City Council Minutes 09-11-1989MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, September 11, 1989 - 7:00 p.m.
Members Present: Ken Maus, Fran Fair, Warren Smith, Shirley Anderson,
Dan Blonigen
Members Absent: None.
2. Approval of minutes.
Motion was made by Fran Fair and seconded by Warren Smith to approve the
minutes for the meeting of August 28, 1989, as amended. Motion carried
unanimously.
3. Citizens coimnents/petitions, requests, and complaints.
A petition was submitted to City Council made up of residents of the
Meadow Oaks area neighborhood. The petition requests that the City
maintain the drainage pond in the development as an outdoor skating area
during the winter months. Robert Zdarsky, representing the Meadow Oaks
neighborhood, explained that the drainage pond is a suitable place for an
outdoor rink and that children are using the rink for skating already.
Council discussed the matter briefly, then directed staff to research
this issue and place it on an upcoming agenda for a more detailed
review. Although it appeared that the concept made sense, there were
concerns about insurance, availability to all city residents, and
concerns about adequate lighting.
4. Consideration of conditional use permit - Lincoln Companies/K-mart.
Assistant Administrator O'Neill reported that Lincoln Companies requested
that the Planning Coimnission continue the public hearing to Wednesday,
September 20, at 6:00 p.m., as Lincoln Companies was not able to provide
the necessary site plan information for Planning Coimnission review at the
meeting scheduled for September 11. Planning Commission did continue the
public hearing; therefore, consideration of the conditional use permit by
Council must occur at a later date.
5. Consideration of adopting street right-of-way - 7th Street extension.
Assistant Administrator O'Neill reported that as directed by Council,
staff investigated the potential cost of land acquisition and building
demolition associated with the proposed realignment of the 7th Street
right-of-way. O'Neill reported that the cost to acquire lands and
demolish structures necessary to change the adopted alignment would cost
a net amount of approximately $250,000. O'Neill went on to report the
Housing and Redevelopment Authority's position regarding the use of tax
increment financing to finance a portion of the realignment costs.
O'Neill noted that the HRA discussed the matter at length and determined
that the proposed realignment is the best route for the 7th Street
right-of-way. However, the benefits associated with this realignment did
not outweigh the price tag. The HRA did indicate a willingness to
utilize tax increment financing to a limited degree to encourage
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development of the alternate route. It was the HRA's view that tax
increment financing could be justified to purchase the property owned by
Marvin Kramer which lies west of Minnesota Street. This purchase is
necessary to provide the right-of-way area for the future expansion of
the 7th Street right-of-way and eliminates the potential for greater
expense associated with possible need for condemnation of this property
at some point in the future in order to gain the necessary right-of-way.
In addition, a large portion of the cost to purchase the Kramer land can
be recovered through the sale of the property not needed for the
roadway. Under the HRA proposal, the net TIF subsidy would amount to
$127,000. Land acquisition cost associated with purchasing the Pratt and
Holthaus property would be the sole responsibility of the developer under
the HRA proposal.
O'Neill went on to report that staff submitted HRA's proposal to Lincoln
Companies. Lincoln Companies refused stating that the cost to purchase
the Holthaus and Pratt properties could not be justified based on the
benefits created by the additional land. O'Neill then outlined a
potential compromise position which called for splitting the acquisition
costs associated with purchase of the Holthaus and Pratt properties.
O'Neill reported that this alternative might be reasonable, as TIF
subsidy would be used to finance that portion of the land acquisition
costs that do not result in a benefit to Lincoln Companies.
Councilmember Fair noted that the funds needed to straighten 7th Street
could be justified because of the impact it would have on the coimnunity.
She noted the importance of the proper street alignment in terms of the
potential for Monticello as a regional shopping area. It was the general
consensus of Council that the straight right-of-way, or alternative #2,
is the best alternative. However, a decision to use tax increment
financing to achieve this right-of-way may not be feasible if land prices
are deemed too high.
