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City Council Minutes 06-14-19991vIINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, June lit, 1999 Members Present: Roger Belsaas, Clint Herbst, Brian Stumpf, Bruce Thielen Absent: Roger Carlson Mayor Belsaas called the meeting to order and declared a quorum present. The Mayor requested a moment of silence in memory of Rodney Vollbrecht, a Monticello firefighter who was killed in an accident. The Mayor also requested that the flags be flown at half staff through Thursday. 2. A royal of minutes of the re ular meetin held on Mav 24 1999. The minutes of the Nlay 24, 1999 meeting were tabled until the nest meeting. 3. Consideration of addins items to the a enda. The Following items were added to the agenda: 11.1 Building permit -Danner Trucking; 11.2 Library Update and 11.3 Signal changes for emergency vehicles. A discussion of the performance review of this City Administrator was requested to be placed on the agenda for the nest council meeting. 4. Citizen comments/ etitions. re uest and com Taints. Barb Esse from Monticello Community Partners came before the Council to inform them of the resignation of Rita Ullrich as director of the MCP. Advertisements have been placed and it is hoped that the position will be filled by the end of August. In the meantime the office will be open and staffed by two part-time people. Scott Douglas, Fire Chief, indicated that there may be some delay in Fire Department response time because of the traffic conditions in town and the congestion caused by the road construction. He asked if there were steps the Council could take to alleviate the situation. Bruce Thielen stated that it was important for the Fire Department to be informed of the contractor's work schedule for both the T.H. 25 and the CSAH 75 construction projects. There was a brief discussion on utilizing devices to change the pattern of the traffic lights. It was also suggested that the Fire Department place an emergency vehicle on the other side of the freeway. The Council directed the Fire Department to come back with any suggestion they had to improve the situation. 5. Consent agenda. At the request of JefF O'Neill, Items #5H and #SK were removed from the consent agenda. for consideration at the nest council meeting. Items #SD and #SG were pulled from the consent Council Minutes - F/1=1/99 agenda for further discussion. A. Consideration to ado t a resolution indicatin a royal of a modified Redevelopment Plan for Central iVlanticella Redevelopment Project No. 1 and a modified.,TIF Plan for TIF District No. 1-??. Recommendation: Adopt the resolution indicating approval of a modified Redevelopment Plan for Central IVlonticello Redevelopment Project No. 1 and a modified TIF Plan for TIF District No. 1-22. SEE RESOLUTION 99-27 B. Consideration of a resolution a roving Tax Increment Pledge Agreement between the Cit~_and„HRA. Recommendation: Adopt a resolution approving Tax Increment Pledge Agreement by and between the City of Monticello, Minnesota and the Monticello Housing and Redevelopment Authority. SEE RESOLUTION 99-28. C. Consideration of authorization to proceed with acquisition of walkway zasement " through Lots 10 & 11. Block 35 (Broadway to City Parking, Lotsl. Recommendation: Authorize city staff to enter into negotiations for acquisition of a strip of land for tk:e purpose of creating a walkway. Parcel description: West 17 ft. of Lot 10 and East 26 ft. of Lot 11, Block ~~, Original Plat. E. Consideration of requiring developers to finance u~„ front street lighting construction costs far develo ments. Recommendation: Amend current policy and have the developers up front the cost of street lighting effective July 1, 1999. F. Review revised Tans for booster station ro'ect and advertisement for bids Project 98-4C. Recommendation: Approve redesign of the building as outlined below and to authorize advertising for bids based upon that design. Building: 1. The exterior steel siding which was originally placed over the concrete block has been deleted and block has been changed from rock face to burnished block. 2. The size of the overhead door has been reduced and changed from an aluminum panel door to a flush steel door. The exterior service doors have also been changed from panel type to flush steel doors. 3. The building has been dropped an additional foot in height and the elevated glass block windows have been deleted as an option. 4. The building indentation in the pump service room has been removed in favor of a straight wall. S. The amount of lighting in the building has been reduced. 6. The amount of floor drains and interconnecting piping has been reduced. Pumps and Controls 1. The pump and piping package were originally to be assembled in the field. They will now come on a factory built skid as a complete unit. The phase II pump and 2 Council Minutes - 6/14/99 controls will be provided at this time so that the 4,000 gallon high pressure tank extruding through the wall can be deleted- 2. An option will be provided to delete the automatic start for the generator in favor of a manual start, similar to back up power for well #; and the water reservoir. 