City Council Minutes 06-23-1980MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
June 23, 1980 - 7:30 P. M.
Members Present: Arve Grimsmo, Dan Blonigen, Fran Fair, Ken Maus, Phil White.
Citizens Comments:
Mr. William Everett, Principal of the Rivercrest Christian School,
appeared before the Council to ask if the City would consider renting a
portion of the Oakwood School Building to the Christian School for their
school needs during 1980 and 1981. Mr. Everett indicated that the School
is now looking for a place to expand and felt that the School Building
would suit their purposes very well.
City Building Official, Loren Klein, indicated that the State Building
Code Division has indicated that there is a very slight chance that the
building could be used for School purposes, and if so, would need
hundreds of thousands of dollars worth of rehabilitation before this could
be allowed. Because of this, motion was made by Phil White, seconded by
Fran Fair and unanimously carried to deny the request of the Rivercrest School.
Mr. Chuck Ballard, resident of Mississippi Drive in the eastern portion of
Monticello, expressed his concern about the Macarlund Plaza Development
proposed in the area. Mr. Ballard felt that the development, as proposed,
calls for watermain service to come from Mississippi Drive, which, in his
opinion, may cause water pressure problems not only for the residents of
the new townhouse development, but also for those current residents
along Mississippi Drive. He felt that if there is going to be water pres-
sure problems, which the City Engineer has indicated there may be, looping
of the water mains should be constructed now to avoid problems in the future.
City Engineer, John Badalich, did indicate that booster pumps would be nec-
essary to the individual townhouse units and would be a short-term solution
to the problem, but felt that this would be adequate at the present time
as it is unlikely that everybody in the townhouse development and those
along Mississippi Drive would be using water at the same time. He noted
that the long range plan is to loop the watermains in the future, which
should alleviate any problems after more development occurs in the area.
Mr. Ballard also informed the Council that some of the undeveloped lots in
the area are now growing up in weeds, and the City Council instructed the
Public Works Department to pursue this matter with the property owners.
1. Consideration of Sign Ordinance Amendment Regulating Advertising Signs
Greater than 200 Square Feet.
Presently, according to Monticello City Ordinances, advertising signs or
billboards are required to be removed by August 21, 1980, unless the City
Council amends this ordinance provision. An ordinance amendment has been
prepared by John Uban, of Howard Dahlgren Associates, and reviewed by the
Planning Commission for possible adoption.
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The new ordinance as proposed would consider all advertising signs as non-
conforming uses and they would be allowed to remain until such time as the
parcel of land on which they are sited was developed, and at that time,
the sign would have to be removed within 60 days. As a result of this
provision, all existing advertising signs would have been grandfathered in
and allowed to stay until such time as the property was developed.
Councilmember Fair noted that the present ordinances have been on the books
since 1975, which required all signs which were non -conforming to be taken
down by August of 1980. Mrs. Fair indicated that she felt the sign ordi-
nance, at present, is a good ordinance and should be adhered to and that
grandfathering in the present signs but not allowing additional signs in
the future may cause enforcement problems.
Other Councilmembers felt that this may be a solution to the billboard
advertising problem by amending the ordinance to allow the existing signs
to be grandfathered in, but by making them the principal use of a buildable
lot, the burden is now shifted to the property owners and the sign company
to decide whether the sign remains or development occurs.
Del Blocher, of Blocher Advertising Company, requested that the Council
consider allowing the signs that are grandfathered in to be updated and
upgraded in the future. Mr. Blocher showed sketches of new signs now used
in the sign industry for billboard structures which would be much more
modern and aesthetically pleasing to the community. His request would be
that, if this new ordinance was passed, single pole type structures be
allowed to replace the existing signs as they are taken down and repaired.
Motion was made by Phil White, seconded by Dan Blonigen to adopt an
ordinance amendment pertaining to Ordinance Section 10-3-9(B), as follows:
Advertising signs of 200 square feet or more, in place on
or before June 23, 1980, and which are the principal use
of the lot of record as of the above date, and which have
an agreement on file with the City on or before August 23, 1980,
in the form so designated by the City Administrator, which is
signed by the property owners and the advertising sign owners
and all signatures notarized, may continue as a non -conforming
use until such time as the lot of record above is developed
or improved, in which case, the non -conforming advertising sign
must be removed within 60 days after written notice from the
Building Official.
Voting in favor: Arve Grimsmo, Dan Blonigen, Phil White, Ken Maus.
Opposed: Fran Fair.
(See Ordinance Amendment 6/23/80 #78)
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2. Consideration of an Ordinance Amendment to Allow a Day Care Facilit
within an R-2 Zone as a Conditional Use.
Currently, Monticello Ordinances allow a Day Care Home with up to five
children as a permitted use in any residential zone, such as R-1, R-2
and R-3. The current ordinances also provide for a Day Care Home with
greater than five children as a conditional use within an R-3 zone only.
A request by the ABC Day Care Center has been made to allow a Day Care
facility within an R-2 zone as a conditional use, as the owners of the
ABC Day Care Center are proposing to purchase the First Baptist Church property,
which is currently zoned R-2. It was noted that in order to allow this
First Baptist Church property to have a conditional use, the property
would either have to be rezoned to R-3 which would allow also multiple
family buildings, or amend the ordinance to allow day care facilities
as conditional uses within an R-2 zone.
The Planning Commission, at their last meeting, recommended that this
ordinance amendment be passed to allow day care facilities as conditional
uses also in R-2 zones with numerous conditions applied.
Motion was made by Fran Fair, seconded by Phil White and unanimously
carried to adopt an ordinance amendment to allow a Day Care facility
as a conditional use within an R-2 zone, along with the following
conditions:
A. No overnight facilities are provided for the children served.
Children are delivered and removed daily.
B. The front yard depth shall be a minimum of thirty-five (35) feet.
C. Adequate off-street parking and access is provided in compliance
with Section 10-3-5 of this Ordinance.
D. Adequate off-street loading and service entrances are provided in
compliance with Section 10-3-6 of this Ordinance.
E. The site and related parking and service shall be served by an
arterial or collector street of sufficient capacity to accommodate
the traffic which will be generated.
F. All signing and informational or visual communication devices shall
be in compliance with Section 10-3-9 of this Ordinance.
G. The provisions of Section 10-22-1-(E) of this Ordinance are
considered and satisfactorily met.
H. The regulations and conditions of the Minnesota Department of Public
Welfare, Public Welfare Manual 11-31-30 as adopted, amended and/or
changed are satisfactorily met.
I. A written indication of preliminary, pending or final license
approval from the regulatory welfare agency is supplied to the City.
(See Ordinance Amendment 6/23/80 #79).
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3. Consideration of a Conditional Use Permit - ABC Day Care Center.
Marcella Corrow, one of the owners of the ABC Day Care Center, requested
a conditional use permit to allow them to utilize the existing First
Baptist Church property on West Broadway, as a new facility for their
day care center operation.
As referred to in Item#2, this property is located in an R-2 zone and
would require a conditional use permit. The Day Care Center currently
operates out of the Oakwood School Building, but will have to find a new
location and, according to Mrs. Corrow, the First Baptist Church property
would be ideal for their purposes, since it would require little modification
to meet their purposes.
The Planning Commission, at their last meeting, held a public hearing and
received no objections to the proposal and recommended unanimously that
this conditional use permit be granted.
Motion was made by Phil White, seconded by Dan Blonigen and unanimously
carried to approve a conditional use to the ABC Day Care Center.
4. Consideration of an Ordinance Amendment to Allow the Division of Lots
Containing More Than One Dwellinq Unit for Purposes of Ownership.
Recently, the City Council received and approved a request from a developer
to build a duplex on one city lot, which would be owned by two individual
parties. The division of the duplex into two dwelling units created a
zero lot line at the common wall of the building.
At the time the zero lot line variance was granted to the developer, it
was the opinion of the consulting Planner that the present zoning ordi-
nance could be interpreted to allow the approval of the division of lots
containing multiple unit structures in order that individual units could
be sold without a variance. In order to clarify the zoning ordinances,
the Planner did offer an ordinance amendment to more clearly address
the issue, and recommended that the following ordinance amendment be adopted:
(E) Lots of multiple housing unit structures may be divided for
the purpose of condominium ownership provided that the prin-
cipal structure containing the housing units shall meet the
setback distances of the applicable zoning district. In
addition, each condominium unit shall have the minimum lot area
for the type of housing unit and usable open space as specified
in the Area and Building Size Regulations of this Ordinance.
Such lot areas may be controlled by an individual or joint ownership.
Motion was made by Phil White, seconded by Ken Maus and unanimously carried
to adopt the ordinance amendment pertaining to Section 10-3-3-(E), allowing
multiple housing unit structures to be divided for the purpose of condominium
ownership provided each condominium unit has the minimum lot area for the type
of housing unit and usable open space as specified in the regulations of the
ordinance. (See Ordinance Amendment 6/23/80 #80)
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5. Consideration of Extension of Variance Request by Scott's, Inc. to
Continue the Use of a Mobile Home in a B-3 Zone.
Bob Pederson, of Scott's, Inc., requested another variance to continue
the utilization of a mobile home, which is currently situated just West
of the Monticello Ford site at the I-94 interchange. Mr. Pederson
indicated that Scott's is a truck brokerage business which has utilized
the present site for a number of years, even prior to when the area
was annexed into the City of Monticello.
Variances were granted in the past years for Scott's to operate the
truck brokerage business at this site, with the understanding that
they were one-year variances and that Scott's would be locating to a
permanent facility, Mr. Pederson indicated that they have been trying
very hard to find a new place to operate their business, but have been
unsuccessful so far. Mr. Pederson indicated that their primary business
season is from July until Mid -October of each year, and to go out and
purchase a large tract of land and build a permanent structure for this
seasonal operation is economically not feasible in light of the land
available at the current time. Mr. Pederson indicated that he has had
talks with Mr. Mike Reher, who owns property in the area south of I-94,
who plans on developing his property, that may be suitable for Mr. Pederson
to rent. In light of this, Mr. Pederson requested that he be allowed to
continue his operation at the present site until approximately December 1,
1980, at which time he would remove the mobile home and business from
the Ford property site.
Motion was made by Phil White, seconded by Fran Fair and unanimously carried
to extend the variance request of Scott's, Inc. to operate their brokerage
business from a mobile home without any landscaping or hardsurfacing and
curbing requirements until December 1, 1980, with the understanding that
no additional extension of the variances would be granted.
6. Consideration of a Request for Permission to Hold a Tractor Pulling Contest
and a One -Day Non -Intoxicating On -Sale License by the Monticello Jaycee's.
The Monticello Jaycee's, along with the St. Michael Jaycee's, have requested
permission to hold a tractor pulling contest on the Curtis Hoglund property
July 13, 1980. In addition, the ,Jaycee's requested a one -day 3.2 beer license
for the event scheduled from 1 - 5:00 P.M.
One of the primary concerns of the Council was that adequate parking be
available, and representatives of the Jaycee's indicated that parking
would be available on Curt's property, along with property owned by
Maurice Hoglund, just east of the tractor pulling site. In addition,
the Jaycee's will post County Road #75 with No -Parking signs to eliminate
parking along the shoulder of County Road #75.
Motion was made by Fran Fair, seconded by Dan Blonigen and unanimously
carried to approve the request of the Monticello and St. Michael Jaycee's
to hold a tractor pulling contest on July 13, 1980, and to issue a 3.2 beer
license for that one day, with the understanding that the Jaycee's provide
adequate liability insurance.
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7. Consideration of Acceptance of a Step III Treatment Works Grant from
t.hP FPA_
Notification has been received from the EPA that the City of Monticello
has been awarded a grant in the amount of $4,149,300 for the upgrading
of the Wastewater Treatment Plant in Monticello.
The total project cost for the treatment works plus the interceptor
sewer which would run through the School property to the intersection of
the Burlington Northern Railroad Tracks and Washington Street, is
estimated at $5,532,400. Of this amount, the City's share would be 10%,
or approximately $553,000.
John Badalich, City Engineer, informed the Council that additional
applications have been submitted in an attempt to get some of the
construction at the plant to be considered energy efficient, whereby
an additional $40,000 of the City's share may be picked up by Federal
and State grants.
The City Engineer indicated that bids could be advertised for construction
returnable in August of 1980, and construction would take approximately
15 months before final completion.
Motion was made by Phil White, seconded by Ken Maus and unanimously carried
to adopt a resolution formally accepting the grant conveyed by the EPA
in the amount of $4,149,300 for updating the City's present treatment
plant and installation of interceptor sewer lines. (See Resolution 6/23/80 #14)
Motion was also made by Phil White, seconded by Fran Fair and unanimously
carried to advertise for bids for upgrading the Wastewater Treatment Plant
with bids returnable August 20, 1980. (See Resolution 6/23/80 #15)
In addition, a motion was made by Phil White, seconded by Ken Maus and
unanimously carried to adopt a resolution approving the engineering fees
on the construction project in the amount of $380,200. (See Resol. 6/23/80 #16)
8. Consideration of Extent of City's Involvement in a Comprehensive Community
Education Joint Powers Agreement with the School District #882 of Monticello.
Previously, the City Council appointed two members to an ad hoc committee
for the purpose of forming a joint powers agreement with the School District
to provide a joint recreation program. This formal Joint Powers Agreement
was recommended by the State Auditor if the City wished to continue contri-
buting to the summer recreation program sponsored by the community education
staff.
As part of the Committee discussion at their last meeting, there was dis-
cussion about the possibility of the City being involved in more than just
the summer recreation program, and possibly being involved in the entire
community education program in terms of financial support.
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After considerable discussion by Council Members regarding the entire
community education program and the summer recreational program, it was
the consensus of the Council that the City should only consider financial
support for the summer recreational program, and not the entire community
education concept in general. Although the City was in favor of sharing
in the cost of the summer recreational program, considerable discussion
was held concerning what was considered a fair share in regards to
Monticello residences.
It was pointed out that although in some cases more City residences use
the facilities of the summer recreation program, the City, in effect,
already is paying 75% of.the entire summer recreation program and
community education program since the City of Monticello does constitute
75% of the tax base of the School District.
Duane Gates, Community Education Director, presented a summary of the summer
recreational costs for 1980 to the Council, which indicated approximately
$11,460 will be spent for these costs in 1980. Mr. Gates noted that the
above costs did not reflect overhead costs such as maintaining an office
and salaries of the Community Education Director or secretaries, and also
did not reflect any maintenance of the swimming pool in terms of chemicals,
supplies, etc. In addition, Mr. Gates indicated that another $13,000 is
spent during the year for other recreational activities as part of the
community education program.
In order for the City to pursue a joint powers agreement with the School
District, motion was made by Fran Fair, seconded by Ken Maus to have the
City participate in the summer recreational program with the School District
as part of a joint powers agreement at the rate of 50% of the 1980 estimated
cost of $11,460. The percentage rate of 50% of the summer recreational
program costs on an annual basis would be negotiated annually. Voting
in favor: Fran Fair, Arve Grimsmo, Phil White, Ken Maus. Opposed: Dan Blonigen.
9. Approval of Minutes and Bills.
Motion was made by Phil White, seconded by Ken Maus and unanimously carried
to approve the Minutes of the June 9, 1980 regular council meeting and
the Bills for June 1980, as presented. (See Exhibit 6/23/80 #1).
10. Consideration of a 3.2 Beer License for the Lion's Club - July 4th Celebration.
The Monticello Lion's Club again requested a temporary license to sell 3.2 beer
on the 4th of July as part of their Independence Day Celebration. The
celebration takes place in the Bridge Park, and in addition, the Lion's Club
requested that the license include the allowance of sale of 3.2 beer at the
Maus Foods parking lot prior to the parade of the various antique cars.
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Council discussion concerned whether 3.2 beer was necessary to be available
at the antique car review, and therefore a motion was made by Phil White,
seconded by Fran Fair and unanimously carried to approve the issuance
of a temporary 3.2 beer license on the 4th of July to the Lion's Club
at the Bridge Park, but not at the Maus Food Lot.
Meeting adjourned.
Rick Wol fstel TV r
Assistant Administrator
RW/ns
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