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City Council Minutes 01-10-1983MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL January 10, 1983 - 7:30 P.M. Members Present: Arve Grimsmo, Jack Maxwell, Fran Fair, Ken Maus, Dan Blonigen. Members Absent: None. 2. Oath of Office - Officers Elected in November. The oath of office was given to Council Members Jack Maxwell and Fran Fair along with the recently re-elected Mayor Arve Grimsmo. (See Exhibit #1). 3. Approval of the Minutes of the December 13th, 1982 Regular Meeting. A motion was made by Fair, seconded by Maus to approve the minutes of the regular meeting held December 13, 1982. Voting in favor were Fair, Maus and Grimsmo, with Blonigen and Maxwell abstaining as they were not present at the last meeting. 5. Meadow Oak - Continuation of a Public Hearing. It was the consensus of the Council to continue the public hearing on the proposed extension of public utilities to the Meadow Oak Subdivision until the developers of the property finalize their ownership in the land involved until Jan- uary 24th, 1983. 6. Consideration of a Personnel Issue Concerning Mr. Loren Klein. The Mayor acknowledged that Mr. Klein was present but before proceeding at length requested that Eidem bring the Council update. Eidem summarized the course of events that had occurred indicating that on the morning of November 15th, the Council met and after some discussion at that time were in general agreement that termination proceedings should be initiated, but that he (Eidem) had suggested the Council mandate a leave of absence and an evaluation for Mr. Klein. He noted that Mr. Klein agreed to that provision. Eidem explained that the original intent was for the City to en- gage someone to do the evaluation and as a result would have access to information that could help in their decision. Eidem presented to the Council a letter from Abbott North- western Hospital explaining that the original intent had been lost within the hospital communication channels and as - 1 - Council Minutes - 1/10/83 such the therapist working with Klein knew nothing of the in- tended arrangement and felt that Klein was not his client and he was unable to reveal confidential information for the Council's benefit. It was noted that the City was not paying for the evaluation sessions but rather Klein's insurance was. Eidem noted that in spite of the confusion the matter may now be simplified in that it is Klein's obligation in order to be reinstated from his leave of absence to provide to the City Council a doctor's certificate pronouncing him suitable to resume his duties. Once reinstated the Council would be required to make a second decision concerning whether or not to commence termination proceedings. Mr. Klein stated that though he went to his doctor's office, the doctor was not in and he was not able to secure a doctor's certificate at that time. The question was raised by several members of the Council as to whether or not the City should allow Klein to pick another therapist to work with but that the City would in fact pay and thus have access to the evaluation or assessment. Eidem raised the point that such a step might be more confusing to the issue when in fact all that would really be required at this time would be the doctor's cer- tificate. Following approval of that certificate, the Council reiterated, and they could commence termination proceedings. Once termination proceedings were begun, then Mr. Klein could present medical evidence on his own behalf if he wished to do that. Eidem noted that should the evidence and data that Mr. Klein presents during the termination be sufficient, the Council could stop the termination proceedings at any time. Eidem suggested to the Council that the entire matter be turned over to the City Attorney to prepare the legal frame- work for reinstatement and/or termination proceedings for January 24th, 1983. City Attorney Pringle was present and stated that he would in these early stages accept the task but recommended that the City investigate hiring an outside attorney to handle this matter, since 1) he may be called as a witness and 2) his working relationship with Loren, should he be reinstated, could be severely jeopardized if he is in a position of assisting with the termination. Klein spoke briefly to the Council explaining why the certificate was not available on this day and explaining that he would do whatever was possible to secure that permit by the 24th or earlier. He stated that in his opinion, the Council members were not only his employers but his friends. A motion by Fair, seconded by Blonigen and carried unanimously to 1) extend the leave of absence with pay until January 24th and 2) to turn the entire matter over to the City Attorney in order to pre- pare the legal framework for termination proceedings. Be- fore closing the discussion, Eidem noted that it was im- portant for the City to proceed in a careful and legal man- ner so as to protect the rights of both the employee and - 2 - WARW• MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL January 10, 1983 - 7:30 P.M. Members Present: Arve Grimsmo, Jack Maxwell, Fran Fair, Ken Maus, Dan Blonigen. Members Absent: Axone. 2. Oath of Office - Officers Elected in November. The oath of office was given to Council Members Jack Maxwell and Fran Fair along with the recently re-elected Mayor Arve Grimsmo. (See Exhibit #1). 3. Approval of the Minutes of the December 13th, 1982 Regular Meeting. A motion was made by Fair, seconded by Maus to approve the minutes of the regular meeting held December 13, 1982. Voting in favor were Fair, Maus and Grimsmo, with Blonigen and Maxwell abstaining as they were not present at the last meeting. 5. Meadow Oak - Continuation of a Public Hearinq. It was the consensus of the Council to continue the public hearing on the proposed extension of public utilities to the Meadow Oak Subdivision until the developers of the property finalize their ownership in the land involved until Jan- uary 24th, 1983. 6. Consideration of a Personnel Issue Concerninq Mr. Loren Klein. The Mayor acknowledged that Mr. Klein was present but before proceeding at length requested that Eidem bring the Council update. Eidem summarized the course of events that had occurred indicating that on the morning of November 15th, the Council met and after some discussion at that time were in general agreement that termination proceedings should be initiated, but that he (Eidem) had suggested the Council mandate a leave of absence and an evaluation for Mr. Klein. He noted that Mr. Klein agreed to that provision. Eidem explained that the original intent was for the City to en- gage someone to do the evaluation and as a result would have access to information that could help in their decision. Eidem presented to the Council a letter from Abbott North- western Hospital explaining that the original intent had been lost within the hospital communication channels and as - 1 - Council Minutes - 1/10/83 such the therapist working with Klein knew nothing of the in- tended arrangement and felt that Klein was not his client and he was unable to reveal confidential information for the Council's benefit. It was noted that the City was not paying for the evaluation sessions but rather Klein's insurance was. Eidem noted that in spite of the confusion the matter may now be simplified in that it is Klein's obligation in order to be reinstated from his leave of absence to provide to the City Council a doctor's certificate pronouncing him suitable to resume his duties. Once reinstated the Council would be required to make a second decision concerning whether or not to commence termination proceedings. Mr. Klein stated that though he went to his doctor's office, the doctor was not in and he was not able to secure a doctor's certificate at that time. The question was raised by several members of the Council as to whether or not the City should allow Klein to pick another therapist to work with but that the City would in fact pay and thus have access to the evaluation or assessment. Eidem raised the point that such a step might be more confusing to the issue when in fact all that would really be required at this time would be the doctor's cer- tificate. Following approval of that certificate, the Council reiterated, and they could commence termination proceedings. Once termination proceedings were begun, then Mr. Klein could present medical evidence on his own behalf if he wished to do that. Eidem noted that should the evidence and data that Mr. Klein presents during the termination be sufficient, the Council could stop the termination proceedings at any time. Eidem suggested to the Council that the entire matter be turned over to the City Attorney to prepare the legal frame- work for reinstatement and/or termination proceedings for January 24th, 1983. City Attorney Pringle was present and stated that he would in these early stages accept the task but recommended that the City investigate hiring an outside attorney to handle this matter, since 1) he may be called as a witness and 2) his working relationship with Loren, should he be reinstated, could be severely jeopardized if he is in a position of assisting with the termination. Klein spoke briefly to the Council explaining why the certificate was not available on this day and explaining that he would do whatever was possible to secure that permit by the 24th or earlier. He stated that in his opinion, the Council members were not only his employers but his friends. A motion by Fair, seconded by Blonigen and carried unanimously to 1) extend