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City Council Minutes 07-13-2009 1 MINUTES REGULAR MEETING – MONTICELLO CITY COUNCIL Monday, July 13, 2009 – 7 p.m. Members Present: Clint Herbst , Tom Perrault, Glen Posusta, Brian Stumpf, 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 recited. 2. Approval of Minutes – June 22, 2009 Regular Meeting SUZIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE JUNE 22, 2009 REGULAR MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda The following items were added to the consent agenda: l) Approval of Shell credit card for FiberNet Monticello. The following items were added to the regular agenda: a) Consideration of construction of downtown area gazebo . 4. Citizen comments, petitions, requests and concerns a. Public Service Announcements: 1) Riverfest – Mayor Clint Herbst congratulated the new Monticello Royalty: Queen Anna Sombrio and Princesses Abbey Quist and Katie Tvedt. Suzie Wojchouski congratulated the Riverfest Committee and City Parks Department for all their work. 2) Beer Tasting Event – Tom Kelly announced that Hi Way Liquors is holding a Beer Tasting on July 31 at the Monticello Community Center from 7-9 p.m. Tickets can be purchased for $15 at the Liquor Store. Ticket price includes over 70 featured beers, catered food and door prizes drawings. 3) DMV Office – The Deputy Registrar (DMV) Office will be closed on July 21 from 9:30 to 11:30 a.m. for driver license training. The DMV will be able to offer driver license renewals on a limited basis. The state will authorize them 2 to do full renewals when state funds become available for the camera and equipment. b. Council Updates 1) Fiber optics update – Jeff O’Neill provided an update on the FiberNet Monticello project. Construction of the fiber network began today (July 13). There is a map showing construction areas on the FiberNet website. Several employees have been hired included a Lead Technician, Lead Customer Service and Locator. Customer Service is operating out of city hall and the process for finding a store front is underway. The City still intends to apply for NTIA stimulus funds for an expanded area. Other items on the agenda include truck purchases and garage construction. Megan Barnett gave an update on marketing efforts and encouraged people to go to the website at www.fibernetmonticello.com for a lot of new information and forms. 2) River Street/Hwy 25 access – Bruce Westby informed Council that city staff met with some of the downtown business owners to get feedback. The Monticello Downtown Business Association (MDBA) asked if a meeting could be held for further discussion and this is scheduled for Tuesday, July 14. c. Citizen Comments 1) Angela Krautbauer of Stellar Property Investments took over a property that included a rental unit and paid the rental transfer fee of $25. Because the annual rental license fee was not paid by December 31, 2008, she is being assessed a late fee which doubles the cost of the license. She would like more information about this policy and why it was set up this way. Gary Anderson explained that applications are due by December 31 of each year. To encourage landlords to get their applications in on time, a late fee (equal to double the regular rate) was established in the policy. Ms. Krautbauer explained that she was not aware of the annual rental licensing policy when she purchased the property and asked if the late fee could be waived this time. SUZIE WOJCHOUSKI MOVED TO WAIVE THE LATE FEE FOR THE RENTAL LICENSE FOR STELLAR PROPERTY INVESTMENTS.GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5. Consent Agenda: A. Consideration of approving new hires and departures for MCC, FiberNet and Liquor Store. Recommendation: Ratify the hires/departures for MCC, FiberNet, and Liquor Store as identified. 3 B. Consideration of approval of a temporary liquor license for Hi-Way Liquors Beer Tasting Event on July 31, 2009. Recommendation: Approve a temporary liquor license for Hi-Way Liquors Beer Tasting Event on July 31, 2009. C. Consideration of approval of temporary liquor license for Church of St. Henry’s Fall Festival, September 19-20, 2009. Recommendation: Approve a temporary liquor license for Church of St Henry’s Fall Festival, September 19-20, 2009. D. Consideration of approval of temporary charitable gambling license for the Church of St. Henry’s Fall Festival, September 19-20, 2009. Recommendation: Approve a temporary charitable gambling license for the Church of St Henry’s Fall Festival, September 19-20, 2009. E. Consideration of appro val of temporary charitable gambling license in conjunction with a Rotary golf event, August 31, 2009. Recommendation: Approve a temporary charitable gambling license in conjunction with a Rotary golf event, August 31, 2009. G. Consideration of adopting resolution consenting to the bankruptcy filing and restructuring by Charter Communications. Recommendation: Adopt resolution consenting to the bankruptcy filing and restructuring by Charter Communications. H. Consideration of awarding bid for 2009 seal coating project. Recommendation: Award bid for 2009 seal coating project to Allied Blacktop Company in the amount of $56,360.78. I. Consideration of approving an amendment to the Monticello Zoning Ordinance, Chapter 3, regulating Signs as related to signage for institutional uses. Recommendation: Approve amendment to the Monticello Zoning Ordinance, Chapter 3, regulating Signs as related to signage for institutional uses including, but not limited to, public school facilities, hospital and medical facilities, municipal facilities and religious institutions. Ord. Amd. #503 J. Consideration of approving purchase of 2 pickup trucks for FiberNet Monticello. Recommendation: Approve purchase of 2 GMC half-ton trucks for FiberNet Monticello from West Metro at a cost of $32,800 plus applicable tax, title and license fees. K. Considerat ion of approving a neighborhood block party and closure of a portion of street. Recommendation: Approve neighborhood block party and closure of Hayward Court from Redford Lane to Park Place Drive on July 17 from 6 to 10 p.m. L. Consideration of approving credit card application for Shell Gas Station. Recommendation: Approve the credit card application for Shell Gas Station for use by FiberNet Monticello employees. 4 BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA AS RECOMMENDED WITH THE REMOVAL OF ITEM 5F AND ADDITION OF ITEM 5L. SUZIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. #5F. Review and consideration of acceptance of 2009 Sidewalk Inspection Report for the City of Monticello: Glen Posusta asked about the condition of the sidewalk along Riverside Cemetery. Bob Paschke explained that the problems are due to shale in materials that is breaking down over time; there are approximately 19 or 20 concrete sections. He noted that the materials used in the panels appear to have met the minimum specifications in the bid. Bo b discussed the situation with the contractor, Knife River, who has offered to pay 50% of the cost of materials to replace the degrading sidewalk sections. Bob suggested that City staff could replace concrete in sections as they degrade to a point where they need to be replaced. Knife River would be willing to contribute on this basis over several years. Glen felt that most of the sections are not that bad and it would be better to fix sidewalks in other areas of town as noted in the Inspection Report. Tom Perrault stated that he thinks the concrete should be fixed. Clint noted that it will be ap parent over time how bad the panels become and how much needs to be replaced. Glen commented that most concrete aggregate contains some shale and feels the problem is more of an install issue that an aggregate materials issue. Bruce Westby asked Council if they would prefer to table this part of the Sidewalk Inspection report and open the discussion again after Staff has a chance to review further. GLEN POSUSTA MOVED TO ACCEPT THE 2009 SIDEWALK INSPECTION REPORT WITH THE EXCEPTION OF THE SIDEWALK PANELS ALONG RIVERSIDE CEMETERY. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Consideration of a request for City action relating to a Car Cruise Event on Saturday, August 22, 2009 by Old Skool Kustoms/Monticello Downtown Business Association. Community Development Director Angela Schumann explained the request for a Car Cruise Event to be held on August 22nd which proposed to include: a) Approval of street closure and use of city resources and municipal parking lots 5 b) Approval of proposed sign permit for temporary banner c) Approval of temporary liquor license Angela noted that, after research by Monticello Downtown Business Association (MDBA), the State indicated that a temporary liquor license probably is not needed because the vendor has a full liquor license already. Item 7c most likely will not need approval. Glen Posusta asked where the cars would be driving and whether t here would be burnouts. Josh Dickinson of Old Skool Kustoms explained that cruising and burnouts would not be tolerated; this is noted in the letter included in the agenda item. Suzie Wojchouski asked whether the City has to pay the cost of renting barricades or if they own them. Tom Moores noted that they belong to the City and the only cost is for employee time to put them up and take them down. Suzie also asked about the cost of police protection. Josh Dickinson explained that the MDBA has been in touch with the Wright County Sheriff’s Department and are seeking the use of police reserves for that day. Josh Dickinson noted that he talked to Wright County about hanging a banner over Broadway (County Road 75) and has been told that they do not allow banners over county roads. He is looking at a means of hanging some temporary signs on some of the buildings along Broadway and will work that out with the owners and the City. BRIAN STUMPF MOVED TO APPROVE DECISION 1, ALTERNATIVE 1 APPROVING THE STREET CLOSURE AS DESIGNATED AND USE OF MUNICIPAL PARKING LOTS AND ASSOCIATED CITY RESOURCES; APPROVE DECISION 2, ALTERNATIVE 1 APPROVING THE PROPOSED SIGNAGE FOR A TEMPORARY SIGN PERMIT CONTINGENT UPON OBT AINING APPROPRIATE APPROVALS; AND APPROVE DECISION 3, ALTERNATIVE 1 FOR A TEMPORARY LIQUOR LICENSE, IF NEEDED. SUZIE WOJCHOUSKI SECONDED THE MOTION. MOTION WAS CARRIED UNANIMOUSLY. 8. Consideration of accepting feasibility report and authorizing prepara tion of final plans and specifications for Marvin Road Improvements, City Project No. 09C004 (2009-04C). City Engineer Bruce Westby explained findings of the feasibility study and options for improvements on Marvin Road. The recommended action is to construct drainage 6 improvements and leave the gravel surface until such time as the adjacent City property is developed. Bruce noted that the cost would be minimal as most materials are already on hand and labor could be provided through Public Works. He also noted that property owner Jay Morrell has provided crushed concrete and assistance to help alleviate the erosion. Brian Stumpf requested that the storm basin be repaired at the time that the other wor k is done on Marvin Road. Glen Posusta questioned why the City should have to pay to fix the road when drainage problems are being created from runoff caused by the businesses that are located along Marvin Road. With so much of the business property paved, the water runs off and causes erosion of the road. He asked if there was any way to go back to the property owners and assess them for a portion of the costs. Bret Weiss, WSB, explained that the City could hold a public hearing and determine whether there would be benefits of the project that could be assessed. He wasn’t sure whether the cost to go through this process would be worth it compared to proceeding with the repairs at the expense of the City. Glen asked if there was a possibility to have Jay Morrell contribute some of the materials, such as a catch basin, toward the repair project. BRIAN STUMPF MOVED TO APPROVE ALTERNATIVE #1 ACCEPTING THE FEASIBILITY REPORT FOR MARVIN ROAD AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS WITH THE RECOMMENDATION THAT JAY MORRELL BE ASKED TO CONTRIBUTE A CATCH BASIN OR OTHER MATERIALS NEEDED FOR THE PROJECT. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of accepting feasibility report and authorizing preparation of final plans and specifications for Fallon Avenue pavement rehabilitation project, City Project No. 09C005 (2009-05C). City Engineer Bruce Westby explained the findings of the feasibility report and the condition of Fallon Avenue. He suggested that there are basically two options to improve Fallon Avenue. One option would reclaim and repave the road as a rural section. The second option would reconstruct the road to an urban section. If reconstructed, there could be an option to construct a deep sanitary sewer trunk line. Road reconstruction 7 would also include storm sewer and curb and gutter as part of the co nversion to an urban section. Bruce noted that the assessment process should be taken into consideration when making a decision. If property owners are assessed for repaving the road, this could potentially affect future assessment for total reconstruction and installation of a sanitary sewer trunk line. Bret Weiss, WSB, suggested that the City may want to notify property owners of their intent to repave the road at this time and then assess later when the full road reconstruction is done and the sanitar y sewer trunk line installed. The City could also consider assessing a portion of the repaving costs with this project and then apply that amount as a credit against the amount that property owners would be assessed with the full project later. Glen Posusta commented that property owners should pay for at least part of the costs now as a benefitting property. He asked if the Council could authorize plans and specs now or would they have to hold a public hearing first. Bret noted that Council co uld approve the report and order plans and specifications to be prepared before calling for a public hearing. The public hearing would have to be held prior to awarding bids. SUZIE WOJCHOUSKI MOVED TO APPROVE ALTERNATIVE #1 APPROVING THE FEASIBILITY REPORT FOR FALLON AVENUE AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS AS OUTLINED IN OPTION #1 OF THE FEASIBILITY REPORT TO RECLAIM THE EXISTING BITUMINOUS PAVEMENT AND RESURFACE THE ROAD TO 24 FEET WIDTH; WITH AN ALTERNATE BID TO RESURFACE THE ROAD TO 28 FEET WIDTH. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration to proceed with a Comprehensive Zoning Ordinance Revision, to appoint a Planner for the Ordinance Revision, and to direct interim planni ng services. Community Development Director Angela Schumann explained the process that was used to select a firm to lead the revision of the Comprehensive Zoning Ordinance. After presentations were given and references checked out, MFRA was recommended b y the selection committee. During the interim period while MFRA conducts the review of the 8 Zoning Ordinance, it was recommended to continue utilizing NAC as consultant planners when needed. The budget of $44,000 was questioned by Glen Posusta. Bill Weber of MFRA explained that figure could be subject to change as they go through the diagnostic process which will allow the City to further refine the scope of the project and adjust the final budget amount. He estimated that it would take approximately two months to complete the diagnostic review. GLEN POSUSTA MOVED TO APPROVE ALTERNATIVE #1 TO PROCEED WITH A COMPREHENSIVE ZONING ORDINANCE REVISION, TO APPOINT MFRA AS THE CONSULTING PLANNER FOR THE PROJECT UTILIZING THE DIAGNOSTIC PROCESS TO FURTHER REFINE THE SCOPE AND FINAL BUDGET, AND TO DIRECT THE USE OF NAC FOR INTERM PLANNING SERVICES. SUZIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED 4-1 WITH TOM PERRAULT VOTING IN OPPOSITION. Tom Perrault noted that there was a significant difference in bids between NAC and MFRA. He prefers NAC due to the lower bid and feels they would complete the project quicker. 11. Consideration of approving plans and specifications and authorizing advertising for bids for a Garage at FiberNet Head-end Building, City Project No. 09C006. Public Works Director Bob Paschke explained the options available for construction of a garage at the Head-end Building as prepared by Kodet Architectural Group for a concrete building and Morton Buildings for a stick-built steel building. Council asked Rich Rothstein from Morton Buildings to explain his plans. He proposes a steel building with a roof sloped to the north and south. The building would have a brick fascia several feet up from the ground. The estimated cost of $62,375 includes materials and labor for interior and exterior finish, freight, tax and builders risk insurance. Plumbing, heating and related expenses would be additional costs, which Mr. Rothstein estimated at $20,000 to $25,000. GLEN POSUSTA MOVED TO APPROVE THE PLANS AND SPECIFICATIONS AND AUTHORIZE BIDS ON A STEEL BUILDING, SIMILAR TO WHAT WAS PRESENTED BY MORTON BUILDINGS, AS A COMPLETE PACKAGE WITH THE SUCCESSFUL BIDDER ACTING AS GENERAL CONTRACTOR; WITH AN ALTERNATE BID ON THE BUILDING WITH THE CITY ACTING AS GENERAL 9 CONTRACTOR. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 4-1 WITH TOM PERRAULT VOTING IN OPPOSITION. MOTION CARRIED 5-0. (corrected 7/27/09) 12. Consideration of purchase of equipment and operating software for Interactive GIS Web Server and applications for FiberNet Monticello and City of Monticello. Economic Development Director Megan Barnett introduced this item for consideration. The City is looking for authorization to expand GIS capabilities and, in turn, increase communication with the public for FiberNet Monticello and further enhance applications for City use in the future. Angela Schumann noted that the proposal covers the base costs for setting up the GIS Web Interactive system with enhancement s to City applications budgeted later. Clint Herbst asked about potential use for public safety such as the Fire Department. Angela noted that the St Cloud Fire Department has GIS capability in their vehicles so they can click on a GIS map and o btain detailed information for any building or property. Jeff O’Neill noted that the Sheriff’s Department is interested in wireless access to expand their GIS capabilities in their vehicles. An interactive GIS system at the City could be utilized by them for City-related calls and inquiries. Brian Stumpf asked if the system can be used by all departments and whether some City application enhancements should be included at this time. Suzie Wojchouski questioned whether the City is ready to move to this level of GIS. Bret Weiss, WSB, added some comments related to how other cities are using Web Interactive GIS applications and the value it can bring in many ways including institutional memory and historical record retention. WSB has been involved in implementing GIS web-based systems in a number of client cities. Brian Stumpf asked if there would be an ongoing monthly fee for this web-based system. Cathy Shuman noted that there would not be monthly fees to host or maintain the system. Actually the City will be able to take advantage of other resources in a web (or .NET) environment and integrate with current systems, without additional cost . The City’s new government software contract already includes funds to interface the go vernment applications with our GIS system. GLEN POSUSTA MOVED TO ACCEPT ALTERNATIVE #1 TO PURCHASE EQUIPMENT AND SOFTWARE FOR AN INTERACTIVE GIS WEB SERVER AND 10 APPLICATIONS AT AN ESTIMATED COST OF $23,841.66 WITH FUNDING TO COME FROM FIBERNET MONTICELLO, ENGINEERING, IT AND POSSIBLY CABLE COMMISSION FEES. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Items: Gazebo in Downtown Area – Glen Posusta questioned whether it would be possible to build a portable gazebo that could be placed in the downtown area for use by the public. The gazebo could be located on a vacant lot along Broadway. It would not be a permanent structure; if development would o ccur the structure could be easily moved. Consensus was to have Bob Paschke and Public Works put together a proposal and bring back to Council for further consideration. Clint Herbst suggested that the gazebo that is being built in East Bridge Park be posted on the City’s website and on Channel 12 when it is complete. 13. Approve payment of bills. SUZIE WOJCOUSKI MOVED TO APPROVE PAYMENT OF THE BILLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY TO PAY THE BILL REGISTERS TOTALING $583,444.72. 14. Adjourn BRIAN STUMPF MOVED TO ADJOURN AT 9:40 P.M. SUZIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ___________________________________ Approved: