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City Council Minutes 07-22-1996MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, July 22, 1996 - 7 p.m. Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Brian Stumpf, Tom Perrault Members Absent: None ! _ 1 1 W'__---1-- r9rMET,*,jw• • • A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY TOM PERRAULT TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD JULY 8, 1996, AS WRITTEN. Voting in favor: Clint Herbst, Tom Perrault, Shirley Anderson, Brad Fyle. Abstaining: Brian Stumpf. Motion passed. None. None. 5. Consent agenda. Mayor Brad Fyle requested that item 5D be removed from the consent agenda for discussion. Councilmember Perrault noted that the resolution for item 5A was adopted on June 24, 1996; therefore, item 5A was deleted from the agenda. A. Consideration of adopting a resolution authorizing prepayment of debt. 1986A G.O. Bond. This item was deleted from the agenda, as the resolution was adopted at the June 24, 1996, meeting. B. Consideration of approving issuance of a traveling show license for Kelly Miller Brothers Circus - Chamber of Commerce. Recommendation: Approve the issuance of a traveling show license to the Monticello Chamber of Commerce for the Kelly Miller Brothers Circus to be held on August 22, 1996, contingent on proof of liability insurance; Waive the Surety bond and license fee requirement; Bill posting on city light posts is prohibited. Page 1 Council Minutes - 7/22/96 C. Consideration of authorizing a voluntary payment to League of Minnesota Cities for funding a work plan to address city "right-of-way" issues. Recommendation: Approve the voluntary contribution of $444 to the League of Minnesota Cities work plan regarding right-of- way issues. D. Consideration of calling for a special Council meeting to discuss the recently- adopted storm sewerop licy. This item was removed from the consent agenda for discussion. E. Consideration of change order #1 - River Street Sanitary Sewer, Project 96-06C. Recommendation: Approve change order #1 on City Project 96-06C, River Street Trunk Sanitary Sewer, with Richard Knutson, Inc., in the amount of $5,663.75. F. Consideration of final payment on Cardinal Hills 5th Addition, Project 95-06C - Kadlec Excavating. Recommendation: Authorize final payment to Kadlec Excavating of Mora, Inc., for Cardinal Hills 5th Addition, Project 95-06C, in the amount of $31,768.98. G. Consideration of approving pecifications for Heartland Bus contract bid renewal. Recommendation: Approve the specifications and authorize advertisement for bids for Heartland Express service contract. H. Consideration of change order #1 to commuterap rking lot project, erect 96-08C.., for fire hall Viking 1Qtexpansion. Recommendation: Authorize City staff to negotiate a change order with Buffalo Bituminous for adding onto the fire hall parking lot at an estimated cost of around $2,500. Allow the public works department the flexibility to do the curb removal and common excavation if time permits. I. Consideration of appointing Parks Commissioner. Recommendation: Approve the appointment of Robbie Smith to the Parks Commission. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO ADOPT ITEMS 513, 5C, 5E, 5F, 5G, 5H, AND 5I AS RECOMMENDED. Motion carried unanimously. Page 2 Council Minutes - 7/22/96 IBM) 0134MMM's-1 =@- ell-ITIMEMMI 5D. Consideration Qf calljLag for a special Council meeting to discuss the recently- adopted storm sewer policy., Mayor Fyle requested that the Council schedule a special meeting to discuss the recently -adopted storm sewer policy prior to a regular meeting rather than on a separate night. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO SCHEDULE A SPECIAL MEETING FOR AUGUST 26, 1996, AT 6 P.M., TO DISCUSS THE STORM SEWER FEE POLICY. Motion carried unanimously. M11 memo r1r.711676119 Mrs 1-3 to ITS ME) ITER61010 I Of Mayor Fyle opened the public hearing. City Administrator Rick Wolfsteller reported that the proposed assessment roll listed those accounts which were delinquent more than 60 days and also included an administrative fee of $25 per account. It was recommended that the assessment roll be adopted for certification in 1997 at an interest rate of 8%. John and Donna Born stated that they recently repossessed the property known as B -Clean Laundry located at 355 East Broadway and asked why the delinquent account was allowed to accumulate so high. The total deliquent amount owed since the last certification was approximately $1,800. In addition, the building was damaged estimated at $30,000 - $40,000. The Borns asked what options were available for paying the bill and asked that Council consider reducing the amount of interest charged. Administrator Wolfsteller explained that the delinquent list is adopted as an assessment roll on a quarterly basis, and all owners are notified. If an owner makes arrangements to pay the amount over time and payments remain current, the City would keep the account off the delinquent list; however, if payments are not made as agreed, the account would be added to the delinquent list and certified to the taxes. Wolfsteller noted that typically the penalties and interest are not waived on delinquent accounts. There being no other comments from the public, the public hearing was closed. Page 3 Council Minutes - 7/22/96 AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO ADOPT THE ASSESSMENT ROLL EXCLUDING THE B -CLEAN LAUNDRY ACCOUNT AND AUTHORIZE THE CITY ADMINISTRATOR TO NEGOTIATE A PAYMENT PROGRAM WITH THE NEW OWNERS, JOHN AND DONNA BORN. Motion carried unanimously. SEE RESOLUTION 96-36. rl 8. Consideration of a request to modify terms of purchase agreement - OJIL-Lan%z parcel. i City Administrator Wolfsteller reported that the City entered into a purchase agreement with Ken and Carol Bohanon on March 7, 1996, to acquire their 158 -acre farm on West County Road 39. As part of the purchase agreement, the City provided a $75,000 down payment at closing and agreed to pay the $450,000 balance without interest by a contract for deed that would be paid primarily in two installments of $225,000 each when the City received a valid permit from the PCA for sludge application on the land and when the City received loan proceeds from the Public Facilities Authority. In any event, each of the installments would have to be paid by December 31, 1996. During negotiations with the Bohanons, the City was under the impression that the application for the biosolids permit would take approximately 90 days or more, and the City anticipated receiving a permit by June 1996. Wolfsteller noted that he was recently informed by the PCA that a draft permit should be available within the next few days, but the actual permit cannot be issued until after a 30 -day comment period. Bohanons have indicated that they expected half of the money to be paid by June; and since they felt the delay in the City receiving the sludge permit was beyond their control, they requested that Council consider amending the purchase agreement by making a $100,000 payment at this time, with the balance of the first half payment due when the permit is issued by the State. Wolfsteller explained that if the City paid $100,000 to the Bohanons at this time and the permit was issued by the PCA within the next 30 days, the City would lose interest earnings of approximately $400. Council noted that the City's commitment to purchasing the property was strong and that the Bohanons had been very cooperative; however, it was the view of Council that the City was paying a premium price for the property and did not want to also lose interest earnings by amending the purchase agreement. Page 4 Council Minutes - 7/22/96 AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT HERBST TO RELEASE $100,000 OF THE EXPECTED $225,000 PAYMENT THAT WOULD HAVE BEEN DUE IN APPROXIMATELY 30 DAYS MINUS THE INTEREST ESTIMATED AT $400 THAT THE CITY WOULD LOSE DURING THAT TIME. Motion carried unanimously. The City Administrator noted that this item could be deleted from the agenda, as the property owners withdrew their appeal regarding grass and weed removal. Public Works Director John Simola reported that the City's Construction Inspector makes a yearly visual inspection of all the concrete sidewalks in Monticello located on public property. For sidewalks located on the city grid system, the City will replace up to two panels annually without charge to the property owner. If the repair work involves three or more panels, the property owner is notified and a public hearing is held to order the repair or replacement, and the property owner is involved in the cost of repairs. Simola noted that during this year's inspection, it was noted that 19 panels need replacement. All areas needing replacement abutting private property involve two panels or less with the exception of Maple Street on the west side near St. Henry's Church, which may need three panels. Simola suggested that the City pay for the replacement cost in this area since necessary replacement was considered borderline. Simola also noted that property owners will be notified if low tree branches are hazardous and need to be trimmed. The public works department will offer to provide the tree trimming service. Councilmember Anderson asked whether the Construction Inspector makes a note of hazardous sidewalk panels where water freezes during freeze/thaw times of the year. Simola stated that it is difficult to avoid this situation if there is snow on the boulevard; however, he will instruct the Construction Inspector to make a note of those situations. Councilmember Perrault requested that the boulevard near Pump 'n Munch be reviewed, as it is bituminous rather than grass. In addition, Perrault requested that Pine Street near the freeway bridge as noted under item #81 of the Sidewalk Inspection Report be reviewed a second time. Page 5 Council Minutes - 7/22/96 AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO AUTHORIZE CITY STAFF TO REPLACE 19 PANELS OF SIDEWALK ON THE GRID SYSTEM, IN ADDITION TO A FEW SETTLED SECTIONS OF CURB AROUND THE COMMUNITY. MOTION INCLUDES THE RECOMMENDATION THAT THE CONSTRUCTION INSPECTOR INSPECT SIDEWALKS ON THE GRID SYSTEM DURING THE FREEZE/THAW SEASON. Motion carried unanimously. 11. Consideration of -cycling contract .._- to market .ng- - • Q.. -. Staff' requested that Council table this item pending receipt of information from D & K Refuse and Recycling, the City's current recycling hauler. 12. Consideration of bills for the month of July. AFTER DISCUSSION, A MOTION WAS MADE BY TOM PERRAULT AND SECONDED BY SHIRLEY ANDERSON TO APPROVE THE BILLS FOR THE MONTH OF JULY AS PRESENTED. Motion carried unanimously. There being no further business, the meeting was adjourned. ar n Doty Office Manager