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City Council Minutes 10-27-2003MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, October 27, 2003 - 7 p.m. Members Present: Roger Carlson, Glen Posusta, Robbie Smith, Brian Stumpf and Bruce Thielen. Members Absent: None 1. Call to Order and Pledge of Allegiance. Mayor Thielen called the meeting to order and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of October 13, 2003 special Council meeting. ROBBIE SMITH MOVED TO APPROVE THE MINUTES OF THE OCTOBER 13, 2003 SPECIAL COUNCIL MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of October 13, 2003 regular Council meeting. ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE OCTOBER 13, 2003 REGULAR COUNCIL MEETING. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Robbie Smith requested a discussion of who owns the property along TH 25 and the vehicles parked on the property. 011ie Koropchak requested consideration of setting a special meeting for 6 p.m. on November 11, 2003 for consideration of HRA and IDC issues. BRIAN STUMPF MOVED TO INCLUDE THE TWO ADDED ITEMS TO THE END OF THE AGENDA. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED. 4. Citizen comments/petitions, requests and complaints. Mayor Thielen explained the purpose of the citizen comment portion of the meeting noting it was an opportunity for Monticello residents to comment on items not on the agenda or on other issues in the community. Don Holthaus, a resident of the township commented on the proposed annexation. Mayor Thielen informed him this citizen comment for forum was for residents of the City and that Township residents should voice their concerns to the members of the Township board. Sandy Wightman had a question regarding an assessment and was informed that would be covered in the public hearing on that project which was later in the agenda. Council Minutes - 10/27/03 5. Consent aLyenda. A. Consideration of ratifying new hires for community center, liquor store and parks. Recommendation: Ratify the hiring of employees as identified. B. Consideration of awarding bids on Sunset Ponds Lift Station, Project No. 2003-14C. Recommendation: Award the bid for the Sunset Ponds Lift Station Improvement Project No. 2003-14C to R.L. Larson Excavating in the amount of $148,600.00. C. Consideration of an ordinance amendment allowing carwash facilities by conditional use permit in the CCD (Central Community District). Recommendation: Approve the ordinance amendment to establish car washes as a conditional use in the CCD zoning district based on a finding that the use could be developed to be consistent with the intent of the CCD and Downtown Revitalization Guide. D. Consideration of a request for a conditional use permit allowing a carwash in the CCD. Applicant: Broadway Kwik Stop, LLC. Recommendation: Approve the conditional use permit for a car wash in a CCD zoning district based on a finding that the car wash meets the requirements of the zoning ordinance amendment establishing car washes as a conditional use permit in the CCD, subject to architectural and design review by the Design Advisory Team and subject to the following conditions: 1. Fencing installed as part of the landscaped buffer yard should not be installed between the car wash wall and the southern property line. 2. The existing pole light on the southern boundary should be removed because it violates city code regulating glare. 3. The canopy lighting should be modified in a manner to eliminate horizontal broadcast of light. 4. Architectural/Design review by DAT. 5. Narrowing of the curb cut opening to the extent possible, upon the review and recommendation of the City Engineer. 6. Intensification of landscaping along the south boundary of the site. E. Consideration of appoint to fill vacancy on MCC Advisory Board. Recommendation: Approve the appointment of Sandra Theros to fill the vacancy left by the resignation of Bob Murray whose term expires December 31, 2006. GLEN POSUSTA MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM 5C FOR DISCUSSION. ROGER CARLSON SECONDED THE MOTION CARRIED UNANIMOUSLY. 2 Council Minutes - 10/27/03 6. Consideration of items removed from the consent agenda for discussion. Robbie Smith asked about the 3/2 vote of the Planning Commission on item 5C, allowing car washes as a conditional use permit in the CCD zoning district, and wanted to know what concerns there were that prompted the split vote. Dick Frie, the Planning Commission Chair was present and discussed the Planning Commission's action. He noted that during the Planning Commission discussion of the item, no major concerns were voiced by the Planning members so he was somewhat surprised by the split vote. It was felt that the reason for the split vote was that some Planning members questioned the appropriateness of this use for the entire district and felt there could be some problems with this in the future. ROBBIE SMITH MOVED TO APPROVE THE AMENDMENT TO THE ZONING ORDINANCE TO ESTABLISH CAR WASHES AS A CONDITIONAL USE PERMIT IN THE CCD ZONING DISTRICT BASED ON A FINDING THAT THE USE COULD BE DEVELOPED TO BE CONSISTENT WITH THE INTENT OF THE CCD AND THE DOWNTOWN REVITALIZATION GUIDE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Public Hearing - Consideration of adopting assessment roll for Core Street Reconstruction Phase I Project No. 2002-14C. Kevin Kawlewski from WSB & Associates reviewed the Core Street Project noting this was the first year of a multi-year project. Kevin Kawlewski then reviewed each component of the project which included watermain, sanitary sewer, service replacement as well as street reconstruction. Watermain was replaced on Minnesota Street, Linn Street, Locust Street and Walnut Street and a 12" watermain was constructed on Ramsey Street for the new well and pumphouse. In addition the 4" gate valves and a number of outdated fire hydrants were replaced. The sanitary sewer lines were televised and those sections that were cracked were replaced. New sanitary sewer was also installed on Elm Street and Vine Street. Individual utility services were evaluated and those who met the replacement criteria were replaced. Some storm sewer was also constructed as part of this project along Locust Street and on Elm Street and an outlet from the Village Apartments pond was constructed. Some work as requested by the developers of Emerald Estates, Landmark Square, Vine Street Townhomes, Sunny Fresh Foods and Broadway Kwik Stop was also included in the project. Project costs were reviewed which included $1,862,386 for street work, $431,192 for sanitary sewer improvements, $397,140 for watermain improvements, $322,505 for storm sewer, $135,492 for the watermain construction relating to the well. The total project cost was estimated at $3,148,715. Kevin Kawlewski then outlined the funding for the project noting that city water, sanitary sewer, storm sewer utility and state aid funds made up approximately $1,749,430 of the funding with an additional $500,000 coming from the core street funds. The amount of the project proposed to be assessed is $1,249,431. Council Minutes - 10/27/03 Bret Weiss explained the assessment policy the City formulated for street reconstruction projects and the rationale behind it. The assessment policy contained two rates; one for single family residential property and one for non-residential property. The single family residential rate was a flat rate based on access while the non-residential rate was charged on a per foot basis. The flat rate covered the new pavement, repairs to curb and gutter and repairs to utility. New improvements such service replacement or adding curb and gutter where none existed before was assessed at full cost. For non-residential property the front foot rate was applied 100% against the front (or short side) plus 50% of the long side if the property has access. If there was no access it was 25% on the long side. If a multiple family property had direct access to the street, a per unit rate was used. If there was no direct street access, the multiple family property was charged a per foot rate not to exceed $2,500/per unit. Bret Weiss also explained the equal principal declining interest method of assessment the City utilizes. Brian Stumpf asked when the assessment would be payable. Rick Wolfsteller responded that the property owner had 30 days from the adoption of the assessment roll to pay it in full with no interest charged. If not paid within the 30 days, the amount would be certified to the County and the first installment would be collected with the 2004 real estate taxes. Bruce Thielen explained that if a property owner had filed a written objection to the assessment, they did not have to speak at the public hearing unless they chose to. Filing the written objection at the public hearing, preserves the property owner's right to appeal the assessment to district court. Brian Stumpf asked about the sidewalk issue. Bret Weiss reported that sidewalk proposed on the plans for 4'Street was actually constructed on 3rd Street. The property owners on 3rd Street had not been noticed that the sidewalk was to be included in their area. The City could go back and re -notify the affected property owners and assess the cost of the sidewalk to these property owners or the City could decide not assess the cost of the sidewalk. Bruce Thielen stated an issue that needs to be clarified was that regardless of whether the City assessed the abutting property owners for the cost of the sidewalk, the property owners were still responsible for the maintenance of it. John Simola, Public Works Director, stated that there only certain portions