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City Council Minutes 05-10-2004MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, May 10, 2004 - 7 p.m. Members Present: Roger Carlson, Glen Posusta, Robbie Smith, Brian Stumpf and Bruce Thielen Members Absent: None 1. Call to Order and Pledge of Allegiance. Mayor Thielen called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2. Approve minutes of April 26, 2004 regular Council meeting BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE APRIL 26, 2004 REGULAR COUNCIL MEETING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to theagenda. Brian Stumpf asked that an update on the cleanup of the Groveland 4th area be added to the agenda. 4. Citizen comments, petitions, requests and complaints Mayor Thielen explained the purpose of the citizen input portion of the meeting. Jeff Young, 1267 County Road 37 NE, Buffalo, MN spoke questioning the change in signage on the parking lot at Hi -Way Liquors. He presented before and after pictures to the Council. The signs were changed from "24 hour parking" to "customer only parking." City Administrator, Rick Wolfsteller stated that the municipal parking lots, which are for public use, are posted for 72 hours. The parking lot at the liquor store is not a municipal parking lot. The parking lot is intended for use by the Hi -Way Liquors customers and because of a shared parking agreement, the lot is also utilized by Towne Centre customers. The purpose of the signs was to ensure there was adequate parking for the customers who shop at Towne Centre stores and Hi -Way Liquors. There was no change to any ordinance. It was pointed out that although the City owns the parking lot it is not a municipal parking lot. Glen Posusta stated he parks in the liquor store parking lot and he wanted to know if his car would get towed. Rick Wolfsteller stated the signs are notification to the public that the parking area is meant for customer use. Roger Carlson noted that adequate parking was a concern when the Towne Centre development went in which is why there was an agreement on the shared parking. Glen Posusta said the signs were only posted at one entrance. John Simola indicated that signs were posted at both entrances to the parking lot. Glen Posusta asked what had happened that precipitated the change in signage. Brian Stumpf emphasized the need to provide adequate parking for the customers who patronize the Hi -Way Liquors at the shops at the Towne Centre development. Glen Posusta said if that was the case why didn't the City and developer proceed with the construction of the new parking lot. Bruce Thielen responded that the parking lot that was being considered on the north side of the railroad tracks was to accommodate the parking for a proposed restaurant in the Towne Centre development. However the restaurant use never materialized. Jeff Young stated they had talked to the Sheriff s Department and they had an arrangement whereby they could stop vehicles entering the parking lot. Rick Wolfsteller stated the change in signage should not impact on the arrangement the group had with the Sheriff s Department. There was some discussion on the area marked off by the Sheriff s Department and if that was actually where the group was pulling the vehicles off to. Blocking the entrance to the parking lot by stopping vehicles at that location creates a potential safety hazard and that is why the group was suppose to pull the vehicles over to the area marked off by the Sheriff s Department. Jeff Young stated that he felt the timing of it was strange. Bruce Thielen stated that since the City and Monticello Township are working on an agreement on the proposed annexation and a decision is expected to be made soon, he would ask that people be reasonable. With the increase traffic in the area, especially with Memorial Day weekend coming up, Bruce Thielen cautioned the group to conduct their activities in such a way as to not disrupt traffic patterns or create a safety hazard. Donna Kipka, 8633 Darlington Avenue NE, asked if she was parked in the parking lot while her daughter had dance class, would her vehicle be towed. The Council indicated the parking area was intended for customer use. 5. Consent agenda. A. Consideration of ratify new hires for the MCC and City Hall. Recommendation: Ratify new hires and departures as identified. B. Consideration of increase of fees for rental of park facilities. Recommendation: Approve rental fees for 2004 as follows: Ellison Gazebo and West Bridge Open Shelter at $50/for residents; Ellison Log Shelter, West Bridge Shelter and Pioneer Park at $75/for residents. Rental fee for non-residents $150. C. Consideration to review and accept the 2003 year end EDA Financial Statements, Activity Report and Proposed 2004 Budget. Recommendation: Move to accept the 2003 Year -End EDA Balance Sheet; Statement of Revenues, Expenditures and Changes in Fund Balance; Activity Report; and 2004 Cash Flow Projections. D. Consideration to review site improvement concept for Block 35 and to authorize WSB & Associates, Inc. to prepare a feasibility study. Recommendation: Move to accept the site improvement design concept for Block 35 and to authorize WSB & Associates, Inc. to prepare a feasibility study. E. Review of year end financial report for 2003 for Liquor Store. Recommendation: Accept the year end financial report for 2003 for the Liquor Store as presented. F. Consideration of requesting for a conditional use permit to allow for a 728 sq. ft. detached accessory use structure in an R-1 District. Applicant: Shawn