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City Council Minutes 09-08-2008Council Minutes: September 8, 2008 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday September 8, 2008 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski. Members Absent: None 1. Call to Order and Pledge of Allegiance 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 August 25, 2008 Special Meeting. SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE AUGUST 25, 2008 SPECIAL MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0. 2B. Approve minutes of August 25, 2008 Budget Workshop. WAYNE MAYER MOVED TO APPROVE THE MINUTES OF THE AUGUST 25, 2008 BUDGET WORKSHOP. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 2C. Approve minutes of August 25, 2008 Regular Meeting. Wayne Mayer noted a correction in the last sentence under item #12 stating it was Wayne Mayer and not Tom Perrault who said the change in the cost for the DMV vehicle should have come back to the Council for approval. Tom Perrault noted on the last paragraph under #10 that it should be time constraints not constructions. SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE AUGUST 25, 2008 REGULAR MEETING WITH THE CORRECTIONS NOTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0. 3. Consideration of adding items to the agenda. The following items were added to the agenda: 1) Update on animal control; 2) Townhouse development; 3) Conditional use permit for a downtown business; 4) Interview process for liquor store manager; 5) Purchase of used vehicle for Council Minutes: September 8, 2008 seasonal utility locator position; 6) School Boulevard; 7) Patriot's Day Observance; 8) Street lights; 9) Update on Sunset Ponds Park and 10) Fence issue with the bank. 4. Citizen comments, petitions, requests and concerns. No one spoke under citizen comments. 5. Consent Agenda: A. Consideration of ratifying hires and departures MCC, Liquor and Parks. Recommendation: Approve the hires and departures as identified. B. Consideration of approving contribution from Land of Lakes Choirboys. Recommendation: Adopt Resolution No. 2008-72 accepting the contribution. C. Consideration of increasing hours for Human Resources Manager position. Recommendation: Approve an increase in hours for the Human Resources Manager position from 25 hours a week to 30 hours a week effective immediately. D. Consideration of adoption of the 2008 Official Zoning Map. Recommendation: Move to approve the 2008 City of Monticello Zoning Map. Wayne Mayer commented on Item #SB noting that the Land of Lakes Choirboys have made numerous contributions to the City and have submitted all the financial documentation for their charitable gambling activities in a timely manner. Tom Perrault pulled items #SC and #SD from the consent agenda. SUSIE WOJCHOUSKI MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #SC AND #SD. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 6. Consideration of items removed from the consent agenda for discussion. #SC Consideration of increasing hours for Human Resources Manager: Jeff O'Neill said looking at the amount of work for this position it would make sense to add the additional hours so the individual can get up to speed. This would not be a permanent change unless that is something the Council wants to consider. The City would go back to 25 hours at some point in the future. Jeff O'Neill said the cost impact would be $6,700 through 2008 and these funds had been budgeted for the 2008 budget. Tom Perrault said if this goes forward he would like to have a time limit placed on it and at the end of the designated period, the matter should come back to the Council for re-evaluation. 2 Council Minutes: September 8, 2008 Wayne Mayer noted that the benefits make up a good portion of payroll expense and asked how adding the five hours a week impacts the benefit portion. Tom Kelly said since an employee gets half benefit at 25 hours the individual would not be getting any more benefits than she currently receives. Susie Wojchouski asked if there was flexibility in that if one week she has to work 40 hours, the next week she would work 20 hours. Tom Kelly indicated that is how it is done with their finance positions. Jeff O'Neill added that family constraints keeps the individual from working 40 hour weeks. Clint Herbst said it should be explained to the individual that she is expected to stay within that 30 hours. TOM PERRAULT MOVED TO APPROVE AN INCREASE IN HOURS FOR THE HUMAN RESOURCES POSITION FROM 25 HOURS A WEEK TO 30 HOURS A WEEK GOING THROUGH THE PAY PERIOD WITH THE TIME CARDS BEING TURNED IN ON DECEMBER 8, 2008 AND TO HAVE THE COUNCIL RE- EVALUATE THE NUMBER OF HOURS AT THAT TIME. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 #SE Approve 2008 City of Monticello Zoning Map: Tom Perrault questioned the zoning on the north portion of the Hidden Forest Development as he thought it was R-1. The Community Development Director indicated the rezoning follows the final plat which in this case was R1-A. Since the plats have not been recorded, the plats are invalid however the zoning carries through. He also questioned the school district property being in an R-1 district rather than the Public/Semi-Public district. Jeff O'Neill stated that prior to the Public/Semi-Public district being established this kind of use was an allowable use in an R-1 district. Clint Herbst felt the updating of the zoning map was something that should be done on a regular basis. TOM PERRAULT MOVED TO APPROVE THE 2008 CITY OF MONTICELLO ZONING MAP. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0. 7. Consideration of auproving ureliminary 2009 Budget and Tax Lew. Clint Herbst stated that the preliminary budget and tax levy had been discussed in workshop held prior to this meeting. Tom Perrault said it was his intent to have a tax levy that did not result in a tax increase for the residents. However since the County does not have the tax capacity information available at this time it is unknown if the proposed tax levy will increase taxes. Clint Herbst stated this is the preliminary budget and levy and that a final budget and tax levy for 2009 would be approved by the City Council at their December meeting. He added that in the past reserves were used to help the City fund their operations. The proposed budget would only use about $80,000 of reserves. Once the preliminary levy has been set it cannot be increased but the final levy could be lowered. Even though the City increased their levy by $150,000 over 2008 the City is only 3 Council Minutes: September 8, 2008 looking at using $82,000 in reserves compared to using $900,000 in reserves in 2008. Susie Wojchouski questioned the levy amount as she thought the Council agreed at the workshop on a levy of $7,832,000. Tom Kelly said the tax rate under the proposed levy would be 47.87 as compared to 46.94 which is the current rate. That would be an $18 increase in taxes from 2008 but would be less than what the resident paid in 2006. This is going on the assumption that the property value had not increased. Clint Herbst noted the City is experiencing lower residential growth and expenses such as fuel are increasing so to come up with only a moderate increase was good effort by the City. Brian Stumpf was concerned about the levy number. He didn't want to see the City get backed into a corner where all the City reserves will be used up. For that reason he will be voting against the proposed levy. WAYNE MAYER MOVED TO ADOPT THE 2009 PRELIMINARY PROPERTY TAX LEVY OF $7,750,000. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. 4-1 8. Consideration of Truth-In-Taxation Hearing Date. Because the City's levy increase is less than 6.1943% the City is not required to hold a Truth-In-Taxation hearing. If the City does not hold aTruth-In-Taxation hearing, the proposed 2009 budget and levy would be presented to the Council at their December 8, 2008 meeting. Tom Kelly noted that there would be some cost savings as far a staff time and publications costs by not having the Truth-In-Taxation hearing. Also in the past the City has not had much attendance at these hearing. SUSIE WOJCHOUSKI MOVED TO NOT HOLD ATRUTH-IN-TAXATION HEARING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 9. Update on preliminary costs for interchange at County Road 39. At a previous meeting the Council looked at three options for an interchange at the location of County Road 39/I-94. The Council directed staff to get information on a full diamond interchange. Bruce Westby, City Engineer, stated at the request of the City Administrator they also looked at a single point urban interchange. Bruce Westby then reviewed each option. Option #4 would construct athree-quarter diamond interchange which would utilize the existing bridge but the bridge would need to be widened. Option #5 would be a full diamond interchange which utilizes the bridge but here too the bridge would have to be widened by 12 feet. The construction cost for both Option #4 and Option #5 is $5,500,000. Bruce Westby clarified that this was construction cost only and did not include right-of--way acquisition or indirect costs. 4 Council Minutes: September 8, 2008 Clint Herbst asked about what appeared on the illustration to be a pond in the ramp area. He felt it would defeat the purpose of putting in a interchange to open land up for development and then have the land being taken up for storm water ponding and right- of-way. Clint Herbst felt at this point the City needs to get concept approval from MnDOT and analyze how to split the cost among adjacent properties. Brian Stumpf felt with Option #4 the south side of the ramp as chewing up too much open property in the area. On Option #5 he asked if the westbound ramp would be in MnDOT right- of-way. The City owns property here so if the ramp does go beyond MnDOT right-of- way it would encroach onto City property. Brian Stumpf felt Option #5 would be the most feasible of the options. The single point urban interchange would be $12,000,000-$14,000,000 since the City could not utilize the existing bridge and construction would require retaining walls. If right-of--way impacts are a concern to the Council, Option #5 would limit right-of--way impacts. Bret Weiss, consulting engineer, said on Option #5 there would be more right-of--way required in the area in yellow because you have the sloping to work with. Jeff O'Neill asked about moving the single point to the other side. Bret Weiss said the design person at their firm said it would be difficult to do. Bret Weiss said if the City does an interchange in this location, he felt it would be unlikely that MnDOT would allow another permanent interchange location. Brian Stumpf stated his concern with the Orchard Road location for the interchange is that because of Xcel's proximity to the interchange, they may object to it. Bruce Westby said in discussion with Terry Humphries of MnDOT, he had indicated that MnDOT may not be opposed to a second interchange. Brian Stumpf said he drives TH 25 and wondered when they were going to start reconstruction on TH 25 between the freeway and River Street. Bruce Westby said a mill and overlay project for that area is a couple of years out. Susie Wojchouski stated the City has not gotten the Transportation Plan completed and questioned why are they doing the interchange analysis before the Transportation Plan and other related studies are done. She wondered what the City's rush was. Clint Herbst said he is just trying to get something moving in this area. They are looking for a consensus of the Council about what to do in this area. Clint Herbst noted the problems with the previous interchange and the limited property that was available to be assessed for the interchange. The question is does the City want to proceed with an interchange and will MnDOT allow it. Bret Weiss said this was a site that they had looked at as well for a possible interchange location. Bruce Westby said he had talked with the County and found that the CSAH 39 bridge was not a county bridge. Any bridge that crosses the freeway is a state bridge. He is waiting to hear back from MnDOT as to their plans for the bridge. Clint Herbst asked since it is a MnDOT bridge would MnDOT be contributing something towards it if the interchange goes through. While MnDOT may contribute towards replacement of the bridge they would not contribute for the widening of the bridge. Clint Herbst felt the diamond would be the best option and would have the least impact on adjacent property. 5 Council Minutes: September 8, 2008 Added Items: Animal Control: Brian Stumpf reported that he had talked with Patty Salzwedel's assistant to see whether any meetings had been scheduled. He is waiting to hear back. Townhome Developments: Brian Stumpf noted the Council discussed the lack of uniformity in the roofing and siding work being done on the townhome units. The Council could consider an ordinance amendment that would require the townhome developments to maintain uniformity and consistency in their appearance. He felt the Council should look at what needs to be done to get the townhome to adhere to standards within their development Clint Herbst felt when a development is approved the City needs to make sure there is a homeowners association in place that will mandate that the work is uniform. Brian Stumpf suggested that staff check this out and come back to the Council with an ordinance amendment or any other appropriate means of controlling this. Conditional Use Permit -Downtown Business: Brian Stumpf noted a downtown business had one or two unlicensed vehicles on the premises and unmowed grass. Gary Anderson will check on what needs to be done. Brian Stumpf indicated a neighboring community had done a "cleanup" of their non-complying conditional use permits. He felt the City of Monticello should look at doing that as well. Interviewing for Liquor Store Manager: Jeff O'Neill asked how the Council wanted to handle the interview process for the liquor store manager. The City has received over 60 applications for the position To what extent did the City Council want to participate in the interview process. Staff will screen the candidates and the Personnel Committee will review the list with the Council to interview the final applicants. Clint Herbst felt that they should get the list down to 3-4 candidates for interviewing. Staff will set a date for the interviews and those Council members who can attend should do so. Purchase of Used Vehicle for Seasonal Utility Locator: When hiring the seasonal utility locator the staff had initially considered a short term lease of a vehicle but a short term lease is no longer offered by the dealers. When the individual was hired the City suggested that he use his own vehicle and the City would reimburse him for the mileage. He has since changed his mind about using his own vehicle. Bruce Westby said he has investigated some used vehicles that run between $2,500 and $4,400. It is proposed that half of the cost would be picked up by TDS for right-of--way management and the City will pick up the remaining cost for the fiber optic project. When the construction is completed the City will have to decide what to do with the vehicle. Bruce Westby located five vehicles with models ranging from 1994-2001 and having about 90,000 in mileage. Brian Stumpf asked what the seasonal park workers drove during the summer and wondered if there was enough vehicles at Public Works where the individual could use a vehicle even if it wasn't the same vehicle every day. Clint Herbst said he didn't like the fact that the individual agreed to use his vehicle but is now changing his mind. Bret Weiss said his firm had some vehicles that were used for a bridge project his firm was working on and perhaps 6 Council Minutes: September 8, 2008 the City could do a short term lease of on one of those vehicles. Staff will work out terms of the rental for the vehicle. School Boulevard: Tom Perrault heard from residents thanking the City for putting the information out on School Boulevard that it is the state law to stop for pedestrians in the crosswalk although resident still had concerns about the speed of traffic on the road and vehicles stopping for pedestrians. Patriot's Day Observation: Tom Perrault stated there will be a ceremony at the flagpole at the MCC center at 11 a.m. on September 11, 2008 in observance of Patriot's Day. Street Lights: Tom Perrault asked about street lights that the City no longer needs. He suggested removing them to save operating costs. He listed specifically the lights along Broadway since there are now lights in the median. Jeff O'Neill said he will meet with Bruce Westby, John Simola and Tom Moores to see which ones could be removed. This information will come back to the Council as an update. Sunset Ponds Park Activity: Wayne Mayer stated that there is questionable after hours activity at Sunset Ponds Park and felt this was something that should come up at the next Police Commission meeting. Tom Perrault as liaison, will see that this brought up at a future meeting. Fence Issue on Conditional Use Permit: Wayne Mayer asked why the fence which was one of the conditions of approval for the conditional use permit for the bank had not been taken care of. The Community Development Director indicated that the conditional use permit and preliminary plat that provided for the screening did not go forward. Wayne Mayer asked about good faith language in that the applicant stated in the presence of the Council that he would work with the property owner on providing a fence for screening. T'he Community Development Director said the condition was specifically related to the conditional use permit and preliminary plat which did not proceed. The applicant has said he is looking at possibly reconfiguring the plat. Because the plat has not gone forward there is no way of enforcing the provisions. Wayne Mayer said this is something that should be looked at when a conditional use permit or planned unit development comes forward. Staff felt the bank would be open to discussion of this issue in an attempt to resolve it. Jeff O'Neill said they would make contact with the applicant. 10. Consideration of approving payment of bills for September, 2008. Tom Perrault had a question on the towing bill. The bill covered vehicles that were towed from the City Hall parking lot when the parking lot was being resurfaced. The new DMV vehicle and a National Guard vehicle were towed as well as two other two vehicles. Brian Stumpf asked about a bill in the amount of $178 from B&D Plumbing for clearing a stoppage at the liquor store. He questioned why a local vendor wasn't used. 7 Council Minutes: September 8, 2008 BRIAN STUMPF MOVED TO APPROVE THE BILLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 11. Adjourn TOM PERRALJLT MOVED TO ADJOURN AT 8:15 P.M. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 Recording Secretary 8