City Council Minutes 11-13-2012MINUTES
REGULAR MEETING — MONTICELLO CITY COUNCIL
Tuesday, November 13, 2012 — 7 p.m.
Mississippi Room, Monticello Community Center
Present: Clint Herbst, Tom Perrault, Glen Posusta, Brian Stumpf
Absent: Lloyd Hilgart
1. Call to Order and Pledge of Allegiance
Mayor Herbst called the meeting to order at 7:00 p.m. and declared a quorum present.
The Pledge of Allegiance was recited.
IA. Proclamation for Pancreatic Cancer Awareness Month
Mayor Herbst read the proclamation and declared November as Pancreatic Cancer
Awareness Month. The proclamation was presented to Jackie Hamblin, representative
from the Pancreatic Cancer Action Network.
2A. Approval of Minutes — October 8, 2012 Regular Meeting
TOM PERRAULT MOVED TO ACCEPT THE OCTOBER 8, 2012 REGULAR
MEETING MINUTES WITH CORRECTIONS BY TOM PERRAULT. BRIAN
STUMPF SECONDED THE MOTION. MOTION CARRIED 3 -0. (Glen Posusta did
not vote.)
2B. Approval of Minutes — October 22, 2012 Regular Meeting
BRIAN STUMPF MOVED TO ACCEPT THE OCTOBER 22, 2012 REGULAR
MEETING MINUTES AS PRESENTED. GLEN POSUSTA SECONDED THE
MOTION. MOTION CARRIED 4 -0.
3. Consideration of adding items to the agenda
Jeff O'Neill — replace UPS at Head -end Building (place on consent agenda with
option #1 as the recommendation)
Jeff O'Neill — repair heating unit on Public Works building
Clint Herbst — compost facility
4. Citizen comments, public service announcements, and updates
a. Citizen Comments: Marion O'Neill, State Representative 29B newly elected,
introduced herself.
b. Public Service Announcements:
City Council Minutes — November 13, 2012 Page 1
1) Home for the Holidays (11/30) — Kitty Baltos introduced this event which
is being run by Monticello Community Center this year. It takes place on
November 30th at West Bridge Park with Santa arriving at 6 p.m. and
activities ending at 8 p.m.
C. Updates:
1) Wright County Historical Society - Theresa Berg gave a presentation
about the Historical Society. The museum is located on North Hwy 25 in
Buffalo. She reviewed some of the outstanding exhibits that are included
in the museum. They also offer traveling exhibits and educational tours.
They will be hosting the Smithsonian exhibit, The Way We Worked, for 6
weeks ending December 7, 2012. This exhibit honors the workers of this
nation across the years. They invite the public to attend the Historical
Society and see the exhibits.
Jeff O'Neill noted that the Monticello Community Center could possibly
display historical items from time to time and encouraged people to attend
the Smithsonian exhibit.
5. Consent Agenda:
A. Consideration of approving payment of bills for November 13th.
Recommendation: Approve bill and purchase card registers for November 13,
2012 for a total amount of $570,481.57.
B. Consideration of approving new hires and departures for City departments.
Recommendation: Ratify new hires and terminations for MCC, Liquor Store,
Sheets, and Parks.
C. Consideration of adopting Resolution #2012 -092 accepting a contribution from
TDS Telecom for Home for the Holidays event. Recommendation: Adopt
Resolution #2012 -092 accepting a donation of $410 from TDS Telecom to go
toward sponsorship of Home for the Holidays event.
D. Consideration of approving a Special Event permit allowing use of city property
and resources for Frostbite Challenge activities taking place January 7 -13, 2013.
Applicant: Monticello Chamber of Commerce. Recommendation: Approve
Special Event permit for Frostbite Challenge taking place January 7 -13, 2013 for
the Monticello Chamber of Commerce.
E. Consideration of approving application for a temporary liquor license for
Monticello Lions for Frostbite Challenge on January 12, 2013.
Recommendation: Approve application for a temporary on -sale liquor license
for the Monticello Lions for Frostbite Challenge on January 12, 2013 at 4`h Street
Park.
City Council Minutes— November 13, 2012 Page 2
F. Consideration of approving an application for a temporary charitable gambling
permit for a raffle conducted by the Monticello Chamber of Commerce.
Recommendation: Approve application for a temporary charitable gambling
permit for the Monticello Chamber of Commerce for a raffle to be held at their
Annual Banquet on December 7, 2012.
G. Consideration of adopting Resolution #2012 -095 accepting Improvements and
authorizing Final Payment to Schluender Construction, Inc. for the 2012
Stormwater Pond Improvements, City Project No. ZSTORM -2012.
Recommendation: Adopt Resolution #2012 -095 accepting improvements and
authorizing final payment in the amount of $5,127.10 to Schluender Construction,
Inc. for the 2012 Stormwater Pond Improvements, City Project No. ZSTORM-
2012.
H. Consideration of adopting Resolution #2012 -096 accepting work and approving
final payment to Wright Hennepin Electric for 2011 Street Lighting
Improvements, City Project No. 11 C002. Recommendation: Adopt Resolution
#2012 -096 accepting improvements and authorizing final payment in the amount
of $6,000 to Wright Hennepin Electric for 2011 Street Lighting Improvements,
City Project No. 11 C002.
Consideration of approving a request for Conditional Use Permit for
Entertainment/Recreation — Indoor Commercial, Places of Public Assembly,
Restaurant and Retail uses under 10,000 square feet in the F -3 Sub - District of the
CCD (Central Community District). Applicant: Hillside Partnership, LLC.
Recommendation: Approve Conditional Use Permit request for
Entertainment/Recreation - Indoor Commercial, Places of Public Assembly,
Restaurant and Retail uses under 10,000 square feet in the F -3 Sub - District of the
CCD (Central Community District) for Hillside Partnership, LLC property at 500-
560 Cedar Street; subject to following conditions of Exhibit Z and based on
findings in Planning Commission Resolution #2012 -094.
• The applicant shall provide a parking plan analysis indicating the total amount of
parking for each tenant and the total facility for each tenant space prior to
occupation.
• Noise shall be controlled consistent with the standards of this ordinance.
• Any future drive - through use shall require approval of a conditional use permit.
• Any future outdoor uses, including outdoor restaurant seating and outdoor
commercial recreation, shall require approval of a conditional use permit.
• The building and tenant space signage shall require separate sign permit approval
subject to the current sign ordinance.
J. Consideration of approving a request for Amendment to Conditional Use Permit
for Planned Unit Development as related to residential design standards for R -2A
(Single- Fainily) District lots. Applicant: Sunset Ponds, LLC.
Recommendation: Approve amendment to the Conditional Use Permit for
Planned Unit Development as related to residential design standards for T -N
City Council Minutes — November 13, 2012 Page 3
[formerly R -2A] (Single - Family) District lots for Sunset Ponds, LLC; subject to
following conditions of Exhibit Z and based on findings of Planning Commission
Resolution #2012 -093.
• The plans submitted for building permit shall comply with the zoning ordinance
minimum finished squ are footage standards.
• The plans submitted for building permit shall comply with the zoning ordinance
minimum setback requirements.
• Stone or brick veneer shall be required on both the garage face area and portico as
shown on the providedplans and dated October 6t°, 2012.
• Shake veneer shall not be permitted as an exclusive treatment in lieu of stone or brick
veneer, and shall only be used to compliment the brick or stone in meeting the
required 20% as shown on plans.
• Any corner lot shall include additional stone or brick on the secondary right of way
elevation to better meet the intent of the 20% 'front building fagade" requirement.
• All garage doors include raised panels and may include window lights.
• No homes on abutting properties may be constructed of the exact same exterior home
design.
• The applicant enters into an agreement for amendment to Planned Unit Development
for Sunset Ponds and Sunset Ponds 2i.' Addition.
K. Consideration of adopting Resolution #2012 -098 approving an Assessment
Agreement in the amount of $18,254.75 for Spirit Hills Drainage Correction
Improvements, City Proj ect No. 2006 -10C (RID 155 -152- 000020). Applicant:
RW Land Holdings, LLC. Recommendation: Adopt Resolution #2012 -098
approving an Assessment Agreement with RW Land Holdings, LLC for Spirit
Hills Drainage Correction Improvements, City Project No. 2006 -IOC to be
applied to Outlot B, Spirit Hills Addition (155- 152- 000020).
L. Consideration of authorizing replacement of the Uninterrupted Power Supply
(UPS) system at Head -end building. Recommendation: Approve the purchase
of a UPS system for the Head -end Building at a cost not to exceed $20,000.
BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE
ADDITION OF ITEM L. GLEN POSUSTA SECONDED THE MOTION. MOTION
CARRIED 4 -0.
6. Consideration of items removed from the consent agenda for discussion
No items were removed from the consent agenda.
7. Public Hearing - Consideration of adopting Resolution #2012 -099 approving an
assessment roll for delinquent miscellaneous accounts to be certified for 2013
payable tax year
Angela Schumann led this item by reviewing the background leading to the proposed
assessment of the nuisance clean -up at 713 W 6a' Street in the amount of $12,692.80.
City Council Minutes — November 13, 2012 Page 4
Angela Schumarai went through a timeline of events, which led to the removal of
hazardous waste and other items on May 23rd after investigation by the MN Pollution
Control Agency (MPCA) and Wright County Sheriff s Office. Angela Schumann
pointed out that a copy of the list of items was included with the agenda report as
previously requested by Council. Angela pointed out that Mr. Tim Taylor is now the
current property owner; however, he had previously given a contract of deed to James B.
Holt and Ronald G. Holt, who were property owners at the time of the nuisance
problems. Angela Schumann noted that Mr. Tim Taylor has filed an appeal of the
assessment.
Mayor Herbst opened the public hearing.
Tim Taylor (1820 NE 125`11 Avenue, Blaine MN) and owner of the property at 713 W 6"
Street, stated that he has some additional information that he would like to have
considered. He stated that, although he communicated with the City throughout the
process, he had not heard from the City from February to May. He referred to various
emails that he brought with him. He talked about contacts he had with Ron
Hackenmueller and DJ Hennessey in February regarding problems on the property. He
also commented on emails with Bob Paschke and stated those emails indicated there was
no problem at the property. He stated that he heard about garbage problems in April
from neighbors. He also commented on an email from Bob Paschke in April asking him
(Mr. Taylor) if there was anything new to be addressed. Again, Mr. Taylor stated that he
was frustrated because he would have started the eviction process if he was aware there
was a problem with his tenants. Mr. Taylor mentioned Dixie Scrapping Services (a
company that the Holt Brothers were working with) and stated he had tried researching
the company but couldn't find anything that caused concern on his part. Mr. Taylor
offered a video CD along with some pictures that he claims shows recycling taking place
on the property and that he thinks some valuable items were removed by the recycler and
were not included in the itemized listing received by the City from the recyclers. Mr.
Taylor handed over the CD and papers that he brought as related to his comments.
Bob Paschke responded to the claims presented by Mr. Taylor. He provided copies of all
the email communication between him and all parties involved in the nuisance situation
in the supporting data attachments. Bob Paschke noted that Dixie Scrapping had
provided recycling services in Monticello some years ago but is no longer allowed in
town due to their questionable practices. He addressed the supposed "jar containing
gold" and said that he had never seen it and no container with gold was removed from the
property by the Sheriff's Department. Bob Paschke also mentioned that the bill from
Metro Appliance Recycling already took into account the credits that would have been
applied for recycled items.
Tim Taylor reiterated his belief that the itemized list does not contain every item that was
taken from the property. He feels that the list did not document in enough detail.
Bob Paschke explained that the items turned over to Metro Appliance Recycling did not
consist of everything on the list. Items that could be recycled were turned over, but non-
City Council Minutes— November 13, 2012 -- Page 5
recyclable items were not. This was done under the direction of the MPCA and Wright
County Sheriff's Department.
Tire Taylor claimed that the persons that removed items from the property did not do a
complete job. He stated that there things left behind such as leaded glass and radiator
pieces. He continued to claim that he had never received proper notice of actions that
took place at the property and he would have taken care of the problems if he was aware
of them. He claims that he filled up two 20 -yard dumpsters with junk in June. He
mentioned that the tenants had piled up a lot of junk again after the City had sent in the
company to remove the hazardous waste. Mr. Taylor then noted that he cleaned up in
September and that is when he found the extra leaded glass and other items.
Bob Paschke explained that the MPCA had indicated which items should be removed and
had specifically stated that certain items should be left. Bob Paschke noted that the
MPCA performed testing after the removal was completed. Bob asked Mr. Taylor how
he managed to dispose of the leaded glass and other items that he cleaned up. Mr. Taylor
stated that he disposed of there with a contractor that supposedly used a recycling center
in Rogers MN.
Mayor Herbst asked a hypothetical question about the purchase of a house from Wells
Fargo Bank where the property was used for illicit practices and then the buyers walked
away. Herbst asked Mr. Taylor who he thought should be responsible for the damages.
Tim Taylor responded that he owns several houses, and the bank and the insurance
company periodically check on his property. Glen Posusta commented that he
questioned whether a bank would have come out to check on a property after the sale was
concluded. Mr. Taylor indicated that he feels the bank would indeed care about such
properties and would do spot checks on homes where they have mortgages.
Herbst asked Mr. Taylor who he thought should pay for the clean -up. Mr. Taylor feels
that the City should pay as he feels he was not adequately notified by the City. Glen
Posusta noted that a letter was sent to him in December 2011 alerting him to problems on
the property. Mr. Taylor responded that he did receive that letter in December but was
not notified again until May. Mr. Taylor did note that he walked the property in February
with DJ Hennessey but did not go inside the house because he was not the property
owner at that time. Mr. Taylor admitted that he was aware that there were things going
on at the property but he did not feel it warranted rescinding the contract for deed or
serving an eviction notice without further study.
Glen Posusta pointed out that the total cost of the bill does not seem excessive compared
to some of the items he has had to dispose of with his own storage business. Mr. Taylor
claimed that he could have done some of the work himself to get rid of the waste. Brian
Stumpf commented that he appreciated the information provided by staff showing the
costs incurred for the clean-up. Mr. Taylor continued to claim that he could have saved
lots of money by doing the work himself to clean -up.
City Council Minutes — November 13, 2012 Page 6
Deputy Sean Deringer from the Wright County Sheriff's Department spoke about the
clean-up process that took place on May 23`d at 713 W 6" Street in Monticello. After
determining that illegal activities were taking place and getting confirmation from the
MPCA, the main purpose for the clean -up on May 23d was to clean -up the hazardous
waste and to stop the criminal activity from continuing. Deputy Deringer explained why
some items were removed and other items were left, which was based on whether it was
related to criminal activity or was hazardous waste. Basically, items were removed that
were involved in illegal activities or contained hazardous materials, and items were left
that were not contaminated and not in state of being dismantled. It was an enormous
project which resulted in two 30 -yard rolloff dumpsters and an 18 -wheel semi trailer
filled with items that were removed from the property. Following the removal of the
items, the place was cleaned with a HEPA cleaner to remove hazardous dust. Deputy
Deringer also explained that the Holt Brothers continued their illegal activity after they
were released from jail and returned to the property. The additional items that were
found by Mr. Tim Taylor were brought in after the Holt's returned to their illegal
activities.
Mr. Taylor claimed that he should have been apprised of the situation so that he could
have handled the problem. Mr. Taylor does not feel that the Sheriff's Department should
have left the televisions that were not dismantled and also claimed that the place was not
cleaned as stated by the Deputy Sheriff.
City Attorney Sam Edmunds from Campbell Knutson gave a legal opinion on the status
of the nuisance clean -up. He stated that the statutes allows for the City to take action as
they did and the nuisance charges can be assessed to the property. Brian Stumpf asked
whether the City's action can be appealed. Attorney Edmunds explained that, if the City
approves the assessment roll, the assessment will be charged to the property for 2013
payable tax year. He also noted the property owner does have the right to appeal the
assessment to district court under State statutes.
Tim Taylor spoke briefly about the pending court case against the Holt's and was
concerned if the case against them is dismissed. He was wondering what bearing this
might have on his ability to collect any restitution to cover the charges for the clean-tip.
