City Council Minutes 11-25-1991MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, November 25, 1991 - 7:00 p.m.
Members Present: Ken Maus, Shirley Anderson, Clint Herbst, Brad
Fyle, Dan Blonigen
Members Absent: None
2. Approval of minutes.
Brad Fyle requested clarification to the conditions under
which the City would amend the development agreement allowing
occupancy of homes prior to the streets being completed.
Following are the updated conditions:
1. Contractor shall be responsible for restoring the
streets in the spring so that the curb and gutter
and bituminous surface can be installed properly.
2. Any additional blading work for removal of
contaminated material shall be at the contractor's
expense.
3. The City expects that the prices as bid will be
kept in place for the 1992 construction season.
LaTour Construction Company understands that the
warranty for the project does not begin for any
portion of the individual projects until the entire
project is accepted by the City.
4. LaTour Construction Company will lower any iron
located on the gravel portion of the street as
necessary to prevent damage during the winter
snowplow season.
5. LaTour Construction Company will agree to cover the
cost to repair possible damage to City equipment
during snow clearing operations.
6. LaTour Construction Company shall have 48 hours to
prepare any problems with the gravel streets. If
the problem is not corrected in that time, the City
reserves the right to repair the problem and bill
LaTour for the cost.
After discussion, a motion was made by Shirley Anderson and
seconded by Dan Blonigen to approve the minutes of the meeting
held November 12, 1991, with corrections made to item #8.
Motion carried unanimously.
3. Citizens comments/petitions, requests, and complaints.
None forthcoming.
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4. Public hearing on adoption of 1992 budget and consideration of
a resolution setting the 1992 tax levy.
Mayor Maus opened the public hearing on the 1992 budget and
resulting tax levy.
Glen Ertl, owner and operator of apartment units in the city,
was present to discuss his concern that property taxes in the
community are increasing faster than his ability to pay. He
noted that apartment buildings are taxed at a very high rate.
This comes at a time when vacancy rates are relatively high.
He noted his concern that the cost to operate apartment
buildings is becoming a losing proposition.
Ken Maus thanked Earl for his comments and noted that the
City's portion of the increase in the overall property tax is
very small. Last year the City's increase was 4%, and the
1992 increase is proposed to be 1.5%. Maus also noted that
the City portion of the total property tax bill is only 18% of
the property tax. Maus went on to ask Earl if he intends on
attending the budget hearings conducted by the school district
and county to discuss his concerns over the property tax.
Earl indicated that he will be attending those public hearings
as well.
At this point in the meeting, Ken Maus closed the public
hearing.
After discussion, a motion was made by Brad Fyle and seconded
by Dan Blonigen to adopt a resolution adopting the 1992 budget
and setting the tax levy at the following sums for the
respective purposes:
REVENUE
General
$1,499,653
Library
29,236
OAA
30,625
HRA
13,075
Tree
27,375
Transportation
17,688
DEBT RETIREMENT
Debt Service Fund
981,907
CAPITAL IMPROVEMENTS
Capital Imp. Revolving
191,704
TOTAL TAX LEVY $2,791,263
Motion carried unanimously.
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5. Consideration of a zoning ordinance amendment modifying the
B-1 (neiqhborhood commercial) zoning district regulations by
eliminating convenience store and laundromat uses as permitted
uses and instead allowing said uses as conditional uses in the
B-1 zone.
Assistant Administrator O'Neill reviewed the history behind
the development of the proposed ordinance amendment. He
recalled that the Planning Commission had voted in October to
recommend denial of the West Side Market's request to rezone
the site from R-1 to B-1 zoning designation. The
recommendation for denial was based on the finding that the
rezoning would constitute spot zoning.
In turn, on October 15, 1991, the City Council considered the
rezoning request and developed an alternative which represents
a compromise between the owner's desire to more freely use his
land for commercial use and the desire of the local residents
to limit the size of the operation. The idea, which is the
basis of the proposed ordinance amendment, consists of
amending the zoning ordinance by allowing convenience stores
and laundromats to operate on a limited basis as a conditional
use in the B-1 zone.
O'Neill went on to describe the proposed ordinance amendment,
which includes conditions under which a convenience
store/laundromat could operate in a B-1 zone. O'Neill
finished by saying that the amendment makes sense in that the
B-1 zoning district as a neighborhood commercial zone and
associated commercial activity is bound to create or result in
conflicts between business and residential uses. The
conditional use permit requirement for convenience store and
laundromat uses as proposed serves to provide the City with
the ability to manage and control such conflicts between
residential and convenience store/laundromat uses.
Council then discussed the proposed ordinance amendment.
After discussion, a motion was made by Brad Fyle and seconded
by Clint Herbst to recommend approval of the zoning ordinance
amendment including convenience stores and laundromat uses as
conditional uses in the B-1 zone and adopt conditions as noted
by the proposed ordinance with the inclusion of condition 13,
which requires that only one gas dispenser is allowed per 400
sq ft of retail floor area, with total dispensers not to
exceed four. Motion is based on the finding that allowing
convenience stores to operate under the conditional use permit
process in the B-1 zone can serve to protect the character of
adjoining residential areas and thereby assist in maintaining
residential property values. Voting in favor: Clint Herbst,
Brad Fyle, Ken Maus, Shirley Anderson. Opposed: Dan
Blonigen. SEE ORDINANCE AMENDMENT NO. 216.
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6. Consideration of a request to rezone Lot 1, Block 4, River
Terrace, also known as West Side Market, from R-1 (single
family residential) zoning designation to B-1 (neighborhood
business). Applicants, Tom Holthaus and Matt Holker.
O'Neill noted that the City Council had tabled consideration
of this rezoning request pending potential development of a
conditional use permit allowing convenience stores and
laundromats to operate as conditional uses in the B-1 zone.
Now that consideration of this matter is complete, Council can
now consider the matter of the actual rezoning of the West
Side Market site. O'Neill went on to note that just because
the Council provided for allowing convenience stores to
operate as a conditional use in the B-1 zone, this does not
mean that Council must automatically approve the West side
Market rezoning request.
Ken Maus stated that it was his view that the rezoning did
make some sense. It was his hope that the conditional use
permit placed enough restrictions on the property to allow the
neighborhood to feel comfortable with the commercial operation
and at the same time provide the property owners with the
flexibility to maintain a high-grade business.
Council discussed the matter at length.
Candy Johnson spoke against the rezoning request. She noted
that the Planning Commission had turned it down twice, the
applicants knew the limitations of the property, the rezoning
could be a foot in the door for other commercial rezoning
requests, and the rezoning is not consistent with the
surrounding neighborhood, as the business is met to draw
people from a larger area. Johnson suggested that there is no
demonstrated need for the rezoning, as there are 400 customers
today, and the store can operate successfully without
expansion.
Assistant Administrator O'Neill noted that the City Council
cannot legally base a rezoning decision on whether or not the
applicants knew the limitations of the property, nor can it
make a decision based on a fear that the rezoning would be a
foot in the door for other rezoning requests. These are not
valid criteria. The other reasons for denying rezoning as
noted by Johnson are based on valid criteria when considering
a rezoning request.
Clint Herbst noted that he's concerned about the close
proximity of the driveway access to the intersection of Otter
Creek Road and Highway 75. It was his view that it is the
responsibility of the property owner to correct this situation
and that the City should not have to resort to development of
a conditional use permit process that would provide leverage
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to get the developer to move the access point as a condition
of any expansion to the site. The owners of the West Side
Market should move this access point on their own accord.
Shirley Anderson noted she is torn on this issue, but she has
to be more concerned for the homeowners. It was her opinion
that the residential property neighboring the convenience
store could be diminished by the store's expansion. This is
one of the primary factors in considering a rezoning request.
After discussion, a motion was made by Dan Blonigen to approve
the request to rezone the West Side Market property from the
R-1 zone to the B-1 zone. Motion died for lack of a second.