the leave of absence with pay until January 24th and 2) to turn the entire matter over to the City Attorney in order to pre- pare the legal framework for termination proceedings. Be- fore closing the discussion, Eidem noted that it was im- portant for the City to proceed in a careful and legal man- ner so as to protect the rights of both the employee and - 2 - Council Minutes - 1/10/83 the City. He noted that should termination proceedings be- gin, Mr. Klein would have to be paid while not being at work or performing his duties during the proceedings. He also noted that it seems as though Mr. Klein qualifies for vet- eran's preference rights and would be treated as such. Mr. Klein also requested, at one point, that Eidem be directed to release any information in his personnel file that his therapist may request. Klein felt that this would be essential for the doctor to make a determination relative to Klein's suitability to return to work. 7. Consideration for a Conditional Use Permit - Dr. Clarence McCarty. Dr. Clarence McCarty, who resides at 319 West 3rd St. (Lot 2, Block 37) has requested a conditional use permit to be al- lowed to establish a commercial retail activity in an R -B zone. Dr. McCarty requested the permit to be allowed to open and sell at retail a variety of birds from his pro- posed pet shop to be located at his home. According to our zoning ordinance, a conditional use per- mit is required for a retail, commercial activity in an R -B zone provided that certain conditions are met. Dr. McCarty currently raises birds as a hobby and is request- ing permission to occasionally sell and buy exotic birds. In addition, he proposes to occasionally sell related items such as bird cages, bulk feed, etc. The proposed retail activity would take place in a separate barn type structure that is located on the property approximately 60 feet from his home. Council members discussed with Dr. McCarty whether he was aware that city ordinances require any retail activity to provide off street parking that is hard surfaced with curb and gutter requirements. It was noted by the Council that if the business were to exist primarily as a whole sale business, without retail activity. a vari- ance could be granted from the hard surfacing require- ments but if a retail activity does exist, off street parking would have to provided. Dr. McCarty noted that approximately 90% of his business is in the whole sale nature, but felt that he would still like to pursue the retail portion of the permit. Dr. McCarty also indi- cated that possibly some type of arrangement could be made with the adjacent property owner, Mrs. Darwin Straw, who operates a gift shop to use a portion of her parking lot on a sharing basis. - 3 - Council Minutes - 1/10/83 The Planning Commission previously recommended that the con- ditional use permit be granted provided that: 1) the busi- ness be a family business only with only family members employed; 2) the retail activity be associated only with birds and not be open to other animals associated with a normal pet store and; 3) that off street parking be pro- vided. As a result of the discussion, a motion was made by Fair, seconded by Blonigen and unanimously carried to approve the conditional use permit for the retail activity of a bird shop (aviary) for a period of one year at which time it will be reviewed and also to grant a one year variance from the requirement of hard surfacing of parking areas, which will also be reviewed at the end of one year. 8. Consideration of Change Orders #81, 82 and 83 with the Paul A. Laurence Company. The following change orders with the Paul A. Laurence Com- pany on the Wastewater Treatment Plant construction pro- ject were reviewed with the Council. Change Order #81 involved restoration of the property be- tween the new fence and Hart Boulevard along with other sodding and seeding outside the limits of the original fence line. The estimated cost was $6,468.00. In dis- cussing this change order, the Council recommended that this item be tabled for further review for more infor- mation on the cost involved in an effort to get the cost lower. Change Order #82 involves the installation of a value in the sludge line at the bottom of the clarifiers to re- strict the free flow of sludge that is now occurring through the pumps and pumping. The estimated cost is $3,194. Change Order #83 in the amount of $3,840 is for the in- stallation of a drench shower and eyewash station in the immediate work area of the laboratory and boiler room where chemicals are stored, mixed and used. A motion was made by Maus, seconded by Fair and unanimous- ly carried to approve change orders #82 and #83 with the Paul A. Laurence Company on the Wastewater Treatment con- tract in the amount of $7,034 with change order #81 being tabled at the present time for more information on cost. - 4 - Coumcil Mintues - 1/10/83 In a related item concerning the Wastewater Treatment Plant property, it was the general consensus of the Council to rent the recently purchased Lindberg home for $350 a month as soon as the materials being stored in the home can be moved to the Wastewater Treatment Plant. The general consensus of the Council was that the Lindberg home would not be sold or moved but would be kept at its present location to be used as rental property. 