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City Council Agenda Packet 04-23-1979AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL April 23, 1979 - 7:30 P.M. r' 0 \` Mayor: Arve Grimsmo ® �� `• ��.' /Councilmembers: Fran Fair, Ken Maus, Dan B3. n, Philip White. 0 1 J f �L.?? Y Meeting to be taped. Ur G'i 1 ,/Citizens Comments.® 7-0 yL,oEtJ 2 (oA�tic., rJGry i1. Consideration of Rezoning of Block LO of Original Monticello Plat V/7. Approval of Bills for the Month of April, 1979. 8. Approval of Minutos - Regular Meeting of April 9, 1979. Unfinished Business - NowBusiness - /Annual Annual League of Minn000ta Cities Conference - Juno 13-15, 1979. /Board of Roview - May 10, 1979 - 700 P.M. Aff f., tSM..+.,.. 0- i. J�O,P T"411611 X9500.9ev from R-3 to R-1 or R-2. L',(1 M. -I. I—, %06%:L L..N T,1, t(o 9acio 4Lw Il.•�:'0 of its 1. L@6 3-7 : uval 6 L .l2. Consideration of Change Order to Contact with Northdale Construction Q on 1978-1 Improvement Project. 5(j jp tCI.4_ Ri -L&sr D a �3. Dai Corry}g�ideratior�,of Determination of Sanitary Interceptor Sewer Route. L �.+..1 B� 4a+.�sur. L. �V 8 '/4. Y_ S Yoe S SAF ,tP(u%s►� �J, Consideration of Approval of Fireworks ermit - Chamber of �d Commerce for July 4, 1979. AT(L L-9° , CA*� io C -A -j 1Lr' ,5. Consideration of Approval of Off -Sale, Non -Intoxicating Liquor Liconae for Jon Hanson, DBA/Tom Thumb Superette. po,'e p -/6. Consideration of Approval of Award on Uninent Domain for Order Issued by the 10th Judicial Court District. V/7. Approval of Bills for the Month of April, 1979. 8. Approval of Minutos - Regular Meeting of April 9, 1979. Unfinished Business - NowBusiness - /Annual Annual League of Minn000ta Cities Conference - Juno 13-15, 1979. /Board of Roview - May 10, 1979 - 700 P.M. Aff f., tSM..+.,.. 0- i. J�O,P T"411611 X9500.9ev a MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL April 23, 1979 - 7:30 P.M. Members Present: Philip white, Fran Fair, Dan Blonigen, hien Maus. Members Absent: Arve Grimsmo. Citizens Co`mnents - Mr. Gene Carlson informed the Council that he intended to buy a house from Harry Benson on East Broadway, and indicated that the garage on this property is located half on Mr. Benson's lot and half on the neighbor's lot owned by Kevin Olson. Mr. Carlson proposes to purchase part of Mr. Olson's property so that the garage will be located all on his lot and in exchange, will be giving Mr. Olson a portion of his rear lot. As a result, the garage would then be all on Mr. Carlson's pro- perty, but would be within 1' of the property line. Mr. Carlson wanted it, as a matter of record, that he would not object to Mr. Olson some day building a garage on his property, if the Council would approve the variance allowing this garage to be on the lot line. The question arose by the Council whether they would allow Mr. Olson in the future to build a garage directly alongside of Mr. Carlson's garage as there would be no access to the rear portion of either lot if this would occur. It was also the Council consensus that this item relating to the garage being on the lot line going to the Planning Comnisoion for their recommordations prior to Council action. Representatives of the Monticello Country Club requested that the Council consider extending sower and water along County Road 39 to the Country Club property since it would be available as part of the 1978-1 project. John Badalich, City Engineer, informed both the Council and the Country Club representatives that the water main now runs along County Road 39 all the way in front of the Country Club property, but that the sewer stops about 700' short of the Country Club entrance. The reason for the request by the Country Club was that they indicated they may be developing the property abutting County Road 39 into residential Iota and thought that the cost would be cheaper now than to wait until the future to extend sower and water. Mr. Badalieh also stated that the Country Club, when the 1978 project was proposed, indicated they were not receptive to sewer and water because they wore uncertain as to when they wore going to develop their property, and as a result, that is why the sower does not extend all the way along County Road 39. it wan recommended by the City Engineer that the Country Club decide how they are going to plat their land before sewer is extended to the property. /3 v Council Minutes - 4/23/79 The Country Club Board of Directors will be meeting to decide if the; would like the sewer extended along County Road 39 and will be reporting back to the Council within two weeks. Mr. Ray Galernaut, with a St. Cloud advertising company, informed tho Council for the go-ahead to make a presentation to the Planning Coamission on possible changes in the City Ordinances in regards to signs and bill- boards. Mr. Galernaut indicated that he will have a written summari- zation of his presentation available prior to the Planning Commission meeting. It was noted that there was no objection by the Council to Mr. Galernaut's request. 1. Consideration of Rezoninq Block 10, Monticello, from R-3 to R-1 or R-2. At the March 26, 1979 Council Meeting, the City Council was approached by a group of citizens in Block 10 expressing concern over the possible development of an apartment house in Block 10. At the time of the request, the Monticello City Council requested that the Planning Commis- sion hold a public hearing to consider rezoning Block 10 and also put a moratorium on any building permit approvals for multiple family dwellings in this Block until the issue could be resolved by loth the City Council and the Planning Commission. At the Public Hearing held by the Planning Commission April 17, 1979, Mr. Ron White proposed to build a seven -unit apartment complex on Lots 8, 9 s 10 of Block 10. His proposal met all City Ordinance requirements in terms of lot size and square footage per unit. It was brought out at the Planning Commission hearing that apparently many of the owners in Block 10 were not aware of the fact that their area was zoned for large multiple family dwellings, and requested that Some type of restrictive zoning for single or two-family residential be implemented in this area. The primary concern of the residents was not to stop Mr. White from building his apartment, but to limit future and more development of apartments in the area. The Planning Commission voted unanimously to recommend that the present zoning of R-3 remain, since it has been zoned that way for seven years or longer and that to change it now just because a developer proposes an apartment house may subject the City to a lawsuit. Mr. Ron Peters again indicated that tho residents were not that opposed to Mr. Whito's apartment house, but suggested that the South half of Block 30 be rezoned to R-2 (single and two-family) to limit future development of apartment houses. In reviewing the R-3 zoning in the area, the Council discussed the possibility of rezoning not only the South half of Block 10, but also Block 21 and the South half of Block 11 from R-3 to R-2. Except for the three lots proposed for an apartment house by Mr. White, this would leave the area north of Sixth Street in R-2 zoning. Since thoao other areas were not part of the Public Hearing at the Planning Comnisuion level for possible rezoning, a motion was made by Fran Fair, seconded by Ken Maus and unanimously carried to lift the moratorium on multiple family dwelling building permits for Lots 8, 9 c 10 of Block 10, but rocommondod that the Planning Commission hold a public hearing to consider rezoning a larger area north of Sixth Street from R-3 to R-2. - 2 - /3 ED Council Minutes - 4/23/79 2. Consideration of Change Order to Contract with Northdale Construction on 1978-1 Improvement Project. As part of the 1978-1 Improvement Project, Northdale Construction Company de -watered a large portion of Country Club Manor Plat to allow for the installation of sewer and water. As a result of this de-waterinc, a large amount of water built up on the north side of County Road 39 and went through a culvert underneath the Burlington Northern railroad tracks onto the School's property. Since this was a dangerous situation with School children playing in the area, Northdale Construction alleviated this problem by getting an agreement from the Country Club to allow them to construct an open ditch along the south side of the railroad tracks that eventually emptied into Otter Creek. Northdale Construction is about at the point to repair this ditch and put the property back in its previous shape, however, in looking at this ditch, it appears that the open ditch could be beneficial to drain the area of F:ampa Estates, Country Club Manor and a portion of the property owned by the Country Club. City Engineer, John Badalich, recommended that this open ditch remain as part of the 1978-1 Improvement Project and indicated that Northdale Construction would reslope the open ditch to the satisfaction of the Country Club to approximately $3,800 to $4,000 extra. The Country Club indicated that they would be agreeable to the open ditch romaining since it would also be beneficial to the Country Club property. The additional cost of improving this ditch would Igo part of the 1978-1 Improvement Project and would he assessed back to the tnnefitting areas, including Country Club Manor and Kampa Estates. Mr. Badalich indicated that he would be talking to the Department of Natural Resources to got their okay on draining this area into Otter Creek and it was decided by the Council to table any action on this until Mr. Hadalich talks to the Department of Natural Resources and until an exact cost figure can be obtained from Northdale Construction Company. 3. Consideration of Determination of Sanitary Sower Interceptor Route. As part of the City's application to the EPA and Minnesota Pollution Control Agency for grant moneys and updating the City's wastewater Treatment Plant, it was necessary to build an interceptor sewer line from the City's treatment plant to a point just north of the intersection of Washington Street and Burlington Northern railroad tracks. As part of Stop II in this process of obtaining grant moneys, the City Engineer needs to determine the exact route that this interceptor line will cake from the treatment plant to the intersection of Washington Street. City Engineer, John Badalich, outlined five different alternate routes the interceptor could take to reach Washington Street and the Burlington Northorn Railroad tracks. One of the routes would go along County Road 7; to Washington Street, and then south along Washington Street to the railroad tracks. This route !wing the most expensive, would also entail digging up Washington Street which has just been put in with permanent streets. The other four alternativoo would take varioun routes through the Monticello school property to got to Washington Street and the railroad tracks. E Council Minutes - 4/23/79 Monticello School Superintendent, Shelly Johnson, recommended that alter- native a5, which would run through the school property but would be closest to the railroad tracks, would be more agreeable to the school district. This alternative would require removing approximately 20 Oak trees for, the sewer easement, but Mr. Johnson indicated that some of the other routes would disturb the football field or track field. It was the consensus of tl:e Council to ask the School Board for an ease- ment using alternate route 05 and also to get an appraisal of the ease- ment necessary for this sewer interceptor line and to present to the Council at the next meeting. 4. Consideration of Approval of Fireworks Permit for the Chamber of Co=erce July 4th Celebration. The Monticello Chamber of Commerce requested that they be granted a permit for a fireworks display on July 4, 1979. In the past few years, the fireworks display has taken place at the Pinewood Elementary School, but as a result of various improvements made to the School area and tho concern for people parking on these improvements, the Chamber requested that tire site of the fireworks display be moved tc the Oakwood Industrial Park. The fireworks would be shot off at the Public Works Reservoir site and would be done by the fire department. Council members were concerned about the number of people that may come to view the fireworks display and as a result, parking on private propos:y owned by the industries located in the park. It was recommended by the Council that the Chambur contact and get approval from the property owners within the Industrial Park for this display and at least make them aware of the fact that the display was going to take place in their area. Motion was made by Fran Fair, seconded by Ken Maus and unanimously carried to grant the Chamber of Commerce a fireworks display permit contingent upon the Chamber notifying tho property owners in Oakwood Park of the display. 5. Consideration of Approval of Off -Salo Non-Intoxieatinq Liquor License for Jon Hansen, DBA/Tom Thumb Superetto. Mr. Jon flansen, who is the owner of the new Tom Thumb Store in Monticello, requested an off -sale non -intoxicating liquor license for his convenience food store. Motion was made by Dan Blonigon, uocondod by Fran Fair and unanimously carried to approvo the non -intoxicating 3.2 boor license for the Tom Thumb Store. 6. Consideration of Approval of Award of Eminent Domain for Order Issued by tha Tenth Judicial Court District. The Tenth Judicial Court District, in its report of the Commissioners, liar Issued an order dated March 22, 1979, awarding the sum of $11,000 to Harold Ruff, Phyllis Ruff and Ruff Auto Parts, Inc. rslativo to the easement containing 6,410 square feet which the City had to obtain in order to serve Country Club Manor with sewer and water. The edsrmwnr - 4 - 13 Council Minutes - 4/23/79 was also for roadway purposes in addition to utilities. It was noted that either the Ruff's or the City could appeal this award, but as of this date, no appeal has been filed by the Ruff's. It was the consensus of the Council that no action would 1-.a takQn in regards to an appeal since it would probably be more costly than the award itself. 7. Approval of Bills. Motion was made by Fran Fair, seconded by Dan Blonigen and unanimously carried to approve the bills for April 1979, as presented. (See Supplement 4-17-79 41). 9. Approval of Minutes. Motion was made by Dan Blonigen, seconded by Fran Fair and unanimously carried to approve the minutes of the special meeting of March 27th and the regular council meeting of April 9, 1979, as presented. 9. Consideration of Approval of 3.2 Beer License for Monticello Softball League. The Monticello Slow -Pitch Softball League requested a 3.2 beer license for their softball games during the summer from May 1979 to November 1979. Motion was made by Fran Fair, seconded by Ken Maus and unanimously ( carried to approve the issuance of the 3.2 license contingent upon payment of all past due bills of the League for latrine rentals. 10. Consideration of Attendance at Annual League of Minnesota Cities Conference. Motion was made by Fran Fiar, seconded by Dan Blonigen and unanimously carried to authorize Gary Wieber and Arvo Grimsmo to attend the Annual League meeting to be held June 13 through 15, 1979. Meeting adjourned. /r 1C�-- Rickwolfatoll;Zr Asaiatant Ad.'iniatrator RW/ns hdrpn.- 7957711 M—. L.— 333 5739 Cif o�/v,nnEicelLo 250 L=ast Broadway MONTICELLO. MN 55362 MEMORANDUM TO: City Council Members o 1 FROM: Gary Wieber, City Administrator fz-() DATE: April 30, 1979 SUBJECT: Board of Review On April 26, 1979, I received a call from the Wright County Assessor's office indicating that they would be willing to sit down with the City Council, if they would like, to review tl:e assessment of property in Monticello prior to the May 10, 1979 formal review board. d In the past, the City Council has not had a prior review of the property tax rolls in Monticello; however, this has been the first time that the Wright County Assessor's Office has offered to meet with the City Council beforehand. According to the Wright County Assessor's Office, they would be willing to most with the City Council almost .any evening, except May 2 and May 3, when they have already previously scheduled board of reviews. In my opinion, while this information would be informative, I do not believe it would be essential that a prior meeting be hold. Normally, at the board of review, there have boon five or six property owners concerned with the valuation of their property. However, this number is growing in the past few years. A special meeting could be called, according to our Ordinance, if the Mayor or any two Councilmembere feel such a meeting would be necessary, and a meeting data and notification be sot up. Obviously, this would be an open meeting to the public. For your information, I have enclosed a summary of the City board of review. It should be pointed out that the purpoae of the board of review is more to dotormino equalization of property values as opposed to taxes. Again, should any of the members of the Council or the Mayor desire a special meeting, please contact me and one could be arranged. I l GW/no ENCL. eDoma to /flonlcoffo little / moeul/nin 47 711 c=Ifl0Iz&c LLL L.oUIz&y e uU, _I2c. Box 682 JJ Monticello, Minnesota 55362 City of Monticello !.lonticelio, LIN 55362 RS: Extension of Sanitary Sevier Dear 31rs: Plense be advi3od as to the action taken by the Boo -d of !lirectors of the Monticello Country Club on Anril 27, 1979. ! !7e are requesting an extension on the sanitary sewer line 1_ to annroximacoly the !Monticello Country Club access road. -'Incerely, MAa � 1 Me-rileo Sonju, Secretary Monticello Country Club p y City Council - April 23, 1979 AGENDA SUPPLEMENT 1. Consideration of Rezoninq of Block 10 of Oriqinal Monticello Plat from R-3 to R-1 or R-2. At their March 26, 1979 meeting, the City Council of Monticello was approached by a group of citizens in Block 10 of Monticello and the surrounding area expressing concern over the possible development of an apartment house in Block 10. At the time of the request, the Monticello City Council did inform the concerned citizens that there was no specific zoning action that the Council could take that evening. relative to rezoning; however, they did take the following action: A. Requested that the Planning Commission hold a hearing to consider rezoning Block 10. B. Put a moratorium on any building permit approvals for multiple family dwelling units in Block 30 until the recommendation of the Planning Commission came back to the City Council and the City Council took final action. As a result of the action by the City Council, a hearing was held by the Planning Commission on April 17, 1979, and notice was properly publicized and mailed to property owners within 350' of Block 10 to consider rezoning the Block from R-3 (Medium Density Residential) to either R-1 (Single. Family Residential) or R-2 (Single and Two -Family Residential). Briefly, listed below are the types of residential units that are allowed in the various districts: R-1 - Single Family Residential Only. R-2 - Single and Two -Family Residential with a four -unit family residential allowed as a conditional use. R-3 - Multiple Family Residential consisting of 12 units or less on a permitted use basic, and over 12 units on a conditional use basis. It should he pointed out that the proposed developer in Block 10 is Mr. Ron White, who has an option on Lots 0, 9 6 10 of Block 10 (sea enclosed map depicting area). Fee owner of this property is Mr. Jamas Murray who has a house situated on Lot 10 of Block 10. Mr. White is considering a proposal for a seven -unit apartment in this area. This proposal would moot the City ordinance requirements of lot size of 8,000 square foot for the first unit in an