Loading...
City Council Minutes 03-12-1990MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, March 12, 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 was made by Warren Smith, seconded by Shirley Anderson, to approve the minutes of the regular meeting held February 26, 1990. Motion carried unanimously. 3. Citizens comments/petitions, requests, and complaints. None forthcoming. 4. Consideration of approving preliminar_•y and final plat - Remmele addition. Assistant Administrator O'Neill explained that the plat cannot be recorded at this time, as Remmele Engineering has been unable to acquire all of the land affected by the proposed plat. He went on to inform Council that Remmele hopes to acquire the necessary property in time for the Council meeting scheduled for March 26, 1990. After discussion, motion was made by Dan Blonigen, seconded by Warren Smith, to table consideration of the preliminary and final plat of the Remmele addition until the proper names and signatures of the affected property owners are placed on the plat. Motion carried unanimously. 5. Public hearing - Consideration of vacation of Fallon Avenue between Chelsea Road and I-94 and consideration of vacation of utility easements. Mayor Maus opened the public hearing. Assistant Administrator O'Neill explained that this item should be tabled pending finalization of the Remmele addition plat. After discussion, motion was made by Warren Smith, seconded by Fran Fair, to continue the public hearing. Motion carried unanimously. 1 Council Minutes - 3/12/90 6. Public hearing and consideration to adopt a resolution relating to the modification by the Housing and Redevelopment Authority in and for the City of Monticello of the redevelopment plan relating to Redevelopment Project No. 1, the modification of the Tax Increment Financing Plans relating to Tax Increment Financing District Nos. 1-1 through 1-9, and the establishment of Tax Increment Financing District No. 1-10, all located within Redevelopment Project No. 1, and the approval and adoption of the Tax Increment Financing Plan relating thereto. Mayor Maus opened the public hearing. Staff informed Council that approval of this TIF district has been rescheduled to March 26, 1990. The added time will allow the City to fully meet the public notice requirements. After discussion, motion was made by Shirley Anderson, seconded by Warren Smith, to continue the public hearing on this matter to the regular meeting scheduled March 26, 1990. 7. Public hearing - Consideration of a resolution adopting tax increment financing plan - The Lincoln Companies/K-Mart. Mayor Maus opened the public hearing. Council was informed by staff that the public hearing on this matter should be continued to the next regular meeting of the City Council. The delay will provide time to complete all the necessary public hearing requirements. In addition, the delay will not substantially affect the project schedule. After discussion, motion was made by Dan Blonigen, seconded by Shirley Anderson, to continue the public hearing on this matter to the next regularly scheduled meeting of the City Council on March 26, 1990. 8. Consideration of purchase of the Pratt property - a portion of land necessary for the 7th Street alignment. Assistant Administrator O'Neill asked Council to authorize purchase of property owned by Larry and Debra Pratt for the sum of $68,000. O'Neill informed Council that the City originally expected to purchase the property for $61,000; however, the owners of the property have failed to make any payments on their loan. As a result, interest penalties have been increasing to the point where principal and interest costs may amount to as much as $7,000. O'Neill went on to inform Council that the City Attorney indicates that clear title to the property can only be obtained if the City pays the original purchase price and the additional interest and penalties. 2 Council Minutes - 3/12/90 Finally, O'Neill informed Council that acquisition of the property at this time is critical to the timely installation of 7th Street improvements. Council could consider condemnation of the property in order to obtain the necessary right-of-way; however, the time required to complete the process creates a problem, and there is no guarantee that the City would be able to obtain the property at a lesser price. Therefore, staff and the City Attorney recommend that the property be purchased at this time. Shirley Anderson noted that purchasing the property at a higher price is a bitter pill to swallow; however, it looks as though the City has no other alternative. Ken Maus requested that City staff and the attorney make every effort to limit the amount the City must pay beyond the original agreed upon price of $61,000. After discussion, motion was made by Fran Fair, seconded by Shirley Anderson, to authorize purchase of the Pratt property at an estimated purchase price of $68,000. Motion carried unanimously. 