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City Council Minutes 10-14-1996MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, October 14, 1996 - 7 p.m. Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Brian Stumpf, Tom Perrault Members Absent: None A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD SEPTEMBER 23, 1996, AS WRITTEN. Motion carried unanimously. A. It was the consensus of Council to set a special Council meeting for Tuesday, November 12, 1996, at 6 p.m., to review the 1997 budget. B. Assistant Administrator Jeff O'Neill requested Council input regarding a sign permit request made by the owners of Westside Market. He noted that Westside Market is a lawful nonconforming use, and the owners requested permission to remove the current sign from the south side of the building and install a lit canopy sign on the front of the building. In addition, it was proposed to remove the current identification sign from the pump canopy. Apart from the additional lighting on the canopy, the total sign area would not be expanded. After discussion, it was the consensus of Council that the proposed signage does not constitute expansion of a lawful nonconforming use, and a sign permit could be issued to Westside Market provided that the new sign follows city ordinance. C. Public Works Director John Simola reported that the water tower painting crew from Pittsburg Tank & Tower Company, Inc., left Monticello on October 5, 1996. After being unable to obtain information on the status of the completion of the project, a certified letter was sent to Pittsburg Tank & Tower indicating that liquidated damages of $50 per calendar day would begin on October 9, 1996, until the project was completed. Simola noted that the superintendent apparently left the job due to personal problems, and his supervisor has not yet been able to contact him. A crew could be rescheduled to finish the railing painting; Page 1 Council Minutes - 10/14/96 however, Pittsburg has few people that are able to complete the logo work. Pittsburg offered a 10% reduction in the cost of the logo if the City of Monticello would delay completion of the project until the spring of 1997. After discussion, it was the consensus of Council that Pittsburg Tank & Tower Company be required to complete the water tower painting project as soon as possible. D. Public Works Director John Simola reported that after reviewing the treatment plant costs a second time with HDR, additional items were deleted from the project, which would bring the total savings to approximately $750,000. Simola noted that HDR did not notify the City each time the cost rose above 5% as required and that a few issues remain to be settled with HDR. 4. Citizens comments/petitions, requests, and complaints. A. Introduction of Superior Services by Tom Dullinger (formerly Vasko Rubbish). No one was present from Superior Services. A. Consideration of final payment to Bonine Excavating. Inc.. for Southwest Area Utility Improvements, City roiect 95-01C. Recommendation: Authorize final payment to Bonine Excavating for Southwest Area Utility Improvements, Project 95-01C, in the amount of $11,684.33. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY TOM PERRAULT TO APPROVE THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. 6. Consideration of a request -for an amendment to a conditional use permit allowing commercial and restaurant uses in a PZM zone, Applicant, Rob Hoffmari/Hillside Partnership. Assistant Administrator O'Neill reported that Rob Hoffman, owner of Jala Peno's (JP's) restaurant, and the owners of the Hillside Partnership requested permission to allow outdoor seating in a portion of the parking area adjacent to the rear door of the building. The seating area would occupy six parking spaces and would be designated by potted plants and a temporary fence at this time, with a deck possibly added within the Page 2 Council Minutes - 10/14/96 designated boundaries in the future. The outside area would be closed 1/2 hour after the kitchen closed at 10 p.m. O'Neill noted that 4-6 tables would be situated in the area with muted decorative lighting but would include no music or signs. In addition, Hoffman would plant additional trees to help screen the area. O'Neill continued to note that according to the conditional use permit now governing the site, a deficiency in parking was accounted for through a proof of parking requirement, which required that the owner install the full complement of parking if the need arose as defined by the Planning Commission. The parking would be extended easterly into the vacant area alongside the railroad tracks; however, it did not appear that additional parking would be necessary at this time. O'Neill also reported that the owners of the site indicated that they would enter into an agreement