R-3, plus 2,000 for each additional ono -bedroom unit, or 2,500 square foot for each additional two-bedroom unit. Proposed area is 32,670 square feat. It should be noted that the property was zoned in 1972 as R-3. When ini- tially zoned as an R-3, the original ordinance would allow multiple family dwelling units in thin block as a permitted use, and the ordinance only called for 5,000 square foot plus 1,500 square, feet per family, and as a result, an 18 -unit apartment house could have boon put up without any variances or conditional uoo permits providing that the Murray home was removed. Council Agenda Supplement - 4/23/79 Apparently, many of the owners of property in Block 10 and the surrounding blocks were not aware of the fact that this large a multiple family dwelling unit could go up in Block 10. However, since the block has been zoned R-3 for seven years, there is some concern to rezone the area now to R-1 or R-2 just because of a specific proposal could be construed as arbitrary and capricious and could be subject to scrutiny. Mr. White has been informed of the meeting and has been requested to bring any plans and drawings he has relative to the project in order to allow the City Council to make a better decision. In talking to one of the property owners that was concerned about the project, the indication was that possibly the neighborhood would not be so concerned with the immediate development, but with future and more develop- ments for apartments in the area. He had expressed concern with there becoming all multiple family dwelling units. In this respect, it would appear that there would not be the opportunity for another multiple family dwelling unit unless another home or homes were removed. Addi- tionally, it is somewhat by design that multiple family homes are built within the same area as a result of zoning districts, and it is not the intent of the City ordinances to have these haphazardly scattered throughout the City of Monticello. One additional factor to be taken into consideration on this decision is that Lots 8, 9 s 10 do abut up against the railroad track on the north side, and it would be pretty hard or almost impossible to utilize the remaining lots not currently built on, that is Lots 8 6 9, since there would be no direct access, unless a multiple family dwelling unit were being planned for the entire three lots. I have talked to both Howard Dahlgren, the City's Planner, and also Gary Pringle, the City's Attorney, in regard to the zoning question. Advice received from both of these gentlemen is that the City could be subject to a lawsuit and possible damages if it rezoned an area somewhat after the fact. That is, rezone a property to a lower density residential after proposal for a multiple family unit was planned. Mr. Dahlgren fur- ther indicated that one solution to safeguard against future multiple - family dwelling units in Block 10 would be to rezone the south half of Block 10 to a lower density residential ouch as R-1 or R-2. in thio respect, Mr. White's property would still be allowed to he developed as multiple family, but the remaining portion of Block 10 and Block P would be safeguarded against future developments of this sort. At their meeting of April 17, 1979, the Planning Commission voted unani- mously (Fred Topol absent) to recommend that the present zoning of R-3 remain. Testimony and documentation for their reasoning behind this decision is included in the Planning Commission Minutes of April 17, 1979, which are enclosed. POSSIBLE ACTION, Consideration of rezoning any portion of Block 10 from R-3 to either R-1 or R-2. Additionally, a doci- oion should be made to lift the moratorium that has boon previously not for multiple family dwellings in Block 10. REFERENCESs April 17, 1979 Planning Commission Minutes, Map of Area, Ron White's Plans which are available for review at City Ilall. - 2 - Council Agenda Supplement - 4/23/79 2. Consideration of Change Order to Contract with Northdale Construction on 1978-1 Improvement Project. In the Fall of 1978, Northdale Construction de -watered a large portion of the Country Club Manor Plat to allow the installation of sanitary sewer and watermain. As a result of this de -watering, a large amount of water built up on the north side of County Road k39 and went through a culvert underneath Burlington Northern railroad tracks onto the School's property. Since this was a dangerous situation with School children playing in the area, Northdale Construction alleviated this problem by getting an agreement from Monticello Country Club to allow them to construct an open ditch along the south side of the Burlington Northern railroad tracks that eventually emptied into Otter Creek. When this was done, the culvert underneath the railroad track was plugged so as not to put any more water on the School property. Northdale Construction is about at the point to repair this ditch and put the property back in the shape that it was and would be suitable to the Country Club. However, in looking at this ditch, it appears that this open ditch could be beneficial to drain the area of Kampa Estates, Country Club Manor and a portion of the property owned by the Country Club. The Country Club Board of Directors would approve this ditch not being closed up provided that it was properly sloped since it would be, at that point, a benefit to them. Our Engineers, Orr-Schelen-Mayeron s Associates, have talked to Northdale Construction, and they would be agreeable to eloping this open ditch for an additional amount of approximately $4,000. John Badalich has recommended that the City of Monticello approve of maintaining this open ditch and sloping it properly to be agreeable with the Country Club, since Mr. Badalich fools that it will save the City money in the long run in order to properly drain the aforementioned areas. Mr. Badalich further went on to indicate that he will be pre- paring a report which will hopefully arrive in time to be sent out with this Council Supplement, indicating the future cost savings to the City of Monticello if the additional work on the ditch is completed. Q It should be pointed out that Northdale Construction's coot on this project is reduced by $2,500. The $2,500 figure is the coot that Northdale Construction estimates that they would be liable for anyway since they would havo to ultimately put the existing ditch back in proper shape. Of course, if the Council does not approve of the change order with Northdale Construction, the flitch will still have to be filled in and put back in proper shape at no cost to the City. It is further rocommended that the coot of improving this ditch to make it a ewail typo of ditch would be put on the 1978-1 Improvement Project and assessod back to Country Club Manor and Kampa Hatatoo. No asaoas- mont is being proposed for the Country Club, itself, since they aro in affect allowing the use of their land for the open swail. Council Agenda Supplement - 4/23/79 Quite simply then, this is just a matter of turning a temporary ditch into an open swail that will be beneficial to the surrounding area at a very minimum of cost. I have informed Country Club officials of the meeting on Monday night and I am sure they will have representation here. POSSIBLE ACTION: Consideration of change order with Northdale Construction to turn the temporary ditch into an open drainage swail. REFERENCES: Report from John Badalich. 3. Consideration of Determination of Sanitary Interceptor Sewer Route. As part of the City's application to the Environmental Protection Agency for 75% grant moneys and to the Minnesota Pollution Control Agency for 15% grant moneys for the updating of our present Wastewater Treatment Plant, it is necessary to build an interceptor sewer from the City's existing Wastewater Treatment Plant to a point just to the north of the inter- section of Washington Street and the Burlington Northern railroad tracks. There are three phases involved with the City's application for these state and federal funds. Step I covers the comprehensive plan for sanitary sewer or the facilities planning report. Step II, which the City is currently in at this point, covers the preparation of plans and specifi- cations for the treatment plant and the interceptor. Step III is the actual construction. In Ctcp I, Jr. tl: facilities yidnu u,y rcpua't, tiw interceptor sewor route between the City's existing wastewater treatment plant and the point just north of Washington Street and the Burlington Northern railroad tracks is indicated in going through the Monticello School District's property. At that time, it was felt that this route would be the boat by our engineers, although no specific cost estimates were made for an alternate route. As part of the Step II process that we aro currently in, our engineer needs to determine the exact route, and as a result, has prepared coat estimates on various routes, some which would go through the School's property and another route which would go from the City's wastewater treatment plant down County Road 075 to the intersection of Washington Street and 075, and then in a southerly fashion to the point just north of the intersection of the Burlington Northern railroad tracks and Washington Street. Preliminary discussion has taken place with Monticello School Superintendent relative to obtaining an casement through the School's property for the interceptor route. Shelly Johnson has brought this to the attention of the attention of the School District and indicated that it might be a possi- bility, and the School District was receptive to considering ouch an casement depending upon the actual route. Enclosed, please find a proposed interceptor sewer route through the School's property that has boon recommended by our engineer, and on a preliminary basic, would be the most preforrablo by School Superintendent, Shelly Johnson, in reviewing varioue other routes through the School's property. Additionally, please find - 4 - Council Agenda Supplement - 4/23/79 enclosed a cnst worksheet prepared by our engineer on five various routes for the interceptor sewer. Please note that Route 01 would be utilizing existing right-of-way of County Road 075 and Washington Street and would not go through the School's property at all. Routes 2 through 5 are various alternatives through the School's property, with Route 5 being the one proposed at this point. Route 5 was selected due to the following: A. On a preliminary basis, most agreeable to the School District. B. Approximately $90,000 less than going down Highway 075 and then down Washington Street. One question that was brought up was what compensation, if any, would be forthcoming from the City to obtain the proposed easement. I indicated to Shelly Johnson that the City's policy has been to have an appraiser of its own determine the value of an easement and make this as the initial offer to the landowner. I explained to him that the City, in the past, had received easements for $1.00 and at the same time, had to pay other property owners who chose to go through eminent domain, quite a substantial bit more for the particular casements in question. However, I did mention to Shelly that I was not sure how the Council felt about that specific issue in light of the fact that the City would actually be obtaining an easement from another taxing district, the School District, and the City constitutes approximately 75% to Ase of the School District's total tax base. Additionally, this easement is quite extensive and could result in a large settlement. Additionally, the question was raised whether the City would have eminent domain powers if it so chose over another taxing district. Gary Pringle indicated, when contacted, that land already devoted to another public use can be taken under general laws whore the effect would not be to extinguish a franchise. If the taking would not materially injure the prior holder, such a condemnation would be sustained. Obviously, this is left open to a considerable degree of interpretation by the courts so the City could be fairly hard-pressed to determine that it would have the right of eminent domain in this particular case. Procedure at this point would be for the City tot A. Determine routo to be taken for the interceptor sewer, subject to any casements that may be necessary. D. Contact property owners, in this case tho School, if casements are proposed, and request the same. C. Dotormino the amount, if any, to be proposed on obtaining the oasomonts. In talking with Shelly Johnson, he indicated that onco the City has dotor- minod the value, if any, and the routs, that he would approach the School Board to see if they were agreeable to grant tho City the necessary eaooment. - 5 - Council Agenda Supplement - 4/23/79 POSSIBLE ACTION: Consideration of determining route for the interceptor sewer and consideration, if necessary, of an amount to be paid for the easements to be obtained. VUR REFERENCES: Enclosed map depicting general proposed interceptor route layout. 4. Consideration of Approval of Fireworks Permit - Chamber of Commerce for July 4, 1979. The Monticello Chamber of Commerce is requesting that they be granted a permit for a fireworks display on July 4, 1979. In the past few years, the fireworks display has taken place by the Pinewood School. Although the display has been sponsored and paid for by the Chamber of Commerce, the Monticello Fire Department is in charge of shooting off the fireworks. The firemen utilize the area by the Public Works Maintenance Building for shooting off the display. As a result of having various improvements made to the Pinewood School area and the concern for people parking on these improvements, the Chamber of Commerce is proposing to change the site of this fireworks display out into the Oakwood Industrial Park. It is proposed toot the fireworks display would be set off from the City's land that it owns adjacent to the ctoragc rccor:oir and would w shut off cowards the Oakwood Industrial Park area. This area is being proposed by the Chamber of Commerce due to the following factors: A. Large amount of open land. B. Room for cars along Chelsea Road and the other roads within the Industrial Park. There is some concern with assuring adequate protection for shooting off the display. However, this could be accomplished, as it has in the past, by the firemen themselves, by keeping people a safe distance away from the actual detonation point. Additionally, there is a concern for people who may come to view the display parking on property owned by industries within the Industrial Park, itself, and damage they may do to the lawns, etc. Of course, this concern exists no matter where you have a display of fireworks. However, it may be well if the Council wore to consider the approval of this pormit and request that the Chamber at least contact and get approval of the property owners within the Industrial Park area for this display, and make them at least aware of the fact that the display was going to take place and arrange for other proper safety precautions. Additionally, of course, the Sheriff'o Department could bo notified of the time and place of the avant. POSSIBLE ACTION: Consideration of approval or denial of fireworks display permit. - 6 - Council Agenda Supplement - 4/23/79 5. Consideration of Approval of Off -Sale, Non -Intoxicating Liquor License for T Jon Hanson, DBA/Tom Thumb Superette. A-- Mr. Jon Hanson, who is the owner of the new Tom Thumb Store in Monticello, is requesting an off -sale, non -intoxicating liquor (3.2 beer) license for his convenience food store. For your information, Mr. Hanson meets the qualifications of the City's ordinance and state statutes relative to an application and approval of a license for 3.2 beer. tie currently is operating two other Tom Thumb Stores in Delano and Moundsview. POSSIBLE ACTION: Consideration of approval of 3.2 beer license for Mr. Jon Hanson. 6. Consideration of Approval of Award on Eminent Domain for Order Issued by the 10th Judicial Court District. The 10th Judicial Court District, in its report of the Commissioners, has issued an Order dated March 22, 1979, to award the sum of $11,000 to Harold Ruff, Phyllis Ruff and Ruff Auto Parts, Inc. relative to the casement containing 6,410 square feet the City had to obtain in order to serve Country Club Manor with sewer and water and also for roadway purposes. According to state statutes 117.145, either party can appeal the award within 40 days from the date the report has been filed. At this point, I am not aware of any appeal that has been filed by the Ruff's from the award, and although the sum may seem high, I have talked to Gary Pringle and it may be more costly to appeal the award than to approve it. An appeal would involve additional litigation costs, along with the good possibility that the ultimate award would be very close to the $11,000. POSSIBLE ACTION, No action is necessary unless the City Council would decide to appeal this award. Note: For your informa- tion, the Commissioners have not yet issued their award on the property to be obtained from Mr. s Mrs. Tim Genung. This area is approximately 20,000 square foot. REFERENCES, Enclosed copy of the report of the Commissioners. - 7 - MItiUTES 1,hGVI.AH mwrlt.c. - I-IONTICELLO PLANNItIr COMMISSIOti i Tuesday, April 17, 1979 - 7:30 P.M. ,,cml,.•rs Present: Jim Ridgeway, Dave Bauer, nick Martie, Ed Schaffer. munb4ers Absent: Fred Topel 1. Annroval of Minutes. A notion was made by Dave Bauer, seconded by Ed Schaffer and unanimously carried to approve t1he Minutes of March 20, 1979, as presented. A cation was made by Dave Bauer, seconded by ed Schaffer and unanimously carried to approve the Minutes of April 3, 1979. 2. Public Hearing - Rozoninq of Block 10 of Original Monticello Plat from P.-3 to F-1 or R-2. At their March 26, 1974 meeting, the City Council of Monticello was approached _ by a group of Citizens in -Block 10 of_Menticello and the nurrounding area, expressing concern over the possible development of an apartment house in I31ork 10. At the time of the request, the Monticello City Council did inform the concerned citizens that there was no specific zoning action that the Council could take that evening relative to rezoningl however., they (Ili talo the following action: A. Fequastod the Planning Commission hold a hearing to rezoning Blank 1G. B. Put a moratorium on any building permit approvals for multiple fnmlly tlwellinq units in Block 10 until the recommendation of tht� Planning Commission came back to the City Council and the City Council took final a.•tion. A:, a result of this action, a public hearing has been properly l.ublinbr.d mtl notice has been given to property owners within 35o, of Block 30, to con•i1_l.-r rt-ztrnina tho Block from R-3 (Medium Density Residential) to I:-1 (Single I'aculy l.tuldential') or R-2 (Single and Two -Family keuidential). .tit the outs, t, i;ary Wictior, City Administrator was requested itl the thalrr.ln to exllain the history hehind the zoning of Illock 10. Mr. WI -J er uxl,lainil tl,::L tho zoning of Block 10 has been R-3 since 1972. lie Further oxpiaincl Ll.at iu contacts with the City Planner and City Attorney. the ro was conc,,tr, Lviative to t,:zuninq the property to R-1 or 11-2 in order to avoid a parti,'Jiat' ievelopmrnt. Mr. Wichor did explain that that Plannitr3 Commissi,.n to want to consi,ier rezoning the south half of Block to to I-1 or P-2 tt, }t-'tcct l.rol-Lrty owntre in that area from future multiple family dwell in'] .::,I�.. ':ho lardcular prol•ost,d davelopment at this point wan 1ocatod rn 0., t,Ltt:. :lalf rf Block 1t'. altecifically. Lots ti, 9 b 10 of Blovk lit. At t`.is Foit:t, the meeting was opened for tine public hatering }curt con, an -1 t'., fc:»owing comments were received, Minutes - Planning Comm. - 4/17/79 lla rwtn Straw - owner of property on south half of Block 10, would like to sec the entire Block stay as an R-3 zone. Mr. Straw indicated that although he had no immediate plans for multiple family dwelling unit, he would like to leave this option open for himself or a subsequent buyer of his land. Jim Murray - owner of Lots 8, 9 6 30 of Block 10. Mr. Murray owns the site that is proposed for a seven -unit apartment house by Ron White. Mr. Murray indicated he bought the property for apartments, and would be very much opposed to rezoning at this time. Ron White - Developer who has the option on Tats 8, 9 6 10 of Block 10, indicated that he had an option to buy the property specifically because it was zoned as R-3, and if it is rezoned, he simply would not purchase it. Jack Maxwell - Realtor - He had indicated this puts Mr. Murray in a very had position since he purchased another home with no contingency due to the fact that he had an option to sell Mr. White his property. Ron Peters - owner of property on the south half of Block 10, indicated that the neighborhood would probably have to accept the current proposal of Ron White's for an apartment, but would request rezoning the rest of the Block to R-1 or R-2. He indicated he did not realize the area was R-3 when he purchased his property. Mr. Peters went on to say that he took excertion with linrwin Straw*m initial opposition to an accessory building that was being planned at one time by Mr. Murray, but now Mr. Straw apparently is in favor of multiple family housing in the area. Mr. Peters felt that Mr. Straw was not being consistent since he had previously apposed the accessory building and now was in favor of multiple family which +ir. Fetors felt would be more detrimental to the arca than the previous lroposal by Mr. Murray. KAren Hanson - property owner on north half of Block 10 said she was very concerned with the number of apartments in the area of Block 10 and that within a vary short distance of Block 10 and including Block In there would tea approximately 8U arartment units. Mr. and Mrs. Roger Chartrand - The following written testimonial was received trj the Planning Commission and signed Chartrand Residence, apparently ruferricq to Mr. and Mrs. Roger Chartrand. "we are in agreement with the rezoning of Black V from R-1 to either R-2 or R-1. Rezoning is the only feasible thing to W deny: considering the traffic problem we would have with thf: additiunal .tars an al artmer,t building would bring. " MUtion wall made 1y nave Bauer, seconded by Dick Martie and was unatimou•-.y .•arried to deny the rezoning request. Some of the reason,, for t..o d,.nial 'if the reznnin.l requf•ut are as follows, A. Area Lad 1Mrr h -i for at least seven (7) years. 11. Comrrwhensivo Plan shows this specific area as multiple family and it was felt that consintancy should be maintained with the Comprehonsive Plan and the area should be left as is. - 2 - a.0 r: Minutes` Planning Coma: °r 4%1T/,-79'' °,. c,. Intent of coning ordinance by design is to qroup multiply family p: dwelling unites within the same general area. °1rr A motion was made by Ed Schaffer, seconded by Dick Martie and unanimously carried to adjourn. n Gary'Wieber ;^ City Administrator GW/a -3- �I, rlr�ty ,• �Bel STATE OF M 1 N NESOTA Dl ST'R 1 CT COURT COUNTY OF WRIGHT TENTH JUDICIAL DISTRICT ------------------------------------ City of Monticello, a Minnesota Municipal Corporation, located in Wright County, and its City Council, Petitioner, VS. REPORT 01' COMMISSIONERS Harold Ruff and Phyllis Ruff, and Ruff Auto Parts, Inc., Respondents. ----------------------------------- To the Court Above Named: The undersigned Commissioners appointed by this Court fu tht' above entitled matter by the Order of the Court riatcri December 12, 1978, do hereby report as lollows: 1. That we met at the time and place appointed by the Court. therefor, to -wit: In the off Ice of the Clerk of District Court in the Court (louse at. Buffalo, Minnesota. at 9:00 A.M. on Thursday, th„ 21s1 day of Deccmbcr, 1978, :oid have severally taken the oath prescribed by lnw; and that we did view tho premise!. described In the petition herein. We havr viewed the premises and 1 - vi-- lw—aid ,111 pot sons who wished Io appear awl asked to be hca d. 11. l� ':c did meet at the T:onticello City II.111 on the 241.h day of Jauu.u'y, 1979 t� at 1:00 P.M. alter giving notice to I.he delendnnl s, Harold Rolf, 11byl Iis Rnll, and Hutt Auto Parts, Inc., ,Ind we heard al I porson!. who appoan:d :nitl ash,!d te, nftcr }:l l't ll,; ..,.1 ".1111': I,i P.m.""in 1---1 W„ Ine" 111 nay.: appr,lised tin• valur of the Inod un propn::ed to be token, :enol IIu, damai;rn austaint'd by I.h,• nelendant:i by I. abun ul t.h.• t.,klug 1h- ­d. .111/1 the sem,• are an follows: The parcel description of the land over which the. I F1 condemned property is to run is described as follows: A permanent easement for roadway and utility purposes over, under, and across that part of the South 659.00 feet of the East 30 acres of the Southeast Quarter of the Northeast Quarter of Section 10, Township 121, Range 25, Wright County, Minnesotap described as follows: Beginning at the southwest corner of said East 30 acres of the Southeast Quarter of the Northeast Quarter; thence North 3 degrees 05 minutes 44 seconds East, assumed bearing, alorfg the west line of said East 30 acres a distance of 107.64 feet; thence South 44 degrees 50 minutes 16 seconds East 160.27 feet to the south line of said Southeast Quarter of the Northeast Quarter; thence North 87 degrees 05 minutes 46 seconds Nest, along said south line, a distance of 119.10 feet to the point of beginning. Said permanent easement contains 6,410 square feet more or Iess. To the defendants, Harold Ruff, Phyllis Ruff, and Ruff Auto Parts, Inc., we award f.he sum of $11,000.00. We farther report that in the performance of our duties as commissioners, we were occupied for 2 days. Dated this 22nd day of March, 1979. Duuald Stoner, LeRoy Kreit.low and Dunald Weismann.Commi%Sion members in +.hu a!