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City Council Minutes 09-14-2009MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, September 14, 2009 — 7 p.m. Members Present: Clint Herbst, Tom Perrault, Glen Posusta, Brian Stumpf, Susie Wojchouski 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 24, 2009 Special Meeting BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE AUGUST 24, 2009 SPECIAL MEETING AS CORRECTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 2B. Approval of Minutes — August 24, 2009 Regular Meeting SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE AUGUST 24, 2009 REGULAR MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 2C. Approval of Minutes — August 31, 2009 Special Meeting GLEN POSUSTA MOVED TO APPROVE THE MINUTES OF THE AUGUST 31, 2009 SPECIAL MEETING. 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) FiberNet vehicles and b) Community Broadband Award. 4. Citizen comments. public service announcements and Council updates a. Citizen Comments: 1) Josh Dickinson thanked the City Council, City staff and others that helped make the August 22 "d Downtown Car Show a successful event. b. Public Service Announcements, if any: 1) Marls Schiffman gave a presentation on "Embrace Open Space," a collaborative of metro area organizations and agencies. He commented that Monticello has been proactive in promoting open space as well as Council Minutes — September 14, 2009 Page 1 development. Open space is defined as many areas including parks, hunting areas, and wetlands. Open space enhances community by preserving natural areas. Comprehensive Plans should address open space as well as areas for development. He noted that open space and green areas enhance home values and cited studies of Washington County (May 07) and Hennepin County (May 09) comparing assessed values and sale prices. Information is helpful in promoting your community and establishing good conservation practices. C. Council Updates: 1) Jeff O'Neill noted that there had been a gas leak earlier in the afternoon when a gas main was punctured near 4a' and Washington Streets. Public Safety agencies took immediate action to evacuate and secure the area. There was no explosion or fire and no injuries. The gas company took quick action to shut off the gas. Jeff commended everyone that responded and helped control the situation. 5. Consent Agenda A. Consideration of approving new hires and departures for FiberNet, MCC, Parks, Streets, and Water & Sewer. Recommendation: Ratify new hires and departures for FiberNet, MCC, Parks, Streets, and Water & Sewer. B. Consideration of approving $250 contribution from Tom Perrault to go into the General Fund. Recommendation: Approve Resolution 2009 -46 of a contribution from Tom Perrault. C. Consideration of approving final payments and accepting work for stucco surface and window and door improvements at the Monticello DMV /Monticello Help Center, City Project No. 09C001. Recommendation: Approve Resolution 2009- 47 to approve final payments and accept work for improvements at Monticello DMV /Monticello Help Center, City Project No. 09C001. F. Consideration of approving contract with Wright County Sheriff's Department for police protection for 2010 and 2011. Recommendation: Approve contract with amended wording for police protection with Wright County Sheriff's Department for 2010 and 2011. G. Consideration of Accepting Bids and Awarding Contract for FiberNet Video Switch Electronics Equipment, City Project No. 09C002, Recommendation: Approve Resolution 2009 -50 to accept bids and award contract for FiberNet Video Switch Equipment, City Project No. 09C002 to Madison Group /Power & Tel /CSI in an amount not to exceed $921,001.00. Consideration of approving replacement of MCC pool lighting. Recommendation: Approve contract with Olson & Sons Electric for replacement of MCC pool lighting in the amount of $11,175. Council Minutes — September 14, 2009 Page 2 K. Consideration of accepting quotes and approving subcontractors for FiberNet Monticello garage, City Project No. 09C006. Recommendation: Accept quotes and approve subcontractors, Wes Olson Electric and The Plumbery, for FiberNet Monticello garage, City Project No. 09C006. L. Consideration of approving Change Order No. 1 for FiberNet Monticello Garage, City Project No. 09C006. Recommendation: Approve Change Order No. 1 in the amount of $400 for FiberNet Monticello garage, City Project No. 09C006. N. Consideration of establishing Truth -in- Taxation Public Hearing date. Recommendation: Approve Public Hearing for 2010 property tax levy and budget on December 14, 2009 at 7 p.m. GLEN POSUSTA MOVED TO ACCEPT THE CONSENT AGENDA WITH ADDITION OF ITEM N (formerly #12) AND DELETION OF ITEMS D, E, H, I, AND M. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED 5 -0. 