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City Council Minutes 10-08-2007 Council Minutes: 10/8/07 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday October 8, 2007 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski. Members Absent: None 1. Call to Order and Pledl!:e of Allel!iance Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of September 24, 2007 Rel!:ular Council Meetinl!:. Tom Perrault noted that the time the meeting adjourned was listed incorrectly. SUSIE WOJCHOUSKl MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 24, 2007 REGULAR COUNCIL MEETING WITH THE CORRECTION NOTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of September 24, 2007 Special Council Meetinl!: _ HRAJEDA Workshop 1 BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 24, 2007 SPECIAL COUNCIL MEETING ON THE HRA/EDA. SUSIE WOJCHOUSKl SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2C. Approve minutes of September 24, 2007 Special Council Meetinl!: _ Public Works Facilities Needs Workshop Tom Perrault noted the workshop adjourned at 6:50 p.m. SUSIE WOJCHOUSKl MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 24, 2007 SPECIAL COUNCIL MEETING RELATING TO THE PUBLIC WORKS FACILITIES NEEDS WITH THE CORRECTION NOTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of addinl!: items to the al!:enda. The following items were added to the agenda: 1) A closed meeting of the Council following the regular meeting to discuss the possible purchase offers on property identified as the Bechtold site at 8617 Edmonson Avenue, PID 213-100-232400; the Gold Nugget site, PID 155-180-000010 and property owned by Ocello, PID 155-500-221101 and 155-500-232200; 2) Discussion of Marvin Road; and 3) Status of the pathway along Fallon Avenue. Council Minutes: 10/8/07 Mayor Herbst noted that the Red Cross was conducting a blood drive on October 10, 2007 and they are looking for volunteers and donors. 4. Citizen comments. Detitions. requests and concerns. A. Xcel Energy presentation regarding dry cask delivery by rail. Brad Sawatzke from Xce1 Energy presented information to the Council regarding the rail delivery of the materials for the dry cask storage being constructed at the plant. Xce1 Energy wanted to give the Council heads up on the rail shipments that will be coming through Monticello for the independent spent fuel storage installation. Construction of the dry cask storage at the plant began last spring. The storage bunks will be coming by rail from Chicago this week. Brad Sawatzke reviewed the timeline for construction of the dry cask storage. The dry cask storage area is the cleared area to the right of the existing plant. Brian Stumpf asked if there were any extra precautions being taken with the tracks being used again. Brad Sawatzke stated Xcel Energy has been working with the railroad to upgrade the tracks and that the trains will be coming through at very slow pace so people will know a train is coming. He will check with the railroad if there is anything else being done. Xce1 Energy's intent was that the Council members understand what to expect with the dry cask storage. He added that the Monticello Times had an article on the front page which should help get the information out to the public. Consulting Engineer, Bret Weiss stated that when the railroad was made exempt years ago it was noted that if a train comes through there would be flagmen at the crossings. Sandra Johnson, 5541 Falcon A venue and Philip Frederick, 5400 Falcon A venue spoke to the Council regarding the crossings at School Boulevard. Sandra Johnson stated she has witnessed many close calls with pedestrians nearly getting hit while they were crossing the intersection. Currently there is a painted stripe and some signs at the intersection but they would like to see something more done. They also noted the speed limit is 45 mph on part of School Boulevard and 35 mph on another segment. They would like to see a uniform speed limit of35 mph. Sandra Johnson stated that when cars are stopping for pedestrians in the crosswalk area other vehicles are passing the stopped cars on the right. Clint Herbst asked about moving the bumpouts to the intersections. Bruce Westby, City Engineer, said the mid-block crosswalk do not work well at the intersections and suggested that other options be looked at for the intersection crosswalks. Sandra Johnson asked that the intersection of Eider Lane and School Boulevard also be looked at. Clint Herbst asked ifthe traffic and congestion on School Boulevard is a result of normal growth or because of Chelsea Road being closed. Sandra Johnson stated they have resided in the area for 15 years and there has been a significant increase in traffic over that time period. Susie Wojchouski stated that in Iowa she saw communities where a temporary sign is brought out and secured with sandbags when school is in session and she wondered if that is something that could be considered. Wayne Mayer noted that is done in Buffalo but he suggested that the temporary sign be something that could be rolled in and out when used. 2 Council Minutes: 10/8/07 Wayne Mayer stated his concern that so many infractions are taking place on a major road. Bruce Westby commented that the School Boulevard corridor is complex in that you have congestion, the presence of the school, inexperienced drivers using the roadway at peak times and many other factors. He stated the mid-block crossing was chosen because people could focus more on the pedestrian that may be in the crosswalk. Sandra Johnson noted that there is parking on School Boulevard during school activities and games which obstructs the view of vehicles traveling on the road. Since there is adequate parking at the school she questioned why there is a need to have the vehicles parked on School Boulevard. Wayne Mayer said the City needs to work with the school on this and he hoped the school should get the word out that no parking is allowed on this street. Sandra Johnson also suggested more patrols to enforce the regulations. Philip Frederick stated that he brought this to the Council over a year ago but nothing has been done. He added that the pathway proposed between the two houses was hazardous because of the pond in the area. Philip Frederick said one proposal was to put the crosswalk at the comer and have a crossing light at the intersection for pedestrians. He also suggested a fence be installed along the area of the stormwater pond to protect individuals from going into the water. He felt all aspects of School Boulevard should be considered when looking at making improvements. Clint Herbst responded that the City gets many demands for improvements and the Council must prioritize these demands and budget for them so it may seem like the Council is doing nothing when in fact they are. Susie Wojchouski asked Mr. Frederick ifhe had addressed this issue with the school. Philip Frederick said he had and the school indicated that it was a city street and they didn't have any funds for improvement. 5. Consent Al!enda: A. Consideration of ratifying hires and departures. Recommendation: Ratify the hires and departures of employees as identified. B. Consideration of approving charitable gambling license application for Monticello Youth Hockey at Cornerstone Cafe. Recommendation: Adopt Resolution No. 2007-77 authorizing the State Gambling Control Board to issue the charitable gambling license to Monticello Youth Hockey Program to conduct gambling activities at Cornerstone Cafe and Catering Co. at 154 West Broadway. C. Consideration of approving a request for a conditional use permit for a comprehensive sign plan for a commercial/retail complex in the Central Community District. Applicant: Seluemed, LLC. Recommendation: Approve the request for a conditional use permit for a comprehensive sign plan as presented for Seluemed, LLC based on a finding that the proposed signage is within the allowed parameters of the ordinance and consistent with the conditions for approval. D. Consideration of appointment of Deputy Registrar 002 for City of Monticello. Recommendation: Appoint Finance Director, Tom Kelly as Deputy Registrar 002 subject to approval by the State. 3 Council Minutes: 10/8/07 E. Consideration of approving final plat for Monticello Business Center 5th Addition. Recommendation: Approve the final plat and development agreement for Monticello Business Center 5th Addition, based on a finding that it is consistent with the preliminary plat and the performance standards of the B-4 Regional Business District subject to the correction of plat signature information. F. Consideration of setting a workshop date in November for review of the City of Monticello Snow Plow/Removal Policy (focusing on pathways) and consideration of changes for the 20007/2008 season. Recommendation: Set a workshop to review the Monticello Snow PlowinglRemoval Policy with special focus on pathways and consideration of changes in the policy for the 2007/2008 season for 5 :30 p.m. on November 13, 2007. WAYNE MAYER MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #5C, #5D AND #5F. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent al!:enda for discussion. #5C Consideration of approving a request for a conditional use permit for a comprehensive sign plan for a commercial/retail complex in the Central Community District: Wayne Mayer said his reason for pulling this item was because the proposed sign was more than a reader board. He asked if this could be classified as a typical reader board. He felt this kind of display does not belong in Monticello and is not covered by the City's ordinance. Clint Herbst said because of the size it could be as a message board. He wondered if what is being presented is something that can be allowed by code. Is there justification tabling or denying the request because there is not a clear definition in the ordinance of video display. Wayne Mayer felt TH 25 was congested enough without people slowing down to read what is on the video sign. Wayne Mayer noted when the ordinance was written the technology proposed for use in the sign was not available and he questioned whether it should be allowed now since it is not specifically spelled out in the ordinance. He added that the multi-color display might create some problems. He felt a video and animation display board with multi-colors would be too distracting for motorists. Since this sign was not defined in the ordinance can it be considered as a prohibited sign. Clint Herbst suggested allowing the sign only ifit was one-colored. Wayne Mayer felt if this sign was approved then owners of other signs along TH 25 would want to change to multi-color. Wayne Mayer asked ifthis could be sent back to the Planning Commission. Brian Stumpf noted that everything relating to the sign is in compliance with the ordinance. It was suggested that since this is a conditional use permit, it could be approved with conditions such has just one color or a restriction on how fast the sign can flash, etc. There could also be a condition that with this sign in place no temporary signs would be allowed. Wayne Mayer said he had a problem with it fading in and out. Wayne Mayer felt the same thing could be accomplished with a single color board. Brian Stumpf felt that everything that has been presented is allowed by ordinance. BRIAN STUMPF MOVED TO APPROVE THE REQUEST FOR A CONDITIONAL USE PERMIT FOR A COMPREHENSIVE SIGN PLAN AS PRESENTED WITH CLARIFICATION THAT NO VIDEO SIGN WILL BE ALLOWED BASED ON A FINDING THAT THE PROPOSED SIGNAGE IS WITHIN THE ALLOWED PARAMETERS OF THE ORDINANCE AND CONSISTENT WITH THE CONDITIONS FOR APPROVAL. SUSIE WOJCHOUSKI 4 Council Minutes: 10/8/07 SECONDED THE MOTION. MOTION CARRIED WITH WAYNE MAYER VOTING IN OPPOSITION. #5D Consideration of appointing Tom Kelly as Monticello Deputy Registrar 002. It was requested that this item be tabled since the state requires the Deputy Registrar to be a resident of the County the office is located in and Tom Kelly is a resident of Hennepin County. TOM PERRAULT MOVED TO TABLE ACTION ON THE APPOINTMENT OF TOM KELLY AS MONTICELLO DEPUTY REGISTRAR 002 UNTIL THE NEXT MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5F Setting Workshop date in November for review of City of Monticello Snow Plow/Removal Policy. Brian Stumpf noted that he wanted to make sure that staff did not have any concerns with what was authorized in the past. John Simola and Tom Moores will be talking to the crews who work the routes and come up with recommended changes for the Council to consider. BRIAN STUMPF MOVED TO SET THE SPECIAL WORKSHOP MEETING ON NOVEMBER 13,2007 AT 5:30 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Consideration of ratification of union contract. Tom Perrault pointed out a discrepancy in the agenda item and the draft contract. The agenda item stated there was a minimum I % increase for the second year and the contract had 1.25%. A question was raised about the statement in Appendix #1 that new employees shall be paid 80% of the top rate for the first six months work which, based on the figures provided, would be less than hourly rate for 0-6 months. Council felt while these items did not change the provisions agreed to by the union, it was important to get them clarified. WAYNE MAYER MOVED TO TABLE ACTION ON THE RA TIFICA TION OF THE UNION CONTRACT UNTIL CLARIFICATION WAS MADE ON LANGUAGE IN APPENDIX #1. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Consideration of approvinl! an RFP for Enl!ineer Desil!n!Build services for the fiber optics network and authorize sendinl! out the RFP for bids. Jeff O'Neill stated the Council is asked to provide direction for implementation of the fiber optic system. As part of this project it is necessary to get firmed up costs and flesh out the details of the project for the proposed bond issued. The Council is being asked to consider moving forward with an RFP that will be sent to various engineering groups for design of the system. The estimated cost of this is $235,000. Jeff O'Neill stated they are not asking that funds be authorized at this point. He noted the RFP in the packet was a draft and there were some minor modifications proposed to be made. In addition some additional RFP's for the fiber to the home vendor, voice switch vendor and others needed to be prepared. This cost was estimated at $245,000. Brian Stumpf asked if they are looking at reserves to cover this $480,000 and if so how soon would these funds be expended and when would they be paid back. Gary Fick, Senior 5 Council Minutes: 10/8/07 Vice-President from Springsted stated the time frame for issuing the bond depended on a number of factors but it should take place no later than March of 2008. Brian Stumpf also asked for verification that the buyer of the bond is assuming all risk if for some reason the fiber optic