Willmar City Council, published in the West Central Tribune, September 24, 2005

COUNCIL PROCEEDINGS

WILLMAR CITY COUNCIL PROCEEDINGS

COUNCIL CHAMBERS

WILLMAR MUNICIPAL UTILITIES BUILDING

WILLMAR, MINNESOTA

August 15, 2005 -- 7:00 p.m.

The regular meeting of the Willmar City Council was called to order by the Honorable Mayor Lester Heitke. Members present on a roll call were Mayor Heitke, Council Members Ron Christianson, Bruce DeBlieck, Denis Anderson, Cindy Swenson, Rick Fagerlie, Jim Dokken, and Steven Gardner; Present 8, Absent 1 - Doug Reese was excused from the meeting.

Also present were City Administrator Michael Schmit, Police Chief Jim Kulset, Fire Chief Marv Calvin, Public Works Director Mel Odens, Finance Director Steven Okins, Planning and Development Services Director Bruce Peterson, Community Education and Recreation Director Steve Brisendine, and City Clerk Kevin Halliday.

Following discussion, Resolution No. 1 was introduced by Council Member Christianson, seconded by Council Member Anderson, read by Mayor Heitke, and approved on a roll call vote of Ayes 5, Noes 2 - Council Members Dokken and Fagerlie voted "No."

RESOLUTION NO. 1

VACATING A PORTION OF A PUBLIC STREET

WHEREAS, the vacation of that portion of the dedicated street as described below was initiated by the City of said street: that portion of Monongalia Ave. SW lying southerly of Block 13 of Spicer's Addition to Willmar, Northerly of Block 3 of Erickson's Addition to Willmar and westerly of the west line of Third Street east, all in the North ½ of Section 14, Township 119, Range 35.

WHEREAS, the proposed vacation has been approved by the Planning Commission of the City of Willmar; and

WHEREAS, published notice and mailed notice of the proposed vacation and the hearing thereon have been given as provided by Subdivision 6 of Section 9.01 of Article IX of the Willmar City Charter; and

WHEREAS, a hearing was duly held on the proposal to vacate that portion of said street on August 15, 2005; and

WHEREAS, the City Council of Willmar finds that it is in the best interests of the City of Willmar to vacate that portion of said street;

NOW, THEREFORE, BE IT RESOLVED, that the above described portion of dedicated street be, and hereby is, vacated.

BE IT FURTHER RESOLVED that a certified copy of the Resolution be filed with the Kandiyohi County Recorder on or after August 22, 2005.

Dated this 15th day of August, 2005.

/s/ Lester Heitke, MAYOR

Attest: /s/ Kevin Halliday, CITY CLERK

Steve Renquist, Executive Director of the City/County Economic Development Commission, appeared before the Mayor and Council to seek approval of the Willmar Regional Treatment Center Master Plan and Re-use Study. Mr. Renquist presented the Plan and was asking the Council to pass a resolution approved the Plan. Following discussion of job creation and existing program protection clauses, Resolution No. 2 was introduced by Council Member Dokken, seconded by Council Member Anderson, read by Mayor Heitke, and carried on a roll call vote of Ayes 7, Noes 0.

RESOLUTION NO. 2

BE IT RESOLVED by the Willmar City Council that the Willmar Regional Treatment Center reuse plan involving the sale of land to Nova-Tech, Epitopix and Kandiyohi County is hereby approved.

Dated this 15th day of August, 2005.

/s/ Lester Heitke, MAYOR

Attest: /s/ Kevin Halliday, CITY CLERK

The Finance Committee Report for August 8, 2005, was presented to the Mayor and Council by Council Member Anderson. There were eight items for Council consideration.

Resolution No. 3 was introduced by Council Member Christianson, seconded by Council Member DeBlieck, read by Mayor Heitke, and approved on a roll call vote of Ayes 7, Noes 0.

RESOLUTION NO. 3

WHEREAS, the City of Willmar is relocating the wastewater treatment plant to property located at 2944 - 75th Street SW, Willmar, MN. Per the NPDES permit with the Minnesota Pollution Control Agency per the Special Requirements Chapter 1, Section 7, Subsection 7.4, states:

"Timely upgrade or replacement of the existing wastewater treatment plant is important to assure continued compliance with existing discharge limits and to address downstream aggregate affects on the Minnesota River. To assure continued progress is being made, the Permittee will provide the following:"

4. "By October 1, 2005, the Permiitee will submit a City approved working schedule for the above-mentioned work."

WHEREAS, the City of Willmar desires that the relocation of the wastewater plant be completed; and

WHEREAS, a working schedule has been prepared by Donohue & Associates, Inc. Program Manager of Project for such participation;

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Willmar to support the requirements of the MPCA, NPDES Permit, and approve the working schedule as presented; and

BE IT FURTHER RESOLVED, that said agreement be approved and that the Mayor and City Administrator be authorized to execute the same.

Dated this 15th day of August, 2005.

/s/ Lester Heitke, MAYOR

Attest: /s/ Kevin Halliday, CITY CLERK

Resolution No. 4 was introduced by Council Member Christianson, seconded by Council Member Fagerlie, read by Mayor Heitke, and approved on a roll call vote of Ayes 7, Noes 0.

RESOLUTION NO. 4

BE IT RESOLVED by the City Council of the City of Willmar, a Municipal Corporation of the State of Minnesota, that the bid of Willmar Electric Service, Inc. of Willmar, Minnesota for City Project No. 0507 is accepted, and be it further resolved that the Mayor and City Administrator of the City of Willmar are hereby authorized to enter into an agreement with the bidder for the terms and consideration of the contract in the amount of $128,181.04.

Dated this 15th day of August, 2005.

/s/ Lester Heitke, MAYOR

Attest: /s/ Kevin Halliday, CITY CLERK

Resolution No. 5 was introduced by Council Member Christianson, seconded by Council Member Dokken, read by Mayor Heitke, and approved on a roll call vote of Ayes 7, Noes 0.

RESOLUTION NO.5

ACCEPTING PROJECT AND AUTHORIZING

FINAL PAYMENT

IMPROVEMENT: Project No. 0407 - 2004 Street Lighting Improvements

CONTRACTOR: Willmar Municipal Utilities

DATE OF CONTRACT: September 14, 2004

BEGIN WORK: September 17, 2004

COMPLETE WORK: June 15, 2005

APPROVE, CITY ENGINEER: August 10, 2005

BE IT RESOLVED by the City Council of the City of Willmar, Minnesota, that:

1. The said City of Willmar Project No. 0407 be herewith approved and accepted by the City of Willmar.

2. The following summary and final payment be approved:

ORIGINAL CONTRACT AMOUNT: .....$46,644.40

Change Orders (None) .....$0.00

FINAL NET CONTRACT AMOUNT,

PROPOSED: .....$46,644.40

ACTUAL FINAL CONTRACT AMOUNT

AS CONSTRUCTED: .....$46,517.26

Less Previous Payments .....$32,787.92

FINAL PAYMENT DUE CONTRACTOR: .....$13,729.34

Dated this 15th day of August, 2005.

/s/ Lester Heitke, MAYOR

Attest: /s/ Kevin Halliday, CITY CLERK

There being no further business to come before the Council, the meeting adjourned at 8:55 p.m. upon motion by Council Member Fagerlie, seconded by Council Member DeBlieck, and carried.