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City Council Minutes 07-11-2005MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday July 11, 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. Prior to the regular meeting, the City Council met in a closed session with legal counsel to discuss pending litigation. 2. Approve minutes of June 27, 2005 regular Council meeting. Tom Perrault felt the language on Page 6 relating to advertising of the open positions before the Council had approved the positions should be reworded. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE JUNE 27, 2005 REGULAR COUNCIL MEETING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Brian Stumpf suggested that unless someone was present to speak on the Eagle Scout project it should be added to the consent agenda. He stated the workshop for reviewing trunk utility funding programs set for July 25, 2005 at 5 p.m. be added to the consent agenda as item #5M. Jeff O'Neill added a tour of developments being arranged by Heritage Development. Clint Herbst added cemetery mowing to the agenda. 4. Citizen comments, petitions, requests and complaints. Susie Wojchouski of the Chamber of Commerce came before the Council. She stated that in spite of all of the development taking place in the City very little work has trickled down to the local contractors, tradespeople and suppliers. She presented a list of local businesses that could be utilized by developers working in the Monticello area and asked that City staff supply this information to developers that develop in the city. Clint Herbst felt this was a good idea and that this information should be distributed to the developers along with other information that they receive from the City. Clint Herbst thanked everyone who worked on the Riverfest Celebration and complimented them on a successful celebration. Council Agenda - 7/11/05 �. Consent agenda. A. Consideration of new hires and departures. Recommendation: Ratify hires and departures as identified. B. Consideration of approving plans and specifications and authorizing advertisement for bids for School Boulevard between Deegan Avenue and 90th Street Project No. 2005-2C. Recommendation: Adopt resolution approving plans and specifications and authorizing advertisement for bids for School Boulevard between Deegan Avenue and 90th Street, Project No. 2005-2C. C. Consideration of authorizing the hiring of Frank Madden and Associates to review personnel and labor relations matters for the City on an as -needed basis. Recommendation: Authorize staff to utilize the services of Frank Madden and Associates as needed to review personnel or labor relations issues. D. Consideration of approving plans and specifications and authorizing advertisement for bids for 7" Street and Highland Way, Project No. 2004-2C. Recommendation: Adopt a resolution approving the plans, specifications and traffic signal justification report and authorize the advertisement for bids for the extension of 7" Street and Highland Way. E. Consideration of authorizing proceeding with bond sale to finance public improvement projects. Recommendation: Adopt a resolution authorizing the bond sale. F. Consideration to approve entering into a quit claim deed transferring title of the city - owned Otter Creek Crossing property to the Housing and Redevelopment Authority. Recommendation: Approve entering into a quit claim deed transferring title of the city - owned Lot 1, Block 2, Otter Creek Crossing to the Housing and Redevelopment Authority in and for the City of Monticello. G. Consideration of zoning ordinance amendment relating to filing procedures for formal applications for preliminary plat, conditional use permits, planned unit developments and variances and to amend the ordinance to define simple subdivisions and the application process related to simple subdivisions. Recommendation: Approve the proposed amendments as presented, based on a finding that the amendments will provide for increased efficiency in review, and expedited process for private applicants. H. Consideration of a request for a conditional use permit for a 840 square foot detached accessory structure in an R-1 (Single -Family) District. Applicant: Barry Spiers. Recommendation: Approve the conditional use permit for Barry Spiers at 3623 Brentwood Drive subject to the following: (a) The applicant meet each of the requirements of the zoning ordinance, including the 10% of rear yard and 1,500 square foot thresholds, and all applicable setbacks. This condition requires a reduction of 40 square feet from 2 Council Agenda - 7/11/05 the proposed garage. (b) Landscape plantings are added to the sides and rear to soften the impact of the building on adjoining parcels. (c) No driveway should be extended to the new accessory building. Consideration of a request for a conditional use permit to allow a drive through pharmacy facility in the Central Community District. Applicant: Snyder Drug Stores, Inc. Recommendation: Approve the conditional use permit, based on findings that the facility will be consistent with the requirements and intent of the CCD District, with the conditions listed below: 1. Work with City Engineer to ensure design of exit drive is right -turn only. 2. Reduce curb cut locations to a total of two or, replace grey concrete sidewalk with pavers to match CCD theme. �. Work with Design Advisory Team to ensure consistency of signage with CCD requirements. 