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City Council Minutes 04-10-1989MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, April 10, 1989 - 7:30 p.m. Members Present: Ken Maus, Fran Fair, Warren Smith, Dan Blonigen, Shirley Anderson Members Absent: None. 1. Call to order. 2. Approval of minutes. Motion was made by Dan Blonigen, seconded by Fran Fair, and unanimously carried to approve the minutes of the regular meeting held March 27, 1989. 3. Citizens comments/petitions, requests, and complaints. None forthcoming. 4. Public Hearing - Consideration of vacating streets and utility easements associated with the Meadows subdivision. A public hearing on this matter was opened and continued to the next regular meeting of the City Council. 5. Consideration of approving plans and specifications and authorizing advertisement for bids for extension of Marvin Elwood Road - The Meadows. After discussion, motion was made by Dan Blonigen, seconded by Shirley Anderson, to adopt a resolution approving plans and specifications as presented by Meyer-Rohlin and authorized advertisement for bids for the extension of Marvin Elwood Road in the replatted Meadows subdivision. Motion carried unanimously. SEE RESOLUTION 89-11. 6. Consideration of resolution setting a re -assessment hearing for prior public improvements - Edgar Klucas property. Administrator Wolfsteller informed Council that staff is uncomfortable with the large potential assessment against Mr. Klucas's property that has never been officially recorded. Such an unrecorded assessment places a burden on the City, as staff must always remember that this property has never paid an assessment and must pay one in the future. By adopting an assessment, even if it's deferred, it places everyone on notice, including a future buyer of the property, that sewer and water and street improvements have not been paid. Wolfsteller further recommended that Council set a re -assessment hearing to correct this omission for May 8, 1989. After discussion, motion was made by Warren Smith, seconded by Fran Fair, to adopt a resolution setting a hearing on the re -assessment of Improvement Project 81-1 on May 8, 1989. Motion carried unanimously. SEE RESOLUTION 89-12. 1 Council Minutes - 4/10/89 7. Consideration of ordinance amendment deleting Industrial Development Commission and consideration of amendment establishing the Economic Development Authority. AND 8. Consideration of appointing members to the EDA. AND 9. Consideration of adoption of Greater Monticello Fund Guidelines. AND 10. Consideration of adoption of Joint Powers Agreement outlining economic development powers of the City Council, Housing and Redevelopment Authority, and the Economic Development Authority. Staff reviewed the general consensus of the Council that was formed at the previous meeting as follows: Long term economic health of the community depends on the expansion of the City tax base. Implementation of this fund will contribute toward diversification of the tax base and result in a healthier local economy. Following are specific economic conditions that the Greater Monticello Enterprise Fund is designed to address. 1. GMEF contributes toward diversification and expansion of existing tax base which reduces reliance on a single major taxpayer. 2. Sixty-five percent (65%) of city workers commute to vocations located outside the city limits. This program will contribute towards creation of local jobs for those Monticello citizens that now commute to work. 3. Development of the revolving loan program is partially in response to competition presented by other communities. The program allows the City to compete on equal footing with communities that are using similar funding programs effectively. Assistant Administrator O'Neill also noted two changes to the original document which were made in response to the previous meeting's discussion. He noted that the maximum amount of project funding that could be contributed from this fund was reduced from 40% to 30%. In addition, an amendment was made to require the user of this program to finance at least 10% of the initial project cost. Shirley Anderson supported economic development efforts but noted she would be happier if the fund was a private fund and that she did not necessarily agree with the idea of using City funds for economic development purposes. Dan Blonigen stated that screening is the all important issue. He went on to say he has some apprehension about the program but still agrees with the criteria for granting loans as outlined in the program guidelines. Blonigen agreed with the concept of investing in industrial development utilizing this method, as City action to 2 Council Minutes - 4/10/89 encourage the expansion of the industrial tax base will ultimately benefit the citizens of Monticello. He again stressed that this program should be used thoughtfully and conservatively. Ken Maus noted that one of the benefits of this program is that the results are measurable. Money spent on this particular economic development effort results in concrete activity; and