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City Council Minutes 08-11-1997MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, August 11, 1997 - 7 p.m. Members Present: Bill Fair, Clint Herbst, Brian Stumpf, Roger Carlson, Bruce Thielen Members Absent: None 2. Approval of minutes of the rem alar meeting held July 28, 1997, Councilmember Stumpf requested that the motion and second be corrected for approval of minutes. AFTER DISCUSSION, A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY BRIAN STUMPF TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD JULY 28, 1997, AS CORRECTED. Motion carried unanimously. 3. Consideration of adding items to the agenda_. A. Assistant Administrator O'Neill requested that consideration of a variance request to yard setback requirements and a simple subdivision be added to the agenda. B. Councilmember Brian Stumpf requested that item #9 be added to the consent agenda. 4. Citizens comments/petitions requests, and complaints. None. 5. Consent agenda. A. Consideration of ap rp oving a temporary on -sale liquor license - St Henry's Fall Festival. Recommendation: Approve issuance of a temporary two-day on -sale liquor license to the Knights of Columbus/ St. Henry's Church for September 14 and 15, contingent upon proof of liability insurance coverage. B. Consideration of resolution designating a representative authorized to execute disaster assistance applications on behalf of the Citv. Recommendation: Adopt a resolution authorizing the City Administrator to execute disaster assistance applications on behalf of the City. SEE RESOLUTION 97-36. Page 1 Council Minutes - 8/11/97 C. Consideration of a special home occupation permit which would allow therapeutic massage in an R-1 zone. Recommendation: Approve the request to allow a special home occupation permit based on the finding that the proposed therapeutic massage business is compatible within a residential area with the following conditions: 1. The applicant shall demonstrate that all internal structure alterations that have taken place are customary to residential dwellings. 2. The special home occupation shall comply with all applicable city and state codes, including Department of Health regulations. 3. Hours of operation shall be subject to City Council approval. 4. The construction of a direct exterior entrance to the special home occupation area of the building will require approval of an amended special home occupation permit. 5. No overlapping of patrons would be allowed. 6. No signage would be allowed. 7. Number of employees is limited to the applicant only. D. Consideration of resolution accepting bids, ordering project, and awarding contract for the High School Trunk Storm Sewer Project. Recommendation: Award the project to Arcon Construction, Inc., in the amount of $224,554, and order completion of the High School trunk storm sewer project. SEE RESOLUTIONS 97-37 and 97-39. E. Consideration of entering into a joint powers agreement for the Coalition of Utility Cities. Recommendation: Support the membership of the Coalition of Utility Cities and enter into the joint powers agreement and authorize budgeting for the 1998 dues recommendation of $11,115. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO APPROVE THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. 6. Consideration of items removed from the consent agenda for discussion. None. Page 2 Council Minutes - 8/11/97 Public Works Director John Simola reported that Mr. Charles Walters requested that Council reconsider purchasing ponding easements from owners of Lots 9, 11, and 12 in the Meadow Oak development, which uses an existing large pond as a drainage basin. The preliminary plat for the Meadow Oak project showed the elevation of the surface of the pond water at 943.4 ft above sea level; however, when the final plat was developed, drainage easements were only given to the elevation of 941. It went unnoticed that the easements for Lots 9, 11, and 12 were insufficient for even the normal water level of the pond. The construction of the pond outlet along Gillard Avenue controls the normal water elevation to approximately 942.5 ft. It was estimated that it would cost $9,830 to fill Lots 9, 11, and 12 to the 100 - year event, which was determined by OSM to be 945; however, it was later determined that it would not be practical to fill these lots. In 1996, it was proposed that the easements be purchased from the property owners at 74.90 per square foot; however, the Council voted at that time not to purchase the easements or fill the lots in question. City Engineer Bret Weiss noted that it is standard practice to purchase 100 - year event easements for ponding. Councilmember Herbst noted that since the homes were purchased with the water at its current level and a large amount of money was spent to drain the project, if easements are purchased, they should be purchased at the normal level rather than the 100 -year event. Councilmember Stumpf noted that he would be in favor of a compromise rather than the proposed 100 -year event easement. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO OFFER TO PURCHASE EASEMENTS ON LOTS 9, 11, AND 12 IN THE MEADOW OAK DEVELOPMENT FROM THE CURRENT EASEMENT TO THE ESTIMATED 100 -YEAR ELEVATION OF 945 AT A COST OF 74.9¢ PER SQUARE FOOT, FOR A TOTAL EASEMENT AREA OF 137117 SQ FT AT $9,829.88. Voting in favor: Bruce Thielen, Roger Carlson, Bill Fair. Opposed: Clint Herbst, Brian Stumpf. Motion carried. 8. Consideration of resolution approving Plans and specifications and authorizing advertisement for bids - Klein Farms 4th Addition. City Engineer Bret Weiss noted that the plans and specifications have been completed for Klein Farms 4th Addition, which is located south of School Boulevard. He also explained that one piece of property was not included in the Hart Boulevard or Industrial Park watershed, which could be corrected by connecting the pipe through the industrial park area into the Highway 25 system where a lift station has been proposed. Page 3 Council Minutes - 8/11/97 AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO APPROVE THE PLANS AND SPECIFICATIONS FOR KLEIN FARMS 4TH ADDITION AND AUTHORIZE ADVERTISEMENT FOR BIDS CONTINGENT ON MAINTENANCE OF ADEQUATE DEPOSITS. Motion carried unanimously. SEE RESOLUTIONS 97-38 and 97-40. 9. Consideration of entering into a joint int powers agreement for the Coalition of Utility Cities. This item was added to the consent agenda. 10. Consideration of approval of feasibility study and authorization to prepare plans and specifications for an extension of pathway from Mississippi Shores to developed River Street. City Council was asked to approve a feasibility study and authorize preparation of plans and specifications for extending a pathway from Mississippi Shores to River Street, which was budgeted for 1997 and is part of the City's pathway plan. Public Works Director John Simola reported that John Bondhus was not interested in providing an easement across his property for future planned extensions of the pathway. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO APPROVE THE FEASIBILITY STUDY AND AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE PATHWAY TO TERMINATE AT MISSISSIPPI SHORES. Motion carried unanimously. 11. Update on landowner requests for annexation to the City. It was reported by the Assistant Administrator that the annexation petitions reviewed by Council at the previous meeting would be provided to the Township for review at their meeting scheduled for August 18. No Council action was necessary. 12. update on the National Guard Training Center. (verbal report) Assistant Administrator O'Neill reported that the National Guard Task Force has narrowed the training and community center choices to three locations. Dan Wilson's development group is currently looking at costs and will present figures to the task force in the near future. O'Neill noted that the School District is open to examining the potential of ECFE programs at the site. Preliminary plans will include ECFE and the Alternative Learning Center; however, no commitments for locating these programs at the community center have been made by the School District at this time. Page 4 Council Minutes - 8/11/97 The next task force meeting is scheduled for August 18, at which time the task force hopes to have an idea of the basic uses and costs for the facility and possible funding ideas. No Council action was necessary. 13. Consideration of bills for the first half of August. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO APPROVE THE BILLS FOR THE FIRST HALF OF AUGUST AS PRESENTED. Motion carried unanimously. 14. Other matters. 3A. Consideration of a variance request -to vard setback - . nents, which would allow a simple subdivision. A-DDlicant. Diane B. CaseyZDecker. Assistant Administrator O'Neill reported that Connie Decker requested a variance from the minimum 20 -ft side yard and 30 -ft rear yard setback requirements in the R-2 zone, which is being processed in conjunction with the replatting of two existing lots located south of 5th Street and west of Minnesota Avenue. As a result of the subdivision, the proposed lots would be re -oriented from a north/south to an east/west configuration. O'Neill noted that approval of the simple subdivision would result in the creation of lots which comply with the minimum 80 -ft lot width requirement rather than the current non- conforming lots with a width of 66 ft. The Public Works Director noted that utility easements may be required in the side yard. O'Neill noted that he would check on whether easements were needed. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO APPROVE THE VARIANCE REQUEST TO THE YARD SETBACK REQUIREMENTS AND ALLOW A SIMPLE SUBDIVISION OF LOTS 6 AND 7, BLOCK 9, ORIGINAL PLAT, WITH THE FOLLOWING CONDITIONS: 1. IF THE EXISTING STRUCTURE IS REMOVED OR DAMAGED BEYOND 50% OF ITS VALUE AS DETERMINED BY THE COUNTY ASSESSOR, NEW CONSTRUCTION MUST BE SITED CONSISTENT WITH ALL APPLICABLE R-2 DISTRICT SETBACK REQUIREMENTS. 2. IF NECESSARY, UTILITY AND DRAINAGE EASEMENTS ARE VACATED TO ACCOMMODATE THE PROPOSED SUBDIVISION. Page 5 Council Minutes - 8/11/97 Motion is based on the finding that the existing non -conforming residence and its associated setbacks represent a unique circumstance, ample buildable land exists upon proposed Lots A and B to allow a newly constructed home to meet applicable R-2 district setback requirements, and approval of the variance will rectify/legalize an existing driveway encroachment. Motion carried unanimously. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO ADJOURN. Motion carried unanimously. /X �11 �11 J r Doty Office Manager Page 6