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City Council Minutes 02-13-2006MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday February 13, 2006 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf. Members Absent: None 1. Call to Order. Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of January 23, 2006 Regular Council Meeting. WAYNE MAYER MOVED TO APPROVE THE MINUTES OF THE JANUARY 23, 2006 REGULAR COUNCIL MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF ABSTAINING. 211. Approve minutes of January 24, 2006 Special Council Meetin. GLEN POSUSTA MOVED TO APPROVE THE MINUTES OF THE JANUARY 24, 2006 SPECIAL COUNCIL MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF ABSTAINING. 2C. Approve minutes of January 25, 2006 Special Council Meeting. TOM PERRAULT MOVED TO TABLE ACTION ON THE JANUARY 25, 2006 SPECIAL COUNCIL MEETING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Glen Posusta added an update on the signage at County Road 75 and Meadow Oak Avenue and a discussion of how the city handled complaints. Tom Perrault added an update on the trips to view the various heat drying systems for biosolids treatment. Jeff O'Neill added an update on the applicants for the Planning Commission vacancy and the process for reviewing RFP's for the Comprehensive Plan Update. 4. Citizen comments, petitions, requests and complaints. Edward Solberg, 1204 Sandy Lane asked if item #5F, Pineview Development, on the consent agenda could be removed for discussion. Council Minutes: 2/13/06 5. Consent Agenda. A. Consideration of approving hires and departures MCC, Parks and Public Works. Recommendation: Ratify the hiring and departures of employees as identified. B. Consideration of approving Change Order #3 for the fire truck. Recommendation: Approve Change Order #3 in the amount of $305 to Heiman Brothers, Inc. for the new tanker truck. C. Consideration of transfer of intoxicating liquor license for Silver Fox. Recommendation: Approve the transfer of the intoxicating liquor license for 1114 Cedar Street to Apurva Patel dba Silver Fox Inn contingent upon submittal of certificate of insurance. D. Consideration of approving Change Order No. 2 for the extension of Meadow Oak Avenue from the current termini to CSAH 18, City Project No. 2005-5C and the reconstruction of a segment of CSAH 18 and CSAH 39 for the CSAH 18/I-94 Interchange, City Project No. 2004-1 C. Recommendation: Approve Change Order #2 in the amount of $17,780.80 to R.L. Larson Excavating, Inc. E. Consideration of approving final payment and accepting work on the Sunset Ponds Lift Station, City Project No. 2003-14C. Recommendation: Accept the improvements and approve the final payment of $21,547.00 to R.L. Larson Excavating, Inc. subject to receipt of the final paperwork noted. F. Consideration of approving preliminary plat for Pineview Development. Recommendation: Approve the preliminary plat for Pineview as proposed with the condition that the Post Office will determine final location of the cluster mailboxes. Items #5C and #517 were pulled from the consent agenda. GLEN POSUSTA MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #5C AND #5F. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. #SC Liquor License Transfer: This item was pulled because the application for the transfer of the liquor license had not been submitted. TOM PERRAULT MOVED TO TABLE ACTION ON THE TRANSFER OF THE LIQUOR LICENSE FOR THE SILVER FOX INN. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 0 Council Minutes: 2/13/06 #SF Preliminary Plat - Pineview Development. Jeff O'Neill reviewed the revised site plan for the Pineview development. Previously the Council had approved a variance allowing the lots to be slightly smaller than standard. Staff has been working with the developer on issues relating to sidewalk installation and other design issues, such as location of cluster mailboxes and garbage cans. It was noted that sidewalk is standard in areas serving this type of traffic. A fifth lot will be developed once Otter Creek Road has been re -aligned. Clint Herbst noted that there were some drainage problems for the homes east of the proposed development and he asked what the plans were for drainage in this development and if there was going to be a swale along the back of the lots. Tom Holthaus, developer, indicated that the area was fairly flat and he did not know how the drainage would be handled. Clint Herbst asked John Simola to look at this. Wayne Mayer asked the developer's opinion of the consolidation of the mailboxes. Mr. Holthaus indicated he thought it would be better to have the mailboxes and the garbage cans located in the same area of the development. Glen Posusta asked what the