Loading...
City Council Minutes 05-11-2009Council Minutes: May 11, 2009 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday May 11, 2009 - 7 p.m. Members Present: Clint Herbst, Tom Perrault, Glen Posusta, Brian Stumpf and Susie Wojchouski Members Absent: None 1. Call to Order and Pledge of Allegiance. Mayor Herbst called the meeting to order at 7:05 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2. Approve minutes of April 27, 2009 Regular Meeting BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE APRIL 27, 2009 REGULAR MEETING. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. The following items were added to the agenda: 1) Update on problem with feral cats; 2) Curb and sidewalk by Riverside Cemetery; 3) Words of appreciation; 4) Public Works Week; 5) Awards received by the wastewater treatment plant and the Finance Department and 6) Adopt resolution approving summary publication for the recently approved sign ordinance. 4. Citizen comments. petitions. reauests and concerns. a. Public Service Announcements, if any: 1. Farmer's Market Opening 2. Bertram Chain of Lakes 3. Walk N Roll 4. Pandemic Preparation Angela Schumann made the public service announcements. The Farmer's Market will open on Thursday, May 14, 2009 at their new location on the library parking lot. The Farmer's Market will be open every Thursday until October 15, 2009. The Bertram Chain of Lakes Advisory Committee invites people out to the Family Fun Event scheduled for June 13, 2009. There will be free activities and refreshments and it is a great opportunity to enjoy this natural area. Clint Herbst suggested that information on the Family Fun Event be put on Channel 12. Walk N Roll is scheduled for Saturday June 20, 2009 at 9:00 a.m. It will start at the Monticello-Big Lake Hospital and end at West Bridge Park. It was noted that there are links on the City's website to the State Health Department and Wright County which are sources of valuable information on what you should do if a pandemic event occurs. Council Minutes: May 11, 2009 5. Consent Agenda: A. Consideration of approving a request for a one day charitable gambling license for a raffle at the High School ballfields on July 9, 2009. Recommendation: Approve the one day charitable gambling license for a raffle for Monticello Girls Fastpitch Association for July 9, 2009. B. Consideration of accepting donation of $2,500 from Land of Lakes Choirboys for Riverfest Celebration. Recommendation: Approve the contribution and authorize use of funds as specified. Res. #2009-23. C. Consideration of Neighborhood Stabilization Program Grant. 1. Resolution authorizing approved signers 2. Final grant agreement between the City and MHFA (Minnesota Housing & Finance Agency). Recommendation: 1) Approve the resolution authorizing the Economic Development Director, Finance Director and Senior Accountant the ability to sign required documents related to the Neighborhood Stabilization Program grant; 2) Authorize the Mayor and Economic Development Director to sign the final Neighborhood Stabilization Program Grant agreement between the City of Monticello and Minnesota Housing Finance Agency. Res. #2009-25 D. Consideration of approving contribution of $250 from Tom Perrault to general fund. Recommendation: Approve the contribution and authorize use of funds as specified. Res. #2009-22. E. Consideration of approving contribution of $1,000 by TDS and $1,000 by Cargill Kitchens for Bertram Chain of Lakes Activities Day. Recommendation: Approve the contributions and authorize use of funds as specified. Res. #2009-24 F. Consideration of authorizing preparation of signal justification report for School Boulevard and Cedar Street intersection. Recommendation: Authorize preparation of feasibility report including signal justification report for a signal system at School Boulevard and Cedar Street intersection while waiting for a response from Wal-Mart. G. Consideration of resolution approving summary publication of Ordinance #497, sign ordinance. Recommendation: Adopt a resolution approving summary publication of the sign ordinance (Ord Amd. #497) Res. #2009-26. H. Consideration of adopting amendment to City liquor and beer ordinances clarifying Sunday operations. Recommendation: Direct the City Attorney to review the City's ordinances relating to the sale of alcohol and make appropriate revisions which will be brought back for Council review. Items #SC and #SF were removed from the consent agenda and adoption of a resolution allowing for summary publication of the sign ordinance was added as #SG. Glen Posusta asked if regular agenda items #8 (Liquor Ordinance Amendment) and #10 (Overtime Policy) could be added to the consent agenda. Since some of the Council wanted to discuss #10 only item #8 was added to the consent agenda. 2 Council Minutes: May 11, 2009 Clint Herbst stated that the City had received contributions of $1,000 each from TDS and Cargill Kitchens for the Bertram Chain of Lakes Family Fun Event. This matches the $1,000 contribution received earlier from Xcel Energy. The City also received a contribution of $2,500 from the Land of Lakes Choirboys for the Riverfest Celebration and a contribution of $250 from Tom Perrault to the general fund. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH ITEMS #SA, #SB, #SD, #SE AND THE ADDITION OF #SG (SUMMARY PUBLICATION OF SIGN ORDINANCE AND #SH (AMENDMENT TO LIQUOR ORDINANCES) WHICH WAS ON THE REGULAR AGENDA. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. #SC Neighborhood Stabilization Program: Tom Perrault stated he was of the understanding that the Minnesota Housing Finance Agency was responsible for doing all the work for the grant funds. Economic Development Director, Megan Barnett stated according the Housing and Urban Development guidelines for this program the MHFA cannot receive the money and that is why the money goes directly to the City. Tom Perrault pointed out some corrections that needed to be made on the addresses for the cities of Monticello and Otsego. Tom Perrault noted the agreement contained a number of conditions including policies for a drug free workplace awareness program and use of excessive force policy. Since the agenda item indicated there was no budget impact by approving this item, he questioned who was responsible for seeing that these policies are in place or preparing them if the City does not already have the policies. Megan Barnett stated these policies are required by the program. Tom Perrault was concerned about what it would cost the City as far as staff time. Megan Barnett responded that the City contracted with Central Minnesota Housing Partnership (CMHP) to administer this program. It is their responsibility to make sure everything is in compliance with the guidelines. The CMHP is funded through the administrative portion of the grant. Susie Wojchouski asked about the targeted geographic areas and how they were determined. She noted also that Kevin Longley Drive was misspelled in the agreement document. Staff informed the Council that the selection process was based on the cluster of foreclosed homes in an area. West Monticello was targeted for rehabilitation assistance and other targeted areas would receive down payment assistance. There is a Neighborhood Stabilization Program training session scheduled for Thursday May 14, 2009 from 8:30 -10:00 a.m. at the Community Center. GLEN POSUSTA MOVED TO APPROVE THE RESOLUTION AUTHORIZING THE ECONOMIC DEVELOPMENT DIRECTOR, FINANCE DIRECTOR AND SENIOR ACCOUNTANT TO SIGN REQUIRED DOCUMENTS RELATED TO THE NEIGHBORHOOD STABILIZATION PROGRAM GRANT. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. GLEN POSUSTA MOVED TO AUTHORIZE THE MAYOR AND ECONOMIC DEVELOPMENT DIRECTOR TO SIGN THE FINAL NEIGHBORHOOD STABILIZATION 3 Council Minutes: May 11, 2009 PROGRAM GRANT AGREEMENT BETWEEN THE CITY OF MONTICELLO AND THE MINNESOTA HOUSING FINANCE AGENCY. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING 1N OPPOSITION BECAUSE OF THE NUMBER OF PROVISIONS IN THE AGREEMENT AND THE UNCERTAINTY OF WHAT IS ALL COVERED BY THE GRANT FUNDS. #SF Preparation of feasibility report for signal system at School Boulevard and Cedar Street: Clint Herbst indicated he had talked with Charlie Pfeffer who stated that if the signal was not put in at this time, the City could still assess Wal-Mart at a future date when the signal was installed. Consulting engineer, Bret Weiss said the agreement with Wal-Mart and Ocello should be reviewed by the City Attorney because the agreement may contain a provision that it could not be assessed at a future time. Clint Herbst said he finds it hard to believe the City would agree to this. Bret Weiss said at the time there was a lot of development activity going on in that area and it was thought the development would justify the signal going in within five years. Bret Weiss suggested moving this forward with the understanding that the City Attorney be contacted as far as determining the City's ability to assess for a signal