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City Council Minutes 04-13-1992MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, April 13, 1992 - 7:00 p.m. Members Present: Ken Maus, Shirley Anderson, Clint Herbst, Brad Fyle, Dan Blonigen Members Absent: None 2. Approval of minutes of the regular meeting held March 23, 1992. Brad Fyle suggested that condition #3 pertaining to item #5, consideration of adoption of plan for financing School Boulevard between Fallon Avenue and County Road 118, should include the actual sewer trunk charge that will be placed against lots in the Cardinal Hills development that are developed after phase II is completed. Assistant Administrator O'Neill suggested that the revision to item #3 could be stated as follows: "The City would lift the $500 per unit sewer trunk charge from lots developed with phase II of the development and place the per lot charge against the balance of the Cardinal Hills development area, which creates a new sewer trunk charge of $637 per lot." SEE ATTACHMENT A. After discussion, a motion was made by Dan Blonigen and seconded by Shirley Anderson to approve the meeting minutes as submitted with the correction as proposed by Brad Fyle. Motion carried unanimously. 4. Consideration of employee disciplinary action. Ken Maus noted that the City Council had reviewed the circumstances regarding this item at a special closed session of the City Council conducted prior to the Council meeting. After discussion, a motion was made by Clint Herbst to terminate Jody Thilquist due to gross insubordination. Dan Blonigen seconded the motion. During the discussion, City Attorney, Paul Weingarden, suggested that the motion incorporate the Administrator's report. Page 1 wy V rM Council Minutes - 4/13/92 Clint Herbst restated his motion as follows: Motion to terminate Jody Thilquist due to gross insubordination as outlined in the City Administrator's report to City Council regarding the matter. Dan Blonigen seconded the revised motion. After discussion, motion carried unanimously. Administrator Wolfsteller noted that he will be addressing concerns that Jody had regarding vacation pay that she felt she had coming and that he would make sure that her questions are addressed in a manner consistent with the personnel policy. Consideration of extending the Assistant Liquor Store Manager's probationary period. After discussion, a motion was made by Dan Blonigen and seconded by Shirley Anderson to extend Wanda Goenner's probationary period for three months beginning April 15, 1992. Motion is based on the recommendation made by the Liquor Store Manager and City Administrator in their report to Council. Motion carried unanimously. Review of first quarter liquor store financial report. Rick Wolfsteller reported that total sales were up over 9% from last year; however, gross profit appears to be down by a similar percent. Wolfsteller stated that the operating expenses are approximately $10,000 more than last year, which is due primarily to salaries of an additional employee and because of the expense of approximately $2,000 under equipment maintenance that occurred for replacement of cooler slides. After discussion, a motion was made by Brad Fyle and seconded by Shirley Anderson to accept the report as presented. Motion carried unanimously. Consideration of gambling license renewal - Monticello Jaycees. After discussion, a motion was made by Brad Fyle and seconded by Dan Blonigen to accept the summary report as presented and adopt a resolution approving the applications for renewal. Motion carried unanimously. SEE RESOLUTION 92-11. Page 2 Council Minutes - 4/13/92 8. Consideration of a conditional use request to expand a bowling alley facility in an I-1 zone. Applicant, Al Joyner. Assistant Administrator O'Neill described the proposal to Council. He noted that the proposal calls for installation of two volleyball courts along the south side of the property between Chelsea Road and the existing structure. The conditional use permit is necessary because the installation of volleyball courts represents an intensification or enlargement of an existing use; therefore, it is appropriate that the applicant obtain a conditional use permit prior to development of the volleyball courts. O'Neill went on to inform Council that the development will include two low-level decks. The decks will be connected to the entrance of the building and will be used as an outdoor lounge and eating area. Surrounding the decks will be a 6 - foot high wood fence with a net extension on top. O'Neill stated that Joyner's facility is not currently in compliance with certain aspects of the zoning ordinance; and according to the zoning ordinance, the facility must be in compliance with the ordinance prior to enlargement or intensification of the use. In this situation, Joyner Lanes was developed prior to recent updates to the landscaping ordinance; therefore, the existing landscaping does not meet present code. In addition, the sign system does not meet code. The present sign system exceeds the maximum square footage for signage by a significant margin. Council discussed the need for full compliance with code prior to allowing development of the volleyball courts. After discussion, a motion was made by Shirley Anderson and seconded by Dan Blonigen to grant the conditional use permit allowing expansion of the bowling alley in an I-1 zone subject to 1) the facility must be brought into compliance with the existing code pertaining to signage and dumpster screening, and 2) site landscaping must be updated to comply with the zoning ordinance, which requires that a minimum of 18 trees with a 2.5 -inch diameter be planted along with landscape plantings that would achieve 50% of their total tree requirement (36 trees). Voting in favor of the motion: Shirley Anderson, Dan Blonigen. Opposed: Brad Fyle, Ken Maus, Clint Herbst. Page 3 EN Council Minutes - 4/13/92 Clint Herbst stated that the degree of intensification of the use did not justify making the applicant comply fully with the landscaping requirements. After discussion, a motion was made by Clint Herbst and seconded by Brad Fyle to grant the conditional use permit with the following conditions: 1. A total of 18 trees must be planted. Of this amount, 4 trees must have a minimum diameter of 2.5 inches. The remaining 14 trees must be substantial but need not meet the 2.5 -inch diameter requirement. In addition, as allowed by ordinance, landscaped plantings must be included in lieu of 50% of the total tree requirement (36 trees). 2. The facility must be brought into compliance with the existing code pertaining to signage and dumpster screening. The landscaping requirement is based on the finding that the proposed volleyball courts will not result in a major intensification of the activity at the site; therefore, it is not reasonable to require that the site fully meet the landscaping code with the proposed expansion. The landscaping requirement as outlined is commensurate with the level of intensification of the use at the site. Voting in favor of the motion: Clint Herbst, Brad Fyle, Ken Maus. Opposed: Dan Blonigen, Shirley Anderson. Dan Blonigen stated that the City should be consistent in following the ordinance and that he does not understand not following the ordinance on a whim. Consideration of a conditional use request to allow auto body repair shop in a B-3 (highway business) zone. Applicant, John Johnson. Assistant Administrator O'Neill informed Council that John Johnson, owner of Monticello Auto Body, is proposing to build a structure to be leased to another company that does automobile pinstriping and automotive accessory installations. Staff interpreted the activity as being akin to auto body repair, which is allowed as a conditional use in the B-3 zone. O'Neill reviewed the ten conditions outlined by ordinance that must be complied with in order for an auto body shop to operate in a B-3 zone. Page 4 Council Minutes - 4/13/92 John Johnson was present and noted that the site and operation would comply with all the conditions as noted. After discussion, a motion was made by Brad Fyle and seconded by Dan Blonigen to approve the conditional use request to allow an auto body repair shop in a B-3 zone with the applicant complying with all ten conditions under the section of the zoning ordinance allowing auto repair shops to operate in a B-3 zone as a conditional use. Motion carried unanimously. 10. Consideration of a request for an ordinance amendment to include private retractable antenna tower to be allowed as a conditional use in a PZM zone. Location is all PZM zoned areas, and specifically, Block 1, Lot 1, Griefnow Addition. Applicant, Tom Ware. Assistant Administrator O'Neill informed Council that Tom Ware has requested a zoning ordinance amendment that would allow him to move his antenna tower currently installed in Big Lake Township to property located at Block 1, Lot 1, Griefnow Addition. O'Neill noted that the tower can be extended as high as 58 feet and is retractable to a level of 22 feet. O'Neill noted that the zoning ordinance as written does not allow antennas higher than 20 feet above the roof line. The ordinance amendment as proposed would allow radio antennas higher than 20 feet above the roof line to be installed in the PZM zone as long as certain conditions are met. Ken Maus noted his concern regarding the height of the proposed antenna. Brad Fyle was concerned that allowing an antenna in a PZM zone could set a precedent that could possibly result in similar antennas being installed in R-1 ( single family) or R-2 ( single and two family) zones. O'Neill responded by saying that adopting this ordinance amendment allowing erection of an antenna in the PZM zone, which is a commercial/multi-family zone, would not necessarily set a precedent that would enable a similar tower to be erected in a purely residential zone. After discussion, a motion was made by Clint Herbst and seconded by Dan Blonigen to adopt a zoning ordinance amendment allowing radio antennas and other communication transmission devices to be allowed in a PZM zone as a conditional use based Page 5 Council Minutes - 4/13/92 on the finding that the proposed use in a PZM zone is consistent with the character and geography of the PZM zone. SEE ORDINANCE AMENDMENT NO. 224. 11. Consideration of a conditional use allowing development of a short wave radio tower in a PZM zone. Applicant, Tom Ware. After discussion, a motion was made by Dan Blonigen and seconded by Clint Herbst to approve the request for a conditional use permit allowing development of a 58 -foot retractable radio antenna in a PZM zone subject to conditions noted by ordinance as follows and subject to the requirement that the applicant remove the ladder from the tower when the ladder is not in use: 1. Height: A ground -mounted communication device height shall not exceed 60 feet when fully extended. 2. Yards: The communication device shall not be located within a front yard setback, a required side yard, or any side yard abutting a street. Communication devices shall be located five (5) feet or more from rear lot lines and shall not be located within a utility easement. 3. Roofs: The communication device may be placed on the roof of any authorized structure on the premises. The height of the communication device shall not exceed 20 feet above the peak of the roof or roof line. 4. Neighboring Property Impact: The communication device shall be so constructed and located that in the event it falls, it will not fall on adjoining property. The communication device may be set back from adjoining property at a distance that is less than the height of the communication device if a certified engineer certifies that the device as constructed will not fall on adjoining property. 5. Building Permits: A building permit shall be required for the installation of any communication device which requires a conditional use permit, or for any device which has a structural surface exposure of greater than nine (9) square feet. Building permit applications shall be accompanied by a site plan and structural components data for Page 6 Council Minutes - 4/13/92 the communication device, including details of anchoring. The City Building Official must approve the plans before installation. 6. Color/Content: Communication devices shall be of a neutral color and shall not be painted with scenes or contain letters or messages which qualify as a sign. 7. Lightning Protection: Each communication device shall be grounded to protect against natural lightning strikes in conformance with the applicable state and local codes. 8. Electrical Code: Communication device electrical equipment and connection shall be designed and installed in conformance with the applicable state and local codes. 9. Use or the physical presence of the communication transmission device shall not interfere with the operation of electronic equipment, including televisions, radios, computers, etc. After discussion, motion carried unanimously. 12. Review of plans and specifications for West Bridge Park warming house/restrooms and authorization to advertise for bids. John Simola reported that at the February 10 meeting, the City Council authorized a contract with TKDA for preparation of plans and specifications for the West Bridge Park building. The design was to be based upon a number of changes. In February, City staff estimated the cost of the structure to be approximately $50,000, including architectural fees and sewer and water hookup. The estimated cost of the project would be $58,000, which is $2,000 under the 1992 budget. The actual project cost can only be determined, however, by bidding the project. Council discussion focused on the method for heating the structure. After discussion, a motion was made by Shirley Anderson and seconded by Brad Fyle to approve the plans and specifications with the provision that the plans include the use of a single furnace forced air system. Motion includes authorization to Page 7 Council Minutes - 4/13/92 advertise for bids with new bids to be returnable on Thursday, May 7, and reviewed by Council at the regular meeting on May 11. Motion carried unanimously. 13. Consideration of bids and award of contract for City Hall parking lot expansion. John Simola, Public Works Director, reported that the proposed City Hall parking lot expansion project consists of three parts: the parking lot construction, including curb and gutter and storm sewer; restoration and repair of the existing utility conduits; and new parking lot lighting. Simola reported that the estimated budget for the project, including the utility repairs, was $35,000. This amount was placed in the 1992 budget. Simola reported that based upon our budget and by using the lowest prices that have been bid, the City is $415 above budget with the project. After discussion, a motion was made by Clint Herbst and seconded by Shirley Anderson to award a contract for the parking lot expansion to Buffalo Bituminous for $27,619, to award the electrical work to Olson & Sons Electric for $3,986, and to purchase the light fixtures and poles from Site Amenities, Inc., for $3,819, for a total anticipated project cost of $35,415. Motion carried unanimously. 14. Review of architect/engineer requirement for plans and specifications --former fire hall remodeling project. Administrator Rick Wolfsteller reported that at the last Council meeting, preliminary plans were presented outlining the proposed remodeling project. The Monticello Help Center committee was requesting Council permission to begin the remodeling project in phases to correspond with the amount of funds they have accumulated. Council was informed that it appeared that the plans and specifications of the remodeling project would need to be prepared by a registered architect or engineer according to the state building code and state law. Council asked staff to investigate whether the requirement was a necessity or whether this provision could be waived at the local level. Wolfsteller reported that it appears that the City does not have the right to waive the requirement in this situation. Page 8 Council Minutes - 4/13/92 Dan Blonigen stated that we are going completely overboard by requiring that an architect review the plans. Blonigen stated that the scope of the project is not large enough to justify an architect's review. Rick Wolfsteller responded by saying that the state repealed the exemption for remodeling or building projects that are less than $100,000. Ken Maus noted that the City needs to determine what the intent of the law is. It was his view that care should be taken that all building code requirements are met during construction and that no shortcuts are taken. It was his view that if this occurs, then the intent of the law is met. Council reviewed the state code further. It was found that if the building does not change in its use classification in conjunction with the remodeling, then an architect is not required. Ken Maus noted that the building will be used primarily for storage of materials; therefore, it is his view that the principal use has not changed, and there is no need to have an architect review the plans. After discussion, a motion was made by Dan Blonigen and seconded by Clint Herbst to allow the remodeling to occur without review of plans by an architect based on the finding that the project is exempt from the requirement that an architect review plans because the principal use of the structure is not changing from its present primary use, which is warehousing and storage. Voting in favor of the motion: Dan Blonigen, Clint Herbst, Ken Maus, Shirley Anderson. Opposed: Brad Fyle. 15. Consideration of accepting responsibility for administering the interim program of wetland regulations. Assistant Administrator O'Neill requested that Council consider becoming the regulating governing unit responsible for administering the interim program of wetland regulations. This interim program was created as a subset of the Wetland Conservation Act of 1991, and the interim program is set to expire July 1, 1993. Adopting the interim program for wetland regulation provides the City with the authority to regulate wetland development within the city. If the City does not adopt the guidelines, then according to the Wetland Conservation Act, no development can occur in areas where non- exempt wetlands would be affected. Page 9 Council Minutes - 4/13/92 O'Neill noted that the City needs to accept responsibility for wetland regulations in order for the Cardinal Hills development to move forward, as certain small wetland areas are affected by the proposed development. After discussion, a motion was made by Shirley Anderson and seconded by Dan Blonigen to accept responsibility for administering the interim program of wetland regulations for wetlands within the city of Monticello. Motion carried unanimously. Shirley Anderson noted that this set of regulations is another example of the state of Minnesota imposing responsibilities upon local government without providing funds to cover the cost associated with the imposition of the state program. 16. Consideration of a resolution certifying the adequacy of the wetland replacement plan for phase II of the Cardinal Hills residential subdivision. Assistant Administrator O'Neill noted that since Council has accepted responsibility for administering the interim program, Council is responsible for applying these guidelines to the Cardinal Hills residential subdivision. O'Neill asked that Council review the wetland information relating to the Cardinal Hills subdivision and consider adopting a resolution certifying adequacy of the replacement plan. After discussion, a motion was made by Brad Fyle and seconded by Shirley Anderson to adopt a resolution certifying the adequacy of the wetland replacement plan for phase II of the Cardinal Hills residential subdivision. Motion carried unanimously. SEE RESOLUTION 92-12. 17. Consideration of a resolution approving plans and specifications and ordering advertisement for bids, Project 92-02 (School Boulevard) and Project 92-07 (phase II of Cardinal Hills). Assistant Administrator O'Neill reviewed an update to the plans which called for development of a pedestrian walkway along the western boundary of the proposed park to School Boulevard. Council discussed design concepts and methods for financing the walkway. Page 10 Council Minutes - 4/13/92 Tom Holthaus of Value Plus Homes, Inc., indicated that they would prefer that they would be allowed to construct the pedestrian walkway and that the plans should indicate grading of the walkway area only. Assistant Administrator O'Neill stated that the terms associated with the developer installing the pedestrian walkway could be included in the development agreement. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to adopt a resolution approving plans and specifications and ordering advertisement for bids for Project 92-02 (School Boulevard) and Project 92-07 (phase II of Cardinal Hills). The plans should include grading of the pedestrian walkway area with construction done by others. Motion carried unanimously. SEE RESOLUTION 92-13. 18. Consideration of rescheduling public hearing on the School Boulevard improvement from 7:00 p.m., April 13, 1992, to 7:00 p.m., May 11, 1992. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to reschedule the public hearing on Project 92-02 from April 13, 1992, to May 11, 1992. Motion carried unanimously. 19. Consideration of an offer to purchase future 7th Street right- of-way - Mary Kramer property. Council reviewed the offer to sell the Mary Kramer property made by Kramer to the City of Monticello. Rick Wolfsteller reported that Mary Kramer would like to sell the property to the City in the amount of $189,300. The selling price was based on an appraisal of the property conducted by Jack Maxwell in 1990. Wolfsteller went on to note that at some point in time, the City will need to acquire this property in order to extend the 7th Street right-of-way as outlined in the comprehensive plan. Wolfsteller also noted that it is his understanding that state aid funds to highways are available from the state of Minnesota to finance this purchase because 7th Street is on our state aids to highways plan. Brad Fyle and Dan Blonigen both mentioned that the proposed cost is too high and that it was their view that market value of the property is less than the asking price. Page 11 Council Minutes - 4/13/92 Debbie Kramer was present to express the Kramer's genuine interest in selling the property. She noted that Kramers would be interested in establishing terms that are favorable to the City. She noted the problem that they have had in being able to sell the property. It was her opinion that the property has not been attractive because it is located in the path of the future 7th Street. Ken Maus noted that we have identified 7th Street on our overall system and have identified its proper route. It's not whether or not we need it but when we need the home. He noted that he was in favor of acquiring the property; however, it was his view that the price and terms should be further negotiated. After discussion, it was the consensus of Council to direct staff to further negotiate with Kramers regarding the purchase of the subject property. 20. Update from OSM on design of public works facility phase I. Bret Weiss reviewed the design of the public works facility phase I. John Simola reported that there have been two building committee meetings and one staff meeting with OSM and Winsor/Faricy. Based upon those discussions, we've set a preliminary schedule for the design and bidding process. Following are the dates agreed upon: April 27 Council approval of preliminary plans and authorization to advertise for bids May 11 Council approval of final plans May 29 Bids received June 8 Award of contract for construction of phase I No action requested or taken on this matter. 21. Consideration of purchasing accident insurance coverage for city volunteers. Rick Wolfsteller requested that Council consider purchasing a policy that would protect volunteers working on city projects. The cost of the insurance is $500 annually. It was the consensus of Council that the added insurance coverage is not necessary at this time. Page 12 Council Minutes - 4/13/92 22. Consideration of a request for (1) day set-up/3.2 beer license for Ducks Unlimited Banquet and one (1) day 3.2 beer license for Julv 5 Riverfest Celebration - Lions Club. A motion was made by Clint Herbst and seconded by Brad Fyle to approve the license requests as submitted. Motion carried unanimously. 23. Consideration of Arbor Day Proclamation and observance. A motion was made by Shirley Anderson and seconded by Clint Herbst to proclaim Friday, April 24, 1992, as Arbor Day and to observe it by having a small tree planting ceremony in one of the parks or on one of the other City properties. Motion carried unanimously. Jeff O'Neill Assistant Administrator Page 13 Council Minutes - 4/13/92 ATTACHMENT A Total lots proposed with Cardinal Hills - 252 Minus phase I lots - 24 Minus phase II lots - 49 Remaining lot balance - 179 Total Lot Charge Deferred with Phase II - 49 X 500 = $ 24,500 Lot Charge Deferred/Remaining Lot Balance = $137 ($24,500) (179) Per Lot Deferred + Original Lot Charge = New Per Lot Charge ($137) ($500) ($637) Page 14