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City Council Agenda Packet 05-23-2005 . Mayor: AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday May 23, 2005 -7 p.m. NO TE:5: 00 p.m. workshop onfiber optics Clint Herbst Council Members: Glen Posusta, Wayne Mayer, Tom Perrault and Brian Stumpf 1. 2A. B. C. 3. . 4. 5. ~ ~~~ . Call to Order and Pledge of Allegiance. Approve minutes of May 9, 2005 regular Council meeting. Approve minutes of May 9, 2005 Special Meeting - Mission Statement Approve minutes of May 9, 2005 Special Meeting - Annexation Agreement Revisions Consideration of adding items to the agenda. C C: ~<M{ 0 IV fA; u...7? Ib"l./l....- / \~ ~\.S ~t.- ~ )(tM.7tJ,J .. ~ G-~ - PiMI(t~.JJU(I~c<- /' Citizen comments, petitions, requests and complaints.~ ll"Q.. '..fr >/~ V- / ," ~S~ ~ G.rrf ~ - {Jf<.~ {,vt- (It\1$$ V/v Consent agenda. --' /I 4AA 1/f/l D ( /" ~ 'r' u - I/'t\.v tM~"TV v. h. A. Consideration of new hires and departures. .. 1)lSWfJ ~~ (...~t.:7 In~/1 V'" - ~I h.t.... c) P +r e-I () { J t:.urJ r";" B. Consideration of a request for a conditional use permit for first floor residential development and preliminary and preliminary plat for a four unit townhome development in the ceo District - Applicant Dennis James Custom Builders. (Planning Commission recommendation was to deny request). C. Consideration of adoption of resolution outlining future merger of Heartland Express and River Riders. D. Consideration of resolution accepting petition for annexation of balance of Poplar Hill Development and authorizing annexation under the terms of the City/Township joint agreement governing annexation. E. Consideration of final plat for Carlisle Village 2nd Addition. F. Consideration of executing BNSF Railway Agreement for grade crossing atCSAH 18 for the CSAII 18/1-94 Interchange Project No. 2004-1 C. G. Consideration of approving road maintenance agreement with Wright County for 2005. y . . . Agenda Monticello City Council May 23, 2005 Page 2 H. Consideration of county/~ Cooperative Agreement on Interchange Project. I. Consideration of issuing a negative declaration of need for an Environmental Impact Statement (EIS) for the Hidden Forest and Sunset Ridge Residential Development. J. Consideration of approving agreement with 81. Henry's Church regarding acquisition of permanent and temporary casements associated with the 7th Street and deep sanitary sewer projects. K. Consideration of authorizing setting public hearing date to consider establishment of a tax increment district for the CSAH 18/1-94 Interchange Project. L Consideration of approving resolution authoring annexation of A VR site. ~ Consideration of items removed from consent agenda for discussion. ;{ Public Hearing - Vacation of roadway and utility easement for Monticello Commerce Center. 8. Consideration to change a condition for a conditional use permit for a planned unit development for Premier Banks relating to restroom locations. 9. Consideration of award of bids for the Hillside Farms Storm Sewer Outlet, City Project No. 2004-07C. 10. Consideration of changes to street lighting policy. 11. Consideration of proposals for street lighting on School Boulevard and Deegan Avenue. 12. REMOVED. 13. Consideration of amendment to PUD standards relating to Sunset Ponds. 14. Consideration of sketch plan review - Greater Minnesota Housing Fund 15. Consideration of preliminary plat and rezoning of Weinand RPUD parcel - Monticello Commerce Center 7th Addition. 16. Approve payment of bills for May. 17. Adjourn L . . . MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday May 9,2005 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf Members Absent: None 1. Call to Order and Plede:e of Allee:iance. Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of April 25. 2005 rel!ular Council meetinl!. Glen Posusta noted a correction on Page 11 that the rezoning for the apartment area should be R-2 not R-2A. Tom Perrault pointed out a spelling error on Page 10 and questioned on Page 7 the location of the apartments in the Poplar Hill development. After discussion it was determined that the apartments are on the west side of the development. GLEN POSUSTA MOVED TO APPROVE THE MINUTES OF 'fI-IE APRIL 25, 2005 REGULAR COUNCIL MEETING WITH THE CORRECTIONS NOTED. l'OM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2 B. Approve minutes of April 25. 2005 Svccial Meetinl!. It was noted that the special meeting on the Heritage development started at 5:30 p.m. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE APRIL 25, 2005 SPECIAL MEETING. TOM PERRAULT' SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. 3. Consideration of addinl! items to the ae:enda. Jeff O'Neill updated the Council on a neighborhood meeting on the Heritage development scheduled for Wednesday, May 25,2005 at 6 p.m. at the Silver Springs GoIfCourse. Mailed notice will be sent out to affected parties. Clint Herbst added to the agenda consideration of approving revisions to the orderly annexation agreement. 4. Citizen comments. petitions. requests and complaints. No one spoke under citizen comments. 5. Consent al!enda. A. Consideration of new hires and departures. Recommendation: Ratify hires and dA-3 . L 2. . 3. 4. 5. 6. 7. . E. B. c. D. Council Minutes - 5/9/02 departures as identified. Consideration of approving temporary 3/2 beer license to Monticello Lions Club for Riverfest Celebration, July 9-10,2005. Recommendation: Approve issuance of temporary liquor license for 3/2 beer for the Monticello Lions Club for Riverfcst on July 9-10,2005. Consideration of renewal of two year assessor contract with Wright County. Recommendation: Authorize renewal of contracting services with Wright County Assessor's Office for the 2006 and 2007 assessment years. Consideration of a request for a conditional use peffilit for an off-site monument sign for a planned unit development - Applicant Premier Banks. Recommendation: Approve the conditional use permit and development stage pun for Premier Banks on Lot 2, Block 1, Prairie Ponds 2nd Addition based on a finding that the proposed plan is consistent with the goals of the Comprehensive Plan, subject to the applicable conditions of Exhibit Z as follows; The shared access easement agreement for the private drive shall be reviewed in detail and approved by the City. The applicant should eliminate two (2) parking stalls on the southeastern portion of the site that do not meet the ordinance requirements. All striped areas within the parking lot shall be landscaped and surrounded by raised concrete curb. The entire perimeter parking lot shall be curbed although the future expansion area to the north may be rolled asphalt until that parcel is developed. A minimum of six (6) parking islands shall be identifIed within the parking lot area. The bank drive-isles shall be a minimum of ten (10) feet in width from the edge of curb to the edge of curb. The applicant shall revise the landscaping plan to include additional trees and shrubs at the perimeter of the building and site area, near both entrances, and near the trash enclosure. All landscaping areas shall be irrigated and provide a minimum of one year landscaping guarantee. Tree and shrub plantings should exceed the ordinance requirements to support the use of PUD on this site. 8. The landscaping plan shall include a minimum of four (4) landscaped parking islands within the parking area. 9. The photometric plan shall be revised to meet the maximum foot candle requirements ofthe Zoning Ordinance. 10. The applicant shall provide building details of the trash enclosure for review and approval. 11. The grading, drainage, erosion control and utility plans are subject to the review and approval of the City Engineer. 12. The applicant shall enter into a development agreement and PUD agreement with the City to be drafted by the City Attorney. 13. Additional comments from City staff: Planning Commission or City Council. 14. Staff recommended the overall sign area be reduced to accommodate either two monument signs (one on the southeastern portion of the site and one near the private drive) or limited to one pylon sign. The Planning Commission recommended the pylon sign plus a monument sign at Deegan A venue. Consideration of a request for a conditional use permit fix open and outdoor storage for 2 dA-Y Council Minutes - 5/9102 . the storage of scrap metal and similar materials associated with business use in an I-I District - Applicant: Integrated Recycling. Recommendation: Approve the conditional use permit for open and outdoor storage and a 13 foot fence meeting structural engineering requirements for Integrated Recycling at 9696 Fallon A venue based on a finding that the request meets the specific regulations of the zoning ordinance for this use. F Consideration of a request for a conditional use permit allowing for a drive-up convenience fast food establishment - Applicant: Arby's (RTM Restaurant Group). Recommendation: Approve the conditional use permit for Arby's (RTM Restaurant Group) located at thc northwest intersection of State Highway 25 and School Boulevard, based on the plans and supporting information provided and based on a finding that the project is consistent with the goals of the City's Comprehensive Plan and Zoning Ordinance regulations and subject to the conditions found in Exhibit Z as f()lIows: I. Adding a pedestrian sidewalk connection to the restaurant from the pathway on School Boulevard and from the sidewalk on Deegan A venue. 2. Work with the City to ensure that site lighting will be in conformance with City regulations. 3. Revise the landscape plan to add shrub plantings along Highway 25. 4. Revisc the landscape plan to add significant shrub pIantings around the trash enclosure. G. Consideration of ED A Year End Report. Recommendation: Accept the 2004 Year-End EDA Balance Sheet; Statement of Revenues, Expenditures, and Changes in Fund Balancc, Activity Report mId 2005 Cash Flow Projections as presentcd. . H. Consideration of approving final plat and development agreement - Club West Addition. Recommendation: Approve the Club West final plat, subject to the revisions as noted and the submission of a complete set of revised preliminary plat documents, and to approve the Club West development agreement. 1. Consideration of approving final plat and development agreement - Timber Ridge 2nd Addition. Recommendation: Approve the Timber Ridge 2nd Addition final plat subject to the revisions noted below and approve development agreement. 1) Public right-of-way needed for cul-de-sac; 2) Plat right-of-way 5 feet outside cul-de-sac curb; 3) Check setback to verify it meets 30' building setback requiremcnt. J. Consideration of an amendment to a conditional use permit allowing for the intensification of an existing drive-up convenience fast food establishment in a B-3 District. Applicant: McDonald's Corporation. Recommendation: Approve the amendmcnt to the conditional use permit for McDonald's, 100 Oakwood Drive, to allow a second drive-through subject to the conditions listed in Exhibit Z as follows mId based on a finding that the use is appropriate f()r the zoning district and the proposed site. 1. The applicant provide a safety railing at the east entrance, adjaccnt to the drive through facility and a pcdestrian surface at that location. . 3 ~A-S Council Minutes - 5/9/02 . 2. 3. 4. The applicant's revised dctailed landscape plan is subject to staff approval. The applicant resolve issues related to current property lighting. Recommendations of other City staff, Planning Commission and/or City Council. Wayne Mayer requested that agenda item #5D be pulled for discussion and Tom Perrault asked that agenda item #51 he pulled. GLEN POSUST A MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #5D AND #51. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent al!enda for discussion. #5D CUP for Premier Bank: Wayne Mayer questioned that the agenda item was asking for more than what was listed on the agenda and he wanted to verify that the approval being requested was for a conditional use permit and development stage PUD and not just an off-site monument sign. Jeff O'Neill stated the Council was being asked to approve a conditional use permit and development stage PUD as well as signage. . Glen Posusta stated that the Planning Commission had requested that there be some slight changes to the huilding architecture but that item was not listed on Exhihit Z. Clint Herbst suggested that there be something done to the design that would break up the impression of one big square brick. Clint Herbst also expressed his concern about the square f()otage of the signs. The applicant was proposing four wall signs totaling 492 sq. ft., one pylon sign of 96 sq. ft. and one monument sign of 156 sq. n. for a total of 744 square feet. The City ordinance allows only 300 sq. ft. and Clint Herbst questioned whether a variance to the sign ordinance had been granted. Staff had recommended that the applicant he allowed either two monument signs or one pylon sign. The Planning Commission had recommended that the applicant be allowed the pylon sign and a monument sign at Deegan Avenue. Dick Frie said in his recollection during the discussion of this issue at the Planning Commission the square footage of the signs did not come up. . Wayne Elam, Nelson Builders was present representing Premier Bank. He stated the bank is asking [or approval of the 744 square feet of signage as requested. Glen Posusta stated that with the size of the building and amount of signage on it, the building would really stand out and grab attention and he didn't feel there was any need for the off site sign. The applicant was given an option of one pylon sign or two monument signs and this information was relayed to the developer. Planning Commission Chair Dick Frie said the building has room for four tenants so the monument sign would be for the other tenants. The monument sign proposed for Deegan Avenue would be designed so that Premier Bank would have the 30 feet of space at the top of the sign and the individual tenants would have signage below that. Glen Posusta felt the pylon sign was not needed and eliminating that sign would reduce the square footage to about 650 square feet which is still douhle what the ordinance allows. Brian Stumpf felt the monument sign for 4 ~~ - to Council Minutes - 5/9/02 . the four tenants was a better option that the pylon sign. Dick Frie stated that he had just asked if the signs being proposed were in compliance as long as it was one or the other (pylon Of monument). He said there was never any concern expressed about the size of the pylon or monument signs. Glen Posusta asked if there was still time in the process to fine tune the this and Jeff O'Neill indicated there was. GLEN POSUSTA MOVED TO APPROVE THE OFF-SITE MONUMENT SIGN FOR THE PLANNED UNIT DEVELOPMENT FOR PREMIER BANK AND NOT THE PYLON SIGN. Brian Stumpf asked for clarification as to whether there would be any change to the wall signs. Glen Posusta said he was not proposing any change to the walI signs. In additional discussion the location of the monument sign was reviewed. Glen Posusta stated that the building is approximately 35 feet and the signage placed on the building will definitely stand out so they don't need more than one sign off-site. Dick Frie noted that in the B-4 District the building height is two stories and the bank building is proposed to be three stories which the Planning Commission approved. Nelson Builders asked if the Council would reconsider the pylon ffild monuments signs if the bank reduced the square footage of the wall signs. Glen Posusta felt there was just too much signage. John Simola questioned the location of the monument sign as he felt it might create some visibility problems and asked that the City work with the applicant to relocate the sign to eliminate this problem. . BRIAN STUMPF SECONDED 'II IE MOTION. MOTION CARRIED WITH TOM PERRAUL I' VOTING TN OPPOSITION. GLEN POSUSTA MOVED TO APPROVE THE CONDITIONAL USE PERMIT AND DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT FOR PREMIER BANK ON LOT 2, BLOCK I PRAIRIE PONDS SECOND ADDITION BASED ON A FINDING TIIAT THE PROPOSED PLAN IS CONSISTENT WITH THE GOALS OF THE COMPREHENSIVE PLAN SUBJECT TO THE CONDITIONS OF EXHIBIT Z WITH THE ADDITION OF #14 (SLIGHT ARCHITECTURAL MODIFICATION TN THE BUILDING FACADE). BRIAN STUMPF SECONDED THE MOTION. In further discussion, Tom Perrault asked about the traffic flow on the drive through. Drive through traffic would corne off the cul-de-sac and exit onto a private road that goes to Deegan Avenue. Wayne Mayer noted that the building is proposed to be three stories and housing multiple tenants. He stated he had some concerns about the unisex bathrooms on the top three 1100fS and had talked to Fred Patch, the building official on the matter. Fred Patch stated the plan shows unisex bathrooms on all 1100fS except the basement where there are separate facilities for men and women. Fred Patch said it seems unusual to separate public restrooms facilities from the public and it is something that he would check into further. Wayne Mayer asked if this should be a condition added to Exhibit Z. . 5 ;J A - -1 . . . Council Minutes - 5/9102 GLEN POSUSTA AMENDED HIS MOTION TO ADD AS #15 '1'0 EXHIBIT Z TO HAVE THE MEN AND WOMEN'S ACCESSIBLE FACILITIES ON THE FIRST FLOOR OF 'THE BUILDING. BRIAN STUMPF SECONDED THE AMENDED MOTION. MOTION CARRIED UNANIMOUSLY. #51 Timber Ridge 2/ld AdlUtion - Tom Perrault questioned the road layout as nothing was shown in the final plat document. He also wondered if the roads would be private or public. Jeff O'Neill stated that the preliminary plat had been approved a number of years ago and this is just a subsequent phase of the development. BRIAN STUMPF MOVED TO APPROVE THE TIMBER RIDGE 2Nll ADDITION FINAL PLAT SUBJECr TO PLACEMENT OF SECURITIES WITH THE CITY FOR DEVELOPMENT RELATED COSTS AND EXECUTION OF THE DEVELOPMENT AGREEMENT. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. 7. Review of bids and consideration of award of contract for 1.0 million !!allon water tower. City Proiect No. 2004-30C. Mark Rolfs from Bonestroo, Rosene and Anderlik was present to review the bids with the Council. The project was hid for a solid steel elevated water tower (hydropillar) and a composite water tower with the tank made of steel and the column being concrete. Two hids were received and CB&I Constructors, Inc. was the low bidder on both types of towers. Included in the bid was an alternate for mezzanine. The cost for the f1uted column elevated tank was $1,748,000 and the composite tank was $1,698,000. Mark Rolfs reviewed the various options availahle to the CounciL He felt the prices that were received were good so he did not recommend rejecting the bids. The composite style tower is chcapcr to construct and Mark Rolfs indicated that it was cheaper to maintain as far as painting costs over the life of the tower. This was a reason many communities went with this type of tower. He said reasons the Council might consider the hydropillar were aesthetics and storage. There is ahout 2100 sq. ft. of storage in the base of the hydropillar tank and only 1,000 sq. ft. in the composite stylc tank. Since the hdyropillar costs more to construct, the Council would have to dctcrmine if the extra storage space justificd the added construction cost. An alternate for mezzanine construction was also included in the bid. With the mezzanine antennas can be placed on the tank and the mezzanine area can be used for storage. Tom Perrault asked about the number of bidders on the project. Mark Rolfs thought they would have three but Caldwell Tank who only does the hydropillar style tank did not bid. Clint llerbst stated that the steel hdyropillar type tank conceptually appears larger and would have a greater impact on the neighborhood and noted that the concrete tank is visually smaller at the base. 6 ~A-~ . . . Council Minutes - 5/9/02 John Simola eXplained that the storage space would be used for dry storage and would house some cquipment. 20% of the storage area is a vault that will house an altitude valve which will be added at somc time in the future. John Simola was not recommcnding going with mezzanine on this tower. Mark Rolf", stated if storage was the only reason for the mezzanine space it was expcnsive storagc space. Glen Posusta asked about the coloring of the concrete shaft and whether that could be a lighter shade. Mark Rolfs said there could cause some problem with uniformity and he suggested going with the shade from thc concrete batch. Thcre was some discussion on the color of the tank and what would be best from an aesthetic standpoint. It was pointed out that therc is still time to study colors before a dccision has to be made. BRIAN STUMPF MOVED TO AWARD THE CONTRACT FOR TIlE 1.0 MILLION GALLON W A"rER TOWER, PROJ ECT NO. 2004-30C TO CB&I CONSTRUCTORS, INC. FOR BASE BID "8" IN THE AMOUNT OF $1,698,000. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSI"Y. In furthcr discussion, Waync Mayer asked if in thc future the City wanted to addcd facilities for antennas how much would that add. The engineer estimated that it would be about $110,000. He noted that with the power lines in the area there might not be interest in placing antennas on the tower at this site. 8. Review of bids and consideration of award of contract for Hillside Farms Storm Sewer Outlet. City Project No. 2004-7C. City Fngineer. Bret Weiss summarized the bid results. Three bids were received with Schluender Construction submitting the low bid of $162,456.70 which was higher than the engineer's estimate of $119,488.95. The diHerence was primarily in the cost of the pipe used for directional boring. Another issue relating to this project that was discovered was that the Rolling Woods final plat did not provide the 30' easement area that was shown on the preliminary plat so there is only 6' of easement area to work in. Easements would need to be negotiated with the five abutting property owners or the pipe in this area would have to be directional bored. This would add approximately $196,000 to the cost of the project. The cost of the project is proposed to be funded through trunks fees. Brian Stumpf asked how dif1icult it would be to make the change to this project. Bret Weiss said the question is whether you would change it by approving a change order to thc projcct or by rebidding the project. Clint I1erbst asked if the Tcd Holker property could be utilized how much easement area would be needed. Bret Weiss estimated about 8,000 sq. ft. Brian Stumpf suggested that the engineer look at this option and also at negotiating the needed easements. Bret Weiss noted depth of the pipe in this area would be between 4'-12'. 7 d C4- q Council Minutes - 5/9/02 . Wayne Mayer questioned the difference between the engineers estimate and the bid prices. Bret Weiss stated that the pipe price was the difference. Bret Weiss stated this is a small project and it is difficult to get many contractors to bid on the small projects. Under the original proposal directional boring would be done except at the east end. lfthe City is not able to get the necessary casements, directional boring would be done in that area as well. Bret Weiss suggested that he contact Ted Holker and the work on the easements and if something can't be resolved the bids could then bc rejected. TOM PERRAULT MOVED TO TABLE ACTION ON TIlE BIDS FOR THE HILLSIDE STORM SEWER OUTLET UNTIL THE MAY 23, 2005 MEETING GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Review of bids and consideration of award of contract for Parkine lot improvements (Pioneer Park and lot adiacent to existin!! library) Citv Project No. 2004-32C. Bret Weiss summarized the bids results for the parking lot work noting six bids were received ranging in price from $96,963.00 to $125,984.00 with Buffalo Bituminous submitting the low bids which was within $1,000 of the engineer's estimate. . John Simola stated he got a quote for some lighting work to place conduit in the parking lot for future lights. The cost of this work is $2,400. There was also a separate bid for the lighting in the amount of $4,200. For $6,600 the lighting of the parking lot by the library would be completed. The price is from the same contractor who is doing the lighting work on the library buildng. No lighting is proposed for Pioneer Park at this time. GLEN POSUST A MOVED TO A WARt) THE PARKING LOT IMPROVEMENTS, PROJECT NO. 2004-32C TO BUFFALO BITUMINOUS IN THE AMOUNT' OF $96,963.00 AND TO ACCEPT THE BID FROM GREYSTONE CONSTRUCTION TO DO THE LIGHTING WORK IN THE AMOUNT OF $6,600. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Review of bids and consideration of award of contract for SE Sanitary Sewer Interceptor (Bondhus se!!ment) City Project No. 2000-l2C. Bret Weiss showed a copy of the drawing for the pipe going across the Bondhus property. They are still waiting to hear from the railroad to see if the City will be allowed to auger across the railroad tracks at angle. T'here have been a number of additions to the project since the feasibility report was done. The design added more pipe for jacking behind the buildings on the WSI Industries site and the KaItec site and jacking beneath Chelsea Road. The storm sewer along the east side of the St. IIenry's property was also upgraded. Those additions plus additional casing pipe added $400,000 to the overall cost. . The project was bid with two alternates, One was using an epoxy coated reinforced concrete pipe 8 'd A-. (0 Council Minutes - 5/9/02 . and the other alternate was for Hobas pipe which is a fiberglass type of pipe. Five bids were received with the low bid for Alternate #1 being $3,157.148.15 and the apparent low bid for Alternate #2 was $2,872.854.05. The City Engineer was recommending going with Alternate # 2. Three hids were received that were close to the engineer's estimate, however one of the hids had an error in it. In addition because the Hobas pipe is somewhat new, the engineer conducted a pre-bid qualification conference with the bidders. Part ofthis pre-bid qualification process included submittal of a questionnaire by the bidders. One bidder did not submit the questionnaire until the afternoon ofthc day of the pre-bid qualification meeting. This latc submittal was questioned hy another bidder and the issue was referred to the City Attorney who indicated it was not a concern and recommended the project should be awarded to the lowest bidder. Barbarossa and Sons stated because of the error in their bid, they could not do thc project at thc price quoted and would not enter into a contract at that pricc. The question was whether Barbarossa and Sons would havc to forfeit the bid bond in the amount of 5% of the bid price. . City Engineer noted the City could award the contract to Barbarossa and Sons and have the City Attorney investigate the matter of going after the bid bond; award the contract to the next lowest bidder, S.R. Weidema in the amount of $2,872,854.05 or reject the bids. Clint Herbst asked the City Attorney if there was any latitude to negotiate with the low bidder. Tom Scott said no, The City engineer felt it might be tough to go after the bid bond. WSB found the error when they were reviewing the bid tabulation and notified Barbarossa and Sons of the error. City Attorney, Tom Scott said the City would need to award the contract to the low bidder, Barbarossa and Sons and if they do not enter into a contract within ten days, the City could then look at holding their bid bond. What can be withheld from the bid bond is the difference the City has to pay betwecn the low bid price and the next lowest bidder. However, Tom Scott stated there are some additional issues that need to be researched. Glen Posusta asked if the City could put any restriction on the contractor such as not accepting a hid from that firm for a certain length of time. The City Engineer did not recommend that type of action since it could affect the number of bidders on future projects. He noted Barbarossa and Sons had done work in the City before and has a good reputation. Glen Posusta felt the City should reject the bids and re-advertise the project. He felt the City would come back with bettcr priccs. Clint llerbst asked if the time frame allowed for re-bidding. Bret Weiss indicated that they would not be able to make the deadline for the Construction Bulletin which would set this project back about a month. John Simola stated these contractors are bidding on other projects and may not bc available to bid on this project again if the project is re-bid. TOM PERRAULT MOVED TO AWARD 'fUE CONTRACT FOR THE TRUNK SANITARY SEWER EXTENSION SOUTHEAST INTERCEPTOR/BONDHUS SEGMENT, CITY PROJECT NO. 2000-12C TO BARBAROSSA AND SONS IN THE AMOUNT OF $2,641,714.15. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. . 9 d Cl -" " . 14. . . Council Minutes - 5/9/02 11. Review of bids and consideration of award of contract for Chelsea Road Extension (90th Street to CSAH 39). City Proiect No. 2005-11 C. Bret Weiss summarized the bid results stating a total of nine bids were received with R.L Larson Excavating submitting the low bid of $2,662,398.38 which was $200,000 lower than the next lowest bidder. The engineer's estimate was $3,265,256.79. Two alternates were bid as part of the project. Alternate #1 was f()f a 6 inch force main and Alternate #2 was for an 8 inch f()rce main. The City Engineer recommended going with the 8" force main. BRIAN STUMPF MOVED TO A WARD THE BASE BID PLUS ALTERNATE NO.2 (8" FORCE MAIN) FOR THE CHELSEA ROAD EXTENSION, CITY PROJECT NO. 2005-11 C TO R.L. LARSON EXCAVATING, INC. WITH THE CONSIDERA TJON THAT THE CITY IS STILL EV ALUA TING THE LIFT STATION EQUIPMENT AND MA Y DELETE THOSE ITEMS AFTER REVIEW WITH THE CON'fRACTOR. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. REMOVED FROM AGENDA. 13. REMOVED FROM AGENDA. Consideration of approvin2: plans and specifications and authorizin2: advertisement for bids for the 2005 Core Street Proiect No. 2005-JC. Bret Weiss reviewed the project noting at the last meeting the Council recommended going with 28' wide streets with barrier style curb and gutter. A sidewalk is proposed as an alternate. With the change of the street width to 28 feet parking would be restricted to one side of the street. Glen Posusta questioned why the sidewalk was going along River Street and not on Sandy Lane. John Simola said if sidewalk was placed on Sandy l,ane it would have to go on the north side and this would create some maintenance difficulties. Glen Posusta felt with the City's manpower and equipment this should not be a problem. Tom Perrault asked if the street would still be centered in the right of way. Wayne Mayer asked at what point is it determined on which side of the street the parking is restricted on. John Simola stated it is generally on the side opposite of the mailboxes. Wayne Mayer questioned if the City wanted to go to 32' and have parking on both sides of the street. There was discussion on the widths of various streets in the City. Clint Herbst asked where Willow Street is stubbed in going to River Street what kind of finish was going to be done. Bret Weiss said at this time he didn't know but felt there should be surmountable curb running aeross it. BRIAN STUMPF MOVED TO APPROVE THE PLANS AS PRESENTED AND TO AUTHORIZE ADVERTISEMENT FOR BIDS FOR 2005 CORE STREET IMPROVEMENT CITY PROJECT NO. 2005-1 C AND APPROVING A RESOLUTION RESTRICTING PARKING TO ONE SIDE ONLY. 10 ;)A-IJ, . . . Council Minutes - 5/9/02 Tom Perrault asked if River Street from Chestnut Street to Willow Street could be 32' so people could park on both sides of the street. Wayne Mayer and Glen Posusta concurred with that suggestion. Brian Stumpf felt the driveways in that area were long enough to accommodate parking and so parking on both sides of the street wasn't necessary. Wayne Mayer felt he would like the street width increased to 32' because of the pedestrian traffic in the area and safety issues. MOTION FAILED FOR LACK OF A SECOND. WAYNE MA YER MOVED TO APPROVE THE PLANS AND SPECIFICATIONS FOR THE 2005 CORE STREET IMPROVEMENT PROJECT NO. 2005-IC AS PROPOSED EXCEPT 'IlIA T THE SECTION OF RIVER STREET FROM CHES]'NUT STREB'r TO WILLOW STREET WOULD BE CONSTRUCTED TO 32 FEET AND WITH TIlE PARKING RESTRICTION APPLIED TO THE 28 FOOT PORTION ONLY. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH BRTAN STUMPF VOTING IN OPPOSITION. Added Items: Revisions to Annexation Agreement: Proposed revisions to the annexation agreement were discussed at workshop held at 6 p.m. Clint Herbst summarized the proposed changes noting that some of the changes were minor. Other changes included whether the City or Township had authority to designate who the County's representative to the Joint Planning Board would be and whether a City member could be removed from serving on the Joint Planning Board. Clint Herbst noted that since the representatives serve one year terms, if the Council felt that individual was not serving the City well, the Council could elect not to reappoint him to that position for another term. Another issue was the provisions that allowed for certain residential developments within the Township to be considered as contiguous to the City. Clint I Icrbst felt that this provision was unnecessary. He did not feel the City should be developing that much land area over the term of the annexation agreement. It was more land area than was needed for development. The Council did feel an exception should be made for the Hidden Forest/Sunset Ridge development since that was already in process. GLEN POSUSTA MOVED TO APPROVE THE CHANGES TO THE ORDERLY ANNEXATION AGREEMENT AS RECOMMENDED BY THE JOINT PLANNING BOARD WITH THE EXCEPTION THAT THE RIVERSIDE AND TYLER EAST DEVELOPMENTS BE CONSIDER CONTIGUOUS TO TI-IE CITY SO AS TO ALLOW THE DEVELOPMENT OF IIIDDEN FOREST/SUNSET PONDS AREA WHICH IS TN THE DEVELOPMENT STAGE. WAYNE MA Y ER SECONDED THE MOTION. MOTTON CARRIED WITH BRIAN STUMPF VOTING TN OPPOSITION. Local Road Improvement Grant Application: Bret Weiss indicated that he was submitting a copy of information submitted to the Department of Transportation for a local road improvement grant. II dA-./~3 . . . Council Minutes - 5/9/02 15. Aporove oavment of bills for Mav. There were questions on the bills from Michelle Hertwig, and the YMCA Detached Worker Program. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. GLEN POSUST A SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 16. Adiourn. Tom Perrault asked if in the future the bid information could be submitted as part ofthe Council packet. Bret Weiss indicated that normally the bid opening is held on Friday and the bids are then tabulated by the engineer so it is not possible to meet the City's deadline for getting the agenda out but they will look at what can be done. Clint Herbst adjourned the meeting at 9: 15 p.m. ~_._,....---'-~' Recording Secretary 12 ~A ~ \ l\ MINUTES SPECIAL MEETING - MONTICELLO CITY COUNCIL . Monday May 9, 2005 - 5 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf. Members Absent: None Staff Present: City Administrator, Rick Wolfsteller; Economic Development Director, Ollie Koropehak, MCC Director, Kitty Baltos; Public Works Director, John Simola; Parks Superintendent, Adam Hawkinson; Street Superintendent, Roger Mack; Sewer and Water Superintendent, Matt Theisen; Deputy Registrar, Diane Jacobson; Community Development Director, Jeff O'Neill; Street Foreman,Tom Moores and Liquor Store Manager Joe Hartman. 1. Call to Order. Mayor Herbst called the workshop meeting to order at 5 p.m. 2. Discussion of ~oal settin~ process and development of preliminary mission statements. . Glen Posusta gave a brief summary of a meeting held with some city employees to get their comments about a proposal to establish an employee bonus program. The idea of the bonus program was to encourage employee involvement in coming up with cost saving ideas and methods of improving efTicieney. It was also hoped this would help create a more cohesive work force. A number of interesting ideas eanle from this meeting which included the cross training of employees. If the City would go to four 10 hours days the cross training would prove helpful especially in Public Works in being able to adequately staff departments. Rick W olfsteller stated that although the proposal for four 10 hours days has been discussed for union members, making that switch would impact other employees such as the clerical stair and supervisors. He added that the union has not agreed to the proposal. Glen Posusta asked if there were any concerns about interdepartmental training. .Jeff O'Neill reviewed a power point presentation he had prepared regarding the goal setting process and the development of mission statements. Jeff O'Neill stated that money is not the motivating factor for most employees. Employees want a sense of achievement from what they do. . .TcffO'Neill said the Council should prioritize what it is they want staff to accomplish. Each department would need to design their mission statement and need to set perf'(mnance standards and a criteria to measure if the standards arc being attained. Once each department has set up their mission statement, goals and measurement criteria, it will come back to the Council for their review and comment. Once the staff knows what their directives are, it will be better for the employees. He said the strength of the organization comes from the people d 8-- IS Council Minutes - 5/9/05 . doing the work and that staf1has to work together to be as efficient as possible. Some questions to be considered are: What training is needed? Do we need a budget for this? What is the time frame to accomplish this? Clint lIerbst stated his goal is for government to be more efficient. He said when people call they don't want to hear staff say they will do something when they get around to it. He doesn't want to see people standing around waiting for service. Clint Herbst said the perception of the City is at the point where people think the staff is not trying to serve the public. The City needs to do a little bit more for the customers. Clint Herbst said he wants to try to shed the image that the City is diHicult to work with. Glen Posusta stated that the Council is not telling the staff that they are worthless nor is the Council trying to disrupt staf1 procedures. The Council is trying to tell staff that the City can improve. Clint Herbst added that the Council is not responding because of one single complaint but rather when they have a series of complaints about either an individual or a procedure. The concern is that there is a real problem that needs to be addressed. . The Council feels there is a need for more cohesivcncss among stalT. They also fclt that employees should fccl comfortable about coming forward with ideas or suggestions and not feel that if their suggestion is critical of current practices that thcy will suffer for it. Clint Herbst said if the supervisors don't get the feedback from employees it is difficult for things to change. Clint Herbst felt there were some problems as the Council was hearing about it, but the Counci I doesn't know if the problem relates to an individual or an existing practice. There was a brief discussion on the use of complaint forms, follow up service and suggestion boxes. Clint Herbst said it is important to meet periodically to revitalize staff and to look at ways to get feedback. Clint Herbst felt that some of the best comments and suggestions come from the employees and not Council. Kitty Baltos said the MCC had some success with having MCC personnel survey users of the Community Center in a non-obtrusive way. The response from the users provided a good form of feedback. Jeff O'Neill suggested a meeting with the developers outlining the City's development process so that everyone is on the same page as far as knowing and understanding the requirements. . Glen Posusta said there was some apprehension on the part of the employees since they didn't feel their suggestions were taken properly by the supervisors. Clint Herbst suggested that upon receiving suggestions maybe the Council could sit down with supervisor and ask them if the suggestion could be tried. He felt there needs to be a focus on communication between staff and supervisors. Kitty Baltos stated that some times the issues are personal but the supervisors have to wade through it. Roger Mack felt that may be the suggestions should go to Rick Wolfsteller or to the Personnel Committee so the supervisors don't know where the suggestion came from and can't retaliate against the employee. 2 d b-/G . . . Council Minutes - 5/9/05 It was also felt the City needs to get away from "this is the way it was always done" mentality. Glen Posusta cited the policy at Public Works about taking breaks on sitc rather than coming back to the Public Works Building. The fact that not all departments observed that policy created animosity between departments. Brian Stumpf felt if it was a policy the supervisors should be taking care of it. Wayne Mayer felt that meeting with the supervisor should be done first before it goes to Rick Wolfsteller or the Personnel Committee, which consists of Clint Herbst, Glen Posusta and Rick Wolfsteller. Clint Herbst felt it should go directly to the Personnel Committee. John Simola stated that before each snowplowing season, the staff goes through all the complaints and suggestions received from the previous season. This helps by refreshing procedures that are used and perhaps refines some of the procedures. Tom Perrault explained the procedures Wal-Mart used for employee suggestions. Clint Herbst said he wants to see the employee suggestions. He said he wants to put something together having employees listing what is good and bad about their department and this listing will go to Rick Wolfsteller and then to the Personnel Committee. Clint Ilerbst stated the form from the developers will be done first. Joe Hartman and Diane Jacobson said they didn't know for sure what the Council wanted from them. They stated because their revenues are customer generated, everything they do is set up to serve the customer. The direction was to have department staff work on their mission statement, their goals, objectives and means for attaining them and have them ready by the first week of July. 3. Adiourn Mayor Herbst closed the workshop meeting at 5:50 p.m. Recording Secretary 3 Jr6~, \\ MIN UTES SPECIAL MEETING - MONTICELLO CITY COUNCIL . Monday May 9, 2005 - 6 p.m. Members Present: Clint IJerbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf. Members Absent: None 1. Call to Order. Mayor Herbst called the workshop meeting to order at 6 p.m. Also attending the meeting were Torn Salkowski from the Wright County Office of Planning and Zoning and Pat Sawatzke, Wright County Commissioner. 2. Discussion of Droposed revisions to annexation a2reement. Clint Herbst stated that the first meeting of the Joint Planning Board as set up in the annexation agreement was held in March. At that meeting the Joint Planning Board reviewed the ffi1l1exation agreement and revisions were suggested. Clint Herbst didn't feel the changes that were suggested by thc Joint Planning Board were a major item. . Clint Herbst stated that although staff expressed their concern about certain residential developments specified in the agreement as being considered contiguous to the City, he didn't feel that provision was necessary. With almost 4,000 acres of land within the Koch property, Heritage development and the YMCA site he didn't feel the City should be taking on any more than that. I-Ie felt that there was adequate lffild for development over the 1 5 year term of the agreement without have these developments considered contiguous to the City. Brian Stumpf questioned if the Township did not feel it was a good agreement why did they sign it. Wayne Mayer asked Tom Salkowski <md Pat Sawatzke if they felt it was a good agreement. Torn Salkowski had served on the MOAA Board since 1979 and Pat Sawatzke had been on since 1991. Pat Sawatzke said the County Board was not happy with the agreement and that without the County Board approval this would have gone to court. Pat Sawatzke said one provision the County Board didn't like in the agreement was that the Township and City appointed a County Commissioner to the Joint Planning Board. . "rom Salkowski said he didn't know what had taken place during the negotiations. He said he would have done it differently but added that not having gone through the negotiation process, he couldn't say ifhis feelings would be dillerent. lIe agreed with Pat Sawatzke that the City or Township cannot appoint a County Commissioner to anything. Tom Salkowski said with or without an annexation agreement the County should have provided some input but he realized this was an agreement between the City and the Township. Tom Salkowski said the changes proposed cmne up because the Joint Planning Board was looking at the agreement to see the function of the Joint Planning Board. Torn Salkowski felt these changes as far as the County was concerned was an improvement. J-C-18 Special Council Meeting Minutes - 5/9/05 . Jeff O'Neill said that planning for infrastructure needs was a very important consideration for the City and the City felt to get something going the annexation request was necessary. While he realized the size of the annexation request created hard feelings, he felt it was necessary to corne up with a planning area to study as far as infrastructure needs. Glen posusta said prior to the new agreement the Township gave up 602 acres of land. Clint Herbst stated that the revisions made docs not substantially change the agreement. Jeff O'Neill questioned the change in the provision that would not allow the City Council to remove City representatives to the Joint Planning Board if they are not following the provisions of the City's Comprehensive Plan. Clint Herbst said his understanding is that you could not remove them during their one year term. There was nothing to say that the City could decide not to appoint those same members for another term. Cl int Herbst stated this issue was raised because on the previous annexation board, the City's representative didn't follow the Council's directive. He stated he was on the board and that particular case was a public hearing and he didn't think it was right that his mind be made up ahead of time. . Pat Sawatzke stated there are nine proposed changes to the agreement some very minor. He noted that the proposed changes were not brought up by the County or the Township but by the City representatives on the Joint Planning Board. Brian Stumpf stated that this was a negotiated agreement and questioned ifthe Joint Planning Board had authority to make these changes. Clint Herbst said it was a recommendation of the Joint Planning Board. John Simola mentioned a concern about the developments listed as contiguous to the City and making sure the infrastructure was suf1iciently sized to serve the area. John Simola would like to leave the door open as far as these developments. Sunset Ridge/I-lidden Forest was brought as it is adjacent to one of the developments listed as contiguous in the agreement. Clint Herbst felt that because this was already in the development stage it could be exempted. County Ditch 33 and Pelican Lake were also discussed. Pat Sawatzke stated that Pelican Lake is an area they are trying to preserve and to have that in annexation area gives the perception that it will be developed which is why a portion ofthat area adjacent to Pelican Lake was removed the annexation agreement area.. . Tom Salkowski stated on May 10th after the County Commissioners meeting he would be giving a presentation on the County Comprehensive Plan. The County realizes that parts of the Comprehensive Plan need to be updated. They are suggesting working on a plan for the northeast quadrant of the County including Monticello, Rockford and Buffalo Townships and the cities of St. Michael, Monticello, Rockford and Buffalo. The County wants to get city and township involvement at the same time. Tome Salkowski said in the 25 years he has been with the county the type of growth has changed going from large lot septic systems to lots within the cities. Tom Salkowski said he believes that Pelican Lake can be preserved. The Township provides road service only, so the County would have to get involved with the storm water management. Pat Sawatzke felt there should be an agreement between the 2 dC-lq . . . Special Council Meeting Minutes - 5/9/05 different entities that work with this area. Tom Salkowski felt that Wright County is the most restrictive as far as density. Jeff O'Neill said the development pressure is great and it is important that the City be alert in order to preserve unique areas. Pat Sawatzke said the Township is primarily zoned agricultural and he has not talked to anyone on the town board who wants 10 see it changed. If the township says they want 1 in 40 density, the County accepts it. Pat Sawatzke said the County was more cautious in allowing development. Glen Posusta asked why the one acre lots work in some areas and not others, like in Otsego. Pat Sawatzke felt the one acre lots were more wasteful and that five acre lots could be redeveloped at a later point. Tom Salkowski felt that one acre lots do not work anywhere. "rom Moores spoke about a property which is being surrounded by the proposed Sunset Ridge/Hidden Forest Development and that will result in a large lot site being surrounded by City lots. Did the city want to see that happen? He felt the developers should buy those lands rather than allow islands of township surrounded by City. Bret Weiss said the City encourages developers to purchase those site but the City can't force the developer to do so. Tom Moores asked if the City was going to bend over backwards for this development because ofthe ditch 33 problem. Council action on the proposed revisions will be taken at the regular Council meeting. 3. Ad iourn. Mayor Herbst closed the workshop meeting at 6:50 p.m. Recording Secretary " -, dC-;),tJ Council Agenda - 5/23/05 . SA. Consideration of aoorovine new hires and departures for MCC. (RW) A. REFERENCE AND BACKGROUND: The Council is asked to ratify the hiring and departures of employees that have occurred recently at thc MCC As you recall. it is recommended that the Council oiIicially ratify thc hiring of all new employees including part-time and seasonal workers. B. AL TERNA TIVE ACTIONS: 1. Ratify the hiring of the employees as identified on the attached list. C. SUPPORTING DATA: Lists of new employees. . . 5~-~' NEW EMPLOYEES . Name Cross, Ryan Title Custodian Department MCC Hire Date Class 5/12/2005 Part Time TERMINATING EMPLOYEES Name Reason Department Last Day Class . . employee councillist.xls: 5/19/2005 SA - dd City Council Agenda - OS/23/05 . 58. Consideration of denial of a reauest for a Conditional Use Permit for a Preliminary Plat and Conditional Use Permit for residential units on the qround floor in the CCD. Applicant: Dennis James. (NAC) A. Reference and Backqround. Planning Commission conducted a public hearing and recommended denial of the conditional use permit under Alternative #3 below. Dennis James is proposing a four-unit project of two twin-home buildings on a parcel along 6th Street between Maple and Linn Streets. The project site consists of approximately 24,290 square feet and is zoned CCD, Central Community District. The property is surrounded by residential uses on the north, east and west (single family) and the south (multiple family). Within the CCD, residential units on the ground floor are only allowed by Conditional Use Permit, subject to the following conditions: Residential dwellings on the ground noor, subject to the following conditions: . 1. The proposed site for residential use is consistent with the goals and objectives of the Downtown Revitalization Plan. 2. The proposed site does not interrupt the flow of commercial pedestrian traffic In the "CCO" district. 3. Density for ground floor residential units shall not exceed one unit per 9,000 square feet oflot area, exclusive ofland area utilized by, or required for, permitted uses on the property. At this density, the property is only permitted a maximum of 2 units. The property is far short of the land area necessary for a 4 unit project. However, the plan meets the more general twin home density requirements of 6,000 square feet per unit if it were located in a different part of the City. To accomplish a higher density, the applicant would need to ask for a PUD to increase the density allowances. However, it has been the City's PUD standard to require townhouse or twinhome development that meets the following dimensional requirements: Ordinance Reauirement ProDosed Dimension Front setback: 30 feet 30 feet Usable Rear Yard 30 feet usable 6 feet Garage separation 78 feet 64 feet Driveway depth 25 feet 22 feet Private Street width 28 feet 20 feet . As can be seen from the table, the proposed site plan violates the majority of the required ~UD development standards, necessary for approv€il of a project with private street service. S Q, -d 3 City Council Agenda - OS/23/05 . In addition to concerns over density, there are a number of drainage issues in the neighborhood that would need to be addressed if a project of this intensity were to be considered. It is not clear that this level of lot coverage could be accommodated given the lack of proper drainage in the area. In summary, the applicant needs a PUD to provide for flexibility to avoid the standard density restrictions of the CCD residential use requirements. However, the City has imposed several consistent requirements when PUD is utilized to get around traditional public street platting. This project can not meet those requirements. B. Alternative Actions. Decision 1: Preliminary Plat and Conditional Use Permit for Ground Level Residential Units in CCD zoning district. 1. Motion to recommend approval of the Preliminary Plat and CUP as requested subject to an application for a PUD to apply flexibility in density and other design issues. 2. Motion to recommend approval of the Preliminary Plat and CUP, with the condition that the project is reduced to the 2 units allowed without a PUD, and that final plans are subject to review for landscaping and engineering requirements. . 3. Motion to recommend denial of the Preliminary Plat and CUP, based on findings that the plat and development plan do not comply with the terms of the zoning ordinance with regard to density, nor with the City's PUD requirements for Driveway depth, private street width, garage separation, or usable rear yard space. c. Staff Recommendation. Staff recommends denial of the plat and CUP. The zoning district does not permit this number of ground floor units on the site, and the proposal fails to adhere to several dimensional standards applied to PUD projects in which private streets are used. The applicant should be required to revert to a previous approval for two single family homes on the property. If the City believes that attached housing is appropriate, approval for a two-unit building could be considered, however, a new site plan would need to be submitted for review. D. Supporting Data 1. Site Plan 2. Grading Plan 3. Architectural Plans . 5 \b - d~ :l1"lES C.LiSTOi"'l BUILDERS ~ TUJINf-IOI"IES . /' /'" IOl'nICEI_LO, MN /'" / . ~o~> ,~4: ./" /'" --- \: ~~- 1\lS" I I I I --ii I I / / / / / GARAGE 24' X 22' . UNIT B 1440 SQ. FT. I ------ ---I I I I I I I F. :l =1 ) c )"01 '1 (() ~) I ,- ('I I UNIT A 0) II 1446 SQ. FT. --lot-:- 3b., I . : I I GARAGE 24' X 22' F."'.-- 231~l' Ft,~ 21'-l' 1:;'-11' /'" /," I ././ I ./ ~,-~ r"- /" I ./ I / A""fJJ ~ . I I \ /'" 1)9;; '? I ..-/ 00;;0 :~ /1 roC) '0- / I / I / I p-0 -/ I I ~'\~ I ,)rt/ ~ I Y I / Q I ..... ill 't I I I I I j ---1----~ I 9 GARAGE I '" 24' X 22' I '" I I \ I UNIT B I ~ 14410 SQ, FT. J 'r '" - F. / ill "- IF.I > - I I (t Q Q GARAGE I I ill '" 24' X 22' I '" Q 23'-l' I ~ F I ') - II (~) C'l UNIT A I ~ 14410 SQ, FT. I ";- '" - I F. IF.I --., .~ -- ~ ..~~ 20'-0' 13'-l' 36'-3' ," :6'_0.1 , G I I '" I 132.00 I ., 503\;:)0'00 olE I o r<1 ,1"\ t~.) 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Public Hearing - Consideration of a request for a Conditional Use Permit for first-floor residential development and Preliminarv Plat for a four-unit townhome development in the CCD (Central Community District). Applicant: Dennis James Custom Builders Grittman presented staff report, stating that Dennis James is proposing a four-unit project oftwo twin-home buildings on a parcel along 61h Street between Maple and Linn Streets. The project area is zoned CCD, Central Community District, which requires a conditional use permit to allow ground t100r residential based, subject to consistency with the downtown revitalization plan, and density restrictions. Grittman noted that the property is surrounded by residential uses on the north, east and west (single family) and the south (multiple family). Grittman noted that property is only permitted a maximum of2 units. However, the plan docs meet the more general twin home density requirements of 6,000 square feet per unit. Grittman explained that the applicant had previously been granted a CUP for first floor residential and a simple subdivision to accommodate two single-family homes. To accomplish a higher density, the applicant would need to consider a PUD to grant flexibility to the density allowances. Grittman explained that to allow a PUD, the City would need to consider standards for driveway length, access drive width, and front and rear yard setbacks. The proposed plan does not meet those requirements. Grittman stated that due to those factors, as well as the density issue, staff is recommending denial. Chairman frie opened public hearing. Donald Doran, 515 Maple, expressed his concern about the proposed density, referred to the previous approval for single family homes. Doran stated that he speaks on behalf of a number of neighbors in that they had no objections with two single family homes, if they were in compliance. Patch expressed his concern that the applicant was not available to comment. Patch noted that the appl icant had been in to discuss the staff report and felt that he had been somewhat misled in terms of staff direction on this property.. Simola addressed the storm sewer issues for the area. Simola indicated that he had received a calls from a neighbor to the east regarding this project and the City had also received a comment letter from that neighbor, which was available for Commission's review. Simola stated that both he and the City Engineer feel the system as proposed will not take care ofthe run-off. Hearing no further comment, Chairman Frie closed public hearing. Ililgart stated that as the applicant is not meeting any of the requirements of the PUD standards for such a proposal, it doesn't seem to make sense to table to allow for an application. Dragsten agreed, stating that four units seem to be more than what the site can take. Suchy and Frie also indicated that they would be inclined to deny the request. Posusta stated that he agrees with Patch and Simoa regarding storm water issues. MOTION BY COMMISSIONER HILGART TO RECOMMEND DENIAL OF THE PRELIMINARY PLAT AND CUP, BASED ON FINDINGS THAT THE PLAT AND DEVELOPMENT PLAN DO NOT COMPLY WITH THE TERMS OF THE ZONING ORDINANCE WITH REGARD TO DENSITY, NOR WITH THE cn'Y's PUO sg- 30 REQUIREMENTS FOR DRIVEW A Y DEPTH, PRIV ATE STREET WIDTH, GARAGE SEPARATION, OR USABLE REAR YARD SPACE. . MOTION SECONDED BY COMMISSIONER SUCHY. MOTION CARRIED. . . 'S ~- 3 \ ~~Ufl ~~I~f'" f!IJ. j ~ li~li~ R~ I~ /" jg ,,-~y <, -r I }! . 1 I I I I r , I ~ ) J:!f! >;!!l .. I f ~f", 1 '4 ! : *~ :~~\ 1'1 I""'." ~ o%.~ . / I /i!iR.2- ,,~ . I~~''J i I~ I ~"/~ft ~ I / "....... ~'');>''''''l'" I ;' _"" . ~"'/~~npr! "~I ~,~,.....,I ~~. J ff:1rJ!l; "/ " ~Z ~ ~i ~ f!i:"y' " . ''is '" ~ 'i' "" / ~.. l ~ s / ";... ~" ~j / /'-" ""'", '" ".....; / """" / '-'" "" / " ,-, " I I / " / Y /'" / ~" " " " / '''N '" ! '/$ '%..0," ~ I " ~'- ~$tj ~.'a'a ') / t, ~~",,+.y, . / ;....,,_ I .. 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Council Agenda - 5/23/05 Consideration of adoption resolution reflectinl! Council action on future mer~er of Heartland Express and River Riders. (JO) A. REFERENCE AND BACKGROUND: At thc February 28, 2005 meeting the Council discussed options for thc continued operation of a transportation system within the City of Monticello. The result of the discussion was a motion that the City would continue operation of the Heartland Express for the balance of 2005 and authorize a merger with River Riders Transit effective January I, 2006. The City has been informed by MnDOT that they want the Council's action of February 28th reflected in resolution form. Staff has prepared a resolution for Council approval which is attached. MnDCrr is not requesting any additional action or change in previous Council action only that the format of previous action be in resolution form. B. ALTERNATIVE ACTIONS: c. D. I. Adopt the attached resolution reflecting Council action of February 28,2005 to continue Heartland Express operation through 2005 and to merge with Rivcr Rider Transit effective January I, 2006. STAFF RECOMMENDATION: Staff recommends approval of the resolution realizing that this item is a minor housekeeping matter with MnDOT requesting Council action being reflected in the format desired by MnDOT. SUPPORTING DATA: Resolution Sc...-3l . CITY OF MONTICI,:LLO WRIGHT COUNTY, MINNESOTA RI{SOLUTION NO. 2005-57 HEARTLAND EXPRESS/RIVER RIDER MERGER WHEREAS, the City Council of the City of Monticello on February 28, 2005 discussed the continued operation of a transportation system for the City of Monticello, and WHEREAS, the motion of the Council was to continue City administration of the Heartland Express for the balance of 2005 and authorize merging with River Rider Transit effective January 1,2006; and WHEREAS, The Minnesota Department has requested that the Council action of February 28, 2005 be reaffirmed in an official resolution of the City Council, NOW THEREFORE, BE IT HEREB Y RESOL VED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO that the City of Monticello will continue to administer the Heartland Express transportation operations through the year 2005 and hereby authorizes the merger with River Rider Transit ef-lective January 1,2006. . Adopted by the Monticello City Council this 23,d day of May, 2005. Clint Herbst, Mayor ATTEST: _.~,..~~'- ~~ ".--~~ Rick Wolfsteller, City Administrator . 5G-3~ . . . 5D. Counci I Agenda - 5/23/05 Consideration of adoptine: resolution acceptine: petition for annexation of balance of Poplar Hill development and authorizine: annexation under the terms of the City/Township ioint ae:reement e:overnine: annexation. (RW) A. REFERENCE AND BACKGROUND: B. In April, 2005 the City Council approved a resolution accepting certain parcels within the Poplar Hills development [or annexation. Three of the flmr parccls that comprise the Poplar Hill development were contiguous to the City and were covered in the first annexation request. The Municipal Boundary Adjustment Board approved the annexation of these three parcels at their May 12th meeting. The developer has requested the Council act on the remaining parcel (213-100-152204) which consists of 53.95 acres since it is now contiguous to the City limits and covers the remaining portion of the preliminary plat that was approved by the City Council on April 25th. This annexation request is being processed in accordance with the provisions of the approved annexation agreement bctween the City of Monticello and Monticello Township. The property lies within the annexation area agreed to by thc City and Township. With the approval of the previous annexation request, this parcel is now contiguous to the City. A resolution has been prepared for Council approval and a letter has been sent to the Township noting that the City is processing this annexation request according to the terms of the annexation agreement. AL TERNA TIVE ACTIONS: 1. Approve the resolution annexing the remaining parcel of the Poplar Hill Development (213-100-152204) which is now contiguous to the City limits. This request meets the criteria set forth in the annexation agreement between the City and the Township. Upon approval of the annexation request, the resolution will be forwarded to the state who may review and comment on the annexation request but is required to order the annexation within 30 days of the receipt of the resolution. 2. Do not approve the annexation request. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator that the annexation petition covering the remaining parcel of the preliminary plat for Poplar Hills development be approved and the resolution forwarded to the state. D. SUPPORTING DATA: Petition and map. so- 3et . . . 1://1 AREA COVERED IN PREVIOUS ANNEXATION REQUEST http:// 1 56.99.28. X9/serv Ict/cOln.esri .esrimap.Esrimap?ServiccN ame=CustomI'arccl&Clicnt... 5/16/2005 5\J-LlO . . . CITY OF MONTICELLO PETITION FOR ANNEXATION Owner's Name: Gary S. Schluender and Vicki Lynn Schluender Robert L. Schluender and Tracy AIm Schluender 9731 Briarwood Ave NE, Monticello, MN 55362 Address: Phone: 763-295-5784 (day phone for both) To the Council of the City of Monticello, Wright County, Minnesota: We, the undersigned, the owners of the property described below, hereby request the City Council of the Monticello, Minnesota, to annex this area to the city and to extend the city boundaries to include the same, and for that purpose respectfully state: 1. The area to be annexed consists of fifty-three and 951100 (53.95) acres. All of this land lies entirely within the County of Wright, Minnesota, and the description of such land is as follows: PARCEL 2: PIO 213-100-152204 All that part of the West Half of the Northwest Quarter of Section 15, Township 121 North, Range 25 West, which lies South of the center line of the road which runs in a Northeasterly-Southwesterly direction through said West Half of the Northwest Quarter; 2. The area described above abuts upon the city limits at the westerly boundary thereof, and none of it is presently included within the corporate limits of any incorporated city. 3. All of this area is or is about to become urban or suburban in character. Li-7-[l)"' Date ~l-ltiD ~ S. Schluencier ,IV dL/LL Robert L. Schluender Y--l-OS: Date 50-L! \ . . . 5E. Council Agenda - 5/23/05 Consideration of approval of a revised final plat for Carlisle Villal!e 2"d Addition. (JO) A. REFERENCE AND BACKGROUND: This is a housekeeping matter relating to the change in design of the town-home development area within Carlisle Village which was approved some time ago by the City Council. As you may recall, the town homes proposed under the revised plan are somewhat larger than the town homes proposed under the original plan. The altered footprint created by the new design creates the need to redraw the plat. Please note that roads and utilities are already in place in the area of the revised plat. The original development agreement relating to the subject area will continue to govern. B. ALTERNATIVE ACTIONS: 1. Motion to approve the revised final plat for Carlisle Village 2nd Addition. 2. Motion to deny approval of the revised final plat for Carlisle Village 2"d Addition c. STAFF RECOMMENDATION: Staffrecommends alternative 1 as this action is consistent with a previous approval to allow an amendment to the original pun relating to the Town home area within the development. D. SUPPORTING DATA: Copy of revised plat. 5E- 4d .i,~~~ Q.1,QQ.."t)-- =\,51 ~~ ~,\ i ~s- "'''' i3'g <<lC-iS'::T 1; 6-~ ~i-5""" 5' 5'~3-a ..'E ~2 S' ::r 0. a. ~.... ,. j;\ lqgiii' ~j;\ g. ~'S g 2li" ;:;:r~~ ~~3~~ B ii ;>0\ a.~ 3''' ~ ~'g.j'- "':.- -"6 ;>0 -d~ g.i=: ~~'~& ~~. ~! ",0. -~r- g: ~: I 5' S h <1: '" ~\ :i:! ~S 5>,& ~S!1g Q~ :::, _. (I) -.;;z- ~ ~' ~ ..,~ 0.(0 ..," " ;;'111 ~~:T~_ !} ..'" ~,..~'g. 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I r,7, N/'$D.,O:i'; , 0'/1/ r -NB9052'16"W \ ~ 107.20 -' ',I ~TRE}.7 ~ ^' c- l~~ IV*L:. ~ .........~ pt, .. '5o~ >ii U\ '> / / / / / / - - ........ ~ ....... ....... // '-....J "...- ---- --- --- // /' ....../' -- ~ 1,~l / I / \1 ~ I "- / "- / "- / / / / / / / / / / / - ....... ....... ....... ) / / / / / - / .)"-' / :i / ,,):,,, f;:l ,/ <... 'J'.><:1... .".9 '%>.. 'l\~' 'J'Q q,.. 'b ....,~~ " > , , I \ ~ I ~~M I 8~ , . ,~ I I I I I I }J "~I ~~ 0;..> C) c' ;3 C) '~ " 273.32 760.60 ~ ~ :t> , ~ rl F -~ ~ ...'.) I I 1 r-~ 82. NB90J_ " -~, I ~ i !l! ~ C) c, ;3 C) '~ -c :D m J- "" ~ . . . SF. A. Council Agenda - 5/23/05 Execute BNSF Railwav A!!reement for Grade Crossin!! at CSAH 18 for the CSAH 18/1-94 Interchan!!e Proiect (City of Monticello Proiect No. 2004-01C) (WSB) REFERENCE AND BACKGROUND: The enclosed BNSF Railway Agreement is required as a part of the construction of the CSAI-I 18/1-94 interchange. The City Council ordered the construction of this project at the April 1 1, 2005 Council meeting. The agreement is required to expand the existing easement for the grade crossing at CSAH 18 and to replace the existing 52~foot-wide bituminous crossing with a new 112- foot-wide concrete crossing. Both Wright County and the City will be executing the agreement. The City of Monticello is signing the agreement because the City is participating in the cost for the crossing improvement with Wright County on a 46% County/54% City split. B. AL TERNA TIVE ACTIONS: I. Execute the BNSF Railway Agreement and direct the City Engineer to forward the Agreement to Wright County for processing. 2. Do not execute the BNSF Railway Agreement. C. STAFF RECOMMENDATION: The City Engineer recommends that the City execute the BNSF Railway Agreement as outlined under Alternative No.1. D. SUl>PORTING DATA: BNSF At-grade Crossing Agreement (Without Warning Signals) Sv-- '\ ~ {':\OO('( ',\11:' ./\/), 11f".\'(;J~ _1.( 'N,()(', U.,'I-I',h'llIfI'i. Hi.\" n\J-II,\,\F, 19t'i!l'!!It'III.lr!/" {;!"IU!I~ ('/"".l,,'iIl~-I/.'.}f()5,d'!l . AT GRADE CROSSING AGREEMENT (WITHOUT WARNING SIGNALS) Mile Post 33.72 Line Segment 202 U.S. DOT Number 095672T Monticello Subdivision CSAH 18, Monticello, MN THIS AGREEMENT (hereinafter called "Agreement"), executed to be effective as of the ~ day of , ~, by and between THE BNSF RAILWAY COMPANY (hereinafter called "BNSF") , and the City of Monticello, Minnesota, (hereinafter called "Agency"). RECITALS: WHEREAS, BNSF owns and operates a line of railroad in and through the City of Monticello, Wright County, State of Minnesota; WHEREAS, Agency desires to upgrade, at Agency's expense, the at-grade public crossing at CSAH 18 which crosses the BNSF's right-of-way and property at MP 33.72, LS 202, DOT No. 095672T. WHEREAS, the parties desire to express their agreements concerning the construction and subsequent maintenance of the CSAH 18 crossing in writing; . NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of Which are hereby acknowledged, the parties agree as follows: ARTICLE 1- SCOPE OF WORK 1. The term "Project" as used herein shall include any and all work related to the construction of the CSAH 18 grade crossing, more particularly described on the Exhibit A-1 attached hereto and incorporated herein, including, but not limited to, any and all changes to telephone, telegraph, signal and electrical lines and appurtenances, temporary and permanent track work, fencing, grading, placing of concrete crossing panels, alterations to or new construction of drainage facilities, preliminary and construction engineering and contract preparation. Temporary controls during construction shall be in compliance with Section 8A- 5, "Traffic Controls During Construction and Maintenance" of the Manual on Uniform Traffic Control Devices (hereinafter called, "MUTCD"), U.S. Department of Transportation. ARTICLE" - BNSF OBLIGATIONS 1. In consideration of the sum of Sixty Four Thousand and Noli 00 Dollars ($64,000) and the faithful performance of the Agency's covenants contained herein, BNSF shall grant to Agency, its successors and assigns, an easement to enter upon and use that portion of BNSF's right-of-way (hereinafter the "Easement Area") as is necessary to construct, and thereafter maintain, the grade crossing as shown on Exhibit A. The easement referenced in the preceding sentence shall be governed by a separate agreement between the parties hereto which shall be executed simultaneously with the execution of this Agreement. The parties hereto agree that Agency may not transfer, assign, convey, let or sublet any part of the Easement Area for any purpose whatsoever without the prior written consent of BNSF. Additionally, Agency understands and acknowledges that the Easement Area shall be S \=- -, '-\ \tJ / . granted without any promise or covenant of quiet enjoyment and without warranty of title. Agency understands and agrees that BNSF maintains its right to use, relocate or maintain railroad track or tracks or other railroad facilities now located upon the Easement Area, or to construct and thereafter maintain, use and relocate any additional track or tracks or any other railroad facilities whatsoever as BNSF may desire upon or across said Easement Area. The parties further agree that if Agency ceases to use the Easement Area, or any part thereof, for the purposes set forth in this Agreement, Agency will immediately (i) deliver possession of the entire Easement Area to BNSF; (ii) release and vacate the Easement Area occupied by the public road; (iii) permanently close the public road or otherwise restore the Easement Area to its condition prior to the construction of the Project. 2. BNSF, at the sole cost and expense of Agency, shall furnish all labor, materials, tools, and equipment for railroad work required for the construction of the Project, such railroad work and the estimated cost thereof being as shown on Exhibit B attached hereto and made a part hereof. In the event construction on the Project has not commenced within twelve (12) months following the Effective Date, BNSF may, in its sole and absolute discretion, revise the cost estimates set forth in said Exhibit B. In such event, the revised cost estimates will become a part of this Agreement as though originally set forth herein. Any item of work incidental to the items listed on Exhibit B not specifically mentioned therein may be included as a part of this Agreement upon written approval of Agency, which approval shall not be unreasonably withheld. Construction of the Project shall include the following railroad work by BNSF: (a) Preliminary engineering, design, and contract preparation; (b) Furnishing of such flagging services as may be necessary for the safety of BNSF's property and the operation of its trains during construction of the Project; . (c) Installation of 112' concrete crossing surface material including upgrades to the track to accommodate new concrete crossing surface material, to adequately include all vehicular driving lanes. 