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City Council Minutes 08-10-2015MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, August 10, 2015 — 6:30 p.m. Mississippi Room, Monticello Community Center Present: Brian Stumpf, Charlotte Gabler, Lloyd Hilgart, Tom Perrault and Glen Posusta Absent: None 1. General Business A. Call to Order & Pledge of Allegiance Mayor Brian Stumpf called the meeting to order at 6:30 p.m. with a quorum present. The pledge of allegiance was recited. B. Approval of Meeting Minutes • Special Meeting Minutes from July 27, 2015 (budget) TOM PERRAULT MOVED TO APPROVE THE JULY 27, 2015 SPECIAL MEETING MINUTES FOR THE BUDGET WORKSHOP AS PRESENTED. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. • Regular Meeting Minutes from July 27, 2015 LLOYD HILGART MOVED TO APPROVE THE JULY 27, 2015 REGULAR MEETING MINUTES. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. C. Consideration of Adding Items to the Agenda • Use of City Website — City Services Section (Charlotte Gabler) • Current Events/Projects around town — Update from Angela Schumann at beginning of meeting (Glen Posusta) • Compensation (Brian Stumpf) • Data Requests (Brian Stumpf) D. Citizen Comments • Mark Pultusker came forward to comment. Brian Stumpf notified Mr. Pultusker that he was not allowed to speak but could provide his comments in writing. E. Public Service Announcements o Movie in the Park (8/8) — Kitty Baltos announced that the movie scheduled for August 8 was cancelled due to the weather. This will hopefully be brought back in September or October. The next movie will be Paddington to be played on August 21 at Pioneer Park. This movie is sponsored by Apollo Insurance and the girl scouts will be there selling refreshments. City Council Minutes —August 10, 2015 Page 1 1 9 • Blazin Thru Bertram Phillip LaVallee Run — Kitty Baltos announced that the event is September 5 and registration is open. The run is 3.1 miles through the park and the walk is 2.5 miles with a slightly different course. She also thanked sponsors. • Community & Economic Development Director Angela Schumann provided an update on current projects in Monticello. The projects referenced were: Xcel Energy is constructing a new electrical substation south of the City's industrial park; a new Mattress Firm/AT &T Retail Center (Union Crossings) near the intersection of CSAH 18 and I94; the new IRET Development — Monticello Crossings - multi - family housing structure that was approved by the City Council last year; and the former O'Ryans and Von Hanson property is converting into a Kwik Trip retail /gas station (September 10 is their opening date). • Engineer Shibani Bisson provided an update on the Highway 25 expansion just south of School Blvd. The project is slated for completion in early September. Charlotte Gabler asked whether there would be a new light fixture at Highway 25 and 7t" Street. Shibani Bisson noted that this section was scheduled for construction next year. Tom Perrault questioned whether they were behind schedule with the Highway 25 project. Shibani Bisson noted that the project is behind by a couple of weeks but is attempting to make up time. F. Council Liaison Updates • IEDC — Brian Stumpf noted that there was conversation on the board's two vacancies and there discussion on how to fill them. • BCOL — Brian Stumpf and Glen Posusta attended a lengthy meeting. There were representatives from WSB present to conduct a stakeholder interview with the board on the subject of the park and the park system as a whole. The board secured an eagle scout to start a project related to the amphitheater upgrades and repairs. The board discussed the 2016 rental facilities and where any excess funding should be allocated. There was a motion by the board to allocate the funds back to the county for maintenance on the facilities. - There was dialogue at the meeting in regard to parcel 12, which is in the SW corner of BCOL, which related to possible working with a local farmer to till the property. - The board discussed the Athletic Complex and, more specifically, the water slide (which the YMCA built). It was mentioned that the water slide will be open to the public on off hours of the YMCA. - It was noted that certain trails were not considered wagon or stroller friendly and have been upgraded. • Planning Commission — Charlotte Gabler commented that