Loading...
City Council Minutes 02-14-2005MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday February 14, 2005 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf. Members Absent: None 1. Call to Order and Pledge of Allegiance. Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of January 24, 2005 regular Council meeting. Wayne Mayer questioned the language used relating to his appointment to the Police Commission. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE JANUARY 24, 2005 COUNCIL MEETING AS CLARIFIED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of February 7, 2005 Assessment Workshop Meeting. GLEN POSUSTA MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 7, 2005 ASSESSMENT WORKSHOP MEETING. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Glen Posusta added to the agenda a discussion of ponding at the intersection of CSAH 18 and Fenning Avenue by the Spirit Hills Townhomes. Also added was discussion of capital outlay purchases. Clint Herbst explained that prior to the regular meeting, a workshop including a tour of the Public Works facilities and a discussion of capital outlay purchases,was held. 011ie Koropchak asked for direction on filling the vacancy on the EDA Commisison. Brian Stumpf noted that item #5F on the consent agenda had a revision to it that had been submitted to the Council. He also asked if item #13, Maintenance of the pathway in the Oak Ridge development could be moved to the consent agenda. Tom Perrault noted that he had some questions on that item so it remained on the regular agenda. Bret Weiss stated that prior to the regular meeting a portion of the scheduled workshop meeting was to cover the 2005 Core Street Project but because the Public Works tour was not completed until late, this item was not covered. The Council indicated they would review the 2005 Core Street Project at a Council Minutes - 2/14/05 workshop meeting prior to the February 28, 2005 meeting. Also added to the agenda was a request for a crosswalk at the high school and consideration of setting a meeting date with the Library Board. Mayor Herbst noted the passing of Carol Firkins, an employee in the Finance Department and Vincent Mayer the father of Councilmember Wayne Mayer. 4. Citizen comments, petitions, requests and complaints. None. 5. Consent agenda. A. Consideration of new hires and departures. Recommendation: Ratify new hires and departures as identified. B. Consideration of approving temporary liquor license for a wine tasting event. Recommendation: Approve the temporary liquor license for Hi -Way Liquors for March 11, 2005 at the Monticello Community Center. C. Consideration of adopting a resolution commemorating the 150' anniversary of Wright County. Recommendation: Adopt Resolution No. 2005-12 commemorating 150" anniversary of Wright County. D. Consideration of partnering with Wright County to obtain aerial photography. Recommendation: Authorize the City to enter into a partnership agreement with Wright County for aerial photography in an estimated amount of $2,631.58. E. Consideration of amending the recreational agreement between School District, MYHA and City. Recommendation: Approve addendum to the recreational agreement dated July 1,2004 between School District 882, City of Monticello and MYNA. F. Consideration to approve entering into the Declaration of Protective Covenants, Conditions and Protections for Otter Creek Business Campus. Recommendation: Approve entering into the Declarations of Protective Covenants, Conditions and Protections for Otter Creek Crossing. G. Consideration of a request for building and landscape plan review for Monticello Retail Center as a part of the Development Stage PUD approval. Applicant: Ryan Companies. Recommendation: Approve the development stage PUD based on a N Council Minutes - 2/14/05 finding that the plans, with the conditions and recommendations listed in Exhibit Z, constitute an increased level of design and amenities sufficient to qualify the site for PUD approval with the conditions of Exhibit Z as follows: 1. Consideration of the addition of a Target logo sign on the north side of the Target building visible to Highway 75. 2. The front walkway area of the Home Depot is to be improved with the addition of planter areas for tree planting. These planter areas may consist of movable planters if desired. The landscape plan in the area adjacent to St. Benedict's should be intensified by requiring a minimum of 8 foot high evergreen trees at the time of planting, at no more than 12 feet on center. 4. The pedestrian plaza area on "Outlot D" should be enhanced with shrub and tree plantings on the included berm, and will require further review by staff due to concerns over grading in this area. Limits to grading affecting the plan will be further defined or limited by FHA standards. H. Consideration of authorizing submittal of EAW for Poplar Hill (Insignia Development) to Environmental Quality Board. Recommendation: Authorize distribution of the EAW for the Poplar Hill development to the required agencies. I. Consideration of calling for a public hearing on bill board ordinance amendments. Recommendation: Call for a public hearing to be conducted by the Planning Commission on March 1, 2005 on an amendment to the zoning ordinance regulating relocation of lawful non -conforming billboard signs. J. Consideration of authorizing installation of sanitary sewer flow meter and authorizing associated study for the trunk utilities for the Heritage/Silver Springs Development. Recommendation: Authorize obtaining sanitary sewer flow metering services from SampleTech in the amount of $3,275. K. Consideration of finding that the City sale of land for School/Community meeting space use is consistent with Downtown Redevelopment Plan. Recommendation: Approve a motion finding that the proposed school/meeting space use at this location is consistent with the Comprehensive Plan for the City. Wayne Mayer asked that items 5D, partnering with Wright County on an aerial photography project and 5E, an amendment to the recreational agreement on the ice arena be pulled from the consent agenda. Tom Perrault requested that item 5H, EAW for the Insignia Development and 5K, Findings of sale of City owned land for school/community use is consistent with Downtown Redevelopment plan also be removed for discussion. Council Minutes - 2/14/05 { GLEN POSUSTA MOVED TO APPROVE THE CONSENT AGENDA WITH THE REVISED ITEM 5F AND ITEMS 5D, 5E, 5H AND 5K BEING REMOVED FOR DISCUSSION. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. SD: Wayne Mayer stated his concern with this item was the cost to keep the aerials updated. He suggested that the $50 the City is currently charging Wright County to defray the cost for their DSL line/computer setup be set aside to fund future updates to the aerials. Brian Stumpf asked Rick Wolfsteller if he had discussed this proposal with any other communities and what they intended to do. Rick Wolfsteller indicated that a number of larger communities such as Buffalo, Albertville, St. Michael and Delano would likely participate. Glen Posusta asked when the City last had aerials done and was informed it was after the storm in 1997. This proposal would allow the City to access aerials from the County's website. Rick Wolfsteller felt the County would proceed with this work even if there wasn't 100% participation by all the cities. Glen Posusta asked about the criteria for allocating the costs. Rick Wolfsteller indicated that the County Surveyor had done the calculations based on size, population and number of parcels for each city. Wayne Mayer stated he did not have a problem going ahead with the aerial photography proposal but was concerned about setting up a mechanism to fund future updates of the aerials. Mayor Clint Herbst stated he was not in agreement with using the $50 charge to Wright County to fund the updates as he felt the City should discontinue charging this fee to the County. GLEN POSUSTA MOVED TO AUTHORIZE THE CITY TO ENTER INTO A PARTNERSHIP AGREEMENT WITH WRIGHT COUNTY FOR AERIAL PHOTOGRAPHY IN THE ESTIMATED AMOUNT OF $2,631.58. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. SE: Wayne Mayer indicated that he wanted this item pulled because of his concern about the City making two payments of $75,000 within such a short time frame. At the time the agreement was signed in July the City made their first payment and now the amendment was proposing a second payment of $75,000. Rick Wolfsteller indicated the MYHA wanted to move up the payment date to February to coincide with the due date of their loan. Rick Wolfsteller indicated that the City was not paying any more than what was specified in their agreement only that the date of payment was being changed. Clint Herbst asked if the years of payment were tied to the ice time. Rick Wolfsteller stated that the City would get 20 years of (--1/ 4 Council Minutes - 2/14/05 ice time regardless of when the City's 10 year contribution was paid in full. BRIAN STUMPF MOVED TO APPROVE THE ADDENDUM TO THE RECREATIONAL AGREEMENT DATED JULY 1, 2004 BETWEEN SCHOOL DISTRICT 882, CITY OF MONTICELLO AND MYHA. GLEN POSUSTA SECONDED THE MOTION WITH THE COMMENT THAT HE AGREED WITH THE COMMENTS CREDITED TO SCOTT HILL IN THE PAPER THAT THE MYHA COULD DO A BETTER JOB OF HANDLING THEIR FINANCES AND NOT HAVE TO KEEP COMING BACK TO THE SCHOOL AND THE CITY. MOTION CARRIED UNANIMOUSLY. SH: Tom Perrault noted on the plan for Insignia Development (Poplar Hills) that there was 44 acres proposed for park out of 210 acres being developed. He felt that was an excessive amount for park land. Bret Weiss stated that changing the amount of park land would not impact the EAW. It was noted that some of the area that was designated as park land was under the power lines and some was for storm water ponding making the net park area 29 acres. TOM PERRAULT MOVED TO AUTHORIZE DISTRIBUTION OF THE EAW FOR THE POPLAR HILL DEVELOPMENT TO THE REQUIRED AGENCIES. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5K: Tom Perrault questioned the number of students as he was under the impression it was 120 students. Clint Herbst indicated that it had been changed to 140 students and some pre-school activities. TOM PERRAULT MOVED TO APPROVE A FINDING THAT THE PROPOSED SCHOOL/MEETING SPACE USE AT THIS LOCATION IS CONSISTENT WITH THE COMPREHENSIVE PLAN FOR THE CITY. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. 7. Public Hearing on Municipal Consent for CSAH 18/I-94 Interchange Proj.No. 2004 -OIC Bret Weiss made a presentation noting that when any change is made to an interstate it comes under the municipal consent statutes and requires a public hearing. The project will require acquisition of right-of-way. MnDOT has approved the interchange layout and it is a full interchange. In 2003 the design was reconfigured and the state, county, MnDOT and the City felt the reconfigured design was a better layout. This full access would alleviate some of the traffic on TH 25. Three signals are being proposed; one at CSAR 18/CSAR 75 and the other two at the off ramps. Also as part of the project storm water improvements will be constructed and some existing utilities will need to be relocated. Glen Posusta asked about the overhead utilities and whether the lines would be placed 5 Council Minutes - 2/14/05 underground. Xcel Energy indicated that it would cost approximately $500.000 to place them underground so for the present time the lines are just being relocated. The construction is scheduled to start September 2005 and should be basically completed by August 2006. Glen Posusta stated that his major concern is with the AVR site. 011ie Koropchak indicated that she and Mayor Herbst will be meeting with representatives from AVR on Friday. Mayor Herbst opened the public hearing. Jim Sheehan, 2566 Meadow Oak Avenue, asked about the pedestrian bridge. Bret Weiss indicated that the pedestrian bridge will not be removed but it will be closed during construction. Clint Herbst closed the public hearing. BRIAN STUMPF MOVED TO ADOPT THE RESOLUTION FOR LAYOUT APPROVAL ON THE INTERCHANGE ON I-94 AT CSAH 18. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. Glen Posusta noted his opposition was because he did not feel comfortable going forward with this project until the AVR situation was resolved. 8. Public Hearing on CSAH 18/I-94 Interchange Project No. 2004 -OIC and ordering project. City Engineer, Bret Weiss noted that this public hearing is held to comply with the requirements of Statute 429 which allows the City to assess properties for improvements made. If the City determines to assess properties an assessment hearing will be held after the project is constructed. Bret Weiss broke out the project costs as follows: CSAH 18 - $7,627,519; Chelsea Road - $486,426, ramps - $1,224,497; loops - $1,024,749; ponding - $1,215,597; and right-of-way - $4,586,350 making a total project cost of $16,159,138. To fund the estimated project cost it is proposed that $2,000,00 would come from city trunk funds; Ryan Companies $2,350,000; Weinand $1,506,459; MnDOT $4,200,000; Wright County $2,000,000 and the City's share between $4,500.000 - $6,500,000. Bret Weiss presented a sketch showing the properties proposed to be assessed and also a preliminary assessment roll. The proposed assessment rates were $.50/sq. ft. and $1.25/sq. ft. These are assessment rates that would apply if no assessment agreement is reached with the property owners. Bret Weiss added that in coming up with the assessment roll they looked at only undeveloped parcels. Council had asked to look at assessing developed parcels such as 6 Council Minutes - 2/14/05 Resurrection Church and the high school. The assessment for Resurrection Church was based on 563 feet at $104/per foot for a proposed assessment of $58,552. The $104 per foot rate was comprised of $60 for street improvement/ $24 for storm sewer and $20 for curb and gutter. A portion of this assessment could be waived if an agreement is reach on Meadow Oak Avenue. The school district is proposed to be assessed for 628 feet at $104/per foot for a total of $65,312 for CSAH 18 and 771 feet at $148/per foot for Chelsea Road. The assessment for CSAR 18 could be waived in exchange for improvements provided by the school district. Bret Weiss stated that they have met with a number of property owners but not those north of County Road 75. Mayor Herbst opened the public hearing. Mike O'Brien representing Liberty State Bank, 1560 Hart Boulevard stated that he had sent a letter to the City regarding the proposed project and asked that the letter be part of the public hearing record. The bank is against the project because they feel it would hurt their business and drive down the value of their property because it will reduce the traffic on CSAH75. Because it would reduce their property value there would not be any benefit to them. They would like to see the traffic volume maintained on CSAH 75. The reduced traffic would have a negative impact their property and the proposed improvement would make it more difficult for customers to come to their bank. He asked if there was some way the project could be done and maintain the same traffic flow. Brian Stumpf asked about the source of the bank business and if it was drive by business. Brian Stumpf asked about the exit ramps and whether MnDOT would allow the ramp to remain. Bret Weiss stated the MnDOT dictates that the old ramps be removed. Clint Herbst stated that at this point the City is not looking at assessing any developed property so the bank would not be assessed for the interchange but they would be assessed for the signal that is proposed to be installed. With the development that comes with this interchange project, the bank property should not decrease in value. Glen Posusta agreed noting that once the traffic signal goes in it will be easier for customer to get to the bank.. Wayne Mayer asked Mr. O'Brien to expound on the idea that their business would negatively affected by