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City Council Minutes 01-26-2009Council Minutes: January 26, 2009 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday January 26, 2009 - 7 p.m. Members Present: Tom Perrault, Glen Posusta, Brian Stumpf and Susie Wojchouski Members Absent: Clint Herbst 1. Call to Order and Pledge of Allegiance. Acting Mayor Brian Stumpf called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of January 6, 2009 Joint Meeting -Sign Ordinance Tom Perrault pointed out that Brian Stumpf was not in attendance at the meeting and that the starting time for the meeting was 5:10 p.m. and the ending time was 5:50 p.m. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE JANUARY 6, 2009 JOINT COUNCIL AND PLANNING COMMISSION MEETING RELATING TO THE SIGN ORDINANCE WITH THE CHANGES NOTED. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF ABSTAINING. 2B. Approve minutes of January 12, 2009 Regular Meeting. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE JANUARY 12, 2009 REGULAR MEETING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Glen Posusta added a discussion on the advertising and public information aspects for the fiber optics system. Jeff O'Neill added scheduling a workshop on fiber optics for 5:00 p.m. on February 9, 2009. 4. Citizen comments. petitions, requests and concerns. A. Presentation by River Rider: The Council was informed that the representative from River Rider was not able to make the meeting tonight and has re-scheduled his presentation for the February 9, 2009 meeting. No one spoke under the citizen comment portion of the meeting. 5. Consent Agenda: A. Consideration of ratifying hires and departures for Parks Department. Recommendation: Ratify the hires and departures as identified. Council Minutes: January 26, 2009 B. Consideration of amendment to City Ordinance Title 8, Chapter 3, as related to diseased trees. Recommendation: Approve the amendment to City Ordinance Title 8, Chapter 3, Section 6. Ordinance Amendment # 495 C. Consideration of approving preliminary 4th quarter financial reports. Recommendation: Accept 4th quarter preliminary financial status report. D. Consideration of approving Change Order #1 for the Vehicle Storage Building at the Monticello, TP, City Project No. 2007-19C. Recommendation: Approve authorizing payment of Change Order No. 1 for the Monticello WWTP Vehicle Storage Building to KUE Contractors, Inc. in the amount of $6,100 for additional soil corrections, removal and replacement. E. Consideration of approving the revised special assessment agreement and adopting special assessments for Cedar Street Improvements for the Jerry Hartung Addition. Recommendation: Adopt the assessment for the Cedar Street Improvement for the Jerry Hartung Addition in the amount of $37,409.60. F. Consideration to adopt a position statement regarding the Clean Water Land and Legacy Amendment F~lnding. Recommendation: Adopt the position statement regarding Clean Water Land and Legacy Amendment Funding. G. Consideration of approving amendment to City Ordinance Title 6, Chapter 2 relating to the fee charged for commercial kennels. Recommendation: Adopt the ordinance amendment to Title 6, Chapter 2, Section 26(J) to the City Ordinance allowing the Council to set the fee by resolution for commercial kennels. Ordinance Amendment #494. 1 H. Consideration of approving 2008 operating transfers. Recommendation: Approve the 2008 operating transfers as listed. I. Consideration of approving a reduction in retainage for Chelsea Road Reconstruction Project, City Project No. 2006-31C. Recommendation: Approve the reduction of the 5% retain amount ($96,129.51) to 1 % ($19,225.90) and authorize payment to Latour Construction, Inc. in the amount of $76,903.61. J. Consideration ~f approving a request for extension of Kjellberg Estates conditional use permit for PUD (Planned Unit Development). Recommendation: Approve the extension of the September 12, 2006 Conditional Use Permit for Concept Stage Planned Unit Development for Kjellberg Estates to a date to be specified by the Commission with the condition that all previously approved conditions be assigned to the extension. K. Consideration of awarding bid for fiber-to-the-user (FTTU) equipment for the Fiber Optic Loop. Recommendation: Award the bid for fiber to the user RFP base bid requirements to Calix at a cost of $86,647.08. L. Consideration of awarding bid for DC power supply, battery backup systems, cabinets and racking for the Fiber Optic Loop. Recommendation: Award the base bid for DC 2 Council Minutes: January 26, 2009 power supply, battery backup systems, cabinets and racking to H.M. Cragg Company at a cost of $71,448.72. M. Consideration of calling for a public hearing on the MnDOT Twin Bridge Replacement Project. Recommendation: Call for a public hearing on March 9, 2009 for Mn/DOT's I-94 Twin Bridge Replacement Project. N. Consideration to approve the replacement of the Community Center Romp N Stomp carpet. Recommendation: Approve the purchase of the products specified in the quote from the Schneider Company for the Romp N Stomp, under and around the play structure and the carpet product for the entryway into the Romp N Stomp for $11,659 which includes sales tax. Items #SF and #SI were pulled from the consent agenda. SUSIE WOJCHOUSKI MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #SF AND #SI. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. #SF Position statement regarding Clean Water Land and Legacy Amendment funding: Tom Perrault stated he did not support this act when it was on the ballot in November because it increased taxes. He sees this as causing a feeding frenzy at the capitol. With the competition from cities and counties for these funds he didn't know what kind of impact that would have on Monticello getting any of these funds for their project.. Glen Posusta asked if anything would change at the capitol if the City voted against the position statement. He stated this was money that was generated by a sales tax increase and since the money is going to be given to some city or county it might as well be Monticello. Angela Schumann, Community Development Director provided some background on the reason for the position statement noting there is a tug of war by various entities over the use of these funds. It was felt the position statement was necessary to make sure the funds are equitably distributed between out state Minnesota and the metro area. Brian Stumpf felt this act was another option for acquiring funds for the Bertram Chain of Lakes property. Glen Posusta stated while he was not in support of more government he could support this as a means of acquiring funds for the City's park land acquisition. GLEN POSUSTA MOVED TO ADOPT THE POSITION STATEMENT ON THE CLEAN WATER LAND AND LEGACY AMENDMENT FUNDING. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. #SI Reduction in retainage for the Chelsea Road Reconstruction Project, City Project No. 2006-31C. Glen Posusta stated that he drives this road frequently and has discussed with Bret Weiss of WSB issues relating the road. The retainage of the money on this project is to repair some of the manholes that have sunk into the asphalt. Glen Posusta would like to decrease the amount of the retainage reduction and suggested leaving the retainage at 2%. This would adequately cover the 3 Council Minutes: January 26, 2009 cost of the remaining work and might provide additional leverage for the contractor to get the work done more quickly in the spring. Shibani Bisson from WSB and Associates stated that four of the manholes were repaired this fall and there are about eight more manholes remaining to be repaired. The repair of the manholes is the only remaining item on the project. She stated that the City is obligated to retain the amount needed to cover the remaining work and indicated that a 1 %retainage would do that. However, she added, it is the City's option to increase the retainage. GLEN POSUSTA MOVED TO APPROVE A REDUCTION IN RETAINAGE FROM 5% ($96,129.51) TO 2% ($3 8,451.80) FOR THE CHELSEA ROAD RECONSTRUCTION PROJECT, CITY PROJECT NO. 2006-31C AND TO AUTHORIZE PAYMENT TO LATOUR CONSTRUCTION, INC. OF THE BALANCE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Public Hearing on delinquent utility accounts and certification to County Auditor. Tom Kelly, Finance Director, stated that there was an increase in the number of delinquent accounts being certified but the dollar amount of the delinquencies was a little less than on previous certifications. Susie Wojchouski asked if the water is turned off on a foreclosed property is that property still billed for utilities. Tom Kelly indicated if the water was shut off at the street, the property was not billed. Brian Stumpf asked about shutting water off over the winter months. Tom Kelly said the City ordinance does not allow them to turn water off for non-payment. Acting Mayor Stumpf opened the public hearing. No one spoke for or against the proposed assessment. Acting Mayor Stumpf then closed the public hearing. SUSIE WOJCHOUSKI MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE DELINQUENT UTILITY CHARGES AS PRESENTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Public Hearing on vacation of a portion of Cedar Street. -Lundsten Angela Schumann showed an illustration of that portion of the old Cedar Street right of way that was being considered for vacation. Over the past several years the Council has acted on vacating portions of the old right of way and this was the last remaining piece to be vacated. Brian Stumpf asked if there was only one affected property owner and if he had been notified of the hearing. Staff indicated that was the case. Glen Posusta explained that this piece of right of way was traded to John Lundsten for the new Cedar Street right of way. He felt this was just a housekeeping matter and was something that probably should have been done when the agreement for the right of way exchange was made. Acting Mayor Stumpf opened the public hearing. No one spoke for or against the proposed right of way vacation. Acting Mayor Stumpf then closed the public hearing. TOM PERRAULT MOVED TO APPROVE THE VACATION OF THAT PORTION OF CEDAR STREET/OLD HIGHWAY 25 AS DESCRIBED IN RESOLUTION NO. 2009-4 WITH THE CITY 4 Council Minutes: January 26, 2009 RETAINING A DRAINAGE AND UTILITY EASEMENT. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of aauroving 2009 Parks Deuartment Tree Program. Park Superintendent, Tom Pawelk presented information on the third annual resident tree sale. A copy of the flyer that will be sent to the residents was presented. Under the program residents will be able to order two trees from the species listed at a reduced price. Tom Pawelk indicated that they had budgeted $8,000 in the 2009 budget which would cover this program. Tom Perrault asked if these trees could only be planted within the boulevard area. Tom Pawelk indicated the property owner could plant them anywhere on the property. Susie Wojchouski suggested in light of the poor economic times that the cost that the residents pay for the trees be increased from $16.00/each to $20.00/each. She felt this would help the City's budget and still be a good deal for the residents. Glen Posusta questioned how much participation there would be in the program since many people do not have much in the way of discretionary funds. Brian Stumpf clarified that the flyer would be sent out to the residents but the trees would not be ordered until after the order forms were turned in. The City would only be ordering the trees needed. Susie Wojchouski asked how the public would get the information about the resident tree sale. Tom Pawelk indicated that it was going out in the spring newsletter since that only goes to city residents. Glen Posusta asked if the City provided any kind of guarantee on the tree. Tom Pawelk stated the no the City did not. SUSIE WOJCHOUSKI MOVED TO APPROVE THE 2009 TREE PROGRAM AND AUTHORIZED THE FEE FOR THE REDUCED COST TREES FOR RESIDENTS BE SET AT $20/TREE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Glen Posusta questioned why the City has not put any trees around the wastewater treatment plant. He felt it was something the City should do. He noted a local grower in Monticello had the size trees that would be needed and could offer a good price. He felt if there were funds remaining of the $8,000 after the resident tree sale, these funds should be used for tree planting by the wastewater treatment plant, along the Riverfest parade route and other areas in the City. Brian Stumpf cautioned that in planting the trees staff should make sure that when the tree is fully grown it will not hinder the view of vehicles on the road. He suggested staff come back to the Council with a landscaping plan for the wastewater treatment plant area. Public Works Director Bob Paschke said the landscaping plant for the wastewater treatment plant should utilize conifers since the leaves from deciduous trees could go into the SBR tanks. Susie Wojchouski asked that staff look at the pine tree at the intersection of County Road 39 and Elm Street. It does restrict visibility at that intersection. Tom Pawelk indicated that if the tree is in the right of way the City can trim it back. It was noted that there is approximately 40 trees that staff had planted in the reservoir area that can be used in the parks and to replace boulevard trees. 5 Council Minutes: January 26, 2009 10. Consideration of approving purchase of automatic transfer switch for fiber optic head end building. Bob Paschke, Public Works Director provided information on the automatic transfer switch and generator needed for the head end building for the fiber optics system. The equipment is needed at this time to keep the project moving forward. The automatic transfer switch is the connection to power up the building. An emergency generator to provide backup power also needs to be purchased. City staff talked to electrical engineers who recommended purchasing the automatic transfer switch and backup generator as a matched set. Bob Paschke submitted the quotes he had received from three vendors as well as a price estimate from KC Companies the contractor on the head end building. The quote from Cummins had a cost of $20,554.50 for the automatic transfer switch and $52,717.50 for the backup generator. The generator would take 45-60 days to receive and the transfer switch could be deliver in 1 %2 weeks. The quote from Ziegler was $68,190.00 for the generator and $16,801.00 for the switch with delivery within 3-4 weeks. The quote from Allied Generators was $67,160.00 for the generator and $10,700.00 for the transfer switch with the delivery time for the generator of 12-13 weeks and the 10-12 weeks for the transfer switch. Bob Paschke stated a primary factor to consider is the delivery time. Cummins had significantly less in the way of the delivery time and since the automatic transfer switch is necessary to have in place before the interior of the head end building can be finished, Bob Paschke felt Cummins provided what best suited the City's needs. Susie Wojchouski asked if the full fiber project does not proceed is this equipment still required for just the fiber loop. Bob Paschke indicated the transfer switch would be needed but the generator could be delayed. He explained that presently the head end building is being heated with a temporary heat source. Glen Posusta questioned why permanent power was not brought into the building at the beginning. Staff responded that at that time it was not known what the power load was going to be for this building. This information was not known until December and once it was known staff worked hard to get the quotes in place. Susie Wojchouski asked if these items were included in the fiber optic budget and was told it was. Bruce Westby said the switch was pulled out of the building so it could be matched with the generator. Once staff found out what the loading rating was they moved as quickly as possible to get the switch and generator ordered and in place. The 800 amp which was recommended was a higher ampage than what the City initially thought would be needed. Glen Posusta asked how far away the City is from doing anything with the building. Bruce Westby said it is anticipated that the head end building.will be fully operational by the end of March. However they can't finish the interior of the building until the transfer switch is installed. Jeff O'Neill asked, if the prices were based on matched units, could the City delay the purchase of the generator. Staff indicated that if the City delayed the purchase of the generator, the price would still be the same. However, since the funds are budgeted and the generator will be needed anyway, staff felt there was no reason to delay the purchase. Brian Stumpf asked if the Council could receive another update on the fiber optics budget and Jeff O'Neill indicated that would be included in the February 9, 2009 fiber optic workshop. 6 Council Minutes: January 26, 2009 There was some discussion of the quotes and the price ranges. The Council questioned if taking the lowest price vendor on each item wouldn't be a less costly purchase. Bob Paschke said it would depend on how well the two different components would mesh and whether there would be additional work to make them mesh but he emphasized the time factor. Only the Cummins could deliver the transfer switch in 1 %2 weeks as compared to 10-12 weeks by the other vendors. BRIAN STUMPF MOVED TO PURCHASE A MATCHED AUTOMATIC TRANSFER SWITCH AND GENERATOR NOW FROM CUMMINS NPOWER, LLC FOR $73,272.00 Tom Perrault asked what it would take to retrofit the setup if the City didn't go with a matched unit. Brian Stumpf felt that would be difficult determine until it was known what switch and what generator were being used. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Item: Fiber Optics Marketing: Glen Posusta asked who was in charge of doing publicity for the fiber optic system. He thought if it was an outside entity maybe the City could do more of the work in-house. Jeff O'Neill said the City has utilized staff, and Lynn Dahl and now they also have Don Patton from HBC. Staff is looking to Don Patton to give guidance on whether more work should be done in-house or whether additional outside consultants are needed. Glen Posusta suggested that perhaps Megan Barnett, the City's Economic Development Director could take on more of this responsibility. Brian Stumpf felt this was something that could be looked into but he was reluctant to say that everything should be done in-house. He had concerns about what other duties are left undone if more staff time is committed to marketing fiber optics. Susie Wojchouski felt the City had to be careful with staff commitment to this project because it is suppose to be separate entity from the City. Glen Posusta felt that the perception is it is a City project and it will always be seen that way even though FiberNet Monticello is a separate entity. Jeff O'Neill said the whole fiber project is aimed at helping with job creation and development so the Economic Development Director needs to be knowledgeable and involved in fiber optics but he questioned whether she would have to know all the details of it. Brian Stumpf said he would not like to see the City close the door on opportunities that are available to them. He hoped that discussion of what the City's needs are and what would best fit these needs would be something that would be discussed at the workshop on the 9a'. Jeff O'Neill stated that the starting time will be set for 5:00 and maybe adjusted depending on the schedule. He added that a portion of the workshop meeting maybe closed. Susie Wojchouski asked if the Council ever received a list of property owned by the City. The Finance Department has assembled that information and it will be provided to the Council in the next green sheet update. 11. Consideration of anuroving payment of bills for January, 2009. TOM PERRAULT MOVED TO APPROVE PAYMENT OF THE BILLS. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7 Council Minutes: January 26, 2009 12. Adiourn. TOM PERRAULT MOVED TO ADJOURN THE MEETING AT 8:10. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Jo~.t~Tl~l ~~.AsoS S.~..,r~R sL-., Recording Secretary