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City Council Minutes 06-10-1991MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, June 10, 1991 - 7:00 p.m. Members Present: Shirley Anderson, Dan Blonigen, Clint Herbst, Brad Fyle, Ken Maus Members Absent: None 2. Approval of minutes. After discussion, a motion was made by Shirley Anderson and seconded by Brad Fyle to approve the minutes of the regular meeting held May 28, 1991. Motion carried unanimously. 3. Citizens comments/petitions, requests, and complaints. Jim Jones and Steve Lindberg, residents of 331 East Third Street, submitted a petition signed by 25 residents of the neighborhood noting concerns over the neglect and deterioration of property located at 331 East Third Street in Monticello. The petition requested that the City use whatever authority it has to handle the matter in the appropriate way. Administrator Wolfsteller noted that the City is considering adopting an ordinance which would provide for the licensing of rental properties. Under this ordinance, the City would have the authority to withhold a license to operate an apartment building if basic health and safety and other building code violations are not corrected. It was the consensus of Council to direct staff to research the problem further and determine to what extent the City has authority to act to resolve the problems noted by the residents. 4. Public hearing and consideration of approving a resolution for modification of Redevelopment Project Plan for Tax Increment Finance District Plans No. 1-1 through 1-11 and for establishment of Tax Increment Finance District 1-12 and adoption of the Tax Increment Plan relating thereto. The public hearing was opened by Mayor Maus, at which time 011ie Koropchak reviewed the tax increment financing plan associated with the development of the Aroplax Corporation development site. Koropchak noted that Aroplax is a plastic injection molding, tooling, and engineering company that has been in business for 40 years. The Aroplax development calls for construction of a 22,400 sq ft concrete facility in Oakwood Industrial Park. Approximately 20 jobs will be created, which will consist of both high and medium skilled Page 1 Council Minutes - 6/10/91 workers. Salaries for the workers will range from $6 o per hour. There being no comments, the p g was closed. A motion was made by Shirley Anderson andTIF conded bor Brad TIF Fyle to adopt a resolution modifying the plans District Nos. 1-1 through 1-12 and establishing TIF District 1-12 and adopt the TIF plan relating to the Aroplax development. Motion carried unanimously. SEE RESOLUTION 91-15. 5. Consideration of a preliminary plat request of Outlot I, Meadow Oak subdivision, to be entitled Briar Oakes Estate. Applicant, Prestige Builders of St. Cloud. Assistant Administrator O'Neill noted that on June 61 1991, the Planning Commission conducted a public hearing, reviewed the preliminary plat, and recommended Council approval of the plat subject to a number of conditions. O'Neill went on to note that the plat is consistent with the City ordinance in terms of lot configuration, park and trail development, and street system development. O'Neill recommended that Council approve the preliminary plat but withhold final plat approval pending completion of certain tasks. City Engineer, Bret Weiss, reviewed the feasibility study for installation of sewer, water, streets, and storm sewer systems. As part of his review, he outlined problems associated with the inability of the City to outlet water to ditch 33. Ken Maus reviewed action taken by the City in the early 1980's to block the outlet of water from the Meadow Oak development to ditch 33. Maus reported that the Meadow Oak development storm drainage system was designed to outlet the same amount of water as was outlet from the area prior to development. He went on to note that we need to work with the county on possible improvement of ditch 33 or possibly create our own outlet to the river and develop an assessment plan to pay for it. After discussion, a motion was made by Brad Fyle and seconded by Shirley Anderson to approve the preliminary plat of Briar Oakes Estate and table final plat approval until such time that the following actions are taken: 1. City Engineer approval of the drainage plan. Page 2 Council Minutes - 6/10/91 2. Army Corps of Engineers' approval of grading and drainage plan. 3. Eliminate the block overlap that shows the same block in two separate phases of construction. 4. Preparation of a separate document identifying walkway easement areas. 5. Restrictive covenants must be signed and recorded with the final plat. 6. Signing of the final plat is subject to execution of development agreement. 6. Consideration of rezoning request to rezone Outlot I, Meadow Oak subdivision, from R -PUD to R-1 zone. Applicant, Prestige Builders of St. Cloud. Assistant Administrator, Jeff O'Neill, recommended that this item be tabled until the final plat of Briar Oakes Estate is ready for consideration by Council. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to table consideration of the rezoning request to rezone Outlot I, Meadow Oak subdivision, from R -PUD to R-1 zone. Motion carried unanimously. 7. Consideration of resolution accepting petition ordering feasibility report, accepting feasibility report, calling for a public hearing, and ordering plans and specifications for Project 91-2 (Briar Oakes Estate). Assistant Administrator O'Neill asked Council to consider passing a resolution which would initiate the process of installing public improvements associated with Briar Oakes Estate development. Kevin Schmitz of Prestige Builders was present to review the feasibility study with the City Engineer and Council. After discussion, a motion was made by Shirley Anderson and seconded by Dan Blonigen to approve the resolution accepting the petition, ordering the feasibility report, accepting the feasibility report, calling for a public hearing, and ordering plans and specifications contingent on delivery of a $20,000 plan preparation deposit by Prestige Builders to the City of Monticello. Motion carried unanimously. SEE RESOLUTION 91-16. Page 3 Council Minutes - 6/10/91 8. Consideration of approval of development agreement governing city/developer installed improvements --Briar Oakes Estate Phase I. Assistant Administrator O'Neill reviewed the proposed development agreement governing city/developer installed improvements for the Briar Oakes Estate phase I development. After discussion, it was the consensus of Council to table this matter until such time that the final plat is prepared and ready for approval. Various aspects of the development agreement were discussed. O'Neill reviewed the arrangement for providing the City with the financial security guaranteeing that the assessments will be paid. O'Neill noted that the development agreement requires that the developer post an irrevocable letter of credit in the amount of 40% of the project cost. In addition, the developer will agree to pay 1.5 times the cost per lot to pay off the assessment for each lot that is sold. O'Neill noted that under this formula, the unsecured portion of the assessment debt will be paid after 11 of the 28 lots are sold. It was the consensus of Council that the arrangement guaranteeing payment of assessments as outlined in the agreement is adequate. 9. Consideration of declaring the City of Monticello as the responsible governing unit accepting environmental assessment worksheet and ordering publication of the EAW associated with the proposed Cardinal Hills residential subdivision. Having reviewed the EAW submitted by OSM and after discussion, a motion was made by Shirley Anderson and seconded by Brad Fyle to declare the City of Monticello as the responsible governing unit, accept the EAW, and order the EAW publication associated with the Cardinal Hills residential subdivision. Motion carried unanimously. 10. Consideration of resolution accepting feasibility report, calling for a public hearing on improvements, and ordering plans and specifications for Project 91-31 Fallon Avenue and Cardinal Hills. Assistant Administrator O'Neill requested that the City Council consider adopting a resolution which would initiate the sewer and water utilities installation process for utilities to be installed along Fallon Avenue. The resolution would also include initiation of installation of utilities associated with phase I of the Cardinal Hills residential Page 4 Council Minutes - 6/10/91 subdivision. O'Neill noted that the developers of the Cardinal Hills subdivision are willing to deposit the funds necessary to prepare plans and specifications. O'Neill went on to note that developing plans and specifications associated with phase I of Cardinal Hills does have some degree of risk for the developers, as the preliminary plat and final plat are not approved at this time, and the development agreement is not in place. Despite the risk of development of plans that might not be entirely used, the developers are willing to go ahead with plan preparation and provide the City with the financial security in the form of a letter of credit. The letter of credit can be drawn down by the City to pay for plan preparation in the event the project does not proceed. After discussion, a motion was made by Shirley Anderson and seconded by Brad Fyle to approve a resolution accepting the feasibility report, calling for a public hearing, and ordering plans and specifications for Project 91-31 Fallon Avenue and Cardinal Hills, subject to submittal of a letter of credit to the City by Value Plus developers in the amount of $20,000. Motion carried unanimously. SEE RESOLUTION 91-17. 