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City Council Minutes 09-28-1987MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, September 28, 1987 - 7:30 p.m. Members Present: Arve Grimsmo, Fran Fair, Bill Fair, Warren Smith, Dan Blonigen Members Absent: None 1. Call to Order. 2. Approval of Minutes. Motion was made by Blonigen, seconded by Warren Smith, and unanimously carried to approve the minutes of the regular meeting held September 14, 1987. 4. Public Hearing on the 1988 Annual Budget AND 8. Consideration of Adopting the 1988 Budget and Certifying the Tax Levy. Mayor Grimsmo noted that the 1988 Budget had been prepared resulting in a tax levy of $1,821,370, which is an increase of $144,470 over 1987. The tax levy as proposed is the maximum allowable under guidelines set by the State Revenue Department. The public hearing was opened to comments from the public regarding the budget, and Mr. Robert Wortmann inquired as to how the State Revenue Department imposes the tax levy and what the dollar amount was. Administrator Wolfsteller explained how the Revenue Department determined the levy limit for each community which basically sets the levy limit at 3 percent increase over the previous year with additional increases allowed for population and household growths within each community. Hearing no other comments, the public hearing was closed. Motion was made by Fran Fair, seconded by Bill Fair, and unanimously carried to adopt a resolution approving the 1988 Budget and setting the tax levy. See Resolution 87-27. 5. Public Hearing on the Proposed Assessment Roll for the 1986-1 Improvement Project and the Highway 25 Improvement AND 9. Consideration of Adopting an Assessment Roll for Certification with the County Auditor Covering the 1986-1 Improvement and the Highway 25 Improvement. As part of the 86-1 Interceptor Sewer Project, approximately one-half dozen areas were improved with sanitary sewer, watermain, curb and gutter, along with street improvements. Chestnut Street between West Broadway and West River Street received curb, gutter, and street improvements along with watermain and storm sewer improvements. 5 1/2 Street between Highway 25 and Maple also received curb and 1 Council Minutes - 9/28/87 gutter, storm sewer, watermain and sanitary sewer services to property that did not previously have services available; and Locust Street between 5 1/2 and Sixth Street was also improved with curb and gutter and street improvements. Additionally, watermain extensions were provided south of Sixth Street on Linn and sanitary sewer and water was also extended along Minnesota Street south of Seventh Street. As part of the MN/DOT improvement to Highway 25 from I-94 to River Street, curb, gutter, and sidewalk improvements were constructed. An assessment roll was prepared for all benefiting property owners using the final cost tabulations available. The assessment roll prepared varied for each type of improvement from a low of 20 percent for most street curb and gutter improvements up to 100 percent for some parcels that received sewer and/or water benefits. The assessment hearing was opened to the public, and Mayor Grimsmo acknowledged receiving letters contesting their proposed assessments from Jim and Carol Oveson and Ruth Murnane and Robert Wortmann, property owners along Chestnut Street, and a letter from John Meier, property owner along 5 1/2 Street. The Chestnut Street property owners objected to the amount of the assessment primarily because of the proposed watermain portion of the assessment. The property owners questioned the need for the new watermain installed and felt that a 100 percent assessment for this improvement was not appropriate in that all of the parcels were served prior to the improvement by individual service lines connecting to either River Street or West Broadway. Public Works Director, John Simola, noted that the watermain construction on Chestnut was necessary prior to the street improvement to eliminate potential problems with individual service lines connecting to side streets. The Council further discussed the merits of a possible reduction in the assessment amount in this case because of most of the properties having had water service available from other methods prior to the improvement; and as a result, a motion was made by Bill Fair, seconded by Warren Smith, to reduce the proposed special assessment for four property owners along Chestnut Street on the watermain improvement from the initial $2,808 per parcel to $1,404. Voting in favor was Arve Grimsmo, Fran Fair, Bill Fair, Warren Smith. Voting in opposition: Dan Blonigen, as he felt it was too much of a reduction. Mr. John Meier spoke in opposition to the proposed assessment for his parcel consisting of the north 1/2 of Lot 1, Block 12, along 5 1/2 Street. Mr. Meier felt the $5,559 assessment exceeded the market value increase of his property. Mr. Meier noted that previously he had been given an estimated assessment cost in the range of $3,600 and felt the $5,559 cost was excessive. It was noted by the Public Works Director that information regarding the proposed assessment was given to the new owner of the property, Jim Eisele, on June 2, 1987, which estimated the assessment could be $5,900. After further discussion on the proposed assessment, it was the Council consensus to delete this assessment from the assessment roll at this time and allow Mr. Meier to present to City staff a certified real estate appraisal of the property Pa Council Minutes - 9/28/87 prior to and after the improvements were installed. The staff was instructed to review the certified appraisals and submit a recommendation to the Council at the next Council meeting, at which time the assessment would be adopted and certified for collection in 1988. Hearing no other comments in regards to the proposed assessments, motion was made by Fran Fair, seconded by Bill Fair, and unanimously carried to adopt the resolution adopting the assessment roll as proposed and modified with the exception of the John Meier property, which will be considered at the next scheduled Council meeting. See Resolution 87-28. 