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City Council Minutes 12-12-1994 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, December 12, 1994 - 7 p.m. Members Present: Brad Fyle, Clint Herbst, Shirley Anderson, Warren Smith, Dan Blonigen Members Absent: None 2. A roval of minutes of the re lar meetin held November 28 1994 and the special meeting held December 7, 1994. Economic Development Director Ollie Koropchak requested that the following statement be added to the last sentence on page 3 of the November 28 minutes: "and execution of the private redevelopment contract." After discussion, a motion was made by Warren Smith and seconded by Shirley Anderson to approve the minutes of the meeting held November 28, 7.994, as amended. Motion carried unanimously. 1 After discussion, a motion was made by Warren Smith and seconded by Shirley Anderson tv approve the minutes of the special meeting held December 7, 1994, as presented. Voting in favor: Brad Fyle, Shirley Anderson, Warren Smith, Dan Blonigen. Abstaining: Clint Herbst. 3. Consideration of addin~_items_ to the agenda. It was the consensus of Council to add these items to the agenda. A. Consideration of authorizing City Engineer to complete an Environmental Assessment Worksheet EAW associated with the HIein Farms development. 0 Assistant Administrator O'Neill reported that due to the size of the HIein Farms subdivision, it is necessary to complete an environmental assessment worksheet, which identifies environmental impacts resulting from the development. After publication of the development notice and comment period, the City Council will be asked to consider making a negative declaration of environmental impact. In addition, final plat approval is contingent on completion of an EAW. O'Neill went on to report that the City Engineer proposes to split the expense of the EAW with the developer because the extension of the trunk sewer line by the City also creates the need for an EAW. He Page 1 ~,.. Council Minutes - ]2/12/94 noted that the City's portion of the cost could be funded through the trunk sewer fund. City Engineer Bret Weiss added that the trunk sewer line will serve other properties in addition to the HIein Farms subdivision and that this EAW will cover further development in this area as well. It was the view of Cauncilmembers Herbst and Blonigen that it is the responsibility of the developer to pay for the entire cost of the EAW if they want to develop the property. Assistant Administrator O'Neill suggested that Council consider authorizing the EAW if the developer first deposited with the City funds equal to the cost of the study, including the cost to complete the City's share of the EAW. If the project proceeds, the Council cauld then reimburse the developer the City's share of the EAW cast. After discussion, a motion was made by Shirley Anderson and seconded by Warren Smith to authorize completion of the EAW as requested contingent on the developer providing the City with a deposit in an amount equal to the cost of the study, with the City refunding 25% of the cost (City's share) at the time a development agreement is executed for the HIein Farms development. Voting in favor: Shirley Anderson, Warren Smith, Brad Fyle, Dan Blonigen. Opposed: Clint Herbst. B. onaid ration of a ~ horizine feacibLty atn{~y for p +h~ lie improvements HRAO ~ } d R^ ~1 h Klein F rms tt h 'vision nd S hool Bo ~l v rd. Assistant Administrator O'Neill reported that Council is asked to consider authorizing the City Engineer to complete a feasibility study which would outline the design and cost of public improvements supporting the HIein Farms subdivision and would also include an analysis of the cost to complete School Boulevard. The project would be completed as a City improvement rather than a private project. O'Neill noted that the developer has agreed to place funds on deposit with the City in an amount equal to the cost of the feasibility study. After discussion, a motion was made by Shirley Anderson and seconded by Dan Blonigen to authorize preparation of a feasibility study for public improvements associated with the HIein Farms subdivision and School Boulevard contingent on the developer providing a deposit equal to the cost of the feasibility study. Motion carried unanimously. SEE RESOLUTIONS 94-43 AND 94-44. Page 2 Council Minutes - 12/12/94 C. Consideration of reviewin a lication of trunk water main fee requirement. Assistant Administrator O'Neill explained that on November 14, 1994, Council authorized preparation of plans and specifications for the sanitary sewer and water main extension to Gould Brothers Chevrolet, and Council approved a finance plan that included a trunk water main requirement of $625 per acre. He noted that a major reason far initiating the trunk water fee in this case was to develop a fund to help pay for the eventual extension of a water main under the freeway at a future cost of approximately $120,000. Council is asked to review the trunk water main application table and determine how to apply the trunk water fee to residential developments now in process where significant financial planning has occurred without the additional cost of the trunk water fee. O'Neill went on to review the trunk water main application table by listing passible criteria for charging the trunk water main fee as follows: 1. Property located in the township, annexation required for development to occur. 2. Extension of trunk water main to site or upstream oversizing required in order for the site to be developed whether the development is located in the city or not. 3. Business located outside of city, annexation required, no taxes ever paid to City. Current developments in this category would consist of the section of River Mill currently located in the township; the Rod Noxell property; the HIein Farms subdivision; Emmerich east property; proposed Orrin Thompson development; and the property of Stuart Hoglund, Gould Brothers, D & D Bus, and Gerhardt Everson located in the southwest area. O'Neill also reviewed the following criteria for not requiring payment of the trunk water fee: 1. Property has already paid an assessment for a major portion of the cost of the system used or has fully funded all costs to extend water service to the site. 2. Existing building and well in place, no annexation required, city taxpayer. Page 3 Council Minutes - 12/12/94 O'Neill noted that current developments in this category consist of Briar Oakes, Eastwood Knoll, Cardinal Hills, the portion of the River Mill development currently located in the city limits, and the Milton Olson property located in the southwest area. Rick Murray, developer of the River Mill subdivision, noted that if this fee is implemented retroactively, it will be difficult to deal with financially since they are six months into planning the development. Councilmember Blonigen stated that he was not opposed to excluding the portion of River Mill that is currently located in the city, but it was his view that the portion located in the township should pay the trunk water fee. Councilmember Anderson concurred that those who purchase township land for development should pay far oversizing expenses associated with providing services to outlying areas. Public Works Director John Simola agreed that the trunk water fee needs to be implemented city-wide, as the taxpayers have funded the cost of the water tower and freeway crossing in the past, and township properties that haven't paid taxes will benefit from the city's infrastructure. O'Neill noted that since the River Mill project will not result in any new trunk water main expenses, perhaps the $22,500 trunk water fee could be divided by the number of building lots and paid For as a charge on each building permit issued. This would avoid changes to Murray's finance plan but would still provide the City with its trunk water fee. After discussion, a motion was made by Clint Herbst and seconded by Shirley Anderson to adopt the criteria as presented for defining which properties pay the trunk water fee as noted on the trunk water main application table; for those developments that do not require up-front expenses, the fee can be paid by a surcharge on each building permit in the development. Voting in favor: Clint Herbst, Shirley Anderson, Brad Fyle, Warren Smith. Opposed: Dan Blonigen. 4. Citizens comments/ etitions re uests and com faints. Ms. Chantelle Mitchell expressed her concerns about property line disagreements with the neighboring renter to the east. She noted that stakes and edging have been installed by the neighbor along the property line; however, the ordinance states that a 2-ft setback is required for installation of a fence unless an agreement is reached between neighbors. Since she does not want a fence on the property line, she is requesting that the stakes and edging be moved 2 ft back to comply with the ordinance. Page 4 Council Minutes - 12/12/94 Assistant Administrator O'Neill noted that he had previously discussed the matter with the City Attorney and City Planner. Both stated that the stakes and edging did not constitute a fence. However, he would review the matter again and provide a report to Council at the next meeting. After discussion, it was the consensus of Council to review additional information on fences and consider the matter at the January 9, 1995, meeting. 5. Public Hearin --Ado tion of 1995 bud et and consideration of a resolution setting the 1995 tax levy. Mayor Fyle opened the public hearing. City Administrator Rick Wolfsteller reported that at the original Truth in Taxation public hearing held Wednesday, December 7, 1994, it was the Council's decision to reduce our original proposed tax levy by $11,780 to get the levy back to the 4% increase that had originally been anticipated. Council had recommended that the $11,780 reduction occur from the proposed funds that were to be set aside for a future city hall expansion project, thus reducing the original budgeted reserve amount of $90,550 to $78,770. He noted the resolution proposed for adoption is prepared under the assumption of the 4% increase with a total levy of $2,841,185 as discussed at the public hearing held on December 7. There being no comment from the public, Mayor Fyle closed the public hearing. After discussion, a motion was made by Warren Smith and seconded by Shirley Anderson to adopt a resolution adopting the 1995 budget and setting the tax levy at $2,841,185. Motion carried unanimously. SEE RESOLUTION 94-40. 