9. Consideration of request to rezone R-1 (single family residential) to PZM (performance zone mixed). Applicants, Tom Holthaus, Matt Holker, and Steve Holker, owners of West Side Market. Assistant Administrator O'Neill reviewed the planning case and informed Council of Planning Commission's recommendation that the rezoning request be denied based on the Planning Commission's view that the request was inconsistent with the comprehensive plan, the added traffic created by the development will negatively impact the area as an R-1 or residential zone, a PZM (high density residential/ limited commercial zone) imbedded in an R-1 zone is not consistent with the character of the R-1 zone, allowing an R-1 zone to be rezoned to PZM would set a poor precedent and constitute spot zoning, and the applicant failed to demonstrate that a need exists for the rezoning. Shirley Anderson indicated her opposition to the development of a car wash in the area; however, she could accept a concept of a deli being developed at the site. Mayor Maus noted his concern over the definition of a deli. In this particular instance, the developers are proposing to develop an addition with booths seating 20-30 people. A case could be made that what's being proposed is not really a deli but something more akin to a restaurant. Fran Fair asked the developers if they could divide the property and sell off a 3 Council Minutes - 3/12/90 portion of it for housing. Tom Holthaus stated that that option does not seem feasible, as it is a bad spot for housing. Holthaus noted that most of the homes along Highway 75 do not sell as fast as other homes. Ed Solberg of 1204 Sandy Lane indicated his opposition to the proposed rezoning. Solberg reminded Council that in 1987 Council allowed a restaurant/supper club to be changed to a convenience store under the logic that a convenience store is less non -conforming than the supper club. Solberg went on to say that the developers knew the rules regarding the zoning in the area and that the rules should not be changed. In fact, the R-1 rules were kept in place in 1987 to prohibit this very request. Tom Holthaus stated his support for the rezoning. He noted that there has always been a business use at this location. He also noted that there are other PZM zones in the city with similar characteristics to this area. Holthaus noted that the property has been taxed commercially. Finally, Holthaus mentioned that the facility will draw a business from existing traffic associated with the NSP center, the elementary school, Riverside Terrace Park, and the neighborhood. The business will not create traffic from outside and will benefit only from traffic that already exists. Holthaus also went on to describe the operation of the deli. He noted that it will not be a restaurant with food cooked on the site; however, fresh sandwiches and pizza will be served. Diane Peters noted that three years ago the residents were led to believe that this convenience store would be the only commercial development allowed on the corner. She went on to note that some of the landscaping requirements have not been kept, and the screening fence was not painted. Steve Johnson spoke to the issue and noted that in 1987 the City Council made the best of a bad situation when they allowed the convenience store to be developed in replacement of the supper club. It was a logical decision that the Council made at that time, as they opted for the lesser of two evils. Johnson went on to note that the developers knew full well what to expect regarding the use of that land. Johnson went on to state that the PZM zoning is not appropriate in this area, as it was not intended to be a transitional zone from a business district and a residential district. In summary, Johnson concurred with the Planning Commission's recommendation on this matter. 4 Council Minutes - 3/12/90 Ken Maus asked if the landscaping plan was completed. Gary Anderson responded by saying that the screening was put in place as requested. Some of the trees originally planted may have died due to drought conditions. Anderson also noted that the screening fence along the eastern border of the property was not installed at the request of the adjoining property owner. Fran Fair noted that it was her recollection that the original decision was intended to allow a convenience store as a lesser of two evils. It was her view that the intent was not to create a business zone. Fran Fair was opposed to the concept of rezoning this site, as it would constitute spot zoning. Shirley Anderson concurred with this view. Dan Blonigen noted that there is a considerable amount of property at this site that will be unusable if the Council is not flexible on this