Loading...
City Council Minutes 11-25-2002MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, November 25, 2002 - 7 p.m. Members Present: Roger Belsaas, Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen. Members Absent: None 1. Call to Order and Pledge of Allegiance. Mayor Belsaas called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of special meeting to canvass election results. CLINT HERBST MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING TO CANVASS ELECTION RESULTS. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. B. Approve minutes of special meeting for 2003 budget workshop ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING FOR THE 2003 BUDGET WORKSHOP. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. C. Approve minutes of November 12, 2002 regular Council meeting. CLINT HERBST MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 12, 2002 REGULAR COUNCIL MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to theagenda. Bruce Thielen added discussion of the proposed mediated settlement on the WWTP litigation to the agenda and Clint Herbst added discussion of the sidewalks. 4. Citizen comments/petitions, requests and complaints. None. Council Minutes - 11/25/02 15. Consent ALFenda: A. Consideration of ratifying new hires as identified. Recommendation: Ratify new hires for the Community Center as identified. B. Consideration of approving personnel policy language revisions for sick leave severance benefits. Recommendation: Approve the personnel policy revisions that would require any sick leave benefits paid upon severance of city employment be contributed to the MSRS in the employee's name. C. Consideration of accepting 1 quarter liquor store report. Recommendation: Accept the financial report as presented for the first nine months of 2002. D. This item was pulled from the agenda. E. Consideration of authorizing expenditure for future fireworks displays at River Fest. Recommendation: Authorize an expenditure for 2003 in accordance with the budget for $8,000 for the River Fest fireworks and approve a commitment for two additional years at the same amount. BRIAN STUMPF MOVED TO ADD AGENDA ITEM 47, CONSIDERATION OF APPROVAL OF WINE/STRONG BEER LICENSE FOR CROSTINI GRILLE & PIZZERIA AND AGENDA ITEM #10, CONSIDERATION OF APPROVING SUPPLEMENTAL AGREEMENTS FOR PEDESTRIAN BRIDGE AT CSAH 18, PROJECT NO. 98-02C TO THE CONSENT AGENDA. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. BRUCE THIELEN MOVED TO APPROVE THE CONSENT AGENDA AS AMENDED. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. None. 7. Consideration of approval of wine/strong beer license for Crostini Grille & Pizzeria. Approved with consent agenda. 8. Report on MOAA litigation and review and confirmation of annexation procedures. Deputy City Administrator, Jeff O'Neill reported on the court ruling relating to the validity of the City's orderly annexation agreement with the township. He summarized the court's findings and 2 Council Minutes - 11/25/02 noted that if the township did not appeal the ruling would go into effect within 30 days. The City has received a number of annexation requests and the Council is being asked to review the procedures for handling the annexation petitions. The Council can consider different options. The annexation request should be compared to the City's policy for properties for annexation and then annexed according to state statutes. Another option would be to take those areas adjacent to the City requesting annexation and present them to the township. These would be properties that would have been in the original orderly annexation agreement. The City would also establish a task force to discuss formulation of a new orderly annexation agreement with the township. Brian Stumpf asked how an appeal of the court ruling by the township would affect any future annexations. If the township appeals it would unlikely that the State Planning Board would consider any annexations until the appeal has been decided and any actions taken by the Council at this meeting would not go into effect until after the 30 day period. Jeff O'Neill reviewed the criteria for annexation which includes the use of the property being consistent with the City's comprehensive plan, availability of utilities to the property and some progress having been made on a preliminary plat. Based on these criteria, Jeff O'Neill reviewed the sixteen properties that had submitted requests for annexation and split them into properties that were ready for annexation and those that would be future candidates for annexation. BRUCE THIELEN MOVED TO ACCEPT THE PETITIONS FOR PARCELS #2,#3,#4, 45, #6, # 12, # 15 AND # 16 AS BEING READY FOR IMMEDIATE ANNEXATION AND AUTHORIZE STAFF TO CONTACT THE TOWNSHIP REGARDING A SIMPLE ORDERLY ANNEXATION AGREEMENT GOVERNING THOSE PARCELS THE CITY CONSIDERS READY FOR IMMEDIATE ANNEXATION. THIS MOTION REPRESENTS APPROVAL OF THE JOINT RESOLUTION SUPPORTING ANNEXATION OF THE PARCELS IDENTIFIED ABOVE. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Roger Carlson asked who would be bringing this to the township. The staff will prepare the agreement for orderly annexation but representatives from the Council would bring the matter to the township. Brian Stumpf and Bruce Thielen indicated they would be willing to take this to the township. ROGER CARLSON MOVED TO SET UP A TASK FORCE CONSISTING OF BRIAN STUMPF, BRUCE THIELEN AND CITY STAFF TO MEET WITH THE TOWNSHIP REGARDING ANNEXATION ISSUES. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3 Council Minutes - 11/25/02 9. Consideration of accepting provisions allowing for sanitary sewer connection - Kjellberg's West Park. City Engineer, Bret Weiss updated the council on a recent meeting with representatives from the Department of Health, the PCA, the City and Kjellberg's Inc. Kjellbergs are asking that the City allow them to fill portions of the sanitary sewer pipe with concrete rather than remove the pipe in its entirety. Bret Weiss noted that he had just received the plans today from Kjellberg's engineer and had not yet reviewed them. Bret Weiss will contact Kjellberg and review the site and then make a determination as to what portion of pipe should be filled. Brian Stumpf asked whether it would be easier for Kjellberg's to remove the pipe or fill it. Bret Weiss pointed out that there are other utility lines in place in that area and if you removed the pipe you would have to work around those lines. Clint Herbst asked about the amount of pipe that was proposed to be filled. General discussion followed as to how much pipe would need to be filled to ensure that the line is not used for connection to the sewer system. Bret Weiss felt that filling a random number of segments with concrete would be sufficient to keep the line from being connected. Brian Stumpf stated that he would prefer having the pipe removed because it would provide greater assurance that the pipe would not be used. Clint Herbst concurred. Bruce Thielen stated a pollution problem exists because the sanitary sewer system is inadequate. Bret Weiss estimated there is approximately 2500 feet of 6" pipe that is in place. It was noted that the cost of filling the pipe with concrete would be borne by Kjellbergs. CLINT HERBST MOVED TO ALLOW AN AMENDMENT TO THE SETTLEMENT AGREEMENT ALLOWING THE EXISTING PIPE TO BE CAPPED AND FILLED WITH CONCRETE AT RANDOM POINTS AS DETERMINED BY THE CITY ENGINEER IN SUCH A MANNER AS TO RENDER IT USELESS. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Adds - l TtPmc- Settlement WWTP - Bruce Thielen stated that the City Council had met in a closed session on November 25, 2002 from 6:15 to approximately 6:45 to discuss a mediated settlement on litigation involving the inproheat system for the wastewater treatment plant. BRUCE THIELEN MOVED TO ACCEPT THE MEDIATED SETTLEMENT AGREEMENT WHICH PROVIDES FOR $723,000 COMING BACK TO THE CITY, VERIFICATION OF CERTIFICATE OF RETAINAGE FOR $10000 AND ADOLFSON AND PETERSON TRANSFERRING ANY WARRANTY RIGHTS TO THE GRIT WASHER AND GRIT REMOVER. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. It was noted that this settlement would finalize the portion of the lawsuit relating to Class A sludge production. M Council Minutes - 11/25/02 Sidewalks - Clint Herbst asked about the sidewalks segments that had been removed and were now being replaced with bituminous. John Simola, Public Works Director, stated that Minnegasco had removed the sidewalk and stated they were not aware that it was their responsibility to replace them. They are in the process of doing so now, but because they will have further work to do in the spring they are filling it with bituminous rather than concrete. When the work is completed the bituminous sidewalk sections will be replaced with concrete. 10. Consideration of approving supplemental agreements for pedestrian bridge at CR 18, Project No. 98-02C. Approved with consent agenda. 11. A )rove payment of bills for November. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF BILLS FOR NOVEMBER. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Adjourn. BRUCE THIELEN MOVED TO ADJOURN AT 7:40 P.M. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary r- ( MINUTES SPECIAL MEETING - MONTICELLO CITY COUNCIL Tuesday, November 12, 2002 - 5:30 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 5:30 p.m. and declared a quorum present. 2. Canvass of 2002 Election, The Council canvassed the results of the 2002 municipal election. Based on the election results, Bruce Thielen was elected to the position of Mayor, a two year term, and Brian Stumpf and Glen Posusta were elected to the Council for a four year term. BRUCE THIELEN MOVED TO ADOPT RESOLUTION NO. 2002-71 CANVASSING THE ELECTION RESULTS OF NOVEMBER 5, 2002 AND DECLARING BRUCE THIELEN TO BE ELECTED AS MAYOR AND BRIAN STUMPF AND GLEN POSUSTA TO BE ELECTED TO THE CITY COUNCIL. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Adjourn. The meeting was adjourned at 5:40 p.m. Recording Secretary 1