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City Council Minutes 06-12-1978MONTICELLO CITY COUNCIL REGULAR MEETING June 12, 1978 - 7:30 P.M. Members present: C. 0. Johnson, D. Blonigen, A. Grimsmo, P. White. Members absent: Gene Walters 1. Consideration of Adoption of Assessment Polio'. A revised draft of the proposed Assessment Policy and the proposed Subdivision Ordinance changes was reviewed by the City Council. The revised drafts, prepared by Springsted, Inc., fiscal consultants for the City, incorporated the revisions recommended by the City Council at the previous Council meeting held May 22, 1978. Some of the changes made in the revised Assessment Policy included the follow- ing: A. Each unit parcel assessment for a residential lot would be based on the City's minimum lot size requirements of 80 feet. B. Lateral assessments against property zoned and/or currently used at the time of installation as multiple family residential shall be determined on the basis of 75% of a single family residential equivalent unit or on a front footage basis as determined by the Council. C. Storm sewer shall be assessed 100% against the benefitting property, whether or not the services are made immediately available. Future extensions of storm sewer improvements may result in additional assessments for areas that were previously assessed. D. When a lift station is determined to be of general or partial bene- fit to the City, it should be paid for wholly or partially through sewer user charges, rather than ad valorem taxes. E. Street improvement assessments should be based over a ten-year period, rather than 20 -years. F. A developer of a new subdivision would be required to deposit with the City a minimum of 25% of the proposed improvement cost before construction would take place. A motion was made by Arve Grimsmo, seconded by Dan Blonigen and unanimously carried to adopt the assessment policy as presented along with the proposed subdivision ordinance changes regarding assessments. (See Supplement 6/12/78 #1.) 6/12/78 2. Public Hearing - Proposed 197$ Improvement Projects. A public hearing was held for the following proposed improvements: (A) Extension of Curb, Gutter and Permanent Street Improvements from the intersection of 6th and Pine Streets to 6th and Cedar Streets. (B) Extension of Sanitary Sewer, Permanent Street Improvements subdivisions: Sandberg South Plat Riverside Plat Country Club Manor Plat Kampa Estates Plat Watermain, Storm Sewer, Curb, Gutter, and along all streets within the following (C) Extensions of Sanitary Sewer, Storm Sewer, Curb, Gutter and Permanent Street Improvements through Lauring Hillside Addition from the inter- section of 7th and Cedar to Washington and 7th Street along Lauring Lane. (D) Extensions of Sanitary Sewer, Storm Sewer, Watermain, Curb, Gutter and Permanent Street Improvements through all streets within Holker Hillside Addition. (E) Extension of Watermain and Bituminous Surfacing on Chelsea Road from Lot 4, Block 2, Oakwood Industrial Park east to Lot 5, ;Block 21 Oakwood Industrial Park. (F) Extension of Sewer and Water from a point on Golf Course Road (West County Road #39) approximately 950 feet west of the intersection of Golf Course Road and Elm Street to and along portions of Golf Course Road to the Interstate 94 overpass. Regarding item (A) listed above, only street improvements were originally requested for this area. John Badalich, City Engineer, recommended that since sewer could not be installed in this street at the present time to serve the property abutting 6th Street, it was recommended that this improvement not be completed until a future interceptor sewer line was installed through the area. A motion was then made by Phil White, seconded by Dan Blonigen and unanimously carried to deny this street improvement request. Regarding extension item (B), a motion was made by Phil White, seconded by Dan Blonigen and unanimously carried to approve the extension of Sewer, Water, Storm Sewer, Curb and Gutter and Permanent Street Improvements along all streets within the following subdivisions: Sandberg South Plat Riverside Plat Country Club Manor Plat Kampa Estates Plat - 2 - 6/12/78 In regards to item (C), Mr. Roy Lauring had petitioned only for sewer to be extended through his Lauring Hillside Addition. Mr. John Badalich,City Engineer, recommended that along with sewer extension permanent streets, curb and gutter and storm sewer facilities should be constructed at the same time. Mr. Lauring was informed that without permanent streets or curb and gutter building permits would not be issued on those lots in the Hillside development until such improvements were installed. Mr. Badalich also reminded the Council that the City Ordinances do require all utilities to be installed, including streets, as part of the Subdivision requirements. A motion was made by Phil White, seconded by Dan Blonigen to approve the extension of sewer only through the Hillside Addition. Voting in favor: Blonigen and White. Opposed: Grimsmo and Johnson. Because of the tie vote, the extension was denied. (D) Extensions of Sewer, Storm Sewer, Water, Curb and Gutter and Permanent Streets through the Holker Hillside Addition was approved on a motion made by Grimsmo, seconded by Blonigen and unanimously carried. Item (E) extension of Watermain and Bituminous Surfacing on Chelsea Road from Lot 4, Block 21 Oakwood Industrial Park to the east of Lot 5, Block 2, Oakwood Industrial Park was approved on a motion by Phil White, seconded by Arve Grimsmo and unanimously carried. Item (F) Phil White made a motion, seconded by Arve Grimsmo and unanimously carried to approve the extension of Sewer and Water along Golf Course Road with the exception of the Lloyd Grossnickle property, and the Monticello Country Club. Motion was made by Phil White, seconded by Dan Blonigen and unanimously carried to adopt a resolution ordering preparation of plans and specifica— tions for the 1978-1 Improvement Project as approved. (Resolution #1-97$-10) 3. Public Hearing — Variance Request on Sideyard Setback — Ron Peters. Mr. Ron Peters requested a variance to build a garage up to the lot line of his property at 503 West 6th Street. Mr. Peters has indicated that he would like to place the garage as far as possible to the side of his lot to allow room for a patio between his house and the garage at a later date. Mr. Peters has obtained letters from both of his abutting neighbors indicating they have no objections to his request. The Planning Commission unanimously approved the variance request at their last meeting, provided the drip line of the garage was on his property. Motion was made by Grimsmo, seconded by Blonigen and unanimously carried to approve the variance request provided the drip line remained on his property. - 3 - 6/12/78 4. Consideration of Ordinance Amendment, Conditional Use Permit, and Buil Permit Request for a Tom Thumb Superette - James Refrigeration. Mr. Charles James applied for a Conditional Use Permit to build a convenience food store and self-service gas station on the Southeast corner of the inter- section of State Highway #25 and Oakwood Drive. This area is currently zoned Highway Business and in order to allow such a use an Ordinance Amendment would be necessary to allow a motor fuel station/ convenience food store. The present City Ordinances allow a fuel station as a conditional use within a B-3, but it would be necessary to clarify the Ordinance by adding the wording motor fuel station/convenience food store as a conditional use. Mr. James proposed to build a 3,571 square foot store that would be constructed of concrete block with a Cedar Shake roof. The convenience store would have one self-service island for gasoline and would be open from 7:00 A.M. until 11:00 P.M. daily. The plans have been submitted to the building inspector and planning commission and both parties have recommended approval of the permit contingent upon the completion of drainage and landscaping plans. Hearing no opposition regarding the conditional use permit or the ordinance amendment, a motion was made by Blonigen, seconded by White and unanimously carried to approve an ordinance amendment providing for a motor fuel station/ convenience store and a conditional use permit and building permit to Mr. Charles James for a Tom Thumb Superette. (See Ordinance Amendment 8--25-75 #52) . 5. Consideration of Zoning Ordinance District Amendments. As part of the review of the Revised Comprehensive Plan and the resulting zoning ordinance district amendments, the following two areas were scheduled for further review by the Planning Commission and City Council: Area 1 - Approximately 120 acres located between County Highway #75 and Interstate Highway #94, north of Prairie Road, from R-1 (Single Family Residential) to I-2 (Light Industrial). Area 2 - Lots 1 through 10, Block 30, and Lots 1 through 5, Block 37, from B-4 (Regional Business) to R -B (Resi- dential Business) or R-2 (Single and Two -Family Residential). Various testimony has been received at a previous meeting from the surrounding property owners in the Hillcrest area objecting to the rezoning of Area 1 from R-1 (Single Family Residential) to I-2 (Light Industrial). However, various individuals did support the rezoning of this area to Light Industrial due to the fact that a current Light Industry (Electro Industries) is located in this area along with the salvage yard currently operated by Edgar Klucas. - 4- 6/12/78 The Planning Commission initially recommended that the entire area be rezoned to Light Industrial, and after a second review, they again felt the area should be rezoned to Light Industrial. Their recommendations were based on the following: A. The Electro Industries Property was originally zoned to Light Industrial based on the premise that the surrounding area would also be zoned to Light Industrial. B. The Planning Commission felt