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City Council Minutes 09-24-2007 Council Minutes; 9/24/07 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, September 24, 2007 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski. Members Absent: None 1. Call to Order. 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 September 10, 2007 Rel!ular Council Meetinl!. SUSIE WOJCHOUSKl MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 10,2007 REGULAR COUNCIL MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of September 10,2007 Special Council Meetinl! Biosolids Workshop Tom Perrault noted a correction on page I stating that delaying the project 3-4 years could result in an increase of $3,000,000 not $2,000,000. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 10, 2007 SPECIAL MEETING ON BIOSOLIDS WITH THE CORRECTION NOTED. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2C. Approve minutes of September 12. 2007 Special Council Meetinl! - Budl!et Workshop. Tom Perrault noted his motion was to set the levy at $7,600,000 and the amount of difference that the City would have to make up between the proposed levy and the adopted levy is $200,000. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 12, 2007 SPECIAL COUNCIL MEETING ON THE BUDGET WITH THE CORRECTION NOTED. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED WITH WAYNE MAYER ABSTAINING. 3. Consideration of addinl! items to the al!enda. The following items were added to the agenda: I) Council representative to attend Xcel Emergency Exercise at Buffalo on November 6, 2007; 2) Calling for a hearing on the consolidation of the EDA and HRA; advertising for members for the newly created board and appointing Sandy Suchy to the HRA on an interim basis; 3) Weeds on the east end of7th Street; 4) Use of Monte Club site and former bowling alley site; 5) Pedestrian traffic on School Boulevard; and 6) Update on fiber optics. 1 Council Minutes: 9/24/07 4. Citizen comments. petitions. requests and concerns. LeRoy Miller, outgoing Chairman of the Riverfest Committee expressed his appreciation for the work the Streets, Parks and Water Department did to help prepare for Riverfest and for the clean up work after the event. He also thanked the Council for their support of the celebration. Pat Holthaus spoke regarding the recently adopted rental housing ordinance. She stated that the notice given regarding the informational meetings and public hearings didn't allow sufficient time for someone out of the area to be able to attend. She stated that inspection fees are taxes so the fees set by the ordinance increases her taxes but she is most concerned about the required inspections. Her opposition to the inspections is based on I) Rental property is considered private property and the required inspection is a violation of the 4th amendment in the Bill of Rights; 2) The inspection is ofliving conditions and not structural issues therefore treating renters as second class citizens since single family homes are not inspected; 3) There is a duplication of inspections and felt that taxpayers should not be subsidizing HUD inspections; 4) These inspections could open the City up to lengthy litigation. She felt that City employees should not be doing the inspections but that the City should contract with outside firms for this work and 5) It does not focus on the problem rentals. Instead of applying this to all rental properties she felt it would be more efficient if it was applied to those properties that had problems such as having a certain number of police calls to the site. Pat Holthaus offered the following amendments for the Council to consider: I) Inspections not be done by city staff; 2) The basis for inspections should be reasonable cause for suspicion or ifthere are excessive police calls to the site; 3) Grandfather in and exclude from inspections those properties that have not had excessive police calls or other problems and 4) Instead of annual inspections have the inspections every five years with the first inspections to start in three years. Three years is adequate time to inform the tenant that they are open to public inspection. She stated that the October I deadline of the ordinance is fast approaching and she is asking that the Council take action on her request prior to that time. Gary Anderson, Chief Building Official responded that city staff has had discussions with Pat Holthaus regarding the ordinance. If Pat Holthaus wishes to leave a copy of the letter he will address her concerns one by one. Clint Herbst said it was unfortunate that the City had to put this ordinance in place but it was necessary in order for the city to deal with problems relating to rental properties. Pat Holthaus stated the focus should only be the problem housing. Joel Jamnik, legal counsel, said