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City Council Agenda Packet 08-22-2005 . Mayor: AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday August 22, 2005 - 7 p.m. Clint Herbst Council Members: . cN\ ~~~y, Approve minutes of August 8, 2005 regular Council meeting. d / - 5<< (I c! &.':(r /L .., ., Consideration of adding itcms to the agenda. r//- f,~ J;,;'F !J4.;- Pc..rr,\A.TL.~ ....... v !l111>- bI-i iHh,;:;b~ eLl.. ~ Citizen comments, petitions. req uests and cOlpplaints. . -;- G ~ P IL )) I J '" SS" rJ~./ ./~1--r.4i\l5" oJ -f\~ /"0 8L vd/:5 /. f'{~' ;JM~ Consent Auenda., ..J/v . f) ---MW " IA',JIL J ," \' ~~. '" J! ~;c",f,JVd>r--" (' C/ A. Consideration of new hires and departures for MCC. Liquor Store and Fire Department. 1. 2. , o. 4. 5. B. cD \~")- @ . ~,v.,Jv0 Wayne Mayer. Tom Perrault, Glen Posusta and Brian Stumpf. Call to Order and Pledge of Allegiance. Consideration of approval of a liquor liccnse for Applebec' s Ncighborhood Gri 11 and Bar. I . ~ IAi\A~ ~ -~ 'To Q.C~,. -e:. ~..V - - Consideration of a request for a conditional use permit to allow a real estate agency in a PZM (Pcrformance Zone Mixed) District. Applicant: Professional Brokers Realty. l(l\j\' '1-.( "'('Q . ~ - e-v;fk ~\".",^".v I~.A.-;'-'" .'TVJ ""'. Consideration of amendment to the Monticello Zoning Ordinance relating to joint access andjoint drivcs and parking lot setbacks. Applicant: City of Monticello. Consideration of approving final payment and acceptance of work for Dan o~so '. On-Street Parking, Citv ProJ'eet No. 2004-15C. . .....(Q , . 1:<) ~ ~. . E. Consideration of approving Change Order NO.1 for Chelsea Road Extension and School Boulevard, City Project No. 2005-11 C. F. Consideration of approving Change Ordcr No. I for Meadow Oak Avenue Extension (CSAH ] 8 and CSAH 39), City Project No. 2004-1C. G. Consideration of approving Change Order No. I for Meadow Park Storm Sewer Outlet, City Project :--.ro. 2004-9C and 1-94/Sunset Ponds Watcrmain Improvemcnts. City Project No. 2004-1 OC. H. Consideration of approving Changc Order No. I for Pioncer Park and Library Parking Lot Improvements, City Project No. 2004-32C. I. Consideration of approving Change Order No. I for Dan Olson On-Street Parking, City Project No. 2004-15C. " c.. -<\ y . M. t @ V~\J o. 0 Q. .~~ (0 s. Agenda Monticello City Council August 22, 2005 Page 2 K. Consideration approving final payment and accept improvements for Marvin Road Force .'v1ain and Utility Improvements, City Project No. 2003-IC. L. Consideration of approving final payment and accept improvements for Core Area Street Reconstruction, City Project No. 2002-14C. Authorize further exploration of snow barrier on School Boulevard. Consideration of adopting a resolution requesting Mn/DOT to conduct a speed study on School Boulevard from CSAH 18 to TH 25. - 4!J' ~cLojl.'-4' lid ',' ,q!'/el .t.~,v,r..,J L~A---nM;t:~A:h Consideration of ordering AUAR for the Heritage Development/Silver Springs Goll) ;':, Course, City Project 1'\0. 2005-14C. fd~ n,L fa/~1 v Consideration of approval of City credit card application - WalMart. /1' 4 --r( Consideration of approving plans and specifications and authorizing advertisement for bids CSAH 18/1-94 Interchange, Project No. 2004-01 Consideration of amendment to City's transient merchant ordinance to restrict ho~s of operation. ~ /2 - 7 f ,v\ L L{ -I )T~~ Consideration of approving Mn/DOT Cooperative Construction Agreement for the CSAH 18/[-94 Interchange Project No. 2004-1C. T. Consideration of negotiating five year contract with PSG for operation of wastewater treatment plant \ ,Jl. '\ u,. {I ~~ &,-,if- ilA"lt rl~\'OJ 6. Consideration of items removed from consent agenda for discussion. 7. Public Hearing on consideration of vacation of drainage and utility easements over Lot 1, Block 2 Otter Creek Crossing. 8. Public I rearing on modification to the Redevelopment Plan for Central Momicello Redevelopment Project No. I and the establishment of Tax Increment Financing District No. 1- 35 and passing resolution approving plans. Applicant: Master's Fifth Avenue, Inc. 9. Public Hearing on modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. I and the establishment of Tax Increment Flnancing District No. 1_ 36 and passes resolution approving the plans. Applicant: Rocky Mountain Group, LLC. Consideration to adopt a resolution approving a Business Subsidy Agreement between the HOllsing and Redevelopment Authority in and lor the City of Monticello and Rocky Mountain, LLC. . 10. L . Agenda Monticello City COlillcil August 22,2005 Page 3 II. 12.. 13. l~ ~SJ ~~ 15. 16. 17. . Consideration of recommendation from Fiber Optic Task Force. Review of biosolids alternatives for wastewater treatment plant. Consideration and approval of quotes for remodeling work at City Hall to accommodate added staff. Review of bids and consideration of awarding contract for 7'h Street and Highland Way, City Project No. 2005 Consideration of accepting report and authorizing staff to implement recommendations for School Boulevard Pedestrian Crossing Study. Consideration of accepting feasibility report for Hidden Forest/Sunset Ridge Utility Improvements, Project 1\0. 2005-3C. Consideration of development stage PUD and preliminary plat review. Applicant: Monti Villas Development. 18. Consideration of comprehensive plan amendment and rezoning request trom AO to R-2 for Monti Villas Development. 19. Approve payment of bills for August. 20. Adjourn. . ) . . . Council Minutes - 8/8/05 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday August 8, 2005 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf. Members Absent: None 1. Call to Order: 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 Julv 25, 2005 rel!.ular Council meetinl!.. Tom Perrault clarified the minutes on page 9, under item #12, stating that instead of "fewer trees were lost" it should read" that only one more significant tree was lost." He also noted an error in the spelling ofXcel Energy. On page 13 under item #15, the minutes stated that the motion was unanimous but listed two people voting in opposition. Glen Posusta noted a correction on page 13 relating to his statement on mobile home residents. It should read, "He realized how difficult it was to get people to take care of their property." GLEN POSUST A MOVED TO APPROVE THE MINUTES OF THE JULY 25. 2005 REGULAR COUNCIL MEETING WITH THE CORRECTIONS NOTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of Julv 25, 2005 special Council meetinl!.. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE JUL Y 25, 2005 SPECIAL COUNCIL MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of addinl!. items to the al!.enda. Brian Stmnpf suggested if everyone was in agreement that item #7, restrooms for Ellison Park be moved to the consent agenda. Wayne Mayer stated he would prefer that it not be added to the consent agenda. Brian Stumpf asked that a discussion of an ordinance restricting door-to- door sales be added to the agenda. Wayne Mayer added an update on a meeting held with the Wright County Sheriffs Department. Jeff O'Neill added an update on the City Engineer position and Clint Herbst added an update on various matters at 4'h Street. Groveland Park and School Boulevard. Tom Perrault added discussion of Channel 12 operation. 4. Citizen comments, petitions, reQuests and complaints. None. 4 . . . Council Minutes - 8/8/05 5. Consent Agenda. A. Consideration ofratifying new hires and departures for MCC. Recommendation: Ratify the hires and departures as identified. B. Consideration of approval ofliquor license application for 100 7'h Street West (formerly Country Grill) - Guadalajara Mexican Restaurant, Inc. Recommendation: Approve the on-sale liquor and Sunday liquor license for Guadalajara Mexican Restaurant, Inc. at 100 71h Street West contingent upon payment of license fees and submittal of certificate of msurance. C. Consideration to adopt a resolution to approve final plat of Otter Creek Crossing I SI Addition (Re-plat of Lot I, Block 2, Otter Creek Crossing). Recommendation: Adopt a resolution approving the final plat of Otter Creek Crossing I SL Addition (Re-plat of Lot I, Block 2, Otter Creek Crossing). D. Consideration.of approving the appointment to the Library Board. Recommendation: Approve the appointment of Chris Andcrley to complete the term of Dawn Fitzgerald that expires on December 31, 2007. E. Consideration of approving final payment to Schluender Construction, Inc. for the Trinity Lutheran Church Storm Sewer Improvement Project No. 2004-34C. Recommendation: Authorize final payment in the amount of $975.04 to Schluender Construction, Inc. for the Trinity Lutheran Church Storm Sewer Improvement Project N. 2004-34C subject to receipt of final paperwork including: Compliance with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax; evidence in the form of an Affidavit showing that all claims against the contractor by reason of the contract have been fully paid or secured; consent of surety to final payment certification trom the contractor's surety and two-year maintenance bond. F. Consideration of approving Change Order #1 to Marvin Road Force main, City Project No. 2003-1 C. Recommendation: Approve Change Order No. I in the amount of $4,787.61 to R.L. Larson Excavating, Inc. for the Marvin Road Force main Project No. 2003-1 C. G. Consideration of a request for a conditional use permit allowing open and outdoor automobile sales within a B-3 (Highway Business) Zoning District. Applicant: Gould Brothers Chevrolet/Jay Morrell. Recommendation: Approve the conditional use permit for auto sales/display for Gould Brothers based on a finding that the use is appropriate for the B-3 District and the proposed site, subject to conditions of Exhibit Z as follows: I. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2[H] of the Zoning Code. 2. The total nwnber of vehicles that may be displayed outdoors at this location shall not exceed 25. 5 Council Minutes - 8/8/05 . 3. The outside sales and display area must not utilize parking spaces which are required by the City Zoning Code for the other commercial uses on the property. 4. All signing shall be in compliance with Chapter 3, Section 9 ofthis ordinance. H. Consideration of approval of assessment agreement and easement agreement for Cedrus Creek Craftsman, Inc. for the CSAH 18/[-94 Interchange Project No. 2004-1C. Rccommendation: Approve the agreement and easement document from Cedrus Creek Craftsman, Inc. and authorize the Mayor and City Administrator to sign the agreement on behalf of the City. I. Consideration to approve the final plat and development agreement for Carlisle Village 4th Addition. Recommendation: Approve the plat of Carlisle Village 4th Addition subject to the revision ofthc plat document and to approve the Carlisle Village 4th Addition development agreement. 1. Consideration to authorize the City Administrator to extend an offer of employment to fill the new Building and Code Enforeement Inspector position. Recommendation: Authorize the City Administrator to negotiate pay and benefits for the new Building and Code Enforcement Inspector position and to extend an offer of full-time employment to fill the new inspector position. . Tom Perrault asked that item #51, final plat approval for Carlisle Village 4th Addition be removed from the consent agenda. BRIA0.f STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM #51. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNAN[MOUSL Y. 6. Consideration of items removed from the consent ae:enda for discussion. 5/ Final Plat and Development Agreement - Carlisle Village 4'" Addition: Tom Perrault stated he pulled this item because according to the agenda item, the 49 lots within the plat are identified as R-IA lots but they do not meet the size requirements for R-lA lots. leffO'Neill said this is a planned unit development with a mixture of lot types but he will check it out. Clint Herbst brought up the condition of the trees in the development. He didn't think the tree preservation program was of any value if the developer/builder is digging around the trees and damaging the root system. He felt the City needs to look at what is happening to the trees in this development. Jeff O'Neill said there is a provision that requires the planting of replacement trees for those trees that are damaged during the eourse of development. The bigger the diameter of the tree that is lost the greater number of replacement trees that are required to be planted. He stated that there is an oak wilt infestation in the red oak stands within this development. b . lohn Simola stated that in reviewing the plat, there are a couple of easement corrections that need to be made and this should be included in the motion on this item. . . . Council Minutes - 8/8/05 TOM PERAULT MOVED TO APPROVE THE FINAL PLAT OF CARLISLE VILLAGE 4T11 ADDITION SUBJECT TO REVISIONS OF THE PLAT DOCUMENT INCLUDING EASEMENT CORRECTIONS AND APPROVE THE DEVELOPMENT AGREEMENT FOR CARLISLE VILLAGE 4TH ADDITION. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Consideration of reiectinl? bids for restroom construction - Ellison Park. John Simola provided background information on this item explaining that previously the Council had authorized preparation of plans and specifications for the restrooms at Ellison Park. Thesc plans were not approved until July and upon approval the plans were sent to 8 different vendors. Only one vendor responded and the price they quoted was $15,000 higher than earlier price quotc the City received from the same company. Based on the bid received the cost would be $100,000 not including the site work. The staff would like to go back and look at other options for the restrooms. WA YNE MA YER MOVED TO REJECT THE BID FOR THE MODULAR RESTROOMS FOR ELLISON PARK AND GO BACK TO LOOK AT OTHER OPTIONS SUCH AS A DIFFERENT STYLE OF MODULAR BUILDING OR ADDING ONTO THE EXISTING RESTROOM F ACIUTY AND MODERNIZING IT OR BUILD A NEW BUILDING ON THE SITE. THE PROPOSED CONSTRUCTION WOULD TAKE PLACE IN THE SPRING OF 2006. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. 8. Review of bids and consideration of award of contract for School Boulevard Improvement Proiect No. 200S-2C. Shibani Bisson reported that the City received ten bids on this project with a price range of $2,498,3 11.82 to the low bid of Randy Kramer Excavating 01'$1,919,045.89. The engineer's estimate was $2,051,370.00. The project was bid with two alternates. Thc base bid covered the construction of School Boulevard through Jeffcrson Commons. Alternate #1 extended School Boulevard through the Weinand/Ocello property and Alternate #2 would extend School Boulevard through the Insignia development. The affected developers have been contacted regarding the prices received for the work and have indicated that they are acceptable to extending School Boulevard through their property. Based on that the City Engineer was recommending that the City approve the base bid and Alternates #1 and #2 contingent upon development and special assessment agreements being approved with Weinand/Ocello and Insignia. Shawn Weinand was present at the meeting and stated he was okay with the prices but he needs to make sure he gets enough unit density to offset the cost of the road extension. JefrO'Neill stated the Weinand property is a transition area between the mobile home park, the commercial area and the single family home portion of the Insignia development. Shawn Weinand indicated that they were looking at a density of 5 1/2 units per acre. Jeff O'Neill stated that Insignia was supportive of going forward with the project as bid but he suggested adding to the motion on the award of bids a contingency that if a development i . . . Council Minutes - 8/8/05 agreement was not reached with Insignia, the project would only extend through the Weinand/Ocello property. GLEN POS{]ST A MOVED TO A WARD THE BID FOR TilE SCHOOL BOULEY ARD PROEJCT NO. 2005-2C TO RANDY KRA.MER EXCA Y A TlNG IN THE AMOUNT OF $1,919,045.89 WHICH INCLUDES THE BASE BID AND ALTERNA TE #1 AND ALTERNA TE #2 CONTINGENT UPON DEVELOPMENT AND ASSESSMENT AGREEMENTS BEING OBTAINED FROM WEINAND/OCELLO AND INSIGNIA. TOM PERRAULT SECONDED THE MOTION. Jeff O'Neill asked that the Council amend the motion to add that if the Insignia development stalls, the scope of the project will be curtailed to extend through the Weinand/Ocello property. GLEN POSUSTA AMENDED HIS MOTION TO ADD THA T SHOULD THE CITY FAIL TO OBTAIN AGREEMENTS WITH THE INSIGNIA DEVELOPMENT, THE SCHOOL BOULEV ARD PROJECT WOULD EXTEND ONLY THROUGH THE WEINAND/OCELLO PROPERTY. TOM PERRA.ULT SECONDED THE AMENDED MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of settin!! dates for bud!!et workshop meetin!!s. The Council discussed possible dates for scheduling the budget workshop. Since it was unlikely that the preliminary budget documents would be completed before August 22"d, it was decided to schedule the special meeting on Monday, August 29, 2005 at 6 p.m. 10. Consideration of increase in Firemen's Relief Pension. City Administrator, Rick Wolfsteller provided background information on this item noting that the state requires submission of any request for an increase to the pension fund by August I" so it gives the City an opportunity to add any cost for the pension increase to the budget. The relief association presented three options; one increasing the benefit to $3,050 for each of service over 20 years; one for $3,075 and one for $3,100. Rick Wolfsteller stated that to date the City has not had to pay any contribution into the pension plan. In addition to the investments of the relief association, the pension plan is also funded in part with state aid. The reports show that increases to the relief association pension could be made without any city contribution to support it. Rick Wolfsteller stated that at the $3,100 level there would be only a $2.00 cushion and at $3,050 there is a $3.400 cushion. If the relief association continues to earn 5% on their investments and there is no cut in state aid, the City would not have to contribute. However, there is always the risk that interest revenue from investments could be less than anticipated or the state could always reduce or eliminate state aid payments. Rick WolfstelIer cautioned that the state has been known to cut aid payments to the cities when there is a budget shortfall at the state level. The only way the Fire Department can increase their pension without Council approval is if their assets equal their liabilities. On any ofthc three options it would take $135,000-$140,000 a year to fund the increase. If the Council grants the increase to the pension fund, they cannot reduce it. ~ Council Minutes - 8/8/05 . Brian Stumpf stated since he is a vested member of the relief association he would abstain from voting on this item. Wayne Mayer suggested that the City approve an increase that was equal or close to what was approved the previous year. WA Y!\:E MA YER MOVED TO GRANT AN INCREASE TO THE INDIVIDUAL PENSION FOR VOLUNTEER FIREFIGHTER RELIEF ASSOCIATION IN THE AMOlJNT OF $3,050 PER YEAR FOR EACH YEAR OF SERVICE OVER 20 YEARS. GLE!\: POSUST A SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF ABST AI!\:ING AND TOM PERRAULT VOTING IN OPPOSITION. Rick W olfsteller indicated the relief association has been prudent in how they are investing their funds but the market is never certain and neither is state funding. Wayne Mayer asked about the calculations contained in the report. Rick Wolfsteller replied that the treasurer of the relief association prepares the report but it is based on statc formulas. 11. Consideration of proposal for cost participation for plav!!:round development with Swan River Charter School. . At a previous meeting, representatives of the Swan Rivcr Charter School came beforc the Council with a proposal for sharing costs to construct a playground on the charter school site. The school representatives initially indicated that the estimated cost for this project would be $120,000 and it was proposed that the cost would be shared equally between the chartcr school and the City. The cost estimated has been revised to $80,000. leffO'Neill stated that the Comprehensive Park Plan calls for a park in the area bounded by CSAH 75 on the north, CSAH 39 on the west, 1-94 on the south and Highway 25 on the cast. At this time no specific site has been identified by the City for establishment of a park. The question is whether participating in the cost of a playground for the charter school would meet the needs as set out in the plan. Jeff O'!\:eill said there is precedent for taking park dedication funds for this type of project. The Parks Commission reviewed this proposal at a special meeting held on August 4, 2005. The concerns noted by the Parks Commission were 1) whether this was the best location for a park/playground: 2) the amount of time the park would be available for public use; 3) if park dedication funds are available for this area they would like to utilize them for an actual park not just a playstructure; and 4) the amount of funding requestcd by the school. Thc Parks Commission did not recommend participating in this project. . Isabelle Olson, rcpresenting Swan River Charter School statcd that they had gotten quotcs from four vendors but the Parks Commission had not particularly addressed the playground design or prices but whether the Parks Commission should participate in the project. Isabelle Olson stated the playground was designed to complement the existing church building. She felt the proposed location for the playground was the perfect site because of the presence of the MCC. She stated that if the City placed another playground somewhere else it would be a duplication of facilities which would cost the taxpayers more. She added that there are 122 dwelling within walking distance of the proposed playground. ~ Council Minutes ~ 8/8/05 . There was discussion of the fencing that was proposed for the playground. Isabelle Olson stated the fencing, which is proposed to be 4' in height was also designed to fit aesthetically with the church. The height of the fence would deter the younger children from leaving the playground and running through the parking lot. There would be a locking gate which would be open outside of school hours. The fence material would be white steel. The cost of the fencing is not included in the $80,000 playground estimate but it is a cost the school would be picking up. Tom Perrault stated that some of the Park Commission members were concerned that the City is putting more money into this playground than thcy are putting into other parks in the City. Wayne Maycr asked if this would be a seasonal park where it would be locked up for the winter. Isabelle Olson stated the playground would be opcn year round. Wayne Mayer also asked who would ultimately be responsible for maintenance. Isabelle Olson said the school would maintain it and provide for the maintenance cost and landscaping. Thcy would ask that Adam Hawkinson or other park staff who have had training in playground installation and inspection periodically inspect the equipment. . Clint Herbst stated that the City has talked for a number of ycars about not duplicating facilities. He added that this would not be the first time financial assistancc was provided to a school facility. Hc asked what other sites the Parks Commission had mentioncd. Tom Perrault stated that with redevelopment ofthc Ruff property there may be a suitable site in that area. Outlot A of Country Manor is another possible site. Brian Stumpf stated he is not in favor of using funds for this facility and felt city residents would be getting slighted in their use of the facility. He indicated that the playground would be a duplication of some of what is available at thc community center. Isabelle Olson stated that the facilities at the community center are not available to everyone since not everyone can afford the fees. Tom Perrault said one reason he was not in favor of the playground at this site is it would dctract from the City's ability to rent the church facility and that those using the facility for a wedding or other purpose would not find the playground conducive to the setting. It would not providc the right atmosphere. Isabelle Olson said it would be up to the City to decidc whether or not to close the playground if the church facility was rented. Tom Perrault felt it was important that there was consistency in when the playground was open for use. BRIAN STUMPF MOVED TO DENY A REQUEST FOR A COST SHARING ARRA.NGEMENT TO FUND THE PROPOSED PLA Y STRUCTURE AT THE SWAN RIVER CHARTER SCHOOL. TOM PERRAULT SECONDED THE MOTION. . In further discussion, Clint Herbst stated the City needs a facility in this area. He noted the concern that the City is subsidizing the school and added the charter is a public school not a private facility. He felt, since the school is now locatcd on the site it would be best to take advantage of the situation. The playground would not take away any parking needcd for the school. \0 Council Minutes - 8/8/05 . Glen Posusta said the City has to keep in mind that the apartments constructed around this area 10-15 years ago have contributed money for park dedication and have received nothing. He felt this could be construed as a proper use of these funds. UPON VOTE BEING TAKEN, BRIAN STUMPF, TOM PERRAULT AND WAYNE MA YER VOTED IN FAVOR OF THE MOTION AND CLINT HERBST AND GLEN POSUSTA VOTED AGAINST. MOTION CARRED ON A 3 TO 2 VOTE. Added Items: City Engineer Position: Jeff O'~\Jeill reported they had met with the candidates for the City Engineer position and were moving forward with negotiating a salary for the preferred candidate. Jeff O'Neill was asking the Council to go up to $73,500 for the starting wage so that the applicant would be making the same as what he is currently making at his present position. This up from the $70,000 the Council had approved earlier. The Personnel Committee felt this was a decision that the full Council should make. Originally when stating his wages, the candidate neglected to include his overtime. . Brian Stumpf felt if the City was going to increase the salary range, this information should be given to all the candidates that were interviewed. There was discussion on what kind of candidate the City would get for the salary being offered. Wayne Mayer said part of the problem is the way the City is trying to slot this individual in. Clint Herbst felt the City still needed to do a wage study. The City needs to make sure the City doesn't get out of line with the comparable worth. Clint Herbst said if they increased it to $73,500 that would be the salary rate for three years. Brian Stumpf had concern about slotting someone in before the wage study is done. Clint Herbst felt the cost savings in consulting fees could offset the increased salary range. Glen Posusta said that in order to get good candidates for filling any of the major positions such as department heads, the City would probably need to offer a higher wage than what is currently the range. CLINT HERBST MOVED TO APPROVE THE STARTING WAGE FOR THE CITY ENGINEER POSITION AT $73,500 WITH BENEFITS AND THE STARTING SALARY TO BE LOCKED IN FOR THREE YEARS CONTINGENT UPON SATISFACTORY CHECK OF REFERENCES. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. Jeff O'Neill stated that there is a three year period before an employee moves from step six to step seven which is the top step. Wayne Mayer asked if the benefit package was the same one offered to all full time employees. Jeff O'Neill indicated it was the standard package. Channel 12 operations: It was noted that Channel 12 was not operating for a period of time and Tom Perrault questioned when it would be back on. Rick Wolfsteller indicated he would check into this. . Door-to-Door Salesmen: Brian Stumpf stated that the Sheriffs Department deputies had received numerous complaints about door-to-door salespeople. He asked if the ordinance could be amended to restrict this activity. He noted the salespeople were calling at all times of the day and on weekends. He asked that staffreview the ordinance and suggest possible revisions to it at the next meeting. In discussion of this ordinance, the City Attorney indicated that most communities have some kind of It . . . Council Minutes - 8/8/05 registration process that is used. There are legal questions relating to allowing certain groups (such as charitable organizations) an opportunity, such as soliciting, that is not available to all individuals or groups. Wayne Mayer felt imposing a time frame for door to door solicitation would be a reasonable restriction the City could look at. Carrie McDougall, a resident who was present, informed the Council that the Sheriffs Department had told her to put a "No Soliciting" sign on her door. If the solicitors ignored the sign, the property owner could then contact the Sheriff s Department on trespassing charges. Wright County Sheriff Department meeting: Wayne Mayer stated that in a meeting with the Wright County Sheriffs Department, it was emphasized that people who call in to register a complaint about any violation should give their name and then request that they remain anonymous. This gives validity to the complaint. The complainant then is known to the Sheriffs Department but not to anyone else. lIe added that it is not SheritT Department procedure to report back to the complainant the results of investigation of a complaint. Grove/and Area: Clint Herbst wanted to set up a meeting with the Groveland residents about the park. He asked that Adam Hawkinson check his schedule to see what times he could be available. Fourth Street: Clint Herbst asked when the speed trailer was going to be located on Fourth Street. The SheritTs Department indicated that the trailer was committed for certain areas and when those commitments were fulfilled the speed trailer would be out at Fourth Street. Sheila Stumpf indicated that the trailer had been out on Fourth Street one day at least. Crossings: Clint Herbst talked about crosswalk sites and how they should be marked. There is information being gathered by Chuck Riekart and staff about ways of identifying pedestrian crossing. This information will be presented to the Council. One suggestion was to narrow the road at the site of the of the crossing but that make removing snow from the area a problem. There was general discussion about other types of markings that could be looked at. Clint Herbst also brought up having trees planted along School Boulevard as he felt the street needed some. The placement of trees can create some problems for snow removal according to John Simola. On the south side of School Boulevard there are cables, ete buried in the boulevard area so that side of the street would not be suitable for tree planting. There are also power lines in the area that could impact where and what kind of trees could be planted. The trees should be planted so as to provide a snow barrier for the street and provide for beautification of the area. John Simola said the same type of situation exists at Edmonson and Cedar Street. Chuck Rickart will have some information on using natural vegetation as a snow barrier. Clint Herbst felt it was important for the public to know the City is working on these issues. 12. Approve pavment of bills for AUl!:ust. Glen Posusta questioned the purchase at Steve's Nursery in Elk River. John Simola stated it was for trees for the library parking lot and the tree species were not available locally. Glen Posusta stated it was not only the price of the materials purchased that had to be considered but the time it took to drive there and back to make the purchase. Wayne Mayer asked about an item under Public Works Engineering which was an invoice from WSB for maps and work on the library and Pioneer parking lots. He stated that the $7,500 invoice would be 10% of the new engineer's salary. \a . . . Council Minutes - 8/8/05 BRIAN STU:VIPF MOVED TO APPROVE PAYMENT OF THE BILLS. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Adiourn. Mayor Herbst adjourned the meeting at 8:50 p.m. Recording Secretary 13 . . . Council Agenda - 8/22/05 SA. Consideration of approvin!! new hires and departures for Liauor Store. Fire Department and MCC. (RW) A. REFERENCE AND BACKGROUND: The Council is asked to ratify the hiring and departures of employees that have occurred recently at the Liquor Store, Fire Department and MCC. As you recall, it is recommended that the Council officially ratify the hiring of all new employees including part-time and seasonal workers. B. AL TERNA TIVE ACTIONS: I. Ratify the hiring/departures of the employees as identified on the attached list. C. SUPPORTING DATA: Lists of new employees. 5'j\-\~ employee councillist.xls: 8/10/2005 Sf\- \5 . NEW EMPLOYEES Name Title Department Hire Date Class Skillingstad, Ramon Liq.Store Clerk Liquor 8/2/2005 Part Time Roubinek, Jason Firefighter Fire 6/20/2005 Part Time Block, Jason Firefighter Fire 6/20/2005 Part Time TERMINATING EMPLOYEES Name Reason Department Last Day Class . Laurent, Derek Voluntary MCC 7/31/2005 Part Time Holub, Riley Involuntary MCC 7/25/2005 Part Time . . . . 5B. Council Agenda - 8/22/05 Consideration of an on-sale liquor license and Sundav liquor license for Applebee's Nei!!:hborhood Grill & Bar-9386 Dee!!:an Avenue. (RW) A. REFERENCE AND BACKGROUND: The City has received an application for an on-sale liquor and Sunday liquor license for Applebee's Neighborhood Grill and Bar at 9386 Deegan Avenue (in the plat of Jefferson Commons). B. ALTER;\IATIVE ACTIONS: I. Approve the on-sale and Sunday liquor license for Applebee's Neighborhood Grill and Bar at 9386 Dcegan Avenue contingent upon payment of license fces and submittal of certificatc of insurance. 2. Do not approve license application. c. STAFF RECOMMENDATION: It is the recommendation of the City Administrator that the license application be approved contingent upon payment of license fec and submittal of certificate of insurance. D. SUPPORTING DATA: Copy of license application. S~-l~ . Minnesota Departmcnt of Public Safety Alcohol and Gambling Enforcement Division (AGED) 444 Ccdar Street, Suite 133, S1. Paul, MN 55101-5133 Telephone 651-296-6979 Fax 651-297-5259 TTY 65]-282-6555 Certification of an On Sale LiQnor License, 3,2% LiQnor license, or Sundav LiQuor License Cities and Counties: You are required by law to complete and sign this fOilll to certify the issuance of the following liquor license types: I) City issued on sale intoxicating and Sunday liquor licenses 2) City and County issued 3.2% on and off sale malt liqnor licenses Issuing Liquor License~ License Period From: In ,JOO(. To: J Un .:;:J OOf.., Circlc One: New Licens License Transfcr Suspension Revocation Cancel (former licensee name) (Give dates) License type: (circle all that apply) On Sale Intoxicating Sunday Liquor 3.2% On sale 3.2% Off Sale Fee(s): On Sale License fee:$3 750 Sunday License fee: $d:O 3.2% On Sale fee: $ 3.2% Off Sale fee: $ ,- Licensee Name: Ap~IeAMer'~an Li"';teJ,Port.,.,..,hip o-\'rn;""d-nOB Ay-f'l.-be. '5 Social Security # (corporation, partnership, LLC, OrI'diVidual~~r ~I b" I..., G, ',11 ~ Ber Business Trade Namel!ppkb'~;5 N~~borhM1 ~rl H' Business Address 93~(" De~M Ave, City iYlon-J,'(.<./1 0 Zip Code S 5 3l..ci County Wr~h+ Business Phone Home Phone Home Address City Licensee'sMNTaxID# /D39S(,,~ . J,,,-/,-,IOQ3/ (To Apply call 651-296-6181) Licensee's Federal Tax ID # "'1'.J lP T I _ (To apply ca11651-290-3905) If above named licensee is a corporation, partnership, or LLC, complete the following for each partner/officer: (.;Durmpt Systems J1 miY\nesc-l-tJ; Inc. Lf.3-/t.o35S'8.d-. Pa ner/Officer Name, (First ~idd[e L~st) ~OB Social Security 9 (Pat1nerlOfficer Name (First Middle Last) DOB Social Security # Home Address Home Address Partner/Officer Name (First Middle Last) DOB Social Security # Home Address Intoxicating liquor licensees must attach a certificate of Liquor Liability Insurance to this form. The insurance certificate must contain all of the following: I) Show the exact licensee name (corporation, partnership, LLC, etc) and business address as shown on the license. 2) Cover completely the license period set by the local city or county licensing authority as shown on the license. Circle One: (Yes@ During the past year has a summons been issued to thc licensec under the Civil Liquor Liability Law? Workers Compensation Insurancc is also required by all licensees: Please completc the following: Workers Compensation Insurance Company Name: Z<<cich }r'\"'((ranc~ (1",. Policy # I Certify that this licensees) has been approved in an official meeting by the goveming body of the city or county. City Clerk or County Auditor Signature Date (title) . On Sale Intoxicating liquor licensees must also purchase a $20 Retailer Buyers Card. To obtain the application for the Bnyers Card, please call 651~2]5-6209, or visit our website at WWW.dlls.state.l11n.lls. (Fann 901 1-2004) 5\j-ll Council Agenda - 8/22/05 sc. Consideration of a request for a Conditional Use Permit for a Professional Office in a PZM Zonin!! District. Aoolicant: Professional Brokers Realtv. (NAC/AS) . A. REFERENCE AND BACKGROUND The Planning Commission reviewed the applicant's request at their August meeting, recommending denial of the CUP based on the findings of fact outlined in Exhibit Z. The Commission heard testimony from neighboring property owners concerned about a non- residential use and the potential for increased traffic due to the proposed business use. A draft copy of the Commission minutes related to this item is included as supporting data. Since the time of the Planning Commission meeting, the applicants have submitted a rebuttal letter, which addresses each of the findings of fact for denial of the CUP. Should the Council approve the conditional use permit, the applicants have asked that the Planning Commission consider a variance and amendment to CUP at their October meeting. Tbe variance and amendment to CUP are requested on the basis that eliminating the required parking lot will ensure that the residential character of the property is retained. The variance and resulting request for a CUP without parking cannot be considered at this time as these requests must first be reviewed by the Planning Commission. . The applicants are requesting a Conditional Use Permit to utilize the eXlstmg residential property located at 505 Elm Street as a real estate office. The Professional Brokers Realty, Inc. site will be located at the intersection of County Road 39 and Elm Street. County 39 is considered to be a major collector and Elm Street a minor collector. The subject property is zoned PZM, "PZ - Mixed Use Zoning District." The purpose of the PZM district is to provide a land use transition between high density residential and low intensity business land uses, as well as the intermixing of each such land use. The adjoining land to the north, south and west is also zoned PZM and to the northeast is R-2, Single and Two Family residential. Land Use The property sits at the northeast corner of Elm Street and County 39. To the cast. north, and northwest of the site, all land is occupied by single family residential. Directly to the east, a neighborhood of attached twin homes extends to the east along 5th Street. To the south and west is the City's public works facility. As noted above, the PZM District is intended to provide for a transition from higher intensity to lower intensity uses, including a mix of business with, typically, higher density residential uses. While a real estate office can be a relatively low intensity business use, the area is dominated by low density residential development. and an office use in this location would not appear to be consistent with the intent of the district. . Parking Professional Brokers Reality, Inc. has proposed a future parking expansion of two thousand six hundred and ten (2,610) square foot parking lot that would replace the existing one thousand eight hundred (1,800) square foot residential driveway. The submitted application states that 5 c-- I 'b Council Agenda - 8/22/05 . the existing residential driveway accommodates five (5) off street parking spaces. According to Ordinance for off street parking, profcssional offices require three (3) spaces plus at least one (1) space for each two hundred (200) square feet of floor area. According to submitted materials, the applicant has not indicated the number of proposed parking stalls. As condition of pcrmit approval, applicant must provide a site plan drawing drawn to scale indication the location of off street parking and loading spaces in compliance with the requirements in Section 3-5,3-6. The following calculations demonstrate minimum parking requirements for this establishment: · 1,643 squarc feet floor area x 10% /200 = 7 parking spaces + 3 parking spaces 10 total required spaces It would not appear that the required 10 spaces could be accommodated in the parking area as proposed on the plan. The existing material of the residential driveway is bituminous with no curbing. According to ordinance, all off street parking shall have a perimeter curb barrier around the entire parking lot not closer than five (5) feet to any lot line. . The Wright County Highway Department should comment on the location of the driveway that tronts Elm Street. Sign age According to PZM district Ordinance, the maximum allowable square footage of sign area per lot shall not exceed the sum of one (I) square foot per front toot of building plus one (1) square foot for each front foot of lot not occupied by a building, up to one hundred (100) square feet. Property owners may display one (1) pylon or freestanding sign and one (1) wall sign or two (2) wall signs total. As stated in the submitted materials, the applicants have indicated they would like to place one (I) freestanding sign that will front Elm Street. This sign would replace the existing house address sign that is currently in place. Landscaping / Screening The PZM district lists consideration of a Conditional Use Permit for a real estate oHice as follows: I. When abutting R-l, R-2, R-3 or PZR district, a buffer area with screening and landscaping in compliance with Chapter 3, Section 2 [GJ, shall be erected. . According to submitted application, the proposed expansion of the residential driveway to a parking lot will require the estimated eight (8) foot vegetated hedge to be removed. As eondition of permit approval, this edge must be replanted with similar materials to ensure proper screening is in place. In addition, the western property line facing the proposed parking lot is currently viewed by the adjacent property owners. Although there appears to be two (2) maple trees and five (5) low 5C - \q Council Agenda - 8/22/05 . growing junipers, there is not sufficient under story screening. As condition of permit approvaL this western edge of the proposed parking lot must be planted with under story vegetation to buffer between the real estate office and the adjacent residential home. B. ALTERNATIVE ACTIONS Planning Commission recommended alternative 2 below. Decision 1: Conditional Use Permit for a Commercial Office in a PZM Zoning District. 1. Motion approve the CUP, based on findings that the use will be compatible with the surrounding neighborhood, and meets the intent of the PZM District. This recommendation should be conditioned on the following items: a. Addition of curb around the perimeter of the parking lot. b. Construction of a parking lot to accommodate at least 10 parking spaces. c. Addition ofbut1ering at the perimeter of the site to comply with the City's bufferyard ordinance. d. Approval of the driveway location by Wright County. e. Landscape screening of the parking area from surrounding residential property and the public right of way. . 2. Motion to deny the CUP, based on findings as attached to this report in Exhibit Z. c. ST AFF RECOMMENDATION Planning Staff does not recommend approval of a Conditional Use Permit for a commcrcial office in the proposed location. The introduction of a commercial office use in this location is not consistent with the intent of the zoning district, which is to transition between highcr intensity commercial and residential uses. In this location, the dominant land use in the neighborhood is low density residential, mostly single family dwellings. Moreovcr, it does not appear that the site can accommodate the required number of parking spaces as rcquired by the Zoning Ordinance, and significant landscape but1ering would be necessary to bring the site into conformance with the buffering requirements. In summary, while the PZM zoning district is designed to potentially allow for a mix of residential and commercial uses, the purpose statement in the district directs that the surrounding neighborhood is to be of a much higher intensity of use to ensure compatibi lity. A neighborhood of low density, single family homes does not appear to be proper location for a commcrcial office use. D. SUPPORTING DATA . A. B. C. D. E. Site Location Map Applicant Narrative Site Plan Site Images Public Comment Letters (2) 5 L,.. dO Council Agenda - 8/22/05 . A. Applicant Rebuttal Letter Z. Exhibit - Findings of Fact for Denial . SC--~) . . Council Agenda - 8/8/05 5J. Consideration to authorize the City Administrator to extend offer of emplovment to fill the new Buildin!!: and Code Enforcement Inspector position (FP/RW) A. REFERENCE AND BACKGROUND: The Council is requested to authorize the City Administrator to negociate pay and benefits for the new building and code enforcement inspector position, and to extend an offer of full time employment to fill the new Inspector position. To date, the city staff with representation from the City Council conducted interviews and have narrowed the forty nine [49] candidates down to four highly qualified candidates. From the second interview on Thursday August 4, 2005, the interviewers have determined to which candidate an otfcr should be extended. A copy of the job description is attached. Some minor adjustments may be made to the final job description subsequent to acceptance of the position. With the staff addition, adjustments may be made to the work duties and job descriptions of related positions. Those changes will likely include changing and updating the job description for the Building Inspection Technician. . B. ALTERNATIVE ACTIONS: I. Motion to authorize the City Administrator to negotiate pay and benefits for the new building and code enforcement inspector position, and to extend an offer of full time employment to till the new Inspector position. 2. Motion to not authorize the City Administrator to negotiate pay and benefits for the new building and code enforcement inspector position, and to not extend an offer of full time employment to fill the new Inspector position. C. STAFF RECOMMENDATIONS: The City Administrator, with a strong recommendation from supporting staff, recommends Alternative # I. D. SUPPORTING DATA: . Job Description - Building & Code Enforcement Inspector . ~ SJ - 5 d , ~ ~ g 1f~ r:l u~ ~.o:; 0 "2~ . - , , c . . o . ]:!~ ., . .!<,c'" o~ --;,:;:'-' 0 ~~ . ' , -g:i?,g " ~ .~s S': ii Zl-J ~~- ~~' , '.- g ~,S c" , . I u . ~~,~ ~~ g~ a ~.~J; ~ ..,:S I o <\j'i -~" ,- ,,, "" c-" *'~~ '" . . :So 0 ~ I ~~t 0"- ," . ~l I . - . u" c~ , " o " ~ " .c. ~~l ~ ~~ ' .~tci'< ~ . 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I,' I~ :r....;,-- 't I ~0-...Q ~) ~j.., c:- ~I"- ill ,.......... <ll!'!..OO"Oi ~r-- 01 !I , I ;21 o'J,~ nl .j-'Oo",}i iil t;>\/\c ~.IL_'?-~ " 174.74 \ " \ ...."" \.... \ 00>. \ \ .. - -110 ~ ";; g I\'O~ 2 . . 3lIV'J 17/, -,-' o ] . ~. % 'c" .~ ~ LJllf01:ld 9 3 S~'v~ H SL.I1~ O~'g 3-9'9 0 Z t.O ~ ..:J " 0' ~ " ~ ~~ ^, s: C- <l~ . . . Professional Brokers Realty. Inc. - Conditional Use Permit Application 505 Elm Street. Monticello. MN Professional Brokers Realty. Inc. (PBR) is an S-Corporation registered in the State of Minnesota Major stockholders are: Leticia A DeChene Fulda Lisa A Martin Licensed Realtor Licensed Broker 50% 50% Professional Brokers Realty, Inc. (PBR) is requesting a conditional use permit for the existing property located at 505 Elm Street. Monticello, MN legally described as Lot I, Block I Griefnow Addition for use as a real estate office. The building is on the comer of County Road 39, faces Elm Street, and is zoned as PZM. Neighboring businesses are City Public Works Building on Co Road 39 and the American Legion on Elm Street. Refer to Exhibit A - Views The dwelling was built in 1969 with 1,643 total above ground finished square footage and an attached 2-car garage. There are 3 entries to the above ground level; Main, Rear, and Interior Garage. Refer to Exhibit B - Entries The hours of operation will generally be Monday through Sunday between the hours of 9am- 5pm. The building will not be occupied on a regular basis since the majority of business is completed out of the office. PBR does not currently have employees, but may employ an office administrator within the first year. There will be very limited traffic, usually no more than 1 or 2 cars at a time. As an exception, there may be up to 6 cars with on-site real estate closings 2 or 3 times per month for a short period of time. There are currently 5 off-street parking spaces with room to expand parking and accommodations. Refer to Exhibit C - Parking Lot The dwelling is setback from Co Road 39 on the North is approximately 60 feet. The dwelling setback from Elm Street on the East is approximately 40 feet. The dwelling setback from neighboring residential property on the South is approximately 80 feet. The dwelling setback from neighboring residential property on The West is approximately 30 feet. Existing utilities that service the building will not be changed with the exception of adding one or two more incoming telephone lines and PSL internet serviced by TPS Telecom. Existing building elevations will not be changed with the exception of adding handicap entry accessibility on the Rear side. Refer to Exhibit B - Entries Landscaping that currently exits on the property will be kept intact and maintained with the exception of possible future expansion of the parking lot which would involve removing line of shrubbery. Refer to Exhibit C - Parking Lot and Exhibit D - Landscaping RECF"~- JUl \l 5 L005 CITY Or . 5c.~d3 . . . Professional Brokers Realty. Inc. - Conditional Use Permit Aoolication 505 Elm Street. Monticello. MN - oal!:e 2 Existing sign posts on property in front of the building are 56 inches apart in width and 36 inches in height. PBR would like to convert to a business logo sign measuring 36 inches in width and 23 inches in height. Refer to Exhibit E - Signage Thank you for your time in reviewing this application. Sincerely, Leticia A DeChene Fnlda Lisa A Martin Professional Brokers Realty, Inc. PO BOX 1649 Monticello, MN 55362 (763) 271-3000 (763) 271-3001 fax sc - ~Y .l lUH,'~~lVll(U .L.HUl\.\..<l;) .l'\.\.iCU"'y, U1\.' - vUUUl11UUQ,l l,J~v r IVIUIU - JV.J Lllll ..:JL1~IVh JYIYUUI..IIVUU, IVll'\l Exhibit A - Views . Main View East side of buildillg / Elm Street North side of building / CR 39 . ~, West side of building / Propelty Line . South side of building / Property Line SC-d-5 rlU_H;;:S~j1UW;U DIUl\.CnS .l:'..C(i1LY, HJ,", - \,A,JJJUUJUJUU \"J:SC rCJJJJJl- JVJ .cUU .::H.JCCl, lV.llJUUvvllU~ lVli~ Exhibit A - Views . Main View East side of building / Elm Street North side of building / CR 39 . ~1 West side of building I Property Line . South side of building I Property Line 5 c. - d~ rlUH;:S~)1UllC1J DJU.K.CJ:-i- .I\..CdUY, HJ\,; - ,--,VHUIUUUdl U:sC rCJUUl - JVJ DUH 0Ut;;t;;;h J.V.lVllUI."C;UV, J.Vli'lj . . . Entry Main Exterior Entry Rear Exterior Exhibit B - Entries Entry Main Exterior . .~-..~.._. _:;'{'.'),~;'X.f{X: .'. ;"'--', -.'.- ,""---'-, . -...'...'....---,-.:,'. >''-----<.,''-.--.. "....0' .>~< ;-;;"":;'.\.'--'. Entry Rear Exterior Entry Main Interior Entry Rear Interior s C ~d-l r lUlC~':;JUUd.1 .DIUflo.~I;::) ftt::4U.Y, HI'" - L-UJlUIl.H,JJl(:tl V:;it:: rt::llUU - ,)U.) .cUJl ;)U~t::L, IVl()IlLlt;~Ul), IVli'l Exhibit C - Parking Lot ,'1"""'f;:Ff\ W':'::'< . Parking Lot Driveway Parking ;Lot #1 . Parking Lot #2 Parking ;Lot Driveway & Parking ;Lot #2 / Expai1Sion . Parking ;Lot East Landscaping / Expansion SC - 'd-?) rlUlC:):SlUl1~U DIU1\J;;:a ~ E\.cquy, .111\,1 - vVU\,.LlLiVUQ.l V;:)\,I..L \,IIJ.UU - ..JV..J .LJ1J.1J. uu.........", H.I.'UUU..........uV, .....w- ~ . . . Exhibit D - LlIndsClIping Landscaping SE side building / priveway 8l Elm Street Landscaping East side building / Elm Street Landscaping NE side building / Elm Street 8l CR39 sc~ d~ .r lUlC~~lUllal lllUl\..Cl:S .I'-C4UY, .ill\,.. - '--'UllUlUV1141 U:Sli;; -!"CllllH - ,JVJ DUll ":)llli;;li;;~> lVlUll11v~l1L1. lVll"l Exhibit D - Landscaping Page 2 " Landscaping North side building f CR39 . . Landscaping NW side building f CR39 & west property line (Refer to Exhibit C - Parking Lot for additional SOllth and SE landscaping) . s C- ~ 30 . . . rroresslonal tlroKers Ke<jJry, me - L-onqItlonaJ use reITlln - ~U~ .DIm ~rreer, lVlOnnce110, lVli" Exhibit E - Signllge Existing Property Sigllage ~~ f/professionar ~. 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Dan Schreyer 723 W 5th Street Monticello, MN 55362 RE: 505 Elm Street To the planning committee, We received your letter for consideration of a request for a Conditional Use Permit to allow operation of a real estate office located at the above address. We want you to know how we feel about this. We moved to Monticello three years ago to get away from the big city and live in a smaller residential setting. Already we have found this location to be busier than we thought with all the traffic on Elm Street and County Road 39. We have been hoping that the city would run in Street through to Cty Rd 39 to eliminate a lot of traffic at this comer. Needless to say, we would not like to see any business in our neighborhood. With all the empty space in the business area and all the growing business west of town we are hoping that the planning commission does not see it necessary to have a business in every neighborhood. Thank you for your consideration in this matter. Sincerely, Dan Schreyer sc - 3 \0 . . . ~~. CProfessiona[ (j3ro~rs ~a[ty - PO Box 1649, Monticello, MN 55362-1649 Main Office (763) 271-3000 Fax: (763) 271-300] August 8, 2005 Dear Zoning Administrator, Council Members & Neighboring Residents: Re: 505 Elm Street Conditional Use Permit Prior to the City Council Meeting scheduled for August 22, 2005, we would like to appeal the Planning Commission's Staff Recommendation/decision and request reconsideration for a Conditional Use Permit at 505 Elm Street, Monticello for Professional Office Use as a Real Estate Brokerage based on the following rebuttal: Findings of Fact by Monticello Planning Commission: I. The proposed use is located in a neighborhood dominated by low density, single family residential houses. a. We disagree with this finding due to the fact that the City Public Works Building is located across County Road 39 from the subject property b. We disagree with this finding due to the fact that the American Legion is located less than I block to the north of the subject property on Elm Street c. We disagree with this fmding due to the fact that a neighborhood of common wall homes is located across the street from the subject property d. We disagree with this finding due to the fact that the subject property lies in a Performance Zone Mixed zoning classification and lies in an area specifically outlined by City Officials to be an area approved for professional business use 2. The PZM District allows for business uses in areas of transition to high density residential or mixing of commercial and high density residential uses. a. We disagree with this finding due to the fact that that in a surrounding 10 block area you can find multiple high density rental apartment complexes, as well as common wall ownership units, commercial, retail, restaurant and bar businesses b. We disagree with this finding due to the fact that the subject property is already located on a high traffic comer which is sure to increase with the approval of new housing building pennit applications in the proposed development west of Monticello on County Road 39 ~) C - 31 Page 2 of2 Professional Brokers Realty . 3. The uses in the surrounding neighborhood do not support the conditions necessary for the introduction of a commercial use as required by the Zoning Ordinance. a. We request specific infoffilation relating to the requirements outlined in the Zoning OrdinaJlce that would address the conditions necessary for the introduction of a commercial use, and how this subject property does not support those requirements b. We disaf,'Tee with this finding due to facts outlined herein items la. through Id. 4. The property, if converted to business use, would not be able to accommodate the required parking supply as required by the Zoning Ordinance. a. We disagree with this finding due to the fact that a bid and proposal that could accommodate a minimum of 10 off street parking spaces as required by the Zoning Ordinance was presented at the Planning Commission Meeting on August 2,2005 b. We further disagree with this finding due to the fact that application has been made for a Variance request to maintain the parking spaces that currently exist without adding parking spaces unnecessary in the operation of this professional brokerage c. We agree with the neighboring property owners that it would be visually unappealing to convert the extensive landscaping and landscape buffering into a 10 space parking lot that will not be fully utilized with our intended use; we therefore would agree that a Variance would be most beneficial and agreeable to all parties . 5. The property requires significant buffering aJ1d landscaping to screen the use and activity from the adjacent residential property. a. We disagree with this finding due to the fact that the subject property is bounded on north, east, aJ1d west by 8 foot or higher mature shrubs aJ1d trees as illustrated in the photos submitted with application; and would only require approximately 60 feet oflaJ1dscape buffering to the west adjacent property b. We would further agree to comply with the reasonable requests of the west adjacent property owner to accomplish this buffering To address the concerns submitted by neighboring residents, we feel that our professional office in it's intended use, will be less disruptive to the surrounding community aJ1d produce less vehicular traffic than if we re-sold or leased the subject property to a four person family with teenage drivers. As women business owners, we will strive to be leaders in the community, serving with the highest professional, ethical staJldards, and encourage other women in the community to follow their entrepreneurial dreams. Thank you for your consideration, . / cl dlJb.. d \ /':;. .' -f , .' ) , '. r '" ,,~ 1%' -. .J.f)(h k/ i/L{ "~,~~,\\\(}J~W :teticia A DeChene Fulda ...... isa A MaJ1in Realtor / Owner Broker / Owner Fee Property Owner / Applicant SC~3'6 Planning Commission Minutes - 08/02/05 AS ORIGINAL. . MOTION CARRIED AS AMENDED. Frie asked Morrell to follow-up on whether the CUP was still valid as it related to continued use. 8. Public Hearing - Consideration of a reauest for Conditional Use Permit to allow a real estate agency in a PZM (Performance Zone-Mixed) District. Applicant: Professional Brokers Realtv . Grittman explained that the PZM district is a transitional district and is I ed to provide a transition area bet\veen high density residential and low density cOllll11erci an explained that the existing house faces Elm Street. In that area, the uses are minately single family, although he noted Public Works facility nearby. Grittman stat that staffs concern is that this site doesn't represent a true transition zone as outlined in the ordinance. The other concern is the parking irements for commercial uses. In this case, 10 spaces are required. The applicants have I that they do not believe they will need 10 spaces. Grittman commented that although t rcntly be accurate, the issue becomes that businesses grow. At that time, these I busier and they may need those spaces as business intensifies. Grittman noted es provide the parking, it may also come into conflict with the existing Grittman reviewed the staff report. Grittman began by statin single and two-family, as \vell as certain business uses as a The applicants are seeking a CUP to operate a real estat. structure. Grittman stated that for those reasons, staff recommending denial of the CUP, believing that the best use ofthis property is low densi Identia!. If the Planning Commission believes that the proposed use is permissible, rittman suggested making some recOl s to mitigate the commercial influence, such as buffering, landscapc area, ete. e public hearing. Leti COITII11I employee currently ope intent not to I in a home. ld Lisa Martin representing Professional Brokers Realty, spoke the icated that they own Professional Brokers Realty and are the only any, operating as real estate agents. Martin reported that they r facility as a home occupation. Martin explained that it had been their Ike cvery other agency, but rather to keep the ambience of the office being . Martin referred to staffs concern on traftic and parking. Martin stated that there will not be any other employees other than herself and DeChene Fulda. Martin indicated that ifthe Commission wants them to take the lawn and make it a parking lot, they will do so. Martin commented that as traftic increases along County 39, the property will become less attractive for single family uses. Martin stated that she believes the highest and best use will be low- intcnsity business. Martin stated that if the agency hires more agents, they would not office on this site. Martin noted how they would direct visitors to the site in order to alleviate l1eighbor~s concerns about traffic. 7 s c - 3~ Planning Commission Minutes - 08/02/05 . Martin also addressed the five fIndings ofdenia!. Martin refuted staffs belief that the area is dominated by single-family homes, citing the twinhomes, Legion and Public Work facility, all in immediate proximity to the site. Additionally, Martin stated that there would never be a time when the would be more than 3-4 cars in the driveway. DeChene Fulda addressed the Commission as co-applicant and owner of 505 Elm Street. DeChene Fulda reported that she had obtained a bid to extend tbe parking area, should it be required. Those plans show that there are II spaces possible. DeChene Fulda stated that some of her concerns mirror Martin's in that they are seeking to maintain a low profile, professional business. As far as buffering or landscaping, DeChene Fulda statcd that they are invested in the property, but do not want to invest $20,000 llllnecessarily into parking lot and landscaping. DeChene Fulda stated that in terms of future employees, perhaps in the future they may hire one office administrator. DeChene Fulda stated that the alternative to the CUP is to pursue this as a home occupation or rental situation. DeChene Fulda stated that they are willing to work with the Commission to adhere to any requirements required to pursue this item. mmiss!on. Lane eXplained that his land to see a parking lot happen. ,that when the City redid Elm ne recogn ized that there wuld onally does not want to see Ed Lane, 804 Golf Course Road, addressed th abuts the subject property. Lane stated that Lane noted that there is already a problem with Street, parking was only allowed on one side. Alt perhaps by more businesses in the area in the future, business in a single-family area. Hearing no further comment, Chairman Fric closed the pub I i . Dragsten asked stall if his is a CUP for business versus a home occupation, as a home occupation would ifferent regulations. Grittman confirmed that this request is for a CUP and that I s are allowed only as an incidental use to primary residential LIse. ley wou Id be I iving in the property. Martin liv e home. Martin noted that the property is already d large line of evergreens. Posusta asked DeCh ans\vered that they \\/Ot significantly buffered by Frie commented that he had no was I isted on the market. Ma d an Edina Realty sign was up on the property and that it 1 indicated that it was closed on today. Patch noted that the applicants had requested him to meet them at the property. In doing so, he had noted that it is an easy change to make the site handicap accessible. At that time. he also informed them of both home occupation and CUP requirements. Frie commented that while a real estate office may be low intensity use. it still needs to comply with the ordinance as provided. Frie stated that he does not believe the proposed se to be consistent with the ordinance. Frie stated thatthe fIve conditions outlined wouldn't allow for a low intensity use. . Frie also made noted of his concerns regarding traffic at the corner of Elm Street and County 39. Frie stated that if there is ever a time that the City needs to do something about controlling an intersection, this is it. Frie indicated that with Heritage Development's plans, and the construction of Chelsea Road, this are will not get better, nor would another business in the area help the situation. 8 S c.. - "--\ 0 Planning Commission Minutes - 08/02/05 . Posusta agreed, stating that he disagreed on the same grounds when the City wanted to build its structure in a residential neighborhood. Frie asked if traffic in this location is a County issue. Grittman confirmed. Grittman indicated that he will carry Frie's concern forward. Patch eXplained that Council would like 7th Street to run through from County Road 39 through to the Highway 25 and 1-94 intersection. This corridor should be taken into consideration regarding traffic concerns and growth in the area. Dragsten stated that with Chelsea going through in the future, the proposed alignment referred to by Patch would alleviate a lot of traffic. Posusta agreed, stating that a study should e done on this item. although construction may be premature at this juncture. tually hurt the property. nerate more traffic t can be done in .oning business Dragsten stated that he is questioning whether an approval He commented that a family offour at this location wo than this proposed use. Dragsten inquired whether there omethl hetween to achieve the applicant's and the Commissions goals, such a hours. Frie noted that while that may be possible, the fact is that the plan for the use to meet code requirements. MOTION BY COMMISSIONER FINDINGS OF FACT AS A TT AC RECOMMEND DENIAL BASED ON THE THIS REPORT IN EXHIBIT Z. . MOTION SECONDED BY SPAR DISSENT. Dragsten stated that his dissent is due t approach possible and encouraged the ap alternatives. e fact that he believes there is another t to talk with staff about other . 9 sc~'---\\ . . . Findings of Fact for Denial Conditional Use Permit for Commercial Office in PZM District 505 Elm Street I. The proposed use is located in a neighborhood dominated by low density, single family residential houses. 2. The PZM District allows for business uses in areas of transition to high density residential, or mixing of commercial and high density residential uses. , ~. The uses in the surrounding neighborhood do not support the conditions necessary for the introduction of a commercial use as required by the Zoning Ordinancc. 4. The property, if converted to business use, would not be able to accommodate the required parking supply as required by the Zoning Ordinance. 5. The property requires significant buffering and landscaping to screen the use and activity from the adjacent residential property. 5(:"-- '---\ ~ Council Agenda - 8/22/05 5D. Consideration of a request for an amendment to the Monticello Zonin!?: Ordinance as it related to ioint parkin!?: and drives and parkin!?: lot setbacks. Applicant: Citv of Monticello (NAC! AS) . A. REFERENCE AND BACKGROUND The Planning Commission reviewed this item at its August 2nd regular meeting. After a brief discussion regarding the impacts of the amendment, the Commission recommended approval of the ordinance amendments. A draft copy of the minutes of Commission's discussion regarding the amendment is included as supporting data. It should be noted that the proposed amendment language below does include Public Works Director Simola's recommendation for slight modification to the language for parking lot setbacks, as noted in the Commission minutes. The City has experienced several issues with the location of parking and curbing in commercial areas over the past few years. With the addition of new utilities in the "joint trench" design, several parking lot locations, meeting the current 5 foot setback standard, have resulted in a shortage of area for utility installations, and other problems. . A second issue related to parking lot setback has been the processing of commercial parking areas where adjacent commercial projects are seeking internal cross-access or shared parking lot designs. In these cases, the only process available under the current zoning regulations has been by PUD. However, in most cases, PUD is a cumbersome procedural requirement for projects that are requesting nothing more than an alternative parking lot design. It should be noted that it is possible that property owners may object to the increased parking lot setback, due to the potential loss of usable property. The attached amendment is designed to resolve both problems. It would accomplish the following: 1. Increase the parking (curb) setback from a flat 5 feet to a distance equal to the width of the drainage and utility easement. In some cases, this is six feet, and in most cases adjacent to the street. the distance would be twelve feet. This area would provide for easier utility installation and increase green space at the perimeter of the commercial parking lots. 2. Provide for cross-driveway accesses of up to 24 feet in width (the standard driveway width) as a permitted use, without regard to the curb setback requirements noted above. This provision would allow these access points without the need for special planning applications or processing. . 3. Provide for full shared parking lots without regard to the curb setback by CUP, eliminating the need for a PUD in such cases. This process will be easier to administer, and the language of the proposed amendment includes specific conditions for reviewing the shared parking lot design. Below is the proposed amendment language. Joint parking facilities and the conditional use process for join parking are also covered by section 3-5 I, which does not require amendment. 5 D - ~3 Council Agenda - 8/22/05 . 3-50.9.(0) CURBING AND LANDSCAPING: Except for single, two-family, and - < townhouses, all open ofl~street parking shall have a perimeter curb barrier tJ JJ l;f I'" 0 around the entire parking lot, said curb barrier shall not be closer than five (5) ~ six (6) feet to any lot line as measured from the lot line to the face ofthe curb n addition. no parking area mav be located upon a public drainage and/or utilitv easement on a public street. Grass, plantings, or surfacing material shall be provided in all areas bordering the parking area. An exception to the setback requirement shall be grantcd in Business Districts where adjoining businesses provide for private cross access between parking lots. In such cases. driveway curb cuts UP to 24 feet in width shall be permitted. Adioining business properties may share full parking access of more than 24 feet with no curb barrier bv Conditional Use Permit provided that: 1. The required landscaping and island areas within the shared parking lot meet the combincd minimum as required bv this Ordinance. 2. The parking lot meets the required setback at the pcrimeter of the parcels in question. 3. The curb cut access locations to the parking lot(s) are approved by the Citv Engineer. 4. A shared access and maintenance agreement is provided by the propertv owners and recorded against all subiect properties. . B. AL TERNA TIVE ACTIONS The Planning Commission recommended alternative 1 below. Dccision 1: Zoning Amendment to Section 3-5 0.9.(0) I. Motion to approve the amendment, based on a finding that the amendment provides for bettcr parking lot design and public utility improvements. 2. Motion to deny the amendment, based on findings to be made by the City Council. C. STAFF RECOMMENDATION Staff recommends approval of the amendment as discussed in this report. D. SUPPORTING DATA . A. Supporting City Ordinances - Parking Setbacks B. Draft Planning Commission Minutes for Related Item SD- '-\~ . . . City of Big Lake Chapter 10 Zoning Section 1030 - Off-Street Parking & Loading Subd.9. Curb Cut Separation. Driveway access curb openings on a public street except for single and two family dwellings shall not be located less than forty (40) feet from one another. Subd. 10. Curb Cut Proximity to Intersection. With the exception of the R-5 Zoning District, no curb cut or other driveway access shall be located less than sixty (60) feet from the intersection of two (2) or more local street rights-of-way. In the R-5 Zoning District, no curb cut or other driveway access shall be located less than forty (40) feet from the intersection oftwo (2) or more local street rights-of-way. This distance shall be measured from the intersection of lot lines, not curb lines. Curb cut or other driveway access locations on County, State or Federal roads shall be as required by the applicable permitting authority. Subd. 11. Parking Area Grades. The grade elevation of any parking area shall not exceed five (5) percent unless approved by the City Engineer. Su bd. 12. Driveway Access. Each property shall be allowed one (I) driveway access for each one hundred twenty-five (125) feet of street frontage. Single-family uses shall be limited to one (1) driveway access per lot. Subd. 13. Surfacing. All areas intended to be utilized for parking space and driveways shall be surfaced with asphalt, concrete or other hard surface materials, approved by the City Engineer, suitable to control dust and drainage. Driveway aprons shall be constructed and surfaced with either concrete or bituminous in compliance with adopted City construction specifications. Except in the case of single family and two family dwellings, driveways and stalls shall be surfaced with a six (6) inch class five base and two (2) inch bituminous topping. Plans for surfacing and drainage of driveways and stalls for five (5) or more vehicles shall be submitted to the City Engineer for his/her review and the final drainage plan shall be subject to written approval of the Engineer. Subd.14. Striping. Except for single family and twinhomes, all parking stalls shall be marked with white painted lines not less than four (4) inches wide, which stripping shall be maintained for legibility on a regular basis. Subd.I5. Curbing. All open off-street parking areas for five (5) or more vehicles, shall have a continuous perimeter concrete curbing, unless otherwise recommended by the City Engineer, around the entire parking lot, said curb barrier shall not be closer than ten ( I 0) feet to any lot line. The City Council may waive this requirement for future expansion areas provided a written agreement and financial security are provided by the applicant specifying the date at which the future expansion will take place. 1030.06: MAINTENANCE: It shall be the joint and several responsibility of the owner of the principal use to use and to maintain in a neat and adequate manner, the parking space, access ways, striping, landscaping, and required fences. 1030 - 5 s D - ,-\S L'-\.I'\..ll\.....LL:. Y 1. LAJ1'lU'H..J C::-L-~ 121 Vt:f-<-. - --0- - -- - Sec. 30-895. Setbacks. .' On-site parking and loading facilities shall not be subject to the front yard, side yard, and rear yard ; regulations for the district in which parking is located, except that I (1) In multifamily, commercial or industrial districts, no parking area, drive aisle or loading space shall be located within ten feet of any property lines, except that zero lot line developments may have parking that abuts the zero lot line property boundaries. Further, nonsingle-family residential uses located in single-family residential districts shall also be subject to these requirements. (2) In single-family residential zoning districts no driveway or parking area shall be located within five feet of a side or rear property line. (3) In the BP district, minimum parking lot setbacks are as follows; a. Front yard: 25 feet. b. Side yard: 20 feet. c. Rear yard: 20 feet. All setbacks shall be determined from the planned right-af-way as designated in the city, county, or state transportation plan, and normally defined in the subdivision regulations. (Code 1982, SS 900.12(16),900.24(4)) . . s \)- '--\ \0 ~ecnon 1 1.1 'j - un -~treet rarKlng Kequlrenlents t'age L or L is reviewed by the Planning Commission and approved by the Council. . 12. Surfacing. All areas intended to be utilized for parking space and driveways shall be surfaced with materials suitable to control dust and drainage. Except in the case of farm dwellings and operations, and single and two family dwellings, driveways and stalls shall be surfaced with asphalt or concrete. Plans for surfacing and drainage of driveways and stalls for five or more vehicles shall be submitted to the City Engineer for his review and the final drainage plan shall be subject to his written approval. 13. Striping. Except for single, two family, townhouse and quadraminiums, all parking stalls shall be marked with white or yellow painted lines not less than four (4) inches wide. 14. Lighting. Any lighting used to illuminate an off-street parking area shall be hooded and so arranged as to reflect the light away from adjoining property, abutting residential uses and public rights-of-way and be in compliance with Section 11.17, Subdivision 9 of this Chapter. 15. Curbing and Landscaping. Except for single, two family, townhouse and quadraminiums, all open, off-street parking shall have a perimeter curb barrier around the entire parking lot; said curb barrier shall not be closer than five (5) feet to any lot line. Grass, plantings or screening shall be provided in ail areas bordering the parking area. . 16. Required Screening. All open, non-residential, off-street parking areas of five or more spaces shall be screened and landscaped from abutting or surrounding residential districts in compliance with Section 11.17, Subdivisions 7 and 8 of this Chapter. 17. Adequate space for snow storage shall be provided on the site so as not to redllce the required minimum number of parking spaces. . s 0- '-\ , . . . 27 20-21-5: OT~&-lO 14. Lighting: Any lighting used to illuminate an off-street parking area shall be hooded and so arranged as to reflect the light away from adjoining property, abutting residential uses, and public rights-of-way, and shall be in compliance with Section 20-16-10 of this Chapter. 15. Curbing and Landscaping Except for agricultural, single family, two- family, townhouse, quadraminiums, manor home dwellings, and essential service uses within the INS Zoning District, all open, off-street parking shall have a continuous concrete perimeter curb barrier around the entire parking lot; said curb barrier shall not be closer than five (5) feet to any lot line except as approved by the City Engineer. Grass plantings and landscaping shall be provided in all areas bordering the parking area. 16. Required Screening: All open off-street parking areas of five (5) or more spaces shall be screened and landscaped from abutting or surrounding residential districts and uses, and the public right-of-way in compliance with Section 20-16-7 of this Chapter. 17. Snow Storage: Adequate space for snow storage shall be provided on the site so as not to reduce the required minimum number of parking spaces. In those cases where excessive snow cannot be properly stored on site, it shall be immediately removed from the site. 18. Driveway Turn Around: In the case of single family, two-family, townhouse, quadraminium, and manor home dwellings, which front on streets designated as collector, minor arterial, intermediate arterial and principal arterial by the City's Comprehensive Plan, the installation of a vehicle turn-around space, immediately adjacent to the access driveway is allowed and may be required by the City Council. Said space is to be no larger than ten (10) feet wide and ten (10) feet in length. Where possible, said space shall be located away from the principal structure and shall be no closer than twenty (20) feet from the street surface. Said space shall not to be utilized for parking or storage purposes. I. Signs: No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot or driveway. All signs shall be in conformance with Section 37 of this Chapter. MAINTENANCE: It shall be the joint and several responsibility of the lessee and owner of the principal use, uses or buildings to maintain in a neat and adequate manner, the parking space, accessways, striping, landscaping and required screening. 21-9 'S \) - '--\ 15 Planning Commission Minutes ~ 08/02/05 . 10. Public Hearing - Consideration of amendment to the Monticello Zoning Ordinance relating to ioint access and ioint drives and parking lot setbacks. Applicant: Citv of Monticello Grittman reviewed the staff report for the item, stating that the proposed ordinance related to parking lot design issues that City has been dealing with in plan reviews. The first issue related to the setback for parking area curb lines. The code's current requirement is set at a five foot setback. However, the City also requires six and twelve foot drainage and utility easements for lot and plat lines, respectively. What staff have found is that if parking areas are built to the 5 foot setback line, the parking lot is actually built right over the top of some utility installations. Grittmannoted that this problem has been increasing each year due to the amount and type of utility installations. Grittman eXplained th when a parking lot is built, there are occasions in which utilities need to go in, and th lot has to bc torn out, interfering with business operations. There are also rest issues between the developer, the utility companies and the City in terms of' for the restoration in those situations. Grittman stated that restoration is the prope . onsibility. Grittman indicted that the proposed ordinance provides a resolutio that it s the curb line setback to a location equal to the utility easement, keeping utilities ou rking lots. Grittmannoted that it has a periphery benefit of adding additional green s an aesthetic advantage. Grittman also noted that many businesses are already complyin nis in there site planning. . Grittman stated that the second issuc addressed by the proposed amendment rclates to joint parking. The current code require anned unit development for all joint access or parking situation, which can be a cumbersOl s for what is most often a simple site plan issue. Girttman eXplained that a PUD desig s that the City make findings that there is an extraordinary design advantage to j rittman reported that staff is suggesting that if the access and parkine ctive of lot lines, the request would need a CUP, rather than a PUD. I way, ap ants would also need to comply with typical ordinance requirements. A C does not accommodate the flexing of those standards as with a PUD. Grittman commented that staff believes that t e proposed changes enhance the utility of e circulation, and also reduce the reconstruction of parking lots. Staff I of the amendments. tion would resolve both joint parking, drive and setbacks. Grittman Dragstel rdinance setback was adjusted to meet the drainage and utility easement, rb lien would actually be. Grittman eXplained that in the case of interior lot lin ere the drainage and utility easements are set at six feet, the setback is not altered much a e back of curb would be at five and a half feet. It would be in the case of the exterior lot lines that the greatest shift would occur. Dragsten asked what the process would be for two adjoining parking lots. Grittman stated that the expectation would be that thc proposal would require the CUP process as noted. Chairman Frie opened the public hearing. . Simola stated that the proposed amendment would need a small amount of rewording to indicate that no parking may be located on drainage and utility easements adjoining a public street. Frie asked where that information would be applied spccific to the proposed ordinance that the Commission had in their packets. Simola stated that he change would be to the second page, second line. Simola stated that it should read "public drainage and utility 12 'S D- ~ ~ Planning Commission Minutes - 08/02/05 . easements adjoining a public street". Grittman noted the change and indicated that it would be restructured before moving forward to Council. Hearing no further comment, Chairman Frie closed the public hearing. Dragsten inquired how this amendment could impact the CCD with its zero lot lines. Grittman stated that the CCD has its own section requirements for parking applications. Dragsten confirmed it would not override those requirements. Grittman stated that the six foot setback would apply to the CCD as proposed, but joint parking was already allowed. Posusta asked Simola how wide the average City streets are. Simola stated that they are between 32' and 36'. Posusta stated that the reason he asked is that when he sold his property, the City bought an 80' easement. Posusta noted that if the street is 32' from curb to curb, that would leave 24' on each side of the road for easement purposes, and now the City is asking for more than that. Posusta stated that he is wondering how much property developcrs have to give up to accommodate ease me Simola responded that when talking about commercial properties such as those along l;loulevard, there is a 40' street within a 60' easement. In that case, by the tim e City adds street lights, the easement area is down to a 5' space between the strcet lig parkin reas for utilities. Frie noted that thc staff report had indicated that t which Posusta is an example. . Simola stated that utility placement has changed. In joint t si ations, utilities go in all at once. However, there are many cases where the utilities m t go in all together. Simola noted that utility companies, including Xcel, have asked to b easement arcas and be more protected. Simola noted that the 10' easement requirement is fairly common. However, it does make sense t 1e setback with the drainage and utility easement for consistency. approved, is there a possibility of dealing with the exceptions. ~ollld in some cases issue a license to occupy utility easement d to consider a variance for zoning issues in Frie asked i (;; Simola answere areas. Grittmall not some cases. MOTION BY SUCHY TO ON A FfNDING THAT THE DESIGN AND PUBLIC UTIL END APPROV AL OF THE AMENDMENT, BASED .NDMENT PROVIDES FOR BETTER PARKING LOT Y IMPROVEMENTS. MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED. . ]3 SO-50 5E. . - Council Agenda - 8/22/05 A rove Chan e Order No.1 for the Chelsea Road Extension 90th Street to CSAH 39 and School Boulevard Chelsea Road to 1 330 Feet South Pro'ect Ci . of Monticello Proiect No. 2005-lIC) (WSB) A. REFERENCE AND BACKGROUND: . . - The following change order items are described below: I. Clearin!! and Grubbin!!: An additional 2.5 acres of clearing and grubbing was added to address grading a future City lot located east of the existing wetland. 2. Sanitarv Sewer Joint Wrap: Due to higher than anticipated groundwater, a rubber wrap has been added to the manhole joints to provide a better seal for water infiltration. 3. Locator wire for forcemain: Public Works requested placement of locater wire along the forcemain in order to better locate the pipe. Typically, locating is completed by attaching to hydrants for watermain, but since there aren't hydrants or other markers for the forcemain. it is difficult to determine its location. The locater wire connects to the forcemain pipe and extends up to the ground level. Public Works will install a metal marker flush with the ground to locate the forcemain. The locater wire was installed every] ,000 feet along the forcemain at a total of four locations. 4. Remove Shed: City staff requested that R. L Larson Excavating. Inc. remove the existing shed on the recently acquired residential property (Rask), as it encroached upon the Chelsea Road right-of:way. The shed was on the Rask property that the City purchased to develop the industrial park. 5. Twelve-inch Watermain and Gate Valve: The location of the future l6-inch watermain extension to the Heritage development was moved to where the sanitary sewer stub for future extension was located next to the lift station. This resulted in replacing the J 6-inch watermain with 12-inch watermain along Chelsea Road from approximately the lift station location to CSAH 39. 6. Citv Conduit Crossin!!s: At tbe July 11,2005 City Council mceting, tbe Council authorized placement of conduit pipe crossings Jar development of tbe City's future fiber optic system. The Contractor Jar the project has given a price of $8.00 per lineal foot to furnish and install the conduit at designated locations. Public Works is also looking into supplying thc pipe to save on contractor costs. If this occurs, an adjustment in the price will be completed. 7. Topsoil Stockpile Removal: During grading operations, the Contractor placed topsoil material at the future Dahlheimer site (southeast corner of Chelsea Road and School Boulevard) currently under consideration for development and purchase from the City. At thc time. we were not aware that this site was to be developed this year. Initial meetings with Ken Streeter had tbe site located across the road at tbe southwest corner of Chelsea Road and School Boulevard. [n order to meet Dahlbeimer's scbedule for developing this property, the stockpile needs to be removed by August 18,2005. The Contractor cannot spread the material 1.....-..-,.,.1. /,"'(!fl<.I..I(;\ r,n,l_i'!..,.;."....!!":I!:,,, ,.r-(If.'."_'_',','5..;,., SE - 5 l . . . I Council Agenda - 8/22/05 within the boulevards and the remaining grading areas until the street has been constructed, which is scheduled to be complete by October 31, 2005. The stockpile will be moved across School Boulevard adjacent to the pond and 500 feet south of Chelsea Road. R. L. Larson Excavating, Inc. has agreed to move this material by time and material. We have estimated 52 hours for a cost of $27300. The Contractor will be paid the actual time it takes to complete the work. B. ALTERNATIVE ACTIONS: ]. Approve Change Order No.1 in the amount of $58,970.00 for R. L. Larson Excavating, Inc. C. STAFF RECOMMENDATION: The City Administrator, Deputy City Administrator, Public Works Director, and City Engineer recommend selecting Alternative No. I. D. SUPPORTING DATA: Change Order No. 1 Letter from WSB & Associates, Inc. (- '/l,.c.."".,,,_, "'''''ill".'~"."'..".",.,.,.,_,.,i..,."",, ( I',i.,,, -,i ,,':;,.'..gs'/C""I"""';'L 1'''''''1<,'' idc-," (IU:.,".JI;\ n',i_' 'i,,- ,.,.J(,(II'rw...".e('('l_Ii'._',',,_, ..,'" 5[-5 ~ . . . .. WSB & Associates, Inc. Infrastructure I Engineering I Planning I Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 August 17, 2005 Mr. Rick Wolfsteller, City Administrator City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 Attn: Dawn Grossinger, Deputy City Clerk Re: Change Order NO.1 Chelsea Road Extension (90th Street to CSAH 39) and School Boulevard (Chelsea Road to 1,330 Feet South) Street, Utilities, and Appurtenant Work City of Monticello Project No. 2005-lIC WSB Project No. 1338-13 Dear Mr. Wolfsteller: Please find enclosed Change Order No.1 (in triplicate) for the above-referenced project for your review and approval. The increase to the original contract amount is $58,970.00, resulting in a revised contract total of $2,721,368.38. This change order amount will be included with the next construction pay voucher processed. We hereby recommend that the City of Monticello approve Change Order No.1 for R. L. Larson Excavating, Inc. If you have any questions regarding the above, please do not hesitate to contact me at 763-287- 7162. Sincerely, WSB & Associates, Inc. ~~,:~.~/$ Project Manager Enclosures cc: Doug Moen, R.L. Larson Excavating, Inc. srb S l. 53 KNJH38.1Mdmi,MAm'''"o<rioo NJrI,in\LTR co J-, ""'ljs,dleT-fJ82205.dlX Minneapolis I St. Cloud Equal Opportunity Employer AUG-17-05 WED 09:24 AM RL LARSON EXC INC ~,J~-~O-~~~ l~;~~ FAX NO. 320 654 1021 P.02 .--.-----. P.I02/0$ . . CHElSEA ROADEXTnSlOH (1lOTlI STREET TO CllAH 39) ~D SC>lOOL BDUI.EVAIlD (<:HEt.SEAIIOAo TO 1,330 FEET SOUTH) STReET, ImL/TlES, AND APPURT~l\NTWOAI( CITY OFMDNTlCELLO PIlO.JECl" NO. 2OCS-lTC WSB PAO.JECTNO.I3311-1S 811212005 OWNER: CONTRACTOR: Cf1'Y onlONTlCELLO SOSWALNUT STREfl', SUITE 1 r.rormceuo,~" 55362 . II. !o LAflSON fXCAVATlNG, "'e. 2255 -12'Tl1 STFIElITSE ST. CLOUD; IAN S6ll04 . CONTRACT QUAN1lTIESARE MOOH'iEOASSHOIvN DNl1lE ATTACHED DErAIL. yotlMe OIREt."TEO TO MAKEl1lE FOLLOWING CHANGES IN THE CONTf'lAC"r COCliMEl.T DESCI1!~T'ON: IT IS UNDERSTOOD l1lA T TillS CHANGE ORDE9 INClUDES ALL ACDmONAL COSTs AND TIME EXTENSIONS WHICH ARE IN ANy WAY. SHAPE, OR FORM ASSCCIAT~O WITH THE WOR~ ELEM~NTS OESCRI8ED ASOVE. OttANGE IN CONTRACT PRICE: .CHANGE IN COIITRACT TIME: O"'Q'''AL OONT"ACT "RICE: PREVIOUS Ci'ANGE ORDEllS: N1A CONT"AC1"PRICS "RIOR TO THIS CHANGE ORDER: Ar-IET 'NCREASE OETHI5 OHANGE ORDER: . .CO~'TRACT PRICE WrlH AU. Al'PIlOVro CHANGE ORDERS: &<.662,398.38 $0.00 S2.~,3S83" SS8.970.OO $2.721.368.3!! ORIGINAL CONT~ACT TIM!;: NF.TCHilNI'E FROM PREvtOUS CHANGE OROERS: CONlIlACT TIME PRIOR fa THIS CHANGE ORDER: NET INCREASE WITII CHANGE ORDER: CONTRACT TIME W/Tli APPROVE) CHANGE OROERS: 71112006 NONE Tf1!'2f:J06 NONE 71112005 RECOMMENDED BY. \ '. ~'L~-,~ . .,1 I K. SISSON, P.E.. PFlChlECT MANAGER II ~"'" W~8 II AS$OCIATES.INC. ENGINIOER R. ... ~ON EXCAVATING, INC. CONTRACTOR A,f3PRQVE'O BY: ~N~ '& -17-().5 DATE CITY ArlMlMSTflA,l'OR . CATE . J(..",.w.,.,....,.In:Ic::IM~"""""'"ofta.",....,._..._~_..__ . 5E-SLj . DELETED ITEMS Item No. Description Qty Unit Price Extended Amount TOTAL DELETED ITEMS CHANGE ORDER NO.1 $0.00 TOTAL ADJUSTMENT TO ORIGINAL CONTRACT AMOUNT $58,970.00 5(-55 K:1D1338-13\AdmfnICollstructlon Admfn1733B-13 Change Order 1.x/sCOt Detail . . . 5F. Council Agenda - S/22/05 Approve Chanl!e Order No.1 for the Extension of Meadow Oak Avenue from the Current Termini to CSA" 18 (City of Monticello Proiect No. 2005-05C) and the Reconstruction of a Sel!ment of CSA" 18 and CSA" 39 for the CSA" 18/1-94 Interchanl!e Proiect (City Proiect No. 2004-IC) (WSB) A. REFERENCE AND BACKGROUND: The following change order items are described below: 1. City Conduit Crossinl!s: At the July II, 2005 City Council meeting, the Council authorized placement of conduit pipe crossings for development of the City's future fiber optic system. The Contractor for the project has given a price of $S.OO per lineal foot to furnish and install the conduit at designated locations. Public Works is looking into snppl ying the pipe to save on contractor costs. In addition. they have given a price of $6.00 per lineal foot to install the pipe for private utility crossings. Typically. the private utility company will supply the conduit pipe, therefore, the contractor only needs to install it. These items were not included in the original bid. 2. Fifteen-Inch Storm Sewer: Temporary storm sewer was added across CSAH 18 to provide drainage for the existing ditch until the permanent system is installed. 3. Street Swecllinl!: Street sweeping was required on CSAH 18 due to trucks hauling granular borrow material. 4. CSAn 18/39 Sil!nal Equipment Modification: MnlDOT changed the manufacturing company they use for signal equipment to Traffic Control Corporation from Brown Traffic. This resulted in additional cost to the Contractor. B. ALTERNATIVE ACTIONS: I. Approve Change Order No.1 in the amount of $9,875.00 for R. L. Larson Excavating, Inc. C. STAFF RECOMMENDATION: The City Administrator, Deputy City Administrator, Public Works Director. and City Engineer recommend selecting Alternative No. I. D. SUPPORTING DATA: Change Order No. I Letter from WSB & Associates, Inc. s'; ~ S\o ("'n'~il.''',''''i "',.IS,' ,,,.,,',,r,,.,,,.,-, ,,"".c','." (/"1.",,,,' .\',-.'..i".",-/,,-,,'/'''''''':' 1'''''-1-'''''' FiI ,,(1.'.1;.1',1';\ 111/-lk.-"i,."'_,(J"k.I'd',' II/ -.,,'S lilW'-';I-.'.'s_':ii5.d.." ... WSB . & Associates, Inc. Infrastructure I Engineering I Planning I Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 lei: 763-541-4800 Fax: 763-541-1700 August 17, 2005 Mr, Rick Wolfsteller, City Administrator City of Monticello 505 Walnut Street, Suite I Monticello, MN 55362 Altn: Dawn Grossinger, Deputy City Clerk Re: Change Order No. I CSAH 18 (School Boulevard to Meadow Oak Avenue), CSAH 39 (CSAH 75 to Hart Boulevard), and Meadow Oak Avenue (CSAH 18 to CSAH 75) Street and Utility Improvements and Appurtenant Work CSAH 18: County Project No. 86-18-061 CSAH 39: County Project No. 86-39-061 CSAH 18/CSAH 39: City Project No. 2004-01C Meadow Oak Avenue: City Project No. 2005-05C City of Monticello, Minnesota WSB Project No. 1627-03 . Dear Mr. Wolfsteller: Please find enclosed Change Order No.1 (in triplicate) for the above-referenced project for your review and approval. The increase to the original contract amount is $9,875.00, resulting in a revised contract total of $1,922,964.40. This change order amount will be included with the next construction pay voucher processed. We hereby recommend that the City of Monticello approve Change Order No.1 for R. L. Larson Excavating, Inc. If you have any questions regarding the above, please do not hesitate to contact me at 763-287- 7162. Sincerely, Enclosures . cc: Doug Moen, R.L. Larson Excavating, Inc. Nancy Hanzlik, WSB & Associates, Inc. S~- S I K:VJ1627.()MdmilMJocsV;J'JI: co I., wmf.WI..r-081205.doc Minneapolis I St. Cloud Equal Opportunity Employer srb ., Vv "...1.1 UV'''t! Jill 1\J... J..IU\.....Vll l..ilV U1V f"lU.J-.:. r-~ 1;:,1~~:04 'Jill IIV, .....I-V VV, . v..... p.!Zl2/@3 CSAH 19 (sc:HOOI. llOULEVARD 'to M OAK AVE"UEj, . esA~ 39 (CSAIi 75 TO 11&,", llOULEVAIlOl; AND . . MEAOOW.OAK AVENIlE(CSAIIIBTOCSAHTS). . . . STREET AND tlTl1.1TY IMPROVEMENTS AND APPllRTE"~ WOAI( CSA~ 18: C:OUN'IY PAOJEeT NO.ll6-1&c51 CsAffSs: COUNTY PROJECT NO. 8ll-39-O~ . OSMi 11l/CS1\1l38: CITY PROJECT NO. ~IC MEADOW OM AVENUE: CITY PROJECT NO.2005.csc WSB PROJECT NO. 1527-ca OWNER: CDNTIlACTOR: CllY OF ~otmCELLO so, WALilUT ST'REET, SUITE I MONllCEl.lO, MN !i53ll2 R. L LARSO,. ncAVAT,,.tl.INC. l!2Ss . I%TH !!fREEr lIE 51. a.DUD, MN 68304 You AI1E OI~ECTED TO MAl<E THl; FOllOWI,.G CHA.'lGES IN THE cotrmACT DOCUMENT DESCRIPTION: CON'TFlI\CT QUANTfTlES ME MOOlFlED lIS SHOWN ON THE ATTACHED DETAIL l1'IS.UNDEFlSTOoo.THAT THIS CHANGE O~ER lNCLUDES All. ADDITiONAL COSTS AND TIME EXTENSIONS WIllCH ARE IN ANY WAY. SHAP!;, OR FORM ASSOCIATED WITH THE WORK ELefeNTs ~FlleED AaOVE. CHAfIIGE.lN CONTRACT ,RICE: CHANGE IN CONTllACT TIME: ()RIOINAL CDNTRAcr PI'TICE: PREVIOUs CHANGE ORDEI'TS: NIA -=NTRIICTPFlICe FRIOFl TO Tl1lS CHANGE ORDER: N~I iNCilEASl; OF Tlils CHANGE ORDER: CONTRACT """CE WITH AU. APPROVED CHANGE OADERS: . SI,S1M89AO ORIGINAl. CONTAACT11ME: so,OO NET CIiANIiE FROM PREVIOUS CHANGE ORDERS: $T.S1J,OB9..0CONTAACTllME PRIOR TO THIS CflAiIlGE OADER: :19.875.00 NET INCR".ASE wrrli CHANGE ORDER: $1.922.964.40 wN'rFiACT 11ME WITH APPROVEt> OliANGE ORDERS, 91112005 NONE 9/1/2005 "DAYS 911 at2005 '~.~ t . . COI'ITRAt;TOR SIGNATURE -- WSll&ASSOClATES; INC. ENGINEEFI A.I.. LARSON exCAVATING, INC. CONTRACTOR . s ~ -s 3' -"W~..J;J;~ tj} 1/7/0'5 OAre CITY ADMlNlSr~^ TOR DATE K.~<<2~~iIIf:lPoD~~,.v.rco., . . . CSAH 18 (SCHOOL BOULEVARD TO MEADOW OAK AVENUE), CSAH 39 (CSAH 75 TO HART BOULEVARD), AND MEADOW OAK AVENUE (CSAH 18 TO CSAH 75) STREET AND UTILITY IMPROVEMENTS AND APPURTENANT WORK CSAH 18: COUNTY PROJECT NO. 86-18-061 CSAH 39: COUNTY PROJECT NO. 86-39-061 CSAH 18/CSAH 39: CITY PROJECT NO. 2004-01C MEADOW OAK AVENUE: CITY PROJECT NO. 2005-05C WSB PROJECT NO. 1627-03 ADDED ITEMS Item No. Description 151 F&14" NON-METALLIC CONDUIT FOR FUTURE CTY FIBER OPTIC CROSSINGS 152 INSTALL 4" NON-METALLIC CONDUIT FOR PRIVATE UTILITY CROSSINGS 15" CMP CULVERT 153 154 STREET SWEEPING 155 CSAH 18/39 SIGNAL EQUIPMENT MODIFICATION TOTAL ADDED ITEMS CHANGE ORDER NO.1 DELETED ITEMS Item No. Description TOTAL DELETED ITEMS CHANGE ORDER NO.1 TOTAL ADJUSTMENT TO ORIGINAL CONTRACT AMOUNT Oty 191 697 94 4.5 Oly 8/12/2005 Un 11 Price Extended Amount L1N FT $8.00 $1,528.00 L1N FT $6.00 $4,182.00 LlN FT $22.00 $2,068.00 HOUR $125.00 $562.50 LUMP SUM $1,534.50 $1,534.50 $9,875.00 Unll Price Extended Amount $0.00 $9,875.00 5 I=- -,~~ ~ K:I01627-o3IAdmln\1627~ Change Order f.x/sCOI Derail . . . Council Agenda - 8/22/05 5G. Approve Chanl!e Order No. I for Meadow Oak Park Storm Sewer Outlet and Appurtenant Work and I-94/Sunset Ponds Water main Improvements and Appurtenant Work (Citv Proieet Nos. 2004-09C and 2004-IOC) (WSB) A. REFERENCE AND BACKGROUND: The excavation work completed as part of this change order included replacing a wetland that was tilled as part of the 2004 Area 2 Core Street Reconstruction Project. The 2004 street project (City Project No. 2004-06C) replaced trails and culverts along a small existing welland, which had, received numerous complaints from neighbors and City Maintenance workers. Approximately 4,356 square feet of wetland was filled between the trail and existing homes on Oak Ridge Drive. The mitigation, or replacement wetland, created 8,712 squarc feet of new wetland at the nearby Meadow Oak Pond Park. Since the mitigation was not part of thc contract for the 2004 Street Reconstruction Project. it was added to the Meadow Oak Storm Sewer Project, which already had equipment in the park. B. ALTERNATIVE ACTIONS: 1. Approve Change Order No.1 in the amount of $2.935.63 for Yolk Sewer & Water, Inc. c. STAFF RECOMMENDATION: The Deputy City Administrator, Public Works Director. and City Engineer recommend selecting Alternative No. I. D. SUPPORTING DATA: Change Order No. I Lettcr from WSB & Associates. Inc. 5C.> - &;0 "dO,,, ,,,..,......,..:,,,.,I\,II'.'!e.,-,,I""''','i'' """',-,-('1.1.",,,,',' ",,-,");'iI.', .'ie,-'" 1.'.,\:.1',11,\ IF'.I_',I_ ,/"" {!".<J'"..-,s,....'..."'T.n..,'j..)-',1 '"~',,, ,,':' ;,,_, ,r" .. WSB . & Associates. Inc. Infrastructure I Engineering I Planning I Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 . . August 17,2005 Mr. Rick Wolfsteller, City Administrator City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 Attn: Dawn Grossinger, Deputy City Clerk Re: Change Order No.1 Meadow Oak Park Storm Sewer Outlet and Appurtenant Work and 1-94/Sunset Ponds Watermain Improvements and Appurtenant Work City of Monticello Project Nos, 2004-09C and 2004-lOC WSB Project Nos. 1488-61 and 1488-64 Dear Mr, Wolfsteller: Please find enclosed Change Order No.1 (in triplicate) for the above-referenced project for your review and approval. The increase to the original contract amount is $2,935.63, resulting in a revised contract total of $178,193.56. This change order amount will be included with the next construction pay voucher processed. We hereby recommend that the City of Monticello approve Change Order No.1 for Volk Sewer & Water, Inc. If you have any questions regarding the above, please do not hesitate to contact me at 763-287- 7162. Sincerely, WSB & Associates, Inc. A ~/ J!, ~J /f5h Shibani K. Bisson, P.E. Project Manager Enclosures cc: Debra Volk, Volk Sewer & Water, Inc. srb 5G-&;\ F:\Wp;I,'/Nv41J8.6N-TR co f-rW<>JfJleller.0lI2205.cbx: Minneapolis I St. Cloud Equal Opportunity Employer UO/~O(~UU~ ~~.~~ IU~~~~U~U~ t"1I.A.rJ.C-~:> 11:4"" P. 02/133 OAK PARk STORM_IA ounn AND APPUIl'ItNANT WClRXAND H4I8\III5&r PON.,. WATiRlIlAIN IMPROYIMINTll ANI! API'IIRTelANT WORK aN OF 1IOIf1ICI!L1.O PIIOJI!CT Noa.l/IIlM-4!lC AND:IIlG4-1OC - PROJIlCT N08.14lJ8.ll1 Am!'_ OWNIIR: CON1llACTCOR; CIIY OF IIIlIllmCEU.O - WAUl\lT8TII1!ET. ~ 1 IIOllTICEU.O, MN llli3I:I VOLKSl!WEA &WA~".lI'CC. 1566 WAIlD LAKIIIlIIIYe NW AHIlOVEA,IIN BS304 YOU ARE OIAECTED TO MAKi 'hi. FOlJ..OW1NQ CHANGES IN M CONTRACT DOCUMENT OESCflIPTlON; CON'TRACT QUANlITIEll ME MOOll'lED AS SHOWN ON THE ATTACHED Om-AlL IT IS UNOliASTOOI) THAT l'l1IS CHANOIi OODER INCl.lJOES AlL AOOlTlONAl. COSTS NIO TIME EXTENllfONS WHICH ARe IN ^~ WAY, SHAPE", OR f'<l1W AS9OCIA,TED WfTl1 THE Wot'l/( EI.SIEN'TS DESCRlfIEl) AIlOYE. CtWIGR III CONTRACT PIIICe: CllANGE IN ~l1loIE: 0lllQ1NAL CONTRACT PRlOE: PRe\IIOV8 CHANGE ORDERS; N1A 00NmACT PAICI; PRIOR TO THIS CHANGE ORDER: * INOfIEAIlE OF THill CliANGE ORDER: ~ PAtCE W1Ttl AU.i\!'PROVED CHANGE 0IlDER8: $l?S.2li7.G9 ORIGINAL CONTI'WlT TIME; $0.00 NET CHNlGE FROM PREVIOUS CIWlGE 0Il0Elle: $11S.257 Jl3 COIlTAACT nMli P1110R TO m6 CHANGE ORDeR: I2,II35.B:l Nl!T INCREASE WITH CHNIQE ORDER: $17Il.lllUfl COKTRACT TIME WfTl1 APPROVED CHANGE 00IlERS: llI1(l12O()S HOHlt &'1_ NOM; 1lI1_ AfCOMMalDED BY: ~J::m~ APPROV2n BY:: ~ '-f'l~~ . -PRr:iS/OGo<JT C. ORSlGNAT1.lfIE WSIlIl A8S0CtATES. INC. ENGINI!EI'l YOU< SewER 5. WATffi.INC. CONTRACTOR APPROYED BV; ~A-W~ CllY ENGINEER 9'17- 05 DATE CITY AOMINISTflATOA OATE . 5G,-\o.~ ~''''l'I&. R....,....o.rr.JlllCD-1 . . . IJII/I MEADOW OAK PARK STORM SEWER OUTlET AND APPURTENANT WORK AND 1.941SUNSET PONDS WATERMAlN IMPROVEMENTS AND APPURTENANT WORK CITY OF MONTICELLO PROJECT NOS. 2OD4.09C AND 2004.10C WSB PROJECT NOS. 1488-61 AND 1488.64 ADDED ITEMS Item No. Description Qty 31 EXCAVATION OF MEADOW OAK WETLAND FOR WETLAND MITIGATION TOTAL ADDED ITEMS CHANGE ORDER NO.1 DELETED ITEMS Item NO. Description Dty TOTAL DELETED ITEMS CHANGE ORDER NO.1 TOTAL ADJUSTMENT TO ORIGINAL CONTRACT AMOUNT 8/12/2005 Unit Price Extended Amount LUMP SUM $2,935.63 $2,935.63 $2,935.63 Unit Price Extended Amount $0.00 $2,935.63 5;G ~ 63 F;lWPWlM1488-64\EKcen1488-64 Change Order 1.xfsC01 Detail . . . Council Agenda - 8/22/05 5R. Approve Chan\!e Order No. I for the Parkin\! Lot Improvements to Pioneer Park and the Parkin\! Lot Adiaeent to the Monticello Library (City Proiect No. 2004-32C) (WSB) A. REFERENCE AND BACKGROUND: The contractor was requested to remove and replace the conduit for street lights to construct the parking lot. B. ALTERNATIVE ACTIONS: I. Approve Change Order No.1 in the amount of $450.00 for Buffalo Bituminous, Inc. C. STAFF RECOMMENDATION: The Dcputy City Administrator. Public Works Director, and City Engineer recommend selecting Alternative No. I. D, SlJPPORTING DATA: Changc Order No. I Lctter from WSB & Associatcs, Inc. 5\-\- \0'-\ ,':"i".u..,.....,,,_, ",,) '......, "" i.--"" eo'"""":,,.,, (},/." "i' ;;,,~,. h..,.,:,.,......\ f.',,,'.';,,, r",'_""U:.:'_I(;\ ii.i!-U.r"'-;/'k;c!.-.',('(!;.ji".'_"!,'.J_,, . . . ... WSB & Associates, Inc. Infrastructure I Engineering I Planning I Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 August 17, 2005 Mr. Rick Wolfsteller, City Administrator City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 Attn: Dawn Grossinger, Deputy City Clerk Re: Change Order No.1 Pioneer Park, Monticello Library Parking Lot Improvements City of Monticello Project No. 2004-32C WSB Project No. 1488-87 Dear Mr. Wolfsteller: Please find enclosed Change Order No. I (in triplicate) for the above-referenced project for your review and approval. The increase to the original contract amount is $450.00, resulting in a revised contract total of $97,413.00. This change order amount will be included with the next construction pay voucher processed. We hereby recommend that the City of Monticello approve Change Order No.1 for Buffalo Bituminous, Inc. If you have any questions regarding the above, please do not hesitate to contact me at 763-287- 7162. Sincerely, WSB & Associates, Inc. . ~~":~~~ Project Manager Enclosures cc: Greg Hicks, Buffalo Bituminous, Inc. s~-(og srb HWl'W/NV4IJ8.8N..TH co J., walf,relkr.(J82105.dm: Minneapolis I St Cloud Equal Opportunity Employer nUl> .LD ~UUJ t...;J...Jrlll AJG-15-2BBS IS: 02 UUI '1.1-..... U.I. I , P.03/04 ~ if r:t;~l;:.: / '~~J' ~': \~ !I !J' :, ~t \. ~",.j: ;.:r~:1 'f-I',!\ i['I~; ]:0!~t1m_~ '\:)i',f .~-~:~~?X!~~ i;~~~l :: ;:~ " t~~,}JM~l~ .;~" ~~ ~~ ~.':~I ,f Ilt~' :~'f~ '~! r::~ ~~ ;ll:~i,~!;,~\~:;~ ~I;J~}I;:' ~ln~;\~~ltt J ,{II hilt.:;I.:..L...."",",--- _J ~~_L__C:.[ii~".~~'J~Io~~""'~:J:I__...~\. .11Jl;tUd.l.lJJ1j_.IL.._.AJl..~",,----,-,-, II12/2OGS .-EEI! ""ilK, ..ONllCELLO UDIlAJIY PAll lONG LOT IMPROYIMINTS crtY OF MONT1CI!LLO PROJECT NO. 200<W2C WI. PIlOJeeT NO. ,-.., OWNER: CONTRACTOR: CITY OF M OHTlCELLO 50S WALNUT STREET. SUITE , MO~ELLO, Mill U31Z RUHA,O SrrUMINOUS,INO. P.O.IIOX 337 BUfPALO,MN 551'3 YOU ARE DiRECTED TO MAKE TH~ FOUOWING CHANGES iN THE CONTRACT DOCUMENT DESORIPTION: CONTRACT QUANTITIES loRE MODIF1ED AS SHOWN ON THE ATTACHED DEl lolL iT IS UNDERSTOOD THAT THIS CHANGE ORDER INCLUDES ALL ADDITIONAL COSTS AND TIME EXTENSIONS WHICH ARE IN loIN WAY, SHAPE, OR FORM ASSOClATEDWITH THE WORK HEMENTS DESCRIllED ABOVE. CHANaE IN CONTR"CT P"ICE: CHNlGE IN CONTIlACl'TIME: ORIGINAL CONTRACT PRICE: PREVIOUS CHANGE ORDERS, N1A c;ONTRI\CT PRlc;E PRIOR TO THIS OIiANGE ORDER, ~~'I\ICREASE OF THIS CHANGE OIlDER: C,_,W,CT PAICE WtTHAlL APPROVEIJ CHANGE OFlOEAS: $96,983.00 SO.OO $M,Qn.OO $oI~D.lXJ SS?413.DD ORiGINA, CONTRACT TiME: NET CHANGE FROM PREVIOUS CHANGE ORDERS: CONTflACT TIME PRIOR TO THIS CHANGE ORDER, NET INCREASE WITH CHANtilE ORDER: CONTRACT TIME VYITH APPROVED CH.o.NGE ORDERS' 7/1!12l105 NONE 7I1!l12l1OS NONE ?11_ APPROVED BY: ~ we 10 ASSOCIATES. INC. ENGINEER BUFFALO IllTUMINOUS, INC, CONTRACTOR APPROVED B~ W1~ CITY ENGINEER ~~17...oS D...TE CITY ADMINISTRATOR DAn S~-~~ ';IltPWlMI4IINN'XCaC'....'a... Gt* ".-ea.t . . PIONEER PARK, MONTICELLO LIBRARY PARKING LOT IMPROVEMENTS CITY OF MONTICELLO PROJECT NO. 2004-32C WSB PROJECT NO. 1488.87 811212005 ADDED ITEMS Item No. Description Price Extended Amount Oty Unit 50 TIME AND MATLS FOR RMVL AND RPLCMNT OF ELEC CONDUIT FOR STREET LGHTS LUMP SUM $450.00 $450.00 TOTAL ADDED ITEMS CHANGE ORDER NO.1 $450.00 DELETED ITEMS Item No. Description Price Extended Amount Oty Unit TOTAL DELETED ITEMS CHANGE ORDER NO.1 $0.00 TOTAL ADJUSTMENT TO ORIGINAL CONTRACT AMOUNT $450.00 S-\-\-~I F:IWPWlM14BB-8nEXCEL1f48B-87 Change Order f .xtsC01 Ceralf . . . Council Agenda - 8/22/05 51. Approve Chan!!e Order No.1 for Dan Olson On-Street Parkin!! (Walnut Street Between Third Street and Broadwav) (Citv of Monticello Proiect No. 2004-15C) (WSB) A. REFERENCE AND BACKGROUND: The construction of the additional on-street parking area on Walnut Street between yd and 4th Streets required the clcaring and grubbing of four boulevard trees that were originally scheduled to be removed by Xcel Energy. In order to complete the project on schedule, it was necessary to direct the contractor (Buffalo Bituminous, Inc.) to remove the trees in question. The owncr of the property, Dan Olson, agreed to this modification. The additional cost to the project is $1,200.00 for the removal of the trees. B. ALTERNATIVE ACTIONS: 1. Approve Change Order No.1 in the amount of $1 ,200.00 for Buffalo Bituminous, Ine. C. STAFF RECOMMENDATION: D. It is the rccommcndation of the Deputy City Administrator and City Engineer that Change Order No.1 in the amount of $1 ,200.00 be approved for payment. SUPPORTING DATA: Copy of Changc Order No. I Lctter from WSB & Associates, Inc. 5r(- to'iS .. {'{){'lIii"'iII.' UJd Sl'lliilgl"""U'!I.gms.l!ilg"!.('j,ruu,{ S<,liill){;"/cllIi"m,n ime/II"f hl"s ()f.A:.~".,'(;S Iffl/-A!,!,"riH'! '(JI-I)8~]ii5."(J' .. WSB Infrastructure I Engineering I Planning I Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 . & Associates, Inc. August 16, 2005 Mr. Rick Wolfsteller, City Administrator City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 Attn: Dawn Grossinger, Deputy City Clerk Re: Change Order No.1 Dan Olson On-Street Parking (Walnut Street between Third Street and Broadway) City of Monticello Project No. 2004-15C WSB Project No. 1488-44 Dear Mr. Wolfsteller: . F.",WPW,,,.v4IJB.u.LTR co l-r wa1f'IJ!Uc,.lNlnos.doc Minneapolis. St. Cloud Equal Opportunity Employer Please find enclosed Change Order No.1 (in triplicate) for the above-referenced project for your review and approval. The increase to the original contract amount is $1,200.00, resulting in a revised contract total of $23,248.75. This change order amount will be included with the next construction pay voucher processed. We hereby recommend that the City of Monticello approve Change Order No.1 for Buffalo Bituminous, Inc. If you have any questions regarding the above, please do not hesitate to contact me at 763-287- 7193. Sincerely, WSB & Associates, Inc, ~~~I'::.:7~/ ~ Senior Project Manager Enclosures cc: Greg Hicks, Buffalo Bituminous, Inc. . srb S'l - \o~ - - Hug l~ CUU~ lU:~cHn tlU~~HLU Dll ALG-12-2005 17:43 IC~OOC.C...Jc.c.. ".u P.I32/B3 t ", jllrtWjl,n~:~',' 1(~ll""~111(1..tl'l' '~t""~-I'I'lllil~ '-".c.'!o,'T!i',o..; \.:.:,'-L"~ 11'1.: ~\I'I"~~r': "1,' ~I J'I'~: ;",,-{\o,"," ,# I f".'Ij ," II ~\ 1"11. ~" ll'~r ' 'j Ili!';"i. - 'J?_~:;"< ' 1':':'''''',.1," -; ",~)\.'I"::I,I.':;.:~ t,! P, :;\J: ~ ',; 'j ;1:1.1 j, I ' J--~...._ .._ 1,1_ ('(,I ....'..~~4....:......~ _.:..:.c..:.,;l..:L.;.o.....t..:J.~,...:..::.I .,....).!....,,,:_~~~.~L-'-'-.......J_~,:<.J"'I.._I..~... ~,__~.J,- OAN OuaON ON-8TlIEET 'ARKING WALNlIT 1l"Ill1!!T (BElWEm THIRD STFII!ET AND IlI1OADWAY) ern' Of' NDMT1CI!L1.O PROJECT NO. 2II0...1'C WSII PADJIICT NO. ,.._ J"~Y :18, =05 OWNER: CONTRACTOR: CITV O~ MClNT1CE~~O !lOS WALNUT ITIIEET, S\lITE , MONlICEUO, MN 55:162 DUFFAL.O BITUMINOUS-INe. p.o. BOX 157 IW'FAUI, UN 55513 YOU ARE DIRECTED TO MAKE THE FOUOWING CH-'JIlGES IN THE CONTRACT DOCUMENT DESCRIPTION: CONTRACT OUANTmES ARE MC;IOIFIEO M SHOWN ON THE ATTACHED lliTl\lL. ITlS UNDERSTOOD THAT nus C~GE ORDER INC,UOES Al.~ AOOI'TlO~ COSTS AND 11ME EXTENSIONS WHICH ARe IN ANYWAY, SHAPe, OA FORM IISDOClATED WITH THE WORK ElEMENTS DESCRIIlED ABOVE. CIIAHCI! IN CONTllACT PRICE: CtlANGE IN CO~TR"CT"ME: ORIGlNA~ CONTRACT PAICE: PREVIOUS CHANGE ORDERS: NIA CONTRACT PI'IICE PRIOR TO THIS CHANGE ORDEA: ~ INCREASE OF THIS CHANGE ORDER: W\mlAcr PFUOEWITH A~~APPROVED CHAIIlGE ORDERS: I22,CM!.75 so.oo ~.Cl4f.l$ 11.Ieo.eo 123.246.1$ ORIGINAl. CONTRACT TIME (SUBSTANTIAl): NIiT CHANGE FROM PREVIOUS CHANGE ORDERS: CONTRACT 11M!: I'tlIOfl TO THIS CHANGE ORDER: NET INCREASE OF CHANGE OI'lO~: CONTRACT TIME WITH ""PPAOVED CHANGE ORDERS: emm04 NONE 11I21I304 NONE emma. RECOUMIiNDi~ BY, VJi 11.. g. KEVIN B. KAWLEWSKI, P.E., PROJECT MANAGER APPROVED BY, d-)::. ~,~ ~R SIGNATURE WSB & ASSOCIATES. INC. ENGINEER eUFFALO e~ous. INC. CONTRACTOR APPROVED BY: ~ ~1J~ CITY ENGINEER 16"'/7-05 DATE CITY AllMINIS11lATOFt DATE . 5 ri _ --r1J ~M'WWIlwr 16_~''''''C'D'''CDor . . . DAN OLSON ON-STREET PARKING WALNUT STREET (BETWEEN THIRD STREET AND BROADWAY) CITY OF MONTICELLO PROJECT NO. 2004-15C WSB PROJECT NO. 1488-44 ADDED ITEMS Item No. Deserl ptlon Price Oly Unit 18 CLEARING AND GRUBBING $300.00 4 EA TOTAL ADDED ITEMS CHANGE ORDER NO.1 DELETED ITEMS Item No. Oescri plion Oly Price Unit TOTAL DELETED ITEMS CHANGE ORDER NO.1 TOTAL ADJUSTMENT TO ORIGINAL CONTRACT AMOUNT JULY 29, 2005 Extended Amount $1,200.00 $1,200.00 Extended Amount $0.00 $1,200.00 5'1, '1/ Page 1 F:IWPWI1VI14B8-44\Excef\1488-44 co 1.x{sC01 Detail . . . Council Agenda - 8/22/05 5.1. Approye Final Payment and Accept Improvement for Dan Olson On-Street Parkin!!: (Walnut Street Between Third Street and Broadway) (Citv of Monticello Proiect No. 2004-15C) (WSB) ~ ~ JJ <' ~f ~S 10) I &P A. REFERENCE AND BACKGROUND: The construction of the project represented the creation of six additional angled parking stalls on Walnut Street between Third and Fourth Streets. The work included the removal of existing curb and sidewalk to allow for the construction of the new facilities associated with the project. All work and punchlist items relating to the project have been completed in accordance with the City of Monticello Engineering and Construction Standards. At this time, the Council is being requested to consider accepting the improvements as final and approving the final payment to Buffalo Bituminous, Inc. in the amount of$6,984.99 subject to receipt of the final paperwork including: . Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax. . Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured. . Consent of Surety to Final Payment certification from the contractor's surety. . Two-year maintenance bond. This represents all work completed in addition to the release of the retainage in accordance with the conditions of the contract. B. ALTERNATIVE ACTIONS: I. Accept the improvements and approve the final payment of $6,984.99 to Buffalo Bituminous, Inc. subject to receipt of the final paperwork noted in Item A above. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator, Deputy City Administrator, Public Works Director and City Engineer that the City Council accept the improvements for the Dan Olson On-Street Parking, City Project No. 2004-15C and authorize final payment to Buffalo Bituminous, Inc. in the amount of$6,984.99 D. SUPPORTING DATA: Copy of Construction Pay Voucher NO.2 (Final) Letter from WSB & Associates, Inc. 5--1-\'). I',)' UIII/,'JlI., "",{ S,'lIif')..',\.,/""'iI.):""S.";lIga. ('/,/ ,-,<,,: Sdlillg.'" hllll";"":" 1"'011'" I-il,',> ()I):,-I ',,-II ;,\' II;.1J-,'l/yltl!l""'-ill,,!l',')'II"'"I_(j,\~_'{I_'.d{), ... WSB . & Associates, Inc. Infrastructure I Engineering I Planning I Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4600 Fax: 763-541-1700 August 16, 2005 Honorable Mayor and City Council City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 Re: Construction Pay Voucher No.2 (Final) Dan Olson On-Street Parking (Walnut Street between Third Street and Broadway) City of Monticello Project No. 2004-15C WSB Project No. 1488-44 Dear Mayor and Council Members: Please find enclosed the final Construction Pay Voucher No, 2 for the above-referenced project in the amount of $6,984.99. Voucher No.2 does include payment for Change Order No.1 at this time. We recommend final payment subject to receipt of the following items: . 1. Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax. 2. Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured. 3. Consent of Surety to Final Payment certification from the contractor's surety. 4. Two-year maintenance bond. Please make payment in this amount to Buffalo Bituminous, Inc. at your earliest convenience. Thank you. Sincerely, WSB & Associates, Inc. r:::::: ~~~{~ Senior Project Manager Enclosures . cc: Rick Wolfsteller, City of Monticello Greg Hicks, Buffalo Bituminous, Inc. S':J - 'I 5 F.'\,WPWIM1488.4N.m VQ 2 FNIAlln,x.U8}605.dM: Minneapolis. St. Cloud Equal Opportunity Employer srb Au~ 16 2005 7:35AM AUG-1S-2005 18:02 . - . - - .. ... -.I . ...-........~ ... . BUFFALO BIT 7636HcD~cc p.~ P . El21'l34 rnUHY.J\UguS[l~,~UU) Owner: CIty ot Monticello 50S Walnut St Monticello, MN 55362-1'47 For Partod: 111612004 to 712912005 Contractor: Buffalo Bltumlnoul,lnc. 2852 County Road 12 North Buffalo, MN 55313 Pay Vouchers Dan Olson On-Street Parking Client Contract No.: Project No.: 01488.44 Client Project No.: Datil: Bl3f2llOS Request No.: 2 & RNAL Pm."t Sumnuol:Y 1 OrIginal Contract Amount $22,048.75 2 Contract Changes. Adallion , $1,200.00 3 Contract ChangllS . Ded~tion $0.00 4 R.vlnd Contract Amount $23,248,75 5 Value Completed 10 Om $19,714.71> 6 Material on Hand $0,00 7 Amount eamad $19,71-4.76 8 Less Retalnags $0.00 9 Subtotal $19,714.78 10 LeslI Amount Paid Prey! QUllly SI2,729.77 11 UquldatllCl Damagas $0.00 .2 AMOUNT DUe THIS PAY VOUCHERS NO, 2 & FINAL $6,984.99 I HEREBY CERTIFY THAT A FINAL EXAMINATION HAS BEEN MADE OF THE ABOVE NOTED CONTRACT, THAT THE CONTRACT HAS BEEN COMPLETED, THAT THE ENTIRE AMOUNT OF WORK SHOWN IN THE FINAL VOUCHER HAS BEEN PERFORMED AND THE TOTAL VALUE OF THE WORK PERFORMED IN ACCORDANCE WITH, "NO PURSUANT TO, THE TERMS OF TH E CONlRACT IS AS SHOWN IN TH IS FINAL VOUCHER. RllOommencled lor Approval by: WSB . Aaoollle.. c. ApprOVed by Conlrllc1or: Buffalo BIlUmlnoua. Inc. ApprQ\I8d b~ Own sr: CIty of Monticello Dale: r 12/3112004 . Comment 5'3 -. I ~\ loB 01488-44 - Pay Vouchers 2 Friday, August 12, 2005 Project Material Status tern Item Description Units Unit Price Contract Quantity to Current Amount to o. Quantity Dale Quantity Dale SCHEDULE A 1 2104.501 REMOVE CURB AND GUTTER UN FT $7.50 105 105 0 $787.50 2 2104.503 REMOVE SIDEWALK SQFT $0.85 610 712.5 0 $605.63 3 2105.501 COMMON EXCAVATION (P) CUYD $9.50 186 186 0 $1,767.00 4 2105.507 SUBGRADE EXCAVATION CUYD $12.50 5 0 0 $0.00 5 2105.522 SELECT GRANULAR BORROW (CV) CUYD $18.75 114 26 0 $487.50 6 2112.604 SUBGRADE PREPARATION SQYD $1.50 225 225 0 $337.50 7 2211.501 AGGREGATE BASE CLASS 5 MOD TON $15.00 101 101 0 $1,515.00 8 2350.501 TYPE LV 3 WEARING COURSE MIXTURE (C) TON $68.95 15 17 17 $1,172.15 9 2350.502 TYPE LV 3 NON WEARING COURSE MIXTURE IC) TON $58.95 20 23 23 $1,355.85 10 2521.501 4" CONCRETE WALK SQ FT $3.75 608 736.9 0 $2,763.38 11 2531.501 CONCRETE CURB & GUTTER DESIGN B612 UNFT $13.75 120 119 0 $1,636.25 12 2531.603 7" CONCRETE VALLEY GUTTER UN FT $15.00 105 105 0 $t ,575.00 13 2540.618 CONCRETE PAVERS SO FT $12.50 210 194.4 194.4 $2,430.00 14 2564.603 4" PAVEMENT MARKING - PAINT L1NFT $1.00 180 157 157 $157.00 15 2575.555 TURF ESTABLISHMENT LUMP SUM $2,400.00 1 0 0 $0.00 16 2565.603 2" NON.METALLlC CONDUIT L1N FT $15.00 100 95 0 $1,425.00 17 2563.601 TEMPORARY TRAFFIC CONTROL LUMP SUM $500.00 1 1 0 $500.00 Totals For Section SCHEDULE A : $18,514.76 Change Order 1 18 191539 I Clearing and Grubbing lEACH $300.00 41 41 4 $t ,200.00 Totals For Change Order 1: $1,200.00 Project Totals: $19,714.76 . . S j - -15 20f3 01488-44 - Pay Vouchers 2 Friday, August 12, 2005 . Project Payment Status Owner: City of Monticello Client Project No.: Client Contract No.: Project No.: 01488-44 Contractor: Buffalo Bituminous, Inc. Contract Chan es No. Type C01 Change Order Date 8/3/2005 Description Additional contract quantities. Change Order Totals: Amount $1,200.00 $1,200.00 Pa ment Summa No. From Date 1 9/8/2004 2 & FINAL 11/6/2004 To Date Payment Total Payment Retainage Per Payment Total Retalnage Completed 11/5/2004 $12,729.77 $12,729.77 $669.99 $669.99 $13,399.76 7/29/2005 $6,984.99 $19,714.76 ($669.99) $0.00 $19,714.76 Payment Totals: $19,714.76 $0.00 $19,714.76 Proiect Summary Material On Hand: Total Payment to Date: Total Retainage: Total Amount Earned: $0.00 $19,714.76 Original Contract: $0.00 Contract Changes: $19,714.76 Revised Contract: $22,048.75 $1,200.00 $23,248.75 . . ['- '-1/ --:) J - I/O . 30f3 . Council Agenda - 8/22/05 SK. Approve Final Payment and Accept Improvement for Marvin Road Force Main and Utility Improvements (City of Monticello Proiect No. 2003-01C) (WSB) A. REFERENCE AND BACKGROUND: . This project included the construction of a new 12-inch sanitary sewer force main from the Marvin Road Lift Station on the south side ofInterstate 94 to Minnesota Street on the north side of 1-94. This was completed to redirect sewage from this area to the trunk line on Rivcr Street to the treatment plant to alleviate demands on the Reservoir Lift Station. In addition, a 24-inch storm sewer force main and 12-inch water main were also extended across the interstate in accordance with long-range plans for the regional storm water ponding and trunk water main system. These facilities were all trunk system improvements and were not proposed for assessment. The project did require the acquisition of a permit from MnlDOT for utility crossings. All conditions of the permits have been fulfilled and approved by Mn/DOT. The improvements constructed with the project have been tested and approved in accordance with the City of Monticello Engineering and Construction standards. The Council is being requested to accept the project as complete and approve final payment to R. L. Larson Excavating, Inc. in the amount of $26,691.41 subject to reccipt of the final paperwork including: . Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax. . Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured. . Consent of Surety to Final Payment certification from the contractor's surety. . Two-year maintenance bond. The final payment included in the packet represents the final quantities completed on the contract and the release of the retain age on the contract. B. ALTERNATIVE ACTIONS: . I. Accept the improvements and approve the final payment of $26,69 l.41 to R. L. Larson Excavating, Inc. subject to receipt of the final paperwork noted in Item A above. 5 k~ ,l Fc"''''''''g; 11";""1'1'(1<" _'lm5 ('OIII".;! ,-J):"II"";.;'Jr.~ 2_ .'1.1(15 ,8-::-()51-il'ali'm "!<'JI!;1./",rin"d''','J!"n-m<lind", . . . D. Council Agenda - 8/22/05 c. STAFF RECOMMENDATION: It is the recommendation of the City Administrator, Deputy City Administrator, Public Works Director, and City Engineer that the City Council acccpt the improvements for the Marvin Road Force Main and Utility Improvements, City Project No, 2003-01C and authorize final payment to R. L. Larson Excavating, Inc. in the amount 01'$26,691.41. SUPPORTING DATA: Copy of Construction Pay Voucher No.5 (Final) Letter from WSB & Associates, Inc. s ~- (55 i""'<I",,',,;,;' l1ordf','it',_'(liJ5 ( -1)1I!le il.-I._'el,d",_-!"g _';.}/11I5 "1'-!c'-1!5'''':",,li''(1 m,'IO/,tJOI.,.;"/UI'''''cw",,iIU/<,' ... WSB . & Associates, lnc. August 16, 2005 Infrastructure I Engineering I Planning I Construction 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 1 Monticello, MN 55362 F:\WPWIMJJOO-OW.nI vo J FNL.hmrx-<J81605.<kx Minneapolis I Sl. Cloud Equal Opportunity Employer Re: Construction Pay Voucher No.5 (Final) Marvin Road Force Main and Utility Improvements and Appurtenant Work City of Monticello Project No. 2003-01 C WSB Project No. 1500-00 Dear Mayor and Council Members: Please find enclosed the final Construction Pay Voucher No.5 for the above-referenced project in the amount of $26,691.41. Voucher No.5 does include payment for Change Order No. I at this time. We recommend final payment subject to receipt of the following items: . 1. Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax. 2. Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured. 3. Consent of Surety to Final Payment certification from the contractor's surety. 4. Two-year maintenance bond. Please make payment in this amount to R. L. Larson Excavating, Inc. at your earliest convenience. Thank you. Sincerely, WSB & Associates, Inc. ~ 6. fMdewstr fr7 Kevin B. Kawlewski, P.E. Senior Project Manager Enclosures . cc: Rick WolfstelIer, City of Monticello Doug Moen, R. L. Larson Excavating, Inc. S \(-lq srb 01500-00 - Pay Vouchers 5 . .&. WSB &:.hmciates. Inc. Tuesday, August 02, 2005 Owner: City of Monticello 505 Walnut St Monticello, MN 55362-1147 For Period: 11/1912004 to 7/12/2005 Contractor: R. L. Larson Excavating, Inc. 2255 12th Street SE St. Cloud, MN 56304 Pay Vouchers Marvin Rd Sanitary Sewer Lift Sta Client Contract No.: Project No.: 01500-00 Client Project No.: Date: 7/1212005 Request No.: 5 & FINAL Project Summary 1 Original Contract Amount $387,638.25 2 Contract Changes - Addition $4,787.61 3 Contract Changes - Deduction $0.00 4 Revised Contract Amount $392,425.86 5 Value Completed to Date $343,227.61 6 Material on Hand $0.00 7 Amount Earned $343,227.61 8 Less Retainage $0.00 9 Subtotal $343,227.61 10 Less Amount Paid Previously $316,536.20 11' Liquidated Damages $0.00 12 AMOUNT DUE THIS PAY VOUCHERS NO.5 & FINAL $26,691.41 I HEREBY CERTIFY THAT A FINAL EXAMINATION HAS BEEN MADE OF THE ABOVE NOTED CONTRACT, THAT THE CONTRACT HAS BEEN COMPLETED, THAT THE ENTIRE AMOUNT OF WORK SHOWN IN THE FINAL VOUCHER HAS BEEN PERFORMED AND THE TOTAL VALUE OF THE WORK PERFORMED IN ACCORDANCE WITH, AND PURSUANT TO, THE TERMS OF THE CONTRACT IS AS SHOWN IN THIS FINAL VOUCHER. Recommended for Approval by: WSB & ASSO~C' JlB. Approved by Contractor: R. L. Larson Excavating, Inc. Approved by Owner: City of Monticello Date: Specified Contract Completion Date: 11/30/2003 . Comment: c;v..."60 1 of 4 U DUU-OO - Pay Vouchers 5 Tuesday, August 02, 2005 Project Material Status Item Item Description Unils Unit Price Contract Quantity to Current Amount to o. Quantity Dale Quantity Date SCHEDULE A - SANITARY SEWER FORCE MAIN (BASE BID) 1 2021.501 MOBILIZATION LUMP SUM $3,500.00 1 1 0 $3,500.00 2 2104.501 REMOVE SEWER PIPE (SANITARY) L1N FT $15.00 80 60 0 $900.00 3 2105.522 SELECT GRANULAR BORROW (CV) CUYD $15.00 100 0 0 $0.00 4 2105.601 DEWATERING LUMP SUM $6,500.00 1 1 0 $6,500.00 5 2112.501 SUBGRADE PREPARATION ROAD ST A $1,000.00 3.5 0 0 $0.00 6 2211.501 AGGREGATE BASE CLASS 5 MOD TON $10.00 500 0 0 $0.00 7 2503.601 SANITARY SEWER BYPASS PUMPING LUMP SUM $1,500.00 1 0 0 $0.00 B 2503.602 CONNECT TO EXISTING MANHOLES (SAN) EACH $2,000.00 1 1 0 $2,000.00 9 2503.602 CONNECT TO EXISTING FORCE MAIN EACH $1,500.00 1 2 0 $3,000.00 10 2503.603 12" FORCE MAIN DIP RESTRAINED JT L1NFT $31.00 440 304 0 $9,424.00 11 2503.603 12' FORCE MAIN DUCTILE IRON CL50 L1NFT $27.00 321 368 0 $9,936.00 12 2503.603 30" STEEL CASING PIPE (JACKED) L1N FT $175.00 300 300 0 $52,500.00 13 2504.608 DUCTILE IRON FITTINGS POUND $2.00 1550 1325 0 $2,650.00 14 2563.601 TRAFFIC CONTROL LUMP SUM $2,200.00 1 1 0 $2,200.00 15 2575.601 EROSION CONTROL LUMP SUM $3.000.00 1 0 .0.71 $0.00 16 2575.605 TURF ESTABLISHMENT ACRE $7.000.00 0.5 1 0 $7,000.00 Tolals For Section SCHEDULE A - SANITARY SEWER FORCE MAIN (BASE BID): $99,610.00 SCHEDULE B - WATERMAIN IMPROVEMENTS 17 2021.501 MOBILIZATION LUMP SUM $3,500.00 1 1 0 $3,500.00 18 2504.602 HYDRANT EACH $2.300.00 1 1 0 $2,300.00 19 2504.602 6' GATE VALVE AND BOX EACH $585.00 1 1 0 $585.00 20 2504.602 12" GATE VALVE AND BOX EACH $1.240.00 1 1 0 $1.240.00 . 2504.602 CONNECT TO EXISTING WATERMAIN (12") EACH $1,000.00 2 2 0 $2,000.00 2504.603 6' WATER MAIN-DUCT IRON CL 52 L1NFT $20.00 10 18 0 $360.00 2504.603 12" WATER MAIN-DUCT IRON RESTRND JT L1NFT $31.00 434 453 0 $14.043.00 24 2504.603 12' WATER MAIN-DUCT IRON CL 52 L1N FT $29.00 327 324 0 $9.396.00 25 2504.603 3D' STEEL CASING PIPE (JACKED) UNFT $160.00 420 22.5 22.5 $3,600.00 26 2504.603 TELEVISE CASING PIPE UNFT $6.00 420 443 0 $2,558.00 27 2504.608 DUCTILE IRON FITTINGS POUND $7.00 325 2717 12 $19.019.00 Tolals For Section SCHEDULE B - WATERMAIN IMPROVEMENTS: $58.701.00 SCHEDULE C - STORM SEWER FORCE MAIN 2B 2021.501 MOBILIZATION LUMP SUM $5.500.00 1 1 0 $5.500.00 29 2101.502 CLEARING TREE $100.00 1 2 0 $200.00 30 2101.507 GRUBBING TREE $100.00 1 2 0 $200.00 31 2104.501 REMOVE SEWER PIPE (STORM) UNFT $16.00 150 40 0 $640.00 32 2104.505 REMOVE BITUMINOUS PAVEMENT SO YO $5.00 125 201 0 $1.005.00 33 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) UN FT $5.00 90 126 0 $630.00 34 2105.522 SELECT GRANULAR BORROW (CV) CUYD $15.00 100 246 246 $3.690.00 35 2112.501 SUBGRADE PREPARATION ROAD ST A $1.000.00 2.5 6 0 $6.000.00 36 2211.501 AGGREGATE BASE CLASS 5 MOD TON $16.00 340 437 0 $6.992.00 37 2350.501 TYPE LV 3 WEARING COURSE MIXTURE (B) TON $60.00 12 19.3 0 $1.158.00 38 2350.502 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TON $60.00 16 39.2 0 $2,352.00 39 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GALLON $5.00 15 25 0 $125.00 40 2503.541 24' RC PIPE SEWER DESIGN 3006 CLASS III UNFT $51.00 25 0 0 $0.00 41 2503.602 CONNECT TO EXISTING FORCE MAIN EACH $1.700.00 1 2 0 53,400.00 42 2503.603 24" FORCE MAIN DUCTILE IRON PIPE UN FT $51.00 718 647 0 $32.997.00 43 2503.603 12' FORCE MAIN DUCTILE IRON CL 50 UN FT $46.00 10 10 0 $460.00 44 2503.603 24" DIP SEWER RESTRAINED JT UN FT $70.00 352 314 0 $21,980.00 - 2503.603 42" STEEL CASING PIPE (JACKED) UN FT $250.00 300 302 0 $75.500.00 2504.602 12' GATE VALVE AND BOX EACH $1,240.00 1 1 0 $1,240.00 20f4 \::> ~-, ~ \ U15UU-UU - Pay Vouchers 5 Tuesday, August U2, 2UU5 llem Item Description Units Unit Price Contract Quantity 10 Current Amount to No. Quantity Date Quantity Date 47 2504.608 DUCTILE IRON FITTINGS POUND $4.00 900 3020 0 $12,080.00 48 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 60-4020 UN FT $475.00 6.15 6.8 0 $3,230.00 49 2506.602 CASTING ASSEMBLY (MANHOLE) EACH $250.00 1 3 0 $750.00 0 2506.602 CONNECT INTO EXISTING DRAINAGE STRUCTURE EACH $1,000.00 2 0 0 $0.00 Totals For Section SCHEDULE C - STORM SEWER FORCE MAIN: $180,129.00 Change Order 1 51 2123.601 STREET SWEEPER (WITH PICKUP BROOM) LUMP SUM $227,00 1 1 1 $227.00 52 91460 REMOVE SANITARY OROP TEE LUMP SUM $772.50 1 1 1 $772.50 53 2554.602 PERMANENT BARRICADES (TYPE III) EACH $325.00 2 2 2 $650,00 54 2506.522 ADJUST FRAME & RING CASTING (SANITARY) EACH $381.00 1 1 1 $381.00 55 91461 FITTING RESTOCKING FEE LUMP SUM $275.99 1 1 1 $275.99 56 91462 PIPE RESTOCKING FEE LUMP SUM $352.62 1 1 1 $352,62 57 2506.602 RECONSTRUCT MANHOLES EACH $364.50 1 1 1 $364,50 58 2504.602 8" GATE VALVE AND BOX EACH $1 ,764.00 1 1 1 $1,764.00 Totals For Change Order 1: $4,787.61 Project Totals: $343,227.61 . . 'Sv.-~o 3of4 01500-00 - Pay Vouchers 5 Tuesday, August 02, 2005 . Project Payment Status Owner: City of Monticello Client Project No.: Client Contract No.: Project No.: 01500-00 Contractor: R. L. Larson Excavating, Inc. Contract Chan es No. Type COl Change Order Date 7/12/2005 Description Additional contract quantities. Change Order Totals: Amount $4,787.61 $4,787.61 Paument C ummarv No. From Date To Date Payment Total Payment Retainage Per Payment Total Retainage Completed 1 10/23/2003 11/25/2003 $138,321.42 $138,321.42 $7,280.08 $7,280.08 $145,601.50 2 11/26/2003 1 /9/2004 $134,219.33 $272,540.75 $7,064.17 $14,344.25 $286,885.00 3 1/1 0/2004 4/12/2004 $2,057.70 $274,598.45 $108.30 $14,452.55 $289,051.00 4 4/1 3/2004 11/18/2004 $41,937.75 $316,536.20 $2,207.25 $16,659.80 $333,196.00 5 & FINAL 11/19/2004 7/12/2005 $26,691.41 $343,227.61 ($16,659.80) $0.00 $343,227.61 Payment Totals: $343,227.61 $0.00 $343,227.61 Project Summary Material On Hand: Total Payment to Date: Total Retainage: . Total Amount Earned: $0.00 $343,227.61 Original Contract: $0.00 Contract Changes: $343,227.61 Revised Contract: $387,638.25 $4,787.61 $392,425.86 . S \::.-13 3 4 of 4 . . . 5L. Council Agenda- 8/22/05 Approve Final Pavment and Accept Improvement for Core Area Street Reconstruction Area 1 (City of Monticello Proiect No. 2002-14C) (WSB) A. REFERENCE AND BACKGROUND: B. This project included the reconstruction of streets in Monticello generally lying between Broadway Street (CSAH 75) and Sixth Avenue and between TH 25 and Elm Street. Elm Street was also improved from a gravel surface rural roadway to an urban street with concrete curb and gutter and storm sewer. The process included the reclamation of the existing bituminous surface, spot repair of the existing curb, and pavement reconstruction over the entire reconstruction area, Utility work included the repair of multiple sections ofthc sanitary sewer system bas cd on tclcvising records gathered by Public Works staff. The watermain was also analyzed for leaks due to the pipe material and agc of the system, Repairs were made based on age and historical repair data assembled by Public Works, The Council is being requested to accept the project as complete and approve final payment to Buffalo Bituminous, Inc, in the amount 01'$152,319.40, The final payment request included in the packet represents the final quantitics completed on the contract and the release of the retainage on the contract. All punchlist items assembled for this project have been completed and WSB & Associates, Inc, is indicating the project is complete and ready for final payment in accordance with the contract and City of Monticello Engineering and Construction Standards, ALTERNATIVE ACTIONS: 1. Accept the improvements and approve the final payment of $152,319.40 to Buffalo Bituminous, Inc, C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator, Deputy City Administrator, Public Works Director, and City Engineer that the City Council accept the improvements for the Core Area Street Reconstruction - Area I, City Project No, 2002-14C and authorize final payment to Buffalo Bituminous, Inc, in the amount of $152,319.40, In accordance with the contract requirements, the City has received from Buffalo Bituminous the following: . Maintenance Bond Consent of Surety to Final Payment 1C-134 Tax Withholding Forms Lien waivers showing that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured" . . . S L _ <;?l./ /"__",/',11!W' 11',,,'dj>N'c-',.'IiOj ('/"'''e'11 il,\sl/"a;.~,,;: ~~_}f)f.i5'.1<.22_115_~/ym)l'd-II",/J'i'I'III,'m_d", . . . D. SUPPORTING DATA: Copy of Construction Pay Voucher No.6 (Final) Letter from WSB & Associates, Inc. Maintenance Bond Consent of Surety to Final Payment IC-134 Tax Withholding Forms Lien Waivers Council Agenda- 8/22/05 SL~)S"5 /....'da"ng'. 1If1n/f't'I,"2(i05 ('",,,,,,ii .{",'I""",'!">: ::"2()!i5 ,8-22-1)5..lt'/'. 'iwl-illalf'Oll'I<'!II,drJL ... WSB . & Associates, Ene. Infrastructure I Engineering I Planning I Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4600 Fax: 763-541-1700 August 17, 2005 Honorable Mayor and City Council City of Monticello 505 Walnut Street, Suite I Monticello, MN 55362 Re: Construction Pay Voucher No.6 (Final) Core Area Street Reconstruction - Area I Street, Storm Sewer, Sanitary Sewer, Watermain, and Appurtenant Work City of Monticello Project No. 2002-14C WSB Project No. 1494-00 Dear Mayor and Council Members: Please find enclosed the final Construction Pay Voucher No.6 for the above-referenced project in the amount of $152,319.40. Also enclosed is the following documentation required for processing final payment for the above-referenced project: . I. Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax. 2. Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured. 3. Consent of Surety to Final Payment certification from the contractor's surety. 4. Two-year maintenance bond. We recommend final payment in the amount of$152,319.40 to Buffalo Bituminous, Inc. at your earliest convenience. The maintenance period will be in effect from May 2, 2005 until May 2, 2007. Sincerely, WSB & Associates, Inc. f),J- A ~ Bret A. Weiss, P.E. City Engineer Enclosures cc: Rick Wolfsteller, City of Monticello Torn Bose, City of Monticello Greg Hicks, Buffalo Bituminous, Inc. . srb SL-. )$~ F:\WPW1M1494.OW.1'R VOIlFNl.-hma:4JlJ1705.dot: Minneapolis I St. Cloud Equal Opportunity Employer Pending: 05/02/06 02/01/07 Ul'+~N-UU - t'ay Vouchers b . .. WSB &~.Jnc. Tuesday, July 12,2005 Owner: City of Monticello 505 Walnut St Monticello, MN 55362-1147 For Period: 6/22/2004 to 1/7/2005 Contractor: Buffalo Bituminous, Inc. 2852 County Road 12 North Buffalo, MN 55313 Pay Vouchers MONT - Downtown Street Reconstruction. Client Contract No.: Project No.: 01494-00 Client Project No.: Date: 7/11/2005 Requellt ,No.: 6,& F;/NAL '.; ,:,_.~ >l'q Proiect Summary 1 Original Contract Amount $2,534,905.65 2 Contract Changes - Addition . $117,435.56 3 Contract Changes - Deduction $0.00 4 Revised Contract Amount $2,652,341.21 5 Value Completed to Date $2,622,126.46 6 Material on Hand $0.00 7 Amount Earned $2,622,126.46 8 Less Retainage $0.00 9 Subtotal $2,622,126.46 10 Less Amount Paid Previously $2,469,807.06 11 Liquidated Damages $0.00 12 AMOUNT DUE THIS PAY VOUCHERS NO.6 & FINAL $152,319.40 r HEREBY CERTIFY THAT A FINAL EXAMINATION HAS BEEN MADE OF THE ABOVE NOTED CONTRACT, THAT THE CONTRACT HAS BEEN COMPLETED, THAT THE ENTIRE AMOUNT OF WORK SHOWN IN THE FINAL VOUCHER HAS BEEN PERFORMED AND THE TOTAL VALUE OF THE WORK PERFORMED IN ACCORDANCE WITH, AND PURSUANT TO, THE TERMS OF THE CONTRACT IS AS SHOWN IN THIS FiNAL VOUCHER. Approved by Contractor: BUff: Bltumjn~ ~," ~'mp,,,.. D"" 11/1/2003 Recommended for Approval by: WSB jr.oclae~, liJi. . Approved by Owner: City of Monticello Date: Comment ~L_~I 1 of? V.1'+:1"t-uv - ray VUUl,;Ut;HS U .1UC~U(:lY, JUlY .1~, ~UUJ Project Material Status llem Item Description Units Unit Price Contract Quantity to Current Amount to o. Quantity Date Quantity Date CHEDULE A . SURFACE IMPROVEMENTS 1 2021.501 MOBILIZATION LUMP SUM $121,000.00 1 1 0 $121,000.00 2 2104.501 REMOVE CURB AND GUTTER L1N FT $2.50 5320 3909 0 $9,772.50 3 2104.505 REMOVE BITUMINOUS PAVEMENT SO YO $3.50 115 115 0 $402.50 4 2104.505 REMOVE CONCRETE PAVEMENT SOYD $4.50 215 532.8 0 $2,397.60 5 2104.509 REMOVE MANHOLE EACH $260.00 6 6 0 $1 ,560.00 6 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) L1N FT $2.75 920 920 0 $2,530.00 7 2104.511 SAWING CONCRETE PAVEMENT (FULL DEPTH) UN FT $3.25 70 70 0 $227.50 8 2105.607 SUBGRADE EXCAVATION CUYD $1.00 7750 7750 0 $7,750.00 9 2105.522 SELECT GRANULAR BORROW (CV) CUYD $10.00 500 0 0 $0.00 10 2105.525 TOPSOIL BORROW (CV) CUYD $30.00 250 144 0 $4,320.00 11 2211.501 AGGREGATE BASE CLASS 5 (100% CRUSHED) TON $0.01 4950 0 0 $0.00 12 2331.604 BITUMINOUS PAVEMENT RECLAMATION SO YO $4.25 49310 48175 0 $204,743.75 13 2350.501 TYPE LV 3 WEARING COURSE MIXTURE IC) TON $35.70 5760 4471.8 20 1.3 $159,643.26 14 2350.502 TYPE LV 3 NON WEARING COURSE MIXTURE (C) TON $37.80 6050 7272.92 0 $274,916.38 15 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GALLON $1.25 2525 2427 1230 $3,033.75 16 2521.501 6" CONCRETE WALK SOFT $3.00 21038 704.5 0 $2,113.50 17 2531.501 CONCRETE CURB & GUTTER DESIGN B618 UN FT $12.00 6000 4371 0 $52,452.00 18 2531.507 6" CONCRETE DRIVEWAY PAVEMENT SO YO $35.00 180 383.66 0 $12,728.10 19 2531.602 PEDESTRIAN CURB RAMP EACH $200.00 5 24 0 $4,800.00 20 2531.603 CLEAN & SEAL CONCRETE CURB AND GUTTER L1NFT $0.25 17000 18581.8 0 $4,645.45 21 2563.601 TRAFFIC CONTROL LUMP SUM $2,000.00 1 1 0 $2,000.00 22 2564.531 SIGN PANELS TYPE C SQFT $20.00 152.6 163.3 0 $3,266.00 23 2564.602 FURNISH & INSTALL SIGN PANEL TYPE D EACH $75.00 44 70 0 $5,250.00 4 2564.602 PAVEMENT MESSAGE IRR CROSSING) EPOXY EACH $550.00 2 0 0 $0.00 5 2564.602 PAVEMENT MESSAGE IRR CROSSING) PAINT EACH $185.00 2 0 0 $0.00 26 2564.603 24" SOLID LINE WHITE-PAINT UN FT $2.00 160 0 0 $0.00 27 2564.603 24" SOLID LINE WHITE-EPOXY UN FT $4.00 160 0 0 $0.00 28 2573.501 BALE CH ECK EACH $10.00 150 0 0 $0.00 29 2575.501 SEEDING ACRE $1,000.00 0.5 0.1 0 $100.00 30 2575.505 SODDING, TYPE LAWN (INCL. TOPSOIL & FERT.) SOYD $4.50 2400 7352 340 $33,084.00 31 2575.523 EROSION CONTROL BLANKETS CATEGORY 3 SOYD $1.50 100 0 0 $0.00 Totals For Section SCHEDULE A . SURFACE IMPROVEMENTS: $912,736.29 SCHEDULE B" SANITARY SEWER IMPROVEMENTS 32 2104.501 REMOVE SEWER PIPE (SANITARY) UN FT $5.00 2742 2361.5 0 $1 I ,807.50 33 2503.602 CONNECT TO EXISTING SANITARY SEWER EACH $400.00 34 18 -20 $7,200.00 34 2503.602 RECONNECT SANITARY SEWER SERVICE EACH $270.00 45 51 8 $13,770.00 35 2503.602 8"X6" PVC WYE EACH $100.00 48 36 2 $3,600.00 36 2503.602 10"X8' PVC WYE EACH $140.00 6 18 0 $2,520.00 37 2503.603 SANITARY SEWER SPOT REPAIR L1N FT $32.00 438 174 0 $5,568.00 38 2503.603 SANITARY SEWER INSPECTION UN FT $0.55 2800 2717 0 $1,494.35 39 2503.603 6" PVC PIPE SEWER - SDR 26 UN FT $23.00 280 826.5 12.5 $19,009.50 40 2503.603 8" PVC PIPE SEWER - SDR 35 L1N FT $23.00 2465 1823 0 $37,329.00 41 2503.603 10' PVC PIPE SEWER SDR 35 L1N FT $41.00 319 738.5 0 $30,278.50 42 2506.522 ADJUST FRAME & RING CASTING I SANITARY) EACH $490.00 58 64 1 $31,380.00 43 2506.602 CONNECT INTO EXISTING MANHOLE EACH $950.00 11 11 8 $10,450.00 44 2508.802 CASTING ASSEMBLY (MANHOLE) EACH $250.00 3 15 0 $3,750.00 45 2508.802 MANHOLE CASTING LID EACH $150.00 20 16 0 $2,400.00 46 2506.603 CONST 48' DIA SAN SEWER MANHOLE UN FT $260.00 96 119.28 -10.38 $31,012.80 Totals For Section SCHEDULE B - SANITARY SEWER IMPROVEMENTS, $211,549.65 ~ CHEDULE C - WATER MAIN IMPROVEMENTS S L, ~'6 2of7 V.L'"t7Lf-VV ~ ray VUUlVllca:s u 1 uc;;::suay, JUlY lL., L.VVJ Item Hem Description Units Unit Price Contract Quantity to Current Amount to No. Quantity Date Quantity Date 47 2104.501 REMOVE WATER MAIN LlNFT $5.00 720 2716.5 0 $13,582.50 48 2104.509 REMOVE HYDRANT ASSEMBLY EACH $260.00 13 14 0 $3,640.00 49 2104.509 REMOVE GATE VALVE EACH $80.00 17 17 0 $1,360.00 0 2104.603 ABANDON WATER MAIN LlN FT $5.00 3800 1523 0 $7,615.00 51 2504.602 RECONNECT WATER SERVICE EACH $300.00 10 46 0 $13,800.00 52 2504.602 CONNECT TO EXISTING WATER MAIN EACH $375.00 20 21 0 $7,875.00 53 2504.602 HYDRANT EACH $1,725.00 14 15 0 $25,875.00 54 2504.602 VALVE BOX EACH $330.00 4 1 0 $330.00 55 2504.602 ADJUST GATE VALVE EACH $250.00 12 42 0 $10.500.00 56 2504.602 1" CORPORATION STOP EACH $60.00 30 49 0 $2,940.00 57 2504.602 6" GATE VALVE AND BOX EACH $625.00 16 14 0 $B,750.00 58 2504.602 8" GATE VALVE AND BOX EACH $860.00 22 23 0 $19,780.00 59 2504.602 12" GATE VALVE AND BOX EACH $1,425.00 1 0 0 $0.00 60 2504.602 6"XI2" WET TAP EACH $2,175.00 1 6 4 $13,050.00 61 2504.602 1" CURB STOP & BOX EACH $125.00 8 34 0 $4,250.00 62 2504.603 1" TYPE K COPPER PIPE LlN FT $12.50 600 896 0 $11,200.00 63 2504.603 6" WATER MAIN-DUCT IRON CL 52 LlN FT $30.00 270 381 0 $11,430.00 64 2504.603 8" WATER MAIN-DUCT IRON CL 52 LlN FT $30.00 3140 3464.5 0 $103,935.00 65 2504.620 DUCTILE IRON FITTINGS POUND $3.00 5300 3955 0 $11,865.00 66 2504.601 WATER DISTIBUTION SYSTEM LEAK SURVEY LUMP SUM $1,000.00 1 0.5 0 $500.00 Tolals For Section SCHEDULE C - WATERMAIN IMPROVEMENTS: $272,277.50 SCHEDULE D" STORM SEWER IMPROVEMENTS 67 2104.501 REMOVE SEWER PIPE (STORM) LlN FT $11.00 520 26 0 $286.00 68 2501.515 30" RC PIPE APRON EACH $700.00 1 1 0 $700.00 69 2501.602 TRASH GUARD FOR 30" PIPE APRON EACH $500.00 1 1 0 $500.00 70 2503.541 12" RC PIPE SEWER DESIGN 3006 CLASS V LlN FT $21.00 49 93.5 0 $1,963.50 71 2503.541 15" RC PIPE SEWER DESIGN 3006 CLASS V LlN FT $22.50 90 427 0 $9.607.50 172 2503.541 18" RC PIPE SEWER DESIGN 3006 CLASS V LlN FT $26.00 29 89.5 0 $2,327.00 2503.541 21" RC PIPE SEWER DESIGN 3006 CLASS III LlN FT $28.00 255 302.5 0 $B,470.00 74 2503.541 24" RC PIPE SEWER DESIGN 3006 CLASS III LlN FT $31.00 226 264.5 0 $B,1 99.50 75 2503.541 30" RC PIPE SEWER DESIGN 3006 CLASS III LlN FT $45.00 653 646.5 0 $29.092.50 76 2503.521 36" SPAN RC PIPE-ARCH SEWER CLASS iliA LlN FT $75.00 338 348.5 0 $26,137.50 77 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 60-4020 LlN FT $350.00 33,4 79.04 0.58 $27,664.00 78 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 72-4020 LlN FT $560.00 5 5.67 0 $3,175.20 79 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 1 EACH $1.260.00 4 7 0 $8,820.00 80 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 2 EACH $2,725.00 1 2 0 $5,450.00 81 2506.602 ADJUST CATCH BASIN EACH $100.00 117 60 0 $6,000.00 82 2506.602 CONNECT INTO EXISTING DRAINAGE STRUCTURE EACH $650.00 2 17 0 $11,050.00 83 2506.602 CONNECT INTO EXISTING STORM SEWER EACH $450.00 2 1 0 $450.00 84 2506.602 CASTING ASSEMBLY (MANHOLE) EACH $250.00 30 15 0 $3,750.00 85 2506.602 CASTING ASSEMBLY (CATCH BASIN) EACH $350.00 60 4 0 $1 .400.00 Totals For Section SCHEDULE D. STORM SEWER IMPROVEMENTS: $155,042.70 SCHEDULE E. SURFACE IMPROVEMENTS B6 2021.501 MOBILIZATION LUMP SUM $88,000.00 1 1 0 $88,000.00 87 2101.502 CLEARING TREE $300.00 6 6 0 $1,800.00 88 2101.507 GRUBBING TREE $175.00 6 6 0 $1,050.00 89 2104.501 REMOVE CURB AND GUTTER LlN FT $2.50 1675 1146.9 0 $2,867.25 90 2104.505 REMOVE BITUMINOUS PAVEMENT SaYD $3.50 210 210 0 $735.00 91 2104.511 SAWING CONCRETE PAVEMENT (FULL DEPTH) LlN FT $3.25 45 45 0 $146.25 92 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LlN FT $2.75 860 360 0 $990.00 . S l_ - y.; q 30f7 V~"'T7"'T-VV - ray VUUt;IlCllS U lUClSUay, JUlY 1.L., .L.VUJ Item Item Description Units Unit Price Contract Quantity to Current Amount to No. Quantity Date Quantity Date 93 2105.501 COMMON EXCAVATION CUYD $3.50 10760 10760 0 $37,660.00 94 2105.522 SELECT GRANULAR BORROW (CV) CUYD $10.00 700 479 0 $4,790.00 95 2105.525 TOPSOIL BORROW (CV) CUYD $30.00 50 45 0 $1,3S0.00 6 2105.607 SUBGRADE EXCAVATION CUYD $1.00 4600 4600 0 $4,600.00 97 2211.501 AGGREGATE BASE CLASS 5 (100% CRUSHED) TON $0.01 4360 15.4 0 $0.15 98 2331.604 BITUMINOUS PAVEMENT RECLAMATION SOYD $4.25 18700 25986 0 $110,440.50 99 2350.501 TYPE LV 3 WEARING COURSE MIXTURE (C) TON $35.70 3610 2722.3 0 $97,186.11 100 2350.502 TYPE LV 3 NON WEARING COURSE MIXTURE (C) TON $37.80 3810 3855.2 0 $145,726.56 101 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GALLON $1.25 1660 1573 575 $1,966.25 102 2506.522 ADJUST FRAME & RING CASTING EACH $490.00 40 43 0 $21,070.00 103 2506.602 CASTING ASSEMBLY (MANHOLE) EACH $235.00 15 0 0 $0.00 104 2531.501 CONCRETE CURB & GUTTER DESIGN B618 L1N FT $12.00 4025 3477.1 0 $41,725.20 105 2531.603 CLEAN & SEAL CONCRETE CURB AND GUTTER L1NFT $0.25 7400 11649 0 $2,912.25 106 2563.601 TRAFFIC CONTROL LUMP SUM $2,000.00 1 1 0 $2,000.00 107 2564.531 SIGN PANELS TYPE C SOFT $20.00 152.6 70.5 0 $1,410.00 108 2564.602 FURNISH & INSTALL SIGN PANEL TYPE D EACH $75.00 10 32 0 $2,400.00 109 2564.602 PAVEMENT MESSAGE (RR CROSSING) EPOXY EACH $550.00 2 0 0 $0.00 110 2564.602 PAVEMENT MESSAGE (RR CROSSING) PAINT EACH $185.00 2 0 0 $0.00 111 2564.603 4" SOLID LINE WHITE.PAINT L1N FT $0.20 3200 0 0 $0.00 112 2564.603 24" SOLID LINE WHITE.PAINT L1N FT $2.00 50 0 0 $0.00 113 2564.603 4" DOUBLE SOLID LINE YELLOW.PAINT L1N FT $0.50 1500 0 0 $0.00 114 2564.603 4" SOLID LINE WHITE.EPOXY L1NFT $0.40 3200 3177 31n $1,270.80 115 2564.603 24" SOLID LINE WHITE.EPOXY L1NFT $4.00 50 0 0 $0.00 116 2564.603 4" DOUBLE SOLID LINE YELLOW.EPOXY L1NFT $0.85 1500 1664 1664 $1,414.40 117 2571.541 TRANSPLANT TREE TREE $100.00 11 6 0 $600.00 118 2573.501 BALE CHECK EACH $10.00 120 0 0 $0.00 119 2573.502 SILT FENCE, TYPE HEAVY DUTY L1N FT $2.50 300 0 0 $0.00 120 2573.502 SILT FENCE, TYPE MACHINE SLICED L1NFT $2.00 300 0 0 $0.00 21 2575.501 SEEDING ACRE $1,000.00 1.5 1.6 0 $1,600.00 122 2575.505 SODDING, TYPE LAWN (INCL TOPSOIL & FERT) SOYD $4.50 2400 2400 0 $10,800.00 123 2575.523 EROSION CONTROL BLANKETS CATEGORY 3 SOYD $1.50 2020 893 0 $1,339.50 Totals For Section SCHEDULE E - SURFACE IMPROVEMENTS: $587,850.22 SCHEDULE F. SANITARY SEWER IMPROVEMENTS 124 2104.501 REMOVE SEWER PIPE (SANITARY) L1N FT $11.00 2742 86 0 $946.00 125 2503.602 CONNECT TO EXISTING SANITARY SEWER EACH $530.00 10 2 0 $1,060.00 126 2503.602 RECONNECT SANITARY SEWER SERVICE EACH $300.00 5 2 0 $500.00 127 2503.602 8"X6" PVC WYE EACH $100.00 5 4 0 $400.00 128 2503.602 10"X6" PVC WYE EACH $150.00 6 0 0 $0.00 129 2503.603 SANITARY SEWER SPOT REPAIR L1N FT $40.00 270 187 0 $7,480.00 130 2503.603 SANITARY SEWER INSPECTION L1N FT $0.55 937 918 0 $504.90 131 2503.603 10" PVC PIPE SEWER SDR 35 L1NFT $51.00 n5 682 0 $34,782.00 132 2503.603 8" PVC PIPE SEWER. SDR 35 L1NFT $30.00 162 236 0 $7,080.00 133 2506.511 RECONSTRUCT SANITARY MANHOLES L1N FT $525.00 2 1 0 $525.00 134 2506.522 ADJUST FRAME & RING CASTING (SANITARY) EACH $490.00 6 5 0 $2,450.00 135 2506.602 CONNECT INTO EXISTING MANHOLE EACH $1,000.00 3 0 0 $0.00 136 2506.602 CASTING ASSEMBLY (MANHOLE) EACH $250.00 3 4 0 $1,000.00 137 2506.603 CONST 48" DIA SAN SEWER MANHOLE L1N FT $175.00 61.4 70.12 0 $12,271.00 Totals For Section SCHEDULE F ~ SANITARY SEWER IMPROVEMENTS: $69,098.90 SCHEDULE G" WATER MAIN IMPROVEMENTS 138 2104.5091REMOVE HYDRANT ASSEMBLY EACH $300.00 1 11 01 $300.00 4of7 . 5L-C~O VJ.""t7....-VV - ray vouc.::ners 0 1 uesaay, JUlY 1'<:, '<:UU::> Item Item Description Units Unit Price Contract Quantity to Current Amount to No, Quantity Date Quantity Date 139 2504,601 WATER DISTIBUTION SYSTEM LEAK SURVEY LUMP SUM $325.00 1 0,5 0 $162,50 140 2504,602 CONNECT TO EXISTING WATER MAIN EACH $1,325.00 1 1 0 $1,325.00 141 2504,602 HYDRANT EACH $2,000.00 1 1 0 $2,000.00 42 2504,602 VALVE BOX EACH $300,00 8 0 0 $0,00 143 2504.602 ADJUST GATE VALVE EACH $250,00 21 27 0 $6,750,00 144 2504,602 1" CORPORATION STOP EACH $50,00 1 3 0 $150.00 145 2504.602 6" GATE VALVE AND BOX EACH $650.00 1 1 0 $650.00 146 2504.602 8" GATE VALVE AND BOX EACH $875.00 5 1 1 $875.00 147 2504,602 8"X8" WET TAP EACH $2,375.00 4 4 0 $9,500.00 148 2504.602 12"X8' WET TAP EACH $2,375,00 1 1 0 $2,375,00 149 2504.602 1" CURB STOP & BOX EACH $100,00 1 3 0 $300,00 150 2504,603 1" TYPE K COPPER PIPE UN FT $15.00 60 101 0 $1,515,00 151 2504,603 6" WATER MAIN.DUCT IRON CL 52 UN FT $27,00 8 4 0 $108.00 152 2504,603 8" WATER MAIN-DUCT IRON CL 52 UN FT $30,00 660 688 0 $20,640.00 153 2504,808 DUCTILE IRON FITTINGS POUND $3.00 750 862 0 $2,586,00 Totals For Section SCHEDULE G - WATERMAIN IMPROVEMENTS: $49,236,50 SCHEDULE H " STORM SEWER IMPROVEMENTS 154 2501.515 15" RC PIPE APRON EACH $425.00 1 0 0 $0,00 155 2501,602 TRASH GUARD FOR 15" PIPE APRON EACH $200.00 1 0 0 $0,00 156 2501.602 TRASH GUARD FOR 30" PIPE APRON EACH $475,00 1 0 0 $0,00 157 2501.602 TRASH GUARD FOR 42" PIPE APRON EACH $650.00 1 1 0 $650,00 158 2501.602 30" RC PIPE APRON W/PIUNG EACH $2.400,00 1 0 0 $0,00 159 2501.602 42" RC PIPE APRON W/PIUNG EACH $3,000.00 1 1 0 $3,000,00 160 2503,541 15" RC PIPE SEWER DESIGN 3006 CLASS V UN FT $25,00 383 381 0 $9,525.00 161 2503.541 18" RC PIPE SEWER DESIGN 3006 CLASS III UN FT $27.00 235 113 0 $3,051,00 162 2503,541 21" RC PIPE SEWER DESIGN 3006 CLASS III UN FT $30.00 459 467 0 $14,010.00 163 2503.541 30" RC PIPE SEWER DESIGN 3006 CLASS III UN FT $45.00 46 44,5 0 $2,002,50 64 2503.541 42" RC PIPE SEWER DESIGN 3006 CLASS III UN FT $82,00 261 256,5 0 $21,197.00 '5 2506,501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 UN FT $360.00 24.8 21.3 0 $7,688,00 166 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 60-4020 UN FT $400.00 6,1 6.3 .3.38 $2,520.00 167 2506,501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 78-4020 UN FT $500,00 25,1 25.31 0 $12,655,00 168 2506,502 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL 1 EACH $1,300,00 4 6 0 $7,800.00 169 2506,602 ADJUST CATCH BASIN EACH $100.00 35 46 0 $4,600.00 170 2506,602 CASTING ASSEMBLY (MANHOLE) EACH $250,00 1 4 0 $1,000,00 171 2506.602 CASTING ASSEMBLY ICATCHBASIN) EACH $350,00 25 12 0 $4,200,00 172 2511.501 RANDOM RIP RAP CLASS IV CUYD $90.00 22 12 0 $1,080,00 173 2511.515 GEOTEXTILE FILTER TYPE IV SQYD $9,00 33 23 23 $207,00 Totals For Section SCHEDULE H - STORM SEWER IMPROVEMENTS: $95,165,50 SCHEDULE I 174 2021,501 MOBILIZATION LUMP SUM $11,000,00 1 1 0 $11,000.00 175 2104.501 REMOVE CURB AND GUTTER L1N FT $2,50 115 268,4 0 $671,00 176 2104.509 REMOVE GATE VALVE EACH $80.00 2 0 0 $0.00 177 2104,509 REMOVE HYDRANT ASSEMBLY EACH $200.00 1 0 0 $0.00 178 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) UN FT $2,75 145 80 0 $220,00 179 2104.523 SALVAGE HYDRANT & VALVE EACH $350,00 1 0 0 $0.00 180 2104,603 ABANDON WATER MAIN UN FT $5.00 735 726 0 $3,630,00 181 2105.522 SELECT GRANULAR BORROW (CV) CUYD $10.00 50 0 0 $0,00 182 2105,525 TOPSOIL BORROW ICV) CUYD $30,00 15 0 0 $0,00 183 2105,607 SUBGRADE EXCAVATION CUYD $1.00 510 0 0 $0,00 184 2211.501 AGGREGATE BASE CLASS 5 1100% CRUSHED) TON $0.01 370 0 0 $0,00 . ~) L -,~ \ 5 on UP+:'7''t-uv - ray vuu(.:llers u 1 Ut;suay, JUlY 1~, ~VVJ Item Item Description Units Unit Price Contract Quantity Current Amount to No. Quantity to Date Quantity Date 185 2331.804 BITUMINOUS PAVEMENT RECLAMATION sa YO $4.25 2180 1388.5 0 $5,807.83 186 2331.607 HAUL BITUMINOUS PAVEMENT RECLAMATION (LV) CUYD $1.00 216 253 0 $253.00 187 2350.501 TYPE LV 3 WEARING COURSE MIXTURE (C) TON $35.70 370 201.23 0 $7,183.91 88 2350.502 TYPE LV 3 NON WEARING COURSE MIXTURE (C) TON $37.80 370 12 0 $453.60 189 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GALLON $1.25 155 0 0 $0.00 190 2504.602 CONNECT TO EXISTING WATER MAIN EACH $1,200.00 3 3 0 $3,600.00 191 2504.602 HYDRANT EACH $2,000.00 2 0 0 $0.00 192 2504.602 6" GATE VALVE AND BOX EACH $625.00 2 0 0 $0.00 193 2504.602 8" GATE VALVE AND BOX EACH $1,000.00 1 0 0 $0.00 194 2504.602 12' GATE VALVE AND BOX EACH $1,500.00 5 5 0 $7,500.00 195 2504.603 6' WATER MAIN-DUCT IRON CL 52 L1N FT $30.00 40 27.5 0 $825.00 196 2504.603 8" WATER MAIN-DUCT IRON CL 52 L1N FT $35.00 50 0 0 $0.00 197 2504.603 12" WATER MAIN-DUCT IRON CL 52 L1NFT $40.00 735 742 0 $29,680.00 198 2504.608 DUCTILE IRON FITTINGS POUND $4.00 1600 984 0 $3,936.00 199 2506.522 ADJUST FRAME & RING CASTING EACH $490.00 3 0 0 $0.00 200 2506.602 CASTING ASSEMBLY (MANHOLE) EACH $350.00 1 0 0 $0.00 201 2531.501 CONCRETE CURB & GUTTER DESIGN B618 L1N FT $12.00 115 268.4 0 $3,220.80 202 2531.603 CLEAN & SEAL CONCRETE CURB AND GUTTER L1N FT $0.25 1570 0 0 $0.00 203 2563.601 TRAFFIC CONTROL LUMP SUM $2,000.00 1 1 0 $2,000.00 204 2573.501 BALE CHECK EACH $10.00 20 0 0 $0.00 205 2575.505 SODDING, TYPE LAWN (INCL. TOPSOIL & FERT.) sa YO $4.50 20 200 0 $900.00 Totals For Section SCHEDULE I: $80,880.94 SCHEDULE J - DEDUCT 206 190762 1 DEDUCT FOR COMPLETION OF ALL SCHEDULES 1 LUMP SUM 1 ($1 8,000.00) 11 0 01 $0.00 Totals For Section SCHEDULE J - DEDUCT: I $0.00 Change Order 1 207 90790 RECONSTRUCT CB AT VINE EACH $961.73 1 1 0 $961.73 8 90791 RELAY 27" RCP L1N FT $22.55 460 460 0 $10,373.00 9 90792 RELAY 33" RCP L1NFT $22.55 140 140 0 $3,157.00 210 90793 R&R 48" MH EACH $1,262.47 2 2 0 $2,524.94 211 90794 RECONNECT C8 LEADS EACH $414.26 4 4 0 $1,657.04 212 90795 CURED IN PLACE LINER ON THIRD AVENUE W/13 SERVICES L1N FT $43.01 796 796 0 $34,235.96 Totals For Change Order 1: $52,909.67 Change Order 2 213 2504.604 4" POLYSTYRENE INSULATION so YO $23.60 77 77 0 $1,817.20 214 91014 6" GATE VALVE & BOX (CUT IN) EACH $3,281.30 5 5 0 $16,406.50 215 91015 12" GATE VALVE & BOX (CUT IN) EACH $4,290.00 1 1 0 $4,290.00 216 91016 EXPLORATORY EXCAVATION HOUR $451.88 29.2 29.2 0 $13,194.90 217 2105.601 DEWATERING LUMP SUM $19,822.50 1 1 0 $19,622.50 218 91017 CONSTRUCT MH OVER EX STORM (96') EACH $12,210.00 1 1 0 $12.210.00 219 91018 VALVE NUT EXTENSION EACH $148.57 1 1 0 $148.57 220 91019 RECONSTRUCT SANITARY MANHOLE EACH $5,341.58 1 1 0 $5,341.58 221 2521.501 4' CONCRETE WALK SOFT $2.48 19188 19473 0 $48,293.04 222 2521.501 4" CONCRETE WALK-EXPOSED AGGREGATE SOFT $7.00 100 462.6 0 53,238.20 223 91020 6" CONCRETE WALK (HIGH EARLY) SOFT $3.21 325 2078.1 0 58,670.70 224 91021 7" CONCRETE WALK (HIGH EARLY) SOYD $36.75 145 112.8 0 $4,145.40 225 2521.501 6" CONCRETE WALK sa FT $3.00 -21038 0 0 $0.00 Tolals For Change Order 2: $135,378.59 Project Totals: $2,622,126.46 . Sl ~ q'd 60f7 UI4Y4-UU - Pay Vouchers 6 Tuesday, July 12, 2UU5 . Project Payment Status Owner: City of Monticello Client Project No.: Client Contract No.: Project No.: 01494-00 Contractor: Buffalo Bituminous, Inc. Contract Chan es No. Type C01 Change Order C02 Change Order Date 8/25/2003 1 0/7/2003 Description Additional contract quantities. Modified contract quantities. Change Order Totals: Amount $52,909.67 $64,525.89 $117,435.56 Pavment Summarv No. From Date To Date Payment Total Payment Retainage Per Total Completed Payment Retainage 1 7/1 /2003 8/21/2003 $809,557.08 $809,557.08 $42,608.27 $42,608.27 $852,165.35 2 8/22/2003 8/31/2003 $393,448.32 $1,203,005.40 $20,707.80 $63,316.07 $1,266,321.47 3 9/1 /2003 9/27/2003 $904,852.36 $2,107,857.76 $47,623.81 $110,939.88 $2,218,797.64 4 9/28/2003 1 0/25/2003 $265,624.09 $2,373,481.85 $13,980.22 $124,920.10 $2,498,401 .95 5 10/26/2003 6/21/2004 $96,325.21 $2,469,807.06 $5,069.75 $129,989.85 $2,599,796.91 6& 6/22/2004 1/7/2005 $152,319.40 $2,622,126.46 ($129,989.85) $0.00 $2,622,126.46 FINAL Payment Totals: $2,622,126.46 $0.00 $2,622,126.46 Pro'ect Summar aterial On Hand: Total Payment to Date: Total Retainage: Total Amount Earned: $0.00 $2,622,126.46 Original Contract: $0.00 Contract Changes: $2,622,126.46 Revised Contract: $2,534,905.65 $117,435.56 $2,652,341.21 . s~- ~ q 3 7 on Council Agenda - 8/22/05 . SM. Authorize Staff and WSB to Further Explore Snow Barrier on School Boulevard (WSB) A. REFERENCE AND BACKGROUND: WSB was asked by Public Works staff to research if a snow barrier could be installed along School Boulevard, specifically from CSAH 18 to Fallon Avenue adjacent to the schools and between Edmonson Avenue and Cedar Street adjacent to the future commercial area on the north side of the roadway. Currently, with large snow falls, an excessive amount of snow drifts into School Boulevard, specifically between CSAII 18 and Fallon Avenue and between Edmonson Avenue and Cedar Street. In order to help di vert some of this snow out of the roadway, a snow barrier is being considered for these areas. This barrier would consist of either closely spaced shrubs or trees or removable snow fencing. Several resources were fowld outlining a design process that could be implemented along the roadway. It was found that a barrier could be installed on the north side of School Boulevard approximately 50 to 80 feet behind the sidewalk depending on the density of the barrier (i.e., snow fence, trees, etc.). . The purpose of this agenda item is to request City Council authorization to proceed in developing a plan to determine exactly where the snow barrier should go and what type of materials should be used adjacent to the school and commercial area. This will include negotiations with the school with respect to an easement placing the snow barrier on their property. Initial conversations with the school district have been very positive with respect to this issue. S Il'L Cl. ~ Staff would also need to meet with the Ocello group to discuss the area between Edmonson Avenue and Cedar Street. B. ALTERNATIVE ACTIONS: 1. Authorize staff and WSB to further explore snow barrier on School Boulevard. 2. Take no action at this time. C. STAFF RECOMMENDATION: The City Administrator, Public Works Director, and City Engineer recommend selecting Alternative No. I. D. SUPPORTING DATA: None . ''':U''''"I'' 'O'IJl'dlm".',JI1II5 (.",,"d! ..IKt'lId"'.-Jug .' >::()05"'~-!!.(l5SIIfM Ilurria.d{j{ . . . 5N. Council Agenda - 8/22/05 Consideration of Adoptinl! a Resolution ReQuestinl! Mn/DOT to Conduct a Speed Studv on School Boulevard from CSAH 18 to TH 25 (WSB) A. REFERENCE AND BACKGROUND: The City Council is asked to adopt a resolution requesting Mn/DOT to conduct a Speed Study on School Boulevard from County State Aid Highway (CSAH) 18 to Trunk Highway (TH) 25. Currently, the posted speed limit on School Boulevard through this area is 45 m.p.h. with a school speed zone of 30 m.p.h. when children are present. City Council requested this study as the result of the increase of traffic on School Boulevard with the addition of Wal-Mart and other commercial/retail areas adjacent to TH 25 and the increase in pedestrian traffic through the area. In order tor the speed on School Boulevard to be reduced, a study with a recommendation on the appropriate speed limit must be prepared. The speed study is conducted by the Minnesota Dcpartment of Transportation District Offices, who will make recommendations to the Commissioner of Transportation for the appropriate speed limits. The study will take into account the pedestrian traffic in thc area, the amount of traffic on the roadway, the number of access points in the area, the location of schools, and other operational and safcty issues alony, the roadway which would impact the speed. Typically, the spccd limit is posted at the 85" percentile monitored speed. That is, the speed in which 85 percent of the traffic is traveling along the roadway. There are no guarantees that the spced limit will be reduced through this area as the result of the study. Following the reccipt of the rcsolution from the City, Mn/DOT will schedule the speed study. It is staffs intention that the speed study be conducted prior to October 1,2005, in order to account for outdoor activitics at the schools and heavier pedestrian activities along the roadway. B. ALTERNATIVE ACTIONS: I. Motion to adopt a resolution requesting Mn/DOT to conduct a speed study on School Boulcvard from CSAII 18 to TH 25. 