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City Council Minutes 02-23-2004Council Minutes — 2/23/04 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, February 23, 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 and declared a quorum present. The Pledge of Allegiance was said. 2. Approve minutes of the February 9, 2004 regular Council meeting. ROBBIE SMITH MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 9, 2004 REGULAR COUNCIL MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Glen Posusta added a discussion of the ice rinks, Cedar Street and an update on the Walnut Street Parking lot to the agenda. 4. Citizen comments, petitions, requests and complaints. Mayor Thielen explained the purpose of the citizen comments portion of the agenda. There was no one present who spoke under citizens comment. 5. Consent Agenda. A. Consideration of ratifying new hires for the Streets, Parks and Liquor Store. Recommendation: Ratify the hiring of employees as identified. B. Transfer of Liquor license for J.P's. Recommendation: Approve the transfer of the on -sale liquor license for Jalapeno's at 530 Cedar Street to Wayne Senior contingent upon submittal of a revised certificate of insurance. C. Approval of the Stipulation for Settlement: Jameson Quiet Title Action. Recommendation: Approve the formal adoption of the settlement agreement on the quiet title action. D. Consideration of request for approval of development stage planned unit development for common signage and a conditional use permit for open or outdoor rental as an accessory use in the B-3/Highway Business District. — Applicant: Glen Posusta. Recommendation: 1) Approve development stage PUD for common signage based on a finding that the exchange of additional sign height for prohibition of other Council Minutes — 2/23/04 freestanding signs in the PUD meets the intent of the zoning ordinance and contingent upon the conditions listed below; 2) Approve the conditional use permit for outdoor sales, rental and display based on the finding that the site is appropriate for this type of land use, and that the applicant has met the conditions appropriate for the use and the location and contingent upon the conditions listed below: a. Other than the proposed 25 foot tall sign, no freestanding signage shall be permitted in the PUD property. b. The applicant shall remove all other existing signage within thirty days of construction of the proposed pylon sign. c. The applicant shall provide financial security guaranteeing removal of the existing signage and the step van. The amount of financial security to be approximately equal to the cost to complete item #2 above. The step van may be parked on the same property as the U -Haul rental equipment. d. The proposed sign should be designed to add additional materials to the structural posts, and ensure that the sign does not create glare onto adjacent property or the public streets and highways. e. The applicant may maintain up to 25 U -Haul trucks and/or trailers within the limits of the self storage area and as shown on the approve site plan. f. Existing and future commercial uses in the PUD shall be permitted wall signage consistent with the standards of the zoning ordinance. E. Removed from agenda F. Consideration of authorizing feasibility study for I-94 watermain crossing at Meadow Oaks. Recommendation: Adopt resolution authorizing preparation of a feasibility report for the watermain connection from Meadow Oak Drive to the Sunset Ponds development. G. Consideration of authorizing feasibility study for storm sewer outlet for Meadow Oaks. Recommendation: Adopt resolution authorizing preliminary survey and preparation of a feasibility report for the Meadow Oakes Pond outlet. H. Consideration to approve amending the by-laws of the Design Advisory Team. Recommendation: Move to approve the amendments to the by-laws of the Monticello Design Advisory team as recommended by DAT I. Consideration of resolution authorizing sale of property. Recommendation: Adopt a resolution authorizing the sale of Lots 5, 6, 7 and 8, Block 3, The Meadows 2" d Addition to Homestead Multi -Family Development Corporation in accordance with the approved developer's agreement dated September 2002. Bruce Thielen indicated item 5D was being removed from the consent agenda because it involved an application by a councilmember. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM #51) SO THAT COUNCILMEMBER POSUSTA COULD ABSTAIN 2 Council Minutes — 2/23/04 FROM VOTING ON THAT ITEM. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. Item 5D related to approval of a development stage planned unit development for common signage and a conditional use permit for open or outdoor rental as an accessory use. ROGER CARLSON MOVED TO APPROVE THE REQUEST FOR APPROVAL OF DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT FOR COMMO SIGNAGE AND A CONDITIONAL USE PERMIT FOR OPEN OR OUTDOOR RENTAL AS AN ACCESSORY USE IN THE B-3/HIGHWAY BUSINESS DISTRICT FOR AMAX STORAGE. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA ABSTAINING. Added Items: Ice Rinks: Glen Posusta asked how attendants at the ice rinks were monitored. He questioned those particular times when the weather was too warm or when the weather was extremely cold. Public Works Director, John Simola indicated that the policy is that if the weather is -10°, the rink attendants are to close the rinks. In the instances where the weather gets warm and the ice is not suitable for skating, the Park Superintendent makes the determination if the rink should close. If the rinks are closed a notice is posted at the rink. If desired, John Simola will provide the dates the rinks were opened and attendance figures for the use of the rinks. Glen Posusta also expressed concern about policing of rink activities. Cedar Street: Glen Posusta indicated that there are two lights on Cedar Street that are not working and those are the two lights that are on his property. City Engineer, Bret Weiss indicated that one light is being relocated because of the overhead power lines. However, the relocation cannot be done until the ground is thawed. It is proposed to relocate the light just north of its present site. The City is working with Xcel Energy on the matter. Glen Posusta asked if final payment had been made to the contractor. Public Works Director, John Simola indicated that this was an outdoor project contract with Excel and not part of the overall project contract. He will check on whether final payment has been made. Glen Posusta also asked who made the determination on what type of lights are installed. John Simola indicated that in this case because the developer was paying for the bulk of the cost, he requested a certain type of light. Glen Posusta also questioned why Cedar Street was not plowed after the most recent snowfall. Walnut Street Parking Lot: Glen Posusta asked what the status was on this project. City Administrator, Rick Wolfsteller stated that staff is in the process of preparing bid documents. It is planned that the project will be ready to go when the road restrictions are off in the spring. 7. Approve payment of bills for Februarv. ROBBIE SMITH MOVED TO APPROVE PAYMENT OF THE BILLS. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. J Council Minutes — 2/23/04 8. Adjourn. ROGER CARLSON MOVED TO ADJOURN AT 7:15 P.M. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary