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City Council Agenda Packet 12-12-2005 ~ Mayor: AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday December 12,2005 - 7 p.m. Clint Herbst Council Members: I. 2, " j, 4, 5, A, B, " g @ E, F, G, H. 6) ~~D It K, Glen Posusta, Wayne Mayer, Tom Perrault and Brian Stumpf. Call to Order and Pledge of Allegiance, Approve minutes November 28, 2005 regular Council meeting, 1.~/) II} d l r- ----ffm1.''1 "iff v.lf.. c.- ~/-ou-Il "'t>.~1 Consideration of adding items to the agenda"c CeJJ. {c.....e.. ~ ' < - cCoset ~ f:-~""( IV Citizen comments, petitions, requests and complaints, Consent agenda: Consideration of approving hires and departures, Consideration of approving transfers for 2005, Consideration of approving final budget and tax levy for 2006, Consideration to approve an amendment to the Monticello Zoning Ordinance for setbacks in the I-I (Light Industrial) and 1-2 (Heavy Industrial) zoning districts, Applicant: City of Monticello, Consideration to approve a request for an interim use permit for the relocation of a billboard within the River Street right-of-way, Applicant: City of Monticello, Consideration of approving liquor providers for the MCC. Consideration of approving Change Order # I - Monticello Library Expansion, Consideration to approve ratification of the Fourth Amendment to the License Agreement between the HRA, City and Rocky Mtn, Group, LLC. Consideration to adopt a resolution requesting designation of the Monticello EDA as a local development organization, Consideration to approve proposed modifications to the Monticello EDA-GMEF Guidelines, Consideration to adopt a resolution calling for a public hearing by the City Council on the proposed Modification to the TIF Plan for TIF District No, 1-6, a Redevelopment District. (Raindance). . '=- Agenda Monticello City Council December 12,2005 Page 2 L. Approval of authorizing bids on Request for Proposal for fiber optic possibilities within the City of Monticello. M. Consideration of approving final payment and accepting improvements for the Locust Street, Walnut Street and Cedar Street Parking Improvements, City Project No. 2002- 7C. \\~\o(, @ . . Consideration of approving Change Order No.2 to the Meadow Oak A venue/CSAH 18/CSAH 39 Intersection Improvements. O. Consideration of approving Change Order No. I to School Boulevard Extension, City Project No. 2005-2C. P. Consideration of approving street and utility maintenance responsibilities for Sunset Ponds 2"' Addition, Spirit Hills Townhomes, Hillside Farms 2'" Addition, Hunters Crossing and Nathan Court. Q f9 I!J1 T. u. @ W. (3 Y. Consideration of a request for development stage PUD for a retail/commercial development on Monticello Travel Center 2"d Addition. Applicant: Mielke/Loch Retail Development. Consideration to approve a request for a preliminary plan and an amendment to the PUD for Poplar Hill, a 298 unit single family residential development. Applicant: Insignia Development. Consideration of purchase by quit claim deed land needed to re-align Otter Creek Road at CSAH 75. Consideration of contract renewal with PSG for WWTP operations. Consideration of increase in sewer and water user rates. Consideration of switching from three stackable recycling bins to a larger single bin. Consideration of granting a license allowing for a building encroachment to remain - Marian Johnson Estate (Maple Street). Consideration to approve a detached accessory structure in an R-4 District. Applicant: Kjellberg's Inc. Consideration of approving Change Order #1 on the CSAH 18/1-94 Interchange, City Project No. 2004-1 C. 6. Consideration of items removed from the consent agenda for discussion. Agenda Monticello City Council December 12, 2005 Page 3 tt 7. Public Hearing - Continued hearing on appeal of a variance for a secondary driveway in an R -1 zoning district. 8. Consideration of approving a conditional use permit for 896 sq. ft. detached accessory structure in an R -1 Zoning District. Applicant; Richard Bastien Central Masonry and Concrete. 9. 10. 11. 12. 13. 14. . 15. 16. . Review and consideration of approving snow removal plan. Consideration of salary schedule adjustments for 2006. Consideration of salary schedule adjustment based on comparative data. Consideration of options on Kingbay property purchase. Review ofbiosolids manufacturers presentation and consideration of further research. Review status of Kjellberg West garbage pickup agreement. Consideration of adjustments to utility trunk fee programs including an increase in fees. Review of update of feasibility report on Core Street Reconstruction Program, considering scope of work for 2006 and call for a public 17. Consideration of authorizing staffto prepare options for relocation of Deputy Registrar's Office. 18. Consideration of approving bills for December. 19. Adjourn . . . MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday November 28, 2005 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf Members Absent: None 1. Call to Order and Pledl!e of Allel!iance. Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. ADvrove minutes November 14.2005 rel!ular Council meetinl!. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 14, 2005 REGULAR COu~CIL MEETING AS PRESENTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. ADvrove minutes of the November 14. 2005 AUAR Review. WAYNE MAYER :>.10VED TO APPROVE THE MINUTES OF THE NOVEMBER 14. 2005 AUAR REVIEW FOR HERITAGE DEVELOPMENT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of addinl! items to the al!enda. Wayne Mayer added an update on the A VR billboard relocation. Clint Herbst added to the agenda discussion of the Building Department and City Engineer position. Glen Posusta added update on the sign for TE 25 and Dundas Road. Jeff 0' Neill added a presentation of the material that was presented at the IDC banquet. Brian Stumpf asked that agenda item #11, Rezoning for Carlisle Village 4th Addition be added to the consent agenda as item #5G. 4. Citizen comments. vetitions. reauests and comvlaints. A representative trom the Wright County Sheriffs Department was present to address any questions or concerns the Council had relating to law enforcement issues. Carrie McDougall, 101 Hillcrest Circle asked if the Council could move up discussion on the item relating to outside storage of commercial vehicles. A resident also requested that the snowfencing in place along County Road 117 (Edmonson Avenue) be moved as it creates drifting problems and is a safety hazard since the fence sits right on the edge of the asphalt. Bret Weiss, consulting engineer, will check into this. 1 L.\ I . . . Council Minutes: 11/28/05 5. Consent a!!enda: A. Consideration of approving hires and departures. Recommendation: Ratify hires and departures as identified. B. Consideration of approval to open Redford Lane to traffic. Recommendation: Accept recommendation to open Redford Lane to traffic. C. REMOVED FROM AGENDA D. Consideration of approving Change Order #1 to Hillside Farms Storm Sewer Outlet, City Project No. 2004-7C. Recommendation: Approve Change Order #1 to the Hillside Farms Storm Sewer Outlet Project No. 2004-7C in the amount of$2, 105.60 to Schluender Construction, Inc. E. Consideration of approving transfer of on-sale intoxicating liquor and Sunday liquor license to TDDC, LLC dba Jala Penos. Recommendation: Approve the transfer of the off-sale and Sunday liquor license with 2 a.m. closing time to TDDe. LLC dba Jala Penos contingent upon payment of fees and submittal of certificate of insurance. F. Consideration of approving Supplemental Agreement #1 for CSAH 18/1-94 Interchange Project No. 2004-1 C. Recommendation: Approve Supplemental Agrccment No. I for CSAH 18/1-94 Interchange Project, City Project No. 2004-1 C with revised provisions for Special Provisions S-23.2 and S-24.6 G. Consideration of a request for rezoning from AO to R-I A for the plat of Carlisle Village 4'" Addition. Recommendation: Approve the request for rezoning from AO to R-IA for the plat of Carlisle Village 4'" Addition. Wayne Mayer asked that item #5B be removed for discussion. TOM PERRAULT MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOV AL OF #5B AI\D THE ADDITION OF #11 AS ITEM #5G. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent a!!enda for discussion. #5B Opening Redford Lane to Traffic: City Engineer, Bruce Westby explained that a resident from Redford Lane brought this issue up. The resident indicated that the children on the street had to walk down to Hayward Court to catch the bus because the bus will not go down Redford Lane unless there is a turnaround. Wayne Mayer asked if the bus driver quit going down Redford Lane because there is no longer a cul-de-sac, if so, he felt the school district was thc appropriate party for the resident to contact. John Simola stated the temporary cul-de-sac was removed and to turn around now the bus would have to go down to School Boulevard which is about 500' further. Wayne Mayer asked if the school was waiting 2 5 . . . Council Minutes: ] 1/28/05 for the City to give the okay. John Simola indicated the City has not been in contact with the school on this matter. WAYNE MAYER MOVED TO ACCEPT THE RECOMMENDATION OF CITY STAFF TO OPEN THE WEST END OF SCHOOL BOULEVARD WHERE IT MEETS REDFORD LANE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Public Hearilll.! on the issuance of Revenue Notes - Monticello Ice Arena City Administrator, Rick Wolfsteller, stated he thought representatives of the MYHA would be in attendance to make a presentation on the issuance of the notes. Rick W olfsteller stated this is the financial proposal for the MYHA. Since the City is one of the parties to agreement it is necessary to go through these steps in order for the MYHA to get the financing. The City had done similar types of revenue notes for facilities such as St. Benedict's elderly care facility, Mississippi Shores, and industrial bonds for various entities. The City is not financially obligated for any of the payments but the City's backing allows for a lower interest rate. Tom Perrault asked who would be liable if any payments were missed. Julie Eddington from Kennedy & Graven stated the borrower (the ice arena and MYHA) would be liable. Ifthere is a default the lien would go against thc ice arena and would take priority over thc City and School District's interest. Wayne Mayer said he hoped that by supporting this, the City could get some good hours for skating from the ice arena. Mayor Herbst opened the public hearing. No one spoke for or against the issuance of revenue notes for the ice arena. Mayor Herbst then closed the public hearing. BRIAN STUMPF MOVED TO ADOPT THE RESOLUTION AUTHORIZING THE ISSUANCE OF REVENUE NOTES FOR THE MONTICELLO ICE ARENA. GLEN POSUST A SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Consideration of amendment #2 to the recreational a!!:reement - Monticello Ice Arena City Administrator, Rick Wolfsteller provided background on this item noting it was part of the previous item. The MYHA needed to amend the agreemcnt to clarify which bank was purchasing the notes. None of the changes in the amendment will affect the City financially. The City is one of three partics to the agreement and the City nceds to sign off on the amendment. Clint llerbst stated thc City has gone above and beyond to make this venture work but he is disappointed in the hours the City has received as far as ice time. Glen Posusta asked if something could be put in writing so this issue would not be forgotten come fall when the ice time is allocated. Clint Herbst stated they have met with ice arena representatives to try to work out more consistent hours. The Council directcd Rick \Volfstcller to send a lettcr " -' <0 . . . Council Minutes: 11/28/05 stating the City's concern about ice time. WAYNE MAYER MOVED TO APPROVE AMENDMENT #2 TO THE RECREATIONAL AGREEMENT BETWEEN THE SCHOOL, CITY AND MYHA AS PROPOSED WITH A LETTER TO BE SENT CITING THE CITY'S CONCERNS ABOUT ICE TIME. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Public Hearilll! - Continued hearin!!: on anneal of a variance for a secondarv drivewav in an R-l zonin!!: district. Wayne Mayer asked how many times the City goes through this procedure before the applicant is required to start over. Jeff O'Neill stated the property owner has requested that the public hearing on the appeal of the variance be continued. WAYNE MA YER MOVED TO CONTINUE THE HEARING ON THE APPEAL OF A VARIANCE FOR A SECONDARY DRIVEWAY IN AN R-I ZONING DISTRICT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of alJDrovin!!: a conditional use nermit for 896 Sll. ft. detached accessory structure in an R-l Zonin!!: District. Annlicant: Richard Bastien Central Masonrv and Concrete. TOM PERRAULT MOVED TO TABLE ACTION ON THE CONDITIONAL USE PERMIT FOR A 896 SQ. FT. DETACHED ACCESSORY STRUCTURE IN AN R-l ZONING DISTRICT. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Consideration of a relluest for rezonin!!: from AO to RolA for the nlat of Carlisle Villa!!:e 4th Addition. Added to consent agenda as #5G with the recommendation to approve the change in zoning from AO to R-1A. 12. Consideration of amendment to the Monticello Zonin!!: Ordinance re!!:ardin!!: the re!!:ulation and outdoor stora!!:e of commercial vehicles. Annlicant: City of Monticello. The ordinance amendment being considered by the Council was the same amendment that had been approved by the Planning Commission in September 2005 but tabled by the Council. Basically the ordinance prohibits commercial vehicles from being on residential property and prohibits race cars on residential property. City Attorney, Tom Scott said if the Council decides to adopt the ordinance one change he would recommend is a change in the definition of a race car. He felt the definition might be clarified by adding "a vehiclc stored in an open trailer". He noted the ordinance amends other sections of the ordinance so the ordinance is consistent throughout that commercial vehicles and race ears are not allowed in rcsidential areas. 4 -, . Council Minutes: 11/28/05 Brian Stumpf stated his concerns about the City's ability to enforce the ordinance amendment and asked where non-commercial vehicles fall in this. Tom Scott said the ordinance deals just with commercial vehicles and not recreational vehicles such as motor homes, etc. Brian Stumpf stated he did not like the vagueness of the ordinance and questioncd whether it was enforceable. He also felt that the City was singling out things that they shouldn't. Clint Hcrbst felt this ordinance was long overdue and cited the many calls he had received about dump trucks and other commercial vehicles parked in residential areas. He felt this type of vehicle should be located in a commercial area. Wayne Mayer asked Paulette Conroy about her previous statements that real estate agents and prospective buyers indicated that the presence of the race cars and dump truck negatively impacted the sale of their property. Paulette Conroy stated that she had contacted the prospcctive buyers and they had told her that while they liked the house their reservations about the neighborhood kept them from purchasing it. Clint Herbst noted that the issue is bigger than just the impact on this particular property. . Clint Herbst stated he and Wayne Mayer had talked with Wright County. The County said if the City is going to clean things up in the City this ordinance would be a primary step in that direction. Clint Herbst felt if the City doesn't take care of the problem early on it will only gets worse. Tom Perrault stated that while he preferred that this kind item be covered by covenants hc realized that it can't be done after the fact. Carrie McDougall, 101 Hillcrest Circle, questioned how the City can lump commercial and rccreational vehicles together. City Attorney Tom Scott stated under the definition of a race car, if the vehicle is licensed and operable then it is not considered a race ear. By operable it means that the vehicle has all the equipment needed to legally operate on public streets. Tom Scott reiterated that if the vehicle is licensed and operable it would not meet the definition of a race car. Lee McDougall, 10] Hillcrest Circle, asked about snowmobiles operating on the street. He stated the race car is a recreational vehicle just as the snowmobile is. Glen Posusta stated that when people infringe on the rights of other, the City may need to step in to take action. Clint Herbst stated that storage of this type of vehicle would eliminate the concern. Carrie McDougall responded that the City is discriminating against certain individuals. She asked if fifth wheels and campers were included in this. The Council indicated they are not. . Bill Howe, 2722 Oakview Lanc stated his concern is what is being considered a commercial vehicle. He drives a one ton van and asked how that fits into the proposed ordinance. Tom Scott stated the ordinance definition includes a height of 8' and a length of] 6' and asked if the 5 ~ . . . Council Minutes: 11/28/05 van exceeded those dimensions. Mr. Howe indicated it did. Mr. Howe felt what the City was after were the semis and dump trucks and perhaps need to refine the ordinance language to exclude service vans. Clint Herbst felt if commercial vehicles are in a residential area they should be stored in the garage not parked on the street. Jeff Christen, 1505 Oak Ridge Avenue agreed with Brian Stumpf that the City was getting into an area they shouldn't. While he didn't have any commercial vehicles on his property there were others in the neighborhood and he didn't have a problem with them being there. There was some discussion on the 8' height and 22' length referenced in the ordinance. Tom Scott stated those were standard dimensions that he found in other ordinances. If the Council wanted to exclude certain vehicle types such as service vans, from the ordinance, they could change the vehicle dimensions, Clint Herbst felt if the dimensions were 9' and 26' that would exclude cargo vans and similar type vehicles. Wayne Mayer asked if the ordinance was approved, would it be enforceable, Tom Scott said yes, CLINT HERBST MOVED TO ADOPT THE PROPOSED ORDINANCE AMENDMENT WITH CHANGES IN THE HEIGHT AND LENGTH FOR COMMERCIAL VEHICLES TO 9' AND 26' AND WITH RACE CARS NOT ALLOWED TO BE STORED ON AN OPEN TRAILER. Wayne Mayer asked if the ordinance will give the Wright County Sheriffs Department the authority to take action against vehicles that are inoperable. Tom Scott said inoperable vehicles are covered under a different ordinance, Tom Scott added that it was his position that there would not be any grandfathering rights if the ordinance is adopted. MOTION DIED FOR A LACK OF SECOND, GLEN POSUST A MOVED TO APPROVE THE PROPOSED ORDINANCE AMENDMENT INCLUDING CHANGES IN THE HEIGHT AND LENGTH FOR COMMERCIAL VEHICLES TO 9' AND 26' AND REQUIRING RACE CARS BE STORED ON AN ENCLOSED TRAILER, CLINT HERBST SECONDED THE MOTION. UPON VOTE BEING TAKEN, CLINT HERBST AND GLEN POSUSTA VOTED IN FA VOR THEREOF AND TOM PERRAULT, BRIAN STUMPF AND WAYNE MAYER VOTING AGAINST. MOTION FAILED. 13. Consideration of reQuest bv Swan River Charter School for City payment for eeneral public use of plaveround. This item came up at the previous Council meeting with the request by the Swan River Charter School to havc the City pick up the cost of insurance for the playground in exchange for limited public use ofthc facility, It was pointed out at thc last meeting that the City cannot provide insurance coverage for property the City does not own. If the City opts to 6 Q Council Minutes: 11/28/05 . provide assistance to the school it could be done as an agreement by which the City pays a fee for the public use of the playground, The concern was that a precedent could be set wherein other entities would charge the City for the public use of their facilities, BRIAN STUMPF MOVED TO DENY THE REQUEST BY SWAN RIVER CHARTER SCHOOL FOR CITY ASSISTANCE IN EXCHANGE FOR USE OF THE PLAYGROUND, TOM PERRAULT SECONDED THE MOTION, MOTION CARRIED UNANIMOUSLY. Added Items: . A VR Billboard Signs: Wayne Mayer wanted an update on the billboard relocation. It was initially proposed that the westerly billboard be relocated in the area of the ballfields. The location for the middle billboard was no longer acceptable to Lamar Signs. Jeff O'Neill noted that the sign was 200' further away plus there was a change in the elevation. Jeff O'Neill offered to extend the term of the sign lease but Lamar Sign was not in favor of that. Some other possible sites were discussed including the Fallon A venue site. It was noted that the City has not talked to the property owners regarding the site and there were also some questions relating to where utilities existed on this site. The City is trying to find alternative sites on city owned land so that the City could retain the lease revenue from the signs. Glen posusta asked about the land along 7'h Street (Outlot A, Country Club Manor) He felt it would be a good site since it is not anticipated that 7'h Street would be going in any time soon, There are currently four signs on the outlot which are on a year to year lease, including one sign owned by Lamar Signs. The three signs on the A VR site are long term leases and are currently in the second year of a fifteen year lease. Rick W olfsteller informed the Council that even though the signs on Outlot A are on a year to year lease, the City is required to give 60 days notice of any termination and he also felt the City would need to evaluate whether they want to replace a sign having a one year lease with a sign that has a long term lease, City staff will do further review and bring options back to the Council. TH 25/Dundas Road Sign: Bret Weiss reported that MnDOT had promised the City a sign at this location and that they would be installing the sign. He will contact MnDOT and check on the status of this. City Engineer: Clint Herbst stated his expectations was that the City Engineer was going to report to the City Administrator and not to the Community Development Director. Clint Herbst felt the City Engineer should be making the call on who sits in on project and development meetings and when. Wayne Mayer agreed it was time to empower the City Engineer. Jeff O'Neill stated that because of the intense development activity taking place in the City he felt it was important that the City Engineer work closely on that and for that reason should be under his supervision but he added that it was not out of the ordinary for the City Engineer to be under the supervision of the City Administrator ' . Building Department: Clint Herbst stated that when the Council adopted a policy restricting certain positions within the City from doing like work for another municipality a deadline was given of December 31,2005 for anyone in the identified positions to cease the outside employment. Only one employee was identified as working for another municipality and Clint Herbst questioned whether 7 \0 - . . . Council Minutes: 11/28/05 this employee had given any indication to his supervisor as to what he intends to do with the outside employment. Rick Wo]fsteller indicated that as ofthis date the employee has not given any indication of his intent. Rick W olfsteller added that if the employee decides to leave, the personnel policy only requires a two week notice. Clint Herbst stated his concern is if that happens there is a limited time to fill the position and he didn't think two weeks was sufficient time. He questioned whether there were steps the Council could take to prepare for the possibility of the employee leaving such as reviewing the job descriptions or going over applications that were received when the previous building inspector's position was filled. Glen Posusta agreed that the City should look at what steps they could take to prepare for this possibility. The Council suggested that the individual be contacted again to see if he will give any indication on what he intends to do. Tom Scott said since the Council doesn't know what is going to happen, the Council could consider the contingency that the position would be open as of 1/1/06.. He felt it would be okay to start the process ifin fact there is a violation of the new ordinance after ]/1/06. He stated no decision can be made on hiring until it is known whether or the not the individual is leaving or staying. There was some discussion on the steps to take in preparation of the possibility of having to fill this position in the Building Department. Rick W olfsteller stated that for this position, if it would become vacant, the Council would want to open it to all applicants and current employees. GLEN POSUSTA MOVED TO TAKE STEPS TO PREPARE FOR THE POSSIBILITY OF THE BUILDING OFFICIAL POSlTlON BEING OPEN. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF AND TOM PERRAULT VOTING IN OPPOSITION TOM PERRAULT STATED HE FELT THIS SHOULD BE HANDLED THROUGH THE PERSONNEL COMMITTEE. Review of update presented to IDC: Jeff O'Neill reviewed the information presented to the IDC. He discussed the financial health of the community, improvements made to the transportation system, and commercial and residential development taking place in the City. 14. Consideration of approvinl! bills for November. Wayne Mayer asked about the payment to the YMCA detached worker program. Rick Wolfsteller explained the program and stated that the City had been contributing to this program, which benefits area youth, for a number of years. Council asked if the City Administrator could get information on number of participants in the program trom the Monticello area. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF BILLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8 \\ . . . Council Minutes: I 1/28/05 15. Adiourn BRIAN STUMPF MOVED TO ADJOURN AT 9 P.M. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 9 \'d- . . . SA. A. Council Agenda - 12112/05 Consideration of aoorovin!! new hires and deoartures for MCC and Parks. (RW) REFERENCE AND BACKGROUND: The Council is asked to ratify the hiring and departures of employees that have occurred recently at the MCC and Parks Department.. 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: 1. Ratify the hiring of the employees as identified on the attached list. C. SUPPORTING DATA: Lists of new employees. \~ . NEW EMPLOYEES Name Title Department Hire Date Class Cheever, Olivia Lifeguard MCC 11/21/2005 Part Time Rogosheske, Preston L1feg uard MCC 11/8/2005 Part Time TERMINATING EMPLOYEES Name Reason Department Last Day Class . Geyen, Craig Seasonal Parks 11/18/2005 Temp Schoenborn, Herb Seasonal Parks 10/21/2005 Temp West, Donavan Seasonal Parks 10/18/2005 Temp Bartell, Jerry Seasonal Parks 10/18/2005 Temp . employee councillist.xls: 11/29/2005 S~-\'-\ . . . SB. Council Agenda - l2/]2/05 Consideration of Fund Transfers for 2005. (RW) A. REFERENCE AND BACKGROUND: The Council is asked to approve various fund transfers for the year 2005 to cover deficiencies in various construction funds, transfer of balances remaining from various construction funds to debt service funds that finance projects, along with miscellaneous transfers to correspond with our budget for the year 2005 Most of the transfers are self-explanatory and are necessary to eliminate deficiencies in various construction funds or temporarily provide financing until a future general obligation bond or revenue source can be arranged. Other major transfers from sewer access funds or water access funds are to cover the City's share of various projects that we had planned on paying for by using of these trunk fees. A listing of the individual transfers recommended for approval is included with the agenda that outlines each proposed transfer, dollar amount, and the purpose of the transfer. B. ALTERNATIVE ACTIONS: l. Approve the transfers as recommended. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator that for accounting purposes, the transfers be approved prior to the end of 2005. D. SUPPORTING DATA: List of proposed transfers. \S 2005 RECOMMENDED FUND TRANSFERS . Gen Fund #101 OM Fund #230 $65,000.00 To cover deficiency in funds due to previous annexation costs HRA#213 Various TIF Debt Funds $206,855.00 Annual TIF transfers to cover debt payments Liquor #609 Comm etr Fund #226 $250,000.00 Annual contribution to operations budget WWTP Note Sewer Access Fund #262 #358 $500,000.00 Partial payment - Debt WWfP Note 93-14C \NWTP Expansion To close out Canst Fd and transfer funds to sewer access fd #436 Sewer Access Fund #262 $766,916.16 for future projects Capital Ou11ay #240 96-04C Hwy 25 Impr #450 $48,028.38 To cover deficiency in construction funds and close out 2003-20C Prairie Rd To close out canst Fd and transfer surplus funds to another 2001-7C 71h St Impr. #482 Reconst #492 $10,951.98 canst fd that has a deficiency 2000-18C Cedar St Ipr. To close out canst Fd and transfer surplus funds to another 2002-2C Groveland III #484 #478 $47,060.28 canst fd that has a deficiency 2003~20C Prairie Rd To close out canst Fd and transfer surplus funds to another 2002-2C Groveland 111#484 Reconst #492 $4,237.56 canst fd that has a deficiency 2002-10C Prairie RdfRiver St 2003~20C Prairie Rd To close out completed const fd balance to another Prairie Rd #491 Reconst#492 $11,202.14 project. 2003~20C Prairie Rd Capital Outlay #240 Reconst#492 $4,020.54 To cover remaining deficiency in canst fd that is completed Comm Ctr Fund #226 2000A G.O. Bond #365 $685,000.00 Per budget ~ Comm Ctr debt payment 2005~ 1 C Core St Proj To cover partial project costs for Phase III Core Str Project per Street Reconst Fund #212 Phase III #494 $747,910.00 budget 2005~ 1 C Core St Proj To cover partial project costs for Phase III Core Str Project per . Sewer Access Fund #262 Phase III #494 $21,200.00 budget 2005~1C Core St Proj To cover partial project costs for Phase III Core Str Project per Water Access Fund #265 Phase III #494 $88,360.00 budget 2005-2C School Blvd Ext Water Access Fund #265 #498 $256,73000 To cover partial costs for project thru trunk fees 2005-2C School Blvd Ext Storm Sewer Access Fd #263 #498 $56,700.00 To cover partial costs for project thru trunk fees 2005~5C Meadow Oak Ave Capital Outlay #240 Frontag Rd Ext #486 $43,810.00 To cover partial project costs absorbed by City from CO fund 2005~5C Meadow Oak Ave Water Access Fund #265 Frontag Rd Ext #486 $124,56000 To cover partial costs thru trunk funds per bond schedule 2005~11C Chelsea Rd Water Access Fund #265 &School Blvd #496 532.040.00 To cover partial costs thru trunk funds per bond schedule Capital Outlay #240 Library Expansion Proj #497 $98,798.84 To cover deficiency in construction fund . DAWN\EXCEl\RICK:2D03 Fund Transfers:12/8/20DS S~-\ ~ . . . sc. Council Agenda: 12112/05 Consideration of adontion of 2006 final bndl!:et and tax levv. (RW) A. REFERENCE AND BACKGROUND: The City Council is asked to adopt the final 2006 budget and resulting tax levy proposed in the amount 01'$6,750,000. This final budget and tax levy must be certified to the County Auditor by December 31 ,I and since this is our last scheduled meeting for the year, adoption should take place at this meeting. A Truth in Taxation Hearing is not required by the City this year as we did not increase our levy over the amount collected last year, as a matter of fact, we have actually lowered by $207,000, which exempts us from the public hearing and publication requirements. The final budget summary worksheets and tax levy has been prepared based on direction from the Council at the last two workshops and remains the same as previously approved with a levy of$6,750,000. A couple of minor adjustments were incorporated into the budget since our last workshop session that are related to additional information I obtained regarding an increase in our insurance premiums for liability and property coverages. These changes did not affect the tax levy requirements, but the changes I made are as follows: General Fund: Insurance - + $5,000 Fire Dept Insurance + $85 The $5,085 change was covered by reducing the previously budgeted Coalition of Utility Cities dues by $5,085. Liquor Fund: Insurance - +$180 Water Fund: Insurance - ~$545 Community Center Insurance - $455 The final budget amounts for liquor, water and community center funds were adjusted for these changes but it did not reflect any additional tax levy requirements. Additional market value information that I received recently from the Wright County Assessor's Office confirms the increased values that were projected during our first two workshops. Taxable values for the City of Monticello for taxes payable next year increased 11.6%. This increase in total market values for the City translates into a tax capacity value increase of also 11.6% bringing our tax capacity value to $13,224,144. Normally tax capacity values do not increase at the same rate that our market value increases but because of the elimination of some of the limited market value classifications on older residential properties, we are now seeing the larger rise in tax capacity values also. In regards to our overall tax structure, NSP is now projected to pay around 36% of our overall taxes. dovm from over 40% in 2005 and 44% in 2004. As you can see, NSP's valuation continues to be diluted by the fact that we keep increasing other market values from new commercial and residential construction. This trend is likcly to continue, especially if II . . . Council Agenda: 12/12/05 additional reductions are made in NSP's valuation because of reductions in personal property tax formulas by the Department of Revenue. The budget and tax levy being proposed for adoption will have a bottom line result of reducing the average taxpayers obligations by 13% or more, assuming their valuations remained the same as last year. Even with inflationary increases in individual market values, most taxpayers should still receive 10% or more reduction in the City's tax bill. 2006 Budget Highlights: 2005 Budl!.et 2006 Budl!.et Total Projected Revenue Total Projected Expenditures Total Tax Levy Required Total City Tax Capacity Value Total Tax Capacity Rate $20,240,885 $25,578,683 $6,957,915 $11,894,681 58.72 $23,624,832 $24,086,640 $6,750,000 $13,224,144 51.04 B. ALTERNATIVE ACTIONS: 1. Adopt the resolution setting the 2006 final budget and tax levy in the amount of $6,750,000. c. ST AFF RECOMMENDATION: It is recommended that the final tax levy be adopted as proposed to meet the statutory deadline. The maximum amount that can be levied is $6,750,000, the same amount that was proposed in our preliminary budget workshops. D. SUPPORTING DATA: Final Budget Summary Resolution \~ . . RESOLUTION NO. 2005-123 RESOLUTION ADOPTING THE 2005 BUDGET AND SETTING THE TAX LEVY WHEREAS, the City Administrator has prepared and submitted to the City Council a budget setting forth therein his estimated needs of the City of Monticello for all operation and the debt service for the fiscal year commencing January 1,2006; and WHEREAS, the City Council has reviewed the same and has made such changes therein as appear to be in the best interest of the City of Monticello; NOW THEREFORE, BE IT RESOL VED BY THE COUNCIL OF THE CITY OF MONTICELLO that the budget so submitted by the City Administrator, together with the changes made therein by the City Council, be and same hereby is adopted as a budget for the fiscal year commencing January 1,2006; and BE IT FURTHER RESOLVED by the Council ofthe City of Monticello that there be and hereby is levied for the fiscal year commencing January 1,2006, the following sums for the respective purposes indicated therein upon the taxable property of the City of Monticello, to wit: . REVENUE ........... ...... NET.CERTIFIEQ.Ll"VY General $3,925,880 Community Center $908,895 Parks $780,125 Library $36,660 HRA $22,600 OAA $7,100 Tree $29,590 Transoortation $15,550 DEBT RETIREMENT Debt Service Fund $523,600 .,. ., CANT AL IMPROVEMENTS .'" Street Reconstruction Fund $500,000 TOTAL TAX LEVY $6,150,000 The above resolution was introduced by Councilmember , was duly seconded by Council- member with the following voting in favor thereof: Herbst, Mayer, Perrault, Posusta, and Stumpf The following voted in opposition: None The City Administrator is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Wright County, Minnesota. _dopted this 12'" day of December, 2005 ATTEST: Clint Herbst Mayor sc-\C\ - Rick Wolfsteller, City Administrator . CITY OF MONTICELLO 2006 . FINAL PROPOSED BUDGET SUMMARY 12-12-05 . dO .....- . . TAX LEVY SUMMARY 2006 Budget All Funds #1 Reduced Debt Levy for one year due to reserves Parks General Librar Trans ortation Shade Tree OM HRA Debt Service Ca ita I Imp. Revolvin Communit Center Street Reconstruction $785,015 $780,125 $3,653,974 $3,925,880 $36,970 $36,660 $59,170 $15,550 $59,605 $29,590 $4,800 $7,100 $21,990 $22,600 $784,156 $523,600 $45,000 $0 $1,007,235 $908,895 $500,000 $500,000 0lL$flll ~!,l,!,~,'h~Th~mnJ~t.lt1f:G 'j Net Certified Levy Decrease/lncrease Maximum Lev Allowed $0 N/A 300% ($207,915) Payable 1998 Tax Capacity Rate Payable 1999 Tax Capacity Rate Payable 2000 Tax Capacity Rate Payable 2001 Tax Capacity Rate Payable 2002 Tax Capacity Rate Payable 2003 Tax Capacity Rate Payable 2004 Tax Capacity Rate Payable 2005 Tax Capacity Rate Est. Payable 2006 Tax Capacity Rate 27.001 35.186 36272 37.146 67.645 65.558 62452 58.760 51.040 '97/Pa able 1998 $14,413,597 27.001 $3,883,013 '98/Pa able 1999 $13,123,681 35186 $4,617,725 99/Pa able 2000 $13,066,057 36272 $4,739,325 2000/Pa able 2001 $13,641,431 37.146 $5,067,342 2001/Pa able 2002 $9,606,212 67.645 $6,498,079 2002/Pa able 2003 $10,344,950 65.558 $6,782,018 2003/Pa able 2004 $11,141,052 62452 $6,957,915 2004/Pa able 2005 $11,840,000 5876 $6,957,915 Est. Pa able 2006 $13,224,144 51.04 $6,750,000 . COMMENTS: 'Community Center budget levy includes $669,950 for debt service and $262,845 for operations Maximum levy without a public hearing being required = $7,311,210 2006 Budget.xls:Tax Levy Sum: 12/5/2005 d\ - . . SUMMARY OF PROJECTED REVENUES, EXPENDITURES AND FUND BALANCES (Cash & Investments) Parks Fund Park Dedication fund General Librar Tree OM Water Water Access Sewer Sewer Access Transportation Liquor Capital Oulla Revolvin HRA Minn. Investment Fund EDA SCERG CMIF Storm Sewer Access Cemeter Communit Center Fund Street Reconstruction Fund $252,150 $797,825 $251,000 $109,165 $5,585,000 $6,394,097 $10,100 $37,960 $4,105 $33,210 ($75,000) $82,100 $1,101,000 $538,000 $748,500 $492,210 $1,521,300 $994,640 $3,900,000 $1,674,470 $14,900 $16,000 $925,000 $3,608,345 $1,201,000 $626,755 $1,005,500 $760,100 $326,000 $26,015 $850,000 $38,970 $16,200 $660 $2,975 $210 $1,150,000 $348,785 $75,000 $31,000 $99,850 $2,045,930 $251,050 $527,825 ITI~\~i(\i.~ ii:llffiillIWi~~\f!l~i~~ $797,825 $50,000 $6,367,225 $37,960 $33,210 $7,100 $446,225 $567,410 $995,185 $1,267,990 $16,000 $3,539,200 $545,200 $891,565 $0 $1,000 $0 $0 $269,800 $32,045 $2,045,4 75 $750,000 l~lJii~1l~ $252,150 $310,165 $5,611,872 $10,100 $4,105 $0 $1,192,775 $673,300 $1,520,755 $4,306,480 $14,900 $994,145 $1,282,555 $874,035 $352,015 $887,970 $16,860 $3,185 $1,228,985 $73,955 $100,305 $28,875 Debt Service General Obli ation Bonds Special Assessment Bonds Tax Increment Bonds 1.a$1N!$I;~I~".!'!i!~!l!'l1![:lvr.$iiiiW i!ilii!ii!mii:$~a\!i.~~~a~~! ! im!l!ll$'ll!i~a!i\~~l! ii:ii!!Wi!l~'t!j~~i~~~i . 2006 BUDGET.XLS:Summ of Proj Rev:12/5/2005 d,~ - . . REVENUE AND EXPENDITURE SUMMARY 2006 Budget General Parks Park Dedication Libra Transportation Shade Tree Community Center DTED Clean U FundlEnvir OM HRA Minn. Investment Fund EDA SCERG CMIF Debt Service Liquor Water Sewer Cemeter Capital Improvements Water Access Storm Sewer Access Sanitar Sewer Access Streeet Reconstruction Fund [!1~rL $5,519,615 $802,715 $94,615 $38,000 $119,595 $62,815 $2,071,835 $0 $4,800 $695,090 $25,830 $42,920 $630 $170 $3,011,595 $3,487,900 $515,000 $977,590 $28,995 $585,800 $324,075 $236,505 $1,079,795 $515,000 "c,,' ,}~S;J'1i: $7,500,135 $1,204,765 $70,000 $38,000 $119,595 $62,815 $2,071,835 $0 $4,800 $545,320 $0 $2,000 $0 $0 $3,106,243 $3,383,250 $886,970 $1,953,510 $30,945 $1,115,000 $2,100,000 $1,975,000 $2,316,000 $500,000 $6,394,097 $797,825 $109,165 $37,960 $16,000 $33,210 $2,045,930 $0 $7,100 $760,100 $26,015 $38,970 $660 $210 $4,440,560 $3,608,345 $538,000 $994,640 $31,000 $626,755 $492,210 $348,785 $1,674,470 $527,825 Pijliil:1!FlIm!2m HH COMMENTS ( A ) includes $988,430 Depreciation -- Sewer ( B ) includes $431,700 Depreciation -- Water ( C ) includes $429,300 depreciation -- Parks & Recreation ( D) include $1 ,930 Depreciation -- Cemetery ( E) includes $1,674,000 Depreciation -- Government Funds . 2006 BUDGETXLS: Rev & Sum: 12/5/2005 $8,041,215 (E) $1,227,125 (C) $50,000 $37,960 $16,000 $33,210 $2,045,475 $0 $7,100 $891,565 $0 $1,000 $0 $0 $5,426,218 $3,539,200 $884,625 $1,947,045 (A) $33,975 ( D ) $545,200 $567,410 $269,800 $1,267,990 $750,000 imi~jli!!1i~"'~FP ~3 . GENERAL FUND SUMMARY 2006 Budget REVENUE Taxes 2005 2006 Current Ad Valorem Taxes 101.31011 $3,653,974 $3,925,880 Delinquent Ad Valorem Taxes 101.31021 $0 $0 Mobile Home Tax 101.31031 $0 $0 TIF #1 - Kmart 101.31051 $0 $0 Forfeited Tax Sale A port. 101.31920 $0 $0 Penal & Interest - Ad Valorem Taes 101.31910 $5,000 $6,500 Licenses and Permits - Business Liquor License 101.32111 $30,250 $31 ,450 Beer License 101.32112 $1,375 $1,500 Set Up Licen 101.32113 $0 $0 Other Bus. Licenses & Permit 101.32199 $2,500 $2,800 Licenses and Permits - Non-Business Buildin Permits 101.32211 $575,000 $775,000 Variances/Conditional Uses 101.32212 $3,000 $4,000 Gradin Permits 101.32215 $0 $0 . Si n/Banner Permits 101.3222 $0 $500 Animal Licenses 101.32241 $600 $275 Bin 0 Licenses 101.32261 $0 $0 Fiber 0 tic Franchise Fee 101.32263 $0 $500 Other Non-Business License & Permits 101.32299 $7,100 $3,000 Inter-Governmental Federal Grants - CETA 101.33120 $0 $0 Local Government Aid 101.33401 $0 $0 Homestead Credit (HACA 101.33402 $0 $0 Mobiie Home Homestead Credit 101.33403 $0 $0 PERA Increase Aid 101.33404 $6,741 $6,740 Disaster Aid 101.33408 $0 $15,000 Local GovtlState Hi hwa Aid 101.33410 $72,500 $67,345 Fire De artment Aid 101.33420 $65,000 $95,000 Police De t. Aid 101.33421 $37,500 $45,000 State Grants & Aids - Others 101.33499 $0 $0 Count Hi hwa Grants 101.33610 $12,350 $12,200 Other Coun Grants 101.33620 $1,000 $0 Char es for Services Rec clin Incentives 101.33621 $14,000 $13,000 Zonin /Subdivision Fees 101.34103 $10,500 $11,652 . Junk Amnest Fees 101 .34407 $0 $7,000 2006 BUDGET.xLS:GenFundSumRev:12f1212005 . GENERAL FUND SUMMARY 2006 Budget EXPENDITURES 2005 2006 General Government Ma or and Council Administration Finance Audit Le al Plannin & Zonin Assessi n Deput Re istrar Cil Hall Data Processin Elections National Guard General Government Depreciation $62,035 $288,570 $230,710 $38,650 $140,935 $227,695 $47,915 $206,250 $121,140 $150,115 $5,000 $21,625 $66,500 $41,455 $290,585 $246,475 $38,900 $66,665 $297,730 $55,625 $214,150 $126,710 $106,040 $20,080 $21,485 $16,230 $876,000 $279,630 $325,525 $16,770 $43,700 $68,900 . Public Works Ins ections Public Works Administration Streets & Aile s Snow & Ice Street Li htin Parkin Lots Shop & Gara e Refuse Collection En ineerin Public Works Depreciation $155,785 $190,575 $605,480 $76,430 $108,500 $5,200 $180,845 $447,820 $462,500 $1,471,755 $151,740 $181,315 $650,830 $78,145 $156,000 $8,300 $156,515 $477,785 $807,990 $1,588,870 . 2006 BUDGETXLS:GenFundSum-Exp 12/5/2005 ;).<-\ . . . GENERAL FUND SUMMARY 2006 Budget ____illlllll--.I~ 2006 BUDGETXLS:GenFundSum-Exp:12J5/2005 de) . SPECIAL REVENUE FUND 2006 Budget Park Fund REVENUE CURRENT AD VALOREM TAXES DELINQUENT AD VALOREM TAXES MOBILE HOME TAX PEN & INT - AD VALOREM TAXES FIELD FEES TEAM FEES PARK RENTAL FEES CONCESSION REVENUE OTHER CHARGES FOR SERVICES INTEREST EARNINGS REFUNDS/REIMBURSEMENTS IN OTHER MISC REVENUE TRANSFER FROM GENERAL FUND TRANSFER FROM OTHER FUNDS 225.31011 225.31021 225.31031 2253191 225.34771 225.34770 225.34780 225.34772 225.34999 2253621 225.3629 225.36299 225.39201 225.39203 2005 $785,015 $0 $0 $0 $500 $6,000 $2,200 $3.000 $0 $6,000 $0 $0 $0 $0 2006 $780,125 $0 $0 $0 $2,900 $500 $3,200 $3,500 $0 $7,500 $0 $100 $0 $0 ---------------------------------------- EXPENDITURES Personal Services . SALARIES, FULL TIME - REG 22545201.1010 $235,200 $205,870 SALARIES, FULL TIME - OT 225452011020 $4,200 $3,000 SALARIES, PART-TIME - REG 22545201.1030 $0 $0 SALARIES, PART-TIME - OT 225452011031 $0 $0 SALARIES, TEMPORARY - REG 22545201.1040 $35,500 $68,000 SALARIES, TEMPORARY - OT 225452011050 $0 $0 SALARIES, OTHER 22545201.1090 $0 $0 SEVERANCE PAY 22545201.1110 $0 $2,500 PERA CONTRIBUTIONS 225452011210 $0 $16,615 FICA CONTRIBUTIONS 22545201.1220 $15,205 $17,165 MEDICARE CONTRIBUTIONS 225452011250 $17,050 $4,015 HEALTH/DENTAL/LIFE INSURANCE 225452011310 $3,990 $35,260 U. C. BENEFIT PAYMENTS 22545201.1420 $38,795 $0 WORKER'S COMP BENEFIT PAYMT 22545201.1520 $0 $0 Sup lies P~NTEDFORMS&PAPER 22545201.2030 $0 $0 SAFETY SUPPLIES 22545201.2065 $3,000 $2,600 MISC OFFICE SUPPLIES 22545201.2099 $250 $150 CLEANING SUPPLIES 225452012110 $700 $850 CLOTHING SUPPLIES 22545201.2111 $725 $700 MOTOR FUELS 22545201.2120 $15,000 $23,000 LUBRICANTS & ADDITIVES 225.45201.2130 $2,400 $4,200 . CHEMICAL PRODUCTS 22545201.2160 $10,000 $10,000 MISC OPERATING SUPPLIES 225452012199 $22,000 $18,000 EQUIPMENT REPAIR PARTS 22545201.2210 $6,200 $6,400 VEHICLE REPAIR PARTS 22545201.2211 $4,000 $4,000 2006 BUDGETXLS:SpecRevParksWkst: 12/5/2005 ~~ TIRES 22545201.2220 $1,500 $1,500 . BUILDING REPAIR SUPPLIES 22545201.2230 $5,000 $4,500 LANDSCAPING MATERIALS 22545201.2250 $7,500 $12,000 MISC REPAIR & MTC SUPPLIES 22545201.2299 $18,000 $15,000 Small Tools and E ui ment