City Council Minutes 05-29-1979MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Tuesday - May 29, 1979 - 7:30 P. M.
Members Present: Arve Grimsmo, Dan Blonigen, Fran Fair, Ken Maus, Phil White.
Members Absent: None
Citizens Comments -
Mr. George Kirscht, who has an option to purchase the former Monticello Ford
site building, gave a preliminary review of his plans in regards to upgrading
the existing building to meet building codes. Mr. Kirscht indicated to the
Council that he plans on talking to a structural engineer in regards to
supporting the roof with extra pylons and steel beams in an effort to
make the building safe for remodeling into office space. Mr. Kirscht also
indicated that although the building is old, he is going to contact
Federal agencies for the possibility of obtaining Federal funds to save
the old building as an historical site in Monticello. No action was
taken by the Council on Mr. Kirscht's proposal other than reviewal.
1. Discussion of NSP's Nuclear Waste Storage.
At the last City Council meeting, Wilbur Eck of Monticello requested that
the Council pass a resolution opposing the storage of nuclear waste in
Monticello. Mr. Eck stated that he felt NSP Company should live up to
its agreement and remove the nuclear waste to a storage site in Morris,
Illinois. Mr. Eck informed the Council that contrary to the recent rumors
in regards to storage of nuclear waste in Illinois, the Attorney General's
Office in the State of Illinois has indicated that they will still accept
nuclear waste at their disposal site. Mr. Eck also referred to newspaper
articles in regards to research that has been completed indicating that
areas that have storage of nuclear waste are more likely to have cancer
victims than areas without storage of nuclear waste. He felt that since
there has been a problem in the storage racks swelling at the nuclear plant,
the City should pass a resolution asking that NSP start to remove the
nuclear waste, per their agreement.
Mr. Nevinski, a senior nuclear engineer at the Monticello NSP plant,
indicated that the storage facility has capacity for up to sixty years
of nuclear waste storage and is completely safe, as safe as any other
facility for storage. He indicated that it is a government problem
right now in regards to what the future will be for these nuclear waste
as they could be developed for other fuel.
After hearing the discussion, no action was taken by the Council.
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Council Minutes - May 29, 1979
2. Public Hearing to Consider a Variance to Allow an Apartment/Commercial
Use within a B-4 Zone - Fred Topel.
Mr. Fred Topel, owner of the Mini -Mall complex in Downtown Monticello,
requested a variance to add a 2,600 square foot second story apartment to
his property which is currently zoned B-4. The addition of the 2,600 sq. ft.
apartment would only be for Mr. Topel's personal residence and would provide
more security for their antique business they house in the building.
Some of the concerns in allowing an apartment in a commercial zone were
discussed by the Council, including the additional parking that would be
required by the presence of a residence. It was noted that Mr. Topel
would have room in the rear of his building to set aside a parking spot
reserved for the apartment complex, but that this may also take away from
the parking requirements for the Mini -Mall businesses. A suggestion was
made that since Mr. Topel will have quite a large apartment complex,
possibly some of the antiques could be stored in the new residence and
thereby Mr. Topel could remove his old storage shed which is located on
the rear of his property to provide parking spaces for the residence.
A motion was made by Fran Fair, seconded by Phil White and unanimously
carried to approve a variance to allow Mr. Topel to build a second story
addition for his residence provided he would agree to remove the older
shed which is located on the rear of his property and use this space
for his personal space for his personal parking requirements.
3. Public Hearing on Consideration of Variance Request from Hardsurfaced
Parking Area - Trinity Lutheran Church.
Last Fall, the Trinity Lutheran Church requested variances to allow them
to have approximately one-half of their necessary parking lot hardsurfaced
with the balance being in grass. This variance was approved by the City
at that time with the understanding that the area surfaced only with
grass would be reviewed at a future date.
Since that time, the Church has gone through the bid -letting process on
their new addition, and the bids have come in at approximately $30,000
more than their lender will allow them to spend. As a result, the Church
representative, Mr. Don Nagle, requested that they not be required to put
in any hardsurfaced parking at all at this time, but be allowed up to
three years before any hardsurfaced parking would have to be installed.
Motion was made by Ken Maus, seconded by Dan Blonigen and unanimously
carried to grant the Trinity Lutheran Church a three-year variance on
any hardsurfaced parking requirements for the Trinity Lutheran Church.
4. Public Hearing to Consider Setback Variance Request - James Fuller.
Mr. Fuller requested a variance of 3'3" to build a 20' addition to the
east side of his home at 800 West Broadway. Since this lot is a corner
lot, the normal setback from the east property line which abuts Elm Street
would be 20' and the proposed addition would be 16.9' from the Elm Street
right-of-way. Hearing no opposition, motion was made by Phil White,
seconded by Fran Fair and unanimously carried to approve the 3'3" variance
to Mr. James Fuller for his addition.
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Council Minutes - May 29, 1979
5. Consideration of Rezoning Blocks 10, 11 and 21-in,Upper Monticello from
R -'I fin P-9-
Previously,
-2_
Previously, the City Council took up the request of rezoning Block 10 from
R-3 to R-2 (Single and Two -Family Residential).
The Planning Commission's recommendation was to maintain the present R-3
zoning for Block 10, but the Council decided that the Planning Commission
should hold an additional public hearing to reconsider the rezoning of
Block 10 and also the surrounding two blocks of Block 11 and Block 21 to
a possible R-2 zoning from R-3. Again, the Planning Commission reviewed
this item with the consulting planner and recommended that the present
zoning of R-3 remain. The primary reasons for the Commission's recom-
mendation was that they felt the area in Block 21, which is owned
primarily by St. Henry's Catholic Church, would not be susceptible to
R-3 multiple family buildings, and that other blocks contain primarily
individual ownerships which would make large apartment complexes hard to
locate in this area due to the need to purchase property from a number
of people. The Commission noted that although there are quite a few
single family residences in these blocks, the rezoning of the area would
not change drastically the possibility of future apartments as duplexes
or four-plexes could still be built in R-2 zoning. Planning Commission
also noted that the area has been zoned R-3 for quite a long time and
new homes were built in this area making the number of empty lots
available for multiple family dwellings quite limited.
The following testimony was received in regards to the rezoning:
Mr. Tucek, who lives next to the area considered for rezoning, expressed
his opposition to the R-3 zoning.
Mr. Ron Peters indicated that he felt the area is primarily single family
residential now and that R-2 zoning would be a natural course. He also
indicated that his neighbor, Darwin Straw, who owns two and a half lots
in block 10, requested a variance previously to subdivide his lots for
single family dwellings and now wants to have the lots used for multiple
family apartments.
Mr. Ken Holker, representing Mr. Darwin Straw, indicated that the land now
conforms to the comprehensive plan and should remain R-3 and that Mr. Straw
originally purchased his property in Block 10 for possible multiple family
uses knowing full well that the property was zoned R-3. Mr. Holker also
indicated that Mr. Darwin Straw and Ron White own approximately 550 of
Block 10 and both parties want to see the property remain R-3 zoning.
Mr. Darwin Straw indicated that the reason he requested the splitting of
his lots into two parcels was so that he could get three driveway
approaches under the street improvement project. He noted that he was not
allowed to have an extra driveway approach unless he would subdivide his
property different than it was. He also indicated that at the time he was
considering a single family dwelling for this additional lot, but now has
changed his mind and is planning a multiple family dwelling of approximately
eight units.
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Council Minutes - May 29, 1979
After reviewing the testimony received, a motion was made by Fran Fair,
seconded by Dan Blonigen to leave the zoning in R-3 status. Voting
in favor: Fran Fair, Dan Blonigen, Arve Grimsmo. Opposed: Ken Maus,
Phil White.
6. Consideration of Subdivision of Lots - Ralph Kiffineyer.
Mr. Ralph Kiffineyer requested that he be able to subdivide the west half
of Lot 3, and Lots 4 & 5 in Block 38 into two 13,613 square foot lots.
A current R-2 zoning would require minimum lots of 10,000 square feet, and
as a result, both lots would exceed all City requirements.
Motion was made by Phil White, seconded by Dan Blonigen and unanimously
carried to approve the subdivision request of Ralph Kiffineyer's, provided
a certificate of survey is obtained and proof of recording is completed.
7. Consideration of Ordinance Amendment Requiring all Driveways and Parking
Areas to be Hardsurfaced for Single Family and Two -Family Dwellings.
Currently, Monticello ordinances require all parking areas including
driveways to be hardsurfaced with concrete or bituminous except in the
case of single and two-family dwellings.
The Planning Commission has received favorable input from a group of
citizens requesting that the City amend their ordinances to require that
single and two-family dwelling units also have hardsurfaced driveways.
It was felt that an ordinance of this nature would provide better aesthetic
appearance of the property in question and also would increase the value
of the property and neighborhood as a whole.
Testimony was received from Roger Mack who felt that an ordinance of this
nature would require some people to limit the size of their homes in an
effort to provide enough funds to hardsurface driveways. He indicated that
he would like to do the same himself some day if and when he builds a new
house, but would not like to be tied down to improving his driveway with
hardsurface immediately.
After discussion by the Council in regards to a possible hardship this may
require in new construction, it was decided to leave the ordinances as
presently written, not requiring single and two-family dwellings to have
hardsurfaced driveways.
8. Consideration of Proposed Ordinance Amendments on Subdivisions.
The following ordinance amendments were proposed to help better provide
documentation of subdivisions and to insure their compliance with the
County and City regulations.
Section 11-4-1-(C)-(7)
7. A statement of the approximate square footage and
dimensions of the individual lots.
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Council Minutes - May 29, 1979
Section 11-4-2-(A)-(11)
11. An accompanying letter from the County Surveyor's
office stating that the plat or land survey has been
examined and approved.
Section 11 -4 -2 -(C) -(l)
1. A letter from the County Recorder's office stating the
final plat has been recorded as approved by the City
Council shall be received by the Building Official's
office before any building permits may be issued.
Motion was made by Phil White, seconded by Fran Fair and unanimously carried
to adopt the proposed ordinance amendments on subdivisions as listed above.
(See Ordinance Amendment #68)
9. Consideration of Approval of Temporary On -Sale Malt Liquor License -
Lion's Club.
The Monticello Lion's Club requested a temporary 3.2 beer license to sell
beer on the 4th of July as part of the celebration planned. The Lion's
Club asked that the license include the allowance of sale of 3.2 beer at
the Security Federal parking lot on the morning of July 4th, in addition
to the celebration that takes place in Bridge Park.
Speaking for the Lion's Club, Councilman Ken Maus also requested that the
Council issue a 3.2 beer license for the June 6th street dance planned along
Walnut Street and indicated that the Lion's will be organizing this affair
and asked that the approval be given for this license.
Motion was made by Phil White, seconded by Dan Blonigen to approve the
temporary 3.2 beer license for the Lion's Club for the July 4th celebration
and also for the June 6th street dance along Walnut Street. Voting in
favor were Dan Blonigen, Phil White, Arve Grimsmo and Fran Fair, with
Ken Maus abstaining.
10. Consideration of Approval of Appraisal for Easement to be Obtained from
the Independent School District #882 for Sewer Interceptor.
Previously, the City Council reviewed various routes for the interceptor
sewer that would go through .the Independent School District's property by
the High School. The reason for going through the School property with
the interceptor sewer line was to avoid the more costly route of going down
street right-of-ways.
Mr. John Sandberg, local realtor, has completed an appraisal of the easement
for the City Council. Mr. Sandberg's appraisal set a monetary value of
$15,000 for the easement.
Motion was made by Phil White, seconded by Fran Fair and unanimously carried
to approve the appraisal amount of $15,000 for the easement to be presented
to the School Board for their consideration and approval. (See supplement
5-29-79 #1).
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Council Minutes - May 29, 1979
11. Consideration of Allowing St. Henry's Men's Club to use the Fourth Street
Warming House for storage During the Summer Months.
St. Henry's Men's Club requested the City of Monticello allow them to use
their warming house facility at the Fourth Street ball park for storage
during the summer months. The St. Henry's Men's Club has an annual auction
and has had a hard time finding a suitable location to store items for the
event.
It was the Council consensus that this type of request would set a pre-
cedent for future organizations or other people requesting the same
services, and therefore, a motion was made by Dan Blonigen, seconded by
Phil White and unanimously carried to deny the St. Henry's Club request
to use the warming house for storage.
12. Consideration of adoption of a Resolution on Sewer Usage Charges and
Industrial Cost Recovery Charges.
Prior to the submission of City of Monticello's Step III application for
the wastewater treatment plant grant, the City must adopt regulations
pertaining to sewer user charges and industrial cost recovery charges.
The purpose of a sewer user charge and industrial cost recovery charge
is to insure that each City that receives grant funds from the Federal
and State governments for updating their treatment plants will charge
adequately for the use of these new facilities. The sewer user charge
would apply to all properties, residential and commercial, and the
industrial cost recovery charge would apply only to industries. The
industrial cost recovery charge is set up so that the portion of the
treatment plant that is built to handle industrial sewer discharges would
be reimbursed by the various industries that contribute.
Consulting engineer John Badalich presented a suggested sewer user charge
and industrial cost recovery charge ordinance for the Council's review.
Mr. Badalich indicated that an exact ordinance would not have to be
adopted at this time, but only the Council would have to approve the
resolution stating they would intend to adopt one in the future before
the plant is operating.
Motion was made by Phil White, seconded by Fran Fair and unanimously carried
to adopt a resolution stating that the City intends to adopt a sewer user
charge and industrial cost recovery charge system. (See Resolution
1979 # 8) .
13. Application for Variance from Certificate of Occupancy requirements by
Larry Purcell for the Plumbery.
Mr. Larry Purcell, owner of the new Plumbery business in Sandberg South
plat, requested a temporary certificate of occupancy to allow him to open
his new business without hardsurfaced parking or curbing and landscaping
being completed.
The reason for his request is based upon their wanting to wait until the
curb and street in Sandberg South addition is completed so they can match
the street for drainage, etc., without having to tear out part of their
parking lot later.
Council Minutes - May 29, 1979
Motion was made by Ken Maus, seconded by Dan Blonigen and unanimously
carried to approve this temporary certificate of occupancy contingent upon
Mr. Purcell bonding for the parking lot and landscaping improvements and
that the assessments on the property are paid at the time of occupancy.
It was also noted that the hardsurfacing of the parking lot would have to
be completed within 60 days after the curb is completed along Sandberg Lane.
14. Approval of Bills and Minutes.
Motion was made by Phil White, seconded by Dan Blonigen and unanimously
carried to approve the Minutes of the Special Meeting held May 10th and
the Regular Meeting held May 14, 1979, along with the bills for the
month of May, as presented. (See Supplement 5-29-79 #2)
15. Discussion on Fire Hall Roof Repairs.
Mr. Loren Klein, Building Inspector, informed the Council of the
two estimates he has received for repairing the fire hall roof. The first
estimate for completely redoing the present flat roof was from F.A. Tenney
Company in Buffalo in the amount of $9,200. Mr. Klein also noted that
to install a gable type roof over the present structure was estimated at
approximately $9,999.
The Council was informed that the fire department personnel and also the
Joint Fire Board has met and recommended that a flat roof similar to the
Tenney proposal be installed rather than a gable type roof. The fire
department and joint fire board felt that a flat roof had a better appearance
and also would allow for future expansion if the building was ever to be en-
larged.
Motion was made by Ken Maus, seconded by Fran Fair and unanimously carried
to approve the F.A. Tenney Company proposal for a new flat roof for $9,200,
contingent upon Township approval. The proposal for the new roof will be
brought to the Township Board as part of the Joint Fire Board agreement
at their next regular meeting.
16. Discussion on Pinewood Sidewalk.
The City Council previously discussed the possibility of extending the
existing sidewalk along Third Street from the School District's property
to Elm Street. It was felt by the Council that this additional sidewalk
would be a safety precaution because now the kids must walk on the street.
Loren Klein, Building Inspector, has received three estimates for improving
the sidewalk. The estimates range in cost from $3,015 to $3,087.
Motion was made by Phil White, seconded by Ken Maus and unanimously carried
to accept the low bid of $3,015 from Park Construction Company
for installing a new sidewalk from the School property to Elm Street
along Third Street.
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Council Minutes - May 29, 1979
17. Consideration of A2proving Plans and Specifications and Advertising for
Bids - 1979-1 Project.
Consulting engineer, John Badalich, reviewed with the Council the final
plans and specs for the 1979-1 improvement project. Mr. Badalich indicated
that meetings have been held with property owners John Lundsteen, Ken
Krienke and Mike Reher, in regards to the easements necessary for the
extension of Dundas Road from Oakwood Industrial Park to Highway 25.
He indicated that it appears there will be no problem in getting the
required easements and an alignment has been worked out.
Motion was made by Ken Maus, seconded by Phil White and unanimously
carried to adopt a resolution approving the final plans and specifications
for the 1979-1 Improvement Project and advertising for bids returnable
June 22, 1979 at 2:00 P.M. (See Resolution 1979 # 9)-
18. Discussion on Department of Revenue proposed Changes in the Valuation
and Assessment of Electric Utility Plants.
The City Administrator, Gary Wieber, informed the Council that the
Minnesota State Department of Revenue is proposing changes in the way
they would determine valuations for taxing purposes of utility plants
throughout the State. Mr. Wieber indicated that essentially, the
regulations would transfer valuation from communities with newer utility
plants such as Monticello, Becker and Red Wing, to older communities with
utility plants such as St. Paul and Minneapolis. He noted that while the
percentages affecting Monticello would be minor, he felt the City of
Monticello should go on record in opposition to any changes in the
valuation as this may leave the door open for further reductions in the
City of Monticello's market value. Mr. Wieber also noted that the result
of this type of valuation change appears to be just an attempt to avoid
the legislative process in regards to gross earnings tax and also would
result in NSP Company paying greater taxes throughout the State.
Motion was made by Phil White, seconded by Fran Fair and unanimously carried
to adopt a resolution opposing any changes by the Department of Revenue in
their calculations of valuations for utility plants. (See Resolution
1979 #10)-
19. Miscellaneous.
A. ,The Council discussed the present condition of Broadway, or Highway 75.
Council members asked that Public Works Director, John Simola, talk
with the County Engineer to work out a possible solution to the present
condition of the street.
B. Loren Klein, Civil Defense Director, informed the Councilmembers that
currently the chances are not good for State or Federal funds for
installing additional civil defense sirens in Monticello. He did inform
the Council that the present siren will be hooked up as soon as the
proper controls can be obtained.
Council Minutes - May 29, 1979
C. In regards to Agenda Item #5 discussed earlier, Councilman Ken Maus
asked that the Council reconsider possibly zoning Blocks 10, 11 and
21 in Upper Monticello to R-2 as the action taken previously was only
to leave the zoning as is. Mr. Maus then entered a motion to rezone
the area to R-2, but excluding Ron White and Darwin Straw property in
Block 10, but it died for lack of a second.
Motion by Ken Maus, seconded by Fran Fair and unanimously carried to adjourn.
- 6ZA4ugl-t
Rick Wolf stel Pr
Assistant Administrator
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