2. Motion to deny adoption ofresolution requesting Mn/DOT to conduct a speed study on School Boulevard from CSAH 18 to TH 25. C. STAFF RECOMMENDATION: D. The City Administrator, Deputy Administrator, Public Works Director, and City Engineer recommend selecting Alternative No. I. SUPPORTING DATA Resolution 5 IV- 9 S !'.'")",,....~',"".".,r..'..'..:'(.'(j-' i """,,".V,'n.r...I!'e c_'._',';"_'",_ ;-Oi.'in',-.'SIiI,r'...\ii"".,'lih'Jd", . CITY OF MONTICELLO RESOLUTION NO. 2005-89 REQUESTING MN/DOT TO CONDUCT A SPEED STUDY ON SCHOOL BOULEVARD FROM CSAH 18 TO TH 25 WHEREAS, THIS RESOLUTION, was made this 220d day of August 2005 by the City of Monticello in Wright County, Minnesota. The Municipal corporation shall hereinafter be called the "City," 5\\1 _qb WHEREAS, the traffic and pedestrian characteristics of School Blvd. have changed with the opening of new commercial/retail business; WHEREAS, the traffic volume and pedestrian traffic on School Blvd. is continuing to increase; WHEREAS, the "City" is requesting a speed study be completed on School Blvd. from CSAH 18 to TH 25; WHEREAS, the "City" has contacted the State of Minnesota (Mu/DOT), who has agreed complete the study prior to October I, 2005; . NOW, THEREFORE, IT IS HEREBY RESOLVED: That the "City" is requesting the State of Minnesota (Mu/DOT) to conduct a speed study on School Blvd. from CSAH 18 to TH 25. Adopted by the City of Monticello City Council the nod day of August 2005. Clint Herbst, Mayor ATTEST: Rick Wolfsteller, City Administrator . . . . Council Agenda - 8/22/05 50. Order Preparation of the Alternative Urban Areawide Review (AUAR) for the Jefferson at Monticello (Heritae:e Development) Site (City of Monticello Proiect No. 2005-14C) (WSB/JO) A. REFERENCE AND BACKGROUND: The proposed Jefferson at Monticello (Heritage development) site includes development and redevelopment of an 890-acre site into a residential, commercial, and golf course area. This site is located between 1-94 and County Road 39 in the northwestern portion of the future annexation area. As per Minnesota Rules 4410.4400, subpart 14, the proposed magnitude of the development area requires an environmental review. The City is the Responsible Government Unit (RGU) charged with completing the environmental review. The City determined in December that an AUAR should be completed for the site. The City is required to officially order an AUAR to start the 120-day review process. While preparation of the AUAR has been previously authorized by the City, it was not the official ordering of the AUAR. Starting work on an AUAR prior to officially ordering an AUAR is common practice as it is very difficult to complete an AUAR and the required review process within 120 days. During this 120 days, the draft AUAR will be presented to the COlillcil for review and authorization for distribution. The draft AUAR will then be submitted to the agencies for a 30-day review and comment period. The draft AUAR will be revised based on comments, reviewed with the Council again, and submitted to the agencies for a 10-day review period. Once this comment period is completed and there are no agency objections, the AUAR can be adopted by the City Council. This review process can take nearly the maximum 120 days, which will end December 20, 2005. lt is anticipated based on the schedule that the City Council will consider adoption of the AUAR at the December 12. 2005 City Council meeting. The preliminary and final plat for this project can not be finally approved until completion of the AUAR process. B. ALTERNATIVE ACTIONS: 1. Motion to officially order the AUAR relating to the Jefferson residential planned unit development. 2. 'vlotion to deny request to order the AUAR relating to the Jefferson residential planned unit development. , ). c. STAFF RECOMMENDATION: The City Administrator, Deputy City Administrator, and City Engineer recommend selecting Alternative No.1. D. SUPPORTING DATA: Draft resolution SO-ql (' 'fi",-, '-"',"-'"''':.\CII.;''g.''''''''''"pms.',,!-,,-,-,('f',/,,;,-,..i.''''lIi".t'.,',I"'_".I'''''''' .r"'c'nlc,,!,'{c,-'(JI.I:..ld(,;.\ 1i1[-,II-iN';",{c,--i":_"I,',,'" . . . CITY OF MONTICELLO RESOLUTION NO. 2005-90 A RESOLUTION ORDERING PREPARATION AN ALTERNATIVE URBAN AREAWIDE REVIEW FOR THE JEFFERSON AT MONTICELLO SITE WHEREAS, the City of Monticello anticipates development within the Jefferson at Monticello site; WHEREAS, the Jefferson at Monticello site is located on approximately 890 acres southwest of 1-94, north of CSAH 39, south of 120'h Street NE, and approximately % mile east of Aetna Avenue in Wright County; WHEREAS, two proposed development scenarios and the existing conditions have been identified through input from the Planning Commission and City Council to be evaluated as part of the AUAR as follows: Scenario 1: Existing Conditions Scenario 2: Guided Land Use Plan (170 acres residential; 280 acres industrial; 440 acres golf course/open space) Scenario 3: Developer Concept Plan (384 acres residential; 74 acres commercial; 331 acres golf course/open space) WHEREAS, the proposed development plan requires the preparation of an Alternative Urban Areawide Review. NOW, THEREFORE, BE IT RESOL VED BY THE CITY COUNCIL, MONTICELLO, MN: The City of Monticello orders the preparation of an Alternative Urban Areawide Review (AUAR) for the proposed Jefferson at Monticello site. Adopted this 22nd day of August, 2005. Mayor Clint Herbst ATTEST: City Clerk Reviewed for administration: City Administrator Rick Wolfsteller SO -Q /? C \Documents and Seltings\dawll.grossingcr,Cl\I,()cal Scttings\Tl.::rnporary Internel Filcs\()I.KA\AUAR Resolution,doc Council Agenda - 8/22/05 . SP. Consideration of approvine: npdates to credit card policv and Walmart credit application. (C.S., R.W.) A. REFERENCE AND BACKGROUND: Currently, the City of Monticello has credit card agreements with Larson's Ace Hardware and Holiday Station store of Monticello. Several departments have requested that the City consider establishing a credit agreement with Walmart in Monticello. Walmart will only accept credit cards, so we cannot establish an open charge authorization list like we do at some other local businesses. Minnesota state statutes require cities to have approval of their city council before applying for a credit card agreement. We would like to request approval of adding Walmart to our authorized credit card vendors. . When we looked at our current credit card policy, it did not appear to adequately track the use of credit cards to meet audit requirements. One of the requirements is that all credit cards be stored in a secure place with restricted access. We arc proposing that the majority of the cards would be stored in the vault at city hall and employees would check them out as needed. A limited number of cards would be issued to department heads authorized to be responsible for use of the eard(s). All cards would need to be checked out through use ofa standard form (see sample included). This would meet another audit requirement to verify that those using credit cards have been authorized to do so. Our current policy requires that the purchaser must sign the charge slip and turn it in. This would remain part ofthc policy with the charge slip being turned in when the credit card is returned. All charge slips arc given to the department head for an approval signature, which is also an audit requirement. We request that the Council approve the updated credit card policy, \vhich is attached to this agenda item. B. ALTER'l/ATIVE ACTIONS: 1. Approve the updated credit card policy for the City and the application for Walmart credit cards. 2. Do not approve the policy and/or Walmart credit card application. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator and the Finance Department to approve the updated credit card policy and to submit the application for Walmart credit cards for city purchases. State statutes require the City Council to approve credit card policies and credit card applications. D. SUPPORTING DATA: . Updated credit card policy; sample authorization form S?- C\ C\ . City of Monticello CREDIT CARD POLICY The City limits use of credit cards to local stores that require a credit card to be used for purchases that are charged and billed later. Specific store credit cards may be used for credit purchases only if authorized by City Council according to MN state statutes. The city Finance department will initiate a credit card application(s) after approval by City Council. Cards will be issued at the department level (i.e., MCC, city hall, water/sewer, parks, public works, liquor store, deputy registrar, fire). This should generate invoices from the vendor relative to each department's charges, which will make it more efficient for processing thc bills and issuing payments to the vendors. Thc department head will be responsible for authorizing employees to make credit purchases. Credit cards must be stored in a secure site with controlled access. Employees must sign for their department's credit card from an authorized person. When they are done with the card, they must return the card along with signed charge slip to an authorized person. Forms will be provided to those authorized to check out the cards. This will providc a means of storing and tracking credit card use and comply with audit requirements. . Thc Finance department will ensure that charge slips are approved with a department head signature and then match verified slips against the vendor invoices. Every effort will be made to avoid generating late fees and interest caused by late payments. The Finance department may utilize online bill payments to insure that payment deadlines are met. AUTHORIZED VENDORS Larson Ace Hardware, Monticello Holiday Stationstore, Monticello Walmart, Monticello AUTHORIZED CHECK OUTS Finance de artment em loyees City Administrator Community Center Director Liquor Store Manager Fire Chief Public Works Director . s p- t Oa :; 0 -'" u Q) .c II rn -0 w ~ ell l- II 0 ~ Z 15 ~ II 1-0 ~ a..w c: -z - Wo:: >- - U:J Z ~I- .. 1-0 ZW :JC) 00:: :2;<l: ~ <l:J: U a::: 0 ~ LL Z I- W => C) 0 z <l: Z ~ W C> U :2; W en J: I- 0 U W a::: l- e:( <l: () 0 I- o -, 0 WW W NW ->- a::: 0::0 () O...J J:a.. 0 1-:2; W :Jw N <l: a::: 0 ~ :I: a.. I- W => 0 e:( -w 00:: 0::0 <l:1- Urn I- z W ~ C) :J <l: 0 .. ~ W U :2; . W I- J: U W I- ..L. (5 L: P-l 0 ( :J . . s ~ - ~D;;) Council Agenda - 8/22/05 SQ. Consideration of Approvine: Plans and Specifications and Authorizine: the Advertisement for Bids for the CSAH 18/1-94 Interchane:e Proiect (City Proiect No. . 2004-1C) (WSB) A. REFERENCE AND BACKGROUND: The City approval of the plans and specifications and authorizing the advertisement for bids is required for the CSAH 18/1-94 interchange. The City Council ordered the construction of this project at the April 11, 2005 Council meeting. The construction of a full access interchange at CSAH 18 and 1-94 is included in the following agreements: . Cooperative Construction Agreement between Monticello and MnlDOT Cooperative Construction Agreement between Monticello and Wright County Utility Rclocation Agreements between Mn/DOT and Private Utilities Grade Crossing Agreement between Monticello, Wright County, and BNSF Right-of-Way Agreement between Monticello and Mn/DOT . . . . The Cooperative Agreement between Monticello and MnlDOT was written by MnlDOT. The Cooperative Agreement will include the Signal Agreements lor the new signals at the CSAII18 _7th Street and the CSAH 18 - Chelsea Road intersections. . The Cooperative Agreement between Monticello and Wright County was written by WSB. The Agreement is similar to the CSAH 18/39 Cooperative Construction Agreement (Agreement Number 05-51) that was executed at the May 23, 2005 Council meeting. The Wright County cost participation cap is $2,000,000. The final Cooperative Agreement will be generated following the approval of the Monticello - Mn/DOT Cooperative Agreement. The Cooperative Agreement will include the Signal Agreements for the new signals at the CSAH 18 - 7'h Street and the CSAH 18 - Chelsea Road intersections. The Utility Relocation Agreements between MnlDOT and the private utilities (TDS, AT&T, Xcel Energy, and Charter Communications) are being written by Mn/DOT. These agreements are required since thc work is on thc interstate system. Monticello will be participating in the cost of utility relocation with Mn/DOT based on the overall project cost split. The Grade Crossing Agreement between Monticello, Wright County and BNSF is being written by BNSF. This agreement was executed at the May 23, 2005 Council meeting and forwarded to Wright County for execution. Wright County approved the agreement for execution at the July II, 2005 Board meeting. The Agrecment is currently in processing at the BNSF RR Legal Department. The Right-of~Way Agreement between Monticello and Mn/DOT is being written by Mn/DOT. MnlDOT District 3 submitted the information for Mn/DOT Central Office Land Management review and concurrence on August 12,2005. . (':'/1,."",,,,.,,,. ,.."d_\,.,I;,...~y.,i...",i,.g"'".<"g,,'-I.!'1 "'(ii ,""""g.i'!""'I'" ,," J..",-,-",., 1:,1,,,'( If},-..I\ 1(; \ II II-{ '\ 1.'1 i' ''''c,''dump' .[";h,,,-I;.- No", Iii '"., fj'.! ',"'_'}rI< ,.'", 50- \03 . Council Agenda - 8/22/05 Right-of-way will need to be acquired from property owners abutting the proposed interchange project as recorded on the Wright County Highway Right-of-Way Plat No. 55. The City currently has right of access approvals from all property owners affected by the interchange project. Property owners affected by the construction of CSAH 18 interchangc are: . Wright County . Monticello Industrial Park . Independent School District No. 882 . Liberty State Bank . MMC Land Co" Inc. . Palf Co. . Dahlheimer Dist. Co. Inc. . Dahlheimer & Sons, LLC . Hawks Bar and Grill Two of the three billboards currently located on the A VR Concrete plant site will be relocated with this project. The plans and specifications have been reviewed and approved by Monticello staff, Mn/DOT District 3, and Wright County. The plans and specifications are currently at Mn/DOT Central Office in the process of obtaining tinal signatures. . Construction is anticipated to begin in September 2005. The interchange will be open to traffic on or before August 31, 2006, with final construction completed in the spring of 2007. The existing CSAH 18 bridge over 1-94 will be removed on or before Decembcr 15, 2005 and traffic will be routed along the posted detour route (CSAH 75 to Meadow Oak). A separate truck detour route will be along TH 25 and CSAH 75 since trucks will not be permitted on the Meadow Oak detour route. Project completion dates with associated liquidated damages are in the contract for construction documents. Utility improvements include completing the relocation of the existing trunk watermain crossing 1-94 along CSAH 18 started with the CSAH 18/39 Improvement project. The water main is relocated because of the reconstruction of the CSAH 18 bridge over 1-94. Storm sewer for CSAH 18 will outlct through a pond system constructed with this project. The project is proposed to be funded through assessments to the adjacent benefiting properties, Mn/DOT, Wright County, and City ti.ll1ds. B. ALTERNATIVE ACTIONS: 1. Approve thc plans and specifications and authorize the advertisemcnt for bids for the CSAH 18/1-94 Interchange Project. 2. Do not authorize the work at this time. . (' ,Ji,'C""" i. '<"".,'S'/II""'-,,I,,,,.,, ;"., '-;"/"-,('f,f,w,"! '\""""g'- /"'''1''''''':' t:;"""'f hi,-,.iN A..I".I(;\ fl.!/-( '.\I!/ i.' /ru,'nil"il", I' "'''''c..n"",', .1.',' I,,' Ihl ,,_'"'(J'....',~ . . . Council Agenda - 8/22/05 c. STAFF RECOMMENDATION: The City Administrator, Deputy City Administrator, Public Works Director, and City Engineer recommend selecting Alternative No. I. D. SUPPORTING DATA: None SQ)- \ 0'--\ (.:',/,.....""..,."" ,,,,,;.>..'.'.',','.<,.,),,........,.;.,.,..,,;, g,.,."I'.r....C",',""-'iiil'.i,',lc,...",".'''.,.{..,.-..''....!..iJ"',(){"._"_I';\.F!I/-".\/fif'I"..".,.i,,,,;c.....I,,I' .,'oeN,.,,_.' I","'r !i,,! ("_:.!O.;-,I" . . . B. Council Agenda - 8/22/05 SR. Consideration of amendment to City's transient merchant ordinance to restrict honrs of ooeration. (RW) A. REFERENCE AND BACKGROUND: At the last Council meeting, statl' was asked to research and provide recommendations on possible amendments to our current transient merchant, peddler and solicitor ordinance, especially related to the time of day these activities could take place. Conccrns werc also noted regarding restricting ccrtain peddlers or solicitors through an ordinance, but this becomes more difficult as I will briefly explain later. After reviewing our currcnt ordinance relating to transient merchants, peddlers and solicitors, City Attorney, Tom Scott has recommended a simple ordinance amendment that would limit the time in which these activities can take place from 8 a.m. to 9 p.m. daily. The Council can determine whether these hours should be increased or decreased before adopting any amendment. Our currcnt ordinance regulating these activities has been amended a number of times over the years and is generally in compliance with recent court cascs and regulations recommended by the League of Minnesota Cities. Basically, unless the City wants to attempt to completely ban door to door sales and solicitations by everyone, including organizations such as Girl Scouts, Boy Scouts, Hockcy Associations, school fund-raising activities, it will not be legal to have an ordinance that only specifies certain vendors as being prohibited. What the City's current ordinance does follow is that everyone soliciting or peddling should have registered with City Hall, unless they are a religious organization which is exempt, but our ordinance does not prohibit their activities. If the real issue seems to be the time of day that these door to door solicitations are taking place, adopting a regulation and an ordinance amendment that provides hours these activities can occur in seems to be thc best approach at this time. At least if anyone is violating the hours of operation, the Sheriffs Department can use our ordinance to stop the activity. Initially the City Attorney had recommended only regulating the hours of operation for solicitors and peddlers who engage in door to door activities, but the Council could also add the same time frame to transient merchants, who conduct sales activities at permanent locations rather than door to door. If the Council does not feel that transient merchants need to be regulated within the same hours, i.e. vegetable and fruit stands or fireworks sales since they are not going door to door. the ordinance could be adopted as outlined by the City Attorney. If the Council wants to add transient merchants to the same hours of activities, a simple amendment to include transient merchants in the ordinance amendment can be adopted. In that case, it is suggested the item be pulled from the consent agenda so that changes can be made to the proposed ordinance. AL TERNA TIVE ACTIONS: I. Adopt the ordinance amendment as recommended that would regulate the hours that solicitors and peddlers could engage in door to door sales of 8 a.m. to 9 p.m. SR- \ OS . Council Agenda - 8/22/05 2. Adopt an ordinance amendment regulating solicitors and peddlers activities between a different time schedule to be determined. C. STAFF RECOMMENDATION: City staff and legal counsel assumes the City does not want to try to prohibit all door to door sales or solicitations, including solicitations by local youth organizations or charitable organizations, the only amendment recommended at this time would be to limit the hours of activities of solicitors and peddlers to no later than 9 p.m. and no earlier than 8 a.m. Since transient merchants are located in one spot and are not involved in going door to door, there may not be the need to regulate their hours of operation to a specific time trame. As a result, it is the recommendation of the City Attorney and the City Administrator that the Alternative # I be adopted regulating only solicitors and peddlers at this time. D. SUPPORTING DATA: Copy of proposed ordinance amendment. . S~- lO\o . . . . . ORDINANCE NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE RESTRICTING HOURS OF OPERATION FOR DOOR TO DOOR SOLICITORS AND PEDDLERS, AMENDING TITLE 3, SECTION 10 OF THE CITY CODE OF THE CITY OF MONTICELLO THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS: Section 1. Title 3, Section 10 of the City Code of the City of Monticello is amended to add the follovving: 3:10:15 Solicitors and peddlers shall not engage in house to house and door to door activities between the hours of9:00 p.m. and 8:00 a.m. Section 2. Effective Date. This Ordinance shall be effective immediately upon its passage and publication according to law. Adopted by the City Council of Monticello, Minnesota on the _ day of .2005. ATTEST: Clint Herbs!' Mayor Rick Wolfsteller, City Administrator 120157 S \<- I.DI . . . PRE-LETTING SERVICES SECTION STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION COOPERATIVE CONSTRUCTION AGrr\~R~EAl~rp.T y- ii\t. Mn/DOT AGREEMENT NO. 88237 S.P. 8680-138 (T.H. 94;392) City Proj. CP2004-01C County Proj. CP 86-18-061 County Proj. CP 86-39-061 State Funds The State of Minnesota Department of Transportation, and The City of Monticello Re: State lump sum payment for grading, paving, drainage, signing, lighting, signals, striping, and bridge No. 86530 construction by the City over T.H. 94 ORIGINAL AMOUNT ENCUMBERED .$~,!J'., -'~.~3 AMOUNT RECEIVABLE (None) THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Monticello, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". 1 55-\0'\ . 88237 WHEREAS, the City is about to perform grading, paving, drainage, signing, lighting, signals, striping, and bridge No. 86530 construction and other associated construction upon, along and adjacent to Trunk Highway No. 94 from Engineers Station 961+30 to Engineers Station 998+98, and on count~Stat~ Aid Highways No. ,18/39 from School Boulevard to Hart BOI)f(~~~thln the corporate Clty limits in accordance with City-prepared plans, specifications and special provisions designated by the City as City Project No. CP2004- 01C, by the County as County Projects No. CP 86-18-061, CP 86-39-061 and by the State as State Project No. 8680-138 (T.H. 94=392); and WHEREAS, the City has requested participation by the State in the costs of the grading, paving, drainage, signing, lighting, traffic signals, striping, and bridge No. 86530 construction; and . WHEREAS, in accordance with Mn/DOT Policy the State's participation is based on Mn/DoT's Policy and Procedures for Highways (including bikeways) 6.1.G.1, Policy and Procedures for Cooperative Construction Projects with Local Units of Government, dated April 2004 revision; and SS _\\0 WHEREAS, the Federal Highway Administration has recommended the State have full over site of the construction engineering and inspection of all contract construction; and WHEREAS, the State is willing to participate in the costs of the grading, paving, drainage, signing, lighting, traffic signals, striping, and bridge No. 86530 construction and associated construction engineering in a lump sum amount as hereinafter set forth; and . 2 . 88237 WHEREAS, the State has determined that it is in the public's best interest to install new traffic signals including street lights, Emergency Vehicle Pre-emption (EVP) system, interconnection and signing at the location set out in this agreement; and WHEREAS, the State shall furnish ~!fnr~shed Materials (SFM) , consisting of a master controller ~lfi\nf ~ew signal cabinets with control equipment, and battery back-up to operate the new traffic control signal systems, interconnection, and (EVP) , at the locations set out in the construction plan for S.P. 8680-138, and the State shall receive a credit from the City, for the City's share of SFM costs; and WHEREAS the City requested one signal cabinet with control equipment and battery back-up to operate the new City installed signal system, . with EVP, and interconnection, at County State Aid Highway No. 75 and Hart Boulevard, and the State shall receive a credit of 100 percent from the City, for the SFM cost; and WHEREAS, the City has expressed its willingness to participate in the cost, maintenance, operation, and electrical power supply of the new traffic signal including street lights, interconnection, and (EVP) system construction and the State furnished materials as hereinafter set forth; and 3 s s -. \ II WHEREAS, as part of the proposed construction, certain public utilities located within the State Trunk Highway right of way are impacted by the proposed construction, and Minnesota Statutes 161.46 allows for reimbursement of the relocation costs for these publicly owned utilities. The State shall enter into separate Agreements with . . . . 88237 AT&T Corporation, agreement No. 88572, Xcel Energy, agreement No. 88598, and TDS Telecom agreement No. 88599 respectfully; and WHEREAS, the City has expressed its willingness to participate in the cost of publicly owned utility relocations within the State Trunk Highway right of way, and the State shall receive a credit from the City, for the City's share of utili~fe~a1rion costs as hereinafter set forth; and WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental 'authority for the purposes of constructing, maintaining and improving the trunk highway system. IT IS, THEREFORE, MUTUALLY AGREED AS FOLLOWS: ARTICLE I - CONSTRUCTION BY THE CITY Section A. Contract Award and Construction The City shall receive bids and award a construction contract to the lowest responsible bidder, subject to concurrence by the State in that award, in accordance with State-approved City plans, specifications and special provisions designated by the City as CP2004-01C and by the State as State Project No. 8680-138 (T.H. 94=392). The contract construction shall be performed in accordance with State-approved City plans, specifications and special provisions that are on file in the office of the City's Engineer, and are incorporated into this Agreement by reference. Section B. Documents to be Furnished to the State The City shall, within 7 days of opening bids for the construction contract, submit to the State's District Engineer at Baxter a copy of the low bid and an abstract of all bids together with the City's 4 s s- \ \ ~ . 88237 request for concurrence by the State in the award of the construction contract. The City shall not award the construction contract until the State advises the City in writing of its concurrence therein. Section C. Rejection of Bids The City may reject and the State may require the City to reject any or all bids for the construction cont~~." ~~ party rejecting or requiring the rejection of bids must !)~~~~e other party written notice of that rejection or requirement for rejection no later than 30 days after opening bids. Upon the rejection of all bids pursuant to this section, a party may request, in writing, that the bidding process be repeated. Upon the other party's written approval of such request, the City will repeat the bidding process in a reasonable period of time, without cost or expense to the State. . Section D. Direction, Supervision and Inspection of Construction The contract construction shall be under the direction of the City and under the supervision of a registered professional engineer; however, the State cost participation construction covered under this Agreement shall be open to inspection by the State District Engineer's authorized representatives. The City shall give the District Engineer at least five days notice of its intention to start the contract construction. Responsibility for the control of materials for the State cost participation construction covered under this Agreement shall be on the City and its contractor and shall be carried out in accordance with Specifications No. 1601 through and including No. 1609 as set forth in the State's current "Standard Specifications for Construction" . . 5 Ss- V13 . 88237 Section E. Completion of Construction The City shall cause the contract construction to be started and completed in accordance with the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended, by an exchange of letters between the appropriate City official and the State District Engineer'S authorized representative, for unavoidable delays encountered in the performance thereof. If) lChlF' T. Y il\i1\ i . Section F. Additional Construction, Plan Changes, Etc. Due to the request from the Federal Highway Administration, all changes in the plans, specifications and special provisions for both State cost participation and non-State cost participation construction covered under this contract and all addenda, change orders and supplemental agreements proposed by the City or its contractor, must be approved in writing by the State District Engineer'S authorized representative, prior to work being authorized or entered into by the City and its contractor. Section G. Com liance with Laws, Ordinances and Re ulations The City shall, in connection with the award and administration of the construction contract and the performance of the contract construction, comply and cause its contractor to comply with all Federal, State and Local laws, and all applicable ordinances and regulations. . Section H. Right-of-Way, Easements and Permits The City and the State shall share in the right-of-way as set out in right-of -way agreement No. The City shall obtain all rights-of-way, easements, construction permits and any other permits and sanctions that may be required in connection with the contract construction. Prior to advance payment by the State, the City shall 6 s C; 0, tt\.) - . . . 88237 furnish the State with certified copies of the documents for those rights-of-way and easements, and certified copies of those construction permits and other permits and sanctions required for State cost participation construction covered under this Agreement. The City shall submit to the State's Utility Engineer an original permit application for all City-owned utilities to be constructed hereunder that are upon and within the trunk highway right-of-way. Applications for permits shall be made o~~lrm "Application For Utility Permit On Trunk Highway Right-Of-Way" (Form TP2525) . The City shall submit to the Minnesota Pollution Control Agency the plans and specifications for the construction or reconstruction of its sanitary sewer facilities to be performed under the construction contract and obtain, pursuant to Minnesota Statutes Section 115.07 or Minnesota Rules 7001.1030, subpart 2C, either a permit or written waiver from that agency for that construction or reconstruction to be performed under the construction contract. The City is advised that pursuant to Minnesota Rules 7001.1040, a written application for the permit or waiver must be submitted to the Minnesota Pollution Control Agency at least 180 days before the planned date of the sanitary sewer facility construction or reconstruction. ARTICLE II - BASIS OF PAYMENT BY THE STATE Section A. SCHEDULE "I" A Preliminary SCHEDULE "I" is attached and incorporated into this Agreement. The Preliminary SCHEDULE "I" includes all anticipated State cost participation construction items the construction engineering, and the credit to the State for State Furnished Materials, cost share covered under this Agreement. 7 ss" \\5 . . . 88237 Section B. State Cost Participation Construction The State shall, at the percentage indicated, participate in the following construction to be performed upon, along and adjacent to Trunk Highway No. 94 from Sta. 961+30 to Sta. 998+98, and on County State Aid Highway No. 18/39 from School Boulevard to Hart Boulevard within the corporate City limits under State Project No. 8680-138 (T.H. 94=392). The construction includes the State's proportionate share of item costs for mobilization, field office, field laboratory and traffic control. DRAfT 1. 100 Percent shall be the State's rate of cost participation in the ramps C, D, J, C.S.A.H. 75, and ponds 4,6, 7, and 8 construction, which is on file at the locations given in Section A. of this article. The construction includes, those construction items as tabulated on Sheets No. 2 and No. 3 of the attached Preliminary SCHEDULE "I". 2. 50 Percent shall be the State's rate of cost participation in all of the T.H. 94 construction, which is on file at the locations given in Section A. of this article. The construction includes, those construction items as tabulated on Sheets No. 4 and No. 5 of the attached Preliminary SCHEDULE "I". 3. 36.5 Percent shall be the State's rate of cost participation of the County State Aid Highway No. 18 construction from School Boulevard to County State Aid Highway No. 75, which is on file at the locations given in Section A. of this article. The construction includes those construction items as tabulated on Sheets No.. 6 of the attached Preliminary SCHEDULE "I". 4. 25 Percent shall be the State's rate of cost participation of the Traffic Control Signal System "A" and "B" construction at Trunk 8 5S~l\b . . . 88237 Highway No. 94 westbound exit ramp, and Trunk Highway No. 94 eastbound entrance ramp, which is on file at the locations given in Section A. of this article. The construction includes those construction items as tabulated on Sheets No. 7 of the attached Preliminary SCHEDULE "I". 5. 24 Percent shall be the State's rate of cost participation in the Pro-rata, Signing, and Turf construction based on total project costs, which is on file at the locations given in Section A. of this article. The construction includes, those construction items as tabulated on Sheets No. 8 of the attached Preliminary SCHEDULE "I". 6 . 22 Percent shall be the State's rate of cost participation in the Storm Sewer construction based on total project costs or State Aid method, which is on file at the locations given in Section A. of this article. The construction includes, those construction items as tabulated on Sheets No. 9 thru No. 11 of the attached Preliminary SCHEDULE "I". 7. 11 Percent shall be the State's rate of cost participation in the Bridge No. 86530, and adjacent items to complete the bridge structure construction, which is on file at the locations given in Section A. of this article. The construction includes, those construction items as tabulated on Sheets No. 12 of the attached Preliminary SCHEDULE "I". Section C. Construction Engineering Costs The State shall pay a construction engineering charge in an amount equal to 8 percent of the total cost of the State participation construction covered under this Agreement. 9 s S- \ tJ . . . 88237 ARTICLE III - PAYMENT BY THE STATE It is estimated that the State's share of the costs of the contract construction plus the 8 percent construction engineering cost share and a $250,000.00 contingency amount, minus the amount of the City's portion of SFM, minus the amount of the City's utility relocation cost of $____ is the sum of $2,489,408.38 as shown in the attached Preliminary SCHEDULE "I". The attached Preliminary SCHEDULE "I" was prepared using estimated unit prices. Upon receipt and review of the construction contract bid documents described in Article I, Section B. of this Agreement, the State sha~~~~ide whether to concur in the City's award of the constructi~il~~!ract and, if so, prepare a Revised SCHEDULE "I" based on construction contract unit prices. The contingency amount is provided to cover increased State costs when changing the SCHEDULE "I" from estimated unit prices to contract unit prices. After the following conditions have been met, the State shall advance to the City the State's full and complete lump sum cost share as shown in the Revised SCHEDULE "I": A. Encumbrance by the State of the State's full and complete lump sum cost share as shown in the Revised SCHEDULE "I". B. Receipt by the State from the City of certified documentation for all of the right-of-way and easement acquisition required for State cost participation construction covered under this Agreement, and the approval of that documentation by the State's Land Management Director at St. Paul. C. Execution and approval of this Agreement and the State's transmittal of it to the City along with a copy of the Revised 10 S S~n't . 88237 SCHEDULE "I" and a letter advising the City of the State's concurrence in the award of the construction contract. D. Receipt by the State of a written request from the City for the advancement of funds. The request shall include certification by the City that all necessary parties have executed the construction contract. ARTICLE IV - CONSTRUCTION DOCUMENTS FURNISHED BY THE CITY The City shall keep records and accounts that enable it to provide the State, when requested, with the following 0 RAfT A. Copies of the City contractor's invoice(s) covering all contract construction. . B. A copy of the endorsed and canceled City warrant or check paying for final contract construction, or computer documentation of the warrant issued certified by an appropriate City official that final construction contract payment has been made. C. Copies of all construction contract change orders and supplemental agreements. D. A certification form, provided by the State, signed by the City's Engineer in charge of the contract construction attesting to the following: 1. Satisfactory performance and completion of all contract construction in accordance with State-approved City plans, specifications and special provisions. . 11 s s- \ ~ ~ . . . .88237 2. Acceptance and approval of all materials furnished for the State cost participation construction covered under this Agreement relative to compliance of those materials to the State's current "Standard Specifications for Construction". 3 . Full payment by the City to its contractor for all contract construction. E. City Engineer certified copies of material sampling reports and of material testing results for the materials furnished for the State cost participation construction cover~~~~ThiS Agreement. Uif\Ir\r; F. A copy of the "as built" plan sent to the State's District Engineer. ARTICLE V - GENERAL PROVISIONS Section A. Replacement of Castings The City shall furnish its contractor with new castings and parts for all inplace City-owned facilities constructed hereunder when replacements are required, without cost or expense to the State. Section B. Maintenance by the City Upon satisfactory completion of the non-Trunk Highway construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of the roadways and all of the facilities a part thereof, without cost or expense to the State. Maintenance includes, but is not limited to, snow, ice and debris removal, resurfacing and seal coating and any other maintenance activities necessary to perpetuate the roadways in a safe and usable condition. 12 Ss _\d-O . 88237 . Upon satisfactory completion of the non-Trunk Highway storm sewer facilities construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper routine maintenance of those facilities, without cost or expense to the State. Routine maintenance includes, but is not limited to, removal of sediment, debris, vegetation and ice from structures, grates and pipes, repair of minor erosion problems, and minor structure and pipe repair, and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, sedimentation or accelerated deterioration of the facilities. Upon satisfactory completion of the PUbliCly-owne~~f\~1ts construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper maintenance of those utilities, without cost or expense to the State. Upon satisfactory completion of the non-Trunk Highway ponds No. 5 and No. 9 construction to be performed within the corporate City limits under the construction contract, the City shall provide for the proper routine maintenance of those facilities, without cost or expense to the State. Routine maintenance includes, but is not limited to, removal of sediment, debris, vegetation and ice from structures, grates and pipes, repair of minor erosion problems, and minor structure and pipe repair, and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, sedimentation or accelerated deterioration of the facilities. . Section C. Signal Maintenance Upon satisfactory completion of the traffic control signal systems "A" and "B" construction to be performed within the corporate City 13 SS~\:>\ . . . 88237 limits under the construction contract, the City shall the following, without cost or expense to the State. provide for 1. Maintain the traffic control signal attached luminaires and all of its components, including replacing the luminaire when necessary. 2. Re-Iamp the new traffic signals and luminaires. 30 Clean and paint the new traffic signals, cabinets and luminaire mast arm extensions. 4. Paint and maintain the pedestrian crosswalk m~~ni~' cost and expense, maintain~~e t\~n1[ng and The State shall, at its perform all other traffic control signal systems "A" and "B" maintenance, and the interconnect on CoS.A.H. 18 from traffic control signal system "A" to system "C". Maryanne wants some kind of receivable maint from city, for timming, EVP of sys. C? Not sure what she means? The City shall, at its cost and expense, maintain the City installed signal system "C" and perform all other traffic control signal and street light maintenance for traffic control signal systems "C"o The City shall be responsible for the cost and application to secure an adequate power supply to traffic signal systems "A", "B", and "C", service pads or poles. Upon satisfactory completion of the traffic signal construction to be performed within the corporate City limits under the construction contract, the City shall pay all monthly electrical service expenses necessary to operate the traffic signals, 14 S"S-l;)::1 . . . 88237 interconnection and the EVP systems, without cost or expense to the State. Section D. Operation of EVP Systems The EVP systems shall be installed, operated and removed in accordance with the following conditions and requirements. 1. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes Section 169.01, subdivision 5. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City shall provide the State's District Engineer or his authorized representative with a list of all City-owned emitter units. veOR1,\Ffh 2. Upon the City gaining knowledge of a malfunction of an EVP system, the City shall immediately report such malfunction to the State. 3. If an EVP system or its components are, in the opinion of the State, being misused or the conditions set forth in item 1 of this section are violated, and such misuse or violation continues after the State has provided written notice to the appropriate party, the State may remove the EVP system. Upon removal of the EVP system pursuant to this paragraph, all of its parts and components become the property of the State. 4. The State shall determine all timing and perform all maintenance of the EVP systems. 15 SS-Ld3 . 88237 Section E. Traffic Signal Timing The State shall determine all timing of the traffic signals constructed within the corporate City limits under the construction contract, and no changes may be made except with the written approval of the State. . Section F. Additional Drainage Neither party to this Agreement shall drain any additional drainage into the storm sewer and pond facilities to be constructed under the construction contract, that was not included in the drainage for which the storm sewer or pond facilities were designed, without first obtaining permission to do so from the other party. The drainage areas served by the storm sewer and pond facilities cons1ructed under the construction contract are shown in a drainage are~#\~~BIT "Drainage Area", which is on file in the office of the State's District Hydraulics Engineer at Baxter and is incorporated into this Agreement by reference. Section G. Future Responsibilities Upon satisfactory completion of the non-Trunk Highway construction to be performed within the corporate City limits under the construction contract, the City shall thereafter accept full and total responsibility and all obligations and liabilities arising out of or by reason of the use, operation, maintenance, repair and reconstruction of City roadways and all of the facilities a part thereof constructed hereunder, without cost or expense to the State. . Section H. Termination of Agreement Each party may terminate this Agreement, with or without cause, by providing the other party with written or fax notice of effective date of termination. The State is not obligated to pay for services performed after notice and effective date of termination. Upon such 16 SS~l;),-\ . . . 88237 termination, the City is satisfactorily performed date of termination. entitled to payment for services under this Agreement prior to the effective The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered under this Agreement. Termination must be by written or fax notice to the City. The State is not obligated to pay for services performed after notice and effective date of termination. Upon such termination, the City is entitled to payment for services satisfactorily performed under this Agreement prior to the effective date of termination, to the extent the funds are available. DRAFT Section I. Examination of Books, Records, Etc. As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final payment. Section J. Claims Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes Section 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. 17 5 S - ld S . . . 88237 Section K. Nondiscrimination The provisions of Minnesota Statutes Section 181.59 and of any applicable law relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. Section L. Agreement Approval Before this Agreement becomes binding and effective, it shall be approved by a City Council resolution and executed by such State and City officers as the law may provide in addition to the Commissioner of Transportation or their authorized representative. ARTICLE VI - AUTHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. Her current address and Phon~' ,~~ ~~1tre .. , . I )r ~I 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55 , (651) 296-0969. The City's Authorized Agent for the purpose of the administration of this Agreement is Rick Wolfsteller, City Administrator, or their successor. 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REFERENCE AND BACKGROUND: Professional Services Group (PSG) has been the City's contract operator for the wastewater treatment plant for the past 19 years, starting in the fall of 1986. The City first considered contract operations due to personnel issues at the wastewater treatment plant and the ever increasing technical nature of wastcwater treatment and its operational complexity. Our contract with PSG includes the daily operation and maintenance of the facility. The price of the contract is fixed each year with the exception ofa small cost ofliving increase which is negotiated each year. The out of pocket hard dollars for repair parts and maintenance supplies is also adjusted annually and is allowed to be exceeded under certain conditions. In addition, when the actual cost of natural gas or electricity increases the City picks up the cost of those increases which are above the budgeted amount. PSG has operated our wastewater treatment plant with care and diligence. Most of the employees at the wastewater treatment plant have been there for many years and are highly qualified, well trained individuals. The depth of PSG and its parent companies has allowed us to work through complex issues as they have occurred over the years at the wastewater treatment plant, and the plant has won many operational awards over the past two decades. PSG is asking to begin negotiations with the City for a new five-year contract which would begin January I, 2006. The actual agreement would be brought back at a later date at which time the City could continue its relationship with PSG or look at other options should the contract not appear favorable to the City. B. AL TERNA TIVE ACTIONS: I. The first alternative would be to direct City Staff, consisting ofthe City Administrator and Public Works Director. to negotiate a new five-year contract with PSG to be brought back to the City Council at a later date for review. 2. The second alternative would be not to begin negotiating a new contract and consider other alternatives. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator and Public Works Director that the City Council allow staff to begin negotiating a new five-year contract as outlined in alternative # I. D. SUPPORTING DATA: . Copy ofletter from PSG and their parent company, Veolia Water, requesting to begin negotiations for a new contract. Also included is a copy of our existing contract with PSG. 5\_\1..\0 ~ . ~(Q)[F)~ July 14, 2005 Honorable Mayor and council City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362 Dear Mayor Herbst and Council: In 2001, the City Council negotiated a 5-year contract extension with professional Services Group (PSG) to provide contract operations, maintenance and management (OM&M) of the wastewater treatment facility. In 2006, the City faces the important decision to allow PSG, now Veolia water North America, to continue serving the Monticello community for another term. Chuck. and I, along with all of the on-site wastewater personnel and all of Veolia water, hope that the council's confidence and level of comfort with Veolia Water is such to allow Veolia Water to continue this partnership for another fIVe-year term. Much as been accomplished over the years regarding treatment facility expansion and improved operations and maintenance; Veolia Water stands prepared to meet all new challenges and desires to continue our successful working partnership with the City. As such, Veolia Water wishes to express our sincere interest in renewing our partnership in accordance with the renewal provisions of our existing Agreement. By means of this letter, Veolia Water respectfully requests that the City council authorize City Staff to begin negotiations for a renewal Agreement with Veolia Water for another five-year term. We have seen many changes in the City since our last Agreement. New elected officials have taken their duties of guiding the City with diligence and foresight. Regulatory agencies continue to modify, change and alter their regulations, lat;loratory testing methods and process control levels. It remains quite a task to provide oversight on State and Federal regulatory actions and Veolia Water will continue to be a resource for the City on such matters. Beyond the scope of our services and technical aspects of our work for the community, we have developed a relationship which as grown much beyond that of a contractor to an employer. True and lasting friendships have developed. Veolia Water stands dedicated to the Monticello community and to providing Monticello with a level of service of which the City can proudly claim that costs are held down while service increased. . . VEOLlA WATER NORTH AMERICA OPERATING SERVICES, LLC 1401 Hart Boulevard, Monticello, MN 55362 Tel 763-295-2225 x24 Fax 763-295-4779 www.veoliawaterna.com S"\ _ \L\ \ ~LIA ~nvironment . . . Your acknowledgement of a willingness to allow Veolia Water to submit for approval an updated Agreement does not bind the City in anyway. Your signature on this letter, with one original copy retumed to me, simply provides the mechanism by which Veolia Water can begin the process and work with the City on format and language. We will provide the draft Agreement for approval to the City Council. On behalf of the wastewater personnel, Chuck and myself, Veolia Water wishes to thank you for your continued support and cooperation. As always, we look forward to working with you and are at your service if you have any questions. Sincerely, Acknowledged: VEOLlA WATER NORTH AMERICA, INC. CITY OF MONTICELLO Mayor: Clint Herbst Margaret M. (Peg) Becker VEOLlA WATER Area Manager Date: Chuck Keyes VEOLlA WATER Project Manager ~LIA ........".Water S \" - \ '-\ d-- ~ . . . . ~(Q)~W AGREEMENT FOR OPERATIONS AND MAINTENANCE SERVICES FOR THE MONTICELLO W ASTEW ATER TREATMENT FACILITY THIS AGREEMENT ("Agreement") is entered into on the 1st day of January, 2001, by and between: The City of Monticello, a municipal corporation with its principal address at 505 Walnut Street, Suite I, Monticello, Minnesota 55362 (hereinafter referred to as "CITY"); and Professional Services Group, Inc., with its principal address at 14950 Heathrow Forest Parkway, Suite 200, Houston, Texas 77032-3842 (hereinafter referred to as "PSG"). WHEREAS, CITY owns and provides for the operation of the wastewater treatment plant; (hereinafter referred to as "Project"); the term "Project" is defined in Appendix A of this Agreement. WHEREAS, PSG is in the business of managing and operating similar projects. WHEREAS, CITY and PSG have previously contracted for the management and operation of the Project. WHEREAS, CITY and PSG desire to continue their relationship for the management and operation of the Project. WHEREAS, CITY and PSG desire to enter into a new agreement to replace the existing agreement for the management and operation of the Project. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, CITY and PSG agree as follows: 1. General 1.1 An definitions of words or phrases used in this Agreement are contained in Appendix "A". 1.2 All grounds, facilities, equipment, and vehicles now owned by CITY or acquired by CITY shall remain the property of CITY. Page 1 of23 Monticello Agreement February 2001 s\"- \'--\) . 1.3 This Agreement shall be governed by and interpreted in accordance with the laws of the State of MINNESOTA. 1.4 This Agreement shall be binding upon the successors and assigns of each of the parties, but neither party will assign this Agreement without the prior written consent ofthe other party. Consent shall not be unreasonably withheld. 1.5 All notices shall be in writing and transmitted by certified mail to the addresses stated above. 