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City Council Minutes 06-25-2012MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, June 25, 2012 — 7 p.m. Mississippi Room, Monticello Community Center Present: Clint Herbst, Lloyd Hilgart, Tom Perrault, Glen Posusta, Brian Stumpf Absent: None 1. Call to Order and Pledge of Allegiance Mayor Herbst called the meeting to order at 7:00 p.m. and declared a quorum present. The Pledge of Allegiance was recited. Clint Herbst mentioned the passing of Steve Samuelson in a recent accident. Brian Stumpf spoke of Steve's many years of service and commitment to the Monticello Fire Department prior to his retirement, and asked for a moment of silence. 2A. Approval of Minutes — June 11, 2012 Special Meeting TOM PERRAULT MOVED TO ACCEPT THE JUNE 11, 2012 SPECIAL MEETING MINUTES AS PRESENTED. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. 2B. Approval of Minutes — June 11, 2012 Regular Meeting BRIAN STUMPF MOVED TO ACCEPT THE JUNE 11, 2012 REGULAR MEETING MINUTES AS PRESENTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 2C. Approval of Minutes — June 18, 2012 Special Meeting TOM PERRAULT MOVED TO ACCEPT THE JUNE 18, 2012 SPECIAL MEETING MINUTES AS CORRECTED. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 4 -0. (Brian Stumpf - no vote) Consideration of adding items to the agenda • Update on MNWARN system request for assistance (Bob Paschke) 4. Citizen comments and public service announcements a. Citizen Comments: 1) Debra Merkel stated that she would like to speak on Item #11. Public Service Announcements: City Council Minutes —June 25, 2012 Page 1 1) Movie in the Park (6/30) — Ditty Baltos invited all to attend the first Movie in the Park for this season. "Mouse Hunt' will be shown at Pioneer Park around 9 p.m. and lasts about 1 1/z hours. Bring your own lawn chairs. Concessions will be available for purchase. 2) MCC Block Party (7/12) — Kitty Baltos noted this is coming up on July 12ti' as part of Riverfest. Free food on south side of the community center from approximately 11 a.m, to 1 p.m. The Block Party is sponsored by the Community Center, City Hall, Monticello Senior Center, Army National Guard, Monticello Times, and FiberNet Monticello. 3) Riverfest (7/12 -15) — Clint Herbst announced that Riverfest runs from July 12 -15 and noted that the fireworks display will switch to Friday night this year. The pie eating contest is on Thursday night and the Mayor will be part of that again. Please check the Chamber and city websites and Monticello Times for more information. 5. Consent Agenda: A. Consideration of approving payment of bills for June 25th. Recommendation: Approve the bill and purchase card registers for a total of $531,001.78. B. Consideration of approving new hires and departures for City departments. Recommendation: Ratify departures for MCC. C. Consideration of adopting Resolution #2012 -057 accepting contribution from Tom Perrault for the General Fund. Recommendation: Adopt Resolution #2012 -057 accepting donation of $250 from Tom Perrault for the General Fund. D. Consideration of adopting Resolution 92012 -058 accepting contribution from Cargill Kitchen Solutions for flowers for boulevard planting on East Broadway. Recommendation: Adopt Resolution #2012 -058 accepting donation of $500 from Cargill Kitchen Solutions for flowers on the boulevard on West Broadway. E. Consideration of appointing a representative to the Monticello Library Board to fill a vacancy for a teen to expire on 12/31/2015. Recommendation: Appoint Elaine Settergren to the Monticello Library Board for a term ending December 31, 2015. F. Consideration of approving an application for temporary on -sale liquor license for the Monticello VFW Post 8731 for an event to be held in their parking lot on August 18, 2012. Recommendation: Approve the application for a 1 -day temporary on -sale liquor license for the Monticello VFW for August 18, 2012. G. Consideration of adopting Resolution #2012 -059 approving conveyance of three parcels of tax - forfeited land to the City, formally establishing authorized public City Council Minutes —June 25, 2012 Page 2 use. Recommendation: Adopt Resolution #2012 -059 approving conveyance of the following three parcels of tax - forfeit land to the City and established public Purpose use. 0 155 - 010 - 072100 utility easement 0 155 -109- 000010 trail system link between River Mill Park & River Ridge Lane 0 155 -126- 000030 entrance monumentfor River Forest Addition H. Consideration of ratifying the FiberNet Technician Labor Agreement between the City of Monticello and International Union of Operating Engineers Local 49 for the period of February 1, 2012 to January 31, 2014. Recommendation: Ratify the FiberNet Technician Labor Agreement between the City of Monticello and IUOE Local 49 from February 1, 2012 to January 31, 2014. Consideration of accepting lawsuit settlement between Motzko Companies and City of Monticello. Recommendation: Accept lawsuit settlement with Motzko Companies, LLC in the amount of an $11,000 payment. Consideration of contracting with Tom Kelly to provide budget preparation services for the City of Monticello. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. K. Consideration of adopting Resolution 92012 -060 supporting the efforts of the Greater Minnesota Parks & Trails Coalition to increase funding for Greater MN Parks & Trails. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. L. Consideration of authorizing installation of pedestrian crosswalk striping on 6th Street at Maple Street. Recommendation: Authorize city staff to install and maintain two 6" solid white latex paint stripes across 6t" Street on the west side of Maple Street and to place one in- street pedestrian crosswalk sign next to the new crosswalk. Bruce Westby noted that a time frame is not addressed in the agenda item, but should not take very long to complete. Tom Moores said it would be done within a week or so and before Riverfest. GLEN POSUSTA MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS J AND K AND INSERT ITEM #12 AS 5L ON THE CONSENT AGENDA. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5- 0. 6. Consideration of items removed from the consent agenda for discussion 5J. Consideration of'contracting with Tom Kelly to provide budget preparation services for the City of Monticello City Council Minutes —June 25, 2012 Page 3 Brian Stumpf pulled this item because he would like to see the field of candidates first and suggested they should be able to take this over. Brian Stumpf also wondered why the Assistant Finance Director is not taking over the budget process. Jeff O'Neill explained that the transition of a department head position can be somewhat difficult and this would ensure that the budget process stay on schedule. Jeff O'Neill noted that the Assistant Finance Director is familiar with the city budgeting process but not quite ready to take over the entire process. Brian Stumpf reiterated that he does not want to commit any hours or dollars until they know what the field of candidates looks like. Tom Perrault does not feel that it is contractually right to have Tom Kelly help with the budget process. Torn Kelly explained that he offered this service because he did not want to put the city in a predicament should they run behind in the budget process. He would understand if the City decided to turn this over to the new finance director after they decide on a replacement. Lloyd Hilgart asked when the interview process is taking place. Lloyd Hilgart noted that, if Tom Kelly's last day is July 3rd, that would not be enough time to bring on a new Finance Director before Tom Kelly leaves. Tom Kelly also noted that he started training the Assistant Finance Directory Angie McIntire in the budget process but they are not far enough along in the process for her to handle the whole thing. GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO CONTRACT WITH TOM KELLY TO PROVIDE BUDGET PREPARATION SERVICES FOR THE CITY AT HIS CURRENT RATE OF PAY. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 3 -2, WITH TOM PERRAULT AND BRIAN STUMPF VOTING IN OPPOSITION. 5K. Consideration of adopting Resolution #2012 -060 supporting the efforts of the Greater Minnesota Parks & Trails Coalition to inerease,funding for Greater MN Parks & Trails Tom Perrault pulled this item because he does not necessarily agree with increasing the grant funding for Greater MN parks and trails. He feels that the majority of the tax dollars probably come out of the Metro area and rightfully could stay in the metro area. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 ADOPTING RESOLUTION #2012 -060 SUPPORTING EFFORTS OF THE GREATER MINNESOTA PARKS & TRAILS COALITION TO INCREASE FUNDING FOR GREATER MN PARKS & TRAILS. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED 4 -1, WITH TOM PERRAULT VOTING IN OPPOSITION. 7. Consideration of adopting Resolution #2012 -061 accepting bids and awarding contract for 2012 Rural Road Improvements, City Project 12CO01 Bruce Westby introduced this item by noting that the bids were opened last Thursday and the city received 3 bids for this project. All bids were below the Engineer's estimate and met the specifications. Knife River was the lowest overall bidder at a total of City Council Minutes —June 25, 2012 Page 4 $693,358.90 which included road improvements for Edmonson, Fallon, and Fenning Avenues and trail segment improvements. Knife River would begin in late July or early August. GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2012 -061 ACCEPTING THE BIDS AND AWARD THE CONTRACT TO KNIFE RIVER CORPORATION IN THE AMOUNT OF $693,358.90. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. S. Consideration of approving Change Order #1 for the MCC Natatorium Improvements. City Project No. I IC006 Kitty Baltos asked Council to consider tabling this item until July 9th as there are still some questions on the costs for completing this particular project. She would like to make sure that the figures are accurate and the project is well defined. Glen Posusta pointed out that he would like more information on putting in a drop ceiling to alleviate some of the issues. Brian Stumpf was not too sure about the concept for putting in a drop ceiling, especially if it involves wood construction. Lloyd Hilgart asked where the point of confusion was and Kitty Baltos explained it had to do with pricing for the painting for the pool ceiling. GLEN POSUSTA MOVED TO TABLE THIS ITEM UNTIL THE JULY 9" COUNCIL MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 9. Consideration of adiusting the individual pension contribution amount for Volunteer Firefighter Relief Association members Tom Kelly noted that this is the annual consideration of the individual pension contribution amounts for the members of the Fire Relief Association. He is recommending that the contribution level remain the satne. This would put the Relief Association into a deficit position; however no contributions would be needed to adjust the balance. Lloyd Hilgart asked if there are any projections related to this fund and how this works. Tom Kelly explained that the Fire Relief Association meets regularly and has officers that maintain the records. The Treasurer is responsible for tracking the earnings and projections of the pension fund. Tom Kelly noted that they will have a deficit of approximately $38,000. Glen Posusta asked if there is a point where the city becomes responsible for funding any portion. Tom Kelly explained that the deficit would have to drop to a certain point before that would occur. Brian Stumpf explained that the Fire Relief Association is very careful in the contribution amounts that they request, because they do not want to put the city in an adverse position. Brian also noted that he is no longer a vested member and will be eligible to vote on this item. City Council Minutes —June 25, 2012 Page 5 CLINT HERBST MOVED FOR ALTERNATIVE #1 TO MAINTAIN THE BENEFIT LEVEL AT $2,750 FOR THE INDIVIDUAL PENSION CONTRIBUTION AMOUNT FOR VOLUNTEER FIREFIGHTER RELIEF ASSOCIATION MEMBERS. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 10. Consideration of approving an amendment to a Conditional Use Permit (CUP) to expand a storage facility accessory to a manufactured home park in the M -H, Manufactured Home Park zoning district. Applicant: Kjellberg's Inc. Steve Grittman introduced this topic by explaining the decision before Council to approve or deny the CUP amendment in relation to Kjellberg's stone shelter and evacuation plans. He noted that Kjellberg's has provided stonn shelter and evacuation plans for city staff and Council previously, which were reviewed during a special meeting and tour on June 181x'. Steve Grittman noted that the deadline for acting on the request is July 3'a, 2012. Glen Posusta noted that he will not be voting as there may be a perceived conflict of interest as he is in the storage business and this involves construction of a storage building for the park tenants. Lloyd Hilgart asked Steve Grittman to comment on the evacuation plans at Kjellberg's compared to other mobile home parks. Steve Grittman noted that the plans submitted were found to satisfy state requirements and have been reviewed by city staff. Glen Posusta asked if the City has the ability to decide whether an emergency shelter meets standards; Steve Grittman confirmed that the City has the right to approve an emergency shelter and evacuation plans. Clint Herbst noted that the state requirements are rather vague and does not clearly identify the approval process. Clint Herbst stated his concern over the distance that tenants would have to go before they reach the existing storm shelters. He would like to see Kjellberg's consider adding shelter space in a closer proximity to the mobile homes and suggested this could be done with the storage building project that they are considering. Clint Herbst noted that he had talked to Kirk Kjellberg about this but has not heard anything back. Brian Stumpf noted that he and Clint Herbst had met with Kjellberg's over a month ago and they have different views on how this should be handled. Brian Stumpf would like to see Kjellberg's deal with the State in regard to the stone shelters and not have the City get involved in regulating where storm shelters should be located. Brian Stumpf feels that the park residents will find adequate shelter on their own, probably by driving to a place of safety. Clint Herbst stated that the state requirements are not met by the shelter space on the east side. It is left up to the local officials to verify and approve that there are sites available within a reasonable distance. His concern is that the facility on the east side only has space for about one -third of the park residents; he feels there should be more space available within the park itself. He does feel that the storage facility is a good idea but is not willing to approve the CUP without an improvement to the park's stone shelter facilities. City Council Minutes —June 25, 2012 Page 6 Tom Perrault has a concern with the storm shelter also and feels that there should be more space available on the park property on the east side. He does not feel it is wise to consider having tenants cross Highway 25 to use the storm shelter on the west side. Glen Posusta pointed out that there are numerous lanes to cross in a high traffic area. Tom Perrault also expressed concern about the CUP for the storage building and wondered why there was no provision for lighting. He also questioned some of the wording in the agenda report related to compensation by the City. Steve Grittman explained that state statutes do not allow the city to condition approval of the CUP by requiring correction of non - related non - conforming uses without compensation