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City Council Minutes 04-09-2007 Council Minutes: 4/9/07 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, April 9, 2007 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski Members Absent: None 1. Call to Order and Pledl!:e of Allel!:iance 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 March 12. 2007 Special Council Meetinl!: - Public Works Needs 2B. Approve minutes of March 22. 2007 Special Council Meetinl!: Fiber Optics. SUSIE WOJCHOUSKI MOVED TO TABLE CONSIDERATION OF ACTION ON THE MINUTES OF THE MARCH 12,2007 SPECIAL COUNCIL MEETING AND THE MARCH 22, 2007 SPECIAL COUNCIL MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2C. Approve minutes of March 26. 2007 Rel!:ular Council Meetinl!:. Wayne Mayer noted that on Page 4 and Page 9 in establishing the special meeting date, he had suggested April 3, 2007 not April 2, 2007 since he was not available on April 2, 2007. Tom Perrault stated that special meeting for the Finance Director interview had been set for April 2, 2007. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE MARCH 26, 2007 REGULAR COUNCIL MEETING WITH THE CORRECTIONS NOTED. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED WITH CLINT HERBST ABSTAINING. 2D. Approve minutes of April 2. 2007 Special Council Meetinl!: Revenue Stabilization Al!:reement. Finance Director Interview and Bil!: Lake/Bil!: Lake Township Annexation Al!:feement. Tom Perrault noted grammatical corrections on Page 4 and Page 5. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE APRIL 2, 2007 SPECIAL COUNCIL MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH CLINT HERBST AND WAYNE MAYER ABSTAINING. 3. Consideration of addinl!: items to the al!:enda. Dog complaints and enforcement of the recently adopted blight/nuisance ordinance were added to the agenda. Clint Herbst stated that because of recent annexation action there would 1 Council Minutes: 4/9/07 be an explanation of the City's action and an opportunity for comment following the citizen comments portion of the agenda. 4. Citizen comments. petitions. requests and concerns. Brad Fyle, 501 3rd Street West commented that the enforcement ofthe blight/nuisance ordinance is extreme. He received a notice for some pallets and some paver bricks. He did not feel this material constituted a blight and expressed his belief that city staff is taking enforcement ofthe ordinance too far. Randy Ruff, 611 Elm Street also spoke on blight enforcement. He indicated that he too had received a blight notice. He came before the Council to ask for more time to get the material removed. He stated they are in the process of getting vehicles and other items cleaned up but additional time is needed to complete the clean up. 4A. Explanation of Annexation Action taken bv the City on Apri16. 2007. City Administrator Jeff O'Neill updated those present on action taken by the Council on April 6, 2007 relating to the proposed annexation between the City of Big Lake and Big Lake Township. At that meeting the City adopted an annexation resolution and approved filing a Notice ofIntent with Big Lake Township. The City of Big Lake and Big Lake Township have been working on a proposed annexation including extension of utilities to serve the proposed development area. The City of Monticello is concerned about what the proposed development would do to traffic volumes on TH 25. Traffic was an issue that was identified in the City's Comprehensive Plan Update meetings. With the proposed land use changing from agricultural to commercial the traffic volumes will increase. Jeff O'Neill felt development will take place there eventually but the question is when is the appropriate time for development. There have been some discussions between the entities involved and the general consensus is that the traffic issue is a serious concern that needs to be addressed. By allowing the annexation between the City of Big Lake and Big Lake Township to take place without filing the annexation resolution, the City of Monticello would lose its right to influence planning for the area. The City Council elected to move forward on the contested case annexation in order to get a cooperative effort going on planning development of the area. The Council directed staff to contact the City of Big Lake and Big Lake Township and invite them to attend this meeting. Chris Hood, legal counsel for the City spoke to the action of the City Council regarding the annexation. He stated when the City of Big Lake and Big Lake Township moved forward with annexation it initiated action under Statutes 4.14 which triggers certain events. The state is limited to merely commenting and reviewing an annexation petition. Since Monticello is affected by development across the river both in transportation issues and economic issues, not retaining the City's legal rights could have a costly impact for the City's taxpayers. The legal perspective is that the City wants to slow down the development process and be a partner in dialogues on the long term impact of development across the river. The City felt that long term planning discussions need to take place. 2 Council Minutes: 4/9/07 Chris Hood explained under annexation law, the first step is to file a Notice of Intent to Annex. The annexation resolution adopted by the Council can be filed with the State as early as May 7,2007 but the City does not need to file it. The resolution was used as a means to get discussion started with the City of Big Lake and Big Lake Township and work out some kind of agreement. The Council action of April 6th was to protect the rights of the City of Monticello. To preserve those rights the City had to move forward and adopt the annexation resolution and the Notice ofIntent to Annex. Clint Herbst talked about traffic and safety issues resulting from the increased traffic volumes. Clint Herbst stated the law is the law and the City has to go forward under the parameters of the law. Brian Stumpf stated that it comes down to perception. People will see this as a land grab by the City but there were constraints and deadlines under the annexation law that the City had to meet. James Sanford, Chair of Big Lake Township, spoke stating he had received the City's Notice of Intent and he understood the legal aspect of their action but he did not like the tactics. He stated that the bridge runs both ways taking traffic into Big Lake Township as well as Monticello. Big Lake Township did not try to place restrictions on development on the Monticello side of the river. He stated they are just doing the planning and nobody has submitted a petition yet. He asked whether this was a unanimous decision ofthe Council and what triggered the action. Wayne Mayer said the legal aspects of annexation law prompted the Council action. He stated he believed the City of Big Lake and Big Lake Township would have acted in the same manner. Wayne Mayer stated the City would have liked more time to discuss the matter but the time constraints in the law didn't allow the City that opportunity. He added the City made every effort to contact the two entities as soon as possible. Wayne Mayer said what the City of Monticello did was defensive only and was done in order to protect Monticello residents. He hoped the Notice of Intent would be replaced by a three party agreement to resolve the development issues. Jim Sanford felt the property owners in the petitioned area should be involved in the discussions. He said he could understand an annexation resolution covering the area of 53 acres that was petitioned for but he didn't think it should include more land area than that. Wayne Mayer said the City's concern was the development of open agriculture land. The City's annexation resolution contained only a few residential properties and that was not the focus of the City. He emphasized the resolution was a defensive posture by the City. James Sanford asked about the City serving the area with utilities. Wayne Mayer responded that it is not the City's intent to provide service to the area but only to generate discussion on planning issues. James Sanford didn't feel Monticello's action was the appropriate way to act. Larry Alford, Big Lake Township Board stated the town board has not had a meeting yet to discuss the City's action. He stated the City of Monticello has taken a hostile annexation 3 Council Minutes: 4/9/07 approach. The township now has to go to their legal staff to find out how to work with the City's action. Clint Herbst addressed this issue stating Monticello did not know the intent of the City of Big Lake and Big Lake Township and the time frame of their annexation. With an annexation agreement in place Big Lake and Big Lake Township could move forward quickly. Monticello felt it had to act so that discussions could take place with Monticello being involved on an equal footing with Big Lake. There was nothing malicious in the City's action. The City was only trying to preserve their bargaining strength. Without adopt the resolution the City would have no option to participate in meaningful discussion. The primary reason for the action was to follow what the law requires in order to protect the interests of the City of Monticello. Clint Herbst said he understood how the township felt but he felt it was important that this be discussed by all parties and a solution found. Clint Herbst believes the communities like Big Lake, Becker and Monticello suffer development pains because of their geographic locations. Ewald Peterson, County Commissioner and former town board member stated that this issue was discussed with Jeff O'Neill and Clint Herbst in July so Monticello was aware of it for some time. He stated that Sherburne County is about to complete a 20 year transportation plan for Sherburne County. He reported that County Road 11 is running nearly at the capacity the road was built to handle and that the intersection of County Road 11 and Highway 10 is a particular headache. Once the county adopts the 20 year plan, County Road 11 will be on the top of their priority list. It is proposed that County Road 11 will be a four lane roadway with an interchange at Highway 10. For 2008 MnDOT is proposing a double left turn lane onto Highway 10 but as usual the State has indicated there is no funding for these improvements. Mr. Peterson stated that fmancing is an issue and the county has to find funding for the proposed improvements. He mentioned other roads proposed for improvements including the old airport road. County Road 14 is also an issue and he believes this will be changed significantly but what the changes will be have not been finalized. Ewald Peterson said the issue of transportation is something that is not going to be resolved overnight or financed without help. He cited a lack of response from MnDOT to traffic concerns. He commented that over six months has passed since the July meeting with Jeff O'Neill and Clint