6. Public Hearing on the Proposed Assessment Roll for Delinquent Charqes AND 10. Consideration of Adopting an Assessment Roll for the Certification with County Auditor Covering Delinquent Charges. A public hearing was held regarding the proposed assessment roll for delinquent sewer and water charges and other miscellaneous service charges for properties within the city over 60 days past due. Hearing no comments, a motion was made by Bill Fair, seconded by Warren Smith, and unanimously carried to adopt the resolution adopting the assessment roll for certification to the County Auditor. See Resolution 87-29. 7. Public Hearing to Consider Modification of the Finance Plan for Tax Increment District #6. A public hearing was held to consider modifications to the finance plan for Tax Increment District #6 for the purpose of allowing the HRA to recapture the additional expenditures incurred because of needed soil correction that was completed as part of the Interceptor Sewer Project and the construction of Sixth Street within the Tax Increment District. The additional expenditures totaled $53,000, and the finance plan was amended to include this additional cost. Hearing no comment from the public, the public hearing was closed; and a motion was made by Fran Fair, seconded by Dan Blonigen, and unanimously carried to adopt the resolution approving the modification to Tax Increment District #6. See Resolution 87-30. 11. Consideration of Zoning Map Amendment - Boyle Property. At the previous Council meeting, consideration of changing the zoning classification on the Boyle property adjacent to the new middle school site was tabled to allow Mr. Boyle and his representatives additional time to review the proposed zoning changes. Mr. Boyle, in a written letter to the Council, objected to the proposed zoning changes but did feel that a rezoning change to all light industrial would be acceptable. 3 Council Minutes - 9/28/87 The City's Consulting Planner, along with the Planning Commission, recommended that changes be made to the zoning because of the school location reclassifying heavy industrial zoning to a lower use such as commercial and light industrial. It was noted by the Council that the City would certainly consider future zoning changes on this property as development occurs and proposals are presented; but a motion was made by Bill Fair, seconded by Warren Smith, and unanimously carried to amend the City Zoning Ordinance Map for the Boyle property in question to light industrial, highway business, and limited business. See Zoning Ordinance Map Amendment No. 159. 12. Consideration of Service Road for East County Road 39. At the previous Council meeting, three alternatives for a rural type service or frontage road were presented that would provide access to the Riverroad Plaza and MacArlund Plaza development as part of the East County Road 39 and Highway 75 improvement project scheduled for next year. Because of the intersection relocation, a service road connecting County Road 39 with the MacArlund Plaza development would be necessary and the three alternatives ranged in cost from approximately $10,000 to more than $30,000 depending on the length of road constructed. Property owners Curt and Anna Mae Hoglund, along with lease holders, Maus Foods, of the Riverroad Plaza, previously indicated a need for the frontage road to have access to County Road 75 in both an east and west direction, which would require the frontage road to be extended to a point west of the proposed median to be constructed on County Road 75. Dave Montebello, Project Engineer, and Wayne Fingalson, County Highway Engineer, recommended that the entrance to the service road be across from the existing entrance into the property south of County Road 75 where the existing private road crossing currently exists. This alternative would cost approximately $20,000 of which the City and/or property owners would be responsible for; and it was noted by Public Works Director, John Simola, that to construct this frontage road, the City would have to acquire right-of-way from Curt Hoglund. It was the City's and County's desire to exchange property with Mr. Hoglund by transferring existing right-of-way near County Road 39 and 75 intersection in lieu of the frontage road easement, and it was proposed that the City pick up the cost of the improvement with the exception of any needed curb and gutter, which would be assessed to the benefiting property owner. After further discussion on the alternates available, motion was made by Bill Fair, seconded by Dan Blonigen, and unanimously carried to approve the frontage road alignment that would be built in front of the Riverroad Plaza to the approximate area of the present access point for Curtis Hoglund property that would allow both an east and west access to County Road 75 just past the concrete median proposed. The approval for construction is contingent upon the property owner exchanging the land needed for the frontage road in lieu of right-of-way near the present intersection and that any curbing required for the frontage 4 Council Minutes - 9/28/87 road would be assessed to the property owner. The property owner, at this point, would have 30 days to agree to the proposed frontage road alignment or other alternatives will be considered by the Council. 