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City Council Minutes 07-14-1986MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, July 14, 1986 - 7:30 p.m. Members Present: Fran Fair, Bill Fair, Jack Maxwell, Dan Blonigen. Members Absent: Arve Grimsmo 1. Call to Order. The regular meeting of the City Council was duly called to order by Acting Mayor, Fran Fair. 2. Approval of Minutes. Motion was made by Bill Fair, seconded by Fran Fair, and carried unanimously to approve the minutes of the regular meeting held June 23, 1986. Prior to proceeding with the agenda, Acting Mayor Fair turned the floor to Administrator Eidem. Administrator Eidem said he wished to take just a moment to introduce Barbara Jones, the newly appointed Administrator for the Sherburne/Wright Counties Cable Communications Commission. Eidem provided the Council with a brief background on Ms. Jones and indicated that the Cable Commission's offices would be located in the Monticello City Hall. Acting Mayor Fair acknowledged Ms. Jones' presence and welcomed her to the City of Monticello, and wished her good luck as Cable Administrator. 3. Citizens Comments/Petitions, Requests and Complaints. John Simola, Public Works Director for the City, presented a petition that had been submitted by Mr. Lucius Johnson. The petition requested the installation of storm sewer to his property lying south of Sixth Street at the termination point of Linn Street. Simola indicated that the request was for storm sewer connection to be installed as part of the interceptor sewer project. Simola reported that the estimated cost of the storm sewer connection would be approximately $4,500.00, and that 1000 of said amount would be assessed to Mr. Johnson. Motion by Bill Fair, second by Maxwell, and carried unanimously to accept the petition of Mr. Lucius Johnson requesting an installation of storm sewer with the expense for such installation to be assessed entirely to Mr. Johnson. 4. Public Hearing to Consider the Vacation of Property Line Easements within the Construction 5 Addition. Acting Mayor Fair convened a public hearing to accept public comment on the proposed vacation of property line easements within Construction 5 Addition, said easements being 6 feet in width and adjoining the -1- Council Minutes - 7/14/86 lot lines between Lots 1 & 2, Lots 2 & 3, Lots 3 & 4, and Lots 4 & 5. Administrator Eidem explained that the conditional use permit that was reviewed at an earlier meeting and granted for the development of 54 multiple housing units would require the location of buildings such that they would lie over the easements. Eidem indicated the perimeter easements would remain intact as would the main drainage easement to the west of Lot 1. Acting Mayor Fair requested public comment. Mr. Norm Ecklund, representing Northern States Power, asked if any utilities were currently in these easements. Administrator Eidem indicated there were not. There being no other questions from the public, the Acting Mayor closed the public hearing. Motion by Bill Fair, second by Dan Blonigen, and carried unanimously to vacate the easements described above with said vacation to be contingent upon the execution of an approved development agreement between Construction 5, Inc., and the Monticello Housing and Redevelopment Authority ensuring that the development as proposed will occur. The recording and certification of said vacation of easements shall not occur until the proposed project has been included in the development agreement. If the project does not occur, then the easements shall remain intact. 5. Consideration of Awarding Contract to the Lowest Responsible Bidder for the 1986 Seal Coating Project. Public Works Director, John Simola, reviewed the bids received for the 1986 Seal Coating Project. The bids received and reviewed are as follows: 1. Batzer Construction Co. P.O. Box 1025 St. Cloud, MN 56301 2. Allied Blacktop Co. 10503 89th Avenue N. Maple Grove, MN 55369 3. Buffalo Bituminous, Inc. Box 337 - Hwy. 55 West Buffalo, MN 55313 Bid I Sq. Yd. $21,096.04 $.59 $19,272.48 $.539 $19,487.02 $.545 City Sweeping Bid II Sq.Yd. $18,736.14 $.524 $17,127.12 $.479 $17,987.00 $.5030 Simola noted the low bidder was Allied Blacktop Company from Maple Grove in the amount of $17,127.12 with the City doing all of the sweeping, and $19,272.48 with the contractor doing the sweeping. Simola noted that the annual budgeted amount for seal coating was $20,100.00. Simola also wished to point out that the unit price for 1986 seal coating showed an improvement over the 1985 seal coating -2- Council Minutes - 7/14/86 project. In 1985, the cost per square yard of seal coating was awarded at $.568, while the cost per square yard for the 1986 project is $.539. Motion by Bill Fair, second by Jack Maxwell, and carried unanimously to award the 1986 Seal Coating Project to Allied Blacktop Company of Maple Grove, including the contractor sweeping option, in the amount of $19,272.48. 