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City Council Minutes 11-13-1978MINUTES REGULAR MEETING — MONTI CELLO CITY COUNCIL November 13, 1978 — 7:30 P. M. Members Present: C. 0. Johnson, Dan Blonigen, Arve Grimsmo, Gene Walters, Phil White. 1. Consideration of Rezoning Request from R-1 to R-3 on Lot 5, Block 1, Riverside Addition — John Sandberg. A letter was presented by John Sandberg to the City Council requesting the withdrawal of his application for his rezoning request for Lot 5 of Block 1 of Sandberg Riverside Addition. The withdrawal request was based on the fact that he did not have full plans and specifications to present to the Council. (See supplement 11-13-78 #1). 2. Consideration of Variance Request from Parking Lot Curb Barrier Require— ments — Silver Fox Motel. At a previous Council Meeting, a variance request from the parking lot curb barrier requirements at the Silver Fox Motel was denied by the Council, but there was discussion by the Council that they might be receptive to a variance if a particular time limit was set. Mr. Larson requested the variance again to allow the elimination of the curb barriers around his truck parking lot to allow for more maneuver- ability of the semi—trailers to get in and out of the parking lot, especially during the busy season. Mr. Larson also stated that the curb barriers recently installed have been damaged by the heavy trucks running over them, and requested a variance for up to 24 months as future expan— sion may occur in the area in which the curb barriers are required. While some Council members felt a 12 month time limit would be appropriate, it was also noted that the present curb barriers required are not perma— nent in nature, and therefore would not be a hardship to remove if expansion would occur. Motion was made by D. Blonigen, seconded by P. White to grant a variance extension for up to one year on the parking lot curb barrier installation. Voting in favor: D. Blonigen, P. White, A. Grimsmo. Opposed: G. Walters, C. Johnson. Motion denied since a 4/5's vote is required for approval. 3. Consideration of Approving Surety Arrangements for Oakwood Industrial Park Partnership on the Improvement of Dundas Road. The Oakwood Industrial Park Partnership proposed a surety arrangement to cover the improvement of Dundas Road by submitting a note to the Wright County State Bank in care of the City of Monticello. Minutes - City Council - 11/13/78 This arrangement would allow the City of Monticello to utilize the note for 12 times the amount of improving Dundas Road if the project were not completed to the satisfaction of the City. Councilman Gene Walters indicated that he would be abstaining from any discussion and voting on the issue since he did have an interest in the Oakwood Partnership. The proposed arrangement was reviewed by City Attorney, Gary Pringle, and in his opinion, the arrangement would protect the City if the improve- ment was not completed to the satisfaction of the City. Motion was made by P. White, seconded by A. Grimsmo to approve the surety arrangement as presented with the comments made by City Attorney, Gary Pringle. Voting in favor: C. Johnson, P. White, A. Grimsmo . Abstaining: G. Walters , Dan Blonigen. 4. Consideration of Policy Relative to Four -Fifths (4/5's) Voting Require- ments. The current Monticello City Zoning Ordinances covering requests for rezonings, variances and conditional use permits require a 4/5's vote for approval of the City Council. Council discussion centered on whether an applicant would have the prerogative of coming back to the Council at a later date to get approval if his request was voted and approved upon by the members, but the 4./5's vote was not possible because of one or more councilmen being absent at the meeting. Also discussed was the possibility that applicants for rezonings, variances and conditional use permits be asked if they only want the request heard before a full council. If the applicant so indi- cates, an item requiring 4/5's vote would not be brought up a Council Meeting unless all members were present. This would eliminate the Council's voting on a request with less than full membership and then having the item brought back at a later date in order to get the 4/5's vote. Hearing no motion, the policy requiring a 4/5's vote for approval on any variance, conditional use or rezoning request was left as is with the understanding that an applicant can request that the item be dropped from the Agenda if a full Council is not present. If an item is heard before less than a full Council and it is voted upon, the decision reached would be final. 5. Consideration of Variance for Off -Premise Sign - Electro Industries. Since the policy relative to 4/5's voting requirements was not changed in Item 4. above, allowing for an applicant to come back to a full Council if a request was previously denied, this item was not heard. 6. Report from Civil Defense Director - Doug Pitt. Civil Defense Director, Doug Pitt, was not present at the meeting, and this item was dropped from the Agenda. - 2 - Minutes - City Council - 11/13/78 7. Consideration of Adoption of 1976 Edition of Uniform Building Code, On September 16, 1978, the newly adopted Minnesota State Building Code went into effect in the State of Minnesota, and the Building Official, Loren Klein, recommended that the new 1976 Edition of the Uniform Build- ing Code be adopted by the Council. In the current ordinances relating to the adoption of the Building Code, a provision requires hardsurfacing of all driveways in single and two-family homes. In addition, in the zoning ordinance sections, hardsurfacing of driveways is exempted in the case of single and two- family dwellings. Motion was made by A. Grimsmo, seconded by D. Blonigen and unanimously carried to adopt the latest 1976 Edition of the Uniform Building Code and to exclude the requirement of hardsurfaced driveways for single and two-family dwellings. In addition, motion was made by D. Blonigen, seconded by P. White and unanimously carried to adopt the 1976 Uniform Fire Code in lieu of the present 1973 Code. (See ordinance amendment #62 dated 11/13/78 8. Consideration of Requiring Registration for Rental Units in the City of Monticello. Building Official, Loren Klein, recommended to the Council that a regis- tration system for all rental units in Monticello be adopted to insure that all rental properties would be inspected. This ordinance amendment, if adopted, would require all rental property -owners to register their property on an annual basis. The Building Official indicated that this would provide a basis for systematic inspections since possibly the numerical order of registration would be the order in which property would be inspected. It was the Council consensus that rental registration of all property in Monticello would not be required, and that the Building Official should use his own discretion in determining a systematic system for inspecting these properties. 9. Consideration of Extension of Time for a Portion of the 197.1 Improvement r Project. Northdale Construction requested that the City grant them an additional extension of time from November lst until Spring 1979 for the completion of concrete curb and gutter in the Riverside Addition. The reason for this request was that concrete for the curb and gutter was not available, and may not be available until it is too late to complete this Fall. Motion was made by P. White, seconded by D. Blonigen and unanimously carried to approve the extension of time until July 1, 1979. It was noted that if construction of homes and certificate of occupancy re- quests were to take place in this area before the streets were completed, a variance may be necessary to allow for the occupancy of the home. - 3 - Minutes — City Council — 11/13/78 10. Approval of Minutes. The Minutes of the October 23, 1978 Council Meeting were approved as presented. 11. Miscellanernus_ A special meeting to discuss salaries for 1979 was scheduled for November 30, 1978, at 2:00 P.M. It was also recommended that all Department Heads be asked to be in attendance at this meeting. It was also noted that only one Council Meeting will be held in December 1978• Meeting adjourned. t� "Richard Wolfs ler Assistant A nistrator RW/ns