Motion was made by Fran Fair, seconded by Warren Smith, to direct staff
to negotiate reductions in land prices and direct staff to present the
matter again to the Housing and Redevelopment Authority for further
discussion. If a finance plan cannot be established after negotiations
with the HRA, Lincoln Companies, and land owners, then City supports the
original alignment. Voting in favor: Shirley Anderson, Ken Maus, Warren
Smith, Fran Fair. Opposed: Dan Blonigen.
6. Consideration of an ordinance amendment to allow as a conditional use a
church in an I-2 (heavy industrial) zone. Applicant, A Glorius Church.
Assistant Administrator O'Neill reviewed the proposal submitted by A
Glorius Church, which calls for an amendment to the zoning ordinance
which would allow churches to be established in industrial areas of the
comunity. O'Neill reported that the Planning Coimnission recomended
denial of the zoning amendment based on the finding that the proposal is
inconsistent with the municipal comprehensive plan, the geographic and
character of the area involved, the amendment will tend to or actually
depreciate the I-2 areas affected by the amendment, and the applicant has
failed to sufficiently demonstrate a need for such use, as church
facilities are allowed in large areas of the comunity.
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It was the consensus of Council that the proposed amendment would create
the potential for a negative impact on industrial areas of the coimnunity
and that mixing industrial uses and church related activities might
create problems in the future. Warren Smith noted that in this
particular situation, it might make sense to rezone the parcel, as the
property is near R-3 uses and is located directly across from the NSP
softball fields and NSP's Training Center, which are not heavy industrial
uses. Mayor Maus noted that he could agree in principal, but he stressed
that the property owners should make a petition for the rezoning whether
it is the present property owner or A Glorius Church. Councilmember
Blonigen noted his opposition to rezoning or an ordinance amendment.
After discussion, inotion was made by Dan Blonigen, seconded by Shirley
Anderson, to deny the zoning ordinance amendment which would allow
churches to operate as a conditional use in the I-2 (heavy industrial)
zone. Motion based on the findings presented by the Planning
Commission. Motion carried unanimously.
7. Ordinance amendment to allow as a conditional use a laundromat/dry
cleaners in a PZM zone. Applicant, Curt and Anna Mae Hoglund. AND
8. Ordinance amendment to allow as a conditional use a car wash in the PZM
(performance zone mixed) zone. AND
9. Conditional use request to allow a laundromat/dry cleaners in a PZM
(performance zone mixed) zone. Applicant, Curt and Anna Mae Hoglund.
Location: Lots 3 and 4, MacArlund Plaza.
O'Neill reported that the applicant proposes development of a two-story
structure matching the existing Riverroad Plaza. Each level will contain
3,200 square feet of usable space. One quarter of the lower level will
be used for dry cleaning processing and service center which features
drive through service. The remainder of the lower level will house a
laundromat facility. The upper floor will be used exclusively as an
apartment for the owner/operator with a long term goal of developing the
upper floor as office space or for use as a three -unit apartment. The
applicant intends on developing a car wash facility at some time in the
future. The request for an amendment to the ordinance today and the
conditional use permit application pertaining to the car wash will not be
forthcoming until some point in the future. O'Neill outlined the
Planning Coirunission's recolmnendation and noted that Planning Colmnission
recoimnended approval of the proposed zoning ordinance amendment
associated with issuance of the conditional use permit. He also reviewed
the suggested conditions associated with the zoning ordinance amendment
and the conditional use permit.
After discussion, motion was made by Shirley Anderson, seconded by Dan
Blonigen, to amend the Monticello Zoning Ordinance by allowing dry
cleaning processing as a conditional use in the PZM zone subject to the
following conditions:
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a. Dry cleaning operation must ineet all OSHA safety standards.
b. Dry cleaning operation shall be self-contained in terins of noise
and fumes with no venting to outside of building.
c. Dry cleaning facility shall have direct access to major
thoroughfare via driveway or frontage road.
d. Screening of abutting residential uses and landscaping must be in
compliance with chapter 3, section 2[G], of the zoning ordinance.
e. Voice amplifiers used in conjunction with drive through process
shall not be audible to adjoining residential areas.
and to amend the zoning ordinance by allowing car wash activity as a
conditional use in the PZM zone subject to the following conditions:
a. All conditions noted in the B-3 district regulations pertaining
to car washes.
