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City Council Minutes 03-12-2007 Council Minutes: 3/12/07 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, March 12,2007 - 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. lA. Presentation of award received for the CSAH 18/1-94 Interchanl!e Proiect. Bret Weiss from WSB and Associates made a presentation of awards the City and WSB and Associates had received for the CSAH 18/1-94 Interchange Project from the City Engineers Association of Minnesota (CEAM) and the American Council of Engineering Companies (ACEC). A factor in the City receiving the award was the complexity of the project, the involvement of multiple agencies and the creative financing for funding the project. 2A. Approve minutes of Februarv 26. 2007 Special Council Meetinl! The special meeting was a workshop discussing the proposed rental ordinance. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 26, 2007 SPECIAL COUNCIL MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of Februarv 26. 2007 Rel!ular Council Meetinl! Tom Perrault had a correction on Page 3 for item #5F noting the property should have been described as lying south of Chelsea Road not north of Chelsea Road. On Page 4 relating to the street reconstruction project and the proposed parking lot improvements for Hillcrest Park the correction was that the parking lot improvements should be funded from the park fund not the pathway fund. WAYNE MAYER MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 26, 2007 REGULAR COUNCIL MEETING WITH CORRECTIONS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of addinl! items to the al!enda. J elf O'Neill added scheduling of a meeting of the Personnel Committee to discuss the upcoming union negotiations. Clint Herbst added an update on the compost facility operation and an update on the second liquor store site. I Council Minutes: 3/12/07 4. Citizen comments. petitions. requests and concerns. DJ. Bakken from Elk River and Lori LeBrun came before the Council to explain their proposal for a conununity effort to build a house for Shreveport, Louisiana. Hope Filled Hands is a non-profit organization established to build housing for the hurricane victims in the south. It is proposed to build the frame here and ship it down south where it is assembled. They stated they were looking for moral support from the conununity as well as from the Council. SUSIE WOJCHOUSKI MOVED THAT THE CITY OF MONTICELLO SUPPORT THE COMMUNITY EFFORT TO BUILD A HOUSE FOR SHREVEPORT, LOUISIANA. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5. Consent Al!:enda: A. Consideration of ratifying hires and departures for MCC and Fire Department. Recommendation: Ratify hires and departures as identified. B. Consideration of appointment to Police Conunission. Recommendation: Appoint Jim Roberts to fill the vacancy on the Police Commission. C. Consideration of adoption of resolution supporting legislation on change in tax rate for utilities. Recommendation: Adopt the resolution supporting HF 1113/SF 724 relating to changing class rate on utility companies. D. Consideration of approving a one year contract extension with Carefree Lawn Service. Recommendation: Approve a one year extension of the contract with Carefree Lawn Service at the same rates as the existing contract. E. Consideration of amendments to River City Lanes development agreement. Recommendation: Accept amendments to the Land Exchange and Private Development Agreement between the City of Monticello and River City Lanes. BRIAN STUMPF MOVED THE CONSENT AGENDA ITEMS #5A, #5B AND #5D. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent al!:enda for discussion. #5C Adopting a resolution in support of HF 11l3/SF 724 relating to the change in tax classification for utility companies: Wayne Mayer stated he would like a copy of this resolution sent to the City's representatives at the legislature, Senator Amy Koch and Representative Bruce Anderson. WAYNE MAYER MOVED TO ADOPT A RESOLUTION IN SUPPORT OF HF 1113/SF 724 AS RELATED TO THE VALUATION OF THE MONTICELLO NUCLEAR GENERATING FACILITY. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2 Council Minutes: 3/12/07 #5E Consideration of amendments to the agreement between the City of Monticello and River City Lanes pertaining to the land exchange: Wayne Mayer pulled this item because of the extension of the lease for an additional three months. He also questioned ifthe lease extension is an avenue where the City could recoup some of the expense in the amount of $12,000 that the City incurred in the removal of hazardous material from the Monte Club site. Jeff O'Neill pointed out the current proposal is a phased plan while the original plan was not. The phasing language is not in the current agreement so there needs to be some further changes to the agreement to address that. Wayne Mayer asked if this item should be tabled until all the changes were made. Mark Parnell representing River City Lanes said they are requesting that the City look at this now because the closing company has requested certain information so that this project can proceed. River City Lanes would also like to get this updated so construction can commence. Mark Parnell indicated delaying action would put the April 1, 2007 deadline out of reach. Legal counsel, Joel J amnik stated the dates under Section 4.4 in the current agreement or in the revised agreement would allow the Council to table action on this matter. There is one more Council meeting before the April 1 st deadline. Mark Parnell expressed his concem that waiting until the March 26, 2007 meeting didn't give them much time to get everything accomplished before the April 1 sl deadline. Joel Jarnnik stated language would have to be drafted covering the phasing and the change in lease payment terms. Clint Herbst said the Council could approve the amendments with the contingency of adding language for phasing and change oflease payment terms. Jeff O'Neill indicated that the language was drafted but had not been incorporated into the agreement. Wayne Mayer again asked about the asbestos abatement cost and whether this was a chance for the City to recover some of the costs. The costs for abatement could be included in the three additional lease payments. Tom Perrault felt the City didn't have a valid claim for reimbursement but Brian Stumpf felt it was an issue that could be negotiated. Wayne Mayer asked how this issue could be addressed as part of this agreement. Susie Wojchouski had a concern about the banquet facility being put in at a later date without a specific date being given. Wayne Mayer agreed stating that the smaller footprint for the facility would mean less valuation and fewer taxes generated. Wayne Mayer asked if the abatement cost and setting a timetable for the phasing of the project could be incorporated into the agreement. Joel Jarnnik suggested the Council specify what changes the Council wants to add. Brian Stumpf felt the City should try to recover 50% of asbestos abatement cost. Mark Parnell said the second phase of construction would be about 18 months off. Clint Herbst felt the City could go up to 24 months and suggested that time frame be included in the agreement. Jeff O'Neill stated there was a $50,000 penalty if not constructed as proposed. This amount could be drawn upon after 24 months. The revised completion date for improvements would be November 30, 2007. With the 24 month allowed for the phasing the final completion date would be November 30, 2009. Wayne Mayer felt the issues of the asbestos abatement, lease payments and phasing should be ironed out more before a motion is made. Susie Wojchouski agreed with Tom Perrault that the reimbursement for the asbestos removal is something the City may just have to absorb. She felt the City should negotiate on what the City is getting back in the way oflease payments. There was no monetary amount listed in the lease. At the present time the lease payment amount is what it costs River City Lanes to run the facility but nothing in excess of that. If the amendment is approved it would 3 Council Minutes: 3/12/07 extend the lease 4-5 months beyond the original date. Clint Herbst suggested any lease payments received after September 30, 2007 could be earmarked for asbestos removal. There was discussion what the monthly lease payment should be. Under the current lease it is $50/month. Mark Parnell stated he was not aware of the asbestos problem but he didn't think there would be problem with River City Lanes contributing $6,000 for asbestos removal. It was recommended that the payment be $2,000/month and if the lease payment extends beyond 3 months, the $2,000 rate would continue. Mark Parnell suggested a $1,OOO/month. WAYNE MAYER MOVED TO ACCEPT THE AMENDMENT TO THE AGREEMENT WITH RIVER CITY LANES CONTINGENT UPON STAFF ADDING LANGUAGE TO THE DOCUMENT COVERING PHASING AND REPAYMENT OF ASBESTOS REMOVAL COST IN THE FORM OF LEASE PAYMENT OF $6,000 THROUGH THE END OF DECEMBER AND IF THE LEASE EXTENDS BEYOND THE DECEMBER DATE PAYMENTS WILL CONTINUE AT $1 ,OOO/MONTH. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION AS HE QUESTIONED THE RENTAL PAYMENT AMOUNT. 7. Public Rearm!!: on 2007 Street Reconstruction Project. City Project No. 2007-01C: order project and authorize preparation of plans and specifications. Bret Weiss from WSB & Associates gave a presentation on the proposed project. He stated they had conducted a number of informational meetings with residents in the area. The street reconstruction project is part of a phased program that was started in 2004. The condition of the streets are rated annually. Area 3 was originally proposed to be a one year project but because it was an area without curb and gutter and therefore more expensive, this project area was extended over three years. The proposed project cost was $3,300,000 but with changes based on Council and resident input from previous meetings the price has been reduced to approximately $2,000,000. Bret Weiss reviewed the streets affected by the proposed project. All the streets in the project area would be reconstructed with the exception of Kenneth Lane which would receive a mill and overlay. Existing street widths in the area vary from 22' -24'. The proposed project would widen River Street to 30' while Hillcrest Road and Hilltop Drive would be widened to 26'. Other streets in the project area would remain at their current widths. Bret Weiss emphasized that they have tried to fit this project into the existing conditions. As part of this project parking would be restricted to one side of the street. Bret Weiss indicated that portions ofthe existing ditch system would remain in place but the ditches would be filled in where it was proposed to install sidewalk. A parking lot at Hillcrest Park was added to the project since people using Hillcrest Park are parking their vehicles along CSAH 75. The project allows for either a graveled or paved parking lot. The Parks Department has indicated they do not have funds budgeted for the parking lot improvement. There is some sewer repair work to be done along Craig Lane that would be included in this project. There was discussion of the alignment of River Street at CSAH 75. It was noted the area on River Street east of the curve would have curb and gutter and storm sewer. Sidewalk would extend on the south side of River Street to the park entrance. Bret Weiss explained in more 4 Council Minutes: 3/12/07 detail the work proposed to be done on each of the streets in the project area. He stated they tried to minimize the storm sewer to the intersections which help reduced the overall storm sewer costs. In addition they have tried to utilize the existing ditch system. Since there currently is no cul-de-sac at the end of Hilltop Drive it is proposed to construct a cul-de-sac smaller than the standard cul-de-sac. This would allow a turnaround for vehicles. Another issue for the Council to consider is the installation of services for a couple of properties that were large enough to be split and therefore would need additional services. Bret Weiss felt it would be better to install them now before the road is improved. He added that the property owners have not requested that additional services be provided. Tom Perrault questioned whether the power lines in the area would be the reason the property did not develop. One property owner had requested the City look at constructing concrete streets. Concrete streets would add about 25% to the construction cost but would last longer. Brett Weiss said if the City wanted to consider doing a test area of concrete street, it could be considered. There is a drainage problem on Craig Lane which is proposed to be corrected. The curb around the cul-de-sac would be removed and replaced with drainage then being directed to the new low point of the cul-de-sac. Bret Weiss also pointed out that as part of the project, there is a possibility that a gas line may have to be relocated. In the feasibility report WSB & Associates had looked at improving River Street from CSAH 75 to the ball fields. They are recommending delaying this portion of the project. The adjacent property owner did not want reconstruction of the street. He merely wanted additional maintenance. Bret Weiss stated the pathway in the area was built in 1997. In order to get funding, the City needs to get a pathway connection to the ball field. There are two street options; a rural design at an estimated total cost of $2,082,700 and an urban design at a cost of $2,098,300, which is approximately $16,000 more than the rural design. The portion of River Street from CSAH 75 to the ball fields which is proposed to be delayed had an estimated cost of$470,380. The assessment rate for residential properties is proposed to be $3,300/per unit or driveway. There are approximately five properties in the project area that have dual driveways. The mill and overlay for Kenneth Lane would be approximately $1,434 per unit based on 50% of the cost being assessed. Sidewalk is proposed at $246/unit with Hillcrest Circle not receiving a sidewalk assessment since they do not have access to the sidewalk. 25% of the total sidewalk cost is proposed to be assessed. Non-residential rate for reconstruction is $80/front foot. Ofthe total project cost of$2,098,300, $562,000 will come from the street fund; $372,000 in special assessments; $420,000 from state aid funds and $495,100 from trunk utility funds. There will be a shortfall of $249,200. Bret Weiss stated there maybe excess state aid funds from future projects that could be used to reduce the shortfall. The projected time frame for the project is to have the Council approve the plans and specifications on April 23, 2007; open bids on May 21,2007 with construction start in June and completion of the project in October. 5 Council Minutes: 3/12/07 Mayor Herbst opened the public hearing. Lee and Carrie McDougal, 101 Hillcrest Circle, questioned why Kenneth Lane was being charged less. Brian Stumpf pointed out that Kenneth Lane was getting an overlay while the other streets were being reconstructed. Bret Weiss added that assessments for mill and overlay were done differently than street reconstruction but all reconstructions were assessed in the same manner. They also asked about repair of curb and gutter once it was installed and ifthere would be additional assessments for repair. Bret Weiss replied that repair of existing curb and gutter is a maintenance expense. They also had a question on the type of curb for River Street and Bret Weiss responded that it would be surmountable curb. Jeff Van Giese, President of the Monticello Rod and Gun Club didn't feel their property should be classified as commercial because they are a non-profit organization. He questioned if something less than the $80/front foot could be negotiated. He also had concerns about the intersection of River Street and CSAH 75 and what could be done there as it does impact their property. It was suggested that perhaps some kind of agreement could be worked out where they would receive a certain assessment amount now and if the property develops differently then additional assessments may kick in. This is something that will be looked at prior to the assessment hearing. Bret Weiss indicated he would like to meet with the Rod and Gun Club about the intersection and any possible easements that may be needed. Joel Splittstozer, 1413 Hilltop Drive brought up a drainage issue. A lot of water already runs through their yard and he is concerned about additional water corning through his lot. Bret Weiss stated this project would not increase the level of water any appreciable amount. He also has a double driveway and would receive two assessments. He questioned the rationale for assessing two units for property with a double driveway. He argued if the lot size and driveway width didn't impact the assessment why should the number of driveways affect it. Bret Weiss stated that according to City ordinance double driveways are not allowed. Clint Herbst noted that at one time this area was not in the City limits and was annexed in later so some of the dual driveways were pre-existing. Joel Splittstozer said technically his was not a double driveway but rather V-shaped. Bret Weiss said three of the properties affected have U-shaped driveways and the Council should make the determination ifU-shaped driveways would be handled differently than a double driveway. There was some discussion on the two driveways and whether they were for separate uses. Brian Sturnpffelt that if the lot was large enough to be split, he would like to see them assessed for any double driveway but if the lot could not be split and there weren't separate uses, then the Council should look at handling them differently. The Council will take the time between now and the assessment hearing to study this further. Joel Splittstozer also asked ifhe decided to get rid of one of the driveways is there some way that could be incorporate with the improvement project. Correy Peters, 124 Hillcrest Road asked Bret Weiss to define "creek" for him as he questioned the City wanting to dump more water into this site. He also asked about widening Hillcrest Road to 26' and the impact that would have as far as his front yard. Bret Weiss indicated that 26' is the minimum width for a street with curb and gutter. Correy Peters asked about the widening of River Street to 30' and the impact that would have on the three properties adjacent to the park. Bret Weiss responded that the City is staying in the right-of- way for Hillcrest and on River Street the road would be shifted a little to fit the sidewalk and curb and gutter. 6 Council Minutes: 3/12/07 Mark Olsen president of the Monticello Area Alano Society asked about the location of the overpass and Bret Weiss responded that would be on the NSP side of the site. Mark Olson also commented on the wisdom of putting in sidewalk if there was going to be an overpass located there. Clint Herbst indicated that in all probability the City would not be doing that portion of the project. Mark Olson also brought up a drainage concern with the washing out of the storm sewer ponding area at the KlucastTimber Ridge development. Bret Weiss indicated they would check the situation out but added that there has been a problem getting vegetation established. Mark Olson stated that as a non-profit organization they could not afford the assessment. He commented on the need to look at the intersection of River Street and CSAH 75 and the need to remove vehicle parking on CSAH 75 at Hillcrest Park. Carrie McDougall, 101 Hillcrest Road, asked if the residents would be able to get into their. driveway during street construction. Bret Weiss said the residents should be able to utilize their driveways. She also asked since they are not getting a whole new curb would they get a price reduction. The rates set for this project are uniform. All property benefiting from the street reconstruction would receive the same $3,300 rate. Daryl Tindle, 1710 West River Street commented on the "creek" stating it is becoming stagnant and felt additional run off would only make it worse. He stated Outlot A which he owns would not be able to be split because of the power lines. Mr. Tindle said the culvert is blocked which causes the creek behind his house to fill up. Joel Splittstozer also commented on the water flow in the area. Bret Weiss suggested a separate meeting to look at drainage issues and water flows. Daryl Tindle questioned why he is being assessed for the triangular piece that he owns. Bret Weiss clarified that there is only one assessment per driveway. Daryl Tindle responded that the second driveway is used infrequently. He said the map showed the driveway going into Outlot A which is not a buildable lot. Dan Kellas, 1803 West River Street has a V-shaped driveway which has been in existence for 35 years. He has a larger lot but the location of the house and garage make subdividing or adding land to the lot impossible. He stated the road is higher in elevation than the lots that abut the road. He realizes it is important to bring down the elevation of the road. He concluded by again stating his opposition to the assessment based on two driveways. Len Hellwig, 1813 West River Street questioned the need for sidewalk and storm sewer as he didn't feel storm sewer would help. Clint Herbst stated the $3,300 amount would be the assessment whether the City goes with a rural section without curb or an urban section with curb and gutter. The rate is set at $3,300 no matter what the City cuts out. Brian Stumpf added for clarification that the $3,300 was for the street reconstruction and did not include sidewalk which is a $246/unit. Tim Vary, 1805 West River Street asked about the ditches. If the street is widened will the slope of the ditches remain the same or will they be steeper. He also noted there are no culverts in the area. Mayor Herbst then closed the public hearing. 7 Council Minutes: 3/12/07 The Council then addressed some specific issues relating to this project as follows: . Hillcrest Park parking lot: Brian Stumpf did not want to see a gravel parking lot but felt granite chips or something with dust control would be better. Clint Herbst felt the use of milling material would be appropriate. Bret Weiss stated they could put curb around the gravel area. The consensus of the Council was to use the milling material for the parking lot rather than paving it and to have some type of containment or delineation of the parking lot area. . River Street - Rural or urban design: Brian Stumpf felt the urban design made more sense. Clint Herbst asked if a rural design was used would they put concrete along the edge. Bret Weiss indicated that would be the case. Clint Herbst felt in that case the City might as well put in the curb. . River StreetlCSAH 75 intersection alignment: Bret Weiss suggested talking with the Rod and Gun Club regarding a possible easernent and then bring the information back to the Council. . River Street from CSAH 75 to the ball fields: This portion of the project will be delayed. . Reconstruction assessment rate: The Council set $3,300/per driveway as the rate and noted there will be some additional study of those properties with U-shaped driveways. . Sidewalk assessment rate: The Council set the assessment rate at $246/per unit which is 25% of the cost. . Mill and overlay assessment rate: The Council set the rate at $1,434 per unit which is assessing 50% of the cost. . Pedestrian crossing at Prairie Road: Continue discussions with County for alternatives to an at-grade crossing. . Plastic pipe: This will be bid as an alternate. BRIAN STUMPF MOVED UNDER THE 2007 CORE STREET PROJECT TO ORDER THE PROJECT, AUTHORIZE THE PREPARATION OF PLANS AND SPECIFICATIONS COVERING AREA 3, EXCLUDING WEST RIVER STREET FROM CSAH 75 TO THE BALL FIELDS INCLUDING DIRECTIONS AS PER THE DISCUSSION OF THE ABOVE BULLETED ITEMS. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION AS HE FELT RIVER STREET COULD REMAIN AT 28'. 8. Public hearin!! on adoDtion of amendments to the nuisance/bli2ht ordinances and ordinance establishin!! administrative fee Drocess. Previously the Council conducted a workshop on revisions to the existing nuisance/blight ordinances in order to streamline the process for abating nuisances. DJ. Hennessey reviewed the proposed amendments to the ordinance. He stated the current process is lengthy and the City's current ordinance doesn't carry a lot of clout. There are three actions the Council is asked take regarding the nuisance/blight ordinances which are: I) Adopt the ordinance amending sections of the current nuisance/blight ordinance; 2) Adopt a new ordinance dealing with establishing procedures for addressing offenses and violations; and 3) Adopt a resolution setting forth the penalties for violation of the ordinance. 8 Council Minutes: 3/12/07 Wayne Mayer asked legal counsel, Joel Jamnik ifhe felt the ordinance was enforceable. Joel Jamnik responded that the ordinance was straight forward and easier than going through the court system. Mayor Herbst opened the public hearing. Arnie Tessmer, 719 East River Street asked who they report violators to. D.J. Hennessey said they could use the on-line form on the City's website or they could call the Building Department. Carrie McDougall, 101 Hillcrest Road asked about race cars. DJ. Hennessey reviewed the definition of junk vehicles noting that it did not include race cars. She also questioned the off-street parking. DJ. Hennessey stated it has to be 15' from the street surface on an improved surface or driveway and one additional space to the side of the driveway. Jeff O'Neill said parking in the back yard is in the zoning ordinance and the Planning Commission will be dealing with that at a future meeting. Mayor Herbst closed the public hearing. While the Council felt the ordinance amendments were a good step they did note that the zoning ordinance revision relating to parking in the rear yard needed to be completed as well. BRIAN STUMPF MOVED TO ADOPT ORDINANCE AMENDMENTS TO TITLE 7, CHAPTER 1, PUBLIC NUISANCE AND TO ADOPT AN ORDINANCE TITLE 1, CHAPTER 7, ADMINISTRATIVE OFFENSES AND ADOPT A RESOLUTION SETTING FORTH A SECHDULE OF OFFENSES AND VOLUNTARY ADMINISTRATIVE PENALTIES FOR CITY CODE VIOLATIONS WITH THE MOTION BASED ON THE FINDING THAT ADOPTION OF THE ALTERNATE ENFORCEMENT MEASURES WILL ASSIST STAFF IN ADMINISTERING THE CODE AND HELP RECOVER THE COST OF ENFORCEMENT. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Continued Public Rearm!!: Stabilization al!:l"eement with XceI Enerl!:V Clint Herbst felt the City should tell Xcel Energy that until they clarify certain points in the agreement this item will be tabled. Since Xcel didn't want to clarify the terms, he didn't feel comfortable signing the agreement. Wayne Mayer asked if this was something that should be put in writing so could be forwarded to the City's representative and senator to them an understanding why the City is doing this. He felt it was in the City's best interest to put this in writing and get it into the hands of other cities because there was a confusion factor out there. Clint Herbst felt the City should send a letter to Xcel with a copy to Senator Amy Koch and Representative Bruce Anderson so they know the City is asking for clarification of terms used in the agreement. SUSIE WOJCHOUSKI MOVED TO TABLE ACTION ON THE REVENUE STABILIZATION AGREEMENT, TO SEND A LETTER ASKING FOR CLARIFICATION FROM XCEL ENERGY WITH A COPY GOING TO THE CITY'S STATE SENATOR AND STATE REPRESENTATIVE AND TO SEND A COPY TO THE 9 Council Minutes: 3/12/07 REPRESENTATIVES AND SENATORS FROM OTHER UTILITY CITIES. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Review of proposed ordinances and consideration of approvinl! franchise ordinance and franchise fee ordinance with XceI Enerl!V. Legal counsel, Joel Jamnik reviewed the two franchise related ordinances with the Council. The term of the franchise agreement is 20 years with the franchise fee being used for the betterment of street lighting facilities and is limited to that use. Xcel requires that the franchise renewal and the franchise fee agreement be separate ordinances that run concurrently. The expiration date of the franchise is 2027. Wayne Mayer asked why the term of the franchise agreement was 20 years instead of 10 years. Joel Jamnik indicated it would make for an excessive work load for Xcel staff if they were redoing franchise agreements every ten years. SUSIE WOJCHOUSKI MOVED TO APPROVE THE FRANCHISE AND FRANCHISE FEE ORDINANCE WITH XCEL ENERGY. Tom Perrault asked that the ordinances be adopted as separate motions. SUSIE WOJCHOUSKI WITHDREW HER MOTION. SUSIE WOJCHOUSKI THEN MOVED TO APPROVE THE FRANCHISE FEE AGREEMENT WITH XCEL ENERGY. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION AS HE FELT STREET LIGHTING SHOULD GO ON THE REGULAR TAXES. SUSIE WOJCHOUSKI MOVED TO APPROVE THE FRANCHISE ORDINANCE WITH XCEL ENERGY. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. John Wertish from Xcel Energy thanked Joel Jamnik and John Simola for their work on coming up with the franchise ordinances and thanked the Council for adopting the same. 11. Consideration of needs study for Public Works Department and authorization to request proposals. At a special meeting held prior to the regular Council meeting, the Council looked at and discussed the existing Public Works site and facility. Brian Stumpf said his understanding from their discussion at the special meeting was to approve the needs study with the study to focus on looking for another site that would meet the long term needs of the Public Works Department. Brian Stumpf added that there had been some discussion concerning the fire hall. Fire Chief Steve Joerg was present and indicated the willingness of the Fire Department to work with the City on a fire hall site. John Simola said the scope of the study would be the full relocation of Public Works to another site that had the potential for 40 years of growth. This will be a long term project. Susie Wojchouski asked if the RFP was going out to just one firm or to a number of firms. 10 Council Minutes: 3/12/07 John Simola stated they would modifY the RFP for just the one option, relocation to a different site. He would then throw out the high and low estimates received from the seven firms that originally responded and send the revised RFP to the remaining five firms. Wayne Mayer asked why they didn't consider sending it to more firms. John Simola responded that initially they had looked for firms that had experience in the design of public works facilities. BRIAN STUMPF MOVED TO SEND AN AMENDED RFP TO THOSE ARCHITECTURAL FIRMS WHICH SHOWED INTEREST WHEN THE LAST RFP WAS SENT. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Consideration of cIosinl!: MCC wheel park operations effective 2007: consideration of authorizinl!: sale of wheel park equipment and authorization to develop alternate uses for the site. MCC Director, Kitty Ballos, discussed the closing of the wheel park with the Council noting that usage of the facility has been decreasing in spite of efforts to promote it. The MCC Advisory Board has discussed other possible uses for the site and will continue to do so including conducting public meetings to get input from the residents and facility users. Some possible uses discussed were sand volleyball or batting cages. Clint Herbst said like any business if something is not working you change it. Because this is a Tier II facility, the liability insurance is high. Kitty Ballos stated she had talked to Tru-Ride, the supplier of the City's equipment, to see if the existing equipment could be cut down to meet Tier I requirements. Tru-Ride stated it would not be possible. Wayne Mayer said he still sees a lot of skateboarders on the street and questioned why they weren't coming to the skate park. In talking with some of the users, their comments were they wanted the facility to be bigger, to be free and to have less rules and restrictions. Wayne Mayer said it was a shame that a $100,000 investment by the City was not being utilized. He asked what the equipment would sell for. Tru-Ride thought $10,000 would be the minimum the City would receive. The purchaser of the equipment would have to disassemble it and then reconstruct it. It was noted that there are Tier II parks in Buffalo and Maple Grove and a number of Tier I parks in nearby communities. SUSIE WOJCHOUSKI MOVED TO CLOSE THE MCC WHEEL PARKS EFFECTIVE 2007 AND TO AUTHORIZE THE SALE OF EQUIPMENT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Items: Union Negotiations: Members ofthe Personnel Committee will check their schedules and establish a date for a meeting to discuss the upcoming union negotiations. Compost Facility: John Simola reported that the changes they had made for the compost facility seemed to work fairly well. The compactor at Public Works was used often and the City hauled ten tons of compacted leaves and grass to the Wright County Compost facility at a cost of $75/load. The compactor was an older model and it is hoped that with the garbage contract being extended the contractor will bring in a newer model. John Simola noted that by restricting contractors from using the facility it greatly reduced the amount of material for composting. He will submit a full cost report 11 Council Minutes: 3/12/07 to the Council. Second Liquor Store Site: Jeff O'Neill updated the Council on the prices for various sites and reported that at the next meeting he will present a potential offer for the Hoglund site for Council consideration. Tom Perrault complimented the Public Works Department on the great job they did with snow removal after the last two snowstorms. 13. Adiourn. BRIAN STUMPF MOVED TO ADJOURN AT 10:45 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. )e )/'-.)"\ "c. ... (~l-- --' .....v'J'~'r" '-.-. __ _,A...-........"'J.'" '::.. '.--.... <1/ --.., Recording Secretary 12