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City Council Minutes 04-23-1979MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL April 23, 1979 - 7:30 P.M. Members Present: Philip White, Fran Fair, Dan Blonigen, Ken Maus. Members Absent: Arve Grimsmo. Citizens Comments - Mr. Gene Carlson informed the Council that he intended to buy a house from Harry Benson on East Broadway, and indicated that the garage on this property is located half on Mr. Benson's lot and half on the neighbor's lot owned by Kevin Olson. Mr. Carlson proposes to purchase part of Mr. Olson's property so that the garage will be located all on his lot and in exchange, will be giving Mr. Olson a portion of his rear lot. As a result, the garage would then be all on Mr. Carlson's pro- perty, but would be within 1' of the property line. Mr. Carlson wanted it, as a matter of record, that he would not object to Mr. Olson some day building a garage on his property, if the Council would approve the variance allowing this garage to be on the lot line. The question arose by the Council whether they would allow Mr. Olson in the future to build a garage directly alongside of Mr. Carlson's garage as there would be no access to the rear portion of either lot if this would occur. It was also the Council consensus that this item relating to the garage being on the lot line going to the Planning Commission for their recommendations prior to Council action. Representatives of the Monticello Country Club requested that the Council consider extending sewer and water along County Road 39 to the Country Club property since it would be available as part of the 1978-1 project. John Badalich, City Engineer, informed both the Council and the Country Club representatives that the water main now runs along County Road 39 all the way in front of the Country Club property, but that the sewer stops about 700' short of the Country Club entrance. The reason for the request by the Country Club was that they indicated they may be developing the property abutting County Road 39 into residential lots and thought that the cost would be cheaper now than to wait until the future to extend sewer and water. Mr. Badalich also stated that the Country Club, when the 1978 project was proposed, indicated they were not receptive to sewer and water because they were uncertain as to when they were going to develop their property, and as a result, that is why the sewer does not extend all the way along County Road 39. It was recommended by the City Engineer that the Country Club decide how they are going to plat their land before sewer is extended to the property. Council Minutes - 4/23/79 The Country Club Board of Directors will be meeting to decide if they would like the sewer extended along County Road 39 and will be reporting back to the Council within two weeks. Mr. Ray Galernaut, with a St. Cloud advertising company, informed the Council for the go-ahead to make a presentation to the Planning Commission on possible changes in the City Ordinances in regards to signs and bill- boards. Mr. Galernaut indicated that he will have a written summari- zation of his presentation available prior to the Planning Commission meeting. It was noted that there was no objection by the Council to Mr. Galernaut's request. 1. Consideration of Rezoning Block 10, Monticello, from R-3 to R-1 or R-2. At the March 26, 1979 Council Meeting, the City Council was approached by a group of citizens in Block 10 expressing concern over the possible development of an apartment house in Block 10. At the time of the request, the Monticello City Council requested that the Planning Commis- sion hold a public hearing to consider rezoning Block 10 and also put a moratorium on any building permit approvals for multiple family dwellings in this Block until the issue could be resolved by both the City Council and the Planning Commission. At the Public Hearing held by the Planning Commission April 17, 1979, Mr. Ron White proposed to build a seven -unit apartment complex on Lots 8, 9 & 10 of Block 10. His proposal met all City Ordinance requirements in terms of lot size and square footage per unit. It was brought out at the Planning Commission hearing that apparently many of the owners in Block 10 were not aware of the fact that their area was zoned for large multiple family dwellings, and requested that some type of restrictive zoning for single or two-family residential be implemented in this area. The primary concern of the residents was not to stop Mr. White from building his apartment, but to limit future and more development of apartments in the area. The Planning Commission voted unanimously to recommend that the present zoning of R-3 remain, since it has been zoned that way for seven years or longer and that to change it now just because a developer proposes an apartment house may subject the City to a lawsuit. Mr. Ron Peters again indicated that the residents were not that opposed to Mr. White's apartment house, but suggested that the South half of Block 10 be rezoned to R-2 (single and two-family) to limit future development of apartment houses. In reviewing the R-3 zoning in the area, the Council discussed the possibility of rezoning not only the South half of Block 10, but also Block 21 and the South half of Block 11 from R-3 to R-2. Except for the three lots proposed for an apartment house by Mr. White, this would leave the area north of Sixth Street in R-2 zoning. Since these other areas were not part of the Public Hearing at the Planning Commission level for possible rezoning, a motion was made by Fran Fair, seconded by Ken Maus and unanimously carried to lift the moratorium on multiple family dwelling building permits for Lots 8, 9 & 10 of Block 10, but recommended that the Planning Commission hold a public hearing to consider rezoning a larger area north of Sixth Street from R-3 to R-2. - 2 - Council Minutes - 4/23/79 2. Consideration of Change Order to Contract with Northdale Construction on 1978-1 Improvement Project. As part of the 1978-1 Improvement Project, Northdale Construction Company de -watered a large portion of Country Club Manor Plat to allow for the installation of sewer and water. As a result of this de -watering, a large amount of water built up on the north side of County Road 39 and went through a culvert underneath the Burlington Northern railroad tracks onto the School's property. Since this was a dangerous situation with School children playing in the area, Northdale Construction alleviated this problem by getting an agreement from the Country Club to allow them to construct an open ditch along the south side of the railroad tracks that eventually emptied into Otter Creek. Northdale Construction is about at the point to repair this ditch and put the property back in its previous shape, however, in looking at this ditch, it appears that the open ditch could be beneficial to drain the area of Kampa Estates, Country Club Manor and a portion of the property owned by the Country Club. City Engineer, John Badalich, recommended that this open ditch remain as part of the 1978-1 Improvement Project and indicated that Northdale Construction would reslope the open ditch to the satisfaction of the Country Club to approximately $3,600 to $4,000 extra. The Country Club indicated that they would be agreeable to the open ditch remaining since it would also be beneficial to the Country Club property. The additional cost of improving this ditch would be part of the 1978-1 Improvement Project and would be assessed back to the benefitting areas, including Country Club Manor and Kampa Estates. Mr. Badalich indicated that he would be talking to the Department of Natural Resources to get their okay on draining this area into Otter Creek and it was decided by the Council to table any action on this until Mr. Badalich talks to the Department of Natural Resources and until an exact cost figure can be obtained from Northdale Construction Company. 3. Consideration of Determination of Sanitary Sewer Interceptor Route. As part of the City's application to the EPA and Minnesota Pollution Control Agency for grant moneys and updating the City's Wastewater Treatment Plant, it was necessary to build an interceptor sewer line from the City's treatment plant to a point just north of the intersection of Washington Street and Burlington Northern railroad tracks. As part of Step II in this process of obtaining grant moneys, the City Engineer needs to determine the exact route that this interceptor line will take from the treatment plant to the intersection of Washington Street. City Engineer, John Badalich, outlined five different alternate routes the interceptor could take to reach Washington Street and the Burlington Northern Railroad tracks. One of the routes would go along County Road 75 to Washington Street, and then south along Washington Street to the railroad tracks. This route being the most expensive, would also entail digging up Washington Street which has just been put in with permanent streets. The other four alternatives would take various routes through the Monticello school property to get to Washington Street and the railroad tracks. - 3 - Council Minutes - 4/23/79 Monticello School Superintendent, Shelly Johnson, recommended that alter- native #5, which would run through the school property but would be closest to the railroad tracks, would be more agreeable to the school district. This alternative would require removing approximately 20 Oak trees for the sewer easement, but Mr. Johnson indicated that some of the other routes would disturb the football field or track field. It was the consensus of the Council to ask the School Board for an ease- ment using alternate route #5 and also to get an appraisal of the ease- ment necessary for this sewer interceptor line and to present to the Council at the next meeting. 4. Consideration of Approval of Fireworks Permit for the Chamber of Commerce July 4th Celebration. The Monticello Chamber of Commerce requested that they be granted a permit for a fireworks display on July 4, 1979. In the past few years, the fireworks display has taken place at the Pinewood Elementary School, but as a result of various improvements made to the School area and the concern for people parking on these improvements, the Chamber requested that the site of the fireworks display be moved to the Oakwood Industrial Park. The fireworks would be shot off at the Public Works Reservoir site and would be done by the fire department. Council members were concerned about the number of people that may come to view the fireworks display and as a result, parking on private property owned by the industries located in the park. It was recommended by the Council that the Chamber contact and get approval from the property owners within the Industrial Park for this display and at least make them aware of the fact that the display was going to take place in their area. Motion was made by Fran Fair, seconded by Ken Maus and unanimously carried to grant the Chamber of Commerce a fireworks display permit contingent upon the Chamber notifying the property owners in Oakwood Park of the display. 5. Consideration of Approval of Off -Sale Non -Intoxicating Liquor License for Jon Hansen, DBA/Tom Thumb Superette. Mr. Jon Hansen, who is the owner of the new Tom Thumb Store in Monticello, requested an off -sale non -intoxicating liquor license for his convenience food store. Motion was made by Dan Blonigen, seconded by Fran Fair and unanimously carried to approve the non -intoxicating 3.2 beer license for the Tom Thumb Store. 6. Consideration of Approval of Award of Eminent Domain for Order Issued by the Tenth Judicial Court District. The Tenth Judicial Court District, in its report of the Commissioners, has issued an order dated March 22, 1979, awarding the sum of $11,000 to Harold Ruff, Phyllis Ruff and Ruff Auto Parts, Inc. relative to the easement containing 6,410 square feet which the City had to obtain in order to serve Country Club Manor with sewer and water. The easement - 4 - Council Minutes - 4/23/79 was also for roadway purposes in addition to utilities. It was noted that either the Ruff's or the City could appeal this award, but as of this date, no appeal has been filed by the Ruff's. It was the consensus of the Council that no action would be taken in regards to an appeal since it would probably be more costly than the award itself. 7. Approval of Bills. Motion was made by Fran Fair, seconded by Dan Blonigen and unanimously carried to approve the bills for April 1979, as presented. (See Supplement 4-17-79 #1). 8. -Approval of Minutes. Motion was made by Dan Blonigen, seconded by Fran Fair and unanimously carried to approve the minutes of the special meeting of March 27th and the regular council meeting of April 9, 1979, as presented. 9. Consideration of Approval of 3.2 Beer License for Monticello Softball League. The Monticello Slow -Pitch Softball League requested a 3.2 beer license for their softball games during the summer from May 1979 to November 1979. Motion was made by Fran Fair, seconded by Ken Maus and unanimously carried to approve the issuance of the 3.2 license contingent upon payment of all past due bills of the League for latrine rentals. 10. Consideration of Attendance at Annual League of Minnesota Cities rnnfArAnrA Motion was made by Fran Fiar, seconded by Dan Blonigen and unanimously carried to authorize Gary Wieber and Arve Grimsmo to attend the Annual League meeting to be held June 13 through 15, 1979. Meeting adjourned. Rick Wolfstel r Assistant Ad inistrator RW/ns - 5 -