6. Consideration of a Recommendation from the Wastewater Treatment Plant Contracting Subcommittee to Commence Negotiations with PSG. The City Council briefly reviewed the executive summary supplied by Beling Consultants, who had assisted the City's subcommittee in the investigation of contract operations for the Wastewater Treatment Plant. John Simola, Public Works Director, reviewed the process the committee had gone through and indicated that the committee's unanimous preference was to, indeed, contract operations at the Wastewater Treatment Plant and to negotiate such a contract with Professional Services Group (PSG). Mr. Simola introduced Mr. Mike Robbins, the Senior Vice President of PSG. Administrator Eidem noted that neither in the agenda supplement prepared by him, nor in the executive summary prepared by Beling Consultants, was the contract price indicated. He wished to note that PSG had bid the annual operations at a budgeted amount of $265,000.00 per year for three consecutive years. Eidem stressed that, while this amount appeared to be approximately $25,000.00 higher than the 1985 operating budget, the City's operating budget did not accurately reflect total related expense since many man hours out of engineering and administration were not charged to the department. Eidem also noted that the staff had documented the need for one additional staff member at the Wastewater Treatment Plant and that the annual cost of such a staff member would very likely push City cost to approximately the same as the bid cost. Eidem noted lastly that the comparative figures were between the 1986 budget and 1987, 1988, and 1989. Noting that even a 4% increase annually on the 1986 budget, would eventually cause the City to exceed the bid amount. Councilmember Fair indicated that, having sat on the subcommittee, he had received a favorable impression of contract operation, the goals of contracting, and each of the firms interviewed. He noted that he had visited two plants in other locations that were under contract operations and had come away with an overall favorable impression; and he supports the recommendation of the subcommittee that the City contract operations and attempt to negotiate said contract with PSG. Councilmember Maxwell indicated his preference for pursuing the contract option so that the City could enter into contract operations for the Wastewater Treatment Plant. Councilmember Blonigen indicated that he had spoke at length with Public Works Director Simola and felt satisfied that contracting operations was the most efficent manner for the City to proceed. Blonigen noted that while there -3- Council Minutes - 7/14/86 is, at first appearance, a difference in the financial obligation of the City, he feels the merits of the contract of services far outway the difference in money. He noted that he believed delivery of sertrica-and possible long range cost savings substantiated the need to continue with the contracting process. Motion by Blonigen, second by Maxwell, and carried unanimously to direct the Wastewater Treatment Plant contracting subcommittee to commence negotiations with PSG. 7. Consideration of Authorizing Negotiations for the Acquisition of the Northern States Power Maintenance Building. Acting Mayor Fair recognized Administrator Eidem, who explained that over the last several months there has been considerable discussion concerning the City's acquisition of the Northern States Power service station/maintenance building located on West County Road 39 adjacent to the City of Monticello's Public Works Department. Eidem explained that Councilmember Maxwell had done an appraisal of the building, but NSP had also had a formal appraisal prepared. He noted that to date, there had not been a formal asking price for the Council to consider. At this point, Eidem introduced Norm Ecklund, Director of Area Relations for NSP. Mr. Ecklund informed the Council that NSP was, indeed, interested in selling the building, and they had established an asking price of $89,500.00. Ecklund noted that if this price is found to be unsuitable to the City, Northern States Power is ready to begin negotiations. Maxwell noted that his appraisal was substantially less than this amount, said appraisal reflecting an estimated value of $67,000.00. Council and staff considered it essential for representatives of the City and NSP to sit down together to review the two appraisals to find out if there were discrepancies in what was appraised. Motion by Bill Fair, seconded by Blonigen, and carried unanimously to appoint Jack Maxwell and Tom Eidem to a negotiating subcommittee to attempt to arrive at an agreeable sale price and report back to the Council. Before closing this agenda item, Dan Blonigen wished to note for Mr. Maxwell's information that the building was reconstructed when NSP purchased it. He wished to note that some adjustments had been made to the original plans, and that consequently the plans Mr. Maxwell had available to him might not reflect the actual conditions on site at this time. 8. Consideration of Granting Approval for a Simple Subdivision - Applicant, MPI Wolter__ Mel Wolters appeared before the City Council to request final approval of a simple subdivision, creating two buildable lots, out of Lot 2, Block 1, in Doerr Estates. The request for the simple subdivision also am contained a request for a variance to reduce t on one of the lots. Acting Mayor Fair noted f the Planning Commission had granted approval t Wolters indicated that it was a fairly simple new building lot and that the variance request access to the rear lot. Council Minutes - 7/14/86 he street frontage or the Council that o this request. Mr. request to create one was included to allow Councilmember Blonigen indicated that, in his opinion, due to the extremely large size of the lot, perhaps the entire parcel should be replatted. Blonigen expressed some concern over the creation of two irregularly shaped lots and the granting of variances. He was concerned with establishing a precedent for approving lots with only 33 feet of frontage. Zoning Administrator Anderson indicated that the Planning Commission, at their meeting on July 8, 1986, raised the same question of