from the City. Steve Grittman used the example that if another building did not meet ordinance requirements, this would not be allowed to be tied to the CUP approval. Tom Perrault asked for clarification related to the conditions about the shelter; Steve Grittman indicated those would have to comply with state building code. Tom Perrault asked about the determination of the space needed to accommodate park residents in a storm shelter. Ron Hackenmueller explained there was a discrepancy in the state rules related to the calculation of available space per person, with references to different square footage allowances. He has not received a clarification on that but noted there is not enough available space for all residents in the east side storm shelter. Clint Herbst noted that he doesn't feel that they would have to require space for 100% of the residents; however he thinks they should come up with a reasonable requirement. Lloyd Hilgart asked for clarification on the state requirements for storm shelters in regard to the 5 minute time frame. Steve Grittman explained that the guidelines leave it up to the local officials to determine a "reasonable" evacuation plan for storm shelters. CLINT HERBST MOVED FOR ALTERNATIVE #2 TO DENY THE AMENDMENT TO THE CONDITIONAL USE PERMIT FOR ACCESSORY STORAGE GARAGE, BASED ON FINDINGS TO BE DETERMINED BY COUNCIL; AND REQUESTED K.IELLBERG'S TO RETURN WITH A PROPOSAL INCORPORATING ADDITIONAL STORM SHELTER SPACE WITH THE STORAGE BUILDING. TOM PERRAULT SECONDED THE MOTION. MOTION TIED 2 -2 WITH LLOYD HILGART AND BRIAN STUMPF OPPOSED. (Glen Posusta did not cast a vote.) Steve Grittman explained that the request is considered denied upon a tie vote and requested the opposing votes to explain the reason they voted against the motion. Brian Stumpf feels that the state requirements have been met for storm shelter space, and the determinaton whether the storm shelter space is adequate or not should be between Kjellberg's and the State. Lloyd Hilgart said he feels that the condition with the storm shelter has existed for a lengthy time, and he does not feel there is enough evidence to support requiring Kjellberg's to make a change at this time. Clint Herbst recommended that Kjellberg's reconsider submitting their request with plans for a storage building that would include additional storm shelter space. City Council Minutes —June 25, 2012 Page 7 11. Consideration of all -way stop warrant analysis options at the intersections of Maple and 4th Street, Maple and 3rd Street, Elm and West River Street, and Linn and West River Street Bruce Westby presented this item noting that there were various options that could be considered for obtaining data relative to analyzing the need for all -way stop signs at the intersections in question. Bruce Westby reviewed the various devices available such as the city's speed trailer and tube devices that could be purchased to collect traffic data. Bruce Westby noted that WSB had initially given the city a quote of $3,500 for performing the study. Glen Posusta asked if this was something that could be done by staff if they had the proper equipment. Bruce Westby explained that this could be done by staff. In fact, he found out that MnDOT could loan some devices to the City to use for collecting traffic data. Brian Stumpf had several comments: he would like to study the traffic patterns before they add any stop signs; he would like Council to keep in mind that the downtown redevelopment project may impact future traffic on 3`d and 4" streets; and he thinks a new river crossing may eventually affect some of these traffic patterns. Mayor Herbst opened the meeting for comments from interested citizens. Debra Merkel of 501 West River Street explained that she had presented a petition prior to the meeting, with the petition signed by all residents in the affected area of West River Street. Debra Merkel talked about the traffic movements and various safety situations that they face. The residents feel that this needs to be addressed as soon as possible. Glen Posusta noted that the residents along West River Street did not want sidewalks installed as part of the road reconstruction, which might have helped with the safety issues. Clint Herbst commented that Council would like to study the situation before making a hasty decision on stop signs. He noted that a speed study was conducted as part of the road reconstruction and found to average 26 mph on West River Street, which is actually below the speed limit on that road. As part of the proposed study, the city will be putting in devices to track traffic data from all directions of each intersection. This provides a variety of data that will be combined with other existing data to determine the best option. Stacy Jost, 705 W River St, stated that the traffic is a safety hazard along West River Street. She pointed out that the Council expressed concern about providing adequate storm shelters and feels this is a eornparative situation in regard to safety. She wondered if it wouldn't be possible to at least put up several stop signs; they are not expecting one at every intersection. She inquired as to how soon the study might be completed and addressed by Council. Bruce Westby suggested that it should not take too long to collect and analyze the data, figuring it would be 2 -3 weeks and hopefully would have a report for Council by the second meeting in July. Dan Lemm, 8 Linn Street, suggested that the stretch of West River Street is so long and it would be advisable to install stop signs for safety reasons. Dan Lermn asked why the stop signs were not left in place while the City did a study. Clint Herbst explained that City Council Minutes —June 25, 2012 Page 8 there is a certain order that was preferred by Council and they chose to remove the signs until a study is completed. Dan Lemm also commented on the width of the street. Leila McCarty, 419 West River Street, spoke in favor of the residents' petition to add several stop signs. She felt that Council should consider requests that come from citizens and try to honor their wishes. Clint Herbst reiterated the need to complete the study in order to determine the best solution for the intersections in question. Glen Posusta noted that the residents in that area opted not to install sidewalks, which may have managed some of the safety issues. Glen Posusta suggested that the police should also be made aware of speeding incidents in order to get a handle if there are problems. Clint Herbst indicated that the intent is to bring this back to Council for consideration at the second meeting in July. Debra Merkel added a comment that it may not be necessary to direct the police for tighter enforcement on West River Street, as she has contacted them many times to alert them of the problems and they have been very responsive. Tom Perrault commented that the traffic data collected at this time may differ significantly when school is in session at an intersection such as 3`d and Maple Streets. He was concerned about making a decision without having complete data available. Clint Herbst noted that Council could extend a decision if they feel that they need more information. GLEN POSUSTA MOVED TO BORROW TUBE DATA COLLECTORS FROM MN /DOT AND HAVE CITY STAFF PERFORM ALL -WAY STOP WARRANTS ANALYSIS AT THE INTERSECTIONS OF MAPLE AND 4TH STREET, MAPLE AND 32D STREET, ELM AND WEST RIVER STREET, AND LINN AND WEST RIVER STREET; AND REPORT THE RESULTS AND RECOMMENDATION AT THE JULY 23RD COUNCIL MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 12. Consideration of authorizing installation of pedestrian crosswalk striping on 6th Street at Maple Street This item was moved to the consent agenda as item #5L. 13. Review proposed process for interviewing and selecting new Finance Director Jeff O'Neill explained that the city received five applications for Finance Director that met qualifications for the position. Staff is proposing to conduct interviews this week with a panel consisting of Council members, Human Resources Director, City Administrator, and Finance Director. Glen Posusta asked why staff did not narrow down the choices. Jeff O'Neill explained that it would be difficult to narrow the field at this point as all candidates meet the requirements. It is preferred that all five candidates be interviewed initially. Following that, Coiuicil may wish to select several of the City Council Minutes —June 25, 2012 Page 9 candidates for another interview or possible invite them back to meet other staff in more of an open interview. Jeff O'Neill took the opportunity to thank Tom Kelly for his years of service to the City and expressed appreciation for the excellent job that he has done for the city as Finance Director. Tom Kelly commented how much he has enjoyed working for the City of Monticello and that it was an extremely difficult decision to leave, probably the hardest decision he has ever made. He thanked Council for their support over the years. Jeff O'Neill noted that there would be cake and coffee for Tom Kelly on July 3rd, and Council is welcome to stop by. Tracy Ergen also commented on how much she has enjoyed working with Tom Kelly and the help he provided for many staff members and thanked Tom on behalf of all city staff. Clint Herbst stated how impressed he has been from the very beginning with the job done by Tom Kelly. GLEN POSUSTA MOVED TO HOLD INTERVIEWS FOR THE FINANCE DIRECTOR POSITION ON WEDNESDAY, JUNE 27TH, 2012 STARTING AT 4 P.M. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. All Council members are planning to attend the interviews. 14. Added items MNWARN update on request for assistance - Bob Paschke provided an update on MNWARN and how it is used for emergency purposes. All member cities share resources to help each other. On Friday, MNWARN was activated in conjunction with the northern flooding. Sean Weis from the Water Department provided assistance with pumping wastewater at Moose Lake. Sean Weis drove a city truck, which Moose Lake used for installing barricades when they were inundated with flood waters. The city will be reimbursed by either by Moose Lake or FEMA for the equipment and time. Bob Paschke also noted that Sean Weis was also able to share some knowledge gained from his experiences in Monticello with Moose Lake employees. 15. Adiournment BRIAN STUMPF MOVED TO ADJOURN THE MEETING AT 8:37 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman Yy Approved: July 9, 2012 Attest: ministrator City Council Minutes —June 25, 2012 Page 10