City Council Minutes 11-28-2005MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday November 28, 2005 - 7 p.m.
Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian
Stumpf
Members Absent: None
1. Call to Order and Pledge of Allegiance.
Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The
Pledge of Allegiance was said.
2A. Approve minutes November 14, 2005 regular Council meeting.
BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 14, 2005
REGULAR COUNCIL MEETING AS PRESENTED. TOM PERRAULT SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
2B. Approve minutes of the November 14, 2005 AUAR Review.
WAYNE MAYER MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 14,
2005 AUAR REVIEW FOR HERITAGE DEVELOPMENT. TOM PERRAULT
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
3. Consideration of adding items to the agenda.
Wayne Mayer added an update on the AVR billboard relocation. Clint Herbst added to the
agenda discussion of the Building Department and City Engineer position. Glen Posusta
added update on the sign for TH 25 and Dundas Road. Jeff O'Neill added a presentation of
the material that was presented at the IDC banquet. Brian Stumpf asked that agenda item
#I I , Rezoning for Carlisle Village 4t" Addition be added to the consent agenda as item #5 G.
4. Citizen comments, petitions, requests and complaints.
A representative from the Wright County Sheriff's Department was present to address any
questions or concerns the Council had relating to law enforcement issues.
Carrie McDougall, 101 Hillcrest Circle asked if the Council could move up discussion on the
item relating to outside storage of commercial vehicles.
A resident also requested that the snowfencing in place along County Road 117 (Edmonson
Avenue) be moved as it creates drifting problems and is a safety hazard since the fence sits
right on the edge of the asphalt. Bret Weiss, consulting engineer, will check into this.
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5. Consent agenda:
A. Consideration of approving hires and departures. Recommendation: Ratify hires and
departures as identified.
B. Consideration of approval to open Redford Lane to traffic. Recommendation: Accept
recommendation to open Redford Lane to traffic.
C. REMOVED FROM AGENDA
D. Consideration of approving Change Order #1 to Hillside Farms Storm Sewer Outlet,
City Project No. 2004-7C. Recommendation: Approve Change Order #1 to the
Hillside Farms Storm Sewer Outlet Project No. 2004-7C in the amount of $2,105.60 to
Schluender Construction, Inc.
E. Consideration of approving transfer of on -sale intoxicating liquor and Sunday liquor
license to TDDC, LLC dba Jala Penos. Recommendation: Approve the transfer of the
off -sale and Sunday liquor license with 2 a.m. closing time to TDDC, LLC dba Jala
Penos contingent upon payment of fees and submittal of certificate of insurance.
F. Consideration of approving Supplemental Agreement #1 for CSAH 18/I-94
Interchange Project No. 2004-1 C. Recommendation: Approve Supplemental
Agreement No. 1 for CSAH 18/I-94 Interchange Project, City Project No. 2004-1C
with revised provisions for Special Provisions S-23.2 and S-24.6
G. Consideration of a request for rezoning from AO to R-1 A for the plat of Carlisle
Village 4t,, Addition. Recommendation: Approve the request for rezoning from AO
to R-1 A for the plat of Carlisle Village 4th Addition.
Wayne Mayer asked that item #513 be removed for discussion.
TOM PERRAULT MOVED TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF #513 AND THE ADDITION OF #11 AS ITEM #5G. WAYNE MAYER
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
6. Consideration of items removed from the consent agenda for discussion
#SB Opening Redford Lane to Traffic: City Engineer, Bruce Westby explained that a
resident from Redford Lane brought this issue up. The resident indicated that the children on
the street had to walk down to Hayward Court to catch the bus because the bus will not go
down Redford Lane unless there is a turnaround. Wayne Mayer asked if the bus driver quit
going down Redford Lane because there is no longer a cul-de-sac, if so, he felt the school
district was the appropriate party for the resident to contact. John Simola stated the
temporary cul-de-sac was removed and to turn around now the
p Y bus would have to go down to
School Boulevard which is about 500' further. Wayne Mayer asked if the school was waiting
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for the City to give the okay. John Simola indicated the City has not been in contact with the
school on this matter.
WAYNE MAYER MOVED TO ACCEPT THE RECOMMENDATION OF CITY STAFF
TO OPEN REDFORD LANE BETWEEN HAYWARD COURT AND SCHOOL
BOULEVARD. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
7. Public Hearing on the issuance of Revenue Notes - Monticello Ice Arena
City Administrator, Rick Wolfsteller, stated he thought representatives of the MYHA would
be in attendance to make a presentation on the issuance of the notes. Rick Wolfsteller stated
this is the financial proposal for the MYHA. Since the City is one of the parties to agreement
it is necessary to go through these steps in order for the MYHA to get the financing. The City
had done similar types of revenue notes for facilities such as St. Benedict's elderly care
facility, Mississippi Shores, and industrial bonds for various entities. The City is not
financially obligated for any of the payments but the City's backing allows for a lower interest
rate.