6. Consideration of items removed from the consent agenda for discussion #5D. Consideration of approving agreement with CGI Productions for participation in the 2009 Community Showcase Program, in which CGI will produce city promotional videos at no cost to the City. Jeff O'Neill explained the proposal from CGI Communications to produce six 1- minute videos (Tour Book) for the City with no direct charge to the City. Revenue to CGI comes from sponsors within the City, usually local businesses that, in turn, get exposure on the city website as part of the Tour Book. Brian Stumpf asked how we control what is put on the City's website and how much staff time is involved. Jeff O'Neill noted that City will have input into videotaping and script. Ile does not think much staff time will be needed. Staff displayed the Hutchinson website for Council to view the Tour Book on their site. Tom Perrault noted that a contract with CGI would run three years. TOM PERRAULT MOVED TO ACCEPT ALTERNATIVE #1 TO APPROVE A THREE -YEAR AGREEMENT WITH CGI COMMUNICATIONS FOR PRODUCTION OF PROMOTIONAL VIDEOS AT NO COST TO THE CITY. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. #5E. Consideration of approving application for GFOA internship grant. Tom Perrault asked how many hours an intern would work. Tom Kelly noted it would depend on the intern hired and how it worked out with their school schedule. Tom Perrault asked if the matching funds would come out of FiberNet Monticello due to the financial work that the City is doing as part of the FiberNet Monticello project. He wanted to make sure FiberNet Monticello did not get overcharged for hours. Clint Herbst noted that the hours would be charged based on the work done for FiberNet just as work Council Minutes — September 14, 2009 Page 3 being done on behalf of other enterprise funds. Tom Kelly noted that intern would only be hired if the grant is received. SUSIE WOJCHOUSKI MOVED TO ACCEPT ALTERNATIVE #1 TO APPLY FOR AN INTERNSHIP GRANT THROUGH THE MINNESOTA GOVERNMENT FINANCE OFFICERS ASSOCIATION. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. #511. Consideration of accepting quotes and authorizing staining /painting improvements for Monticello Fire Hall. Clint Herbst reviewed previous history of refinishing the wood surface of the Fire Hall. Bob Paschke presented the four quotes that were received for the painting and staining. He noted there is some wood that has to be replaced and repaired. Clint Herbst asked if there was consideration given to residing the Fire Hall instead of painting and staining again. Clint Herbst asked Lloyd Hilgart to step forward and comment on painting the Fire Hall. Lloyd Hilgart noted that he had talked to his dealer at Sherwin Williams and they said a new paint job would probably last about five years considering the condition of the wood. The wood will not stand up due to moisture issues and age of the siding. Glen Posusta noted that he does not agree with spending over $15,000 every 5 to 10 years to refinish the wood. He also noted that paint wears off whereas stain would become part of the wood. Brian Stumpf noted the reason for painting the Fire Hall back in 2003 was because the Joint Fire Board recommended the least expensive option, which was painting, rather than residing or something more durable. Clint Herbst asked Bob Paschke to display a picture of the Fire Hall to show how bad the wood looks. He feels that perhaps they could power wash the building to get rid of the loose chips for now. Glen Posusta noted that unless they can get down to bare wood, painting would not last very long. Susie Wojchouski suggested they go out and get some bids on residing the Fire Hall to see how the costs would compare to refinishing the surface. Glen Posusta also suggested that the doors and other repairs also be included in the project. Brian Stumpf suggested that perhaps some of the minor work could be done by city employees. SUSIE WOJCHOUSKI MOVED TO TABLE ITEM 5H AND ADVERTISE FOR QUOTES ON RESIDING THE FIRE HALL WITH PERMANENT SIDING. TOM PERRAULT SECONDED THE MOTION. MOTION TO TABLE CARRIED 5 -0. #51. Consideration of appointing a design planner to assist with MCC and City Hall space needs. Glen Posusta stated that he does not feel that a planner is needed to tell City staff what is needed for rearranging space at the Community Center and City Hall. Brian Stumpf Council Minutes — September 14, 2009 Page 4 concurred with Glen Posusta. Kitty Baltos explained that the main reason for a planner is to draw the design that takes into consideration the HVAC systems such as air movement and other mechanical needs, Consensus of Council is to use building department and other city staff to determine needs and come up with the design. CLINT HERBST MOVED TO DENY HIRING A DESIGN PLANNER FOR THE SPACE NEEDS AT MONTICELLO COMMUNITY CENTER AND CITY HALL. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. #5M. Consideration of approving a request for City action relating to Downtown Block Party on October 10, 2009 by the Monticello Downtown Business Association. Tom Perrault noted that he pulled this item so the MDBA could present their plan for a block party on October 10. Doug Schneider explained the layout as similar to the previous block party with closure of Walnut Street. In addition, they want to give hayrides if they can work out insurance concerns. Clint Herbst asked Susie Wojchouski how they handled insurance for the parade in conjunction with Santa in the Park. Susie noted they had insurance coverage for the vehicle and event. Doug Schneider explained they are looking at a company to provide horse -drawn hayrides if the company has insurance. Other activities would include a scarecrow contest and soup contest. Tom Perrault asked about City insurance coverage for the event and how that works. Tom Kelly explained that City is named as an additional insured on the private party's insurance to protect the City. Clint Herbst asked Doug Schneider to confirm that only Walnut Street would be closed and he noted that was correct, GLEN POSUSTA MOVED TO ACCEPT ALTERNATIVE 41 FOR THE TEMPORARY CLOSING OF WALNUT STREET ON OCTOBER 10, 2009 FOR THE MONTICELLO DOWNTOWN BUSINESS ASSOCIATION, INCLUDING USE OF PUBLIC PARKING AND AMENITIES, CONTINGENT ON PROOF OF INSURANCE COVERAGE AND THE STATED CONDITIONS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. Public Hearing — Fallon Avenue Rehabilitation Improvements, City Proiect No. 09C005 Bruce gave a short presentation describing the Fallon Avenue Rehabilitation project. He noted that the work would take place yet this fall, Bruce explained the process that will be used to reclaim the bituminous and resurface the road along with some appurtenant work. The roadway would be accessible at all times during the work schedule. The project would be 100% assessable based on front footage. The preliminary figures assume a 5 year payoff at 4.5% interest to affected properties. Total costs range from $187,550.64 to $228,527.68 with proposed assessment at $36.90 per front foot for a 24 ft wide roadway or $44.96 per front foot for a 28 ft wide roadway, Affected property owners have been notified of the potential assessments and were invited to a preliminary meeting on September 9 and to the public hearing tonight. Council Minutes— September 14, 2009 Page 5 Brian Stumpf asked why the bid amounts are different from the proposed project and assessment totals. Bruce noted that the proposed costs include indirect costs such as engineering and legal. Clint Herbst asked about the difference between doing a mill and overlay versus a rehabilitation of the road. Bruce explained that this would increase the life of the road significantly more than simply doing an overlay. He explained that property owners were noticed that the amounts assessed now would not be re- assessed at such time that the road would be rebuilt to an urban section with the exception of costs related to widening, storm sewer, pathways, and curb and gutter. Bret Weiss explained further about the process for rehabilitating the road. Depending on the quality of the existing road base, this may also impact the life of the road. If they rehabilitate the road, they could address problems with the road base also. Glen Posusta feels that it would be better to stay with a 24 -ft width considering that the road will be rebuilt sometime in the future. He does not feel the expense to extend the width is worth the extra cost at this time. Bret Weiss explained that it is anticipated that a future urban road would be widened to 36 ft. He feels it is adequate to stay with 24 ft width at this time but did not want to mislead the property owners into thinking that 24 ft width is satisfactory for the long term. Mayor Clint Herbst opened the public hearing for comments. Property owner, Jay Morrell, thanked the Council for considering staying with the 24 ft width for now. He questioned why Council would want to spend over $147,000 on the road now and then rebuild it in another eight years. Glen Posusta noted that the road should last longer than eight years with the process that was identified in the bid packet. Mr. Morrell wondered if a simple mill and overlay would be sufficient for now. He also questioned the impact of assessments to him since he is on a corner property. He wanted to know how they would determine the front footage. Bret Weiss explained that usually the short side is considered the "front footage" and the long side would be the side. Chelsea Road was done a little differently as there was a development agreement that determined how the assessments were applied. Mr. Morrell asked if there was no access, would a commercial property still be considered a benefitting property. Bret Weiss explained that usually a commercial property would be considered benefiting. Clint Herbst asked Mr. Morrell is he feels that the road needs work. He noted that a 2 inch overlay could be put on the road at a cost savings but he did not know how long it would last. Morrell agreed that the road is in pretty bad shape; it has probably been in existence for about 30 years with no work done on it. Bret noted the concerns they have with an overlay is how long a new surface would last with the wear and tear from traffic. Bret estimated that the rehabilitation would last a minimum of 8 years but could be as long as 15 years. He noted this is an excellent time to get bids for rehabilitating the road. Clint Herbst asked Bret to estimate how much the bids would come in for an overlay instead of rehabilitation. Bret felt that the bids would probably run slightly more than 50% of the current bids. Clint Herbst Council Minutes — September 14, 2009 Page 6 asked Mr. Morrell if he would prefer to pay less now and take a chance on how long the road would last. Morrell asked how long City feels it would be before further development would occur that would require installing a sanitary interceptor line and urban section. Glen Posusta commented that he feels that would not occur for quite a few years. Morrell suggested that, if the City feels it can get 15 years out of the road, it would be better to rehabilitate the road rather than do an overlay. Mr. Morrell also asked if it would be possible to allow an option for 10 year payoff on the assessment. He also asked for consideration of a reduction for corner lots for this project. Bret Weiss noted that Dundas Road would not be extended to Fleet Farm, which would mean there would still be traffic on Dundas but they would have to use Chelsea to access Fleet Farm. He feels this would justify the assessments on the proposed front footage. Mayor Herbst closed the public hearing. BRIAN STUMPF MOVED TO ACCEPT ALTERNATIVE #1 TO FUND THE FALLON AVENUE REHABILITATION PROJECT WITH SPECIAL ASSESSMENTS AS IDENTIFIED. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED 5 -0. 8. Consideration of Acceptine Bids and Awarding Contract for Fallon Avenue Rehabilitation Improvements, City Project No. 09C005 GLEN POSUSTA MOVED TO ACCEPT ALTERNATIVE #1 AND AWARD THE FALON AVENUE PROJECT TO KNIFE RIVER CORPORATION IN THE AMOUNT OF $146,523.94 FOR A 24 -FT WIDE ROADWAY, AND TO ALLOW BOTH 5 AND 10 YEAR PAYMENT OPTIONS ON THE ASSESSMENT OF THE PROJECT. BRIAN STUMPF SECONDED THE MOTION, MOTION CARRIED 5 -0. Brian Stumpf requested that both the 5 and 10 year assessment options be included in the assessment hearing notices and public hearing. 9. (A) Consideration of revising access modifications to River Street / Hwv 75. (B) Consideration of authorizing preparation of a plan for implementing a Downtown directional sign program, and (C) Consideration of authorizing preparation of a Request For Proposal for traffic and redevelopment study of the Downtown/ Highway 25 corridor Jeff O'Neill introduced item and asked Bruce Westby to talk about access modification at River Street and Hwy 25. He noted that there have been several discussions between downtown businesses (MDBA) and City staff on these points. (A) Consideration of revising access modifications to River Street / Hwy 75 Bruce Westby noted that the City has been working on various aspects of the access issues at River Street and Hwy 25 for about 1 %2 years. Discussions have included businesses and residents in the affected areas. Bruce summarized the proposal: turn signal lights back on which would give flexibility to future development in the downtown Council Minutes — September 14, 2009 Page 7 and meet the needs of the businesses and residents in the area; leave intersection closed at East River St; West River St would have full access in and out turns with restrictions during peak traffic hours; no access modifications at any other intersections in the area. Bruce noted that there are resident concerns about car and pedestrian mixes along West River Street and that Council should keep that in mind for a future sidewalk. Clint Herbst noted that when Block 53 is developed, there would be limited changes to East River Street access. The barrier could be moved one block to Cedar Street but would be blocked to deter thru traffic on East River Street. Discussion ensued concerning turn lanes and stacking during traffic. Some suggestions include prohibiting left turns into the alley from Hwy 25, permanent barrier to prevent left turns onto East River Street; better definition of left turn lanes onto East Broadway and West River Street. Bret Weiss emphasized that the left turn onto East River Street would probably not be opened even if Block 53 is developed. Susie Wojehouski asked about future expansion of Hwy 25 from Buffalo to Monticello; she wanted to know if that would go all the way to the Mississippi Bridge. Bret noted the double lanes would go to Kjellberg's where Hwy 25 is already widened. Bruce Westby noted that discussions with MDBA indicate they would like the signals at Hwy 25 and River Street turned on to help with pedestrian movement. Brian Stumpf does not agree with turning the signals back on as he feels that it would back up the traffic too much. Bruce explained that MnDOT would work with the City to set the timing on the signals to enhance traffic