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City Council Minutes 07-12-1999 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, July 12, 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 p.m. and declared a quorum present. 2A. A royal of minutes of the re ular meetin held on June 28 1999. BRUCE THIELEN MOVED TO APPROVE THE MINUTES OF THE JUNE 28, 1999 REGULAR MEETING WITH CHANGES TO ITEMS #8 AND #1 l.l. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. r; B. A royal of minutes of s ecial meetin of Jul 1 1999. Since this was not an official meeting there were no minutes for Council approval. C. Approval of minutes of special meeting of July 7. 1999. BRUCE THIELEN MOVED TO APPROVE THE MINUTES OF THE JULY 7, 1999 SPECIAL MEETING WITH CORRECTIONS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of addine items to the agenda.. An update on the library was added to the agenda. 4. Citizens comments/ etitions re uests and com Taints. Hilary Hoglund came before the Council representing Gladys Hoglund whose property is proposed to be assessed under the CSAH 75 Improvement Project. Hilary Hoglund noted in her presentation that there were concerns about access to Gladys Hoglund's driveway as a result of the road alignment. She asked that the Council address the issue of the proposed assessment estimated at $14,000. She felt that the City was under the assumption that the proposed improvement benefitted the property. However she noted that the location (between the wastewater treatment facility and the used vehicle lot) did not enhance the value of the property as a residential site. In addition the trees on the site would be lost due to construction of the Council Minutes - 7/].2/99 road. The property owner was also required to donate a portion of her property for road right-of--way. The property owner felt that any benefit that she was being assessed for was being offset by the inconvenience, lack of privacy, loss of trees and loss of property taken for right-of--way. City Engineer, Bret Weiss, responded that there are two parcels owned by the applicant. One being her home site and the other a landlocked parcel lying between Bondhus, Dahlheimer Distributing and the railroad. He informed Ms. Haglund that if the property did not benefit from the improvement it would be not be assessed. The cast figures are estimates and final figures will be presented at the assessment hearing. Bret Weiss discussed the road alignment and indicated that while it is not the ideal it was the best of the options available. Although the driveway is at the curve of the proposed road there is still clear visibility. Bret Weiss also explained that the proposed assessment of $14,0000 covered watermain, storm sewer and street improvements. He indicated that he would have to review the storm sewer assessment that had already been levied against the property to determine if the total area of the property was calculated in that assessment or only a portion of it. S. Consent A enda. Brian Stumpf requested that Item #SF be removed from the consent agenda. Rick Wolfsteller indicated that he had some additional information that he was submitting to the Council on Item #SE. A. Consideration of charitable gambling license renewal VFW Post #8731. Recommendation: Approve renewal of charitable gambling license for VFW Post #8731. B. Consideration of Change Order #21 Wastewater Treatment Plant Froject 93-14C. Recommendation: Approve Change Order #21 to the Wastewater Treatment Plant Project 93-14C. C. Consideration of confirming hiring of replacement Fublic Works Department employee. Recommendation: Approve the hiring of Mr. Todd Barnes as operator/mechanic in the Public Works Department. D. Review and acceptance of Annual Sidewalk Report. Recommendation: Approve the annual sidewalk report and authorize the City staff to correct the areas listed and notify property owners of possible maintenance problems in those areas noted. E. Consideration of resolution approving Wright County 18 (Formerly CR 118) Improvement plans and consideration of resolution prohibiting parking clang County Road 18. Recommendation: Adapt a resolution approving the plans for Wright County z Council Minutes - 7/12/99 Raad #18 and a resolution prohibiting parking along County Road 18 from CSAH 7S to Giffort Avenue. F. Consideration of Conditional Use Permit within the B-3 Zoning District to allow an automobile repair facility -Royal Tire. Recommendation: Approve conditional use permit with conditions recommended by Planning Commission. G. Consideration of Joint Resolution designating area for orderly annexatian -Community United Methodist Church. Recommendation: Approve the revised resolutian referencing the March 6, 1998 Orderly Annexation Agreement. H. Consideration of approving Change Orders #1-4 on TH 2S Project 96-04C. Recommendation: Approve Change Orders #1-4 on TH 2S Project 96-04C. BRIAN STUMPF MOVED TO APPROVE ITEMS NO. SA, SB, SC, SD, SE, SG AND SH ON THE CONSENT AGENDA. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. Item SF was consideration of a conditional use permit within the B-3 Zoning District to allow an automobile repair facility for Royal Tire. The Planning Commission had recommended approval of the conditional use permit based on a finding that parking will be adequate as proposed and conditioned on: 1) No overnight and no outside storage of vehicles would be allowed, and 2) All other requirements of the ordinance applying to conditional use permits are met. Brian Stumpf stated that he had been contacted by the owners of the site where Royal Tire had previously conducted business and was informed that there were tires and other debris left on the site from the Royal Tire business operation. He questioned whether cleanup of the old. business site could be tied in with the conditional use permit. Fred Patch noted that the City has ordinances in place that would cover the problem of the debris and he didn't believe that the canditional use permit could be tied to activities on