Resolution 18-25

WHEREAS,     Tejpal Kapoor, as owner of TAMANG Enterprise, LLC, is the owner of the property located at 616 S. Main Street, Monticello, Iowa, same currently being used as a gas station and convenience store, and

WHEREAS,     At the time of purchase Tejpal Kapoor, and prior owners, were advised, among other things, that the pole signage on the property did not meet the requirements of the Monticello City Code, and

WHEREAS,     The City Council allowed the business to open and use the signage with the understanding that the Planning & Zoning Board should review the existing signage and the future of said signage, and

WHEREAS,     The Planning & Zoning Board reviewed the existing signage and the desire of the owner to not only continue to use said signage but to add a digital sign to the pole sign located within the Street ROW, and

WHEREAS,     The Planning & Zoning Board considered the merits of the owner’s request and recommended to the Council that the pole signs as currently exist be allowed to remain and that a digital sign be allowed to be added to the pole sign within the ROW, with the understanding that said digital sign could extend no closer to the street than the existing signage on said pole and that said digital signage could not be wider than any existing signage on said pole, with the further understanding that the continued operation of a service station and convenience store at this location was a condition precedent to the continued use of said signage, and

WHEREAS,     The Council determined it appropriate to permit the continued use of both signs with the addition of a digital sign as described previously herein, consistent with the recommendation of the Planning & Zoning Board, with the understanding that an agreement would be drafted and approved by the property owners and the City confirming the understanding of the parties that the signs would be required to be removed if business operations at this property cease for a period of 60 or more consecutive days at any point in the future, that a building permit would be required for the addition of the digital sign, and other requirements and/or conditions deemed appropriate, with the agreement, when drafted and signed by the owner returning to the City Council for final approval.

NOW, THEREFORE, BE IT RESOLVED that the City Administrator is hereby directed to draft an agreement between the City and the property owner consistent with the provisions set forth herein, with said agreement to be brought back to the City Council for final approval after the approval of same by the property owner.

                        IN TESTIMONY WHEREOF, I have hereunto                                    subscribed my name and casued the Great Seal

                        of the City of Monticello, Iowa to be affixed hereto.

                        Done this 5^th day of February, 2018.

Brian Wolken, Mayor

Attest:

Sally Hinrichsen, City Clerk