its productivity is easy to measure. It was emphasized by Mayor Maus that each project must meet certain criteria or public purpose prior to being funded via this program. Maus suggested that job creation be identified as the major public purpose criteria and that all projects funded must create jobs. Council agreed with the recommendation of the Mayor, and O'Neill noted he would adjust the policy guidelines accordingly. After discussion, motion was made by Warren Smith to adopt an ordinance amendment deleting the Industrial Development Commission and establishing the Economic Development Authority, and to adopt the Greater Monticello Enterprise Fund Guidelines as modified, and to adopt the Joint Powers Agreement outlining economic development authorities of City Council, Housing and Redevelopment Authority, and Economic Development Authority. Motion was seconded by Fran Fair. Motion passed unanimously. SEE ORDINANCE AMENDMENT NO. 172. Another motion was made by Warren Smith to appoint Bob Mosford, Barb Schwientek, Harvey Kendall, Ron Hoglund, and Al Larson to the Economic Development Authority. Motion seconded by Dan Blonigen. Motion passed unanimously. Council then requested that consideration of Council membership on the EDA be placed on the next City Council meeting agenda. 11. Consideration of approving preliminary plat - Evergreens subdivision. Assistant Administrator O'Neill indicated to Council that a public hearing was held on this matter by the Planning Commission and that the Planning Commission approved the preliminary plat for the entire Evergreens subdivision. He went on to note that the rezoning issues and approval to expand the trailer park were considered by the Planning Commission but will not be on the Council agenda until final plat approval is considered. John Simola recognized that the State Pollution Control Agency and Health Departments govern the Kjellberg East Mobile Home Park and concurred that they need to be actively involved in this situation. However, he was somewhat uncomfortable with relinquishing City authority to these organizations in dealing with any pollution problems that exist associated with the Kjellberg East Mobile Home Park. Brad Larson indicated that language is built into the developer agreement which would require that the Kjellberg East Mobile Home Park be connected to City utilities if the Pollution Control Agency or State Health Department took action against the mobile home park or the City 3 Council Minutes - 4/10/89 in an effort to resolve the pollution problem. The development agreement provides the City with the authority to hook up the mobile home park to the City system at a later point in time, with the cost of the hookup being assessed back to the mobile home park operator. Ken Maus stressed the point that the City is not financing any of this project. The developer is expending his funds to service the area without any expenditure of City funds for extension of a deep trunk line. Furthermore, the $200 hookup fee and surcharge applied to the Evergreens development will contribute towards establishing a fund which will ultimately pay for that area's portion of a trunk line when it is needed sometime in the future. Fran Fair was concerned about any potential pollution problems in the area and wondered what the Pollution Control Agency and State Health Department were intending to do about the problem. With regards to the pollution problem, Ken Maus repeated that PCA officials stated that the mobile home park will be required by the PCA to hook on to the City system as part of phase I of the development. At this point, a discussion regarding the park area on the preliminary plat ensued. Assistant Administrator O'Neill noted that the park area provided is larger than what is required by ordinance by one-half of an acre. However, almost 50 percent of the park area is under the power line easement. Roger Mack of the Parks Department suggested that the park design could be improved by removing some of the residential lots that border the park on the north side. He went on to outline some of the problems between the neighbors and park users when the two uses are in close proximity. It was Ken Maus's view that the park could be designed to mitigate conflict between the two uses with placement of berming, landscaping, and fencing. ,john Simola noted that although the park design is not perfect, it results from intense negotiations where both sides compromised. There being no further discussion on this issue, motion was made by Warren Smith, seconded by Shirley Anderson, to approve the preliminary plat for the entire Evergreens subdivision. Voting in favor: Warren Smith, Shirley Anderson, Fran Fair, Ken Maus. Opposed: Dan Blonigen. As the preliminary plat of the entire area was approved with this motion, each phase of the plat development in the future will require final plat approval only. 12. Consideration of amendments to Section 3-9[E]4 and 3-9[E]4(c) of the Zoning Ordinance pertaining to the regulation of pylon sign height, sign area, and the number allowed per business along Highway 25 Interstate 94 corridors in the city of Monticello. Applicant, City of Monticello. Assistant Administrator O'Neill informed Council that the Planning Commission conducted a public hearing on the proposed sign amendments and recommended passage of the sign ordinance amendments as noted in the agenda supplement for the special meeting held April 3, 1989. It 4 Council Minutes - 4/10/89 was noted by Ken Maus that this item had been discussed at length at the previous Council meeting and at that time it was agreed that the amendment represents a workable compromise between the desire by some businesses for larger signs and the need to control the size of signs that might be placed in close proximity to each other. The amendment does not propose to reduce the size of signs now allowed to any of the property owners on Highway 25; while at the same, the total sign area with any business, no matter how much frontage they own, is limited to 100 sq ft. After discussion, motion was made by Dan Blonigen, seconded by Shirley Anderson, to adopt an ordinance amendment and approve the formula for the establishment of a maximum sign square footage in the Highway 25/ I-94 corridor as follows: a) The 10 sq ft of sign area per 3.03 lineal feet of front footage with the following exception: 1. All properties allowed a minimum of 50 sq ft of sign area regardless of the lineal front feet on Highway 25. 2. The maximum size allowed would be 100 sq ft regardless of the lineal front feet on Highway 25. In case of the subject property directly abutting State Highway 25, pylon sign area may range from 50 feet to 100 feet, depending on the total lineal feet fronting Highway 25. Ten (10) square feet of pylon sign area is allowed per every 3.03 feet of lineal front footage with the following exception: 1. All properties may erect a pylon sign with a sign area of 50 sq ft regardless of front footage abutting Highway 25, and the maximum pylon sign area shall not exceed 100 sq ft regardless of total lineal footage of property abutting Highway 25. b) Approve the maximum sign height in the I-94/Highway 25 corridor to a maximum of 22 feet in height. c) Reaffirm the maximum amounts allowed in the 800 lineal feet from the I-94 area as follows: The maximum pylon sign square footage remain at 200 sq ft; the maximum sign height remain at 32 feet above the public right-of-way from which it receives its major exposure; and the maximum number of pylon signs be limited to one sign per property. d) Motions all based on the conclusion by the City Council that such action is consistent with Section 22 of the Zoning Ordinance which requires that: 1. The proposed amendments are consistent with the Municipal Comprehensive Plan. 5 Council Minutes - 4/10/89 2. The proposed amendments will not negatively affect the character of the surrounding area or geographic area involved. 3. The amendments as proposed will not tend to actually depreciate the area in which the amendments will take effect. 4. The demonstrated need has been sufficiently demonstrated. Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 173. 13. Consideration of variance request appeal for an additional pylon sign on a B-3 (highway business) unplatted lot. Applicant, Tom Thumb Store. Assistant Administrator O'Neill reminded Council that Council had tabled this item pending the outcome of the study of the sign ordinance and possible amendments which were just passed. He went on to inform Council that the applicant for the variance was not able to attend the meeting and asked Council to continue the matter. It was the consensus of the Council that the matter had been reviewed sufficiently and that it is time for a decision. Motion was made by Fran Fair, seconded by Dan Blonigen, to deny the proposed variance request. Motion carried unanimously. 14. Consideration of variance request appeal for additional sign height and sign area. Applicant, Security Financial. Linda Mielke of Security Financial was in attendance to represent Security Financial. It was her view that the sign should be allowed to remain at its present elevation, as the sign was in existence prior to adoption of the Zoning Ordinance. It was her view that the sign should not be made to conform to the ordinance at such time that the face of the sign is changed. Dan Blonigen agreed that simply changing the face of the sign was insufficient cause to require the sign to be in compliance with the Zoning Ordinance. A discussion then ensued regarding the regulating of non -conforming signs. Assistant Administrator O'Neill recited Section 3-9[D]2 of the ordinance referring to non -conforming signs, which states that a non -conforming sign may not be a) changed to another non -conforming sign; b) structurally altered except to bring it into compliance with the provision of this ordinance; c) expanded; d) re-established after removal for 30 days; or e) re-established after damage of more than 50% of sign replacement. Discussion then focused on a), which states that a non -conforming sign may not be changed to another non -conforming sign. After