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City Council MInutes 11-09-1987MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, November 9, 1987 - 7:30 p.m. Members Present: Arve Grimsmo, Fran Fair, Bill Fair, Dan Blonigen, Warren Smith 2. Approval of Minutes. Motion was made by Bill Fair, seconded by Blonigen, and unanimously carried to approve the minutes of the regular meeting held October 26, 1987. 4. Consideration of Annexation Compromise Response. Previously, the City Council had requested a written response from Monticello Township officials in regards to the City's annexation boundary compromise offer consisting of approximately 2,000 acres within the OAA area. Mr. Tom Hayes, City Attorney, informed the Council that the Township formally responded to the City's offer and indicated it was unacceptable as presented. It appeared from their response that they were willing to continue discussions with the City if the City was willing to consider a smaller area for immediate annexation and the establishment of a development area for future annexation needs; but as it presently was presented, a compromise would not be forthcoming on the larger area proposed. Attorney Jim Metcalf, speaking on behalf of his client, Kent Kjellberg, noted that Mr. Kjellberg had originally petitioned for his 700 plus acre property in the OAA area to be annexed but held off on a formal petition, as he was informed the City was pursuing annexation of the entire OAA area. It was noted that Mr. Kjellberg is anxiously awaiting the ruling from the Municipal Board, as he is ready to continue his development plans for his property and requested that the Council ask the Municipal Board to make a final decision as soon as possible. Mr. John Sandberg likewise noted that he had originally started a petition to have a 34 -acre parcel, known as the Halliger Tree Farm property, annexed into the City and delayed his own petition because the City was pursuing the annexation of the entire area. He also requested that the Council discontinue further discussions with the Township on a compromise and immediately request the Municipal Board to rule on its petition before them. During discussions by the Council, it was the consensus of all members that an effort has been made with the Township to arrive at a reasonable compromise; but the delays so far have not been fruitful, and it appeared the only alternative was to request the Municipal Board to make a decision on the City's request. Councilmember Bill Fair also requested that City Attorney, Tom Hayes, inform the Municipal Board that if the entire OAA Council Minutes - 11/9/87 area is not annexed into the City, the Municipal Board should rule to disband the OAA area. Mr. Hayes noted that in all likelihood, this was a separate issue that would have to be settled at a later date with the Municipal Board by a separate request. Motion was made by Fran Fair, seconded by Bill Fair, and unanimously carried to direct the City Attorney to inform the Municipal Board of the City's attempt at a compromise with the Township which was found unacceptable and request that the Municipal Board place on its agenda for immediate consideration the petition for annexation of the entire area. 5. Consideration of Final Payment on Otter Creek Road Realignment and Liquor Store Parking Lot Improvements. Consulting City Engineer, OSM, Inc., recommended that final payment in the amount of $8,554.90 be paid to Buffalo Bituminous, Inc., for the recently completed Otter Creek Road realignment and Liquor Store parking lot improvement project. The total project cost for both projects was $34,519.37. Motion was made by Bill Fair, seconded by Dan Blonigen, and unanimously carried to authorize the final payment to Buffalo Bituminous after receipt of lien waivers and other appropriate data the amount of $8,554.90. 6. Consideration of Purchasing Bleachers for Softball Fields. As part of the softball field construction near the NSP Training Center, the City has proposed to purchase bleachers and benches for the fields. Two quotes were received for the equipment, one from Earl F. Anderson in the amount of $8,121, and a second quote from Stadiums Unlimited in the amount of $7,332. It was recommended by the Public Works Director that the bleachers be purchased from the low bidder, Stadiums Unlimited. As part of the reconstruction of the Fourth Street Park, the ballfield, which is predominantly used by the Girls' Softball Association, was enlarged and plans called for establishing a permanent fence line but utilizing seasonal outfield fencing that could be removed in the winter. Two quotes were received for the fencing from Century Fence in the amount of $3,109, and Trojan Fence in the amount of $3,097.71. In addition to the fencing cost, an additional $487 was requested for seasonal sockets that would be placed in the ground to allow the fence to be removed easily during the winter. Motion was made by Bill Fair, seconded by Warren Smith, and unanimously carried to authorize the Public Works Department to K Council Minutes - 11/9/87 purchase the bleachers and benches for the new softball complex from Stadiums Unlimited in the amount of $7,332 and to authorize the purchase of fencing for the Fourth Street Park from Trojan Fence in the amount of $3,584.71, including the seasonal fence sockets. 7. Consideration of Accepting Revised Drainage Plan and Criteria Necessary Before Acceptance of Chelsea Road Project. At the previous Council meeting, Mr. Bill Block, the engineer for Jim Boyle on the Chelsea Road Project, appeared before the Council to request a modification in the ponding requirements for Chelsea Road. Mr. Block noted that he had been working with John Badalich, City Engineer, on an alternate method for providing drainage within the street right-of-way along Chelsea Road rather than developing a pond within the adjacent property, as currently the owner was uncertain as to how the property would develop and where an actual drainage pond should be located. Mr. Boyle and his engineer had requested City approval of the ponding modification in an effort to proceed with closing out the project so that the City could accept the road and utilities and take over maintenance as soon as possible. A staff meeting was held with Mr. Block and City Engineer, John Badalich, concerning additional problems that were needed to be corrected before final acceptance by the City. Although there were some minor construction problems that had to be completed by the contractor, two areas were discussed which the City requires before acceptance of a project, including lien waivers indicating that all suppliers and contractors have been paid in full and a one-year warranty bond on the improvements. Currently, Mr. Boyle has not received lien waivers from the prime contractors on the project because of disputes over final pay quantities and also indicated that it may be difficult for him to provide a warranty bond as required by the City. As a result, the Council continued to discuss whether the modification to the drainage pond allowing for ponding in the street right-of-way is acceptable as a temporary solution. It was the general consensus of the City staff and consulting engineer that although it is not an ideal situation, the temporary use of the right-of-way for ponding could be acceptable provided the City had drainage easements that would allow for an outlet from the right-of-way to some other permanent drainage location. It also appeared to be the Council's opinion that the City should not get involved in accepting the project as is until all of the requirements normally required of a developer are provided, including warranty bonds, lien waivers, and other criteria. In regards to the modification in the pond requirements, motion was made by Bill Fair, seconded by Warren Smith, to approve as a temporary modification ponding in the right-of-way provided the easement for the original ponding area remains intact until the property is developed 3 Council minutes - 11/9/87 and a plan is provided for proper drainage of the entire area. Additional discussion was then held by the Council; and City Attorney, Tom Hayes, noted his concerns over the City accepting an alternative ponding modification at this time without being willing or ready to accept the entire road and project as constructed. He recommended that possibly the City should be informing the developer that the City in the future would consider an alternate ponding modification when the developer is ready to meet all of the other requirements for City acceptance of the street and utilities. As a result, the motion to approve the ponding modification was opposed 5 to 0. After further discussion, it was also recommended that the City staff or City Attorney notify the property owner, Jim Boyle, along with the school district and the Sheriff's Department, that Chelsea Road has not been accepted and is not a public street and that the sewer line is considered a private service at this time until accepted by the City. 8. Consideration of Setting a Special Meeting for the Purpose of Establishing 1988 Salary/Wage Policy. A special meeting by consensus was set the purpose of reviewing and creating personnel for 1988. Rick WolfstelVdr City Administrator 4 for 6:30 p.m., December 7, for salary increases for non-union