venture is unable to pay off the bonded debt and that the taxpayers of Monticello would not be assuming any of that bonded debt. Gary Fick indicated that was the case. Tom Perrault asked what reserves were being used. Tom Kelly said they could use liquor fund reserves. The money would be loaned to the fiber optic project and repaid with interest when the bonds are issued. Brian Stumpf asked if there were sufficient reserves to cover the fiber optics expenditures and the proposed land acquisition for the Public Works facility. Tom Kelly indicated there would be sufficient reserves. Tom Perrault questioned on page 2 of the RFP in the list of bullet points, it stated that the fiber optic network would be in the street but no drops or equipment at customer sites. He was under the impression that the fiber optics would be brought to the home. Clint Herbst clarified that service would be brought to the home for those residences that subscribed. Tom Perrault also asked about possible litigation and if anything has been initiated at this time. He was informed at this point no legal action has been taken by existing providers. Brian Stumpf asked if the League of Minnesota Cities would cover the city ifthere was a lawsuit. Wayne Mayer said the Council needs to be aware that the City has probably not heard the last form incumbent providers. Brian Stumpf stated fiber optics has taken its toll on TDS employees themselves. He didn't think the general public should be lashing out at the employees. WAYNE MAYER MOVED TO APPROVE THE RFP FOR ENGINEERING DESIGN/BID/BUILD SERVICES FOR THE FIBER OPTICS NETWORK, AUTHORIZE DISTRIBUTION OF THE RFP AND APPROVE AUTHORIZATION TO USE RESERVES TO COVER DESIGN COSTS WITH THE CITY TO BE REIMBURSED WITH INTEREST FROM THE BOND PROCEEDS WITH THE INTEREST RATE BEING WHATEVERTHE CURRENT RATE IS. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of appointinl!: Council representative to sit in on interviews of applicants respondinl!: to City's RFP for audit services Brian Stumpf stated that when the auditor had come to Council to review the 2006 audit, he had asked the auditor to specifically address how the state aid to the firemen's relief association was handled. He asked them why it was shown as a city contribution and not as a payment from the state. He stated that the auditor never responded back on that question. Tom Kelly indicated that would be handled differently this year. Susie Wojchouski asked who narrowed the six firms down to three. Tom Kelly indicated Finance Department staff did the screening. Brian Stumpf indicated he would be willing to serve and asked that the interviews be set for October 16th as late in the afternoon as possible. TOM PERRAULT MOVED TO APPOINT BRIAN STUMPF AND SUSIE WOJCHOUSKI, AS ALTERNATE, TO SERVE ON THE AUDIT REVIEW TEAM. SUSIE WOJCHOUSKl SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6 Council Minutes: 10/8/07 Added Items: Marvin Road: Brian Stumpf questioned what had been done recently on the road to correct the drainage problems in the area. Bruce Westby said the road had been graded but he was not aware that anything was done in the ditch area. There was some discussion if Marvin Road was still necessary. John Simola noted the city owned land in that area. Bret Weiss added that the city land could possibly be used to combine with other land in the area for a redevelopment project. Fal/on Avenue Pathway: Tom Perrault asked the status of this project and was informed the bid results would be coming to the Council at the next meeting and if approved construction would be done yet this year. Speed Limit on Fenning Avenue: Wayne Mayer noted that the speed limit on Fenning Avenue was 45 mph and it is now posted at 30 mph. He asked if that was a realistic speed and who had authorized the change in the speed limit. Bruce Westby stated the township had it posted at 45 mph without having a speed study done and the City had it changed to 30 mph without a speed study. To enforce the speed limit it would require a speed study. Bruce Westby said the speed study would not cost the city anything but they would need to formally request the study. Susie Wojchouski thought the concern with 45 mph limit would be whether vehicles could make the stop sign at the bottom ofthe hill at Fenning and School Boulevard. WAYNE MAYER MOVED TO AUTHORIZE REQUESTING MN/DOT TO CONDUCT THE SPEED STUDY. SUSIE WOJCHOUSKl SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of approvinl! payment of bills for October. 2007. Wayne Mayer asked John Simola to have someone from the Parks Department contact him regarding the tree purchase. WAYNE MAYER MOVED TO APPROVE PAYMENT OF THE BILLS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Adiourn. At 9:44 the Council went into closed session to discuss possible purchase offers relating to the property identified earlier in the meeting. The closed session adjourned at 10: 15 p.m. \)~ ~~s~~ Recording Secretary 7