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City Council Minutes 07-23-2007 Council Minutes: 7/23/07 AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday July 23, 2007 - 7 p.m. Mayor: Clint Herbst Council Members: Wayne Mayer, Tom Perrault, Brian Stumpf 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 9. 2007 Rel!.ular Council Meetinl!.. Susie Wojchouski clarified that on #5C, Page 3 that proceeding with getting a purchase price was not the same as obtaining an appraisal. Tom Perrault noted some typographical errors and also pointed out that in the discussion of River Fest that the parking for the wedding being held at the Community Center would be at the liquor store parking lot. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE JULY 9, 2007 REGULAR COUNCIL MEETING WITH THE CHANGES NOTED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of addinl!. items to the al!.enda. The following items were added to the agenda: 1) West 7th Street; 2) Comprehensive Plan; 3) Update on a notice by Xcel Energy to proceed with a new high voltage transmission line; and 4) Four way stop at Fallon and School Boulevard. Brian Stumpf asked if anyone objected to item #11, Placement of informational signs relating to the noise ordinance being placed on the consent agenda. BRIAN STUMPF MOVED TO PLACE ITEM #11, CONSIDERATION OF PLACING 6 INFORMATIONAL SIGNS RELATING TO THE NOISE ORDINANCE ON THE CONSENT AGENDA AS ITEM #5J. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4. Citizen comments. petitions. reauests and concerns. Kristina Nelson, 8867 Farmstead Avenue spoke to the Council about the proposed pathway for Fallon A venue. She had done a personal head count ofthe children who would be likely to use Fallon Avenue to get to Little Mountain Elementary School and she was asking the Council's support in authorizing a feasibility study for the installation of the pathway. Veronica Anderson, 9181 Oak Rive Drive spoke to the Council about a number of concerns. She noted that people are still going down the former off ramp from the interchange even though it is barricaded. She felt the speed limit in that area should be reduced from 45 mph to 35 mph. She also brought up a nuisance issue regarding a dumpster in the area that was I Council Minutes: 7/23/07 full but not enclosed. The dumpster has been sitting out for over two weeks but nothing has been done about it. On the issue of the old off ramp, Clint Herbst responded that this road would be used for a period of time when the state will be doing some work on 1-94. After that time the old off ramp would be removed. Bruce Westby, City Engineer, added that the segment of road is still under the jurisdiction of the state so the state would have to make the determination on reducing the speed limit in the area. He felt it would be unlikely that the speed limit would be changed until after the state is done using it as an access to the freeway. Building Inspector D.J. Hennessey reported he had gone out to the site today and had issued a notice. The dumpster will need to be gone within 48 hours. Veronica Anderson also discussed the rental housing in the area and the problems they are experiencing with them. Clint Herbst stated that consideration of an ordinance regulating rental property was being considered by the Council at this meeting. The Council congratulated Charissa Pederson on her selection as the Aquatennial Queen of the Lakes. S. Consent Al!:enda: A. Consideration of ratifying hires and departures MCC and Liquor Store. Recommendation: Ratify hires and departures for MCC and Liquor Store as identified. B. Consideration of approving monthly renewal of Walt's Pawn Shop License. Recommendation: Approve the renewal of the pawn shop license for Walt's Pawn Shop for another month. C. Consideration of approval of contribution for 2007 Block Party. Recommendation: Adopt Resolution No. 2007-56 approving the contribution to 2007 Block Party. D. Consideration of accepting final plans and specifications for Tower Drive Improvements, City Project No. 2007-08C and authorizing project bids. Recommendation: Approve plans and specifications for improvements to Tower Drive, City Project No. 2007-08C and authorize advertising for bids. E. Consideration of approval of a request for a conditional use permit for Open and Outdoor Storage: Applicant: General Rental Center of Monticello, LLC. Recommendation: Move to approve the conditional use permit for open and outdoor storage based on a finding that the proposed use is consistent with the intent of the 1-2 District and the use satisfies the conditions of approval subject to the following conditions: I) Any lighting proposed for the site shall be full cutoff lighting, in compliance with the standards of the Zoning Ordinance; 2) No retail sales may be conducted on the proposed site; and 3) The applicant shall install the brown, metal fence proposed and not construct a fence of an alternate design. F. Consideration of approving the purchase of new lockers for the MCC men's locker room. 2 Council Minutes: 7/23/07 Recommendation: Authorize the purchase of replacement lockers for the men's locker at the Community Center. G. Consideration of approving resolutions correcting errors in street and easement vacation documents for Monticello Big Lake Hospital expansion. Recommendation: Adopt Resolutions No. 2007-54 and 2007-55 correcting Resolutions No. 2007-40 and 2007-39 which vacated a portion of Hart Boulevard and Dayton Street. H. Review of proposals for street lighting Chelsea Road East, Project No. 2006-31 and consideration of award of contract. Recommendation: Award the contract to Wright Heunepin Response in the amount of$141,816.00 for the Chelsea Road Lighting Project No.2006-31C. 1. Consideration of authorizing feasibility report for pathway along Fallon Avenue from Farmstead A venue to School Boulevard. Recommendation: Authorize the preparation of a feasibility report for constructing an off-road pathway along the west side of Fallon Avenue from Farmstead Drive to School Boulevard. J. Consideration of placing 6 informational signs relating to the noise ordinance. Recommendation: Authorize installation of six (6) noise ordinance enforcement signs at the locations specified above. On item #5F, Tom Perrault felt the wording should be changed to authorize the replacement of the lockers at a price not to exceed $32,000. Items #5E, #5G, #5H and #51 were removed from the consent agenda. BRIAN STUMPF MOVED TO APPROVED THE CONSENT AGENDA CONSISTING OF ITEMS #5A, #5B, #5C, #5D, #5F, AND THE ADDITION OF ITEM #11 AS ITEM #5J. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent al!enda for discussion. #5E Conditional Use Permit for Open and Outdoor Storage for General Rental Center. Clint Herbst asked if the applicant was in compliance with what they have now. He also questioned what the lighting was for. Staff indicated that the outdoor storage area was a way to clean up some of the issues with the site. It was noted the Public Works Department and the Building Department have been monitoring the site and will be looking at it again if the outdoor storage is approved. Ron Cihos of General Rental explained the lighting would be security lighting. He noted loading and unloading would be done in a different area. Jeff O'Neill pointed out the concern of parking spaces being utilized for uses other than parking. CLINT HERBST MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR OPEN AND OUTDOOR STORAGE BASED ON A FINDING THAT THE PROPOSED USE IS CONSISTENT WITH THE INTENT OF THE 1-2 DISTRICT AND THE USE SATISFIES THE CONDITIONS OF APPROVAL WHICH INCLUDE I) ANY LIGHTING PROPOSED FOR THE SITE SHALL BE FULL CUTOFF LIGHTING IN COMPLIANCE WITH THE 3 Council Minutes: 7/23/07 STANDARDS OF THE ZONING ORDINANCE; 2) NO RETAIL SALES MAY BE CONDUCTED ON THE PROPOSED SITE AND 3) THE APPLICANT SHALL INSTALL THE BROWN METAL FENCE PROPOSED AND NOT CONSTRUCT A FENCE OF AN ALTERNATE DESIGN. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5G Resolution correcting errors in vacation documents for Monticello Big Lake Hospital expansion. Clint Herbst questioned whether the pathway had to be handicapped accessible. Jeff O'Neill stated he believes the agreement is worded so that the pathway has to meet whatever ADA requires. CLINT HERBST MOVED TO APPROVE RESOLUTIONS NO. 2007-54 AND 2007-55 CORRECTING RESOLUTIONS NO. 2007-40 AND 2007-39 VACATING A PORTION OF HART VOULEV ARD AND V ACA TING A PORTION OF DAYTON STREET. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5H Review of proposals for street lighting for Chelsea Road East, Project No. 2006-31 C. Tom Perrault questioned the need to put in the lights right away. He would prefer to see the area developed before the lights are put in. Susie Wojchouski asked if the streets lights are an assessment item. John Simola responded that the City could wait with this project but the cost would be more because more restoration work would have to be done. The City would like to get the conduit and wire in before the development takes place. John Simola said the City could delay installing the poles but he felt that would just increase the cost of the project. Tom Perrault asked what happens if the property develops and the light poles needs to be moved. Who pays the cost of relocating the pole? John Simola replied that the property owner would be responsible for that cost and he is aware of only instance where that happened. The cost will be paid for in part from the franchise fee surcharge but the City needs to look at assessing at least a portion of the cost. John Simola stated the street lights were part ofthe original public hearing. He recommended that the Council adopt a policy at some point in the future covering the assessment of street lights because the franchise fee will not cover all the street lighting costs. Rick Wolfsteller stated the City cannot pay for all the street lighting in undeveloped areas. There is not that much revenue from the franchise fee for that. John Simola pointed out some of the anticipated street lighting projects identified in the 5 year capital improvements program. Because of the cost of these projects he felt the City needed to be assessing at least a portion of the costs. The franchise fee has only been collected since June. For this year the franchise fee money was suppose to cover other expenses related to street lighting and was not designated for the construction of this project. Clint Herbst felt the City should be looking at what the construction time frame is on Chelsea Road. The road should be blacktopped by October. Wayne Mayer noted 6 lights were proposed on the north side of Fallon Avenue and asked if this lighting was sufficient to light the pathway. John Simola indicated there would be some spillover lighting but not enough to light the pathway entirely. Adding pathway lighting would add significantly to the cost. 4 Council Minutes: 7/23/07 WAYNE MAYER MOVED TO TABLE ACTION ON THE PROPOSALS FOR STREET LIGHTING ON CHELSEA ROAD EAST. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. John Simola asked about the conduits that were going to be put in as part of the project. Did the Council want him to work with the contractor to proceed with doing the conduit work or did the Council want nothing to proceed on the project at this time. John Simola pointed out that they are only proposing to put in the crossings for fiber. Wayne Mayer directed that the conduit be put in across the driveways. John Simola said the wire should go 3'-4' behind the curb. Fiber optic generally goes in the property easement area not in the boulevard area. The crossings would be installed within the right of way area. #51 Feasibility Report for pathway along Fallon Avenue: Tom Perrault stated on Farmstead Drive there is a pathway that ends right in the park and he asked ifthat pathway is going to be extended through the park. Bruce Westby said that was not part of the proposal. Jeff O'Neill concurred that there was no plan to extend the pathway through the park. Tom Perrault felt that extending the pathway through the park might be just as close as the proposed route. Bruce Westby said the concern was that children in the area would not take Farmstead but would take the shorter course and that is why the engineering design was to take it down Fallon Avenue. Brian Stumpf asked if this would affect the road reconstruction on Fallon Avenue. Bruce Westby said it would stay in the park and not affect the reconstruction project. Bruce Westby said in the future it is proposed to have pathway on the east side of Fallon A venue also. Rick W olfsteller asked about funding and indicated if money needs to be levied for this improvement, the City should be budgeting for it. Brian Stumpf asked about ISTEA or other available grants. Bruce Westby noted the Save Route to Schools funds are available but he was not sure when the application period is for those funds. Wayne Mayer asked if the pathway is on the City's pathway system or is it just an attempt by the City to react to the action of the school. Bruce Westby said the 1997 Comprehensive Pathway Plan shows a pathway on both side of Fallon Avenue. Kristina Nelson stated that putting a pathway along Farmstead would double the walking time for the children. She added that the older children will use Fallon Avenue anyway because it is shorter. Brian Stumpf noted the feasibility report is being done in house and asked when the Council could expect to receive the feasibility report. Bruce Westby responded that he anticipates having it on the August 13,2007 agenda. Wayne Mayer asked if the pathway was to be built would this segment be on the grid system and be covered by the City snow and ice removal policy. CLINT HERBST MOVED TO AUTHORIZE PREPARATION OF A FEASIBILITY REPORT FOR CONSTRUCTING AN OFF-ROAD PATHWAY ALONG THE WEST SIDE OF F ALLON AVENUE FROM FARMSTEAD DRIVE TO SCHOOL BOULEVARD. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. At this point Mayor Herbst moved item #12 forward on the agenda. 5 Council Minutes: 7/23/07 12. Consideration of approval to hold a special election for a telephone exchanl!:e as part of the Fiber Optic Network. Jeff O'Neill provided an update on the item. The Council is being asked to approve a special election on the acquisition of a telephone exchange for the fiber optic system. Jeff 0 'Neill outlined reasons for holding the referendum. If the referendum is approved it is less likely that there will be a legal challenge to the City's involvement in telephone services. It may also improve the financing picture for the project. If there is 65% approval, the voters would have approved having a switch located in Monticello, which is the option the Fiber Optic Committee feels would be best. It would allow for more control over the operation as well a giving the voters an opportunity to weigh in on the issue. The tentative date for the referendum is September 18, 2007. Because the City is going this route, there is a need to educate the public about the issues involved. Clint Herbst noted that the City doesn't have to take this route but it was felt that it would be a good way to get public input on the proposal. BRIAN STUMPF MOVED TO APPROVE HOLDING A SPECIAL ELECTION FOR A REFERENDUM TO ALLOW THE CITY TO CONSTRUCT, PURCHASE OR ACQUIRE A TELEPHONE EXCHANGE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. The Council then moved item #10 up on the agenda. 