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City Council Minutes 06-09-1997MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, June 9, 1997 - 7 p.m. Members Present: Bill Fair, Clint Herbst, Roger Carlson, Bruce Thielen Members Absent: Brian Stumpf 1. Aproval of minutes of the special meeting held May 7, 1997. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO APPROVE THE MINUTES OF THE BOARD OF REVIEW MEETING AS SUBMITTED. Motion carried unanimously. 2. Approval of minutes of the special meeting held May 20, 1997, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO APPROVE THE MINUTES OF THE SPECIAL JOINT COUNCIL/TOWNSHIP BOARD MEETING AS SUBMITTED. Motion carried unanimously. 3. Approval of minutes of the special meeting held May 21, 1997. Bill Fair requested that the sixth paragraph be changed by clarifying that he has reviewed the governance policy several times and that he was not involved in drafting the policy. A MOTION WAS MADE BY BILL FAIR AND SECONDED BY ROGER CARLSON TO APPROVE THE MINUTES OF THE SPECIAL COUNCIL WORKSHOP MEETING WITH CHANGES AS REQUESTED. Voting in favor: Carlson, Thielen, Fair. Abstain: Herbst. Motion passed. 4. Approval of minutes of the regular meeting of the City Council held May 27, 1997 A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRUCE THIELEN TO APPROVE THE MINUTES OF THE REGULAR MEETING AS SUBMITTED. Motion carried unanimously. 5. Consideration of adding items to the agenda. No items added. 4. Citizens comments/petitions, requests, and complaints. None. Page 1 Council Minutes - 6/9/97 5. Consent agenda. Rich Cline requested that item 5B be removed from the consent agenda for discussion. A. Consideration of authorizing a one -day farmer's market and exemption of permit fee Applicant, Monticello Mall Merchants Association. Recommendation: Approve the issuance of a 1 -day farmer's market permit for the Monticello Mall Merchants Association as part of the August 9 all -city garage sale event and waive the permit fees. B. Consideration of final payment for water towerau int project Project 96-09C - Pittsburg Paint and Tower. Removed from the consent agenda for discussion. C. Consideration of final payment for Project 93-14C, First Stage Digester Cover - Gridor Construction. Recommendation: Authorize payment to Gridor Construction in the amount of $67,846. D. Consideration of change order #3 for Project 93-14C Wastewater Treatment Plant Expansion - Adolfson & Peterson. Recommendation: Approve change order #3 to the contract with Adolfson & Peterson in the amount of $4,839. E. Consideration of approval of final plat, development agreement, and disbursement agreement governing phase I of Klein Farms III residential subdivision. Recommendation: Approve the final plat, development agreement, and disbursement agreement governing phase I of Klein Farms III residential subdivision with additional provisions governing lease agreement for storage building and developer warranty that the residential structure will be vacant. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO ADOPT THE CONSENT AGENDA AND ASSOCIATED RECOMMENDATIONS WITHOUT ITEM 5B. Motion carried unanimouly. 6. Consideration of items removed from the consent agenda for discussion. 5B. Consideration of approving final payment for water to it pr!pjP&t,,_PrQJect 96-09C - Pittsburg Paint & Tower. Business owners affected by the painting project were present to discuss concerns regarding the manner in which the project was completed. Rich Cline detailed his concern regarding the parking problems created by the painting crew. He noted that he understands Page 2 Council Minutes - 6/9/97 and supports closing the parking while painting was being done. However, the painters tied up the lot for long period of time for no reason which hurt his business. The work was not completed within the time frame specified by the City. Mike Krutzig and Cheryl Wolff both concurred with Cline noting that the painting operation was not sensitive to the needs of their businesses. The City should consider withholding payment equal to or a portion of the penalty for not completing the project on time. (Penalty was $50 per day for every day beyond the completion date.) Councilmember Bruce Thielen suggested that we discuss this matter with the City Attorney to see what can be done and determine who is liable for business losses associated with the painting process. He suggested that the property owners document the problems that were created and identify their losses. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO TABLE DISCUSSION AND REFER THE MATTER TO THE CITY ATTORNEY. Motion carried unanimously. Affected property owners were requested to document concerns. 7. Consideration of a request by property owner for reconsideration of amending urban service boundary and annexation - Art Anderson. City Administrator Rick Wolfsteller noted that the Council had previously voted to approve reconsideration of the Art Anderson annexation request. However, reconsideration is to occur after the joint City/Township study of the entire OAA and Urban Service areas. Wolfsteller noted that he informed the applicant that the joint study is not complete, and that it is not likely that the annexation request will be addressed until the joint study is complete. Wolfsteller noted that the developer insisted that the item be placed back on the agenda for consideration anyway. Richard Hocking requested that the City Council simply place the matter in the hands of the Municipal Board. The applicant has already waited for a long time for approval of the annexation. This request should be addressed prior to completion of the City/Township study. Clint Herbst asked why we are even spending time on this when we are looking at the issue. Bill Fair noted that we grant the courtesy to anyone who wishes to speak before the Council. Page 3 Council Minutes - 6/9/97 A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRUCE THIELEN TO NOT RECONSIDER THE URBAN SERVICE BOUNDARY LINE ADJUSTMENT TO INCLUDE THE ART ANDERSON PROPERTY AT THIS TIME. Voting in favor: Clint Herbst, Bruce Thielen. Opposed: Bill Fair, Roger Carlson. Motion failed. Bruce Thielen noted that the developer perceives a deadlock between the City and Township which does not exist. He stated that we need to let the joint planning proceed. Hocking noted that what he wants is fairness. There is a land owner that wants to do something with his parcel. It is adjacent to the city and services are immediately available. There were no reasons listed why this parcel should not come into the city. He stated that he heard no bonafide problems with the annexation. Bruce Thielen stressed that the annexation questions will be resolved as a result of City/Township discussions. Roger Carlson requested that the developer give the City and Township the benefit of the doubt. Meetings will be held soon; there is no reason to approve the annexation now prior to the upcoming joint meetings. Carlson suggested that the item be placed on the City Council agenda after the joint meeting with the Township. 8. Consideration of reviewing draft of City Council Vision Statements and Governing Policies. Bill Fair noted that he met with staff to review the original draft. He noted that the document summarizes Council input from previous meetings. It is getting closer to what is going to be the final document. Wolfsteller noted that a lot of input was taken from Council on previous worksheets, and we have developed a vision statement that reflects Council's goals. The second part identifies how the City Council and Administrator would operate. The final section defines how the Council and Administrator link together on a day-to-day basis. Clint Herbst noted that this documentation is all fine and dandy but how will it affect Council? There is nothing here that is new. Bill Fair noted that this should be the document that we should look at to link our activities to a vision. The document reminds us where we are headed and what kind of city Monticello should become and can be a reference point for use in future decision making. Page 4 Council Minutes - 6/9/97 After discussion, it was the consensus of Council to conduct additional review at the June 23 meeting. It was also noted that the document should be presented to commission members in advance of the joint meeting scheduled for June 30. Bruce Thielen reminded Council that it will be important to develop measure of performance in order to document progress toward reaching goals. 9. Consideration of a resolution entering into a joint powers agreement with MN/DOT providing for payment to the City for design and inspection fees - Highway 25 Improvement Projec . Rick Wolfsteller reviewed a letter from the City Attorney commenting on the proposed joint powers agreement. Wolfsteller noted that the two resolutions set up how the reimbursement for engineer and land acquisition will occur. The agreement also identifies responsibilities for land acquisition and right- of-way access determinations. Wolfsteller noted that the City Attorney wanted to make sure that the City is not liable for damages associated with closure and that the City is indemnified. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO APPROVE AGREEMENTS CONTINGENT ON MN/DOT'S ACCEPTANCE OF CHANGES SUGGESTED BY THE CITY ATTORNEY. Motion carried unanimously. SEE RESOLUTIONS 97-19 and 97-19A. 10. Consideration of bills for the first half of June. A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY CLINT HERBST TO APPROVE THE BILLS AS SUBMITTED. Motion carried unanimously. 11. There being no further discussion, the meeting was adjourned. a Jeff O'Neill Assistant Adminstrator Page 5