4. Verify consistency of lighting fixtures with zoning ordinance. Consideration of ratifying two year renewal of union labor contract - Local 49. Recommendation: Approve the two year labor agreement IUOE Local 49 as outlined retroactive to April 1, 2005. K. Consideration of approving contributions made to the City of Monticello. Recommendation: Adopt Resolution No. 2005-71 approving the contributions and authorize use of funds or payment to recipients as specified by donors. Wayne Mayer asked that items 45E, 5J and 5K be removed from the consent agenda. Torn Perrault requested that item #5C be removed from the consent agenda. GLEN POSUSTA MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS 45C, #5E, #5J AND #5K AND THE ADDITION OF #9 AS ITEM 95M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from consent agenda for discussion. #SC - Hiring of Frank Madden and Associates: Tom Perrault stated that there was not a lot of information provided especially as far as hourly rates and number of hours the City anticipated using this firm. City Administrator, Rick Wolfsteller indicated that on other billings from this firm the hourly rate was $115 and he assumed that it would be in this range but added that staff had not contacted Mr. Madden about his charges. Rick Wolfsteller stated the Madden firm would be used as needed and at this time they did not have specific work proposed. TOM PERRAULT MOVED TO TABLE THIS ITEM UNTIL THE NEXT MEETING TO J Council Agenda - 7/11/05 ALLOW STAFF TO DETERMINE THE HOURLY RATES FRANK MADDEN & ASSOCIATES WOULD CHARGE THE CITY. Motion failed for lack of a second. BRIAN STUMPF MOVED TO AUTHORIZE STAFF TO UTILIZE THE SERVICES OF FRANK MADDEN AND ASSOCIATES AS NEEDED TO REVIEW PERSONNEL OR LABOR RELATIONS ISSUES AND HAVE THE CITY ADMINISTRATOR CHECK INTO THE HOURLY RATES FOR THE FIRM AND UPDATE THE COUNCIL BY MEMO OF THE RATES. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. SJ: Renewal of two year union labor contract - Wayne Mayer stated the would like the Personnel Committee's thoughts on the two year contract. Rick Wolfsteller stated that the previous union contracts were all for two year periods. Wayne Mayer stated he was not so concerned about the length of the contract but the process that went into arriving at this contract. Clint Herbst reviewed the provisions of the agreement. It was noted that comparable worth requires that union and non-union employees be treated the same. Wayne Mayer questioned then what was the value of the union to the employees, if they are treated the same as non-union employees. WAYNE MAYER MOVED TO APPROVE THE NEW TWO YEAR LABOR AGREEMENT WITH IUOE LOCAL 49 RETROACTIVE TO APRIL 1, 2005. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. SK: Contributions made to the City: Wayne Mayer stated he pulled this item because of one of the contributions. He questioned the City handling contributions that were designated for groups such as the community band. He suggested that contributions of that nature be channeled through the Monticello Arts Council rather than the City. He also commented on the time and effort to establish a paper trail to track small contributions. BRIAN STUMPF MOVED TO ADOPT THE RESOLUTION APPROVING THE CONTRIBUTIONS AND AUTHORIZING USE OF FUNDS OR PAYMENT TO RECIPIENTS AS SPECIFIED BY THE DONORS. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. City Administrator, Rick Wolfsteller noted that as the City receives additional donations, similar resolutions will be present to the Council in the future. SE: Bond Sale Authorization: Mark Ruff from Ehlers and Associates made a presentation on the proposed bond sale. He reviewed the pre -sale report with the Council pointing out that the proposed $25,940,000 in bonds covered ten different projects within the City. Mr. Ruff reviewed the various projects and the estimated cost of each project pointing out that one of the larger 11 Council Agenda - 7/11/05 projects in those being financed was the CSAR 18/I-94 Interchange Project. Brian Stumpf asked why the County wasn't bonding for their portion of the project costs on the interchange project. Rick Wolfsteller stated that the County did not have this project in their capital improvement program so they are willing to pay the extra cost to have the City bond for it. The County will pay back their share to the City at the same interest rate that the City bonds for. Mark Ruff stated that the City may do additional borrowing next year for