City Council Minutes 09-12-1988MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, September 12, 1988 - 7:30 p.m.
Members Present: Arve Grimsmo, Fran Fair, Warren Smith, Dan Blonigen,
Bill Fair.
Members Absent: None
2. Approval of Minutes of Regular Meeting held August 22, 1988, and Approval
of Minutes of Special Meeting held August 30, 1988.
Motion made by Dan Blonigen, seconded by Bill Fair to approve regular
meeting minutes of said meetings. Motion passed unanimously.
3. Citizens Comments, Petitions, Requests, and Complaints.
Gary Schluender of Schluender Construction Company was in attendance to
discuss his concerns regarding the Chelsea Road Development. Schluender
noted that he had not been paid by the contractor for the project and
wondered what the City could do to assure that subcontractors be paid for
work done on Chelsea Road. City Administrator, Rick Wolfsteller noted
that the city had actually no role in financing of the project and only
held funds in escrow in the amount equal to the cost of the project
completion. As the project, was completed the funds in the escrow were
released to the contractor. The City had no control over whether or not
the contractor then paid his subcontractors for the work done on the
road. He went on to note that this is an unfortunate situation for the
subcontractors, but it is not a situation that the City can correct.
Mayor Grimsmo noted that the best bet for the subcontractors that were not
paid for their work on the project would be to initiate a Class Action
Suit against the primary contractor for the work. City Engineer, Badalich
noted that there is about $10,000 remaining in the escrow fund that will
be needed to pay for portions of the project that are not yet complete.
4. Public Hearing for the Proposed Assessment Roll for the 86-7 Improvement
Project. Public Hearing for the Proposed Assessment Roll for the Otter
Creek Road Re -Alignment Project.
Mayor Grimsmo initiated the public hearing by noting a letter received
from Bill Malone regarding the assessment against his property at 602
Fallon Avenue. Mr. Malone stated that he did not feel that he gained
benefit from the street work or the utility work as his private utilities
were in place prior to the project. Mr. Malone also noted that the
boulevard in front of his property was not properly sodded after the
project. John Simola, Public Works Director concurred with Mr. Malone
that touch up work needs to be done on the sodded area and that the city
would act to correct the problem in the spring of 1989. Mayor Grimsmo
noted to Mr. Malone that the sewer and water utilities extended to his
adds value to the property. John Simola also noted the the sanitary
system that Mr. Malone operated included a drain field that was not
entirely on Mr. Malone's property. Bill Fair stated that a
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growing community such as Monticello on occasion property owners will be
assessed for utilities that they do not necessarily need at the moment,
however, necessary extension of the utilities and subsequent assessments
prove beneficial to the city residence in the long run. Merrill Busch was
in attendance and noted that he had no objection to the assessment as
presented. There being no further discussion on the subject, public
hearing was closed.
Consideration of Adopting the Assessment Roll for Certification with the
County Auditor Covering the 86-7 Improvement and the Otter Creek
Road/County Road 74 Intersection Improvement.
Motion made by Fran Fair to approve Resolution 88-31 (Otter Creek Road),
and Resolution 88-32 (86-7 Improvement/Fallon Avenue), which are
resolutions adopting assessment roll for the 1986-7 Project and the Otter
Creek Road Re -Alignment Project. Motion seconded by Bill Fair, motion
passed unanimously.
Review of Sheriff's Department Report on Cruising.
Mayor Grimsmo initiated the discussion by reviewing the steps that have
been taken to resolve the cruising problem. He noted that the extra
police patrol has helped a little and that the work of the committee
established earlier to find a solution to the problem has had some impact,
but the problem still exists. Con Johnson was in attendance and stated
his view that the time for studies has passed, and that the problem is
getting worse and that something must be done. It was his view that a
tougher ordinance and more police patrol is needed. He asked that legal
action must be taken to correct this problem. Bill Fair concurred, it was
his view that a loitering ordinance should be established. Such an
ordinance would give the Sheriff's Department clearer authority in
controlling the problem. He went on to state that it will be important to
direct concerns and frustrations regarding cruising to county judges.