SMALL TOOLSfMISC 22545201.2410 $1,500 $1,500 T&EfMACHINERY 22545201.2440 $7,000 $2,500 T&EfFURNITURE 22545201.2460 $0 $0 T&EfEQUIPMENT $0 $8,500 T&EfOFFICE EQUIPMENT 22545201.2471 $0 $0 T&EfCOMPUTER EQUIPMENT 22545201.2472 $0 $0 T&EfOTHER 22545201.2499 $5,000 $2,500 Services and Char es PROF SERVICES - CUSTODIAL 22545201.3110 $0 $0 MAINTENANCE AGREEMENTS 22545201.3190 $0 $0 MISC PROFESSIONAL SERVICES 22545201.3199 $5,500 $5,500 TELEPHONE 22545201.3210 $2,800 $2,850 TRAVEL EXPENSE 225452013310 $350 $450 CONFERENCE & SCHOOLS 22545201.3320 $1,600 $2,400 FREIGHT 22545201.3330 $0 $0 ADVERTISING 22545201.3499 $650 $600 GENERAL PUBLIC INFORMATION 22545201.3520 $600 $600 . VEHICLE INSURANCE 22545201.3630 $0 $0 ELECTRIC 22545201.3810 $5,500 $6,500 GAS 22545201.3830 $1,300 $1,600 REPAIR & MTC - BUILDINGS 225452014010 $3.300 $3,300 REPAIR & MTC - MACH & EQUIP 225452014044 $2,400 $5,000 REPAIR & MTC - VEHICLES 225452014050 $2,200 $2,200 ADOPT-A-PARK MAINTfEXP 225452014090 $3,200 $2,000 PATHWAY MAINTENANCE 225452014091 $1,500 $3,500 REPAIR & MTC - OTHER 225452014099 $2,000 S2,000 EQUIPMENT RENTAL 225452014150 $1,400 $1,400 UNIFORM RENTAL 225452014170 $2,800 $0 MISC RENTALS 225452014199 $0 SO DUES, MEMBERSHIP & SUBSCRIPTIO 225452014330 $400 $400 BOOKS & PAMPHLETS 225452014350 $150 $150 TOWING CHARGES 225452014360 $0 $0 LICENSES & PERMITS 225452014370 $0 $0 PRIZES 225452014390 SO $0 TREE REPLACEMENT 225452014391 $0 $0 MISC OTHER EXPENSE 225452014399 $1,500 $6,000 PARKS & RECREATION-DEP $402,050 $429,300 Capital Outla IMPROVEMENTS 22545201.5301 $15,000 $0 . MOTOR VEHICLES 22545201.5501 $16,000 $23,500 FURNITURE & FIXTURES 22545201.5601 $0 SO OTHER EQUIPMENT 22545201,5801 $44,000 SO I>; ,j I r 2006 BUDGET XLS:SpecRevParksWkst:12/5/2005 (~l . Parks/Improvements CITY BALLFIELDS/NSP IMPR 225 $0 $30,000 SOCCER FIELDS IMPR 225 $12,000 $0 PARK ADNSTRUCTURE IMPR 225 $5,000 $0 WEST/EAST BRIDGE PARK IMPR 225 $0 $0 PRAIRIE/OTTER CREEK PARK IMP 225 $0 $0 CARDINAL HILLS TOT LOT IMPR 225 $35,000 $0 PIONEER PARK IMPR 225 $35,000 $45,000 RIVER MILL PARK IMPR 225 $0 $6,500 4th STREETPARK IMPROVEMENT 225.452022499 $25,000 $0 WILDWOOD RIDGE PARKlROLLLlNG 225 $0 $0 GROVELAND SHELTER $0 $30,000 FREEWAY FIELDS FENCE $0 $5,000 GROVELAND PARK IMPROVEMENT 225 $20,000 $40,000 TOWER PARKlVALLEY VIEW IMPROV 225 $0 $0 ELLISON RESTROOMS 225.45202.5201 $0 $75,000 WILDWOOD PARK IMPR 225 $0 $0 COUNTRY CLUB PARK IMPR 225 $0 $0 HILLCREST PARK -BALLFIELD FENCE $8,000 $0 PAR WEST IMPROVEMENT $15,000 $0 MISC OPERATING SUPPLIES 225.45202.2199 $10,000 $0 MISC PROFESSIONAL SERVICES 225.45202.3199 $6,000 $6.000 . NSP Ballfields Safet Supplies 225.45203.2065 $0 $150 Cleanin Suppies 225.452032110 $150 $150 Motor Fuels 225.452032120 $1,000 $0 Lubricants 225.452032130 $250 $250 General Operatin Sup lies 225.45203.2199 $600 $600 Misc. Re air/Main!. Supplies 225.452032299 $3,550 $3,400 Misc. Professional Services 225.45203.3199 $2,500 $2,000 Electricit 225.45203.3810 $7.000 $7,000 Re air/Maint - Buildin s 225.45203.4010 $500 $0 Improvements 225.45203.5301 $38,000 $6,500 Other E ui ment 225.452035801 $0 $0 Misc. Other Ex ense 225.45203. $4,300 $0 . 2006 BUDGET.XLS.SpecRevParksWkst 12/5/2005 ~5S . SPECIAL REVENUE FUND 2006 Budget Community Center REVENUE Current Ad Valorem Taxes Oelin uent Ad Valorem Taxes Mobile Home Tax Penalt & Interest - Ad Valorem Taxes Homestead Credit State Grants & Aids - Other Room/S ace Rental Kitchen Rental/Part Room Rental Concessions User Fees Membershi 5 Pro ram Activit Fees Other Char es for Services Interest Earnin 5 Rental of E ui ment Contributions - Private Other Mise Revenue Transfers from General Fund Transfer from Li uor Fund 226.31011 226.31021 226.31031 226.31910 226.33402 226.33429 226.34101 226.34755 226.34740 226.34790 226.34791 226.34792 226.34999 226.36210 226.36221 226.36230 226.36299 226.39201 226.39207 2005 $1.007.235 $0 $0 $0 $0 $0 $113,000 $26,000 $82,000 $62,000 $460,000 $60,000 $6,000 $1,650 $500 $3,000 $450 $0 $250,000 2006 $908,895 $0 $0 $0 $0 $0 $137,000 $33,700 $89,500 $52,000 $500,000 $65,000 $10,000 $3,000 $500 $3,000 $500 $0 $250,000 EXPENDITURES Personal Services Salaries. Full-Time - Re 226.45122.1010 $280,925 $296,000 Salaries, Full-Time - aT 226.45122.1020 $4,000 $4,500 Salaries Part-Time - Re 226.45122.1030 $306,075 $320,000 . Salaries. Part-Time aT 226.45122.1031 $500 $500 Salaries. Tern afar - Re 226.451221040 $0 $0 Salaries. Tern afar -OT 226.45122.1050 $0 $0 Salaries, Other 226.45122.1090 $0 $0 Severance Pa 226.45122.1110 $0 $5,000 PERA Contributions 226.45122.1210 $23,555 $27,660 FICA Contributions 226.45122.1220 $36,675 $38,500 Medicare Contributions 226.45122.1250 $8,575 $9,005 HealthlDental/Life Insurance 226.45122.1310 $48,695 $64,570 U.C. Benefit Pa ments 226.45122.1420 $3,000 $0 Worker's Com Benefit Pa ments 226.45122.1520 $0 $0 .J. Su lies Printed Forms & Pa er 226.45122.2030 $2,000 $1,000 Pro ram 0 era tin Costs 226.45122.2065 $0 $0 Misc Office Su lies 226.45122.2099 $6,500 $4,500 Cleanin Su lies 226.45122.2110 $9,000 $8,000 Clothin Su lies 226.45122.2111 $7,000 $4,000 Motor Fuels 226.45122.2120 $0 $0 Lubricants & Additives 226.451222130 $0 SO Chemical Products 226.45122.2160 $10,000 $11,000 Pool Maintenance Su lies 226.45122.2161 $13,500 $5,000 Mise 0 eratin Su lies 226.45122.2199 $18,250 $21,720 E ui ment Re air Parts 226.45122.2210 $5,000 56,000 . 2006 BUDGETXLS:Spec Revenue Fund-Comm. Ctr.12J5/2005 ~q . Vehicle Re air Parts Tires Buildin Re air Su lies Landsca in Materials Mise Re air & Maintetnance Su Small Tools & E ui ment T&E - Com uters T&E - Office E ui ment T&E - Other SPECIAL REVENUE FUND 2006 Budget Community Center 226.45122.2211 226.45122.2220 226.45122.2230 226.45122.2250 lies 226.45122.2299 226.45122,2410 226.45122.2499 226.45122.2471 226.45122.2499 $0 $0 $4,000 $2,000 $10,000 $2,000 $3,000 $1,000 $0 $0 $0 $4,000 $2,000 $12,000 $2,000 . Services & Charfles Professional Services - Manaqement Fee 226.45122,3070 $400 $400 Professional Services - Data Processinq 226.45122,3090 $4,000 $4,000 Professional Services - Website/E-mail 226.45122,3092 $4,000 $1,000 Professional Services - Custodial 226.45122,3110 $1,000 $1,000 Professional Services - Laundrv 226.45122,3111 $3,000 $2,500 Professional Services - BldaJEauioment 226.45122,3112 $6,500 $9,000 Maintenance A reement 226.45122,3190 $10,000 $12,000 Professional Services - Newsletter 226.45122,3195 $0 $0 Mise Professional Services 226.45122,3199 $6,000 $6,500 TeleDhone 226.45122,3210 $12,000 $11,000 PostaQe 226.45122,3220 $1,000 $1,000 Cable/Network Services 226.45122,3250 $2,500 $1,800 Travel Expense 226.45122,3310 $900 $900 Conferences & Schools 226.45122,3320 $6,000 $3,000 Expo Exhibitor Admission 226.45122,3490 $4,500 $3,000 Advertisinq 226.45122,3499 $12,000 $12,000 General Public Information 226.45122,3520 $1,000 $500 Brochures 226.45122,3560 $7,200 $4,500 General Liabilitv Insurance 226451223610 $29,715 $20,820 Property Insurance 226.45122,3620 $8,500 $8,300 Misc General Insurance Work Como) 226.45122,3699 $13,670 $13,215 Electric 226.45122,3810 $74,000 $74,000 Gas 226451223830 $77,000 $100,000 ReDair & Maintenance - BuiJdina 226.45122.4010 $5,000 $3,000 Repair & Maintenance ~ Machinerv & Equipment 226.451224044 $6,000 $15,000 Repair & Maintenance - Vehicles 226.45122.4050 $0 $0 Repair & Maintenance - Other 226.45122.4099 $2,000 $2,000 Equipment Rental 226.451224150 $12,000 $4,000 Uniform Rental 226.451224170 $1,500 $1,000 Towel Rental 226.45122.4171 $1,100 $1,100 Dues,Memberships & Subscriptions 226.45122.4330 $1,800 $1,000 Towinq Char es 226451224360 $0 $0 Licenses & Permits 226.45122.4370 $700 5500 Customer Discounts 226.45122.4379 $0 $0 Bank Charaes 226.45122.4398 $7,000 $10,000 Misc Other Expense 22645122.4399 $300 $300 !" "I' , ' '" . 2006 BUOGETXLS:Spec Revenue Fund-Comm. Ctr.:12/5/2005 30 SPECIAL REVENUE FUND 2006 Budget Community Center . 226.45122.5201 226.45122.5301 226.45122.5501 226.45122.5601 226.45122.5701 226.451225702 226.45122.5801 $5,600 $67,900 $0 $18,950 $0 $0 $0 Debt Service Lease Pa ment to HRA - Princi al Lease Pa ment to HRA -Interest Tranfer to Debt Service Fund . Communi Center Pro rammin Rental Room Supplies Office Su lies - Pro ammin Office Su lies - Concessions Part Room Su lies Climbin Wall Su lies Fitness Area Su lies G mnasium Su lies Indoor PIa Su lies Pool Su lies "The Warehouse" Su lies Wheel Park Su lies General Pro rammin - 0 eratin Costs Non-Food Products T&EIOther T&E - Fitness E ui ment T&E - Recreation E ui ment T&E - Furniture & 1m rovements Concession Food Products Professional Services - Fitness Professional Services - Pro ram Instructor Professional Services - General Pro rammin Advertisin - Pro rammin E ui ment Rental - Pro rammin Dues, Membershi s & Subscri tions - Pro rammln Prizes 226.45127.2075 226.45127.2099 22645127.2145 226.451272146 226.45127.2171 226.45127.2172 226.45127.2173 226.45127.2174 226.45127.2175 22645127.2176 226.45127.2177 226.45127.2198 226.45127.2549 226.45127.2499 226.45122.2445 226.451222490 226.45122.2460 226.45127.2541 226.45127.3012 226.45127.3013 226.45127.3199 226.45127.3499 226.451274150 226.451274330 226.45127.4390 $2,600 $0 $3,000 $6,500 $750 $500 $500 $500 $1,000 $800 $1,500 $8,000 $2,000 $0 $0 $0 $0 $52,000 $2,000 $1,500 $1,000 $3,500 $2,000 $250 $2,500 $2,000 $0 $3,000 $6,200 $1,000 $500 $500 $1,000 $2,500 $1,000 $250 $6,000 $2,000 SO $14,900 $3,200 $6,500 $56,000 $1,000 $2,000 $1,200 $2,000 $1,000 $0 $1,200 _1- . 2006 BUDGET.XLS:Spec Revenue Fund-Comm. Ctr.:12/512005 ~' ~ \ . . . SUMMARY Debt Service Funds 2006 Budget Forecast REVENUE 2005 2006 $784,156 . $134,330 $789,609 $118,500 $685,000 . $500,000 $0 $523,600 $184,720 $1,083,865 $169,725 $669,950 $500,000 $1,308,700 ---------------------------------------------- EXPENDITURES 2005 2006 $1,811,126 $1,289,607 $5,510 $0 $3,206,726 $2,213,715 $5,777 $0 'Scheduled Levy Less: (1) yr reduction because of bond fund surplus I/WVTP Note 2000 B Bond Net Levy (Actual Revenue) 2006 BUDGET.XLS:Debt Service Fund-Forecast:12/5/2005 All Other Debt Comm Ctr Bond $1,129,293 $669,950 (582,293) (23,400) 523,600 $669,950 3~ 00 00 O~ 0_ ." ~ "'''' . Cii ro Cii Cii Cii Cii Oi _ Oi ~ ~ Oi Oi Q) , , Q) c - c c ' c c c Q) Q) Q) Q) Q) Q) CJ CJ CJ CJ CJ CJ . Ul :0 W !:: I- Z W :0 l1. ::::l ",0 oW ~o/l I- W Ul Ul <C ...J <C l- e:: <C U . ~ c Q) E ,9- => 0- W o/l '!! a ~ o o .n '" 6 00 0'" 0'" u"ia3 '" Q) OiZ 6~ <f) <f) E E Q) Q) ~'" <f)J'] Q) Q) <f) <f) <f) <f) <(<( (/)~w ~i5-o/l o('5t- Z o o o ." 