the City needs their ordinance to apply to all properties that are rental housing and setting the ordinance up to only focus on ''problem housing" would open the City up to legal challenges. Clint Herbst felt that contracting the inspection work would be more expensive than having city staff do it. Pat Holthaus reiterated that she is opposed to blanket inspections of property. Wayne Mayer asked if she had expressed her comments at any of the public meetings on the ordinance. She stated that being out of town she did not receive notice of the meetings far enough in advance to allow her to attend. Gary Anderson stated that he would address the concerns raised by Pat Holthaus by letter rather than attempting to do so at this meeting. 2 Council Minutes: 9/24/07 5. Consent Al!:enda A. Consideration of ratifying hires/departures for MCC, Liquor Store and Parks. Recommendation: Ratify the hires/departures as identified. B. Consideration of approving monthly renewal of pawn shop license for Walt's Pawn Shop. Recommendation: Approve the renewal of the pawn shop license for Walt's Pawn Shop for another month. C. Consideration of approving temporary liquor license for Hi-Way Liquors wine tasting event. Recommendation: Approve a temporary liquor license for Hi-Way Liquors for their wine tasting event to be held on November 16, 2007 from 7 p.m. to 9 p.m. D. Consideration of resolution declaring costs to be assessed, ordering preparation of assessment rolls and setting date for public hearing to adopt assessments for Public Improvement No. 2007-0lC, 2007 Street Reconstruction Program. Recommendation: Adopt the resolution for the improvement project declaring the costs to be assessed and setting the assessment hearing for October 22, 2007. E. Consideration of resolution declaring costs to be assessed, accepting assessment roll, and setting date for public hearing to adopt assessments for Public Improvement Project No. 2006-31 C for the Reconstruction of Chelsea Road (Fallon A venue to CSAH 18). Recommendation: Adopt the resolution for the improvement project declaring the costs to be assessed and setting the assessment hearing for October 22, 2007. F. Consideration of resolution declaring costs to be assessed, accepting assessment roll and setting date for public hearing to adopt assessments for Public Improvement No. 2006-02C for the reconstruction of Cedar Street (Chelsea Road to Dundas Road) and the construction of Dundas Road (Cedar Street to Edmonson Avenue). Recommendation: Adopt the resolution for the improvement project declaring the costs to be assessed and setting the assessment hearing for October 22, 2007. G. Consideration of adopting a resolution supporting a request for grant funds for the ADA improvements to the Monticello Community Center. Recommendation: Adopt the resolution supporting the request for EAID grant funds for ADA improvements. H. Consideration of approving a request for a conditional use permit for a comprehensive sign plan for a commercial/retail center in the Central Community District. Applicant: Seluemed, LLC. Recommendation: Approve the request for a conditional use permit for a comprehensive sign plan as presented, based on a finding that the proposed signage is within the allowed parameters of the ordinance and consistent with the conditions for approval. 1. Consideration of approving a conditional use permit for a joint parking arrangement for a restaurant facility located at 242 West Broadway. Applicant: Master's Fifth Avenue, Inc. Recommendation: Approve the request for a conditional use permit 3 Council Minutes: 9/24/07 for off-site parking for Landmark Square, based on a finding that the proposed arrangement is consistent with the conditions of approval and will not have an adverse affect on the surrounding area, subject to the following conditions: 1) The applicant shall provide information on the hours of operation for all interested parties; 2) A properly drawn legal instrument executed by the parties concerned for joint use of off-street parking facilities shall be provided. Said legal instrument shall be approved by the City Attorney, filed with the City Administrator and recorded with the County Recorder at Wright County and 3) The applicant shall comply with all conditions of previously approved permits as they relate to the site. J. Consideration of approving a request for final plat for First Minnesota Bank Commercial, a two lot commercial subdivision in the CCD. Applicant: First Minnesota Bank: Recommendation: Approve the final plat for First Minnesota Bank based on a finding that the plat is 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 with approval conditioned on the following: a) Compliance with any and all comments from MnDOT regarding the plat and b) Revision of easement to comply with City ordinance. K. Consideration of review of proposals for mill and overlay for the 4th Street Park Parking Lot, City Project No. 2007-14C. Recommendation: Award the mill and overlay project to the low proposal from Hardrives, Inc. of Rogers, MN in the amount of$12,2l5.64 and move forward with the project for completion this year. L. Consideration of accepting quotations and approving the purchase and installation of an open air shelter in West Bridge Park. Recommendation: Proceed with the original proposal brought to Council on August 27, 2007 ofa 16' x 16' steel structure installed by Flanagan Sales with the Parks Department responsible for the construction of the concrete slab. The total cost would be $12,638.87 and the project would be completed within 10-12 weeks from order with funds coming from the 2007 Parks Budget. M. Consideration of a request to amend Section 3-9[E] as related to the regulation of signage in the Central Community District. Recommendation: Adopt the amendment to Section 3-9[E] as related to the regulation of signage in the Central Community Distri ct. N. Consideration of canvass of special election results of September 18, 2007. Recommendation: Adopt Resolution No. 2007-72 canvassing the election and declaring the results of the September 18, 2007 special election. O. Consideration ofreplacement of 1997Ford Ranger 4 x 4 pickup for the Construction Inspection Department. Recommendation: Authorize the replacement of the 1997 Ford Ranger with a new pickup purchased from Polar Chevrolet on the state bid in the amount of $20,000, with an outright sale of the Ford Ranger to the general public to be determined at a later date. 4 Council Minutes: 9/24/07 P. Consideration of adding parking stalls and switching to angle parking adjoining the north side of City Hall. Recommendation: Authorize the additional parking and switching to much safer angled parking on the north side of City Hall at an estimated cost of $5,440. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA CONSISTING OF ITEMS #5A, #5B, #5C. #5D, #5F, #5G, #51, #5J AND #5N. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent al!:enda for discussion. #5E Declaring costs to be assessed and setting hearing for Chelsea Road Reconstruction Project, City Project No. 2006-31C: Bret Weiss talked about the two assessment options presented in the agenda item. Option 1 used the cost of$70/front foot plus the cost of curb making a total cost per front foot of$80.70. However since the bids came in below the engineer's estimate, a second option is being proposed which would reduce the street cost from $70/front foot to $60/front foot. Including the cost of the curb, the rate under this second option would be $71/front foot. Bret Weiss recommended going with $71/front foot rate. BRIAN STUMPF MOVED TO ADOPT THE RESOLUTION FOR THE CHELSEA ROAD IMPROVEMENT, CITY PROJECT NO. 2006-31 C DECLARING THE COSTS TO BE ASSESSED, USING THE ASSESSMENT RATE OF $71/FRONT FOOT AND SETTING THE ASSESSMENT HEARING FOR OCTOBER 22, 2007. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5H Conditional Use Permit for a Comprehensive Sign Plan for a commerciaVretail center in the CCD District: Wayne Mayer asked Steve Grittrnan whether the applicant has finalized or clarified what type of message board was going to be utilized. Wayne Mayer wanted to make sure he is not giving preliminary approval to some kind of video board. Steve Grittrnan responded that that 30 square feet of 100 square feet of signage is message board but it was not clarified as to what kind of technology it would be. The final plan has not been submitted. Steve Grittrnan noted the current code does not prohibit or regulate digital display. The only regulation relates to flashing signs. Wayne Mayer stated he doesn't have a problem with the reader board but he has concerns about having a definition of a video board. Wayne Mayer suggested tabling this until it is known exactly what is being presented. Steve Grittman said it could be tabled or it could be approved with the condition that it is not a video board. Steve Grittrnan said the technology Wayne Mayer is concerned about was not place when the ordinance language was written. Joel Jamnik, legal counsel, asked when the application had been submitted. Steve Grittman said he would check this and if necessary they would issue a 60 day extension. WAYNE MAYER MOVED TO TABLE ACTION ON THE REQUEST FOR A CONDITIONAL USE PERMIT FOR A COMPREHENSIVE SIGN PLAN FOR SELUEMED, LLC UNTIL THE TYPE OF ELECTRONIC MESSAGE BOARD THAT IS BEING USED IS CONFIRMED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5 Council Minutes: 9/24/07 #5KConsiderations of proposals for mill and overlay of Ih Street Park Parking Lot, City Project No. 1007-14C: John Simola provided clarification on the scope ofthe project. CLINT HERBST MOVED TO AWARD THE MILL AND OVERLAY PROEJCT TO THE LOW PROPOSAL FROM HARDRIVES, INC. OF ROGERS, MN IN THE AMOUNT OF $12,215.64 AND TO MOVE FORWARD WITH THE PROJECT IN ORDER TO COMPLETE IT THIS YEAR. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5L Open air shelter at West Bridge Park: Wayne Mayer asked about the costs involved with Alternative #3. Tom Pawelk indicated #3 had the cost of materials from a local lumber yard. Tom Pawelk estimated costs, including labor and equipment, to be $10,000-$12,000. It was noted that the cost of materials for the 18' x 18' shelter would be approximately $1,700 but if you had the cost of the concrete slab it would bring it up to $2,500. This price does not include labor. Tom Pawe1k noted if the parks staff does the construction, they will be taken away from their other duties. Susie Wojchouski questioned the purpose of the open air shelter especially since there is already a gazebo and shelter at the park. Because this shelter is proposed to be located closer to the playground equipment it was felt it would be used more. Tom Pawelk added that this shelter could also be rented out. Wayne Mayer asked if the 16' x 16' steel structure would be installed by the contractor or park staff. Tom Pawelk indicated the installation would be done by the contractor. Wayne Mayer noted that there are probably a lot of contractors who would be eager to build the shelter and it was suggested that the staff go out for bids on the construction of an 18' x 18' wooden shelter. Tom Pawelk will get quotes from some ofthe local contractors and bring it back to the Council. SUSIE WOJCHOUSKI MOVED TO TABLE ACTION ON THE INSTALLATION OF AN OPEN AIR SHELTER AT WEST BRIDGE PARK AND TO DIRECT TOM PAWELK TO COME BACK TO THE COUNCIL WITH QUOTES FROM LOCAL CONTRACTORS TO DO THE WORK. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5M Ordinance amendment relating to Section 3-9[E] regulating signage in the Central Community District: Tom Perrault questioned provision #h in the existing ordinance which states that signs shall not be internally illuminated but may be externally illuminated. Steve Grittman said the intention is that these signs be lit externally by flood lights. The Design Advisory T earn felt externally lit signs were more in keeping with the guidelines of the Downtown Revitalization Plan. Clint Herbst said the downtown redevelopment is not working that well and felt that there are some very attractive signs that are lit internally. Brian Stumpf noted that the provision applies only for the signs that come out over the sidewalk. Jeff O'Neill explained the signs are for pedestrians using the sidewalks and need to be seen only for a short distance. Clint Herbst asked if there was anything in the ordinance that prohibited the sign from extending out over the right-of-way. Susie Wojchouski asked if the ordinance prohibited projecting signs along the TH 25 corridor. Steve Grittman responded that there was some question whether the City could authorize extensions of signs into MnDOT right-of-way. 6 7 Council Minutes: 9/24/07 Steve Grittman pointed out that the amendment is removing the restriction that allowed projecting signs only in the Broadway Downtown District and would allow them anywhere in the CC District. Susie Wojchouski questioned the 6 square foot area for the signs as she felt the signs should be bigger. Jeff 0 'Neill said the area of the sign and the height the sign is placed at is not meant to be attract vehicle traffic but pedestrian traffic. Wayne Mayer expressed concern about there being a proliferation of signs. Clint Herbst pointed out that has not been the case in the past. The projecting signs have always been allowed but the restriction is that they can't be lit internally. BRIAN STUMPF MOVED TO APPROVE THE ORDINANCE AMENDMENT FOR SECTION 3-9[E] AS RELATED TO THE REGULATION OF SIGNAGE IN THE CENTRAL COMMUNITY DISTRICT. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT AND CLINT HERBST VOTING IN OPPOSITION. Wayne Mayer clarified that the amendment allows projecting signs in all of the CCD district. #50 Replacement of 1997 Ford Ranger 4 x 4 pickup truck: Tom Perrault questioned whether the City had looked at used vehicles. John Simola stated they had checked with Ryan's in Buffalo, Gould's in Monticello and a dealership in Foley. The prices for used vehicles ranged from $16,000 to $19,000. At those prices staff didn't think it paid to buy a used vehicle. The City would be saving a little less than $2,000 by going with a smaller vehicle. The vehicle they are looking at is an extended cab with a door that opens in the back. The new vehicle would be Y, ton or another smaller pick up. Brian Stumpf questioned if a smaller truck would meet the needs for what the truck is used for. He asked about the price difference between the 2007 and 2008 models. John Simola indicated there was very little price difference. John Simola said when they go on the state bid they take that bid to the local dealers to see ifthey can match it. John Simola said they spent a good deal of time coming up with quotes and price comparisons. The motor in the old truck is not repairable and staff felt they might get $1,000 for the vehicle if sold to the public. TOM PERRAULT MOVED TO AUTHORIZE THE REPLACEMENT OF THE 1997 FORD RANGER WITH A NEW PICKUP PURCHASED FROM POLAR CHEVROLET ON THE STATE BID IN THE AMOUNT OF $20,000 WITH THE OUTRIGHT SALE OF THE FORD RANGER TO THE GENERAL PUBLIC AT A DATE TO BE DETERMINED LATER. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED WITH WAYNE MAYER VOTING IN OPPOSITION. #5P Consideration of adding parking stalls and switching to angle parking adjoining the north side of City Hall: Tom Perrault questioned the cost ($5,440) for adding just five more stalls. He wanted to know who used this parking. John Simola said the spaces would be used by the Sheriff's Department and Public Works employees who come to City Hall for meetings, etc. Community Center employees park on the pavement before and after the loading zone. Brian Stumpf said he agreed with Tom Perrault about the cost and suggested that the people who would be utilizing the proposed new stalls use the parking space at the fire hall instead especially if it was short time parking. There was discussion on the problem with parking spaces. There is limited parking area and limited space making entering and exiting parking spaces difficult. Council Minutes: 9124/07 WAYNE MAYER MOVED TO MAKE NO CHANGE TO THE PARKING AT THE CITY HALL. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Consideration ofvacatin2 a portion of Fallon Avenue ri2ht-of-wav located iust south of Chelsea Road and authorize associated land exchan2e to accommodate road reali2nment.. City Proiect No. 2006-31C. Bret Weiss explained that at a previous meeting the Council conducted a public hearing on the vacation of a portion of Fallon Avenue right-of-way. At that time the approval of the vacation was tabled to allow the City attorney to research ownership of the underlying property. The City Attorney in his review has indicated the City is the fee owner of the property and can transfer the right-of-way to WCG Building Partners, LLC. In exchange for the Fallon Avenue right-of-way WCG Building Partners will give the City 2,793 square feet of right-of-way for Chelsea Road. WCG is also making improvement to their building and parking lot. Bret Weiss was asking that the Council complete the action vacating a portion of Fallon Avenue right-of-way. BRIAN STUMPF MOVED TO VACATE THE PORTION OF F ALLON AVENUE RIGHT -OF- WAY AS SHOWN ON THE EXHIBIT FROM WSB DATED 6/21/07 AND AUTHORIZE THE LAND EXCHANGE NECESSARY TO ACCOMMODATE ROAD REALIGNMENT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Consideration of discussion on direction for a proposed amendment to the Monticello city Ordinance re2ulatin2 snowmobilin2. Brian Stumpf stated he had received a number of phone calls from people who wanted to comment on the snowmobile issue but were not able to attend the meeting tonight and he would like the Council after discussion of the item table it so that these individuals would have an opportunity to speak. Tom Moores, Street Superintendent reviewed the contents of the City's existing ordinance. Currently snowmobiles are prohibited in the following areas: I) Boulevards within public right of way; 2) Private property without the owner's consent; 3) School property; 4) Public property including parks; 5) Sidewalks or pathways; 6) Roadway, shoulder, or inside bank or slope of any city trunk, county state aid or county highway; 7) Highway directly abutting a public sidewalk or walkway and 8) Interstate highway or freeway. Basically snowmobile use in the City is limited to traveling from a residence to a trail connection. Additional snowmobile restrictions include no operation between II :00 p.m. and 7:00 a.m. within 300 feet of a residence and at a speed not greater than 15 mph. In reviewing ordinances from other communities, it was noted that most communities allow snowmobile use within the city but with restrictions. Since MnDOT has a designated river crossing in this area, staff felt the City's ordinance should allow access to that crossing. 