>ave eutitted n:attor, by. Donald Wei smann,r.ommtsslon chairman �yF r E- U 13KVr U'SUMfY r,.y MAR • '7 1979 D LIQUOR FUND LIQUOR DISBURSEKNNTS - APRIL - 1979 I ANOINT CFLNO. Ed Phillips & Sons - Liquor 1577.21 1 8682 Refrigeration Systems, Inc. - Ice machine 1755.00 8683 Yonak Sanitation - Contract 30.00 8684 Griggs, Cooper & Co. - Liquor 1527.67 8685 Old Peoria - Liquor 489.81 8686 Johnson Bros. - Liquor 683.71 8687 Twin Clty Wine - Liquor 633.57 8688 Johnson Bros. - Liquor 2879.66 8689 Twin City Wine - Liquor 589.01 8690 Fd Phillips & Sons - Liquor 4582.40 8691 State Treasurer - PFRA 251.42 8692 Commissioner of Revenue - Sales tax - March 1785.41 8693 State Treasurer - Social Sec. Fund 878.30 8694 Wright County State Bank - Fed. With. tax 381.29 8695 Comm. of Revenue - State With. tax 174.20 8696 Banker's Life Ins. - Group Ins. 153.18 8697 Mobil Oil - Gordis Link - Fuel oil 493.90 8698 Foster's Ins. Agency - Prepaid Ins. 676.00 8699 Lie£ert Trucking - Freight 221.00 8700 Bridgewater Telephone - Telephone 43.98 8701 Northern States Power - Utilities 392.40 8702 Marco Business Products - One used Norelco recorder 111.50 8703 Monticello Office Products - Store expense 13.05 8704 Granite City Cash Register - Repairs 28.00 8705 Persian's Office Products - Repairs 26.50 8706 Twin City Wine - Liquor 395.60 8707 Johnson Bros. - Liquor 1306.88 8708 Griggs, Cooper & Co. - Liquor 1149.78 8709 Midwest Wine - Liquor 659.54 8710 Adams Peet Control - Stone expense 22.75 8711 Old Dutch Foods - Vdac. Mdse. 88.67 8712 7 Up Bottling Co. - Misc. mdse. 187.50 8713 Jude Candy & Tobacco - Misc. mdse. 333.37 8714 Dahlheimer Dist. Co. - Beer & mist. mdse. 2352.63 8715 Day Diet. Co. - Beer 130.50 8716 Bernick's Pepsi Cola - Misc. mdse. 94.75 8717 Viking Coca Cola - Misc. mdse. 387.50 8718 Dick Beverage - Beer 2109.30 8719 A. J. Ogle - Beer 322.90 8720 Grosslein Beverage - Beer 8689.50 8721 Thorpe Diet. Co. - Beer 1648.85 8722 Payroll for March 2991.34 TOTAL DISBURSEKENTS FOR APRIL $43,249.53 1 1 61- A A CIiN[:RAI. 1'11SD - APRIL AMOUNT CHECK NO. Dept. of Nat. Resources - Dep. Reg. fees 12.00 11392 U. S. Postmaster - Postage 142.00 11393 Wright County Hiway Dept. - County maps for resale 25.00 11394 Petty Cash - Misc. expenses - postage, certified letters, etc. 36.97 11395 Ed Lange - Custodial services 59.50 11396 Yonak Sanitation - Garbage contract 2884.00 11397 Mont. School District #882 - Library rent 147.00 11398 Arve Grimsmo - Mayor salary for April 125.00 11399 Mrs. Fran Fair - Council salary for April 100.00 11400 Ken Maus - " " " 100.00 11401 Phil White - ^ " " 100.00 11402 Dan Blonigen - " ^ " 100.00 11403 MacQueen Equipment - Street sweeper rental - Approved 3/26/79 * 1075.00 11404 James Preusse - Cleaning City Hall 180.00 11405 No. Central Section - AWWA - Reg. fee for seminar for Walt 35.00 11406 MN. State Trees. - License Center - Dep. Reg. fees 10.00 11407 Gwen BAteman - Animal Imp. expense 332.53 11408 Int. Harvester Co. - Service manual for new truck 25.00 11409 Hennepin Tech. Centers - Reg. fee for seminar for Richard Cline 39.00 11410 Dept. of Nat. Res. - License Center - Dep. Reg. fees 27.00 11411 State Treasurer - PERA 1394.81 11412 Comm. of Revenue - Water excise tax 72.48 11413 State Tress. - Social Security Fund payment 5376.67 11414 Wright County State Bank - Fed. With. tax 1927.30 11415 Comm. of Revenue - State With. tax 998.90 11416 Hoglund Bus Co. - Title, license & transfer fee on new truck 5.25 11417 N. S. Power - Utilities 3054.07 11418 North Central Public Service - Gas 814.96 11419 U. of M. - Reg. fee for seminar for John Simola 25.00 11420 Holiday Inn - Room reservation for Simola seminar 24.96 11421 Ed Lange - Custodial service 68.25 11422 Poirier Drug - Film 12.31 11423 VOID - 11424 Phillips Petro. - Street -23.181 Water -31.12; sewer -46.69 100.99 11425 3 M. Business Products - Copy machine repair 74.60 11426 Gould Bros. - Wrecker cervico & repairs to 72 & 75 trucks 797.38 11427 Feed Rite Controls - Sewer testing 65.00 11428 Northwestern Bell - Fire telephone 15.49 11429 Vance's Standard - Gas for Fire Dept. 16.21 11430 Amoco 011 - Street - 809.811 water - 22.331 sewer - 33.50 865.64 11431 Fyles Backhoe - Storm sewer steaming 450.00 11470 Albert Mayor - Mileage for Wastewater school classes 40.00 11432 Wright County Auditor - * police fines - March 428.25 11433 Big Lake Hardware - Pipe for sewer 14.40 11434 Wnter Products Co. - Meter valves, hydrant repair kit 512.99 11435 Fold Craft Go. - Table base for office 32.10 11436 Independent Lumber - Materials for picnic tables, brackets, etc. 62.72 11437 Wright Service 011 - Fuel oil at plant 459.72 11438 Foster's Ins. Agency - Ins. on antique fire truck 26.49 11439 Earl F. Anderson - 2 street signs 52.59 11440 Harry's Auto Supply - Broom, glass cleaner, fittings, wire, 116.92 11441 welding rode, lights, filters, gauge, mirror ur Ow„ Hardware - Paint brushes, cord, plug end, crow bar, 95.32 11442 6 volt batteries, bolts, Light bulbs, point, nuts, etc. * Total bid price $42,990.00 Payroll for March 10276.54 GENERAL FUND DISBURSEMENTS $96,927.02 Total bid price $42,990.00 l I;I:NrRAI. 171IND AMOUNT CHECK N0. Monticello Office Products - File cabinet, bookcase tops, etc. 306.22 11443 to Coast - Squeege, nails, gas cans, batteries, bolts, etc, 47.04 11444 �Coast .Vance's Service Center - Gas for Street Dept. 13.10 11445 St. Cloud Restaurant Supply - Hand towels for Inf. Center 30.20 1141.6 Brooklyn Trucking Co. - Class #5 for Prairie Road - to be 949.25 11447 charged back to Balboul Estates Monticello Times - Misc. printing expense 358.98 11448 Buffalo Rendering - Animal Imp. expense 20.00 11449 National Bushing - Hanger, seals, fittings, tape, tools, lights 288.90 11450 Maus Foods - Dog food, tea, coffee, paper towels 70.59 11451 Gross Industrial - Laundry 69.60 11452 Carlson Welding - Misc. welding, iron, nuts, bolts, etc. 97.55 11453 Monticello Printing - S/W postals, fire call slips , fire dept. 115.35 11454 supplies Suburban Gas - Gas at dog pound 33.67 11455 Centra Sota - Salt and broom 9.13 11456 Bridgewater Telephone - Telephone 379.51 11457 McCarthy Well Co. - Inspection of deep well #2 24.50 11458 Local #49 - Union dues 33.00 11459 Lindberg & Sons - Paint for picnic tables 29.11 11460 Flicker's T -V - Repair to amp. in council chambers 24.00 11461 Banker's Life Ins. - Group Ins. 1273.00 11462 Clerk of District Court - Certified copy of award on easement 5.00 11463 Dept. of Net. Resources - Dep. Reg. fees 27.00 11464 League of MN. Cities -Legal for lobbying -tax increment financing 100.00 11465 Orr-Schelen-Mayeron - February billing - E}ig. and meetings 304.60 11466 Smith & Pringle - Legal for March 619.50 11467 Clerk of District Court - Comm. award to Ruff's for easement 11000.00 11468 Clerk of District Court - Deposit with Court for Genung easement 4600.00 11469 Rick Wolfsteller - Expense for Conference 242.71 11471 MacQueen Equipment Go. - New Elgin street sweeper " 41915.00 11472 Dept. of Notural Resources - Dep. Reg fees 25.00 11473 Loren Klein - Mileage - Bldg. Insp. & Civil Defense 82.20 11474 Payroll for March 10276.54 GENERAL FUND DISBURSEMENTS $96,927.02 Total bid price $42,990.00 l