City Council Minutes 06-08-2009Council Minutes: June 8, 2009
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MINUTES
REGULAR MEETING – MONTICELLO CITY COUNCIL
June 8, 2009 – 7 p.m.
Members Present: Clint Herbst, Tom Perrault, Glen Posusta, Brian Stumpf and Susie
Wojchouski.
Members Absent: None
1. Call to Order and Pledge of Allegiance.
Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The
Pledge of Allegiance was said.
2A. Approve minutes of May 26, 2009 Special Meeting
SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE MAY 26, 2009
SPECIAL MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
2B Approve minutes of May 26, 2009 Regular Meeting
Tom Perrault had two corrections: 1) Page 4 – On the matter relating to Marvin Road, he
clarified that the piles of dirt were shoved into two areas going towards the ponds and not
piled and; 2) On the River Street closure item he noted that the February 29, 2009 date was
incorrect.
TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE MAY 26, 2009
REGULAR MEETING WITH THE CORRECTIONS NOTED. GLEN POSUSTA
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
3. Consideration of adding items to the agenda.
The following items were added to the agenda: 1) Tree trimming at Elm Street and Country
Road 39; 2) School Boulevard speed limits and signage; 3) Disc golf at Par West Park; and
4) Blights
4. Citizen comments, petitions, requests and concerns.
a. Public Service Announcements, if any: No Public Service Announcements.
Steve Conroy, a business owner at 261 East Broadway came before the Council regarding a
sewer backup at his place of business. The blockage occurred where the service line joins the
main line. In this case the main line was on the other side of the street from his business. The
line was snaked and the blockage removed. Matt Theisen, the Sewer/Water Superintendent
informed Mr. Conroy of the City’s ordinance which states that the property owner is
responsible for the sewer line up to the main. He is asking Council to take a look at this
provision to determine if it is still warranted.
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Glen Posusta stated he did not believe this was a good provision and felt some kind of amends
should be made to Mr. Conroy for the cost he incurred. The City Administrator and Public
Works Director will look into this.
b. Marshall Smith and Dr. Joseph Mahoney – New River Medical Center: Annual
Report.
Marshall Smith, CEO of New River Medical Center introduced himself and Dr. Joseph
Mahoney, the City of Monticello’s representative on the hospital board.
Marshall Smith stated the facility is a critical access facility. To be designated as a critical
access facility, the facility must be at least 35 mile from the metro area and off the freeway
and be a 25 bed facility. On June 1, 2009 the Monticello Big Lake Hospital and Nursing
Home became the New River Medical Center. He discussed the entities New River Medical
Center works with which include North Memorial Hospital, Centra Care Health System, and
Rehab Care among others. Statistics from 2007 and 2008 were compared as far as number of
births, number of outpatient visits and total days in the hospital. He noted there is an increase
in emergency room activity. With the slow economy and an increasing number of
unemployed and uninsured people, the emergency room is where many people come for
primary health care. New River Medical Center also owns their own ambulance service with
one ambulance located in Big Lake and one in Monticello.
New River Medical Center receives 3% of their revenue from taxes, 4% from other revenue
including investments, 11% from the nursing home and 82% from the hospital. Marshall
Smith talked about the benefits to the community from the presence of New River Medical
Center. Besides providing medical care they employ 375 people and have made a number of
capital improvements that have added to the tax value of their facility. He talked about the
quality care their facility provides and their compliance to federal mandated standards. New
services provided by the facility include the cancer treatment center, in-patient rehab,
expanding the Big Lake ambulance service hours and upgrading the CT scanner. He stated
they are continuing to provide access to quality medical care.
Clint Herbst responded that a quality of life issue is the quality of medical care that is
available and he felt Monticello was fortunate to have a facility like New River Medical
Center within the city. Tom Perrault asked about the possibility of VA services being
provided in Monticello. Marshall Smith gave an update on this possibility but stated they are
still waiting to hear from the Veteran Administration. He did add that the VA service is a
federal designation and that the VA plans to have a designated facility in the northwest
quadrant of Minneapolis. However, if New River Medical Center is not the selected site there
are alternative uses for the space they have available.
5. Consent Agenda:
A. Consideration of approving new hires and departures for MCC, Streets, Parks and
Sewer/Water. Recommendation: Ratify the hires/departures for MCC, Streets,
Parks and Sewer/Water as identified.
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B. Consideration to ratify the April 1, 2009-March 31, 2011 negotiated labor agreement
between the City of Monticello and International Union of Operating Engineers, Local
49. Recommendation: Ratify the 2009-2011 union contract.
C. Consideration to approve a request for an extension of an interim use permit for the
Alternative Learning Program located in an I-1 (Light Industrial) District.
Recommendation: Approve the interim use permit for the Alternative Learning
Program for a three year period based on a finding that the use continues to raise no
issues with the surrounding users and continues to comply with the following
conditions: 1) A short term termination date is established to ensure that the City’s
industrial development objectives were not affected by the location of the school
facility in industrial areas; 2) The building was remodeled only to the extent that
convenient re-use by office or industrial users would still be possible and 3) The
parking was judged to be adequate for the school use of the property.
D. Consideration to approve a request for extension of a conditional use permit for a
Planned Unit Development for Mills Fleet Farm Addition. Applicant: Mills
Properties, Inc. Recommendation: Approve an extension of the June 25, 2007
conditional use permit for concept and development t stage planned unit development
and preliminary plat for the proposed Mills Fleet Farm for a period of one year with
the condition that all previously approved conditions be assigned to the extension.
E. Consideration to approve a request for extension of a conditional use permit for a
drive-through facility in the CCD. Applicant: Masters 5th Avenue. Recommendation:
Approve an extension of the September 12, 2005 conditional use permit for joint
parking and drives and a drive-through facility for Masters 5th Avenue through August
1, 2011 with the condition that all previously approved conditions be assigned to the
extension.
F. Consideration of accepting a donation of $325 from Cargill Kitchen Solutions for Flowers
on Broadway $100 from Goldberg Bonding for National Night Out. Recommendation:
Approve the contribution and authorize use of funds as specified.
G. Consideration of approving 2008 Storm Water Pollution Prevention Program (SWPPP)
Annual Report. Recommendation: Approve the 2008 SWPPP Annual Report and
authorize submittal of the report to the Minnesota Pollution Control Agency.
H. Consideration of accepting donation from Ras Glass (formerly Glass Hut) of 2 windows
48” x 32” for Monticello DMV. Recommendation: Accept the donation from Ras Glass
and approve the bids for creating the openings and installation of windows.
I. Consideration of approving an increase in the monthly payment for services performed by
the Animal Control Officer. Recommendation: Approve an increase of 1% to the
payment amount for Monticello Animal Control for a total of $30.10 per month.
J. Consideration of accepting donation of a metal sculpture from Linda Smith in
remembrance of John Komarek. Recommendation: Accept the donation and location of
the sculpture for Otter Creek Park.
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Glen Posusta requested that items #5A and #5E be removed from the consent agenda. Mayor
Herbst noted that the City received a donation of a sculpture from Linda Smith in honor of John
Komarek. This sculpture which was designed by Parker McDonald will be placed in Otter Creek
Park. The City also received a donation of two windows for the DMV building from Dean
Rasmussen. In addition the City received financial contributions from Cargill Kitchen Solutions
for flowers on Broadway and from Goldberg Bonding for National Night Out.
TOM PERRAULT MOVED TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEMS #5A AND #5E. SUSIE WOJCHOUSKI SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
6. Consideration of items removed from the consent agenda for discussion.
#5A Ratifying Hires/Departures for MCC, Streets, Parks and Sewer/Water: Glen Posusta
questioned the addition of seasonal employees for the Street, Parks and Water and Sewer
Departments. At the last Council meeting it was indicated that staff had cut the number of
seasonal employees but with this meeting five more seasonal employees were being added in
addition to those approved at the last meeting. He questioned whether the department heads really
got the message about cutting back. Glen Posusta emphasized if the City doesn’t cut back now
they may end up laying off full time employees. Clint Herbst felt the Council needed a report on
this since they were told that the number of seasonal employees was being cut back. Public
Works Director, Bob Paschke stated he would check into this and report back.
Tracy Ergen, Human Resources informed the Council that the Parks Department had hired five
seasonal workers instead of seven and only four of the seasonal workers are full time. The Sewer
and Water Department only hired two seasonal workers and the Street Department did cut back
one position. Clint Herbst felt this was not what was represented to them at the last meeting.
Glen Posusta said people should not be hired until they are approved by the Council and felt there
should be a better procedure for handling this. Brian Stumpf said the only problem with Glen
Posusta’s suggestion is there are situations where somebody leaves and the position needs to be
filled as soon as possible so he felt the City should be careful in how they handle any changes in
hiring procedures. There was some discussion how many hours the seasonal employees worked
and what it cost.
BRIAN STUMPF MOVED TO RATIFY THE HIRES AND DEPARTURES FOR THE MCC,
STREET, PARKS AND SEWER AND WATER DEPARTMENT. SUSIE WOJCHOUSKI
SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN
OPPOSITION.
#5E Extension of conditional use permit for Masters 5th Avenue: Glen Posusta wanted to add a
condition to the approval of the extension of the conditional use permit. He felt if the area was
going to remain vacant for any length of time, the property should be graded, seeded, mowed and
maintained. This is part of the downtown area and it should be maintained so that it leaves a good
impression.
GLEN POSUSTA MOVED TO APPROVE AN EXTENSION OF THE SEPTEMBER 12, 2005
CONDITIONAL USE PERMIT FOR JOINT PARKING AND DRIVES AND A DRIVE
THROUGH FACILITY FOR MASTERS 5TH AVENUE THROUGH AUGUST 1, 2011 WITH
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THE CONDITION THAT ALL PREVIOUSLY APPROVED CONDITIONS BE ASSIGNED TO
THE EXTENSION AND WITH THE ADDED CONDITION THAT THE PROPERTY BE
GRADED, SEEDED, MOWED AND MAINTAINED. TOM PERRAULT SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
7. Consideration of accepting audit report for the year ending December 31, 2008.
Jim Eichten from MMKR, the City’s audit firm gave a brief presentation on the City’s annual
audit. Earlier in the evening the City conducted a workshop to go over the audit report in detail so
at this time he was just summarizing some of the highlights of the audit report.
State law requires the City to prepare an annual financial report and to have the report audited.
Jim Eichten reviewed the Special Purpose Audit Report, the Management Report and the Annual
Financial Report. The reports look at the City’s legal compliance with laws and regulations and
internal controls.
The Management Report is broken into two areas the compliance area and the financial results.
The audit report contained four findings relating to internal controls and two findings relating to
compliance with Minnesota laws and regulations. The findings in the internal control area were:
1) Recorded audit adjusting journal entries; 2) Recorded prior period adjustments; 3) Inadequate
documentation of the components of internal controls and 4) Deficiencies in internal controls over
IT (information technology). The two compliance findings were 1) Omission in some contracts of
language relating to the payment of subcontractors and 2) Lack of a budget for capital
improvements and lack of a parks and open space comprehensive plans.
The Auditor explained that most of these findings will be eliminated by the next audit and that
staff was in the process or correcting them now or would be in the near future.
The auditor then reviewed the financials, highlighting that the general fund balance improved by
$617,000 and most of this increase was from cuts in capital asset expenditures. He noted many
cities are seeing a decline in the general fund balance because of cuts in state aid. He also
reviewed the enterprise fund which showed the liquor fund increasing at a consistent rate. He
stated the audit went smoothly and the Council can be assured that financial information they are
receiving can be used to make sound financial decision. Tom Kelly, Finance Director, thanked
the staff for their work with the auditors.
BRIAN STUMPF MOVED TO ACCEPT THE 2008 AUDIT REPORT. GLEN POSUSTA
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
9. Consideration of Electric Distribution and Transmission Franchise Ordinance and
Franchise Fee Ordinance with Wright-Hennepin Cooperative Electric Association.
The Council moved this item up on the agenda. Public Works Director, Bob Paschke reviewed
the information on the proposed franchise agreement with Wright-Hennepin Electric noting the
agreement is similar to the agreement the City has with Excel Energy. The franchise agreement is
based on the model franchise ordinance from the League of Minnesota Cities and is intended to
work in conjunction with the City’s Right-of-Way Management ordinance.
The City is also proposing an ordinance that will establish a fee that will be applied to all user
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accounts. The City will use this fee, which is estimated at $3,951.75 a quarter, to pay for street
lighting projects and street light replacements. With the adoption of the franchise fee, the
company will not pay ongoing fees for permits. Clint Herbst explained that the franchise fee is
one way a city can generate funds for needed improvements such as street lighting.
Brian Stumpf asked how many people would be affected by this. Bob Paschke indicated that
Wright-Hennepin’s service area was primarily on the east end of town. Brian Stumpf asked if
there were any commercial users in the area and Bob Paschke indicated that the City, because of
the lift stations they have in the area, is probably the larger user. Brian Stumpf asked how much
revenue the permit fees generated in previous years and how that would compare with the
franchise fee that would be collected. Jeff O’Neill stated these fees are identical to Excel Energy
fees. If the City is not comfortable with the proposed fee rate, they would need to go back and
adjust the fee rate in the franchise agreement with Excel Energy. Brian Stumpf asked how much
was in the franchise fee fund and Tom Kelly indicated approximately $272,000. Brian Stumpf
asked if any funds were being put aside for putting overhead lights underground. Clint Herbst
indicated the funds could be used for that purpose.
Brian Stumpf said he really questions the $190 fee for the commercial user. Susie Wojchouski
said in checking on the internet some of the cities had fees in the range of $74 for commercial
users which made her feel the $190 was high. Glen Posusta said the landowner was getting hit
for the cost of the street lights and that was why he brought up the franchise fee. He said many
people enjoy the lighted streets even though they have paid nothing for them. Clint Herbst felt it
was less of an impact on businesses to pay a monthly fee than be assessed for the cost of the light.
Glen Posusta agreed that the franchise fee would be more agreeable than being assessed the cost
for street lights.
Lance Hoffman, Vice-President of Wright-Hennepin Electric, stated they have 305 residential
customers that will be affected fee and 7of them are small commercial users. He stated
Wright-Hennepin Electric has a good working relationship with the City but that they are not in
favor of the ordinance establishing the franchise fee. He said they are working hard to keep their
rates low for their customer and the impact of the franchise fee will be a 3 ¼% increase in
residential electric bills. Wright-Hennepin Electric would prefer to see the City raise the revenue
from the general taxes rather than utilizing utility companies to generate the funds. He asked that
the Council approve alternative #2 which would approve the franchise agreement but not approve
the ordinance establishing a franchise fee.
Clint Herbst noted that Wright-Hennepin Electric runs a good operation. While he understands
their position, he did not feel generating the revenue through taxes was appropriate since there are
a lot of facilities such as schools and churches that utilize the lights but would not be contributing
towards the cost of installing them since they are tax exempt. For that reason he felt a user fee
was more equitable. He stated that the City has the franchise fee in place with Excel Energy
which serves approximately 95% of the City and to be consistent is should be applied to the
remaining 5% of the community. Clint Herbst said that the City could look at this again after a
year or so to determine if the fee is doing what it is intended to.
Bob Paschke said the franchise fee for Wright-Hennepin Electric would terminate at the same time
as the Excel Energy franchise.
Jay Morrell spoke saying he thought it was a good discussion on the franchise fees. He stated
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there are two commercial user areas, the Oakwood Industrial Park area and those users along
Chelsea Road. These businesses use a considerable amount of energy and the franchise fee would
greatly increase their bills resulting in the business user paying more towards the street lights.
Glen Posusta felt the City should be doing something with the money from the franchise fee and
not sit on it.
GLEN POSUSTA MOVED TO APPROVE FRANCHISE ORDINANCE #498 AND
FRANCHISE FEE ORDINANCE #499 WITH WRIGHT-HENNEPIN ELECTRIC WITH THE
CAVEAT THAT THERE WOULD BE SOME MECHANISM IN PLACE SO THAT THE
COUNCIL IS AWARE OF WHAT IS GOING ON WITH THE FEE AND WHAT THE FEES
ARE SO THAT COSTS DO NOT GET OUT OF HAND.
Brian Stumpf asked what mechanism would be used and Clint Herbst suggested a periodic review
of the matter. Tom Perrault felt the revenue should be coming from general taxes rather the
electric bill. Clint Herbst said this should be remembered when the budget comes up for
consideration because you can’t continue to cut the budget without coming up with other sources
of revenue. Susie Wojchouski said a periodic review is really necessary. Clint Herbst
questioned what is the City intended to accomplish with these revenues. The City needs to set up
a plan and come up with goals or the franchise fee should be eliminated. Clint Herbst felt the
first review should be sitting down, setting goals and getting an idea of cost and how long it will
take to accumulate the funds for the projects.
BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT
VOTING IN OPPOSITION.
11. Consideration to review the application of trunk water and sanitary sewer charges as related
to a building permit for JME Companies.
This item was moved up on the agenda because there the property owner was present to speak on
the matter.
The item relates to how the City’s charges for trunk water, sewer and storm sewer are to be
applied against property at 140l Fallon Avenue. Angela Schumann noted that the property owner,
Jay Morrell did not receive a copy of the agenda item until today.
Angela Schumann reviewed the history relating to the permit and the fees established for this
permit. The property owner is disputing some of the fees charged. Staff and a representative from
the Council met with Jay Morrell to go over the fees. The fees that are still in question are the
charges for trunk sanitary sewer, water and storm sewer. The property owner indicated that the
industrial properties were excluded from collection of these fees. Staff indicated that they had
reviewed City records and found nothing indicating that this property was excluded. When the
City’s trunk storm sewer policy went into effect in 1997, if a property was 85% developed at that
time, there would be no additional trunk charges. If it was less than 85%, trunk fees would be
applied only to the area being developed. The fees for the property in question were calculated
based on .82 acres but a review of the property indicates the property area may be less than that.
The City has two options: 1) Waive application of trunk fees and consider this property as fully
developed or 2) Apply the trunk fee charges in a manner consistent with the 1997 policy.
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Jay Morrell spoke stating that back when the property was developed the utilities were installed by
a private developed. They paid for all the services that were put in then and they did not have to
pay for any more. Jay Morrell said the building that he is putting up is not connected to sewer and
water so he is wondering why he is paying a trunk fee. He said the building is not putting any
demand on the sanitary sewer system. His feeling is he is not using any sewer or water and
therefore there should be no charges for it.
Glen Posusta said he believes what Jay Morrell is being charged for is trunk storm sewer. Trunk
storm water charges pay for storm sewer improvements downstream. Jay Morrell thought he was
not being charged because all the runoff water was going to a retaining pond on his property. Bret
Weiss responded that in 1997 the storm water trunk fee was put into place. At that time there was
uproar from the industrial park area because they felt they had paid previously. There was a lot of
discussion on how to pay for the storm water improvements. The area of .82 acres was used as the
area being developed by JME but a portion of that lies within the area that was considered
developed in 1997 when the trunk fees were established so the fee should have been calculated on
something less than .82 acre. The pond on the JME property is a private pond and the City has no
easement over it. Originally the trunk storm water fee was set up as an overall fee and later the
City split it out between a ponding fee and the storm water portion.
Bret Weiss explained the trunk fee is a charge, based on area, for the right to connect the City’s
utility system. SAC and WAC charges are collected when the property actually connects to the
system. Trunk charges are collected because even though the property is not developed the City is
reserving capacity in the system for full development of the site. Bret Weiss said the reason the
City should not waive the trunk fees is so all properties are treated consistently.
Jay Morrell said the point that the Council and Bret Weiss are missing is that the private people
paid for the sewer and water to go in. The City did not pay anything for that improvement. Jay
Morrell said there was no improvement done as far as sewer and water on Dundas. Bret Weiss
said that the City has done street reconstruction which JME was not charged for. Prior to 1997
anything that was developed did not pay trunk fees since they were paying taxes all along. After
1997 if property was developed trunk charges were collected.
Brian Stumpf asked about the deep trunk sewer line along Fallon Avenue. Bret Weiss said there
would be no lateral charge because JME gets their sewer and water service off of Dundas Road
and if he has paid trunk charges he would not be charged again.
Jay Morrell contended that the development was accepted by the City so he questions why there
would be fees 20 years later. The Industrial Development Committee agreed that the area
designated in the map supplied in the agenda packet was the area that was developed. Jay Morrell
said no one the Industrial Development Committee spoke for him. Jeff O’Neill said the City had
infrastructure that was needed and downstream improvements to be made so the City set up the
trunk fees as a means to pay for this. Glen Posusta asked how Bill Tapper was handled when he
added on to the Genereux building.
Angela Schumann said the application of trunk charges in this case would be consistent with what
happened to other sites. Jay Morrell said the City is burdening newly developed property with
these charges. Brian Stumpf suggested that may Jay Morrell, staff and maybe someone from the
Council should meet again.
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Jay Morrell had indicated to staff he was in agreement with all fees except the trunk fees. The
only fee that would be removed from his permit cost would be the excavation fee of $30. The
only fees still in question are the three trunk charges. It is proposed that trunk water and sewer
fee and only the basic storm trunk fee would be applied and the charges would be applied to
something less than the .82 acres originally used. This would reduce the fees from $16,660.64 to
$7,181.68.
Jeff O’Neill said what the Council needs to act on is how the policy is applied. Glen Posusta said
he is willing to do whatever the City did with Bill Tapper’s expansion. Bruce Westby said the
current area to be used for calculating trunk fees would be .5 acres. Clint Herbst said it is difficult
for the City to deviate from what the policy that was applied to other properties. Jay Morrell said
the adopted lot line and plan was approved in the 1980’s and now the City comes backs and tacks
on storm water and other trunk fees. Jeff O’Neill said because an approval was given years ago
doesn’t change how the policy should be applied. Jay Morrell said in 1988 it was considered
developed property for the full 10 acres and the reason that was done was because of the parking
lot.
Bret Weiss said the map shows what property was developed. Jay Morrell said it was a matter of
semantics. Bret Weiss said if there was grass on the property it was considered as undeveloped
and this interpretation was applied to all properties in the area. Clint Herbst said it is very difficult
to treat someone else differently.
Based on .5 acres the storm water fee would be $1,622.50; trunk water fee $1,133.50 and trunk
sanitary sewer $1,532.50. The trunk fees plus the other building fees totals $7,181.58. Jay Morrell
questioned paying over $7,000 in fees for a building valued at $200,000. He didn’t think that
would attract any business to Monticello. Jay Morrell said the building cost him $126,000. Brian
Stumpf asked if there was documentation of the $126,000 value why are they paying on a building
value of $200,000. Clint Herbst said the City would be looking at the building permit fees in the
near future. Brian Stumpf agreed the City should go through the fee structure and if any changes
are made to the to the fee structure the City should reimburse JME.
BRIAN STUMPF MOVED TO APPLY THE REDUCED FEE AMOUNT OF $7,181.58 FOR
FEES FOR THE BUILDING PERMIT FOR 1401 FALLON AVENUE AND IF THERE ARE
ANY CHANGES TO THE FEE SCHEDULE AFTER COUNCIL REVIEW OF THE SAME
THE CITY WOULD REIMBURSE JME THE DIFFERENCE. SUSIE WOJCHOUSKI
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
8. Consideration of applying the deferred assessment for Lot 1, Block 1 River View Square to
the lots in the newly created River View Square Second Addition.
Tom Kelly explained what the assessment was for and how the assessment was going to be
applied to the newly created lots. The sale of the property was a condition that released the
deferment of the assessment. The assessment will be appear on the 2010 taxes running for a
period of 10 years at 4% interest as set forth in the assessment agreement.
BRIAN STUMPF MOVED TO APPROVE CERTIFYING THE ASSESSMENTS FOR THE
CSAH 18/I-94 INTERCHANGE PROJECT FOR LOT 1 AND LOT 2, BLOCK 1 RIVER VIEW
SQUARE SECOND ADDITION UNDER THE TERMS OF THE ASSESSMENT
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AGREEMENT AND IN THE FOLLOWING AMOUNTS: LOT 1 $18,838.14 AND LOT 2
$45,013.36. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
10. Consideration of adopting an ordinance amendment establishing a franchise agreement with
CenterPoint Energy.
It was explained that this is a housekeeping matter since the previous franchise agreement had
expired. The proposed franchise ordinance was merely reinstating the franchise agreement. Jeff
O’Neill indicated that at a future meeting the Council may be asked to consider establishing a
franchise fee. CenterPoint Energy is in agreement with the terms of the franchise ordinance.
Clint Herbst stated he would not like to see a fee coming forward with this franchise agreement.
He did feel the discussion at the meeting about hidden fees was good for the Council to have.
GLEN POSUSTA MOVED ADOPT ORDINANCE #500 GRANTING CENTER POINT
ENERGY A NON-EXCLUSIVE FRANCHISE TO USE THE RIGHT OF WAY. TOM
PERRAULT SECONDED THE MOTION NOTING THE ORDINANCE DID NOT INCLUDE
ANY FRANCHISE FEE. MOTION CARRIED UNANIMOUSLY.
12. Department Head Report – Community Development: Development Listening Sessions.
Community Development Director, Angela Schumann reported on the listening sessions held
between staff and developers. Staff felt the sessions turned out well. The City is trying to
improve the development process. Staff realizes that development in 2009 is different from
previous years and that the City must be flexible and adjusts to the changing reality.
Brian Stumpf felt the one-on-one sessions were good for the developers as it was a more relaxed
and informal setting. Tom Perrault asked about input from Trison, the developer of Hillside
Farms and about possible changes in housing size and design within the development. Angela
Schumann indicated that the developer of the Featherstone Addition may be considering
adjustments in the sizes of lots and building but Trison has not indicated what changes, if any, he
would be making in the development.
Clint Herbst said the City has to be considerate of carrying out the terms of the development as it
impacts those residents already living there but he didn’t feel the residents should be blind to what
is going on in the markets. Although homes may be smaller amenities are still important.
Added Items:
Tree Trimming – Susie Wojchouski brought up the need to trim some pine trees at Elm Street and County
Road 39. These trees impair visibility of traffic on the roadway. Bob Paschke will look into this and
determine if the trees can be relocated.
School Boulevard: A resident commented to Tom Perrault about the speed limit sign being placed on the
road. The resident felt 40 mph was fast especially with children present. The question was raised
whether the speed limit for when children were present could be applied all the way down School
Boulevard or just in the area of the school. It was noted School Boulevard is a wide street, 44’ curb to
curb and was meant to carry significant traffic. Glen Posusta felt the stop sign at Pioneer Park slowed
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traffic down considerably. Clint Herbst didn’t agree with placing additional speed limits signs on the
street as the road was designed to carry traffic. Bruce Westby said the stipulation for use of a different
speed limit when children are present is limited to area adjacent to school property or if you have a
designated school crossing with advanced warning sign in the area.
Clint Herbst said there is a need for more enforcement. Bruce Westby informed the Council that Sheriff
Miller will be present at the June 22, 2009 meeting to address the annual report for the Sheriff’s
Department and other issues. He also added that Sgt. Anderson read through the minutes relating to
traffic and speed on River Street and has personally visited with some of the residents who had comment
on traffic conditions.
Disc Golf: A resident complained about disc golf at the Par West Park. The discs often land in the
residents’ yards. People are trespassing on property in order to retrieve the discs. Jeff O’Neill said he
has talked to Tom Pawelk the Park Superintendent about the possibility of re-aligning the baskets.
Blights: Clint Herbst received a call about parking of recreational vehicles and revisiting the ordinance
relating to this. He thought when they adopted the present ordinance the City was going after junk cars
and was not trying to become the recreational vehicles Gestapo. He felt people need to be able to store
their belongings where there home is. Angela Schumann reported that because of the volume of citations
issued this item was going to be brought back before the Planning Commission. They are looking at
conducting a workshop to review the present ordinance which was adopted in 2007.
Ordinance: Jeff O’Neill reported that the City Attorney has prepared an ordinance relating to use of four
wheelers on City streets for Council review. Clint Herbst said the parties interested should take time to
determine if they are can and are willing to comply with the provisions of any ordinance.
13. Approve payment of bills for June.
TOM PERRAULT MOVED TO APPROVE PAYMENT OF THE BILLS. BRIAN STUMPF
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
14. Adjourn
TOM PERRAULT MOVED TO ADJOURN AT 9:55 P.M. SUSIE WOJCHOUSKI SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
Recorder: Dawn Grossinger
Approved: June 22, 2009