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City Council Minutes 04-08-1996MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, April 8, 1996 - 7 p.m. Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Brian Stumpf, Tom Perrault Members Absent: None 2. Approval of minutes of the regular meeting held March 25, 1996. Councilmember Perrault noted that Shirley Anderson seconded the motion for item #11 of the March 25 minutes. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD MARCH 25, 19967 AS CORRECTED. Motion carried unanimously. 3. Consideration of adding items to the agenda. A. Consideration of amending motion regarding Riverfest fireworks i la City staff member Wanda Kraemer requested a clarification of the February 26, 1996, Council motion authorizing fireworks for the Riverfest celebration. She reported that the Lions Club requested that they be allowed to choose the company for displaying the fireworks, as they felt they could obtain a better price. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO AMEND THE MOTION REGARDING RIVERFEST FIREWORKS TO STATE THAT THE CITY AUTHORIZES DISPLAY OF FIREWORKS AT THE RIVERFEST CELEBRATION AT A COST NOT TO EXCEED $8,000. Motion carried unanimously. It was the consensus of Council to strongly recommend to the Lions Club that the fireworks display be held on Saturday evening of the Riverfest celebration. 4. Citizens comments/petitions, requests, and complaints. A. John Bichler requested that Council clarify whether their previous denial for a 6/12 roof pitch for his proposed home in the Eastwood Knoll subdivision also included denial of issuance of a building permit. Page 1 Council Minutes - 4/8/96 He noted that his proposed house plans meet all city ordinances but not the covenants; therefore, he requested that the minutes include whether or not a building permit was also denied. Building Inspector Gary Anderson noted that a building permit would be denied in any subdivision where the proposed structure did not meet the covenants. 5. Consent agenda. A. Consideration of a conditional use permit request which would allow development of a 3 -bay quick lube facility. Applicant., Dan and Linda Mielke. Recommendation: Approve the conditional use permit allowing a 3 -bay quick lube oil facility provided that the facility meets all the conditions outlined by ordinance and subject to the following additional conditions: 1. Completion of a landscaping plan that is consistent with code requirements. 2. Completion of site grading and drainage plan that is acceptable to the City Engineer. 3. The conditional use permit is subject to staff review and approval of the architectural design of the structure. If staff believes that the design does not meet the requirements of condition #2, then staff is directed to bring the matter back before the Planning Commission for additional review. Approval is based on the finding that the quick lube oil facility use and associated site plan are consistent with the character of the B-3 zone, and the site plan meets conditions as outlined by ordinance and additional conditions as required by Council. B. Consideration of a conditional use permit request which would allow three or more business signs on a commercial buildine. Annlicant. Stephen Conroy. Recommendation: Approve the conditional use permit which would allow three or more business signs on a commercial building. Approval is based on the finding that the pylon sign proposed is consistent with city code and meets all city requirements. Page 2 Council Minutes - 4/8/96 C. Consideration of a resolution accepting updated feasibility study and authorizing preparation of plans and specifications - Briar Oakes Estate Second Addition - Project 96-02C. Recommendation: Adopt a resolution accepting the updated feasibility study and authorizing preparation of plans and specifications for Briar Oakes Estate Second Addition subject to the developer providing a deposit in an amount equal to the approximate cost to complete the plans and specifications. SEE RESOLUTION 96-12. D. Consideration of a resolution approving plans and specifications and authorizing advertisement for bids - Project 96-01C, Dundas Road extension. Recommendation: Adopt a resolution approving plans and specifications and authorizing advertisement for bids for Project 96-01C, Dundas Road extension. SEE RESOLUTION 96-13. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO APPROVE THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. 6. Consideration of a conditional use permit request which would allow outside sales of boats and outside storage Applicants, Leonard Haberman and Dean Rasmussen. Building Inspector Gary Anderson reported that Lenny Haberman, operator of Lenny and Jim's Bait Shop, and Dean Rasmussen, owner of the Glass Hut property, request permission to allow Haberman to display and sell up to six boats outside of the structure, including items such as fishhouses in the winter. The request also included permission for outside storage. The site is currently a lawful, nonconforming use, with the parking lot, landscaping, and outside storage arrangements in violation of city code. It was noted that when intensification of a nonconforming use is requested, the nonconforming aspects of the site need to be brought up to code. Under the plan as prepared, the applicants request that they be allowed to establish their outside sales area with the goal of phasing -in completion of site improvements. Anderson noted that a concrete sidewalk would be installed as an entrance to the bait shop and Glass Hut, landscaping would be installed between the sidewalk and building, and the existing sign would be moved closer to the intersection of Highway 25 and Marvin Road to encourage customers to use that entrance rather than the Sandberg Road/Highway 25 intersection. The outside storage would remain but would include screening. The applicants requested at least three years to install the required bituminous paving and parking improvements, including curb and gutter. In the interim, it was proposed that additional crushed granite be added to the drive areas as needed. Page 3 Council Minutes - 4/8/96 The Planning Commission recommended approval of the conditional use permit with conditions, including that bituminous paving and parking improvements be installed by July 1, 1999. City Engineer Bret Weiss noted that MN/DOT has plans for upgrading Highway 25 in 1997 and are requesting additional funding for a four -lane highway all the way to Kjellbergs Park. If the project goes through, he noted that it was very possible that improvements would also be made at that time to the unimproved Marvin Road right-of-way. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO APPROVE THE CONDITIONAL USE PERMITS ALLOWING OUTSIDE STORAGE AND OUTSIDE SALES AT THE GLASS HUT SITE SUBJECT TO COMPLETION OF A PLAN FOR PHASING IN ALL IMPROVEMENTS REQUIRED BY CODE, WHICH INCLUDE: A. Bituminous paving and parking improvements, including curb and gutter, must be installed at the time Marvin Road is improved but no later than July 1, 1999. B. Immediate installation of required landscaping. C. Installation of a screening fence around the perimeter of the storage area. D. Immediate installation of curb along the Highway 25 side of the property. E. Crushed granite must be applied to all drive areas. F. Outside sales is limited to six spaces. Motion is based on the finding that the proposed use is consistent with the character and nature of the B-3 zoning district and the neighborhood in general. Motion carried unanimously. 7. Consideration of approving final plat of the Prairie West subdivision re 1p at Applicant, John Komarek. John Komarek requested that Council approve the final plat of the Prairie West subdivision. It was noted that Council approved the preliminary plat of the replat of this subdivision contingent upon adjustments being made to accommodate the setbacks, vacation of Broadway Circle, and conditions of the PUD. Komarek was also granted setback variances for four lots along the railroad right-of-way. Page 4 Council Minutes - 4/8/96 The final plat included vacation of Broadway Circle, lessening of the variances along the railroad side of the property, and reduced density to make a less congested development. The City would continue to have easement rights for access to sanitary sewer and water main. In addition, it was also noted that Komarek has been working with the City Administrator and HRA to develop a second phase for extending the project into neighboring properties. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT HERBST TO APPROVE THE FINAL PLAT OF THE PRAIRIE WEST FIRST ADDITION SUBJECT TO THE FOLLOWING CONDITIONS: 1. Review and approval of utility, roadway, grading, and drainage plans by the City Engineer. 2. Execution of a development agreement outlining project financing. Komarek would obtain bank financing with the City securing the funds for the project through a disbursement agreement. 3. Completion of a site landscaping plan and parking plan acceptable to City staff. 4. Preparation of Prairie West Association bylaws. 5. Final plat approval subject to the vacation of Broadway Circle. Motion carried unanimously. 8. Consideration of adopting design standards and trunk storm sewer fee formula. City Engineer Bret Weiss reported that the Council previously approved in concept the development of a trunk storm sewer fee program which would allow the City to capture funds necessary to construct trunk storm sewer improvements. The purpose of the fee program is to avoid situations where development occurs upstream prior to completion of downstream improvements. The proposed program would allow for collection of storm water in large basins rather than on individual lots, which would focus maintenance activities in fewer areas and should result in lower maintenance costs in the long run. After considerable study, it was found by the City Attorney, City Engineer, and City staff that the cost to build storm water conveyance systems was relatively consistent throughout the five watersheds that drain to the river; Page 5 Council Minutes - 4/8/96 therefore, a uniform charge was established throughout the developing areas for access to trunk storm sewer. The fee program as proposed included costs based on the construction of the actual facilities needed to manage storm water and also includes land acquisition costs. The formula used to calculate the land value would be based on the City's estimation of the cost to acquire land plus an additional administrative expense associated with the possibility of condemnation. Weiss noted that the difference between the sanitary sewer/trunk water main charges and the proposed trunk storm sewer fees is that the trunk storm sewer fee would be based on a net acre basis, which includes only the actual land that can be developed minus wetlands, parks, etc. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO ADOPT THE TRUNK STORM SEWER FEE GUIDELINES AND ASSOCIATED FORMULA FOR CALCULATING FEES AS PROPOSED. Motion carried unanimously. 9. Consideration of awarding bids for Project 96-03C, Refurbishment of Wells #1 and #3. Public Works Director John Simola reported that five bids were received for refurbishment of deep well pumps #1 and #3 ranging from a total base bid of $12,083 to a high of $26,301. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO ACCEPT THE LOW BID AND AWARD THE CONTRACT TO ALBERG WATER SERVICES OF ELK RIVER. Motion carried unanimously. There being no further business, the meeting was adjourned. Karen Doty Office Manager Page 6