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Council Agenda: 12/12/05 Consideration to approve an amendment to the Zonin!!: Ordinance for setbacks in the I-I and 1-2 Districts. Applicant: City of Monticello. (NAC) A. REFERENCE AND BACKGROUND The Planning Commission reviewed this request on December 6th, recommending approval of the amendment 4-0. The Commissioners indicated that they felt the amendment would provide industrial property owners more flexibility in the use of their properties. The City has encountered issues related to the current side yard setback requirements in the I-I and 1-2 Districts. The standards require 30 foot setbacks along all interior lot lines. This has raised issues for some property owners related to the use of the property. In these wider setback areas, the space tends to be occupied by additional paved area and/or outside storage, since it is not usable for any other purpose. The original intent of the wider side setbacks would likely have been related to additional green space, however, this result has not materialized on most lots. Planning staff recommends a reduction in the interior side yard requirements to 15 feet. while maintaining the wider 30 foot setback along the street side of corner lots. This reduction will permit more intensive use of Industrial lots, and may result in more landscaping area in those side yards, since the 15 foot dimension does not accommodate driveway or storage uses. This amendment would not affect fire code requirements for additional sctback based on building type. Architects will have to account for fire code when they design buildings with lesser side setbacks. In this way also, the City may see upgraded buildings based on construction type. The 30 foot setback accommodates the lowest grade of building materials. This reduction in setback requirement is also subordinate to the buffer yard setback standard. In cases where an II or 12 parcel is adjacent to a residential area, thc wider setback standard and landscaping requirement would apply. B. ALTERNATIVE ACTIONS The Planning Commission recommends alternative I below. Decision I: Zoning Amendment reducing interior side yard setbacks in the I-I and 1-2 Districts from 30 feet to 15 feet. 1. Motion to approve the amendment, based on a finding that the amendment will grant greater use of industrial property, and may also result in upgraded site and building plans. 2. Motion to deny the amendment, based on a finding that the long-standing 30 foot setback serves the Industrial District well by requiring additional spacing bctween industrial buildings. WI . c. STAFF RECOMMENDATION StafY recommends the amendment for the reasons noted above. D. SUPPORTING DATA A. Proposed Amendment . . 2 Council Agenda: 12/12/05 L(:) Section 1. e City of Monticello, Minnesota Wright County Ordinance No. AN ORDINANCE AMENDING SECTION 3-3 [C] OF THE MONTICELLO CITY CODE, KNOWN AS THE ZONING ORDINANCE, BY PROVIDING FOR AMENDED SIDE YARD SETBACK REQUIREMENTS FOR THE I-I AND 1-2 ZONING DISTRICTS. The City Council of the City of Monticello hereby ordains: Section 3-3 [C] is hereby amended to read as follows: All setback distances as listed in the table below shall be measured from the appropriate lot line and shall be required minimum distances. Front Yard Side Yard Rear Yard A-O 50 30 50 R-l* 30 * 30x R-IA* 35 * 30* e R-2* 30 10* 30 R-2A* 15 6* 20* R-3 30 20 30 R-4 30 30 30 PZR See Chapter 10 for speci::ic regulations. PZM See Chapter 10 for specific regulations. B-1 30 15 20 B-2 30 10 20 B-3 30 10 30 B-4 0 0 0 1-1* 40 15 40 :;::-2* 50 15 50 ~-lA 50 30 40 P-s See Chapter 19B for specific regula::ions. Section 2. Section 3-3 [C] is hereby amended to add the following: e 3-3 [C] 5. *1-1 and 1-2 District Setbacks: Within the I-I and 1-2 Zoning Districts, side yard setbacks for corner lots (\ 'J S\)-- \ => - e - shall be no less than 30 feet for a side yard adjoining a public street right of way. Section 3. This Ordinance shall take effect and be in full force from and after its passage and publication. , Mayor ATTEST: , Administrator AYES: NAYS: SD- yl\ . '1e . . Council Agenda 12/12/05 Consideration of a reouest for an Interim Use Permit allowinl!: relocation of a billboard disnlaced bva City Droiect. (10) REFERENCE AND BACKGROUND City Council requested that the Planning Commission conduct a public hearing and provide a recommendation regarding relocation of one of the two billboard signs displaced by the interchange project. The Planning Commission conducted a public hearing on this item at their December 6, 2005 meeting. The Planning Commission recommended approval of Alternative #1. As you know, billboards are not an allowable sign in the City, However, billboards may be relocated on an interim basis due to a city project. The location proposed for the billboard is where River Street intersects with 1-94 adjacent to the Xcel ballfields. The billboard height will be set at the minimum necessary to allow maintenance vehicles to pass underneath. It will be constructed using the single pole design and will actually be smaller than the sign that it is replacing (36' versus 48' wide). It does not appear that the location proposed will interfere with the potential interchange slated for construction in this area. The location is within the 1-2 district. To the east of the site is a vacant parcel currently owned by Electro Industries. The ballfield parking lot and associated open space is located to the west. It is not expected that the presence of the sign will negatively affect the value ofthe Electro property. The term of the interim use will be set to match the years remaining on the original land lease agreement between the sign company and A YR. It is estimated that there were 13-14 years remaining on the lease that was interrupted by the City project, thus the interim use would be good for the same time period. Once this time period expires, then the City would have the option of requiring that the sign be removed. Please note that the price paid to A VR for the land includes the value of the revenue from the remaining term of the land lease. This City will be recovering this expense over time through development of a similar lease agreement for use of the River Street right of way. Also, under State law, the city would be obligated to pay an amount equal to the loss of revenue to the sign company associated with the term of the lease. Over 13-14 years this would amount to hundreds of thousands of dollars. The billboard constructed at this location results in a slight complication for extension of watermain across the freeway at this location which can be resolved by installing a carrier pipe in advance of construction of the sign. 4~ Council Agenda 12/12/05 . View to East (Electro) View South View West AL TERNA TIVE ACTIONS 1. Motion to grant Lamar Sign Company and interim use permit allowing relocation of a sign from the A VR site to the River Street location. The term of the interim use permit to match the time terms identified in the original Lamar/A VR lease agreement. 2. Motion to deny approval of said interim use agreement. . STAFF RECOMMENDATION Staffrecommended alternative 1. There are few alternatives along the Highway 94 corridor where the sign can be relocated in a spot where the City can recover the cost. This spot is acceptable to Lamar and will result in minimal intrusion on adjoining property. SUPPORTING DATA A. Site Location Map B. Interim Use Ordinance. . 1..\1.0 TOWNSHIP ", -''---r- j> ~ / -~ e - - - I I I 81 Al ~I -< C'l I I e !I U1 I I BA -ISSIPPI MON I PARK MONTICELLO {j" COMPOST FAC1LlTl' \1 \\\~ Iz \~I ~~/ ( ,IW;T \ LAKE ~I ~~DE ) L CA~ \~ D ~ e e work permitted in the conditional use permit. Such petition shall be presented to the Planning Commission for a recommendation and to the City Council for a decision. Further, whenever a conditional use has not been in operation for a period of six (6) months, the conditional use shall be considered to be null and void. [0] WHEN OCCUPANT IS NOT OWNER: Whenever an application for a conditional use is intended for specific use by an occupant who is not the owner of the property, the application must be made by the owner. The conditional use permit, if granted, will be granted to the owner who shall be fully responsible for complying with the conditions of the permit and all other provisions of this ordinance. The Planning Commission, upon a special request, may consider and recommend granting a conditional use to a renter/tenant/occupant not the owner of a building. In such a case where a conditional use permit is granted to a renter/tenant/occupant not the owner, said permit shall be considered to be granted only for that renter/tenant/occupant for the specified use and shall not travel with land, and under no circumstance shall said permit be allowed to be transferred to any other renter/tenant or occupant, including the owner. Further. for a conditional use permit to be granted to a renter/tenant/occupant not the owner, the City must have a notarized statement from the owner clearly stating that she/he understands that said permit is granted solely to the tenant/renter making application and shall not be transferrable to any future tenant/renter or occupant. 22-4: INTERIM USE PERMIT [A] PURPOSE AND INTENT: The purpose and intent of allowing interim uses is: 1. To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. ') ~. To allow a use that is presently judged acceptable by the City Council but that, with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. o j. To allow a use which is reflective of anticipated long-range change to an area and which is in compliance with the comprehensive plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. [B] PROCEDURE: 1. Existing Uses: Uses defined as interim uses which presently exist as a legal use or a legal non-conforming use within a respective zoning district shall MONTICELLO ZONING ORDI"ANCE 22/4 4~ ~ e - be considered approved and shall be treated as allowable uses. 2. New Uses: Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the standards and procedures for a conditional use permit as established by Chapter 22 of this ordinance. [C] GENERAL STANDARDS: An interim use shall comply with the following: 1. Existing Uses: Shall be in conformance with zoning and building standards in effect at the time of initial construction and development and shall continue to be governed by such regulations in the future. 2. New Uses: a. Meets the standards of a conditional use permit set forth in Section 22-3 of this chapter. b. Conforms to the applicable performance standards set forth in Chapter 3, Section 2, of this zoning ordinance. c. The use is allowed as an interim use in the respective zoning district. d. The date or event that will terminate the use can be identified with certainty. e. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. f. The user agrees to any conditions that the City Council deems appropriate for permission of the use. [D] TERMINATION: An interim use shall terminate on the happening of any of the following events, whichever first occurs: 1. The date stated in the permit. 2. Upon violation of conditions under which the permit was issued. o ~. Upon change in the City's zoning regulations which renders the use non- conforming. 4. The redevelopment of the use and property upon which it is located (0 a permitted or conditional use as allowed within the respective zoning district. (#268, 5/8/95) MONTICELLO ZONING ORDINANCE 22/5 J.4~ -SF. A. . B. Council Agenda: 12/12/05 Consideration of annrovin!!. 2006 Liquor Providers for the Communitv Center. (KB) REFERENCE AND BACKGROUND: Each the year the Community Center requires that liquor providers renew their status to be alcohol providers for weddings and other events at the Community Center. State statute requires that our providers hold retail on-sale liquor licenses within our community or neighboring community and be approved by the City Council to sell alcohol on the Community Center premises. The Community Center requires that the City of Monticello and the Community Center be named as additional insured on the provider's insurance. The following is a list of providers requesting approved status for 2006: ') k, 1 j, VFW Post #8731 J\'ature's Hideaway* Reichel's Catering Service* RJ"s Sports Bar & Grill* Russell's Of Course" Crostini's* (Beer & Wine Only) Jala Peno's* Monticello Rogers Annandale Zimmerman St. Michael Monticello Monticello 4. 