City Council Minutes 09-24-1990MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, September 24, 1990 - 7:00 p.m.
Members Present: Ken Maus, Fran Fair, Warren Smith, Shirley
Anderson, Dan Blonigen
Members Absent: None
2. Approval of minutes.
Assistant Administrator O'Neill amended item #6, condition #1,
to read as follows:
The boulevard areas must be maintained in a manner
acceptable to City staff, which could require mowing in
the boulevard trees and establishment of plants that grow
no higher than 15 inches.
O'Neill also amended item #7 as follows:
Motion was made by Shirley Anderson, seconded by Dan
Blonigen, cancelling Corrow Sanitation's contract upon
six months' notice. Motion carried unanimously.
Motion was made by Shirley Anderson, seconded by Dan Blonigen,
to approve the minutes of the September 10, 1990, meeting as
amended.
3. Citizens comments/petitions, requests, and complaints.
A petition requesting Council action to control traffic speed
in front of the public schools was received and reviewed.
Shirley Anderson mentioned the need to address the traffic
concerns noted by the petitioners.
4. Consideration of a resolution pursuing acquisition of
Outlot A, Country Club Manor, in lieu of delinquent taxes and
assessments.
Administrator Wolfsteller explained that as part of the 1978-1
improvement project, Outlot A of Country Club Manor received
an assessment for street improvements along with sewer and
water extensions in the original amount of $280,228. The
parcel owned by Marvin George has not paid any taxes or
special assessments in the last ten years; and with penalties
and interest accumulating, the balance owing is approximately
$550,000. Since the property is delinquent in its taxes, the
county may be including this parcel under its tax forfeiture
procedures in the future. It would appear that if the City is
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willing to wait long enough, we would be able to obtain title
to the property through the tax forfeiture procedures in
another year or so. Wolfsteller explained that there is
another method by which the City could acquire title to this
property in lieu of delinquent taxes and assessments. Under
Minnesota Statutes, Chapter 282, the City has the authority to
petition to the County Board of Commissioners requesting that
the property be turned over to the City as long as the City is
willing to use the property for public purpose. The only
drawback to this procedure is that if the City obtains title
to the property, it is the City's responsibility to pay real
estate taxes owing to the other taxing jurisdictions such as
the school and the county. Approximately $4,500 of the
$550,000 is actual real estate taxes; and unless the school or
county agree to abate their portion of the taxes, the City
would have to pay this amount to obtain title.
City Attorney, Tom Hayes, noted that the county auditor hopes
to complete the tax forfeiture sale in 1991; however, the
auditor would not commit to doing so in writing. Fran Fair
asked Hayes to describe what is meant by "public purpose."
Tom Hayes responded by saying that the public purpose
requirement would be satisfied simply by selling the property
to a developer for the purpose of development of housing.
Ken Maus asked Tom Hayes if the county may have been negligent
in not assisting the City in obtaining title to this property
through the tax forfeiture procedures. Tom Hayes noted that
by law, the county could have initiated the tax forfeiture
procedures some time ago; however, the county has been
reluctant to act on properties with delinquent assessments and
taxes on a case-by-case basis, which, in this situation, has
created a significant costly delay. Tom Hayes went on to note
that Council approval of the resolution pursuing acquisition
of Outlot A through the Minnesota Statutes, Chapter 282, will
set the wheels in motion that will enable the City to obtain
title to this property. Ken Maus noted that this is a good
opportunity to explore this method of recovering delinquent
taxes and assessments.
After discussion, motion was made by Fran Fair, seconded by
Shirley Anderson, to adopt a resolution petitioning the County
Board to sell the property to the City for the unpaid taxes
and assessments. Motion carried unanimously.
SEE RESOLUTION 90-37.
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Consideration of adoption of a joint resolution accepting
petition for annexation submitted by Joanne Halliger.
The Assistant Administrator reported that Joanne Halliger
expressed interest in development of her property when she
submitted a request for a conditional use permit to the OAA.
This conditional use permit would have allowed her to develop
four 1 -acre lots on her property at the corner of Gillard and
County Road 39. Now that it has been determined that
utilities will be extended in front of her property,
Mrs. Halliger has elected to request annexation to the city of
Monticello. O'Neill noted that this request is consistent
with the unsigned joint resolution between the Town of
Monticello and the City of Monticello concerning the OAA.
This item has been discussed at OAA meetings and has been the
topic of discussion at Township Board meetings. O'Neill
informed Council that it was his understanding that the
Township supports the petition for annexation.
Fran Fair asked about the status of the joint agreement
between the City and the Township. Assistant Administrator
O'Neill informed Council that the Township Board will be
placing the joint resolution on an upcoming agenda for further
review.
After discussion, motion was made by Shirley Anderson,
seconded by Dan Blonigen, to adopt a joint resolution
accepting petition for annexation submitted by Joanne Halliger
and directing staff to request placement of the joint
resolution between the Town of Monticello and the City of
Monticello concerning the OAA on the next Township Board
agenda. Motion carried unanimously. SEE RESOLUTION 90-38.
Consideration of resolution declaring costs to be assessed and
setting a public hearing date on assessment roll --Meadows
Phase II.
Administrator Wolfsteller informed Council that the final
project cost has been finaled out at $98,583; therefore, staff
recommends the public hearing on adoption of the assessment
roll be scheduled for October 9 in order to certify the
assessments for the county auditor yet this year.
Motion was made by Warren Smith, seconded by Fran Fair, to
adopt a resolution declaring costs to be assessed and set the
public hearing date for October 9, 1990, for Meadows Phase I I ,
Project 90-03. SEE RESOLUTION 90-39.
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7. Consideration of extending a moratorium of burning of certain
waste types by use of incinerators in the city of Monticello.
Assistant Administrator O'Neill informed Council that on
September 4, 1990, the State of Minnesota adopted waste
management rules affecting the operation of medical and
hazardous waste incinerators. Staff is now in a position to
develop local regulations that are consistent and complement
the regulations that have been prepared by the State of
Minnesota; however, staff will not be able to prepare those
regulations prior to the expiration of the moratorium on
hazardous waste incinerators which will expire in October
1990. Council was asked to extend the moratorium for a period
not to exceed 18 months for the purpose of providing time to
prepare proper studies needed to protect the planning process
and the health, safety, and welfare of Monticello citizens.
After discussion, motion was made by Shirley Anderson,
seconded by Fran Fair, to adopt an interim ordinance placing
a moratorium on burning of certain waste types by incinerators
in the city of Monticello. Motion carried unanimously.
SEE ORDINANCE AMENDMENT NO. 197.
8. Consideration of street name change for Lauring Lane, 7th
Street, and/or Country Club Road.
Public Works Director, John Simola, reported that the City
should look into the possibility of changing Lauring Lane,
7th Street, and Country Club Road to one common name, as it is
essentially the same road. Ultimately, these segments of
roadway will be connected and run all the way from County
Road 39 on the west to County Road 18 on the east. It is
possible that we could define this street as a state aid route
upon reaching a population of 5,000. The current
configuration utilizing three names does cause some confusion,
and it may be best for the future to have a single name for
this entire route. Shirley Anderson noted that 7th Street in
her mind is the best name for the street, as it is easier to
find a numbered street than a street labeled with a name.
Fran Fair was concerned that people living on Lauring Lane
would be negatively impacted by being required to change their
address; therefore, she supported calling all three segments
Lauring Lane. Warren Smith noted his concern that the
business owners on 7th Street would prefer the 7th Street
address, as 7th Street is easier to locate than a Lauring Lane
address. Dan Blonigen concurred that street numbers rather
than labels are better. During the discussion, Ken Maus
suggested that the street retain both names, one official and
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possibly one unofficial name. He thought it possible that the
post office would deliver mail to both the official and
unofficial addresses.
After discussion, a motion was made by Shirley Anderson,
seconded by Dan Blonigen, to rename Lauring Lane and Country
Club Road to 7th Street and direct staff to research the
possibility of allowing continued use of the Lauring Lane
address for those that reside on the renamed roadway. Voting
in favor of the motion was Dan Blonigen, Shirley Anderson, and
Ken Maus. Opposed: Fran Fair. Abstaining: Warren Smith.
Warren Smith abstained from voting, as he currently owns a
business located on 7th Street.
Consideration of resolution adopting a records retention
schedule.
Karen Doty reported in her staff memo that the City has
reached the point where accumulation of records has become a
problem, as the basement at City Hall has reached its capacity
for storage. Doty went on to describe a proposed records
retention schedule which, if adopted, would allow the City to
destroy records that the City is not obligated by state law to
maintain. Staff recommended that even though some of the
financial records are important to retain for long periods of
time and may never be destroyed, most of the liquor store
records are not referred to by staff and are not necessary to
keep any longer than noted on the retention schedule required
by the State of Minnesota; and because the basement storage
area has reached its capacity, staff recommends that Council
adopt the liquor store section of the general records
retention schedule as formulated by the Department of
Administration and League of Minnesota Cities.
Ken Maus noted that the liquor store is a business, and there
is no reason to keep records if we don't need them; however,
at the same time, he noted that the City should get a letter
from the City's accounting firm and the City Attorney which
verifies the legality of destroying the liquor store records
as proposed.
After discussion, a motion was made by Warren Smith, seconded
by Fran Fair, to adopt the resolution adopting the liquor
store section of the general records retention schedule as
formulated by the Department of Administration and the League
of Minnesota Cities and direct staff to obtain a letter from
the City's accounting firm and attorney which verifies the
ability of the City to destroy said records. Motion carried
unanimously. SEE RESOLUTION 90-40.
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10. Consideration of review of the proposed 1991 budget of the
SWC4.
Administrator Wolfsteller reported that each year the SWC4
Cable Commission, of which Monticello is a member, adopts its
own budget for the upcoming year. The joint powers agreement
of the SWC4 provides that the annual budget shall be deemed
approved by a member community unless that community gives
notice in writing that it intends to withdraw from the
commission membership. The City Council does not have to
necessarily approve the budget. Wolfsteller went on to note
that in the budget it is proposed to incorporate funding for
a government access pilot program for one of its member cities
which would provide for cable casting of City Council meetings
to subscribers in the city. Twenty-five Thousand Dollars
($25,000) was earmarked for the purchase of equipment for such
purposes and also for staff necessary to operate the equipment
during governmental meetings. Shirley Anderson noted that she
believed telecasting of Council meetings is coming in the
future and she supports the concept.
After discussion, a motion was made by Shirley Anderson,
seconded by Dan Blonigen, to ratify the proposed 1991 budget
of the SWC4. Motion carried unanimously.
11. Consideration of proclaiming Wednesday, September 26, as
Toastmasters Day.
Ray Dinius of the Toastmasters Club in Monticello requested
that the City Council proclaim September 26 through
September 29 as Toastmasters Week in Minnesota. Dinius
requested that the Council show its support of this
organization via the proclamation.
After discussion, a motion was made by Shirley Anderson,
seconded by Fran Fair, to proclaim September 26-29 as
Toastmasters Week in Monticello. Motion carried unanimously.
12. Consideration of final payment of Improvement 90SW-1, concrete
sidewalk and appurtenant work.
John Simola reported that the sidewalk construction is
complete. The bid was based upon the replacement or repair of
9,850 square feet of sidewalk and appurtenant work with a
proposed cost of $21,725. Actual quantity of sidewalk
replaced was 11,351 square feet at a total cost, including
appurtenant work, of $24,459. The contractor was paid $13,653
with the first partial payment, leaving a balance due of
$10,806. Simola recommended that the Council authorize final
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payment to Witco in the amount of $10,806, as the concrete
work has been of excellent quality. The few small problems we
had with siding are being rectified by the City to the
property owners' satisfaction.
Motion was made by Warren Smith, seconded by Shirley Anderson,
to authorize final payment to Witco in the amount of $10,806.
Motion carried unanimously.
13. Consideration of purchasing streetscape banners in conjunction
with Chamber of Commerce Marketing Communications Plan.
Assistant Administrator, Jeff O'Neill, informed Council that
the Chamber of Commerce is in the process of establishing a
unified marketing and communications plan for the business
community. Part of this plan includes development of a city-
wide banner system. O'Neill noted that an intregal part of
this streetscape design includes development of banners to be
hung from the banner arms located on each decorative light,
and it just so happens that staff was in the process of
developing cost estimates for banners when it was discovered
that the Chamber of Commerce was considering the same thing.
O'Neill went on to ask if Council is interested in considering
development of a banner system in conjuction with the Chamber
of Commerce plans.
Ken Maus and Warren Smith reviewed the concept behind the
Chamber of Commerce efforts to create a unified marketing
plan. Warren Smith reported that the unified marketing plan
is designed to create a positive shopping image for the city
and will assist local businesses as they compete against
shopping opportunities outside of Monticello. Shirley
Anderson noted that she supported the development of banners
and that 50% of the cost should be derived from the Chamber of
Commerce. Warren Smith noted that the banner system should
also promote the entire business district. Ken Maus
reiterated that an attractive banner system reflects pride in
the community; therefore, the entire community benefits from
the banners. Shirley Anderson suggested that the funds for
the banners should be derived from the liquor store revenue
since this item is not in the general fund budget. This
suggestion was met positively by other Council members.
Warren Smith noted that the business community and the City
need to promote the city as a whole. We need to compete as a
city rather than competing as individual businesses against
other businesses outside of the city. The unified marketing
program and development of the banner system has grown out of
this concept. Fran Fair stated that all sectors, residential
and commercial, must work together to remain competitive with
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other communities. Council elected to table consideration of
development of a banner system with the final decision
regarding City funding of the project to be established at
such time that a refined proposal for development of the
banner system is submitted to City Council. Staff was
directed to work with the Chamber toward development of a
proposal.
14. Consideration of bills for the month of September.
A motion was made Shirley Anderson, seconded by Dan Blonigen,
to approve the bills as submitted. Motion carried
unanimously.
15. Other matters.
Ken Maus reviewed a petition requesting slow traffic zones in
front of school facilities. Maus suggested that development
of slow traffic zones be established at the request of the
school. We should inquire as to the school district's opinion
regarding the traffic problems in front of both the Pinewood
Elementary School and the high school. John Simola noted that
he had contacted the Sheriff's Department regarding truck
traffic on Highway 75 heading west from the I-94 bridge. He
was informed by the Sheriff's Department that trucks are
obeying speed limits and that in order for the City to patrol
this area consistently in the morning, the City will have to
pay additional patrol coverage as part of the contract with
the Sheriff's Department. Ken Maus brought up the idea of
hiring a single officer that would be deputized to do nothing
but enforce traffic laws. He noted that the City's ability to
direct traffic enforcement efforts would be increased greatly
if we hired a person for that specific purpose.
Council also discussed development of a pilot program for
Sunday bus service. Assistant Administrator O'Neill informed
Council that the Monticello Transportation Advisory Committee
is recommending the Council begin a pilot program for Sunday
service which would call for Heartland Express service to run
from approximately 8:00 in the morning until 12:30 in the
afternoon on Sunday. The total cost of this program to be run
between November 1 and December 31 is $400. O'Neill went on
to inform Council that the City recently received a grant of
$3,000 to operate transit programs that benefit the elderly.
This pilot program could be financed by this particular grant.
In addition, the City received $1,000 from the Lion's Club for
transit programs. This is an additional source of revenue for
a Sunday transportation service.
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After discussion, a motion was made by Fran Fair, seconded by
Warren Smith, to initiate a pilot program for the provision of
transportation service on Sunday mornings from 8:00 - 12:30.
Motion carried unanimously.
There being no further discussion, the meeting adjourned.
2r-- - z
Jeff O Neill
Assistant Administrator
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