8 Council Minutes: 9/24/07 Brian Stumpf asked how many snowmobilers know if a road is a County State Aid Highway? Tom Moores said the average snowmobiler is not aware of that. Brian Stumpf asked if there is a designated snowmobile route, would it be signed. Clint Herbst felt it was unfair that a few snowmobilers who chose to ignore the regulations and operate their vehicle without concern for the property and welfare of others should wreck it for those who are responsible operators. Clint Herbst felt the question was how the City could enforce their existing ordinance. Tom Moores said they have discussed this with the Sheriffs Department and the Sheriff's Department indicated they are willing to do more patrols within the City. Susie Wojchouski asked how severe the problem was. Tom Moores said last year 6 complaints were sent to the Sheriffs Department and the previous year 14 complaints were forwarded. Wayne Mayer noted that a lot of people won't complain although there is a problem. He felt that perhaps the problems are created by the younger drivers who don't know the ordinance regulations Dane Hasbrouck, 12108 Aetna Avenue North, is a member of the snowmobile club and trail administrator for the Wright County Club. He noted there is currently a designated trail that is signed that goes through Monticello. He added that the next closest river crossing is in Royalton. He indicated Martha Reger from the DNR would be willing to meet with the City and the snowmobile club on this issue since this is a regional corridor. Clint Herbst asked what the City could do to take care of the violators adding that residents whose yards and plantings are tom up by snowmobiles want to see something done to stop that activity. Dane Hasbrouck stated there is some conflict involved because you have to confront the violators and make them accountable for their actions. He said he has personally tracked a violator down to get the snowmobile registration number so it can be reported. He also felt education was important. The word needs to get out where trails are and what activities are allowed. Clint Herbst questioned whether they could get a list of snowmobile licensees and send a letter and map out to them as means of getting the information out to the people who are snowmobilers. He felt it was important for the City to work on this aspect of it. He felt it should be brought up at a Police Commission meeting. Tom Moores indicated it had come before the Police Commission and the Sheriffs Department indicated their willingness to do some extra patrols. Kelly Sinclair, 6545 East Oak Drive stated the snowmobile club he belonged to at Circle Pines worked with the Police Department to patrol the trails. They were given phones to contact the Police when they observed violations. Brian Stumpf noted that Circle Pines had their own police department but felt this was something that should be brought up to Wright County. They felt extra patrols during holiday breaks and weekends might help curb the problem. It was noted all children from the age of 12 and up have to go through snowmobile training. Chris Tarvestad, 6701 East Oak Drive noted that in 1977 the laws affecting snowmobiles changed. He indicated that on the trail in Zimmerman there was a bright orange sign that said "No Snowmobiling" and then an arrow directing the snowmobilers where to go. Clint Herbst suggested that Tom Moores attend one of the meetings of the snowmobile clubs. It was felt by those present that the existing route is not clear or well signed. 9 Council Minutes: 9/24/07 Martie Posthumus, 9985 Aetna Avenue is secretary of the Wright County Snowmobile Association. He stated the snowmobile club has in the past worked with the City. They have signs at the entrances to the City and at the river crossing. They do this on a volunteer basis. He felt more and bigger signs would be help the situation. He also felt there should be a route that is more permanent and not subject to frequent changes. SUSIE WOJCHOUSKI MOVED TO NOT CHANGE THE CURRENT ORDINANCE REGULATING SNOWMOBILE USE AND ENCOURAGE TOM MOORES AND JOHN SIMOLA TO WORK WITH THE SNOWMOBILES CLUB ON ADDITIONAL SIGNAGE AND GET INFORMATION OUT ABOUT THE DESIGNATED SNOWMOBILE ROUTE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. There was additional discussion about getting information out. It was suggested having something in the newsletter. It was also suggested that Tom Moores follow up with the snowmobile clubs on enforcements measures. 9. Consideration of makin2 an interim appointment to the Housin2 and Redevelopment Authoritv. It was noted that in addition to making an interim appointment to the HRA, the Council should also call for a public hearing on October 22, 2007 for the consolidation ofthe HRA/EDA. BRIAN STUMPF MOVED TO CALL FOR A PUBLIC HEARING ON OCTOBER 22, 2007 FOR THE CONSOLIDATION OF THE HRAlEDA AND TO APPOINT SANDY SUCHY TO SERVE ON THE HRA BOARD IN THE INTERIM. SUSIE WOJCHOUSKI SECONDED THE MOTION CARRIED UNANIMOUSLY. Jeff O'Neill asked if the Council wanted to advertise for commissioners to serve on the merged board. The Council felt it would be better to wait with that until after the merger has taken place. 