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City Council Minutes 09-22-1986MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, September 22, 1986 - 7:30 p.m. Members Present: Arve A. Grimsmo, Fran Fair, Bill Fair, Jack Maxwell, Dan Blonigen. Members Absent: None. 2. Approval of Minutes. Motion was made by Bill Fair, seconded by Maxwell, and unanimously carried to approve the minutes of the regular meeting held September 8, 1986, and the special meeting held September 15, 1986. 3. Citizens Comments/Petitions, Requests and Complaints. Mr. John Sandberg again appeared before the Council to discuss what the City plans are for serving the proposed new middle school with utilities such as sewer and water and streets. Mr. Sandberg noted that it has been estimated that it would cost the City up to $450,000.00 to provide sewer extensions and a blacktop road from the Industrial Park to County Road 118 to serve the middle school site. He noted that the school property would not abut any of these improvements and that the $450,000.00 would probably not be assessable to the school property, as the improvements would benefit the current property owner, Mr. Jim Boyle, only. He also indicated that the school will be expecting the City to construct a new bridge over I-94 some day in the future to connect Washington Street to the south side of the freeway, which would cost the taxpayers in Monticello an additional $900,000.00 or more. Again, none of this cost would be assessable directly to the school. Mr. Sandberg felt that if the City is not planning on putting in a road and sewer improvements to reach the school property with City taxpayers' money, the Council should soon inform the school district of their intentions soon to avoid problems in the future after the school is started to be constructed. Mayor Grimsmo noted that the City is willing to be cooperative with the school district, but it was never the City's intention to have the local taxpayers pick up the cost of improvements necessary to serve the school. Councilmember Fair and Blonigen agreed that any improvements necessary for the school would be constructed under present City policy which would in all likelihood require the benefiting property owners to provide 1000 of the upfront money for such improvements. Administrator Eidem noted that Mr. Jim Boyle, the major property owner between the Industrial Park and the school property, along with the school district attorney, have been informed of the City's policy requiring the petitioners for improvements to provide all of the funds necessary for construction. It was also noted by the City staff that a meeting will be held soon with the school district and Mr. Jim Boyle regarding the extension of services for the proposed school site, which should clear up all the problems related to Mr. Sandberg's concerns. Council Minutes - 9/22/86 4. Consideration of a Resolution to Either Amend the Original Petition for the Annexation of 704 Acres to Include the Entire Orderly Annexation Area, or Adopting a Resolution Withdrawing the Original Petition and Filing a New Petition for the Annexation of the Entire Orderly Annexation Area. At the September 8 Council meeting, the Council approved a motion to request the Municipal Board continue the public hearing scheduled for October 15 on the annexation proceedings of 704 acres to allow for the original petition to be amended to include the entire OAA area rather than just the 704 acres. The Municipal Board has indicated that they would prefer not to consider major amendments to the original annexation petition, but suggested that the original petition be withdrawn and a new request for annexation proceedings be initiated. The City Attorney concurs with this recommendation and recommended that the City Council withdraw its initial petition on the annexation request of 704 acres and institute a new petition before the Municipal Board to annex the entire Orderly Annexation Area. As a result, motion was made by Bill Fair, seconded by Fran Fair, and unanimously carried to adopt a resolution withdrawing the original petition to annex the 704 acres. See Resolution 86-21. Motion was also made by Bill Fair, seconded by Fran Fair, and unanimously carried to adopt a resolution indicating the City's intent to annex the entire Orderly Annexation Area and to submit the petition before the Municipal Board. See Resolution 86-22. 5. Consideration of Granting a Time Extension for the Completion of the 86-1 Project. The specifications for the 86-1 Interceptor Sewer Project called for completion of the blacktopping by October 15, 1986, and completion of the entire project by October 31, 1986. The L & G Rehbein Company, Inc., General Contractor, has applied for an extension on the bituminous portion from October 15 to November 1, and requests that the final completion date be extended to December 15, 1986, due to additional work incorporated with the project and because of rain delays. Public Works Director, John Simola, concurred with the request and felt there would be no problem extending the deadlines as requested. As a result, a motion was made by Fran Fair, seconded by Bill Fair, and unanimously carried to approve the change order extending the completion date for the blacktopping portion of the interceptor sewer project to October 31, and to extend the entire project completion date until December 15, 1986. See Change Order #5. 6. Consideration of Adopting an Amendment to the Monticello Zoning Ordinance to Allow the Development of Daycare Centers in a Commercial Zone. Mr. Ken Catton had requested that the City Ordinances be amended to allow for development of daycare centers as a conditional use in B-3 (Highway Business) Zones. Current zoning regulations do not allow for -2- Council Minutes - 9/22/86 daycare centers in commercial zones. The Planning Commission had reviewed this request and determined that daycare centers would be appropriate uses in commercial zones provided certain conditions were attached under the conditional use permit process. The Planning Commission recommended that the ordinance be amended provided four conditions were attached concerning no overnight facilities are provided for children and that appropriate recreational areas be provided for the facilities. In addition, daycare center applicants would have to meet the regulations and conditions of the Minnesota Department of Human Services. After further discussion on the ordinance amendment, motion was made by Fran Fair, seconded by Bill Fair, and unanimously carried to approve an ordinance amendment allowing daycare centers as a conditional use in a B-3 (Highway Business) commercial zone. 7. Consideration of Granting Contingent Approval for a Conditional Use for a Daycare Center in a Commercial Zone. Relating to the previous item, Mr. Ken Catton requested approval of a conditional use to allow for his proposed daycare center being planned for a lot in the Plaza Partners Subdivision south of Wendy's Restaurant. The Planning Commission at their previous meeting did not approve Mr. Catton's conditional use permit, as they requested the ordinance amendment be published prior to their granting approval for Mr. Catton's daycare center. Mr. Catton appeared before the Council to request contingent approval for his daycare center request to enable him to start construction yet this season. Normally a site plan is supplied by the developer and reviewed by the Planning Commission prior to Council action on their request; but since Mr. Catton had not yet prepared his final plans, he was requesting a contingent approval be granted by the Council and that the City staff grant final approval to all design elements related to the daycare center. Mr. Catton indicated a willingness to meet all City zoning and building requirements related to his development and did not have a problem with the City staff granting final approval to his plans. As a result, motion was made by Maxwell, seconded by Blonigen, and unanimously carried to approve the issuance of a conditional use permit for the daycare center contingent upon City staff approval of all design elements relating to the development. 8. Consideration of Granting Approval to a Proposed Development for Fourth gtrPPt Park_ Public Works Director, John Simola, reviewed with the Council a proposed redevelopment of the Fourth Street Park over a 3 -year period. Currently the Fourth Street Park is primarily used by the Hockey Association, although the park does contain a small softball field. It was recommended by the Public Works Department that the park be reorganized to provide for a more efficient layout of the area. It was proposed that the hockey -3- Council Minutes - 9/22/86 rink,which is currently partially dismantled because of the interceptor sewer project,be relocated to the westerly edge of the park area to provide for a larger softball playing area. In addition, a small playground tot lot area would be re-established in the park and some hard surfaced parking areas are also planned. The proposal would require an existing fence on the currently undeveloped street right-of-way to be moved westerly to the property of Mr. & Mrs. Klatt, who abut the park area. The Klatts were allowed by the Council to construct a cyclone fence on the street right-of-way during the early 70's to keep children using the playground area from entering their property. The proposal now recommends that the fence be relocated onto the Klatts own property to allow for the hockey rink to be relocated towards the western end of the park to provide sufficient area for all the activities planned. Mr. and Mrs. Klatt voiced their opposition to the City expanding the park area, especially the relocation of the hockey rink closer to their property. They were also opposed to relocating the existing fence. Councilmember Blonigen also agreed with the Klatts and felt the fence should be allowed to remain where it is with the City doing other arrangements for relocating the existing hockey rink. Administrator Eidem noted that the City does own the undeveloped street right-of-way and could use it for whatever purpose it chooses, including enlargement of the park area, and that to enable the entire park to be developed into a playable softball field along with hockey, free skating, and playground areas, the City would need to use the right-of-way. It was suggested that if the City continues to allow the Klatts to use the right-of-way for their own personal use, the City should consider selling the property to the Klatts or otherwise using it for park facilities. After further discussion on efforts the City could institute to lessen the impact of the playground area on the abutting property owner, including such items as additional landscaping to buffer the Klatt's property, motion was made by Fran Fair, seconded by Maxwell, to approve the reorganization and development of the Fourth Street Park as outlined by the Public Works Director, including hockey rink relocation, light pole relocation, hydrant relocation, purchase of playground equipment, and the fence relocation to the Klatt's property. The City staff was also instructed to work with the Klatts to provide adequate landscaping and buffering adjacent to their property. Voting in favor was Grimsmo, Fran Fair, Bill Fair, Maxwell. Voting in opposition was Blonigen. 9. Consideration of Bills for the Month of September. Motion was made by Maxwell, seconded by Bill Fair, and unanimously carried to approve the bills for the month of September as presented. 10. Discussion on Vacant Lot Owned by City in Block 36. The City currently owns and maintains a vacant lot in the middle of Block 36 on Broadway adjacent to John Koppy's insurance agency. Mr. Koppy -4- Council Minutes - 9/22/86 currently is in the process of blacktopping a parking lot at the rear of his property and had plans to hard surface a driveway off of Broadway to the parking lot that would require blacktopping a portion of the City property to provide adequate driveway width. The Council previously had offered to sell the property to Mr. Koppy, who did not agree with the asking price of $11,500.00 as appraised. The Council discussed whether Mr. Koppy's blacktopping improvements would benefit the City or whether the property should be offered for sale to the general public if Mr. Koppy is not interested in purchasing the property. After further discussion, motion was made by Bill Fair, seconded by Maxwell, and unanimously carried to offer the property for sale to Mr. Koppy for $7,500.00; and if not accepted by Mr. Koppy to offer the property for sale to the general public. In addition,'Mr. Koppy will be instructed not to encroach onto the City property in blacktopping a driveway access. Voting in favor was Grimsmo, Fran Fair, Bill Fair, Maxwell. Voting in the opposition was Blonigen, as he felt the property would be improved with a driveway without the sale being necessary. Rick Wolf st ler Assistant Administrator -5-