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City Council Minutes 06-23-1997MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, June 23, 1997 - 7 p.m. Members Present: Bill Fair, Clint Herbst, Bruce Thielen, Brian Stumpf, Roger Carlson Members Absent: None 1. Approval of minutes of the regular meeting held June 9, 1997. A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY CLINT HERBST TO APPROVE THE MINUTES OF THE REGULAR MEETING AS SUBMITTED. Voting in favor: Clint Herbst, Bill Fair, Bruce Thielen, Roger Carlson. Abstaining: Brian Stumpf. Motion passed. 2. Consideration of adding items to the agenda. No items added. 3. Citizens comments/petitions.requests, and complaints. None. 4. Consent agenda. City Engineer Bret Weiss requested that item 5D be removed from the consent agenda for discussion. A. Consideration of appi amblin� license renewal. Applicant, American Legion Club. Recommendation: Approve the renewal of the gambling license for the Monticello American Legion Club. SEE RESOLUTION 97-20. B. Consideration of approving one -day gambling license. Ap licant, Women of Today. Recommendation: Approve a 1 -day gambling license for the Monticello Women of Today. SEE RESOLUTION 97-21. C. Consideration of approving renewal of City Assessor contract with Kramber & Associates. Recommendation: Approve renewal of contract with Kramber and Associates for the 1997-98 assessment year at the rate of $6.50 per parcel. Page 1 Council Minutes - 6/23/97 D. Consideration of authorization to impar feasibility study andla ans and specifications for trunk storm sewer i�mi3myements relating to new high school proie# t. Removed from the c,-)nsei- t agenda for discussion. E. Consideration of bids for a new 70hp dies l powered 4 -wheel drive tractor/loader for the street and parks dei) rtment and consideration of purchase. Recommendation: Approve Ci-varding bid to St. Joseph Equipment of Shakopee in the amount of $43,504.19 for a tractor/loader for the street and parks deparment. F. Consideration of change order #4 for Project ��3-14C, Wastewater Treatment Plant Expansion. Recommendation: Approve change order #4 in the amount of $10,376. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED E-�Y CLINT HERBST TO ADOPT THE CONSENT AGENDA AND ASSOCIATED RECOMMENDATIONS WITHOUT ITEM 5D. Motion carried unanimously. 6. Consideration of items removed from the consent for discussion. 5D. Consideration of authorization to prepare feasibility study and plans and specifications for trunk storm sewer improvements relating to new high school project. City Engineer Bret Weiss informed Council that the motion needs to be modified to include calling for a public hearing. The public hearing is needed in order to assess benefitting property owners, which includes the School District and residents of the Cardinal Hills subdivisions. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO ADOPT THE RESOLUTION ACCEPTING PETITION, ORDERING AND ACCEPTING A FEASIBILITY STUDY, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR STORM SEWER IMPROVEMENTS, AND CALLING FOR A PUBLIC HEARING ON JULY 142 1997, RELATING TO THE HIGH SCHOOL CONSTRUCTION PROJECT. Motion carried unanimously. SEE RESOLUTION 97-22. 7. Consideration of final payment for water towerap int project, Project 96-09c - Pittsburg Paint & Tower. City Attorney Paul Weingarden was asked for comments regarding compensation to affected property owners. Public Works Director John Simola presented a letter from Pittsburg Paint and Tower. Paul Weingarden agreed with the manner in which the liquid damages were determined. He felt that public funds should not be used to pay affected property owners. Page 2 Council Minutes - 6/23/97 Bill Fair asked for comments from property owners. Mike Krutzik, A E Michael's Decorating, commented on blocking of access to business at rear. Owners of Ernie's Bait and the AV Room concurred. They did not realize the contract was violated by cones placed at all parking lot entrances and, therefore, did not ask to have them removed. Mr. Krutzik stated that he feels affected property owners should benefit financially from penalties assessed to the contractor. Bill Fair commented that there are always some inconveniences when a city enters into a contract which affects public and private property. Perhaps the City should have been quicker on questioning the company's violations of contract. Rich Cline noted that he had tried to call attention to the problems about 50 days into the project. He was told that there wasn't much to be done because a contract was in effect. He contacted several Council members to ask them to intervene. The conditions associated with the project improved only for a short time. Meanwhile customer flow was still decreased. He felt there should be some recompense for loss of business. Bill Fair asked for input from Council members. Bruce 'T'hielen stated that he believed the situation should have been taken care of a long time ago. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO AUTHORIZE FINAL PAYMENT IN THE AMOUNT OF $26,324.65, BUT NOT PROVIDE ANY REIMBURSEMENT TO BUSINESS OWNERS WITHIN THE BLOCK. Bill Fair asked Paul Weingarden for his opinion on the recommendation to authorize final payment but allow the air compressor rental fee reimbursement to be split among the commercial businesses affected by the project when the parking lot was blocked off. He was not in favor of this action. Clint Herbst commented that he thought the rental fee reimbursement would be fair. Roger Carlson spoke in favor of the original motion. Voting in favor: Bruce Thielen, Bill Fair, Brian Stumpf, Roger Carlson. Opposed: Clint Herbst. Motion passed. 8. Consideration of reviewing and accepting 1996 City Audit Report - Gruys, Borden Carlson & Associates. Rick Borden, CPA from Gruys, Borden, Carlson & Associates, presented the annual audit report and gave a short summary of the report. He stated that overall the City is in good financial shape. He reported that the City Page 3 Council Minutes - 6/23/97 complied with the five areas tested for compliance: contracting and bidding, deposits and investments, conflicts of interest, public indebtedness, and claims and disbursements. Kim Lillehaug, CPA with the audit firm, mentioned that the budgeted to actual figures looked good. Bill Fair asked for his opinion on developing a 5 -year capital improvement plan and possible impact on the levy. Kim thought that there should be no problem, although he didn't know what impact the new wastewater treatment plant will have. City Administrator Rick Wolfsteller explained that the plan should include desired purchases, projects, years, and revenue sources. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO ACCEPT THE 1996 AUDIT REPORT AS PRESENTED AND SUBMIT TO THE STATE AUDITOR BY THE JUNE 30 DEADLINE. Motion carried unanimously. Bruce Thielen complimented the audit firm for their work. 9. Consideration of presentation by consultant architect, Al Miorud, and reviewing city hall space needs study and relocation analysis. Chief Building Official Fred Patch discussed the purpose behind the study and reviewed the status of the analysis. He introduced Al Mjorud. Mr. Mjorud explained the findings of the study completed after meeting with staff several times. The study compared costs of remodeling and an addition at the current city hall, purchasing and remodeling the Marquette Bank building, and building a new city hall at a different site. Brian Stumpf asked what the additional cost would be to add a deputy registrar area to a new city hall. Mr. Mjorud stated that it would be approximately $170,000 depending on shared spaces. Clint Herbst commented that there would be an opportunity to realize revenue from leased space at the Marquette building. Bill Fair commented that he felt the estimated space needs of an additional 4600 square feet is rather low to cover to the year 2020. Clint Herbst noted that a lot depends on how many employees are added up to that time. Fred Patch noted that he would like to see Council review the study and evaluate our actual space needs. Council may want to be prepared to address a purchase agreement with Marquette at the next Council meeting if that would be the direction that the Council desires. Bill Fair asked if Marquette would be willing to let Council members view their building before the next meeting. Fred Patch felt that would not be a problem. Bruce Thielen asked what the process would be for putting the current city hall on the market. City Administrator Rick Wolfsteller responded that an appraisal would be done first; it could then be put on the market to negotiate with any interested buyer. Page 4 Council Minutes - 6/23/97 Bruce Thielen stated that he thought staff should investigate the Marquette building option and look at the various scenarios for City use, including leasing. Consensus of Council was to look at this option before consideration of a new city hall. Rick Wolfsteller asked if Council felt there are space needs which will require either an addition or a different building. Assistant Administrator Jeff O'Neill asked if any Council members were interested in looking at other city hall facilities. Fred Patch commented that it may help form an image to project for a city hall. Bill Fair asked City staff to proceed on investigating space needs and the option to purchase the Marquette Bank building and report back at the next Council meeting. 10. Consideration of providing 60 -day notice of withdrawal from the Cites Township Urbanization Plan. A MOTION WAS MADE BY BILL FAIR AND SECONDED BY ROGER CARLSON TO SERVE A 60 -DAY NOTICE TO MONTICELLO TOWNSHIP THAT THE CITY IS WITHDRAWING FROM THE URBAN SERVICE BOUNDARY AGREEMENT. IF THE TOWNSHIP AGREES TO AMENDMENTS TO BOUNDARIES TO ALLOW ANNEXATION PETITION TO PROCEED, MOTION WILL BE WITHDRAWN. Bill Fair stated that he felt all facts had been brought out, and property owners should be allowed to proceed with the annexation process. He felt that the urbanization plan was meant as a land use guide and not a definition of boundaries that were set in stone. He felt that current action is discriminatory toward property owners. Brian Stumpf stated that he thinks no action should be taken until after the subcommittee meeting scheduled for tomorrow, Tuesday, June 24. Bruce Thielen called the question. Voting in favor of the motion: Bill Fair, Roger Carlson. Opposed: Brian Stumpf, Bruce Thielen, Clint Herbst. Motion failed. 11. Consideration of renewing real estate agent listing agreement for Eastwood Knoll development - Edina Realty. This item will be placed on the next agenda. 12. Consideration of authorizing a referendum election for issuance of additional on -sale liquor licenses. Rick Wolfsteller commented that the Monticello Country Club is interested in obtaining an on -sale license in conjunction with a major improvement project Page 5 Council Minutes - 6/23/97 being planned. There may also be future requests with new development. A referendum would have to be held to get voter approval to increase the number of on -sale licenses allowed. Clint Herbst asked about the choice of questions that could be put before the voters. Rick Wolfsteller explained that it could be open-ended without stating a number or explicitly state a number of additional licenses. Clint Herbst stated he thinks the Country Club should have to cover all or part of the cost of a special referendum. Bill Fair and Bruce Thielen felt that costs would be recouped with license fees and additional property taxes. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO SET A DATE FOR A SPECIAL ELECTION TO CONSIDER THE QUESTION OF ISSUING ADDITIONAL ON -SALE LIQUOR LICENSES IN EXCESS OF THE NUMBER PERMITTED BY LAW (sample question #1). SEE RESOLUTION 97-23. Clint Herbst stated that he is opposed to the motion unless the Country Club pays for the cost of the special election. Voting in favor: Bruce Thielen, Bill Fair, Brian Stumpf, Roger Carlson. Opposed: Clint Herbst. Motion passed. Bill Fair asked for suggestions for a referendum date. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON TO SET A DATE OF TUESDAY, SEPTEMBER 9, 1997, FOR THE LIQUOR LICENSE REFERENDUM. Motion carried unanimously. 13. Consideration of adopting City Council vision statement and governing li i Bill Fair stated that Council could either adopt the vision statement or wait for additional comments from the joint commission meeting to be held on June 30. Consensus was to wait until after June 30. Bill Fair noted that other commissions will be bringing their priority items to the meeting. This information could also be used in the 1998 budget process. Fred Patch noted that the June 30 meeting packet includes a proposed agenda for the joint meeting. Council members should let him know if any changes to the agenda are desired. 0M Lonflaur-r-a We Meeting date was approved by all Council members. Page 6 Council Minutes - 6/23/97 15. Consideration of bills for th I last half of June A MOTION WAS MADE BY CUNT HERBST AND SECONDED BY BRUCE THIELEN TO APPROVE THE GILLS FOR THE LAST HALF OF JUNE AS PRESENTED. Motion carried unanimously. 16. Adjournment. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON TO ADJOURN THE MEETING. Motion carried unanimously. 17. Other matters. A. Rick Wolfsteller brought up the topic of a future annexation request from Kjellbergs West Mobile Home Park in order to hook up to the City's water and sewer system. According to the MN Pollution Control Agency, he must have approval. by July 1 to comply with their requirements. No action has been taken yet. Bill Fair suggested that Rick Wolfsteller provide all Council members with a copy of the letter on this topic. He would also like this put on the next Council agenda to adopt a formal position by the City. Page 7