precedent. Anderson noted that some discussion of the Doug Pitt subdivision which received approval contained lots with far less frontage than Mr. Wolters' proposal. Administrator Eidem indicated to the Council that it was the Doug Pitt subdivision proposal that generated an amendment to the Zoning Ordinance such that the street frontage of an irregularly shaped lot should contain a minimum width of 53 feet, said number being two-thirds (2/3) of the required minimum lot width at building setback line. Eidem noted that consequently, the Pitt subdivision could not be used as a precedent since the requirements of the ordinance had changed since approval of that subdivision. Eidem went on to say that the Council needed to be aware of the consequences of granting a variance where a hardship or finding of fact relating to the uniqueness of a lot mandated the granting of such a variance. Eidem indicated that land use planning law generally held that the granting of variance without a finding of fact was essentially amending the ordinance and lessening the minimum requirements. He noted that for a governing body to arbitrarily grant variances that will allow development below the minimum standards essentially lowers those minimum standards without officially amending the ordinance. Eidem stressed that the finding of fact needed to be documented in order to justify the granting of the variance. Councilmember Bill Fair defended the configuration indicating that the proposal exceeds all other requirements with respect to size and density, setbacks, etc. Councilmember Maxwell also supported the lot split concept based on the fact of the substantial quantity of land available. Administrator Eidem indicated that the question, at this point, was not a question of design and density or configuration, but rather a question of process. Eidem indicated that in the absence of the finding of fact substantiating a hardship or a uniqueness to the parcel, any future request for a 33 -foot front lot would have to be legitimately considered. Acting Mayor Fair asked Mr. Wolters if he had considered any other design that might more adequately address the minimum requirements of the ordinance. Mr. Wolters indicated he had not really considered any other design. Mr. Wolters noted -5- Council Minutes - 7/14/86 that there is a house in place, and that he wished to create the new building site without infringing or encroaching upon the existing structure. It was Mr. Wolters' contention that a different design configuration could encroach upon the existing structure and would lessen the rights to property enjoyment of that existing structure. Councilmember Bill Fair indicated that the parcel in question is, in fact, unique because it was designed and developed under a different set of requirements from the City's subdivision ordinance and was annexed as designed. He felt that the parcel deserves specific consideration. He indicated that he found no difficulty in finding that the parcel is, in fact, unique based on the design considerations under which it was developed. He noted that the proposal exceeds all other municipal requirements and that the variance would not be considered arbitrary. Gary Anderson, Zoning Administrator, read the following letter into the record: To the City Council: We desire the lot at Lot 2, Block A, remain single family dwelling zoned. We desire the lot at Lot 2, Block A. not be divided to contain (2) two single family dwellings. The statement was signed by Teresa Whitson, Lot 1, Block A, 1328 West River Street. Motion was made by Bill Fair, seconded by Dan Blonigen, and carried unanimously to approve a simple subdivision of Lot 2, Block 1, in Doerr Estates, with one lot (Parcel 1) being granted a variance in minimum width of lot frontage from 53 feet to 33 feet. 9. Consideration of Awarding the Contract for the Sealing of the Interior Beams and Decking for City Hall. Gary Anderson presented to the Council one bid for the resealing of the interior beams and decking of City Hall. Mr. Anderson noted that the exposed beams and decking were becoming extremely dry and in some areas some minor splitting of the laminate was occurring. Mr. Anderson indicated that one bid for the work had been received, that bid being from Lindberg Painting and Wallcovering in the amount of $2,984.60 to be paid upon completion. Mr. Anderson further noted that that price had been originally submitted in July of 1985, and that Mr. Lindberg had agreed to do the work in 1986 for the same price. Anderson also noted that Lindberg had proposed to do all work in City Hall in the evening hours and on weekends so as not to disrupt the operations in City Hall. Councilmember Blonigen raised a question based on the bid proposal submitted which did not address the decking. The written proposal submitted originally talked only of sealing the beams, and Mr. Blonigen felt that that needed to be clarified. Mr. Anderson assured the Council that the bid proposal included all decking and beams within City Hall for the one bid price. Motion by Fair, second by Blonigen, and carried unanimously to accept the proposal of Lindberg Painting and Wallcovering in the amount of $2,984.60 for the cleaning, sanding, sealing, and finishing of the City Hall ceiling including beams and decking. Council Minutes - 7/14/86 10. Consideration of Approving the Specifications for Refuse Hauling Contract and Authorizing Advertisement for Bids. The 3 -year contract for refuse hauling with Corrow Sanitation expires on August 1, 1986. The Council was presented with a revised contract and requested to approve the contract spec's and order an advertisement for bids. It was noted that prior to advertising for bids, the Council could attempt to renegotiate a contract with Corrow Sanitation as had been done three years earlier. Zoning Administrator Anderson indicated to the Council several points that Corrow Sanitation wished to have changed in the contract. Eidem explained that this was not the time to renegotiate the contract, but rather a time for the City to determine what the contract specifications that they would require would be. Councilmember Blonigen indicated that in his opinion it would be better to renegotiate rather than go to the bidding process. Public Works Director, John Simola, felt that there might be benefits to investigating the bidding process, since there might be a refuse hauler who would be willing to bid a substantially lower amount in order to get established in the City of Monticello, much like Corrow had done six years earlier. Simola also suggested that an option for once a week refuse pick up be included in the specifications, whether bid or negotiated. Simola went on to note that he recalled that Corrow received a substantial increase to cover the increased fuel prices of a few years back, but there had never been a decrease when fuel prices dropped. Eidem explained that what the Council should be considering is the level of service delivery that they wish to maintain and that the specifications should be adopted to address that issue. Upon adoption of those specs, either bids could be taken or negotiations could commence in order to determine the cost of achieving that level of service. Eidem noted that the main issue at hand was to evaluate the specifications thereby setting the level of service to be provided, and then, and only then, could the process continue to determine the cost of that service delivery. Motion by Maxwell, second by Bill Fair, and carried unanimously to approve the specifications for refuse hauling and ordering staff to meet with Corrow Sanitation by the next regularly scheduled Council meeting in an attempt to negotiate an extension of the existing service contract. Staff noted that Corrow Sanitation agreed to continue service delivery beyond the August 1 date under current contract prices in the event that a new contract had not been executed by August 1. The Council noted that should negotiations with Corrow Sanitation be unfruitful, the City would advertise for bids for refuse hauling. 11. Consideration of Change Order Nos. 1, 2, and 3 for the interceptor Sewer Project. Public Works Director, John Simola, explained to the Council the substance of Change Orders 1, 2, and 3 to the interceptor sewer project. -7- Council Minutes - 7/14/86 Change Order No. 1 is to increase the length of submersible pump power cables to 50 feet, increase conduit size to 2 inches, set a power pole with !�-inch conduit, and to change the concrete base of the control panel in size for a total amount of $1,886.58. Simola explained that Change Order No. 2 was an addition to the interceptor sewer connected with the authorized installation of the water main in Chestnut Street. The work included the installation of additional 1 -inch corp. stops, 1 -inch curb stop and box, connections to existing curb stops, abandoning to existing corp stops, cutting in tees, and connecting to existing 6 -inch stub. Also included was the installation of one 4 -inch sanitary sewer service all for the total cost of $3,640.00. Change Order No. 3 involved changing the granular bedding material and to increase the quantity from 500 cubic yards to 800 cubic yards. Cost of Change Order No. 3 is $5,000.00. Motion by Blonigen, second by Bill Fair, and carried unanimously to approve Change Orders 1, 2, and 3 to the 1986 Interceptor Sewer Project. 12. In a non -agenda item, Zoning Administrator Anderson requested the Council to consider paying Fullerton Lumber, the general contractor on the Fire Hall construction, all but approximately $3,000-$5,000.00 of the retainage currently held by the City. Anderson asked that the Council authorize the Fire Hall Building Committee to determine the appropriate retainage and grant final payment of the balance. Anderson noted that all but some minimal items had been completed. Anderson noted that due to the large retainage of the City, Fullerton Lumber had not paid its local subcontractors who had completed their work. Blonigen noted that that was not a failure on the City's part but on the contractor's part, and the City should not be responsible for paying the subcontractors to cover the failure of the general contractor. Blonigen went on to say that he felt the entire retainage should be withheld based on the poor scheduling performance under the terms of the general contract. Blonigen noted that the schedule called for the building to be completed in February of 1986) and here it was mid-July and it still was as yet incomplete. It was noted that the fact that the City had not begun to assess liquidated damages for non-compliance with the contract was concession enough. The rest of the Council agreed with Blonigen that if we are unable to get the contractor to complete the project while retaining in excess of $20,000.00, it would be very unlikely that we could get successful completion if the City retained only $3,000.00. It was the consensus of the Council to withhold the entire retainage amount allowed under the contract to ensure final completion by the general contractor. 13. There being no other business, the meeting was adjourned. Th mas A. Eidem City Administrator