City Council Minutes 03-26-1990MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, March 26, 1990 - 7:00 p.m.
Members Present: Ken Maus, Fran Fair, Warren Smith, Shirley
Anderson, Dan Blonigen
Members Absent: None
2. Approval of minutes.
Motion was made by Shirley Anderson, seconded by Dan Blonigen,
to approve the minutes of the regular meeting held March 12,
1990. Motion carried unanimously.
3. Citizens comments/petitions, requests, and complaints.
Betty Held of "Opening Doors" was present to promote
Disability Awareness Week. Mayor Maus read a proclamation
proclaiming the week of April 22 to April 28 as Disability
Awareness Week in Monticello.
4. Public hearing and consideration to affirm the modification of
Redevelopment Plan #1, modification of TIF Redevelopment
District Plan Nos. 1-1 through 1-8, and establishment of TIF
Districts 1-9 and 1-11, and to affirm the approval and
adoption of the TIF plans relating thereto.
There being no comments from the public, the public hearing
was closed. Motion was made by Fran Fair, seconded by Shirley
Anderson, to of firm the approval and adoption of the TIF plans
relating to Redevelopment Plan No. 1, modification of TIF
Redevelopment District Plan No. 1-1 through 1-8, and
establishment of TIF Districts 1-9 and 1-11. Motion carried
unanimously.
5. Public hearing relating to the modification of Redevelopment
Plan No. 1, modification of TIF Redevelopment Plan Nos. 1-1
through 1-9, and establishment of TIF District No. 1-10, and
the approval and adoption of the TIF plan relating thereto.
Motion was made by Warren Smith, seconded by Dan Blonigen, to
continue the public hearing to the next meeting of the City
Council. Motion carried unanimously.
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6. Public hearing (continued) - Consideration of vacation of
Fallon Avenue between Chelsea Road and I-94 and consideration
of vacation of utility easements.
Motion was made by Dan Blonigen, seconded by Warren Smith, to
continue this item to the next meeting of the City Council.
Motion carried unanimously.
7. Public hearing (continued) - Consideration of resolution
approving development plan and TIF plan for TIF District No.
1-1 (The Lincoln Companies/K-Mart).
After discussion, motion was made by Dan Blonigen and seconded
by Shirley Anderson to adopt a resolution approving
development program and TIF plan for City TIF District No. 1-1
(The Lincoln Companies/K-Mart).
SEE RESOLUTION 90-11.
8. Consideration of adopting developer's agreement between the
City of Monticello and The Lincoln Companies.
Assistant Administrator O'Neill reviewed the developer
agreement between the developers of the K -Mart project and the
City of Monticello. In addition, Bob Dieke of Homes & Graven
reviewed the document in some detail.
Fran Fair noted that under this particular TIF program, the
TIF revenue is being used to create a road alignment that is
in the best interest of the City of Monticello. In addition,
the revenue is not subsidizing any of the developers' direct
expenses.
After discussion, motion was made by Fran Fair, seconded by
Warren Smith, to adopt the contract for private redevelopment
by and between the City of Monticello and Monticello K.M.
Limited Partnership subject to final review of project
financing documentation. Motion carried unanimously.
9. Consideration of purchase of land necessary for the 7th Street
alignment --Tom Holthaus property.
After discussion, motion was made by Warren Smith, seconded by
Shirley Anderson, to purchase the Holthaus property for the
sum of $56,000. Motion carried unanimously.
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10. Consideration of resolution accepting feasibility study,
consider adopting developer agreement, and consider ordering
plans andspecifications --Meadows and the Meadows 2nd Addition
phase II.
Assistant Administrator O'Neill reviewed the feasibility study
and reviewed the proposed terms and agreements contained in
the development agreement. O'Neill noted that the developer
agreement proposes a combination of two strategies for
increasing the security of the City's investment in this
project.
1. For every lot that is sold, the developers will pay
an amount equal to the assessment amount against
two lots. The total assessment will be repaid at
such time that 7 of the 14 lots are sold.
2. In the event that the annual assessment is unpaid,
a letter of credit will be available for draw by
the City. The letter of credit is in an amount
equal to 1/3 of the total assessment amount.
Tom Holthaus and Matt Holker were in attendance and noted that
they support the development agreement.
After discussion, motion was made by Dan Blonigen, seconded by
Warren Smith, to adopt the resolution accepting the
feasibility study, adopt the developer agreement, and order
plans and specifications for the Meadows and Meadows 2nd
Addition phase II. Motion carried unanimously.
SEE RESOLUTION 90-12.
11. Consideration of an ordinance amendment --public nuisances.
Administrator Wolfsteller reviewed the proposed amendment to
the public nuisance ordinance. Wolfsteller noted that the
amendment further defined cars, trucks, and station wagons,
along with other vehicles, as to when they would be considered
a public nuisance. He noted that another provision allows a
property owner who has a vehicle stored for more than 30 days
to petition the City Council for an extension of the time
limit due to extenuating circumstances. Under the proposed
ordinance, the vehicle would be considered a public nuisance
if •
1) it is not currently licensed and it is not running;
2) it is currently licensed but not running if stored
outside for more than 30 days;
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Council Minutes - 3/26/90
3 ) it is not licensed but running if stored outside for more
than 30 days.
Dan Blonigen noted his concerns regarding the enforcement of
this ordinance. It was his concern that the language is vague
and that there is a potential that the City might force it in
an arbitrary manner and that the law will not be applied
equally throughout the city. Blonigen also noted that there
are already too many ordinances and that Monticello is clean.
Ken Maus stated that it is his view that the ordinance is
necessary and that abandoned vehicles is a problem in the
community.
Shirley Anderson asked how this legislation impacts recreation
vehicles. Rick Wolfsteller noted that if they are licensed
and running, recreation vehicles would not be affected by the
ordinance; however, recreation vehicles that are unlicensed
and not running would not be allowed to be stored outside.
Rhonda Thielen was in attendance. Thielen noted that the
public nuisance related problems are city wide and not
specific to only certain neighborhoods.
Warren Smith noted that the ordinance is relatively
restrictive and may create some problems. At the same time,
he also realizes the greater goal of the ordinance, which is
to clean up a public nuisance problem.
After discussion, motion was made by Shirley Anderson,
seconded by Fran Fair, to approve the ordinance amendment as
proposed. Motion carried unanimously.
SEE ORDINANCE AMENDMENT NO. 184.
12. Consideration of ordinance to regulate cigarette vending
machines.
Administrator Wolfsteller noted that the state legislature is
considering legislation that would affect the operation of
cigarette vending machines in the state of Minnesota;
therefore, it may make sense at this time to continue this
matter until the legislative session has ended.
After discussion, motion was made by Shirley Anderson,
seconded by Fran Fair, to table this matter until after the
legislative session. Motion carried unanimously.
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14.
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Council Minutes - 3/26/90
Consideration of change order #1 for Project 90-1, booster
pump refurbishment at the water reservoir on Chelsea Road.
After discussion, motion was made by Fran Fair, seconded by
Shirley Anderson, to approve change order #1 from E.H. Renner
& Sons in a credit amount of $10,000, which is a 28.3% savings
on the overall project. Motion carried unanimously.
Consideration of refurbishment of well #2.
After discussion, motion was made by Shirley Anderson,
seconded by Dan Blonigen, to have E.H. Renner & Sons complete
the remaining pump refurbishment at a cost of $3,284 and have
Olson Electric & Sons change out the motor control center for
a 100 hp capability and include a 100 hp soft start wire to
operate a 75 hp motor at a cost of $9,568. Motion carried
unanimously.
Consideration of providing safety switching for variable speed
pump drive at the wastewater treatment plant.
John Simola explained that after the installation of a
variable speed drive, the City personnel operating the
wastewater treatment plant thought it would be beneficial to
have the variable speed drive capable of being switched to
another 15 hp pump in case of failure of the first pump;
therefore, they went ahead and made what they thought were
appropriate wiring changes at the wastewater treatment plant.
Unfortunately, what they built into the system at that time
was an electrical safety problem. The switching from one pump
to another required a systematic throwing of switches and
adjusting of motor starters. If the starters were thrown in
the wrong sequence or one switch wasn't locked out, the
variable speed drive would be fed backwards with 480 volts.
This occurred the second week of February. Luckily, no one
was injured; but the variable speed drive or variable
frequency drive, as it is often referred to, was essentially
destroyed. In response to this problem, Simola recommended
that the City pick up the $2,600 rewiring cost. He noted that
had we been aware that this hazard existed, we would have
rectified it immediately. In addition, it was Simola's view
that this would be an opportune time to purchase a unit
capable of running 25 hp pumps. As flow to the plant
increases, we may find it necessary to drive one of the larger
pumps.
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Council Minutes - 3/26/90
Warren Smith asked if it is necessary to buy the equipment
capable of running larger pumps at this time. What sort of
increased demand would bring about the need for use of the
larger pumps? Simola explained that the development of a
single large industrial user of water or the development of
the Kjellberg Evergreens development would create sufficient
need for the use of the larger pumps . Warren Smith noted that
both parties appear to be somewhat at fault with regard to
this problem and that both should share in the expense
associated with repairing the damaged circuitry.
