City Council Minutes 05-08-1989MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, May 8, 1989 - 7:30 p.m.
Members Present: Ken Maus, Fran Fair, Shirley Anderson, Warren Smith, Dan
Blonigen.
Members Absent: None.
2. Approval of minutes.
Motion was made by Fran Fair, seconded by Warren Smith, and unanimously
carried, to approve the minutes of the regular meeting held April 24,
1989.
3. Citizens comments/petitions, requests and complaints.
None forthcoming.
4. Public hearing on the re -assessment of the 81-1 Improvement Project.:
Edgar
roject-
Edgar Klucas and Dan Frie.
City Administrator Wolfsteller outlined potential methods that could be
employed to establish an assessment amount for this project that was
completed in 1981. Wolfsteller reviewed three options which included
1) assessing the cost based on the original project cost, 2) assessing
cost based on the present cost to complete the same improvement, and
3) assess an amount equal to the original cost plus the 13 percent
interest rate that would have accumulated for the 7-1/2 years since the
project was completed. In his summary, Wolfsteller reminded Council that
the assessment amount must not exceed the benefit created by the
improvements to the property.
After discussion, it was the general consensus of Council to hire an
appraiser to evaluate the degree of benefit afforded to the subject
properties as a result of the installation of public utilities. Jim
Metcalf, representing Edgar Klucas, submitted a letter to the City which
outlined formal written objection to the amount of the proposed
assessment. He went on to note that the City had conducted an assessment
hearing when the project was completed. His client would have had at
that time the opportunity to respond to the proposal to charge interest
on unpaid assessment amounts. It was Metcalf's assertion that it would
not be proper for the City to charge interest on unpaid cost accumulating
since 1981, as the property owner in 1981 was not given the opportunity
to pay the assessment at the time that the project was completed, nor was
he given the opportunity to object to the assessment.
After discussion, motion was made by Fran Fair to order an appraisal of
properties benefited by Project 81-1 and continue the public hearing
until the City Council meeting scheduled for June 12, 1989. Motion was
seconded by Warren Smith and carried unanimously.
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5. Consider a rezoning request to rezone residential unplatted property from
R-3 (medium density residential) to PZM (performance zone mixed).
Applicant, J & K Properties.
At this point in the meeting, Ken Maus relinquished his position as Mayor
and passed the gavel to Fran Fair. Maus then abstained from commenting
on this particular issue as the Mayor/Councilmember.
Assistant Administrator O'Neill reviewed the proposal to rezone an area
approximately equal in size to one block located directly east of the
Maus Foods store from R-3 to PZM zoning. O'Neill indicated to Council
that the proposal to rezone this property from R-3 to PZM provides the
landowner with flexibility in developing this area as either residential
usage or commercial retail usage. He went on to note that the purpose of
the PZM or performance zoning district is to allow for development
flexibility and special design control within sensitive areas of the city
due to environmental or physical limitations. The performance zoning
district also attempts to create a reasonable balance between the
interest of the property owner in freely developing his property and at
the same time protect the interest of surrounding properties.
Fran Fair asked if this rezoning request would create more land available
for multi -family housing developments. Gary Anderson responded by saying
that the present zoning already allows multi -family development to occur,
whereas, the proposed PZM zone would provide the opportunity for retail
establishment as well as multi -family development. Therefore, this
rezoning actually decreases the possibility of development of
multi -family housing in this area.
After discussion, motion was made by Dan Blonigen to approve the proposed
rezoning of subject parcel from R-3 to PZM zoning, with the motion to
approve being based on the finding that the proposal is 1) consistent
with the Comprehensive Plan, 2) compatible with geographic area and
character of adjoining land, 3) the rezoning will not tend to depreciate
the area in which it is proposed, and 4) the need for the proposed
rezoning has been sufficiently demonstrated. Motion was seconded by
Shirley Anderson and carried unanimously. SEE AMENDMENT No. 175E
6. Consideration of a preliminary plat request for a proposed new
residential subdivision plat. Applicant, West Prairie Partners.
Assistant Administrator O'Neill reviewed the proposed preliminary plat
and went on to inform Council that the Planning Commission had
recommended approval of this plat based on the understanding that the
plat met all requirements of the City Zoning and Subdivision Ordinance.
A problem was discovered with this plat when Council was informed that
one of the lot's front footage at the setback line is insufficient
relative to the City Ordinance. It was noted that Lot 5 possesses a lot
width of 32 feet at the building setback line, which is less than the
56 -foot minimum required by ordinance. Staff apologized for the late
notice of this particular problem. At this point, Council reviewed
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the inconsistency between the plat and the Zoning Ordinance and
determined that in this case a variance would be appropriate, as the City
has allowed shorter property width in circumstances where there is a
limited development area to work with. Requiring the 56 -foot property
width at setback line would reduce the number of lots that could be
created from seven to six. It was the view of the Council that the
impact of requiring adherence to this section of the ordinance in this
case would represent an unreasonable restriction on the use of the land
and that a variance would be appropriate in this case.
After discussion, motion was made by Dan Blonigen, seconded by Shirley
Anderson, to approve the preliminary plat of Prairie West. Motion passed
unanimously.
In another matter relating to this development, the developers requested
that the City allow the City Engineer to prepare plans and specifications
for this development with payment being made directly to the City
Engineer from the developers. This practice would allow the developers
to save the cost of two engineering firms preparing and reviewing plans
and specifications for the necessary public improvements associated with
Prairie West.
After discussion, motion was made by Dan Blonigen, seconded by Warren
Smith, to grant permission to OSM to work for the developers of Prairie
West. Motion passed unanimously.
7. Consideration of approving declaration of protective covenants and
restrictions of the Evergreens.
Assistant Administrator O'Neill reviewed those items within the
protective covenants of the Evergreens that are not otherwise covered by
City Ordinances. Those restrictions include 1) the covenants limit the
number of cars on each property to four, 2) all lots abutting the mobile
home park shall have attached garages, 3) no earth homes shall be
permitted, 4) all houses shall have attached or detached garages shingled
and sided the same as the house, 5) exterior colors of homes shall be
limited to pastels and earth tones, 6) lawn establishment required within
one year of occupancy, and 7) no motor vehicles shall be kept or stored
upon the premises except those that are being driven and currently
licensed or registered.
A discussion then ensued regarding the enforceability of the protective
covenants. It was Dan Blonigen's concern that the City will be saddled
with enforcing these covenants. Blonigen noted that the covenants should
be consistent with City Ordinances and that the rules that apply to new
developments should apply to the entire city.
Brad Larson, representing Kent Kjellberg, informed Council that the
presence of the protective covenants can act as a marketing tool and can
provide the homeowner with assurances that, if necessary, he can take
civil action against individuals within the development that are not in
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compliance with the covenants. He went on to note that the City can more
effectively assure compliance with the restrictions listed if such
restrictions are incorporated into the City Ordinances.
Fran Fair indicated support for establishing ordinance amendments that
would address some of the problems that the restrictive covenants attempt
to address. However, in lieu of those ordinances at this time, it was
her view that it is appropriate to approve the suggested restrictive
covenants.
After discussion, motion by Fran Fair, seconded by Shirley Anderson, to
approve the declaration of protective covenants and restrictions of the
Evergreens. Motion carried unanimously.
Councilmember Anderson requested that staff make sure that the covenants
are properly recorded prior to sale of any of the lots associated with
phase I of the Evergreens. It was noted by staff that it is the
responsibility of the developer to record the covenants and that staff
will certainly make sure that this is done. In addition, the City has in
its possession an executed copy of the covenants; and if the developer
does not record the document, the City can act to do so.
8. Consideration of adopting Evergreens Development Agreement.
Assistant Administrator O'Neill briefly reviewed the developer agreement
and informed Council that Kent Kjellberg is selling the Evergreens
development to Wally Anderson of ARADCO. O'Neill went on to review the
background of the developer and informed Council that Anderson has
completed several successful developments in the metropolitan area. John
Badalich also noted that Wally Anderson is a reputable developer that his
company has worked with on numerous occasions. Staff recommended
adoption of the development agreement, as the agreement provides the City
with protection against some of the problems recently experienced with
other developments completed by private developers.
Fran Fair reviewed the resume of Wally Anderson and noted her support of
the development agreement, especially in light of the positive track
record of the buyer of the development.
After discussion, motion was made by Warren Smith, seconded by Shirley
Anderson, to adopt the Evergreens Development Agreement. Motion carried
unanimously.
9. Consideration of final plat approval of phase I of the Evergreens
subdivision. Applicant, Kent Kjellberg.
Assistant Administrator O'Neill informed Council that the final plat is
ready for approval subject to successful completion of the environmental
assessment worksheet review process and subject to minor modifications of
the easement lines pending completion of plans and specifications for the
public improvements necessary with phase I.
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After discussion, motion was made by Shirley Anderson, seconded by Fran
Fair, to approve the final plat of phase I of the Evergreens subdivision
subject to successful completion of environmental assessment worksheet
review process and subject to necessary modifications of easement lines
associated with preparation of final plans for phase I public
improvements. Motion carried unanimously.
Consideration of rezoning agricultural land to residential and commercial
usage - Evergreens development.
Assistant Administrator reported that as part of the final approval
process of this subdivision, the land subdivided must be rezoned from the
present agricultural classification to a combination of residential
and/or business zoning classifications. Planning Commission recommended
that the entire residential area encompassed by the Evergreens be rezoned
from agricultural status to R-1. He went on to inform Council that
Planning Commission had also called for rezoning Outlots A and B from
agricultural to B-3 zoning. It was O'Neill's concern that the decision
to rezone Outlots A and B from agricultural to business highway rezoning
might not be appropriate given language contained in the Comprehensive
Plan. O'Neill then suggested that Council table this matter, as this
particular rezoning request is not critical to the successful development
of the Evergreens subdivision.
After discussion, motion was made by Fran Fair, seconded by Shirley
Anderson, to approve the rezoning of the area encompassed by phases I-V
of the Evergreens subdivision. Motion carried unanimously.
Motion made by Fran Fair, seconded by Shirley Anderson, to table rezoning
of Outlots A and B pending further review by the Planning Commission.
Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 175A.
Consideration of ordering publication of notice of environmental
assessment worksheet comment period.
Motion made by Warren Smith, seconded by Dan Blonigen, to order
publication of notice of environmental assessment worksheet comment
period for the Evergreens development and declare Monticello as the
responsible governmental unit. Motion carried unanimously.
12. Consideration of adoptin
Agreement and considerat
Mobile Home Park.
Kjellberg Mobile Home Park East Development
n of approving expansion of the Kjellberg East
O'Neill informed Council that the Kjellberg East Mobile Home Park
Development Agreement and the Evergreens Development Agreement are
connected and that it is appropriate at this time to adopt the mobile
home park development agreement, as Council has adopted the Evergreens
Development Agreement.
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John Simola noted a problem in Article Three of the Mobile Home Park
Developer Agreement which states that the east park sewer access charge
and water access charge shall be $225 per mobile home pad. Simola noted
that the access charge should include only the charge for sewer service
and that the proposal to include water in this access charge is not
appropriate. Brad Larson indicated that he would amend the language of
the developer agreement to include a requirement that Kjellberg will pay
the then prevailing fee for access to the city water system at such time
that the developer desires access to city water.
O'Neill also informed Council that Mr. Kjellberg requests permission to
expand the mobile home park, as plans are in place for extension of the
lateral connection from the southerly most point of phase I to the mobile
home park. O'Neill noted that it would be premature to allow expansion
of the park based on plans only and that expansion would only be
appropriate when the actual connection to the city system is in place.
Furthermore, the City has received no approvals from the PCA stating that
the existing treatment system is adequate to handle additional sewage.
Therefore, staff recommends that the expansion of the mobile home park
not be allowed until the proper approvals are gained from the Pollution
Control Agency or until such time that the park is actually hooked into
city services.
Motion made by Shirley Anderson, seconded by Dan Blonigen, to adopt
Kjellberg's Mobile Home Park East Developer Agreement and deny plans to
expand Mobile Home Park East. Council to consider allowing expansion
when appropriate approvals are in place. Motion carried unanimously.
13. Review and discuss plan of action designed to address concerns of Meadow
Oak residents.
Assistant Administrator O'Neill informed Council that City staff, along
with Ken Maus, met with Dickman Knutson and his son to discuss problems
highlighted by Meadow Oak residents. O'Neill outlined the general plan
of action developed at the meeting in response to the problems submitted
by Meadow Oak area residents. Council was informed that Mr. Knutson has
agreed to record the covenants against the 35 or so remaining lots in the
development area and that the covenants may be slightly modified to
incorporate restrictions that the City Council requested but were never
incorporated into the latest unrecorded version of the covenants.
