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City Council Minutes 10-22-2007 Council Minutes: 10/22/07 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday October 22, 2007 - 7 p.m. Members Present: Wayne Mayer, Tom Perrault, Brian Stwnpf and Susie W ojchouski. Members Absent: Clint Herbst 1. Call to Order and Plede:e of Allelrlance Acting Mayor Stwnpf called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of October 8. 2007 Ree:ular Council Meetine:. SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE OCTOBER 8, 2007 REGULAR COUNCIL MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 28. Approve minutes of October 8, 2007 Special Council Meetine:. Tom Perrault noted that meeting adjourned at 6:55 p.m. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE OCTOBER 8, 2007 SPECIAL COUNCIL MEETING WITH THE CORRECTION NOTED. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2C. Approve minutes of October 4.2007 Special Council Meetine: - Public Works Facilitv SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE OCTOBER 4, 2007 SPECIAL COUNCIL MEETING RELATING TO THE PUBLIC WORKS FACILITY. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of addine: items to the ae:enda. Wayne Mayer indicated that review ofthe consultants would be considered at the next Council meeting. Approval of a business name for the City's fiber optics entity was added to the consent agenda as item #5K. 4. Citizen comments. petitions. requests and concerns. No one spoke under citizens comments. 5. Consent Ae:enda: A. Consideration of ratifying hires and departures MCC and Liquor Store. Recommendation: Ratify the hires/departures for MCC and Liquor Store. I Council Minutes: 10/22/07 B. Consideration of monthly renewal of pawn shop license for Walt's Pawn Shop. Recommendation: Authorize the City Attorney to initiate license revocation process on Walt's Pawn Shop. C. Consideration of appointment of Tom Kelly as Monticello Deputy Registrar 002 subject to approval by the State of Minnesota. Recommendation: Appoint Tom Kelly as Deputy Registrar 002 subject to approval by the state. D. Consideration of approving renewal of currency exchange license - Wal-Mart. Recommendation: Approve renewal of the currency exchange license for the Wal-Mart store located at 9320 Cedar Street. E. Consideration of ratification of union contract. Recommendation: Approve the union contract as revised for the two year period from April 2007 to April 2009. F. Consideration of approving donation from Land of Lakes Choirboys for MCC and Fire Department. Recommendation: Adopt Resolution No. 2007-80 approving the contribution and authorizing the use of funds as specified by the donor. G. REMOVED FROM THE AGENDA. H. Consideration of approving a request for a preliminary plat and a conditional use permit for development stage PUD approval for a multi-tenant office complex. Applicant: Quad Development. Recommendation: Approve the development stage planned unit development and preliminary plat approval for Quad Development based on a finding that the proposed use is consistent with the performance standards of the B-4 District and in character with the surrounding area subject to the following conditions: 1) All wall mounted lighting shall contain a full cutoff fixture; 2) All trash enclosures shall be of similar materials and color to those of the principal structures; and 3) The applicant shall comply with all recommendations of the City Engineer as outlined in the memo from Bruce Westby dated September 25,2007. I. Consideration of approving selection of an audit firm to provide audit services to the City for years 2007, 2008 and 2009. Recommendation: Approve the contract with MMKR for audit services for the years 2007, 2008 and 2009. J. Consideration of approval of Co-location Agreement. Recommendation: Approve the agreement with AGL Consulting to provide a fiber optic connection to the 511 Building in Minneapolis with the City providing a location for fiber optic equipment and award the contract for the interconnection as quoted in Route #2 with 36-count fiber optic cable to Michels Communication at a cost not to exceed $35,000. K. Consideration of approval of a business name for the City fiber optics entity. Recommendation: Approve "FiberNet Monticello" as the name of the business entity for the Monticello fiber optics system. While #5F was not removed from the consent agenda, Wayne Mayer did want to take the opportunity to thank the Land Of Lakes Choirboys for their continued and generous support of the Fire Department and Community Center. 2 Council Minutes: 10/22/07 WAYNE MAYER MOVED TO APPROVE THE CONSENT AGENDA OF ITEMS #5A, #5B, #5C, #5E, #5F, #51 AND #5J. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent al!:enda for discussion. #5D Approval of renewal of currency exchange license - Wal-Mart. Tom Perrault requested that this item be removed from the consent agenda so he could abstain from voting. SUSIE WOJCHOUSKI MOVED TO APPROVE THE RENEWAL OF THE CURRENCY EXCHANGE LICENSE FOR WAL-MART AT 9320 CEDAR STREET. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT ABSTAINING. #5H Approve preliminary plat and conditional use permit for development stage planned unit development for a multi-tenant office complex - Quad Development: Tom Perrault asked for a summary of what had taken place at the special Planning Commission meeting held prior to the Council meeting. Steve Grittman stated that the Planning Commission had recommended approval as presented. This approval included a free standing sign slightly larger than what the ordinance allows but the applicant did not have any pylon signs and less wall signage. Susie Wojchouski noted in the agenda item the location of the site was incorrectly identified as east of the Autumn Ridge development. Tom Perrault asked how it was determined how many handicapped parking stalls each of the five buildings would receive. Steve Grittman responded that the number of handicapped stalls needed is based on the total parking spaces and the developer could select the placement of them. SUSIE WOJCHOUSKI MOVED TO APPROVE THE REQUEST FOR A CONDITIONAL USE PERMIT FOR A DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT FOR FIVE MULTI-TENANT OFFICE BUILDINGS FOR QUAD DEVELOPMENT BASED ON A FINDING THAT THE PROPOSED USE IS CONSISTENT WITH THE PERFORMANCE STANDARDS OF THE B-4 DISTRICT AND IN CHARACTER WITH THE SURROUNDING AREA, SUBJECT TO THE FOLLOWING CONDITIONS: 1) ALL WALL MOUNTED LIGHTING SHALL CONTAIN A FULL CUTOFF FIXTURE; 2) ALL TRASH ENCLOSURES SHALL BE OF SIMILAR MATERIALS AND COLOR TO THOSE OF THE PRINCIPAL STRUCTURES AND 3) THE APPLICANT SHALL COMPLY WITH ALL RECOMMENDATIONS OF THE CITY ENGINEER AS OUTLINED IN THE MEMO FROM BRUCE WESTBY DATED SEPTEMBER 25,2007. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5K Business name for the City fiber optics entity: The Fiber Optic Committee was requesting approval of a business name for the fiber optic system. Wayne Mayer said this step is necessary for getting the bonding package in place and doing marketing for the fiber optic system. Wayne Mayer went on to explain the rationale the Fiber Optics Committee used in selecting the name. WAYNE MAYER MOVED TO APPROVE "FIBERNET MONTICELLO" AS THE NAME OF THE BUSINESS ENTITY FOR THE MONTICELLO FIBER OPTICS SYSTEM. SUSIE 3 Council Minutes: 10/22/07 WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Public Hearine and consideration of adoptine assessment Core Street Reconstruction Proeram.. City Proiect No.2007-01C. Consulting Engineer, Bret Weis gave a presentation on the assessment for the 2007-01C Core Street Project. This project covered the remaining part of Area #3 in the overall street reconstruction program. The improvements to this area included storm sewer, street reconstruction and widening of River Street, Hillcrest Drive and Hillcrest Road. Sidewalk was constructed on the south side of River Street from approximately Craig Lane to the Montissippi Park entrance. In addition the project included construction of a parking lot at Hillcrest Park. Bret Weiss then reviewed project costs and assessments. The total project cost was $1,599,578 with assessments to the property owners accounting for $356, I 04. The balance of the cost was covered by street funds, state aid funds, trunk utility funds and park funds. Bret Weiss added that the costs were less than the estimate contained in the feasibility report. The cost for street reconstruction was $3,300 for a residential unit and sidewalk was $228.65 per unit. The sidewalk assessment is in keeping with the City's policy of assessing 25% of the cost with the City to pick up the remaining 75%. Kenneth Lane which received a mill and overlay and not a full street reconstruction was assessed 50% of the cost or $1 ,484.25/per unit. In previous action, the Council had set the policy that properties with multiple driveways would not be assessed a full unit for each driveway. Instead any combination of driveways in excess of 24 feet would be assessed for the extra cost of restoring anything over 24 feet. Bret Weiss pointed out that because the properties at 126 Hillcrest Road and 140 I Hilltop Drive could be subdivided they were assessed two street units with the second unit of street assessment being deferred until such time as the property was divided. Additional driveway work requested by property owners was also assessed back against the properties that had requested the work. The proposed assessment for the Rod and Gun Club was reviewed. Initially it was proposed to assess the property as non-residential property. The Council determined this property could be handled in a manner similar to the Ritze property, which likewise had a non-residential use. The Ritze property was assessed based on the number of residential units that could be created from the site with an agreement that ifthe property developed at a greater density than assessed, additional assessments would be collected. The question that the Council would need to address is whether the assessment for the Rod and Gun Club should be based on three units or five units. Brian Stumpf asked about the "No Parking" signs for Hillcrest Road. It was his recollection that the "No Parking" signs would be on the east side of Hillcrest Road. Public Works Director, John Simola stated the policy they followed was that on north-south streets there is no parking on the east side and on east-west streets there is no parking on the south side. Brian Stumpffelt for Hillcrest Road all the signage should be on one side ofthe street. Wayne Mayer agreed that the signing should be uniform. John Simola pointed out that with current standards if the street width is 28 feet then parking is restricted to one side of the street. Tom Perrault questioned the sidewalk assessment and asked if it was consistent with what was done in previous reconstruction projects. Bret Weis indicated it was and that the 25% of the cost of the sidewalk was assessed to properties even if they didn't abut the sidewalk. 4 Council Minutes: 10/22/07 Acting Mayor Stumpf opened the public hearing. Tom Bose who was the construction observer on the project for the City spoke representing the Rod and Gun Club. He briefly reviewed the proposed assessment and argued that based on the frontage of the property on River Street and with a residential lot frontage of 80 feet, the Rod and Gun Club should be assessed for three lots and not five lots. The side of the property that abuts the entrance to Montissippi Park should not be included in the lot calculations for this project. At the point where the park entrance becomes a city street and is improved the Rod and Gun Club would be facing an assessment based on the footage they have on that street. If the property does develop at a density greater than the units assessed, the excess density would be assessed at the rate that is in effect at the time the property develops. A property owner on Kenneth Lane asked if the assessment on Kenneth Lane was just mill and overlay or did it include sidewalk. Bret Weiss indicated the assessment included sidewalk. Acting Mayor Stumpf closed the public hearing. Brian Stumpf commented that the informational meetings went a long way in helping the property owners understand the assessment process. Bret Weiss complimented Tom Bose on his inspection work on this project. In further discussion the Council determined the Rod and Gun Club should be assessed for three lots with the remaining lots to be assessed at the rate in effect at the time the property develops. WAYNE MAYER MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE CORE STREET RECONSTRUCTION PROGRAM, PROJECT NO. 2007-01C WITH THE ROD AND GUN CLUB PROPERTY RECEIVING AN ASSESSMENT FOR THREE LOTS AND WITH AN AGREEMENT THAT IF THE PROPERTY DEVELOPS AT A DENSITY GREATER THAN THREE UNITS, THE ADDITIONAL LOTS WOULD BE ASSESSED AT THE RATE THAT IS IN EFFECT AT THE TIME OF DEVELOPMENT. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. The parking in this area will come back to the Council for consideration after there is additional staff review. Wayne Mayer asked if the Fire Department had any preference in how the parking is restricted. Brian Stumpf responded they did not care as long as they had access to the fire hydrants. 8. Public Hearinl!: and consideration of adoptinl!: assessment for Chelsea Road Improvements. City Proiect No. 2006-31C. Bret Weiss provided background information on the scope of the project and the proposed assessment. He noted that the project is still under construction but that the Council in the past has taken the position that projects should be assessed, if possible, in the year they are constructed. He noted that this project was required as part of the interchange improvement. The project reconstructed Chelsea Road to a 44' urban section design and re-aligned the intersection of Chelsea Road and Fallon Avenue. The project also included storm sewer construction, turn lanes for the proposed Mills Fleet Farm development and street lighting. The cost of the turn lanes is being charged against the Mills Fleet Farm property. 5 The estimated construction cost of the project is $2,612,343. Assessments will pick up approximately $1,420,423 of the cost with the trunk funds and general fund covering the balance. The rate for the roadway assessment is $70.70/per front foot and the storm sewer rate was Council Minutes: 10/22/07 $9,280.33 per acre. The pathway and street lighting costs were covered in the development agreement with Monticello Industrial Park. Bret Weiss noted the rain had slowed down the progress of the project but he felt with weather permitting the work would be done yet this fall. However it is proposed that the pathway will not be done until next year. Acting Mayor Stumpf opened the public hearing. Don Tomann ofUMC, 500 Chelsea Road asked if the Council had received the letter from Mike Pudill ofWSI Industries. The Council acknowledged receipt of Mr. Pudill's letter. Don Tomann stated there is no benefit from this project for the owners who are there currently. WSI and UMC were built in 2002 and improvements of approximately $50,000 were made then to handle storm water runoff. They were directed by the City to drain to the south side. He didn't see the road improvements as being required for their property. Don Tomann was making an oral objection that corresponds to Mike Pudill written objection. Don Tomann was requesting their properties be taken off the assessment roll or table the assessment and meet with the property owners on this. He also asked that the City look at the slope of the entrances to his property. He is concerned about the amount traffic on the road and the increase in traffic when Mills Fleet Farm develops. Bret Weiss addressed the storm sewer issue stating the City looked at the water that runs to the street. If properties do not drain to the street they would be taken off the assessment roll for storm sewer cost. Bret Weiss noted that 80% of the property is being developed so there would be an increase in traffic regardless of what went into the area. Bret Weiss said it was always intended that the road would be upgraded to some level. Don Tomann said he didn't want the point he and Mike are trying to make to get lost. The focus for that significant amount of improvement was for Mills Fleet Farm coming. Don Tomann understood that all the property along Chelsea Road would be draining to the east to the storm water pond. Mills Fleet Farm and the unimproved property received the benefit from the project. Bret Weiss said all the property could not drain to the north because the elevation of the land would not have allowed that. Bret Weiss said Mills Fleet Farm will be discharging into the pond on the west side of their property. Brian Stumpf questioned whether the City would have done just an overlay or a reconstruction project. Bret Weiss said it was always intended to construct this road as a full urban section. Bret Weiss will take a look at the driveway entrances at UMC. Bill Tapper, 212 Chelsea Road stated that according to state statute for a property owner to be assessed for an improvement they have to receive benefit from the project. He did not feel he received any benefit from this project. He said if the street needed to be replaced it should have been done going from to the west of his property. He objected to the assessment based on the fact that he had not had substantial gain from this project. Bret Weiss said as far as not going to the west at this time it was a cost factor. However, at some time in the future the road will be improved to a level over what it is now. Bill Tapper indicated that the road was capable of carrying the amount of traffic that currently uses it. Bret Weiss noted the property owners can challenge the assessments in court if they so desire. Acting Mayor Stumpf then closed the public hearing. City Attorney, Joel Jamnik noted that written objections to the assessment have to be presented either prior to the hearing or at the hearing. Bret Weiss discussed the objections raised tonight and Don Tomann's request that these 6 Council Minutes: 10/22/07 properties be removed from the assessment roll. Bret Weis said other than the storm water calculations being calculated incorrectly any proposed change in the street cost should be made for all the properties. Unless the Council has something to take back to the property owners to discuss, he questioned the benefit of additional meetings with the property owners. Brian Stumpf stated he was not in favor of additional meetings with the property owners. Susie Wojchouski asked Joel Jamnik about the process for appealing assessments. Joel Jamnik indicated written objections must be submitted to the City tonight and filed in District Court within 30 days of the adoption of the assessment. The court tries to determine the amount of special benefit to the property. The appeal process has been established by state statutes with benefit being determined by valuation. Bret Weiss felt the Council has been doing well in the handling of these assessments. Brian Stumpf concurred stating the Council did what they could to keep the cost down. WAYNE MAYER MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE CHELSEA ROAD IMPROVEMENTS, CITY PROJECT NO. 2006-3IC. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Tom Perrault asked what happens if the City doesn't adopt this assessment roll. Finance Director, Tom Kelly said it depends the timing. If the Council approved the assessment at the next meeting, the assessment could still be sent to the County by the November 30th deadline but it would encroach into the 30 day period to pay without interest. If the assessment is delayed beyond this date it would not go on until the 2009 taxes and there would be another year of capitalized interest to be calculated. 9. Public Hearinl!: and consideration of adoptinl!: assessment Cedar StreetlDundas Road Improvements. City Proiect No. 2006-02C. Bret Weiss provided background information stating that this project was initiated because of the Wamert Development south of Chelsea Road and west of Cedar Street. Under this project Dundas Road was improved from a gravel road to a 44 urban section but did not include sidewalk or street lighting. Cedar Street was improved to 44' urban section including right turn lanes, sidewalk and street lighting. The project also included a forcemain along Chelsea Road for the future extension of the system from the Otter Creek lift station to the trunk sewer at Chelsea Road and Fallon Avenue. Total project cost is $1,214, 918 with assessments covering $775,200 of the cost. Trunk fund and state aid funds make up the balance. New improvements such as sidewalk or street lighting were assessed at 100%. The improvement to Dundas Road since it was new construction and not reconstruction was assessed at 100%. It was noted there is green acres property in the project area. The assessment on green acres property is deferred with interest. Bret Weiss stated the City had received two written objections to the assessment one from Joel Erickson and one from John Lundsten. Acting Mayor Brian Stumpf opened the public hearing. John Lundsten, 1804 Hillside Lane, Buffalo stated his property abuts Dundas Road on both sides. The basis of his objection is the same as when the project was initiated. The road does not benefit his property and never did. He realizes the City had the need to improve the road because of traffic demands. His property has been farmed for over 35 years and is still being farmed. He did not request any improvement of Dundas Road. He said the traffic pattern will benefit but there is no benefit to his property. He 7 . Council Minutes: 10/22107 realizes if the assessment is approved he will have to take his appeal to district court. He noted the property is classified as green acres and would be deferred but the interest rate of 5% would be $12,500 on a $250,000 assessment. Brian Stumpf asked for a brief explanation of the green acres statute. Bret Weiss said for property to meet the green acres requirement it has to be farmed and meet certain other criteria. The benefit comes when the property is ready to develop. Bret Weiss agreed with Mr. Lundsten that the project did benefit the City's transportation system. Wayne Mayer asked if the interest rate is negotiable at all. Bret Weiss said the interest rate has generally been set at I \1;,% above the bond rate. Since the City had not issued a bond the interest rate was based on the current bond rate. John Lundsten said in response to Bret Weiss comments that the road makes the property developable. He argues the property is developable because of its location. The assessment of the road does not enhance its appeal to developers. Joel Erickson, 1260 Cedar Street stated his understanding was that the storm sewer was just for draining the roadway. Bret Weiss agreed the majority of the storm sewer is just for the street. Joel Erickson was not objecting to the street assessment but the storm sewer assessment. In the past there was no way they could drain to Cedar Street because of the elevation of the street was too high. Because he had to make improvements years ago he questioned being assessed for it now. Joel Erickson asked about the Warnert Development and whether it has been reworked so it drains to Cedar Street. Bret Weiss said the Warnert development would have an internal drainage system. Joel Erickson said he was not aware the assessment was just for the roadway and that it was not for property drainage. Bob Lamont who owns the property east of Cedar Street wanted to know if there an option on the payment schedule. Could it run for 15 or 20 years instead of 10 years? Bret Weiss said extending the interest costs further nullifies some ofthe cost saving. Brian Stumpf asked if there were any legal ramifications for changing the assessment terms and felt this should be researched further. Brian Stumpf asked if the City has an option of deferring interest. Joel Jamnik will check into this. Susie Wojchouski asked about the assessment to City property. Tom Kelly said it can be done either way. The City can be assessed and pay the assessment like other property owners or the city owned property is not directly assessed but the City contributes the amount of the assessment towards the project. By assessing it against the property, if it is sold the assessment can be covered in the sale price or the buyer can pick up the balance of the assessment. Acting Mayor Stumpf closed the public hearing. Brian Stumpf felt the green acres property should be looked at. Wayne Mayer agreed this should be studied further. Joel Jamnik said the City could adopt the assessment as proposed and if there are some adjustments they could be brought back to the Council. Joel Jamnik said the difficulty would be getting it done for the next council meeting. Wayne Mayer asked if the Council should look at some type of policy outlining under what conditions the Council can extend the assessment term. Bret Weiss suggesting looking at using equal payment instead of equal principal. The pros and cons of a short or long assessment term were discussed. Tom Kelly emphasized the need to be consistent. WAYNE MAYER MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE CEDAR STREET/DUNDAS ROAD IMPROVEMENTS, CITY PROJECT NO. 2006-02 WITH THE 8 Council Minutes: 10/22/07 CITY TO WORK WITH THE OWNER OF THE GREEN ACRES PARCEL ON THE INTEREST RATE AND TO EXTEND THE LENGTH OF THE ASSESSMENT FROM 10 YEARS TO 15 YEARS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Public Rearm!! and consideration of adoDtml! assessment for delinquent utilities 2nd Quarter 2007. The Council then considered the assessment roll for delinquent 2nd quarter utilities. Acting Mayor Brian Stumpf opened the public hearing. There was no one present who spoke for or against the proposed assessment. Acting Mayor Stumpf then closed the public hearing. SUSIE WOJCHOUSKI MOVED TO ADOPT THE ASSESSMENT ROLL FOR DELINQUENT UTILITIES FOR 2ND QUARTER 2007. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Public Rearinl! and consideration of vacatinl! a Dortion of Cedar Street and Oakwood Drive (Countv Road 117). City Engineer Bruce Westby provided background information including a drawing showing where the westerly edge of the Lamont property abuts Cedar Street and where along the east it abuts Edmonson A venue. He is recommending that the City retains a drainage and utility easement across both of the right of ways being vacated. It was noted that if the right-of-way on Cedar Street was vacated the City would still have 40' of right-of-way. Brian Stumpf asked about the reconstructed Cedar Street and if the 40' is in the right of way of the reconstructed Cedar Street. Bruce Westby said the right of way along Cedar Street varies. John Simola said the strip to be vacated is 6' in width and tapers down to nothing. Vacating this strip makes for a more uniform street width. Brian Stumpf asked if any of this right of way falls into the reconstructed city street right of way. The cost of the right of way that is proposed to be vacated was discussed. Bruce Westby said on this development the Council should take into consideration that a portion of the applicants' property encroaches into the city street and the property owner would be vacating a portion of this (approximately 1,041 square feet). In addition Chelsea road is currently a roadway easement. The land was not platted at the time the road went in and the City obtained an easement for the roadway so the City doesn't own the land the street is on. The property owner is willing to deed the land covered by the easement (approximately 2 acres) back to the city. Acting Mayor Stumpf opened the public hearing. Nick Nowacki from Meyer Rohlin, engineer for Bob Lamont stated they are looking to clean up the boundary lines a little better before platting it. Since there is a land exchange proposed there would be no value established for the vacated right of way. Acting Mayor Stumpf closed the public hearing. WAYNE MAYER MOVE TO ADOPT THE RESOLUTION VACATING PORTIONS OF PORTIONS OF CEDAR STREET AND EDMONSON A VENUE WITH NO FEE TO BE CHARGED FOR THE VACATED RIGHT OF WAY BECAUSE OF THE LAND EXCHANGE AND THE CITY IS TO RETAIN DRAINAGE AND UTILITY EASEMENTS OVER BOTH PORTIONS OF THE VACATED RIGHT-OF-WAY. SUSIE WOJCHOUSKI SECONDED THE MOTION. 9 Council Minutes: 10/22/07 Legal counsel, Joel Jamnik suggested including in the resolution the statement that the vacation is contingent upon the platting of the Lamont property. WAYNE MAYER AMENDED HIS MOTION TO INCLUDE THE CONTINGENCY AND SUSIE WOJCHOUSKI SECONDED THE AMENDED MOTION. MOTION CARRIED UNANIMOUSLY. 12. Public Hearin!!. - 1. Consideration to adopt a resolution relatin!!. to the City of MonticeUo Economic Development Authority: transferrin!!. certain proiects and pro!!.rams to that a!!.encv: approvin!!. certain or!!.anizational matters: 2. Consideration to adopt an amended and restated resolution enablin!!. the creation of the City of MonticeUo Economic Development Authority: supersedin!!. Ordinance No. 172. Economic Development Director, Ollie Koropchak provided information on the public hearing and the two resolutions needed to be adopted by the City Council to effect the transfer of authority from the HRA and the establishment ofthe new EDA. By the adoption of the first resolution the Council transfers the control and operation of all programs from the HRA to the EDA. The resolution also outlines that an annual budget and report must be submitted each year. The second resolution, the enabling resolution, amends and restates the ordinance that was approved in 1989. This resolution specifies the officers, meetings, powers and duties of the authority. Ollie Koropchak reviewed the resolution noting the following areas: Section 2.02 - Deals with number of commission members. At the present time it is proposed to have a 7 member board; Section 2.03 states that two ofthe seven members will be Council members; Section 2.04 states the terms for members will be initially set at 1, 2, 3, 4,5 years with two members serving six year terms Ollie Koropchak stated that the enabling resolution did not address the issue of residency. If the Council is not certain how they want to handle the residency issue for members, it was recommended that it be covered in the by-laws rather than in the enabling resolution since it would be easier to change the by-laws. Acting Mayor Stumpf opened the public hearing. There was no one present who spoke for or against the proposal. Brian Stumpf brought it back to the Council. The Council agreed that there was no change to the first resolution (allocation resolution) transferring funds and projects from the HRA to the EDA. On the second resolution (enabling) Brian Stumpf stated he felt comfortable with a seven member commission. With a seven member commission, it was determined that two of the members would be from the Council and the five remaining members would be non-council representatives with at least three of the five members to be city residents and not more than two of the five non-council members being non-residents who operated a business and owned land within the city. There was some discussion on the wording of the language and it was clarified with the wording proposed the EDA all five non-council members could be city residents but at any given point no more than two could be non-residents. Joel Jamnik noted that this discussion has more impact on agenda item #13. Since the City may be advertising for applicants they will need to determine how many need to be residents or non-residents. Tom Perrault asked if "shall" and "must" mean the same. Joel Jamnik said legally it means the same it is merely choice of writing styles. Tom Perrault asked if the new EDA determines the by-laws or does the City Council. He also questioned the officers in Section 3.01 He was of the understanding that the treasurer did not have to be a member. Ollie Koropchak stated that is the 10 Council Minutes: 10/22/07 way it is operated now but if the resolution is adopted the assistant treasurer position could be held by someone from the Finance Department and not a commission member. Joel Jamnik said the wording in the resolution provides a better system of checks and balances and a better fiscal management perspective. He felt the language in the resolution was the best way to go Tom Perrault questioned if something comes in that is inconsistent with the comprehensive plan would the city council have to initiate a comprehensive plan change. Joel Jamnik said the City Council action should not have to come first. Acting Mayor Brian Stumpf closed the public hearing. BRIAN STUMPF MOVED TO ADOPT A RESOLUTION AS PREPARED RELATING TO THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY; TRANSFERRING CERTAIN PROJECTS AND PROGRAMS TO THAT AGENCY AND APPROVING CERTAIN ORGANIZATIONAL MATTERS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. TOM PERRAULT MOVED TO ADOPT AN AMENDED AND RESTATED RESOLUTION ENABLING THE CREATION OF THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY SUPERSEDING ORDINANCE NO. 172 AS PREPARED CONSISTING OF SEVEN MEMBERS TWO OF WHICH ARE COUNCIL MEMBERS AND WITH AT LEAST THREE OF THE NON-COUNCIL MEMBERS BEING RESIDENTS OF THE CITY OF MONTICELLO AND NOT GREATER THAN TWO NON-COUNCIL MEMBERS BEING NON-RESIDENTS OF THE CITY OF MONTICELLO BUT THE NON- RESIDENT MEMBERS SHALL OPERATE A BUSINESS AND OWN PROPERTY IN THE CITY OF MONTICELLO. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Consideration of authorizin2 advertisin2 for members for newlv formed EDA. Ollie Koropchak addressed the options for the Council to consider in advertising for members for the new commission. She suggested that the Council authorize staff to send a letter to current HRA and EDA members to determine ifthey have an interest in serving on the newly formed board. After determining existing interest, an advertisement will be placed in the paper. The Councilor a committed as directed by the Council will interview the applicants and make a recommendation to the Council. Two Council members will also be appointed to the board. SUSIE WOJCHOUSKI MOVED TO DIRECT STAFF TO PREPARE A LETTER OF INTEREST FOR CONSIDERATION FOR APPOINTMENT TO THE EDA TO CURRENT HRNEDA COMMISISONERS AND THEREAFTER AUTHORIZE ADVERTISING FOR VACANT NON-CITY COUNCIL MEMBER POSITIONS ON THE EDA. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 14. Consideration of award of bids for Fallon Avenue Pathwav Improvements. City Proiect No.2007-12C. Bruce Westby presented the information on the bid results for the Fallon A venue Pathway Improvement Project. The base bid was for an 8-foot pathway on the west side of Fallon Avenue between Farmstead Avenue and School Boulevard. An alternate bid was included that covered an 11 Council Minutes: 10/22/07 8-foot pathway from the parking lot in Pioneer Park to the existing stubbed path east from Farmstead Avenue. The low bid from Rum River Contracting was 70% ofthe engineer's estimate. If approved the pathway would be constructed by the end of November but the contract would remain open until the spring. Brian Stumpf asked where the money was coming from for this project. While nothing has been budgeted for this project, it was thought the work could be funded either through general fund or park funds or a combination of both. Wayne Mayer asked ifthis pathway would be on the snow removal schedule because of its proximity to the school John Simola said it would have to be on the early morning schedule which means it would have to be done by 7:15 am. John Simola noted that the addition of the pathway would not require any immediate equipment needs but may in the future. Brian Stumpf asked if pedestrian improvements were being considered for School Boulevard and Fallon Avenue. Bruce Westby stated that this winter staff will be looking at the whole corridor of School BoulevardlFallon A venue. Their recommendations will be brought back next spring. The current pathway project is not being considered for any grant applications since the timing of the grant applications and the need to get the project in this year didn't mesh. Tom Perrault asked if all the recent moisture will delay the project. Bruce Westby felt if it remained dry for a couple of weeks the project would be able to be completed. Tom Perrault also asked about the seeding and who is liable ifit doesn't take. Bruce Westby said it would depend on why the seeding didn't take. Susie Wojchouski felt the segment of pathway going through parking lot was expense proposition considering all the needs of the city. Bruce Westby noted in it was on the pathway plan and was intended to be built. WAYNE MAYER MOVED TO AWARD THE BID FOR THE FALLON A VNEUE PATHWAY IMPROVEMENTS, CITY PROJECT NO. 2007-12C TO RUM RIVER CONTRACTING IN THE AMOUNT OF $67,490.25 FOR THE BASE BID ONLY. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. 15. Consideration of acceptance of counteroffer for purchase of 20 acre farm site south of Featherstone. Public Works Director, John Simola stated that the City had made an offer on property for the site of the Public Works facility and the property owner submitted a counteroffer that was $15,000 higher than the City's original offer. Staff was recommending approval ofthe counteroffer. SUSIE WOJCHOUSKl MOVED TO ACCEPT THE COUNTEROFFER THAT WAS $15,000 HIGHER THAN THE ORIGINAL OFFER OF THE CITY. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION AS HE FELT THE PROPOSED SITE WAS TOO FAR OUT. 16. Consideration of options for open air shelter at West Bridl!:e Park. Park Superintendent Tom Pawelk reviewed with the Council various proposals for construction of an open air shelter at West Bridge Park. The options included both wood and steel shelters with the prices ranging from $10,375 to $15,444. Tom Pawelk indicated he had called local contractors 12 Council Minutes: 10/22/07 but no one responded with a proposal. Wayne Mayer felt this money would be better spent on other projects such as the pathway but he did compliment Tom Pawelk on his research for options. Brian Stumpf also questioned the value received for the money spent. The general consensus of the Council was that the shelter was too expensive and was not needed in West Bridge Park. Wayne Mayer challenged the Parks Department to come back with a cheaper alternative. He noted there are parks that need shelters and if they could get the cost down the City could provide shelters for more of the parks. WAYNE MAYER MOVED TO TABLE ACTION ON THIS ITEM, DIRECT PARKS STAFF TO RESEARCH OTHER OPTIONS AND BRING THIS ITEM BACK TO THE COUNCIL FOR POSSIBLE CONSTRUCTION IN 2008. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 17. Review of research on landscape buffer/screeninl!: options River Citv Lanes City Engineer, Bruce Westby, noted that this was an update and required no Council action at this meeting. After reviewing the site, it is his belief that the best remedy for screening headlights coming from the bowling alley parking lot would the construction of a privacy fence between the parking stalls on the bowling alley site and rear yards of the abutting property. Added Items: It was noted a Wright County Mayor's event was scheduled on Wednesday, November 14, 2007 at the Rockford Town Hall. 18. Consideration of approvinl!: payment of bills for October. 2007. TOM PERRAULT MOVED TO APPROVE PAYMENT OF BILLS. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 19. Adiourn. TOM PERRAULT MOVED TO ADJOURN AT 10:40 P.M. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. OLt-U~ ~S~J Recording Secretary <.; 13