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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. Council Minutes: 11/28/05 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 2 Council Minutes: 11/28/05 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 J Council Minutes: 11/28/05 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 �r 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 5 Council Minutes: 11/28/05 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 0 Council Minutes: 11/28/05 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 7 Council Minutes: 11/28/05 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. 0 Council Minutes: 11 /28/05 15. Adjourn BRIAN STUMPF MOVED TO ADJOURN AT 9 P.M. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary