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City Council Minutes 10-22-1990MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, October 22, 1990 - 7:00 p.m. Members Present: Ken Maus, Fran Fair, Warren Smith, Shirley Anderson, Dan Blonigen Members Absent: None 2. Approval of minutes. After discussion, motion was made by Shirley Anderson, seconded by Dan Blonigen, to approve the minutes of the regular meeting held October 9, 1990. Motion carried unanimously. Motion was made by Shirley Anderson, seconded by Dan Blonigen, to approve the minutes of the special meeting held October 15, 1990. Voting in favor: Shirley Anderson, Dan Blonigen, Ken Maus, Fran Fair. Abstaining: Warren Smith. Smith abstained because he was not able to attend the special meeting. 3. Citizens comments/petitions, requests, and complaints. Wayne Mayer, commander of the Monticello American Legion Post, presented the City of Monticello with $1,500 toward materials needed to develop a basketball court at the park located between the Par West and Anders Wilhelm subdivisions. On behalf of the City, Mayor Maus thanked the Legion Club for the $1,500 contribution. 4. Consideration of reaffirming resolutions awarding the sale of $250,000 general obligation improvement bonds, Series 1990C, and $305,000 taxable tax increment bonds, Series 19901, to Park Investment Corporation. Administrator Wolfsteller reported that the five bids received on the general obligation bonds for financing the Sandberg East improvement project ranged from 6.75% to 7.1%. When the bond sale was authorized a month ago, Springsted had estimated a net increase rate of 6.68%. Wolfsteller also reported that the City had eight bidders on the tax increment bonds ranging in interest cost from 8.99% to 9.58%. Springsted had originally estimated the interest cost at 9.19% for this bond. Park Investment Corporation was the low bidder on both bond issues; and the Council, at the special meeting, adopted resolutions awarding the sale of both issues to Park Investment. Page 1 Council Minutes - 10/22/90 After discussion, motion was made by Shirley Anderson, seconded by Warren Smith, to reconfirm the action taken at the special Council meeting October 15 and adopt resolutions awarding the sale of both bond issues to Park Investment Corporation. Motion carried unanimously. SEE RESOLUTIONS 90-47 and 90-48. 5. Consideration of interpretation of enlargement of non- conforming use as it applies to tree sales at the West Side Market and allowing staff to issue administrative permit. Assistant Administrator O'Neill requested that Council review the intent of portions of the City Ordinance limiting enlargement of a non -conforming use and then determine whether or not selling Christmas trees at the West Side Market constitutes an enlargement of an existing use, or is the sale of trees merely incidental to the convenience store operation and, therefore, allowable. O'Neill reported that the property owners wish to sell Christmas trees at the site for a four- week period and that Council action is requested prior to Planning Commission review because trees cannot be ordered in time for both Planning Commission and Council to review this matter. O'Neill noted to Council that the City Planner, John Uban, recommended that Council make a finding that the operation of a Christmas tree sales area does not constitute an enlargement of a non -conforming use. O'Neill also reported that Uban did not support an ordinance amendment because the precedent established by ordinance may haunt the City later even if the amendment is specifically designed to address this specific situation. O'Neill noted his concern that the Planning Commission and local residents might react negatively to Council action on this matter without a public review process. At the same time, he noted that there have been no complaints regarding the tree sale operation; therefore, allowing tree sales to occur here may not alienate the neighborhood. Shirley Anderson did not like the idea of making an interpretation of the ordinance without first consulting with the Planning Commission and without hearing comments from the public. At the same time, however, she did not want to see the property owners lose the opportunity to sell Christmas trees this year. Ken Maus asked Gary Anderson if the property owners had met all conditions associated with the permit they now have to operate. Gary Anderson noted that the screening requirement has been satisfied; however, maintenance of the fence is still an issue, as it needs painting or staining in certain areas. Page 2 Council Minutes - 10/22/90 Warren Smith supported the concept of allowing the Christmas tree sales to occur in 1990, as it was his view that four weeks of Christmas tree sales at the convenience store did not constitute an enlargement of the non -conforming use. Dan Blonigen concurred that the tree sales should be allowed to occur. After