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City Council Minutes 06-08-2015MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, .Tune 8th, 2015 — 7 p.m. Mississippi Room, Monticello Community Center Present: Brian Stumpf, Charlotte Gabler, Lloyd Hilgart, Tom Perrault and Glen Posusta Absent: None 1. General Business A. Call to Order & Pledge of Allegiance The meeting was called to order by Mayor Stumpf at 7 p.m. with a quorum present. The pledge of allegiance was recited. B. Approval of Meeting Minutes ® Special Meeting Minutes from May 26th, 2015 TOM PERRAULT MOVED TO APPROVE THE MAY 26TH SPECIAL MEETING MINUTES. CHARLOTTE GABLER SECONDED THE MOTION. MOTION CARRIED 5 -0. • Regular Meeting Minutes from May 26th, 2015 TOM PERRAULT MOVED TO APPROVE THE MAY 26TH REGULAR MEETING MINUTES. CHARLOTTE GABLER SECONDED THE MOTION. MOTION CARRIED 5 -0. C. Consideration of Adding Items to the Agenda • Council meeting start time (Glen Posusta) • Recycling bins and yard waste (Charlotte Gabler) • Upcoming interviews (Brian Stumpf) • Banning guns on city properties (Brian Stumpf) • Blighted property at Elm and 6th (Tom Perrault) • Call for public hearing on street reconstruction plan (Jeff O'Neill) D. Citizen Comments • Mark Pultusker, FiberConnect President and former FiberNet General Manager, is seeking some answers on payment of invoices in September 2014. A letter he received from Jeff O'Neill indicated that the amount being considered was $171,000. He had submitted a bill for a much larger amount (over $480,000) and actually received a check in the amount of $163,000. Pultusker asked Council for an explanation on why he was not paid for more. Brian Stumpf asked Jeff O'Neill to comment. Jeff O'Neill explained that he would have to look back at the records to verify the payment that was made. He recalled that the City reviewed the billing and determined what they were obligated to pay; they left it up to Pultusker to provide documentation for any further requests for payment. Jeff O'Neill stated this should have been indicated in the letter. City Council Minutes —June 8, 2015 Page 1 1 16 Glen Posusta suggested that city officials meet with Mark Pultusker to discuss this in detail at a separate meeting rather than in a public forum. Mark Pultusker emphasized that he wants to know why it took six months to pay him $160,000 that the City knew he was owed. City staff will look into that. Mark Pultusker stated that, instead of meeting with staff at this time, he would prefer that the City first look over the unpaid portion of the bill and let him know why they dispute the payment of those portions. City staff was directed to go back and review the billing with several members of Council. E. Public Service Announcements/Updates • Walk `n Roll (6/13) — Rachel Leonard gave an overview of the event coming up this Saturday, June 13th from 9 a.m. to 1 p.m. The 20th anniversary of Walk `n Roll includes a route starting at the hospital parking lot, through Ellison Park, along East River Street, and ending at West Bridge Park. Pathports will be validated along the way and door prize drawings take place at the end in the park. • Grand Opening Bertram Beach & Playground (6/27) — Angela Schumann announced that the Bertram Chain of Lakes beach opened Saturday, June 6th under the sponsorship of Wright County and the City of Monticello. Construction on the access road to the beach and parking area will take place later this summer. Angela Schumann displayed pictures of the natural playground which was installed on May 31St near the beach. On June 27th, there will be a grand opening and ribbon cutting of the Bertram Chain of Lakes beach and natural playground from 9 to 11 a.m. F. Council Liaison Updates e Brian Stumpf (BCOL, IEDC, FAB) — BCOL: three trees to be replaced, received four proposals for athletic park, water control structure on First Lake needs to be rebuilt and DNR will be assisting with that eventually. FAB: items on tonight's agenda. • Charlotte Gabler (FAB, PC) — PC: two new members are up for ratification tonight which will fill the commission; other items are on tonight's agenda. • Lloyd Hilgart (IEDC, EDA, Hwy 25 Corridor Coalition) — IEDC: updates on Block 34 and potential for future hiring of Economic Development Director. • Tom Perrault (EDA, Safety) — Safety: upcoming promotions by the committee. e Glen Posusta (BCOL) — BCOL: new fishing piers have been put in place. Parks — Ellison Park restrooms have been refurbished. G. Department Updates • Sheriffs Department — Captain Dan Anselment provided a short update to Council. He reported that a black Cadillac was stolen and used in thefts of catalytic converters. A picture of the vehicle was provided to Integrated Recycling Technologies, a recycling business, and the Cadillac did show up trying to sell a catalytic converter. The Sheriff's Department was contacted City Council Minutes —June 8, 2015 Page 2 116 and was involved in a pursuit of the vehicle, but eventually had to discontinue the chase. Follow -up calls to the