13. Consideration of Award of Contract for Construction of Gazebo in Ellison Park. The City of Monticello received two bids for the construction of the gazebo in Ellison Park, one from Blonigen Builders of Monticello for a lump sum of $8,987, and the second from Pancon, Inc., of St. Louis Park, in the lump sum of $8,498. It was recommended by the Public Works Director that because of the experience Blonigen Builders has had with building similar type structures in the past that the award be given to Blonigen Builders. Motion was made by Fran Fair, seconded by Bill Fair, to award the contract for construction of the gazebo in Ellison Park to Blonigen Builders at the price of $8,987. Voting in favor was Arve Grimsmo, Fran Fair, Bill Fair, Warren Smith. Dan Blonigen abstained. 14. Consideration of Purchasing Snowblower Parts from the City of Fairmont. Public Works Director, John Simola, informed the Council that the City of Fairmont had recently purchased a new snowblower to replace a snowblower that is identical to the one owned by the City of Monticello. Because of the difficulty in finding spare parts for the snowblower that is no longer in production, it was recommended by the Public Works Director that the City consider purchasing the operable snowblower from the City of Fairmont for $2,000. It was noted that the asking price was extremely reasonable in light of the fact that an operable unit could be worth two or three times as much as their asking price. As a result, motion was made by Bill Fair, seconded by Dan Blonigen, and unanimously carried to authorize the purchase of this snowblower from the City of Fairmont for $2,000. 15. Consideration of Revision of Developmental Agreement for Development of Fourth Addition in Meadow Oak. As part of the original requirements between the City and the developer, Dickman Knutson, regarding the replatting of Outlot H of Meadow Oak into the Fourth Addition, Mr. Knutson was required to return to his original grading plan for the PUD and draft a letter to the County asking for discharge of surface water from Area A-3 to a nearby marshy area which eventually would lead into Ditch 33. In addition, Mr. Knutson was to follow all of the original specifications and plans for the PUD and thus, the City would allow for construction to be staged so that approximately 14 lots could be built along Meadow Lane. The sewer and water contractor for Mr. Knutson had significant problems with the watermain construction, and many leaks were found where the Council Minutes - 9/28/87 service lines connected to the main line. This required re -excavation of almost every service in the entire street section, and these excavations have resulted in settling spots along the roadway service. Because of the problems encountered to date on the watermain construction, the City is reluctant to accept the warranty bond for only one year on the improvements at this time and recommended that the warranty bond be extended for an additional time period of approximately two years. Because of the settling problems occurring along the street surface, it was determined to be in the best interest of both the developer and the City to wait one year before completing the final paving on the street project until the spring of 1988. As a result, the City would require some sort of guarantee that the project would be completed next year such as a letter of credit from the developer or performance bond. It was also recommended by the Public Works Department that additional grading and soil erosion plans be constructed yet this year to eliminate water from standing behind the curbs which could cause further street deterioration and also a question remained regarding the elevation of the westerly portion of the street to the plat boundary. Finally, the developer had not yet requested from the Wright County Board permission to continue drainage into Ditch 33 as the development continues, and the City staff recommended direction from the Council on how to proceed with the development until these items are completed. Motion was made by Blonigen, seconded by Warren Smith, and unanimously carried to require the developer to acquire discharge rights for the Meadow Oak Development into Ditch 33 before further development will be allowed and to approve acceptance of the utility construction provided a two-year warranty bond is provided by the contractor and to require completion of all grading and erosion control along Meadow Lane. In addition, the developer will be required to provide a letter of credit or cashier's check in the amount of $5,000 to cover the value of the uncompleted street paving portion of Meadow Lane. 16. Consideration of Allowing the Granting of Gambling License Renewal. The Knights of Columbus had submitted an application to the Charitable Gambling Board for renewal of their bingo license conducted at the VFW Club. It was the consensus of the Council to take no action in regards to opposition of this license renewal. 