two separate parcels of land. However, the staff would work to make sure the cleanup of the site was accomplished. John Simola suggested that perhaps same condition be added relating to storage of tire on site especially since there is limited parking area. Clint Herbst stated his concern that the conditional use permit process was not initiated until after the business had moved into the site and set up their operations. Jeff O'Neill responded that the staff met with the applicant and made him aware of the provisions of the ordinance. Because the applicant was working with the City on meeting the requirements of the ordinance the staff 3 Council Minutes - 7/12/99 did not feel it was necessary to shut dawn the business operations while the applicant was trying to comply with the provisions of the ordinance. Since City ordinances makes certain provisions for off-street loading, the Council addressed the amount of truck traffic generated, provisions far unloading of semi-trucks at the site and whether there was adequate turnaround area. Royal Tire indicated that while there was semi-truck traffic it was random and truck parking and unloading would not be a problem. The ordinance requires 24 parking spaces for this use and the plan submitted shows 22 so a variance from the parking requirements would be necessary. Clint Herbst asked if the City could reasonably monitor the site to see if it complies with the condition of no outside or overnight storage of vehicles. The staff responded that the intent of this condition is to curb cars from being left on site for long periods of time. Brian Stumpf left the meeting at this time in response to an emergency call. BRUCE THIELEN MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR ROYAL TIRE TO OPERATE AN AUTOMOBILE FACILITY IN A B-3 ZONING DISTRICT. Dick Frie, Planning Commission Chairman, spoke about some of the issues that were discussed at the Planning Commission meeting regarding this item and noted that it passed the Planning Commission by a 3-2 vote. He stated that the Planning Commission recommended as one of the conditions that no snow be stockpiled in the parking lot. It was also suggested that "No Parking" signs be posted on the street. Clint Herbst asked if the street was designed to handle on street parking and staff informed him it was nat. For safety reasons, the Council .directed the staff to erect "No Parking" signs. BRUCE THIELEN AMENDED HIS MOTION TO APPROVE THE CONDITIONAL USE PERMIT FOR ROYAL TIRE TO OPERATE AN AUTOMBILE FACILITY IN A B-3 ZONING DISTRICT TO INCLUDE THE FOLLOWING CONDITIONS: 1. No overnight and no outside storage of vehicles will be allowed. 2. The requirements applying to this CUP listed in the city Ordinance are submitted to staff for review and approval. 3. No storage of snow on the parking lot. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Consideration to hear North Anchor Committee's recommended principles for redevelopment of the North Anchor. Dan Frie made a presentation to the Council on the recommendations of the North Anchor Committee. He explained the process the North Anchor Committee used to come up with 4 Council Minutes - 7/ 12/99 their recommendations. He reviewed the boundaries of the long-term and short-term North Anchor development area and noted the boundaries lie within an existing TIF District, the Downtown Revitalization area and the CCD District. The North Anchor Committee recommended that an informational meeting be held on the North Anchor area so that people are aware of the City's plans for this area. It was also the recommendation of the North Anchor Committee that the Council appropriate funds to be used for acquisition of land within the short-term boundary of the North Anchor area. Another recommendation of the committee was that at an appropriate time request for proposals be sent far redevelopment of a portion of Block 52 for a commercial and housing mixed use. 8. Consideration of amendment to City Ordinance No. 327 -Removal of appointed members from a commission board or committee. Mayor Belsaas had asked that this item be brought back far consideration by the Council. Rick Walfsteller stated that there were a number of options that could be considered by the Council. The Council could amend the ordinance to allow removal by a four-fifths vote instead of a simple majority vote. The Council could amend the ordinance so that it dealt with only removing councilrnembers who were appointed to boards or commissions. The Council could also amend the ordinance to set up procedures to be followed in removing a person appointed by the Council to a commission. Roger Carlson stated the actions of the Planning Commission, HRA, and other committees generally comes back before the Council but it may be possible for a councilmember to be appointed to a committee whose action is not subject to Council review such as the MOAA Board. The Council discussed the options proposed in order to determine how the ordinance should be amended. BRUCE THIELEN MOVED TO ADOPT AN AMENDMENT TO ORDINANCE NO. 237 THAT WOULD ALLOW REMOVAL OF APPOINTED COUNCILMEMBERS FROM A COMMITTEE, COMMISSION OR BOARD BY ATHREE-FIFTHS VOTE OF THE COUNCIL. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED WITH BELSAAS, CARLSON AND THIELEN V(QTING IN FAVOR AND HERBST VOTING AGAINST. Bruce Thielen updated the Council on the Library Board meeting and the concerns about the air quality in the building. Bruce Thielen listed a number of items that need to be followed up on by the staff including ordering the charcoal filters, making sure all the air conditioning units are working, sealcoating the parking lot and removing the center island, replacing the windows and getting the repairs done on the roof. 9. Consideration of bills for the month of_Jul~. BRUCE THIELEN MOVED TO APPROVE PAYMENT OF THE BILLS. GLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5 Council Minutes - 7/12/99 BRUCE THIELEN MOVED TO ADJOURN AT 8:30 P.M. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 6