Herbst and nothing has taken place. He does not believe development will happen quickly. Ewald Peterson also brought up DNR rule changes and the recreational river district. The 50 acres under consideration for development all lies within that special use district. Although other land in the area does not lie within the district, they may be affected by the restrictions of the special use district. Sherburne County has done some significant planning on the TH 25 corridor which Big Lake and Big Lake Township participated in. He reiterated that he didn't believe there was a rush to move development through the area. Wayne Mayer stated that the City's action was not a hostile annexation and he hopes that no annexation takes place. The Council thanked the representatives from the City of Big Lake and Big Lake Township for attending the meeting and commenting on the annexation. 4 Council Minutes: 4/9/07 5. Consent Aeenda: A. Consideration of ratifying hires and departures MCC. Recommendation: Ratify hires and departures as identified. B. Consideration of approving an on-sale beer license for MCC for operation of softbal1lbaseball concessions. Recommendation: Approve 3.2% on sale beer license for the Monticello Community Center for operation of the softballlbaseball concessions. C. Consideration of reimbursement resolution for bonding for fiber optics. Recommendation: Adopt a resolution declaring intent to reimburse expenditures to the proceeds ofbond covering the fiber optics to the home project. D. Consideration of approving current petty cash and change fund balances. Recommendation: Approval of petty cash and change funds at the current levels used in the City. E. Consideration of approving purchase of traffic speed monitor and trailer and LED display. Recommendation: Approve the purchase from Kustom Signals, Inc. at a price of$II,285.00. F. Consideration of acceptance of improvements for the Morning Glory development. Recommendation: Approve the acceptance of development and public improvements for the Morning Glory development with the condition that the developer works with the Homeowner's Association to supply a transferred certificate of insurance. G. Consideration of approving a request for a charitable gambling license for a raffle at the Monticello Country Club. Recommendation: Adopt a resolution authorizing the State Gambling Control Board to issue a one-day charitable gambling license for a raffle at the Monticello Country Club on June 9, 2007. H. Consideration of extension of uniform contract with Aramark. Recommendation: Move to renew the Aramark Uniform Services contract for a period of24 months with no increase in costs. 1. REMOVED -Consideration of replacement of 1997 Ford Ranger pickup truck. The state bid expired a short time ago. Staffwill wait until the 2008 state bid comes out. J. Consideration of approving updates to Fiscal Policies and Procedures. Recommendation: Approve the updates to the City's fiscal policies and procedures. K. Consideration of setting dates for special meetings. Recommendation: Set a biosolids financing workshop for Monday April 16, 2007 at 5 p.m.; set the Finance Director interview and/or City Administrator evaluation for Monday April 23, 2007 from 5 p.m. to 7 p.m. and delay setting the date for the Comprehensive Plan Update until it is known when the planning consultant is available. 5 Council Minutes: 4/9/07 L. Consideration of establishing part-time Human Resources position and authorize advertising for the position. Recommendation: Move to approve the establishment of the part-time (20 hours) Human Resources Director position as described in the attached description. M. Consideration of submitting comments on Wright County Northeast Quadrant Land Use Plan. Recommendation: Move to recommend approval of the draft Wright County Northeast Quadrant Land Use Plan with the exceptions as follows: 1) Rural Residential designation to the west of Monticello should be changed to Agricultural; 2) Rural Residential designation to the east of Monticello should be changed to Agricultural and 3) The County should study alternative methods for protection of agricultural and natural resources, such as transfer of development rights. N. Consideration of approving plans and specifications and authorizing the advertisement for bids for grading and drainage improvements at the Monticello Middle School and a Glorious Church. Recommendation: Move to approve the plans and specifications as presented and authorize the submittal of the advertisement for bids for publication. O. Consideration of internal posting for Part-time Finance Clerk. Recommendation: Move to approve the internal posting of the opening for Part-time Finance Clerk at Grade 3 with a salary range of$13.45 to $18.59 P. Consideration of waiving building permit fees and SACfW AC charges for a facility proposed to be constructed for the girls' softball fields. Recommendation: Motion to waive the building permit fee excluding the state surcharge and the SACfW AC fees for the facility to be constructed at the softball fields in the amount of$6,3l7.30. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA CONSISTING OF ITEMS #5A, #5B, #5C, #5D, #5F, #5G, #5J, AND #5N WITH #50 BEING TABLED. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent ae:enda for discussion. #5E Authorizing Purchase of a Speed Trailer: Clint Herbst questioned in getting information for this item whether staff had checked into the sign mounted counters. Tom Moores stated he had not done any research on the sign mounted ones as he was of the understanding that the City was looking at a trailer type. He had talked to the Kustom Signals and to the Police Chief of Big Lake about the trailer models. Clint Herbst asked if the sign mounted ones could perform the same functions and are less expensive wouldn't that be the way to go. Brian Stumpf agreed and suggested if the price was lower, the City could possibly go with more than one sign mounted counter. Tom Moores felt the unit should be able to count the traffic and be programmed for other functions. Rick Wolfsteller noted he had received some information about funds to go towards the purchase of the equipment. SUSIE WOJCHOUSKI MOVED TO TABLE ACTION ON THE PURCHASE OF THE SPEED TRAILER AND HAVE TOM MOORES RESEARCH THE SIGN MOUNTED MODELS AND RICK WOLFSTELLER TO CHECK ON FUNDING AVAILABLE FOR 6 Council Minutes: 4/9/07 THE PURCHASE OF THE EQUIPMENT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5K Special Meeting Dates: Wayne Mayer noted he would not be available for any meeting scheduled on April 16th. Brian Stumpf noted that on April 16th he has a fire department starting at 6:30. AprillSth is the hospital event so that date was ruled out. Wayne Mayer questioned scheduling meetings on the off-Council Mondays and felt whenever possible the special meetings should be conducted before the regular Council meeting. The Council was informed that the candidate had withdrawn her application for the Finance Director position so there was no need to schedule a meeting for a second interview. The Council felt that the City Administrator evaluation and the financial workshop for the biosolids could be done prior to the regular meeting on April 23, 2007. The Council discussed when to hold a joint meeting with the Planning Commission to discuss the Comprehensive Plan Update. BRIAN STUMPF MOVED TO SET A SPECIAL MEETING FOR 5 P.M. ON APRIL 23, 2007 FOR THE EVALUATION OF THE CITY ADMINISTRATOR AND THE FINANCIAL WORKSHOP FOR THE BIOSOLIDS PROJECT AND TO SCHEDULE A SPECIAL MEETING WITH THE PLANNING COMMISSION FOR APRIL 30, 2007 AT 5 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5L Establishing a part-time Human Resources Director position: Wayne Mayer asked about the availability of this individual to attend Council meetings as she had indicated to staff that she was willing to work for the City on a part-time basis but continue to do consulting work. He also stated that the fact that the cost for paying for consulting services would go towards paying wages and benefits was not, in his mind, a reason to support establishing this position. SUSIE WOJCHOUSKI MOVED TO ADVERTIZE FOR A HALF-TIME (20 HOURS) HUMAN RESOURCE DIRECTOR. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5M Review of Wright County Northeast Quadrant Land Use Plan: The Council discussed the comment made in the agenda item stating that Wright County Planner Tom Salkowski has indicated that the I: I 0 designation is supported by 3 out of the 4 townships in the northeast quadrant area. Monticello Township does not support that land use. It was also indicated that this land designation required further study. WAYNE MAYER MOVED SINCE TOM SALKOWSKI HAS SUGGESTED FURTHER STUDY OF THE 1:10 LAND DESIGNATION THAT THE CITY RECOMMENDS FURTHER STUDY OF THE DRAFT WRIGHT COUNTY NORTHEAST QUADRANT LAND USE PLAN. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Susie Wojchouski stated that she would like to see the 1:10 designation as it would allow for larger home lots. 7 Council Minutes: 4/9/07 #5P Waiving of building and SA CIW A C fees for facility to be constructed at school softball fields: The Council received preliminary drawings of the proposed concession stand and shelter to be built at the softball fields. Clint Herbst felt this facility should be treated in the same manner as the facility that was constructed at the baseball field. WAYNE MAYER MOVED TO THE WAIVE THE BUILDING PERMIT FEES AND SACIWAC CHARGES FOR THE FACILITY TO BE CONSTRUCTED AT THE SOFTBALL FIELDS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Tom Perrault asked how the waiving of the fees would be handled financially. 7. Consideration of submittin2 an offer on Ho21und property for a possible second liQuor store site and update on land prices for other possible sites. Economic Development Director, Ollie Koropchak reviewed existing cost information on various sites that may be considered for a possible second liquor store site. She indicated that sites #4 and #5 were being offered by Steiner Development and they would like to make a presentation to the Council on a proposal to lease a site. The Council discussed the various sites. The Gladys Hoglund site was adjacent to the wastewater treatment plan and had good access to County Road 75. Ollie Koropchak posed a number of questions for Council consideration which included the feasibility of building a second liquor store; getting input from the liquor store manager on the subj ect of a second site; does the purchase or construction of a second liquor store meet the goals and budget of the Council; should the City seek an appraisal before submitting an offer and did the Council want to entertain presentations from the various property owners on their site. Since the City had an interest in the looking more closely at the Hoglund site, they discussed the value of the land noting that topography of the site did not allow for all the land area to be developed. The Council noted that whether or not a second liquor store is built the site has value for possible future wastewater expansion and to provide a buffer area for the wastewater treatment plant. Susie Wojchouski felt it was somewhat speculative to purchase a site when it is not certain whether legislation about the sale of wine in grocery stores will pass. She indicated that she would be interested in a presentation on the proposal for the lease property. Brian Stumpf felt the Hoglund property could be a dual use property; that is, a possible liquor store site and a buffer for the wastewater treatment plant. Clint Herbst said he is not convinced that the City will be building a second liquor store and may not ever build it but he did agree that it would be appropriate to look at this for the wastewater treatment plant needs. Wayne Mayer stated he is not sure if the City needs a second liquor store. He does however, have qualms about leasing property for 10 years at $1,500,000. He agreed that the parcel #1 was the only parcel that could serve the dual purpose. Susie Wojchouski suggested if the City is looking at a site as far as the wastewater treatment plant needs they should contact the owner on the west side as well. 8 Council Minutes: 4/9/07 The Council suggested getting an appraisal done of the site. Rick Wolfsteller noted that the City has used a number of appraisal firms in the past, some local and some not. He noted they have gone outside this area in order to get firms that deal with primarily commercial properties. WAYNE MAYER MOVED TO HAVE STAFF OBTAIN QUOTES FROM A NUMBER OF FIRMS TO DO AN APPRAISAL ON THE PROPERTY IDENTIFIED AS THE GLADYS HOGLUND PROPERTY AND TO AUTHORIZE STAFF TO SELECT A FIRM BASED ON THE QUOTES AND SUPPLY THE COST INFORMATION TO THE COUNCIL. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Clint Herbst suggested that Public Works Director, John Simola look at the site to determine how much of the site could be used for the wastewater treatment plan. 8. Review of costs for publication of minute summary and bills. Jeff O'Neill provided some background information of the cost of publishing this information. The question posed to the Council was whether they felt this was the most cost effective and best means in getting the information out to the public. The statutes do not mandate publication of minutes and bills. Susie Wojchouski didn't feel the listing of bills needed to be published but did feel the minutes were important. She also felt it was very important for the City to support the local paper. Rick Wolfsteller stated he would like to check to determine what if anything was budgeted for publication of minutes. Wayne Mayer asked as long as the legal notices and public hearing notices are published in the official newspaper, could the City get bids from other papers as far as publishing minutes or a listing of bills. City Attorney, Tom Scott said he would like to check into this further but he thought there may be a possibility the City could do so. WAYNE MAYER MOVED TO TABLE ACTION ON THE PUBLICATION OF MINUTES AND BILLS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH SUSIE WOJCHOUSKI VOTING IN OPPOSITION. Added Items: Dog Complaint: Clint Herbst noted he had received a letter from a jogger who had been bitten by a dog. He stated he would like a report from the Animal Control Officer indicating how many calls were received; number of incidents of dog bites and follow up action. Wayne Mayer also asked about coverage on weekends. Blights: Members of the Council had received a number of calls from residents who had received blight notices. Some residents that had taken care of the blight but still received a second notice and 9 Council Minutes: 4/9/07 others commented that it was being enforced to the extreme. Clint Herbst suggested sitting down with the Building Department to go over this. Clint Herbst will sit in on this and suggested that perhaps another Councilmember should as well. It was pointed out that only notices were given out and not citations because the intent was to get things taken care of so residents could utilize Junk Amnesty Day. Deputy Register Office Manager: Clint Herbst noted that over 30 applications had come in for this position and that he was looking for two Councilmembers to sit in on the interviews. Brian Stumpf asked why the Personnel Committee was not conducting the interviews. It was stated that Patricia Mayer had submitted an application for the position. Tom Perrault asked when interviews would be conducted. Kitty Baltos stated they would screen the applications this week with interviews to be set up for the following week. Tom Perrault said once the interview schedule has been set up he would try to sit in on the interviews if his schedule allows. 9. Approve pavment of bills for April. It was asked about the supplies ordered from Spectrum Supply and whether these were items that could be purchased locally. Kitty Baltos indicated they are trying to work with Grady's Ace Hardware as a local vendor. Tom Perrault questioned that some ofthe invoices received from WSB and Associates were for older projects and wondered why that was. Brett Weiss indicated that the invoices covered as-built work which is usually done after the project is completed. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Adiourn. The meeting was adjourned at 9: 15 p.m. \Ju..l...l "" ~..A.R>:::'~.~ Recording Secretary 10