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City Council Minutes 08-14-2000MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, August 14, 2000 - 7 p.m. Members Present: Roger Belsaas, Clint Herbst, Brian Stumpf and Bruce Thielen Members Absent: Roger Carlson Mayor Belsaas called the meeting to order at 7 p.m. and declared a quorum present. 2. Approve minutes of July 24, 2000 regular council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE JULY 24, 2000 REGULAR COUNCIL MEETING. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Rick Wolfsteller, City Administrator requested that the Council set a meeting time to act on matters relating to litigation the City is currently involved in. 4. Citizen comments/petitions, requests and complaints. Dustin Aydt came before the Council regarding recreational facilities. He noted that the City has a skate park and was wondering if they would consider a facility for biking or if bikes would be able to use the ramps that are part of the skate park. Bruce Thielen explained that the ramps in the skate park were not designed for bike use. If something was done for the bike users it would have to be a separate facility from the skate park. 5. Consent Agenda A. Consideration of appointing election judges for the 2000 primary and general election. Recommendation: Appoint election judges contingent upon completion of election judge training. B. Consideration of approval of concept stage development for PUD. Applicant: Church of St. Henry, Barry Bluhm and Don Bauer. Recommendation: Motion for approval of the PUD concept conditioned on the applicants' ability to address the issues identified at the public hearing for each of the three primary components of the project, and the submission of appropriate development stage PUD plans and applications, including site plans, grading and drainage plans, utility plans, building and floor plans, and landscaping plans as appropriate. A survey of existing conditions should also be prepared to verify site conditions and building locations. Council Meeting - 8/14/00 C. Consideration of an amendment to the zoning ordinance regulating housing density standards and an amendment establishing minimum green space and/or maximum lot coverage standards for residential development. Recommendation: Move to approve the amendment based on a finding that the regulation of density by zoning district is in keeping with the intent of the Comprehensive Plan and other density projections used for engineering purposes. Ord. Amd. #350. D. Consideration of establishing revised setback standards for residential uses in the Original and Lower Monticello plats. Recommendation: Move to approve a zoning ordinance amendment based on a finding that it is consistent with the Comprehensive Plan goal of encouraging reinvestment in the existing housing stock. Ord. Amd. #352. E. Consideration of seeking matching funds for soccer field development. Recommendation: Move to support soccer field development program and associated School District request for Mighty Kicks grant funding. F. Consideration to approve a resolution amending the Contract for Private Development by and between the Authority, the City, and Twin City Die Castings Company. Recommendation: Approve the resolution amending the Contract for Private Redevelopment by and between the Authority, the City, and Twin City Die Castings. Res. No. 2000-56. G. Consideration of approval of Change Orders No. 1 and No.3, Project 98-03C, Chelsea Road East and Project No. 98-13C, Walnut Street. Recommendation: Approve Change Orders No. 1 and No.3 for Buffalo Bituminous to City Projects No. 98-08C and No. 98-13C for a total add amount of $202.45. H. Consideration of approval of Change Order No. 16, Project 96-04C, TH 25. Recommendation: Approve Change Order No. 16 for Project 96-04C resulting in a net decrease in the contract with Buffalo Bituminous of $5,802. Consideration of ratifying new employee appointments. Recommendation: Approve the hiring of Mr. Michael Gresser as building custodian for the Community Center facility. J. Consideration of approving statement of understanding between City of Monticello and American Red Cross. Recommendation: Approve the statement of understanding between the City and the American Red Cross and authorize its execution. K. Consideration of adopting a resolution approving Heartland Express budget for 2001 and Transit Assistance application. Recommendation: Adopt a resolution approving the Heartland Express 2001 budget Plan and Transit Assistance application. Res. No. 200-54 L. Consideration of acceptance of improvements - River View Square. Recommendation: 00 6. Council Meeting - 8/14/00 Accept the improvements for the River View Square Development as recommended by the City Engineer and begin two year warranty period. M. Consideration of adopting a joint resolution supporting annexation - Groveland Development. Recommendation: Move to adopt the joint resolution supporting annexation of the parcel of land lying between Gould's Chevrolet and D & D Bus Service. Res. No. 2000-55. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS 5A, 5B AND 51. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Consideration of items removed from the consent agenda for discussion. Item #5A - Clint Herbst questioned whether a pay increase was warranted for the election judges. They currently received $5.50/hour. CLINT HERBST MOVED TO INCREASE THE HOURLY RATE FOR THE ELECTION JUDGES TO $8.00/HOUR. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. CLINT HERBST MOVED TO APPOINT THE FOLLOWING AS ELECTION JUDGES FOR THE 2000 PRIMARY AND GENERAL ELECTION: Yvonne Smith Jeanette Host Kaye Gauthier Florence Mayer Lucille Clausen Rita Soltau Opal Stokes Rosemary Dahl Jan Irvine Edith Custer Lynnea Gilham Sandy Suchy Mary Daniels Elaine Nelson Judy Moody Robert Nelson Lori Slack BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Item #513 - Clint Herbst stated that he had a concern about the private driveway on the townhome portion of the proposal. Two options were originally presented; one with the driveway along the north side of the units and the other with the driveway splitting the units. A third option that Clint Herbst felt should be considered was having the driveway on the south side of the units. Don Bauer was present and spoke on the options for the driveway location. CLINT HERBST MOVED TO APPROVE THE CONCEPT STAGE PUD CONDITIONED ON THE APPLICANTS' ABILITY TO ADDRESS THE ISSUES IDENTIFIED AT THE PUBLIC HEARING FOR EACH OF THE THREE PRIMARY COMPONENTS OF THE PROJECT, Council Meeting - 8/14/00 AND THE SUBMISSION OF APPROPRIATE DEVELOPMENT STATE PUD PLANS AND APPLICATIONS INCLUDING SITE PLANS, GRADING AND DRAINAGE PLANS, UTILITY PLANS, BUILDING AND FLOOR PLANS AND LANDSCAPING PLANS, AS APPROPRIATE AND CONSIDERATION OF AN OPTION PLACING THE DRIVEWAY ON THE SOUTH SIDE OF THE UNITS. A SURVEY OF THE EXISTING CONDITIONS SHOULD ALSO BE PREPARED TO VERIFY SITE CONDITIONS AND BUILDING LOCATIONS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Item #5I Bruce Thielen questioned if utilizing the ratification process on part-time and seasonal employees would hinder the City in getting their departments staffed in a timely fashion. It was noted that Council approval could come after the hiring had taken place. BRUCE THIELEN MOVED TO APPROVE THE HIRING OF MICHAEL GRESSER AS BUILDING CUSTODIAN FOR THE COMMUNITY CENTER. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Report of liquor store operations for first and second quarters. Joe Hartman was present and reviewed with the Council the liquor store operations for the first six months. The Council accepted the liquor store report. 9. Consideration of market study for second liquor store site. Because the liquor store manager was present at this time, the Council addressed agenda item #9. Joe Hartman reported on preliminary work they were doing to determine where the liquor store business was coming from. The preliminary data shows that of the sales approximately 60% is local and 40% from outside the city. Joe Hartman stated that his belief that convenience was a primary consideration for people in selecting where they will make their purchase. He also noted that in comparing their prices with other stores, the Monticello Liquor Store was competitive with the others. Because of the capital outlay involved, it was the consensus of the Council and staff that a market study was warranted. The questions to be considered in the market study include: 1) Opening a second store; 2) Expanding the existing store; 3) Do both open a second store and expand the existing store; or 4) Do neither. Joe Hartman felt a new store should be comparable in size to the existing facility. It was suggested to include in the market study a recommendation as to the size of second store if a second store is recommended. BRUCE THIELEN MOVED TO AUTHORIZE GRINSTEAD AND ASSOCIATES TO PREPARE A MARKETING REPORT FOR VARIOUS OPTIONS INCLUDING THE EXPANSION OF THE EXISTING STORE AND/OR BUILDING OF A SECOND STORE WITH THE STUDY TO INCLUDE A CUSTOMER SURVEY AT A COST NOT TO EXCEED $6,445. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. n Council Meeting - 8/14/00 8. Establish budget workshop date. The Council established Monday, August 28, 2000 at 5:30 p.m. for a workshop on the 2001 budget. 10. Consideration of reviewing; development options for Ferrell Gas Site. City Administrator, Rick Wolfsteller, provided a summary of what had transpired to date noting that the proposal had changed from a multi -use development to strictly a commercial development. Because of this change, the proposal must go back to the Planning Commission for their consideration. It is proposed that the Planning Commission will be reviewing the revised plan at their September 5th meeting. The question that was being put to the Council was whether they felt the residential element of the original proposal should be retained as part of the development or if they felt comfortable with just commercial development for this site and if the Council wanted the residential element retained in the proposal should the City seek RFP's on this concept. Clint Herbst stated that when the Planning Commission considered this proposal at their August meeting, the developer did not give any indication that they were unwilling to do the residential portion of the project or that the residential portion was not economically or otherwise a feasible element of the project and he wondered what caused the change in development plans and at what point did the developer know they would not proceed with the residential development. Ken Barthel responded that high water table did add considerable cost to the project and was a factor in their decision not to proceed with the residential portion of the development. The Council discussed whether the residential use should be kept as part of the development. Clint Herbst noted that this was the only opportunity the City has had to .incorporate a residential and commercial mixed use in the CCD District. It was pointed out, however, that in the original RFP's the residential element for the development was not a requirement. The Council discussed a purchase price for the property. The City's figure of land and parking requirements was $573,447.50. The offer from Silver Creek Real Estate Development was $423,674.50. The Council discussed the cost of parking lot construction and number of parking stalls needed. BRIAN STUMPF MOVED TO PROCEED WITH THE POTENTIAL DEVELOPMENT OF THE FERRELL GAS SITE WITHOUT A RESIDENTIAL COMPONENT BEING PART OF THE MIXED USE DEVELOPMENT AND WITH THE PROPOSED DEVELOPMENT BEING SUBMITTED TO THE PLANNING COMMISSION. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5 Council Meeting - 8/14/00 CLINT HERBST MOVED TO OFFER THE PROPERTY AT A PRICE OF $520,000 BASED ON AN ACCEPTABLE DEVELOPMENT BEING APPROVED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. BRIAN STUMPF MOVED TO EXTEND THE TIME FRAME THE CITY WILL EXCLUSIVELY WORK WITH SILVER CREEK REAL ESTATE DEVELOPMENT ON THE FERRELL GAS SITE UNTIL OCTOBER 1 ST. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Consideration of a request for approval of a development stage PUD containing a multi- family structure with more than 12 units. The Consulting Planner, Cindy Sherman report on the special Planning Commission meeting held prior to the Council meeting to consider this item. The Planning Commission received a plan which they approved subject to the staff working out details. The development stage approval and final approval was being combined into one subject to working out the issues noted in the staff report. Bret Weiss, City Engineer, noted that there were concerns about the drainage in the area. He indicated that the storm sewer in Cedar Street was not sufficient and they needed to find some additional ponding area and there were other drainage issues as well. Bret Weiss also pointed out some issues with having a turnaround for emergency vehicles. CLINT HERBST MOVED TO APPROVE THE DEVELOPMENT STAGE AND FINAL STAGE CUP/PUD FOR SILVER CREEK REAL ESTATE FOR A 22 UNIT TOWNHOUSE PROJECT ON EAST 7TH STREET BASED ON THE CONDITION THAT ISSUES RAISED IN THE STAFF REPORT TO THE PLANNING COMMISSION ARE ADDRESSED IN A SATISFACTORY MANNER TO THE STAFF. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Consideration of concept and development stage for planned unit development for Klein Farms Estates 4t" and consideration of approval of preliminary plat for Klein Farms Estates 4'. Consulting Planner, Cindy Sherman summarized Planning Commission comments on this item as it was discussed at the special meeting. The Planning Commission noted issues with landscaping plan, drainage and utility plans and also review by the developer of an alternative site plan submitted by the City's planner. CLINT HERBST MOVED TO APPROVE THE CONCEPT STAGE CUP/PUD AND PRELIMINARY PLAT FOR KLEIN FARMS ESTATES 4TH BASED ON A FINDING THAT THE PROPOSED PLAT IS CONSISTENT WITH THE ZONING DISTRICT AND Council Meeting - 8/14/00 NEIGHBORING USES. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Consideration of an amendment to a planned unit development in a B-3 District to allow the expansion of an auto sales and storage lot. Applicant: Dave Peterson's Monticello Ford. Fred Patch provided a history of this item and the numerous times it came to the Planning Commission before the Planning Commission recommended denying the conditional use permit for the amendment of the planned unit development in a B-3 District to allow the expansion of an auto sales and storage lot because the necessary information was not submitted to the Planning Commission. Fred Patch noted that since the Planning Commission action, a site plan has been submitted by Dave Peterson but the City Engineer has not yet had an opportunity to review it. It was pointed out that there are concerns about the drainage and outflow structure. There was no topographical information submitted with the site plan so the City still does not have all the information that is needed. Steve Johnson was present and was asked about the schedule for completing improvements to this project. Mr. Johnson indicated he would not be able to provide a timetable until approvals were given. The Council asked Mr. Johnson if he could supply the needed information to the Planning Commission in time for their next meeting. Mr. Johnson indicated that it could be done. BRUCE THIELEN MOVED THAT THE APPLICANT SUBMIT THE ADDITIONAL INFORMATION NEEDED AND THIS ITEM BE RETURNED TO THE PLANNING COMMISSION FOR THEIR SEPTEMBER 5TH MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 14. Consideration of a zoning text amendment establishing a building to site area ratio for auto sales commercial buildings in the B-3 Zoning District. This amendment to the ordinance was a result of the Planning Commission consideration of the Dunlo Auto Sales request. The Planning Commission reviewed ordinance amendment and recommended approval as they feel it addresses the concern that small buildings would be located on large commercial parcels which would result in oversize sales and storage lots. CLINT HERBST MOVED TO APPROVE THE ORDINANCE AMENDMENT ESTABLISHING A GRADUATED BUILDING LOT COVERAGE FOR AUTO SALES IN THE B-3 DISTRICT. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Ord. Amd. No. 351. 15. Review of annual sidewalk inspection report. Public Works Director, John Simola briefly reviewed the sidewalk report with the Council. 7 Council Meeting - 8/14/00 BRUCE THIELEN MOVED TO ACCEPT THE ANNUAL SIDEWALK REPORT AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO OBTAIN QUOTES FOR THE REPLACEMENT OF THE DEFECTIVE SIDEWALK PANELS INCLUDING CURBING AND ONE PEDESTRIAN RAMP AND PROCEED WITH THOSE REPAIRS AS SOON AS POSSIBLE. THIS INCLUDES NOTIFICATION TO THE PROPERTY OWNER AT 113 EAST 4TH STREET ON THEIR SHARE OF THE SIDEWALK REPAIR. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 16. Review of final plan on County road 75/Highway 25 intersection turn lanes and authorization to obtain quotes. Public Works Director, John Simola provided the background information and drawings of the proposed project. He indicated that a change from the previous drawings the Council had reviewed is that only 200' of median on either side of TH 25 is being removed. This change reduces the cost from approximately $40,000 to $20,000. It is possible that this project could be done either as a change order to a county improvement project or the City could get quotes for the proposed improvement. BRUCE THIELEN MOVED TO APPROVE FINAL PLANS FOR THE DESIGNATED LEFT TURN LANES FROM CSAH 75 TO TH 25 AND TO AUTHORIZE THE CITY STAFF TO PROCEED WITH THE PROJECT AS LONG AS THE QUOTES ARE WITHIN THE $15,000 t TO $20,000 ESTIMATED COST. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 17. Consideration of extending probationary period for Water & Sewer Collection Employee (Sean Weis). It is a requirement that employees of the Public Works Department live within a ten mile distance so that they can respond in a timely manner in emergencies and call back situations. Sean Weis an employee in the Water/Sewer Department has been employed by the City since January but has not yet complied with the requirement of residing within a ten mile distance. It is requested that the Council extend the probationary period to allow an additional 90 days for the employee to meet the requirement. BRIAN STUMPF MOVED TO APPROVE AN EXTENSION OF 90 DAYS TO THE PROBATIONARY PERIOD FOR SEAN WEIS IN ORDER TO ALLOW HIM TIME TO FIND A RESIDENCE WITHIN TEN MILES OF THE CITY SHOP. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 18. Consideration of counter offer for purchase of Eisle property. Previously the Council had authorize an offer of $130,000 for the property owned by Jim Eisle. Mr. Eisle responded with a counter offer of $145,000 but this counter offer was not submitted in writing. In addition to the $145,000 there were some other items the property owner requested to 0 Council Meeting - 8/14/00 remove from the site if the counter offer was accepted. The Council discussed the property and structure and what they felt was an appropriate price. The proposed use by the City would be for storage and City staff had priced out the cost of constructing a three stall garage and it was considerably less than the cost of the Eisle property. The question was whether the City would consider the acquisition of this site for future of expansion. BRIAN STUMPF MOVED TO DENY THE COUNTER OFFER ON THE EISLE PROPERTY. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Fred Patch asked if the $130,000 offer the City made was still standing and the Council indicated it was. 19. Approve payment of bills for August, 2000. BRUCE THIELEN MOVED TO APPROVE PAYMENT OF BILLS FOR AUGUST. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Other: The Mayor called for an emergency meeting of the City Council for Tuesday, August 15, 2000 at 7:30 p.m. to consider litigation items. 20. Adjourn. BRIAN STUMPF MOVED TO ADJOURN AT 8:45 P.M.. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ��ou�sc Recording Secretary I