Finally, he informed Council that a meeting has been planned for
Wednesday, May 17, at 6:30 p.m., at which time area residents of Meadow
Oaks will be invited to discuss the covenants and other public nuisance
related problems with City staff and Dickman Knutson.
Fran Fair suggested that rewriting the covenants may be the wrong
approach to resolving the problems in the area and that the City might be
better off establishing ordinances in lieu of protective covenants.
Rhonda Thielen and her husband, Bruce, asked who is going to pay to
record the covenants that should have been recorded in the first place.
Mayor Maus indicated that this is an issue that could be addressed at the
meeting with Dickman Knutson scheduled for the 17th of May.
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Rhonda Thielen indicated to Council that she does not have a problem with
the small recreation vehicles and boats parked in front lawns. However,
she feels strongly that an ordinance amendment is necessary that would
limit the size of recreation vehicles being parked in driveways. It was
her view that the RV's represent a safety hazard for individuals
attempting to back out of driveways adjacent to driveways that contain
large recreation vehicles that obstruct site lines.
It was the general consensus of Council that Council will review
potential ordinance amendments after the meeting of Friday, May 19, with
Meadow Oak area residents. A special workshop was established for May 19
at 1:00 p.m. at which time Council will discuss potential development of
public nuisance related ordinances.
14. Consideration of approval of contract with Polka Dot Recycling for
curb -side recycling in the city of Monticello.
Motion by Shirley Anderson, seconded by Warren Smith, to approve the
contract for Polka Dot Recycling for the initial period of 36 months.
Motion carried unanimously.
15. Consideration of change order #2 for Project 88-01C, Pumphouse #3.
John Simola informed Council that on July 25, 1988, upon reviewing the
plans for pumphouse #3, Minnesota Department of Health requested specific
changes in the design of the building and equipment. On September 14,
1988, OSM drafted a letter to Richmar Construction, Inc., requesting
proposals for a change order, including the work outlined by the
Minnesota Department of Health. Richmar Construction responded on
September 30, 1988, with a proposal for five changes and a more
economical type of fan for the chlorine room. The net effect of all the
changes is a credit of $111 for these items.
After discussion, a motion was made by Fran Fair, seconded by Shirley
Anderson, to approve change order #2 for a credit of $111. Motion
carried unanimously.
16. Consideration of Council support requesting the Department of Revenue
hold a public hearing on a proposed rule change concerning valuation and
assessments of electric utility companies.
City Administrator Wolfsteller informed Council that he is aware of a
Department of Revenue proposed rule adoption that will affect the
valuation and assessment of electric, gas distribution, and pipeline
companies, including the NSP plant in Monticello. He noted that although
none of the governing bodies such as school districts, local government
units, or county governments, were notified by the Department of Revenue
of this proposed change in their rules, these modifications proposed by
the Department of Revenue could affect the valuation of the power plants
and resulting tax revenues from them. The proposed rules would
automatically go into effect without a public hearing unless at least 25
people submit a written request for a public hearing. Wolfsteller
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recommended that Council request the Department of Revenue hold a public
hearing; and once it's determined what effect this rule change would
have, the Council may want to consider even appropriating some funds for
supporting a lobbyist to fight any change that would materially affect
Monticello's tax base.
After discussion, motion was made by Warren Smith, seconded by Fran Fair,
to request that the Department of Revenue hold a public hearing on any
rule change that would affect the valuation and assessment of NSP and
authorize the Mayor and the City Administrator to request the same in
writing. Motion carried unanimously.
Consideration of one -day gambling license application - Monticello Lions
Club - July 2 celebration.
Motion by Dan Blonigen, seconded by Shirley Anderson, to grant a one -day
gambling license application to Monticello Lions Club for the July 2
celebration. Motion carried unanimously.
Motion by Shirley Anderson, seconded by Warren Smith, to allow the Lions
Club exclusive use of Ellison Park on July 2, 1989. Motion carried
unanimously.
Consideration of authorizing purchase of replacement motive water pump
for equalization basin.
Public Works Director Simola informed Council that the motive water pump
in the EQ basin mixes the waste water in the tank to get a homogenous
mass in the case of pH and high BOD loads, as well as assisting in odor
control in some aspects. Normally, the EQ basin is not used 100 percent
of the time, and the pump should last a long time. When the City
operated the plant, however, our operators used the EQ basin as an
activated sludge aeration tank, and the pump was used extensively. This
may have caused is premature failure. Simola recommended that Council
authorize replacement of the motive water pump at a cost of $2,534.
Motion was made by Fran Fair, seconded by Dan Blonigen, to authorize
replacement of the motive water pump from Waldor Pump of Minneapolis for
a cost of $2,534. Motion carried unanimously.
Consideration of awarding Project 89-1 to Channel Construction for the
improvement of Marvin Elwood Road extension and discussion of potentia
assessment method.
Administrator Wolfsteller informed Council that the 89-1 Project involves
development of an extension of Marvin Elwood Road on a corner property
and that it has been City policy in the past to assess property owners of
corner lots only the cost of development of roadway on one side of the
property. In this situation, if the property owners are assessed the
full cost of this particular roadway, the cost to develop the roadway
would outweigh the benefit to the property; and therefore, the roadway
might not be constructed. Council may wish to consider paying a portion
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of the assessment cost, as the extension of the roadway does benefit the
area residents in the development and the extension does provide for
easier and more efficient snow removal in the area.
Motion was made by Warren Smith, seconded by Fran Fair, and carried
unanimously to contribute toward the cost to development of the extension
of Marvin Elwood Road and to limit the financial exposure of the
developer of phase I of the Meadows Second Addition to $8,500.
Consideration of adopting Meadows and Meadows Second Addition Developer
Agreement.
Assistant Administrator O'Neill informed Council that the final draft of
the developer agreement was not available at this time, and the developer
and City staff request that Council table this matter until the next
regularly scheduled meeting.
Motion made by Warren Smith, seconded by Fran Fair, to table adoption of
Meadows and Meadows Second Addition Developer Agreement pending further
Council review at the next regularly scheduled meeting of the Monticello
City Council. Motion carried unanimously.
Consideration of granting final plat approval - Meadows Second Addition.
Applicant, value Plus Homes.
Assistant Administrator O'Neill reported that the developer had made the
adjustments to the preliminary plat as requested by Council and that the
final plat is ready for Council approval.
Motion was made by Warren Smith, seconded by Shirley Anderson, to grant
final approval of the final plat of the Meadows Second Addition. Motion
carried unanimously.
Public Hearing - Consideration of vacating streets and utility and
drainage easements.
O'Neill informed Council that upon acceptance of the final plat, Council
needs to vacate the streets and utility and drainage easements associated
with the original plat of the Meadows.
Motion was made by Warren Smith, seconded by Shirley Anderson, to vacate
streets and utility and drainage easements associated with the original
plat of the Meadows. Motion carried unanimously.
Consideration of townhouse association to own and maintain sanitary sewer
main.
Gary Anderson reported to Council that staff recommends extension of the
existing sanitary sewer main to the northerly portion of the lot
containing the Fairway Court Townhouse units. Extension of this main
will allow the developer to avoid a spaghetti -like maze of water and
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sewer utilities running to each of the townhouse units. It is proposed
that the extension include the sewer main only and would not include
extension of the water main. The water lines would include six
individual water lines run to each of the six townhouse units. Under
this scenerio, the Townhouse Association would be responsible for
maintaining the sanitary sewer main placed on the property. Dan Blonigen
requested that the Townhouse Association ownership of the water main be
recorded on the deed to protect the City against potential
responsibilities associated with the sewer main on townhouse property.
After discussion, motion was made by Dan Blonigen, seconded by Shirley
Anderson, to approve Townhouse Association ownership and maintenance of a
sanitary sewer main with the stipulation that the Association will record
responsibilities associated with this main on individual deeds. Motion
carried unanimously.
24. Other Matters.
Rick Wolfsteller reviewed his efforts to get the most mileage possible
out of the existing copier systems. He went on to review the continuing
problems that staff has had with the existing machines and recommended
that Council allocate a minimum of $8,500 to purchase new equipment.
After discussion, motion by Fran Fair, seconded by Shirley Anderson, to
authorize City staff to purchase a copy machine with capabilities
sufficient to handle City needs. Mayor Maus is asked to review purchase
prior to finalization. Motion carried unanimously.
Jeff O'Neill
Assistant Administrator
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