there was one major item at the Planning Commission meeting. This item was in regard to the rezoning of the Gould Addition from a B3 to a B2. The Planning Commission denied this zoning request. However, they tabled the item City Council Minutes — August 10, 2015 Page 2 19 and continued the public hearing on a text amendment that would add "Places of assembly" as either a `conditional' or `permitted' use under B3. This will go to the Planning Commission on September 1, 2015. • )EDA — Tom Perrault announced that there will be a special meeting of the EDA on the levy on Wednesday, August 12, 2015. He also mentioned he attended the open house on the new bridge in Clearwater. Upon attending the open house, it was determined that the new bridge shouldn't have any real impact on Monticello traffic in regard to closures. G. Department Updates • Brian Stumpf noted that there was a budget workshop overview before the City Council meeting. There was presentations conducted by the Community and Economic Development Department, the EDA, the Building Department, the Fire Department, and the Parks Department. • City Administrator Jeff O'Neill provided an update on the following items: 1. Introduced Jennifer Schreiber as the new City Clerk. 2. Gave an update on the Data Privacy Act and data requests. He noted that there has been progress on sorting through all of the data requests for emails. The City will be working with the City Attorney when reviewing the emails to make sure that what is sent out doesn't include any private data. The City will also be conducting department head training in regard to the Data Privacy policy. 3. He mentioned that the City is still in the process of putting together a contract with Yondoo for video services. 4. There are currently three candidates for the Business Manager Position. Their interviews are scheduled for Thursday, August 13. 5. The Fire Department has issued a request to burn down the "pink house." Currently the property is on hold. The City will need to get the permit identified so the City can identify what the cost will be. If it stays in the County they would be responsible. If the City wants it gone in a quicker fashion, and the cost is nominal, Monticello may want decide to take it over. Brian Stumpf questioned whether or not the City could assess the fee of burning it down to the property. Jeff O'Neill said probably not because it is the County's property. Olen Posusta questioned if we would be paying for a permit to burn. Jeff O'Neill responded `no' — but there needs to be a plan in place for the burn. 6. Jeff noted that locates are being installed on the Chelsea Corridor. Shibani Bisson provided a brief overview and stated that those are in regard to the Xcel substation project. 7. Jeff expressed kudos to the citizens on East Side who reported car prowls. There have been some arrests made. City Council Minutes —August 10, 2015 Page 3 19 2. Consent Agenda TOM PERRAULT MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED. CHARLOTTE GABLER SECONDED THE MOTION. MOTION CARRIED 5 -0. A. Consideration of approving the payment of bills. Recommendation: Approved payment of bills in total amount of $322,545.98. B. Consideration of approving new hires /departures. Recommendation: Ratify new hires for MCC and termination for DMV. C. Consideration of approving the sale /disposal of surplus city property — (not applicable this meeting) No report this City Council cycle. D. Consideration of adopting Resolution #2015 -061 to accept contributions from Schlenner Wenner & Company and the Monticello Times for sponsorships of Movie in the Park and from Uptown Eyecare for the Farmer's Market. Recommendation: Adopt Resolution #2015 -061 accepting contributions from Schlenner Wenner Company and the Monticello Times for sponsorships of Movie in the Park and from Uptown Eyecare for the Farmer's Market. E. Consideration of approving an application for a 1 -day temporary on -sale liquor license for an event to be held on August 29, 2015 in the Legion parking lot. Recommendation: Approve the application for a 1 -day temporary on -sale liquor license for an event to be held on August 29, 2015 in the Legion Parking lot. F. Consideration of approving an application for an Off -Sale 3.2 Beer/Malt Liquor license for Kwik Trip #177 at 9855 Hart Boulevard. Recommendation: Approve the application for an Off -Sale 3.2 Beer/Malt Liquor license for Kwik Trip #177 at 9855 Hart Boulevard. G. Consideration of approving an application for a charitable gambling permit for a raffle to be conducted by Wright County/West Metro Whitetails on September 13, 2015. Recommendation: Approve an application for a charitable gambling permit for a raffle to be conducted by Wright County/West Metro Whitetails on September 13, 2015. 2A. Consideration of items removed from the consent agenda for discussion None. 3. Public Hearings None. City Council Minutes — August 10, 2015 Page 4 19 4. Regular Agenda A. Consideration of approving _a Special Event Permit allowing use of City resources in conjunction with an event on August 29, 2015. Applicant: Monticello Legion Club Community and Economic Development Director Angela Schumann presented the special event permit. There are two parts of the request: An exemption from the noise ordinance to extend after 10 p.m.; and a permit for a street right -of -way closure. The applicant's request was for the event to take place from 4 - 11 p.m. City staff recommends that the event end at 10 p.m. in accordance with the zoning ordinance and that all property owners within 350 ft. be notified. Staff also recommends that the street closing occur from 2:30 —10:30 p.m. It was noted that the Wright County Sheriff s office can handle the event with current on -duty personnel. No additional staff is needed. Brian Stumpf requested an update on the River City Ex—L, eme event and whether or not there were any complaints in regard to noise. Angela Schumann noted that there have been complaints on these types of events. Brian requested that an update on these events be given at a future meeting. Roseann Duran, one of the event organizers, was present for comments and questions. She stated that she will be sending out notifications to the neighborhood and that she hasn't had any negative feedback in regard to the event. She also noted that the paperwork was incorrect and address should read 304 Elm Street. The organizers would like to start setting up by noon so would like the street closed sooner than 2:30 p.m. Tom Perrault commented that he thinks the event should end at 10 p.m. since it is in a residential area. BRIAN STUMPF MOVED APPROVAL OF ALTERNATIVE 1 WITH THE AMENDMENTS OF a) THAT THE EVENT END AT 11 P.M. AND c) CLOSURE OF San STREET WEST SHALL BE PERMITTED FROM 12:00 PM —11:30 PM. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 4 -1; TOM PERRAULT VOTED IN OPPOSITION. B. Consideration of authorizing purchase of Calix Compass software suite for trial period of three month [tabled from 7/27/151 Bryan Rabe, FiberNet Tech, addressed the Council on the software suite. He confirmed that FiberNet completed a trial a few years ago and chose not to purchase the product further at that time. Due to the time and effort needed to install the program, Calix prefers not to offer the software at no charge during this trial period. Brian Stumpf questioned what would happen if the City chose not to City Council Minutes — August 10, 2015 Page 5 19 go with them after three months. Will there be a charge? Bryan Rabe stated that this hasn't been confirmed with Calix but he didn't think there would be a charge. Brian Stumpf questioned whether there were sufficient funds available in the budget. Finance Director Wayne Oberg noted that there is funding available. Glen Posusta questioned whether the City could ask Mark Pultusker, who was with FiberNet at the time of the first trial period, why they didn't proceed with Calix. Brian Stumpf noted it would have been a decision made by the advisory board. City Administrator Jeff O'Neill noted that the equipment is different now, that even though it wouldn't work in 2012 -2013 it may actually work now. Glen Posusta questioned what services we would be getting from this system and if it was just tracking. Bryan Rabe commented that the users would be able to see trends and do more in -depth troubleshooting on customer calls and issues. Glen Posusta questioned whether a report will be provided on what was accomplished during this trial period. Bryan Rabe confirmed that there will be updates. Brian Stumpf suggested that monthly updates be given to both the FiberNet Advisory Board and the City Council. LLOYD HILGART MOVED TO ACCEPT ALTERNATIVE I AUTHORIZING THE PURCHASE "OF CALIX COMPASS SOFTWARE SUITE