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City Council Agenda Packet 07-13-2009AGENDA REGULAR MEETING – MONTICELLO CITY COUNCIL July 13, 2009 – 7 p.m. Mayor: Clint Herbst Council Members: Tom Perrault, Glen Posusta, Brian Stumpf, Susie Wojchouski 1. Call to Order and Pledge of Allegiance. 2. Approve minutes of June 22, 2009 regular meeting 3. Consideration of adding items to the agenda. 4. Citizen comments, public service announcements and Council updates. a. Public Service Announcements, if any: 1) Riverfest thank you’s 2) Beer Tasting Event 3) DMV closure – July 21 – 9:30 to 11:30 a.m. b. Council Updates: 1) FiberNet Monticello 2) River Street/Hwy 25 Access 5. Consent Agenda: A. Consideration of approving new hires and departures for MCC, FiberNet and Liquor Store. B. Consideration of approval of 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. D. Consideration of approval of temporary charitable gambling license for the Church of St. Henry’s Fall Festival, September 19-20, 2009. E. Consideration of approval of temporary charitable gambling license in conjunction with a Rotary golf event, August 31, 2009. F. Review and consideration of acceptance of 2009 Sidewalk Inspection Report for the City of Monticello. G. Consideration of adopting resolution consenting to the bankruptcy filing and restructuring by Charter Communications. SPECIAL MEETING 5:30 p.m. City Property Disposition H. Consideration of awarding bid for 2009 seal coating project. I. Consideration of approving an amendment to the Monticello Zoning Ordinance, Chapter 3, regulating Signs as related to signage for institutional uses. J. Consideration of approving purchase of 2 pickup trucks for FiberNet Monticello. K. Consideration of approving a neighborhood block party and closure of a portion of street. 6. Consideration of items removed from the consent agenda for discussion. 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. 8. Consideration of accepting feasibility report and authorizing preparation of final plans and specifications for Marvin Road improvements, City Project No. 09C004 (2009-04C). 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). 10. Consideration to proceed with a Comprehensive Zoning Ordinance Revision, to appoint a Planner for the Ordinance Revision, and to direct interim planning services. 11. Consideration of approving plans and specifications and authorizing advertising for bids for Garage at FiberNet Head-end Building, City Project No. 09C006. 12. Consideration of purchase of equipment and operating software for Interactive GIS Web Server and applications for FiberNet Monticello and City of Monticello. 13. Approve payment of bills for July 9th. 14. Adjourn AGENDA SPECIAL MEETING – MONTICELLO CITY COUNCIL July 13, 2009 – 5:30 p.m. Mayor: Clint Herbst Council Members: Tom Perrault, Glen Posusta, Brian Stumpf, Susie Wojchouski 1. Call to Order. 2. City Property Disposition Workshop. 3. Adjourn. Special Counil Agenda: 7/13/09 2. City Property Disposition Workshop (JO/TK/MB) A. REFERENCE AND BACKGROUND At the upcoming special meeting we will be reviewing parcels that are currently under ownership of the City or EDA. The purpose of the review is to update Council on the current inventory and to discuss issues, topics, circumstances relating to each parcel. Council is then asked to discuss the status of each parcel and provide staff with direction on the disposition of each parcel. Please note that all but one of the parcels were acquired either as a result of tax forfeiture or acquired at fair market value as part of an economic development package (ex. Remmele Engineering/Jefferson Commons). Given the financial health of the City and the presence of available reserves, an immediate need for cash does not need to be a leading factor in your decision. Here are some things to think about as you review each parcel: Should the parcel be held for a potential public use such as: o Park? o Storm water pond? o Municipal facility site – Fire Hall/Police station/other? Should the parcel be held for future sale or trade in conjunction with assembly of a development site? Should the parcel be actively marketed as there is no public purpose for retaining the parcel otherwise? Sell immediately if the price is right? Are there specific issues relating to each site that Council would like to resolve prior to marketing certain sites? Examples: o Reconciliation of conflicts between Zoning District designation and Comp Plan land use designation. o Identification of potential City, County, State, or School uses that could emerge in upcoming years that could use the property (i.e., fire hall, police/sheriff) o For the purpose of marketing, is there a need to identify a more limited set of uses that would be compatible with neighborhood desires? For instance, with Country Club Manor Outlot A, is it important to link sale to a development proposal that would be supported by the neighborhood? Or sell it to any party that can meet the minimum standards of the District (currently R-3)? The attached worksheet and handouts will be used as a guide in the discussion. Special Counil Agenda: 7/13/09 Thanks to the Community Development and Finance Departments and Cathy Kasper for their work in preparing this summary. B. SUPPORTING DATA Worksheet providing general inventory and guide for discussion Brochure and handout showing detailed description of various parcels Map showing location of parcels Property Acreage Zoning Land Use/Comp. Plan County Value Reason to Actively Market Reasons to hold or not actively market at this time Staff Recommendation Jefferson Commons 2.8 check B-4 Places to Shop $ 351,300.00 Funds eventually needed for future Bertram Lake project Sell to end user supporting "entertainment district" uses List for sale but no reason to sell low Holding costs are low Outlot A Country Club Manor 16.71 R-3 Places for Community *Construction of 7th street will likely enhance value Hold until issues resolved - do not actively market *Currently a conflict between comp plan and zoning district * available for potental use- transportation system improvements * Aquired cheap, holding costs are low Dundas Road 3.77 B-3 Places to shop $ 184,500.00 ** Likely needed for assembly of larger development project. Not Ready *Aquired cheap -Holding costs low * Possible Fire Hall site? Land for trade? Bowling Alley 5.03 I-1 Places to shop $ 938,900.00 Interest express by others in use of the building - There does not appear to be a need to retain for a municipal use *could be incorporated into a larger redevelopment project Negotatiate sale to neighboring business to facilitate growth with site conditions Property Acreage Zoning Land Use/Comp. Plan County Value Reason to Actively Market Reasons to hold or not actively market at this time Staff Recommendation Hoglund Companies expanding and needing space. Impending commercial development does not appear likely Potential to be incorporated into larger commercial redevelopment site. Monte Club 10.08 R-1 Places for Community $ 522,000.00 *High amenity site supporting high end housing - integrated with adjoining Park *Comp plan/residents expressed desire to preserve signature landmark for public use Good points both ways. Maintain public access to vista if sold *topographic limitations - preservation of tree cover Council Agenda: July 13, 2009 5A. Consideration of approving new hires and departures for MCC, Liquor Store and FiberNet. (JO) A. REFERENCE AND BACKGROUND: The Council is asked to ratify the hiring and departures of employees that have occurred recently at the MCC, Liquor Store and FiberNet. It is recommended that the Council officially ratify the hiring/departure of all new employees including part-time and seasonal workers. A.1 BUDGET IMPACT: None A.2 STAFF WORK LOAD IMPACT: Until the positions are filled again, existing staff would pick up those hours. B. ALTERNATIVE ACTIONS: 1. Ratify the hire/departures of the employees as identified on the attached list. C. RECOMMENDATION: By statute the City Council has the authority to approve all hires/departures. There is no other recommendation but for the Council to exercise the authority given to them by state statute. D. SUPPORTING DATA: List of new employees. Council Agenda: July 13, 2009 5B. Consideration of approving temporary liquor license for Hi-Way Liquors beer tasting event. (TK) A. REFERENCE AND BACKGROUND: Hi-Way Liquors is requesting a temporary liquor license for their beer tasting event at the Mississippi Room in Monticello Community Center on July 31, 2009 from 7 p.m. to 9 p.m. B. ALTERNATIVE ACTIONS: 1. Approve a temporary liquor license for Hi-Way Liquors for their beer tasting event to be held on July 31, 2009 at the Monticello Community Center. 2. Do not approve the temporary liquor license. C. STAFF RECOMMENDATION: It is the recommendation by staff that the Council approve the temporary liquor license for Hi-Way Liquors for July 31, 2009. D. SUPPORTING DATA: None. Council Agenda: July 13, 2009 5C. Consideration of approving temporary liquor license for Church of St. Henry’s Fall Festival. (TK) A. REFERENCE AND BACKGROUND: The Church of St. Henry is requesting a temporary liquor license for their fall festival at 1001 East 7th Street on September 19-20, 2009. B. ALTERNATIVE ACTIONS: 1. Approve a temporary liquor license for the Church of St. Henry for their fall festival to be held on September 19-20, 2009 on the parish grounds 2. Do not approve the temporary liquor license. C. STAFF RECOMMENDATION: It is the recommendation by staff that the Council approve the temporary liquor license for the Church of St. Henry for September 19-20, 2009. D. SUPPORTING DATA: None. Council Agenda: 7/13/09 5D. Consideration of approving a request for a temporary charitable gambling license for Church of St. Henry Fall Festival. (TK) A. REFERENCE AND BACKGROUND: The Church of St. Henry has applied to the City for a permit for a charitable gambling license for charitable gambling activities at their fall festival on September 19-20, 2009. In the past the City has not opposed these exempt gambling license applications for charitable events. B. ALTERNATIVE ACTIONS: 1. Approve the one day charitable gambling license for a raffle for the Church of St. Henry’s Fall Festival on September 19-20, 2009. 2. Do not approve the request. C. STAFF RECOMMENDATION: Staff is not aware of any reason why this application should not be approved. D. SUPPORTING DATA: None Council Meeting - 07/13/2009 5F. Review and consideration of acceptance of the 2009 Annual Sidewalk Inspection Report for the City of Monticello. (B.P.) A. BACKGROUND INFORMATION: Each year the City inspects the condition of the boulevard sidewalks and those sidewalks located on other City property throughout the community. This is usually completed during the summer months so that adequate time is made available for the City and/or property owners to take care of the needed repair of the sidewalks. For sidewalks located on the “grid” (which is primarily in the old core city) we will repair or replace up to 2 sidewalk panels per property at no cost to the property owner. The grid sidewalk is recognized as an area serving more than just the local neighborhood. Additions and subtractions to the grid are approved by City Council. Many of the sidewalks on the grid were constructed using 75% City money and 25% assessment to the property owner. If any major sections of the sidewalk on the grid are in need of total replacement the City would again share in the cost to replace those sidewalks at the 75% / 25% rate. This year we have 22 panels to be repaired and 70 areas that are in need of grinding. The rest of the report is dedicated to locations which need to be monitored for future movement or continued disintegration. Along River Street in front of the cemetery there is 1,490 feet of sidewalk that has developed spaulding; this sidewalk was constructed in 2006 with a one year warranty. The contractor’s workmanship is not an issue, the problem lies in the concrete product with a shale rock aggregate that produced “pops”, the specification at the time did not exclude this material, and, therefore, warranty does not cover replacement. Discussions with the concrete supplier are currently open, with consideration of sharing the material cost for replacement on this respective area due to the inferior product supplied. All future concrete specifications in engineering will be specific on aggregate types allowed in City projects. Depending on shared costs Public Works would like to plan on replacing a percentage of this sidewalk per year. Our concrete mill has worked well in reducing trip hazards and it will be put to work this summer on many of the vertical rises and trip hazards shown in the report. Changes were made in 2007 to the inspection criteria under II B.1. “In the inspector’s opinion” and “repair or” to allow some discussion on the part of the inspector and to grind/repair some sections rather than replace them. a. Budget Impact: The materials for these repairs are included in the 2009 Street Budget. b. Staff Workload Impact: Time is included each year for this type of repair and maintenance in the Street Budget. We do this as time allows without overtime hours being used. B. ALTERNATIVES: 1. To review the report and accept it as drafted and to authorize the repair work. Council Meeting - 07/13/2009 2. To review the report and request other changes prior to the acceptance by the City Council. C. STAFF RECOMMENDATION: It is the recommendation of Staff that the City Council reviews the report and accepts it as outlined in Alternative 1. City staff will then move forward with correcting the problems noted in the report. D. SUPPORTING DATA: Copy of 2009 Annual Sidewalk Inspection Report. Council Agenda: 7/13/09 5G. Consideration of approving a resolution consenting to the bankruptcy filing and restructuring by Charter Communications. (JO/CS) A. REFERENCE AND BACKGROUND: The Sherburne Wright Cable Commission members were notified several months ago of the bankruptcy and restructuring filing by Charter Communications. At the May 7 Cable Commission meeting, Attorney Robert Vose noted that he had met with Charter representatives on behalf of the group. After discussion and further review of the filing documents, Mr. Vose assured the Commission members that there would be no apparent negative effect on the franchise agreements that cities have signed with Charter Communications. In order for the bankruptcy filing to proceed, it is necessary for each member city of the Cable Commission to adopt a resolution consenting to the bankruptcy filing and restructuring request of Charter Communications. Attorney Vose has prepared a resolution that he recommends be approved by each City in the Commission. This was reviewed by our City Attorney Joel Jamnik and he concurred with Mr. Vose’s recommendation. A copy of the resolution is included for your review. B. ALTERNATIVE ACTIONS: 1. Approve the resolution consenting to the bankruptcy filing and restructuring by Charter Communications. 2. Do not approve the resolution. C. STAFF RECOMMENDATION: Staff recommends that City Council approve the resolution according to the recommendation of Attorney Vose, legal representative to the Cable Commission, and City Attorney Joel Jamnik. Approval of the resolution would not have an adverse affect on the franchise agreement between the City of Monticello and Charter Communications. D. SUPPORTING DATA: Copy of resolution. Report from Attorney Robert Vose CITY OF MONTICELLO RESOLUTION NO. 2009-38 CONSENT TO BANKRUPTCY FILING AND RESTRUCTURING BY CHARTER COMMUNICATIONS WHEREAS, CC VIII Operating, LLC (“Franchisee”), an indirect, wholly-owned subsidiary of Charter Communications, Inc. (“Charter”), owns a cable television system (the “System”) in the City of Monticello , Minnesota (the “Franchise Authority”); and WHEREAS, Franchisee operates pursuant to a cable franchise ordinance (“Franchise”) issued by the Franchising Authority; and WHEREAS, on March 27, 2009, Charter and certain of its subsidiaries filed voluntary petitions in the United States Bankruptcy Court for the Southern District of New York (“Bankruptcy Court”) seeking relief under the provisions of Chapter 11 of Title 11 of the United States Code in order to effectuate a financial restructuring (Case No. 09-11435); and WHEREAS, pursuant to the terms of agreements entered into between Charter and its key bondholders, Charter’s current Class A Common Stock and Class B Common Stock will be cancelled and replaced with new voting stock owned by Paul G. Allen and such bondholders, as described in filings with the Bankruptcy Court (the “Reorganization”), copies of which have been provided to the Franchise Authority; and WHEREAS, pursuant to the Reorganization, the voting interest of Charter’s current principle shareholder, Paul G. Allen and his affiliated entities, will be reduced from approximately 91% to 35%, and new stockholders (principally certain bondholders) will acquire the remaining 65% of the voting shares; and WHEREAS, under both the Franchise and Minnesota Statutes, Section 238.083, the Franchising Authority’s written approval of the Reorganization is necessary; and WHEREAS, in April, 2009, Charter requested the Franchising Authority’s written approval of the Reorganization by filing Federal Communications Commission (“FCC”) Form 394; and WHEREAS, the City has reviewed the FCC Form 394 and finds that the Reorganization, as described therein, will not materially impair the legal, technical or financial ability of Charter or Franchisee to perform under the terms of the Franchise. WHEREAS, the Franchise Authority has considered and approves of the Reorganization described above. NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: 1. The foregoing recitals are approved and incorporated herein by reference. 2. The Franchise Authority consents to the Reorganization described in the FCC Form 394. 3. This Resolution shall be deemed effective upon adoption. 4. This Resolution shall have the force of a continuing agreement and the Franchise Authority shall not amend or otherwise alter this Resolution without the consent of the Franchisee. 5. The Franchisee remains fully subject to any liabilities or obligations under the Franchise and state and federal law regardless of when such liabilities or obligations arose. 