City Council Minutes 02-12-1990MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, February 12, 1990 - 7:00 p.m.
Members Present: Ken Maus, Warren Smith, Shirley Anderson,
Fran Fair, Dan Blonigen
Members Absent: None
2. Approval of minutes.
Motion was made by Warren Smith, seconded by Shirley
Anderson, to approve the minutes of the regular meeting
held January 22, 1990, with the addition of a notation
that the public hearing was opened and closed under item
#4. Motion carried unanimously.
3. Citizens comments/petitions, r&quests,, and complaints.
Ben Smith, member of the Monticello Housing and
Redevelopment Authority, thanked Council for sending him
to the tax increment financing all -day seminar. During
his presentation, Smith reviewed proposed legislation
affecting the use of tax increment financing. He also
noted that every city needs a comprehensive tax increment
financing policy and that a joint policy should be
adopted by the City and by the HRA. Smith noted that the
HRA and the City should discuss this matter together and
establish a common guideline.
Ken Maus thanked Smith for his comments and agreed that
the City and the HRA should sit down together and develop
a policy statement guiding the City in its use of tax
increment financing.
4. Public hearing on proposed increases in retail license
fees for non -intoxicating and intoxicating liquor
licenses.
The public hearing was opened. There being no comments
from the public, the hearing was closed. Administrator
Wolfsteller reviewed his recommendation regarding liquor
license fees. Wolfsteller noted that he surveyed a
number of communities and established a proposed fee
structure based on the average fees charged by other
communities. Fran Fair asked if there had been any
comments regarding the proposed fee schedule from
individuals affected. Administrator Wolfsteller replied
that no comments had been forthcoming.
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5.
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After discussion, a motion was made by Fran Fair,
seconded by Dan Blonigen, to adopt the proposed
recommended fee schedule for all intoxicating and non -
intoxicating liquor licenses as follows:
On -sale liquor
Sunday liquor
On -sale 3.2 beer
Off -sale beer
On -sale wine
Set-up license
Combination wine/3.2
$3,750
$ 200
$ 275
$ 75
$ 275
$ 275
beer on -sale $ 500
Motion carried unanimously.
Public hearing - 7th Street improvement project. AND
Consideration of a resolution ordering plans and
specifications for street and utility improvements and
appurtenant work - 7th Street and Minnesota Street.
Mayor Maus opened the public hearing. Assistant
Administrator O'Neill requested that Council consider
ordering plans and specifications for plan #1 or plan #2.
O'Neill noted that due to timing constraints, it may not
be possible to wait until March 12, 1990, to decide on
which plan to follow. OSM needs time between February 12
and March 26 to complete the plans.
O'Neill went on to review the finance plans associated
with the two plans. Discussion focused on the financing
of the extension of sanitary sewer and water services
from the present location at the corner of Minnesota
Street and 7th Street to the freeway.
O'Neill explained that the cost to the Brennan and Kramer
property to extend sewer and water amounts to $24,000.
Council discussed a proposal to defer these assessments
until such time that the utilities were needed. Under
this scenerio, the assessment amount would equal the cost
to install the improvements at the time they are needed.
Adjustments to the assessment to be based on the
construction index. Tax increment financing revenue
would be used to pay the initial cost of the improvement.
Tom Brennan indicated that he would support the plan to
extend sewer and water as proposed if the assessment for
such improvement is deferred. He also noted that he
would record the proposed assessment at such time that
the final construction cost is known.
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Council also discussed the extension of storm water
service to serve the Brennan property as well. The
estimated cost to serve this area is $23,000. It was
proposed that tax increment financing be used to finance
the initial cost with Brennan paying an assessment for
this service at such time that the property being served
is developed. Under this scenerio, the assessment amount
would equal the cost to install the improvements at the
time they are needed. Adjustments to the assessment to
be based on the construction index. The City Engineer
noted that the City will save $30,000 in the future by
installing this structure as part of the 7th Street
improvement project.
Dan Blonigen asked if plan #2 can be bid as an alternate.
John Badalich responded by saying that the reduced plan
can be bid as an alternate and could be selected at a
later date.