10. Consideration to review a report on the Groveland buffer vard and to consider authorization of the fundin2 pr02ram for the Groveland buffer vard plantin2. Jeff O'Neill reported that city staff and Northwest Associated Consultants had worked hard to come up with a planting plan to complement what the bowling alley had done. The proposed plantings are half on the developer's side and half on the residential development side. The buffer yard for the residential area was not put in when the residential area was developed. Hindsight shows the trees should have been put in at that time. Instead of requiring the developer to put in the plantings, the City took money. The City is proposing to use those funds to pay for the plantings now. Staff is in the process of getting right-of-entry forms from the residents for the planting. Jeff O'Neill noted that most of the property owners are agreeable to the plan the City is trying to execute. Staff is asking to proceed with those property owners who indicate they want the trees planted. Staff will be taking funds from a developer deposit to supplement the Groveland planting. Bruce Westby noted that are some drainage issues in the area of Taco Johns and the bowling alley that the City is working on 10 Council Minutes: 9/24107 with the developer. Wayne Mayer asked about the funds being taken from another developer's deposit. Jeff O'Neill said those were penalty dollars and could be used any place within the City. Sean Fogarty, 3608 Redford Lane said he has not met anybody who felt it was a great solution. He said Bruce Westby stated he would be contacting him after the stakes were placed but he has not heard back from him. He stated that the information he received from Community Development about the right-of-entry form indicated that the form must be returned by Wednesday. He said he doesn't want to sign either of the forms since he doesn't know whether he will accept the trees being placed as marked. In addition since there is potential that trees could die he was reluctant to accept the responsibility for them. John Simola said there is a one year warranty on the trees planted. John Simola said the bowling alley is going to seed and sod their site next week and the City doesn't want to access through the front yard of the residents for tree planting. Sean Fogarty questioned how this information was distributed and the limited amount of time the homeowner had to respond. Jeff O'Neill said he didn't review the letter before it went out but he felt that if someone couldn't respond within the time frame, the City would allow some flexibility on this. Bruce Westby stated he hadn't reviewed the letter either but agreed the City has the discretion to make exceptions to the time frame noted. He added he would be meeting with the property owners in the area on Tuesday regarding the staking. Wayne Mayer asked if the planting plan in the agenda packet was an exact depiction of what was going on the lot. John Simola said it was and added that some of the lots will have four trees and others three. Sean Fogarty also had concerns about the buffer yard because it abuts a commercial use. He questioned the difference between a buffer yard and required screening yard. He was informed that because this was commercial and not industrial the screening yard was not required. Sean Fogarty quoted a section the ordinance that he felt indicated otherwise. He was also told that at maturity the screening would provide 90% opaquity. He noted there was no time line offered in the ordinance but was told the maturity of these trees would meet the requirements. He felt the zoning ordinance should be followed and in this case following the ordinance means more would need to be done. He felt looking at the backside the bowling alley structure was an eyesore. He stated he knew the use of the site would be commercial but his realtor told him there would be a barrier separating the uses. He was also concerned that there was nothing to prevent access to his property from behind the bowling alley. Wayne Mayer asked what does Sean Fogarty expect the City or property owner to put in that would appease him. Sean Fogarty said he expected a barrier and fence or trees that are big enough to form a barrier. He was told nothing could be done and he was told he could put up his own fence. He felt a 6' high fence would be sufficient. He noted there are a lot of safety concerns about access to his property and there is also the garbage and debris from the bowling alley site coming onto his property. Wayne Mayer asked Steve Grittrnan about the bowling alley parking up against the residential lot and if it was typical to put a parking lot this close to residential property. Steve Grittman said it was not atypical but the question was how to create separation between uses which is why the buffer yard is in the ordinance. He noted that a 6' evergreen is the standard planting size. Since there was no conditional use permit, staff could not place any additional requirernents as far as landscaping or screening. 