City's normal width was for sidewalks and John Simola indicated sidewalks are generally 5' and trails are 8-10'. Jeff O'Neill felt that the location of the mailboxes could be a problem as far as snow removal and people accessing the mailboxes from their cars. John Simola stated that Street Superintendent Tom Moores and Postmaster John Roden will locate the mailboxes in such a manner as to allow for snow removal and mail delivery. Edward Solberg, 1204 Sandy Lane questioned why the residents weren't notified of the public hearing on the appeal of the denial of the variance. It was suggested that the Planning Commission could remind those present at the Planning meeting that if a variance is denied, the applicant has the right to appeal the denial. Mr. Solberg noted that the City had purchased land from Russell Lovegren for the street re -alignment and questioned whether the developer would have to pay for the cost of the right-of-way. City Administrator, Rick Wolfsteller indicated that was a decision that the Council could make at their discretion. BRIAN STUMPF MOVED TO APPROVE THE PRELIMINARY PLAT FOR PINEVIEW WITH THE CONDITION THAT THE POST OFFICE WILL DETERMINE THE FINAL LOCATION OF THE CLUSTER MAILBOXES. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. 7. Public Hearing - Consideration to approve a resolution adopting a modification of the Tax Increment Plan for TIF District No. 1-6, A Redevelopment District. Applicant: Monticello HRA. Economic Development Director, 011ie Koropchak noted the public hearing was for the purpose of modifying the TIF plan so that excess TIF revenues could be preserved for other future redevelopment activities. TIF District No. 1-6 contains the block that Maus Foods is situated on and was set up to assist with land acquisition and public improvements for the development of the site. 3 Council Minutes: 2/13/06 State statute has recently changed and it requires that the HRA either spend or return any excess tax increments. The modification is not to the district boundary but to the budget which allows the excess tax increment to be preserved. 011ie Koropchak stated that modifying the budget does not authorize the HRA to expend the funds. Mayor Herbst opened the public hearing. No one present spoke for or against the adoption of the resolution. Mayor Herbst then closed the public hearing. WAYNE MAYER MOVED TO APPROVE A RESOLUTION ADOPTING A MODIFICATION OF THE TIF PLAN FOR TIF DISTRICT NO. 1-6, A REDEVELOPMENT DISTRICT. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Public Hearing on Adopting an Ordinance Establishing Fees for 2006 City Administrator, Rick Wolfsteller provided background information noting that a recent change in state statute now requires cities to establish the amount of the fees they charge for various services through the ordinance process. Previously the Council had by motion approved the fees for 2006. In order to comply with the provisions of the statute, the City is holding a public hearing on the ordinance to establish fees. Mayor Herbst opened the public hearing. No one was present who spoke for or against the proposed ordinance establishing the fees for 2006. Mayor Herbst then closed the public hearing. Tom Perrault asked whether the documentation was complete for setting the basis of the park dedication fee. Jeff O'Neill stated that it would soon be reviewed and discussed by the Planning Commission. GLEN POSUSTA MOVED TO ADOPT THE ORDINANCE ESTABLISHING THE 2006 CITY FEE SCHEDULE AS PROPOSED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. 9. Review of Jefferson Commons Outlot C Purchase Agreement Termination - CM Kingbay. Rick Wolfsteller reviewed previous Council action on the purchase agreement with the latest action being to terminate the existing purchase agreement as it was in default. Cory Kingbay had requested to speak to the Council regarding his proposal for the property. Cory Kingbay submitted a revised site plan for the property he was proposing to purchase from the City in the Jefferson Commons development. A retail strip development was proposed for the central site and a restaurant was being sought for the corner lot but at this time there is no one committed to the restaurant site. Cory Kingbay stated that he was under the impression 0 Council Minutes: 2/13/06 from the last meeting that he had been granted a verbal extension. Clint Herbst stated that he did not feel the City had to redo the purchase agreement from scratch but did feel that the terms and provisions needed to be simplified. Several ideas had been discussed including Mr. Kingbay purchasing the entire 7 acre site and have a building on the site within a certain time frame. Clint Herbst felt as long