1.6 This Agreement, including Appendices "A" through "I", is the entire Agreement between the parties. This Agreement may be modified only by written agreement signed by both parties. Wherever used, the terms "PSG" and "CITY" shall include the respective officers, agents, directors, elected or appointed officials, and employees. 1.7 If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 1.8 It is understood that the relationship of PSG to CITY is that of independent contractor. . 1.9 Neither Party, one to the other shall be considered a consumer nor a merchant pursuant to any consumer or trade practices law or regulation, and the parties' specifically agree that the application of any such laws or regulations to the terms and conditions herein is inappropriate. 2 Scope of Services - PSG 2.1 Within the design capacity and capability of the Project, manage, operate and maintain the Project so that effluent discharged from the Project meets the requirements and conditions specified in Appendix "C". PSG may modify the process and/or facilities to achieve the objectives of this Agreement; provided, however, no modification shall be without CITY's prior written approval, if the complete modification Cost shall be in excess of One Thousand Dollars ($1,000.00). 2.2 Provide and document all Maintenance and Repairs for the Project, exclusive of PSG plant labor. The total amount for Maintenance and Repairs that PSG will be required to pay will not exceed the Maintenance and Repair Limit as specified in Article 4.1. . Monticello Agreement February 2001 Page 2 of 23 s\ - \\..\~ ~ . 2.3 PSG will provide CITY with an accounting of Maintenance and Repairs on a monthly basis. PSG will provide CITY with detailed invoices for Maintenance and Repairs over the Maintenance and Repair Limit. 2.4 provide MAINTENANCE PAC, a computerized preventive maintenance program. Such program will document maintenance activities, as well as maintain historical information. All computer hardware located on site will become the property of CITY at the termination of service under this Agreement. MAINTENANCE PAC may be purchased by CITY at the termination of services under this Agreemetit for five thousand dollars ($5,000). This cost includes all fees and licenses for databases employed in the MAINTENANCE PAC program. Such sum to be paid to PSG in accordance with Article 5.2. 2.5 Develop repair or replacement guidelines for Capital Expenditures. Such guidelines will incorporate, among other items, notification to CITY of need to replace and a standard requisition for Capital Expenditures. 2.6 provide OPERATIONS PAC, a computerized process control program. Such program will maintain accurate current records, as well as historical data and trends. OPERATIONS PAC may be purchased by CITY at the termination of services under this Agreement for five thousand dollars ($5,000). Such sum to be paid to PSG in accordance with Article 5.2. . 2.7 Maintain the present industrial waste sampling and laboratory analysis program as described in Appendix "D". Results of all industrial sampling and testing shall be reported to CITY in a timely manner. 2.8 Provide for all laboratory testing and sampling required by the plant performance portion of current NPDES Permit, process control and the current disposal program. Any changes in requirements by any authorized Agency, City, County, State or Federal Governments may increase or decrease the scope of this Agreement. 2.9 Prepare the required NPDES Permit plant performance reports and submit these to CITY for transmittal to the appropriate agencies. 2.1 0 PSG will staff the Project with a licensed State of Minnesota "A" WWfP operator per Minnesota requirements and a minimum of one (I) additional operator with a "c" wwrP operator license and the qualifications to write the "B" wwrP license unless otherwise agreed to in writing between PSG and the CITY. 2.11 Staffthe Project with employees who have met the certification requirements of the State of Minnesota. Meet the Department of Transportation . Page 3 of 23 Monticello Agreement February 200 I s\ - \ l\. 5 ~ . 2.12 2.13 2.14 2.15 2.16 requirements for appropriate employees driving over the road sludge vehicles with annual drivers' licenses checks. PSG will provide ongoing training and education for appropriate personnel in all necessary areas of modern water and/or wastewater process control, operations, maintenance, safety, and supervisory skills. Provide adequate staff to properly operate and maintain the Facility to meet the regulatory agency and safety requirements eight (8) hours per day Monday through Friday, except for holidays. On weekends and holidays, staff will be provided for two (2) hours each day. Standby on-call personnel will be available seven days per week, twenty-four (24) hours per day. Cooperate with CITY to coordinate cost accounting and inventory control procedures. Pay all cost incurred in normal Project operations. Provide for the disposal of sludge to the permitted disposal sites none of which are further than ten (10) miles from Project. PSG will assist CITY to acquire additional permitted sludge disposal sites including an annual cost of $750 for outside laboratory services and excluding extraordinary costs. . 2.17 provide PSG's full-time safety program including an Emergency Response Plan and Hazardous Material Communication Program. PSG's Emergency Response Plan will interface with CITY's Emergency Response Plan. . 2.18 PSG will implement and maintain an employee safety program in compliance with applicable laws, rules and regulations and make recommendations to CITY regarding the need, if any, for CITY to rehabilitate, expand or modify the Project to comply with governmental safety regulations applicable to PSG's operations hereunder and federal regulations promulgated pursuant to the Americans With Disability Act ("ADA"). Nothing herein shall be construed to place upon PSG a duty to find and report violations of either the safety laws or the ADA at the Facility. 2.19 Develop a sludge management program that will include land use and an appropriate record keeping system. 2.20 Assist CITY to enforce existing and new equipment warranties and guarantees. 2.21 provide reasonable access to CITY's representative to audit PSG records of Direct Cost of Project. Monticello Agreement February 2001 Page 4 of 23 s\- \~~ ~ 2.23 provide an inventory of CITY owned equipment (i.e. vehicles, portable pumps, generators, etc., not permanently affixed to the property that is in use at the Project when PSG began service.) PSG agrees to comply with the CITY's Property Management Control Ordinance Number 125, dated 5/9/83 and updates as adopted. . 2.22 Provide twenty-four (24) hour per day access to Project for CITY's personnel. Visits may be made at any time by any of CITY's employees so designated by CITY's representative. Keys for Project shall be provided to CITY by PSG. All visitors to the Project shall comply with PSG's operating and safety procedures. 2.24 Provide an inventory of existing supplies, parts and tools when PSG's services commence on January 1, 2001. In the event of termination of this agreement, the final supplies inventory shall be equal to the inventory at the commencement of PSG's service. 2.25 Provide CITY on a monthly basis, a report of Direct Cost similar to the format and in the level of detail shown in Appendix "E". 2.26 Coordinate and cooperate with CITY's engineer and contractor to facilitate the completion of any expansion or improvement to the Project. . 2.27 Cooperate with CITY to acquire mutual aid agreements with CITY Departments. 2.28 provide at CITY's request a performance bond to guarantee performance by PSG. CITY will pay the cost of such bond in accordance with Article 5.2. 2.29 Perform other related services to the Scope of Services as directed by CITY. Such services will be invoiced to CITY at PSG's Cost plus ten percent (10%). 2.30 Periodically update and maintain Project O&M Manual. 2.31 PSG shall not permit its employees to utilize any part of the Project for any personal use whatsoever. . 2.32 PSG shall make best efforts to comply with relevant CITY policies. It is recognized that various CITY policies are inappropriate to PSG. 2.33 Provide adequate security at the Project to protect the property and the general public. . 2.34 PSG shall operate the wastewater plant to minimize the generation of odors in the atmosphere through an on-going odor control program. Odor control Page 5 of23 Monticello Agreement February 2001 S\- \~l ~ 2.35 PSG shall not make any unnecessary Project Manager changes. When a change occurs, PSG will use its best effort to employ a Project Manager compatible to the CITY. The CITY may interview PSG's potential Project Manager candidates and express their preferences to PSG, however, PSG has the responsibility of final hiring. . will have an equal priority to effluent quality. If odors identified are beyond the capability of treatment at the plant, PSG wi\1 assist the CITY in identifying and providing alternatives to control odors excluding extraordinary costs. 3 Scope of Service - CITY 3.1 The CITY shall fund all necessary Capital Expenditures. Priority shall be given to safety and the ADA related expenses described in Section 2.18. 3.2 Maintain all existing Project warranties, guarantees, easements and licenses that have been granted to CITY. 3.3 The CITY shall pay all property, franchise, or other taxes associated with the Proj ect. . 3.4 provide PSG, within a reasonable time after request and on iIn "as available" basis, with the temporary use of any piece of CITY's heavy equipment that is available so that PSG may discharge its obligations under this Agreement in the most cost-effective manner as stipulated in the Mutual Aid Agreement attached as Appendix "H". 3.5 Provide all registrations and licenses for CITY's vehicles used in connection with the Project. 3.6 Provide for PSG's exclusive use of all vehicles and equipment presently in full-time use at the Project. 3.7 Provide hauling and disposal of grit, screenings, and trash from dumpsters provided at the Project by the CITY at no cost to PSG. 3.8 Provide potable water in reasonable quantities at no cost to PSG. 3.9 Provide permitted sludge disposal sites to PSG at no cost. PSG will pay disposal or associated costs exclusive ofload disposal fees. 4 Compensation 4.1 PSG's compensation under this Agreement shall consist of an Annual Fee. For the first year of this Agreement, PSG's Annual Fee is $521;026. The . Page 6 of 23 Monticello Agreement February 2001 S\_\L\~ ~ . 4.2 4.3 . . Maintenance and Repair Limit included in the Annual Fee is $32,880. The Natural Gas amount in the Annual Fee is $26,600. This is Natural Gas needed for the normal operations of the Project, LESS the operation of INPROHEA T. If actual Maintenance and Repair expenditures are less than the Maintenance and Repair Limit for any Agreement year, PSG will rebate the entire difference to CITY in accordance with Section 5.2. If actual Maintenance and Repair expenditures exceed the Maintenance and Repair Limit, CITY will pay the excess to PSG in accordance with Section 5.2. PSG will notify CITY when actual Maintenance and Repair expenditures equal fifty (50%) and eighty percent (80%) of Maintenance and Repair Limit. PSG non- Project labor may be used and charged to CITY where economic or other benefits to CITY appear likely but only with prior CITY approval. When the INPROHEAT process is run, Natural Gas used will be metered separately to assist PSG and the CITY in determining the operational costs. The parties agree on adjustments to the Natural Gas amount of $26,600 included in the Annual Fee and the maximum usage of 52,890 CCF per contract year. Until the INPROHEAT process becoming fully operational, the CITY agrees to pay PSG at cost (any dollars exceeding the natural gas budgeted amount) in accordance with Section 5.2. 4.4 The Annual Fee shall be negotiated each year at least four (4) months prior to the anniversary of this Agreement's commencement date. Should CITY and PSG fail to agree, the Annual Fee will be determined by the application of the procedures in Appendix 1. 4.5 CITY will pay as additional compensation to PSG any increases in Electrical Cost or Natural Gas Cost that are the result of Average Electrical Rate or Average Natural Gas Rate increases that occur in any Agreement year. For Electrical Cost, the additional compensation will be calculated based upon actual usage up to a maximum of 1,886,000 KWH per contract year. For Natural Gas Cost, the additional compensation will be calculated based upon actual usage up to a maximum of 52,890 CCF's per contract year, and will only be paid for said rate increases if the Natural Gas budget established in the Annual Fee is also exceeded. This notwithstanding, PSG will reconcile and invoice on a quarterly basis, any increase to the Natural Gas Cost by comparing the actual amount expended for Natural Gas to the actual CCF usage multiplied by the Average Natural Gas Rate up to the maximum 52,890 CCF per contract year. In no event, however, shall the CITY be liable for rate increases in Natural Gas if the Natural Gas budget established in the Annual Fee is not exceeded. P~ge 7 of 23 Monticello Agreement February 2001 s -y _ \ L\ C:, ~ . . . 4.6 CITY will pay as additional compensation to PSG for laboratory testing for the Sunnyfresh Foods pre-treatment program. PSG will invoice at cost plus 10%. 4.7 In the event that a change in the scope of services provided by PSG occurs, CITY and PSG will negotiate a commensurate adjustment in Annual Fee. 5 Payment of Compensation 5.1 One-twelfth (1/12) of the Annual Fee for the current year shall be due and payable on the first of the month for each month that services are provided. Invoices must be tendered by PSG to the CITY a minimum of five (5) days prior to the fourth (4th) Monday in the month preceding. 5.2 All other compensation to PSG is due five (5) days following the fourth (4th) Monday of each month when invoices have been presented to the CITY five (5) days prior to the fourth (4th) Monday of said month. 5.3 Any monies payable pursuant to Section 4.2, 4.3 and 4.5 will be paid within sixty (60) calendar days after the end of each Agreement year. 5.4 CITY shall pay interest at an annual rate equal to the Wells Fargo Bank's prime rate plus one and one-half percent (1-1/2%), said rate of interest not to exceed any limitation provided by law, on payments not paid and received within fifteen (15) calendar days of the due date, such interest being calculated from the due date of the payment. In the event the charges hereunder might exceed any limitation provided by law, such charges shall be reduced to the highest rate or amount within such limitation. 6 Indemnity, Liability, Insurance and Bonds 6.1 PSG hereby agrees to and shall hold CITY harmless from any liability or damages for bodily injury, including death, which may arise from PSG's negligence under this Agreement, whether such negligence be by PSG or subcontractors of PSG. 6.2 CITY agrees to and shall hold PSG harmless from any liability or damage for property damage or bodily injury, including death, which may arise from CITY's negligence under this Agreement whether such negligence by CTIY or by subcontractor of CITY. 6.3 PSG shall be liable for those fines or civil penalties imposed by a regulatory or enforcement agency for violations of the effluent quality requirements contained in Article 2.1 that are directly attributable to PSG's negligence. CITY will assist PSG to contest any such fines in administrative proceedings and/or in court prior to any payment by PSG. PSG shall pay the cost of Page 8 of23 Monticello Agreement February 2001 s\~ \ SO - . 6.4 6.5 6.6 6.7 . contesting any such fines. These costs shall include but not be limited to the costs that the CITY may incur through their own professional representation. PSG's liability to CITY under this Agreement specifically excludes any and all indirect or consequential damages arising form the operation, maintenance, and management of Project except for those directly attributable to PSG's negligence. CITY shall be liable for those fines or civil penalties imposed by any regulatory or enforcement agencies on CITY and/or PSG that are not a result of PSG's negligence or are otherwise directly related to the ownership of the Project and shall indemnify and hold PSG harmless from the payment of any such fines and/or penalties. Indemnity agreements provided for in this Agreement shall survive the termination of the Agreement. Each party shall obtam and maintain insurance coverage of a type and in the amounts described in Appendix "F". Except for Workers' Compensation, each party shall name the other party as an additional insured on all insurance policies covering the Project. Furthermore, each party shall provide the other party with satisfactory proof of insurance. 6.8 PSG shall provide a performance bond equal to the full value of the Annual Fee for each year of this Agreement as security for faithful performance of all PSG's obligations under this Agreement. The bond shall be provided on an annual basis and the liability to the Surety for each period shall not be cumulative. The bond for each year shall be provided by a surety acceptable to the CITY whose acceptance shall not be unreasonably withheld. 7. Term, Termination and Default . 7.1 The initial term of this Agreement shall be five (5) years commencing January 1,2001. Thereafter, this Agreement shall be automatically renewed for successive terms of five (5) years each, unless canceled in writing by either party no less than one hundred and twenty (120) days prior to expiration. 7.2 A party may terminate this Agreement only for a material breach of the Agreement by the other party; only after giving written notice of breach; and, except in case of a breach by CITY for non-payment of PSG's invoices, in which case termination may be immediate by PSG, only after allowing the other party thirty (30) days to cure or commence taking reasonable steps to cure the breach. Page 9 of23 Monticello Agreement February 200l S\- \S\ - 7.3 . 7.4 . Upon notice of termination by CITY, PSG shall assist CITY in resuming operation of the Project. CITY may employ any and all employees assigned to the Project. The CITY may terminate this agreement after one hundred twenty (120) days written notice for a serious performance related incident which occurs twice within any contiguous 60-day period. Such an incident is, but not limited to: failure to operate or maintain all existing odor or air scrubbing systems (this does not include breakdowns or shortage of parts or chemicals beyond the control of PSG); failure to provide test results or reports in a timely fashion; release of methane gas to the atmosphere when within the control of PSG; failure to perform required preventive maintenance on vehicles, piping, systems, equipment, and buildings; failure to maintain records of maintenance or repairs; failure to secure the facility and grounds; failure to maintain an inventory of available spare parts or supplies necessary for the uninterrupted operation of the plant; failure to repair equipment necessary for the uninterrupted operation of the plant when repair parts are available; and, failure to notify the CITY of a major breakdown of any equipment or a release of effluent out of permit specifications in a timely fashion. The CITY will notify PSG in writing within 15 days of the discovery of a perceived "serious" performance related incident. In the event that the CITY staff and PSG cannot reach an agreement that a "serious" performance related incident has occurred, the City Council shall make the final determination. 7.5 Upon termination of this Agreement and all renewals and extensions of it, PSG will return the Project to CITY in the same condition as it was upon the effective date of this Agreement, ordinary wear and tear excepted. 8. Disputes and Force Majeure . 8.1 In the event activities by CITY's employee groups or unions cause a disruption in PSG's ability to perform at the Project, CITY, with PSG's assistance or PSG at its own option, may seek appropriate injunctive court orders. During any such disruption, PSG shall operate the facilities on a best-efforts basis until any such disruptions cease. 8.2 If any litigation is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, which are directly attributed to such litigation in addition to any other relief to which it may be entitled. 8.3 Neither party shall be liable for its failure to perform its obligations under this Agreement, if performance is made impractical, abnormally difficult, or abnormally costly, due to any Unforeseen Circumstances beyond its reasonable control or force majeure. However, this Section may not be used Page 100f23 Monticello Agreement February 2001 c- (r: '\ :)\_t;)d ~ . . . by either party to avoid, delay or otherwise affect any payments due to the other party. 9. Mutual Aid Agreement 9.1 The Mutual Aid Agreement contained in Appendix "H" has been negotiated between the parties. The purpose of said Agreement is I) to assist in events of civil emergency 2) to share equipment and personnel, and 3) for the benefit of both parties. Both parties indicate their approval of this Agreement by their signatures below, and each party warrants that all corporate or governmental actions necessary to bind the parties to the terms of this Agreement have been and will be taken. CITY OF MONTICELLO PROFESSIONAL SERVICES GROUP, INC. By4d~ ~ -- By: -- Name: Name: Title: Title: .-- 2--r~~ , Date: Date: Page 11 of23 Monticello Agreement February 200 1 S\-l~~3 ....- . . . APPENDIX A DEFINITIONS AI "Adequate Nutrients" means plant influent nitrogen, phosphorus and iron contents proportional to BODs in the ratio of five (5) parts nitrogen, one (I) part phosphorus, and one-half (0.5) part iron for each one hundred (100) parts BODs. A.2 "Annual Fee" means a predetermined, fixed sum for PSG's services. The Annual Fee includes Cost and profit. A.3 "Average Electrical Rate" means the average cost per kilowatt hour as calculated by dividing the total kilowatt hours of energy consumed by the plant into the total dollars of plant electric cost for the twelve (12) month period ending three (3) months prior to the end of the current agreement year. The Average Electrical Rate Plant for the period September 15, 1999 to September 15,2000 for the old meter is .03937 cents per KWH. The Average Electrical Rate Plant for the period September 15, 1999 to September 15, 2000 for the new meter is .04245 cents per KWH. AA "Average Natural Gas Rate" means the average cost per CCF as calculated by dividing the CCF's of gas billed into the total dollars of gas cost for the twelve (12) month period ending three (3) months prior to the end of the current agreement year. The Average Gas Rate for the period October 1, 1999 through September 30, 2000 is 0.54 dollars per CCF. A.5 "Biologically Toxic Substances" means any substance or combination of substances contained in the plant influent in sufficiently high concentration so as to interfere with the biological processes necessary for the removal of the organic and chemical constituents of the wastewater required to meet the discharge requirements of CITY's Certificate of Approval. Biologically toxic substances include, but are not limited to, heavy metals, phenols, cyanides, pesticides and herbicides. A.6 "Capital Expenditures" means any expenditures for (1) the purchase of new equipment or facility items that cost more than Two Thousand Dollars ($2,000); or (2) major repairs which significantly extend equipment or facility service life and cost more than Two Thousand Dollars ($2,000) or (3) expenditures that are planned, non-routine and budgeted by CITY. A 7 "Cost" means all Direct Cost and indirect cost determined on an accrual basis in accordance with generally accepted accounting principles. A8 "Direct Cost" means the actual cost incurred for the direct benefit of the Project including, but not limited to, expenditures for project management and labor, employee benefits, chemicals, lab supplies, repairs, repair parts, maintenance parts, safety supplies, gasoline, oil, equipment rental, legal and professional services, Page 12 of23 Monticello Agreement February 2001 5 ~\.. t S l_\ -- . . . quality assurance, travel, office supplies, other supplies, uniforms, telephone, postage, utilities, tools, memberships and training supplies. A.9 "Electrical Cost" means the total electricity cost as calculated by multiplying the Average Electrical Rate by the actual Electrical usage to a maximum of 1,886,000 KWH. A.IO "lndirect Costs" means expenditures incurred by PSG for the indirect benefit of the Project. A.lI "Maintenance" means those routine and/or repetitive activities required or recommended by the equipment or facility manufacturer or by PSG to maximize the service life of the equipment, sewer, vehicles and facilities. The labor cost of personnel assigned full time to the project is excluded. A.12 "Maintenance and Repair Limit" means the total Maintenance and Repair expenditures that PSG has included in the Annual Fee. Such expenditures exclude any labor costs for PSG's staff assigned to the Project. A. \3 ''Natural Gas Cost" means the total natural gas cost as calculated by multiplying the Aver!lge Natural Gas Rate by the actual Natural Gas usage to a maximum of 52,890 CCF. A.l4 The "Project" means all equipment, vehicles, grounds, rights of way, sewers and facilities described in Appendix B and, where appropriate, the management, operations and maintenance of such. A.l5 "Repairs" means those non_routine/non-repetitive activities required for operational continuity, safety and performance generally due to failure or to avert a failure of the equipment, sewer, vehicles or facilities or some component thereof. A.16 "Unforeseen Circumstances" shall mean any event or condition which has an effect on the rights or obligations of the parties under this Agreement, or upon the Project, which is beyond the reasonable control of the party relying thereon and constitutes a justification for a delay in or non-performance of action required by this Agreement, including but not limited to (i) an act of God, landslide, lightning, earthquake, tornado, fire, explosion, flood, failure to possess sufficient property rights, acts of the public enemy, war, blockade, sabotage, insurrection, riot or civil disturbance, (ii) preliminary or final order of any local, province, administrative agency or governmental body of competent jurisdiction, (iii) any change in law, regulation, rule, requirement, interpretation or statute adopted, promulgated, issued or otherwise specifically modified or changed by any local, province or governmental body, (iv) labor disputes, strikes, work slowdowns or work stoppages, but excluding labor disputes, strikes, work slowdowns or work stoppages by employees of PSG; and (v) loss of or inability to obtain service from a utility necessary to furnish power for the operation and maintenance of the Project. Page 13 of23 Monticello Agreement February 2001 S\:_ISS . . . APPENDIX B DESCRIPTION OF PROJECT PSG agrees to provide the services necessary for the management, operation and maintenance of the following: a. All equipment, vehicles, grounds and facilities now existing within the present property boundaries of or being used to operate CITY's Wastewater Treatment Plant located at: 1401 Hart Boulevard Monticello, Minnesota 55362 Page 14 of23 Monticello Agreement February 2001 s~\ - \ 5 to .. . . APPENDIX C NPDES PERMIT AND PROJECT CHARACTERISTICS C.l PSG will operate so that effluent will meet the requirement ofNPDES permit No. 0020567 Reissuance Date August 28, 1996. PSG shall be responsible for meeting the effluent quality requirements of the Permit of unless one or more of the following occurs: (1) the Project influent does not contain Adequate Nutrients to support operation of Project biological processes and/or contains Biologically Toxic Substances which cannot be removed by the existing process and facilities; (2) dischargers into CITY's sewer system violate any or all regulations as stated in CITY's Industrial Water and Sewer Ordinance(s) or as required by law; (3) the flow or influent BODs and/or suspended solids exceeds the Project design parameters which are 2.07 million gallons of flow per day, 8,079 pounds of BODs per day, 6,456 pounds of suspended solids and a daily peaking factor of 1.5 times flow; (4) if the Project is inoperable or can operate only at a reduced capacity on account of construction activities, fire, flood, adverse weather conditions, labor disputes or other causes beyond PSG's control. C.2 In the event anyone of the Project influent characteristics, suspended solids, BODs or flow, exceeds the design parameters stated above, PSG shall return the plant effluent to the characteristics required by NPDES in accordance with the following schedule after Project influent characteristics return to within design parameters. Characteristics Exceeding Desi\!Il Parameters Bv Recovery Period Maximum 10% or Less Above 10% Less than 20% 20% and Above 5 days 10 days 30 days Notwithstanding the above schedule, if the failure to meet effluent quality limitations is caused by the presence of Biologically Toxic Substances or the lack of Adequate Nutrients in the influent, then PSG will have a thirty (30) day recovery period after the influent is free from said substances or contains Adequate Nutrients. C.3 PSG shall not be responsible for fines or legal action as a result of discharge violations within the period (and any subsequent recovery period) that influent exceeds design parameters, does not contain Adequate Nutrients, contains Biologically Toxic Substances or is inoperable. Page l5 of23 Monticello Agreement February 200 I L~I_ lS'1 . . . . C.4 The Annual Fee for services under this Agreement is based upon the following: (a) Project influent characteristics: Flow BODs TSS .878 3,769 2,678 million gallons per day pounds per day pounds per day The above characteristics are the actual twelve (12) months' average for the period ended October 2000. Any change of twenty percent (20%) for flow or fifteen percent (15%) for BOD or fifteen percent (15%) for TSS or more, based upon a twelve (12) month moving average, will constitute a change in scope. PSG and CITY shall negotiated an increase or decrease in PSG's compensation retroactive to the date the specific characteristic changed out of scope. If compensation for the change in scope cannot be agreed upon, an independent third part mutually agreeable to CITY and PSG shall evaluate actual costs and recommend compensation for the change in scope of services. The cost of independent third part shall be equally shared by CITY and PSG. Whenever PSG is excused from meeting the requirements of the NPDES permit, it will use its best efforts to meet those requirements. Page 16 of23 Monticello Agreement February 2001 S~-lS'6 APPENDIX D . INDUSTRIAL WASTE DISCHARGERS AND MONITORING PROGRAM Below is a listing of all industries discharging into the collection system and monitored under the current water and sewer use ordinance and pretreatment program Project No. C270855-03, dated 1/23/84. Sunnyfresh Foods (Cargill) Bondhus Corporation . . Monticello Agreement February 2001 Page 17 of23 S.\~ LS<"\ . . . Monticello Agreement February 2001 APPENDIX E TYPICAL EXPENSE STATEMENT (TO BE ADDED) Page 18 of23 S~l- \ loO 13\ - \lo\ APPENDIX F . INSURANCE COVERAGE PSG SHALL MAINTAIN: 1. Statutory workers' compensation for all of PSG's employees at the Project as required by the State of Minnesota. 2. Comprehensive general liability insurance in an amount not less than $1,000,000 combined single limits for bodily injury and/or property damage. ' CITY SHALL MAINTAIN: 1. Statutory workers' compensation for all of CITY's employees associated with the Project as required by the State of Minnesota. . 2. Property damage insurance for all property, including vehicles owned by CITY and operated by PSG under this Agreement. Any property, including vehicles, not properly or fully insured shall be the financial responsibility of the CITY. 3. Automobile liability insurance for collision, comprehensive, and bodily injury. PSG will provide at least thirty (30) days' notice of the cancellation of any policy it is required to maintain under this Agreement. PSG may self-insure reasonable deductible amounts under the policies it is required to maintain to the extent permitted by law. Each party shall name the other party as an additional insured on the coverages, excluding workers' compensation, required to be maintained hereby. . Monticello Agreement February 200 I Page 19 of 23 APPENDIX G . NOT USED . . Monticello Agreement February 2001 Page 20 of 23 s-c Iln d APPENDEX H . MUTUAL AID AGREEMENT FOR LABOR AND EQUIPMENT BETWEEN THE CITY OF MONTICELLO AND PSG, CONTRACT OPERATOR OF THE MONTICELLO WASTEWATER TREATMENT FACILITY. This agreement is made on this I st day of January, 200 I between the CITY of Monticello whose address is 505 Walnut Street, Suite I, Monticello, Minnesota 55362 and Professional Services Group, Inc., with its principal address at 14950 Heathrow Forest Parkway, Suite 200, Houston, Texas 77032-3842. PSG agrees: Emergencies 1.1 To make a best effort to provide men and equipment immediately to assist during emergencies such as , but not limited to, lift station failure, sanitary sewer line failure, water main failure, water pumping station failure, water reservoir or tank failure, flood, fire, or flood, or civil emergency involving a portion of the community, or nuclear emergencies. . 1.2 To provide labor and CITY owned equipment when requested by the Public Works Director to assist CITY workers in the routine aspects of public works when it will not disrupt the activities or operations at the Wastewater Treatment Facility. 1.3 Provide CITY owned equipment normally used in conjunction with the wastewater treatment operations to other departments within the CITY when it will not disrupt the operations of the Monticello Wastewater Treatment Facility. Such equipment provided is, but not limited to the IME sludge nurse unit, the IME sludge applicator, the AgChem Terragator sludge applicator, Kawasaki Mule with plow, the Ford one (I) ton Pickup with hoist and plow, miscellaneous shop tools and equipment, testing equipment, and other pumps, etc. The CITY of Monticello agrees: 2.1 To make a best effort to furnish labor and CITY owned equipment immediately upon notification of an emergency verified by the Public Works Director at the Wastewater Treatment Facility. 2.2 Provide labor and CITY owned equipment for use at the Monticello Wastewater Treatment Plant facility for non-emergency use when its use will not disrupt other normal operations within the CITY of Monticello. . Monticello Agreement February 2001 Page 21 of23 s-c ~ llo 3 . 2.3 Furnish CITY equipment only for use during normal operations at the Monticello Wastewater Treatment Facility when it will not disrupt other operations of the departments within the CITY of Monticello. Such equipment shall be, but not limited to, dump trucks, large rubber tire loader, small rubber tire loader, 3-point machines, 6-inch centrifugal pump, 3-inch diaphragm pump, small portable generator, chain saw, concrete pipe saw, drill press, hydraulic press, miscellaneous hand tools, etc. 2.4 In the event of a major snowfall the CITY of Monticello shall plow the main driveway, the horseshoe driveway off of Hart Boulevard, and the lower parking lot utilizing the Public Works Department staff and equipment. The CITY shall also sand the hill in the main driveway and use the CITY loader and forces to push back snow banks within a reasonable time after request by PSG. PSG shall be responsible for snow removal in these areas under normal snow conditions, as well as for snow removal in the central area of the complex including walkways and around buildings, using a CITY provided pick-up truck with plow and walk behind snow blower. PSG shall be responsible for operation, Maintenance and Repairs costs of this equipment as provided for under PSG's normal scope of services. 2.5 The CITY may provide mowing services to the Wastewater Treatment Facility if Public Works staffing and work load permits and ifrequested by PSG. PSG agrees to reimburse the CITY for actual costs incurred for such requested mowing operations. . The CITY of Monticello and PSG agree to: 3.1 Keep track of all use of labor and equipment and to be responsible for equipment maintenance and operation costs when in use and to file with each other an annual report indicating amounts oflabor and equipment used. . Monticello Agreement February 2001 Page 22 of 23 S\~l~'-\ . APPENDIX I ANNUAL FEE ADJUSTMENT FORMULA Should the previous year's Consumer Price Index (CPI) percent change to that of the previous year be greater than or equal to 1.5% or less than or equal to 5.5%, an adjustment of3.5% to the Annual Fee will occur. If outside these limits an adjustment to Annual Fee will use the following procedure. In all cases under this appendix, adjustment excludes the Repair and Maintenance Limit, Natural Gas Limit and Electrical Limit. AAF = AFo (X +~) Co where AFo = Annual Fee specified in Article 4.1, and as adjusted annually AAF = Adjusted Annual Fee. Co = Consumer Price Index for All Urban Consumers (U.S. City Average) as published by the U.S. Department of Labor, Bureau of Labor Statistics in the CPI Detailed Report for the month fifteen (15) months prior to the period for which an adjustment to the Annual Fee is being calculated. . C = Consumer Price Index for All Urban Consumers (U.S. City Average) as published by the U.S. Department of Labor, Bureau of Labor Statistics in the CPI Detailed Report for the month three (3) months prior to the period for which an adjustment to Annual Fee is being calculated. X = 1.0 . Monticello Agreement February 2001 Page 23 of 23 ~) \" _ ['05 . . MONTlCELW COUNCIL UPDATE August 22, 2005 by Rick Wolfsteller Council Update - New Fire Chief Election As noted earlier, Fire Chief Scott Douglas had indicated he was resigning his position effective the middle of August, 2005. The Fire Department recently held an election of the membership to select Steve Joerg as the new Fire Chief and also Marc Simpson as the Assistant Fire Chief. Mr. Joerg indicated he would be present at the Council meeting on August 22, 2005 to introduce himself, and this would be an appropriate time for the Council formally approve the Fire Department selection of a new fire chief. Although the Council was not involved in the selection process, formal approval of the new fire chief would be appropriate. Monticello City Hall, 505 Walnut Street, Suite 1, Monticello, MN 55362-8831 . (763) 295-2711 . Fax: (763) 295-4404 Office of Public Works, 909 Golf Course Rd., Monticello, MN 55362. (763) 295-3170. Fax: (763) 271-3272 . . Council Agenda - 8/22/05 7. Public Hearin on consideration of vacation of draina e and utili 'easements over Lot 1 Block 2. Otter Creek Crossin!!:. (RW) A. REFERENCE AND BACKGROUND: At the August 8, 2005 meeting, the Council approved the final plat of Otter Creek Crossing I't Addition which was a replat of Lot I, Block 2, Otter Creek Crossing Addition. The replat was done in anticipation of an 8.64 acre tract being sold to Rocky Mountain Group, LLC. R The City has scheduled a public hearing to vacate the drainage and utility easements on Lot I, Block 2, Otter Creek Crossing Addition. This is a housekeeping item which will clear the easements off the existing parcel that is being replatted, With the recording of the Otter Creek Crossing l;t Addition, previously approved by the City Council, the necessary drainage and utility easements will be re-established. ~ ALTERNATIVE ACTIONS: -----f ~ lJ rv\ 1. After the public hearing is hcld, the Council c~n adopt the resolution vacating the drainage and utility easement over Lot L Block 2, Otter Creek Crossing. c. STAFF RECOMMENDATION: Since the necessary drainage and utility easements will be re-established when the approved plat of Otter Creek Crossing l;t Addition is recorded, there is no reason not vacate the drainage and utility easement as described, It is the recommendation of the City Administrator that the resolution vacating the drainage and utility easement over Lot I, Block 2. Otter Creek Crossing be approved. D. SUPPORTING DATA: Copy of resolution. . 1_ \L,L., ~ I-~\o:i . CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2005-88 RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS LOT 1, BLOCK 2 OTTER CREEK CROSSING WHEREAS, a public hearing on the vacation of drainage and utility easements, over, across and through Lot 1, Block 2, Otter Creek Crossing was held on August 22,2005 at 7 p.m. at the Monticello City Hall; and . NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCiL OF MONTICELLO, MiNNESOTA: that all of the drainage and utility easements over and across Lot 1, Block 2, as dedicated in OTTER CREEK CROSSING, according to the recorded plat thereof, Wright County, Minnesota are hereby vacated. Adopted by the City Council of Monticello, Minnesota this 22"d day of August, 2005. Clint Herbst, Mayor A TrEST: Rick Wolfsteller, City Administrator . .,~ . ~ . . City Council Agenda - 08/22/05 8. Public Hearinl!: - Open the public hearinl!: on the modification to the Redevelopment Plan for Central Monticello RedeveloDment Proiect No.1 and thc establishment of TIF District No. 1-35 therein and the adoDtion of the TIF Plan therefor. ADDlicant: Master's Fifth Avenue. Inc. (O.K.) A. Reference and Backl!:round: PUBLIC HEARING _ The Mayor is requested to open the public hearing and to continue the public hearing to September 12, 2005. As TIF District No. 1-35 is proposed as a Redevelopment District, an inspection of the property and buildings is necessary to determine both the coverage test and structurally substandard test. The inspection of the three houses by LHB Corporation is scheduled to take place the week of August 15th and thereafter a written report prepared for HRA and Council review. Since the report will not be prepared in time for action by the HRA on August 16 or the Council on August 22, action will be taken at each respective entity's next scheduled meeting. TIF District 1-35, a Redevelopment District, is being established to assist with acquisition and site improvement costs associated with the redevelopment of three single family homes located along Locust and West Third Street. The developer, Barry Fluth of Master's Fifth Avenue, Inc., plans to construct an approximate 11,000 sq. ft. of rental retail space. The project known as Landmark Square II, is the second and final phase in the Landmark Square Plaza. The developer has executed the Preliminary Development Agreement and submitted a deposit of $7 ,500. The Planning Commission at their August meeting tabled any action to adopt a resolution stating TIF District No. 1-35 conforms with the redevelopment and development Plans of the City until the Commission considers the Conditional Use Permit and Variance associated with the proposed project. This action was tabled because the planning commission application was incomplete. The Planning Commission will address both items on September 6, 2005. CONTINUE THE PUBLIC HEARING, DO NOT CLOSE THE HEARING. ) ",\,-.\0'; J v. 0 ~' );,\\'^ ~. ;\ \ v~ Co G ~ 1 ~-i(" ;:.l -/' ..J City Council Agenda - 08/22/05 . B. Alternative Action: I. A motion to continue the public hearing from August 22,2005, to September 12, 2005, for the modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. I and the proposed establishment of T1F District No. 1- 35 thercin and the adoption of the Plan. 2. A motion to deny continuing the public hearing ....................... C. Recommendation: The City Administrator and BRA Executive Director recommend alternative no. 1. D. SUDDortinl!: Data: Public hearing notice of August 11, 2005. . . 2 "6- I loCi . . . '?_\,\O NoW Open In Big Lake MINNESOTA -Rick Wolfstel1er, City Administrator (Aug. 11, 2005) NOTICE OF PUBLIC HEARING CITY OF MONTICELLO WRIGHT COUNTY STATE OF MINNESOTA NOnCE IS HEREBY GIVEN that the City council of the City of Monticello, Wright County, State of Minnesota, will hold a public hearing on August 22. 2005. at approximately 7:00 p.m. at the Monticello City Council Chambers in Gity Hall, 505 Walnut Street, Monticello, Minnesota, relating to the proposed adoption of a Modification to the Redevelopment Plan for Central Monticello Redevelopment project No.1 (the "Redevelopment plan Modification") and the proposed establishmel)t of Tax Increment Financing District No. 1 ~35 (a redevelopment tax increment finanCing district) therein Bnd the proposed adoption of a Tax Increment Financing Plan (the "TIF Plana) thereior (the Redevelopment plan Modification and the TIF Plan are referred to collectively herein as the "Plans"), pursuant to Minnesota Statutes, 469.001 to 469.047 and Sections 469.174 to 469,1799 all inclu- sive, as amended. Copies of the Plans are on file and available 'for public inspection at the office of the City Administrator at City Hall. The property to be included in Tax Increment Financing District No. 1-35 is located within Central Monticello Redevelopment project No.1 and the City oi Monticello. A map of Central Monticello Redevelopment Proiect No. 1 and Tax Increment Financing District No. 1-35 therein is set forth below. Subject to certain limitations, tax increment from Tax Increment Financing District No. 1-35 may be spent on eligible uses within the boundaries of Central Monticello Redevelopment Project No.1. n:t ~\'l'WlIllflf)lll)Cin9.Dl~ct:NQ.l.3f1 CENTRAL M01\71CFJ.t.() RF.DVIELO.PMEr-"'I' PROJECT N~. I crrv Of'M:ONllCELLO "'RJGHTCOlJ1oTI,MlN.1\'F..soTA \!\~ j,.. All interested persons may appear at the hearing and present their views orally or prior to the meeting in writing. BY ORDER OF THE CITY COUNCIL OF TKE CITY OF MONTICELLO MINNESOTA. ' _ Rick Wolfsteller, City Administrator (AUg, 11, 2005) /~~~~~~"~',_ ~',,~"~!JClN:P;KiM~t~'ii>;,,~.o-'i0:~ . 01. caD Now Expand y~ur Advertisi~9" .~~. .to Part Dr Most.of the Metro Area!. .....r;;\i.l/!UI4J1O!' 0\1 an Extended Adverll.ing Program cal1... , . 763-295~3131 '. ,iMonficello TImes & Shopper . Osseo-Maple Grove Pr",S ;;' IlPcIdanI AJea News l.eacIer . Delano Eagle. Waconill Palriot . (a/VIil CountY Mews . NoJWOOCl.Young America TIm'" ' ., > GOld Miner . Pioneer . Sun I'osI . Sun Current ('\ .' ;: Su~Sallot . Focus NewspapelS ~ Stillwater Gazelle .1' P\A.E .'1'iIins' 27,Ad Zones . oVer 450,000""","" cinulaticm " , ;; ,.; ;]fi'..t'XBl101r;52:L0>g;~';<::'::':1~,','::;:_':::;;,E::I:<':;;,,'.,,:;~~f:!tTiG0;:rg;53~i:- J1,ffJ!c:::';'::,-.;':~C , "",,,",,,-,,,,,""""'~' Ine.I.' ApplICallUl1::l IU' ~ , ,~.... on._ plus ~ne (1) day prior to the Plan:- Item IS to be considered. Applicai: that date shall be returned to the a men,ts of Minn. Stat. 9 15.99. App\i' of mneteen (19) or fewer residenti~ or fewer acres may, at the discretio on an earlier Planning Commission ing be sooner than four (4) weeks, plete application. Title 11 Section 11-3-3 [Al is hE 11,3,3: FINAL PLAT: Atter the final plat may be submitted for apl {AI APPROVAL OF TKE PLAN: of tIle Preliminary Plat by the City ( approval. The Zoning Administratl the agenda for the next City Cour later than the date of submission, ered complete unless that applic Preliminary Plat which has been r. approval, a signed copy of the 0 ject to the Final Plat, shall have Preliminary Plat, and has provide for completion of the constructic Council determines it is necessar Clerk and submitted to the Planr prior to a Commission meeting at the said twenty (20) days, the Cir pare a recommendation' to thE prova!. or any delay in decision G divider within ten t10) days : Commission at which,such plat \ proved, the subdivider shall be action and what requirements s; the Commission. If the plat is di: eighty (180) days shall lapse bet: tract of land. In cases where th{ must be filed within one (1) y8 approval is not valid. Title 1"\ Section 1"\ ~8-2 is he 11,8,2: CONVEYANCE BY I which the land conveyed is des' or recorded if the parcels descr less in area and three hundred ( separate parcel 01 record at th permits will be withheld for buil. and conveyed by this method, as streets or roads or to impro\ Notwithstanding the previc administrative subdivision of I under the following conditions:' a. The purpose of the subdi of record to create a parcel eel ble zoning district. b. The purpose of the subc' parcel into no more than two ( full conformance with all appl public right of way, easement: the Zoning Administrator. Said administrative subdi' Zoning Administrator, who ma' to other City staff for revi, Administrator approves the pr proposed subdivision on the a is no less than three (3) week In the event that the Count trative subdivision due to the for any other reason, the app\i requirements of the Subdivisl This ordinance shall take passage and pubiication. Adopted by the Montice\ll -Rick Wolfsteller, City Adl (Aug. 11, 2005) . .i!Z~i~tffE12~~fE[- 635 Rose Dr., Big Lake, MN . Next to the Post Office in Scrap book store on I phone: 763-263-9922. Cell: 612-703-7730 . . . City Council Agenda - 08/22/05 9. Public Aearin!! - on the modification to the Redevelooment Plan for Central Monticello Redevelooment Proiect No.1 and thc establishment ofTIF District No. 1-36 and oasses resolution aoorovin!! the Plans. Aoolicant: Rockv Mtn Grouo. LLC. (O.K.) A. Reference and Back!!round: PUBLIC HEARING - Open the public hearing for comments and questions. The public hearing notice appeared in the Monticello Times on August 11,2005, meeting the Statutory notice requirement. TIP District No. 1-36. an Economic District, is bcing created to assist with land write-down, infrastructure costs, and trunk and park fees associated with the land sale to Rocky Mtn Group, LLC. Rocky Mtn Group. LLC plans to construct a 54.000 sq ft office/distribution ccnter in the city-owned industrial park known as the Monticello Business Center. The proposed project wi II retain 28 full-time permanent jobs at an average wage level of $20.21 per hour without benefits and create an additional three jobs for a combined average wage level of $19.90 per hour without benefits. Rocky Mtn Group. LLC dba Dahlheimer's Distributing Company. Inc. On July 25, 2005, the City Council called for a public hearing date of August 22, 2005, and on August 8, 2005, the City Council approved the final plat for Lot I, Block I, Otter Creck Crossing 1st Addition. On August 2. the Planning Commission approved a resolution finding the proposed TIF District project conformed with the redevelopment and dcvelopment goals for the city of Monticello. Thc proposed TIF Plan was distributed to the County and School District on July 22. 2005. thereby meeting the 30-day notice for comment prior to the public hearing of the Council on August 22,2005. At a spccial meeting of the HRA on August 16, the commissioners adopted a resolution approving the modification of the Redevelopment Plan and establishment ofTIF District No. 1-36. The attached resolution for approval states the findings of the City Council and authorizes the city staff to proceed. TIF District 1-36, an Economic District. has a life duration of 11 years and collects tax increment over 9 years. An Economic District must create new jobs and can bc used to assist manufacturing, warehousing. and distribution centers. The attachcd maps show the boundaries of the Redevelopment Project No. I and proposed TIF District 1-36. Based on the TIF Cashflow ran by Ehlers & Associates using a market I q-L't \ City Council Agenda - 08/22/05 . value of$61.48 per square foot and 5% interest rate, the project is estimated to generate approximately $450,000 NPV of tax increment over the life of the district. PUBUC HEARING - Close the public hearing prior to consideration to adopt the resolution. B. Alternative Action: I. A motion to approve a resolution adopting the modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. I and establishing TIF District No. 1-36 therein and the adoption of the TIF Plan therefor. 2. A motion to deny approval of the resolution adopting the modification....................... 3. A motion to table any action. C. Recommendation: . The City Administrator and HRA Executive Director recommend alternative no. I. Although the project does not create a great number of new jobs; the current and proposed new wage- levels are above the wage-level criteria. The project encourages the retention of a business who has supported the community over the years and assists in the implementation of the project for redevelopment and construction of the 1-94/County Road 18 Interchange. D. SUDDortin!! Data: Hearing notice, resolution for adoption, maps and TlF Plan. . 2 ~-Ll ~ . . . Q - L13 ij 'I ~ !ij rUDIIC l~Ulll~S NOTICE OF PUBLIC HEARING CITY OF MONTICELLO WRIGHT COUNTY STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Monticello, Wright County, State of Minnesota, will hold a public hearing on August 22, 2005, at approximately 7:00 P.M. at the Monticello City Council Chambers in City Hall, 505 Walnut Street, Monticello, Minnesota, relating to the proposed adoption of a Modification to the Redevelopment Plan for Central Monticello Redevelopment Project No.1 (the "Redevelopment Plan Modification") and the proposed establishment of Tax Increment Financing District No. 1-36 (an economic development tax increment financing dis- trict) therein and the proposed adoption of a Tax Increment Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the "Plans"), pursuant to Minnesota Statutes, 469.001 to 469.047 and Sections 469.174 to 469.1799, all inclusive, as amended. Copies of the Plans are on file and available for public inspection at the office of the City Administrator at City Hall. The property to be included in Tax Increment Financing District No. 1- 36 is located within Central Monticello Redevelopment Project No. 1 and the City of Monticello. A map of Central Monticello Redevelopment Project No. 1 and Tax Increment Financing District No. 1-36 therein is set forth below. Subject to certain limitations, tax increment from Tax Increment Financing District No. 1-36 may be spent on eligible uses within the boundaries of Central Monticello Redevelopment Project No.1. '" roll'" lAc:femm RlWnc;irfl.g OJ:$fr1ct No. 1";6 CENTRAL MOJ'rnCF,J,LO REIJIZVELQrMEl....T PROjJ:cr Nit. 1 CITY Of MONTICELLO 'WRIGHTCOm..:TY. MlJ".;"NESOTA k!d~ I - \ ,J, T-~~'- . I .."....4-~"_1 i,--, lo-I ~'.., All interested persons may appear at the hearing and present their views orally or prior to the meeting in writing. BY ORDER OF THE CITY COUNCil OF THE CITY OF MONTICELLO, MINNESOTA -Rick Wolfsteller, City Administrator (Aug. 1 1, 2005) NOTICE OF PUBLIC HEARING CITY OF MONTICELLO WRIGHT COUNTY STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Monticello, Wright County, State of Minnesota, will hold a public hearing on August 22, 2005, at approximately 7:00 p.m. at the Monticello City Council Chambers in City Hall, 505 Walnut Street, Monticello, Minnesota, relating to the proposed adoption of a Modification to the Redevelopment Plan for Central Monticello Redevelopment Project No.1 (the "Redevelopment Plan Modification") and the proposed establishment of Tax Increment Financing District No. 1-35 (a redevelopment tax increment financing district) therein and the proposed adoption of a Tax Increment FInancing Plan (the "T1F Plan-) therefor (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the "Plans"), pursuant to Minnesota Statutes, 469.001 to 469.047 and Sections 469.174 to 469.1799, all inclu- sive, as amended. Copies of the Plans are on file and available for public inspection at the office of the City Administrator at City Hall. The property to be included in Tax Increment Financing District No. 1-35 is located within Central Monticello Redevelopment Project No.1 and the City of Monticello. A map of Central Monticello Redevelopment Project No.. 1 and Tax Increment Financing District No. 1-35 therein is set forth below. Subject to certain limitations, tax increment from Tax increment Financing District No. 1-35 may be spent on eligible uses within the boundaries of Central Monticello Redevel~p~ent ,project No~ _1 . n.ll.lnel'flOl'l'Hll..Fl_InllDl.l1n'1N",,-36 CENTRAL l'dON'IlCeLt.o RE01N'~tEl\"" PROJF,Ct" N~ 1 CITY Of' MONTICELLO WftJC"iJT COU'."n'. MlNNf'.SOTA r:c1 AN OROINANCE M ZONING OROINA~ The City Council of the Ci~ Title 10 Section 22-1 [8] i~ [B] Applications for co due no later than four (4 Commission meeting at 't trat are deemed incompk cant tn accordance with tr Administrator shall refer $ to the City Planning Com ommendation to the City I Title 10 Section 22-1 [I [I] The City Council sh, action on any zoning ame ommendation from the ; Planning Commission ha!: days of the application d application without a Plar Title 10 Section 22-2 i AMENDMENTS-INITIP may, upon their own mati. trict boundaries of this on city may initiate a reques ordinance so as to affect j initiate a request to amen placing the request on U hearing at which prope: requirements 'of state law Title 10 Section 23-6 1 [C] Applications for a . due no later than four (, Commission meeting at that are deemed incomp! cant in accordance with ti Administrator shall refer the Planning Commissior This meeting shall be a I least ten (10) days prior t to the Wright County as (350') of the property t request pertains only to ~ owners need be notifie process in Section 23-6, Title 10 Section 23~6 [E] The request shalll mendation to be present, of the City staff's report Planning Commission aj said report and recomml recommendations of the permanent written recor( Title 11 Section 11-3 [AI FILING: Fifteen (1 the City Clerk. The requ paid. and any necessar: this ordinance shall be f, shall be considered offi abstractor's certificate, ~ erty in question and the dred fifty (350) feet '. Applications for a Prelirr. plus one (1) day prior t item is to be considere that date shall be return ments of Minn. Stat. 9 1 of nineteen (19) or few€' or fewer acres may, at tl on an earlier Planning C ing be sooner than four plete application. Tttle 11 Section 11 < 11-3-3: FINAL P[J>.1 final plat may be submi [AI APPROVAL OF- of the Preliminary Plat t approval. The Zoning fl the agenda for the nex later than the 'date of Sl ered complete unless Preliminary Plat which approval, a signed co~ ject to the Final Plat, Prelimtnary Plat, and h for completion of the Council determines it i Clerk and submitted tc prior to a Commission the said twenty (20) da pare a recommendati proval. or- any.delay in divider within ten (1 Commission at which. proved, the subdivid~ action and what requl the CommIssion. If th( eighfy (180) days shall . _~ _~ '__..I I... ...."'''''''< . CITY OF MONTICELLO COUNTY OF WRIGHT STATE OF MINNESOTA Counci I member introduced the following resolution and moved its adoption: Cl,..L1Ll RESOLUTION NO. RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1; AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 1-36 THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") of the City of Monticello, Minnesota (the "City"). as follows: Section I. Recitals. . 1.01. The Monticello Housing and Redevelopment Authority (the "HRA") has heretofore established Central Monticello Redevelopment Project No. 1 and adopted the Redevelopment Plan therefor. It has been proposed by the HRA and the City that the City adopt a Modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. I (the "Redevelopment Plan Modification") and establish Tax Increment Financing District No. 1-36 (the "District") therein and adopt a Tax Increment Financing Plan (the "TlF Plan") therefor (the Redevelopment Plan Modification and the TlF Plan are referred to collectively herein as the "Plans"); all pursuant to and in conformity with applicable law. including Minnesota Statutes, Sections 469.001 to 469.047 and Sections 469.174 to 469.1799. all inclusive, as amended. (the "Act") all as reflected in the Plans, and presented for the Coullcil's consideration. 1.02. The HRA and City have investigated the facts relating to the Plans and have caused the Plans to be prepared. 1.03. The HRA and City have performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Plans. including, but not limited to, notification of Wright County and Independent School District No. 882 having taxing jurisdiction over the property to be included in the District, a review of and written comment on the Plans by the City Planning Commission, approval of the Plans by the HRA on August 16, 2005, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the "Reports") relating to the Plans and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and/or made a part of the City files and proceedings on the Plans. The Reports include data. information and/or substantiation constituting or relating to the basis for the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. . 1.05 The City is not modifying the boundaries of Central Monticello Redevelopment Project q .l'-l5 No. I but is, however, modifying the Redevelopment Plan therefor. . Section 2. Findings for the Adoption and Approval of the Plans. 2.01. The Council hereby finds that the Plans, are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for development in the public purpose and accomplish certain objectives as specified in the Plans, which are hereby incorporated herein. Section 3. Findings for the Establishment of Tax Increment Financing District No. 1.36. 3.0 I. The Council hereby finds that the District is in the public interest and is an "economic development district" under Minnesota Statutes, Section 469.] 74, Subd. 12. 3.02. The Council further finds that the proposed development would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan, that the Plans conform to the general plan for the development or redevelopment of the City as a whole: and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the redevelopment or development of the District by private enterprise. 3.03. The Council further finds. declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. . Section 4. Public Purpose 4.0 I. The adoption of the Plans conforms in all respects to the requirements of the Act and will help discourage commerce, industry, or manufacturing from moving their operations to another state or municipality, and will result in preservation and enhancement of the tax hase of the State and thereby serves a public purpose. Section 5. Approval apd Adoption of the Plans. 5.01. The Plans, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the Executive Director of the HRA. 5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03 The Auditor of Wright County is requested to certify the original net tax capacity of the District, as described in the Plans, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the HRA is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption ofthis resolution. . 5.04. The City Administrator is further authorized and directed to file a copy of the Plans with C\-\'\lo . the Commissioner of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. The motion for the adoption of the foregoing resolution was duly seconded by Council member , and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Dated: August 22, 2005 ATTEST: Clint Herhst, Mayor Rick Wolfsteller, City Administrator . (Seal) . . EXHIBIT A RESOLUTION NO. The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan (TIF Plan) for Tax Increment Financing District No. 1-36 (TIF District No. 1-36) as required pursuant to MS., Section 469.175. Subd. 3 are as follows: 1. Finding that the TIF District No. 1-36 is an economic development distric[ as defined in MS, Section 469.174, Subd 12. TIF District No. 1-36 is a contiguous geographic area within the City's Central Monticello Redevelopment Project No.1, delineated in the TIF Plan, for the purpose of financing economic development in the City through the use of tax increment. TIF District No. 1-36 is in the public interest because it will facilitate construction facilitate construction of a 54,000 s. f. officelwarehouse facility for Dahlheimer Distributing which will discourage commerce, industry, or manufacturing from moving their operations to another state or municipality, and preserve and enhance the tax base of the state. 2. Finding that the proposed development. in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably joreseeable juture and that the increased marke[ value of the site thaI could reasonably be expected to occur without the use oj tax increment financing l-i'ould be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected [ax increments for the maximum duration ofTIF District No. 1-36 permitted by the T1F Plan. . The proposed development, in the opinion of the City, would not reasonably be expected 10 occur solely through privale investment within [he reasonably joreseeable ju[ure: This finding is supported by the fact that the development proposed in the T1F Plan is an officelwarehouse facility that meets the City's objectives for economic development. The business is moving from another site in town due to a freeway interchange project and could potentially move to another site. The cost of land acquisition, site and public improvements and utilities make development of the facility infeasible without City assistance. The City has suffered from a lack of affordable developable commercial property. The HRA is the land developer for the new business park and is only charging enough to cover its costs plus interest to build the infrastructure. The increased market value of the site that could reasonably be expected to occur without the use oj tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration ofTIF District No. 1-36 permitted by the TlF Plan: The City supported this finding on the grounds that the cost of land acquisition, site and public improvements and utilities add to the total development cost. This site and surrounding sites have been marketed for several years without success. Therefore, the City reasonably determines that no other development of similar scope is anticipated on this site without substantially similar assistance being provided to the development. To summarize this finding: a. The City's estimate of the amount by wh ieh the market value of the site wi II increase without the use of tax increment financing is SO (for the reasons described above), except some unknown amount of appreciation. . b. If the proposed development to be assisted with tax increment occurs in the District, the total increase in C\-lll q - l'1'6 market value would be approximately $3, J 00,531. The increase in market value would be due primarily to new construction within the District. (See Appendix 0 and F ofTlF Plan). . c. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be no more than $517,677 (See Appendix F ofTlF Plan) d. Even if some development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $2,582,854 (the amount in clause b less the amount in clause c) without tax increment assistance. If the City and HRA did not assume the role of land developer, the property would not develop in the near term. If it did develop without assistance, the likely uses would be dominated by housing or other development with little or no employment. The business park and the District meet the City's objectives for retaining existing quality businesses, a mixture of land uses, and high quality employment for its citizens. 3. Finding that the TIF Plan for TlF District No. 1-36 conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission reviewed the TIF Plan and found that the T1F Plan conforms to the general development plan ofthe City. 4. Finding that the TlF PlanfiJr TlF Dislrict No. 1-36 wili afford maximum opportunity, consislent with the sound needl' afthe City as a whole, for the development of Central A10nticello Redevelopment Project No, 1 by privale enlerprise. . The project to be assisted by the District will retain employment in the City and the State of Minnesota, increase the tax base of the State, and add a high quality development to the City, . C\ - L l C'\ . As of August 16, 2005 Draft for City Council Review/Public Hearing MODIFICATION TO THE REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1 and the TAX INCREMENT FINANCING PLAN for the establishment of TAX INCREMENT FINANCING DISTRICT NO. 1-36 (an economic development district) within . CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1 MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY CITY OF MONTICELLO WRIGHT COUNTY STATE OF MIl'.'NESOTA Public Hearing: August 22. 2005 Adopted: . EHLERS Prepared by: EHLERS & ASSOCIATES, INC. 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 651-697-8500 fax 651-697-8555 wwwehlers-inc.com & ASSOCIATES INC . APPENDIX C DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT. . . . C-1 . TABLE OF CONTENTS (for reference purposes only) SECTION 1- MODIFICATION TO THE REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1. . Foreword ...... ....... 1-1 1-1 . SECTION" - TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-36 . . . . . .. 2-1 Subsection 2-1. Foreword............... ....................... 2-1 Subsection 2-2. Statutory Authority. . . . . . . . . . . . . . . . . . . . . . 2-1 Subsection 2-3. Statement of Objectives .. . . . . . . . . . . . . . . . . . 2-1 Subsection 2-4. Redevelopment Plan Overview. . . . . . . 2-1 Subsection 2-5. Description of Property in the District and Property To Be Acquired . 2-2 Subsection 2-6. Classification of the District . . . . . . . . . . . . . . . . . . . . 2-2 Subsection 2-7. Duration of the District. 2-3 Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements. 2-3 Subsection 2-9. Sources of Revenue/Bonded Indebtedness 2-4 Subsection 2-10. Uses of Funds . . . . . . 2-5 Subsection 2-11. Business Subsidies. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6 Subsection 2-12. County Road Costs . . . . . . . . . 2-7 Subsection 2-13. Estimated Impact on Other Taxing Jurisdictions............... 2-7 Subsection 2-14. Supporting Documentation . . . . . . . . . . . . . . . 2-8 Subsection 2-15. Definition of Tax Increment Revenues 2-8 Subsection 2-16. Modifications to the District. . . . . . . . . . . . 2-8 Subsection 2-17. Administrative Expenses. 2-9 Subsection 2-18. Limitation of Increment ....... . . . . . . . . 2-10 Subsection 2-19. Use of Tax Increment 2-10 Subsection 2-20. Excess Increments 2-11 Subsection 2-21. Requirements for Agreements with the Developer 2-11 Subsection 2-22. Assessment Agreements ....................... 2-11 Subsection 2-23. Administration of the District 2-12 Subsection 2-24. Annual Disclosure Requirements 2-12 Subsection 2-25. Reasonable Expectations . . . . . . . 2-12 Subsection 2-26. Other Limitations on the Use of Tax Increment 2-12 Subsection 2-27. Summary.................. . . . . . . . . . 2-13 APPENDIX A PROJECT DESCRIPTION .... A-1 APPENDIX B MAPS OF CENTRAL DISTRICT. . MONTICELLO REDEVELOPMENT PROJECT NO. 1 AND THE .......... ... ..... ......... 8-1 APPENDIX 0 ESTIMATED CASH FLOW FOR THE DISTRICT ..... 0-1 . C\-l'60 APPENDIX F BUT/FOR QUALIFICATIONS. . . . F-1 . APPENDIX E MINNESOTA BUSINESS ASSISTANCE FORM .... E-1 . . ct-\,'e;\ C'1 - \ IS d-- . SECTION I - MODIFICA T10N TO THE REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1 Foreword The following text represents a Modification to the Redevelopment Plan for Central Monticello Redevelopment Project No.1. This modification represents a continuation of the goals and objectives set forth in the Redevelopment Plan for Central Monticello Redevelopment Project 1\0. I. Generally, the substantive changes include the establishment of Tax Increment Financing District No. ] -36. For further information, a review of the Redevelopment Plan for Central Monticello Redevelopment Project No. I is recommended. It is available from the Executive Director of the HRA at the City of Monticello. Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within Central Monticello Redevelopment Project No.1. . . Monticello Housing and Redevelopment AUlhority Modification to lhe Redeveloplllel1t Plan for Cen1ral Monticello Redevelopment Prolecl No. I 1-1 . Monticello Housin!,- and Redevelopment Authority Ta;>; Increment financing Plan for Tnx Increment Financing District No. 1-36 1-\ . SECTION 11- TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-36 Subsection 2-1. Foreword The Monticello Housing and RedevelopmentAuthority (the "HRA"), the City of Monticello (the "City"), staff and consultants have prepared the following information to expedite the establ ishment of Tax Increment Financing District No. 1-36 (the "District"), an economic development tax increment financing district, located in Central Monticello Redevelopment Project NO.1. Subsection 2-2. Statutory Authority Within the City, there exists areas ,",vhere public involvement is necessary to cause development or redevelopment to occur. To this end, the HRA and City have certain statutory powers pursllantto A1innesota Statutes ("M.S "J, Sections 469.001 to 469.047, inclusive, as amended, and l'vl.S., Sections 469.174 to 469.1799, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Actll), to assist in financing public costs related to this project. This section contains the Tax Increment Financing Plan (the "TIF Plan") for Tax Increment Financing District No. 1-36. Other relevant information is contained in the Modification to the Redevelopment Plan for Central Monticello Redevelopment Project No, I. Subsection 2-3. Statement of Objectives . The District currently consists of two parcels ofland and adjacent and internal rights-of-way. The District is being created to facilitate construction ofa 54,000 s.f. office/warehouse facility in the City of Monticello . Please see Appendix A for further project information. Contracts for this have not been entered into at the time of preparation of this TIF Plan, but development is likely to occur in late 2005. This TIF Plan is expected to achieve many of the objectives outlined in the Redevelopment Plan for Central Monticello Redevelopment Project No. I, The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of Central Monticello Redevelopment Project No. I and the District. Subsection 2-4. Redevelopment Plan Overview I, Property to be Acquired - Selected property located within the District may be acquired by the HRA or City and is further described in this TlF Plan, 2. Relocation - Relocation services: to the extent required by law, are available pursuant to MS.. Chapter 117 and other relevant state and federal laws. 3. Upon approval ofa developer's plan relating to the project and completion of the necessary legal requirements, the HRA or City may sell to a developer selected properties that it may acquire within the District or may lease land or facilities to a developer. 4. The HRA or City may perform or provide for some or all necessary acquisition, construction, relocation, demolition, and required utilities and public street \vork within the District. q -lg 3 . Monticello HOllo;ing and Redevelopment /\uthority Tax InCl"clllcnt Financing Plan for Tax Increment Financing ()istric: No. 1-:16 " -,-~L. . 5. The City proposes infrastructure facilities within the District, no additional open space within the District, no environmental controls specific to the District, proposed reuse of private property as an office/warehouse facility, and continued operation of Central Monticello Redevelopment Project No. I after the capital improvements within Central Monticello Redevelopment Project No. I have been completed. Subsection 2-5. Description of Property in the District and Property To Be Acquired The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the parcels listed below. See the map in Appendix B for further information on the location ofthe District. Parcel Numbers 155-]71-0020]0 2]3-141-0020]0* *This parcel has been annexed into the City limits. The parcel is being replatted and a new parcel number will be assigned by Wright County. The HRA or City currently owns the property to be included in the District. Subsection 2-6. Classification of the District The HRA and City, in determining the need to create a tax increment financing district in accordance with l'vf.S, Sections 469.]74 to 469.]799, as amended, inclusive, find that the District, to be established, is an economic development district pursuant to lvl.S, Section 469. J 74, Suhd. J 2 as defined below: . "Economic development district/! means a type (~f"tux increment financing district which consists afuny project, or portions q/a project, which the authorityfinds to he in the puhlic interest because: (J) it will discouruge commerce, industry, or mam{facturingfrom moving their operaUons to another state or municipality; or (2) it will result in increased employment in the state; or (3) it l1/ill result in preservation and enhancement of the tax hase of the stale. The District is in the public interest because it wil1 meet the statutory requirement from clause] and 3. Pursuant to A1.S., Section 469.]76, Suhd. 4c. revenue derived from tax increment from an economic development district may not be used to provide improvements, loans, subsidies, grants, interest rate subsidies, or assistance in any form to developments consisting of buildings and ancillary facilities, if more than] 5 percent of the buildings and facilities (determined on the basis of square footage) are used for a purpose other than: (I) The manufacturing or production oftangib]e personal propet1y, including processing resulting in the change in condition of the property; (2) Warehousing, storage, and distribution of tangible personal property, excluding retail sales: (3) Research and development related to the activities listed in items (I) or (2); (4) Telemarketing if that activity is the exclusive use of the property; (5) Tourism facilities: or (6) Qualified border retail facilities; (7) Space necessary for and related to the activities listed in items (I) to (6) C\_l8'l\ . Monticello I lOll sing ,md Redevelopmenl A\llhority Tax Increment Financing Plan for Tax Increment Financing District No_ 1-36 2-1, . In meeting the statutory criteria the HRA and City rely on the following facts and findings: The facilities in the District meet the conditions of Purposes 2 and 7. The District is being created to assist in the construction of a warehousing and distribution facility for Dahlheimer Distributing. The proposed facility will be used for storing and distributing beverages and related activities. Pursuant to M.S. Sections 469.176 Subd. 7, the District does not contain any parcel or part of a parcel that qualified under the provisions of MS. Sections 273.111 or 273.112 or Chapler 47 3H for taxes payable in any of the five calendar years before the filing of the request for cel1ification of the District. Subsection 2-7. Duration of the District Pursuant to IvtS., Section 469.175, Subd. 1, and MS, Section 469.176, Subd. 1. the duration of the District must be indicated within the TIF Plan. Pursuant to MS, Section 469.176, Subd. 1 b, the duration of the District will be 8 years after receipt of the first increment by the HRA or City. The date of receipt by the City of the first tax increment is expected to be 2007. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2015, or \-vhen the TIF Plan is satisfied. Ifincrement is received in 2008, the term of the District \vill be 2016. The HRA or City reserves the right to decel1ify the District prior to the legally required date. Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements . Pursuant toMS, Sec/lo/1469.174, Subd. 7 andM.S, Section 469.177, Subd. 1, the Original Net Tax Capacity (ONTC) as certified for the District will be based on the market values placed on the property by the assessor in 2005 for taxes payable 2006. Pursuant to MS, Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning in the payment year 2008) the amount by which the original value has increased or decreased as a result of: 1. Change in tax exempt status ofpropeliy; 2. Reduction or enlargement of the geographic boundaries oftne district; 3. Change due to adjustments, negotiated or coul1-ordered abatements; 4. Change in the use of the property and classification; 5. Change in state law governing class rates; or 6. Change in previously issued building permits. In any year in which the current Net Tax Capacity (NTC) value ofthe District declines below the ONTC, no value will be captured and no tax increment will be payable to the HRA or City. The original local tax rate for the District will be the local tax rate for taxes payable 2006, assuming the request for cel1ification is made before June 30, 2006. The ONTC and the Original Local Tax Rate for the District appear in the table on the following page. Pursuant to M.S., Section 469.174 Subd. 4 and M.S, Section 469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the District, within Central Monticello Redevelopment Project No. I, upon completion of the project, will annually approximate tax increment revenues as shovm in the table on the following page. The HRA and City request 100 percent of the available increase in tax capacity for q-~~S . J\:lol1ticel]o tJollsing. nnu J{cdcveloplllcnt Authority r~:\ Increment Financing PllIn for Tax Increment FifliJncing District No. ki6 2-4 . repayment of its obligations and current expenditures, beginning in the tax year payable 2007. The Project Tax Capacity (PTC) listed is an estimate of values when the project is completed. Project Estimated Tax Capacity upon Cnm pletion (PTC) $65,650 $3,587 $62,063 1.22111 Pay 2005 Original Estimated Net Tax Capacity (ONTC) Estimated Captured Tax Capacity (CTC) Original Local Tax Rate Estimated Annual Tax Increment (CTC x Local Tax Rate) $75,786 Percent Retained by the HRA 100'Yo Pursuant to 1IIS. Section 469.177, Subd. 4, the HRA shall. after a due and diligent search, accompany its request for celiification to the County Auditor or its notice of the District enlargement pursuant to !vIS, Section 469.175, Suhd. 4, with a listing of all properties \vithin the District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the T1F Plan by the municipality pursuant to /,1.S, Section 469./75, Subd. 3. The County Auditor shall increase the original net tax capacity of the District by the net tax capacity of improvements for which a building permit was issued. The City has reviewed the area to be included in the District and found no parcels for which building permits have been issued duriug the 18 mouths immediately preceding approval of the T1F PI.n by the City. . Subsection 2-9. Sources of Reven ue/Bonded Indebtedness Public improvement costs, utilities, streets and sidev.'alks, and site preparation costs and other costs outl ined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to use other sources of revenue legally applicable to the HRA or City and the TIF Plan, including, but not limited to, special assessments, general propel1y taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the Tl F Plan. As presently proposed, the project will be financed by a G.O. bond issue and interfund loan/transfer. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (00) TlF bond, or other indebtedness related to the use of tax increment financing will not exceed $600,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $1 00,000 in interfund loans will be financed with tax increment revenues. It is estimated that a maximum of$500,000 in bonded indebtedness will be financed v....ith tax increment revenues. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to the TI F Plan through loans from funds of the HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. Ct-l1;'lo . Monticello I!ousing and RcJevclopmem Authority Ta\ Innemell! Financing Plall for Tax Increment Financing District ;\10.1-36 2-5 . The estimated sources of funds for the District are contained in the table below. Interest TOTAL $680,000 $20,000 $700,000 $100,000 $500,000 SOURCES OF FUNDS Tax Increment PROJECT REVENUES I nterfund Loans Bond Proceeds Subsection 2-10. Uses of Funds Currently under consideration for the District is a proposal to facilitate construction of a 54,000 s.f. office/warehouse facility. The HRA and City have determined that it will be necessary to provide assistance to the project for cel1ain costs. The HRA has studied the feasibility of the development or redevelopment of propel1y in and around the District. To facilitate the establishment and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of publjc costs and uses of funds associated \vith the District is outlined in the following table. USES OF FUNDS TOTAL . Land/Building Acquisition $50,000 Site 1 mprovements/Preparation $50.000 Public Utilities $200,000 Streets and Sidewalks $200,000 Interest $132,000 Administrative Costs (up to 10%) $68,000 PROJECT COSTS TOTAL 5700,000 I nterfund Loans $100,000 Bond Principal 5500,000 The above budget is organized according to the Office of State Auditor (OSA) rep011ing forms. it is estimated that the cost of improvements, including administrative expenses \vhich will be paid or financed with tax increments. will equal $1,300,000 as is presented in the budget above. Estimated costs associated with the District are subject to change among categories \vithout a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed, \vithout formal modification, the budget above pursuant to the applicable statutory requirements. Pursuant to MS. Section 469.1763. Subd. 2, no more than 20 percent of the tax increment paid by propel1y within the District \-vi II be spent on activities related to development or redevelopment outside of the District but \vithin the boundaries of Central Monticello Redevelopment Project ?-.lo. J. (including administrative costs, which are considered to be spent outside of the District) subject to the limitations as described in this TIF Plan. q - l <6l . Subsection 2-11. Business Subsidies Pursuant to MS Sections 116J993, Subd 3. the following forms offinancial assistance are not considered a business subsidy: (I) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) . (14) (15) (16) (17) ( 18) (19) (20) (21) (22) A business subsidy of less than $25,000; Assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of business, size, location, or similar general criteria; Public improvements to buildings or lands owned by the state or ]ocal government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; Redevelopment property polluted by contaminants as defined in MS, Section 116J552, Subd 3: Assistance provided for the sole purpose of renovating old or decaying bui [ding stock or bringing it up to code and assistance provided for designated historic preservation districts, provided that the assistance is equal to or less than 500/0 of the total cost; Assistance to provide job readiness and training services if the sole purpose of the assistance is to provide those services; Assistance for housing; Assistance for pollution control or abatement including assistance for a tax increment financing hazardous substance subdistrict as defined under }v[S, SectIOn 469.174, Subd. 23; Assistance for energy conservation; Tax reductions resulting from conformity \vith federal tax law; Workers' compensation and unemployment compensation; Benefits derived from regulation; Indirect benefits derived from assistance to educational institutions~ Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal Revenue Code of 1986. as amended through December 31, 1999; Assistance for a collaboration bet\veen a Minnesota higher education institution and a business; Assistance for a tax increment financing soils condition district as defined under lv-f.S., Section 469.174, Subd 19; Redevelopment when the recipient's investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current year's estimated market value; General changes in tax increment financing law and other general tax law changes of a principally technical nature. Federal assistance until the assistance has been repaid to. and reinvested by. the state or local government agency; Funds from dock and wharf bonds issued by a seaway port authority; Business loans and loan guarantees of$75,OOO or less; and Federal loan funds provided through the United States Department of Commerce. Economic Development Administration. The HRA will comply with MS, Section 116J993 to 116J995 to the extent the tax increment assistance under this TfF Plan does not fall under any ofthe above exemptions, . Monticello Housing and Redeve]opment Authority Tax Increment Fimmcing Plan for Tax Jncremenl Financing Dislril:t No ]-36 2-6 q_ l~?; . Monlicel:o Housing and Redevelopment Authority fax Incn:lllcnt Financing Plan for Tax Increment Financing: District No 1<1,6 2.7 . Subsection 2-12. County Road Costs Pursuant to M.S., Section 469.175, Subd. 1 a, the county board may require the HRA or City to pay for all or part of the cost of county road improvements if the proposed development to he assisted by tax increment will, in the judgement of the county, substantially increase the use ofeounty roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital improvement plan or within five years under another county plan. Ifthe county elects to use increments to improve county roads, it must notify the HRA or City within forty- five days of receipt of this TIF Plan. In the opinion of the HRA and City and consultants, the proposed development outlined in this TIF Plan will have little or no impact upon county roads. therefore the TIF Plan was not forwarded to the county 45 days prior to the public hearing. The HRA and City are aware that the county could claim that tax increment should be used for county roads, even after the public hearing. Subsection 2-13. Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIF Plan would occur without the creation of the District. Ho\vever, the HRA or City has determined that sllch development or redevelopment would not occur "but for" tax increment financing and that, therefore. the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as follows if the "but for" test was not met: IMPACT ON TAX BASE Wright County City of Monticello Monticello ISD No. 882 90.204,086 11.863.014 18,405,444 Estimated Captured Tax Capacity (CTC) Uoon Com Dletion 62.063 62.063 62,063 Percent of CTC to Entitv Total 0.0688'Y.. 0.5232% 0.33720;', . 2004/2005 Total Net Tax Caoacitv IMPACT ON TAX RATES Wright County City'of Monticello Monticello ISD No. 882 Other (Hospital) Total 2004/2005 Percent Poteutial Extension Rates of Total CTC Taxes 0.344140 28.18% 62.063 21,358 0.586510 48.03% 62.063 36,401 0.263790 21.60% 62.063 16,372 0.026670 2.18% 62.063 1.655 1.221 I 10 100.00% 75,786 The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used for calculations is the actual2004/Pay 2005 rate. The total net capacity for the entities listed above are based on actual Pay 2005 figures. The District will be certified under the actual 200SlPay 2006 rates, which were unavailable at the time this TIF Plan was prepared. q -l'6 ~ . Monticello Housing and Redevelopment AutllOrily Tax Increment Financing Plan for Tax Increment financillg Disuicl No. ].36 2-8 . Subsection 2-14. Supporting Documentation Pursuant to A1.S. See/ion 469.175 Sl/bd 1, clal/se 7 the TIP Plan must contain identification and description of studies and analyses used to make the determination set forth inMS Section 469.175 Subd 3, clause (b)(2) and the findings are required in the resolution approving the T1F district. Following is a list of reports and studies on file at the City that SUpp011 the Authority's findings: Cit:y staff reports and HRA minutes on Otter Creek Business Park Development Ehlers projections for Otter Creek Business Park financing and build-out Subsection 2-15. Definition of Tax Increment Revenues Pursuant to AfS.. Section 469.174, Subd 25, tax increment revenues derived from a tax increment financing district include all of the following potential revenue sources: ]. Taxes paid by the captured net tax capacity, but excluding any excess taxes, as computed under AIS., Section 469177; 2. The proceeds from the sale or lease ofpropel1y, tangible or intangible, to the extent the property was purchased by the Authority with tax increments; 3. Principal and interest received on loans or other advances made by the Authority with tax increments; 4. interest or other investment earnings on or from tax increments; I. Repayments or return of tax increments made to the Authority under agreements for districts for which the request for certification was made after August I, 1993; and 2. The market value homestead credit paid to the Authority under M.S, Section 273.1384. . Subsection 2-16. Modifications to the District In accordance with MS, Section 469.175, Subd. 4. any: 1. Reduction or enlargement ofthe geographic area of Cent rat Monticello Redevelopment Project No. I or the District, ifthe reduction does not meet the requirements ofM.S, SectlOn 469.175, Subd 4(e); 2. Increase in amount of bonded inde btedness to be incurred; 3. A determination to capitalize interest on debt ifthat determination \-vas not a part of the original TIF Plan, or to increase or decrease the amount of interest on the debt to be capitalized; 4. Increase in the portion ofthe captured net tax capacity to be retained by the HRA or City; 5. Increase in the estimate of the cost of the project, including administrative expenses, that will be paid or financed \vith tax increment from the District; or 6. Designation ofadditional property to be acquired by the HRA or City. shall be approved upon the notice and after the discussion. public hearing and findings required for approval of the original TIF Plan. Pursuant to M.S., Section 469.175 Subd 4iJ). the geographic area of the District may be reduced, but shall not be enlarged after five years following the date of certification of the original net tax capacity by the county auditor. If an economic development district is enlarged, the reasons and supporting facts for the determination that the addition to the district meets the criteria orA1.8., Section 469. J 74, /)'uhd. 12 must be documented in writing and retained. The requirements of this paragraph do not apply if (I) the only modification is elimination ofparcel(s) from Central Monticello Redevelopment Project No. I or the District and (2) (A) the current nettax capacity of the parcel(s) eliminated from the District equals or exceeds the net tax capacity of those parcel(s) in the District's original net tax capacity or (B) the HRA agrees that. ~-~C\() . MonticellolJolIsing and RcdcveloplTlcllt Authority Til~ lncrclllent Fil1a1ICillg: Plan for Tax Increment Financing District /'.<0 1"36 l-ll . notwithstanding MS, Section 469.177, Subd. 1, the original nettax capacity will be reduced by no more than the current net tax capacity of the parcel(s) eliminated from the District. The HRA or City must notify the County Auditor of any modification that reduces or enlarges the geographic area of Central Monticello Redevelopment Project No.1 or the District. Modifications to the District in the form ofa budget modification or an expansion of the boundaries will be recorded in the TIF Plan. Subsection 2-17, Administrative Expenses In accordance with MS, Section 469.174, Subd 14, administrative expenses means all expenditures of the HRA or City, other than: I. Amounts paid for the purchase of land; 2. Amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the project; 3. Relocation benefits paid to or services provided for persons residing or businesses located in the project; or 4. Amounts used to pay principal or interest on, fund a reserve tor, or sell at a discount bonds issued pursuant ta lvf.S., Section 469.178; or 5. Amounts used to pay other financial obligations to the extent those obligations were used to finance casts described in clauses (1) ta (3). . For districts for which the request for certification \vere made before August I, 1979, or after June 30, ] 982, administrative expenses also include amounts paid for services provided by bond counseL fiscal consultants, and planning or economic development consultants. Pursuant to A.1.S, Seclion 469.176, Subd. 3, tax increment may be used to pay any authorized and documented administrative expenses for the District up to but not to exceed 10 percent of the total estimated tax increment expenditures authorized by the TIF Plan or the total tax increments, as defined by lvIS, Section 469.174, Subd 25, clause (I), from the District, whichever is less. Pursuant to M.S., Section 469.176, Subd 4h, tax increments may be used to pay for the County's actual administrative expenses incurred in connection with the District. The county may require payment of those expenses by February] 5 of the year following the year the expenses were incurred. Pursuant to MS, Section 469. 177, Subd 11, the County Treasurer shall deduct an amount (currently .36 percent) af any increment distributed to the HRA or City and the County Treasurer shall pay the amount deducted to the State Treasurer for deposit in the state general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities' use of tax increment financing. This amount may be adjusted annually by the Commissioner of Revenue. C1t - ~q \ . Subsection 2-18. Limitation of Increment The tax increment pledged to the payment of bonds and interest thereon may be discharged and the District may be terminated if sufficient functs have been irrevocably deposited in the debt service fund or other escrow account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or redemption date. Pursuant to lIIS., Section 469. 176, Subd. 6: . {f, alier{ollr years/i'om the date ofcerfificahon of the original net tax capacUy of the tax increment financing district pursuant to MS., Section 469.177. no demolition, rehabilitation or renovation of property or other site preparation, including qualified improvement a/a street adjacent to a parcel bUf not in.stallation of utility service including SClver or water systems, has been commenced on a parcel located within a tax incrementfinancing district by the authority or by the owner of the parcel in accordance with the tax incrememjinancingplan, no additional tax increment may he taken from that parcel and the original net tax capacify of that parcel shall he excludedfram the original net fax capacity of the tax increment financing distriCl. If the authority or the owner of the parcel subsequently commences demolition, rehabWtation or reno-vation or other site preparation on that parcel including qualjtied improvement of a :i'treet adjacent to that parcel. in accordance with the tax increment financing plan the authority shall certify to the counly auditor that the activity has commenced and the cOllnty auditor shall certify the net tax capacity thereofas most recent(v certj{ied by the commissioner olrevenue and add it to the original net tax capacitJ' of the tax increment financing district. The county auditor must el?thrce the provisions o.lthis subdivision. The authority must subn1i! to the county auditor evidence that the required activity has taken place/or each parcel in the district. The evidencefor a parcel must be submitted by Febnwr),' 1 ofthefffth J,'earf()ll()"wing theyear in li'hich the parce! \-vas certjfied as included in the district. For purposes o.lrhis suhdivision, qual?fied improvements of a street are limited to (1) construction or opening qf a nClV street, (2) relocation qla street, and (3) substantial reconstruction or rehuilding o.f an existing street. The HRA or City or a property owner must improve parcels within the District by approximately August, 2009 and repOli such actions to the County Auditor. Subsection 2-19. Use of Tax Increm ent The HRA or City hereby determines that it will use 100 percent of the captured net tax capacity of taxable propel1y located in the District for the following purposes: 1. To pay the principal of and interest on bonds issued to finance a project; 2. to finance, or otherwise pay public redevelopment costs of Central Monticello Redevelopment Project No.1 pursuant to the MS., Seclions 469.001 to 469.047; 3. To pay for project costs as identified in the budget set forth in the TIF Plan; 4. To finance, or otherwise pay for other purposes as provided in ivlS, Section 469.176, Subd 4; 5. To pay principal and interest on any loans, advances or other payments made to or on behalf of the HRA or City or for the benefit of Central Monticello Redevelopment Project No.1 by a developer: 6. To finance or otherwise pay premiums and other costs for insurance or other security guaranteeing the payment when due of principal of and interest on bonds pursuant to the TIF Plan or pursuant to MS, Chapter 462(' MS, Sections 469.152 through 469.165, and/or M.S., Sections 469.178; and 7. To accumulate or maintain a reserve securing the payment when due ofthe principal and interest on the tax increment bonds or bonds issued pursuant to ]viS, Chapter 462C, MS, Sectiuns 469.152 tbrougb 469.165, and/or iv/S, Sections 469.178. . Monticello I-Iollsing ilnd Redeve]opment Authority Ta... Increment FinarlClng Plan for Tax hlCl'ement Financing District:-.fo ]-,';6 2-10 o,-lQ-:} . Monticello HOllSill~ and Redeveloplllel1l Authority Tax Increment Fl11ancil1g Plan for Tax Incremmt Financing District No ]-36 2-1] . These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other purposes prohibited by M.S., Section 469./76, Suhd 4. Subsection 2-20. Excess Increments Excess increments. as defined in MS, Section 469./76, Suhd 2. shall be used only to do one or more of the following: I. Prepay any outstanding bonds; 2. Discharge the pledge of tax increment for any outstanding bonds; 3. Pay into an escrow account dedicated to the payment of any outstanding bonds; or 4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. The HRA or City mLlst spend or return the excess increments under paragraph (c) within nine months after the end of the year. In addition. the HRA or City may. subject to the limitations set forth herein. choose to modify the TIF Plan in order to finance additional public costs in Central Monticello Redevelopment Project ;-":0. I or the District. Subsection 2-21. Requirements for Agreements with the Developer . The HRA or City \vill review any proposal for private development to determine its conformance \vith the Redevelopment Plan and with applicable municipal ordinances and codes. To facilitate this effort. the following documents may be requested for revie\v and approval: site plan, construction, mechanical, and electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any other dravI/ings or narrative deem~d necessary by the HRA or City to demonstrate the conformance of the development \vith City plans and ordinances. The HRA or City may also use the Agreements to address other issues related to the development. Pursuant to M.S, Section 469.] 76, Suhd. 5. no more than 10 percent. by acreage. of the property to be acquired in the District as set forth in the TIF Plan shall at any time be owned by the HRA or City as a result of acquisition with the proceeds of bonds issued pursuant to .1.\1.S.. Section 469.178 to which tax increments from property acquired is pledged, unless prior to acquisition in excess of] 0 percent of the acreage, the HRA or City concluded an agreement for the development of the property acquired and which provides recourse for the HRA or City should the development not be completed. Subsection 2-22. Assessment Agreements Pursuant to AfS, Section 469.177, Suhd. 8, the HRA or City may enter into a written assessment agreement in recordable form with the developer of property within the District which establishes a minimum market value of the land and completed improvements for the duration of the District. The assessment agreement shall be presented to the County Assessor who shall reviev.' the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and. so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, the County Assessor shall also certify the minimum market value agreement. C\-Lq,3 . Montil,:cllo Housing and Rcdcvelopmel1t AlIl110nty Tax Increment Fin,1I1cing Plan for Tax lncrclncnl Financing District No. ).36 2-]2 . Subsection 2-23. Administration of the District Administration of the District will be handled by the Executive Director of the HRA. Subsection 2-24. Annual Disclosure Requirements Pursuant to MS, Section 469.175, Subd. 5, 6, and 6b the HRA or City must undertake financial rep0l1ing for all tax increment financing districts to the Office ofthe State Auditor, County Board, County Auditor and School Board on or before August I of each year. MS., Section 469.175, Subd. 5 also provides that an annual statement shall be published in a newspaper of general circulation in the City on or before August 15. If the City fails to make a disclosure or submit a report containing the information required by ]'vf.S., Section 469.175 Subd. 5 and Subd. 6, the OSA will direct the County Auditor to withhold the distribution oftax increment from the District. Subsection 2-25. Reasonable Expectations . As required by the TIF Act, in establishing the District, the determination has been made that the anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. In making said determination. reliance has been placed upon written representation made by the developer to such effects and upon HRA and City staff a\vareness of the feasibility of developing the project site. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. Such anal):sis is included with the cashtlow in Appendix D, and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the District and the use of tax increments. Subsection 2-26. Other Limitatio ns on the Use of Tax Increment 1. General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF Plan. The revenues shall be used to finance, or otherwise pay public redevelopment costs of Central Monticello Redevelopment Project No. I pursuant to the M.S., Sections 469.001 to 469.047. Tax increments may not be used to circumvent existing levy limit law. No tax increment may be used for the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the state or federal government. This provision does not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure. 2. Poolin!!: Limitations. At least 80 percent of tax increments from the District must be expended on activities in the District or to pay bonds. to the extent that the proceeds of the bonds were used to finance activities within said district or to pay, or secure payment of. debt service on credit enhanced bonds. Not more than 20 percent of said tax increments may be expended, through a development fund or otherwise, on activities outside of the District except to pay, or secure payment of, debt service on credit enhanced bonds. For purposes of applying this restriction, all administrative expenses mLlst be treated as if they were solely for activities outside of the District. q-l~L\ . Montil:ello Hou~ing and Redevelopment Authority fnx increment Financing Plan for Tax Increment Financing Dislricli'io. 1-36 ::'-13 . 3. Five Year Limitation on Commitment of Tax Increments. Tax increments derived from the District shall be deemed to have satisfied the 80 percent test set forth in paragraph (2) above only if the five year rule set forth in MS., Section 469.1763, Subd 3, has been satisfied; and beginning with the sixth year following cel1ification of the District, 80 percent of said tax increments that remain after expenditures permitted under said five year rule must be used only to pay previously committed expenditures or credit enhanced bonds as more fully set forth in MS, Section 469.1763, Subd 5. Subsection 2-27. Summary The Monticello Housing and Redevelopment Authority is establishing the District to preserve and enhance the tax base, and provide employment opportunities in the City. The TIF Plan for the District was prepared by Eh]ers & Associates, ]nc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113-11 05, telephone (65]) 697-8500. . '\ - \ ~5 . APPENDIX A-I . APPENDIX A PROJECT DESCRIPTION The HRA will be selIing 8.6 acres of land to a local company, Dahlheimer Distributing, relocated as a part of the new freeway interchange project in the HRA's Otter Creek business park. The 54,000 s.f. office/warehouse facility wiII be built by the end of2005. The assistance is in the form of up-front writedown of assessments, trunk utility fees, and park dedication. The City will use TIF to repay itselffor a 429 G.O. Improvement bond and inter-fund loans for grading, streets, utilities and park dedication. The value of the building and land is estimated at $3,320,000. Interest costs are estimated at 5%>. The business will pay $.95 per s.f. ofland for the first five acres and $2.] 5 for the remaining 3.6 acres in cash at closing. . q - lCl ~ . APPENDIX B-1 . APPENDIX B MAPS OF CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1 AND THE DISTRICT . Q,-lq, . I ! ! i . . I J . // ,':$. ..; " ~c.;. ,:J"l .. ij"- ~lj; " .(~ ~ J Ilk _ ,Jr 'i II!I I. fll .\ ,;; ~ ~ ~ _ trl - o ~ ~ :S(jb(j3 (j_"l:itrl~ g~~~" Z trl ~ 5' -lOZ>'" >-<"'l-lt"'?l ~~ O~ ;g ~ ~' 00 0 ~ t;j Z ~ Z _ -l.., t>:1(j (j"" ,:j' 00 trl -l (j - o t'" Z ~ ~ -l t'" ? t'" . > 0 .... 0 z: ... C\ - \, c\. '6 . . . JUL f ! , , ~ '0<=:: 02:43PM 20 ~ /- / " ,/ ". ./ " ", ,/ / ,/ /' ". '. ", , \ , ~ / \ " , ~/ P.2/2 \ j /"" y .. / /' /\ /' .. /" .. 't' ,/ / / -~~.~ \\\ \\ ,. \ \ \ \ " , \~ .. , .. ! \ '. i I ! !' \ ,,) ( \\ .. .. 'j \ , ,. I I I - - - _..~. . , '\, \ \ '\ --.. CI. - L ~..c\ Parcel Numbers Owner . APPENDIX C DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the parcels listed below. 155-171-002010 City of MonticeIlo 213-]41-002010* City of Monticello *This parcel has been annexed into the City limits. The parcel is being replatted and a new parcel number will be assigned by Wright County. . . APPENDIX C-I C\. - ~CJ (.I . APPENDIX D-l . APPENDIX D ESTIMA TED CASH FLOW FOR THE DISTRI CT . C\, - +0 \ 8/1612005 Page1of2 . o EHLERS Dahlheimer's CITY OF MONTICELLO. Rocky Mountain Group, LLC 54,000 sqlft Office/Distribution Center - TlF District 1-36 j -;:l!>"i2Jf,;;:;;m\fJJ;l'itA:slif!fliJOWi~SU\\ffiWt;r$b!ii%in """ _ __ i!ii'l District Type New Ecooomi~ Development District District Number 1_36 In~a1ion Rate-EveryYear 0,0000% Pay-As-You-Go Interest Rate SOOal)% Note Issued Dale (PresenIValu!l Date) 01-Aug-05 Local Tax Rale-Maximum 122.1100% Pay2005 Fiscal Disparities Election (A-msidecrS-oulside) NIA Year Dlstncl was certified Pay 2006 Assumes First Tax Increment For D,suict 2007 Year District ""'s mooified NIA Developmenl located in modified area No Assumes First Tax Increment for Prolect 2007 Years of Tax In~rement 9 Assum~s LastYearQfTaxlf1c"'lD~nt 2015 Fiscal Disparities Ratio Fiscal Disparities Metro\t~de Tax Rate LO(:;lITax Rate-Current SlatelNidePropertyTaxRate lusedfurtOlallaxes) Ma-ketValue Tax Rale {used forlolal taxes) 0,0000% 0.0000% 122.1100% Pay 2005 51.1210% Pay 2005 0.0544% Pay 2005 Commercial InduslrialClass Rate First 150,000 Over 150,000 Renlal Class Rale ResidentalClass Rat!l Firsl 500,000 150%_2.00% 1,50% 2.00% 1.25% 1.00%-125% 1,00% . Class After Property Co"' Building TOlal Class Base After Conversion Date MaplD "D Owner Market Value MarlletValue MarketValue Rate TaxCa acity Conversion Tax Capacity Payable , 155_171.00201C Col"", """",,., 10,455 D 10455 Municipal Exempl 1.50%-2.00% 15' 2006 2 213-141_002010 C",'o'M,ot'''", 209,014 " 209,014 Municipal Exemot ~.50%-2.00% 3,430 2006 Tolols 219,469 3,587 Note , Lan<Jvalu<!'13sbe<:llproratedtorop'e"entS.5acre" TOlal Taxes TOlal Market Class Year Dale Phase U.. Sq. Ft./Units Sq.F1.1Units Tues Value "'" TaxCaaci Construc1ed Paable Comme~ial 54,000 S2.14 115,53' 3,320,000 150%-2.00% 55,650 2005 2007 TOTAL 115,531 3,320,000 85,650 Note: , "fllxeslimat"s are based on market value 2. TIF rLlllaS5lJm<lS lOln~ otthe buiidingis co,",slrucled by January 2. 2006 for payabl... 20M Fiscal LGeal Fiscal State_wide Fiscat State-wide Market U.. T.. ,.. Disparities T.. Disparities Property Local Disparities Property Value Total Ca aeit C. acity Tax Ca aei Rate TuRate Tax Rat!l Taxes Taxes Taxes Taxes Tues Commercial 65,650 65,850 , 1.22110 0.00000 0,51121 80,165 33,561 1,804 115,531 TOTAL 65,650 85,850 0 1.22110 0.00000 0.51121 80,165 33,581 1,804 115,531 Note: 1. Mctl!icdlG <i<wsnot pay Fiscat D<sparim!s . Prepa,ed by Ehlers & A$Soci.'es,inc P....imin.'y:ForOi.cus.ionPu'I"'....ONLY RockyMtn Q- d(j d 811Bl2005 . G EHLERS CITY OF MONTICELLO ROCKY MOUNTAIN GROUP, LLC . NOREMll!ASi$R.1:t! Base Project Fiscal Captured Semi.Armual SO" Admin Semi_Annual PERIOD BEGINNING ,,, ,,, Disparities ,,, Gross Tax Auditor " NelTax y~ M>h y, Ca acit Ca acit Reduclion Ca aci Increment 0.36% 10.00% Increment 0.0 02-01 2005 3,587 3,587 00 08-01 2005 3,587 3.587 0 pre,sentValueDate 8-01-05 0 0 0 00 02.01 >000 3587 3587 0 0 0 0 0 0 0 0 0 0 0 0 0 62,063 37,893 (136) (3,776) 33.980 0 82,063 37,893 (138) (3,778) 33,980 " 02-01 2008 3,587 65,650 0 62,053 37,893 (135) (3,776) 33,9S0 " OS-Ol 2005 3,587 65,650 0 62,053 37,893 (136) (3,776) 33,9S0 20 02.01 2009 3,5S7 65,650 0 62,063 371.\93 1136) (3,776) 33,9S0 25 08-01 2009 3,587 65,650 0 62,083 37,893 (138) (3,776) 33,980 00 02.01 2010 3,587 65,650 0 62,063 37,893 (136) (3,776) 33,980 35 08.01 2010 3,587 65,650 0 62,063 37,893 (136) (3,176) 33,980 <0 02.01 2011 3,587 65,650 0 62,063 37,893 (136) (3,776) 33,980 <5 08_01 2011 3,587 65,650 0 62,063 37,893 (136) (3,176) 33,980 00 02.01 2012 3,587 65,650 0 62,063 37,893 (136) (3,776) 33,980 5.5 OS.01 2012 3,587 65,650 0 62063 37,893 (136) (3,776) 33,980 6,0 02.01 2013 3.587 65,650 0 62,063 37,893 (136) :3,7761 33,980 e; 08-01 2013 3,587 65,650 0 62,063 37,893 (136) :3,775: 33,980 7,0 02.01 2014 3.587 55,660 0 62,063 37.893 (136) 13,776) 33,980 7,5 DS-01 2014 3,587 65,650 0 62063 37,893 (136) (3.776:- 33,980 '.0 02-01 2015 3,587 65,650 0 62,063 37,893 (136) (3776) 33,980 " 08-01 2015 3,587 65,650 0 62,063 37,S93 136\ 3776', 33980 Totals 662,065 2,455 67961 611,649 PresenlValuelJate,a--01-0S 517,677 (1816) 50323 Noie: $13t<-' Auditor pnyment i" ba~"d on 1St h,llf, pay 1005 actual an,J may incr~a5" o'lli"rlerm of dislriGt. 1. Assumes d".lielaprnenl is. conslrl.lcwd in 2005, ,1s.sesseu irJ 2006 and 1i,,1 incr"men! is paid in 1007. J. Amolln! of illcrnmenl wiii ..my (1'W"ilriirJg upon market v,,:u~, lax ralES, ciass ,ates, constructio!1 sr.h"dul<> and inflation <l" mnrke1 ""Iue 4 Inllat;on rm ta~ rates can""i be capwred TAX Rf.n::S COULD OEGUNr' 5 n~ does no( cap1ure Slale ""de prop"tty1~X"$ <.:r .na,ket Vi!llH! prol'''rty laxes IF INFLATiOtJARY Tlf' IS RECEIVED IN 200B, HIE: HNIJ,L INCREMENT WILL 8E 211115 Page20f2 Semi-Annual PAYMENT DATE Prosen! PERIOD ENDING Value Yrs. Mlh. V,. 00 08-01 2005 0 0.0 02-01 2006 0 0.' 08-01 2006 0 30,785 60,818 90,120' " OB.D' 200B 11B}OB 20 02.01 2009 146,5961 2.5 08-01 2009 173,aC5 " 02-01 2010 20'J,350' 3.5 08.01 2010 226,248 " 02.01 2011 251,515 45 08.01 2011 276,165 ;0 02.01 2012 300,214 55 08-01 2012 323,676 60 02.01 2013 346,566 65 C8.01 2013 36S,898 7.0 02-01 20.,4 390,685 7.5 08.01 2014 4 1 ~ ,941 80 02-01 2015 432,0711 "' 08-01 2015 452.910 90 02-01 2016 452910 l1~.5JI .JJ.5(>1 -I)l!l~ '"",,,,, ii~,i!E> "'<ii'" ;"'-;'''''^''~''''B.u(r~iAl1I\~~;J~!Ei2i' ,""C"<> <ii!"'iiii"''''-''- CUffentMB",etVal"B-esl N.wMarkeIValue-Esl Dil'erence "rE~ontValue clT3"n~'emen' :lltte,,,",ce V,lueU,.t/loC-oCu'V'lilhoutlBxlnC1ementISLessThan 2',9,400 3,320,000 3,'C-0,531 517,677 2 502a.~4 2,582,854 . How Ta\ III<I~'m,'nt i. (,,,k,,I.,,, T"lal P""I'~l'Iy'r",", b.' Sl,"" T", I~" M,ul", V"I",' '1'", b,Exi,(in~T.,", Irll"mIT", l"n~"'''''1 Finane;"!,: -~.Jlm btimak 7~,?~5 I"... ""' ,,,Imi,.. Ft''-~ . P'''parodby EhI".s & A""ocial", Inc P,oIiminary.-ForDI""ussionPurposesONLV RockyMln C\ "d-O 3 . APPENDIX E MINNESOTA BUSINESS ASSISTANCE FORM (MINNESOT A DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT) . . APPENDIX E-I <\ - ;)D l4. . Name of arent co oration Street address Citv State ZlPCode ~ S,' 'V . Y llepartlllenl~lEmpIJlym~n1 ~ ... ""dEcolll)/lllCDevelll-pmlllll lllnefold _ Please fill in date agreement signed (same as question 21) . Minnesota Business Assistance Form . The Minnesota Business Assistance Form (\-WAF) is llsed to report each business subsidy (including Job Opportunity Zone (.lOBZ) tax exemptions/credit) and financial assistance agreement signed from Au!!ust J, 1999 throuph December 31. 2004 unless goals have been achieved and reported on a MBAF per Minn, Slat. 9 116.1.993 to 9116.1.995. . Businesses receiving JOBZone Benefits must report through 2015 even if goals have been achieved. . The following government agencies must submit a M BAF: 1) any local governmenv'agency that signed a business subsidy agreement since .January L 1999, or represents a population of more than 1,500: 2) all state government agencies authorized to provide business subsidies. . DEED \viIl contact any local or state go\'emment agency that is required to report but has not done so by April I. Business assistance may not be a\varded after .June 1 of each year until a report has been submitted. . Questions? Call (651) 296-0580. Intormation on where to mail or fax your completed MBAF(s) is on page 5. An online vcrSlon of this torm is available at \v\.\'\v.deed.state.mn.us/Coml11unity/subsidies/MBAFform.htm Section 1: Grantol'lnformation 1. Name of gnmtor (funding entity) 2. Name of person completing this form 3. Street address 4. City 5. Zip Code 6. County 7. Phone number 8. Fi.lx number 9. E~mail address ]0. Please indicate who in your organization should receivc the MBAF if different from thc person in Question 2. . Name/ritle Phone number Street address City Zip Code ] 1. Classification of grantor (A/ark one 1jgrantor is entity created by gov 'I agenc:v, please indicate aJ.filiation For example, (I city EDA would check '.Cit.v government ") ]2. Has yourorganl7.atian held apublic hearing on and <dapted criteria for u\varding business subsidies in compliance with V1inn. Stat. 9 ] 16J.994? (Mark one.) o City govemmcnt o Yes. in 2005 (attach critel'ia) DYes. in 2005 but have not yet adopted criteria DYes, prior to 2005 o County government o Regional government IfTes Hearing Date: Year Criteria Submitted: o State government o No o Other (Please specify) 0 Other (Please af(Gch ex ]Ianation.) ] 3. Has your organization signed any agreements to award a business subsidy or financial assistance from August 1, 1999 through December 31. 2004 unless goals have been achieved and reported in a previously filed MBAF? (kfark one.) DYes (Complete the remainder ofthelarm unless goals have been achieved and reported in a previolls(vjiled A1BAFper Alinn. Stal. ffJ 16J.993 and cfI16.J.994.) o No(Su)f) here go to section 5 on page 4.) Section 2: Reci ient Information 14. J\ame of business or org8nization receiving subsidy or financial assistance 15. Address where business subsidy or finanCial assistance will be Llsed Street address (,itv State ZIP Code ] 6. Docs the recipient have a parent corporation? (:\~lark one.) :J Yes (Indicate name and address olpC/rent corporation he/ow. If more Ihan one, indicate ullinwte owner".) :J No Minnesot8 Business Assistance Form (02:01/05) Page 1 of5 DcpL of Employ men I and Ecollomic Development C\~ dO.5 17. Industry of recipient's facility (lv/ark one.): . o Manufacturing D Services 0 Finance, lriSUrdl1Ce, Real Estate o Retail Trade D Wholesale Trade 0 Constnlction 18. Did the recipient relocate as a result of signing this agreement? (Alark one.) o Other (please s ecUv) DYes (Indicate city (lnd stale afprevious address and reason recipient did not complete this projecl at that address.) City/State of pre vi OtiS address Reason project not completed at previous address o No Ga to Ouestion 19.) 19 Vlhat \vOldd recipient have done \vithout business subsidy or financial assistance? (lv/ark one): o Remain at previous location, but not expand 0 Remain at previous location but expand o Relocate to diflcrcnt Minnesota location 0 Relocated oUlside Minnesota o Other Section 3: Aureement lnfol'mation 20. Total dollar value of business subsidy or financial assistance. (Please separate value by type in Questions 24 and 25.) (Enter ZCt.o for JOBZ, Biozone and Agzone pl"Ojects.) 21. Date agrcement signed (/n addition 10 (he agreement dale, indicate any dates the agreemenlll'tls amended.) 22. Benefit date (Indicate the dale lhe recipient receives the business suhsid.}' ar improvements were/inished equipment ..I,'as placed into service. or the recipient occupied the proper(v, lFhichever is earlier.) 23, Does the agreement provide a business subsidy or one of the lour types of financial assistance (see Question 25) required to be reported? (lv/ark one,) o business subsidy 24. Jfthe :Jgreement proviueu a business subsidy, please indicate the type(s) and total dollar \'aluc fm' each type. . o not applicable, agreemcnt provided financial assistance o loan (only principal} o grant (i.e.. I()rgivuble loan) D tax abatement o Tl F or other tax reduction or deferral D guarantee or payment D contribution of property or infrastructure :l preferential use of govern me mal facilities o land contribution o Rioz:one o .10HZ (state tax exemptions/credits and sales tax) o JOBZ - Agzone o other (Spec((i' suhsh(v (Ipe,) $- $- $- $- $ $ $ '- S~ $~ $~ $ (I\ote: no dollar value tor zone roiects) 26. lrtbe assistance included tax increment financing. please indicate the type ofTlF district? (,Hark one,) o not applicable, assistance wns not in the form ofTlF o redevelopment :J rencv>"'al and renovation o soils condition o economic development o mind underground space o hazardous substance sulxlislrict . Minnesota Business Assistance Form (02101/05) o iinancial assistance 25. Ifthc assistance \vas one orthc four types of financial assistilnce, please indicate the type(s). D not applicilble. agrecment provided a business subsiJy :I assistance for property by contaminants o assistance Jor renovating building stock or bringing it up to code, and llssistance provided lor designated historic preservation districts. when 50 percent or less of total cost o assistance for pollution control or abatement o assistance for a TIF soils condition district $-- $ $ $ 27 Are any other grantors providing a business subsidy or finaneiul assistance to the same project? (A/ark one.) DYes (.)!Jecifj} each grantor and the va/ue a/their assistance he/ow: alloch an additional sheet ifnecessary. ! Grantor Value ($) Grantor Value 1$) 0"0 PagelofS Dept. of Employment and Economic Development C\- "d-O \c C\ ~ d-Gl Section JZ: JOZ Information Complete Questions 28~31 if the financial assistance \Vas awurded to a JOBZ qualified business recipient receiving JOBZ benetils. (1fnot, go directly to Question 32.) . J21. \Vhat \....as the amount of private capital investment of the business in the JOBZ zone prior to December 31, 2004? Real (land and buildings) $ Personal (equipment) $ JZ2 v.,.ihat was the property tax assessment which was not collected for the property \vhere the JOBZ qualified business \-vas operating during the period of Janua!}' ].2004 and December 3 L 2004? (Please specify each additional parcel identificarion number and the va/ue of/he property tax assessmenr Ihm was not collected during the period afJanuary 1, 2004 and Dec;ember 3/, 2004; attach an additional sheer ~f'necessarv obtain informationfrom county /0_< assessor's office.) $ for Parcel Identification Number: I IZ3. What was the value of\~/ind Energy Production Tax. ifan)', for the .10HZ qualified business that ,vas operating during the period of January L 2004 and December 31. 2004? $ Section 4: Goals and Public PUI" ose Identified in the A"reemcnt 28. M inll. Slat. 9/16.1.994 requires that business subsidy and financial assistance agreements state a public purpose. \"/hich of the tollO\ving public purposes were stated in thc agreement? p.i/ark all thai apply.) o Enhancing economic diversity [] Creming high-quality job gHl'wth o Job relel1lion o Stabilizing the cOl1lmunit) D Increasing tax base (cannot be only purpose) o Other (please speC/Iv) 29. Indicate whether the agreemcnt included the t()llowing types of goals, and l,.vhether the recipient had attaincd those goals at the time of this rcport. (Fill in Ihe boxes and olltJinmcnt dale(S) for each goal.) . A) Specific \vage ami job goals to be attained within 2 years Goals established? :lYes DNo Targct attainment dates (month & year) All goals attaincd? DYes D>-Jo Ii) Otherjob-cremion i.\nu/nr retention goals DYes DNa DYes DNa c) Other wage gou!s D)'cs DNa DYes 0)\0 D) Goals other than wage and job goals DYes DNo DYes DNa (Please altach descri lion oj'e/}uls and YO ress tmvard al[(linmenf (i nol documented in Ouestions 3n and 3/.) 30. For each of the following wage categories, indicatc the job creation and/or retention goals stated in the agreement and the average hourly value of any cmployer-provided health insurance goals for those jobs. (Onlv indicate job creation goofs in jilll-time equivalents ((you are unable to separate goals b}jilll- and part-time pasilions.) lIourl~: Wage (excluding benefits) Full-timc .Job C."cation Part-timcl Season a 1fT em p. Job Crcation FTE (onlv if unable to stated as FT/PT) Job C."cation Job Retention HourI)' Value of Hcalth Insurance no hourly wagc-Ievel goal $ les:> than $7.00 $ $7.00 to $8.99 $ $9.00 to $10.99 $ $11.00to$12.99 $ $13.00 to $14.99 $ . $ I 5.00 and higher $-- 'vlinnesota Business Assistance Form (02/01/05) Page 3 of) Dcpt of Employmcnt and Economic Development less than 57.00 $ . 3 I. For each orthe follovving \-vage cutegories. indicate the numbcr of actual jobs created and!or retained since the benefit date and the actual hourly value orany employer-provided health insurance for those jobs. (On/v indicate job crealion infiil/-lime equivalenls if you are unable to separate job creation intofiilt- and parI-lime positions.) Hourly Wage (excluding benefits) Full-time Job C,'eation Part-time! Seasonalfremp. Job Creation FTE (on Iv if unable to stated as FT/PT) Job Creation Job Retention Houdy Value of Health Insurance $7.00 to $8.99 $ I $9.00 to $10.99 $ $] 1.00 to $12.99 $ 513.00'0$14.99 s $15.00 and highcr $ 32. lias the recipient achieved all goals (see Question 33, 34 and 35) and fulfilled all obligations stipulated in the agrecment (Alark one.) o '{es 01\0 Section 5: Recipients Failing fo Fulfill Obligations (Do not com Jlete this section if.vou com leted it on another -"-lEAF submilfed 10 DEF:D.) .J.J. During the pcriod January 1,2004 through December 3 1,2004. did your org<lnization have any recipients \vho failed to report as required by r-,.'linll. Stat. 9] ]6.1.993 and 9116.1.994'.1 (Mark one,) o Yes (Indicate Ihe name o/each reClf7ienlfailing to report and the value of subsidy orjlnoncial assistance awarded fo that recipient. Afiach additional pages ifnecessar.v.) . I Name ofrecipicnt Type of subsidy or assistance (See Questions 2.4 & 25.) Value of subsidy or assistance 07\0 34. Did your organization have any recipients who fililcd to achieve any gOdls or jilin!1 any other obligations under an agreement signed on or alter January 1_ 2004, that were required to be fulfilled by the time of this report? (/r4ark one.) DYes (Complete the remainder of this ~'eclion.) :J No (Stop here and submit fonn to DEED.) For questions 35-39: Provide the following infonnation for each rCclpient failing to fulfill goals or any other tcrms of an agreement that were to be attained bv the time ofre artino, (Attach addilional 35. InfoJlllstion on recipient and agreement: Name ofrel.:ipient in default Type of subsidy or assistance Initial value of subsidy or assistance Street address of recipient City/Zip code ofrecipicnt Outstanding value or subsidy or asslstance 36. Reason(s) for default (.Hark all that ([Pp~v.): o recipicnt ceased operation .:J recipient relocated to a different community D recipient was unable to till vacant positions o other (Specify reason) . Minnesota Business Assistance Form (02/01/05) Page 4 01'5 Dept. of Employment and Economic Development ~- dO<)5 C\ ~ -;)O~ 37. To date_ ha<; the recipient fulfilled its repayment obligation? (Mark one.) . DYes o No, recipient has bef!Ul1 to repay the assistance. D No, recipient has not bef!un to repay the assistance. 3&. Has the agreement been amended to extend the recipient's deadline for fulfilling its obligations? (Mark one.) DYes D No 39, Describe the steps being taken to bring recipient into compliance or recoup the subsidy: Return your completed MBAF(s) by Avril J. 2005 EITHER . Mail To: Minnesota Business Assistance Report Minnesota Department of Employment and Economic Development - Analysis and Evaluation 1 SI National Bank Building 332 Minnesota Street,S uite E200 St. Paul, Minnesota 55] 0] -] 35] OR Fax To: (65]) 215-384] (Next year, please use the online version of this form. It can be found at www.deed.state.mn.us/Community/subsidies/MBAFForm.htm .) . Minnesota Business Assistance Form (02/01/05) Page S ofS Dept. of Employment i:lnd Economic Development . APPENDIX F-t . APPENDIX F BUT/FOR QUALIFICA nONS Current Market Value - Est. New Market Value - Est. Difference Present Value of Tax Increment Difference Value Likely to Occur Without Tax Increment is Less Than: 219,469 3,320,000 3,100,531 517,677 2,582,854 2,582,854 The proposed development, in the opinion of the City, would not reasonably be expected to occlIr solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the development proposed in the T1F Plan is an office/warehouse facility that meets the City's objectives for economic development. The business is moving from another site in toy.,:n due to a freeway interchange project and could potentially move to another site. The cost ofland acquisition, site and public improvements and utilities make development ofthe facility infeasible without City assistance. The City has suffered from a lack of affordable developable commercial propel1y. The HRA is the land developer for the new business park and is only charging enough to cover its costs plus interest to build the infrastructure. . The increased market value of the site that could reasonably be expected to occur \vithout the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration ofTIF District No. 1-36 permitted by the TIF Plan: The City supported this finding on the grounds that the cost ofland acquisition, site and public improvements and utilities add to the total development cost. This site and surrounding sites have been marketed for several years without success. Therefore, the City reasonably determines that no other development of similar scope is anticipated on this site without substantially similar assistance being provided to the development. To summarize this finding: a. The City's estimate ofthe amount by which the market value of the site will increase without the use of tax increment financing is $0 (for the reasons described above), except some unknown amount of appreciation. b. If the proposed development to be assisted with tax increment occurs in the District, the total increase in market value would be approximately 53,100531. The increase in market value would be due primarily to new construction within the District. (See Appendix 0 and F ofTlF Plan). c. The present value of tax increments from the District for the maximum duration of the district permitted by the T1F Plan is estimated to be no more than $5 I 7,677 (See Appendix F ofTlF Plan) d. Even ifsome development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $2,582,854 (the amount in clause b less the amount in clause c) without tax increment assistance. If the City and HRA did not assume the role of land developer, the property would not develop in the near term. If it did develop vvithout assistance, the likely uses would be dominated by housing or other development with little or no employment. The business park and the District meet the City's objectives for retaining existing quality businesses, a mixture ofland uses, and high quality employment for its citizens. q ~ d- LO . 10. . . City Council Agenda - 08/22/05 Consideration to adovt a resolution avvrovin!!. a Business Subsidy A!!.reement between the Housin!!. and Redevelovment Authoritv in and for the Citv of Monticello and Rockv Mtn Grouv. LLC. (O.K.) A. Reference and back!!.round: According to the Minnesota Statute, Section I 16J.993, subd. 3(d), all business subsidy agreements must be approved by the full elected officials. Therefore, this item appears on the Council agenda. On August 29, 2005, the HRA will be holding a public hearing on the business subsidy and the sale of land prior to consideration to adopt a resolution approving the Purchase and Redevelopment Contract between the Housing and Redevelopment Authority in and for the City of Monticello and Rocky Mtn Group, LLC. Initially, the HRA public hearing notice was published in the Times on August 4 for a hearing date of August 16,2005. However, the HRA Attorney became aware that during the special Legislative session, the business subsidy act was amended effective August 1, 2005. This caused the liRA to re-publish the notice in the Times on August 18 for a public hearing date of August 29, 2005. For your information, the amended and added language to the HRA hearing notice reads: "Any person with residence in the City, or the owner of taxable property in the City, may file a written complaint vvith the HRA if the HRA fails to comply with the Business Subsidy Act, and no action may be filed against the HRA for the failure to comply unless a written complaint is tiled." Therefore within the resolution for adoption by the Council, Section 2, 2.01. notes the council approves the business subsidy agreement within the Contract as presented, subject to approval of the Contract by the HRi\ after public hearing ....... (Again, HRA public hearing scheduled for August 29.) The resolution was prepared by the HRA Attorney in lieu ofthe that and to keep the Dahlheimer project moving along. The attached "business subsidy agreement" which is located in the Purchase and Redevelopment Contract was prepared by HRA Attorney Steve Bubul and outlines the eight elements that must be included in a business subsidy agreement. A business subsidy must include goals for number of jobs created and wage goals of jobs created and retained and must meet a public purpose which may include, but may not be limited to, increasing the tax base. \0 - ~,\ City Council Agenda - 08/22/05 . B. Alternative Action: I. A motion to adopt a resolution approving a Business Subsidy Agreement between the Housing and Redevelopment Authority in and for the City of Monticello and Rocky Mtn Group, LLC. 2. A motion to deny adoption ofa resolution approving a Business Subsidy Agreement between the Housing and Redevelopment Authority in and for the City of Monticello and Rocky Mtn Group, LLC. 3. A motion to table any action. C. Recommendation: The City Administrator and Economic Development Director rccommend Alternative No. I. in order to keep the Dahlheimer project moving along. D. SUDDortinl! Data: . Resolution for adoption and copy of the business subsidy agrcement within the Purchase and Redevelopment Contract between the HRA and Rocky Mtn Group, LLC. . 2 \0-;)1-).. . 2.01. The Council approves the business subsidy agreement within the Contract as presented to the Council, subject to approval of the Contract by the Authority after public hearing, SJB-266536vl MN190-121 \0 - d \ ') CITY OF MONTICELLO . RESOLUTION NO. RESOLUTION APPROVING A BUSINESS SUBSIDY AGREEMENT BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO AND ROCKY MOUNTAIN GROUP, LLC BE IT RESOLVED By the City Council ("Council") of the City of Monticello ("City") as follows: Section 1. Recitals. 1.01. The Housing and Redevelopment Authority in and for the City of Monticello ("Authority") currently administers Central Monticello Redevelopment Project No. I (the "Project"); and tl1e Authority and City have created Tax Increment Financing District No. 1-36 (the "TIF District") within the Project, all pursuant to Minnesota Statutes, Sections 469.00] to 469.047 and Sections 469.1 74 to 469.179. . 1.02. To facilitate redevelopment of certain property in the TIF District, and Authority proposes to enter into a Purchase and Redevelopment Contract (the "Contract") between the Authority and Rocky Mountain Group, LLC (the "Redeveloper"), under which among other things the Authority will convey certain property described as Lot I, Block I, Otter Creek Crossing 151 Addition (the "Redevelopment Property") to Redeveloper. 1.03. The City currently owns the Redevelopment Property and has previously authorized the conveyance of that property to the Authority in order to promote the development of the Otter Creek Crossing industrial park. 1.04. The assistance under the Contract constitutes a "business subsidy" exceeding SIOO,OOO within the meaning of Minnesota Statutes, Section] 161.993 to 1161.995 (the "Business Subsidy Act"). 1.05. The "business subsidy agreement" as required under the Business Subsidy Act is included as one section of the Contract, and the Authority has duly noticed a public hearing regarding the business subsidy agreement, currently scheduled for August 29, 2005. 1.06. Under the Business Subsidy Act this Council is required to approve any business subsidy agreement. 1.07. The Council finds that the execution of the Contract, induding the business subsidy agreement, by the Authority and performance of the Authority's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval; Further Proceedings. IO-dl'-\ . and subj ect to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Administrator, provided that execution of the documents by the those officials shall be conclusive evidence of their approval. 2.02. City staff and officials are authorized to take all actions necessary to assist the Authority in performing its obligations under the business subsidy agreement and the Contract as a whole, including without limitation execution of any deed or other documents necessary to convey the Redevelopment Property from the City to Authority and from Authority to Redeveloper. Approved by the City Council of the City of Monticello this 22nd day of August, 2005. Mayor ATTEST: . City Administrator . SJB-] 75495'111 SA285-50 2 10 \O~ d LS . make use of such property. The Redeveloper further ab'fees that it will indemnify, defend, and hold hannless the Authority, the City, and their governing body members, officers, and employees, fTom any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the Redevelopment Property. Section 3.7. Advance of Land and other Costs: Tax Increment Interfund Loan. (a) The Authority has determined that the fair market price of the Redevelopment Property is $998,933, or $2.65 per square foot. This price represents the total invested or to be invested by the Authority or City in making the Redevelopment Property available for commercial development, including the value of the raw land and all costs of special assessments for infrastructure, City trunk fees (except those paid by Redeveloper under Section 3.3), park dedication, general grading, platting, administrative and holding costs. As described in Section 3.2 hereof, the purchase price for conveyance of the Redevelopment Property represents a reduction from the fair market price from $2.65 per square foot to $.95 per square foot for a five-acre portion of the Redevelopment Property, and a reduction from $2.65 per square foot to $2.15 per square foot for a 3.65 acre portion of the Redevelopment Property. Therefore, at Closing the Authority will forgo receipt the full market price of the Redevelopment Property, which represents an advance of Authority funds in the amount of $449,838, less the amount paid by Redeveloper for City trunk fees in the amount of$37,914, for a net advance of$411,924. . (b) The Authority will treat the advance described in paragraph (a) as an interfund loan (the "Interfund Loan") within the meaning of Section 469.178, Subdivision 7 of the TIF Act. The total original principal amount of the Interfund Loan is $411,924. The terms of the Interfund Loan are described in the resolution attached as Schedule C (the "Loan Resolution"). The Authority will pledge Available Tax Increment, as defined in the Loan Resolution, to payment of the Interfund Loan. The Redeveloper has no rights or interest in any Tax Increment. ;x; Section 3.8. Business Subsidv Agreement. The provisions of this Section constitute the "business subsidy agreement" for the purposes of the Business Subsidy Act. (a) General Terms. The parties agree and represent to each other as follows: (l) The subsidy provided to the Redeveloper consists of the principal amount of the Interfund Loan described in Section 3.7. The Interfund Loan is payable from a portion of the Tax Increments from the TIF District, an economic development tax increment financing district. (2) The public purposes of the subsidy are to facilitate development of thc Authority's industrial park, increase net jobs in the City and the State, and increase the tax base of the City and the State. (3) The goals for the subsidy are: to secure development of the Minimum Improvements on the Redevelopment Property; to maintain such improvements as a distribution facility for the time period described in clause (6) below; and to create the jobs and wage levels in accordance with Section 3.8(b) hereof. . SJB-266308v2 MN190-121 . . . (4) If the goals described in clause (3) are not met, the Redeveloper must make the payments to the Authority described in Section 3.8(c). (5) The subsidy is needed to induce Redeveloper to locate its business at this site, and to mitigate the cost of assessments for public infrastructure, all as determined by the Authority upon approval of the TIF Plan. (6) The Redeveloper must continue operation of the Minimum Improvements as a "Qualified Facility" for at least five years after the Benefit Date (defined hereinafter), subject to the continuing obligation described in Section 10.3 of this Agreement. For the purposes of this Section, the term Qualified Facility means a distribution, warehouse or manufacturing facility, including office space necessary for and related to those activities, all within the meaning of Section 469.176, subd. 4c of the TIF Act. The improvements will be a Qualified Facility as long as the Minimum Improvements are operated by Redeveloper or a tenant for the aforementioned qualified uses. During any period when the Minimum Improvements are vacant and not operated for the aforementioned qualified uses, the Minimum Improvements will not constitute a Qualified Facility. (7) The Redeveloper does not have a parent corporation. (8) The Redeveloper has not received, and does not expect to receive, financial assistance from any other "grantor" as defined in the Business Subsidy Act, in connection with the Development Property or the Minimum Improvements. (b) Job and Wage Goals. The "Benefit Date" of the assistance provided in this Agreement is the earlier of the date of issuance of completion of the Minimum Improvements or the date the Minimum Improvements are occupied by Redeveloper or a tenant of Redeveloper. Within two years after the Benefit Date (the "Compliance Date"), the Redeveloper shall (i) retain at least 28 full-time permanent jobs permanent to the Redevelopment Property from another location in the City, (ii) cause the average hourly wage of the 28 retained jobs to be at least $20.21 per hour, exclusive of benefits; (iii) cause to be created at least three new full-time permanent jobs on the Redevelopment Property (above and beyond the 28 retained jobs); and (iv) cause the average hourly wage of the three new jobs to be $19.90 per hour, exclusive of benefits. Jobs created by any tenants within the Minimum Improvements will count toward the requirements of this Section. Notwithstanding anything to the contrary herein, if the wage and job goals described in this paragraph are met by the Compliance Date, those goals are deemed satisfied despite the Developer's continuing obligations under Sections 3.8(a)(6) and 3.8(d). The Authority may, after a public hearing, extend the Compliance Date by up to one year, provided that nothing in this section will be construed to limit the Authority's legislative discretion regarding this matter. (c) Remedies. If the Redeveloper fails to meet the goals described in Section 3.8(a)(3), the Redeveloper shall repay to the Authority upon written demand from the Authority a "pro rata share" of the outstanding principal amount of the Interfund Loan together with interest on that amount at the implicit price deflator as defined in Minnesota Statutes, Section 275.50, subd. 2, accrued from the date of substantial completion of the Minimum Improvements to the date of payment. The term "pro rata share" means percentages calculated as follows: SJB-266308v2 MN190-121 11 . (i) if the failure relates to the number of jobs, the jobs required less the jobs created, divided by the jobs required; (ii) if the failure relates to wages, the number of jobs required less the number of jobs that meet the required wages, divided by the number of jobs required; (iii) if the failure relates to maintenance of the facility as a Qualified Facility in accordance with Section 3.8(a)(6), 60 less the number of months of operation as a Qualified Facility (where any month in which the Qualified Facility is in operation for at least 15 days constitutes a month of operation), commencing on the Benefit Date and ending with the date the Qualified Facility ceases operation as determined by the Authority Representative, divided by 60; and (iv) if more than one of clauses (i) through (iii) apply, the sum of the applicable percentages, not to exceed 100%. Nothing in this Section shall be construed to limit the Authority's remedies under Article IX hereof. In addition to the remedy described in this Section and any other remedy available to the Authority for failure to meet the goals stated in Section 3.8(a)(3), the Redeveloper agrees and understands that it may not a receive a business subsidy from the Authority or any grantor (as defined in the Business Subsidy Act) for a period of five years from the date of the failme or until the Redeveloper satisfies its repayment obligation under this Section, whichever occms first. . (d) Report~ The Redeveloper must submit to the Authority a written report regarding business subsidy goals and results by no later than February I of each year, commencing February I, 2007 and continuing until the later of (i) the date the goals stated Section 3.8(a)(3) arc met; (ii) 30 days after expiration of the period described in Section 3.8(a)(6); or (iii) if the goals are not met, the date the subsidy is repaid in accordance with Section 3.8(c). The report must comply with Section 116J.994, subdivision 7 of the Business Subsidy Act. The Authority will provide information to the Redeveloper regarding the required forms. If the Redeveloper fails to timely file any report required under this Section, the Authority will mail the Redeveloper a warning within one week after the required filing date. If, after 14 days of the postmarked date of the waming, the Redeveloper fails to provide a report, the Redeveloper must pay to the Authority a penalty of $1 00 for each subsequent day until the report is filed. The maximum aggregate penalty payable under this Section $1,000. . Section 3.9. Pavment of Administrative Costs. The Authority acknowledges that upon execution of the Preliminary Agreement, Redeveloper has deposited with the Authority $10,000. The Authority will use such deposit to pay "Administrative Costs," which term means out of pocket costs incurred by the Authority and City together with staff costs of the Authority and City, all attributable to or incurred in connection with the negotiation and preparation of the Preliminary Agreement, this Agreement, the TlF Plan, and other documents and agreements in connection with the development of the Redevelopment Property. At Redeveloper's request, but no more often than monthly, the Authority will provide Redeveloper with a written report including invoices, time sheets or other comparable evidence of expenditures for Administrative Costs and the outstanding balance of funds deposited. If at any time the Authority determines that the deposit is SJB-266308v2 MN190-121 12 \D-d-~tp . . ~ insufficient to pay Administrative Costs, the Redeveloper is obligated to pay such shortfall within 15 days after receipt of a written notice from the Authority containing evidence of the unpaid costs. If any balance of funds deposited remains upon issuance of the Certificate of Completion pursuant to Section 4.4 of this Agreement, the Authority shall promptly return such balance to Redeveloper; provided that Redeveloper remains obligated to pay subsequent Administrative Costs related to any amendments to this Agreement requested by Redeveloper. Upon termination of this Agreement in accordance with its terms, the Redeveloper remains obligated under this section for Administrative Costs incurred through the effective date of termination. (The remainder of this page is intentionally left blank.) SJB-26630Xv2 MN190-121 \o-d-1l 13 Council Agenda - 8/22/05 . 11. Consideration of recommendation from Fiber Optic Task Force. (C.S., O.K.) A. REFERENCE AND BACKGROUND: In May 2005, City Council listened to a presentation led by Milda Hedblom, which described fiber optics and outlined the use of fiber in current and future technology. The city manager from Windom, MN told the story of how they became a fiber city. The Council authorized an investigative meeting to hear more about fiber optics and the possibility of forming a Task Force that would delve into more detail about this topic. Ollie Koropchak, Economic Development Director, invited a group of business and public representatives to the meeting. which was directed by Milda Hedblom. The group did recommend forming a Fiber Optic Task Force and all members present volunteered to be members of such a task force. It was also recommended to ask Milda Hedblom to provide direction to the Task Force. This item was presented to the Council and approved with the directive to bring back a recommendation whether or not the City should further investigate a fiber optic network to provide high speed services for data, voice and video to homes and businesses. . Broadband fiber optics telecommunications services bring very high-speed connection that enables a wide array of services to homes, businesses, schools, city facilities. medical providers, religious facilities and recreational sites. The technology and the capacity of fiber optics will be a top standard long into the future. Broadband has become the sixth utility in municipal planning along with water, sewer, gas, electricity and garbage/recycling. Monticello will want to understand the best path for itself into the future. The Fiber Optic Task Force will be on hand to present their findings and make a recommendation to Council. Following is the process the Task Force used to investigate many facets of technology related to data (internet), voice (telephone), and video (cable) both current and future. The Task Force met eight times totaling over 30 hours. Task Force members represented the city, the school district, the county, the hospital district, small business and large business. It included technical and non-technical people. A number of guests were invited to the various meetings: John Schultz, FTTH, installs fiber to the premise and provides data, voice and video services: John Griffin, Optical Solutions, installs fiber in the ground and provides telecommunications equipment; Wayne Buse. Hallberg Engineering, served as technical and design consultant to the school district when they moved from copper cable to fiber between and inside their buildings; Tom Ollig, TDS Telecom; and Tucker Carlson, government relations manager at Charter Communications. . We held a special meeting with area service providers for voice, video and data. TDS Telecom presented their current service offerings and shared a map showing fiber layouts in place and planned. Charter Communications gave a presentation on how they are using fiber to bring cable, internet and, eventually, voice services to the area. The Task Force found that there are various limitations to both service providers. The current TDS fiber design seems not to be the most efficient for maximum service potentiaL and they prefer to install fiber only to new residential and commercial developments rather than citywide deployment. Charter \Ld\~ Council Agenda - 8/22/05 . Communications does not install fiber to the premise at this time; they bring fiber to a node and run coaxial cable from that point to the building, which severely limits future service levels. Both providers package their services individually or in bundles, but they are quite pricey. Neither indicated a direction that would lead to lower prices, such as those in areas served by Qwest and Comcast. The Task Force was quite concerned about the unwillingness of current service providers to disclose the type of cabling being placed in city right-of~way and the lack of control the city has over actual utility placement and documentation. The Task Force feels that this issue needs to be looked at in the very near future and a permitting process for such easements should be established. At an earlier task force meeting, Sue Heidt, Director of Technology for Monticello School District gave a presentation on the fiber layout between the school buildings and the advantages gained by using fiber for telecommunications. John Bozich from UMC arranged for a tour of their facility, which is wired with fiber for their current and future technology needs. . During the research process, the Task Force identified some possible directions the City could take if they decide to pursue a fiber network within its boundaries. As part of a further study, these might be some of the options that could be researched. Possible ODtions for Fiber (Fiber in the Ground/Fiber to the Premise): 1) City fully funds installation of fiber in the ground/to the premise; build/own/operate their own utility; provide service for voice/data/cable ("triple play") - voter referendum for building or owning a telephone exchange required by MN Statutes with 66% approval 2) City fully funds installation of fiber in the ground/to the premise; allow open access network - after fiber is laid, allow providers to lease access to the fiber to provide VOice/data/cable services 3) City fully funds installation of fiber in the ground/to the premise; partners with one (or more) vendors to provide service for VOice/data/cable 4) City partners with a vendor to fund installation of fiber in the ground/to the premise and selection of service provider(s) for VOice/data/cable The Task Force consensus is that Monticello's long-term future will be best served by further investigation of the feasibility of deployment of city wide fiber optic infrastructure in Monticello. The purpose of the feasibility study will be to assess Monticello's long term tclecommunications and information needs, clarify existing resources, identify a technology plan for the city and community; carry out a market study with possible stakeholder meetings; assess the options and risks associated with providing city wide fiber optic services; clarify the requirements for provision of voice, video and data services; and analyze financial and operations options. . \\_.;2l~ Council Agenda - 8/22/05 . B. ALTERNATIVE ACTIONS: 1. Authorize the Task Force to continue its work and develop a Request for Proposal (RFP) for a feasibility study with appropriate process and time lines identified. RFP to be accomplished at a cost not to exceed $1500. (Feasibility study cost would be int1uenced by depth of study to be conducted and would be subject to approval by Council.) 2. Do not authorize a feasibility study and discontinue any further research into city participation in a fiber optic network. C. RECOMMENDATION: [t is the recommendation of the Fiber Optic Task Force that the Council authorize development of an RFP for a feasibility study on the possible deployment of a citywide fiber optic infrastructure and to make recommendations about the role of the City in that deployment, if any. The Task Force feels that a feasibility study is necessary. D. SUPPORTING DATA: . . List of Task Force members . Handout: Fiber Optic Goals and Benefits . Summary Handout: What will be different if Monticello chooses fiber optics~ . A presentation will be given at the Council meeting by members of the Task Force . l'_&dO . . . City of Monticello FIBER OPTIC TASK FORCE GOALS AND BENEFITS OF FIBER OPTICS Key Value Phrases - "What goals do we want to achieve?" A) Forward-thinking community B) Welcome new population while retaining current residents and businesses C) Create and retain sound economic base 0) Comparative and competitive advantage in residential growth, business development, and medical and educational services E) Preserve present high quality of life F) "Yesterday's Values, Tomorrow's Technology" Benefits for implementing fiber optics in Monticello - "How will fiber optics help preserve and enhance our goals?" . Make Monticello the premier choice for living and doing business . Create foundation for future economic grov.th . Act as a development magnet . Add value as a community asset . Add value to individual homes and businesses . Improve city services and offer new services . Improve access to educational and medical services . Improve services offered by/through local businesses and organizations . Keep residents involved in local community . Improve what is already offered in the community . Provide new, valuable services to the community goals benefits-supp doc: 8/18/2005 II - dd I . . . City of Monticello FIBER OPTIC TASK FORCE Members Steve Andrews HRA Commissioner Lynne Dahl-Fleming IDC Member Cathy Shuman Senior Finance Officer, City Staff/MIS Support Wayne Mayer City Council Susan Heidt Director of Technology, Monticello School District Ruth Kremer Information Systems Director, Monticello-Big Lake Community Hospital District John Bozich Business Dcvelopment Manager, UMC (Ultra Machining Company) Support Staff Ollie Koropchak Economic Development Director, City Staff Milda Hedblom, J.D., Ph.D. Consultant, Dain International Services Brenda Krueger Consultant, Springsted, Inc Doug Lyseng Owner, Doug's Computer Service (technology consultant for the city) ll- dd- d - . . . What will be different if Monticello chooses fiber optics? The Task Force will elaborate on these issues during the presentation to Council. Communication Services Economic and Industrial Development Educational Access Business Services and Grov,th City Serviccs Medical Services 11- p;;,)3 . . . What will be different if Monticello chooses fiber optics? Presentation to the City Council of the City of Monticello, MN By the Monticello Fiber Optic Task Force August 22, 2005 Communication Services Downloading full-length movies over the Internet will become another way to rent from home. 1. Choice of service; Residents will have an increased choice among providers for telephone, cable and internet service (voice/video/data - 'lripJe play'). 2. Lower prices through compelition. 3. "One-stop shop"; One bill to pay. One company to call for help. 4. Responsive local supporllo provide easy set-up and reliable service. 5. Flexibility of choice for individual services without financial penalty; Internet. Video and/or Phone. 6. City-wide access to individual special high-speed services to the homelsmall office. 7. Quick video/file downloads from the internet; Video on demand in minutes not hours. . . . What will be different if Monticello chooses fiber optics? Presentation to the City Council ofthe City of Monticello, MN, August 78, 2005 Educational Access During the 2004105 school year, Ties Education Consortium coordinated a session, which allowed students to watch an open-heart surgery in real time. Monticello School District did not qualify lor participation because the T1 bandwidth used for the internet connection simply was not sufficient to accommodate concurrent web-based instructional applications. A fiber connection could have allowed for the needed bandwidth. A survey conducted in the SI. Michael-Albertville School District found tllat 97% of families had a computer in their home. The District sends student assignments via the internet to each home and provides for on-line interaction between parents and teachers. Universities (such as Capella) provide on-line learning environments, which demand on-line immediate interaction. Students must be able to download and upload materials and resources in order to complete tasks. These environments are moving to larger and larger bandwidths in order to accommodate the resources available_ 1. Fiber optics supports the most advance on-line learning_ Families will choose to live in Monticello to have the best digital service possible for meeting the educational needs of their children. The internet and technology- driven applications for education will continue to be a driving force_ Adequate bandwidth is a primary requirement needed to support current. emerging and future applications. On. line learning and video streaming are becoming more common for instruction. 2. Students would be able to continue research and assignments at speeds equal to or greater than the School District's Iiber. Parent and student access to course work, assignments, support materials, and communication with teachers will be easy and instantaneous from home. Many households already have their computer located in the family room. Because education delivery is not confined to a single person in a limited location, school and education are something everyone at home participates in. 3. Families with homebound students can participate in classes 'virtually" through video and other on-line access. Learning through telecommunications does not have to be confined to a single space. 4. The best facilities for family-based learning will be available to all residents regardless of income. Better learning opportunities at home lead to a top quality educational environment in the schools, higher achievement for all students, and a school system that attracts families to live and school their children in Monticello. 5. Access for life-long learning will allow all residents to acquire skills and degrees desired for career advancement or personal reasons. Knowledge and skills acquired leads to increased individual income with benefits for the Monticello economy. , o . . . What will be different if Monticello chooses fiber optics? Presentation to the City Council of the City of Monticello, MN, August 18, 2005 City Services The City adapted their access to the County's Geographic Information System because of inadequate bandwidth and speed. With fiber optic technology, the City could have access to much more data and related maps. Assessment processing at the County alone costs over $4,000 a year. The potential exists for the City to create assessment rolls in house, transfer the data to the county, and perform annual maintenance if the bandwidth and speed could be provided through fiber optic connectivity. Government software and point-of-sale systems at the liquor store and community center are now housed on servers in City buildings. Within a few years, many of these applications will be moved to web-based applications, which will require higher-speed internet access, but will provide more choices and benefits for employees and citizens. 1. High-speed transmission between other cities, counties and state offices provides the ability to download and upload video and data files between entities. 2. Improve and expand City services through download and upload of engineering specifications, blueprints. grading plans and computer aided drawing (CAD) drawings and maps between staff, consultants, and developers; faster, more efficient transfer of data with state departments (i.e_, Motor Vehicle office); more choices in on-line banking for the City, including vendor payments. 3. The City has begun converting public records for electronic storage (i.e. large scale maps, new development plat maps). The transmission of this information is not feasible with current bandwidth constraints. 4. The City and City employees are limited in meeting public needs because the current bandwidth is too slow to take advantage of today's technology tools, which link the public to city services and resources, thus providing better services at reduced cost. 5. The City's ever-increasing data requirements are rapidly outgrowing current bandwidth offerings. In order for the City to continue to conduct its essential business, the City will require a much greater bandwidth, which fiber optic offers. 6. Council and Commission members will have direct on-line access to agendas and all supporting data, including detailed legible maps. Live webcasts of City Council and Commission meetings would be made possible. which would enable citizen participation in public hearings from off-site locations. 7. Possible creation of a new revenue producing enterprise. 5 . . . Council Agenda - 08/22/2005 12. Review of biosolids alternatives for the wastewater treatment Dlant. (J.S.) A. REFERENCE AND BACKGROUND: Bob Brown from Bolton & Menle Inc. has completed the study for biosolids alternatives for the wastewater treatment plant. A copy of the report is provided under separate cover for your review. This report looks at three alternatives; 1) purchasing an additional 160 acres ofland and continuing to produce a liquid Class "B" biosolids at the wastewater treatment plant. 2) To build an AT AD (AutoThermophilic Aerobic Digestion) Facility to produce an exceptional quality liquid Class "A" biosolid. 3) To build a heat drying facility using a bclt dryer technology to produce a 90% - 95% dry exceptional quality Class "A" biosolid. This dried volume is 30 times less than the liquid biosolids produced under thc Class "B" process or the AT AD process. In order to be efficient for heat drying the biosolids must first be dewatered to 18% - 20%. This is usually done \vith a belt press or Centrifuge prior to the heat drying operation. The heat drying process produces a biosolid which can be used for fertilizer on crop land or burned as a fuel source. Using the 90% - 95% dry biosolids as a fuel in an incinerator it is possible to save up to 70% of the energy used to dry the biosolids. Once incinerated, the biosolids only 5% in volume of the original 90% - 95% dried biosolids. Consequently, a significant reduction in volume is achieved. This final product after incineration can be landfilled or used in roadway construction as an aggregate. The cost of the thrce alternatives are not low! The cost of continuing to produce a Class "B" biosolids, the first alternative, and purchasing another 160 acres ofland exceeds $8.5 million if we are able to purchase land at $20,000 per acre. This alternative does include an additional biosolids storage tank at the wastewater treatment plant and some modifications to the existing facilities at the wastewater treatment plant in relationship to solids handling. The second alternative, AT AD, also continues to produce a liquid biosolid but the biosolids are an exceptional quality Class "A" product. Thc cost of this alternative exceeds $10.5 million when you include purchasing an additional 160 acres at $20.000 per acre. If we are able to apply to other properties on a regular basis through some type of contract arrangement, we can reduce or eliminate the need to buy additional land, but until such timc all of those are in place, in order to guarantee a use we would have to purchase additional land. The third alternative, which is heat drying, comes at a cost of$7.25 million not including the incineration portion. The volume ofthe heat dried biosolids, of course, is 30 times less than the product from AT AD and, if incinerated, the final product is a very low quantity. The cost of the heat drying system is very similar to A TAD if you do not purchase additional land for the AT AD process and get guaranteed land for use of the biosolids through some type of contract. Bob Brown will present additional information at the council meeting regarding the cost and benefits of incineration similar to what Buffalo is doing. In regard to the purchase of additional land, Chuck Keyes, the Manager at the Monticello Wastewater Treatment Plant for PSG, has contacted owners of four sites for possible purchase and investigation of the lands' suitability for use for biosolids. Three of those sites are in the area of our existing facility. One of the sites is the Susan Hanaford property down on County Road 106 which was studied in the past. We also looked again at a variety of other sites but passed over them, again, as we had approximately ten years ago. Due to the rumors of fast paced development (5 years) in the area of our existing facility, ,:). - ~.:) "\ . . . Council Agenda - 08/22/2005 asking prices for land are in the area 01'$30,000 per acre. We are continuing to work with area property owners and investigating additional property on County Road 37 towards Maple Lake. In order to better comprehend all of our options, the costs associated with those options and the risks, it is recommended that we hold a workshop specifically for the purpose of selecting one of these alternatives or doing additional investigation prior to selecting an alternatives. In the report you will note that the recommendation is to select the heat drying system as our alternative due to its ability to produce a Class "A" exceptional quality biosolid 30 times lower in volume than the liquid streams, and its ability to reduce that volume more and convert the biosolids to an inert product through incineration. Chuck Keyes and myself are leaning towards the support of that alternative also but, again, feel that the committee has not had ample time to investigate that alternative fully. B. ALTERNATIVE ACTIONS: I. The first alternative is to set a workshop for the City Council with City Staff and Bolton & Menk. Inc. and work through the details of all the alternatives and get further direction at that time. 2. The second alternative would be to select a process and move forward with design and land purchase if included with that alternative. C. STAFF RECOMMENDATION: It is the recommendation ofthe City Administrator, the Public Works Director and Chuck Keyes, Project Manager at the WWTP, that you select alternative #1 and that we hold a workshop to look further into these alternatives and get some direction from the City Council. D. SUPPORTING DATA: Copy of the report under separate cover from Bolton & Menk, Inc. Copy of the memorandum from Chuck Keyes on the land search. Copy of map of sites looked at. Copy of Wright County Plat Map for properties on West COlmty Road 37 towards Maple Lake from Highway 25. IJ.- O-dS ~(Q)~~ MEMORANDUM TO: John Simola FROM: Chuck Keyes DATE: August 17, 2005 SUBJECT: Additional land for Cities Land Application Program John: . As directed by you I have been looking at additional land that may fit the criteria for the Cities land application program. Using the map from the 1995 Biosolids Site Study I selected 4 possible sites. I tried to stay with at least 138 to 200 contiguous acres as needed for our program. There are 2 pieces with less acres but this land is adjacent to the Cities current facility and would work if we were able to pickup both. These sites were picked because at first glance the soils and slopes seem to fit the requirements. Listed below are the land owners or renters I have been trying to contact: . . Charles Holthaus - 78 acres adjacent to current facility . Richard Schillewaert - 80 acres adjacent to current facility . Joseph Holthaus - 138.4 acres (Susan Hanaford property) . Michael Fair - 205.5 acres adjacent to current facility VEOLlA WATER NORTH AMERICA OPERATING SERVICES, LLC 1401 Hart Boulevard, Monticello, MN 55362 Tel 763-295-2225 x24 Fax 763-295-4779 www.vealiawaterna.com 11- ddlo 6i9l~~ ld--d-dl . I have spoken with 3 of the 4 contacts; I hope to speak with everybody within the next week. I spoke with Charles Holthaus on August 1rh; he was aware that there was some land for sale in his area but did not know if he was going to sell his. He said he would think it over and we could talk at a later date. I spoke with Richard Schillewaert during the week of July 25th; he indicated that he would be interest in selling his land to the City at a price of $30,000 an acre. This calculates to an estimated 2.4 million for his 80 acres. He said that there was a developer interest in his property that was trying to get financing but no money had changed hand. I have been unable to speak with Joseph Holthaus to date but I do have a message in to have him give me a call at his convenience; I will continue to attempt to contact him. . I spoke with Michael Fair on August 16th; he indicated that he to would be interested in selling his property to the City. Although currently no developer has offered to purchase his property he said that developers were telling him that his property could become developed as quickly as in the next 5 years. Based on these conversations and knowing what Richard Schillewaert was getting for his property (he heard that the Schillewaert property had sold) he also wants $30,000 / acres. This calculates to an estimated 4.8 million for the 160 acres needed. Attached are copies of the letters I sent to the land owners. As directed I will continue to work on identifying possible sites in the area and down County Rd 37. Please contact me at 763-295-2225 if you have any questions. Cc: Peg Becker, USFOS File . Dear Mr. Holthaus ~. VE ... LIA (., Water. July 20, 2005 Mr. Charles Holthaus 2580 85th Street N.E Monticello, MN 55362 On behalf of the City of Monticello, I would like to introduce myself. I am Chuck Keyes, Veolia Water Project Manager. We are an independent contractor who manages the wastewater treatment facility for the City. The City is in the process oflooking to purchasing additional farm ground for their biosolids land application program. Your 78 acres ofland, located to the east of the City of Monticello property in the Wl/2 of the W lJ2 of section 9 T-121- 122-N - R-25-W seems to fit the MPCA qualificatious for a biosolids facility. The City would like to know whether you might be interested in selling the above ~ mentioned property if it does qualify for a biosolids site? I would like to meet with you to explain the program, answer your questions, and ultimately gather information for the City as to your possible interest in selling your property. I will be calling you in the near future in an effort to setup a meeting. If it is more convenient for you, you may call me at 763-295-2225. I look forward to meeting you to discuss the City's program. Sincerely, ~~\ Chuck L. Keyes Project Manager Cc: John Simola, Public Works Director VEOLIA WATER NORTH AMERICA OPERATING SERVICES. LLC 1401 Hart Boulevard, Monticello, MN 55362 Tel 763-295-2225 x24 Fax 763-295-4779 www.veoliawaterna.com jJ- dd-6 rVEIDLtA- - I ':" ~ .. .. "-l ~ '\ , 33 \ ~843 MONTlSSIPPI r~~\: 411 " ~ COUNTYPARK'~. ." Wethington ~::'~ ~C : r~\' \ . ~~ : Fan;,'X,Ltd .... ~~" ",It AI"e \ ) d'\;~~ ~~ ~& ....... J ~ ~ _ 135 I!T' v'~ ,~ ~ A_ ~ -~:<;~7c3~".y ~;~,~ - \ -"0,. ~ ~ lJJ " ~ \~~ ~ ~;;: ,,\ TE' 57.3 Kelly 391 Landbo Monfi'6~llo Bradlev "t~ ""'-~'~~;"<S',?, ~ :;; t 38 L.~.: - . Properties R n'" 73 9 ~ I '-.:" y-, tI'::l: % Z MN l\.1ichael &Carla ~ LLC ecreah - "" & Brian \. o j ~ DNR &Susan C:;:n '" 111 ~ Inc - Paumen 193.9 ~.,,,.\_..., 272.. . g=<::o Mlchaehs 4(1, 1 11'\4 -'I i'x .., [~.t" ~ ~~~fo:;L w~I; ~j 1:: i;;~; 'o'! 99.2 f - 37.5r h 74.2 ' (\.;.~~!\ "'. ~~~'-"'-,.L )o''Ph& "\.39 ,M' ',~ ,,'" "" '" LJ M 39 I ~ ~ I '" h 76.5 ~~~r 71.8 h;; Michael & - 55 ~ _~Zb. 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F J:.\ 37'/"'''''' L",da &:.Mark Maryl" g Provo OJ Ra_t'" 0 Sherwood ,L ...Wuntt.e o LAKE Ruth ~~;~..na& G.~rn;ki wurm~:r'i~bYI 71 ~e D 454 D-. ~ l'<<eSt 66.6 i~ "'--1,1 I-< 457 David 12 :;> Jude M""",-",1 80 -.0 70 l~~ .. Clifford~":l '" -" IW J"""& hl:5 Pederson ,~ ~ c, '" ' .eo;,"' ~ w'~' ~,:". BOGG 5000 '!J..::"- ,.. . w"' H.d.k H ~ ~ .b';;';' w;:;:" 155 4000 See Page 34 2000 1000 ~~>t~. .;:.,:,:,{j.:<,,<,. 'Free Home~arch and Home . AnalysiS by Top Producers ~~,"'f "~Il{@ Family Rea~ Indepenclenffy Owned and o,;;/ated www.familyreally-mn.com emaH, familyreally@spacestar.net 163-682 -579(" 3lJ81OfttAve; ~k Buffalo, MM 55313 Li.,. I -=j :d. .J .J J .d ] ., ~ - ~ ~ s= B= (t= c= &= It.: !;= c: {;c t.. ~ !;. r'- ~ "'\ ,'\ 'Y_"~'''''' ,c, ." ~o ....<;,; '" ,- J ./ ~ ,,.r~ \11'\ ii ~,\"I':'I~ ..' \ " ~. ' "",\\~ ,oil ,11>-::" . ,..;1., "" .); HI ,,, " i I .\ ,.J ~ , \ t" ~ / ..~ ~ Ill( t' ,,' I' ,I, "'. ~tr 01; 1t>. ",~) I~I' ' ,',/ \l>'\" , \,i'~~~". \ ~Ifl\ ,..:,,1' ~ ., ~.\. . :,,\.1' ", ," ~\"I(.\'I'l \ ' , " ,'~ '1' .... \. ,\ "'1 '1\I)lt,,1\'-L. . ~ J' V:, \ ," \ ~,' (" '~/', '--- " ~_/ 'f~ '--.,' -,~ -, ...).\ '-,"/ _'-:1.:-::,~".\:'..:)\~}. ~~..~,.: , . ,. . " ", '"L ... , ... '0 0) ~ ~ ~ c; ,- ~t ~ " , ~ '~ 1. \;:, r ~~ ~\\\ . . . 13. A. Council Agenda - 8/22/05 Auurove desi!!n lavout for remodelin!! work at City Hall to accommodate added staff and authorize staff to obtain QUOtes. (FP) REFERENCE AND BACKGROUND: Included with the agenda packed for the August 8, 2005 was a memo addressing proposed remodeling of City Hall to accommodate the recently hired building inspector and engineer as well as space for future support staff for these positions. Attached is a copy of the memo and sketch for the remodeling work. The staff is asking Council to discuss the proposed layout and if they are in approval of the same, authorize staff to proceed with obtaining quotes for the remodeling work. B. ALTERNATIVE ACTIONS: I. Approve the remodeling work for City Hall as per the attached sketch and authorize staff to obtain quotes from vendors for the work proposed. 2. Approve the remodeling work with revisions as noted and authorize staff to obtain quotes on the revised work. 3. Direct staff to do further study of other options as directed by the Council. C. STAFF RECOMMENDATION: With the addition of staff, there is a need to address how space needs for the additional staff will be handled. The memo and sketch submitted to the Council is meant to provide Council with a plan to be considered. Staff is open to suggestions that the Council wishes to make on the proposed work. However, staff needs direction in what the Council wants done and authorization to proceed with getting the necessary quotes for the work. D. SUPPORTING DATA: Copy of memo and sketch of layout. . CITY COUNCIL UPDATE August 4, 2005 Subject: City Hall Space Alterations to Accommodate Staff Additions Preparations are being made for staff additions to city hall. Space needs programming and a schematic design have been prepared by staff. That information was provided to Mahler and Associates Architecture who prepared the attached preliminary office plan. The attached plan is a compromise between making no changes to the city hall (an unacceptable proposal) and adding a second floor (not cost effective at this time). It is estimated that the proposed plan provides for city hall staff additions expected in the next three to five years. Thereafter, if staff additions including those presently being considered exceed four, then a more expensive building addition must be considered. The proposed plan will provide an additional private office for the City Engineer and involve a cubical re-arrangement to accommodate an engineering technician. Plan review, drafting, CAD and file space for the engineering department will be provided as described by the plan. . The addition of a building and code enforcement inspector will require rearrangement of existing cubical space and the moving of office equipment into a portion of the records storage room. Archived records are presently being converted from paper to laser fiche. There may be a need to either accelerate that process by employing additional professional services or to provide secure off-site storage. Existing active files would be moved to convenient hallway wall locations and into the new work room. The City Administrator is recommending that the proposed plan be approved by Council and that Council authorize staff to complete plans, seek quotes for the construction, equipment and services needed to accomplish the proposed plan. If so authorized, staff will complete plans obtain quotes and provide that information to Council for approval as soon as available. . . 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Council Agenda - 8/22/05 Consideration of Proiect Award for the Extension of 7th Street from St. Henrv's Chnrch to CSAH 18 and Constrnction of Hil!hland Wav from 7th Street to CSAH 75 (City of Monticello Proiect No. 2004-02C) (WSB) REFERENCE AND BACKGROUND: Thc extension of 7'h Street from its termination at St. Henrv' s Church to CSAH 18 and Highland Way from 7'h Street to CSAH 75 are needed imp~ovements associated with the proposed CSAH 18/1-94 Interchange project and the Ryan development project. 7'h Street is identified as a collector route relieving traffic on CSAH 75 in the Monticello Transportation Plan. These proposed roadways are to be located within the Monticello Retail Center (Ryan development), which is currently under construction. The construction of Highland Way includes a crossing at the BNSF railway to CSAH 75. Thc BNSF Railway has indicated that the railroad crossing improvements at Highland Way will be completcd by October 1, 2005. A traffic signal is proposed at the interscction of CSAH 75 and Highland Way and is included with the project improvements. City staff is in the process of finalizing the agreement with St. Henry's Church to obtain the right-of~way to rc-align 7'h Street. The existing pond on their property is proposed to bc relocated north of the new 7'h Street alignment in order to develop the property where the cxisting pond is located. The projcct is proposcd to be largely funded through special assessment agreements with Ryan Companies, the dcveloper for the Monticello Retail dcvelopment. These funds have been rcceived by the City and are available for use on the project. Trunk storm sewer costs are proposed to be funded by the City's trunk storm sewer fund. Project costs associated with the construction ofthe traffic signal at CSAH 75 and Highland Way are proposed to be funded through special assessments to the adjacent benefiting propcrty owners, including the River Wood apartment building, which includes using 25% of the total cost and spread using estimated trip generation for all benefited properties. A request has been made to Wright County for a 50% contribution for the traffic signal in accordance with their funding policy; however, to date, they have refused to contribute. The anticipated project schedule is as follows: . Plans approved for bidding "".""""..."""""."""... July 11,2005 Project award ."""........."""....""......""""....,," August 22, 2005 Start construction ...."....".."...."""....""".... September 1,2005* Highland Way substantially complete "".....November 15, 2005 Storm connection complete...."" "...." ""......November 30, 2005 7'h Street substantially complete "...."".."..."........ June 30, 2006 7'h Street and Highland WayIOO% Complete ""....July 3 L 2006 . . . . . . * Note: The above schedule was extended two weeks due to Ryan needing to lower their site to accommodate grading operations. This resulted in the plans being revised. Ryan has submitted the attached letter approving this date change as it relates to the Developer's Agreement. . } Ll- d 3S r'-'dlllIlIY"..."ra('/", llill5 ('''"lld! _J).':",,':a'._III).': l~_"'IJ05,,\'_]]_!i5-,h Sf !'n'i,'c" .I""w' d", . Council Agenda - 8/22/05 ALTERNATIVE ACTIONS: 1. Consider award of the project to the lowest responsible bidder. 2. Do not award the project at this time. C. STAFF RECOMMENDATION: The City Administrator, Public Works Director, and City Engineer recommend selecting Alternative No.1. D. SUPPORTING DATA: . . The Letter of Recommendation and Bid Tabulation will be available at the City Council meeting. }Q,P-3lp {':II.J"l""''''/lI.' mid Sdl;HK"dLll"l.):ms.,ili!:<'f,( '/ll.our! SCII;ni:-,'h"'!J()"wy IlIIln"" Filc,_,l()f)..:A>I(;;V fH1- -IllS, h."i"u .-j,w,.d_f.l,,_'21i5.d,,( 15. . Council Agenda - 8/22/05 Accept Report and Authorize Staff to Implement Recommendations for the School Boulevard Pedestrian Studv) (WSB/JS/JO) A. REFERENCE AND BACKGROUND: . The City Council requested that a pedestrian study be completed for School Boulevard between CSAH 18 and TH 25. This study has now been completed and is attached for City Council review and approval. The purpose of this study was to review the existing pedestrian crossing locations and recommend improvements that would improve the pedestrian safety and flow adjacent to and across School Boulevard between CSAH 18 and TH 25. The study included conducting an inventory of the existing in-place pedestrian signing and pavement markings, conducting a pedestrian and traffic count along the roadway, meeting with school district staff to review alternati ves, and preparing final recommendations and cost estimates for alternative improvements. The results of this study recommends a two-phase implementation. The first phase (2005) would involve installation of "low-cost" improvements including signing and striping improvements, pedestrian ramps, and temporary bump-outs along School Boulevard. The second phase (2006) would include reviewing the temporary bump-outs. consideration of installation of a pedestrian flasher, and the addition of bituminous path segments on the south side of School Boulevard. In addition, the results of the speed study would be known and could be factored into the need for additional improvements. The estimated cost of the Phase I improvements is $9,000, of which the school district has agreed to pay 50 percent. It is assumed that City maintenance forces would fabricate and erect the signs within the City's right-of-way. The other items will be completed by a contractor. The Phase II costs are estimated at $157,000 and would primarily be City cost. The cost assumes that permanent bump-outs would be installed. It is anticipated that the Phase II improvements would be reviewed and brought back to City Council for approval at a later date. The study process included input from the Jim Johnson, Superintendent of Schools who reviewed the preliminary analysis/recommendations from the traffic engineer and provided input accordingly. B. ALTERNATIVE ACTIONS: . c. I. 'VIotion to accept the report and authorize staff to implement recommendations. 2. 'VIotion to accept report with alternative recommendations. 3. Do nothing at this time. STAFF RECOMMENDATION: The City Administrator, Deputy City Administrator, Public Works Director, and City Engineer recommend selecting Alternative No.1. {-, 'j ){)('lim<"I".'- <lml S,>lIj"g' ,'!"H").~!',,-,_,illga.( -hl.{){:,,: S<,/Jilig.<', "''''I''i/HlT fili""""1 I-lie ,( Jf.K.FH;S Ir~/-I'"dt'slri"lI .. ''''S,-ilig S"d,'-1!8l_'ri5.ci", I ~ -d3-l . D. . . Council Agenda - 8/22/05 SUPPORTING DATA: Pedestrian Crossing Study Report (':'1 JIi('lIll!UII., "'i<IS,'lIilig,-,JilLl1I.j;ms,,1I1gt'r_( '1'f.'.nr/S,'lIiili'_\ ;"III/,m"<l/)' liilUlld l-if,,_,'i)I.~'.-l','I( iA' 1/:11-1','0', II;"" (-"'i"sill._' SIll",'-I)S_'~(J5,"(),- ) 5 - d- .~'i) ... . WSB & Associate:.; fnc. Memorandum To: Honorable Mayor and City Council City of Monticello From: Chuck Hickart, P.E., p.T.a.E., Transportation Engineer Date: August 17, 2005 He: School Boulevard Pedestrian Crossing Study City ofilIonticello, MN WSB Pro;ect No. 1627-18 Introduction / Backe:round . Traffic and pcdcstrian volume on School Blvd. are continuing to increase. This is evident with the recent completion of the Wal-Mart store and other planned commercial areas along School Blvd. In order to provide for the safest conditions for both pedestrians and vehicles, the City Council requested that a Pedestrian Crossing Study be completed documenting the existing deficiencies and recommcnding improvcments to improve safety for pedestrians in the corridor. The study was conducted along School Blvd. from County State Aid Highway (CSAH) 18 to Trunk Highway (TH) 25 and included: 1. Collecting the existing traffic and pedestrian t10w in the corridor. 2. Documenting existing signing and striping along the corridor. 3. Analysis of alternatives for improvements to safety and operations. 4. Recommendations of improvements to improve safety and operations. Existine: Conditions Thc cxisting conditions in the corridor were documented and are discussed below: 1. Tramc Volume / Pedestrian Volumes A pedestrian and tramc volume count was conducted during the week of April 18, 2005. Based on this data, it was found that the average daily traffic on School Blvd. between Fallon Avenue and CSAH 18 is approximately 5,800 vehicles per day. During the period Irom 6:00 a,m. to 10:00 a.m., there were approximately 40 pedestrians crossing School Blvd. between TH 25 and CSAH 18. Over the period Irom 2:00 p.m. to 6:00 p.m., there were approximately 130 pedestrians crossing School Blvd, . (':_i',;." ,','h,n,d"-..",, ",.,',,," "-m""i.',.,-(-J.f....<"'Se'.'i,,.,,':.IC-''''-'''''''Fl 1",.<-,-",'11':, ,.lI!,",.I".I!i Ilf'_:,,,, _.';.'.'.'''5'{." 15 - d 3~ Honorable Mayor and City Council City of Monticello August 17, 2005 Page 2 . 2, Signing / Pavement Markings There are currently a mixture of pedestrian crossing signs and school crossing signs throughout the cOlTidoL In addition, there are marked (striped) crosswalks at several locations in the corridoL The following locations have either marked or signed crosswalks: · Pelican Lane (across from the ball fields by Pineview Elementary) - marked, and signed, · 'vlid-block between Little Mountain Elementary and the lIigh School - marked, and signed school crossing, · Fallon Avenue - marked crosswalk . Country Avenue (between Fallon Avenue and Edmondson Avenue) - marked crosswalk, · TH 25 - marked crosswalk , ~, Speed Limits The current speed limit on School Boulevard is posted at 45 m,p,]l, A school speed zone is posted between CSAH 18 and Fallon Avenue, reducing the speed from 45 m,p,h, to 30 m,p,h, when children are present A speed study is being requested to be completed by Mn/DOT to generate the speed limits on School Blvd, . 4, Pedestrian Path Svstems Currently there is an eight-foot bituminous path on the north side of School Boulevard from CSAH 18 to TH 25, On the south side, the path is located between Farmstead A venue and the school crossing at Little Mountain Elementary School, In addition, there are sidewalks or pathways located on the following side streets: · CSAH 18 · Farmstead Avenue · Country A venue . Cedar Street Figure I ill ustrates the existing conditions through the corridor, I S-~<..j 0 Alternative Analvsis Several alternative improvements were considered to improve safety and operation of pedestrians in the cOlTidoL Each of these is discussed below: L Signing / Pavement Markings Currently there is a mixture of pedestrian crossing and school crossing signing throughout the corridoL [n addition, advanced signing and crosswalk signing is not included at several crossings, . i"'I: "''''''''''i,,,.,d_lil,-,,,,t'._.,i,,,,., """"",",".i"fl.-"'''!.I' "",,,"'!"',,!-"r,,r'. I"!,-J ,"f.-l,'d;I,~'I,\fI'.\Ir'J.i""",'_'-"'::.iO_;,!., . . . Honorable Mayor and City Council City of Monticello August 17, 2005 Page 3 The existing marked crossings will be maintained at: . Pelican Avenue . Mid-Block at Little Mountain School . Edmondson A venue . Cedar Street . If! 25 This alternative would provide the following: a. Advanced pedestrian crossing signs for westbound traffic at CSAH 18 and for eastbound tramc at Edmondson Avenue. b. Crosswalk signing would be located at each existing and new crosswalk with a down arrow through the corridor. c. Relocation of the existing marked and signed crosswalk at Fallon Avenue from the west side to the east side. d. Addition of a new marked and signed crosswalk at a mid-block location adjacent to the high school. e. Installation of pedestrian curb ramps at Pelican A venue. All signing would be the pedestrian crossing signing, not the school crossing signing in order to be consistent through the corridor. Estimated cost. 57,500. This cost includes fabrication and installation of signing within the City right-of-way by City forces. All other costs will be contracted. 2. Bump-Outs Two mid-block locations between CSAH 18 and Fallon Avenue have a considerable number of pedestrians crossing during the peak hours. These locations were at the existing crosswalk between Little Mountain Elementary School and the High School and at a location adjacent to the High School driveways between Eider Lane and Pclican Avenue. 'fhis alternative would provide six-foot bump-outs at each of these locations. These bump-outs could either be in the form of temporary removable bollards or permanent raise concrete curb and gutter sections. The purpose of the bump-Oltts would be to bring attention to vehicles traveling on School Boulevard that a crossing condition exists at these locations. They would provide a safe location for pedestrians to congregate prior to crossing. In addition, it would reduce the length of street that a pedestrian would have to cross. Estimated Cost: Temporary hump-outs 51,500, permanent hump-outs - 572,000, installed hy City I'vfaintenanceforces (....h..,.......,..,,,,.....,...'.\,,,,......g,.,'''',...,.-,, ;",-,.,-,'/.I",-""\"";,'.t-"'"{"",.',,,",,,'.I,,,,'."'" .....fcs'IJi./.:.I,.\:nHJI..,.",-".,c'Ii5..I", IS-dY( Honorable Mayor and City Council City of MonticeHo August 17,2005 Page 4 . 3. Flashers Similar to the bump-outs, pedestrian flashers would provide a visible indication that pedestrians are present in the area. The flashers could be used in conjunction with or without the bump-outs. They could function as pedestrian actuated or on a timer. Power for the t1asher would be supplied from the existing school sign. Estimated cost: 59.000 4. Path Connections Based on the pcdcstrian volumes through the corridor, two bituminous path connections were considered. These connections are on the south side of School Blvd. The first location would be the path connection between Farmstead Avenue and Country Avenue, and the second would be a connection betwcen the existing pedestrian crosswalk at Little Mountain Elementary School and the new crossing adjacent to the high school. This path would continue south between the ponds into the Cardinal Hills Development. These pathway connections would help complete the trail and sidewalk system in this area. . Estimated Cost." 576,000 Figure 2 illustrates the proposed alternative improvements. Conclusions Based on the existing conditions and the alternative review, the following conclusions can be made: 1. Pedestrian and traffic volume counts along the corridor indicates that traffic is continuing to grow and the pedestrian volume is significant throughout the corridor, especially between Fallon Avenue and CSAH 18. 2. Between TH 25 and Fallon Avenue, most ofthc pedestrians crossing School Blvd. were using the marked and striped crosswalks. 3. Bctwecn Fallon and CSAH 18, there were several pedestrians using mid-block crossings that were not marked. 4. A significant number of pedestrians were crossing School Blvd. at the high school driveway and cutting between the ponds into the Cardinal Hills neighborhood. There were also a significant number of pedestrians crossing Schooll3lvd. at Eider Lane directly across from the high school. . ('.',Ii..,"'..".'.,,,..,,,.,,.....;,,,',....,,.',,, "', '"'li,,,,',,,,,,',J""'I,,,,.",Tb:,,"p.'c,,r;, ,(J,IA:.I'.\H:.\JlU"""-'''_'.'''_'d,,, J S -dY d. . . . Honorable Mayor and City Council City of Monticello August l7, 2005 Page 5 5. Several pedestrians were also crossing School Blvd. on the cast side of Fallon A venuc, where thcre is not currently a marked crosswalk vcrsus the west side where thcre is a marked crosswalk. 6. Thc current signed and marked crosswalks are adequate in some cases; however, a more consistent and logical system should be implemented. 7. A school speed zonc is posted bctween CSAH 18 and Fallon Avenue reducing the speed from 45 m.p.h. to 30 m.p.h. when children are present. This speed is excessive especially with the amount of pedestrian volumc and vehicular volume through the corridor. A specd study should be completed to review possible reduction in speed limits. 8. Providing a safe location for pedestrians to congregate and be visible to vehicles on School Blvd. should be considered. Recommendations Based on the conclusions and findings discussed above, a phased improvement implemcntation is proposed. 1. Phase I - 2005 Improvements a. Provide crosswalk signing that is more consistent and to identify all crosswalks throughout the corridor. b. Mark a crosswalk connection from the high school across School Blvd. This would include striping of the crosswalk and signing as indicated above. c. Relocate the marked crosswalk at Fallon A venue from the west side to the east side of the roadway. d. Install pedestrian ped ramps at the existing Peliean Avenue crossing e. Install a temporary (removable bollards) bump-out at the two mid-bloek crosswalks between Fallon Avenue and CSAH 18. The bollards would be removed for winter snow plows. The use of the temporary bump-outs would be evaluated in the spring. The estimated cost for Phase I improvements would be $9,000. {- '!),"'''':,'''r.'''''''~'ii' ",.,..!'.."i'_..,."'s..iW<.r.I'f./",...ISCIII.'..",.,.i...."f'",."n ',,,,"',"'I/'i', (!U;'_I',.\!F.\I<J_I"'.",_,__I"}'i';,,,,, IS-,;J.'-/3 Honorable Mayor and City Council City of Monticello August 17,2005 Page 6 . 2. Phase II - 2006 Improvements The following improvements would be reviewed with City staff and the City Council prior to implementation. a. Install a pedestrian flasher at either of the mid-block crossings between Fallon Avenue and CSAH 18. This should be coordinated with the School District to determine which location would be appropriate. b. Construct the new path connections on the south side of School Blvd. between the two mid-block crossings and the Cardinal Hills neighborhood and between Farmstead Avenue and Country Avenue. c. Consider upgrading the bump-outs to permanent curb and gutter bump-outs if warranted. The estimated cost for Phase II improvements would be $157,000 if permanent bump-outs \vould be installed. . If you have any questions or require any additional information, please call me at 763-287-7183. Attachments sm!lh } S-d t.f~/ . ,'."'1." ""."" ";"{S"'i''','''''!'''''Ii-"",,,,,'i'''i-','r ('{ '.1."",""'-1:",'.""')'"'' ";/,, !!.;;.I'.III..'./fI-!,.).'u_{}.'...SJ'.d,._ ~ i , !{L...., I~ '., I ;:....~ ..::....., '! i -.,0" l..~"- ,.".-,.,-., I ~ ~ I 1_,-;; 'i.1 I! I,f 'I Ip I! II II ~~llll ~ ! n "! ~.. !l.H .3 JLll I en c o ~ U> .... '" '" o Q. e D.. ~ji II Iii ,1 II' Ii II I, ~~Ijll h5 g~ - og~ .5 g !!:::!!!! lun ~ i-a-- i. fiel" 3' A.~~.tI~ II' I I C'I ~ m - c:s:,- - en CD > .. ca c: ... CD ::: c:s:, . J!J c: CD E ~ 2 . . . Council Agenda - 8/22/05 16. Consideration of Acceptifil! the Feasibility Studv and Authorize the Preparation of Plans and Spccifications to Extend Utilities to the Hidden Forest and Sunset Rid!!c Developments (City of Monticello Proiect No. 2005-03C) (WSB) A. REFERENCE AND BACKGROUND: The Hidden Forest and Sunset Ridge developments are two proposed individually owned and connected plats consisting of 173 acres located just outside of the east City boundary, adjacent to the recently constructed Sunset Ponds development. These projects propose to develop 249 unattached units (single-family homes). This property is proposed to be jointly developed by Mark Wolston and Brad Pauman. The City Council has already approved the preliminary plat for the Hidden Forest development subject to comments by City statI. Since this development is outside the east City limits, extension of sanitary sewer and water systems to serve the site has been evaluated, as well as eval uation of a storm water outlet for the area as it is associated with providing a new outlet to Ditch 33. Two lift stations are proposed to serve the developments with a forcemain to extend along the south side ofCSAII 39 and connect to the 12-inch sanitary sewer at River Mill Drive. There are several options to route the sanitary sewer through the developments and are identified in the feasibility report as the following: Alternate 1: Construct one lift station (Lift Station #1) adjacent to CSAH 39 to serve the developments. This results in a majority of the sewer being over 40 feet deep. Alternate 2: Construct two lift stations to serve the developments. This includes: . Abandoning the Sunset Ponds lift station Routing the sanitary sewer serving Sunset Ponds to Lift Station #2 within the Sunset Ridge development Extending the forcemain along Haug Avenue and 95th Street to the Gillard A venue system. The Gillard A venue system does not have enough capacity to serve future development for the properties adjacent to the subject development. . . . Alternate 2a: Construct two lift stations to serve the developments. This includes: . Keeping the Sunset Ponds lift station operational Extending the forcemain from Lift Station #2 along Haug Avenue and 95th Street to be combined with the existing forcemain from the Sunset Ponds lift station, which discharges into the Gillard Avenue system. The Gillard A venue system does not have enough capacity to serve future development for the properties adjacent to the subject development. . . Alternate 3: Construct two lift stations to serve the developments. This includes: . Extending the forcemain from Lift Station #2 within the Sunset Ridge development to a point where it can discharge into the gravity system to Lift Station # I. F: ',<1<1\1 "K' ,"''i'"!o,-,,''' _"'115 ( '''11I,,';/ .I:-:~II"" ,.,' "K ll- lOll j ,,,- _'.'-051 f i<.lcI""I,'''!'''.''I.\II''-'~ III i,(,-,C'A "'-"l" JCemF.p do, lto-~'--\\ v:"'( " ~ l Council Agenda - 8/22/05 Twelve-inch watermain is proposed to extend along the south side ofCSAH 39 to Gillard Avenue in order to provide a looped system through the developments. There is limited space to construct the forcemain and watermain along the south side of CSAH 39 due to several private utilities, existing properties, and the existing right-of-way. We have evaluated costs to directional bore these utilities, using HOPE (high density polyethylene pipe) and OJP (ductile iron pipe) as well as open-cutting a trench to construct the utilities. A 48-inch diameter storm sewer pipe is proposed to extend across CSAH 39 and outlet to the Mississippi River. Below is a summary of project costs for each utility improvement: All #1 All #2 All #2a AIL #3 Water Main Storm Sewer o inion of Cost (Table B I) (Table B2) (Table B3) (Table B4) Crable B5) (Table B6) Open Cut - DIP (Along CSAH 39) $576,550 $1,057,720 $874,990 $671,720 5251,550 $357,830 Directional Drill - DIP (Along CSAH 39) $693,410 $1,174,580 $991,850 $788,580 $490,410 Directional Drill - HDPE (Along CSAH 39) $360,930 $842,100 $659,370 $456,100 $309,830 [he project costs to extend these utilities to serve the development and construct the lift stations are to be funded solely by the developers. The project costs do not include utility improvements within the developments, as those would be designed and constructed by the developers. The project costs do not include any easement acquisition costs. B. ALTERNATIVE ACTIONS: I. Accept the feasibility study and authorize plans and specifications for providing utility service (Sanitary Sewer Alternate I - open cut or directional bore (OJP or HOPE) to the Hidden Forest and Sunset Ridge developments subject to the developer providing the necessary funds. 2. Accept the feasibility study and authorize plans and specifications for providing utility service {Sanitary Sewer Alternate 2 - open cut or directional bore (DIP or HOPE) to the Hidden Forest and Sunset Ridge developments subject to the developer providing the necessary funds. 3. Accept the feasibility study and authorize plans and specifications for providing utility service (Sanitary Sewer Alternate 2a - open cut or directional bore (DIP or HOPE) to the Hidden Forest and Sunset Ridge developments subject to the developer providing the necessary funds. 4. Accept the feasibility study and authorize plans and specifications for providing utility service (Sanitary Sewer Alternate 3 - open cut or directional bore (OIP or HOPE) to the Hidden Forest and Sunset Ridge developments subject to the developer providing the necessary funds. (' './ J'!WIIIWI.' <II1(1.\d!illg.\'I"'/O"i1..~I'",,'sill):er,( '1'1.",:"/ S<,lli"".>1 i~ml'()rwy f!!!em':l FiI.:.,',OIKAI.-J(;,y !!M_HidJ..nhJl-,'sISIItI.,,,liIh!,,,,An:<'f'lhmsll.l'l_IIIC:!05 tf,;, \ 1.0 - d.. '-\8 <J"'-'<~ . . . Council Agenda - 8/22/05 5. Do not accept the feasibility study and do not authorize the preparation of plans and specifications at this time. C. STAFF RECOMMENDATION: It is the recommendation of the City Engineer and Public Work Director to select Alternative No.4 with Sanitary Sewer Alternate 3 - open cut. City staff is working with the developers to prepare an agreement on fees and schedule for the project which will need to be in place prior to approving the plans. If the developers provide the plan deposit, the City can proceed with that portion of the project. D. SUPPORTING DATA: Feasibility Report ( . '/l'H:"""'IiI.' ami Sdli,,~' ,dmm,g/'f!.<-,illg'''-,( '!II.(x,,1 ,\e/lill);.\', 't''''fJ('W!T IIIIt'rJlel Fil~."'( IfJ.:r!'.-1f ;.V 11;H_I/i(.kI""h-'I','sISIIll.",1I<i'~,,c.-kL"c'/Jlh,<!.\I'I'I-( )81]f.I5.d", \ to-d"-\.~ . . . Council Agenda - 08/22/05 17. Consideration of a request for a Conditional Use Permit for a Development Sta!!e Planned Unit Development, and Preliminarv Plat for Hi!!hland Villas (formerlv known as Monte Club Villas. Applicant: L&G. LLC. (NAC) A. REFERENCE AND BACKGROUND The applicants have proposed a 26 unit detached townhouse project that would replace the Monte Club restaurant and develop the north side of the Monte Club hill. The City Council approved the concept plan for this site with the condition that the applicants adhere to the City's standard cash park contribution. The proposed plan shows 19 units accessing a new private street from the upper area, and 7 additional units accessing a separate private strect down the hill to the north. The applicants have provided a standard building plan that will be used for each of the 26 units in the project. The details of the Development Stage plan reflect the previous Concept Stage approval with regard to layout and dimensions. The buildings would be setback just 20 feet from the curb in thc narrowest dimension, but rely on side-loaded garages and shared driveways to avoid direct driveway access and garage door exposure. In the upper section, the plan includes 25 visitor parking spaces to handle guests who cannot park in the drivcways when visiting residents of the project. The lower section does not include visitor parking. Staff would recommend that the private road be constructed at least 28 feet in width to accommodate one-side on-street parking for guests and visitors. Although thc buildings will not be built with garage doors facing the street, thc plans show that the garage wall wi II include windows, stone, and shake siding. These materials are an important component of the PUD submission. The plans show buildings with shallow-sloped roofs in the "Prairie" style, broad overhangs, tapered columns typical of "craftsman" style housing, and horizontal lapped siding on the lower levels. The plans dated 7/26/05 should be incorporated into any approval. The grading plan indicates extensive retaining wall construction to support the design of the project. Each of the two tiers will require twin sets of retaining walls that are approximately 8 feet in height for each wall, sixteen feet in height for each of the two tiers. The grading of the site will eliminate all of the existing tree cover on this portion of the hillside. No information has been submitted with these plans as to the design of the wall. The applieants have indicated that they are working with a concrete block manufacturer on the design and color of the wall units. This material would commonly be submitted as a part of a development stage PUD application. The wall material should be consistent with the house siding stone. It has been a goal of the City to develop a trail corridor through the site connecting the Fenning Avenue trail with the Watertower Park. The grading plan remains a work in progress which limits staff ability to provide Planning Commission and City Council with assurance that the design of the PUD will compliment trail and park requirements. Approval of this PUD should therefore be conditioned on development of a grading plan that supports achievement of pathway and park development goals for the area. , l _d-S>O Council Agenda - 08/22/05 . The applicants have submitted a landscaping plan that shows overstory plantings on the site, as well as shrub plantings along the wall sections. Tbere are no individual unit landscaping plans included with the package. Moreover, the plans do not include sizing of material. The planting along the wall sections is sparse from an overstory tree standpoint. with ornamental crabapples spaced nearly 60 feet apart, and no tree plantings below the lower wall. In addition, the only overstory tree specified is Sugar Maple - this in an area where dozens of mature native oaks are being removed. Planning staff believes that in addition to being significantly underplanted given the extensive grading and wall building, the plant selection should be given much more thought. A project of this profile and value, as represented by the applicants, deserves a much more extensive landscaping treatment that has been provided for. B. ALTERNATIVE ACTIONS Decision 1: Development Stage Planned Unit Development and Preliminary Plat for Monte Club Villas I. Motion to recommend approval of the Development Stage PUD and Preliminary Plat for 26 units as proposed by the developer, subject to normal park dedication with conditions that thc applicant provide more detailed information relating to landscaping, wall construction, and other specifics, and tbat the street width is increased to accommodate on-street parking in the northern section. . 2. Motion to deny the Development Stage PUD and Preliminary Plat, based on a finding that thc existing land use designations of Commercial and Medium Density Residential should be retained. 3. Motion to table action on the Development Stage PUD and Preliminary Plat, based on lack of information to justify approval of a PUD. C. STAFF RECOMMENDATION The plans as submitted are engineered, but the design development required of Planned Unit Development at the Development Stage of approvals is not met. The Development Stage PUD constitutes the approved Conditional Use Permit - the applicant and the City need to understand all of the conditions that will apply to the project so the City can justify the flexibility offered by PUD, and the applicant can factor in all of the City's requirements into their final plans. That level of detail is not present with these plans. As such, planning staff recommends tabling action on the project. Also, due to recent revisions to site plans, staff have not been allowed time to complete a thorough review of engineering documents for the preliminary plat. . It has been in pushing PUD projects through prior to a complete and detail submittal package that the City has ended up with projects that do not meet its standards. 'Nbile this project promises to be of higher quality than many others, the detail in the plans has not becn provided at this point. Moreover, due to the extreme impact on the landscape resulting from this project, the City should understand the grading, wall construction, and landscaping prior to any binding approval. ~ l - ;)5 \ . . . Council Agenda - 08/22/05 If the City plans to approve the project at this time, conditions should be added relative to submission of more detailed landscaping plans, information on the wall construction, and the ability to complete a thorough engineering review of grading, drainage and utilities. The Planning Commission and City Council may also want to make a recommendation directing statT and/or the developer to outline community awareness measures regarding this project. StatTbelieves that the initial visual impact on one of the community's landmarks may generate significant comment from thc public. 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" " r"RCP IE 1044.J ~ <478.59 N OJ.oo'43" 412.50 NOO'09'47-W r ' r , , , , , , I --::-I I I r----T-~I 'I' , , II \\ -. c \ +Sp , , , I , , I \ ~ ..., "I l , , , , L " " I 0,1 l ,I i ~\ J iii ~ , II ..1 --.J-.d...j '" ~ l SOI"OI'27"W .'2.50 '\ '\ \ ;:- ~-'\ 0_ \ ~ " '" ~, ))I~. "'....0 " \: "I, -1>"%&. , ^", ~ '\ . I.- ~ il S 00'09'47" ~ .78.59 ~ "N CI 00- "~ .c > oo~ r; F ~~> r < 'tI-o?: ~ ;;~ . z ~ II' > 0 ~~~ ~ ; ~ < ~ < ^ V " ~ < - ~ NN~ > ~ 0.0.:0: , ~ >" ~ ~ Z 0 O~ ~ 0 I'i 0 ~- > o 6"PVC '" 0 k c: ;; 0 -; l> z 8\ ~ . . ,; '" ~. ~ . 11 ~ ~ ~ ~~ !I . j. ~ II i --- ~ 1 1 I r i i i """-"'/",- -,- 1 1 .1 PROVIDE ROCK CONSTRUCTION ENTRANCE NE -::I ~ PROVIDE ROCK CONSTRUCTION ENTRANCE FENNiNG AVE. 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I ii /~ll~~~'\ ~)! ,I ~ Ii ~~ ;0...' ;:,t)1 ~." \ ~"[ [ .r~ 'tlt -v lJ.l!l .J\\ I ~. ) I ~ . . kQ . ~,;;;,,~::31 I AfO J -I ~ a~~, ~ I 1-c"~K~!\..J&Il.--- I \. / ~ I b'~U ,~-- _ ~ -=~r~'< ,~~ e '--_ . . --'T' . ,WL", i 8 ~_.l- I' --=!~:llrL... - ~~- ~~~. ".f")rI";f, o!j, 7"_ . .-: 0 0 '~1-= IhI~ ' ,..,~: _ ? lJ=0-~. "C 1!~1'if~) Cj-~ 1 rr d~ ~ ~ J ~,~I-~~---~~~ [): i~~~diivt:~. II ,,~~)__~~~~: L>r_ V.\ 'n / QI;. I "L "t.A L1 I ff-"" "'-_ .-c '" ilMJ I . ,J.,. Council Agenda - 08/22/05 . 18. Consideration of a request for a Comprehensive Plan Amendment and Rezonine: from A-O to R-l, Sine:le Familv Residential for Hie:hland Villas (formerlv known as Monte Club Villas). Applicant: L&G, LLC. (NAC) A. REFERENCE AND BACKGROUND The applicants for Monte Club Villas are seeking, in conjunction with their application for Development Stage PUD and Preliminary Plat, a Comprehensive Plan Amendment and rezoning to accommodate the proposed uses. The current Comprehensive Plan designation for the property is commercial on thc south (upper) portion, and medium density residential on the north (lower) portion. The proposed land use is for low-density residential. The project is approximately 2 units per acres, under the City's 3 unit per acre threshold definition for low density. The proposed lower density is consistent with surrounding land uses, including medium density to the north, park and open space to the east, low density to the south, and future low density to the west. The revised land use should result in a lower demand on public services, such as sewer and water, as compared to the current land use designation. . The zoning to R -I is supported by both the density and the development plan for the site. Although the units will be a part of an association, the lots sizes average morc than 11,300 square feet per unit, and the overall density, exclusive of roadways, is approximately 12,800 square feet pcr unit, more than the City's R-1 zoning standard of 12,000. The pun is utilized in this scenario to grant flexibility from the strict R-I zoning standards, and provide for the typical lot widths of 60 feet. B. ALTERNATIVE ACTIONS Decision 1: Comprehensive Plan Amendment and Rezoning to Low Density Residential and R-l Single Family Residential. I. Motion to recommend approval of the Comprehensive Plan Amendment to Low Density Residential and the rezoning to R-I, Single Family Residential, based on a finding that the proposed land use and zoning designation are consistent with the surrounding land uses, and will reduce the demand for services from the existing land use plan. 2. Motion to recommend denial of the Comprehensive Plan Amendment to Low Density Residential and rezoning to R-I, based on a finding that the plan is inconsistent with the goals ofthc Comprehensive Plan for the area, including the impact on the Monte Club Hill. C. STAFF RECOMMENDATION r Staff recommends approval of Alternative 1, subject to the City's finding that the proposed Development Stage PUD meets the expectations of City officials. \ ~ -~lc;) - '" '" 0)> C :0: g en CDn '-<~ , '" '0 ......00 0 0 >-l ~ 0 "' ,-<tJ'H '" )> ~ CD)> ,Q~ .... , " ......n m '" '-< " ton OJ,, '" Ol '" 00 00 W" 0 , 0 en ~~ ~C 0 H c: .... ~n '" tJ '" en cl ",.,. , n 00 " ~- to " "' 0 w ~- 0'0 ~ --J 0 ..)> 00 0 ~ "'"' n.. )> tJ '" -J)> 0 ...... ~ .... ..OJ 0'0 '" '" or-< "'~- 0 "'Ol en n '" 00 :I: n "' 0 '" n :;: 0 '" :;: n " 00 "' i 00 3 Z n '" cl :r '" ...... "' " " .... ~ 0- ~- '" C ~ ...... .... " 0 en " '" ~ 0 '" :I: )> ZO ...... 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