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City Council Minutes 06-28-1999 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, June 28, 1999 - 7 p.m. Members Present: Roger Belsaas, Roger Carlson, Clint Herbst, Brian Stumpf, Bruce Thielen Members Absent: None Mayor Belsaas called the meeting to order at 7 p.m. and declared a quorum present. _pprova_ o minutes o the reeul,ar meetin „ „ ,,, ,. , „ - ___ _, , g held, May„24, 1999. CLINT HERBST MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD MAY 24, 1999. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. B. Approval of minutes of the continuation of the Board of Review meeting held May 24, 1999. BRUCE THIELEN MOVED TO APPROVE THE MINUTES OF THE CONTINUATION OF THE BOARD OF REVIEW MEETING WITH SPELLING CORRECTIONS. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. C. Approval of minutes of the regular meeting,held June l4,µ,1999. CLINT HERBST MOVED TO APPROVE THE MINUTES OF THE JUNE 14, 1999 REGULAR MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH ROGER CARLSON ABSTAINING. 3. Consideration of adding items to the a e The following items were added to the agenda: a) Consideration of proposed ordinance; b) parking restriction on CSAH 75. This was added to the consent agenda as SJ. c) Draft of TH 25 cooperative agreement and d) Correspondence from property owner on land swap. Jeff O'Neill noted that a draft of the policy language to be considered at the upcoming MOAA meeting on July 7`" was submitted to the Council for their review. 4. Citizen comments/petitions, requests and complaints; None Council minutes - 6/28/99 S. Consent A enda A. Consideration of approving four year agreement with Wright County to perform assessing duties. Recommendation: Approve the four year agreement with Wright County for assessing services. B. Review of the 1999 sealcoating Projects for streets and pathways and consideration of awarding contract. Recommendation: Approve the awarding of the bid for street sealcoating to p'earson Brothers, Inc. based on the unit price of $.64/SY and to award the sealcoating for the pathway portion to Pearson Brothers based on $.82/SY with sweeping included as part of the base bid for both projects. C. Consideration of calling for a public hearing, approving of plans and specifications and authorizing advertisement for bids for reconstruction of a portion of Walnut Street between 6`" Street and 5`" Street (railroad tracks). Recommendation: Approve plans and specifications and authorize advertisement for bids for the Walnut Street Improvement. D. Consideration of approval of plans and specifications and authorizing advertisement for bids for Kjellberg West sanitary sewer extension. Recommendation: Approve plans and specifications and authorize advertisement for bids for the Kjellberg West sanitary sewer extension and authorize the City to initiate enninent domain proceedings in the event the necessary easements are not obtained. E. Consideration of accepting bids and awarding contract for climbing wall -Community Center. Recommendation: Accept the bid and award the contract to the low bidder, Nicros with the standard liability insurance coverage of $2,000,000. F. Consideration of accepting bids and awarding contract far furniture, fixtures and equipment -Community Center. Recommendation: Accept the bids and award the contract to Parameters in the amount of $80,132.02. G. Consideration of approval of final plat and development agreement for River Forest Residential Subdivision Phase II. Recommendation: Approve final plat and development agreement for River Forest Subdivision Phase II. H. Consideration of accepting bids and awarding contract for CSAH 75 Road Improvement Project No. 98-17C. Recommendation: Approve the award of the bid to R.L. Larson Excavating in the amount of $1,856,518.88 for the CSAH 75 Road Improvement Project contingent upon approval by the Wright County Board and other necessary agencies. ~~ 2 Council minutes - 6/28/99 I. Consideration of approving revisions to City/Hospital District Development Agreement relating to CSAH 75 detour. Recommendation: Approve the revised detour location subject to the conditions noted in the letter from the City Engineer with the detour construction costs being the responsibility of the Hospital District. Consideration of approving a resolution to restrict parking on CSAH 75 from Hennepin Street to CSAH 18/CSAH 39. Recommendation: Approve passage of resolution to restrict parking on CSAH 75 from Hennepin Street to CSAH 18/CSAH 39. BRUCE THIELEN MOVED TO APPROVE THE CONSENT AGENDA. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent a enda for discussion None 7. Consideration of audit/financial re ort for 1998 Rick Borden from Gruys Borden Carlson presented the 1998 audit report to the City Council. Mr. Borden summarized the information provided in the report and reviewed accounting procedures used. Mr. Borden then answered questions from the Council pertaining to the audit. BRIAN STUMPF MOVED TO ACCEPT THE 199$ AUDIT REPORT. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Consideration of reviewin rocedures for evaluation of Cit Administrator The Council reviewed the information received on the process for evaluating the City Administrator. There was discussion on setting up a personnel committee consisting of the Mayor and one Councilmember. The committee would conduct the review with input from the full council. After discussion was completed the Council determined that each Councilmember would complete the evaluation form and that review of the City Administrator would be done by the full Council at a closed meeting. The Council will use the evaluation form submitted by the City Administrator as a starting point in the review process. BRUCE THIELEN MOVED TO HOLD A SPECIAL CLOSED MEETING ON SEPTEMBER 13, 1999 AT 5 F.M. FOR THE PURPOSE OF EVALUATION OF THE CITY ADMINISTRATOR. CUNT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Council minutes - 6/28/99 9. Consideration of a rovin Chan e Order #9 Pool Construction relatin to Bela of Communit Center Although a representative from Ankeny, Kell Architects was not present at the meeting, information from their office regarding the change order was submitted. The change order was to cover overtime costs and other expenses to assure that the pool was constructed on schedule even though the City had delayed the construction of the facility. It was noted that there is no provision in the contract far liquidated damages if the contractor does not complete the work on schedule. The Council expressed their concern about what position the City would be in if the work was not completed on schedule. Fred Fatch indicated that it would be likely that the City could end up in arbitration in that situation. Clint Herbst stated that he felt a representative from AKA should have been in attendance at the meeting. He also questioned whether the overtime in the change order was tied only to the pool being completed or if it was tied to the completion schedule of the facility. BRUCE THIELEN MOVED TO APPROVE CHANGE ORDER #9 FOR $90,209.00 SUB.IECT TO THE FOLLOWING CONDITIONS: 1. The detail schedule prepared by Pool construction, Inc. with completion dates for all portions of their work has been reviewed. The owner and architect will monitor the work according to this schedule. 2. The agreed overtime pay for the pool construction work will be paid as long as the project schedule is maintained. The City retains the right to deduct an appropriate amount of overtime pay that they have agreed to for any delays in the completion of the building beyond the current scheduled completion date (as prepared by Donlar) duo to delays in the pool construction. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. 10. Consideration of a request from the HRA for Council direction relating to TIF assistance for market rate housing. The Council discussed the request for direction and the consensus of the Council was that they were not interest in subsidizing entry level housing. There was discussion on what constituted market rate housing and on the proposals that are before the HRA. The Council questioned haw many rental units a city the size of Monticello should have. It was felt that the hauling study would answer this question and other questions raised by the Council. BRUCE THIELEN MOVED THAT IN ORDER TO UNDERSTAND THE HOUSING NEEDS OF THE CITY, THE HRA IS DIRECTED TO CONDUCT A HOUSING STUDY. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4 Council minutes - 6/2$/99 11. Consideration of a city ordinance amending,Title 7, Chapter 1, Section_7=1__3~A) of the Monticello Ordinance b~blishing re 7u~ lations~rohibiting vehicles that are considered a public nuisance. Fred Patch summarized the proposed ordinance amendment stating that it would clarify the ordinance so that either unlicensed vehicles or inoperable vehicles were covered under the ordinance provisions. CLINT HERBST MOVED TO ADOPT TFIE ORDINANCE AMENDING CHAPTER 1, SECTION 7-1-3: PUBLIC NUISANCE (A) PROVIDING A CLARIFICATION TO THE DEFINITION OF VEHICLES THAT ARE CONSIDERED PUBLIC NUISANCES. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11.1 Consideration of Ordinance relating to removal of appointed commission members At the request of Councilmember Stumpf, an ordinance had been prepared by the City Attorney to consider the removal of appainted commission members at the discretion of the Council by a majority vote. Rick Wolfsteller noted that when the matter was first discussed in May, the Council voted not to pursue it at that time. The matter was intitiated at this time by Brian Stumpf because of his prior vote not to consider the ordinance. Because of action by the City's representative on the MOAA Board, the Council felt the ordinance should be looked at again. Bruce Thielen stated his BRIAN STUMPF MOVED TO BRING OF FOR COUNCIL CONSIDERATION THE MATTER OF REMOVING APPOINTED COMMISSION MEMBERS. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. belief that continuing with the MOAA was more restrictive than the state statutes and he felt that maybe it was time for a separation from the MOAA. It was felt that the City's representative on the MOAA Board, Clint Herbst, was not reflecting the majority view of the Council and should be removed. BRUCE THIELEN MOVED TO ADOPT THE ORDINANCE AS PRESENTED AND TO DIRECT THE CITY ADMINISTRATOR TO PUBLISH THE ORDINANCE AS REQUIRED. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. BRUCE THIELEN MOVED TO HOLD A SPECIAL MEETING ON THURSDAY, JULY 1, 1999 AT 5 P.M. TO CONSIDER REMOVAL OF AN APPOINTED REPRESENTATIVE TO THE MOAA BOARD. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH CLINT HERBST ABSTAINING. 11.2 Library Repairs Fred Patch updated the Council on the bids far the library repair work. Six firms were contacted Council minutes - 6/28/99 about bidding on the repair work but only one firm responded. BRUCE THIELEN MOVED TO REJECT THE BID ON THE LIBRARY REPAIRS AND DIRECTED THE STAFF TO REBID THE PROJECT. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11.3 TH 2S Cooperative Agreement Rick Wolfsteller submitted a cost split that MnDOT is proposing on the TH 2S project. It was recommended that the Council approve the agreement subject to further staff review. BRUCE THIELEN MOVED TO APPROVE AGREEMENT #79-100 CONTINGENT UPON CITY ENGINEER AND CITY STAFF REVIEW. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11.4 Land Swap,_-_TH 2S Project The City has initiated condemnation proceedings for property along the west side of TH 2S to acquire the land for panding purposes. The property owner has proposed a settlement option to swap the panding easement for a piece of property that the City owns which is located on the Remmle praperty. The letter from Mr. Wolter is requesting a response from the City on the proposed swap. BRIAN STUMPF MOVED TO DIRECT THE CITY ADMINISTRATOR TO RESPOND TO THE PROPERTY OWNER THAT THE CITY IS NOT INTERESTED IN THE PROPOSED LAND EXCHANGE. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Payment of bills BRUCE THIELEN MOVED TO APPROVE THE PAYMENT OF BILLS AS PRESENTED. CUNT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Mayor Belsaas questioned the City Engineer on the routing of the TH 25 construction project. Bret Weiss replied that it was designed in conformance with uniform ttaff c control procedures. It was set up to minimize the number lane changes the vehicle would have make. Bret Weiss indicated that MnDOT was looking at the timing of the lights utilizing their computer at the St. Cloud facility. Brian Stumpf updated the Council on the Fire Department's handling of the situation. The Fire Department currently has two vehicles located at the township hall and there is approximately 8-10 firefighters living on the south side of the freeway who will respond to the township hall. There was additional discussion on the traffic routing far the project and the timing of the lights. The staff was directed to follow up on this matter. It was also b Council minutes - 6/28/99 reported that the stop signs had been erected at 6`h and Walnut. BRIAN STUMFF MOVED TO ADJOURN AT 8:55 P.M. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. s a Dawn Grossinger Recording Secretary [7 7