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City Council Minutes 11-13-2000MINLI'I'F.S Rl+:(~l1LAli MI?I+.rl'IN(_: - MON"1'I[;I~~LLO CI'T'Y COLINCIL Monday, November 13, 2000 - 7 p.m. Members Present: CZoger 13elsaas, Roger Carlson, Clint Herbst and Bruce Thielen. Members Absent: Brian Stumpf Mayor I3elsaas called the meeting to order at 7:OS p.rn. and declared a quorum present. 2A. Annrove minutes of October 23.2000 regular council m BRLJCE THIELEN MOVED TO APPROVE "I'HL; M1NU"1'h:S OH' 'fI-IE OCT013ER ? ~, 2000 REGLiLAR COtJNCIL MEETING AS PRESENTED. C1.1N"I' I Ih:RL3S1' Sh:CONDI:U l~l lh: MO'I"ION. MOTION CARRIED (1NANIMOiJSLY. 2K. Annrove minutes of November $. 2000 special council meetinL to canvass election returns. ROGEI7 CARLSON MOVED TO APPROVE THE MINt1TES UC -C'I IC~, SPI~,('IAI. COUN('IL MEETING OF NOVEMBER 8, 2000 AS PRT~.STN'LI~,D. I3R[ICIr I HIELL:N S1/CONU1~:D '1-I-II~; MO'hION. MOTION CARRIC:D iJNANIMUUSLY. 3. Consideration of adclin~ iterr>IS to the a~encla. L3r(.ICe -Chiele~l noted that the performance evaluation fir the (.'ity Administrator was done last year abOllt t111S tulle alld telt t11C ~'DLlI1C11 shOLl1CI plan t() C011dUCt ~.ulother performance evaluation shortly. .Icff O'Neill requested that an update on the Monticello Cord conditional use permit he included with the agcr)da. Mayor I3elsaas stated that the Council met in a closed session on November 8, 2000 to discuss litig~:~tion involving the Mel Wolters property and that the Council would close the meeting tonight for a further discussion ol'the litigation. =1. C'itircn comments/petitions, requests and complaints. None. 5. Consent A[;enda A. Consideration of approval of revised final plat and review of fatal plays fo-- development of'the Dodge Dealership - Applicant:.laa)b Holclings ol'Monticello Council Minutes - 1 1/I i/OO LLC/Denny Hecker Dodge. Recommendation: Deci.ciorr f - Af)f~r"ave the r°evised [)lcrt bused an the,finding Ihut the: slrbdirisiun }-mill r"esarlt in t}vo Lots that cnnfr)r•n~ to al"(lrrZC117C(.'.S. DeC'lb'lar'1 II - Mavc~ to ClCG'ef)t the /"eVl.S'eCl f)lCrr7 b1~ltharlt r"e(fl-lll''lrlf~r the crf~f~/icant tohr'occss Cr ne}N COrrdllrarrCrl LI,SC 1'L'7"rr'11t r"B(fLle.Sl eantlrTf,'G'nt 1rf7arl the fnllnti>>irr~>: cr) C'nr7clitions' noted? ire the initial (..'LIP c!~)r~r•ovul; b) C'onlf7letior~ (~f~cl r•cvis'c(! ,Jin(rl plcrJ cnr~sistent }pith the site plan us' pr'cf~cn'ecl and c•) ('itti~ Council lrr°crntir7h of cr Le(.rsc~ to Deer-rpy c(rserrrent ar apI)rav~rl of the v(rc(ttion of l,rlilit_v euseryrent ulon,~> the norther°n ccJ~lc of Lol 2, Block 1 (~0`r, Str°eet ~l.c ditiart) F3. C"onsidel'ation of a request for vacation of utility easenlerrt within Lot 2, Block 1, 9U`'' Street Addition. Recommendation: Accept petition requesting vacation and call Ior public heari-lg for vacation of utility cascnlcnts within Lot 2, Block 1 of the 90`'' Street Addition and include granting a license to construct a building on the easement. C. Consideration of approving new hires and departures for Community Center and City Hall. Recommendation: Ratify the hiring oI~ the new employees for the Cotlllllunity Center and City Hall. U. C'onsidcration of approving appointment of bookkeeper position. Recommendation: . Approve the hiring of Carol Firkells for the bookkeeper position. E. Consideration to approve an amendment to the Fay-laws of the Monticello Advisory Te~:Lm. Recommendation: Mwe to approve all a111C11d111Cl1t to t11C Fay-laws of the Monticello Advisory Tealn to change the meeting dates to the first and third 'l~uesday of each 111oI1t11 at 4: ~0 p.tn. at the Monticello City I-lall. I~. C'onsidcration of adding Silver Springs Golf Col.lrse as a liquor provider at the Monticello Community Center. Recommendation: Approve Silver Springs Golf C'ow~se as a liquor provider at the Monticello Community Center. BRiJCE THIELEN MUVED 'I~O APPROVF~. "l'I11~; CONSI-i;N"I' AGENDA WITH THE ADDITION OF AGENDA ITEM #9 (L,IQUUR S'I"ORI-: RF:N()R"1') AS PART OF THE CONSENT AGENDA. ROGER CARLSON SI;CUNI)I~,I) "I'I Ih: MO"PION. MOTION CARRIED t1NANIMOLISLY. 6. Consideration of items removed from, the consent agenda fcz'r__cliscussion. None. 7. Public Hearing -Consideration of vacation of 5 '/Z Street right-~~t=way between Yine • Street and Walnut Street. JeffO'Ncill summarized this request for vacation which impacts the development of the 2 Col.ulcil Minutes - 1 1/13/00 fOWlle CeIltl'e 51te (FOl'll7er T'eI'rell (ia5 site). ~I~lle C'Ity WOLIId I'Ctalll 4'aSC111ent 1'IglltS plus ~I'/' un either side. Mayor l3clsaas opcned the public hearing. Thel-e was no one present ~vho spoke for or ~.lgainst the proposed strcct vacation. M<lyor C3elsaas then closed the public llearillg. CLINK I II~,RI3S~h MOVi~,I) "1~0 AYPROVH: 'l'I I1/ VACA`I~ION OF ~ '/ STREET AS I'KOPOSI~,I) CON"I~IN(TI:';NI~ ON }~;Xh,C'CJTI(~N OF TI-IE DEVELOPMENT AGRLLMLN~I~. ROGER CARLSON SEC;ONDID ~I"Ill? MU"PION. MO"LION CARRIED iJNANIMOLiSLY. 8. Public Hearin{; - Consideration of vacation of a portion of Cedar Street right-ot=way and a.Lproval of conceit stage planned unit development to allow a mix of commercial use~.__ Applicant:Dan Mielkc. Ueputy ('ity Adnlinist--ator, .)effO'Neill gave a briefreview ul~what Was being 1'oquosted and reviewed tho proposed layout of the planned unit development. The proposed dovelopmcllt epl1sOlldatCS a nL1I11bCr Ofpal'CCIs Into onC CIeVelOpment. Al 11115 tulle the applicant is socking concept stage allpruval and approval of tllc vacation of a portion of~the Cedar Street right-ol= Way. ~rhe applicant had initially requested vacation ol'?0 feet of right-ol=way and 15 IlOW 1'oqucsting 1(i f:eet of -'ight-ot=way. Public Works and 1~:ngineering I`eels that vacating 10 feet would be more acceptable. ~l~hc right-of-way of C'ed<:~r Street is 100 1`eet, il~the C"ity vacates ten feet on either side it would leave 80 legit of right-of=way. Both ('ity h;ngillecr, Bret Weiss and Public Works Director, John Silllola felt that to properly design Ior sidewalk, pathways and road sLU-l~lce, 80 feet was the minill7um. Iil'ct Weiss also noted that there were overhead power IIIlE"s 111 tills area that would have to be worked arOLllld, ~I~l7ol'e 15 also the possibility of a turn lane being constructed in this area. Bret Weiss stated that he did not have a problem with the concept of the proposed development but he wal7ted to be sure there was adequate right-of=way to lay out file strcct, sidewalk and pathway ill a gaud Iashlon. I Iltrl' Was d1sCLISSIC)I7 at the Plalllllllg CO1111111ti51011 111eCting c(~1lslderlllg tills deVeluplllellt all what constitutes the Ii'ont and side of~ the property as far as detcrrnining setbacks. TH 2.5 is considered the Ii-olli, Chelsea. Road the side and Collar strcct the rear. The proposed develop- n7ent will require a number ol~variances affecting tho convollience store, canopy and drive area.. While the Planning Conlnlissio-1 supported the developl7lent, the staff was not quite as supportive as they felt some of the v<n'iances were ol.ltside of the norm. It was noted that the sire of'the variances needed would be impacted by the amount of street right-of-way that was vacated. Mayor I3clsaas opcned tho public hearin;~. DennisLylla, representing tho Miclkes spoke regarding the proposed development. I to addressed the issues that were discussed in the I'lamling (.'omnusslon's consideration ufthe item alld 111C1L1Cled In the earl"atlVe SUbnlllted t0 llle CoLlncil. I Ic notod they 11avc a Icttcl' of cornnlitlnent Ii-om a regional sit down restaurant and • Council Minutes - I I/l i/00 they are close to a letter of conlrnitmcnt from a test food rest~:lur~.ult. The ~.lpplic~.ult needs to get t11I"oLlgll the COI1CCpt StagC 50 that hC ('al1 1)1"OC4'CCt W'Ith I1CgOtlatlllg Wltll the prospective t('nants. Mr. %ylla questioaled the right-of-way for C'cclar 5tr(;et. If Cedar Street is classified as a minor street then o111y 60' of right-of-way is needed. If it is classified as a collector street tllcn 70' of right-o ('-way is needed. He tell that t11e classlllcatlon OI the stl'CCt dlCl 17ot I11atC11 t11C amount of right-ot-Way (100') and for that reason the. City cor.-ld alnsidcr vacating it. t le also stated that a 1"Igl1t-111, right-otlt street design would be detrinlcntal to the business. Mayor Bclsaas then closed the p(Iblic hey ring. BRUCE 'I'PII(/C,I/N MOV1/'U '10 A1'1'RC)VE 'I,HE VACATION OF A PORTION OF CEDAR S"IRI:I~,~f I~'ROM (,I I1~:LSl•;A ROAD ~l~O OAKWOOD DRIVE AS REQt1ESTED BY THE API'LIC'ANI C'ON"T'INGF:N`l' C_1P(-)N A1'Pl20VAL OF THE DEVELOPMENT AND FINAL S MAGI-: PUU ANU ASSOCIA`l~h'U I'LA`I~ BY l"HE COL_1NCIL. GLINT HERBST S1/CONU1/U l'f ll/ MO PION. MO"PION CARRIED LJNANIMOUSL,Y. GLINT HERBST MOVED TO APPROVE THE CONCI-AP'I' S"I~ACiI': PI11) F3A51~:D ON A FCNUING'I'I IA'l"I'llb: UL'SICiN OF' "fI-CE SITE IS APPROPRIATE FOR THIS PROPOSED LISES AND LOCA'I'CON AND TI-IAT THE PROPOSED IMPROVEMENTS QLIALIFY I~UR PI1U CONSIDERATION IJNDF.R THE C1TYS PIiD ORDINANCE ANI) W1~1~1I ~I~l IE LINUERSI'ANDING THAT HIGHWAY 25 IS CONSIDERI-;,U'I~I11=. I•'RUNI" h'UR PLIRPOSI:S OF THIS PLiD. BRtJCh TI-lIE1..EN SI;(:'ONDI~,U "I~I IE; MU"LION. MO1~[ON CARRII~,D 11NANIMOIISLY. Public Works Director, .101]11 SlmOla, asked at What point would file City be ordering a feasibility report to deter111inc the design of C'cdar Street. GLINT HERBST MOVED TO ACCEPT THE PETI"hIUN ANU ORUh;R A FEASIBILI'1"Y REPORT COVERING ROADWAY DI~:SIGN ANU O'I'I I1~:R AI'I'IIRTENANT WORK FOR (.'I'UAR S'I'RhET. RU(iF,R CARLSUN SC;CONU1/U'1'H1/ MOTION. MOTION CARRII'T) l1NANIMUUSLY. DennisLylla spoke to the Co(ulcil requesting Iinallcial assistance fi-om the Clty u1 the form of tax abatement to aid the applicant With the relocation of utilities and removal of two existing houses. Presently the estimated tnarkct value ofthc site is $ X70,000+. When the property is developed the market val(le would be approxilllately $1,000,000. 'I~he applicant is requesting the Council consider abating the City's share o1~t11e taxes gencl-ated fir this pal-cel. City staff was dil-ccted to report back to the Council on the impact the tax abatef11CI1t WOl-ld have and x150 cost cstinlates for relocatirl~ the utilities. 9. Review of quarterly liquor store report. II1C1LLdeCI Wlth COI1SCnt agCllda. 4 Council Minutes - 1 1/13/00 10. Consideration of increase in water trunk t'ces. Public Works L)ircctor, John Simola explained the need for the increase. Mayor Belsaas asked how Monticello's charges compared to other neighboring colt~munities. .Tohn Simola indicated that Monticello is generally on the low side compared to other communities. It was noted that these fees would be reviewed annually and would be adjusted by 4% annually. BRl1CN: "I~III(/'Lh:N MOVI=U'1'O INC[t1/ASE I~HF; WATER 1'RtJNK FEE FROM $9_SO PER ACKF; "I'O $1,500 Pl?R ACRI: I•:l;hl:C"1'IV1•:.IANl1ARY 1, ?001. GLINT HERBST SECONUh:D I~l lh; MOTION. MO'l lON CARRIED iJNANIMOiJSLY. Ar~rlrrl Itr•m• .Ceff O'Neill stated that Monticello Ford has been. making an effort to comply with the terms of the conditional use permit and they are requesting an extension of time. The initial plan showed a pondillg area by Marvin Road. Sines Monticello Hord is being charged fol- trunk storm sewer they are proposing to close off the ponding area and utilise that area as an extension of the storage area. 'I~he Council did not feel that this change in the ponding area use would have to go back to the Planning Commission. The Council discussed the progress made on the other items of the conditional use permit approval. City Engineer, Bret Weiss noted that have received drawings from the applicant which are being reviewed.. The Council felt that if the applicant could get all the paper work con~plcted and approved by December 1, ?000, tl~e Corlllcll wOUld gl'allt a t1111C CXtCnSIOn foi" aCtllal COnStCl1Cl10I1 Ollly. 1381I('1~; ~l~f Ill?LI';N MOVh:D ~l~I IA~I~ SINCI~; MONTICELLO FORD IIAS MAi)I: A Ci0U1) FAITH EFFOI~I"1'O COMPLY WITH THE TERMS OF Tl-IT: C'ONDI"I~IONAL USI; PERMIT AND IF ALL REQUIRED PAPER WORK IS C'OMI'C.ETED AND APPROVED BY DECEMBER 1, ?000, THE CITY WILL GRAN"1' A "I'IMh; h:X'1'F,NSION FOR CONSTRiJCTION ONLY TO Jt1NE 15, ?001. ROGER CARI.SON SECONDED T"l IE MOTION. MOTION CARRCF,D t1NANIMOiJSLY. 11. Annrovc payment of bills for November. L3R[1CI-i: ~l~t-III~:L1~:N MOVED "I'O AI'I'ROVE PAYMENT OF BII..I,S I~OR NUV)~:MI3I~:R. OLIN I' CIE1~13S'I' SECONDED'I'HE MOTION. MOTION C'ARRII-•:l) 1.1NANCMOl1SL,Y. Other: Fred Patch gave a brief status report regarding the acoustic for the Council Chambers. BRiJCE THIELEN MOVED TO GO TO A CLOSED SI~,SSIUN '1'O DISCIISSION THE MF;L WOLTEI2S LC"-I'IGA'fION. ROGER CARLSON SECONDI~:D'I'I Ih: MOTION. MO"LION CARRI1h;I) IINANIMOUSLY. 5 C~~u1ci1 Minutes - l l/1 ~/00 13RtiCE THIELEN MOVED TO REOPEN THE REGULAR. ML;r"I"ING O1~' "I"I II~; C"(_)l.1NC"lL,. RUGI:R C'ARLSON SEC'UNDED TL-IE MO'LION. MU~I~ION CARRII~:f) UNANIMOUSLY. 12. Adjc-urn. BRUCE THIELEN MOVED TO AD,iOLJRN AT 8:45 P.M. ROGER CARLSON SECONDED THE MOT]ON. MOTION CARRIED tNANIMOUSLY. Rccordi-~~ SccrctarY • C7 6