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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. 1 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. Ci 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 Page 1 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. Page 2 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. Page 3 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. Page 4 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. Page 5 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. ~, ~ ~ c- _x Cat enne M. Shuman Finance Assistant/MIS [l Page 6