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City Council Agenda Packet 03-08-2010AGENDA REGULAR MEETING – MONTICELLO CITY COUNCIL Monday, March 8, 2010 – 7 p.m. Mayor: Clint Herbst Council Members: Tom Perrault, Glen Posusta, Brian Stumpf, Susie Wojchouski 1. Call to Order and Pledge of Allegiance 2A. Approval of Minutes – February 22, 2010 Regular Meeting 3. Consideration of adding items to the agenda 4. Citizen comments, public service announcements and Council updates a. Citizen Comments: b. Public Service Announcements: 1) MCC/High School Track Team 5K Run b. Council Updates: 1) 5. Consent Agenda: A. Consideration of approving new hires and departures for City departments B. Consideration of allowing Wright County to regulate the ownership and possession of dangerous dogs and potentially dangerous dogs under their new Ordinance No. 10-01 relating to dangerous dogs and direct staff to update the City Ordinances accordingly C. Consideration of approving annual liquor license renewals for 2010-2011 D. Consideration of approving appointment of new members to the Industrial & Economic Development Committee (IEDC) E. Consideration of establishing new positions for FiberNet and authorize advertisement of positions F. Consideration of adopting revised Resolution No. 2010-10A requesting a variance from State Aid allowing on-street parking on both sides of West River Street when reconstructed to 36-foot width, City Project No. 10C001 6. Consideration of items removed from the consent agenda for discussion. 7. Approve payment of bills for March 8th 8. Adjournment SPECIAL MEETING 6:00 p.m. – Tour of MCC equipment rooms 6:15 p..m. – State of the City presentation Council Agenda: 03/08/10 1 5A. Consideration of approving new hires and departures for City departments. (TE) A. REFERENCE AND BACKGROUND: The Council is asked to ratify the hiring and departures of employees that have occurred recently in the departments listed. It is recommended that the Council officially ratify the hiring/departure of all listed employees including part-time and seasonal workers. A1. Budget Impact: (positions are generally included in budget) A2. Staff Work Load Impact: If new positions, there may be some training involved. If terminated positions, existing staff would pick up those hours, as needed, until replaced. B. ALTERNATIVE ACTIONS: 1. Ratify the hire/departures of the employees as identified on the attached list. C. RECOMMENDATION: By statute the City Council has the authority to approve all hires/departures. There is no other recommendation but for the Council to exercise the authority given to them by state statute. D. SUPPORTING DATA: List of new/terminated employees Name Title Department Hire Date Class Brian Rousselow Seasonal Parks Worker Parks 2/22/10 Seasonal Joseph Schugel League Manager MCC 2/28/10 PT Name Reason Department Last Day Class NEW EMPLOYEES TERMINATING EMPLOYEES 5A council_employee list 2010.xls: 3/4/2010 City Council Agenda: 03/08/10 1 5B. Consideration of allowing Wright County to regulate the ownership and possession of dangerous dogs and potentially dangerous dogs under their new Ordinance No. 10-01 relating to dangerous dogs, and direct staff to update the City Ordinances accordingly (JO, CS) A. REFERENCE AND BACKGROUND: City Council is asked to consider granting Wright County the authority to regulate ownership and possession of dangerous dogs under a newly adopted County ordinance and direct staff to update City ordinances accordingly. In early February, Wright County sent a letter to all county jurisdictions relative to a new ordinance adopted by the County to regulate the ownership and possession of dangerous dogs and potentially dangerous dogs, as authorized by Minnesota Statutes, Chapter 347. In the letter, the County asks if the City would like the County to take on the responsibility for performing the dangerous dog duties through a contract with Crossroads Animal Shelter. In response to this request, on February 24, representatives from the City, County and animal shelters met to discuss options. The meeting included Jeff O’Neill, Cathy Shuman, Animal Control Officer Patty Salzwedel, and City Attorney Joel Jamnik, Assistant County Attorney Brian Asleson and staff from Crossroads Animal Shelter. At the meeting, Attorney Brian Asleson explained the current and proposed procedures for handling dangerous and potentially dangerous dogs. It was noted that Patty Salzwedel follows similar procedures at this time to comply with MN Statutes, but our city ordinances only partially reflect the process. The group concluded that it would best fit the City to opt in to the new County Ordinance and coordinate efforts between the City’s animal control officer, Wright County Sheriff’s Department and Crossroads Animal Shelter. The County ordinance, working with Crossroads staff provides a legal and consistent process for identifying and holding dangerous dogs. If City Council approves opting in to the County’s ordinance, City staff would then work with Attorney Joel Jamnik to make the necessary changes to the city’s ordinance. Those changes would be brought to a future Council meeting for approval. A1. Budget Impact: There should no cost involved with opting in under the County ordinance. Any fees associated with dangerous dogs are generally passed on to the dog owner. There would be some one-time costs with updating the City’s ordinance. It will be much cheaper in the long run having County assistance with processing dangerous dogs, than it would be if the City did so. A2. Staff Workload Impact: It is anticipated that this change would streamline the process for the City’s animal control officer in handling dangerous or potentially dangerous dogs in compliance with MN Statutes. City Council Agenda: 03/08/10 2 B. ALTERNATIVE ACTIONS: 1. Motion to allowing Wright County to regulate the ownership and possession of dangerous dogs and potentially dangerous dogs under their new Ordinance No. 10-01 relating to dangerous dogs, and direct staff to update the City Ordinances accordingly. 2. Motion to opt out of the Wright County Ordinance. C. STAFF RECOMMENDATION: City staff recommends Alternative #1, to opt in to the new Wright County Ordinance 10-01. The City has established a good working relationship between our Animal Control Officer and the Wright County Sheriff’s Department. Allowing Wright County to regulate dangerous and potentially dangerous dogs would continue that effective relationship and enhance the method of handling dangerous dogs. D. SUPPORTING DATA: Memo from Wright County (dated 1/29/10) Wright County Ordinance 10-01 Monticello Ordinance 6-2-25, section on Dangerous Dogs MN State Statutes, Chapter 347.50 to 347.565 Council Agenda: 03/08/10 1 5C. Consideration of approval annual liquor licenses renewals for 2010-2011 (TK, CS) A. REFERENCE AND BACKGROUND: In the past, the City Council has approved the liquor license renewals in one motion contingent upon the completion of the application, approval by the state, and submission of proper insurance coverage. These businesses are the current license holders on record and assumed they will renew. If a business should change ownership, they would need to complete a new license application for approval by the City and would not be covered by the renewal process. The following licenses are submitted for approval. Intoxicating Liquor, On-Sale (fee $3,750) 1. Applebee’s Neighborhood Grill & Bar (Applebee’s Restaurants North) 2. Buffalo Wild Wings Grill & Bar (Blazin Wings Inc) 3. Chatters Restaurant & Bar (West River Restaurants Inc) 4. Cornerstone Café & Catering Company 5. Crostini’s Grille (Forkful Inc) 6. Guadalajara Mexican Restaurant 7. Hawk’s Sports Bar & Grill 8. Monticello Country Club 9. Monticello Liquors 10. Rancho Grande Mexican Restaurant #2 11. River City Extreme (River City Lanes) 12. The Station Bar & Grill (TDDC LLC) Intoxicating Liquor – On-Sale, Sunday (fee $200) 1. Applebee’s Neighborhood Grill & Bar (Applebee’s Restaurants North) 2. Buffalo Wild Wings Grill & Bar (Blazin Wings Inc) 3. Chatters Restaurant & Bar (West River Restaurants Inc) 4. Cornerstone Café & Catering Company 5. Crostini’s Grille (Forkful Inc) 6. Guadalajara Mexican Restaurant 7. Hawk’s Sports Bar & Grill 8. Monticello Country Club 9. Monticello Liquors 10. Rancho Grande Mexican Restaurant #2 11. River City Extreme (River City Lanes) 12. The Station Bar & Grill (TDDC LLC) 13. VFW Club #8731 14. American Legion Club #260 Council Agenda: 03/08/10 2 Non-Intoxicating 3.2% Beer, On-Sale (fee $275) 1. MCC – Concessions at Ballfields 2. China Buffet (Lin, Chuan) Non-Intoxicating 3.2% Beer, Off-Sale (fee $100/$75) 1. Cub Foods (Monticello 1998 LLC) 2. Target Store T-2180 3. Wal-Mart Supercenter #3624 4. Super America #4479 5. Monticello Liquors (discounted on/off licenses) 6. Kwik Trip Inc Club License (fee-set by statute based on membership) 1. VFW - $500 2. American Legion - $500 Wine/Strong Beer Combination License ($1,200). None A1. Budget Impact: None. A2. Staff Workload Impact: Finance staff prepares the billings and sends out a mailing to the liquor license holders on an annual basis in April. B. ALTERNATIVE ACTIONS: 1. Motion to approve the license renewals for 2010-2011 effective July 1, 2010, contingent upon applicants providing the completed renewal form, appropriate insurance information, and payment of license fees. 2. Motion to deny the license renewals. C. STAFF RECOMMENDATION: Staff recommends Alternative #1. City staff considers all of these businesses eligible for renewal of their licenses. Wright County conducted alcohol compliance checks of nine of our licensed businesses in 2009 and no failures were found. D. SUPPORTING DATA: None City Council Agenda: 03/08/10 1 5D. Consideration of appointing Wes Olson, Luke Dahlheimer, and Adam Stolpestad to the Industrial and Economic Development Committee (IEDC) (MB) A. REFERENCE AND BACKGROUND: The IEDC has experienced a recent decline in membership. In the past, membership has ranged from 14-16 voting members. Currently the IEDC has 11 voting members. The IEDC directed staff to contact various business leaders asking for their participation on the IEDC. Staff contacted Wes Olson from Olson Electric and Luke Dahlheimer from Dahlheimer Distribution. Both business owners stated their willingness and desire to participate in the community. City Staff was contacted by a recent college graduate who lives in Monticello asking to join the IEDC. Adam Stolpestad desires to get more involved in the community and felt the IEDC was a good venue to compliment to his Political Science major. The IEDC discussed appointing Wes, Luke, and Adam at their March 2, 2010 meeting. The Committee voted unanimously to recommend the City Council appoint these community leaders to the IEDC for 3 year terms. A1. Budget Impact: None A2. Staff Workload Impact: None B. ALTERNATIVE ACTIONS: 1. Motion to approve the appointment of Wes Olson, Luke Dahlheimer, and Adam Stolpestad for three year terms ending in 2012. 2. Motion to deny the appointments. 3. Motion to table item for further information. C. STAFF RECOMMENDATION: The IEDC and City Staff recommend Alternative 1. D. SUPPORTING DATA: IEDC listing COMMISSION NAME TERM EXPIRES NEW TERM IEDC:Bill Tapper 3 yr 2011 (3-year staggered terms)Elaine DeWenter 3 yr 2011 Patrick Thompson 3 yr 2011 Rich Harris 3 yr 2012 Dick Van Allen 3 yr 2012 Dan Olson 3 yr 2012 Marshall Smith 3 yr 2012 Chris Kruse 3 yr 2012 Wes Olson 3 yr new 2012 Luke Dahlheimer 3 yr new 2012 Adam Stolpestad 3 yr new 2012 Zona Gutzwiller 3 yr 2010 Wayne Elam 3 yr 2010 Don Roberts 3 yr 2010 Lynne Dahl-Fleming 3 yr 2010 Glen Posusta Council Clint Herbst Council Sandy Suchy Chamber Council Agenda: 03/08/10 1 5E. Consideration of formal establishment new positions for FiberNet and authorize advertisement of positions (JO/DP/TE) A. REFERENCE AND BACKGROUND: Consistent with the original operations plan for Fibernet Monticello, it is now time to establish positions necessary to operate the triple play system on a day to day basis. These positions include: Network Analyst (Grade 12), Central Office Technician (Grade 10) and Head End Technician (Grade 10). The starting annual salary for the Network Analyst position is expected to be $46,061.44 and the starting pay for the Technician positions is expected to be $40,568.59. These positions will all report to the Lead Installation Technician. The Network Analyst provides support for data and internet service and may also be involved in development and maintenance of City of Monticello computer and data systems. Thus this position will be funded via two sources over time. There is a chance that services could be shared with a neighboring municipality The Central Office Technician provides technical support for phone service. The Head End Technician makes sure that the video/TV service is operating correctly. Each person hired will be cross trained to the extent possible in the operation of all three services thereby providing each other back-up. Although Council is asked to authorize three positions, the actual advertisement will occur after final review of the positions in terms of the original business plan. It is possible that we may need to merge the three positions into two. This final review will occur when Don Patten returns from a well deserved day off. A1. Budget Impact: The tasks and responsibilities fulfilled by the positions are identified in the business plan. The final line-up of staff necessary to fulfill the duties will be set in a manner consistent with the business plan. Doug Dawson is set to provide input on Monday at 10:00 a.m. B. ALTERNATIVE ACTIONS: 1. Motion to approve establishing the Network Analyst, Central Office Technician and Head End Technician positions and authorize advertisement of positions. Actual advertisement of the positions will occur after review for consistency with business plan. It could occur that positions will be combined from 3-2. 2. Motion to deny establishing the Network Analyst, Central Office Technician and Head End Technician positions for FNM. Council Agenda: 03/08/10 2 3. Table the matter pending further review of the request for consistency with the Business Plan C. STAFF RECOMMENDATION: Staff recommends Alternative #1. Although Council could table the matter until more information is available, the “work and responsibilities” have been identified. The final decision on mix of staff to hire to fulfill work and responsibilities can rest with Fibernet/City Administration with decisions made based on conformance with the Business Plan. Moving forward with authorization is preferred over tabling the matter so that we can get going on staffing process. D. SUPPORTING DATA: Network Analyst Job Description Central Office Technician Job Description Head End Technician Job Description Current Draft FNM Organizational Chart FiberNet GM (HBC Employee) FILLED Office Manager OPEN Lead Installation Tech FILLED CSR (3) FILLED Installation Tech (2) FILLED Account Manager FILLED CO Tech OPEN HE Tech OPEN Network Analyst OPEN Outside Plant Manager OPEN BSC Tech 2011 OPEN Tech Support 2011 OPEN Locator OPEN Council Agenda: 3/8/10 1 5F. Consideration of adopting revised Resolution No. 2010-10A requesting a variance from State Aid allowing on-street parking on both sides of West River Street when reconstructed to 36-foot width, City Project No. 10C001 (BW) A. REFERENCE AND BACKGROUND: On February 22, 2010, the Monticello City Council authorized preparation of Plans and Specifications for a 2010 Street Reconstruction Project, including reconstructing West River Street to its current width of 36-feet. Council also directed that on-street parking be provided on both sides of West River Street. Since West River Street between Elm Street and State Highway 25 is part of the City’s Municipal State Aid System (MSAS), staff was proposing to fund the associated work using State-Aid funds. This means the City must follow State-Aid standards when reconstructing West River Street. Per Minnesota Rule 8820.9946, on-street parking is only allowed on one side of any street that is reconditioned to a width narrower than 38-feet. Reconditioning is defined in Chapter 8820 as any street that is resurfaced without changing the horizontal or vertical alignment of the street over more than 20% of the project length, and which requires little or no additional right-of-way as a result of the resurfacing. Therefore, the work proposed to West River Street qualifies as a reconditioning project. Attached as supporting data are pages 6 and 41 of the State-Aid Operations manual (Chapter 8820) which include this language. The City must therefore obtain a variance from the State-Aid Variance Committee to allow parking on both sides of West River Street, thereby allowing us to apply State-Aid funds to the project. Per Council direction, staff had submitted the variance request application by the March 1st deadline, which included Resolution 2010-10. However, following a review of our application package, the State-Aid office requested that we revise Resolution 2010-10 (see attached Resolution 2010-10A) and resubmit it before the variance hearing. Council is therefore being asked to adopt revised Resolution 2010-10A tonight so the City Engineer can present our variance request to the State-Aid Variance Committee on the morning of Thursday, March 18th. Staff is hopeful that the variance will be approved since West River Street has been operating as a 36-foot wide street with on-street parking on both sides since the early 1950’s with no related safety issues, and because we are trying to be good environmental stewards by not increasing the width of the street which would increase the discharge rate of untreated stormwater runoff to the Mississippi River. A1. Budget Impact: If the variance is not approved we will not be able to apply State-Aid funds to the project, which was proposed to account for $791,100 of the funding package for Area 4A. A2. Staff Workload Impact: The City Engineer will present the variance request to the State-Aid Variance Committee on the morning of March 18th. Other than this, no other staff workload impacts are anticipated. Council Agenda: 3/8/10 2 B. ALTERNATIVE ACTIONS: 1. Motion to adopt Resolution No. 2010-10A requesting a variance from State-Aid to allow on-street parking on both sides of West River Street after it is reconditioned with the 2010 Street Reconstruction Project, City Project No. 10C001. 2. Motion to deny adoption of Resolution No. 2010-10A at this time. C. STAFF RECOMMENDATION: City staff recommends approving Alternative #1. D. SUPPORTING DATA: Resolution No. 2010-10A (showing revisions) Pages 6 and 41, State-Aid Operations Chapter 8820 CITY OF MONTICELLO RESOLUTION NO. 2010-10A REQUEST FOR VARIANCE ALLOWING ON-STREET PARKING ON BOTH SIDES OF WEST RIVER STREET, A 36-FOOT WIDE MUNICIPAL STATE-AID SYSTEM STREET 2010 STREET RECONSTRUCTION – AREA 4A AND PRAIRIE ROAD CITY PROJECT NO. 10C001 WHEREAS, this resolution was adopted February 22March 8, 2010, by the City Council of Monticello, a municipal corporation in the County of Wright, Minnesota, hereinafter referred to as the “City”; and WHEREAS, the “City” has planned improvements to West River Street, State -Aid Route No. 222- 112-010, between Elm Street and Pine Street/TH 25 in the City of Monticello; and WHEREAS, the “City” will be expending Municipal State -Aid System funds on improvements to this street; and WHEREAS, the “City” is requesting a variance to allow on-street parking on both sides of West River Street between Elm Street and Locust Street following its reconstruction to athe reconditioning of this 36-foot wide street; and WHEREAS, West River Street is planned to be reconstructed toreconditioned at its current width of 36-feet wide so as to avoid increasing theits impervious area and the associated stormwater runoff discharge rates to the Mississippi River; and WHEREAS, on-street parking is not allowed on both sides of Municipal State -Aid System streets narrower than 38-feet wide according to the State -Aid Manual and Minnesota Rule 8820.99346, therefore the planned reconstructionreconditioning of West River Street to a 36-foot wide Municipal State -Aid System street with on-street parking on both sides must receive a variance from the Minnesota Rules for State Aid Operations, Chapter 8820; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello, Minnesota as follows: 1. The request for a variance to Minnesota Rule 8820.99346 is authorized, allowing on-street parking on both sides of West River Street from Elm Street to Locust Street, in lieu of allowing parking on one-side of the street only. Adopted by the Monticello City Council this 22nd8th day of FebruaryMarch, 2010. ___________________________________ ATTEST: Clint Herbst, Mayor ____________________________________ Field Code Changed Jeff O’Neill, City Administrator