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City Council Minutes 04-12-1999MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, April 12, 1999 - 7 p.m. Members Present: Roger Belsaas, Clint Herbst, Roger Carlson, Bruce Thielen Members Absent: Brian Stumpf 2. A. A roval of minutes of the s ecial meetin held March 22 1999. "The minutes were amended to note that Roger Carlson was absent from the meeting. A 1VI0'1"ION WAS MADE BY BRUCE THIELEN ANU SECONDED BY CUNT HERBST TO APPROVE 1'HI MINUTES OF THE SPECIAL MEETING HELD MARCH 22, 1999, AS AMENDED. Voting in favor: Roger Belsaas, Clint Herbst, Bruce Thielen. Abstaining: Roger Carlson. Absent: Brian Stumpf. Motion carried. B. Approval of minutes of the regular meeting held March 22, 19.99. A MOTION WAS MADE BY GLINT HERBST' AND SECONDED BY ROGER CARLSON TO APPROVE THE MINUTES OF 'I'1-1E REGULAR MEETING HELD MARCH 22, 1999, AS WRITTEN. Motion carried unanimously. C. Approval of minutes of the special meeting held April 6, 1999._ A MOTION WAS MADE BY CLINT IIERBST AND SECONDED BY ROGER CARLSON TO APPROVE THE MINUTES OI~' THE SPECIA.I_, MEETING; HELD APRIL 6, 1999, AS WRITTEN. Motion carried unanimously. 3. Consideration of adding items to the a eg nda. A. Councilmember Clint Herbst requested a copy of the last two employee evaluations for his review. Councilrnember Bruce Thielen suggested that a list of evaluations that have been completed be placed on the consent agenda once a year in order to keep the Council informed and that Council complete an evaluation for the City Administrator as well. AFTER DISCUSSION, A MOTION WAS MADE BY BR[JCE THIELEN ANU SECONDED BY CLINT HERBST TO DIRECT STAFF 'I'O PLACE EMPLOYEE EVALUATIONS ON THE CONSENT AGENDA AS THEY ARE COMPLETED ON EMPLOYEF, ANNIVERSARY DATES TO BE ACKNOWLEDGED BY CITY COUNCIL, ANU TO CONDUCT AN EVALUATION OF THE CITY ADMINISTRATOR PRIOR TO JUNE 1, 1999, AND ON HIS ANNIVERSARY DATE EVERY YEAR THEREAF'T'ER. Motion carried unanimously. Page 1 Council Minutes - 4/12/99 lJ 4. Citizens comments/petitions, requests, and complaints. A. Status report on Danner `T'rucking site redevelopment. Mr. Jim Fleming, attorney representing Bob Damier of Danner `l'rucking, requested information from the City to determine what steps need to be taken to obtain a building permit for reconstruction of the Danner `I~rucking building located between Cedar Street and South Highway 25. Ile noted that in January 1998, Council approved an interim use permit and vacation of Marvin Road easement, which would grant one-half of the vacated road easement to Mr. Danner for the purpose of enlarging the land area to rebuild. Since that time, the necessary plans/drawings have been provided by Mr. Danner; however, arrangements have not yet been made to allow him to acquire interest in the property he needs to enlarge the site to accommodate the building and meet city code. City Attorney Dennis Dalen explained that the vacation of Marvin Road is not complete, as it is contingent on Mr. Danner obtaining a purchase agreement. It appears at this time the City has control of the site; however, the City is not in a position to give up the property for approximately two years until fhc construction phase of the Highway 25 project is complete. 1. Council discussed the location of the building relative to the temporary road area. It was suggested that perhaps a building permit could. be issued contingent upon the City receiving a temporary easement to use the property during the construction phase and that a purchase agreement could be negotiated with a delayed closing date and. provisions for him to continue use of the land. Mr. Dalen agreed that it would be possible to negotiate a purchase agreement and close on the property upon completion of FIighway 25. He also noted that an alternative would be to sell the property to Mr. Danner, maintain a construction easement, and build the Danner Trucking parking lot when the project is complete. He estimated that the issue could be settled within 30 days. Deputy City Administrator Jeff O'Neill. reported that the remnant parcel created by the realignment of Cedar Street would also need to be resolved. It was noted that if some of the property on Cedar Street was needed, it could be sold at market value. Mr. Fleming indicated that previous discussions indicated only the cost of condemnation. It was the consensus of Council that City staff move ahead on resolving the issue with Danner Trucking and forward a status report to the Council on April 26, 1999. Page 2 C-ouncil Minutes - 4/12/99 B. Ms. Louise Fasen of 110 C tillcrest Road requested that Council consider installing a pedestrian overpass or underpass for crossing County Road 7S, as many families with small children and bicycles find it difficult to cross County Road 75 to reach the pathway system. Mayor Belsaas noted that there have been discussions regarding an overpass for East County Ctoad 75 and that he was aware that County Road 75 was also difficult to cross at River Street/Prairie Road. City Engineer Bret Weiss added that improvements to the Prairie Road area have been considered but are not on the County's agenda at this time. Mayor Belsaas suggested that the Public Works Director and City Engineer study the possibility of a County Road 75 pedestrian overpass for future Council review. 5. Consent a eg nda. A. Consideration of movin = ublic hearin date for CSAH 75 ro'ect from A ril 12 l 999, to Apri126, 1999. Recommendation: Move the public hearing date from April 12, 1999, to Apri126, 1999, for the CSAH 75 project. B. Consideration of a resolution su ortin rc eal of the state sales tax for local government purchases. Recommendation: Adopt a resolution supporting the repeal of sales tax for local government purchases. SEE RESOLUTION 99-17. C. Consideration of a re nest for a conditional use ermit within the CCD zoning district to allow a shopt?in~: center. Applicant: Amcor Construction. Recommendation: Approve the conditional use permit for a shopping center in the Central Community District as presented by the applicant, subject to revisions recommended by the Design Advisory Team and the Planning Commission. D. Consideration of a conditional use permit for outdoor storage in an I-2 zone, and consideration of a variance to reduce the 5-ft setback to the curb to one 1 ft. Ap~cant: .Ebert Construction. Recommendation: Approve the conditional use permit allowing outside storage based on the finding that the conditional use permit is consistent with the character and geography of the area, will not result in depreciation of adjoining property, and is consistent with the comprehensive plan. Approval is subject to the following conditions: The area is fenced and screened from view of neighboring residential uses or, if abutting a residential district, in compliance with buffer yard requirements. 2. Storage is screened from view from the public right-of--way in cotrtpliance with Chapter 3, Section 2 [G], of this ordinance. Page 3 Council Minutes - 4/12/99 3. Storage area is grassed or surfaced to control dust. 4. All lighting shall be hooded anal so directed that the light source shall not be visible from the public right-of=way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. 6. Development of an opaque screening fence around entire perimeter of storage area. Material and equipment storage must not rise above the screening fence. 7. Screening fence detail to be submitted for staff approval prior to construction. No barbed wire or razor wire per city ordinance. E. Consideration of an amendment to the zonin code Cit Ordinance Title 10 Chapter 2, Section 2, Subsectio~l [FK] and. [FL], modif~g the definitions of floor area and livable floor area. A licant: Zonin Administrator. Recommendation: Adopt the ordinance amendment to 'l"itle ] 0, Chapter 2, Section 2, Subsections [FK] and [FL], providing definitions of floor area and livable floor area. SEE ORDINANCE AMENDMENT NO. 321. F. Consideration of amendment to Cit -Ordinance Title 10 Cha tb er 3, by adding Section 3-6A Gradin • and amendin Section 3-7 Land Reclamation and Section 3-8 Minim A licant: 7onin7 Administrator. Recommendation: Approve the ordinance amendment to Title 10, Chapter 3, by adding Section 3-6A, Grading; amending Section 3-7, Land Reclamation; and amending Section 3-$, Mining. SEE ORDINANCE AMENDMENT NO. 322. G. Consideration of rezoning Lots 5-13, Block 2; Hillside Terrace from I-1 to I-lA. Annlicant: City of Monticello. Kecommendation: Approve rezoning Lots 5-13, Block 2, Hillside Terrace, from I-1 to I-lA based on the finding that the proposed rezoning is consistent with the comprehensive plan, compatible with the adjoining land uses, will not result in the depreciation of adjoining land values, and there is a demonstrated need for the use. SEI ORDINANCE AMENDMENT NO. 323. H. Consideration of a rovin a tem orar on-sale li uor license for Ducks Unlimited Banquet and Riverfest. ApTlicant:_ Monticello Lions Club. Recommendation: Approve issuance of a temporary on-sale liquor license to the Monticello Lions Club for the Ducks Unlimited Banquet scheduled for May 10, the Arts and Crafts Expo in F.,llison Park on July 10, the Riverfest dance at the fire Page 4 Council Minutes - 4/12/99 hall on .luly 10, and the Riverfest Celebration on July 11, 1999, and allow aset-up license for the Ducks Unlimited Banquet. Approval is contingent on the Lions Club providing proper proof of liability insurance coverage and payment of the required fee. I. Consideration of resolution authorizin the renewal of a amblin license for the American Legion Club. Recommendation: Adopt a resolution authorizing the State Gambling Control Board to renew the gambling license requested by the American Legion Post No. 260. SEE RESOLUTION 99-18. Consideration of a resolution callin fora ublic hearin 7 on the Chelsea Road extension street and unlit im rovements. Recommendation: Adopt a resolution calling far a public hearing on April 2fi, 1999, for the Chelsea Road extension project. SEE RESOLUTION 99-19. A MOTION VAS MADE BY ROGER CARLSON AND SECONDED BY GLINT IIERBST TO APPROVE THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. 