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City Council Agenda Packet 06-12-1978a AGENDA b REGULAR MEETING - MONTICELLO CITY COUNCIL �a June 12, 1978 - 7:30 P. M. Mayor: C. 0. Johnson Councilmen: Dan Blonigen, Arve Grimsmo, Gene Walters, Philip White. Meeting to be taped. Citizens comments. 1. Consideration of Adoption of Assessment Policy. 2. Public Hearing - Proposed 1978 Improvement Projccts. 3. Public Hearing - Variance Request on Sideyard Setback - Ron Peters. 4. Consideration of Ordinance Amendment, Conditional Use Permit, and Building Permit Request for a Tom Thumb Superette - James Refrigeration. S• Consideration of Zoning Ordinance District Amendments. 6. Consideration of Conditional Use Permit for a Three - Family Dwelling Unit - Leo Nelson. 7. Consideration of Approval of Preliminary Plat for Com- mercial Plaza 2$ - Sam Peraro. 8. Public Hearing - Variance Request from 2X Acre Minimum Lot Size Without City Sewer and Water and Conditional Use and Building Permit Request - Automatic Garage Door Company. 9. Consideration of Building Permits for River Terrace Park, Marn Flicker and Wrightco Products. 10. Consideration of Extension of Variance for Overhanging Sign for Monticello Ford, Inc. 11. Consideration of Approval of Temporary On -Salo Malt Liquor License - Lions Club. 12. Request of Change of Lot Line - Henry Doerr. 13. Consideration of Ratification of Contract with International Union of Operating Engineers Local #49, AFL-CIO. 14. Consideration of Approval. of Final Payment •. General Con- traLtor - City Hall Improvement Project. 1S. Consideration of Requiring only City Council Approval for Building Permits Other than Single Family Residences. 16. Interchange 94 Lighting System - East Side of Monticello. 17. Building Permit Request - NSP. ) (A --t ) Z) 19 )g 18. Approval. of May 22, 1978 minutes. 19. Unfinished business. 20. New business. B1i�yc_Ic designated routes. �p j e U I 6/12/78 AGENDA SUPPLEMENT AGENDA ITEM 1 - Consideration of Adoption of Assessment Policy., Previously sent out was the revised Assessment Policy and the proposed subdivision ordinances as presented at the Council's May 229 1978 meeting. The revised draft incorporates the revisions that were made by the City Council and has been sent out previously for your review since King Forness, with Springsted, Inc., will be unable to attend Monday night's meet- ing and has asked for comments prior to that time in case any questions should arise. One item that should be mentioned is that at the May 22nd meeting, it was felt that multiple family zoned areas should have improvements assessed on a residential equivalent basis of .75 residential units per apartment unit, In talking to King Forness, I did point out that this might present a problem in some areas where the land is zoned for multiple family, but it would be hard to determine how many units would go on the vacant land, and as a result, you will notice in the assessment policy it is proposed to assess this on a residential unit of Q.75 or a front footage basis as the Council determines. In this matter, the Council will still have the option of deciding whether these areas should be assessed on a front footage or residential unit basis depending upon the particular circumstance n� involved in the improvement project. �\ Hopefully, at Monday night's meeting, we will be able to adopt a policy since the second item on the agenda is a public hearing for 1978 improvement projects, and it is intended to adopt a policy on assessments at Monday night's meeting and later on it would be written into ordinance form and codefied into the City's system. POSSIBLE ACTION: Consideration of assessment policy and proposed subdivision ordinance changes. REFERENCES: Revised draft of assessment policy and proposed subdivision ordinance changes sent out previously. AGENDA ITEM 2 - Public Hearing - Proposed 1978 Improvement Pro.iects. This hearing is for the following improvements: (A) Extension of Curb, Gutter and Permanent Street Improvements from the intereection of 6th and Pine Streets to 6th and Codar Streets. n/ 6/12/78 (B) Extension of Sanitary Sewer, Watermai.n, Storm Sewer, Curb, Cutter, and Permanent Street Improvements along all streets within the following Subdivisions: Sandberg South Plat Riverside Plat \ Country Club Manor Plat L LOss.+•��w-) Kampa Estates Plat N.� (C) � � - Extensions of Sanitary Sewer, Storm Sewer, Curb, Gutter and " Permanent Street Improvements through Learing Hillside Addi- tion from the intersection of 7th and Cedar to Washington and Street Lauring lane. �• 7th along (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 2, Oakwood Industrial Park. A (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. L -6 -5 -00 --- Of the above proposed projects, it should be mentioned that for item (A), only street improvements were requested, and this did not include curb and gutter, just basically a street; and, in item (C) only sewer was petitioned for. This fact is impor- tant in that the Council must approve by a 4/5's vote any project that was not petitioned for. If a project was petitioned for, it only