3. BNSF will do all railroad work set forth in Article II, Section 2 above on an actual cost basis, when BNSF, in its sole discretion, determines it is required by its labor agreements to perform such work with its own employees working under applicable collective bargaining agreements. 4. Agency agrees to reimburse BNSF for work of an emergency nature caused by Agency or Agency's contractor in connection with the Project which BNSF deems is reasonably necessary for the immediate restoration of railroad operations, or for the protection of persons or BNSF property. Such work may be performed by BNSF without prior approval of Agency and Agency agrees to fully reimburse BNSF for all such emergency work. 5. BNSF may charge Agency for its self-insurance expenses when such expenses cover the cost of Employer's Liability (including, without limitation, liability under the Federal Employer's Liability Act) in connection with the construction of the Project. Such charges will be considered part of the actual cost of the Project, regardless of the nature or amount of ultimate liability, injury, loss or death to BNSF's employees, if any. . 6. During the construction of the Project, BNSF will send Agency progressive invoices detailing the costs of the railroad work performed by BNSF under this Agreement. Agency must reimburse BNSF for completed force-account work within thirty (30) days of the date of the invoice for such work. Upon completion of the Project, BNSF will send Agency a detailed invoice of final costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit B. Agency must pay the final invoice within ninety (90) days of the date of the final invoice. BNSF will assess a finance charge of .033% per day (12% per annum) on At Grade Crossing Agreement without Signals 2 S \=. ~. '-\ l Form 010_; Rev. 10/03 . any unpaid sums or other charges due under this Agreement which are past our credit terms. The finance charge continues to accrue daily until the date payment is received by BNSF, not the date payment is made or the date postmarked on the payment. Finance charges will be assessed on delinquent sums and other charges as of the end of the month and will be reduced by amounts in dispute and any unposted payments received by the month's end. Finance charges will be noted on invoices sent to Agency under this section. 7. BNSF agrees that it will, at its own expense, maintain the crossing surfaces within the limits of the ties; however, BNSF shall be entitled to receive any contribution toward the cost of such maintenance as may be now or hereafter made available by reason of any law, ordinance, regulation, order, grant or by other means or sources. ARTICLE III - AGENCY OBLIGATIONS IN CONSIDERATION of the covenants of BNSF herein set forth and the faithful performance thereof, Agency agrees as follows: 1. Agency must prepare all detail plans and specifications, including special provisions, for the Project and submit such plans and specifications to BNSF for its written approval prior to commencement of construction. The plans and specifications must be approved in writing by BNSF and by the Agency before any contracts are awarded by the Agency and before any work is performed by the BNSF. After mutual written approval of the plans and specifications by Agency and BNSF, said plans and specifications will become part of this Agreement and are hereby incorporated herein. All construction and work done by the parties under this Agreement shall be in accordance with the approved plans and specifications. . 2. Agency must make any required application and obtain all required permits and approvals for the construction of the Project. Additionally, Agency must acquire all rights of way necessary for the construction of the Project. Any permits obtained for the BNSF will be at Agency's sole cost and expense 3. Agency must make any and all arrangements for the installation or relocation of wire lines, pipe lines and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than BNSF which may be necessary for the construction of the Project. 4. Agency must construct the Project as shown on the attached Exhibit A-1 and the plans and specifications approved by BNSF and the Agency. Agency must do all work ("Agency's Work") provided for in the plans and specifications for the Project, except railroad work that shall be performed by BNSF hereunder. Agency shall furnish all labor, materials, tools and equipment for the performance of Agency's Work. The principal elements of Agency's Work are as follows: (a) All necessary grading and paving for the construction of the public road; (b) Construction of suitable drainage facilities, both temporary and permanent, such as catch basins, culverts, culvert extensions, etc; (c) Installation of pavement marking stop bars in accordance with the MUTCD; (d) Installation of advance warning signs in accordance with the MUTCD. . 5. Agency must, at Agency's sole expense, and subject to the prior written approval of BNSF's Engineering Department, locate, construct and maintain the public road in such a manner and of such material that it will not at any time be a source of undue danger to or interference with the present or future tracks, roadbed and property of BNSF, or the safe operation of its railroad. Additionally, Agency must construct and maintain the public roadway approaches Form 010_; Rev. 10/03 5\-=.~<6' At Grade Crossing Agreement wilhout Signals 3 . so that the elevation 0 the roadway at a distance of 35 feet from the track is within or is no lower than 6 inches from the top of rail. 6. In the event of a breach (hereinafter called the "Agency Breach") of Agency's covenants under this Article III, BNSF will send Agency written notice (hereinafter called the "Notice") of the Agency Breach. Agency must cure the Agency Breach within thirty (30) days of the date of the Notice. If Agency fails to cure the Agency Breach within the thirty-day time period, BNSF may cure the Agency Breach. or cause a contractor to cure the Agency Breach, at Agency's sole cost and expense. Agency must promptly reimburse BNSF for the actual costs of curing the Agency Breach. 7. After completion of the Project, Agency must maintain pavement markings, advance warning signs, and other traffic control signs in accordance with applicable portions of the MUTCD. . Additionally, Agency must provide appropriate traffic control during construction or maintenance operations to accommodate work by BNSF or Agency. Agency hereby indemnifies and holds harmless BNSF for, from and against any and all claims, damages, losses, suits, judgements or other expenses, including attorneys' fees and court costs, caused by, in whole or in part, or resulting from Agency's failure to maintain the advanced warning signs, pavement markings or other traffic control signs or Agency's failure to comply with the MUTCD. 8. Agency is solely responsible for the cost of constructing and maintaining the public road upon the Easement Area except for the portion of the road maintained by BNSF within the limits of the ties, as expressly specified in Article I hereunder. 9. Agency must include the following provisions in any contract with its contractor(s) performing work on said Project: . (a) The Contractor is placed on notice that fiber optic, communication and other cable lines and systems (collectively, the "Lines") owned by various telecommunications companies may be buried on BNSf's property or right-of-way. The locations of the Lines have been included on the plans based on information from the telecommunications companies. The contractor will be responsible for contacting BNSF and/or the telecommunications companies and notifying them of any work that may damage these Lines or facilities and/or interfere with their service. The contractor must also mark all Lines shown on the plans or marked in the field in order to verify their locations. The contractor must also use all reasonable methods when working in the BNSF right-of-way or on BNSF property to determine if any other Lines (fiber optic, cable, communication or otherwise) may exist. (b) Failure to mark or identify the Lines will be sufficient cause for BNSF's engineering representative to stop construction at no cost to the Agency or BNSF until these items are completed. . (c) In addition to the liability terms contained elsewhere in this Agreement, the contractor hereby indemnifies, defends and holds harmless BNSF for, from and against all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Contractor, its subcontractors, agents and/or employees that cause or in any way or degree contribute to (1) any damage to or destruction of any Lines by Contractor, and/or its subcontractors, agents and/or employees, on BNSF's property or within BNSF's right- of-way, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on BNSF's property or within BNSF's right-of-way, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies).THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, At Grade Crossing Agreement without Signals 4 S \=-~ '\ q Ponn 01O~; Rev. 10/03 . DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF BNSF. [Note to Drafter: In California, replace the word "INTENTIONAL" in the last sentence with the word "WILLFUL". Further, replace the word "GROSS" in the last sentence with the word "SOLE".] (d) The Contractor shall be responsible for the rearrangement of any facilities or Lines determined to interfere with the construction. The Contractor shall cooperate fully with any telecommunications company(ies) in performing such rearrangements. (e) All work performed within the limits of BNSF's right-of-way shall be performed in a good and workmanlike manner in accordance with plans and specifications approved by BNSF. (f) Changes or modifications during construction that affect safety or BNSF operations shall be subject to BNSF's approval. (g) No work shall be commenced within BNSF's right-of-way until contractors employed in connection with said work shall have (i) executed and delivered to BNSF a letter agreement in the form of Exhibit C-I, and (ii) delivered to and secured BNSF's approval of the required insurance; and . (h) If it shall be in Agency's best interest, Agency may direct that the construction of the Project be done by day labor under the direction and control of Agency, or if at any time, in the opinion of Agency, the contractor has failed to prosecute with diligence the work specified in and by the terms of said contract, Agency may terminate its contract with the contractor and take control over the work and proceed to complete the same by day labor or by employing another contractor(s) provided; however, that any contractor(s) replacing the original contractor(s) shall be required to comply with the obligations in favor of BNSF hereinabove set forth and, provided further, that if such construction is performed by day labor, Agency will, at its expense, procure and maintain on behalf of BNSF the insurance required by Exhibit C-1. 10. Agency shall advise the appropriate BNSF Manager of Public Projects, in writing, of the completion date of the Project within thirty (30) days after such completion date. Additionally, Agency shall notify BNSF's Manager of Public Projects, in writing, of the date bn which Agency and/or its Contractor will meet with BNSF for the purpose of making final inspection of the Project. 11. In addition to the provisions set forth above, Agency must incorporate in each contract for construction of the Project or the specifications therefor the (i) the provisions set forth in Article IV, Sections 2 and 3; and (ii) the provisions set forth in Exhibit C and Exhibit C.1 attached hereto and incorporated herein. 12. In order to prevent damage to BNSF trains and property, Agency must require its contractor(s) to notify BNSF's Roadmaster at least thirty (30) calendar days prior to (i) commencing work on BNSF property or near BNSF's tracks; or (ii) requesting a BNSF flagman in accordance with the requirements of Exhibit C attached hereto. Agency or Agency's contractor is responsible for the costs of flagmen during the construction or maintenance of the public road contemplated in this Agreement. . 13. To the fullest extent permitted by law, Agency hereby releases, indemnifies, defends and holds harmless BNSF, its affiliated companies, partners, successors, assigns, legal representatives, officers, directors, shareholders, employees and agents for, from and At Grade Crossing Agreement without Signals 5 S~ ..Sa Form 010_; Rev. 10103 . . . 3. BNSF shall have the right to stop construction work on the Project if any of the following events take place: (i) Agency (or any of its contractors) shall perform the Project work in a manner contrary to the plans and specifications approved by BNSF; (ii) Agency (or any of its contractors) shall. in BNSF's opinion, prosecute the Project work in a manner which is hazardous to BNSF property, facilities or the safe and expeditious movement of railroad traffic; or (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project. The work stoppage shall continue until all necessary actions are taken by Agency or its contractor to rectify the situation to the satisfaction of BNSF's Division Engineer or until additional insurance has been delivered to and accepted by BNSF. Any such work stoppage under this provision shall not give rise to any liability on the part of BNSF. BNSF's right to stop the work is in addition to any other rights BNSF may have including, but not limited to, actions or suits for damages or lost profits. In the event that BNSF desires to stop construction work on the Project, BNSF agrees to immediately notify the following individual in writing: Monticello City Administrator Rick Wolfsteller Phone: Address: 4. Agency must supervise and inspect the operations of all Agency contractors to assure compliance with the plans and specifications approved by BNSF, the terms of this Agreement and all safety requirements of BNSF. 5. Agency must, out of funds made available to it for the construction of the Project, reimburse BNSF in full for the actual costs of all work performed by BNSF under this Agreement. 6. The parties mutually agree that BNSF's preliminary engineering, design, and contract preparation costs described in this Agreement are part of the costs of the Project even though such work may have preceded the date of this Agreement. 7. Prior to entering BNSF's right-of-way to perform future maintenance work on the CSAH 18 crossing, Agency must notify and obtain prior authorization from BNSF's Manager of Public Projects. If any maintenance work will be performed by a contractor of Agency, Agency must require its contractor(s) to comply with the obligations set forth in Exhibit C and Exhibit C-1, as the same may be revised from time to time. 8. In the event construction of the Project does not commence within eighteen (18) months of the Effective Date, this Agreement shall become null and void. 9. Neither termination nor expiration of this Agreement shall release either party from any liability or obligation under this Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration. 10. To the maximum extent possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this Agreement. 11. This Agreement (including exhibits and other documents, manuals, etc. incorporated herein) is the full and complete agreement between BNSF and Agency with respect to the subject matter herein and supersedes any and all other prior agreements between the parties hereto. At Grade Crossing Agreement without Signals 'S~~ S d- 7 Form 01O~; Rev. 10/03 . against any and all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments and expenses (including, without limitation, court costs and attorneys' fees) of any nature, kind or description of any person (including, without limitation, the employees of the parties hereto) or entity directly or indirectly arising out of, resulting from or related to (in whole or in part) (i) the use, occupancy or presence of Agency, its contractors, subcontractors, employees or agents in, on, or about the construction site, (ii) the performance, or failure to perform by the Agency, its contractors, subcontractors, employees, or agents, its work or any obligation under this Agreement, or (Hi) the sole or contributing acts or omissions of Agency, its contractors, subcontractors, employees, or agents in, on, or about the construction site. THE LIABILITY ASSUMED BY AGENCY WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION, INJURY OR DEATH WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF BNSF.[Note to Drafter: In California, replace the word "INTENTIONAL" in the last sentence with the word "WILLFUL". Further, replace the word "GROSS" in the last sentence with the word "SOLE" .] . 14. Agency agrees that it shall, at its sole cost and expense, make changes to the public road or crossing contemplated under this Agreement when such changes are necessary to accommodate BNSF's use of its right-of-way or property. Additionally, Agency will be responsible for the costs of any changes or alterations to BNSF facilities, including, without limitation, rail corridor fences, signal lines, power or other communication poles or wire lines located within the Easement Area when necessary to accommodate BNSF's use of its right- of-way or property. Agency will promptly reimburse BNSF for all costs associated with any such changes. Agency also agrees that any future traffic control systems at the crossing or crossing illumination will be installed at no cost to BNSF. ARTICLE IV - JOINT OBLIGATIONS IN CONSIDERATION of the premises, the parties hereto mutually agree to the following: 1. All work contemplated in this Agreement shall be performed in a good and workmanlike manner and each portion shall be promptly commenced by the party obligated hereunder to perform the same and thereafter diligently prosecuted to conclusion in its logical order and sequence. Furthermore, any changes or modifications during construction which affect BNSF shall be subject to BNSF's approval prior to the commencement of any such changes or modifications. . 2. Agency shall require its contractor(s) to reasonably adhere to the Project's construction schedule for all Project work. The parties hereto mutually agree that BNSF's failure to complete the railroad work in accordance with the construction schedule shall not constitute a breach of this Agreement by BNSF and will not subject BNSF to any liability. Regardless of the requirements of the construction schedule, BNSF reserves the right to reallocate the labor forces assigned to complete the railroad work in the event of an emergency to provide for the immediate restoration of railroad operations (BNSF or its related railroads) or to protect persons or property on or near any BNSF owned property. BNSF shall not be liable for any additional costs or expenses resulting from any such reallocation of its labor forces. The parties mutually agree that any reallocation of labor forces by BNSF pursuant to this provision and any direct or indirect consequences or costs resulting from any such reallocation shall not constitute a breach of this Agreement by BNSF. S~-~('J\ At Grade Crossing Agreement wilbont Signals 6 Form 010_; Rev. 10/03 . . . 12, Any books, papers, records and accounts of the parties hereto relating to the work hereunder or the costs or expenses for labor and material connected with the construction will at all reasonable times be open to inspection and audit by the agents and authorized representatives of the parties hereto, as well as the State of Minnesota and the Federal Highway Administration, for a period of one (1) year from the date of the final BNSF invoice under this Agreement. 13, The covenants and provisions of this Agreement are binding upon and inure to the benefit of the successors and assigns of the parties hereto, Notwithstanding the preceding sentence, neither party hereto may assign any of its rights or obligations hereunder without the prior written consent of the other party. 14, Any notice provided for herein or concerning this Agreement shall be in writing and be deemed sufficiently given when sent by certified mail, return receipt requested, to the parties at the following addresses: The BNSF Railway BNSF's Manager of Public Projects 80-44th Ave, NE Mpls, MN 55120 763,782,3492 Agency: At Grade Crossing Agreement without Signals c 3 S'V'~ ?- 8 Form 010_; Rev, 10/03 . . . IN TESTIMONY WHEREOF, the parties have executed this agreement, in duplicate, on the day and year first above written. THE BNSF RAILWAY COMPANY PRINTED NAME: SIGNATURE: TITLE: CITY OF MONTICELLO, MINNESOTA PRINTED NAME: Clint Herbst SIGNATURE: TITLE: MAyor WRIGHT COUNTY, MINNESOTA PRINTED NAME: SIGNATURE: TITLE: WRIGHT COUNTY, MINNESOTA PRINTED NAME: SIGNATURE: TITLE: WRIGHT COUNTY, MINNESOTA PRINTED NAME: SIGNATURE: TITLE: WRIGHT COUNTY, MINNESOTA PRINTED NAME: SIGNATURE: TITLE: S~ - S~\ At Grade Crossing Agreement without Signals 9 Form 010_; Rev. 10/03 ,'4 " ~*.. , ('\ , J ,.,.} ~.J--. ,.. ,," ,~ , , , , \ , . '\'.. /" '''........ ~,)~.- , , /"'\ \-\... , , '\ "'v' ,-' , " ,/ " ~~;...- " .~;(.: " . \,...."'\'. ,/ \~t", \, , ........ '\ " ... ,,"') /' " , " , , , , \:\'" , ' \\ \ '~..j.... ,... ... '\ I /i ",../' .... / '- CSAH 18 58 I L 8624 C&G It. LOCA lION _. --...-..-'" ttwtl; y~ L DIRCKS ""'.....8y' DSCHMIDT Ch8cbd By; N HANZLIK ^-PJWOvlI!d By: rl I: Ii I I. ;':~ '-~,_ J J L., I""~ ~. o CT> CT> 09. ~C;Fi]'" ''do ";'->-~ (." lr..r ~""'t". ~~"-' , ~ \ ", \.:~~'2;::;;;;,,~~ hC)-;'!~'}.-l> ____.... " -....,.._- 0::: ~I ~~ Z, ai' ....... ~. \". , {';;! !{>" -;f~' .' ~I~J?---' ? -Ii IJ" lir----- -""''''I -- ---Ip-- , END C&G CSAH 75 " : ST A 292+46.41 ~~ \;-[ 1- .t:;"" ~.~ IJ'O....]./ @",rd '--~.'-' '---- r--"1 ..-, \:cr. \.' >, L_....,.., ....,....... \ .,:;1r l '''. -- -...",,,,." ,. ,+ .,- ~_ ~~~~..=(~~~. ,~:~t-.-.","--+'" f'''':~ ---~:------ p, ~~.:) HART BLVD -.~-~~,..~._.~- ..~._...- ...._.. .:'~,," ( I ,~. r" > I >:1 I i ! .;~..) 1;'15' 'CD <D ci ..., + a> RAMP 200 CD~--~- @ 00' I? .---"'. B624 Ci I I ~ !.=I?". I v va.1'V" "... . ... , --v. Ioq"""" v PED ----~ ---- END C&G CSAH 75 STA 1995+50.5 I - - -1....... - - :':~]~lt)O.()~~ I I It. C~ ) ./-\. -c' '-- _ SEE 51 JNTER~ ,.r\-I... ::,' \_; ( '. (j~ , i i I en r- h: 1'=t VI u (h I i \ \ l \ i (Q..j '~L.~.__.~..._.~.~~..m...~u..~.~..., l,f ~ C,I U'J r-'~ u'') ~ ,i r~""'.... ...r.......... ~:,.L...___.[::~ "",.... ~.._-~ -- _..............-i fy.... 1,_:.J~/ I HBEBY CER,m'Y tHAT THIS PLAN wAS PREF1JUiD OY ME 0Jl UNDtIl MY IlIRECt SUPFJtVJmOlll' ,\ND nlAf I AM A DUl. Y I..ICEN5ED PROFESSIONAl.. ENCJlNEER UND~ TIm UWS OF rnE. STATE OF MrNNIiSOTA. €.~H-'SIT .... WSB A-I 701 Xenia A""nue South, Suite 300 Minneepolis, MN 55416 ........wsbllng.oom PRELIMINARY 60% PLANxS4d5MITT AL &: AJSO(io~J, J'ttt: 7Il>01'4lI.",,<1II"'.1700 INFRASTllUCTlJRe , !'NGINEERING 'PLANNING' CONSlRUCTlON c OATIC REO No~ S~- ~5 . . . EXHIBIT "A" Scole: )\= 400'+/- \ \ \ \ \ / \............""'........ ".,/.F\ ""F -" //..../,/-" \ //\ \ \ \ \ , \ f \ J \ \ \ \ BNSF File: S-WRIGHT B&W Proj. No.: 012196.003 MAP REFERENCE: Sto. . N I A R/W r50363 Land. N / A '" c; +- 0 a; I.. I/) e 0 I/) I/) E 0 I.. 0 I/) I.. 0 I.. 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BSG3-, -" .. ./ " /" " -it .... ~~;:'" ..... ... ./ .... / '" ,,/' ",\' <' , \ ...- , - ,/ -E -t/ Ul I#J.menf' h Sftrl.. All,. W ~ ~""ut N- aN "........ .. 'U-TI , I I ,/ / To: Mont I es I I 0 - To: Lyndals Jet "' To: County of Wright Near: Monticello Wright County, Minnesota Twin Cities Division Monticello Subdivision - L.S. 0202-1 Val. Sec. 01-69015 GN RY MN-15, Map 09 Sec. 13, T21N, R25W 4PM May 6, 2005 M.P. 33.74 SPK DRAWING NO, 3- 36274 S'\- _. ~~\o Exhibit B . _ __ __ __ __ ____ n __ __ __ -- -- ----.- -- -... -- -- -- --- --- -- ---- ---- -- -------- -- -- -- -- -- -- -- -- -- ---- ---- -- ---- ---- ---- - - -- -.--- ---- ...** MAINTAIN PROPRIETARY CONFIDENTIALITY **..* ---------------------------------------------------------------------------------------------------------------------~. -----------------------------------------------------------------------------------~.-----------_.---------------------------~ THE B. N. S. )? RAILWAY COMPANY FHPM ESTIMATE FOR CITY OF MONTICEL1,0, MN LOCATION:- -~---------------_._-----------------_._-------------------------------------------------------------------------------------- ROGERS DETAILS OF ESTIMATE PLAN ITEM: PTR095672T-A VERSION, PURPOSE, JUSTIFICATION AND DESCRIPTION MONTICELLO, MN _ REPLACE PUBLIC CROSSING SURFACE AT CSAH-18, DOT# 095672T, MP 33.72, LINE SEGMENT 202 MONTICELLO SUBDIVISION .. BILLABLE 100% TO THE CITY OF MONTICEl,LO, )<IN DESCRIPTION OF PROJECT AS PROVIDED BY PROJECT ENGINEER DTD BNSF PUBLIC PRo.JECTS IS ENTERING INTO AN AGREEMENT WITH CITY 01" MONTICELLO AND WRIGHT COUNTY TO UPGRADE EXISTING SURFACE TO NEW 112' CONCRETE. 100% BILLABLE LAHOR ********** QUANTITY UIM .~------- 96.00 MH 80.00 MH 224.00 MH 48.00 MH 12.00 Mil 56.00 MH COST TOTAL $ DESCRIPTION ----------- ----------- ----------------------------.----------------- ********** BUILD TRACK PANELS - REPLACEMENT PLACE FIELD WELDS - CAP REPLACE PUBLIC CROSSING - TOTAL REHAB SURFACE TRACK - REPLACEMENT - CAP UNLOAD BALLAST - REPLACEMENT - CAP UNLOAD CROSSING MA1'ERIA). ~ PUBLIC - CAP PAYROLL ASSOCIATED COSTS EQUIPMENT EXPENSES DA LABOR OVERHEADS PERDIEM EXPENSES INSURANCE EXPENSES 1,787 1, 624 4,168 967 224 1, 042 7,913 5,186 8,832 300 1,545 ----------- ---------y.- . TOTAl., LABOR COST 33,588 33,588 ********** MATERIAL *****11;+:*** 200.00 NT 416.00 EA 2.00 PR 2.00 PR 240.00 LF 104.00 EA 10.00 KT 112.00 FT 1.00 S1' 1,280 512 357 375 3,461 7,877 530 14,784 192 1, 464 2,143 2,001 208 BAI,LAST, FROM ST. CLOUD, MN. (!>IN, P CLIP, PANDROL, NO, E-2055 {FOR ALL WEIGHTS RA JOINT, COMPROMISE, LIl, 3L & 4L JOINT, COMPROMISE, RH, lR & 2R RAIL, 115 LB NEW WELDED PREMIIM TIE, TRK,10' ,PRE-PLATED,PANDROL,5 1/2',ROUND WELDKIT, GENERIC FOR ALl, RAIl, WEIGHTS CONC 115 08-SEC WITH FILLER FOR WOOD CONCRE'rE XING RAMP AND PANEL RESTRAINT, COMPL MATERIAL HANDL,ING ONLINE TRANSPORTATION USE TAX OFFLINE TRANSPORTATION TOTAL MATERIAL COST 35,184 35,184 ********** OTHER ********** ----------- ---------,-- TOTAL OTHER ITEMS COST o o PRO.JECT SUBTOTAL CONTINGENCIES BILL PREPARATION FEE 68,'772 6, 665 378 GROSS PROJECT COST LESS COST PAID BY BNSF ? 5,815 o 75,81 S TOTAL BILLABLE COST .r_________~ -~---_._--_. , . s ~ - S~l EXHffiIT "C_I" . Agreement Between THE BNSF RAILWAY COMPANY and the CONTRACTOR THEBNSF RAILWAY COMPANY Attention: Manager Public Project.. Railway File: LS 202, MP 33.72, DOT# 095672'1' - CSAH 18 RECONSTRUCTION Agency Project: Ladies and Gentlemen: The undersigned (hereinafter called, the "Contractor"), has entered into a contract (the "Contract")dated , 200--,- with for the performance of certain work in connection with the following project " Performance of such work will necessarily require contractor to cnter THE BNSF RAILWAY COMPANY ("Railway") right of way and property ("Railway Property"). The Contract provides that no work will be commenced within Railway Property until the Contractor employed in connection with said work for City of Monticello (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 berein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President. of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission t.o Contractor to enter upon Railway Propert.y and as an inducement for such entry, Contract.or, effective on the date of the Contract, has agreed and does hereby agree with Railway as follows: . Section 1. RELEASE OF LIABILITY AND INDEMNITY Contract.or hereby waives, releases, indemnifies, defends and holds harmle..<;s Railway for all judgments, awards, claims, demands, and expenses (including anomeys' fees), for injury or death t.o all persons, including Railway's and Contractor's officers and employees, and for loss and damage to propert.y belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' act.s or omissions or any work performed on or about. Railway's propert.y or right-of-way. THE LIABILITY ASSUMED BY CONTRACTOR Wll.lL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEAlH, OR INJURY WAS OCCASIONED BY OR CONTRffiUTED TO BY THE NEGLIGENCE OF RAIL WAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGIIT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE BOILER INSPECTION ACT, WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that. it will adjust and settle all claims made against. Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against. Railway on any claim or cause of action arising or growing out of or in any manner connect.ed with any liability assumed by Contractor under this Agreement. for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must. proceed to adjust and handle to a conclusion such claims, and in the event of a suit. being brought against Railway, Railway may forward summons and complaint. or other process in connection therewith to Contractor, and Contract.or, at Railway's discretion, must defend, adjust, or settle such suits and prot.ect, indemnify, and save harmless Railway from and against all damages, judgment.s, decrees, attorney's fees, costs, and expenses growing out of or resulting .from or incident to any such claims or suits. At Grade Crossing Agreement without Signals s\=- S'(; 10 Form 01O~; Rev. 10/03 It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. . Section 2. TERM This Agreement is effective from the date of the Contract until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder. Section 3. INSURANCE Contractor must, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance must contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000. Coverage must be purchased on a post 1998 ISO occurrence form or equivalent and include coverage for, but not limit to the following: . . . . Bodily Injury and Property Damage Personal Injury and Advertising Injury Fire legal liability Products and completed operations . This policy must also contain the following endorsements, which must be indicated on the certificate of insurancc: . It is agreed that any workers' compensation exclusion does not apply to Railroad payments related to the Federal Employers Liability Act or a Railroad Wage Continuation Program or similar programs and any payments made are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law. . The definition of insured contract must be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. . Any exclusions related to the explosion, collapse and underground hazards must be removed. No other endorsements limiting coverage as respects obligations under this_Agreement may be included on the policy. B. Business Automobile Insurance. This insurance ~ust contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: . Bodily injury and property damage . Any and all vehicles owned, used or hired C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: . ' s statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. . Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. D. Railroad Protective Liability insurance naming only the Railroad as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 10 93 and include the following: . Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93) . Endorsed t.o include the Limited Seepage and Pollutim1 Endorsement. . Endorsed to remove any exclusion for punitive damages. . No other endorsements restricting coverage may be added. . The original policy must be provided to the Railroad prior to performing any work or services under this Agreement. . Other Requirement..: S~_. 5<1 At Grade Crossing Agreement without Signals 11 Form 010_; Rev. 10/03 All policies (applying to coverage listed above) must not contain an exclusion for punitive damages and certificates . insurance must reflect that no exclusion exists. Contractor agrees to waive its right of recovery against Railroad for all claims and suits against Railroad. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railroad for all claims and suits. The certificate of insurance must reflect the waiver of subrogation endorsement. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railroad for loss of its owned or leased property or property under contractor's care, custody or control. Contractor's insurance policies through policy endorsement, must include wording which states that the policy is primary and non-contributing with respect to any insurance carried by Railroad. The certificate of insurance must reflect that the above wording is included in evidenced policies. All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad Protective) must include a severability of interest endorsement and Railroad must be named as an additional insured with respect to work performed under this agreement. Severability of interest and naming Railroad as additional insured must be indicated on the certificate of insurance. Contractor is not allowed to self-insure without the prior written consent of Railroad. If granted by Railroad, any deductible, self-insured retention or other financial responsibility for claims must be covered directly by contractor in lieu of insurance. Any and all Railroad liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by contractor's insurance will be covered as if contractor elected not to include a deductible, self-insured retention or other financial responsibility for claims. Prior to commencing the Work, contractor must furnish to Railroad an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) must contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railroad in writing at least 30 days prior to any cancellation, non-renewal, substitution or material .teration. This cancellation provision must be indicated on the certificate of insurance. Upon request from Railroad, a certifIed plicate original of any required policy must be furnished. Contractor should send the certificate(s) to the following address: The BNSF Railwav Company Risk Management 2500 Lou Menk Drive.. AOB-l Fort Worth. TX 76161 Fax: 817.352.7207 Any insurance policy must be written by a reputable insurance company acceptable to Railroad or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provide. Contractor represents that this Agreement has been thoroughly reviewed by contractor's insurcUlce agent(s)/broker(s), who have been instructed by contractor to procure the insurance coverage required by this Agreement. Allocated Loss Expense must be in addition to all policy limits for coverages referenced above. Not more frequently than once every five years, Railroad may reasonably modify the required insurance coverage to reflect then- current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by contractor, contractor must require that the subcontractor provide and maintain the insurance coverages set forth herein, naming Railroad as an additional insured, and requiring that the subcontractor release, defend and indemnify Railroad to the same extent and under the same terms and conditions as contractor is required to release, defend and indemnify Railroad herein. Failure to provide evidence as required by this section will entitle, but not require, Railroad to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section will not operate as a waiver of contractor's obligations .ereunder. "S \=- - \00 At Grade Crossing Agreement without Signals 12 Form 010_; Rev. 10/03 The fact that insurance (including, without limitation, self-insurance) is obtained by contractor will not be deemed to release or diminish the liability of contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad will not be limited by the amount of the required insurance coverage. . For purposes of this section, Railroad means "Burlington Northern Santa Fe Corporation", "The BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. Section 4. EXHIBIT "C" CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Contract, and the Contractor Requirements set forth on Exhibit "c" attached to the Contract and this Agreement, , including, but not be limited to, payment of all eost'l incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Section 5. TRAIN DELAY Contractor is responsible for and hereby indemnifies and holds hannless Railway (including its affiliated railway companies, and it., tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train dcIays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty .ayments. Contractor isresponsible for any train performance and incentive penalties or other contractual economic losses actually Icurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. Damages for train delay for certain trains may be as high as $50,000.00 per incident. Contractor and its subcontractors mll"t give Railway's Roadmaster (Steve Fluck 715.394.1236) four (6) weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor's expenses for the project. Contractor and subcontractors mll"t plan, schedule, coordinate and conduct all Contractor's work so as to not Call'le any delays to any trains. . At Grade Crossing Agreement without Signals ~\=--'o' 13 Form 010_; Rev. 10/03 Kindly acknowledge receipt of this letter by signing and retuming to the Railway two original copies of this letter, which, upon execution by Railway, will constitute an Agreement between us. . (Contractor) Contact Person: Address: City: Fax: Phone: E-mail: State:_Zip:_ BNSF Railwav Company By: Printed Name: Title: By: Name: Manager Public Projects Accepted and effective this _day of 20_. . ~ ,.,. At Grade Crossing Agreement without Signals 5\= -, ~ '). 14 Form 010_; Rev. 10/03 I,A W DEPARTMENT APPROVED . EXHffiIT "e" CONTRACTOR REQUIREMENTS 1.01 General . 1.01.01 The Contractor must cooperate with THE BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during the reconstruction of CSAH 18 in Monticello, MN. LS 202, DOT# 095672T 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit "C-l" Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in fun force and effect the insurance called for under Section 3 of said Exhibit "C-1". 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. 1.01.0S The Contractor is responsible for determining and complying with all Federal, State and Local Govemmentallaws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby indemniflCs, defends and holds harmless Railway for, from and against all fmes or penalties imposed or assessed by Federal, State and Local Govemmental Agencies against the Railway which arise out of Contractor's work under this Agreement. 1.01.06 The Contractor must notify Citv of Monticello and Railway's Manager Public Projects, telephone number 763.782.3492 at least thirty (30) calendar days before commencing any work on Railway Property. Contractors notification to Railway, must refer to Railroad's me LS 202. DOT# 095672T . . . . . . . . 1.01.07 For any falsework above any tracks or any excavations located, whichever is greater, within twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 1 V:z horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must fumish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. All calculations must take into consideration railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance-of-Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. . 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efflcient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. .1.02 Contractor Safety Orientation s "'\-- 6 2> At Grade Crossing Agreement without Signals 15 Form 010_; Rev. 10/03 e e. e. . 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway's Engineering Contractor Safety Orientation, found on the web site www.contractororientat.ion.com. The Contractor must ensure that each of its employees, subcontractors, agent.. or invitees completes Railway's Engineering Cont.ract.or Safet.y Orientat.lon through internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and everyone of its employees, subcontractors, agents or invit.ees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway }'roperty. The Contractor is responsible for the cost of the Railway Contractor Safet.y Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Furt.her clarification can be found on the web site or from the Railway's Representative. 1.03 Railway Requirements . 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from bis operations. Any damage to railway facilities resulting from Cmltractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by the Agency. . 1.03.02 The Contractor must notify the Railway's Division Superintendent Doug Perry at 763.782.3479 and provide blasting plans to tbe Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property. . 1.03.03 The Contractor must abide by the following temporary clearances during construction: . 15' . 21'-6" . 27'-0" . 28'-0" . 30'-0" 34'-0" Horizontally from centerline of nearest track Vertically above top ofrail Vertically above top of rail for electric wires carrying less than 750 volts Vertically above top ofrail for electric wires carrying 750 volts to 15,000 volts Vertically above top ofrail for electric wires carrying 15,000 volts to 20,000 volt" Vertically above top of rail for electric wires carrying more than 20,000 volts 1.03.04 Upon completion of construction, the following clearances shall be maintained: · 25' · 23' -31fz" Horizontally from centerline of nearest track V erticall y above top of rail . 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to City of Monticello and must not be undertaken until approved in writing by the Railway, and until City of Monticello has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval. . 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell-tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell-tales or protective devices will be borne by the Agency. . 1.03.07 The details of construction affecting the Railway's Property and tracks not included in the contract plans must be submitted to the Railway by City of Monticello for approval before work is undertaken and this work must not be undertaken until approved by the Railway. . 1.03.08 At other than public road crossings, the Contractor must not move any equipment or materials across Railway's tracks until permission has been obtained from the Railway. The Contractor must obtain a "Temporary Private Crossing Agreement" frmn the Railway prior to moving his equipment or materials a(,'ross the Railways tracks. The temporary crossing must be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contractor will be at the expense of the Contractor. 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the Railway's Resource Operations At Grade Crossing Agreement without Signals 16 S \=- - lo '-\ Form 010_; Rev. 10/03 .. . .. Center at 1(800) 832-5452, of any discharge, release or spills in excess of a reportable quantity. Contractor must not allow Railway Property to become a treatment., storage or transfer facility as those terms are defmed in the Resource Conservation and Recovery Act or any state analogue. 1.03.10 The Contractor upon completion of the work covered by this contract., must promptly remove from the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's representative. 1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan . 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation. This Program must provide Roadway Worker protection/on track training for all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan, as provided for on the web site www.eontractOl'oriel1tatioll.eom, which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on-site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the job site. 1.05 Protection of Railway Facilities and Railway Flagger Services: . 1.05.01 The Contractor must give Railway's Roadmaster (telephone 763.782.3236) a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmastcr can make appropriate arrangements (i.e., bulletin the flagger's position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadma..'lter five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. 1.05.02 Unless determined otherwise by Railway's Project Representative, Railway flagger and protective services and devices will be required and furnished when Contractor's work activities are located over, under and/or within twenty-five (25) feet measured horiz.ontally from centerline of the nearest track and when L'faneS or similar equipment pOSitioned beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: . 1.05.02a When in the opinion of the Railway's Representative it is necessary to safeguard Railway's Property, employees, trains, engines and facilities. . 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement . 1.05.02e When work in any way interferes with the safe operation of trains at timetable speeds. . 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. . 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. . 1.05.03 Flagging services will be performed by qualified Railway flaggers. . 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative. 1.05.03b Each time a flagger is called, the minimum period for billing will be the eight (8) bour basic day. s ~- \oS At Grade Crossing Agreement without Signals 17 Form 010__; Rev. 10/03 . . . . 1.05.03c The cost of flagger services provided by the Railway, when deemed necessary by the Railway's representative, will be borne by Citv of Monticello. The estimated cost for one (1) flagger is $600.00 for an eight (8) hour basic day with time and one- half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, transportation, meals, lodging and supervision. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. The flagging rate in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of flagging pursuant to this paragraph. . 1.05.03d The average train traffic on this route is 0 freight trains per 24-hour period at a timetable speed 0 MPH and n/z passenger trains at a timetable speed ofnla MPH. 1.06 Contractor General Safety Requirements . 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection Regulations. . 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's nagger, as applicable, and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s). . 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety strategy approved by the Railway's Project Representative. When authority is provided, every contractor employee must know: (1) who the Railway nagger is, and how to contact the nagger, (2) limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the designated places of safety. Persons or equipment entering flag/work limit.;; that were not previously job briefed, must notify the nagger immediately, and be given a job briefing when working within 25 feet of the center line of track. . 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railroad's representative in charge of the project must be notified. A minimum of two employees must be present at all times. . 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied. . 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted at the job site. . 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, fIrearms or other deadly weapons in their possession while working on Railway's Property. . 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, www.contractororientation.com. however, a partial list of the requirements include: a) safety glasses Witll permanently affixed side shields (no yellow lenses); b) bard hats c) safety shoe with: hardened toes, above-the-ankle lace-up and a defmed heel; and d) high visibility retro-retlective work wear. The Railroad's representative in charge of the project is to be contacted regarding local specifIcations for meeting requirements relating to hi-visability work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. (NOTE - Should there be a discrepancy between the information contained on the web site and the information in this ara ra h the web site will >overn. S,\=--lo\o At Grade Crossing Agreement without Signals 18 Form 010_; Rev. 10/03 . . . 1.06.09 The Contractor must not pile or store any materials, machinery or equipment closer than 25'-0" to the center line of the nearest Railway track. Materials, machinery or equipment must not be stored or left within 250 feet of any highway/rail at-grade crossings, where storage of the same will interfere with the sight distances of motorists approaching the crossing. Prior to beginning work, the Contractor must establish a storage area with concurrence of the Rllilroad's representative. . 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed specifications) . 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations. . 1.06.12 All power line wires must be considered dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance bctween the lines and any part of the equipment or load must be; 200 KV or below _ 15 feet; 200 to 350 KV _ 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. 1.07 Excavation . 1.07.01 Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within the Project work area. The Contractor must determine whether excavation on Railway's Property could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits. Before commencing excavation, the Contractor must contact BNSF's Field Engineering Representative(Mark Gjevre 763.782.3482). All underground and overhead wires will be considered HIGH VOLT AGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. . 1.07.02 The Contractor must cease all work and notify the Railway immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been determined. There will be no exceptions to these instructions. . 1.07.03 All excavations must be conducted in compliance with applicable OSHA regulations and, regardless of depth, must be shored where there is any danger to tracks, structures or personnel. . 1.07.04 Any excavations, boles or trenches on the Railway's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all bazards. All excavations must be back filled as soon as possible. 1.08 Hazardous Waste, Substances and Material Reporting . 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non-containerized commodity or material, on or adjacent to Railway's Properly, in or near any surface water, swamp. wetlands or waterways, while performing any work under this Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to prolect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. .1.09 Personal Injury Reporting Sy:-lo' At Grade Crossing Agreement without Signals 19 Form 010_; Rev. 10/03 . 1.09.01 The Railway is required to report certain injurie..<; as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non-Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway's Project Representative no later than the close of shift on the date of the injury. . . . s\- ~r At Grade Crossing Agreement without Signals 20 Form 010_; Rev. 10/03 NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COllECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD .E USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO RESUME ACCEPTANCE OF RESPONsmILITY OR LIABiliTY. 1. Accident City/St County: (if non-Railway location) 2. Date: 3. Temperature: Time: 4 . Weather 5. Social Security # 6. Name (last, first, mi) 7. Address: Street: City: St._ Zip: 8. Date of Birth: and/or Age Gender: (if available) 9. (a) Injury: (Le. (a) Laceration (b) Hand) (b) Body Part: 11. Description of Accident (To include location, action, result, etc.): .. Treatment: ? First Aid Only ? Required Medical Treatment ? Other Medical Treatment 13. Dr. Name 30. Date: 14. Dr. Address: Street: St: _ Zip: City: 15. Hospital Name: 16. Hospital Address: Street: St: _ Zip: City: 17. Diagnosis: FAX TO RAILWAY AT (817) 352-7595 AND COpy TO RAILWAY ROADMASTERFAX . At Grade Crossing Agreement without Signals 21 'S ~_o \O~ Form 010_; Rev. 10/03 e e- . Council Meeting - OS/23/2005 5G. Consideration of avproval of 2005 Hiehway Maintenance Aereement with Wrieht County. (1.S.) A. REFERENCE AND BACKGROUND: It is once again time to renew our highway maintenance agreement with Wright County. Through this agreement we remove snow and ice from CSAH 75 from Willow Street on the west end of town to Meadow Oak Drive on the east end of town. This includes a one time spring sweeping of the four lane portion. In addition, we do 25% of the snow and ice removal on CR 39 from CSAH 75 to the public works building. We also do a one time spring sweeping only on CR 39 from CSAH 75 to Kampa Circle. Lastly, our maintenance agreement includes that short section ofCR 117 outside the city limits just north of 85th Street near the Monticello Township Hall. Our reimbursement is based upon the county's average annual road maintenance cost for all county roads for the previous three years. In 2003 we negotiated an additional $300/mile for the four lane portion for snow and ice control as this section of highway requires more than the average county amount of maintenance in the winter. The reimbursement for 2005 from the county would be $12,212.42. B. ALTERNATIVE ACTIONS: 1. The first alternative would be to approve the 2005 Maintenance Agreement with Wright County at a reimbursement of$12,212.42. 2. The second alternative would be not to approve the maintenance agreement. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator, Public Works Director and Street Superintendent that the City Council approve the maintenance agreement with Wright County as outlined in alternative # 1. D. SUPPORTING DATA: Copy of 2005 Maintenance Agreement. 5 G - <aq MAINTENANCE AGREEMENT - 2005 ._ THIS AGREEMENT made and entered into by and between the City of Monticello hereinafter referred to as the "City" and the County of Wright hereinafter referred to as the "County". WHEREAS, Chapter 162, Minnesota Statutes, permits the County to designate certain roads and streets within the City as County State Aid Highways, and WHEREAS, the City has concurred in the designation ofthe County State Aid Highway within its limits as identified in County Board's resolutions of August 28, October 8, November 5, December 3, December 27, 1957 and January 7, 1958, and WHEREAS, it is deemed to the best interest of all parties that the duties and responsibilities of both the City and the County as to maintenance on said County State Aid Highways to be clearly defined, NOW THEREFORE, IT IS AGREED with regard to said County State Aid Highway maintenance: That the City will be responsible for routine maintenance on the following highways. MAINT. PLAN ROAD SEGMENT MILES C. CSAH 75 Willow St. to Meadow Oaks Dr. 5.65 (Includes four lane portion.) D. CSAH 39 From City Public Works Bldg. to 0.32 W. Jct. ofCSAH 75 B. CSAH 75 Four lane portion 5.22 e. CSAH 39 From CSAH 75 to Kampa Cir. 0.40 E. CR 117 From a point 930 feet north of 85th NE 0.18 To 85th Street NE ESTIMATED TOTAL = COST/MI.* 1,358.00 TOTAL COST* $ 7,672.70 265.30 84.90 714.56 714.56 2,438.87 3,730.00 285.82 439.00 $12,212.42 That routine maintenance shall consist of the following: (Maint. Plan) C. (CSAH 75) - Snow and ice removal. D. (CSAH 39) - 25% of the snow and ice removal. B. One-time spring sweeping only. E. Snow and ice removal. *Based on average annual costs of years 2001,2002, and 2003, plus $300/mile for tour-lane portion (snow/ice control only). That when the City deems it desirable to remove snow by hauling, it shall do so as its own expense. The City shall also be responsible for all snow and ice removal on sidewalks and other boulevard related maintenance outside the curb or street area. That the County will be responsible for all other maintenance. That the City shall indemnify, save and hold harmless the County and all of its agents and employees of any form against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution or performance of the work provided for herein to be performed by the City. It is further agreed that any and all full-time employees of the City and all other employees of the City engaged in the performance of any work or services required or provided for herein to be performed by the City shall be considered employees of the City only and not ofthe .ounty; and that any and all claims that mayor might arise under Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged on any ofthe work or services provided to be rendered herein shall be the sole obI igation and responsibility of the City. (Sheet 1 of 2) 5G -,0 That the County shall indemnify, save and hold hannless the City and all of its agents and employees of any form ~gainst any and all claims, demands, actions or causes of actions of whatever nature or character, whether at law or equity, Wising out of or by reason ofthe execution, omission or perfonnance ofthe work provided for herein to be perfonned by the County including, but not limited to, claims made arising out of maintenance obligations of County, engineering, design, taking or inverse condemnation proceedings. It is further agreed that any and all full-time employees of the County and all other employees of the County engaged in the perfonnance of any work or services required or provided for herein to be perfonned by the County shall be considered employees of the County only and not of the City; and that any and all claims that mayor might arise under the Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the work or services provided to be rendered herein shall be the sole obligation and responsibility of the County. That in December of 2005 ,the City shall receive payment from the County for their work. This amount shall be based on the 2004 average annual cost per mile for the years 2002, 2003, and 2004 for routine maintenance on Municipal County State Aid Highways. The average annual cost per mile will reflect only those costs associated with the areas of routine maintenance for which the City is responsible. ADOPTED: ,20_ ATTEST: Mayor City Clerk . CERTIFICATION I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on ,20_. City Clerk APPROVED AND ACCEPTED: COUNTY OF WRIGHT Name of City Date Chainnan of the Board ATTEST: County Coordinator Date . (Sheet 2 of 2) 5 ~_l \ . Council Agenda - 5/23/05 5H. Consideration of County/City Cooperative A2reement on imvrovements to 194/CSAH 18 interchan2e. CSAH 75. 18 and Meadow Oaks Extension (South Fronta2e Road). A. REFERENCE AND BACKGROUND: The City Council is asked to consider approving the agreement between the City and County governing design and distribution of costs associated with construction of improvements to the Interchange, and the two County State Aid Highways (75,18) along with agreements pertaining to the improvements relating to the future intersection of CSAH 18 with the Meadow Oaks extension. The agreement follows the longstanding county policies governing distribution of costs that the City has followed in years past. Please see the agreement for details. Although the agreement is in near final form, the City Attorney needs to review it a last time prior to placement of signatures on the document. Please note that the version of the agreement in your packet includes email notes outlining modifications that need to be made to the agreement when placed in its final form. We apologize for not having these slight modifications incorporated into the draft at this time. . B. ALTERNATIVE ACTIONS: 1. Motion to approve the agreement as proposed subject to final review by the City Engineer and City Attorney. 2. Motion to deny approval of the agreement. C. STAFF RECOMMENDATION: The City Administrator recommends alternative 1. D. SUPPORTING DATA: Copy of the Agreement. . . 514-/:1 . AGREEMENT NO. XX-XX CITY OF MONTICELLO ARTICIPATION AND CONSTRUCTION AGREEMENT BETWEEN THE COUNTY OF WRIGHT And THE CITY OF MONTICEI,LO For CONSTRUCTION OF IMPROVEMENTS FOR CP 86-18-061 and CP 86-39-061 CITY PROJECT No. 2004-01C CSAH 18 and CSAH 39 - BITUMINOUS PAVEMENT REHABILITATION, TRAFFIC CONTROL SIGNAL, AND UTILITY IMPROVEMENTS . 5W-l3 March 2005 (,. windows JF!l1J! <' .OIl,\'ftIICliOIJ,. Ig/'celJ/I.:'Jlf.du(" . COOPERATIVE AGREEMENT TIllS AGREEMENT, made and entered into by and between the County of Wright, Minnesota, acting by and through its County Board of Commissioners hereinafter referred to as the "County" and the City of Monticello, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". WITNESS TO: WHERJ3~~::~\plans and specifications have been prepared for the improvement of County State Aid High 18 (from School Boulevard to Meadow Oak A venue) and County State Aid Highway 39 (from B .\~ill;oad to lIart Boulevard), hereinafter referred to as CSAII 18/39 improvements, and said co......n.structioflII.::......\l.,<l.......ns are designated as CP 86-18-061 and CP 86-39-061. dQ es, but is not limited to, pavement removal and replacement, turn lane nt, storm drainage construction, trail construction, utility improvements, \s, raised median improvements, and other miscellaneous rate limits of Monticello, and WHEREAS, the improvements described herein, are one part of on overall interchange project nstruct an interchange on 194 and CSAH 18 in Monticello. ate agreement between the City and County will cover remaining work to CSAH 18 for e project and also include provisions for the turn back of CSAH 75(from the CSAH 39/18 to the east). WHEREAS, a Cooperative Agreement between the County and the City outlines the responsibilities and financial commitments for the proposed project. NOW 'fHEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD THAT: Article 1 The City shall construct or cause to be constructed a project meeting state aid standards of pavement rehabilitation including roadway, utility, drainage, traffic control signal installation at CSAH 18 and CSAH 75 and other miscellaneous improvements upon or along CSAH 18 and CSAH 39 within the City limits in accordance with the approved plans and specifications as prepared by the City's Consulting Engineer and on file at the office of the City Clerk, and: Article 2 It is agreed that upon completion of and acceptance of the work as to quantity and qual ity by the City, the City's Consulting Engineer shall determine the actual amount that the County will reimburse the City in accordance with the following funding participation schedule: 1. CSAH 75 and CSAH 39 Improvements - CP 86~ 18-061 and CP 86-39-061 : . This participation is consistent with Wright County's existing funding policies. The City would be required to obtain any additional permanent R/W, as required to do the work. It is anticipated that additional right-of-way will be needed as recorded on the Wright County Ilighway Right- March 2005 ( \\'lJ1drJll's JF.\.I/) ('OIlS1J'IICt!0I1/IFrl!('IJ}(llf,t!uc . St\-\'-\ . of-Way Plat No. 55. Temporary right-of-way will be needed for construction purposes and would be the responsibility of the City to obtain. The City will send to the County documentation of the R/W costs incurred along county highways for this project. Funding Participation: The County cost participation cap for this project, together with the project CP 86-18~0612, is $2,000,000. County City 80% 20% 80% 20% 80% 20% 80% 20% niJilg Improvements to Highway 80% 20% k 0% 100% 0% 100% 0% 100% W<;)r (san. sewer and water) Sign /Striping Raised Concrete Medians Traffic Control Signal System Construction Engineering Services Mobilization and Traffic Control Street Lighting New Railroad Crossing Trail Construction Engineering Services In conformance with State Aid formula as defined in the State Aid Manual No. 5-892-600.605 0% (*A) 100% (*A) 80% 20% 0% 100% 50% (*B) 50% (*8) (*C) (*C) (*D) (*0) 0% 100% (*E) (*E) 0% 100% (*11) (*H) 2. NOTES: A. Watermain, Sanitary Sewer, including all adjustments of castings, will be at 100% City cost. B. The County and City will share in the construction and engineering costs for the traffic control signal at CSAI-I 18 and CSAH 75 on a 50/50 basis (not including EVP system, which is 100% City cost). This is consistent with the present Wright County Traffic Signal Funding Policy. . March ZOO:; 2 ( '. "'.I'll/dOll'S irAI/' ('OJJSfrllcIlOlJ.. Igrcc/JIc11I,doc S \4 - IS . c. The County will not be responsible for certain maintenance provisions upon completion of a traffic control signal system. Painting, relamping, cleaning of the signal system, street light maintenance, and power costs to operate the signal and street light systems will be the responsibility of the City (refer to Article 6 of this agreement). The City's Consulting Engineer will provide engineering services for design, construction, and administration of the project. The County will participate in the engineering costs incurred by the City in conformance with the present Wright County Participation Policy. Mobilization and Traffic Control costs are to be split based on the ratio of County costs ersus the entire project costs. iljliiiii:~b iii~::; Jl 'ounty and ~ity will share in the construction cost of the ~ew railroad crossing on ':~~.",..l. '~.Q CS (to be In..stalled b. y BNRR, per agreement between City and. BNRR). The \'\V-' \Pc-- County e will be equal to the existing crossing length ( ), with the City . paying forii~:'Jl1ainder ( ). H. j\:> t^ b~ ~~ The County ill participate in the payment for the initial striping of crosswalks and pavement markings as outlined on the plan. Maintenance of the cross walk pavement markings, upon completion of the project, will be the responsibility of the City. 'ermanent right~of-way acquisition costs are the responsibility of the City. Temporary right-or-way acquisition costs for any roadway work are the responsibility of the City. Temporary right-of-way acquisition costs for sidewalk/pathway or utility work are the responsibility of the City. The City will provide engineering services for the design, right-or-way plat preparation, construction and administration of the project. The County will not participate in any engineering costs incurred by the City that are necessary for the City to assess their portion of the project costs (Feasibility Studies, hearings, legal expenses, etc.). The County shall reimburse the City for engineering services for the County's portion of the project base d on the following table. The final reimbursement will be computed using the appropriate % below times the County's portion only of the contract construction cost. From Over Over Over Over $0 50,000 100,000 250,000 500,000 thru thru thru thru thru $50,000 100,000 250,000 500,000 Indctinite up to 18% up to 16% up to 13% up to II % up to 10% of County's Portion of County's Portion of County's Portion of County's Portion of County's Portion The City's Consulting Engineer shall prepare a preliminary estimate of construction costs for the City's Consulting Engineer prepared plans for the project. The preliminary eost estimates shall identify both the City's share and County's share of cost for the project based upon this funding agreement. This preliminary construction cost estimate shall be attached to this funding agreement. . It is intended that the work outlined above in Article Two is to be done by a contractor on a unit price basis through a contract duly let by the City. At such time as the City awards a contract, the City's Consulting Engineer will prepare a new estimate of the County's share of the construction cost based on Man;h 2005 , -' (' wll/dOH!.... TL:tf/l ('ons'r1lc'itm,l~'/'e(,II}(:II!,d()(' Sl-~ -l~ . the unit prices bid by the City's contractor. ^ copy of such revised cost estimate will be forwarded to the County Highway Engineer. Article 3 The City will be responsible for all field inspection of materials, quantities, and contractor performance for the work identified in the plan sheets prepared by the City's Consulting Engineer. The City shall be responsible for construction staking, inspection of materials, quantities and contractor performance for I utility work and sidewalk/pathway work (water main and sanitary sewer) for which plans were p~!;) d1t/;;!y the City's Consulting Engineer. Article 4 (5~' t" \<pon aw 'the contract by the City and written request received with a copy of the bid 'breakdown e County's portion of the project, and copy of the signed contract, the County will f()rward to the Cit . in 30 days) 50% of the County portion of the cost, based on the contract unit prices. Upon written Q!\ljilf:ly the City that the project is more than 50% complete, the County will . dditional 25% heir share of the project cost. Upon written notice that the project is 75% , t County will f rward an additional 15% of the County share. Upon written notice that the is complete and final acceptance of the work is made, the County will forward final payment to ithin 30 days). it appears the cost of the County participating construction covered under this eement about to cxceed the current amount of encumbered County funds, the City shall notify the j:jIlgineer in writing prior to performance of the additional County cost participation constJpction. Notification shall include an estimate in the amount of additional funds necessary to complete the County cost participation construction including engineering costs and reason(s) why the current amount encumbered will be exceeded. The County shall, upon its approval of the additional County cost participation construction, agree that this action will have the effect of amending this Agreement so as to include the County's share of the costs of the additional construction. Should the City cause the performance of additional contract construction which would otherwise qualify fl.)r County cost participation covered under this Agreement, but for which the County has not previously encumbered funds, that additional contract construction is done at the City's expense. The City shall provide to the County Engineer an as built plan of the roadway improvements. The as built plans shall be submitted to the County within six months of the final completion date of the project. The City shall keep records and accounts that enable it to provide the County with the following prior to final payment to the City by the County: 1. Copies of the City contractor's invoice(s) covering all contract construction. 2. Copies of the endorsed and canceled City warrant(s) or check(s) paying for final contract construction, or computer documentation of the warrant(s) issued certified by an appropriate City official that final construction contract payment has been made. . 3. Copies of all construction contract change orders and/or supplemental agreements. March 2005 4 ('. wiJ/dow.\ jj~J.f/) ('OJl.\'ll'lICliof}, Igreemenl.dm Sl-\-IJ . 4. A certification form signed by the City's Engineer in charge of the contract construction attesting to the following: a. Satisfactory performance and completion of all contract construction in accordance with County and State Aid approved City plans, specifications andlor special provisions. b. Acceptance and approval of all materials furnished for the County cost participation construction covered under this Agreement relative to compliance of those materials to lOOT's current edition of the "Standard Specifications fix Construction." c. Full payment by the City to its contractor for all contract construction. Article 5 responsible for all snow and ice removal on sidewalks and other boulevardl e outside the curb or street area. The County shall be responsible for routine 'thilllithe curb to curb area of the highway. Article 6 e City shall be responsible for providing the necessary electrical energy for the operation of the traf ntroLsignals, and any electrical energy for street lights. In addition, the City shall be responsible f its cost and expense to (I) relamp the traffic control signals; and (2) clean and paint raffic control signals and cabinets; (3) provide, at is costs and expense, the maintenance on . s; and (4) maintain and operate the EVP System. (Emitter units may be installed and used only on v es responding to an emergency as defined in Minnesota Statutes Chapter 169.0 I, Subdivision 5 and 1"69.03.) In the event said EVP System or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violation continue after receipt by the City of written notice thereof from the County, the County shall remove the EVP System, at the City's expense. Upon completion of the project; it shall be County's responsibility at its cost and expense to (1) maintain the signal controller; (2) determine the appropriate signal timing sequence; (3) provide phone service to the controller for remote servicing; (4) provide for replacement of poles, video detection equipment, cabinet, etc. if they should be damaged through vehicle collision, etc. (major maintenance). Article 7 The City shall indemnify, save and hold harmless the County and all of its agents and employees of any form against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution or performance ofthe work provided for herein to be performed by the City. The County shall indemnity, save and hold harmless the City and all of its agents and employees of any form against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution of performance of the work provided for herein to be performed by the County. . Article 8 It is further agreed that any and all full-time employees of the County and all other employees of the County engaged in the performance by any work or services required or provided for herein to be March 2005 5 (": windows "/1:'..\/1! (.'onsl/'lIc1iowlgl'eellwl1l.du( S'f-\-l8 . performed by the County shall be considered employees of the County only and not of the City and that any and all claims that mayor might arise under Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the work or services provided to be rendered herein shall be the sole obi igation and responsibility of the County. It is further agreed that any and all full-time employees of the City and all other employees of the City engage in the performance by any work or services required or provided for herein to be performed by ~ity shall be considered employees of the City only and not ofthe County and that any and al ims that mayor might arise under Workmen's Compensation Act of the State of Minneso half of said employees while so engaged and any and all claims made by any third parties:~s a co .' ence of any act or omission on the part of said City employees which so engaged on a nQ,~ work 0 vices provided to be rendered herein shall be the sole obligation and responsibility 'ity. Article 9 fore this agreemeht shall become binding and effective it shall be approved by the City f Monticello and it shall also be approved by County Board and such other officers as law may MONY WHEREOF the parties have duly executed this agreement by their duly Icers and caused their respective seals to be hereunto affixed. COUN'I'Y OF WRIGHT' CITY OF MONTICELLO Recommended for Approval: Recommended for Approval: County Engineer City Engineer, Monticello Chair, County Board Mayor, City of Monticello County Coordinator City Attorney, City of Monticello County Attorney City Administrator, City of Monticello . Date Date March 2005 6 ('. winJI.!\l's ihJ./I' ('OJ/.\;I/'I/CI1()//:/I..'l'eemenl.dol. '5 \-\ -l q Jeff ONeill .rom: Sent: To: Cc: Subject: Nancy Hanzlik [NHanzlik@wsbengocom] Friday, May 06,20059:14 AM Jeff ONeill; Rick Wolfsteller John Simola; Wayne Fingalson; Bret Weiss; Doug Weiszhaar; Virgil Hawkins RE: CSAH 18/39 Cooperative Agreement draft - city/county REVISED Attached to this email is the revised county/City agreement that is to be approved on the May 9 City Council meeting and the May 10 County Board meeting. Please Let me know if you need a write-up or anything else to place this item on your agency's agenda. A. Please note the only change made was to indicate the County will pay for 52 feet of the 112 feet (46%) and the City will pay for 54% in Article 2, Note E. Virgil's comments below were discussed at a meeting of Doug Weiszhaar and County staff and they agreed that the County will pay Eor 46% of the KR crossing. Nancy Hanzlik Sr. Project Manager WSB & Associates, Inc. 701 Xenia Avenue South Suite 300 Minneapolis, MN 5~416 Direct: 763-287-8303 fax: 763 541 1700 ------OCigina1 Message----- l:'rom: Virgi 1 Hawkint; [mai 1 to: Virgi 1 . Hawkins@co. wright. TIm. us] Sent: Wednesday, May 04, 2005 8:31 AM To: Nancy Hanzlik Cc: John.Sim01a@ci.monticello.mn.us; Wayne Fingalson; Brel Weiss; Doug Weiszhaac Subject: Re: CSAR 18/39 Cooperative Agreemerlt draft - city/countyREVISED IIi Nancy, The existing RR crossing on CSAR 18 is only 52 feet wide. This was installed in 1988 & with a 25 year life expectancy, there is 28% life left in this ccossing. Therefore, the County will pay for 72% of 52 leet = 37.5 feet. Please revise Article 2, Note E to read ".. .County's share of the new KR crossing on CSAH 18 will be the cost of 37.5 feet, with the City paying for the remainder ("/4.5 feet)..." Thanks, Virgil. Virgil Hawkins Assistant Wright County Engineer Wright County Public WorkS Building 1901 Highway 25 North Buffalo, MN 55313 763-682-') J87 763-682-0/313 (fax) >>> "Nancy IIanzlik" <NHanzlik@wsbeng.com> 04/29/05 02:01PM >>> I have revised the draft agreement sent to you yesterday by email to .ncorporate DOU9's cocrections. Please discard the previous agreement nd review the attached document. The revisipns are: 1 5U-~O f5 ;eet) "Article 2 ~ add er1CJincerinq se tv ices and note H, add "( '56 eo note E twice Article 4 - replace the first paragraph and table with new verbiage. Please provide your corrections to me and I will update and redistribute the agreement. Thank you. Nancy Hanzlik Sr. Project Manager WSB & Associates, Inc. 701 Xenia Avenue South Suite 300 Minneapolis, MN ~~41G Direct: 763-287-8303 Pax:/63 541 1700 . . 2 S \.-\ - <() \ . Council Agenda - 5/23/05 51. Issue a Ne2:ative Declaration of Need for an Environmental Impact Statement eElS) for the Hidden Forest and Sunset Rid2:e Residential Development (Citv of Monticello Plannin2: Project Nos. 2003-055 and 2004-057) (WSB) A. REFERENCE AND BACKGROlJND: The public comment period for the Hidden Forest and Sunset Ridge development Environmental Assessment Worksheet (EA W) ended April 27, 2005. This project is located on 173 acres of land just outside the east City boundary in the annexation area south ofCSAH 39, north ofI-94, and cast ofI-laug Avenue. Comments were received from the Department of Natural Resources and the Pollution Control Agency as outlined in the attached documentation. The purpose of the EA W is to identify potential environmental impacts and determine whether or not an Environmental Impact Statement (ElS) is required. An EIS is a more extensive environmental review process. Determining whether or not an EIS is needed does not relate to providing approval or denial for the project. Based on the information in the EA Wand review agency comments regarding the EA W, the project does not have the potential for significant environmental impacts that cannot be addressed as part of the permitting process. - B. ALTERNATIVE ACTIONS: 1. Issue the Negative Declaration of Need for an Environmental Impact Statement (EIS) for the Hidden Forest/Sunset Ridge residential development site. 2. Authorize preparation of an E1S for the Hidden forest/Sunset Ridge residential development site. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator, Deputy City Administrator, and City Engineer to select Alternative No. I. D. SUPPORTING DATA: .. ..., Summary memo to the City Council Draft memo responding to agency comments Findings of Fact Draft Resolution .51-8d (' ',f)(H"( '.IN." ./IIJ.III'\(;/l., (,("/11.0<". If.S. /"'((""p',.lti.\' 1/.'1/ \1')!Ih'(l'.lIr.(I:i,~'iII.~,JII( . . WSB & Associates. Inc. Memorandum To: Honorable Mayor and City Council, City ofMonticel/o Copy: JeffO'Neil/, City ofMonticel/o Bret Weiss, WSB & Associates, Inc. Rick Lewandowski, Edina Development Mark Woolston, GP Land Corporation From: Andrea Moffatt, WSB & Associates, Inc. Date: May 18, 2005 Re: Hidden Forest and Sunset Ridge Residential Development Environmental Assessment Worksheet City Planning Project Nos. 2003-055 and 2003-057 WSB Project No. 1488-99 - - --......... The public comment period for the lIidden Forest and Sunset Ridge residential development Environmental Assessment Worksheet (EA W) ended April 27, 2005. The purpose of the EA W is to identify potential environmental impacts and determine whether or not an Environmental Impact Statement (EIS) is required. An EIS is a more extensive environmental review process. Determining whether or not an EIS is needed does not relate to providing approval or denial for the project. Based on the information in the EA Wand review agency comments regarding the EA W, the project does not have the potential for significant environmental impacts that cannot be addressed as part of the permitting process. Therefore, it is our recommendation that an ElS is not required Enclosed, please find the following items for yOLlr review relating to this EA W: . The Findings of Fact on the need for an Environmental Impact Statement (EIS). . Draft memo dated May 16, 2005 to the review agencies responding to comments received on the EA W (hereby referred to as the comment/response memo). This memo restates the agencies' comments and then responds to each issue. . . Draft resolution relating to a Negative Declaration of Need. S1- .- ~ 3 . (": '.nu< 'I. .\ fF..!I,{)..UJ '.\'( ;/<- I ('/\/./ J( "..f/"\ ./1,'/1'11'1'\,\/1-:.1 f( !-hlll( (-(),~ 1.-;o5.du( Honorable Mayor and City Council May 18, 2005 . Page 2 of2 Summary of Maior Comments Comments were received trom the Department of Natural Resources and the Minnesota Pollution Control Agency. These comments are summarized below: . The EA W indicates approximately all 19 acres of wooded area will be removed as part of this project. The DNR had concerns about the timing of tree removal on the site with respect to bird nesting and the Migratory Bird Treaty Act. The response to this comment indicates that the developer will be prohibited from removing trees from mid-May to mid-July. This will be incorporated into the plan review and Developer's Agreement. The City is further reviewing lot layout to minimize tree removal and is committed to working toward that end. -- . County Ditch 33 is located within the site. The DNR had concerns about the flooding of this ditch system mId recommended a detailed hydrologic analysis be completed. This analysis has been completed and is being reviewed with Wright County. "'he flooding issues associated with this site are anticipated to be addressed through the implementation of the storm water management plan for the site and the City's requirement that basement t10ms be 2 feet above the 1 OO-year high water elevation. "WI' . The EA W identified a discrepancy between the submitted wetland delineation and the City's field review ofthe site. The DNR had concerns about this discrepancy, the potential wetland impact, and mitigation. The City is the Local Government Unit (LGU) for the Wetland Conservation Act. As such, the City will convene a Technical Evaluation Panel (TEP) meeting to review the wetland delineation, proposed wetland impacts, and mitigation. These issues can be addressed through the permitting process. City Council Decision Action The decision before the City Council regarding the EA W is to decide whether or not the project has the potential for significant environmental impacts that cannot be addressed through the permitting processes. If the Council determines that the project does not have the potential for these significant environmental impacts, the Council should issue a Negative Declaration of Need for an EIS. If the Council determines that the project does have the potential for significant environmental impact that cannot be addressed through the permitting and approval process, the Council should require an ETS. Based on the review completed by WSB & Associates, it is our recommendation that an EIS is not needed for this project. If you have any questions, please feel free to call me at (763) 287-7196. . Stf- .- 15 L\ . (', ',!.luCI",\ fF../\n.III'\,(iR ..I,Cf'.!.O( ".lI.S .';',J,'lllp".\JF.\/O-iJmu-1i518(/.1.d/!( .. . WSB & Associates, Inc. Memorandum To: Copy: From: Date: Re: . Tim Bremicker, Department of Natural Resources Kevin Kain, Minnesota Pollution Control Agency Jeff 0 'Neill, City of Monticello Bret Weiss, WSB & Associates, Inc. Rick Lewandowski, Edina Development Mark Woolston, GP Land Corporation Jon Larsen, EQB Andrea Moffatt, WSB & Associates, Inc. May 18, 2005 Hidden Forest and Sunset Rillge Residential Development EA W Responses to Comments City of Monticello Planning Project Nos. 2003-055 and 2003-057 WSB Project No. 1488-99 The public comment period [or the Hidden Forest and Sunset Ridge residential development Environmental Assessment Worksheet (EA W) ended April 27, 2005. Comments were received from the Minnesota Pollution Control Agency and the Department of Natural Resources. Outlined below, please find the comments from each agency followed by responses to these comments. The comment letters are also attached for your information. Comments from Pollution Control Aeenev Comment #1: Relative to those areas where the MPCA has regulatory responsibility, we do not believe that the project has the potential to cause significant environmental effects, and theref(ue do not recommend that an Environmental Impact Statement (EIS) be prepared. Response: No response is necessary Comment #2: As noted in Item 8 of the EA W, the project would require application for and issuance of a National Pollutant Discharge Elimination System General Stormwater Permit [or Construction Activity Permit (Permit). Permit coverage is required prior to commencing any land disturbing activities (i.e. clearing, grading, filling, and excavating) at the site. The permit specifically requires implementation of best management practice measures (BMP' s) to control erosion and sedimentation during construction. The permit also requires that a Stormwater Pollution Prevention Plan (SWPPP) be developed to manage pollutants in storm water runofI from the site that will occur during construction and after construction is complete. The Permit requires that the SWPPP and BMP implementation strategy be prepared prior to submitting a permit application. . ('II)()!"'.\n" I IJ>. ''',,"UR..J. I '1iI.0I'. liS, j',j"",pl\lF.\ 1II,'S',1.'u:" % s May 18, 2005 Page 2 . Response: The developer is required to comply with the NPDES Construction permit and develop and implement the SWPPP. The City conducts regular inspections of the development sites within the City to review sites for their compliance with NPDES regulations. If sites arc not compliant, the developer and contractor are notified to address the issue. These types of inspections will occur for the l-lidden Forest/Sunset Ridge development. Comments from Deoartment of Natural Resources Comment #1: Item 10: The table in Item 10 shows the conversion of 19.7 acres of wooded/forest cover. Depending on the condition ofthis wood, the proposer may elect to market it as sawlog, landscaping material, firewood, or bio-fuel for the production of energy. We strongly recommend that the City contact Jean Moulle (651-772-7567) for advice on this subject. .. . Response: The City will take this into consideration and provide this information to the developer. . Comment #2: Item 10: Additionally, removal of this amount of forest during the migratory bird-nesting season may result in the destruction of active nests. The bird-nesting season typically extends from mid-April through mid-August, with a peak from mid-May through mid- July. We recommend that site clearing of forested areas occur either before or after the nesting season, to avoid potential conflicts with the Migratory Bird Treaty Act. Because this project site contains extensive open areas, we believe that the project could substantially begin this summer while leaving some clearing for later. Response: The City will require that tree removal not occur between mid-May and mid- July to address this issue. Comment #3: Item 12: The EA W discussed the County Ditch issue, but does not mention the fact that the ditch functions extremely poorly and flooding of much of the south part ofthis property has occurred frequently in the past. The area along the county ditch is not a designated flood plain area. It is, however, suhject to localized flooding and the area impacted extends well beyond the limits of "Basin 1". We recommend that either the EA W or the platting process include a detailed hydrologic analysis of the area. TheEA W also mentions that the "city would like to provide a more defined and reliable outlet to protect residents from flooding." We recommend that the City hold off on development of the lower portions of the proposed plat until an outlet has been developed and proven to handle a 100-year event. . Response: The current County Ditch 33 outlet on this site is a 22" concrete pipe at an elevation of 920.00 located at the northwest corner of Basin 1. At the southeast corner of this parcel, there is a 24-inch storm sewer pipe with an invert elevation of927.75, which drains the approximately 3,SOO-acre CD 33 watershed. Flooding problems within the CD 33 watershed south of this site originate from failed tile systems leading to this low area, not he cause the outlet is backing up. Ditch law and Wright County require that any new outlet at a minimum must maintain existing service levels. A detailed hydraulic analysis of this development and the new outlet has been developed and is in the approval process with Wright County. . (':I/U)( 'f ,\11-: -/\f,I n,..\,{;U-1.( "',I.oC.If,,<.,""!\"/(~lllfl\.\W\f( )-( RJl/L~III(l-():;I'''05"lm. stL - g-- to May 18, 2005 Page 3 . The localized flooding that occurs on this property is the result of the poor condition of the CD 33 outlet. Historically the area identified as Basin 1 supported crop production. While it is typical for seasonal flooding to occur in the spring, only the channeled ditch area displays open water conditions. This project is proposing to raise the outlet invert elevation from 920 to 926. With this change, the normal water level would be raised as well as the available storage between the NWL and the EOF at 928. If approved, construction of the storm water outlet as well as the other utilities will be completed before home construction. The final grading plan must meet the flood protection requirements of the City of Monticello which require low floors to be 2-feet above the 100-year flood elevation and the EOF route. . Comment #4: The EA W is also incomplete in its assessment of wetland impacts. Under Item 10, the EA W states that wetland impacts could range from 0.18 to 2.93 acres, and under Item No.ll it indicates the number of wetlands on the site could be two to four. Any impacts over 2.0 acres will require an Individual Permit from the US Corps of Engineers. In this case, these discrepancies are not a trivial matter, because they could greatly affect the design of the project. For example, the proposed through road would impact Basin I, a Type 3 wetland. Sequencing requirements, however, may dictate that the through road not be allowed and the uplands be developed in discrete units (perhaps three discrete units). It would be wise for the developer and City to convene a Technical Evaluation Panel to review the wetland delineations and sequencing before proceeding further. Wetland replacement is also required to be on-site when possible, at a 2: 1 ratio. The second half of the replacement ratio could be in the form of publ ic value credits (PVC) such as buffers to existing or replacement wetlands. We recommend that the City direct the developer to 1) demonstrate how much wetland will be filled after sequencing has been accomplished, 2) identify replacement amounts and sites, and 3) view this as an opportunity to preserve some ofthe existing tree cover in the form of Pve. Response: With respect to the range of wetland impacts, it was discovered during the EA W development process that additional possible wetland areas not shown by the wetland delineation were present on the site. This discrepancy was discussed in the EA W to identify this issue. The City will require that these areas be verified with a spring site evaluation/delineation. . To elarify some of these comments, there is no road proposed through Basin 1, the large Type 3 wetland within the site. The plans do show possible impacts associated with a trail, and some lots. The City agrees that neither sequencing nor mitigation for these impacts has been specifically addressed by the developer at this time. Any proposed impacts to wetlands will be addressed in accordance to the US Corps of Engineers and the Wetland Conservation Act. It is anticipated that a TEP meeting will be conducted on site with Wright County SWCD, BWSR and the US Corps of Enginecrs to review the delineation, impacts, and mitigation. To further clarify, this comment indicates that Public Value Credit (PVC) is available for preserving buffer around existing wetlands. lJnfortunately, preserving bufTer around existing wetlands is not an activity that is eligible for PVC credit. . (': \f.)(){ ""\ fF.-/"./.J./ ".\'( i}(-!. ('1\/./)(' '.lI.S- 1\7 1'lIIp\.\ IF\f( }.('R/,I/(JI/!/!_(l) /81i5.doc S~ _%1 . . . May 18, 2()05 Page 4 Comment #5: The discussion in No. 14 is incorrect. The northern end of the project site is a couple hundred feet within the current (but outside the proposed) Wild & Scenic River District Boundary for the Mississippi. The proposed plat shows at least 10 lots that will be within the existing Wild & Scenic River District. At this point, we are unable to verify whether those lots meet the requirements of Monticello's Wild & Scenic Ordinance. Response: Upon further review, there appears to be an existing and proposed Wild and Scenic River District boundary for the area. The information used in the EA W related to the proposed future boundary of the District, which may be approved in the next few years. The future boundary is anticipated to be CSAH 39. The existing boundary is the section line, which is approximately 228 feet within the proposed development (see attached figure). Therefore, the DNR is correct in that a portion of this development is subject to Monticello Zoning Ordinance Chapter 27, which includes a minimum lot area of 12,000 feet with a maximum lot coverage of 30% impervious surface. The compliance of this project with respect to this requirement will be addressed through the City's platting process. Comment #6: In summary, we recommend the City delay its final decisions on the EA W until 1) the f1ooding/drainage issues are satisfactorily addressed, 2) the wetland delineation and sequencing issues arc addressed, and 3) the Wild and Scenic River issues are addressed. At this time, consider only those portions of the property that have never f1ooded. Response: The City has delayed its decision making on this EA W from May 9 to May 23. The f100ding and drainage issues are being addressed with the County. The wetland delineation, sequencing, and mitigation issues will be addressed with the TEP. The development will be required to meet the Wild and Scenic River zoning requirements for that part of the development within that district. These issues are addressed in the above responses to the comments. This concludes the City's responses to the comments generated as part oftheEA W process. If you have any questions, please feel free to contact me at (763)287-7196. am ("'I/U)( 'I 111'- I\/)' 11I"\'{;U.uJ.('/',j,()('..u.S-!\"h'lJIp\.\1I::\J(J-( Rl!lt'!!IO-().~/8()5,i11!1 S1- -<6~ APR-07-2005 11:43 APR 07 '05 10:59AM WSB & ASSOCIATES 7635411700 P.02/03 P.2/3 . Minnesota Pollution Control Agency AprilS, 2005 Mr. Jeff O'Neill City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 RE: Environmental Assessment Worksheet (EA W) Hidden Forest and Sunset Ridge Residential Development Dear Mr. O~Neill: The staff of the Minnesota Pollution Control Agency (MPCA) has reviewed the EA W for the proposed Hidden Forest and Sunset Ridge Residential Development project (project). . Relative to those areas where the MPCA has regulatory responsibility, we do not believe that the Project has the potential to cause significa.r,.t environmental effects, and therefore do not recommend that an Environmental Impact Statement (BIS) be prepared. However. the WCA offers the following comments and infonnation. As noted in ltem 8 of the EA W, this Project would require the application fOJ: and issuance of a National Pollutant Discharge Elimination System General Stormwater Permit fur COnstruction Activity Permit (permit). Permit coverage is required prior to commencing any laud disturbing activities (i.e., clearing, grading, filling, and excavating) at the site. The Permit specifically requires implementation of best management practice measures (BMPs) to control erosion and sedimentation during construction. The Permit also requires that a Stonnwater Pollution Prevention Plan (SWPPP) be developed to manage pollutants in stormwater runofffrom the site that 'Will occur during construction and after construction is complete. The Permit requires that the SWPPP and BMP implementation strategy be prepared prior to submitting a permit application. Thank you for the opportunity to review the EA W on this proposed Project. This comment letter addresses matters of concern to MPCA staff reviewing the EA W and is submitted for consideration to the city of Monticello. the responsible government unit, in deciding whether an EIS should be prepared on the Project. It does not constitute approval by the MPCA of any or all elements of the Project for the purpose of pending or future pennit action(s) by the MPCA. We have attempted to identify and consult with interested program staff to identify the MPCA permits and conditions that may be required. Additional comments or requests for information may be submitted in the future to address specific issues related to the development of such pennit(s). Ultimately, it is the responsibility of the Project proposer to secure any required pennits and to comply with any requisite permit conditions. . 520 Lafayette Rd. N.; Saint Paul, MN 55165-4194; (851) 296-6300 (VoicliI); (651) 282-5332 (TTY); www.pca.state.mn.us St. Paul. BraineJ'd" Detroit Lakes" DVluttl" Mankato. Marshall. FiochQster" Willmar EQ<J~I Opportunily Employ.r' Pnn~ on re(;yCIed peper coma/ning at 1....120 peroeni1ibtr$ fTom papar recyel"'o by ""nllurners. S1-<6~ . . . APR-07-2005 11:43 APR 07 '05 11:00AM WSE & ASSOCIATES 7635411700 P.03/03 P.3/3 Mr. Jeff O'Neill Page 2 As required by Minn. R. 4410.1700, we look forward to receiving written responses to our comments on the EA W and a. record of the decision on the need for an EIS. If you have any questions concerning our review of the EA W, please contact me at (651) 296.7432. Sincerely, / / --f' // ,-,<..e---, J ~ ;C-~~ ,. K~,'i!> J. Kf.in Project Manager Environmental Review and Operations Section Regional Division KJK:gs TOTAL P. 03 S1,...qCJ . . . Minnesota Department of Natural Resources 1200 Warner Road st. Paul, Minnesota 55106 651.772.7900 Apri127,2005 Mr. Jeff 0 'Neill, Deputy Administrator City of Montrose 505 Walnut Street, Suite 1 Monticello, Minnesota 55362 RE: Hidden Forest and Sunset Ridge Environmental Assessment Worksheet (EA W) Dear Mr. O'Neill: The Minnesota Department of Natural Resources (DNR) has reviewed the EA W prepared for the proposed Hidden Forest and Sunset Ridge residential development project. From the perspective of natural resource conservation, the EA W is incomplete. We offer the following comments for your consideration. .Land Cover (Item No. 1.01 The table in Item 10 shows the conversion of 19.7 acres of wooded If or est cover. Depending on the condition of this wood, the project proposer may elect to market it as sawlog, landscaping material, firewood, or bio-fuel for the production of energy. We strongly recommend that the City contact Jean Mouelle, RegionaI Forest Utilization and Marketing Specialist (651-772~7567), for advice on this subject. Additionally, the removal of this amount of forest during the migratory bird-nesting season may result in the destruction of active nests. The bird-nesting season typicaIly extends from mid-April through mid- August, with a peak from mid-May through mid-July. We recommend that site clearing afforested areas occur either before or after the nesting season, to avoid potential contlicts with the Migratory Bird Treaty Act. Because this project site contains extensive open areas, we believe that the project could substantially begin this summer while leaving some clearing for later. physical Impacts on Water Resources (Item No. 12) The EA W discusses the County Ditch issue, but does not mention the fact that the ditch functions extremely poorly and flooding of much of the south part of this property has occurred frequently in the past. Th~ area along the county ditch is not a designated flood plain area. It is, however, subject to An Equal Opportunity Employer Who Values Diversity 1.800-657-3929 DNR Information: 651-296-6157 1.888-646.6367 TTY ~ 651.296.5484 51....,<t~ . Hidden Forest and Sunset Ridge EAW April 27, 2005 Page 2 localized flooding and the area impacted extends well beyond the limits of "Basin 1." We recommend that either the EA W or the platting process include a detailed hydrologic analysis oftbe area The EA W also mentions that the "city would like to provide a more defined and reliable outlet to protect residents from flooding-" We recommend that the City hold off on development ofthe lower portions of the proposed plat until an outlet has been developed and proven to handle a 100-year event. . The EA W is also incomplete in its assessment of wetland impacts. Under Item No.1 0, the EA W states that wetland impacts could range from 0.18 to 2.93 acres, and under Item No. 11 it indicates the number of wetlands on site could be two to four. Any impacts over 2.0 acres will require an Individual Permit from the Corps of Engineers. In this case, these discrepancies are not a trivial matter, because they could greatly affect the design of the project. For example, the proposed through road is proposed would impact Basin I, a Type 3 wetland. Sequencing requirements, however, may dictate that the through road not be allowed and that the uplands be developed in discrete units (perhaps three discrete units). It would be wise for the developer and City to convene a Technical Evaluation Panel to review the wetland delineations and sequencing before proceeding further. Wetland replacement is also required to be on-site when possible, at a 2: 1 ratio. The second half ofthe replacement ratio could be in the form of public value credits (PVe) such as buffers to existing or replacement wetlands. We recommend that the City direct the developer to 1) demonstrate how much wetland will be filled after sequencing has been accomplished, 2) identify replacement amounts and sites, and 3) view this as an opportunity to preserve some ofthc existing tree cover in the form ofPVC. Water-Related. Land Use Management District (Item No.141 The discussion in No. 14 is incorrect. The northern end of the project site is a couple hundred feet within the current (but outside the proposed) Wild & Scenic River District Boundary for the Mississippi. The proposed plat shows at least 10 lots that will be within the existing Wild & Scenic River District. At this point, we are unable to verify whether those lots meet the requirements of Monticello's Wild & Scenic Ordinance. Summary Recommendation In summary, we recommend that the City delay its final decisions on the EA W until 1) the flooding/drainage issues are satisfactorily addressed, 2) the wetland delineation and sequencing issues are addressed, and 3) the Wild and Scenic River issues are addressed. At this time, consider only those portions of the property that have never flooded. . An Equal OpportUnity Employer Who Values Diversity DNR Information: 651-296-6157 1-888-646-6367 TTY: 651-296-5484 1-800-657-3929 S 1. - C\ d--, . . . Hidden forest and Sunset Ridge EAW April 27, 2005 Page 3 Thank you for the opportunity to review this project and the EAW. We look forward to receiving your record of decision and responses to comments at the conclusion of environmental review. Minnesota Rules part 4410.1700, subparts 4 and 5, require you to send us your Record of Decision within five days of deciding on this action. If you have any questions about these comments, please contact staff ecologist Michael North at 218-833-8726. Sincerely, 4-~ Tim Bremicker Acting Regional Director cc: Tom Balcom, Wayne Barstad, Steve Colvin, Paul Diedrich, Gretchen Heaser, Dale Homuth, Michael North (DNR) Jon Larsen (EQB) Rick Lewandowski (Edina Development) Andrea Moffatt (WSB & Associates) Nick Rowse (FWS) Mark Wolston (GP Land Corp.) HiddenForestSunsetRidgeEA W.doc ERnB 20050380 An Equal Opportunity Employer Who Values Diversity DNR Information: 651.296.6157 '-888-646-6367 TTY: 651-296-5484 1-800.657-3929 -S1-~q3 . CITY OF MONTICELLO In the matter ofthe Decision on the Need for an Environmental Impact Statement (ElS) for the Hidden Forest/Sunset Ridge Residential Development in Monticello, MN FeNDINGS OF FACT AND CONCLUSIONS GP Land Corporation and Edina Development proposes a 1 73-acre residential development located outside the east City boundary in the amlexation area south of CSAH 39, north of 90th Street NE, and east of Haug Avenue in Monticello, MN. pursuant to Minnesota R. 4410.4300, subp. 36 that requires an environmental review for the permanent conversion of 80 or more acres of agricultural, native prairie, forest, or naturally vegetated land, the City of Monticello has prepared an Environmental Assessment Worksheet (EA W) for this proposed project. As to the need for an Environmental Impact Statement (EIS) on this project and based on the record in this matter, including the EA Wand comments received, the City of Monticello makes the following Findings of Fact and Conclusions: FINDINGS OF FACT . I. PROJECT DESCRIPTION The proposed project is located Monticello, MN and involves grading the 173- acre site to construct streets, utilities, and single-family homes. The project is anticipated to create 237 single-family residences. This project will change the cover type from 96.3 acres of cropland (soybeans and corn), 19.7 acres of wooded area and 0.8 acres of lawn/landscaping to residential development. The project will convert the land cover to 66.4 acres of lawn/landscaping, 50.6 acres of impervious surfaces, and 56 acres of wetland. II. PROJECT HISTORY A. The project was subject to the mandatory preparation of an EA Wunder Minnesota R. 4410.4300, subp. 36 since it includes the development oflot sizes less than five acres and the permanent conversion of 80 or more acres of agricultural, native prairie, forest, or naturally vegetated land. B. An EA W was prepared for the proposed project and distributed to the Environmental Quality Board (EQB) mailing list and other interested parties on March 21,2005. . C. A public notice containing information about the availability of the EA W for public review was published in the Monticello Times the week of March 21, 2005. C. IDOCUMF-I lOA WNGn-l.ClILOtArS'-1 \ "1 <''''pIFOF-05I (jO.1.doc Si-q~ . Ill. . . D. The EA W was noticed in the March 28, 2005 EQB Monitor. Thc public commcnt period ended April 27, 2005. Written comments were received from the Department of Natural Resources and the Minnesota Pollution Control Agency. A copy of these letters is hereby incorporated by referencc. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS. Minnesota R. 4410.1700, subp. 1 states "an EIS shall be ordcred for projects that have the potential i()[ significant environmental affccts." In deciding whether a projcct has thc potential for significant environmental affects, the City of Monticello must consider the four factors set out in Minnesota R. 4410.1700, subp. 7. With respect to each of these factors, the City finds as follows: A. TYPE, EXTENT, AND REVERSIBILITV OF ENVIRONMENTAL EFFECTS The first factor that the City must consider is "type, extent and revcrsibility of environmental effects", Minnesota R. 4410.1700, subp. 7.A. The City's findings with respect to each of these issues are set forth below. 1. The type of environmental impacts and mitigation efforts anticipated as part of this project include: a. Land Use: The land use will be converted from agriculture and wooded to entirely residential use. This area is located adjacent to major roads and freeways, thus making this land use change compatible with the surrounding uses as outlined within the City's Comprehensive Plan. b. Wastewater and Water Consumption: This development is anticipated to use and generate a daily demmld of approximately 64,938 GPD of water and 64,938 GPD of wastewater. The City has recently added a new well to serve the City's municipal water supply. If extended, the City's water system will be able to accommodate this development. Wastewater would bc treated at the City's Wastewater Treatment Plant. The City's ww'rp is able to accommodate this developmcnt, if extended. c. Storm Water: The project is anticipated to generate additional storm water runoff. Storm water will be required to be treated to NURP guidelines. County Ditch 33 is located within the site and directs runoff to the Mississippi River. Flooding south of this site occurs due to failed tile systems and not water backing up in the ditch. The City has complcted an ("lnOCUAlt--/ IDA WNC/(--/.('/IUJeALS-./1 rempIFO/-05/605.doc S1.-QS . analysis of this area and is reviewing this analysis with Wright County. The storm water management plan for the site will address the drainage issues within the site. d. Wetland Impacts: Additional potential wetlands were identified through the EAW process than what was submitted with the wetland delineation report. Impacts to any wetland within the site will be reviewed by the City and the Technical Evaluation Panel to minimize and avoid wetland impacts to the greatest extent feasible. This will be addressed through the permitting process. e. Traffic: Impacted roadways include CSAH 39, Haug A venue and 90th Street. Mitigation measures to address the traffic impacts include . 1. Widening CSAH 39 to provide a bypass lane and right- turn lane at the proposed site access. ft is assumed that the site access roadway would stop for CSAH 39. J1. Realign Haug Avenue and 90th Street east of the existing alignment as shown on the site plan. 111. Construct Haug Avenue to be a 36-foot wide street through the development. It is assumed that all side streets would stop for Haug Avenue. IV. It is assumed that 90th Street will be constructed to a two-lane, 36-foot wide street. All side streets would stop for 90th Street tramc. v. It is assumed that each of the site access streets would have a single lane of approach. VI. The intersection of Haug A venue and 90th Street was assumed to be constructed as an all-way stop Vll. Additionally, although not triggered by this development, the interchange modifications will also address tratlic impacts associated with this development. 2. The extent and reversibility of environmental impacts are consistent with those of a residential development. B, CUMULATIVE POTENTIAL EFFECTS OF RELATED OR ANTICIPATED FUTURE PROJECTS . The second factor that the City must consider is the "cumulative potential effects of related or anticipated future projects", Minnesota R. 4410.1700 subp.7.B. The City's findings with respect to this factor are set forth below. (" IDOCU;\4F--J IDA WNGI<--J. OILOCA 1.8--1 l"fempIFOF.05 J 605. doc S 1-QL, . J. Construction of the Hidden Forest and Sunset Ridge Residential Development is outside the east City boundary in the annexation area south ofCSAH 39, north of 90th Street NE, and east of Haug Avenue. The area surrounding the Hidden Forest and Sunset Ridge Residential Development has generally been developed to the west, with a few areas of agriculture remaining to the east. Impacts associated with general development in the area include increased storm water runoff, increased water use and sanitary sewer flows, and conversion of mostly agricultural land to developed area. To address these impacts, the City has implemented policies to address storm water management. The City currently has the capacity to treat the sanitary wastewater that would be generated by this site as well as provide municipal water services if extended to the site. The conversion of open space to developed space is difficult to mitigate. Open space and parkland areas are addressed in the City's Comprehensive Planning and Zoning Policies. . C. THE EXTENT TO WHICH ENVIRONMENTAL AFFECTS ARE SUBJECT TO MITIGATION BY ONGOING I)UBLIC REGULATORY AUTHORITY 1. The fOllowing permits or approvals will be required for the project: Army Corps of Engineers WetIand Permit MPCA NPDES - General Stoffilwater Permit MPCA Sanitary Sewer Extension MPCA Section 401 Certification (if needed) Minnesota DNR Water Appropriation Minnesota Department of Health Watermain Extension City Grading and Building Permits City Preliminary and Final Plat Approval City Wetland Conservation Act approval County Road Access to CR 39 County Utility Construction Permit County County Ditch Permit, if needed 2. The City finds that the potential environmental impacts of the prqject are subject to mitigation by ongoing regulatory authorities such that an EIS need not be prepared. - - C .IOO('U;\{F._l IfJA WNG/{--l. C/IL()CA LS--II7'empIF()j;~1I516115 doc 5<1-ql . D. THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS CAN BE ANTICIP A TEn AND CONTROLLED AS A RESULT OF OTHER ENVIRONMENTAL STUDIES UNDERTAKEN BY PUBLIC AGENCIES OR THE PRO.JECT PROPOSER, OR OF EISs PREVIOUSLY PREPARED ON SIMILAR PROJECTS. The fourth factor that the City must consider is "the extent to which environmental etfects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, or ofEISs previously prepared on similar projects," Minnesota R. 4700.1700, subp.7.D. The City's findings with respect to this factor are set forth below: The proposed project is subject to the following plans: 1. City of Monticello Comprehensive Plan 2. City of Monticello Comprehensive Stormwater Management Plan 3. City of Monticello Comprehensive Transportation Plan 4. City of Monticello Sewer Plan 5. City of Monticello Water System Plan . The City finds that the environmental effects of the project can be anticipated and controlled as a result of the environmental review, planning, and permitting processes. CONCLUSIONS The preparation of Hidden Forest and Sunset Ridge Residential Development EA Wand comments received on the EA W have generated inil)fmation adequate to determine whether the proposed residential development has the potential for significant environmental effects. The EA W has identified areas where the potential for significant environmental etfects exist, but appropriate measures have or will be incorporated into the project plan and/or permits to mitigate these etfects. The project is anticipated to comply with all City of Monticello standards and review agency standards. Based on the criteria established in Minnesota R. 4410.1700, the project does not have the potential for significant environmental effects. Based on the Findings of Fact and Conclusions, the project does not have the potential for significant environmental impacts. An Environmental Impact Statement is not required. . C'IJ)OCl/MF--J IDA WNCiR-],C]ILOCI /.g..] I Temp\FOF-D5] 6D5.doc si -q <6 . . . CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION 2005-58 RESOLUTION ISSUING A NEGATIVE DECLARATION OF NEED WHEREAS, the preparation of the Hidden Forest/Sunset Ridge Residential Development EA Wand comments received on the EA W have generated information adequate to determine whether the proposed project has the potential for significant environmental impacts; and WHEREAS, the EA W has identified areas where the potential for significant environmental efTeets exist, but appropriate measures have or will be incorporated into the project plan and/or permits to reasonably mitigate these impacts; and WHEREAS, the Hidden Forest/Sunset Ridge Residential Development project is expected to comply with all the City of Monticello and review agency standards; and WHEREAS, based on the criteria established in Minnesota R. 4410.1700, the project docs not have the potential for significant environmental effects; and WHEREAS, based on the Findings of Fact and Conclusions, the project does not have the potential for significant environmental impacts. NOW, THEREFORE, BE IT RESOLVED, the City of Monticello has determined that an Environmental Impact Statement is not required. Adopted by the Monticello City Council this 23rd day of May, 2005. Clint Herbst, Mayor ATTEST: City Administrator C \DOC UAf/::-l IDA WNGR-l. Cl\UJCA LS--l I FempIResoll/lion.doc SrL-qq Wild & Scenic River Boundary Hidden Forest & Sunset Ridge EA W Monticello, MN N W+E o 500 ] Feet Jt.. W& ---- ... j",~ _u.", I~ S1--lbO . . . Council Agenda - 5/23/05 5J. Consideration of approvine: aereement with St Henry's Church reeardine acquisition of permanent and temporarv easements associated with the 7th Street and deeD sanitarv sewer Drojects. A. REFERENCE AND BACKGROUND: City Council is asked to consider formal acquisition of roadway easements necessary to support the construction of 7th Street and the deep trunk sanitary sewer. As you may know, with the development of the Ryan site, 7th Street needs to be realigned slightly to the south along the easterly side of the church property. This realignment benefits the church parcel by shifting land from the pond to become useable area for the church. The sanitary sewer casement is a construction easement. In exchange for the easements, the agreement proposes paying $2,500 along with a promise to restore the property to its pre- construction condition. Staff has met with representatives from the church and it appears that there is support for this agreement among church leadership. Also, no further action is proposed relating to crossing church property for gaining access to the Jamison property. B. ALTERNATIVE ACTIONS: 1. Motion to approve agreement outlined in concept above. 2. Motion to deny approval of agreement as outlined in concept above. C. STAFF RECOMMENDATION: The City Administrator recommends alternative 1. D. SUPPORTING DATA: Copy of easements 5~ ~ \ 0 \ Fo,m 11I0. 31.M-QUIT CLAIM DEED -----C~_;p;Pt~f rB-rt~e'f~i1ip to COlpo,atlon 0' Pa,tnershlp .____~I~~.~!!j~~~o~~.y~...~~~~.'~~l! ?_'.!) _~~.~~'C..:':c.':C~.:..:::~~ ".:.:.:~~:'.';:C:....~-- . No delinquent tnxes IInd trnnsCer \!Iltered; CerUfical\! of Ilelll Estllt\! Vnlue ( ) (i\ed ( ) not H"luirr'(\ CerU[lcllte oC Itelll Estate Value No. ---c- County ^uditor by_ De uty stATE DEED TAX DUE HEllEON: $ None (reserved for recording data) Uate: EAsEMENT FOil VALUABLE CONSiDEllATION, the State of Minnesota The Church of St. Henrv ,a corooration ,Grantor, hereby conveys alid qultclaitns to thp. U11der the laws of r,ity of Mont;pp.lln ____________,~- ,UrnnLect under the laws of thp. Sti'ltP. of M;nnpc:ntFl.....----- ' rcnl property in County, Minnesota, described liS follows: a municipal corooration _Wright That part of the following described parcel of land in the City of Monticello: Outlot B, Church of St. Henry, according to said plat on file and of record in the Offic'c, of the County Recorder, Wright County, Minnesota. Which lies within the following permanent easeDlCnt for utility purposes: The Southwest 100.00 feet of Outlot B, Church'. of St. Henry, according to said plat on file and of record in the Office of the County Recorder, Wright County, Minnesota except that.part which lies within the existing platted utility and drainage easements. And the Southeast 50.00 of said Outlot B, except that part which lies within the existing platted utility and drainage easementS. III mO.a .paca I. ...dad. continue on backl together with all heredllamenls and IIPpurwnllllces belonging thereto. Church of St. Henry . ,\[fill 111""\ Ta)( :.ll.:\IHI' \l('f'- By Us Trustee By Its Trll" tp.e STATE OF MINNES01'A COUNTY ,OF \ ~, The foregoing was acknowledged before me this by ---------- the~ o[ t"ht)o r.nll1"f"n t"lf~'" l-lPTl'Y under the laws of the State of Minnesota _ day of -. -' and llnd .9. _ rn'rpfYt"!;::d"; l'yn corporation . on behalf of the -mGNATUll.l!: 01' PEnSON TAKING ACKNOWLEDGMENT \ .0...... ...., o. ..., <0' 0"'" "... o. ..... L To_ St...m.n.. lor .hO r.oI I'tOP"" d..ctlhd I" .M. Inot."",.n' .houl.! be '!!!Int. to (lriChldll II_mil .nd .dd...etls or OI'.nLII.)~ : TillS INSTRUMENT WAS DnAl'TED BY (NAMII AND AODllltSS)' . City of Monticello 505 Walnut Street. Suite #1 Monticello, MN 55362 Tel: 763-295-2711 ;3_l0d -- .-.--- ---_.---_._~._--_.._.-._-----_... --.--------...-------.. -. ._-"~-_.-_.,'-~,_.~---~ . ~i~' - 8~ i' I i':~~ ~ j ~ I;{ I # "'< . A ~ . <~'" , " ~'>!'.'^ '" - (0- S-.J- - _~,,!!!-'ll'?_~~:: (lUll i::lAIM DEED Corporllllon or p..lt"ef~hlp to Corpor,tlon or Partnership _"._~I!!!!.'~~~~~O-!!.!'Y~I~~~.I~~1.!1----~::-:~':..::~~~'~.'.'~?-'.;-':'..:-~.~.::'..:.._- . No delinquent taxes and transfer entered; Certlficntc oC )tenl Estate V nlue ( ) HIed ( ) not Tl"\U i,,,d Certificate of Real Estate Value No. County Auditor by Deputy StATE DEED TAX DUE HEREON: $ None (reserved for recording data) Vate: EASEMENT FOR VALUADLE CONSlUEltATION, The Church of St. Henry a m11n1("'ip'!]1 rnrpnY'!lt'irr.n j1rill:ht under the laws or the State of MinnesQ.ta County, Minnesota, described 85 rollows: under the laws of Monticello _._ ,Grantee, , real property in the State of Minnesota. , a corpnr,q t inn , Grantor, hereby conveYB and quitclail1ls to the Ci ty of That part of the following described parcel of land in the City of Monticello: Lot, 1, Block 1, Church of St. Henry, according to said plat on file and of record in the Office of the County Recorder, Wright County, MInnesota Which lies within the following permanent eas~ent for utility and drainage purposes: The northwesterly 10.00 feet of the southeasterly 40.00 feet of Lot 1,.Block 1, Church of St. Henry, according to said plat on file and of record in the Office of the County Recorder, Wright County, Minnesota, except that part which lies within the existing platted drainage and utility easements. . . III mot. .poc. 1. n..d.d, contlnu. on bock) together with all heredital1lenllland appurtenances belonging thereto. roh"r,,}, of Sf. Henry ..\ffi:< PITt! Tnx :-aal1lp I hlTl' Dy its 'fr"f<tPp' Dy Us 'fr.."tpp COUNTY,OF WRIGHT } ss. STATE OF MINNESOTA end and day of -' The fotegolng was acknowledlled before me this by lhe o( tho (Ih1'T',..h nf ~t" 'J..lp-nry undet the laws of The State of Minnesota "OTARIAL SYAMP OR SEAL (OR OTUER TI1'LE OR RA"1<1 ,a coruoration corporation , on behalf of the ~:~.~IA,':j.':.';,I~J:i.::;". ~~"A ml~::~';,ro',,,,~~:~,:" "". ,.....um...t .hould SIGNATURE OF PERSON TAI<INIiJ\Ci{NOWI.EDGMl!:NT TIII$ I"STRUMEt/TWAS DRAI'TltD BY (t/AMEAND ADDRESS): City of Monticello 505 Walnut Street, Suite #1 Monticello, MN 55362 Tel #763-295-2711 . 5'"1 \O~ --~.---~--_................__.........-..~_._-"""""""'--~-~~--- ~_................-~_.............---~~-----~-~--".- .'~ - .,._-,-_..---_.'-~_._-_.~'.- . ~""~ ~ i..~ ...~IP~ ez80 ~ f n "i~ :ti -<~ C ;'5:j~~ en"'''' ",I=!J!;E", ::;.o~;:j\ ..,~.....::t;i P""~t'J ",..,:t~ grn~~ 1"0.....'" ~i! ~ . . ili' f;? or iji- "':: ::g l!. ~ ;0 '" S '" or <0 ~ ~ "" ~ "" :3 ~~ ~:- g: \:;.~--."- " . c.! .~' I ':,' ': ~, ,\:\ ""1' F ,...., \ ~ ~l\ ~ \\". \;~~~\ ~~~ .IlS ~I" iit~~ l'l",'i1 ~~~ -;~" !i;ll -;~ ~ ~ = ~ I 1#.#$ .l' .... 'r S:5- lDS . . rH~ I . i~H ~p .J~ Q;:; il ~~~~ ;lJ~~;;; ~[!'>:;';] ~E~~ i5~~S ~iiii~tl'i ~~:::;;~ ~~ ~ () ~ li? s. (i) 11 ~ ~ D ~ ~ 1-'5 ~ ~ . . ~.= ij . ~ ;i : --~ o~ " , <=> ~ ~ 100' I .p I" $>4' ~"6 ... .,. 100' J K i I J J !~ J .,. ~ .;f t/ ,,# :- ..j 0:." ~ 1$0. j-'- \ ob ~~ - Fo.m No. 31.M-OUIl CLAIM DHO ~c~-;P;;tlo-;;;r p~~t~er;ili';- to Cmpor8llon or Purtner!hlp ~~__~~~~;~~~~E.O~~~_~.~~~!!!'-'~ !-"!!?-~------~~~~-~~~~..:.'~~~~~~~.:'.~._. . No delinquent tllxesllnd transfer entered; CerUricntc of Real Estate Vnlue ( ) filed ( ) not 1'l"luirml CerUncnte of Renl Estate Value No. County Auditor by Deputy stATE DEED TAX DUE HEREON: $ None Dale: EAsEMENT (reserved for recording data) FOR VALUABLE CONSIDERATION. The Church of St. Henrv ,a c.orpor:'ltion , Grantor, hereby conveys and quitclaims to rhp under the laws of the State of Minnesota' City of Montirpllo , OrnnLee, , relll pro petty ill a municipal c.orpor:'ltion :yJ'ri gh t That part of under lhe laws of thp !';t:'ltP of Minnp,"ota County, Minnesota, described as follows: the following described parcel of land in the City of Monticello: Lot 3, Block' 1, Church of St. Henry, according to said plat on file and of record in the Office of the County Recorder, Wright County, Minnesota. Which lies within the following permanent easement for utility and drainage,purPoses: The northwesterly 10.00 feet of the Southeasterly 40.00 feet of Lot 3, Block I, Church of St. Henry, according to said plat on file and of record in the Office of the County Recorder, Wright County, Minnesota, except that part which lies within the existing platted drainage and utility easementS. . (II mO" spoo. I. noodod. oontlnuo Dn book) logelher wilh all heredilaments and appurtenances belonging therelo. Church of St. Henry ..Hfi1< PCI'd Tn" :.:1."111[' I h,p.. By Us Trustee By Its Trustee ,COUNTY.OF WRIGHT } ss. STATE OF MINNESOTA The foregoing WIlS acknowledged before me this by the of the Church of St. Henry under the laws of the State of Minnnesota day of -, end Ilnd .a corporation corporation , on behalf of lhe NOTAnlAL STAMP oR SEAL (OR oTHEn TI1'LE on RANl<) -sIGNATURE OF PERSON TAl<IHO ACI{NOWLEDOMENT ~:~.::i(:'m,':,\~J:~:,';,.o ~.,::l m,~:::....ro',".:~~::)r' (h" In.l'''....n( .hDuld TillS INSTROMENT WAS DIlA'TED aY (NAMB ANDADDnESS), . City of Monticello 505 Walnut Street, Suite #1 Monticello, MN 55362 Tel: 763-295-2711 5'3 -I 0 I . ----,-,-_.__.~-~~~-------- ~~..__.---------'"'---_..,_.----~.-. --- ."- - -- -_._-~,----~~,~_.,..~--- · Council Agenda - 5/23/05 5K. Consideration of authorizine settin2: public hearin2: date to consider establishment of a TIF District for the Interchan2:e Proiect. (RW) A. REFERENCE AND BACKGROUND: As a result of recent discussions with Mark Ruff of Ehlers and Associates, the City's financial consultant and Steve Bubul, attorney from Kennedy and Graven, the City's bond counsel and also the BRA legal counsel, it appeared that a portion of the property being platted as Union Crossings (Dahlheimer site) along with the A VR Redi-Mix site could qualify as a renewal/renovation TIF District. This would be due to the fact that the Dahlheimer buildings and improvements will need to be removed for the new Super Target development and the A VR concrete facility would also be removed for the interchange construction. . Although the City had not originally been planning on using tax increment financing for the development being proposed in this area, the opportunity does exist for the City to capture some of the new taxes generated trom the Target store to help defray the cost of the City's share of the interchange and County Road 18 bridge construction. A TIF District would not be established around the entire Ryan development plat, but would only pertain to the east half of the site, mainly the Target store area. None of the tax increment generated would go to the developer for any of their costs, but would simply be used by the City to help defray our annual tax levy required to cover the City's share of the project estimated at $4,000,000- $6,000,000. If created, the TIF district could generate an additional $60,000 or more that could be used by the City ft}r bond payments. At this time, the Council is asked to authorize staff to continue working with the consultants and the HRA to see if a district can be established, and if so, a public hearing on the creation of this TIF district would be scheduled for either the second meeting in June or July 11, 2005. With authorization to set a public hearing, notification would be provided to Wright County of the City's intent to establish a TIF district to meet the 30 day comment. B. ALTERNATIVE ACTIONS: 1. Authorize staff to work with consultants to determine if a TIF district is feasible and to establish a public hearing date in late June or early July. 2. Do not authorize setting a public hearing. c. STAFF RECOMMENDATION: . Although a TIF district had never been considered for the redevelopment project proposed on the Dahlheimer site, the opportunity does seem to exist that would allow the City to use increment generated 1rom part of the site to help defJ-ay the City taxpayer cost associated with public road improvements in the area, mainly the interchange and bridge construction. Since the City's cost has been estimated to be anywhere from $4,000,000-$6,000,000 Jor the interchange, the City's annual tax support for the debt service could be anywhere from S\( _. lb8' . . . Council Agenda - 5/23/05 $400,000 to $6000,000 per year and the creation of a TIF district to help defray that cost by an additional $60,000 is recommended to be investigated. Since a renewal district runs 15 years, the City could capture over $900,000 in additional revenue to offset our costs for this transportation improvement. The City Administrator recommends Alternative # I in authorizing staff to investigate and determine whether a TIF district can be established. D. SUPPORTING DATA: Map depicting proposed district boundaries. SK- t C)~ . . . Council Agenda - 5/23/05 5L. Consideration of a resolution authorizin annexation of A VR site. (RW) A. REFERENCE AND BACKGROUND: With the design work for the interchange project proceeding to the point where we will soon be advertising for bids for the construction of the improvement, the City will want to annex the A VR site into the city limits. In addition, if the City is going to consider creating a tax increment financing district that would include the A VR site, the property would also need to be in the city limits for this to occur. As a result, the Council is asked to adopt a resolution requesting annexation of the A VR site as it is completely surrounded by existing city limits. If authorized by the Council, the resolution will be forwarded to the Municipal Boundary Adjustment Board for consideration at their next meeting, hopefully, in early June. As noted above, the annexation agreement between the City and Township allows for annexation by the Council of any property that is surrounded by existing city limits, regardless whether petitioned for by the property owner or not. Although we have not requested annexation in the past, we are noW reaching the point where annexation is inevitable and should proceed as soon as possible. B. AL TERNA TIVE ACTIONS: 1. Adopt the resolution requesting annexation ofthe A VR site as descrihed. 2. Do not adopt the resolution authorizing annexation at this time. C. STAF~' RECOMMENDATION: It is the recommendation of the City Administrator that the annexation resolution be approved at this time to coincide with the development of the interchange and to also allow for the possibility of creating a tax increment district around the site. D. SUPPORTING nATA: Resolution . 5 L -l\ l . OA-I061 Monticello/Monticello Township Joint Agreement CITY OF MONTICELLO RESOLUTION NO. 2005-57 ANNEXA TION RESOLUTION OF THE CITY OF MONTICELLO IN ACCORDANCE WITH THE ABOVE-REFERENCED JOINT AGREEMENT BETWEEN THE CITY OF MONTICELLO AND MONTICELLO TOWNSHIP, DATED JUNE 21,2004 DESIGNATING CERTAIN PROPERTY LOCATED IN THE ORDERLY ANNEXATION AREA (OAA) OF MONTICELLO TOWNSHIP AS IN NEED OF IMMEDIATE ORDERLY ANNEXATION PURSUANT TO MINNESOTA STATUTES, SECTION 414.0325 WHEREAS, the City of Monticello (hereinafter the "City") and Monticello Township (hereinafter the" Township") entered into a Joint Resolution for Orderly Annexation on June 21, 2004 describing the procedures and process for future orderly annexation of certain designated areas of the Township, referred to as the "Orderly Annexation Area" (OAA), for the purpose of orderly, planned growth and annexation, pursuant to Minnesota Statutes, Section 414.0325; and WHEREAS, the above-referenced Joint Resolution for Orderly Annexation between the City and Township has been previously filed with the Department of Administration and is referenced as Department of Administration File No. OA-1 061 Monticello/Monticello Township Joint Agreement (hereinafter the ".Toint Agreement"); and . WHEREAS, the above-referenced Joint Agreement provides that any land within the OAA designated therein may be annexed by the City at any time if the area is completely surrounded by the City (See, .Toint Agreement at Paragraph 2.a.); and WHEREAS, the area legally described herein and designated for immediate orderly annexation is located within the OAA described in the Joint Agreement and said property is contiguous to the City; and WHEREAS, the City has capacity to provide municipal services to the property designated herein for orderly annexation following annexation thereof; and WHEREAS, the area designated and legally described herein for immediate orderly annexation and extension of municipal services is urban or suburban or about to become so, annexation is the in the best interests of the City, Township and property owners, and annexation thereof would benefit the public health, safety and welfare of the entire community; and WHEREAS, having met all the triggering conditions for orderly annexation of the area legally described herein contained in the .Toint Agreement for property located in the OAA, the City may adopt, execute and file an "Annexation Resolution" so providing for immediate annexation of the area designated herein (See, .Toint Agreement at Paragraph 13); and . WHEREAS, in accordance with Paragraph 13 of the .Toint Agreement, annexation of the area designated herein pursuant to the .Toint Agreement does not require a hearing or any consideration by the State Department of Administration and is not subject to objection by the Township. NOW', THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello, SL-\\;} . Wright Connty, Minnesota, as follows: 1. This Resolution constitutes the City's written notice to the Township of an event triggering annexation as provided in the above-referenced Joint Agreement and shall be referred to as the "Annexation Resolution" as provided in Paragraph 13 ofthe Joint Agreement. 2. The area designated herein for orderly annexation is legally described in Exhibit A~ which is attached hereto and incorporated herein by reference. 3. A bonndary map showing the area designated herein for orderly annexation is attached hereto and incorporated herein by reference as Exhibit B. 4. The property is completely surrounded by the City which constitutes the requisite triggering event for annexation of the area legally described in Exhibit A in accordance with the Joint Agreement, is attached hereto and incorporated by reference as Exhibit C. 5. The above-referenced Joint Agreement between the City and Township, providing the conditions for annexation ofthe area legally described in Exhibit A, is attached hereto as Exhibit D. . 6. The area legally described in Exhibit A and designated as in need of immediate orderly annexation 16.18 acres. 7. The population of the area legally described in Exhibit A and designated as in need of immediate orderly annexation is zero. 8. In accordance with Paragraph 13 of the Joint Agreement, the Department of Administration may review and comment on this Annexation Resolution, but shall within thirty (30) days ofreceipt ofthis Annexation Resolution and a copy of the above-referenced Joint Agreement (attached as Exhibit D), order the annexation ofthe area designated in this Annexation Resolution and legally described in Exhibit A in accordance with the terms and conditions ofthe above-referenced Joint Agreement. No alteration ofthe stated boundaries as described in this Annexation Resolution is appropriate, no consideration by the Department of Administration is necessary, and all terms and conditions for annexation have been met as provided for in the Joint Agreement. 9. Upon the annexation of the area designated herein for orderly annexation and legally described in Exhibit A, the City shall reimburse the Township for the loss oftaxes from the property so annexed in accordance with the following (See, Joint Agreement at Paragraph 6): . a. In the year when the city could first levy on the annexed area, the City shall make a cash payment to the Township in an amount equal to four (4) times the property taxes distributed to the Township in the annexed area in the last year that propertY taxes from the annexed area were payable to the Towmthip. S L ~ \\ ~ . b. Thereafter, the City will no longer reimburse the Township. The City shall make payment as contemplated herein no later than December 31 of the first year following the year when the City could first levy on the annexed area. 10. Following annexation of area designated herein for orderly annexation, the City shall be responsible for providing municipal government services to the annexed area in accordance with Paragraph 7 of the Joint Agreement. 11. This Annexation Resolution is made pursuant to, and shall be construed in accordance with the laws of the State of Minnesota and the above-referenced Joint Agreement. 12. Upon adoption and execution of this Annexation Resolution by the City, the City shall file the same with the Township and Department of Administration Municipal Boundary Adjustments Office along with the required filing fee. 13. In the event there are errors, omissions or any other problems with the legal descriptions or mapping provided in Exhibit A or Exhibit B, in the judgment of the Department of Administration Municipal Boundary Adjustments Office, the City shall make such corrections and file any additional documentation, including a new Exhibit A or Exhibit B making the corrections requested or required by the Department of Administration as necessary to make effective the annexation of said area. . . S h .. \ \ '---\ . . . Passed, adopted and approved by the City Council of the City of Monticello, Wright County, Minnesota this 23rd day of May, 2005. CITY OF MONTICELLO By: Clint Herbst, Mayor A TrEST: Rick Wolfsteller, City Administrator S L '- l\S . . . EXHIBIT A The area designated in the Annexation Resolution and shown on Exhibit B is legally described as follows: That part of the Southeast Quarter of the Northeast Quarter of Section 13,Township 121, Range 25, Wright County, Minnesota, lying easterly of County State Aid Highway No. IS, southwesterly of the Burlington Northern Railroad, and northerly of Interstate Highway No. 94. And also that part of the Southwest Quarter of the Northwest Quarter of Section 18, Township 121, Range 24, Wright County Minnesota lying southwesterly of the Burlington Northern Railroad, and then northerly of Interstate Highway No. 94. 5 L _ll~ . . . EXHIBIT B The boundary map referenced in the Annexation Resolution showing the area designated for orderly . annexation and legally described in Exhibit A, is attached hereto. Sl- \ \ \ A "b~ A ~. _ . I ....'\........'\,<~ ----: 1/-)" ~vl'~)'\.',Nl , ~' ~ ~ ~ . --: ". ...........,.,.. ~', J.r-A '.. ,,7;/'i,' 1tJ{jJj;~ ~'\ :{...~ (;x;;,;,< .""., ..... i --.::; '" ~ . '~7 'NKr\'k .,. .< D:2<'cV)V ..... ~;' V' '/J ,.....~rs"",> <<\~ '. ., .'.,. I f l/~):ns .., ~:'0c. IJ 'fll tf/ I k lJ. .1' ""'i}i. "} _ 1/ .',.' .....~ II. "'. .. ';X ,~ ..... ..... ' j "'" r-- <~ '; ,', S l~~, T' b ....' , ....~~, ~ ~ I~ ..... \~ "~" ~ ,". ..~... .... " ..",... ... ~~. f"._ '. '. '~C ." ,'.'" .,. . --- ~;~~ '.J J \ r.~ . 1117 IL "Vm. "'I--.F i--" ....] r ....... r-. ~.,"'.. >::: ". ""'". L-- ~\{b'-" I "', , I .\\ I..,.... ~V \i\.... .\- UTT ? 'Wi 'T.. 1 NK'1 1 j L Jk_ ~:\ .)....1 'f/ ~'H""- ~ I 1".....\ ' ..\j . rw~, ;'" ~ . . .. .... I .' .' ..' ," . ..... . '. ... ,.... ........ .... ~I~ l' I' ~?f~'r~ f"y If ' ~ L ~,_ _IDCJ ~i 1"'/1 ~~~~1~,. ;: ~; 1\\ \\ \ ..1 '" ~ f,-- 1\ F _ ,~..L'"'!t':'~~ I d L~, "- ' S\......- \\8 http://156. 99.28. 891servJet/com.esri.esrimap.Esrimap?ScrviccName=Cu stomParce1&Clicnt... 5118/2005 . . . EXHIBIT C The property owner petition initiating this Annexation Resolution pursuant to the Joint Agreement between the City and Township is attached hereto. There is no petition for annexation by the property owner. The property is surrounded by the city which is a triggering event under the annexation agreement. s \-- l\~ . . . EXHIBIT 0 The Joint Agreement between the City and Township resulting in this Annexation Resolution is attached hereto. S \.-~ '\:)0 . . . Council Agenda - 5/23/05 7. Public Hearinl! on Vacation of roadway and utility easement for Monticello Commerce Center. A. REFERENCE AND BACKGROUND: The City has received a request on behalf of Monticello Industrial Park to vacate an existing roadway and utility easement across a portion of Lot 22, Auditor's Subdivision No.1 as shown on the attached drawing. As part of the Meadow Oak Avenue Project No. 2005-5C, the road and water main will be relocated to the south and this easement will not be required. Also on the agenda tonight is a preliminary plat and rezoning request for the Weinand property. Replacement easements will be acquired with the platting ofthis property. The City has published notice of the proposed vacation as required by law and mailed notice was provided. B. ALTERNATIVE ACTIONS: 1. Adopt a resolution vacating the existing roadway and utility easement contingent upon the existing water line being relocated and acquisition of replacement easements as part of the plat of the Weinand property. It is proposed that the water line will be replaced this construction season. 2. Do not vacate the existing roadway and utility easement. C. STAFF RECOMMENDATION: Since the roadway and water main will be relocated as part of the interchange project, it is recommended that this easement be vacated contingent upon completion of the water main relocation and acquisition of replacement easements as part of the platting process for the Weinand property. D. SUPPORTING DATA: Letter Legal Description/Sketch of Easement Area l .....\d \ @ March 28, 2005 THE LAND SPECIALISTS(~) Ms. Dawn Grossinger Deputy City Clerk City of Monticello 505 Walnut Street Suite 1 Monticello, MN 55362-8831 RE: Monticello Commerce Center, RPUD Property Easement Vacation, Monticello, Wright County, Minnesota Dear Ms. Grossinger: . On behalf of Monticello Industrial Park, Inc., please accept this as a formal request for the City of Monticello to vacate the existing roadway and utility easement located within Monticello Commerce Center. The proposed roadway will be relocated to the south per the Meadow Oak Avenue improvement plans being prepared by the City of Monticello. Please find attached the legal description of the easement requested for vacation, along with an exhibit showing the location of said easement. The property subject to this easement is located south of Interstate 94 and directly east of CSAH 18. Please commence the process for vacation of the above-referenced roadway and utility easement at the earliest possible date. If you have any questions, or need further information, please call me. ~o~~~ Charles C. Pfeffer, Jr. . cc: Shawn Weinand, wlenc. Dave Nash, w/enc. Steve Guhanick, w/enc. r erry Helgestad, w/enc. "1-\)':>. P/i'iF'r Company, /11e. 72UO Hemlock Lane, Suite 101 " Maple Grove, MN 55369-5587 7fj3.425.2930 "FAX 763.425.2823 "l!Mlerco(i_l)aol.com " wwwp/4li'rco.com !Vww J'heLandSpeciali.l'ts.com . . . LEGAL DESCRIPTION MONTICELLO BUSINESS CENTER MFRA #12819 That part of Lot 22, Auditor's Subdivision, No.1, also described as part of the Northeast Quarter of the Southeast Quarter of Section 13, Township 121, Range 25, Wright County, Minnesota, lying 30.00 feet on each side of the following described centerline. Commencing at the northeast comer of said Northeast Quarter of the Southeast Quarter; thence South 00 degrees 11 minutes 41 seconds West, assumed bearing, along the east line of said Northeast Quarter of the Southeast Quarter, 334.99 feet, to the point of beginning of the centerline to be described; thence South 88 degrees 38 minutes 31 seconds West, parallel with the north line of the south one-half of said Northeast Quarter of the Southeast Quarter, 1300.56 feet to a point on the west line of the Northeast Quarter ofthe Southeast Quarter distant 334.75 feet south ofthe northwest comer of said Northeast Quarter of the Southeast Quarter and said centerline there terminating. Said easement contains 1.79 acres more or less. s:lmain:\Mon I 28191corresllegal description \ _\ 'd-3 ( , ;':':'1' . tt:.~ ~: ~~~~~.~.~,: - ~~::~ ::;:;: . f> ,;. ~. i', k' .0 Z r~' . t .. , . , ; Cl ..:(, 1!1 o ;j,. p:::; 'I ;~.., E-< Z ~;;) o \) . Established In 11162 LOT SURVEYS Co.MP ANY, INC. , LAND SURVEYORS REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA "'7601 7~rd '''..."u, Norlh ' '7S:l-&6o-30~3 MlnllOllpollJ, )(Inn....l. IiO~2e '.ll No; 76lJ-68o-3622 @U-rlfP;YQ-l'",5 Qh>rtiti~,~,~~. l ...\t -f":'" .~.', . "" !,) ,,,- . , -I-.);?, . '. '1 ..... ;' .' /1)'=-.') .... N ~AI '~' .R_ . .~. ..' INVOICE NO. F.B.NO. SCALE: 1" ~ 150' o Omot.. Iron Mohll!nml '\. () ;:tj ~ ".....i"/ r ,~. ',.: - . G.N'l~~' ~.,> ,I t.... ".;( t 1: .l-! () r-c ,\. 'F: 1,' E '(i'i I Monticello Indus,trial,', j Park, Inc. ' i ' i j, i i i i i 0:> " ~.... i i 1 ."\ l\' ~-; Of :..' ,V,,) " , (.. ,9...( '.!. \ '...HIt Ca'"tr i NEII4.1 SEll. I S..\I... 13 " f QI.'r! , N~rl,~ IIn. or the NEI/4 .f t~o KII+. ~.~ _ _ _ _ ..........:....-----:--..............----- . - "J I, 1-..1 I 10 r-. . . I d ~, ~ m:":.'.},l",'~: . , ....E"....nl to be ~aoQ 0 ,; '" ---------~~-~~~--~--~~~ , Sl (~O' /' ~lUlli.Milli1-.-.-._.~.-.-~-. STREET ~-R'-~',===/~w.~/:____~__~ ! ," I ~I <0" . ID .\ \,..,\ ("')' , \ '- ~"f\ . '\ ~_. .... ", \""'-\ ~, '\ ). I "I I.~.l ! " '~~:~;~~~t 1297.99 I. ~" j,i _r . .:.~".~:.::':,,:: ("1'l;>'.:'"1,,,,1I ; ~:~,~~ ;~~k7.~~~.: -...-_! .....:~~...... The only ...""monts o~own.pr. /rom plato., rocord or Inl.nmUon ~rovldod by cIIonl Wo hO"'by cet1l/y lIlollhlo 14 'I ltuo Ind _~ot ",,,,...ltlIIUon tit . ''''''''Y 0' Ill. b.und.n... <II tn& Bbovl lIooorlbe:<llln<:l end tho Ioc:oUan al.. buUdlngo Ind'YlllbIo encrolohmentl. Wany, /rom .ald 1000. . Surveyed by uo 11111 17.th 1"Y Dr Moroh, 2.005; ff!TERRY/PRClJI:CT/I.IDl/T.e or/,ood .n.....nl..) ''; If i ' \ . ~ ::\::'Ii. "':&~ ..:t ~l. . stgno<i IiI ~I I I ~I.. Ii' C~er1e. F. _on, Mlnn. Reg. Na.21783 or O"'go'Y R. Prooch. Mlnn Rog No. 2499,2 ....:-f l_l~"-\ . . . City Council Agenda- 5/23/05 8. Consideration to Chanee a Condition for a Conditional Use Permit for a Planned Unit Develoument for Premier Banks Relatine to Restroom Locations. (JO & FP) A. Backeround Information: A conditional use permit for a Planned Unit Development by Premier Banks was considered by the City Council on May 9,2005. The Council applied two additional conditions for approval to the conditions stipulated by Exhibit z: I. The architecture must include features to improve the overall architectural aesthetic. 2. The huilding must be redesigned to provide a superior level of restroom accessibility by providing men's and women's restrooms on the first floor of the bank building. As a result of those conditions applied by Council, Premier Banks has directed their architect to provide several options to change the architecture of the building. Premier Bank representatives will choose a favored architectural option and prcsent that option to the City Council for approval at thc meeting on May 23, 2005. The second added condition requiring to the first floor location of men's and women's restrooms has however not been as favorably received. Premier Banks is requesting the Council reconsider its restroom location condition to the PUD. The Minncsota State Building Code requires that the accessible restrooms for each sex be located on the accessible route. The basement is accessible by elevator and therefore meets the intents of the building code. Though this is not a building code matter, the Council may by its zoning authority require that the restrooms he locatcd on the first 1100r. B. Alternatives: I. Motion to make no change to the conditions of approval for the conditional use permit for a Planned Unit Development for Premier Banks. 2. Motion to amend the conditions of approval for the conditional use permit for a Planned Unit Development for Premier Banks to withdraw the condition relating to restroom locations. C. Staff Recommendation: None. D. Attachments: Memorandum from Premier Banks appealing the restroom location requirement. Architectural changes will be presented on Monday night. ~ - \:15 , , , ---- .....-- ~..-- PREMIER 1-1= BANKS Memo To: Gty of Montrcello From: Andrew N ath, Premier Banks Date: May 18, 2005 Re: Restrooms in the proposed Premier Banks building We appreciate the opportunity to respond to your suggestion to add men's and women's restrooms on the main floor of the proposed Premier Banks building. We respectfully request that our restrooms as detailed in our existing .plans be approved as presented. As presented, the bathrooms in design, number and layout, comply with the Minnesota building code. The Roseville location has been in existence since 1972 and the current facility (which closely mirrors the Monticello building) was built in 1998. The Roseville office is approximately $100 million in size. On Friday, May 13th, 2005 - a payroll Friday - only two customers used the resttooms. Our employees estimate that customers use the restrooms approximately six times a week. At this location, the basement men's and women's restrooms are preferable to the public and our employees, as they provide additional privacy as they are separated by a floor. Additionally, there is an ADA compliant elevator which services all floors and is accessible to the general public. '6-\d\O . 9. Council Agenda - 5/23/05 Consideration of Proiect Award for the Hillside Farms Storm Sewer Outlet (City of Monticello Proiect No. 2004-07C) (WSB) A. REFERENCE AND BACKGROUND: At the March 28, 2005 City Council meeting, the City Council approved the plans and specifications and authorized the advertisement for bids for the Hillside Farms Storm Sewer Outlet Project. The proposed project consists of constructing a trunk storm sewer outlet pipe, which will connect the Hillside Farms development with City storm sewer service. Prior to the May 9th City Council meeting, it was discovered that the plat documents used to design this project were inaccurate and the additional easements were needcd to build this project to the plans in the bid. To construct this project as designed, the city must obtain permission or additional easements from four lots along Badger Circle, in the southeast corner of the Rolling Woods neighborhood. Award of this contract was tabled until the engineer could meet with the affected property owners and resolve the easement issue. . After meeting with the homeowners along Badger Circle, there was interest in allowing the City to proceed with a temporary construction easement provided that a backyard catch basin and restoration was part of the project. However, Alan Nelson of 6112 Badger Circle has been experiencing basement nooding since his home was built and is insistent on the City addressing this issue and fixing his basement before he will consent to work outside the City easement. City staff is currently working on resolving Mr. Nelson's drainage problems, but the responsibility ofthis work is with the homebuilder, and not the City of Monticello. In addition the project engineer has also met with Mr. Ted Bolker, who is the property owner to the south of the affected properties. Earlier discussions with Mr. Holker left the City optimistic that a drainage and utility easement could be obtained from the landowner. However, preliminary designs required an easement close to 1.5 acres with the storm sewer pipe on his property. Placing a utility in this location also puts restrictions on future development options. At the time the feasibility report was prepared, this option was explored, but the combination of additional manholes, deeper construction and purchasing easements from Mr. Bolker created a higher cost than directional boring. 'The low bid for this project was $162,456.70 submitted by Schluender Construction. Without the consent of all four homeowners on Badger Circle, a change order would be necessary to directional drill an IS-inch line through these properties at an additional cost of $167.00 per foot. This increases raises the construction costs to $195,984.00. The engineer is also exploring the feasibility of jacking dual 12-inch lines and the impact on costs. . The completion of this project is necessary to continue with approval of additional construction of the Hillside farms and Spirit I-Iills developments. It is the recommendation of this report that the City continue to work with the homeowners, offering to purchase additional permanent drainage and utility easement along with consent for construction. If an agreement cannot be reached within a week, the City should award the contract and proceed with a change order to bore one18-inch pipe or two 12-inch pipes, whichever is more cost- effective through the backyards of Badger Circle. The last option would be to redesign the construction to design a more cost-effective project to work within the existing.easements. (":\/)/)('( '.\Il- lillJ 1I',\(;j~. j,( "/'1/.1)( '.II.S .}IJ('!IIfM TJ.ull,' 'ftl/.\'ide/'iI/"m,\-1!52311.' Iln/" q-l:J.l . . . Council Agenda - 5/23/05 This project is to be funded by the benefited property owners of Hillside farms and Old Pioneer (Spirit 11ills South) subdivisions. These subdivisions will contribute $ 315,504 to the City of Monticello's trunk storm sewer fund. With the revised estimated construction cost, the proposed project cost is estimated at $239,136.26. B. ALTERNATIVE ACTIONS: 1. Accept the submitted bid and award the contract to Schluender Construction. Authorize the City Engineer to negotiate for additional easements and construction rights with the affected homeowners along Badger Circle. If agreements can be reached, build the project per plan. If agreements cannot be reached, authorize a change order, which will directional bore storm sewer pipe within the existing casement along the backyards of the Badger Circle homeowners. 2. Reject the submitted bids and authorize the preparation and bidding of new plans, which reflect additional directional boring within the existing casement C. ST AFF RECOMMENDATION: The City Engineer recommends that the Council select Alternative Action No.1. D. SUPPORTING DATA: Letter of Recommendation Bid Tabulation C\~l:}?5 (':\O(J<" ',I IF . NU 11'.\ (;fl.-.J.( "N,{)('..lf.S- 1',1'0'1111/\1 1'I.Ull:. IIrll.liddll/"llI.,.Ii);',W,:;,dil( A . WSB &. AssOCiates. inc. Infrastructure I Engineering I Planning I Construction May 9, 2005 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax; 763.541-1700 Honorable Mayor and City Council City of Monticello 505 Walnut Street, Suite I Monticello, MN 55362-8822 Rc: Hillside Fanns Stann Sewer Outlet and Appurtenant Work City of Monticello Project No. 2004-07C WSB Project No. 1488-43 Dear Mayor and Council Members: . Bids were received for the above-referenced project on Friday, May 6, 2005, and were opened and read aloud. A total of3 bids were received. The bids were checked for mathematical accuracy and tabulated. The Engineer's Estimate was $119,488.95. Please find enclosed the bid tabulation indicating the low bidder as Schluender Construction, Monticello, MN, in the amount of $162,456. 70. We recommend that the City Council consider these bids and award a contract to Schlucnder Constmction, based on the results of the bids received. Sincerely, 1//df::C' Phillip A. Elkin, P.E. Project Manager Enclosure cc: Sch1uender Constmction tsh . Minneapolis I St. Cloud Equal Opportunity Employer HWi'WINlUSS../J!HFC I.7'R.dDc q-l;).~ . . . ";~;I:~i':~~j~~'~~~.~:~~::,~':~,MM;~~~:I':ii,::;,i.!'!";;':i PROJECT: Hillside Farms Storm Sewer Outlet And Appurtenant Work City Project No. 2004-07C LOCATION: Monticello, MN WSB PROJECT NO.: 1488-43 Bids Opened: May 6, 2005 at 11 :30 a.m. ., ',:". :"''::,'\Ly:-.: :;>i'::T':;: ::::,\;;;;://:; ~', . .',"'.."'" ,., '"" ><> 'I, \'+~F~;,<,;j::~Il;:;jJ}~~ .',,,., ',.".......,. .., ... . ...~" ,.~~.,.~.,'~~~.:,.:,:. Contractor Addendum Rec'd (n/a) Bid Security 1 2 3 Schluender Construction Burschville Construction, Inc. Northdale Construction, Inc. x X X X X X Total Base Bid ,;.'!!;~ll1~:~1:':: Engineer's Opinion of Cost $119,488.95 I hereby certify that this is a true and correct tabulation of the bids as received on May 6, 2005. ,tiat&PE Denotes Corrected Figure FIWPWlNi14S8-."EXCHI8ID TAB SUMMARY_xis C\ -l30 Vj LO o 0 o 0 ,~ ::E .:. c<:l "0 5 :;$ c . .Q - ctI m- m:J .!!! ::~ 0 I- ~ ~ I ctI m CIO CV co c:: '<:t C ,... :E 0 . 0 ci z ti z co -l- I- o cv - ~c c 0 e~ U 0.0 E :i I- oCt 0 - 00 UJ =0 Q) .. 00 - .- (f) \.oQ)~;.: tfSo,... ::: ~Or ,9 "0"",_0 ~ ._ Q) 0 ~ "3 .!!! ~ - .n :z:~5~ c<:l ~ , ~ Q) -ui:n E c C Q).- ~~ f co =c ("') Z UQ) v - 0. I 0 0 00 Q) 00 '0 ~ v ~ ,....., \.0 m 0 a.. g g 0 0 0 0 ~ g 0 '" '" C\I '" <> ~ 8 ~ .,., 0 0 '" ... g <> <> 0 0 <> '" ~ .... '" <'! '" '" 0 ~ <D -~ fl 0 0 0 0 ci ~ .....: ~ ci " N " iii <D iii g ~ oJ o:i .....: N iii ~ '''' :g ~ C\I .,. .,., .,. <> Ie m C\I '" '" '" '" 12: C;; N '" 0.. '" N '" '" .,. '" ~ "- <D '" '" N <> N .... 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UJ ~ LU ir :"i U) OJ I- eI: W 0 <Xl a.. ::r -' di >- UJ 0- Q) Li: 0- 0 t 0 "0 I- ~ W I- >- a: II --' z ui I- a.. "" :f r:::. w () rj IXl "e ..,. t:i z; z CJ z '" <:> a.. '" <{ w ~ is w .... I- ::E u.. CJ -' u E <h 0 a: ~ LU 0 => Q) IXl W W W ~ Cl '~ Q) ... C':l 0- 1i5 (f) w c.. ~ 0 '" "" '" 0 '" J: (.) S ~ ~ i5 f6 l7; II> ti on U) II> LU Q) E i, ,..; lri lri 0; '" '0 'e :;; ...... r;; ...... 0 '0 1!1 II> Kl II> ~ 0- N '" '" '" !:.. !:.. ..::.... ci z . E i!! '" r.o .... re '" N '" '" '" N 4-< o N . Council Agenda - 5/23/2005 10. Consideration of chanl!cs to Street Lil!htinl! Poliev. (1.S.) A. REFERENCE AND BACKGROUND: As directcd by the City Council, Staff took this issuc oflighting levels in the new developments to the Planning Commission along with the existing Street l,ighting Policy to look at changes to improve the levels of lighting in those older and new developments. The City's Lighting Policy was first established by Resolution No. 144 in April of 1971. It was amended in January of 1974, and has served the City well for many years. With this policy the City has lighted all intersections of city streets with other city streets or public roads. Spacing of long stretches of street has been 700'. Mid-block lights were added where crosswalks existed or where other hazards were known. Street lights were put in hazardous areas such as sharp curves and significant changes in grade. The wattages have changed over a period of years and the type oflighting has changed but thc basic policy has remained the same. Wattages have generally been able to be reduced due to the increascd luminous of new lighting. . In 1989, we added a modification to the Street Lighting Policy to include lighting cul-de-sacs or dead end streets in the existing part of the community by petition. In June of 1990, we amended our policy to have the developers pay for the installation of light fixtures, poles and underground wiring in new developments. This was primarily due to the skyrocketing monthly cost on the lights. When the installation and equipment costs were added to the electric and maintenance bills, the lighting costs doubled. By having developers pay up front for these costs, the City lowered its monthly cost per 100 watt fixture to the $5/$6 range per month. I have reviewed our existing policy with both Xcel Energy and Wright Hennepin Electric. They both felt our spacing between lights was excessive at 700' and recommended a change to 350' spacing in residential areas. They recommended continuing lighting cu-de~sacs, changes in grade or direction and known pedestrian crossings. I presented this information at the last Planning Commission meeting and the Planning Commission approved the change to the 350' spacing between lights. It was also brought up that our lighting should be consistent in regard to which side of the street we light. I then discussed this with Xcel Energy and came to the conclusion that the following should apply to street light locations: when a street has a sidewalk on one side the light should favor the sidewalk side. When there are no sidewalks on the street or when sidewalks arc located on both sides of the street the lights should alternate. Additionally, lighting projects such as Broadway, School Boulevard or Deegml Avenue in commercial areas do require engineering design work and light locations are generally placed around the many driveways and other access points and intersections. Consequently, those projects should still be continued to be designed separately. . Additionally, one of the problems that we found in the developments is the lighting levels at the individual light locations. In 1991 the City began allowing developers to have input into the type of lighting for their developments. The traditional fixture came as a replacement for the cobra head lighting due to the "look" and low cost. The traditional fixture from Xcel Energy or NSP at that time consisted of a 100 watt bulb with f(mr opaque glasses similar to the effect of having I 0 - (33 . . jJ-eJ B. ~ (;~ 1 &~ . Council Agenda - 5/23/2005 a nice light and pulling a shade down on all for sides ofthe light. Consequently, the light levels were reduced. Add to that the maintenance of those fixtures in later years was only for outage purposes; and the glass darken cd with age and was almost impossiblc to clean. So again we lost more light levels. Looking at the photometries of the old style lighting and the newer available step~up lighting from both Wright Hennepin and Xcel Energy it is clear that lighting levels can be greatly improved using the san1e wattage but using a step-up fixture. The step~up fixture for thc Xcel Energy lighting would be the colonial fixture which has clearer glass and has much better lighting characteristics and is more uniform. The Holophane RSL 350 Serics luminaire from Wright Hennepin is their step-up lighting. Two of these lights have been installed on River Forest Drive just west of Gillard Avenue. I pointed this out to the Council previously that they should stop and take a look at those lights in the evening and sec if they feel the lighting is more uniform, softer and covers a greater area as the photometries indicate. City Staffis proposing that on all new future developments we use the step-up lighting paid for by the developer and that we change the maximum spacing to 350'. We would also like to develop a finance plan whereby we could start replacing the older fixtures with the step-up lighting. There are only 44 fixtures in the Wright Hennepin district but there are several hundred in the Xccl Energy territory, so we will come back at a later datc with a plan to update and replace those fixtures. We will also get a commitment from thc two power companies to rclamp, clean and maintain fixturcs at an acceptable level. The upgrade cost per fixture from Wright Hennepin is $700 per fixture. I do not have an upgrade cost from Xcel as of yet. AL TERNATIVE ACTIONS: Thc first alternative would be to modify the existing policy to include a maximum of350' spacing between lights in residential areas rather than the existing 700', and go to the step-up lighting for all new lighting installed after May 23,2005, and to devclop a plan with XcelEnergy and Wright Hennepin to regularly relamp, clean and maintain fixtures and poles, as well as to look at a replacement program to the step-up lighting. This would include consistent light locations as previously mentioned. 2. The second alternative would be to approve the new spacing of350' but not to upgrade to bettcr lighting. 3. Thc third alternative would be to modify thc spacing to 350', to change to thc upgrade lighting but not to look at a replacement program for the older fixtures. 4. The fourth alternative would be only to change to the 350' spacing between lights, not go to the upgrade nor develop a replacement program. 5. Thc iifth alternative would be a combination ofthe others or suggestions of the City Council. c. STAFF RECOMMENDATION: It is the recommendation of the City Administrator and Public Works Director that the City Council approve the changes in the policy to the spacing of 350' feet, to change to the updated lighting for all new lighting after May 23, 2005, to develop and maintenancc and replacement \o-l3,-\ . Council Agenda - 5/23/2005 program with both Xcel Energy and Wright Hennepin Electric as outlined in alternative #1. D. SUPPORTING DATA: Copy of Policy. Copy of previous changes to the policy. Copy of Planning Commission Minutes. Copies of the different types of lighting, both existing and upgraded lighting. . . \ O~ , 3S . ." f5 ii:: ~ t i Si ,. ~ l:\ t " "i ~ ~ 5 .~ ~ c ~ :;< l< m ~ t )>mo~ Om 00'0;0 eX OO~O- ..;() 0..;"U(j) om (""l o;om:C 0' ~ )>-~..; Om ..;0 ::r: ;oZ ..-J 6 :jm ,m ~ Z <z -::0 mZ (j)G> m :c-< ..-j "1J ..; 0 z z ~ G> f;fl f;fl J~ ....>. N NO ....>. ....>. f.IIO ....>. (Jl - ...... N >S-~ CD w .-: l'I'j .-: N 0 ~=-Q. 0 0 8 ~ ....>. 0 o ~ == .... '" 0 g .... ~g'CI'l == i So Q. ~ 0 I::;j g, f;fl f;fl I::;j~=t:= ....>. ....>. ~rJQ I::;j- ...... Ol ~ ~ ~ .-: Ol N ~==~Q. co Co = >": ~ CD ...... (""l .-: == ~ CD co o ~ ~ .... a 0 1= ;. == 0 ...... a ::1l')Q..... ===, S-~'< rJQNN f.IIf.II CI'l ~So ;. ~ g ~ ....- f;fl {FJ Iod -9 t:= ....>. N 01;1"- ....>. N 'tl c: .-: Ol 9 -....Q. ....... W ~ == ~ (.J1 w == 0 ~ a co .... '" m 0 e 6';- CD a '" l') .... "e.=1::;j ~ Q. ~ I!""t'- ~. tD ==rJQ rJQ ~ == iIt ~ 82 CI'lCl'lCl'l t UI l'I'j..-j..-J..-j CD co (""l""lE:O 10 t.n ~Ot"'i..-j Co) 01:>- 0~>E: ....>. co :...a 0 ZE:..-j G) 0 CI'l .... t"'iO wZ ..-j""l ~ iIt oS< (""l CD ....>. ..-J~~o UI b '"-,a II~ ~CI'l ...... :-" UI wlod ..-j ....>. OCOIodt"'i1od ....>. N UI G) t"'Ol'<'J~ l'I'jt"'i CI'l~ . . rJ1 ~ ~ t'!'j ~ ~ i-"\ ~ ~ z ~~ g ~= 2 ~tr1 rJ1 ~O g n~ 0 00 ~ ~~~== ~~OO ~O~? 3:Z t'!'j i-"\~ < ~Q ~ ~t"'i 0 ~S ~ o ~ C') ~ ~ 2 e t'!'j ~ ~ o rJ1 ~E: O~ ~~ e t"'i ~ i-"\ o 2 RESOLUTION NO. 144 RESOLUTION ESTABLISHING STREET LIGHTING POLICY ~ WHER&~S, it is deemed necessary that a uniform policy for the placement of street lights in the city be established; and ~ WHEREAS, certain changes in the type of street lighting installation available to the city have occurred; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ST. CLOUD that the followinS shall constitute the policy for installation of street lights in the city of st. Cloud: 1. That a street light shall be installed at every intersection open for traffic within the city. ~1ENDMENT #1 - On any streets with a curb-to-curb width in excess of 52 feet, the Director of Public Works is hereby authorized to order the installation of two street liqhts at each intersection. The Director of public Works may order the installation of such street lights without the approval of the City Council. .. ~ 2. That 'uir1-hl()(;k !=:t-rp",t- J.~ghts si."1a.ll be installed in any block in which the centerline to centerline distance between cross streets is greater than 700 feet. In such instances, additional street 1.l.9'h+~ coh::a1' liP in~talled so that tnA rJit::r=art....u-.. 'hr.~"..,~O..... !!"t!)i8blt ~iqhts dap~ n~~ c~~~o~ 7nn fp~t AMENDt1EJ'.:T #2 - Mid-block street lights shall consist of single lights, unless lecated at mid-block pedestrian crosswalks. ~le Director of public Works may order the installation of such street lights without the approval of the city Council. 3. That additional street lights will be considered for individual approval by the city council upon receipt of a petition from the property owners in the affected area, or upon recommendation from the Chief of Police or from the Director of public works when such petition or recommendation demonstrates a specific warrant affecting the public welfare or sRfety. 4. That the type of street lights installed under the provisions of the above three paragraphs shall be as follows: (a) if the electrical distribution system within the area is overhead, the street light shall consist of a steel mast arm and lumina ire mounted on a conventional wood pole with overhead electrical service. too""'.;tr t4-.' S if the electri~al dist~ibution system within the area is underground, the street light shall consist of a steel mast arm and luminaire mounted on a laminated wood pole with undergro~~d electrical service. the size of luminaires to be installed shall be as follows: -on collector and arterial streets, at marked crosswalks--400 wa'tt -on collector and art,erial streets \>Jhere no marked crosswalks exist---250 watt -on local streets, at marked crosswalks---250 watt IoU ~ J4tlttun.y V/7J'/2. -on local streets, where no marked crosswalks exit---l75 watt 5. That any property owners wishing to have ornamental street lighting installed in their area may petition the city Council to install such ornamental l.ighting Any such petit.ion received will be considered as a petition for a public improvement projec't, will be processed in accordance with Minnesota statutes Annotated, Chapter 429, and the costs of installing such a system will be levied as special assessments to the benefitting property ~Nners. (c) (b) ~ Adopted this 5th day of_~l2ril , 1971. }o-J3\o Amend::d this 21st day of Ja,~ry ____' 1974. ~ . Council Agend~ - 10/10/89 11. Consideration of modification of street lighting policy to include lighting cul-de-sacs and/or dead end streets. (J.S.) A. REFERENCE AND BACKGROUND: A nUlooer of citizens have expressed interest in the city loodifying its lighting policy to include lighting of cul-de-sacs and/or dead end streets. There are currently 20 existing cul-de-sacs in the city of Monticello and three additional ones planned in the near future, for a total of 23. In addition, we have approxilnate1y 9 dead end or semi dead end streets in the cOlmnuni ty . ... . To light all of the cul-de-sacs and dead end streets in Monticello would require an additional 32 street lights. currently the city in most instances uses NSP installed lights ranging from 100 to 150 watts. The current cost for these lights are $160.80 per year for 100 watt, and $178.80 per year for 150 watts. These rental fees include the pole, fixture, wiring, installation and ongoing maintenance. In most instances NSP has power located close enough so that there would be no accessory charges for inaccessability to power. Consequently, to light the 23 cul-de-sacs with 150 watt high pressure sodiuln lights would cost $4,112.40 annually. To light the relnaining 9 dead end streets would cost $1,447.20 annually for a total of $5,559.60. In discussing the lighting of cul-de-sacs with Northern States Power they have indicated that cities such as Buffalo, Albertville, and St. Cloud currently light cul-de-sacs. When new subdivisions are installed the underground wire is put in each cul-de-sac for the installation of a light at a later date. Some cOlmnunities install the lights ilmnediate1y upon street construction, others wait until the property begins to develop. Typically, the lights are put in on a single unit basis and not as a residential lighting project wired separately to a single source point. Wiring the units together only clutters up the boulevard with additional wiring and only would be required if the city required developers to install lighting in new developments and pay for same. If this were done in the future there would be some savings realized, but they would have to be detennined on a case by case basis. . The city's past policy has been only to light intersections, Inid-block points and other areas affecting pUblic welfare or safety. We have not lighted cul-de-sacs, as they have been considered loore of a need from a security basis for private property. At this particular time I have no information as to' how lnany people actually living on cul-de-sacs or dead end streets would really want a light. The council l~y wish to consider ordering a survey of those areas prior to establishing a city wide policy, which may be more applicable than dealing with cul-de-sacs on an individual basis or on a petition basis. 1 1 /0.. I 37 . Council Age:ll~::l - 10/10/89 In the past we have advised all residents on cUl-de-sacs or other individuals requesting a special interest light to contact NSP for a private light or petition the City Council. Such petitions could be considered a petition for a public improvement and could be assessed in accordance with Minnesota statutes ennotated chapter 429, where deemed necessary by council. B. ALTERNATIVE AcrIONS: 1. Order a survey in the form of written letters to all individuals on cul-de-sacs or dead end streets in the city of Monticello to determine whether or not they want a street light. 2. Council alnend it's existing policy to include lighting cul-de-sacs only with 150 watt sodium lights at an annual expected cost of $4,112.40. 3. Light all cul-de-sacs and dead end streets utilizing 150 watt high pressure sodium on the cul-de-sacs and 100 watt high pressure sodium on the dead end streets because of the narrower width on the street at an estilMted annual cost of $5,559.60. . 4. ~nend the city's policy to light cul-de-sacs and dead end streets, but only by petition of the IMjority of the property owners within benefiting distance of the light, thereby eliminating the need for the survey to amend the policy. C. STAFF RECOMMENDATIONS: Since the lighting of cul-de-sacs is generally not an overwhelming need to the general pUblic welfare or safety of the cOlmnunity at large, it is Inore of a decision of the council rather than the public works departl~nt. It does appear, however, that other cities have seen the light and are involved in lighting of cul-de-sacs and therefore, it Inay be appropriate for the city of Monticello to do so also . ,.. D. SUPPORTING DATA: Existing cul-de-sacs. . 1. Balboa Circle 2. Marvin Elwood Rd. Circle 3. Hillcrest Circle 4. Matthew Circle 5. Oakview Circle 6. Craig Lane 7. Kenneth Lane B. Riverside Circle 9. Kampa Circle 10. Bunker Circle 11. Center Circle 12. Sandtrap Circle 13. Eagle Circle 14. White Oak Circle 15. Acorn Circle 16. Red Oak Circle 17. Meadow Oak Circle lB. Thomas Circle 19. Dundas Circle 20. Wright Circle 12 /0-138' . Council Agenda - 10/10/89 Planned Circles. 21. Crocus Circle 22. Nicholas Circle 23. 1 cul-de-sac in the new Evergreens plat. Permanent dead end streets 24. Oak Lane 25. Minnesota St. @ railroad 26. Minnesota St. @ 1-94 27. Elm St. @ 1-94 28. Fallon @ 1-94 29. Vine St. @ railroad Semi-dead end streets with through access. 30. Lynn St. @ 6th St. 31. Maple St. @ 7th St. 32. Territorial Rd. @ railroad. . In addition to the above there are several streets in the cOlmnunity which temporarily dead end. On a temporary basis one does not really know how long they will be t~nporary, such as the roads that end up in Meadow Oak or other eXisting plats. They are as follows: 1. 7th ST. or Lauring Lane at the Malone property 2. Meadow Oak Ave 3 . Meadow Oak Lane 1 4. Meadow Oak Lane 2 5 . Red Oak Lane 6 . Meadow Lane 7. Oakview Lane 8. Meadow Oak Drive .. . 13 ) 0 -/3q . I . . Mi N uT~S Council Minutes - 10/10/89 to warn citizens of the dangers. It was also recolmnended that the City could clean the trail systeln within the park leading to the rink but recolmnended that the City should not get involved in cleaning all of the trails within the park system. From a strictly liability standpoint, it was recOlmnended by the staff tha t the Council may want to consider a skating rink within an area of the park not associated with the pond. After further review, motion was made by Fran Fair, seconded by Warren Smith, to authorize the installation of the lighting system as proposed and to authorize the skating rink to be constructed on the pond and directed the staff to clean the pathway leading to the pond when necessary or whenever the residents were unable to remove the snow thel~elves. Voting in favor: Fran Fair, Warren &nith, Ken Maus, Dan Blonigen. Opposed: Shirley Anderson, due to the concerns over liability. Staff was also instructed to obtain additional quotes and to negotiate the best price possible for this installation. -::> 11. Consideration of modification to street lighting policy to include lighting cul-de-sacs and/or dead-end streets. Recently, the City received a petition froln residents along a cul-de-sac requesting the installation of street lights at the end of cul-de-sacs. The City's current policy allows for the installation of street lights at intersections and at distances of approxilMtely 700 feet apart. In reVieWing all of the cul-de-sacs and dead-end streets in Monticello, the Public Works Director noted that an additional 32 street lights would be necessary if all of these locations were lit. The annual cost of operating all of these lights would amount to approximately $160 per year. If the City only installed lights on the 23 cul-de-sacs, the annual cost would be $4,112.40. Mr. Simola noted that the present policy of lighting intersections, Inid-block points, and other areas for safety was established a number of years ago before the City had many cul-de-sacs. He suggested that a survey of cul-de-sac residents be done to see if there+is a lot of interest in these areas receiving street lights. The Mayor agreed the survey would be appropriate, and it was the Council consensus that some cul-de-sacs lnay be long enough to require the policy to be changed. The Public Works Director also recolrnnended that if the policy were to be alrended, it could be done allowing for the installation of street lights within cul-de-sacs by petition only at this time. In light of the minimal cost that would be involved, Inotion was 1M de by Fran Fair, seconded by Warren Slnith, authorizing the installation of street lights within cul-de-sacs petitioned by 51% of the property owners along a partiCUlar area in question. Voting in favor: Fran Fair, Warren Smith, Ken Maus. Opposed: Dan 810nigen and Shirley Anderson. 5 ) 0 _ ,y 0 ./ . . (0 ~:'-.:.,.,_',;r ---Jto . Council Minutes - 6/14/99 agenda for further discussion. A. Consideration to adopt a resolution indicatin?: approval of a modified Redevelopment Plan for Central Monticello Redevelopment Proiect No. 1 and a modified TIF Plan for TIF District No. 1-22. Recommendation: Adopt the resolution indicating approval of a modified Redevelopment Plan for Central Monticello Redevelopment Project No.1 and a modified TIF Plan for TIF District No. 1-22. SEE RESOLUTION 99-27 B. Consideration of a resolution approving Tax Increment Pledg:e Agreement between the City and HM. Recommendation: Adopt a resolution approving Tax Increment Pledge Agreement by and between the City of Monticello, Minnesota and the Monticello Housing and Redevelopment Authority. SEE RESOLUTION 99-28. C. Consideration of authorization to proceed with acquisition of walkway easement through Lots 10& 1 L Block 35 (Broadway to City Parking Lots). Recommendation: Authorize city staff to enter into negotiations for acquisition of a strip of land for the purpose of creating a walkway. Parcel description: West 17ft. of Lot 10 and East 26 ft. ofLot 11, Block 35, Original Plat. E. Consideration of requiring developers to finance up front street lighting construction costs for develo?ments. Recommendation: Amend current policy and have the developers up front the cost of street lighting effective July 1, 1999. F. Review revised plans for booster station proiect and advertisement for bids Proiect 98-24C. Recommendation: Approve redesign of the building as outlined below and to authorize advertising for bids based upon that design. Building: 1. The exterior steel siding which was originally placed over the concrete block has been deleted and block has been changed from rock face to burnished block. 2. The size of the overhead door has been reduced and changed from an aluminum panel door to a flush steel door. The exterior service doors have also been changed from panel type to flush steel doors. 3. The building has been dropped an additional foot in height and the elevated glass block windows have been deleted as an option. 4. The building indentation in the pump service room has been removed in favor of a straight wall. 5. The amount of lighting in the building has been reduced. 6. The amount of floor drains and interconnecting piping has been reduced. Pumps and Controls 1. The pump and piping package were originally to be assembled in the field. They will now come on a factory built skid as a complete unit. The phase II pump and 2 )o-/lJI Planning Commission Minutes 05/03/05 . Frie asked if there are covenants in the GMHF developments. Klapp indicated that there would be, that they were requested as market rate buyers wanted in to the development. Grittman stated that the next step was for the sketch to be presented to the Council. After their reaction, GMHF could choose to make a formal application. 14. Consideration to review for recommendation a street lighting policy. John Simola presented the original street lighting policy, which was passed in 1971 and modified in 1974 and 1989. Simola stated that he would like to see the policy modified to adjust the spacing and fixture styles. Simola summarized that all intersections, curves in the road, changes in grade and any other safety areas are lit. Beyond that, spacing in residential areas is a straight 700'. Simola noted that currently, developers have to up front the cost of the wire, pole and fixture. Simola stated that he is seeking to update the policy to include a 350' spacing and switch fixture types, which he is researching. Simola stated that staff is seeking Commission's direction on this due to the new development angle. Simola stated that this policy would provide more uniform and better lighting in new residential areas. At some point, it would go back to Council for approval to retrofit other neighborhoods. . Simola asked the Commission for motion to amend. On Council on the 23dd. If Council approves, move forward. . Posusta asked about light pollution. John said the idea is to light only the street; all fixtures are now cut off lighting with no glare. MOTION BY COMMISSIONER? TO RECOMMEND THAT THE REQUESTED CHANGES ARE MADE TO THE STREET LIGHTING POLICY. MOTION SECONDED BY COMMISSIONER? MOTION CARRIED. 15. Adjourn. MOTION TO ADJOURN BY COMMISSIONER? MOTION SECONDED BY COMMISSIONER? MOTION CARRIED. . 16 )O~141- ~ lO-"-ll.../Lf Luminaire Types: Holophane "Semi Cutoff" Post Top Source: High Pressure Sodium Wattage: 1 00 watt Spacing: Staggered, 250' Mounting fleight: 12' Please note that the illumi- nance values shown in the represent the actual published photometry for the luminaire, The use of a "Semi Cutoff" post top luminaire is quite common in residential 5 applications. From the sim- " ulation, one can conclude ,;'the following: "1:1 Light trespass is mini. mized by the use of an engi- neered optical assembly. There is actually a "house " side" and a "street side" to P, effectively utilize the given 'Flight source, ':'1:1 Veiling luminance ;1 ("glare") is minimal. The ': reduction of luminaire inten- sity at the critical angles can reduce discomfort and increase visibility. In addi- tion to luminaire type, mounting height and wattage can have an impact on con- trolling "glare". );I Illuminance values are :,:unifurm along the street and ;:sidewalk. This improved uni- ':formity may contribute to better visibility, increased safety, and improved visual comfort. . . . BASIC from EXCEL ENERGY 10- {I../.S Traditional Old Favorite The '/radilionalluminaire sland,s the lesl of timt. with ilS visual comfort and lradition,./ appeallhat has eSlablished it ..., an old f:.vorile. o ~~~' 1971 G.lleway Bu"lward.Arden Hill,. MN ),112. www4.xcde""'lIY_wm/ODL. 1-800--%0-6235 .a:14.H'll x,d IlK STEP UP from EXCEL ENERGY . Colonial Fashionable Standard l'h~ Coloni,d luminaire presenl.s an old fashion charm wirh rhe degance of colonial sryling while providing high visibiliry illuminarion 'lIld reducriun in glare Ill'- safery and ,"curily in your rcsidel1lial arca. . (! ~E~V- 1'171 Cal,""ay Boul",,,,d, Arden Hills, MN ~~112. W\Sw4,x,-d,'nc'gF..mIODI.. l-IIOO-<J60.6235 . 'It?i.lOI Xu:1 .,II'~l~f 11'1\ .1 ~ .' (<"'~. 'e. )0--[40 I:::i 0 = r:1' - ~ . - == ~ .... ~ ~ = = ~ = I1Q ~ ~ ~ "0 0 .... =. e = d = ~ = ~ '" ., .... -- .... n - I1Q ~ 0 =- n ~ 0 ;. == ~ ~ = Q. = Ro 0 = = .g ~ ~ 5' 0 ~ = Q. I = = == ~ ., 0 ~ 00 - t'" ~ 0 ., "0 .... ~ =- ~ ~ - ~ - - ~ -- - ~ 0 n = t'" - ~ toW Q. !.II .... 0 = -n ~ I < - ~ 0 ., n ~ = . - ~ ., Q. ~ '" 0 l:t = 00 ~ = = < '" ~ ~ ., - ~ "'Cl 0 0 ., = ~ Q. '" '" ~ - I:::i ., ~ ~ '" - 0 .... C':l .... - - = ., Q. - - o I ..- ;: -~ W' . RSL-350@Series Luminaire Residential Lighting Post Top Maximum weight - 52 1bs Maximum effective projected area - 1.3 sq. ft. 1B-112'DIA ---'- ~~=-==--= ---- L--~ ~ --'-- -c=.c-=cc-=- -='---='---='- =-c=c' DECORATIVE FINIAL - PRISMATIC REFRACTOR 27-1/4" NOMINAL HICIGHT -------- --~ BALLAST HOUSING WIRING ACCESS COVER TENON FITTER DESIGNED FOR 3" DIA. BY 3' TALL TENON --~ '3 Q----- ~ - SET SCREWS ORDERING--1NEQRMA TION. 050HP 12 B G3 . EXAMPLE: RP RP _.S----- -.- -1-r-_-.-J _--=r_ L=--:l_ BALLAST TYPE (MOGUL BASIC) VOLTAGE COLOR OPTICS 050HP' 50W HPS 12" 120 VOLT B ~ BLACK G3 ~ ASYMMETRIC GLASS REFRACTOR 070HP" 70W HPS 20. 20B VOLT Z ~ BRONZE P3. ASYMMETRIC POL YCARBONATE 100HP ~ 100W HPS 24 ~ 240 VOLT N ~ GREEN RICFRACTOR (NOT AVAIL. WI250MV) 15AHP ~ 150W 55V HPS 27 ~ 277 VOLT A ~ AS SPEC. P5. SYMMETRIC POL YCARBONATE 175MH. 175W MH 48 ~ 460 VOLT REFRACTOR (NOT AVAIL. WI250MV) 100MV ~ 100W MV MT ~ MUL TITAP A3 ~ ASYMMlOTRIC ACRYLIC RICFRACTOR 175MV = 175W MV (120.208, (NOT AVAIL. WI250MV) 250MV _ 250W MV (ONLY 240, 277 A5 ~ SYMMETRIC ACRYLIC REFRACTOR AVAIL. WITH G3) VOLT) (NOT AVAIL. WI250MV) BALLAST TYPE (MEDIUM BASE) 350HP - 35W HPS (120V ONLY) 50DHP . 50W HPS 70DHP ~ 70W HPS 10DHP ~ 100W HPS 15DHP - 150W 55V HPS 70DMH ~ 70W MH (MT ONLY) 10DMH ~ 100WMH (MTONLY) 17DMH ~ H5W MH OPTIONS C _ IICS CUTOFF PS _ PROTECTED STARTER FOR HPS UNITS ONLY R. PHOTOCONTROL RICCEPTACLE (NOT AVAIL. WITH MT) ACCESSORIES LAMP" SHIP APPROPRIATE LAMP AS LINE ITEM. SEE LAMP SHElOT F1 _ SINGLE FUSING FOR 120, 240, 277 VOLT (FIELD INSTALLED, NOT UL LISTED) F2 _ DOUBLE FUSING FOR 208. 240, 480 VOLT (FIELD INSTALLED, NOT UL LISTED) RPSCX ~ DECORATIVE CAST SCROLL (SHIPPED SEPARATE), DESIGNATE COLOR "6', 'z". OR 'N" RPFGX. DECORATIVE FILLlGREE (SHIPPED SEPARATE), DESIGNATE COLOR "B", "Z", OR "N" RPCPX " DECORATIVE CUPOLA, FOR USE WITH R OPTION (SHIPPlOO SEPARATE). DICSIGNA TIC COLOR "B", "Z", OR "N' RPDTLPR12X _ 120 VOLT PHOTOCONTROL KIT (FIELD INSTALLED IN ACCESS COVER, NOT UL LISTED)DESIGNATE COLOR "B", "Z", OR "N" RPDTLPRX "20B, 240, 277 VOLT PHOTOCONTROL KIT (FIELD INSTALLED IN ACCESS COVER, NOT UL L1STlOO) SD-90-XX . INTERNAL LIGHT SHIELD, xx - 90, 120, OR 160 DEGREES OF HOUSE SIDE CUT-OFF _,_ _"_. _.'_ - _.'__'_ ._. - --.-"'_'_'''_0'-.'--''--'-''-'--.'-'- ARCHITECTURAL OUTDOOR ORDER #: Specifications GENERAL DESCRIPTION This attractive post top luminaire is designed to compliment contemporary or traditional residential architecture, and utilizes a precision optical system to maximize post spacings while maintaining uniform illumination, OPTICAL SYSTEM The optical system consists of a precisely molded prismatic refractor used in conjunction with a highly diffuse, optically designed metal reflector located inside the top cover. Gaskets located above and belOW the refractor create a sealed optical compartment. Refractors designed to provide an I.E.S. Type III distribution are available, molded from thermal resistant borosilicate glass, acrylic or polycarbonate plastic. Refractors for I.E,S. Type V distribution are available in acrylic and polycarbonate only, The vertical burning HID lamp maximizes utilization, uniformity and luminaire spacing. An IES cutoff option is available, LUMINAIRE HOUSING The Iuminaire housing, die cast of aluminum, houses the electrical components and supports four vertical mullions that cradle the refractor. The housing is designed to mount on a 3 inch 0.0, post tenon by three stainless steel cone point set screws with nyloc patch, and contains a 1-1/2 inch by 3 inch wiring access door. TOP COVER The spun aluminum decorative cover mounts over the Iuminaire's four vertical mullions. Two of the mullions at 180 degrees to each other, have studs which run through the cover. The cover is secured to the studs with two locknuts. ELECTRICAL ASSEMBLY The electrical assembly consists of an easily removable galvanized steel plate which holds both the ballast components and a nickel plated lamp grip socket positioned by a socket strap at the correct light center position of the refractor. BALLAST (Refer to Ballast Data Sheet for specific operating characteristics) 120 volt High Pressure Sodium (HPS) ballasts are High power Factor Reactor type, All other HPS ballasts are High power Factor Autotransformer type, 175 watt Metal Halide (MH) ballasts are Peak Lead Autotransformer type, All Mercury Vapor (MV) ballasts are High Power Factor Constant Wattage Autotransformer (CWA) type, FINISH All exposed metal parts are finished with a polyester powder paint applied after a seven stage pretreatment process to insure maximum durability, UL LISTING The luminaire is UL listed as suitable for wet locations at a 25 degree C ambient temperature, INSTALLATION Refer to the instruction manual provided with each luminaire as to the specific method of wiring and mounting the luminaire, - -. -'-. - .-."- ~,-- .- .-. .-. -.-..-.-."-. TYPE: DRAWING NO: US-1072 . THIS DRAWING, WHgN APPROVED, SHALL BECOME THE COMPLHE SPECIFICATION FOR THE MATICRIAl TO BE FURNISHED BY HOLOPHANE ON THg ORDER NOTED ABOVg. A UNIT OF SIMilAR DESIGN MAY BIC SUPPliED, BUT ONLY AFTER APPROVAL BY THIC CUSTOMER IN WRITING. ON POLE ORDICRS AN ANCHOR BOlT TEMPlATE PRINT WILL BIC SUPPugD WITH EACH ANCHOR BOlT ORDER TO MATCH THE POlE PROVIDICO. THIS PRINT IS THIC PROPERTY OF HOLOPHANE AND IS lOANEO SUBJECT TO RHURN UPON DEMAND AND UPON EXPRICSS CONDITION THAT IT WilL NOT BE USEO DIRECTLY OR INDIRECTLY IN ANY WAY DETRIMENTAl TO OUR INTRESTS. AND ONLY IN CONNECTION WITH MATERIAL FURNISHED BY HOLOPHANE. ~ HOLOPHJfNE LEADER IN LlGI-fl"lNG SOLunONS Holophane 214 OAKWooO A VENUE - NEWARK, OHIO 43055 SCALE: N/A DRAWN: RAF APP'D: DATE: 12~12-00 ;0- (l{ g- .-" ~/~ . ORDERING NUMBER LOGIC . . IIW: n _ '", . . j".~ TOWN AND COUNTRyTM LUMINAIRE APPLICATIONS . Residential areas and walkways . Shopping centers and malls SPECIFICATION FEATURES .@k@1598 Listed Suitable For Wet Locations . UL listed to Canadian National Standards and Codes when polycarbonate refractor is used and "U" option is chosen . Standard construction is IP54 -Die-cast aluminum housing . Hinged canopy . Stainless steel catch to avoid hinge breakage 'Acrylic or polycarbonate refractors . Integral ballast . Mogul base socket - E39 standard (nOC vertical; T10R horizontal- 150) . Plug-in ignitor . No-tool PE receptacle . Optional pendant mount (Contact factory) 1 ~ 1 2 m 20ll ~_240 4~277 Sm48D 7 . 1211X240 8 _ 240V B.n..t l20V PE R.c.p- II.... NIlI recaR- no"",blo D~347 F '" 120X347 SS8. Shari SomH:utoff Typo Y MS2~ MHium Somi-cUl1lll Typal! J ~ Uno SIIIlIO Prallctar, EKpul.ion Typ. (NIlI.v.il.bl. for UL lJatod unital L ~ Latch C.nopy T ~ T....in.1 Bo.n1 U. @'.@USIod and CSA C.rIifi.d (Av.ilabl. with p.lycarb"n.1I rof.. ctar only I NOTE:r.rminel B..nIIT option) Required for UL Liatlng NOTE: Duol v.llag. conn.cted for low.r v.llag. MSS. MHium S.mi-cutoff TypoY GE Lighting Systems, Inc. www.golightingsystoms.com IO~ l'-i~ :... 00 00 :JJ e tn (f) 0 en e "< r- r III ~ 3 c:: n <;.;I .. I:T i: 01 '[ 2- 0 Z P 00 00 Q "' c en "' :;! r- )> -f > III I:T $ 0 !!. en m c 0 c <:> 0 en c., c., -< 0 .... ::z:: 0 i'o tn :0 0 m 0 '3 "'tl a C z:'" :0.. <:> 0 + III c., "' I:T 0 Q c:: 0 !II 0 2- :r: 10 r- n 0' "'tl .. Z m ii' 0 c: 0 ... ='0 , ... x 3 . III. c::> Q X I:T /I :J I\) in '" 1 G) 0 ... CD <;.;I .. "! :a :0 e en en :: r"'" + + r- wP 0 0 c<. n UI- :0.. c., 01 ~ 0 ". . '~.- 0 5' ;;:r + :c.. :!: P 0 Q+ = c., c., <:> S' ~. 0+ + iI> Q P iI> r- p 0 III :!: 0 .g S' 5' :E 0 :: :: :: p r- ~ :D :r: I "'tl at .... en GE TOWN & COUN~t T1 0- ~ t- o ::z: 5' Scale: "1 inch= 20 Ft. n "II !!. (II n 0 ~ c: ::I iii .... (;j .,., =: UI f'> f 0 ~ f ;;:r 3 .p,. ;;; ~ 0 ~ r:n ... a: c: a ;;:r r- 5' <D c: 10 UI 3 ::I" 0 CD CD 0 ;;:r if III =: 0 r- en r- "'11 .... ~ I\,) Ul il e >w ;:e we iil C/)Ill w III ;: 1 OOw Holophane RSL350 ~ -10. :i z- :.ii a- S' 00 al 010 0 CQ rri ~ ::Iii - r:n'" z 0 0 ~ c.u ? U1 ~. so 10- 150 . Council Meeting -05/23/2005 11. Consideration of Proposals for Street Liehtine on School Boulevard and Deeean Avenue. (1.S.) A. REFERENCE AND BACKGROUND: This street lighting project is broken into three sections. The first section is that section of School Boulevard east of Highway 25 to Edmonson Avenue (old County Road 117). The second section is that portion of School Boulevard west of Highway 25 between Deegan and Highway 25 and Deegan Avenue including Deegan Court. The third section is that portion of School Boulevard west of Deegan Avenue to, but not including, the Poplar Hills plat (Insignia). The fixtures and poles used on these three sections will be the same used on the Cedar Street project, which is the King Double Luminairs, one mounted high for the street side, one mounted low for the sidewalk or pathway side and placed on Millerbrind poles. . Staff has been working on these projects for quite some time. Originally planned as an Excel Energy Project, the Deegan Project was delayed due to the on again off again Group 5 Ornamental Outdoor Lighting Division of Excel Energy. We will now, however, be getting a proposal from Excel Energy and also from Wright Hennepin Electric. The proposals are not yet complete at this time. It is my understanding that I will have the layouts and pricing from both power companies on Monday, May 23,2005, in time to be delivered at the meeting. The costs of this lighting is assessed to benefitting property owners similar to the way the Cedar Street lighting project was handled. Estimated assessed costs have been based upon the cost of the Cedar Street project, with some increases due to projected cost increases. There is approximately 7,500 feet of assessable front footage. Enclosed with your agenda packet is a detail of the lighting and the poles to be used in the project and a copy of the overall base map showing the three phases of the project. The first phase to be concentrated on is School Boulevard east of Highway 25 to Edmonson as Wal-Mart is expected to open within the next couple of months. Work will also progress on Deegan Avenue and Deegan Court at about the same time. The third phase School Boulevard west of Deegan Avenue will go in after the street is in and boulevards are graded this fall. B. ALTERNATIVE ACTIONS: ~~ ] The first alternative would be to review both proposals. The one from Excel Energy and the one from Wright Hennepin Electric and authorize City staff to enter in to an agreement with the power company providing the least costly complete proposal. These proposals include 25 years of maintenance on the systems. 2. The second alternative would be to not enter in to an agreement with either one of the power companies but to have a consulting firm prepare design plans and specifications and bid the lighting project to area electrical contractors to be owned and maintained by the City. . 3. The third alternative would be to not do ornamental lighting on these portions of School Boulevard and Deegan Avenue. Il-lSf . . . Council Meeting -05/23/2005 D. ST AFF RECOMMENDATION: It is the recommendation of the City Administrator and Public Works Director that the City Council move forward with these projects based upon the lowest complete proposal as outlined in alternative number 1. The proposals will be delivered prior to Monday evenings meeting along with the cost per lineal foot and the anticipated assessment cost for those properties not yet assessed for the lighting systems. E. SUPPORTING DATA: Copy of area map showing the three phases of the project, a copy of the shop drawings and the lighting system. Il-\5J. ----------- ---------I I \ ----r--------- ------------- \ - \ ~r.:> - 8 o (/),e> VI c:, - ~,.. 21 t ) (j r ~~ LA - ~l :/'" ~ 0'..... \ (\) cfC)' ~ fP' V it'! ~ rT ~ ~tj' y ~,t '0 '6!, O"..a" C:.. \ ~~ g:; " i j ~ ~ \ ,f' $ .,} $ ,f .:- f f \ i\ \ \ i \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ " ~ lP I ~... ,,' ~~.", ,,-t- ",\~ " ~ . EiJ>.<U"SOIl A\iE"UE ~~ ~~ .. ..., i I i Qf // r,;.;'" / . . . OOO-S-6' ARM '\ C/W DECORATIVE SCROLL WEIGHT: 15 LBS E.P A.: 1.30 SQ.FT PAINT: T.BA ~6'D" (2) 5/8"-11 THRU BOLTS (APPROX.) (L.!Nlmf TO BE DETERMINED) ~ ~ T 30' 0" K2Dl RADIAN LUIolINAlRE WEIGHT: 19 LBS E.P A: 1.45 SQ.FT PAINT: T.B.A. 16' L.C. (APPROX.) K2D5 MARQUIS LUMINAlRE WEIGHT: 18 LBS E.P A: 1.42 SQ.FT PAINT: T.BA 3/8"-16 HEX HEAD BOLT x 1 1/2" LONG (NEEDS 3/6"-16 UNC TAPPED HOLE THRU AT LEAST 1/2" THK. MATERIAL) -12"1- IT 12" L ~ 4" -j KMQ-S-I-3' SCROLL ARM c/W DECORATIVE SCROLL WEIGHT: 11 LBS E.P A: 1.1 0 5O.FT PAINT: T.BA (2) 5/8"-11 THRU eOLTS (LtNG'rH TO BE DETERMINED) 3/8"-16 HEX HEAD BOLT x 1 1/2" LONG (NEEDS 3/8"-16 UNC TAPPED HOLE THRU AT LEAST 1/2" THK. MATERIAL) OCTAGONAL POLE BY OTHERS GRADE ......- ~~LE ARM SPECIF'lCATIDNS CATALOGUE NO.' KA30-S-1-6' 9" QUANTITY' MATERIAL' ......- (2) 3/4" . PAINT' j l/Z"L SLOTS ARM SPF"CInCATIONS CATALOGUE NO" KMO-S-1-3' QUANTITY' MA TERIAlI PAINT' ARM MOUNTING BRACKEr AL TERA T10N BY I UMINAIRf SPEclnCATIDNS CATALOGUE NO.' K20S-EGP- III -xxx(xxx) -xxx-xxx-KPL20 QUANTITY, GLOBE MAT'L, GLASS IES CLASSIFIC., TYPE III 'JATTAGEI T.B.A. LIGHT SOURCE' T.B.A. LINE VOLTAGE' T.B.A. PAINT' T,B,A. OPTIONS' KPL20 LEVELING DEVICE /!11m LAMP BY OTHERS I UMINAIRf SPEctnCATIDNS CATALOGUE NO.' K201-EGP-III-xxx(xxx) -xxx-xxx-KPLlO QUANTITY, GLOBE MAT'lI GLASS IES CLASSIFIC.' TYPE III 'JATTAGE, T.B.A. LIGHT SOURCE' T.B.A. LINE VOLTAGE' T.BA. PAINT' T.B.A. OPTIONS, KPLIO LEVELING DEVICE ~ LAMP BY OTHERS ALUMINUM T.B.A. ALUMINUM T.B.A. , - - --Crh','1 Z ~- OIRECOON W- DIRECTION I POLE BY otHERS TOP VIEW' ~ DRAv.1NG NAIlE: CONCEPT D"'G PROJECT/CUSTOMER: ~ ~ (5 a:: KING LUMINAIRE _1lIC. 140 ~ UNE, P.o. BOll 7. P.o. BOll 2. _. OHIO IlURl.NlI1lN. ONTMIO, _ L7R _ 11M $fATE ROUTE 4$ U.&A. 44047 ~) /) /;" I(:j:,? L C0/))S~ DWG NUMBER 206A2203-7 REV. XCEL MONTICELLO \DWGS\2D6A22D3 l(- lS~ J 1- t s::;, Jntegrity of FOnTI. Flawless Function;. The 200 Series from King Luminaire Never before have so many designs been offered with such minimal maintenance requirements. Each one of the 200 series offers a specific and different appearance, yet each provides unmatched photometric performance while utilizing reflec- tors, rotolok ballast assemblies and refractors common to all, thus minimizing inventory needs. From roadway lighting to parking lots, .alkways, waterfronts and recreational areas, one of the exceptional luminaires from the 200 series can fill your needs. rlJ;. "'1'9~ K201 The Radian i i J \ .. ... . K202 The Argosy ,:', _-:A... . K203 The Falconridge .,-<" :P') /jir:A<( /(~ ?7/tv . I ( (//1 IIIiImnn.II;llaI..lll!laull.~'Jnl'lln.II:aII.R1D.IIIIIIIIIIIII"III.-nIIII!IIIIII""11IIIDlllllllllnwunc_ IIliIIliRIil.UlI.lllJIRHII.lw..IUII.llMIl...IRI..'UlIllli1n....IIIIRI.~ ~, -.-".--..... i I i: :}'":;"'-'-~_ _" <_ City Council Agenda - OS/23/05 . 13. Consideration of a request for an amendment to a Planned Unit Development for Sunset Ponds. Applicant: MW Johnson. (NAC) A. Reference and Backaround. MW Johnson is seeking approval of an amendment to their PUD to allow for a change to in the unit styles in the R-2A section of the project. R-2A is the zoning district that rovides for small-lot single family detached homes, an alternative to attached townhouses. The original project plans provided for a series of "side-loaded" garages, several of which would create shared driveways between units. The applicant is seeking changes to accomplish two objectives. One is to avoid changes to the locations of small utility installations that may interfere with the driveway designs. The second, and more significant, reason is to eliminate the shared driveways. The applicant believes that the shared driveways will result in problems between neighbors, and the Planning Commission agreed, recommending approval of the amendment with conditions related to adherence to the R-2A zoning regulations. . To ensure adherence to the R-2A regulations, the applicant is proposed to introduce three additional building plans into the options available to buyers in the R-2A area. Each of these building plans would have a forward facing garage, but would be tucked into the building envelope to meet the maximum 5-foot garage forward limitation. These plans would be added to the buildings already available, including the side-loaded designs which constitute 23 of the 49 R-2A lots in the project. The developer and staff have considered requiring that at least half of the remaining 26 lots be developed with the new designs. Each of the three new buildings are two-story floor plans with a total of more than 2,000 square feet of floor area. The applicants have indicated that homes in this portion of the project are selling in the range of $250,000 and up. In addition to improved building architecture, the applicant would be required to adhere to all of the other aspects of the R-2A zoning regulations, including the following: . · No garage door area may comprise more than 50% of the width of the building, except when located at least 10 feet behind the front line of the building. · All structures must have a front fa<;ade of 20% brick or stone (10% if stucco or real wood comprises at least 70%) · Garages must be no less than 450 square feet in floor area. · Buildings must be no less than 1,200 square feet in qualified finished floor area. · Roof pitch must be no less than 5/12. · No less than 60% of the front yard space must be landscaped garden area, not just lawn or unplanted mulch. · Landscaping shall include, at a minimum one tree per 1,500 square feet of lot area, and 1 shrub per 150 square feet of lot area. The applicants had expressed some concern with the garage and landscaping requirements, and may consioer requesting a reduction in these standards. However, J3-lSl . . . City Council Agenda - OS/23/05 staff has suggested that the purpose of the R-2A District was to accommodate detached single family homes on lots that are just 2/3 the size of a standard R-1 lot, with the trade- off that enhanced standards for site and building design are applied to the basic zoning requirements, rather than attempt to negotiate a modified design (with uncertain outcomes) through a PUD. As a result, reducing the R-2A regulations would result in houses on small lots, but without the comparative benefits of improved site design. B. Alternative Actions. Decision 1: Amended Planned Unit Development for Sunset Ponds. 1. Motion to recommend approval of the amendment to the PUD, based on a finding that the enhanced architectural designs and compliance with other R-2A regulations justify the PUD amendment. 2. Motion to recommend denial of the amendment, based on a finding that the original approvals are superior to the proposed amendment. C. Staff Recommendation. Staff recommends approval of the PUD. The changes requested by the applicant, including removal of the shared driveways and enhancement of building architecture, should result in an improved project over that which was originally approved. D. Supporting Data 1. Revised Site Plan 2. Supplemental Building Plans 13 - I S8 ~" / I \ ( l @)=-- , "6 \1 ;:!- ;- Slr "~I,:~",,'::'1'1.r..,;..:...' -..--fjllr..)if ~ '-e, 8i , 1\!l~. · . ".i ." t> _. .= "'" .....c~ \. '-----:-::::~-:_::c:-:--':~_- __._:::--~____ __ _ _ _~.. - - -- - --~~~-~~: --- :-- -:::::-C:-::-:-:--==.:-_ . __ ,. _ _ _ - - ---- ~/ . ' . ' . , , "'00","""" "'.. ,,- -- ------" r-------" :~\. 111111 ,\ , ~ \ - \'\\ . I'i. .1, ._ ii' ,n <, ::. 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"' ~ ~ '" '" '" % ~ rn,MW JOHNSON "O"","'CJIO"."" ~~;::n,.'"''''''''.;:;;;;VlLLE'~'''' (952'1892-5200 WWW.IDW;ohJuC>Jl..~rl\ Fa.x (952) s'r.2.,S5l f ioal Blueprint -.-l -----! ,,\1 cwn'1M aRer ~e date will be done ;l(:un:l1r<1 \0 MW Joh;~'~Ch..n<1e OrderPdlC4 ........ vv I ""- ~ -.J mrt! ;..,,,,,.. 9/04 ~~5OR a , f 3 _I log I I f3-1"'<? - :z" -- I 3_ JtO I I /3- 1)1 14. Consideration to review for comment a sketch plan for a detached townhome development in an PZM (Performance Zone- Mixed) District. Applicant: Greater MN Housinl! Fund (JO/AS) A. REFERENCE AND BACKGROUND The Greater Minnesota I-lousing Fund is asking the City Council to review and commcnt on a sketch plat for a proposed project on the property known as the "Remmish" parcel, located at 6th Street and Elm Street. The property is located in a PZM District, which allows for medium density residential housing. The project is proposed to consist of 27 units laid out in a traditional neighborhood design over approximately 6 acres. GMHF has indicated that the homes will be a combination of affordable and market rate single family homes. The developer has also indicated that they are working with other landowners in the 6th and Elm vicinity (including the Ruffproperty) to create a comprehensive development plan for the area. This plan would potentially include a shared regional storm water pond. On May 3n.l, Greater Minnesota Housing Fund gave a brief presentation to the Planning Commission and presented their sketch plan for review. GMHF received generally favorable feedback on the project from the Commission. Draft minutes from the Planning Commission meeting on this item are included. B. ALTERNATIVE ACTIONS No formal action is required of the City Council. At this time, GMJlF is only asking that Council provide comments and feedback that will help the applicant determine a future course of action. C. SUPPORTING DATA Exhibit A: Exhibit B: Exhibit C: Property Location Map Sketch Plan Planning Commission Draft Minutes .... ,.,. i f\.~-tld. I /") C \ \ \ \ "._ L ) / ,I _,_~~ C/'"'.- f Of o v t~ ~I ~."'. -- 1:/4 o MILE I 1/2 MI LE KJELL8ERG'S M08ILE.!j' HlJM.C PARi( (~ES II / - / I 'i " 1'-'.. ." '\JELLBERG'g MOBIL' HOME PARI: (EAST! ./ ~~-~ .." .n._".'"__. e "e c:;l c r 0 z C'l c:;l 3 rn :;:0 Z rn G1 :s: . ::I: c:;l 0 0 ;l ,.,. ~ ;:;' !L 0 9' 0 :s: 0 z VI -.:.''--. ~ "C a ?< w ~ q o -0 =?O;~ ~ .,; n' ~ % ;:l. lQ _ ~~~~ ~11),...c- ;t~:tjR g n c>> ::c "tl~~O ~ lQ~ ~ 0.-'0 ~%" ",,...11) g ~ '" ~ ~ \ 1-\~'7~ l'TI ~ N iil :s, '" 11) a. ;", ~ " o " c. ..... U1 '-l N~~~ ~ ~ ~~ 132:~ re ~ g ~ ... ""' c-,... 3 ~~~;::: ,.... ;rr:; ,.....-< ~~~::l: ~~~~ . . . 13. Consideration to review a sketch plan for a detached townhome development in a PZM (Performance Zone- Mixed) District. Applicant: Greater MN Housing Fund Hal Klapp, representative for the Greater MN Housing Fund, addressed the Commission. Klapp commented on the discussion regarding R-2A ordinances. Klapp noted that Monticello is in the forefront in enforcing those standards, as he has been trying to convince other communities that a more traditional design is the way to go. Klapp encourage the Commission to continue their enforcement of the standards, and not to abandon them due to situations where they have not been met. Klapp referred to the sketch plan included in the Commission's packets, stating that it is reflective of a site plan presented to City staff and consultants for review. Klapp noted that the site does have some constraints. Klapp stated that it is GMHF's goal to provide safe, quality housing, while making efficient use of land. Klapp provided a brief presentation illustrating GMHF's projects in other economic growth communities. Klapp presented a typical home design, which was a twon-story with front porch and rear-loaded garage with alley. Klapp stated that it is GMHF's intent to get a feel from Planning Commission as to whether it would be willing to accept the project at a formal level. Klapp noted that they have been working with other landowners in the Elm and 71h Street area to develop a comprehensive land-use program. Frie commented that in considering this type of project, it makes a big difference where it is located and the type of unit. Frie asked how many acres where represnted on the site plan. Klapp answered approximately 6, on which they are proposing 27 units of single family detached home. Klapp stated that the majority would be two-story. Grittman stated that this use would be consistent with the requirements of the PZM district, which would actually allow a higher density than proposed. Grittman did note that the R-2A ordinance is designed to discourage splits. Hilgart ~eferred to the Rollings PUD project, which was similm'. Hilgart stated his recollections was that the unit count was an issue in that approval. Grittman confirmed that, stating that 4 units per acre would be considered acceptable and noted that the Rollings site, or Ruff Auto property, is adjacent to this site. Klapp referred to the property and asked what City's vision for the site was. Hilgart stated that detached single family shown seemed a good fit. Dragsten asked if this development would be association maintained. Klapp stated that it would be. Dragsten asked if the developer would also be the builder. Klapp responded that GMHF is the developer, and they work with local builders. Dragsten asked if the homes are manufactured. Klapp replied that all are stick built and built to Enterprise Foundation standards, offering incentives for sustainable building. Klapp indicated that the development is intended to be a mix of work force and market rate housing. Dragsten asked how a determination is made as to which group gets which what. Klapp answered that GMHF will work with builders to do half of the housing at an affordable range or about $185,000. GMlIF will work with buyers to provide tinancing \ L\ -~\ ? . to bring price point down, while still meeting design standards. Klapp stated that the market rate and work force housing is virtually the same home, with different fayade treatments. Dragsten commented that the concept seems like a good one. Frie asked if GMI IF acts as real estate agents. Klapp stated that they work with local realtors. Spartz asked ifthere is an alley, would it be association maintained. Klapp confirmed. Suchy stated that she likes the project idea, and the association. Posusta asked for the approximate square footage of the units. Klapp stated that it ranges from 1200 square feet, with the current average market rate $185,000. Klapp noted that there are price limits for meeting "affordable" criteria. Klapp stated that in the case of the affordable hOllsing, it is a deferred second mortgage that the homeowners are responsible to pay back. Klapp asked ifhaving affordable housing was a concern for the Commission, noting that residents must meet a certain wage level to qualify. Frie stated that the attitude of the Council is that Monticello needs unafforable housing. However, the Commission realizes that with Wal-Mart and other retail, the City must also be able to provide work force housing. Frie asked ifthere are covenants in the GMHF developments. Klapp indicated that there would be, that they were requested as market rate buyers wanted in to the development. . Grittman stated that the next step was for the sketch to be presented to the Council. After their reaction, GMlIF could choose to make a formal application. . ''"1-"\il Council Agenda - OS/23/05 . 15. Consideration of a reQuest for a Preliminary Plat, Final Plat, and RezoninQ to B- 4, General Business, for a parcel located in the southeast Quadrant of 1-94 and County HiQhwav 18. Applicant: Shawn Weinand. (NAC) A. Reference and BackQround. This item is being addressed by the Planning Commission at a special meeting prior to the City Council meeting, therefore a Planning Commission recommendation is not available at this time and will be provided at the City Council meeting. The applicants are seeking approval of a Preliminary Plat, Final Plat, and Rezoning of property adjacent to the new interchange location at 1-94 and County Highway 18. The property is currently zoned R-PUD, and the applicants have requested a commercial zoning to accommodate a range of potential retail or service uses that would benefit from the interchange construction. The applicants have provided a plan that divides the property into a series of outlots. Final development plans are to determine the grading and utility service needs of the property. Those plans are not yet available, pending the identification of the end users of the land. . It is necessary to proceed with the platting and zoning of the property at this time, however, to facilitate the finalization of the interchange financing plans. The proposed zoning change would be consistent with commercial uses located on the west and northwest quadrants of the interchange, and could be viewed as consistent with the City's land use policy for development of interchange access at this site. Because the property abuts residential uses to the east, a change to commercial will result in the need to consider the City's bufferyard regulations at the time of development. However, site planning details such as the bufferyard would be planned for and reviewed at the time of a final development proposal. B. Alternative Actions. Decision 1: Rezoning from R-PUD to B-4, General Business 1. Motion to recommend approval of the rezoning, based on a finding that the proposed use is consistent with the zoning and development of other neighboring property surrounding the interchange and the use is consistent with the Comprehensive Plan. 2. Motion to recommend denial of the rezoning, based on a finding that the change would conflict with the institutional and residential uses to the south and east. . Decision 2: Preliminary and Final Plat 1. Motion to recommend approval of the Preliminary and Final Plat, based on a finding that the plat is necessary to finalize planning for the interchange, and based on a condition that the applicants provide complete site plan'ning details, including grading, {S-tll Council Agenda - OS/23/05 . drainage, and utilities, at the time of development. 2. Motion to recommend denial of the Preliminary and Final Plat, based on a finding that the applicant should provide more detailed information to support the application. C. Staff Recommendation. Staff recommends approval of the rezoning and plat. Although the preliminary plat does not have the level of detail required by the full subdivision regulations, the City can make final plat detail a condition of approval, and write this condition into the development agreement. In this way, the City will have the opportunity to review site development plans prior to construction. With regard to the rezoning, one of the purposes of the interchange is to increase accessibility to land uses south of the interstate, including commercial activity. A commercial zoning at this corner appears to be the most effective use of this property _ superior to the current residential zoning due to proximity to the freeway, both from a noise and visibility standpoint. D. Supporting Data - - 1. Site Plan JS-~/8' ~ ~ /":-" ' ..) .~; fro ::;~ . .t,''''. GO U l"~:f'Y !Iff Ii' 12.,.... ~;~;.5~ -;J -;;"'Od ."., ~. _~,B :M.tr- 949. "trt.'. ....-.m '-.~,? " .12n . o &' :t. i .. UIUUi{ I ~ ! I j fUr ! ~ Jt!t n'l ~ i ~ It ~ 'HO ~ f. [i '"l!!. I f il. Jr.... Fijl hi' _ '!I ~ " f .,.~ ~ 8';'1. H.. o !l! o ... m m ~ ~Iil ~~ ~rn "'- ~'l <w iFf ~ b~l f mif ; . --..'!---.-----------==="..- .- '" ... 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REFERENCE AND BACKGROUND: On Wednesday, April 27, 2005, the BioSolids Review Committee consisting of Council Member Brian Stumpf, City Administrator Rick W olfsteller, Chuck Keyes the Project Manager at the WWTP, John Simola, Public Works Director, and Bob Brown, our consultant with Bolton & Menk traveled to both of the above referenced wastewater treatment facilities. The first facility visited was the Green Lake Wastewater Treatment Facility. The plant is located near Green Lake away from the residential area in farming country. The Green Lake facility is a joint venture between Kandiyohi County and the cities of Spicer and New London. The plant, built in 1999 at a cost of $6,000,000, was built to have an average wet weather flow of889,000 gallons per day and a design BOD loading of 850 lbs. per day, with total suspended solids (TSS) of 1,125 lbs. per day. This design is significantly smaller than the City of Monticello's Plant. For flow, it is 43% BOD, it's 10.5% of our plant and for TSS it is 17.4%. The main biological treatment part of the plant consists of aeration basins and settling tanks, not unlike the City of Monticello's previous wastewater treatment plant. The biosolids treatment, however, at the Green Lake plant consist of an ATAD system (autothermal thermophilic aerobic digestion). The ATAD system there consists of two 21' diameter insulated tanks 13 Y2' deep each located inside a building, equipped with spiral aerators, foam cutters and mixers. Pre-thickened biosolids are put into the ATAD process with about 5% solids and 95% water. This system is self heating with a digestion ofthe 5% solids which heats itselfto over 1200 F which destroys the majority ofthe bacteria in the biosolids, thus producing a Class A biosolid which is the State of Minnesota's second highest standard. With very low metals and most of the volatiles burned off, the biosolids from this facility would meet exceptional quality Class A standards. The liquid biosolids are then applied to nearby farm fields with the solids content generally less than 5%. This plant which began operation in the year 2000 has a history of operating within design parameters. Because of the location ofthe plant (in rural Kandiyohi County) the odor control equipment is not always run. The second phase of the trip was to New VIm, MN, which is a much larger facility than the one in Green Lake. The New VIm plant treats approximately 4 million gallons of wastewater per day. The waste biosolids at this plant totals 39,375 gallons per day at a 4% solids. The main processes at the wastewater treatment plant consists of clarifiers and aeration tanks. The biosolids, however, is treated in a Kruger AT AD system which came online in December of 1996. The AT AD system in New VIm consists of four outside insulated reactor tanks, each 29 W in diameter with a sidewater depth of 11 W. Each ATAD tank has a volume of58,798 gallons, and the system has a hydraulic detention time of 7 1;'2 days and creates a Class A biosolid. The system is set up so that only two of the reactors need to run to produce the Class A biosolids. They do often run a third tank, however, but the fourth tank is seldom run. The AT AD system is fed with a 4% combined primary and secondary biosolids. The resulting product, however, is somewhat thinner when applied to nearby farm fields. The plant has consistently met Class A standards. The facility also has a massive four basin biosolids storage system. The four tanks hold a total of 3.4 million gallons which provides more than six months Council Meeting OS/23/2005 storage. During extreme cold weather the system requires auxiliary heat to keep up operating temperatures. The basic odor control system for the New Ulm AT AD plant was a biofilter. However, again, due to the location, they don't always operate the biofilter and often vent the ATAD system to the atmosphere. We would not have the luxury to do that. At the end of the tour it was briefly discussed among the group that a trip to Three Rivers, MI may not be necessary even though it is a different manufacturer of A TAD plants. The group still thought it would be more appropriate to send a couple of members to the dryer facilities in Europe and use the funds that were going to be expended on the trip to Michigan towards the Europe trip. While we continue to investigate the AT AD process and the purchase of additional land, the belt drying process still remains a viable alternative. Further study by PSG, our contract operator of the wastewater treatment plant, also known as Veolia, N.A., has indicated that they were unable to find any efficient small sized biosolids conduction heating dryers operating in the U.S. They did find out through their research that the smallest existing dryer technologies for biosolids in the U.S. would require the operation of the facility 24 hours a day, 365 days a year, and they are not economically feasible for the City of Monticello. Using smaller quantities in a batch type process results in extremely high energy use. Additionally, while these systems have been plagued with safety problems in the past, numerous safety controls have been put on their operations to avoid problems with explosions that . have occurred in the past. Sometimes the more controls you have on a system, the more opportunities for failure. This then brings us back to the small scale efficient dryer systems used in Europe. The only one of these belt dryer systems currently on order is for Mystic Lake, MN. While this one is even smaller than what the City would need, it would give us some indication of how the system would function. However, start up of that equipment is not expected to occur until late next year. A track record on the facility would not be produced until 2007. The City of Buffalo is under design for the same technology and they will be lagging behind the completion of the one at Mystic Lake. Buffalo should be ready to bid by late fall. The City of Big Lake is also investigating this technology. Both cities indicated a willingness to send a representative to Europe for first hand knowledge ofthe operation and track record of this equipment. A trip to Denmark and Sweden would be beneficial to get this information first hand or you can simply place 100% of your trust in the consultant. As your Public Works Director, I think we have an obligation for due diligence to assure our citizens that we are spending their money wisely. There are currently three manufacturers that could be visited. One in Copenhagen, one is Zurich and one in Munic. The cost per person for these trips will definitely not go down and it is escalating. If the council wishes to add this update as a council agenda item, the first alternative and recommended alternative would be to send two representatives from the City of Monticello to Europe to view first hand the operation and history of these small sized belt dryers. The trip could be arranged for in late July. . . .. . . . .