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City Council Minutes 04-28-1980MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL April 28, 1980 - 7:30 P. M. Members Present: Arve Grimsmo, Dan Blonigen, Fran Fair, Ken Maus, Phil White. Members Absent: None. 1. Public Hearing - Consideration of a Variance Request from Parking Ordinance Requirements - Kelly Driscoll. Mr. Kelly Driscoll, who is considering opening a bicycle sales and service store on Lot 10, Block 16, along Highway 25, requested a variance from Monticello's curbing and hardsurface parking requirements along with a variance to have a residential use and a commercial use on the same parcel. Currently, the ordinances allow only one principal use per parcel without a variance, and in addition, the parking area provided on the parcel is not hardsurfaced. Mr. Driscoll requested the variance for one year from the hardsurfaced parking requirements, in that he is only leasing the property from the owner, Mr. Clifford Olson, and felt that at the end of one year he would be in a better position to determine if there was a market in the Monticello area for his bicycle sales and service business. Mr. Clifford Olson indicated to the Council that the property, although not aesthetically pleasing, would not be economically feasible for him to tear the building down at the present time or do extensive remodeling. Although the Council noted that the area in question could use improve- ments appearance -wise, a motion was made by Phil White, seconded by Fran Fair to approve the variance request from parking lot hardsurface and curbing requirements along with a variance to allow two principal uses per parcel for a period of one year contingent upon a bond in the amount of 150% of the estimated cost to complete the parking requirements is posted. Voting in favor: Fran Fair, Dan Blonigen, Phil White, Ken Maus. Opposed: Arve Grimsmo. 2. Public Hearing - Consideration of a Variance from the Sideyard Setback Requirements and Minimum Lot Size Requirements, and Request for Subdivi- sion of Property - David Munson. Mr. David Munson, who has recently purchased Lot 2, Block 11, Townsite of Monticello, requested the following variances: A. Variance to build an extension onto existing home on south half of Lot 2, Block 11, within 8' of the sideyard property line. (20' setback is required in an R-3 zone.) COUNCIL MINUTES - 4/28/80 B. Subdivision of lot into two parcels - one being 6,634 square feet and the other parcel being 3,596 square feet. C. Variance from the minimum lot size of 10,000 square feet in an R-3 zone for both of the newly created parcels. Mr. Munson's intent was to add to the existing home that is currently situated on the lot, and also build an additional duplex on the newly created lot, which would be on the northerly portion of the existing parcel. The duplex, as proposed, would be on the lot which would be 6,634 square feet in area. The Planning Commission, at their last meeting, recommended denial of all three variances requested since the lot sizes in question were not even close to approaching the City ordinance requirements of 10,000.square feet each. Motion was made by Dan Blonigen, seconded by Phil White and unanimously carried to deny the subdivision request. 3. Public Hearing - Variance to Allow Parking in the Sideyard in an R-2 Zone and a Conditional Use Permit Request for an Administrative Office_ Addition - Independent School District #882. Superintendent Shelly Johnson, for the ISD #882, requested a conditional use permit to allow a 5,916 square foot addition to the administrative wing on the west end of the existing Junior/Senior High School. Since the school is located in an R-2 zone, any additions to the school come under a conditional use permit. As part of the proposed office addition, ten (10) parking spaces would be provided which would be located in the sideyard, which also needs a variance request. According to City ordinances, 103 parking spaces are required for the school and currently, the property has sufficient space for 250 cars, not counting the proposed ten additional spaces for the administrative office building. Mr. Johnson indicated that, although at times there are parking problems along Washington Street next to the high school with kids parking along streets rather than in the parking lots provided, the item is being addressed by the student council to hopefully work out a solution amongst the students where they will park on school grounds rather than on City Streets. Area resident, Art Dorn, felt that education is needed to get people to use the school parking lots rather than the City streets, but also, the City should enforce the no -parking regulations along Washington Street on an equal basis if that is the intent of the City. The Planning Commission at their last meeting recommended granting the conditional use permit for the administrative office building and also the variance to allow parking for the administrative offices to be completed in the sideyard. -lotion was made by Fran Fair, seconded by Dan Blonigen and unanimously carried to approve the conditional use permit for the administrative office building and also the variance request for parking in a sideyard. - 2 - COUNCIL MINUTES - 4/28/80 4. Public Hearing - Consideration of Rear Yard Setback Variance - Mel Wolter's Proposed Office Building. Mr. Mel Wolters, who is proposing to build a 5,600 square foot office building on Lots 9 & 10, Block 5, Original Plat of Monticello, requested a variance to build the new building within 10' of the rear property line instead of the 30' setback as required by City Ordinances. Mr. Wolters indicated the reason for the request was to allow him to meet the parking requirements and to better utilize his property by using part of the building as a retaining wall rather than building a separate retaining wall to fit the property. The abutting property owner to the south of the proposed office building, Holiday Gas Station, expressed concern in a letter as to what affect Mr. Wolters variance request may have on their obtaining a similar variance should the necessity ever arise. Other than this concern, Holiday Gas Station representative did not oppose the variance requested. Motion was made by Phil White, seconded by Ken Maus and unanimously carried to approve the requested variance for a 10' rear yard setback. 5. Public Hearin - Variance on Off -Street Parking Requirements and Conditional Use Permit to Allow a Loading Dock in a Front and Side Yard - Clow Stamping Company. Clow Stamping Company requested variances to allow three driveway open- ings of 30' rather than 24' as allowed by the ordinance, and additionally, to develop 61 parking spaces rather than the required 64 spaces, along with a conditional use permit to allow loading docks for their business in both the side and front yard of a corner lot. The proposed location of the 30,625 square foot building is in Lot 5, Block 2, Oakwood Industrial Park. Reason for the request is that Clow Stamping feels it is necessary to have 30' driveway openings instead of 24' openings because of the large amount of truck deliveries that they will be having. City ordinances require loading docks that are not in a rear yard to be a conditional use permit and should be based on the following factors: A. Loading dock shall not conflict with pedestrian movement. B. Loading berths shall not obstruct the view of the public right-of-way from off- street parking access. C. Loading dock shall comply with all other requirements of this section. The Planning Commission met prior to the Council Meeting on April 28, 1980, and recommended that the conditional use permits for the loading docks along with the driveway openings and 61 parking spaces be approved. Motion was made by Ken Maus, seconded by Fran Fair and unanimously carried to approve the 30' width driveway openings, loading docks in the front and sideyard and 61 parking spaces rather than 64 as required by ordinance. - 3 - COUNCIL MINUTES - 4/28/80 6. Consideration of Rezoninq Request from R-1 to R-3 - Harold Puff. Property owner Harold Ruff requested rezoning of a certain parcel of land located east of Kampa Estates and west of the NSP maintenance building along County Road 39 from R-1 to R-3 for the development of multiple family dwellings by Tom Maxwell. Due to the request of the developer and property owner, this item was postponed until a future Council meeting. 7. Consideration of a Conditional Use Permit for a Parking Lot in a Planned Unit Development - McDonald's. McDonald's requested a conditional use permit for the development stage of the third parcel of land in the I-94 Tri -Plaza, referred to as Parcel "A". McDonald's intention was to develop this parcel into an overflow area for their present restaurant facility located on Parcel "B" of the I-94 Tri - Plaza. Because this lot is within a Planned Unit Development (PUD), a conditional use permit is necessary whenever any development occurs on any of the specific parcels. As part of the development of this lot for parking, McDonald's requested a temporary variance from the landscaping provisions since it was the intention of McDonald's to coordinate the development of their landscaping on this parcel with the Freeway Standard Station landscaping on the adjacent parcel, which would be completed shortly. In addition, McDonald's repre- sentatives have indicated that traffic signs to direct traffic flow will be installed along with lighting that is similar to the present lighting at the McDonald's facility. Motion was made by Phil White, seconded by Dan Blonigen and unanimously carried to approve the conditional use permit for McDonald's to develop Parcel "A" of the I-94 Tri -Plaza into a parking lot. 8. Consideration of a Conditional Use Permit for a Tire Shop - Jay Morrell. Jay Morrell, owner of the Stor-A-Way building on south Highway 25,requested a conditional use permit to lease a portion of the building for a tire shop. In a B-3 commercial zone, a conditional use permit is necessary for a tire shop. In addition, Mr. Morrell requested two variances on the parking lot driveway area. Mr. Morrell proposed to hardsurface a 40' area on the south side of the building which would allow access from the south side for the tire shop, and requested that the additional area to the south and west of this new concrete parking area only require Class 5 or gravel for overflow parking. As part of this request, a variance would be needed to eliminate the perimeter curb on the south side of this area since he may one day plan to hardsurface the additional overflow parking area. - 4 - COUNCIL MINUTES - 4/28/80 The Planning Commission, at their last meeting, recommended approval of the two variances allowing the overflow parking area to be graveled, and also eliminate the curb barrier around the newly proposed hardsurfaced parking. Motion was made by Dan Blonigen, seconded by Phil White to approve the conditional use permit for a tire shop at the Stor-A-Way building, along with the variance from the hardsurface and curbing requirements, provided a bond is submitted for 150% of the estimated cost of completing the improvements for a period of three years. Voting in favor: Dan Blonigen, Phil White, Arve Grimsmo, Fran Fair. Abstaining: Ken Maus. 9. Consideration of a Conditional Use Permit to Allow a Loading Dock in the Side.yard of a Corner Lot in an I-1 Zone - Best -In -Webb Printinq. Best -In -Webb Printing Company requested a conditional use permit similar to that of Clow Stamping Company to allow a loading dock in the sideyard of a corner lot in the Oakwood Industrial Park. The loading dock is part of their plans on their current addition being completed at their existing building site. The Planning Commission reviewed this item prior to the Council Meeting, and recommended approval of the conditional use permit for the loading dock facility. Motion was made by Phil White, seconded by Fran Fair and unanimously carried to approve the conditional use permit for the loading dock in a side yard. 10. Consideration of a Resolution Ordering Feasibility Report on the Extension of Improvements Alonq Prairie Road. A petition