Leach. Recommendation: Approve the conditional use permit for 728 sq ft detached accessory structure in an R-1 District. G. Consideration to rezone a 59.14 acre parcel from A -O (Agricultural Open) to B-4 (Regional Business). Recommendation: Approve the rezoning for the "Remmele" property from A -O to B-4 based on the finding that the proposed district designation is consistent with the Comprehensive Plan. H. Consideration of a request for a simple subdivision to create two buildable lots in an R-1 district; a request for a variance to create a single family lot of less than 12,000 square feet in an R-1 district and a request for a conditional use permit allowing for an accessory use structure to exceed 10% of the rear yard area. Applicant: Darren Klatt. Recommendation: Approve the subdivision and lot area variances for both lots with the condition that the proposed lot line is moved to make both lots more than 10,890 square feet in area, the size of lots in the original plat area, and a condition that the parcels share a common driveway, or two separate driveways provided that the minimum lot area of 10,890 square feet is maintained for both lots. This is based on a finding that reasonable use of the property in this area would be two single family parcels with lots areas consistent with the predominant lot size in the neighborhood and to approve the conditional use permit with the condition that the applicant minimizes the driveway area to preserve the open space on the lot. Brian Stumpf asked that item #513 be removed for discussion and that the revised financial report be included for #5E. He also asked if the City Engineer if there was any reason that item #8 could not be added to the consent agenda. Bret Weiss indicated it could. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM #513, REPLACEMENT OF THE FINANCIAL REPORT FOR ITEM #5E AND THE ADDITION OF ITEM #8, APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS FOR THE 2004 CORE STREET PROJECT NO. 2004-06C. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. SB Park Rental: Brian Stumpf stated he agreed to the increase in rental fees except that he felt the fee charged to non-residents should remain at $100. BRIAN STUMPF MOVED TO INCREASE THE RENTAL FEE FOR THE ELLISON GAZEBO AND WEST BRIDGE OPEN SHELTER AT $50 AND THE ELLISON LOG SHELTER, WEST BRIDGE SHELTER AND PIONEER PARK AT $75 AND $100 FOR ANY FACILITY FOR NON-RESIDENTS. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Glen Posusta questioned the need for any fee increase. John Simola noted that since some facilities had more amenities than others there was a higher charge for those facilities. The reason for the overall increase was that there were extra costs because the City provides clean up and maintenance so that the facilities can be used for rental purposes and the fee increase offsets some of these costs. Glen Posusta questioned if the rental rates were compared to what other communities were charging. Bruce Thielen suggested that in the future increases to park rental fees should be considered at the same time as all other fee increases. 7. Consideration of authorizing preparation of purchase agreement for sale of land and authorizing preparation of preliminary plat for the Remmele parcel. City Administrator, Rick Wolfsteller, provided background information on the item. City staff has been meeting with Mike Muller on a site for a theater. Mike Muller is interested in the City owned Remmele property located at TH 25 and School Boulevard. The Remmele property has a power line easement transversing it which creates some problems in laying out the property for development since a structure cannot be placed in the easement area. However, the easement area can be utilized for parking. The proposed theater would require significant parking (600-800 stalls) and the easement area could be used to meet the parking requirements. The proposal would include the sale of a 10-12 acre parcel the relocation and reconstruction of the commuter parking lot. The estimated cost of the land would be $750,000-$800,000 plus additional charges for the cost of the traffic signal, assessments and SAC/WAC charges. The staff was looking for direction from the Council on whether to negotiate a purchase agreement for the sale of a 10-12 acre parcel to Mike Muller and to begin work in laying out a preliminary plat for development of the Remmele property. The preliminary plat would lay out the street alignment and designate wetland areas as well as a possible future site for fire department use Rick Wolfsteller noted that construction of the theater may push forward the installation of a traffic signal at the TH 25/School Boulevard intersection. He added that the interest in the parcel is out there as evidenced by the fact that he had received a proposal from a party who was interested in purchasing 1.5 acres of land. Brian Stumpf stated that 1-2 acres for fire department use may not be enough and if the City is looking long term, then 5 acres might be more appropriate. Brian Stumpf asked where the commuter parking lot would be relocated to. Rick Wolfsteller indicated that it would be moved directly to the east and just across from the frontage road. The old commuter parking lot would be utilized by the theater for their parking needs. Rick Wolfsteller felt that with development activity in the area, the commuter parking lot might see greater use. Bruce Thielen noted that the Remmele property had been acquired by the City when Remmele Engineering relocated to the industrial park. Remmele had purchased the property for 11 expansion use but with their relocation to the industrial park the land was no longer needed. The City purchased the property for $55,000. The City now, with the proposals for development in the area, has an opportunity to get a return on their investment. Brian Stumpf asked if the conditions noted in the agenda item had been seen by Mr. Muller. Rick Wolfsteller indicated that these items had been discussed with Mr. Muller. Mr. Muller stated that he would like to have his theater development in place by Thanksgiving. BRIAN STUMPF MOVED TO AUTHORIZE STAFF TO PREPARE A PURCHASE AGREEMENT FOR SALE OF A 10-12 ACRE PARCEL TO MULLER THEATER UNDER THE TERMS AND CONDITIONS OUTLINED AND AUTHORIZE THE CITY ENGINEER TO PREPARE A PRELIMINARY PLAT FOR THE REMMELE PROPERTY. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Glen Posusta asked how long the Muller theater had operated in Monticello. Rick Wolfsteller indicated it had been in operation since the 1940's. Glen Posusta said it didn't seem appropriate to charge someone who had been in business in the city that long over a $1 /sq ft plus assessments and SAC/WAC charges for land which wasn't usable because of the power line easement. He questioned why the City had to do this. Rick Wolfsteller clarified that the land within the power line easement is usable for parking and that Mike Muller had approached the City about purchasing the land. The City did not seek out any proposals. He added that the package the City put together is not different from what other communities do. Glen Posusta stated that he did not believe the City should be in the business of selling or brokering land. He did not want the City to influence people to locate their business on city owned land. Rick Wolfsteller reiterated that Mike Muller approached the City after he had looked at other sites. Glen Posusta stated that the City should not be developing commercial property and the city staff should not be involved with brokering land. Rick Wolfsteller replied that whether city staff brokers the land or an outside party does, the City still needs to set the price and conditions on the sale. Bruce Thielen noted that Glen Posusta had voted for the City acquiring and developing land for an industrial park so why was he against the City doing the same with commercial property. Glen Posusta emphasized that he did not feel the City should be developing the property and that it should be done by an outside party. 8. Consideration of approving plans and specifications and authorizing advertisement for bids for 2004 Core Street Reconstruction Project No. 2004-06C This was included with the consent agenda with the recommendation to approve the plans and specifications and authorize advertisement for bids. Added hem-.-- Groveland 4`' Clean up: Since both Bruce Thielen and Brian Stumpf had to leave the last Council meeting early for a mediation session before this item was addressed, Brian Stumpf asked that an update be given at this meeting. John Simola reported that the Parks Department had cleaned up the debris in the wetlands area and the Street Department cleaned up the area around the Remmele 5 property. In addition the soccer group also cleaned in the area. He noted that no clean up was done in the area of new building construction. It appears that even though there are dumpsters located on the construction site, debris from the sites is being blown around. The enclosures at the building sites will be monitored by the Building inspectors. John Simola also indicated that he will have two community service groups that he may be able to assign to clean up work. 9. Approve payment of bills for May. Brian Stumpf asked about the paver purchase. John Simola stated that they had found an used paver which they had purchased and that there was money budgeted to cover the paver and lowboy trailer. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS FOR MAY. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Glen Posusta noting the bill from Menards asked why the City does not purchase their supplies locally. John Simola stated they do purchase from local vendors if the price is comparable. Brian Stumpf pointed out a number of local firms that were on the listing of bills. Glen Posusta asked Bret Weiss about the City being billed for annexation analysis and what this covered. Bret Weiss indicated that their firm provided annexation maps, determined acreages, provided property owner information and attended a number of meetings relating to the annexation. Glen Posusta also questioned what was billed as general engineering. Bret Weiss stated that when work is done that is not tied to a specific project it is billed as general engineering. Rick Wolfsteller pointed out that when a project number is assigned those general engineering charges relating to that project are assigned to that project number. John Simola noted that with drainage problems, the City Engineer often has to look at that them and determine how they can be corrected and this time is also charged to general engineering. Other: Rick Wolfsteller asked for clarification as to whether the City Council was authorizing staff to proceed with another proposal for a land purchase of the Remmele property to be brought back to the Council. BRIAN STUMPF MOVED TO AUTHORIZE THE CITY ADMINISTRATOR TO CONTINUE TO WORK ON A PURCHASE AGREEMENT FOR THE SALE OF 1.5 ACRES OF THE REMMELE PROPERTY. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Adjourn. ROGER CARLSON MOVED TO ADJOURN AT 7:55 P.M. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary el