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City Council Minutes 10-15-1991MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Tuesday, October 15, 1991 - 7:00 p.m. Members Present: Ken Maus, Shirley Anderson, Brad Fyle, Clint Herbst, Dan Blonigen Members Absent: None 2. Approval of minutes. After discussion, a motion was made by Brad Fyle and seconded by Shirley Anderson to approve the minutes of the regular meeting held September 23, 1991, as submitted. Motion carried unanimously. 3. Citizens comments/petitions, requests, and complaints. None forthcoming. 4. Public Hearing --Consideration of a resolution for vacating a portion of the drainage and utility easement along the northern border of Lot 1, Block 1, Sandberg East. Applicant, Clint Herbst. Mayor Maus opened the public hearing. Assistant Administrator O'Neill explained that the request stems from a problem created with the original platting of the Sandberg East subdivision. At the time the plan was designed, it was in the township, and township design standards stipulated that the side yard lot lines along the perimeter of unplatted land requires establishment of a 20 -foot easement along the side yard. This requirement affected Lot 1, Block 1, of the Sandberg East subdivision. O'Neill went on to note that the 20 -foot easement requirement makes sense in a rural area, especially where there is no easement on the adjoining property to the north; however, in an urban area where lot sizes are smaller due to availability of sanitary sewer, the 20 -foot easement acts to encumber the property and limit ability to develop the site. O'Neill also informed Council that the City may ultimately need an easement running east and west in the area for use in conjunction with development of a storm water outlet serving the Meadow Oak storm water retention pond. He suggested that the City Council grant the request to vacate the easement contingent on the City acquiring additional easement at Page 1 Council Minutes - 10/15/91 another location in order to provide for the potential route for a storm sewer system that could possibly need to be developed in the area. Mayor Maus then closed the public hearing. After discussion, a motion was made by Shirley Anderson and seconded by Brad Fyle to adopt a resolution vacating a 14 -foot section of the drainage and utility easement along the northern border of Lot 1, Block 11 Sandberg East. Vacation is subject to City acquisition of an additional 10 -foot easement along the southern boundary of Lot 2, Block 1, Sandberg East subdivision. Voting in favor: Ken Maus, Shirley Anderson, Brad Fyle, Dan Blonigen. Abstaining: Clint Herbst. SEE RESOLUTION 91-34. 5. Consideration of reviewing the Housing and Redevelopment Tax Increment Financial Analysis as prepared by Business Development Services, Inc. Pat Pelstring of Business Development Services was present to describe the financial analysis that he prepared of the City of Monticello tax increment financing districts. Pelstring noted that the tax revenue needed to pay the TIF debt is sufficient and that there continues to be a surplus of TIF funds that could be used for redevelopment activity as deemed necessary by the HRA and City Council. Pelstring noted that funds available after payment of TIF debt, administrative expenses, and "pay-as-you-go" payments could approach $1.5 million over the next 20 years. Council reviewed the report; no action taken. 6. Consideration of a request to rezone Lot 1, Block 4, River Terrace, also known as West Side Market, from R-1 (single family) zoninq designation to B-1 (neighborhood business . Applicants, Tom Holthaus and Matt Holker. Assistant Administrator O'Neill informed Council that the owners of the West Side Market request that the City rezone the West Side Market from its present residential zoning designation to the B-1 (neighborhood commercial) zoning designation. The request for the rezoning stems from the desire of the applicants to operate under a zoning designation that is consistent with the business operation that is now in place. O'Neill went on to note that if the zoning ordinance amendment is allowed, the West Side Market is no longer considered a non -conforming use, which would allow the property owner to Page 2 Council Minutes - 10/15/91 fully utilize all the land area for commercial use as allowed in the B-1 zone. This would allow the existing facility to be enlarged significantly. In addition, the rezoning would allow the West Side Market to sell Christmas trees at the site. Under the present rules governing non -conforming uses, Christmas tree sales are not technically allowed at the site, as such outside sales could be construed as an enlargement or intensification of a non -conforming use. In his presentation, O'Neill informed Council that the Planning Commission recommended that the rezoning be denied based on the finding that the original zoning designation as R-1 was correct and changing the designation to a B-1 district would constitute spot zoning. Ed Solberg, resident living at 1204 Sandy Lane, expressed opposition to the rezoning request. He noted that the rezoning constitutes spot zoning. Tom Holthaus stated that his business must be able to compete with other convenience stores, and in order to do so, he needs to have the flexibility to use the site in a manner that allows him to achieve the highest business potential at the site. He also noted that the store has been a good neighbor, as it has eliminated all beer sales and adult magazines. Over 400 people use the convenience store per day. Clint Herbst stated that the West Side Market owners knew what they were getting into when they bought the property. They knew that enlargement of the facility would not be allowed in the R-1 district. They shouldn't be allowed to come back later and request the rezoning. Dan Blonigen disagreed with Herbst in stating that the property has no potential for residential use, and the property is being used as a neighborhood business center; therefore, it should be zoned as such. Shirley Anderson noted that she is in the middle and agrees to some degree with Dan. She noted that the original tavern that was converted to the market was there prior to development of residences. Ken Maus stated that the local neighborhood deserves a first- class convenience store; and in order to remain first class, the store needs to be able to compete with other businesses providing similar services. By allowing the rezoning to occur, the business is in a better position to remain competitive and more likely to remain an asset to the neighborhood. Page 3 Council Minutes - 10/15/91 Jon Bogart, a member of the Planning Commission, was in attendance. He suggested that the City somehow allow the property to be rezoned to B-1 but require restrictive covenants against the site which limit the enlargement of the store. Assistant Administrator O'Neill suggested that if Council is striving to seek a compromise which would allow the West Side Market to operate as a legal permitted use and at the same time regulate or apply conditions associated with enlargement of the site, then Council may wish to consider establishment of a convenience store as a conditional use in the B-1 zone. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to table consideration of rezoning the West Side Market site from R-1 to B-1 and to direct City staff to prepare an ordinance amendment allowing a convenience store to operate in a B-1 district as a conditional use only. Motion carried unanimously. A motion was made by Dan Blonigen and seconded by Shirley Anderson to allow Christmas tree sales to occur at the West Side Market during the upcoming Christmas season. Motion carried unanimously. 7: Review pilot study program and consideration of resident optional cart system garbage pickup. John Simola, Public Works Director, reported that in May of this year, City Council authorized a pilot program for garbage pickup utilizing the roll -around cart system in a section of the community. Simola reported that as a result of the pilot program, the City found that over half the residents in the study area wish to continue with the cart system on a rental basis. Seventy-nine percent (79%) to eighty-one percent (81%) of the respondents, even though some did not wish to rent the carts at this time, considered the cart system an improvement over the old system and that it enhanced the look of the neighborhood. Simola went on to recommend that City Council approve a resident optional cart system for the city authorizing the purchase of 222 carts from Zarn for a cost of $11,909. Under this alternative, the City would pick up carts on October 21 from those residents not wishing to continue. The City would clean them and make them available for other city residents. Under this alternative, the City would rent the carts to residents for $1.00 a month for the 65 -gallon and $1.25 a month for the 95 -gallon cart. This bill would be placed on Page 4 Council Minutes - 10/15/91 the utility billing system and billed on a quarterly basis. These rates allow the City to recapture the cost of the cart within 43 to 54 months and provide a full parts warranty or replacement. The rental system is preferred, as carts could be kept in a good state of repair, and the City could easier make changes in the system as the cart owner. Also, not every resident wishes to own a cart, especially rental housing units. Clint Herbst stated that he would prefer that the city residents have the option to buy or rent a cart. A representative from Zarn, manufacturer of the carts, noted that carts need to be owned by the City or the hauler. If the residents own the cart, then there is less likelihood that they will be adequately maintained over the long haul. Brad Fyle noted that the City is moving toward total automation of garbage pickup. This program is pushing in the right direction. After discussion, a motion was made by Shirley Anderson and seconded by Brad Fyle to approve a resident optional cart system for the City authorizing the purchase of the 222 carts from Zarn at a cost of $11,909. Motion carried unanimously. 8. Consideration of a resolution prohibiting construction of privately -owned wastewater treatment facilities for multiple residential developments. Rick Wolfsteller, City Administrator, reported that the City Council is being asked to consider adopting a resolution that clarifies the City's position in regard to allowing or prohibiting construction or expansion of privately -owned wastewater treatment facilities that service multiple family residential developments and/or mobile home park communities. This issue does not pertain to individual single family private sewer systems but relates to the development of wastewater treatment facilities with larger volumes that require Minnesota Pollution Control Agency disposal system permits. Wolfsteller went on to note that by adopting this resolution, the City Council is clarifying its position that the City will not support development of a private wastewater system that requires PCA permits when it is feasible to connect to the City's system. In taking a firm position on this matter, the City will provide the Pollution Control Agency with the Page 5 Council Minutes - 10/15/91 information it needs to act on any requests for development of private sewer and water systems that might come from area mobile home parks or other residential developments that might desire to develop their own on-site system. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to adopt a resolution prohibiting construction of privately -owned wastewater treatment facilities for multiple or residential developments. Motion carried unanimously. SEE RESOLUTION 91-35. 9. Consideration of approving plans and specifications and advertising for bids for traffic signal at the intersection of County State Aid Highway 75, CSAH 39 East, and CSAH 118. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to approve plans and specifications and advertising for bids for a traffic signal at the intersection of CSAH 75, CSAH 39 East, and CSAH 118. Included in the motion is approval of adding street directional signs at the intersection. Motion carried unanimously. 10. Consideration of appointment of Assistant Liquor Store Manager. Joe Hartman and Rick Wolfsteller reviewed the application process. It was noted that the advertisement for the position resulted in 31 applications for the job. Eight individuals were interviewed. Hartman went on to inform Council that Wanda Goenner is recommended for the position, as her references were excellent, and all her previous supervisors recommend her for the position. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to appoint Wanda Goenner to the position of Assistant Liquor Store Manager for Hi -way Liquors. Motion carried unanimously. 11. Consideration of approving specifications and advertising for bids for new snowplow truck to replace the 1981 Chevrolet snowplow truck. John Simola, Public Works Director, reviewed the need to replace the 1981 Chevrolet snowplow truck. He noted that at the last meeting the City Council authorized staff to utilize the 1981 Chevrolet truck to replace the 1972 International for the purpose of providing transportation for the sewer jet machine. Now that this has been completed, the City is one truck short of the four units that the City has used to plow Page 6 12. Council Minutes - 10/15/91 streets since 1978. Simola went on to add that since 1978, the City has added 8.4 miles of streets and 18 cul-de-sacs. Even with the additional increase in service area, City staff has achieved the goal of having the streets cleaned within an 8 -hour period of time. After discussion, a motion was made by Dan Blonigen and seconded by Shirley Anderson to approve specifications and advertising for bids for a new snowplow truck to replace the 1981 Chevrolet snowplow truck. Motion carried unanimously. Consideration of adopting a resolution authorizing preparation of Meadow Oak pond outlet feasibility study. Assistant Administrator O'Neill reported that at the previous meeting of the City Council, Council considered authorizing a feasibility study for the purpose of defining the extent of the problem associated with absence of a storm water outlet to the Meadow Oak pond and to determine alternative methods for providing an outlet to the pond. In response to this request, Council requested that the property owners affected by the proposed route of the storm water system be contacted to determine to what extent they would support placement of the system on their property. O'Neill reported that John Simola and Rick Wolfsteller have contacted affected property owners, and all have indicated an interest in allowing the storm water system to pass through their property with some conditions. Clint Herbst asked if ditch 33 remains a possibility for providing storm water outlet to the Meadow Oak pond. He noted that perhaps the City could invest money in development of this ditch rather than installation of a new outlet to the river. Pat Sawatzke was in attendance. He noted that under regulations governing ditch development in counties that landowners have governed the ditch, there is not much that the county can do to improve the ditch without a high degree of support from the local property owners. The county is simply not capable of legally authorizing improvement of ditch 33. Council was also informed that the cost to upgrade ditch 33 will cost significantly more than the cost to develop an alternative outlet to the Meadow Oak pond. Page 7 Council Minutes - 10/15/91 Brad Fyle stated that he feels that the City is jumping the gun in completing the feasibility study. He recognizes that some day we may need an outlet; but to develop a plan at this time is premature. Shirley Anderson asked if Briar Oakes creates additional storm water drainage that needs control, can they be assessed? John Simola noted that all benefiting property can be assessed. After discussion, a motion was made by Shirley Anderson and seconded by Dan Blonigen to adopt a resolution authorizing preparation of a Meadow Oak pond outlet feasibility study at an estimated cost of $3,500. Voting in favor: Dan Blonigen, Clint Herbst, Shirley Anderson, Ken Maus. Opposed: Brad Fyle. SEE RESOLUTION 91-36. 13. Consideration of a request to amend Section 3-2 B 5 of the Monticello Zoning Ordinance by replacing the phrase "in the R-1 (single family residential) and R-2 (single and two-family residential) districts" with the phrase "all residential zoning districts." Assistant Administrator O'Neill informed Council that the Planning Commission had recommended that Council approve the proposed ordinance amendment which modifies language recently adopted that required that a two -car garage (400 sq ft) be developed with each single family house in the R-1 and R-2 zones. The original amendment is lacking because there is no reference made in the amendment to the two -car garage in the PUD or R-3 zones, even though the original intent of the ordinance amendment was to require garages to be constructed in these zones as well. O'Neill reported that the Planning Commission recommended approval of the amendment based on the finding that it was the original intent of the ordinance to apply the two -car garage requirement to all residential zones. After discussion, a motion was made by Clint Herbst and seconded by Shirley Anderson to adopt the proposed ordinance amendment based on the finding that the proposed language is consistent with the intent and finding established by the Planning Commission and City Council during previous consideration of the two -car garage requirement approved in July of 1991. Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 213. Page 8 Council Minutes - 10/15/91 14. Consideration of authorizing the receptionist to complete Council minutes under supervision of the Assistant Administrator. Administrator Wolfsteller requested that Council consider allowing the receptionist to complete the Council minutes under supervision of the Assistant Administrator. Wolfsteller noted that there will be a slight additional cost associated with this change, as the receptionist will need to be paid time -and -a -half for attending the Council meetings. Ken Maus noted that he appreciates the willingness of the receptionist to become involved in completion of the meeting minutes; however, he is not certain that this position should be completing the meeting minutes in lieu of the Assistant City Administrator completing the minutes. It was his view that the task might be more efficiently done by the Executive Secretary, as she is the person that is responsible for typing the completed minutes. After discussion, no action was taken on this matter. There being no further discussion, the meeting was adjourned. Jeff O'Neill Assistant City Administrator Page 9