in the future. He added if the City would install and assess the signal at some future date, the City would be assessing all benefitting properties. Under this agreement the cost of the signal is being picked up by only two property owners. Clint Herbst felt it was a shame to proceed with a signal if it is not needed. He asked if how the property develops would change how the light would need to be designed. Bret Weiss said the preparation of a feasibility report would have to be done whether the light is constructed now or at some future date. If the feasibility report is done now but the signal system is not constructed for a number of years, updating the report would be minor. He added that if the City was in the design stage it would be more costly to make changes at that time. Susie Wojchouski questioned whether waiting another 15 days for a verbal response from Wal-Mart would delay the project too long for it to be constructed yet this year. She also questioned stacking issues related to the construction of a signal at this location. Glen Posusta concurred with the question related to the stacking but also felt it was necessary for the City Attorney to provide information on the City's ability to assess this project. There was some discussion on the City's ability to get this project constructed by the October 15, 2009 time frame and whether "constructed" meant fully operational or in the process of being installed. Clint Herbst suggested waiting until the City heard from Wal-Mart and if it was determined that Wal-Mart would not extend the time frame of the agreement, the City could at a special meeting authorize proceeding with the preparation of the report. BRIAN STUMPF MOVED TO TABLE ACTION ON THE FEASIBILITY REPORT INCLUDING SIGNAL JUSTIFICATION REPORT FOR THE SIGNAL SYSTEM AT SCHOOL BOULEVARD AND CEDAR STREET. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4 Council Minutes: May 11, 2009 7. Consideration of authorization to develop terms of an agreement with the City of Big Lake to process Monticello's dewatered biosolids using Big Lake's proposed Class A biosolids dryer. Public Works Director Bob Paschke provided the background information on this item pointing out that the City has for a number of years looked at the issue of how to handle the biosolids and has done studies on constructing a biosolids dryer that would produce Class A sludge. Because of the change in economic conditions and the decline in development projects, the City Council tabled the biosolids dryer project. The City has an opportunity to work with Big Lake about the possibility of entering into a ten year agreement to work an arrangement for the drying and processing of biosolids generated by the Monticello wastewater facility. Regardless of whether the City proceeds with a joint venture with Big Lake the City would need a belt filter press to dewater the biosolids. In addition a building would have to be constructed at the wastewater treatment plant to house the drying press and, other ancillary equipment. If the City proceeds with an agreement with Big Lake, the City would incur costs for trucking the dewatered biosolids to Big Lake for treatment and hauling the finished product back. Big Lake is currently in the process of expanding their treatment facility with the expansion to be completed within 18 months. Bolton Menk, the engineering working with the City on this matter, stated the City would need the dewatering process regardless of what option the City would take for biosolids processing. In this case Big Lake is going to construct the plant and the City of Monticello would pay a cost for the treatment of the Monticello's biosolids at the Big Lake facility. Brian Stumpf questioned the ten year time frame for the agreement. Clint Herbst said the ten years may vary depending on whether the City is in a period of sustained economic growth. Bret Weiss clarified that Big Lake said they could handle the City's biosolids up to ten years. After that time the City would have to build something themselves or renegotiate with Big Lake to expand their facility. Bob Paschke said approximately every two weeks dewatered biosolids would have to be trucked to the Big Lake facility for processing. Brian Stumpf is not opposed to working with Big Lake but he didn't want to see other options omitted from consideration such as purchasing additional land for spreading the biosolids. Bob Paschke stated he did some checking on the price of land and the property owner