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City Council Minutes 08-27-2007 Council Minutes: 8/27/07 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday August 27, 2007 -7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski. Members Absent: None 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. 2A. Approve minutes of AUl!ust 13. 2007 Rel!ular Council Meetinl!. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE AUGUST 13, 2007 REGULAR COUNCIL MEETING. SUSIE WOJCHOUSKl SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of AUl!ust 22. 2007 Special Council Meetinl! - Hudl!et Workshop SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE AUGUST 22, 2007 SPECIAL COUNCIL MEETING ON THE 2008 BUDGET. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH CLINT HERBST ABSTAINING. 3. Consideration of addinl! items to the al!enda. The following items were added to the agenda: I) Update on audio equipment; 2) Comments on fiber optics; 3) Trees and/or berms at Taco John's; and 4) Update on noise ordinance. 4. Citizen comments. petitions. requests and concerns. Randy Ruff 611 Elm Street, spoke about the trailers remaining on his property. The Council indicated they would hear his comments when the agenda item relating the Villas at Elm came up. 5. Consent Al!enda: A. Consideration of ratifying hires and departures MCC, Liquor Store and Parks. Recommendation: Ratify hires and departures as identified. B. Consideration of approving temporary charitable gambling license for Ducks Unlimited, Chapter 256 for October 16, 2007. Recommendation: Approve the temporary charitable gambling license for Ducks Unlimited, Chapter 256 for October 16,2007. C. Consideration of approving Change Order #2 for the Meadow Oaks CSAH 39 Lift Station 1 Council Minutes: 8/27/07 and Forcemain Improvement Project No. 2003-02C. Recommendation: Approve Change Order No.2 in the amount of$2,758.35 for Barbarossa and Sons, Inc. to provide soft start bypass switches for the lift station control panels to allow City staff to run the lift stations in an emergency operation, ifthe starters trip off. D. Consideration to ratify EDA approval ofGMEF Loan No. 026 to Washburn Computer Group. Recommendation: Ratify that the EDA approval of GMEF Loan No. 026 for Washburn Computer Group is consistent with the GMEF Guidelines and approving the Business Subsidy Agreement. E. Consideration of 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. F. Consideration of approval of concept and development stage planned unit development for Quad Development for a commercial plat in a B-4 District, Outlot A of Monticello Business Center 3'd Addition (proposed Monticello Business Center 4th Addition). Applicant: Scott Builders Recommendation: Approve the development stage planned unit development and preliminary plat approval for Quad Development based on a finding that the proposed use is consistent with the performance standards of the B-4 District, subject to the conditions outlined as follows: I) A sidewalk connection shall be provided to the School Boulevard sidewalk. 2) Additional plantings shall be provided in the center island. 3) The applicant shall extend the center island to the north to reduce the drive aisle width in this area. 4) Additional aesthetic details shall be provided on the back fa9ade and roofline of each building to add visual interest. 5) All wall mounted lighting shall contain a full cutoff fixture. 6) All trash enclosures shall be of similar materials and color to those of the principal structures. 7) The applicant shall comply with all recommendations of the City Engineer, as outlined in the memo from Bruce Westby dated July 31 '''2007, and the memo from WSB dated July 31, 2007. G. Consideration of submitting joint funding resolution to LCCMR. Recommendation: Adopt Resolution No. 2007-64 supporting a joint request by Wright County and the City of Monticello for appropriation from the Environmental and Natural Resources Trust Fund to acquire the YMCA property. H. Consideration of awarding contract for Tower Drive Improvements, City Project No. 2007-08C. Recommendation: Award the contract for Tower Drive Improvements, City Project No. 2007-08C to Doboszenski and Sons, Inc. in the amount of$108,773.60. 1. Consideration of scheduling a workshop for September 17,2007 on the Public Works Facility and Needs Study. Recommendation: Set a workshop for City Council and staff at 5:30 p.m. on September 17, 2007 to discuss the Public Works facility and Needs Study in depth and look at options for the future. J. Consideration of approval of a request for a conditional use permit for development stage planned unit development for the proposed Villas on Elm. Applicant: UP Development. 2 Council Minutes: 8/27/07 Recommendation: Move to extend the June 26,2006 Conditional Use Permit for Development Stage Planned Unit Development and Preliminary Plat for Villas on Elm to June 26, 2008 with all previously approved conditions assigned to the extension, and that condition that the applicant reimburse the City for expenses incurred in the review ofthe application to date and submission of a deposit to cover future review expenses associated with the review of revised preliminary plat and PUD plans. K. Consideration of scheduling a workshop for September 10, 2007 at 5:30 to consider biosolids options. Recommendation: Schedule a workshop for 5:30 p.m. on September 10,2007 prior to the Council meeting for the purpose of updating and discussing the wastewater treatment plant operations, the biosolids project, status of our NPDES permit and the status of Sunny Fresh Food's proposal to build a treatment facility at their current site. L. Consideration of adding a 16' x 16' open air shelter at West Bridge Park. Recommendation: Approve the purchase and installation of the 16' x 16' open air shelter for West Bridge Park from Flanagan sales in the amount of$12,138.87. M. Consideration of request by American Legion for number and placement of off-site directional signs. Recommendation: Approve the request from the American Legion for the placement of three signs, 18" x 24", green on white to be installed by the City and paid for by the applicant. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA OF ITEMS #5A, #5B, #5C, #50, #5E AND #5K. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent al!:enda for discussion. #5F Extension of preliminary plat and conditional use permit for development stage planned unit development for Quad Development: Wayne Mayer questioned the site location and it was noted that it should be east ofWal-Mart and west of Autumn Ridge Townhomes. It was also questioned what recommendation the Planning Commission approved. Steve Grittman explained the Planning Commission had approved the original proposal. Brian Stumpf expressed some concern about the parking lot combination particularly as to why the third building had parking behind the building instead of in front of the building. The applicant had looked at other options as far as parking but this option best suited the parcel. Brian Stumpf apologized for his remark at the Planning Commission meeting that the parking lot was hideous looking. WAYNE MAYER MOVED TO APPROVE THE DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT APPROVAL AND PRELIMNARY PLAT APPROVAL FOR FIVE MULTI-TENANT OFFICE BUILDINGS FOR THE PROPOSED MONTICELLO BUSINESS CENTER 4TH ADDITION BASED ON A FINDING THAT THE PROPOSED USE IS CONSISTENT WITH PERFORMANCE STANDARDS OF THE B-4 DISTRICT AND SUBJECT TO THE FOLLOWING CONDITIONS: 1) A sidewalk connection shall be provided to the School Boulevard sidewalk. 3 Council Minutes: 8/27/07 2) Additional plantings shall be provided in the center island. 3) The applicant shall extend the center island to the north to reduce the drive aisle width in this area. 4) Additional aesthetic details shall be provided on the back fa9ade and roofline of each building to add visual interest. 5) All wall mounted lighting shall contain a full cutoff fixture. 6) All trash enclosures shall be of similar materials and color to those of the principal structures. 7) The applicant shall comply with all recommendations of the City Engineer, as outlined in the memo from Bruce Westby dated July 31 st, 2007, and the memo from WSB dated July 31, 2007. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5G Submittingjointfunding resolution to LCCMRfor YMCA acquisition: Jeff O'Neill provided background information indicating that the LCCMR makes appropriations for environmental concerns and projects. Marc Mattice, Wright County Parks Superintendent felt there was a chance with a joint resolution of the City and County that they might get an appropriation for the YMCA acquisition. At this time the action is preliminary and the City is not obligated to pay for their 1/3 share of the cost. This action would be simultaneous with the request to have the YMCA acquisition included in the state bonding bill. Brian Stumpf asked if the state by making an appropriation for the acquisition of the YMCA could claim any ownership of the property. Brian Stumpf also asked about the money the City had been budgeting for the YMCA. Staff indicated that the annual amount the City contributed to the YMCA was for their programs. BRIAN STUMPF MOVED TO ADOPT RESOLUTION NO. 2007-64 SUPPORTING A JOINT REQUEST BY WRIGHT COUNTY AND THE CITY OF MONTICELLO FOR APPROPRIATION FROM THE ENVIRONMENT AND NATURAL RESOURCES TRUST FUND TO ACQUIRE THE YMCA PROPERTY. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION BECAUSE HE DID NOT FEEL THE CITY NEED TO ACQUIRE ADDITIONAL PARK LAND. #5H Award of contract for Tower Drive Improvements, Project No. 2007-08: Wayne Mayer asked when the project takes place would it be the appropriate time for street signage to take place. He felt the street should be signed either as Tower Drive or Holy Spirit Drive but the name use should be consistent. Bruce Westby said the actual street name is Tower Drive but the Council felt that previous action had been taken to change the name to Holy Spirit Drive. Staffwill check into that. WAYNE MAYER MOVED TO AWARD THE CONTRACT FOR THE TOWER DRIVE IMPROVEMENTS, CITY PROJECT NO.2007-08C TO DOBOSZENSKI AND SONS, INC. IN THE AMOUNT OF $108,773.60 WITH THE CITY ENGINEER TO FOLLOW UP ON DETERMINING THE OFFICIAL NAME OF THE STREET. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #51 Workshop on Public Works Facility and Needs Study: Both Wayne Mayer and Brian Stumpf had conflicts with the proposed September 17,2007 date. Clint Herbst questioned the amount of time that the meeting would take and was told it would be at least an hour and a half. Clint Herbst suggested scheduling the meeting at 5 p.m. on September 24,2007. The special 4 Council Minutes: 8/27/07 meeting would cover both the Public Works Facility and Needs Study and the EDAlHRA merger. WAYNE MAYER MOVED TO SET A SPECIAL MEETING FOR THE PUBLIC WORKS FACILITY AND NEEDS STUDY FOR 5 P.M. ON MONDAY, SEPTEMBER 24, 2007. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5J Extension of a conditional use permit for development stage planned unit development and preliminary plat for Villas on Elm: Randy Ruff spoke regarding the two trailers containing his personal property that still remain on the site. He did not feel they should be moved from the property at this time. The trailers are secured and he assured the Council they would be moved whenever the property transfer is completed. Clint Herbst asked what kind of time frame he expected it would be before the trailers are moved stating he was reluctant to grant an extension without knowing the time frame for the trailers being moved. Building Official Gary Anderson stated it was an issue between Randy Ruff and the developer. The issue has to do with financial obligations between the two parties and had nothing to do with the City. Randy Ruff took it upon himself to get the area cleaned up with no assistance from the developer. Only the two trailers remain. Gary Anderson reported the property has been mowed and maintained by Mr. Ruff. Gary Anderson felt the developer should inform the Council what his intentions are as far as development. Clint Herbst asked if there was a palatable way of arranging the trailers on site. Gary Anderson said that is at the Council's discretion. Gary Anderson said the trailers are Ron Ruffs personal property and they are going when he goes. Brian Stumpf said at the Planning Commission meeting it was brought up that there are limited places in the City where trailers could be parked. Wayne Mayer asked if there was a more inconspicuous spot that would still allow Mr. Ruff to take advantage of the light. Clint Herbst didn't know ifhe had a problem with trailers staying because the property is in a transition period but he is somewhat concerned about what the City is allowing. Wayne Mayer said as much as the Council can sympathize with Randy Ruff the City does have an ordinance in place. Wayne Mayer asked the City Attorney if the Council could vary from the ordinance. Torn Scott said the Council has the discretion to defer the enforcement of the ordinance in this particular case. Brian Stumpf felt since the property was in the PZM zone there was some latitude. The conditional use permit is proposed to be extended through June 26, 2008. At this time Tom Rollings the developer came forward. He indicated that nothing is happening with the development at this point. He is still planning to start this fall or next spring by the latest. Tom Rollings felt the market is turning around and he expects he will have the development ready to go in the spring. Wayne Mayer asked if the project would begin this fall would it expedite the moving of the trailers. Randy Rufffelt he would be down here at least another year. SUSIE WOJCHOUSKI MOVED TO EXTEND THE JUNE 26, 2006 CONDITIONAL USE PERMIT FOR DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT FOR VILLAS ON ELM WITH ALL PREVIOUSLY APPROVED CONDITIONS ASSIGNED TO THE EXTENSION AND TO APPROVE THE CONDITION THAT THE APPLICANT REIMBURSE THE CITY FOR EXPENSES INCURRED IN THE REVIEW OF THE APPLICATION TO DATE AND SUBMISSION OF A DEPOSIT TO COVER FUTURE REVIEW EXPENSES ASSOCIATED WITH THE REVIEW OF THE REVISED PRELIMINARY PLAT AND PLANNED UNIT DEVELOPMENT PLANS; FOR THE TERM OF THE EXTENSION OF THE CONDITIONAL USE THE COUNCIL DEFERS ANY ENFORCEMENT OR PROSECUTION RELATING TO THE PRESENCE OF THE TRAILERS ON THE SITE. WAYNE MAYER SECONDED THE MOTION. MOTION 5 Council Minutes: 8/27/07 CARRIED UNANIMOUSLY. #5L Approve purchase of shelter for West Bridge Park: Interim Park Superintendent, Tom Pawelk eXplained the request for a park shelter at West Bridge Park noting that the area of the play structure is out in the open. The shelter would provide some respite from the sun for the parents who are watching their children. $10,000 was budgeted for this shelter. Wayne Mayer felt the price of$12,138 was high for a 16' X 16' shelter. He suggested that the Park Department look at a shelter of different material such as wood. Tom Pawelk said they could price out this type of structure using wood. Clint Herbst agreed stating that with the staff in the Park Department he felt staff could design and build the shelter for less. It was noted the $12,138 included installation of the building with the Parks Department putting in the concrete slab. The Council felt staff should go back and see what they could design a shelter for. Tom Pawelk asked about the maintenance free aspect of the proposed shelter which is why staff selected it. Wayne Mayer responded that the periodic painting of the shelter is something that could be done by summer help. Clint Herbst also suggested that a shelter should be considered for the Groveland Park. Tom Pawelk indicated that the shelter for Groveland is in the 2008 budget. Tom Pawelk will check for cheaper alternatives on the shelter. Tom Perrault pointed out that the price quote for the shelter was good until September 12, 2007 and suggested that the alternatives come back to the Council at the September 10, 2007 regular meeting. TOM PERRAULT MOVED TO TABLE APPROVAL OF THE OPEN AIR SHELTER AT WEST BRIDGE PARK UNTIL SEPTEMBER 10, 2007 GIVING STAFF TIME TO LOOK AT LESS EXPENSIVE ALTERNATIVES. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED WITH WAYNE MAYER VOTING IN OPPOSITION. #5M Request by American Legion for number and placement of off-site directional signs: The American Legion was requesting approval of three off-site directional signs. Brian Stumpf asked if the three signs were going to be in addition the two signs that are in place. John Simola indicated that those signs were approved by the County and were placed in County right-of-way. It was questioned why the signs were not consistent. The signs presently in place are blue and white and the request for signs through the City are green and white. John Simola stated the county and state specify blue and white for the directional signs and the City's ordinance is green and white. Brian Stumpf clarified that he meant consistency only for the Legion signs. Wayne Mayer asked if the county furnished the signs or did the Legion pay for them. Art Doran stated the Legion paid for the signs. Wayne Mayer felt in this case because the Legion had already paid for the signs the City should go with the blue and white signs for the Legion as well. BRIAN STUMPF MOVED TO APPROVE THE REQUEST FROM THE AMERICAN LEGION FOR THE PLACEMENT OF A TOTAL OF THREE SIGNS AT THE FOLLOWING LOCATIONS: TWO SIGNS AT THE INTERSECTION OF 3RD STREET AND TH 25 AND THE THIRD SIGN TO BE PLACED AT THE INTERSECTION OF WEST 6TH STREET AND ELM STREET AND THAT THE CITY SIGNS BE CONSISTENT IN COLOR WITH THE COUNTY SIGNS. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Department Report - Sheriff's Department Joe Hagerty and Dan Anselment from the Wright County Sheriff's Department reported to the Council on Sheriff Department activities in the City. Joe Hagerty noted that the Council had for 6 Council Minutes: 8/27107 2007 approved an additionalS hours a day to the police contract to commence in July of2007. Apparently this information was not relayed to the County Coordinator so although the City was not billed for the additional S hours daily the City did not receive the service either. Joe Hagerty noted that the Sheriff s Department could not staff the extra car needed to provide the additional hours until January I, 200S. The additionalS hours could start in January or July of200S whichever the Council prefers. This would bring Monticello's coverage up to 56 hours a day resulting in a contract cost over $1,000,000 for 200S. ($54/hour x 56 hours x 365). Dan Anselment reviewed the information from the last quarterly police activity report which had been distributed to the Council. The Sheriffs Department is seeing more identity theft crimes, fraud and check forgeries and he indicated that these types of crime are more time consuming to investigate. He noted that there have been more service type calls such as alarms or suspicious activity which means more people are calling in with concerns about things that they see going on. Traffic is still the most common complaint in the city and people want to see more enforcement. Clint Herbst asked if the Sheriff s Department could provide information on where they felt the new speed trailer the City purchased could be placed. Dan Anselment said they would let the Public Works Department know about the hot traffic spots so they could put up the speed trailer. Dan Anselment indicated that crimes such as larceny and theft were 50% higher than last year. He noted that breaking into cars has become a problem and they would really like the help of the public in this area. The department has sent out a letter that gives some tips that individuals can use to discourage thieves from breaking into vehicles. This problem is not unique to Monticello but is happening county wide. Property damage is another crime that continues to increase as well. As far as narcotics, marijuana seems to be the drug of choice but there is methamphetamine and cocaine use as well. Most of the drug arrests are a result of traffic stops. Clint Herbst asked about the noise ordinance and complaints about the loud stereos on cars. Dan Anselment stated this was not a quality oflife issue but they do use the ordinance as a tool. 8. Consideration of annroval of amendment to Chanter 3 of the Monticello Zonine: Ordinance ree:ulatine: the heil!:ht and area of sie:ns in a freeway overlav zone within a commercial district. Consulting planner, Steve Grittrnan provided background information. The Planning Commission reviewed this amendment on the size of signs in the ordinance provisions relating to the freeway district. On Exhibit B the red area shows the boundary ofthe existing freeway bonus district. The proposed amendment consisted of a number of areas proposed to be added; the orange area along TH 25 to the intersection of Chelsea Road; an area east of Cedar Street between Chelsea Road and Dundas Road; the area between Marvin Road and Cedar Street south of Chelsea Road and the area west of Marvin Road to 90th Street. The Planning Commission approved the expanded boundaries with the exception of the area lying west of Marvin Road and east of 90th Street. The Planning Commission did not recommend any changes to the current sign area of up to 200 square feet or the sign height of 32 feet. The reason the Planning Commission gave for not expanding the boundaries to include the area between Marvin Road and 90th Street is because it abutted a residential development. Community Development staff prepared a power point presentation providing examples of existing signs in Monticello and signs from others communities such as Maple Grove, Rogers and St. Cloud. There was some discussion on the proposed expansion areas. Steve Grittrnan stated the current sign ordinance regulates sign height and area based on location. The bonus district allows an 7 Council Minutes: 8/27/07 increase up to 200 square feet in area and 32' in height. There was some discussion and clarification on what was meant by the boundaries shown as Exhibit A and Exhibit B. Wayne Mayer asked why south Chelsea Road between Edmonson and 90th Street was allowed in this area. Steve Grittman replied it was included because it was in the industrial area. Wayne Mayer also questioned why the area extended down so far along TH 25. Steve Grittman said the Planning Commission felt the area was influenced by the freeway. Brian Stumpf voiced his frustration with the sign ordinance and all the amendments to it. He questioned why the City could not specify a specific height and area that is the same for all the developers to work with. Susie Wojchouski felt even though signs are necessary it is a question of blight of signs. She felt that businesses are moving away from newspaper advertising and going more towards signs. She felt Maple Grove was a destination area and didn't need to rely as heavily on the signs to bring people in whereas Monticello is a place people stop because they see a sign on the freeway. Community Development staff noted that the comprehensive plan update will be coming back before the Council and may be the sign amendment should be tabled until that time. Brian Stumpf felt tabling the item seemed logical. He noted this Council's view could be highly different than the Council that is here six years from now. Wayne Mayer said he would prefer the Council to make a decision on the item now rather than rehashing it again. WAYNE MAYER MOVED TO APPROVE THE AMENDMENT TO SECTION 3-9[B]4(e) OF THE ZONING ORDINANCE BUT NOT AS PROPOSED IN EXHBIT A BUT WITH OPTION A AND OPTION B OF EXHIBIT B WITH NO CHANGE TO SIGN AREA OR HEIGHT. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH SUSIE WOJCHOUSKI VOTING IN OPPOSITION. 9. Consideration of acceptilll!: report on establishinl!: storm sewer utility fund. Bruce Westby spoke regarding the development of the storm sewer utility fund. The report was prepared by WSB at the request of city staff. The storm sewer utility fund is a means of recovering costs for storm sewer maintenance and improvements. To date these costs have been covered by the general fund. Funds generated by a storm sewer utility fee could be used for future storm sewer maintenance. Bruce Westby briefly reviewed the report noting state statute allows for establishing a storm sewer utility fund and allows the city to collect these fees. The rates can be adjusted on an annual basis. Neighboring communities of St. Michael, Albertville and Buffalo already have established a storm sewer utility fund. The storm water utility fee would be based on the percentage of impervious area or the amount of storm water runoff generated by a site. Based on a proposed fee of $7/quarter this fund would generate $600,000 of revenue a year. The estimated current costs are $295,000 and $300,000 is for related future items. The $600,000 would cover current and future maintenance. It was found that cities were not doing storm water maintenance because oflack of funding. Clint Herbst asked instead oflobbying the legislature to establish this funding source, why didn't cities levy for it. Bret Weiss said that funds set aside for maintenance often ended up being used by the city for other items. With this fee the cities are collecting the money from the people who generate the storm water runoff. This also allows collection from churches and other institutions that are tax exempt because it is a utility fee rather than a tax. Clint Herbst felt the City was overburdening the property owner with all these charges. He felt that earmarking a portion of the 8 Council Minutes: 8/27/07 levy each year is what the City should do rather than add it as another utility fee. Susie Wojchouski noted that business owners and developer will view this as an added burden because they already paid storm sewer trunk charges. Bret Weiss said this a maintenance fee and storm sewer trunk charges are for improvements such as ponding and piping. Bret Weiss said is important for the Council to recognize that something has to be done. Bret Weiss added there are things the property owner can do on their site to minimize runoff. He noted there is also an appeals process outlined in the feasibility report. Because some companies in the industrial park will feel like they are being charged twice, Wayne Mayer wanted to clarify that future development will pay trunk fees and storm water maintenance fees. Wayne Mayer asked if the proposed storm water utility fees are too aggressive. Bret Weis responded that the City could start out with a lower rate. Brian Stumpf said he realizes this is part of the cost of doing business but adding this as a quarterly fee was not something he could vote for especially in these economic times. Brian Stumpf agreed if it had to be done, the City should add it onto the levy. Bruce Westby said the $7/quarter is based on what costs the City had now and for future regulations that will be coming down the pipe. The City could establish storm water utility fee with a lower initial rate of around $4/quarter. Susie Wojchouski said she didn't know if people would object if the rate started out lower and remained at that rate a couple of years before being increased. Wayne Mayer said he didn't know if basing the fee on acreage was the best. Tom Perrault questioned in the report the expense for the street sweeping program. He also questioned the cost listed in Appendix A for establishing a wetland bank. Bret Weiss stated that when wetlands are filled in, they have to be replaced at a 2 to I ratio. The City can establish an area that could be used for wetland or storm water runoff. Then if the City needs to they can take the wetland out of that area rather that construct the wetland on site. As far as street sweeping that is a current cost. Bret Weiss indicated the storm water utility fee is a contentious issue but is the way communities are going. He pointed out that this fee is different than the trunk fee since it is only for maintenance. John Sirnola said the City either has to add funds to the budget for the maintenance of existing facilities or establish the storm water utility fund. He didn't want the City to fall behind on the maintenance of their facilities. Jeff O'Neill pointed out that the City has been trying to get away from using the property tax to fund all the programs. Wayne Mayer asked if the City implements the storm water utility fee could they apply this to newly developed property and grandfather in those who have already paid. Of the two fees, storm sewer trunk fee and storm water utility fee, Bret Weiss felt the trunk fee is more essential. Most of the trunk fees are earmarked for pond construction or other storm sewer improvements. The City needs to figure out the best way to present this to the public. Bret Weiss felt if people could see how this is implemented they would be more accepting of it. Otherwise the only option was to do it through the budget process. Susie Wojchouski suggested tabling this until they could get a committee together to work on it. Tom Perrault felt the fee could be unfair because not all lots are the same in size. Bret Weiss suggested researching how other cities handled it. SUSIE WOJCHOUSKI MOVED TO NOT AUTHORIZE THE PREPARATION OF A STORM WATER UTILITY AT THIS TIME BUT TO ESTABLISH A WORKSHOP DATE TO STUDY THIS. Clint Herbst suggested staff sit down with some of the users and get their input. They can run the numbers again using a less aggressive rate. 9 Council Minutes: 8/27/07 SUSIE WOJCHOUSKI WITHDREW HER MOTION AND MOVED TO HAVE STAFF MEET WITH USERS AND OWNERS AND RUN THE NUMBERS AGAIN AT A LESS AGGRESSIVE RA TE. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Brian Stumpf would like to see the billing based on the $295,000 of current actual costs. 10. Consideration of approval of a request to amend the Monticello ZoniUl!: Ordinance Chapters 3-2 and 3-5 as relatin!!: to the exterior stora!!:e and parkin!!: of vehicles in a residential district. Brian Stumpf asked why the ordinance can't state it is wrong to park cars in the side or rear yard without having to go through IS pages of ordinance amendments. Steve Grittman said because the parking ordinance is complex, one change can impact other areas. Steve Grittman reviewed through pictures some ofthe problems that the proposed ordinance amendment would correct. Initially the Planning Commission looked at front yard parking but other issues came up. The issue is where on the property cars should be parked. The first item to be addressed is the current 15' setback from any street surface. Brian Stumpffelt if someone is parking in their driveway why should that affect snow removal. Brian Stumpf also asked what was meant by #4 in the agenda item that boulevard right-of-way should not be used for street parking. Clint Herbst agreed with the removal of the 15' setback saying unless the vehicle is blocking a pathway or sidewalk there is no reason to have a 15' setback. The current ordinance has the 15' setback which Brian Stumpf noted had not been enforced until this year. Steve Grittman says the vehicle has to be on private property. Bret Weiss pointed out that right-of- way can extend 13'-14' behind the curb. Brian Stumpf reiterated his concern about not being able to park in one's own driveway. John Simola said if the vehicle is parked too close to the curb there could be problems with snowplow operation or damage to the vehicle caused by the snow coming off the plow. Street Superintendent Tom Moores was asked his opinion. Tom Moores felt there should be a minimum of 2-3 feet behind the curb although he would prefer 5-6 feet. He stated the boulevard ordinance does not allow anything but driveways to be placed in the right-of-way. However a lot of property owners do have landscaping vegetation and rocks placed in the right of way. Clint Herbst felt this was making a mountain out of a molehill. Tom Moores said it was a problem but not a huge problem. Wayne Mayer stated he hates to amend ordinances just because of a few people. Clint Herbst felt parking in back yards was okay as long as it was on a paved surface. Brian Stumpf said if you don't allow rear yard parking the issue of having a paved surface would be resolved. Steve Grittman noted the other items they are looking at are: 1) In front of building line no parking allowed except in driveway; 2) allow for side yard parking where it is screened from the side street; 3) require that all installed driveways get a permit. Staff is proposing to do an inventory of driveways that are too wide or otherwise do not comply. Wayne Mayer asked about recreational vehicles posing the question ifthere is a trailer with 3-4 snowmobiles on it is that one vehicle or are the vehicles counted individually. Steve Grittman indicated it would be one vehicle. Wayne Mayer felt the ordinance language should state it that way. Bret Weiss said on the street reconstruction projects that the City is putting driveways back to what was there originally and not what the ordinance requires. Tom Perrault questioned whether every driveway has to be paved. Steve Grittman said existing gravel driveways would be grandfathered in. Clint Herbst stated the ordinance should 10 Council Minutes: 8/27/07 allow off-street parking within any street surface as long as it does not block the sidewalk or pathway. Gary Anderson said the intent of the amendment is to help in enforcement of blight. There are areas of non-conformance and in time these area will come into conformance. Taking away the 15' setback should eliminate some of the enforcement problems. One can look at parking areas outside the basic 24' surfaced driveway. Landscape rock or other material could be use in areas of alternative parking as long as the alternate parking site is not a grass surface. Wayne Mayer said rather than list all the types of surfaces that could be used, could the City just have the Building Department approve the type of surface. Gary Anderson said the surfacing type should be referred to the City Engineer rather than the Building Department. Tom Scott, legal counsel, felt the ordinance should list the types of surfaces that would be allowed. The City Engineer could periodically review the ordinance to include any new type of surfacing material that may be added to the types allowed. Brian Stumpf asked why it has to be screened on a comer lot. Steve Grittman felt there would not be aesthetic problems if screening is done. Brian Stumpf would like to see the screening provision pulled out of the amendment. CLINT HERBST MOVED TO AMEND THE ORDINANCE TO ALLOW PARKING WITHIN 15 FEET OF THE STREET SURFACE AND WITHIN THE BOULEVARD AS LONG AS IT DOES NOT OBSTRUCT ANY SIDEWALK OR PATHWAY. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. I Db - Storage of Vehicles in rear yards: The Council felt screening part should be removed and if this does not work out the City can go back and amend the ordinance later on to include it. Wayne Mayer would like to see the language in Section 1 of the proposed ordinance amendment read "recreational vehicle or trailer. Under Section #2 Council should direct City Engineer to review on an annual basis the section relating to surfacing material. WAYNE MAYER MOVED TO APPROVE THE AMENDMENT WITH THE LANGUAGE ON SCREENING FOR SIDE YARD PARKING BEING REMOVED FROM THE PROPOSED ORDINANCE AMENDMENT; WITH THE CITY ENGINEER TO REVIEW SECTION 2 OF THE PROPOSED ORDINANCE ON AN ANNUAL BASIS TO UPDATE ANY NEW ALLOWABLE PAVING SURF ACES AND ADD "RECREATIONAL VEHICLE OR TRAILER" TO THE LANGUAGE IN SECTION 1. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. Added Items: Taco John's: Clint Herbst asked if there were berming and landscaping requirements in the area of the drive-thru. Staff indicated there were no berming requirements but there were landscaping requirements along the line between the business and residential property Noise: This item was discussed in the Sheriffs Department report. Audio Equipment: Wayne Mayer was looking for an update on the equipment that was supposedly removed from the facility. Jeff O'Neill said he would talk to Bill Bruce about this. Clint Herbst felt II Council Minutes: 8/27/07 since people are relying more on technology such as cable and internet and are doing less reading, it is important that the City's meeting are of a quality that can be heard and seen by people watching it. Fiber Optics: Wayne Mayer noted it would be fantastic for the City to launch their own public network. Wayne Mayer said he wanted to dispel some information that is showing up in letters to the editor which is that city taxes will go up if fiber optics goes in. Wayne Mayer said there will be no increase in taxes if Monticello's fiber optic system is built. He felt the comment that the fiber optics commission is not being forthright in getting information to the public was not accurate. Wayne Mayer said people on the fiber optics commission are educated in the technology field and fiber optics. He encouraged people to vote on this issue on September 18th. 11. Consideration of approvilll.!: payment of bills for AU2Ust. 2007. Wayne Mayer asked ifhe and Susie Wojchouski could get a list of chart of accounts. He also asked about the Cub Food purchase in the liquor store items. It was noted that liquor store does purchase certain items from Cub and the item was correctly coded. Tom Perrault noted that an expenditure for the Fire Department open house had incorrectly been coded to the Council. TOM PERRAULT MOVED TO APPROVE PAYMENT OF THE BILLS. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Adiourn. The meeting was adjourned at 10: 10 p.m. \)~ A-..A.Os~9--->.. Recording Secretary " 12