City Council Minutes 07-13-1992MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, July 13, 1992 - 7 p.m.
Members Present: Ken Maus, Shirley Anderson, Clint Herbst, Brad
Fyle, Dan Blonigen
Members Absent: None
2. Approval of minutes.
Brad Fyle corrected item #5 of the June 22, 1992, minutes by
noting that he voted in opposition to awarding sidewalk
improvement project 92-08SW.
After discussion, a motion was made by Shirley Anderson and
seconded by Brad Fyle to approve the minutes of the regular
meeting held June 22, 1992, as corrected. Voting in favor:
Ken Maus, Brad Fyle, Shirley Anderson, Clint Herbst. Dan
Blonigen abstained, as he did not attend the meeting of
June 22, 1992.
3. Citizens comments/petitions, requests, and complaints.
None forthcoming.
4. Consideration of a zoning ordinance amendment to home
occupation regulations eliminating the requirement that no
other than persons residing on the premises shall be employed.
Applicant, Dave and Joan Thielman.
Assistant Administrator O'Neill informed Council that the
zoning ordinance amendment request stems from a home
occupation permit application submitted by Dave and Joan
Thielman. Thielmans have nearly completed their new home at
210 Jerry Liefert Drive and wish to engage in a home
occupation at this location that would include hiring of one
part-time employee. They hope to hire a second employee if
the business grows. O'Neill noted that the Thielmans
coordinate band tours and high school music festivals done
entirely through the use of the telephone. No clients come to
the office to conduct business. O'Neill noted that in order
for the Thielmans to conduct the business as proposed, the
city ordinance will need to be amended to allow employees to
work at a home occupation.
O'Neill reported that the Planning Commission reviewed the
situation, and on a 3-2 vote recommended to deny approval of
the zoning ordinance amendment based on the finding that
allowing employees to work at the home is not consistent with
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the comprehensive plan. Planning Commission was concerned
that allowing employees at a home occupation, no matter how
transparent to the neighborhood, could open the door to future
home occupation activities utilizing employees that would
operate in a manner that would have a negative impact on the
residential character of a neighborhood.
Dave Thielman provided a detailed review of his business and
noted the circumstances leading to the request for the zoning
ordinance amendment.
Ken Maus noted that the city ordinance as it now exists does
allow home occupations that may be less transparent to the
neighborhood than the home occupation proposed by Thielmans.
It was his view that the ordinance should provide for an
exception that would allow an employee to work at the site if
the presence of the home occupation in the neighborhood can
remain transparent.
George Brandon noted that businesses should remain in
commercial areas. Allowing businesses to operate in
residential areas in homes creates unfair competition with
businesses that pay commercial taxes or pay rent to a landlord
that pays commercial taxes. Brandon was also concerned about
the difficulty in policing home occupations with employees.
Clint Herbst recognized that Thielmans are good neighbors and
will be an asset to the neighborhood; however, Herbst was
concerned about setting a precedent. He was concerned that a
different operator of a home occupation with employees might
not be as neighborly.
Shirley Anderson concurred with Clint Herbst's view.
Dan Blonigen noted that the intent of the ordinance is to
assure the neighborhood that the home occupation will not
become a detriment. He was not sure if the ordinance as
written accomplishes that intent.
Brad Fyle noted that he would like to see a variance or an
exception to allow the Thielmans to operate their home
occupation as proposed with an employee.
Assistant Administrator O'Neill noted that some cities use a
two-tier approach when reviewing home occupation proposals.
O'Neill suggested that the Council consider adopting an
ordinance amendment that would provide a mechanism enabling
the distinction between permitted home occupations and special
home occupations. Home occupations that meet minimum
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requirements (permitted home occupations) may be allowed
through an administrative process. Home occupations that do
not operate in a manner completely consistent with minimum
requirements such as the Thielman home occupation would be
allowed only after a determination is made by the Planning
Commission and City Council via the public hearing process
that the special home occupation operates in a manner that is
consistent with the intent of the ordinance. Under the
proposed zoning ordinance amendment, special home occupations
would be reviewed on a case-by-case basis.
Dick Frie stated that his home is next to the Thielman
residence and that he sold the lot to the Thielmans fully
aware of the home occupation. He noted that he would not have
sold property to Thielmans if he thought the Thielman home
occupation would diminish his property value. Frie stated his
support for an amendment to the zoning ordinance which would
allow flexibility in addressing home occupations that do not
entirely meet the minimum requirements but operate in a manner
that makes them transparent to the neighborhood.
After discussion, a motion was made by Brad Fyle and seconded
by Dan Blonigen to call for a public hearing on development of
an ordinance amendment updating regulations governing home
occupations. Voting in favor: Brad Fyle, Dan Blonigen,
Shirley Anderson, Ken Maus. Opposed: Clint Herbst.
A motion was made by Dan Blonigen and seconded by Ken Maus to
table consideration of an ordinance amendment to home
occupation regulations eliminating the requirement that no
other than those persons residing on the premises shall be
employed. Motion carried unanimously.
5. Consideration of an offer to purchase future 7th Street right -
of -way --Marvin Kramer property.
In his written report to Council, Rick Wolfsteller, City
Administrator, recommended that the City acquire the Marvin
Kramer property. The appraisal now available keeps our cost
under $150,000, and municipal state aid funds are available to
reimburse us for this expense. Wolfsteller noted that if the
City has to deal with another property owner in the future or
go through condemnation when the road is needed, it is
possible that the City could be paying much more than our net
holding cost could be today.
Ken Maus noted that the appraisal came in at a cost close to
the amount that the City Council indicated that it was
previously willing to pay for the property.
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Clint Herbst agreed that the City should go ahead with this
purchase.
After discussion, a motion was made by Clint Herbst and
seconded by Dan Blonigen to accept the appraisal and offer to
purchase the property for $135,000 plus the City assuming
$14,307 in assessments and agreed to pro -rate the real estate
taxes for the balance of the year, August 1 through
December 31. Motion carried unanimously.
6. Consideration of increasing police contract hours for 1993.
In his report to Council, Wolfsteller noted that the Police
Commission recently met with Sheriff Don Hozempa and Chief
Deputy Don Lindell to discuss our current level of service
provided under our police contract and to consider the need
for increasing coverage in the future. The Police Commission
was informed that in the past few years, calls for service
throughout the day have increased significantly and response
times have suffered during certain hours.
After discussing the need for increased coverage within
Monticello, the Commission recommended that the City Council
increase the coverage level in 1993 to accommodate a 24 -hour -
per -day coverage with an additional 8 hours for a second
deputy on Fridays and Saturdays.
Wolf steller noted that the additional coverage would allow the
City to have a deputy on duty between the hours of 6 a.m. and
9:30 a.m. Presently, there is no consistent police presence
in the community at this time. Wolf steller explained that the
City has received inquiries and complaints regarding speed
violators along Broadway during these hours. In addition, as
the community keeps growing, crimes and calls for service will
be increasing as they have in the recent past.
Clint Herbst noted that the overall cost of providing police
protection via the Sheriff's contract is getting close to a
point where the City needs to be investigating the need to
start our own police department.
Brad Fyle was concerned about the cost. He noted that the
City of Buffalo police fund is pushing $600,000 versus the
proposed 1993 cost to the City of Monticello of $261,500.
Lieutenant Lindell outlined the benefits of having 24-hour
coverage. He stated that 24-hour coverage would give the City
more flexibility in realigning some of the hours. In
addition, response time and service during morning hours would
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improve. Currently, all calls taken between 6 a.m. and
9:30 a.m. must be responded to by two cars roving in the
county. These cars may at any particular time be quite some
distance from the city. By increasing the hourly coverage to
24 hours, the City can be assured excellent response time to
all calls any time of the day.
After discussion, a motion was made by Shirley Anderson and
seconded by Brad Fyle to approve increasing coverage to 24
hours per day and include a second deputy 8 hours per day on
Fridays and Saturdays starting in 1993, increasing coverage
from 7,321 hours to 9,176 hours, and increasing the 1993
budget by $52,867 over the present contract amount. Voting in
favor: Ken Maus, Brad Fyle, Shirley Anderson. Opposed:
Clint Herbst and Dan Blonigen. Blonigen and Herbst stated
that the need has not been demonstrated sufficiently for the
additional morning coverage.
7. Consideration of a request to amend a condition of a
previously -approved conditional use permit. Applicant,
Hillside Partnership/Sixth Street Annex. AND
8. Consideration of a variance request to allow less than the
minimum off-street parking spaces. Applicant, Hillside
Partnership/Sixth Street Annex.
Assistant Administrator O'Neill reported that the Planning
Commission reviewed the request submitted by Hillside
Partnership which would allow a restaurant facility to be
allowed in the Sixth Street Annex. O'Neill noted that the
original conditional use permit did not allow a restaurant
facility because the site plan did not contain enough parking
spaces to satisfy the demand created by a restaurant facility.
O'Neill noted that the Planning Commission finding was based
on a report provided by the City Planner.
O'Neill reported that the Planning Commission recommended that
the Sixth Street Annex conditional use permit be amended to
allow a restaurant contingent on the total restaurant square
footage and associated parking not exceeding parking stall
capacity. Amendments to the approved parking plan showing
additional spaces shall not compromise screening requirements
as identified in the approved landscaping plan.
O'Neill noted that under this alternative,
Annex is able to develop 10 more parking
would then have enough parking spaces
1,900 sq ft restaurant.
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spaces on site, it
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Council Minutes - 7/13/92
Clint Herbst noted that the popularity of restaurants is very
unpredictable. It could occur that the parking demand for the
restaurant will create a problem for parking in the rest of
the development area. Herbst also noted that many of the
parking spaces are located in the rear of the structure and
are not easily accessible.
After discussion, a motion was made by Clint Herbst and
seconded by Dan Blonigen to deny approval of the amendment to
the conditional use permit allowing a restaurant facility in
the Sixth Street Annex. Motion is based on the finding that
available parking at the site is insufficient due to the fact
that the surplus parking spaces necessary to accommodate the
restaurant are located in an area with poor accessibility to
restaurant patrons. Voting in favor: Clint Herbst, Dan
Blonigen, Shirley Anderson, Ken Maus. Opposed: Brad Fyle.
9. Consideration of redesign of Bridge Park restroom warming
house building with the option for the City to be the general
contractor for the project.
John Simola, Public Works Director, reported that he met with
Haymaker Construction, the architect, and with local
contractors in an effort to outline a plan for completion of
the Bridge Park restroom warming house in the most cost-
effective manner. Simola recommended that the Public Works
Director and Street/Park Superintendent be authorized to
negotiate a design change with TKDA not to exceed $1,500 and
to bid or quote out the individual portions of the work to
local area contractors with City staff being the general
contractor. Simola noted that he's confident that this would
bring a package back to the City Council that would be within
budget.
Dan Blonigen objected to providing additional funds to the
architect. It was his view that the City should cease working
with an architect and hire a draftsman to complete any design
changes. These design changes could then be reviewed by an
architect.
Ed Delaforest noted that a public building such as a warming
house cannot be designed in this manner according to state
statutes. State statutes require that the actual design work
be either conducted by the architect or actually done under
the supervision of an architect. Delaforest did not think
that an architect would sign off on plans that were done by
someone out of his direct supervision.
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After discussion, a motion was made by Brad Fyle and seconded
by Dan Blonigen to place the West Bridge warming house project
on hold until the first of the year and authorize City staff
to request that TKDA redesign the warming house without the
City paying additional design costs. Motion carried
unanimously.
10. Consideration of final payment to Buffalo Bituminous for City
Hall Parking Lot Project 92-01.
John Simola reported that all of the work performed by Buffalo
Bituminous is complete and acceptable, and it is recommended
that the City Council authorize final payment.
After discussion, a motion was made by Dan Blonigen and
seconded by Clint Herbst to authorize final payment to Buffalo
Bituminous for the city hall parking lot construction in the
amount of $1,426.38 pending receipt of standard state forms
and lien waivers. Motion carried unanimously.
11. Consideration of final payment to Olson & Sons Electric, Inc. ,
for City Hall Parking Lot Lighting Project 92-05.
John Simola reported that the project is now complete with the
exception of a small problem with one of the time clocks,
which is anticipated to be corrected by the time of Monday
evening's meeting. Simola went on to recommend that the City
Council authorize final payment to Olson & Sons Electric for
$1,993.
After discussion, a motion was made by Clint Herbst and
seconded by Dan Blonigen to make final payment to Olson & Sons
Electric for the City Hall Parking Lot Lighting Project 92-05
in the amount of $1,993. Motion carried unanimously.
12. Consideration of final payment to Electric Systems of Anoka,
Inc., for Ballfield Lighting Project 92-01BFL.
John Simola reported that the ballfield lighting project,
which consisted of lighting one baseball field and one
softball field at the City's fields near the NSP Training
Center, is now complete. The lighting levels have been
verified for the specification and found to be excellent.
More than 50-60 games have been played or finished under the
lights, and we all have received many compliments from local
people as well as out-of-town visitors.
Simola went on to recommend that final payment to Electric
Systems of Anoka in the amount of $13,276 be made.
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Council Minutes - 7/13/92
After discussion, a motion was made by Clint Herbst and
seconded by Shirley Anderson to authorize final payment to
Electric Systems of Anoka, Inc., for $13,276.80 contingent
upon delivery of as -built plans and appropriate lien waivers
and state forms. Motion carried unanimously.
Consideration of advertising for City Assessor services.
In his report to Council, Rick Wolfsteller reported that since
September 1989, the City has had a contract arrangement with
Peggy Stencel to perform assessing duties for the City of
Monticello. Peggy Stencel recently submitted her resignation
as City Assessor; as a result, the City will have to seek the
services of another assessor or attempt to utilize the County
Assessor for city assessment work.
Wolfsteller went on to recommend that the City request
proposals from qualified individuals to perform part-time
assessing functions. If after a few weeks of advertising we
do not find a qualified individual, the City Council could
then consider creating a job description for a full-time
position that could include assessing duties and other zoning/
building inspection functions.
After discussion, a motion was made by Brad Fyle and seconded
by Shirley Anderson to authorize advertisement for services of
a City Assessor and request proposals from individuals for a
part-time contracting arrangement. Motion carried
unanimously.
Consideration of authorizing senior citizen building roof
repairs.
Rick Wolfsteller, in his report to Council, noted that City
staff has been informed that the senior citizen building has
been experiencing water leaks during rain storms. Wolfsteller
went on to outline the options for repairing the roof.
After discussion, a motion was made by Brad Fyle and seconded
by Dan Blonigen to authorize the senior citizen building roof
to be repaired by High Tech Roofing at a base bid amount of
$1,416.
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15. Consideration of providing the Value Plus developers with a
trunk sewer fee credit in an amount equal to the added cost
associated with constructing a deep sewer line capable of
serving the area south of Cardinal Hills development area.
Assistant Administrator O'Neill informed Council that the
sanitary sewer system serving phase II of Cardinal Hills was
designed to facilitate a street and utility connection point
for future development of the area south of Cardinal Hills.
This design required that the system be installed at a deeper
elevation than what would be necessary if it had been designed
to serve only phase II. Even though the deeper sewer design
added $33,600 to the initial cost of the sewer line, it was
selected because it would, in the long term, significantly
reduce the cost to serve the area south of Cardinal Hills.
The present development agreement governing the financing of
Cardinal Hills improvements requires that the developer pay
the oversizing cost via the assessment process. The developer
is concerned about the prospect of financing the added cost
associated with providing sewer access to another property.
O'Neill reported that it is the recommendation of City staff
that the sewer system be constructed as planned with the
deeper design and that Council amend the development agreement
by granting the Value Plus developers a trunk sewer fee credit
in an amount equal to their added cost associated with the
deep extension of the sewer line. This alternative is
recommended because the deeper design is the least expensive
option for providing trunk sewer service to points south of
Cardinal Hills and results in the best ratio of land made
developable versus cost, which creates the best potential for
recovering trunk sewer expenses via revenue generated by trunk
sewer fees. In addition, granting a credit against the
developer's trunk sewer expense makes sense because the added
cost to extend the deeper line is, in actuality, a trunk cost
or an expense associated with providing sewer service to an
area beyond lots improved by the sewer line.
Finally, O'Neill noted that this alternative has no direct
impact on the taxpayer. The actual up -front cost from the
deeper line will be paid via the assessment against each lot
built with phase II. In exchange, the City will be giving up
short-term collection of trunk fees through phase II and part
way into phase III. Long-term collection of the cost to
extend the trunk line through phase II would then be recovered
through trunk fees charged against new areas developed south
of Cardinal Hills.
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After discussion, a motion was made by Clint Herbst and
seconded by Dan Blonigen to amend the development agreement
governing phase II of the Cardinal Hills subdivision by
granting the Value Plus developers a trunk sewer fee credit in
an amount equal to the added cost associated with the deep
extension of the sewer line ($33,600). Motion carried
unanimously.
16. Consideration of adopting 1993 Monticello Heartland Express
Management Plan and adopting a resolution entering into a
contract with the State of Minnesota Department of
Transportation to provide public transportation.
Assistant Administrator O'Neill reviewed ridership and budget
trends. He summarized the statistics by noting that the cost
to operate the system has decreased while at the same time,
fare revenue has decreased slightly. As a result, the cost to
the City to operate the bus system in 1992 is projected to be
$1,400 less than budget. O'Neill noted that the 1993
projected budget projects a total operations cost of $65,919,
with revenue sources including $39,552 from the State of
Minnesota, $9,591 from fare revenue, and $16,777 from the
City. The 1993 proposed City contribution is $1,000 less than
the contribution approved for 1992.
Shirley Anderson noted that City staff has been able to reduce
administrative expenses associated with this program through
the use of a computerized reporting system and by allocating
more of the time necessary to prepare the state reports to
clerical staff.
Ken Maus suggested that the Monticello Transportation Advisory
Committee should focus harder on marketing the bus system. It
was the consensus of Council that the advisory committee
should also consider adjusting the fare schedule in an effort
to increase the portion of the cost paid by bus riders.
After discussion, a motion was made by Shirley Anderson and
seconded by Clint Herbst to adopt the 1993 Monticello
Heartland Express Management Plan and adopt a resolution
entering into a contract with the State of Minnesota
Department of Transportation to provide public transportation.
Motion carried unanimously. SEE RESOLUTION 92-18.
17. Other matters.
John Simola reported that the excavation work necessary to
prepare the foundation for the public works facility is not
progressing as expected due to the fact that the material
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under the structure included more debris than expected. Due
to this problem, there was a need to oversize the excavation
area more than originally anticipated. In order to properly
fill and compact the larger excavated area, the City will need
to bring in 2,000 to 3,000 cubic yards more fill material.
Solving the problem will add approximately $15,000 to the cost
of the project. This should not, however, delay the project.
Simola noted that the excavated material is being moved to a
berm on Outlot A of Country Club Manor. The berm will be 40
ft wide and 6 ft high. Simola noted that the berm will be
shaped properly, covered with topsoil, and seeded as quickly
as possible.
John Simola requested that Council consider a change order to
the public works facility project that would allow
installation of foam insulation versus bead insulation.
Simola noted that the foam application will benefit the
facility by providing approximately 30% more wall insulation
than the styrafoam beads. The added cost will be $1,500.
After discussion, a motion was made by Brad Fyle and seconded
by Shirley Anderson to approve a change order allowing foam
insulation to be installed at the public works facility versus
bead insulation within the blocks.
John Simola informed the City Council that the building
contractor has offered to install a raked joint block instead
of a concave joint block at an added cost of only $1,200.
Simola noted that the raked joint block will provide added
texture to the wall of the structure and would be for
aesthetic reasons only.
After discussion, a motion was made by Clint Herbst and
seconded by Brad Fyle to adopt a change order authorizing
installation of raked joint block if the price of the raked
joint block application can be reduced to equal the cost of
the concave joint scored block wall. Motion carried
unanimously.
There being no further business, the meeting was adjourned.
Je if VNeill
Assistant Administrator
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