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City Council Minutes 04-23-2007 Council Minutes: 4/23/07 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, April 23, 2007 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpfand Susie Wojchouski Members Absent: None 1. Call to Order and PIed2e of Alle2iance Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A ADDrove minutes of March 22, 2007 SDeciaI Council Meetin2 - Fiber ODtics. Tom Perrault noted a correction on page 2. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE MARCH 22, 2007 SPECIAL COUNCIL MEETING RELATING TO FIBER OPTICS AS CORRECTED. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. ADDrove minutes of the ADril6. 2007 SDeciaI Council Meetin2 Annexation. SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE APRIL 6, 2007 SPECIAL COUNCIL MEETING RELATING TO ANNEXATION. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH CLINT HERBST ABSTAINING. 2C. ADDrove miDutes of ADril9. 2007 SDeciaI Council Meetin2 Biosolids WorkshoD. WAYNE MAYER MOVED TO APPROVE THE MINUTES OF THE APRIL 9, 2007 SPECIAL COUNCIL MEETING RELATING TO THE BIOSOLIDS PROJECT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 20. ADDrove miDutes of ADril9. 2007 Re2uIar Council Meetin2. Susie W ojchouski noted that Ewald Peterson's first name had been misspelled in the minutes. Tom Perrault noted a typing error on page 3. SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE APRIL 9, 2007 REGULAR COUNCIL MEETING AS CORRECTED. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 1 Council Minutes: 4/23/07 3. Consideration of addine items to the aeenda. An update on hiring for the Finance Director position and the changing nature ofthe Fiber Optics Task Force Committee were added to the agenda. 4. Citizen comments. Detitions. requests and concerns. 4A. Presentation bv Monticello-Hie Lake HosDital Jeff Young, Hospital District Board member introduced Lynn Olson, COO of the Monticello-Big Lake Hospital. Mr. Olson gave a presentation providing history of the hospital, current operations and future goals, including plans for expansion. Hospital CEO, Barb Schwientek was also present. It was noted that the information presented to the Council was also contained in a brochure that was sent to all residents in the hospital district. After the presentation Mr. Olson offered to answer any questions from the Council. 4B. Other Comments: Ron Adkins, 201 Mississippi Drive, lives adjacent to Swan Park. He indicated that his mailbox had been knocked down by the snowplow during snow removal. He also expressed his concern about the number of signs placed, in the park, on the street and on his property noting that there is a total of 19 signs posted. Other items he brought to the attention of the Council included the drainage problem on city owned land across the street from his property and a tree that had fallen down by the river. The tree had been cut up by someone so the view of the swans was not obscured but the tree had not been removed. He felt that the park was being neglected as far as mowing citing that there were times when the grass was in excess of six inches and that he ended up mowing it several times. Clint Herbst and Susie Wojchouski will meet with Mr. Adkins at the site to review the situation. Brad Fyle, 501 West Third Street, representing Lawrence Clausen, spoke regarding a blight notice that Mr. Clausen received from the City on property he owns on Linn Street. The property is the site of a tri-plex and has limited parking. Since the violation notice stated that the correction had to be made by May 7th, he was requesting an exemption from the load limits in order to accomplish compliance. Mr. Fyle indicated the blight notice stated the violation was for front street parking. Wayne Mayer stated that the original concern was a couch that was on the driveway but he was not aware of the parking violation. Clint Herbst and Gary Anderson will meet with Brad Fyle on the violation. 5. Consent Aeenda: A. Consideration of ratifying hires and departures MCC and liquor store. Recommendation: Ratify hires and departures as identified. B. Consideration of approving monthly renewal of pawn shop license for Walt's Pawn Shop. Recommendation: Approve renewal of the pawn shop license for Walt's Pawn Shop for another month. 2 Council Minutes: 4/23/07 C. Consideration of approving annual liquor license renewals. Recommendation: Approve the following licenses for July 1, 2007 through June 30, 2008 contingent upon applicants' submittal of insurance documentation and payment oflicense fees: Intoxicating Liquor On-Sale: I) Monticello Liquor, Inc.; 2) Blue 360; 3) River City Lanes; 4) Jalapeno's; 5) Hawk's Sports Bar; 6) Monticello Country Club; 7) Cornerstone Cafe & Catering; 8) Applebee's Family Restaurant; 9) Crostini's Grille; 10) Guadalajara Mexican Restaurant and 11) Rancho Grande. Intoxicating Liquor Sunday On-Sale: 1) Monticello Liquor, Inc; 2) Blue 360; 3) River City Lanes; 4) Jalapeno's; 5) Hawk's Sports Bar; 6) Monticello Country Club; 7) Applebee's Family Restaurant; 8) Crostini's Grille; 9) Guadalajara Mexican Restaurant; 10) Rancho Grande; II) VFW Club and 12) American Legion Club. Non-Intoxicating 3.2% Beer On-Sale: 1) MCC Concessions at Ballfields; 2) Lions Riverfest Celebration; 3) China Buffet and 4) Pizza Factory. Non-Intoxicating 3.2% Beer Off-Sale: I) Monticello Liquor, Inc.; 2) Cub Foods; 3) Target Store T-2l80; 4) Wal-Mart Supercenter #3624 and 5) Super American #4479 Club License: 1) VFW and 2) American Legion Wine/Strong Beer Combination License: DeAngelo's Pizza and Pasta D. Consideration of reviewing information on sign mounted traffic counting devices and approving purchase of either sign mounted device or traffic speed monitor, trailer and LED display. Recommendation: Approve the purchase of SMART Model 600 trailer-mounted speed monitoring device from Kustom Signals, Inc. in the amount of $6,530.00 not including sales tax. E. Consideration of approving advertising for Part-time Finance Clerk. Recommendation: Approve advertising externally and internally for a Part-time Finance Clerk with the possibility that this could become a full-time position at a grade 3 level with a pay range of$13.45 to $18.59 per hour. F. Consideration of approving a request for a charitable gambling license for the MS Society, Mn Chapter 00562 at Monticello Liquor, 130 East Broadway. Recommendation: Adopt Resolution No. 2007-25 authoring the State Gambling Control Board to approve a charitable gambling license to the Minnesota Chapter of the Multiple Sclerosis Society to conduct charitable gambling activities at Monticello Liquor, Inc. 130 East Broadway. G. Consideration of approving request for a charitable gambling license for the Monticello Lions at Blue 360 Sports Bar, 1114 Cedar Street. Recommendation: Adopt Resolution No. 2007-26 authorizing the State Gambling Control Board to approve a charitable gambling license for the Monticello Lions Club to conduct charitable gambling activities at Blue 360 Sports Bar, 1114 Cedar Street. 3 Council Minutes: 4/23107 H. Consideration of a request to approve preliminary and final plat for Monticello Business Center, a commercial subdivision in a B-4 District. Applicant: Wal-Mart Real Estate Business Trust. Recommendation: Approve the preliminary and final plat of the Monticello Center Business Center Fourth Addition subject to the finding that the proposed use is consistent with the intent of the B-4, Regional Business District and the Comprehensive Plan and subject to the applicant complying with all recommendations of the City Engineer as noted in the memo dated March 28, 2007. 1. Consideration to approve a resolution authorizing conveyance of city property to the HRA in and for the City of Monticello. Recommendation: Adopt a resolution authorizing conveyance of city property to the Housing and Redevelopment Authority in and for the City of Monticello. J. Consideration to adopt a resolution approving a Business Subsidy Agreement between the Housing and Redevelopment Agreement in and for the City of Monticello and WRE, LLC. Recommendation: Adopt a resolution approving a Business Subsidy Agreement between the Housing and Redevelopment Authority in and for the City of Monticello and WRE, LLC. K. Consideration of approval of plans and specifications and authorize advertisement for bids for the 2007 Street Reconstruction Program, City Project No. 2007-0IC. Recommendation: Approve the plans and specifications as presented and authorize the submittal of the advertisement for bids for publication. L. Consideration of accepting donation for Fire Department equipment from W ai-Mart and Land of Lake Choirboys and donation for lighting project at Bridge Park from the Lions Club. Recommendation: Adopt Resolution No. 2007-27 approving the contribution and authorizing the use of