6. The Franchising Authority expressly reserves and does not waive and its rights regarding Franchise compliance regardless of when the acts, failures to act, or other events giving rise to and such compliance matters occurred. PASSED, ADOPTED AND APPROVED this 13th day of July, 2009. By: ___________________________ Clint Herbst, Mayor ATTEST: ___________________________________ Jeff O’Neill, City Administrator 1 Kennedy 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 & Graven Robert J.V. Vose (612) 337-9275 telephone (612) 337-9310 fax rvose@kennedy-graven.com C H A R T E R E D REPORT CONCERNING CHARTER REORGANIZATION JUNE 18, 2009 This Report is prepared for the cities of Aitkin, Faribault, Little Falls, Rosemount and the Sherburne/Wright Counties Cable Commission, a 10-city consortium. The Report addresses Charter’s request to reorganize. Charter’s proposed reorganization requires local franchising authority (i.e. city) approval. CC VIII Operating, LLC holds the franchise in Aitkin, Faribault, Little Falls and the Sherburne/Wright cities. In Rosemount, Charter Cable Partners, LLC (formerly Marcus Cable Partners) holds the franchise. These entities are indirect, wholly-owned subsidiaries of Charter Communications, Inc. (“Charter”). On March 27, 2009, Charter and its subsidiaries filed for Chapter 11 bankruptcy in federal court in New York. Charter filed for bankruptcy because the company is insolvent-- its liabilities exceed its assets. The purpose for a Ch. 11 bankruptcy is to improve a company’s financial position by facilitating the elimination, reduction or restructuring of a company’s liabilities and debt. In this case, Charter will reduce certain bonded indebtedness in exchange for giving those bondholders a stake in the company. Charter’s current common stock will be cancelled and replaced with new voting stock Currently, Charter’s founder, Paul G. Allen, and his affiliated entities hold approximately 91% of Charter’s voting stock. Mr. Allen’s ownership will be reduced to 35% while new stockholders (principally 5 bondholders) will acquire 65% of the 2 voting shares. Additional details of the reorganization are set forth in the FCC Form 394, and are more fully described in the proposed consent resolution. INFORMATION REVIEWED The following were relied upon for this Report: 1. FCC Form 394 (transfer application) executed and delivered April, 2009, along with various documents included on CD with the application. 2. Comments of the Minnesota Department of Commerce (MDOC) in Docket No. P5535, 56156; PA-09-560. 3. Various correspondence, e-mails and discussions with Charter officials concerning the request. STANDARD FOR REVIEW The local franchise, state law, and federal laws and regulations all apply to review of Charter’s FCC Form 394 request. The Cable Communication Policy Act of 1984, as amended by the 1992 Cable Act and Telecommunications Act of 1996 (collectively the “Cable Act”) establishes a national policy concerning the regulation of cable television systems. The Cable Act establishes a 120 day period for review of FCC Form 394 and such other information required by local law and the franchise. A requesting party must furnish such information as may be reasonably requested relative to a franchise transfer. 47 C.F.R. 76.502. The Cable Act preempts inconsistent state or local requirements. Accordingly, the cities have until August, 2009 to act on the request. Under Minnesota Statutes, Section 238.083, the local franchising authority must give prior consent to any “transfer of stock in a corporation so as to create a new controlling interest in a cable communication system.” The term “controlling interest” includes both a change in majority stock ownership and a change in actual working control, however exercised. The approval must be in writing and cannot be unreasonably withheld. Minn. Stat. § 238.083, Subds. 2 and 4. 3 In this case, Mr. Allen will remain Charter’s largest single shareholder but will no longer own a majority of Charter’s stock. A majority of Charter’s stock will be held by certain bondholders. Moreover, while no stock voting agreements exist, the bondholders will be in a position to exercise actual control over Charter and its subsidiaries. Thus, the reorganization requires franchising authority consent under Minnesota law. Charter apparently does not dispute this since, after all, Charter filed FCC Form 394s seeking local approvals. When reviewing a requested franchise transfer or change in stock ownership in a franchise-holder, municipalities normally review legal, technical, and financial qualifications of the resulting company. Local determinations are entitled to significant deference and will be sustained if they are fairly debatable. See, Charter Communications v. County of Santa Cruz, 304 F.3d 927 (9th Cir. 2002). CHARTER REORGANIZATION Charter represents that the reorganization will not result any operational changes, nor any perceptible change or adverse impact on local cable service or operations. Charter will remain bound by all obligations and liabilities under the franchises including liabilities arising prior to reorganization. Accordingly, there are no significant legal or technical qualification issues to review. Charter’s financial qualifications are obviously an issue. Charter maintains that the reorganization will improve its financial position. The question, however, is not whether Charter will be better off. Rather, the issue for review is whether Charter will emerge from bankruptcy with capacity to perform all franchise obligations for the term of the franchises. We have not retained a financial advisor to perform an in-depth analysis of this question. We have instead relied upon a financial review performed by the Minnesota Department of Commerce (DOC). The DOC reviewed the reorganization and provided its report to the 4 Minnesota Public Utilities Commission (PUC) because Charter Fiberlink, LLC and Charter Telephone of Minnesota, LLC n/k/a Charter Fiberlink CC VIII, LLC are Charter subsidiaries with certificates of authority to provide local telecommunications services in Minnesota. These companies are subject to PUC regulation and the proposed reorganization requires PUC approval under Minn Stat. § 237.16, subd. 1(b). The DOC reviewed whether Charter has the financial capacity to continue to operate a telephone network and provide telephone service. The DOC found that Charter does have adequate financial capacity and recommended approval. The DOC’s report is being provided with this Report. Among other things, the DOC notes that the reorganization will reduce Charter’s debt by $8 billion and result in $3 billion in new investment in the company. The DOC concludes that “[a] reorganized Charter is in the public interest because it is expected to have a reduced debt to-equity or leverage ratio, reduced debt interest payments, and positive free cash flow.” Based on these are positive steps for Charter’s financial future, the DOC recommends that the PUC approve the reorganization in relation to oversight of telephone services provided by Charter subsidiaries. Based on the DOC recommendation and expected PUC approval (which is consistent with approvals granted by other state utility regulatory commissions), it is my opinion that Charter likely could and would seek to “overturn” any local government denial of the FCC Form 394 in bankruptcy court. Further, Charter’s proposed reorganization does not sufficiently impact the public interest to justify participating in a bankruptcy court proceeding in New York to defend a denial. If anything, the evidence is that reorganization may positively impact Charter’s financial future. Because there is no basis to conclude that the reorganization will negatively impact Charter’s financial ability to provide cable service and comply with the local franchise, I recommend that the reorganization be approved 5 CONCLUSION I recommend adoption of the attached resolution conditionally approving the reorganization. The conditions imposed confirm: the City’s right/obligation to consent to any future significant changes in control over the local cable franchise; that the franchisee remains fully subject to the franchise and applicable laws, and; that Charter remains subject to all liabilities or obligations regardless of when such liabilities or obligations arose. The City expressly reserves all its rights in that regard. After a fair amount of discussion and negotiation, Charter has agreed to reimburse the parties legal fees and expenses associated with this review, up to a capped amount. I do not believe that my fees will exceed this cap and Charter should fully reimburse all fees. Council Meeting - 07/13/2009 5H. Review of bids and consideration of award of contract for the 2009 Street Bituminous Sealcoating Project. (B.P., T.M.) A. BACKGROUND INFORMATION: The 2009 Street Bituminous Sealcoating Project consists of approximately 56,644 square yards of City streets. The areas to be sealcoated have been patched and crack sealed by City crews in preparation for this project. The streets included in this project are as follows: 5th Street W Clubview Drive 6th St (Elm St to Hwy 25) Maple (6th St to Apartments) 7th Street (Elm St to CSAH 39 W) Locust St (6th St to 7th St) 7th Street (Minnesota to Hwy 25) Walnut St ( RR Tracks to 7th St) 84th St (Gatewater east approx 300 feet) Elm St (CSAH 39 W to 7th St W) We have had projects in the past years spending millions of dollars. It is very important that we follow up these projects with a good maintenance program. Standards today in road maintenance are to sealcoat new roads five years after they have been constructed and every seven years after that. The goal we are trying to achieve is for our residential streets to last 30 to 35 years. Plans and specifications were drafted by the Public Works Department and made available on June 1, 2009. The bid opening occurred on July 8, 2009. The City received a total of four bids with Allied Blacktop Co. submitting the low bid in the amount of $56,360.78, followed by Pearson Bros. Inc. in the amount of $61,175.52, Astech Corp.in the amount of $66,216.84, and Cadwell Asphalt in the amount of $69,388.90. a. Budget Impact: In preparation for this project we have placed funds in the Street Department 2009 Budget. The portion of the project covered under this amount will be all of the streets listed in the specs which came to a total of $56,360.78, from the lowest bidder Allied Blacktop Co. b. Staff Workload Impact: A project of this size normally takes two days. We will have a City inspector on the job site for those days. B. ALTERNATIVES: 1. The first alternative would be to award the contract to the low bidder, Allied Blacktop Co. in the amount of $56,360.78. The project is to be completed by August 28, 2009. 2. The second alternative would be to not award the contract and reject the bids. C. STAFF RECOMMENDATION: It is the recommendation of the Staff that the City Council award the project to Allied Blacktop Co, in the amount of $56,360.78 as outlined in alternative #1. The Public Works Department will be inspecting the project to see that the contractor adheres to the plans and specifications. D. SUPPORTING DATA: Copy of bid tabulation City Council Agenda – 07/13/09 1 5I. Consideration of approving an amendment to the Monticello Zoning Ordinance, Chapter 3, regulating Signs as related to signage for institutional uses. (AS) REFERENCE AND BACKGROUND The Planning Commission reviewed this item during their regular meeting on July 7th and unanimously recommended approval of the ordinance amendment. In April of this year, the City adopted a new sign ordinance. The sign ordinance was the result of much work by the Planning Commission and community, and has so far been working very well. However, at this time staff is requesting that the Planning Commission consider an amendment to the new ordinance for the purpose of including institutional uses as an allowable land use type for dynamic displays. The new ordinance allows for the use of dynamic displays in commercial and industrial districts, but does not include a provision which would allow these types of displays at schools, municipal facilities, churches or hospitals. As Commission may recall, there was discussion of including these types of uses in the allowable provisions for dynamic signs, but that language was not included in the final version of the ordinance document. Staff is proposing the following amendment to the ordinance in order to provide that allowance. 3A-10: GENERAL REGULATIONS: [S] Changeable Copy Signs: Within commercial and industrial districts, and for institutional uses including, but not limited to, public school facilities, hospital and medical facilities, municipal facilities and religious institutions, one (1) changeable copy sign shall be allowed per site provided that the area of the sign not exceed twenty-five (25) percent of the allowable sign area or fifty (50) square feet, whichever is less, for a freestanding or wall sign. The area of this sign shall be counted against the maximum sign area for the building, except where the property owner has agreed to forgo the use of temporary signs in accordance with Subp. [H] 2. of this Section in which case the area of the changeable copy sign shall be allowed in excess of the maximum sign area. City Council Agenda – 07/13/09 2 ALTERNATIVE ACTIONS The Planning Commission recommends alternative 1 below. 1. Motion to recommend adoption of an amendment to the Monticello Zoning Ordinance, Chapter 3A – Signs, as related to signage for institutional uses as proposed. 2. Motion to deny the proposed amendment. 3. Motion of other. STAFF RECOMMENDATION Staff recommends adoption of the proposed amendment. In many cases, the use of dynamic displays at institutional facilities serves the community by providing an important avenue for public information on events, activities and programs. Additionally, staff recalls that during the recent ordinance discussions on dynamic displays, there was general support for the use of this technology for the purpose of public information at these types of facilities. SUPPORTING DATA A. Sign Ordinance B. Proposed Amendment Document Council Agenda: 7/13/09 5J. Consideration of the Purchase of Two Pickup Trucks for FiberNet Monticello. (DP/TK) A. REFERENCE AND BACKGROUND: Currently the FiberNet Monticello technician, intern and other staff use their personal vehicles for conducting fiber activities. The business plan and operation of the system has accounted for the purchase of vehicles for the service and technical staff. As the City prepares to launch its system now there is an immediate need for two work trucks. Comparable vehicle quotes were obtained from Elk River Ford, Gould’s of Monticello, and West Metro in Monticello. The lowest quotes by $324.00, was for 2 GMC half ton pickup trucks from West Metro. The quote is for one brand new 2008 and one brand new 2009 totaling $32,800.00 plus applicable tax, title, and license fees. A1. Budget Impact: The FiberNet Monticello business plan (budget) included vehicle purchases. The plan has $51,333 included for vehicle purchases in the first three months (July-Sept. 09). A2. Staff Workload Impact: The impact on staff workload with this purchase would be the reduced dependency on personal vehicles and mileage reimbursements. B. ALTERNATIVE ACTIONS 1. Approve the purchase of the purchase of 2 GMC half-ton trucks from West Metro at a purchase price of $32,800 plus applicable tax, title, and license fees. 2. Approve the purchase of one of the other vehicles and/or from one of the other dealers. 3. Do not approve the purchase of a vehicle. C. STAFF RECOMMENDATION: The City staff supports Alternative 1. D. SUPPORTING DATA: Price quotes from Elk River Ford, Gould’s, and West Metro. (will be provided prior to Council meeting on Monday) City Council Agenda – 07/13/09 5K. Consideration of approving a neighborhood block party and closure of a portion of street. (AS) REFERENCE AND BACKGROUND The City of Monticello recently received a request to close off a portion of Hayward Court on Friday, July 17th from 6 to 10 p.m. to hold a neighborhood block party. Resident organizers of this event are seeking the closure of the street from 3725 Hayward Court to 3793 Hayward Court. City Council is asked to approve the request for this occasion only. Currently, City Ordinance does not address closing streets for this type of request. As with previous requests, the City Council has granted approval on a case-by-case basis. The Public Works Department will take responsibility for putting up and taking down the barricades. The Wright County Sheriff’s Department would not have an objection to closing city streets. However, they would like to be notified of the date and time of any street closings so they can monitor the activity. Since a county road is not affected, a permit would not need to be obtained from the county to block a road. As previously noted, City staff is currently reviewing policies and procedures used in other cities for permitting block parties. We anticipate bringing a policy and/or ordinance revision related to block parties to Council later this summer. ALTERNATIVE ACTIONS 1. Motion to approve the temporary closing of Hayward Court as proposed on Friday, July 17th from 6 to 10 p.m the for a neighborhood block party. 2. Motion to deny the request to close the street. STAFF RECOMMENDATION City staff does not object to closing the street on this date and time for a neighborhood block party. As Hayward Court includes a secondary access and outlet to Redford Lane, the closure of this portion would not seem to have a negative impact of traffic movement through the area. City support of these types of requests will encourage neighbors to get to know one another and create livable neighborhoods. SUPPORTING DATA A. Closure Illustration Council Meeting - 07/13/2009 5H. Review of bids and consideration of award of contract for the 2009 Street Bituminous Sealcoating Project. (B.P., T.M.) A. BACKGROUND INFORMATION: The 2009 Street Bituminous Sealcoating Project consists of approximately 56,644 square yards of City streets. The areas to be sealcoated have been patched and crack sealed by City crews in preparation for this project. The streets included in this project are as follows: 5th Street W Clubview Drive 6th St (Elm St to Hwy 25) Maple (6th St to Apartments) 7th Street (Elm St to CSAH 39 W) Locust St (6th St to 7th St) 7th Street (Minnesota to Hwy 25) Walnut St ( RR Tracks to 7th St) 84th St (Gatewater east approx 300 feet) Elm St (CSAH 39 W to 7th St W) We have had projects in the past years spending millions of dollars. It is very important that we follow up these projects with a good maintenance program. Standards today in road maintenance are to sealcoat new roads five years after they have been constructed and every seven years after that. The goal we are trying to achieve is for our residential streets to last 30 to 35 years. Plans and specifications were drafted by the Public Works Department and made available on June 1, 2009. The bid opening occurred on July 8, 2009. The City received a total of four bids with Allied Blacktop Co. submitting the low bid in the amount of $56,360.78, followed by Pearson Bros. Inc. in the amount of $61,175.52, Astech Corp.in the amount of $66,216.84, and Cadwell Asphalt in the amount of $69,388.90. a. Budget Impact: In preparation for this project we have placed funds in the Street Department 2009 Budget. The portion of the project covered under this amount will be all of the streets listed in the specs which came to a total of $56,360.78, from the lowest bidder Allied Blacktop Co. b. Staff Workload Impact: A project of this size normally takes two days. We will have a City inspector on the job site for those days. B. ALTERNATIVES: 1. The first alternative would be to award the contract to the low bidder, Allied Blacktop Co. in the amount of $56,360.78. The project is to be completed by August 28, 2009. 2. The second alternative would be to not award the contract and reject the bids. C. STAFF RECOMMENDATION: It is the recommendation of the Staff that the City Council award the project to Allied Blacktop Co, in the amount of $56,360.78 as outlined in alternative #1. The Public Works Department will be inspecting the project to see that the contractor adheres to the plans and specifications. D. SUPPORTING DATA: Copy of bid tabulation City Council Agenda: 7/13/09 1 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. (AS) REFERENCE AND BACKGROUND The City Council is asked to consider approval of a number of items as part of a downtown car show event. The property and business owners along Walnut and Third Streets have been contacted regarding this event and support the effort. The request has four associated Council considerations: a) Review and approval of street closure (portions of Walnut and 3rd Streets) b) Review and approval of use of municipal parking lots and associated City resources c) Review and approval of proposed signage location for permit d) Review and approval of temporary liquor license a. Street Closure Old Skool Kustoms, with the support of the Monticello Downtown Business Association, is requesting the closure of portions of Walnut and Third Streets in order to coordinate the downtown car show event, which will be promoted and held in cooperation with the downtown businesses. This community event is proposed to occur Saturday, August 22nd from 10 AM to 6 PM. The event will require the closing of Walnut Street on the south side of West Broadway, between Broadway and Third Street, and the closing of Walnut Street on the north side of Broadway between Broadway and the Walnut/River Street parking lot. Old Skool is also requesting the closure of West Third Street from Highway 25 to Locust Street. It is proposed that the Public Works Department will take responsibility for putting up and taking down the barricades needed for this event. Public Works has also contacted the Wright County Sheriff’s Department. The Sheriff’s Department does not have an objection to closing city streets. They have been notified of the date and time of this event so that they are able to monitor the activity. The City Engineer has also notified Wright County of this closure, as Walnut will be closed on both sides of the intersection of County Highway 75. Temporary signage signaling this closure will be placed along County 75 before and during the event. The City will also place temporary no parking signage as appropriate. Old Skool Kustoms has requested that the street be closed between 8 AM and 8 PM to accommodate volunteer set-up and take-down before and after the event. A site map illustrating the proposed configuration of closure points and parking areas is included with the supporting data. As illustrated, the event will utilize the entire right of way for the portions of Walnut and Third to be closed. City Council Agenda: 7/13/09 2 b. Use of Municipal Parking Lots Old Skool is also seeking to utilize the Third Street and Walnut/River Street municipal parking lots. Additionally, they have proposed to barricade the alleyway that runs east to west between Third and Broadway Streets in order to better control and provide for pedestrian safety. As part of this event, the group is also seeking City assistance for picnic table usage and garbage can usage for the event. The Streets and Parks Departments have been made aware of this request and have indicated they are able to assist as requested. c. Proposed Signage The Downtown Business Association has also proposed to sign this event with a banner crossing over Broadway/County Road 75. To accomplish this objective, the Monticello Sign Ordinance does allow for signs of a non-commercial nature. Old Skool Kustoms has indicated that the sign will carry non-commercial speech promoting the car show as a public community event. The narrative description of the event indicates that the event itself is free to the viewing public, although there is a charge for entering a car into the show itself. Old Skool Kustoms/Monticello Downtown Business Association is working with local utility companies (Xcel Energy) for placement on utility poles/structures, gaining the necessary permissions and access. The group is also working with Wright County in obtaining an approved application for permit, as County Road 75 is a Wright County right of way. It is recommended that any approval of a sign permit request should be conditioned on those items. d. Temporary Liquor License In reviewing information related to the need for Temporary Liquor License, Old Skool has learned from the State of Minnesota that if the private catering entity providing the alcohol service has a valid liquor license and proof of insurance, a temporary liquor license is not needed. Old Skool is in the process of verifying that information in writing. Old Skool Kustoms has indicated that they will be obtaining insurance to cover the event and its activities with the City named as second insured. Cornerstone Café will also have insurance coverage as they will be catering the food and serving beverages including beer. In the interim, staff has included the consideration of license, should it be needed. As such, Old Skool Kustoms is seeking Council’s approval to move forward an application for permit from the State of Minnesota for a temporary one day liquor license. . It was also noted that the group intends to utilize West Bridge Park. As a non-profit organization, the Monticello Downtown Business Association will receive a waiver of fee for the park rental of West Bridge Park, which is the City’s standard policy. City Council Agenda: 7/13/09 3 B. STAFF IMPACT The staff impact for this request will include standard park maintenance for public reservation requests, barricade delivery, placement and pick-up, signage placement on ROW, and picnic table and garbage can delivery and pick-up. C. BUDGET IMPACT The budget impacts include the costs associated with the staffing impacts noted above, and any costs for garbage removal. The applicant will be responsible for site clean-up. Staff time will be managed during the week so that staff over-time is not needed for covering this event. D. ALTERNATIVE ACTIONS Decision 1 – Item a & b above: Review and approval of street closure (portions of Walnut and 3rd Streets), and review and approval of use of municipal parking lots and associated City resources 1. Motion to approve the street closure of portions of Walnut and 3rd Streets, including the use of public parking facilities and amenities as described, contingent on proper proof of insurance coverage. 2. Motion to deny the request. 3. Motion of other. Decision 2 - Item c above: Review and approval of proposed signage location for permit 1. Motion to approve the temporary liquor license, contingent on proper proof of insurance coverage. 2. Motion to deny the request. 3. Motion of other. Decision 3 – Item d above: Review and approval of temporary liquor license 1. Motion to approve the proposed signage location for the August 22nd event, contingent on approval by the appropriate utility companies and obtaining a right-of- way permit from the Wright County Highway Department. 2. Motion to deny the request. 3. Motion of other. City Council Agenda: 7/13/09 4 C. STAFF RECOMMENDATION City staff supports the Old Skool/Downtown Association’s efforts and believes that the temporary closure of streets will not be a problem under the conditions noted above. Providing nominal staff assistance as proposed in assistance to a larger business owner effort to bring life to downtown in our view serves an important public purpose. D. SUPPORTING DATA A. Old Skool Car Cruise Narrative B. Old Skool Site Plan C. Sign Ordinance excerpt – “Official Signs” Council Agenda: 7/13/09 8. Consideration of accepting Feasibility Report for Marvin Road Improvements, City Project No. 09C004 (2009-04C), and authorizing preparation of final plans and specifications. (B.W.) A. REFERENCE AND BACKGROUND: In response to concerns expressed by Councilmember Stumpf regarding the condition of the easterly drainage ditch and roadway surface along Marvin Road due to erosion, Council authorized preparation of the attached Feasibility Report on May 26, 2009 to explore improvement options for Marvin Road between Chelsea Road and TH 25. This road is a minimum maintenance gravel road and is maintained by the Street Department which typically requires extensive re-grading each spring because private snow plow contractors push much of the gravel surfacing off the west side of Marvin Road while pushing snow from the Gould Brothers auto body repair facility and Pawn Shop parking lots across Marvin Road onto the City’s property. Ongoing maintenance is also required throughout the year as stormwater runs off of the parking lots onto Marvin Road, eroding the gravel surface and depositing the gravel in the ditch bottoms. This road is primarily used by clients and employees of the Gould Brothers auto body repair facility and the Pawn Shop. No other businesses along Marvin Road have direct access to it. Several potential improvements options were explored including: a. Leaving the gravel surface in place and constructing drainage improvements as needed to reduce future erosion issues; b. Improving the road to a bituminous urban section with curb and gutter and storm sewer; or, c. Removing the gravel surface, grading and seeding the area so all runoff flows onto the City’s property to the west or into the easterly ditch, and potentially vacating all right-of-way and easement areas. After discussing all the options staff favors option a, leaving the road as is and constructing drainage improvements using City crews. Staff has reviewed the Conditional Use Permit document for Gould Brothers auto body repair facility, as well as all relevant City Council and Planning Commission meeting minutes, to see if they may be responsible for constructing any drainage improvements along Marvin Road. Upon reviewing these documents staff was not able to find anything holding either Gould’s or Jay Morrell, the property owner, responsible for such improvements. It should be noted that the City owns a developable 4.1 acre parcel of land west of Marvin Road and that the only City-controlled access to Marvin Road is off of Chelsea Road. On that property the City also has utilities where access must be maintained. As such, staff would recommend not vacating any easements or right-of-way along Marvin Road at this time. In addition, staff would also recommend not improving the surfacing on Marvin Road at this time but rather waiting until the City’s parcel is developed at which time the developer would be responsible for improvements needed in the area to Council Agenda: 7/13/09 support traffic. This could include improvements to the roadway or development of a parking area. However, as previously mentioned this would still require that some type of drainage improvement project be completed in the interim. A.1 Budget Impact: The improvements outlined in the attached Feasibility Report could be completed by City crews, with the cost for materials being paid for out of the Street Department budget for 2009. A.2 Staff Workload: If improvements are authorized City staff will complete the work as specified. B. ALTERNATIVE ACTIONS: 1. Motion to accept the attached Feasibility Report for Marvin Road and authorize preparation of final plans and specifications. 2. Motion to accept the attached Feasibility Report for Marvin Road but deny authorization to proceed with preparation of final plans and specifications at this time. 3. Motion of other. C. STAFF RECOMMENDATION: City staff recommends approving Alternative Action No. 1, with the understanding the City crews will complete the work as outlined in the attached Feasibility Report. D. SUPPORTING DATA: Feasibility Report for Marvin Road Drainage Improvements Council Agenda: 7/13/09 1 9. Consideration of accepting Feasibility Report for Fallon Avenue Improvements, City Project No. 09C005 (2009-05C), and authorizing preparation of final plans and specifications. (B.W.) A. REFERENCE AND BACKGROUND: On May 26th Council authorized preparation of the attached Feasibility Report for Fallon Avenue street and utility improvements between School Boulevard and Chelsea Road with instructions to investigate costs to repave the road, as well as the costs associated with constructing the deep sanitary sewer interceptor line and reconstructing Fallon Avenue as an urban section. The existing bituminous pavement is in very poor condition and has been for quite some time, but the City has been waiting to reconstruct Fallon Avenue until such time that the deep sanitary sewer trunk line needed to be extended under Fallon Avenue to serve the City’s southerly developments. Since it is now anticipated that this sanitary sewer trunk line will likely not be needed for 8 years or more, and since the existing pavement will likely not hold up to the existing heavy truck traffic for much longer without completely breaking up, staff is recommending that the pavement rehabilitation project be completed this year. The current estimated cost for this project is $270,750 which includes indirect costs for engineering since staff will need to utilize WSB and Associates to prepare the necessary plans, specifications and cost estimate. Council also requested that staff explore the costs associated with constructing the deep sanitary sewer interceptor line under Fallon Road, including reconstructing Fallon Avenue as an urban section. The costs for these improvements are estimated to be about $3,159,000 as outlined in the attached Feasibility Report, which again includes 28% indirect costs for preparation of final plans and specifications. Given the favorable bidding environment Council may wish to bid this improvement project instead of the lower cost option. A.1 Budget Impact: The 2009 budget includes about $1,800,000 in the Street Reconstruction Fund which could be utilized for funding this improvement project. Assessments could also be levied if Council wishes to construct the improvement project that includes construction of the sanitary interceptor line. A.2 Staff Workload: Impacts to staff will be minimal, with some construction inspection time required by engineering staff. B. ALTERNATIVE ACTIONS: 1. Motion to accept the attached Feasibility Report for Fallon Avenue and authorize preparation of final plans and specifications as outlined under option 1 in the attached Feasibility Report. Council Agenda: 7/13/09 2 2. Motion to accept the attached Feasibility Report for Fallon Avenue and authorize preparation of final plans and specifications as outlined under option 2 in the attached Feasibility Report. 3. Motion to accept the attached Feasibility Report for Fallon Avenue but deny authorization to proceed with preparation of final plans and specifications at this time. 4. Motion of other. C. STAFF RECOMMENDATION: City staff recommends approving Alternative Action No. 1 which will allow any future development south of the current residential developments to take a more active role in funding construction of the deep sanitary sewer trunk line. D. SUPPORTING DATA: Feasibility Report for City Project No. 09C005 (2009-05C) Council Agenda: 7/13/09 1 10. Consideration to proceed with a Comprehensive Zoning Ordinance Revision, to appoint a Planner for the Ordinance Revision and to direct interim planning services. (AS/JO) A. REFERENCE AND BACKGROUND Comprehensive Revision to the Zoning Ordinance The City Council is asked to consider moving ahead with a comprehensive revision to the zoning ordinance at this time. In 2008, the City Council adopted an update to Monticello Comprehensive Plan update, which lays the groundwork for land use policy for Monticello for the next twenty years. While the comprehensive plan presents the framework for land use, it is the City’s codes and ordinances which control actual development. State law stipulates that zoning regulations are a critical tool for implementing the Comprehensive Plan. In fact, outside of the seven-county metropolitan area, zoning regulations control land use. Monticello has enacted a zoning ordinance, which is Title 10 of City Code. As such, the Comprehensive Plan cites that “A priority should be given to the review and updating of zoning regulations. The vision and objectives of the Comprehensive Plan will not be achieved unless zoning regulations are aligned with the Plan.” In addition to the need for consistency with the Comprehensive Plan, the Planning Commission and City Council have often struggled with outdated portions of the ordinance, and have recommended amendments to make the document a more useful tool for the public. As the City positions itself with the technology and resources for future growth and development, the zoning ordinance represents a critical component for accomplishing the City’s vision for development. As development is at a quiet point, now is an ideal time to proceed in laying the groundwork for achieving this vision. For these reasons, staff is asking at this time that the City consider moving forward with the process of completing a comprehensive review and redrafting of the current zoning ordinance. Appointment of a Planner for the Comprehensive Revision In April, staff prepared a Request for Proposal document, which was reviewed and authorized for distribution by the City Council. In response to the RFP, the City received ten proposals for the revision project. An Ad-Hoc Selection committee met to review the ten proposals. The committee included two members of the Council, the five Planning Commissioners, as well as a representative from the EDA and IEDC. The committee Council Agenda: 7/13/09 2 selected three firms, MFRA, NAC and Landform, to provide detailed presentations with interview. The Planning Commission held the interviews and presentations on July 7th. All Commissioners, four City Council members and an IEDC representative were present for most of the presentations. Based on the outcome of the interview and presentation process, the Commission, with Council representatives present and providing input, recommended MFRA as the preferred consultant for the revision project, pending positive recommendations from references. Staff has completed a reference check for MFRA, contacting three cities MFRA listed as references. Staff received calls back from two of the three cities, including the City of New Hope and Minnetrista. Staff from these cities specifically and highly recommended the work of one of the project planners involved with the proposal from MFRA. In example, the reference for the City of Minnetrista cited situations in which the consulting planner from MFRA handled standing room only audiences on controversial issues. The planner was able to manage the concerns and issues respectfully and productively. Each reference cited professionalism, experience, knowledge and a well-crafted final result. The Chairman of the Planning Commission is also contacting elected officials that worked with MFRA in these communities for further feedback. At this time, staff is sufficiently comfortable with the references provided and with the overall scope of work presented in the proposal, to recommend MFRA, as the consultant for the revision project, should Council elect to move forward. Direction of Interim Planning Services Should the Council choose to proceed with this project and with MFRA as the consulting planner for the project, it is recommended that the Council also consider the approach to day-to-day planning activities. Staff frequently uses a consulting planner on code issues requiring statute interpretation or further clarification. Additionally, if case load volume or complexity increases in the coming months, it is important to have consulting planning services available. Staff would recommend that NAC continue to serve as a reference and resource for the current planning cases and issues. NAC scored highly in the final ranking after presentation and the group present during the interviews indicated some comfort. NAC has a thorough understanding of the current code and is highly responsive to staff’s needs. Council Agenda: 7/13/09 3 A.1 BUDGET IMPACT An amount of $35,000 was included in the 2008 Planning and Zoning budget for a Zoning Ordinance review and amendment project. These funds were not utilized in 2008 and remain in reserves for this use. An additional amount of $15,000 was included in the 2009 budget for the purpose of supplementing those funds. The proposal submitted by MFRA identifies a project cost of $44,040, which is within the 2008-2009 budget amount of $50,000. It should be noted that MFRA has included within their $44,040 budget a diagnostic process which allows the City to further refine the scope of the project and the final budget amount. The City Council will be asked to review a final scope of work and contract as a separate item in a future meeting. A.2 STAFF IMPACT This project would require a significant amount of staff involvement in terms of research, preparation and administration, even with consultant involvement. Staff believes that the project may take up to two years. Given the current pace of development, the timing of this project relative to staff capacity is good, even with the demands created by the fiber project. Although the process of amending the Zoning Ordinance is a daunting task that will take considerable time and effort, an improved ordinance featuring greater clarity and added organizational efficiency will result in time savings over the long-term. Additionally, the Planning Commission and Council have cited a number of zoning ordinance amendments that they would wish to proceed with in any case. Taken alone, those amendments would also involve significant staff time. The update would most likely also require a series of workshops with City officials and the public. Staff support and communication of these efforts will be a necessary component to a successful project. B. ALTERNATIVE ACTIONS 1. Motion to approve proceeding with a Comprehensive Zoning Ordinance Revision, to appoint MFRA as the Consulting Planner for the Ordinance Revision and to direct the use of NAC for interim planning services. 2. Motion of other. Council Agenda: 7/13/09 4 C. RECOMMENDATION Staff believes that a review of the zoning ordinance is consistent with the draft comprehensive plan, which specifically outlines this process as a next step in achieving the outcomes of the plan. Recent discussions on the outdated nature of the current ordinance also make this process crucial to planning for future growth and development. Further, staff supports the choice of MFRA, particularly given the recommendations provided by other communities. Staff would also recommend continuing the relationship in place with NAC for interim planning services. The process and product of the Zoning Ordinance revision will provide a good reference point for the future appointment of a consulting City Planner. If Council moves forward on this initiative it is recognized that this is a high priority project that needs to be completed in a timely fashion. Other projects may need to wait until this important task is complete or well on its way. D. SUPPORTING DATA A. MFRA Comprehensive Zoning Ordinance Proposal Council Meeting - 07/13/2009 1 11. Consideration of approving plans and specifications and authorizing advertising for bids for Garage at Monticello FiberNet Head End Building, City Project 09C006. (B.P.) A. BACKGROUND INFORMATION: The preliminary foundation for a garage has been constructed as part of the first phase of the Monticello FiberNet Head End site. Kodet Architectural only had a concept plan for this garage at the time of the first phase. As build out of the site continues the need for plans and specifications of the garage and a general contractor or staff to orchestrate the construction is at this juncture. The design of the garage should follow in the architecture of the head end building but not in the same materials in order to keep costs down. Originally the garage was to be of a pre-stressed concrete with Kodet’s conceptual design. The cost of $286,000 included architectural mechanical, structural, and electrical design and drawings, detailed designs and elevations, building materials and systems, placement and evaluation of bids and all services to facilitate bidding, processing of submittals, receipts, shop drawings, consulting and contract administration services including site visits and scheduled . Staff felt this figure was in need of reduction, so alternative materials were requested to be specified by Kodet, this is reflected in their second alternative a wood framed, sided and roofed in steel matching the architecture of the head end building, windows on three of the walls with 10’ common garage doors with windows vs. 13’ commercial doors. Kodet’s revised versions bid range is anticipated to be between $153,600 to $184,000 but bids may come in lower. This cost includes, as the previous estimate did, architectural mechanical, structural, and electrical design and drawings, detailed designs and elevations, building materials and systems, placement and evaluation of bids and all services to facilitate bidding, processing of submittals, receipts, shop drawings, consulting and contract administration services including site visits and scheduled meetings. Staff feels this range is also high but the services rendered by Kodet have value vs. staff acting as a general contractor. If staff were to be the general contractor bids would still have to be let and do all construction management, this responsibility is possible but will distract from staff’s other responsibilities. Staff has researched material costs and subcontracting, the costs of materials and subcontracting are slightly over $100,000. Only one vendor was approached on cost to give staff a basis for material expenses. a. Budget Impact: The budget will be determined by Council upon approval of general or contractor’s bid selected. b. Staff Workload Impact: Workload will depend on selection of a general contractor vs. staff managing independent contractors. B. ALTERNATIVES: 1. The first alternative is to continue with Kodet Architectural as the General Contractor to design and build a wood framed, sided and roofed in steel matching Council Meeting - 07/13/2009 2 the architecture of the head end building, and accept quoted amount as baseline for the bidding process. 2. The second alternative is to approve the Plans and Specifications designed by Kodet Architectural and move forward on the bidding process to include a General Contractor to construct a wood framed, sided and roofed in steel matching the architecture of the head end building. 3. The third alternative is to approve the Plans and Specifications designed by Kodet Architectural and move forward on the process of staff managing independent contractors with a budget fixed by Council to construct a wood framed, sided and roofed in steel matching the architecture of the head end building. 4. The fourth alternative is to leave the head end site as is. C. STAFF RECOMMENDATION: It is the recommendation of Staff to accept the first alternative with Kodet Architectural as the General Contractor and move forward with the bidding process. The services rendered by Kodet have value by acting as general contractor. It is possible for staff to be the general contractor but if staff were chosen it will distract from other responsibilities and other areas may suffer. D. SUPPORTING DATA: Copy of Proposal from Kodet Architectural dated July 1, 2009 Copy of Proposal from Kodet Architectural dated July 9, 2009 Copy of building plans of Head End Garage designed by Kodet Architectural Copy of Morton Building materials estimate Council Agenda: 7/13/09 1 12. Consideration of purchase of equipment and operating software for Interactive GIS Web Server and applications for FiberNet Monticello and City of Monticello. (MB,AS,BW,CS, JO) A. REFERENCE AND BACKGROUND: The City Council is asked to consider granting authorization to make software and computer equipment enhancements necessary for providing citizen access to important and readily available geographic information. Funds needed to enable citizen access to geographic information have been budgeted for 2010 as it has always been contemplated that GIS information would eventually be made available for general citizen use. Development of this capability is particularly important at this time as the power of GIS can then be incorporated into enhancing communications with citizens on the construction and implementation of the Fiber project. FiberNet Monticello and the City of Monticello have been and continue to build and provide a best-in-class quality and reliable essential communication system to the community. The purpose of this utmost important communication system is to provide expansive benefit and resources for the community. Technology is one of the most powerful ways to communicate to the community. An example of advanced technology that has already been implemented at City Hall and Public Works is GIS. The tools associated with GIS (GPS, data gathering, and mapping) enable City Staff to provide quicker, detailed, reliable answers, and information to the public. The ways in which GIS can be integrated into staff and public purposes are many. It is truly cutting edge. FiberNet and City Hall have a direct need to upgrade the current GIS server and operating software at this time in order to provide a high quality informational presence to its residents and community at large. FiberNet: FiberNet Monticello has an immediate need to communicate to the public related to when services will be available to their neighborhood. One of the most effective ways to communicate and keep track of information is through GIS. FiberNet Staff would like to implement an interactive GIS component to the current website. To truly understand what is being requested the City Council could log on to the following website: www.ci.auburn.in.us/departments/essentialservices/index.htm and then click on “service availability in your area.” This link (which is a GIS application) allows residents to go on-line at any given time to find out information pertaining to this City’s fiber to the home project. For example, they can type in their address and the GIS application will tell them either: service is planned (can include dates), under construction (can include dates), or already available. Providing this tool and resource to residents will help 2 provide an all encompassing place for people to be pointed to for current construction and service information. It could be further stated that this technology will help alleviate an over abundance of phone calls asking “when will service be to my area?” Furthermore, GIS is a technology that shows an advanced, systematic, understandable way to communicate to the community. FiberNet Monticello is being built and marketed as an advanced “future proof” company. Therefore this presence should be shown to the public by utilizing already available GIS technology. While FiberNet is requesting to utilize this technology in a very short turn around time, upgrading the GIS server will also allow City Hall to implement many applications. City Hall: City Hall will benefit from the server upgrades by allowing a larger number of City staff to more effectively and efficiently utilize our existing GIS system. In short, the upgrade allows more users at any one time, with more features and options for information use. The budget proposed also includes additional training opportunities, providing a more secure GIS and web environment. It should also be noted that the requested server upgrades means the purchase of far fewer individual ArcGIS software licenses in the future, saving the City a fair amount of money. The upgrade will also allow the City to better communicate with the public through GIS applications, similar to how Wright County uses their web site and Beacon to provide information to residents. For an example of this functionality, visit other GIS based websites, including: http://beacon.schneidercorp.com/Application.aspx?App=WrightCountyMN http://www.dnr.state.mn.us/maps/central_region/mapper.html http://www.fcgov.com/gis/maps.php http://gis.hayward-ca.gov/gis.asp?bhiw=993&bhih=579 The upgrade proposed facilitates this GIS functionality for the City website. The online GIS system will allow users to zoom in, pan, etc. and then click on a segment of the map The upgrade proposed will also allow users of the City’s website to access instantaneous mapping information specific to their parcel of interest, including:  Aerial imaging  Parcel boundaries and dimensions  Parcel zoning and land use 3  Street Address  City boundary Legal description Development/neighborhood boundary Available land – commercial, industrial and residential Additionally, an interactive map feature would be developed with this project, linking users to additional content. That information would include: Links to zoning district regulations Public hearing notices Planning reports Development plans for current projects Site photos These basic tools stand on their own as assets in attracting business and development, and assisting our residents with their questions. However, as the City’s software systems for documents records, building permits, utilities, and finance records continues to increase in compatibility, this upgrade is the first step in allowing integration of other City resources into an online environment. Without this upgrade, this instant and visual access is not possible. B. BUDGET IMPACT: In order to implement the technology in a manner that will be a benefit to FiberNet, City Hall, and the community; the equipment and operating software can be set up in a manner to address immediate needs and accommodate future applications. Here is a financial breakdown: 1. Server Setup/Web Interface Design: $5,665 (benefits both FiberNet & City Hall) 2. Hardware: $5,071.66 (benefits both FiberNet & City Hall) 3. Application Development: a. FiberNet $3,925 4. GIS Licensing: $5,000 (benefits both FiberNet & City Hall) 5. Security Development: $2,500 (benefits both FiberNet & City Hall) 6. Training $1,680 Total: $23,841.66 *Please note, Staff is meeting with WSB and Doug Lyseng on Monday to further review the above numbers to ensure all components are accurately accounted for and priced correctly. 4 It would seem appropriate that FiberNet Monticello and City Hall share some of these expenses. FiberNet has a marketing budget that could be shifted from less printed marketing pieces to more electronic via the proposed web applications. Engineering has a GIS budget with funds still available that can be utilized to assist in this cost. In sum, of the total amount of $23,841.66 needed to complete this project, the cost is proposed to be derived from existing budgeted funds and FiberNet (Revenue bonds) funds. Please note that as a result of use of FiberNet funds, this already proposed project is able to be further cost shared among City departments. C. ALTERNATIVE ACTIONS: 1. Motion to authorize purchase of equipment and operating software for Interactive GIS Web Server and applications for FiberNet Monticello and City of Monticello with funding as noted above. 2. Motion to table for additional information. 3. Motion to deny request. D. RECOMMENDATION: Staff recommends alternative #1. It is our view that providing accurate and timely information to the public is a critical demonstration of our commitment to provide great service; utilization of existing technology and planning for the integration of future technology truly shows an innovative community. Implementing a GIS interactive web server application will provide a means for the public to gain better access to information at City Hall. There is a significant amount of geographic information available to City Staff that would be accessible to the general public upon completion of this project. Also, there are applications that the City can build for the benefit of citizen awareness that cannot be constructed without development of enhanced capabilities. The FiberNet implementation effort is a great candidate for enhancement through citizen interactive use of geographic information. If done correctly we believe that the savings resulting from an enhanced level and timeliness of information will more than offset costs. FiberNet is a unique project that requires many different venues of communication to the public and staff. Establishing a well planned global marketing plan for an essential service company is vital. Print pieces, public events, phone calls, and web presence are all venues that should be utilized. While print pieces are important, and will continue to be utilized, implementing an application online will allow a reduction in print costs and provide an easy tool for people to continue to keep up to date on what is happening with FiberNet. Here are a few statistics to take into consideration supporting the importance of a high quality informational website: FiberNet’s website in one month time received 1,663 hits. Once people access the website, they are viewing several pages within the 5 website, equating to approximately 2,000 pages viewed within one month. A few additional statistics within a month’s time include: an increase in e-news subscribers from 15 to 85; people signing up for service increased from 50 people to 122; and 23 people have electronically filled out the installation authorization form, which has only been on the web for about a week. People are keeping an eye on the website looking for information; thus, it is important to provide clear, high quality, interactive, advanced applications. It is also important to note that upgrading the server and implementing the GIS web server application will have a City wide benefit. The requested equipment and operating software will allow Community Development, Engineering, Public Works, Finance, and other departments the tools to implement applications and disseminate information internally and externally associated with their departments. E. SUPPORTING DATA: None included. *Web application presentation to occur at City Council meeting.