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City Council Minutes 06-12-2006Council Minutes: 6/12/06 MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday June 12, 2006 — 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. 2. Approve minutes of May 22, 2006 regular Council meeting. It was noted that the meeting ended at 8:45 not 9:15 p.m. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE MAY 225 2006 REGULAR COUNCIL MEETING AS CORRECTED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Mayor Herbst apologized to Wayne Mayor for a comment made at an earlier Council meeting relating to his vote being just one vote. The condition of the city -owned parking lot was added to the agenda. 4. Citizen comments, petitions, requests and complaints. Mike Wrona, 114 Kampa Circle asked to speak regarding agenda item #5J, drainage ditch improvements between Kampa Circle and Monticello Country Club Golf Course. The Council indicated that the item would be pulled from the consent agenda and his comments would be heard at that time. 5. Consent Agenda: A. Consideration of approving hires and departures for Streets, Building, Parks and MCC. Recommendation: Ratify the hires and departures as identified. B. Consideration of authorizing feasibility study for extending sidewalk along 6th Street between Locust Street and Elm Street, along Elm Street between 6th Street and CR 39, and adding this segment to the sidewalk grid system. Recommendation: Authorize the preparation of a feasibility study for construction of pedestrian facility improvements along 6th Street between Locust and Elm Streets, and along Elm Street between 6th Street and County Road 39 and add the improvements to the City's grid sidewalk system. C. Consideration of approving an extension of an Interim Use Permit for the Alternative Learning Program located in an I-1 (Light Industrial) District. Applicant: Monticello School District. Recommendation: Approve the renewal of the existing Interim Use Council Minutes: 6/12/06 Permit for a period of three years, subject to all conditions of the original Interim Use Permit, based on the finding that the proposed use will not interfere with the City's long range objectives of encouraging industrial development in the area due to the temporary nature of the permit and the minimal alterations to the property. D. Consideration of approving development agreement outlining financial obligations, easements and park dedication requirements relating to the Niagara Falls subdivision. Recommendation: Approve the development contract for Niagara Falls subject to execution by all parties and provision of all securities and cash deposits. E. Consideration of approving final plat and development agreement for Hidden Forest Phase I. Recommendation: Approve the final plat and development contract for Hidden Forest subject to execution by all parties and provision of all securities and cash deposits. F. Consideration of approving preliminary plat for Hidden Forest 2"d Addition. Recommendation: 1) Approve the rezoning from A -O to R-lA as proposed in the preliminary plat based on a finding that the proposed zoning would reflect the intent of the City's Comprehensive Plan; and 2) Approve the preliminary plat based on a finding that the plat meets the requirements of the Zoning Ordinance, subject to the applicable conditions listed below: 1. The final street plans shall be subject to the review and comment of the City Engineer, including consideration of road width within the portion of the plat where tree cover may be retained by reducing road width, and including road connection to the property to the east. 2. The single family homes shall meet all performance standards of the R- I A District as defined in the zoning ordinance and outlined in the planner's report. 3. The road in the southeast portion of the plat should be shifted 10 feet to the east to permit tree replacement planting along the wetland edge. 4. The applicant shall submit a detailed landscaping plan, addressing preservation of tree clusters and/or replacement of the trees that will be removed during the development process, as well as pond landscaping and other areas being disturbed by development. 5. Issues related to the wetland area are subject to the review and comment of the City Engineer. 6. The grading, drainage, erosion control and utility plans are subject to the review and approval of the City Engineer. 7. The development of the plat is consistent with the recommendations of the Environmental Assessment Worksheet, including comments related to removal of trees. 8. A development contract is executed detailing improvements, including park construction, required as a part of the project. G. Review of 2005 Liquor Store Financial Report and 1St quarter 2006 report and for the year 2005. Recommendation: Accept the financial reports for the year 2005 and the first three months of 2006 as presented. H. Consideration of authorizing a feasibility report and final grading plan to extend Dalton Avenue (formerly School Boulevard) and the westerly road adjacent to the proposed AVR site as part of the Otter Creek Industrial Campus. Recommendation: Authorize the feasibility report for the extension of Dalton Avenue (formerly School Boulevard) and the westerly road adjacent to the proposed AVR site and final grading plan preparation for a portion of the Otter Creek Industrial Park. Council Minutes: 6/12/06 I. Consideration of approving Change Order #3 for the CSAH 18/I-94 Interchange Project, City Project No. 2004-01 C. Recommendation: Approve Change Order #3 to the CSAH 18/I-94 Interchange Project, City Project No. 2004-1C in the amount of $40,014.00 J. Consideration of authorizing feasibility study for drainage ditch improvements between Kampa Circle and Monticello Country Club Golf Course. Recommendation: Authorize preparation of a feasibility study for constructing drainage ditch improvements between Kampa Circle and the Monticello Country Club Golf Course. Items #513 and #5J were pulled from the consent agenda. Because people were present who wished to speak on item #5J Brian Stumpf asked that #5J be addressed first. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #513 AND #5J. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. SJ: Feasibility Study Drainage Correction between Kampa Circle/Monticello Country Club Golf Course: Judy Moody, 118 Kampa Circle and Mike Wrona, 114 Kampa Circle spoke to the Council about drainage problems they are experiencing since the existing drainage ditch is no longer able to contain the runoff water. Because the water is not draining as it should they have standing water in their back yards and dirt and debris deposited by the surface water passing through. Mike Wrona requested that the original creek bed be re-established. City Engineer, Bruce Westby submitted a sketch showing the area of the drainage ditch and noted that the ditch is choked with vegetation thereby restricting the amount of runoff it can handle. He was requesting Council authorization to prepare a feasibility report to study the cost of correcting the drainage problem. Clint Herbst questioned who owned the ditch. John Simola felt it was a public easement and thought there was some kind of agreement with the golf course to take the water through this area. Clint Herbst asked if the work would be done by city staff or contracted out. John Simola responded that while some of the work could be done by city staff, the city did not have the equipment to do the work. John Simola noted there may also be some surveying costs related to the feasibility report. BRIAN STUMPF MOVED TO AUTHORIZE PREPARATION OF A FEASIBILITY STUDY FOR CONSTRUCTING DDRAINAGE DITCH IMPROVEMENTS BETWEEN KAMPA CIRCLE AND THE MONTICELLO COUNTRY CLUB GOLF COURSE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5B: Feasibility study for extending sidewalk along 6th Street and along Elm Street City Engineer, Bruce Westby indicated this study would be done in-house. Clint Herbst questioned the sidewalk going on the north side of 6th and connecting to the sidewalk on Maple Street. It was his understanding that the sidewalk would be kept on one side of the street and would tie into the existing walkway. Bruce Westby stated that he and Public Works Director Council Minutes: 6/12/06 John Simola had walked the area previously and determined that keeping the sidewalk on one side of the street would create some problem areas where retaining walls would need to be installed. Bruce Westby felt it would be a benefit to the community to develop something that would connect all the unconnected walkways. Clint Herbst agreed the sidewalk should be on the north side of 6th Street and felt this segment should be added to the City's grid system. Brian Stumpf asked if they had looked at the pathway along the Burlington Northern tracks between City Hall and Sunny Fresh and whether that could be extended. The pathway presently stops at Minnesota Street. Brian Stumpf asked that this segment also be addressed in the feasibility report. Tom Perrault commented that presently there is a lot of traffic on 6th Street because 7th Street is not completed and that is something the Council also needs to consider. BRIAN STUMPF MOVED TO AUTHORIZE THE PREPARATION OF A FEASIBILITY STUDY FOR CONSTRUCTION OF PEDESTRIAN FACILITY IMPROVEMENTS ALONG 6TH STREET BETWEEN LOCUST AND ELM STREETS AND ALONG ELM STREET BETWEEN 6TH STREET AND COUNTY ROAD 39 AND TO ADDRESS THE SEGMENT OF PATHWAY ALONG THE BURLINGTON NORTHERN RAILROAD FROM ELM STREET TO MAPLE STREET AND ADD THE IMPROVEMENTS TO THE CITY'S GRID SIDEWALK SYSTEM. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. 7. Public Hearing — Consideration to approve a resolution adopting the modification to the TIF Plans for TIF District No. 1-2 (Metcalf Larson) and TIF District No. 1-24 (St. Benedicts). Economic Development Director, 011ie Koropchak provided background information on the proposed modifications to the TIF districts and gave a brief history on each district. TIF District 1-2 was a redevelopment district that was established in 1983 and will expire in 2010. She noted that the proposed modifications were not to district boundaries but to district budgets. This extra money can be used for redevelopment within the district or project area. TIF District 1-24 (St. Benedict's) is a housing district that was established in 1998 and runs through 2026. Since this is a housing project these funds would have to be used for affordable housing within the project area. 011ie Koropchak pointed out that although the budget was being modified the HRA is not incurring any debt at this time but is merely asking to reserve this money for future use. Mayor Herbst opened the public hearing. No one spoke for or against the proposed modification. Mayor Herbst then closed the public hearing. BRIAN STUMPF MOVED TO APPROVE A RESOLUTION ADOPTING MODIFICATIONS TO THE TIF PLANS FOR TIF DISTRICTS NO. 1-2 (REDEVELOPMENT DISTRICT) AND 1-24 (QUALIFIED HOUSING DISTRICT). TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Consideration of award of bid for the 2006 Street Reconstruction Project, City Project No. M06 -n1 r_ Consulting Engineer, Bret Weiss reviewed the scope of the 2006 Street Reconstruction Project and the bid results. The project included some other items such as the parking lot improvements for the park on Mississippi Drive and mill and overlay work for Center Point Energy. This project also included $250,000 of storm sewer work that was moved up from next Council Minutes: 6/12/06 years street reconstruction project. Bret Weiss stated that because pipe prices and bituminous prices have increased significantly the bid price ($1,871,362.50) was higher than the engineer's estimate of $1,759.456.25. Initially it was proposed to sealcoat Kenneth Lane and Craig Lane and at the public hearing it was stated that sealcoating work would not be assessed. However, in looking at the condition of the streets it was felt that reconstruction of these streets was necessary and the project was bid with Kenneth and Craig Lanes being reconstructed. The City had received a letter from a property owner who had sold his house not realizing there was now a pending assessment against his property because it was stated at the public hearing that there would be no assessment for any sealcoat work done on the streets as part of this project. Bret Weiss stated that he and John Simola would be looking at some ways to reduce the cost of the project but they were recommending going forward with the project even though the bid was higher than the engineer's estimate since it is not likely that prices will come down any time soon. Some areas they would look at for cost savings is separating the fencing for the cemetery from this contract and do further study on the retaining walls. There was discussion on the condition of Kenneth and Craig Lanes. Milling would be a 2" overlay over the existing surface. Reconstruction would be 4" of new bituminous material. In this case reconstruction would double the cost. Clint Herbst felt since these are cul-de-sacs and do not carry a lot of traffic this work could be deferred. Bret Weiss stated the reconstruction program will be in this area for the next two years so this work could be done as part of a future proj ect. Wayne Mayer asked about the differences in mobilization costs under the various alternates bid. Bret Weiss indicated that contractors may include expenses such as bond costs in the mobilization costs. BRIAN STUMPF MOVED TO AWARD THE 2006 -OIC CORE STREET PROJECT TO BUFFALO BITUMIOUS BASED ON THE TOTAL BID ALTERNATE #5 (BID ALTERNATE 3 + SCHEDULE I) IN THE AMOUNT OF $1,871,352.50 DELETING ANY WORK ON CRAIG LANE AND KENNETH LANE AND CONTINGENT UPON CENTER POINT ENERGY'S APPROVAL OF THE COST OF OVERLAY WORK THAT WILL BE CHARGED TO CENTER POINT ENERGY. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION AS HE FELT THE SIDEWALK WAS NOT NECESSARY AND FELT THE STREETS SHOULD BE 32' IN WIDTH. Wayne Mayer asked if any sealcoat work would be done on Kenneth and Craig Lane. He was informed it would be left as is since sealcoating is not a correction for cracks. John Simola stated the streets are 30 years old and there is only a 2" bituminous surface on the streets. The only thing the City would do on the street would be patching as needed. 9. Consideration of awarding bid for Hidden Forest/Niagara Falls Forcemain and Watermain Improvements, City Project No. 2005-03C, contingent upon finalization of development contracts and securities. At the request of the developers this project was re -bid and this time the bids came in within $4,000 of the bids the developers had obtained. The developers have requested that the City Council Minutes: 6/12/06 award the bid. Award of the bid will be contingent upon getting signed development agreements and financial securities in place. A portion of the forcemain will be placed in a township drainage and utility easement. Bret Weiss will be presenting this to the township board at their upcoming meeting. Their approval is needed in order for the project to proceed. Tom Perrault asked about change orders and cost overruns and whether the developer would be picking up that cost. Bret Weiss stated the project would be 100% assessed. TOM PERRAULT MOVED TO AWARD THE PROJECT TO VOLK SEWER AND WATER, INC. IN THE AMOUNT OF $584,746.14 CONTINGENT UPON FINALIZATION OF DEVELOPMENT CONTRACTS AND SECURITIES FOR BOTH THEHIDDEN FOREST AND NIAGARA FALLS DEVELOPMENT. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of settlement /land exchange agreement with AVR. BRIAN STUMPF MOVED TO CONTINUE THIS ITEM UNTIL THE NEXT MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Consideration of purchasin! balance of Otter Creek Industrial Park land - paying off contract for deed. City Administrator Rick Wolfsteller provided background information on the need to acquire additional land in the Otter Creek Industrial Park. He reviewed with the Council the land area that remains. Area #1 is a 34 acre site and is necessary for the relocation of AVR to a 12 acre site within that parcel. Area #2 is 13 acre site and Area #3 is a 40 acre site. It was recommended looking at acquiring Area #1 and Area #2 at this time as it would give the City the necessary land area for the AVR relocation and land for development. Land cost for the 47 acres is estimated at $1,200,000 without improvements. Glen Posusta asked about funding the land acquisition costs. Rick Wolfsteller indicated there are fund balances in the capital outlay fund and liquor fund that could be utilized. Brian Stumpf asked if the balance in the liquor fund was after the debt payment on the MCC. He also asked about depleting the reserves and the impact that would have on future bonding. GLEN POSUSTA MOVED TO PROCEED WITH THE ACQUISITION OF PARCELS #1 AND #2 CONTAINING APPROXIMATELY 47 ACRES FOR $1,190,000. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. City Attorney, Tom Scott noted that the purchase agreement contained a provision requiring draw down of land in ten acre increments. 12. Consideration of authorizing City Engineer to investigate options for improving traffic flow at the intersection of TH 25 and River Street. This intersection was discussed at the May 17, 2006 Police Commission meeting. Since this signal is so close to the signal at CSAH 75/TH 25 it actually impedes traffic movement. The Police Commission felt the signal should be removed and other modifications made to the Council Minutes: 6/12/06 intersection. Staff was asking Council to authorize removal of the signal and allow staff to study modification to the intersection. If the signal is removed consideration should be given to restricting access to TH 25 from River Street. Clint Herbst felt blockades should be placed at East River Street so that no traffic onto TH 25 is allowed. He felt a right -in and right -out at West River Street should be allowed. Clint Herbst expressed his concern about the high traffic of volume on this residential street. Brian Stumpf felt the traffic movement for all of TH 25 should be looked at especially for making left hand turns. He asked if it is possible to put a signal at I-94 to allow a left turn on green with a yield to oncoming traffic. Consulting engineer, Bret Weiss said he did not know if that had been looked at but it is something they would ask MnDOT about. Clint Herbst expressed concern about removing the signal at River Street because the City may never get it back should the need arise for a signal at the intersection. He suggested that maybe during certain hours, like rush hour, the signal recycles every 15 minutes. This would perhaps encourage people to use CSAH 75 rather than River Street. Bret Weiss stated that before any barricades are placed the City would need to talk to the property owners and MnDOT. John Simola advised that the City take into consideration in their action on this item that there are times people have to cross TH 25 at River Street. The Council also discussed synchronization of the signal lights. Bret Weiss stated the idea of the timing of the signals is to have the space between the signals equal. Glen Posusta suggested signage on River Street indicating, "No access to TH 25." Bret Weiss stated there are safety issues that have to be looked at as well. WAYNE MAYER MOVED TO AUTHORIZE THE CITY ENGINEER TO INVESTIGATE REMOVAL OF EXISTING SIGNAL SYSTEM AT TH 25 AND RIVER STREET AND MODIFYING INTERSECTION GEOMETRICS. Brian Stumpf recommended that this study should address traffic flow along TH 25 and the I-94/TH 25 intersection specifically and not just the traffic flow at the TH 25/River Street intersection. WAYNE MAYER AMENDED HIS MOTION TO INCLUDE BRIAN STUMPF'S RECOMMENDATION. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Consideration of adding street lights to the CSAH 18 Interchange bridge Consulting engineer, Bret Weiss informed the Council that the interchange project at this time was about four weeks ahead of schedule. As part of the interchange project it was designed to add lights to the CSAH 18 bridge at some future point. This item was coming before the Council at this time to find out if the Council wanted to include the lights now or hold off until some future date. Bret Weiss has not received a price quote on the cost of the lights but is estimating it would be in the range of $30,000. He noted the conduit is already in place. Clint Herbst asked that this be brought back at the next meeting with a cost estimate. Tom Perrault questioned whether all the development in the area would provide sufficient lighting without the lights on the bridge. Bret Weiss stated the lights on the bridge serve more of an aesthetic purpose. Council Minutes: 6/12/06 14. Department Activity Report — Economic Development — 011ie Koropchak Economic Development Director, 011ie Koropchak updated Council on activities relating the HRA, EDA and Marketing Committee. She pointed out that the statute allowed the Council to act as the HRA and in many communities that is the case. However, in Monticello the HRA was created as a separate entity. She discussed the analysis done by Ehlers and Associates and the TIF districts. Brian Stumpf asked how Monticello compared to other cities as far as number of tax increment districts. 011ie Koropchak indicated that the city has 37 districts which is quite a few districts but other communities had expanded district boundaries and therefore have fewer districts but larger ones. She touched on new developments that are taking place such as the Dahlheimer site and Karlsburger Foods. She talked about the transformation loan program and provided pictures of the two sites that had qualified for this loan program. She pointed out that this program was limited to properties in a designated area and did not cover maintenance items such as siding, windows, etc. Lastly she talked about the use of tax abatement as another tool the HRA could utilize and asked if the Council was interested in having her do additional research on this. Brian Stumpf felt the research should be done but also felt guidelines and criteria should be established in the use of tax abatement. Added Item: Parking Lot Improvements: The Council received a petition requesting that City repair the public parking lot at 3rd and Walnut Street. Public Works Director John Simola stated the parking lot is 35 years old and funds had been budgeted to repair and upgrade it. The Council discussed a proposal that had been worked on earlier in which the City would make improvements to the parking lot and alley provided that the property owners make certain improvements to their private parking areas and rear entrances. This proposal did not go forward at that time. It was suggested that the property owners be contacted again to see if there was interest in pursuing the original proposal. John Simola noted that this was a public parking lot and there are improvements needed. After further discussion it was determined that the property owners will be contacted regarding the improvements. If the project does not proceed the Public Works Department will patch and make such repairs as needed so that no hazardous conditions exist. 15. Consideration of approving payment of bills for June. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 16. Adjourn. The Council meeting was adjourned at 9:00 p.m. Recording Secretary