discussion, motion was made by Shirley Anderson, seconded by Dan Blonigen, to approve the granting of an administrative permit allowing Christmas tree sales to occur at this site based on the preliminary finding that Christmas tree sale activity does not constitute an enlargement of a non -conforming use, preliminary finding to be tested and reviewed by the Planning Commission via the normal public hearing process and placed before Council prior to issuance of administrative permits allowing future tree sales to occur at the West Side Market. Motion carried unanimously. On a related matter, Council reviewed the terms associated with the administrative permit to be granted to the West Side Market to allow Christmas tree sales. The following conditions are to be included in the permit: 1. Sufficient parking shall be available for existing business use and parking associated with tree sale use. 2. All tree sales must be conducted outside of county road right-of-way. 3. Tree sales area shall be fenced, and all unsold trees shall be removed by January 15, 1991. 4. No additional seasonal outside sale activity shall be allowed at the site without rezoning from residential to business classification. 5. Area of tree inventory and storage shall be limited to an area equal to 1,000 sq ft. 6. Consider funding a portion of the cost to develop banner system in conjunction with Chamber of Commerce Marketing and Communications Plan. Assistant Administrator O'Neill reviewed the Chamber of Commerce request that the City of Monticello contribute to development of a unified marketing program. O'Neill reported Page 3 Council Minutes - 10/22/90 that the total marketing program that the Chamber is instituting requires an expenditure of $30,000. Of the $30,000 budgeted for year one, $7,285 will go toward purchase of banners and banner brackets. O'Neill reported that the Chamber requests that the City consider funding a portion of the cost to purchase and install the banners. O'Neill described the banner program which called for purchase of 84 color banners featuring the City logo and the slogan, "Monticello is your kind of place." Half of the banners would be hung from the streetscape decorative lighting. The remaining 40 banners would be hung from other street light posts throughout the community. These areas would include non-commercial thoroughfares, thoroughfare areas, and the community hospital. Under the proposal, City staff would be responsible for attaching banner brackets and hanging banners. In addition, O'Neill reported that the Chamber of Commerce will be budgeting for banners to be used for each season. Funding for these banners will come entirely from Chamber coffers. Dave Peterson of Monticello Ford reviewed the unified marketing effort being undertaken by the Chamber of Commerce. Ken Maus noted that the banner system proposed is consistent with City goals noted during joint meetings conducted and emphasized that the banners will contribute toward beautification of the city and communicate a sense of pride in the community which all citizens benefit from. Fran Fair noted that under the program, the City would be responsible for purchasing the initial set of banners with the Chamber financing the purchase of future banners. She felt it was reasonable that the City fund the full amount associated with the initial banner purchase. Dan Blonigen noted that the banners as proposed are purely advertising in nature; and, therefore, he did not support use of City funds for such purposes. Shirley Anderson noted that originally she planned on supporting the financing of one-half of the cost to install the banners. After realizing that the banners are being placed throughout the community, she expressed a willingness to support City payment of 60% of the cost to develop the banner system. Page 4 7. Council Minutes - 10/22/90 After discussion, a motion was made by Fran Fair to support financing the full amount of the banner system development of $7,285. Dan Blonigen noted that City staff time required to install and replace the banner system will be significant and represents a major contribution to the project. Warren Smith noted that he supported City financing of 100% of the project expenses; however, he would be willing to vote for 80%. Dan Blonigen indicated that he would not support use of funds for this project. Ken Maus suggested that as a compromise, the City could pay 75% of the cost to install banners. It was his view that the committee working on the unified marketing program would be able to continue the program with a 75% contribution rather than the 100% requested. Fran Fair then amended her motion from 100% financial support of the cost to install the banner system to 75% of the expense. Voting in favor of the motion: Fran Fair, Ken Maus, Warren Smith. Opposed: Dan Blonigen, Shirley Anderson. Staff noted that a zoning ordinance amendment would be required in order to allow a public sign in the form of a banner to be hung for a period longer than ten days. Consideration of final payment to E.H. Renner & Sons for Project 90-1, booster pump refurbishment. John Simola reported in his staff report that the project is complete, and the motor and pump are working well. The settlement reached regarding the extended warranties and payment of engineering fees is satisfactory to all parties involved. After discussion, motion was made by Shirley Anderson, seconded by Fran Fair, to make final payment to E.H. Renner on Project 90-1 in the amount of $8,098.20. Motion carried unanimously. _Consideration of whether or not to rent the house and garage on the recently acquired Cole property near City Hall. John Simola reported that the City has completed closing on the Cole property near the City Hall for an agreed upon price of $50,000 as offered previously by the City Council. City staff has reviewed the condition of the house for the purpose of making a recommendation for immediate use or for potential longer term use. Page 5 Council Minutes - 10/22/90 Ken Maus noted that the house should be rentable after minor repairs for five years without much more money into it. Warren Smith did not support the concept of renting out the house. It was his view that staff time and money into the actual rental of the house would not be worth the expense. It was his view that it would make more sense to demolish the structure and sell the front portion to a business concern and develop the rear of the property for potential parking. Dan Blonigen suggested that the City should not demolish and sell off a portion of the property, as doing so would limit parking options. Blonigen noted that we should not sell off any portion of the property until our long-range plans to serve City Hall premises are understood. Shirley Anderson agreed that the structure should not be demolished until future plans for development of the City Hall area are understood. Roger Mack suggested that City staff prepare the house for winter and allow it to remain vacant. In the meantime, we can study for expansion of City Hall and use the garage within the structure for storage of City equipment. Ken Maus concurred that it will not cost the City that much to let it stand. In the meantime, we can conduct a long-term planning process. After discussion, motion was made by Warren Smith, seconded by Dan Blonigen, to postpone a decision regarding whether or not to rent out the property, prepare the house for winter storage, and direct City staff to use the garage as it sees fit. Motion carried unanimously. 9. Consideration of resolution adopting additional sections of the City General Records Retention Schedule and consideration of adopting internal office policy on records retention. Executive Secretary, Karen Doty, in her staff report to Council, recommended that the City adopt five sections of the retention schedule adopting the elections, financial/ accounting, payroll, personnel, and utilities sections of the City General Records Retention Schedule and also adopt the internal office policy for records retention. This would enable the City to destroy bulky records which are no longer needed. At the same time, the internal office policy as Page 6 Itelp Council Minutes - 10/22/90 noted would protect those records which the State of Minnesota allows us to destroy but which we feel at this time may be needed for future reference. Council reviewed the retention schedule as noted. After discussion, motion was made by Warren Smith, seconded by Shirley Anderson, to adopt a resolution adopting the elections, financial/accounting, payroll, personnel, and utilities sections of the City General Records Retention Schedule and also adopt the internal office policy for records retention. Motion carried unanimously. SEE RESOLUTION 90-49. Consideration of bills for the month of October. After discussion, motion was made by Warren Smith, seconded by Fran Fair, to approve the bills as submitted. Motion carried unanimously. 11. Other items. Assistant Administrator O'Neill reported that the Township had approved the joint resolution governing urbanization of land directly adjacent to the city of Monticello. This item will be before the Council at a subsequent meeting. Assistant Administrator O'Neill and Bret Weiss of OSM updated Council regarding staff efforts to obtain state aid to highways funding for 1991. O'Neill indicated that the Minnesota Department of Transportation will not accept the City's challenge directly to the population estimates received, and MN/DOT will only accept a population figure submitted to them directly by the Municipal Board. O'Neill informed Council that he would be working directly with the Municipal Board and the Census Bureau toward establishment of a population figure by November 15, 1990. There being no further discussion, the meeting was adjourned. 01 Jeff O'Neill Assistant Administrator Page 7