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City Council Minutes 08-10-1992MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, August 10, 1992 - 7 p.m. Members Present: Ken Maus, Shirley Anderson, Clint Herbst, Brad Fyle, Dan Blonigen Members Absent: None 2. Approval of minutes. After discussion, a motion was made by Dan Blonigen and seconded by Brad Fyle to approve the minutes of the regular meeting held July 27, 1992, as submitted. Motion carried unanimously. 3. Citizens comments/petitions, requests, and complaints. Rick Wolfsteller reviewed a letter submitted by Amanda Siepel which suggested that recycling bins should be placed in city parks and other locations to encourage recycling. It was the consensus of Council to refer this suggestion to the Recycling Committee and submit a letter of thanks to Amanda Siepel for her ideas on ways to encourage recycling. 4. Public Hearing --Consideration of adopting a resolution relating to the modification of the Redevelopment Plan for Redevelopment Project No. 1, the modification of the plans for Tax Increment Districts Nos. 1-1 through 1-13, and the adoption of the Tax Increment Financing (TIF) Plan for TIF District No. 1-14 (Suburban Manufacturing). 011ie Koropchak reviewed the development proposal submitted by Suburban Manufacturing and requested that Council approve a Tax Increment Financing Plan which called for tax increment assistance in the amount of $50,000, which included $29,625 for land costs and $20,375 for site improvements. Koropchak explained that the taxes paid by Suburban Manufacturing will amount to $12,580, and the project will result in an increase of 15 jobs in the community and will add another 8 full-time jobs within two years. Ken Maus then opened the public hearing. There being no comments, the public hearing was closed. 011ie Koropchak reported that the terms and conditions governing the implementation of the TIF Plan were agreed upon by the City Attorney and Brad Barger of Suburban Machine; however, the agreement has not been executed at this time. Brad Fyle stated that he has no problem with the use of tax increment financing to encourage this project. Page 1 Council Minutes - 8/10/92 After discussion, motion was made by Brad Fyle and seconded by Dan Blonigen to adopt the resolution calling for modification of the Redevelopment Plan for Redevelopment Project No. 1, modification of the plans for Tax Increment District Nos. 1-1 through 1-13, and adoption of the Tax Increment Financing Plan for TIF District No. 1-14. Adoption of the resolution is contingent on the execution of the development agreement. Motion carried unanimously. SEE RESOLUTION 92-22. 5. Consideration of approval of final plat of proposed Barger Addition. Assistant Administrator, Jeff O'Neill, informed the Council that the plat appears to meet city requirements; however, the City Engineer has not had a chance to review the plat. Therefore, he requested that it be approved contingent on final review by the City Engineer. O'Neill also noted that he is waiting for input from the City Attorney as to whether or not the City can require removal of the billboard on the property prior to issuance of a building permit. Ken Maus noted that the intent has been to require that land not serve a dual purpose. Maus was concerned that by granting the final plat or by issuing a building permit, the City may compromise its ability to require removal of the sign. After discussion, a motion was made by Shirley Anderson and seconded by Brad Fyle to approve the final plat subject to the following: 1. City Engineer review of easements to determine if they properly match the easements identified on the preliminary plat. 2. Final plat approved if City Attorney determines that granting final plat approval will not compromise the City's ability to enforce the ordinance requiring that the billboard be taken down with the development of a structure on the site. Motion carried unanimously. 6. Consideration of amendments to the Monticello Zoninq Ordinance pertaining to the definition and regulation of home occupations. Assistant Administrator, Jeff O'Neill, informed Council that the Planning Commission conducted a public hearing on this matter and acted to recommend approval of the proposed zoning ordinance amendment. Under the proposed amendment, home Page 2 Council Minutes - 8/10/92 occupations that meet minimum requirements (permitted home occupations) may be allowed through an administrative process. Home occupations that do not operate in a manner completely consistent with the minimum requirements (special home occupations) may be allowed only if it is determined by the Planning Commission and City Council via the public hearing process that the special home occupation operates in a manner that is consistent with the intent of the ordinance. O'Neill went on to review the details of the proposed amendment. Council reviewed the proposed ordinance amendment. After discussion, a motion was made by Shirley Anderson and seconded by Dan Blonigen to modify the language within the proposed zoning