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City Council Minutes 01-09-2006MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday January 9, 2006 - 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 of December 12, 2005 regular Council meeting. Wayne Mayer noted in the motion to allow the use of the MCC facilities it should have been MEADA not Families 911. It was also noted a sentence was missing in the summary of the closed meeting held on November 28, 2005. WAYNE MAYER MOVED TO APPROVE THE MINUTES OF DECEMBER 12, 2005 WITH CORRECTIONS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 211. Approve minutes of December 29, 2005 special meeting. Tom Perrault stated that he had voted in opposition to sending three city representatives to tour the Yucca Mountain site and also noted some typing errors. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE DECEMBER 29, 2005 SPECIAL MEETING WITH CORRECTIONS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Added to the agenda were: 1) Update on development guide book; 2) Poplar Hills development; 3) Letter from property owner in Sunset Ponds; 4) Update on roundabout at CSAH 18; 5) House numbers in town house development; 6) Snowmobiles; 7) Sign for high school and 8) Signage on Sandy Lane/River Street for parking restrictions. 4. Citizen comments, petitions, requests and complaints. A. Recognition of Hoglund Bus Company for their years of service: The City Council and staff expressed appreciation of the 16 years of service provided by Hoglund Bus Company in the operation of the Heartland Express. B. Tim Anderson of Monticello Insurance Agency and Kevin Tracy were present to discuss Council Minutes: 1/9/06 the property located at 407 6th Street West. They are proposing to construct a building on the site and have been trying to work with staff to comply with the ordinance provisions. Mr. Anderson stated he had been working with Fred Patch on this but with Mr. Patch being on administrative leave they are left hanging. The question is whether the City needs his lot for future expansion of the MCC site. They are concerned about whether they will be able to proceed with their project. A decision needs to be made before February 1, 2005 in order for them to get the facility constructed before the lease at their present site expires. They wanted to come before the Council to get an answer on what is going to happen. They indicated they had met with the Design Advisory Team and had been working with them to get approval of their plans but now the question has become whether the City would rather to a land swap. Tim Anderson indicated he didn't care which way the Council went on his proposal as long as a decision was made soon since his lease will be expiring. Jeff O'Neill said if the City did swap land the site would be in the Jefferson Commons development. He indicated if the site was along TH 25 the design of the proposed building would have to be upgraded. Tim Anderson said the plan is to proceed with the building as designed. If the city wants the land trade they would trade the land but they would stick with the same building design. . Jeff O'Neill stated this a building issue and it does not require any Planning Commission action. Because the property lies within the CCD it does require review by the Design Advisory Team. Jeff O'Neill stated that depending on where in the Jefferson Commons development the building is located, the building may have to be upgraded. The proposal is for a pole structure. Since Jefferson Commons is city owned property, the city is going to want to look at what type of building is going on the site. There was discussion on what features could be added to the building to make it more aesthetically appealing. Clint Herbst asked if the Council had any concerns about trading land in this situation. The Council was in agreement on a possible land trade. Jeff O'Neill stated that he will have a location for the proposed building identified by Tuesday. C. Shannon Bye from Monticello Township stated that she hoped the City would not print just summaries of the minutes in the paper but provide the full minute as many people are not able to attend the meetings so the paper provides their source of information. 5. Consent agenda: A. Consideration of approving hires and departures. Recommendation: Approve the hires and departures for the Parks and Public Works Department. B. Consideration of adopting a resolution accepting donation from Land O Lakes Choirboys. Recommendation: Accept the contribution from the Land of Lake Choirboys of Minnesota for use by the MCC for murals in the MCC facility. 0) Council Minutes: 1/9/06 C Consideration of adopting a policy on out of state travel for city officials. Recommendation: Adopt the policy relating to out of state travel for city officials. D Consideration of adopting a resolution accepting a donation to allow city officials to view biosolids treatment operations and authorizing outside travel for designated city officials. Recommendation: Adopt a resolution accepting a donation from Kruger, Inc. for allowing city representatives to tour a biosolids facility and authorize designated city officials and staff to travel outside the state for the purpose of visiting biosolids facilities. E Consideration of appointment of Tom Moores to Street Superintendent position. Recommendation: Approve the appointment of Tom Moores to the Street Superintendent position effective February 1, 2006. F Consideration of approving service agreement with Larson Allen to perform annual city audit. Recommendation: Approve entering into an engagement letter with Larson Allen to perform the City's 2005 and 2006 audits. G. Consideration of a request to approve a conditional use permit for a detached accessory structure in an R-4 (Mobile Home Park) District. Applicant: Kjellberg's Inc. Recommendation: 1) Rescind the previous Council motion to deny approval of a conditional use permit for a detached accessory structure in an R-4 zoning district and; 2) Approve a conditional use permit for a detached accessory structure for Kjellberg's Inc. based on a finding that the building should be able to meet each of the conditions of the ordinance and will minimize outdoor storage in the mobile home park with said approval including the condition that the applicant verify the screening of the storage area from surrounding residential areas. H. Consideration of an amendment to contract for private development - Cory Kingbay. Recommendation: Approve the amended contract for development. Items #5E, #5G and #5H were pulled from the agenda. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH ITEMS #5E, #5G AND #5H REMOVED FOR DISCUSSION. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. #SE: Street Superintendent Appointment. Wayne Mayer noted his concern was not with the appointment of Tom Moores to the Street Superintendent position but with filling the position Tom Moores currently holds. Wayne Mayer would like the Council to consider not advertising for this position immediately but rather wait several months and evaluate if there is a need to fill the position. 3 Council Minutes: 1/9/06 WAYNE MAYER MOVED TO CONFIRM THE RECOMMENDATION TO APPOINT TOM MOORES AS THE STREET SUPERINTENDENT EFFECTIVE FEBRUARY 1, 2006 TO REPLACE THE RETIRING ROGER MACK BUT NOT TO ADVERTISE FOR BIDS IMMEDIATELY TO FILL THE VACANCY CREATED BY TOM MOORES ACCEPTING THE SUPERINTENDENT POSITION. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #SG Detached Accessory Structure - Kjellberg's Mobile Home Park: Glen Posusta stated the reason he pulled this item is because he doesn't understand why this business does not have to comply with the same rules that other businesses in Monticello do. He questioned whether the proposal included hard surfacing, curb and gutter and whether a lighting plan was submitted. He felt since adding the building intensified the existing use, the business should be required to come into compliance with the ordinance regulations. Clint Herbst questioned the condition that the storage area was for the sole use of the residents of the mobile home park and was not available for use by non-residents. He felt if this space was going to be rented to residents of the park then the storage area should have curb and gutter. Jeff O'Neill said if Kjellberg's want to store equipment or materials that are used in the maintenance of the park that could be considered as being for the residents. Brian Stumpf questioned whether the doors of the building are high enough to store the equipment Kjellberg has on site. Bernie Beach who is bidding on constructing the building said the doors are 12' wide and 13' high. However since this is a bid there is no guarantee that the door will go in. Clint Herbst said part of the reason the City would allow the accessory building is to get rid of outside storage that is there. Jeff O'Neill stated that condition #3 relating to use of the facility by residents was currently in the code. He said Kjellberg is not requiring people store their stuff there. Glen Posusta questioned whether the lean-to type roof complied with city code. Clint Herbst felt the building should have doors, hard surfacing and curb and gutter. Glen Posusta asked about compliance with items that are being stored in the sales lot area. Jeff O'Neill stated this was outside storage and would have to be covered by another conditional use permit. He said the mobile home park has a number of violations as it relates to the R-4 district. The city staff has taken the position that over time it will come into compliance rather that requiring it to come into compliance all at once. Clint Herbst asked if the city allows this what does the City get in return. Jeff O'Neill replied that they would be getting material now stored outside moved inside. Glen Posusta felt the outside storage in this location was no less of a concern than any outside storage in the industrial park. He felt that some of the compliance issues should be addressed and then the city will address the conditional use permit. Brian Stumpf asked if the Council needed to take any action on this. After further discussion it was proposed: 1) If the accessory structure is going to be used for rental to the residents then it should be hard surfaced If it is not going to be used for rental the City wants that information provided in writing. Glen Posusta felt the business must comply Council Minutes: 1/9/06 with the city codes since it has been annexed into the city. Jeff O'Neill stated with other properties like Hoglunds the city require they bring the existing facility into compliance. Jeff O'Neill suggested making an inventory of what is not in compliance and bring it back and see what the property owner is willing to correct. Glen Posusta also suggested getting a letter of credit to insure compliance. BRIAN STUMPF MOVED TO TABLE ANY ACTION ON THIS ITEM. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #SHAmendment to development contract - Kingbay: Wayne Mayer questioned the dates used on the amendment noting in one place it was June 2006 and in another place it was February 12, 2007. Rick Wolfsteller indicated both dates were correct. A six month extension was give to close on the first parcel and after that Mr. Kingbay has a certain period of time to construct something on the property. Wayne Mayer stated he was under the understanding that the entire 7.5 acre parcel would be developed at one time and not piece by piece. Rick Wolfsteller stated when the deal was set up it was for the sale and development of three sites that would total 7.5 acres. Wayne Mayer said he didn't realize the City was tying up the property for 3-4 years before any building was be erected. The Council expressed their concern about the developer being able to sit on the property for that length of time. Rick Wolfsteller noted that the agreement provides an option for the city to purchase back the land if development does not take place. Clint Herbst asked if there were any outs for the City from this agreement if another developer comes in. Rick Wolfsteller said that even if the City did put this on the market it is unlikely that anything would occur before the Kingbay development deadline. Glen Posusta stated he was not aware that they were parceling this into three pieces. Rick Wolfsteller explained that this was the agreement that was previously approved. The only change was to extend the time frame by six months. City Attorney Tom Scott indicated the Council could decide not to approve the amendment and then the it would revert back to the terms of the original contract and in that case the developer would be in default. He said the Council could stay with the original agreement and initiate default action or they could re- negotiate the purchase agreement. Rick Wolfsteller suggested a six month extension on the first parcel only. WAYNE MAYER MOVED NOT TO EXTEND THE AGREEMENT AND GO BACK TO THE ORIGINAL AGREEMENT WITH THE JUNE 2006 DATE AND ALLOWING FOR THE PURCHASE OF A PORTION OF THE PARCEL BY MULLER THEATER OR IN ESSENCE EXTENDING THE FIRST SET OF DATES. The Council felt it should be all or nothing on the three parcels. The six month extension is on the first parcel only. Wayne Mayer would like to see all three dates just extended to the one same date. Brian Stumpf said having the same date for all three parcel would make it unlikely that any development would happen. He suggested selling the parcels to Kingbay on an 5 Council Minutes: 1/9/06 as -needed basis. Wayne Mayer agreed with that as it would allow the City to market any property not sold. WAYNE MAYER MOVED TO MOVE ALL THE PARCELS BACK TO THE JUNE 2006 DATE WITH THE SALE OF PROPERTY ON AN AS NEEDED BASIS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY Glen Posusta asked who is paying taxes and the street assessment. Rick Wolfsteller informed him the City was. 7. Public Hearing on proposed 2006 Street Reconstruction Project, City Project No 2006 1C An informational meeting was held prior to the regular Council meeting to discuss with affected property owners the area of the proposed project, assessment costs and to answer questions from residents. Kevin Kawlewski from WSB & Associates made a formal presentation at the Council meeting covering the proposed project. The City is in the 4`" year of the Street Reconstruction program and he reviewed the work that had been done in previous years. Two options are proposed for consideration for 2006 which include widening Otter Creek Road and River Street to 32 feet; widening other streets from 24 feet to 28 feet; providing storm facilities, sanitary sewer and water main repair, sidewalk, overlay and sealcoating. Option #I would go from Otter Creek Road to Craig Lane. Under this option Otter Creek Road, Sandy Lane, Riverside Circle and River Street would be reconstructed while Kenneth Lane and Craig Lane would be sealcoated. Option 2 would go from Otter Creek Road to where River Street intersects with Broadway. In addition to the streets included in Option #1, Hilltop Drive and Hillcrest Road would also be reconstructed. Oakivew Circle and Hillcrest Circle would have utility repair and be reconstructed. Matthew Circle would have mill and overlay. Sidewalk is proposed on the east side of Otter Creek and the north side of River Street. An option was also provided to construct River Street to 28 feet. The estimated project cost for Options 1 is $1,151,159 if River Street is constructed to a 32' width; $1,126,659 if River Street is constructed to a 28' width. Option #2 has a total cost of $2,650,170 or if River Street is constructed to a 28' width it would be $2,578,170. Kevin Kawlewski then reviewed funding for the project and the proposed assessment. The assessment rate for residential property would be $3,000/unit and $80/front foot for non- residential property. It was noted that there is 21213 feet of public land which included the Montissippi Park, Riverside Cemetery, Hillcrest Park. In addition there is 1,291 feet of commercial property and 128 single family lots. It was proposed that any sewer and water main repairs would be funded from trunk funds. Sidewalk assessment would be levied against the properties accessing River Street and is estimated at $200/unit. Streets that received mill and overlay would be assessed at 25% of the cost and no cost would be assessed for sealcoating. It was pointed out that under Option #2 with the proposed assessment rates there would still be a shortfall of $1,316,005. 0 Council Minutes: 1/9/06 Mayor Herbst opened the public hearing. Correy Peters, 124 Hillcrest Road submitted a petition from residents stating they were in opposition to the project. They did not feel the area needed curb and gutter nor the other proposed improvements such as sidewalk and storm sewer but indicated they would consider a mill and overlay. They also expressed concern that widening the street would bring more traffic in and the traffic would be traveling faster. Clint Herbst felt since this portion of town is pretty much built up they shouldn't be seeing an increase in traffic but he did agree the traffic could be moving faster. Brian Stumpf felt that 32' street width was not needed and 28' was adequate. Clint Herbst noted his concern about foot traffic in the area by the cemetery. He felt if you keep the road narrow you need to have some place to put the pedestrian traffic. Sidewalk is being proposed just along Otter Creek Road and River Street. Brian Stumpf noted the City does pick up 75% of the sidewalk cost. Another resident expressed concern about sidewalk on the east side of Otter Creek Road. He noted that there are several large cottonwood trees in the area and he wondered if they would have to be removed. He also asked about the culvert underneath the road that drains down through his yard and if that would that be eliminated. Bret Weiss responded that they couldn't say for sure until they are in the design process but he felt if water flowed through a culvert it would be directed to the storm sewer. The resident thought it was a 12" culvert. Kevin Kawlewski suggested the resident complete a comment card noting this particular concern and then it can be addressed specifically at a later point. Daryl Tindle 1707 West River Street stated they are opposed to the project and read a prepared statement. He did not feel the area needed curb and gutter, storm sewer or street widening. He added he didn't believe the compost facility and the city's storage site should be located in a residential area. Larry Spivak, 1607 West River stated he was opposed to the sidewalk since he would have to maintain it. He didn't feel the sidewalk was necessary and felt there were better things the City could spend their money on. Carrie McDougall, 101 Hillcrest Circle asked who would be responsible for repair of the sidewalk. John Simola indicated this segment of sidewalk would be considered part of the grid system and the City would replace up to two panels per year and the two panels per year would be free. If the sidewalk needs to be totally replaced there would be no new assessment. Clint Herbst asked about who would be cleaning the sidewalk in the winter. If the sidewalk is on the grid system, the City would be responsible for maintaining the sidewalk. Lee McDougall, 101 Hillcrest Circle questioned the comment about replacing the sewer and water line and whether they would be assessed for the line. Bret Weiss responded it would depend on whether the repair was to a service line or the main. If it is the main it would be paid for from trunk funds. The $3,000 assessment rate is for the reconstruction. Bret Weiss said 7 Council Minutes: 1/9/06 the curb and gutter will not be replaced unless it is in need of repair. Kevin Kawlewski will confirm what sewer repair will be necessary. Lee McDougall said he felt taxes should be paying for this type of improvement. The Council explained that if the City bonds for a project at least 20% of the cost must be assessed. Lee McDougall question why the improvement wasn't financed 100% by property taxes. Bret Weiss indicated that he was aware of only one city that did that which was Minnetonka. Bret Weiss noted that some of the comment cards requested a safe crossing for CSAH 75. Bret Weiss indicated he will summarize the comments and forward the information to the Council. Tiffany Zalansky, 1704 West River Street stated they are opposed to the project and also questioned why curb and gutter had to go in. She also wondered why they weren't notify of the problem with the sanitary sewer. Bret Weiss stated that these were not catastrophic failures of the sewer system. These are problems that might become greater in the future and they did not want to have to dig a newly reconstructed street to repair a utility line at a later date. She also asked why the Hillcrest Park rink was no longer being flooded. Clint Herbst replied that this year the weather was not suitable and with the new ice arena and other outdoor rinks, the need to flood this rink was questionable. Tracy Revering, 1802 River Street West felt widening the street would only make traffic move faster. She also wanted to know about getting a "slow children" sign. Bret Weiss stated having curb and gutter on the street actually slows traffic somewhat as it confines the area the vehicle travels in. John Simola indicated that there are "children at play" signs but the City cannot make the speed limit less than 30 mph unless there is school present. John Simola suggested she call him and he would look at the site and see what could be done. Walt Musty, 3 Riverside Circle stated they are opposed to full reconstruction with curb and gutter and sidewalk. They are not in opposition to widening River Street to 28' but did not feel any other streets needed to be widened. Mayor Herbst then closed the public hearing. The Council discussed the scope of the project. The general consensus of the Council was to go with Option #1 but what the exact boundaries of Option #1 should be was debated. Wayne Mayer asked what the ramifications would of changing the boundary so that Option #1 would stop just west of the trailer park. The original Option #I boundary was set up to go 600 ` east of Kenneth Lane since that corresponded to the boundary of the drainage district. Brian Stumpf asked if they could bid the sidewalk as an alternate and leave the road a rural section without curb and gutter. Kevin Kawlewski said they looked at that but putting a sidewalk or trail within a rural section may cause problems because the sidewalk or trail may obstruct water from draining. If you leave the road as rural section you would want to leave the ditches for drainage and then you would have the difficulty of placing a pathway in the ditch area. Clint Herbst suggested bidding the sidewalk as an alternate and the curb and gutter as an alternate. Bret Weiss stated that it would more difficult to bid the curb and gutter as an alternate as it would 0 Council Minutes: 1/9/06 require two designs. Glen Posusta felt you could not place sidewalk in rural section of street. Tom Perrault suggested changing the boundary of Option #1 to include Oakview Circle because of the watermain situation that exists there. Tom Perrault asked if Hillcrest Circle could wait a year or so. Brian Stumpf noted that the Ritze property has both commercial and residential uses and suggested that they be assessed based on 1/2 for the commercial use and 1/2 for the residential use. Glen Posusta stated he didn't feel the Council should put in anything but urban design street. As far as the storm sewer he did not know why the City would consider doing this project without storm sewer. Kevin Kawlewski stated that since traffic counts showed Otter Creek to carry the most volume it would be considered the main entrance into the area. For that reason it was proposed to widen it to 32'. Option #1, plus Oakview Circle and the sealcoating of Kenneth Lane and Craig Lane should be the project scope according to Tom Perrault. John Simola felt the 32' width should be continued to the Ritze property since that is commercial. He noted part of the 32' standard was to allow for parking on both sides of the roadway. Clint Herbst stated that two letters have been received from residents on Hillcrest Road relating to the project. Glen Posusta suggested Option #1 but stop at the end of the Ritze property with the road widened to 28' with curb and gutter, parking allowed on one side and with the reconstruction of Oakview Circle and sidewalk bid as an alternative. There was additional discussion on whether the road width should be 32' or 28'. Wayne Mayer favored widening the street because it is so narrow as to make passage difficult. It was noted that $25,000 was the difference in the cost for widening the street. WAYNE MAYER MOVED TO APPROVE OPTION #1 TO INCLUDE OAKVIEW CIRCLE , THE STREET BEING WIDENED TO 32' AND SIDEWALK BID AS AN ALTERNATE. There was some discussion on the boundary of the project area. WAYNE MAYER AMENDED HIS MOTION TO MAKE BOUNDARY OF THE PROJECT FROM OTTER CREEK ROAD TO CRAIG LANE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. Bret Weiss asked for clarification if the motion atomized the preparation of plans and specifications and if they City was going with the proposed assessment rate. Clint Herbst indicated the authorization was there for plans and specs and the assessment figures will be as presented until the bids are back. 8. Council Minutes: 1/9/06 Public Hearing on appeal of denial of variance for lot frontages for Pine View Development. The applicant requested a variance for lot frontages for a preliminary plat consisting of five residential lots with four of the lots be developed initially and the 5th lot would be developed when the intersection of Otter Creek Road and CSAH 75 is realigned. The Planning Commission voted 2-2 on the variance request and the matter came before the Council. The variance requested was for a reduction of 80' of frontage to approximately 74'. The applicant stated that a variance is appropriate because of extenuating circumstances. This site is difficult to redevelop. The applicant will be coming back with a preliminary plat on 2/13/06. Jeff O'Neill discussed the design issues related to the development. Clint Herbst asked if the site was in the same part of town where 66' was allowed because it was in the old part of town. Brian Stumpf noted that this is less density than what was previously proposed and would provide a way for the property to be redeveloped. Mayor Herbst opened the public hearing. Tom Holthaus stated that at this time he didn't have any building design in place because he didn't think it made any sense to design it without knowing if the variance would be granted. Glen Posusta indicated that comments from the adjacent residents at the Planning & Zoning meet were positive and another plus was that this development was single family detached housing. Glen Posusta questioned where the driveway would be on Outlot A. No one else present spoke for or against the variance. Mayor Herbst closed the public hearing. Wayne Mayer stated his concern is about where the driveway comes up onto CSAH 75 and Otter Creek Road. He wondered how soon after you turn off CSAH75 onto Otter Creek road does the driveway for the 5th lot come up. He would like the driveway for the fifth lot pushed back as far as possible. Tom Holthaus indicated he is agreeable to holding the driveway to the far side of the lot. Bret Weiss suggested that the wording of the condition be that the driveway location be approved by the City Engineer. Tom Holthaus said the only comment he had with concern to Exhibit Z related to the right turn lane and the sidewalk. He felt complying with these would push the yard back and he would like to compromise on this. Clint Herbst asked about the findings for hardship. Possible findings could include the difficulty in redeveloping the property and its location in the old part of town could be extenuating circumstances. Tom Scott said the Council has the discretion to grant a variance even though there may not be a real hardship. Tom Perrault stated in looking at the area and with the constraints of turn lane and CSAH75, he felt the development should contain 4 lots not 5. Wayne Mayer stated his was that the 10 Council Minutes: 1/9/06 development across the street had a number of demands placed on it the City seem to be relaxing the demands for the property on the south. GLEN POSUSTA MOVED TO APPROVE A VARIANCE FOR LOTS WIDTHS OF LESS THAN 80 FEET FOR THE PINE VIEW DEVELOPMENT WITH A FINDING THAT THE APPLICANT HAS SHOWN A HARDSHIP BASED ON A FINDING TO BE DETERMINED BY THE BOARD OF APPEALS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. 9. Public Hearing-- Continued hearing on appeal of a variance for a secondary driveway in an R-1 zoning district. - Richard Bastien Jeff O'Neill submitted a survey drawing and provided background information on this item. The variance request was to allow for a second driveway. The applicant was also requesting a conditional use permit for an accessory building. The Planning Commission had recommended a building setback of 20 feet. Jeff O'Neill reviewed options that were available. The property owner could just get access to his building from River Street. This option was not feasible according to the property owner. The accessory building could have a 10 foot setback from Sandy Lane and a 20 foot setback from the curb to the garage. The survey document showed a 22' setback from curb to the front of the garage with the accessory building being 26'. However these dimensions would still encroach in the public right of way. A building 22' in size would get it off the right of way but may not be the right size for truck/equipment being stored in the building. If you make the accessory building bigger it will encroach into the area of the retaining wall. The 16' driveway width would make it difficult to turn into the building. The hardship is self-imposed because the applicant put up the retaining wall before the setback was determined. Clint Herbst felt the garage had to be 28' for the truck which would mean moving the retaining wall. Wayne Mayer noted on the survey one side shows a dimension of 20' and in another place it is 22'. The original building was to be 26'x 38' and there is 58' to the retaining wall. Mayor Herbst opened the public hearing. There was no one present who spoke for or against this matter. Mayor Herbst then closed the public hearing. Clint Herbst felt if the property moved the retaining wall they would be able to meet the setback requirements. BRIAN STUMPF MOVED TO APPROVE THE VARIANCE ALLOWING A SECOND DRIVEWAY BUT WITH A 16' CURB CUT CONSISTENT WITH COUNCIL DISCUSSION ON THE ITEM, A 25' SETBACK AND WITH THE CONDITION THAT THE BUILDING LOCATION WILL NOT RESULT IN VEHICLES BEING PARKED ON PUBLIC RIGHT OF WAY. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11 Council Minutes: 1/9/06 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. GLEN POSUSTA MOVED TO APPROVED THE CONDITIONAL USE PERMIT FOR A 896 SQUARE FOOT DETACHED ACCESSORY STRUCTURE IN AN R-1 ZONING DISTRICT FOR RICHARD BASTIEN WITH THE CONDITION THAT A BUILDING SETBACK 25' FROM THE PROPERTY LINE BE PRESERVED, THAT THE BUILDING IS CONSTRUCTED WITH MATERIALS AND COLORS SIMILAR TO THAT OF THE PRINCIPAL BUILDING AND THAT THE BUILDING IS CONSTRUCTED TO FACE RIVER STREET. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Consideration of annual appointments for 2006. Clint Herbst informed the Council that Dick Fried had decided to not to serve another term as Planning Commission chair. The Council took the opportunity to thank Mr. Frie for his years of service on the Planning Commission. Glen Posusta stated he would like to continue to serve as Council liaison to the Planning Commission but asked if someone else could take the second meeting which occurs every other month. Wayne Mayer indicated he would be willing to do that. TOM PERRAULT MOVED TO APPROVE THE ANNUAL APPOINTMENTS AS PRESENTED BUT WOULD LIKE SOME CONSIDERATION GIVEN TO OTHER DEPOSITORIES BESIDES WELLS FARGO. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Consideration of license renewal for Walt's Pawn Shop. City Administrator, Rick Wolfsteller noted the concerns from the Sheriff's Department about problems with transactions reporting. BRIAN STUMPF MOVED TO RENEW THE LICENSE FOR WALT'S PAWN SHOP AT 1219 TH 25 ON A MONTH TO MONTH BASIS PROVIDED THE PROPER LICENSE BOND AND ANNUAL PERMIT FEE OF $25 IS PAID. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Glen Posusta questioned the $25 annual fee. Rick Wolfsteller explained that the City also receives $.50 from each billable transaction. Glen Posusta pointed out that there are zoning violations on the site and asked when these violations would be address by the Planning Commission. City Attorney, Tom Scott indicated they had sent the applicant a letter informing them their application was deficient . The applicant has not submitted anything to correct the deficiencies of their application. The applicant was informed of the violations and the need to 12 Council Minutes: 1/9/06 send in a complete and correct application. Tom Scott said the City could proceed with going to court on the zoning violations but staff is hopeful these issues will be resolved. Randel Thompson owner of Walt's Pawn Shop stated he has tried to work with the City on these items. He said the problems with recording of transactions was a computer glitch and he is working with Dave Clemons from the Wright County Sheriff's Department and the software people to get the problem resolved. Randel Thompson discussed the outside sales and storage issues. He stated there was a previous conditional use permit issued to the site for outside storage and sales. He noted other properties in the area were in violation of the code and when he attempted to register a complaint about another business's violation he was treated in a rude and offensive manner by the zoning official. Clint Herbst stated he was more concern that the computer problems are resolved. If there continues to be problems with reporting transactions, the Council discussed what options could be taken. Rick Wolfsteller indicated that if violations continue to occur the City can notify the license holder that a public hearing will be conducted to consider suspension or revocation of the license. He added that this option is available whether the license is approved for a full year or on a month to month basis. 13. Consideration of fee increases for 2006. GLEN POSUSTA MOVED TO ADOPT THE 2006 FEE SCHEDULE AS PRESENTED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. Tom Perrault stated his opposition was because of the amount established for park dedication fees. 14. Consideration of approving RFP and authorizing process for Comp Plan update Jeff O'Neill stated that nothing had been done on preparing an RFP for the Comprehensive Plan update because of how busy he has been and he cited some of the development issues he has been dealing with. He did not see that the delay on this item had done any harm. Now that things are slowing down there is an opportunity to start moving on getting the update completed. He asked the Council to consider selecting Northwest Associated Consultants to do the Comprehensive Plan update. He stated that sending out RFP's would extend the time frame to complete the update. Wayne Mayer stated that it was a Council directive that RFP's be prepared for the Comprehensive Plan update but ITT had not been done. WAYNE MAYER MOVED TO REQUEST NORTHWEST ASSOCIATED CONSULTANTS TO PROVIDE A SCOPE OF SERVICES AND A COST ESTIMATE FOR COMPLETING THE COMPREHENSIVE PLAN UPDATE WITH THE COUNCIL HAVING THE OPTION TO REVERT BACK TO THE RFP PROCESS. THIS INFORMATION WILL BROUGHT BACK AT THE JANUARY 23, 2006 MEETING. TOM PERRAULT SECONDED THE 13 Council Minutes: 1/9/06 MOTION. MOTION CARRIED WITH CLINT HERBST AND BRIAN STUMPF VOTING IN OPPOSITION. 15. Finance Department Activity Report City Administrator, Rick Wolfsteller explained that periodically staff will be presenting to the Council department activity reports. He provided a verbal report on the activities in the Finance Department. The Finance Department is in the process of closing out the books for year end and is beginning preparations for the annual audit. Rick Wolfsteller reported that the City received a $27,000 insurance dividend from LMCIT. This is the 19' year that the City has received a dividend. Lastly he noted that when the Council approved the 2006 budget and tax levy, a comparison was made between the taxes in Monticello and the taxes in Buffalo with the implication that Monticello is a more costly place to live than Buffalo. Historically Monticello has relied on property taxes as their primary revenue source and has chosen to keep fees and charges for services low. In comparing the revenue sources for the two communities it was pointed out that unlike Buffalo, the City of Monticello does not receive LGA (Local Government Aid). Buffalo has an electric utility whose revenues are used to offset expenditures in the general fund while Monticello does not nor does Monticello charge for recycling and garbage services. If the City of Monticello wanted to reduce the amount of their tax levy, they could do so by increasing the sewer and water rates to comparable amounts in other communities like Buffalo. They could charge residents for recycling and garbage collection. The City could establish a franchise fee that their electric service customers would have to pay. At the present time Monticello charges 20% in assessments for reconstruction projects whereas Buffalo charges 40%-50%. When you compare charges for services and other sources of revenue as well as tax levy, the two communities are fairly close. Added Items: Development Guide Handbook: Jeff O'Neill presented draft copies of the development guide handbook to the Council and reported that a meeting has been scheduled with builders and developers on January 24, 2006 at 2:30 to review the process outlined in the guide. Poplar Hills Parking: Wayne Mayer asked about the parking issues and if anything had happened on that. Jeff O'Neill said they will be meeting again with the developer in the next couple of weeks. Roundabout at CSAH 18: The City met with county officials regarding the roundabout. Two options were presented; a roundabout with a connection to the elementary school and one without a connection to the elementary school. Wright County does not favor use of the roundabout and turned down both options. The City could bring this matter before the Wright County Transportation Committee. The estimated cost for roundabout with no connection to the school is $275,000-$375,000. With a connection to the school the cost is approximately 14 Council Minutes: 1/9/06 $375,000 to $425,000. Bret Weiss stated they have not talked to developer to see what interest he has in pushing this forward. Wayne Mayer stated the roundabout would not be necessary if the County would allow a left turn off Meadow Oak Lane. Letter from Resident in Sunset Ponds: The issues raised in a letter received from a resident in the Sunset Ponds development was discussed at site review. Many of the concerns noted in the letter were issues between the property owner and builder but it was unclear whether any written notification had been given to the property owner regarding his concerns. Rick Wolfsteller will check into this and make sure that a response is sent. House Numbers: Tom Perrault asked if there was a size requirement for house numbers. He stated that he had received a complaint that the numbers in the Timber Ridge development were not very legible. Jeff O'Neill will check with the building department on this. Snowmobiles: Tom Perrault asked if some kind of information relating to snowmobile use and regulations could be placed on Channel 12. Parks: Tom Perrault reported that the Parks Commission had expressed deep regrets about the resignation of the Parks Department Superintendent. Signage: Tom Perrault noted that directional sign for the high school is located at the intersection of CSAH 18/CR 39 and that street is closed. He was wondering what could be done about it. City Engineer Bruce Westby indicated that the contractor was suppose to bag the sign. He will check with the contractor. Tom Perrault also asked when the parking on one side of the street only signs would be placed in the recently completed portion of the Core Street Reconstruction project. John Simola will check into this. 16. Consideration of approving bills for January BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 17. Adjourn BRIAN STUMPF MOVED TO ADJOURN AT 11:25 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Notice of a closed meeting to take place after the regular meeting had been given. Because of additional information that had been received, the Council determined to continue the meeting. BRIAN STUMPF MOVED TO CONTINUE THE MEETING TO JANUARY 17, 2006 AT 6:30 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 15