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City Council Minutes 04-13-2009Council Minutes: April 13, 2009 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday April 13, 2009 - 7 p.m. Members Present: Clint Herbst, Tom Perrault, Glen Posusta, 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. 2. Approve minutes of March 23, 2009 Regular Meeting. Susie Wojchouski noted in the portion of the minutes dealing with citizen input and Al Nystrom's request to be allowed to use a four wheeler on city streets, the Council had asked Mr. Nystrom if he had a driver's license and had completed driver training courses. Tom Perrault made a correction on Page 10 that Lynn Dahl Fleming and not Wayne Elam is the IEDC chair. SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE MARCH 23, 2009 REGULAR MEETING WITH THE CORRECTIONS NOTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Economic Development Director, Megan Barnett explained that federal guidelines require that the City adopt an ADA (Americans with Disabilities Act) policy in order to distribute the Neighborhood Stabilization grant. She asked that the Council place approval the ADA policy on the consent agenda. Clint Herbst added discussion of settlement in areas where fiber optics has been installed. SUSIE WOJCHOUSKI MOVED TO PLACE ADOPTION OF THE ADA (AMERICANS WITH DISABILITIES ACT) POLICY ON THE CONSENT AGENDA AS ITEM #SL. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4. Citizen comments, petitions, requests and concerns. a. Proclamation on Children's Mental Health Awareness Day and Children's Mental Health Awareness Week. SUSIE WOJCHOUSKI MOVED TO APPROVE THE PROCLAMATION DESIGNATING THURSDAY, MAY 7, 2009 AS NATIONAL CHILDREN'S MENTAL HEALTH AWARENESS DAY. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Council Minutes: April 13, 2009 No one else spoke under the citizens comments portion of the meeting. 5. Consent Agenda: A. Consideration of ratifying hires and departures MCC and DMV. Recommendation: Ratify the hires/departures of the employees as identified. B. Consideration of approval of annual liquor licenses renewals. Recommendation: Move to approve the license renewals effective July 1, 2009 contingent upon applicants providing the appropriate certificate of insurance and payment of license fees and to approve the discounted off-sale beer license for Monticello Liquors, Inc. C. Consideration of approving the contribution of $250 from Tom Perrault to the general fund. Recommendation: Approve the contribution and authorize the use of funds as specified. Resolution No. 2009-15. D. Consideration of maintaining Human Resources position working hours at 30 per week. Recommendation: Move to authorize the Human Resources position to work 30 hours per week. The authorization is on-going unless Council or staff has a need to re-evaluate the hours in the future. E. Consideration of a request for extension of a conditional use permit for an amendment to a Planned Unit Development for a retail commercial development at Monticello Travel Center 2°d Addition. Applicant: Dan Mielke. Recommendation: Move to extend the June 11, 2007 Conditional Use Permit for an amendment to the Planned Unit Development for a retail commercial development at Monticello Travel Center 2°d Addition to June 11, 2010 with the condition that all previously approved conditions be assigned to the extension. F. Consideration of approving contribution of $2,000 from the Friends of the Library for the Parks Department. Recommendation: Approve the contribution and authorize use of funds as specified. Resolution No. 2009-16. G. Consideration of approving a resolution authorizing support for LCCMR grant application for 2010 relating to the Bertram Chain of Lakes Park. Recommendation: Adopt Resolution No. 2009-17 supporting a joint request by the City of Monticello and Wright County for LCCMR appropriations from the Environmental and Natural Resources Trust Fund to support acquisition of the Bertram Chain of Lakes property. H. Consideration of upgrading the sidewalk to a service entrance driveway for the head end building, City Project No. 2006-32C. Recommendation: Approve the upgrade from a sidewalk to a service driveway and to award the bid to KC Companies/Omann Bros. Paving the in the amount of $5,268.01 minus the deduct for the sidewalk of $1,428.00 for a total of $3,840.01. I. Consideration of approving the contribution of $1,000 from Xcel Energy for Bertram Chain of Lakes Activities Day, June 13, 2009. Recommendation: 2 Council Minutes: April 13, 2009 Approve the contribution and utilize the funds as specified. Resolution No. 2009- 18. J. Consideration of approving appointees to the Bertram Chain of Lakes Advisory Council. Recommendation: Move to approve the representative structure of the Bertram Chain of Lakes Advisory Council. K. Consideration of establishing cash box for ballfield concessions. Recommendation: Approve the establishment of a change fund for MCC for the operation of the concessions at the ballfields. L. Consideration of adoption of ADA (Americans with Disabilities Act) Policy. Recommendation: Adopt the proposed ADA policy as presented. Clint Herbst noted that the City had received contributions from Tom Perrault in the amount of $250; from the Friends of the Library in the amount of $2,000 and from Xcel Energy in the amount of $1,000. Glen Posusta asked to move agenda item #10 to the consent agenda but Tom Perrault stated he had questions on that item. GLEN POSUSTA MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #SD AND #SG. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY 6. Consideration of items removed from the consent agenda for discussion. #SD: Consideration of maintaining Human Resources position working hours at 30 per week: Tom Perrault asked if the 30 hours a week was indefinitely or if it was for a specific time period. He would like to see the position get back to 25 hours a week. Tracy Ergen, Human Resources Manager, stated when she was hired she started at 25 hours and a month later it was moved up to 30 hours a week. She questioned whether 25 hours was feasible to handle the work load. It was noted that this position is exempt in that Tracy Ergen is not paid for anything over 40 hours. Tracy Ergen questioned how long they would keep extending her hours. Clint Herbst indicated that in the Personnel Committee meeting discussion they talked about 25 hours being the bare minimum for this position. Tracy Ergen felt 30 hours a week was working out well now but indicated in October when the insurance renewals come up it would be tight. Susie Wojchouski suggested setting the hours at 30 now and in September when it gets busier increase it to 35. BRIAN STUMPF MOVED TO AUTHORIZE THE HUMAN RESOURCES POSITION TO WORK 30 HOURS PER WEEK WITH THE STIPULATION THAT THIS TOPIC WILL BE REVISITED AT THE FIRST MEETING IN SEPTEMBER. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #SG Resolution supporting a request for LCCMR appropriations from the Environmental and Natural Resources Trust Fund: Tom Perrault indicated that staff had told the Council that the LCCMR was not going to be involved in any further in the funding for the Bertram 3 Council Minutes: April 13, 2009 Chain of Lakes project since the Clean Water Act amendment had been passed. Staff clarified that in 2009 the LCCMR was not funding anything because of the passage of the Clean Water amendment. However funding under the amendment still has not been determined by the legislature. The City will be applying to the LCCMR in 2010 for funds to supplement future acquisitions. GLEN POSUSTA MOVED TO ADOPT RESOLUTION 2009-17 SUPPORTING A JOINT REQUEST BY THE CITY OF MONTICELLO AND WRIGHT COUNTY FOR LCCMR APPROPRIATIONS FROM THE ENVIRONMENTAL AND NATURAL RESOURCES TRUST FUND TO SUPPORT ACQUISITION OF THE BERTRAM CHAIN OF LAKES PROPERTY. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. 10. Consideration of citizen appointments to the Fiber Optic Advisory Committee. This item was moved up because a number of the committee appointees were present in the audience. Tom Perrault asked who would be responsible for bringing the committee members up to speed on what has transpired with fiber optics thus far. Jeff O'Neill responded that he and Don Patten would take on that responsibility. Tom Perrault also asked when the committee would start meeting. Jeff O'Neill indicated the committee would be meeting on a monthly basis. He said the committee would focus on issues relating to policy as well issues on the day to day operation of the system. Tom Perrault asked if the Fiber Optic Advisory Committee meetings were opened to the public and was informed that they would be. Tom Perrault also asked if the appointment of Wayne Mayer to the committee would be as anon-voting member. Staff indicated that although the appointment would be as anon-voting member, Wayne Mayer provides a valuable source of technical information on fiber optics. GLEN POSUSTA MOVED TO APPOINT JON MORPHEW, ROXANNE BAKULA AND WAYNE NEHRENZ TO THE FIBERNET MONTICELLO ADVISORY BOARD AND TO INCLUDE WAYNE MAYER AS ANON-VOTING MEMBER AND TO INCLUDE CLINT HERBST AND GLEN POSUSTA AS THE CITY COUNCIL REPRESENTATIVES TO THE BOARD. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Department Head Report -Randall Johnsen, Liquor Store Manager. Randall Johnsen, manager of Hi-Way Liquors introduced himself and gave a brief summary of his work experience at Byerly's and Haskell and also provided a little personal background. He then went on to review the sales and profits from first quarter of 2008 to first quarter of 2009 noting that sales and profits had increased in wine sales, beer sales and liquor sales. Randall Johnsen explained some of the changes that had taken place in the liquor store in the approximate six months that he has served as manager. Some of the changes include reorganization of the backroom and other areas so that there is less clutter and more of an appearance of openness. There were also changes in merchandising including introduction of new items and closeout of slow moving items. The store has also set up an e-mail list for notifying customers of specials and other things happening at the liquor store. A website for the liquor store has been set up. They have scheduled regular in store tastings, established beer 4 Council Minutes: April 13, 2009 specials and prepared flyers listing specials being offered. Beginning May 1, 2009 Hi-Way Liquors will no longer accept checks and they are in the process of making customers aware of this change. As a convenience to the customer an ATM machine has been added which provides customers with another option for payment. In addition the liquor store makes $.35 on each ATM transaction. The ATM would also serve as a back up for the customer when the credit card system goes off-line. Randall Johnsen discussed the recent wine tasting event, plans for the fall wine tasting and the possibility of an Oktoberfest celebration. He indicated that staff has embraced the changes made in the liquor store operations and the customers have seemed pleased as well. Tom Perrault asked what the inventory turnover rate was. Randell Johnsen responded it was about 6 '/2 times a year which is about the average for the industry. He was also asked about the breakdown of sales. Hi-Way Liquors has about 15% wine sales, 60% beer sales and 20%- 25%liquor sales. Randall Johnsen said he would like to see wine sales make up 20%-30% of their overall sales and stated that have brought in some upper end wines. The Council complimented the management and staff at the liquor store for their work. 8. Consideration of appointment of two Council members to serve on the ad hoc committee to review the RFPs for the Zoning Ordinance Update. RFP's for the update to the City's zoning ordinance had been sent out and the City received ten proposals back. Staff would like to proceed with the review of the proposals and try to narrow it down to three firms that would then be interviewed. It is proposed to establish an ad hoc committee consisting of the City Administrator, Community Development Director, Economic Development Director, Deputy City Clerk. two representatives from the Council with one being the Council liaison to the Planning Commission and the full Planning Commission. Brian Stumpf suggested they might have a hard time getting that many people together for the review process. It is proposed that the committee would meet on Tuesday May 5, 2009 from 4:00 p.m. to 6:00 p.m. to review the proposals and narrow the list down. Susie Wojchouski as Council liaison to the Planning Commission stated she would not be in town for the May St" meeting. Tom Perrault said he would fill in for Susie Wojchouski and Clint Herbst indicated he would fill the other position. BRIAN STUMPF MOVED TO APPOINT CLINT HERBST AND TOM PERRAULT TO SERVE AS COUNCIL REPRESENTATIVES TO THE AD HOC SELECTION COMMITTEE FOR REVIEW OF THE MONTICELLO ZONING ORDINANCE REVISION PROPOSALS. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Review progress on DMV remodeling and consider authorizing installation of expanded service counter. Tom Kelly, Finance Director indicated that the Public Works Department has pretty much completed the work at the DMV. The cost to date including the Public Works staff time is just a little over $10,000. Tom Kelly reviewed the work that has been completed thus far and noted that the City had received a letter from Brian Hammill who is a board member of the Monticello Christian Social Services thanking the City for improvements made to their area of the building. It was noted that the Council had authorized a not to exceed price of $10,000 for Council Minutes: April 13, 2009 the work. At this time they are about $100 over that prices and still need to get the flooring and counter work completed. The City has gotten quotes for the flooring work with the low quote being $3,000. The counter work is a significant number with the lowest bid being $7,000 and ranging all the way to $15,125. Tom Kelly thanked the Public Works staff for the tremendous work they did on the remodel job and this sentiment was echoed by the Council. Brian Stumpf stated he didn't feel the Public Works time should be included in the $10,000 price. Clint Herbst agreed stating that while it may be good to track the number of hours worked by staff it should not be included in the price. Tom Kelly also noted that they didn't anticipate some of the work done in the food shelf/clothing area and that this required moving of electrical equipment such as the electrical boxes. A pull down ladder was purchased to allow the food shelf area to use some available space for storage. Ann Johnson, Deputy Registrar Manager, said they were surprised at the prices on the five quotes they obtained for the counter work. The current counter at the DMV office was obtained from Marquette Bank. Most of the bids that were submitted would remove the old counter and build a new counter. One bid that would utilize the existing counter and build onto it was almost the same in price as building new. Clint Herbst asked if they would wait with laying the carpet until the counter was finished. Staff indicated they would only do that portion of the carpeting not impacted by the counter work at this time and when the counter was finished then complete the carpeting work. Glen Posusta said it would cost more to match the existing counter than starting out with something new. Ann Johnson explained the need for additional counter area is because they need two additional service windows and a handicap area. They also have it designed so that access to the license area is restricted. The bid of $15,125 would be for a new counter done in oak. Brian Stumpf asked why the DMV was not comfortable with the $7,000 bid. Ann Johnson said the vendor is a one person operation and it would take three months to complete the work. In addition he would need the assistance of the Public Works staff to move in the new counter and turn the existing counter. Ann Johnson said this would require several days and would disrupt operations of the DMV and may necessitate closing it for a time. Tom Kelly said he has talked to the Public Works Director if the Public Works staff who worked on the remodeling could build the counter. Although this is the busy time for the Public Works staff it was suggested that the work could be done after hours or on the weekend. Tom Kelly had estimated it would take four Public Works staff 16 hours (or approximately $2,260 in labor costs) and the City would buy the materials. Clint Herbst asked if the Public Works staff at looked at this project. Bob Paschke, Public Works Director, indicated he would like to bring the guys over to look at it and see what could be done. Ann Johnson said they had gotten separate quotes for the carpet in the lobby area and the carpeting in the conference room and managers office. It would be about $600 for the carpeting in the conference room/managers office and $2,450 for the lobby area. Clint Herbst wanted to go ahead with the conference room and office and leave the lobby until a counter decision has been made. There was some discussion on whether the carpet gets done first or the counter. Brian Stumpf asked about Public Works staff building a new counter or adding to what is there. Brian Stumpf expressed concern that they could end up with something piecemeal. The existing counter is formica and maple and is movable with individual work stations. Susie Wojchouski asked if Ann Johnson had checked with some of the banks. Ann Johnson indicated that he had met with a liquidator of office furniture but he didn't have any counters at this time. The Council had differences of opinion as to whether they should hold off on carpeting the entire area or just do the conference room/office manager office at this 6 Council Minutes: April 13, 2009 time. Brian Stumpf said he was concerned that only a portion of the work will get done and the rest will be put on a back burner. Susie Wojchouski said she would check with a couple of contacts that she has about counters. Tom Kelly said staff is asking Council to approve the carpet quote and continue to work to find a resolution for the counter. Ann Johnson clarified that the structure is more than counter. It is a teller station. Glen Posusta felt it might be going beyond the call of duty to have the Public Works staff do the counter work as well. GLEN POSUSTA MOVED TO APPROVE THE CARPET QUOTE OF MONTICELLO CARPETS FOR $3,250 AND TO APPROVE ADDITIONAL FUNDING FOR THE DMV EXPANSION NOT TO EXCEED $12,000. BRIAN STUMPF SECONDED THE MOTION WITH DISCUSSION QUESTIONING WHAT THE MOTION WOULD ACCOMPLISH SINCE THE BID FOR A NEW COUNTER WAS $15,125. MOTION CARRIED UNANIMOUSLY. 10. Consideration of citizen appointments to the Fiber Optic Advisory Committee. Moved up on the agenda. Other Items: Clint Herbst asked the Public Works Director about the sink holes and settlement that is taking place in areas where cable has been installed. Bob Paschke indicated they met with TDS and they are aware of this. With the frost going out the ground is now settling. 11. Approve payment of bills for April. Tom Perrault asked about the bill of $650 for a chair from Parameters. It was noted that this was for Don Patten who works with the fiber optic system. Jeff O'Neill said this typical of the caliber of other furniture purchased for city hall. However he will check into this further. Clint Herbst questioned the payment to Bolton Menk asking whether it covered the work to update the WWTP plan to get on the priority listing for stimulus funding. Staff indicated that it was for the long term WWTP plan which was approved in August. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Glen Posusta asked whether the service drive approved as SH should be going forward at this time. He thought they should wait a couple of months to see how things work out. Bob Paschke said the sidewalk would have to be put in as far as completing the contract. The contractor has to put the sidewalk in on the north side in order to get the certificate of occupancy for the building. Even if the City does not occupy the head end building and someone else ends up occupying it the work has to be done. Bob Paschke said the bid price is good for 60 days. The service drive was suggested by Don Patten because their equipment has to be brought in and right now they have to walk through dirt which gets tracked into the building. Staff indicated the building will be ready to go soon. Clint Herbst felt there was no reason to push off what needs to be done. Glen Posusta asked if curb and gutter would be 7 Council Minutes: April 13, 2009 going in as well and staff indicated there was no curb and gutter. 12. Adiourn At this time the Council entered into a closed session to discuss the status and topics relating to the TDS lawsuit. The closed session was adjourned at 9:00 p.m. Recording Secretary ~ 8