City Council Minutes 10-11-1988MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Tuesday, October 11, 1988 - 7:30 p.m.
Members Present: Arve Grimsmo, Bill Fair, Dan Blonigen, Warren Smith
Members Absent: Fran Fair
2. Approval of Minutes.
Motion was made by Bill Fair, seconded by Warren Smith, to approve the
minutes of the regular meeting held September 26, 1988. Voting in favor
was Bill Fair, Dan Blonigen, Warren Smith. Abstaining: Arve Grimsmo.
3. Citizens Comments/Petitions, Requests, and Complaints.
Larry Hallberg requested that Council consider establishing a youth
center in a city building. Arve Grimsmo noted that at the current time
there is no space available in existing structures for the youth center.
He suggested to Hallberg that he organize a group to study the issue and
provide a concrete recommendation to the City Council regarding
development of a youth center.
Don Grewe, Manager of Downtown Standard gas station, voiced his concern
regarding the impact of the streetscape fixtures on accessibility to his
property. Grewe asserted that the plan as now designed will make it
difficult for gas deliveries to be made using the Broadway access point.
Council requested that staff continue to work with Grewe in developing a
plan that will provide for full access to the property without
eliminating integrity of streetscape design.
4. Consideration of Adopting Ordinances Regulating Loitering, Cruising, and
Noise Abatement.
City Attorney, Tom Hayes, described research conducted with regards to
development of the proposed ordinances. Hayes reviewed three ordinance
amendments to be used as additional tools for law enforcement personnel
to use in curbing the loitering, noise problem, and cruising within the
city of Monticello. The ordinance amendments proposed attempt to curb the
1) cruising by adoption of ordinance amendment Title 9; 2) loitering,
littering, and lingering on the public sidewalks, etc., by adoption of
Title 7-1 under Public Nuisances, and 3) an additional ordinance that
would hopefully curb noise problems between the hours of 10 p.m. and 7
a.m. All of the ordinances do indicate the enforcement procedures and
penalties for violation. Hayes noted that even with the adoption of
these ordinances, it remains to be seen what effect they will have on a
judicial system in prosecution of violators; but the ordinances will give
the law enforcement officials a tool to use to hopefully curb the
problems we have been experiencing.
Pat Townsend voiced his concern that the amendments as proposed will have
a negative impact on the rights of average citizens. Warren Smith noted
that the amendments as proposed will not affect the average citizen and
continued by saying that Council has tolerated the problems long enough
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and that the ordinances are necessary. Bill Fair noted that the proposed
ordinances are less onerous than is the impact of cruising on the rest of
the public. Dan Blonigen stated he has reservations regarding
development of a new ordinance and noted that discretion should be used
in enforcing the new law. He ended by saying that the amendments are not
a total solution and the solution must come from the kids working in
cooperation with the City.
After discussion, motion by Bill Fair to adopt the ordinance amending
Title 9, Section 9-1-7 of the code of the City of Monticello, and to
adopt an ordinance amending Title 6, Section 6-1-10 of the code of the
City of Monticello, and to adopt an ordinance amending Chapter 1, Section
7-1-3 of the Code of the City of Monticello. Motion seconded by Warren
Smith; motion passed unanimously. See Ordinance Amendments #164, #165,
and #166.
5. Public Hearing on Preliminary Plan for Celebrate Minnesota Project.
Staff and Celebrate Minnesota advisory committee member, Bill Fair,
outlined the goals, projects and activities identified in the preliminary
plan for the Monticello Celebrate Minnesota program. It was noted that
the goal of the Monticello Celebrate Minnesota program is to provide
projects and activities that celebrate the connection of the rich
history, future (youth), and natural resources possessed by the City of
Monticello. Proposed projects included development of bridge or ferry
providing access to the island in the Mississippi adjacent to East Bridge
Park. Along with this idea is a plan for development of a system of
trails and picnic areas on the island. General river bank clean-up is
also included with this project. The design of the access is in the
planning stages. The plan calls for a City expenditure of $19,000 for
capital equipment associated with this project, with $12,000 to be drawn
from the Celebrate Minnesota Grant, and $16,000 in the form of volunteer
labor from individuals and community groups. Total cost of this project,
including value of volunteer labor, is $47,000.
Another project calls for beautification of City entrances via the
cooperative efforts of a number of community organizations such as the
Chamber, Lions, and Rotary. Details regarding this project proposal will
be refined with the input of participating organizations. The
preliminary plan calls for a City allocation of $25,000 for capital costs
associated with this project. Additional resources include $10,000 from
the State Grant Program and $5,000 from local organizations in the form
of volunteer labor. Total cost of this project is estimated at $40,000.
The final major project includes the Robert Leathers Play Structure
Development. Staff reported that unfortunately, this project is not
eligible for State funding because it will not be completed until the
early summer of 1990. Despite this fact, the advisory committee decided
to include this activity in the Monticello program because the project is
vital to achieving one of the major goals of the program, which is to
celebrate the youth/future of the community and civic cooperation. It is
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proposed that the City provide a funding level of $12,500 over a period
of two years, which represents 11% of the total cost of this particular
project.
At this point comments from the public were solicited from Mayor
Grimsmo. There being none, the public hearing was closed. Council
discussed the proposed projects with Warren Smith noting that the plan as
developed represents a good start. Dan Blonigen disapproved of City
participation in the development of the Robert Leathers play structure
and would therefore not support the Celebrate Minnesota Plan.
Motion was made by Bill Fair and seconded by Warren Smith to approve the
preliminary plan as submitted and direct staff to complete the Celebrate
Minnesota Grant application accordingly. Voting in favor was Arve
Grimsmo, Warren Smith, Bill Fair. Opposed: Dan Blonigen.
Consideration of Resolution Issuing an Order for Abatement of Dangerous
Buildings - Clifford Olson Property.
City Attorney, Tom Hayes, reported to Council that although the list of
violations and repairs needed may not be all encompassing, item #13 in
the Order states that Mr. Olson is required to correct any and all other
electrical, plumbing, or building code violations. This statement should
be sufficient to notify Mr. Olson that all building code violations must
be corrected, not just the specific items listed in the original Order.
Hayes went on to report that should the resolution be adopted by the
Council, Mr. Olson will have 45 days to complete all building,
electrical, and plumbing code violations; and at that time, the City
still has the option to file a motion before District Court for summary
enforcement.
After discussion, motion was made by Warren Smith and seconded by Bill
Fair to adopt the resolution proceeding with the Order for improvements
according to Minnesota Statutes 463.15 to 463.261 as recommended by the
City Attorney. Motion carried unanimously. See Resolution 88-42.
Consideration of Request to be in Non -Compliance with City Ordinances or
Request for Second Service at no Charge.
Council reviewed events leading to the present circumstances as presented
by Public Works Director Simola and applicant, Mr. Anderson. It was the
view of Council that the request should not be granted because the
homeowner did not take appropriate action to resolve the problem at the
appropriate time during the development of the project. It was the view
of Council that the City should not make an exception to its ordinance
regarding operation of septic systems or install service connections at
City costs as proposed. Motion by Dan Blonigen to require Mr. Anderson to
hook up to city sewer as mandated by City ordinance.
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8. Public Hearing on the Proposed Budget for 1989.
Mayor Grimso asked for comments from the public regarding the proposed
budget for 1989; there being none, the public hearing was closed.
9. Consideration of Adopting the 1989 Budget and Certifying the Tax Levy.
Warren Smith opened the discussion noting that it is prudent at this time
to hold the line on additional expenditures and cut the proposed budget
as outlined. He also supported fund transfers to support debt service
which would allow the City to levy the maximum amount without creating a
large increase in the mill rate. Such action would protect the City's
future ability to increase the levy as service demand increases. Bill
Fair noted that the growth in the budget is in debt service associated
with investments in the future of the community. Dan Blonigen voiced his
opposition to the proposed budget and noted that the Monticello budget is
larger than communities of comparable size. Arve Grimsmo responded by
saying that compared to other communities, the City portion of the tax
dollar remains low relative to the School and County portion.
Furthermore, the City provides for garbage collection, which very few
other communities provide.
Motion made by Bill Fair and seconded by Warren Smith to approve the
transfer from the capital outlay fund and liquor store fund in the amount
of $286,582 to debt service accounts. Voting in favor: Bill Fair, Warren
Smith, Arve Grimso. Opposed: Dan Blonigan. Motion Passed. Motion to
adopt a resolution adopting the 1989 budget and sets the tax levy as
follows:
REVENUE
General
$1,019,800
Library
$ 25,025
OAA
$ 28,100
HRA
$ 16,760
DEBT RETIREMENT
Debt Service Fund
$ 780,516
CAPITAL IMPROVEMENTS
Capital Improvement Revolving
$ 327,807
TOTAL TAX LEVY
$2,198,008
Voting in favor: Arve Grimsmo, Bill Fair, Warren Smith. Opposed: Dan
Blonigen. Motion passed. See Resolution 88-44.
10. Consideration of Appeal on Variance Request to Allow a Garage to be
Constructed Within the Front Yard Setback Requirement. Applicant, Viva
Jean Abrahamson.
After discussion, Council elected to deny the appeal, as Council
concurred with the Planning Commission that the variance be denied
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because applicant failed to demonstrate the degree of hardship necessary
to justify granting of the proposed variance. Motion made by Bill Fair
and seconded by Dan Blonigen to deny the proposed variance request.
Motion passed unanimously.
11. Consideration of Conditional Use Request to Allow Minor Auto Repair in a
B-3 (Highway Business) Zone. Applicant, Dale Poganski.
Staff reviewed the development proposal with Council and outlined the
list of conditions associated with the proposed development. After
discussion, motion was made by Dan Blonigen and seconded by Warren Smith
to grant the conditional use permit with the following conditions:
1) Front and rear exterior wall exterior shall be consistent with
proposed ordinance regulating commercial building exteriors, and
2) Planning Commission must review and approve building exterior design
and site plan prior to site development. Motion passed unanimously.
12. Consideration of a Preliminary Plat Approval for a Residential
Subdivision. Applicant, Tom Holthaus.
After discussion, motion made by Warren Smith and seconded by Dan
Blonigen to approve preliminary plat. Plat to include dedication of the
7th Street right-of-way to the City of Monticello. Motion passed
unanimously.
13. Consideration of Conditional Use Request to Allow a Cold Storage Building
to be Built in a PZM (Performance Zone Mixed) Zone. Applicant, Ruff
Auto.
After discussion, motion made by Bill Fair and seconded by Dan Blonigen
to approve said conditional use request, motion passed unanimously.
14. Consideration of Simple Subdivision Request to Allow Two Residential Lots
to be Split, with Less than the Minimum Lot Area Square Footage.
Applicant, Dan Frie.
Staff noted to Council that the Planning Commission recommended approval
of this request because the lots created will be as large as all lots
platted as part of the original plat of Monticello. In addition, no yard
setback variances will be needed in order to develop the lot created.
Councilmember Bill Fair requested that the Planning Commission determine
if a separate set of regulations need be developed that address
residential site area requirements pertaining to lots created with the
original plat of Monticello.
After discussion, motion by Warren Smith and seconded by Dan Blonigen to
approve simple subdivision to be split to create city lots with less than
the minimum lot area. Motion passed unanimously.
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15. Consideration of Replatting Request to Replat an Existing Unplatted Lot
into (8) Townhouse Lots and One Common Area Lot. Applicant, Floyd
Marklinq.
After discussion, motion was made by Bill Fair, seconded by Dan Blonigen,
and unanimously carried to approve the replatting request to replat an
existing unplatted lot into (8) townhouse lots and one common area lot.
16. Consideration of Resolution Accepting Bids and Awarding Contract on 88-7
Improvement Project.
After discussion, motion made by Bill Fair and seconded by Dan Blonigen
to adopt a resolution accepting bids and awarding contract on said
project to Burschville Construction for the bid amount of $47,694.50.
Motion passed unanimously. See Resolution 88- 45.
18. Consideration and Review of the Proposed 1989 Budget of the SWC4.
The status of the SWC4 consortium was discussed. It was requested by
Bill Fair that the SWC4 Administrator, Barb Guffey, provide a system
update at an upcoming meeting of the Council. Motion made by Bill Fair
and seconded by Warren Smith to approve proposed budget of SWC4. Motion
passed unanimously.
Other Matters.
In other matters, motion made by Warren Smith and seconded by Dan
Blonigen to adopt a resolution entering into a traffic signal agreement
with the State of Minnesota. Motion passed unanimously. See
Resolution 88-46.
Motion by Dan Blonigen and seconded by Bill Fair to set the sale of G.O.
water tower related improvement bonds for November 14, 1988, in the
amount of $1,100,000. Motion passed unanimously. See Resolution 88-43.
of O' Neill
Assistant Administrator
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