City Council Minutes 04-24-2006MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday Apri124, 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 April 10, 2006 regular Council meeting
Glen Posusta noted a correction on page 10 of the minutes that the cost of the appraisal for
YMCA site was not to exceed $7,100.
GLEN POSUSTA MOVED TO APPROVE THE MINUTES OF THE APRIL 10, 2006
REGULAR COUNCIL MEETING. WAYNE MAYER SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
2 B. Approve minutes of April 10, 2006 YMCA Workshop.
BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE APRIL 10, 2006
WORKSHOP MEETING ON THE YMCA SITE. TOM PERRAULT SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
2C. Approve minutes of March 20, 2006 special Council meeting.
WAYNE MAYER MOVED TO APPROVE THE MINUTES OF THE MARCH 20, 2006
SPECIAL COUNCIL MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
3. Consideration of adding items to the agenda.
Consulting engineer, Bret Weiss asked that item #10, the bids for the improvements to the
Hidden Forest/Niagra Falls development be removed and placed on the agenda for the next
Council meeting. Clint Herbst added an update on the compost facility and an item for Police
Commission consideration relating to sex offenders located in the community. Glen Posusta
added maintenance of the park pathways and Brian Stumpf added a discussion of change orders
to improvement projects.
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4. Citizen comments, petitions, requests and complaints.
None.
5. Consent Agenda:
A. Consideration of approving hires and departures. Recommendation: Approve hires and
departures for Community Center and Parks.
B. Consideration of approving temporary 3/2 beer license for Monticello Lions Club for
River Fest celebration. Recommendation: Approve temporary 3/2 beer license for the
Monticello Lions Club for River Fest on July 8-9, 2006.
C. Consideration of approving Change Order No. 2 for the Chelsea Road and School
Boulevard Extension Project, City Project No. 2005-11C. Recommendation: Approve
Change Order No. 1 in the amount of $33,159.60 for RL Larson Excavating, Inc.
D. Consideration of authorizing the preparation of plans to extend sanitary sewer and
watermain past the proposed Karlsburger Foods site. Recommendation: Authorize
preparation of plans to extend trunk sanitary sewer and watermain past the proposed
Karlsburger Foods site in the Otter Creek Crossing development.
E. Consideration of approving Change Order No. 3 for the Meadow Oak Avenue and
CSAH 18/39 Project. Recommendation: Approve Change Order No. 3 in the amount
of $18,315.00 for RL Larson Excavating, Inc.
F. Consideration to authorize the preparation of plans and specifications for grading and.
drainage improvements at the Monticello Middle School and A Glorious Church, City
Project No. 2006-09C. Recommendation: Authorize plans and specifications for
grading, site work and drainage improvements at the Monticello Middle School and A.
Glorious Church sites.
G. Consideration of adopting the final AUAR for Jefferson at Monticello.
Recommendation: Adopt the final AUAR for the Jefferson at Monticello Development,
City Project No. 2005-14C.
H. Consideration of resolution adopting the National Incident Management System and
Resolution Promoting Intrastate Mutual Aid Agreements. Recommendation: Adopt the
resolutions designating NIMS as the basis for incident management in Monticello and a
resolution promoting intrastate mutual aid agreements.
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I. Consideration of approval of plans and specifications for 2006 Core Street
Reconstruction Project No. 2006-01C. Recommendation: Approve the plans and
specifications as presented and authorize the submittal of the advertisement of bids for
publication and adopt a "No Parking" resolution for one side of Sandy Lane between
Otter Creek Road and CSAH 75.
J. Consideration of Warnert Retail Development final plat. Recommendation: Approve
the final plat based on a finding that the plat is best suited for the specific development
needs of the property and that all lots in the plat will continue to meet the City's zoning
requirements contingent upon the execution of a development agreement and the
vacation of existing easements for the lots to be replatted.
K. Consideration to adopt a resolution approving a Business Subsidy Agreement between
the HRA in and for the City of Monticello and SL Real Estate Holdings, LLC.
Recommendation: Adopt a resolution approving a business subsidy agreement between
the Housing and Redevelopment Authority in and for the City of Monticello and SL
Real Estate Holdings, LLC.
L. REMOVED FROM AGENDA.
M. Consideration of creating separate Director of Finance position and approving transition
agreement with Administrator. Recommendation: Approve the transition agreement as
outlined along with the job description for the Director of Finance.
N. Consideration of approving purchase of PermitWorks building permit and inspection
software. Recommendation: Approve the purchase of Permit works building permit
and inspection software at a cost of $10,000 which includes software license, annual
support agreement and implementation costs.
O. Consideration of appointments to the Design Advisory Team. Recommendation:
Appoint Charlotte Gabler, Patty Pratt and Carey Tidblom to the Design Advisory Team.
P. REMOVED - DUPLICATE AGENDA ITEM
Q. Consideration of rezoning of Warnert Retail Development. Recommendation:
Approve the rezoning for the proposed plat of Warnert Retail based on a finding that the
B-4 District best reflects the long term land use for this property and is most consistent
with the comprehensive plan.
R. Consideration of concept stage approval for a PUD for Tom Rollings based on revised
plans. Recommendation: Approve the concept stage planned unit development as
proposed, based on a finding that the revisions made to the plan reflect a superior project
design and a suitable development of the subject property.
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Wayne Mayer asked that item #17, Consideration of concept stage approval for a PUD for Tom
Rollings be placed on the consent agenda as item #5R. Items #5H, #5I and #5M were pulled
from the consent agenda.
GLEN POSUSTA MOVED TO APPROVE THE CONSENT AGENDA WITH THE
ADDITION OF ITEM #17 AS ITEM #5R AND WITH THE REMOVAL OF ITEMS #5H, #5I
AND #5M. WAYNE M,kYER SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
6. Consideration of items removed from the consent agenda for discussion.
#5H - National Incident Management System - Wayne Mayer noted that the resolution was
suppose to be acted upon by December 31, 2005 and asked why it was not brought to the
Council earlier. He also questioned if failure to act on this earlier would jeopardize any grant
applications the Fire Department submitted. Fire Chief, Steve Joerg noted that the information
was given to the city staff earlier. City Administrator, Rick Wolfsteller stated the information
he had received on this item he had gotten from the League of Minnesota Cities website. He
added that there was no requirement for the City to adopt this resolution unless the City was
applying for grants.
WAYNE MAYER MOVED TO ADOPT THE RESOLUTIONS DESIGNATING NIMS AS
THE BASIS FOR ALL INCIDENT MANAGEMENT IN MONTICELLO AND ADOPT A
RESOLUTION PROMOTING INTRASTATE MUTUAL AID AGREEMENTS. BRIAN
STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
#5I Core Street Project - Plans and Specifications: Glen Posusta stated his concern was about
having a 32' street going east C-tnd west in front of the cemetery. He had heard that there might
be problems with making a 32' street fit in that location. He felt the Council again should be
looking at whether the street should be widened to 32'. He suggested that maybe the street
should be downsized to 28' once it crosses the creek. He also noted his concern about the
proximity of the street to the cemetery and the loss of trees.
John Simola., Public Works Director, indicated they have not encountered any problems with
the proposed street alignment in the cemetery area. The City is planning to replace the fence in
cemetery and make other improvements to the cemetery and he believes the street alignment in
the cemetery area will pose no problems. Glen Posusta questioned the need to replace the fence
as it appeared in fairly good condition. John Simola stated that the Parks Commission had
noted the need for the fence to be replaced and had even selected the fencing material. It will be
similar to the fencing at Hillside Cemetery but only 4' high. He noted it is proposed to make
other improvements to the entrance area including some plantings.
John Simola said as far as crossing Otter Creek he didn't know if 28' or 32' street would change
the level of difficulty of street construction. Clint Herbst felt that when you reconstruct or
widen a street you should try to make a minimal impact. Tom Perrault felt a 32' street width
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was okay but he didn't feel the sidewalk needed to be put in. Clint Herbst felt the street should
be 28' and have the sidewalk installed. Council noted that since the area was built up there
should be no major increase in the traffic volume in the area. Brian Stumpf felt if the street
width was restricted there should be sidewalk or pathway included. John Simola noted that
only three trees were being removed in the cemetery area; one was dead and one was diseased.
In addition, a property owner had requested the removal of some cottonwood trees on their site.
Wayne Mayer asked if the reason the City went to 32' was because the cost of a 32' street -vs-
28' street was negligible. Clint Herbst said it is not a cost factor as much as it is how this project
will impact the area. Bret Weiss said there is a cost to going across the creek because they have
to put in retaining walls. He added that if the City goes to a smaller street width it will require
changing the plans and specifications and this would set back the bid process.
John Simola said if they do not move the power poles out, the utility company will come in and
clear cut the trees. The power lines are in the trees now and it is planned to move the poles out
4'.
Bret Weiss stated that originally Craig Lane and Kenneth Lane were proposed for sealcoating
and overlay but over the winter the condition of these roads, especially Craig Lane has
deteriorated. They are now recommending a more extensive treatment for these streets. He
indicated that this work could be done as part of this project or it could wait until next year.
Glen Posusta asked if the area had been staked out and Bret Weiss indicated not at this time.
BRIAN STUMPF MOVED TO APPROVE PLANS AND SPECIFICATIONS FOR THE 2006
CORE STREET PROJECT WITH THE WIDENING OF RIVER STREET TO 30' AND
OTTER CREEK ROAD TO 30' AND TO BID KENNETH LANE AND CRAIG LANE FOR
RECONSTRUCTION AND THEN DETERMINE WHETHER TO DO THE WORK THIS
YEAR OR PUT IT OFF TO NEXT YEAR. WAYNE MAYER SECONDED THE MOTION.
MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION
Bret Weiss asked with a street with less than 32' would they go with parking on only one side of
the street. John Simola said if parking is restricted it should be on the side opposite of the
cemetery. Bret Weiss said the date of the bid opening would need to be adjusted because of
changes to the plans.
#SMDirector of Finance Position/Transition Agreement with City Administrator: Glen
Posusta questioned the provision in the agreement regarding pay adjustments. He felt it should
be revised to read: Position would not expect any adjustments." He also clarified that the
present Deputy City Administrator would have the opportunity to seek the City Administrator's
position when it is opened up but he is not making a transition into the City Administrator
position. Brian Stumpf questioned the timing of the transition agreement. Rick Wolfsteller
stated that once the City Council approves a job description and makes an appointment to the
City Administrator position then the transition takes places but he added a revised job
description for the City Administrator has to be approved. Rick Wolfsteller indicated he had
no objections to the proposed changes to the transition agreement.
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GLEN POSUSTA MOVED TO APPROVE THE TRANSITION AGREEMENT AS
OUTLINED WITH THE CLARIFICATIONS NOTED AND APPROVE THE JOB
DESCRIPTION FOR THE DIRECTOR OF FINANCE POSITION. WAYNE MAYER
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
7. Public Hearing on the proposed adoption of a modification to the redevelopment plan for
Central Monticello Redevelopment Project No. 1 and the proposed establishment of Tax
Increment District No. 1-37 therein and the adoption of a Tax Increment Financing Plan
therefor - Karlsburger Foods
Economic Development Director, 011ie Koropchak provided background information noting
that the public hearing was to modify the redevelopment plan and create a new tax increment
financing district. This would be an economic district which would create tax base and jobs for
the City. The HRA will collect the TIF and it will be used to reimburse the City for the cost of
land and infrastructure improvements. Sixteen jobs will be created immediately. She noted
that this food processing company and the Public Works Director was requested to look at the
impact this company would have on the wastewater treatment facilities. 011ie Koropchak
stated the company meets the covenants for the City owned industrial park.
Mayor Herbst opened the public hearing. No one spoke for or against the proposed tax
increment district or the modification of the redevelopment plan. Mayor Herbst then closed the
public hearing.
BRIAN STUMPF MOVED TO ADOPT A RESOLUTION APPROVING THE
MODIFICATION TO THE REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO
REDEVELOPMENT PROJECT NO. 1 AND ESTABLISHING TIF DISTRICT NO. 1-37
THEREIN AND THE ADOPTION OF THE TIF PLAN THEREFOR. TOM PERRAULT
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
8. Public Hearing on delinquent utility charges and certification of assessment to the CountX
Auditor.
The Council reviewed the delinquent utility charges proposed for certification to the county.
Mayor Herbst then opened the public hearing. There was no one present who spoke for or
against the proposed assessment of the delinquent amounts. Mayor Herbst then closed the
public hearing.
BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE
DELINQUENT UTILITY CHARGES. WAYNE MAYER SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
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9. Public Hearing on vacation of easements in a portion of the Commercial Plaza 25 and
Commercial Courts Addition.
The hearing is required to vacate existing easements over lots that will be replatted as the
Warnert Retail plat. The necessary replacement easements will be obtained with the new plat.
Mayor Herbst opened the public hearing. No one was present to speak for or against the
proposed vacation of the easements. Mayor Herbst then closed the public hearing.
TOM PERRAULT MOVED TO VACATE THE EXISTING STREET, DRAINAGE AND
UTILITY EASEMENTS AS IDENTIFIED CONTINGENT UPON REPLACEMENT
EASEMENTS BEING PART OF THE APPROVED FINAL PLAT FOR THE WARNERT
DEVELOPMENT. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
10. Consideration of rejecting bids, revising the project and authorizing the advertisement for
bids to extend utilities to the Hidden Forest and Niagara Falls Developments, Proj. No.
2005-03C.
This item was removed from the agenda at the request of the consulting engineer. No Council
action was taken.
11. REMOVED FOR FURTHER STUDY.
12. Consideration of a request for a conditional use permit and amendment to the planned
unit development for open and outdoor storage and for outdoor sales and display in a B-3
District and for additional used automobile/light truck sales & display. Applicant: Walt's
Pawn and Bargain Center.
Consulting Planner, Steve Grittman reviewed the site plan for the conditional use permit for
Walt's Pawn and Bargain Center. The applicant is seeking a conditional use permit to amend
the PUD to allow for outdoor storage and display. This is a PUD because the of the shared
parking area and parking lot with Gould's. Steve Grittman noted that revisions had been made
to the site plan. When looking at the PUD one is looking for a site plan that is tangibly better
than the typical plan. The position of staff is to recommend approval of the conditional use
permit and Steve Grittman pointed out that the Planning Commission recommended approval as
well. Steve Grittman noted that this is not a superior product but as it is likely this site will be
redeveloped, staff this plan would be acceptable.
Clint Herbst asked about the four parking spaces on the south side. These spaces should be
removed and no parking allowed on the grassed area. He also expressed his concern about the
continued non-compliance with the reporting requirements of the pawn shop.
City Administrator, Rick Wolfsteller submitted information he had received from the Wright
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County Sheriff's Department regarding the applicant's compliance to the reporting requirements
under the pawn shop ordinance. The Sheriff's report noted that one area of non-compliance was
in the reporting of items confiscated by other police departments. While the Sheriff's
Department report indicated the applicant was making progress, they did recommend keeping
the pawn shop license on a month to month basis. Both Clint Herbst and Wayne Mayer stated
that the issue of non-compliance was something they were concerned about.
Wayne Mayer noted that this is called a planned unit development but he didn't see this as
containing any highly desired site amenities. Clint Herbst said if the City moves forward with
the PUD he felt it shouldn't happen until the applicant is in compliance with the reporting
requirements for his license. He asked if the applicant had come forward to the City with any
concerns on the licensing. Clint Herbst felt if the property owner didn't want to follow the rules
of the state, county and city then the Council should look at acting on the license.
Randel Thompson, owner of Walt's Pawn Shop, 1219 TH 25 stated there are lots of rules and
regulations he needs to follow in his business. Dave Clemons from the Wright County Sheriff s
Department has met with him and informed him of requirements that had to be followed. He
said the software situation has been corrected and the records updated. The challenge for him is
the confiscation report. He indicated he spent the day with the software vendor on getting what
was needed to get these reports done. He has to go back now and enter the data into the system.
The confiscation reports lets Wright County know that other agencies have picked up stolen
goods. Mr. Thompson said his business provides a lot of service to the community and he felt
shutting his business down for non-compliance would be a travesty.
Clint Herbst noted that some of reports go back to 2005 and he questioned why it took so long
to get it done. Rick Wolfsteller stated there are two issues. One is a land use issue and the
other a license issue and the two should not be tied together. City Attorney Tom Scott stated
when the license renewal was granted it was conditioned upon review on a monthly basis. He
stated the non-compliance on the reporting requirements should be dealt with as a license issue
which means the applicant would be notified that the City was considering setting a date to
consider a suspension or revocation of the license due to non-compliance. Randel Thompson
indicated it was his intention to be in compliance with license requirements within three weeks.
Randel Thompson said that they took the four parking stalls out and that area will be used for
storage of items other than vehicles. Glen Posusta asked if they had a letter of credit or surety
bond in place to cover the landscaping work. Jeff O'Neill said the City requires a landscaping
plan on new projects only but the City could as a condition of the conditional use permit require
a landscaping plan. Clint Herbst said staff should make it clear on what is missing. Chain link
fence will be required with landscaping around it. Wayne Mayer said this is a PUD and the City
is letting the applicant by with something that is not any higher quality in design.
BRIAN STUMPF MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR AN
AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR OPEN AND OUTDOOR
STORAGE AND OUTDOORS SALES AND DISPLAY AND FOR ADDITIONAL USED
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AUTOMOBILE/LIGHT TRUCK SALES AND DISPLAY FOR WALT'S PAWN AND
BARGAIN CENTER AT 1219 TH 25 BASED ON A FINDING THAT THE APPLICANT
HAS COMPLIED WITH EACH OF THE APPLICABLE REQUIREMENTS FOR THE USE
AS SPECIFIED IN THE ZONING ORDINANCE AND TO HAVE THE COUNCIL
UPDATED AT THE FIRST MEETING IN JUNE ON ISSUES RELATED THE LICENSE
Tom Perrault asked for clarification on the four parking stalls that vehicles would not be parked
there but boats or trailers could.. The Council felt the area could be used for other storage but if
it is going to be used for storage it should be paved.
TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH WAYNE
MAYER AND GLEN POSUSTA VOTING IN OPPOSITION WITH WAYNE MAYER
STATING THAT EVEN THE STAFF RECOMMENDATION STATED THIS SITE DOES
NOT MEET THE DEFINITION OF A PLANNED UNIT DEVELOPMENT.
13. Consideration of selecting design for CSAH 18/Meadow Oak Avenue Intersection
Consulting Engineer, Bret Weiss noted this intersection has been an issue since construction
started on the interchange. The existing intersection restricts left turns from Meadow Oak
Avenue onto CSAH 18. He noted that previously MnDOT did not allow two lane roundabouts.
About the time plans were completed MnDOT came out with a plan for two lane roundabouts
but Wright County indicated the plan would not meet county spacing guidelines. County
Engineer, Wayne Fingalson said the City could present their case to the Wright County
Transportation Board as a whole which the City did. The decision of the board was to let the
City do a roundabout or a full access intersection in this location. During this time the
commercial property owner also expressed his concerns about not having left out access to his
property.
Bret Weiss presented three options to the Council on the design for the intersection.
Option #1 depicts a full access intersection which would allow for a left turn out from Meadow
Oak Avenue to CSAH 18. One of the issues with this design is that someone exiting from the
school would have to go to School Boulevard. At some point in the future the access on to
School Boulevard would be eliminated. Estimated cost for this option is $71,000 which would
cover cost for the School Boulevard street access. At some future point as traffic volume
increases, the City would see traffic delays resulting in increased accidents at this intersection.
The City has not negotiated with the County on what will happen in the future when traffic will
stack up on Meadow Oak Avenue.
Option #2 - This is a full access intersection but would require relocation of the school's access.
The challenge in this design would be to bring the grade of CSAH 18 up to that of the school's
parking lot. The estimated cost for this option is $385,000 for work on CSAH 18. If at some
future point the school's northbound access on School Boulevard is removed there would be an
additional $71,000 for the construction cost of the relocated School Boulevard access. Again
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with this option at some future point you would be looking at a stacking problem
Option #3 - "'his would be a two lane roundabout. This option would require the relocation of
the school access but would provide for permanent southbound access . The estimated cost for
the roundabout option would be $389,000.
At this point costs have not been negotiated with the contractor but it is assumed that the
roundabout would be constructed this year. Bret Weiss said his report did not contain a
recommendation as he felt this was a Council decision however if the City was looking for a
long term solution he would recommend the roundabout. Clint Herbst asked about the cost of a
signal for the intersection and Bret Weiss indicated the estimated cost would be $200,000.
Wayne Mayer asked if the school would be retaining the second entrance. Bret Weiss said the
northerly access would be closed. Glen Posusta asked whether there was sufficient room to
swing a bus through the relocated access. WSB felt this could be done.
Wayne Fingalson, Wright County Highway Department said the Highway Department is in
favor of a roundabout but not at this location. This feeling is based on safety concerns and
meeting the spacing guidelines adopted by the County. A roundabout or full intersection is a
deviation from their policy but he added it has been approved by the Wright County
Transportation Board. Wayne Fingalson said the multi -lane roundabout is new. School
Boulevard and C SAH 18 should have signals or a roundabout in the future. The Council
discussed concerns about pedestrians trying to cross the roundabout. If a full access is put in,
the intersection the way it is now is the preferred set up of . If the roundabout option is selected
a justification report would be required. Glen Posusta questioned whether a two lane
roundabout is good. He said he would prefer option #1 if the County would state that they
would not want a signal for 10-15 years. Glen Posusta felt option #1 would not need a signal.
Wayne Mayer said his concern with option #1 is that people coming off Meadow Oak Avenue
would have to make a left turn against two lanes of traffic and he felt this was more of a safety
concern.
Joel Lundeen from the school district noted that option #2 would take away the school's north
ingress and egress but retain the south access along School Boulevard but only on a temporary
basis. He felt this would be an uncontrolled intersection. Wayne Mayer asked the school
district's opinion on option #3. Joel Lundeen said they would like to have access to the school
that connects to Meadow Oak Avenue. Joe Lundeen said in the future they would like to close
the south entrance because it is too close to the intersection. He felt option #1 would cause
some major issues for them because the new road would cut into the bus parking area. Joel
Lundeen felt the roundabout would give them the best option.
Wayne Mayer asked about safety issues with pedestrians and whether the roundabout was any
more dangerous. Joel Lundeen said the school would funnel the kids to the pedestrian crossings
areas at School Boulevard and CSAH 18 and School Boulevard and Oriole Lane. The access
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that is currently used for truck traffic to the school will remain. Tony Heppelmann from WSB
said there have been a number of studies on the roundabout relating to pedestrian safety. A
single lane roundabout has fewer crashes than a signalized intersection while a two lane
roundabout has about the same number of crashes as a signalized intersection. He noted that in
the United States there is a problem with traffic yielding to pedestrians in the crosswalk. He
also added there were more bicycle crashes with a two lane roundabout than with a signalized
intersection. He noted too that crashes were not as bad because of the reduced speed. Clint
Herbst felt the roundabout would be a snowplow operator's nightmare.
Shawn Weinand spoke regarding the roundabout stating they had initially committed to a full.
intersection with a signal but since it appears that will not be happening they saw the
roundabout as a way to handle the traffic. They would contribute $50,000 toward the
roundabout and with $10,000 for lighting their contribution would total $60,000.
Wayne Fingalson commented on option #1 which would always be a right in and right out.
Problems with the left turn may prompt the installation of a median that would not close the left
turn out but would restrict it. This would be similar to what was done on Dundas Road. Wayne
Mayer felt option #1 should not be considered since the left out could be taken away. He felt
commitment by Shawn Weinand made the roundabout fiscally feasible.
WAYNE MAYER MOVED TO SELECT THE DEVELOPMENT OF A TWO LANE
ROUNDABOUT WITH A RELOCATED SCHOOL DISTRICT ACCESS AND AUTHORIZE
PLAN PREPARATION AND CHANGE ORDER NEGOTIATION. TOM PERRAULT
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
Wayne Fingalson said if the City goes ahead with the roundabout the County will work with the
City and will proceed with the justification report. Bret Weiss said they will be utilizing the
services of a regional expert to review the roundabout to make sure that everything works
14. Consideration of amendment to the Monticello Zoning Ordinance regulating open and
outdoor storage in the I-1, I -1A and I-2 Districts.
Steve Grittman provided background on the proposed amendment noting the City has been
working with a task force to develop language for outdoor storage regulations. The proposed
ordinance amendment would impact outdoor storage in the I-1, I-1 A and I-2 districts.
Steve Grittman reviewed the changes for the I-2 district which included encouraging the use of
berms and/or plantings rather than chain link fencing. It also requires the screening to be 6'
above the natural grade and allows for outdoor storage in the front yard by a conditional use
permit. In addition the ordinance amendment proposes changes to the requirements for the
treatment of trash handling equipment and sets conditions for allowing outdoor storage in the
front setback area.
Charlie Pfeffer representing Monticello Industrial Park Inc. addressed the council regarding
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concerns he had about the proposed amendment. He stated under the proposed amendment they
would not be able to solicit distribution or warehousing uses for their property because trailers
would be considered outside storage. The percentage of area allowed for outdoor storage would
keep them from selling any of their property for distribution or warehousing uses. He said there
is an impact in terms of value and taxes. He discussed their industrial park in Rogers which
has capability to park trailers and containers on site. He noted that 80% of retail goods come in
containers. He suggested the following changes to the ordinance amendment: 1) Remove
trailers from the definition of outdoor storage; 2) Changes be made to the screening
requirements so that it was more appropriate. He didn't understand the need to screen one
industrial use from another industrial use. He also questioned the restriction on chain link
fence as the hollow core slats provide the security of chain link fencing and are superior to slats.
He asked if the City wanted to wait with development until a specific type of business comes in
or do they want to open themselves up to more types of businesses.
Charlie Pfeffer the noted that provision about trucks in loading docks or in the loading process
for mor than 72 hours may not be enforceable and that part of the ordinance was not people
friendly. Glen Posusta felt the city ordinance was confusing and some of the landscape
requirements burned up land area.
Jeff O'Neill said the I-1 A district was set up to attract more upscale business and he asked if the
distribution business would meet that. Charlie Pfeffer responded that if you adopt this
ordinance amendment you have precluded warehousing opportunities. He felt the ordinance
restricted the business that would come into the City. Clint Herbst felt the City should be open
minded and welcome different types of businesses that are looking at Monticello.
Brian Stumpf asked with the recommended changes should this amendment go back to Planning
Commission or to the IDC. Steve Grittman rebutted the comments made stating he didn't feel
the City was precluding any particular uses in the I -IA district. Steve Grittman said
distribution centers generally don't have high number of employees and job creation is one of
the goals of the city. He said this ordinance would restrict some uses on some parcels in the
industrial park. He discussed loading and stated loading is not part of the storage calculations
He didn't recommend changing the 72 hours loading otherwise people would get the idea they
can store their trailers there.
Clint Herbst and Glen Posusta felt Section D should be removed. Steve Grittman felt that
screening did serve a purpose which was to mitigate the visual impact of outdoor storage to the
public right of way. Clint Herbst stated that industrial uses in industrial zones are not offensive.
He agreed with screening from residential areas. Wayne Mayer and Clint Herbst agreed that
fencing with slats was worse than just chain link fencing. Jeff O'Neill said that Fallon Avenue
is a major corridor and the view of outdoor storage is not what you want.
Bill Tapper, 1324 Edmonson Avenue and 212 Chelsea Road, is a member of the IDC. Most of
the discussion he was involved in related to I-2 district and not as much to the I-1 A and I-1. He
felt that one should consider those areas more carefully than they have been up to this point.
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The IDC proposed to the task force a group of items relating to I-2 that could be incorporated in
the ordinance Part of the ordinance he was concerned with is having to get a conditional use
permit for front yard storage. He didn't like this because the applicant doesn't know what
conditions may be added. He didn't like the CUP process being built into the ordinance. He
felt the City should define what the rules are and write the rules into the ordinance. Bill Tapper
said the economy is going is away from heavy manufacturing and more towards distribution.
Clint Herbst asked Bill Tapper if he had any problems with the I-2 portion. Bill Tapper said he
opposed the CUP for front yard storage and the definition of front yard. Another concern is that
the City realizes that as a business you may have to store some unsightly things . Clint Herbst
suggested the conditions be written into the code and not have CUP process. Clint Herbst felt
the ordinance should be flexible and something that the City would not constantly have to be
amending. Glen Posusta said he didn't understand why the City put the onus on the commercial
and industrial property owner to do the screening.
Jay Morrell, 10054 Ickler Avenue, spoke endorsing the comments made by Charlie Pfeffer and
Bill Tapper. He agreed that the existing ordinance was very cumbersome and felt this was
confirmed by the IDC and staff. He said the process was better than what it was before but still
need some adjusting. The I-2 portion of the amendment is not too bad except for the CUP
process for front yard storage. He also had some concerns about the screening requirements.
I-1 and I-1 A areas were something that needed to be addressed further. Jeff O'Neill asked if he
felt the City could move ahead with the amendment for the I-2 area and work further on the I-1
and I-1 A.
Wayne Mayer noted that Jay Morrell. Bill Tapper and Charlie Pfeffer were all involved in the
task force on outdoor storage and questioned whether anyone was listening to what the task
force members had to say. Wayne Mayer asked if other task force members opinions were
opposite of those who spoke tonight. Steve Grittman stated planning commission members
disagreed with task force members on this issue. Wayne Mayer asked Steve Grittman if this
amendment was something Steve Grittman as a planner could wholeheartedly endorse. Steve
Grittman responded the amendment was a consensus of the majority of the task force.
Brian Stumpf asked if there was a reason why the Council would want to vote on a portion of
the amendment now and work on the rest later. Wayne Mayer stated that if a provision is not
enforceable then it should not be put on the books just so we can say we did something. Jay
Morrell said the task force for the first year just spun their wheels but he felt when William
Spartz came on board the committee started making some headway. Charlie Pfeffer said he only
participated in two meetings as they were not aware that a committee was working on the issue
of outside storage. Clint Herbst asked if the Council wants to mull it over for a couple of
weeks or have a workshop meeting before the next meeting.
Shawn Weinand encouraged staff to look at the Rogers industrial park. He stated the City
shouldn't screw themselves up by putting too many restrictions on itself. He said a more
effective control would be if the City set covenants. He added at this time buyers are skittish
and don't need more hurdles to scare them off.
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Dick Van Allen, 6140 River Mill Drive, commented that the ordinance should be integrated and
apply to all industrial districts. The city ordinance needs to be simplified so the public can
understand it . He felt front yard storage should be allowed since it would allow the property
owner to make full use of their property. He is against the CUP process which he would like to
see discourage.
A representative from Wallboard Inc. also felt the CUP process would restrict a lot of people
that might come into town. He added that distribution/warehousing uses brings benefits to the
community and the trucks coming in and out is an economic benefit to the City.
GLEN POSUSTA MOVED TO DENY THE ORDINANCE AMENDMENT REGULATING
OPEN AND OUTDOOR STORAGE IN THE 1-1, 1-2 AND I-lA DISTRICTS. WAYNE
MAYER SECONDED THE MOTION.
Wayne Mayer said he doesn't want to handcuff people who might be interested in coming to
Monticello and he felt this ordinance amendment added further encumbrances. He felt some
drastic change had to be made. Clint Herbst and Brian Stumpf felt a meeting should be held to
work on some of the issues in the ordinance amendment and suggested meeting before the next
regular council meeting
GLEN POSUSTA AMENDED HIS MOTION AND MOVED TO TABLE ACTION ON THIS
ITEM. WAYNE MAYER SECONDED THE AMENDED MOTION. MOTION CARRIED
UNANIMOUSLY.
15. Consideration of establishing mix of participants on Comprehensive Plan Update Task
Force.
Jeff O'Neill updated the Council on the status of the Comprehensive Plan Update. The scope
of the project is being firmed up and will come back to the subcommittee and to the Council
Instead of the task force being the primary focus, Hoisington Kegler felt there should be more
community/neighborhood meetings. The proposed task force will meet once a month for 14
months or so. Brian Stumpf suggested adding another citizen at large from the township and
try to make sure the there is one township representative from each side of the township.
Wayne Mayer suggested that because this is a major undertaking with significant impact that
there should be 3 representatives of the Planning Commission and the City Council even if it
means posting notice of the meetings. He suggested that those organizations who have one
member on the task force also designate an alternate.
WAYNE MAYER MOVE TO ESTABLISH THE TASK FORCE WITH THREE
MEMBERS FROM THE CITY COUNCIL AND PLANNING COMMISSION, TWO
MEMBERS FROM THE PARKS COMMISSION, TWO MEMBERS FROM THE
TOWNSHIP BOARD; ONE MEMBER EACH FROM THE HRA, EDA AND IDC, ONE
MEMBER FROM EACH OF THE FOLLOWING CHAMBER OF COMMERCE, SCHOOL
DISTRICT, COUNTY, AND HOSPITAL BOARD AND THREE CITIZENS AT LARGE
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FROM THE CITY AND TWO CITIZENS AT LARGE FROM THE TOWNSHIP. CLINT
HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
16. Consideration of amending subdivision ordinance establishing 18% standard for park
dedication.
Steve Grittman provided the background information noting that the City is allowed by
statute to acquire park land. In January 2006 the park dedication fee was increased to $3500
per unit. Although there was a cash dedication increase at that time, the land dedication fee
was not increased. The fee increase was done in part because of the YMCA property. There
are two ways of calculating park dedication land by acreage or based on population. Planning
Commission had recommended approval of the park dedication fee increase. Brian Stumpf
asked if the City is increasing their park land by 1200 acres by acquiring the YMCA why
would the City need additional parkk land acquisition from the developers. Steve Grittman
said if the YMCA is not acquired then these fees would no longer be applicable and may be
taken back out. Clint Herbst felt it would be known in a short period of time whether the
City would be acquiring the YMCA. He said the problem is that developers are paying more
than they can afford for the land and then can't handle the development fees. Brian Stumpf
said hd didn't know why the City needs to do this if we don't know what is going to happen
with the YMCA. Glen Posusta felt this is one more reason why people don't build in
Monticello. The developers will just pass the park dedication fee increase onto the residents.
Brian Stumpf said if the City will know shortly on the YMCA why not wait with the
ordinance amendment until then.
Shawn Weinand said while the YMCA property would be an asset to the community, the
housing industry is in a crisis. If the builders can't sell the units you can't buy the YMCA.
Shawn Weinand stated that not including land. his lot costs have increased $10,000 over two
years. He said since the City makes the choice on taking land or cash why do you need to
increase the land dedication. Clint Herbst said at some point the City had to take the step and
increase the fees he noted that adjustments would be made for those developments in process.
Shawn Weinand felt there should be some time frame set up so developers have some idea
when the fees will be increased. Glen Posusta asked Shawn Weinand if the YMCA was a
regional park would it make it any easier to sell their lots. Shawn Weinand said it is a selling
point but it would not get the developer any more for the lots.
BRIAN STUMPF MOVED TO TABLE THE PARK DEDICATION AMENDMENT.
UNTIL FURTHER NOTICE. GLEN POSUSTA SECONDED THE MOTION.
Rick Wolfsteller said he was of the understanding that the City was trying to make the land
increase in park dedication equivalent to the cash fee increase in park dedication that was
approved earlier.
UPON VOTED BEING TAKEN, THE MOTION CARRIED WITH TOM PERRAULT
VOTING IN OPPOSITION.
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Council Minutes: 4/24/06
17. Consideration of concept stage approval for a PUD for Tom Rollings based on revised
plans.
Moved to consent agenda as item #5R
18. Consideration of issuing letter of intent to negotiate on purchase of YMCA property.
GLEN POSUSTA MOVED TO AUTHORIZE STAFF TO PREPARE AND EXECUTE
DOCUMENTATION SUPPORTING THE CITY'S DESIRE TO ENTER INTO GOOD
FAITH NEGOTIATIONS TO PURCHASE THE YMCA PROPERTY AND TO
AUTHORIZE EXPLORATION OF THE DEVELOPMENT OF A JOINT POWERS
AGREEMENT WITH WRIGHT COUNTY GOVERNING ACQUISITION, USE AND
MAINTENANCE OF THE FUTURE PARK.
In fi.irther discussion Brian Stumpf brought up about the residents of Monticello being doubly
taxed for this park both as city residents and county residents. Clint Herbst felt the City had
to find out the cost for the YMCA property and go from there.
CLINT HERBST SECONDED THE MOTION. MOTION CARRIED WITH TOM
PERRAULT VOTING IN OPPOSITION.
Added Items:
Sex Offenders: Clint Herbst stated he had received a letter from a resident about the sex offenders
living in the city. He would like the Police Commission look at this issue. Tom Scott noted that
state statute governs this. Placement of a level 3 sex offender requires notification to the residents
but a level 2 offender does not.
Compost: Clint Herbst stated he was out at the site and agreed with residents that the odor was bad.
John Simola said they are still studying the options and are waiting to hear back from the County
regarding dumping at their compost facility. This matter will come back at the next meeting.
Pathways: Glen Posusta noted the deteriorated condition of the trail in the Briar Oakes area and
wondered about a maintenance program. John Simola stated that heavy equipment has been on the
trail and that area is one of the older trails
Change Orders: Brian Stumpf wanted to know if the City was initiating the change orders on the
projects or if it was the contractor realizing they had bid something too low. Bret Weiss said
generally the change orders are because of something the City initiated like adding project work (i.e.
Karlsburger utility extension) to an existing contract by change order. Brian Stumpf asks how this
affects the contingency fund.
Comprehensive Plan: Update was given with task force item.
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Council Minutes: 4/24/06
Clint Herbst complimented staff on the clean up work that was done.
19. Consideration of approving bills for April.
TOM PERRAULT MOVED TO APPROVE PAYMENT OF THE BILLS. BRIAN
STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
20. Adjourn.
The meeting was adjourned at 11:10 p.m.
Recording secretary
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