City Council Minutes 12-27-1984
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SPECIAL MEETING - MO TICELLO CITY COUNCIL
December 27, 1 84 - 5:00 P.M.
A special meeting of the City Cow
was duly held at 5:00 P.M., Dece
Members Present were: Grimsmo,
Maxwell and Fair. Also present
John Simola; City Attorney, Gary
cil called by Mayor Grimsmo
er 27, 1984, in the City Hall.
us, Blonigen. Members Absent were:
ere Public Works Director,
Pringle; and Administrator Eidem.
The Mayor called the meeting to rder and indicated that the
sole reason for the meeting was 0 discuss the acquisition of
Lots 2, 3, 4, and 5 of Block 12, Original Plat of Monticello,
as a potential site for Fire Hal construction. The Mayor asked
Public Works Director Simola to eport on the soils testing.
Mr. Simola stated that the repor found that the site was primarily
loose and sandy and would requir excess compaction in the area
of the building and under portio s of the parking lot and driveways.
He indicated that the testing fi m had recommended a stripping
away of the top 1~ to 3 feet to e replaced by higher quality
fill suitable for construction. Simola also noted that there
had been some contamination disc vered and that the contamination
was primarily fuel oil. He indi ated that the extent of the
contamination cannot really be g uged without further testing,
and perhaps some excavation. si ola stated that the type of
clean up that would be required rom the Pollution Control Agency
cannot be determined until the e tent of the contamination is
known. He noted that some clean up may simply be a removal
of the contaminated material and then stock piled at some place
where it will not leach into the subsurface. He indicated that
other processes have been to spr ad polluted material under
roadways in thin layers. He noted that the worst case would
be that the contaminated material would have to be hauled to
a hazardous waste site. In his estimation, the severity of
this problem would not require he latter type of solution.
Simola did note that the City m st notify the Pollution Control
Agency, and that if we chose no to contact them at this time,
the soils testing lab is requir d by state regulations to notify
PCA.
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There was a brief discussion of
the area. It was the Council's
report to the peA only insofar
the City is interested in acqui
it was not their position to re
the basis of mere speculation d
tests on this particular site.
and initiates investigations of
that is the PCA's responsibilit
the other bulk fuel plants in
position that the City would
s it concerns the site that
ing. The Council felt that
ort any other bulk plants on
rived from the results of the
They agree that if the PCA responds
the other bulk plants, then
and not the City Council's.
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Special Council Minutes - 12/27/84
The Mayor asked City Attorney pr"ngle to go over some of his
concerns about the transfer of t e parcel. Pringle noted that
there is currently a mortgage ag inst the property, the status
of which must be clearly determi ed prior to the closing of
any contract for the land. prin le also noted that there are
outstanding assessments against he property that the current
owner, Jean Brouillard, has indi ated should be City responsibility.
Mr. Pringle noted that there is lease agreement with Jim Moores,
the operator of JM oil, who is c rrently occupying the site.
Pringle noted that an agreement ill have to be drafted so that
Jim Moores will legally release is right to use the land.
There was a brief discussion wit respect to the City assisting
in Mr. Moores' relocation effort. Eidem commented that he had
met with Mr. Moores and indicate that the City would do whatever
it could to help him secure an a ternate site for his bulk plant.
Eidem indicated that a proposal ould be made to the HRA, who
may be able to investigate a Ian trade. Councilmember Maus
raised a question of the City p rchasing some land in the industrial
park and leasing it to various ulk fuel operators. It was
Maus's opinion that regulatory ontrol could be more closely
monitored under a City owned pr ject and that a lease arrangement
of this sort might further faci itate the relocation of not
only the existing bulk plant, b t of all bulk plants encroaching
on the Downtown Commercial Busi ess District. Eidem agreed
to investigate this procedure f rther. With respect to actual
relocation assistance for Mr. M ores, the Council authorized
Pringle to offer a total of 8 h urs usage of the City'S loader,
including an operator. Mr. Sim la felt that the assistance
we could lend would be limited 0 use of the loader and stated
that he was willing to provide hose 8 hours.
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Pringle returned the discussion to the matter of the contamination.
He indicated that Mr. Brouillar expected to receive his selling
price with no future obligation. Pringle indicated that Brouillard
wished to receive the selling p ice and be freed from any responsibility
towards contamination clean up r other alterations that may
have to be made to the site to ake it suitable for development.
Concern was expressed by all Co ncil members as to the extent
of clean up that might be required once the ground is opened
up. councilmember Blonigen felt there should be some kind of
spending limit dedicated to cl an up that the City would be
responsible for, that should t e extent of the clean up exceed
this particular limit, the cit would have the right to go back
to the seller to recover some xpense. Pringle indicated that
Mr. Brouillard simply wouldn't sign the contract under any other
condition than as stated. pri gle noted that Brouillard has
made an offer to the City and xpressed his terms. The City
now has to react to that offer and choose to either accept or
reject the conditions. Pringl stated it was his understanding
from a meeting with Mr. Brouil ard that should the City reject
the conditions at this time, t e sale is off. Mayor Grimsmo
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turned the discussion back to co
stated that the Council was face
a site for the Fire Hall. He fe
was a good site for Fire Hall 10
an acceptable one in spite of th
contamination. Reiterating his
taking the lead to secure clean
he would like to see the Council
He felt that constant debate ove
the sale of the land and postpon
Hall in the long run. He felt t
into site selection and that a s
and we should investigate the fi
City Attorney pringle wished to
he had with reference to certain
in the abstract. Pringle indica
accepted a deed when he bought t
limitations, and that the deed c
those same limitations. He note
from a phrase that indicated the
limitations which may not be rec
by a survey. He indicated that
from such a qualification to the
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Motion by Maus to acquire Lots 2
original Plat of the City of Mon
and further, authorizing City At
and prepare a Contract for Deed
and to be executed by the Mayor
was duly seconded by Blonigen.
and Blonigen. Voting in opposit
Special Council Minutes - 12/27/84
sideration of the offer and
with the decision of finding
t that the site in question
ation and that the offer was
unknown factor relating to
osition on governmental conscience
p of the site, he indicated
take action on this acquisition.
every detail could jeopardize
the construction of the Fire
at enough time had been put
itable site had been found,
al sale.
aise one more concern that
qualifications that showed
ed that Mr. Brouillard had
e property subject to certain
nveyed to the City would carry
that his primary concern came
property was subject to certain
rded but which might be revealed
e didn't anticipate any problems
deed, and the Council concurred.
3, 4, and 5, in Block 12,
icello, for the sum of $100,000.00,
orney Pringle to negotiate
ddressing all City concerns
nd City Administrator. Motion
oting in favor: Grimsmo, Maus,
on: None. Motion passed unanimously.
There being no other business to be held in this special meeting,
the Mayor adjourned the meeting.
Thomas A. Eide
City Administrator
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