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City Council Minutes 10-23-1978REGULAR MEETING MONTICELLO CITY COUNCIL October 23, 1978 - 7:30 P.M. Members Present: Gene Walters, Arve Grimsmo, Dan Blonigen, Phil White. Members Absent: C. 0. Johnson 1. Public Hearing - Consideration of Variance Request for Minimum Lot Size and Subdivision by Arne Kolbjornsen. Mr. Arne Kolbjornsen has requested a variance of approximately 700 square feet to subdivide a lot within Creekside Terrace into two parcels. The current lot size is 26,482 square feet, and the proposed subdivision would create two lots of approximately 9,300 sq. ft. and 17,182 sq. ft. A variance is necessary since the minimum lot size in an R-2 zone is 10,000 sq. ft. The following citizens were heard at the Public Hearing: Donna Larson - indicated to the Council that the neighbors had opposed the original rezoning request from R-1 to R-2 for the duplex approxi- mately a year ago, and felt that the Council shouldn't grant an addi- tional variance by allowing the subdivision of the same lot now. Jim Larson - stated that he was under the impression at the rezoning hearing last year that the lot was too small to have two single family homes situated on, and that was the primary reason why the lot was originally rezoned from R-1 to R-2 to allow for the duplex. Mr. Larson also felt strong opposition to the subdivision and did not think that if the lot was too small last year for two single family homes, how it could be big enough now for a duplex and a single family home. Gilbert Stickford - thought that the original duplex proposed for this lot was to be owner -occupied, but never was, and opposed any subdivision of this lot because of its size. Steve Johnson - Mr. Johnson felt that the zoning ordinances for the City should protect the neighbors in the area, and that most of the people did purchase their lots and homes with the assumption that the area was single family residential and would remain as such. Opposed to any subdivision. Earl Swan - was opposed to any subdivision and also indicated that he was under the assumption that the duplex was to be owner -occupied. Based primarily on the fact that this particular lot was initially rezoned from R-1 to R-2 to allow for the duplex because of the initially large square footage of the lot, motion was made by P. White, seconded by A. Grimsmo and unanimously carried to deny the subdivision request and minimum lot size request for Mr. Arne Kolbjornsen. Council Minutes - 10/23/78 2. Public Hearing - Consideration of Variance Request of Sideyard Setback Requirements - Tadako Pratt. Tadako Pratt, who lives at 301 W. River Street, requested a variance to build an attached garage up to the east property line of her residence. Presently, her home is 21 from the property line on the east side, and she merely would like to move her garage which she plans to attach to the existing house, two feet (21) ahead of the existing house. The Planning Commission, at their last meeting, upon hearing no objec- tions, recommended approval of this variance. Motion was made by A. Grimsmo, seconded by D. Blonigen and unanimously carried to approve the Sideyard variance request for Tadako Pratt. 3. Public Hearing for the Consideration of a Variance Request for an Off - premise Sig. - Electro Industries. Mr. Bill Seefeldt, of Electro Industries, requested a variance to allow an off -premise sign for his company to be put on the property of the Monticello Rod & Gun Club. A letter has been received from the Monti- cello Rod & Gun Club indicating that they have agreed to provide per- mission to Mr. Seefeldt for the sign. A variance request was necessary since City ordinances do not allow any off -premise sign advertising a product or another firm. Part of the Council discussion concerned whether a variance of this type would create a precedent for future off -premise signs. Based primarily on the fact that Electro Industries is located in a hard -to -find place and that the sign would be a small directional type sign, motion was made by P. White, seconded by D. Blonigen to approve the variance request for the off -premise sign. Voting in favor: P. White, D. Blonigen, A. Grimsmo. Opposed: G. Walters. Variance request was denied since a 4/5's vote is necessary. 4. Consideration of Temporary Use Permit to Allow Light Manufacturing within an R-2 Zone - Decorative Services. Mr. Bill Schackor, of Decorative Services, requested a temporary use permit to allow Decorative Services to utilize one room on the second floor of the Oakwood Elementary School for use by his manufacturing firm. Mr. Schackor indicated that the request was a temporary one in nature and would last only for up to one year, or until his new building can be constructed in Oakwood Industrial Park. Mr. Schackor also informed the Council that only one room would be used and that no re- modeling of the school would be necessary. Motion was made by A. Grimsmo, seconded by D. Blonigen and unanimously carried to approve the temporary use permit for light manufacturing in an R-2 zone for Decorative Services with a one-year time limit. - 2 - Council Minutes - 10/23/78 5. Consideration of a Conditional Use Permit for a Planned Unit Development - Monticello I-94 Tri -Plaza. Mr. Sam Peraro proposed that the property he owns southeast of the inter- section of I-94 and Highway 25 be granted a conditional use permit for a Planned Unit Development. Mr. Peraro indicated that the request for a PUD was to allow for the eventual construction of two restaurants along with the Vance's Amoco Gasoline Station, which is currently under construction on the property. The primary reason for the request to go to a PUD was that Mr. Peraro intended to continue ownership of the entire three acres, and by allow- ing for a PUD instead of going into a subdivision, more flexibility is given the developer in making better use of the parcels of land for parking requirements, landscaping, etc. Additionally, under a subdivi- sion, all parcels must front on a public right-of-way, and thus, the property in question would probably only have two parcels instead of the three that are allowed under the PUD plan. Motion was made by D. Blonigen, seconded by P. White and unanimously carried to approve the conditional use permit for Mr. Peraro's Planned Unit Development, contingent upon the plan including all recommendations made by the consulting City Planner, Howard Dahlgren & Associates. 6. Consideration of Rezoning and Conditional Use Permit for a 24 -Unit Apartment - Ken Krienke. Mr. Ken Krienke applied for a rezoning and conditional use permit to allow for the construction of a 24 -unit apartment building on the south- west corner of the J. R. Culp farm located south of I-94 on Highway 25. Currently, the property is zoned R-1 and would require an R-3 zoning and a conditional use permit since over 12 units are proposed. Mr. Krienke indicated that he is planning to build a low to moderate - income project with Farmers Home Administration Funds which would be a subsidized housing project for families with income of approximately $11,000 to $16,000 per year. Considerable discussion was had by the Council on whether a need for this type of housing has been surveyed by the developer. Mr. Krienke indicated that he would be doing a survey in the surrounding area including St. Cloud and Wright County, if such property was rezoned for an eventual apartment house. Council consensus indicated that possibly study figures should be made prior to granting of a conditional use permit or rezoning, as members would like to know where the possible tenants would be coming from. By Council consensus, this item was tabled for approximately three weeks to enable more information to be gathered on the need for such sub- sidized housing and where such tenants may come from. - 3 - Council Minutes - 10/23/78 7. Consideration of an Ordinance Amendment to Allow Jewelry Stores as a Permitted Use within a B-3 Zone. Mr. Dan Poirier requested an ordinance amendment to allow a jewelry store to be located within a B-3 Zone. Mr. Poirier was proposing to put an establishment called Rings 'n Things in Mel Worth's Stor-a-Way Building located on Highway 25 south of I-94. Since City ordinances allow jewelry stores only as permitted uses within a B-4 Zone, an amendment to the B-3 Zoning District would have to be made to allow for such a use. Council discussed whether such a use should be allowed as a permitted use in a B-3 Zone, but felt that in order to possibly control future jewelry stores, a conditional use approach should be used. As a result, a motion was made by P. White, seconded by D. Blonigen and unanimously carried to amend the zoning ordinances to allow a jewelry store as a conditional use within a B-3 Zoning District, and also to approve the conditional use permit request to Mr. Dan Poirier for a jewelry store in the Stor-a- Way Building. (See Ordinance Amendment 10/23/78 X61). 8. Consideration of Approval of Development Agreement with Oakwood Industrial Park Partnership Relative to Dundas Road. The City Council previously approved the plans and specifications for improving Dundas Road in Oakwood Industrial Park with a gravel base. These plans and specs were prepared by the City consulting engineer at the request of the Partnership. A development agreement was prepared between the City and Oakwood Indus- trial Park Partnership agreeing that all work to be done shall be com- pleted to the satisfaction and approval of the City Council and also provides for the developer providing a surety bond for 12 times the estimated construction costs, said costs being $46,425. This bond would be payable in favor of the City of Monticello, and in addition, a cash deposit would have to be placed with the City in the estimated cost of $7,892.00 for administrative costs, legal costs, inspection service and engineering services. Motion was made by D. Blonigen, seconded by P. White and unanimously carried to approve the development agreement for improvements in Oakwood Industrial Park as presented. (See Supplement 10/23/78 #1.). 