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City Council Minutes 11-22-1999MINUTES REG[1LAR MEETING - MONTICELLO CITY COUNCIL Monday, November 22, 1999 - 7 p.m. Members Present: Roger Carlson, Clint Herbst, Brian Stumpf anal Bruce Thielen. Members Absent: Roger Belsaas Acting Mayor Clint Ilerbst called the meeting to order at 7 p.m. and declared a quorum present. 2A. Approval of minutes of the special meeting held November_$, 1999. BRt1CE TI-IIELEN MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 8, 1999 SPECIAL MEETING AS PRESENTED. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. A royal of the minutes of the re ular meetin held November $ 1999. BRUCE THIELEN MOVED TO APPROVE THF., MINUTES OF THE NOVEMBER $, ] 999 REGtJLAR MEETING AS PRESENTED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED LINANIMUUSL,Y. 2C. Sumraaary of closed meeting held November 8, 1999. The City Council met in closed session November 8, 1999 with George Hoff and Kim Kozar, legal counsel for the City. The Council was briefed on the two lawsuits the City is currently involved in. Courses of action were reviewed and discussed. 3. Consideration of adding items to the agenda. Brian Stumpf requested that Item #10 (Stop signs at 4~" and Walnut) be included on the consent agenda. .ieff O'Neill asked that Item #12 (Extension of utilities to Community Methodist Church) alsa be included on the consent agenda. Clint Herbst asked that Ollie Koropchak provide some clarification on tax increment financing appearing as a line item on a tax statement. BRUCE TI-IIELEN MOVED TO ADD ITEMS #I O AND #12 TO THE CONSENT AGENDA AS ITEMS SE AND SF. ROGER CARLSON SECUNDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4. Citizens comments/petitions, requests and complaints. None Council Minutes - 11/22/99 5. Consent Agenda A. Consideration of approving request for charitable gambling license -Knights of Columbus River City Lanes. Recommendation: Adopt resolution approving charitable gambling license for February 20, 2000. RES. N0.99-67. B. Consideration of Change Orders #9-#1 ] on TH 25 Project No. 96-04C. Recommendation: Approve Change Orders #9-#11 for TH 25 Project Na. 96-04C in the amount of $112,387.94. C. Consideration of Change Order #1 on the SE Booster Station Project No. 98-24C. Recommendation: Approve Change Order #1 for the SE Booster Station Project No. 98-24C in the amount of $4,814. D. Consideration of ordinance amendment modifying Planning Commission campensation. Recommendation: Approve an ordinance amendment modifying Planning Commission compensation to specify that Planning Commission members who attend special meetings requested by applicants who pay a special meeting fee to be compensated at the rate of $50/month and the that the fee for special meetings shall be increased to $350 to cover the additional cost. ORD. AMD. NO. 336 E Review of 4-way stop at the intersection of 6`'' Street West and Walnut Street. Recommendation: Lleave the stap signs on Walnut Street and 6`" Street West but replace them with larger permanent stop signs. F. Consideration of accepting petition and waiver of public hearing rcguirement and authorizing completion of the project -Extension of waterline to Community Methodist Church. Recommendation: Accept the petition, approve plans and specifications and authorize completion of the watermain extension. RES. NO.99-69 BRUCE THIELEN MOVED TO APPROVE THE CONSENT AGENDA WITH THE ADDITION OF I'I"EMS SE AND SF. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent a enda for discussion. Nane 2 Council Minutes - 11 /22/99 7. Public hearin - Ac uisition and construction of storm sewer im rovements -Hart Boulevard Storm Drainage District. The purpose of the public hearing was to consider the acquisition of land for and the construction of a retention pond within the Hart Boulevard drainage district. The storm sewer study for this area was done several years ago and several improvement projects have been done within the storm drainage district including the storm sewer line between the clinic and Mississippi shares and storm sewer improvements done as part of the CSAH 75 Improvement Project. Construction of this retention pond will mark the completion of the major components of the storm drainage system for the Hart Boulevard drainage district. The City will, in the near future, assess those benefitting properties far the cost of these improvements. Bret Weiss, City Engineer, reviewed the boundaries of the drainage district and the location of the proposed retention pond which lies east of the Monticello Middy School. The pond shape may be adjusted to work around existing trees and the City is still working with school on the pond contour. It was noted that a portion of the pond will be a "wet pond" retaining water at all times and the balance of the pond capacity would be for water storage. The pond depth would be from 2' up to 4' at its deepest point. The difference in pond levels would allow for different types of vegetation and wildlife which would enhance the pond's value as a natural habitat study area. John Sirnola, Public Works Director, asked how the interceptor sewer line and manholes would be affected. Bret Weiss indicated that this would be incorporated into the final design for the project. The engineer explained that the proposed project cost is $133,000 and the affected drainage area is made up of 544 acres which works out to a cost of $.14/sq. ft. far the properties involved. Bret Weiss explained that under the City"s storan sewer policy only developed area will he assessed for the improvements. Trunk charges will be imposed on undeveloped land at the time the property develops. Acting Mayor Clint Herbst opened the public hearing. Eric Bondhus asked what would be the impact if the retention pond was not constructed? Bret Weiss stated that in doing the study the improvements were designed with the ultimate development of the area in mind. Without this retention pond which is 23 acre feet, tlae City would have to have bigger outlet pipes than the 36" pipe that is currently in place. However, regulations governing storm water runoff dictate the rate of discharge which requires that storm water be held a certain length of time so that the rate of discharge can be controlled. The City must control the rate of flow as well as the volume of flow. "tom Holthaus questioned the retention pond and the area it serviced. He felt that areas upstream that had retention ponds tlaat held the runoff from that area would not receive any benefit from the construction of this retention pond. Bret Weiss explained that many of the properties that drain into this area da not have retention ponds and currently the ditches, especially in the industrial park, are used for water storage. The industrial park is not fully developed at this time and as it develops the need for these improvements will be greater. Eric Bondhus asked if the storm sewer pipe in the industrial park is adequately sized. The City Engineer indicated that Council Minutes - 11/22/99 the pipe may have to be upgraded. Dan Goeman asked about a particular area and whether that was proposed to be assessed. Bret Weiss indicated that it would be assessed. Acting Mayor Clint Herbst then closed the public hearing. BRl1CE THiELEN MOVED TO AUTHORIZE ACQUISITION OF THE POND AREA AND APPROVE PLANS FOR THE CONSTRUCTION OF THE STORM SEWER IMPROVEMENTS FOR THE HART BOULEVARD STORM DRAINAGE DISTRICT CONTINGENT ON APPROVAL OF THE POND GRADING PLAN BY THE SCHOOL DISTRICT. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Consideration of an offer for urchase of Senior Citizens Buildin . The Council reviewed the proposal from Dennis Anderson to purchase the Senior Citizens Building. The offer was for $120,000 under a contract for deed with the building proposed to be used for offices. The City had appraisals done on the property and one of the concerns of the Council was that $120,000 offer was below the asking price and approximately $40,000 lower than the lowest appraised value. The available parking far the site was also brought up. Since the parking is limited, the proposed use of the building should be such that it would not generate more traffic than its current use. 'I"he Council also questioned the contract for deed and felt that the City should not be providing the financing for the sale of this property. Dennis Anderson stated that he would be willing to add $10,000 to his offer making it $130,000 and he noted that the Council should not only look at what they were getting for the property but what the City would ultimately end up with on the site. He stated he would be willing to draft a written guarantee of the work that is to be done. Rick Wolfsteller added that the City Attorney had suggested that the City could possibly consider some type of development agreement. The Council briefly discussed these options. BRIAN STtJMPh MOVED TO ACCEPT THE COUNTER OFFER FOR THE SENIOR CITIZEN BUILDING FROM DENNIS ANDERSON OF $130,000 WITH NO CONTRACT I'OR DEED WITH ANY PROPOSED AGREEMENT ON THE DEVELOPMENT OF THE PROPERTY REVIEWED BY THE STAFF AND SINCE "hl~E PROPERTY LIES WITHIN THE CCD DISTRICT ALSO REVIEWED BY THE DESIGN ADVISORY 'T'EAM. ROGER CARLSON SECONDED Tl-IE MOTION. MOTION CARRIED W1TI~ BRUCE THIELEN VOTING OPPOSITION. 4 9. Consideration of request to modify terms of option contract -Lake Tool. Rick Wolfstcller explained the option agreement that was originally drawn up with Lake Tool. The option agreement expired in September of 1999 and only recently Lake Tool inquired about an extension of the option. Phis matter was being brought back to the Council for direction on whether to extend the option. Eric Bondhus, representing Lake Tool. indicated that it was negligence on their part that the option agreement was allowed to expire. The firm still has an interest in the property and they would like a one year extension of the option agreement. Bruce Thielen questioned wlay a one year extension was required. Mr. Bondhus indicated that it would take at least 2-3 months to get the financing in place. BRUCE THIELEN MOVED TO EXTEND Tl-IE OPTION AGREEMENT FUR 90 DAYS WITH 1 1/2% OF THE PURCI-IASE PRICE 1~'OR TI-IE OPTION PRICE WITH THE PURCI-IASE PRICE OF THE PROPERTY TO REMAIN AT $27,232 FOR THE 90 DAY OPTION PERIOD WHICH BEGINS NOVEMBER 22, 1999. BRIAN STUMFF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Cansideratian_ofauthorizin$ permanent 4-way stop signs at 6'!' and Walnut Avenue. Placed on the consent agenda as Item #SE. X l . Consideration of a rovin resolution acce tin etition for extension of Chelsea Road and and utilities from Sandber Road to 90`h Street. Bret Weiss provided an explanation o1'the proposed project. The proposed study will deal with the alignment of Chelsea Road from Sandberg Road to 90`" Strut and also look at the construction of utilities. Bret Weiss noted there has been discussions with the County regarding acquisition of right-of--way from the County for the proposed road. Improvements to the first. and second phase of the Groveland development would also be incorporated into the report. Bret Weiss stated the the project needs to be done but the City needs to secure costs figures first. Milton Olson spoke about the project and proposed access to his property. He noted his concern about not being notified of Council action that had taken place previously. Warren Olson stated that they want to make sure that they have the opportunity to be involved in the proceedings and a chance to debate the issues. The Council stated that at this point the City was only authorizing the City F.,ngineer to do a feasibility report to determine what options are available, whether they are feasible and the cost of~each. BRUCE THIELEN MOVED TO ACCEPT THE PETITION AND AUTHORIZE WSB & ASSOCIATES TO PREPARE A FEASIBILITY STUDY AS PROPOSED WITH 'I"ICE DEVELOPER PROVIDING A DEPOSIT IN AN AMOUNT EQUAL TO THE COST OF THE FEASIBILITY STUDY. BRIAN STiJMPF SECONDED THE MOTION. MOTION CARRIED tNANIMOUSLY. RES. NO.99-b8 Bret Weiss indicated that they hoped to have the feasibility study done in January and would be meeting with the property owners at that point. Council Minutes - 11 /22/99 12. Consideration of acce tin etition and waiver of ublic hearin re uirement and authorizin feasibili re ort/ lans for extension of water line to Communi Methodist Church. Added to the consent agenda as Item #SF. Acting Mayor Clint Herbst stated that he had received a call from a property owner who indicated that on his tax statement there was a line item for TIF. Ollie Koropchak replied that she had talked with the property owner, whose land is in the TIF District 1-22 which is the Downtown Redevelopment District. She noted that there is a 4 year "knackdawn" rule which means if there is na building or development within that time frame the parcel is knocked out of the tax increment district. Ollie Koropchak stated the line item for TIF was not a charge but a means of identifying the parcels in the district. 13. Approve payment of bills for November. BRUCE THIELEN MOVED TO APPROVE PAYMENT O THE BILLS. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. BRIAN STUMPF MOVED TO ADTOURN AT $:15 P.M BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ~ ~N~~.. Recording Secretary 6