6. Consideration of sim le subdivision allowin the subdivision of the Tom Brennan ra ert located 'ust north of I-94 between Minnesota and Elm Streets. Applicant, Tom and Elraine Brennan. Assistant Administrator O'Neill reported that Tom and Elraine Brennan are requesting permission to subdivide their 25-acre parcel into two parcels, which is allowed by ordinance without formal platting. Brennan proposes that the new property line be placed along the line previously approved by Council as the proposed alignment of 7th Street between Minnesota Street and Elm Street. O'Neill noted that Brennan will be required to provide the City with a 12-ft utility easement around three sides of both properties, and Page 5 Council Minutes - 12/12/94 a 12-ft roadway and utility easement on bath properties along the 7th Street property line. He also noted that at such time that the property is platted, the City will obtain the balance of the area needed for the road alignment. He also noted that the City should obtain park dedication fees if the area zoned under PZM designation is developed for residential uses. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to approve the simple subdivision contingent an Brennan providing roadway and utility easements as requested. Motion carried unanimously. 7. Consideration of a zonin ma amendment which would rezone the Eleanor a one property_rom_R-2 (single and two-family resident,',,,,.,,.,. ' ~ ,,,. ial~ to PS (public and _sem~-public uses). Applicant, Eleanor Malone/St. Henry's Church. Assistant Administrator O'Neill reported that the proposed 8-acre rezoning request is submitted subsequent to a recent associated request to rezone 30 acres of the Gladys Hoglund property from industrial uses to public and semi-public uses in cor}junction with the relocation and expansion of St. Henry's Catholic Church. He noted that under the ordinance amendment as proposed, the Malone property would be designated specifically for public and semi-public uses. After reviewing the rezoning request, the Planning Commission voted to approve the zoning amendment. After discussion, a motion was made by Shirley Anderson and seconded by Warren Smith to approve the request to rezone the $-acre Malone parcel from R-2 to PS. Motion is based an the finding that the proposed amendment is consistent with the geography of the area, consistent with the character of the area, will not result in a depreciation of adjoining land values, there is a demonstrated need far the use, and the use is consistent with the comprehensive plan. Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 264. 8. Consideration of River Mill TIF land use plan consistency with the prehensive plan.. resolution establishing TIF District 1-18). com Economic Development Director Ollie Koropchak noted in her report that Council is asked to adopt a resolution which is essentially the same as Resolution 94-37 approved on November 28, 1994, establishing TIF District 1-1$ for the River Mill subdivision. It was noted that the revised resolution is essentially a housekeeping matter intended to correct technical deficiencies in the record. Councilmember Herbst noted that it had been brought to his attention that if an accident ever occurred along East County Raad 39, there would be no alternate route far emergency vehicles to obtain access to the city without Page 6 Council Minutes - 12/12/94 going the route of Albertville to I-94. Herbst suggested that Council might want to look at providing alternative secondary routes where Feasible to allow bypass of East County Road 39. After discussion, a motion was made by Warren Smith and seconded by Shirley Anderson to adopt the revised resolution relating to the modification by the HRA of the Redevelopment Plan relating to Redevelopment Project No. 1, the modification of TIF plans relating to TIF Districts No. 1-1 through 1-17, and the establishment of TIF District No. 1-18 and adoption of the TIF Plan. Motion carried unanimously. SEE RESOLUTION 94-41. 9. Consideration of amendment to Section 3-9 (E) of the Monticello Zoning _ _ .. Ordinance re~ulatin~ suns bv_allown~ one .premise identification wall sign er street fronts a and one remise identification lon si A licant Arrow Sign Comyany. Assistant Administrator O'Neill reported that the proposed sign ordinance amendment presented by Arrow Sign Company on behalf of the Coast to Coast store would allow a premise identification wall sign for each street Frontage that a business has exposure to and allow a pylon sign as well. He noted the current ordinance allows one premise identification sign per street frontage, including the pylon sign. He explained that the present sign system at Coast to Coast includes a pylon sign and a wall sign, both of which are displayed an the 3rd Street side of the building. Coast to Coast is requesting to be allowed to display an additional wall sign in the rear of the property facing 4th Street. O'Neill also noted that the Planning Commission recommended approval of the ordinance amendment. After discussion, a motion was made by Clint Herbst and seconded by Warren Smith to approve the ordinance amendment allowing one premise identification wall sign per street frontage and one premise identification pylon sign but limits total sign area for all signs to 10°Io of the gross silhouette of the front wall or 100 sq ft, whichever is less. Motion is based on the finding that the additional sign will enhance identification of businesses from the street without undue clutter. Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 265. 10. Consideration of salary schedule adjustments for 1995. City Administrator Wolfsteller reported that as part of the ongoing maintenance of our current salary system in use for all non-union employees, the City Council should annually review the salary schedule and make adjustments when warranted in order to retain the City's pay Page 7 Council Minutes - 12/12/94 relationship to the market. He reviewed the current salary administration program adopted by the Council in December 1991, which includes 22 grades with 6 potential steps within each grade. Wolfsteller went on to report that a survey of surrounding communities found proposed adjustments varying between 2% to 3% and noted that it seems appropriate that any cost of living adjustment should continue to reflect the Minneapolis/St. Paul consumer price index, which is between 2.9% and 3.1%, since this is the area the City is affected by. Councilmember Anderson noted that she was concerned about adjusting salaries by a straight percentage every year, which results in a larger raise for those at the top of the scale and a lesser amount for those farther down the salary schedule. She asked if it was possible to give bonuses rather than increase the salaries by a percentage. Wolfsteller explained that in order to stay in compliance with the comparable worth law, the entire salary schedule must be adjusted. He noted that a bonus would still be considered as part of the salary structure and would result in the City being out of compliance with the law. Assistant Administrator O'Neill suggested that since employees have been absorbing the increases in insurance premiums, perhaps Council could consider paying a portion of the insurance increase and pay a lower cost of living adjustment. This would serve to provide a greater benefit to employees at lower salary levels. After discussion, a motion was made by Warren Smith and seconded by Dan Blonigen to approve a 2.5% cost of living adjustment to the salary schedule for all non-union city employees. Motion carried unanimously. 11. Consideration of fund transfers for 1994. City Administrator Wolfsteller reported that fund transfers need to be approved in order to close out unneeded construction funds and/or perform other transfers to correspond with our budget. In addition, some of the transfers recommended will cover deficiencies in specific construction fiends that have occurred during the projects. He noted that in most of the deficiency cases, funds were anticipated to be used from the capital outlay fund but have not yet been transferred. Wolfsteller also noted that the two items noted on the summary concerning Briar Oakes would not be transferred at this time, as the pathway improvement still needs to be done. After discussion, a motion was made by Shirley Anderson and seconded by Dan Blonigen to approve the transfers as recommended on the summary with the exception of the two Briar Oakes funds (Project 91-2) as noted by the City Administrator. Motion carried unanimously. Page 8 Council Minutes - 12/12/94 12, Consideration of urchase a Bement to ac uire land for draina a basin for Meadow Oak and outlet ro"ect. Public Works Director John Simola reported that the Meadow Oak storm sewer outlet project passes through the Lois and Gene Bauer property between I-94 and Gillard Avenue, and City staff has met with the Bauers to discuss the acquisition or easements on 4 acres of existing wetlands an the east/sautheast side of their property. An appraisal was completed in September by Rodney Dragsten, who appraised the wetland property at $3,500/acre, which would amount to $14,000 far the 4 acres the City would need. Simola went an to report that after further discussions, Bauers presented a concept plan which included developing a 25-lot subdivision on approximately 10,9 acres. The remaining 9.5 acres, which included the existing wetland, the natural gasline easement area, and the remote parcel of property to the very southeast along the freeway, would be deeded to the City. Bauers requested that the City exchange park dedication fees and storm sewer assessments against their 10.9-acre proposed development for the land needed by the City. In addition, they requested that the development agreement for the subdivision be centered around the following: 1. The proposed development and City's drainage area be annexed to the city. Simola noted that the Bauer property is located in the urban service area under the City/Township Urbanization Plan; therefore, annexation should not be a problem, 2. The City approve preparation of a preliminary plat based upon the concept plan. Approval would require the Bauers to meet all requirements of the ordinance an the preliminary and/or final plats. 3. Once the preliminary plat is approved, it be automatically renewed each year without additional fees or public hearings. 4. During the grading of the drainage basin and the possible creation of additional wetlands or drainage area in the southeast corner of the property, some of the fill material be placed on Lots 3, 4, 5, and 6 of Block 2 at no cost to the Bauers. 5. If the City ever Fenced the wetland that it be screened with pine trees. 6. Bauers would have the right to relocate the storage barn currently on Lot 1, Block 1, which is in the proposed roadway, to the proper setbacks as required in that zone prior to development. Page 9 Council Minutes - 12/12/94 7. The developers agreement be completed by the City and reviewed by Bauers and their counsel. Simola noted that the land proposed for development by the Bauers would generate a storm sewer area assessment of $16,895, the park dedication fee would amount to $3,815, and the amount needed to place some of the material from the southeast corner of the property to Lots 3-6, Block 2, would amount to between $2,000 and $3,000, for a total exchange value of approximately $23,710. Councilmember Herbst noted that since Council has discussed the possibility of increasing the minimum lot size requirement, Bauers should be notified that their plat would have to meet the requirements in effect at the time of platting. After discussion, a motion was made by Clint Herbst and seconded by Shirley Anderson to approve the concept plan subject to meeting platting requirements, annexation of the entire parcel into the city subject to the urbanization plan agreement between the City and Township, and enter into a developers agreement as outlined contingent on the Meadow Oak storm sewer outlet project moving forward. Motion carried unanimously. 13. Consideration of authorization to attem t enterin into o tion for urchase of land and/or obtaining right of entry. City Administrator Wolfsteller reported that the City is maximizing the property currently used For land-applying of bia-solids generated at the wastewater treatment plant and is in need of additional sites soon. After authorization by Council to obtain appraisals on one or two sites, staff has recently received one appraisal fora 145-acre parcel located south of Monticello on County Road 106. The present owner of this parcel is an absentee landowner residing in another state. Wolfsteller went on to report that the City Attorney has recommended that the City contact the owner and attempt to obtain right of entry for the purpose of soil testing before making an offer for the property. It was also noted by the City Attorney that if the property is the best site for the City's needs but negotiations fail for purchase of the property, the City does have the right to acquire the land by eminent domain proceedings. After discussion, a motion was made by Clint Herbst and seconded by Shirley Anderson to authorize City staff to contact the landowner and attempt to obtain right of entry for the purpose of soil testing before making an offer for purchasing the property. Motion carried unanimously. Page 10 Council Minutes - 12/12/94 14. Consideration of rebid of hale II of ublic works facilit ex ansion. Public Works Director John Simola reported that phase II of the public works expansion consists of a masonry salt/sand storage building addition on the north side of the vehicle storage building, a connection between the existing vehicle storage building and the shop building to serve as an oil storage and wash/periodic paint bay, and an addition to the front of the building consisting of a break room, handicapped accessible restrooms, and a meeting/training room. He noted that original project costs for phase IX were done by TKDA in February 1992 and were estimated at $3$0,000; however, phase II was changed from the original concept due to ADA requirements. In April 1993, OSM prepared a feasibility report for the revised second phase, and the estimated cost of the project at that time was $413,100. Council requested that phase II bidding be delayed and that the building committee look at downsizing the sand/salt storage addition. In January 1994, Council authorized preparation of plans and specs based on a downsized salt storage facility at an estimated revised project cost of $379,700. Simola went on to report that bids were received May 19, 1994. The lowest construction bid received was $486,000, which was $148,000 over our estimated construction cost. Council apted to rebid the project in the winter of 1994/95 for an early spring start and asked staff and the building committee to try and modify the design to find cost-saving alternatives. After again reducing the sand/salt storage building and making changes to the shop area, the new estimated construction cost based on the low bid received in May is now $400,449. After adding contingency fund, design, construction, engineering, testing, and soil correction, the total project cost amounts to approximately $462,672. In addition, Simola noted that Doug Wild, the architect from OSM, has proposed that he and OSM become the construction manager of this project to bring it closer in line with the expected budget. He has considerable experience with this technique from his previous employment; however, OSM has not done construction management projects in the past. Councilmember Blonigen stated that he preferred the project be bid with alternates rather than a base package only, as it was his view that the proposed addition to the front of the building could be deleted from the project if the bids were too high. Simola explained that staff felt it would be more beneficial to the City to bid the project as a base package rather than with alternates as was done last time with this project. Council then discussed the option of hiring Doug Wild of OSM as the construction manager for the project. It was noted by the City Engineer that although Doug has previous experience as a construction manager, he and other OSM staff members were uncomfortable with this proposal. Page 11 Council Minutes - 12/12/94 After discussion, a motion was made by Warren Smith and seconded by Clint Herbst to authorize advertisement for rebid of phase II of the public works expansion based upon the changes, modifications, and deletions as listed using the standard general contractor approach rather than the construction manager proposal. Voting in favor: Warren Smith, Clint Herbst, Shirley Anderson, Brad Fyle. Opposed: Dan Blonigen. 15. Consideration of scheduling a special meeting for Planning Commission interviews. Assistant Administrator O'Neill reported that the Planning Commission conducted interviews for filling the two vacant positions at their regular meeting held December 6. Council is asked to schedule a special meeting far conducting interviews of the applicants after January 1 when the new Council is in place. After discussion, it was the consensus of Council to schedule a special meeting for January 23, 1994, at 5:15 p.m., for the purpose of interviewing applicants for the two vacant positions on the Planning Commission. 16. Consideration of vacatin a onion of a athwa easement. Location is Lots 6 and 7 Block 2 Cardinal Hills 4th Addition. A licant Value Plus Homes Inc. Assistant Administrator O'Neill explained that a 15-ft easement has been recorded for Cardinal Hills 4th Addition to construct a pathway through Lots 6 and 7; however, foundations on these lots have been constructed at the 10-ft setback rather than at 15 ft as required by the easement. This results in a total area of 2Q ft rather than 30 ft for construction of the pathway. Council is being requested by the developer to vacate the 5-ft section on both sides of the easement so that the foundations do not encroach into the easement. O'Neill noted that Council could also consider realigning the pathway to another lot boundary; however, staff recommends that the proposed vacation be approved. O'Neill noted that in the future, pathways will be designated by outlot instead of by easement. After discussion, a motion was made by Warren Smith and seconded by Clint Herbst to approve vacating a 5-ft section on both sides of the easement between Lots ~ and 7, Block 2, Cardinal Hills 4th Addition, as requested. Motion carried unanimously. SEE RESOLUTION 94-42. 17. Consideration of bills for the first half of December. After discussion, a motion was made by Warren Smith and seconded by Shirley Anderson to approve the bills as submitted. Motion carried unanimously. Page 12 Council Minutes - 12/12/94 1$. Other matters. A. Councilmember Herbst stated that he received a phone call regarding expansion of a landfill in Sherburne County and that the caller asked if Council would consider sending a letter to the EPA voicing concerns over doubling the size of a landfill with a conditional use permit. It was Herbst's view that perhaps the Council should send a letter to the EPA since expansion of the landfill could affect traffic in Monticello and run-off to the river. Councilmember Smith requested that Council receive more information prior to sending a letter to the EPA. Bret Weiss, City Engineer, suggested that Council write a letter stating their interest in the process and request documentation for their review. Concerns could then be brought to the attention of the EPA during the comment period of the EAW process. After discussion, it was the consensus of the City Council to request information regarding the proposed expansion of the landfill in Sherburne County in order to study possible effects on the Monticello area. B. Assistant Administrator O'Neill reported that City staff has received a preliminary plat ("Monticello Business Center") far the 120-acre site directly north of Kjellbergs East Trailer Park, which was previously rezoned by Tony Emmerich from residential to commerciaUindustri.al uses. It was noted that a storm water management plan is needed to provide an adequate outlet for this area, and the developer (Ocello) is requesting that the City authorize OSM to proceed with the study. The developer is willing to deposit with the City the necessary funds to pay for the study. After discussion, a motion was made by Shirley Anderson and seconded by Warren Smith to authorize the City Engineer to complete a storm water management plan for the proposed Monticello Business Center site provided the developer deposit with the City an amount equal to the cost of the study ($15,000). Motion carried unanimously. The City only will consider reimbursing a share of the expense to the developer if it can be sufficiently demonstrated that the study provided a benefit to the City and if there is a mechanism to recover the expense from other benefiting property owners. C. Assistant Administrator O'Neill reported that a 600 sq ft expansion to the south wall of Maus Foods was inadvertently started by the contractor prior to issuance of a building permit; however, Ken Maus has signed an agreement accepting responsibility for the work done if Page 13 Council Minutes - 12/12/94 a building permit is not issued.. In the process of reviewing the plan for expansion, it was noted that the loading/unloading area requires that vehicles back in from Cedar Street and that the curb line extends into the 5th Street right-of way. After reviewing the site plan with the City Attorney, it was his recommendation that the building permit be issued and no variances be required since the City approved the current site plan when the building was originally constructed. After discussion, it was the consensus of Council to accept the City Attorney's recommendation and authorize issuance of the building permit as requested. D. City Administrator Wolfsteller thanked Dan Blonigen and Warren Smith for their commitment to the City in filling the two vacant Council seats for the remainder of ].994. There being no further discussion, <: ~ ~~ r n Doty Dff ce Manager the meeting was adjourned. Page 14