3. The alarm dialer will be deleted from the project and provided and installed by the City. 4. The electrical service will be redesigned to lower the cost from NSP. Site Improvements: 1. The building will be reduced in size slightly and/or relocated to the south to reduce the impact on the storm sewer system and the pond . (Storm sewer re-work will not be required). 2. The site grading, bituminous work and concrete curb and gutter will be deleted from the project and dare under separate contract with local contractors to save dollars. General: 1. The completion date will be extended to allow additional time for completion of the building yet have the system on line and functional by March 1, 2000. I. Consideration o,f appro„v_ing,a ~ne.(1)„day„liquor license for the Lions club for the Monticello Community Partners Bi Band Bash. Recommendation: Approve issuance of a one day liquor license for this event contingent upon submission of proper liquor liability insurance coverage. J. Consideration of modi wing Riverside Cemetery Policy to include seeding of the craves v the City or its contractor. Recommendation: Approve modifying the existing Riverside Cemetery Policy to include seeding of the graves by the City. The seeding would be done on an individual basis during the summer months and in the spring prior to Memorial Day for all those burials that took place over winter. A MOTION WAS MADE BY CLINT HERBST A~~1D SECONDED BY BRUCE THIELEN TO APPROVE THE CONSENT AGENDA ITEMS #SA, SB, SC, SE, SF, SI, AND SJ. MOTION CARRIED UNANIMOUSLY. 6. onsideration of items removed from the consent a enda for discussion. SD. Consideration of anvroving Chance Order #9-for pool construction relating to delay of Community Center. Clint Herbst questioned how the $90,209.00 figure was arrived. Fred Patch explained that since the project was delayed, the contractor stated that to complete the pool portion on schedule it would require a considerable amount of overtime which is covered in the $90,209.00. Also included in that figure are cost increases from the material suppliers. Clint Herbst asked about what kind of Council Minutes - 6/1/99 documentation would be required to verify the overtime hours. The Council suggested that the staff go back to the contractor and determine what the consequences would be if the chance order was not approved. A MOTION WA5 ti1ADE BY BRIAN STUivIPF AND SECONDED BY CLINT HERBST TO TABLE ACTION ON CHANGE ORDER NO. 9 RELATING TO THE POOL CONSTRUCTION FOR THE COMy1UNITY CENTER UNTIL THE NEXT COUNCIL IVIEETNG PENDING ADDITIONAL INFORMATION. MOTION CARRIED WITH BRUCE THIELEN VOTING IN OPPOSITION. SG. Consideration of adoption of City/Hospital District development agreement relatin7 to Planned Unit Develo ment and CSAH 75 reconstruction. A draft of an agreement between the City and the Hospital District had been submitted to the Council as part of the agenda. It was the recommendation of Dennis Dalen, City Attorney, not to approve the agreement at this time. The agreement contains the provision that upon execution of the agreement the City would pass a resolution vacating Hart Boulevard. If Hart Boulevard is vacated and CSAH 75 closed because of construction the City would have no alternate route. The issue of using Hart Boulevard as a by-pass was not approved by the Hospital District according to their legal counsel. The agreement is proposed to expire in three years or upon completion of construction. It is anticipated by the City that use of Hart Boulevard as a by-pass would be approximately three days. However, the City could not Quarantee that would be the limit of its use. According to the City Engineer, the by-pass is needed in order to open cut CSAH 75 for the utility crossings. The open cut method was selected over trenching of the utility lines because of the cost savings of approximately $50,000 to $60,000. However, open cutting requires that the road be closed while the construction takes place. The City Engineer reviewed the detour signing that was being proposed and it was noted that the speed limit in the detour zone was being set at 20 mph. In addition, flagmen would be present during peak traffic periods. While it is anticipated that the utility crossings would only take three days, the City cannot guarantee that would be the case. It was suggested that there be signage on the freeway as well that would direct traffic Cowards the second exit. Barb Schwientek from the Hospital District carne before the Council and expressed her concern that the Hospital District did not hear about using Hart Boulevard as a by-pass until late last week even though the Hospital District was part of the CSAH 75 Task Force. She pointed out that because of its narrowness Hart Boulevard would not be conducive to good traffic flow and she also questioned if there would be any liability to the Hospital District as a result of Hart Boulevard being used as by-pass. Lastly she stated that this proposal would set the hospital back at least a month on their construction project. The City Engineer indicated that construction on CSAH 75 would 4 Council Minutes - 5/l~/99 probably begin in July and that one of the first items for construction would be the open cutting of the utility crossings. The hospital timetable for their construction was to have the water main construction done this week and to start on the parking lot next week. Barb Schwientek felt this issue could be resolved but she stated that it was unfortunate that this issue came up so late in the process. She did want to take the information presented at the meeting back to the Hospital Board. Dennis Dalen also noted that some of the attachments referred to in the agreement had not been received. A MOTION WS tiIADE BY BRUCE THIELEN A1~1D SECONDED BY CUNT HERBST TO APPROVE THE DEVELOPMENT AGREEMENT SUBJECT TO THE ATTACHMENTS BEING RECEIVED FROM THE HOSPITAL DISTRICT ATTORNEY A~~ID THE HOSPITAL BOARD RECEIVING 1NFOR~VIATION REGARDING SIGNAGE FOR THE PROJECT. 