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City Council Minutes 11-14-2005MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday November 14, 2005 - 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 October 24, 2005 regular Council meeting_ TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE OCTOBER 24, 2005 REGULAR COUNCIL MEETING WITH TYPOGRAPHICAL CORRECTIONS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of the October 27, 2005 joint meeting with Police Commission.. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE OCTOBER 27, 2005 JOINT MEETING WITH THE POLICE COMMISSION WITH A SPELLING CORRECTION. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF ABSTAINING. 3. Consideration of adding items to the agenda. The following items were added to the agenda: 1) Discussion of letter from JME regarding snow plowing; 2) Crosswalk on TH 25; 3) City Engineer; 4) Ordinance relating to outdoor storage of vehicles; and 5) Update on Front Street riverbank erosion problem. 4. Citizen comments, petitions, requests and complaints. Isabelle Olson from the Swan River Montessori School came before the Council to announce that she would be on the agenda at the November 28, 2005 Council meeting regarding the installation of the playground at the Swan River Charter School. She stated that they would like the playground to be public but the cost of insurance is prohibitive for them. They will be asking that the City pick up the cost of insurance and some maintenance cost. City Administrator, Rick Wolfsteller stated that according to the City's insurance carrier, the City cannot insure what the City does not physically own. 5. Consent agenda: A. Consideration of approving hires and departures. Recommendation: Ratify the hires and departures as identified. Council Minutes: 11/14/05 B. Consideration of appointment of election judges for special general election on November 22, 2005. Recommendation: Appoint election judges as follows to serve for the 2005 General Election: Adair Alexander, Fred Anderson, Gregory Ashfeld, Joan Brandon, Donna Brauch, Ron Broekmeier, Janet Bromberg, Lucille Clausen, Edith Custer, Rosemary Dahl, Mary Daniels, Kristi DeMarais, Jan Doucette, Jamie Fisher, Kaye Gauthier, Judy Holley, Jeanette Holt, Jan Irvine, Lori Kraemer, Wanda Kraemer, Arlene McIntire, Judy Moody, Robert Nelson, Merrijo Nesland, Richard Quick, Randy Smith, Rita Soltau, Patricia Sonju-Thielman, Opal Stokes, Sandy Suchy, Diane Wefel and Lorraine Wolff. C. Consideration of a request for rezoning from AO (Agriculture Open Space) to R-1 A (Single Family Residential) Carlisle Village Fourth Addition. Applicant: Shadow Creek Corporation. Recommendation: Approve the rezoning from A -O to R -1A for Carlisle Village 4th Addition based on the finding that the rezoning meets the intent of the City's Comprehensive Land Use Plan for the area. D. Consideration of approving the 2006-2007 contract with Wright County for police protection services. Recommendation: Approve the renewal of the 2006-2007 contract with Wright County for police protection services. E. Consideration of increasing the fees for weekend burials. Recommendation: Approve a $25.00 increase in fees for weekend burials. F. Consideration to ratify second amendment to license agreement between the HRA, the City and Rocky Mountain Group. Recommendation: Approve ratifying the Second Amendment and Third Amendment to the License Agreement between the HRA, the City and Rocky Mtn Group LLC. G. Consideration of accepting work and approving final payment for Storm Sewer Outlet at Meadow Oaks and I-94 Watermain Crossing, City Project Nos. 2004-9C and 2004-1 OC. Recommendation: Accept the improvements and approve the final payment of $22,672.42 to Volk Sewer & Water, Inc. Subject to receipt of the final paperwork. H. Consideration of approving final plat Hillside Farms 3rd and 4th Addition. Recommendation: 1) Approve the final plat and development agreement for Hillside Farms 3rd Addition with revisions of the plat document; 2) Approve the final plat and development agreement for Hillside Farms 4th Addition subject to revisions of the plat document. I. Consideration of authorizing submittal of draft AUAR for Heritage development. Recommendation: Authorize submitting the Draft AUAR for the 30 day public review and comment period. 2 Council Minutes: 11/14/05 J. REMOVED FROM THE AGENDA. On item 5C Brian Stumpf questioned why the City was considering rezoning Carlisle Village 4 th Addition without the 3 Addition being finalized and with all the problems remaining unresolved within the development. It was explained that this is a zoning issue on a plat that is already approved. Brian Stumpf stated that at a previous meeting the Council had talked about sending a message to the developer about getting problems resolved before allowing further development and for that reason he felt this item should be pulled from the consent agenda. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM #5C. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. #5C -Rezoning for Carlisle Village 4th Addition: Clint Herbst said with all of the development pressure the City is facing if the problems relating to erosion control aren't taken care of th problem is only going to get worse. The developers have to take care of the problems they have created during the course of their development. BRIAN STUMPF MOVED TO DENY THE REQUEST FOR REZONING FROM AO TO R-1 A FOR CARLISLE VILLAGE FOURTH ADDITION UNTIL SUCH TIME AS THE REMAINDER OF THE PROJECT IS CLEANED UP AND AT THAT POINT THE REZONING CAN COME BACK TO THE COUNCIL FOR CONSIDERATION. After additional discussion on whether denying the rezoning because of other problems in the development was the appropriate response, Brian Stumpf amended his motion. BRIAN STUMPF MOVED TO TABLE THE REZONING REQUEST FROM AO TO R -IA FOR CARLISLE VILLAGE 4TH ADDITION. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. In further discussion, Glen Posusta stated that staff needs to make the developer aware of the Council's concerns and not bring anything else forward until these problems are rectified. Jeff O'Neill stated the staff is putting together a policy on erosion control. Clint Herbst said if falls on the developer's shoulders if they want this to move forward. Glen Posusta felt the City was not being vigilant in this area and he cited another development where debris has been piled up for over a year. 7. Public Hearing on proposed assessment and possible adoption of the assessment roll for the 2005 Core Street Reconstruction, City Project No 2005-1C Consulting Engineer, Bret Weiss gave a brief presentation on the project and the proposed 3 Council Minutes: 11/14/05 assessment. He noted that the project area covered River Street from Chestnut Street to Otter Creek Road and included improvements to Sandy Lane, Willow Street and Oak Street as well. The project included street widening, reconstruction of the road surface, curb and gutter and storm sewer installation. The final wear course has been placed and only some minor restoration work remains. The project cost came to $920,038.30. Of that cost $175,152.56 is proposed to be assessed to the benefitting properties which comes to $2,871.35 per unit. Bret Weiss noted that this was the first area in the core street program where new curb and gutter was installed as well as storm sewer. Clint Herbst emphasized that this was an area that did not have curb and gutter and storm sewer before this. It was felt that the cost for these new improvements was a bargain. Bret Weiss added that since bonds were issued to cover the project, the City was required to assess 20% of the cost. Mayor Herbst opened the public hearing. No one spoke for or against the proposed assessment. Mayor Herbst then closed the public hearing. Bret Weiss stated that this was the third year of the core street reconstruction program and throughout the three years Public Works staff has worked with the engineer, contractor and residents to make the project go smoothly. He commended the work that Matt Theisen and Tom Bose have done on the core street project. GLEN POSUSTA MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE CORE STREET RECONSTRUCTION PROJECT NO. 2005-1C AS PROPOSED USING THE 20% ASSESSMENT RATE OF $2,871.35/ASSESSABLE UNIT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Wayne Mayer stated that based on the comments of Bret Weiss, he would like to something placed in the personnel file of Matt Theisen and Tom Bose to reflect the positive comments. 8. Public Hearing - Continued hearing on appeal of a variance for a secondary driveway in an R-1 zoning district. TOM PERRAULT MOVED TO CONTINUE THE PUBLIC HEARING ON THE APPEAL OF A VARIANCE FOR A SECONDARY DRIVEWAY IN AN R-1 ZONING DISTRICT UNTIL THE NEXT MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of approving a conditional use permit for a 896 sq. ft. detached accessory structure in an R-1 Zoning District.. Applicant; Richard Bastien Central Masonry and Concrete. TOM PERRAULT MOVED TO TABLE ACTION ON THE CONDITIONAL USE PERMIT FOR RICHARD BASTIEN CENTRAL MASONRY AND CONCRETE UNTIL THE TIME Council Minutes: 11/14/05 A SURVEY IS PROVIDED, REVIEWED AND A RECOMMENDATION ON THE CONDITIONAL USE PERMIT CAN BE MADE. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of a request to obtain an option for purchase of city owned parcel of land on Cedar Street - Visicom (Bruce Hammond). City Administrator, Rick Wolfsteller provided background on the proposed sale of the City owned five acre parcel at the northeast corner of Cedar Street and Dundas Road. The City originally acquired this property through tax forfeiture. The City has not actively marketed this parcel as they felt they should hold on to it until they know how the property around it will develop. Mr. Hammond has expressed an interest in the parcel for the purpose of constructing some type of strip mall. The Council must determine if they want to sell the parcel and if they are interested in entering into an option agreement with Mr. Hammond. Rick Wolfsteller stated there is a lot of interest by developers in the TH 25 area. Clint Herbst stated the City's parcel is a piece of a larger overall area and he didn't know if the City should take this piece out of the puzzle. Glen Posusta added that there was a meeting held with the property owner to the north of the site. He was looking at developing the property into a number of smaller commercial lots. Wayne Mayer said until that property owner declares what he is going to do with his property, the City should hold off on any marketing of the property. Wayne Mayer added that he didn't like the idea of tying up the property for just $1,000. Bruce Hammond responded that the $1,000 is just to start the next step which would be to get an appraisal of the property. Mr. Hammond stated they looked at the five acre site on Cedar Street because it was equivalent in size to the site they are working with in Albertville. Clint Herbst said he would still like to see a general plan of how the whole area would develop. Bruce Hammond stated there was a contingency in the option agreement that if the City receive another offer he has 30 days to match it. Glen Posusta brought up the value of the land as he thought the City Administrator's estimate $100,000 plus was on the low side. He agreed with the Mayor that the City should see how the area around develops and he suggested that the Rick Wolfsteller do some further analysis of the property or possibly get an appraisal done. Brian Stumpf felt because the development activity in the area the land value would be changing constantly and he didn't think an appraisal at this time would be appropriate unless the City was ready to sell now. Clint Herbst felt based on the use of the land Mr. Hammond was proposing that there were other sites better suited than this five acre parcel. The consensus of the Council was that the City should hold onto this site until it was known how the area around it will develop. Bruce Hammond suggested the City Attorney look at how the option agreement was written to see if the agreement gives the City enough flexibility and added that option agreement was just a prelude to a purchase agreement. It was also 5 Council Minutes: 11/14/05 noted that there would be an assessment on this property. Wayne Mayer stated that if Mr. Hammond wanted to get an appraisal on the property that did not require the property be tied up with an option agreement. Mr. Hammond stated that if there were other sites that would be suitable he would like to get information on those sites. WAYNE MAYER MOVED TO NOT ENTER INTO AN OPTION AGREEMENT AT THIS TIME. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. A representative from the Wright County Sheriff's Department was present to answer any questions if the Council had any. There were no questions for the officer. The Council took a short recess and then reconvened at 8:05 p.m.. Because Mr. Hammond was present, the Council moved up the agenda item relating to the sale of the lot on River Street. 12. Consideration of process for selling city owned residential lot - River Terrace Addition. City Administrator, Rick Wolfsteller provided background on this item noting it was similar to the previous item in that Mr. Hammond was requesting an option agreement on a parcel of City owned land. In this case the parcel was a residential lot across the street from Mr. Hammond's property. The City had originally acquired the property for storm water ponding purposes. With the installation of storm sewer under the 2005 Core Street Project, the lot was no longer needed for that purpose. The City Administrator had gotten price estimates from three realtors which established a price range from $44,900 to $75,000 for the lot. The City Administrator felt that the $57,000-$62,000 was a realistic range but added that if the City wanted to spend the time marketing the lot they may get a higher price. The City could look at a number of options on the sale of the land. They could sell the land by bid; they could list the property with a realtor or they could consider Mr. Hammond's option. Mr. Hammond stated that if the City could determine the sale price for the lot the option agreement would not be needed and he would go directly to a purchase agreement. He added that his home is currently being appraised so that should give him an idea on the value of the land. Brian Stumpf stated he didn't have any concerns about selling the lot but he did want something in the agreement specifying what is constructed on the lot and the time frame for construction to take place. Glen Posusta agreed but felt to be fair to all the City should advertize the property for sale. He suggested a sale price of $70,000 with a provision that a home would have to be constructed on the site within one year of closing. GLEN POSUSTA MOVED TO ADVERTISE THE LOT FOR SALE AND TO ESTABLISH $70,000 AS THE MINIMUM PRICE FOR THE LOT WITH CONSTRUCTION OF A HOME ON THE SITE TAKING PLACE WITHIN ONE YEAR. TOM PERRAULT rel Council Minutes: 11/14/05 SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Bruce Hammond commented on the construction on River Street complimenting Tom Bose on doing a good job of communicating with residents and he also complimented Buffalo Bituminous, the contractor on the job, for the good job they had done. 11. Consideration of amendments to purchase agreement for sale of property to Mike Krutzig - Jefferson Commons. City Administrator, Rick Wolfsteller, stated this item was similar to the two previous items. The Council had agreed to sell a 2.78 acre parcel in the Jefferson Commons development which included a provision that construction was to occur within a specified time frame. Mr. Krutiz did not meet the 180 day requirement for closing nor has he provided any development plans but Mr. Krutzig has indicated that he needs to close on the property shortly in order to meet the deadline for a 1031 tax exchange process. The Council was asked whether they want to proceed with the closing or make modifications to the agreement. The Council discussed when the agreement had been signed and what date the 18 months should be calculated from. Rick Wolfsteller stated although the agreement was initially given to the City in November, the City did an addendum which took awhile and it was not signed until March 2005. The City has a similar situation with Kingbay agreement and it was noted that it is difficult for developer to close on a property if they don't have a tenant lined up. Glen Posusta said his concern with the original agreement with Krutzig was that the City had another party who would commit to building within six months which the City didn't accept and now the City has nothing. Glen Posusta said if this moves forward the City must make sure Mr. Krutzig understands that by June 1, 2006 something has to happen. After discussion it was recommended that the March 6th date be used for calculation of the 18 months. BRIAN STUMPF MOVED TO AUTHORIZE THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE PURCHASE AGREEMENT TO EXTEND THE CLOSING DATE TO NOVEMBER 301 2005 AND THE DATE THAT CONSTRUCTION ON THE SITE MUST COMMENCE TO SEPTEMBER 9, 2006. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Consideration of a request for snow removal from public sidewalk on Chelsea Road from Sandberg Road to TH 25. It was noted that Ron Chihos, General Rental had requested snow removal from the sidewalk area John Simola will be preparing a proposal that will be considered at the next Council meeting. %I Council Minutes: 11/14/05 14. Consideration of authorizing to advertise for the Street Superintendent position from within existing staff of employees. This matter had been discussed by the Personnel Committee. BRIAN STUMPF MOVED TO AUTHORIZE CITY STAFF TO ADVERTISE FOR THE POSITION OF STREET SUPERINTENDENT WITHIN THE EXISTING CITY WORKFORCE. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 15. Consideration of a request for a conditional use permit for a detached accessory structure in an R-4 residential district. Applicant: Kjellberg's Inc. City staff did not receive any additional information on this item. BRIAN STUMPF MOVED TO DENY THE REQUEST FOR A CONDITIONAL USE PERMIT FOR A DETACHED ACCESSORY STRUCTURE IN AN R-4 RESIDENTIAL DISTRICT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 16. Consideration of approval of final plat - Carlisle Village Third Addition At the last Council meeting, the Council tabled action on the final plat for this 9 lot development because of problems relating to erosion control elsewhere in the development. The developer was notified of the problems and while some items were corrected some remain unresolved. Jeff O'Neill said the staff has prepared a process for enforcing erosion control procedures. He added that this area has heavy clay soils and the heavy rains the area experienced compounded the erosion problems . The erosion problems are both builder related and developer related. Glen Posusta suggested that if the City has to spend extra time enforcing the erosion control measures, this time and expense should be calculated in the reconciliation of the developer's deposits. Jeff O'Neill said the new policy does include a re- inspection fee. He stated that even if the Council approves the plat, the City would not let construction occur this late in the year as a many contractors will not warranty work put in late in the year. Wayne Mayer asked what the ramifications were for the City if the contractor does not warrant the work. GLEN POSUTA MOVED TO APPROVE THE CARLISLE VILLAGE 3"DADDITION FINAL PLAT SUBJECT TO THE CONDITIONS FOR BUILDING PERMIT, EROSION CONTROL AND STREET AND CURB REPAIR AS NOTED IN THE STAFF REPORT AND TO APPROVE THE DEVELOPMENT AGREEMENT FOR CARLISLE VILLAGE 3RDADDITION. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Staff will make sure that no building permits are issued until the erosion problems are rectified.. E'9 Council Minutes: 11/14/05 17. Consideration of approving final plat and development agreement - Emerald Heights. Jeff O'Neill provided background information on the 26 unit townhome development. As part of the development of this site, the developer will be taking down the trees on the site and removing 90,000+ yards of compacted soil. The lowering and reshaping of the hill will have a dramatic effect on this site. There are several other issues that also need to be addressed including the landscaping plan, the retaining walls and Fenning Avenue. It was noted park dedication funds generated from this plat will be used to construct pathways in the Water Tower Park. The practice has been to have the developer fund the cost of upgrading/reconstructing roads as development takes place. It is proposed that Emerald Heights share of the cost to upgrade Fenning Avenue would be approximately $41,211. The developer is requesting that this amount be assessed against the existing lots at the time the road is actually reconstructed. The City prefers not to assess the individual homeowners as there is a greater likelihood of the assessment being challenged. Brian Stumpf stated that the names on the site plan do not conform with the County's grid system. He cited the similarity between Stoneledge Court in the Emerald Heights plat and Stoneridge in another development which is why he felt the County's grid system needed to be followed. Jon Bogart stated that the private streets will be renamed 156th Street and 157' Street which complies with the County's grid system and has been approved by Gary Anderson the building official. Jon Bogart also addressed the amount of fill material being removed stating that the 90,000 cubic yard figure was for compacted soil on site. When the material is removed and loaded onto trucks it is no longer compacted so the figure for the hauled material was higher. Jon Bogart stated they had met with staff on Wednesday and were trying to incorporate the changes that were recommended. The developer is agreeable to installing two turn lanes or whatever the City determines is required. Skip Sorenson discussed the retaining wall and landscaping plan and presented a drawing showing what the finished site will look like when it is landscaped. The developer is trying to cover at least 30% of the retaining wall with landscaping. In addition the developer is putting approximately $4,000 a lot for landscaping on the individual lot plus another $3,500 per lot for irrigation. The developer is also covering the cost of landscaping for the outlots and common area estimated at $89,000. He noted that it would take approximately three years for the landscaping to mature. The developer is also placing a colored chain link fence on the retaining wall in the back yards of the homeowner as a safety feature. JME and Fyle's Excavating will be doing the work on the retaining walls. Glen Posusta felt the landscaping was going to be an important aspect to this development noting that the public perception will likely be unfavorable to the drastic change to the site unless they can see that the landscaping modifies the change. For that reason he recommended increasing the size and number of trees on the site. 6 Council Minutes: 11/14/05 Brian Stumpf said he had talked to Dick Frie, Planning Commission Chair and Mr. Frie felt this was a significant change from what was presented to the Planning Commission and felt this should have come back before the Planning Commission. Glen Posusta asked where the elevation of the entrance on Fenning Avenue will be in relation to Fenning Avenue. Bret Weiss indicated it would be about a 10% slope from Fenning Avenue up the driveway. Glen Posusta felt that this was a good project and with a good landscaping plan he didn't feel the public would have a problem with it. Brian Stumpf felt in addition to good landscaping plan be required, the City should also require the developer to pay the reconstruction fee for Fenning Avenue. Clint Herbst stated that this is a redevelopment project and in most other redevelopment projects the City has offered TIF or other assistance. He didn't feel the City should assess for a project unless the work was done. Since Fenning Avenue is the only access for this development, unlike the Hillcrest and Spirit Hills developments which have alternate accesses, the development directly benefits from any improvement to the road and for that reason the developer should pick up that cost. Glen Posusta asked about the taxable value of the project. Skip Sorenson indictaed that the taxable value would be about $12,000,000. The individual units would sell between $300,000 and $450,000 and the floor plans for the units can be customized. Brian Stumpf asked about the second entrance to Fenning Avenue. He felt the second entrance created a safety issue. Bret Weiss said the second entrance was located where it was because of traffic safety. A right turn lane was planned for the second driveway so that vehicles turning into the entrance would be out of the way of vehicles coming over the hill. The location of the retaining walls were reviewed. In working with the developer's engineer, the retaining wall, except for one, have been relocated outside the easement area. The one retaining wall is in an easement area where no utilities are located.. Wayne Mayer asked is there was anything in the design that would impede fiber optic installation. Wayne Mayer asked that it be pointed out where the pathway connection would be to the Water Tower Park. The pathway would be along the side of the south cul-de-sac road. Wayne Mayer asked how the pathway would line up with elevation as far as the Water Tower Park. Jon Bogart said he met with Parks Superintendent, Adam Hawkinson to layout a pathway. Jon Bogart said the intent is to make the trail access to the park handicap accessible. Glen Posusta felt even with the change to the Monte Club Hill the Water Tower Park would still provide a good viewing area. GLEN POSUSTA MOVED TO APPROVE THE FINAL PLAT AND ASSOCIATED FINANCE PLAN FOR THE EMERALD HEIGHTS DEVELOPMENT AND TO AUTHORIZE PLACEMENT OF SIGNATURES ON THE PLAT SUBJECT TO THE COMPLETION OF ITEMS IDENTIFIED IN EXHIBIT Z. 10 Council Minutes: 11/14/05 Brian Stumpf asked that Glen Posusta amend his motion to add that the streets in the development are named according to the County's grid system. GLEN POSUSTA AMENDED HIS MOTION TO ADD THAT THE STREET NAMES IN THE EMERALD HEIGHTS DEVELOPMENT CONFORM TO THE COUNTY'S GRID SYSTEM. MOTION DIED FOR A LACK OF SECOND. WAYNE MAYER MOVED TO TABLE ACTION ON THE FINAL PLAT OF EMERALD HEIGHTS UNTIL THE ITEMS LISTED ON EXHIBIT Z WERE COMPLETED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH CLINT HERBST VOTING IN OPPOSITION. 18. Consideration to install all -way stop signs at the intersection of School Boulevard and Cedar Street. BRIAN STUMPF MOVED TO AUTHORIZE CITY CREWS TO INSTALL ALL -WAY STOP SIGNS AT SCHOOL BOULEVARD AND CEDAR STREET INCLUDING ADVANCED STOP AHEAD SIGNS. GLEN POSUSTA SECONDED THE MOTION. Brian Stumpf stated he felt the four way stop was a good idea at this point as traffic doesn't warrant a signal. Bret Weiss said they would like to talk further with MnDOT but at some point MnDOT will require that signal. The traffic signal does allow the traffic to move through the intersection more smoothly. Tom Perrault asked about the time frame for construction of a signal and was told it was 4-6 months. John Simola asked that Brian Stumpf amend his motion to add placement of "Traffic Change Ahead" signs. BRIAN STUMPF AMENDED HIS MOTION TO ADD THAT THE CITY PLACE TRAFFIC CHANGE AHEAD SIGNS. GLEN POSUSTA SECONDED THE AMENDED MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION BECAUSE HE FELT THE CITY SHOULD BE GOING WITH A SIGNAL AT THIS INTERSECTION. Added Items: Snowplowing: The Council had received a letter from JME regarding snow plowing service. They provide backup service to the City. They would like the City to consider expanding that service. Brian Stumpf suggested that the City look at using JME in some of the area such as cul-de-sacs in residential developments. Clint Herbst felt with the continued growth of the City and the need to purchase additional equipment this an option the City could look at further. Crosswalk on TH 25:The Council received a letter requesting a crosswalk be installed on TH 25 somewhere between 7th Street and Broadway. The existing crosswalk is located by Hillside Cemetery. Bret Weiss stated he would check further but indicated that MnDOT does not favor putting in another crosswalk. Wayne Mayer felt the traffic is backed up enough on TH 25 and he didn't think a crosswalk would help the situation. 11 Council Minutes: 11/14/05 City Engineer: Glen Posusta noted that on the bill from the consulting engineer there were a number of smaller items that he felt could be handled by the city engineer. He was concerned that even though the City has added an engineer to staff it hasn't reduced the amount of fees paid to the consulting engineer. The Council requested that the staff update the Council on what projects the City Engineer is working on. Ordinance Parking of vehicles in residential districts: Glen Posusta noted that the ordinance was discussed by the Council some time ago and he wanted to know where the City Attorney was on the ordinance. Tome Scott stated that the current document was discussed with staff and the idea was to expand the portion dealing with recreational vehicles. The plan is to come up with additional language and then bring it back to the Planning Commission and City council. Glen Posusta suggested that instead of expanding the definitions of the ordinance they look at allowing race cars as long as they are stored in an enclosed trailer. He also questioned why it was necessary to bring the ordinance back to the Planning Commission. Tom Scott stated that he was under the understanding that the Council wanted them to look at the ordinance covering recreational vehicles besides race cars. Brian Stumpf felt that language relating to enclosed trailers might create problems since some of the enclosed trailers could run up to forty feet and residents could complain that they are unsightly. Glen Posusta asked if the Council could vote on the ordinance amendment as it stands now. Tom Scott said since the public hearing has been conducted, the Council could vote on the ordinance. GLEN POSUSTA MOVED TO APPROVE THE ORDINANCE AMENDING RELATING TO PARKING OF VEHICLES IN RESIDENTIAL DISTRICT AMENDING CHAPTERS 2,3 AND 6 OF THE MONTICELLO ZONING ORDINANCE. CLINT HERBST SECONDED THE MOTION. Brian Stumpf said that since there were a number of people who had spoken on this ordinance he didn't feel it was fair to vote on it without giving them a chance to speak. Glen Posusta stated that they have had sufficient opportunity to speak to the ordinance. Wayne Mayer said there is a lot of confusion as to what is and is not going to be allowed as outside storage. He too felt the residents should have another opportunity to respond. Brian Stumpf was also concerned about the vagueness of the ordinance language. UPON VOTE BEING TAKEN THE MOTION FAILED. Staff was directed to have ordinance amendment on the next agenda. Front Street Riverbank Erosion Problem: Bruce Westby had updated the Council on the action taken on the problem thus far. The property owner had received a copy of the cost estimate and plans and was reviewing them with her attorney. The Council indicated that they were a little dismayed that the property owner had not talked to them directly about the problem. It was noted that the property owner was seeking assistance from the Wright County Soils & Water Conservation District to resolve the problem. City Administrator Review: Clint Herbst suggested that the Council set a special meeting for 6 p.m. on 12 Council Minutes: 11/14/05 November 28, 2005 to conduct the performance review for the City Administrator. 19. Consideration of approving bills for November. Wayne Mayer asked if staff could provide a list of all the maintenance agreements the City has for various equipment. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF BILLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 20. Consideration of counteroffer on AVR relocation (Closed meeting with City Attorney discuss pending litigation relating to AVR condemnation) The Council went into closed session at this time to discuss pending litigation relating to the AVR condemnation. 21. Adjourn Upon ending the closed session at 10:45 p.m. the Council meeting was adjourned. Recording Secretary 13