Mike Drayna reviewed his concerns regarding cruising and stated that the
problem is getting worse and that the individuals participating in
cruising represent an undesirable element in the community. Council
concurred that the problem is not just local kids, it seems to be with
adults coming into the community from outside. Don Hozempa of the Wright
County Sheriff's Department reviewed statistics outlining enforcements of
public nuisance statue he used to control the cruising problem. In his
report, he noted that the public nuisance ordinance is difficult to
prosecute because a judge generally needs three complaints for each public
nuisance complaint. Hozempa reiterated the need for a tougher loitering
ordinance and that this ordinance would help keep kids off street and thus
selve to protect Streetscape investment. He went on to say that the
ordinance would likely be tested, but that such a test is fine, let's test
it. Finally, Hozempa explained that when individuals that participate in
cruising are in their cars, they can be better controlled.
City Attorney, Tom Hayes noted that some communities in the metro area who
have a similar problem, Anoka for instance, has a cruising problem that
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recently became severe when the City of Hopkins passed a tough loitering
ordinance. Hayes supported the concept of establishing a loitering
ordinance, but noted that the County Attorney's Office may have some
difficulty in handling the case load. If this is the case, the city may
end up handling prosecutions associated with the loitering ordinance.
Furthermore, enforcement of the ordinance may require additional funds for
extra police patrol.
Fran Fair stated that the problem must be addressed and that an ordinance
should be developed within 30 days. Council member Bill Fair, stated that
a resolution to the County Judges would be appropriate regarding this
matter and that such a resolution would encourage the judges to treat this
problem seriously and that the resolution stems from considerable citizen
input on the matter.
Al Loch was in attendance and requested that the advisory body making
recommendations on the cruising problem be maintained. It was Mr. Loch's
view that the problem is growing and that he now is hearing reports of
prostitution. Motion made by Fran Fair, seconded by Bill Fair to
institute a loitering ordinance to be developed at soon as possible.
Motion included request for additional police patrol during cruising
hours. Motion passed unanimously..
7. Rezoning Request to Rezone a Lot from R-1 (Single Family Residential) to
R-2 (Single and Two Family Residential). If Rezoned to Replat this
Residential Lot into Eight Townhouse Lots and One Common Area Lot. If
Replatted, a Conditional Use Request to Allow up to Eight Townhouses on an
R-2 (Single and Two Family Residential) Lot. Applicant, Floyd Mar
Council reviewed the Plan
rezoning request as state
given the surrounding lan
constitute spot zoning.
to the proposed rezoning
Motion made by Bill Fair,
conditional use requests
on the property formerly
ning Commission's recommendation to approve the
d. It was noted that the rezoning is justified
d use and that the rezoning proposed does not
Staff noted that there was no public opposition
at the public hearing regarding this matter.
seconded by Dan Blonigen to approve rezoning and
associated with development of eight townhouses
owned by Bette Grossnickle. Motion passed
unanimously. SEE ORDINANCE AMENDMENT NO. 163A.
8. Consideration of Accepting Petition, Ordering Feasibility Study,
Preparation of Plans and Specifications, Advertisement for Bids, and
calling for Public Hearing - Utility Improvements for Floyd Markling
sion.
Rick Wolfsteller noted that the developer has petitioned for the
improvements and in his position has noted that he will pay all
feasibility study and plans and specifications design costs associated
with the subject. After discussion, motion made by Bill Fair, seconded by
Dan Blonigen, to adot Resolution 88-33 Accepting Petition/Order of
Feasibility Study, Prepare Plans and Specifications for Utility
Improvements for Floyd Markling Subdivision.
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9. Consideration of Offer to Sell Assembly of God Church to the City of
Monticello.
Bill Fair reviewed the situation and noted that purchase of the Church at
this time may not be appropriate as the city has not yet clearly
identified it's space needs associated with the food shelf/teen center,
relocation of senior building or the needs associated with meeting rooms,
etc. He also noted that we do not really understand the potential of the
structure, and at this time purchase of the structure would be unwise.
Fran Fair concurred that we need more input from civic groups regarding
their space needs, etc. Warren Smith stated that the Church is not in an
ideal location, nor is it an ideal structure for city usage. Mayor Grimsmo
stated that the senior citizens seem to be happy were they are and that a
civic center may not be appropriate in a residential area; therefore, he
does not support the purchase of the structure. Bill Fair stated that
purchase of this structure may be worth looking at 30 days from now after
staff and council have had time to inventory space needs.
10. Consideration of Request by Quintin Lanners to Reconsider Conditions
Attached to Acceptance of Kenneth Lane Improvements-Ritze Manor.
John Badalich of OSM, reported that council may wish to reconsider it's
previous decision regarding this matter because the potential of problems
associated with the incorrectly installed sewer service are minimal. He
stated that a good maintenance program and the presence of five homes
upstream of the problem when combined will significantly limit the chance
of any problems with this incorrectly installed sewer line. In addition,
Mr. Lanners noted that he will install a separate clean out valve at the
property which should also contribute to correcting the problem.
There being no further discussion, motion was made to accept the project
without the backward service and require only a document or notation on
the building permit for this parcel that the city accepts no
responsibility for it's adequacy and require that the developer install a
separate clean out valve for this sewer service. Motion made by Dan
Blonigen, seconded by Fran Fair. Motion passed unanimously.
11. Simple Subdivision Request to Subdivide One Unplatted Lot into Two
Unplatted Lots. Applicant, Tom Holthaus.
Council reviewed Planning Commission's recommendation that the simple
subdivision request be approved. It was also noted by city staff that the
proposed Seventh Street right of way through this area will be
incorporated into the plat of the property. Motion made by Dan Blonigen
to approve said request, motion seconded by Warren Smith. Motion passed
unanimously.
12. Consider request for Preliminary Plat Review for a Proposed New
Subdivision Plat. Applicant, Charles Ritze.
Applicant informed City Council that disputes regarding property lines
have been resolved between parties. It was noted that the only problem
with the subdivision request was the need for a variance associated with
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the minimal frontage to Hilltop Drive was the consensus of Council that
the variance should be approved due to the hardship associated with the
unique land configuration, and due to the fact that without the variance,
the property owner is denied reasonable use of the property for
residential purpose.
Motion made by Dan Blonigen to approve the preliminary plat and approve
the variance associated with that plat. Motion seconded by Bill Fair.
Motion passed unanimously.
13. Consideration of Council Chamber Renovation.
After discussion, it was the consensus of Council to table further
consideration of Council Chamber renovation pending development of
community logo. At this point, development of the logo ensued. Council
developed a tentative list of members to serve on an advisory body charged
with developing community logo. Council directed staff to solicit input
on development on community logo from the individuals listed.
14. Consideration of Dictation System Purchase.
Staff reviewed the need for replacement of the existing dictation system.
It was noted that the existing system consisting of individual units is
over 10 years old, and experiencing continual mechanical problems. Staff
recommended purchase of a centralized dictation system. Mayor Grimsmo
commented that the dictation system proposed would allow Council members
to call City Hall with messages and provide council with capability of
composing letters and memos from their home telephones. Motion was made
by Bill Fair, and seconded by Fran Fair to purchase a dictation system
from Marco office supplies at the cost of $4,965. Motion passed
unanimously.
15. Consideration of Gambling License Renewal - Knights of Columbus.
Motion made by Bill Fair, seconded by Fran Fair to approve said gambling
license renewal. Motion passed unanimously.
16. Consideration of Setting a Public Hearing for Modification #3 of Project
Costs for Tax Increment District #2.
Motion made by Bill Fair, seconded by Dan Blonigen to approve setting of a
public hearing for the purpose of receiving comments on Modification #3 of
project costs for Tax Increment District #2. Motion passed unanimously.
SEE RESOLUTION 88-34.
17. Consideration of Setting a Public Hearing for 7:00 September 26, 1988 for
the Purpose of Receiving Continents on Relocation and Moving Expenses
Associated with Modification #3 of Project Costs for Tax Increment #2.
Motion made by Bill Fair to adopt Resolution 88-35 Setting a Public
Hearing for Modification #3 of Project Costs for Tax Increment #2. Motion
seconded by Fran Fair. Motion passed unanimously.
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18. Consideration of Setting A Special Meeting for Purpose of Canvassing
Results of Primary.
It was the consensus of Council to have a special meeting for the purpose
of canvassing the primary results on Wednesday, September 14th at
7:00 a.m. Resolution 88- 36 Setting Special Meeting of Purpose of
Canvassing Results of Primary.
Respectfully Submitted,
Jeff O'Neill,
Assistant City Administrator
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