11. Consideration of adopting a resolution requesting the City of Monticello to hold Lots 1, 2, 3, 41 5 , and 6, Block 1, Oakwood Industrial Park Second Addition, for the H -Window Company. Economic Development Director, 011ie Koropchak, noted that the H -Window Company sees the next 1 to 1-1/2 years as their growth period, which will be the major determinant in a decision on whether or not to expand in Monticello. If they do expand in Monticello, the company's potential size would double, and the facility would require purchasing an additional $500,000 to $1,000,000 worth of equipment. Total employment would amount to 50-60 people. Koropchak noted that in order to expand, the H -Window Company needs to have available to it Lots 1, 2, 3, 4, 5, and 6, Block 1, Oakwood Industrial Park Second Addition. Presently this land is owned by the City. The H -Window Company requests that the City keep this land available for potential use by the H -Window Company. Ken Maus noted that the lots that the City would be holding have been for sale for some time and have not generated any real interest by potential industrial prospects; therefore, the City has little to lose by keeping the entire area available for the H -Window Company. Page 5 Council Minutes - 6/10/91 Dan Blonigen agreed that it makes sense to keep the lots available for the H -Window Company in the event they need to expand. There is little potential for loss and a good chance that all lots could be purchased by the H -Window Company at such time that they elect to expand. A motion was made by Shirley Anderson and seconded by Dan Blonigen to adopt a resolution holding Lots 1, 21 31 41 5, and 6, Block 1, Oakwood Industrial Park Second Addition, for the H -Window Company for a period through December 1992. Motion carried unanimously. SEE RESOLUTION 91-18. 12. Consideration of an offer to exchange land in lieu of the delinquent assessments--Outlot A of Country Club Manor. Administrator Wolfsteller reviewed previous Council action on this matter and outlined a new proposal which called for exchanging land in lieu of delinquent assessments. Wolfsteller noted that the partnership owns 2-1/2 acres along County Road 75 between the Gille Auto Sales lot and the Pinewood Playground area. They are proposing to trade the 2-1/2 acres they own to the City in exchange for approximately 10 acres of Outlot A property, with the City retaining approximately 6 acres of Outlot A for future storm ponding needs. In return, they are requesting that all assessments be waived, they be allowed to keep the existing signs located on the property, and they be immune from any sewer and water hookup charges and immune from future storm sewer assessments. As part of the exchange, they would have no plans to change the zoning, which is currently R-3. Future development would limit access to the future collector road. Dan Blonigen noted that he did not see that there was any benefit to the City, and he suggested that negotiations be terminated. It was his view that once the City obtains the property through the tax delinquency process, things will fall into place. Ken Maus noted that it may be true that the City will ultimately obtain this property; however, we will still have to sell it at that time, which means we will be in the same position one year down the road. Brad Fyle noted that he was against the land swap. He would prefer looking at a reduced assessment rather than an exchange of land in lieu of cash. Page 6 Council Minutes - 6/10/91 Brad Larson was in attendance and noted that a storm water pond could be created in the area with this proposal. The proposal provides a potential for assisting with the redevelopment of the Gille property. After discussion, it was the general consensus of Council to take the following action prior to making a decision: 1. Obtain Housing and Redevelopment Authority reaction to the overall proposal and determine to what extent it is important that the City obtain the West Prairie Partnership property next to the Gille property. 2. Determine how valuable the storm water ponding area at this location is to the City. 3. Determine what assistance from the state is available to help determine the extent of pollution at the Gille property and to help finance cleanup activities. 13. Review current status regarding delinquent utility accounts and payment policy. Administrator Wolfsteller reported that with utilization of the computer system, the City now has greater ability to monitor the status of delinquent sewer and water accounts and has established a policy of sending reminder notices to delinquent accounts on a pre -determined schedule. Administrator Wolfsteller noted that at least 75 accounts are delinquent, all of which have received warning notices that their water could be shut off if they do not pay their sewer and water bill. Wolfsteller went on to request Council to consider development of a policy regarding partial payment of utility accounts. Ken Maus noted that if the City is going to be shutting off water, it would make sense to shut off water to those accounts that have been delinquent for the longest period of time. After discussion, it was the consensus of Council to begin shutting off water to the 75 delinquent accounts. It was the consensus of Council to require individuals that have a problem in paying their utility bill to come before Council to explain the situation. In addition, an alternative plan for making partial payments of delinquent utility accounts was also reviewed and approved by consensus. Page 7 Council Minutes - 6/10/91 14. Consideration of re -bids for emergency generator for water and sewer collection department. John Simola reported that at the last meeting the City Council reviewed bids for the purchase of a portable trailer -mounted 125 kW generator to be used for powering well #3 or two booster pumps at the reservoir and various lift stations. Two bids were received, one from Catepillar in the amount of $42,759 and one from Cummins Diesel in the amount of $41,876. The budget for this item was estimated at $35,000. Simola reported that the re -bids did come in on Monday and that the low bid is less than the low bid associated with the original bidding process. Low bid was submitted by Flaherty Equipment Corporation at $33,925. Dan Blonigen requested that the City scrutinize the bid submitted by the low bidder to make sure that the bid is in compliance with specifications. After discussion, a motion was made by Brad Fyle and seconded by Clint Herbst to purchase the 125 kW portable powered generator from Flaherty Equipment Corporation in the amount of $33,925 subject to the bid being in compliance with the bid specifications. Motion carried unanimously. 15. Consideration of ordering signal justification study for the intersection of County State Aid Highway East 75, 39, and 118. John Simola reported that the County Board acted to direct the county engineer to sign a signal justification study and forward it to the state aid office in St. Paul for review subject to the following conditions. The f irst condition is that the City take the lead and use its engineer to put together the signal justification study. This study puts together all the available information regarding the intersection and forms a rationale justifying that a signal is needed at this location. Since this particular intersection has not met the state aid warrants due to traffic volumes, the county does not wish to take the risk that the signal justification study will be denied by the office of state aid. Therefore, they requested that the City conduct the study. Simola reported that the cost to do the study would be $2,950. If the signal justification study is successful, this would be considered as part of the overall fee for engineering on the project. In addition, there appear to be enough indications that the signal justification study will be successful. If it is not, Page 8 Council Minutes - 6/10/91 a portion of the background work and much of it could be utilized during the next justification study. Finally, Simola went on to recommend that the City go ahead and direct the City Engineer to complete the study. There have been too many close calls at the intersection to wait any longer for the county to move on the signal; therefore, Simola recommended that this justification study be authorized. After discussion, a motion was made by Brad Fyle and seconded by Shirley Anderson to authorize the study. Motion carried unanimously. 16. Consideration of approving gambling license renewal --VFW Club. The City Council reviewed the application and took no action to deny the renewal; therefore, the application is approved. 17. Consideration of approving gambling license renewal --American Legion Club. The City Council reviewed the application and took no action to deny the renewal; therefore, the application is approved. 18. Consideration of appointing a fifth individual to the parks commission. Assistant Administrator O'Neill reminded Council that a vacancy remains on the parks commission. Roger Carlson has stepped forward to volunteer to fill the remaining vacant position on the parks commission. He went on to review Carlson's background as outlined in his application. A motion was made by Shirley Anderson and seconded by Brad Fyle to appoint Roger Carlson to the parks commission. Motion carried unanimously. There being no further discussion, the meeting was adjourned. Go�e II/L — 1 ef y'O' Nei 11 Assistant Administrator Page 9