After discussion, motion was made by Warren Smith, seconded by
Shirley Anderson, to authorize the City to pay for the $2,600
electrical wiring and authorize PSG to install the 25 hp ABB
unit with PSG picking up $2,600 and the City picking up
$1,200. Motion carried unanimously.
Consideration of shelter for Ellison Park.
After discussion, motion was made by Shirley Anderson,
seconded by Warren Smith, to schedule a special meeting of the
City Council for 6:30 p.m., April 9, 1990, to discuss the
designs of a potential shelter for Ellison Park. Motion
carried unanimously.
17. Consideration of adopting personnel policy and procedural
manual.
A general discussion of the manual ensued. Major portions of
the document were reviewed. Three changes were made to the
proposed personnel policy. Ken Maus suggested that the 20 -
minute coffee break be reduced to a 15 -minute break. It was
also suggested that the retirement age be changed from 70
years of age to 65 years of age, and the vacation time of 24
days for 20+ years of service be deleted.
After discussion, motion was made by Dan Blonigen, seconded by
Fran Fair, to modify the personnel policy as proposed and
resubmit the document for further review. Motion carried
unanimously.
18. Consideration of hiring full-time municipal construction
inspector.
Motion was made by Shirley Anderson, seconded by Fran Fair, to
continue this item until the next meeting of the City Council,
as staff is not ready at this time to make a recommendation
regarding which candidate to hire for the position. Motion
carried unanimously.
Council Minutes - 3/26/90
Council was informed that Tony Strande has resigned and taken
a position with the City of Becker. After discussion, motion
was made by Warren Smith, seconded by Fran Fair, to authorize
City staff to seek applicants for this position. Motion
carried unanimously.
At this point in the meeting, citizens residing within Balboul
Estates, Anders Wilhelm Estates, and the Meadows development
reviewed public nuisance related problems within their
neighborhoods. Vicki Schluender showed a video which revealed
evidence of the junk cars, debris, and other nuisance items.
Ken Maus noted that this is an ongoing problem that the City
has worked hard to resolve. He noted that some of the
violators have received numerous letters and have been subject
to court action, yet the problem with these individuals
continues. Citizens in the neighborhood noted their
frustration that despite City efforts, the problem does not
appear to be resolved. Maus also noted that the new ordinance
will provide a 10 -day notice rather than a 14 -day notice of a
violation and that after 10 days if the problem is not
corrected, the violator will receive a ticket. A first
offense is a petty misdemeanor, and a second offense is a
misdemeanor.
Fran Fair stated that the City is tightening the ordinance in
a manner that will hopefully streamline the enforcement
procedure and correct problems more quickly. She noted that
the citizens concerned should write letters to the County
Attorney and to district judges emphasizing the problem in the
area. Doing so would encourage timely completion of the
enforcement process.
Ken Maus reiterated that the City will attempt to do
everything it legally can to solve the problem; but he went on
to note that the City does not have all the answers and that
to a large extent, the problem in the area is a people problem
that the City may have limited capability to resolve.
After discussion, Ken Maus suggested that the neighborhood
group reconvene in a week to discuss this matter in detail.
Assistant Administrator O'Neill noted that he would invite
leaders of various organizations that might be part of a
solution to the problems noted. A meeting was scheduled for
6:30 p.m., April 2, 1990.
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19. Consideration of authorizing establishment of City
Management/Planning Intern position.
20.
Assistant Administrator O'Neill outlined his current list of
projects and requested that Council consider establishment of
a City Management/Planning Intern position.
Shirley Anderson noted that she would prefer to see some of
the activities on the list removed rather than hire an intern.
Dan Blonigen concurred with this view.
Ken Maus suggested that a detailed intern work plan be
prepared for his review. Warren Smith noted that hiring an
intern is an inexpensive way to get certain jobs done.
After discussion, motion was made by Fran Fair, seconded by
Warren Smith, to explore establishment of a City Management/
Planning Intern position with Ken Maus reviewing work plan
prior to hiring of intern. Voting in favor: Warren Smith,
Fran Fair, Ken Maus. Opposed: Dan Blonigen, Shirley
Anderson.
Consideration of bills for the month of March.
Motion was made by Warren Smith, seconded by Dan Blonigen, to
approve the bills as submitted. Motion carried unanimously.
a
j
Jeff O'Neill
Assistant Administrator
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