City Council Minutes 02-26-2001MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, February 26, 2001 - 7 p.m.
Members Present: Roger Belsaas, Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen
Members Absent: None
1. Call to Order
Mayor Belsaas called the meeting to order at 7 p.m. and declared a quorum present.
2. Approve minutes of February 12, 2001 regular Council meeting.
CLINT HERBST MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 12, 2001
REGULAR COUNCIL MEETING AS PRESENTED. BRIAN STUMPF SECONDED THE
MOTION. MOTION CARRIED WITH MAYOR BELSAAS ABSTAINING.
3. Consideration of adding items to theagenda.
Mayor Belsaas stated that the Council had met earlier in a closed meeting to discuss a
mediated settlement in the City's court case with a subcontractor on the wastewater treatment
plant and approval of this mediated settlement should be added to the consent agenda.
4. Citizen comments/petitions, requests and complaints.
Susie Wochjouski of the Chamber of Commerce came before the Council to request the City
to look at a snow removal problem which makes it difficult people to use the pathway to get to
the Chamber office. She indicated that from the south corner of the Chamber building,
approximately 50 feet to the alleyway, there is no place to put the snow so it is difficult to
access the pathway. She submitted photographs showing the problem with the snow and the
water standing in the pathway. The Council directed John Simola, Public Works Director, to
check into the problem.
David Walston, questioned the City's leash law and voiced a complaint that the animal
control people have failed to respond to complaints in a timely manner. He indicated the dog
problem has been ongoing in spite of him talking to the dog owners and calling the animal
control people. The Council directed him to supply the background information on the problem
to the city staff and directed the City Administrator to check into the matter further as the
Mayor indicated he had also received a complaint about the animal control people response
to calls.
Council Minutes - 2/26/01
5. Consent Agenda
A. Consideration of approving new hires and departures for the Community Center.
Recommendation: Ratify new hires as identified on attached list.
B. Consideration of resolution opposing the sale of wine for off premise consumption at
any outlet other than authorized off -sale liquor stores. Recommendation: Adopt
resolution opposing legislation allowing sale of wine in grocery stores. Res. 2001-0-5.
C. Consideration of approving renewal of Mens Softball Association Beer License.
Recommendation: Approve license contingent upon receipt of necessary insurance
documents and appropriate license fees.
D. Consideration of waiving statutory liability limits for City insurance renewals.
Recommendation: Council formally indicate that the City of Monticello does not
waive the monetary limits on tort liability established by Minnesota Statutes 466.04.
E. Consideration of approving renewal of gambling license for Knights of Columbus at
Chin Yuen (Silver Fox Motel) and Tree House Lounge (Days Inn Motel).
Recommendation: Adopt resolution approving charitable gambling license application.
Res. #2001-6.
F. Consideration of resolution accepting Parkside at Meadow Oaks public improvements.
Recommendation: Adopt resolution accepting the public improvements for Parkside at
Meadow Oaks. Res. 42001-7.
G. Consideration of approving mediated settlement with Sunrise Painting.
Recommendation: Approve settlement of suit with Sunrise Painting as presented by
legal counsel.
BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA ADDING ITEM 5G,
THE MEDIATED SETTLEMENT WITH SUNRISE PAINTING AND INCLUDING
AGENDA ITEM #10, AMENDMENTS TO JOINT RESOLUTION BETWEEN THE CITY
OF MONTICELLO AND MONTICELLO TOWNSHIP AS TO THE ORDERLY
ANNEXATION OF PROPERTY. CLINT HERBST SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY
6. Consideration of items removed from the consent agenda for discussion.
None.
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7. Consideration of resolution accepting design build plans and specifications for gravity
belt thickener and authorize advertisement for bids.
The draft design build documents for the gravity belt thickener were reviewed with the Council
by Ed DeLaForest of HDR. The gravity belt thickener is meant to reduce the sludge volume
and capacity needed for sludge storage. HDR was requesting that the Council act as follows:
1. Approve the design build documents.
2. Approve evaluation criteria.
3. Authorize advertisement for requests for proposals.
Ed DeLaForest reviewed the design build statutes, 471.37. The design build method allows the
City to focus the design and construction on one entity rather than dealing with both the
designer and the builder. Another favorable aspect of the design build rnethod is faster project
completion and it also allows for more innovative design. He noted there are some
disadvantages to this method including the fact that it is more difficult for the city to influence
the detail design. However, Ed DeLaForest felt that there was enough detail in the design
build doc>unents to protect the City's interest.
Ed DeLaForest reviewed the steps in the selection process: 1) Engage criteria engineer (HDR),-
2)
HDR);2) Develop the request for proposal; 3) Approve requirements for RFP; 4) Receive and evaluate
proposals; 5) Interview proposers; 6) Negotiate on proposals, if necessary; 7) Accept proposals;
8) Evaluate proposals and make recommendation to the Council; 9) Award contract. It was
noted that in evaluating the proposals there is a total of 100 points; 70 point to go on the cost of
the project both construction and operating and maintenance costs; 20 points on technical
approach which include factors such as ease of operation, energy savings, reliability and
durability of the proposed design, ability of the process to meet the intent of the design criteria,
etc. The remaining 10% would be for experience and qualifications.
Mayor Belsaas offered to serve on the Evaluation Committee which includes representatives
from HDR. Sunny Fresh Foods, PSG, and City staff. John Simola stated that the documents
will be passed onto the City attorney for his review to make sure that the documents comply
with state statutes.
ROGER CARLSON MOVED TO PASS A RESOLUTION ACCEPTING THE PLANS AND
SPECIFICATIONS FOR THE REQUEST FOR PROPOSALS FOR THE DESIGN BUILD OF
THE GRAVITY THICKENER IMPROVEMENTS TO THE WASTEWATER TREATMENT
FACILITY AND TO ADVERTISE FOR REQUESTS FOR PROPOSALS. BRUCE
THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Res.
#2001-10.
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8. Consideration of adoption of resolution Authorizing condernnation of property for trail
system.
Deputy City Administrator, Jeff O'Neill summarized what had transpired with the easement
negotiations for the CR 18 Pathway/Bridge project to date. One of the property owners
involved in the easement acquisition has broken off negotiations and has informed the City that
if an easement was going to be obtained it would have to be done by condemnation. The
property owner would prefer that the pedestrian bridge be located elsewhere and if the City was
not willing to do that, they would have to condemn the land needed from them for the
easement. City Engineer, Bret Weiss stated that when the grant application work was done
they had looked at various locations and this was the most suitable location because the terrain
was easier and there was no crossing back over CR 18. Bret Weiss stated that in order for the
project to proceed either the easement or a judge's order would have to be obtained by April 15,
2001 111 order to meet MnDOT's deadline to secure funding for this year. Delaying the
project could result in the City not obtaining reimbursement for additional project costs.
The Council discussed at length why the property owner had broken off negotiations and what
impact condemnation would have on the other easements being negotiated. It was noted that
authorizing condemnation proceedings did not preclude continued easement negotiations. If
the Council felt that the bridge should stay in the location selected, then the City would need to
initiate the condemnation proceedings. If they wanted to consider a different location for the
bridge, the Council should be aware that it would require additional design work and costs.
It was suggested that in order to allow additional time for negotiation, that the Council could
make the effective date of the initiation of the condemnation proceedings March 1st or
thereabouts. Bret Weiss cautioned that the time table for meeting the April 15"' deadline is tight
and that does not provide an extended period of time for negotiation.
BRUCE THIELEN MOVED ADOPT THE RESOLUTION AUTHORIZING
CONDEMNATION OF THE PROPERTY NEEDED FOR THE PATHWAY EFFECTIVE
MARCH 2, 2001 AND ALLOWING CLINT HERBST AND ROGER BELSAAS AND CITY
STAFF TO CONTINUE EASEMENT NEGOTIATIONS UNTIL THAT TIME AND TO
SET A SPECIAL MEETING FOR MARCH 2, 2001 AT 5:30 TO CONSIDER AN
EASEMENT AGREEMENT IF ONE IS NEGOTIATED. ROGER CARLSON SECONDED
THE MOTION. MOTION CARRIED WITH CLINT HERBST AND BRIAN STUMPF
VOTING IN OPPOSITION. Res. 2001-8
9. Consideration of amending purchase agreement for the sale of the former Senior Citizens
Building,
City Administrator, Rick Wolfsteller, stated that in 1999 the City had signed a purchase
agreement with Dennis Anderson for the sale of the old Senior Citizens building but that the
closing on the property had not yet taken place primarily because of on-site parking limitations.
It appears that the abutting property owner will not provide an easement to access parking sites
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Council Minutes - 2/26/01
on the south side of the building. One possible resolution to the parking dilemma would be to
construct angled parking along the boulevard from River Street to the Senior Citizens Building.
City ordinance provides for collecting a parking fee from property owners in the Central
Business District that do not have sufficient on-site parking to be used to acquire land and
construct future parking facilities. Mr. Anderson is agreeable to being assessed for parking
stalls at $1.000 for each stall that the City would construct in front of the Senior Citizens
building which would be approximately 10-12 stalls. Mr. Anderson would like to amend the
purchase agreement to allow him to purchase the property on a contract for deed over 15 years
at 7% interest. The price of theproperty would be $130,000 with an additional $20,000 down
payment to be added to the original $5,000 down payment. The Council discussed the terms
proposed and expressed concern about the term of the contract extending to 15 years.
BRUCE THIELEN MOVED TO ACCEPT THE AMENDED OFFER OF $130,000 FOR THE
FORMER SENIOR CITIZENS BUILDING ON A CONTRACT FOR DEED AT AN
INTEREST RATE OF 7% PER YEAR WITH A $25,000 DOWN PAYMENT AND A
BALLOON PAYMENT AT YEAR EIGHT OF THE CONTRACT WITH A CLOSING DATE
ON THE SALE OF THE PROPERTY OF APRIL 15, 2001. IN ADDITION THE PROPERTY
WILL BE ASSESSED $1,000 FOR EACH PARKING STALL CONSTRUCTED OVER A
PERIOD OF TEN YEARS AT 7% INTEREST. BRIAN STUMPF SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
10. Consideration of adopting corrections to the joint resolution of the City of Monticello and
the Township of Monticello as to the orderly annexation of property.
Included in consent agenda. Res. 42001-9.
11. Approve payment of bills for February.
BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS FOR FEBRUARY.
ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
12. Adjourn.
Mayor Belsaas adjourned the meeting at 8:35 P.M.
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Recording Secretary
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