requires a mere majority. Roy Lauring has already indicated that he would only favor sanitary sewer going through Lauring Hillside Addition, and would not be in favor of the remaining improvements. I did indicate to him that building permits could not be issued on those lots that abut the proposed road unless such road was improved with blacktop and curb and gutter, etc. John Badalich has previously submitted to the Council a feasibility report on the above projects and he will be revising this report so that it coincidoo with the aoocomant policy oa presented in Agenda Item 1. Additionally, John Badalich will be sending out an additional fact sheet individually to the Councilmen with an indication of what the assessments would be if the Council would adopt a policy whereby assesfoents were to be done in an area -by - area basis rather than to be lumped all together in one year as we have done in the post. - 2 - 6/12/78 It should be noted that the feasibility report does not indicate extension of sewer and water to the land owned by the Country Club just east of the Golf Course. This improvement was not shorn at this time, since the area is not plotted. However, if the Country Club would still like this improvement in, and they were notified of this hearing, there is within the feasibility report an indication of how the area could be served. In addition, this hearing will also take into account the area along West County Road !!39 that was included in a previous hearing on October 28, 1977. Lloyd Grosenickle has contacted me and has indicated he would not desire sewer and water at this time, so this should be brought to the attention of the Council as the project, as it's now proposed, would intend to serve, at this time, Lloyd Grossnickle's property with sewer and water. Notice has been sent to all property owners that this will be a re -hearing of that project because, since that time, we have had two plats that would change the scope of the improvement project, that is, Kampa Estates and Country Club Manor. One question that may come up in this regard relative to our assessment policy is that since the project was already approved in this area and there are individual home owners in the area proposed to be assessed, whether they would be subject to a 20 year pay-off or a 5 year pay-off for the assessments. POSSIBLE ACTION: Consideration of a resolution approving the above projects and ordering the pre aration of plans and specifications. (A 19 vote is required in order that the project as presented above be put in in its entirety. If it is a 3/5's vote, we should probably break Pdown the improvement project on an area by R area basis.) REFERENCES: Feasibility report sent out previously by John Badelich. Amended feasibility report and informs - tion from John Badalich relative to preparing the assessments on an area. -by -area basis rather than lumping them all into or,e year. AGRMA ITEM 3 - Public Hearina - Variance Request on Sideyard Setback - Ron Patera. j Mr. Peter's has made application for a variance to build a garage to the lot line of hie property at 503 West 6th Street (the East 32'6" of Lot 3, and the West 50' of Lot q, Block 10, Upper Monticello). In hie request, Mr. Patera hoe indicated he would like to place the garage no far as posoible to the side to allow for room to put a patio between the house and the garage at a later date. It should be pointed out that Mr. Peters has obtained letters from both of his abutting neighbors and they have no objection to hie proposal. - 3 - 6/12/78 At their meeting regarding the matter, the Planning Commission unanimously approved building the garage to the East property Line so that the drip line still must fall on Mr. Peter's property. Mr. Peters said he would be very well satisfied with this variance. POSSIBLE ACTION: Consideration of approval or denial of variance request (it should be noted that a variance needs 4/5's vote for approval). REFERENCES: Ehclosed map and site plan. AGENDA ITEM 4 - Consideration of Ordinance Amendment, Conditional Use Permit, and Building Permit Request for a Tom Thumb Superette - James Refrigeration. Mr. Charles James has made application for a conditional use permit to build a convenience food store and self-service gasoline station on the southeast corner of the intersection of State Highway #25 and Oakwood Drive. Currently, this area is zoned as B-3 (Highway Business) and in order to allow such a use, an ordinance amendment would be neces- sary to allow a motor fuel station/convenience store. Presently our ordinance would allow the motor fuel station as a conditional use within a B-3, but it is necessary to clarify the ordinance and add the wording "a motor fuel station/convenience store" and the following definition to the ordinance to provide for such a use: The term motor fuel station/convenience store shall mean the store operated in conjunction with a motor fuel station for the purpose of offering for sale goods not essential to the motoring public. Mr. James proposes to build a 3,571 square foot store that will be constructed of concrete block with a Cedar Shake roof. Building Plane have been submitted to the building inspector and he recommends approval of the permit contingent upon the submission of a drainage and landscaping plan. All other provisions of Monticello ordinances are adhered to and will be enforced. The public hearing is necessary on a conditional use permit and this was hold at the Planning Commission's regular meeting in May. There were no objections to the conditional use permit for this motor fuel station. It should be pointed out there will be only one service island for gasoline and it will be strictly of a self-service nature. The Tom Thumb Suparette and the gas station will be open from 7:00 A.M. to 11:00 P.M. daily. POSSIBLE ACTION: Consideration of ordinance smondment, approval of conditional use permit, and building permit. ^ REFERENCES: Enclosed map depicting area and additionally a copy of the building plane are available at the building inspector's office. - 4 — 6/12/78 AGENDA ITEM 5 — Consideration of Zoning Ordinance District Amendments. As part of the review of the Revised Comprehensive Plan and resulting zoning ordinance district amendments, the following two areas were scheduled for further review by the Planning Commission: Area 1 — Consideration rezoning approximately 1^0 acres O located between County Highway #75 and Inter- state nterstate Highway x94, north of Prairie Road, from R-1 (Single Family Residential) to I-4 (Light Industrial). As you may recall, various testimony has been received from surrounding property owners in the Hillcrest area objecting to the rezoning of this area (see enclosed map) to I-1 Light Industrial. However, various individuals do support the rezoning of their area to Light Industrial and they include Electro Industries, which is just to the West and Southwest of the proposed area, along with Jim and Ken Maus who own a portion of the property just South of Edgar Kluces' salvage yard as proposed to be zoned to Industrial. Initially, the Planning Commission recommended the entire area be rezoned to Light Industrial, and after a review the second time, they stand on their first recommendation based on the following: (A) Initially when Electro Industries was zoned to Light Industrial it was based on the premise that the surrounding area would be also zoned to Light Industrial, and therefore, consistent with the proposed revised comprehensive plan at that time. (B) Although the Planning Commission expressed concern with the fact that having Light Industrial adjacent to a Single Family Residential, it was felt that even if the suggestion of the Council to just zone the area North of River Street (former Dick Brook's farm) to Light Industrial would still create the same problem because you would have Rrl zonepor Single Family Residential zone, just adjacent to a Light Industrial. (C) Since Electro Industries is on the South side of River Street and so is the Edgar Klucas salvage yard, it was felt that this area right now is more of an industrial nature than it is of a residential nature. (D) There was some concern in going from a Light Industrial North of Prairie Road to R-1 South of Prairie Road{ however, both the developers of these areae have been notified and have exproseod no objections to the proposed rezoning to Light Induatrial, and additionally, this would be a situation where any of the property owners buying homes in this area would be aware of the existing zoning at the time. — 5 — 6/12/78 (E) The residents expressing concern were from Hillcrest area, and the area proposed to be rezoned to Light Industrial is across the County Road Highway #75 and the railroad tracks. It was felt that this was a sufficient buffer in going from a Light Industrial to a Single Family Residential zoning. Area 4 - Lots 1 through 10, Block 30, and Lots 1 through 5, Block 37, from 3-4 (Regional Business) to R -B (Residential Business), or R-2 (Single and Two - Family Residential). As you might recall, this item was never brought forward to the City Council since the Planning Commission decided to hold a hearing on both consideration of rezoning the area in question to Residential Business and hold another hearing to rezone the area to Single and Two -Family Residen- tial. Various property owners submitted testimony on this subject, and there were feelings both pro and con from the property owners relative to the rezoning question. For the most part, property owners in Block 30 were in favor of rezoning the area to Rr2; however, there was a mixture of feelings among property owners in Block 37. Leo Stokes, who is in the affected area, felt that the area should remain as B-4, or Regional Business. Babe Clausen, who is in Block 37 but not in the south half which is proposed for rezoning, favored leaving the zoning district as B-4. However, Mr. Hewn Busch felt the area should be rezoned to R-29 or Single and Two -Family Residential. Additionally, testimony was given from surrounding businesses and the Downtown Retail Association favoring the present zoning as B-4 for Blocks 37 and Block 30. After much discussion, the Planning Commission recommended `•� unanimously that both Block 30 and the South Half of Block -y 37 be rezoned to Residential Business and this would be �• a compromise between the present zoning and the proposed zoning. It was felt that this is an area that would be a transition area from residential to business and this was the intent of a Residential Business zoning district. POSSIBLE ACTION: Consideration of rezoning Area 1 or portion thereof from R-1 to Light Industrial; and consideration of rezoning Area 4 or portions thereof from B-4 to R -B or R-2. (It should be noted that any zoning change must be approved by a 45•a Council veto.) REFERENCES: Fhclooed map depicting Area 1 and Area 4, and the Planning Commission meeting minutes noting the testimony received on the above issues. — 6 — 6/12/78 AGENDA ITEM 6 - Consideration of Conditional Use Permit for a Three -Family Dwelling Unit - Leo Nelson. Mr. Leo Nelson is requesting a conditional use permit to build a tri-plex apartment an the Northeast corner of 4th and Wright Streets in Monticello (Lots 4 & 5, Block 34). Since this area is currently zoned as Hr2, a conditional use permit is required for this type of building. The lot area for a tri -plea, which consists of two one -bedroom units and one two-bedroom unit, is 12,004 square feet, and the area available is 21,700 square feet. Additionally, Mr. Nelson's proposed tri-plex wo, d include one covered garage space for each unit, again exceeding the required provisions of the Monticello city ordinances. It would appear that all other provisions of the Monticello city ordinances would be adhered to. At the Planning Commission's hearing relative to the subject, there were no objections to the proposed apartment complex, and was unanimously recommended for approval by the Planning Commission. It should be pointed out that Mr. Nelson hasn't made a formal application for a building permit in that he is waiting for approval of the conditional use before he proceeds any further. POSSIBLE ACTION: Consideration of approval or denial of the conditional use permit application. REFER124CES: See enclosed map, preliminary plan design and artist's sketch of the building exterior. AGENDA ITEM 7 - Consideration of Approval of Preliminary Plot for commercial Plaza 25 - Sam Peraro. Mr. Sam Peraro is proposing a 4.0 acre commercial development Plat consisting of five lots just South of the Glass Hut an State Highway N25. This preliminary plat has been reviewed by the City Engineer and the City Planning Commission. The Planning Commsission has recommended approval of the preliminary plat contingent upon the Ehgincer's recommendations being carried out. These recommendations primarily include that the soil survey be taken on the plat and also that the lowest floor elevations be indicated. It should be noted that the lots in the plat range in size from 29,240 square feet to 42,000 square feet. Those lot sizes aro less than the minimum requirement of 2J acres for a lot without city sower and water. However, Mr. Peraro has petitioned the city to extend sower and water to the area. It should be noted that there currently is one facility, that being the Monticello Pot Clinic, that is proposed to go into the area, and the lot size for this parcel is 42,000 square foot, and as a result, if the City Council approved of the subdivision plat, it would also have to approve of a variance to the Monticello Pot Hospital allowing them to have a parcel leas than 2J acres without city sewer and water. -7- 6/12/78 a�I ,` l� As you can see in the next agenda item, the Automatic Garage \" Tibor Company, Inc. will also be asking for a variance from the 2j 8CI'C minimum. N o` 4v� POSSIBLE ACTION: Consideration of approval of preliminary plat. REFERENCES: A copy of the preliminary plat is available for review at the Monticello City Hall. AGENDA ITEM 8 - Public Hearin& - Variance Request from 2Acre Minimum Lot Size Without City Sewer and Water and Conditional Use and Building Permit Request - Automatic Garage Door Company, Inc. The Automatic Garage Door Gompany, Inc. manufactures overhead doors and their manufacturing plant is in Wisconsin and they would like to have a warchouse-office space in Monticello. They are proposing to build a 9,000 square foot combination warehouse -office in Sam Peraro's proposed ,Commercial Plaza 25 plat. Since a final plat has not been presented and approved by the City Council on Commercial Plaza 25, any approval of the building permit would be contingent upon the approval of a final plat for the Commercial Plaza 25. No building could start until such time. Since the area is zoned as B-39 a conditional use permit is necessary similar to that issued to Mel Worth to allow a warehouse for storage contained entirely within a building. Of the 9,000 square foot building, approximately 700 square feet will be utilized for office area and the remainder of the building will be used strictly for warehouse purposes and there will be no manufacturing of any kind taking place. Since the building is proposed to be on a 38,000 square foot lot, it should be noted that a variance would be necessary from the City's require- ment that each building