City Council Minutes 09-13-1993 Special
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MINUTES
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 relZular meetinlZ held AUlZUst 23,
1993, and the special meeting- held AUlZUst 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 rCl of the Monticello Zoning-
Ordinance bv chancing the R-l (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 3-
car garages that are better balanced from an architectural standpoint.
O'N eill 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.
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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
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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~trai1er
trucks entering and leaving the loading berth area located on the southerly
side of the structure. O'N eill 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.
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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 rit:!ht 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 20 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.
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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
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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.
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.
Ollie 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 County'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
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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.
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--Citv 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.
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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.
Mter 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.
,ltt VjzJ/)
Jeff eill
Assistant Administrator
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