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City Council Minutes 01-08-1990MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, January 8, 1990 - 7:00 p.m. Members Present: Ken Maus, Fran Fair, Warren Smith, Shirley Anderson, Dan Blonigen Members Absent: None 2. Approval of minutes. Motion made by Warren Smith and seconded by Shirley Anderson to approve the minutes of the special meeting held October 30, 1989. Voting in favor: Ken Maus, Dan Blonigen, Fran Fair, Warren Smith. Abstaining: Fran Fair. Motion made by Warren Smith to approve the minutes of the special meeting of the City Council held December 1, 1989. Motion carried unanimously. Motion made by Warren Smith and seconded by Shirley Anderson to approve the minutes of the regular meeting held December 1.1, 1989. Motion carried unanimously. 3. Citizens comments/petitions, requests, and complaints. Ray Dinius, resident of Riverside Terrace Mobile Home Court, described problems associated with the unrestricted use of snowmobiles in the Riverside Terrace Court area. Dinius noted sections of the snowmobile ordinance that are violated on a regular basis in the area and requested that Council consider taking stronger enforcement action. In addition, Dinius requested that snowmobiles be banned from the Mobile Home Park area by ordinance. Mayor Maus thanked Dinius for his observations and directed City staff to investigate the matter further. A letter from Mori Malone was read by Mayor Maus which requested that the City consider a ban on the operation of cigarette machines within the city limits of Monticello. Mayor Maus requested that staff investigate the potential of banning cigarette machines by ordinance. 4. Public hearing on adoption of proposed assessment roll for Project 89-1 improvement. AND 5. Consideration of adopting the assessment roll for certification to County Auditor. The public hearing was opened. Mayor Maus requested any comments from the public regarding the assessment roll and asked if Rick Wolfsteller had received any inquiries regarding the proposed assessment: Administrator Wolfsteller indicated that he had received no complaints and that the assessment roll design was based on previous input by Council prior to the ordering of the improvement. 1 Council Minutes - 1/8/90 There being no further input from the public, the public hearing was closed. Motion made by Fran Fair and seconded by Dan Blonigen to adopt the assessment roll for 89-1 Improvement Project as prepared and adopt a resolution certifying the same to County Auditor for collection beginning next year. Motion carried unanimously. SEE RESOLUTION 90-1. 6. Conditional use request to allow a 4-plex in an R-2 (single and two family residential) zone, a variance request that would allow two zero lot line duplexes, a variance request to allow the two zero lot line duplex residential lots to have less than the minimum lot square footage and lot frontage. Applicant, Lanners Custom Homes. Assistant Administrator O'Neill reviewed the proposed site plan and outlined land use issues associated with the development of this 4-plex in the R-2 zone. O'Neill noted that the development meets minimum lot requirements; however, the development is allowed only as a conditional use and, therefore, the City Council must consider the impact of this development in terms of its relationship to the municipal comprehensive plan, the geographical area involved, whether such use will tend to or actually depreciate the area in which it is proposed, the character of the surrounding area, and the demonstrated need for such use. Councilmember Fair expressed her concern over parking problems in the area. It was her concern that introduction of the higher density 4-plex next to the church facility would be detrimental to the neighborhood in terms of parking and traffic congestion. Mayor Maus noted that at the time the church property was subdivided, the site plan showed two single family units on the two lots separated from the original four -lot church development. Dan Blonigen agreed that the original subdivision was promoted based on the potential for two single family lots. Shirley Anderson found that the 4-plex would be detrimental to the area by reducing adjoining land values. It was her view that there are other R-2 areas that are better suited for this type of development. Gregg Lanners noted that the property was purchased based on R-2 zoning, which provided the developer with flexibility to develop either single family homes, duplexes, triplexes, or even a 4-plex. It was his view that the 4-plex met the minimum standards; therefore, the property should be allowed to be used in conjunction with development of a 4-plex. Lanners went on to question whether utilizing each lot for a small single family residence would enhance the area any more than the large 4-plex would. John Haller presented a petition. In his presentation, Fuller noted that the architecture and style of structure is not consistent with