9. Consideration of Conditional Use Permit for Ambulance Garage - Monticello -Big Lake Community Hospital. The Monticello -Big Lake Community Hospital requested a conditional use Permit to allow the construction of an ambulance garage which would be built to the east of the current hospital on hospital property. City ordinances require that any additions or any facilities related to a hospital are required to go through a conditional use permit process. 4 Council Minutes — 10/23/78 The Planning Commission held a special meeting just prior to the City Council's meeting, but tabled any action on the request since definite plans were not made available by the Hospital regarding location and whether it was a temporary garage facility. As a result, the City Council tabled any action until a future date. 10. Consideration of Allocation of Anti—Recession Fiscal Assistance Funds. Monticello recently received $2,317 in anti—recession fiscal assistance funds in 1978. These Federal funds are to be used for the purpose of maintaining basic services and to help defray the cost of general salaries. The amount of anti—recession fiscal assistance funds are based upon the amount of unemployment in a given area. Motion was made by D. Blonigen, seconded by A. Grimsmo and unanimously carried to approve the allocation of anti—recession fiscal assistance funds in the amount of $27317 towards the cost of general administrative salaries. 11. Consideration of Ordinance Amendment Relative to the Use of Banners. Pennants and Similar Devices. As was discussed during a previous Council meeting, at least two busi— nesses in the City of Monticello have banners, pennants or similar devices used at their business locations. According to Monticello City Ordinances, such pennants or banners are not allowed except under a temporary use permit for seven (7) days. The Council discussed the possibility of grandfathering for up to one year those businesses now using pennants in violation of the ordinance and then requiring all future businesses to abide by the ordinance, or whether they should be notified immediately that they must be removed. It was the consensus of the Council that the ordinances should be adhered to, but discussions centered on the length of time to be given the violators to take down the existing banners. While Councilman Blonigen felt that three days was sufficient time to remove the pennants, other council members felt 30 days would be appro— priate. Motion was therefore made by P. White, seconded by A. Grimsmo to notify the property owners that the pennants must be taken down according to City ordinances within 30 days, or the property owner would be cited. Voting in favor: P. White, A. Grimsmo, G. Walters. Opposed: D. Blonigen, 12. Consideration of Curb Barrier for Monticello City Maintenance Building. Public Works Director, Mike Rajala, presented a cost estimate for curbing and landscaping at the Maintenance Building parking lot per a recent request by the Council. The estimated cost to construct curb and gutter around the existing blacktop section of the parking lot at the Maintenance Building was $1,73.. This cost estimate was for only improving the exist— ing parking area with curb and gutter and did not include any bituminous surfacing or curb and guttering of the large balance of the City lot. - 5 - Council Minutes - 10/23/78 The reason for not completing the blacktopping and curb and guttering of the balance of the City property is that this way the City can con- tinue to utilize the Maintenance building for stockpiling gravel, salt and sand mix and street sweepings. It was the Council consensus that some sort of curb and gutter improve- ment should be made at the Maintenance Building, but this item was tabled until next spring since it would appear to be too late to start a project of this nature this fall. 13. Approval of Bills. Motion was made by D. Blonigen, seconded by P. White and unanimously carried to approve the bills for the month of October, 1978 as pre- sented. (See Supplement 10/23/78 #2). 14. Approval of Minutes. The Minutes for the Regular Meeting held October 10, 1978, were approved as read. 15. Consideration of Resolution Supporting City of Richfield Law Suit Con- testing Compulsory BindingArbitration Provisions. The City of Richfield recently requested support of its attempt to contest the compulsory binding arbitration provisions of its union contracts. The City of Richfield is currently appealing to the Minnesota Supreme Court the binding arbitration provisions because the recent decisions have been unfair, inflationary and detrimental to the collec- tive bargaining process. Motion was made by P. White, seconded by D. Blonigen and unanimously carried to adopt a resolution supporting the City of Richfield's fight against compulsory binding arbitration and authorizing a sum of $100.00 to be paid to the League of Minnesota Cities to assist in the financing of appealing this lawsuit to the Minnesota Supreme Court. (See Resolution 1978 #15). Miscellaneous A special meeting of the City Council was scheduled for November 8, 1978 at 7:30 P.M. for the purpose of canvassing the election returns of November 7, 1978. Meeting Adjourned. j Rl k Wolfstell Assistant Administrator RW/ns - 6 -