11 Council Minutes: 9/24/07 Sean Fogarty asked ifbuffer yard and required screening are the same thing. Steve Grittman said the buffer yard specifies what screening means. Wayne Mayer asked about the size of the berm. Bruce Westby indicated there is no berm. There is however a slope from the edge of the parking lot to the back yards of about 2-3 feet. Sean Fogarty said the people living close to the main entrance will have headlights that will come into their windows. Wayne Mayer said this issue needs to be looked at again especially with the headlights. Sean Fogarty said at the informational meeting there was discussion of a berm and 2 rows of8'-10' trees and that is not what is being put in. Jeff O'Neill asked about adding a fence at the end of the parking lot to cut off the headlights with the idea of cutting offthe headlights before the lights get out of the parking lot. Jeff O'Neill suggested going ahead with the tree planting and look at options to resolve the headlight glare. Susie Wojchouski asked if the City would be putting the fence in. She did not feel the fence was the City's responsibility. BRIAN STUMPF MOVED TO AUTHORIZE USE OF $8,300 FROM TREE PLANTING ESCROW TO FUND GROVELAND BUFFER YARD PLANTINGS AS A MINIMUM AND TO LOOK AT OPTIONS TO ADDRESS THE GLARE FROM HEADLIGHTS COMING FROM THE PARKING LOT. WAYNE MAYER SECONDED THE MOTION EMPHASIZING BRIAN STUMPF'S STATEMENT THAT THIS IS WHAT THE CITY DOES AS A MINIMUM. MOTION CARRIED UNANIMOUSLY. 11. Consideration of action rel!:ardinl!: the proposed New Public Works Facility. City Proiect No. 2006-14C resultinl!: from the earlier workshop. This item was addressed at the workshop held prior to the meeting. It was reported that signage on one of the properties in question had been removed. Added Items: Xcel Emergency Exercise: Tom Perrault will be attending the exercise being held Tuesday, November 6,2007 at Buffalo. Susie Wojchouski would be an alternate if Tom is unable to attend. Weeds: Susie Wojchouski brought up the issue of weeds in the area of 7th Street by St. Benedict's, the Catholic Church and Home Depot. John Simola will check into this. Monte Club site/old bowling alley site: Tom Perrault questioned whether the City had come up with any proposed use for either of these facilities. Jeff O'Neill indicated that the Monte Club site would be looked at when the comprehensive plan update was completed. John Simola said the old bowling alley site has limited use for equipment storage. Clint Herbst felt the bowling alley site might be looked at as a redevelopment project. Pedestrian Traffic on School Boulevard: Tom Perrault had observed the pedestrian traffic on School Boulevard. He noted there were no children crossing the sidewalk down by the houses directly across from the high school on Friday and only child crossing there today. Only half of the kids walk in the designated crosswalk. He didn't feel the bumpout should be placed there since they are not serving that many kids. Clint Herbst suggested getting the school involved in watching 12 Council Minutes: 9/24/07 the pedestrian traffic patterns in that area. Bruce Westby responded that WSB & Associates had done a study on pedestrian activity and pedestrian improvements in that area. It was pointed out that pedestrian numbers fluctuate. In further discussion of the area it was noted that Chelsea Road is expected to open at the end of October. Tom Perrault asked about making turn lanes into the school and into the Cardinal Hills development. Bruce Westby felt there couId be left turn lanes by Eider and the school between the bumpouts. Council felt this was something that could be looked at by staff over the winter. Fiber Optics: Wayne Mayer thanked all those residents who got to vote on the referendum. The Fiber Optics committee has received a lot of congratulatory notes from the other cities, the county And the state. The Fiber Optics committee is going out to the public to come up with a new name for the municipal fiber optics enterprise. The deadline for submitting a name is October 8, 2007. For more information residents can contact: www.monticellofiberoptics.com Parking: Brian Stumpf asked if the parking was going to be restricted to just one side of the street on Hillcrest Road. John Simola indicated that is the case. 12. Consideration of approvinl! payment of bills for September. 2007. TOM PERRAULT MOVED TO APPROVE PAYMENT OF THE BILLS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Adiourn. The meeting was adjourned at 9:35 p.m. Q~ ~s.~9-- Recording Secretary 6 13