10. Consideration of acceptinl!: Feasibilitv Report for 6th Street Pedestrian Facilitv Improvements. Bruce Westby reviewed the history of this project. The Council accepted the initial feasibility report on September 11, 2006. However the Council directed staff to conduct an informational meeting with the residents in the area. This informational meeting was held on July 17, 2007 with 3 of the 42 affected residents in attendance. Staff was directed to place the pathway on the north side of 6th Street and to bring the report back after getting input from the property owners. The concerns expressed by the property owners were replacement oflandscaping, loss of green space, getting advance notice ofthe project so that landscape and irrigation systems could be moved back, and increased foot traffic in the area. If a retaining wall is required, the residents would like to have some input on the color and design of the wall. Bruce Westby said the intent was to provide a minimum of5' and a maximum of 10' of boulevard. The walkway that is in place is at 5' and there are problems with snow removal and storage. There is one tree located on the east side of Vine Street and north of 6th Street that is proposed to be removed. Brian Stumpftalked to residents at 6th and Vine who had concerns about the retaining wall and how steep it would have to be. According to Bruce Westby the height of the retaining wall would be 2'-3'. Brian Stumpffelt ifthis project proceeds, it should be done with the least amount of disruption for the people living in the area. Public Works Director, John Simola pointed out that when sidewalk is placed on the grid system that determines how the sidewalk is assessed. Anything on the grid system is assessed 6 Council Minutes: 7/23/07 25% and the City picks up the remaining 75%. He believes the Council is under the assumption that anything on the grid system is maintained by the City but that is not the case. The grid system determines how it is assessed not who maintains it. John Simola suggested that at another meeting the Council may want to look at the entire system and see what part of the sidewalk grid system they want the City to maintain. Bruce Westby stated with this project the City would like to get as much boulevard area as possible for snow removal and storage. Of the 42 property owners notified approximately half are proposed to be assessed. Bruce Westby clarified that alternate #2 in addition to placing this segment on the grid system would require the City to maintain the sidewalk. The resident at 707 6th Street West stated her concerns about the loss oflandscaping and loss of the use of a portion of her yard. The project will interfere with some plans for their property. She noted that even if the landscaping is replaced it will not be at the height and size of the present landscaping therefore resulting in a loss of privacy. She was also concerned about the cost of the project. Because they did not ask to have the project put in she did not believe they should pay for it. Brian Stumpf noted that 75% of the cost would be picked up by the City and the 25% of the cost assessed. The assessment amount for the individual properties would be known at the assessment hearing which is conducted when the project is completed. The property owner felt the assessment should be split among all who use it. Brian Stumpf noted other residents in the area had been assessed for the existing sidewalk and he didn't want to see this assessment split out among those who had previously been assessed. The Council directed Bruce Westby to look at how the assessments could be allocated. Wayne Mayer suggested Bruce Westby investigate ways of possibly saving some ofthe bushes and landscaping. Bruce Westby will look at options and bring them back to the Council. Ben Miller 707 6th Street asked about running the sidewalk north along Minnesota Street. Clint Herbst felt when 7th Street is put through it will take a lot of the traffic off of 6th Street. Brian Stumpf said the reason they came down 6th Street is because the sidewalk stops at mid- block. This project would finish off the section and tie in with Elm Street and County Road 39. A resident on Vine Street had concerns about safety aspects and questioned what liability she would have from kids getting hurt playing on or falling off the retaining wall. She was also concerned about the increase in foot traffic in the area. Brian Stumpf responded that the sometimes when there is more traffic, people are more aware about what is happening in the area. Rick Wolfsteller asked where the 75% of$158,000 that would be the City's portion was coming from. Would it be assessments, park funds, or some other fund? BRIAN STUMPF MOVED TO ACCEPT THE FEASIBILITY REPORT FOR CITY PROJECT NO. 2006-28C, ORDER THE PUBLIC HEARING FOR AUGUST 13, 2007 AND ADD THE SIDEWALK IMPROVEMENTS TO THE CITY'S GRID SYSTEM AND DIRECT STAFF TO CONDUCT A WORKSHOP ON WHAT P A THW A YS THE CITY ARE CURRENTLY CLEANING SNOW OFF OF AND WHAT OTHER PATHWAYS 7 Council Minutes: 7/23/07 SHOULD BE CONSIDERED FOR MAINTENANCE. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT AND SUSIE WOJCHOUSKI VOTING IN OPPOSITION. Tom Perrault felt it was premature to proceed at this time and felt it would be better to wait until the Ruff property developed. Susie Wojchouski felt because the financial and budget constraints now might not be the best time to proceed with the project. 7. Public Dearin!! on delinQuent utility assessments and certification of amounts to County. Mayor Herbst opened the public hearing on the delinquent utility assessments. No one was present who spoke for or against the proposed assessment. Mayor Herbst then closed the public hearing. BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE DELINQUENT UTILITY CHARGES AS PRESENTED. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. The Council then moved item #9 up on the agenda. 9. Department Dead Report - Animal Control. Patty Salzwedel, Animal Control Officer, was present at the meeting to provide a report to the Council on animal control activities. The Council received a written report identifying the numbers and types of animals picked up for each contract community and the amount of revenue generated in boarding fees and disposal fees. Patty Salzwedel then answered questions from the Council. Clint Herbst stated that at a Mayor's meeting there was concern expressed about having some kind of centralized animal control. Patty Salzwedel indicated at the Monticello facility the animal is held 7 days at which time if it is not claimed it is put up for adoption through Crossroads Animal Shelter or similar facilities. She noted she deals mostly with picking up cats and dogs with an occasional wild animal. However most of the wildlife animal problems she refers the property owners to a firm who specifically deals with wildlife. The Council discussed after hours procedures for bringing in stray dogs and cats. Patty Salzwedel indicated that the Wright County Sheriff's Department has a key for the facility. While the Sheriff's Department will not transport animals to the facility they can make arrangements to meet with the person bringing in the stray and open the facility for them. The Council felt that the Sheriffs Department personnel was not fully aware of the procedure and suggested that the information be provided to them again and perhaps even a copy of the procedures placed in their office at City Hall. Susie Wojchouski asked about the fees. Patty Salzwedel indicated that the boarding fee is $13/day. If the owner reclaims the dog, the owner pays the boarding fees and disposal fee. If the dog is not claimed these fees are charged to the contract community. Susie Wojchouski asked if the owners of stray animals are notified when their pet is brought in. Patty Salzwedel stated that if there is a means to identify the owner of the pet, she does contact them. 8 Council Minutes: 7/23/07 8. Consideration of adoption of ordinances relatin!!: to rental housin!!:. At a previous workshop, the Council reviewed the proposed ordinances and fee schedules relating to regulation of rental housing. A number of issues that came up at that workshop were addressed and the matter was now back to Council for their approval. D.J. Hennessey reviewed the items from the workshop. He clarified how the rental ordinance would apply to foreclosed property that is temporarily in the hands of the lending institutions noting that if the property was a rental property at the time the bank takes possession of it and if the tenant pays the rent to the bank, then the bank would be required to get a license. Another issue brought up at the workshop was the three strike rule. The time frame was extended to 3 violations within a 12 month period. The three strike rule does not include any violation of the IPMC (International Property Maintenance Code). It only applies to conditions on the licensed premises. Any action to suspend or revoke a license for non- compliance would have to be approved by the Council. Tom Perrault had further questions on the three strike rule asking if it applied to everything or was it based on number of police calls or citations issued. DJ. Hennessey said stated that at the point where a citation is issued that is the point it is considered a violation and is counted as a strike. D.J. Hennessey emphasized that it is up to the landlord to work with the City to get the illegal activities stopped. Those landlords that do not work with the City will, through means of the ordinance, be forced to comply. The issue of multiple inspections by various entities was also brought up at the workshop. City staff in discussing inspection requirements with HUD and MHF A learned that the MHFA does the inspections for HUD as well. Staff was told that these agencies would accept a city inspection in lieu of a HUD or MHF A inspection. The frequency of inspections was discussed further. The City could have the common area for apartments inspected one year and the alternate year all apartment units could be inspected. It was felt that the City might want to go on an odd-even inspection cycle. Housing units having an even number street address would be inspected one year and those with an odd numbered address inspected the next year and the common area would be done every year. Brian Stumpf felt that some of the provisions in the ordinance may have to be modified but he felt it was a good starting point. He felt the City might be biting off more than it could chew as far as staff time. Wayne Mayer felt that Section 4-4-2 of IPMC was not explicit and should detail that the provisions apply to all rental housing. Wayne Mayer also questioned section 303.2 dealing with enclosures around spas, pools etc. exceeding 24 inches in depth. He stated that based on 24 inches many of the smaller pools sold at the stores would require an enclosure. D.J. Hennessey stated that Section 303.2 was replaced and the language about the pools and enclosures was from the City's zoning ordinance. Wayne Mayer also questioned 304.14 which requires any door, window or outside opening required for ventilation of habitable rooms, food preparation areas or areas relating to food processing, packaging or consumption shall have an approved screen. He asked if this provision was meant to apply to only 9 Council Minutes: 7/23/07 restaurants or to all properties. Wayne Mayer felt the language was vague and that the vague language made the provisions open to interpretation. He would prefer to see things spelled out in black and white. Tom Scott said if the Council decides how they want it applied they can make the change in the language to reflect that. Wayne Mayer asked if there was any way the ordinance could be implemented on a trial basis before it is adopted as an ordinance. Wayne Mayer said he wants to make sure the ordinance is enforceable. Tom Scott indicated that the City could not do this on a trial basis. He said the City puts the ordinance in place and if after time the City finds the ordinance does not work the ordinance can be amended or repealed in party or in its entirety. Wayne Mayer asked that section 304.14 be clarified before the agenda item is voted on with the clarification being that this provision applies to commercial areas only. There was further discussion on section 303.2 with Clint Herbst feeling that the pool depth should be changed to 48 inches before requiring an enclosure. Tom Scott said since this provision is part of the City's zoning ordinance, the zoning ordinance would have to be amended. An amendment to the zoning ordinance requires a public hearing. Tom Scott suggested that instead of including the text of3-2FI0 in section 303.2 they could just allude to the section of the zoning code and then at some point amend the zoning ordinance to reflect the Council's desires. Tom Perrault expressed concern about the misdemeanor provision and Wayne Mayer also expressed some discomfort with the City being property police. Gary Anderson, Building Official responded that it is their intent to use common sense and it is not the big arm of the City coming down on the landlords. The City will be working with the landlords to bring the property into compliance. The misdemeanor provision will only affect the few bad apples that may be in the system. Brian Stumpf said to achieve compliance, education is a more effective tool than coming down as the enforcer. SUSIE WOJCHOUSKl MOVED TO APPROVE THE ADOPTION OF CITY ORDINANCE TITLE 4, CHAPTER 4" ADOPTION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE" WITH THE CHANGE TO SECTION 303.2 THAT REFERENCES SECTION 3-2FI0 OF THE ZONING ORDINANCE BUT NOT INCLUDING THE TEXT OF THE PROVISION AND THAT SECTION 304.14 IS CLARIFIED TO STATE THAT THE SCREENING REQUIREMENTS APPLY TO COMMERCIAL AREAS ONLY AND APPROVE ADOPTION OF ORDINANCE TITLE 3, CHAPTER 16 "RENTAL HOUSING LICENSING PROVISIONS' WITH AN AMENDMENT TO THE 2007 FEE SCHEDULE ESTABLISHING FEES FOR THE LICENSING AND INSPECTINOF RENTAL PROPERTIES PURSUANT TO CITY CODE TITLE 3 CHAPTER 16 WITH THE MOTION BASED ON THE FINDNG THAT ADOPTION OF THE ORDINANCES WILL PROVIDE STANDARDS FOR CONDITIONS ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY AND FIT FOR OCCUPATION AND USE. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. 10 Council Minutes: 7/23/07 11. Consideration of placin!! 6 informational si!!ns relatin!! to noise ordinance. Add to the consent agenda as #5J. 13. REMOVED FROM AGENDA 14. Review of bids for replacement of Parks Department 1995 Toro 325 Mower and consideration of purchase. Park Superintendent, Seth Nelson, provided information about the 1995 Toro 325 mower. The mower is 12 years old and has 3300 hours on it. The mower is a two wheel drive and they would be looking at a model with four wheel drive. The four wheel drive is more practical as far as snow removal. Seth Nelson stated that if the City decides to keep this piece of equipment there is some work that needs to be done to it such as new spindles, belts, hydraulic seals, hoses, windows and cab repair. It was his recommendation that the Toro 325 be traded in and to purchase a new Toro mower. The Toro brand has worked well for the City. Having the same brand mower also allows some flexibility as far as interchangeable parts, etc. Clint Herbst pointed out that in the union negotiations there was mention made of the possibility that more work may be contracted out. He also felt that if the City purchases the equipment it should be something that can be used year round. Wayne Mayer asked if the Council could condition approval of the replacement contingent upon resolution of the union negotiations. WAYNE MAYER MOVED TO PURCHASE THE TaRO 328-X 4X4 FROM MTI DISTRIBUTING AND TRADE IN THE 1995 TaRO 325-D 2X4 FOR A TOTAL PRICE INCLUDING TAX AND TRADE OF $29,236.38 CONTINGENT UPON COMPLETION OF NEGOTIATIONS WITH THE UNION. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added items: Comprehensive Plan: Tom Perrault asked the status of this since there was supposed to have been a joint meeting with the Planning Commission over a month ago. Jeff O'Neill reported that a rough draft had been made available for review by staff and modifications are being made to the draft. West 1h Street: Tom Perrault noted that East 7th Street is striped but West 7th Street is not and wondered what the reason was for that. Bruce Westby said that staff is looking at this now and will be coming up with a striping layout. Proceeding with electric power transmission line: A letter has been received from Xcel Energy indicating that they are proposing to construct a transmission line north between Monticello and Fargo, North Dakota with the possibility that the line could be terminated just east of St. Cloud. Stop sign at Fallon Avenue and School Boulevard: Clint Herbst noted that there is demand for a 11 Council Minutes: 7/23/07 four way stop sign at this intersection and asked what harm there would be in installing it. Bruce Westby stated the City did receive a petition from residents in the area so there is a great deal of local support for the installation of the sign. Staff is in the process of determining whether the intersection meets the warrants for a four way stop. Bruce Westby stated the harm of placing the stop sign is that it impacts the functional classification ofthe road. He has not looked at how this would impact the City's Transportation Plan. If you erect the sign it should be a permanent four way stop. Clint Herbst suggested staff look at this and come back with a recommendation at the next meeting. Bruce Westby said they will bring a recommendation back at the August 13,2007 Council meeting and he felt if the Council acts on this it should move forward quickly so that it is in place before school starts. Clint Herbst asked about the four way stop at Culver's and Muller Theater. Staff indicated this will be considered at the next meeting Rick Wolf steller: Clint Herbst pointed out that this would be Rick Wolfsteller's last Council meeting. Clint Herbst commended him on his 32 years of service to the City and stated it was hard to express how much the City and its staff appreciated his service and his expertise in financial matters. 15. Consideration of approvinl! payment of bills for Julv 2007 BRIAN STUMPF MOVED TO APPROVE PAYMENT OF BILLS. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Tom Perrault questioned the engineering costs on a statement for services provided in May. Three individuals submitted during that time frame submitted hourly totals of 165.5, 155 and 164.5. Tom Perrault questioned why those hours were so high. Phil Elkin from WSB indicated that at that time Shibani Bisson was on leave and that the individuals mentioned picked up her work. In addition during this period they were working on design phase for plans on three city projects which is labor intensive. He did not believe these would normally be the hours worked. 16. Adiourn. The meeting was adjourned at 9:45 p.m. O~'Y\ h-..A..<:>:S ~ "- Recording Secretary ~ 12