requiring installation of additional parking space if needed as defined by the Planning Commission, which would include a letter of credit or financial guarantee that the City could use if necessary. The Planning Commission recommended approval of the amendment to the conditional use permit. Rob Hoffman stated that he planned to start with 4-6 tables but would like to add as many as the area would accommodate in the future. A petition presented by Hoffman included signatures from neighboring property owners who were not opposed to the outdoor seating request. Councilmember Herbst suggested that the Council stipulate a seating capacity for the area in order to minimize congestion and noise. Hoffman requested that Council consider a maximum of 12 tables, seating 4 customers each, for a total capacity of 48 people. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO APPROVE THE AMENDMENT TO THE CONDITIONAL USE PERMIT ALLOWING OUTSIDE SEATING AT JALA PENO'S RESTAURANT SUBJECT TO THE FOLLOWING CONDITIONS: 1. COMPLIANCE WITH THE TERMS OF THE EXISTING CONDITIONAL USE PERMIT, INCLUDING PROOF OF PARKING PROVISIONS. 2. OUTSIDE SEATING HOURS END 1/2 HOUR AFTER THE KITCHEN CLOSES OR AT 10:30 P.M., WHICHEVER IS SOONER. 3. NO MUSIC OR ADVERTISING SIGNAGE ALLOWED. 4. LIGHTING SHALL BE SUBDUED. Page 3 Council Minutes - 10/14/96 5. ADDITIONAL TREE PLANTINGS MUST BE COMPLETED AS IDENTIFIED ON THE SITE PLAN. 6. FOOD SHALL BE THE PRIMARY SERVICE PROVIDED; HOWEVER, LIQUOR AND BEER MAY BE SERVED. LIQUOR MAY NOT BE POURED OUTSIDE OF THE BUILDING. 7. OUTSIDE DINING AREA SHALL BE LIMITED TO THE AREA ENCOMPASSED BY SIX STALLS AT THE LOCATION IDENTIFIED ON THE SITE PLAN. SEATING SHALL BE LIMITED TO 12 TABLES, SEATING 4 CUSTOMERS EACH, FOR A TOTAL MAXIMUM SEATING CAPACITY OF 48. Motion carried unanimously. Motion was based on the finding that the proposed use is consistent with the purpose of the PZM zone; and due to the type of use and the conditions noted, the activity would not be detrimental to the neighborhood in which it is located. Therefore, the proposed use is consistent with the comprehensive plan for the city. Assistant Administrator O'Neill informed Mr. Hoffman that trees planted now for additional screening would likely have to be replaced at the owner's expense when the parking lot is expanded due to storm sewer improvements that are needed. City Administrator Rick Wolfsteller reported that at the June 10 Council meeting, representatives of the Masonic Lodge approached the Council with a proposal for the City to take over ownership and operation of the Riverside Cemetery. The Council generally approved of the idea of taking over ownership of the cemetery after further investigating the cost of operations. Currently, the general day-to-day operations at the cemetery are handled by three individuals. Wolfsteller noted that Bill Kearin has recently been more involved with the placing and setting of headstones and has been a good resource for staff to consult with regarding its day-to-day operations. City staff hopes to continue utilizing his services for this purpose. Mary Bray is the current Sexton and is the contact for potential sales and marking of grave sites for upcoming funerals and is compensated $150 per month. Wolfsteller noted that it is the City's intention to continue utilizing her services over the winter months and finalize a job description that can be used for contracting next spring. During the winter, the City will be obtaining bids from interested parties for providing the caretaker service along with contract mowing and leaf cleanup. The Masonic Lodge has currently used Carefree Lawn Service on a contract basis for mowing and leaf pickup. Page 4 Council Minutes - 10/14/96 The third primary contract service that is utilized is Ray Glunz of Buffalo, who does the grave site excavation and backfilling along with restoration services. The City would also continue utilizing Mr. Glunz's services based on the recommendation of the Lodge, who has been happy with his services. Wolfsteller recommended that the cemetery be run as an enterprise fund similar to the sewer, water, and liquor operations, as the revenue generated from the operation should be sufficient to cover its expenditures. It was suggested by the City Attorney that any transfer of funds from the Masonic Lodge to the City be contingent upon a review of the cemetery finances and accounting procedures and acceptable title opinion on the land. Jim Fleming, attorney for the Masonic Lodge, noted that the perpetual care fund is made up of a series of bonds which are in investment accounts managed by IDS. The Lodge has executed a resolution as required by statute, which identifies each fund, account, and amount of money available. As of the most recent evaluation, $21,080.33 is available. In addition, Fleming reported that there are funds in a checking account at First National Bank of Monticello under the name of Riverside Cemetery Association, with a current balance of $13,470.42. A check in this amount was drafted by the Lodge, along with the necessary paperwork for transfer to the City. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO ADOPT A RESOLUTION ACCEPTING THE TRANSFER OF THE RIVERSIDE CEMETERY AND PERPETUAL CARE FUNDS FROM THE MASONIC LODGE TO THE CITY CONTINGENT UPON CITY ATTORNEY APPROVAL. Voting in favor: Shirley Anderson, Tom Perrault, Clint Herbst, Brian Stumpf. Opposed: Brad Fyle. Motion passed. SEE RESOLUTION 96-40. Consideration of adopting a policy on charging f Qr false fire 2k= =p M and consider tion of establishinay a aalary schedule for fire departmen FALSE FIRE ALARM POLICY City Administrator Rick Wolfsteller reported that the Council previously discussed the possibility of establishing a new policy that would allow the fire department to charge individuals or businesses for numerous false fire alarms. Due to security systems becoming more popular in businesses and residential properties, the fire department has seen an increase in the number of false alarms. Because many false alarms occur due to a security system problem that simply needs adjusting, the Joint Fire Board felt it would be appropriate to establish a policy that allows each property owner Page 5 Council Minutes - 10/14/96 one false alarm annually; but after receiving a warning, the second false alarm would allow the department to send a bill for $100, and each false alarm thereafter would cost $250. This would provide an incentive for property owners to make sure their systems are serviced and operating properly. It was the consensus of the Council last December to table action on adoption of this policy pending input from Silver Creek Township and the City of Otsego, who are serviced by the City's fire department. Both jurisdictions indicated that they would be in agreement with such a policy, as it could help keep fire department costs down. Wolfsteller noted that for city of Monticello residents, any unpaid false alarm charge could be placed as a lien against their property taxes. Monticello Township would be responsible for collecting their charges, and the City of Otsego and Silver Creek Township would be responsible for reimbursing the fire department for any unpaid charges from their jurisdiction. In exchange for this contract language change, the Joint Fire Board recommended keeping the fee of $35 per parcel for the contract renewals. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO ADOPT THE FALSE FIRE ALARM POLICY AS RECOMMENDED BY THE JOINT FIRE BOARD ESTABLISHING A FEE OF $100 FOR THE SECOND FALSE FIRE ALARM WITHIN A 12 -MONTH PERIOD (JANUARY - DECEMBER CALENDAR YEAR) AND A FEE OF $250 FOR THE THIRD OR MORE OFFENSE. Motion carried unanimously. Councilmember Herbst requested that the fire contracts for the City of Otsego and Silver Creek Township be reviewed by Council prior to being renewed. SALARY SCHEDULE - FIRE DEPARTMENT OFFICERS The City Administrator reported that the Joint Fire Board has recommended that an annual wage structure be established for various fire department officers in lieu of the present policy of allowing the Chief, Assistant Chief, Secretary, and Treasurer to be paid $7 per fire whether or not they attend the fire. In addition to these four officers, it was recommended that the two Captains and two Training Officers also be included in the salary schedule, as it is becoming difficult to find volunteers to conduct training seminars each month. Wolfsteller noted that the salary schedule could be funded by reallocating expenditures for 1997 and would not require the fire department budget to be increased at this time. Page 6 Council Minutes - 10/14/96 Fire Chief Mark Wallen requested that the Chaplain be added to the salary schedule, as he is also on call to help fire and accident victims. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRAD FYLE TO APPROVE THE FOLLOWING SALARY SCHEDULE FOR THE NINE FIRE DEPARTMENT OFFICERS IN LIEU OF PAYING $7 PER HOUR FOR EACH FIRE CALL: FIRE CHIEF ASST. FIRE CHIEF TREASURER SECRETARY CAPTAINS (2) TRAINING OFFICER 1 TRAINING OFFICER 2 CHAPLAIN TOTAL Motion carried unanimously. $1,500 ANNUALLY 600 300 450 300 EACH 500 300 250 $4,500 City Administrator Rick Wolfsteller reported that as part of the union negotiations and contract settlement last April, the City Council agreed to further investigate the idea of amending the present sick leave policy in regard to the maximum number of days that could be accumulated and the severence policy relating to unused sick leave. As part of the contract settlement, the City agreed that any changes approved for non-union members would also apply to the union membership retroactive to April 1, 1996. MAXIMUM SICK LEAVE ACCUMULATION The current policy indicates that a maximum of 100 days is allowed to be accumulated under the sick leave program. Wolfsteller reported that the union personnel had asked for an increase in the maximum accumulation, as they felt a good employee who has not abused or been required to use a large amount of sick leave days should not be penalized by no longer accumulating any additional days but should be rewarded in some way. SEVERENCE PAY PROVISIONS The second part of the discussion concerned the amount of benefit that is payable from sick leave accumulation upon retirement. Any employee who has worked for the City longer than 10 years can receive 50% of their unused Page 7 Council Minutes - 10/14/96 sick leave benefits upon retirement up to a maximum of 50 days' pay. Wolfsteller noted that during negotiations, the union had sought to have 100% of their sick leave benefits usable by the employee for maintaining health insurance coverage after retirement, which may encourage an employee to consider earlier retirement. From the employer's standpoint, this would allow the City to spread out the cost of the severence pay over a number of years rather than in one lump sum. From the employee's standpoint, current tax codes do not consider as income any payment made by the City for continuing health insurance coverage to an employee who retires. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT HERBST TO AMEND THE SICK LEAVE POLICY BY ALLOWING CONTINUED ACCUMULATION OF 1 DAY PER MONTH AFTER 100 DAYS' ACCUMULATION, 100% TO BE USED FOR CONTINUING HEALTH INSURANCE COVERAGE. IF THE EMPLOYEE CHOOSES A CASH PAYMENT AT RETIREMENT, 50% OF THE FIRST 100 DAYS WOULD BE PAID, AND ANY ACCUMULATION ABOVE 100 DAYS WOULD BE LOST. THE NEW POLICY IS RETROACTIVE TO APRIL 1, 1996. Motion carried unanimously. 10. Consideration of authorizing purchase of city hall office workstation dividers. City Administrator Wolfsteller reported that $11,800 was included in the 1991 and 1992 budgets to cover the cost of office dividers for city hall workstations. The intent at that time was to look at providing a workstation structure that would lessen the noise between each desk and provide a better appearance when entering city hall. Quotes obtained in 1992 for workstations, which included dividers, desks, file cabinets, etc., were between $10,000 and $20,000. Due to the high cost for the conversion, the idea was dropped. Wolfsteller noted that a quote was recently obtained from Marco Business Products for only freestanding workstation dividers at a total cost of approximately $3,200, which would include a partition for the building inspection office. Council discussed the proposal and questioned to what extent the dividers would actually reduce the noise level. In addition, concerns were raised regarding the possibility that the dividers as proposed would make it difficult for the clerical staff to view customers entering city hall. Page 8 Council Minutes - 10/14/96 AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO APPROVE THE PURCHASE OF ONE PARTITION FOR THE BUILDING INSPECTION OFFICE AND ONE PARTITION TO BE PLACED BETWEEN THE TWO CLERICAL EMPLOYEES WHO REQUESTED WORKSTATION PARTITIONS. Motion carried unanimously. memo VIMT "I VA 10 1 Public Works Director John Simola reported that during the previous budget meeting, City Council requested additional information on the possible purchase of heavy duty snow removal equipment for the sidewalks and pathways. Rather than wait for the next budget meeting, City staff received a request from the Parks Commission and the Monticello Community Partners to bring this issue to the Council in the hopes of getting equipped as soon as possible to clear the pathways this winter. Simola noted that the most suitable piece of equipment found for snow removal and maintenance on sidewalk and pathway systems was a 100 - horsepower 4 -wheel drive articulated tractor, which could handle several attachments for year-round usage. Simola requested that Council consider advertising for bids for this equipment specified with a snow blower and an option to purchase a V plow and sand/salt spreader for the rear. In addition, he recommended that the unit be specified for a deep reduction transfer case for use of a blacktop cold planer to be used for blacktop patching operations. A price of $64,000 was estimated for the tractor with snow blower, $5,000 for the deep reduction transfer case, $4,000 for the sand/salt rear -mounted spreader, and $2,300 for the V plow, for a total of $75,300, excluding sales tax. It was the view of Councilmember Herbst that many residents were excited about the pathway system and would use it all year. In addition, clearing the pathway in the winter may discourage use by