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City Council Minutes 08-13-2007 Council Minutes: 8/13/07 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday August 13, 2007 - 7 p.m. Mayor: Clint Herbst Council Members: Wayne Mayer, Tom Perrault, Brian Sttnnpf and Susie Wojchouski 1. Call to Order and Pledl!:e of Allel!iance Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2. Approve minutes of Julv 23. 2007 Rel!:ular Council Meetinl!:. Tom Perrault noted that on item #5E Conditional Use Permit for General Rental, he had seconded the motion and the motion carried unanimously. He also added that he had brought up the stop sign placement at School Boulevard and Fallon Avenue. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE JULY 23, 2007 REGULAR MEETING WITH THE CORRECTIONS NOTED. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of addinl!: items to the al!:enda. The following items were added to the agenda: 1) Group homes; 2) Riverside Cemetery; 3) Scheduling a workshop of the HRA and EDA; 4) Resignation of Park Superintendent and 5) Audio System. 4. Citizen comments. petitions. requests and concerns. Kenneth Minder asked to speak on item #51 when that came up on the agenda. 5. Consent Al!:enda: A. Consideration of ratifying hires and departures MCC and DMV. Recommendation: Ratify the hires and departures as identified. 1 B. Consideration of approving temporary charitable gambling license for Church of St. Henry's for September 15-16, 2007. Recommendation: Adopt Resolution 2007-61 authorizing the State Gambling Control Board to issue a temporary charitable gambling license to St. Henry's Catholic Church to conduct charitable gambling activities at their fall festival on September 15-16, 2007. C. Consideration of approval of temporary liquor license for Church of St. Henry's for September 15-16,2007. Recommendation: Approve a temporary 3/2 beer license for St. Henry's Catholic Church for September 15-16, 2007. Council Minutes: 8/13/07 D. Consideration of approving a temporary charitable gambling license for Wright County Ducks Unlimited for September 10, 2007. Recommendation: Adopt Resolution 2007-62 authorizing the State Gambling Control Board to issue a temporary charitable gambling license to Wright County Ducks Unlimited to conduct charitable gambling activities at Jala Peno's at 530 Cedar Street on September 10, 2007. E. Consideration of appointment of election judges to serve at the special election of September 18, 2007. Recommendation: Appoint the following to serve as election judges at the September 18,2007 Special Election: Gladys Bitzer, Joan Bondhus, Ron Broekemeier, Janet Bromberg, David Carlson, Edith Custer, Rosemary Dahl, Kristi DeMarais, Agnes DeMarais, Jamie Fisher, Richard Doucette, Lynnea Gillham, Kaye Gauthier, Harvey Kendall, Jan Irvine, Arlene McIntire, Florence Mayer, Merrijo Nesland, Judy Moody, Richard Quick, Randy Smith, Darlene Solberg, Rita Soltau, Patricia Sonju- Thielman, Opal Stokes, Sandy Suchy, Jeanette Smith, Diane Wefel, Lorraine Wolff, Gregory Ashfeld. F. Consideration of approving contract for Pay Equity and Comparable Worth study to Sherrie Le. Recommendation: Approve contract with Sherrie Le for contract work covering compensation and personnel policy in the amount of $18,500 to $19,925. G. REMOVED FROM AGENDA H. Consideration of calling a special meeting for August 22,2007 at 5:30 to discuss preliminary 2008 budget. - Verbal Report. Recommendation: Set a preliminary budget workshop for August 22, 2007 at 5:30. 1. Consideration of amendment to Monticello-Big Lake Hospital POD by shifting pathway connection. Recommendation: Approve the revised preliminary and final plat and the revised development stage planned unit development for the Monticello-Big Lake Hospital, including all previously approved conditions of May 29,2007, based on a finding that the revisions are consistent with the intent of the original approvals. J. Consideration of approving cost of materials for pathway along pond in Meadow Oakes/Briar Oakes development. Recommendation: Authorize the Public Works Department to remove and replace the pathway along the pond in the Briar Oakes development at an anticipated cost of $9,000 with funds coming from the Pathway Maintenance Fund. 2 K. Consideration of authorizing the final phase for replacement of exterior doors for the Monticello Community Center. Recommendation: Authorize the purchase of five pairs of doors from Structural Glass Products for a cost of$16,295. 1. Consideration of installation of street lighting for Chelsea Road East, City Project No. 2006-31 C. Recommendation: Authorize moving forward with the lighting project for Chelsea Road East and award a contract for the lights to Wright Hennepin Response in the amount of$141,8l6. Council Minutes: 8/13/07 TOM PERRAULT MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #5B, #5D, #5H, #51 AND #5L. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent al!enda for discussion. #5 B Charitable Gambling License - Church of St. Henry's and #5D Charitable Gambling License for Wright County Ducks Unlimited: Wayne Mayer requested that any application for a temporary charitable gambling license be accompanied by a lawful purpose expenditure report. He said in checking with the State Gambling Control Board he found many communities collect some revenue from the charitable gambling licenses. While he was not proposing that the City do that, he did feel it was a reasonable request to have the lawful purpose expenditure report submitted with the application as it gives the City an idea of where the funds are going. The Council concurred that this was a feasible idea and agreed with having the lawful purpose expenditure report submitted with all charitable gambling requests. WAYNE MAYER MOVED TO APPROVE THE TEMPORARY CHARITABLE GAMBLING LICENSE FOR ST. HENRY'S CATHOLIC CHURCH FOR SEPTEMBER 15-16,2007 AND TO APPROVE THE TEMPORARY CHARITABLE GAMBLING LICENSE FOR WRIGHT COUNTY DUCKS UNLIMITED FOR SPETEMBER 10,2007. AND DIRECT STAFF THAT ANY REQUEST FOR A CHARITABLE GAMBLING LICENSE BE ACCOMPANIED BY A LAWFUL PURPOSE EXPENDITURE REPORT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Susie Wojchouski wanted clarification on whether the City was asking that the funds be spent within the City limits. Wayne Mayer indicated that he was only asking for the lawful purpose expenditure form to be submitted with the application. #5/: Calling a special meetingfor preliminary 2008 budget: Brian Stumpf asked that the proposed date of August 22,2007 be changed to Monday August 20,2007. It was pointed out that the original date was selected because Mark Ruff, the City's financial consultant would be able to attend. BRIAN STUMPF MOVED TO SET A SPECIAL MEETING OF THE COUNCIL FOR AUGUST 20,2007 AT 5 P.M. TO REVIEW THE 2008 PRELIMINARY BUDGET. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5/ Site Plan changes to the Monticello-Big Lake Hospital Planned Unit Development and Preliminary plat. Tom Perrault had a question on the location of the pathway. He felt the connection should run along Washington Street. Clint Herbst said because of the grade of the pathway it would be highly unlikely that the pathway would go along Washington. If there was ever a pathway along Washington Street it would not be handicapped accessible. Ken Minder, 812 River Street, is directly adjacent to the parking lot of the Monticello-Big Lake Hospital. He has a number of concerns about the project. One is the drop off in elevation between the two properties and another is the evergreen trees to screen the parking lot from the residences. He didn't realize the scope of the hospital project and how it would impact him. The hospital has 24 hour traffic which is disruptive. 3 Council Minutes: 8/13/07 Clint Herbst asked about the fence along the area where the retaining wall is going. He was of the understanding that if the retaining wall is greater than 4' a fence is required. The fence would keep people away from the dropoff area. Bruce Westby felt a fence along that portion of the retaining wall adjacent to the property would be appropriate. It was noted the maximum height of the retaining wall is 4.75. Clint Herbst asked if a 4' retaining wall is the maximum why was this one 4.75. Bruce Westby explained that anything over 4' would have to be an engineered wall. If it is over 4' it would also need a railing. The property owner asked what was meant by a railing. Clint Herbst explained it would be like the fence at Hillside Cemetery. Lynn Olson, speaking for the Monticello Big Lake Hospital indicated the hospital has no problem with making corrections to the wall. The property owner was also concerned about light pollution and that the lighting from the hospital would spill over into the residential area. Wayne Mayer asked how the property owner was getting information on the project. He said he had to contact the City to find out what was going on there. Lynn Olson was asked if the light in the parking lot could have a timer so that it could be turned off after 10:30. Mr. Olson indicated that he would check into that. The Council felt these issues could be worked out between the hospital and property owner. BRIAN STUMPF MOVED TO RECOMMEND APPROVAL OF THE REVISED PRELIMINARY AND FINAL PLAT AND THE REVISED DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT OF THE MONTICELLO-BIG LAKE HOSPITAL WITH THE CONCERNS NOTED BY THE ADJACENT PROPERTY OWNER BEING INCORPORATED AND INCLUDING ALL PREVIOUSLY APPROVED CONDITIONS OF MAY 29, 2007 BASED ON A FINDING THAT THE REVISIONS ARE CONSISTENT WITH THE INTENT OF THE ORIGINAL APPROVALS. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. #5L Street Lighting for Chelsea Road East: Clint Herbst pulled this item because of concern that they don't know how the development will be laid out on the north side. He suggested putting the line in and installing lights after development takes place. John Simola stated the lights would be 3' behind the curb. If the City deletes things such as lights and hydrants now, it would just add to the cost of the project later. Clint Herbst asked Charlie Pfeffer ifhe had any idea as to spacing needs for the lights. Charlie Pfeffer had met with John Simola and Bruce Westby to discuss the street lighting. On the south side of Chelsea Road they need to make sure there is no conflict with the turn lanes. He felt lights #10, 12, 16 & 18 on the north side maybe could be deferred but he acquiesces to the staff position that the lights go in now because the cost to relocate is nominal. Clint Herbst asked about lighting for the pathway. John Simola suggested increasing the wire size at this time so that pedestrian lighting can be added in the future. The change in wire size could be done as a change order to the project. John Simola will try to bring the cost information for increasing the wire size back at the next meeting. John Simola felt the lights could be in place by late October. Susie Wojchouski asked about funding for this project. Franchise fees and assessments will be used. John Simola stated the cost of the project will be included in the 2008 bond sale. The assessment for the project will be done some time in November. The street lights will be assessed only to the Monticello Industrial Park property and not against the other properties along Chelsea 4 Council Minutes: 8/13/07 Road. WAYNE MAYER MOVED THAT THE CITY COUNCIL MOVE FORWARD WITH THE LIGHTING PROJECT FOR CHELSEA ROAD EAST AND AWARD A CONTRACT FOR THE LIGHTS TO WRIGHT HENNEPIN RESPONSE IN THE AMOUNT OF $141,816 AND TO HAVE JOHN SIMOLA CHECK INTO THE COST OF INCREASING THE WIRE SIZE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLL Y. 7. Public Rearm!! - Consideration of vacation of Fallon Avenue south of Chelsea Road. The vacation oftbis right of way was discussed as part of the Chelsea Road Project. Bret Weiss showed a sketch of the area proposed to be vacated and reviewed the proposed right of way exchange with WSI Industries. Bret Weiss recommended that the Council conduct the public hearing and then table action on the vacation. The reason for tabling the action was that the City Attorney wanted to do some research to determine that no other property owner had an interest in the right-of-way being vacated. Mayor Herbst opened the public hearing. There was no one present who spoke for or against the proposed vacation. Mayor Herbst closed the public hearing. BRIAN STUMPF MOVED TO TABLE ACTION ON THE VACATION OF THE FALLON AVENUE RIGHT-OF-WAY. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Public Rearm!! on 6th Street Pedestrian Facility Improvements. City Proiect No. 2006-28C. City Engineer, Bruce Westby reviewed some of the items the Council noted at the previous meeting on this item. There were two items the Council had asked staff to research: I) the grade on the west side of the property between Vine and Elm and 2) the assessment for the improvement. They also looked at whether to go with retaining walls or a graded slope. Bruce Westby showed sketches of the sites with a retaining wall and with the graded slope. Since one resident who had children expressed concern about the safety of a retaining wall, it was suggested that in that situation the slope be graded. Grading the slope would require moving the shrubs further back. There was some discussion on changing the width of the sidewalk to 5' instead of6'. The City has been using a 6' width because the equipment is set up for that width. In this case, Bruce Westby said regardless of the size of the sidewalk, the shrubs would have to be relocated. Another question was where the mailboxes would be located and Bruce Westby indicated they would have to go to the other side of the street. On sites where the grade was not as severe it was proposed to merely slope the grade. Brian Stumpf felt whether the City puts in a retaining wall or slopes the grade, the City should do whatever has the least impact to the property owner. 5 Susie Wojchouski asked why the sidewalk didn't go across Minnesota Street and down 5 Y, Street. Clint Herbst said they are putting the sidewalk where the people are. Brian Stumpf said he had thought about having the sidewalk on Minnesota Street. However, when Ruffs property develops there will be a lot offoot traffic from that area. Susie Wojchouski asked how many residents would be paying for the $158,000 project. There are II properties that Council Minutes: 8/13/07 abut the proposed sidewalk. If the I I proJerties share the 25% cost it would come to approximately $3,500 per parcel. The CoUncil had talked about extending the sidewalk benefit area for the assessment. Mayor Herbst opened the public hearing. Benjamin Miller/Jessica Hanson 707 West 6th Street registered concerns about the cost of the project, loss of their yard, loss of privacy and increased foot traffic in the area. She noted that only one person in the area was in favor of the project. She didn't feel that the project would benefit them. She questioned if the regrading would require them to relocate their sprinkler system. She also questioned whether the City had studied the cost difference between putting the pathway on Minnesota Street or 6th Street. She felt more study needed to be done. Gary Anderson was asked about permits for sprinkler systems and whether sprinkler systems were allowed to be placed in the right-of-way. Gary Anderson said as the ordinance is written it does allow them to be placed in the right-of-way. The ordinance is proposed to be amended to require a permit in order to place a sprinkler system in the right of way. John Simola noted if the sprinkler is in the right of way the city does not have to relocate it but if the city goes on private property to reslope it the city would be responsible for relocating the sprinkler system. Don Doran, 515 Maple Street stated when the sidewalk was put in 1991 on the north side of 6th Street an effort was made not to sacrifice any trees in the course of the project. Nonetheless the trees died off because of the sidewalk being there. He cautioned them that what was good in the short term was not necessarily good in the long term. He was concerned that the snow removal program could damage the boulevard trees. Clint Herbst asked if this segment of sidewalk was going on the grid system and whether it would be maintained by the City. John Simola indicated it was. Ron Peters, 503 West 6th Street wanted to verify that those who already had sidewalk would not be included in the assessment for this project. Clint Herbst said what may not look like a good improvement today may be an amenity in the future. In looking at the area the staff felt tree loss due to the project would be minimal. John Simola said the City would like to keep a minimum of a 5' boulevard for snow removal reasons. 6 Mayor Herbst closed the public hearing. Wayne Mayer questioned the cost of the project and how the assessment should be split. He asked what property area the assessment would cover and whether this information would come back to the Council. Bruce Westby will look for any additional means to trim costs from the project. Clint Herbst asked if the Public Works Staff could construct the retaining walls. Bret Weiss noted that if the City increases the scope of the area then they may have to conduct another public hearing covering the inclusion of those properties. The time frame for this project is to have construction done in 2008. SUSIE WOJCHOUSKI MOVED TO TABLE THIS PROJECT TO RESEARCH THE ASSESSMENT ISSUE AND BRING IT BACK TO THE COUNCIL. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANlMOUSL Y. Council Minutes: 8/13/07 , 9. Consideration of pension increase for Firefililiters Relief Association. The Volunteer Firefighters Relief Association was asking the Council to consider an increase in their pension benefits. Brian Stumpf stated that as a vested member of the relief association he would be abstaining from voting on this item. Brad Fyle, 501 3rd Street, secretary for the Firefighters Relief Association spoke regarding the pension increase. He reported that Firefighters Relief Association is getting closer to the point where the relief association will have 110% of assets compared to liabilities and then will be able to set a pension level without getting approval from the Council. However, they are not at that point yet and therefore are requesting council approval for an increase in the pension benefit. The assets of the relief association are comprised primarily of state aids and investment income. Bret Weiss noted that state funding comes from 2% of each person's insurance premium going into a fund which the state then distributes. Wayne Mayer asked which of the three figures presented $3,900, $3,925 or $3,950 would be better as far as bringing the relief association closer to the point where assets exceed liability. Wayne Mayer did not want a pension increase to hinder or extend the time frame wherein the relief association would be able to set their own pension amount. Wayne Mayer said he would like to see a little more information on how any increase affects the time frame for the association being able to set their own pension. WAYNE MAYER MOVED TO GRANT A PENSION INCREASE TO $3,950 PER YEAR OF SERVICE FOR THE FIREFIGHTER RELIEF ASSOCIATION. CLINT HERBST SECONDED THE MOTION. In further discussion, Tom Perrault stated he would not be voting for a pension increase as he would like the relief association to be self-sustaining. He wants the relief association to be where they can manage their own pension system. Susie Wojchouski concurred with that. Wayne Mayer asked if next year the relief association could provide information on what the impact of each of the figures requested would have. Clint Herbst said the goal is to have the Finance Director sit down with firefighters relief association and look at this in detail. UPON VOTE BEING TAKEN, MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION AND BRIAN STUMPF ABSTAINING. 10. Department Report - Steve Joerl!. Fire Chief. Fire Chief Steve Joerg reported on fire department activity for the last quarter and activity since the last report. 72 calls were received last quarter with 45 of the calls being within the city limits. There have been 50 calls since July 1 st. The Fire Department has gotten their new air packs and has been training with them. They have also purchased a smoke machine. The Fire Department has established a building committee and an engine committee. An open house is scheduled for September 29th. John Simola stated that the City has been watering the trees they have planted. The Fire Department is supplying a man to assist with this and John Simola expressed his appreciation for that. 7 Council Minutes: 8/13/07 Wayne Mayer asked if they get called by the County for storm watching. Steve Joerg indicated they do and they go to predetermined spots to watch. 11. Review of Public Works Needs and Facilitv Studv. City Proiect No. 2006-14C and consideration of schedulinl! special workshop meetinl!. John Simola reported that staff and Council representative Tom Perrault had worked with the architectural firm ofKodet Architectural Group to prepare the Public Works Needs and Facility Study. The study covers the needs of the Public Works department for the next 10 years, 20 years and 40 years. At the present time the Public Works has 10 acres of land that is used and the plan recommends between 20-30 buildable acres. Ed Kodet and Mike Schellin from the firm gave a presentation outlining the existing site and building and the proposals for the future. In preparing the report the committee had toured other public works facilities and he compared those facilities with Monticello's. One of the key areas of a public works building is the vehicle storage area and the maintenance area. It was felt by the task force that all equipment should be stored inside. The report indicated that the City would need approximately a 20-30 acre buildable site, preferable square or rectangular in shape. He provided costs for three different levels: Level I was $11,700, 000; Level 2 was between $13,360,000 Level 3 was $14,968,000. The group has looked at sites trying to find one that would be centrally located and fairly level but have not found any satisfactory sites. Ed Kodet noted that vehicle storage area is the easiest area to expand. The Council directed staff to submit several possible dates for scheduling a workshop. WAYNE MAYER MOVED TO ACCEPT THE PUBLIC WORKS NEED STUDY SUBMITTED BY KODET ARCHITECTURAL GROUP AND TO SCHEDULE A WORKSHOP WITHIN THE NEXT TWO TO FOUR WEEKS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Consideration of acceptinl! feasibility report for constructinl! an off-road pathwav alonl! Fallon A venue to School Boulevard. Bruce Westby stated that the feasibility report was authorized at the last meeting. This pathway was requested by residents in the Klein Farms development. The pathway alignment that was chosen runs west along Fallon Avenue. This pathway would not be affected by a future reconstruction of Fallon Avenue. They also look at alternative segments which included two existing trail easements that run through Pioneer Park. The cost estimates in the report are for full construction, contingencies and indirect fees. Cost is estimated at $114,000 for the segment outlined in Figure A-I. This pathway would extend from Farmstead on the south to School Boulevard. Staff was asking Council to accept the feasibility report and authorize preparation of plans and specifications for the primary alignment. 8 Brian Stumpf asked about the availability of grants. The Safe Route to School was one possibility but their grant cycle didn't coincide with the timing of the project as it is proposed to have this pathway constructed this year. Council Minutes: 8/13/07 Robert Sauer, 4963 Park Drive stated his back yard abuts the pathway west of Fallon. He has concerns about the safety of the children using the pathway. He noted there is a lot of fast moving traffic on Fallon Avenue. There is less visibility on this route which is also hazardous. He suggested going on Fannstead up to School Boulevard. He didn't think the distance going along Fannstead rather than Fallon was that great. Jeff O'Neill stated that the Fallon A venue area was identified a long time ago and that money should be available in the pathway fund for this project. The people have already paid pathway fees to have a trail in this area. BRIAN STUMPF MOVED TO ACCEPT THE FEASIBILITY STUDY FOR CITY PROJECT NO, 2007-12C AND TO AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE FALLON AVENUE PATHWAY IMPROVEMENTS AS SHOWN IN FEASIBILITY REPORT FIGURE A. I. Wayne Mayer asked about the east/west segments. Bruce Westby said that the recommendation at this time is to just do the north/south segment. Brian Stumpf indicated his motion was for the A-I segment only. WAYNE MAYER SECONDED THE MOTION. Tom Perrault thought he would like to see the pathway through Pioneer Park (A-3) be bid as an alternate. Bret Weis said as you get up into the park area that pathway would be gone if Fallon A venue was reconstructed. The Council expressed concern about this statement since at the previous meeting the Council was told that the pathway would not be affected by the reconstruction of Fallon Avenue. Bruce Westby stated that approximately 500 feet would have to be removed Brian Stumpf withdrew his motion. Clint Herbst asked the time frame for putting in the sewer line. If it is 10 years or more before the sewer line goes in he felt the City would get its money worth out of the pathway. Brett Weiss indicated the life ofa pathway is about 15 years. Bruce Westby noted that including segment A-3 would add approximately $24,000 to the project costs. WAYNE MAYER MOVED TO ACCEPT THE FEASIBLlTY STUDY FOR CITY PROJECT NO. 2007-12C AND TO AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE FALLON AVENUE P A THW A Y IMPROVEMENTS AS SHOWN IN FEASIBILITY REPORT FIGURE-I Tom Perrault suggested including the East/West segment on A-3 being bid as an alternate and also bidding that portion of A-I north of Pioneer Park as an alternate. CLINT HERBST SECONDED THE MOTION AS ORIGINALLY MADE. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. 13. Consideration of recommendation on placement of four-wav stop at School Boulevard and Fallon Avenue. Bruce Westby stated that they had received a petition from 171 residents in the Klein Fanns/Cardinal Hills area requesting placement of a four way stop at the intersection of Fallon 9 Council Minutes: 8/13/07 Avenue and School Boulevard. Little Mountain Elementary School also requested the four way stop. It was noted that during the construction of the CSAH 18/1-94 interchange this intersection was temporarily a four way stop. Bruce Westby reported that the intersection does meet the warrants for a four way stop. It was noted that a crossing guard will be placed at the four way stop during school hours. Wayne Mayer asked about the four way stop at Edmonson and School Boulevard and whether it met warrants. Clint Herbst asked when the four way stop would be placed at Taco's Johns intersection and was informed that it has been installed. Roger Odell, 4788 Diamond Drive, stated that it is almost impossible to walk the streets it is so dangerous. He believes the safety of the children is worth the cost of the pathway construction. Joe Dockendorf from Little Mountain Elementary School clarified the crossing guards at the four way stop would be students but they would be supervised by adults. SUSIE WOJCHOUSKI MOVED TO DIRECT STAFF TO REVISE THE INTERSECTION CONTROL SIGNING AT SCHOOL BOULEVARD AND F ALLON AVENUE TO AN ALL-WAY STOP WITHIN FIVE WORKING DAYS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 14. Consideration of report on number of double drivewavs in Core Street Proiect Area and recommendation on assessment policv for double drivewavs and authorize adiustments to previouslv assessed double drivewavs if a chanl!:e in policv is made. For the 2007 Street Reconstruction Project the Council modified the assessment policy changing the policy so that existing homes having multiple driveways would be assessed a single assessment. Previously the Council directed staff to look at the particular properties that had been assessed for a double driveway on the previous reconstruction projects. Bret Weiss reported that in 2003 all the multiple assessment were for duplexes; in 2004 there were no assessments for a dual driveways, in 2005 there five properties that were assessed; in 2006 none; and in 2007 there are five properties