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City Council Minutes 09-13-1993MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, September 13, 1993 - 7 p.m. Members Present: Ken Maus, Shirley Anderson, Brad Fyle, Clint Herbst, Patty Olsen Members Absent: None 2. Consideration of approval of minutes of the regular meeting held August 23, 1993, and the special meeting held August 31, 1993. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to approve the meeting minutes as submitted. Motion carried unanimously. 3. Citizens comments/petitions, requests, and complaints. None forthcoming. 4. Consideration of a request to amend Section 3-3 [C] of the Monticello Zoning Ordinance by changing the R-1 (single family residential) side yard setback requirement from ten (10) feet on both side yards to six (6) feet on one side and ten (10) feet on the other side. Assistant Administrator O'Neill reported that the home design that Emmerich commonly uses is 64 ft wide and features a 3 -car garage. Due to current 10 -ft side yard setback requirements, it is not possible to place a 64 -ft home on many of the lots in the Oak Ridge subdivision because many of the lots in the subdivision are only 80 ft wide. Amending the ordinance by allowing a 6 -ft side yard setback on the garage side of a residential structure would enable Emmerich to build a 64 -ft home on an 80 -ft lot. The additional 4 ft of buildable area would enable development of homes with S- car garages that are better balanced from an architectural standpoint. O'Neill went on to report that Planning Commission recommended denial of the proposed amendment based on their finding that the present ordinance requiring a 10 -ft setback on both sides of a residence is proper. It was the view of the Planning Commission that a 10 -ft setback is necessary. Reducing one side to 6 ft would tighten the separation between buildings, which could result in a negative impact on values. Furthermore, the current standards are reasonable, and reducing them would not be consistent with the comprehensive plan. Patty Olsen mentioned that she is working with Tony Emmerich on other projects in Monticello; however, and she is not involved in the Oak Ridge subdivision and has no financial interest in this project. Page 1 Council Minutes - 9/13/93 Brad Fyle mentioned that Emmerich should have designed his plat with lot widths that would be sufficient to enable construction of the type of homes that he wishes to build. Shirley Anderson mentioned that she saw no reason to change the present ordinance. After discussion, a motion was made by Clint Herbst and seconded by Brad Fyle to deny approval of the proposed amendment based on the finding that the present ordinance requiring a 10 -ft setback on both sides of a residence is proper. A 10 -ft setback on both sides is necessary in an R-1 zone. Reducing one side yard setback to 6 ft would reduce the necessary separation between buildings, which could result in a negative impact on land values. Furthermore, the current standards are reasonable, and reducing them would not be consistent with the comprehensive plan. Voting in favor of the motion: Ken Maus, Brad Fyle, Clint Herbst, Shirley Anderson. Opposed: Patty Olsen. Patty Olsen remarked that it was her view that the amendment could benefit the City by enabling home owners to build larger garages, thereby providing room for items that would otherwise be stored outside along side garages. 5. Consideration of a request to amend Chapter 10 of the Monticello Zoning Ordinance by adding a provision that would increase the maximum size allowed for private garages accessory to a residential use in a PZM (performance zone mixed) zone. Assistant Administrator O'Neill informed City Council that the Planning Commission reviewed the proposed ordinance amendment and recommended denial based on the finding that an ordinance amendment which would allow development of a very large accessory building in a semi - residential zone, even with conditions as proposed, is not consistent with the purpose of the PZM district and is not consistent with the comprehensive plan. O'Neill went on to review the proposed ordinance amendment and the conditions associated with allowing development of an accessory structure in excess of 1,000 sq ft. Brad Fyle mentioned his concern over allowing such a large garage in the PZM zone. It opens up the same type of development to all PZM lots in the city, and the size of the proposed structure to be built by Ruff is not consistent with what's existing in the other PZM zones. City Attorney, Paul Weingarden, noted that in analyzing the request, City Council needs to look at what is the purpose of the PZM zone and determine if this type of structure is consistent with this purpose. After discussion, a motion was made by Brad Fyle and seconded by Clint Herbst to deny the zoning ordinance amendment based on the finding that development of accessory buildings in excess of 1,000 sq ft, even with Page 2 Council Minutes - 9/13/93 conditions as proposed, is not consistent with the purpose of the PZM district and is not consistent with the comprehensive plan. Voting in favor of the motion: Ken Maus, Patty Olsen, Brad Fyle, Clint Herbst. Opposed: Shirley Anderson. 6. Consideration of a conditional use request to allow open and outdoor storage as an accessory use in an I-2 (heavy industrial) zone and a variance request to allow a forty (40) foot and thirty-two (32) foot curb cut. Assistant Administrator O'Neill reported that the two conditional use permits and two curb cut variance requests are requested by H -Window Company in conjunction with the expansion of the H -Window Company structure. Under the proposed expansion, the H -Window Company will be constructing an addition of a size approximately equal to the existing building. All aspects of the site plan conform with city requirements in terms of landscaping, parking, signage, etc. Expansion of the facility calls for use of a small area for outside storage. The area will be screened from view of the public right-of-way through use of a screening fence as required by the ordinance. The Planning Commission recommended approval of this request. The site plan conforms to city requirements with regard to parking, drive areas, etc., with one exception: the H -Window Company requests that the curb not be required in parking expansion areas. Granting of the conditional use permit request would allow the H -Window Company to develop the parking area without the curb. O'Neill reported that the site plan also requires two curb cut variances. One calls for a 40 -ft curb cut on the eastern -most driveway access on Dundas, which is 16 ft wider than the maximum allowed by ordinance. H - Window also requests a 32 -ft curb cut at the entrance to County Road 117. The 40 -ft curb cut would allow for more maneuvering room for semi -trailer trucks entering and leaving the loading berth area located on the southerly side of the structure. O'Neill reported that the Planning Commission recommended approval of both the conditional use permit requests; however, they recommended denial of the variance requests based on their finding that a hardship had not been established. At the same time, the Planning Commission felt that the zoning ordinance limiting curb cuts to 24 ft wide was particularly restrictive; therefore, they authorized City staff to investigate the possibility of amending the zoning ordinance to allow for wider curb cuts in industrial zones. O'Neill went on to report that in his discussions with the City Planner, he has found that most zoning ordinances include a provision that allow for much wider curb cuts in industrial and commercial zones. Some cities have regulations that allow the City Engineer and Zoning Administrator to establish the proper curb cut width on a case-by-case basis in industrial and commercial areas. Page 3 Council Minutes - 9/13/93 After discussion, a motion was made by Shirley Anderson and seconded by Patty Olsen to approve the conditional use permit requests. Motion carried unanimously. A motion was also made by Shirley Anderson and seconded by Patty Olsen to grant the curb cut variance request based on the finding that the additional width will provide improved ingress and egress for semi -trailer trucks and, thereby, improve traffic flow and associated traffic safety and authorize City staff to investigate options for modifying the zoning ordinance to provide more flexibility in establishing curb cut widths as requested by the Planning Commission. Motion carried unanimously. 7. Consideration of leasing a portion of 5th Street right of way to Sunny Fresh Foods for development of a paved parking area. Assistant Administrator O'Neill reported that in conjunction with development of an upgraded parking area on the east side of the Sunny Fresh facility, Sunny Fresh Foods requests that the City grant permission to include a portion of the 5th Street right-of-way in the parking lot. The dimension of the 5th Street area to be used is approximately 18 ft x 122 ft (2,196 sq ft). In recent months, Sunny Fresh Foods has undertaken a site reorganization and beautification effort. Up to this point, the efforts have included: refurbishing of the lab facility, demolition of a storage building in the area, and other site beautification efforts. Since none of the improvements appear to constitute an expansion of the facility, the City has not required that additional parking be created or that non -conforming parking areas be brought up to code. The parking area proposed for developments is being completed voluntarily by Sunny Fresh and represents an improvement to a lawful non -conforming use. Sunny Fresh Foods has been utilizing the 5th Street right-of-way for some time as a place for spillover parking. Their request now is to formalize this use. They have noted that the City has not objected to the use of this property by Sunny Fresh in the past and, therefore, feel that paving the area will not create problems. The 5th Street right-of-way is owned by the City but is also provided to Burlington Northern by easement for use as a railroad right-of-way. The lot itself will be 24 ft from the railroad tracks, and it does not appear that there will be any conflict between the track and the parking lot. O'Neill went on to note that the terms of the lease as suggested by the City Attorney are as follows: 1. Lease duration should be no longer than one year for the first year and shorter time periods thereafter. Page 4 Council Minutes - 9/13/93 2. No activity at this location would be allowed other than vehicle parking. 3. Insurance would need to be provided by Sunny Fresh naming the City as the third party beneficiary. 4. Any improvements (curb and gutter) become the property of the City. 5. A lease payment amount needs to be established, this amount as determined by City Council. 6. The lease is not permanent; therefore, the 5th Street parking spaces provided cannot be identified as a portion of required parking spaces that may be needed in conjunction with potential future expansions to the Sunny Fresh operation. The City Council reviewed the matter and discussed the appropriate dollar amount for the lease agreement and directed staff to negotiate the lease amount with Sunny Fresh and report back to Council. After discussion, a motion was made by Brad Fyle and seconded by Clint Herbst to enter into a lease agreement with Sunny Fresh Foods which would allow temporary use of a portion of the 5th Street right-of-way for private parking by Sunny Fresh Foods. The City Attorney is directed to prepare the lease agreement accordingly. The cost of the preparation of the lease agreement is to be paid by Sunny Fresh Foods. Lease approval is contingent on establishment of an appropriate lease price or contingent on approval by Burlington Northern. Motion carried unanimously. 