FOR A TRIAL PERIOD OF THREE MONTHS. CHARLOTT GABLER SECONDED THE MOTION. MOTION CARRIED 5 -0. C. Consideration of adopting Resolution 2015 -062 approving a PUD adjustment and amendment to development contract for the Swan River PUD. Angela Schumann presented the item and provided an update. When the PUD was originally approved the location of the crosswalk was at Maple St. and 5 %Z St. Swan River is-requesting that the crosswalk be moved midblock which would provide a more direct access between their two buildings. A planning subcommittee was created to address this. The committee met three times and included Councilmembers Tom Perrault and Charlotte Gabler. The committee carne up with a list of conditions which included: 1) the existing `bump -in' on the east side of Maple Street would need to be removed; 2) the Developer shall provide an in- street portable crossing marker; 3) the Developer shall provide school crossing guards; 4) the Developer shall provide a flagger at the intersection of 5 '/2 and Maple to warm northbound vehicles; 5) the Developer shall provide a colored thermoplastic crosswalk; and 6) the Developer shall mark the crosswalk with a blinking push -button sign visible to both directions. The developer, or Swan River, agreed to these conditions. Angela Schumann continued the discussion with a second consideration for the City Council. This item was in regard to the potential establishment of a school speed zone in this area. If the speed zone is desired a school speed zone analysis needs to be completed. According to City Engineer Shibani Bisson, this traffic City Council Minutes — August 10, 2015 Page 6 19 count study is needed by the State for documentation. Swan River is supportive of this speed zone analysis and would contribute to its cost. Katie Curtis, Swan River Representative — 500 Maple St., was present for questions. Brian Stumpf asked Ms. Curtis that if the `bump in' is removed, would drop offs, pickups, or deliveries be made in that location. Katie Curtis commented that all deliveries are made at the south door (side of building) — not off of Maple Street and noted that the midblock crosswalk would not be used to drop off or pick up. In addition, parking be allowed in this area. Glen Posusta questioned whether there would be a handicap accessible entry. Katie Curtis commend yes. Glen Posusta also questioned the location of the blinking light. Shibani Bisson noted that it would go where the new midblock crosswalk would be located. Ms. Bisson stated that she does not recommend locating the crossing midblock but should be located at the intersection of 5 '/2 St and Maple St. After continued discussion, it was also determined that the current crosswalk would remain in its present location. Tom Perrault questioned the time the crossing guards would be utilized. Is it 9 a.m. — 3 p.m.? Katie Curtis noted that school is in session until 3:20 p.m. so she would like the crossing guards to be in place from 9 a.m. — 3:20 p.m. Lloyd Hilgart questioned how much a speed study was. According to staff, the study is $500. Tom Perrault questioned whether the City thought the speed study would be approved. Shibani Bisson commented that because of site conditions, site factors, and traffic numbers, it would most likely be approved. Katie Curtis, Swan River, noted that all these improvements are being paid out of the School's building company's fund, not the school fund. Glen Posusta commented that he thinks the crosswalk should be a little wider than similar sidewalks — like the one outside of the Community Center. Shibani Bisson noted that crosswalks are typically 8 ft. wide. (DECISION 1) GLEN POSUSTA MOVED TO ACCEPT ALTERNATIVE 1 WITH THE AMENDMENT THAT THE CROSSWALK BE WIDENED TO BE A 10 FT. CROSSWALK. CHARLOTTE GABLER SECONDED THE MOTION. MOTION CARRIED 5 -0. Tom Perrault added during the motion that the crosswalk should be midblock. Angela Schumann noted that such findings will be included in the resolution. (DECISION 2) GLEN POSUSTA MOVED TO ACCEPT ALTERNATIVE 1 TO DIRECT THE CITY ENGINEER TO PREPARE TRAFFIC STUDY INFORMATION RELATED TO A SCHOOL SPEED ZONE FOR MAPLE STREET ALONG THE SWSC SITE. CHARLOTTE GABLER SECONDED THE MOTION. MOTION CARRIED 5 -0. City Council Minutes — August 10, 2015 Page 7 19 5. Added Items • Charlotte Gabler questioned whether we should allow other businesses to list on the City's Utilities website page. Is there a policy of what can go on the website? Wayne Oberg stated that we don't allow businesses to post. Whatever is on the utilities page is where there is only certain choices? After some City Council discussion it was a consensus that the City should not allow other businesses to advertise on City's website. The content of the site is at the discretion of the City and the City Council. Brian Stumpf commented on the large number of data requests that City staff is receiving. He feels that some of the requests are rather harassing and demeaning. He questioned whether staff should forward the requests to the City Attorney and if there would be any merit in initiating the process of obtaining a restraining order. Joel Jamnik, Campbell Knutson, PA (City Attorney), commented that the City is obligated to respond to data requests. Glen Posusta questioned what the current policy is. Joel Jamnik commented that according to State statute that if the requests are burdensome, and have an intent to harass, a City can ignore the request. He added that the requests are a lot more detailed than originally thought. The City has not reached a conclusion to deny any certain request. Both the City policy and State Statute allows the City to have an interchange with the requestor to narrow the requests so they don't become burdensome. Lloyd Hilgart questioned whether the City was tracking the time spent on these requests. Jeff O'Neill mentioned that the City's policy was adopted after many requests were already received. However, going forward the City can document time and resources and can charge a fee on new requests received. One of the requests that is taking a long time is providing emails for the last two years from multiple sources. Jeff commented that the City wants to be careful in giving out information because they could possibly violate the Data Privacy Act if any of the emails contain private or confidential information. Therefore, each one needs to be reviewed. Lloyd Hilgart questioned how many requests have been completed and how many are outstanding. Jeff O'Neill commented that we have completed about 1/4 of them. The total number wasn't readily available. Rachel Leonard, Communications/FiberNet, commented that the reason it is hard to track requests is because the old form could contain multiple requests. The new updated form now requires for the requestor to put one request per form. This will better help staff track the request. Charlotte Gabler questioned whether the City Council should respond to a request on email. It was a consensus that the City Clerk and Administration would be responding to the requests. BRIAM STUMPF MOVED THAT THE CITY MOVE FORWARD WITH PROCESSING THE DATA REQUESTS AND DECIDE WHETHER OR NOT THE REQUESTS ARE BECOMING HARASSING AND THEN DECIDE HOW TO RESPOND OR PROCEED. CHARLOTTE GABLER SECONDED THE City Council Minutes — August 10, 2015 Page 8 19 MOTION. MOTION CARRIED 4 -1; GLEN POSUSTA VOTED IN OPPOSITION. Jeff O'Neill commented in regard to the above motion. He wanted clarification that the Administration would bring back a recommendation for City Council's review. Brian Stumpf remarked that it should go to the Personnel Committee and then the Personnel Committee would bring to the City Council. Brian Stumpf commented that he has visited every department in the last seven month and the City employees work hard. BRIAN STUMPF MOVED TO GIVE ALL CITY STAFF A 1% WAGE INCREASE EFFECTIVE SEPTEMBER 1, 2015. The motion died without a second. Glen Posusta questioned the total budget amount of this increase. He noted that he doesn't think that City employees are underpaid. Charlotte Gabler expressed her concern the motion isn't following policy and procedure. She added that a wage increase should first have went to the Personnel Committee. Lloyd Hilgart could agree with a wage increase, however, he feels that it should be in the 2016 budget and not implemented September 1 of this year. Tom Perrault agreed that the decision to grant a wage increase should proceed through the budget process. Further discussion -,,ill take place during budget discussions. 6. Adyournment As there was no further business, Mayor Brian Stumpf adjourned the meeting at 8:02 p.m. Recorder: Jennifer Burrows Schreiber{ i— Approved: Attest: "O Ci nistrator City Council Minutes — August 10, 2015 Page 9 19