City Council Minutes 12-14-1992MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, December 14, 1992 - 7 p.m.
Members Present: Ken Maus, Shirley Anderson, Clint Herbst, Brad Fyle, Dan
Blonigen
Members Absent: None
2. Approval of minutes of the special meeting held November 23, 1992, the
regular meeting held November 23, 1992, and the special meeting held
December 2, 1992.
Clint Herbst requested that the minutes of the
November 23, 1992, be amended by including the
recommendation as to the favored candidate for the
Planning Commission.
special meeting held
Planning Commission's
vacant position on the
After discussion, a motion was made by Brad Fyle and seconded by Dan
Blonigen to approve the minutes of the special meeting held November 23,
1992, the regular meeting held November 23, 1992, and the special meeting
held December 2, 1992, with modifications to the November 23 minutes as
proposed by Clint Herbst. Motion carried unanimously.
3. Citizens comments/petitions, requests, and complaints.
None forthcoming.
4. Consideration of a resolution awarding the sale of $535,000 general obligation
refunding bonds, Series 1993A.
Rick Wolfsteller reported that the City received bids on the sale of $535,000
general obligation refunding bonds. Proceeds will be used to prepay the
balance of the fire hall bond issue for $475,000 and $40,000 of a 1984 general
obligation improvement bond. These two older bond issues have a higher
interest rate of 8.8% or more and can be paid off February 1, 1993. Wolfsteller
reported that the bids received have been favorable, and the City will reap a
savings of $41,000 in debt service cost by this refinancing.
Wolfsteller recommended that Council award the sale of $535,000 G.O.
refunding bonds, Series 1993A, to the low bidder, Park Investment. The ''ark
Investment bid called for an interest rate of 3.9673%, which results in a net
interest cost of $51,758.
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Council Minutes - 12/14/92
After discussion, a motion was made by Shirley Anderson and seconded by
Brad Fyle to adopt a resolution awarding the sale of $535,000 general
obligation refunding bonds, Series 1993A, to Park Investment. Motion carried
unanimously. SEE RESOLUTION 92-36.
5. Consideration of an offer to purchase vacant 7th Street right-of-way from City -
Land Projects Partnership.
Rick Wolfsteller reported that in 1990 when 7th Street was extended, a
realignment occurred at the intersection of Locust and 7th Street. The
realignment resulted in a portion of 7th Street being no longer needed for
street purposes. The total square footage of the 7th Street remnant area in
question amounts to 11,000 sq ft and is located in what could be a very
desirable commercial location at the corner of 7th and Locust. Land Projects
Partnership owns the property directly to the north of the 7th Street parcel,
and they have approached the City in the past as to the availability of the
property and request that City Council consider selling the 11,000 sq ft parcel
for $10,000.
Wolfsteller noted that this item is for discussion purposes only, as the City
needs to formally conduct a public hearing and officially vacate the 7th Street
right-of-way before a transaction could occur. Wolfsteller reported that Land
Projects Partnership obtained an appraisal from Jack Maxwell which indicated
a value of $8,250. Likewise, the City had an appraisal completed on the
property, and our appraisal indicates a value of $26,400.
Wolfsteller stated that the property has potential for development of a small
drive-through restaurant site or for a small office building but would probably
achieve its highest and best use if combined with the property to the north as
proposed by Land Projects Partnership.
George Phillips, representing Land Projects Partnership, indicated that the
City's appraisal is high, as the property has soil problems that will require
correction prior to development. In addition, there are no sewer and water
stubs serving the 7th Street parcel. He also noted that the value of Land
Projects Partnership property has suffered because the realignment of 7th
Street has now eliminated 7th Street access.
Ken Maus noted that it makes sense for the City to sell the property, as it
could encourage development; but at the same time, we want a fair price for
the property for the sake of the community. Maus asked how have we
established previous land values when it comes to vacating street right -of -way-
-what have we done in the past?
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Council Minutes - 12/14/92
Rick Wolfsteller responded by stating that in the past, the price charged for
vacated street right-of-way land has been linked to the market value of the
land at the location of the street vacation.
After discussion, a motion was made by Brad Fyle and seconded by Shirley
Anderson to offer the property to Land Projects Partnership in the amount of
$17,000, with the offer expiring in 30 days and subject to the street vacation
process. Voting in favor: Brad Fyle, Shirley Anderson, Clint Herbst, Ken
Maus. Opposed: Dan Blonigen.
Consideration of an increase in sewer and water rates.
John Simola reported that based on the 1993 budget projected revenue, at the
current rates we are projecting shortfalls of both the sewer and water
operation and maintenance funds for 1993. In the water fund, there is a
projected shortfall of $21,950. In the sewer fund, there is a projected revenue
shortfall of $18,080. Therefore, the City needs an approximate increase of
4.2% in our revenue to cover the shortfall.
Simola went on to review the program for the sewer and water rate increases
as outlined in the tables below.
SANITARY SEWER RATE
Rate/100 cf
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1992
1993
Parameter
Rate
Rate
Flow/100 cf
$0.811
$0.877
BOD
$0.150
$0.160
Total
$0.273
$0.218
Suspended
Solids
Combined
$1.515
$1.65
Rate/100 cf
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7.
TATAMWD DAMW
Charge
Usage/Qtr Per 100 CF
in Cu Ft 1992 Rate
0-500 cf $ 7.50
minimum
501 cf to $ 0.50
4000 cf
4001 cf to $ 0.30
75,000 cf
75,001 cf $ 0.20
and over
Council Minutes - 12/14/92
Charge
Per 100 CF
1993 Rate
$ 7.50
$ 0.55
$ 0.35
$ 0.35
Simola went on to recommend that the sewer rate increase should be 8.9% as
indicated above.
Ken Maus noted that the heavy users of water will see the greatest increase
under the proposed program due to the fact that the proposal calls for
eliminating the discount for higher volume users. Maus noted that the
Industrial Development Committee reviewed this aspect of the program and
supported it.
After discussion, a motion was made by Dan Blonigen and seconded by Clint
Herbst to approve the rate increase as proposed. Motion carried unanimously.
Consideration of a resolution authorizing issuance and sale of a general
obligation tax increment bond - Suburban Machine.
Rick Wolfsteller reported that as part of the tax increment financing plan for
Suburban Machine, TIF 1-14, a TIF grant in the amount of $50,000 for land
write down and site improvements will occur when the new building is 30%
complete. In addition, a TIF loan in the amount of $19,575 will be disbursed
at 30% completion of the building, making the total assistance directly to
Suburban $69,575. The $19,575 loan will be repaid by Suburban over the life
of the district to reimburse the City for anticipated loss of HACA aid that the
City may experience due to the tax increment financing.
Based on the projected tax increment revenue for this project, a $35,000 bond
issue would likely be the maximum financing amount available. A $75,000
bond issue would also include $6,075 for capitalized interest to cover interest
expense through February 1, 1994, the first year the tax increment revenue
would be received.
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Council Minutes - 12/14/92
Wolfsteller noted that at the time the original financing plan for Suburban
Machine was adopted by the City Council, the HRA proposed to borrow
$75,000 from the City's general fund to finance the up -front expenditures. The
reason for the proposed loan from the City's general fund rather than selling
a bond issue was due to the small amount of funds necessary and the large
cost of issuing an actual bond that would be for sale to the public.
Wolfsteller recommended that the original plan be changed by setting up the
loan as a normal G.O. taxable bond issue with the actual purchase being done
by the City as an investment rather than selling it to the general public.
Under this scenerio, the City would actually be lending $75,000 to the HRA at
a rate of about 6 1/2%, which is better than the City could get if it invested the
money on the open market. Structuring the bonds internally would allow the
City to sell them on the open market if need be in the future and would save
the City $10,000 to $12,000 in issuance cost.
After discussion, a motion was made by Clint Herbst and seconded by Dan
Blonigen to approve the proposed resolution authorizing the issuance and sale
of $75,000 in G.O. taxable increment bond, Series 1992D, for the Suburban
Machine TIF District. Motion carried unanimously.
SEE RESOLUTION 92-37.
S. Consideration of a resolution commenting on proposed permanent rules
governing enforcement of Wetland Conservation Act of 1991.
Jeff O'Neill reported that since February 1991, the City has been
administering the interim rules governing the Wetland Conservation Act of
1991. Permanent rules have been developed in draft form and are now being
reviewed via the public hearing process at the state level. O'Neill went on to
review the proposed rules and the potential impact on development in the city
of Monticello. O'Neill noted his concern that the rules are highly technical and
understandable only after careful study and training. The average citizen will
find it very difficult to understand the rules and follow the processes outlined.
The ability of the City to efficiently and effectively administer the no net loss
program will be hampered by sheer complexity of the rules. It was his view
local government commitment to proper administration of the rules will not
likely occur without considerable funding assistance from the State of
Minnesota. In addition, O'Neill informed Council that the rules require a 2 to
1 replacement ratio and do not allow "created" wetlands to be included in a
"banking" program.
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After discussion, a motion was made by Brad Fyle and seconded by Shirley
Anderson to adopt the resolution as proposed with the additional statement
that cities should be able to recover the cost to review individual wetland
mitigation plans and should not be limited to charging $75 per application.
Motion carried unanimously. SEE RESOLUTION 92-38.
9. Consideration of preliminary engineering report for chlorination/dechlorination
at the Monticello Wastewater Treatment Plant.
John Simola reported that the State of Minnesota is requiring that the City
update its wastewater treatment plant to eliminate discharge of chlorinated
water. The state has required that the City complete the design and
installation and start-up of a dechlorination system by the end of the current
permit, which is December 31, 1994. As a first step in meeting this deadline,
we should acquire the services of a registered civil engineer familiar with
chlorination and dechlorination. The design should be done in 1993 so that we
can obtain bids over the next winter and have a spring 1994 construction start.
After discussion, a motion was made by Brad Fyle and seconded by Clint
Herbst to direct OSM to provide the City of Monticello with cost estimates for
engineering fees associated with preparing a plan for development of a
dechlorination facility. Motion carried unanimously.
10. Consideration of purchase of leak detector for water department.
John Simola reported that when a water main or water service leak occurs, the
exact location is often difficult to find due to the sandy soils in Monticello. The
leak must be significant, and the sandy soils must become saturated before the
water finds its way to the surface. Most of the time, the location where the
water finds its way to the surface is not the location of the leak. The water
changes course as it hits the denser materials near the surface and surface
improvements such as blacktop or concrete. Simola proposed that the City
purchase a leak detector to aid us in the location of water leaks. It is
important that one gets as close as possible to the actual leak prior to
excavation so that disturbance of city improvements such as streets and other
utilities may be kept to a minimum. Often getting within 2-5 ft of the leak
versus 10-12 ft of the leak can save a couple thousand dollars.
Brad Fyle did not believe that the leak detector would significantly assist City
crews in finding the precise location of the leak.
After discussion, a motion was made by Shirley Anderson and seconded by Ken
Maus to approve the purchase of a leak detector in the amount of $1,354.
Voting in favor: Shirley Anderson, Ken Maus, Clint Herbst. Opposed: Brad
Fyle, Dan Blonigen.
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11. Consideration of reducing retainage for City Proiect 92-06, Public Works
Vehicle Storage Facility.
John Simola reported that the public works facility is now virtually complete.
The items remaining are a few minor punch list items. The total value of the
contract with Rochon Corporation, including change orders #1 and #2, is
$518,017. Our standard 5% retainage amounts to $25,900.
Ron Rochon has requested that we reduce the retainage to 1.5% and keep a
total of $20,871 to cover the cost of items yet to be completed. In addition, we
have the contract bond with Rochon for the original amount of the contract;
therefore, the City is well protected.
The City Engineer and John Simola went on to recommend that the City
Council reduce the retainage from 5% to 1.5%.
After discussion, a motion was made by Brad Fyle and seconded by Clint
Herbst to reduce the retainage on City Project 92-06, Public Works Vehicle
Storage Facility, from 5% to 1.5%, keeping a total of $20,871 until completion
of all remaining punch list items. Motion carried unanimously.
12. Consideration of final payment to LaTour Construction for Project 91-01,
Fallon Avenue; 91-02, Briar Oakes Estate; and 91-03, Cardinal Hills Phase I.
John Simola reported that 1991 projects dragged into 1992 due to the big
Halloween blizzard of 1991 and due to delays in completion of Briar Oakes
grading. All the work is now complete with the exception of gravel and
bituminous paving for the pathways in Briar Oakes Estate. There are
sufficient funds left in the project assessment to have the gravel portion placed
on these pathways in the spring. It is proposed that the paving of the
pathways occur in conjunction with development of future phases.
Simola noted that it is staffs recommendation that Council authorize final
payment to LaTour Construction for the above -referenced projects in the
amount of $12,891 with the final payment contingent upon receiving final lien
waivers and other documentation from LaTour.
After discussion, a motion was made by Clint Herbst and seconded by Dan
Blonigen to authorize final payment to LaTour Construction for said projects
in the amount of $12,891 contingent on the City receiving final lien waivers
and other documentation from LaTour. Motion carried unanimously.
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Council Minutes - 12/14/92
13. Consideration of extension of final completion date with change order #1,
reduction of retainage for City Project 92-02, School Boulevard, and 92-07,
Cardinal Hills Second Addition.
John Simola reported that the final completion of School Boulevard and
Cardinal Hills Second Addition is requested to be extended to June 15, 1993.
Construction activities for both projects were hampered by the relatively wet
construction season. The wet season resulted in slower than anticipated
progress and created problems associated with both utility and street
construction. Simola reported that the streets in Cardinal Hills Second
Addition received only the first lift of blacktop. This is also the case with
School Boulevard. Because of the poor stability in the streets in the Cardinal
Hills area, bituminous quantities are expected to increase in the spring along
with additional granular material needed in the repair areas.
Due to the fact that the second lift was not put on School Boulevard, the
contractor was required to lower the manhole castings to allow for winter
plowing operations. This was done at a cost of $694. Finally, the storm water
pond on the Cardinal Hills Second Addition collected a significant amount of
water during the wet construction season, which hampered utility construction
in the development. The contractor was required to pump the storm water
pond down to allow for continued utility work. The pumping operation was
done at a cost of $1,900. The total cost of change order #1 is $10,594.
In addition, since the project has been extended in 1993, the contractor has
asked the City to reduce the retainage from 5% to 2.5% leaving an entire
balance on the job of $89,215.
After discussion, a motion was made by Brad Fyle and seconded by Clint
Herbst to approve change order #1 as proposed and reduce the retainage on
the project from 5% to 2.5%. Motion carried unanimously.
14. Consideration of final acceptance of the Prairie West development
improvement project.
Rick Wolfsteller reported that the public improvements associated with
development of the Prairie West plat have been completed. Although there are
a few items that have been noted by the engineer that may need correction in
the future, Bret Weiss has recommended that the improvement project be
accepted as completed with the recommendation that the maintenance and
utilities of the streets now become the City's responsibility. Since the
improvements were substantially completed by September 30, 1992, the City
is comfortable with using this date for establishing the one-year warranty
period and, therefore, recommend that City Council accept utilities and streets
as of this date.
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Council Minutes - 12/14/92
After discussion, a motion was made by Brad Fyle and seconded by Dan
Blonigen to accept the privately constructed improvements to the Prairie West
subdivision and establish September 30, 1992, as the completion date for
determining the one-year warranty period. Motion carried unanimously.
15. Consideration of fund transfers for 1992.
Rick Wolfsteller reported that with the end of the year approaching, the City
Council should consider fund transfers to close out unneeded construction
funds and/or transfers to correspond with our budget. He went on to review
each fund transfer as follows:
1. This transfer of $605,417.01 is needed to cover the expenditures
incurred to date regarding the construction of the public works building
project. It was originally planned to utilize surplus liquor store funds
for this construction, and this is what this transfer accomplishes for
costs incurred to date. During the construction process, a separate
building construction fund was established to keep track of all the costs,
and a separate transfer is now recommended to cover the cash deficiency
in this fund.
2. A transfer of $37,067.54 is needed from the capital outlay fund to cover
the expenditures of the City's share of the County Road 75 signal
project. Originally, the costs were budgeted in the capital outlay fund,
and this transfer officially covers the cost.
3. A transfer of $88,321.14 from the capital outlay fund to cover the
construction fund deficit for the ballfield lighting project. These funds
were originally budgeted in the capital outlay project.
4. A transfer of $6,524.96 from the capital outlay fund to the bridge park
warming house construction fund, which was established to keep track
of the cost. This project has been postponed, but a transfer should be
made to eliminate the deficit which has occurred from architect and
engineering fees to date.
5. A transfer of $39,980.55 from the capital outlay fund to cover the cost
of constructing the new parking lot at city hall.
For all of the transfers above from the capital outlay fund, the normal
budgeting process expected these expenditures to be paid from the capital
outlay fund; but internally we have established construction funds in order to
better track the cost. These transfers are now technically eliminating deficits
in the construction funds and showing expenditures in the capital outlay fund
where they were originally budgeted.
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Council Minutes - 12/14/92
6. Annually, the HRA receives all tax increment revenues associated with
all TIF districts, and the HRA is required to transfer funds to each tax
increment bond issue. The total amount needed for 1992 to various debt
service accounts is $224,150.
After discussion, a motion was made by Shirley Anderson and seconded by Dan
Blonigen to approve the fund transfers as proposed. Motion carried
unanimously.
16. Consideration of payment of bills for the first half of December.
After discussion, a motion was made by Shirley Anderson and seconded by
Brad Fyle to approve payment of the bills as listed. Motion carried
unanimously.
Jeff OPkill
Assistant Administrator
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