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City Council Minutes 09-27-1999MINLrTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, September 27, 1999 - 7 p.m. Members Fresent: Roger Belsaas, Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen. Members Absent: None Mayor Belsaas called the meeting to order at 7:00 p.m. and declared a quorum present. 2.A. A royal of minutes of the re ular rneetin held Se tember 13 1999. CLINT HERBST MOVED TO APPROVE THE MINUTES OF SEPTEMBER 13, 1999. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of addin items to the a ends. Clint Herbst requested that discussion of the parking at the new Goodyear Tire site be added to the agenda. 4. Citizens comments/ etitions re uests and coin Taints. Chris Thelen, president of the student body, came before the Council to request approval of a bonfire on October 6, 1999 as part of the homecoming activities. The fire department personnel will be present at the bonfire. BRIAN STUMPF MOVED TO APPROVE THE BONFIRE AS PART OF THE MONTICELLO HOMECOMING ACTIVITIES CONTINGENT UPON THE FIRE DEPARTMENT PERSONNEL BEING ON HAND. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED. Chris Thelen also asked if City approval is needed for the route for the Homecoming parade. Mayor Belsaas indicated that the route should be okayed by the Wright County Sheriff's Department. Roman Brauch came before the Council regarding a business being conducted from a residence located at 70S West River Street and requested that the City take action. The owner of the business will be relocating to the Grimsmo Funeral Home when that site is vacated. Because the problem would be resolved when the business was relocated, it was not brought before the Council. However, the business owner was contacted by the City concerning the vehicles parked at the site. The City had initially issued a home occupation permit on one site for the business. The business is currently operating out of two residential sites. It was noted that Council Minutes - 9/27/99 home occupations have restrictions on number of employees, parking, etc. and Mr. Brauch did not feel the business was in compliance with these restrictions. The City will contact the business owner regarding his business operation in a residential zone. 5. Consent, Agenda. A. Consideration of a resolution establishing various fees and charges relating to licensing of tattoo/body piercing establishments. Recommendation: Approve resolution setting forth license, application and investigative fees for tattoo/body piercing establishments.(RES. #99-SS) B. Consideration of approving a three (3) month membership fee for the Monticello Community Center and approving a Combined Membership plan and fees between Life Fitness Centers and MCC. Recommendation: The City Council approve the three (3) month Fun Pass and the Combined Membership program as written. C. Consideration to approve Business Subsidy Agreement between the EDA and Aroplax Corporation for GMEF Loan No. 016. Recommendation: The City Council approve the Business Subsidy Agreement between the EDA and Aroplax Corporation for GMEF Loan No. 016. Clint Herbst questioned the breakdown of fees on item SB on the consent agenda. Kitty Baltos indicated that she would get the information that would clarify how the fee rates were determined. BRUCE TI-HELEN MOVED TO REMOVE ITEM #SB FROM THE CONSENT AGENDA AND TABLE IT TO LATER IN THE MEETING. BRIAN STUMFF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. BRUCE THIELEN MOVED TO APPROVE THE CONSENT AGENDA. BRIAN STUMFF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent a enda for discussion. Item #SB was removed from the consent agenda and discussion was tabled until later in the meeting. 7. Public Hearin -Consideration of issuin an on-sale li uor license -Monticello Count Club. Mayor Belsaas opened the public hearing for the on-sale liquor license application for the Monticello Country Club. Clint Herbst expressed his concern about the liquor license for this facility. He noted that the minimum standards for restaurants that the Council had adopted indicated that a restaurant facility with an on-sale license would be a full time operation. When 2 Council Minutes - 9/27/99 the expansion of the facility was reviewed by the Planning Commission there were concerns about the amount of traffic that would be generated by the expansion. The applicant at that time indicated that the restaurant facility would be somewhat seasonal and its operation would coincide with the golf season. He felt there was some inconsistency in what was presented to the Planning Commission and what was being presented in order