snowmobiles. Councilmember Stumpf suggested that the City try to discourage snowmobiles from using the pathway by posting "no snowmobiling" signs before spending such a large amount of money for equipment. In addition, Mayor Fyle noted that he was not convinced that the pathway would get enough use in January and February to justify the equipment expense. Councilmember Herbst then suggested that the City advertise for bids but also authorize Simola to research other muncipalities for used equipment and other methods for removing snow. Page 9 Council Minutes - 10/14/96 AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO ADVERTISE FOR BIDS AS SPECIFIED, RESEARCH THE COST OF USED EQUIPMENT, AND RESEARCH OTHER LESS EXPENSIVE METHODS FOR REMOVING SNOW FROM THE PATHWAY. COUNCIL WILL REVIEW THE INFORMATION AT ITS NOVEMBER 12 MEETING. Voting in favor: Clint Herbst, Shirley Anderson, Tom Perrault. Opposed: Brad Fyle, Brian Stumpf. Motion passed. 12. Review of bids for a 150 -horsepower diesel -powered snow blower 4170367011 cleaningandwidening,and considerationQf."rchase. Public Works Director John Simola reported that at the September 4 meeting, City Council authorized advertisement for bids for replacement of the large snow blower that fits on the front of the City's cat loader, which is used for clearing snow from Broadway and for street widening. The City received one bid of $59,745.44 from MacQueen Equipment, including trade-in and sales tax. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO AWARD THE PURCHASE OF A NEW SNOW BLOWER TO MACQUEEN EQUIPMENT OF ST PAUL, MINNESOTA, FOR $59,745.44, INCLUDING TRADE-IN AND SALES TAX. Motion carried unanimously. 13. Consideration of amending job descriptim fQr Chief Building Official and consideration of adding • 7 to the pay equity salary schedule. Assistant Administrator Jeff O'Neill reported that Joe Merchak recently resigned from the Chief Building Official position and that City staff was concerned that advertising the opening under the current pay would not result in finding an employee with the experience needed to do the job. Only seven individuals applied for the position when first created in February of 1996, three of which were interviewed. Staff noted that a high level of experience is needed to successfully fulfill the expectations of the position; therefore, the job description should be amended to require extensive (6-8 years) experience, which would result in moving the position from grade 11 to grade 12. Raising the grade would result in a pay range of $33,742 to $42,177, a 6% increase in the position's pay. In addition, staff recommended that the overall salary structure for City employees be amended by adding step 7 in order to maintain a competitive salary structure. O'Neill then reviewed a building inspection department salary survey of other communities and noted that many communities issuing a similar number of permits as Monticello have a higher pay range for the Chief Page 10 Council Minutes - 10/14/96 Building Official position. In addition, O'Neill noted that St. Peter recently raised the starting salary for Chief Building Official to $38,000 due to the amount of turnover they had experienced. Councilmember Herbst suggested that the position be advertised again under the current pay range to see if more than seven applications would be received. In addition, it was his view that the current pay structure was competitive and that it was not necessary to add step 7. Mayor Fyle agreed with maintaining the current pay structure but suggested that the City consider contracting the duties for the entire building department much like we contract with PSG to run the treatment plant. The current Building Inspector could then perform duties currently not being completed such as zoning code and public nuisance enforcement. It was the view of Councilmember Stumpf that adding a 7th step to the pay structure could result in better employees if administered properly. He pointed out that achieving the 7th step would not be guaranteed for any employee and would have to be approved by the Council. In addition, it was Stumpf s opinion that raising the Chief Building Official wage could make a big difference in getting an experienced employee, and the City could avoid having to pay for schooling and excessive training time. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO ADJUST THE MINIMUM REQUIREMENTS FOR THE CHIEF BUILDING OFFICIAL AND INCREASE THE POINT VALUE AS APPROPRIATE, WHICH WOULD RAISE THE POSITION FROM GRADE 11 TO GRADE 12. MOTION INCLUDES NOT ADDING STEP 7 TO THE PAY STRUCTURE AT THIS TIME. Voting in favor: Brian Stumpf, Shirley Anderson, Tom Perrault. Opposed: Clint Herbst, Brad Fyle. Motion passed. There being no further business, the meeting was adjourned. e ar n Doty Office Manager Page 11