that would be affected. Items for consideration 1) How would the Council like to address the rental houses; 2) Should the width for the second driveway be restricted; 3) Should the city require a paved or non-erosive surface for the second driveway. Clint Herbst felt in 2005 the property at 900 river Street West should be assessed for two driveways. The rest of the assessments for multiple driveways should be withdrawn. Clint Herbst stated the City had received a letter from Daryl Tindle regarding his driveway. Bret Weis responded that the outlot was a non-buildable lot and was not proposed to be assessed but there was a driveway on the other side. The second driveway could be limited to 14' or something less than the 24' standard. Brian Stumpffelt that the City was dealing with a small number of multiple driveways, he didn't feel the need to require that the second driveway be paved. There was discussion on whether the restoration cost for a 2nd driveway should be assessed. Dan Kellas, 1803 West River Street has an U-shaped driveway which he believes from previous discussion would be grandfathered in but he did want verification that he would not be assessed for the second driveway unless it was rental property like a duplex. 10 Council Minutes: 8/13/07 Bret Weiss said the City is not allowing any 2nd driveways to be constructed but this would be the policy for existing structures with a second driveway. TOM PERRAULT MOVED FOR RESIDENCES WITH MORE THAN ONE DRIVEWAY THAT THEY BE ASSESSD FOR ONLY ONE DRIVEWAY; THE SECOND DRIVEWAY WOULD BE RESTRICTED TO A WIDTH OF 14', CITY WILL PAY RESTORATION COSTS FOR ANYTHING UP TO 24', ANYTHING OVER 24' WILL BE ASSESSED TO THE HOMEOWNER; IF THERE ARE TWO DRIVEWAYS FOR RENTAL HOUSING THE SECOND DRIVEWAY WILL BE ASSESSED. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 15. Review of proposal from CBI to reduce liquidated dama2es and repaint water tower at Jefferson Commons. City Proiect No. 2004-30C. John Simola reviewed the contract history for this project. The Council had voted to suspend liquidated damages from final completion until June I, 2007 and ifthe tower was not in operation by March 15, 2007 liquidated damages would be retroactive to December I, 2006. The final punch list items were not completed until July 27,2007 which was almost two months after the June 1, 2007 completion date. There was also a question on the logos. The contractor scaled the logo based on a sketch drawing. CBI had not submitted shop drawings for the logo design. The City is retaining $22,000 for the logo work. John Simola and Tim Grinstead from Bonestroo, Rosene & Anderlik recommended not reducing the liquidated damages but reduce the retainage from $22,000 to $18,000. Brian Stumpf asked if the City could ask the contractor to fix the logo. John Simola said they could do it. He added that the $22,000 covers inspection costs as well. The cost to redo the logo according to CBI would be $10,000. Brian Stumpf stated when he made the motion in December it was that liquidated damages were to be collected if the contractor did not meet the specified completion date and he believes the contractor has not met the deadline. There was some discussion on which option the City should take on the liquidated damages. WAYNE MAYER MOVED TO NOT REDUCE THE LIQUIDATED DAMAGES FROM THE $45,500 CLAIMED FOR 2006 BUT TO REDUCE THE RETAINAGE FOR THE LOGOS FROM $22,000 TO $18,000. SUSIE WOJCHOUSKI SECONDED THE MOTION. Brian Stumpf asked what the impact the liquidated damage option the City selects would have if the matter goes into litigation. Sam Edmonds, legal counsel, said it was difficult to give an answer as to whether it would end up in litigation. Wayne Mayer said going with alternative #1 would not preclude the City from going to alternative #2 if it does end up in legal action. UPON VOTE BEING TAKEN, THE MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. 11 Council Minutes: 8/13/07 16. Consideration of waivinl!: deposit for conditional use permit application allowinl!: impound lot. Applicant: Mark Olson/Olson Electric. Angela Schumarm, the Community Development Coordinator, summarized what had taken place regarding the application for a conditional use permit for 19 Sandberg Road. She noted that a conditional use permit had been granted for this site in 1994 but had lapsed due to non-use. A new conditional use permit needs to be established for the site. Any application for a conditional use permit requires a deposit to cover fees related to the review of the application plans. In this case the required deposit is $2,000. Mark Olson, 19 Sandberg Road, spoke explaining the situation with the conditional use permit. He stated that the agenda item makes him out to look like a bad guy. He asked what the $2,000 deposit was for because nothing had changed as far as the plans. His question was not so much to waive the fees but to get an idea of what the costs are for the application review. He expressed his concern about not getting a complete explanation of what the deposit was for. He reiterated that nothing had changed from his plan now than what was in place in 1994 except that some Class V had been hauled in. Jeff O'Neill explained the policy for plan review. The deposit is to protect the City if the project is reviewed by appropriate staff such as plarmer, engineer, etc but the project does not actually develop. Without the deposit the City incurs all the review expense with no assured means of getting reimbursed by the developer. He said the City carmot tell what the charges will be for review until they get a complete set of plans from the applicant. John Simola added that things change over 13 years and what was allowed then, may not be allowed now. Mark Olson countered arguing that when he is asked to give a price on work to be done, the person would not accept a lump sum figure with the statement that I can't give you any better idea of the cost until I do the work. He questioned why the City could not be a little more detailed in their cost estimates. He indicated that because Jerry's Towing is anxious to utilize the space, he would be proceeding with the conditional use permit application. WAYNE MAYER MOVED TO DENY WAIVER OF PLANNING APPLICATION REVIEW DEPOSIT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. The Council by consensus okayed the waiving of the deadline for accepting this conditional use permit application. 17. Consideration of application for pawn shop license at 1219 TH 25. Applicant: Mike Helms The pawn shop located at 1219 TH 25 is in the process of being sold. The new owner submitted an application for a pawn shop license. The City has experienced problems with the pawn shop operation most notably with aps system and their non-compliance to the conditions of a conditional use permit that was issued for outdoor storage and outdoor sales and display. Although the property owner was informed of the items needed to be corrected, the property is still in non-compliance. Under the ordinance regulating pawn shops, a license 12 Council Minutes: 8/13/07 can be denied or suspended if the proposed use does not comply with applicable zoning codes. The Council felt it was important that the terms of the conditional use permit be met and did not feel this was something that should be carried over. BRIAN STUMPF MOVED TO TABLE ACTION ON THE P AWN SHOP LICENSE APPLICATION UNTIL SUCH TIME AS THE SITE IS BROUGHT INTO COMPLIANCE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Items: EDAlHRA Workshop: Economic Development Director, Ollie Koropchak was directed to set up a workshop meeting with the EDA, HRA, Planning Commission and Council relating to the EDAlHRA merger and discussion of downtown redevelopment. Brian Stumpf noted he will be gone the week of August 28th. Group Homes: Tom Perrault stated that he has received a number of questions about group homes. He stated the Planning Commission had addressed this at their meeting and that copies of this information is available at City Hall if anyone is interested. Riverside Cemetery: Tom Perrault complimented Public Works staff on the nice job that was done on the southwest comer of the cemetery. He also commended Seth Nelson on the excellent job he has done as Parks Superintendent. Park Superintendent Position: Clint Herbst stated that since the resignation of Seth Nelson, the Personnel Commission has met and reviewed this position. The Personnel Committee will be moving toward opening this position to internal applicants. The Council will review the internal applicants and the make a determination on whether to appoint someone from inside the organization or advertise the position. John Simola asked that during this period until a new Park Superintendent is in place that Tom Pawelk be appointed interim Superintendent. TOM PERRAULT MOVED TO APPOINT TOM PA WELK INTERIM PARK SUPERINTENDENT UNTIL SUCH TIME AS A NEW PARK SUPERINTENDENT IS APPOINTED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Audio System: Clint Herbst stated that he had been informed that at one time the City had one of the best audio systems. Apparently some of that equipment is no longer in the facility and he asked that staff provide an update on what happened to this equipment. 18. Consideration of approvinl! payment of bills for AUl!ust. 2007. TOM PERRAULT MOVED TO APPROVE PAYMENT OF THE BILLS. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13 Council Minutes: 8/13/07 19. Adiourn. The meeting adjourned at 11 :20 p.m. o~ ~'-""-<:>:S~J.- " Recording Secretary 14