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City Council Minutes 02-28-2022REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, February 28, 2022 — 6:30 p.m. Mississippi Room, Monticello Community Center Present: Lloyd Hilgart, Jim Davidson, Bill Fair, Charlotte Gabler, and Sam Murdoff Absent: None 1. General Business A. Call to Order & Pledge of Allegiance Mayor Hilgart called the meeting to order at 6:30 p.m. B. Approval of Agenda Councilmember Gabler moved approval of the agenda. Councilmember Fair seconded the motion. Motion carried unanimously. C. Approval of Meeting Minutes • Special Meeting Minutes from February 14, 2022 • Regular Meeting Minutes from February 14, 2022 Councilmember Gabler moved approval of both sets of meeting minutes. Councilmember Davidson seconded the motion. Motion carried unanimously. D. Citizen Comments Tim McVary, 1805 West River Street, addressed the City Council regarding concerns about the Monticello Rod & Gun Club. His concerns related to increased hours of operation, types of weapons that are being fired, whether conditional use permits should be required, compliance issues, and noise issues. He requested that staff look into limiting their hours of operation and other items so that the residential area is not negatively affected. Mayor Hilgart referred the item to staff. E. Public Service Announcements • Spring Tree Sale orders are due by March 11. • The Monticello Community Center offered the Kids Lifting Certification class which allows children full access to fitness area. • Spring Swimming Lessons F. Council Liaison Updates • EDA—Councilmember Davidson provided an update of the EDA meeting held February 23. Items discussed included: 2022-2024 Workplan; establishment of TIF Districts 1-42 and 1-43; and Calling for public hearing and contract for financial planning for TIF District 1-45. City Council Minutes: February 28, 2022 Page 1 1 6 CMRP — Mayor Hilgart provided an update and noted that various housekeeping items were discussed, and Wright County gave their State of the County update. 2. Consent Agenda: Councilmember Murdoff moved approval of the Consent Agenda. Councilmember Fair seconded the motion. Motion carried unanimously. A. Consideration of approving the payment of bills. Action taken: Approved the bill and purchase card registers for a total of $1,038,107.90. B. Consideration of approving new hires and departures for city departments. Action taken: Approved hires and terminations for MCC. C. Consideration of approving the sale/disposal of surplus city property for the Parks and Recreation Department. Action taken: No report this cycle. D. Consideration of adopting Resolution 2022-16 accepting a donation of $550 worth of hats from Ausco Design & Marketing for the FatBikeFest. Action taken: Adopted the resolution accepting the donation. E. Consideration of adopting Resolution 2022-17 accepting a grant from the Central Minnesota Arts Board in the amount of $8,000 for the MonticellGLOW Parade. Action taken: Adopted the resolution accepting the grant. F. Consideration of approving a gambling permit for St. Henry's for a quilt bingo event to be held May 15, 2022. Action taken: The gambling permit was approved. G. Consideration of approving adjustment to monthly stipends for Fire Department Officers. Action taken: Approved the adjustment to monthly stipends. H. Consideration of adopting Resolution 2022-18 approving 2022 Fire Department Officers. Action taken: Adopted Resolution 2022-18. I. Consideration of approving a contract between the Monticello Fire Department and the Minnesota Department of Natural Resources. Action taken: Approved the contract between the Fire Department and DNR. J. Consideration of adopting Resolution 2022-22 approving the Final Plat and Development Agreement for Deephaven 3, a commercial plat in the B-4 Regional Business District and Conditional Use Permit for cross access between Lot 1, Block 11 Deephaven and Lot 1, Block 1 Deephaven 3. Applicant: Deephaven Development, LLC. Action taken: Adopted Resolution 2022-22 approving the Final Plat and Development Agreement for Deephaven 3, a commercial plat in the B-4 Regional Business District, subject to conditions in Exhibit Z; Adopted Resolution 2022-26 approving a Conditional Use Permit for cross access between Lot 1, Block 1, Deephaven and Lot 1, Block 1, Deephaven 3, contingent on execution of an access agreement between the two parcels, City Council Minutes: February 28, 2022 Page 2 1 6 subject to the conditions in Exhibit Z, based on findings in Resolution PC -2022- 02. K. Consideration of adopting Ordinance 770 for rezoning to Planned Unit Development, Final Stage Planned Unit Development, Final Plat and Development Contract for Twin Pines First Addition for Twin Pines Apartments, a 93 -unit multi -family residential project in a B-4 (Regional Business) District. Applicant: Kjellberg, Kent. Action taken: Adopted Resolution 2022-23 and Ordinance 770 for rezoning of the proposed Lot 1, Block 1 of Twin Pines First Addition to the Twin Pines Planned Unit Development; Approved a Final Stage Planned Unit Development for the Twin Pines First Addition, a 93 -unit multi- family residential project, subject to the Conditions in Exhibit Z, and based on finding in Resolution No. 2022-24; Approved the Final Plat of the Twin Pines First Addition and Twin Pines First Addition Development Contract, subject to conditions in Exhibit Z, and based on findings in Resolution 2022-25 and authorizing the Mayor and City Administrator to execute said Agreement, further authorizing the Mayor and City Administrator to negotiate and specify final changes or amendments to execute the intention of the City Council more fully with respect to the proposed project. L. Consideration of approving transition of the cablecaster position from an hourly pay rate to a per meeting stipend. Action taken: Approved the transition of cablecaster position to a per meeting stipend. 3. Public Hearings: A. PUBLIC HEARING: Consideration of an Interim Use Permit for a Place of Public Assemblv in the B-3, HiRhwav Business District and consideration of a variance to allow a Conditional Use Permit on a lot 10 acres or less in the B-3, Highway Business District and Consideration of amending City Code Section 5.2(D)(6)(F)(i) for parcel size for Places of Assembly and consideration of waiver of application fee and expense. Applicant: Alive! Lutheran Church Steve Grittman, NAC, provided an overview and noted that this public hearing is a continuation of the Planning Commission's public hearing held February 22, 2022. Currently the applicant, Alive! Lutheran Church is located downtown in Block 52 and must relocate do to the fact that Block 52 is under consideration for a mixed-use redevelopment project. The City's EDA proposed site for relocation is 4071 Chelsea Road. Staff recommended approval of a Zoning Ordinance amendment creating an Interim Use Permit for Places of Assembly to grant Alive! Lutheran Church the ability to operate at the proposed location. The applicants have noted that they will use this space for 2 -years, the time remaining on their lease. The Interim Use Permit would be in place for 4 -years to allow the applicant time to develop their own facility. City Council Minutes: February 28, 2022 Page 3 1 6 Another option for relocation is through a Conditional Use Permit. If this option is selected the applicant would require a variance which was approved by the City Council. Councilmember Murdoff requested the need for amending the ordinance, aside from the church needing to move. Mr. Grittman noted that this amendment accommodates the current applicant's needs without major overhaul of the standards. Mayor Hilgart noted that the public hearing is open. No one testified. Mayor Hilgart closed the public hearing. Councilmember Gabler moved adopting of Ordinance 771 amending the Monticello Zoning Ordinance regulating the requirements for lot and building size for places of public assembly in the B-3 (Highway Business District) through and Interim Use Permit, based on finding in Resolution PC -2022-07. Councilmember Davidson seconded the motion. Motion carried 4-1; Councilmember Murdoff voted against as he apposed the amendment to accommodate acreage and feels that the better option would be to allow through a Conditional Use Permit. Councilmember Gabler moved to approve an Interim Use Permit for a place of public assembly in the B-3 (Highway Business District) based on findings in Resolution PC -2022-08 and subject to conditions in Exhibit Z. Councilmember Fair seconded the motion. Motion carried 4-1; Councilmember Murdoff voted against. Councilmember Gabler moved to deny the Conditional Use Permit for a place of public assembly in the B-3, Highway Business District, based on a finding that the Ordinance Amendment allowing such use by Interim Use Permit and the Interim Use Permit provide for the intended use. Councilmember Fair seconded the motion. Motion carried 4-1; Councilmember Murdoff voted against. Councilmember Gabler moved to waive the application fee and escrow for the proposal based on a funding that the application as related to the relocation of a tenant in a City/EDA redevelopment project. Councilmember Fair seconded the motion. Motion carried unanimously. B. PUBLIC HEARING: Consideration of adopting Resolution 2022-20 approving the vacation of a drainage and utility easement as legally described for Monticello Business Center 6t" Addition, to be platted as the Twin Pines First Addition Angela Schumann, Community Development Director, provided a brief overview of the vacation for Monticello Business Center 6t" Addition, to be platted as the Twin Pines First Addition. The easement is over Outlot A which is proposed to be replatted as the Twin Pines First Addition and rezoned to planned unit City Council Minutes: February 28, 2022 Page 4 16 development. As a condition of approval, the developer is required to verify that a cross -easement is in place for stormwater purposes. Mayor Hilgart opened the public hearing. No one testified. Mayor Hilgart closed the public hearing. There was minimal discussion among City Council. Councilmember Davidson moved to adopt Resolution 2022-20 for vacation of a drainage and utility easement as legally described for the plat of Monticello Business Center 6th Addition, contingent on: The recording of Twin Pines First final plat with all drainage and utility easements shown per the recommendation of the City Engineer, including the expanded drainage and utility easement along the easterly lot line as detailed in the City Engineer's comment letter of February 23, 2022; Execution of required encroachment agreements for those encroachments within the platted drainage and utility easements as required by the City Engineer; and Verification and execution of a cross -easement for stormwater purposed between all properties within Lot 1, Block 1, Monticello Business Center 5th Addition, Lot 1, Block 1, Monticello Business Center 6th Addition and Lot 1, Block 1, Twin Pines First Addition. Councilmember Murdoff seconded the motion. Motion carried unanimously. C. PUBLIC HEARING: Consideration of adopting Resolution 2022-21 approving the vacation of a temporary easement as legally described for Deephaven 2 Angela Schumann provided an overview of the vacation for Deephaven 2. The developers applied for preliminary and final plat for four commercial lots within Outlot 1 of Deephaven 2, to be platted as Deephaven 3. The temporary easement is proposed to be vacated for a trail easement for final alignment to the plaza, which will be considered with final plat. Mayor Hilgart opened the public hearing. No one testified. Mayor Hilgart closed the public hearing. There was minimal discussion. Councilmember Gabler moved to adopt Resolution 2022-21 approving vacation of a temporary easement as legally described for the plat of Deephaven 2, contingent on recording of the plat of Deephaven 3 and establishment of a permanent easement along Lot 1, Block 1, Deephaven and Lot 1, Block 1, Deephaven 3. Councilmember Fair seconded the motion. Motion carried unanimously. 4. Regular Agenda: S. Adjournment: By consensus, the meeting was adjourned at 7:09 p.m. City Council Minutes: February 28, 2022 Page 5 16 Recorder: Jennifer Schreiber Approved: Atte! City Council Minutes: February 28, 2022 Page 6 1 6