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City Council Minutes 08-24-2009MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, August 24, 2009 — 7 p.m. Members Present: Clint Herbst, Tom Perrault, Glen Posusta, Brian Stumpf, Susie Woj ehouski Members Absent: None 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. 2A. Approval of Minutes - August 10, 2009 Regular Meeting TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE AUGUST 10, 2009 REGULAR MEETING AS CORRECTED. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED 5 -0. 2B. Approval of minutes - August 17, 2009 Special Meeting SUSIE WOJCHOUSKI MOTED TO APPROVE THE MINUTES OF THE AUGUST 17, 2009 SPECIAL MEETING AS CORRECTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 3. Consideration of adding items to the agenda The following items were added to the regular agenda: a) Welcome to DJ's new business; b) Lawn conditions; c) Notification to residents affected by sealcoating project on 7th Street East; d) Neighborhood Watch program update; e) Cemetery littering and parties; f) Green Sheet update; g) Downtown Car Show on August 22; h) Money held back from manholes on Chelsea; i) Striping on School Boulevard; and j) Neighborhood Stabilization Program. The following item was added to the consent agenda: 5K) Street closure at Wildwood Court for block party. 4. Citizen comments, public service announcements and Council updates a. Public Service Announcements, if any: 1) Adopt a River Clean up — Angela Schumann announced that Public Works employees will be assisting with the River Clean up on September 12 along with other agencies. This annual event is organized by Xcel Energy 2) Introduction of Monticello Royalty - Sandy Suchy, Monticello Chamber Director, introduced the Monticello Royalty and talked about what they do (community pride, represent city, volunteer service at many events, improve communication skills, earn scholarships, participate in Council Minutes — August 24, 2009 Page r community events — about 85 events during the year). They would be happy to be included in City activities and she welcomes suggestions from the City. Anna Sombrio (queen), Abbey Quist (princess), Katie Tvedt (princess) introduced themselves. Mayor Herbst noted how much time they put in representing the City and thanked them for coming. b. Council Updates: 1) FiberNet Monticello progress report — Megan Barnett discussed the marketing aspects that she has been working on and showed the progress of the construction through online maps. FiberNet is holding an Ice Cream Social on August 25 as they start construction in Klein Farms development. They will encourage forms to be turned in for constructing drops at same time as the feeder lines are put in. Clint Herbst encouraged filling out forms now even if construction is not occurring yet. Glen Posusta asked if the Ice Cream Social was limited to Klein Farms and Megan noted that anyone is welcome to stop by. C. Citizen Comments: 1) Lary Hoopes from the Big Lake area asked if Council would consider allowing a competitive liquor store in the City. Clint Herbst noted that it is his understanding that State Statutes may not allow another store where there is a municipal liquor store, but they could look into it. 5. Consent Agenda: A. Consideration of approving new hires and departures for FiberNet. Recommendation: Approve new hires and departures for FiberNet. B. Consideration of accepting contribution from Tom Perrault in the amount of $250 to go to the General Fund. Recommendation: Accept contribution from Tom Perrault for $250 to go to the General Fund. C. Consideration of approval of a temporary charitable gambling permit for a raffle on September 13, 2009 at River City Extreme for West Metro Whitetails. Recommendation: Approve temporary charitable gambling permit for a raffle to be held on September 13, 2009. D. Consideration of approval of a temporary charitable gambling permit for a raffle on September 21, 2009 at Monticello Country Club for Ducks Unlimited. Recommendation: Approve temporary charitable gambling permit for a raffle to be held on September 21, 2009. F. Consideration of a request for extension of Conditional Use Permit for a Planned Unit Development for a multi - tenant commercial development in a B -3 (Highway Business) District. Applicant: Cornerstone /DOJO LLC, Recommendation: Approve request for extension of Conditional Use Permit for a Planned Unit Development for a multi- tenant commercial development in a B -3 District for Cornerstone /DOJO LLC. Council Minutes - August 24, 2009 Page 2 G. (Item moved to future agenda) H. Consideration of accepting work for City Project No. 02P005 (2002 -05P), Vine Place Townhomes. Recommendation: Approve resolution to accept work for City Project No. 02P005, Vine Place Townhomes, with the condition that the homeowner's association continue maintaining 6 1 /2th Street until such time it is completed to Elm Street. L Consideration of ratifying the decision of the EDA to adopt the TIF Analysis & Management Plan as written by Northland Securities. Recommendation: Ratify EDA's decision to adopt the TIF Analysis & Management Plan as written by Northland Securities. K. Consideration of approving a neighborhood block party and closure of Wildwood Court cul -de -sac. Recommendation: Approve neighborhood block party and closure of Wildwood Court cul -de -sac from 4 to 11 p.m. on Saturday, August 29, 2009. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #5E AND #5J AND THE ADDITION OF #5K. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 6. Consideration of items removed from the consent agenda for discussion #5E. Consideration of authorizing Edmonson Avenue pathway improvements, City Project No. 09C007. Tom Perrault stated that he was not aware that the cost would be so great for upgrading the Edmonson pathway. He would favor moving this to a future year. Brian Stumpf felt the road is so dangerous, therefore he thinks the path should be upgraded to keep pedestrians off the road. Glen Posusta was wondering how the cost would be covered. Bruce Westby noted that the developer's agreement covered how the path would be done and it complies with the agreement. The developer finished his share of the base, and the City is responsible for completing the paving. Council asked if Streets could complete the work. Tom Moores noted that their schedule is quite full, although they could complete the work if time allows. Bruce Westby explained that the cost for City to do the work would be $19,510. If contracted out, cost would be estimated at $25,000. If they add the section in Sunset Ponds, it would increase to about $29,000 for contracted work. Clint Herbst commented that he did not think the Sunset Ponds section should need to be paved. Bob Paschke noted that ADA access requirements dictate a paved path. Clint Herbst wondered why the path would have to be paved if the playground base consists of wood chips. Council Minutes - August 24, 2009 Page 3 Glen Posusta asked for verification that the cost for Edmonson pathway would be $19,510 if Public Works did the work. Bruce concurred that is correct; however, the work would not be warrantied compared to having it done by a contractor. Glen Posusta noted that he did not think that should be a prime consideration as it seems that contractors are not necessarily backing up their warranties. Bob Pasclike noted that the Public Works paving machine does 10 ft widths and the plan calls for 8 ft width. They could attempt to modify the paver to accommodate the 8 ft width. Tom Moores suggested that perhaps Public Works staff could do the prep work, complete the base and get it ready for paving, but contract out the actual paving. Tom noted the City had done some pathways in the Briar Oakes area but they were 10 ft width. The paver is actually used for street patching and was not intended for pathways. Tom Perrault asked if the contractor would warranty bituminous if City did prep work. Brian Stumpf asked if pricing would be as good if City did prep work and got quotes for only the paving. Brian Stumpf asked if Bruce could get a few quotes and bring this back up at the Special Meeting on Aug 31. Clint Herbst also directed staff to check with City Attorney regarding ADA requirements for the path at Sunset Ponds. BRIAN STUMPF MOVED TO TABLE THIS ITEM UNTIL THE AUGUST 31 ST SPECIAL COUNCIL MEETING. SUSIE WOJCOUSKI SECONDED THE MOTION. MOTION CARRIED 5 -0. Tom Perrault asked that the funds for completing the work come out of the Park and Pathway Dedication Fund. #5J. Consideration of acceptance of the 2009 First Annual Pathway Inspection Report for the City of Monticello. Glen Posusta asked who would be doing repairs that are noted in the Annual Pathway Inspection Report. Bob Paschke explained that city staff has been performing some of the maintenance and would continue minimal repairs if the item is approved. The fog sealing and larger repairs would need to be contracted. Under the plan, the repairs would be spread out over several years. Glen Posusta asked what "fog sealing" does. Bob explained that this is a special spray that helps preserve the pathway surface and would be applied to newer path sections. Tom Pawelk explained that the Parks Department is doing the patching but will need to purchase the supplies from a contractor. He would like to adopt a plan to maintain the pathways, especially the older ones. Glen Posusta thinks that Council should revisit the decision to rebuild the sidewalk sections by the cemetery and put the money toward fixing the pathways. Clint Herbst noted that he looked at sidewalks compared to pathways. He feels that most of the sidewalk repairs are minor and the City would be better off putting money towards pathway repairs. Glen Posusta feels that sidewalks have a much longer life span and the City should focus on pathways since bituminous degrades more over time. Council Minutes - August 24, 2009 Page 4 Susie Wojchouski asked why fog sealing would only be done for newer pathways. Tom Pawelk explained that the surface of the older pathways are not in good enough condition for fog sealing to make a difference in preserving the surface. GLEN POSUSTA MOVED TO APPROVE ALTERNATIVE #2 TO ACCEPT THE PATHWAY INSPECTION REPORT AND AUTHORIZE REPAIRS UP TO $15,000 FOR THIS YEAR AS BUDGETED. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED 5 -0. Brian Stumpf verified that this decision does not affect any sidewalk repairs authorized with the Annual Sidewalk Report. SUSIE WOJCHOUSKI MOVED TO RESCIND THE JULY 13, 2009 COUNCIL ACTION TO CONSIDER REPAIR OF THE CEMETERY SIDEWALK. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED 5 -0. [Note: Motion to rescind is not needed as there was no motion made to repair the cemetery sidewalk.] Postponed - Review of Highway 25/River Street Access Modification now set for 9/14/09 meeting pending additional information from MNDOT. This item is postponed to next regular Council Meeting. 8. Consideration of award of contract for FiberNet Monticello Garage Facility, City Project No. 09C006. Bob Paschke explained there was one bid received from Morton Buildings with two options. Two other companies declined to bid. Option 1 would include General Management and construction by Morton Buildings for $100,842.00. Option 2 would be for construction by Morton Buildings for the structure and use their subcontractors for the miscellaneous work, with the City acting as general contractor, for an estimated cost of $95,607. The total size of the garage building would be 48 feet by 30 feet. Clint Herbst asked what the cost is estimated to be including all electric, heating and miscellaneous. Bob Paschke noted that either option includes the cost for the subcontracted work using Morton Building's subcontractors. Mr. Rich Rothstein from Morton Buildings was asked to explain what their cost included if they served as General Manager. He explained that they would construct the garage plus contract for the miscellaneous items (electric, heating, etc), and they would coordinate the work of the subcontractors if they serve as General Manager. Morton Buildings would cover the Builders Risk Insurance, which is 1.5% of total cost. Glen Posusta asked how many local subcontractors would work on the project. Mr. Rothstein noted that The Plumbery would do the plumbing work and Wes Olson would be doing the electrical. Glen Posusta noted that he thinks City should act as General Manager; he feels that there would city staff such as Gary Anderson or Ron Hackenmueller that could oversee such things as plumbing and electric. Council Minutes -August 24, 2009 Page 5 GLEN POSUSTA MOVED TO APPROVE ALTERNATIVE #2 TO AWARD THE CONTRACT FOR THE FIBERNET GARAGE FACILITY, CITY PROJECT NO, 09CO06 TO MORTON BUILDINGS INC., WITH CITY STAFF ACTING AS GENERAL MANAGER, FOR THE AMOUNT OF $95,607. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 9. Review of Ordinance AuthorizinE Permits for Use by the Disabled of ATV's, Motorized Golf Carts or other Mobility Devices on City Streets, Bike Lanes and Trails. Clint Herbst asked if this ordinance would allow mobility devices on pathways. Jeff O'Neill noted that it would allow some use with restrictions such as use on designated trails only. For example, motorized wheel chairs might be less intrusive on pathways than an ATV, which would be restricted from more areas than an electric wheel chair. Brian Stumpf asked if it would be difficult to monitor permitting in different areas of the City. He felt that it might be better to not allow such use on paths. Clint Herbst asked about process for determining who can receive permits. Jeff O'Neill noted that the ordinance should address that and allows for withdrawal of permit if person misuses it or does not qualify anymore. Susie Wojchouski suggested that there is not enough information known yet, and Council probably needs to have a lot of questions answered by the City Attorney. Brian Stumpf concurred and thinks it would be good to table until Attorney can be present. Clint Herbst asked if there could be limits to the time that use on pathways would be allowed, such as no use between November 1 and April 1. Tom Pawelk noted that the DNR has restrictions on how and where ATVs and similar vehicles can be used and does allow them on roadways in certain situations. He feels that it might not be wise to allow motorized vehicles on the pathways which are heavily used by pedestrians. He noted, however, that he would not want to affect the use of the pathways by Parks Department employees while working. SUSIE WOJCHOUSKI MOVED TO TABLE THIS ITEM FOR FURTHER DISCUSSION WHEN THE CITY ATTORNEY CAN BE PRESENT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 10. Consideration of Alternatives for Establishment of FiberNet office /store front location. Jeff O'Neill noted that this could be done in a closed session if so desired. Council declined moving to a closed session. Council Minutes - August 24, 2009 Page 6 Jeff O'Neill summarized possible actions that could be taken to secure office and retail space for FiberNet Monticello. The City has several options to purchase property or to lease. Two parcels are available for purchase within close proximity of City Hall /Community Center. Jeff O'Neill noted that an offer was made to Wayne Elam, agent for Prairie Center, at $575,000 and they made counter offer of $600,000 (plus special assessment). The original cost was set at $749,000. Jeff O'Neill explained the funding sources that could be used if Council would want to make an investment in the property. Brian Stumpf stated that the main purpose of the purchase is for FiberNet space needs. He feels it most appropriate for FiberNet to purchase or lease the space and not have the City pay for property. If the City has other space needs, they should be looked at separately and not considered with this purchase. Glen Posusta noted that the reason for looking at this purchase is the opportunity to purchase property at a cost that would be a much greater savings than a lease arrangement. He also feels that the City should take advantage of additional space that could be available for other needs of the City. What the City would pay in lease costs, could pay for the property in 8 to 10 years. He also noted that FiberNet would be paying the City for the space that they would use in the building. Clint Herbst noted the opportunity for the City at this time with two properties available for purchase next door to the current City Hall. Brian Stumpf noted that there are other departments of the city that are out of space such as Fire Department and Public Works, but we are not looking at purchasing space for them. Brian Stumpf emphasized that he wants FiberNet to be a standalone business and be located by itself (not tied in with other city facilities). Glen Posusta pointed out that no matter where FiberNet would be located, it will probably not stand alone by itself; there would probably be other businesses located within the same building. Glen Posusta also noted that the City has purchased land for future expansion of Public Works. It may or may not be used for Public Works in the long rum, but the City took advantage of an opportunity to get the land at a good price. Susie Wojchouski asked Tom Kelly to explain how Liquor Store reserves would be used to help fund property purchase and whether that would affect other uses. Tom Kelly gave some examples of how Liquor Store funds could be used for various city projects, including purchasing of property. Susie Wojchouski asked about current leases at Prairie Center. Clint Herbst did not think the City intends to ask any tenants to leave until they are ready to leave. Glen Posusta noted that the upside is that the City takes some lease property off the market, opening up new possibilities for private agents. The downside is that the building comes off the tax rolls. Council Minutes -August 24, 2009 Page 7 Tom Perrault asked why City couldn't continue leasing the extra space in Prairie Center. Susie Wcjchouski said she does not want City competing with private businesses that lease out office and retail space. Clint Herbst thought the space not used by FiberNet could be better utilized as rental meeting space by the Community Center or other use by the City. Susie Wojehouski asked if Council would want to hold off on a decision until the budget discussion is held and a preliminary levy established. Clint Herbst thought it would not make a difference if Council votes now or holds off a week. It is important that space be found for FiberNet as soon as possible. Brian Stumpf reiterated that he would like to see FiberNet pay for property that they would be using and prefers that they lease for the first year or two. Tom Perrault said he feels FiberNet needs to establish a place that they can use permanently for their offices. BRIAN STUMPF MOVED TO APPROVE ALTERNATIVE #3 TO REDIRECT EFFORTS AT FINDING SPACE FOR RENT OR PURCHASE BY FIBERNET MONTICELLO. MOTION FAILED FOR LACK OF A SECOND. SUSIE WOJCHOUSKI MOVED TO TABLE ACTION ON THIS ITEM UNTIL AFTER DISCUSSION ON THE 2010 BUDGET ON AUGUST 31, 2009. MOTION SECONDED BY TOM PERRAULT. MOTION FAILED WITH TOM PERRAULT AND SUSIE WOJCHOUSKI VOTING IN FAVOR AND CLINT HERBST, GLEN POSUSTA AND BRIAN STUMPF OPPOSED. Clint Herbst noted that he does not feel that $600,000 for the purchase of this property would make a huge difference when setting the preliminary levy for 2010 budget, as the funds would not be included in the levy amount. Glen Posusta asked Don Patten whether FiberNet Monticello could purchase a building. Don Patten commented that they probably have the funds but was not sure if the bondholders would want funds used that way. Tom Kelly noted that bondholders should not need to give their approval, but a purchase might affect the business plan financial projections negatively. GLEN POSUSTA MOVED TO APPROVE ALTERNATIVE 41 TO PURCHASE THE PRAIRIE CENTER PROFESSIONAL BUILDING IN THE AMOUNT OF $600,000.00 WITH THE CITY PAYING THE SPECIAL ASSESSMENT BALANCES. MOTION SECONDED BY SUSIE WOJCHOUSKI. MOTION CARRIED 4 -1 WITH TOM PERRAULT, SUSIE WOJCHOUSKI, GLEN POSUSTA AND CLINT HERBST VOTING IN FAVOR AND BRIAN STUMPF OPPOSED. Tom Perrault asked how Liquor Rinds would be used to pay for the purchase. Clint Herbst explained that $600,000 would be paid out of Liquor Store reserves and then an agreement would be worked out with FiberNet for rental of space at market rates. Those payments would pay back the Liquor Store funds. Tom Perrault noted that he does have Council Minutes - August 24, 2009 Page 8 some concerns about how City would use the extra space as it would become available after the current leases end. Clint noted that current tenants would not be asked to leave. The City or FiberNet plans to utilize other spaces in the building as the leases expire and tenants move out of the building. Added Items: a) Welcome to DJ's new business -Tom Perrault noted that he had stopped at DJ's new business in the old Moon Motors building to welcome them to Monticello. The building remodeling is mostly completed and they are moved in. They were complimentary of the help they received from staff. b) Lawn Conditions - Tom P noted that there are a lot of lawns around town that need attention. Susie Wojchouslci noted that there will probably be a lot of mowing this week and thinks it will look better by next week. c) Notification to residents affected by sealcoating project on 7rh Street East - Tom Perrault asked if City could hand out notices to residents so they know when streets are going to be sealcoated. Some residents did not know the project was being done and were contacted at the last minute to move their cars. Tom Moores noted that notice was put on website and contractors had put up signs in the area. Angela Schumann noted that residents can sign up for email notification for a variety of notices including project information. d) Neighborhood Watch program update — Susie Wojchouski was looking for an update on the Neighborhood Watch Program following the meeting at Groveland Park. Angela Schumann pointed out the tab on City website called "Monticello Living." The Neighborhood Watch program is included on that tab. She also explained efforts at Groveland Park to improve safety. The Sheriff's Department has been very involved in those efforts. She also showed how people can sign up for ENews updates and receive information on these types of activities. e) Cemetery — littering and parties — Susie Wojchouslci said that she had heard from residents living near the cemetery regarding complaints about adults going down to the river for parties and littering the place, especially during the day. Tom Pawelk noted that they placed a trash can at the corner of the cemetery but have not noticed littering and trash by the river. Trash gets picked up every Monday and Thursday. Clint Herbst suggested that the City keep an eye on the site from time to time during the daytime. Tom Pawelk will check with the Sheriff s Department and ask them to specifically check that area. f) Green Sheet Update — Jeff O'Neill handed out copies of the update to Council. g) Downtown Car Show on Aug 22 — Glen Posusta noted that the event appeared quite successful and there were a lot of cars brought in to the show. It seemed to bring a lot of people downtown. He thought the organizers did a good job. Council Minutes - August 24, 2009 Page 9 h) Money held back from manholes on Chelsea — Glen Posusta noted that the City is still holding back a large amount of money for lifting the manhole covers on Chelsea but developer still has not taken care of the manholes. Bruce Westby noted that this is a discussion item for site review on Tuesday, August 25 and they will be working on a solution. i) Striping on School Blvd — Clint Herbst wanted to know how the striping process would be done. Bruce Westby noted that the contractor would not warranty a poly preform striping. Instead they would use epoxy which would be warrantied and would be a lesser cost to the City. Bruce also explained the process that the City would use to maintain the striping over time. j) Neighborhood Stabilization Program —Tom Perrault noted that funds for purchasing foreclosed homes are still available and encouraged people to check the City website for more information. 11. Approve payment of bills for August 24th Tom Perrault asked about purchase of stress balls for FiberNet Monticello; this was for marketing at Walk & Roll. Brian Stumpf asked if credit cards are being monitored. He noted that several items were purchased twice by two different departments at different costs. He asked if that could be watched more closely. Tom Kelly explained the process of checking out credit card versus charging at the Hardware Store. GLEN POSUSTA MOVED TO APPROVE PAYMENT OF THE BILLS FOR AUGUST 27TH. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0 TO PAY THE CHECK REGISTERS TOTALING $590,384.79. 12. Adjournment BRIAN STUMPF MOVED TO ADJOURN THE MEETING AT 10:02 P.M. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M Shuman Approved: September 14, 2009 Attest: 9 64 Ciry kA inistrator Council Minutes — August 24, 2009 Page 10