lengthy discussion, it was the consensus of Council that in this situation, a non -conforming sign is proposed to be changed to another non -conforming sign; and therefore, this section of the ordinance applies to Security Financial's situation. Warren Smith stated that he could sympathize with the predicament faced by Security Financial; but at the same time, he noted that the sign was improperly allowed to relocate some years ago. And in that time, the business has had the Council Minutes - 4/10/89 use of this sign. He went on to say that it's time to now bring that sign back into compliance and that the City cannot use financial hardship as a reason to grant the variance. Shirley Anderson concurred with this viewpoint. Ken Maus stated that it may not ease the pain to lower the sign; however, it was his view that the impact of the sign would be improved if it was lowered. Motion was made by Fran Fair, seconded by Shirley Anderson, to deny the variance request. Voting in favor: Fran Fair, Shirley Anderson, Warren Smith, Ken Maus. Opposed: Dan Blonigen. 15. Consideration of landscaping ordinance amendment. Assistant Administrator O'Neill reported that the proposed amendments are designed to provide flexibility by allowing industrial development area landscaping to be expanded as the perimeter of a developing property area expands. The current ordinance requires an entire property be landscaped even if development only encompasses a small portion of the property. He went on to note that the ordinance amendment provides an option for phasing in development of industrial landscaping over a period of three years rather than requiring it all to be completed in one year. Council discussed related landscaping ordinance issues. It was the view of Ken Maus that the Building Inspector should be provided flexibility to interpret landscape development plans with regards to the proper mix of overstory and understory vegetation. Fran Fair's major concern was that the landscaping installed is not properly maintained. Mayor Maus suggested that we might want to allow a development to incorporate the cost of irrigation into the overall landscaping requirements. Under this proposal, the development would be allowed to install irrigation equipment in lieu of a portion of the vegetation required. It was then determined that these landscaping related issues be addressed in a subsequent ordinance amendment process. There being no further discussion, motion was made by Shirley Anderson, seconded by Dan Blonigen, to adopt an ordinance amendment modifying Section 3-2[G]3(b) and Section 3-2[G]12 pertaining to the landscaping section of the City of Monticello Zoning Ordinance. Motion passed unanimously. SEE ORDINANCE AMENDMENT NO. 174. 16. Consideration of selecting recycling firm for final contract negotiations for curb -side recycling program. John Simola reviewed the proposals submitted by Polka Dot Recycling from Buffalo, Corrow Sanitation from Dayton, and Aagard Recycling from Minneapolis. Simola recommended that Polka Dot Recycling be selected, as Polka Dot submitted the lowest priced proposal and provided additional benefits to the City not provided by Corrow or Aagard. He went on to note that the references of Polka Dot Recycling were all positive and that Polka Dot will be recycling additional materials such as corrugated cardboard, tin food cans, and vehicle batteries. 7 Council Minutes - 4/10/89 Motion was made by Warren Smith, seconded by Fran Fair, to authorize negotiations with Polka Dot Recycling and draft a contract for review at the next applicable Council meeting. Motion passed unanimously. 17. Consideration of awarding bids for individual recycling containers. John Simola reported to Council that the City of Monticello received only one bid for the three multi -colored individual recycling containers. The bid submitted was from Shamrock Industries, and the cost matches the City estimate. After discussion, motion was made by Fran Fair, seconded by Shirley Anderson, to award the purchase of 4,200 containers for a cost of $25,536 to Shamrock Industries. Motion carried unanimously. 18. Consideration of purchasing replacement mower deck for John Deere tractor. John Simola reported that the mower deck on the John Deere tractor has succumbed to wear and tear and is now inoperable. He requested that Council consider the purchase of a new mower deck for the sum of a minimum of $1,289. Dan Blonigen reported his concern over abuse of the John Deere tractor and was concerned that the drivers utilizing that tractor were not treating the equipment properly when conducting their work. Ken Maus suggested that the City keep a close tab on who was running the mowers; and if we have misuse, we should be tough on them. John Simola noted that the individuals suspected of abusing the equipment were summer help that are no longer with the City and will not be hired back. There being no further discussion, motion was made by Fran Fair, seconded by Warren Smith, to approve the purchase of a replacement mower deck for a John Deere tractor from Moon Motors at a cost of $1,289. During discussion, Dan Blonigen voiced his concern that the City should go with the low bid of $1,239 from Scharber & Sons in Rogers. It was the consensus of Council that the benefits of purchasing the mower deck from a local business in terms of time and future maintenance considerations outweighed the $50 difference in cost. Motion passed unanimously. 19. Consideration of request for burial site at Hillside Cemetery. John Simola informed Council that Lee Trunnell has requested a grave site at Hillside Cemetery for the burial of Ralph Trunnell. This individual was to be buried in the James Gilchrist family plot #238B near Sixth Street. This family plot already contains Florence Gilchrist, James Gilchrist, Lillian Trunnell, Ethel Trunnell, and Floyd Trunnell, and is full. He went on to state that the most recent burials in Hillside were Minnie Hines in May 1984 and Floyd Trunnell in July of 1981. For the most part, practically all the lots are sold and many are occupied and full. But there are also a handful of lots which were never sold and are still vacant. One of these lots is #216, which L Council Minutes - 4/10/89 is a 10' x 10' lot near Sixth Street and Cedar Street and in the area of the Gilchrist family plot. It was suggested that we allow Trunnell to be buried in this plot. It is also suggested that the City allow burial of immediate family members in the vacant sites on a case by case basis and that we do this only for unusual circumstances and that the family provide a flat granite stone or brass marker. Council concurred with the recommendation of City staff and a motion was made by Shirley Anderson, seconded by Fran Fair, to allow the burial of Ralph Trunnell in Lot #216 with the condition that the family provide a marker and that future decisions to allow burial at Hillside Cemetery be considered on a case by case basis. Motion passed unanimously. 20. Consideration of extension of completion date for street paving in Meadow Oak 4th Addition. Motion was made by Warren Smith to extend the completion time for the street paving to June 15, 1989. Motion was seconded by Fran Fair. Motion passed unanimously. 21. Consideration of proclaiming April 24-30 as Handicapped Awareness Week. Betty Held appeared before the Council to request that City Council adopt a proclamation declaring Handicapped Awareness Week in Monticello. The theme of this proclamation would be called "Opening Doors for the Handicapped." Mayor Ken Maus read the proclamation as follows, and the Council officially adopted April 24-30 as Handicapped Awareness Week in the City of Monticello. "WHEREAS: the Governor of Minnesota has called for Handicap Awareness Week activities to be conducted in every community throughout the state; WHEREAS: the City of Monticello is willing to strengthen public understanding and awareness of the needs and aspirations of people with physical and mental limitations; WHEREAS: the Monticello City Council supports the removal of barriers that create differences or prevent fullest participation of all its citizens; WHEREAS: April 24 through April 30, 1989, has been declared State of Minnesota Handicap Awareness Week: NOW, THEREFORE, I, Ken Maus, Mayor of the City of Monticello, do hereby proclaim April 24 through April 30, 1989, to be Handicap Awareness Week in Monticello." 0 Council Minutes - 4/10/89 Other Matters. Motion was made by Warren Smith, seconded by Shirley Anderson, to approve the issuance of a one -day temporary 3.2 beer and set-up license for May and a one -day 3.2 beer license for the July 2nd celebration organized by the Monticello Lions Club. Council also discussed potential purchase of a new copy machine. Rick Wolfsteller informed Council that according to information he received from a Savin dealer, the present copiers, if repaired properly, should be functional for a few more years. He, therefore, did not recommend outright that we purchase a new copier. Wolfsteller informed Council he will be working on development of a report for Council regarding improving our document copying process, and the report should be available at the next Council meeting. Council reviewed the potential color schemes of the water tower and selected Senta Brown or Ultra Marine -Indigo Blue as potential colors for the water tower. It was the general consensus that the water tower should blend with the environment of the Monte Club Hill and the landscaping plan rather than become an advertising point for the City of Monticello. Rick Wolfsteller reviewed the plans to hire a part-time permanent employee to assist with the deputy registrar service provided by the City of Monticello. Wolfsteller indicated that Council may wish to seriously consider providing pro -rated benefits to permanent part-time employees under certain conditions. A decision regarding benefits for permanent part-time employees was not established at this time. There being no further discussion, motion was made by Warren Smith, seconded by Fran Fair, to adjourn the meeting. Respectfully submitted, Jeff O'Neill Assistant Administrator 10