movement. Brian Stumpf recalled that Chuck Rickert of WSB had noted a number of years ago that there would always be issues with the traffic due to the sheer numbers of cars that pass through. Council asked about the plan to restrict turns at the signals during peak hours. Bruce explained that the signals would not allow left turns from West River Street to northbound TH25 from 4 to 7 p.m. Susie Wojehouski said she would rather see pedestrians use the path under the bridge or go to Broadway to cross Hwy 25. Bret Weis noted that the path under the bridge probably needs some improvements as it is not well lit and there are a number of places that people can climb up under the bridge. Jeff O'Neill talked about ideas for consideration to improve pedestrian access in the downtown areas. Under (C), the proposed study could look at pedestrian crossings along with other traffic concerns in the original portion of the City. Brian Stumpf asked what possible uses there could be for TIF dollars that are available over time. Jeff O'Neill noted that funds could be used for a variety of projects including Fallon Av overpass and other traffic enhancements in the older parts of town to reduce congestion. Clint Herbst noted that no matter what decision is made, it will probably be difficult to please everyone. He reminded that if the signal lights are removed at River Street and Hwy 25, they will not be replaced in the future. That should be taken into consideration with the decision. Council Minutes — September 14, 2009 Page 8 Clint asked if anyone in attendance wanted to add comments. (Names and addresses are noted, as signed in.) Pat Lane (E River St): He does not want to see signals turned back on again, He likes how well it is working on East River St with the reduced traffic. Joseph Mahoney (425 W River St): Thanked Council for taking the time to investigate the concerns over the Hwy 25/River St access. He spoke on behalf of pedestrians., noting that Hwy 25 is a dangerous place to cross. He would like to see an easier way to get down to the path under the bridge; stairs are difficult to get up and down. He noted that traffic on W River St has improved. Leila McCarty (419 W River St): She suggested that the City recognize the residents and businesses of downtown as customers. She would like to see the downtown a lot busier and would like to see more law enforcement to keep the speed down on Broadway. She recommended that the MDBA add a couple of residents to their board to address needs of residents on West River St as well as the businesses in the area. Josh Dickinson (106 Walnut St): He stated his appreciation for the work of MDBA and city staff culminating in concessions made to arrive at results that benefit the majority involved. Originally he wanted the signals turned back on and left as is; he now agrees that some adjustments can be made to accommodate the wishes of more people. Pat Merkle (501 W River St): She stated her concerns about the children living on West River St and traffic flow. She would like to see some improvements whether it be sidewalks, signage or lower speed limits to slow the traffic. Clint Herbst noted that enforcement is part of the issue. He also noted that when River St is redone, they will look at sidewalks or other solutions. Kathy Froslie (corner of W River /Hwy 25): She summarized the impact on her business and thanked Council for opening up River St access again. Wants to see access continue to downtown as she feels that is the heart of the City. She did note it is rather dangerous with the speed of traffic coming over the bridge from Big Lake and feels that turning the signals on would help slow traffic. Tom Lingle (207 E River St): He noted that he would not like to see the barricade at Hwy 25 moved to Cedar St unless it still blocks traffic from getting onto East River St. After public comments, Bret Weiss commented about a new traffic control that is being used where the yellow control signs show the speed limit and the speed of the car approaching. He suggested talking to MnDOT about putting up that type of sign to alert drivers to slow down as they cross the bridge into the City. Bruce Westby elaborated on some comments that were made. He did note that Council and city staff have created a lot of communication with the public in regard to hearing from both businesses and residents through the city website, mailings and emails. Council Minutes — September 14, 2009 Page 9 Brian Stumpf reviewed the materials and noted that he has to make the hard decision that he feels should be made. He stands behind his decision to keep the signals turned off. GLEN POSUSTA MOVED TO ACCEPT ALTERNATIVE #1 TO MODIFY ACCESS AT RIVER STREET AND HWY 25 AND ACTIVATE THE SIGNAL SYSTEM. MOTION SECONDED BY SUSIE WOJCHOUSKI. MOTION CARRIED 4 -1 WITH BRIAN STUMPF VOTING IN OPPOSITION. Tom Perrault noted he is in favor of the proposal but would be open to looking at traffic and pedestrian issues on West River Street further. Council confirmed that the hours of traffic restriction could be changed over time. Jeff O'Neill noted that staff will be working with MnDOT on how to mark turn lanes to correlate with signal lights. (B) Consideration of authorizing preparation of a plan for implementing a Downtown directional sign program Jeff O'Neill explained that this option would look at informational signs that could be set up in the downtown area to direct traffic. The signs have unique colors and can direct to historic or civic sites in addition to general signage. Clint Herbst suggested that the Council could use more information before they make a decision. SUSIE WOJCHOUSKI MOVED TO TABLE THIS ITEM AND HAVE STAFF BRING BACK A PROPOSAL FOR SIGNAGE IN THE DOWNTOWN DISTRICT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. (C) Consideration of authorizing preparation of a Request For Proposal for traffic and redevelopment study of the Downtown/ Highway 25 corridor Jeff O'Neill explained this option would propose having a study done related to traffic and transit patterns in the downtown and original city. Clint Herbst suggested that it might be good to wait and see how the adjustments in the Hwy 25 /River St area affect traffic patterns. Brian Stumpf asked about TIF funds, timelines and how the money could be used. Jeff O'Neill proposed that information on TIF funds could be brought forward at the time Council would look at this item. BRIAN STUMPF MOVED TO TABLE THIS ITEM. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 10. Consideration of amending the terms of the Jefferson Commons (Lot 2, Blockl) purchase agreement between the City of Monticello and Michael Krutzig to allow the sale of the parcel by Mike Krutzig Angela summarized the history of the agreement that was established between the City and Michael Krutzig. She noted that Krutzig is looking at amending the agreement to Council Minutes — September 14, 2009 Page 10 allow him to sell the property to an outside party. Angela suggested that additional items should be included in an amendment to the agreement: • all previously assigned items in the Addendum will carry forward to a new purchase agreement. • City retains the right to approve any assignment of the development agreement • Any prospective buyer would be required to meet a certain development deadline (as determined by Council) Susie Wojchouski noted that the market is so tight right now that this alternative to allow Krutzig to sell the property would offer another possibility of getting the property developed. SUSIE WOJCHOUSKI MOVED TO ACCEPT ALTERNATIVE #1 WITH DEVELOPMENT TIMELINE TO BE DETERMINED WITH PROSPECTIVE BUYER. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 11. Consideration of establishing 2010 preliminary tax levy Tom Kelly noted that it is required by law to certify a preliminary levy and budget for the coming year by September 15 (tomorrow). Budget as presented would call for a levy of $8 Million for 2010. Tom Kelly noted that this proposal is well below the state levy limits. He reviewed the debt amounts that would be levied, The tax capacity provided by the County Assessor would set the tax rate at 47.958, which is a slight increase over last year. For example, if a residential home value was valued at $135,000 for 2009 and 2010, the owner would see a slight increase of about $19 in taxes. If total tax capacity increases, taxes may decrease slightly on residential property; however, the final figures are not available from the County yet, Tom Kelly explained the status of reserves in the various funds and compared them from 2004 to an estimated amount at the end of 2010. Under the proposed levy, reserves would be used to help balance the budget. Brian Stumpf commented that he does not want to use reserves to balance the budget, nor does he want to see a tax increase. Glen Posusta asked about the variance in the amount of some of the reserve balances from year to year. Tom Kelly explained that could be due to the application of reserves in former years. Glen Posusta said he thinks that staff should sharpen their pencils and figure out some creative ways to save money. Glen asked if there was any information gathered on voluntary leaves. Jeff O'Neill summarized findings of informal survey. About 56% of employees responded positively. Susie Wojchouski suggested that the preliminary levy be adopted and then hold some more budget workshops to cut back in some ways so that reserves are not used to balance the budget. Jeff O'Neill noted that staff has made cutbacks and put off purchases. He recommended that priority list be given to Council to work with in determining where to make changes. Council Minutes — September 14, 2009 Page 11 GLEN POSUSTA MOVED TO ADOPT A PRELIMINARY LEVY OF $7.75 MILLION FOR 2010. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 12. Consideration of establishing Truth -in- Taxation Public Hearing date This item was moved to the consent agenda, Item #5N. 13. Review of Ordinance Authorizing Permits for Use by the Disabled of ATV's, Motorized Golf Carts or other Mobility Devices on City Streets, Bike Lanes and Trails Jeff O'Neill noted that there may be some wording changes recommended based upon recent discussions with a person from the State that works with disability access. Joel Jamnik explained that the ordinance proposed is intended to specify permitting uses of mobility devices by disabled persons for devices other than electric wheel chairs. Clint Herbst stated his concerns with the proposed ordinance and whether the City should allow ATV's on pathways and trails. Brian Stumpf asked if special testing is required for a disabled person to get a permit. Joel Jamnik noted that testing is not involved, but the person has to demonstrate an ability to operate the device. Joel did note that the ordinance allows the City to restrict access to only designated areas, which could greatly limit use of ATV's. He noted that communities that have these ordinances generally use the ordinance to allow trips to destinations and not necessarily for recreational use of the paths and trails. Brian Stumpf asked how routes would be designated if you gave permits to disabled people at far points in the City. He noted that it might be difficult to determine routes when these types of devices are prohibited from state highways. Glen Posusta stated that he understood that the ordinance was directed at low power vehicles but does not feel that ATV's are low power. He would not be inclined to vote for an ordinance that allows other than low power. Glen Posusta also noted he has concerns about enforcement of routes that would be designated. Tom Perrault verified that wheelchairs are allowed on pathways currently. He does not feel comfortable with allowing ATV's on the pathways. GLEN POSUSTA MOVED FOR ALTERNATIVE 43 TO DENY ADOPTION OF THE ORDINANCE. SECONDED BY BRIAN STUMPF. MOTION CARRIED 5 -0. Added Items: a) FiberNet Monticello vehicles -Tom Perrault asked how many vehicles were purchased for FiberNet Monticello. He had received an inquiry on the number of vehicles that have the FiberNet Monticello metallic signs on the side of vehicles. General Manager Don Patten explained that FiberNet Monticello owns two trucks Council Minutes— September 14, 2009 Page 12 that are shared by four people. The other vehicles with the metallic signs belong to contractors that are required to use the metallic signs while working on the FiberNet project. Those vehicles generally have their business name on the vehicle too. Tom Perrault also noted that Truth in Taxation law changes include a provision that will not show the percentage change by taxing district anymore ( #16). He felt this would be to the detriment of the City and would not show that they have kept taxes from increasing. b) NATOA Community Broadband awards — Jeff O'Neill noted that the City is being recognized as "Community Broadband Organization of the Year" at the NATOA National Conference in New Orleans on September 30. Jeff read the press release: "City of Monticello, MN, for its vision and courage in planning a community fiber - to- the -home network and for fighting in the courts against an anti- competition incumbent for its right to determine its own broadband and economic future." Jeff suggested that Council may want to consider sending representatives of the City to attend the conference and accept the award. It would be recommended that Glen Posusta and Jeff O'Neill represent the City. Funding could come from general fund or FiberNet Monticello funds. Tom Kelly noted that the expense could not be taken from FiberNet Monticello bond funds as that is not an acceptable use of those funds. Jeff noted that there may be monetary benefits that eventually may come about due to this award. Consensus of Council is to have representation at the conference. 14. Approve payment of bills for September 14o' Tom Perrault asked about funding for the GPS unit divided between three sources but not FiberNet. Tom Kelly explained that FiberNet Monticello does not benefit directly from the GPS unit as it is used to locate utilities such as water lines. Tom Perrault asked whether that unit would be used to locate fiber cable eventually. Bruce noted that it would not. FiberNet Monticello has its own GPS and will be responsible for its own fiber cable locates. Susie Wojchouski asked about sprinkler permits for Community Gardens and along Front Street. She was wondering why there was a sprinkler installed along Front Street. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS FOR SEPTEMBER 14TH. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0 TO PAY THE BILL REGISTERS TOTALING $631,330.08. 15. Adjournment TOM PERRAULT MOVED TO ADJOURN THE MEETING AT 10:44 P.M. SUSIE WOJCFIOUSKI SECONDED THE MOTION. MOTION CARRIED 5 -0. Council Minutes — September 14, 2009 Page 13 Recorder: Catherine M Shuman Approved: September 28, 2009 Attest: L// istrator Council Minutes — September 14, 2009 Page 14