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
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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.
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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.
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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
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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
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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.
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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
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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
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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.
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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
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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.
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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
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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
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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
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$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
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