b. Car wash facility shall have direct access to major thoroughfare
via driveway or frontage road.
c. Intermittent sounds produced by car wash operation such as the
sound of a vacuum or warning signal shall not be audible to users
of adjoining PZM or residential properties.
and motion to include granting of conditional use permit which would
allow development of a laundromat/dry cleaner on Lots 3 and 4, MacArlund
Plaza, subject to the following conditions:
a. All conditions noted by ordinance.
b. Residential use of structure shall be limited to owner or manager
under proposed parking and driveway configuration.
c. Intensification of use of structure via development of upstairs
apartments or office shall require appropriate expansion of
parking. Use of upstairs as multi -family dwelling will require
reorientation of circular drive through traffic pattern.
d. Conditions associated with the use of this structure shall be
recorded on the property deed.
Motion based on the finding that zoning amendments and conditional use
permit are consistent with the municipal comprehensive plan, geographic
area involved, such use will not depreciate the area in which it is
proposed, and the need for such use has been sufficiently demonstrated.
Motion carried unanimously. SEE ORDINANCE AMENDMENT. NO. 181.
10. Consideration of granting permit to allow retaining wall construction
within street boulevard.
An attorney representing Paul Boisclair reviewed his client's view of the
events leading to City request that Boisclair remove the retaining wall
which was recently placed within the street boulevard. Boisclair's
attorney noted that there are structures located on boulevard areas in
other parts of the coimnunity and that it is not fair to single out
Boisclair in this case when other properties are in violation of the
ordinance which limits structures being placed on the boulevard.
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Administrator Wolfsteller reported that he is not convinced that the
retaining wall has to protrude as far into the right-of-way as it is now
constructed. There appears to have been confusion or misunderstanding
between Mr. Boisclair and City staff concerning what was allowable.
It was the general consensus of Council that due to the misunderstanding
regarding the exact placement of the retaining wall, it would not be
required that the retaining wall be moved at this time and that a permit
would be issued to allow the retaining wall to remain.
Motion was made by Fran Fair, seconded by Shirley Anderson, to grant
Mr. Boisclair a permit allowing a retaining wall to continue at the
present location on the boulevard with the understanding that if there is
a need to remove the retaining wall because of extension of sidewalk or
because of other utility improvements, it shall be removed at the expense
of the owner. Permit granted based on the fact that unique circumstances
created a need for the variance. Dan Blonigen noted that the retaining
wall presently leans toward the street and that he would not support the
motion unless it is required that the retaining wall be vertical, as it
is likely that with the present design, the retaining wall over time will
lean even more into the boulevard. Voting in favor of the motion: Fran
Fair, Warren Smith, Shirley Anderson, Ken Maus. Opposed: Dan Blonigen.
11. Consideration of contracting for City Assessor position for year 1990.
Administrator Wolfsteller reported that as a result of Council's action
August 14 to retain the position of City Assessor locally if possible, an
ad was placed in a local newspaper requesting applications from qualified
accredited assessors. Only one application was received, and that was
from a gentleman who had not had the necessary experience.
As a result, the only qualified individual who could assume these duties
for the City on a part-time or contract basis is Peggy Stencel.
Wolfsteller recounnended that the City enter into a contract arrangement
with Peggy Stencel as the City Assessor for 1990. It appears that Peggy
and Gary will be able to work together to complete the assessment in a
timely manner at a lower cost than what the County is proposing. In
addition, the City will retain control of the assessment work; and it
appears natural for Gary to continue assessing new construction since he
is heavily involved in the process from the beginning. Wolfsteller went
on to report that the work would be divided amongst the two, depending on
Gary's work load. Although there is an advantage to allowing the County
to do the assessing work in that all complaints/inquiries concerning
evaluations can be directed to the County, it was Wolfsteller's view that
it's important that the City retain its own assessor, if possible, as it
provides us with accurate, up-to-date information for our own records and
makes us more accountable to the citizens of Monticello.
Ken Maus noted that this arrangement works out well, as the City can
utilize Peggy Stencel's services almost on an as -needed basis. Dan
Blonigen asked how many homes must be visited each year as part of the
overall assessment process. Peggy Stencel noted that the City must visit
at least 25 percent of all the homes to determine if any changes should
be trade to the market value of those homes.