5. 6. ~ I. *lndicates they are also on our caterer provider list. AL TERNA TIVE ACTIONS: 1. Approve the list of liquor providers for 2006. 2. Do not approve the list of liquor providers for 2006. C. STAFF RECOMMENDATION: Contact: Dayle Contact: Deb Teague Contact: Robin Reichel Contact: Steve Kranzler Contact: Russell Vetsch Contact: Tim Contact: Deb Cox It is the rccommendation of the City Administrator to approve the list of liquor providers for 2006. D. SUPPORTING DATA: . None. 50 . . . Council Agenda: 12/12/05 5G. Consideration of approvinl! Chanl!e Order #1 - Monticello Library Expansion. (RW) A. REFERENCE AND BACKGROUND: With the recent completion of the library expansion project by Greystone Construction Company, Council is asked to approve a change order covering ten additional items and one deduct item totaling an additional $21,552. This would bring the total construction costs to $671,277. A summary of the change order items is provided with the agenda covering various add-ons or modifications such as a book deposit cabinet, a new power door operator for one of the doors, a revision to the sanitary sewer location, and other various changes. The total change order also included are-working of the main service desk area that were not workable as originally planned. Total change order would amount to a little over 3% ofthe initial base contract. The architect for this project, Ed Kodet, has indicated he would be in attendance at the meeting to answer any questions the Council may have on any of the change order items. Comments we have received from the public on the expanded facility have been positive and as the community grows, it is very likely the second phase of expansion will also be on the horizon in the near future. B. ALTERNATIVE ACTIONS: I. Approve change order #1 in the amount of $21,552 to Greystone Construction Company on the Monticello Public Library Expansion Project. 2. Do not approve as presented. C. STAFF RECOMMENDATION: The majority of the change orders were reviewed and determined to be necessary during the construction phase through the architect, Library Board and/or Building Department. For example initially the original bid proposal had a book depository with a conveyor system priced at over $100,000 which was deleted from the contract and basic book drop added for $4,087. After installation, the service desk counter area was determined by library staff to be inefficient in its original design and modifications were necessary to make it more use able for the staff. Considering the overall project, change orders in the amount of 3% seem reasonable and are to be expected, thus stafI recommends approval of the change order to finalize this project. D. SUPPORTING DATA: Copy of Change Order Summary SI . . . Document G701 T. - 2001 Change Order PROJECT (Ndmeand address): 65804 MontIcellb Public'Library Expansion 220 West6th'Stteet MOllticello,MiiinesotaS5362 TO CONTRACTOR (Name and address)c Grey~t:ol1e CgJlstru(;tionCompariy 500 'Sotith Marsch<l.1tRbad Shiikopee, Minnesota' 55379 CHANGE ORDER NUMBER: 001R DATE: September 29, 2005 OWNER: 0 ARCHITECT: 0 CONTRACTOR: 0 FIELD: 0 OTHER: 0 ARCHITECT'S PROJECT NUMBER: 65804 CONTRACT DATE: November 08,2004 CONTRACT FOR: General Construction THE CONTRAqT IS CHANGED AS FOLLOWS: (Include, where applicable" any undisputed amount attributable to previously executed Construction Change Directives) l:Installbookdl:pository.... Add $4,087.00 2:'ChangeS;1tl qui~tStudy#113- Deduct $572.00 3: Change to(l~~pmmodat~e:x-\s1ihg sanitary sewer location Add $2,205.00 4. New poweroperatorondoor #100-2 Add $3,723.00 R~vise,sojjfit in,U9forexistirig,ductwork Add $2.625.00 6. New sQffit at rem&vedvau!t Add $651.00 7. Add hrilkhead'3:nd revise walLin 101 Add $557.00 8,ireitibvetY'l.d replap~ sidewalk: add HDCP ramp Add $767.00 9. Add:acsess panel Add $244.00 10. A?d:additio~al]ighting<tptl?place existing Add $929.00 lL Makemillwor};:modifications per SDI5, SDl6 Add $6,336.00 Total Add $21,552.00 The original Contract Sum was The ll.,et cha'nge by, previously:authorized Change Orders Tl1r'C~~tr~ft~lI.trfprior to thi~~hange:()tder was TheColltl'actSum will be increa~edb:y:this:Change Order in the amount of The new,C6t1.trad'SUrriinc1udihg"thi,s:Change Order will be T~~c:ontractTime wiIlIJ~~:~c~anged by Zero ( 0 ) days. The date of S1).bstantia1Comp1etiP'1l as of the date of this Change Order therefore is $ $ $ $ $ 649.725.00 0.00 649.725.00 21,522.00 671.277.00 NOli:: This Ch,mge Order, does ndfinc1ude changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have beena,tit~6tiZl:l:d, by Construction Change Directive until the cost and time have been agreed upon by both the Owner and GontractOr;.lp!",hi.chcase a Change Order is executed to supersede the Construction Change Directive. NOT VALlDUNTIt.:$IGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Kodet Architectural Grou Ltd A~~HITECT,( (rmname) jfr~.'or: DATE Greystone Construction Company CONTRACTOR (Firm name) 500 South Marschall Road, Shakopee, Minnesota 55 9 City of Monticello OWNER (Firm name j Monticello City Hall. 505 Walnut Street, Monticello, Minnesota 55352-8831 ADDRESS .~ a Q., BY (Sign , Steve Chu a (T..vped name) BY (Signature) Fred Patch (Typed name) 11- (11'&> DATE DATE AlA Documenl. G701Tfol-20Dl. Copyright @1979, 1987, 2000 and 2001 by The American Institute at Architects. All rights reserved. WARNlNG: This A!A'o, Docl1Inef1[ is protiJ't:t;,d by U.S. CDpyr1{ll1i Lmv and International TnmliML Unauthorized mprodU!~ljQn or IHiilribuHon nf tlli!, AlA'"' Docum.,.,,:, Of ilny portion of it, may fii"suit i!1 severa civil and criminal penames, <lnd wm be proseculed to ,ni)' maximum edent pos.\<;lble under the law, This document was produced by AlA software at 15:26:05 on 11/14/2005 under Order NO.1 000165379_1 which expires on 2/24/2006, and is not lorresals. User Noles: (2643884800) 1 Sd . . . Other Change Order Items Lower soffit from vestibule to service area to match height @ service area 119. Materials................ ... .... ... .................... $ 550.00 Labor: 30 hrs. @ 65ihr. .... ....................... 1.950.00 Subtotal $2,500.00 5% O&P 125.00 TOTAL $2.625.00 Page A7.1, SE corner ofRIn. #104. Existing soffit south offthat corner does not Exist, approx. 12' in length. Frame, sheetrock, and tape new soffit. Materials..... ......... ......... ........ ........... ..... $ 100.00 Labor: 8 hrs. @ 65ihr. . ... ... ....... ............ .... 520.00 Subtotal $620.00 5% O&P 31.00 TOTAL $651.00 Add bulkhead and revise wall @computers #101 area. Frame, sheetrock & tape. Materials....... ... .... .... .... ....................... Labor: 7hrs. @65/hr............................... Subtotal 5% O&P TOTAL $ 75.00 455.00 $530.00 27.00 $557.00 Remove & replace sidewalk, add pavers for handicap ramp Subtotal $730.00 5% O&P 37.00 TOTAL $767.00 I ea. 16" x 24" non-rated access door Labor: I hr. @ $45ihr. . ...... ...... .... ............ Material ........ . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . .. . .. . .. Subtotal 10% O&P TOTAL $45.00 177.00 $222.00 22.00 $244.00 2 ea. 2x4 drop in fixtures and recessed cans Subtotal 5% O&P TOTAL $885.00 44.00 $929.00 TOTAL CHANGE ORDER #1 ................................................... $15.216.00 53 . . . ~ '1I""!;/k ~T TI""'tf"lll'"'td'""'/J...... T""'--' \.iKi::!4X ~l Ul~.n CONSTRUCTION COMPANY October 20, 2005 Kodet Architectural Group, Ltd. 15 Groveland Terrace Mpls., MN 55403-1154 Attn: Bruce Hassig RE: Monticello Library modified millwork proposal Dear Bruce: Per your request, we offer to provide the millwork modifications as required per the sketches provided by you; SD12R dated 9-26-05, SD13R dated 9-26-05, SD14R dated 9- 26-05, SD15 dated 7-6-05 and SD 16 dated 7-6-05. Please see the following breakdown of costs for the modifications: Labor (32 manhours @ $45.00 / hr) Material by Northern Woodwork, Inc. Misc. material Sub-Total: 10% overhead & profit Total $1440.00 $4220.00 $100.00 $5760.00 $576.00 $6336.00 I have contacted David Steen at A vonite regarding the replacement of the A vonite tops that have scratched and he plans to have a representative visit the library to inspect the tops and proceed with a resolution. This item will be handled separately. We have not included any labor to remove or reinstall the A vonite tops or material costs for the tops. Thank you for your cooperation. Sincerely, rJ" ;1 llyl~ Ct. iL St,vJn A. Chuba Proj ect Manager Copy - file 5L\ 500 S. Marschall Road, Suite 300 Shakopee, MN 55379 www.greystoneconstruction.com Equal Opportunity Employer/Contractor Phone: (952) 496-2227 Fax: (952) 445-4191 . AlA Document G70f" - 2001 Change Order PROJECT (Name and addrcH): 65804 Monticello Public Library Expansion 220 West 6th Street Monticello, Minnesota 55362 TO CONTRACTOR (Name and address): Greystone Construction Company 500 South Marschall Road Shakopee, Minnesota 55379 CHANGE ORDER NUMBER: 00] R DATE: September 29, 2005 OWNER: D ARCHITECT: D CONTRACTOR: 0 FIELD: 0 OTHER: D ARCHITECT'S PROJECT NUMBER: 658U4 CONTRACT DATE: !\'ovember 08,2004 CONTRACT FOR: General Construction THE CONTRACT IS CHANGED AS FOLLOWS: (InclUde, where applicable, any undisputed amount attrihutable to previously executed Construction Change Directives) L Installbook depository Add $4.087.00 2. Changes in Quiet Study#J 13 Deduct $572.00 3. Change to accommodate existing sanitary sewer location Add $2.205.00 4. New power operator on door #100-2 Add $3,723.00 5. Revise soffit in 119 for existing ductwork Add $2,625.00 6. New soffit at removed vault Add $651.00 7. Add bulkhead and revise wall in tol Add $557.00 8"Remove and replace sidewalk; add HDCP ramp Add $767.00 9. Add access panel Add $244.00 10. Add additional lighting to replace existing Add 5929.00 11. Make millwork modificntions per SD12R-14R. SOlS, SD16 Add $6336.00 . T ataI Add 52] ,552.00 I I I I I The original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be unchanged by Zero (O) days. The date of Substnntial Completion as of the date of this Change Order therefore is 649,725.00 0.00 649,725,00 21,522.00 671.277.00 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have beenauthdrized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,.in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER, Kodet Architectural Group Ltd ARCHITECT (Firn, me) DAT . Grevstone Constmction Companv CONTRACTOR (Firm name) 500 South Marschall Road, Shakopee, Minnesota 55 9 ADDRESS City of Monticello OWNER (Firm name) Monticello City Hall, 505 Walnut Street. Monticello, Minnesota 55352-883] ADDRESS BY (Signal ~ Steve Chuba (1)ped name) }J~llt, !/~ BY (Signature) Fred Patch (Typed name) DATE DATE AlA Document G701 1M _ 2001. Copyright @ 1979, 19B7, 2000 and 2001 by The American Institute of Architects. All rights reserved. 1hf" AlA" O;;Uml('t'! ~ ,~;" /.<'\ f..;"" 'J;C' '('\i?'I':'~<{)' l.:FW,i h'i;><\ ;~:f/cdUi;j;'.'n c)f (~i;;tfi"",(;(, DiEuml:<', iJr any p:;t 1i0i , '"i ,,' ,i 'Y;P;'::i-2L n<Gfi;~,1,;d \r" ,,' ilUY';TVn 0)(\h'l V)~. i'i;>:,: "'l';"i )i", This documenl was produced by AlA software aI15:26:05 on 11/14/2005 under Order No.l000165379_1 which expires on 2/24/2006, and is not for resale. User Notes: (2643884800) 1 ss . .____.'.