Loading...
City Council Minutes 09-12-2005MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday September 12, 2005 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf. Members Absent: None. 1. Call to Order and Pledge of Allegiance. Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes August 22, 2005 regular Council meeting. Tom Perrault noted typing errors in items #5C, # 11 and # 13. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE AUGUST 22, 2005 REGULAR COUNCIL MEETING WITH TYPOGRAPHICAL CORRECTIONS. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of August 29, 2005 Budget Workshop meeting. Tom Perrault questioned who had seconded Wayne Mayer's motion to set the levy amount at $6,750,000. Glen Posusta indicated he had seconded the motion. Tom Perrault felt the language about liquor store funds and funds borrowed by the EDA was not well written. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE AUGUST 29, 2005 BUDGET WORKSHOP MEETING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. At this time Bruce Westby, the new city engineer and Daniel Hennessey, the new building inspector were introduced. Wayne Mayer added a discussion on Exhibit Z's and approving items with contingencies. Tom Scott clarified that the Council was actually going to go into a closed session at this meeting. He didn't feel the wording of the agenda item clearly reflected that. Clint Herbst added to the agenda consideration of purchase of a trailer for the Street Department, hard court construction at the Fourth Street Park and City employees working for neighboring communities. 4. Citizen comments, petitions, requests and complaints. Carrie McDougall, 101 Hillcrest Circle asked if an item was on the consent agenda could it be pulled if residents wanted to comment on it. Mayor Herbst indicated that the Council could Council Minutes - 9/12/05 pull the item and allow additional discussion. Sheila Nelson, 4762 Eagle Ridge Lane, asked if consent agenda item #5D(Blue Chip Development) could be pulled for discussion 5. Consent aLyenda: A. Consideration of approving hires and departures. Recommendation: Ratify hires and departures for Building Department, Streets, Water and MCC as identified. B. Consideration of approving contribution from Land of Lakes Boys Choir to MCC. Recommendation: Approve a resolution accepting the contribution and authorizing uses of funds as specified by donor. C. Consideration of approving temporary liquor license for the Monticello Lions Club at Pioneer Park for September 23, 2005. Recommendation: Approve temporary liquor license of the Monticello Lions Club for September 23, 2005. D. Consideration of a request for an amendment to a planned unit development allowing the construction of an additional multi -tenant building on a single lot in an I-2 District. Applicant: Blue Chip Development. Recommendation: Approve preliminary plat for Blue Chip Development with conditions noted below based upon the findings that the proposal would comply with the City's Comprehensive Plan and long term development goals for the area and to approve the conditional use permit for concept and development stage PUD with conditions noted below based on a finding that the use is appropriate for the zoning district and the proposed site. 1. The applicant shall provide proof that there will be no substantial conflict in the operating hours of the buildings who are proposing to share parking facilities. 2. All parties involved in the joint parking agreement shall execute a contract approved by the City Attorney and filed with the County Recorder. 3. Applicant shall propose an alternate parking lot configuration for the new building that would provide better circulation and drainage subject to City staff review and approval. 4. The landscape plan must be revised to show the required number of plantings for the overall site as well as the residential buffer yard subject to City staff review and approval. 5. The applicant must submit plans showing the proposed locations and dimensions of any outdoor storage, if any, as well as the location and screening materials for trash enclosures subject to City staff approval. 6. Prior to consideration of a final plat, a lighting plan must be submitted compliant with regulations outlined in Section 3-2.H of the Zoning Ordinance 7. The applicant shall submit a signage plan compliant with Section 3-9.E.2 of the Zoning Ordinance. 8. All grading, drainage and utility plans and easements are subject to the review and approval of the City Engineer. 9. Recommendations of other City staff, Planning Commission and/or City Council. 