adjacent to the City's current site for applying biosolids is asking $35,000/acre. Brian Stumpf said he doesn't want to see this as a way of getting an upgrade to the WWTP through the back door. Glen Posusta asked since the YMCA abuts the property of the current site for land application of biosolids if there is any chance of utilizing any of the YMCA area for additional biosolids application. Bob Paschke said there are a number of factors that restrict the area where biosolids can be applied. Brian Stumpf said he would go along with working with Big Lake but wanted the cost of upgrading the City's plant to be researched. Susie Wojchouski felt that even the City looked at purchasing more land for land application of biosolids it should be far away from the YMCA park. Glen Posusta felt the City should look at purchasing land because that does not go down in value. It was noted that Big Lake is permitted for 50 acres for their facility but Monticello has industrial users and produces waste with a high nitrogen content and that limits how much can be applied to the 160 acres of land Council Minutes: May 11, 2009 the City currently has. Paul Saffert of Bolton Menk said it is the current nitrogen rules that limit what can be applied on the 160 acres not whether the biosolids are dried. Clint Herbst felt the City needed to get the numbers as far as costs involved. Brian Stumpf said by voting in favor of this motion it does not mean he is in favor of the agreement if an agreement comes back to the Council. GLEN POSUSTA MOVED TO AUTHORIZE STAFF TO DEVELOP THE TERMS OF AN AGREEMENT WITH THE CITY OF BIG LAKE ALLOWING MONTICELLO TO PROCESS THE CITY'S BIOSOLIDS 1N DEWATERED FORM (14%-16% SOLIDS) IN THEIR PROPOSED CLASS A BIOSOLIDS DRYER. TOM PERRAULT SECONDED THE MOTION CARRIED UNANIMOUSLY. Brian Stumpf suggested amending the motion to include bringing back the cost for the equipment needed to upgrade the Monticello plant to accomplish biosolids drying. Clint Herbst suggested that based on the comments at this meeting engineers and staff should look at some of the options discussed. 8. Consideration of adopting amendment to City liquor and beer ordinances clarifying Sunday operations. Included and approved as #SH of the consent agenda. 9. Consideration of approving City membership in the Chamber of Commerce. Community Development Director, Angela Schumann presented the agenda item. In the past the State Auditor had interpreted the statutes as prohibiting the City from belonging to various organizations such as the Chamber of Commerce. This has since changed and the City is looking for Council approval for the City to become a member of the Chamber of Commerce. Staff reviewed the benefits of membership in the Chamber of Commerce. At the present time the MCC holds the primary membership in the Chamber and FiberNet Monticello is a subsidiary member which means the MCC pays a full membership fee and FiberNet Monticello pays a reduced rate. It is suggested that the City take the primary membership and have Hi-Way Liquors, DMC, MCC and FiberNet Monticello each being a subsidiary member. The rates for membership would be $375 for the primary member and $50 for each subsidiary member making a total membership of $575 for 2009. Since the MCC and FiberNet Monticello have paid their 2009 dues the remaining balance for membership as outlined would be $100. Glen Posusta asked what the Chamber of Commerce pays MCC when an event is held at the Community Center. Sandy Suchy of the Chamber office indicated the Chamber does not pay rental fees when they use the MCC facility. Clint Herbst felt a strong Chamber of Commerce makes for a stronger community. GLEN POSUSTA MOVED TO APPROVE CITY OF MONTICELLO MEMBERSHIP IN THE MONTICELLO CHAMBER OF COMMERCE FOR 2009. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6 Council Minutes: May 11, 2009 10. Consideration of adopting a policy governing accrual of hours during the week for the purpose of calculating overtime. Tracy Ergen, Human Resources Manager stated the City is looking at approving a new policy for calculating overtime. This came about as a result of staff discussing ways of cutting costs. The method of calculating overtime pay and the criteria for receiving double pay were items that stood out as possible ways to reduce costs. According to FLSA standards (Fair Labor Standards Act) the City is not required to use sick leave, vacation or holiday time in the calculation of overtime hours. In the past the City's policy has been more lenient and allowed those hours to be used towards overtime. Under the new policy if sick leave or vacation is used as part of the 40 hours any hours over 40 hours would be paid at straight time. In addition staff suggested eliminating the double time for hours worked on Sundays or designated holidays. Tracy Ergen didn't feel this would generate a huge cost savings but it would help some. In addition this is a practice that other cities are using as well. Clint Herbst felt that it made sense to do what the private sector does. Tracy Ergen noted that the policy on overtime and double time would affect hourly employees only and would not pertain to the union. Tom Perrault asked which holidays this would apply to and Tracy Ergen indicated the City has 10 %2 holidays. Brian Stumpf felt the policy should be consistent and apply to either all the holidays or to none. GLEN POSUSTA MOVED TO AUTHORIZE ADOPTING A NEW OVERTIME POLICY THAT CONSISTS OF FOLLOWING FLSA GUIDELINES STRICTLY AND NOT COUNT VACATION, SICK LEAVE, HOLIDAY OR COMP TIME TOWARDS HOURS WORKED IN THE CALCULATION OF OVERTIME. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. GLEN POSUSTA MOVED TO PAY HOURS WORKED ON THE WEEKENDS AND HOLIDAYS AT 1 'h TIMES IF OVER 40 HOURS IN THE WORK WEEK. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added items: Feral Cats: Brian Stumpf brought up a problem with feral cats in the Marvin Elwood Road/Prairie Road area. He has been in contact with Patty Salzwedel, the animal control officer. She is talking about the possibility of live trapping the cats. She has also contacted some of the parties involved. Brian Stumpf will keep the Council informed on this matter. Curb and Sidewalk Riverside Cemetery: Tom Perrault indicted that the sidewalk and curb is in poor shape and it appears to be spalling. Bret Weiss said the City requires a two year warranty from the contractor when they accept the work and he believes that the City had only recently accepted this project. Tom Perrault also noted problems with the sod and turf in the area where construction took place. Bret Weiss said the contractor maintains the sod for a limited period of time and then it is the property owner's responsibility to make sure it is watered. Council directed staff to look into this. Appreciation: Tom Perrault wanted to thank those who came to the National Day of Prayer on Thursday and those who participated in the March of Dimes walk. Recognition: Clint Herbst stated the City had received a certificate of commendation for the 7 Council Minutes: May 11, 2009 wastewater treatment facility. The City has received this award several times and he felt this reflected well on the quality of the staff and the operations of the facility. Clint Herbst announced that May 17-23, 2009 was Public Works Week. The Finance Department was given an award for the 2009 Distinguished Budget Preparation Award from the NGFOA of the United States and Canada. Monticello is one of 28 government entities who received the award and is the only in Wright or Sherburne County. Clint Herbst felt the City was much more accountable and that the processes have been changed. Tom Kelly explained the budget is reviewed by three people outside the State of Minnesota. Reviewers comment on how to make the budget document better so the City will always be trying to improve the document. He received this award at both Falcon Heights and White Bear Township. In about a month there will be a formal presentation of the award at the Council meeting. Junk Amnesty Day: Clint Herbst noted he had received a copy of the Junk Amnesty Day report. He wanted to thank those who contributed including Caribou Coffee, Wal-Mart, Cub Foods and Hi-Way Liquors. 11. Auurove payment of bills for May. Glen Posusta questioned the bill from Mn Park and Recreation on the cost of training the MCC staff received as he thought the rate was rather high. He also questioned the $4,000 change order on the head end building. Bob Paschke informed him that covered the previously approved service drive. Tom Perrault asked how much money was being spent on the community garden. He noted the fencing, irrigation system and building that was put in place. Jeff O'Neill said he would come up with a list of costs including staff time for this project GLEN POSUSTA MOVED TO APPROVE PAYMENT OF THE BILLS. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Adiourn TOM PERRAULT MOVED TO ADJOURN AT 8:20 P.M. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 8