of the sidewalk that the City maintains, the balance is maintained by the abutting property owners. Brian Stumpf felt because it was an extension into Pinewood Elementary the City Council should consider having the City maintain it. Mayor Thielen opened the public hearing for the Core Street Project. Rory Zitur who owns a business on Broadway questioned the single family residential rate and the non-residential rate and how the City came up with the different rates. He indicated that the City had at the beginning of the project stated that 20% of the project cost was going to be assessed but now it was more like 39%. Why did that change? He stated he had contacted other cities in Wright County and they do not assess commercial property differently from residential. He also found out that some communities charge an interest rate on assessments that is only .25% more than the bond rate. rd Council Minutes - 10/27/03 Bret Weiss responded that commercial and residential property are assessed differently because the use is different. For example commercial property would generate more vehicle trips than residential property and would derive greater benefit from an improved street. He stated that 20% of the project cost is the minimum amount the City would have to assess if they bonded for a project. With the additional cost relating to utility repair it raised the percentage of the amount assessed. He also added that the number of percentage points above the interest rate on the bonds that the city charges on assessment is up to the city do determine noting that most of the cities he works with use around 2%. Rory Zitur stated the project costs were estimated at $3,200,000 and came in at $3,100,00. Because it came in at less than the budget why did it cost more. He also felt the traffic generated by a small business was less than a residence with two teenagers. Bret Weiss responded that this project was somewhat different because of the number of requests from developers for work done which pushed the assessments to a higher rate than 20%. Rory Zitur asked about the procedure for filing an objection. Rick Wolfsteller, stated that even though a resident orally voices his objection to the assessment, they must also submit a written objection at the meeting tonight. The written objection preserves the individual's right to go to district court. The objection must be filed in district court within 30 days. City Attorney, Matt Brokl added the objection must be signed by the property owner. Any objection received, will be reviewed by the city staff. Matt Brokl suggested the Council adopt the assessment roll as presented and the staff could make amendments to the roll later if necessary. William McCarthy, 525 4" Street stated that in December 2002 he purchased property from St. Henry's Church. This property was purchased as a single family home and his son is living on the property. He has since received a certificate of occupancy as a residential dwelling and he is asking the Council to assess the property as residential property instead of non-residential. Bret Weiss stated the use of this parcel was discussed at a staff meeting. It was noted that this property had a non -conforming use. Fred Patch, the building official, stated that only today the property got a certificate of occupancy for its residential use. Glen Posusta asked if the property was homesteaded? Mr. Carthy replied that because of the tenant being there for the term of the lease, they could not make the deadline for filing for homestead for 2003 but it will be homesteaded in 2004. Richard Carlson, 532 West Broadway, questioned the assessment amount for service on the Vine Street cul-de-sac. He wondered why only his property and not the adjacent properties received an assessment for storm sewer. Bret Weiss responded that this was being assessell 100% against his property because the storm sewer extension was necessary to serve his proposed development. Richard Carlson stated he did not request the improvement. City Engineer, Bret Weiss stated that in order to develop the property the storm sewer needed to be extended. Mr. Carlson reiterated that he did not petition for the storm sewer. His petition covered only sanitary sewer. Bret Weiss stated that if Mr. Carlson chooses not to develop his property, the proposed assessment could be deferred. Bret Weiss emphasized the storm sewer is 5 Council Minutes - 10/27/03 necessary to serve the proposed development. Barry Fluth, Master's Fifth Avenue, stated he had an assessment agreement calling for $14,080 in assessments. The amount that was proposed to be assessed against his property was slightly higher than that. However since the assessment agreement had a "not to exceed amount", the Council determined the amount should be adjusted to reflect the amount of the assessment agreement. David Gerads, 303 Vine Street asked how the objections would be handled. Bruce Thielen stated this would be considered at the end of the public hearing. Mayor Thielen then closed the public hearing. Bruce Thielen stated that the City had received a number of appeals and those people appealing the assessment will have an opportunity to discuss this with staff. The sidewalk on Third Street was discussed. Public Works Director, John Simola stated that the dollar amount for the sidewalk assessment for those properties that filed an objection was about $2,500 and the total sidewalk cost that was assessed as part of the project was $5,000. John Simola stated that the sidewalk had always been planned for Third Street. One option was that the City could absorb the entire cost of the sidewalk. Another option was to forgive the sidewalk assessment for those properties who had filed objections. Regardless of how the sidewalk assessment is handled, the property owners are responsible for maintaining the sidewalk. Brian Stumpf felt the property owners would rather pay for the maintenance. Bret Weiss suggested that the Council look at an overall policy change on sidewalk and consider that at a future meeting. John Simola stated that each year in November he brings the Council a snow removal plan. The Council could make a decision at that time what sidewalks they want the City to maintain. Roger Carlson concurred that the City should look at maintaining the sidewalk since it is the only sidewalk going to Pinewood School. It was pointed out that only 25% of the cost of the sidewalk was proposed to be assessed against the property owners with the remaining 75% being picked up by the City. Glen Posusta stated if the City eliminates the assessment against those properties that objected, they should also eliminate the sidewalk assessment against the other property owners on Third Street. Glen Posusta also asked about the amount charged above the bond interest rate wondering why other communities could charge only .25%. He did not feel this should be a money making project for the City. John Simola stated that each community is different and that you can't just look at the interest rate they charge. Costs that one city may include in assessments, another community may build into the utility rates. Glen Posusta questioned the reference to a "cushion" as the reason for charging a higher amount over the bond rate. Rick Wolfsteller responded that the City must show it is collecting enough revenue for 110% of the assessments. In addition the City must collect enough for the administrative cost to handle the assessment for the frill term that the assessment runs and to also provide insurance to cover any delinquencies on the assessment. If the City does not collect these costs as part of the assessment they would have to be collected in some other fashion. Rick Wolfsteller added that this practice which is recommended by the city's financial consultant has been the City's policy for 28 years. Council Minutes - 10/27/03 C, BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE CORE STREET RECONSTRUCTION PHASE I PROJECT NO. 2002-14C IN THE AMOUNT OF $1,299,451 AND TO FORGIVE THE COST OF THE THIRD STREET SIDEWALK TO THE ABUTTING PROPERTY OWNERS SINCE THEY WERE NOT PROPERLY NOTIFIED AND TO DISCUSS MAINTENANCE OF THE SIDEWALK AT A LATER DATE. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA ABSTAINING. 8. Public Hearing - Consideration of adopting assessment roll for Cedar Street Improvements Project No. 2002-06C. Kevin Kawlewski from WSB & Associates presented information relating to the assessment for the Cedar Street Improvement Project No. 2002-06C. The project covered Cedar Street from Dundas Road to Kjellberg's Mobile Home Park and included improvements to Dundas Road as well. A 48' street with curb and gutter and necessary utilities were constructed as part of this project. The cost breakdown for the project is: 1) Streets - $380,160.45; 2) Sanitary sewer - $76,470.10; 3) Watermain - $1091,408.50 and 4) Storm sewer - $147,533.59 making the project cost of $713,006.64 with an additional $127,500 for street lighting. The total project costs including street lighting and indirect costs of 22.92% (covers engineering, legal, administrative, bond, etc) was $1,003,927.76 with $962,979.16 of the cost proposed to be assessed. Kevin Kawlewski further broke down the costs noting the cost per foot for streets was $79.08/ft. driveway cost was $2,468.85 each; sidewalk cost $23.26/ft.; intersection upgrades were $23.26/ft.; sanitary sewer $18.68/ft.; services were $1,032.53 each; storm sewer laterals were $20.28/ft.; watermain $32.26/ft and street lights were $28.46/ft. John Lundsten, 1804 Hillside Lane, Buffalo, owns property on both sides of Cedar Street. He is objecting to the assessment based on the fact that sidewalk construction was not suppose to occur. Therefore the cost of construction including interest should be deferred until the property develops. Likewise, he felt the cost of the street lighting plus interest should be deferred until development takes place. City Administrator, Rick Wolfsteller pointed out that these were conditions that were included in a separate agreement with the property owner when easements for the project were acquired and the conditions of the agreement should govern the assessment of this property. Since the property is not developed there should be no maintenance of the sidewalk. Glen Posusta, 2330 Oakwood Circle is appealing the assessment on parcel 155-500-142203 stating that like the Lundsten property his property should not be assessed for sidewalk and street lighting. Rick Wolfsteller stated unlike the Lundsten property there is no agreement covering the parcel and Mr. Posusta had signed a waiver of assessment for this project. Mayor Thielen then closed the public hearing. BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE CEDAR STREET IMPROVEMENTS PROJECT NO. 2002-06C AS OUTLINED IN THE FINAL 7 Council Minutes - 10/27/03 ASSESSMENT ROLL WITH DEFERMENT FOR SIDEWALK AND STREET LIGHTING FOR PARCEL 155-500-142400AND THE DEFERMENT OF THE SIDEWALK ASSESSMENT FOR 155-500-142302. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA ABSTAINING. 9. Public Hearing - Consideration of adopting assessment roll for CSAH 75 Improvements, Project No. 2000-16C Becky Haydon from WSB & Associates provided background information on the project which improved almost 2 miles of CSAH 75 extending from Otter Creek to Washington Street. Deterioration of the pavement surface and the age and condition of city utilities was the impetus for the joint project between the City and Wright County. With the ever increasing amount of traffic on CSAH 75 there was a need to upgrade the roadway to handle the traffic. Becky Haydon reviewed the traffic information for CSAH 75 and provided a history of the project including the public meetings and the process for gathering public input. In designing the roadway, the goal was to provide left turn channelization, maintain parking on both sides, maintain the existing curb line, replace streets lights and improve the pavement surface and utilities. To achieve this goal it required limiting access to six streets which were Vine, Minnesota, Linn, Palm, Wright and Hennepin. Bret Weiss reviewed the funding portion of the project. This was a county project with city participation. It is the county's funding policy that determines which items the city pays for. The City pays for all utilities and the cost of a local street. Although the City pays a high portion of the project cost, they have no say in what items they pay for. The City's share of the project cost was spread against all the properties in the project area even though the work may have varied from one area of the project to another. The assessment policy is the same one that was used for the Core Street Reconstruction project. The project cost was $3,504,712.93 with the City's share being $1,920,000 and the County's share $1,572,289.61. Of the $1,900,000 project cost, city funds paid $1,200,000 leaving approximately $700,000 to be assessed. Glen Posusta asked how much the engineering cost was. Bret Weiss stated he didn't have a separate breakdown but the 24% indirect cost included engineering, legal, surveying, administrative and bonding costs. It was noted there was additional engineering cost for the preliminary design work. Mayor Thielen then opened the public hearing on the CSAR 75 proposed assessment. Roger Schwientek, 1309 West Broadway questioned being assessed for $2,500 on a project that was 100% paid for state gas tax money. The work done to the street in front of his house did not justify $2,500 adding that even the maintenance of the road is taken care of by the county. He also questioned why the Sandy Lane residents were not assessed. It was pointed out that the Sandy Lane residents have no frontage abutting CSAH 75. When Sandy Lane is improved, the residents would be assessed for that improvement. Because the County paid more of the cost in one area of the project did not relieve the City of responsibility for the City's portion of the project costs. E'? Council Minutes - 10/27/03 Ron Albrecht, 1318 Prairie Creek Lane stated his concern was not so much with the cost but where the assessment was placed. The assessment was shown against the common property of the townhouse development rather than the individual units. It is more difficult for the homeowners association to collect from the individual units than it would be for the city to collect it from the units. Matt Brokl and Rick Wolfsteller with work with the townhome association on this issue. It was noted that the individual units were notified of the assessment against the common property. Tom Holthaus, 1129 West Broadway, owner of Westside Marked, stated he understood his access to CSAH 75 is gone and that the County is not planning on returning it. Without access, he questioned why he should be assessed. Bret Weiss stated that currently the property does have access to CSAH 75. Tom Holthaus challenged whether there is access and Bret Weiss stated that the access issue must be resolved by the county. Tom Holthaus also questioned the non-residential assessment rate stating that commercial use of the property which was grandfathered in has lapsed since the commercial use has ceased for more than six months. Alicia Felton, 618 East Broadway asked what the $2,500 unit access was. The engineer indicated a single family unit access would be one unit with one driveway. She questioned why then was her assessment over $5,000. The engineer explained that the $2,500 unit access was for the street work only and that if utility services were replaced there would be additional charges. In her case there was a charge for sanitary sewer service. Doug Schneider owns three commercial properties. His question was on the vacant lot on the south side of Broadway just west of the stoplight. The lot is 43' wide and a concrete knoll takes up the majority of the lot area so he only has about 8' of usable space. Bret Weiss stated that everyone along the street was treated equally. Doug Schneider stated that he only has 10' of blacktop but was having to pay $2,500. He asked if the Council would consider deferring the assessment. Mayor Thielen then closed the public hearing. City Attorney, Matt Brokl suggested the City exclude the Prairie West townhome development at this point in order to effectuate what the townhouse association is asking for. Glen Posusta asked why property owned by the City was being assessed under this project but did not receive an assessment on the Core Street Project. Rick Wolfsteller stated generally city property is not assessed. Becky Haydon stated the property in question was the Chamber of Commerce building. Some utility work was done that benefitted adjacent properties so an assessment was shown against the Chamber of Commerce property so it could be shown how the cost was broken out. ROGER CARLSON MOVED TO APPROVE THE ASSESSMENT ROLL FOR CSAH 75 IMPROVEMENT PROJECT NO. 2000-16C AS OUTLINED IN THE FINAL ASSESSMENT ROLL EXCLUDING THE PRAIRIE WEST TOWNHOME DEVELOPMENT. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF 9 Council Minutes - 10/27/03 ABSTAINING. A ten minute recess was taken and the Council reconvened at 9:30 p.m. 10. Public Hearing - Consideration of certification of delinquent utility amount for collection ivith real estate taxes. Rick Wolfsteller explained the purpose of the special hearing was to adopt an assessment roll for utility billings that were delinquent for more than 60 days. Mayor Thielen opened the public hearing. There was no one present who spoke for or against the proposed assessment. Mayor Thielen then closed the public hearing. Glen Posusta had a question on the interest rate charged. Rick Wolfsteller explained that the interest rate of 6% was the rate charged on a delinquent amount that was certified to the county and the 10% was the penalty amount on a delinquent bill. BRIAN STUMP MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE DELINQUENT UTILITY ACCOUNTS AS PRESENTED. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Public Hearing - Consideration of certification of delinquent miscellaneous accounts receivable for collection with real estate taxes. Rick Wolfsteller explained the purpose of the public hearing and noted that most of the account receivable charges were for services such as mowing, etc. Mayor Thielen opened the public hearing. There was no one present who spoke for or against the proposed assessment. Mayor Thielen closed the public hearing. ROBBIE SMITH MOVED TO ADOPT THE ASSESSMENT ROLL FOR DELINQUENT ACCOUNTS RECEIVABLE AS PRESENTED. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Public Hearing - Consideration of vacation of storm sewer/utility easement within the properly comprising the Sunset Ponds development. It was explained that the easement acquired when the storm sewer outlet was constructed for the Meadow Oaks development was being replaced by utility easements that would be dedicated in the plat of Sunset Ponds. Mayor Thielen opened the public hearing. No one present spoke for or against the proposed vacation of the easement. Mayor Thielen then closed the public hearing. Glen Posusta asked if ditch #33 was impacted by this easement. John Simola explained that easement allowed the water to pond before it drained into the Gillard Avenue storm sewer. 10 Council Minutes - 10/27/03 GLEN POSUSTA MOVED TO ADOPT A RESOLUTION APPROVING THE VACATION OF THE STORM SEWER/UTILITY EASEMENT CONTINGENT UPON REPLACEMENT EASEMENTS BEING PROVIDED IN THE PLAT OF SUNSET PONDS. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. AVVroye payment of bills for October. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF BILLS FOR OCTOBER. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Ttomc-- 011ie Koropchak, Economic Development Director, requested that a special meeting be set for November 10, 2003 at 6 p.m. for IDC and HRA issues concerning industrial land. Bruce Thielen mentioned he had talked to Wayne Kessler, Mayor of St. Michael, who had experienced annexation when Frankfort Township was absorbed into the City of St. Michael. Wayne Kessler offered to meet with the Council to have a question and answer session on what the City should be looking for in their annexation. Bruce Thielen suggested setting a meeting at 5 p.m. with Wayne Kessler and invite the township supervisors to attend. Glen Posusta asked if the public would be included in the workshop. Bruce Thielen stated it would be a public meeting but it would not be a public hearing. Brian Stumpf stated township residents should forward their concerns on the annexation to the township supervisor. Glen Posusta felt the township residents didn't have a voice in the annexation. Bruce Thielen responded that the township supervisors are the voice for their residents. Rick Wolfsteller will contact Wayne Kessler and invite the township supervisors. Robbie Smith brought up the storage of vehicles on the piece of property in front of Amax Storage. Robbie Smith was told the property was owned by the City. Bruce Thielen asked about the proposed sale of the property to Glen Posusta. Matt Brokl said there were some questions relating to title but these have been resolved and a deed could be ready within the week. There is approximately $5,000 worth of interest in question which Bruce Thielen suggested be split. The delay in closing on the property was discussed. Glen Posusta stated that he lost money because of the delay in closing on the property. Rick Wolfsteller stated that the City was not required to provide title work and suggested the Council have a copy of the purchase agreement before them so they were aware of the terms of the purchase agreement. Matt Brokl concurred that the City was in the position to issue a quit claim deed at any time. Bruce Thielen stated the option to split the interest cost had been suggested or were there an any other options to consider. Brian Stumpf stated he would like to see the agreement before commenting. Glen Posusta stated he would like to have obtained the property a year ago but was not able to do so. His plan upon obtaining the property would be to get a sign up and then the truck would be removed. The truck is in violation of city ordinance because it is an off premise sign. Robbie Smith would like to see the land transfer done and the truck removed. Bruce Thielen said council members must set an example for the community and comply with the provisions of the ordinance. Brian Stumpf countered that the City should practice the same rules referencing the site across from the Public Works building. John Simola stated the city has allowed the site to be used by contractors on the last three construction project because it has secured storage and the City has applied for a 11 Council Minutes - 10/27/03 conditional use permit for the building. Brian Stumpf stated this is a non -conforming use and he wool d like to see it cleaned up. In additional discussion of the sale of the property, Rick Wolfsteller stated that the City was not going to provide a warranty deed only a quit claim deed. If the deal has to be renegotiated, the City could not deal with Glen Posusta since he is a council member. Matt Brokl stated that according to the agreement a quit claim deed will be provided. The other question is remaining. Bruce Thielen felt the interest should be split. Glen Posusta felt that the interest should only be for month since the okay on the sale of the land was only given a month ago. He said he was never told by the City that they would give only a quit claim deed. Robbie Smith asked about setting an amount of time for the truck to be removed. Glen Posusta will work with the City to have the truck removed within 30 days. John Simola reported that staff has negotiated the turn back of County road 117 from Chelsea Road to just north of 85" Street. The documents could be signed by the end of the year. Under the turn back agreement the City will receive $85,000 plus two years of maintenance. 14. Adjourn BRIAN STUMPF MOVED TO ADJOURN AT 10 P.M. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5 Recording Secretary 13 IN 12