9. Consideration of Annual Appointments. Minnesota Statutes require that at the first meeting of the new year, certain appointments must be made by the City Council. A schedule of the current Monticello functions, committies, and duties were reviewed by the Council. Current Planning Commission members Jim Ridgeway and John Bondhus have previously indicated a desire to resign from the commission but Mr. Ridgeway has indicated a willingness to serve temporarily during 1983 as Chairman of the Planning Commission. Mr. John Bondhus has indicated that he would be available for the January, 1983 Planning Commission meeting but would prefer that the Council appoint a replacement effective February, 1983. It was recommended that Mr. Don Cochran who has expressed interest in being a member of the Planning Commission be appointed to fill the vacancy that would be created by John Bondhus's resignation effective February, 1983. It was recommended by the Mayor that Council Member Ken Maus be appointed as the new acting Mayor to replace the previous acting Mayor, Phil White, who is no longer on the Council. It was also recommended that Dr. Don Maus be appointed as the health officer for the City of Monticello. Mr. Erwin Kallin of the Library Board has indicated that he wishes to resign from his position and it was recommended that Mr. Warren Smith be appointed to fill the vacancy on this board. In addition, Board Members, Pat Schwarz and Dr. Donald Maus, have indicated a willingness to be re- appointed to additional terms on the board. A motion was made by Maus, seconded by Blonigen and unani- mously carried to re -appoint all current members as listed with Warren Smith being added to the Library Board to re- place Erwin Kallin, and Don Cochran being appointed to the Planning Commission to replace John Bondhus effective February, 1983, and Ken Maus being appointed acting Mayor in replacement of Phil White. (see Exhibit ##2 for complete listing of official appointments). - 5 - Council Minutes - 1/10/83 10. Consideration of a Special Request by OSM for a Payment of Fees in Excess of the Contract Amount. Mr. John Badalich, Consulting Engineer of OSM, requested that this item be tabled at the present time until the engineering firm has had an opportunity to undergo an evaluation with the City Council in the near future. It has been recommended that the city consulting engineer along with the consulting planner and city auditors under- go an annual evaluation by the City Council to clearly layout the City's expectations of all consultants for the year 1983. 11. Approval of the Bills. A motion was made by Blonigen, seconded by Maus and unani- mously carried to approve the balance of the bills present- ed for December, 1982. (See exhibit #3). 12. Consideration of Bid for Removing House - Monticello Develop- ment Corporation Property. John Simola, Public Works Director, informed the Council that a, bid in the amount of $1,400 has been received from Brenteson Construction of Big Lake for the demolition and removal of the block house located on portions of Lots 13 and 14, Block 51. This is the property previously owned by Monticello Develop- ment Corporation which the City of Monticello has an option to purchase in the near future. The Development Corporation partners have expressed interest in having this home de- molished and removed and it was recommended by the Public Works Director that the $1,400 bid be accepted. The above item was approved by consensus of the Council to have Brenteson Construction remove the home as bid. 13. Miscellaneous. City Administrator recommended that the Council appoint two members of the Council to be on a committee to negotiate with Security Federal for the purpose of establishing a sale price of the Oakwood Block. Currently, Security Federal has ex- pressed interest in purchasing the block and developing the entire parcel and it was the City Administrator's recommenda- tion that the Council appoint a committee to continue along with himself the negotiations for establishing a sale price - 6 - Council Minutes - 1/10/83 that can be considered by the City Council. By consensus, Council Members Ken Maus and Jack Maxwell were appointed to this committee. Meeting Adjourned. f Rick Wolf stel er Assistant Administrator - 7 -