City Council Minutes 10-26-2009MINUTES
REGULAR MEETING — MONTICELLO CITY COUNCIL
Monday, October 26, 2009 — 7 p.m.
Members Present: Clint Herbst, Tom Perrault, Glen Posusta, Brian Stumpf
Members Absent: Susie Wojehouski
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 recited.
Bill Bruce mentioned that new cameras have been installed. The audience will see a new
format in the size of the images. There will be some technical difficulties tonight with
the images, due to some work being done by the company that supports the system.
2A. Approval of minutes - October 12, 2009 Special Meeting
Glen Posusta corrected the amount of the approved preliminary levy to $7.75 million and
noted a minor change in the first paragraph.
GLEN POSUSTA MOVED TO APPROVE THE MINUTES OF THE OCTOBER 12,
2009 SPECIAL MEETING AS CORRECTED. BRIAN STUMPF SECONDED THE
MOTION. MOTION CARRIED 4 -0.
211. Approval of minutes - October 12, 2009 Regular Meeting
GLEN POSUSTA MOVED TO APPROVE THE MINUTES OF THE OCTOBER 12,
2009 REGULAR MEETING AS WRITTEN. TOM PERRAULT SECONDED THE
MOTION. MOTION CARRIED 4 -0.
3. Consideration of adding items to the agenda
No additions were made to the agenda. However, Jeff O'Neill noted that Council asked
to have Council packets delivered on Friday instead of Thursday. Glen Posusta asked
that staff attempt to include all items and supporting data in the packets at the time they
are delivered.
Glen Posusta gave a short update on the speed sign that was approved to be mounted on
the bridge. It is estimated that the electrical cost would run about $20 per year and the
cost of installation about $200 -$500. This would be quite economical for electrical
versus battery /solar power.
City Council Minutes — October 26, 2009 Page 1
4. Citizen comments, public service announcements and Council updates
a. Citizen Comments:
1) Judy Adamson of 228 Front St congratulated Council on cleaning up the area
along the river connected to West Bridge Park. She commented on the
addition of a perennial garden, clean up of brush, and the beautification of the
area making it less conducive for kids hanging out and creating a great picnic
area. She invited the public to come and visit the site. Clint Herbst noted the
work of Tom Pawelk, Parks Superintendent, in taking a lead on this
improvement.
b. Public Service Announcements:
1) Zoning Ordinance Revision Open House — Nov 4: Angela Schumann
invited the public to attend the open forum with the Planning Commission
to be held in the Mississippi Room from 6 to 8 p.m.
2) Live Wright —Nov 2: Angela Schumann commented on the public forum
to be conducted by Wright County Public Health from 7 to 9 p.m, in the
Mississippi Room. This is a free event focusing on how to live a healthier
lifestyle.
3) Craft Shows —Nov 7: Cathy Shuman invited the public to attend the
Monticello Women of Today and Monticello Senior Center craft shows to
be held at the Monticello Community Center from 9 a.m, to 3 p.m.
Concessions will be served by both groups in addition to a variety of crafts
for sale.
4) School Board forum — Oct 28: Angela Schumann noted that the
Monticello Chamber invites the public to meet the school board candidates
at 6:30pm with a question and answer forum to follow at 7 p.m. at
Monticello Community Center. Election is at Monticello Middle School
arena entrance on Tuesday, Nov 3 from 7 a.m. to 8 p.m.
5) FiberNet Open House — Oct 27: This is event is open to public from 4 to 6
p.m. at Prairie Center offices, 118 W 6t' St.
b. Council Updates:
1) Snowmobile routes and regulations: Tom Moores displayed map of
snowmobile routes crossing the City of Monticello. The map can be
viewed on the city website or pick up copies at city hall or public works
office. He pointed out that citizens can use city streets to get to the
designated routes but must abide by ordinance in doing so; speed is limited
to 15 mph and travel along edge of city streets. Wright County Sheriff's
office will be strictly enforcing the rules and regulations. Violators would
receive a warning the first time and a citation with fine after that. Clint
Herbst requested that the Sheriff s Department keep record of snowmobile
licenses that are stopped.
5. Consent Agenda
A. Consideration of approving new hires and departures for City departments.
Recommendation: Ratify new hires and departures for MCC.
City Council Minutes — October 26, 2009 Page 2
B. (removed from consent - see #6)
C. Consideration of approving appointment of Judith Gomez - Duchac to the
Monticello Library Board effective immediately, Recommendation: Appoint
Judith Gomez - Duchac to the Library Board for a term expiring December 31,
2011.
D. Consideration of accepting third quarter Financial Reports. Recommendation:
Accept the 3rd Quarter 2009 financial reports.
E. (removed from consent - see #6)
F. (removed from consent - see #6)
G. Consideration of adopting Resolution #2009 -68 to approve contribution of $200
from O'Reilly Auto Parts for fire department equipment. Recommendation:
Approve contribution of $200 from O'Reilly Auto Parts.
H. Consideration of directing City Attorney to prepare an amended assessment
agreement with John Chadwick for Outlot D of Otter Creek Crossing for taxes
payable 2010. Recommendation: Direct City Attorney to prepare amended
assessment agreement between John Chadwick and the City of Monticello for
Outlot D and bring back for approval at November 9th City Council meeting.
BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE
ADDITION OF ITEM H (formerly #11) AND DELETION OF ITEMS B, E, AND F.
GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 4 -0.
6. Consideration of items removed from the consent agenda for discussion
#5B. Consideration of approving Ordinance for Neighborhood Block Parties for the
City of Monticello
Tom Perrault noted that he had a couple of questions related to Neighborhood Block
Parties. He was wondering if block parties are limited to immediate neighbors, would
that mean he would be restricted from stopping by, Angela Schumann said that should
not be a problem.
Clint Herbst suggested that applications could be limited to one per block per year.
Angela Schumann recommended that Section 3 -17 -4 be changed to 14 days rather than
21 days.
Tom Perrault was also wondering about restricting consumption of alcohol in the street
and what area is included. Angela Schumann noted this would include the street and
City Council Minutes — October 26, 2009 Page 3
right of way (public areas). Tom Perrault asked if this process would create more work
for staff. It is not anticipated that it would consume any more time than it currently takes
for preparation of agenda items for council approval and it should make the process more
efficient. Tom Perrault also asked whether a fee should be charged. Attorney Joel
Jamnik noted that there is an allowance to add a fee to the fee schedule if desired.
BRIAN STUMPF MOVED TO APPROVE ALTERNATIVE #1 TO ADOPT TITLE 3,
CHAPTER 17 - NEIGHBORHOOD BLOCK PARTIES AND CHANGE SECTION 3-
17-4 TO 14 DAYS. TOM PERRAULT SECONDED THE MOTION. MOTION
CARRIED 4 -0.
45E. Consideration of accepting quotes and authorizing purchase of a self leveling,
color sewer inspection camera for the Water & Sewer Department
Glen Posusta wanted to know if it would be possible to replace the monitor on the camera
and not have to purchase a new camera. Matt Theisen explained some of the numerous
problems with the old camera: uses old (obsolete) VCR recording tapes; camera head is
too big for old sewer lines; a self - adjusting head would be much better than current
system. Glen Posusta asked how much the camera is used — is it enough to make it
worthwhile or could City lease a camera. Matt explained that another alternative would
be to have the lines televised by a contractor. The cost can be quite expensive compared
to using the City's camera. Matt noted that the camera is used quite often; one use is to
locate problems in sewer lines, such as tree roots.
Matt noted that they would like to use the recommended vendor as they could substitute
the old camera head if a situation would occur that it would be needed.
Clint Herbst commented that he feels this is a necessary tool and, considering the age and
use of the old camera, would be a good investment. Glen Posusta noted that, if the City
finds problems after a company cleans the lines, the company should be required to come
back and fix the problem. Matt noted that they do follow up with the vendors. Clint
Herbst suggested the City should have wording in the ordinance to protect the sewer lines
from damage from vendors such as residential contractors. Joel Jamnik will check into
that.
GLEN POSUSTA MOVED TO ACCEPT ALTERNATIVE 41 TO APPROVE THE
PURCHASE OF A PRO CAM DVR INSPECTION CAMERA SYSTEM FROM
INFRATECH AT THE COST OF $6,833.06. BRIAN STUMPF SECONDED THE
MOTION. MOTION CARRIED 4 -0.
#5F. Consideration of Change Order No. 1 for the Fire Hall Improvements, City
Project No. 09CO09
Glen Posusta explained that he pulled this item as he felt that the gutters as proposed are
not necessary. He feels that the building had lasted many years without gutters, and
landscaping would help resolve the problem. Clint Herbst agreed that gutters would not
City Council Minutes — October 26, 2009 Page 4
be necessary with the stucco finish as that would help reduce the problem. Bob Paschke
noted that there is a problem with water running onto an electric transformer from the
roof when it rains. It was suggested that a diverter be put on the roof to divert rain water
from that area.
There was a short discussion on whether there was damage on the roof of the Fire Hall
from the storm in May of 2008. Clint Herbst suggested that the City should contact
someone to take a look at the roof.
Tom Perrault asked if the building department had any idea how many hours might be
needed for the repairs to the building underlayment and sheathing. It is not known
exactly, but the contractor contacts the building inspector when they do find problems.
City staff could then advise the contractor as to necessary repairs.
GLEN POSUSTA MOVED TO ACCEPT ALTERNATIVE #1 TO APPROVE
REPAIRS NECESSARY FOR PROPER INSTALLATION OF SIDING ON THE FIRE
HALL AT THE COST OF MATERIALS PLUS LABOR AT $35 PER HOUR; NO
GUTTERS TO BE INSTALLED; DIVERTERS TO BE PLACED ON THE ROOF TO
DIRECT RAIN WATER RUNOFF AS NEEDED. TOM PERRAULT SECONDED
THE MOTION. MOTION CARRIED 4 -0.
7. Public Hearing - Consideration of adopting Resolution 42009 -61 approving
assessment roll for delinquent utilities through August 24, 2009 for certification for
2010 payable tax year
Tom Kelly summarized the delinquent utility accounts being presented to Council for
certification. He noted that the number of accounts is similar as in the past. The list
includes two quarters worth of delinquencies.
Mayor Herbst opened the public hearing. Being that there were no comments, the public
hearing was closed.
Glen Posusta asked if the period to pay without charging the extra $50 fee could be held
open an extra week. Consensus of Council is to accept payments through Friday, Oct 30
without the $50 fee.
GLEN POSUSTA MOVED TO ACCEPT ALTERNATIVE #1 AND ADOPT
RESOLUTION #2009 -61 APPROVING CERTIFICATION OF DELINQUENT
UTILITIES ASSESSMENT ROLL FOR 2010 PAYABLE TAX YEAR AND ACCEPT
PAYMENTS THROUGH OCTOBER 30TH WITHOUT THE $50 FEE. TOM
PERRAULT SECONDED THE MOTION. MOTION CARRIED 4 -0.
8. Public Hearing - Consideration of adopting Resolution #2009 -62 approving
assessment roll for delinquent accounts receivable from September 2008 to August
2009 for certification for 2010 payable tax year
City Council Minutes — October 26, 2009 Page 5
Tom Kelly summarized the delinquent accounts receivable being presented to Council for
certification. He noted that a number of accounts are more numerous due to the number
of lots in Hunter's Crossing that were charged for mowing, but the total amount
delinquent is similar to past years.
Mayor Herbst opened the public hearing. Being that there were no comments, the public
hearing was closed.
BRIAN STUMPF MOVED TO ACCEPT ALTERNATIVE #1 AND ADOPT
RESOLUTION #2009 -62 APPROVING CERTIFICATION OF DELINQUENT
ACCOUNTS RECEIVABLE ASSESSMENT ROLL FOR 2010 PAYABLE TAX
YEAR. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED 3 -1
WITH TOM PERRAULT VOTING IN OPPOSITION.
Tom Perrault stated that he felt that the City should allow payments with the $50 fee for
these delinquent accounts as well as utilities accounts. The remaining Council members
felt the situation on these was not the same as with the utilities.
9. Public Hearing — Consideration of adopting Resolution #2009 -63 approving
assessment roll for Fallon Avenue Pavement Rehabilitation, City Project No.
09C005, to be certified for 2010 payable tax year
Bruce Westby described the area covered by the Fallon Avenue Pavement Rehabilitation
project that would be eligible for assessments. Bruce noted the public hearing deadlines
were set to comply with certification by the state and county deadlines. Although the
project is not completed and exact costs have not been determined, it is anticipated that
the costs will be quite close to what was bid on the project. There was a small amount of
questionable soil found on Jay Morrell's property but was not significant enough to create
additional costs. Glen Posusta pointed out that the project was started on Saturday and
appears to be going as planned. It looks like they will be putting down the new pavement
on Tuesday, Oct 27. He does not think there will be any difference in the proposed
assessment amounts due to changes in project costs.
Mayor Herbst opened the public hearing. Being that there were no comments, the public
hearing was closed.
BRIAN STUMPF MOVED TO ACCEPT ALTERNATIVE #1 AND ADOPT
RESOLUTION #2009 -63 APPROVING CERTIFICATION OF THE FALLON
AVENUE PAVEMENT REHABILITATION ASSESSMENT ROLL FOR 2010
PAYABLE TAX YEAR. TOM PERRAULT SECONDED THE MOTION. MOTION
CARRIED 4 -0.
10. Consideration of approving an ordinance amendment for Off Street Parking
Standards and approval of summary ordinance for publication
Steve Grittman from NAC summarized the Planning Commission workshop that was
City Council Minutes — October 26, 2009 Page 6
held in September on Off Street Parking standards and types of vehicles to be allowed in
residential areas. Most areas related to off street parking and storage were reviewed and
agreement reached. However, no agreement was reached regarding commercial vehicles.
Mr Grittman noted that the proposed changes include recommendations related to
commercial vehicles, and Council could choose to incorporate that language in the
ordinance amendment or to leave out that portion at this time.
Clint Herbst asked Steve Grittman to explain the diagram that is to be incorporated into
the ordinance. Steve explained where parking and storage would be allowed as related to
front yards, side yards and rear yards. He also noted the types of surfacing that would be
required in areas where parking would be allowed.
Clint Herbst noted that this will be helpful in addressing problems with blight when
people park cars on their property that obstruct the views on neighboring properties.
Jeff O'Neill noted that driveways are restricted to 24 ft width at the curb. Residents that
would want to be able to park more vehicles in their driveway would have to stay within
the 24 ft width at the curb but could taper out to a larger width at the garage. It was noted
that permits would be required for upgrading driveways.
Brian Stumpf noted that he is still confused on distinction of commercial vehicle and how
they would be defined in regard to this ordinance. He was unsure whether it conformed
with state definitions of commercial vehicles. Steve explained how they arrived at the
definition of allowable vehicles in correlation with the ordinance. Brian Stumpf feels that
the definition of commercial vehicles is too restrictive and would not support the
inclusion of this language in the ordinance.
Clint Herbst suggested that this is a step toward regulating large commercial vehicles in
residential neighborhoods. He also noted that he has seen a number of semi trailers left
parked in the commuter parking lot. His concern is that they are using the lot for storage
rather than parking, which is not the intended use. He feels that someone should look
into that.
Tom Perrault does not like the restriction on recreational vehicles. He also wondered
why parking would not be allowed in the side yard opposite the garage side. He felt that
would be too restrictive for someone that didn't have a side yard by the garage. Clint
Herbst pointed out that this helps protect neighborhoods from having too many vehicles
in their yards. If people have that many vehicles, they may have to consider finding other
storage space. Angela did note that a boat and trailer or other such connected vehicles
would count as one unit.
Angela also provided copies of comments from the Citizens Service Desk to Council
showing concerns over commercial parking and blight situations related to Off Street
parking and storage.
City Council Minutes — October 26, 2009 Page 7
GLEN POSUSTA MOVED TO ACCEPT ALTERNATIVE #1 TO APPROVE
ORDINANCE 9506 AS PROPOSED AND INCLUDING ORDINANCE 4506A
AUTHORIZING SUMMARY PUBLICATION. CLINT HERBST SECONDED THE
MOTION. MOTION FAILED 2 -2 WITH GLEN POSUSTA AND CLINT HERBST
VOTING IN FAVOR AND TOM PERRAULT AND BRIAN STUMPF OPPOSED.
11. This item was moved to Item 5H on the consent agenda.
12. Consideration of approving a request for a Conditional Use Permit for an accessory
storage building in a mobile home park, zoned R -4, Mobile Home Park District.
Applicant: Kiellberg's, Inc
Steve Grittman explained the situation related to the request for a Conditional Use Permit
(CUP) by Kjellberg's. There are conditions associated with the request that are required
before the CUP can be approved. Included in the conditions are landscaping plans for
screening, surfacing of storage area, and type of use.
Brian Southwell, attorney for Kjellberg's, noted that he agrees with staff that the
screening is an issue to be resolved. He noted that the area to the south contains mobile
homes for sale but no residents live there. To the west are some mobile homes that
should be screened. There are trees and bushes planted which Kjellbergs feel will
eventually provide adequate screening.
Clint Herbst explained that he doesn't really have an issue with the landscaping and
screening. However, he does have a great concern over the process that led to this item;
namely the construction of a storage building without a permit. Clint Herbst asked if the
building had ever been inspected. Gary Anderson explained that he had done an
inspection about a year ago. Glen Posusta questioned why the City would inspect and
sign off on a building that was built without a permit. Joel Jamnik explained the purpose
of the agenda item is to approve the CUP so that a building permit can be issued for the
building.
Mr Southwell explained that Kjellberg's intent is to rectify the situation and pay whatever
fees are necessary to get the proper permits. They feel that the storage building is needed
rather than storing the contents out in the open. Mr Southwell feels that this has been an
expensive process for Kjellberg's and feels his client realizes it would have been much
easier to go through the proper route for the storage building.
Council asked if the underground tank was still on Kjellberg's site. Mr. Southwell could
not recall the outcome of that. Gary Anderson explained that the City had investigated
but did not find any tank. Bob Paschke noted that the PCA has a website listing any
underground tanks that have not been removed and he will check to see if that shows
anything.
Brian Stumpf asked how the City can ensure that the situation does not occur again. He
commented that he has a difficult time approving a CUP in order to allow a building
City Council Minutes — October 26, 2009 Page 8
permit to be issued after the fact. He is concerned that it may create a negative example
for someone else.
Clint Herbst noted that he is not entirely comfortable with the process either. He feels
that the City does need to resolve the situation though.
GLEN POSUSTA MOVED TO ACCEPT ALTERNATIVE #2 TO DENY THE CUP
BASED ON THE FINDING THAT KJELLBERG'S DID NOT COMPLY WITH CITY
ORDINANCES TO CONSTRUCT THE STORAGE BUILDING. BRIAN STUMPF
SECONDED THE MOTION.
Glen Posusta feels that Kjellberg's should take the building down and start over with the
CUP process. If that process is approved, they could then put the building back together
again after they get a building permit.
Clint Herbst asked Angela to explain the process and time if they would take the building
apart and apply for a CUP. Angela explained they would have to go through the Planning
Commission for a public hearing in December before it comes back to Council. She
thought it would probably take 60 days or more.
Mr. Southwell noted that this action would require the original company to return and
take the building apart. It is not as easy as it may appear.
Tom Perrault asked for clarification on whether the City had ever reviewed the building
plans. Clint Herbst noted that the building was constructed without coming to the City
for a permit or approval. Angela did note that Kjellberg's had previously come to the
City with a CUP request related to some kind of storage, which was denied. This was not
for the same type of building that has since been constructed.
Joel Jamnik interjected that the findings to deny the CUP are probably not adequate to
meet legal requirements. He is concerned that the City will face more litigation from
Kjellberg's and delays of another 18 months. He would recommend that the City approve
the CUP in order for Kjellberg's to apply for a building permit. The City would then
have the ability to assess additional permit costs and /or a fine.
Gary Anderson noted that the permit cost would probably be around $600. He feels that
Kjellberg's would comply with the City's requirements if the CUP is approved.
Brian Stumpf withdrew his second and recommended Council come up with an amount
to charge Kjellberg's for the permit.
Council discussed various possibilities such as doubling or quadrupling building permit
fees and assessing a fine. Angela suggested that Council could also request appropriate
screening as part of the conditions for the CUP. Tom Perrault suggested they also set a
deadline for the conditions to be met.
City Council Minutes — October 26, 2009 Page 9
Glen Posusta withdrew his original motion.
GLEN POSUSTA MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR
KJELLBERG'S WITH THESE CONDITIONS: QUADRUPLE THE BUILDING
PERMIT COSTS; ASSESS $1000 FINE; REQUIRE KJELLBERG'S TO PUT UP AN
OPAQUE SCREENING FENCE OF AT LEAST SIX (6) FEET IN HEIGHT TO BE
PLACED ON SOUTH SIDE OF THE STORAGE AREA; AND COMPLETION OF
THESE ITEMS NO LATER THAN JANUARY 1, 2010. BRIAN STUMPF
SECONDED THE MOTION. MOTION CARRIED 4 -0.
13. Consideration of approving updates to the annual Snow Plowing/Removal Policy
and discussion of pathways designated for snow removal
Clint Herbst asked Tom Moores to provide a condensed summary of the proposed
updates to the Snow Plowing/Removal Policy as discussed in the workshop earlier in the
evening. Tom Moores noted the various proposed changes related to the primary and
secondary snow emergency routes, city maintained sidewalks and pathways, and damage
to personal property.
Clint Herbst asked about the segment along Jason Avenue that does not have a pathway
or sidewalk Residents are encouraged to walk along the neighborhood street at this point
instead of along Jason Avenue.
Tom Moores noted that the current policy does not address damage to cluster mailboxes
so they are looking into replacement costs for those. The City generally covers the cost
of materials but not labor. Tom would recommend capping clustered mailboxes in the
range of $200 -$250.
Glen Posusta noted that the Council is recommending that they also include some
pathway and sidewalks that were discussed in the workshop.
Following is a list of the additional pathways /sidewalks from Public Works:
• Gillard Ave (west side from River Forest Dr to 95th Str)
• Gillard Ave West to River Forest Dr
• 7`i' Street East (Washington St to west side of entrance to St Henry's Church)
• Edmonson Ave (west side from School Blvd to Orchard Cir)
• Edmonson Ave (west side from Orchard Cir to 891h Str)
• CSAH 18 (south side from Spirit Hills Rd to Troy Marquette Dr)
• CSAH 18 (south side from Wildwood Blvd to Gatewater Dr)
• Meadow Oak Av (north side from CSAH 18 to city park)
BRIAN STUMPF MOVED TO ACCEPT ALTERNATIVE #2 WITH ADDITIONAL
CHANGES AND CAP THE REIMBURSEMENT FOR DAMAGE TO CLUSTER
MAILBOXES AT $200. GLEN POSUSTA SECONDED THE MOTION. MOTION
CARRIED 4 -0.
City Council Minutes — October 26, 2009 Page 10
14. Approve payment of bills for October 26th
TOM PERRAULT MOVED TO APPROVE PAYMENT OF THE BILLS FOR
OCTOBER 26, 2009. CLINT HERBST SECONDED THE MOTION. MOTION
CARRIED 4 -0 TO PAY THE BILL REGISTER TOTALING $427,209.20.
15. Adjournment
TOM PERRAULT MOVED TO ADJOURN THE MEETING AT 9:20 P.M. GLEN
POSUSTA SECONDED THE MOTION. MOTION CARRIED 4 -0.
Recorder: Catherine M Shuman _U-)
Approved: November 9, 2009
Attest: 0(1d
Cv ? instrator
City Council Minutes — October 26, 2009 Page 11