1VIOTION CARRIED UNANIMOUSLY. 7. Public hearin -Consideration of vacatin center island onion of River Forest Drive. It is proposed to vacate a portion of the right-of--way for River Forest Drive to allow for the construction of a center island sign with appropriate landscaping. The vacated portion of right-of--way will be included in the plat of River Forest 2"d Addition. The center island and landscaping will be maintained by the association. Mayor Belsaas opened the public hearing. No one was present to speak for or against the proposed street vacation. Mayor Belsaas closed the public hearing. A MOTION WAS 1~IADE BY CUNT HERBST AND SECONDED BY BRIr11~1 STUNIPF TO APPROVE THE VACATION OF THE CENTER ISLAND PORTION OF THE RIGHT- OF-WAY OF RIVER FOREST DRIVE SUBJECT TO THE COMPLETION OF THE PLATTING PROCESS FOR PHASE TWO OF THE RIVER FOREST DEVELOPMENT. MOTION CARRIED UNANIMOUSLY. 8. Considerati n to act upon a recommendaton_to actively pursue the acquisition of property for industrial development and to_authorize city, staff to begin ~renaraton to acquire. Ollie Koropchak explained the request for Council direction on the acquisition of the two parcels of land. Mayor Belsaas indicated that there is concern whether there is adequate amount of land available for large site industrial users. The interest has been in parcels ranging in size from 20-100 acres. A MOTION WAS MADE BY BRIAN STUIVIPF AND SECONDED BY CUNT HERBST TO ACTIVELY PURSUE THE ACQUISITION OF THE GOEMAN/CHADWICK PROPERTIES FOR INDUSTRIAL DEVELOPMENT AND TO AUTHORIZE CITY STAFF TO BEGIN PREPARATION TO ACQUIRE. MOTION CARRIED UNANIMOUSLY. 5 Council Minutes - 6/14/99 9. Consideration of contract amendment with HDR for construction ~ngneerine for Project #93-14C. Monticello Wastewater Treatment Facili Ex ansion. John Simola summarized the negotiations with HDR on the engineering contract for the wastewater treatment plant. It is proposed to increase HDR's compensation by $;0;,000.00 and to allow a time extension to July 31, 1999 to complete the engineering work and as-bunts. Of the $303,000.00 a discount of $156,072.00 is being given to the City for items the City felt were the engineer's responsibility so the net increase to the contract was $146.92$.00. A N10TION W~~S MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUNIPF TO APPROVE THE ENGINEERING CONTRACT A1~IENDNIENT AS PRESENTED WHICH WOULD PAY HDR AN ADDITIONAL $30;.000.00 BUT RETURl~1 $156,072.00 TO THE CITY MAKING A NET INCREASE IN THE CONTRACT OF $146,928.00. iVIOTION CARRIED UNANIMOUSLY. 10. Discuss concepts for providing municipal sewer and water service to„the N(onte_ Club associated with ro osed ex ansion. The request for sewer service to the existing IVlonte Club site and proposed hotel expansion was discussed. The property lies outside the city limits and does not meet the criteria for annexation under the OAA The City has in place a policy that property outside the city limits receiving utility service would be charged three times the rate for connection fees and three times the rate for user fees. The connection fees for the restaurant and hotel under this policy would be $577,500.00 as compared to $192,500.00 if the property was in the city limits. City Administrator, Rick Wolfsteller indicated that were other items to consider as well such as the location of the connection point and whether the pipe is sized appropriately for the expansion. He also pointed out that the cost figures did not include the cost of running the line to the site. Utilizing the current policy would be prohibitive and would not make expansion feasible nor could the expansion take place with present on-site system. The property owners were asking if the City would consider an exemption from this policy. A MOTION WAS 1~IADE BY CUNT HERBST Ai~iD SECONDED BY BRIAN STUNIPF TO CONSIDER Alert EXEivIPTION FROM THE POLICY FOR THE MONTE CLUB UNDER THE FOLLOWING CONDITIONS: A. The normal hookup fees for the expansion project estimated at 5245,740.00 be paid up front at time of hookup. 13. An agreement be established requiring a payment in lieu of property taxes annually equal to the City's tax capacity rate times the Monte Club's property valuation until such tune as annexation actually occurs. C. Property owners agree to waive their rights to challenge any fee or charges for improvements that would normally be assessable to parcels within the City. D. Property owners agree to petition for annexation as soon as the property meet eligibility requirements as established by the MOAA. MOTION CARRIED UNANIMOUSLY. 6 Council yiinutes - 6/14/99 11. Consideration of award of contract to Buffalo Bituminc~.us for T„H. 2~ Project 96-OTC. without com letion of the coo erative fundin a reement with ~In/DOT. At the present time Buffalo Bituminous is performing work on T.H. 2~ without a contract nor does the City have a cooperative agreement with i~In/DOT regarding this project. City staff met with tifn/DOT representatives in St. Cloud regarding the project. There are some items to be resolved before a cooperative agreement can be entered into which include ponding area and right-of--way issues. Without a cooperative agreement the City does not receive funding from the state for the project. The cost of the project has escalated from 52.000,000 to $x,000,000 which was also a concern. Ron Bray of W SB expressed his disappointment that they were not asked to attend the meeting with the Ivln/DOT representatives. He explained that this project was planned to bo in last year. Final plans were submitted to tiIn/DOT in July of 1998 and Mn/DOT indicated that they were in agreement with the plans submitted. Cost sharing issues had been worked out but there were some right-of-way issues that were unresolved. WSB had contacted tiIn/DOT about proceeding with bidding of the project and 1~In/DOT indicated that the City should proceed. The indication was that a cooperative agreement would be ready for the June 14`h meeting. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAl~1 STUI~IPF TO AWARD A CONTR-ACT TO BUFFALO BITUMINOUS FOR PROJECT 96-04C BASED UPON THEIR LOW BID OF 5,448,000 WITHOUT THE COOPER=~TIVE FUNDING AGREEMENT IN PLACE BUT TO GIVE IMMEDIATE DIRECTION TO OUR ENGNEER. RIGHT-OF-WAY PEOPLE AMID CITY ATTORNEY TO TAKE CARE OF THE LOOSE ENDS AS SOON AS POSSIBLE SO THAT THE CITY CAN COMPLETE THE FUNDING AGREEMENT AND START RECEIVING PAYMENTS FOR THE CONSTRUCTION COSTS. MOTION CARRIED UNA~iIMOUSLY. 11.1 Danner Truckin - Building Permit The question of the trunk storm sewer fees included with the building permit came into question as well as the requirements for a landscaping bond. The storm sewer fees were based on the existing site of .68 acres and the addition of approximately 1.33 acres due the vacation of Cedar Street and the reconfiguration of adjacent property. The trunk storm sewer fees came to $6,834.87. These fees can be assessed or collected with the building permit. There was also discussion on what was considered pervious area and how the staff determined that the property was fully developed and should be charged based on total area. There is a development contract dated January 12, 1998 for an interim use permit. It was suggested that the assessment matter be incorporated into this agreement. Ron Bray from WSB indicated that this storm assessment could be done as part of the T.H. 25 project under Ylinnesota State Statute 429. The possibility of setting up a deferred assessment was also discussed. Typically deferred assessments accrue interest and would be adjusted based on the same factors used on the trunk storm sewer fee. At the time the property was sold the deferred assessment would show up on any ritle work 7 r~ Council ivlinutes - 6/l~/99 A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO REMOVE THE TRU~iK STOR.I~I SEWER FEES FROiv1 THE BUILDING PERMIT FOR DANNER TRUCKING WITH ~0% OF THE FEE TO BE ASSESSED FOR A TER~VI OF EITHER FIVE OR TEN YEARS AND THE REb1AINING 70% OF THE FEES TO BE INCORPORATED WITH THE DEVELOPER'S AGREEMENT FOR THE INTERIiYI USE PERMIT AND HELD UN"TIL SUCH TI1~IE AS THE PROFERTY I5 SOLD. MOTION CARRIED UNANIMOUSLY. 11.2 Library Update. Bruce Thielen updated the Council on the Library Board meeting held on June 1-~`'' and reviewed the information submitted on the library repairs. f 11.3 Signal Changes. There was discussion on changing the signal light patterns to allow traffic to keep moving. There is a need for this so that emergency vehicles can get through traffic to the scene of the accident. Roger Belsaas suggested the City Administrator meet with the Sheriff s Department, Scott Douglas, Fire Chief, and Mn/DOT on this matter. Ron Bray from WSB indicated that there are Emergency Vehicle Preemption units that could be utilized. These can be activated from the emergency vehicle or from the fire hall and by the time the emergency vehicle reached the intersection traffic would be cleared. Ron Bray noted that they are working with Mn/DOT on the signals as part of the T.H_ 2S project. There was also suggestion of placing a permanent four-way stop on Walnut and 6`" Street. Clint Herbst suggested placing a temporary four-way stop at this location for the duration of construction and afrer completion of construction evaluate whether to make the four-way stop a permanent one. Ron Bray was directed to write Vin/DOT emphasizing the importance of getting the lights on T.H. 25 timed. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO APPROVE THE BILLS FOR THE FIRST HALF OF JUNE, 1999 AS PRESENTED. MOTION CARRIED UNANIMOUSLY. The meeting was adjourned by lviayor Belsaas at 9:05. ,Jo..~.~7-r. .~J..~.~ s Dawn Grossinger Recording Secretary 8