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City Council Minutes 05-08-2006MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday May 8, 2006 - 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. 2A. Approve minutes of April 24, 2006 regular Council meeting. Glen Posusta clarified on the discussion relating to Walt's Pawn Shop that he had asked if the City had bond or letter of credit to cover the landscaping work. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE APRIL 24, 2006 REGULAR COUNCIL MEETING AS CORRECTED. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of April 25, 2006 Board of Review Glen Posusta noted that the Board of Review meeting was not adjourned but recessed until May 9, 2006. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE APRIL 25, 2006 BOARD OF REVIEW MEETING AS AMENDED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH WAYNE MAYER AND CLINT HERBST ABSTAINING. 3. Consideration of adding items to the agenda. Tom Perrault asked that agenda item #10. Rejection of bids on the Hidden Forest/Niagara Falls Utility Project No. 2005-03C be moved to the consent agenda. 4. Citizen comments, petitions, requests and complaints. None. 5. Consent Agenda: A. Consideration of approving hires and departures for Parks, MCC and Liquor Store. Recommendation: Ratify the hires and departures as identified. Council Agenda - 5/806 B. Consideration to review and accept the Year -End EDA Financial Statements, Activity Report and 2006 Proposed Budget. Recommendation: Move to accept the 2005 Year - End EDA Balance Sheet; Statement of Revenues, Expenditures and Changes in Fund Balance; Activity Report; and 2006 Cash Flow Projections as presented. C. Consideration of approving a temporary liquor license for St. Henry's Catholic Church for June 23, 2006. Recommendation: Approve a temporary on -sale liquor license for St. Henry's Catholic Church for June 23, 2006. D. Consideration of renewals of annual liquor licenses. Recommendation: Approve annual liquor licenses as noted below contingent upon approval of the application by the state and submission of proper insurance coverage: Intoxicating Liquor, On -Sale (fee $3,750) 1. Monticello Liquor, Inc. 2. Blue 360 (Formerly Silver Fox) 3. Duane Lindenfelser dba River City Lanes 4. J.P.s Annex 5. Hawks Sports Bar 6. Monticello Country Club 7. Applebee's Neighborhood Grill & Bar 8. Guadalajara, Inc. 9. Rancho Grande Intoxicating Liquor, On -Sale, Sunday (fee $200 - set by statute) 1. Monticello Liquor, Inc. 2. Blue 360 (Formerly Silver Fox) 3. River City Lanes 4. VFW Club 5. American Legion. Club 6. J.P.'s Annex 7. Hawks Sports Bar 8. Monticello Country Club 9. Applebee's Neighborhood Grill & Bar 10. Guadalaraj a Inc. 11. Rancho Grande Non -Intoxicating Malt, On -Sale (fee $275) 1. Monticello Men's Softball Association 2. China Buffet 3. Pizza Factory Non -Intoxicating Malt, Off -Sale (fee $75) 1. Monticello Liquor, Inc. 2. River Terrace 3. Cruiser's Gas N Goods 4. Cub Foods 5. Maus Foods (D&C and Associates) 6. Wal-Mart Council Agenda - 5/806 Club License (fee - set by statute based on membership 1. VFW - $500 2. American Legion - $500 Wine/Strong; Beer Combination License ($1,200) 1. Crostini's Grille 2. DeAngelo's Pizza & Pasta E. Consideration of approving City drainage improvements and cost-sharing in a river bank stabilization project at 401. Front Street. Recommendation: Approve the construction of drainage improvements on the adjacent City property and pay for 50% of the project on private property up to a maximum of $12,000. F. Consideration of a request for a conditional use permit for open and outdoor storage, open and outdoor sales and display and minor automobile repair in a B-4 District. Applicant: Jeff's Dream, LLC/Moon Motors. Recommendation: Approve the conditional use permit for Moon Motorsports to allow for Open and Outdoor Storage, Outdoor Sales and Display and Light Auto Repair based on a finding that the proposed uses meet the requirement of the B-4 District, subject to the conditions listed below: 1. The applicant shall provide design details of proposed fencing. 2. Applicant shall verify the turning radius for trucks entering and exiting the loading dock. 3. The applicant shall provide at least one additional space for handicapped parking. 4. The outdoor storage area shall be covered with a Class V surface - curbing is not required. 5. The landscape plan shall be modified to illustrate that each individual lighting standard is landscaped. 6. The total area of the five individual product identification signs and one wall business identification sign shall equal 100 square feet or less. 7. Grading, drainage, erosion control and utility plans are subject to review and comment by the City Engineer. 8. Wherever fuel pumps are to be installed, the applicants shall comply with safety installations in accordance with the City Building Official and Fire Department. 9. The applicant revise parking calculations to be consistent with the revisions to the building square footage. G. Consideration of accepting quotes and authorize contract for extension of sewer and water to Kevin Tracy site in Jefferson Commons development. Recommendation.- Authorize ecommendation:Authorize the extension of utilities to the Kevin Tracy site as a change order to the School Boulevard Project, City Project No. 2005-02C or to an alternate contractor as a separate project. H. Consideration of adopting a resolution accepting donation for Walk and Roll. Recommendation: Adopt a resolution approving the contribution and authorizing use of funds as specified by the donor. I. Consideration of adopting investment policy for management of public funds. Recommendation: Adopt a formal investment policy as outlined effective January 1, 2005. Council Agenda - 5/806 J. Consideration of approving Change Order No. 3 to extend sanitary sewer and watermain past the proposed Karlsburger Foods Site as part of the Chelsea Road (901h Street to CSAH 39) and School Boulevard Project No. 2005-11 C. Recommendation: While the agenda item originally proposed that this work be done as a change order to a project that R.L. Larson was the contractor on, WSB also obtained a quote from another contractor, Barbarossa and Sons. The revised recommendation was to have this work done as a change order to one of the contracts that Barbarossa and Sons has in the City of Monticello at a cost of $195,289.50. K. Consideration of resolution ordering preparation of proposed assessment roll and calling for a public hearing on adoption of the assessment roll for School Boulevard/Deegan Avenue Street Lighting, Project No. 2005-22C. Recommendation: Adopt a resolution declaring the cost to be assessed as $364,227 and setting a public hearing on the proposed assessment for May 22, 2006. L. Consideration of hiring Building Inspector. Recommendation: Move to offer the position of Building Inspector to Ron Hackenmueller. M. Consideration of allowing of encroachment into right-of-way to accommodate canopy overhang. Crostini's Grille. Recommendation: Move to authorize a license agreement between the City of Monticello and Crostini Grille for the use of public right of way for the purpose of a seasonal seating enclosure with the license agreement to run for a period of time as specified by the Council. N. Consideration of rejecting bids, revising the project and authorizing the advertisement of bids for the forcemain and watermain extension along CSAH 39 as part of the Hidden Forest/Niagara Falls Utility Extension Project No. 2005-03C. Recommendation: Reject the bids and authorize advertisement for bids for the forcemain and watermain extension. Items #5E, #5I, #5L and #5M were removed from the consent agenda and #10 was added to the consent agenda as item #5N. GLEN POSUSTA MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #5E, #5I, #5L AND #5M AND THE ADDITION OF #10 AS ITEM #5N. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. #5E River Bank Stabilization Project at 401 Front Street. City Engineer, Bruce Westby noted this item had been discussed by the Council at previous meetings and City staff has met with the property owner, the Wright County Soil and Water Conservation District and the DNR regarding this issue. There are varying opinions on what level of support the City should provide in stabilization of the river bank. Clint Herbst stated the property owner had pictures showing the water running over the curb. Wayne Mayer said since a lot of the damage was on the west side it would indicate that the water was coming down the hill from the neighbors and not necessarily from the city street so he questioned whether the City should participate at 50% of the cost since it Council Agenda - 5/806 did not appear the City contributed that much to the problem. Clint Herbst felt since the City could not with certainty know the amount of runoff the City contributed, it would be hard to determine what percentage the City should participate in. He stated that property owners along the river have to take certain steps to prevent erosion of the river bank. Bruce Westby indicated that the City had moved the driveway apron and increased the pitch of the slope. The cost for doing this work and the cost of improvements to be made on the City owned property would be costs in addition to the 50% cost participation for the work on the Obyricki property. Wayne Mayer asked if $12,000 was the total cost to correct the problem or just the City's share of the cost. Bruce Westby clarified that the $12,000 was the cost for the work on the City property only. It was estimated that the total cost for the improvements on the City owned land, the relocation of the driveway apron and cost participation in the improvements on the Obryricki property would total approximately $25,000. Bruce Westby stated that the property owner had used plans prepared by WSB & Associates for the purpose of getting prices for the work to be done. The Soil and Water District will recreate the WSB plan and handle design and contracting considerations for the property owner. The City would pay up to 50% of the cost or a maximum of $12,000. City Attorney, Tom Scott indicated that the City will be preparing contract to reflect what was in the staff report. Brian Stumpf stated he had a concern that by the City participating in this project the City would be setting a precedent. TOM PERRAULT MOVED TO APPROVE THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON THE ADJACENT CITY PROPERTY AND PAY FOR 50% OF THE PROJECT ON PRIVATE PROPERTY UP TO A MAXIMUM OF $12,000. CLINT HERBST SECONDED THE MOTION. THE MOTION CARRIED WITH WAYNE MAYER AND BRIAN STUMPF VOTING IN OPPOSITION. Wayne Mayer stated that while he thought something should be done, he did not agree with the 50% level of participation by the City. #51 Investment Policy: Tom Perrault questioned making this policy retroactive to January 1, 2005 and Wayne Mayer also questioned if it would be prudent for the Council to make a motion to go back to 2005 when it is already May of 2006. City Administrator, Rick Wolfsteller stated the City has always followed the provisions contained in this policy but had never adopted a written investment policy. WAYNE MAYER MOVED TO ADOPT A FORMAL INVESTMENT POLICY TO BE EFFECTIVE AS OF MAY 8, 2006. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5L Building Inspector: The Personnel Committee and staff interviewed five candidates for the Building Inspector position and recommended the City hire Ron Hackenmueller for the position. It was noted that Gary Anderson, Building Official agreed with the recommendation of the Personnel Committee. TOM PERRAULT MOVED TO HIRE RON HACKENMUELLER FOR THE BUILDING INSPECTOR POSITION. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Council Agenda - 5/806 #SM Encroachment into right-of-way for Crostini's Grille: Crostini's Grille is proposing an enclosed patio to be located on Locust Street right-of-way. Tom Perrault questioned the time frame for allowing the encroachment to exist stating that right-of-way is normally used for snow storage and questioned whether having the structure in the right-of-way would complicate the snowplowing operations in that area. Wayne Mayer agreed and stated that while he did not mind having the tables set up he did question whether the structure should be in place before mid-May and up any longer than the end of October. Bob Hillman owner of Crostini's Grille stated they are proposing to erect an aluminum structure in early April. After October they would remove the canvas skirting and leave only the aluminum structure. This structure would be decorated for the holidays and they are looking at making it a focal point for the downtown area over the holidays. Glen Posusta asked if the City would be held harmless for any damage that they may suffer as a. result of their encroachment into the right-of-way. Wayne Mayer said while he encouraged happenings in the down town area, he didn't like the time frame that was proposed. Tom Perrault suggested that it be tried one year and then evaluated. The Council questioned if the sidewalk on Locust Street was on the grid system and who was responsible for snow removal. John Simola, Public Works Director indicated the property owner is responsible. Glen Posusta was concerned about the City being held harmless if the structure collapsed or there was other damage. It was indicated the property owner has the responsibility to insure the structure. Wayne Mayer noted that the sidewalk on Locust street is wider so the encroachment might not be as bad of a problem. However, he noted other locations along Broadway where tables, etc. are being placed in the right-of-way. City Attorney Tom Scott said this case involves a structure which is somewhat unique and that is why the City is looking at an agreement. Most cities have something in their ordinance that allows placement of tables in the right-of-way area so long as pedestrian traffic is not impeded. For something like tables, an ordinance would be a more effective means of handling that than an encroachment agreement. Jeff O'Neill stated the City's ordinance does not allow encroachment into the right-of-way unless there is some kind of agreement. BRIAN STUMPF MOVED TO ENTER INTO A LICENSE AGREEMENT WITH CROSTINI GRILLE FOR THE USE OF THE PUBLIC RIGHT OF WAY OF LOCUST STREET FOR THE PURPOSE OF A SEASONAL SEATING ENCLOSURE FOR THE PERIOD OF APRIL 15TH THROUGH OCTOBER 15TH. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH CLINT HERBST AND TOM PERRAULT VOTING IN OPPOSITION. Clint Herbst stated he felt the City should allow more leeway with the time frame. Tom Perrault felt it should be approved for a one year period and then reevaluated. 7. Consideration of authorizing negotiations for the purchase of property at 413 West 6th Street. City Administrator, Rick Wolfsteller informed the Council that the City had been approached by the property owner west of the Kevin Tracy property near the National Guard storage area to see if Council Agenda - 5/806 the City had an interest in acquiring her property since she was in the process of relocating. Rick Wolfsteller stated there were no funds budgeted for acquisition of property in this area and no specific plans for development. Brian Stumpf asked if this was something the HRA could do. 011ie Koropchak stated the HRA could look at it. Wayne Mayer said based on the amount the land and structure was valued at, he felt the City should make a counteroffer of $128,000 which would be the amount the property was valued at plus 15%. Rick Wolfsteller suggested contacting a local realtor for pricing. Brian Stumpf felt with the proximity of this site to city property, the city should take advantage of it if the price is reasonable. Clint Herbst felt the Council should look at what is their overall plan for the area. GLEN POSUSTA MOVED TO AUTHORIZE STAFF TO CONTINUE DISCUS SIONS/NEGOTIATIONS WITH THE PROPERTY OWNER TO ARRIVE AT A FIRM PRICE FOR COUNCIL CONSIDERATION. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Consideration of approving feasibility for pedestrian facility improvements per Swan River Montessori Charter School requests. In September of 2005 representatives from the Swan River Charter School contacted city staff requesting certain improvements be made including reducing the speed limits and installation of sidewalks and crosswalks in the area of the charter school. John Simola and Bruce Westby reviewed the request of the school. It was determined that a speed limit reduction would require an engineering study which should be funded by the school. The sidewalk and crosswalk installation is something the City could do if it was felt appropriate. In looking at the site, staff proposed to construct sidewalks, pedestrian ramps and crosswalks along the south side of 6th Street between Locust and Linn Streets; along the west side of Linn Street between 5th and 6th Streets and along the north side of 5th Street from Linn Street to the Swan River Charter School. This route was selected because the improvements could be installed fairly easy whereas other area had obstructions such as utility poles which would make installation more difficult and more costly. Brian Stumpf asked if the sidewalk was going to be extended any further to the west on 6th Street, if not the City shouldn't put it there. John Simola stated it would connect other sidewalk existing the area. The Council discussed the proposed location of the sidewalk and questioned the justification for the proposed route if the intent was to make a logical route to 6th Street. Clint Herbst agreed that there should not be sidewalk extensions that lead nowhere unless there a some future connection. He felt it would better not to jog the sidewalk but keep it on 6th Street. If the school is paying for the sidewalk then this design is fine but if the City is paying for it they have to look at it more closely. Brian Stumpf stated he didn't know if he could support spending the money for a feasibility study on this. Clint Herbst suggested placing signage in the area and utilizing crossing guards. Wayne Mayer indicated he believed the American Legion or VFW in the past had paid for crossing guard training. Glen Posusta agreed that a feasibility study wasn't needed and his recommendation was that the sidewalk be placed on the north side of 6th Street to the MCC Building. Brian Stumpf felt if sidewalk was going to be placed on 6' Street it should extend all the way to Elm Street. Clint Herbst suggested that the school be contacted to see what Council Agenda - 5/806 they want to contribute to this project. BRIAN STUMPF MOVED TO DENY THE PREPARATION OF A FEASIBILITY REPORT FOR THE PEDESTRIAN FACILITY IMPROVEMENTS REQUESTED BY THE SWAN RIVER MONTESSORI CHARTER SCHOOL AND HAVE STAFF WORK WITH THE SCHOOL ON THE IMPROVEMENTS AND COME BACK TO THE COUNCIL WITH A RECOMMENDATION. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of award the Meadow Oaks and CSAH 39 Lift Stations and Forcemain Improvements, Project No. 2003-02C. Consulting Engineer, Bret Weiss reviewed the bids received. This project has been discussed for some time and is needed to improve the capacity on the south side of the city and serve the property developing in that area. He explained that the estimated project costs have increased because the lift stations are also being replaced not just the pumps. The bid prices came in higher because of the increases in price for gasoline, concrete and pipe. The project will be funded by a special sanitary sewer trunk charge imposed on all the developments in the southeast area. Clint Herbst asked about Alternate #1. Bret Weiss explained that the base bid covered the reconstruction of the Meadow Oaks Lift station and utilities along CSAH 75 and CSAH 39 and Alternate #1 was the reconstruction of the CSAH 39 lift station. Wayne Mayer stated that the bids were opened on May 4, 2006 and questioned whether there was sufficient time to get the bid result information to the Council earlier than on meeting night. He asked if there was a process where the Council could get this information earlier. Bret Weiss indicated they would both mail and e-mail this information to the Council once the bid tabulation was completed. The standby generators for the lift station will be bid separately. BRIAN STUMPF MOVED TO AWARD THE PROJECT FOR THE MEADOW OAKS AND CSAH 39 LIFT STATION AND FORCEMAIN IMPROVEMENTS, CITY PROJECT NO. 2003-02C TO BARBAROSSA AND SONS IN THE AMOUNT OF $1,480,493.20. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of rejecting bids, revising the project and authorizing the advertisement of bids for the forcemain and watermain extension along CSAH 39 as part of the Hidden Forest/Niagara Falls Utility Extension Project No. 2005-03C. Add to the consent agenda as item #5N and approved. 11. Consideration of Change Order No. 2 relating to CSAH 18/I-94 Interchange, City Proiect No. 2004-01C. The proposed change order in the amount of $424,402.50 resulted from the need to remove a large amount of concrete material. Although soil borings taken indicated that there was some concrete material washed out of trucks located on the site, the contractor encountered a much greater quantity of the concrete material. Since the material was a solid concrete block, standard Council Agenda - 5/806 equipment was not able to handle the removal of the material. The contractor also uncovered other buried debris such as tires. The issue of the buried debris is something that should be addressed in current negotiations with the property owner. Clint Herbst questioned how such a large amount of material could be missed in the soil borings and felt this issue should be pursued with MnDOT. MnDOT's participation in the project was based on a lump sum amount and they will not pay anything in addition to that. Bret Weiss said they would go back to MnDOT regarding this item but he did not believe they would contribute anything more. Bret Weiss indicated the interchange project is on schedule. BRIAN STUMPF MOVED TO APPROVE CHANGE ORDER NO. 2 IN THE AMOUNT OF $424,402.50 FOR R.L. LARSON EXCAVATING, INC. FOR THE CSAH 18/I-94 INTERCHANGE PROJECT, CITY PROJECT NO. 2004 -OIC AND SEE IF THERE IS ANY RECOURSE WITH MNDOT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Consideration of establishing a process for review of RFP's for Public Works Needs and Expansion StudX. As directed by previous Council action, Public Works Director, John Simola had sent out RFP's to ten firms. Seven of the ten firms responded back. John Simola was asking that a small group consisting of one member of the Council, the City Administrator, the Building Official, the City Engineer and himself be set up to narrow the field down to 3-4 firms for the Council to interview. Clint Herbst said ultimately the City would need to put a plan in place but he didn't know if this was the time. Brian Stumpf felt that something should be about the Public Works working space. John Simola explained the how the current facility is set up noting the that they are hurting for office space and work space. He felt this study would determine a plan that could be utilized for the next 20-30 years. Clint Herbst felt the concern was more with the space needed by the Water Department. The long term study is something to consider at later time but right now they should just address the immediate needs. Brian Stumpf cautioned that this long term planning should not get pushed back too far on the back burner. He felt the cost the study was a small amount for 20-30 year investment. Wayne Mayer agreed it was something that should be looked at but didn't feel now was the time. WAYNE MAYER MOVED NOT TO PROCEED WITH THE PUBLIC WORKS EXPANSION STUDY AT THIS TIME. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF AND TOM PERRAULT VOTING IN OPPOSITION. Tom Perrault questioned why the Council even authorized sending out the RFP's and the time John Simola spent preparing the RFP. John Simola stated the prices received were in line with what was budgeted. He felt the Council should look closely at relocating the Water Department as far the impact it would have on shared equipment and shared staff. Glen Posusta questioned why the RFP's were needed and felt it was premature. He didn't see anything wrong with the Council Agenda - 5/806 existing Public Works facility. Clint Herbst felt the staff should look at utilizing the U-shaped area of the existing facility for expansion. 13. Consideration of options to minimize the use of the leaf and grass composting facili , .. The operation of the compost facility has been discussed on numerous occasions by the Council. John Simola reviewed again the options that were being considered to improve the situation which include: 1) Offering a cart to be used for once a week curbside pickup; 2) Have drop off site for leaves and grass at the Public Works facility and then haul the material to the Wright County Compost facility; 3) Have a compactor installed at the Public Works Facility for compacting of yard waste dropped off by residents and 4) Limit the use of the compost facility or any drop off site by contractors. John Simola informed the Council that Wright County indicated they will accept the yard waste at the compost facility as long as there was no garbage or bags in with the waste. The City is also looking at extending the lease with the County for the compost facility site for another three years. Some other items that were discussed were trying to control access to the site by using a key system; limit use of the facility to residents only and reduce or subsidize the cost of the cart for curbside pickup. Clint Herbst felt the facility should be unlocked for a given period in the spring and again in the fall when residents are doing yard cleanup. The rest of the time it should be locked. Clint Herbst stated the City needs to find another site for the compost facility and he suggested the City owned farm where the biosolids are spread. Chuck Keyes, from PSG operators of the wastewater treatment plant informed the Council that if the site continues to be used for biosolids application a 600' setback from the compost facility would be required since the compost facility would be considered a public contact site. Chuck Keyes said the City loses 600' of area for buffer they may not have sufficient land area for the biosolids application and may need to haul the biosolids to a landfill. Glen Posusta asked if the compost material could be spread on the field. John Simola indicated the compost material would have a high nitrogen content so that would not work. Wayne Mayer asked how many contractors use the facility. John Simola said he had no idea on the number of contractors using the facility. Daryl Tindle 1707 West River Street stated that over the weekend there was a vehicle entering the compost facility every 6-7 minutes. He was also aware of one contractor who is always hauling to the site. Daryl Tindle stated his concern with the amount of traffic on the road and the speed of the traffic. Wayne Mayer stated he went out to the compost facility and was amazed by the number of non -biodegradable bags that were dumped there and he agreed with Mr. Tindle that something has to be done on how people handle their compost. He felt the compactor option should be considered because it would have minimal cost. The City could have their summer help man the compacting site. This option would reduce traffic going through the residential area as well. Wayne Mayer wanted to see the Council move forward with relocating the site. Brian Stumpf felt the City should try the compactor option. Clint Herbst asked what period of time the City would be using the compactor. Oynx will let the City use the compactor 1-2 months as a trial and then the cost would be $200/month but the City would need to get electric service to the site. Council Agenda - 5/806 Carrie & Lee McDougall, 101 Hillcrest Circle, are in close proximity to the compost facility and didn't feel the operation created any major problems. Mr. Tindle stated the odor is noticeable when the compost material is turned. John Simola pointed out that with the trees removal by the utility company the screening of residences from the compost facility is gone. WAYNE MAYER MOVED TO HAVE THE COMPACTOR SET UP AT THE PUBLIC WORKS FACILITY AND LOOK IN THE LONG TERM AT RELOCATING THE COMPOST FACILITY TO ANOTHER SITE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH CLINT HERBST VOTING IN OPPOSITION. 14. Consideration of a request for a conditional use permit for a concept stage planned unit development for Rosewood Heights, an 8 -unit townhome development in a R-2 District. Applicant: Minnesota Development Agency, LLC. Jeff O'Neill provided a summary of what the Planning Commission approved for this proposed development. Two 4 -unit single level senior housing townhomes are being proposed for the area located at the intersection of Palm Street and 4th Street. The proposed development meets minimum standards for permitted setbacks, open space and density. The Planning Commission felt the garage size should be increased to meet minimum standards. It is proposed that Palm Street be vacated and the vacated right-of-way will become part of the development. Prior to the vacation of Palm Street a cross easement will be needed to provide an adjacent property owner with access. The street is proposed for 28' with parking on one side. There was some discussion whether the street width was adequate for emergency equipment. Wayne Mayer stated that the proposals that have come before the Council all have 28' streets and he wants to know what kind of hassle this creates for the Fire Department. Clint Herbst stated his concern is having multi -family structures on lots that were formerly single family homes. Glen Posusta felt the proposal was better than what was there now. Brian Stumpf asked about the right-of-way for Vine street and the utilities in the area. John Simola indicated extension of the storm sewer would be the biggest problem and would require that the building be set back further. Clint Herbst reiterated his belief that it was the wrong move to convert single family lots to multiple dwellings. The Council asked what the residents in the area felt about the proposed development. Staff indicated no one spoke at the public hearing held by the Planning Commission. Tom Perrault stated a resident had talked to him about concerns with this development. Wayne Mayer asked how the right of way issue would be handled. Jeff O'Neill stated the right of way could be sold to the developer or if the Council felt there were amenities in the development the vacated right-of- way could be given to the developer. Tom Perrault also stated he had concerns with the driveway off 4th Street. Staff indicated that could be addressed at development stage. BRIAN STUMPF MOVED TO APPROVE THE CONCEPT PUD FOR ROSEWOOD HEIGHTS BASED ON A FINDING THAT WITH COMMENTS MADE BY THE PLANNING COMMISSION AND CITY COUNCIL THE PROJECT WILL MEET THE CITY'S INTENT FOR PUD DESIGN. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH CLINT HERBST AND WAYNE MAYER VOTING IN OPPOSITION. Council Agenda - 5/806 15. Consideration of defining Comprehensive Plan Update process. The Council was asked to take two actions; 1) Determine what approach they want to use to get the public input for the update of the Comprehensive Plan and 2) Authorize staff to prepare contract documents with Hoisington Koegler. Rusty Fifield addressed the approaches that could be used to obtain public input. The traditional process would create a steering committed that works with staff and consultants throughout the process. The committee is the voice of the community in the process. The neighborhood focus which would be a number of public meetings focused on various locations throughout the community. The annexation area, industrial area or downtown area are examples of locations that could be considered. The last process was the issue focus which are meetings held to focus on specific issues for the community. Clint Herbst stated he would prefer to use something other than the traditional approach to get the input needed. GLEN POSUSTA MOVED TO SELECT THE NEIGHBORHOOD MEETING FOCUS AS THE PROCESS FOR THE COMPREHENSIVE PLAN UPDATE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. BRIAN STUMPF MOVED TO AWARD SAID PLANNING PROJECT TO HKG, INC. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Rusty Fifield said with the neighborhood focus it would be not be necessary to convene the task force early on in the process. The task force will function more as jury on the issues brought up. This condenses the role of the task force making it a four month commitment rather than a twelve month commitment. Rusty Fifield felt they would wait with appointing a task force until about the third or fourth quarter of the year. Clint Herbst suggested that the various boards and commission have people attend the neighborhood focus meetings Rusty Fifield said the Council should start thinking about what the neighborhoods should be. 16. Department Activity Report erbal) - Torn Moores, Street Department Tom Moores, Street Superintendent gave a verbal report on activities in the Street Department. There are seven employees in the street department and 53 miles of streets in the City that they maintain. In addition to the duties of snow removal, street sweeping and street repair, they have set up a boulevard tree trimming program and the compost facility is maintained by the Street Department. Besides working at Junk Amnesty Day, they have schedule other clean up days for staff. The Street Department does the maintenance on all the vehicles and equipment; 27 vehicles and 55 pieces of equipment. They have their sign inventory and vehicle maintenance records on the computer and are working on get their parts inventory computerized. Added Items: Glen. Posusta asked about trench on Meadow Oak Avenue. John Simola stated he met with Council Agenda - 5/806 representatives form Xcel Energy. They indicated they had dug in that location looking for pipe and stated they will not come back to fill in the trench and do restoration. Glen Posusta asked if the sod contractor would be responsible for that. John Simola indicated the contractor would be responsible for the dead sod except for the part covered up with sand. Glen Posusta asked about slow periods for office and public works staff and having the staff take time off without pay during these slow periods. John Simola stated he has not seen a slow time in the Public Works area. As the City continues to grow the work load increases as well. The Council asked that the change order on the library project be added to the next Council agenda 17. Consideration of approving bills for May. Wayne Mayor asked about the telephone equipment that was purchased for the Deputy City Administrator. Jeff O'Neill stated this equipment allows him to take pictures as well as store documents on it. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 18. Ad'ourn. Brian Stumpf reminded the Council of the Board of Review meeting Tuesday, May 9, 2006 at 7 p.m. The meeting adjourned at 9:55 p.m. J, 5!:,: Recording Secretary