this improvement. Mr. O' Brien felt this interchange layout would reduce traffic on CSAH 75 and would be too circuitous of a route for customers to use to get to their facility. Mr. O'Brien felt most of the traffic would go along 7t' Street rather CSAH 75. Tom Perrault stated that the current bank sign is perpendicular to CSAR 75 and that by making the sign perpendicular to CSAH 18 it would be more visible to traffic. Mayor Herbst then closed the public hearing. BRIAN STUMPF MOVED TO ORDER CSAH 18/9-94 INTERCHANGE PROJECT, PROJECT NO. 2004-01 C. 7 Council Minutes - 2/14/05 Glen Posusta stated that the AVR relocation was still a problem and also questioned whether there were any written legal agreements with affected property owners. Bret Weiss responded that they have met with the property owners and agreements have been drafted for the Weinand and Ryan Companies properties. Ryan Companies has indicated that they were reluctant to sign the agreement until the City has committed to the project As far as the AVR site the City is still working on negotiating a settlement but the City also has to initiate the condemnation process to keep the project moving along. Delaying the project may change the amount of funding available to the City to finance the improvement. Brian Stumpf stated he understood that the vote was contingent upon the developers signing the agreement. Glen Posusta asked if the Ryan Companies had paid anything to date. Bret Weiss said they had paid for the Highland Way feasibility report. Wayne Mayer asked if the developer agreements would be firmed up enough so they could come back at the February 28" meeting. City Attorney Tom Scott said they are close to finalizing the Weinand agreement. Tom Scott noted that Council is being asked to order the project and at this time they are not making a major financial commitment and still could back out at any time. The decision on the financial commitment will likely come in May when the City will make a decision to deposit money with the court to acquire the AVR site. This would be a substantial commitment to the project. The next financial commitment would be in July when the City would be awarding the contract on the project. The action by the Council at this meeting is not the final action. Glen Posusta said he didn't want to get to a point of no return where the City can't back up any more. Clint Herbst asked when they expected a written agreement from the Ryan Companies. Ryan Companies is firm on the number to be assessed but they are not willing to finalize a development contract until they can line up things with their users and the City is in the position to verify that the project will go ahead on schedule. Clint Herbst felt the AVR people should have been involved much earlier in this project. Brian Stumpf asked if the acquisition of the AVR site goes to court would it favor the City if there was commitment to this project by the City. Tom Scott stated the City needs to order this project before he goes to court on the condemnation. Tom Scott reported that they have been trying to get together with AVR to discuss relocation sites. Glen Posusta felt that AVR could string the City along until the City was too far committed to back out. Bret Weiss stated a number of sites have been submitted to AVR to look at but they have not come back to discuss any of these options. There are many things in this project that are tied together and timing of everything is crucial. Bret Weiss felt that everything was pretty much in place with the only unknown being AVR. Glen Posusta felt the City should be relentless in pushing forward with AVR to get this matter resolved. Brian Stumpf pointed out that his motion was still on the floor. Tom Scott added that any motion would require a 4/5's vote. No second was received on Brian Stumpf s motion. Motion died for lack of second. 8 Council Minutes - 2/14/05 TOM PERRAULT MOVED TO TABLE ACTION ON THE CSAH 18/I-94 INTERCHANGE PROJECT UNTIL THE FEBRUARY 28, 2005 COUNCIL MEETING. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. 9. Public Hearing on Meadow Oak Avenue Improvement Project No 2005-05C and ordering project. Shibani Bisson from WSB & Associates made a presentation on the project. The purpose of this project is to allow for a detour route for when the CSAH 18 bridge is reconstructed and would also provide access to the Weinand property. Shibani Bisson reviewed the work being proposed noting that the driveway for Resurrection Lutheran Church would be relocated. The driveway will be moved from CSAH 18 to 300' east of CSAH 18. Clint Herbst asked if staff had met with the church regarding their concern about cut through traffic. There have been meeting with the church on the proposed project. The project will extend Meadow Oak Avenue, provide sidewalk and storm sewer, relocate an existing watermain and extend sanitary sewer from Chelsea Road to the Weinand property. The project will also include improvements to the intersection of Meadow Oak Avenue and CSAH 75. The estimated cost of the project is $666,720. Shibani Bisson discussed the proposed funding. It is proposed to assess the Weinand property $424,000; Resurrection Lutheran Church $132,000 and city trunk funds would pick up $110,720. It was noted that Y2 of the Resurrection Church assessment would be for streets and this may be waived in exchange for right-of-way, easements and construction of a retaining wall. The other V2 of the assessment would be for storm sewer. The amount of the storm sewer assessment would depend on whether the church constructs storm sewer on their property or uses the storm sewer system proposed for Meadow Oak Avenue. Sidewalk, estimated at $70,000, is proposed to be constructed which would be used for the alternate route for when the pedestrian bridge is closed. It is proposed to address the issue of cut through traffic for Resurrection Lutheran Church by locating a new driveway off of Meadow Oak Avenue which could possibly include constructing a median on either Meadow Oak Avenue or on the church driveway to prohibit left turn access. Glen Posusta asked if it was necessary to design this now or could it be delayed until it was determined that this was an actual problem. Clint Herbst suggested that some kind of signage such as "Do Not Enter" or "Exit Only" be utilized. The concern expressed was that those who wanted to turn left and go south on County Road 18 might cut through the church parking lot. Bret Weiss felt that because CSAH 18 was shut down to the north there will not be much traffic on this road. Bret Weiss indicated that it is not only a short term problem but 9 Council Minutes - 2/14/05 something needs to be done for long term as well. The layout shows a three leg intersection as the County and State will not approve anything else. Mayor Herbst opened the public hearing. Mike Schmidt, the president of the church council for Resurrection Lutheran Church at 9300 Jason Avenue spoke regarding the project. He indicated they have been trying to work out this situation. He stated they cannot enter into an agreement with the City until they have a congregational vote approving it. A meeting of the congregation is scheduled for February 20th. The church council wants to move forward with this project but there are still a number of things that need to be worked out. One concern was through traffic an issue he felt needed to be addressed before it became a problem. He also noted the retaining wall and stated that the church would move the garage at their own expense if the retaining wall is not needed. John Murray, representing Resurrection Lutheran Church stated that he had discussions on this at the County level. He felt that as the land was developed over the next 5years there will be a lot of traffic traveling west to Meadow Oak to go south on CSAH 18. The people he talked to confirmed that traffic in the area will be a problem in the future. The two options that exist are to go north on CSAH 18 and make an u -turn or drive through the church parking lot. He noted that use of the land would also impact the amount of traffic in the area. The church did not feel their driveway should be the road of convenience. Glen Posusta reiterated that he would not like to see access restricted until it is known if it is needed. He felt the only people using this access route after the interchange was completed would be residents of Briar Oakes. He asked if the church needed to have access on Meadow Oak Avenue. Mike Schmidt said they do not want to be in the position where they have only one access to their property. Bret Weiss felt there were two choices 1) a median on Meadow Oak Avenue so you can have right in and right out only or 2) a pork chop design that would allow no left turn into the church property from Meadow Oak Avenue. Bill Seefelt stated that the church was confident that the details could be worked out so that this could come before the congregation. Wayne Mayer asked if the congregational meeting could be changed to a different date to allow time for resolution of this issue. Mr. Seefelt indicated because of the time and effort it takes to schedule the congregational meeting, the church would prefer not to have to change the Feb 201h date. Jim Sheehan 2566 Meadow Avenue asked how many lanes Meadow Oak Avenue would be. Shibani Bisson informed him it would be two lanes with a center turn lane. He was concerned if the proposed road layout would take any portion of his property. He was informed it would not. There was also some discussion as far parking at Freeway Fields and it was noted during construction of the project parking would be restricted in this area. Jim Sheehan stated the speed limit is posted at 20 mph. But people coming off Eastwood are exceeding 50 mph. He felt additional speed limits signs were needed. John Simola indicated that existing sign was 10 Council Minutes - 2/14/05 illegal and was placed to try to slow the speeders. Brian Stumpf said the City could request additional patrol in the area to help alleviate the speeding problem. Betsy Miller 2318 Eastwood Circle asked if there would be any lost of ballfields because of construction. Bret Weiss indicated there would not. There was a question if there was a need for some additional parking because of the ballfields. Bret Weiss said in the long term parking will have to be looked at but for the short term the gravel parking lot on Weinand property should be sufficient. Mayor Herbst closed the public hearing. Wayne Mayer asked if it made any difference if action on this item was delayed until February 28, 2005. Bret Weiss said it just backs up the project and they would prefer to keep this moving along Bret Weiss felt they would be able to work something out with the church. John Simola added that by getting bids out early, the City is not competing with as many other projects. GLEN POSUSTA MOVED, BASED ON THE CITY ENGINEERS COMMENTS TO ORDER THE PROJECT AND PREPARE PLANS AND SPECIFICATIONS FOR THE EXTENSION OF MEADOW OAK AVENUE TO CSAH 18 WITH THE ADDITION OF ADDING SIDEWALK ALONG FREEWAY FIELDS AND WITH THE CITY CONTINUING TO WORK WITH RESURRECTION LUTHERAN CHURCH TO RESOLVE THEIR CONCERNS. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Public Hearing on 7t' Street/Highland Way Project No 2004-02 and ordering project Shibani Bisson gave a presentation on the proposed project to extend 7 t Street to CSAH 18 and to construct Highland Way from 7 1 Street to CSAH 75. This would relieve some traffic from CSAH 75 and provide access to the Ryan Companies. Shibani Bisson reviewed the scope of the project noting that Highland Way involved a railroad crossing. This crossing has been approved contingent upon the crossing at Territorial road being removed. The project also includes a traffic signal at CSAH 75 and Highland Way. The estimated cost of the project is $2,624,080. The funding was broken out as follows: Ryan Companies - $2,054,345; City trunk funds - $191,700. On the traffic signal assessment, Wright County would pay $151,350; 25% would be assessed to properties on the north side. Shibani Bisson reviewed the project schedule which has construction beginning in mid-July and being completed in July 2006. Mayor Herbst opened the public hearing. Mike O' Brien representing Liberty State Bank said the bank's position is that the property is going to go down in value and their property doesn't 11 Council Minutes - 2/14/05 derive a benefit from this project. They would not be agreeable to any proposed assessment for this project. Clint Herbst noted that the City is picking up 1/4 of the signal cost and Wright County is also picking up a portion of the cost. Bret Weiss stated with the interchange an additional 5000 vehicles per day will be flowing into the area. Clint Herbst said the design proposes two left turn lanes in this area so that confirms the belief that traffic volume will increase. Mayor Herbst closed the public hearing. Glen Posusta asked why the hospital and the Bondhus properties were not included in the assessment. Bret Weiss stated that the properties that would directly benefit would be assessed. In this case the benefit is on streets directly accessing the signal. It is a benefit to those traveling on the side streets. Glen Posusta asked why the apartment complex was not included? Bret Weiss indicated that because it was residential it was not included. However if the Council desired to they could send another hearing notice to cover the apartments. If the City was to do that, City Attorney Tom Scott said the hearing should be continued and the apartments noticed so that they would have an opportunity to comment and address the Council. Bret Weiss indicated on the traffic signal on TH 25 they did not assess the townhomes and did not do so here. Wayne Mayer asked about the road that was shown coming off from the north. Bret Weiss said that has been removed and St. Benedicts will have their own access. There will be no combined access. 7t" Street will be the only way to access St. Benedicts. GLEN POSUSTA MOVED TO TABLE THIS SO THAT THEY COULD LOOK AT ASSESSING THE APARTMENT COMPLEX AND GIVE THEM NOTICE WITH THE HEARING TO BE HELD AT THE EARLIEST POSSIBLE DATE WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION AS HE DIDN'T FEEL THE APARTMENTS SHOULD BE INCLUDED. 11. Public Hearing on vacation of 7"' Street West. City Administrator, Rick Wolfsteller, provided the background information on the request for the street vacation. The Council wanted to make sure before any vacation was considered that there was sufficient area available for a buildable lot. The survey that was prepared does show there is sufficient land for a building site. If the City vacates the right of way it needs to be determined how the property will be disposed of. Clint Herbst asked about Block Q. Rick Wolfsteller noted that the current right of way encroaches onto Block Q. The adjacent property owners had received notice of the vacation but none had indicated an interest in acquiring the right of way. Rick Wolfsteller noted the property north of the street is a residential structure that is very close to the right of way. Rick Wolfsteller outlined the options available which include selling to the adjacent property owners, selling to Barry Fluth and selling the land on bids. 12 Council Minutes - 2/14/05 Wayne Mayer asked if Block Q was necessary to make this a buildable site. Rick Wolfsteller indicated it was not necessary but it would make it more desirable. Brian Stumpf stated his concern with creating an odd shaped lot when the City has been trying to eliminate them. Mayor Herbst opened the public hearing. Randy Ruff, 611 Elm Street spoke stating he thought this would be a good way to have a nice home in the area and increase the City's tax base. Clint Herbst asked if Randy ruff would be comfortable with the City giving his name to those parties who might be interested in purchasing the right of way. Mayor Herbst then closed the public hearing. Wayne Mayer asked about the price for the lot as he thought it was low compared to other lots. Rick Wolfsteller stated he had talked to a realtor and they indicated that a city lot with sewer and water would go for $45,000 but noted this lot did not have a service. Clint Herbst said if the city does vacate the property he would like to see them advertise it or sell it by bid. Clint Herbst suggested that the Council could act on the vacation tonight and instruct the City Administrator to come back with options on sale of the property. GLEN POSUSTA MOVED THAT IT IS IN THE BEST INTEREST OF THE CITY TO VACATE THE RIGHT OF WAY AND OFFER IT FOR SALE AT A PRICE TO BE DETERMINED AT A LATER DATE. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. 12. Consideration of authorizing advertisement for bids for new tanker fire truck. City Administrator Rick Wolfsteller, provided the background information on this item. Initially the bids were rejected because of the wide variation in prices and the ability of the low bidder to provide the equipment specified. Since that time the Joint Fire Board has been dissolved. However the Fire Department still wants to bid a new tanker truck. The Fire Department is requesting authorization from the Council before they go out for bids. The estimated cost for this piece of equipment is $160,000. There are other options that could be considered such as going with a smaller size tanker or looking at replacing another piece of equipment. Since the township is no longer part of this the funding will have to come entirely from the City. The 2005 budget did not assume the Joint Fire Board would be dissolved so the contribution from the township would not be available. Clint Herbst said there is a need for another truck but it is uncertain what type of equipment is needed a tanker or a pumper. Scott Douglas who was present indicated the tanker would be used to haul water in areas where there are no hydrants available, such as Kjellbergs, Xcel Energy and part of the freeway. Both pieces of equipment are needed. The Fire Department went with a 3000 gallon tanker with the idea that in the long run that would be the only tanker 13 Council Minutes - 2/14/05 they have. The existing tankers are both 24 years old One is a 1500 gallon tanker and the other is 2000 gallon tanker. Wayne Mayer asked what the advantage of the double wall was over the single wall. Scott Douglas said the double wall provides more protection. Council also questioned the cost difference between a single and double wall. Scott Douglas noted that some of the companies provide a financing plan that would allow payments over 5 years which would be another option to consider. Glen Posusta asked if bidding both pieces of equipment would give them a better price. Scott Douglas said not necessarily as some vendors specialized in the tankers and others in pumpers. Scott Douglas noted that they have made clarifications in the design specifications. GLEN POSUSTA MOVED TO AUTHORIZE THE ADVERTISEMENT FOR BIDS FOR 3000 GALLON TANKER. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Consideration of winter maintenance of pathway in Oak Ridge. Public Works Director, John Simola noted that he had received a petition from residents on Oak Ridge Circle requesting the City to maintain the pathway connecting Oakview Court to Oak Ridge Circle. This allows pedestrian access to the rest of the pathway without having to be on County Road 18. Clint Herbst asked about using a pickup with a blade to do some of the pathways rather than the skid steer. Brian Stumpf said he didn't care how they got it cleaned but he felt the pathway should be cleared. Clint Herbst suggested trying it with the pick up and see how it works but he would leave the method of clearing it up to the Public Works Department.. BRIAN STUMPF MOVED TO APPROVE ADDING THE PATHWAY ON THE NORTH SIDE OF COUNTY ROAD 18 CONNECTING OAKVIEW COURT TO OAK RIDGE CIRCLE TO THE CITY'S WINTER PATHWAY MAINTENANCE SCHEDULE. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. Tom Perrault asked how soon after a snowfall the path would be cleared. John Simola indicated 36 hours at a maximum and those pathways near the schools were cleared immediately fo student use. 14. Consideration of setting a workshop date and time for WWTP issues in relationship to growth expectations. BRIAN STUMPF MOVED TO SCHEDULE A COUNCIL WORKSHOP FOR MARCH 14, 2005 AT 5 P.M. TO DISCUSS ISSUES RELATING TO THE WASTEWATER TREATMENT PLANT AND BIOSOLIDS APPLICATION SITE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 14 Council Minutes - 2/14/05 Added Items: Capital Outlay Items: John Simola noted the list of capital outlay items the Council received and requested the Council to take action on four items: 1) the Public Works storage shed/water department shop. He would like authorization to finish plans and specifications and bid it; 2) drive by radio read units for the water department; 3) repair and maintenance work on well and pump #3; and 4) ordering of John Deere tractor. All other items could be considered at a later date. He also indicated that he had a list of surplus property which he was asking the Council to authorize disposal of by sale to other communities or by sealed bid. Brian Stumpf asked about the number of radio reads needed and Matt Theisen, Water Superintendent indicated at this time just one. BRIAN STUMPF MOVED APPROVE THE LIST OF SURPLUS PROPERTY FOR DISPOSAL BY CITY STAFF. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Wayne Mayer asked about the mower. He stated he would like to see Adam Hawkinson follow through and talk to the softball association and see if they can get some kind of contribution from them to help pay for it. Glen Posusta asked about the blue Ford tractor and why it wasn't used anymore. He felt the tractor they were looking at would cause the same problems as the Ford. John Simola said it shouldn't as this unit would be smaller. Glen Posusta asked why they use a tractor instead of a mower. John Simola indicated the tractor could also be used for dragging and leveling of fields. Rick Wolfsteller indicated this unit could also be used for snowplowing. Clint Herbst felt if the equipment was used just going to be used just for snowing, a mower would be the best piece but if it is multi use the tractor would be the best option. Glen Posusta said he was not comfortable with the proposed site for the Public Works storage building. He didn't feel that as a temporary use (10-15 years) that this was the best use of the land. He said it was not the building that he was opposed to but the location of it. He felt the proposed structure could be put on the site of the current building. Clint Herbst asked about room at the reservoir site. John Simola indicated that at some point in the future there will be water treatment equipment there and it will house the water department. Brian Stumpf noted that much of the equipment is shared by the departments so it is more efficient if the departments are close to each other. John Simola said because there are so many sites the City has to maintain, the equipment is spread thin. John Simola stated that since the funding is not available to make a permanent move of the water department this structure would serve to fill the need on a temporary basis by the Water Department (10-15 years) or until the Water Department moves out. The structure was meant to be a temporary use for the Water Department but permanent use for Public Works functions. Clint Herbst said he 15 Council Minutes - 2/14/05 didn't argue that need wasn't there but he didn't like the site. John Simola stated that they have money for a study of the Public Works area but that completion of the study is at least a couple of months off. The proposed structure comprised of a 26'x 26' building for the Water Department and 40'x 80' pole barn shell is estimated to cost $70,000. BRIAN STUMPF MOVED TO AUTHORIZE JOHN SIMOLA TO GO AHEAD WITH THE PURCHASE OF THE FOUR CAPITAL OUTLAY ITEMS AND BRING OTHER CAPITAL OUTLAY ITEMS BACK AT A LATER DATE. CLINT HERBST SECONDED THE MOTION. MOTION FAILED WITH WAYNE MAYER, GLEN POSUSTA AND TOM PERRAULT VOTING IN OPPOSITION. Rick Wolfsteller asked for clarification that the Council did not want to proceed with any of the four capital outlay items. TOM PERRAULT MOVED TO AUTHORIZE THE PURCHASE OF THE RADIO READER AND THE REPAIR AND MAINTENANCE OF WELL AND PUMP #3. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Wayne Mayer asked about the mower that was purchased from Scharber. Rick Wolfsteller stated that the items was in the budget that was adopted in December. Since this model was going to increase in price by 6% it was felt it was best to order it at this time. As was done in the past with all budgeted capital outlay items, the purchase was approved by the City Administrator a procedure set forth in the City's governance policy. EDA Vacancy: 011ie asked for direction on interviewing the applicants for the vacant EDA position and whether the Council would be interviewing them. Clint Herbst said that rather than full Council conducting the interviews Wayne Mayer and Tom Perrault and representatives of the EDA would conduct the interview. Ponding at the intersection of CSAH 18/Fenning Avenue: Glen Posusta brought up the problem of water ponding at this intersection. Bret Weiss indicated they will check into it see what needs to be done to correct the problem. Pedestrian Crossing - Clint Herbst stated he had received a letter requesting a pedestrian crossing at the high school. Bret Weiss said there is a crossing by the elementary school but not by the high school and his recollection was that the school district had wanted only one crossing. This will be checked into. Library Meeting: Clint Herbst noted that the Library Board would like to meet with the Council to update them on the library expansion. Monday February 28, 2005 at 5 p.m. was the time set for the library meeting and at 6 p.m. the Council would conduct their workshop on the Core Street project. 16 Council Minutes - 2/14/05 15. Consideration of approving payment of bills for February. Council had a number of questions relating to the bills for an IRS penalty, work done on the 1997 Dodge and subscriptions for newspapers and magazines. Clint Herbst questioned the need for the liquor store or Community Center to have subscriptions to newspapers and magazines. He felt these subscriptions should be cancelled. GLEN POSUSTA MOVED TO APPROVE PAYMENT OF BILLS FOR FEBRUARY. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 16. Adjourn. BRIAN STUMPF MOVED TO ADJOURN AT 11:10 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 17