as there was one building site developed other development would soon follow. Glen Posusta asked if Mr. Kingbay would be able to make the June 2006 date for the purchase of the land. Cory Kingbay noted that he is working with another entity for the development of this property including financing. Glen Posusta felt the strip mall would take up the biggest portion of the site. Wayne Mayer felt he would be more likely to approve an agreement where Cory Kingbay purchases the entire site and gets one lot built but not have a time frame for building on the other two sites. He suggested June 2006 for purchase of the land and September 2006 for pulling a building permit for the middle piece. Cory Kingbay noted that with the bigger restaurant chains it requires approximately a year from acquisition to building. Brian Stumpf expressed his concern about the other sites possibly remaining empty for 3-5 years and he felt there should be some type of sunset clause included in the agreement. In order to come up with some direction for the City Attorney for preparation of the purchase agreement, the consensus of the Council is that the agreement should provide for the sale of the entire parcel of land; set a time frame for a building permit on the first site and provide for the City to purchase the land back if development does not take place. Cory Kingbay indicated he would prefer that the start date of the agreement be six months from now or roughly August rather than the June date. Jeff O'Neill stated that River City Lanes had expressed some interest in relocating to the Jefferson Commons area. Added Items: Signage at CSAH 75 and Meadow Oak Avenue - Glen Posusta asked about the status of getting the signage at CSAH 75 and Meadow Oak Avenue taken care of. Shibani Bisson stated she was aware that there was a meeting with the County on this matter but she did not have information on what was resolved. Glen Posusta stated that he had asked that something be done about the timing of the lights at CR 39/CSAH 75 and he complimented Bret Weiss for following through in getting the lights adjusted. Complaint Procedure: The Council discussed the procedure used when a resident files a complaint with the City. The concern was expressed that the complaints could get lost in the shuffle, be misdirected to the wrong party or just not followed up on. John Simola suggested that the complaint form be made available on line and that staff review the overall process for handling complaints. 5 Council Minutes: 2/13/06 Biosolids Facility: Tom Perrault briefly updated the Council on the various heat drying systems for biosolids treatment that the task force had inspected in Denmark, Arkansas and Tennessee. Tom Perrault felt based on what he saw in the inspection of the facilities that Com - Line and Kruger were the leading candidates to consider. John Simola stated that the task force will be working on a formal report outlining their findings and recommendation would be coming back before the Council in the early part of March. Planning Commission Vacancy: Jeff O'Neill reported that four candidates had been interviewed for the vacant position on the Planning Commission. The Council would like the list of candidates narrowed down to two and the Council will then interview the two candidates. RFP's for Comp Plan Update: Jeff O'Neill asked which Council members would be interested in reviewing the RFP's received on the Comp Plan Update and narrowing the list of candidates. The Council directed that staff inform them when the RFP's are in and at that time the Council can better determine who would be available to review the RFP's. Tom Perrault indicated he did have an interest in working on it. MEADA: Wayne Mayer stated that he had conducted a vote on getting his hair cut at $1 /vote with the funds raised to go to MEADA. A drawing was conducted at the Council meeting to determine who would have the opportunity to trim his locks with Jade Patrick being the salon selected. 10. Consideration of approving payment of bills for February. Tom Perrault stated that having just received the list of bills that evening he was not comfortable approving payment without having adequate time to review the bills. Glen Posusta questioned a bill for the cost of relocating an irrigation system on School Boulevard between TH 25 and Cedar Street. While the Council understood the need to have the irrigation system relocated, they felt the price was rather high. BRIAN STUMPF MOVED TO APPROVE THE PAYMENT OF THE BILL CONTINGENT UPON TOM PERRAULT BEING ABLE TO PULL A BILL IF HE HAD QUESTIONS ON IT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Adjourn. Meeting was adjourned at 8:30 p.m. Recording Secretary Cel