lot requires an area of 2* acres without City sewer and water. Since this area could not be served with sewer and water until 1979, a variance would be necesaary,as in the case of the Monticello Pet Hospital, to allow for the construction of this facility on less than * acres. The conditional use peradt, the building permit and the variance will be reviewed by the Planning Commission at a meeting which takes place at 5:00 P.M. on Monday, June 12th, and the recommendations and any testimony given will be presented to the Council at the Monday night meeting. POSSIBLE ACTION: Consideration of approval of building permit, conditional use permit and variance from 2* acre minimum lot size without city sewer and water, contingent upon final plat being approved by the Monticello City Council. REFERENCES: Enclosed map depicting area plus building plans aro available at building inspector's office. - a- 6/12/78 AGENDA ITEM 9 - Consideration of Building Permits for River Terrace Park,. Marn Flicker, and Wrightco Products. The following three businesses are requesting building permits: A. River Terrace Park - Request is for adding on to an existing game room an addition of 14' x 321. B. Marn Flicker - Request is to construct a 4,000 square foot concrete block building on the former Fullerton Lumber site. It should be noted that previously a conditional use permit was granted to Mr. Marn Flicker to utilize existing storage buildings for 12 months, at which time the conditional use permit would either have to be renewed or the buildings taken down or be brought into compliance with the Monticello City Ordinances. Mr. Flicker has indicated that he will be taking down the storage building that is furthest west of Highway 25 and will be utilizing the first storage building as an accessory use to the principal use of the building now being considered. This will bring the storage building into compliance with Monticello City Ordinances. Additionally, it should be pointed out that Mr. Flicker intends to utilize only the North portion of the former Fullerton Lumber site and the South portion, or that abutting the intersection of Highway 25 and 3rd Street, is to be held for future Bale. This area should be landscaped in its entirety at the time of the building permit request, or a variance will be necessary. Mr. Flicker is aware of the provision and hopes to sell the property prior to the issuance of a certificate of occupancy, thereby bringing the building into compliance with Monticello City Ordinances. One other item that should be mentioned is that Main Flicker does intend to provide 18 parking spaces for his planned appliance store, and altogether, according to the Monticello City Ordinances, he requires ;X spaces. However, it should be pointed out that he is being assessed for 23 spaces under the 1974 parking lot downtown improvement project, and therefore, by being assessed for 23 and providing 189 he actually has an excess of =$ parking spaces. C. Wrightco Products - Building permit request is for a 39900 square foot steel building for cold storage of Wrightco Products. It should be pointed out that adequate parking is now available even with the addition of the Proposed building. Additionally, the City Council initially decided to allow Wrightco Products one access opening to the weigh scale and would consider a second access opening if it was necessary to allow this opening for their new building. This now build- ing will be situated behind the weigh scale and the parking — 9 — 6/12/78 ramp will be sloped towards the building with a graded ramp, and therefore, it will be impossible for trucks to pull in off of Locust Street into the weigh scale and turn around on Wrightco Products property, and a second access is being requested. Additionally, Centra Sots is also requesting that the weigh scale be allowed two accesses for their purposes since they have many trucks coming from their facility that do use the weigh scale and it is desirable to them to have the two access openings otherwise it would be impossible for the trucks to turn around. In talking to the Engineers, it is still possible to use Linn Street as a truck route instead of Locust Street as both of these streets have been designed for a 9 ton load. A possible truck route in the future could be then 4th Street from Highway 25 to Linn Street, and then Linn Street from the corner of 4th to Highway 75. / Applicants have been made aware of all other building permit provisions and zoning ordinances and no other variances or conditional use permits are necessary. POSSIBLE ACTION: Consideration of approval of above building permit requests. AGENDA ITEM 10 - Consideration of Extension of Variance for Overhanging Sign for Monticello Ford, Inc. As you may recall, a variance was grantu+ to Monticello Ford, Inc. to allow two signs to project over the puL.i.c right-of-way by more than 18" up to June 309 1978. 1 Enclosed, please find a letter from Monticello Ford, Inc. requesting that the variance be extended to August 319 1978, to allow the completion of their building. 1 POSSIBLE ACTIN: Consideration of extension of variance. REFERENCES: Enclosed letter from Monticello Ford, Inc. AGENDA ITEM 11 - Considerotion of Approval of Temporary On -Sale Malt Liquor License - Lions Club. The Monticello Lions Club is again requesting a temporary license to sell 3.2 beer on the 4th of July as part of the Independence Day colebration. This celebration takes place in the Bridge Park and a license was approved lest year for this same event for the Lions Club. Minnesota Statute 340.02 does a' -low for the loaaar_e of a �eltemporary 3.2 license for ouch organizations. POSSIBLE ACTION: Consideration of approval or denial of temporary 3.2 license. - 10- 6/12/78 AGENDA ITEM 12 - Request of Change of Lot Line - Henry Doerr. Henry Doerr is requesting to move a lot line in his subdivision to change a lot size from 110' in width to 96' in width and widen the abutting lot from 80' to 94'. By moving these lot lines, Mr. Doerr will be able to have two lots of approximately the same size enabling them to be large enough for future building plans. According to the City's ordinance, all subdivisions of land of this nature must be approved by the Planning Commission, the City Council and a certificate of survey provided along with a park dedication unless waived by the City Council. Since these lots lie in Doerr Estates and Roden Acres, sub- divi5icn6 w'-'cl, k,ruwlv.sly ih.v. LcLueai,ea parK iand to the City. The Planning Commission recommended no park dedication in this case and recommended approval of the new lot line. POSSIBLE ACTION: Consideration of approval or denial of / lot change. REFERENCES: Plat maps available at City Hall. AGENDA ITEM 13 - Consideration of Ratification of Contract with International Union of Operating Ehgineers Local #49. AFL-CIO. The City's union committee of Arve Grimeme and Gene Walters has been having several negotiating sessions along with our Attorney, Mike O'Connor, and myself with the Local 49 and the Union Steward relative to the above contract. The former contract expired on March 31, 1978. Enclosed, please find a copy of the contract that has been recommended for ratification by the abovo-mentioned union committee. This contract has been voted upon and approved by the union membership, and it is for a two-year period of time commencing April 1, 1978 and going until March 31, 1980. This contract is like the previous contract except for the following items: 1. Probationary period for employees working in a governmental program ouch as CEPA has been changed to read - "6 months plus 2 months beyond the termination of the government Holding or sponsorship with respect to that employee". Previously, this provision had road - "6 months of proba- tionary period plus an additional 6 months beyond the termination of the funding". 2. A now schedule was inserted for the cost of the City's group medical insurance plan. On the proviouo contract, the old insurance schedule totalled $312.04 for the four employees, and the now contract would total $411.66 as of April 1, 1978 with an additional $5.00 increase per man if there should be an increase at April 1, 1979. In effect, than, the City is picking up 100% of the inmuranco cost for the employees including a recent increase at the commencement of the contract plus would be picking up a $5.00 increase per 6/12/78 man should there be another increase after April 1, 1979. 3. Wage Scale - wages have been recommended for approval as follows: April 1, 1978 top rate would be $5.90 per hour April 1, 1979 this 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. As you can see by the above changes, there are no management prerogatives that have been changed from the previous contract, and I think this is quite important and was a major concern to the committee and to our Attorney in negotiating the provisions of the contract. POSSIBLE ACTION: Consideration of ratification of union IV contract. REFERENCES: Copy of union contract enclosed. AGENDA ITEM 14 — Consideration of Approval of Final Payment — General Contractor — City Hall Improvement Project. The Architectural Alliance is recommending final payment to Henry 0. Mikkelson and approval of change order No. 3. Change order No. 3 is a deduction from the City Hall Improvement Project of $441.00 relative to the unused portion of the signage allowance for the new City Hall. In effect, we will have a $441.00 deduction. Final payment then is recommended for $17,313.00 which completes the contract with Henry O. Mikkelson. It should be pointed out b� that all punch list items have been satisfactorily taken care of, and the punch lists are yet to be done and completed for the electrical and mechanical contractors, Haskins Electric and Rainbow Mechanical. POSSIBLE ACTION: Consideration of approval of final payment request for Henry 0. Mikkelson and Company. C.0 e3 AGENDA ITEM 15 — Consideration of Requiring Only Citi Council Approval for Building Permits Other Than Single Family Residences. According to Monticello ordinances, it is necessary to have all building permits approved for other than a single family residence except for minor alterations or repair by the Planning Commission and the City Council. Oftentimos this presents a problem, since the Planning Commission only meets once o month and an individual or business may come in after the planning co=iasion meets and it will take 5 to 6 weeks to get approval for a building pormit. — 12 — 6/12/78 At their last meeting, the Planning Commission did recommend that building permits not be required to go before the Planning Commission if there wasn't a variance or rezoning request being made. Since the City has adopted a good set of zoning ordinances and has hired a dill -time building inspector, the Planning Commission felt it was unreasonable to have developers wait this long a period of time to get a building permit approval if they met all the City's ordinance provisions and met the building code. POSSIBLE ACTION: Consideration of eliminating Planning Commission approval on building permits unless a special use, conditional use, variance or rezoning was necessary. AGENDA ITEM 16 - Interchange 94 lighting System - East Side of Monticello. Ed McCulloch, with the Brainerd office of the State Highway Department, has indicated that the State Highway Department would be lighting the Interchange on the East Side of Monticello on I-94 some tine in spring or mer of 1979, and had asked whether the City Council of Monticello would be interested in bringing in the lighting system into the downtown area. Mr. McCulloch didn't think the City would be interested in 1` V such a project at this time, but would like an official response from the City Council relative to their interest in such a project. 11 POSSIBLE ACTION: Consideration of possible lighting of �p1 County Road 75 to the Interchange 94 :est of Monticello. AGENDA ITEM 119 - Building Permit Request - N.S,P, ,)CelLoren Klein, Building Inspector, will be present at the meeting to provide the details for this item. -13- MOJTICELLO CITY COUNCIL REGULAR MEETING b 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 Policy. 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, whother or not the services are made immediately available. Future extensions of storm sewer improvements may result in additional assessments for areae that were previously assessed. D. When a lift station is determined to be of general or partial beno- fit to the City, it should be paid for wholly or partially through sewer user chargee, rather than ad valorem taxes. H. Street improvement assessments 'should be based over a ten-year period, rather than 20-year3. F. A developer of o 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 woo 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 sesesoments. (See Supplement 6/12/78 N1.) J4 6/12/78 2. Public Hearing — Proposed 1978 Improvement Projects. A public hearing was held for the following proposed improvements: (A) Extension of Curb, Cutter and Permanent Street Improvements from the intersection of 6th and Pine Streets to 6th and Cedar Streets. (B) Extension of Sanitary Serer, Watennain, Storm Sewer, Curb, Gutter, and Permanent Street Improvements along all streets within the following subdivisions: Sandberg South Plat Riverside Plat Country Club Manor Plat Kampa Estates Plat (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, uatermain, 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 2, 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 prosent 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), o motion woe 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 Kamen Estates Plot 6/12/73 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 Ehgineer, recommended that along with sewer extension permanent streets, curb and gutter and storm sewer facilities should be constructed at the same time. W. 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 Grim smo, seconded by Blonigen and unanimously carried. Item (E) extension of Watenmin and Bituminous Surfacing on Chelsea Road from Lot 4, Block 2, Oakwood Industrial Park to the east of Lot 5, Block 2, Oakwood Industrial Park was approved an 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 Groasnickle 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 specifics - tions for the 1978-1 Improvement Project as approved. (Resolution #1978-10) 3. Public Hearing - Variance Request on Sidoyard 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 Crimamo, seconded by Blonigan and unanimously carried to approve the variance request provided the drip line remained on his property. -3- J� 6/12/76 4. Consideration of Ordinance Amendment, Conditional Use Permit, and Building Permit Request for a Tom Thumb Suoerette - 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 comer 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 nrdinance Amendment would be necessary to allow a motor fuel station/ conveni,,nce food store. The present City Ordinances allow a fuel station as a conditional use within a L1-3, 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 B-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 Councils Area 1 - Approximately 120 acres located between County Highway 05 and Interstate Highway 494, north of Prairie Road, from Rrl (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 N -o -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 Arco 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- /e 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 IIectro 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 M 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 IIectro 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 (Li&..t Industrial). Voting in favor: Grimsmo, Johnson Opposed: Blonigen and White. Motion died as 4/5's vote of the Council is needed for rezoning approval. Regarding the rezoning of Lots 1 through 10, Block 30 and Lots ] 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 Kirecht, 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, 6/ 2/73 After hearing the testimony from the property owners involved, a sx>tion 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 Nelson. Mr. Leo Nelson requested a conditional use permit to build a tri-plex apartment on the Northwest corner of 4th and Wright Streets in Monticello. Since this area is currently zoned as R-21 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 Plaza 25 Sam Peraro. Mr. Sam Poraro 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 Plaivdng 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 42t000 square feet. These lot sizes are less than the minimum requirement of 2g 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 Pot Clinic and would have less than the acre minimum requirement, a variance would have to be granted for allowing these lots to be developed without sewer and water. A motion woo 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 21 acre minimum requirement for lots without city sewer and water. B. Public Hearing - Variance Request from 2� Acro Minimum Lot Size Without City Sewer and Water and Conditional Use and Building Portrait Request _ Automatic Garage Door Company, Inc. The Automatic Carage Boor Company,manufacturers of overhead garage doors, were proposing to build a 9,000 square foot combination warehouse/office apace 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 2* 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 2k 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 Building Permits for River Terrace Park. Masa Flicker. and Wriahtco Products. A. The River Terrace Trailer Park requested a building perndt 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 41000 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 425 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 loot Improvement Project, there is actually an excess of 14 parking spaces that will be sold with the South portion of the lot. Motion was made by P. White, seconded by A. Grimsmo and unanimously carried to approve the building permit for Mare Flicker's appliance store. C. Wrightco Products, Inc. requested a building permit for a 3,900 square foot steel cold storage building. Provisiono for parking appear adequate and plane 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 romp, and therefore, -7- /4 6/12/7 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 4th 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 4th 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 Sim for Monticello Ford, Inc. A variance was previously granted by tris 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 Temoorary On -Sale Malt Liquor Licensc - Lions Club. Monticello Lions Club requested a temporary license to sell 3.2 beer on the 4th 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. Blonigan, seconded by P. White and unanimously carried to approve the temporary ono -day beer license to the Lions Club. 12. Request of Change of Lot Line - Henry Doerr. Henry Doerr requested to move a lot line in his subdivision to change a lot size from 110' in width to 961 in width and widen the abutting lot from 80' to 941. By moving those 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 arty pork 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. -8- 6/12/78 Motion was made by Blonigen, seconded by Grimsmo and unanimously carried to approve this change in lot lines. 13. Consideration of Ratification of Contract with International Union of Operating Fhgineers 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 #i9 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 jould 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 $1.41.00 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 Comnd scion and the City Council. Oftentimes, this presents o problom, 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 lost meeting, recommended that building permits not be required to go before the Planning Commission if there wasn't o variance or rezoning request being made. —9— /G 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 475. Since the Lighting of County Road #15 does not appear feasible at this time, notion 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 Perndt Request - Northern 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. AnDroval of Minutes. Motion was made by A. Orimsmo, 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. Kichnrd Wo(lf� ler Assistant A istrator RW/n5