the 2 Council Minutes - 1/8/90 adjoining properties and, therefore, the 4-plex would stick out in the neighborhood and would also diminish the value of the adjoining properties. Warren Smith expressed his concern that the proposed development would have a negative impact on the neighborhood and reiterated that under the conditional use permit process the City has the right to approve a conditional use permit with conditions it deems necessary to mitigate negative impacts on the neighborhood, and the City also has the right to deny a conditional use permit if it is impossible to attach conditions that would serve to mitigate a negative impact on the neighborhood. It was Smith's view that the 4-plex proposed is not compatible with the character of the neighborhood and would serve to diminish property values. Fran Fair went on record by saying that the neighborhood support for denial of the conditional use permit is not a factor in the decision by Council. Assistant Administrator O'Neill reviewed a video of other R-2 areas and reviewed the relative impact of a 4-plex in other areas within the R-2 zone. At this point in the meeting, the City Attorney requested that in the case of denial of the conditional use permit, Council must make specific findings of fact with regards to this case. It was his view that there is ample evidence to deny the permit and that Council should cite such evidence in their motion. After discussion, motion made by Dan Blonigen and seconded by Shirley Anderson to deny the conditional use permit based on the finding that: 1. The proposed development is not consistent with the geographical area involved. 2. Development of a 4-plex in this area will tend to or actually depreciate the area in which it is proposed. 3. The proposed development is not consistent with the predominant single family residence character of the surrounding area. 4. The developer has not sufficiently demonstrated the need for such use. Motion carried unanimously. After the motion, Mayor Maus mentioned that the nearby triplex is quite conducive to and consistent with the character of the neighborhood, and he noted that he would be quite willing to consider a similar style of development at the subject site. 3 Council Minutes - 1/8/90 7. Consideration of ordering feasibility study for public improvements to Sandberg East development. Applicant, Vic Hellman. Assistant Administrator O'Neill informed Council that Vic Hellman has submitted a building permit application for construction of a residence in the Sandberg East development. O'Neill noted that the Sandberg East development consists of 18 one -acre lots which were allowed to be platted in December 1987. According to the Zoning Administrator for the OAA, it was clear from the minutes of the OAA meetings that at the time the lots were platted, it was the intent to require that the lots be sold in increments of two lots, which would allow development of a residence on one lot and a septic system on the vacant lot. At such time that city services would be needed, it was the intent to abandon the septic systems on the vacant lots and possibly sell those lots off to help defray the cost associated with installation of city services. Mr. Hellman purchased this land from John Sandberg with the intent of following the plan for development of the lots as established by Sandberg and the OAA. Soon after this land was officially platted, it was subsequently annexed to the City, which placed it under a new set of rules and regulations regarding the development. Specifically, city ordinance prohibits installation of private water systems or sewer systems in the City except in such cases as the public water and sewer systems are not accessible to the premises. Ordinance requires that each person desiring to install private water or sewer systems must first make application for connection to the public system. Upon resolution of the Council determining that it is not feasible to connect the applicant's premises to city services, then the applicant shall be granted a permit to install a private water and/or sewer system. Assistant Administrator O'Neill asked Council to consider ordering the study which would assist the City in determining whether or not it is feasible to connect the 18 lots to city services. O'Neill also asked Council to consider defining the scope of the feasibility study and went on to report that this particular case is somewhat complicated by the fact that the land was platted prior to annexation in a manner that is not conducive to cost efficient installation of city services, nor do the lots as designed integrate well with the adjoining property to the west. O'Neill noted that each lot frontage is approximately 90 feet with a lot depth of 272 feet. This configuration creates an inefficient use of land; therefore, it may be an opportune time to not only look at the feasibility of serving these lots as they now exist but also look at the potential of reconfiguring the plat in a manner that would gain better use of the land. Such a reconfiguration would require that the adjoining property to the west now owned by Rod Norrel be included in the analysis. O'Neill also noted that under either alternative, public utilities would need to pass by or through property now owned by Robert Krautbauer. The portion of the feasibility study that could be attributed to this property amounts to $2,000. 