City Council Minutes 04-04-2005 SpecialMINUTES
SPECIAL MEETING - MONTICELLO CITY COUNCIL
Monday, April 4, 2005 - 5 p.m.
Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf.
Members Absent: None
1. Call to Order.
The special meeting was called to order at 5 p.m. It was explained that the purpose of the
public meeting was to consider action on ordering the CSAH 18/I-94 Interchange Project No.
2004-1 C.
The Council went into closed session to discuss legal issues relating to acquisition of property
necessary for the interchange project. The special meeting reconvened at 5:50 p.m.
2. Consideration of ordering improvement of the CSAH 18/I-94 Interchange Project No.
2004-1C.
The purpose of the closed meeting was for legal counsel and City Council to discuss legal
action related to the acquisition of land for the proposed CSAH 18/I-94 interchange project.
The City Attorney stated the Council has a number of actions they could take regarding this
project: 1) Order the improvement; 2) Do not order the improvement; 3) Table action on the
issue; or 4) Consider other options.
The Council discussed their concerns regarding this project which included the lack of written
commitment to the project by the various parties involved and the cost of land acquisition for
the project.
BRIAN STUMPF MOVED TO ORDER THE CSAH 18/I-94 INTERCHANGE PROJECT
NO. 2004-1C. CLINT HERBST SECONDED THE MOTION. UPON VOTE BEING
TAKEN COUNCILMEMBERS STUMPF AND HERBST VOTED IN FAVOR THEREOF
AND MAYER, POSUSTA AND PERRAULT VOTED AGAINST THE MOTION.
MOTION FAILED.
Clint Herbst stated the concern of the Council is with acquiring the property needed for the
improvement project and the cost of the land acquisition.
City Attorney, Tom Scott indicated there is a court hearing scheduled on April 8, 2005 and he
asked for Council direction on whether the hearing should be cancelled, tabled or remain as
scheduled. Clint Herbst felt the court hearing should be delayed. Because there is such a
great discrepancy between the AVR's appraisal numbers and the City's appraisal numbers, he
questioned whether the City should proceed with the project. Clint Herbst asked if it was
appropriate at this time for the Council to consider other action such as seeking additional cost
sharing for land acquisition from the other parties involved. Tom Scott said if the action
related to a decision on the interchange project it would be appropriate.
Rick Wolfsteller stated that it may be difficult for the developers to agree to any additional
cost participation since the acquisition cost for the AVR site is not known at this point. Staff
will check with the developers on the possibility of revising their cost participation to include
picking up acquisition cost for the AVR site.
Brian Stumpf felt the City Attorney should be at the court hearing. Tom Scott stated that if
the Council wanted to re -schedule the court hearing, that could be done within 2-3 weeks.
Clint Herbst suggested staff outline options and present them at the April 11, 2005 Council
meeting.
WAYNE MAYER MOVED TO HAVE CITY ATTORNEY, TOM SCOTT ATTEND THE
COURT HEARING IN ORDER TO KEEP THAT OPTION AND THE TIME LINE
VIABLE. BRIAN STUMPF SECONDED THE MOTION.
In additional discussion, Tom Scott clarified that he would not be asking for a quick take at
the court hearing and added that Ryan Companies was the only developer that needed to have
a set date for this project. It is proposed at the court hearing that the City will ask the court to
establish the basis of the condemnation for a public purpose and to request the court to
appoint condemnation commissioners. Tom Scott will report back to the Council at their
regular meeting.
Tom Perrault asked what the benefit was to the City by having the City Attorney attend the
court hearing. Tom Scott said it keeps options open to the City Council if they decide to
change their decision and order the interchange project at some future point.
UPON VOTE BEING TAKEN, THE MOTION CARRIED UNANIMOUSLY.
Clint Herbst reminded staff to put together any ideas and options and present them to Council.
3. Adjourn.
The special meeting closed at 6:05 p.m.
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Recording Secretary
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