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City Council Agenda Packet 08-11-1980L AGENDA REGULAR MEETING - MONTICELIA CITY COUNCIL August 11, 1980 - 7:30 P. M. Mayor: Arve Grimsmo Council Members: Dan Blonigen, Fran Fair, Ken Maus, Phil White. Meeting to be taped. Citizens Comments - 1. Consideration of Subdivision Request for John Sandberg in Sandberg's Riversido Addition. 2. Consideration of Final Payment to Northdale Construction Company on 1978-1 Improvement Project. 3. Consideration of Pursuing Acquisition of Additional Land for Library Site. 4. Appointment of Election Judges for State Primary and General Elections. v 5. Review of Six -Month Financial Statements - Liquor Store. 6. Consideration of Approval of Building Inspector Attenting the I.C.B.O. Conference in Albuquerque, Now Mexico. 7. Approval of Minutes - Regular Meeting of July 28, 1980. Unfinished Business - Now Business - C Council Agenda - 8/11/80 AGENDA SUPPLEMENT 1. Consideration of Subdivision Request for John Sandberq in Sandberg's Riverside Addition. PURPOSE: John Sandberg has requested that the Council reconsider his request for a simple subdivision of Lots 3 s 4, Sandberg Riverside Add'n. into three residential lots. As you will recall, at the last Council meeting, Mr. Sandberg's request for a simple subdivision of Lots 3 6 4 into three buildable lots was denied. The new lots, as proposed, would range in size from 12,340 square feet to 16,325 square fact, all meeting the City of Monticello's minimum requirements in an R-1 zone of 12,000 square feet. The primary reason for the previous denial of the subdivision was due to abutting property owner's opposition. The two residents opposed - Sherrie and Ron White and Mel Wolters - were opposed to the subdivision since they indicated they originally purchased their lots in Riverside Addition based on the initial platting of the land with the understanding there would be no newly created lots. Mr. Sandberg has requested that the Council reconsider this subdivision request, as he feels he has met all the City requirements for a nimple subdivision. Mr. Sandberg also questionned the legality of the City denying his request onto all the City requirements have been mot, and has indicated that possibly legal action would be taken if his request is not approved. In light of this fact, City Attorney Gary Pringle has been reviewing the Council action and will be submitting an opinion on whether the City can legally deny Mr. Sandberg's request if his sub- division request meets all the City's requirements. At the time this agenda is being prepared, Mr. Pringle has not yet submitted a formal opinion, but will be submitted prior to Monday ovening'a meeting. Should the Council reconsider Mr. Sandberg's request, one other item that will have to be worked out is whether or not Mr. Sandberg will be assessed for sower, water and street improvements to the newly created lot. According to Monticello City Ordinance, if a lot is subdivided and has not boon previously aaseased for utilities, it would be aubjeet to assoosmenta. At the previous Council Meeting, Mr. Sandberg indicated that he would be willing to reimburoo other property owners in Riverside Addition an amount equal to what each property owner would have saved had there been an additional lot in the original plat. Thin figure was ootimatod at approximately $800 per parcel. Council Agenda - 8/11/80 If the subdivision is approved and it is decided that Mr. Sandberg should be assessed for this newly created lot, a determination will have to be made whether this assessment should be refunded to the abutting property owners or whether the amount of the assessment should be paid directly to the City. It has been the past policy of the City that any newly created lots not previously assessed for sewer and water have paid an amount equal to the current year's cost of installing such improvements directly to the City of Monticello. This was also true in the original Riverside Plat in that Lot 8, Riverside Addition, fronting on River Street had not been previously assessed. This parcel was served with sewer and water under the 1975-1 Improvement Project when this property was still part of the original cemetery. No attempt was made at that time to try and redistribute this assessment back to all the property owners under the 75-1 project, and the Council may want to continue with the same policy in that if Mr. Sandberg would be assessed for a newly created lot, this money should be paid directly to the City. Although it may be relatively easy in this case to refund a proportionate share of the assessment back to each property owner since there are only seven original lots in this subdivision, the City would be setting a precedent for the future when it may be very difficult to redistribute an additional assessment back to 100 property owners. POSSIBLE ACTION: Consideration of approval or denial of subdivision request, contingent upon this parcel being assessed for utilities, or aoscosments waived for these utilitico. REFERENCES: Certificate of survey showing the three proposed lots submitted with the last Council agenda. Legal opinion of Gary Pringle will be submitted prior to Monday evening's meeting. 2. Consideration of Final Payment to Northd ale Construction Company on 1978-1 Improvement Project. PURPOSB, Consideration of final payment to Northdalo Construction Company on 1978-1 Improvement Project. At the December 10, 1979 Council meeting, $4,000 of the final estimate cubmittod by Northdalo wan retained for the purpose of completing the drainage ditch through the Country Club property. At the time, the Country Club indicated that revisions had to be made to the ditch and John Badalich, City Engineer, felt that $4,000 was adequate to cover the items remaining to be complated. The initial contract amount wan $1,087,044 and the final value of work completed based on actual quantities amounted to $1,065,106.72, including Lhe $4,000 rotainago amount. - 2 - Council Agenda - 8/11/80 Mr. Howard Gillham, representing the Monticello Country Club, has indicated that the Drainage ditch has been completed to their satisfaction, and John Badalich, City Engineer, recommends that final payment in the amount of $4,000 be paid. POSSIBLE ACTION: Consideration of approval of final payment in amount of $4,000 to Northdale Construction Co. on 1978-1 Improvement Project. Total contract amount would be $1,065,106.72. REFERENCES: Letter from Northdale Construction requesting final payment. 3. Consideration of Pursuing Acquisition of Additional Land for Library Site. At the last Council meeting, the Library Project Committee members requested direction from the Council on the possibility of pursuing additional land acquisition for the library site. The Library Project Committee members felt that. the 6,000 square foot building proposed for construction would be hard to situate on the two lots given to the City by the School District and recommended that the City consider acquiring additional land from either Mr. Bob Dowling or the Independent School District 0882. Approval was given by the City Council for Committee Members Ken Maus and Loren Klein to approach the School Board at their regular board meeting to see if the School would be interested in selling or turning over the Bondhus property to the City for use as more land for a library. The School Board, at their last meeting held August 4, 1980, passed a resolution stating that they would be willing to sell the Bondhuo property to the City for additional library property. Gary Pringle, City Attorney, hao indicated that the City could, in hie opinion, go into Court and get a declaratory judgment indicating that should the City acquire one or all of these lots for library purposes, it would be for a school purpose within the meaning of the condition of the dead from Dondhua to the School District. Although the School Diatrict has indicated that they would be willing to sell the property to the City, a Salo price woo not indicated in their resolution, which indicated the price would be determined later. The following options appear available to the City: A. Authorize Gary Pringle to pursue the declaratory judgment. B. Obtain an option from the School District on the Dondhun property with a firm sales price before authorizing Gary Pringle to pursue the declaratory judgment. C. Contact Mr. Dowling concerning the possible purchase of his property. D. Proceed with building plane on the two lots donated to the City by the School Diatrict. - 3 - Council Agenda - 8/11/80 POSSIBLE ACTION: Consideration of pursuing an option on the Bondhus property from the School District and authorizing Gary Pringle to pursue through the Courts a declaratory judgment indicating that a library would be in the purposes of the covenant. REFERENCES: Memo from Gary Pringle regarding Bondhus covenant. 