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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 Page 1 Council Minutes - 9/24/90 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. Page 2 5. Council Minutes - 9/24/90 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. Page 3 Council Minutes - 9/24/90 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 Page 4 a Council Minutes - 9/24/90 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. Page 5 Council Minutes - 9/24/90 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 Page 6 Council Minutes - 9/24/90 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 Page 7 Council Minutes - 9/24/90 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. Page 8 Council Minutes - 9/24/90 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 Page 9