City Council Minutes 03-14-1994MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, March 14, 1994 - 7 p.m.
Members Present: Ken Maus, Shirley Anderson, Brad Fyle, Clint Herbst, Patty Olsen
Members Absent: None
2. Consideration of a roval of minutes of the re ular meetin held Februar ~8 1994.
After discussion, a motion was made by Clint Herbst and seconded by Shirley
Anderson to approve the meeting minutes as submitted. Motion carried
unanimously.
4. Public Hearing--Consideration of adopting resolution relating to the modification b
the Housin and Redevelo ment Authorit of the Redevelo ment Plan for
Redevelo ment Project No. 1 the modification of the laps for Tax Increment
Financin Districts No. 1-1 throu h 1-15 and the establishment of Tax Increment
Financin District No. 1-16 and ado tion of its lan Pol cast Manufacturin Inca
Mayor Maus opened the public hearing.
Economic Development Director Ollie Korapchak described the plan for TIF District
1-16, which has been established to support the development of the Polycast
Manufacturing facility. In her report, she noted that the TTF plan calls for land
acquisition in the amount of $55,000; administration and professional services,
$15,000; capitalized interest, $8,365; and discount, $1,635; which results in a total
budget amount of $80,000. Koropchak went on to outline the development obligations
of the Schultz properties with regard to construction requirements. Under the
development agreement, Polycast will be constructing a 16,640 sq ft af£ice
manufacturing facility. It will be completed in 1994 and fully assessable on January
2, 1995. The minimum estimated market value of the structure has been agreed
upon and must equal $400,000.
Mayor Maus closed the public hearing.
After discussion, a motion was made by Shirley Anderson and seconded by Brad Fyle
to adopt the resolution relating to modification by the HRA of the Redevelopment
Plan relating to Redevelopment Project No. 1, modification of the TIF plans relating
to TIF Districts 1-1 through 1-15, and the establishment of TIF District No. 1-16, all
located within Redevelopment Project No. 1, and the approval of the TIF plans
relating thereto. Motion carried unanimously. SEE RESOLUTION 94-$.
5. Public hearin an ro osed increases in retail license fees for non-intaxicatin and
intoxicating liquor licenses.
City Administrator Rick Wolfsteller reported that it's been four years since the City's
licenses pertaining to beer, wine, on-sale, and of£ sale liquor have been adjusted. The
Page 1
Council Minutes - 3/14/94
last time the fees were increased was in 1990. It was recommended at that time that
the City consider more frequent adjustments in smaller amounts rather than waiting
long periods and then requesting larger increases. Wolfsteller went on to review
Monticello's fees as compared to other communities.
Mayor Maus opened the public hearing.
Patty Olsen noted that the fees charged by Monticello appear to be average as
compared to what other cities charge; therefore, she did not see a big reason to
support an increase. Ken Maus noted that he would support allowing the fees to
remain the same under the condition that the fee structure is reviewed annually.
Councilmember Anderson stated that the City should require small increases and
that it would be reasonable to require a small increase at this time.
Mayor Maus closed the public hearing.
After discussion, a motion was made by Brad Fyle and seconded by Patty Olsen to
make no changes to the current retail license fees for non-intoxicating and
intoxicating liquor licenses. Voting in favor of the motion: Brad Fyle, Patty Olsen,
Ken Maus. Opposed: Clint Herbst, Shirley Anderson.
6. Public hearin for the issuance of on-sale li uor license for a restaurant in the Sixth
Street Annex mall.
Rick Wolfsteller, City Administrator, reported that prior to issuing an on-sale liquor
license, the City Council is required to hold a public heaving to receive input from the
public concerning any license application. Wolfsteller went on to note that he had
Wright County Sheriffs Department conduct a background investigation on the
proprietor. The background check was pasitive. There is nothing in the applicant's
background that indicates we should consider denial of this request.
Wolfsteller mentioned that the proposal to allow on-sale liquor sales at this location
meets the minimum requirements of our ordinance. He noted, however, that there
appears to be an inconsistency in our ordinance in that an establishment holding a
3.2 beer license requires a 1,000 ft separation from the nearest church, whereas an
establishment holding a liquor license does not require such a wide separation.
Wolfsteller mentioned that perhaps the ordinance needs to be reviewed closely for
inconsistencies that could have been created through piecemeal updates of the
ordinance over time.
Shirley Anderson requested that the City Administrator thoroughly review the
ordinance and submit revisions for Council review if necessary.
There being no comments from the public regarding the issuance of the on-sale liquor
license far a restaurant in the Sixth Street Annex mall, the public hearing was closed.
Page 2
Council Minutes - 3/14/94
A motion was made by Brad Fyle and seconded by Shirley Anderson to grant
approval of the issuance of an on-sale license to Mr, John Purmort for his restaurant
in the Sixth Street Annex mall, Motion carried unanimously.
7. Consideration of conf"rrmin 1994 Board of Review date and acce tance of Assessor's
summary. report.
After discussion, a motion was made by Shirley Anderson and seconded by Clint
Herbst to accept the Assessor's summary report and schedule the Board of Review
meeting for Thursday, May 5, at 7 p.m. Motion carried unanimously.
