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City Council Minutes 10-24-2005MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday October 24, 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 October 10, 2005 regular Council meeting. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE OCTOBER 10, 2005 REGULAR COUNCIL MEETING. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of the October 10, 2005 biosolids workshop. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE OCTOBER 10, 2005 BIOSOLIDS WORKSHOP. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Brian Stumpf added agenda item 412, rejecting the bid results on the Mississippi Drive Park Parking Lot Improvements to the consent agenda. Clint Herbst added a discussion of a letter from a resident on Park Place Drive; an update on the compost facility and a telephone conversation with Bruce Anderson regarding Front Street and Linn Street river bank erosion problem. Glen Posusta added discussion of Deputy Registrar's Office, liquor store sign and city employees cell phone use. Wayne Mayer added an update on the four way stop at Cedar Street and School Boulevard. Brian Stumpf stated that he will not be able to attend the October 27, 2005 joint meeting with the Police Commission and other public safety representatives to plan the agenda for an upcoming public meeting. 4. Citizen comments, petitions, requests and complaints. Jason Penaz, 5944 Badger Street spoke to the Council about construction in his area and when that work would be completed. Consulting Engineer, Bret Weiss indicated that the developer has decided not start that part of the work this fall. He is proposing to include it in the next phase of the development. If the developer does not proceed with the work, the City has funds in place to finish the street construction. Either way, the work would not be done before next Council Agenda - 10/24/05 year. Mr. Penaz asked about Schluender putting in sod this fall. Bret Weiss stated he will check with the contractor and get back to Mr. Penaz on this matter. Clint Herbst felt the Council should be taking a stand on matters like and in the future give the developers a deadline for the developer to complete the work. If they don't do it the City will take the security deposits in place and use them to complete the work. Bret Weiss stated that if the City decides to complete this work it could be included in another project that would be done in the spring. Bob Grabinski, 1610 Oak Ridge Circle spoke regarding Carlisle Village. He noted that in the agenda item relating to Carlisle Village. Bret Weiss had made recommendations on matters relating to erosion control and other problems in the Carlisle development. 5. Consent agenda: A. Consideration of approving hires and departures. Recommendation: Ratify hires and departures as recommended. B. Consideration of approving an ordinance amendment to Title 2,Chapter 5, Library Board. Recommendation: Adopt Ordinance 4433 amending Title 2, Chapter 5 of the City Code. C. Consideration of approving rezoning for Hunters Crossing 2nd Addition from A -O to R-1. Recommendation: Approve the rezoning from A -O to R-1 for Hunters Crossing 2nd Addition. D. Consideration of accepting six month liquor store financial report. Recommendation: Accept the six month liquor store financial statement as presented. E. Consideration to ratify the amendment to the license agreement between the HRA, City and Rocky Mountain Group, LLC. Recommendation: Approve ratifying the Amendment to the License Agreement between the HRA, the City and Rocky Mtn Group, LLC. F. Consideration of approving revised liquor license for Applebee's Neighborhood Grill & Bar. Recommendation: Approve the liquor license for Applebee's Neighborhood Grill and Bar with a revised license period of October 31, 2005 through June 30, 2006. G. Consideration of appointment of election judges for special primary election on November 11 2005. Recommendation: Appoint the following judges to serve as election judges for the 2005 special election: Adair Alexander, Fred Anderson, Gregory Ashfeld, Joan Brandon, Donna Brauch, Ron Broekemeier, Janet Bromberg, David f Carlson, Lucille Clausen, Edith Custer, Rosemary Dahl, Mary Daniels, Kristi DeMarais, Jan Doucette, Jamie Fischer, Kaye Gauthier, Judy, Holley, Jeanette Holt, Lynnea 2 Council Agenda - 10/24/05 Gillham, Jan Irvine, Lori Kraemer, Wanda Kraemer, Arlene McIntire, Judy Moody, Robert Nelson, Merrijo Nesland, Richard Quick, Randy Smith, Rita Soltau, Patricia Sonju-Thielman, Opal Stokes, Sandy Suchy, Diane Wefel and Lorraine Wolff. H. Consideration of denial of a request for a conditional use permit for a detached accessory structure in an R-1 Zoning District. Applicant: Jason VanderHeyden. Recommendation: Move to deny the conditional use permit amendment for a detached accessory structure in an R-1 Zoning district. Approve payment for site grading of the Dahlheimer Distributing Site as per the HRA contract. Recommendation: Approve payment by the HRA in the amount of $45,000 to R.L. Larson Excavating, Inc. J. Consideration of a request for a preliminary plat of the Monticello Travel Center 2nd Addition; conditional use permit for a development stage planned unit development; a variance to parking requirements in the B-3 Zoning District and consideration of the final plat of the Monticello Travel Center 2nd Addition. Applicant: IRET Properties. Recommendation: Decision 1) Approve the request for the Monticello Travel Center 2nd Addition preliminary plat subject to the conditions listed below and contingent on associated Cedar Street vacation based on a finding that the use is consistent with the Comprehensive Plan and appropriate for the subject site; Decision 2) Approve the application of the conditional use permit for a development stage PUD with the comments listed below and based on the findings that the proposal would comply with the City's Comprehensive Plan and long-term development goals for the area; and Decision 3) Approve the final plat subject to the conditions identified in the preliminary plat and PUD approval contingent on vacation of portion of Cedar Street to be included in plat and associated deed transfer. 1. The applicant shall submit revised plans illustrating compliance with the final City Council approval prior to final plat. 2. The Wendy's parking area must confirm at least a 5 -foot setback from all lots lines. 3. Any parking within drainage and utility easements is constructed at the owners risk. Parking areas that are damaged by the City in the event that access is needed to the underlying utilities will be replaced at the owner's cost. 4. The applicant shall verify plans for 5 -foot sidewalks along the entire length of the subject site on the south side of Oakwood Drive and the west side of Cedar Street. 5. The applicant must submit plans showing the proposed location and dimensions of any outdoor storage and/or sales. J Council Agenda - 10/24/05 6. The signage plans submitted for the October 4, 2005 Planning Commission are approved as submitted. K. Consideration of denial of a request for a rezoning from PZM to B-3. Applicant: MMC Land Company. Recommendation: Move to deny the rezoning request from PZM to B-3 based on a finding that the most appropriate zoning for the area due to proximity of extensive residential uses is the PZM District. L. Consideration of an ordinance amendment to the Monticello Zoning Ordinance relating to the regulation of pylon signage. Applicant: City of Monticello. Recommendation: Move to deny the amendment to the zoning ordinance changing the number of pylon signs permitted on properties with freeway frontage based on a finding that the current sign ordinance sets forth sign regulations consistent with the goals of the City of Monticello. M. Consideration of approving final plat for Blue Chip Development. Recommendation: Approve the final plat for Blue Chip Development contingent upon the conditions associated with the preliminary plat approval made by the City Council on August 12, 2005. N. Consideration of tabling action on a conditional use permit for 896 sq. ft. detached accessory structure in an R-1 Zoning District as no survey was provided.. Applicant; Richard Bastien Central Masonry and Concrete. Recommendation: Move to table action on the request. O. Consideration to -approve the final plat and development agreement for Carlisle Village 3" Addition. Recommendation: Move to approve the Carlisle Village 3" Addition final plat subject to the conditions for building permit and erosion control as noted in the agenda report and to approve the development agreement for Carlisle Village 3rd Addition. P. Consideration of authorizing staff to obtain an appraisal on City property available for sale. Recommendation: Authorize staff to obtain an appraisal for Lot 5, Block 5 River Terrace Addition. Q. Consideration of award of bid for Mississippi Drive Parking Lot Improvements, City Project No. 2005-36C. Recommendation: Move to reject the bids received and re -bid the project for construction in 2006. Items #5H, #5J, #50 and #5P were pulled from the consent agenda for discussion. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #5H, #5J, #50 AND #5P AND WITH THE ADDITION OF AGENDA ITEM #12 AS #5Q (BIDS ON MISSISSIPPI DRIVE PARK PARKING 11 Council Agenda - 10/24/05 IMPROVEMENTS CITY PROJECT NO. 2005-36C). TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. #5H -Amendment to conditional use permit for a detached accessory structure - Jason VanderHeyden. Tom Perrault stated he had looked at the site and since the Planning Commission's recommendation for denial was a 3/2 vote, he felt this item should be opened up for discussion. Glen Posusta, Planning Commission liaison, stated that the Planning Commission had originally granted a conditional use permit to allow the property owner to construct a detached garage on his property. The intent was to have green space between the apron of the building and the driveway. The applicant is requesting that the conditional use permit be amended to allow him to pour concrete to connect the driveway to the apron of the building. Glen Posusta stated he has looked at the site also and it appears that the property owner is putting in a concrete parking area next to the detached structure which is contrary to what the Planning Commission wants to see in a residential area. Jason VanderHeyden, 4537 Cobblestone Court stated that under his building permit he was allowed a 30' x 32' apron. He would like to extend that apron an extra 10 feet to his existing driveway. He has talked to his neighbors and they have no objections to his extending the apron another 10 feet. Dick Frie, Planning Commission Chairman stated that he was in support of the request to amend the conditional use permit. Mr. Frie stated that what was proposed would create an aesthetically pleasing setting. He felt this was a good way to get items stored outside moved into a building. If the amendment to the conditional use permit is approved, the property owner would be required to submit a landscape plan for along the driveway edge and would be restricted from outside storage on the driveway, except for patio furniture and only licensed operable passenger vehicles would be allowed. Dick Frie stated it is a driveway going into a double garage. Right now there is a 10 foot gap which the property owner wants to fill. Dick Frie felt denying the amendment to the conditional use permit to allow the 10 foot extension would be preventing the finishing touch from being done. Glen Posusta said the 13 feet on the north side of the garage is what concerns him as it appears that the intent is to have something parked there. Jason VanderHeyden said that the intent was to have it for access so that he could use a skid loader to bring materials to his retaining wall. Glen Posusta stated his concern about future property owners parking RV's in the area. Dick Frie reiterated that if approval was given it would be with certain conditions including shrubbery on the south side. There was a question on what was originally approved. Jeff O'Neill said he thought the pad was larger than what was approved but he would have to check the records to determine what was approved. He said the Planning Commission wanted to maintain the green space and have a smaller pad. Brian Stumpf and Tom Perrault both felt E Council Agenda - 10/24/05 some landscaping of the area should be required. Glen Posusta stated he felt the property owner went overboard with the concrete. TOM PERRAULT MOVED TO APPROVE THE AMENDMENT TO THE CONDITIONAL USE PERMIT FOR 4537 COBBLESTONE COURT INCLUDING CONDITIONS THAT THE APPLICANT SUBMIT A LANDSCAPING PLAN ALONG THE DRIVEWAY EDGE FOR STAFF APPROVAL AND THAT THE CONDITIONAL USE PERMIT IS MADE SUBJECT TO A PROHIBITION OF OUTDOOR STORAGE ON THE DRIVEWAY WITH THE EXCEPTION OF COMMON PATIO FURNITURE AND ONLY THE PARKING OF LICENSED, OPERABLE PASSENGER VEHICLES SHOULD BE ALLOWED. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5J - Monticello Travel Center 271' Addition Tom Perrault had a question on the driveway locations in the development and whether the driveway layout would allow adequate spacing to turn left to get into Wendy's. Bret Weiss responded that there was a great deal of discussion about that including lining the driveway up with the Holiday entrance. The consensus of staff was that if it becomes a problem to make a left turn then traffic will just go to Cedar Street. One modification that was presented was that Oakwood Drive be striped for a turn lane. They discussed extending the curb out and not allowing the right turn lane to go all the way to Cedar Street. Clint Herbst asked if the median was extended further would it encourage traffic to go on Cedar Street. Bret Weiss responded if it gets to be a problem people will go another way. Glen Posusta questioned the comment that the site would meet the B-3 setback of 5 feet from the property line. He questioned why a business could not have a parking lot over an easement area as long as it was covered by agreement that the if work was done in the easement area the property owner would be responsible for the cost of repairs. Jeff O'Neill stated that while that is a possibility the City has recently approved an ordinance amendment establishing 12 foot easements. He added the amendment doesn't apply to this site since this was prior to the amendment. Steve Grittman said the setback area can be used for green space. He said an agreement covering the easement would protect the City but the person who makes the agreement is not always the one who ends up with the responsibility for the cost of repairs. Steve Grittman said from the revised site plan it would appear that the developer would have room for a 5' setback. Glen Posusta also questioned the comment that the existing services should be used rather than constructing new ones. Wayne Mayer asked Bret Weiss to show on the drawing the location of the existing utilities. Bret Weiss showed the services that could be utilized by Wendy's and Holiday and added that rather than dig up new streets to install services it seemed to be more practical to use the existing ones. Glen Posusta asked what was the rationale for having the parking requirements for a semi- trailer tractor trucked approved by the City Engineer. Steve Grittman stated it was so delivery trucks would have adequate space for maneuvering. C� Council Agenda - 10/24/05 GLEN POSUSTA MOVED TO APPROVE THE PRELIMINARY PLAT FOR MONTICELLO TRAVEL CENTER 2ND ADDITION CONTINGENT ON ASSOCIATED CEDAR STREET VACATION, BASED ON A FINDING THAT THE USE IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND APPROPRIATE FOR THE SUBJECT SITE. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION SINCE HE FELT ITEMS #2 AND 43 FROM EXHIBIT Z SHOULD BE INCLUDED. Brian Stumpf stated his opposition vote was because he wished to have John Simola elaborate on the 5' setback for utilities. Bret Weiss stated he and John Simola were pushing for no parking lots on the utility easement. Bret Weiss said they don't know what utilities are there or have to go in there. Even with an agreement, the property owner will have a reluctance to tear up the parking lot for any work or repair in the easement area. Clint Herbst asked the City Attorney, Soren Mattick, about the legality of an agreement requiring the property owner to make such repairs. The attorney indicated such agreements are valid. GLEN POSUSTA MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR A DEVELOPMENT STAGE PUD TO ALLOW A DRIVE-IN CONVENIENCE FOOD ESTABLISHMENT, MOTOR FUEL STATION/CONVENIENCE STORE, CAR WASH, JOINT PARKING AND DRIVES, OPEN AND OUTDOOR STORAGE AND A RETAIL COMMERCIAL DEVELOPMENT BASED ON THE FINDINGS THAT THE PROPOSAL WOULD COMPLY WITH THE CITY'S COMPREHENSIVE PLAN AND LONG TERM DEVELOPMENT GOALS FOR THE AREA. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION FOR THE SAME REASONS AS NOTED IN APPROVING THE PRELIMINARY PLAT. GLEN POSUSTA MOVED TO APPROVE THE FINAL PLAT OF MONTICELLO TRAVEL CENTER SECOND ADDITION SUBJECT TO CONDITIONS IDENTIFIED IN THE PRELIMINARY PLAT AND PUD APPROVAL AND CONTINGENT ON VACATION OF PORTION OF CEDAR STREET TO BE INCLUDED IN PLAT AND ASSOCIATED DEED TRANSFER. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. Glen Posusta brought up the matter of another sign that was being proposed for the site. The sign would be for Dairy Queen and an unnamed business or restaurant. Dan Mielke spoke regarding the sign issue stating that in 2001 with the existing PUD they had received sign application approval that would give them a 57pylon sign on the property. They had proposed a twin pole pylon sign with 264 square feet of area. He wanted to make sure on the new plan they could sell a triangular piece for of land for the placement of the sign. He clarified that the proposed location of the sign for Dairy Queen would be on the southeast corner of the plat. Jeff O'Neill stated that was the site that was approved earlier and he didn't think the development would interfere with where they place it. Dan Mielke noted that the sign would no longer be on their property. Glen Posusta felt to make a more symmetrical site it �,,,✓ would look better to go with the same style sign for each sign. Clint Herbst asked about the 7 Council Agenda - 10/24/05 drawing for the Holiday/Wendy's sign which showed an area of 400 square feet and the previously approved sign had an area of 264 square feet. He felt both signs should be the same size. Clint Herbst felt the Council could recommend going with one pole or two pole design but the didn't feel the Council should increase the square footage. The approval was for 264 square feet and not 400 square feet. If they are going to request more sign area, they would need to go back to the Planning Commission. Jeff O'Neill stated that dual pole or single pole is not an issue. The height and square footage of the sign should be what was approved and concurred that any deviation from that should go back before the Planning Commission. Dan Mielke asked if some of the other signs were omitted would some consideration be given to allowing more square footage. #SO - Final plat Carlisle Village 3' Addition: Clint Herbst said he was upset by what is going on in the development. He cited the mess on the streets, storing of materials in the street, erosion problems, violation of the tree preservation plan. etc. He said he liked the idea of no building permits being issued unless those items are taken care of and felt the City needed to stay on top of this. He stated the developer should be sweeping those streets at least once a week if not twice. Bret Weiss stated that not all of the problems are the result of the developer's activities. Some of the builders working in the development are doing what they want and not complying with regulations. These builders will be tagged and not give permits or inspections until these issues are taken care of. GLEN POSUSTA MOVED TO DENY APPROVAL OF THE FINAL PLAT OF CARLISLE VILLAGE THIRD ADDITION. Brian Stumpf felt the City could send a strong message without denying approval of the plat. Wayne Mayer questioned the City Attorney on grounds for denying plat approval. The City Attorney said since the existing phases are not in compliance with the ordinance and conditions of the development agreements that would be the basis for denial. The City Attorney said it is an enforcement issue. The City withhold building permits and use the developer's deposits to correct the situation and that action may take care of the problems. If they deny plat approval the basis would be for non-compliance. Bret Weiss asked if the matter should be tabled or denied. The City Attorney suggested tabling action and sending a letter out regarding the concerns in the development. At the next meeting, if they no progress has been made, the Council would then have some basis on their action to deny the plat. GLEN POSUSTA RESCINDED THE PREVIOUS MOTION AND MOVED TO TABLE APPROVAL OF THE FINAL PLAT OF CARLISLE VILLAGE THIRD ADDITION AND AUTHORIZE A LETTER BEING SENT TO THE DEVELOPER REGARDING THE CONCERNS WITH OTHER PHASES OF THE DEVELOPMENT. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Bret Weiss said they don't know if the developer will bring it back at the next meeting because 0 Council Agenda - 10/24/05 it is already late in the year for curb and gutter to get in. #SP - Appraisal on City owned property: Clint Herbst asked how much it would cost the City to have an appraisal done. Rick Wolfsteller indicated a limited appraisal would be between $200 and $300. Wayne Mayer suggested getting a free market analysis. Rick Wolfsteller indicated that is one option the City could look at and that another option would be to list the property with a realtor. CLINT HERBST MOVED TO AUTHORIZE STAFF TO HAVE A MARKET ANALYSIS DONE AT NO COST. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Public Hearing - Consideration of adoption and certification of delinquent utility accounts. City Administrator, Rick Wolfsteller provided background information on the proposed assessment for delinquent utilities noting that the number of delinquent accounts has been increasing. Mayor Herbst opened the public hearing. There was no one present who spoke for or against the proposed assessment for delinquent utility accounts. Mayor Herbst then closed the public hearing. BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT FOR DELINQUENT UTILITY CHARGES. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Public Hearing - Consideration of adoption and certification of delinquent miscellaneous accounts receivable. Rick Wolfsteller provided background information on the proposed assessment . He indicated that these assessments were for unpaid charges such as mowing on blighted property. Mayor Herbst opened the public hearing on the proposed assessment of delinquent miscellaneous accounts receivable. No one spoke for or against the proposed assessment. Mayor Herbst then closed the public hearing. BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT FOR DELINQUENT MISCELLANEOUS ACCOUNTS RECEIVABLE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 0 Council Agenda - 10/24/05 9. Public Hearing - Continued public hearing on consideration of vacation of Cedar Street right-of-way and vacation of drainage and utility easements in the plat of Monticello Travel Center. The developer is requesting vacation of a portion of the Cedar Street right of way. This vacated right of way would be included in the final plat of Monticello Travel Center 2" d Addition. The portion of right of way being considered for vacation is 4,911 square feet. In addition to the vacation of a portion of the street right of way, it is proposed to vacate the drainage and utility easements as they exist in the plat of the Monticello Travel Center. In this way the new plat can be filed without the encumbrance of the old plat easements. Replacement easements would be included in the final plat of Monticello Travel Center 2"a Addition. The public hearing had been continued so that the vacation matter could be considered with the final plat approval. If the City determines to vacate Cedar Street the Council should establish a price for the right of way. In previous Council discussion on sale of right of way a price of $3.50/sq. ft. was suggested. The present Council needs to determine what price they want to set for the right of way. Charles James, Investors Real Estate Trust stated he built the Tom Thumb property. He stated the property is not being sold to Wendy's or Holiday but is a long term ground lease. He indicated that site plans had been prepared that would accommodate Wendy's and Holiday each on their own lot and did not require a PUD. City staff had requested a common driveway to the south. The net effect of the common driveway was to push the driveway location way to the east. He stated they would be closing the existing driveway on Cedar Street. By providing the common driveway and eliminating one driveway they contributed to the overall benefit of the area. He also addressed the issue of easements. He noted at on the site plan the City would be retaining easements through this entire area. It was an imposition on them to move their existing driveway further to the east and close the existing driveway but it was a benefit to the City. He felt the City should take that into consideration. Clint Herbst stated the vacation of Cedar Street should be contingent on a building permit being issued. He felt this parcel of right of way could be considered as economic incentive. Providing some incentive to the developer should be considered rather than charging the developer $3.50 square foot for the parcel. Glen Posusta added that this project is taking place without any TIF assistance from the City. Glen Posusta would like to see the land sold for less than the price established.. No one else spoke on the proposed vacation. Mayor Herbst then closed the public hearing. There was some discussion on the price. There was $3.50 square foot as discussed by the previous Council and there was also price given of $7,900. Rick Wolfsteller explained that the $7,900 figure was the amount the property would have been assessed for street and utility improvements if it had not been owned by the City. Glen Posusta said in light of the problems with the redevelopment of this site he would like to see the price lowered as kind of a peace 10 Council Agenda - 10/24/05 offering for things the City did to drag this out. Brian Stumpf stated when this first came up he had wanted an appraisal done. He added that when the City is required to purchase land for easements and right-of-way they get an appraisal done. He felt this property was worth something and that $3.50 square foot was a reasonable price. Clint Herbst said he wanted to get the property developed and back on the tax rolls. Tom Perrault agreed with Brian Stumpf that the City should get something for land that was being vacated. Clint Herbst said the City could quibble about a couple of thousand dollars on the sale of the right of way but this was a potential $1,000,00042,000,000 development that could be on the city's tax rolls. The City Attorney stated that the City should establish what is fair market value and after that the Council could adjust that fair market figure based on other factors. At this point it is not an economic development package and the City is only looking at the sale of this site. The Council discussed whether they should vacate the right of way and allow staff to come up with fair market value. Brian Stumpf felt if the Council was going to vacate the right of way now they should decide on a price at this time also. It was stated that regardless of who is buying the land there is still a price tag on it. Glen Posusta said the value of the land is only to the property owners who abut it. Glen Posusta felt City should not haggle over the sale price of the right of way but look at the value this development will add. Clint Herbst said the City could table this so that the City Attorney could come up with the basis for the City making a deviation from their market price. The City Attorney responded if the City is going to lower the price they should have a rationale for lowering and then the City could enter into a purchase agreement. Charles James reiterated his earlier statement that they had ground leases with Wendy's and Holiday and the development could have gone in as originally proposed except that the City required the common driveway. If the City would have had to condemn the land to get the driveway they would have to pay a fair market value for that. He stated he was not unwilling to accept the assessment amount of $7,900. He stated they have spent time and money to locate the driveway as requested by the City where the City wanted it. Wayne Mayer felt the project had been strung out long enough. The City staff s effort to get maximum tax dollar from the developer are sometimes leading them down a long trail. Although he didn't like the idea of giving this land to an individual, he had to question the value of this piece of land to anyone except adjacent property owners. Wayne Mayer didn't have a problem with getting a value established for the land and then coming up with a rationale for lowering it. Tom Perrault felt the City should still get something for the land since the developer needs it for a project just as the City does for a project. Clint Herbst pointed out that the need for this parcel came about because of staff pushing a common driveway. GLEN POSUSTA MOVED TO VACATE CEDAR STREET RIGHT OF WAY AS REQUESTED AND TRANSFER THE LAND TO THE DEVELOPER AT THE PRICE OF $1.00/SQ. FT. THE SAME PRICE AS BEING ADVERTISED FOR THE CITY'S 11 Council Agenda - 10/24/05 INDUSTRIAL LAND. CLINT HERBST SECONDED THE MOTION. In further discussion, Brian Stumpf stated that $1.00/sq. ft. was not enough. Wayne Mayer said even if the $7900 was agreed upon or the $4,900 ($1.00 sq. ft) would the City not let this project proceed. Tom Perrault asked about a time frame on the sale. GLEN POSUSTA AMENDED HIS TO MOTION TO VACATE CEDAR STREET RIGHT OF WAY AND TRANSFER THE LAND TO THE DEVELOPER AT PRICE OF $1.00 /S Q. FT. BY ADDING THAT CONSTRUCTION ON THIS PROJECT STARTS BY JUNE 1, 2006 OR THE RIGHT OF WAY REVERTS BACK TO THE CITY. CLINT HERBST SECONDED THE AMENDED MOTION. The City Attorney suggested a closing date of June 2, 2006 for the sale of the right of way. Charles James stated they cannot record the plat without title to the right of way. GLEN POSUSTA RESCINDED THE PREVIOUS MOTIONS AND MOVED TO VACATE THE CEDAR STREET RIGHT OF WAY AS REQUESTED AND TRANSFER THE LAND TO THE DEVELOPER FOR $1.00/SQ. FT. NO CONDITIONS ATTACHED. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. The City Attorney was directed to draft a purchase agreement. 10. Public Hearing - Continued hearing on appeal of a variance for a secondary driveway in an R-1 zoning district. The City has not heard back from the property owner regarding the survey so staff is requesting that this item be tabled until a future meeting to allow adequate time for a decision to be made on the survey. BRIAN STUMPF MOVED TO CONTINUE THE PUBLIC HEARING ON THE VARIANCE APPEAL TO THE NOVEMBER 14, 2005 MEETING. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Consideration of declaring costs to be assessed and call for a public hearing on the assessment of the Core Street Project No. 2005-1 Bret Weiss said the assessment hearing will be held at the November 14, 2005 meeting. Tonight the Council was being presented with preliminary assessment rolls showing proposed assessments if 20%, 30% or 40% of the project costs were assessed. Since the bonds were issued for this project, it is required that at least 20% of the cost be assessed. When the Core Street Reconstruction Program was initiated a $2,500 rate was set and this amount was to be adjusted annually based on the construction cost index. In this case, however, since bonds were issued, the City was going with 20% of the cost to be assessed. Based on 20% the cost per 12 Council Agenda - 10/24/05 residential unit is $2,967.87. Rick Wolfsteller noted that in other areas of the Core Street program curb and gutter was already in place. The 2005 project area did not have curb and gutter and also required storm sewer improvements. This would normally be an assessment of $5,000-$7,000 if the property owner was paying the full cost. BRIAN STUMPF MOVED TO ADOPT THE RESOLUTION FOR THE 2005 CORE STREET IMPROVEMENT PROJECT DECLARING THE COSTS TO BE ASSESSED BASED ON 20% OF THE PROJECT COSTS BEING ASSESSED AND SETTING THE ASSESSMENT HEARING FOR NOVEMBER 14, 2005. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Clint Herbst stated any other options for assessment such as using last years rate and adjust for the construction cost index be brought back at the next meeting. 12. Consideration of award of bid for Mississippi Drive Parking Lot Improvements, City Project No. 2005-36C. Included with the consent agenda with the recommendation not to award the contract. 13. Consideration of establishing relocation sites for the billboards located on the former AVR site. With the acquisition of the AVR site, the City is required to make a decision on the three billboards located on the site. At least one of the three billboards will be required to be relocated. Jeff O'Neill provided background information on the criteria they used to determine other suitable locations for the signs. The City would have to pay the value of the signs over the lease period to Lamar signs. It is proposed to relocate the signs to city owned property and the City will then collect the revenue from the billboards. Based on the 11 criteria used it was felt that the westerly sign should be relocated to the Fallon Avenue. The easterly sign could be moved to the River Street location. Lamar requested this sign be moved even though the City is not required to do so. The central sign could be moved to Elm Street right of way which is near the freeway. It was reiterated that only one sign must be moved off the property entirely. Clint Herbst noted by relocating the sign you would be encumbering the location it was moved to. There was some discussion on whether a subcommittee should be set up to study sites for the relocation of the other two signs. The moving of the one sign needs to be done shortly. Glen Posusta suggested that wherever the signs are relocated to that adjacent property owners are notified of the sign relocation. Jeff O'NEILL stated if the sign is relocated on Fallon Avenue there is some rezoning required because of St. Henry. Wayne Mayer asked if the location could not be moved to the ballfield i area. Jeff O'Neill stated that the ballfield land is not owned by the City but leased from Xcel �✓ Energy. 13 Council Agenda - 10/24/05 TOM PERRAULT MOVED TO RELOCATE THE ONE SIGN TO THE RIVER STREET LOCATION. CLINT HERBST SECONDED THE MOTION CARRIED UNANIMOUSLY. Ar dod jtvmQ- Park Place Drive: Clint Herbst stated he had received a letter from a resident in the Klein Farms 7th Addition regarding the completion of the work in the development. Bret Weiss indicated that there was a dispute with the contractor about work not being built to the City's design standards. The developer was given the option to replace the work in question, or have a deduct from the contract. There is no longer a letter of credit in effect from the developer. Clint Herbst suggested the Council move forward with having the City complete the work. If the City decides to pursue litigation that could be done at a later time. Bret Weiss stated he wasn't sure if the work could be completed this fall and if not it would be done next spring. GLEN POSUSTA MOVED TO HAVE THE CITY PROCEED WITH THE COMPLETION OF CONSTRUCTION IN THE KLEIN FARMS 7TH ADDITION. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Compost Facility: John Simola had prepared an update on the City's compost facility. Clint Herbst stated he had contacted Commissioner Pat Sawatzke about treating the compost at the County's facility. Pat Sawatzke indicated that he would bring this before the County Board. Pat Sawatzke didn't believe the County would charge for taking the compost material but the City would have to pay the cost of hauling the material out there. Brian Stumpf stated he would like to hold off on making a decision on this until John Simola gets back. Linn and Front Street Erosion: Representative Bruce Anderson had contacted the Mayor and Council about an erosion problem in the area of Linn and Front Street. City Engineer Bruce Westby stated that in September the property owner had contacted the City about the problem. He and Bret Weiss investigated the situation where the property owners back yard is sloughing off into the river. Runoff from the street is contributing to the problem because the driveway apron is sitting low and the runoff from the street enters at this point. WSB is looking at slope stabilization issues and funding possibilities in an effort to come up with a solution. It was noted that the City had experienced some very heavy periods of rain and that there were also springs located in the area. In addition the property owner does not have a concrete basement so there was water in the basement that was seeping out. Wayne Mayer said his concern was that Bruce Anderson felt the storm sewer system was inadequate. Wayne Mayer suggested building up the apron as a possible remedy. Bruce Westby said they would be coming back to the Council with some recommendation. Bruce Westby felt the City needed to look at increasing the capacity of the storm sewer in the area and look at other options for directing water away from the property. Brian Stumpf would like a letter sent to Bruce Anderson so he knows the City acted on this item. Bret Weiss said a recommendation would be made at the November 14, 2005 meeting unless the Council wanted to proceed with something before then. The bank needs to be stabilized and an overflow swale constructed which he estimated would cost between $40,000- $5000. 14 Council Agenda - 10/24/05 Flooding areas - Bruce Westby reported that they had looked at the areas of flooding and the concern was that the building pads were not at the elevation they should be according to the grading plan. He and John Simola will do further review and study on verifying the building pads are at the correct elevation. Deputy Registrar -Glen Posusta stated he would like to investigate the possibility of the Deputy Registrars office relocating to the MCC. It was felt that the government services should be together if possible. Rick Wolfsteller noted that the existing site could be expanded by taking some space from the food shelf/clothing portion. There was some discussion whether the MCC was a suitable site for this type of activity. It was noted that the City does own land across the street at the library site that could house a 4000 square foot building. Brian Stumpf felt there should be some long term planning and noted the possible relocation of the fire hall which would then open up that area. Glen Posusta said he doesn't want to see government grow but he wants to make government more efficient. He felt the existing MCC facility could be better utilized and felt this site should be looked at further. Wayne Mayer agreed that most people do not know where the Deputy Registrar office is located and ordinarily he would like to see government operations in one area. Clint Herbst suggested forming a committee with Wayne Mayer and Glen Posusta on it to look into this further. Liquor Store Sign: Glen Posusta brought up the liquor store sign and asked when that would be replaced. He stated it may be too late to get it done this year but felt it should be put in place next year. Brian Stumpf felt the sign should be left as long as it was in good condition and replace it when it needs to be replaced. Employee Cell Phone Use: Glen Posusta expressed his concern about employees using their cell phones while driving city equipment. The City Attorney noted that there was nothing in the statutes to prohibit them from doing so. Glen Posusta questioned whether there were liability implications for the city if an accident occurred while the employee was on the cell phone. It was suggested if safety concerns were the issue, then a policy could be implement stating that if you are driving a vehicle, you should pull over when using the cell phone. Another option would be to install hands free equipment in city vehicles. Glen Posusta felt it was not so much hands free as lack of attention to driving. Four way stop Cedar Street and School Boulevard - Wayne Mayer asked about any follow up information on the Police Commission's request for a four way stop at the intersection of Cedar Street and School Boulevard. Bret Weiss indicated this was forwarded to the traffic engineer, Chuck Rickart who is looking into it. The feeling is that a signal may be looked at instead of a four way stop sign. The concern is what type of system can be put in place. Bret Weiss will bring this back at the next meeting. Years of Service: Clint Herbst congratulated WSB on their 10 years of service. 14. Consideration of approving bills for October. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS FOR OCTOBER. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 15 15. Adjourn The meeting was adjourned at 9:50 p.m. Recording Secretary 16 Council Agenda - 10/24/05