8. Review Community United Methodist Church proposal for placement of a 12' x 52' temporary classroom on site. Bill Caldwell, representing United Methodist Church, was in attendance to discuss the church's desire to place a 12' x 52' temporary classroom on the site of the Methodist Church. Caldwell explained that the Methodist Church is in the process of establishing a long-term facilities plan to handle recent and future church growth. The temporary classroom is intended to address the overcrowding problems that the congregation is now facing. Caldwell noted that the existing structure does not have sufficient classroom space, and the temporary structure would be used solely for classroom purposes. Assistant Administrator O'Neill noted that this proposal is in conflict with the city ordinance and, therefore, a formal zoning ordinance amendment would need to be adopted in order for this proposal to go forward. The main problem with the proposal is that the Methodist Church is located in an Page 5 Council Minutes - 9/13/93 industrial zone; therefore, any expansion of the facility or intensification of its use is limited due to the fact that the church is a non -conforming use. In addition, parking on site does not meet code; and in the past, the City has not allowed institutions to expand without providing sufficient parking for the expansion. O'Neill went on to say that this situation is somewhat unique because in this situation, the classroom facility would be temporary in nature; therefore, there may be a way to adjust the ordinance to allow a temporary expansion of a non -conforming use. After discussion, a motion was made by Clint Herbst and seconded by Shirley Anderson to authorize City staff to prepare a zoning ordinance amendment that would address the situation faced by the Methodist Church with regard to their request for a 12' x 52' temporary classroom structure and schedule a public hearing accordingly. Motion carried unanimously. 9. Consideration to authorize Business Development Services, Inc., (BDS, Inc.) to prepare Part II of the State's Economic Recovery Fund Application and to call for a public hearing - H -Window Company finance plan. 011ie Koropchak requested that the Council consider authorizing Business Development Services to prepare Part II of the State's Economic Recovery Fund Application and call for a public hearing, which would be conducted on Monday, September 27, 1993. Koropchak went on to review the finance plans supporting the expansion of the H -Window Company and noted that the plan calls for obtaining $400,000 through the State of Minnesota Economic Recovery Grant Fund. After discussion, a motion was made by Clint Herbst and seconded by Shirley Anderson to authorize BDS, Inc., to prepare Part II of the Economic Recovery Fund Application and call for a public hearing relating to the funding for September 27, 1993. Motion carried unanimously. 10. Consideration of a resolution supporting Wright Count_y's proclamation of Waste Reduction Week, September 27 to October 2, 1993. John Simola reported that at the request of the Wright County Solid Waste Task Force, the Wright County Board of Commissioner's proclaimed the week of September 27 through October 2, 1993, as Waste Reduction Week. Various activities are being planned county wide to give citizens a renewed awareness of the importance of waste reduction and recycling. Simola requested that Council support this activity and consider additional incentives to give our recycling program another shot in the arm. Simola explained that participation in the recycling program has been decreasing. As evidence, he noted that during the month of August, the waste going to the Wright County Compost reached a high of 150 tons. This is the highest Page 6 Council Minutes - 9/13/93 figure that we have had since starting our recycling program. Conversely, the tonnage of recycling items has dropped in August. Only 17.6% of our waste stream was recycled when yard waste products are excluded. Ken Maus noted that as of late, we've been falling short of our recycling goals. We need to do something to rejuvenate the program. Brad Fyle concurred that we need a boost to the program. After discussion, a motion was made by Brad Fyle and seconded by Shirley Anderson to adopt the resolution and direct the Monticello Recycling Committee to develop additional activities for city residents and associated incentives to encourage recycling during the week of September 27 to October 2. Motion carried unanimously. SEE RESOLUTION 93-33. 11. Consideration of a resolution calling for a public hearing for the installation of a pond outlet from Meadow Oaks to the Mississippi River. John Simola noted that City Council has been reviewing the need for the Meadow Oaks pond outlet recently and that perhaps the next step is to adopt a resolution calling for a public hearing on the installation of the outlet. After discussion, it was the consensus of the City Council that further action on development of the pond outlet should be postponed until completion of an overall storm sewer policy. Brad Fyle suggested that the City consider allowing the Meadow Oaks pond to hold more water. Perhaps the outlet could be designed to handle a smaller amount of water. After discussion, a motion was made by Brad Fyle and seconded by Clint Herbst to postpone holding a public hearing for the installation of a pond outlet from Meadow Oaks to the Mississippi River pending development of a city-wide storm sewer assessment policy. Motion carried unanimously. 12. Consideration of a resolution calling for a public hearing for assessments on the Briar Oakes pond outlet --City Proiect 93-10C. John Simola reported that construction of the pond outlet for Briar Oakes is complete with the exception of final restoration and seeding. This will be done in the very near future. The City was able to save $1,600 on the project for the cost of the Oak Ridge contractor by using a local contractor and by purchasing materials ourselves. Simola went on to review the proposed assessment roll. Page 7 Council Minutes - 9/13/93 After discussion, a motion was made by Brad Fyle and seconded by Shirley Anderson to adopt a resolution setting a public hearing on adoption of the assessment roll for Project 93-10C at 7 p.m. on October 25, 1993. Motion carried unanimously. SEE RESOLUTION 93-34. 13. Other Matters A. Clint Herbst brought up the topic of City employee use of comp time. After discussion, it was the consensus of City Council to authorize City staff to research comp time policies adopted by other communities and report to Council accordingly. There being no further discussion, meeting was adjourned. Jeff d , eill Assistant Administrator Page 8