Tom Perrault asked who would be liable if any payments were missed. Julie Eddington from
Kennedy & Graven stated the borrower (the ice arena and MYHA) would be liable. If there is
a default the lien would go against the ice arena and would take priority over the City and
School District's interest. Wayne Mayer said he hoped that by supporting this, the City could
get some good hours for skating from the ice arena.
Mayor Herbst opened the public hearing. No one spoke for or against the issuance of revenue
notes for the ice arena. Mayor Herbst then closed the public hearing.
BRIAN STUMPF MOVED TO ADOPT THE RESOLUTION AUTHORIZING THE
ISSUANCE OF REVENUE NOTES FOR THE MONTICELLO ICE ARENA. GLEN
POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
8. Consideration of amendment #2 to the recreational agreement - Monticello Ice Arena
City Administrator, Rick Wolfsteller provided background on this item noting it was part of
the previous item. The MYHA needed to amend the agreement to clarify which bank was
purchasing the notes. None of the changes in the amendment will affect the City financially.
The City is one of three parties to the agreement and the City needs to sign off on the
amendment.
Clint Herbst stated the City has gone above and beyond to make this venture work but he is
disappointed in the hours the City has received as far as ice time. Glen Posusta asked if
something could be put in writing so this issue would not be forgotten come fall when the ice
time is allocated. Clint Herbst stated they have met with ice arena representatives to try to
p Y
work out more consistent hours. The Council directed Rick Wolfsteller to send a letter
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stating the City's concern about ice time.
WAYNE MAYER MOVED TO APPROVE AMENDMENT #2 TO THE RECREATIONAL
AGREEMENT BETWEEN THE SCHOOL, CITY AND MYNA AS PROPOSED WITH A
LETTER TO BE SENT CITING THE CITY'S CONCERNS ABOUT ICE TIME. TOM
PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
9. Public Hearing - Continued hearing on appeal of a variance for a secondary drivewav in
an R-1 zoning district.
Wayne Mayer asked how many times the City goes through this procedure before the
applicant is required to start over. Jeff O'Neill stated the property owner has requested that
the public hearing on the appeal of the variance be continued.
WAYNE MAYER MOVED TO CONTINUE THE HEARING ON THE APPEAL OF A
VARIANCE FOR A SECONDARY DRIVEWAY IN AN R-1 ZONING DISTRICT. TOM
PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
10. Consideration of approving a conditional use permit for 896 sq. ft. detached accessory
structure in an R-1 Zoning District. Applicant; Richard Bastien Central Masonry and
Concrete.
TOM PERRAULT MOVED TO TABLE ACTION ON THE CONDITIONAL USE PERMIT
FOR A 896 SQ. FT. DETACHED ACCESSORY STRUCTURE IN AN R-1 ZONING
DISTRICT. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
11. Consideration of a request for rezoning from AO to R -1A for the plat of Carlisle Village
4th Addition.
Added to consent agenda as 45G with the recommendation to approve the change in zoning
from AO to R-1 A.
12. Consideration of amendment to the Monticello Zoning Ordinance regarding the
regulation and outdoor storage of commercial vehicles Applicant: City of Monticello
The ordinance amendment being considered by the Council was the same amendment that had
been approved by the Planning Commission in September 2005 but tabled by the Council.
Basically the ordinance prohibits commercial vehicles from being on residential property and
prohibits race cars on residential property. City Attorney, Tom Scott said if the Council
decides to adopt the ordinance one change he would recommend is a change in the definition
of a race car. He felt the definition might be clarified by adding "a vehicle stored in an open
trailer". He noted the ordinance amends other sections of the ordinance so the ordinance is
consistent throughout that commercial vehicles and race cars are not allowed in residential
areas.
Council Minutes: 11/28/05
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Brian Stumpf stated his concerns about the City's ability to enforce the ordinance amendment
and asked where non-commercial vehicles fall in this. Tom Scott said the ordinance deals just
with commercial vehicles and not recreational vehicles such as motor homes, etc. Brian
Stumpf stated he did not like the vagueness of the ordinance and questioned whether it was
enforceable. He also felt that the City was singling out things that they shouldn't.
Clint Herbst felt this ordinance was long overdue and cited the many calls he had received
about dump trucks and other commercial vehicles parked in residential areas. He felt this type
of vehicle should be located in a commercial area.
Wayne Mayer asked Paulette Conroy about her previous statements that real estate agents and
prospective buyers indicated that the presence of the race cars and dump truck negatively
impacted the sale of their property. Paulette Conroy stated that she had contacted the
prospective buyers and they had told her that while they liked the house their reservations
about the neighborhood kept them from purchasing it. Clint Herbst noted that the issue is
bigger than just the impact on this particular property.
Clint Herbst stated he and Wayne Mayer had talked with Wright County. The County said if
the City is going to clean things up in the City this ordinance would be a primary step in that
direction. Clint Herbst felt if the City doesn't take care of the problem early on it will only
gets worse.
Tom Perrault stated that while he preferred that this kind item be covered by covenants he
realized that it can't be done after the fact.
Carrie McDougall, 101 Hillcrest Circle, questioned how the City can lump commercial and
recreational vehicles together.
City Attorney Tom Scott stated under the definition of a race car, if the vehicle is licensed and
operable then it is not considered a race car. By operable it means that the vehicle has all the
equipment needed to legally operate on public streets. Tom Scott reiterated that if the vehicle
is licensed and operable it would not meet the definition of a race car.
Lee McDougall, 101 Hillcrest Circle, asked about snowmobiles operating on the street. He
stated the race car is a recreational vehicle just as the snowmobile is.
Glen Posusta stated that when people infringe on the rights of other, the City may need to step
in to take action. Clint Herbst stated that storage of this type of vehicle would eliminate the
concern. Carrie McDougall responded that the City is discriminating against certain
individuals. She asked if fifth wheels and campers were included in this. The Council
indicated they are not.
{ Bill Howe, 2722 Oakview Lane stated his concern is what is being considered a commercial
`•J vehicle. He drives a one ton van and asked how that fits into the proposed ordinance. Tom
Scott stated the ordinance definition includes a height of 8' and a length of 16' and asked if the
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van exceeded those dimensions. Mr. Howe indicated it did. Mr. Howe felt what the City was
after were the semis and dump trucks and perhaps need to refine the ordinance language to
exclude service vans. Clint Herbst felt if commercial vehicles are in a residential area they
should be stored in the garage not parked on the street.
Jeff Christen, 1505 Oak Ridge Avenue agreed with Brian Stumpf that the City was getting
into an area they shouldn't. While he didn't have any commercial vehicles on his property
there were others in the neighborhood and he didn't have a problem with them being there.
There was some discussion on the 8' height and 22' length referenced in the ordinance. Tom
Scott stated those were standard dimensions that he found in other ordinances. If the Council
wanted to exclude certain vehicle types such as service vans, from the ordinance, they could
change the vehicle dimensions. Clint Herbst felt if the dimensions were 9' and 26' that would
exclude cargo vans and similar type vehicles.
Wayne Mayer asked if the ordinance was approved, would it be enforceable. Tom Scott said
yes.
CLINT HERBST MOVED TO ADOPT THE PROPOSED ORDINANCE AMENDMENT
WITH CHANGES IN THE HEIGHT AND LENGTH FOR COMMERCIAL VEHICLES TO
9' AND 26' AND WITH RACE CARS NOT ALLOWED TO BE STORED ON AN OPEN
TRAILER.
Wayne Mayer asked if the ordinance will give the Wright County Sheriff's Department the
authority to take action against vehicles that are inoperable. Tom Scott said inoperable
vehicles are covered under a different ordinance. Tom Scott added that it was his position
that there would not be any grandfathering rights if the ordinance is adopted.
MOTION DIED FOR A LACK OF SECOND.
GLEN POSUSTA MOVED TO APPROVE THE PROPOSED ORDINANCE
AMENDMENT INCLUDING CHANGES IN THE HEIGHT AND LENGTH FOR
COMMERCIAL VEHICLES TO 9' AND 26' AND REQUIRING RACE CARS BE
STORED ON AN ENCLOSED TRAILER. CLINT HERBST SECONDED THE MOTION.
UPON VOTE BEING TAKEN, CLINT HERBST AND GLEN POSUSTA VOTED IN
FAVOR THEREOF AND TOM PERRAULT, BRIAN STUMPF AND WAYNE MAYER
VOTING AGAINST. MOTION FAILED.
13. Consideration of request by Swan River Charter School for City payment for general
public use of playground.
This item came up at the previous Council meeting with the request by the Swan River
Charter School to have the City pick up the cost of insurance for the playground in exchange
for limited public use of the facility. It was pointed out at the last meeting that the City
cannot provide insurance coverage for property the City does not own. If the City opts to
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provide assistance to the school it could be done as an agreement by which the City pays a fee
for the public use of the playground. The concern was that a precedent could be set wherein
other entities would charge the City for the public use of their facilities.
BRIAN STUMPF MOVED TO DENY THE REQUEST BY SWAN RIVER CHARTER
SCHOOL FOR CITY ASSISTANCE IN EXCHANGE FOR USE OF THE PLAYGROUND.
TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
Added Items:
AVR Billboard Signs: Wayne Mayer wanted an update on the billboard relocation. It was initially
proposed that the westerly billboard be relocated in the area of the ballfields. The location for the
middle billboard was no longer acceptable to Lamar Signs. Jeff O'Neill noted that the sign was 200'
further away plus there was a change in the elevation. Jeff O'Neill offered to extend the term of the
sign lease but Lamar Sign was not in favor of that. Some other possible sites were discussed
including the Fallon Avenue site. It was noted that the City has not talked to the property owners
regarding the site and there were also some questions relating to where utilities existed on this site.
The City is trying to find alternative sites on city owned land so that the City could retain the lease
revenue from the signs. Glen Posusta asked about the land along 7th Street (Outlot A, Country Club
Manor) He felt it would be a good site since it is not anticipated that 7" Street would be going in any
time soon. There are currently four signs on the outlot which are on a year to year lease, including
one sign owned by Lamar Signs. The three signs on the AVR site are long term leases and are
currently in the second year of a fifteen year lease. Rick Wolfsteller informed the Council that even
though the signs on Outlot A are on a year to year lease, the City is required to give 60 days notice of
any termination and he also felt the City would need to evaluate whether they want to replace a sign
having a one year lease with a sign that has a long term lease. City staff will do further review and
bring options back to the Council.
TH 25/Dundas Road Sign: Bret Weiss reported that MnDOT had promised the City a sign at this
location and that they would be installing the sign. He will contact MnDOT and check on the status
of this.
City Engineer: Clint Herbst stated his expectations was that the City Engineer was going to report to
the City Administrator and not to the Community Development Director. Clint Herbst felt the City
Engineer should be making the call on who sits in on project and development meetings and when.
Wayne Mayer agreed it was time to empower the City Engineer. Jeff O'Neill stated that because of
the intense development activity taking place in the City he felt it was important that the City
Engineer work closely on that and for that reason should be under his supervision but he added that it
was not out of the ordinary for the City Engineer to be under the supervision of the City
Administrator.
Building Department: Clint Herbst stated that when the Council adopted a policy restricting certain
positions within the City from doing like work for another municipality a deadline was given of
December 31, 2005 for anyone in the identified positions to cease the outside employment. Only one
employee was identified as working for another municipality and Clint Herbst questioned whether
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this employee had given any indication to his supervisor as to what he intends to do with the outside
employment. Rick Wolfsteller indicated that as of this date the employee has not given any
indication of his intent. Rick Wolfsteller added that if the employee decides to leave, the personnel
policy only requires a two week notice. Clint Herbst stated his concern is if that happens there is a
limited time to fill the position and he didn't think two weeks was sufficient time. He questioned
whether there were steps the Council could take to prepare for the possibility of the employee leaving
such as reviewing the job descriptions or going over applications that were received when the
previous building inspector's position was filled. Glen Posusta agreed that the City should look at
what steps they could take to prepare for this possibility. The Council suggested that the individual
be contacted again to see if he will give any indication on what he intends to do.
Tom Scott said since the Council doesn't know what is going to happen, the Council could consider
the contingency that the position would be open as of 1/1/06.. He felt it would be okay to start the
process if in fact there is a violation of the new ordinance after 1/1/06. He stated no decision can be
made on hiring until it is known whether or the not the individual is leaving or staying. There was
some discussion on the steps to take in preparation of the possibility of having to fill this position in
the Building Department. Rick Wolfsteller stated that for this position, if it would become vacant,
the Council would want to open it to all applicants and current employees.
GLEN POSUSTA MOVED TO TAKE STEPS TO PREPARE FOR THE POSSIBILITY OF THE
BUILDING OFFICIAL POSITION BEING OPEN. WAYNE MAYER SECONDED THE
MOTION. MOTION CARRIED WITH BRIAN STUMPF AND TOM PERRAULT VOTING IN
OPPOSITION. TOM PERRAULT STATED HE FELT THIS SHOULD BE HANDLED THROUGH
THE PERSONNEL COMMITTEE.
Review of update presented to IDC: Jeff O'Neill reviewed the information presented to the IDC. He
discussed the financial health of the community, improvements made to the transportation system,
and commercial and residential development taking place in the City.
14. Consideration of approving bills for November.
Wayne Mayer asked about the payment to the YMCA detached worker program. Rick
Wolfsteller explained the program and stated that the City had been contributing to this
program, which benefits area youth, for a number of years. Council asked if the City
Administrator could get information on number of participants in the program from the
Monticello area.
BRIAN STUMPF MOVED TO APPROVE PAYMENT OF BILLS. TOM PERRAULT
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
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15. Adjourn
BRIAN STUMPF MOVED TO ADJOURN AT 9 P.M. CLINT HERBST SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
Recording Secretary