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City Council Minutes 10-23-2006Council Minutes: 10/23/06 MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday October 23, 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. 2. Approve minutes of the October 9, 2006 regular Council meeting. Wayne Mayer suggested clarifying on page 10 of the minutes that the Electro Industries property was not among the properties being considered for a second liquor store site. GLEN POSUSTA MOVED TO APPROVE THE MINUTES OF THE OCTOBER 9, 2006 REGULAR COUNCIL MEETING WITH THE CLARIFICATION NOTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Brian Stumpf added holding a special meeting at 6:45 p.m. on November 13, 2006 to canvass the election returns as item #5L on the consent agenda. Discussion of a letter relating to award of the bid for the Front Street/Linn Street Drainage Project was also added to the agenda. 4. Citizen comments, petitions, requests and concerns. None. 5. Consent Agenda: A. Consideration of ratifying hires and departures MCC and Parks. Recommendation: Approve the hires and departures as identified. B. Consideration of renewing currency exchange license - Wal-Mart. Recommendation: Approve the renewal of the currency exchange license for Wal-Mart located at 9320 Cedar Street. C. Consideration of appointment to fill vacancy on Planning Commission. Recommendation: Approve the appointment of Barry Voight to fill the term of Craig Schibonski expiring December 31, 2008 and Idella Ziegler to fill the term of Sandy Suchy expiring December 31, 2007. Council Minutes: 10/23/06 D. Consideration of approving credit application with Pitney Bowes and Northern Tool and Equipment/HSBC Business Solutions. Recommendation: Approve the credit applications with Pitney Bowes and Northern Tool and Equipment/HSBC Business Solution. E. Consideration of adopting resolution approving contribution for MCC and Park Department. Recommendation: Adopt the resolution approving the contribution and authorizing use of funds as specified and authorize the Monticello Lions to proceed with the project. Resolution No. 2006-88 and 2006-89. F. Consideration of fire contract renewals with City of Otsego and Silver Creek Township. Recommendation: Authorize contract renewals with the City of Otsego and Silver Creek Township for fire protection services at a rate of $51/per parcel. G. Consideration of ordinance amendments related to utility billing regulations. Recommendation: Approve the ordinance amendment to Title 7, Chapters 2 and 6 as proposed. H. Consideration of approving Wright County Cooperative Agreement No. 06-55 (turn -back of CSAH 75 east of CSAH 18). Recommendation: Approve Wright County Cooperative Agreement No. 06-55 contingent on the Wright County Board of Commissioners approving it at their October 24, 2006 meeting. I. ITEM REMOVED J. Consideration of resolution updating Municipal State Aid Street System for the City of Monticello. Recommendation: Approve the proposed resolution to designate Meadow Oak Avenue from CSAH 18 to CSAH 75 as a MSAS addition for the year 2006. Resolution No. 2006-90. K. Consideration of approving a revised final plat for Warnert Retail Development. Recommendation: Approve the revised final plat for the Warnert Retail Development. Resolution No. 2006-91. L. Consideration of holding a special meeting to canvass election results on November 13, 2006 at 6:45 p.m. Recommendation: Set a special meeting to canvass election results for November 13, 2006 at 6:45 p.m. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #5B, #5C, #5D, #5G AND #5H AND THE ADDITION OF #5L. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. #SB Renewal of Currency Exchange License for Wal-Mart. This item was removed so that Tom Perrault could abstain from voting on it. 2 Council Minutes: 10/23/06 BRIAN STUMPF MOVED TO APPROVE THE RENEWAL OF THE CURRENCY EXCHANGE LICENSE FOR WAL-MART LOCATED AT 9320 CEDAR STREET. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT ABSTAINING. #SCAppointments to Planning Commission: Wayne Mayer stated he would like more input on how the two candidates were decided upon. Clint Herbst stated that the three applicants who interviewed for the position were all good candidates. The Planning Commission after the interview process came up with the two candidates that were being proposed. Tom Perrault who was also present at the interviews agreed that the candidates considered were all well qualified for the position but he felt that only one of the vacancies should be filled at this time as the original advertisement was for only one position. TOM PERRAULT MOVED TO APPOINT BARRY VOIGHT TO COMPLETE THE TERM OF CRAIG SCHIBONSKI THAT WOULD EXPIRE ON DECEMBER 31, 2008 AND TO ADVERTISE FOR APPLICANTS TO FILL THE OTHER VACANCY. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH CLINT HERBST AND BRIAN STUMPF VOTING IN OPPOSITION. BRIAN STUMPF STATED HE FELT SINCE BOTH CANDIDATES WERE WELL QUALIFED BOTH VACANCIES ON THE PLANNING COMMISSION SHOULD BE FILLED AT THIS TIME. #5D Approving Credit Card Applications for Pitney Bowes and Northern Tool and Equipment: Wayne Mayer said he understood why Public Works would want to shop at Northern Tool and Equipment but he felt with the opening of Home Depot in Monticello, the City should also consider applying for a charge account at Home Depot. WAYNE MAYER MOVED TO APPROVE THE CREDIT APPLICATIONS WITH PITNEY BOWES, NORTHERN TOOL AND EQUIPMENT/HSBC SOLUTIONS AND HOME DEPOT. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5G Ordinance Amendment relating to utility billing: Tom Perrault stated the proposed language in the ordinance amendment contained some inconsistencies in Section 7-6-9A and 7-6-9B. It was suggested that the either the reference to "30 days after the billing date" be deleted or replaced by the term "due date." TOM PERRAULT MOVED TO APPROVE THE AMENDMENT TO THE ORDINANCE WITH THE CLARIFICATIONS NOTED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5H Wright County Cooperative Agreement No. 06-55 (turnback of CSAH 75 east of CSAH 18): Bruce Westby informed the Council that after the preparation of this agenda item he learned that the portion of CSAH 75 that the County was proposing to turnback was not in the city limits and therefore the County could not turn it back. Staff will be doing further research into this. Glen Posusta asked about the $24,000 the County owed for work done a few years ago on CSAH 75 and why the City should be picking up that cost with the turnback of the road. Bret 3 Council Minutes: 10/23/06 Weiss said the City would not be absorbing it because if Meadow Oak Avenue is added to the MSA system then CSAH 75 would remain on the MSA system. If CSAH 75 is removed from. the MSA system the $24,000 would be due to the state. He stated a street segment can be added to the MSA system only if it is connected on both ends by another street on the MSA system. Brian Stumpf asked if Meadow Oaks Avenue would have to be added to the MSA system. Bret Weiss stated having it on the system would give the City additional Municipal State Aid funds that could be used for streets. Wayne Mayer questioned provision #3 in the agreement which stated the $24,000 would be reimbursed from the $2,000,000 that the County will be reimbursing the City as part of the County's share of the interchange improvement project. Wright County has stated that the agreement for the $2,000,000 contribution includes the maintenance cost of the turnback. City Attorney, Tom Scott said he read the agreement on the interchange project and it did not cover the issue of the turnback. He concluded there is a difference of opinion on the maintenance cost of the turnback being included in the $2,000,000 payment. Bret Weiss indicated that the County is rather adamant that they will not give the City any additional funds. Wayne Mayer asked if it was to the City's benefit at this time to have CSAH 75 turned back to the City. He asked how much it would cost the City for snow and ice removal for this section of CSAH 75. John Simola noted the section of CSAH 75 from the bridge to the freeway is the state's responsibility. If the City does not accept the street until spring, the County would pay for maintenance of the road over the winter. Bret Weiss said the real reason for turning the road back sooner is that the County will not let the City take down the island that currently blocks the entrance to the O'Ryans site. Bret Weiss said the City could ask the County to allow them to take the median out to comply with the terms of the agreement made with O'Ryans. The initial plan was to remove the island this year in coordination with the construction of the roundabout. The Council felt it needs to be determined if this segment of roadway is in the township and if so what is the possibility of annexing it into the City. Clint Herbst didn't feel that the money issue should be raised stating it was not common that the County would participate in a project like this in the amount of $2,000,000. GLEN POSUSTA MOVED TO APPROVE WRIGHT COUNTY COOPERATIVE AGREEMENT NO. 06-55 CONTINGENT ON THE COUNTY BOARD'S APPROVAL ON OCTOBER 24, 2006 AND WITH THE CITY GOING FORWARD WITH THE REMOVAL OF THE MEDIAN. Tom Perrault suggested adding the condition of annexation to the motion. GLEN POSUSTA AMENDED HIS MOTION TO INCLUDE PURSUING ANNEXATION OF THE RIGHT-OF-WAY IF IT WAS DETERMINED THE ROADWAY WAS NOT WITHIN THE CITY LIMITS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Council Minutes: 10/23/06 7. Public hearing and consideration of adopting assessment roll for the 2006-01C Core Street Reconstruction Program, Project No. 2006-01C. Consulting Engineer, Bret Weiss gave a presentation on the proposed assessment for the project noting that this was the fourth year of the street reconstruction program. As part of the 2006 project Sandy Lane was widened to 28 feet and Otter Creek Road and West River Street were widened to 30 feet. Concrete curb and gutter and storm sewer improvements were also included. Also part of the project was the construction of sidewalk along Otter Creek and River Street. Combined with the 2006 Core Street Project was some mill and overlay work done in the area of utility installations by Center Point Energy and improvements to the parking lot at Mississippi Park. Total project costs were $2,187,812 with $223,371.00 of the cost to be assessed. The rates for the project came to $3,000/residential unit for the street reconstruction, $484.39/per unit for the sidewalk improvement and $80/front foot for non-residential property. Bret Weiss noted since the area did not originally have curb and gutter the assessment was based on a higher cost. The increase in the street cost from the 2005 project was only $32/per residential unit more. The sidewalk was assessed at 25% of the cost and was assessed to all properties that had access to the sidewalk not just those properties abutting the sidewalk. The $80/front foot for non-residential covered everything including sidewalk. Bret Weiss noted that the Holthaus property was not charged for sidewalk since they were assessed at the non-residential rate which included the cost of sidewalk. He added that mobile homes park assessment were not on a per unit basis. Clint Herbst suggested putting the sidewalk on a per unit basis for the mobile home park properties. Bret Weiss sated that Riverside Circle and Sandy Lane were assessed for sidewalk even though it did not abut their property because they still had access to it. If the Council decides to spread the sidewalk assessment over more units, the property owners would have to be re -notified of the adjusted amount. Clint Herbst felt this was a dangerous area for pedestrians and that having the sidewalk installed here was important. Glen Posusta agreed that everyone who benefits, not just the abutting property owners, should pay for the cost of sidewalk. Bret Weiss said as far as the street assessment he didn't think there should be a change for the mobile home parks since they maintain the private streets within the park, but they could be included in the sidewalk assessment since they do derive benefit from the sidewalk. He also noted that Oakview Circle was not assessed sidewalk because they did not have access to it. He added that properties on the east side of Otter Creek were assessed under last year's project which did not include sidewalk and would not be assessed under the 2006 project. Bret Weiss addressed some other items raised. 1) Bridge Improvement — The retaining wall was put in place in order to allow the sidewalk to go in. This cost was part of the street reconstruction cost. 2) Riverside Cemetery — Since the City is already picking up $1.1 million in costs there was no assessment against the cemetery. Bret Weiss addressed the concern of Tom Holthaus regarding the assessment of his property. The property originally received an assessment of $8,167.00 in an earlier project for its frontage along CSAH 75. This amount was reduced to $4,083.50 with the understanding the property owner would be responsible for the assessment for Otter Creek Road when it was reconstructed. Tom Holthaus felt the assessment should be on the residential rate. Bret Weiss 5 Council Minutes: 10/23/06 said since all new lots are assessed at the residential rate the assessment for the Holthaus property would be $15,000 (5 lots x $3,000). The Ritze property was assessed based on a portion of the property being commercial and a portion being residential. Brian Stumpf stated his concern that this parcel was paying 10% of the total project cost. He noted that since the non-residential portion of the property was being assessed at $80/front foot which included sidewalk, there should not be a separate sidewalk assessment on the parcel. Bret Weiss said the City cannot continue to go forward with the reconstruction program because they are not assessing enough of the cost. He stated the Ritze property was assessed according to the direction of the Council that the assessment be split based on its residential and non-residential use. The property is zoned residential but because there was a commercial use on the site the assessment was based on use not zoning. He conceded that other options could be looked at in assessing this property. Bret Weiss added that they have met with Mary Ritze and discussed some different options. One option was to base the assessment on the residential units that could be developed. Brian Stumpf felt that as a Council they should look carefully at the assessment in this area because they are dealing with so many people on fixed incomes. Wayne Mayer asked about going back to the trailer parks and assessing them for sidewalk. Bret Weiss said by increasing the number of units being assessed it would decrease the amount of the sidewalk assessment but he cautioned that he didn't know how much more they could assess to the mobile home lots even though they derive benefit from the sidewalk. Mayor Herbst opened the public hearing. Jim Kramer, representing Mary Ritze of 1405 River Street West, stated that many of the concerns they had about the assessment had been raised in earlier Council discussion. He noted Mary Ritze has a home on five acres and a couple of sheds are also on the property. The property's use as commercial property is very limited and it is quite probable that the existing commercial use will cease. He suggested assessing the property based on its potential for residential development. He felt that if the property was developed there could be five lots created and therefore the property should be assessed based on the five lots. Clint Herbst asked the City Attorney if there was some way to ensure that if the property developed at more than five units, that the additional units would pay the prevailing street reconstruction rate at the time of development. Tom Scott said the City could make the initial assessment based on five lots and prepare another agreement laying out the assessments for anything in excess of five lots. Brian Stumpf asked if the proposed five lots would all be assessed for sidewalk. Jim Kramer suggested one sidewalk assessment for the existing house and the remaining sidewalk assessments be covered in an assessment agreement. In reviewing the assessment for 155-012-002010 it was noted that the parcel had one sidewalk assessment but received two street assessments. Paul Fuss who owns 1228 and 1232 Sandy Lane stated his property has only one driveway access but the structure is a duplex. Bret Weiss stated in that case since it was two residential units, there should have been two sidewalk assessments. Paul Fuss stated the notice he received contained no breakdown on what he was being charged for. R Council Minutes: 10/23/06 Bret Weiss said the policy is if you develop a new lot you pay the full front foot cost for developing for new parcels. Glen Posusta felt if the City follows this pollicy on the Ritze property they should also do it on the Holthaus property. Bret Weiss noted that Tom Holthaus has not signed the development agreement that stated the cost would be on a front foot basis. Clint Herbst stated that ultimately the City would be looking at reviewing the sidewalk assessment. Glen Posusta added that the City is assessing only a small portion of what other communities assess for street reconstruction and the assessment is a small portion of the project costs. In other communities reconstruction costs are assessed at $5,500-$7,500 per unit. Bret Weiss felt it was important for the City to continue the street reconstruction program. Glen Posusta noted that this reconstruction project did not seem to go as smoothly as previous projects. Bret Weiss noted there a number of circumstances that factor into that, such as soil conditions, weather conditions especially rainfall amounts and experience of the contracting crews. Wayne Mayer stated that in this project the initial assessment proposed was in excess of $5,000 and that the Council turned to use of other sources of funding to reduce the assessment cost. Greg Roden, 1222 River Street West, stated that at the first public hearing the sidewalk cost was estimated at $200 per unit and now it is at $484.39. He questioned why there was such an increase in the sidewalk cost. Bret Weiss indicated that construction costs had gone up substantially. Greg Roden pointed out that the street reconstruction cost had stayed the same as the original estimate. Bret Weiss pointed out the street reconstruction assessment was based on a fixed rate as established by Council while the sidewalk assessment was based on actual cost. Earl Swan, 1224 Sandy Lane had a number of questions about the sidewalk including how it was determined who would be assessed for it and who would be responsible for maintaining it. He also questioned the need for storm sewer in their area. Bret Weiss responded that when you put in curb and gutter you need to have storm sewer. He added that the issue with the sidewalk assessment is where the break point for benefit should be established. Bret Weiss said the sidewalk was not addressed in the overall street reconstruction program but is addressed on a case by case basis. This was an area where the Council felt sidewalk was necessary. Ed Solberg, 1204 Sandy Lane questioned the increase in cost over previous years project costs. Bret Weiss provided information on the assessment rate for each year the reconstruction program was in existence. Mayor Herbst closed the public hearing. Mayor Herbst stated that the assessment for street reconstruction was a good deal for the residents and the questions raised by the residents seemed to be primarily about the assessment for sidewalk. With the proposed change in the number of units to be assessed for sidewalk to include the units in the trailer park, it would require another hearing. Tom Scott stated the Council could. establish a different rate for the trailer units and added that any changes that created an assessment more than the current proposal would require the hearing to be re -noticed. Clint Herbst felt that it would be best to re -notify everyone in the project area. 7 Council Minutes: 10/23/06 Brian Stumpf asked Bret Weiss if he was in contact with Tom Holthaus regarding the proposed assessment for his property. Bret Weiss stated they were not in agreement on the amount of the assessment. There is approximately $1,800 difference between what is proposed and what Mr. Holthaus felt he should be assessed. Wayne Mayer felt the same formula used for the Ritze property should be applied to the Holthaus property. The formula proposed for the Ritze property is based on street and sidewalk assessments for five units with an agreement that anything over five units would be assessed at the prevailing rate at the time of development. There was a question on the sidewalk for the Holthaus property. Jeff O'Neill indicated the developer in the development agreement which has not been signed, is required to install sidewalk along CSAH 75. The Council felt if the developer was building a sidewalk under the terms of the PUD, the Council should not be assessing any further sidewalk charges against the five lots. City Attorney, Tom Scott recommended a motion to continue the public hearing adding that whatever dollar amount the City puts forth in the notice to the property owner is the cap for the assessment. There was some discussion on the frontage used in estimating the number of lots that could be developed. BRIAN STUMPF MOVED TO CONTINUE THE PUBLIC HEARING UNTIL NOVEMBER 13, 2006 AND DIRECT STAFF TO RE -NOTICE THE AFFECTED PROPERTY OWNERS. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Public hearing and consideration of adopting assessment roll for the extension of School Boulevard from Deegan Avenue to Redford Lane, Project No. 2005-02C. Shibani Bisson provided the background information on this project pointing out that the project allowed for development of the Jefferson Commons property, Ocello property and Prairie Ponds development. School Boulevard was constructed to a 44' width with a trail on the north side. The total project cost was $1,393,197. The project was funded by $699,835 in special assessments and the use of trunk and general funds. Shibani Bisson noted that some of the assessments were covered by assessment agreements with the property owners. Mayor Herbst opened the public hearing. There was no one present who spoke for or against the proposed assessment. Wayne Mayer asked about the reduction of the assessment on the Taco Johns property. Shibani Bisson explained it was because there was a reduction in the cost of putting the trail in behind Taco Johns. BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE EXTENSION OF SCHOOL BOULEVARD FROM DEEGAN AVENUE TO REDFORD LANE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 0 Council Minutes: 10/23/06 16. Consideration of sale of City owned lot on River Street and review of home proposed to be located on the lot. This item was moved up on the agenda at the request of Council. The Council was being asked to consider the sale of a city owned lot on River Street to Joseph and Rita DeAntoni. The DeAntoni's are proposing to move a house onto the lot if they can acquire the property from the City. City Administrator, Jeff O'Neill explained that the house that was being proposed to be moved in is 1200 square feet and meets the standards for an R-2 District but not an R-1 District. Wayne Mayer said he would like to see new construction on the lot rather than have a home moved in especially if the home being moved in is 20 years old. The DeAntoni's responded the house was similar in age to other homes along River Street. They would update the siding and make other changes as recommended by the Council including increasing the size to 1400 square feet. The DeAntoni's questioned whether a new home would fit the complexion of the area. They noted all improvements to the home would be done by late spring. Glen Posusta said he had some concern about the reaction of other residents in the area. Wayne Mayer felt the Council had to decide whether they wanted new construction on vacant city land or allow a home to be moved in. Wayne Mayer asked the procedure for moving a building in. Gary Anderson, Chief Building Official, said they would go visit site before the house was moved and let the owner know what items had to be corrected. Glen Posusta said he was not ready to vote on this because he wanted to know how the neighbors would react to it. WAYNE MAYER MOVED TO DENY AUTHORIZATION TO SELL THE RIVER STREET RESIDENTIAL PARCEL TO JOSEPH AND RITA DEANTONI BASED ON THE FINDING THAT THE PROPOSED HOME DOES NOT MEET STANDARDS AND TO ALLOW FOR NEW CONSTRUCTION ONLY ON THE CITY OWNED SITE. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION AS HE WOULD HAVE LIKE TO HAVE HAD THE CHIEF BUILDING OFFICIAL'S OPINION OF THE HOME. 9. Public hearing and consideration of adopting assessment roll for the extension of 7th Street from St. Henry's to CSAH 18 and the construction of Highland Way from 7th Street to CSAH 75, Project No. 2004-02C. The extension of 7th Street and Highland Way was done to accommodate the development of the Union Crossings commercial development. The total project cost came to $2,134,913. The Ryan Companies and St. Henry's are the primary properties affected by this project. Glen Posusta asked why St. Henry's was being assessed when it was the City that instituted the change. WSB responded the storm water pond could have stayed in its present location but St. Henry's wanted to move it in order to create a lot. Another portion of this project is the assessment for the signal light at CSAH 75 and Highland Way. 25% of the signal cost was assessed with the cost spread out based on estimated trip generation. The proposed assessment for the signal includes the Jens Rivervue Apartments and apartments located in the Macarlund Plaza plat. E Council Minutes: 10/23/06 Mayor Herbst opened the public hearing. No one was present who spoke for or against the proposed assessment. Mayor Herbst then closed the public hearing. Glen Posusta questioned why the City didn't have street lights in the area and felt the developer should be paying for them. Bret Weiss stated typically the City has not included street lighting in their projects because the developer puts them in. Bret Weiss said the City is not paying any cost of the street lights in this area as there are funds available for the improvement. He stated street lighting costs would be included in the overall project costs in the future which had not been the case in the past. Bret Weiss stated the City did get a letter from the developer stating that they felt St. Henry's should pick up half of the cost. BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE EXTENSION OF 7TH STREET FROM ST. HENRY'S CHURCH TO CSAH 18 AND THE CONSTRUCTION OF HIGHLAND WAY FROM 7TH STREET TO CSAH 75. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION AS HE DID NOT BELIEVE THE APARTMENTS SHOULD BE INCLUDED IN THE SIGNAL ASSESSMENT. 10. Public hearing and consideration of adopting assessment roll for the CSAH 18/I-94 interchange and related improvements, Project No. 2004-01C. Bret Weiss reviewed the proposed assessment for this project. Most of the assessments are covered by assessment agreements with the property owners which includes deferment of the assessments until 1/1/2011. He noted that the Monticello Industrial Park provided a significant amount of right-of-way for this project. Mayor Herbst opened the public hearing. There was no one present who spoke for or against the proposed assessment. Mayor Herbst then closed the public hearing. GLEN POSUSTA MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE CSAH 18/I- 94 INTERCHANGE AND RELATED IMPROVEMENTS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Public hearinp, and consideration of adopting assessment roll for extension of Meadow Oak Avenue from the current termini to CSAH 18, Project No. 2005-05C. The extension of Meadow Oak Avenue was done to allow for a detour route during the construction of the interchange. The total project cost was $742,885. Monticello Industrial Park is proposed to be assessed a total of $408,994.00 and Resurrection Lutheran Church a total of $58,085.80. There are assessment agreements covering both properties. Shibani Bisson noted that Resurrection Lutheran Church was not assessed a street assessment because they provided the City with right-of-way for Meadow Oak Avenue. John Simola asked if the street light construction along Meadow Oak was included in this project. Shibani Bisson indicated it was as were the restoration costs. Mayor Herbst opened the public hearing. There was no one present who spoke for or against the proposed assessment. Mayor Herbst closed the public hearing. lul Council Minutes: 10/23/06 WAYNE MAYER MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE EXTENSION OF MEADOW OAK AVENUE, CITY PROJECT NO. 2005-05C. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Public hearing and consideration of adopting assessment roll for the Chelsea Road extension from 901h Street to CSAH 39 and School Boulevard (Chelsea Road to 1330 feet south), City Project No. 2005-11C. John Chadwick had submitted a request to the Council to table adoption of this assessment until they could further study the assessment amounts. Mayor Herbst opened the public hearing. There was no one present to speak for or against the proposed assessment. Mayor Herbst closed the public hearing. TOM PERRAULT MOVED TO CONTINUE THE PUBLIC HEARING ON THE PROPSOED ASSESSMENT FOR THE CHELSEA ROAD EXTENSION TO NOVEMBER 13, 2006. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Public hearing and consideration of adoption of assessment roll for delinquent utilities. Mayor Herbst opened the public hearing on the assessment for delinquent utilities. There was no one present who spoke for or against the proposed assessment. Mayor Herbst then closed the public hearing. WAYNE MAYER MOVED TO ADOPT THE ASSESSMETNT ROLL FOR DELINQUENT UTILITY CHARGES. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 14. REMOVED. 15. Consideration of authorizing 7th Street and Highland Way Street Lighting. John Simola provided background information on the project explaining that funds are available that could be used for the street lighting work. He was asking the Council to reconsider the tabling of the project and to authorize moving forward with the work. Even if the project is started now the lights would not be ready until February. Brian Stumpf noted the contribution of the developer for the street lights. BRIAN STUMPF MOVED TO AUTHORIZE PREPARATION OF REQUESTS FOR PROPOSALS FOR STREET LIGHTING ON EAST 7TH STREET AND HIGHLAND WAY WITHIN THE RYAN DEVELOPMENT WITH THE PROPOSALS TO COME BEFORE THE COUNCIL FOR CONSIDERATION IN NOVEMBER. TOM PERRAULT SECONDED THE MOTION. 11 Council Minutes: 10/23/06 Glen Posusta questioned doing this in the winter. Wayne Mayer said he understood the eagerness to get the project going but he would like to see how the franchise fee would impact this. Director of Finance, Rick Wolfsteller indicated that the terms of the franchise fee have not been negotiated but he understood that if the City through the franchise fee acquires $1,000,000 in reserves then the franchise fee would be eliminated. Clint Herbst felt there was no reason to put the project off since the funds were available. Glen Posusta felt with the lights installed at the Target and Home Depot sites, there should be adequate lighting for the time being so there was no need to rush into the project. Wayne Mayer asked if there were any time constraints on the use of the $30,000 for the lighting. Staff indicated they were not aware of any time frame on the use of the funds. The three existing lights that were installed by the developer are not being used because they would have to be re -wired. Wayne Mayer asked how the number of lights to go in was determined. John Simola stated he had no indication of how it was determined. Bret Weiss said according to the Ryan Companies the lighting plan was approved by the previous Building Official. Rick Wolfsteller asked if the City had received the $30,000 or does the City get the funds once the street lighting is completed. It was felt that if the lights were not installed within a year there is a possibility the funds would not be available. MOTION CARRIED WITH WAYNE MAYER AND GLEN POSUSTA VOTING IN OPPOSITION. 16. Consideration of sale of City owned lot on River Street and review of home proposed to be located on the lot. Moved up in the agenda. 17. Consideration of establishing procedures for sale and marketiny, of City -owned Jefferson Commons commercial property The Council reviewed a proposal for hand car wash in the city -owned Jefferson Commons development. Brian Stumpf did not feel this proposal was suited for this area and he would like to see any proposals come before the Council before a purchase offer is made. Clint Herbst felt with the bowling alley going in it would spark interest for other development in this area. He felt the Council should look at what they want to go in the area which he felt should be entertainment uses. Brian Stumpf also added the land should not be sold on speculation. Wayne Mayer asked if Council should be instructing staff to look at developments covering 4-7 acres site rather than smaller developments. The Council indicated they did want to review all proposals. Added Items: Linn Street/Front Street Contract. The Council brought up the letter received from the second low bidder on the project who had questioned why all bidders were not required to submit a security. Bruce Westby explained that in preparing the specifications he had included a requirement for a bid 12 Council Minutes: 10/23/06 bond even though the project was less than $50,000. Tom Scott, City Attorney, said it was within the the City's right to waive this requirement. Ordinance Amendment for utility billing. Staff asked for clarification on the action on the ordinance amendment for utility billing. As part of the agenda item the Finance Department was also asking for direction in establishing a billing procedure for multiple dwelling units where there was only one sewer and water service. Since the ordinance establishes that each unit that can legally transferred as a separate unit should have its own individual sewer and water connection, Council questioned how this situation could exist as it was a violation of the ordinance. The Council indicated that they supported Optionl as recommended by the Finance Department. 18. Approve payment of bills for October. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 19. Adjourn. TOM PERRAULT MOVED TO ADJOURN AT 10:15 P.M. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 'h l Recording Secretary 13