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City Council Minutes 06-08-2009Council Minutes: June 8, 2009 1 MINUTES REGULAR MEETING – MONTICELLO CITY COUNCIL June 8, 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 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of May 26, 2009 Special Meeting SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE MAY 26, 2009 SPECIAL MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B Approve minutes of May 26, 2009 Regular Meeting Tom Perrault had two corrections: 1) Page 4 – On the matter relating to Marvin Road, he clarified that the piles of dirt were shoved into two areas going towards the ponds and not piled and; 2) On the River Street closure item he noted that the February 29, 2009 date was incorrect. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE MAY 26, 2009 REGULAR MEETING WITH THE CORRECTIONS NOTED. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. The following items were added to the agenda: 1) Tree trimming at Elm Street and Country Road 39; 2) School Boulevard speed limits and signage; 3) Disc golf at Par West Park; and 4) Blights 4. Citizen comments, petitions, requests and concerns. a. Public Service Announcements, if any: No Public Service Announcements. Steve Conroy, a business owner at 261 East Broadway came before the Council regarding a sewer backup at his place of business. The blockage occurred where the service line joins the main line. In this case the main line was on the other side of the street from his business. The line was snaked and the blockage removed. Matt Theisen, the Sewer/Water Superintendent informed Mr. Conroy of the City’s ordinance which states that the property owner is responsible for the sewer line up to the main. He is asking Council to take a look at this provision to determine if it is still warranted. Council Minutes: June 8, 2009 2 Glen Posusta stated he did not believe this was a good provision and felt some kind of amends should be made to Mr. Conroy for the cost he incurred. The City Administrator and Public Works Director will look into this. b. Marshall Smith and Dr. Joseph Mahoney – New River Medical Center: Annual Report. Marshall Smith, CEO of New River Medical Center introduced himself and Dr. Joseph Mahoney, the City of Monticello’s representative on the hospital board. Marshall Smith stated the facility is a critical access facility. To be designated as a critical access facility, the facility must be at least 35 mile from the metro area and off the freeway and be a 25 bed facility. On June 1, 2009 the Monticello Big Lake Hospital and Nursing Home became the New River Medical Center. He discussed the entities New River Medical Center works with which include North Memorial Hospital, Centra Care Health System, and Rehab Care among others. Statistics from 2007 and 2008 were compared as far as number of births, number of outpatient visits and total days in the hospital. He noted there is an increase in emergency room activity. With the slow economy and an increasing number of unemployed and uninsured people, the emergency room is where many people come for primary health care. New River Medical Center also owns their own ambulance service with one ambulance located in Big Lake and one in Monticello. New River Medical Center receives 3% of their revenue from taxes, 4% from other revenue including investments, 11% from the nursing home and 82% from the hospital. Marshall Smith talked about the benefits to the community from the presence of New River Medical Center. Besides providing medical care they employ 375 people and have made a number of capital improvements that have added to the tax value of their facility. He talked about the quality care their facility provides and their compliance to federal mandated standards. New services provided by the facility include the cancer treatment center, in-patient rehab, expanding the Big Lake ambulance service hours and upgrading the CT scanner. He stated they are continuing to provide access to quality medical care. Clint Herbst responded that a quality of life issue is the quality of medical care that is available and he felt Monticello was fortunate to have a facility like New River Medical Center within the city. Tom Perrault asked about the possibility of VA services being provided in Monticello. Marshall Smith gave an update on this possibility but stated they are still waiting to hear from the Veteran Administration. He did add that the VA service is a federal designation and that the VA plans to have a designated facility in the northwest quadrant of Minneapolis. However, if New River Medical Center is not the selected site there are alternative uses for the space they have available. 5. Consent Agenda: A. Consideration of approving new hires and departures for MCC, Streets, Parks and Sewer/Water. Recommendation: Ratify the hires/departures for MCC, Streets, Parks and Sewer/Water as identified. Council Minutes: June 8, 2009 3 B. Consideration to ratify the April 1, 2009-March 31, 2011 negotiated labor agreement between the City of Monticello and International Union of Operating Engineers, Local 49. Recommendation: Ratify the 2009-2011 union contract. C. Consideration to approve a request for an extension of an interim use permit for the Alternative Learning Program located in an I-1 (Light Industrial) District. Recommendation: Approve the interim use permit for the Alternative Learning Program for a three year period based on a finding that the use continues to raise no issues with the surrounding users and continues to comply with the following conditions: 1) A short term termination date is established to ensure that the City’s industrial development objectives were not affected by the location of the school facility in industrial areas; 2) The building was remodeled only to the extent that convenient re-use by office or industrial users would still be possible and 3) The parking was judged to be adequate for the school use of the property. D. Consideration to approve a request for extension of a conditional use permit for a Planned Unit Development for Mills Fleet Farm Addition. Applicant: Mills Properties, Inc. Recommendation: Approve an extension of the June 25, 2007 conditional use permit for concept and development t stage planned unit development and preliminary plat for the proposed Mills Fleet Farm for a period of one year with the condition that all previously approved conditions be assigned to the extension. E. Consideration to approve a request for extension of a conditional use permit for a drive-through facility in the CCD. Applicant: Masters 5th Avenue. Recommendation: Approve an extension of the September 12, 2005 conditional use permit for joint parking and drives and a drive-through facility for Masters 5th Avenue through August 1, 2011 with the condition that all previously approved conditions be assigned to the extension. F. Consideration of accepting a donation of $325 from Cargill Kitchen Solutions for Flowers on Broadway $100 from Goldberg Bonding for National Night Out. Recommendation: Approve the contribution and authorize use of funds as specified. G. Consideration of approving 2008 Storm Water Pollution Prevention Program (SWPPP) Annual Report. Recommendation: Approve the 2008 SWPPP Annual Report and authorize submittal of the report to the Minnesota Pollution Control Agency. H. Consideration of accepting donation from Ras Glass (formerly Glass Hut) of 2 windows 48” x 32” for Monticello DMV. Recommendation: Accept the donation from Ras Glass and approve the bids for creating the openings and installation of windows. I. Consideration of approving an increase in the monthly payment for services performed by the Animal Control Officer. Recommendation: Approve an increase of 1% to the payment amount for Monticello Animal Control for a total of $30.10 per month. J. Consideration of accepting donation of a metal sculpture from Linda Smith in remembrance of John Komarek. Recommendation: Accept the donation and location of the sculpture for Otter Creek Park. Council Minutes: June 8, 2009 4 Glen Posusta requested that items #5A and #5E be removed from the consent agenda. Mayor Herbst noted that the City received a donation of a sculpture from Linda Smith in honor of John Komarek. This sculpture which was designed by Parker McDonald will be placed in Otter Creek Park. The City also received a donation of two windows for the DMV building from Dean Rasmussen. In addition the City received financial contributions from Cargill Kitchen Solutions for flowers on Broadway and from Goldberg Bonding for National Night Out. TOM PERRAULT MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #5A AND #5E. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. #5A Ratifying Hires/Departures for MCC, Streets, Parks and Sewer/Water: Glen Posusta questioned the addition of seasonal employees for the Street, Parks and Water and Sewer Departments. At the last Council meeting it was indicated that staff had cut the number of seasonal employees but with this meeting five more seasonal employees were being added in addition to those approved at the last meeting. He questioned whether the department heads really got the message about cutting back. Glen Posusta emphasized if the City doesn’t cut back now they may end up laying off full time employees. Clint Herbst felt the Council needed a report on this since they were told that the number of seasonal employees was being cut back. Public Works Director, Bob Paschke stated he would check into this and report back. Tracy Ergen, Human Resources informed the Council that the Parks Department had hired five seasonal workers instead of seven and