4. Appointment of Election Judqes for State Primary and General Elections. State Statutes require the appointment of election judges twenty-five (25) days pr±or to any election. On September 9, 1980 the State Primary Election is held and on November 4, 1980, the General Election is held. Following are individuals who meet the qualifications for the appointment as election judges: Marie Toenjes Arnold Strehler Herman Busch Joanne Link Anne Voll Lucille Clausen Marvel Trunnell Bette Grossnickle Betty Lund Leona Kline Mary Jo Quick Ruth Haratad Colleen DeBoer Fern Anderson Jeanette Host Marion Doerr Kayo Gauthier Julie Schlief Joanne Backer Cecil Kelling Don Nagel Additionally, the City Council should act the location of the polls, voting hours, and appoint the election board Chairperson. In tho pact, the City Hall has been utilized no the location of the polls, the voting hours havo been from 7100 A.M. til 8:00 P.M., and the election board chairman for the Primary and General Flection in 1978 wan Kra. Lucille Clausen. It is recommended that Kra. Clausen be again appointod Board Chairperson due to her past experienco. - 4 - Council Agenda - 8/11/80 The rate of pay for the election judges for both the Primary and General elections the past four years has been set at $4.00 per hour. It is being recommended that this hourly rate of pay be increased to $5.00 per hour as the amount paid election judges has not increased for at least four years. POSSIBLE ACTION: Consideration of appointment of Election Judges, election board Chairperson, location of polls, hours for polls to be open, and rate of pay per hour for election judges. 5. Review of Six -Month Financial Statement - Liquor Store. PURPOSE: Enclosed with the Agenda, please find the first 6 -months financial statements for the Municipal Liquor Store operations for 1980. Mark Irmiter, Manager, will be at Monday night's meeting to review the financial statements with the Council. As you will note, the financial statements indicate the liquor store is continuing to increase sales and operating income profits over the previous year's same period of time. Sales for the first six months of 1980 have increased over $55,000, or 18.6% over 1979 figures with the resulting gross profit increasing $16,000, or 28% over last year's figures. Expenses are up only approximately $3,500 over the same period in 1979, which indicate that Mark is holding the line on expenses. As a result, the increased sales and gross profit result in more operating income profit since the expenses are fairly stabilized at this point in time. with expenses being fairly stabilized, additional sales increases will continue to generate more net income for the liquor store operation. POSSIBLE ACTION: No action necessary other than review with Mark. REFERENCES: Enclosed first 6 -month financial statements. Consideration of Approval of Building Inapector Attending the I.C.B.O. Conference in Albuquerque, New Mexico. The purp000 of this item is to consider the requost by Loren Klein, Building Official, to attend the International Conference of Building Officials (I.C.B.O.) Conference in Albuquerque, Now Mexico the week of Monday, September 22nd thru Friday, September 26th. - 5 - C Council Agenda - 8/11/80 Per the memo enclosed with the Agenda to Council Members from Loren Klein, the cost of the conference would be approximately $875, including travel, lodging and registration. In the 1980 budget, there was $1,400 included for conferences, education and travel expenses. Through May of 1980, approximately $560 in conference and travel expenditures for the Building Inspection department has been spent. Expenditures for the months of June and July for the Building Inspection Department have not yet been calculated or included in the $560 total so far this year. Also enclosed with Loren's Memo is a copy of the conference schedule and the sessions outlined that he would plan to attend. POSSIBLE ACTION: Consideration of approval of authorizing Loren Klein, Building Inspector, to attend the I.C.B.O. National Conference in Albuquerque, New Mexico, September 22 - 26, 1980. REFERENCES: Enclosed memo from Loren Klein and Conference Agenda. - 6 - Council Agenda - 8/11/80 ADDITIONAL AGENDA ITEM - B. Consideration of Historical Committee's Fundinq Requests for Projects. Mrs. Marion Jameson, Wright County Historian and member of the Monticello Historical Committee, requested to be on the Council Agenda for consideration of possible funding by the City for setting up exhibits, etc., at the Historical Museum. As you will note in the letter submitted by Mrs. Jameson, copy of which is attached, between 10 and 16 interested Committee Members have been meeting since May and have come up with the following requests for the Historical Center: The Committee requests a small operating fund for postage, etc. and funding for setting up artifact and photo displays. The estimated cost of the display exhibits and brochures would be approximately $1,000. Should funding be granted to get a program started at the Historical Center, some decision would have to be made on how the Center would be manned, such as Senior Citizens or parttime CETA help. Mrs. Jameson will be at Monday night's meeting and may have more information on the needs of the Coimnittee as far as manpower is concerned and may have ideas in regards to parttime CETA employment or the use of the Senior Citizens to man the center. POSSIBLE ACTION: Consideration of Historical Committee's request for funding. REFERENCES: Copy of letter from Marion Jameson, Historical Cormnittee Member. %�"`lt Count ij Jh'storia n ,km ' J� Jmnoori, 02.3900 &r. 191 339-oSSI ur. i ii August 8, 1980 The Monticello Historical Committee has been meeting since May with between 10 and 16 enthusiastic people attending. Several projects have been considered with the resulting requests and recommendations: 1. The Committee requests a small operating fund for postage, etc. 2. Plans are being made for displays depicting the his- tory of Monticello in the present Historical Museuan. These displays would be of a nature that would nor- encourage otencourage vandalism or burglary. Hours and care of the building should be discussed; use of senior cit- izens, part-time CEPA, Creen Thumb, etc. Estimated costs of these exhibits are as follows: a. Free-standing photograph panels, including cost of free-standing units, photos, mounting' frames, mats, etc. $600.00 b. Photo and artifact display of Monticello black- smiths C.W.M. Drake and son Frank. Artifacts would be on loan, costs would include display lumber.,photo reproduction, etc. $100.00 c. Photo and artifact display of lumbering on the Mississippi in Monticello. Artifacts to be on loan, costs to include display lumber, photo re- production, etc. The above projects would utilize volunteers for building the displays and for reproducing and enlarging the photos. Exhibits (with the exception of the photo panels) would be changed at given intervals to stimulate interest. 3. An Id storic walking/driving tour is being planned, to be implemented with 1,000 brochures, approximate cost, $200.00. These brochures will be 2 color, 11 X 1 7, with volunteers doing the layout, etc. to make them camera ready. 101 C(71<'j' 'BOII ICI 'l71 d _'T'W 'T a -Io, ; III►r ncstlta 55313 1 Other projects are being seriously considered, such as a C synchronized slide show, history of our town in book form, a miniature reproduction of the town at a certain time in history, etc. These, however, will not be started until the above endeavors are completed. Arrangements have been made with lion Smith of the Monticello Times to have a monthly column devoted to pictures and text recounting some of the little-known historical anecodotes of our area and its peoples. We, the Monticello Historical Committee, feel it is important to remind those who have always lived in Monticello of its interesting and varied historic heritage, and to inform those new to the area of the wealth of history and tradition in their new Tiome. Last, but certainly not least, to encourage tourists passing through from here to there to stop and enjoy this beautiful town on the Missis- sippi.... which is every bit as interesting as the well-publicized Wino%��io t4ngs, or Galena, or Red Wing. % .ah ./ Marion K. J n Wright CouT);�� Historian Monticello Historical Committee Member MKJ/kl T0: Council Members FROM: Rick Wolfsteller DATE: August 11, 1980 RE: Additional Paraqraph - Agenda Item 88 - Minutes of Council Meetinq 7/28/80 1 recommend that the following paragraph be added to the above -referenced Minutes before the motion is made to approve these Minutes: RW/ns C In addition, it was pointed out by a Council Member that although it was not part of Mr. Sandberg's request, there is a large - 69,000 square foot - lot remaining in the subdivision that could also be requested for subdivision in the future, possibly resulting in four (4) additional lots that meet minimum subdivision requirements. tm Nor le Constructim 9755 89th Ave. No,Osseo,Mn. MW - (612)425-3434 August 1, 1980 Mr, Cary Weber, City Administrator City of Monticello 250 East Broadway Monticello, Minnesota 55362 References Monticello, Minnesota Improvement Project 78-1 Dear Mr. Wicberr It is my understanding that we have completed the drainage ditch to the country club to your satisfaction and per your letter dated December 26, 1979. We, therefore, expect final payment. Yours truly, NORTHDA SNS RUCTION Thomas J. S y TJSrlt ccs Mr. Blaine Nobbs Mr. John Badalich C mom Be r4aw Caduaundum MEMO TO MONTICFLLO CITY COUNCIL. Library Land Acquisition - Bondhus Covenant The deed that. Tum Bondhus gave In the school district. tar the lots in question, makes the property subject to the condition chat the said Innds ,hall be used by the grantee, its successors and assigns• for school or playground purposes only. Strictly speaking• this means thnl. it the lci.s are in lact not used for school or playground purposes then the land goes Lack to Cite grantor, Tom Bondhus. I see several options for Lite city in acquiring one of those lots and using it for a parking lot for a library. First., the city could get an option from the school district to purchase the IOL for use as it parking lot for the library and then go into court and get n declaratory judgment indicating that this would bo for it school purpose within Lite meaning of Lite condition in the deet) Irom Bondhus to the school district. As 1 indicated Lo Cary Vicber, I think there is a good chance that we would be successful. Another possibility would be for Lite school to lease Lite lot to the city for a pnrking lot for it library. and I think that could be cunstruied as a sr.houl purpose. The Iat Ler option would not have the linalif._v of the Iirst. apt ion. I will nwait Instructions as to how 1 should approach this: matter. .luly 74. loon r I t / Cnry L. Prdngle r/ CL:'/jyh 3 M...., f ..... 313 `.. ):Y' 250 East 8,oadwav 4 MONTICELLO. MN 55362 MEMORANDUM TO: City Council Members FROM: Loren Klein, Building Official DATE: August 6, 1980 SUBJECT: I.C.B.O. Conference During the week of September 20, 1980, 1 would like to attend the I.C.B.O. (international Conference of Building Officials) Conference in Albuquerque, New Mexico. With the City a member of the I.C.B.O., 1 would like to attend as a representative of our community. The I.C.B.O. is the organization which, through the efforts and cooperation of its members. writes the U.B.C. (Uniform Building Code). This model code is then adopted by various states (37 presently) and other govern- mental agencies. Minnesota, and the City of Monticello, have adopted the U.B.C. as the State Building Code, with a few modifications. I have included an agenda of the conference with this memo, so you can see the sessions i would like to attend. in my 1980 budget, there was $1.050 included for conferences and education. The cost of this conference is approximately $875, including travel, lodging and registration. LDKIns cc: Gary Wieber Rick wolfsteller ENCL:AS little r tt rralr .t,tttt. /tt �l�/rtn +t . . . l►ttortrl/rtirt � , c! C PRECONFERENCE MEETINGS I f ----- -- — -- ._ MuMar, seyara.Ibe. 71 trill", September 19 _ 0eE 1►r�srorl� -- — - - - • R • e. r 1 t a Rn 41114 011hr IMimun ....... •... -..: cw: r� ..,•....;... •..11.1.1... fu 1 1. as pn r S al pn '•r,•a••sq.1 .r.n.m•.• to r Lnd.+e+_..t rernlxh. f1a t • :1... b •. .•. 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Aa.wl6rn• e1v �;e1:.1.. .. ., 11.. 11,•4x1 ,.:Jo pm yt.•..1r 11, v1 iur blr�.vyIn41Wmn-r,n IrIf, wrI—d ThursdASeptemlfly ti - 0iM\lasI- pm ai b IIAS ue. ClseaaelatdrClw+L+'1r•.\..... -. It. 00 a.m. l0 10:00 a.m. a &urdr!IUlr.l ,, :: r.lnv lw• R1nm 17:00 nam W I;J0 pm. %w )-1-1-1. w.rni 1 hrlen Irr+uh•r•. Inlvna4nu10alltuml IAs Pwwle2:tsp� Br.r.. ir..:w .._................... _. IYr1usli. "-4 " 7:Is�riM/!a cwdi wco*OWIUSeniul.._..._..... ywaryrfad fLIN1NG URN ' Friday; September 26 HIIAMASI MIN - e.00 •as b r7:aa— (I.drnrf.rM1•hmR L qnv Imrnutina10J0narrt '• I:JS pa.bf:WppL CatebweeudeCha1P seumo ...........-talfrlWi\atl 91.4 w.00p m.Ir:;f10 p.•n•---_ ��. Ir,d,•. 1:.1,t. N.d.idr and AkdiMrranran lr•.n Im Dm.w 1LI30 p.m. �1 nar�l�l Ininnal:;nd OJRn•NI A�� 1 ''// / nnDD 250 East 8loadway I y Ts MONTICELLO, MN 55362 TELEPHONE 295.2711 AfONTtCELLO METRO LINE 3335739 a century -old city with a nucteat aye view PLEASE NOTE At the July 22, 1980 Planning Commission meeting, it was impossible to got a quorum due to illness of one of the members and two of the members wore out of state. As a result, the Planning Commission members - Ed Schaffer, John Oondhuo, and Wren Klein (ex -officio) did moot and did receive testimony and continued the mooting until July 28, 1980 at 5100 P.M. At the July 22nd meeting, the Planning Commission members did receive input and recorded their comments that would go to the full Planning Commission membership on July 28th. In order that you might have same background on these items relative to the Planning Commission's feelings, I have aummari"d the July 22, 1980 proceedings at the end of those appropriate items, and final recommendations will be reviewed with the Council at Monday night's meeting. GARY WICKER Telephone 295-2711 City 4 Alonticel[o 250 East Broadway MONTICELLO, MN 55362 MEMORAiIDUM TO: Mayor & Council Members FROii: Gary Wieber C/' DATE: July 24, 1980 SUBJECT: Special Closed ileetiof the City Council on Monday, July 28, mu at b:Jng P.M. Metro Lipp 3335739 A special meeting of the City Council that would be closed to the general public has been called by our Mayor for July 28, 1980 at 6:30 P.M. to review the possibility of appealing the Court Decision awarding $30,250 to Harold & Phyllis Ruff in damages for the Easement under the 1978-1 Improvement Project. At a July 18. 1980 hearing on this matter, subject to a motion that was submitted by our Attorney, Bernie Boland, the Judge did not overturn the verdict of the Jury. The issue at Monday night's special meeting at 6:30 P.M. would be to consider whether the City of Monticello should appeal the Court's decision. It should be noted that, according to Minnesota Statutes, meeting can be closed to the public if it is for purposes of discussing matters that have an attorney-client rela- tionship and involve pending litigation, Minutes have to be taken and all motions have to be recorded. 1 have notified the press of this meeting and the reason and its nature. Bernie Boland will be reviewing the Court Case with the City of Monticello along with what a possible appeal would cost the City and what our chances are. Gid/ns q � � a Monticello cD _ 1 V .40me to onticelo little #mountain �I Council Agenda - 8/11/80 ADDITIONAL AGENDA ITEM Possible Item Under Citizens Comments: Mr. Mel Wolters has indicated to me that he plans on attending the Council Meeting Monday evening, relative to asking for a Certificate of Occupancy for one of the homes in The Meadows Subdivision Plat. Apparently, one of the homes is ready for occupancy, and Mr. Wolters would like to have the family move in prior to the completion of the grading and ponding area within The Meadows Plat. To provide a little background on The Meadows Subdivision Plat, a couple of meetings have been held with Mr. Wolters and Ralph Munsterteiger along with City Staff, with agreements being reached in regards to the grading of The Meadows Plat and the finishing of the ponding area. On April 21, 1980, Mel Wolters and Ralph Munsterteiger indicated that the individual grading of all lots along Prairie Road would be completed within a short time, and it was agreed upon that building permits would be issued prior to the completion of the ponding area with a notation made and the understanding that occupancy certificates would not be issued until such time as the ponding area was completed and approved by the City. On June 18, 1980, Loren Klein, John Simola and Gary Wieber met with Mel Wolters and Dan Reed relative to the grading in The Meadows plat. Memorandums covering both meetings have been enclosed as a reference, but basically, it was agreed upon by Mr. Wolters that only basement permits would be issued for homes along Prairie Road and that before any further construction would take place, all the lots would have to be brought up to within a few inches of the grade as shown on the grading plan. In addition, no certificates of occupancy would be issued until the entire ponding area within the plat itself was completed. Mr. Wolters has indicated that he plans to attend the Council meeting for the purpose of asking for a variance to allow him to occupy some of the homes fronting along Prairie Road. Mr. Wolters indicated that part of the ponding area has been completed and he would be willing to provide a swail from the ditch along Prairie Road leading to the pond so that if flooding were to occur, the drainage would have a place to go. Additionally, it should be noted that Mr. Wolters is, himself, installing sewer and water services to some of the buildings along Prairie Road. These services are being dug in as needed by Mr. Wolters for each home he is building, but to date, none of the cuts in Prairie Road have been repaved. It may be well to recommend to Mr. Wolters that once the services are installed, the street surfacing should be repaired as soon as possible. POSSIBLE ACTION: If Mr. Wolters proceeds with his request for a certificate of occupancy variance, consideration of approving or denying Mr. Wolters request. REFERENCES: Two memorandums from Gary Wieber regarding The Meadows subdivision plat grading and ponding. APPLICANT: Mel Wolters. U, MEMORANDUM TO: The Meadows Subdivision Plat FROM: Gary Wieber DATE: April 22, 1980 SUBJECT: Completion of Grading and Ponding Area On April 21, 1960, 1 talked with Mel Wolters and Ralph Munsterteiger about the grading of 'he Meadows Plat. Both Mel Wolters and Ralph Munsterteiger indicated that the individual grading of those lots along Prairie Road would be completed within a week to ten days. Additionally, as far as the ponding area was concerned, it was agreed upon that building permits would be issued prior to the completion of the ponding area with a notation made on the permit itself that occupancy certificates would not be issued until such time as the ponding area was completed and approved by the City of Monticello. At this time, Mel Wolters indicated that he would probably he putting in the ponding area himselt. It is through this arrangement that permits can be acquired to build along those lots along Prairie Road whicn already nave sewer and water available to them without holding up the entire proces•.. According to Mel Wolters and Ralph Munsterteiger, they indicated that this would be suitable to our engineer since he at one time indicated that Phase 1 of the project, that IS those lots along Prairie Road, could he developed without any further Improvements necessary relative to storm ,ewer ponding. Additionally, Mel Wolters did file a petition for sewer, water and the extension of the bituminous surfacing for the westerly lots along Prairie Road, except for tot 11, Block 2. Building permits could he acquired once the Council had approved of this project, with again, the notation made on the buildinq permit that occupancy certificates would not be i,,,.ued until such time as sewer and water were installed and Complete. r.: i9A0.1 Project l Leven Klein o ur SimoIa P.S.: I also taped with John Badalich, and he Cconcurred with procedures indicated above. MEMORANDUM TO: Jhe Meadoxi _S1'lbdlvialoll Plat d FROM: Gary Yieber, City Administrator DATE: June 20, 1980 SUBJECT: Grading_ On June 18, 1980, Loren Klein, John Simola and I met with Mel Wolters and Dan Reed on the grading relative to The Meadows Plat. The following was dec i ded 1. Basement permits would be issued prior to the completion of grading. 2. Prior to allowing any further construction on the lots abutting Prairie Road, other than the basement, all the lots would have to be brought up to grade. 3. It would be the developer's responsibility to obtain certification from a registered surveyor that the lots, in fact, have been brought up to grade prior to the approval of a permit to continue construction beyond the basement stage. d. Once a request was made by the developer to continue construction beynnd the basement stage, the Building Inspector would review or spot check the grade to insure that it was in compliance with the plans submitted and previously reviewed by the City Engineer. S. All approvals of grading plans, etc., must go through the Building Inspector. The Building Inspector will request additional assistance if necessary from the Public Yorks Department and City Engineering staff. 6. The ponding area in The Meadows Plat would be completed prior to the issuance of a certificate of occupancy for any of the homes in The Meadows Plat, GM/ns cc: John Simola Loren Klein CA l MINUTES REIGULAR MELTING - MONTICELLO CITY COUNCIL July 28, 1980 - 7;30 P.M. Members Present: Arve Grimsmo, Dan Blonigen, Fran Fair, Ken Maus, Phil White. Members Absent: Mone. 1. Public Hearing - Variance Request to Allow a Pylon Siqn within a Front Yard - Jim Maus. A request was received from Jim Maus to erect a pylon sign within the front yard at the present Stor-A-Way Building on South highway 25 in Monticello for the purpose of advertising a Goodyear Tire Dealership. City Ordinances do not allow any type of structure to be built within the front yard required setback distance without obtaining a variance first. h'S. Maus indicated he would like to put the sign as close as possible to the property line for his proposed tire shop and that the sign would con- form to all other aspects of the zoning ordinances. The Planning Commission, at their last meeting, recommended approval of the variance and motion was then made by Phil White, :seconded by Dan Blonigen and unanimously carried to approve the variance request to allow the pylon sign to be located within the front yard setback at the Stor-A-Way building. 2. Public Nearinq - Consideration of a Int Width Variance - Kenneth Larsen. Previously, a request had been made by Kenneth Larsen for a simple sub- division of his property located in Block 32, Lnwer Monticello, into two equal parcels, each approximately 82i' x 183'. This Simple subdivision was approved at the previous Council Meeting held May 27, 1980, but since that time, Mr. Larsen had already drawn up an agreement for the sale of half of his property and has built a chain link fence on the. property which created a 75' lot with the remaining 90' lot staying with his present house. Because of the agreement for sale of part of thin property and because of the chain link fence already existing, Mr. larsen requested a 5' variance to allow the. 75' lot to be sold, rather than the 80' require- munt by City ordinances. The Planning Canmisaion, at their last meeting, voted to approve this sul%liviaion because it felt it dons exiut in the older part of town where name of the lots are actually smaller than 75' in width. Motion was made by Ken Maus, seconded lhy Tran Fair and unanimously carried to approve the 5' variance to Mr. Ken larnen Lor the nuh9lvLatun u1 hie In vpvrty. f7 Council MiRULea - 7/28/80 3. Public liearinq - Consideration of a Variance Request for Sideyard Setback - Udene Slinde. Mr. Udene Slinde requested a five foot nidcyard setback variance to 1,uild a double attached garage to his home on 1,ot 3, Block 3, Anders Wilhelm Estates. At the time the house was initially built, ti-iere was 315' between the house and the north property line where the garage is proposed to be added, but 14r. Slinde would like to build a 24' garage, thus requiring approximately a 5' sideyard variance to do so. It was noted by the Building Inspector that various homes in Anders Wilhelm Estates will have similar problems, in that the houses were lined up square to the streets, but the property lines on both sides are angled somewhat, thus it may become difficult for many homes to build double garages without getting some kind of variance. It was noted that even if variances are granted for more homes, there will be in most cases 20 feet of distance between all homes and garages, even though the lot lines do angle somewhat. Motion wall made by Phil White, seconded by Dan Blonigeu and unanimously carried to grant the five foot setback variance to ldr. Slinde for the building of a double attached garage. 4. Public llearinq - Consideration of a Sidevard Setback Variance - QuinLin Ianners. Mr. Quintin Ia nners requouted a 5' variance LO construct a 22' attachod garage to the house located on Lot 3, Block 1, Yampa [:states. Mr. Lanners indicated that at the time the basement was dug at his dwelling, a mistake was made in that the stak en were located in the wrong place, and consequently, the basement wan dug 7' too far west, therefore, it wan necessary to ask for a variancu of 5' in order to build a 22' attached garage. According to htr. Lanners, this mistake was not discovered until recently when the proposed garage footings were about to be dug. An a reoult, Ptr. Lannern has agreed to reduce the site of his originally proposed 24' garage down to 22', which would still leave approxi- mately 1W Loatveen one corner of the new gavago to the existing garage on the abutting property, which lie also owns. Motion woo made by Fran Fair, acconded by Phil White and unanimously carried to approve the request for a 5' sideyaid notback varinnco for the attached garage on Lot 3, Block 1, Rampa L'etatec. 2 - Council Minutes - 7/28/80 5. Consideration of Subdivision Request and Rezoning of Christopher Property - guintin Canners. Mr. Quintin Canners presented a preliminary suldivision plat proposing to subdivide the present Mrs. Don Christopher property, located directly west of Balboul Estates into nine residential lots. Of these nine lots, he also requested to rezone Lot 1 to R-3 and Lots 2 thru 9 to R-2. The request for rezoning Lots 2 thru 9 to R-2 would be based on his desire to build duplexes on each of these lots which would be individually owned by the people who reside within the unit, rather than have them owned by one owner and have rental units. Consulting Planner for the City, Howard Dahlgren Associates, reconsnended that this subdivision and rezoning request be approved because of the reasonable transition between the adjacent R-1 zoning property of Balboul Estates and the Freeway and industrial Property to the west. John Badalich, City Engineer, indicated he had reviewed the preliminary plat and was concerned over the precedent the City may establish by accepting the plat and rezoning to R-2 zoning since R-2 zoning requires only 10,000 square foot lots whereas R-1 requires 12,000 square foot residential lots. Mr. Badalich felt that other future subdivision plats may also request R-2 zoning at the intitial subdivision stage in order to establish smaller lots than 12,000 square feet. In addition, Mr. Badalich had comments concerning possible drainage problems this plat will add to the problems of The Meadows aulxiivision and Balboul Estates sutdivision. Ile informed the Council that serious consideration should be given to possible storm sewer outlets for this area as ponding problems may result once the subdivisions arc developed, since problema have already existed in the Balboul Estates area this past spring. Mr. fanners also proposed as part of the sufdivision t.o contribute rash for park dedication purposes in lieu of land. Motion was made by Phil White, seconded by Dan Blonigen and unanimously carried to approve the preliminary ouldivision plat all presented, and the rezoning of Lot 1 to R-3 and Into 2 through 9 to 11-2. 0. Consideration of approval of Final Plat on maearlund Plaza. A preliminary plat proposed by Curtis floglund consisting of 9.4 acres was reviewed by the Planning Commission and dpproved by the City Council at its October 22, 1979 meeting. Thin 9.4 acre pint included an area proposed for townhouso development of 30 units with the remaining plat scheduled for commercial devolopment. Park dedication for the Macarlund plaza Development has been proposed in land conaisting of Lots 13 and 14, Hoglund Addition Plat. The park dedi- cation requirement in cash for Macarlund Plaza would amount to about $3,368 and the developers indicate that tots 13 and 14, Block 3, floglund Addition, as Proposed would be worth approximately S4 to 5,000 inch plus assessments, and thus, in effect., are giving up more land titan what. they actually own in park dedication fees. As a result, the developers would be, agreeablo to 7- 3 - Council Minutes - 7/28/80 exchanging these two lots for the $3,368 they owe in Park Dedication fees for Macarlund Plaza and also requested that these lots cover the expenses owed on the Thomas Park Plat development, which they recently purchaued from Stuart Hoglund. Park dedication fees for Thomas Park still owing amount to approximately $2,600, with an additional engineering fees owed on macarlund Plaza in the amount of approximately $1,600. After more discussion, the City agreed to accept these two lots in exchange for the park dedication fees and engineering fees owed on Macarlund Plaza and the amount still owing for Thomas Park. motion was made by Phil White, seconded by Fran Fair and unanimously carried to approve the final plat for Macarlund Plaza as presented, contingent upon receiving deed to the land dedicated for park purposes, along with the necessary easements for utility purposes. It was noted that the park dedication fees of $3,368 for macarlund Plaza, the engineering fees still owing on Macarlund of approximately $1,600 and the $2,600 still owing on Thomas Park development would be in exchange for Gots 13 6 14, Hoglund Addition dedicated for park purposes. 7. Consideration of Approval of Plans and Specifications for the 1980-1 and 1980-2 lmprovcmcnL Projects to Serve. Mdcarlund Plaza and a Portlon of Prairie Road. Plans and specifications have been prepared by Orr-Sehelen-Mayeron s Assoc- iates for the extension of storm sewer, watermain, sanitary newer, along with appurtenant street work for Macarlund Plaza, and additionally, the extension of 700' of 10" sanitary sewer, 550' of 6" watermain and 500' of bituminous street paving along Prairie Road. The total coot of the improvement to Macarlund Plaza has been estimated at approximately $126,000 and the coot of the extension of Prairie Road improvementu would be approximately $61,000. .john Badalich, City Engineer, indicated that the possibility of servicing The Brothers plat development at a later date could be added as a change order if desired by the developers. The Council discussed the aubdivioion ordinance requiring a minimum of 25% of the cont of the improvements to be paid by the owner or subdivider prior to the, actual construction of the improvements, but decidod that this 25% up front money would be waived under these two projects. motion was made by Phil White, soconded by Fran Fair and unanimously carried to approve plans and specifications for improvement projects 19AO-1 and 1980-2, contingent upon receivinq thu necessary canemonts for utilities from Maurice Hoglund and the Macarlund Plaza development. Motion wag also made by Phil White, seconded by Ken Maus and unanimously carried to advertise for bids for the 1980-1 and 1980-2 projects returnable Auguot 22, 1980 at 2100 P.M. (Soo Resolution 1980 M - 4 - Council minutes - 7/28/80 B. Consideration of Subdivision Request for John Sandberg in Sandberq's Riverside Addition. Mr. John Sandberg requested a simple subdivision of Lots 3 6 4 in Riverside Addition be made into three lots. Lot 3 is 18,800 square feet is 25,750 square feet, and mr. Sandberg indicated he would like to create three lots ranging in size from approximately 12,300 sq. ft. to 16,300 sq. ft., all meeting the City of Monticello's minimum require- ment in an R-1 zone of 12,000 sq. ft, each. City Ordinances require that when more than two loin are created, it is necessary to go through the entire subdivision section relative to pre- liminary plats, but Mr. Sandberg requested a variance from this provision so that all the detailed grading maps, etc. do not have to be met again. Adjacent property owners in the newly created subdivision, Ron White and Mel Wolters, both indicated opposition to the proposed subdivision. Ron White and Sherrie White presented a letter to the City Council stating that they purchased property in this development with the understanding that the lots would be of a certain size and that develolunent of houses would be of a certain caliber and felt that by creating smaller lots, they were being misled when they originally purchased their property. Mr. Wolters also felt that the area should remain only seven lots as he originally (wilt in this development with the understanding that only seven houses would be located in this "exclusive area". In addition, Ron White queationncd how this new lot would be assessed for sewer and water improvements if approved, lie felt that if there were originally eight lots in the development at the time the improvements were put in, all other property owners would have had a lower asaessment, and thus he felt Mr. Sandberg should be paying an aosenr,ment for the newly created lot. .John Sandberg offered to have the assessments recalculated for this area and pay a rebate to all the other property owners in the development to make the assessments equalized based on eight lots, rather than the ori- ginal seven. It was the consensus of the Council that although the proposed Toto do meet the minimum requirements of the City ordinances, it was felt that rx . Sandberg lied the opportunity originally when the land was developed to make cacti lot smaller at that time, rather than splitting them now. They felt that the other property owners consideration should be considered in that they wore originally under the assumption that the lots would bo large in area, and thus more exclusive than other aul.livioiono in Monticello. Based on this, motion was made by Phil White, seconded by Dan Blonige.n and unanimously carried to deny tine sul.aiivinion request of Mr. Sandberg. 9. Consideration of Subdivision Request and Conditional Line for a Church - First Baptist Church. The First Baptist Church of Monticello requouLed a conditional use permit to build a 6,000 square foot church on their property along County Road 75 in Monticello, in addition, they requested a simple subdivision of their parcel of land Into two parcels, one cont.aininq the proposed new church with the other parcel remaining for the existing Church building which would Iwo reuold rot, a day care center. - 5 - 7 Council Minutcs - 7/28/80 It appears from the building plans submitted that the First Baptist Church would be adhering to all zoning requirements, including parking, with the J exception that they requested a variance on the south side of their parking lot not to require curbing in that area. The reason for the variance on the curbing was that if a new church addition was built in the future, the parking lot would have to be expanded and they would Like to leave this area of curbing out so they would not have to destroy it in the future. The Planning Commission, at their last meeting, voted to recommend approval of the subdivision and the conditional use permit for the Church. Motion was made by Ken Maus, seconded by Dan Blonigen and unanimously carried to approve the simple subdivision of the First Baptist Church property, and the conditional use permit request to build a 6,000 square foot church along with the variance relative to the curbing on the south side of the proposed parking lot. This simple subdivision would be contingent upon a certificate of survey and recording of the same with the Wright County Registrar of deeds. 10. Consideration of Siqn Ordinance Amendment. Purpose of this agenda item was to consider a sign ordinance amendment that would deal with those off -premise signs such as billboards that are 200 square feet or less, and additionally, the remaining non -conforming signs that may be too large or have too many on a particular site, etc. Previously, the City Council adopted an ordinance amendment whereby the existing billboards located along the Freeway, etc. that were greater than 200 square feet in size would be grandfathered in as long as the particular lot on which they were located was not developed. The sign would be con- sidered a principal use of a lot, and once the development occurred on those parcels, a decision would have to be made by the owner ss to whether a building would be erected or the sign be taken down. Consulting Planners Howard Dahlgren 6 Associates, recommended that the following ordinance amendments be adopted in regards to the balance of the signs less than 200 square feet: A. The wording "on premise" should be added to the informal and directional sign definition. This would be to clarify the fact that the City does allow directional signs that are on premise, and the City would continue not to allow off -premise signs unless granted by variance. B. planner recommended that all signs 11jri aq.ft, or less that wore in place on or before a certain date could continue as a non -conforming use. Those signs would be grandfathered in slid not considered a principal use of a particular lot since most of those smaller signs are already located on property that have other principal uses such as buildings, etc. - 6 - Council Minutes - 7/28/80 C. Planner suggested that a provision be added to our ordinance to indi- cate that a temporary permit for search lights and banners shall be done by a permit that is issued for a maximum of ten (10) days, with a minimum period of 180 days between consecutive insuance of permits. Motion was made by Ken Maus, seconded by Phil White and unanimously carried to adopt an ordinance amendment which would adopt the provisions listed in items A, B 6 C above, and additionally, grandfather in all existing non -conforming signs that were in place prior to August 15, 1975, which were 199 square feet or less in size. (See Ordinance Amendment 11. Consideration of Planned Unit Development for 36 -Unit, Section 8, Subsidized Housinq, Variances and Subdivision - Lots 1 6 2. and Portion of 3, Block 1, Lauring Hillside Terrace - Reinert Homes, Inc. Reinert Homes, Inc. of Sauk Rapids, requested a conditional use permit to construct 36 -units of Section 8 subsidized housing along with variances from the City of Monticello ordinances relative to parking and a subdivi- sion of Lot 3, Block 1, )curing Hillside Addition. Reinert Homes, Inc, has recently received approval from the Minnesota Rousing Finance Agency for Section 8, low and moderate income family, housing. This development would conaist of 29 two-bedroom units, 6 three- bedroom units and one two-bedroom handicapped unit, ranging in square footage area from 1,179 to 1,368. It was recommended by the City's consulting planning firm that a Planned Unit Development, which is a conditional use in an R-3, would be tide hest way to approach Chiu housing project. In addition to a conditional une request for a Planned Unit Development, Reinert Homes requested variances from the City's parking requirements in that Lilo City requires two spaces for every unit or, in this case, 72 parking spaces, whereas, Reinert Homea propoaea 54 spaces. in addition, Monticello's ordinances requires onu enclosed garage for every two units, or a total of 18, while the proposed devoloiment would only have eight garage_ units. 'Che City's Planner has made a reeonnendation that one and one-half spaces per unit rather than two spaces par unit would be adequate for this type of housing development. In addition, ho felt that eight garage units would be nufficicnt rather than 18. iteinerL Homes is also requesting a simple suldivinion of Int 3, Block 1, Lauring Hillside Terrace in order to provide adequate property to obtain approximately three acres for Lila proposed 36 -unit develoimoni.. As part of thin simple subdivision roquant, an easement would have to be provided to the owner of the remaining portion of Lot 3 to allow him to have access to Lila sewer and water stub which is located in the western portion of Lot 3 that Reinert Homes would W using for their housing duvoloiment. - 7 - 7 Council Minutes - 7/28/80 John Badalich, City Engineer, indicated that in reviewing the proposed Planned Unit Development, the possibility does exist that storm water run- off problems could occur in the During Hillside Terrace area because of the development along Lauring Lane. Ile recommended that thio large-scale development may cause drainage problems to abutting property owners and felt that the City should be pursuing possible storm sewer construction in the area to alleviate future problems. Motion was made by Phil White, seconded by Dan Blonigen and unanimously carried to approve the conditional use request for a Planned Unit Develop- ment in an R-3 zone along with the general concept and development stages of the Planned Unit Development. This approval also included the requirement of 112 parking spaces per unit and 8 total garage units for the 36 -unit development. In addition, the simple subdivision of lot: 3, Block 1, Lauring Hillside was also approved contingent upon obtaining the necessary easements for the sewer and water service stub to the remaining portion of Lot 3 and a certificate of survey showing recording of same. In view of comments made by the City Engineer in regards to storm water run-off problems, motion was made by Phil White, seconded by Fran Fair and unanimously carried to order the consulting engineer to prepare a feasibility study on the storm sewer improvements in the Cedar Street area of the Lauring Hillside Terrace development. (See Resolution 1980 0 12. Consideration of Ordinance Amendments for Requlatinq Rome Occupations. J The purpose of this item was to consider the possibility of an Ordinance Amendment that would make essentially all home occupdtions a conditional use rather than allowing some as permitted uses while others aro regulated as a variance. Previously, come concern was expressed by the Planning Commission that the definition of a home occupation may be unfair in that certain types of occupations were allowed whereas others, such as beauty shops, always had to request a variance to exist in a residential zone. As a result, it was recommended by the Planning Commission that all home occupations would be treated equally, and thus require a conditional use Perm it. This recommendation was panned along 13y the. Planning Consaission to the Cuuncil as a possible ordinance amendment, but it was the consensus of the City Council that this item be tabled for further review prior to any ordinance amendment. 13. Consideration of a Simple Subdivision Request - Gery Corrow. Mr. Gary Corrow requested a subdivision of a parcel on which his home is located along Cedar Street south of I-94. Mr. Corrow requested that lie be able to create two lots, one of which would contain an existing barn and the second lot which would contain his present home. -B- Council Minute: - 7/28/80 The Planning Commission, at their last meeting, recommended approval of this simple subdivision request. It was pointed out to the Council that Mr. Corrow's home is presently being served under the 1979-1 Improvement Project with sewer and water, which would probably be assessed over twenty years, since this has been the past Council consensus on Homestead property. In the case of a newly created lot in which the barn would be situated, it appears that this property would not qualify as homestead property, and thus may be assessed over a ten-year period of time like other undeveloped property. Motion was made by Phil White, seconded by Fran Fair and unanimously carried to approve the simple subdivision request made by Gary Corrow, with a notation that any assessments on the newly created lot would more than likely be spread over ten years like undeveloped property, and not Con- sidered to be homestead property. In addition, this approval will be s:ibject to a certificate of survey and proof of recording with the Wright County Registrar of Deeds. 14. Consideration of a Simple Subdivision Request - St. Peter's Lutheran Church. St. Peter's Lutheran Church has made a request to subdivide Lots 2, 3, 4 s 5, Block 14, into two parcels. Tile proposal by the Church would be to sub- divide Lot 5 and the West S of 4 from the entire parcel of land on which the present parsonage, garage and church is situated on and to create two lots. The westerly parcel then would be the site of the existing parson- age plus Lhe garage, which, according to the plat plan, does straddle the newly created lot line, if approved. Paul Klein, representing the Church, indicated that they plan to build a now parsonage on this Lot 5 and West S of Lot 4, and then when the home is ready for occupancy, remove the exiatinq parsonage and the garage that in uituatod on the lot line. Fiction was made by Fran Fair, seconded by Phil White and unanimously carried to approve a simple subdivision for SL. Peter's Lutheran Church, contingent upon certificate of survey and recording of same, with the understanding that a certificate of occupancy for the new home would not be issued until the existing garage and the existing parsonage were removed from the newly created lot. 15. Consideration of approval of Simple Subdivision Reaucot for the AGoembly of God Church. The Asoembly of God Church requested a nimple nubdivinion to divide. the Ca of S of Lot 9 and all of Lot 10, Block 35, into one parcel of 14,335 square feat, with Lila remaininq 1,800 square feet being added to the Assembly of God Church parcel for parking purposes. The large lot being created is the current site of the existing parsonage, which the Church plans on selling. - 9 - Council Minutes - 7/28/80 it was noted by Gerhardt Decker, representing the Church, that the reason for the subdivision was to retain the 1,000 square feet of the parsonage property for continued use by the Church for parking purposes, which the Church has used in the past. Motion was made by Phil White, seconded by Dan lilonigen and unanimously carried to approve the simple subdivision request of the Assembly of C..cd Church, contingent upon a certificate of survey and recording of same with Wright County Registrar of Deeds. 16. Consideration of Approval of On -Sale Non-Intoxicatina Liquor License - Friends Cafe. Me. Betty Frazier, owner of the Friends Cafe, requested a 3.2 non-intoxi- e ating liquor license for her establishment. The Friends Cafe does meet aff of the requirements of the City for issuance of such a license, and therefore, a motion was made by Phil White, seconded by Ken Maus and unanimously carried to issue a 3.2 on -sale beer license. 17. Consideration of Approval of Architectural Contract with mcEnary, Krafft, S irch 6 Kilgore. Inc. Purpose of this item was to approve tiro proposed contract for architectural services for the proposed now library building in Monticello. This item was reviewed at the previous Council Fleeting, and since that time, -� Merrill Birch, of the above -architectural firm ban agreed that the fee in the contract should be clanged to $42,000 for a 6,000 aq.ft. building and for every additional square foot, there would he a charge of $5.00 and for every decrease in square footage from 6,000, there would be a resulting decrease In the arcilitoctural fee of 56.00 per square foot. In addition, the contract would have a provision relative to reimbursable fees and con- oulting fees to indicate that this would only be added after approval in writing from the owner. City Attorney, Gary Pringle, has reviewed tiro contract and finds no pro- blems with the proposed contract. Motion was made by Fran Fair, seconded by Dan Blonigen and unanimously carried Lo approve the revised contract with the architectural firm of McEnary, Krafft, Birch s Kilgore, Inc, for architectural services for the proposed 1 ilrary. (Gee Exhibit 7/20/40 41) . 18. Approval of Bills and Minutos. Motion was made by Kon Maus, seconded by Fran Fair to approve the bills for July 1900 as presented and approve the Minutes of the July 14, 180 Regular Council Meeting. Voting in favors Ken Maus, Fran Fair, Pian 13lonigan, Arva Grimsmo. Abstainings Phil White because of abuonco from last meeting. 10 - Council Minutes - 7/28/80 19. Discussion on Future Library Site. Members of the Library Project Committee, consisting of City Administrator - Gary Wiebcr; Building Official - Loren Klein; and City Council Member - Ken Maus, reviewed with the rest of the Council the progress made thus far by the Library Committee. Of specific concern to the Library Committee is whether the current site under consideration for a library is adequate to accommodate a library of 6,000 square feet, along with the necessary parking requirements, etc. Committee Members asked the City Council what direction the Council would like to sec the Committee pursue relative to some of the alternatives that would be available for additional land for a library. Options available would include the following: A. Acquire additional land from either Mr. Bob Dowling, an adjacent property owner, or from the Independent School District #882 which has park land on the same block. B. Reduce the size of the building to less than 6,000 square feet. C. Stick with a 6,000 square foot buildinq but possibly reduce the parking requirement for a lilaray. D. Build a library somewhere else other than the two lots donated by the School District. One possibility noted by the City Administrator was that, if the City was to acquire name of the land still owned by the School District adjacent to the two lots, thin property docs have a restriction that it must be used for School purposes or playground purposes. Mr. Wicber noted that in consulting with City Attorney, Gary Pringle, Idr. Pringle felt that if this issue was taken to Court, a favorable ruling may come in that the City would be considered to be abiding by the original reutrictiona limiting to playground or school purposes in providing library services, since the School District, at one tine, was required to provide library services. Motion was made. by Fran Fair, seconded by Ken Maus and unanimously carried to give the Library Project Committee authority to approach the School Board at their next regular meeting to see if the School would be interested in sollinq or turning over the Bondhua Property to the City for use an more land for a library. It was felt by the Council that in order to pursue this approach, the City should qct an idea nn to what the School mny want for thu propor.ty beforo the City would pursue through the Courtn whc tier or not the property could be used for Library purposen. Council Member Kan Mauu and Building lnupeetoi Loran Klein, meysboru of the Library Commit - too, will be nttendinq the School Berard meeting to pursue this alternative. 7 Council Minutes - 7/28/80 20. Discussion on Chestnut Street Improvement. Previously, the Council instructed Public Works Director, John Simola, to obtain estimates on a bituminous overlay for Chestnut Street between Broadway and River Street. ;his section of Chestnut street was not improved under the 1977-3 Street Project because of an anticipated need to construct storm sewer improvements in the future. Since that time, City Engineor John Badalich has indicated that possibly five to ten years will pass before the storm sewer improvements now would be needed in the Chestnut Street area. An estimate received by Public Works Director indicated that a 2" bituminous overlay could be constructed along Chestnut Street for approxi- mately $0,000, with the City doing the preliminary grading work. Motion was made by Ren Maus, seconded by Phil Wh ito and unanimously carried to approve the installation of a 2" bituminous mat along Chestnut between Broadway and River Street. meeting adjourned. Al Rick wolfsteller, Assistant Administrator RW/ns - 1: