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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 1 5. 6. Council Minutes - 9/12/88 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 K Council Minutes - 9/12/88 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. 3 Council Minutes - 9/12/88 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 4 Council Minutes - 9/12/88 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. 5 Council Minutes - 9/12/88 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 2