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City Council Minutes 11-23-2009MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, November 23, 2009 — 7 p.m. Members Present: Clint Herbst, Tom Perrault, Glen Posusta, Brian Stumpf, 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 recited. 2A. Approval of Minutes - November 9, 2009 Regular Meeting GLEN POSUSTA MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 9, 2009 REGULAR MEETING. TOM PERRAULT SECONDED THE MOTION. 3. Consideration of adding items to the agenda The following items were added to the regular agenda: a) School Boulevard lighting and b) Fallon Avenue project, 4. Citizen comments public service announcements and Council updates a. Citizen Comments: none b. Public Service Announcements: 1) Home for the Holidays — Dec 4: Angela Schumann summarized activities to be held including Santa parade, horse drawn carriage rides, visits with Santa, hot cocoa and cider, the story of St Nicholas, and Land of Lakes Choirboys. The activities will be held at West Bridge Park from 6:15 to 8:30 p.m. Tom Perrault commented on the nice job the Lions have done on decorating the park for Christmas. 2) MCC Pictures with Santa — Dec 5: Kitty Baltos noted that Santa will be at the Community Center Bridge Room from 9:30 to 11:30 a.m. for pictures. You can bring your own camera or purchase a picture and frame. 3) Skate with Santa — Dec 12 : Kitty Baltos explained that there is a special time to skate with Santa from 12 noon to 2 p.m. at Moose Sherritt Arena. Public skate costs apply. Hot cocoa will be provided and you can bring your camera for pictures. 4) Jeff O'Neill explained the trophy displayed on the Council dias. The City received the award for Broadband Community of the Year for 2009. Council Minutes — November 23, 2009 Page 1 5) Susie Wojchouski mentioned that the newest City newsletter is out and has a lot of great information including activities and information for the winter season. C. Council Updates: 1) River Street & Hwy 25 signals: Brace Westby noted that the signals at the intersection of River Street and Hwy 25 were started up on Nov 17 at 11:30 am. Signs are posted indicating restricted hours. There have been no accidents to date; seems to be working well. 2) FiberNet Monticello: General Manager Don Patten noted that he is proud of the progress to date for the FiberNet project, which is a community - owned operation. Legal proceedings concluded on June 16 and as of July 2, the reserves were paid back to the Liquor fund from bond proceeds. Construction began the week of July 1 for the network. Data service has been initiated and is in process of being tested at several sites. RFP for the video headend was completed and will be installed the week of Dec 7. Garage is in progress at the Head -end building; currently have 2 vehicles and will soon need to add to the fleet. Business office has opened at the Prairie Center building. They are averaging 17 walk ins and 90 calls per week. Staff includes Vicki Leerhoff, Kim Balser, Alyssa Weldon, Matt Henning, and Brent Stauffer. Don expects regulatory approvals by end of December. The number of miles of fiber in ground and drops to homes are ahead of schedule. All of this has been accomplished in about 4 '/2 months. There has been some expected customer loss to competitors but FiberNet will earn and keep business as we get services to the end user. Contact Customer Care at 271 -3230 or view the website at www.fibernetmonticello.com. Clint Herbst asked for explanation of aerial lines in downtown. Don explained that plans are to utilize the Xcel poles in the downtown area to carry the fiber lines. It is anticipated to get started as soon as the agreement is ready, and this will cover both businesses and residences in the core of downtown. They are in process of working out an agreement with Xcel Energy for use of the poles. 3) Library Programming: Debra Luken, Branch Librarian, thanked Council and City for their support of programs at the Library over the years. Debra summarized the activity and programs that have been provided through financial support of the City. The main focus of the programs is on young children. Great River provides very limited programs and can only offer them if it includes all 32 branches; in 2009, only 2 programs were provided from GRRL. She mentioned there are some Legacy Funds that will be available for 2010, but GRRL must present and pay for them by June of 2010. Clint Herbst asked if they get money from the school district. Debra stated that they do not take money from anyone — they cannot charge for any programs. She did not know why the school does not donate any funds to the Library and will ask about it. Clint Herbst noted that residents are welcome to donate to the City for the express purpose of library programming. The City would designate any such funds for library use. Susie Wojehouski stated that she would like to see Council Minutes — November 23, 2009 Page 2 the library programming reinstated as she feels that this is money used locally and creates a local identity for our library. Clint Herbst would also like to reconsider the allocation of the funds for the library programming. Tom Kelly noted that the State has corrected the formula for the Transition Aid and has promised that the City will receive an additional $427,000 in aid. I Ie did warn that, due to the projected shortage in the state budget, the State may decide to adjust this amount in 2010. Jacquelin Gordon, President of Friends of Monticello Library, thanked the City for its past generosity for programming at the library. She is asking that Council would reconsider their decision and restore at least some of the finding for the library. She noted the value of the programming that is gained by young children and their parents. She also noted the opportunities for young teens through the programming that is sponsored through city funding. She talked about the petition that has been circulated through the City with over 320 signatures to date. Clint Herbst stated that it was a difficult decision and this is an area that the Council would probably discuss further. Jeff O'Neill noted that Council may want to hold a workshop prior to the next Council meeting on December 14 to discuss the 2010 budget and transition aid adjustment. Glen Posusta thinks that it would be premature to count on that funding if there is a possibility that the State would pull back any of the funding. Clint Herbst would prefer to hold the discussion during the Council meeting. There will be a public hearing on the budget and tax levy at the December 14 meeting. 5. Consent Agenda A. Consideration of approving new hires and departures for City departments. Recommendation: Ratify new hires and departures for MCC and Streets Dept. B. Consideration of adopting Resolution #2009 -71 accepting contribution of $250 from Tom Perrault to go into the General Fund. Recommendation: Approve Resolution 2009 -71 to accept contribution from Tom Perrault. C. Consideration of calling for a Special Joint Meeting of the EDA and Monticello City Council on December 9, 2009 at 6:30 p.m. to discuss TIF funds. Recommendation: Call for a Special Joint Meeting of the FDA and Monticello City Council on December 9, 2009. D. Consideration of adopting Resolution #2009 -70 approving final payment of $2950 to H. Brothers Painting and accepting garage door painting at Monticello Fire Hall, City Project No. 09C009. Recommendation: Approve Resolution 2009 -70 for final payment and accept garage door painting at Monticello Fire Hall. Council Minutes —November 23, 2009 Page 3 E. Consideration of approving liquor providers for the Monticello Community Center for 2010 -2011. Recommendation: Approve the MCC Preferred Caterers and Alcohol Providers for 2010 -2011 as listed: Cornerstone Cafe, Red's Cafe & Catering, Russell's on the Lake, Steven's Restaurant and Catering, Reichels' Catering Service, and Crostini Grille. GLEN POSUSTA MOVED TO APPROVE THE CONSENT AGENDA WITH THE ADDITION OF CROSTINI GRILLE TO ITEM 5E. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 6. Consideration of items removed from the consent agenda for discussion No items were removed from the consent agenda. Public Hearing - Consideration of adopting Resolution #2009 -69 to approve bond sale by City of St Cloud on behalf of CentraCare Health System Clint Herbst explained that this is basically a housekeeping item. Tom Kelly summarized the request by CentraCare Health System to refinance their debt on structures including St Benedict's Center in Monticello. Mayor Herbst opened the public hearing. Being that there were no comments, the public hearing was closed. BRIAN STUMPF MOVED TO ACCEPT ALTERNATIVE #1 TO APPROVE RESOLUTION 2009 -69 FOR THE ISSUANCE OF BONDS BY TIIE CITY OF ST CLOUD ON BEHALF OF CENTRACARE HEALTH SYSTEM. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED 5 -0. 8. Consideration of approving an ordinance amendment for Off Street Parking Standards and approving a summary ordinance for publication Steve Grittman, Northwest Associated Consultants, presented the agenda item noting that this was discussed at a previous meeting, resulting in a tie vote and therefore not approved by Council. Staff has some additional information included with this item related to vehicle parking at residential properties. Steve noted that the proposed Ordinance is basically the same in other content and noted that the drawing is to be included in the ordinance. Brian Stumpf commented that he feels that this is not so much about parking at residential properties but rather the use of private property for commercial vehicles. He said that this has been an issue since 2002. Clint Herbst noted that he feels that there is not really a disagreement with where property owners can park but rather with what can be parked in the designated parking areas. Brian Stumpf asked Tom Perrault if he still feels that people should be allowed to park on Council Minutes — November 23, 2009 Page 4 either side of their house. Clint Herbst pointed out that property owner rights should be respected in terms of how they use their property, but the neighbors also need to have their rights respected. Glen Posusta noted that, if someone kept bringing their semi truck and parking it in a residential area, it would most likely not be desirable to most neighbors. Mayor Herbst opened up the meeting for comments from the public. Correy Peters, 124 Hillcrest Road, explained that he has semis that he stores at Schluenders. He brings them to his house to work on because he does not have a place to do that. He feels that anyone should be able to park any vehicle on their private property. Clint Herbst pointed out that even without this proposed ordinance, it would be illegal to drive and keep semis on certain roads in the City. Peters insisted that the City should apply this ordinance to every single commercial vehicle and not just large vehicles. Glen Posusta stated that he does not think the spirit of the ordinance is to prevent someone from bringing a large vehicle to their house for an hour or two — it is meant to control the storage and lengthy parking of large commercial vehicles in residential neighborhoods. With this ordinance, it gives the City the teeth it needs to enforce complaints of this type. Lee and Carrie McDougall, 101 Hillcrest Circle, were wondering about where parking would be allowed. Lee explained that he has a second garage and was wondering if he will be permitted to park by the building. Glen Posusta noted that it would probably be acceptable and acknowledged that there would most likely be a variety of situations depending on how the lot is laid out. Lee pointed out that he doesn't think it is necessary to add more ordinances; the City should be enforcing those that are already in place. Glen Posusta noted that currently the City does not have an ordinance that addresses parking of commercial vehicles on residential properties. Lee wondered why recreational vehicles are allowed when they can obstruct just as much as a big truck. Susie Wojchouski suggested that the Council may want to give future consideration to the size of recreational vehicles. Lee stated that he would like Council to allow emergency vehicles to be parked at a private home. Correy Peters admitted that his truck does extend into the easement area. He wanted to know why the City Council was trying to sneak this ordinance into place. Glen Posusta and Brian Stumpf explained the process for bringing an item to Council; this item has been posted and discussed a number of times and has not been kept from the public. Correy claimed that when complaints have been made to the City, no one has ever told him that he couldn't park his truck at his home. Glen Posusta explained that, without this ordinance, the City has a difficult time preventing him from parking his truck at his home. Someone may have suggested that he not park there, but at this time that cannot be enforced. Streets Superintendent Tom Moores explained that he is a commercial truck inspector and noted that some of the commercial trucks that are being driven and parked in residential areas would be in violation of current laws. The City does not allow driving and parking commercial vehicles over a certain weight on residential city streets. Tom noted that he Council Minutes — November 23, 2009 Page 5 hears a lot of verbal complaints from citizens which do not get reported to the City or the Sheriff s Department because the people do not want their name on record as a complainant. Glen Posusta summarized that the intent of the proposed ordinance is to be able to regulate commercial vehicle parking and storage on residential property. Lee McDougall suggested that the City consider putting in a parking area for semis and large commercial vehicles. It would probably need electric hookups but the City could charge a fee for parking. Brian Stumpf stated that he would like to go on record that he favors property rights for property owners and does not favor the propose ordinance restricting commercial vehicles. He would suggest that the City doesn't go overboard enforcing the ordinance, if approved. DECISION 1 — Adoption of a text amendment to the Zoning Ordinance relating to parking and storage of vehicles on residential property. SUSIE WOJCHOUSKI MOVED TO ACCEPT ALTERNATIVE 41 TO ADOPT THE AMENDMENT TO THE ZONING ORDINANCE RELATING TO THE STORAGE OF VEHICLES ON A RESIDENTIAL PROPERTY INCLUDING THE REGULATION OF PASSENGER AND RECREATIONAL VEHICLES, EMERGENCY VEHICLES, AND COMMERICAL VEHICLES. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 3 -2 WITH BRIAN STUMPF AND TOM PERRAULT VOTING IN OPPOSITION. DECISION 2 — Adoption of a summary ordinance for publication relating to parking and storage of vehicles on residential property. Jeff O'Neill noted that a summary ordinance publication would save money. Brian Stumpf stated that he feels that the entire ordinance should be published, and suggested looking into alternative methods of publication to make sure the public is aware of the ordinance. SUSIE WOJCHOUSKI MOVED TO ACCEPT ALTERNATIVE #1 TO ADOPT A SUMMARY ORDINANCE FOR PUBLICATION RELATING TO PARKING AND STORAGE OF VEHICLES ON RESIDENTIAL PROPERTY; AND REQUESTED STAFF TO PROVIDE OPTIONS AND PRICING FOR AN AD IN THE SHOPPER. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 9. Consideration of approving reduction in warming house hours for the 2009 -2010 winter skating season Tom Pawelk noted that this item was tabled from the last meeting to be brought back with other options. Tom explained that the Hockey Association would like to see the 4`h Street warming house kept open several nights a week, but if that is not approved, they would make it work with a key to the warming house. He also noted that the Parks Commission Council Minutes — November 23, 2009 Page 6 would like to see the warming house open for more hours so that there are trained guards available for supervision, security and safety. Brian Stumpf stated that he would like to see Option 3 to open the warming house each weekday; he doesn't feel the cost difference is that significant to cut back the hours that the warming houses are open. Glen Posusta, Clint Herbst and Susie Wojchouski all stated that they prefer Option 4 which would keep the warming houses open on Tuesday and Thursday evenings in addition to weekends and holidays. They feel that the savings in this area could help in other areas of the budget. Tom Perrault asked if the restrooms would be open. Tom Pawelk noted that the restrooms could be opened each day and skaters could warm up in the entrance and bathroom when the warming house is locked. Tom Pawelk did note that the West Bridge skate guards also supervise the sliding hill in East Bridge Park, and the sledders use the warming house and bathroom. SUSIE WOJCHOUSKI MOVED TO APPROVE OPTION FOUR WITH WARMING HOUSES OPEN ON TUESDAYS, THURSDAYS, WEEKENDS AND HOLIDAYS FOR A TOTAL OF $5,240.20 FOR THE SKATING SEASON; AND TO PROVIDE A KEY FOR THE HOCKEY ASSOCIATION TO OPEN THE WARMING HOUSE AT 4T I STREET RINK CONTINGENT ON AN ADDENDUM TO THE CURRENT YHA AGREEMENT COVERING RESPONSIBILITIES. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. Added Items: a) Lighting on School Boulevard — Clint Herbst noted that the lights on School Boulevard are not being maintained. Bruce Westby said that he would need to talk to Wright - Hennepin about the maintenance of the lighting. Clint Herbst asked if the City could work with them on an agreement for the maintenance. He thought that after the striping and surfacing work was done, the lighting would be brought up to standards. Jeff asked if the delay was related to the potential grant funding. Bruce acknowledged that the City was hoping to take advantage of grant funding. He was expecting to get the lighting updated by Spring 2010. Susie Wojchouski pointed out that it is very dark and dangerous along School Boulevard and the lighting really need to be improved. Bob Paschke explained that there are several issues to deal with as the power comes from Xcel Energy, the lights are Wright - Hennepin property, and the powerlines in the area have an effect on the placement of the light poles. Clint Herbst concluded that the City should really move forward on getting a maintenance agreement in place on the lighting and get the improvements made as soon as possible. b) Fallon Avenue project —Glen Posusta asked about fog lines on the sides of Fallon Avenue that was recently paved. Bruce Westby explained those markings were not included in the project. Council Minutes — November 23, 2009 Page 7 10. Approve payment of bills for November 23' d Brian Stumpf asked if the bills waited for approval before being sent. Tom Kelly verified that is correct. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS FOR NOVEMBER 23RD. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0 TO PAY THE BILL REGISTER TOTALING $1,172,070.43. 11. Adiournment TOM PERRAULT MOVED TO ADJOURN THE MEETING AT 8:46 P.M. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M Shuman Gd Approved: December 14, 2009 Attest: City MIministrator Council Minutes— November 23, 2009 Page 8