City Council Minutes 11-23-1998
MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, November 2~, 1998 - 7 p.m.
Members Present: Bill Fair, Brian Stumpf, Bruce Thielen, Roger Carlson, Clint Herbst
Members Absent: None
2. A royal of minutes of the re ular meetin held November 9 1998.
A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY CL~LNT HERBS'I' TO
APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING HELD
NOVEMBER 9, 1998, AS WRITTEN. Motion carried unanimously.
Consideration of adding items to the a eg nda.
A. Bret Weiss asked for consideration of setting a date to continue the public hearing
for the Highway 2S praject. See Item #13.
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4. Citizens comments/ etitions re uests and com 1 rots.
A. Councilmember Bruce Thielen noted that emotions ran high at the previous
meeting and he apologized for comments that may have offended the Council
members or citizens of the community.
B. Jeff Michaelis offered comments against approval of the community center
project regarding parking and fire hall proximity to proposed building and the
financing plan being considered. by the City.
C. Jeff Burns commented in favor of the community center, that a community center
is the right thing to do, this is the right time to do it, parking is sufficient, and the
location is in accordance with the City's Redevelopment Plan.
D. Scott Douglas commented against the community center noting an article in the
St. Cloud Times regarding deregulation of utilities and the possible future effect
on funding the debt service on the community center.
E. Dave Kinnard commented on Monticello's spiritual heritage and sense of
togetherness. He asked for all to work together on the community center project.
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F. Peter Thielen and Andy Berg (students) stated that the community center would
be a good resource for kids and everyone else.
G. John Sandberg spoke against the community center praject. He stated he supports
having a good city hall but went on to state that the dollar amounts are not
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Council Minutes - 11/23/98
accurate on the sheet prepared to show what has been expended to date. He also
questioned the financing plan using short-term financing without knowing what
future holds.
11. Doug Franks stated his displeasure with building a community center without a
referendum.
Consent agenda.
Public Works Director John Simola requested that item SB be removed from the consent
agenda.
A. Consideration of anbroving ltluor license transfer -Comfort Inn Motel.
Recommendation: Approve the on-sale liquor license transfer at the Comfort Inn
Motel from Sandip Bhakta to Arlo Johnson.
B. Consideration of Chan e Order No. 17 for Cit Pro'ect 93-14C Ex ansi n of
Wastewater Treatment Facilitv. Removed from. consent agenda for discussion.
C. Consideration of reviewing state bids for sewer cleaning eauiument and award of
contract for purchase. Recommendation: Award the contract for purchase of a
new sewer cleaning machine to the low bidder, ABM Equipment, for the new
Vac-Con unit on the 1999 International Chassis for a full purchase price,
including trade and sales tax, of $181,447.25. The City does reserve the right to
sell either our old jet or vac-all to another buyer for a higher value than that
offered by ABM.
D. Consideration of acceutance of River Mi112°d Addition. Cit~Pro1ect 97-1 l P.
Recommendation: Accept the project as constructed and initiate the warranty
:period subject to the developer paying all appropriate fees and providing the
maintenance bond.
E. Consideration f final a ment and acre tance of trunk storm sewer -Monticello
High School, Recammendation: Accept the project as .constructed, process final
payment, and initiate the warranty period.
F. Consideration of a ointin Mike C r to the Desi n A visor Team.
Recommendation: Appoint Mike Cyr to the Design Advisory Team.
G. Consideration of authorizing the removal of abandoned. BNSF railroad spur and
Nelson Oil bulk tanks and structures. Recommendation: Authorize staff to
contract for the removal and demolition of the abandoned Nelson Oil bulk oil
facility in an amount not to exceed $12,000.
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Council Minutes - 11/23/98
A MOTION WAS MADE BY GLINT HERBST AND SECONDED BY BRUCE TI-IIELEN 'I'O
ADOPT ITEMS SA, SC, SD, SE, SF, AND SG OF THE CONSF..NT AGENDA AS
RECOMMENDED. Motion carried unanimously.
6. Consideration of items removed from the consent agenda for discussion.
SB. Consideration of change order no. 17 for project #93-14C, expansion of the
wastewater treatment facility.
Public Works Director John Simola noted that Clyde Terwey of Adolfsen-
Petersen requested that the retainage be reduced from 4% to 2%. Councilmember
Clint Herbst asked how close the project was to completion. John Simola
answered that testing has to be completed yet. Mayor Bill Fair thought the City
should wait for the request to be sent in writing before it is presented to the
Council for consideration.
A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE
THIELEN TO APPROVE CHANGE ORDER #17 FOR EXPANSION OF THE
WASTEWATER TREATMENT FACILITY. Motion carried unanimously.
7. Public Hering -Consideration of vacating_a portion of the 5 1/z Street roadway easement
an_d consideration of vacating Locust Street between Burlington Northern property and 6`r
Street.
Deputy City Administrator Jeff O'Neill gave a presentation explaining the request from
Burlington. Northern and the City. He showed the area affected and noted. that the
vacation would provide a continuous land area for the community center site.
Mayor Fair opened the public hearing.
Jeff Michaelis, operator of a business on 5 '/2 Street, questioned whether the street would
be closed if the community center project (Item #8) is not approved. He requested
consideration of making this item contingent on approval of item #8.
Mayor Fair closed the public hearing.
Councilmember Clint Herbst commented that he felt the Michaelis request for
contingency is reasonable. Jeff O'Neill commented that it could be added to the
recommended motion.
A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY GLINT HERBST TO
VACATE 5 '/z STREET BETWEEN WALNUT AND LOCUST STREET AND TO VACATE
LOCl1ST STREET BETWEEN 6T" STREET AND THE BURLINGTON NORTHERN
PROPERTY, CONTINGENT ON APPROVAL OF ITEM #8 IN THE COUNCIL AGENDA OF
11/23/98. Motion carried unanimously.
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Council Minutes - 11/23/98
8. Consideration of a resolution authorizin the execution and deliver of a round lease
and alease- urchasc a reement and a rovin and authorizin issuance of ublic ro'ect
revenue bonds and execution of related documents.
Deputy City Administrator ,Leff O'Neill deferred to Rusty Fifield, F;hlers & Associates,
for presentation. Mr. Fifield updated the City Council on the resolution for temporary
bands and changes to the financing plan. He noted that the Housing and Redevelopment
Authority had passed the same resolution at their earlier meeting. Mayor Fair asked if the
bonds could be refinanced for permanent financing at any time. Fifield replied that the
law allows for "advanced refunding" which permits bonds to be refinanced prior to their
coming due, which would allow the City to take advantage of favorable interest rates in
the future.
A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO
DENY ADOPTION OF A RESOLUTION AUTHORIZING THE EXECUTION AND
DELIVERY OF A GROUND LEASE AND ALEASE-PURCHASE AGREEMENT, AND
DENY APPROVAL AND AUTHORIZATION TO ISSUE PUBLIC PROJECT REVENUE
BONDS AND EXECUTE RELATED DOCUMENTS. Voting in favor: Clint Herbst, Brian
Stumpf. Voting against: Bill Fair, Roger Carlson, Bruce Thielen. Motion failed.
A MOTION WAS MADE BY BRUCE THIELEN AND SECOND BY ROGER CARLSON TO
ADOPT A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A
GROUND LEASE AND ALEASE-PURCHASE AGREEMEN'T', AND APPROVE AND
AUT.I-IORIZE THE ISSUANCE OF PUBLIC PROJECT REVENUE BONDS AND
EXECUTION OF RELATED DOCUMENTS. Voting in favor: Bill Fair, Rager Carlson,
Bruce Thielen. Voting against: Clint Herbst, Brian Stumpf. Motion carried.
SEE RESOLUTION 98-53.
9. Public Hearing -Adoption of proposed assessment roll for delinquent accounts receivable
bills and certification of assessment rolls to County Auditor.