that the County Highway #75 and the adjacent railroad tracks would provide a sufficient buffer zone from the Single Family Residential Zoning to the proposed Industrial zoning. C. It was noted that recent residential development has occurred next to the area proposed for rezoning to Light Industrial and none of the developers have expressed any objections to the proposed rezoning to Light Industrial. D. It was felt that the area right now is more of an industrial nature due to the Electro Industries property and the salvage yard. Based on the recommendations of the Planning Commission, a motion was made by Arve Grimsmo, seconded by C. Johnson to approve the rezoning of Area 1 from R-1 (Single Family Residential) to I-1 (Light Industrial). Voting in favor: Grimsmo, Johnson Opposed: Blonigen and White. Motion died as 4/51s vote of the Council is needed for rezoning approval. Regarding the rezoning of Lots 1 through 10, Block 30 and Lots 1 through 5, Block 37 from B-4 (Regional Business) to R -B (Residential Business) or R-2 (Single and Two -Family Residential), the following testimony was received: Mr. George Kirscht, property owner in Block 30, presented a petition signed by all of the owners of property in Block 30, asking that the entire Block be rezoned from B-4 to R-2 rather than Residential Business. Mr. Kirscht also indicated that since Mr. Leo Stokes, property owner in Block 37, currently uses his property for commercial uses, that Lots 1 through 5 could be zoned Residential Business. Mr. McKinnon, a property owner in Block 30, felt that the neighborhood has always been residential and is now used entirely as residential should be rezoned from commercial to R-2. Mr. Leo Stokes, a property owner in Block 37, indicated he was definitely against R-1 or R-2 zoning, but felt that he could live with an R -B zoning for his property. Babe Clausen, owner of the Dairy Store in Block 37, felt that the entire Block should remain zoned B-4 (Regional Business) to facilitate future business expansion in the area. - 5 - 6/12/78 After hearing the testimony from the property owners involved, a motion was made by Grimsmo, seconded by Blonigen and unanimously carried to approve the rezoning of the South half of Block 37 from B-4 (Regional Business) to R -B (Residential Business) and rezone the entire Block 30 from B-4 (Regional Business) to R-2 (Single and Two -Family Residential) 6. Consideration of Conditional Use Permit for a Three -Family Dwelling Unit - Leo Nel son. Mr. Leo Nelson requested a conditional use permit to build a tri-plex apartment on the Northwest corner of lith and Wright Streets in Monticello. Since this area is currently zoned as R-2, a conditional use permit was required. The dwelling would consist of two one -bedroom units and one two-bedroom unit situated on two 66' x 165' lots. Additionally, Mr. Nelson's pro- posed tri-plex would include one covered garage space for each unit and would appear to meet all provisions of the city ordinances. Hearing no objections, Blonigen made a motion, seconded by White and unanimously carried to approve the conditional use permit. 7. Consideration of Approval of Preliminary Plat for Commercial Plazal 25 Sam Peraro. Mr. Sam Peraro proposed a 4 acre Commercial development plat consisting of five lots located just South of the Glass Hut on State Highway #25. The preliminary plat had been reviewed by the City Engineer and the City Planning Commission. The Planning Commission recommended approval of the preliminary plat contingent upon the Engineer's recommendations being carried out regarding a soil survey. The lots in the plat range in size from 29,240 square feet, to 42,000 square feet. These lot sizes are less than the minimum requirement of 22 acres for a lot without City sewer and water; however, Mr. Peraro has petitioned the City to extend sewer and water to the area. Since one of the lots in the plat already will be used by the Monticello Pet Clinic and would have less than the 22 acre minimum requirement, a variance would have to be granted for allowing these lots to be developed without sewer and water. A motion was made by Phil White, seconded by Dan Blonigen and unanimously carried to approve the preliminary plat as presented, along with a variance for all five lots from the 22 acre minimum requirement for lots without city sewer and water. 8. Public Hearing - Variance Request from 22 Acre Minimum Lot Size Without City Sewer and Water and Conditional Use and Building Permit Request - Automatic Garage Door Company, Inc. The Automatic Garage Door Company manufacturers of overhead garage doors, were proposing to build a 9,000 square foot combination warehouse/office space in the Commercial Plaza 25 Plat. - 6 - 6/12/78 Since a final plat has not been presented and approved by the City Council on this Commercial Plaza 25 Plat, any approval of the building permit would be contingent upon approval of a final plat. A conditional use permit was also requested to allow a warehouse for storage contained entirely within a building. Additionally, since this building is proposed to be on a 38,000 square foot lot, a variance was requested from the City's requirement that each building lot without city sewer and water be of at least � acres. Hearing no objections, a motion was made by P. White, seconded by D. Blonigen and unanimously carried to approve the conditional use permit for the Automatic Garage Door Company along with the building permit and 22 acre requirement variance for the 9,000 square foot building. It was noted that once sewer and water becomes available to this property, the current city ordinance requiring hookup to City utilities would be enforced. Additionally, the building permit would not be issued until final plat has been approved by the City Council. 9. Consideration of BuildinZ Permits for River Terrace Park, Marn Flicker, and Wrightco Products. A. The River Terrace Trailer Park requested a building permit to add a 14' x 32' addition to their recreation game room. Motion was made by Blonigen, seconded by Grimsmo and unanimously carried to approve this building permit. B. Marn Flicker requested a building permit to construct a 1,000 square foot concrete block building on the former Fullerton Lumberyard site. Mr. Flicker has indicated that he will be removing the storage building that is furthest west of Highway 25 and will be utilizing the first storage building as an accessory use to his new building. Mr. Flicker intends to build the new appliance store on the North portion of the former Fullerton site with the South portion, or that abutting the intersection of Highway #25 and 3rd Street, will be held for future sale. The building plans indicate that 18 parking spaces of the 27 spaces required will be provided on the site. Since Mr. Flicker is currently being assessed for 23 spaces under the 1973 Parking Lot Improvement Project, there is actually an excess of 14 parking spaces that will be sold with the South portion of the lot. Mot -ion was made by P. White, seconded by A. Grimsmo and unanimously carried to approve the building permit for Marn Flicker's appliance store. C. Wrightco Products, Inc. requested a building permit for a 3,900 square foot steel cold storage building. Provisions for parking appear adequate and plans have been approved by the Planning Commission and the Building Inspector. This new building will be situated behind the weigh scale and the parking ramp will be sloped towards the building with a graded ramp, and therefore, - 7 - 6/12/78 it will be impossible for trucks to pull in off of Locust Street into the weigh scale and turn around on the Wrightco Products property. As a result, Jim Ridgeway, Wrightco Products President, requested that an additional access opening to the weigh scale be considered for easier access and egress from the weigh scale. The Council requested that the Public Works Director work with Wrightco Products regarding the second access to insure that traffic leaving the scale would have to travel West along lith Street by placing some type of post at the exit of the weigh scale access. It was hoped that the trucks would be prohibited from making a U—turn on lith Street. Motion was made by Phil White, seconded by Dan Blonigen and unanimously carried to approve the building permit request for a warehouse addition by Wrightco Products. 10. Consideration of Extension of Variance for Overhanging, .for Monticello Ford, Inc. A variance was previously granted by the City Council to Monticello Ford to allow two signs to project over the public right—of—way up to June 30, 1978. Monticello Ford requested that the variance be extended to August 31, 1978 to allow the completion of their new building. Motion was made by P. White, seconded by A. Grimsmo to approve the overhanging sign variance request until August 31, 1978. Voting in favor: White, Grimsmo, Johnson Opposed: Dan Blonigen. Motion carried. 11. Consideration of Approval of Tem ora On—Sale Malt Liquor License — Lions Club. Monticello Lions Club requested a temporary license to sell 3.2 beer on the lath of July as part of the Independence Day celebration. This celebration takes place in the Bridge Park and a license was approved last year by the City Council for this same event for the Lions Club. Motion was made by D. Blonigen, seconded by P. White and unanimously carried to approve the temporary one—day beer license to the Lions Club. 12. Request of Change of Lot Line — HenEZ Doerr. Henry Doerr requested to move a lot line in his subdivision to change a lot size from 1101 in width to 96, in width and widen the abutting lot from 80' to 94t. By moving these two lot lines, Mr. Doerr will be able to have two lots of approximately the same size. According to the City ordinances, a certificate of survey would be required along with any park dedication unless waived by the City Council. Since these two lots were previously in Doerr Estates and Roden Acres, subdivisions which previously have dedicated parkland to the City, the recommendation of the Planning Commission was to waive the park dedication requirements in this case. 6/12/78 Motion was made by Blonigen, seconded by Grimsmo and unanimously carried to approve this change in lot lines. 