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City Council Agenda Packet 05-26-2009AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Tuesday May 26, 2009 - 7 p.m. Note: Workshop meeting - 5 p.m. Goal setting with focus on impact of state budget cuts Mayor: Clint Herbst Council Members: Tom Perrault, Glen Posusta, Brian Stumpf and Susie Wojchouski 1. Call to Order and Pledge of Allegiance. 2A. Approve minutes of Apri122, 2009 Special Meeting 2B Approve minutes of May 11, 2009 Special Meeting 2C. Approve minutes of May 11, 2009 Regular Meeting 3. Consideration of adding items to the agenda. 4. Citizen comments, petitions, requests and concerns. a. Public Service Announcements, if any: 1. Bertram Chain of Lakes Amphitheater Schedule b. Bapa Enterprises -Liquor License 5. Consent Agenda: A. Consideration of approving new hires and departures for MCC, Streets, Parks and DMV. B: Consideration of authorizing preparation of feasibility report including signal justification report for signal system at School Boulevard and Cedar Street intersection. C. Consideration of authorizing preparation of feasibility report for Marvin Road improvements. D. Consideration to authorize resolution of support for 2010 bonding funds for Bertram Chain of Lakes. E. Consideration of approving final payment and acceptance of work for the WWTP Digester Mixer, Sludge Storage City Project No. 2007-18C. F. Consideration of authorizing preparation of feasibility report for Fallon Avenue pavement rehabilitation project. G. REMOVED H. Consideration of approving a neighborhood block party and closure of cul-de-sac. Agenda Monticello City Council May 26, 2009 Page 2 I. Consideration of approving final payment and accept improvements for the Fiber Optics Head-End Building Site, Grading, and Utility Improvements, City of Monticello Project No. 2006-32C. 6. Consideration of items removed from the consent agenda for discussion. 7. Public Input meeting on TH 25/River Street access closure pilot project, City Project No. 2008-14C. 8. REMOVED FROM AGENDA 9. Consideration of approving summary of grant application for stimulus funding supporting fiber optic project along with related actions. 10. Approve payment of bills for May. 11. Adjourn b 00 ~ am ~ ~ 1 W C W C ', '.J 1 G ~ ~ 1." O ~p W (D ~D f D A [ o ('J ~ -. . -. N N N ~ ~ ~ ~ ',7 ^ N n h n O oo O 00 ~ O O O o o o o o o N N N to to to W W W ~D ~D ~O O O O .. .. ~ C\ .. Q1 O O ~ O 00 C 00 0o A A N -J ~ s x a ~ o ~ T ~' a ~ ~ ~ I 3 _ ~ ~ ¢ ~co n c c ~ X n ~ ~ n ~ n C" ` '.. ` ~ 7 ~ ^3 ~ m ~ ~ co ^3 x n ~ A -' o ~, c ~ a ~ ~o ~ d ~ ~ ~ ~ ~ . o m w ' ~ ~ p o ~ c o ] o o ~ w ~,. ¢ iu N ~ a ~ co C ~ ~' oc ° - n ~ ~ ~ y ~ ~ V] N ~ " ', ?~ ~ w N Vii w c ~ a c. w . 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Vt Vl Vi Vt W aooo ~ ^ o ~ o x rn ^ 00 00 00 00 GO 00 00 V J J J J J J w w w W W W W J J G\ O~ C\ ~ ~ O O 00 J ~] .C1 l.n ., ~' r-j X W n 'T,' T. -- o' ~ 7G" N ~ ~ LOS' T' `~'" Ga ~" `G ~ ~ .._. ~ m .~' vi N O ~ C (n O ~ p UG N O H n O ',."i S O N O J~" 7a -~i O' N O ~ .a_'. `D _ m oo < _ w ~ ~ 7 a'- O -O ~- to .o _ W " -' ~ SZ° p o0 ~ N• ~ z ~ a "°~ '~ ~ ~ N ~ m ~ ~ _ ~ ~ ~ m p N m ~n ~ _. D c ~ . o ~ ~_ ~ N "~ J ~ m Uj (~ ~ ~ "J' ...,. n 7c' ~ io p N ~ ~ C 'S5 S O ~ y "~ vi O ~ O n ~ ~ ~ N .. K, ~ ~ O ,y _ 7Gy' ~ o d p ao ~ ~ w H ~ i ~ ~ ~ ^' ~ a ~ o co ~ o ti C" ~ m ~ „ co ~ ~ ~ M. m ro N ~O W N N ~ N N 00 ~O J ~ ~ Vi O W W W l.n ~p N W A A w U ~-` Q\ N O J N O J O ~O O oo C\ C\ ~- W O O. J ~O In -- J J U U O O ~ N W ~-- N A to ~-- 00 ~O O O O 0 0 0 ~ ~OV ~O O O ~ ~O N N to W~ N C N W 41 O Go O O O O O O ~O to oo G1 ^ N N N N W Oo ~O A ~7 D, O O O O O O O O O O O O O O O O O O O O V~ Vi tli U 4i lli V~ to V~ U V1 l.A Vi In Vi (li Vi In CA Vi N N N N ~. r- .-. .-. N ... N N N `. .-. ,~ N N N .-~ .-~ .-. N ~. N rr N N N N N N N .-. .-. .-. .-. `. ..~ .-. N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O S O ~ O O l.n S O O O ~ O ~ O S O O N N N to O ~] .-` N In A A A A ~p A ~. ? n jr _. ^ 4i A A A O ~- _. .-. ._. A A A N ~j ~ A. ry X. .r A N F. ~. `. G~ G1 C1 Vi ^ ? A A A A A ~ _ _ ~O ~D ~O ~O A 00 V] ~O N V] w -• ~O - ~O 0o V] N N N N N N V1 ~O J V1 W .- V1 _ to w to In to ~O N ~- N ~-- 00 ~D ~O A ~D J 0 0 0 0 fD ..O A O N ,O N N J v O O (D .O O O O O O O fD A V~ O N O N v R .O O N O N N J A --~. O W N N O C ? A A A ~ ? N N N N N ~ A ry A ~ A A ? A A A A W W W W '--' a ~ A O A O N O N N N N N N N N cn n ~ b ~ N .- In fD ~O N [o _ _ . .. Q\ ~ A ~O ~' ~O O O O O O 0 0 O ~- O O ^ ~D ~O ~ O O O --~ N N O O O O ~O O ^ O O --~ v, ~p ~-- ~O 0 0 \O O O O O O O O ~ O O O O O ~~~~ a a a a > a x N N N N x x x x x O O O O A A A A Q, ~ ~ ~ ~ a n. a. a. n. n. G_ ~ ~~~ `~ m m w w m m ~ ~ ~ ~ O 2 z • ~' O 0 y O C d p7 A '! C S Z z A • v i• • • b w as x C) C x x x L' '1' C U U U U U C \ U \' ~ C N N N N N N N N N ~ N ~p O O O ~p O o A A A A ',.~ ' (D _. ~. `. ... n ~D ~D ~D ~O ~O ~ ~ D ~O U U U U O ~ ~ ~ O 7 A -- -- O O O ~O - W W w w '3 U U U U U L. p, O O O n x p, w J J J w p, O C O O d vi A w W w W w W N O O O -i A A A x x x a .. O w O .. w J C` U C ~O C\ O O ~ ~ ~ ~ ^, N x v v ~O N ~• O •-• •..• ~O ~7 J U x N- x A A w O O A 0 ,O v~ U in ~n vi U U vi ~n ~ ~ aaaaoooaa - ~ , v , b ~ ~ ~ O ~ ~ ~ ~ t i~ O N x m C ~ A a a C ~ a -~ ~ a n a a a a -~ ~ ti O S N TS "O f0 'S ~ S 'S S ('> () (~ A d .T J .J-. a ~ w =. ~. a ~ G1 ' ~ ~ ~ ~ ~. ^. .~. ~ ~ m d r' A N N N x 'C ~ C 7 ~ ~ c i ~ O N ~ w w N ,.C _ O O O v i J ~ W a b ~ ~ P~ 7S' O A~ ~ d J J J J O .~- m 77 O , O ~ N N N N ~ , ( ~ a C CS O O _ G ~' C' `_ A A ~ _ `~ . . C w U U U G' y N ~ ~ U l\ U U ~ ~ W N U CD .._. ..+ .... r- ._. W y l ~ ~ ~ W W W W - . . d d Al G~ O~ O~ C y ~ ? E .A~ E ~ _ _ _ _ N N N N _ w p J ^ ~"" O 0 0 0 O O~ ~ fD ^ ~D ~O ~D ~O ~ A C" m t" ., A n ~ n G7 w N 7 ~' O~ .- x O N A ~ O ~O ~O ih V N x ~ N J N - - C\ J _ U ~7 O ~] U U U ~p A J W x J C\ D, G1 ~O x -~ U N U A W O Q\ ~D x U ~O A ~D ~O - O O A D, O ^ ~~~~ w C\ J N- O ~-- A A A A C\ O- U U U O O w x 0 O 0 0 0 0 N O O, O a1 O w A x ~] U `D O U A W W O O O O O O O O O O O .+"'~ x U ~ N U U W N ~O O O O O O O O O O O O O O O O O O O O O O O O \ l\ \\ U U U U U U U U U U l\ U U U U U U U U N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O I O O O O O O O O O O O O O O O O O O O O O O O ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ (~ .. .-. (~ .-. ("~ G1 D\ ~ CT G\ ('~ --~ 'J' ~ --' N (") G\ -r ._. G1 G11. - N O S O O O S O ~ O O O O O ;Y O O O S O O O O O O O O N ~ ~. ~. Q - ~p A O ~' X .-~ `. ~. A A A ~ n F .-. A N n ~ ~p i0 i0 `O ~ A A A A .A O n x .-. ~ ~. J A A A A O n X ~.- b - .r N , A .A A A A A A A A ~O J Cn W W w N N N V] w ~` '/1 ~ ~ ~ ~~ J J J J J !/1 - ~O - - ~O J ~O ~O Cn ~ N N~ O U ~O w U ~7 N ~] A A N A- U A (D ~ W W W 0 0 0 N .0 - O (~ .0 U U U U U O O O O O (D d N U N ~D O A 0 0 O .O U O O ~O A O A N A 0 0 0 0 ~-- O O N A N ~ A A ~ ~ ~ A A ? ? 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(~ ~O ~D ~O ~O O~ ~D 'J1 ~O ~D ~D ~O w ~O O~ ~O ~O ~D ~D 01 ~O ~D ~O ~O (D ~O ~O ~O ~- ~O O ~D ~D ~O ~O O ~O .-• ~D ~O ~O ~O ..• ~D ~D ~D ~D O O O O O O O O O O O O O O O O O O O O O O O ~- 7 O z 0 A H ~~ o' 0 O C .t 'b A'+ .3 d A n R C `"~ C 'S ~ ~ C". ci :7 ~ a N O O Vi N O\ O 0o N ~ N O o ~ l 1 '~ •~ n ~~.y V O ~h ~_ N M l J (") 0 b --~+ • a ~ x m a w ~p ~.~ * ~~~ ~~ ~ ,a ' ~ r~ ~J • • ro n 0 B c n b 0 0 M r ti Q~ C 0 ., 0 0 N O O O W W a -~ 0 z a ., 0 n A x y d n ~_ ~• 0 i • b N • • • Council Minutes: Apri122, 2009 MINUTES SPECIAL MEETING - MONTICELLO CITY COUNCIL Wednesday, Apri122, 2009 - 5 p.m. Members Present: Clint Herbst, Glen Posusta, Tom Perrault, Brian Stumpf and Susie Wojchouski Members Absent: None 1. Call to Order The meeting was called to order by Mayor Clint Herbst at 5:30 p.m. following a tour of the FiberNet Head-end Building. Jeff O'Neill, City Administrator, asked Council members and Advisory Board members to introduce themselves. A presentation of the FiberNet project prepared by City staff was given to those present. This included history and status of the project, system goals, marketing efforts, and Broadband Stimulus Grant funding. Next steps for action were listed and Jeff noted that a resolution of support for the grant application will be presented to Council in the near future. 2. Adiourn There being no further action, the meeting was adjourned at 6:45 p.m. Recording Secretary Council Minutes- May 7 ], 2009 MINUTES SPECIAL MEETING - MONTICELLO CITY COUNCIL Monday May 11, 2009 - 5:30 p.m. Members Present: Clint Herbst, Tom Perrault, Glen Posusta, Brian Stumpf and Susie Wojchouski Members Absent: None 1. Call to Order. The special meeting was called to order at 5:30 p.m. Economic Development Director, Megan Barnett introduced Rusty Fifield from Northland Strategies who completed the TIF Analysis and Management Plan. This report will be presented to the EDA at their June meeting. 2. TIF Analysis and Management Plan. Rusty Fifield presented information on the plan and reviewed the process they followed in looking at the City's active TIF Districts. Rusty Fifield stated most of the City's TIF Districts are doing fine but there are some districts that have issues that will require the Council action. In 2006 a similar study was done and that study was used as the foundation for this study. Their firm verified existing data and updated the data. Rusty Fifield noted there are some additional steps that should be taken to assure the City that the information is the most accurate. There are 18 TIF districts most of which are small districts made up of only a few parcels. Most of the TIF districts are housing or job related districts. The state legislature has made it more difficult to spend money outside the TIF district that generated it. All districts are governed by state statutes and the statutes governing the TID district depends on when the district was created. The district is also governed by the development plan and other agreements made in the creation of the TIF District. Rusty Fifield noted this plan has been reviewed by Steve Bubul of Kennedy and Graven, the legal counsel for the EDA. Many of the TIF statutes were adopted in the 1990's. The 5-year rule affects 15 of the City's 18 districts. District 1-2, 1-5 and 1-6 are not affected by the 5-year rule. Changes in the TIF statutes relating to pooling requirements make it more difficult to spend money outside the TIF district. Redevelopment districts are set at not more than 25% which includes expenses. Districts that are not re-development districts are at 20%. The City has greater flexibility to use excess increment from housing districts to help other housing districts. All districts are subject to the same decertification requirements and annual reporting requirements. Districts are decertified when the district's obligations have been met. Leftover money from a TIF district goes back to the county for distribution based on the tax rate in place at the time. As a TIF district it is overseen by the EDA. When the district is decertified it comes back to the City. The study split the TIF districts into three groups: 1) Pre-1990; 2) Post 1990 with no issues and 3) Post 1990 with management issues. The pre-1990 and post 1990 with no issues could Council Minutes -May 11, 2009 be decertified or the other alternative is to use the full maximum life of the district with the remaining resources being used according to the TIF plan. The post 1990 district with no management issues each generates enough revenue to meet that districts obligation. Excess funds could be pooled for new housing or industrial development. The post 1990 districts with issues include District 1-36, Dahlheimer Distribution. This is an internal loan that is not projected to be repaid. Rusty Fifield felt this district picked up the major cost of the industrial park development. Another post 1990 district with issues is District 1-35, Landmark Square II. The site has been cleared but the project has not been built. Something needs to be done between now and August 1, 2011. The other post 1990 with issues district is District 1-22 which is the downtown district. The five year rules complicates what happens in this district. Other things that need to be done are 1) Verify what parcels are in each district; 2) Analyze pooling capacity, that is, what money can be spent outside the TIF district. If TIF money is available, what is the most important thing to do with the funds? It is also important to look at what parcels need redevelopment. The 2004 TIF bonds cannot be prepaid until August 2010. The City can't decertify District 1-22 because some parcels are pledged to development notes. In looking at all the TIF districts it is estimated that there about $1,130,000 for redistribution and the City should expect to see approximately $500,000 of that. Rusty Fifield indicated there are some changes to the TIF statutes being considered by the legislature. Glen Posusta asked about Landmark Square II and whether they have to build something before 2011. If the developer doesn't want to do something do the funds come back to the City. Staff indicated it was a "pay as you go" district so if nothing is developed no payment is made. The City should see what parcels were originally in the district and determine whether they have changed by being platted or split. Rusty Fifield said that money from other districts, TIF 1-5 or TIF 1-6 to could be utilized help TIF 1-22. Rusty Fifield said the legislature is considering increasing the time to spend tax increments from 5 years to 10 years. 70% of land area in new redevelopment districts should be designated to buildings and 30% of that can be vacant land. Clint Herbst asked why would they go ahead and decertify a district instead of using the maximum life of the district. Clint Herbst asked if staff should send a support letter to the legislature encouraging adoption of the 10 year rule. Rusty Fifield said Steve Bubul is the President of the Minnesota Institute of Financers, a group that is also looking at this issue. Glen Posusta asked about the issue with the Dahlheimer district. Rusty Fifield said the cash flow projections will not compensate the city for money that has been put back into the district. Megan Barnett said staff needs to get a better idea of the actual cost for the industrial park. She added that Barry Fluth has been contacting staff regarding the LandMark Square TIF district will likely be coming back before the EDA and the Council on this. It was noted that there is another parcel owned by Barry Fluth that is in a TIF district which is the Cub parcel of land. Cub and the City entered into an agreement with the developer to help with development cost. There is TIF income coming in but it is not enough to amortize the note. Glen Posusta felt the assessor had the property valued too high. Rusty Fifield felt it was a value issue. Rusty Fifield said it would be interesting to see how assessors respond to the current economy. As far as Barry Fluth Megan Barnett said there are a few options the City 2 Council Minutes -May 11, 2009 can look at. Susie Wojchouski asked who does the report to the County. Tom Kelly does the report and sends it to the county. To decertify a district the Council passes resolution which is sent to the County. Jeff O'Neill asked what are the critical parcels. Rusty Fifield noted it has been 12 years since the downtown plan was done. He said there are parcels that could be redeveloped but because the structures are not substandard they would not qualify as a new district. Clint Herbst brought up tax abatement as a possible tool that could be used. Rusty Fifield said TIF is a significant economic asset and the City needs to apply it where the greatest needs are. Megan Barnett mentioned that the City has to keep in mind the decertification dates that City has to work within. Rusty Fifield said if you going to spend money in the downtown the City needs to decide what things to look at. Rusty Fifield said if you decertify District 1-22 you would have approximately $125,000 that could be used for something else. Brian Stumpf used as an example K-Mart which is in District 1-22. If someone wanted to take down the K-Mart building assuming the building was substandard it could then be put in another TIF district. Some questions on what TIF could actually be used for. Redevelopment TIF districts have to comply with the requirement that 50% of the buildings have to be substandard. Vacant land could be combined with land for economic development. Substandard building is the building block for TIF district and therefore substandard buildings should be kept in place until the district is established. There was general discussion on what is substandard. Megan Barnett brought up the Transformation Loan program and stated that the City is no longer doing that program. The funds for that program came out of District 1-22. Tom Perrault asked about interest rates and whether they could be revised. Rusty Fifield said an amendment to the development agreement could be requested. 3. Adiourn. The meeting was adjourned at 6:35 p.m. Recording Secretary Council Minutes: May 11, 2009 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday May 11, 2009 - 7 p.m. Members Present: Clint Herbst, Tom Perrault, Glen Posusta, Brian Stumpf and Susie Wojchouski Members Absent: None 1. Call to Order and Pledge of Allegiance. Mayor Herbst called the meeting to order at 7:05 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2. Approve minutes of Apri127, 2009 Regular Meeting BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE APRIL 27, 2009 REGULAR MEETING. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. The following items were added to the agenda: 1) Update on problem with feral cats; 2) Curb and sidewalk by Riverside Cemetery; 3) Words of appreciation; 4) Public Works Week; 5) Awards received by the wastewater treatment plant and the Finance Department and 6) Adopt resolution approving summary publication for the recently approved sign ordinance. 4. Citizen comments, petitions, requests and concerns. a. Public Service Announcements, if any: 1. Farmer's Market Opening 2. Bertram Chain of Lakes 3. Walk N Roll 4. Pandemic Preparation Angela Schumann made the public service announcements. The Farmer's Market will open on Thursday, May 14, 2009 at their new location on the library parking lot. The Farmer's Market will be open every Thursday until October 15, 2009. The Bertram Chain of Lakes Advisory Committee invites people out to the Family Fun Event scheduled for June 13, 2009. There will be free activities and refreshments and it is a great opportunity to enjoy this natural area. Clint Herbst suggested that information on the Family Fun Event be put on Channel 12. Walk N Roll is scheduled for Saturday June 20, 2009 at 9:00 a.m. It will start at the Monticello-Big Lake Hospital and end at West Bridge Park. It was noted that there are links on the City's website to the State Health Department and Wright County which are sources of valuable information on what you should do if a pandemic event occurs. Council Minutes: May 11, 2009 5. Consent Agenda: A. Consideration of approving a request for a one day charitable gambling license for a raffle at the High School ballfields on July 9, 2009. Recommendation: Approve the one day charitable gambling license for a raffle for Monticello Girls Fastpitch Association for July 9, 2009. B. Consideration of accepting donation of $2,500 from Land of Lakes Choirboys for Riverfest Celebration. Recommendation: Approve the contribution and authorize use of funds as specified. Res. #2009-23. C. Consideration of Neighborhood Stabilization Program Grant. 1. Resolution authorizing approved signers 2. Final grant agreement between the City and MHFA (Minnesota Housing & Finance Agency). Recommendation: 1) Approve the resolution authorizing the Economic Development Director, Finance Director and Senior Accountant the ability to sign required documents related to the Neighborhood Stabilization Program grant; 2) Authorize the Mayor and Economic Development Director to sign the final Neighborhood Stabilization Program Grant agreement between the City of Monticello and Minnesota Housing Finance Agency. Res. #2009-25 D. Consideration of approving contribution of $250 from Tom Perrault to general fund. Recommendation: Approve the contribution and authorize use of funds as specified. Res. #2009-22. E. Consideration of approving contribution of $1,000 by TDS and $1,000 by Cargill Kitchens for Bertram Chain of Lakes Activities Day. Recommendation: Approve the contributions and authorize use of funds as specified. Res. #2009-24 F. Consideration of authorizing preparation of signal justification report for School Boulevard and Cedar Street intersection. Recommendation:. Authorize preparation of feasibility report including signal justification report for a signal system at School Boulevard and Cedar Street intersection while waiting for a response from Wal-Mart. G. Consideration of resolution approving summary publication of Ordinance #497, sign ordinance. Recommendation: Adopt a resolution approving summary publication of the sign ordinance (Ord Amd. #497) Res. #2009-26. H. Consideration of adopting amendment to City liquor and beer ordinances clarifying Sunday operations. Recommendation: Direct the City Attorney to review the City's ordinances relating to the sale of alcohol and make appropriate revisions which will be brought back for Council review. Items #SC and #SF were removed from the consent agenda and adoption of a resolution allowing for summary publication of the sign ordinance was added as #SG. Glen Posusta asked if regular agenda items #8 (Liquor Ordinance Amendment) and #10 (Overtime Policy) could be added to the consent agenda. Since some of the Council wanted to discuss #10 only item #8 was added to the consent agenda. 2 Council Minutes: May 11, 2009 Clint Herbst stated that the City had received contributions of $1,000 each from TDS and Cargill Kitchens for the Bertram Chain of Lakes Family Fun Event. This matches the $1,000 contribution received earlier from Xcel Energy. The City also received a contribution of $2,500 from the Land of Lakes Choirboys for the Riverfest Celebration and a contribution of $250 from Tom Perrault to the general fund. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH ITEMS #SA, #SB, #SD, #SE AND THE ADDITION OF #SG (SUMMARY PUBLICATION OF SIGN ORDINANCE AND #SH (AMENDMENT TO LIQUOR ORDINANCES) WHICH WAS ON THE REGULAR AGENDA. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. #SC Neighborhood Stabilization Program: Tom Perrault stated he was of the understanding that the Minnesota Housing Finance Agency was responsible for doing all the work for the grant funds. Economic Development Director, Megan Barnett stated according the Housing and Urban Development guidelines for this program the MHFA cannot receive the money and that is why the money goes directly to the City. Tom Perrault pointed out some corrections that needed to be made on the addresses for the cities of Monticello and Otsego. Tom Perrault noted the agreement contained a number of conditions including policies for a drug free workplace awareness program and use of excessive force policy. Since the agenda item indicated there was no budget impact by approving this item, he questioned who was responsible for seeing that these policies are in place or preparing them if the City does not already have the policies. Megan Barnett stated these policies are required by the program. Tom Perrault was concerned about what it would cost the City as far as staff time. Megan Barnett responded that the City contracted with Central Minnesota Housing Partnership (CMHP) to administer this program. It is their responsibility to make sure everything is in compliance with the guidelines. The CMHP is funded through the administrative portion of the grant. Susie Wojchouski asked about the targeted geographic areas and how they were determined. She noted also that Kevin Longley Drive was misspelled in the agreement document. Staff informed the Council that the selection process was based on the cluster of foreclosed homes in an area. West Monticello was targeted for rehabilitation assistance and other targeted areas would receive down payment assistance. There is a Neighborhood Stabilization Program training session scheduled for Thursday May 14, 2009 from 8:30 - 10:00 a.m. at the Community Center. GLEN POSUSTA MOVED TO APPROVE THE RESOLUTION AUTHORIZING THE ECONOMIC DEVELOPMENT DIRECTOR, FINANCE DIRECTOR AND SENIOR ACCOUNTANT TO SIGN REQUIRED DOCUMENTS RELATED TO THE NEIGHBORHOOD STABILIZATION PROGRAM GRANT. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. GLEN POSUSTA MOVED TO AUTHORIZE THE MAYOR AND ECONOMIC DEVELOPMENT DIRECTOR TO SIGN THE FINAL NEIGHBORHOOD STABILIZATION Council Minutes: May 11, 2009 PROGRAM GRANT AGREEMENT BETWEEN THE CITY OF MONTICELLO AND THE MINNESOTA HOUSING FINANCE AGENCY. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION BECAUSE OF THE NUMBER OF PROVISIONS IN THE AGREEMENT AND THE UNCERTAINTY OF WHAT IS ALL COVERED BY THE GRANT FUNDS. #SF Preparation of feasibility report for signal system at School Boulevard and Cedar Street: Clint Herbst indicated he had talked with Charlie Pfeffer who stated that if the signal was not put in at this time, the City could still assess Wal-Mart at a future date when the signal was installed. Consulting engineer, Bret Weiss said the agreement with Wal-Mart and Ocello should be reviewed by the City Attorney because the agreement may contain a provision that it could not be assessed at a future time. Clint Herbst said he finds it hard to believe the City would agree to this. Bret Weiss said at the time there was a lot of development activity going on in that area and it was thought the development would justify the signal going in within five years. Bret Weiss suggested moving this forward with the understanding that the City Attorney be contacted as far as determining the City's ability to assess for a signal in the future. He added if the City would install and assess the signal at some future date, the City would be assessing all benefitting properties. Under this agreement the cost of the signal is being picked up by only two property owners. Clint Herbst felt it was a shame to proceed with a signal if it is not needed. He asked if how the property develops would change how the light would need to be designed. Bret Weiss said the preparation of a feasibility report would have to be done whether the light is constructed now or at some future date. If the feasibility report is done now but the signal system is not constructed for a number of years, updating the report would be minor. He added that if the City was in the design stage it would be more costly to make changes at that time. Susie Wojchouski questioned whether waiting another 15 days for a verbal response from Wal-Mart would delay the project too long for it to be constructed yet this year. She also questioned stacking issues related to the construction of a signal at this location. Glen Posusta concurred with the question related to the stacking but also felt it was necessary for the City Attorney to provide information on the City's ability to assess this project. There was some discussion on the City's ability to get this project constructed by the October 15, 2009 time frame and whether "constructed" meant fully operational or in the process of being installed. Clint Herbst suggested waiting until the City heard from Wal-Mart and if it was determined that Wal-Mart would not extend the time frame of the agreement, the City could at a special meeting authorize proceeding with the preparation of the report. BRIAN STUMPF MOVED TO TABLE ACTION ON THE FEASIBILITY REPORT INCLUDING SIGNAL JUSTIFICATION REPORT FOR THE SIGNAL SYSTEM AT SCHOOL BOULEVARD AND CEDAR STREET. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4 Council Minutes: May 11, 2009 7. Consideration of authorization to develop terms of an agreement with the City of Big Lake to process Monticello's dewatered biosolids using Big Lake's proposed Class A biosolids dryer. Public Works Director Bob Paschke provided the background information on this item pointing out that the City has for a number of years looked at the issue of how to handle the biosolids and has done studies on constructing a biosolids dryer that would produce Class A sludge. Because of the change in economic conditions and the decline in development projects, the City Council tabled the biosolids dryer project. The City has an opportunity to work with Big Lake about the possibility of entering into a ten year agreement to work an arrangement for the drying and processing of biosolids generated by the Monticello wastewater facility. Regardless of whether the City proceeds with a joint venture with Big Lake the City would need a belt filter press to dewater the biosolids. In addition a building would have to be constructed at the wastewater treatment plant to house the drying press and other ancillary equipment. If the City proceeds with an agreement with Big Lake, the City would incur costs for trucking the dewatered biosolids to Big Lake for treatment and hauling the finished product back. Big Lake is currently in the process of expanding their treatment facility with the expansion to be completed within 18 months. Bolton Menk, the engineering working with the City on this matter, stated the City would need the dewatering process regardless of what option the City would take for biosolids processing. In this case Big Lake is going to construct the plant and the City of Monticello would pay a cost for the treatment of the Monticello's biosolids at the Big Lake facility. Brian Stumpf questioned the ten year time frame for the agreement. Clint Herbst said the ten years may vary depending on whether the City is in a period of sustained economic growth. Bret Weiss clarified that Big Lake said they could handle the City's biosolids up to ten years. After that time the City would have to build something themselves or renegotiate with Big Lake to expand their facility. Bob Paschke said approximately every two weeks dewatered biosolids would have to be trucked to the Big Lake facility for processing. Brian Stumpf is not opposed to working with Big Lake but he didn't want to see other options omitted from consideration such as purchasing additional land for spreading the biosolids. Bob Paschke stated he did some checking on the price of land and the property owner adjacent to the City's current site for applying biosolids is asking $35,000/acre. Brian Stumpf said he doesn't want to see this as a way of getting an upgrade to the WWTP through the back door. Glen Posusta asked since the YMCA abuts the property of the current site for land application of biosolids if there is any chance of utilizing any of the YMCA area for additional biosolids application. Bob Paschke said there are a number of factors that restrict the area where biosolids can be applied. Brian Stumpf said he would go along with working with Big Lake but wanted the cost of upgrading the City's plant to be researched. Susie Wojchouski felt that even the City looked at purchasing more land for land application of biosolids it should be far away from the YMCA park. Glen Posusta felt the City should look at purchasing land because that does not go down in value. It was noted that Big Lake is permitted for 50 acres for their facility but Monticello has industrial users and produces waste with a high nitrogen content and that limits how much can be applied to the 160 acres of land Council Minutes: May 11, 2009 the City currently has. Paul Saffert of Bolton Menk said it is the current nitrogen rules that limit what can be applied on the 160 acres not whether the biosolids are dried. Clint Herbst felt the City needed to get the numbers as far as costs involved. Brian Stumpf said by voting in favor of this motion it does not mean he is in favor of the agreement if an agreement comes back to the Council. GLEN POSUSTA MOVED TO AUTHORIZE STAFF TO DEVELOP THE TERMS OF AN AGREEMENT WITH THE CITY OF BIG LAKE ALLOWING MONTICELLO TO PROCESS THE CITY'S BIOSOLIDS IN DEWATERED FORM (14%-16% SOLIDS) IN THEIR PROPOSED CLASS A BIOSOLIDS DRYER. TOM PERRAULT SECONDED THE MOTION CARRIED UNANIMOUSLY. Brian Stumpf suggested amending the motion to include bringing back the cost for the equipment needed to upgrade the Monticello plant to accomplish biosolids drying. Clint Herbst suggested that based on the comments at this meeting engineers and staff should look at some of the options discussed. 8. Consideration of adopting amendment to City liquor and beer ordinances clarifying Sunday operations. Included and approved as #SH of the consent agenda. 9. Consideration of approving City membership in the Chamber of Commerce. Community Development Director, Angela Schumann presented the agenda item. In the past the State Auditor had interpreted the statutes as prohibiting the City from belonging to various organizations such as the Chamber of Commerce. This has since changed and the City is looking for Council approval for the City to become a member of the Chamber of Commerce. Staff reviewed the benefits of membership in the Chamber of Commerce. At the present time the MCC holds the primary membership in the Chamber and FiberNet Monticello is a subsidiary member which means the MCC pays a full membership fee and FiberNet Monticello pays a reduced rate. It is suggested that the City take the primary membership and have Hi-Way Liquors, DMC, MCC and FiberNet Monticello each being a subsidiary member. The rates for membership would be $375 for the primary member and $50 for each subsidiary member making a total membership of $575 for 2009. Since the MCC and FiberNet Monticello have paid their 2009 dues the remaining balance for membership as outlined would be $100. Glen Posusta asked what the Chamber of Commerce pays MCC when an event is held at the Community Center. Sandy Suchy of the Chamber office indicated the Chamber does not pay rental fees when they use the MCC facility. Clint Herbst felt a strong Chamber of Commerce makes for a stronger community. GLEN POSUSTA MOVED TO APPROVE CITY OF MONTICELLO MEMBERSHIP IN THE MONTICELLO CHAMBER OF COMMERCE FOR 2009. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6 Council Minutes: May 11, 2009 10. Consideration of adopting a policy governing accrual of hours during the week for the purpose of calculating overtime. Tracy Ergen, Human Resources Manager stated the City is looking at approving a new policy for calculating overtime. This came about as a result of staff discussing ways of cutting costs. The method of calculating overtime pay and the criteria for receiving double pay were items that stood out as possible ways to reduce costs. According to FLSA standards (Fair Labor Standards Act) the City is not required to use sick leave, vacation or holiday time in the calculation of overtime hours. In the past the City's policy has been more lenient and allowed those hours to be used towards overtime. Under the new policy if sick leave or vacation is used as part of the 40 hours any hours over 40 hours would be paid at straight time. In addition staff suggested eliminating the double time for hours worked on Sundays or designated holidays. Tracy Ergen didn't feel this would generate a huge cost savings but it would help some. In addition this is a practice that other cities are using as well. Clint Herbst felt that it made sense to do what the private sector does. Tracy Ergen noted that the policy on overtime and double time would affect hourly employees only and would not pertain to the union. Tom Perrault asked which holidays this would apply to and Tracy Ergen indicated the City has 10 '/z holidays. Brian Stumpf felt the policy should be consistent and apply to either all the holidays or to none. GLEN POSUSTA MOVED TO AUTHORIZE ADOPTING A NEW OVERTIME POLICY THAT CONSISTS OF FOLLOWING FLSA GUIDELINES STRICTLY AND NOT COUNT VACATION, SICK LEAVE, HOLIDAY OR COMP TIME TOWARDS HOURS WORKED IN THE CALCULATION OF OVERTIME. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. GLEN POSUSTA MOVED TO PAY HOURS WORKED ON THE WEEKENDS AND HOLIDAYS AT 1 1/2 TIMES IF OVER 40 HOURS IN THE WORK WEEK. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Items: Feral Cats: Brian Stumpf brought up a problem with feral cats in the Marvin Elwood Road/Prairie Road area. He has been in contact with Patty Salzwedel, the animal control officer. She is talking about the possibility of live trapping the cats. She has also contacted some of the parties involved. Brian Stumpf will keep the Council informed on this matter. Curb and Sidewalk Riverside Cemetery: Tom Perrault indicted that the sidewalk and curb is in poor shape and it appears to be spalling. Bret Weiss said the City requires a two year warranty from the contractor when they accept the work and he believes that the City had only recently accepted this project. Tom Perrault also noted problems with the sod and turf in the area where construction took place. Bret Weiss said the contractor maintains the sod for a limited period of time and then it is the property owner's responsibility to make sure it is watered. Council directed staff to look into this. Appreciation: Tom Perrault wanted to thank those who came to the National Day of Prayer on Thursday and those who participated in the March of Dimes walk. Recognition: Clint Herbst stated the City had received a certificate of commendation for the 7 Council Minutes: May 11, 2009 wastewater treatment facility. The City has received this award several times and he felt this reflected well on the quality of the staff and the operations of the facility. Clint Herbst announced that May 17-23, 2009 was Public Works Week. The Finance Department was given an award for the 2009 Distinguished Budget Preparation Award from the NGFOA of the United States and Canada. Monticello is one of 28 government entities who received the award and is the only in Wright or Sherburne County. Clint Herbst felt the City was much more accountable and that the processes have been changed. Tom Kelly explained the budget is reviewed by three people outside the State of Minnesota. Reviewers comment on how to make the budget document better so the City will always be trying to improve the document. He received this award at both Falcon Heights and White Bear Township. In about a month there will be a formal presentation of the award at the Council meeting. Junk Amnesty Day: Clint Herbst noted he had received a copy of the Junk Amnesty Day report. He wanted to thank those who contributed including Caribou Coffee, Wal-Mart, Cub Foods and Hi-Way Liquors. 11. Approve payment of bills for May. Glen Posusta questioned the bill from Mn Park and Recreation on the cost of training the MCC staff received as he thought the rate was rather high. He also questioned the $4,000 change order on the head end building. Bob Paschke informed him that covered the previously approved service drive. Tom Perrault asked how much money was being spent on the community garden. He noted the fencing, irrigation system and building that was put in place. Jeff O'Neill said he would come up with a list of costs including staff time for this project GLEN POSUSTA MOVED TO APPROVE PAYMENT OF THE BILLS. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Adiourn TOM PERRAULT MOVED TO ADJOURN AT 8:20 P.M. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary Council Agenda: May 26, 2009 SA. Consideration of approving new hires and departures for MCC, Streets, Parks and DMV. (JO) A. REFERENCE AND BACKGROUND: The Council is asked to ratify the hiring and departures of employees that have occurred recently at the MCC, Streets, Parks and DMV. 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: 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. NEW EMPLOYEES Name Title Department Hire Date Class Gwynne Douglass Deputy Registrar Clerk DMV 05/04/09 PT Jon Hirschey Seasonal Streets Worker Streets 4/27/09 Seasonal Chad Ferris Seasonal Streets Worker Streets 04/27/09 Seasonal Clarence Maanum Seasonal Parks Worker Parks 05/02/09 Seasonal Herbert Schoenborn Seasonal Parks Worker Parks 05/02/09 Seasonal Brent Stauffer Seasonal Parks Worker Parks 05/02/09 Seasonal Frank Robinson Seasonal Parks Worker Parks 05/02/09 Seasonal TERMINATING EMPLOYEES Name Reason Department Last Day Class Shay Stephens Voluntary MCC 04/13/09 PT Alex Swart Voluntary MCC 09/01/08 PT council employee list.xls: 5/13/2009 Council Agenda: S/26/09 SB. Consideration of authorizing Feasibility Report, including Signal Justification Report, for Traffic Signal System -School Boulevard & Cedar Street, City Proiect No. 2009-03C. (BW) A. REFERENCE AND BACKGROUND: On May 11 ~' the City Council directed staff to contact the City Attorney and seek clarification on the meaning of the word "constructed" as used within the development contract for Monticello Business Center 3`~ Addition, as well as whether the terms of the contract preclude the City from ever being able to assess Walmart or Ocello for the signal system if the deadline in the contract is not met. When asked if the word "constructed" as used in the contract meant that the signal system would need to be fully constructed, the City Attorney responded by saying "That could be subject to interpretation and disagreement, but at least the project would have to be under signed contract prior to the deadline for us to have any chance of sustaining the assessment. It would be advisable to dual track this to the extent possible in order to and against being left high and drv. Unless Walmart can accelerate a response and extension of the agreement, I would recommend proceeding to install the si agn 1 this year " When asked whether the terms of the contract preclude the City from ever being able to assess Walmart or Ocello for the signal system, the City Attorney responded by saying "In my opinion, no. The contract provides that if the signal is not constructed within 5 years, the provisions of the contract that waive their right to object and obligate them to pay $256,000 goes away and none of the parties have "any further obligations or rights hereunder" but the City could proceed from scratch with a Ch. 429 improvement project and try to show special benefit justifying an assessment of a portion of the cost. But that is not a very attractive alternative or option compared to apre-agreed assessment of a quarter million dollars." A copy of the City Attorneys a-mail response is attached. The City Council also directed staff to contact Walmart again to request a quicker response. In doing so, staff was informed that Walmart "would like to move forward with the signal installation if a traffic study warrants such". See attached a-mail. As previously discussed, this contract included language whereby Ocello and Walmart both agreed to pay equal assessments in the amount of $128,000 for a signal system at School Boulevard and Cedar Street, as long as the signal system was warranted. The cost of the proposed signal at the time the contract was executed was estimated at $256,000, which included indirect costs. As Council may recall, the contract states that if this signal system is not constructed by October 12, 2009, neither developer will have further obligations to pay for any part of it. And as Council may also recall, WSB already completed a preliminary signal warrant analysis and according to the analysis a signal system is warranted at this intersection. If the City Council wishes to ensure that the two developers pay for the signal system, staff needs to begin working on the Feasibility Report right away. Staff will then also need to request Council authorization to prepare plans and specifications at the next Council meeting on June 8~`. Council Agenda: S/26/09 It should be reiterated that Ocello is agreeable to extending the deadline, whereas Walmart prefers not to. It should also be noted that much of the work completed on a Feasibility Report and/or plans and specifications would be reusable if the project were to be put on hold. In addition, Council should be aware that should the signal system be installed the City could refrain from activating it until a future date. A.1 Budget Impact: The estimated cost to prepare the Feasibility Report, including Signal Justification Report, is $6,500. This cost would be recovered via payment of the assessments identified in the development agreement. The current estimated cost to design and construct this signal system is roughly $300,000 which means the City could be responsible for paying about $44,000 of the project costs. However, costs could come in lower than this but this would not be known until the project is bid. A.2 Staff Impact: Impacts to staff will be minimal. B. ALTERNATIVE ACTIONS: 1. Motion to authorize preparation of Feasibility Report, including Signal Justification Report, for a signal system at the intersection of School Boulevard and Cedar Street. 2. Motion to deny preparation of Feasibility Report, including Signal Justification Report, for a signal system at the intersection of School Boulevard and Cedar Street at this time. 3. Motion of other. C. STAFF RECOMMENDATION: Based on the discussion above, including the fact that the preliminary warrant analysis indicates that this intersection meets signal warrants, and in order to guarantee developer funding of the project, the signal system must be constructed by October 12, 2009. Staff therefore recommends Alternative Action No. 1. Staff would not recommend holding up the project pending further input from Walmart as it could take some time to get a decision which could result in our inability to meet the deadline of the agreement. D. SUPPORTING DATA: Pgs 9 & 10; Monticello Business Center 3`~ Development Agreement (10/12/04). E-mail from Joel Jamnik dated May 13, 2009. E-mail from Walmart dated May 19, 2009. obligation to pay any additional amounts to the City if the actual amounts of the costs of the Public Improvements exceed the estimated amounts. set forth herein. As to the Oceilo Land, Ocello shalt pay its share ofi the aduat costs of the Public Improvements. if the costs of the Public Improvements are less than the amounts deposited with the City by QceHo as descn'bed in Section ?9 and summarized in this Sec~iori 21, the City shah promptly reimburse to Ocel~ anyexcess, not later than 30 days after completion of the Public Improverr~nts. ff the costs of the Public Improvements are greater than the amounts deposited with the City by Ocefio as described in Section 19 and summarized in this Section 21, OceAo shall pay any additional amounts to the City not iatec Phan 30 days after completion of the Public improvements. AH spertial fees and charges shall be due and payable as and when set forth in Section 21 below, ur~ess specifipity otherwise provided. .A. 1 tt~ffic S nals~' 1, Hia, hwav 25 and School Boulevard. Each Oeveloper shalt be r+esponsibie for a portion of the costs of traffic signals for the intersection of Highway 25 and Schoo! Boulevard based on tfie Trunk Highway 25 and School Boulevard Traffic Signal Report prepared by WSB Engineers dated July 22, 2t}04 (i'abie 2} and attached hereto as Exhibit C M the following amounts: Hwy 25 & School Blvd. Sisrnal Wai-Mart Lot $23.248.52 Ocefio land $37,950.22 2: Cadar~~rgelLnd 5ch_~ Bt>uig~ Each Developer shall be responsible far a portion of the cyst of traffic s~nals for tntersedian of Cedar Street (Wai-Mart entrance} and School 8oufevard in an amount to be determined by the City based on actual public bids; said amount to be divided equa~y between the Developers in the following amounts. CedariWat-nnart Entrance ~ School Blvd Wai-Mart lot 5928,tI00.t30 Ocello Land $128,OOd.t~t? If the signal is warranted under appiic;a~e rules for determining traffic signal warrants, the City shall promptly construct the signal The Developers' shares of the costs of constructing the signal shalt not 9 exceed 8256,000.00, which shall be apportioned equally between the Wal-Mart Lot and the Oceilo Land, with each ~t being assigned an assessment of $128,000.00. The assessments shalt be payable .aver a ten year period, in ten squat principal installments, .plus iraferest at 5.5°lo per annum on the remaining prindpal balance each. year. intexest wilt begin to accrue on the principa€ balance commencing on the date of completion of construction of the improvement. The assessments shall be deemed adopted on the date this Agreement is signed by the City. The Developers, by signing this Agreement, acknowledge that all procedural ~d substantive objections to the assessment are hereby waived unconditionally, such waiver includes any rights of Owner, its successors or assigns to :hearing requfrerr~nts and any claim that the assessments exceed the benefit to the Subject Property. The Developers further waive any appeal nghts otherwise available pursuant. to Minnesota Statutes Section 429,081. Notwithstanding the foregoing, if the. traffic signal at Cedar Street and School boulevard is not constructed v+r~thin fNe years after the date of this Agreement, the provisions of this Section 19{A}(Z) shall be null and void and none of the parties shall have arty further obrgations or rights hereunder. B. School Boulevard.. 1. Median tmprovemerrts. Each Developer snail be responsible for a portion of the cast of the. median improvements to School Boulevard, as furtt-er described in the attached Exhibit D: School Boulevard Median im rovements Wal-Mart Lot $554,302.00 Ocello (..and $204,542.00 2. Other School Boulevard irnnrovements. Each Developer shat! be responsible for a portion of the costs of the other improvements to School Soutevard, said costs based upon the standard front foot estimates prepared by and cxarislstentl)r used throughofut the Gity by the Gity Engineer. Other School Boulevard Improvements Waf-Mprt Lot Sidewalks (8 foot sidewalks} t$30.771frontfoot x995.10} = $30,569.47 Street Lights {834.5tlfrant foot x 995.10} _ $34,390.66 1fl Bruce Westby From: Joel Jamnik jJJamnik@ck-law.com] Sent: Wednesday, May 13, 20091:47 PM To: Bruce Westby Subject: RE: Proposed signal system @ Cedar & School Boulevard Bruce, 1. Do the terms of Development Contract prevent the City from ever being able to assess WalMart or Ocello for the proposed signal system at Cedar & School Boulevard should the October 12, 2009 deadline not be met? In my opinion, na. The contract provides that if the signal is not constructed within 5 years, the provisions of the contract that waive there righ to object and obligate them to pay $256 thousand goes away and none of the parties have "any further obligations or rights hereunder" but the City could proceed from scratch with a Ch. 429 improvement project and try to show special benefit justifying an assessment of a portion of the cost. But that is not a very attractive alternative or option compared to apre-agreed assessment of a quarter million dollars. 2. What exactly does "constructed" mean per the last sentence of section A on page 10 of the attached DC? Does this mean the signal system needs to be fully constructed, or can it simply be let for bids and/or awarded? That could be subject to interpretation and disagreement, but at least the project would have to be under signed contract prior to the deadline for us to have any chance of sustaining the assessment. It would be advisable to dual track this to the extent possible in order to guard against being left high and dry. Unless Walmart can accelerate a response and extension of the agreement, I would recommend proceeding to install the signal this year. Joel ~~ern~~ exceed the .Refit to ~e ~u~jec~ Prdp~ty. Thy ~?~v$It~er~ ~rther wain ~err~~ a~ral~~bfe ~~rs~ent tc~ ~iinr~e~~t~ ~#et~~s ct~on ~~~.~~~. I~c~~wi~~~ndi~~ ~J ~affic e~~n ~~ +~~` greet end ~ch~ai ~~ula~ar~ ie ant n~t~t~sd ~rithin fire }mare ~: ~~reeme~ the prls~lans ~~ fhi~ ~e~~an ~9~A~~~} Bali ~e ~u~! awl v~i~ and nine t~' ~h~ end r~r ~bltgar~~ ~r r'rc~l~~ F~er~under. -----0riginal Message--- From: Bruce Westby [mailto:Bruce.Westby@ci.monticello.mn.us] Sent: Wednesday, May 13, 2009 9:12 AM To: Jcel Jamnik Subject: Proposed signal system @ Cedar & School Boulevard Joel: On Monday evening the City Council directed staff to ask you to review the attached Development Contract for Monticello Business Center 3`d Addition, specifically section 19.A.2 on pages 9 and 10, and provide answers to the following questions: 3. Do the terms of Development Contract prevent the City from ever being able to assess WalMart or Ocello for the proposed signal system at Cedar & School Boulevard should the October 12, 2009 deadline not be met? 4. What exactly does "constructed" mean per the last sentence of section A on page 10 of the attached DC? Does this mean the signal system needs to be fully constructed, or can it simply be let for bids and/or awarded? I have also attached a copy of the Council agenda item in case you don't have it. In summary, the Council wants to hold off on constructing the signal as they feel it is not needed at this time and they thought the developers may want to curtail any unnecessary expenses during this poor economic climate. Ocello has indicated they would be willing to extend the terms of the contract for constructing this signal system for a period of up to 10 years however, we are still awaiting word from Walmart's corporate office regarding their willingness to extend the terms of the contract. According to the person I spoke to at Walmart we need to allow 30-days for a verbal response and 60-days for a written response from their corporate folks. Trouble is this puts us well into July which would not allow enough time to develop plans and specs, bid the project and then construct it before October 12u'. Council asked us to bring this back to them after you've had a chance to review the contract language. Due to time constraints I would like to bring this back to Council on May 26`h so can you please provide your comments before next Wednesday? If not, let me know. Thanks, Bruce Bruce Westby, P.E. Monticello City Engineer 505 Walnut Street, Suite 1 Monticello, MN 55362 Bruce Westby From: Alicia Blagg [A[icia.Blagg@wal-mart.com] Sent: Tuesday, May 19, 2009 1:20 PM To: Bruce Westby Subject: store 3624 City of Monticello signal system assessment extension Bruce WM would like to move forward with the signal installation if a traffic study warrants such. Thanks Alicia Blagg, Realty Manager Wal-Mart Realty Management Phone 479-204-2311 Fax 479-204-0096 ali ci a.blagg(a,wal-mart. com Wai-Mart Stores, Inc. 2001 S.E. 10th Street Bentonville, AR 72716-0550 From: Brute Westby [mai[to:Bruce.Westby@ci.montice(lo.mn.us] Sent: Tuesday, May 14, 2009 1:02 PM To: Alicia Blagg Subject: RE: City of Monticello signal system assessment extension Alicia: Have you received any responses yet on our request? Our City Council may want to move ahead with this project if we have no indication that Walmart may be receptive to our request. Any information you can provide at this time would be helpful. Please respond to this a-mail so that we know you received this a-mail, as well as our initial request with development agreement attached (see below). Thank you, Bruce From: Bruce Westby Sent: Thursday, May 07, 2009 4:43 PM To: Alicia Blagg (alicia.blagg@wal-mart.com} Subject: City of Monticello signal system assessment extension Importance: High Alicia: Per your request during our recent phone conversation, please find attached a copy of the Development Contract far Monticello Business Center 3rd Addition in Monticello, Minnesota. Per this contract, Walmart is obligated to pay an assessment in the amount of $128,000 for a signal system at the intersection of School Boulevard and Cedar Street, as long as the signal is warranted and constructed by October 12, 2009 (see bottom of page 9}. To see if the signal system was warranted yet the City recently completed a preliminary signal warrant analysis and found that a signal is indeed warranted at this intersection. However, in an effort to reduce costs for the developers during the bad economy, our City Council thought that it might make sense to hold off on constructing the signal system until the economy gets better. This idea was run by the other developer who was a party to the aforementioned contract {Ocello}and they are agreeable to extending the terms of the contract up to 10 years in regards to constructing this signal system. The City Council then instructed staff to check with Walmart to see if they too would prefer to extend the deadline far contributing costs to this signal system for a period of time (up to 10 years?}. Based on our phone conversation, it is my understanding that you need to run this question through your corporate office and therefore a verbal response will most likely not be available for 30 days, with a written response most likely not being ready for 60 days. As such, the City of Monticello will likely continue moving this project ahead while we await a response from Walmart. If Walmart responds favorably to extending the deadline for the signal installation the project can be put on hold once the contract extension is executed. Conversely, if Walmart is not willing to extend the terms of the contract the City will likely move ahead with constructing the project before the October 12, 2009 deadline. We look forward to receiving a response from Walmart. In your response please let us know if Walmart is willing to extend the terms associated with the installation of this signa! system ,and if sa by how many years. In the meantime, please let me know if you have any questions. Thanks, Bruce .?~ruce ?lleett~ .% ~ Monticello City Engineer 505 Walnut Street, Suite 1 Monticello, MN 55362 bru ce.westbvCu~ci. monticella.m n.us Ph: 763-271-3236 Fax: 763-295-4404 Council Agenda: S/26/09 5C. Consideration of authorizing Feasibility Report for Marvin Road Improvements, City Proiect No. 2009-04C. (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, City staff is requesting Council authorization to prepare a Feasibility Report exploring improvement options for Marvin Road between Chelsea Road and TH 25. This road is currently a minimum maintenance gravel road which is maintained by the Street Department on an as-needed basis. Typically this requires extensive re-grading each spring as 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 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. 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 are 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. Several potential improvements options have been discussed to date including: a. Leaving the gravel surface in place and constructing drainage improvements as needed; b. Improving the road to a bituminous 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. It should be noted that the City owns a developable 4.1 acre parcel of land west of Marvin Road (see attached figure), and that the only City-controlled access to Marvin Road is off of Chelsea Road. On that property the City also has utilities that access must be provided to. 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 in the area adjacent to the Pawn Shop, 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 support traffic. This could include improvements to the roadway or development of a parking area. Council Agenda: S/26/09 However, as previously mentioned this would still require that some type of drainage improvement project to be completed in the interim. A.1 Budget Impact: No direct budget impacts are anticipated since City staff will complete the Feasibility Report in-house. Potential funding sources for any proposed improvements will be addressed within the Feasibility Report. A.2 Staff Workload: If authorized, the Feasibility Report will be prepared by City staff and it is estimated that it will take approximately 24 hours of staff time to complete. B. ALTERNATIVE ACTIONS: 1. Motion to authorize preparation of a Feasibility Report to complete improvements on Marvin Road in 2009. 2. Motion to deny preparation of a Feasibility Report to complete improvements on Marvin Road in 2009. C. STAFF RECOMMENDATION: City staff recommends approving Alternative Action No. 1. D. SUPPORTING DATA: Project Area Map Planning Commission special meeting agenda item (6/24/02) Planning Commission special meeting minutes (6/24/02) City Council agenda item (6/24/02) City Council minutes (6/24/02) Order #02-020 granting CUP to Gould Brothers and Jay Morrell (10/29/02) 2. Consideration of a Conditional Use Permit and an amendment to a Planned Unit DeveloQment to allow an auto body repair facility in the B-3 district. Applicant:Gould Brothers and Jay Morrell (JG) A. REFERENCE AND BACKGROUND: Gould Brothers is requesting an amendment to a previously approved Planned Unit Development and a conditional use permit to operate an auto body repair facility on portions of two parcels currently owned by Jay Morrell. The properties are at 1205 and 1219 Highway 25 South, the former AutoMaxx building and the Glass Hut property. The applicant intends to retrofit the AutoMa~c building, which includes Professional Approach Hair Salon, for service and repair, maintaining the customer parking spaces to the east and south of the building, which overlap onto the northerly portion of the Glass Hut property. This is basically a switch in use on a previously approved PUD from Auto Sales and display to auto repair. As noted, the proposed use requires a Conditional Use Permit in this district. ~'~he Zoning Ordinance lists 18 special requirements for the issuance of this "CUP.,;:` A copy of that section of the Ordinance is attached to this report as Exhibit D. Most of the requirements relate to routine standards applied to commercial uses, including paving and curbing of all parking areas, lighting standards, landscaping and screening, drainage, dust, and noise control. Being as this is a reuse of an existing structure, many of these conditions are not applicable. The following are issues that need to be discussed; Landscaping: As a condition of the previous Planned Unit Development and Conditional Use Permit allowing AutoMaxx to be located in the building, a landscape plan was presented and approved, however it has not been followed to fruition. The City has a requirement on commercial sites that one tree per 50 lineal feet of site perimeter be planted on the property. The PUD site contains just over 1,250 lineal feet, resulting in a requirement for 25 trees. As a condition of approval and prior to any building permit approval the applicant should meet these requirements, either through another landscape plan or the previously approved landscape plan. This may be accomplished through a landscape bond or the City could withhold issuance of a building permit enabling autobody work until the landscaping is completed.. Outside Storage and Screening: The applicant was asked to show any outside storage and screening on the site plan presented with the application. The site plan does not show outdoor storage or screening displays, so it is staffs understanding that there will not be a need and a condition of the CUP will be listed as such. ' Parking: The applicants site plan shows that they will utilize the 14 existing parking spaces on the south and east walls of the building for customer parking. This should be sufficient for the uses in this building, however it should be a condition of the PUD amendment, as it was in the original PUD approval, that the applicant provide additional parking spaces in the event that the proposed fourteen spaces do not prove to be enough. The applicant should also re-stripe these parking stalls. Curbing: The curb along Marvin Road was not required via the previous CUP. According to the previously approved PUD, the applicant was allowed flexibility to defer curbing in this area, pending a City decision on the status of the right-of--way. Both full street construction and vacation have been discussed. Given this potential change, it was and should be noted again that the applicant is allowed to defer this improvement until the Marvin Road status is resolved. B. ALTERNATIVE ACTIONS Decision l: Conditional Use Permit Motion to recommend approval of the CUP for Auto Body Repair, subject to the conditions in Exhibit Z, based on a finding that the use is appropriate for the zoning district and the proposed site. 2. Motion to recommend denial of the CUP, based on a finding that the use cannot be contained on the existing parcel of record. 3. Motion to table action on the CUP, subject to additional information. Decision 2: Amendment to the Planned Unit Development Motion to recommend approval of the amendment, based on the finding that the use is similar to that of the previously approved PUD and a finding that this use is consistent with the comprehensive plan. 2. Motion to recommend denial of the PUD amendment, based on a finding that there is no showing that the development will further the City's planning objectives or result in a higher standard of development. Motion to recommend tabling of the amendment to the PUD, subject to additional information. C. STAFF RECOMMENDATION Staff recommends approval of the CUP and PUD amendment, only on the conditions listed in Exhibit Z. If the modifications to the plan are made, the plan will comply with the general intent of the Conditional Use Provisions of the B-3 District. D. SUPPORTING DATA Exhibit A -Site Location Exhibit B -Site Plan Exhibit C -Landscape Plan Exhibit D -Zoning Ordinance Conditions Applicable to this Land Use Exhibit Z -Conditions of Approval PUD amendment/CUP Conditions of Approval -Gould Brothers auto repair 1. Landscaping of the parcel per site plan prior to issuance of a building permit or via a landscape bond. C/' 2. Paving and curbing atang .the. Marvin Road frontage within twelve months of a resolution of the status of Marvin Road by the City Council. 3. There will be no outside storage of vehicles or parts. If outside storage should occur the applicant will immediately be subject to a revocation hearing in front of the city council. 4. 14 Customer parking spaces should be re-striped. In the event these 14 spaces are proven not to be sufficient, the applicant shall provide additional parking spaces. 5. No outdoor sales/display. 6. Recommendations of other City Staff including the City Engineer. MINUTES SPECIAL MEETING - MONTICELLO PLANNING COMMISSION Monday -June 24, 2002 6:00 P.M. Members Present: Dick Frie, Robbie Smith, Richard Carlson, Rod Dra~rsten, Roy Popilek and Lloyd Hilgart Absent: Council Liaison Clint Herbst Staff: Fred Patch, Jeff O"Neill and John Glomski Call to order. Chair Frie called the meeting to order at 6:0~ p.m. and declared a quorum. 2. Consideration of a Conditional Use Permit and an amendment to a Planned Unit DeveloUment to allow an auto bodv repair facility in the B-3 district. Applicant:Gould Brothers and Jay Morrell (JG) John Glomski advised of Gould Brothers request for an amendment to a previously approved PUD and a conditional use permit to operate an auto body repair facility on portions of two parcels currently owned by Jay Morrell. The properties are at 120 and 1219 Highway 2~ South, the former AutoMaxx building and the Glass Hut property. Glomski clarified that the Zoning Ordinance lists IO ~s~~cal requit~ements for the issuance of this CUP, rather than 18 as stated in the staff report. Most of the requirements relate to routine standards applied to commercial uses, including paving and curbing of all parking areas, lighting standards; landscaping and screening, drainage, dust. and noise control. Glomski advised that since this is a reuse of an existing structure, many of these conditions are not applicable, but he did advise them of issues that need to be discussed such as landscaping. outside storage and screening, parking and curbing. It was noted that Public Works Director John Simola had some concerns with parking on the City's ROW due to snowplowing and asked that this be discussed with the applicant_ He stated that the Planning Commission could determine whether the applicant should add curbing to distinguish parking. There was further discussion regarding the landscaping and it was advised that the previous tenant had not put in the landscaping that was required at the time of the initial CUP. John Michaelis, Gould Brothers Chevrolet, had concerns about the landscaping requests also and stated that they would only be leasing the former Automax building. He questioned why there would be landscaping required around the entire property. Jeff O~~'eill stated that initially this requirement was included due to both sites being used as common ownership. Frie asked if Michaelis was comfortable with the requirement for 2~ Special Plam~ii~ Commission Minutes - 06/24/02 trees and he stated that in previous discussions with lay Morrell, owner of the property, it would be at Michaelis' expense and he is concerned with that. Michaelis asked how the current business in the Glass Hut building was able to go in there without any of the required landscaping. and Fred Patch, Building Official, stated the business was a permitted use on this site and did not need to come before the Plam~ing Commission. Glomski explained that the landscaping should have been done by the previous owner and understands Michaelis' concern. Patch advised that the PUD remains active and this would be an amendment, therefofe the landscaping requirements are still required. It was stated that .Tay Morrell is responsible for the landscaping as he is the property owner, but it is to his discretion whether he requil°es the tenant to provide or the owner provides. Chair Frie opened the public hearing, and hearing no response. the public hearing was closed. The Planning Commission discussed previous issues regarding the Professional Approach Salon and Automax in regard to parking. Duff Davidson, Gould Brothers. stated the parking will be for 8 employees and short term customer parking only. Frie added that Professional Approach Salon has their parking clearly marked. Smith stated that he was not comfortable in asking the applicant to comply with landscaping requirements as this was the property owners responsibility. It was clarified that the business would not include retail and that they would maintain a small customer waiting area, but this is strictly auto body repair. The applicant stated that traffic would be entering from the east side of the building where customers would leave their vehicles. Employees would be moving the vehicles inside. Roy Popilek asked about the City's concern with parl~~ing on the ROW and if it is the City who plows. Glomski stated it's a bituminous. minimum maintenance road that he assumed the City plows. O'Neill stated it should not be a problem for the applicant to not park in the ROW and Davidson concurred. It was advised that ,1ohn Simola~s concern was that the parking lot is an encroachment into the ROW, and the possibility that the applicant would be putting some curbing in, or if they requested asphalt/paving. as this may extend into Marvin Road. Davidson advised that there would only be approximately I ~ cars, including employees, parked on their site at one time. Michaelis added that if they needed additional parking in the future. there is sufficient parkin~~ space to the south which would not affect the Salon's parking. Frie asked Michaelis if he was aware of condition number 2 regarding paving and curbing, and that it can be deferred until Marvin Road is improved. He also asked O'Neill if the applicant could escrow for this. O`Neill stated there is no way to tell when the improvements will be done and that it was not feasible to escrow. Frie asked what the length of the Lease would be and Michaelis stated that has not yet been resolved. Frie also stated he did not agree with landscaping being required by the applicant. Patch stated -~- Special Planning Commission Minutes - 06/?4/02 perhaps it could be a condition of the building permit instead. but Michaelis felt this would still be required of them by the owner. O'Neiil added that the City previously added additional square footage to the site which is a good asset to the this site, and therefore they should not be afraid of askinU the owner for the required landscaping. Frie also asked if 2~ trees would be sufficient and Draasten stated that he would not think they would want tree plantin~~s on the Marvin Road side. O'NeiIl agreed, statinU that in 2 to ~ years this site could be changed con--pletely and they would have to then remove the trees. Frie felt that the Hwy 25 side of the site needs to be landscaped and suggested leaving the 9 plantings in the back where they are. He also stated that in the motion they could request a tree every 50 linear feet on the east side. O`Neill stated that it may not make sense to put in all 26 trees in that one area, but that every ~0 linear feet is quite sparse. It was advised that on the new E. 7`'' Street the trees are planted one every 40 linear feet and the Planning Commission stated they comfortable with that. Frie stated this should be added to the list of conditions. Patch added some concerns regarding building codes and fire codes. Public Works also may require a sampling manhole for the sanitary sewer collection and he stated that he does not know if there is one already in place. Davidson stated that they would not be dealing with fluids or oils, and that any work like that would be done at their other site. Patch stated a waste trap also needs to be in place and was not sure if there is currently one there or not. Must also have an "L" booth, and sprinklers for fire suppression are also required. Patch added that a licensed architect needs to provide the design for the building and also talked about paint storage, combustible materials, etc. There was no further discussion. A MOTION WAS MADE BY ROY POPILEK TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR AUTO BODY REPAIR. SUBJECT TO THE CONDITIONS LISTED IN EXHIBIT Z WITH THE ADDITION TO ITEM 1 STATING REQUIREMENT OF ONE TREE EVERY 40 LINEAR FEET ON TH 2~; ;ADDITION OF ITEM 7 STATING NO PARKING ALLOWED IN CITY ROW OF MARVIN ROAD; ADDITION OF ITEM 8 STATING THAT THE USE CONFORM WITH ALL BUILDING PLAN STANDARDS AND PUBLIC WORKS STANDARDS FOR UTILITY DESIGN, AND ELIMINATING ITEM 2 REQUIRING CURB TO BE PLACED ON MARVIN ROAD WITHIN 24 MONTHS. THE "NO CURB" REQUIREMENT„~S FOR AI`I IND'El~INITE PERIOD OF TIME; BASED ON A FINDING THAT THE USE IS APPROPRIATE FOR THE ZONING DISTRICT AND THE PROPOSED SITE. RICHARD CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Decision 2: Amendment to the Planned Unit Development A MOTION WAS MADE BY ROD DRAGSTEN TO RECOMMEND APPROVAL OF THE AMENDMENT, BASED ON THE FINDING THAT THE USE IS SIMILAR TO -3- Special Planning Commission Minutes - 06%24/0? THAT OF THE PREVIOUSLY APPROVED PLANr?~1ED UNIT DEVELOPMENT AND THAT THIS USE IS CONSISTENT WITH THE COMPREHENSIVE PLAN. RICHARD CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Adiourn A MOTION Vv'AS MADE BY ROBBIE SMITH TO AD.TOURN THE MEETING AT 6:~~ P.M. ROD DR4GSTEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recorder There was further discussion by Chair Frie regarding this item being placed on the City Council's consent agenda directly following this special meeting. Frie felt that special meeting agenda items being heard just prior to City Council meetings should not be placed on the consent agenda in the firture. -4- City Council Agenda - 06/24/0? ~G. Consideration of a Conditional Use Permit and an amendment to a Planned Unit Devetonment to allow an auto body repair facility in the B-3 district Applicant Gould Brothers and Jay Morrell (JG) A. RCFERENCE AND BACKGROUND• .,This item is being t•evie~~~ed by the Planning Commission at a special meeting immediately prior to the Cit}~ Council Meeting. It appears to be anon-controversial request, thel-efore the item is being placed on the consent agenda. Staff presumes that the Planning Commission will forward a positi~~e recommendation. In the e~~ent the Planning Commission recommendation differs from the "consent" recommendation, staff will request that the item be pulled from the consent agenda. Gould Brothers is requesting an amendment to a previously approved Planned L'nit Development and a conditional use permit to operate an auto body repair facility on portions of two parcels currently owned by .lay Morrell. The properties are at l 205 and 12l 9 Highway 25 South, the former AutoMaxx building and the Glass Hut property. The applicant intends to retrofit the AutoMaxx building, which includes Professional Approach Hair Salon, for service and repair, maintaining the customer parking spaces to the east and south of the buildin;~, which overlap onto the northerly portion of the Glass Hut property. This is basically a s~~ritch in use on a previously approved PUD from Auto Sales and display to auto repair. As noted. the proposed use requires a Conditional Use Permit in this district. The Zoning Ordinance lists ] 8 special requirements for the issuance of this CUP. A copy of that section of the Ordinance is attached to this report as Exhibit D. Most of the requirements relate to routine standards applied to commercial uses, including paving and curbing of all parkin` areas.. lighting standards. landscaping and screening, drainage.. dust, and noise control. Beim as this is a reuse of an existing structure. many of these conditions are not applicable. The following are issues that need to be discussed; Landscaping: As a condition of the previous Planned Unit Development and Conditional Use Permit allowing AutoMaxx to be located in the building. a landscape plan ~~-as laresented and approved. ho~~~e~=er it has not been follo«~ed to fruition. The City has a requirellient on commercial sites that one tree per 50 Iirmal feet of site perimeter be planted on the property. The PUD site contains just over 1.250 lineal feet. resulting in a requirement for 25 trees. As a condition of approval and prior to any buildin~~ permit approval the applicant should meet these requirements, either through another landscape plan or the previously approved landscape plan. This may be accomplished through a landscape City Council Agenda - 06/24/02 bond or the City could withhold issuance of a building permit enabling autobody work until the landscaping is completed.. Outside Storage and Screening: The applicant .vas asked to show any outside storage and screeniny~ on the site plan presented with the application. The site plan does not show outdoor stora~~e or screening displays, so it is staffs understanding that there ~~~ill not be a need and a condition of the CUP ~~~ill be listed as such. Parkin;: The applicants site plan shows that they will utilize the 14 existing parkin~~ spaces on the south and east walls of the building for customer parking. This should be sufficient for the uses in this building, ho~~~ever it should be a condition of the PLD amendment. as it was in the ori~~inal PLD approval, that the applicant provide additional parkiny~ spaces in the event that the proposed fourteen spaces do not prove to be enough. The applicant should also re-stripe these parking stalls. Curbing: Tl~e curb along Marvin Road was not required via the previous CUP. Accordin~~ to the previously approved PUD, the applicant was allowed flexibility to defer curbing in this area.'pendin~~ a City decision on the status of the right-of way. Both Rill street construction and vacation have been discussed. Given this potential change. it was and should be noted a~Tain that the applicant is ailovred to defer this improvement until the Mai•v'-n Road status is resolved. B. ALTERNATIVE ACTIONS Decision 1: Conditional Use Permit Motion to recommend approval of the CUP for Auto Body Repair. subject to the conditions in Exhibit Z• based on a binding that the use is appropriate for the zoning district and the proposed site. Motion to recommend denial of the CLIP. based on a lindin<~ that the use cannot be contained on the exisiin~~ parcel of record. 1\~iotion to table action on the CUP. subject to additional information. Decision 2: Amendment to the Planned unit Development Motion to recommend approval of the amendment_ based on the fndin~~ that the City Council A~~enda - 06/?4/02 use is similar to that of the previously approved PUD and a findin~~ that this use is consistent with the comprehensive plan. ?. Motion to recommend denial of the PUD amendment. based on a finding that there is no showing that the development will further the City~s planning objectives or result in a hi~~her standard of development. Motion to recommend tabling of the amendment to the PUD, subject to additional information. C. STAFF I2CCOMMENDATION Staff recommends approval of the CUP and PUD amendment, only on the conditions listed in Exhibit Z. If the modifications to the plan are made, the plan will comply ~~~ith the general intent of the Conditional Use Provisions of the B-3 District. D. SUPPORTING DATA Exhibit A -Site Location Exhibit B -Site Plan Exhibit C -Landscape Plan Exhibit D - Zonin~~ Ordinance Conditions Applicable to this Land Use Exhibit Z -Conditions of Approval b~ ~ f~ ~$ y~~ ' N d , F- o 2 s ....