Sheriff's Department provided information on the Cadillac, and the Sheriff's Department was able to apprehend the two suspects in the Albertville area. Captain Anselment stated that he usually provides quarterly and annual incident and arrest statistics. The Sheriff s Department has completed installation of a new electronic records system and the previous reporting system will not be available. They are looking for suggestions on what kind of reports to provide to the cities where they contract for service. Brian Stumpf asked how they would like to receive suggestions — for example, do they want to hear from all council members or maybe consolidate through the Police Commission. Captain Anselment said that suggestions from anyone can be emailed to him. Charlotte Gabler said that she gets requests from citizens wanting to know when the Sheriff's Department is patrolling in Monticello. Jeff O'Neill encouraged council members to contact him because he regularly talks to Sargent Dave Anderson. In closing, Captain Anselment commented that they are seeing a continual increase in financial crime and recommended people keep an eye on their financial records. ® City Administrator Update — Jeff O'Neill reported on several items. o There will be a solar program hearing at the Minnesota Public Utilities Commission on June 25th related to Xcel's decision to not accept large solar garden programs. o Internet connections — upcoming meeting in Scott County that he will attend. o Data Practices Act - city uses a Freedom of Information Act (FOIA) form to document requests and makes every effort to respond in a reasonable amount of time. City follows general rule of the Data Practices Act but may want to develop a policy. o Wayne Oberg working on updating City Purchasing Policy. o Blighted property at Elm and 6a' (pink house) is actually tax forfeit now and Wright County is in the process of reviewing the property to determine the disposition. Glen Posusta suggested that the City should mow the grass and weeds during this time. GLEN POSUSTA MOVED TO DIRECT PUBLIC WORKS STAFF TO MOW THE BLIGHT PROPERTY AT 601 ELM STREET (PID 155 -500- 101412). BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. City Council Minutes —June 8, 2015 Page 3 1 16 o Jeff O'Neill reported they may be considering a review of the city development fees and comparing them to similar communities for possible updates. 2. Consent Agenda A. Consideration of approving the payment of bills for June 8h. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. B. Consideration of approving new hires /departures. Action Taken: Approve new hires and terminations for MCC. C. Consideration of appointing representatives to the Monticello Planning Commission to fill vacancies for terms to expire 12/31/15 and 12/31/16. Action Taken: Appoint the following representatives to the Monticello Planning Commission: John Falenschek with term to expire 12/31/15 and Marc Simpson with term to expire 12/31/16. D. Consideration of adopting Resolution #2015 -042 accepting a contribution from Cargill Kitchen Solutions for flower plantings on Broadway West median. Action Taken: Adopt Resolution #2015 -042 accepting a donation of $500 from Cargill Kitchen Solutions to purchase flowers for planting on Broadway West median. E. Consideration of adopting Resolution #2015 -043 accepting a contribution from the Monticello Lions to the Street Department for traffic control devices. Action Taken: Adopt Resolution #2015 -043 accepting a donation of $490 from the Monticello Lions to purchase traffic control devices (barricades and cones) for the Street Department. F. Consideration of adopting Resolution #2015 -047 accepting a contribution from the Monticello Lions to the Parks Department for kiosk signage. Action Taken: Adopt Resolution #2015 -047 accepting a donation of $19575 from the Monticello Lions to purchase three kiosk signs to be installed at Ellison Park, West Bridge Park, and Pioneer Park. G. Consideration of adopting Resolution #2015 -046 approving the Final Plat and Development Agreement for the Vine Street Place a two -lot subdivision in an R -2 (Single and Two Family Residence) District and approval of encroachment agreement. Applicant: Benoit, Patrick. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. H. Consideration of adopting Resolution #2015 -045 approving a Final Stage Planned Unit Development (PUD), Final Plat and Development Agreement for Hoglund Bus Park, a two lot commercial development in an existing Planned Unit Development District, and to approve a sidewalk easement associated with the plat. Applicant: WAG Partners, LLP. Action Taken: Adopt Resolution City Council Minutes —June 81 2015 Page 4 1 16 #2015 -045 approving a Final Stage Planned Unit Development, Final Plat, and Development Agreement for Hoglund Bus Park, a two -lot commercial development in an existing PUD; and approving a sidewalk easement associated with the plat, subject to conditions as follows. • Execute the Development Contract for the PUD and Final Plat. • Execute a sidewalk easement adjacent to Oakwood Drive per City Engineer requirements. • Revise final and development stage PUD plans to illustrate proper striping and signing, and at least two handicapped parking spaces for each building. • Modifications to access points at Oakwood Drive or Thomas Park require a right of way permit and review by the City Engineer. • Subject to documentation exhibiting resolution of comments made during MnDOT review. • The final plat is subject to the comment and suggested revisions of the Wright County Surveyor. • Any other comments and recommendations of the City Engineer. I. Consideration of adopting Resolution #2015 -036A approving an assessment agreement with Northern States Power, dba Xcel Energy for First Lake Substation. Action Taken: Adopt Resolution #2015 -036A approving a deferred assessment agreement with Northern States Power, dba Xcel Energy for First Lake Substation (a 10 -acre portion of PID 213 - 100 - 103300). J. Consideration of adopting Resolution #2015 -044 approving a request for an Amendment to Development Stage Planned Unit Development (PUD) and Final Stage Planned Unit Development (PUD) for a single lot commercial development in a B -4 (Regional Business) District. Applicant: MF Monticello, LLC. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. K. Consideration of adopting Ordinance No. 616 for Amendments to the Monticello Zoning Ordinance, Chapter 5, Section 3 — Accessory Use Standards and Chapter 8, Section 4 — Definitions, as related to regulations for Accessory Building Major and Accessory Building — Minor. Applicant: City of Monticello. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. L. Consideration of adopting Resolution #2015 -048 approving an application for a Gambling Premises Permit to conduct gambling at the Monticello Country Club. Applicant: Monticello Youth Hockey Program. Action Taken: Adopt Resolution #2015 -048 approving an application for a Gambling Premises Permit for the Monticello Youth Hockey Program to conduct gambling at the Monticello Country Club, 1209 Golf Course Road. M. Consideration of authorizing 50150 cost share with the City of Windom for purchasing bandwidth for final implementation of 10 Gig Ring. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. City Council Minutes —June 8, 2015 Page 5 1 16 N. Consideration of authorizing sending a letter of interest to participate in cooperative cost saving ventures with City of Windom related to telephone switching equipment. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. TOM PERRAULT MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS A, G, J, K, M, AND N. CHARLOTTE GABLER SECONDED THE MOTION. MOTION CARRIED 5 -0. 2a. Consideration of items removed from the consent agenda for discussion 2A. Consideration of approving the payment of bills for June 8th Brian Stumpf asked about six meeting tables purchased from Earl Anderson Company for the Community Center at a cost of $3,900. He wanted to make sure that the old tables that are replaced be disposed of properly. Glen Posusta questioned the price and wanted to know where quotes came from. Jeff O'Neill explained that he had discussed this with Kitty Baltos in advance of purchasing. Kitty Baltos researched a number of options and felt this quote was the best price to get the quality they reed for public use. Tom Perrault commented that this was also discussed at the Safety Committee meeting. Staff was directed to get copies of the quotes to review prices. Lloyd Hilgart asked about the Carefree Lawn bill and wanted to make sure that this matched the contract amount for the clean -up of the cemeteries. Wayne Oberg checked and verified the rates are within the contract. Wayne Oberg requested that council members contact him in advance of the meeting to let him know which questions they have, so he can come prepared with answers. Lloyd Hilgart also asked about the Schillewart bill for landscaping. Glen Posusta explained that some trees got mowed down accidentally and the contractor will pay for this. GLEN POSUSTA MOVED TO APPROVE THE PAYMENT OF BILL AND PURCHASE CARD REGISTERS FOR A TOTAL AMOUNT OF $455,686.95. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 2G Consideration of adopting Resolution #2015 -046 approving the Final Plat and Development Agreement for the Vine Street Place a two -lot subdivision in an R- 2 (Single and Two Family Residence) District and approval of encroachment agreement. Applicant: Benoit, Patrick Tom Perrault questioned the waiver of application fees for Vine Street Place, based on the delay in submitting the final plat. Angela Schumann explained that the Council is asked to waiv% the final plat application fee and escrow as part of" City Council Minutes —June 8, 2015 Page 6 1 16 the approval. She indicated that the previous final plat approval is void due to the fact the plat was not recorded at the County in the amount of time required by ordinance and no extension was requested. Re- application was therefore necessary. The question is whether the Council wishes to require a new fee and escrow of $50 for application and $1200 in escrow. In addition, the report notes that if approved per the development contract, some of the expenses in excess of the original escrow would be recoiled to the Planning and Engineering budgets. These amounts to be recoded related to tree size determination and driveway width in grading plan review. However, the developer is still over escrow and is required to pay that amount as listed in the development agreement. Schumann also clarified that a $500 escrow is required as part of plat administration. GLEN POSUSTA MOVED TO ADOPT RESOLUTION #2015 -046 APPROVING THE FINAL PLAT AND DEVELOPMENT AGREEMENT FOR THE VINE STREET PLACE ADDITION, A TWO -LOT SUBDIVISION IN AN R -2 DISTRICT, AND APPROVING AN ENCROACHMENT AGREEMENT FOR VINE STREET PLACE, SUBJECT TO CONDITIONS STATED IN THE RESOLUTION; SAID APPROVAL INCLUDES WAIVER OF APPLICATION FEE AND ESCROW FOR THE PLAT RE- APPLICATION. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 - 0. 21 Consideration of adopting Resolution #201 5 -044 approving a request for an Amendment to Development Stage Planned Unit Development (PUD) and Final Stage Planned Unit Development (PUD) for a single lot commercial development in a B4 (Regional Business) District. Applicant. MF Monticello, LLC Tom Perrault asked about the condition for removing some of the parking spaces in the Mattress Firm parking lot and replacing with landscaping. Angela Schumann explained that condition is optional; it would be up to the developer to determine whether they wish to replace the parking spots with green space given their own internal parking requirements. The review indicates they have met parking and landscaping requirements. CHARLOTTE GABLER MOVED TO ADOPT RESOLUTION #2015 -044 APPROVING THE DEVELOPMENT AND FINAL STAGE PLANNED UNIT DEVELOPMENT ADMENDMENT FOR LOT 3, BLOCK 1, UNION CROSSINGS SECOND ADDITION, CONTINGENT ON COMPLIANCE WITH CONDITIONS AS SPECIFIED IN THE RESOLUTION. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 2K. Consideration of adopting Ordinance No. 616 amending the Monticello Zoning Ordinance, Chapter S, Section 3 — Accessory Use Standards and Chapter 8, Section 4 — Definitions, as related to regulations for Accessory Building - Major and Accessory Building —Minor. Applicant. City of Monticello City Council Minutes —June 8, 2015 Page 7 1 16 Tom Perrault asked about the change removing the square feet references in Table 5 -4 for Accessory Uses. Angela Schumann explained that language will be removed to accommodate any future changes in the state building code for permitted uses and will reference the rule in the building code for consistency. Tom Perrault asked if this would have any impact on conditional accessory uses in other districts. Angela Schumann stated that at this time, other than the amendment for consistency with permitting requirements for size, the ordinance will be applied as in the past, unless the Planning Commission wishes to direct amendments requiring conditional use permits for accessory use minor or major structures in more districts because of the size change. Tom Perrault also asked Angela Schumann to check to see if the fence height as listed in the revised building code also needs to be addressed in future ordinance amendments. TOM PERRAULT MOVED TO ADOPT ORDINANCE NO. 616 APPROVING AMENDMENTS TO THE MONTICELLO ZONING CODE, CHAPTER 5.3 — ACCESSORY USE STANDARDS AND CHAPTER 8.4 — DEFINITIONS AS RELATED TO REGULATIONS FOR ACCESSORY BUILDING — MAJOR AND ACCESSORY BUILDING — MINOR, LISTED AS FOLLOWS. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. Section 5.3(B) — General Standards and Limitations for Accessory Uses and Structures is hereby amended as follows: (3) Location of Accessory Uses or Structures Except for fences and walls, the following standards shall apply to all accessory structures: (a) All accessory structures, except as may be specifically denoted, shall be located at least six (6) feet from all lot lines, and at least the minimum distance from public rights -of -way as denoted in the individual zoning district regulations. All such structures must meet applicable building codes related to fire separation distance. (i) Aside yard setback of twenty (20) feet shall be maintained from property lines abutting public streets. Section 5.3(C) — Table of Permitted Accessory Uses and Structures, Table 5.4 is hereby amended as follows: Table 5 -4: ACCESSORY USES B Y DISTRICT • Accessory Dwelling Unit: permitted uses remain the same • Accessory Building — minor: _ 120 squamfeeo permitted uses remain the same • Accessory Building — major: (> j29 squarefeeo permitted uses remain the same Section 8.4 — Definitions is hereby amended as follows ACCESSORY BUILDING -- MAJOR: A building which is accessory to a principal structure and is required to be constructed with a building permit per MN Rule I300.0I20. City Council Minutes —June 8, 2015 Page 8 116 ACCESSORY BUILDING -- MINOR: A building which is accessory to a principal structure and exempt from a building permit per MN Rule 1300.0120. 