6. Consideration of items removed from the consent a enda for discussion. None. 7. Consideration of re uest b MOAA Board to remove Exhibit C from. Cit /'I~ownshi a =reement and re lace it with attern ro osed for that section under the com romise 1'1x11- On April 7, 1999, the 1VIOAA reviewed the compromise land use plan prepared by the City Council and responded with a request that the City consider eliminating the Southwest Area (Exhibit C) from the Township/City agreement and replace it with the land use pattern proposed under the City compromise plan. "1'he balance of the MOAA land use plan pertaining to Gold Nugget and points east would then continue to be open- ended and under study by the MOAA. Previously, at a joint meeting between the City Council and Township, it was agreed that Exhibit C would be eligible for removal from the agreement only at such time that agreement was achieved on the entire land use plan. Councilmember Bruce Thielen reported that at its last meeting, there was much discussion about the Gold Nugget area, and the Council adopted a resolution which identified a compromise by the Council and was forwarded to the MOAA Board. However, at the MOAA Board meeting, Councilmember Herbst noted that he was concerned about being bound by the Council's resolution, and Councilmember Thielen requested clarification of whether he intended to vote with the majority of the City Council. Page 5 Council Minutes - 4/12/99 Councilmember Herbst responded that he was concerned about not being able to vote on changes to the compromise without bringing the item back to the City Council for discussion. The Council discussed the Southwest Area, also known as Exhibit C. The Deputy City Administrator explained that the City was in the process of changing the land use designation for this area during the annexation process. The Chadwick property was designated as part industrial and part residential; however, it then became all industrial as a result of additional study after the agreement with the Township had been reached. He also noted that F,xhibit C of~that agreement did not include the Gold Nugget area because it was understood that the original City Comprehensive Plan would be followed by the MOAA. The Council also discussed the MOAA's proposal to leave the Gold Nugget area open. for further study. Knowing that the MOAA supports industrial uses in this area, there was concern by some of the Council that the City would lose its bargaining power if they approved a land use plan which left this area as agricultural pending fiirther study. The further study could result in turning Gold Nugget from residential to industrial, which is inconsistent with the City's Comprehensive Plan. The discussion centered around haw to ensure that the development would result in higher-end homes if zoned as residential per the City's Comprehensive Plan. It was suggested that only a portion of the area be annexed and that the developer be required. to show higher value homes are built. If the first phase of the development is not to the standard promised, further annexation could be denied. Deputy City Administrator Jeff O'Neill suggested that additional annexation criteria could be drafted for MOAA Board consideration. City Attorney Dennis Dalen noted that one way the City could guarantee higher value homes is to establish a new zoning district with larger minimum sq ft lot and structure requirements. The parcel located between I-94 and East County Road 7S was discussed, and it was suggested that perhaps it could be used for an additional commuter lot, or the State may need it for future freeway lanes. Staff was directed to review further options for this parcel. It was the consensus of Council to continue discussion of the land use plan at the Apri126 meeting. $. Consideration of reviewin ordinance amendment establishin term len th for Ma or. This item was tabled until the Apri126 meeting to allow input from all Council members. 