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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. - 1 - 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. - 2 - 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. - 3 - 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. - 4 - 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). - 5 - 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. - 7 - 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 RW/ns ��