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City Council Minutes 08-24-2015MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, August 24, 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 August 10 2015 (budget) Lloyd Hilgart moved to approve the August 10, 2015 Special Meeting Minutes for the budget workshop as presented. Glen Posusta seconded the motion. Motion carried 5 -0. • Regular Meeting Minutes from August 10 2015 Tom Perrault moved to approve the August 10, 2015 regular meeting minutes as presented that evening with corrections. Charlotte Gabler seconded the motion. Motion carried 5 -0. C. Consideration of Adding Items to the Agenda • Jeff O'Neill announced that he was pulling Item 4C off of the agenda, D. Citizen Comments • None E. Public Service Announcements Kitty Baltos, MCC Director, announced that Blazin' Thru Bertram Phillip LaVallee Memorial Run is Saturday, September 5, 2015. There will be a 4 mile run and a 2.25 mile walk. Sponsors of the event include All Elements Inc, Apollo Insurance, Ausco Design, Belde Chiropractic, Bernick's Beverage, Cargill Kitchen Solutions, Centracare Health Monticello, Foster White Agency, Health Source Chiropractic, and Schlenner Wenner & Co. • Kitty Baltos gave an update on the outdoor movie (Paddington) that was played on August 21. There were 265 people that attended. The final movie will be on October 30 and will be inside the Community Center. • An Open House /Public Visioning Session on the Bertram Chain of Lakes Athletic Master Plan is scheduled for Thursday, September 17 from 6:30 — 8 p.m. at the Community Center. City Council Minutes — August 24, 2015 Page 1 1 9 F. Council Liaison Updates • Personnel Committee Brian Stumpf noted that the committee met but it was a brief meeting and there wasn't a lot of discussion. • FiberNet Monticello Advisory Board - Brian Stumpf stated that the Board met and discussed getting the 10 -gig ring up and running. - He also mentioned there was discussion on completing the removal of Vaultus. This takes a 30 day notice so by October 1 it should be completed. - The August subscriber counts are holding steady. - Staff is continuing to respond to data requests. • EDA Lloyd Hilgart commented that most of the meeting centered on the potential of hiring an EDA Director. There was also discussion on adding an HRA Levy. • Monticello Community Center Advisory Board Brian Stumpf noted that the board met and approved a membership fee increase of 10% for new and lapsed memberships. • Fire Relief Wayne Oberg, Finance Director, attended this meeting. The discussion centered on the City's annual contribution to the fund. There are some concerns that the amount isn't where is should be since the dip in funding around the years 2008 and 2009. • Tom Perrault commented that an emergency drill was held the previous Tuesday regarding an incident that could take place at the Monticello Nuclear Generating Plant. Those involved included the City, Sherburne County, Wright County, and the State. • Tom Perrault mentioned that the next Waste Water Treatment Facility committee meeting will take place September 2, 2015. G. Department Updates • Brian Stumpf stated that there was a budget meeting prior to the regular City Council meeting where the Street Department, Water and Sewer Department, and Engineering departments presented. He commented that the departments are running low on time when presenting and the budget sessions will be opened back up to give them another opportunity to finish their presentation. • Brian Stumpf noted that there was a meeting of the EDA (City Council invited) before the Council meeting and discussion centered on the EDA Levy. The EDA made a recommendation to bring forward to the City Council for approval. • Joe Kounkel, Monti Shuttle, provided an update on ridership — including monthly riders, daily riders, etc. He mentioned some problems they are having with certain riders. City Council Minutes — August 24, 2015 Page 2 19 • Kyle Owen (MAML Hockey) gave a report of the Moosefest festival. He noted that they did lose a little money but considered it a success for being the first year. He commented that they plan to have it again next year but will do more with entertainment and marketing. • City Administrator Jeff O'Neill provided an update on the following items: 1. The City will be updating their policy on providing information with the City Council packets. Additional information handed out at the meeting will be put on the website following the meeting. 2. There is a 2015 League of MN Regional Meeting in Becker on October 22 from 1 — 7 p.m. 3. The Coalition of Utility Cities will be presenting at the City Council Meeting on September 28. . 4. Provided an update on the Employee Recognition picnic that took place on August 13. 5. There has been some progress on data requests. 2. Consent Agenda Lloyd Hilgart moved to approve the Consent Agenda. Glen Posusta seconded the motion. Motion carried 5 -0. A. Consideration of approving the payment of bills. Recommendation: THIS ITEM WAS REMOVED FROM CONSENT AGENDA. B. Consideration of approving new hires /departures. Recommendation: Ratify new hires and terminations for MCC and Parks. C. Consideration of approving the sale /disposal of surplus city property — (not applicable this meeting) No report this City Council cycle. D. Consideration of approving a Special Event Permit for use of City resources on Saturday, September 27, 2015. Recommendation: THIS ITEM WAS REMOVED FROM CONSENT AGENDA. E. Consideration of adopting Ordinance No. 619 for Amendment to the Monticello Zoning Ordinance Chapter 3, Section 4 (F) — Single and Two - Family Residential, Chapter 4, Section 11 — Building Materials, Chapter 5, Section 2 (C) — Standards for Residential Uses and Chapter 8, Section 4 — Definitions, for ordinance regulating minimum residential standards in the R -2 District. Recommendation: THIS ITEM WAS REMOVED FROM CONSENT AGENDA. F. Consideration of approving pathway microsurfacing improvements along CSAH 75 /CSAH 18. Recommendation: THIS ITEM WAS REMOVED FROM CONSENT AGENDA. City Council Minutes — August 24, 2015 Page 3 19 G. Consideration for approval to renew contract with Jakes Excavating for excavations and burials at Riverside Cemetery. Recommendation: THIS ITEM WAS REMOVED FROM CONSENT AGENDA. H. Consideration of adopting Resolution 2015 -063 approving an amendment to the Development Contract for Monticello Business Center 8h Addition for Phase II of the Monticello Crossings Project. Applicant: IRET Properties, a North Dakota Limited Partnership. Recommendation: THIS ITEM WAS REMOVED FROM CONSENT AGENDA. 2A. Consideration of items removed from the consent agenda for discussion 2A. Consideration of approving the payment of bills Tom Perrault pulled this item. He questioned one of the documents relating to TIF districts, specifically Master's 5a' Avenue Inc. and BBF Properties Inc. He thought they were separate districts and questioned why they were billed under TIF District 1 -22. Angela Schumann noted that they are separate districts within TIF District 1 -22. Wayne Oberg noted that this TIF document does not require City Council approval. It was included for informational purposes only. Charlotte Gabler moved approval of the payment of bills in total amount of $322,545.98. Tom Perrault seconded the motion. Motion carried 5 -0. 2D. Consideration of approving a Special Event Permit for use of City Resources on Sunday, September 27, 2015. Glen Posusta pulled the item. He questioned which vendors would be at the event. Charlotte Gabler commented that the vendors participating are businesses that are dog or pet related. Glen Posusta specifically mentioned the part of the memo that stated that a portion of the vendor's proceeds would go the park. He wondered what this amount would be, for instance, what percent would go to the park? There is no charge to the vendor to be at this event so he would like to know what their donation would be. Angela Schumann, Community Development Director, commented that there isn't a representative from Paws for Parks at the meeting but she believes the donation is a percent of sales, however, it is a voluntary donation. Glen Posusta is concerned that this event is costing the City through use of park services so he would like to know what is going to be donated back. Glen Posusta moved to table the item to the next meeting (September 14, 2015) in order to obtain an update from Paws for Parks on the mentioned donation amount. Tom Perrault seconded the motion and noted that the date was incorrect in the memo which should be corrected by next meeting. Motion carried 5 -0. City Council Minutes —August 24, 2015 Page 4 19 2E. Consideration of adopting Ordinance No. 619 for Amendment to the Monticello Zoning Ordinance Chapter 3, Section 4 (F) — Single and Two - Family Residential, Chapter 4, Section 11— Building Materials, Chapter S, Section 2 (C) — Standards for Residential Uses and Chapter 8, Section 4 —Definitions, for ordinance regulating minimum residential standards in the R -2 District. Tom Perrault pulled this item. He questioned Table 3 -6 in the Ordinance under the column Minimum Floor areas. He wondered if that was a per unit amount or a total amount. Angela Schumann noted that it was per unit and this note will be added to the ordinance. Tom Perrault also questioned if units could be built back to back with the units then having one entrance. Angela Schumann responded that those types of units are considered multi- housing and there is a separate multi- housing listing but it is limited to four units. Charlotte Gabler moved to adopt Ordinance No. 619 for Amendment to the Monticello Zoning Ordinance Chapter 3, Section 4(F) — Single and Two -Family Residential, Chapter 4, Section 11— Building Materials, Chapter 5, Section 2(C) — Standards for Residential Uses and Chapter 8, Section 4 — Definitions, for ordinances regulating minimum residential standards in the R -2 District, based on a finding that the ordinance amendments as proposed continue to support the Comprehensive Plan, serve to clarify existing ordinance regulations for the R -2 District, and support consistency with current City review process. Lloyd Hilgart seconded the motion. Motion carried 5 -0. 2F. Consideration of approving pathway microsurfacing improvements along CSAH 751CSAH 18. Glen Posusta pulled the item. He commented that he would like staff to track the costs of maintenance items. He requested this for the purpose of reviewing costs for any future bike path construction/improvement that could perhaps be built with concrete instead of asphalt. Brian Stumpf concurred with this request. Tom Perrault questioned a line in the contract - `Fully covering labor, and materials against breakup for a period of year(s)'. He questioned how many years. Tom Pawelk, Park Superintendent, commented that it was for 1 year. Tom Perrault questioned the cracks that existed after microsurfacing last year. Tom Pawelk responded that paths were not microsurfaced last year which contributed to the cracking. Glen Posusta moved to approve Alternate 1 to accept the quote from Asphalt Contractors, Inc. for pathway microsurfacing improvements along CSAH 75 and CSAH 18 in the amount of $31,281.90. Lloyd Hilgart seconded the motion. Motion carried 5 -0. 2G. Consideration for approval to renew contact with Jakes Excavating for excavations and burials at Riverside Cemetery. City Council Minutes — August 24, 2015 Page 5 19 Glen Posusta pulled the item. His concern was with the contract — it includes a company name but no address and has a signature but no printed name. He feels that the contract is too vague. Tom Pawelk responded that the form in the City Council Agenda Packet is a proposal form not a contract. Once approved, the company will be required to fill out a contract which asks for additional information. Glen Posusta commented that this information could be included on the proposal form in the future. Glean Posusta moved approval of Alternate 1 to approve a three year contract with a one year extension beginning December 1, 2015, with Jakes Excavation of Buffalo, Minnesota, for excavations and burials at Riverside Cemetery. Lloyd Hilgart seconded the motion. Motion carried 5 -0. 2H. Consideration of adopting Resolution 2015 -062 approving an amendment to the Development Contract far Monticello Business Center 8th Addition for Phase H of the Monticello Crossings Project. Applicant: MET Properties, a North Dakota Limited Partnership. Angela Schumann pulled for clarification. She noted a corrections on pages 7 and 8 of the Amendment to the Development Contract. The Park Dedication numbers were transposed. Phase I should be $69,554 and Phase II should actually be (at $511.43) $33,754.38. The total of Phase II would then be $179,944.38. Tom Perrault made a few corrections to the document. The first was on page 4, paragraph B. The price per unit multiplied by 66 units should read $1,272 for a total of $83,952. He also had a correction on the top of page .5. The first sentence regarding water main charge should be for 66 units not 136. The final correction was on page 66. In the second paragraph where it references Phase I it should read Phase II. Angela Schumann noted the corrections. Glen Posusta moved approval of Resolution 2015 -063 approving the Amendment to the Development Contract for the Monticello Commerce Center Eighth Addition, based on findings in said resolution, and with the corrections mentioned at the meeting. Tom Perrault seconded. Motion carried 5 -0. 3. Public Hearings None. 4. Regular Agenda A. Consideration of adopting Ordinance No. 620 amending the Monticello Zoning Ordinance, Chapter 5, Section 1 — Use Table Section 2 — Use - Specific Standards and Section 3 — Accessory Use Standards and Chapter 8 Section 4 — Definitions as related to regulations for Solar Energy ystems Applicant: City of Monticello Steve Grittman, Northwest Associated Consultants, updated the City Council on the proposed ordinance and commended the work of the Planning Commission over the last City Council Minutes — August 24, 2015 Page 6 19 few months. He commented that there are a series of related ordinance amendments that redefine what solar energy production is. The proposed ordinance will allow accessory solar facilities in most districts and establishes a series of performance standards. In addition, the proposed ordinance has regulations in place to give the City more involvement in allowing such facilities. Glen Posusta questioned the need for the ordinance when the Federal Government can come in and do what they want. Steve Grittman noted that this ordinance would regulate those users that are not under the jurisdiction of the Public Utilities Commission. Glen Posusta inquired on who wouldn't be regulated by the Public Utilities Commission. Steve Grittman stated that anyone under 50 megawatt production in not monitored by the Public Utilities Commission. Brian Stumpf questioned whether the State had made any interpretation on solar garden/solar farm. Steve Grittman noted the Public Utilities Commission did make a finding that they would consider serial 1 megawatt production series up to a total of 5 megawatt. Glen Posusta questioned how many acres that would be. Steve Grittman noted approximately 40 acres. He added that under this proposed ordinance this type of solar garden would require a Planned Unit Development zone. Glen Posusta asked if any other city in Minnesota had success with these Solar Energy Systems. Steve Grittman noted Marshall, MN but stated that there are others in the process. Glen Posusta in concerned that the entities building such facilities are getting grants from the government. Eventually the money may stop and there may be problems. If that happens, who is responsible if such facilities are abandoned? Steve Grittman noted that is one of the reason the City wanted a proposed ordinance — to regulate the projects. Charlotte Gabler commented that we allow these projects as a PUD to be able to have some control. Tom Perrault questioned whether these owners would have to have money set aside for decommissioning of the facilities. Steve Grittman commented that the City could include a decommissioning plan requirement in the ordinance. Tom Perrault also question why the B2 District was included in ordinance. Steve Grittman responded that it already has a utilities installation with the Waste Water Treatment Plant. Glen Posusta moved approval of Ordinance 620 based on the findings adopted by the Planning Commission in the Resolution No. PC- 2015 -003. Lloyd Hilgart seconded the motion. Motion carried 5 -0. B. Consideration of adopting Resolution 2015 -064 accepting bids and awarding contract contingent on MNDOT approval and project start date of no later than 9/14/15 for the TH 25 /CSAH 75 hurovements City Project No IQC009 Shibani Bisson, WSB Engineer, presented the item and noted and amended recommendation. She provided information on the bids received for the project City Council Minutes — August 24, 2015 page 7 19 mentioning that the low bid came in at 21.6% higher than the Engineer's Estimate. MnDOT recommends that this not be higher than 7.8 %. There are a variety reasons for the high bids. These include: • Estimate was adjusted for non - typical items, however bids were unexpectedly higher. • Low availability of subcontractors is driving the cost up. • Mobilization was 11 % of bid and is typically 5 %. • The confined area leads to lack of space to work and mobilize. • Construction under traffic and staged area lengthens the timeline and efforts. • Smaller quantities drives up costs. • Because the project is late in the season there is a concern for concrete and pavement marking installation. Shibani Bisson then presented a summary of the funding which comes from Federal Funds, CIMS Grant, Wright County, and State Aid /City. The estimated 2015 Project Construction Schedule, in the best scenario, has the project being completed in December of 2015_ Shibani Bisson recommended that the City Council reject all bids and rebid in the 2016 construction cycle. It is assurned that if a project is bid early enough, have flexible timelines, and better weather circumstances, you will get lower bid prices. The Federal Funds and CIMS money will still be available next year. Glen Posusta concurred that this project should be rebid due to the high bid prices. Tom Perrault questioned how much it will cost to delay. Shibani Bisson estimated it could cost approximately $5,000 - $10,000 but that is decided by MnDOT. Lloyd Hilgart asked when the City would go out for bids. Shibani Bisson noted that MnDOT typically bids in October/November for the next year construction cycle which locks them in to completing the projects in the spring. This project will be rebid most likely in October. Glen Posusta moved to approve Resolution 2015 -064 rejecting all bids and rebid the project for 2016 construction. Brian Stumpf seconded the motion. Motion carried 5 -0. C. Consideration of approving a contract for video services through Yondoo Item was removed from the agenda. 5. Added Items None. 6. Adiournment City Council Minutes — August 24, 2015 page 8 19 The meeting was adjourned at 7:57 p.m. Recorder: Jennifer Burrows Schreibeitq� Approved: �3 Attest: G��L City nistrator City Council Minutes — August 24, 2015 page 9 19