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City Council Minutes 04-28-2008Council Minutes: 4/28/08 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday Apri128, 2008 - 7 p.m. Members Present: Clint Herbst, Tom Perrault, Brian Stumpf and Susie Wojchouski. Members Absent: Wayne Mayer 1. Call to Order and Pledge of Allegiance Mayor Herbst called the meeting to order 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of April 14, 2008 Special Meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE APRIL 14, 2008 SPECIAL MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4-0. 2B. Approve minutes of April 14, 2008 Regular Meeting. Tom Perrault noted some typographical errors and pointed out that the vote on agenda item #8 was 4-1. He also stated that on the motion for agenda item #11 he and Wayne Mayer had voted in opposition. He felt language should be added clarifying that Sherrie Le was not present at the meeting to provide input on the comments taken from her report. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE APRIL 14, 2008 REGULAR MEETING WITH THE CHANGES NOTED. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4-0 2C. Approve minutes of Apri121, 2008 Special Meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE APRIL 21, 2008 SPECIAL MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4-0. 3. Consideration of adding items to the agenda. The following items were added to the agenda: 1) National Day of Prayer; 2) Building needs for fiber optics; and 3) Snowplowing procedures. 4. Citizen comments, petitions, requests and concerns. None. 5. Consent Agenda: A. Consideration of ratifying hires and departures MCC, Parks, Streets, Water, DMV and Liquor Store. Recommendation: Ratify the hires and departures as identified. Council Minutes: 4/28/08 B. Consideration of approving a charitable gambling license for Monticello Youth Hockey at the Monticello Country Club. Recommendation: Adopt a resolution recommending approval of charitable gambling license for Monticello Youth Hockey at the Monticello Country Club. Res. #2008-32 C. Consideration of approval of annual renewal of liquor licenses. Recommendation: Approve the renewal of the liquor licenses contingent upon submittal of certificate of insurance and payment of fees. D. Consideration of approving appointment of Beth Osiek to fill vacancy on Library Board. Recommendation: Approve the appointment of Beth Osiek to fill the vacancy created by the resignation of Tom Parker whose term expires December 31, 2008. E. Consideration of approving a temporary liquor license for the Church of St. Henry. Recommendation: Approve the temporary liquor license for the Church of St. Henry for May 15, 2008. F. Consideration of adding a grade to the Community Center part-time pay scale. Recommendation: Approve the addition of the new grade for Program Instructor and the addition of a Program Assistant and Program Helper within another grade already established. G. Consideration of authorizing postings. 1. Economic Development Director -Recommendation: Authorize the advertising for the position of Economic Development Director. 2. Human Resources Manager. -Recommendation: Authorize the job posting for a Human Resources Manager for the City of Monticello. H. Consideration of approval of increase in the amount the change fund for MCC for operation of ballfield concessions. Recommendation: Approve the increase to the Community Center's change fund in the amount of $550 for operation of the ballfield concession stand. I. Consideration of a new three year contract with Veolia for refuse pickup/hauling and recycling. Recommendation: Accept the offer from Veolia for athree-year contract with increases of 1.25% the first year, 1 % the second year and 1 % the third year as outlined above with the agreement to take effect the last day of May, 2008. J. Consideration of adopting a resolution requesting conveyance of tax forfeited land to the City of Monticello. Recommendation: Adopt a resolution requesting conveyance to the City of parcels 155-500-144100, 155-500-144200, 155-090-000060, 155-080-000010 and 155-080-000020. Res. #2008-35. K. Consideration to call for a public hearing for the vacation of that portion of Dundas Road as related to the proposed Amax Addition and consideration to call for a public hearing for the vacation of a portion of Old State Highway Trunk No. 25. Recommendation: Move to call for a public hearing on the proposed vacation of that portion of Dundas 2 Council Minutes: 4/28/08 Road as related to the proposed Amax Addition and for the vacation of a portion of Old State Highway Trunk No. 25. L. Consideration of approving appointments to Fire Department offices for 2008. Recommendation: Approve the appointments as identified. Tom Perrault pulled agenda items #SG, #SI and #SJ and had clarifications for the following items: #5A -Ratify employee hires: Only the first list of employees was current. The other sheets were from old reports. #SB -Charitable Gambling License -Additional financial information was received from Monticello Youth Hockey. #5C -Liquor license renewals includes a license for Wal-Mart and as an employee of Wal-Mart Tom Perrault would abstain from voting on this item. #5L -Appointment of Fire Officers -The Council was not approving the appointment of the full list of officers only the Captain 4 and the Assistant Fire Chief positions. BRIAN STUMPF MOVED THE CONSENT AGENDA WITH ITEMS SG, SI AND SJ BEING REMOVED, WITH THE CLARIFICATIONS TO ITEMS SA, SB, SC AND SL NOTING THAT TOM PERRAULT WOULD ABSTAIN FROM VOTING ON SC. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4-0. 6. Consideration of items removed from the consent agenda for discussion. #SG Authorize posting for Economic Development Director and Human Resources Manager: Tom Perrault expressed his concern that there isn't an Assistant City Administrator position. He would like to have the Council consider combining the Assistant City Administrator with the Economic Development position. Clint Herbst said with both the Economic Development Director and the Human Resources Manager the City was going to see what was out there. He said it was somewhat surprising what a Human Resource Manager can command in the way of salary. He felt the City needs to see what kind of applicants they could attract. If it wasn't a good fit the City didn't need to fill the position. Tom Perrault asked if the Assistant City Administrator and Economic Development Director could be advertised as one position. Kitty Baltos said an advertisement has not been put together for the position. Combining the Economic Development Director position with the Assistant City Administrator would change the job description and could change the points. Clint Herbst felt the Human Resources Manager should go forward. Kitty Baltos indicated that the Human Resources position was being advertised as a full-time position. Tom Kelly concurred it should be a full-time position noting there are areas in Human Resources the City has let slide because no one has had time to it. With fiber optics the City will be adding another 3-4 people and there is replacement of staff that will be retiring and development of policies relating to personnel issues that need to be established. Brian Stumpf asked if the Human Resources Manager position could be a contract position and if that would impact how the City would advertise for the position. There was some discussion on the advantages of having a human resources contracted out as compared to hiring an individual. Kitty Baltos asked if the Council wanted language in the advertisement saying the Human Resources position could lead to a full-time position. Council felt initially 75% of the duties would be human resources duties and the other 25% would be other administrative duties. 3 Council Minutes: 4/28/08 SUSIE WOJCHOUSKI MOVED TO APPROVE THE ADVERTISING FOR HUMAN RESOURCE MANAGER AS AN UP TO FULL-TIME POSITION WITH OTHER DUTIES INCLUDED AND TO ADVERTISE THE ECONOMIC DEVELOPMENT DIRECTOR POSITION. Clint Herbst suggested on the Economic Development Director position the City could add that city administration experience is a plus. Tom Perrault felt the City should move forward on the Economic Development position and add language that the position may include administrative duties. Tom Kelly suggested that perhaps the Human Resources position could include some duties of an Assistant City Administrator. SUSIE WOJCHOUSKI AMENDED HER MOTION ON THE ECONOMIC DEVELOPMENT POSITION WITH THE UNDERSTANDING THAT THIS POSITION MAY OR MAY NOT INVOLVE CROSSOVER DUTIES. TOM PERRAULT SECONDED THE AMENDED MOTION NOTING HIS CONCERN ABOUT THE SIZE OF THE CITY'S PAYROLL. MOTION CARRIED UNANIMOUSLY. 4-0. #SI Contract with Veolia: Tom Perrault stated that the old contract called for a three year contract with two one year extensions. The City already has done a one year extension. Joel Jamnik, City Attorney had advised the City since this is a contract for service, the City is not required to go out for bids or get RFP's. A two year contract is typical and three years is the max. At that point other haulers could argue that the City is bordering on organized collection. Joel Jamnik had suggested the City approve this three year contract and at the end of the contract period the City could do an RFP. Clint Herbst said it was hard to look at this contract as anything but a good deal for the City. TOM PERRAULT MOVED TO ACCEPT THE OFFER FROM VEOLIA FOR ATHREE-YEAR CONTRACT WITH INCREASES OF 1.25% THE FIRST YEAR, 1 % THE SECOND YEAR AND 1% THE THIRD YEAR FFECTIVE MAY 31, 2008 AND TO CALL FOR RFP'S WHEN THE CONTRACT EXPIRES. Clint Herbst stated that the RFP doesn't help negotiate a contract. Since there was no one year extension at the end of the new three year contract, the RFP doesn't need to be in the motion. TOM PERRAULT AMENDED HIS MOTION DROPPING THE CALL FOR RFP'S WHEN THE CONTRACT EXPIRES. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4-0. #SJ Conveyance of Tax Forfeited Lands: Tom Perrault questioned what had happened here since the City had built pathways and ponds on land the City didn't own. The Council discussed the five parcels and why the City should acquire them. SUSIE WOJCHOUSKI MOVED TO ADOPT A RESOLUTION REQUESTING CONVEYANCE TO THE CITY OF PARCELS 155-500-144100, 155-500-144200, 155-090-000060, 155-080-000010 AND 155-080-000020. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4-0. 7. Public Hearing and consideration of approving delinquent utility assessments for certification to the County. Mayor Herbst opened the public hearing on the delinquent utility assessment. No one spoke for or 4 Council Minutes: 4/28/08 against the delinquent utilities. Mayor Herbst then closed the public hearing. Finance Director Tom Kelly made some comparisons the number of accounts and total dollars of delinquent utilities this quarter as compared to other quarters. BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE DELINQUENT UTILITY CHARGES AS PRESENTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4-0 8. Consideration to approve a request for preliminary and final plat for the AMAX Addition, a commercial plat in a B-3 (Highway Business) District. Applicant: AMAX Self-Storage. Steve Grittman explained the proposed preliminary and final plat for the Amax Addition. The plat creates a new development parcel lying between TH 25 and Cedar Street. The proposed plat excludes property, the former Cedar Street right-of--way, which is in dispute. The plat includes dedicated right-of--way for Dundas Road. Staff and Planning Commission recommend approval of the plat with conditions. Steve Grittman reviewed the conditions: 1) The line of the northeast corner of Lot 1, Block 1 and the northwest corner of Lot 1, Block 2 should be pushed back 20'; 2) Show the street vacations of the revised plat. A consent agenda item called for a public hearing to vacate a small portion (a 7' strip) of Dundas Road and to vacate a portion of Old TH 25; 3) Drainage and utility easements to be shown on the plat in accordance with standard plat configuration. The applicant has concrete screen wall on his site. With the platting of the property the wall will actually be within the easement. Condition #3 stated any disruption of the portion of the existing wall would be at the expense of the property owner. Clint Herbst noted the Council received a letter from Glen Posusta on this matter. Steve Grittman explained the wall is legal and not in violation of any setback. The plat consists of two metes and bound parcels which are split into one new development lot and the lot of the existing Amax Storage and Glass Hut. Steve Grittman explained that as part of any new plat, the City obtains easements. Condition #3 reflects the City's standard approach to easements. Clint Herbst said there is a lot of room between the wall and Cedar Street. Steve Grittman clarified that Public Works and Engineering both feel that activity in the easement area wouldn't need to interfere with the wall. The engineer's language is stating the City's policy. Clint Herbst asked how much the City was paying for the applicant to deed back Dundas Road. Steve Grittman said the right-of--way for Dundas Road was being dedicated as part of the plat with no payment being made by the City. Steve Grittman added it does not change the status of the roadway rather the road shows as platted right-of--way instead of an easement. Clint Herbst said there are still issues out there that have to be addressed. Clint Herbst felt the City put a lot of requirements on this development including landscaping. He felt if there was a problem with the wall and it had to be reconstructed it should not be the responsibility of the property owner. Steve Grittman stated that the reason the City amended its ordinance was so structures would remain out of the easement area. The last two conditions, #4 and #5 dealing with signage and new construction are relating to future development on the new lot. Issues such as signage and any zoning approvals would require separate approvals. Clint Herbst asked what conditions Glen Posusta was in agreement with. Glen Posusta felt there was sufficient room between the wall and Cedar Street for anything that needed to be done in the area. As far as the dedication of Dundas Road easement, it is on his plat and on the original abstract. He will donate the property to the City provided he could take the existing sign and place it at the corner inside his wall which means it will be inside the drainage and utility easement. Brian Stumpf asked why the applicant wanted the sign inside the wall. Glen Posusta responded that the sign is 5 Council Minutes: 4/28/08 perpendicular to TH 25. He wants to put the sign so it is perpendicular to Dundas Road. He doesn't have room to put it between the curb and the wall. The sign will be visible inside the wall. Steve Grittman said relocating the sign may or may not be a problem. If the sign meets the setback requirements and the provisions of the sign ordinance then Glen Posusta would just need a sign permit. If it does not meet the requirements it would require an amendment to the PUD. Clint Herbst felt if Glen Posusta donates '/2 acre of land for right-of--way the City could approve the sign. Steve Grittman said the Council could do it but it would have to be done at a different meeting since it is not part of this application. As far as condition #3 Glen Posusta would like to have this provision scratched as there is no reason to have to go inside the wall. Clint Herbst said it should be the City's expense if anything would have to be redone. Glen Posusta agreed it should not be his responsibility to fix it. Susie Wojchouski asked if sidewalk needs to go in what kind of issue would that present. She asked if sidewalk is put in over utilities and Steve Grittman responded that the City tries to avoid that. Generally the sidewalk is put in the right-of--way rather than in the easement. Steve Grittman said if the intent is to vary from the policy, it should be done as part of the development agreement which is a recorded document. Clint Herbst felt all the issues should be hammered out at this time. Glen Posusta stated the wall is on a footing which is 5' in the ground. When he dug in the area he exposed a gas line. The gas line is right next to his wall. Glen Posusta indicated that within 2-3 months there will be hard surfacing in the area so fiber optics should be designed and installed before that time. Susie Wojchouski asked if the boundary of the easement on the east side could be extended to the west side. Steve Grittman said if the City knows where the utilities are going to go that is where the City would require the easements. Shibani Bisson said since the property to the west is not developed they could not know how the property would be serviced with utilities. Staff would need to look at some kind of design for the property to make that determination. Shibani Bisson felt the question is whether there is enough room for utilities and she felt there would be. Clint Herbst said the utility companies including the City should be able to operate within the 20' easement. Glen Posusta noted the dotted lines represent the utility and drainage easements which are standard in plats. Glen Posusta said when he put the wall in he was not aware of the gas line or the easement. Susie Wojchouski asked if there is adequate space for turn lanes should they be needed on Cedar Street. Clint Herbst said the property owner would have to give the right-of--way for a turn lane. Shibani Bisson felt there was adequate space to accommodate a turn lane. Susie Wojchouski commented that going south on Cedar Street, the trees impair the site line to the east. Glen Posusta said if traffic gets heavier the intersection of Dundas Road and Cedar Street would have to be a 4-way stop. Glen Posusta said he has agreed to remove the 2 smaller evergreen trees. Glen Posusta had no changes to conditions #4 and #5. The discussion and suggestions made by Council need to be drawn up and brought back at the next meeting. BRIAN STUMPF MOVED TO TABLE THIS ITEM AND HAVE STAFF DRAW UP AN AGREEMENT BASED ON COUNCIL DISCUSSION AT THIS MEETING AND IT BRING IT BACK AT THE NEXT COUNCIL MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Items• National Day of Prayer: Tom Perrault noted there is a National Day of Prayer scheduled for May 1, 2008 at 11:00 a.m. at the flagpole area of the Community Center. 6 Council Minutes: 4/28/08 Fiber Optics Building Needs: Clint Herbst stated he was contacted by a rental company in town about locating across the street from the Community Center Building. Clint Herbst asked if the Council wanted to get involved in looking for a storefront location for fiber optics. The City can consider various options such as buying or leasing the space. The City needs to look at what type of space needs there will be for that type of operation such as how many vehicles there will be and how many employees. Brian Stumpf felt some study should be done on what is needed. It was thought that 2500 sq ft to 3000 sq ft would be required. Clint Herbst suggested getting together to work this out. Tom Kelly informed the Council that he and Jeff O'Neill are planning to meet to go over the space needs for all City operations. This would be a workshop in the first part of July. Tom Kelly thought the storefront would be needed by October. If the City rents the space an agreement should be in place by August. Clint Herbst felt this was something the entire Council should be more active in. Clint Herbst said he was not sure if the storefront could be moved to the head-in building after three years. Susie Wojchouski said the space could be used three years for the fiber optic store front but if there is lease to purchase agreement the space could be utilized by City Hall. Brian Stumpf noted that the lease to purchase option would remove the parcel from the tax rolls. Snowplowing: Clint Herbst got a call from a resident stating that when the crews were blading the snow back they were ripping up the boulevard sod. The City requires the property owner to maintain the boulevard. He felt there should be some way of dealing with the snow without ripping up the sod and thought maybe there is something that could be done differently. Ollie Koropchak Retirement: It was announced that there will be an open house on May 6, 2008 from 3 pm to 5 pm in the Mississippi Room for Ollie Koropchak who is retiring as the City's Economic Development Director. Other Items: Brian Stumpf noted that Tuesday, Apri129, 2008 at 7 p.m. is the Board of Review and on Wednesday afternoon, Apri130, 2008 they will be reviewing the RFP's for the Natural Resources Inventory. A public hearing is also being conducted by the Planning Commission on the Comprehensive Plan on April 30, 2008 at 6 p.m. 9. Consideration of approving payment of bills for April, 2008. Susie Wojchouski asked about an item under the MCC coding and was informed that they were prizes for the winners of the softball tournament which was held recently. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS, TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Adiourn. TOM PERRAULT MOVED TO ADJOURN THE MEETING AT 8:20 PM. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ~ ~ .. Recording Secretary 7