City Council Minutes 07-23-1990MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, July 23, 1990 - 7:00 p.m.
Members Present: Ken Maus, Warren Smith, Shirley Anderson, Fran
Fair, Dan Blonigen
Members Absent: None
2. Approval of minutes.
Motion was made by Warren Smith, seconded by Shirley Anderson,
to approve the minutes of the regular and special meetings
held July 9, 1990. Motion carried unanimously.
3. Citizens comments/petitions, requests, and complaints.
John Zillmer of 122 Marvin Elwood Road asked Council if there
is any alternative to the proposal to develop a cluster
mailbox in front of his property. Gary Anderson noted that it
is up to the post office where the cluster boxes should be
placed and that the City does not regulate cluster mailboxes.
Ken Maus suggested that Mr. Zillmer discuss the matter of
placement of the mailboxes with the post office officials.
Vicki Schluender noted that there was a lot of cooperation and
cleanup that occurred in her neighborhood as a result of City
and neighborhood efforts to enforce the public nuisance
ordinance. She went on to note, however, that some property
owners still have not been complying with the public nuisance
ordinance. Ken Maus noted that those property owners that are
in violation of the public nuisance ordinance as interpreted
by the Building Inspector have been ticketed, and those that
continue to maintain their properties in a non -conforming
manner have been referred to the court system.
Maus also noted that in terms of the public nuisance
ordinance, two different people can look at the same situation
and have a different interpretation regarding whether or not
the situation constitutes a violation.
Mike Chandler, resident in the area, noted that he would like
to complain against the complainers and wanted to state that
in any block in the city he can show the same situation as
being complained about. He went on to say that most of the
complaints come from a single person.
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Vicki Schluender noted that the problems she has cited in her
neighborhood are a city-wide problem.
After discussion, it was determined that Building Inspector,
Gary Anderson, would consult with City Attorney, Tom Hayes,
regarding each public nuisance complaint and determine if the
complaint is warranted based on the public nuisance ordinance
language.
Warren Smith agreed that the City has toughened the ordinance
and that pressure should now be brought on the county to
process the complaints. He went on to note that the City
should not be overly tough and that homeowners should have
some freedom in choosing how to manage their property.
Shirley Anderson agreed. She noted that if you want tight
restrictions in your neighborhood, you should establish them
before you move in.
Dan Blonigen noted that the ordinance is sufficient, but the
courts should be moving quicker. Painting restrictions are
difficult to enforce. He challenged the neighbors by asking
if they are truly neighbors or are they merely living side by
side.
Fran Fair stated that the City has made strides toward
improving neighborhoods by amending the public nuisance
ordinance and enforcing it better. She went on to note that
the City should give some people credit for having the courage
to improve their neighborhoods.
4. Public hearing on inspection report, consideration of ordering
abatement of hazardous sidewalks, and authorization to
advertise for bids for sidewalk repairs and replacements.
The public hearing was opened.
John Simola reported that the sidewalk information meeting was
held Monday, July 16. Nine residents attended the meeting.
Those individuals that attended appeared to support the City's
new cost sharing policy. Their questions related to cost
sharing removal of sidewalks off the grid and extensions of
the grid to abutting sidewalks.
Council reviewed requests submitted by Ben Smith, Ann
Lindberg, Lestor and Ruth Harstad, and Bridge Water Telephone
Company that proposed extension of the grid system to the
northerly half of Block 33 to include the sidewalk on the
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south side of East Third Street between Pine and Cedar
Streets. In addition, the City received a petition from
Trinity Lutheran Church and Todd Holt which requested
extension of the grid system to the north side of Broadway on
the block occupied by Trinity Lutheran Church and the Todd
Holt property.
The Council also reviewed a letter from John Lilja of 500 West
3rd Street asking that his sidewalk on Maple Street be removed
from the grid.
Council and staff responded to questions submitted by
citizens. Tom Bose, City Inspector, noted that uneven
sidewalk panels can be corrected by grinding the elevated
panel to match the lower panel.
Brad Fyle made comments regarding the sidewalk grid system.
He noted that sidewalks on Walnut are a good idea. Sidewalk
on both ends of the cemetery on Highway 25 was not a good
idea. He thought sidewalks should be paid 100% by the City,
and it was his view that a sidewalk should be placed on Elm
Street, as more people on the west end of the community will
use it.
John Simola noted that Elm Street is on a future grid system
for development of sidewalk and that sidewalk will be
installed there at some point in the future.
Ban Blonigen noted that the City is being generous by paying
750 of the cost to install sidewalks on the grid system.
Blonigen went on to note that there are many areas in the
community that have no access to sidewalks at all, yet part of
their tax dollar is being used for development of sidewalks in
front of individual property owners. Blonigen noted that it
was not unreasonable to ask that property owners pay 25% of
the cost to develop sidewalks that they have direct access to.
At this point in the meeting, the public hearing was closed.
John Simola noted that the sidewalk planned for the cemetery
is not proposed for this year, and the proposal to develop
sidewalk on both sides of the cemetery could be re-evaluated
in the future.
After discussion, motion was made by Shirley Anderson -to order
the public works department to repair or have repaired all
minor sidewalk problems on the grid involving two panels or
less within 90 days. In addition, notices to property owners
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with hazardous sidewalks on the grid needing repairs to more
than two panels shall be sent notices to abate those hazardous
sidewalks within 90 days. Property owners with hazardous
sidewalks should also be sent a copy of a form or petition to
have the City perform the work on a cost sharing basis. Those
individuals with sidewalk off the grid are to be sent notices
to repair or replace within 90 days or remove within 120 days.
Council authorized City staff to advertise for repair or
replacement of sidewalks with estimated quantities to be based
upon amount of work to be performed by the public works
department and 95% of other sidewalks. Motion was seconded by
Dan Blonigen and carried unanimously.
Shirley Anderson also noted that the grid that has been
approved is a 3 -year grid. Sidewalk improvements should be
budgeted for and completed over an extended period of time.
Motion was made by Shirley Anderson and seconded by Fran Fair
to allow the northerly half of Block 33 to be placed on the
sidewalk grid system. Motion carried unanimously.
Motion by Fran Fair and seconded by Shirley Anderson to
include the side of the block encompassing Trinity Lutheran
Church and the Todd Holt property to be included in the City
sidewalk grid system. Motion carried unanimously.
5. Discussion on possible City acquisition of industrial property
from Farm Credit Services.
City Administrator, Rick Wolfsteller, requested Council
discuss whether or not the City should or would like to get
involved in owning a portion of the property once owned by Jim
Boyle and now controlled by Farm Credit. Wolfsteller informed
Council that Farm Credit might consider transferring a portion
of the property as payment of delinquent assessments linked to
the property. It was the consensus of Council to not get
involved in City acquisition of property and that City control
over planning and development of the acreage should be limited
to those controls already possessed by the City via the
comprehensive plan and zoning ordinance.
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6. Sandberg East development update.
Consideration of interpretation of previous motion --is the
deferral of County Road 39 project assessment contingent on
Krautbauer providing new project sanitary sewer and waterline
easements?
Assistant Administrator O'Neill requested that Council revisit
previous action taken on June 25, 1990, at which time Council
acted to accept the feasibility study, approve the finance
plan, and to order plans and specifications subject to City
acquisition of necessary public easements. The finance plan
includes retroactive deferral (abatement) of sanitary sewer
and water against Krautbauer properties, reduction in lift
station unit assessment from 98 to 74 units, and a lifting of
storm sewer assessments until such time that the storm sewer
facilities are needed due to development of Krautbauer
property. O'Neill asked Council if it was the intent of
Council to approve a three-year retroactive abatement of the
interest on the County Road 39 project with or without
Krautbauer providing easements for the new project.
Fran Fair noted that in making the motion, she intended to
require that Krautbauer provide the easements prior to the
granting of the retroactive deferral of assessments. Dan
Blonigen concurred with Fran Fair's clarification of the
motion. A general discussion ensued.
After discussion, motion was made by Fran Fair and seconded by
Shirley Anderson to approve the concept of extending sewer and
water utilities along the perimeter of the Krautbauer
property. Abatement of the County Road 39 project assessments
as described in the June 25, 1990, meeting is to be granted
subject to Krautbauer providing the necessary sewer and water
line easements along the perimeter of his property. This
easement is subject to the following conditions: 1) said
utility extension shall provide no service stubs to the
Krautbauer property, 2) and no assessment shall be levied
against the Krautbauer property. However, at such time that
the Krautbauer property utilizes the service line, a hookup
fee or assessment shall be established at that time. Motion
carried unanimously.
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7. Consideration of authorization to rebid garbage hauling
contract.
John Simola reported that City staff has been concerned with
the high rates that the City pays for contract hauling of
garbage. Our current contract with Corrow Sanitation
increased 900 over the previous contract. Since the inception
of the new contract, the City has averaged in excess of 25%
reduction and waste going to the landfill through its
recycling program. As a result, Corrow Sanitation has hauled
137 fewer loads to the landfill than they did the previous
year. When approached by staff about renegotiating the
contract, Corrow indicated that they would not negotiate for
twice a week pickup, as they felt they were charging what the
traffic would bear and the City could not get a better price
elsewhere. As a result of Corrow's refusal to renegotiate the
contract, City staff suggests that the City look at
alternative methods for providing garbage service. City
Council and staff discussed various garbage hauling
strategies, including automation of garbage pickup versus the
present method of garbage pickup.
After discussion, motion was made by Shirley Anderson and
seconded by Warren Smith to authorize City staff to advertise
for bids and prepare a bid from the public works department to
be returned August 27. Motion carried unanimously.
Under this alternative, Council would authorize advertisement
for bids based upon once a week pickup with existing garbage
containers, once a week pickup with automated 90 -gallon roll -
around containers, and with the apartments bid separately at
once and twice per week. City staff would then also prepare
a bid from the public works department with the City going
into garbage business with or without a joint venture with the
City of Buffalo. Bids would be returned one month later on
August 27 to be reviewed by the City Council at the first
meeting in September. Our current contract has a six-month
cancellation clause, so it is expected that any change in
hauling would occur in the spring of 1991.
8. Consideration of change order #1 for Project 90-02, 7th and
Minnesota Street improvement projects.
John Simola explained that change order #1 involves three
items on the above -referenced project. Item #1 is the
addition of 8,530 sq ft of sidewalk to the project. This
would include sidewalk on those portions of 7th Street and
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Council Minutes - 7/23/90
Minnesota Street receiving new street as referenced by the
1990 to 1993 grid. It includes no sidewalk located off the
90-02 project. Cost of adding the sidewalk to the project is
$14,500. He went on to note that we expect the actual cost to
be slightly lower, as we will not now have to sod the 5 -foot
strip taken up by the sidewalk.
The second change order involves excavation of organic
material beneath the intersection of Locust and 7th Street.
It appears that when this street was constructed, not all of
the organic material was removed from the street subgrade;
therefore, since 7th Street is now going to be a minimum 9 -ton
all weather road, it is important that we remove this material
and provide a good street base. The cost to remove this
material and bring in clean granular fill is estimated at
$1,200. The City will obtain the black dirt and use it on
various City projects. Consequently, there is some value to
this material from which the City will benefit.
After discussion, a motion was made by Shirley Anderson and
seconded by Dan Blonigen to approve said change order at an
estimated cost of $15,801. Motion carried unanimously.
Consideration of boulevard stump removal.
John Simola noted that currently we have excess of 40 stumps
located on boulevards, some of which have been there for many
years. He went on to state that it appears to be in the
City's best interest to improve the image of the community by
removing these stumps from the boulevard and develop a program
whereby we will continue to do so for tree stumps located in
the boulevard in the future.
After discussion, motion was made by Fran Fair and seconded by
Warren Smith to approve the boulevard stump removal program
with the City paying for the cost of grinding out the stump,
removing the chips, and placing black dirt in the excavation
at an estimated cost for the 40 stumps of $1,140. Motion
carried unanimously.
10. Consideration of adopting a resolution calling for a public
_hearing on the proposed modification of the tax increment
financing plan relating to Tax Increment Finance District
No. 1-9 (Tappers, Inc.).
Motion was made by Fran Fair and seconded by Shirley Anderson
to adopt a resolution calling for a public hearing on
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August 13 on the proposed modification of the TIF plan
relating to TIF District No. 1-9 (Tapper's, Inc.). Motion
carried unanimously. SEE RESOLUTION 90-27.
11. Consideration of approving transfer from liquor fund to EDA
fund for revolving loan--Tapper's, Inc.
Rick Wolfsteller reported that the loan documents for the
$88,000 have been completed as part of the closing process;
and as a result, the funds should be transferred from the
liquor fund into the newly established EDA fund. Wolfsteller
reminded Council that Council has previously approved initial
funding of the revolving loan fund in the amount of $200,000
from liquor store reserves. Wolfsteller went on to request
that the funds be disbursed.
Motion was made by Shirley Anderson and seconded by Fran Fair
to approve the transfer of $88,000 f rom the liquor fund to the
revolving loan fund. Motion carried unanimously.
12. Consideration of local cigarette vending machine ordinance.
City Administrator Wolfsteller informed the Council of the new
law to take effect August 1, 1990, controlling locations of
cigarette vending machines to private business locations not
generally open to the public and requiring other locations
such as restaurants and grocery stores to have vending
machines that are only operable by an employee providing
special tokens or through electronic switching devices.
It was noted that the City Council had discussed a few months
prior establishing a cigarette vending machine ordinance that
would prohibit or restrict locations of these machines, and it
was the consensus of the Council that there did not appear to
be any reason, at this time to have a local ordinance now that
the state has adopted their own regulations. It was also
noted that if the state is not able to enforce their new law
and violations are apparent in Monticello, the City Council
could then consider establishing its own regulations and
Enforcement procedures.
13. Consideration of bills for the month of July.
Motion was made by Warren Smith and seconded by Fran Fair to
approve payment of bills for the month of July. Motion
carried unanimously.
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14. Other action.
Assistant Administrator O'Neill reported on the steering
committee's plans for the TRAM 250 event scheduled for
Tuesday, July 31. Mayor Maus stressed the importance of
keeping the park clean during the event and suggested that an
extra garbage dumpster be moved to Ellison Park for the event.
Shirley Anderson reviewed problems regulating location and
operation of adult book stores in the city of Ramsey.
Anderson suggested that the City develop an amendment to the
zoning ordinance which strictly regulates the operation of any
adult book stores that may wish to locate in Monticello. She
went on to note that the City may wish to place a moratorium
on adult book stores until such time that a zoning ordinance
amendment is developed.
After discussion, motion was made by Shirley Anderson and
seconded by Dan Blonigen to establish a moratorium on
development of adult book stores until such time that
amendments to the zoning ordinance can be established which
properly regulate this type of land use. Said moratorium is
not to exceed six months.
,7e I Nei11
Assistant Administrator
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