17. Consideration of Establishing Minimum Requirements on Food Service for Sunday Liquor Licenses. The City Administrator informed the Council that he had received an inquiry from a resident of Monticello concerning the City's policy regarding Sunday liquor licenses and the requirement for food service provisions to allow sale of liquor on Sunday. State Statutes allow the City to issue Sunday liquor licenses only in conjunction with restaurant, hotel, or clubs that serve food to at least 30 persons. It is up to each community to determine what the definition of food 0 Council Minutes - 9/28/87 service is; and since the City of Monticello had not established a minimum requirement, the Council discussed what level of food service should be required for a Sunday liquor license. After a brief discussion, the City Administrator was instructed to check with surrounding communities and also with the League of Minnesota Cities to see if a minimum or model ordinance is recommended regarding food service levels normally required for Sunday liquor license and to place the item on the agenda at the next meeting for consideration. 18. Consideration and Review of the Proposed 1988 Budget of the SWC4. Each year the Cable Commission adopts its own budget for the upcoming year, and the City of Monticello, being a member of the ten community commission, reviews the budget set by the Joint Powers Commission. The budget proposed for 1988 would require the City of Monticello to contribute $6,411 towards the operation of the Commission, which is returned in the form of a franchise fee from Jones Intercable Company at the end of the year. Motion was made by Bill Fair, seconded by Fran Fair, and unanimously carried to ratify the budget set by the SWC4 for the year 1988. 19. Consideration of a Simple Subdivision Request to Resubdivide Two Residential Lots. A Variance Request to Allow the Placement of a House Within the Sideyard Setback of a Resubdivided Lot Line, and a Variance Request to Allow Two Residential Lots, When Subdivided, to be Less than the Minimum Lot Square Footage. Applicant, Dan Frie. Mr. Tim Witschen and Dan Frie requested a variance to allow for the subdivision of Lots 6 & 7, Block 38, Lower Monticello, into two new lots, one with an existing house and the other remaining portion to be used for an additional residential lot. The subdivision request as proposed would require a variance from the minimum lot standards in that the newly created lot would be 330 sq ft less than the standard required when the property was originally platted, and approximately 1,670 ft short of the newly required lot size of 12,000 sq ft. In addition, a variance would be needed to allow the existing house to be within 7 1/2 ft of the property line where normally 10 ft is required. The property owners felt the variances were a reasonable request in that they were only a few hundred feet short of the former requirements for a city lot and felt the newly created lot would support an additional residential dwelling rather than demolishing the existing house and constructing a four-plex apartment unit. The Planning Commission had reviewed this subdivision request and variances and recommended denial on the basis that a hardship had not been shown by the developers and based on the fact that two variances would be required. 7 Council Minutes - 9/28/87 After much discussion by the Council regarding the subdivision, motion was made by Fran Fair, seconded by Bill Fair, and unanimously carried to reaffirm the Planning Commission's recommendation and deny the request based on the facts that the newly created lot would be less than the original city standards for a similar lot and that the variance would be necessary to allow the existing house to be only 7 1/2 ft from the property line. 20. Consideration of Underground Sprinkler Installation at Monticello City Hall. The 1987 Budget included funds for the installation of an underground sprinkling system at the Monticello City Hall. Two bids were solicited from area contractors and received by the Building Inspector Friday, August 25. The first bid from Fair's Garden Center proposed the use of a Rainbird sprinkler system in the amount of $5,840. An additional estimate of $390 or more would be required to bring a service connection to the outside wall of City Hall for connection to the underground sprinkler system. As a result, the bid would be in the neighborhood of $6,300. A second bid was received from Ak-Sar-Ben of Elk River for a complete installation from inside of City Hall in the amount of $5,815.70. The system proposed by Ak-Sar-Ben was a Toro sprinkler system, similar to the Rainbird system. After discussing the bids and materials proposed, motion was made by Dan Blonigen, seconded by Warren Smith, to accept the second low bid from Fair's Garden Center in the amount of $5,840 with the City to provide the water service to the outside of the building. voting in favor was Arve Grimsmo, Fran Fair, Dan Blonigen, and Warren Smith. Bill Fair abstained. 21. Consideration for the City of Monticello to Pursue the Airport Project. Recently, the City was informed of the City of Big Lake's withdrawal from the Joint Airport Commission. At this point, the City had the choice of continuing the feasibility study as to whether an airport is needed in the Monticello area on its own or also decide to withdraw from further exploration of the issue at this time. It was the general consensus of the Council members during the discussion that without the public support being shown at this time, the City of Monticello should consider discontinuing any efforts to study feasibility of a regional airport in or near Monticello. As a result, motion was made by Bill Fair, seconded by Dan Blonigen, and unanimously carried to discontinue all efforts in regards to a feasibility report on an airport at this time. 22. Consideration of Bills for the Month of September. Motion was made by Warren Smith, seconded by Fran Fair, and unanimously carried to approved the bills for the month of September as presented. Rick Wolfstel r City Administrator