A motion was made by Clint Herbst and seconded by Brad Fyle to
deny the proposed rezoning request based on the finding that
the original zoning map was correct in establishing an R-1
zoning designation at the site, rezoning the site to B-1 would
amount to spot zoning, the geography and character of the
adjoining area is residential in nature, and the presence of
commercial activity and associated traffic at this location
will tend to depreciate adjoining residential land values.
Voting in favor: Ken Maus, Shirley Anderson, Brad Fyle, Clint
Herbst. Opposed: Dan Blonigen.
7. Consideration of a request to rezone the easterly 9.7 acres of
Auditors Subdivision, Lot 17, from B-3 (highway business) to
a combination of PZM (performance zone mixed) and B-2 (limited
business). Applicant, Evangelical Covenant Church.
Assistant Administrator O'Neill reported that at the October
meeting of the Planning Commission, the Evangelical Covenant
Church requested that the City rezone a 9.7 -acre parcel of
land located at the northwest quadrant of the intersection of
County Road 118 and Chelsea Road. The church requested that
the site be rezoned from B-3 (highway commercial) to PZM
(performance zone mixed). The Planning Commission held a
public hearing on the matter and made the recommendation that
the rezoning request be denied. The denial was based on the
finding that although the proposed site would be an excellent
location for a church, the need for the rezoning was not
demonstrated, as there are other areas nearby where a church
could be developed in accordance with the present zoning map.
In addition, the commercial uses displaced by the church use
could not be relocated without encroaching on residential
areas. O'Neill reported that this rezoning request never went
before the City Council because the church withdrew their
request after Planning Commission denial.
O'Neill went on to report that in response to the Planning
Commission's decision, the church withdrew the original
request and submitted a new modified rezoning request. The
new proposal calls for subdividing the 9.7 -acre parcel into
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Council Minutes - 11/25/91
two parcels, both of which remain under the ownership of the
church. Development of the church would occur on a 5 -acre
parcel located approximately 450 feet east of the intersection
of Chelsea Road and County Road 118. The remaining parcel on
the corner would be approximately 4.7 acres in size and would
remain zoned for commercial use.
O'Neill went on to note that in response to the new proposal,
the Planning Commission again recommended denial based on the
findings that commercial uses displaced by the church cannot
be relocated nearby without encroachment on residential areas;
development of a church imbedded between commercial and
industrial uses is not desirable; the best use for the
property is for commercial use because of proximity to the
freeway and due to its separation from residential uses; the
B-3 property remaining at the corner of 118 and Chelsea (4.7
acres) after the rezoning is an insufficient area to satisfy
long-term demand for commercial land in the area; and the need
for the rezoning has not been sufficiently demonstrated, as
other land is available for this type of use.
O'Neill went on to note that the Planning Commission's finding
was based on information from the City Planner. The Planner
indicated that the original area designated for commercial
use, the Chelsea Corridor Planning Study (16.7 acres), is
proper given the size of the residential and industrial areas
located south of the freeway that will be served by this
commercial district.
Jim Haglund of the Evangelical Covenant Church was present to
review his rezoning request in more detail. Haglund noted
that the proposed location for the church is excellent because
vehicular access to the site is good. In addition, locating
a church in a commercial area is not quite as unusual as the
Planning Commission might have thought. More and more,
churches are located on the fringes or actually imbedded in
commercial areas. Haglund noted that in Buffalo there is an
Evangelical Covenant Church across from the medical building
next to Walmart. In Maple Grove, there is a church next to a
Super America. In addition, it was his view that placing a
church next to the school facility also made sense. Finally,
Haglund noted that from an economic standpoint, this is a fine
location for the church because the site is prepared and ready
for a church with utilities in place at this time.
Mick Scott, the pastor of the Evangical Covenant Church, noted
that Monticello was selected for the site of the church
because it is conservative and progressive at the same time,
there are other good churches in the community, and 40% of the
population is non-churched. In many ways, the demographics
make Monticello a good place to grow a church.
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Council Minutes - 11/25/91
Ken Maus stated that he could see the church develop there;
however, he would like to see more commercial area preserved
than the 4.7 acres suggested.
Brad Fyle also suggested that the commercial area should be
preserved.
After discussion, a motion was made by Shirley Anderson and
seconded by Brad Fyle to deny the rezoning request based on
the following findings:
1. Commercial uses displaced by the church cannot be
relocated without encroachment on residential
areas.
2. Development of a church imbedded between commercial
and industrial uses is not desirable.
3. The best use for the property is for commercial use
because of proximity to the freeway and due to its
separation from residential uses.
4. The B-3 property remaining at the corner (4.7
acres) after the rezoning is insufficient to
satisfy long-term demand for commercial land in the
area.
5. The need for rezoning has not been sufficiently
demonstrated, as other land is available for this
type of use.
Motion carried unanimously.
At this point in the meeting, Council discussed a potential
alternative site. It became the consensus of Council that
Council would consider taking a fresh look at an alternative
site approximately 200 feet west of the site proposed under
the previous agenda item. This would create additional
commercial area at the corner of Chelsea and 118.
Shirley Anderson noted that she does not think that moving the
church farther west on Chelsea is the answer.
After discussion, a motion was made by Clint Herbst and
seconded by Dan Blonigen to further study and consider a
rezoning request submitted by the church which would
essentially move the proposed church site 200 feet west on
Chelsea thereby creating a commercial area at the corner of
118 and Chelsea of approximately 6.2 acres. Voting in favor:
Dan Blonigen, Clint Herbst, Brad Fyle, Ken Maus. Opposed:
Shirley Anderson.
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Consideration of a replacement of power band saw for the
public works shop.
John Simola reported that the metal cutting band saw or power
hack saw at the public works shop is a small, 4" x 6" non -
precision home handyman type of saw. Simola asked that this
unit be replaced with a larger 7" x 12" horizontal/vertical
commercial type of saw capable of consistent accurate cuts.
Such a saw would be a time saver in not having to cut the same
piece of metal two or three times or doing extensive grinding
to straighten out a crooked cut. In addition, it would give
us much greater flexibility in having a larger capacity. In
preparation for purchase of this item, we placed an amount of
$1,700 in the 1991 budget based upon quotes we had obtained in
the summer of 1990.
Council discussed whether or not this type of saw is
necessary.
Shirley Anderson noted that it does not make sense to farm out
work for others to do when it can be done more efficiently and
less expensively in your own shop. It was her view that it
makes sense to spend $2,000 to purchase the tool necessary to
do the job efficiently.
After discussion, a motion was made by Shirley Anderson and
seconded by Clint Herbst to authorize the purchase of the
Model 1500 Ellis saw from Gladwin for $2,295 after specific
review and approval by Councilmember Blonigen. Voting in
favor of the motion: Dan Blonigen, Shirley Anderson, Ken
Maus, Clint Herbst. Opposed: Brad Fyle.
Consideration of purchase of automatic control for water
system using old tower.
John Simola reported that when the new control system was
built for the water system, it incorporated the ability to
monitor pressure or tower levels at two different locations.
one would be at the new water tank on top of the Monte Club
Hill. The other would be at a downtown pressure zone for the
old tower level. Now that the City has decided to keep the
old tower and use it during emergency periods or for periods
when the new tank is taken down for maintenance or repairs, we
would like to have a new level sending unit installed at the
old tower site downtown so that we may use all of the
automatic functions of our new system with the old tower. In
the 1992 budget, we placed an amount of $4,500 for necessary
improvements to our system for automatic control of the old
tower. We have a quote from Automatic Systems for the new
control system at $3,592. The entire project should not
exceed the budgeted amount.
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The City Council discussed whether or not the automatic
controls are absolutely necessary. John Simola noted that
although the automatic control for the water system using the
old tower will not be used more than two weeks per year, it
takes advantage of the considerable investment the City made
in developing its automatic system.
Dan Blonigen asked how many man-hours would be tied up in
checking the tower if the automatic control system was not in
place. He noted that it might be less expensive to pay the
extra man-hours than it would be to pay for the control
system.
