Loading...
City Council Minutes 10-27-2008Council Minutes: October 27, 2008 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday October 27, 2008 - 7 p.m. Members Present: .Clint Herbst. Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski. Members Absent: None 1. Call to Order and Pledge of Allegiance 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 October 13, 2008 Special Meeting. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE OCTOBER 13, 2008 SPECIAL MEEETING. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of October 13, 2008 Special Meeting -River Street. Brian Stumpf said contrary to what was reported he was not in agreement to open River Street with signalization. He is opposed to any signalization of the intersection. SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE OCTOBER 13, 2008 SPECIAL MEETING ON RIVER STREET. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2C. Approve minutes of October 13, 2008 Regular Meeting. Tom Perrault noted in the discussion of building permits and standards under "Added Items" that it is state statute that the resident is required to provide a ladder for the inspector to use in inspections and not the contractor as the minutes indicated. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE OCTOBER 13, 2008 REGULAR MEETING. WITH THE CORRECTION NOTED. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Discussion of the fall leaf pickup was added to the agenda. Susie Wojchouski asked that item #12 relating to the management of the swan population be moved up on the agenda. Jeff O'Neill stated that item #10 on the acquisition of property for the Bertram Chain of Lakes project should be tabled. Council Minutes: October 27, 2008 4. Citizen comments, uetitions, requests and concerns. Jay Morrell, 10054 Ickler Avenue spoke to the Council regarding the fiber optic projects that are taking place in the city. He stated although he lives outside the city limits he does own property within the city. Mr. Morrell reminded the Council that as leaders of the community they have a fiscal responsibility to the residents of Monticello. With both the City and TDS installing fiber optic systems within the City he felt there was an opportunity for them to work together to provide this service to the residents in the most cost effective way. The action of the Council can influence the cost of the project and where the lines are being placed. He believed that instead of operating two systems the City and TDS should negotiate on the providing the service. He added that two competing systems split the market which he felt was not good for the City or for TDS. Areas where he felt negotiation would be beneficial included rates; upgrades and lease and/or purchase of equipment and buildings. Jay Morrell cited the negotiations that brought the NSP power plant into the city limits as an example of how negotiation had benefitted both the City and the Township. He added that egos and past grudges get in the way of negotiations. If negotiation doesn't prove helpful the City can at least say they attempted negotiation. Jay Morrell also brought up the fund for the City's fiber optic project and asked what would happen if the City defaulted on the bonds. Clint Herbst responded that because the bonds for the fiber optic project were revenue bonds, the revenue from the operation of the fiber optic system would be used to pay them off. He felt the impact of any default on the bonds would be minimal for the taxpayers of the city. Clint Herbst went on to say that the City has extended an offer to TDS to work on issues relating to the fiber optic projects but TDS has not responded to the offer. TDS had sent out many mailings relating to the fiber optics but never specifically stated they were going to be installing fiber optics until the time City came up with their project. He talked about how the City had to stand up to telecommunication firms and tell them that the City can't be falling behind in because the utility companies don't want to invest in the technology. Clint Herbst said if TDS wants to negotiate the City is willing to do so. Wayne Mayer added that even if the City wants to do some negotiating they couldn't until the 30 day appeal process is over. Jay Morrell commented that it takes a big man to extend his hand. Even though the City won the court decision he felt they should explore the possibility of negotiating. He agreed that both parties have to come to the table with ideas on resolving the issues. As a taxpayer he felt the City should pursue all the avenues in looking at this matter. Dan Lemm, 11380 Cameron Avenue commented on the fiber optics as well stating that TDS is not a private enterprise but a utility company adding that because TDS had the market cornered no other telecommunication firm could come into the City. 5. Consent Agenda: A. Consideration of ratifying hires and departures MCC and Building. Recommendation: Ratify the hires and departures as identified. 2 Council Minutes: October 27, 2008 B. Consideration of accepting preliminary assessment rolls for Kevin Longley Drive and Jerry Liefert Drive Street Improvements, City Project No. 2008-1OC and calling for a public hearing. Recommendation: Accept the preliminary assessment rolls for City Project No. 2008-1OC, Kevin Longley and Jerry Liefert Drive Improvements and set the public hearing for November 10, 2008. Res. # 2008-87. C. Consideration of approving renewal of charitable gambling license for Monticello Youth Hockey. Recommendation: Adopt resolutions authorizing the State Gambling Control Board to renew the charitable gambling license to Monticello Youth Program, Inc. for charitable gambling activities at Hawks Sports Bar and Grill and the Monticello Country Club. Res. #2008-85 and Res. #2008-86. D. Consideration of acceptance of third quarter financial report for the City. Recommendation: Accept the 3rd quarter financial status report. E. Consideration of calling for a public hearing to vacate a portion of Territorial Road. Recommendation: Move to call for a public hearing on November 10, 2008 to vacate a portion of Territorial Road. F. Consideration of an Identity Theft Prevention Program. Recommendation: Approve the City of Monticello's Identity Theft Prevention Program. G. Consideration to review and respond to a request to waive ordinance requirements regulating public nuisances. Recommendation: Move to deny waiver of ordinance requirements regulating compliance with Section 1 of Chapter 7-1 of the Public Nuisance Ordinance based on a finding that the ordinance provides for a consistent method of maintaining vacant properties and serves the public purpose. H. Consideration of alternatives leading to resolution of Lunsten/Posustaland issues. Recommendation: Move to authorize settlement payment in the amount of $10,000 to Glen Posusta to settle claims relating to City action that complicated and added cost associated with disposition of vacated right of way located directly adjacent to the Posusta parcel with the payment being conditioned upon receipt of a release and quit claim deed from Glen Posusta and his spouse. Wayne Mayer pulled items #SC, #SG and #SH from the consent agenda. BRIAN STUMPF APPROVED THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #SC, #SG AND #SH AND WITH AGENDA ITEM #10 BEING TABLED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. #SC Renewal of charitable gambling license for Monticello Youth Program: Wayne Mayer stated he pulled this item so he could thank the Monticello Youth Program for getting their paperwork to the City in a timely manner and for the thoroughness of their report. WAYNE MAYER MOVED TO ADOPT THE RESOLUTIONS AUTHORIZING THE STATE Council Minutes: October 27, 2008 GAMBLING CONTROL BOARD TO RENEW THE CHARITABLE GAMBLING LICENSE TO THE MONTICELLO YOUTH PROGRAM FOR CHARITABLE GAMBLING ACTIVITIES AT HAWKS SPORTS BAR AND GRILL AND THE MONTICELLO COUNTRY CLUB. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #SG Request to waive ordinance requirements regulating public nuisances. Wayne Mayer questioned which alternative action staff was recommending. Staff's recommendation was for alternative #3 which was to deny the request for a waiver from the requirements. Clint Herbst felt this was something that should monitored closely. He felt the City should stay with the policies they have in place and address the issues raised by the developers and staff over the winter. The consensus of the Council was to maintain existing standards but also explore other options. WAYNE MAYER MOVED TO DENY A WAIVER OF ORDINANCE REQUIREMENTS REGULATING COMPLIANCE WITH SECTION 1 OF CHAPTER 7-1 OF THE PUBLIC NUISANCE ORDINANCE BASED ON A FINDING THAT THE ORDINANCE PROVIDES FOR A CONSISTENT METHOD OF MAINTAINING VACANT PROPERTIES AND SERVES THE PUBLIC PURPOSE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #SHAlternatives for resolution of Lundsten/Posusta land issues: Wayne Mayer said he was against it when the parties were seeking $40,000 in compensation and he is against it when they are seeking $10,000 which is why he pulled the item. Clint Herbst stated he met with Glen Posusta and the City's legal counsel regarding this issue. In a previous meeting the City had offered to pay a certain amount of money for legal costs to get this issue cleared up. Glen Posusta has in excess of $3,000 in legal fees on the land dispute. The City's legal counsel felt $10,000 could be spent very easily if the matter was taken to court. In the proposed agreement the property would go to John Lundsten and Glen Posusta would be compensated in the amount of $10,000. Brian Stumpf wanted some assurance that there would be no legal recourse against the City by the parties involved once the payment was made. Wayne Mayer said his understanding was that the City gave a quit claim deed to the property which meant the City was giving up any interest they had in the property but was not warranting title to the property. He felt it was a title squabble. City Attorney Tom Scott replied that John Lundsten stated that while the City only gave a quit claim deed the City represented that they were conveying the property to John Lundsten. Tom Scott felt the City had a strong argument because of the quit claim deed but not necessarily a fool proof one so the City could be tied up in legal action. The recommendation was to pay the small sum to get this issue behind the City. Brian Stumpf felt it was important to get this issue cleared up but he wanted some assurance in the agreement that the parties involved could not come back to the City with additional claims. Tom Scott indicated as part of this process the City will be receiving a release from Glen Posusta and John Lundsten has acknowledged that he does not have any other claims. If he gets the quit claim deed and title insurance John Lundsten indicated he would be satisfied. Glen Posusta offered, if the City did not want to pay $10,000 in cash, to consider a reduction in the assessments against his property. Tom Scott said it would be a reduction in the principal amount of the assessment. BRIAN STUMPF MOVED TO AUTHORIZE SETTLEMENT PAYMENT IN THE AMOUNT OF $10,000 TO GLEN POSUSTA TO SETTLE CLAIMS RELATING TO CITY ACTION 4 Council Minutes: October 27, 2008 THAT COMPLICATED AND ADDED COST ASSOCIATED WITH DISPOSITION OF VACATED RIGHT OF WAY LOCATED DIRECTLY ADJACENT TO THE POSUSTA PARCEL. THE PAYMENT IS CONDITIONED UPON RECEIPT OF A RELEASE AND QUIT CLAIM DEED FROM MR. POSUSTA AND HIS SPOUSE. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED WITH WAYNE MAYER VOTING IN OPPOSITION. 12. Consideration of City participation in management of the swan population within the City. At the request of Susie Wojchouski this item was moved up on the agenda who clarified that the request was not being made by Sheila Lawrence but by the Chamber of Commerce, Trumpeters Swan Society and Three Rivers Park District. Jeff O'Neill provided background on the swan population and the process of caring for the birds. A number of entities were present at the meeting to discuss how to care for and control the swan population. There needs to be a dialogue on where the swan management program is going and what part the City should play in it. Jeff O'Neill recommended after the discussion tonight a committee should be set up to work with the parties involved to determine how the management of the swans can best be handled. Madeleine Linck, a wildlife technician for Three Rivers Park District and a member of the Trumpeter Swan Society spoke. The park district has a permit to deal with the trumpeter swans within 50 miles of the park. She gave a history of the trumpeter swan in Minnesota. In the 1960's the park district got involved in restoring the trumpeter swan in Minnesota. She noted the birds in Monticello came from stock in Montana and Alaska. Unlike other birds that fly south based on instinct the trumpeter swan must teach their young to fly south. There are over 2,500 trumpeter swans in Minnesota. In order to encourage the swans to migrate the Minnesota Non-Game program committee determined that the birds in Monticello should not be fed until January 1St. If feeding is delayed it is hoped some of the bird will leave the area to look for food. Three Rivers Park has been working with the swans and will continue to do so. However, they do not have the staff needed on a daily basis for approximately six weeks to conduct activities in the area the swans are located in that would discourage the swans from remaining in the area. While the park district is looking for staff help, the Chamber of Commerce and Sheila Lawrence may have a different purpose. Susie Wojchouski said this is a test to see if %2 the flock could learn to go somewhere else. The Chamber of Commerce estimates that about $500,000 in revenue is generated by those who come to watch the swans. For that reason the Chamber of Commerce felt the City should consider participation in this endeavor. She suggested that Park Department staff could walk along the shoreline to discourage the swans from remaining there. Wayne Mayer asked if any thought had been given to installing a temporary fence or barricade to prevent them from going beyond their feeding area. Sheila Lawrence said she will agree to the feeding restrictions as long as there is something being done to discourage the birds from staying there. Wayne Mayer is concerned about providing city staff to chase the swans away. Wayne Mayer said one of the pieces of information he received said that Sheila Lawrence does not need additional financing. He suggested the Chamber of Commerce forma 501 C to generate funds for this purpose rather than have the city and taxpayers take care of this project. Madeleine Linck wanted city staff to chase the birds and pick them up if they are wandering from their base. Park Superintendent Tom Pawelk said the Parks Department does not have any seasonal 5 Council Minutes: October 27, 2008 employees at this time that could do this. He also stated his department helps with snowplowing and he didn't think the City would want to take staff away from work for this purpose. Clint Herbst felt the City should help work out a plan but emphasized that there are other community groups that should become involved. Susie Wojchouski felt a small group needs to be set up to look at the issue. As far as Madeline Linck's request the City didn't know if staff would have time to do this. Brian Stumpf said when the small group is made up it should include the City's animal control person. He felt there is a need to have someone experienced in handling these animals. Tom Pawelk said in the past when dealing with the swans, the park department staff has asked the DNR office to assist them. SUSIE WOJCHOUSKI MOVED TO SET UP A SMALL GROUP COMMITTEE TO LOOK AT OPTIONS FOR MANAGEMENT OF THE SWAN POPULATION. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Susie Wojchouski and Clint Herbst will serve on the committee and Tom Perrault indicated if possible he would try to attend those meetings as well. 7. Public Hearing and consideration of adoation of assessments for delinquent utilities. Mayor Herbst opened the public hearing for delinquent utilities. Annie Sparrow, 14845 Crow River Drive, Rogers was present to address a delinquent bill for a blight that is proposed to be assessed against Lot 1, Block 3 of Hunters Crossing. She stated that an assessment search had been done and that she had stopped by City Hall and talked to the Building Department about assessments and nothing indicated that there were any unpaid assessments out there. A short time ago the new owner received a notice of a delinquent blight bill that was proposed to be assessed again the property. She questioned why this did not show up on the special assessment search and also why work that was done in 2007 was only being billed now. The buyer had no way of knowing there was an unpaid assessment out there. Tom Kelly, Finance Director pointed out that this was the public hearing for delinquent utilities and the public hearing on the delinquent accounts receivables would be coming up next. Tom Kelly stated that the assessment search that was done on the property was not done by the City so he did not know where the information that was on the search came from. However since this was the hearing for delinquent utilities, the Council would act on the delinquent utility assessments before addressing this issue. Mayor Herbst then closed the public hearing. BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE DELINQUENT UTILITY CHARGES AS PRESENTED. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Public Hearing and consideration of adoation of assessments for delinquent miscellaneous accounts receivable. Mayor Herbst opened the public hearing for the adoption of delinquent miscellaneous accounts 6 Council Minutes: October 27, 2008 receivable. Tom Kelly stated that the foreclosure problem had disclosed some weaknesses in the process in tracking the blights. He also reiterated that the search was not done by the City but by another entity. The City will have a new financial system in place in January that will track everything by PID. In the interim staff is taking every possible step to ensure that accurate information is available. Tom Kelly explained that these accounts are only certified to the County once a year so some of the invoices were for work done in 2007. He added that the City's recourse to collect these unpaid amounts is to attach it to the property. Annie Sparrow felt her client should not be responsible for the bill since she did not incur it. She indicated that in one of the closing documents the seller agreed to be liable for pending assessments up to a certain dollar value. Clint Herbst asked legal counsel if the document referenced by Ms. Sparrow would allow them to go after the seller. Tom Scott said they could either go after the seller or take it to small claims court. Brian Stumpf expressed his concern about how many other properties are out there that are similar to this situation. Tom Kelly noted in the interim between getting the new financial program in place the processes are being changed in an attempt to keep any properties from falling through the cracks. Staff noted because these charges are out there for as long as a year there can be multiple transfer of the property and the person who buys the property could be 2-3 owners down from the person who originally incurred the bill. Tom Kelly explained the process followed for the delinquent accounts receivable and the steps staff is taking to reduce the likelihood of a similar situation arising. Mayor Herbst closed the public hearing. Clint Herbst felt the City should go after the party that was originally invoiced. BRIAN STUMPF MOVED TO THE ADOPT THE ASSESSMENT ROLL FOR DELINQUENT ACCOUNTS RECEIVABLE CHARGES WITH THE EXCEPTION FOR PARCEL 155-172- 003010. THE CHARGES FOR THIS PROPERTY WILL BE TURNED OVER TO THE CITY'S LEGAL COUNSEL TO PURSUE COLLECTION FROM THE PREVIOUS PROPERTY OWNER. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of_approving RFP for architectural services for DMV building and garage remodel nroiect. Tom Kelly explained that originally staff had drafted an RFP for design build but upon review staff and consultants had a concern that the design build would cost the city more than having an architect design it and a contractor build it. There was concern about whether there was adequate lot area to handle the needs of the DMV/Building Department for this site. There was also the question of how utilizing the full area of this lot would impact any future expansion plans for the fire hall site. Susie Wojchouski felt a temporary fix could be made to the DMV building and the City could let the remodel of the garage/storage facility go for a couple of years. Brian Stumpf felt with the potential of doing drivers licenses the present DMV facility would not be able to handle that. 7 Council Minutes: October 27, 2008 Ann Johnson Deputy Registrar Manager said they could do limited drivers license such as issuing duplicates or changing addresses. Ann Johnson said there is a demand for this service and if the Monticello DMV doesn't jump on this opportunity it could go to another community. Susie Wojchouski asked if adding the drivers' license function justified the cost of the building project. Ann Johnson said at the present time the DMV brings in about $20,000-$30,000 a month net. The Deputy Registrar organization is putting a forth a request for an increase in fees since they have gone without an increase for several years. Tom Kelly said if the Council does not want to go forward with the relocation project, they could look at the existing DMV building to see if there is some way they could incorporate the cameras and other features needed for the drivers' license. Clint Herbst said time wise it is not required to get it done this year. He said he realizes there are concerns about the size of the site. There is also concern that overflow parking will move onto the Fire Department site. Tom Kelly said an architect could tell them if the existing garage site would work. Ann Johnson said the existing building has been neglected and if the DMV is to remain there some repair/maintenance work needs to be done. Tom Perrault felt the excess land at the library should be considered as a site. If DMV could be relocated there it would concentrate more of the government activities in a central location. If the DMV relocates the food shelf and clothing site could be expanded at their present location. Brian Stumpf felt some modification could be made to the existing site to get them by for a few more years. Tom Kelly reported that the owner of the former AV store expressed some interest in having the City lease or purchase the building. Brian Stumpf said it is nice to know that option is available. The current tenant Apollo Glass is going to be moving shortly. TOM PERRAULT MOVED TO TABLE GOING OUT FOR AN RFP FOR EITHER ARCHITECTURAL SERVICES OR DESIGN/BUILD AND TO HAVE STAFF LOOK AT OTHER OPTIONS TO BRING BACK TO THE COUNCIL. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of approval of agreement between YMCA. City and County relating to acquisition of Phase I of YMCA property for Bertram Chain of Lakes Proiect. Tabled. 11. Consideration of establishing meeting times for: 1) Transportation Plan Workshop; 2) Interview applicants for Public Works Director position; 3) Evaluation of City Administrator The City Administrator submitted a list of tentative dates for workshops/meetings for the Council to consider the Transportation Plan; conduct interview for the Public Works Director position and evaluation of the City Administrator. In addition a joint meeting of the City Council, EDA and Planning Commission was also being discussed. Brian Stumpf felt they were trying to cram too much in such a short period of time. He noted that he will be out of town on November 6th and suggested that the interviews for the Public Works 8 Council Minutes: October 27, 2008 Director beheld on Monday November 3rd from 4 pm to 7 pm. The City Administrator Review and the Natural Resources Inventory would be scheduled for Monday November 10th with the Natural Resources Inventory being held from 5 pm to 6:30 p.m.; the City Administrator review from 6:30 p.m. to 7 p.m. and the regular Council meeting starting at 7 p.m. Wednesday November 12th was suggested for the workshop on the Transportation Plan. It was noted that the EDA would be meeting on that date. The Council discussed whether to schedule it on November 19th or 24th and decided to schedule it on November 19th. While a specific date for the joint Council/Planning/EDA meeting was not set it is anticipated that it would take place early in December. 12. Consideration of City participation in management of the swan population within the City. Moved up on the agenda. 13. Department Report - Administration/Building Department. (Verbal/Power Point) Jeff O'Neill gave a report on the follow up to a goal setting session done in May. At that time projects were identified and prioritized. He then went on to list the various projects in each department that were accomplished and the status of those not completed. It is anticipated in January there would be another goal setting session followed by a prioritization of the goals. Gary Anderson, Chief Building Official stated presently the Building Department consists of three full-time inspectors and three part-time inspectors under the direction of the Community Development Director. He noted their office was assisted by the receptionist, two part-time financial department staff and an individual from the temporary service. Their work consists of general building activity; storm damage from the hail storms in May; property maintenance including blights and rental ordinance. Information was provided on the number and types of permit issued thus far in 2008. It was pointed out that there are 869 different contractors working in the City. Additional information was provided about the number of inspections handled by staff and questions/comments generated by the Citizens request desk. Added Items: Leaf Pickup: Clint Herbst questioned the timing of the leaf pickup since there are still so many leaves that have not come down yet. He suggested moving it back a week or two. Public Works Director, John Simola indicated that in November they could be dealing with the issue of snow so they have generally tried to hold it towards the end of October, usually the last Saturday. John Simola indicated that next year the leaf pickup would require the use of compostable bags. Bud Schrupp: Mayor Herbst noted the passing of Bud Schrupp, a local business owner and offered condolences to the family. 14. Consideration of approving payment of bills for October, 2008. Tom Perrault questioned the bill for the decal work for the Public Works Department. John Simola stated the decals are used on equipment and there is also a decal for on the street lights. They have not ordered any for some time and they had to so now. He also questioned 9 Council Minutes: October 27, 2008 an invoice for repair of a shed and wanted to know which shed that was. John Simola indicated he would find out and let him know. Lastly Tom Perrault noted that a bench had been donated for Otter Creek by a family in memory of their son. TOM PERRAULT MOVED TO APPROVE PAYMENT OF THE BILLS. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 15. Adiourn TOM PERRAULT MOVED TO ADJOURN AT 9:50 P.M. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 10