matter. Blonigen noted that conditions change and that the City needs to be willing to modify its zoning accordingly. Warren Smith agreed with Shirley Anderson that a car wash is not appropriate at this site. In terms of the deli, he might be for it depending on the nature of the deli. He also agrees with Dan that the best use of the land might be for commercial use; however, he did note that it is important that the Council be consistent with the decision made three years ago. At that time, it was intended that this convenience store be allowed to develop in an R-1 district on a limited basis with no further expansion contemplated; therefore, Warren Smith was not in favor of the zoning amendment. After discussion, motion was made by Dan Blonigen to rezone the property to B-1 which would allow convenience stores, laundromats, beauty parlors, barber shops to operate in a neighborhood commercial zone. Motion seconded by Shirley Anderson. During the discussion, Warren Smith again noted that the intent at the time that the convenience store was developed was to not allow further development. That is why the land wasn't rezoned at that time. Fran Fair agreed with Warren Smith's recollection of the events in 1987. Voting in favor of the motion: Dan Blonigen, Shirley Anderson. Opposed: Ken Maus, Warren Smith, Fran Fair. Motion fails. Motion was then made by Warren Smith, seconded by Fran Fair, to deny the rezoning request based on the finding that the rezoning is inconsistent with the comprehensive plan because the comprehensive plan discourages commercial development in residential areas, the added traffic created by the development will negatively impact the area as an R-1 or 5 Council Minutes - 3/12/90 residential zone, a PZM (high density residential/ limited commercial) zone imbedded in an R-1 zone is not consistent with the character of the R-1 zone, allowing an R-1 area to be rezoned to PZM would set a poor precedent and would constitute spot zoning, and the applicant failed to demonstrate that a need exists for the rezoning. Voting in favor of the motion: Shirley Anderson, Ken Maus, Fran Fair, Warren Smith. Opposed: Dan Blonigen. 10. Update: Status of conditional use permit which would allow development of a car wash and deli at the site of the West Side Market. Applicants, Tom Holthaus and Matt and Steve Rn 1 ker. This item was withdrawn from the agenda due to Council's decision to deny related rezoning request. 11. Consideration of a variance request to allow no curbing or hard surfacing in certain areas of a driving area and loading/unloading area. Applicant, Martie's Farm Service. Staff informed Council of the Planning Commission's recommendation that the variance request be granted which would reduce the amount of blacktop and curbing associated with the development. Shirley Anderson noted that she is concerned that an insufficient hardship has been demonstrated in this case and that a variance from the ordinance is only appropriate when a hardship exists. Ken Maus also noted that by allowing the development to occur without the level of curbing and blacktopping as required by ordinance would set a precedent and that a variance in this case may not be appropriate. Maus went on to say that allowing a variance in this case could open the door to similar requests by other developing manufacturing plants. Maus noted that it might make more sense to modify the ordinance in this case rather than allow a variance. Mr. Martie asked why Simonson Lumber is allowed to operate vehicles in areas where there is an unpaved surface. In response to Martie's question, staff reported that the Simonson Lumber parking lot design will be reviewed in terms of City ordinance requirements. If there is a problem at this site, Council will be informed, and the City can respond accordingly. Council Minutes - 3/12/90 After discussion, it was the general consensus that the hard surfacing and curbing requirement as outlined in the City ordinance needs to be reviewed. Staff informed Council that it would begin work on modifying the hard surface and curb requirement in a manner that would accommodate special circumstances as noted in the Martie Feed Store development and the Simonson Lumber development. After discussion, motion was made by Fran Fair, seconded by Shirley Anderson, to deny the variance request based on the finding that the applicant failed to demonstrate a sufficient hardship associated with meeting the requirements of the ordinance. In the motion, staff is directed to prepare potential amendments to the hard surface and curbing requirements of the ordinance which would provide the City with more flexibility in determining hard surface and curb requirements at each development site. Motion carried unanimously. 12. Consideration of replacing overhead doors at the public works building. After discussion, motion was made by Fran Fair, seconded by Shirley Anderson, to replace the doors with the steel rimmed doors from Automatic Garage Door Company for the amount of $5,242. Motion carried unanimously. 13. Consideration of holding annual junk amnesty day on June 1, 1990. After discussion, motion was made by Shirley Anderson and seconded by Warren Smith to schedule the annual junk amnesty day for May 19, 1990. Motion carried unanimously. 14. Consideration of hiring receptionist/utility billing clerk. Assistant Administrator O'Neill informed Council that the staff's selection process is complete and staff recommends Wanda Kraemer for the position of receptionist/utility billing clerk. O'Neill noted that the City received 210 applications for the position. Due to the high number of qualified candidates, the selection process was particularly difficult; however, Wanda Kraemer rose to the top by virtue of her experience as a receptionist for the City of Plymouth. In addition, she received excellent references. After discussion, motion was made by Shirley Anderson, seconded by Warren Smith, to authorize hiring of Wanda Kraemer for the position of receptionist/utility billing clerk at a salary of $8.71 per hour. 7 Council Minutes - 3/12/90 15. Consideration of granting a seasonal 3.2 beer license to the Monticello Softball Association. After discussion, motion was made by Warren Smith, seconded by Shirley Anderson, to grant the license contingent upon receipt of necessary insurance documents and fees. Motion carried unanimously. 16. Consideration of gambling license application renewals - Monticello Jaycees. With no action being taken in opposition to the license applicant, the license application is renewed. 17. Consideration of liability insurance Coverage Waiver of Immunity. The City Council was informed that the City's insurance carrier, The League of Minnesota Cities Insurance Trust, offers the cities the option of waiving the statutory liability limits to the extent of the excess liability coverage purchased. The City has a basic liability coverage of $600,000 and has purchased an additional $1,000,000 in excess liability coverage. The Council discussed the feasibility of choosing to waive the statutory liability limits which would allow all claims to be covered by the higher liability limits of $1.6. The Administrator noted that if the City Council chose to waive its statutory limit of $600,000, the additional premium cost would amount to over $1,900 per year; and a recommendation was made to not waive the statutory limits. The Council also discussed the merits of increasing the excess liability coverage from $1,000,000 to a higher limit but felt that the protection provided by the state statutues limiting most claims to $600,000 should be adequate protection with an excess liability coverage of $1,000,000. As a result, motion was made by Dan Blonigen, seconded by Shirley Anderson, and unanimously carried to inform The League of Minnesota Cities Insurance Trust that the City did not wish to waive its statutory liability limit and to continue purchasing an excess liability coverage amount of $1,000,000. n. Council Minutes - 3/12/90 18. Consideration of request for one -day setup/3.2 beer license for Ducks Unlimited Banquet and one -day 3.2 beer license for July 1 Riverfest celebration - Lions Club. After discussion, motion was made by Fran Fair, seconded by Warren Smith, to approve the liquor licenses as requested. Motion carried unanimously. 19. Other matters. Council was informed by Roger Mack that the Lions Club is interested in assisting with development of a park shelter at Ellison Park. After discussion, it was the general consensus that the City would work cooperatively with the Lions Club toward development of such a shelter. It was suggested that City staff meet with the Lions Club and develop preliminary plans for the park shelter for further review by Council. Motion was made by Dan Blonigen, seconded by Shirley Anderson, to establish May 9 as the annual Board of Review meeting. Motion carried unanimously. Peg Zoccoli of the Elk River Builders Association requested that Counc i consider partipating in the Home Magazine which previews homes for sale in the northwest metro area. Council was informed that the cost to run a full page ad is $1,650. After discussion, it was the consensus of Council that there is not enough support for placement of an ad in this issue of the magazine; however, next year with support from local builders, there is a good chance that the City and the builders can work cooperatively toward development of a joint ad. A general discussion regarding the City's public nuisance ordinance developed. No action taken. There being no further discussion, the meeting adjourned. Respectfully submitted, v Jeff O'Neill Assistant Administrator