After discussion, a motion was made by Brad Fyle and seconded
by Shirley Anderson to authorize an expenditure of $4,500 to
provide automatic control of the old tower when it is being
used for emergencies or backup during maintenance or repairs
to our new tank. Voting in favor: Brad Fyle, Shirley
Anderson, Ken Maus, Clint Herbst. Opposed: Dan Blonigen.
John Simola noted that the old water tower needs to be painted
soon, and he suggested that a subcommittee be formed to
establish the color scheme.
It was noted by Ken Maus that perhaps the City would want to
place its logo on the water tower.
After discussion, it was the consensus of Council to establish
a water tower painting committee. Shirley Anderson and Ken
Maus volunteered to serve on the committee.
10. Consideration of purchasinq 79 extra 65 -gallon carts for the
garbage program.
John Simola recommended that the City Council authorize
purchase of the additional 79 moca brown and black 65 -gallon
carts from ABM Equipment and Supply, which would result in
approximately an $800 savings to the City of Monticello.
Should cart prices increase with future purchases, this would
allow us to keep the current rates at $1.00/$1.25 per month
for longer in the future.
After discussion, a motion was made by Clint Herbst and
seconded by Dan Blonigen to authorize the purchase of 79 extra
65 -gallon moca brown and black carts from ABM Equipment and
Supply, Inc., from the Zarn distributor in Hopkins, Minnesota,
at a cost of $44.75 or $3,535.25, with an estimated total
savings to the City in the neighorhood of $800. Motion
carried unanimously.
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11. Consideration of a request for an extension of the completion
_date for the sanitary sewer hookup of West Kjellbergs Mobile
Home Park.
Rick Wolfsteller reported that for almost a year, City staff
has been working with Kent Kjellberg, owner of the West
Kjellbergs Mobile Home Park, in regard to his request to hook
the park to our sanitary sewer system. Earlier the City
Council had adopted a resolution which accepted his petition
for annexation of the west mobile home park whereby the City
agreed, along with Monticello Township, to submit a joint
resolution for annexation provided the sanitary sewer
connection was completed by December 31, 1991. Mr. Kjellberg
has not met the scheduled time lines for completion of the
approved set of plans and specifications which were required
by June 1. He only recently submitted his plans for review in
late October, and they were woefully inadequate.
As part of the joint annexation resolution whereby the City
agreed to annex the property once it was connected to the city
sewer, we also agreed to a number of concessions in an effort
to make the sewer connection more feasible for Mr. Kjellberg.
The normal hookup charge is based on an estimated $125 per
mobile home rather than our normal $300 per unit charge. We
agreed to finance the hookup charge over five years at 6.5%.
These favorable terms were agreed upon realizing that the
hookup charge would be in the neighborhood of $25,000. Since
that time, it has become more apparent that the east mobile
home park, which has been in the city since 1988, may not
receive sanitary sewer in the foreseeable future. It may be
time for the City to re-examine its position regarding
annexation of the west mobile home park until such time as the
east mobile home park is connected to city sewer.
John Simola explained that there is absolutely no economic
reason to promote annexation of the west park. Since
Kjellberg did not meet the deadlines for connecting his sewer
system, then the original west park agreement should be
renegotiated.
Ken Maus noted that we may also need to redefine the agreement
governing the Evergreens development.
After discussion, a motion was made by Shirley Anderson and
seconded by Dan Blonigen to consider changing the terms and
conditions of annexation and consider amending conditions
associated with the hookup of the west mobile home park to be
reconsidered after December 31, 1991, if the hookup is not
completed. Motion carried unanimously.
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A motion was made by Dan Blonigen and seconded by Shirley
Anderson to direct staff to investigate the means by which the
City can withdraw from the Evergreens development agreement
established in 1988. Voting in favor: Dan Blonigen, Shirley
Anderson, Ken Maus, Clint Herbst. Opposed: Brad Fyle.
There being no further discussion, the meeting was adjourned.
J ff O'Neill
Assistant Administrator
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