was filed by Mel Wolters, owner of Lots 20, 21, 22, 23, 24, Block 4, of The Meadows Subdivision plat, requesting that the City extend sewer, water and bituminous street surfacing from its present termination point at the intersection of Prairie Road and Hedman Lane, to a point approximately 330' west along Prairie Road. This improvement will allow Mr. Wolters to develop all lots along Prairie Road, with the exception of Lot 11, Block 2, and the reason for not requesting services and improvements all the way to the last lot is that it is the intention of the developer to eventually go down Hedman Lane within the Meadows Plat itself, to service Lot 11, rather than to come off directly from Prairie Road. Although Mr. Wolters has more than 30% of the affected property proposed to be served by these improvements, the Council questionned whether the abutting property owner on the other side of Prairie Road has been con- tacted regarding possible assessments he may receive. Mr. Wolters indicated that he will be contacting Mr. Christopher, abutting property owner, in regards to his intentions for future development of his property. - 5 - COUNCIL MINUTES - 4/28/80 Motion was made by Phil White, seconded by Dan Blonigen and unanimously carried to adopt a resolution ordering the preparation of a feasibility report by the City consulting engineer, Orr-Schelen-Mayeron & Associates, on the requested improvements along Prairie Road. The feasibility report will study alternatives in regards to the extension and the proposed assess- ments for all abutting property owners. (Resolution 4/28/80 #8)(Exhibit #1). 11. Consideration of Resolution Adopting Guidelines for Bonds Issued Under the Authority of the Municipal Industrial Development Act. The purpose of this item was to consider adopting guidelines to be used by the City Council in determining whether to issue industrial revenue bonds for any particular applicant. Guidelines and the application form were formulated after the City Council, at its previous March 24, 1980 meeting, recommended that this item be reviewed. If adopted, the resolution would serve as guidelines and the City would have the right to reject any applicant or waive any of the guideline requirements as it felt was necessary and in the best interest of the City. Although the Council discussed whether strict guidelines may be a hindrance to development in the City of Monticello, it was felt that guidelines were necessary and they would always have the authority to reject or waive any of the requirements as they felt necessary. Motion was made by Ken Maus, seconded by Phil White and unanimously carried to adopt the resolution adopting guidelines for bonds issued under the authority of the Municipal Industrial Development Act. (Resolution 4/28/80 #9) (Exhibit #2) 12. Consideration of Certifying Water Hook -Up Charge and Service Line as Part of the 1977-3 Street Assessment - Vera Diedrich. As part of the 1977-3 Street Improvement Project, water service was installed to the property of Vera Diedrich, located at 612 West 6th Street. This new water service, along with approximately 63 other water services, were installed as part of the street project to empty lots and existing homes which did not have a water service prior to the street improvement project. The $526 cost for each service was originally picked up by the City as part of the ad valorem portion of the project and would be charged to the property owner only if and when the service was used. Mrs. Diedrich received an information letter at the time of the project informing her that replacements of old galvanized lines would be done at no cost, and Mrs. Diedrich misunderstood the letter and thought she was receiving a water service at no cost. She recently hooked up to City Water, and as a result, was quite upset at a billing in the amount of $526 for the service since she thought it would be at no cost. - 6 - COUNCIL MINUTES - 4/28/80 Because of the apparent misunderstanding created by her receiving a letter intended for only people who had galvanized water line replacements, motion was made by Fran Fair, seconded by Dan Blonigen and unanimously carried to approve certifying the $608 charge for the new water service as an addition to Vera Diedrich's 77-3 street assessment over the remaining 19 years. 13. Annual League of Cities Conference - June 11 thru 13, 1980. Motion was made by Ken Maus, seconded by Phil White and unanimously carried to approve authorization of City Council members and the City Administrator to attend the annual league of cities conference to be held June 11 - 13th in Duluth, Minnesota. 14. Approval of Bills for April, 1980 and Minutes of April 14, 1980 Regular Meeting. Motion was made by Phil White, seconded by Ken Maus and unanimously carried to approve the bills for April as presented, along with the Council minutes of the meeting of April 14, 1980. (See Exhibit #3). 15. Ratification of Union Contract. The existing labor agreement between the City of Monticello and the Inter- national Union of Operating Engineers Local 49, which some of the employees of the City of Monticello belong to, expired April 1, 1980. A new labor agreement, after negotiating sessions, has been reached with the union, establishing new wage scales calling for a 50� per hour raise effective April 1, 1980 and an additional 50� per hour raise effective October 1, 1980. The new two-year contract also provides for an additional 40¢ per hour raise in the second year of the contract starting April 1, 1981, putting the top rate for the union employee at $7.70 per hour in 1981. The combined increase over the two years amounts to $1.40 per hour for the top rate. Motion was made by Phil White, seconded by Ken Maus and unanimously carried to approve the new two-year labor agreement with the International Union of Operating Engineers Local 49 as presented. 16. Miscellaneous. The second meeting in May, scheduled for the Council on May 26, 1980, was rescheduled to May 27, 1980, Tuesday, because of Memorial Day. Meeting adjourned. Rick Wolfst ler Assistant Aldministrator RW/ns - 7 -