only four of the seasonal workers are full time. The Sewer and Water Department only hired two seasonal workers and the Street Department did cut back one position. Clint Herbst felt this was not what was represented to them at the last meeting. Glen Posusta said people should not be hired until they are approved by the Council and felt there should be a better procedure for handling this. Brian Stumpf said the only problem with Glen Posusta’s suggestion is there are situations where somebody leaves and the position needs to be filled as soon as possible so he felt the City should be careful in how they handle any changes in hiring procedures. There was some discussion how many hours the seasonal employees worked and what it cost. BRIAN STUMPF MOVED TO RATIFY THE HIRES AND DEPARTURES FOR THE MCC, STREET, PARKS AND SEWER AND WATER DEPARTMENT. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. #5E Extension of conditional use permit for Masters 5th Avenue: Glen Posusta wanted to add a condition to the approval of the extension of the conditional use permit. He felt if the area was going to remain vacant for any length of time, the property should be graded, seeded, mowed and maintained. This is part of the downtown area and it should be maintained so that it leaves a good impression. GLEN POSUSTA MOVED TO APPROVE AN EXTENSION OF THE SEPTEMBER 12, 2005 CONDITIONAL USE PERMIT FOR JOINT PARKING AND DRIVES AND A DRIVE THROUGH FACILITY FOR MASTERS 5TH AVENUE THROUGH AUGUST 1, 2011 WITH Council Minutes: June 8, 2009 5 THE CONDITION THAT ALL PREVIOUSLY APPROVED CONDITIONS BE ASSIGNED TO THE EXTENSION AND WITH THE ADDED CONDITION THAT THE PROPERTY BE GRADED, SEEDED, MOWED AND MAINTAINED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Consideration of accepting audit report for the year ending December 31, 2008. Jim Eichten from MMKR, the City’s audit firm gave a brief presentation on the City’s annual audit. Earlier in the evening the City conducted a workshop to go over the audit report in detail so at this time he was just summarizing some of the highlights of the audit report. State law requires the City to prepare an annual financial report and to have the report audited. Jim Eichten reviewed the Special Purpose Audit Report, the Management Report and the Annual Financial Report. The reports look at the City’s legal compliance with laws and regulations and internal controls. The Management Report is broken into two areas the compliance area and the financial results. The audit report contained four findings relating to internal controls and two findings relating to compliance with Minnesota laws and regulations. The findings in the internal control area were: 1) Recorded audit adjusting journal entries; 2) Recorded prior period adjustments; 3) Inadequate documentation of the components of internal controls and 4) Deficiencies in internal controls over IT (information technology). The two compliance findings were 1) Omission in some contracts of language relating to the payment of subcontractors and 2) Lack of a budget for capital improvements and lack of a parks and open space comprehensive plans. The Auditor explained that most of these findings will be eliminated by the next audit and that staff was in the process or correcting them now or would be in the near future. The auditor then reviewed the financials, highlighting that the general fund balance improved by $617,000 and most of this increase was from cuts in capital asset expenditures. He noted many cities are seeing a decline in the general fund balance because of cuts in state aid. He also reviewed the enterprise fund which showed the liquor fund increasing at a consistent rate. He stated the audit went smoothly and the Council can be assured that financial information they are receiving can be used to make sound financial decision. Tom Kelly, Finance Director, thanked the staff for their work with the auditors. BRIAN STUMPF MOVED TO ACCEPT THE 2008 AUDIT REPORT. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of Electric Distribution and Transmission Franchise Ordinance and Franchise Fee Ordinance with Wright-Hennepin Cooperative Electric Association. The Council moved this item up on the agenda. Public Works Director, Bob Paschke reviewed the information on the proposed franchise agreement with Wright-Hennepin Electric noting the agreement is similar to the agreement the City has with Excel Energy. The franchise agreement is based on the model franchise ordinance from the League of Minnesota Cities and is intended to work in conjunction with the City’s Right-of-Way Management ordinance. The City is also proposing an ordinance that will establish a fee that will be applied to all user Council Minutes: June 8, 2009 6 accounts. The City will use this fee, which is estimated at $3,951.75 a quarter, to pay for street lighting projects and street light replacements. With the adoption of the franchise fee, the company will not pay ongoing fees for permits. Clint Herbst explained that the franchise fee is one way a city can generate funds for needed improvements such as street lighting. Brian Stumpf asked how many people would be affected by this. Bob Paschke indicated that Wright-Hennepin’s service area was primarily on the east end of town. Brian Stumpf asked if there were any commercial users in the area and Bob Paschke indicated that the City, because of the lift stations they have in the area, is probably the larger user. Brian Stumpf asked how much revenue the permit fees generated in previous years and how that would compare with the franchise fee that would be collected. Jeff O’Neill stated these fees are identical to Excel Energy fees. If the City is not comfortable with the proposed fee rate, they would need to go back and adjust the fee rate in the franchise agreement with Excel Energy. Brian Stumpf asked how much was in the franchise fee fund and Tom Kelly indicated approximately $272,000. Brian Stumpf asked if any funds were being put aside for putting overhead lights underground. Clint Herbst indicated the funds could be used for that purpose. Brian Stumpf said he really questions the $190 fee for the commercial user. Susie Wojchouski said in checking on the internet some of the cities had fees in the range of $74 for commercial users which made her feel the $190 was high. Glen Posusta said the landowner was getting hit for the cost of the street lights and that was why he brought up the franchise fee. He said many people enjoy the lighted streets even though they have paid nothing for them. Clint Herbst felt it was less of an impact on businesses to pay a monthly fee than be assessed for the cost of the light. Glen Posusta agreed that the franchise fee would be more agreeable than being assessed the cost for street lights. Lance Hoffman, Vice-President of Wright-Hennepin Electric, stated they have 305 residential customers that will be affected fee and 7of them are small commercial users. He stated Wright-Hennepin Electric has a good working relationship with the City but that they are not in favor of the ordinance establishing the franchise fee. He said they are working hard to keep their rates low for their customer and the impact of the franchise fee will be a 3 ¼% increase in residential electric bills. Wright-Hennepin Electric would prefer to see the City raise the revenue from the general taxes rather than utilizing utility companies to generate the funds. He asked that the Council approve alternative #2 which would approve the franchise agreement but not approve the ordinance establishing a franchise fee. Clint Herbst noted that Wright-Hennepin Electric runs a good operation. While he understands their position, he did not feel generating the revenue through taxes was appropriate since there are a lot of facilities such as schools and churches that utilize the lights but would not be contributing towards the cost of installing them since they are tax exempt. For that reason he felt a user fee was more equitable. He stated that the City has the franchise fee in place with Excel Energy which serves approximately 95% of the City and to be consistent is should be applied to the remaining 5% of the community. Clint Herbst said that the City could look at this again after a year or so to determine if the fee is doing what it is intended to. Bob Paschke said the franchise fee for Wright-Hennepin Electric would terminate at the same time as the Excel Energy franchise. Jay Morrell spoke saying he thought it was a good discussion on the franchise fees. He stated Council Minutes: June 8, 2009 7 there are two commercial user areas, the Oakwood Industrial Park area and those users along Chelsea Road. These businesses use a considerable amount of energy and the franchise fee would greatly increase their bills resulting in the business user paying more towards the street lights. Glen Posusta felt the City should be doing something with the money from the franchise fee and not sit on it. GLEN POSUSTA MOVED TO APPROVE FRANCHISE ORDINANCE #498 AND FRANCHISE FEE ORDINANCE #499 WITH WRIGHT-HENNEPIN ELECTRIC WITH THE CAVEAT THAT THERE WOULD BE SOME MECHANISM IN PLACE SO THAT THE COUNCIL IS AWARE OF WHAT IS GOING ON WITH THE FEE AND WHAT THE FEES ARE SO THAT COSTS DO NOT GET OUT OF HAND. Brian Stumpf asked what mechanism would be used and Clint Herbst suggested a periodic review of the matter. Tom Perrault felt the revenue should be coming from general taxes rather the electric bill. Clint Herbst said this should be remembered when the budget comes up for consideration because you can’t continue to cut the budget without coming up with other sources of revenue. Susie Wojchouski said a periodic review is really necessary. Clint Herbst questioned what is the City intended to accomplish with these revenues. The City needs to set up a plan and come up with goals or the franchise fee should be eliminated. Clint Herbst felt the first review should be sitting down, setting goals and getting an idea of cost and how long it will take to accumulate the funds for the projects. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. 11. Consideration to review the application of trunk water and sanitary sewer charges as related to a building permit for JME Companies. This item was moved up on the agenda because there the property owner was present to speak on the matter. The item relates to how the City’s charges for trunk water, sewer and storm sewer are to be applied against property at 140l Fallon Avenue. Angela Schumann noted that the property owner, Jay Morrell did not receive a copy of the agenda item until today. Angela Schumann reviewed the history relating to the permit and the fees established for this permit. The property owner is disputing some of the fees charged. Staff and a representative from the Council met with Jay Morrell to go over the fees. The fees that are still in question are the charges for trunk sanitary sewer, water and storm sewer. The property owner indicated that the industrial properties were excluded from collection of these fees. Staff indicated that they had reviewed City records and found nothing indicating that this property was excluded. When the City’s trunk storm sewer policy went into effect in 1997, if a property was 85% developed at that time, there would be no additional trunk charges. If it was less than 85%, trunk fees would be applied only to the area being developed. The fees for the property in question were calculated based on .82 acres but a review of the property indicates the property area may be less than that. The City has two options: 1) Waive application of trunk fees and consider this property as fully developed or 2) Apply the trunk fee charges in a manner consistent with the 1997 policy. Council Minutes: June 8, 2009 8 Jay Morrell spoke stating that back when the property was developed the utilities were installed by a private developed. They paid for all the services that were put in then and they did not have to pay for any more. Jay Morrell said the building that he is putting up is not connected to sewer and water so he is wondering why he is paying a trunk fee. He said the building is not putting any demand on the sanitary sewer system. His feeling is he is not using any sewer or water and therefore there should be no charges for it. Glen Posusta said he believes what Jay Morrell is being charged for is trunk storm sewer. Trunk storm water charges pay for storm sewer improvements downstream. Jay Morrell thought he was not being charged because all the runoff water was going to a retaining pond on his property. Bret Weiss responded that in 1997 the storm water trunk fee was put into place. At that time there was uproar from the industrial park area because they felt they had paid previously. There was a lot of discussion on how to pay for the storm water improvements. The area of .82 acres was used as the area being developed by JME but a portion of that lies within the area that was considered developed in 1997 when the trunk fees were established so the fee should have been calculated on something less than .82 acre. The pond on the JME property is a private pond and the City has no easement over it. Originally the trunk storm water fee was set up as an overall fee and later the City split it out between a ponding fee and the storm water portion. Bret Weiss explained the trunk fee is a charge, based on area, for the right to connect the City’s utility system. SAC and WAC charges are collected when the property actually connects to the system. Trunk charges are collected because even though the property is not developed the City is reserving capacity in the system for full development of the site. Bret Weiss said the reason the City should not waive the trunk fees is so all properties are treated consistently. Jay Morrell said the point that the Council and Bret Weiss are missing is that the private people paid for the sewer and water to go in. The City did not pay anything for that improvement. Jay Morrell said there was no improvement done as far as sewer and water on Dundas. Bret Weiss said that the City has done street reconstruction which JME was not charged for. Prior to 1997 anything that was developed did not pay trunk fees since they were paying taxes all along. After 1997 if property was developed trunk charges were collected. Brian Stumpf asked about the deep trunk sewer line along Fallon Avenue. Bret Weiss said there would be no lateral charge because JME gets their sewer and water service off of Dundas Road and if he has paid trunk charges he would not be charged again. Jay Morrell contended that the development was accepted by the City so he questions why there would be fees 20 years later. The Industrial Development Committee agreed that the area designated in the map supplied in the agenda packet was the area that was developed. Jay Morrell said no one the Industrial Development Committee spoke for him. Jeff O’Neill said the City had infrastructure that was needed and downstream improvements to be made so the City set up the trunk fees as a means to pay for this. Glen Posusta asked how Bill Tapper was handled when he added on to the Genereux building. Angela Schumann said the application of trunk charges in this case would be consistent with what happened to other sites. Jay Morrell said the City is burdening newly developed property with these charges. Brian Stumpf suggested that may Jay Morrell, staff and maybe someone from the Council should meet again. Council Minutes: June 8, 2009 9 Jay Morrell had indicated to staff he was in agreement with all fees except the trunk fees. The only fee that would be removed from his permit cost would be the excavation fee of $30. The only fees still in question are the three trunk charges. It is proposed that trunk water and sewer fee and only the basic storm trunk fee would be applied and the charges would be applied to something less than the .82 acres originally used. This would reduce the fees from $16,660.64 to $7,181.68. Jeff O’Neill said what the Council needs to act on is how the policy is applied. Glen Posusta said he is willing to do whatever the City did with Bill Tapper’s expansion. Bruce Westby said the current area to be used for calculating trunk fees would be .5 acres. Clint Herbst said it is difficult for the City to deviate from what the policy that was applied to other properties. Jay Morrell said the adopted lot line and plan was approved in the 1980’s and now the City comes backs and tacks on storm water and other trunk fees. Jeff O’Neill said because an approval was given years ago doesn’t change how the policy should be applied. Jay Morrell said in 1988 it was considered developed property for the full 10 acres and the reason that was done was because of the parking lot. Bret Weiss said the map shows what property was developed. Jay Morrell said it was a matter of semantics. Bret Weiss said if there was grass on the property it was considered as undeveloped and this interpretation was applied to all properties in the area. Clint Herbst said it is very difficult to treat someone else differently. Based on .5 acres the storm water fee would be $1,622.50; trunk water fee $1,133.50 and trunk sanitary sewer $1,532.50. The trunk fees plus the other building fees totals $7,181.58. Jay Morrell questioned paying over $7,000 in fees for a building valued at $200,000. He didn’t think that would attract any business to Monticello. Jay Morrell said the building cost him $126,000. Brian Stumpf asked if there was documentation of the $126,000 value why are they paying on a building value of $200,000. Clint Herbst said the City would be looking at the building permit fees in the near future. Brian Stumpf agreed the City should go through the fee structure and if any changes are made to the to the fee structure the City should reimburse JME. BRIAN STUMPF MOVED TO APPLY THE REDUCED FEE AMOUNT OF $7,181.58 FOR FEES FOR THE BUILDING PERMIT FOR 1401 FALLON AVENUE AND IF THERE ARE ANY CHANGES TO THE FEE SCHEDULE AFTER COUNCIL REVIEW OF THE SAME THE CITY WOULD REIMBURSE JME THE DIFFERENCE. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Consideration of applying the deferred assessment for Lot 1, Block 1 River View Square to the lots in the newly created River View Square Second Addition. Tom Kelly explained what the assessment was for and how the assessment was going to be applied to the newly created lots. The sale of the property was a condition that released the deferment of the assessment. The assessment will be appear on the 2010 taxes running for a period of 10 years at 4% interest as set forth in the assessment agreement. BRIAN STUMPF MOVED TO APPROVE CERTIFYING THE ASSESSMENTS FOR THE CSAH 18/I-94 INTERCHANGE PROJECT FOR LOT 1 AND LOT 2, BLOCK 1 RIVER VIEW SQUARE SECOND ADDITION UNDER THE TERMS OF THE ASSESSMENT Council Minutes: June 8, 2009 10 AGREEMENT AND IN THE FOLLOWING AMOUNTS: LOT 1 $18,838.14 AND LOT 2 $45,013.36. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of adopting an ordinance amendment establishing a franchise agreement with CenterPoint Energy. It was explained that this is a housekeeping matter since the previous franchise agreement had expired. The proposed franchise ordinance was merely reinstating the franchise agreement. Jeff O’Neill indicated that at a future meeting the Council may be asked to consider establishing a franchise fee. CenterPoint Energy is in agreement with the terms of the franchise ordinance. Clint Herbst stated he would not like to see a fee coming forward with this franchise agreement. He did feel the discussion at the meeting about hidden fees was good for the Council to have. GLEN POSUSTA MOVED ADOPT ORDINANCE #500 GRANTING CENTER POINT ENERGY A NON-EXCLUSIVE FRANCHISE TO USE THE RIGHT OF WAY. TOM PERRAULT SECONDED THE MOTION NOTING THE ORDINANCE DID NOT INCLUDE ANY FRANCHISE FEE. MOTION CARRIED UNANIMOUSLY. 12. Department Head Report – Community Development: Development Listening Sessions. Community Development Director, Angela Schumann reported on the listening sessions held between staff and developers. Staff felt the sessions turned out well. The City is trying to improve the development process. Staff realizes that development in 2009 is different from previous years and that the City must be flexible and adjusts to the changing reality. Brian Stumpf felt the one-on-one sessions were good for the developers as it was a more relaxed and informal setting. Tom Perrault asked about input from Trison, the developer of Hillside Farms and about possible changes in housing size and design within the development. Angela Schumann indicated that the developer of the Featherstone Addition may be considering adjustments in the sizes of lots and building but Trison has not indicated what changes, if any, he would be making in the development. Clint Herbst said the City has to be considerate of carrying out the terms of the development as it impacts those residents already living there but he didn’t feel the residents should be blind to what is going on in the markets. Although homes may be smaller amenities are still important. Added Items: Tree Trimming – Susie Wojchouski brought up the need to trim some pine trees at Elm Street and County Road 39. These trees impair visibility of traffic on the roadway. Bob Paschke will look into this and determine if the trees can be relocated. School Boulevard: A resident commented to Tom Perrault about the speed limit sign being placed on the road. The resident felt 40 mph was fast especially with children present. The question was raised whether the speed limit for when children were present could be applied all the way down School Boulevard or just in the area of the school. It was noted School Boulevard is a wide street, 44’ curb to curb and was meant to carry significant traffic. Glen Posusta felt the stop sign at Pioneer Park slowed Council Minutes: June 8, 2009 11 traffic down considerably. Clint Herbst didn’t agree with placing additional speed limits signs on the street as the road was designed to carry traffic. Bruce Westby said the stipulation for use of a different speed limit when children are present is limited to area adjacent to school property or if you have a designated school crossing with advanced warning sign in the area. Clint Herbst said there is a need for more enforcement. Bruce Westby informed the Council that Sheriff Miller will be present at the June 22, 2009 meeting to address the annual report for the Sheriff’s Department and other issues. He also added that Sgt. Anderson read through the minutes relating to traffic and speed on River Street and has personally visited with some of the residents who had comment on traffic conditions. Disc Golf: A resident complained about disc golf at the Par West Park. The discs often land in the residents’ yards. People are trespassing on property in order to retrieve the discs. Jeff O’Neill said he has talked to Tom Pawelk the Park Superintendent about the possibility of re-aligning the baskets. Blights: Clint Herbst received a call about parking of recreational vehicles and revisiting the ordinance relating to this. He thought when they adopted the present ordinance the City was going after junk cars and was not trying to become the recreational vehicles Gestapo. He felt people need to be able to store their belongings where there home is. Angela Schumann reported that because of the volume of citations issued this item was going to be brought back before the Planning Commission. They are looking at conducting a workshop to review the present ordinance which was adopted in 2007. Ordinance: Jeff O’Neill reported that the City Attorney has prepared an ordinance relating to use of four wheelers on City streets for Council review. Clint Herbst said the parties interested should take time to determine if they are can and are willing to comply with the provisions of any ordinance. 13. Approve payment of bills for June. TOM PERRAULT MOVED TO APPROVE PAYMENT OF THE BILLS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 14. Adjourn TOM PERRAULT MOVED TO ADJOURN AT 9:55 P.M. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recorder: Dawn Grossinger Approved: June 22, 2009