City Council MInutes 11-09-1987MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, November 9, 1987 - 7:30 p.m.
Members Present: Arve Grimsmo, Fran Fair, Bill Fair, Dan Blonigen,
Warren Smith
2. Approval of Minutes.
Motion was made by Bill Fair, seconded by Blonigen, and unanimously
carried to approve the minutes of the regular meeting held October 26,
1987.
4. Consideration of Annexation Compromise Response.
Previously, the City Council had requested a written response from
Monticello Township officials in regards to the City's annexation
boundary compromise offer consisting of approximately 2,000 acres
within the OAA area. Mr. Tom Hayes, City Attorney, informed the
Council that the Township formally responded to the City's offer and
indicated it was unacceptable as presented. It appeared from their
response that they were willing to continue discussions with the City
if the City was willing to consider a smaller area for immediate
annexation and the establishment of a development area for future
annexation needs; but as it presently was presented, a compromise
would not be forthcoming on the larger area proposed.
Attorney Jim Metcalf, speaking on behalf of his client, Kent
Kjellberg, noted that Mr. Kjellberg had originally petitioned for his
700 plus acre property in the OAA area to be annexed but held off on a
formal petition, as he was informed the City was pursuing annexation
of the entire OAA area. It was noted that Mr. Kjellberg is anxiously
awaiting the ruling from the Municipal Board, as he is ready to
continue his development plans for his property and requested that the
Council ask the Municipal Board to make a final decision as soon as
possible.
Mr. John Sandberg likewise noted that he had originally started a
petition to have a 34 -acre parcel, known as the Halliger Tree Farm
property, annexed into the City and delayed his own petition because
the City was pursuing the annexation of the entire area. He also
requested that the Council discontinue further discussions with the
Township on a compromise and immediately request the Municipal Board
to rule on its petition before them. During discussions by the
Council, it was the consensus of all members that an effort has been
made with the Township to arrive at a reasonable compromise; but the
delays so far have not been fruitful, and it appeared the only
alternative was to request the Municipal Board to make a decision on
the City's request. Councilmember Bill Fair also requested that City
Attorney, Tom Hayes, inform the Municipal Board that if the entire OAA
Council Minutes - 11/9/87
area is not annexed into the City, the Municipal Board should rule to
disband the OAA area. Mr. Hayes noted that in all likelihood, this
was a separate issue that would have to be settled at a later date
with the Municipal Board by a separate request.
Motion was made by Fran Fair, seconded by Bill Fair, and unanimously
carried to direct the City Attorney to inform the Municipal Board of
the City's attempt at a compromise with the Township which was found
unacceptable and request that the Municipal Board place on its agenda
for immediate consideration the petition for annexation of the entire
area.
5. Consideration of Final Payment on Otter Creek Road Realignment and
Liquor Store Parking Lot Improvements.
Consulting City Engineer, OSM, Inc., recommended that final payment in
the amount of $8,554.90 be paid to Buffalo Bituminous, Inc., for the
recently completed Otter Creek Road realignment and Liquor Store
parking lot improvement project. The total project cost for both
projects was $34,519.37.
Motion was made by Bill Fair, seconded by Dan Blonigen, and
unanimously carried to authorize the final payment to Buffalo
Bituminous after receipt of lien waivers and other appropriate data
the amount of $8,554.90.
6. Consideration of Purchasing Bleachers for Softball Fields.
As part of the softball field construction near the NSP Training
Center, the City has proposed to purchase bleachers and benches for
the fields. Two quotes were received for the equipment, one from Earl
F. Anderson in the amount of $8,121, and a second quote from Stadiums
Unlimited in the amount of $7,332. It was recommended by the Public
Works Director that the bleachers be purchased from the low bidder,
Stadiums Unlimited.
As part of the reconstruction of the Fourth Street Park, the
ballfield, which is predominantly used by the Girls' Softball
Association, was enlarged and plans called for establishing a
permanent fence line but utilizing seasonal outfield fencing that
could be removed in the winter. Two quotes were received for the
fencing from Century Fence in the amount of $3,109, and Trojan Fence
in the amount of $3,097.71. In addition to the fencing cost, an
additional $487 was requested for seasonal sockets that would be
placed in the ground to allow the fence to be removed easily during
the winter.
Motion was made by Bill Fair, seconded by Warren Smith, and
unanimously carried to authorize the Public Works Department to
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Council Minutes - 11/9/87
purchase the bleachers and benches for the new softball complex from
Stadiums Unlimited in the amount of $7,332 and to authorize the
purchase of fencing for the Fourth Street Park from Trojan Fence in
the amount of $3,584.71, including the seasonal fence sockets.
7. Consideration of Accepting Revised Drainage Plan and Criteria
Necessary Before Acceptance of Chelsea Road Project.
At the previous Council meeting, Mr. Bill Block, the engineer for Jim
Boyle on the Chelsea Road Project, appeared before the Council to
request a modification in the ponding requirements for Chelsea Road.
Mr. Block noted that he had been working with John Badalich, City
Engineer, on an alternate method for providing drainage within the
street right-of-way along Chelsea Road rather than developing a pond
within the adjacent property, as currently the owner was uncertain as
to how the property would develop and where an actual drainage pond
should be located.
Mr. Boyle and his engineer had requested City approval of the ponding
modification in an effort to proceed with closing out the project so
that the City could accept the road and utilities and take over
maintenance as soon as possible. A staff meeting was held with
Mr. Block and City Engineer, John Badalich, concerning additional
problems that were needed to be corrected before final acceptance by
the City. Although there were some minor construction problems that
had to be completed by the contractor, two areas were discussed which
the City requires before acceptance of a project, including lien
waivers indicating that all suppliers and contractors have been paid
in full and a one-year warranty bond on the improvements. Currently,
Mr. Boyle has not received lien waivers from the prime contractors on
the project because of disputes over final pay quantities and also
indicated that it may be difficult for him to provide a warranty bond
as required by the City. As a result, the Council continued to
discuss whether the modification to the drainage pond allowing for
ponding in the street right-of-way is acceptable as a temporary
solution. It was the general consensus of the City staff and
consulting engineer that although it is not an ideal situation, the
temporary use of the right-of-way for ponding could be acceptable
provided the City had drainage easements that would allow for an
outlet from the right-of-way to some other permanent drainage
location. It also appeared to be the Council's opinion that the City
should not get involved in accepting the project as is until all of
the requirements normally required of a developer are provided,
including warranty bonds, lien waivers, and other criteria.
In regards to the modification in the pond requirements, motion was
made by Bill Fair, seconded by Warren Smith, to approve as a temporary
modification ponding in the right-of-way provided the easement for the
original ponding area remains intact until the property is developed
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Council minutes - 11/9/87
and a plan is provided for proper drainage of the entire area.
Additional discussion was then held by the Council; and City Attorney,
Tom Hayes, noted his concerns over the City accepting an alternative
ponding modification at this time without being willing or ready to
accept the entire road and project as constructed. He recommended
that possibly the City should be informing the developer that the City
in the future would consider an alternate ponding modification when
the developer is ready to meet all of the other requirements for City
acceptance of the street and utilities. As a result, the motion to
approve the ponding modification was opposed 5 to 0.
After further discussion, it was also recommended that the City staff
or City Attorney notify the property owner, Jim Boyle, along with the
school district and the Sheriff's Department, that Chelsea Road has
not been accepted and is not a public street and that the sewer line
is considered a private service at this time until accepted by the
City.
8. Consideration of Setting a Special Meeting for the Purpose of
Establishing 1988 Salary/Wage Policy.
A special meeting by consensus was set
the purpose of reviewing and creating
personnel for 1988.
Rick WolfstelVdr
City Administrator
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for 6:30 p.m., December 7, for
salary increases for non-union