---- o ~~ ~ ~ ~ ~~ j ~GJ ~ ~ 'Z~ ,yc., ~ ~ ~ ~a th ST 4~ C~ r S ~ ~ ~ ~~ ~ ~ Hr~Nwq r ~ sr~~~'t ` --. , ~ ~~o 9 4 7 t\ oo _ , , l r N ~ x ~~ ~ S lT~~ -t r Lo~rt'caN }- F-- _ E ~ r , ~ 25 „ ~~ r r ......, aµ51`CAb~~ ~ ~ORIV~~ 'r a _~ 4 s t ~ i „~ ~~ ~3 v i 'e a t ~~ { < 1 ...-, , , 1 Z 4 5 S `~ 1 S ~ f t..J ~-- V L ~ o jl t m ~a i p -S ~t l .~ 1 ~~ t t ~ *-- 1 O 1 ~ t ""' t 1 1 l 88 3b f ~ ~~ ~ ~., Z ~' 3 ~ ,~ - ~ ~~ ~ / _ ~ ~ ~ /~~ / 1` ~~ ~V // B ~ 1 ~{ ~Q {] r <Ri ;' ~ ~~ ~ /~ b` ~ ~v 8 ~~- ~ ~ A~ /~ F. r r i -SI'i E _DA~A fIID~,YQlTK TZS'Pf~i1Zi fMl~ AiPSFZ = 10Q.P(6 Z S~ J1~~L IL~~21(i(T O' 1f U' i.1'~S ~,fST 16II AY3FL TIR~Z ~R RStM ~ fM!=~f, 1~ .~ ~F: T. L S AQ ArB ra '. ~` ~~ ~~ e Mawr 1 ` I ~ 1 ` ~ ~ 1 1 ' ` ~ ~ ,~ &DG. AS STAKED ~~ \ S~• I ~ _ ` 1 ~- ~ ~ -`-~ f 2, s r r. ca£r>r Aa£a As a£aufa£n 19,~ _ 1 - ~ ~ 9,9 8s y _ ' !9. 6 1 1 5 ~ I B ExrS likC fh 1U~V1/vOtlS - _ ~ t ~ ~ S 1 ~, 1 N _ i '-'` ~~ Y'J 3 ~, 1 m a 1 2 ~ c ~J 1 ~ ~~ FORMER ROYAL T !RE BLDG. -o 1 <_ ~ PROPOSED AfJT~MAXX Z ~ 1 ~ t-- U Q 1 3~--J ~ nmru t ~` ?3 69 to I , _ - - I\. "~ i 4. __ .. IN __ i 1 32 CONCR£TE `~ Ex/SANG CONCRETE I'AD ~~ t .. w ~` }-- 1 - ~-; a, ~ o , ~ ~. ~~ NEtI Bt RILUDVOUS I J J ~'~ ~ ~ CAR ~ARKfNC FOR AUT04AXX ~ ~ ~~ / i l ~ ~t~ O ~ ~' 1 ~ ~ ~ ~ / ~~~ ~ ,` 1 b e ~~ GcaT ~ yvT Bco ~~ `L `_ l t ~1 c ` n~ 1 C G~~ 1 \CgJrNG l t - \\~ac~ 29 a 1 1 ~x .rr~tII ~ , 4p ~ ~` 1 ~, `~ 1 i ~ 1 '"'' 33 S) 1 ~~ / . 's I 11 ~~~ 9. The development shall conform to minimum parking and landscaping requirements of the zoning ordinance. 1 10. No conditional use permit shall be granted for an auto body shop withi 600 feet of a residential or PZM zone existing at the time the conditional` use permit is granted. (#175, 4/24/89) [Q] Restaurants, cafes, tea rooms, taverns, and off-sale liquor located within 300 ft of a residential zone provided that: 1. Primary access must not be through residential street(s). (#258, 9/26/94) [R] Governmental and public utility buildings and structures necessary for the health, safety, and general welfare of the community provided that: 1. Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met. 2. Adequate screening from neighboring uses and landscaping is provided in accordance with Chapter 3, Section 2, of this ordinance. 3. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. (#300, 12/8/; 13-5: INTERIM USES: The following are interim uses in a "B-3" district (requires an interim use permit based upon procedures set. forth in and regulated by Chapter 22 of this ordinance). [A] Trucking and Trucking Service provided that: 1. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing, conforming buildings or areas as to cause impairment in property values or constitute a blighting influence within the district in which the proposed use is located. 2. Parking areas shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2, of this ordinance. 3. The entire site, other than that taken up by a building, structure, or plantings, shall be surfaced with a material to control dust and drainage, which is subject to the approval of the City Engineer. 4. The site shall meet minimum lot dimension requirements of the District. ~. No outside storage except as allowed in compliance with Chapter 13, Section 4[E], of this ordinance. iv~wV VRUIIVHIV IrC ~~~~ ~x~a~ I~~~~- J 2. An outdoor recreational facility shall be appropriately separated from the parking lot and driving areas by a wood fence not less than 4 feet in height or Council approved substitute, and shall be located continuous to the day- care facility, and shall not be located in any yard abutting a major thoroughfare, and shall not have an impervious surface for more than one- half ofthe playground area, and shall extend at least 60 feet from the wall of the building or to an adjacent property line, whichever is less, or shall be bound on not more than two sides by parking and driving areas. A minimum size of the outside recreational facility shall be 2,000 sq. ft., or in the alternative 75 sq. ft. per child at licensed capacity, whichever is the greater figure. 3. The regulations and conditions of the Minnesota Department of Human Services and Department of Health, Public Welfare Manual I 1-31-30 as adopted, amended, and/or changed, are satisfactorily met. 4. A written indication of preliminary, pending, or final license approval from the regulatory agencies is supplied to the City of Monticello. (#152, 9/22/86) [P] Auto body shop repair provided that: 1. Door opening to service area garage must not face street frontage. 2. Vehicle storage area limited to 50% of floor space of the structure housing the auto body shop. 3. All vehicles being serviced and all vehicle parts must be stored inside or in vehicle storage area. 4. Vehicle storage area shall be enclosed by enclosure intended to screen the view of vehicles in storage from the outside. Enclosure shall consist of a six-foot high, 100% opaque fence designed to blend with the auto body shop structure and consisting of materials treated to resist discoloration. 5. The floor of the vehicle storage area shall consist of asphalt or concrete paving. 6. No work on vehicles or vehicle parts shall be conducted outside the confines of the auto body shop. 7. The advertising wall facing the public right-of--way shall consist of no more than 50% metal material. 8. The secondary or non-advertising wall facing a public right-of--way shall utilize a combination of colors or materials that serve to break up the monotony of a single color flat surface. ~~~• ~ ~~-~~~.~ wrvnvv vrcufiv~-~,N~t 13/10 City Council Agenda - 06/24i0? PUD amendment/CUP Conditions of Approval -Gould Brothers auto repair 1. Landscaping of the parcel per site plan prior to issuance of a building permit or via a landscape bond. 2. Paving and curbing along the Marvin Road frontage within twelve months of a resolution of the status of Marvin Road by the City Council. 3. There will be no outside storage of vehicles or parts. If outside stora;~e should occur the applicant will immediately be subject to a revocation hearing in front of the city council. 4. 14 Customer parking spaces should be re-striped. In the event these 14 spaces are proven not to be sufficient. the applicant shall provide additional parking spaces. ~. No outdoor sales/display. 6. Recommendations of other City Staff; including the City Engineer. =t rain , ~ 4 , to Sao a _ ~3 Council Minutes - 6/24/02 C. WITHDRAWN FROM T[iE AGENDA. n. Consideration to review Greater Monticello I~nterprise Fund (GMEF) Loan No.021 for compliance with the EDA-GMEF Business Subsidy Criteria. Applicant: Tapper's (nc. Recommendation: Approve a motion stating that the City Council has determined the EDA approval of GMEF Loan No. 021 for Tapper's Inc. was approved without violation of the I.DA-GMEF Business Subsidy Criteria, therefore, Council supports the decision by the EDA for loan approval. E. Consideration to adopt a resolution calling for a public hearing on the proposed adoption of the modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. 1 and the proposed establishment of TIF District No. 1-; l therein and the adoption ot• the TIF Plan therefor. Recommendation: Move to adopt a resolution calling for a public hearing on the proposed adoption of the modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. 1 and the proposed establishment of TIF District No- 1-31 therein and the adoption of the TIF Plan therefor. F~ Consideration of final plat approval of the Riverwalk Subdivision. Recommendation: Move to approve final plat of the Riverwalk Subdivision. G. Consideration of a conditional use permit and an amendment to a planned unit development to allow an auto body repair facility in the B-3 District. Applicant: Gould Brothers and .lay Morrell. Recommendation: 1) Move to approve the conditional use permit for auto body repair in the B-; District subject to the conditions noted below and based on a findin~T that the use is appropriate for the zoning district and the proposed site; 2) Move to approve the amendment to the planned unit development based on the findin~~ that the use is similar to that of the previously approved PUD and a finding that this use is consistent with the comprehensive plan. I Landscaping of the parcel per site plan prior to issuance of•a buifdin~, - landscape bond. pernut or via a ?~ I'avins and curhin~~ along, the Marvin Road fronta~_e ~~~ithin 12 months ofa resolution of the status of Marvin Road by the City Council. ?. There will be no outside storage of vehicles or parts. If outside stora~~e should occur the applicant ~a~ill immediately he subject to a revocation hearing in front of the City Council. 14 customer parking spaces should be re-striped. In the event these 14 spaces are proven not to he sufficient. the applicant shall provide additional parking spaces. No outdoor sales/display. f~- Recommendations of other City Staff including. the City Ensineer Council Minutes - 6/24/02 EI. C'onsideration of accepting plans and speci[ications and authorizing advertisement for bid, for street and utility work on Front Strcct, project No. 2001-06C. Recommendation: Approve the plans and spcciFcations as presented and authorise advertisement for bids. Consideration of approving Change Urder Na. 5 to the Liquor Store Expansion project. Iteeommen~tatian: Approve C hinge Order No. 5 to the Liquor Store Expansion Project in the amount of $1,()26.00 making a revised contract amount of $478,261.00. Consideration to approve authorization to enter info a Contract For Private Development among the HRH. the C:'ity and Centro! Minnesota [ lousing Partnership. Recamrnendation: Move to approve authorization to enter into the Contract for Private 1)cvclopment among the HRA, the City, and the CMHP. K. Consideration to adopt a resolution approving the terms of $125,000 loan in connection with '1'11-' District No. I -30. Rccammendatiun: Adopt the resolution approving the terms of $125,000 loan in connection with 'I'IF' District No. 1-3(}. On item SH it was noted that approval would be contingent upon staff review of plans. Item SG was the topic of a special Planning C_'ommission meeting held at 6 p.m. on June 24. 2OU2..)eff O`Neill noted that the IiJllowino three conditions were added by the Planning Commission, t) Requirement v(' ,- na parking on City ri~:ht ol'way of Marvin Road; 2) project is suhjeet to building plan standards and public works standards lc~r utility design; ~) Eliminate requirement of carp being placed on Marvin Road within 24 months. The "no curb" requirement is for an indefinite period of time. '1'hcre was also %~ a modification of the landscape plan to require trees every 40 lineal feet nn '1'ti 25. The applicant was ~: , comfortable with these added conditions. public Works Director, John Simola Hated that the plan showed vehicle parking 5' back tram Marvin Road. .le[I~U'Neill indicated that the area would be striped and since there was ample property area the applicant would have no need to go in the Marvin Road right of way area ti>r parking of vehicles. ~\ BRInN STUMPF MUVI-:U '~rU nPPRUV[; "rH)r CONSFN"I' Ac;ENDA wr["I t ["['EM SC f3b:INCi WITHDRnWN, W["1'li 'I"[{E nDDI'1'1ONS NOTED 13Y 1~1-[E PLANN1NCi C'UMMISS(UN FUR ITC:M SCi, Wl~l'H ITEM 511 C'C)NTINGCN'I" t1f'ON STAI~1~ REVIEW Uf PLnNS AND SPI-:C~1F'[CnT[UNS AND WITH TH[. ADDITION OF fflM 5L. CC)NSIDER~TIUN UI~ A Rt-:SC)[,tITtUN CA1,l.1NCi FUR A pt.}k3LIC HI/AR[NG DnTC FUR THE MUI)I1~(CA"[ION TO THE RGDI:VFLOPMEN'I' pI.AN FUR CI:N"I'RAL MUN'l'1C'I:I.LU lZF.UEVELOPMEN"C pRUJI-:C'T NU. 1 nNi)'l'1IF; ['RUPUSI;D F.STnBLISf 1MF.NT OF TIf~ D[S1'RIC'~I~ NU. 1-32 THERC[N ANI) ~l'HE nDUP~('I(7N OF THC'I'tl-' pLnN THI:Rf~.l-'Olt. I3Rt1C't-:1'(-[IELEN SI;CC)NDI-;l) "1'l IE MU1'IUN. MOTIUN C'ARftIED UNANIMUIISLY. 6. Consideration of items removed from the consent agenda far discussion None. STATE OF MINNESOTA COUNTY OF WRIGHT MONTICELLO CITY COUNCIL CONDITIONAL USE PROCEEDINGS APPLICANT: Gould Brothers Chevrolet Co., LLP and Jay Morrell ORDER # 02-020 GRANTING CONDITIONAL USE PERMIT The above entitled matter came to be heard before the Monticello City Council this 24th day of June, 2002 on a request for a Conditional. Use Permit pursuant to the City of Monticello Zoning Ordinance for the following described property: 1201 Highway 25 NE, Monticello, Wright County, Minnesota [T (S ORDERED that a Conditional Use Permit allowing anauto-body operation in the B-3 zoning district be granted upon the following conditions: Landscaping of the parcel per site plan prior to issuance of a building permit or via a landscape bond. One tree every 40 linear feet on Trunk Highway 25. 2. There will be no outside storage of vehicles or parts. If outside storage should occur, the applicant will immediately be subject to a revocation hearing in front of the City Council. 3. Fourteen (14) customer parking spaces should be re-striped. In the event those 14 spaces are proven not to be sufficient. the applicant shall provide additional parking spaces. 4. No outdoor sales/display No parking in City right of way of Marvin Road. 6. Project is subject to building plan standards and public works standards for utility design. STATE OF MINNESOTA) ss COUNTY OE WRICHT ) CITY OF NIONTICELLO I, Rick Wolfsteller, City Administrator for the City of Monticello, do hereby certify that I have compared the foregoing copy of Order # 02-020 granting a Conditional Use Permit with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. A copy of this Order has been forwarded to the applicant. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Monticello, Minnesota, in the County of Wright on the Z.t'J~- day of Q (5~Oh2.!'" , 20Q2. .~k Rick Wolfsteller, Ci Administrator F I N N N. O O A N O I V i im N N N O O v O ! hL i 11 2 0 v a � O..t J � a •O O _ ..• " 4'13- ..� N ` >* O • O ° TT W l O - � C N N Y o T _ � \ ' � qO � C A • p N O fi� O qRsI o i � J T - � N _ c m N l y IL s Council Agenda: 5/26/09 5D. Consideration of adoption of resolution supporting State of Minnesota 2010 bonding request as related to acquisition of Bertram Chain of Lakes property. (AS/JO) A. REFERENCE AND BACKGROUND The City of Monticello and Wright County continue to actively pursue all available State funding options for the phased acquisition of the Bertram Chain of Lakes Regional Park. As the Council is aware, future land purchases at Bertram depend on a model that includes a third of the acquisition cost coming from State of Minnesota sources. In terms of available State resources for 2009-2010 acquisition efforts, an application for 2010 Legislative & Citizens Commission fund allocation was submitted on May 1St. LCCMR projects awards will be made in the fall. Additionally, the City will apply for 2009 Metro Greenways grant funding once those guidelines are released later this summer. City staff, along with Wright County Parks Administrator Marc Mattice, have also been closely monitoring the allocation of Clean Water, Land and Legacy Amendment funds, which continues to evolve. As another component of a coordinated State financing approach, Mattice is managing the effort to secure funding through the 2010 "Bonding Bill". Council is asked to consider approving a resolution of support for this effort. The City Council approved a similar resolution for the 2008 bonding cycle. In relationship to the 2008 bonding effort, Bertram was a strong consideration for inclusion in the bonding bill, but last minute negotiations on the overall bill left the project out of the final version. Please note that entering a request for funding via the 2010 bonding bill does not obligate the City, but does indicate a general intent of paying for a portion of the cost of the acquisition in accordance with the approved Memorandum of Understanding and agreement with Wright County. Approval of this resolution would be consistent with previous action of Council to support working cooperatively with the County in funding this purchase. STAFF IMPACT Staff impacts would include assisting in the distribution of information to local legislators regarding the project and bill language and possible assistance in coordinating any on-site events at the park for interested legislators. BUDGET IMPACT If the request for 2010 bonding appropriations is successful, the City and County would then consider moving forward with a second purchase. The size of the acquisition would depend on the bonding allocation amount. If the bonding appropriations include all or part of the remaining State share of the purchase cost, the City's share of the match would be fulfilled under the existing partnership with Wright County. This partnership allows the City to continue making annual payments to the County in an amount not to exceed $475,000 until the acquisition cost is paid in full. Potential revenue Council Agenda: 5/26/09 sources for this expense continue to be cash from potential sale of the remaining Jefferson Commons property as well as dollars derived from the Park Dedication Fund. Funds derived from these sources would later be repaid via park dedication fees coming from future development. B. ALTERNATIVE ACTIONS Motion to adopt resolution supporting placement of purchase of the Bertram Chain of Lakes in the 2010 State Bonding Bill. 2. Motion to deny adoption of resolution supporting placement of purchase of the Bertram Chain of Lakes in the 2010 State Bonding Bill. 3. Motion to table the matter. C. STAFF RECOMMENDATION Staff supports adoption of the resolution. Participation by the State is critical to the financial package for acquisition of the Bertram property. Potential inclusion of this purchase in the State bonding bill represents the next step in joint efforts to secure additional State funding. D. SUPPORTING DATA Proposed Resolution CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION N0.2009-27 RESOLUTION SUPPORTING REQUEST FOR STATE APPROPRIATIONS FOR CAPITAL IMPROVEMENT PROJECTS BE IT RESOLVED that the City of Monticello, in conjunction with the Wright County Board of Commissioners, support the application for State Appropriations for Capital Improvements to be submitted on June 22, 2009 and that Marc Mattice, Wright County Parks Administrator, is hereby authorized to submit the request for the 2010 capital Budget. BE IT FURTHER RESOLVED that Wright County has the financial capability to meet the match requirement and proper acquisition of the proposed project. BE IT FURTHER RESOLVED that upon approval of its application by the State, Wright County may enter into an agreement with the State of Minnesota for regional park land acquisition and that Wright County certifies that it will comply with all applicable laws and regulations as stated in the bonding request. NOW, THEREFORE BE IT RESOLVED that Marc Mattice, Wright County Parks Administrator, is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. Adopted by the City Council of Monticello, Minnesota on the 26th day of May, 2009. Clint Herbst, Mayor ATTEST: Dawn Grossinger, City Clerk Council Agenda 5/26/2009 SE. Consideration of approval of final payment for project 2007-18C, WWTP Digester Mixer, Sludge Storage Improvements. (B.P.) A. BACKGROUND INFORMATION: City Project 2007-18C, Monticello Wastewater Treatment Plant Digester Mixer, Sludge Storage Improvements has been completed. The final total of the project is $374,512.00, including the retainage held in the amount of $27,695.84. Payment of this retainage shall represent final acceptance of the project and begin the warranty period. In accordance with the contract documents, based on on-site observations and the data comprising this project, the consultant has certified to the City of Monticello that to the best of the consultant's knowledge of information and belief that the work contracted has been completed as indicated. The quality of the work is in accordance with the contract documents and the contractor is entitled to payment of the retainage held in the amount $27,695.84 certified in the contract documents. a. Budget Impact: $27,695.84 b. Staff Workload Impact: None B. ALTERNATIVES: 1. The first alternative is to approve final payment of Project 2007-18C. 2. The second alternative is to not approve final payment. C. STAFF RECOMMENDATION: It is the recommendation of Staff that Council make a motion to approve final payment of project 2007-18C. The Contractor's work has been completed and inspected by staff which meets quality, standards and our expectations. D. SUPPORTING DATA: Pay Application # 5; Pay Estimate; Project Progress Summary. SUPPORTING DATA CONTRACTOR'S RECAPITULATION -PAY APP #~ -ALL RETAINAGE DUE Digester Mixer Project CITY OfF MONTICEl.LO BMl PROJECT NO.: M21.39934 CITY PROJECT NO.: 2007-18C STORED MATERIALS 0•~ TOTAL, COMPLETED WORKTO DATE $374,512.00 TOTAL WORK COMPLETED Sum of Work and Stored Materials $374 512.00 RETAINED PERCENTAGE 5% 19 962.84 TOTAL AMOUNT OF OTHER PAYMENTS OR DEDUCTIONS 346 81 fi.16 NET AMOUNT DUE TO CONTRACTOR TO DATE $374 512.00 OTAL AMOUNT PAID ON PREVIOUS ESTIMATES 346 818.16 PAY CONTRACTOR PER ESTIMATE N0.5 -INCLUDES ALL RETAINAGE $27 695.84 Certificate for Partial Payment I hereby certify that, to the best of my knowledge and belief, alE Items quantities and prices of work and material shown on this Estimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract for ihis project between the Owner and the undersigned Contractor, and as amended by any authorized changes, and that the foregoing Is a true and correct statement of the contract amount for the period covered by this Estimate. Contractor: aemer Trucking & Excavating By ` Title Narne C~ ~ 1 Date G CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: ENGINEER: OLTON ENK, INC., ENGINEERS, 7533 SUNWOOD DRIVE, SUITE 206 A N By ,PROJECT ENGINEER Paul Saff .E. Date ~ "~ f~ APPROVED FOR PAYMENT: OWNER: City of Monticello By Name Title Date 776 ( ~ j 0 Q t V Q. x'21 0 ~ O ~'~. 2 ~~ ~~~z W as ~ d R a R - - , r .. __ - r c a ~ ~ 8 ~S S O ~ ~ ~ N '~ . ~' • :-.:Q 8 8 8 S 8 8 8 O - - ~ Q ~ pQ O 7~ ~{ h mp ~I 8 O 1y~~ OI S O rll Tii n m ~° ~' y r ~ e .'=~: $ 8 8 8 8 8 8 $ 8 8 8 8 a - w n a ~ n h h •'s'•. - ~•i - ~ 5 r - ~ o ~- N q _ c s ~, ~ w - x w .•~ ^~_:~ G # ~ S ~ ~ ~ W :~-~~' Z W a x ~ ~u ~ ~ o ~ ~ ~ ~ `"'s"'_ _ ~ pp Sri Q a a u°°. ty G~ i v u ~ N P i(1 n m W O .- N ~ r i m n m m N N N N N PROJECT PAYMENT STATUS CONTRACTOR Kraemer Trucking & Excavating Inc CHANGE ORDERS No. Date Descrl tion Amount 1 5/2i/2008 Dewaterln & Soll Corrections $17,955.00 Total Chan a Orders $17,955.00 PAYMENT SUMMARY No. From To Pa ent Retains a Com leted 1 Start 6/4/2008 159,922.43 8,416.97 168,339.40 2 6/4/2008 7/3/2008 115,202.70 8,063.30 f21,266.00 3 7/4/2008 811 /2008 32,574.77 1, 7 i 4.56 34,289.33 4 8/1/2008 8/30/2008 39,116.08 3,361.19 42,477.27 5 8/30/2008 5/5/2009 7,733.00 ~• 407.00 8,140.00 6 0.00 0.00 7 8 TOTALS 354,548.98 19,963.02 374512.Q0 Ori lnal Contract $356,557.00 Chan a Orders $17 956.00 Revised Contract $374,512.00 Council Agenda: 5/26/09 5F. Consideration of authorizing Feasibility Report for Fallon Avenue Pavement Rehabilitation project, City Proiect No. 2009-OSC. (B.W.) A. REFERENCE AND BACKGROUND: City staff is requesting authorization from Council to prepare a Feasibility Report to define a pavement rehabilitation project on Fallon Avenue between School Boulevard and Chelsea Road. 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 5 to 10 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 a pavement rehabilitation project be completed this year. This project would be "temporary" in nature, and as such the pavement would be replaced at its current width of 22-feet. No other improvements are being proposed with the project. The 2009 budget includes about $1,800,000 in the Street Reconstruction Fund which could be utilized for funding this project. The cost for the project is currently estimated to be about $250,000 which includes engineering fees as staff will request utilizing WSB and Associates to prepare the necessary plans, specifications and cost estimate. While staff is working towards being able to prepare plans and specifications in-house for these types ofstraight-forward pavement rehabilitation projects, we are not yet able to do so and as such a consultant will be required. A.1 Budget Impact: No direct budget impacts are anticipated because City staff will complete the Feasibility Report in-house. However, staff may wish to consult with a pavement expert to substantiate our findings. If so, the consultant's time would be limited to 4 hours or less. A.2 Staff Workload: If authorized, the Feasibility Report will be prepared by City staff and it is estimated that it will take approximately 24 hours to complete. B. ALTERNATIVE ACTIONS: 1. Motion to authorize preparation of Feasibility Report for a pavement rehabilitation project on Fallon Avenue between School Boulevard and Chelsea Road in 2009. 2. Motion to deny preparation of a Feasibility Report for a pavement rehabilitation project on Fallon Avenue between School Boulevard and Chelsea Road in 2009. Council Agenda: S/26/09 C. STAFF RECOMMENDATION: City staff recommends approving Alternative Action No. 1. D. SUPPORTING DATA: Project Area Map N m M v Q d c i c C)/ Ei li LIU ii i l Sf ILI r r. ri q 7 '�� t 3 ' ---, -, '� ,s :err / • . � r r i0 4t y00 1, .,.r 0.r -� E J ` 1 ke cu r t r J1} f l Sf ILI r r. ri q 7 '�� t 3 ' ---, -, '� ,s :err / • . � r r i0 4t y00 1, .,.r 0.r -� E J ` 1 ke cu J1} f L.L L v.LNr)o ?$ , _ � • E � .•. -•*.w ..ten �a Q Li O w a P' n ?alb sVoNno, r' ow Y S ` ke J1} f U , L v.LNr)o F ?$ , Council Agenda: 5/26/09 SH. Consideration of approving a neighborhood block Harty and closure of cul-de-sac. (CS, TM) A. REFERENCE AND BACKGROUND: The City of Monticello recently received a request to close off the cul-de-sac at the end of Badger Circle on Saturday, May 30 from 3 to 9 p.m. to hold a neighborhood block party. The party includes adjoining neighbors and will be held on the lawn (not in the street). They would like to have the cul-de-sac blocked off to allow participating families to cross the street without traffic interference. 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. 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. 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 this summer. B. ALTERNATIVE ACTIONS Approve the temporary closing of the Badger Circle cul-de-sac on Saturday, May 30 from 3 to 9 p.m. for a neighborhood block party. 2. Do not approve the request to close the street. C. STAFF RECOMMENDATION: City staff does not object to closing the cul-de-sac on this date and time for a neighborhood block party. This will encourage neighbors to get to know one another and create livable neighborhoods. D. SUPPORTING DATA: None Council Agenda: S/26/09 SI. Consideration of approving fmal payment and accenting improvements for Fiber Optics Head-End Building Site, Grading, and Utility Improvements, City Proiect No. 2006-32C. (WSB) A. REFERENCE AND BACKGROUND: This project included grading, parking lot construction, and utility improvements for the City's fiber optic head-end building site. Construction commenced in July 2008 and was substantially complete in the fall of 2008. The contractor recently completed the final installation of the fence and gate, making the project complete. The Council is being requested to accept the project as complete and approve final payment to Schluender Construction, Inc. in the amount of $6,362.38. The following paperwork is still required for final payment to be released: 1. Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax. 2. Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured. 3. Consent of Surety to Final Payment certification from the contractor's surety. 4. Two-year maintenance bond. It should be noted that the maintenance bond will start and extend two years from the date of final acceptance of the project by the City Council. The final payment request represents the final quantities completed on the contract and the release of the retainage on the contract. All punch list items assembled for this project have been completed, and WSB & Associates, Inc. is indicating the project is complete and ready for final payment in accordance with the contract and City of Monticello Engineering and Construction Standards. B. ALTERNATIVE ACTIONS: 1. Motion to accept the improvements and approve the final payment of $6,362.38 to Schluender Construction, Inc. contingent upon receipt of the final paperwork. 2. Motion to not accept the improvements and approve final payment at this time. Council Agenda: S/26/09 C. STAFF RECOMMENDATION: City staff recommends Alternative Action No. 1. D. SUPPORTING DATA: Letter from WSB & Associates, Inc. Copy of Construction Pay Voucher No. 4 (Final) ~~~ &Assoc- Infrastructure 1 Engineering 1 Planning 1 Construction May 19, 2009 Honorable Mayor and City Council City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 Re: Construction Pay Voucher No. 4 (Final) Head-End Building Site, Grading, and Utility Improvements City of Monticello Project No. 2006-32C WSB Project No. 1627-92 Dear Mayor and Council Members: 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Te1:763-541-4800 Fax:763-541-1700 Please find enclosed the final Construction Pay Voucher No. 4 for the above-referenced project in the amount of $6,362.38. We recommend final payment subject to receipt of the following items: 1. Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax. 2. Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured. 3. Consent of Surety to Final Payment certification from the contractor's surety. 4. Two-year maintenance bond. It should be noted that the maintenance bond will start and extend two years from the date of final acceptance of the project by the City Council. Please make payment in this amount to Schluender Construction, Inc. at your earliest convenience. Thank you. Sincerely, yi'SB & Associates, Inc. a ~~ Shibant K. Bisson, PE Senior Project Manager Enclosures e cc: Tom Kelly, City of Monticello Jeff O'Neill, City of Monticello Bruce Westby, City of Monticello Robert Schluender, Schluender Construction, Inc. srb ACEC 2008 Firm of the Year Minneapolis 1St. Cloud Equal Opportunity Employer L':101677.971AdpMlCmrhuN/on.idutlnlL777 Npf NNL L7'IJU.arQfl909.doc ~~ ~~~~~ Associates, liu. Owner: City of Monticello 505 Walnut St Monticello, MN 55362-1147 For Period: 10/22/2008 to 5/4/2009 Contractor: Schluender Construction 3331 90th Street NE Monticello, MN 55362 Pay Voucher MONT -Head-End Building Client Contract No.: Project No.: 01627-92 Client Project No.: 2006-32C Date: 5/8/2009 Request No.: 4 8~ FINAL Proj ect Summary 1 Original Contract Amount $133,874.00 2 Contract Changes -Addition $0.00 3 Contract Changes -Deduction $0.00 4 Revised Contract Amount $133,874.00 5 Value Completed to Date $135,826.13 6 Material on Hand $0.00 7 Amount Earned $135,826.13 8 Less Retainage $0.00 9 Subtotal $135,826.13 10 Less Amount Paid Previously $129,463.75 11 Liquidated Damages $0.00 12 AMOUNT DUE THIS PAY VOUCHER NO. 4 & FINAL $6,362.38 I HEREBY CERTIFY THAT A FINAL EXAMINATION HAS BEEN MADE OF THE ABOVE NOTED CONTRACT, THAT THE CONTRACT HAS BEEN COMPLETED, THAT THE ENTIRE AMOUNT OF WORK SHOWN IN THE FINAL VOUCHER HAS BEEN PERFORMED AND THE TOTAL VALUE OF THE WORK PERFORMED IN ACCORDANCE WITH, AND PURSUANT TO, THE TERMS OF THE CONTRACT IS AS SHOWN IN THIS FINAL VOUCHER. Recommended for Approval by: WSB ~ Associates, Inc. Approved by Contractor: Schluender Construction Specified Contract Completion Date: 10/15/2008 Comment: Construction Observer: Approved by Owner: City of Monticello Date: Page 1 Project Material Status Item No. Item Description Units Unit Price Contract Quantity Quantity to Date Current Quantity Amount to Date SCHEDULE A -SITE WORK 1 2021.501 MOBILIZATION LUMP SUM $6,900.00 1 1 0 $6,900.00 2 2101.605 CLEARING AND GRUBBING ACRE $10,000.00 0.2 0.3 0 $3,000.00 3 2104.501 REMOVE CURB AND GUTTER LIN FT $4.00 180 181 0 $724.00 4 2104.501 REMOVE FENCE LIN FT $20.00 10 7 0 $140.00 5 2104.505 REMOVE BITUMINOUS PAVEMENT SQ YD $2.00 240 240 -1950 $480.00 6 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LIN FT $5.00 65 48 0 $240.00 7 2105.501 COMMON EXCAVATION (EV) CU YD $5.00 1130 1481.5 0 $7,407.50 8 2105.521 GRANULAR BORROW (CV) CU YD $7.50 2520 2824.3 0 $21,182.25 9 2105.526 SELECT TOPSOIL BORROW (CV) CU YD $7.50 90 28 0 $210.00 10 2211.501 AGGREGATE BASE CLASS 5 MOD TON $9.00 380 355.32 0 $3,197.88 11 2350.501 TYPE LV 4 WEARING COURSE MIXTURE (B) TON $80.00 85 83 0 $6,640.00 12 2350.502 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TON $75.00 115 98 0 $7,350.00 13 2506.602 RECONSTRUCT DRAINAGE STRUCTURE EACH $400.00 1 1 0 $400.00 14 2531.501 CONCRETE CURB & GUTTER DESIGN 8618 LIN FT $13.00 515 504 0 $6,552.00 15 2545.523 1.25" NON-METALLIC CONDUIT' LIN FT $10.00 10 45 0 $450.00 16 2557.501 WIRE FENCE DESIGN 72V-9322 LIN FT $19.00 950 954.5 181.5 $18,135.50 17 2557.517 VEHICULAR GATE-DOUBLE EACH $2,500.00 1 1 0 $2,500.00 18 2557.517 VEHICULAR GATE-SPECIAL EACH $8,400.00 1 1 0 $8,400.00 19 2564.531 SIGN PANELS TYPE C SQ FT $250.00 2 2 0 $500.00 20 2573.502 SILT FENCE, TYPE MACHINE SLICED LIN FT $2.50 180 210 0 $525.00 21 2573.602 TEMPORARY ROCK CONSTRUCTION ENTRANCE EACH $500.00 1 1 0 $500.00 22 2575.605 SEEDING, MIX 250 (INCL. FERT., MULCH, DISC ANCHOR) ACRE $1,400.00 1 1.28 0 $1,792.00 23 2582.501 PAVEMENT MESSAGE (HANDICAPPED SYMBOL) EPOXY EACH $100.00 1 1 0 $100.00 24 2582.502 4" SOLID LINE WHITE-EPOXY LIN FT $2.00 260 198 0 $396.00 Totals For Section SCHEDULE A -SITE WORK: $97,722.13 SCHEDULE B -SANITARY SEWER 25 2502.601 6" PVC PIPE DRAIN CLEANOUT EACH $125.00 3 3 0 $375.00 26 2502.602 8" PVC PIPE DRAIN CLEANOUT EACH $300.00 2 1 0 $300.00 27 2503.511 8" PVC PIPE SEWER W/ TRACER WIRE LIN FT $23.00 373 363.5 0 $8,360.50 28 2503.511 6" PVC PIPE SEWER W/ TRACER WIRE LIN FT $22.00 225 229.5 0 $5,049.00 29 2503.602 CONNECT TO EXISTING MANHOLES (SAN) EACH $850.00 1 1 0 $850.00 30 2506.516 CASTING ASSEMBLY (SANITARY) EACH $605.00 1 1 0 $605.00 31 2506.603 CONST 48" DIA SAN SEWER MANHOLE LIN FT $250.00 9.24 9.1 0 $2,275.00 Totals For Section SCHEDULE B -SANITARY SEWER: $17,814.50 SCHEDULE C -WATER MAIN 32 2504.602 4" GATE VALVE AND BOX EACH $750.00 2 2 0 $1,500.00 33 2504.602 16"X4" WET TAP EACH $2,000.00 1 1 0 $2,000.00 34 2504.603 4" WATER MAIN-DUCTILE IRON CL 52 LIN FT $27.00 610 588.5 0 $15,889.50 35 2504.620 DUCTILE IRON FITTINGS POUND $2.50 530 360 0 $900.00 Totals For SCHEDULE C -WATER MAIN: $20,289.50 Project Totals: $135,826.13 Page 2 Project Payment Status Owner: City of Monticello Client Project No.: 2006-32C Client Contract No.: Project No.: 01627-92 Contractor: Schluender Construction ~No. Type Date Description (Amount ~ ~ Change Order Totals: $0.00 Payment Summary No. From Date To Date Payment Total Retainage Total Total Payment Work Total Work Payment Per Payment Retainage +Retainage Certified Per Certified Payment 1 7/7/2008 8/1/2008 $80,669.01 $80,669.01 $4,245.74 $4,245.74 $84,914.75 $84,914.75 $84,914.75 2 8/2/2008 9/8/2008 $45,274.04 $125,943.05 $2,382.84 $6,628.58 $132,571.63 $47,656.88 $132,571.63 3 9/9/2008 10/21/2008 $3,520.70 $129,463.75 $185.30 $6,813.88 $136,277.63 $3,706.00 $136,277.63 4 & FINAL 10/22/2008 5/4/2009 $6,362.38 $135,826.13 ($6,813.88) $0.00 $135,826.13 ($451.50) $135,826.13 Payment Totals: $135,826.13 $0.00 $135,826.13 $135,826.13 Project Summary Material On Hand: Total Payment to Date: Total Retainage: Total Amount Earned: $0.00 $135,826.13 Original Contract: $0.00 Contract Changes: $135,826.13 Revised Contract: $133,874.00 $0.00 $133,874.00 Page 3 Council Agenda: S/26/09 7. Public input meeting on TH 25 /River Street access closure pilot proiect, City Proiect No. 2008-14C. (BW) A. REFERENCE AND BACKGROUND: On July 24, 2008 the City of Monticello, in cooperation with Mn/DOT, instituted a 60- day pilot project to determine the effects to traffic on TH 25, River Street and other surrounding streets caused by closing all access to River Street at TH 25. This initial pilot project resulted in traffic volumes on East and West River Streets decreasing by about 85%, which consequently increased traffic volumes on CSAH 75 by roughly 15%. It was also found that vehicle speeds on East and West River Streets decreased by about 5 mph, while speeds on CSAH 75 remained about the same. Most of the residents along River Street who weighed in on the access closure project favored it, while several business owners voiced their opposition to this first access closure pilot project. On September 30, 2008, Mayor Herbst, Councilmember Wojchouski and City staff met with Mr. Steve Johnson, a representative for the local business owners, to address the local business owner's concerns that the access modifications instituted under the first pilot project were too restrictive. After much discussion it was agreed that the City would consider authorizing a second pilot project aimed at increasing access for local businesses near this intersection. On October 9, 2008 City staff met with Mn/DOT to determine which of the modifications discussed with Mr. Johnson the City would be allowed to make. Mn/DOT approved a design allowing partial access to West River Street by permitting NB TH 25 traffic to turn left onto WB West River Street, along with allowing right-turn movements from SB TH 25 to WB West River Street and aright-turn movement from EB West River Street to SB TH 25. Orange drums were to be placed along TH 25 to prevent vehicles from turning left from EB West River Street onto NB TH 25. Based on comments made by Mr. Johnson during our meeting it was felt that this configuration would allow adequate access to meet the needs of the local businesses. The second 60-day access closure pilot project began on October 27, 2008. Traffic data gathered in January of 2009 indicated that this access closure pilot project resulted in traffic volumes on West River Street increasing to about 70% of its pre-access closure traffic volumes, while average vehicle speeds ranged from about 22 - 26 mph and 85th percentile vehicle speeds ranged from roughly 26 - 30 mph. And based on comments received, most of the residents along West River Street did not favor reopening access to West River Street at TH 25. Regarding local business comments, City staff did not receive any comments through January 2009 so it was not clear if the increased access addressed their concerns regarding losing business due to decreased client accessibility and exposure or not. On February 9th staff presented the traffic data above to Council but due to the fact that the traffic counting tubes were dislodged intermittently by snow plows during the counts Council requested staff to gather more data and present it at an upcoming Council meeting. Council requested that the new traffic data be gathered over a 2-week duration on West River, Third and Fourth Streets so they could get a better feel for what constitutes "local" traffic volumes. Council also requested that all traffic data gathered Council Agenda: S/26/09 be done so as inconspicuously as possible to prevent people from purposely slowing down when they know their speed is being recorded. As such, staff used traffic tubes to gather all data being presented to the Council. None of the traffic volume or speed data being presented was gathered using our speed trailer. This data is attached as supporting data. In general, the 85a'-percentile speed on West River, Third and Fourth Streets was just over 20 miles-an-hour, but staff will expand on this at the meeting. Council also requested staff to gather any available crash data at TH 25 and River Street and present it to them with the new traffic data. At the time this report was prepared staff had no crash data to include as supporting data, but all available crash data will be presented to the Council during the meeting. Various residents and business owners addressed the Council during their February Stn meeting. Attached as supporting data are the meeting minutes highlighting the various comments received. In general, residents were concerned with vehicle volumes and speeds along West River Street, while business owners were concerned with decreased exposure and accessibility to their businesses. Should Council wish to permanently close or limit access to River Street, staff recommends that a Public Hearing be held first in order to capture all public comment before ordering the necessary improvements. These improvements may require roadway modifications to allow City maintenance and emergency vehicles to turn around at the ends of River Street, as well as the removal of Mn/DOT's signal system. Alternatively, Council could order another short-term access closure pilot project with modified access control. It should again be noted that the Wright County Highway Department may require access modifications to be made along CSAH 75, specifically at Walnut Street, should the City decide to permanently limit or close access at River Street. Such access modifications would be detrimental to traffic flow on Walnut Street and eliminate any potential for a connection to West Bridge Park via Walnut Street. In regards to revising the signing and striping on CSAH 75 to convert the outer (right- hand) westbound through lane from a thru-right into aright-turn only lane to reduce vehicle back-ups on WB CSAH 75, Wright County continues to be unsupportive of this request and would not consider participating in any costs. A.1 Budget Impact: Budget impacts will depend on Council's motion. Costs could range from minimal to fairly substantial, depending primarily on signal system and roadway impacts. A.2 Staff Impact: Implementing additional pilot projects would require the services of select Public Works staff and the City Engineer. Maintenance measures should be minimal. Council Agenda: S/26/09 B. ALTERNATIVE ACTIONS: 1. Motion to authorize staff to present a third access control pilot project to Mn/DOT for approval consisting of 2. Motion to authorize staff to present a permanent access control project to Mn/DOT for approval consisting of 3. Motion to leave intersection as is and request Mn/DOT to remove the signal system. 4. Motion to restore intersection to a signalized, full-access intersection. C. STAFF RECOMMENDATION: Staff has no recommendations to offer on this item since it appears that traffic volumes and speeds were generally not negatively impacted by either of the first two pilot projects. D. SUPPORTING DATA: TH 25 & River Street intersection figure Traffic volume count figure Traffic volume comparative summary Traffic speed data (raw data sheets) Vantage Point Partners letter re: Closure of East River Street (5-20-09) Comments received during second pilot project February 9, 2009 City Council meeting minutes o~ O CZ C G ~ J J W V o Z N CO G Z `. r ~ Z a' Q O V V LL O 0 N Z v r ~ ~ ~ ti r ti CA e- ~ ~ ti (O @7 r M N to N - ~ ~ ~ ~- r- I~ N ~ O ~ ~ ~ O ~ r ~ COO Ch N N Q Z ~ O ~ O ~ oO0 N~ ~ In ~ ~ N ~ N N ti ti t0 ~f M N M ~ ~ ~ ~j ~ ~ N ~ ~ N O ~ ~ N M N ~ ~ r ~ N ~ O O N CO p O ~ Ch N ~ M N ~ O ~ O ~ ~ ~ ti Q Q N y u~ ~ ~ N 0 o F-w y> Nw ~> aN 3x aN 3 ~~ o ~c x 1C1m ~ Om _ Q~ _ Z~ Q~ x Q~ cn ~J ~nw ~ V NO NO ~O QO Op ~O ~~ >O ~z ~~ ern 3w m3 mw a3 ~w N N N N O 1- ~ I- ~ V O O O O D F-~H~N C W W W ~ W ~ ~ V ~ .~ ......... 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O O N ~~~ o~? o~ = n O o ~~ - ~ rn ~ v ~ ~ U ( fnfA lAW U M ~ O ~ M M N N ~ O N O c~ _ ~ a N _ Lam. t Li-, ~ +L- _ ~ .. ~ O O h In ~- M f~ (O Op r ~' O ~ O e- O CO ch c0 1~ M i. Y .O .`.. '~'' ++ .4+ .C ++ 7 ~ 7 ~ ~ O ~ 3 0 0 5C-. ~ ~ ~ In N ~ _ a O > > ~ O ~ o 0~~~~N d' M rtin~nt~coc~MN p~ p ~ O O~ O~ O O OHO v~,.cn~~cn cn v~ ~ O ~, ~ ~tn..~~-~ ~~-,~ ~r-~r-~~..'~ rn N N= C~ C~ C C (~ f0 J N N C (0 J N J N C~ fII J C O J J J t0 J J N J tII C~ R3 J f~ J N C~ R3 J J J J N J J J J N m ~ O J f0 J J J J J f0 _J ~- M J 0p J O _ O -~ tf') n J ~- C M~ to O fem. ~ r~ ~ L(') O r' `-' 01 ~ N N N M N N N N N O O M N M N N N ~ +. C= N ~ 3 -O ~ ~ 0 ... C C N O ++ O~ ~ ~ N .... C N~ O N ++ C O N V (a ~ .. > LLfofn~F->H LL(nfn~H~F'-'LJ.,(n(n~c > F-~f-LLCn(n~~?I-LLfn(!~ 0_~"' VANTAGEPOINT PARTNERS May 20, 2009 Monticello City Council Monticello City Engineer and Staff RE: The Closure of East River St. Dear Monticello City Council and Staff; We would like to share our opinion and needs regarding the closure of East River St. We represent Chuck Van Heel the property owner. Our intent is to work with the City regarding a redevelopment of the west half of the block on the Northeast Corner of Hwy 25 and Broadway. Our preference is to keep River St. East open, however we are open to the concept of closing River St, with the condition that we are able to maintain a right in -right out off of Hwy 25 northbound. There currently is an access point mid-way in the block. That access point may change as the site plan of future development is determined. Our concern is that MN DOT may not allow us to change the location of the curb cut. However, we will need access either from Hwy 25 or from River St. Our recommendation would be to barricade River St. at the corner of River and Cedar. This would allow full access to the commercial businesses and would not allow high speed traffic in the residential neighborhood, which I believe was the initial objective for the closure. Thank you for your consideration. Sincerely; Vantage Point Partners, LLC. Wayne Elam Executive Vice President 44 From: Please Do Not click Reply [support@govoffice.com] Sent: sunday, ]anuary 04, 2009 12:39 PM To: Angela Schumann Subject: Comments & Suggestions (form) has been filled out on your site. Your Site has received new information through an online form. Online Form: Comments & Sugggestions site uR~: monticellomn.govoffice2.com ------------------------------------------------- Full Name: address: 42 west River Street Exact Location or Address of Area of Concern: West River Street Contact Phone Number: ~~ Contact Email address: ~~Comments, Suggestion or ion: I was much happier wit a e the end of the street preventing speeding traffic from making our street a major thoroughfare. Too many people speed down our street. They should be on highway 75 instead. Perhaps we could put a blockade further wEST on River steet, if businesses are upset about the idea. This would not affect them as much. Do Not click Reply - This a-mail has been generated from an online form. Page 1 40 From: Please ~o Not Click Reply [support@govoffice.com] sent: Tuesday, November 04, 2008 10:19 AM To: Angela Schumann Subject: River street closure Comments (farm) has been filled out on your site. Your Site has received new information through an online form. Online Form: River Street Closure Comments Site URL: monticellomn.govoffice2.com ------------------------------------------------- Name (First and Last):p street Address: 4658 e c Please Email River Street updates to this Email: comments: it is now dangerous driving and walking at near intersection o 25/75. for all people in line to make left hand turns (3 blocks lon ), its impossible to see others crossing street (walking or driving while driving straight, its more difficult to get in/out of post office due to traffic back up and person has to get back on or cross 75 instead of more direct route toward 25. please consider other options of routing traffic. Contact Information (Phone or Email Address): ~o Not click Reply - This a-mail has been generated from an online form. Page I 40 From: Please ~o Not click Reply [support@govoffice.com] Sent: Tuesday, November 04, 2008 10:19 AM To: Angela Schumann Subject: River Street Closure Comments (form) has been filled out on your site. Your site has received new information through an online form. Online Form: River Street Closure Comments Site URL: monticellomn.govoffice2.com ------------------------------------------------- Name (First and Last): street Address: 4658 pe oc Please Email River street updates to this Email: Comments: it is now dangerous driving and walking at near intersection o 25/75. for all people in line to make left hand turns (3 blocks lon ), its impossible to see others crossing street (walking or driving while driving straight. its more difficult to get in/out of post office due to traffic back up and person has to get back on or cross 75 instead of more direct route toward 25. please consider other options of routing traffic. Contact Information (Phone or Email Address): ~o Not Click Reply - This e-mail has been generated from an online form. Page 1 before the January 12th Council meeting to make sure we are presenting accurate information to the Council and those in attendance or watching on television. In response to your comment on the spotty patrolling by the Sheriff's nepartment, I will relay your concerns to the Sheriff's Department at the `xt Police Advisory Commission meeting on January 21, 2009. As to the use of speed bumps to slow traffic speeds, the City does not utilize speed bu~-nps on public streets as they are problematic for snow plowing opera*_ions and can cause serious accidents and personal injury to motorists and pedestrians if they are not detected or detected too late. Speed bumps are more typically used an private streets and alleys. Regarding the use of stop signs to slow traffic speeds, the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), whicr. is the governing resource for sign placement cn roadways .in Minnesota, discourages the use of stop signs for traffic calming purposes since the over-use of such regulatory signs causes them to lose their effectiveness. This leads to non-compliance by motorists and an increase in the frequency of crashes. As such, stop signs should only be placed where absolutely necessary bawd on engineering judgment or studies. Please be aware that public comment will likely be received by the Council on January 12th if you'd care tc attend their meeting at the Community Center. Otherwise, I will be sure to pass your comments along to them. Please feel free to call me cr reply tc this e-mail with any additional questions. Bruce Westby, P.E. Monticello City Engineer 505 Walnut Street, Suite 1 "'~nticellc, MN 55362 uce.wes*_by@ci.monticello.mn.us Ph: 763-271-3236 Fax: 763-295-4404 -----Original Message----- I From: Please Do Not Click Reply [mailtc:support@govoffice.com] Sent: Thursday, December 04, 2008 12:07 AM To: Jeff O'Neill Subject: Comments & Suggestions (form) has been filled out on your site. Your Site has received new information through an online form.. Online Form: Comments & Suggestions Site URL: www.ci.monticello.mn.us ------------------------------------------------- Full Name: ~ ~ Address: 41 W. River Street Exact Location or Address of Area of Concern: West River Street Contact Phone N~.unber: Contact Email Address: Comments, Suggestion or Question: High speed traffic has returned thanks to the re-opening of West River stree*_. While I appreciate the concerns of the affected business owners adn commuters, the issue of vehicles traveling through our neighborhood at high rates of speed is alarming and had only been quelled by the recent closure. The spotty, at best, pa*_roliing by the Sheriffs department and/or placement of the radar cart are really quite ineffective. If it is imperative for the street to be open whether it is for the businesses or congestion reduction may not be for me to decide. The safety of my family, woven, as well as that of my neighbors and their children is of utmost portance. if this street needs to remain open then the council needs to put in some permanent controls such as stop signs or speed bumps to ensure the safety of this area. Thank you for your prompt attention. to this matter. 2 43 From: Please Do Not Click Reply [support@govoffice.com] Sent: Sunday, ]anuary 04, 2009 8:56 PM To: Angela Schumann Subject: Comments & Suggestions (form) has been filled out on your site. Your site has received new information through an online form. Online Form: Comments & Sugggestions Site uRL: monticellomn.govoffice2.com ------------------------------------------------- Full Name: Address: 42 est River Street Exact Location or A ess of Area of Concern: River Street Closin Contact Phone Number: Contact Email Address: Comments, Suggestion or Question: what do you mea o a out speeding cars on west River Street have been stated? I have personally called the sheriffs departement at least 2 times, and written on your website at least twice about this issue. zt was stated in the Monticello Times a few backs that Mr. Larson was upset about the speeding traffic on west River Street. when River Street was closed, traffic was greatly diminished and there was minimal speeding. Now that it has been reopened in a modified way, we are getting speeders again, unless there is a speed reader in place to deter speeders. we have no sidewalk on our street and it is unsafe for our children to walk or bike down down our street. while businesses may be worried about having less traffic, customers only have to travel an extra block or 2 to get there; but our homes are open 24/7, and we do not have a safe street. Do Not click Reply - This a-mail has been generated from an online form. Page 1 42 z also would not complain if the city had kept this downtown area where we chose to raise our children thriving with businesses that our family could access by foot or bike, but instead the city abandoned its downtown, leaving us only a residential neighborhood. Give us the same respect as other residential neighborhoods, and make our streets safe. z remember the downtown Monticello that needed River Street to serve as an access for businesses. I used the back entrance of )ohnsons, Poirer Drug, sarsness Drug, and all the other welcomed and needed services in our town. Now, downtown sits empty. The River street Residents have been robbed of their local, hometown services and market, and the people who chose to stay here and raise their families in this lifeless downtown environment deserve at least some respect for their safety. This street is now residential, nothing mare, so give the residents some peace of mind far their children's safety. Do Not click Reply - This e-mail has been generated from an online form. Page 2 45. From: Please ~o Not Click Reply [support@govoffice.com] Sent: Tuesday, January 06, 2009 9:59 PM To: Angela Schumann Subject: Comments & Suggestions (form) has been filled out on your site. Your Site has received new information through an online form. Online Form: Comments & Sugggestions Site uRL: monticellomn.govoffice2.com ------------------------------------------------- Full Name: Address: 42 west River Street Exact Location or Address of Area of Concern: WEST River Stre et Contact Phone Number: ~ Contact Email Address: ~ comments, Suggestion or Question: z feel very strongly t at t e r e blocked from thundering dawn west River street, where my small children pla y in our front yard. Some families cant afford fancy fences to protect t hei r loved ones. Please blockade the far section of west River street and keep our street residential. ~o Not Click Reply - This e-mail has been generated from an online form. Page 1 Council Minutes: February 9, 2009 D. Consideration of approving a temporary beer license for Riverfest celebration. Recommendation: Approve a temporary liquor license for the Monticello Lions Club for the Riverfest celebration on July 11-12, 2009. E. Consideration of approving the final plat of Union Crossings Fourth Addition. Recommendation: Approve the final plat and amended CUP for a Planned Unit Development for Union Crossings 4a' Addition. F. Consideration of approving a contribution to the general fund from Tom Perrault. Recommendation: Adopt a resolution approving the contribution and authorizing the use of funds as specified. Tom Perrault asked that #SF be removed so he could abstain from voting on the item. Mayor Herbst indicated that this is not an item that would be considered a conflict of interest as there is no benefit to Tom Perrault by his vote. Glen Posusta questioned whether the funds should be earmarked and not just designated to the general fund. He suggested earmarking it for the YMCA acquisition. Tom Perrault stated the monies were being designated for the general fund. CUNT HERBST MOVED TO APPROVE THE CONSENT AGENDA. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. None. 7. Report and discussion on results of pilot proiect closing of River Street at TH 25. City Engineer Bruce Westby briefly explained the two pilot projects relating to the closing of the access on River Street at TH 25 and the resulting impact these pilot projects had. The first pilot project closed all access to both East and West River Street at TH 25. The result of this pilot project was a decrease of 85% in traffic volume and a decrease in traffic speed of approximately 5 mph. A second pilot project was done to accommodate the concern of business owners about access to their business. Under the second pilot project northbound traffic on TH 25 could turn left onto West River Street and southbound traffic on TH 25 could turn right on to West River Street. Right turns could be made from West River Street onto TH 25. The access from East River Street remained closed through both pilot projects. Bruce Westby had a drawing illustrating the access closure. Bruce Westby reviewed with the Council the data from traffic counts taken during the pilot project period. He noted that with the second pilot project traffic on West River Street went back to 70% of its original volume. Brian Stumpf asked if the 666 count is traffic that is going past Locust into the residential area. Clint Herbst asked why the traffic counts were not taken between TH 25 and Walnut Street. Bruce Westby said the assumption was that any one turning west onto River Street was going to Locust or beyond. Brian Stumpf felt there should be two traffic counts; one from TH 25 to Walnut and one from Walnut Street and beyond. He felt this would provide a break out between business traffic and residential traffic. 2 Council Minutes: February 9, 2009 The Council also questioned the value of the count data in instances where the counting tube was dislodged. Bruce Westby indicated that with the number of snowfall events that occurred during the traffic counts, the snowplows did interfere with the operation of the counting devices. Brian Stumpf responded that was why he had wanted this project done in the summer. He did not feel that information from a two day traffic count was adequate. He felt the traffic counts should be extended longer to at least a week or possibly two in order to get counts that truly reflect the traffic patterns in the area. Bruce Westby stated the City's speed trailer had been placed out on West River Street and he supplied data on the speeds of traffic. Bruce Westby noted that most of the residents that responded were in opposition of opening up West River Street again. The business community felt a different alternative should be looked at as the pilot project did not help their businesses as they hoped it would. Clint Herbst said the Council has to keep in mind that nothing can be done until spring is here. Brian Stumpf recommended calling for a public hearing at the first meeting in April. In the meantime staff should be taking traffic counts by Walnut Street to see if it can be determined who actually utilizes Block 52. Brian Stumpf stated he is not in favor of doing another pilot project and he believes people are using River Street as a cut through. Glen Posusta asked why the counts are proposed for Walnut and not Locust. Brian Stumpf said the only access people have to Block 52 is Walnut Street and the alley. Brian Stumpf felt if people are going to use Block 52 they are not going to go down to Locust. Clint Herbst asked if a count of 666 seemed like a lot of traffic for that area. There was additional discussion on the traffic counts and what is a reasonable level of traffic. Bruce Westby said staff could take traffic counts at additional locations. Brian Stumpf believes it is cut through traffic and if additional traffic counts show that is the case then TH 25 and River Street is not a safe intersection. Brian Stumpf suggested contacting the county or state to find out the types and numbers of accidents have occurred in the area since the second pilot project. Clint Herbst noted that these are city roads and everyone is allowed to use them. If the count is reasonable it doesn't make any difference whether it is cut through traffic or not. Glen Posusta felt the City needs some comparable counts and suggested taking counts on 3~ and 4th Street. Clint Herbst agreed that traffic counts need to cover more than two days. Bruce Westby said most time the counts are taken from Tuesday through Thursday. Brian Stumpf said because they are talking about a potential major change to an area the City needs to have documentation to support their action. Susie Wojchouski said if the City is going to do traffic counts they need to be taken before Xcel closes down for a major outage. She felt the City should get those counts started as soon as possible. Leila McCarty, representing 419 West River Street, 413 West River Street and 501 West Broadway had several questions on the closure. She wondered if closing West River Street at Locust Street was a viable option and if not, why not. Clint Herbst said he is concerned about traffic issues but he is not in favor of closing streets off just because the street is used by people other than the residents. Ms. McCarty talked about the cut through traffic noting that in her commute to Maple Grove she often utilizes the back roads and shortcuts. Clint Herbst asked if there was a way to acquire the speed studies without using the trailer. Brian Stumpf asked about the devices that track the speed which are located on a speed limit sign. Bruce Westby said the devices are more expensive than the speed trailer and more difficult to secure and therefore more likely to be stolen. Clint Herbst said excessive speed is the complaint the City receives most often. 3 Council Minutes: February 9, 2009 Deborah Mahoney 425 West River Street noted the number of children in the neighborhood. There is no sidewalk on River Street so the kids are walking in the street to get to the bus stop which is several blocks away. She is concerned that the commuters and speeders are potential traffic accidents. It was suggested that if the residents are interested in getting sidewalks in the area they should submit a petition to the City. Public Works Director Bob Paschke noted that West River Street is not identified as a sidewalk route. Michael Drayna 13 Linn Street agreed with Brian Stumpf about putting the speed trailer out for an extended period of time and having it in a location where the vehicles coming can't see it. He added that 24 hours is not adequate time for a count. In this case the trailer was there just one day. He asked for information as far speed range of the vehicles counted. Bruce Westby indicated 44 mph was the high. Mr. Drayna cited an instance that occurred in early morning where the speed trailer clocked the vehicle at 57 mph. Mr. Drayna felt traffic volume can be handled if the speed is reasonable. Wayne Elam, Vantage Point Partners representing Charles VanHeel who owns property in the area, indicated they are working on a redevelopment project on the western part of the Block 53. He indicated if River Street is closed they would need to have access to TH 25. Brian Stumpf said MnDOT would have to approve any access on TH 25. Susie Wojchouski expressed her concern about retaining the access points. Glen Posusta asked if they planned on remodeling the building. Wayne Elam responded that they are proposing to remove the existing build and construct a new structure. Steve Johnson, 1233 Sandy Lane, a downtown business owner spoke. He noted there are two points of view; that of the residents and that of the business owners who need access from River Street for their business. Nobody wants traffic in the neighborhood at high speeds or high volumes. He added there is a large contingency of people going out to the power plant and with the pending outage at the plant additional people will be coming in thus aggravating the problem. His impression as a business owner was that the last pilot project on River Street did not work. At a previous Council meeting where this item was discussed he had submitted a petition requesting that River Street at TH 25 be reopened. If River street is closed and if the County closes Walnut Street in order t have stacking space on County Road 75, he felt this would further isolate the businesses in the area. Availability of access to the downtown is important. He suggested a possible solution which would close off West River Street at Locust Street and East River Street at Cedar Street. This would allow circulation in the downtown area and would eliminate cut through traffic. Glen Posusta said the right turn signal is for those who go across the river. If the light would stay on longer so more than a few cars could get through he thought that would help. Glen Posusta felt blocking off Locust Street is just pushing the problem somewhere else in the City. It was noted that when redevelopment takes place in the area they could consider the addition of a right turn lane. Steve Johnson said he believed the concrete bumpouts at TH 25/CR 75 would block off going to the left. These could be knocked out to facilitate traffic making a right turn. He also commented that it is not business against residents since the residents are their customers. The City needs to find something that works out for all of them. He felt closing Locust Street was palatable to both the businesses and residents. He suggested this combination be tried for the next couple of months. Susie Wojchouski felt the City needed to study the area more 4 Council Minutes: February 9, 2009 before making a decision. She also mentioned the need to make vehicles aware of children in the area and the fact that there are no sidewalks. Josh Dickinson, 600 4th Street, 106 Walnut and 112 West River Street is a business owner and a resident of Monticello. He addressed the comment on helping the downtown. He said what is clear is the existing business owners who have stayed downtown have a loyalty to the downtown area. He noted the concern with the lack of sidewalks and children being in the street. He said that closing River Street means that people can come to the store but they cannot leave the store easily. He asked that consideration be given to closing the access at Locust Street and Cedar Street but to keep the lights operational. He felt the City might as well keep River Street closed as to keep it the way it is now. There was no difference between the impact of pilot project #1 and #2 for the businesses. The Council questioned whether the county could close off Walnut Street. Clint Herbst added the cost to businesses was not just in the downtown area but all over Monticello. Dean Rasmussen, Glass Hut stated he understood the residents' concern on River Street and agreed that there are speeders on the road. Since the second pilot project they have people speeding down the alley at 35 mph. and the street closure has restricted access to Bridge Park. He asked about the possibility of sidewalk or cutting the speed limit to 25 mph for a segment of the roadway. Clint Herbst said some times it is not the amount of the traffic but the speed of it. Dean Rasmussen asked about the right turn with the bumpouts. He has seen more accidents at TH 25/CR 75 than he has seen on River Street. He said he didn't know if there was awin-win solution in this case. He appreciated the Council listening to the public and not making a hasty decision. Shana Bregenzer, 500 West River Street stated she was initially opposed to the closing of the street and losing access to the park. River Street has become a residential area only with no way to access the downtown. Since there is no downtown area it should be expected by vehicles that it is a residential area and respect the speed limits. She felt there should be stop signs to slow the traffic. With the stop signs and sidewalks the residents could feel safe. She added that even the bus doesn't drive down the street any more. People can't get to Ellison Park because the light isn't there. She felt downtown Monticello was being neglected. Clint Herbst questioned how the City had neglected downtown. She responded that she felt the Council encouraged business development to take place in areas such as 7th Street and beyond and were trying to bypass downtown. Brian Stumpf said the Council has heard a lot about the need for sidewalks but he hasn't heard any residents saying they were willing to pay for them. Susie Wojchouski asked if there was an option for the City to place pedestrian crossing signs or stop signs to slow the traffic. Ms. Bregenzer questioned what was being done for the downtown area. Glen Posusta said the City's ability to do something is based on revenue from taxes. Glen Posusta said the City by itself can't save downtown. He felt the businesses have to adapt and redevelop. He emphasized that signage attracts business and questioned whether DAT wasn't too restrictive with what took place downtown. Brian Stumpf took umbrage at the remark and stated the Design Advisory Team (DAT) was merely charged with enforcing the policy and ordinances that the City had in place. Jeff O'Neill indicated that TIF funds were available for redevelopment in the downtown area. The City is also working on the Transportation Plan Council Minutes: February 9, 2009 which will have an impact on the downtown. Brian Stumpf asked when the Transportation Plan would be coming before the Council and Bruce Westby informed him it would be at the March 9, 2009 meeting. Brian Stumpf didn't feel anything should be done with the intersection until after the Transportation Plan was done. Arnie Tessmer, 719 East River Street, felt the public hearing was a good way to handle the discussion of the intersection and asked what was in the offing for East River Street. Clint Herbst replied that the East River Street closure seemed to have been successful but he didn't believe the signal lights would be turned on again. Redevelopment of that block would need to look at access to the existing building. East River Street is peaceful and quiet as a residential street should be. Susie Wojchouski asked about access from east to west bridge park under the bridge. Tom Moores, Street Superintendent, responded to some of the comments made. He said the City had made River Street a wider street in lieu of putting in sidewalk. The thinking then was that it would be cheaper to maintain. He addressed the comments on children being in the street because there is no sidewalk. While it was noted that speeds and traffic volume have increased, the City has done things in an effort to alleviate the problem. There is sidewalk on Broadway so pedestrians could go up one block and use the sidewalk on Broadway rather than walking in the street. He also commented on the speed trailer stating they document where the trailer is placed and added that the trailer is out for more than one day. He indicated they can program the speed trailer to visibly show or not show the speed traveled. The bumpouts on Broadway were put in a number of years ago because there was inadequate space for trucks making turns. He commented on directing traffic to go north on Walnut Street as Walnut is a dead end street that goes into a parking lot. Does the City want 60 cars a day going through a parking lot? Glen Posusta asked if River Street is plowed curb to curb. Tom Moores stated the City plows curb to curb but the City doesn't have a clean road policy. Tom Moores stated he gets comments from residents all over town about traffic moving too fast and the safety of residents. Bob Paschke said the City could put in sidewalk on River Street when that phase of the core street reconstruction project is done. Clint Herbst encouraged residents to access the City's website and let the City know ahead of time about issues of concern to them. Tom Perrault commented that the light at River Street and TH 25 was meant for the development of the block. If the Cedar Street Market site is redeveloped the light would be needed for the development. BRIAN STUMPF MOVED TO HOLD A PUBLIC HEARING FOR THE FIRST MEETING 1N APRIL (APRIL 13TH) TO ALLOW STAFF TIME TO GET ADEQUATE DATA ON TRAFFIC COUNTS AND NOT TO DO ANY ADDITIONAL CHANGES TO THE ACCESS AT RIVER STREET AND TH 25 AT THIS POINT. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Glen Posusta asked if it was a good idea to get comparable counts such as at east and west Third Street and east and west Fourth Street and possibly Elm Street. Clint Herbst stated that traffic in the area was just one of many pieces of the puzzle that need to be studied. 6 The agenda information for the special meeting is not included in this packet but will be delivered at a later date. I i B m E N } Y Q � � � Y 0 O a� Q / / / 6 / Q~ I u P N V w M m M M F 0 N 1 P� N m n Au �: J r'7 M Y 3 Q`O• 2 J / 2 g OPO V W ,--V Q SANDTRAP �/J CI 0 Y tl1J v 13gb3� // � $ e Q \ 0 ? 3 t < J w / / \ Q ■ } \ / _ . � . \ � �« §& - 7 �r� < < . \3 §\ \ \Q J </§ : � a: Council Agenda: May 26, 2009 9. Consideration of adoption of resolution authorizing submittal of application for Economic Stimulus Funding Supporting FiberNet Proiect and related actions. (JO) A. REFERENCE AND BACKGROUND: The City Council is asked to provide final authorization to submit an application for funding of the Fibernet project discussed at the special meeting of the City Council on May 20~'. As you recall, this meeting occurred at the head-end building featuring a tour of the facility along with a description of a modified project concept adjusted to meeting the goals of a Federal Grant program. The project that will be proposed for grant funding, though shovel ready, is a different project than the first rendition of FiberNet Monticello. As noted earlier, the grant program provides 4.5 billion to be distributed throughout the country with a 80%/20% match. The goals identified in the legislation establishing the fund on which applications will be evaluated include utilization of ultra-fast broadband speeds to enhance delivery of important services in our society including education, health care, public safety and government. In order to more fully accomplish the objectives of the federal legislation and associated grant program award criteria, the service footprint has been shifted to cover significant areas of the community outside the City boundaries. Please note that the service area identified in this report could possibly be adjusted depending on the yet to be released final criteria for evaluating projects. The 20% matching contribution would therefore shift accordingly. Our intelligence sources tell us that the grants will be awarded on a first in, first out basis and therefore it is very important for an application be completed and submitted to Washington as quickly as possible once the application materials are available. It is expected that the application materials will be available some time between May 27'h and June 16. Having approval in advance of the concept is necessary in order to complete an immediate "turn- around" on this shovel ready project. Although much was covered at the workshop, a few developments have occurred since the previous meeting and are discussed in detail below. Reaching Vulnerable Populations Finding ways to bring service to vulnerable populations is important to the community and is likely to be an important criteria in the evaluation of applications. FiberNet has the potential to improve the community's quality of life by providing affordable, accessible and relevant fiber optics service and resources to populations who otherwise do not have the resources or education to use the technology. Vulnerable populations include those that have not adopted the technology due to factors including lack of financial resources, lack of exposure, or lack of training and education. These reasons prevent members of the senior community and lower income families with school-age children from accessing technology that can provide benefit and opportunity. Based on survey information gathered in 2007 as part of the fiber feasibility study, this group represents almost 30% of Monticello's population. Strides have been made toward development of a program to meet the needs of these underserved community members. FiberNet has focused in on the potential establishment of a relationship with anon-profit group that specializes in working with communities to bridge Council Agenda: May 26, 2009 the digital divide. The company, "One Economy", is preparing a proposal for working with Monticello to build a program that helps close the gap for those who have not adopted the technology. One Economy's framework features close coordination with the Monticello School District in developing a "Digital Connectors" program. The program trains school-aged youth to go out into the community to help others grasp and adopt the technology. The program also includes opportunities for these students to gain valuable experience with hands-on technology curriculum and digital civic journalism. In exchange for their efforts, Digital Connectors receive the benefit of a free lap-top computer, a stipend (yet to be determined) and the value of the experience. One Economy's program has proved to be incredibly effective. In a cited case study, high school proficiency scores increased from 53% to 78% after the first full year of the Digital Connectors program. The costs associated with the program will be folded into the grant package. Monticello can customize the Digital Connectors program to best meet FiberNet Monticello's and the school district's common goals. Jim Johnson has been working with us in reviewing the potential for development of this program and it is likely that a presentation will be made to the school board very soon. Further supporting digital adoption for all, the FiberNet grant proposal will incorporate plans for purchase and distribution of computer equipment distribution at a reduced cost to those that qualify. The grant will also include a component for development of a program that offers reduced rates and Internet service to underserved populations. These objectives will further increase the availability and accessibility of technology adoption. Incorporation of Wi-Fi Overlay for Public Safety At the Police Commission meeting on Wednesday evening the project was reviewed by the Police Commission with discussion focusing on utilization of this resource to assist patrol officers in their duties. In the discussion it was noted that the presence of a fiber backbone extending into adjoining portions of the township would provide the foundation for development of a high performing wi-fi system that could be used by police and fire (not to mention other mobile applications). Lap-top computers and other mobile devices are already being used with some degree of success by law enforcement but such devices are limited due to lack of speed. The Police Commission suggested that the City seek ways to fund incorporation of wi-fi into the project. Resolutions or letters of support from area organizations Letters or resolutions of support from commissions, area agencies, governments and service providers are good to include in the application packet. A strong effort is being made to obtain documentation in time for submittal of the grant application. Documentation of Support in Place. Wright County Board of Commissioners Wright County Economic Development Partnership Council Agenda: May 26, 2009 Monticello Industrial and Economic Development Committee Minnesota Work Force Center Monticello Community Center Advisory Committee River Rider St Benedicts Senior Community Monticello Senior Center Police Commission pending integration of wi-fi Xcel Energy Monticello Higher Ed Committee Contacts or Presentation Made with Follow-Up Needed. Monticello School District Monticello Hospital District Buffalo Clinics Monticello Township Becker Township Big Lake Township Swan River School Representative Monticello Fire Department Great River Regional Library Presentations to be Made EDA Planning Commission Ecumenical Association Included in recommended actions requested with this agenda item are other important Council actions. 1. Motion to award the bid for the 2009 Fiber-to-the-Premise project, City Project No. 2009-02C, to MP Nexlevel of Maple Lake, Minnesota, contingent on successful project financing. On March 9, 2009 the City Council authorized preparing plans and specifications for the 2009 Fiber-to-the-Premise (FTTP) project and advertising it for bids. The proposed initial phase of the project includes city limits only and involves construction of approximately 95 miles of fiber optic cable, including the installation of various cabinets, hand-holes and pedestals, for the City's fiber optic network. This project will encapsulate the previous fiber backbone project and includes a fiber drop to every address. Bids for this project were received and publicly opened at 1 pm on Wednesday, May 6, 2009. The City received three competitive bids. MP Nexlevel of Maple Lake, Minnesota, who was the contractor on the previous fiber backbone project, submitted the lowest base bid at $9,345,427, as well as the lowest prevailing wage bid at $9,945,014. The Engineer's Estimates for these bids were $11,339,237 and $12,473,161 respectively. It should be noted that at the time the project was bid it was not known whether prevailing wages would be Council Agenda: May 26, 2009 required, but since federal funding is involved it was assumed they would be. All bidders were therefore asked to submit two bids to cover either option. The Engineer's Letter of Recommendation and Bid Tabulation are both attached as supporting data. Construction will commence immediately upon obtaining financing which staff anticipates will occur in June. All work is scheduled to be completed by November 26, 2010. Bids may not be withdrawn for a period of 90 days from the date they were opened so the City can officially award the project at any time up until Wednesday, August 6, 2009. Having a qualified contractor on board at a reasonable price through 2010 is an important advantage as it is likely that fiber installations requiring such services will be in high demand once the grant funds are made available nation-wide. Having the project bid and ready to start is clear evidence to the Federal Government of our shovel ready status. Please note that the bid does not include the cost to extend services beyond the City limits. For the purpose of the grant application these costs will be estimated based on the current bid plus other factors. The NTIA funding must be spent within two years after award of the contract. This means we can use the construction bid in place to be "shovel ready" to build immediately in the first construction year, and then we have until the second construction season to be ready to finish construction outside the City limits. Thus the outside City limits phase would require a second bid. 2. Motion authorizing initiation of hiring process -Service Technician In order to hit the ground running once the grant funds have been awarded, and in order to fully operate the existing fiber backbone, it is important that the City initiate the hiring process of a service technician at this time. Funding for this position and others created when the project is awarded will need to be provided via funds on hand and later repaid with proceeds from revenue generated by the project. This employee would stay on with or without funding of the larger project. It should also be noted that City staff is working hard toward development of a great grant application which does take considerable time and effort. The cost of this effort is being tracked and is also eligible for repayment from project proceeds. 2. Motion authorizing City participation in funding 20% match As was noted at the meeting at the head-end building, there are funding mechanisms available for borrowing the 20%. The City could issue a new smaller revenue bond to pay for its 20% match and to reimburse the City for any costs already incurred or not covered by the grant. This assumes the City prevails from the current legal challenge. A general obligation instrument due to its lower interest rate provides a better business option for funding the 20% and is not subject to the outcome of the legal challenge. The instruments would require a general obligation backing, which would actually be better because these instruments result in lower interest rates. Also the risk to the taxpayer that comes from the general obligation backing is mitigated by the fact that the value of the system far exceeds the general obligation debt. Council Agenda: May 26, 2009 Since the new bonds used to finance the system will be smaller than the current bond issue, and with the use of grant funds to construct the system, the enterprise would generate revenues quicker than the original project did. The debt instruments used could be shorter- term bonds than the current issue, which makes the system more profitable. It is projected that the application will include a commitment to starting construction as soon as the grant award is made but before grant funds are in hand. This commitment would only be made if it was clear that construction and associated expenditures would be eligible for reimbursement through grant proceeds. This commitment is a true indicator of "shovel ready" status and could greatly enhance the application relative to others. B. ALTERNATIVE ACTIONS: Motion adopting resolution authorizing submittal of application for Economic Stimulus Funding Supporting Fibernet Project and related actions. 2. Motion to adopt resolution but deny or modify related actions 3. Motion to deny authorization to submit application for Economic Stimulus Funding and associated deny approval of related actions. C. STAFF RECOMMENDATION: There are a number of benefits of winning a grant: • A large percentage of the project already contemplated by this council will be funded for free from the grant funds. • The grants will allow the system to be extended outside the City limits which adds to the value of the project to the community and adds economy of scale to the project .Essentially, the more homes on the system, the lower the cost to serve each home. • With federal grant money the project has an easier path to success. The number of customers needed to reach `breakeven", that is the point where the customer revenues will cover debt cost, will be far lower than the original project. • The value of the system after completion will be far greater than the 20% investment. There is great potential that the project when completed and operational will provide a telecommunications platform second to none for facilitating the accomplishment of economic development and societal goals identified both by the community and in the federal legislation. D. SUPPORTING DATA: Powerpoint presentation (at the meeting) One Economy Resolution Letters of Support or Resolutions in place at this time Letter of Recommendation Bid Tabulation DigitalConnectors Producing Next Generation Leaders and Communities Frequently Asked Questions What kinds of things does a Digital Connector do? • Develop leadership, technical, and service skills. • Map the community and create a technology resource guide for residents' use. • Provide tech training and support to residents and community groups. • Help connect residents to computers and the Internet. • Provide computer diagnostic, repair and upgrade services. • Use digital media to record how technology is helping their community. • Promote the Beehive as an e-learning resource to local residents. • Create original content for the local Beehive and the Connector's Club. How is a Digital Connector program different from other youth programs? The Digital Connectors program goes further than just teaching youth technology skills. The program prepares youth to be leaders in creating a new digital culture-a way of being-in their own communities. They connect their neighbors to computers and the Internet, while building stronger community relationships. Digital Connectors gain youth leadership skills, new experiences, and a chance to serve the community. Being a Digital Connector can help young people make decisions about their futures -what to do with their lives and how to achieve their goals. They learn to make decisions, work in hands-on learning positions, become team players, and contribute to a positive change in their own communities. They also learn about career opportunities through site visits to technology companies, job shadowing experiences, and campus tours. Who can be a Digital Connector? The minimum requirements are: 1. To be a young person between the ages of 14 and 21; 2. To be currently enrolled in high school, a GED program, or a 2-year or 4-year college; or, 3. To have received a HS Diploma or GED. The most important quality in a candidate is the desire to learn, to be a leader, and to serve the community. Working with computers is fun, but it's not all about computers. It's also about people and helping to make the community a stronger place with better opportunities for everyone. While previous experience with technology is a plus, it's not a requirement. Do Digital Connectors get paid? Most programs leverage local youth employment dollars to compensate participants. Others provide a modest stipend or incentives, such as a new computer, upon successful completion of the program. How long is a Digital Connectors program? Most Digital Connectors programs last 6 to 8 weeks usually over the summer months, engaging youth 15 to 20 hours per week. After school programs continue through the rest of the year for 8 to 10 hours per week. Digi tal Canneciors One Economy Corporation Program Affiliate Manual About One Economy Corporation One Economy, founded in 2000, is the world's leading technology focused nonprofit organization. Our mission is to connect low-income people and communities to the 21St century by catalyzing wide scale access to broadband, computers and online educational content. We have helped bring broadband into the homes of low-income people, and our signature Beehive web site has been visited by millions of people. Our work has taken root all across the country, and is rapidly expanding to other countries. For more information, please visit our corporate web site, www.one-economy.com. The Digital Connectors Program One Economy's Digital Connectors® program is a best practice, youth development movement that engages teens and young adults, ages 14-21, in leadership development, digital education, life skills management and community service. By learning and involving themselves in their respective communities, taking field trips to high tech companies and hearing from emerging leaders, youth are able to hone technical competencies and grasp lifelong principles that inspire educational advancement and workforce preparation. Our ideal reward to students is computer hardware, coupled with an affordable solution for in-home Internet access. At One Economy, we want to promote that every household have access to the Internet and hardware; and every child reap the social and economic benefits of new technology. Purpose of this Manual Digital Connector programs are running all over the country. To ensure consistency and support of program activities, the Digital Connectors' Program Affiliate Manual is designed. to set the parameters for planning and launching a successful program. Every affiliate should have a copy of this manual and, when needed, your Regional Director can walk you through its contents to make sure your organization is supported in this tremendous endeavor. We're excited that your organization has joined us in our national movement to prepare youth and their communities for the 21St century! One Economy Corporation Digital Connectors Program Manual - Nlarch 2008 DigtatConnectors One Economy Corporation Program Affiliate Manual Core Program Values Youth in One Economy's Digital Connectors Program represent themselves, their families and communities. They are inspired to use technology to change themselves, their communities and their world. Youth considering involvement in the program must have: • A desire to be the best and complete tasks with excellence; • A willingness to learn how to best use and leverage technology to nurture more sustainable and viable communities; • An interest in becoming a better leader and professional, especially in the field of digital technology; and • A commitment to reach in and give back to their respective communities. The Digital Connectors program is a movement to raise the bar among our teens and pre-teens, and to equip young people with the tools, especially computer hardware and broadband access, to be effective in our changing society. Program Competencies The Digital Connectors program has six key focus areas: Arts and Digital Media; Civic journalisnc; Computer Distribution and Refi~rbishncent; Communinj Broadband Expansion; and, Community Marketing and Training. One Economy has robust curriculum, experiential learning exercises and audiovisual supplemental materials in each area available for your organization to access. 0 Arts and Digital Media -Digital Connectors are taught the basics of graphic design, visual arts and new media. Youth use the various technologies to create an authentic voice for themselves and their respective communities. Student projects in this area have included personal documentaries, web page design, community newsletters and music recordings. 0 Civic Journalism -Digital Connectors learn how to create their own perspective of their communities, their neighbors and themselves. Youth are also able to develop a message about their world. Youth are exposed One Economy Corporation Digital Connectors Program Manual -March 2008 ©igitatConnectors One Economy Corporation Program Affiliate Manual to leading journalists to learn how taught how to project their voice virtually through podcasting, blogging and personalized web pages. One Economy's 247 Town Hall (www.247townhall.org), avirtual meeting place for civic engagement, issue resolution and community building, is a vital part of the experience in this competency. Student projects in this area have included ayouth-led town hall forum, video footage documenting neighborhood legacies, and contributions to local newspapers. 0 Computer Distribution & Refurbishment -Digital Connectors aid in the distribution of computers- new or refurbished to families in need. Working with other community based organizations or in affordable housing, youth are engaged in computer fairs that promote ownership of new and refurbished hardware. Youth also receive training on how to repair and restore donated computer equipment for redistribution to their communities. Student projects in this area have included computer fairs at local schools, sales centers at local Habitat Restore centers, and internships with area computer refurbishers. 0 Community Broadband Expansion -Digital Connectors are also trained on how to install and troubleshoot wireless networks. Learning telecommunications fundamentals and gaining hands on experience in communities where robust wireless network exist, youth gain experience in fiber optics and low voltage wiring. Student projects in this area have included the installation of wireless routers, nodes and cards; and user support. 0 Youth Entrepreneurship -Digital Connectors represent the next wave of business owners and investors in our society. In this program area, we offer youth basic principles on business development and support their creation of industries that support community economic development. Youth engage in a comprehensive asset mapping to better understand the types of opportunities needed in their local economy. Student projects in this area have included the sale of wireless services and computer hardware and technical consulting. One Economy Corporation Digital Connectors Program Manual - Nlarch 200& Digita~Connectors One Economy Corporation Program Affiliate Manual 0 Community Marketing & Training -Digital Connectors are taught how to develop a marketing campaign in their neighborhoods to raise the awareness of digital technology and its community benefit. In this area, youth train their neighbors on One Economy's web properties, help promote computer distribution programs, and plan community events to build local literacy in computers and the Internet. Student projects have included planning and hosting community wide digital literacy events, sharing tips on Internet safety with local residents and tutoring younger youth on software applications. Regional Directors can support your organization as you structure a Digital Connectors program that encompasses one or more of these program areas. One Economy offers consulting services in the area of program design, implementation and evaluation. The program areas are complemented by a series of leadership and life skills management workshops. These workshops are designed by One Economy and are available to your organization for use. 0 Leadership Development -Digital Connectors learn the values for being an effective leader in their community. Through activities that foster lessons on teamwork, conflict resolution, diversity and communication strategies, youth receive the resources that enable and empower them to be social change agents. 0 Life Skills Management -Digital Connectors gain insight into what makes a solid work ethic and get prepared for the work place. Youth leaders learn how to manage their money, create a resume, apply solid interviewing strategies and other necessary life skills to be effective now and in the future. From time to time, One Economy also has our own special initiatives that can involve your organization. In these special initiatives, Digital Connectors have supported One Economy's national and international programs and services. In some cities, youth are promoting the organization's media properties like the Beehive (www.thebeehive.or~), Zip Road (www.ziproad.org), 247 Town Hall (wwtiv?47TownHali.or~). These web sites are available in most major markets One Economy Corporation Digital Connectors Program Manual - Niarch ?008 . ` ~z$:2:7~~ IT~t~~r: ~ Economy Corporation A Renlicable Model: Greene_County, North Carolina Greene County, North Carolina is a rural, economically distressed county in the eastern portion of the state. According to the 2000 U.S. Census, 20.2% of the county's population lived below the poverty line, a number that is notably higher than national statistics and only 8.2% of the population had a bachelor's degree or higher, another staggering statistic when compared to the national rate of 24%.' However, through Greene County's collaboration with One Economy Corporation, amulti-national nonprofit organization, significant positive changes have occurred throughout the community. Beginning in November 2003, a diverse team of stakeholders, including the Greene County local government, the school system, grassroots leaders, and social service providers, used technology and its tools to positively impact the pressing economic needs in the area. The technology infusion began at the school-level by bringing Apple I-Books to each 6th through 12th grader in the County. However, the schools and the community quickly realized that without broad-based, affordable access to the Internet, the benefits of technology would be severely limited in the community. In November 2003, Greene County Leadership began working with One Economy to help develop Internet tools and content for the community. Over the next 24 months, Greene County developed free Internet hotspots at schools and fire stations. The County then contracted with Internet Service Provider, Wavelength, to create a municipal broadband solution for the entire County. Today, all of Greene County now has affordable !high-speed access. Moreover, Greene County launched acounty-specific Beehive web site which includes non-tobacco agriculture options, online marketplace, small business development, and career-building opportunities (www.beehivegreene.org). Through this site, Greene County residents are actively participating in the local election process, discussing health issues with medical experts from East Carolina University, and learning about educational opportunities in their community. The site is pioneering web-based solutions for rural America through locally-generated content such as the "Greene County Marketplace" and "Pest Alert." This web site is made available through acounty-wide deployment of affordable broadband service and a mobile training lab which is used by faith based institutions and community organizations to train their clients on how best to use this new technology. Furthermore, Greene County has 31 technologically trained young people that are working throughout the county to teach others how to use the site and become a part of the 21~t century technology economy. A screenshot of the Greene County Beehive is below: Fr eec w. rwc.. r~ rrr, ~' i ~M1ppJ~.w....tleEwlwv o.~fwpl.t.s~q^~/U.Fa~.MV.A.9N0~1 .. .. ~®Go 'a^As~ ~r" __ ~„~[~` ! ,G 9ee.A 7r. ~I TS{hbbd_ ",~ ~I t.4 Md.^Ic ~ .~ ~.._: ~.®(bbtu r _ ~~ _ . k _ _ .. _ _ __ ;I ' II l I .~. 'f•• I ~ i i 1; f ~ ~ LHi.o~u __ ~:.~ -t= - _ _ _ i ~%irrueti ~ ~ -.- Abaxltie Gwir '. c iaei.i ~r4yy; - ;~ ~ a>' .. n.Om A.wte~u.txs ~twyetabtawwtr `~, + ~ .~: c ~ vk~ w Zoos w.eey Awrd w~r~sq Wa yam; 0~4+<<tO~Ur ~ ._ ._... _______~_~_..._--.---_ _. __-._,_.__.--__T.._--..-___~ .. ! ~ -- - .. __r ... ___-...-_....~---...~.._. _. ~ , ! tipsnt. The success of technology infusion has greatly impacted all sectors of the Greene County community: Improved Broadband Availability • 400 households are now connected to the Internet and nearly 200 households are waiting for connection on the county's wireless. Greene County schools and government are the anchor tenants. • 89% of Greene County has access to broadband • Nearly 25% of the households have purchased broadband for their home • Embarq, with approx. 500 customers, has increased its coverage area, providing more competition and choice for residents. • More than two dozen church and community buildings have become hot spots for free internet access. • More than 600 residents have received free computer training. 30% of the people trained were senior adults. • Residents share service with neighbors--early beginnings of community wireless. Building a Digital Community in Greene Countv • The Greene County's Beehive (www.beehivegreene.org) received 4000 hits in it first month and 200 unique visitors use the site weekly. With only 1000 households connected to the internet, this represents 25% usage of the site each month. • 111 Digital Connectors are involved in the program providing computer training to Greene County residents. They have logged 1000 hours of teaching and business and technical support to date. Impact in Schools • 1600 students have their own laptops (in grades 6-12). 93% of these computers travel home with the student every evening. • High school SAT composite scores increased 41 points in 2 years from 930 to 971. • 84% of the 2007 senior class applied to college, compared to less than 26% the year prior to the Tech program's launch in 2003 • High school proficiency scores increased from 53% to 78.4 % in the first year and they have met adequate yearly progress each year. • Decrease in student drop out rate. • Increase in Honors Courses taken due to classes being offered online with other educational partners. • Teenage pregnancy dropped from 2nd in the state to 18th (out of 100 counties) • Higher parent /community confidence Economic Impact • 20 new businesses were attracted and opened in Greene County in 2 years, reversing several years of negative business growth. • Before Beyond Tobacco, less than 5 of the 200 small businesses had websites. In the second year, nearly 25% of the county's small businesses have websites and most are reporting increase revenues due to their online presence. • In 2007, 2 companies reported 50% growth in sales due to online purchases and marketing. The success in Greene County is due, in part, to the partnerships One Economy creates with local residents and diverse groups of stakeholders and the work that we do by providing access to technology and the Beehive. In the course of our work in Greene County, One Economy facilitated the county's transformation from what had been a historically tobacco-dependent agrarian lifestyle to one rich with the enhancements of technology. In partnership with the Greene County local government, the school system, grassroots leaders and social service providers, One Economy set out to plan, develop, and launch a digital community in Greene County, North Carolina. Through our work in the county, One Economy and its partners accomplished the following objectives: • Improved communications infrastructure. In order to address problems of access and lack of hardware that would be necessary for the creation of a digital community, One Economy worked with the community to contract a wireless company to build an Internet network that covers the county. This county-wide deployment of affordable broadband service made it possible for 90% of the residents in Greene County to get affordable high-speed access. • Encouraged the growth of small business and agricultural enterprises. See the below description on the Greene County Ag Center and the Entrepreneur's Center, located on the Beehive (www.beehivegreene.org). • Used technolooy as an accelerator for educational advancement. To integrate technology into Greene County schools, Apple computers worked with the school system to develop a program where laptops were provided to every 6-12 grade student, teacher and administrator. One Economy created relevant education content on the Beehive allowing students and parents to access educational resources and homework help. • Built a replicable model for other rural communities. Greene County, North Carolina and the immense success that One Economy's pioneering work there achieved is proof of the positive impact that the "Digital Community" model can have on a region. Today, Greene County residents have more opportunities to live, work and prosper than they had 5 years ago. Thanks to a committed and visionary leadership team in Greene County, the commitment of key partners and the technical assistance of One Economy, the future of this rural community is brighter. We believe that the Greene County model that can be implemented successfully in other communities. ' Greene County Chamber of Commerce. Accessed on 6/19/2006. Available online at htto://www.oreenechamber com/communityprofiles ourcounty oho CITY OF MONTICELLO RESOLUTION 2009-28 IN SUPPORT OF A BROADBAND TECHNOLOGIES OPPORTUNITIES PROGRAM (BTOP) GRANT APPLICATION THROUGH THE NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION (NTIA) WHEREAS, the effort to promote long term economic and social health of the community through development of a fiber-based telecommunications system was initiated by concerned citizens and members of the business community, and WHEREAS, the City Council, in response to this concern, conducted extensive research into the feasibility of constructing and operating apublicly-owned fiber optic system and found that establishment of a publicly-owned system would result in an enhanced economic climate through lower telecommunication costs and greatly improved speed without the need for a tax subsidy, and WHEREAS, a preliminary plan for developing apublicly-operated telecommunication system was reviewed by the community and an associated vote of the electorate was approved by a wide margin, and WHEREAS, the City has pressed forward with further refinement of the project which is now in a virtual turn-key condition by (1) designing and engineering a fiber optic network for every address within the City, (2) development of a complete and sustainable business model, (3) completion of a Central Office and Head-end building, (4) installation of an 11-mile fiber backbone network, (5) establishment of a capable management program through partnership with Hiawatha Broadband Communications, (6) Completion of bidding process resulting in the award of contract to MP Nexlevel pending acquisition of financing, and WHEREAS, the American Recovery and Reinvestment Act of 2009 requires establishment of the Broadband Technology Opportunities Program (BTOP) with the express purposes of (1) providing access to broadband service to consumers in un-served areas; (2) providing access to ultrafast broadband service in underserved areas; (3) providing broadband education, awareness, training, access, equipment, and support to schools, libraries, medical providers, senior citizen groups, law enforcement agencies, and other entities to facilitate greater use of broadband and provide ultrafast broadband access to low income, unemployed and vulnerable populations; (4) improving access to ultrafast broadband service by public service agencies; and (5) stimulating demand for ultrafast broadband, economic growth and job creation, and WHEREAS, the grant award criteria of the BTOP grant program are met by FiberNet Monticello in terms of (1) long term economic development and job creation, (2) essential telecommunications services for all addresses in the service area at amenable prices, (3) local accountability and customer service, (4) utilization of ultrafast broadband technology to spur innovation, and (5) potential for partnerships with our community hospitals and medical facilities, school system, library, public safety departments, and area townships in providing broadband access, and WHEREAS, a wide variety of local businesses, residents, service and government organizations have expressed support for an application for grant funding by FiberNet Monticello, and WHEREAS, Federal funds under the BTOP program are needed in order for the project to proceed; NOW, THEREFORE, BE IT RESOLVED that the City of Monticello supports filing of a Broadband Technologies Opportunities Program grant application with the National Telecommunications and Information Administration with the goal of obtaining funding to complete the FiberNet Monticello project and, if awarded, will fund its 20% share. ADOPTED, this 26th day of May, 2009, by the City Council of Monticello, Minnesota. CITY OF MONTICELLO BY: Mayor ATTEST: BY: Jeff O'Neill, City Administrator ~:< ~; c s w:a i~r~ateal A~Siau ke..~;~Ca .~~ Y WO-~l:~i~i?RCE r~~ay, ~~~,~ C;t\[l~tt ~/~ tt~fissir2ti: 1« l~rc~~=ide Ic~<idership that int~gr<itcs tivcrrkfc>rce, eduratic5n ~1nd ecc>nc1~1~1ic ce~;ources fc~r c>ur aan~tnunities. May 12, 2009 I Me~rrtbers 1'rish'taylor, ;~l~tnti<<°ll~f i Clrcxir Jeff O'Neill, City Administrator ~ Elaine Hiet'linger, !~r"iraiet'c>r1 ' ` Mayor and City Council 1 ~ r ce t;lrair 505 Walnut Street, Suite 1 ~ Brian (TL7on,1r~ll, C'~lerrr.oe Monticello, Minnesota 55362 3 Trec~sr~rer Francisccl Altan~iraxlu, Dear Mr. O'Neill: ~ I~frrrurr-er I t\LiCt I7alldt, /11'i11YrCi"llrrrrt The Central Minnesota Workforce Investment Board and Central Minnesota Jobs and Training Services strongly support the FiberNet project proposal for Monticello, ~Llarly~s Dunne., t~ixdstrc~rrr Minnesota. EllnerEiche111erg, t1~'r"i~1at )c~hn Porbcs, LtclrJic~hf This citizen-based initiative, begun in 2005, has strong support from local business and government organizations and is a "shovel-ready" community project. Community ~r"~lI"a~'n~' ~0`~~o~"tl support includes the hospital district, senior communities, senior housing, the Jenny Leabu, Ltrrttfitrzrrn Monticello School District, and the Wright County Board of Commissioners. ~ 3~icha~el Mickcltiun, t=t'rlfrrrr~r High-speed communication capabilities area "must have" for any community Rohert i4lus~rclve, Pure ~tt,~n wishing to position itself for economic survival and growth in the 21s` century. Just ~ Mark iVetzrnger, t~~„~,t„";tt~~ as communities in the 20`'' century developed roads, highways, railroads, and airports, today's communities have the critical need to develop high-speed, dependable Laura Nystedt, liig ~f~:~rke communications infrastructure to attract investment and business. It is the new ~ R~~ciney heclerson, I3uj~rrto cornerstone of economic development and the key to a community's ability to thrive ~ 17ennis Peterson, ~hieer and survive in the global economy. Regions with information technology proficiency and the ability to serve international markets have the competitive advantage. lean 12andt,.1~{orrt Diane Schulte, 11'itl~rnrr This fiber optic connectivity proposal and grant opportunity comes at a critical time dark Sestcln, .~tFlapte LJrke for the Monticello area. Located in Wright County, this once growing and thriving i community has been severely impacted by the 2008-2009 recession. The unemployment ~ ~-ynthla Share, t3ecker rate is 11.1% and rising, up from 6.6% just one year earlier and up from 4.2% in 2007. ~ Wright County also has one of the highest home foreclosure rates in the state. Asa result, the Monticello WorkForce Center has seen a huge influx of job seekers requesting ~ 1'.<7.13trx'2Q ^ ~ic1n{icellcr,,'Yl\ • ~~3G2-Q72{) ^ (763)2it-37(){) ^ {763)271-37{11 t1x ~ ~ yj~~j {'~i /~ ~~`1Vt~'.tnlltti.Or~;~11't~t)llt1Cil.l1{111 t{! L / 6 ~/ C/~A/s Mr. Jeff O'Neill May 12, 2009 Page 2 employment services and, as such, we are acutely aware of the need to attract and retain good jobs in this community. We believe building an improved information technology system will not only help create jobs now, but will lead to long-term business recruitment and retention success. Sincerely, _~ Tri aylor, Chair Central Minnesota Workforce Investment Board ~~ Barbara Chaffee, CEO Central Minnesota Jobs and Training Services Resolution on Wright County Broadband Infrastructure Whereas, broadband telecoznznunications access is broadly acknowledged as a vital part of a comixzunity's infrastructure, similar to streets, lughways, and airports; and Whereas, broadband access is a vital cozxzponent of economic development, distance learning, tele-health and other services; and Whereas, private and public institutions in the County could leverage a common broadband infrastructure and accordingly provide its citizens faster and higher quality services; and Whereas, broadband infrastructure projects conducted to-date in Wright County have not been coordinated and optimized county-wide; and Whereas, substantial savings can be realized by coordinating the laying of fiber optic cable in conjunction with highway, utility, and other earth removal projects; and Whereas, the City of Buffalo and the City of Monticello have funded and developed successful broadband infrastructures within their respective jurisdictions; and Whereas, the MN Legislature has enacted legislation to create a High Speed Broadband Task Force with the task of presezating a plan for astate-wide ultra high speed network to the Governor by November 1, 2009; and Whereas, federal economic stimulus funds have been made available for broadband infrastructure projects, Now, Therefore Be It Resolved that the Wright County Board of Cozrunissioners: Endorse the City of Monticello's application for federal stimulus funds for flee expansion of its ultra-high-speed (up to 100 megabits) broadband project "FiberNet Monticello"; and Endorse the ongoing exploration of opporhuvties involving broadband infrastructure initiatives and related benefits. Passed, Approved and Adopted this 14~ day of April, 2009. BOARD OT+' COUNTY COMMISSI01VIi;RS WRiGHT COUNTY, MINNESOTA Date: April 14, 2009 Motion by Commissioner Thelen Resolution No. 09-20 Seconded by Commissioner Eichelberg Resolution on Wright County Broadband Infrastructure (See Attached) YES NO THELEN X THELEN SAWATZKE X SAWATZKE RUSSEK X RUSSEK EICHELBERG X EICHELBERG MATTSON X MATTSON STATE OF MINNESOTA} ss. County of Wright ) I, Richard W. Norman, duly appointed, qualified, and acting Clerlc to the County Board for the County of Wright, State of Minnesota, do hereby certify that I have compared the forgoing copy of a resolution or motion with the original nunutes ot'`tlie`pri~cpedings of the Board of Commissioners, Wright County, Minnesota, at their session held on thel~tl~-day of April, 2000, now on file in my office, and have found the same to be a true and correct copy thereof. Witness my hau~a and off c}al Seal ~at Buffalo, Minnesota, this 14th day of April, 2009. C tY Coordinator RESOLUTION ON BROADBAND INFRASTRUCTURE BY WRIGHT COUNTY ECONOMIC DEVELOPMENT PARTNERSHIP WHEREAS, broadband communications access is widely acknowledged as a vital part of a community's infrastructure, similar to roads, highways, utilities, and transit systems, and WHEREAS, broadband access is a vital component of economic development, job creation, business retention, government, transportation, distance learning, health care, and other community services, and WHEREAS, private and public institutions in Wright County could greatly benefit from a common broadband infrastructure and, in turn, provide ultra fast and high quality services to businesses and citizens, and WHEREAS, the City of Monticello has endeavored to develop aworld-class ultrafast broadband network by (1) designing and engineering a fiber optic network far every address in the community, (2) development of a complete and sustainable business model, (3) a successful revenue bond sale of $26 million, (4) completion of a Central Office and Head-end building, (5} installation of an 11-mile fiber backbone network, (6) effective and expanding marketing efforts, (7} operational and management team in place, (8} connectivity to the outside world, and WHEREAS, federal economic stimulus funds have been made available far broadband infrastructure projects; NOW, THEREFORE, BE IT RESOLVED that the Wright County Economic Development Partnership supports the City of Monticello in filing a Broadband Technologies Opportunities Program grant application with the National Telecommunications and Information Administration with the goal of obtaining funding to bring ultrafast broadband to the community. ADOPTED, this 11~~day of 2009. ~~~-~3~ BY: ~.~~ Board air ATTEST: BY; INDUSTRIAL & ECONOMIC DEVELOPMENT COMMITTEE IN SUPPORT OF A BROADBAND TECHNOLOGIES OPPORTUNITIES PROGRAM (BTOP) GRANT APPLICATION THROUGH THE NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION (NTIA) WHEREAS, the City of Monticello desires to build out its full fiber optics telecommunications system, also known as FiberNet Monticello, as aself-supporting enterprise of the community, and WHEREAS, the American Recovery and Reinvestment Act of 2009 requires establishment of the Broadband Technology Opportunities Program (BTOP) with the express purposes of (1) providing access to broadband service to consumers in un-served areas; (2) providing access to ultrafast broadband service. in underserved areas; (3) providing broadband education, awareness, training, access, equipment, and support to schools, libraries, medical providers, senior citizen groups, and other entities to facilitate greater use of broadband and provide broadband access to low income, unemployed and vulnerable populations; (4) improving access to broadband service by public service agencies; and (5) stimulating demand for broadband, economic growth and job creation, and WHEREAS, the grant award criteria of the BTOP grant program are met by FiberNet Monticello in terms of (1) long term economic development and job creation, (2) essential telecommunications services for all residential and business addresses in the service area at amenable prices, (3) local accountability and customer service, (4) utilization of technology which provides infinite possibilities, and (5) partnerships with our businesses, community hospitals and medical facilities, school system, library, public safety departments, and area townships in providing broadband access, and WHEREAS, the inception of FiberNet Monticello was a direct result of the Industrial and Economic Development Committee (IEDC) requesting faster data speed services brought to local businesses; WHEREAS, the citizens of Monticello support the concept of FiberNet Monticello as shown by the referendum vote in September of 2007 and through surveys taken in Fall of 2006 and Fall of 2007, and WHEREAS, local businesses, residents, non-profit organizations, K-12 and Higher Education entities, and the medical facilities within the community have expressed support of FiberNet Monticello, and WHEREAS, the City has endeavored to subscribe to the wishes of the voters by (1) designing and engineering a fiber optic network for every address within the City, (2) development of a complete and sustainable business model, (3) a successful revenue bond sale of $26 million, (4) completion of a Central Office and Head-end building, (5) installation of an 11-mile fiber backbone network, (6) effective and expanding marketing efforts, (7) operational and management team in place, (8) connectivity to the outside world, and WHEREAS, the $26 million in bond funds, that were placed in escrow in June 2008 due to a legal challenge filed against the City, may not be available for funding of the FiberNet Monticello project as originally intended, and WHEREAS, the City seeks an alternate funding source for the FiberNet Monticello project and has at its disposal the ability to meet the 20% match as defined in the grant guidelines; NOW, THEREFORE, BE IT RESOLVED that the Industrial & Economic Development Committee supports the City of Monticello in filing a Broadband Technologies Opportunities Program grant application with the National Telecommunications and Information Administration with the goal of obtaining funding to complete the expanded FiberNet Monticello project. ADOPTED, this j'~il day of /~~ , 2009, by the Industrial & Economic Development Committee of Monticello, Minnesota. CITY OF Mg'NTICELLO BY: Chair ATTEST: May 21, 2009 Jeff O'Neill, City Administrator Mayor and City Council 505 Walnut Street, Suite 1 Monticello, Minnesota 55362 Dear Mr. O'Neill: Xcel Energy Corporation supports the FiberNet project proposal for Monticello, Minnesota. High-speed communication capabilities are a critical component to any smart grid-enabled future. The smart grid will help bring us closer to meeting our growing energy demands, address environmental challenges, maximize available resources and optimize the entire energy system. The fiber optic connectivity proposal and grant opportunity could open the doors to providing our citizens with: - More intelligent power - Operational savings - Customer choice energy management - Better grid reliability - Greater energy efficiency and conservation - Increased use of renewable sources and support for hybrid electric vehicles and installation of energy efficient home appliances The Monticello FiberNet project grant would demonstrate to other communities how to build a private and public partnership that can improve their economy, decrease their energy usage and improve their citizen's quality of life. Sincerely, Scott Johnson Manager, Community Relations & Local Gov't Relations Xcel Energy S~` n e~ ~~ on ~-~s w ~.. ~,onticell Senior L'enter May 20, 2009 Pam Loidolt, Director Monticello Senior Center 505 Walnut Street, Suite 3 Monticello MN 55362 RE: FiberNet Monticello Project Dear City Council, Monticello Senior Center 505 Walnut Street, Suite 3, Monticello, MN 55362 Phone (763) 295-2000 • Fax (763) 271-7118 The Monticello Senior Center would like to add its support to the FiberNet Monticello project. We endorse bringing ultrafast broadband to every home and business in the Monticello community to offer competitively-priced communications services locally. This essential service will be a great incentive to recruit and retain businesses and industries that serve the Monticello area as well as offer a variety of new opportunities to benefit the community. Furthermore, the Senior Center recognizes the benefits that ultrafast broadband can bring to its facility and to seniors in the area including: reliable and on-demand Internet access; instant and fast electronic communications with the outside world; online books, videos, and courses; interactive web streaming; local community programming; and many custom applications that will enable a variety of opportunities for the entire community. In 2008, the Senior Center welcomed 2035 individuals that participated in a wide variety of programs, activities and events. They are looking forward to interacting with other generations for technology training and utilizing the many aspects of ultrafast broadband that would enhance livability for seniors. The Monticello Senior Center is excited to endorse the City's efforts to construct and implement a fiber optic network to every address and supports the application for grant funding through the Federal Broadband Stimulus Act. Sincerely, • ~,~~~ cUlprl~lLl~~a~ O ~~~ ~ ~ ~~~`eth"'~' {'un foc gig<~°~~ May 19, 2009 Monticello Community Center Advisory Board 505 Walnut Street W Monticello, MN 55362 RE: FiberNet Monticello Federal Broadband Stimulus Grant Dear City Council, The Monticello Community Center is the nucleus for Monticello and surrounding communities. Approximately 200,000 local citizens and businesses utilize our building on a yearly basis. It is vital to the community centers livelihood that we provide residents and businesses with services that are affordable and easily accessible. Therefore, the Monticello Community Center Advisory Board would like to add our support to FiberNet Monticello to bring ultrafast broadband services to every home and business in the community. This essential service will generate many advanced opportunities and competitiveness for citizens and businesses within the community. The Advisory Board recognizes the benefits that ultrafast broadband can bring to our community including: enhanced distance learning, reliable and on-demand Internet access, video conferencing, cutting edge training modules, advanced higher learning applications, access to vulnerable populations, enhanced local commerce, job creation, and technology tools and custom applications that will enable a variety of learning opportunities and local community participation for citizens and businesses. The Advisory Board is excited to endorse the City's efforts to construct and implement a fiber optic network to every address and support the application for grant funding through the Federal Broadband Stimulus Act. erely, -~. Sandra Theros Monticello Community Center Advisory Board Vice-Chair Monticello Community Center 505 Walnut Street, Monticello, Minnesota 55362 PHONE: 763-295-2954 Fnx: 763-295.7105 • www.monticellocommunitycenter.com ~. ~8~ j'f'~'i ~'~'0'j';`j ~~~~~ ~AA,I• 1Ct ~"'I'I t `f~a ,M':C'~' ~Iav l a, 2009 R~onticello Higher Education Committee SOS walnut Street ~~j Suite 1 Monticello, IIT~ >~362 12 F;: Fiberl~vet Monticello Dear Cit}~ Council, The City of :1~t~nti~ello Higher Education Cornlnittee ~rould like to add its support to tl7e F~iberNct Monticello project. ~~e endorse brit~~ging ultrafast broadband to e~~=cry hcame azltl husi.ness in the Monticello conlnlunity. ~~'e ui~~dcrstand this project is intended to offer cotnlaetiti~~~ely-pried con~n~unications sere=ices provided Locally. This essential service will be a great incentive to recruit and retain businesses and industries in Monticello as well as offer a variety of new opportunities to better serge the colninLtnity. Fuz-ti~errnore, the Higher Edr~catiar~ Cam~nittee reeogniz~s the benefits that ultrafast broadband can brim to our cot~~nzunity including: enhanced distanec learrti7~g, reliable and on-demand Internet access, video conferencing, cutting edge training mcadules, ads}anced higher learning applications, and many additional tech7~lology fioc~ls and custo7~~ application that will enable a variety of learning opportunities for our citizens and businesses. The Higher Education Committee is excited to endorse the City's efforts to construct and implement a fiber optic.network to every address and support the. application for ~~ant funding through the Federal Broadband Stimulus r'~ct. S7lcercl~~. ~~ ..____ . Qllie Roropchak I-tigher Education Cotnn~ittee Chair _. __ „ ~ _ _ ~.?1: .,. ;r.. I ... . ' .~ Flo, .:I. ai_ ,.~t ~~~ ENGtNEERtNG C4RPORATI(?N May 7, 2009 Bruce Westby, City Engineer City of Monticello - FiberNet Monticello 505 Walnut Suite #1 Monticello, Minnesota 55362 RE: Recommendation to select Outside Plant (OSP) Contractor 2009 Dear Mr. Westby, A total of two No Bids, three No Responses and Complete Unit Price Bids were received on May 6~', 2009. These Bids were based on the total number of Units the Engineer conservatively estimates that are needed to complete the outside plant portion of the project. The Bidders included: Bidder Price ^ Grady Crawford Construction Company, Inc., Baton Rouge, LA No Response ^ MasTec -Twin Cities, Hugo, MN Complete Bid ^ Michael's Corporation, Brownsville, Wisconsin Complete Bid ^ MP Nexlevel, LLC., Maple Lake, MN Complete Bid ^ North Central Service, Inc., Clearbrook, MN No Bid • Underground Piercing, Rogers, MN No Response ^ Telcom Constructors, Clearwater, MN No Bid ^ Ervin Cable, Sturgis, KY No Response All Bids were carefully reviewed for conformance with the Bid Documents. To insure that due diligence was performed, the Engineer requested additional information and clarification from some of the Bidders. Base Bid rop otal an MP Nexlevel 6,022,431 3,264,811 58,185 $ 9,345,427 1 Michaels 5,724,996 4,559,550 102,366 $ 10,386,912 2 Mastec 7,063,742 4,224,305 57,591 $ 11,345,638 3 Engineer's Estimate 6,421,692 4,854,818 62,727 $ 11,339,237 Prevailing Wage Bid ro otaC a MP Nexlevel 6,408,016 3,478,239 58,759 $ 9,945,014 1 Michaels 7,390,423 5,476,927 108,328 $ 12,975,678 2 Mastec 8,553,183 5,271,797 58,759 $ 13,883,739 3 Engineer's Estimate 7,063,861 5,340,300 69,000 $ 12,473,161 5524 North County Line Road, Auburn, Indiana 46706 • 260-627-8888 • 260-627-8102 Fax • F..mail address: sdbowles@spectrumeng.com ~ ~ , .. , , ^~ ,,,}_a~,~ Mastec has taken exception to the bid stating that they can not meet the minimum in-house staff composition. Further, they do not state the maximum percentage of work that they intend to outsource. Mastec also takes exception to the 2 year performance bond requirement; opting instead fora 5% maintenance bond for the second year. In addition to the warranty requirements described in the request for bid, MP Nexlevel also offers at no additional costa 3 year material warranty for all service drops and 10 year material warranty for the balance. Based on the submitted documents, and follow-up information, Spectrum recommends FiberNet Monticello issue "Intent to Award subject to successful financing and contract negotiation" to MP Nexlevel, LLC., Maple Lake, MN in the Not-to-Exceed amount of NINE MILLION, NINE HUNDRED FOURTY FIVE THOUSAND, FOURTEEN AND 00/100THS DOLLARS ($9,945,014.00) US. Because the requirement for prevailing wage is not known at this time, Spectrum suggests that the intent to award be made based on the higher dollar amount assuming worst case that Federal grants will require prevailing wage. Actual work performed shall be reimbursed with the appropriate unit price schedule. Respectfully submitted, 6.~r~ ~ Scott D. Bowles, P.E. President Spectrum Engineering Corp. sdb 5524 North County Line Road, Auburn, Indiana 4(706 • 260-627-8888 • 260-G27-8102 Fas • Email address: sdbowles@spectrumeng.com i Council Agenda: 5/26/09 8. Consideration of Award of Bid for 2009 Fiber-to-the-Premise project. Ci Project No. 2009-02C. (BW/DP) A. REFERENCE AND BACKGROUND: On March 9, 2009 the City Council authorized preparing plans and specifications for the 2009 Fiber-to-the-Premise (FTTP) project and advertising it for bids. The proposed project includes construction of approximately 95 miles of fiber optic cable throughout the City limits, including the installation of various cabinets, hand-holes and pedestals, for the City's fiber optic network. This project will encapsulate the previous fiber backbone project. Bids for this project were received and publicly opened at 1 pm on Wednesday, May 6, 2009. The City received three competitive bids. MP Nexlevel of Maple Lake, Minnesota, who was the contractor on the previous fiber backbone project, submitted the lowest base bid at $9,345,427, as well as the lowest prevailing wage bid at $9,945,014. The Engineer's Estimates for these bids were $11,339,237 and $12,473,161 respectively. It should be noted that at the time the project was bid it was not known whether prevailing wages would be required, but since federal funding is involved it was assumed they would be. All bidders were therefore asked to submit two bids to cover either option. The Engineer's Letter of Recommendation and Bid Tabulation are both attached as supporting data. Construction will commence immediately upon successful financing which staff anticipates will occur in June. All work is scheduled to be completed by November 26, 2010. Bids may not be withdrawn for a period of 90 days from the date they were opened so the City can officially award the project at any time up until Wednesday, August 6, 2009. A.1 Budget Impact: This project is proposed to be funded through the economic stimulus program using a mix of 80% federal grant money and 20% local funding. At the time this report was written the application materials for the federal grant program were not yet available so staff was not certain when the federal grant monies might be made available. A.2 Staff Workload: Impacts to City staff will be significant, especially as related to select Public Works and Engineering staff. B. ALTERNATIVE ACTIONS: Motion to award the bid for the 2009 Fiber-to-the-Premise project, City Project No. 2009-02C, to MP Nexlevel of Maple Lake, Minnesota, contingent on successful project financing. 2. Motion to deny award of bid at this time. Council Agenda: 5/26/09 C. STAFF RECOMMENDATION: Staff recommends approving Alternative Action No. 1. D. SUPPORTING DATA: Letter of Recommendation Bid Tabulation