13-`d Consideration of Ratification of Contract with International Union of Operating Engineers Local #49, AFL-CIO. The City's union committee, consisting of Councilmen Arve Grimsmo and Gene Walters, has had several negotiating sessions along with the Attorney, Mike O'Connor, and City Administrator, Gary Wieber, with the Local #49 and Union Steward, relative to the above contract. The former contract expired on March 31, 1978, and a new contract has been voted upon and approved by the Union membership which will run for a two-year period of time starting April 1, 1978, until March 31, 1980. The following wage scales have been recommended for approval as follows: April 1, 1978 top rate would be $5.90 per hour April 1, 1979 rate would go to $6.30 per hour The total package for the two-year period of time including the increase in insurance and wage benefits amounts to 16.37 over the two-year period of time. Motion was made by P. White, seconded by D. Blonigen and unanimously carried to approve the ratification of the contract with the I.U.O.E. Local #49. (See Supplement 6-12-78 #2). 14.` Consideration of Approval of Final Payment - General Contractor - City Hall Improvement Project. The Architectural Alliance, architect for the new City Hall, recommended final payment to the general contractor, Henry 0. Mikkelson & Company, be approved. In addition to the final payment, a change order in the amount of $441.00 relative to the unused portion of the sign allowance be deducted from the final payment. Motion was made by A. Grimsmo, seconded by P. White and unanimously carried to approve change order #3 resulting in a reduction of $441.00 and a final payment in the amount of $17,313.00 on the City Hall Contract. 15. Consideration of Requiring Only City Council Approval for Building Permits Other Than Single Family Residences. Current Monticello Ordinances require that all building permits other than a single family residence be approved by the Planning Commission and the City Council. Oftentimes, this presents a problem, since the Planning Commission only meets once a month and an individual or business may come in after the Planning Commission meeting and it may take five to six weeks to get approval for their building permit. The Planning Commission, at their last meeting, recommended that building permits not be required to go before the Planning Commission if there wasn't a variance or rezoning request being made. — 9 — 6/12/78 Since the City has adopted a good set of zoning ordinances and now has a fulltime building inspector on staff, a motion was made by C. Johnson, seconded by D. Blonigen and unanimously carried to eliminate the requirement of Planning Commission and Council approval for all building permits unless the requested permit also requires other variances, conditional uses or rezoning questions. Building permit requests may be brought to the Council and Planning Commission for review if deemed necessary by the building inspector. (See Ordinance Amendment 8--25-75 #53). 16. Interchange 94 Lighting System - East Side of Monticello. Mr. Ed McCulloch, with the Brainerd office of the State Highway Department, has indicated that the State Highway Department will be lighting the interchange on the East Side of Monticello on Interstate 94 sometime in the Spring or Summer of 1979. Mr. McCulloch requested that the City Council discuss whether the City would be interested in bringing the lighting system from the Interstate into the downtown area along County Road #75. Since the Lighting of County Road #75 does not appear feasible at this time, motion was made by P. White, seconded by D. Blonigen and unanimously carried to not consider such an improvement at this time. 17. Consideration of Building Permit Request - Northem States Power . N.S.P. requested a building permit to construct a 12,000 square foot office complex at the Nuclear Plant at Monticello. The plans for the building have been submitted to the building inspector and approved by the Planning Commission. Motion was made by D. Blonigen, seconded by P. White and unanimously carried to approve the issuance of a building permit to N.S.P. 18. Approval of Minutes. Motion was made by A. Grimsmo, seconded by P. White and unanimously carried to approve the Minutes of May 22, 1978 as presented. 19. Consideration of Hiring a Public Works Department Replacement. By council consensus, the Public Works Director was authorized to advertise for a person to replace Brian Meier, of the Public Works Department, who will be resigning effective June 16, 1978. Meeting adjourned. d �l Richard Wolfstp#ller Assistant AdmInistrator RW/ns - 10 -