items such as land acquisition costs which is not known at this time. Mark Ruff has met with the City Administrator, City Engineer and bond counsel and the consensus was to put all the projects into one bond issue. Currently the City's bond rating is 2A and the City is considering purchasing insurance so that the bond rating could be brought up to a 3A rating. Mark Ruff stated that when a community has a large entity, such as Excel Energy making up a significant portion of the tax base, insurers are not comfortable with that. If the insurance companies okay it, the City would purchase the insurance. It is proposed to come back before the Council with the actual bond sale on July 25, 2004. Mark Ruff noted on page 4 of the pre -sale report the revenue sources that will pay for the bond issue were listed. There is a diversity in the sources of revenue, i.e., trunk fiends, TIF revenue, and special assessments which is a good thing. He noted that the City will be paying $35,000,000 in debt service over the 15 year term of the bond. The majority of the money is paid off in ten years. At the point where the tax levy needed to make the debt service payment increases, the commercial development should be in place and on the tax rolls. He added that although the bond issue is big, a relatively small amount of the debt service payment will be coming from tax levies. Mark Ruff asked the Council to adopt the resolution setting the bond sale and stated he would inform them of the bond rating for the City once he receives that information. Brian Stumpf asked if this bond issue had any impact on the City's other bonds. Existing bonds would not be impacted but what would be affected would the utility trunk fees since trunk fees are a funding source. Clint Herbst asked if the pre -sale report used existing trunk fees or anticipated increased fees. Glen Posusta stated that it was important for taxpayers to know that even though the City is bonding for $26,000,000 only a small percentage is coming from the tax levy. Mark Ruff stated that the option to use cash reserves to reduce the amount of the bond issue was discussed. It was decided not to use the cash reserve to reduce the bond issue amount but rather keep it in reserve in case development does not take place as rapidly in the first couple of years of the bond term. Mark Ruff expects the bonds to come in at a 4.5% interest rate. BRIAN STUMPF MOVED TO ADOPT RESOLUTION NO.2005-72 AUTHORIZING THE BOND SALE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5 Council Agenda - 7/11/05 7. Public Hearing_- Vacation of drainage and utility easements Outlots D, E, F, G and H of Carlisle Village. Jeff O'Neill explained that this was a housekeeping matter. Because of the amended plat of Carlisle Village the easements on the outlots of the old plat need to be vacated. New easements will be obtained with the new plats. Mayor Herbst opened the public hearing. No one present spoke for or against the proposed vacation. Mayor Herbst then closed the public hearing. BRIAN STUMPF MOVED TO ADOPT A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS FOR OUTLOTS D, E, F, G AND H IN THE PLAT OF CARLISLE VILLAGE SUBJECT TO: 1) THE DEDICATED EASEMENTS PROPOSED IN THE PLAT OF CARLISLE VILLAGE SECOND ADDITION BEING REVIEWED AND APPROVED BY THE CITY ENGINEER PRIOR TO SIGNING OF THE HARDSHELLS; AND 2) THE PROPOSED PLAT OF CARLISLE VILLAGE FOURTH ADDITION CONTAINING REPLACEMENT EASEMENTS AS RECOMMENDED BY THE CITY ENGINEER AND PUBLIC WORKS DIRECTOR. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH WAYNE MAYOR VOTING IN OPPOSITION. 8. Consideration of approving proposal for an Eagle Scout Project to install a floating dock at Ellison Park. Phil Simondet a resident of Big Lake and a student at Monticello came before the Council requesting approval of an project he is proposing to do for his Eagle Scout badge. He is proposing to install a floating dock, 40'-44' in length off the boat ramp at Ellison Park. Phil Simondet presented a drawing of the dock proposed noting it will conform with DNR specifications and will be similar to docks at West Bridge Park and Montissippi Park. Clint Herbst asked why there was no dock railing on the northwest side. Phil Simondet responded that the Parks Commission approved the design and the area with no railing was intended for boaters to tie up to the dock. Brian Stumpf noted that there is a strong current in that area and felt it would be safer if the entire dock had railing on it. Glen Posusta felt it could be a liability issue as well. Wayne Mayer asked about the time frame the dock would be in the river. Phil Simondet responded that it depends on when ice starts to form on the river. Wayne Mayer felt without railing all around the dock area, the dock becomes an "attractive nuisance" for children. Brian Stumpf stated the project should be approved but recommended that the space between the railing posts be narrowed so that children could not get through it. Phil Simondet said he is working with MinnCor and the DNR and the dock will be designed to their specifications and whatever standards the City may impose. Brian Stumpf suggested that Phil Simondet meet with one of the Councilmembers after he has worked out the dock design with the DNR. Fred Patch, Building Official, stated that docks and similar structures are not �j regulated by the building code but if a dock was constructed like a residential deck, the requirement would be the railing not allow a 4" sphere to go through the railing space. 