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Motion was inade by Fran Fair, seconded by Dan Blonigen, to enter into a
contract with Peggy Stencel to be the City Assessor for the year 1990 at
$4.50 per parcel. This would amount to a maximum of $7,875, but should
be less than this amount depending on the amount of work shared by Gary
Anderson. Motion carried unanimously.
12. Consideration of accepting comuter parking lot deed from Wright County
with restrictive covenants.
Rick Wolf steller reported that a number of years ago, Wright County
agreed to deed a parcel of land adjacent to I-94 and Highway 25 to the
City for use in developing a coimnuter parking lot. The City proceeded
with developing the lot, but it never received a warranty deed or quit
claim deed from the County for this property. Wolf steller reported that
a deed for the coicmnuter parking lot with restrictions attached has been
submitted by the County Attorney. Council was asked to review the
restrictions and indicate whether or not the City should accept the
parking lot deed as presented with the restrictive reversion clause as
attached.
Warren Smith noted that he would like to see the City of Monticello
treated like other cities in that the reversion clause applied to this
property is not consistent with how the County treats other similar
properties in other municipalities. Ken Maus expressed his concern that
the restriction that requires that a property be only used for comfluter
parking is unduly restrictive and that other functions associated with
transportation should be allowed.
After discussion, motion was made by Fran Fair and seconded by Shirley
Anderson to accept the coirnnuter parking lot deed as presented by the
County with a restrictive clause attached. Voting in favor: Fran Fair,
Shirley Anderson, Dan Blonigen. Opposed: Warren Smith, Ken Maus.
13. Review of liquor store six-month financial report.
Joe Hartman and Rick Wolf steller presented the liquor store six-month
financial report which shows that sales for the first six months of 1989
were up slightly over the same period last year by a l% increase. Cost
of sales were approximately 2%, resulting in gross profit percentage down
2% over last year. Expenses for the first six months were up 90 over
last year, which results in operating income of $38,856, or $8,900 less
than the same period last year.
After discussion, motion was made by Shirley Anderson and seconded by Dan
Blonigan to accept the six-month financial report submitted by Joseph
Hartman. Motion carried unanimously.
14. Consideration of authorizing purchase of replacement carpeting for liquor
store.
Council reviewed quotes from various carpeting suppliers and awarded the
project to the low bidder, Larson Carpet and Furniture of Monticello.
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Motion inade by Fran Fair and seconded by Warren Sinith to purchase
replacement carpet from Larson Carpet in the sum of $5,300.00. Motion
carried unanimously.
15. Consideration of public information brochure marketing plan.
Gary Iverson and Steve Henning from Henning & Associates were present to
outline alternative proposals for development of a marketing program and
information and promotional materials. Steve Henning outlined the
proposal which called for development of a generic brochure which could
be used as an outreach marketing tool to generate inquiries from
companies outside the coimnunity. It could also be used as a single piece
or with a letter and business reply card, also, for secondary use as an
information piece to noncomercial inquiries about the coimnunity. This
brochure would give enough information about the coimnunity to be enticing
without telling everything about Monticello. Because of the quantities
needed, the tool would be relatively small to stretch the production
dollars as well as saving the cost of postage. Henning suggested that
this document be letterfold size so that it could be used with or without
a business reply card. Benefits of this brochure is that it is
inexpensive to produce and can be produced individually or in large
quantities to be used with a specific mailing list or simply to an
individual prospect. In addition, Henning & Associates suggested
development of a coimnunity profile booklet to be used in response to
inquiries generated by the outreach brochure or requests for more
detailed information than that contained in the generic brochure. Such a
profile booklet would be a 9 X 12 pocket folder for the cover with 4
pages of text and photo stitched into the center. The 4 pages should
really present the Monticello coimnunity including the surrounding area to
best advantage. Included within would be testimonials from selected
individuals, key business people, council members, educators, etc. A
stock pile of shells would be left blank. City staff could imprint
detailed, but timely information in small quantities so that these pages
could be frequently updated. Then the sheets could be inserted in a
pocket in the back of the booklet. Also discussed was the development of
a video tape program to use in presentations to business prospects. The
video tape can be shown to a group as part of a formal solicitation or
sent to qualified prospects that are making further inquiries about the
coimnunity. The total cost including printing of all three programs
amounts to $28,000. Fran Fair has suggested that the video portion of
the promotional package presented should be put on hold unless members of
the business coimnunity are willing to contribute towards financing the
video portion of this program. Warren Sinith concurred and noted that
staff should request that business organizations look towards existing
with this portion of the project. Shirley Anderson noted that it is
important to gain the support of the business coimnunity in development of
the video. She would not support inclusion of the video portion of the
program described by Henning & Associates.
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16.
17.
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Council Minutes - 9/11/89
After discussion, (notion inade by Warren Smith and seconded by Fran Fair
to allocate budgeted funds in the amount of $16,000 and direct City staff
to work with Henning & Associates in development of a marketing program
which would include development of a generic brochure and coimnunity
profile booklet. Voting in favor of the motion: Ken Maus, Fran Fair,
Shirley Anderson, Warren Smith. Opposed: Dan Blonigen.
Consideration of adopting resolutions
assessment rolls and setting the publ
Mississippi Drive Improvement; Projec
Overlay Improvement.
authorizing the preparation of
c hearing date on Project 89-02:
89-03: Oakwood Industrial Park
After discussion, motion made by Warren Smith and seconded by Fran Fair
to adopt resolutions ordering preparation of assessment rolls and setting
a public hearing date for October 10, 1989. Motion carried unanimously.
SEE RESOLUTIONS 89-23, 89-241 89-25, 89-26.
Consideration of final payment request for Project 89-02: Mississippi
Drive Road Improvements; Project 89-03: Oakwook Industrial Park Road
Improvements, Buffalo Bituminous.
John Simola reported that the anticipated construction costs for the
Mississippi Drive project, excluding engineering inspection, testing,
legal, and bonding cost, was $87,409. The actual construction costs in
place are $67,836, which represents a savings of $19,573. He also noted
that the savings associated with the Oakwood Industrial Park Road
amounted to $17,600. Finally, Simola recomended final payment to
Buffalo Bituminous as recoimnended by the City Engineer.
Motion was made by Shirley Anderson and seconded by Dan Blonigen to
authorize final payment to Buffalo Bituminous pending receipt of the
proper documentation in the amount of $38,447. Motion carried
unanimously.
Consideration of quotes for landscaping at the new water tower site.
Roger Mack reviewed the four quotes that were received by the City and
recoimnended that the City enter into a contract with Schillewaert
Landscaping for the landscaping at the water tower at a total cost of
$11,901. Fran Fair questioned the credibility of the bidding process in
that using quotes rather than a formal bid can create the potential for
an unfair advantage. Roger Mack noted that since the total project cost
was under $15,000, it was not necessary that a formal bidding process be
completed and that the City does have latitude to negotiate prices based
on an original quote.
After discussion, motion made by
Blonigen to authorize the City to
for the landscaping at the water
Motion carried unanimously.
n.
Shirley Anderson and seconded by Dan
contract with Schillewaert Landscaping
tower at a total cost of $11,901.
Council Minutes - 9/11/89
19. Consideration of purchase of lawn vacuum for Parks Department.
John Simola sumnarized his report by stating that it appears to be cost
beneficial to purchase a lawn vacuum rather than contract with a quality
lawn care maintenance company for vacuuming of 12 acres of parks twice
per year at an estimated annual cost of approximately $5,000.
After discussion, inotion made by Dan Blonigen and seconded by Shirley
Anderson to purchase the vacuum as recoimnended by staff.
20. Other Matters.
Gary Anderson presented Council with a quote from Security Locksmith for
replacing latching hardware in all offices.
After discussion, motion made by Fran Fair and seconded by Shirley
Anderson to purchase locks and services necessary to install/replace
latching hardware in all offices in the amount of $2,154.55. Motion
carried unanimously.
Jeff O'Neill
Assistant Administrator
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