2 Council Minutes - 9/12/05 E. Consideration of approving preliminary plan and final plat for Gould's Addition. Recommendation: Approve a resolution adopting the preliminary and final plat for Gould's Addition subject to the addition of drainage and utility easements as required by the Monticello Subdivision Ordinance. F. Consideration of a request for a conditional use permit to allow a drive-through facility in the Central Community District and to allow joint parking and drives and consideration of a request for a variance from parking lot standards as required by the Monticello Zoning Ordinance - Applicant: Master's Fifth Avenue. Recommendation: Approve the conditional use permit to allow a drive-through facility in the CCD District and to allow for shared parking and drives subject to the conditions noted below based on the findings that the application would comply with the City's Comprehensive Plan, Downtown Revitalization Plan and long-term development goals for the area. 1. The applicant must submit a revised landscape plan showing screening of the parking and drive- through areas from adjacent properties and the public street. All proposed parking lot islands must also be landscaped. 2. The applicant shall construct the on -street angled parking spaces at his own expense, and pay a fee to the general downtown parking fund in order to ensure that adequate and required parking is provided. 3. On -street parking areas shall be redesigned to show the corner between the on -street parking areas as 40 feet form the corner to the curb and to remove all handicap stalls from the on -street areas to the off-street parking area. 4. The applicant must submit proposed building materials, subject to City staff approval. Material changes to the building quality or landscaping shall require further review by Planning Commission and City Council. 5. The applicant shall install street lights along Third Street and Locust Street consistent with the existing ornamental street lighting pattern. 6. The applicant shall submit a detailed signage plan upon building permit application which is consistent with the City's Downtown Revitalization Plan and Section 3-9 of the Zoning Ordinance. 7. All easements, grading, drainage and utilities are subject to the City Engineer's review and approval. 8. Recommendations of other City staff, Planning Commission and/or City Council. G. Consideration of final plat of 90'" Street 3rd Addition. Recommendation: Adopt a resolution approving the final plat of 90'" Street 3rd Addition. H. Consideration of a request for a Conditional Use Permit for a Concept Stage Planned Unit Development for a multi- and single-family residential development. Applicant: Ocello, LLC. Recommendation: Approve a conditional use permit for concept stage PUD based on the comments from the staff report for the September 6, 2005 Planning Commission meeting based on the finding that the concept stage PUD is consistent with the Comprehensive Plan. Consideration to adopt a resolution approving the elimination of parcels from TIF District No. 1-22 located within Central Monticello Redevelopment Project No. 1. Council Minutes - 9/12/05 Recommendation: Adopt a resolution approving the elimination of parcels from TIF District No. 1-22 located within Central Monticello Redevelopment Project No. 1 in the City of Monticello. Items #5C, #5D,#5F and 45H were pulled from the consent agenda. GLEN POSUSTA MOVED TO APPROVE THE CONSENT AGENDA WITH ITEMS #5C, 45D,#5F AND #5H BEING REMOVED. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. #SC Liquor License - Lions Club: Glen Posusta stated he pulled this item because he wanted to highlight this fund raising event for Sight First, a non-profit organization which provides eyeglasses and eye operations for those who need them. GLEN POSUSTA MOVED TO APPROVE THE TEMPORARY LIQUOR LICENSE FOR 3/2 BEER TO THE MONTICELLO LIONS CLUB FOR SEPTEMBER 23, 2005 AT PIONEER PARK. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #SD: Conditional Use Permit - Blue Chip Development: Sheila Nelson, 4762 Eagle Ridge Lane stated that when they purchased their house they were told that this property would be used for a wildlife sanctuary and they object to any development taking place on the site unless the site is fenced. The fence would provide protection to the wildlife and would eliminate the noise from the proposed development. Clint Herbst questioned who supplied them with the information that the site was to be used for a wildlife sanctuary as he was concerned about misinformation being given out. Bret Weiss indicated that Ms. Nelson was referencing the ponding area adjacent to her property and the development is not going to change the fact that the area is used as a ponding area and nothing is going to be constructed in the ponding area. Glen Posusta indicated that the developer is going to be putting up a berm and planting trees. GLEN POSUSTA MOVED TO APPROVE THE PRELIMINARY PLAT FOR BLUE CHIP DEVELOPMENT WITH CONDITIONS NOTED BELOW BASED UPON THE FINDINGS THAT THE PROPOSAL WOULD COMPLY WITH THE CITY'S COMPREHENSIVE PLAN AND LONG-TERM DEVELOPMENT GOALS FOR THE AREA AND TO APPROVE THE CONDITIONAL USE PERMIT FOR CONCEPT AND DEVELOPMENT STAGE PUD WITH CONDITIONS NOTED BELOW AND BASED ON A FINDING THAT THE USE IS APPROPRIATE FOR THE ZONING DISTRICT AND THE PROPOSED SITE. The applicant shall provide proof that there will be no substantial conflict in the operating hours of the 4 Council Minutes - 9/12/05 buildings who are proposing to share parking facilities. 