funds as specified by the donor. M. Consideration of approving a temporary liquor license for St. Henry's wine tasting event on June 15,2007. Recommendation: Approve the temporary on-sale license for the Church of St. Henry's for a wine tasting event on June 15, 2007. N. Consideration of request for authorization to obtain appraisals for Chadwick/Spike properties. Recommendation: Authorize staff to obtain an appraisal from a qualified commercial and residential land appraiser on the three parcels identified. O. REMOVED FROM AGENDA P. Consideration of establishing a change fund balance for MCC for ballfield concessions. Recommendation: Approve the establishment of a change fund for the MCC for the operation of the concessions at the ballfields. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #50, #5E, #5H, #5K AND #5N. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4 Council Minutes: 4/23/07 6. Consideration of items removed from the consent al!:enda for discussion. #5E Purchase o/traffic counting device: Wayne Mayer asked Street Superintendent Tom Moores to provide information on the traffic counting device. Tom Moores indicated that he had talked to Kustom Signals and explained to the company what the needs of the community are. The original price submitted to the Council at an earlier date was for a trailer with 18" letters. The City wanted 12" LED letters which dropped the cost from $11,285.00 to $6,530.00. Tom Moores felt the SMART Model 600 would meet the City's needs. He added that the bid price did not include sales tax or a down loader which is a card reader that hooks into the computer. The cost for the card is $150. Brian Stumpf noted that this was an instance that demonstrated how important it was to look at all options before making a decision. The additional research by Tom Moores provided a significant cost savings to the City. BRIAN STUMPF MOVED TO APPROVE THE PURCHASE OF SMART MODEL 600 TRAILER-MOUNTED SPEED MONITORING DEVICE FROM KUSTOM SIGNALS, INC. IN THE AMOUNT OF $6,530.00 NOT INCLUDING SALES TAX OR THE DOWNLOADING DEVICE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5F Charitable Gambling License/or MS Society o/Minnesota: Wayne Mayer stated that with charitable gambling licenses for national organizations very few dollars of the revenue generated come back to the community. He suggested staff check with the State Gambling Control Board to see if it can be determined how much would be coming back into the community. He felt the same standards other license holders comply with should be applied here as well. WAYNE MAYER MOVED TO TABLE ACTION ON THE CHARITABLE GAMBLING LICENSE FOR THE MULTIPLE SCLEROSIS SOCIETY OF MINNESOTA UNTIL THE NEXT MEETING. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5H Preliminary and final plat approval/or Monticello Business Center Fourth Addition: Because of his affiliation with Wal-Mart, Tom Perrault requested this item be pulled so that he could abstain from voting on the matter. BRIAN STUMPF MOVED TO APPROVE THE PRELIMINARY AND FINAL PLAT OF THE MONTICELLO BUSINESS CENTER FOURTH ADDITION SUBJECT TO A FINDING THAT THE PROPOSED USE IS CONSISTENT WITH THE INTENT OF THE B-4, REGIONAL DISTRICT AND THE COMPREHENSIVE PLAN AND SUBJECT TO THE APPLICANT COMPLYING WITH THE RECOMMENDATIONS OF THE CITY ENGINEER AS NOTED IN THE MEMO DATED MARCH 28,2007. Clint Herbst stated he had talked to the Gary Anderson, the Building Official about site review that was done when a gas station was proposed to be erected on the site and the fees for the site review have not been paid. 5 Council Minutes: 4/23/07 BRIAN STUMPF AMENDED HIS MOTION TO INCLUDE THAT APPROVAL INCLUDE PAYMENT BY THE APPLICANT FOR PREVIOUS REVIEW OF THE SITE BY CITY STAFF. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT ABSTAINING. #5K Plans and Specifications for 2007 Street Reconstruction, Project No. 2007-01C: Tom Perrault stated he was in opposition to the proposed width of the streets in the project area and had pulled the item from the consent agenda so he could vote in opposition. SUSIE WOJCHOUSKI MOVED TO APPROVE THE PLANS AND SPECIFICATIONS AS PRESENTED AND AUTHORIZE THE SUBMITTAL OF THE ADVERTISEMENT FOR BIDS. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. #5N Authorization to obtain appraisals for Chadwick/Spike Property: Wayne Mayer asked if the appraisal firm submitting the low price for the appraisal on the Hoglund property could also be used for this appraisal work. Rick Wolfsteller, Finance Director, indicated he would get the information on prices for the appraisal work to the Council. WAYNE MAYER MOVED TO DIRECT STAFF TO OBTAIN AN APPRAISAL FROM A QUALIFIED COMMERCIAL AND RESIDENTIAL LAND APPRAISER ON THE THREE PARCELS DESIGNATED BY THE CITY WITH THE WORK TO BE DONE IN CONJUNCTION WITH THE APPRAISAL ON THE HOGLUND PROPERTY. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION AS HE FELT THE CITY COULD NOT AFFORD ADDITIONAL LAND PURCHASES AT THIS TIME. 7. Public Rearm!!: - Consideration of adoptm!!: proposed assessment roll for delinquent utility bills and certification of assessment roll to County Auditor. Mayor Herbst opened the public hearing for the adoption of the proposed assessment roll for delinquent utilities. No one present spoke for or against the proposed assessment. Mayor Herbst closed the public hearing. BRIAN STUMPF MOVED TO ADOPT THE PROPOSED ASSESSMENT ROLL FOR DELINQUENT UTILITY BILLS AND CERTIFY THE ASSESSMENT TO THE COUNTY AUDITOR. SUSIE WOJCHOUSKI SECONDEDTHE MOTION. MOTION CARRIED UNANIMOUSLY. Wayne Mayer brought up that one of the accounts that is usually on the list of delinquent amounts is also in non-compliance with certain city ordinances. He questioned if there was any way the City could tie them together. City Attorney, Tom Scott said that could not be done. Tom Perrault noted that one of the properties listed as having a delinquent amount no longer has a structure on it. Rick Wolfsteller indicated that the delinquent amount has been removed from the assessment roll. 6 Council Minutes: 4/23/07 8. Public Rearin!!. Consideration to approve a resolution adoptin!!. of the modification to the Redevelopment Plan for Central Monticello Redevelopment Proiect No.1 and the establishment ofTIF District No. 1-38 therein and the adoption of the TIF Plan therefore. Applicant: WRE. LLC dba Walker In-Store. Ollie Koropchak provided background information on the project which is an economic district that calls for an increment over a period of eight years. Walker In-Store is relocating from Albertville. Ollie Koropchak noted that only about I Y, acres of the site is developable and the rest of the area is ponding. Eleven new jobs at $18.81 per hour without benefits will be created. Mayor Herbst opened the public hearing. There was no one present who spoke on the proposed redevelopment plan. Mayor Herbst then closed the public hearing. TOM PERRAULT MOVED TO APPROVE A RESOLUTION ADOPTING THE MODIFICATION TO THE REDEVELOPMENT PLAN FOR PROJECT NO. I AND ESTABLISHING TIF DISTRICT NO. 1-38 THEREIN AND THE ADOPTION OF THE TIF PLAN THEREFOR. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 16. Consideration of appointin!!. representatives to MonticellolBi!!. Lake (s) Joint Plannin!!. Committee and Refrain from Submittin!!. Annexation Request. Because representatives from the City of Big Lake and Big Lake Township were present, Mayor Herbst moved this item up on the agenda. On April 16, 2007 Council representatives met with representatives from the City of Big Lake and Big Lake Township regarding the recent annexation resolution adopted by the City of Monticello. The reasons for the City action were explained noting that development in the area being considered in the annexation agreement between Big Lake and Big Lake Township would have long term impacts on the City of Monticello. Traffic issues and the timing of development are key concerns for Monticello. Jeff O'Neill compared this situation to that of the City ofSt. Cloud that had to make major infrastructure changes to the roadway system because of development across the river. Monticello would have to look at similar type changes if the proposed annexation area develops. The parties involved agreed they would prefer to spend their dollars on joint planning rather than legal expenses for a contested annexation. In a proposed joint resolution by the City of Big Lake and Big Lake Township they indicated they would go with joint planning for the area if Monticello would withdraw their annexation resolution. At this point the City has issued only a Notice of Intent to Annex. Nothing has been filed with the state. Jim Thayer, Economic Development Director for the City of Big Lake stated the City will be meeting on Wednesday of this week to consider adoption ofthe proposed resolution. James Sanford from Big Lake Township indicated that they will be considering the resolution at their meeting which is later this week. There was some discussion on language of the proposed motion. City Attorney, Tom Scott suggested this language, "that the City of 7 Council Minutes: 4/23/07 Monticello withdraws it Notice ofIntent to Annex conditioned on the City of Big Lake, Big Lake Township and the City of Monticello entering into an agreement." The intent of the Council was to get the parties to the table. Clint Herbst felt Torn Scott's proposed language was appropriate. Wayne Mayer wanted to make sure that legally the motion is correct and that the City of Big Lake, Big Lake Township and the City of Monticello were all on the same page as to what will transpire next. He didn't want to take this action to appease Big Lake and Big Lake Township. Wayne Mayer wanted to make sure everything was in place before the City relinquished its rights. Clint Herbst felt the parties involved understand that Monticello has a vested interest in getting this taken care of. Brian Stumpf stated that if that is true, they should not use the term "hostile annexation" which was the term used in the Sherburne County paper. Susie Wojchouski noted that "hostile annexation" was the term used in the resolution. Wayne Mayer said in the rush to get the meeting in only three members of the Council were able to attend. Clint Herbst pointed out the difficulty of finding a date that was mutually agreeable to all members of the various entities. Clint Herbst felt the City should withdraw their Notice of Intent to Annex contingent upon passage of a resolution containing language that would be satisfactory to all three parties. Jeff 0' Neill noted he had discussed the language with Chris Hood the City's legal counsel on annexation who had expressed some concem about the language. Brian Stumpf asked how long the Notice ofIntent to Annex can be left open until it becomes null and void or lapses. Torn Scott did not have an answer for that. Clint Herbst asked if the Council had any other concems besides traffic issues. Wayne Mayer stated how the property would be zoned is also a consideration as the zoning could create different traffic patterns and traffic volumes. Wayne Mayer said creating a joint board is the way to proceed but he didn't want to give up any of the City's rights. Wayne Mayer would like the three parties to sign an agreement that the three parties will be equally represented in this planning task force. He asked if the City relinquishes its rights what assurance does the City have that they will be invited to the table on an equal footing with the other two communities. Wayne Mayer wanted to make sure the City is not excluding itself. Susie Wojchouski asked ifit was possible to table this motion until the next meeting so that Torn Scott could look at the wording. Torn Perrault didn't feel the language could be drafted at tonight's meeting. CLINT HERBST MOVED TO RESCIND THE NOTICE OF INTENT TO ANNEX CONTINGENT UPON THE SIGNING OF A JOINT AGREEMENT THAT IS APPROVED BY LEGAL COUNSEL AND CONDITIONED UPON THE THREE ENTITIES SIGNING THE JOINT AGREEMENT. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Torn Scott indicated he was of the understanding that Chris Hood would be the one to review and approve the language adding that the withdrawal of the Notice of Intent would not be effective until all three parties signed the resolution. He also noted that what the City was proposing is different from language contained in the resolution submitted by Big Lake and Big Lake Township. Brian Stumpf did ask that his question about a sunset clause for Notice of Intent be researched and the information forwarded to him. 8 Council Minutes: 4/23107 9. Review of fmancin!! options for biosolids proiect. Prior to the regular Council meeting a workshop was held on financing options to fund the proposed biosolids treatment. More detailed information is contained in the minutes of the biosolids workshop minutes. 10. Consideration of action relatin!! to bids received for the biosolids proiect. Public Works Director, John Simola updated the Council on the bids that were received on the biosolids project. Contractors bid both the Kruger drying system and the Komline Sanderson drying system. The bids for capital cost for the Kruger system ranged from $9,523,500 to $10,043,000. The bids for capital cost for the Komline Sanderson system ranged from $8,900,000 to $9,365,000. The bids came in $325,000 less than estimate. The project calls for installation of a dryer and dryer building, two filter press, odor scrubber and bagging system. The bids are good for 60 days from the date of opening (February 28, 2007) and those 60 days are nearly up. The low bidder has indicated a willingness to extend his bid price for an additional 15 days. The City has three options which include: 1) Awarding the contract to the lowest bidder, John T. Jones for $8,900,000 for the Komline Sanderson system; 2) Reject the bids and rebid the project after a short period of time at an estimated cost of $9,325,000; and 3) Reject the bids and delay the project for 1-3 years at an estimated cost of $11 ,860,000. Because the impact from industrial users on this project is considerable, Clint Herbst stated he was not comfortable with proceeding with the project at this time and felt the project should be delayed 1-3 years. Brian Stumpffelt the Council owed it to their constituents to be responsible. If the timing is not right for the project they should not go forward with it. He thanked all the members who served on the biosolids committee noting it was a lengthy process to get to this point. Susie Wojchouski expressed her concern about the industrial users that should have been brought into the project discussions earlier. Tom Perrault felt the City should proceed with this project but work within the next 1-2 weeks on financing. He noted there is additional cost in delaying this project and it does take 1-2 years to build. He does not want to see biosolids landfilled. Tom Perrault noted that there are more disposal options for the City to go with if they utilize a drying system Brian Stumpf said he doesn't look at this as a financing issue but rather as a needs issue and right now the need isn't there. Wayne Mayer said every so often an issue comes before the Council that makes you rack your brains and this is such an issue. Wayne Mayer said he didn't like the fact that the City is scraping to come up with ways to finance the project especially the need to sell the existing farm land to help finance the cost. Tom Perrault countered that by the time the land is proposed to be sold, the City would be producing dry biosolids and there would be other options for disposal of the biosolids. John Simola stated that tabling this project did not eliminate the need for certain decision making by the Council. The City currently does not have capacity for sludge storage and there are some improvements that have to be made to the existing system. 9 Council Minutes: 4/23/07 Clint Herbst said the project should be tabled so the City could take 30-60 days and take time to get it done right. Clint Herbst felt that would keep the ball moving on the decision as to what improvements need to be done. BRIAN STUMPF MOVED TO REJECT THE BIDS RECEIVED AND TABLE THE PROJECT FOR DISCUSSION FOR NO LONGER THAN 60 DAYS. Susie Wojchouski asked representatives from Sunny Fresh Foods if this was a good time frame for them. Don Roberts stated that while they only learned of this only ten days ago, they felt they would need at least 60 days to understand the issues relating to the biosolids proj ect. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. 11. Consideration of approvinl! an amendment to the Monticello Zoninl! Ordinance Chapter 3-51f1 as related to the exterior storal!e of vehicles in rear vards in residential districts. Applicant: City of Monticello. Steve Grittman provided background information noting that this amendment stemmed from the adoption of amendments to the blight/nuisance ordinances. It was felt junk vehicles or any vehicles parked in the rear yard have the same impact on a neighborhood. The ordinance amendment would prohibit parking of vehicles in the rear yard with one exception. The Planning Commission recommended approval of the amendment and discussed some other parking issues such as parking in the side yard. There may be some additional amendments to the ordinance after the next Planning Commission meeting. Brian Stumpf asked if the ordinance prohibited parking junk vehicles in front of a garage. Brian Stumpf wanted to make sure there was no loophole in the ordinance that would allow junk cars in the yard. Clint Herbst said the intent of the Council was to clean things up in town but he is afraid this Is snowballing and getting too much like big brother. Clint Herbst felt the City should be balanced in this area. Tom Perrault asked if the amendment applied only to cars or whether it included snowmobiles. Steve Grittman indicated it covered passenger vehicles only. Brian Stumpffelt if the Planning Commission is going to be addressing this in May, the City should hold off adopting this amendment until the Planning commission had completed review of the ordinance. BRIAN STUMPF MOVED TO TABLE ACTION ON THE AMENDMENT UNTIL THE PLANNING COMMISSION HAS REVIEWED AND MADE RECOMMENDATIONS FOR THE ENTIRE PARKING ORDINANCE. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10 Council Minutes: 4/23/07 12. Consideration of establishment of an overlav district applied to properties alonl!: River Street and an amendment to the Monticello Zoninl!: Ordinance Section 3-31tl rel!Ulatlnl!: front vard setback averal!:inl!:. Applicant: City of Monticello. Steve Gritlrnan indicated this matter had come to the Council earlier and the Council had sent it back to the Plaoning Commission. The Planning Commission again held a public hearing and reviewed the proposed ordinance amendment. The Plaoning Commission is recommending the elimination of the averaging requirement and going with a 30' setback. Steve Gritlrnan stated that in applying the setback rule to the lots along River Street a 30' setback produced the lowest number of non-conforming lots (only 7). Clint Herbst asked about changes proposed. Steve Grittman stated that Section F of the ordinance was proposed to be deleted as was the reference to Section F that was contained in Section C. SUSIE WOJCHOUSKI MOVED TO APPROVE THE AMENDMENT TO SECTION 3-3[F] AND SECTION 3-3[C]. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. John Sandberg, 711 West River Street, had received a notice about the Plaoning Commission hearing on the ordinance amendment. He was confused by the agenda item but stated he believed the elimination of the averaging provision and not having an overlay district would be the best route to go. 13. Consideration of cost sharinl!: for overlav of 85th Street. John Simola reported that LeRoy Kiputh, Monticello Township maintenance staff had talked to him last week about improvements to 85th Street NE. Because a portion of the City abuts this street, the township was asking about the City participating in the improvement. In further investigation it was determined that the Featherstone property which abuts 85th Street had been annexed into the City. There is a provision in the orderly annexation agreement which states that if a line road becomes the boundary the City assumes responsibility for the road. In that case the City would be responsible for closer to 1700 feet of the roadway which would run about $20,000 to improve. The township is in the process of getting ready to bid the work. Mr. Kiputh said the City could either participate in the project cost or take it off the township project if they wanted. Upon learning of this provision in the annexation agreement Tom Moores checked what other streets may be covered under this provision. The City could have as much as 3.33 miles ofline roads. There was some discussion about the intent and interpretation of the provision. It was suggested that Chris Hood, the legal counsel involved in working with the annexation, be asked about it. John Simola indicated that since nothing had been budgeted for this road improvement, he was suggesting that the City hold off until the City could determine the amount of streets the City was dealing with and start budgeting funds for it. Clint Herbst stated that he had talked to Brett Holker about getting on the same page as far as overlay and road improvements to see if there was a possibility of bundling projects for 11 Council Minutes: 4/23/07 bidding purposes. John Simola stated the City's standard specs were different than the townships. SUSIE WOJCHOUSKI MOVED TO TABLE ANY IMPROVEMENT TO 85TH STREET FOR THIS YEAR, DEVELOP A MAINTENANCE PROGRAM AND START BUDGETING MONEY IN 2008. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Wayne Mayer requested that legal counsel look at Section 9 and provide an interpretation. 14. Review of bids for Water Tower Paintinl!: and consideration of award of bids. City Proiect No. 2007-05C. The project was advertised as both a spring construction and a fall construction project. Under spring construction the project would be completed by July 15. Five bids were received ranging from $222,885 to $392,790 with full containment costs ranging from :525,000 to $75,000. Under the spring construction bid, Classic Protective Coatings is the low bidder. For the fall construction project, bids ranged from $221,000 to $317,790 with full containment costs ranging from $1 to $60,000. Under the fall construction bid, Odland Protective Coatings is the low bidder. John Simola received an unsolicited proposal from a company wanting to provide a maintenance agreement on the tower. The cost for the maintenance program is higher than what it costs the city to do the work. John Simola stated that Matt Theisen and his staff have the capability of cleaning the tower on the Monte Hill as well as the 160' tower by the theater. John Simo1a stated the City is upgrading the tank to meet some OSHA standards. It is proposed to use KLM to certify the welding inspection. This service would cost $34,425 making the total project cost $289,450. $230,000 was budgeted for the work. Staff will be coming back to the Council to select a color scheme. No logo is proposed for the tower. BRIAN STUMPF MOVED TO APPROVE ALTERNATE BID B FOR THE WORK TO COMMENCE ON AUGUST 20, 2007 WITH COMPLETION BY OCTOBER 12,2007 AND AWARD THE CONTRAT TO ODLAND PROTECTIVE COATINGS OF ROCKFORD, MN FOR THEIR LOW BID PRICE OF $221,001 INCLUDING THE FULL CONTAINMENT OPTION AND INCLUDING AUTHORIZATION TO CONTRACT WITH KLM FOR INSPECTION SERVICES. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 15. Review of Proposals for Public Works Needs and New Facilitv Study. RFP's were prepared for a Public Works Needs Study with the study focusing on one site and covering construction cost and phasing. The study would look at the long term needs of the Public Works Department. RFP's were received back from five firms. John Simola, Public Works Director and Bruce Westby, City Engineer, reviewed the five proposals and ranked them. Staff was recommending that the Council select 2-3 ofthe firms and interview them prior to the May 14, 2007 Council meeting with selection of a firm to be made at the May 14, 12 Council Minutes: 4/23/07 2007 meeting. Cost estimates for the study range from $20,200 to $31,000 with some firms reimbursing that fee if their firm is selected. TOM PERRAULT MOVED TO INTERVIEW THE FIRMS OF BONESTROO, ROSENE, ANDERLIK; JEA ARCHITECTS AND KODET ARCHITECTURAL FOR THE PUBLIC WORKS NEED STUDY WITH THE INTERVIEWS TO BE CONDUCTED STARTING AT 5 P.M. ON MAY 14, 2007. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. John Simola would like to have a Council representative appointed to a committee to review the study and evaluate the proposal. Added Items: Finance Director: The Personnel Committee met and reviewed the situation with the Finance Director position. The City's salary range makes it difficult to find good qualified candidates. Staff talked to consultants with expertise in personnel matters and determined that the City has latitude to go outside the pay range without impacting pay equity requirements. Clint Herbst felt the pay scale would have to be adjusted. The current pay range is $60,000 to $81,000. After discussion, the Council suggested a range of $70,000 to $85,000. Tom Perrault felt the City should remain with their current pay scale. Susie Wojchouski stated the City of Monticello because of their upcoming projects needs to have an experienced and qualified financial person on board. SUSIE WOJCHOUSKI MOVED TO ADVERTISE FOR A FINANCE DIRECTOR AT SALARY RANGE FROM $70,000 TO $85,000. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. Wayne Mayer asked ifthe $85,000 figure was locked in or if that could be adjusted. Fiber Optics: Wayne Mayer updated the Council on what is happening with the Fiber Optics Task Force. The fiber optics project is at a point where the focus of the committee will be shifting and as a result of this change in focus, the nature of the committee also needs to change. The Fiber Optics Task Force needs to become the City's Fiber Optics Committee with certain decision making authority delegated to them. The nature of the committee along with its responsibility and authority will be determined at a future Council meeting. 17. Approve payment of bills for April. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF BILLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 18. Adiourn. The meeting was adjourned at 10:10 p.m. o~ --b...A-O'S ~. Recording Secretary .n..... ~ - 13