After discussion, motion was made by Fran Fair, seconded
by Warren Smith, to authorize plans and specifications
per plan #1 contingent on The Lincoln Companies paying
$10,000 toward the cost of plan development. Said plan
development will not begin until a $10,000 deposit is
provided to the City by The Lincoln Companies. Motion
carried unanimously. SEE RESOLUTION 90-4.
Consideration of the petition from Meadow Oak development
residents.
Council reviewed a petition submitted by Meadow Oak
residents which requested that the City take action to
control development of proposed low income, first-time
home buyer housing in the Meadow Oak Second, Third, and
Fourth additions, as such a development will decrease the
value of their current residences.
Building Inspector, Gary Anderson, indicated that plans
for development of this type of housing have been
withdrawn by the developer; therefore, the problem
identified by the Meadow Oak residents has been
eliminated for the time being.
Mayor Maus noted that the withdrawal of the development
plans gives Council the opportunity to housing
development explore alternatives.
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Pat Faltersack, area resident, noted that he was not
against the housing program; however, he did feel that
the homes proposed were not consistent with the nature of
the existing subdivision.
Rhonda Thielen noted that this type of development could
happen in any neighborhood and that it is not a city-wide
problem. She also noted that the public nuisance
ordinance violations are not corrected on a timely basis.
Fran Fair commended the local residents for their
attempts to upgrade their neighborhood and thereby
improve the community. She supported stronger efforts to
eliminate public nuisance problems.
Warren Smith asked what the minimum standards are for
residential construction in neighboring cities. He
wondered if Monticello's residential housing construction
standards should be changed. Ken Maus noted that the
size of a home is not a major factor in establishing its
value. It's not so much the size, as small homes are not
always the cause of a poor neighborhood.
Assistant Administrator O'Neill noted that there is a
demand in the Monticello area for starter homes. A plan
should be developed to accommodate this need without
creating a negative impact on established residential
areas. Mayor Maus concurred that City staff contact the
City planner and develop a proposal for accommodating the
single family housing need in the community without
creating a negative impact on existing residential
neighborhoods.
Motion was made by Shirley Anderson, seconded by Fran
Fair, to authorize City staff to contact the City planner
for the purpose of studying this matter further. Motion
carried unanimously.
Consideration of an ordinance amendment further definin
public nuisances.
Administrator Wolfsteller noted that since our underlying
purpose in having a public nuisance ordinance is to
eliminate blight and unsightly conditions in both
residential and commercial neighborhoods, the staff and
the City attorney feel that it is necessary to amend our
ordinance to eliminate the possibility of individuals
storing a large number of automobiles outdoors. As a
result, it was suggested by the City attorney that the
ordinance amendment be adopted, which would strengthen
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the City's ability to control storing of unused vehicles
on residential property. At this point, Council reviewed
the proposed amendment.
Council did not achieve a consensus on this matter;
therefore, motion was made by Shirley Anderson, seconded
by Fran Fair, to postpone a decision regarding this
matter until the second meeting in March. Motion carried
unanimously.
9. Consideration of ordinance to regulate cigarette vending
machines.
Mori Malone was in attendance and reviewed the reasons
why she submitted the idea of development of the
ordinance. Malone noted that by eliminating cigarette
vending machines we can improve the health of our youth
by decreasing the easy availability of cigarettes. She
also noted that it's the 16th anniversary of D -Day, which
had its origin in Monticello.
Assistant Administrator O'Neill noted that prior to
development of the final wording of the ordinance, staff
would like to know if Council wishes to enact a complete
ban on cigarette vending machines or a partial ban.
O'Neill went on to note that the City of Big Lake
prohibits cigarette sales through vending machines
everywhere except in an establishment that has on -sale
intoxicating liquor licenses. On the other hand, the
City of White Bear Lake does not allow cigarettes to be
sold through vending machines anywhere in the city.
Ken Maus noted that in Minneapolis, cigarette machines
are allowed to operate in motels.
Dan Blonigen reviewed his opposition to regulating
cigarette sales through vending machines. He noted that
tobacco is a legal substance and is even still subsidized
by the government. By eliminating vending machines, we
will create a new set of problems. Our efforts would be
better spent educating youth regarding the hazards of
cigarette smoking.
After discussion, it was the general consensus to develop
an ord' nance which would allow cigarette vending machines
to be operated in liquor establishments or other areas
where it is impossible for individuals under 18 years of
age to access the cigarette vending machines.
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10. Update by City Attorney on current litigation issues.
City Attorney, Tom Hayes, updated the Council on the
status of the Senior Citizen Director lawsuit. Hayes
informed Council that the note of issue has been filed
and no response to the City's offer has been received.
A pre-trial conference is now coming forward. Council
took no action on this matter.
11. Review of Monticello Softball Association financial
report for 1989 and update on expenditures relating to
NSP softball field complex.
Rick Wolfsteller updated the Council on total
expenditures at the softball complex and reviewed the
Softball Association's financial report. Wolfsteller
noted that the fees collected from the Softball
Association do not cover 100% of the annual maintenance
cost of the field; however, he also noted that the Men's
Softball Association is not the only organization that
utilizes the field. Wolfsteller went on to say that if
Council feels additional revenue is needed, we may want
to investigate charging other organizations that utilize
the complex also or charge the Softball Association a
higher fee to use the field.
Ken Maus asked how the Monticello fees compare to fees
required by other communities. Roger Mack noted that the
fee schedule was established two years ago and was based
on fees charged at a field in Mankato. Maus suggested
that once we demonstrate what others are requiring for
fees, we can then set our own fees. Warren Smith noted
that the Softball Association is doing a good job, and he
saw no need to adjust fees at this time.
After discussion, motion was made by Fran Fair, seconded
by Warren Smith, to accept the financial report submitted
by the Monticello Softball Association. Amendments to
the existing fee structure to occur only after review of
fees charged by other cities. Motion carried
unanimously.
12. Consideration of award of bids for Project 90-1, booster
pump refurbishment, at the water reservoir on Chelsea
Road.
John Simola reported that it's the recommendation of the
City Engineer, Public Works Director, and Water
Superintendent that the City Council award the
refurbishment of existing pumps to the lowest bidder able
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to satisfy technical requirements. The two bids received
were submitted by E. H. Renner & Sons at a cost of
$35,296. The second alternative would be to award the
bid to Traut Wells, Inc., in the amount of $39,900.
Simola went on to note that the last estimate given the
City Council for the work was $42,000; therefore, the
bids are within the latest proposed budget projections.
After discussion, motion was made by Warren Smith,
seconded by Shirley Anderson, to award the bid to the
lowest bidder able to satisfy technical requirements.
Motion carried unanimously.
13. Consideration of renewing contract for engineering and
consulting services and revised engineering fee schedule.
Shirley Anderson noted her concern regarding the length
of time it takes for the City to obtain updated base
miaps. John Badalich responded by saying that updates to
base maps are usually done on an annual basis and are not
done at the end of every project. It is less expensive
in terms of printing costs to update maps on an annual
basis rather than on a project basis. Shirley Anderson
also was concerned that the City did not receive up-to-
date monthly reports on project expenditures. John
Badalich responded by saying OSM will make a better
effort to make sure that the City receives up-to-date
project cost information on a monthly basis.
Rick Wolfsteller noted that the continuation of
engineering services with OSM does not have to be a
guaranteed commitment that all engineering services have
to be performed by OSM. The City Council may wish, and
the staff would like the option, to utilize other
engineering firms should the need arise for a specific
project or task. If staff feels that a future project
would be more appropriately handled by another
engineering firm, this would be brought to the Council
for their approval. Assistant Administrator O'Neill and
Public Works Director, John Simola, both indicated that
the engineers from OSM supporting John Badalich have been
doing a good job of late and have been providing timely
service to the City.
After discussion, a motion was made by Fran Fair,
seconded by Warren Smith, to continue the consulting
services agreement with OSM and adopt the revised fee
schedule. During discussion, Ken Maus noted that this
agreement can be terminated upon 30 days notice if the
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need arises. Voting in favor of the motion: Ken Maus,
Fran Fair, Warren Smith, Shirley Anderson. Opposed: Dan
Blonigen. In explaining his opposition, Dan Blonigen
stated that he was not satisfied with the number of
change orders associated with projects throughout the
years. John Badalich responded by saying that many of
the change orders were not foreseeable and were found
necessary only after the project is started.
14. Consideration of hiring an inspector.
John Simola reported that over the last few years we have
considered hiring our own inspector for various public
improvement projects. In addition, the work load in
other departments, primarily the sewer and water
utilities department, has increased to a point where
additional staffing is needed. In addition, OSM
indicated that if the individual hired was competent, the
City engineer would have no problems signing off on
improvement projects. Simola also noted that in 1989 the
City spend $42,000 on improvement inspections. About
7.30 of this time was on private projects. At the same
time, it would cost the City approximately $29,000 to
$34,000 per year to hire an inspector, including salary
and benefits. Based upon OSM's new rate for construction
observation, it is easy to see that we only need to
provide 655 hours of inspection work on public projects
to pay for 100% of the individual's salary for the whole
year. Aside from the public improvement projects, there
are other numerous duties that the inspector could
perform for the City.
Ken Maus noted his support for the idea, as hiring an
inspector will improve quality control while saving money
at the same time.
After discussion, motion was made by Fran Fair, seconded
by Warren Smith, to develop a job description based on
the above task descriptions and advertise for a full-time
inspector with a salary range of $24,000 to $27,000 per
year depending on qualifications. Motion carried
unanimously.
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15. Consideration of adopting a resolution calling for a
public hearing on the proposed modification by the
Housing and Redevelopment Authority in and for the City
of Monticello of the redevelopment plan for Redevelopment
Project #1, the modification of the tax increment
financing plans for Tax Increment Financing District Nos.
1-1 through 1-8, and the approval and adoption of the tax
increment financing plan for Tax Increment Financing
District No. 1-9.
After discussion, motion was made by Dan Blonigen,
seconded by Shirley Anderson, to adopt a resolution
calling for a public hearing date on February 26, 1990,
for TIF plan relating to Tax Increment Financing District
1-9. SEE RESOLUTION 90-5.
16. Consideration of adopting a resolution giving preliminary
approval for the Tapper, Inc., project and giving
preliminary approval for the issuance of small business
development loan revenue bonds.
Shirley Anderson asked if adopting the resolution will
create a financial liability for the City. Pat Pelstring
of Business Development Services responded by saying that
the resolution states that the City supports the
development proposed by Tapper, Inc., which gives the
State the authority to issue the small business
development loan revenue proceeds to Tapper, Inc., for
purposes of financing a portion of the Tapper, Inc.,
project.
After discussion, a motion was made by Warren Smith,
seconded by Fran Fair, to adopt a resolution giving
preliminary approval for the Tapper, Inc., project and
giving preliminary approval for the issuance of small
business development loan revenue bonds. Motion carried
unanimously.
SEE RESOLUTION 90-6.
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17. Reconsideration of adopting a resolution relating to the
modification by the Housing and Redevelopment Authority
in and for the City of Monticello of the Redevelopment
Project No. 1, the modification of the tax increment
financing plans relating to Tax Increment Financing
District Nos. 1-1 through 1-10, and the establishment of
Tax Increment Financing District No. 1-11, all located
within Redevelopment Project No. 1, and the approval and
adoption of the tax increment financing plan.
011ie Koropchak reported that the Housing and
Redevelopment Authority requests that Council reconsider
this resolution which was not adopted at the previous
Council meeting. Koropchak went on to report that
additional information is available that might cause
Council to reconsider its previous position on this
matter.
Ken Maus noted that the Council may have misunderstood
the main thrust of Martie's Farm Service business
activity. He went on to note that after reading the
business description submitted by Mr. Martie, a large
portion of the business activity is commercial rather
than retail. At this point in the meeting, Council
discussed policies with regard to the use of tax
increment financing. Pat Pelstring of Business
Development Services noted that the Housing and
Redevelopment Authority struggled with the same issue
that Council discussed at the previous meeting. The HRA
was also concerned that this type of project was purely
retail versus commercial. As a result of the HRA's
concern, the HRA recommended that the use of tax
increment financing equal the portion of the project
focusing on commercial rather than retail business use.
Pelstring went on to note that the HRA supported the
project because it felt that the local business community
and business owners should receive consideration when
requesting assistance via TIF; and although the Martie's
Farm Service project is not pure manufacturing, it does
have substantial aspects that relate to manufacturing.
Dan Blonigen noted that he's bothered by the fact that
the City is forced into using tax increment financing in
order to compete with financial programs provided by
other cities. He noted his desire that the State
restrict it appropriately and that it is out of control.
Ken Maus noted that it is wikely that the legislature
will modify the TIF statutes so as to control its use.
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He also went on to note that the Martie's Farm Service
business is a business that has a regional draw. In
fact, the farm service could locate elsewhere. It may
make sense for the City to utilize tax increment
financing in order to keep this business in Monticello.
Mr. Martie mentioned that he did not attend the original
meeting. He apologized for not making it. It was his
understanding that his presence would not be necessary.
He went on to note that he does operate a unique business
that is generally non-competitive with other retail
businesses in the community and that his draw is regional
and local.
Fran Fair asked why tax increment financing is necessary
when it appeared that the business is going to relocate
anyway.
Mr. Martie indicated that the use of tax increment
financing was always a major component of the finance
plan and that the relocation to a large degree was
predicated on the ability to obtain the financing.
Ken Maus asked Martie to describe the ratio of retail
versus wholesale business that his business conducts.
Martie explained that a major portion of his business
comes from wholesale distribution of salt, pet food,
oats, animal feeds. Fran Fair asked if Martie is going
to expand into other product lines. Martie explained
that yes, he will be expanding into agriculture related
hobby farm products, different foods for different
animals. He did note that he would be doing some retail
but not a lot of volume.
Ken Maus noted that the HRA felt an obligation to bring
this information forward regarding the nature of the
business. He also went on to note that the State will
act to rectify the tax increment financing legislation;
however, at this time we are bound to operate within the
rules that exist.
Shirley Anderson asked, "Are we satisfied that this
development would not occur without tax increment
financing?" Ken Maus responded by saying that the "but
for" question is not simply a financial distinction. In
other words, if it was not "but for" tax increment
financing used in Monticello, the development would have
gone elsewhere.
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Dan Blonigen brought the discussion to a close by snaking a
motion to reverse the previous decision and adopt the
resolution approving use of tax increment financing in this
case. Warren Smith seconded by motion. Motion carried
unanimously. SEE RESOLUTION 90-7.
18. Consideration of change order 01 and final payment for
Improvement Project 88-06, water main and appurtenant work
near the old wells and to the new water tank.
Motion was spade by Warren Smith,, seconded by Fran Fair, to
approve change order 11 in the amount of $4,153.25 and approve
final payment to the contractor, Richard Knutson of Savage,
Minnesota, in the amount of $25,993.99. Motion carried
unanimously.
19. Consideration of authorizing the purchase of Resninele property.
Rick Wolfsteller informed Council that City staff has been
working extremely hard in attracting Reinmele Engineering,
Inc., of Big Lake to locate their new facility in Monticello.
As part of the proposal to relocate in Monticello, Resninele
proposed that the City purchase 68.7 acres of land adjacent to
the city. The money used in this purchase would be
contributed toward the costs associated with building the
manufacturing plant in Monticello.
Ken Maus noted that he supports the purchase of the property
at its appraised value and noted that the property is a
sellable piece of property, which would allow the City to
recover its investment.
After discussion, motion was ;Wade by Dan Blonigen, seconded by
Shirley Anderson, to authorize the preparation of a purchase
agreement at the stated market appraisal of $55,000 contingent
upon Resninele starting construction of their new facility in
Monticello. Motion carried unanimously.
20. Consideration of a resolution adopting a records retention
schedule.
After discussion, a motion was spade by Shirley Anderson,
seconded by Warren Smith, to table adoption of the resolution
adopting a records retention schedule pending further review
by staff. Motion carried unanimously.
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21. Quarterly department head reports.
At this time in the meeting, department head reports were
received from Don Hozempa, Karen Hanson, Jerry Wein, Rick
Wolfsteller, Jeff O'Neill, Gary Anderson, John Simola,
and 011ie Koropchak.
There being no further discussion, the meeting was adjourned.
J f 'Neill
Assistant Administrator
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