2. All parties involved in the joint parking agreement shall execute a contract approved by the City Attorney and filed with the County Recorder. 3. Applicant shall propose an alternate parking lot configuration for the new building that would provide better circulation and drainage subject to City staff review and approval. 4. The landscape plan must be revised to show the required number of plantings for the overall site as well as the residential buffer yard subject to City staff review and approval. 5. The applicant must submit plans showing the proposed locations and dimensions of any outdoor storage, if any, as well as the location and screening materials for trash enclosures subject to City staff approval. 6. Prior to consideration of a final plat, a lighting plan must be submitted compliant with regulations outlined in Section 3-2.H of the Zoning Ordinance. 7. The applicant shall submit a signage plan compliant with Section 3-9.E.2 of the Zoning Ordinance. 8. All grading, drainage and utility plans and easements are subject to the review and approval of the City Engineer. 9. Recommendations of other City staff, Planning Commission and/or City Council. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #SFMaster's Fifth Avenue Conditional Use Permit: Wayne Mayer questioned #7 on Exhibit Z asking if the review was going to be done by the new city engineer or WSB. Clint Herbst responded that if the new engineer felt comfortable doing the review he could do it or any overflow could go to WSB & Associates. Glen Posusta stated that while he would like to see the project go forward, he questioned the parking situation. If the project goes forward it should go forward with the required parking stalls. He felt if the angled parking was done on the east side of Locust Street as well as the west side of Locust Street and Third Avenue it should provide the required parking spaces. Brian Stumpf felt that angled parking was not appropriate in a residential area. In addition the residents would have to give up an additional 7' of land in order for angled parking to be constructed and he didn't think the property owners would be willing to do that. Clint Herbst shared the concern about adequate parking in this area. John Simola, Public Works Director, indicated that money collected for parking stall deficiencies does not cover the cost of acquiring any land for parking. City Planner, Steve Grittman reviewed the parking calculations for the development and had come up with a parking stall deficiency of 8 stalls. It was discussed whether agreements could be made with any of the nearby commercial properties for shared parking. Glen Posusta didn't feel it was the City's responsibility to purchase additional land for parking. Jeff O'Neill stated that although there were still 8 stalls short it bettered the deficiency from what it was. Clint Herbst disagreed with that comment stating he felt they should have the required parking and he didn't feel the City should have to drum up parking spaces for these developments. Jeff O'Neill stated that the developer had met the parking requirements for this phase and had corrected some of the parking deficiency created in the first phase. Clint Herbst reiterated that while the Council felt this was a good project the parking situation was a major concern. 5 Council Minutes - 9/12/05 Brad Johnson representing Barry Fluth stated that he felt the parking situation was greatly improved over what it was before. He stated the parking will be sufficient for the size building they are constructing. He noted that in most downtown areas there are a number of restaurants and limited parking so customers have to walk. Clint Herbst asked if any parking stalls were given up for the drive-through. Brad Johnson indicated no parking stalls were lost because of the drive-through. The Council commented on the landscape plan where the arrows show the traffic lanes in the development and questioned whether the area by the existing garage was wide enough to allow traffic to freely move in and out. It appeared to be only enough room to allow one car to pull in or back out. Glen Posusta stated that the City had taken great pains on the Monticello Travel Center site making sure that standards were met for access and the City seems to be abandoning those standards here. Brad Johnson indicated the area in question would be designated as employee parking. Brad Johnson stated they are requesting approval of the conditional use permit for the drive-through facility and if the variance for parking is required, they will come back for that at a future date. Clint Herbst felt the developer should make some contact with the commercial properties for shared parking. He also added that Exhibit Z should include the notation of the area designated for employee parking. GLEN POSUSTA MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THROUGH FACILITY IN THE CCD DISTRICT AND TO ALLOW FOR SHARED PARKING AND DRIVES SUBJECT TO THE CONDITIONS NOTED BELOW AND BASED UPON THE FINDING THAT THE APPLICATION WOULD COMPLY WITH THE CITY'S COMPREHENSIVE PLAN, DOWNTOWN REVITALIZATION PLAN AND LONG-TERM DEVELOPMENT GOALS FOR THE AREA AND THAT AN EFFORT BE MADE TO FIND ADDITIONAL PARKING FOR THE DEVELOPMENT. 1. The applicant must submit a revised landscape plan showing screening of the parking and drive-through areas from adjacent properties and the public street. All proposed parking lot islands must also be landscaped. 2. The applicant shall construct the on -street angled parking spaces at his own expense, and pay a fee to the general downtown parking fund in order to ensure that adequate and required parking is provided. 3. On -street parking areas shall be redesigned to show the corner between the on -street parking areas as 40 feet form the corner to the curb and to remove all handicap stalls from the on -street areas to the off-street parking area. 4. The applicant must submit proposed building materials, subject to City staff approval. Material changes to the building quality or landscaping shall require further review by Planning Commission and City Council. 5. The applicant shall install street lights along Third Street and Locust Street consistent with the existing ornamental street lighting pattern. 6. The applicant shall submit a detailed signage plan upon building permit application which is consistent with the City's Downtown Revitalization Plan and Section 3-9 of the Zoning Ordinance. 7. All easements, grading, drainage and utilities are subject to the City Engineer's review and approval. 8. Recommendations of other City staff, Planning Commission and/or City Council. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Co Council Minutes - 9/12/05 #SH Ocello PUD Residential Development: Tom Perrault stated he pulled this item because of the 13.3 acres of proposed park land dedication which he felt was too much land. He felt the developer should have a cash in lieu of land dedication noting that the City was getting ballfields with the Insignia Development. A cash dedication would allow the developer to use the land for additional housing units. Brian Stumpf stated he thought the City's goal was to reduce the number of townhome units. The proposed development would consist of 372 housing units of which 61 would be single family lots. He also asked about access to TH 25. Bret Weiss indicated that there will be an access point at the Featherstone development that will tie into a frontage road. The Kjellberg access will no longer exist. The frontage road is being proposed for 2009. Wayne Mayer said if the number of townhomes proposed are allowed to go in then he disagreed with Councilmember Perrault about the need for park land. Glen Posusta stated he didn't have a problem with the park land, he personally would rather have the developer keep the park land, construct the park and maintain the park rather than having the City owning it and maintaining it. Shawn Weinand addressed the green space stating that a 6 1/2 acre parcel under the power line is being used for ponding and that there are some additional green areas located within the plat. They are not asking that the 13.3 acres of park be taken from the green space. They would be willing to accept a cash park dedication. He also spoke about the layout of the lots and stated the plan they presented provided a better transition from single family to high density. He also stated that based on the comprehensive plan, their development is on the low side as far as density. He felt their layout provided a nice interface into the Insignia project. Clint Herbst stated that while the Council was nervous about the density proposed by the development assurances that the housing would be high quality upscale would dissuade some of their fears. Glen Posusta asked if the developer could give any assurance that the 8-plexes would not become rental units. Shawn Weinand stated that while it was not the intent of the developer for this to become a rental project, he could not give assurances that these units would not be rental. He added that the developer is making a major commitment to funding of School Boulevard so he would like to see the density of units retained. He noted that being located adjacent to a mobile home park and the water tower is not necessarily conducive to marketing of the site. Wayne Mayer stated his concern is the number of units and the ratio of multi -family units to single family units. He stated the under the old comprehensive plan this may have met the requirement but he is still concerned about the ratio of townhomes to single family lots. BRIAN STUMPF MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR CONCEPT STAGE PUD FOR A RESIDENTIAL DEVELOPMENT BY OCELLO, LLC. BASED ON COMMENTS FROM THE STAFF REPORT FOR THE SEPTEMBER 6, 2005 PLANNING COMMISSION MEETING BASED ON THE FINDING THAT THE CONCEPT STAGE PUD IS CONSISTENT WITH THE COMPREHENSIVE PLAN. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH WAYNE MAYER AND TOM PERRAULT VOTING IN OPPOSITION. VA Council Minutes - 9/12/05 7. Continuation of public hearing on Redevelopment Plan for Central Monticello Redevelopment Project No. 1 and the establishment of Tax Increment Financing District No. 1-35 and passing resolution approving plans. Applicant: Master's Fifth Avenue. Economic Development Director, 011ie Koropchak provided background information. At the last meeting the Council opened the public hearing on the establishment of a tax increment district and continued the public hearing until this meeting in order that study to determine whether the district qualifies as a redevelopment district could be completed. The study indicated that the three lots located at Locust and Third Street do qualify as a redevelopment district. The lots meet the criteria for the coverage test which requires that 15% of the parcels must be covered by improvements, such as a house and 70% of the parcels has to be considered substandard. All of the lots met the 15% coverage standard and two of the three houses met the 70% coverage being substandard. Clint Herbst stated he did not feel comfortable with moving any of the houses from this site to another site within the City and he felt strongly enough about this to vote against the establishment of a TIF district if any of the houses were going to be moved to another spot within the City. Glen Posusta stated that he believed 011ie Koropchak had stated at a meeting that the property was blighted property. 011ie Koropchak stated that a certain percentage of the housing had to be substandard in order to qualify as a redevelopment district. Glen Posusta agreed that TIF assistance should not be given to help move these houses to another site in the City. 011ie Koropchak pointed out that the house that was being moved was not substandard. Brian Stumpf asked about the life of the TIF district. 011ie Koropchak indicated that it was 25 years for a redevelopment district. Wayne Mayer asked if language could be added to the resolution which would condition approval if the houses were not relocated to another site in the City. Brad Johnson responded that by state law you cannot prohibit certain types of housing from being moved into the City. Clint Herbst stated the Council does not have to approve the TIF District and Mr. Johnson questioned whether the relocation of the house was valid grounds for denying approval. He added that any house that is moved into the City must meet all the code requirements of the City. 011ie Koropchak stated that the house that is proposed to be moved would be going on a vacant lot. This would increase the tax base of the lot that the house is moved onto and the value of the lot that the house is being removed from would also increase in value because of the redevelopment. When asked his opinion, Tom Scott, City Attorney indicated that the Council could approve the resolution establishing the TIF district with the condition that the houses not be moved to another site within the City. Glen Posusta said if the developer was not using TIF funds, he could do whatever he wanted with the houses but because the City was providing financial assistance, they should be able to put conditions on it. Tom Scott said the City has the right to 0 Council Minutes - 9/12/05 control the relocation of the houses. He suggested the developer sign a document agreeing to the fact that none of the houses will be relocated in the City and require the developer to enter into a legal agreement to meet that condition. Mayor Herbst closed the public hearing. BRIAN STUMPF MOVED TO APPROVE A RESOLUTION ADOPTING THE MODIFICATION TO THE REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO. 1 AND ESTABLISHING TIF DISTRICT NO. 1-35 THEREIN AND THE ADOPTION OF THE PLAN THEREFOR WITH THE CONDITION THAT THE THREE HOMES IN THE REDEVELOPMENT AREA ARE NOT RELOCATED TO ANOTHER SITE WITHIN THE CITY AND THE DEVELOPER ENTERS INTO AN AGREEMENT WITH THE CITY TO COMPLY WITH THAT CONDITION. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Public Hearing on consideration of vacation of 7th Street right-of-way in the plat of the Church of St. Henry's. Because of the development of the Ryan project and based on the agreement with the Church of St. Henry 7"' Street is proposed to be realigned and the old right of way for 7tn Street is proposed to be vacated. Mayor Herbst opened the public hearing on the proposed vacation of 7"' Street. No one was present who spoke for or against the proposed vacation. Mayor Herbst then closed the public hearing. Jeff O'Neill stated that the plat for this area would be coming before the Council in October. TOM PERRAULT MOVED ADOPT A RESOLUTION VACATING THAT PORTION OF 7TH STREET AS DEDICATED IN THE PLAT OF THE CHURCH OF ST. HENRY CONTINGENT UPON APPROVAL OF THE NEW PLAT DEDICATING THE RIGHT OF WAY FOR THE REALIGNED 7TH STREET. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. John Simola asked if the City has been given authorization to enter on to the property. Staff will verify if a right of entry has been granted by the church. 9. Public Hearing on consideration of vacation of Cedar Street right-of-way and vacation of drainage and utility easements in the plat of Monticello Travel Center. Mayor Herbst opened the public hearing on the vacation of a portion of the Cedar Street right of way and vacation of drainage and utility easements in the plat of Monticello Travel Center. No ( one was present to speak for or against the proposed vacation. GLEN POSUSTA MOVED TO CONTINUE THE PUBLIC HEARING ON THE PROPOSED 0 Council Minutes - 9/12/05 STREET AND EASEMENT VACATION UNTIL THE SEPTEMBER 26, 2005 MEETING. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of recommendations forthcoming from workshop on biosolids. The Council discussed having this item come back before the Council in a workshop session. October 10, 2005 at 5:00 p.m. is the date for the workshop. 11. Consideration of annual sidewalk inspection. Public Works Director, John Simola presented the annual sidewalk inspection report. He talked about modifying the current standard of 1/4" vertical rise. While changing the standard to 3/8" or V2" might reduce the number of sidewalks panels that would need to replaced or repaired, it would increase the potential for tripping or hitting it with snow removal equipment. Glen Posusta asked if it was possible to grind off the 1/4" rise. John Simola provided information on the cost of doing that. Those panels that could not be ground down could be mudj acked. BRIAN STUMPF MOVED TO ACCEPT THE SIDEWALK REPORT AS DRAFTED AND AUTHORIZE PUBLIC WORKS DEPARTMENT TO TAKE THE NECESSARY ACTION BASED ON THE EXISTING INSPECTION CRITERIA FOR REPAIRING AND MONITORING THE SIDEWALKS AND TO HAVE THE CITY ADMINISTRATOR, PUBLIC WORKS DIRECTOR AND CITY ENGINEER LOOK AT THE SCARIFIER DEMONSTRATION AND IF THEY FEEL IT IS APPROPRIATE FOR USE TO PURCHASE THE EQUIPMENT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Review of multiple driveway situations in the Core Street Construction Project and consideration of public hearing to deal with same. John Simola reported that there are approximately five places in the Core Street Project area with multiple driveways. Two of these multiple driveways predate the annexation and the establishment of the city's ordinances and therefore he felt would be considered as grandfathered in. In the remaining cases he felt the multiple driveways could be removed because it is a violation of the city ordinance John Simola suggested calling for a public hearing at which time those residents could speak to why the multiple driveways should remain. John Simola noted that if the multiple driveways are allowed to remain it could impact the way the property is assessed for street improvements. Under the Core Street project properties were assessed based on number of driveways. John Simola also noted a number of fences that were built that encroach on City right of way which is also a violation of city ordinance and the fences should be removed. It was suggested that those fences that pre -dated annexation and the city ordinances could be left and when they had deteriorated in condition they could be removed. John Simola stated that what is 10 Council Minutes - 9/12/05 considered deteriorated could be a subjective thing and suggested the Council set a specific time frame for removal. Clint Herbst felt if a multiple driveway was allowed they should be assessed as another unit because the lot could be split off and sold at some point in the future. It was noted that the next item on the agenda also related to a request for a variance to allow a multiple driveway. John Simola stated he felt that multiple driveways should be regulated by an amendment to the ordinance rather than by granting a variance. He indicated that he had talked to Dick Frie, the Planning Commission chairman regarding this matter. John Simola stated that he would be appealing the Planning Commission's decision to grant a variance for a second driveway access. Clint Herbst said if they are going to allow second driveways the driveways have to hard - surfaced WAYNE MAYER MOVED TO CALL FOR A PUBLIC HEARING AT WHICH TIME THE CITY CAN PRESENT ALL OF THE INFORMATION REGARDING THIS ISSUE AND RECEIVE TESTIMONY FROM CONCERNED CITIZENS AND PROPERTY OWNERS AND AFTER THE PUBLIC HEARING MAKE A DECISION ON WHICH WAY TO GO WITH A TENTATIVE DATE OF SEPTEMBER 26, 2005 FOR THE PUBLIC HEARING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Consideration of a request for a conditional use permit for a 896 sq. ft. detached accessory structure and a variance for secondary driveway in an R-1 Zoning District. Applicant: Richard Bastien Central Masonry & Concrete. It was suggested that this item be tabled until after the public hearing on the appeal of the variance which has been scheduled for September 26, 2005. TOM PERRAULT MOVED TO TABLE ACTION ON THE REQUEST FOR A CONDITIONAL USE PERMIT FOR RICHARD BASTIEN CENTRAL MASONRY AND CONCRETE UNTIL SEPTEMBER 26, 2005. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Items: Trailer for Street Department - Tom Moores requested Council approval to purchase a trailer for the Street Department for hauling the roller. The money for this purchase had been budgeted but the Council has requested to review this type of purchase even though funds were budgeted. BRIAN STUMPF MOVED TO APPROVE THE PURCHASE OF THE TRAILER. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. John Simola said he would like permission to cut up the old trailer for scrap. Council Minutes - 9/12/05 i Hardcourt for 4' Street Park: $25,000 was budgeted for this improvement. It is proposed to surface the rink area so that it can be used for basketball in the summer and can still be flooded for use in the winter. CLINT HERBST MOVED TO AUTHORIZE THE INSTALLATION OF THE HARDCOURT FOR THE FOURTH STREET PARK. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA AND WAYNE MAYER VOTING IN OPPOSITION.. Approval of items with contingencies or Exhibit Z: Wayne Mayer was concerned about items appearing on the consent agenda with a list of items noted in Exhibit Z or being approved with contingencies. He noted that passing these items with the lists of conditions means that staff will have to follow up and make sure the conditions are met which adds to the existing work load. Wayne Mayer felt these items should be taken care of before they come before the Council. Jeff O'Neill said on PUD's the items on Exhibit Z are not as critical as with the conditional use permits. In addition waiting until all the items are complete slows the process down. Clint Herbst said the Council has to make sure that these projects come out the way they should. John Simola stated he had talked to Dick Frie who was also concerned that these conditions are being followed up on. Jeff O'Neill stated that if staff holds firm to their deadlines, the Council has to keep that in mind when developers complain that staff is difficult to work with. Disaster Shelters: Clint Herbst stated that with the Hurricane Katrina disaster government officials have come under heat about disaster preparedness. He noted that the trailer parks are suppose to have storm shelters. He would like to verify that the shelters exist and are usable and perhaps set up a program of regular inspection. City Employees - Outside employment: Clint Herbst specifically cited the Building Official as an example of a city employee who is also employed outside his city position. His concern is whether an employee can work forty hours for the city and still be able to handle outside employment especially if the outside employment is during the same hours of city employment. He thought that this issue needs to be addressed. Brian Stumpf indicated he was a little bit disturbed that the issue came up in this fashion at an open meeting of the Council and for that reason would not comment on the issue. Tom Scott cautioned that while the Council could discuss policy, discussion on personnel issues should remain general. Clint Herbst stated he brought the issue up so he could get a consensus of the Council if this was an issue that should come before the Personnel Committee. WAYNE MAYER MOVED THAT PERSONNEL COMMITTEE LOOK AT THIS ISSUE AND GET APPROPRIATE LEGAL COUNSEL ON OPTIONS THE CITY HAS AVAILABLE AND THEN BRING THE ITEM BACK TO THE FULL COUNCIL. TOM PERRAULT SECONDED THE MOTION NOTING THAT IF THERE IS ANY NEED FOR A CLOSED MEETING THAT THE CLOSED MEETING BE HELD AT 6 P.M. BEFORE THE REGULAR COUNCIL MEETING. WAYNE MAYER AMENDED HIS MOTION TO INCLUDE SPECIFYING THE TIME FOR ANY NEEDED SPECIAL MEETING. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. Wayne Mayer said unfortunately sometime it is difficult to discuss things in an open forum. 12 Council Minutes - 9/12/05 The Council indicated they would consider the approval of bills and then enter into the closed meeting. 14. Consideration of entering into a closed meeting to discuss pending condemnation regarding AVR (Apple Valley Redi-Mix) At 9:20 the Mayor, Council, City staff, City Engineer, Bret Weiss and legal counsel went into closed session to discuss pending condemnation of the AVR site. 15. Consideration of approy-ing bills for September. Glen Posusta asked about the bill for the fence work at Hillcrest Park. He asked that the bill be pulled since there was some corrective work to be done. CLINT HERBST MOVED TO APPROVE PAYMENT OF THE BILLS WITH THE REMOVAL OF THE STATEMENT FROM OBERG FENCE. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 16. Adjourn Upon completion of the closed meeting at 10:05, the Council went back in to regular session and closed the regular Council meeting. Recording Secretary IJ