ordinance amendment providing City staff with the authority to determine whether or not a public hearing would be required for reissuance of a special home occupation permit. Voting in favor of the motion: Shirley Anderson, Dan Blonigen, Ken Maus, Brad Fyle. Opposed: Clint Herbst. Assistant Administrator O'Neill requested direction from Council with regard to enforcement of the home occupation ordinance. It was the consensus of Council that enforcement should be primarily based on problems created by home occupations and complaints relating thereto. After discussion, a motion was made by Shirley Anderson and seconded by Dan Blonigen to approve the proposed zoning ordinance amendments based on the finding that the proposed zoning ordinance amendments will contribute toward maintaining the residential character of areas in which home occupations are conducted while provide a tool allowing limited, controlled commercial use of residential property. The ordinance will benefit the City by providing a mechanism for allowing home occupations to exist that operate in a manner transparent to the neighborhood but do not precisely meet the general provisions of the ordinance. Voting in favor of the motion: Shirley Anderson, Dan Blonigen, Brad Fyle, Ken Maus. Opposed: Clint Herbst. Clint Herbst stated that it was his view that the present ordinance was sufficient to cover home occupations and business should be located in commercial districts. SEE ORDINANCE AMENDMENT NOS. 231 AND 232. Page 3 Council Minutes - 8/10/92 7. Consideration of a special home occupation permit request which would allow persons other than a resident to conduct a home occupation. The applicant is a tour operator for high school music festivals. Applicant, Dave and Joan Thielman. Assistant Administrator, Jeff O'Neill, explained that under the provision in the zoning ordinance amendment allowing persons other than a resident to conduct a home occupation, the applicant must satisfactorily prove unusual or unique conditions where there is a need for non-resident assistance and that this exception would not compromise the intent of the regulations governing home occupations. O'Neill went on to review the Thielman proposal. He noted that the Thielmans have withdrawn their proposal to develop a rock driveway for the employee parking apart from the regular parking area in front of the garage. Thielmans have also agreed to the concept of having only one vehicle parked in the driveway at any one time associated with the home occupation. After discussion, a motion was made by Brad Fyle and seconded by Dan Blonigen to grant a special home occupation permit which would allow persons other than the resident to operate the home occupation subject to the following conditions: 1. No more than one vehicle associated with the home occupation can be parked on site at any one time. 2. No on -street parking is allowed. 3. All parking on site must meet the requirements of city ordinance, which includes parking to be conducted in the driveway area only. 4. No more than two employees to be allowed to work at the site at any given time. Motion to approve the special home occupation permit is based on the finding that the proposed home occupation is unique, and allowing the presence of employees at the site is consistent with the intent of the ordinance because, under the Thielman proposal, employees do not come and go as part of the business operation and no client or retail travel of any kind is generated by the home occupation activity; therefore, the home occupation will be transparent to the neighborhood. Voting in favor of the motion: Dan Blonigen, Shirley Anderson, Brad Fyle, Ken Maus. Opposed: Clint Herbst. Page 4 Council Minutes - 8/10/92 8. Consideration of a conditional use request to allow 13 or more dwelling units in 2 apartment buildings on an unplatted tract of land. Applicant, David Hornig. Assistant Administrator, Jeff O'Neill, reviewed the site plan which called for development of 15 three-bedroom apartment units on 1.64 acres of land located directly across from the Monticello Kmart. O'Neill also noted that included in the request for a conditional use permit is a request to draw new boundary lines between the proposed site and the parcel containing apartment units to the north of the property that will be the site of the new development. O'Neill reviewed the requirements of the city ordinance and noted that the proposal meets all requirements except for a side yard setback requirement. O'Neill stated that Hornig will be requesting a variance to this requirement at an upcoming meeting of the Planning Commission. O'Neill also explained that the area containing standing water and cattails on the site, although small, does qualify as a wetland according to the Wetland Conservation Act of 1991. This area is only 3,000 sq ft. However, it meets the definition of a wetland and, therefore, the wetland must be maintained on site or an area not already a wetland in the city must be identified as such and developed as a wetland at some point in the future. City Engineer, Bret Weiss, noted that some communities are identifying future storm ponding areas as wetland replacement areas. In this case, since it is such a small wetland, it may make sense for the City to allow a portion of a future storm water ponding area to be dedicated as a wetland area. Shirley Anderson wondered if apartment units are overbuilt in the community and was concerned that the additional units would increase current vacancy rates. Gary Anderson noted that currently in town there are 500 apartment units. An increase of 15 units will not have a significant impact. In addition, the apartment units are three-bedroom units, which are very unique in Monticello and will be satisfying a specific demand. Assistant Administrator O'Neill noted that the property is properly zoned for this type of use and there is probably insufficient cause to legally deny the conditional use permit; however, conditions can be placed against the project that will mitigate impacts on adjoining properties. Page 5 Council Minutes - 8/10/92 After discussion, a motion was made by Brad Fyle and seconded by Clint Herbst to approve the conditional use permit allowing construction of a multi -family development in a PZM (performance zone mixed) zone based on the finding that the conditional use permit and site plan are consistent with requirements of the zoning ordinance and will not depreciate the area in which it's located. It is consistent with the comprehensive plan and consistent with the geography and character of the area. Motion to approve the conditional use permit request is subject to: 1. Developer obtaining a variance of 10 ft to the rear yard setback requirement or developer amending the site plan to conform with setback requirements. 2. Grading and drainage plan must be approved by the City Engineer. Motion includes approval of a plan to mitigate the wetland lost with the development by constructing a wetland of equal size as part of a future storm water improvement project. Utilizing a city storm sewer project for replacement of a wetland is allowable in this case due to the fact that the wetland was determined insignificant in size and no feasible alternative exists for maintaining the wetland on site. Motion carried unanimously. 9. Consideration of a request for an ordinance amendment to the _PZM (performance zone mixed) zone to allow as a conditional use an automotive/light truck oil change/lube facility. Applicant, Gerald Hoglund. Consideration of a request for a conditional use permit allowing operation of an automotive/light truck oil change/lube facility in a PZM (performance zone mixed) zone. Applicant, Gerald Hoglund. No action was taken on this item, as the applicant withdrew the zoning ordinance amendment and conditional use permit requests. 10. Consideration of a conditional use request to allow a sign system for a building to be considered as a shopping center or a shopping mall. Applicant, Barry Fluth. Gary Anderson reviewed the sign plan proposed by Barry Fluth in conjunction with the Monticello Mall operation. Anderson noted that the sign system as proposed meets the requirements of the zoning ordinance. Page 6 Council Minutes - 8/10/92 After discussion, a motion was made by Clint Herbst and seconded by Dan Blonigen to approve the conditional use request to allow the sign system as proposed for the Monticello Mall. Motion carried unanimously. 11. Review of six month liquor store financial statement. Rick Wolfsteller reported that the operation appears to be in line with expectations, with total sales up $49,000 over the same period last year to $685,498. Gross profit from these sales totaled $159,582, which is a $13,380 increase over the same period last year. Wolfsteller went on to note that the operating expenses have also increased due to additional salaries for the Assistant Manager and due to comparable worth adjustments for all employees, which has resulted in a net income that is $4,000 lower than last year. Wolfsteller went on to request that the Council grant authorization to do minor remodeling in the storeroom of the liquor store by constructing additional shelving and installation of a base cabinet and sink area. Estimated cost of the shelving and sink along with plumbing necessary to accommodate these improvements would be approximately $2,500. After discussion, a motion was made by Shirley Anderson and seconded by Dan Blonigen to accept the financial report as presented and authorize expenditure of approximately $2,500 for storage room improvements. Motion carried unanimously. 12. Consideration of appointing judges for the 1992 primary and general elections. Rick Wolfsteller reported that it is estimated that we will need between 16 and 20 election judges based on prior years' turnout. Wolfsteller recommended that all 20 individuals listed be appointed as election judges even though at this time they have not indicated whether or not they will be able to serve. Shirley Anderson requested that the list be updated to include people that may have been dropped from the list earlier due to the fact that they were not able to serve at a previous election. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to approve the individuals as listed with the addition of individuals that may have been taken off the list because they were unable to serve at a previous election. Motion carried unanimously. Page 7 13. 14. Council Minutes - 8/10/92 The following individuals are included on the list of election judges: Walter Lusti Burnett Christopherson Kay Gauthier Betty Lund Florence Mayer Leona Kline Shirley Maus Mary Bray Kevin Tvedt Gloria Gasser Betty Grossnickle Ruth Harstad Yvonne Smith Marie Toenjes Rosemary Dahl Jeanette Host Joanne Link Lucille Clausen Rita Soltau Robert Nelson Robert Rohland Marvel Trunnel Opal Stokes Consideration of proposals for demolition of the old public restrooms at 201 Pine Street. John Simola, in his memo, reported that the staff has developed plans and specifications for the demolition of the public restrooms near the Chamber building at 201 Pine Street. Two bids have been received on this project, one from Veit and Company and the other from Schluender Construction. The lowest bid was submitted by Schluender Construction in the amount of $1,800. The bid from Veit and Company totaled $3,619. Simola recommended that the wall exposed by the removal of the restrooms be refinished with stucco to match the Chamber building. City Council also reviewed the landscaping plan recommended by the Parks Commission and made no changes to the proposed plan. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to award the demolition project to Schluender Construction for $1,800 and award the stucco work to Progressive Stucco of Big Lake in the amount of $2,622 and authorize the city public works department to complete the landscaping plan as proposed. Motion carried unanimously. Consideration of establishing city requirements for sanitary sewer hookup of East and West Kjellbergs Mobile Home Parks. Rick Wolfsteller reported that the Minnesota Pollution Control Agency has stepped up their efforts in resolving the Kjellbergs East and West sewage disposal system violations and is attempting to require Kjellbergs to connect their east and west parks to the city sanitary sewer system. Wolfsteller requested that City Council review its position with regard to Page 8 15. Council Minutes - 8/10/92 annexation, sewer hookup fees, and trunk charge fees, and review the current policy for providing garbage pickup service as it relates to mobile home parks. Kirk Kjellberg was present to express his view that Kjellbergs Mobile Home Park provides many of the services to its residents that would otherwise be provided by the City. He noted that the mobile home park provides its own street maintenance and internal sewer and water systems. It was Kjellberg's view that the mobile home park should be entitled to the same services such as garbage pickup that other mobile home parks in the city enjoy. After discussion, it was the general opinion of the Council to maintain the existing policies associated with connecting new developments to City of Monticello services and that annexation would be acceptable with the requirement that the mobile home park be hooked up prior to annexation and that all fees associated with providing services to the mobile home park remain consistent with present city policies. Staff was instructed to present a formal policy for Council review at the next meeting. No action was taken with regard to the current city policies relating to garbage pickup. Consideration of authorizing soil investigation of Gille property. City staff informed Council that quotes have been received on the cost to investigate soil pollution problems at the Gille property. In addition, surface cleanup of public nuisance items on the site can occur at any time, as all proper notices have been filed. Cleanup of the site will cost approximately $8,000. Staff informed Council that it was their understanding that it appears that the cost to clean up the site can be levied against the property as a special assessment; therefore, when the property is finally sold to a developer, the City may likely be able to recover the cost of the cleanup. After discussion, a motion was made by Brad Fyle and seconded by Ken Maus to authorize City staff to enforce the public nuisance ordinance through removal and cleanup of debris at the Gille property. Voting in favor of the motion: Brad Fyle, Ken Maus. Opposed: Shirley Anderson, Dan Blonigen, Clint Herbst. It was the majority opinion that cleanup could be delayed until after a method for recovering cleanup cost is completely secured. Page 9 Council Minutes - 8/10/92 16. Consideration of City Assessor applicants. Administrator Wolfsteller informed Council that six individuals had applied for the City Assessor position and that four appeared qualified. Council consensus was to have the Administrator conduct interviews, check references, and provide Council with a recommendation for the next meeting. There being no further business, the meeting was adjourned. Jef f O'Neill Assistant Administrator Page 10