City Administrator Rick Walfsteller explained that the delinquent accounts relate to past
due utility billing and miscellaneous bills which are now eligible to be certified as
assessments on 1999 taxes. He asked Chief Building Official Fred Patch to comment on
what constituted a charge far a storm permit, as there were a number of them included an
the list. Patch explained that the City Council (after the July 1, 1997, storm) had set a
policy allowing permits at no charge far non-structural, cosmetic repairs an residential
properties. Cauncilmember Clint Herbst asked if fees were only waived. for residential.
Patch explained that was true. Businesses required inspections that would have resulted
in a cost to the City and, therefore, were not waived.
Mayor Fair opened the public hearing.
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Council Minutes - 1.1 /23/98
Ray Schmidt of Ray-Wes Partnership explained that storm damages to his building were
only cosmetic (replaced siding and overhead door), that he had been told there would be
no charge for the permit, and that he didn't recall seeing any inspectors on the property.
He asked for the tees to be waived.
Mayor li air closed the public hearing.
Councilmember Clint Herbst asked what effect it would have if this one account was
waived. Patch replied that 8-10 other permits could be affected. Councilmembers
debated whether it would set a precedent to waive the fees in this case.
A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN S'I'UMPF TO
ADOPT'fHE ASSESSMENT ROLL FOR THE DELINQUENT CHARGES BUT WAIVE THE
FEES FOR RAY-WES PARTNERSHIP.
Bill Fair stated that he felt the case could be justified if the permit was approved prior to
Council clarification on storm permits; otherwise he felt that a precedent would be set.
Voting in favor of the motion: Bruce Thielen, Clint Herbst, Brian Stumpf, Roger Carlson.
Voting against: Bill Fair. Motion carried. SEE RESOLUTION 98-54.
10. Consideration of annroving an increase in sewer and water usage rates for 1999.
Public Works Director John Sirnola explained that the request for an increase in water
and sewer usage rates was made prior to receiving new information from the City
Administrator which showed additional revenue sources that he was not aware of: He
recommended that water and sewer rates not be increased at this time.
A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO
HAVE NO FURTHER INCREASE IN EITHER THE WATER OR SEWER USAGE RATES
AT THIS TIME. Motion carried unanimously.
11. Consideration ~ advertising_for additi~al full-times parks employ.
Public Works Director John Simola noted that Council action in February 1998 approved
a plan for one additional parks worker than utilized currently. He also explained
suggested changes in the organizational chart for Public Works, including moving a
person to shop maintenance and adding a parks maintenance worker. Councilmember
Clint Herbst asked if it was necessary to obtain. a new worker prior to spring. Park
Superintendent Greg Engle explained that the reason for hiring a new person at this time
is to be able to maintain better rinks and get them used to the system prior to spring.
Councilmember Bruce Thielen stressed the need for better maintenance of rinks and
sidewalks. Councilmember Clint Herbst asked if the pathway is being cleared. Greg
Engle responded with an explanation of the plan to maintain rinks, pathways, and
sidewalks in conjunction with the necessary street clearing after snow storms.
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Council Minutes - 11/23/98
A MO"I"ION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO
AUTHORIZE ADVERTiSF.,MENT FOR AN ADDITIONAL PARKS WORKER WITH TIIE
INTENTION OF HIRING IN LATE DECEMBER OR EARLY JANUARY. Motion carried
unanimously.
12. Consideration of bills for the last half of November. 1998.
A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON
"I"O APPROVE THE BILLS FOR THE LAST HALF OF NOVEMBER AS PRESENTED.
Motion carried unanimously.
13. Other matters.
A. Consideration of continuing the public hearing on the Highwa,~project.
City Engineer Bret Weiss explained that a date should to be set to continue the
public hearing on the Highway 25 project and recommended that could be done at
the December 14 meeting. Mayor Fair asked if preliminary assessment rolls
would be ready. Bret Weiss indicated that would be done.
A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE
THIELEN TO CONTINUE T)"IE PUBLIC HEARING ON THE HIGI-IWAY 25
PROJECT ON DECEMBER 14, 1998. Motion carried unanimously.
A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO
ADJOURN THE MEETING. Motion carried unanimously.
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Cat enne M. Shuman
Finance Assistant/MIS
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