City Council Minutes 05-13-1996MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, May 13, 1996 - 7 p.m.
Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Brian Stumpf, Tom
Perrault
Members Absent: None
2. Approval of minutes of the regular meeting held April 22, 1996•
A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM
PERRAULT TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD
APRIL 22, 1996. Motion carried unanimously.
11 •'•l • 10TIrs • wosurell $14P.1170 1•.
A. Consideration of approving the issuance of a gambling license by the
Monticello Community Partners (MCP) --button raffle.
City Administrator Rick Wolfsteller reported that the MCP is currently
in the process of promoting the "Catch the Wave" theme as part of the
downtown revitalization program and is ordering 10,000 numbered
buttons to be sold at $5 each for potential awards and prizes. In order
to conduct what the State considers a gambling operation, the MCP
needs to apply for an exemption from the gambling license
requirements that a non-profit organization is allowed to conduct,
provided the activity has less than $50,000 in prizes during a calendar
year.
AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND
SECONDED BY SHIRLEY ANDERSON TO ADOPT A RESOLUTION
AUTHORIZING THE STATE TO ISSUE A GAMBLING LICENSE TO THE
MCP AND WAIVE THE 30 -DAY REQUIREMENT. Motion carried
unanimously. SEE RESOLUTION 96-19.
Consideration of accafing bids
.01C, Dundas Road improvements.
City Engineer Bret Weiss reported that a total of six bids were
received at 10 a.m., May 10, for Project 96-01C, Dundas Road
improvements. The engineer's estimate for the project was $115,309.
Annandale Contracting submitted the lowest bid in the amount of
$101,790.51. Weiss recommended awarding the contract to Annandale
Contracting, Inc.
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Council Minutes - 5/13/96
A MOTION WAS MADE BY TOM PERRAULT AND SECONDED BY
SHIRLEY ANDERSON TO AWARD THE CONTRACT FOR PROJECT 96-
01C, DUNDAS ROAD IMPROVEMENTS, TO ANNANDALE CONTRACTING,
INC., IN THE AMOUNT OF $101,790.51. Motion carried unanimously.
SEE RESOLUTION 96-18.
4. Citizens comments/petitions, requests, and com lap ints.
None.
Mayor Fyle requested that item A be removed from the consent agenda.
Councilmember Brian Stumpf requested that item D be removed from the
consent agenda for discussion.
A. Consideration of an ordinance amendment modifying excavation
permit insurance requirements under City Ordinance Title VIII,
Chapter 2, Section 11. - Removed from consent agenda for discussion.
B. Consideration of authorizing City Engineer to prepare plans and
.specifications for Klein Farms Phase II. Recommendation:
Authorize the City Engineer to prepare plans and specifications for
Klein Farms Phase II.
C. Consideration of allowing a simple subdivision Location is Lots 4
and 50 Block 45 , Original Plat Applicant, Vic Hellman.
Recommendation: Approve the simple subdivision of Lots 4 and 5,
Block 45, Original Plat.
D. Consideration of appointment of Joseph Merchak to the position of
Chief Building Official. - Removed from consent agenda for discussion.
E. Consideration of adopting a resolution accepting the feasibility s_. tudv
and authorizing preparation of plans and specifications for River
Street trunk sanitary sewer reconstruction. Recommendation:
Adopt a resolution accepting the feasibility study and authorizing the
City Engineer to prepare plans and specifications for reconstruction of
the River Street trunk sanitary sewer; and adopt a resolution stating
intent to reimburse the City for project costs.
SEE RESOLUTIONS 96-16 and 96-17.
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F. Consideration of allowing residential property to have one small
storage shed (less than 120 sq ft) in addition to an accessory structure.
Applicant Ron Michaelis. Recommendation: Allow a single
storage shed in addition to an accessory structure if the size of the
shed is less than 120 sq ft and call for a public hearing on a zoning
ordinance amendment clarifying this interpretation.
A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY
ANDERSON TO APPROVE ITEMS B, C, E, AND F ON THE CONSENT AGENDA
AS RECOMMENDED. Motion carried unanimously.
CONSENT AGENDA ITEMS DISCUSSED:
A. Consideration of an ordinance amendment modif n�ng excavation
permit insurance requirements under City Ordinance Title VIII,
Chapter 2, Section 11.
Public Works Director John Simola reported that the insurance
requirements for excavation contractors had not been updated since
the 1970's, which required public liability insurance of $50,000 per any
one person and $100,000 per any one accident, and property damage of
not less than $25,000. It was proposed that the ordinance be amended
to require public liability of not less than $1,000,000 for each
occurrence and $1,000,000 for general aggregate, and worker's
compensation insurance, with employer's liability limit of at least
$100,000.
AFTER DISCUSSION, A MOTION WAS MADE BY BRAD FYLE AND
SECONDED BY TOM PERRAULT TO ADOPT AN ORDINANCE
AMENDMENT INCREASING INSURANCE REQUIREMENTS FOR
EXCAVATION CONTRACTORS AS PROPOSED EFFECTIVE JULY 1, 1996.
Motion carried unanimously.
SEE ORDINANCE AMENDMENT NO. 278.
D. Consideration of appointment of doeph Merchak to the position of
Chief Building
Assistant Administrator Jeff O'Neill reported that after conducting
interviews, it was recommended by the personnel subcommittee, made
up of Brad Fyle, Brian Stumpf, John Simola, Tom Bose, and Jeff
O'Neill, that the position of Chief Building Official be offered to Joseph
Merchak. O'Neill noted that because of his experience, the proposed
offer made to Merchak included a starting salary of $35,810, which is
the middle point in the salary range for the position. It was also
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proposed that Merchak be granted two weeks of paid vacation in the
first year along with one week unpaid leave, and $50 per month in
addition to the normal $.28 per mile for the use of his private vehicle.
Council members discussed their concern with veering from the
personnel policy regarding vacation time, which allows one week paid
vacation during the first year of employment.
A MOTION WAS MADE BY BRAD FYLE AND SECONDED BY BRIAN
STUMPF TO OFFER THE POSITION OF CHIEF BUILDING OFFICIAL TO
JOSEPH MERCHAK WITH A STARTING SALARY OF $35,810, AN
ADDITIONAL $50 PER MONTH IN ADDITION TO $.28 PER MILE, ONE
WEEK OF PAID VACATION IN THE FIRST YEAR, AND ONE WEEK
UNPAID VACATION IF DESIRED. Voting in favor: Brad Fyle, Brian
Stumpf, Shirley Anderson, Tom Perrault. Opposed: Clint Herbst. It
was Herbst's view that the current Building Inspector did not receive
the opportunity for the new position as previously discussed. Motion
passed.
6. Public Hearing—CQuaideration of a request to vacate utility easement an
eliminate lot line between Lots 3 and 40 Block 3., Plaza Partners, Apr)licant,
Mike Zieska.
Mayor Fyle opened the public hearing.
Assistant Administrator O'Neill reported that a conditional use permit was
awarded to Mike Zieska at the last Council meeting which would allow him
to operate an auto body repair shop in a B-3 zone. In addition, it was
required that the lot line between Lots 3 and 4 be eliminated so that the
second parcel used for parking could not be sold without City approval.
There being no comment from the public, the public hearing was closed.
A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM
PERRAULT TO APPROVE THE REQUEST TO VACATE THE UTILITY EASEMENT
AND ELIMINATE THE LOT LINE BETWEEN LOTS 3 AND 4, BLOCK 3, PLAZA
PARTNERS. Motion is contingent on acquisition and development of the
affected lots as proposed by Mike Zieska. Motion carried unanimously.
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7. Consideration of an ordinance amendment establishing an oil/lube facility
(auto maintenance facilities) as a conditional use in the PZM zone.
Applicant, Investors Together.
8. Consideration of granting a conditional use permit which would allow
operation of an oil/lube facility (auto maintenance facilities) in a PZM zone
Applicant; Investors Together.
9. Consideration of an ordinance amendment establishing minor auto repair as
a conditional use in the PZM zone Applicant, Investors Together.
Assistant Administrator O'Neill reported that Investors Together was
requesting an ordinance amendment establishing an oil/lube facility as a
conditional use in the PZM zone, a conditional use permit allowing operation
of an oil/lube facility in a PZM zone, as well as an ordinance amendment
establishing minor auto repair as a conditional use in the PZM zone. O'Neill
noted that a few years ago the Planning Commission approved allowing an
oil/lube facility in the PZM zone; however, the request was withdrawn by the
applicant and was never reviewed by the City Council. After reviewing the
current request at their May 7 meeting, the Planning Commission
recommended approval of the ordinance amendment allowing auto
maintenance facilities as a conditional use in the PZM zone.
Planner Steve Grittman of Northwest Associated Consultants noted that
because the proposed oil/lube facility would be a "while -you -wait" service, it
could compatibly exist in the PZM district provided various conditions were
implemented. In regard to the proposed ordinance amendment allowing
minor auto repair in the PZM zone, Grittman suggested that Council rezone
the property if they felt this would be an appropriate use of the site rather
than pursue a PZM district amendment.
Council noted their concern with amending the PZM district regulations, as
any change would affect all PZM zones in the city. They were also concerned
that cars may eventually be left overnight at the site.
Ken Schwartz noted that the current car wash at the site has a bigger impact
on the site than an oil/lube facility would have, as the car wash could see
approximately 250 cars on a busy day, while the oil/lube facility would have
only 25-30 cars per day. It was his view that the traffic impact would be
minimal.
A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN
STUMPF TO DENY THE ORDINANCE AMENDMENT ALLOWING AUTO
MAINTENANCE FACILITIES AS A CONDITIONAL USE IN THE PZM DISTRICT.
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Motion is based on the finding that the proposed amendment and resulting
use is not consistent with the spirit and intent of the Monticello
Comprehensive Plan and Zoning Ordinance, the proposed amendment and
resulting use is likely to have an adverse impact upon surrounding
properties, and the proposed use is not consistent with the purpose of the
PZM district. Motion carried unanimously.
A MOTION WAS ALSO MADE BY SHIRLEY ANDERSON AND SECONDED BY
TOM PERRAULT TO DENY THE CONDITIONAL USE PERMIT FOR AN AUTO
MAINTENANCE FACILITY IN A PZM ZONE AND DENY THE REQUEST FOR AN
ORDINANCE AMENDMENT ALLOWING MINOR AUTOMOBILE REPAIR IN A
PZM ZONE. Motion is based on the finding that the proposed uses are not
consistent with the spirit and intent of the Monticello Comprehensive Plan
and Zoning Ordinance, and the proposed uses are likely to have an adverse
impact upon surrounding properties. Motion carried unanimously.
10. Consideration of an ordinance amendment reducing yard size requirements
for single family detached structures in an R-2 zone Applicant, Ron Ruff,
11. Consideration of allowing a simple subdivision Applicant, Ron Ruff.
Assistant Administrator O'Neill reported that Ron Ruff requested an
ordinance amendment reducing the lot size requirements for single family
structures in the R-2 zone from the minimum of 12,000 sq ft to 10,000 sq ft in
order to allow subdivision of a 21,412 sq ft lot. O'Neill noted that the
amendment request made sense since the R-2 zone is a higher density area
and the lot is located in the old part of town where the lots are the same size
as the lots that would be created by Ruff's subdivision. The Planning
Commission recommended approval of the ordinance amendment and simple
subdivision requests. It was their view that the City could control future use
of the R-2 district. O'Neill and Grittman noted that the City could block
unwanted higher density by simply refusing to establish new R-2 zones. If
larger lots are desired by the City, then the R-1 district would be the required
zoning for new development.
Council discussed their concern regarding future developments which may
include R-2 zoning. An ordinance amendment reducing the lot size in the R-
2 zone would not only affect the property owned by Ron Ruff, but all current
and future R-2 zones in the city. O'Neill noted that the City has been using
more PUD concepts recently, which give the City more control over the use of
land and open space.
Councilmember Herbst noted that one of the goals of the Council has been to
try and increase the home values in the city, and reducing the lot size would
not help to reach this goal.
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AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND
SECONDED BY TOM PERRAULT TO DENY THE ORDINANCE AMENDMENT
REDUCING MINIMUM LOT SIZES FOR SINGLE FAMILY USES IN THE R-2
DISTRICT. Motion is based on the finding that 12,000 sq ft is the appropriate
minimum size for single family lots in an R-2 zone and adequate controls and
flexibility are in place in the ordinance to accommodate the original town
plat areas. Voting in favor: Clint Herbst, Tom Perrault, Shirley Anderson,
Brian Stumpf. Opposed: Brad Fyle. Motion passed.
No action was necessary on item #11, as without the ordinance amendment,
the proposed simple subdivision would create non -conforming lots.
12. Reconsideration of an ordinance amendment revising hours of operation on
Sundays for liquor license holders.
City Administrator Rick Wolfsteller reported that at the previous Council
meeting, a public hearing was held concerning an ordinance amendment
allowing Sunday liquor license holders to serve liquor as early as 10 a.m. on
Sundays rather than at 12 p.m. Rob Hoffman, owner of J.P.'s Annex,
requested that Council reconsider his request.
Hoffman spoke to Council regarding their concerns with allowing liquor sales
beginning at 10 a.m. on Sundays, noting that he needed to provide service
similar to the St. Cloud and Minneapolis areas in order to stay competitive.
He noted that the Council could dictate that license holders with specific
levels of service could serve liquor earlier than 12 p.m.
AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND
SECONDED BY BRAD FYLE TO CONFIRM ITS ORIGINAL DECISION TO DENY
AMENDMENT TO THE LIQUOR ORDINANCE AND LEAVE IT AS IS WITH NO
SALES OCCURRING BEFORE NOON ON SUNDAYS. Voting in favor: Brian
Stumpf, Brad Fyle, Shirley Anderson, Clint Herbst. Opposed: Tom Perrault.
Motion passed.
13. Consideration _ reQuest to establish
ewer hok_p charges --Hawks SpoBar.
City Administrator Rick Wolfsteller reported that with the recent annexation
of the Hawks Sports Bar property in conjunction with the development of the
River Mill subdivision, municipal sewer and water services were installed in
the River Mill project, making sanitary sewer available for Hawks Bar.
Wolfsteller noted that Joe and Theresa Abbott, owners of Hawks Bar,
recently indicated they were ready to connect to the city sewer system;
however, they requested Council consideration of establishing the hook-up
fee based on the 1995 rate of $1,200 per unit rather than the current $1,500
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per unit. The Abbotts also requested to be allowed to pay for the hook-up
fees over a number of years rather than in one lump sum since it was an
existing business when annexed.
Wolfsteller noted his concern with the precedent that may be set by charging
the 1995 rate rather than the current rate. He also felt there may be some
justification for allowing the hook-up fee to be paid in installments over a
number of years; however, he noted that the same request may come from
other existing businesses that would likely connect to the system in the
future.
Joe Abbott stated that the system was not available for him to connect last
year. He explained that he asked the people working on the sewer system
when hook-up would be available, and no one would give him an answer.
The City Administrator noted that the Public Works Director sent a letter to
the Abbotts dated November 6, 1995, explaining that sanitary sewer and
water service was available and that the hook-up fee would increase to
$1,500 per unit effective January 1, 1996.
AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND
SECONDED BY TOM PERRAULT TO ESTABLISH THE SANITARY SEWER
HOOK-UP RATE FOR HAWKS SPORTS BAR AT THE CURRENT AMOUNT OF
$1,500 PER UNIT AND TO ACCEPT INSTALLMENT PAYMENTS OVER FOUR
YEARS WITH INTEREST CHARGED ON THE UNPAID BALANCE. Voting in
favor: Shirley Anderson, Tom Perrault, Brian Stumpf. Opposed: Clint
Herbst. It was Herbst's view that because the sanitary sewer system became
available so late in the year that it would be appropriate to charge the 1995
rate. Abstaining: Brad Fyle, as he was contacted by the Abbotts to perform
the system connection. Motion passed.
14. Consideration of renewing Eastwood Knoll listing agreement with Edina
Realty.
Assistant Administrator O'Neill reported that it had been one year since the
listing agreement with Edina Realty was approved for marketing the
Eastwood Knoll subdivision. Lots have been selling on a fairly steady basis,
and the homes being constructed are valued in excess of what was originally
anticipated for the property.
AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND
SECONDED BY BRIAN STUMPF TO RENEW THE LISTING WITH EDINA
REALTY UNDER THE SAME TERMS FOR THE SALE OF LOTS IN THE
EASTWOOD KNOLL SUBDIVISION. Motion carried unanimously.
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Council Minutes - 5/13/96
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City Administrator Wolfsteller reported that the first quarter liquor store
report showed that sales were up $44,000, approximately a 14% increase,
and the resulting gross profit was up $17,000 over last year. With expenses
decreasing slightly by $4,000 from last year, the operating income showed a
healthy gain of $21,500 to a total of $45,288 for the first quarter.
Liquor Store Manager Joe Hartman requested that Council consider
authorizing repairs to the pylon sign at the liquor store. A quote for
replacing the sign face with a maintenance -free lexan face was received from
LeRoy Signs for $6,580. A second quote was obtained from DeMars Signs,
Inc., in the amount of $2,791.
AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND
SECONDED BY BRIAN STUMPF TO ACCEPT THE FINANCIAL REPORT FOR
THE FIRST QUARTER AS PRESENTED AND AUTHORIZE REPAIRS TO THE
EXISTING LIQUOR STORE PYLON SIGN AT THE QUOTED PRICE OF $2,791
FROM DEMARS SIGNS. Motion carried unanimously.
16. Consideration of reviewing present city building cleaning services and
feasibility of creating custodial positiQn.
City Administrator Wolfsteller reported that Council requested additional
information on the present cleaning contracts for public buildings to help
determine whether a janitorial position needed to be established. It was
noted that in the past, the primary outside contract for cleaning services was
for city hall, as the library has retained the janitorial services of a retired
individual for a number of years. However, with the recent expansion of the
office, conference room, and lunch room facilities at the public works shop,
and with the relocation of the deputy registrar office, LKM Cleaning of Big
Lake was hired to perform daily cleaning at the deputy registrar office and
once -a -week cleaning at public works. The total current contracts amount to
approximately $17,600 annually, excluding services such as carpet cleaning.
Wolfsteller went on to report that after researching the possibility of creating
a full-time janitorial position, based on the City's present wage system, the
minimum salary would be $17,950 per year, not including benefits. This
amount is very close to the amount currently spent for contract services.
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AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND
SECONDED BY SHIRLEY ANDERSON TO CONTINUE WITH THE PRESENT
ARRANGEMENTS FOR CLEANING SERVICE FOR THE REMAINDER OF 1996
AND OBTAIN BIDS IN OCTOBER FOR CLEANING SERVICES AT PUBLIC
WORKS, DEPUTY REGISTRAR, AND CITY HALL. Motion carried unanimously.
17. Consideration of reviemdag bids and awarding contract for at public
/ •_n•
Public Works Director John Simola reported that bids for contract mowing
for Hi -Way Liquor, the library, the fire hall, and all public nuisance mowings
were received on May 7. The low bidder for the City's portion of the work
was Carefree Lawn Service of Monticello.
A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM
PERRAULT TO AWARD THE CONTRACT FOR MOWING AT PUBLIC BUILDINGS
TO CAREFREE LAWN SERVICE OF MONTICELLO. Motion carried
unanimously.
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310170111
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Public Works Director John Simola reported that additional research had
been completed and an equipment inventory list had been distributed to
Council as previously requested. Council was asked to reconsider purchasing
two personal computers at a cost of $4,311 to be utilized by the Water/Sewer
Collection Superintendent and the Public Works Secretary. In addition, the
purchase of an inkjet color printer was requested at a price of $1,688 to allow
printing of detailed graphs and drawings produced by the Meter Master and
CAD software packages. Simola noted that previously a laser printer was
also requested; however, a used model was acquired at no charge in
conjunction with the purchase of used furniture for the future treatment
plant administration building. The City also acquired a color graphics
plotter in the package deal, but it is outdated and Hewlett-Packard no longer
provides support for this equipment. Staff noted that if the plotter is
operational and supplies can be found, a less expensive inkjet printer could
be purchased for approximately $550.
AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON TO
APPROVE THE PURCHASE OF TWO PENTIUM 120 MHZ COMPUTERS AT A
COST OF $2,363 EACH, AND STAFF IS TO RETURN TO COUNCIL FOR
CONSIDERATION OF AN INKJET PRINTER IN THE EVENT THE COLOR
GRAPHICS PLOTTER IS NOT OPERATIONAL.
The Public Works Director requested that Council consider allowing staff to
purchase the inkjet printer if the plotter is not operational without returning
the item to Council for discussion.
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COUNCILMEMBER ANDERSON THEN AMENDED HER MOTION TO APPROVE
THE PURCHASE OF TWO PENTIUM 120 MHZ COMPUTERS AT A COST OF
$2,363 EACH, AND APPROVE THE PURCHASE OF AN INKJET PRINTER AT A
PRICE OF $1,688 IF THE COLOR GRAPHICS PLOTTER OBTAINED WITH THE
FURNITURE PURCHASE IS FOUND NOT TO BE OPERATIONAL. Motion was
seconded by Clint Herbst. Motion carried unanimously.
It was the consensus of Council to authorize staff to dispose of the old Wang
computer equipment currently in storage.
There being no further business, the meeting was adjourned.
Karen Doty
Office Manager
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