2M Consideration of authorizing 50150 cost share with the City of Windom for purchasing bandwidth formal implementation of 10 Gig Ring Glen Posusta pulled this item because he wasn't sure if the City should enter into a cost - sharing agreement like this and wondered if it is actually necessary to increase the broadband bandwidth. Rachel Leonard discussed the reasons for expanding the bandwidth and maintaining the speeds that FiberNet advertises that it can deliver. Jeff O'Neill explained that customers are utilizing more bandwidth than ever and the extra speed is needed at peak times. He explained that it is difficult for the City to purchase small amounts of extra bandwidth for peak times, which can be cost prohibitive. Glen Posusta was concerned about doubling the costs for the extra bandwidth. It was explained that there are currently two contracts in place for broadband. Each of them provides 1 GB of service. If the new Enventis contract is put in place, the Vaultus contract will be dropped and the XO contract would end eventually. The net cost increase would be $1,600 per month, including the shared 10 GB bandwidth, until the XO contract ends in August 2016. After that, the total cost would be $6,000 for the City's share of the 10 GB contract. Glen Posusta asked why there is such an increase in the internet needs when the customer base for FiberNet continues to drop. Rachel Leonard explained that FiberNet is continually increasing its customer base for internet service, which puts more demand on the amount of broadband that is needed. Mark Pultusker, former General Manager of FiberNet, commented that the City actually has two gigabit circuits on the network. He believes that one of them is an extra circuit that could be utilized to add another gig of internet. Rachel Leonard stated that is probably no longer available under the new configuration of the network. That could be verified with Dan Olson of Windomnet. Glen Posusta was concerned that Monticello would be doing this to benefit Windomnet at the expense of Monticello. Lloyd Hilgart commented that the City would not utilize all 10 GB from this contract; the 10 GB would also be shared with Windomnet. Hilgart stated that this is still a good deal for the additional broadband we would receive. Jeff O'Neill confirmed that the contract would run for three years. Tom Perrault asked about the consulting fees that are being paid to Dan Olsen. Jeff O'Neill explained that the fees paid to Olson are directly related to work that he does for the City; the City does not pay for consulting time on shared broadband alliances. City Council Minutes —June 8, 2015 Page 9 1 16 CHARLOTTE GABLER MOVED TO AUTHORIZE A 50/50 COST SHARE OF $6,000 PER MONTH PER CITY WITH THE CITY OF WINDOM, MINNESOTA FOR PURCHASING BANDWIDTH TO COMPLETE FINAL IMPLEMENTATION OF THE 10 GIG RING. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH GLEN POSUSTA VOTING IN OPPOSITION. 2N. Consideration of authorizing sending a letter of interest to participate in cooperative cost saving ventures with the City of Windom related to telephone switching equipment Glen Posusta stated that he pulled this item because he is concerned about the cost sharing with another City and who would actually benefit from such an arrangement. Jeff O'Neill explained the current setup for both cities utilizes Metaswitch for phone operations. If the City were to enter into an agreement with Windom, FiberNet would eventually cease using its equipment and share Windom's phone equipment. Jeff O'Neill explained some of the issues that the City is facing in the near future to replace and upgrade equipment. They are asking Council for authorization to research the potential of sharing the cost of telephone equipment with Windom. Glen Posusta noted that the City has spent a lot of money training employees in the use of the Metaswitch equipment and wondered whether additional training would be required if the City entered a cost sharing agreement with Windom. Jeff O'Neill stated that new training would not be required; the details would have to be worked out as to the components of a cost sharing agreement. Council discussed the option of upgrading the current system and potential costs of doing that, as compared to sharing the costs of equipment with the City of Windom. CHARLOTTE GABLER MOVED TO AUTHORIZE SENDING A LETTER OF INTEREST TO PARTICIPATE IN A COOPERATIVE COST - SHARING VENTURE WITH THE CITY OF WINDOM FOR TELEPHONE SWITCHING EQUIPMENT, WITH THE CONDITION TO PERFORM A COST ANALYSIS BEFORE COMMITTING TO SUCH AN ARRANGEMENT. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH GLEN POSUSTA VOTING IN OPPOSITION. 3. Public Hearings There were no public hearings. 4, Regular Agenda A. City Proiect No. 140003 0 City Council Minutes —June 8, 2015 Page 10 116 Shibani Bisson presented this item requesting Council to accept bids and award a contract for the School Boulevard/Fallon Avenue and 85t' Street Improvements. She displayed the location of the improvements and described what is proposed in the project. Shibani Bisson explained that a portion of 85th Street just west of Edmonson Avenue fronting the City -owned property is not included in the project because the properties on either side are still in the township and the township maintains that road segment. Shibani Bisson reviewed the bid results from Knife River and Hardrives, which included a base bid and two alternates for the Pioneer Park pathway segment. Shibani Bisson discussed the funding breakdown of the project which includes the indirect costs. It is proposed to assess the school $200,000 for their portion, which includes widening of the high school driveway. The City will use state aid funds in addition to a future bond issue to reimburse costs. Shibani Bisson noted that the City will need to purchase some wetland mitigation credits in the area of the Fallon Avenue pathway extension. Shibani Bisson explained that the City plans to bond later this year for some of the costs through street reconstruction bonds. This will require a public hearing to approve a 5 -year CIP for a street reconstruction plan to enable the city to use street reconstruction bonds. An item was added to the agenda to call for a public hearing at the June 22nd council meeting. Shibani Bisson went through the proposed construction schedule with construction to start around July 13th (after Riverfest) and conclude at the end of August. An assessment hearing will be brought to Council in the fall. Shibani Bisson discussed the options for Council consideration which could include the base bid plus either of the alternates for Pioneer Park pathway or to not include the pathway at all. Brian Stumpf asked about the low area at the corner of Fallon Avenue and Fallon Drive. Shibani Bisson explained that is under warranty and would be covered by the contractor on that project, which was Knife River. Brian Stumpf directed staff to work with Knife River to get that fixed. Brian Stumpf also questioned the amount that was bid for trees along School Boulevard and feels that the City should consider utilizing trees that it has in its inventory. Charlotte Gabler commented that there is some value with including trees in the contract because they would be warrantied. Council asked if the number of tree plantings in the contract could be decreased to use some of the city's inventory. Shibani Bisson indicated that the contract can allow for increasing and decreasing quantities for trees, but will need to check if the City tree stock inventory has the same tree types and sizes planned for the project. Shibani Bisson explained that the tree plantings were designed to complete gaps within the School Blvd corridor, taking into consideration the powerline clearance requirements and streets and lighting in the right -of -way areas. There was further discussion about tree plantings and whether the city should handle the planting. It City Council Minutes —June 8, 2015 Page 11 1 16 was noted that a portion of the school assessment covers tree plantings and state aid funds are eligible to be used toward tree plantings. Glen Posusta commented that he does not support the reconstruction of the Pioneer Park pathway. If that would be dropped from the project, he would be okay with the cost for the trees. GLEN POSUSTA MOVED FOR ALTERNATIVE 0 j TO ADOPT RESOLUTION #2015 -049 ACCEPTING THE BIDS AND AWARDING THE CONTRACT TO THE LOWEST RESPONSIBLE BIDDER, KNIFE RIVER CORPORATION, IN THE AMOUNT OF $863,559.10 (BASE BID WITHOUT PIONEER PARK PATHWAY IMPROVEMENTS) FOR SCHOOL BOULEVARD/FALLON AVENUE AND 85TH STREET IMPROVEMENTS, CITY PROJECT NO. 140003. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 3 -2 WITH LLOYD HILGART AND CHARLOTTE GABLER VOTING IN OPPOSITION. Brian Stumpf clarified that he would like city staff to look at options for the tree plantings utilizing the tree inventory of the city. B. Consideration of approving initial purchase and deployment of Calix GigaCenters for FiberNet Monticello residential customers Rachel Leonard talked about the GigaCenter product offered by Calix which would replace the current ONT, cyber power, and router used for residential installations at subscriber sites. The cost is less, offers enhanced features, and is easier to troubleshoot. FiberNet and the Advisory Board recommend the purchase and deployment of Calix GigaCenters to be used for new customer installations and to replace old equipment as needed for existing customers. A proposed fee schedule could be implemented for customer billings to offset the cost of the equipment. Council is asked to approve the initial purchase of 25 GigaCenters for installation for new customers. If this proves successful, they would continue purchasing GigaCenters on a monthly basis. Currently, the supply budget contains funds to cover purchases of 25 per month for the remainder of the year. Rachel Leonard discussed a cost recovery proposal utilizing a monthly lease of $15.99, which would include basic maintenance /troubleshooting. These revenues would go back into FiberNet's fund balance to offset future purchases of the GigaCenters. There were some questions on how the billing and maintenance would work if a customer pays outright for the cost of the GigaCenter. Lloyd Hilgart asked how many ONTs the City has on hand. Rachel Leonard stated she is not sure but they continue to use them when existing ones fail. Lloyd Hilgart asked if older ONTs would be available to new customers if they don't want to purchase or lease the new equipment. Rachel Leonard indicated that had been discussed and it was felt that it should only be considered in unusual cases. City Council Minutes —June 8, 2015 Page 12 116 Lloyd Hilgart expressed concern about charging customers for the new equipment, which will cost less than what FiberNet paid for the ONT equipment. Rachel Leonard explained that the city is not currently recovering their cost on the ONT equipment. This would be an opportunity to establish a monthly fee which would recover the cost of the equipment. Rachel Leonard also added that the proposed fees include an early termination fee if a customer cancels service in less than two years; this fee could be adjusted per council recommendation. Aaron Lambrecht, 13 Sandtrap Circle, shared his comments on establishing a lease fee for the GigaCenters. He felt that FiberNet may be at a disadvantage if they add this fee because Charter and TDS do not charge for installation or for ONT equipment. LLOYD HILGART MOVED FOR ALTERNATIVE #2 TO APPROVE THE PURCHASE OF 25 CALIX GIGACENTERS TO BE USED FOR NEW CUSTOMER INSTALLATIONS AND IMPLEMENTATION OF A COST RECOVERY STRATEGY LISTED AS FOLLOWS. CHARLOTTE GABLER SECONDED THE MOTION. MOTION CARRIED 5 -0. • New subscribers will be installed with GigaCenter equipment and can choose to pay a lease fee of $15.99 per month or purchase the unit outright for $320 (and any applicable taxes). • Subscribers with GigaCenters will receive free basic maintenance and troubleshootingfor the first 2 years. • No early termination fee for subscribers with GigaCenters that cancel service. • Existing subscribers can opt to have GigaCenter equipment installed at their preference or if their current equipment fails. This would be subject to the same cost recovery terms. C. Consideration of approvin cg oncept of FiberNet Monticello contracting with Yondoo for video hosted services Rachel Leonard gave a presentation about an option for contracting for hosted video services. Under the triple play services that are offered, video is by far the most expensive to provide. Currently, the City delivers video via their own equipment and holds programming agreements with many various networks. Costs are covered by revenue derived from the billings for this service; however in the foreseeable future the costs will exceed the revenues. Yondoo, a subsidiary of CSI Digital, offers a business model which delivers hosted video services. Yondoo is responsible for content, hardware, licensing, and software, with the costs spread out among their various client networks. FiberNet would continue to install, bill, and provide tech support to its video customers. Yondoo would bill FiberNet based on the number of subscribers and their video packages. Under this scenario, the cost of providing video service would be reduced, and FiberNet would not need to utilize its video equipment, which is becoming outdated and will need to be replaced in the near future. Some City Council Minutes —June 8, 2015 Page 13 1 16 benefits of this hosted video option would be reduced costs, similar channels, newer equipment, more features available, and economy of scale. There are some challenges with such an agreement such as: an increase in subscriber rates will be necessary, subscriber accounts would need to be updated in the billing system, there would be $65,000 in start-up costs, it's necessary to engage in a 3 or 5 year contract, and there may be some subscriber thresholds to be met. Rachel Leonard pointed out that Council is being asked to support the concept at this time and authorize staff to engage in negotiations for a contract with Yondoo. Such a contract would be brought to Council for approval before implementing this system. Wayne Oberg asked if it was possible that the City would have additional capital charges in the future after the $65,000 is paid. Rachel Leonard explained that the initial payment is to complete the connection between Yondoo and FiberNet and to ensure that all customers receive the programming from Yondoo. She does not believe that there would be future charges for capital equipment. Jeff O'Neill mentioned that Council could include several council members on the negotiating committee. Brian Stumpf would like to be involved and Lloyd Hilgart also volunteered. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO APPROVE THE CONCEPT OF HOSTED VIDEO SERVICES, AUTHORIZE STAFF TO ENTER INTO CONTRACT NEGOTIATIONS WITH YONDOO, AND APPROVE BRIAN STUMPF AND LLOYD HILGART TO PARTICIPATE IN NEGOTIATING A CONTRACT. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH GLEN POSUSTA VOTING IN OPPOSITION. D. Consideration of approving process and terms of sale for City -owned jroperty located at 1022 West River Street Angela Schumann presented this item to Council asking for approval and direction on the process and terms for selling city -owned property at 1022 West River Street. The property is zoned R -2 (Single and Two Family Residence), is approximately 16,850 square feet in area, and is surrounded by single - family uses. Angela Schumann talked about two options on marketing the property for sale as prepared by staff one would be sale of property at a set price or price range with no direction as to the use of the property other than meeting basic code standards; the other would be setting terms for purchase and development of the property prior to selling the property. City Council Minutes —June 8, 2015 Page 14 1 16 Brian Stumpf expressed his interest in getting the property sold as long as it is developed and not held for future investment. He is okay with the property being sold as is at the assessed value. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO LIST THE PROPERTY FOR SALE AT $30,000 AND AS CURRENTLY ZONED WITH NO REQUIREMENTS OTHER THAN MEETING BASE CODE STAI`3DARDS. LLOYD HILGART SECONDED THE MOTION. MOTION FAILED 2 -3 WITH TOM PERRAULT, CHARLOTTE GABLER, AND GLEN POSUSTA VOTING IN OPPOSITION. GLEN POSUSTA MOVED TO LIST THE PROPERTY FOR SALE AT $25,000, WITH REQUIREMENTS TO BUILD A SINGLE FAMILY RESIDENCE AND CONSTRUCTION TO TAKE PLACE WITHIN 24 MONTHS OF PURCHASE. CHARLOTTE GABLER SECONDED THE MOTION. MOTION CARRIED 5 -0. 5. Added Items • Council meeting start time — Glen Posusta suggested an earlier starting time, such as 6:30 p.m., for regular council meetings. Brian Stumpf indicated that this would require an amendment to city code. CHARLOTTE GABLER MOVED TO AUTHORIZE STAFF TO PREPARE AN ORDINANCE AMENDMENT TO CITY CODE ALLOWING COUNCIL MEETINGS TO START AT 6:30 PM (INSTEAD OF 7PM). GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. An amendment will be brought to the next council meeting. The new starting time would take place after the ordinance amendment is adopted by Council and published. Recycling and yard waste bins — Charlotte Gabler asked if there is a cost established for recycling and Wayne Oberg explained the unit rate is $2.85 for pick -up every other week. Brian Stumpf said he had contacted ADS and found there is a cost of $65 to purchase an additional cart which would be serviced along with the other cart every other week. Charlotte Gabler thinks that the City consider an option of picking up recycling every week or providing a larger cart at a slightly higher rate. Charlotte Gabler suggested that this be brought back to Council in August or September. She recommends that yard waste concerns be discussed at the same time. Blighted property at Elm and 6a' - Tom Perrault requested this to be added. Jeff O'Neill reported on this this earlier in the meeting under Staff Updates. • Call for public hearing on street reconstruction plan — Jeff O'Neill explained that staff and consultants have prepared a 5 -year street reconstruction plan, which City Council Minutes —June 8, 2015 Page 15 1 16 could be financed through bonding. Wayne Oberg explained the streets projects in the plan would be eligible for bonding even when there is less than 20% of the project costs to be assessed. He noted that the proposed plan includes the 2015 Street Reconstruction Improvements, which could be included in a bond issue if this were to be adopted. The public hearing will include a presentation to Council for consideration of adoption of the 5 -year CIP plan. CHARLOTTE GABLER MOVED TO CALL FOR A PUBLIC HEARING ON JUNE 22, 2015 FOR CONSIDERATION OF ADOPTION OF A 5 -YEAR STREET RECONSTRUCTION PLAN. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. • Banning _guns on city properties — Brian Stumpf explained that it was brought to his attention that the city has banned guns on certain city properties, which may not be allowed by statute. Jeff O'Neill checked with Community Center Directory Kitty Baltos and she is aware that they cannot post a ban on guns in the community center building. Aaron Lambrecht, VFW representative, spoke in regard to this and explained that this policy may affect their ability to use firearms for cemetery programs. Jeff O'Neill will follow up to determine if any policies need to be changed and bring back to Council. Upcoming interviews - Brian Stumpf reported on two interview meetings coming up: Building Official interviews on June 11th at 7 a.m. and June 11th at 3 p.m. for Bertram Chain of Lakes RFP presentations. Council members are invited to attend and the events have been posted. 6. Adiournment GLEN POSUSTA MOVED TO ADJOURN THE MEETING AT 10:20 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman Approved: June 22, 2015 Attest: Q::�az C inistrator City Council Minutes —June 8, 2015 Page 16 1 16