9. Consideration of closin ark restrooms to the ublic evenin sand weekends and eliminatin the osition of Groundskee er/Maintenance Worker. Park Superintendent Gregg Engle reported that in an effort to reduce vandalism, maintenance time, and overtime last year, the Parks Commission approved closing the restrooms to the public in West Bridge Park, Ellison Park, and Fourth Street Park on Page 6 Council Minutes - 4/12/99 weekends and after 4:30 p.m. on weekdays, with satellites placed at each location. If one oI` the shelters is reserved, the resident is given a key to open and lock the restroom. Prior to locking the restrooms, the Groundskeeper had been spending approximately 85% of his time trying to maintain them, and it was felt his time could be better spent in other areas. No complaints have been received from the public since the restrooms have been locked, and the amount of vandalism has been greatly reduced. The Park Superintendent also requested that Council consider eliminating the Groundskeeper position and replace it with an additional Park Maintenance Worker, as incorporating the Groundskeeper duties into the parks department schedule would result in a more efficient and productive use of employee time. Council discussed the use of security cameras, pasting park hours, and requesting additional patroling of the parks by the Sheriff's Department. A MOTION WAS MADE I3Y BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO APPROVE CLOSING OF THE PUBLIC RESTROOMS IN THE PARKS ON WEEKENDS AND AT 4:30 P.M. WEEKDAYS, CONTINUING THE USE OF SA"PELLITES DURING THOSE HO[1RS, AND ELIMINA'T'ING THE GROUNDSKEEPER/MAIN"PENANCE WORKER POSITION AND REPLACING IT WI"1'H AN ADDITIONAL PARK MAINTENANCE WORKER.. Voting in favor: Bruce Thielen, Roger Bclsaas, Roger Carlson. Opposed: Clint I-lerbst. Absent: Brian Stumpf. Motion. carried. 10. Consideration of resentation of award from the Minnesota Pollution Control A enc to the Cit of Monticello and Professional Services Grou for the ast ear's o erations of the Wastewater Treatment Facility. Chuck Keyes, PSG Project Manager for the wastewater treatment facility, presented an award to the Mayor and Council from the Pollution Control Agency for excellence of operations of the wastewater treatment facility and for protecting the waters of the state. 11. Consideration of a ro osal to urchase a ortion of cit ro ert at Dundas Road and Cedar Street. Mr. Bruce Hamond requested Council consideration of his proposal to purchase 1 acre of a 5.35-acre parcel owned by the City and located at the intersection of Dundas Road and Cedar Street south of I-94. He has purchased the former I~Iart Medical Clinic building, which must be moved to a new location due to Monticello Ford's expansion plans. The deadline for removal of the building is approximately the end of May. Mr. Hamond obtained an appraisal from R.A. Field & Associates, the same appraiser the City recently hired to complete several appraisals, including the 5.35-acre parcel in question. "The appraisal estimated a 1-acre market value of $72,897. Mr. Hamond proposed a purchase price of $68,500 for 1 acre and requested consideration of an option on the balance of the property at the same price per acre. Total purchase price of the entire parcel would then amount to $366,475. Page 7 Council Minutes - 4/12/99 1 AFTER DISCUSSION, A MOTION WAS MADE BY GLINT HERBST AND SECONDED BY BRUCE THIELEN TO OPEER THE 5.35-ACRE PARCEL FOR SALE BY ADVERTISING FOR REQUEST FOR PROPOSALS, WITH COLINCIIr TU REVIEW "I"HE PROPOSALS AT THEIR APRIL 26 MEETING. Motion carried unanimously. 12. Consideration of bills for the first half of April 1999. A MOTION WAS MADE BY BRUCE THIELEN AND SECONUEU BY ROGER CARLSON TO APPROVE THE BILLS FOR THE I~'IRST T-TALE OF APRIL 1999 AS PRESENTED. Motion carried unanimously. 13. Other matters. A. Danner "T"rucking site development. Deputy City Administrator requested additional discussion regarding development of the Danner 'Trucking site, which was discussed earlier in the meeting. When Cedar Street is relocated, a remnant parcel may be created between the Danner site and the new Cedar Street. If combined with the Danner parcel, Council would need to establish a price for the additional land; however, he noted that the additional area was not necessary for banner's development of the site. Council discussed the additional land area, noting that the cost of the condemnation would likely be the amount charged. City Engineer Bret Weiss informed the Council that the same issue will need to be resolved as a result of the I-Tighway 25 project in the area between I-94 and Oakwood Drive near Gould Brothers Chevrolet and Olson & Sons Electric. Council suggested that staff discuss the issue with Jim Fleming, attorney representing Danner Trucking. ~_J, A MUTTON WAS MADE BY RUDER CARLSON AND SECONDED BY BRUCE THIELEN TO ADJOURN. Motion carried unanimously. Karen ty Deputy City Clerk Page 8