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City Council Minutes 10-25-2021REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, October 25, 2021— 6:30 p.m. Mississippi Room, Monticello Community Center Present: Lloyd Hilgart, Jim Davidson, Bill Fair, Charlotte Gabler, and Sam Murdoff Absent: None 1. General Business A. Call to Order & Pledge of Allegiance Mayor Hilgart called the meeting to order at 6:30 p.m. Mayor Hilgart noted that Councilmember Bill Fair was sworn in prior to the special meeting. B. Manufacturer's Week Proclamation C. Approval of Agenda Councilmember Gabler moved approval of the agenda. Councilmember Murdoff seconded the motion. Motion carried unanimously. D. Approval of Meeting Minutes • Special Meeting Minutes from October 11, 2021 • Regular Meeting Minutes from October 11, 2021 Councilmember Murdoff moved approval of both sets of minutes. Councilmember Gabler seconded the motion. Motion carried unanimously. E. Citizen Comments Clarence McCarty, downtown business owner, commented on the downtown dumpster enclosure located on Block 35. The enclosure is being left unlocked and open for non-paying people to empty their garbage. He requested that the City notify participating business owners to make sure they lock it and look at providing better security. Staff will review the enclosures for any updates that can be made. F. Public Service Announcements • Downtown Trick -or -Treat is Thursday, October 28 from 4 — 6 p.m. G. Council Liaison Updates • EDA — Councilmember Davidson stated that the EDA approved the preparation of a wetland delineation and plans and specifications for grading and stormwater improvements for a portion of City/EDA property at Otter Creek Business Park. • 1-94 Coalition — Councilmember Gabler noted that there was a zoom meeting regarding grants. 2. Consent Agenda: Councilmember Fair moved approval of the Consent Agenda. Councilmember Gabler seconded the motion. Motion carried unanimously. A. Consideration of approving the payment of bills. Action taken: Approved the bill and purchase card registers for a total of $807,957.57. B. Consideration of approving new hires and departures for city departments. Action taken: Approved the hires for Parks and MCC and departures for MCC.. Parks, and DMV. C. Consideration of approving the sale/disposal of surplus city property for the Street Department. Action taken: No report this cycle. D. Consideration of approving an application for a temporary charitable gambling permit for a raffle to be conducted by the Monticello Chamber of Commerce for their annual banquet on December 3, 2021. Action taken: Application was approved. E. Consideration of adopting Resolution 2021-81 supporting the Wright County Local Option Sales Tax. Action taken: Resolutions 2021-81 was adopted. F. Consideration of approving annual Snowplowing and Ice removal Policy for the 2021-2022 snow season. Action taken: Approved the policy. G. Consideration of approving "The Pointes at Cedar" as the final name for the "Chelsea Commons" planning area and authorizing the corresponding correction of documents. Action taken: Approved `The Pointes at Cedar' as the final name. H. Consideration approving an Administrative Subdivision and Administrative Lot Combination for two parcels located in the Central Community District, General Sub -District and approving a Waiver of Application Fee & Escrow. Applicant: Mosbart Properties, LLC. Action taken: Approved the Administrative Subdivision and Administrative Lot Combination based on findings in Resolution PC -2021-042 and the conditions of approval as required in the ordinance and Exhibit Z and approved the Waiver of Application Fee & Escrow based on the finding that the encroaching condition and non -conformity was created by the City of Monticello as the prior owner. I. Consideration of approving a Corrective Amendment to the City of Monticello Official Zoning Map for Shoreland Overlay District Boundaries. Applicant: City of Monticello. Action taken: Adopted Ordinance 764 approving a corrective amendment to the City of Monticello Official Zoning Map for Shoreland Overlay District Boundaries, based on findings to be made by the City Council. 3. Public Hearings: A. PUBLIC HEARING: Consideration of adopting Resolution 2021-82 approving an assessment roll for delinquent miscellaneous accounts to be certified to the County Auditor for 2022 payable tax year Jennifer Schreiber, City Clerk, presented the item. There was minimal discussion among City Council. Mayor Hilgart opened the public hearing. No one testified. Mayor Hilgart closed the public hearing. Councilmember Murdoff moved to adopt Resolution 2021-82 approving the assessment roll for delinquent miscellaneous accounts. Councilmember Davidson seconded the motion. Motion carried unanimously. B. PUBLIC HEARING: Consideration of adopting Resolution 2021-83 approving an assessment roll for delinquent utility accounts to be certified to the County Auditor for the 2022 payable tax year Jennifer Schreiber presented the item. There was minimal discussion among City Council. Mayor Hilgart opened the public hearing. No one testified. Mayor Hilgart closed the public hearing. Councilmember Fair moved to adopt Resolution 2021-83 approving an assessment roll for delinquent utility accounts. Councilmember Murdoff seconded the motion. Motion carried unanimously. 4. Regular Agenda: A. Consideration of an Appeal to Denial of Variance to Accessory Structure square footage maximum of 1,500 square feet and Consideration of approving a Conditional Use Permit for Accessory Structure exceeding 1,200 square feet for an existing single family residential use in the Central Community District, General Sub -District. Applicant: Clarence McCarty Steve Grittman, NAC, provided an overview of the request for appeal by the applicant. There was discussion among City Councilmembers. Mayor Hilgart commented that he did not believe approving the variance would set a precedent. He noted that in this situation, the applicant has a unique existing detached accessory structure and is seeking to add an attached garage to the home, which is different from the more common request of an existing attached garage and request for large, detached accessory structure. Councilmember Fair concurred. To allow the proposed two -stall garage addition, staff's proposal was that part of the barn would need to be removed because the total square footage of accessory garage space exceeds what is allowed by ordinance. Clarence McCarty, the applicant, addressed the City Council. He noted that the barn was there before the City was platted. The current house was built in 1926. He noted that it would not be feasible to remove a portion of the barn. Due to the uniqueness of the property, he requested that City Council reverse the decision by the Planning Commission denying the variance. Councilmember Fair moved to approve the variance from the maximum total garage space on a single-family parcel based on the uniqueness of the property, such as lot, age of structures, location in downtown area, and existing barn/garage structure preceded the house. Councilmember Murdoff seconded the motion. Motion carried unanimously. Mayor Hilgart moved to adopt the Conditional Use Permit as recommended by the Planning Commission, based on findings in Resolution PC -2021-035, and the conditions of approval as required in the ordinance and in Exhibit Z, excluding #2 and 3. Councilmember Davidson seconded the motion. Motion carried unanimously. B. Consideration of an amendment to the Affordable Storage Planned unit Development for Proposed Container Accessory Use. Applicant: Keith Burnham Steve Grittman, NAC, presented the item and noted that the Planning Commission unanimously recommended denial of the amendment. Staff also recommended denial of the amendment as the operation would be inconsistent with the intent of the land use specified by the Comprehensive Plan and, in addition, it is incompatible with the uses directly adjoining the subject property, particularly that of the single-family residential neighborhood to the south. It was also noted by staff that there should be a recommended removal date of November 15, 2021. When the original PUD was granted for commercial self - storage facility on this property, it was specifically noted that outdoor storage of materials on the site would not be permitted. Outdoor storage of materials is a use that is specifically relegated to industrial districts. Tim Dolan, Decklan Group on behalf of the applicant, addressed the City Council. Mr. Dolan explained that the applicant had read the PUD ordinance and believed the placement of containers was consistent with the ordinance. He also noted that the primary changes to the application are to the height and location of the containers. Mr. Dolan requested that they Council grant the amendment for a short-term use, up to 48 months. There was discussion among City Council. Councilmember Gabler commented that she would support the use for up to 48 months, with a review at 12 months. Councilmember Davidson agreed with 12 months because, in 12 months, Affordable Storage would have enough data on whether the use serves a purpose and would be able to build a structure. Councilmember Fair noted that he appreciated the investment the company has mode, but he would not support anything more than 12 months, as the City needs to consider the adjoining properties. Mayor Hilgart does not support the use, as it will set a precedent for facilities that have detached buildings such as those proposed. Councilmember Davidson added that this use would have never been allowed in the original PUD. Councilmember Murdoff commented that the City should allow based on the current business model originally allowed, with is storage. Staff's position is that the intent of the PUD was that there would not be materials stored outside the buildings. Councilmember Fair moved to affirm Planning Commission's denial of the request and require the removal of containers by November 15, 2021. Councilmember Davidson seconded the motion. Steve Grittman noted that there is a Council resolution in the packet, as proposed by staff, affirming the denial and listing the findings of fact for denial. Councilmembers Fair/Davidson had friendly amendment to motion to adopt Resolution 2021-85 denying a PUD Amendment for storage boxes on the Affordable Self -Storage site as outdoor storage based on findings in the stated resolution for denial and requiring the removal of the containers no later than November 15, 2021. Motion carried 3-2; Councilmembers Gabler and Murdoff voted against as they supported an interim use permit. Councilmember Gabler moved to adopt Ordinance 765 for PUD Amendment for the Affordable Storage Planned Unit Development, based on findings in Resolution 2021-85 for correction of language in Section (8)(c) to read as follows: Accessory Uses. Accessory uses shall be those commonly accessory and incidental to " commercial uses, and as specifically identified by the approved final stage PUD plans but shall not include outdoor storage or other activities. Councilmember Fair seconded the motion. Motion carried unanimously. C. Consideration of authorizing the purchase of a replacement fire engine for $20,000 from the City of Clearwater Rachel Leonard, City Administrator, provided an update on the purchase. The request was because Engine 12 was damaged responding to a call. The engine was not a total loss and is being repaired. To maintain an adequate fleet, the proposed fire engine will be used in the interim. Staff is optimistic that the insurance proceeds will cover the repairs of Engine 12 and the cost of this replacement vehicle. This item will not be a permanent vehicle of the Fire Department and will be sold when Engine 12 is repaired. There was minimal discussion among City Council. Councilmember Fair moved to authorize the purchase of the fire engine. Councilmember Gabler seconded the motion. Motion carried unanimously. 6. Adjournment: By consensus, the meeting was adjourned at 8:03 p.m. Recorder: Approved: Jennifer Schreiber an Att