City Council Minutes 12-27-1984 SpecialMINUTES
SPECIAL MEETING - MONTICELLO CITY COUNCIL
December 27, 1984 - 5:00 P.M.
A special meeting of the City Council called by Mayor Grimsmo
was duly held at 5:00 P.M., December 27, 1984, in the City Hall.
Members Present were: Grimsmo, Maus, Blonigen. Members Absent were:
Maxwell and Fair. Also present were Public Works Director,
John Simola; City Attorney, Gary Pringle; and Administrator Eidem.
The Mayor called the meeting to order and indicated that the
sole reason for the meeting was to discuss the acquisition of
Lots 2, 31 4, and 5 of Block 12, Original Plat of Monticello,
as a potential site for Fire Hall construction. The Mayor asked
Public Works Director Simola to report on the soils testing.
Mr. Simola stated that the report found that the site was primarily
loose and sandy and would require excess compaction in the area
of the building and under portions of the parking lot and driveways.
He indicated that the testing firm had recommended a stripping
away of the top 11, to 3 feet to be replaced by higher quality
fill suitable for construction. Simola also noted that there
had been some contamination discovered and that the contamination
was primarily fuel oil. He indicated that the extent of the
contamination cannot really be gauged without further testing,
and perhaps some excavation. Simola stated that the type of
clean up that would be required from the Pollution Control Agency
cannot be determined until the extent of the contamination is
known. He noted that some clean up may simply be a removal
of the contaminated material and then stock piled at some place
where it will not leach into the subsurface. He indicated that
other processes have been to spread polluted material under
roadways in thin layers. He noted that the worst case would
be that the contaminated material would have to be hauled to
a hazardous waste site. In his estimation, the severity of
this problem would not require the latter type of solution.
Simola did note that the City must notify the Pollution Control
Agency, and that if we chose not to contact them at this time,
the soils testing lab is required by state regulations to notify
PCA.
There was a brief discussion of the other bulk fuel plants in
the area. It was the Council's position that the City would
report to the PCA only insofar as it concerns the site that
the City is interested in acquiring. The Council felt that
it was not their position to report any other bulk plants on
the basis of mere speculation derived from the results of the
tests on this particular site. They agree that if the PCA responds
and initiates investigations of the other bulk plants, then
that is the PCA's responsibility and not the City Council's.
Special Council Minutes - 12/27/84
The Mayor asked City Attorney Pringle to go over some of his
concerns about the transfer of the parcel. Pringle noted that
there is currently a mortgage against the property, the status
of which must be clearly determined prior to the closing of
any contract for the land. Pringle also noted that there are
outstanding assessments against the property that the current
owner, Jean Brouillard, has indicated should be City responsibility.
Mr. Pringle noted that there is a lease agreement with Jim Moores,
the operator of JM Oil, who is currently occupying the site.
Pringle noted that an agreement will have to be drafted so that
Jim Moores will legally release his right to use the land.
There was a brief discussion with respect to the City assisting
in Mr. Moores' relocation effort. Eidem commented that he had
met with Mr. Moores and indicated that the City would do whatever
it could to help him secure an alternate site for his bulk plant.
Eidem indicated that a proposal would be made to the HRA, who
may be able to investigate a land trade. Councilmember Maus
raised a question of the City purchasing some land in the industrial
park and leasing it to various bulk fuel operators. It was
Maus's opinion that regulatory control could be more closely
monitored under a City owned project and that a lease arrangement
of this sort might further facilitate the relocation of not
only the existing bulk plant, but of all bulk plants encroaching
on the Downtown Commercial Business District. Eidem agreed
to investigate this procedure further. With respect to actual
relocation assistance for Mr. Moores, the Council authorized
Pringle to offer a total of 8 hours usage of the City's loader,
including an operator. Mr. Simola felt that the assistance
we could lend would be limited to use of the loader and stated
that he was willing to provide those 8 hours.
Pringle returned the discussion to the matter of the contamination.
He indicated that Mr. Brouillard expected to receive his selling
price with no future obligations. Pringle indicated that Brouillard
wished to receive the selling price and be freed from any responsibility
towards contamination clean up or other alterations that may
have to be made to the site to make it suitable for development.
Concern was expressed by all Council members as to the extent
of clean up that might be required once the ground is opened
up. Councilmember Blonigen felt there should be some kind of
spending limit dedicated to clean up that the City would be
responsible for, that should the extent of the clean up exceed
this particular limit, the City would have the right to go back
to the seller to recover some expense. Pringle indicated that
Mr. Brouillard simply wouldn't sign the contract under any other
condition than as stated. Pringle noted that Brouillard has
made an offer to the City and expressed his terms. The City
now has to react to that offer and choose to either accept or
reject the conditions. Pringle stated it was his understanding
from a meeting with Mr. Brouillard that should the City reject
the conditions at this time, the sale is off. Mayor Grimsmo
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Special Council Minutes - 12/27/84
turned the discussion back to consideration of the offer and
stated that the Council was faced with the decision of finding
a site for the Fire Hall. He felt that the site in question
was a good site for Fire Hall location and that the offer was
an acceptable one in spite of the unknown factor relating to
contamination. Reiterating his position on governmental conscience
taking the lead to secure clean up of the site, he indicated
he would like to see the Council take action on this acquisition.
He felt that constant debate over every detail could jeopardize
the sale of the land and postpone the construction of the Fire
Hall in the long run. He felt that enough time had been put
into site selection and that a suitable site had been found,
and we should investigate the final sale.
City Attorney Pringle wished to raise one more concern that
he had with reference to certain qualifications that showed
in the abstract. Pringle indicated that Mr. Brouillard had
accepted a deed when he bought the property subject to certain
limitations, and that the deed conveyed to the City would carry
those same limitations. He noted that his primary concern came
from a phrase that indicated the property was subject to certain
limitations which may not be recorded but which might be revealed
by a survey. He indicated that he didn't anticipate any problems
from such a qualification to the deed, and the Council concurred.
Motion by Maus to acquire Lots 2, 3, 4, and 5, in Block 12,
Original Plat of the City of Monticello, for the sum of $100,000.00,
and further, authorizing City Attorney Pringle to negotiate
and prepare a Contract for Deed addressing all City concerns
and to be executed by the Mayor and City Administrator. Motion
was duly seconded by Blonigen. Voting in favor: Grimsmo, Maus,
and Blonigen. Voting in opposition: None. Motion passed unanimously.
There being no other business to be held in this special meeting,
the Mayor adjourned the meeting.
r
Thomas A. Eide
City Administrator
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