8. Consideration of a conditional use ermit allowin o en and outdoor stora a and
consideration of a arkin lot and drive aisle conditional use ermit in an I-2 heav
industrial zone. A licant Sunn Fresh Foods.
Assistant Administrator O'Neill reported that Sunny Fresh Foods is proposing to
expand the company's meeting and production facilities. In conjunction with the
proposed expansion, Sunny Fresh will be upgrading the site to meet current city
standards. In order to meet existing standards, Sunny Fresh will need to acquire a
conditional use permit which would allow a reduction in certain standard driveway
requirements, and Sunny Fresh needs a conditional use permit allowing outside
storage. O'Neill went on to review the proposed expansion, parking configuration,
landscaping plan, and method of screening outside storage.
After discussion, a motion was made by Clint Herbst and seconded by Shirley
Anderson to approve the conditional use permit allowing outside storage and to
approve a conditional use permit allowing a reduction in the drive aisle parking
requirements based on the finding that the conditional use permits are consistent
with the character and geography of the 1-2 zoning district designation and will not
result in a depreciation in adjoining land values. As a requirement of the conditional
use permit, Sunny Fresh Foods is requested to provide a written agreement between
the Methodist Church congregation and Sunny Fresh Foods regarding common use of
certain drive areas. Motion carried unanimously.
9. Consideration of a conditional use ermit allowin o en and outdoor stora a and
consideration of a arkin lot and drive aisle conditional use ermit in an I-1 li ht
industrials zone. Applicant, SMA Elevator.
Gary Anderson, Zoning Administrator, reported that SMA Elevator is proposing to
build a 54' x 80' addition to the existing building. In conjunction with this expansion,
according to ordinance it is required that the site meet existing requirements with
regard to screening of outside storage.
Council went on to review the outside storage area and discussed the screening
requirement. It was noted by staff that the screening requirement calls far screening
the view of the stored material from the public right-of--way. In recent cases, the
Planning Commission and City Council have interpreted this language to mean that
Page 3
Council Minutes - 3/14/94
the outside storage area needs to be enveloped by the screening fence in front and an
each end of the storage area and not limited to a screening fence on the right-of--way
side of the storage area.
It was noted in the discussion that the storage area on the Thomas Park Drive side of
the property is substantially lower than Thomas Park Drive; therefore, a screening
fence higher than 6 ft may be necessary to properly screen the materials stored. It
was, therefore, suggested that the fence may need to be higher than 6 ft or perhaps a
small berm could be constructed on the fence line with a 6 ft fence on top of the berm.
After discussion, a motion was made by Clint Herbst and seconded by Patty Olsen to
approve the conditional use request to allow open and outdoor storage in an I-1 zone
and to approve the parking lot and drive aisle conditional use permit based on the
Finding that the conditional use permits are consistent with the geography and the
character of the area, will not result in a depreciation of adjoining land values, and
are consistent with the comprehensive plan. Staff is directed to work with the
property owner to place the fence in a proper manner to allow for sufficient outside
storage area while screening the view of the stored materials from the public right-of-
way. Motion carried unanimously.
1Q. Consideration of amendment to Section 3-9: (E) of the zoning ordinance re~'ulatin
definition size number and location of remise and roduct si s allowed within the
PZM= B-1,_B-2, B-3, B-4, I-1 and 1-2 districts.
x„...--
Assistant Administrator O'Neill reported that Holiday Stationstores requests a pylon
sign and three premise identification signs. Currently ordinance allows one pylon
sign and one premise identification sign. O'Neill noted that originally Holiday
Stationstores had asked for a variance allowing two additional premise signs. The
Planning Commission rejected the variance request based on the finding that no
hardship exists justifying the variance. However, the Planning Commission felt that
the request was reasonable because Holiday Stationstores has frontage on three
public right-of--ways, and the total sign area of all the signs proposed was actually
less than what was allowed under current ordinance. Therefore, the Planning
Commission went forward by designing an ordinance amendment in response to
Holiday Stationstores' request. Under the amendment, Holiday Stationstores would
be allowed a premise sign for each street frontage that the parcel adjoins; however,
the combined sign area of all signs must not exceed the sign area allowed under the
present regulations.
The zoning ordinance also clarifies treatment of gas station canopies. Under current
ordinance, it is not clear if signs are to be allowed on gas station canopies. The
proposed ordinance would allow the allotment of wall sign area allowed to be placed
on the gas station canopy if so desired. O'Neill went on to review the Planner's
report, which noted that it is relatively common to allow service stations to place
premise signs on canopies.
Page 4
Council Minutes - 3/14/94
After discussion, a motion was made by Clint Herbst and seconded by Patty Olsen to
approve the zoning ordinance amendment as proposed based on the findings outlined
in the Planner's report. Motion carried unanimously.
SEE ORDINANCE AMENDMENT NO. 247.
11. Consideration of amendment to Section 3-2: F of the zonin ordinance re ulatin
lacernent of fences. The amendment would allow lacement of fences on a ro ert
line onl with written a roval from ro ert owners affected.
Assistant Administrator O'Neill reported that the purpose of the ordinance is to
utilize the City's regulatory authority to ensure proper placement of fences along
property lines. The need for the ordinance has been identified by Building Inspector
Gary Anderson. Anderson has noted that improper placement of fences and
associated neighbor conflicts occur about three times per year. The proposed
ordinance would be employed to resolve such conflicts. O'Neill noted that the City
Planner states that fence ordinances are in place in other communities, and they
appear to be working well to mitigate conflicts between neighbors. Finally, O'Neill
informed Council that the Planning Commission recommended denial of the
ordinance. It was their view that the problem between neighbors relating to fences
should remain a civil matter to be worked out by property owners. City involvement
in regulating fence placement through a permitting process is an unneeded drain on
City staff resources needed elsewhere.
O'Neill went on to note that the proposed ordinance would require that fences be
placed 3 ft from the lot line unless permission by the neighbor is given to place it
closer to the lot line. The approval by the neighbor must consist of a written
document outlining terms and conditions associated with maintenance of the fence.
The document would be a recordable instrument that would bind the present and
future property owners of bath properties affected by the fence.
Residents Tod Larson and Don Farnham both detailed situations where the proposed
ordinance would have prevented fence-related conflicts with their neighbors. They
expressed support for the adoption of the ordinance.
After discussion, a motion was made by Patty Olsen and seconded by Shirley
Anderson to adopt the proposed ordinance; however, the ordinance as proposed should
be modified to include a 2-ft setback rather than a 3-ft setback. Furthermore, for the
sake of efficiency, staff' was directed to enforce the ordinance on a complaint basis.
Implementation of the ordinance through a permitting process is not advised at this
time. Voting in favor of the motion: Patty Olsen, Shirley Anderson, Clint Herbst,
Ken Maus. Opposed: Brad Fyle. SEE ORDINANCE AMENDMENT ND. X48.
Page 5
Council Minutes - 3/14/94
12, Consideration of authorizin the s ecifications far the urchase of a new um er and
rescue fire truck.
Rick Wolfsteller, City Administrator, reported that for the past three years, the Joint
Fire Board has been discussing the need for acquiring a new pumper truck. In
anticipation of the proposed purchase, the City has been budgeting $35,000 per year
for the past few years in anticipation of a replacement pumper costing approximately
$150,000. The cost has now escalated to $220,000, which means that the City would
need to budget an additional $80,000 in 1995 to cover the City's share of the cost.
Brad Fyle noted that the existing pumper is over 20 years old and is getting to be an
antique. The need for a new truck is evident.
After discussion, a motion was made by Clint Herbst and seconded by Patty Olsen to
move forward on purchase of the fire truck. The deficiency to be paid using existing
capital funds. The City should replenish capital funds by continuing the $35,000
annual levy for each of three years after the truck has been delivered. Motion carried
unanimously.
13. Consideration of an a lication far one-da amblin license--Ducks Unlimited
Banquet.
After discussion, a motion was made by Shirley Anderson and seconded by Brad Fyle
to adopt a resolution approving issuance of the license. Motion carried unanimously.
SEE RESOLUTION 94-9.
14. Other matters.
A. Assistant Administrator O'Neill requested that the City Council consider
conducting a special meeting for the purpose of reviewing the
Emmerich/Klein/Kjellberg rezoning proposal.
After discussion, a special meeting was called by the City Council for
Wednesday, March 30, at 6 p.m.
B. Assistant Administrator O'Neill informed the City Council that the Parks
Commission is recommending a change to the adapted parks budget for 1994.
The change calls for an expenditure of $10,000 on the NSP softball fields for
various improvements, including:
1. Shelter $ 5,000
2. Bleachers (2 sets) $ 4,000
3. Dugouts - 6 chain link $ 3,000
Dugouts - 2 block or wood $ 1,000
4. Safety netting $ 1,000
Page 6
Council Minutes - 3/14/94
5. Scoreboards -installation in field #4 $ 500
Add'1 scoreboard for field #1 $ 1,250
6. Playground -sandbox ~p
TOTAL IMPROVEMENTS $15,750
O'Neill noted that the Parks Commission is recommending an expenditure on
the facility due to the fact that funds in the amount of $5,000 will be
contributed by the Baseball and Softball Association toward payment of the
associated costs. It was the view of the Parks Commission that changing the
budget made sense because the matching funds presented an opportunity for
the City to stretch its park dollars.
A general discussion ensued regarding the protocol for obtaining approvals for
budgeted expenditures. The entire Council agreed that the Parks Commission
is free to implement projects approved and budgeted during the previous year
with review and approval of the City Administrator. Status reports on park
projects implemented with the approval of the City Administrator should be
provided to the City Council accordingly.
Finally, it was the consensus of Council that the proposed expenditure of
$10,000 for NSP field improvements is acceptable and could be drawn from the
1.994 parks budget.
There being no further discussion, the meeting was adjourned.
n ~~~
Jeff 11
Assistant Administrator
[~
Page 7