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City Council Minutes 04-09-1990MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, April 9, 1990 - 7:00 p.m. Members Present: Ken Maus, Fran Fair, Warren Smith, Shirley Anderson, Dan Blonigen Members Absent: None 2. Approval of minutes. In item #4, the motion was amended as follows: Motion was made by Fran Fair, seconded by Shirley Anderson, to of firm the approval and adoption of the TIF plans relating to Redevelopment Plan No. 1, modification of TIF Redevelopment District Plan No. 1-1 through 1-8, and establishment of TIF Districts 1-9 and 1-11. Motion carried unanimously. Item #11 should be amended to include Dan Blonigen voting in favor of the proposed amendment to the public nuisance ordinance. Motion was then made by Dan Blonigen, seconded by Shirley Anderson, to approve the meeting minutes as corrected. Motion carried unanimously. 3. Citizens comments/petitions, requests, and complaints. None forthcoming. 4. 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 (Remmele TIF plan). Mayor Maus opened the public hearing. Larry Griffith, representing Remmele Engineering, reported to Council that progress has been made on acquisition of the property now owned by Jim Boyle and needed as part of the development. Griffith could not report, however, that the property is in hand at this time. However, a verbal agreement has been reached, and it appears that with the completion of the necessary paperwork, the transaction should be complete in the very near future. Griffith was confident that the Page 1 Council Minutes - 4/9/90 transaction will occur. Griffith went on to ask that the Council take action to modify and adopt the TIF plan as proposed and approve the preliminary plat and then table the consideration of vacating Fallon Avenue street and utilities until the land transaction has occurred. Pat Pelstring explained why the tax increment financing plan was changed from a redevelopment district to an economic development district. Pelstring informed Council that there was a concern that although the project qualified technically as a redevelopment project, it may in reality not meet the spirit of the goals of a redevelopment project and might more aptly be assigned economic development district status. Changing the project designation from redevelopment to economic development district status reduces the City's ability to utilize excess increments for future public improvements in the area. There being no comments from the public, the public hearing was closed. After discussion, a motion was made by Fran Fair, seconded by Shirley Anderson, 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 and modification of the tax increment financing plans relating to the Tax Increment Financing District Nos. 1-1 through 1-9, and the establishment of Tax Increment Financing District 1-10, all located within Redevelopment Project No. 1, and the approval and adoption of the tax increment financing plan relating thereto. Motion carried unanimously. SEE RESOLUTION 90-13. 5. Consideration of approving preliminary and final plat--Remmele Addition. After discussion, motion was made by Shirley Anderson, seconded by Dan Blonigen, to approve the preliminary plat of the Remmele Addition with final plat approval to be considered at a subsequent meeting. Motion carried unanimously. 5a. 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. There being no comments from the public, the public hearing was closed. Page 2 Council Minutes - 4/9/90 Motion was made by Shirley Anderson, seconded by Dan Blonigen, to table the decision to vacate Fallon Avenue between Chelsea Road and I-94 and table consideration of vacation of associated utility easements. Motion carried unanimously. Motion was made by Dan Blonigen, seconded by Warren Smith, to agree to purchase the Remmele Addition Outlot B at the same purchase price that Remmele pays for the land purchased by Jim Boyle. Motion carried unanimously. 6. Consideration of a conditional use request to allow a car wash in a PZM zone. Applicant, Dean Hoglund and Ken Schwartz. Assistant Administrator O'Neill reviewed the site plan which calls for development of a four -bay car wash in a PZM zone. O'Neill reviewed the Planning Commission's recommendation that the conditional use permit be granted subject to conditions listed by ordinance and subject to additional conditions. After discussion, a motion was made by Fran Fair, seconded by Shirley Anderson, to grant the conditional use permit as requested subject to the following conditions: 1. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 2. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the City Engineer. 3. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 3, Section 2 [G], of this ordinance. 4. Each light standard island and all islands in the parking lot landscaped or covered. 5. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2 [G], of this ordinance. Page 3 Council Minutes - 4/9/90 6. The entire area other than occupied by the buildings or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer. 7. The entire area shall have a drainage system which is subject to the approval of the City Engineer. 8. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 9. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement, and shall be subject to the approval of the City Engineer. 10. All signing and informational or visual communication devices shall be in compliance with Chapter 3, Section 9, of this ordinance. 11. Provisions are made to control and reduce noise. 12. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. 13. Car wash facility shall have direct access to major thoroughfare via driveway or frontage road. 14. Intermittent sounds produced by car wash operation such as the sound of a vacuum or warning signal shall not be audible to users of adjoining PZM or residential properties. 15. Carwash bay doors facing residential areas must be closed during all car wash phases. 16. Hours of operation shall fall within the hours of 6:00 AM to 10:00 PM. Page 4 Council Minutes - 4/9/90 17. A screening fence and/or landscape plantings shall be established in the area between the end of the existing garage and the corner of the property in a manner that will properly screen the car wash activity from the residential area. Staff to work with developer toward finalizing the screening requirement. 18. A parking island delineator shall be installed in conjunction with the future commercial development of the adjoining parcel to the west of the car wash site. In the interim, a fence shall be installed along the property line, thereby eliminating access to the adjoining parcel. Motion based on the finding that the development is consistent with the geography and character of the area, and the conditions as listed will serve to mitigate a negative impact on adjoining residential and commercial properties. Motion carried unanimously. 7. Consideration of a resolution approving plans and specifications and authorizing advertisement for bids --Meadows Second Addition, phase II. After discussion, motion was made by Warren Smith, seconded by Dan Blonigen, to adopt said resolution. Motion carried unanimously. SEE RESOLUTION 90-14. 8. Consideration of a resolution establishing Minnesota Earth Day 1990. After discussion, motion was made by Fran Fair, seconded by Warren Smith, to adopt a resolution establishing Minnesota Earth Day 1990 and direct staff to send invitations to organizations that may want to get involved in a river cleanup project. Staff should indicate to organizations that the City will provide dump trucks and will pay for garbage hauling costs associated with any river cleanup. Motion carried unanimously. SEE RESOLUTION 90-15. 9. Consideration of adopting personnel policy and procedural manual. City Council reviewed the changes made to the first draft of the personnel policy and procedural manual. After discussion, motion was made by Shirley Anderson, seconded by Dan Blonigen, to adopt the new personnel policy and procedural manual as modified. Motion carried unanimously. Page 5 Council Minutes - 4/9/90 10. Consideration of ratifying library board appointment. After discussion, motion was made by Fran Fair, seconded by Warren Smith, to ratify the appointment of Rebecca Tesinski to fill the vacancy on the library board for a. three-year term. Motion carried unanimously. 11. Consideration of turn back or sale of excess right-of-way along the service drive of East County Road 39. John Simola presented information regarding turn back of unneeded right of way along the new service drive, or Old County Road 39, near the Riverroad Plaza. John stated that according to an agreement with Curt and Annamae Hoglund, the City would turn back at no cost to them the unneeded right-of- way along Lots 5 and 6 of MacArlund Plaza this included approximately five feet of right-of-way, but also included the major portion of the old site distance of County Road 39 on which the propane tank for the Riverroad Plaza is currently located. John also presented options for the turn back or sale of unneeded right of way along the remaining portions of the service drive. * i After discussion of the options, a motion way made by Fran Fair to turn back the five feet of unneeded right of way between Lot 5 of MacArlund Plaza and Lot 19 of the Hoglund Addition at cost of transfer if the adjoining wish to have the additional right-of-way. For the remaining Lots, 1-4, and 19 of Hoglund Addition, the property would be offered for sale at a cost of 25 cents per square foot to a single purchaser or individual purchasers providing all pieces were purchased. The buyer would pay for the cost of transfer. The motion was seconded by Shirley Anderson and the motion passed unanimously. John Simola was instructed to contact the affected property owners individually or through a neighborhood meeting. 12. Consideration of shelter for Ellison Park. Council discussed the potential location of the proposed shelter. After discussion, motion was made by Fran Fair, seconded by Warren Smith, to locate the structure at or near the present location of the merry-go-round. Voting in favor of the motion: Fran Fair, Warren Smith, Dan Blonigen, Ken Maus. Opposed: Shirley Anderson. Anderson indicated support for the shelter. She noted that she preferred that the shelter be located closer to the parking area. At this point, Council discussed shelter design issues. Page 6 Council Minutes - 4/9/90 After discussion, the consensus was to focus on development of a plan utilizing the log design. Final design approval will be made after development and review of more detailed drawings and sketches. 13. Consideration of ordinance amendment --public nuisance. City Administrator, Rick Wolfsteller, requested that Council consider amendments to the public nuisance ordinance that would eliminate confusing language in our present ordinance. Wolfsteller noted that the basic conflicting language can be found in 7-1-1 (H) which had indicated that property owners had 14 days to correct violations. An additional ordinance amendment adopted in 1989 under Section 7-1-41 Enforcement, conflicts by allowing only 7 days to correct violations which was intended to pertain to weeds and grass abatement. In order to simplify the ordinance, it is recommended that the ordinance amendment be adopted that would eliminate Section 7-1-1 ( H ) and amend the enforcement section to specify that 7 days is the time allowed to correct any deficiencies concerning grass and weed abatement and 10 days for all other violations of the public nuisance ordinance. In a related matter, Council and staff discussed the value of sending notices to public nuisance ordinance violators via regular mail versus certified mail. It was the consensus of Council to refer this matter to the City Attorney and follow his advice regarding this issue. It was Ken Maus's concern that sending a notice via uncertified mail allows the violator to simply claim that he never received the notice. It may be wise to send all public nuisance violation notices via certified mail. After discussion, motion was made by Dan Blonigen, seconded by Shirley Anderson, to adopt the ordinance amendment as proposed. Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 185. 14. Update on hiring City Inspector. John Simola reported that staff has re -advertised for the City Inspector position with a closing date of April 17, 1990, to coincide with the deadline date of the advertisement for the Water/Wastewater Collection System Operator position. Simola noted to Council that the applicants for the position of City Inspector did not possess qualifications that matched the demands of the position; therefore, the position opening was re -advertised. Page 7 Council Minutes - 4/9/90 Assistant Administrator O'Neill submitted a summary of the meeting held with the Balboul Estates, Anders Wilhelm Estates, and Meadows residents on Monday, April 2, 1990. O'Neill reviewed the various items that concerned the area residents and outlined the list of potential corrective actions designed to improve the situation. O'Neill went on to report to Council that a follow-up meeting will be held in 90 days to determine to what degree the corrective action has made an impact on the situation. City Council discussed the Pinewood Elementary School playground project. Administrator Wolfsteller noted that the committee organizing the play structure development effort requested that Council consider waiving the normal building permit fee of approximately $900. After discussion, motion was made by Warren Smith, seconded by Fran Fair, to waive the normal fee. Voting in favor of the motion: Warren Smith, Fran Fair, Shirley Anderson, Ken Maus. Opposed: Dan Blonigen. Administrator Wolfsteller and 011ie Koropchak submitted information regarding the first Greater Monticello Enterprise Fund loan. Wolfsteller noted that Council has 21 days to overrule the action taken by the Economic Development Authority to approve the proposed $100,000 companion direct loan to Tappers, Inc. Wolfsteller went on to inform Council that the loan proposal met the guidelines of the Greater Monticello Enterprise Fund because 1) Tappers, Inc., is a credit worthy business that will create new jobs; 2) it is a credit worthy business that increases the community tax base by $27,000; 3) it is assistance to an existing industrial business expanding and relocating their operation to Monticello; 4) the loan provides gap funding. The project would not proceed without GMEF funding; 5) it provides funds for economic development that could be used to assist in obtaining other funds such as Small Business Administration loans and federal and state grants. There being no further discussion, meeting adjourned. Jef-f --'0 LINeill Assistant Administrator Page 8