0 Council Agenda - 7/11/05 BRIAN STUMPF MOVED TO APPROVE THE PROPOSAL OF PHIL SIMONDET TO HAVE A DOCK INSTALLED AT ELLISON PARK AS HIS EAGLE SCOUT PROJECT WITH THE DOCK DESIGNED TO THE SAME STANDARDS AS THE EXISTING DOCKS AT WEST BRIDGE AND MONTISSIPPI PARKS AND WITH BRIAN STUMPF SERVING AS THE COUNCIL CONTACT FOR PHIL SIMONDET. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of scheduling a workshop to review trunk utilities funding programs for the purpose of adjusting fee schedule. This was approved as part of the consent agenda with the workshop meeting being scheduled for July 25, 2005 at 5 p.m. 10. Consideration of a reduest for additional funding for Senior Citizen Center. Laurie Chevalier, 717 Independence Drive, Big Lake and Wes Olson, 524 West 6"' Street, representing the Senior Center Board of Directors came before the Council to request additional funds from the City for Senior Center. Wes Olson stated that there are two issues to be addressed. One is the difference between what the Senior Center is paying out and what the City is contributing to the Senior Center. Since 1996 the costs the Senior Center has had to pay out has exceeded the amount the City has contributed. Fundraising by the Senior Center has made up the difference and delayed the need to come before the Council to request an increased contribution. The reserve cushion is no longer there and the gap between what is paid out and what is received has widened. The second issue is a salary increase for the Senior Center Director. The current director has not received a salary increase except for cost of living increases since she has been in that position. In a survey of other directors in the area, Monticello's Director is not being compensated at the same level as others doing similar work. Glen Posusta asked if would make more sense to have the Senior Center Director as a city employee. City Administrator, Rick Wolfsteller stated by having this position as a city employee it would increase the cost significantly over what the City currently contributes to the Senior Center. Wes Olson explained the revenue sources for the Senior Center. He stated that $9,156 is the cost to the Senior Center over what the City contributes to keep their director. The Senior Center is requesting $1,000 amount until January 1, 2006 and then a commitment by the City to contribute $46,000. Wes Olson said the issue will come up again unless some kind of policy is put in place to provide a marketable wage and cost of living increases. Brian Stumpf asked if there were legal impacts for the City if they subsidize the Senior Center employee. City Attorney Tom Scott said the City is making a contribution to the Senior Center who makes distribution of the funds as they see fit. Brian Stumpf asked about the availability of fiends for the request. Rick Wolfsteller indicated 7 Council Agenda - 7/11/05 there would be general fund reserves that could be used. BRIAN STUMPF MOVED TO AUTHORIZE INCREASING THE CITY'S MONTHLY CONTRIBUTION TO THE SENIOR CENTER FROM $2,833 to $31833 A MONTH EFFECTIVE AUGUST 1, 2005 AND LOOK AT FUNDING WHEN THE 2006 BUDGET PROCESS BEGINS. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. In additional discussion, Wayne Mayer stated that his only problem with this request is that the Council has asked city departments to cut back while the Senior Center is asking for a fairly hefty increase. Glen Posusta stated he didn't want to get into personnel issues but questioned whether the current director would be committed to some kind of long term contract. Wayne Mayer asked what percentage of the senior center users were Monticello residents. It was estimated at 80% were Monticello residents, 7%-10% Big Lake residents and the remainder from Albertville, St. Michael and Buffalo. It was suggested that this type of information be provided to the Council at budget time. 11. Consideration of Fiber Optic Task Force update by Councilmember Mayer and discussion of possible authorization. Wayne Mayer stated that with all the construction that is taking place in the City, if the City should decide to proceed with the fiber optic system, the City should consider placing 4" conduit at various crossing points that are in construction areas. The estimated cost for each crossing point is $250. It was felt that the more crossings that could be done now, the more it would save in the fixture. WAYNE MAYER MOVED TO INSTALL THE CONDUIT PIPING FOR VARIOUS CROSSINGS IN CONSTRUCTION AREAS AS DETERMINED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Consideration of options to replace liquor store sign. Rick Wolfsteller updated the Council on the information received on replacing the liquor store sign. These preliminary drawings were included in the agenda packet. Rick Wolfsteller reviewed the costs for the various options. The price ranges were from $5,000 (lower the existing sign) to $75,000 (new sign structure and electronic reader board). Rick Wolfsteller addressed the sign height and noted it did not exceed that of other signs in the area. He suggested that if the height was the issues, the sign could be lowered at minimal costs. Clint Herbst stated he believed it was in the agreement with Towne Centre that this sign was to be removed. Staff stated that they were not able to find anything in the agreement that the City would remove the existing sign. Glen Posusta asked if the City paid for the Towne Centre sign which is located on the city property. Glen Posusta felt the City should install a reader board on the Towne Centre sign noting that the conduit is already in place. Glen Posusta stated that Council Agenda - 7/11/05 Vaughn Veit had agreed to remove the sign and dispose of it at no cost to the City. Brian Stumpf said the cost to replace the sign, makes the existing sign look pretty good. Joe Hartman, Liquor store manager was asked his recollection of the sign issue. He stated he did not recall anything about the existing liquor store sign being removed. He felt it would ludicrous for the City to remove their sign. Clint Herbst felt the that the existing sign was to be updated and Glen Posusta added his understanding was that there was some landscaping work that was agreed to be done. Glen Posusta stated he thought it was hypocritical for the City to say they need this sign, when they have denied other businesses the right to have a sign. He cited the recent denial of a sign for KIA as an example. Brian Stumpf argued that the City did not deny the sign because they didn't feel businesses should have signs but rather because the sign did not conform to the requirements of the ordinance. Jeff O'Neill added that KIA was denied an additional sign. The ordinance provides for one pylon sign and one wall sign. The KIA sign request was denied because they were asking for signs in excess of what the ordinance allowed. Glen Posusta reiterated his belief that the City was inconsistent with applying their sign ordinance. Clint Herbst stated he didn't believe the liquor store sign should be eliminated but rather removed and replaced with a sign that fits with the other signage in the area. The Council discussed the existing signage on the Towne Centre sign. Joe Hartman stated that one of the Towne Centre tenants had approached him about using space on the liquor store sign. It was suggested that City look at something like a single sign listing multiple tenants. Fred Patch stated that space below the existing Towne Centre sign is set up for a reader board and that Vaughn Veit had concluded that it was not necessary to have a reader board to advertise the Towne Centre tenants. Clint Herbst stated that the sign ordinance generates a lot of discussion and debate. Clint Herbst felt the existing liquor store sign should be removed and the Hi -Way Liquor Store part placed over the Towne Centre sign. Joe Hartman felt the Towne Centre sign was too far away. Glen Posusta said that is the same argument used by all businesses. Clint Herbst suggested the Council hold off on making a decision on this. Clint Herbst and Glen Posusta will meet with Joe Hartman and come back to the Council with recommendations. Joe Hartman suggested that the Council drive past there and look at what the sign for Towne Centre does and doesn't do and the what the existing liquor store sign does and doesn't do. Fred Patch asked on the existing sign structure if brick could be placed around it. Fred Patch said that placing another sign on top of the Towne Centre sign would not be structurally sound. This item will come back at the next Council meeting. 13. Consideration to provide direction to City staff regarding ordinance enforcement at Hillcrest Circle. Fred Patch stated that with code enforcement, the complainant and investigative matters are not normally open to the public and asked the City Attorney if the City was free to continue this Gf Council Agenda - 7/11/05 discussion. Since the complainant came forward in the public forum to register the complaint Tom Scott felt in this case the City could go forward with the discussion. The specific complaint dealt with race cars and a semi -trailer being parked in a residential area. Fred Patch noted with both these items, the ordinance is not clear. The City's ordinance does not specifically address race cars or defines them as a recreational vehicle. Brian Stumpf asked if the cars were parked on the trailer. The cars are some times on the trailer and sometimes not. Wayne Mayer asked if anyone had checked with the DMV to see if it is possible to license a race car. If a race car is defined as a recreational vehicle, like a boat or ATV they can be stored outside. If it is vehicle that is licensed it can be stored outside. Otherwise it would have to be stored inside. Carrie McDougall, 101 Hillcrest Circle, is the owner of the race cars in question and she brought pictures showing the cars and the trailer they are stored on. She contended that the race cars are not a rusted out piece of junk that should be considered a blight but rather they are well maintained good looking cars that are used for a recreational purpose. She stated her trailer is licensed and if she could license the race cars she would do so. Wayne Mayer asked the City Attorney if the City is treading where they shouldn't be by telling the property owner they cannot store their possession on their property, even though it is neat and well-maintained. Wayne Mayer asked if the neighborhood was more concerned about the race cars or the fact that they were parked on the trailer. Carrie McDougall stated that only one property owner had complained about it. Tracy Revering, 1802 West River Street stated she has a dog and the police have stopped by because someone has complained about the dog. She stated there is one person in the neighborhood who complains about everything. Carrie McDougall stated when they are not racing the cars, one car is stored in the garage and one is stored on the trailer. She reiterated that this is a recreational vehicle that is stored in their yard, not left out in the street. Fred Patch, Building Official would like to get direction from the Council on how this should be addressed. Fred Patch suggested coming up with options that would cover it. Glen Posusta asked the residents present, if they were selling their house, would they move the trailer. The residents responded that they saw no reason they should put their life on hold because someone is selling a house. The semi parked in the residential area was then discussed. Fred Patch stated that in 2000 the Council looked restricting any vehicle in excess of 9000 lb GVW from being parked in a residential district. The Sheriff s Department stated that this was not enforceable because the only way you could truly determine which vehicles exceed the 9000 lbs GVW was to weigh them which was not practical. One suggestion that was considered at that time was to look at licensing type and then restrict any vehicle with a license sticker above an E from the residential areas. The Council tabled acting on the proposal at that time 10 Council Agenda - 7/11/05 Clint Herbst stated that when a person comes home, they should be way from the things that imply commercial or industrial activity and dump trucks and semi were not residential in nature. He felt it was more appropriate to drive to your truck rather than have the truck parked in a residential area. Fred Patch noted that there are a number of similar type situations within the City. Wayne Mayer asked how other cities handled this. Tom Scott said the City could try define the type of vehicle that would be allowed in residential areas either by licensing or some other method and amend the ordinance to reflect that. Clint Herbst said there is a fine line between owning a piece of property that you use the way you want and doing things that are appropriate for the neighborhood. Jessica Bechtold, 101 Hillcrest Circle stated that the vehicle is licensed, insured, it is the employer's truck and it is five ton axle weight. She stated that no other residents in the area have complained about the truck being parked there. Chris Larson, 1702 West River Street, who also has a semi truck stated that the semi truck is only there in the evening. It is not there during the day or on the weekends. The noise is not an issue since it does not make any more noise than a diesel pickup truck. The Council stated they are dealing with a number of complaints by residents. The question is what the City could do that is reasonable and does not infringe on the rights of the individual. Glen Posusta felt construction vehicles do not belong in residential neighborhoods. He noted that even in areas designated for this type of activity, the City receives complaints citing Jay Morrell Trucking as an example. Beth Larson, 1702 West River Street, stated their back yard is along County Road 75 and they hear vehicles all night. Her husband's truck comes home and is shut off and no one hears it all night. Paulette Conroy, 104 Hillcrest Circle stated that noise has not been an issue. She came to the Council because of feedback from realtors and potential buyers about what was in the neighborhood. She said they have been upfront and honest with their neighbors on this issue. She stated this a visual thing. Monticello is in competition with other communities to attract home buyers and what kind of image are we presenting to potential residents. Steve Conroy stated that the Council should drive through the neighborhood and see what kind of impression they get. The Council is being asked to set some community standards that are enforceable and to amend or modify the ordinance in whatever way necessary to make it enforceable. Clint Herbst stated that he had received a letter from a resident in another area of town discussing the same problem. He said the City needs to look at the ordinance and make it enforceable and then actively pursue those who violate the ordinance. Council Agenda - 7/11/05 Tim Caouette, author of the letter referenced by Mayor Herbst, noted his primary concern is safety because the semi is parked on the street making visibility an issue. Wayne Mayer said, "Some of us like to talk a lot and others of us up here listen and absorb before we make a decision and my comment is this: If we have ordinances on the books that are unenforceable do one of two things; get them off the books or lets amend them and make them right." Tom Scott said there are two issues; 1)commercial vehicles in a residential area; and 2) recreational vehicles in a residential area. Staff could look at coming up with some kind of language for the ordinance that is clear enough to make the ordinance enforceable and bring it back to the Council. TOM PERRAULT MOVED THAT STAFF ENFORCE WHAT IS IN PLACE NOW AND LOOK AT THE OPTIONS PROPOSED IN 2000 AND WITH A POSSIBLE ORDINANCE AMENDMENT TO THE PUBLIC NUISANCE ORDINANCE AND RECREATIONAL VEHICLE ORDINANCE TO ADDRESS RACES CARS AND HEAVY TRUCKS IN RESIDENTIAL NEIGHBORHOODS. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. d r dad Tta me Heritage Tour: Jeff O' Neill stated that Heritage was proposing a tour of some developments to show how upscale developments could take place on 50'-60' lots. Planning Commission, Council and staff would be invited to tour these developments. It is proposed that this tour would take place on either July 20" or July 22nd. The consensus of the Council was that the July 22nd would probably work best for them. Riverside Cemetery Mowing: Clint Herbst asked how often the cemetery is mowed. John Simola stated that the contract gives leeway on how often the contractor mows. The City budgeted for ten mowings a year. Staff monitors that and can exercise discretion on increasing or reducing the number of times the cemetery is mowed. Clint Herbst directed John Simola to check into this. Pavers - School Boulevard: WSB & Associates had supplied information on the cost of landscaping and paver bricks for the entrance to Jefferson Commons. The landscaping work would be done by Public Works staff. A drawing showing the areas for pavers was submitted and based on the drawing if all the pavers were installed the estimated cost would be $90,626.25. It was suggested doing that portion between the sidewalks and curbs. This work would be done in lieu of an entrance monument for Jefferson Commons and is basically an entrance treatment for the area between TH 25 and Deegan Avenue. If the pavers are not put in the City would seed that area. Clint Herbst asked how the pavers in other areas are holding up. John Simola said the sealing has been working well but there has been some settlement of the pavers. 12 Council Agenda - 7/11/05 The Council discussed which areas they felt could be removed from paver installation. There was discussion on where sidewalk and trail was located in this area. It was asked if this was going to be a change order to the existing contract. John Simola indicated that the contractor had given a them a price of $13.75/ft. Culver's felt it was important to them to dress up that corner. John Simola stated they don't have a cost yet for the trees and shrubs. GLEN POSUSTA MOVED TO APPROVE THE PAVER PLAN WITH SECTIONS 8 AND 4 BEING REMOVED AND SECTIONS 3 AND 7 BEING SCALED BACK BY 50% AND PUTTING CONCRETE ON BOTH SIDES AT SOME POINT IN THE FUTURE. John Simola said the way it is set up is pathway on the south and sidewalk on the north. Glen Posusta withdrew his motion as he felt the Council needed more information before making a decision. Glen Posusta suggested looking at colored concrete or exposed aggregate as opposed to pavers and to get prices for all options. 14. Approve payment of bills for July Tom Perrault had a question on a bill from Determan Brownie. Glen Posusta questioned the purchases at Schulte's Greenhouse and Tatanka Gardens. John Simola stated that volunteer had purchased materials at Cedar Street Gardens but they didn't have enough in stock so the balance of the stock needed was purchased from other sources. Glen Posusta said volunteers should be informed of the City's desire to purchase locally. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 1-5. Adjourn Mayor Herbst adjourned the meeting at 10:10 p.m. Recording Secretary 13