Wayne Oberg reiterated to Council that the choice is to either charge the taxpayers for the
clean -up or to assess the charges against the property. The City properly entered the
property and cleaned up a hazardous waste situation at a reasonable cost for the process.
Glen Posusta pointed out that the City has a process in place to collect the money owed
for the clean -up. He questioned Mr. Taylor why he feels that process should be different
and why he should not pay for this.
Mayor Herbst closed the public hearing
Brian Stumpf stated that he was satisfied with the documentation and recognized the right
of a property owner to appeal.
City Council Minutes — November 13, 2012 Page 7
BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION
#2012 -099 APPROVING THE ASSESSMENT ROLL FOR THE DELINQUENT
MISCELLANEOUS ACCOUNT AGAINST PID 155- 010 - 008020 IN THE AMOUNT
OF $12,692.80 WITH THE ADDITION OF A $75 PROCESSING FEE. TOM
PERRAULT SECONDED THE MOTION. MOTION CARRIED 4 -0.
8. Consideration of canvassing the election returns and adopting Resolution #2012 -097
declaring the results of the 2012 General election for the City of Monticello
Mayor Herbst congratulated Glen Posusta and Tom Perrault for their win and commented
on the outstanding job by Council and city staff to earn the confidence of the residents in
re- electing the current members of Council. Glen Posusta thanked the voters of
Monticello for turning out to re -elect him and Torn Perrault in an uncontested election.
BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION
#2012 -097 DECLARING THE RESULTS OF THE 2012 GENERAL ELECTION FOR
THE MUNICIPAL OFFICES OF MAYOR (CLINT HERBST) AND COUNCIL
MEMBERS (TOM PERRAULT AND GLEN R. POSUSTA). GLEN POSUSTA
SECONDED THE MOTION. MOTION CARRIED 4 -0.
9. Added items
Compost Site — Clint Herbst would like to see Public Works staff look into
moving the compost facility to the future Public Works site. He has gotten
complaints from nearby homeowners about the stench generated from the current
site. Council would also like to know about how long the current site has been in
use, to explain the process for composting, and to take a look at the possibility of
moving the compost site to land at the future Public Works facility.
• Heating Units on Public Works Building — Tom Moores noted that one of the heat
exchangers was found to be cracked during a review of the equipment a short time
ago and will need to be replaced.
Brian Stumpf asked about heating in the shop using heating oil. Tom Moores
explained that they do burn off used heating oil which is used to heat the shop.
The area that is served by the heat exchanger includes the office, bathrooms and
lunch room.
Torn Moores asked Council to allow Public Works staff to get several quotes to
replace the heat exchanger unit, which is about 20 years old. The local contractor
that found the problem looked at repairing the unit but ended up recommending
replacement of the exchanger. Glen Posusta asked staff to also look into a high
efficiency unit and any rebates that might be available. Tom Moores suggested
that unused funds in Snow & Ice be used toward the cost. Tom Moores expressed
concern because the cracked unit does produce carbon monoxide which backs up
City Council Minutes — November 13, 2012 Page 8
into the building when it runs so he would like to get this taken care of before the
heating season really starts up. Staff figures the cost to run about $8000 - $9000.
Tom Moores will write -up the specifications and contact local companies for
quotes.
CLINT HERBST MOVED FOR PUBLIC WORKS STAFF TO WORK WITH
LOCAL VENDORS, IN CONSULTATION WITH COUNCIL MEMBER
BRIAN STUMPF, TO GET THE HEAT EXCHANGER UNIT REPLACED ON
THE PUBLIC WORKS BUILDING. GLEN POSUSTA SECONDED THE
MOTION. MOTION CARRIED 4 -0.
10. Adjournment
BRIAN STUMPR MOVED TO ADJOURN THE MEETING AT 8:25 P.M. TOM
PERRAULT SECONDED THE MOTION. MOTION CARRIED 4 -0.
Recorder: Catherine M. Shuman
Approved: November 26, 2012
Attest:
C} . inistrator
City Council Minutes — November 13, 2012 Page 9