to meet the standards for an on-sale license. The impression that was given at the Planning Commission was that this was a banquet facility and not a full service restaurant. It appears now that in order to obtain an on-sale license it would have to be a full service restaurant. There was Council discussion on the standards established for the on-sale license and whether the Council may want to add to the criteria. It was pointed out that the applicant did meet the existing criteria for an on-sale license for a restaurant. Mayor Belsaas closed the public hearing. BRIAN STUMPF MOVED TO APPROVE THE ON-SALE LIQUOR LICENSE FOR THE MONTICELLO COUNTRY CLUB WITH THE COUNCIL TO REVIEW THE LIQUOR LICENSE AT TI-IE END OF ONE YEAR AND ALSO THE CRITERIA FOR ON-SALE LICENSES. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. II L $. Public Hearin -Consideration to ado t a resolution authorizin a lication to DIED for funding an economic development project. Ollie Korapchak explained the purpose of the public hearing and introduced Lenny Kirscht who presented information to the Council concerning the grant application for Twin City Die Castings Company. The Clty is requesting $500,000 which would be a loan to the company to assist them in purchasing equipment far their facility located at 520 Chelsea Road (Lot 1, Block 1, Monticello Commerce Center 4th Addition). The building size is 36,000 sq. ft. with plans for future expansion and will create approximately 89 new jobs. The project cost is $7,900,000. Mayor Belsaas then opened the public hearing. There was no one present to speak for or against the proposal. Mayor Belsaas then closed the public hearing. BRUCE THIELEN MOVED TO APPROVE THE LOCAL GOVERNMENT RESOLUTION, ECONOMIC DEVELOPMENT PROGRAM AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT FOR THE TWIN CITY DIE CASTINGS COMPANY. ROGER CARLSON SECONDED THE MOTION MOTION CARRIED UNANIMOUSLY. (RES. 99-56) 9. Consideration of a re uest for a Conditional Use Permit within the B-3 Zonin District to allow Outdoor Sales and Dis la of automobiles and a Conditional Use Permit Planned Unit Develo rnent to allow the automobile sales o eration to be located an two se orate ,parcels. Apnlicant:_ Automaxx Car Stores. At a special meeting of the Planning Commission on September 27, 1999 at 5:30 the Planning Commission acted upon a request for an auto sales facility in a B-3 Zoning District and a request for a conditional use permit for planned unit development which would allow the operation to be Council Minutes - 9/27/99 located on two separate parcels. Jeff O'Neill summarized the Planning Commission review of the request and informed the Council that the Planning Commission had recommended approval based on the revised site plan that was submitted. The original site plan showed a 5' setback while on the revised site plan the setback was 1'. The Planning Commission felt that under the Planned tlnit Development it was acceptable to go with the 1' setback in order to enhance traffic flow on the site and allow adequate drive access. BRIAN STUMPF MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR AUTO SALES/DISPLAY FOR AUTOMAXX CAR STORES BASED ON A FINDING TI~AT THE USE IS APPROPRIA"I'E FOR THE ZONING DISTRICT AND THE PROPOSED SITE SUB.IECT TO THE CONDITIONS LISTED IN THE REVISED EXHIBIT Z. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. BRIAN STUMPF MOVED TO RECOMMEND APPROVAL OF THE PLANNED UNIT DEVELOPMENT BASED ON A FINDING THAT THE SHARED DISPLAY AREA IS A REASONABLE USE OF THE PARCELS IN THIS LOCATION AND THAT THE REDUCTION IN SETBACK TO ONE FOOT IS NECESSARY FOR ENHANCED TRAFFIC FLOW AND SAFE DRIVE ACCESS. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of an_,offer t~_~urchase City owned parcel adjacent to nev~~1X created Chelsea Road East between TH 25/Cedar Street. City Administrator, Rick Wolfsteller, summarized the proposals received. There was discussion with the City Engineer about enlarging the parcel by adding a ten foot strip from the right-of--way on one side of the parcel. The City received two proposals as follows: Mielke - $3.00/sq. ft. with the contingency that the City relocate the watennain situated an the parcel. Feterson - $4.25/sq. ft. with no contingency. It was also pointed out by Mr. Mielke that he has first right of refusal and under that right is to be informed of all the terms and conditions of the Peterson offer. Mr. Mielke asked if any variances, access or signage had been approved by the City as part of the negotiations on the Peterson offer. Rick Wolfsteller indicated that there were no conditions or terms negotiated. The only issue that was discussed was the waterrnain on the property. If the City decides for some reason to relocate the watermain, the City would bear the full cost of relocation. If the property owner decides to relocate the line, then the property owner would bear the cost of relocation. BRIAN STUMPF MOVED TO AGREE TO SELL THE REMNANT PARCEL OWNED BY THE CITY TO MR. PETERSON AT $4.25/SQ. FT. NOTING THAT MR. MIELKE WOULD 4 Council Minutes - 9/27/99 HAVE TEN DAYS `hU MATCH THE OFFER AS PROPOSED PER THE RIGHT OF FIRST REFUSAL AGREEMENT. BRUCE THIELEN SECONDED THE MOTION. At this point Mr. Mielke requested the opportunity to make a counterproposal. Noting that his motion was still on the floor, Brian Stumpf stated he would remove his motion from consideration at this time. Bruce Thielen agreed to remove his second to the motion Mr. Mielke then submitted his proposal to purchase the property at $4?5 sq. ft. with the contingency of the City relocating the watermain. Mr. Mielke felt that the value of his offer with the development that would take place would be worth the cost of relocating the line for the City. Discussion continued on the type of development that would take place on the parcel. At a previous meeting a value figure of $3,000,000-$1,000,000 was discussed for the Mielke development. In the presentation made tonight Mr. Mielke referred to a valuation of $1,000,000 to $1,500,000 and Mr. 1Vlielke was asked to clarify the figures- He responded that the $3,000,000 to $4,000,000 was the cost of developing the parcel and the $1,000,000 to $1,500,000 was the estimated valuation the assessor's office would show for the development. BRIAN STUMPF MOVE TO REINSTATE HIS ORIGINAL MOTION. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED WITH ROGER CARLSON VOTING IN OPPOSITION. The City was requested by Dan Mielke to submit a complete legal description of the parcel along with all the terms and conditions of the offer from Dave Peterson 11. Consideration of an ordinance amendment re ulatin solicitors eddlers and transient merchants. The Council reviewed the proposed amendment to the transient merchant ordinance that would require peddlers and solicitors to register with the City. The ordinance does contain a provision that would exempt charitable and religious organizations. The Council discussed what problems exist with the peddlers and salicitors, what changes would resolve the problem and what type of changes could be made in the ordinance that could be easily enforced. The Council felt that the City should start with the ordinance amendment as proposed and then review the ordinance again at a later date if problems persisted with peddlers and solicitors. GLINT HERBST MOVED TO ADOPT THE ORDINANCE AMENDMENT AS PROPOSED THAT WOULD REQUIRE THE REGISTRATION OF ANY PEDDLER OR SOLICITOR INCLUDING RELIGIOUS AND CHARITABLE ORGANIZATIONS AND WOULD CONTINUE THE PROCESS OF PERMITTING TRANSIENT MERCHANTS. BRIAN STUMFF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. sideration of establishing a erocess for the sale of senior citizens facili . 12. Cop.-- r Council Minutes - 9/27/99 City Administrator, Rick Wolfsteller informed the Council that he had received several inquiries about the senior citizens facility and brought this up to the Council to get some direction on how they want to handle it. After discussing the various options, it was felt that the Council should set a price and then they could review any offers that were received. BRIAN STUMPF MOVED TO SET AN ASKING PRICE FOR THE SENIOR CITIZEN FACILITY AT $190,000 AND ACCEPT OFFERS FOR A PERIOD OF 60 DAYS WITH ALL OFFERS AND TERMS CONSIDERED BY THE COUNCIL BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Apnrove_nayment..gf bills, for second half of September. BRIAN STUMPF MOVED TO APPROVE FAYMENT OF BILLS. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ii The Council then discussed Item SB which had been tabled earlier in the meeting. Kitty Baltos explained how the fees far the combined membership were arrived at. The monthly rate for each entity was discounted 25% and then combined. Mayor Belsaas pointed out that the fees could be adjusted at a later date if needed. ROGER CARLSON MOVED TO APPROVE THE THREE MONTH FUN PASS AND THE COMBINED MEMBERSHIP PROGRAM AS WRITTEN. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Clint Herbst brought up the parking on Cedar Street by the Goodyear Tire store. In previous Council action the staff was directed to place "No Parking" signs on Cedar Street but none had been installed. The Council directed that the signs be erected BRUCE THIELEN MOVED TO ADJOURN AT 8:35 P.M. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 6