4 Council Minutes - 1/8/90 At this point in the meeting a general discussion regarding alternatives #1 and #2 was conducted. Robert Krautbauer was concerned about the potential assessment against his property and requested that questions he has be clarified prior to Council consideration of this matter. Dan Blonigen mentioned that the City needs to develop an assessment policy which is fair to those property owners that receive benefit of public improvement but are not intending on developing the property that the improvement passes through. Blonigen asserted that the largest share of the cost to extend utilities to outlying points in the community should be borne by the developer that requests the utilities. Fran Fair noted that this is the opportune time to examine the plat's design for the area, and it makes sense at this time to study the potential for reorganizing the lot so that public utilities can be extended in a cost efficient manner. Dan Blonigen suggested that City staff develop a preliminary estimate of the cost to extend public utilities to the existing lots utilizing the most direct route possible. This information and other information is to be shared with Mr. Krautbauer and other affected land owners at staff level. Further consideration of redesign of the Sandberg East plats/Norrel property could occur at an upcoming meeting. Mayor Maus concurred that the City should table this matter until property owners have had a chance to meet again with City staff. Motion was made to table this matter by Dan Blonigen, seconded by Warren Smith. Motion carried unanimously. 8. Consideration of authorizing joint fire board to pursue alternatives for a replacement tank truck. Rick Wolfsteller noted that Township officials had approved the idea of purchasing a used tank truck which includes a 1982 Ford chassis that one of the board members had located. Wolfsteller reported that the fire department was not discouraging the Township's efforts to find a tank truck; however, there were concerns that the proper type of tank be acquired to fit the chassis. Wolfsteller went on to note that one of the problems of obtaining a used vehicle is that sometimes when an appropriate one is available, action must be taken to avoid losing the purchase. At the same time, however, he noted that the fire department should be careful to require that the truck and tank meet certain specifications, or we could be inheriting a problem in the future. Jerry Wein reported that he had reviewed the proposal to purchase the 1982 Ford chassis and indicated that it is likely that they would be able to develop a fire tanker truck that would meet department specifications. At this point in the meeting, a general discussion regarding the financing of the tanker truck ensued. 5 Council Minutes - 1/8/90 Motion by Fran Fair and seconded by Shirley Anderson to authorize purchase of replacement tanker at a cost not to exceed $21,500 with funding based on existing formula (65o City, 35% Township) for City/Township cost sharing. Voting in favor: Warren Smith, Ken Maus, Shirley Anderson, Fran Fair. Opposed: Dan Blonigen. Dan Blonigen opposed the motion, as it was his view that the Township should pay a larger portion of the cost of equipment that will be used primarily in the township. 9. Consideration of active participation in operation and development of Pilot's Cove Airport. Assistant Administrator O'Neill reported that Jim Hallila, present owner of Pilot's Cove Airport, requested Council consider providing him with help in operation of the airport. Specifically, Hallila asked that the City pay one-half the cost of the snowplowing, with the City of Big Lake paying for the other half. Hallila also requested that the City pay one-half of the electric bill or purchase a pilot controlled receiver that can be connected to runway lights, which will assist in the cost efficient operation of the runway lights. Jim Hallila was present, along with a number of individuals that have an interest in developing the Pilot's Cove Airport. Hallila noted that he is interested in maintaining the airport for public use; however, he requests that the City provide assistance in his endeavor, as the cost to operate the airport exceeds monetary benefit that can be gained. Hallila requested that the City consider working with him along with other aviation enthusiasts toward development of a municipal airport. Finally, Hallila mentioned the potential of the airport becoming a private airport with development of private dwellings alongside the airport property. Under this scenario, only individuals with special permission could utilize the facility. Mayor Maus reviewed some of the history behind past efforts to develop a public airport. Maus noted that the airport as it now exists was previously deemed as being in the wrong location. The relatively poor location prohibited the airport from qualifying for state and federal funding. Members of the audience indicated that the airport is vital to the commercial development of the community, and it should not be allowed to be turned into a housing development. Efforts should be made to help keep it open as an airport for now, even at a minimum level. Shirley Anderson noted that she would not like to see the City lose this facility and mentioned that it could be time well spent to determine if this airport could be upgraded. It was suggested by Ken Maus, and Fran Fair concurred, that the strategy for determining the feasibility of development of this airport should be brought before the Industrial Development Committee for review. 0 Council Minutes - 1/8/90 Fran Fair was concerned that the research concerning this particular issue would require staff time that is not available at this time. A strategy for developing answers to the many questions regarding the feasibility of this airport must be developed if the City is to proceed on this matter. It was the general consensus of the group to charge the Industrial Development Committee with this responsibility or potentially develop an Airport Commission that would be especially geared toward analyzing the potential for upgrading the present airport. Motion was then made by Warren Smith and seconded by Shirley Anderson to provide one-half of the funding necessary to plow snow and purchase a $450 pilot controlled receiver which would be used to control the runway lights by pilot control. During discussion, Dan Blonigen noted that he did not agree with the motion, as he objects to use of tax dollars in this manner. The proposal to use tax dollars to subsidize a privately owned public airport, in his estimation, does not serve a sufficient public purpose. Voting in favor: Ken Maus, Shirley Anderson, Warren Smith, Fran Fair. Opposed: Dan Blonigen. Motion carried. 10. Consideration of increase in sewer rates. John Simola reported that at the November 13, 1989, meeting, City staff presented a revised 1990 budget for the sewer plant and lab collection system that reflected increased operational cost. At that meeting, City Council approved a new contract with PSG in the 1990 budget for the sewer fund which was set at $413,645. This was a 9.4% increase over the 1989 budget. Simola went on to describe the final estimates for the 1989 budget, which indicated a shortfall in the fund of $5,337. Based upon past history and discussions with citizens about their usage of the sanitary sewer system and considering the slight increase in sewer usage due to increase in water pressure, Simola estimated billable flow and loading for the treatment plant for 1990. Using the formulas outlined by city ordinance, Simola outlined an amended rate structure. In summary, the rate increase proposed has the most significant effect on Sunny Fresh Foods because they are an extremely large user and produce 44% of the BOD loading and almost 200 of the total suspended solids. Although Sunny Fresh is not happy with the increase, they are satisifed that the cost and distribution of the increase is appropriate and correct. After discussion, motion made by Dan Blonigen and seconded by Shirley Anderson to approve the following rates: Flow $ 0.811 per hundred cubic feet BOD $ 0.150 per pound TSS $ 0.273 per pound Combined rate for residential, commercial, & industrial users $ 1.515 per hundred cubic feet Motion carried unanimously. 7 Council Minutes - 1/8/90 11. Consideration of approval of plans and specs for booster pump refurbishment or replacement at the water reservoir at Chelsea Road and the authorization to advertise for bids. ,john Simla reported that the capacity of the booster pumps at the , reservoir at Chelsea Road has been reduced and will be further reduced upon filling of the new water tank to its maximum operating level in early summer; therefore, it is necessary to refurbish or replace the booster pumps so that they will again have a combined pumping capacity of approximately 2,100 gallons per minute. After discussion, motion made by Fran Fair and seconded by Shirley Anderson to approve plans and specifications as presented and authorize advertisement for bids returnable on February 2, 1990. Motion carried unanimously. 12. Consideration of approving 1990 contract for police protection with Wright Countv Sheriff. Administrator Wolfsteller reported that the Wright County Sheriff's Department has provided a new law enforcement contract covering services for the year 1990 at a total estimated contract fee of $150,080.50. This contract amounts to a total of 7,321 hours of patrol coverage annually, which includes an estimated 416 hours that will be used by the Sheriff's Department for providing additional patrolmen for Friday and Saturday evenings for continued enforcement of the cruising and loitering activities. Council discussed the snowmobile related problem, and it determined that no information regarding the ordinance should be published in the paper. In addition, staff was directed to request stricter enforcement of the snowmobile ordinance. After discussion, motion made by Warren Smith and seconded by Shirley Anderson to ratify the contract certifying a number of hours of coverage at a maximum of 7,321 hours at a rate of $20.50 per hour. Motion carried unanimously. 13. Consideration of making annual appointments. After discussion, motion made by Shirley Anderson, seconded by Warren Smith, and carried unanimously to approve the 1990 appointments as follows: Official Depositories: Newspaper: ANNUAL APPOINTMENTS 0 Wright County State Bank Security Financial Savings & Loan First National Bank of Monticello Monticello Times Housing and Redevelopment Authority: (5 -year staggered terms) Planning Commission: Health Officer: (1 year) Acting Mayor (1 year) Joint Commissions: Comunity Education Fire Board OAA Library Board: (3 -year staggered) Attorney: Planner: Auditor: Recycling Committee: Council Minutes - 1/8/90 1. Tom St. Hilaire 12/91 2. Ben Smith 12/90 3. Bud Schrupp 12/94 4. Al Larson 12/93 5. Everette Ellison 12/92 1. Richard Carlson 2. Mori Malone 3. Cindy Lem 4. Richard Martie 5. Dan McConnon Dr. Donald Maus Warren Smith Rick Wolfsteller Ken Maus 1. Ed Solberg 12/90 2. Dr. Donald Maus 12/91 3. Mary Jane Puncochar 12/90 4. Pat Schwarz 12/91 5. 12/92 Smith & Hayes Dahlgren, Shardlow & Uban Gruys, Johnson & Associates Dan Blonigen 14. Consideration of maintenance agreement with Wright County for Count State Aid Highways in Monticello. After discussion, motion made by Dan Blonigen and seconded by Warren Smith to approve the maintenance agreement as presented. Motion carried unanimously. 0 Council Minutes - 1/8/90 15. Consideration to adopt a resolution calling for a public hearing on the proposed modification by the Housing and Redevelopment Authority in and for the City of Monticello, of the redevelopment plan for Redevelopment Project No. 1, the modification of the tax increment financing plans for the tax increment financing districts Nos. 1-1 through 1-8 and the approval and adoption of the tax increment financing plan for Tax Increment Financing District No. 1-9, all located within Redevelopment Project No. 1. After discussion, motion was made by Dan Blonigen and seconded by Shirley Anderson to approve said resolution. Motion carried unanimously. SEE RESOLUTION 90-2. (A second resolution numbered 90-2 was executed on 7/3/90 to reflect the present number of 1-11 for the TIF district for Martie's Feed Store. On 1/22/90, the Council denied use of TIF for Martie's, but then approved it when reconsidered on 2/12/90. However, two other districts had been approved before 2/12/90, so Martie's TIF district became 1-11 rather than remaining 1-9.) 16. Review of Heartland Express monthly activity report. Assistant Administrator O'Neill reported that in general, the operating statistics for the first month of operation appear to be positive. The Minnesota Department of Transportation is impressed with the City's average ridership of 36 rides per day. In summary, 737 rides were provided by the system, of which 306 riders were elderly, 26 handicapped, 96 children, 43 free rides or toddlers, and 266 members of the general public outside the groups listed above used the system. Total number of miles driven amounted to 1,396, which created a per ride mileage of 1.89 miles. Warren Smith noted that he received considerable positive input from the public regarding the bus service and is satisfied with the level of ridership. Dan Blonigen noted that the cost per ride and cost per mile figures need improvement and that the system is not yet meeting its projected ridership. Ken Maus was satisfied with the ridership at this point and indicated that the comments he has received from the public have been very positive, and this sentiment will likely contribute toward increase in ridership as the system matures. 17. Consideration for locksmith services and hardware for the Monticello Fire Station and the Monticello Hi -Way Liquor building. After discussion, motion was made by Fran Fair, seconded by Shirley Anderson, to approve two bids submitted by L & R Services Locksmith for $892 for Monticello Fire Station and $359 for the Monticello Hi -Way Liquor building. Motion carried unanimously. NX Council Minutes - 1/8/90 18. Consideration of bills for the last half of December. After discussion, motion made by Shirley Anderson and seconded by Dan Blonigen to approve the bills for the month of December. Motion carried unanimously. There being no further discussion, meeting was adjourned. Respectfully submitted, F J Jeff O'Neill Assistant Administrator 11