City Council Minutes 11-12-2002( MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Tuesday, November 12, 2002 - 7 p.m.
Members Present: Roger Belsaas, Roger Carlson, Clint Herbst, Brian Stumpf and Bruce
Thielen.
Members Absent: None
1. Call to order and Pledge of Allegiance.
Mayor Belsaas called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of
Allegiance was said.
2. Approve minutes of October 28, 2002 regular Council meeting.
BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE OCTOBER 28, 2002
COUNCIL MEETING AS PRESENTED. CLINT HERBST SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
3. Consideration of adding items to theagenda.
Clint Herbst added to the agenda a discussion on the Kjellberg connection to the sanitary sewer line
and comments on development issues. Bruce Thielen added a discussion of cable tv use of joint
trench for utilities and residency issues for a newly elected council position. Bret Weiss asked that
an update on the drainage issues in various developments be included on the agenda.
4. Citizens comments/petitions, requests and complaints.
None.
5. Consent Agenda
A. Consideration of ratifying new hire for the Water Department. Recommendation: Ratify
the hiring of a new employee at the Water Department.
B. Consideration of denial of approval of a conditional use permit and variance allowing
accessory uses including attached and detached garage in excess of 1200 square feet.
Applicant: Craig and Naomi Schibonski. Recommendation: Deny approval of the
conditional use permit request to allow construction of an accessory structure in excess of
1200 square feet for a total accessory structure area of 1404 square feet.
Council Minutes - 11/12/02
C. Consideration of preliminary and final plat approval for Monticello Business Center 2nd
Addition. Applicant: Michael Krutzig and Daryl Krutzig. Recommendation: Approve the
preliminary and final plat for Monticello Business Center 2" d Addition with the following
conditions: A) The owner of Outlot A to continue to work with the City on the alignment of
Cedar Street and provide a blanket easement over Outlot A to allow flexibility with regards
to the final road alignment. At such time that the final alignment is determined, the blanket
easement will be replaced with the minimum right of way necessary for the selected
alignment; B) A developer/owner agreement is approved spreading the full Cedar Street
assessment amount across the benefitting properties. If Outlot A is not assessed, its share
based on front footage shall be spread against the other benefitting properties; C) Approval
is contingent upon integration of future site plan development/final plat with the City
Engineer's road and utility plans for development of Cedar Street right of way.
D. Consideration of approving final request for payment on sanitary sewer rehabilitation work
on CSAH 75, Project No. 2000-16C. Recommendation: Approve final payment to
Lametti & Sons in the amount of $58,357.50 for sanitary sewer rehabilitation work on
CSAH 75, Project No. 2000-16C.
CLINT HERBST MOVED TO APPROVE THE CONSENT AGENDA. ROGER CARLSON
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
6. Consideration of items removed from the consent agenda for discussion.
None.
Added Items:
Cable TV - Bruce Thielen reported on comments from residents in the new developments that the cable tv
company was not placing their cable in the joint trench with the other utilities. The reason given was that
they could not afford to do so at this time. It was felt that it would be more costly for the cable company to
come back at a later date and install their lines after yards are established and driveways are in. Rick
Wolfsteller noted that the franchise agreement specifically states that the cable has to go in but it doesn't
have to go in until there are so many home in. It was felt that the cable company is missing an opportunity
by not using the joint trench. Rick Wolfsteller is working with the cable commission administrator on this.
Residency Requirements - Bruce Thielen stated that a number of residents had questioned whether Glen
Posusta, the newly elected council member met the residency requirements. This issue had been brought up
at a previous meeting. He felt the City had an obligation to investigate this further and determine whether the
residency requirements were met. Clint Herbst questioned whether it would be fruitful to pursue this. He
was concerned that in light of the city attorney's report on the residency requirements, the City could be
spending additional time and money on something that may not be resolved. Bruce Thielen questioned
whether the intent to become a resident -vs- actual legal residency didn't merit investigation. He felt that an
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investigation would clarify the issue.
BRUCE THIELEN MOVED TO AUTHORIZE STAFF TO HIRE AN INDEPENDENT
INVESTIGATOR TO INVESTIGATE GLEN POSUSTA' S QUALIFICATIONS TO HOLD THE
OFFICE OF COUNCIL FOR THE CITY OF MONTICELLO. BRIAN STUMPF SECONDED THE
MOTION.
In further discussion, Bruce Thielen stated that by having an independent investigation there should be no
claim of conflict of interest. Glen Posusta asked what the legal requirements for residency were. Bruce
Thielen reiterated that the Council had a duty to resolve the question of residency. Clint Herbst concurred
with that but questioned how much the City would spend to get an answer to that question.
UPON VOTE BEING TAKEN, MOTION CARRIED WITH CLINT HERBST VOTING IN
OPPOSITION BECAUSE OF THE COST OF TAKING SUCH ACTION.
Kjellberg Connection - The City Council had received an update on the status of the connection of the
Kjellberg mobile home park to the City's sanitary sewer system. Clint Herbst noted that when he first came
on the council 12 years ago the connection of the mobile home park to the system was a priority. He now
leaves office after 12 years and it is still unfinished. Rick Wolfsteller stated the City is waiting for Mr.
Kjellberg to comply with the requirements of the settlement agreement. To comply Mr. Kjellberg would
have to reconstruct some of the sanitary sewer lines that are in place. Clint Herbst felt that the City had
done just about everything possible so that the mobile home park could be connected and he felt the City
should stand firm in having Mr. Kjellberg comply with the requirements of the settlement agreement. Bruce
Thielen stated that there has been animosity between staff and Mr. Kjellberg and he hopes that the issues
can be resolved.
Development - Clint Herbst stated that he and Roger Belsaas had met with a developer who was working
on a development plan in the CR 18 area. Transportation issues in this area are a concern and Jeff O'Neill
suggested that a workshop be set up to look at the transportation concerns in this area. Bruce Thielen felt
they should look at the entire 7"' Street corridor. City Engineer, Bret Weiss noted that there are a lot of
issues in this area and there will be a significant investment in infrastructure needed. There was some
discussion on when an update on the transportation/utility plan for this area would be completed. Bret
Weiss was not sure if any update would be ready by the December meeting date.
Drainage Issues - Bret Weiss updated the Council on various drainage problems: 1) Meadow Oaks - He
has talked with the property owner and the property owner is satisfied with the steps taken to correct the
problem; 2) Rolling Woods - They have met with the developer. It is proposed to add an extra catch basin
and regrade the yard. Since there is capacity in the storm sewer pipe the addition of the catch basin should
help the water get to the pipe faster; 3) Groveland - The problem in the area of the pathway and 90"' Street
has been taken care of, 4) River Forest - A swale was constructed between River Forest development and
River Mills development. The city attorney will pursue getting reimbursement from the developer for this
work. In River Forest where the water ran towards Gillard Avenue they put some material in there to berm
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the water off. In the spring they will do clean up and complete the restoration work.
7. Approve payment of bills for November.
BRUCE THIELEN MOVED TO APPROVE PAYMENT OF THE BILLS. CLINT HERBST
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
8. Adjourn.
BRUCE THIELEN MOVED TO ADJOURN AT 7:40 P.M. CLINT HERBST SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
Recording Secretary
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