-'c . . . Monticello Library Expansion Change Order #1 Summary ~ ~trfJ 8/24/05 Proposal Request #1 - 1/11/05 Furnish and install thru-wall book depository. Embury, Ltd. Model 950-TW In Room # 122 Book Drop. Book depository shall consist of stainless steel top and cabinet, stainless steel head, and galvanized steel book truck. Center on room Labor: 4MH@$45/br. .............................. $ 180.00 Material: .. ...... ..... ............... ................ .... 3535.00 Subtotal $3,715.00 10% O&P 372.00 TOTAL $4.087.00 Proposal Request #2 - 3/30/05 I) Omit type F frame in Quiet Study #113 2) Omit removal of existing wallpaper in Quiet Study #113 3) Omit painting in Quiet Study #113 4) Omit painting of existing brick on north wall of Hall #125 & Workroom #121 Labor: 8 MH@$45;lrr. .............................. ($360.00) Material: .. ... ..... ... .... ........ .... ................... (]60,00) Subtotal ($520.00) 10% O&P (52.00) TOTAL ($572.00) Proposal Request #3 - 4/14/05 Extend 4" sanitary sewer to actual location between grids D & E. Provide cleanouts extended to grade at all 45 degree bends and provide insulation above all piping where it is located below the sidewalk. Add 60 If@$35/lf. . ......... ... ............ .....,...... 5% O&P TOTAL $2, I 00.00 105.00 $2.205.00 Proposal Request #4 - 4/29/05 Provide new power door operator on door #1 00-2; turn existing operator over to Owner. New operator shall match existing reused operator on exterior pair of doors. Material..,........,....... ..............,.............. 53,546.00 5% O&P 177.00 TOTAL 53.723.00 slo . . . Other Change Order Items Lower soffit from vestibule to service area to match height @ service area 119. Materials .............................................. $ 550.00 Labor: 30 hrs. @ 65ihr. .................. .......... 1,950.00 Subtotal $2,500.00 5% O&P 125.00 TOTAL 52.625.00 Page A7.1, SE corner ofRm. #104. Existing soffit south off that comer does not Exist, approx. 12' in length. Frame, sheetrock, and tape new soffit. Materials..... ........ ....... ......... .................. $ 100.00 Labor: 8 hrs. @65.ihr. .............................. 520.00 Subtotal $620.00 5% O&P 31.00 TOTAL 5651.00 . Add bulkhead and revise wall@computers#101 area. & tape. Materials . . . . . .. .. . .. . . . .. .. ... . .. . . . .. . .. . . .. . . . . .. . .. Labor: 7hrs.@65/hr. ............................... Subtotal 5% O&P TOTAL Frame, sheetrock $ 75.00 455.00 5530.00 27.00 $557.00 . Remove & replace sidewalk, add pavers for handicap ramp Subtotal $730.00 5% O&P 37.00 TOTAL $76700 1 ea. 16" x 24" non-rated access door Labor: 1 hr.@$45/hr. ............................. Material. ......... ............ ......... ...... ......... Subtotal 10% O&P TOTAL $45.00 171.00 $222.00 22.00 5244.00 2 ea. 2x4 drop in fixtures and recessed cans Subtotal 5% O&P TOTAL $885.00 44.00 $929.00 TOTAL CHANGE ORDER #1................................................... $15.216.00 Sl . . . .rtr"'<J"!I"'":t.~",,!![,T.:t"'"'fF1ll'"1~'T"""" lj~:r:~.lUl~n CONSTRUCTION COMPANY October 20, 2005 Kodet Architectural Group, Ltd. 15 Groveland Terrace Mpls., MN 55403-1154 Attn: Bruce Hassig RE: Monticello Library modified millwork proposal Dear Bruce: Per your request, we offer to provide the millwork modifications as required per the sketches provided by you; SOl2R dated 9-26-05, SD13R dated 9-26-05, SDl4R dated 9- 26-05, SD15 dated 7-6-05 and SD 16 dated 7-6-05. Please see the following breakdown of costs for the modifications: Labor (32 manhours @ $45.00 I hr) Material by Northern Woodwork, Inc. Misc. material Sub-Total: 10% overhead & profit Total $1440.00 $4220.00 $100.00 $5760.00 $576.00 $6336.00 I have contacted David Steen at A vonite regarding the replacement of the A vonite tops that have scratched and he plans to have a representative visit the library to inspect the tops and proceed with a resolution. This item will be handled separately. We have not included any labor to remove or reinstall the A vonite tops or material costs for the tops. Thank you for your cooperation. SirltnCerelY, !l ;tt (L St' ~n A. Chuba Project Manager Copy - file S8 500 S. Marschall Road, Suite 300 Shakopee, MN 55379 www.greystoneconstruction.com Equal Opportunity Employer/Contractor Phone: (952) 496-2227 Fax: (952) 445-4191 . :'i?[iiAIX ;'.........'.>j,.f."'..... ~W!~.>f';: p'W'~';. Document G70fM - 2001 Change Order PROJECT (Name and address)' 65804 Monticello Public Library Expansion 220 West 6th Street Monticello, Minnesota 55362 TO CONTRACTOR (Name ond address!: Greystone.Construction Company 500 South Marschal1 Road Shakopee, Minnesota 55379 CHANGE ORDER NUMBER: 001 R DATE: September 29,2005 OWNER: 0 ARCHITECT: 0 CONTRACTOR: 0 FIELD: 0 OTHER: 0 ARCHITECT'S PROJECT NUMBER: 65804 CONTRACT DATE: November 08. 2004 CONTRACT FOR: General Construction THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, an)' undisputed amount attributable 10 previnlt.~ly execured Construction Change Directives) 1.1nstaUbook depository Add $4,087.00 2. Changes in Quiet Study#113 Deduct $572.00 3. Change to accommodale existing sanitary sewer location Add $2,205.00 4. New power operator on door #100-2 Add $3,723.00 5. Revise soffit in I 19 for existing ductwork Add $2,625.00 6. New soffit at removed vault Add $651.00 7. Add bulkhead and revise wall in 101 Add $557.00 8. Remove and replace sidewalk; add HDCP ramp Add $767.00 9. Add access panel Add $244.00 1(). Add additional lighting to replace existing Add $929.00 11. Make millwork moditications per SD12R-14R, SD15. S016 Add 56,336.00 . Total Add $21,552.00 $ $ $ $ $ 649.725.00 0.00 649,725.00 2] ,522.00 671.277.00 The original Contract Sum was The net change by previously authorized Change Orders The Contract Sum prior to tbis Change Order was The Contract Sum will be increased by this Change Order in the amount of The new Contract Sum including this Change Order will be The Contract Time will be unchanged by Zero ( 0 ) days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Kodet Architectural Group Ltd ARCHITECT.(Firm llame) 15 Groveland Terrace Minneapolis, MN 55403-1154 ADDRESS Grevstone Construction Company CONTRACTOR (Firm name) 500 South Marschall Road. Shakopee, Minnesota 55 9 ADDRESS City of Monticello OWNER (Firm name) Monticello City Hall, 505 Walnut Street, Monticello. Minnesota 55352-8831 ADDRESS BY (Signature) Fred Patch (T.vped name) BY (Signature) Edward 1. Kadet. Jr. (Typed name) BY (Signal f Steve Chuba (Typed name) II "'It f.9 S" DATE OATE DATE . AlA Document G701â„¢ 2001. Copyright @1979, 1987,2000 and 2001 by The American Institute of Architects. All rIghts reserved. 'I;1,hrJiUG: Tl",is A!~/' f);;(;Ii'FC' " ",/r;~:i" U::;lun"Jii '~H:'('T~iU';L~)I;~" di:+'i't.;;>,., ,,;;;\' D!,,>;l1";,'~,;, tA VI!\' portH." nccc,:.ouV(! ,,'<);imcF. ,.}~!,'j;l pes;;'b:;:- Ii;'" This document was produced by AlA so1tware at 15:26:05 on 11/14/2005 under Order No.1000165379_1 which expires on 2/24/2006. and is not for resale. User Notes: (2643884800) S~ 1 ..----,...., . . . Monticello Library Expansion Change Order #1 Summary ~ ~ff 8/24/05 Proposal Request #1 1/11/05 Furnish and install thru-wall book depository, Embury, Ltd. Model 950- TW 1n Room #122 Book Drop, Book depository shall consist of stainless steel top and cabinet, stainless steel head, and galvanized steel book truck. Center on room Labor: 4 MH @ $45/hr. .............................. $ 180,00 Material: ,..,..........................',..",.........., 3.535,00 Subtotal $3,715.00 10% O&P 372.00 TOTAL $4.087.00 Proposal Request #2 ~ 3/30/05 I) Omit type F frame in Quiet Study #113 2) Omit removal of existing wallpaper in Quiet Study #113 3) Omit painting in Quiet Study #113 4) Omit painting of existing brick on north wall of Hall #125 & Workroom #121 Labor: 8 MH@$45/hr, .............................. ($360.00) Material: ,............,.... ................,...",....,., (160,00) Subtotal ($520,00) 10% O&P (52,00) TOTAL ($572.00) Proposal Request #3 4/14/05 Extend 4" sanitary sewer to actual location between grids D & E. Provide cleanouts extended to grade at all 45 degree bends and provide insulation above all piping where it is located below the sidewalk. Add 60 If@$35/lf. "..... .........",..,..."....,..,.. 5% O&P TOTAL $2,100,00 105,00 $2.205.00 Proposal Request #4 - 4/29/05 Provide new power door operator on door #100-2; turn existing operator over to Owner. New operator shall match existing reused operator on exterior pair of doors, Material"........ ...."....., ............",.,..,...,.. $3,546,00 5% O&P 177.00 TOTAL S3.773.00 lao . Other Change Order Items Lower soffit from vestibule to service area to match height @ service area 119. Materials .............................................. $ 550.00 Labor: 30hrs.@65/hr. ........................... 1,950.00 Subtotal $2,500.00 5% O&P 125.00 TOTAL $2.625.00 . Page A7.1, SE corner ofRIn. #104. Existing soffit south off that corner does not Exist, approx. 12' in length. Frame, sheetrock, and tape new soffit. Materials....... .......... ........ .... ......... ......... $ 100.00 Labor: 8 hrs. @ 65/hr. ........ ........ ... .... ....... 520.00 Subtotal $620.00 5% O&P 31.00 TOTAL $651.00 . Add bulkhead and revise wall @computers #101 area. Frame, sheetrock & tape. Materials .............................................. $ 75.00 Labor: 7 hrs. @65/hr. .. ............... .............. 455.00 Subtotal $530.00 5% O&P 27.00 TOTAL $557.00 . Remove & replace sidewalk, add pavers for handicap ramp Subtotal 5730.00 5% O&P 37.00 TOTAL $767.00 . 1 ea. 16" x 24" non-rated access door Labor: 1 hr. @ $45/hr. .. ............ ............... Material.. ..... ....... ....................... ......... Subtotal 10% O&P TOTAL $45.00 177.00 $222.00 22.00 $244.00 2 ea. 2x4 drop in fixmres and recessed cans Subtotal 5% O&P TOTAL $885.00 44.00 5929.00 TOTAL CHANGE ORDER #1 ................................................... $15.216.00 . tol . . . .1""11 T"a. ~"W '7'".,.........,"'...... T""-" \j l"..JYI ~.l Ul" n CONSTRUCTION COMPANY October 20, 2005 Kodet Architectural Group, Ltd. 15 Groveland Terrace Mpls., MN 55403-1154 Attn: Bruce Hassig RE: Monticello Library modified millwork proposal Dear Bruce: Per your request, we offer to provide the millwork modifications as required per the sketches provided by you; SD12R dated 9-26-05, SD13R dated 9-26-05, SOl4R dated 9- 26-05, SOl5 dated 7-6-05 and SD 16 dated 7-6-05. Please see the following breakdown of costs for the modifications: Labor (32 manhours @ $45.00 / hr) Material by Northern Woodwork, Inc. Misc. material Sub-Total: 10% overhead & profit Total $1440.00 $4220.00 $100.00 $5760.00 $576.00 $6336.00 I have contacted David Steen at A vonite regarding the replacement of the A vonite tops that have scratched and he plans to have a representative visit the library to inspect the tops and proceed with a resolution. This item will be handled separately. We have not included any labor to remove or reinstall the A vonite tops or material costs for the tops. Thank you for your cooperation. Sincerely, rt, {l. fr- St~J~ A. Chuba Project Manager Copy - file 500 S. Marschall Road, Suite 300 Shakopee, MN 55379 www.greystoneconstruction.com Equal Opportunity Employer/Contractor Phone: (952) 496-2227 Fax: (952) 445-4191 ~~ . . . City Council Agenda - 12/12/05 5H. Consideration to approve ratification of the Fourth Amendment to the License Aereement between the HRA. the Citv. and Rockv Mtn Group LLC. (O.K.) A. Reference and backl!round: The City Council is asked to ratify the Fourth Amendment to License Agreement between the HRA, the City, and Rocky Mtn Group LLC which was executed by all parties on Decembcr 5, 2005. The HRA, the City, and Rocky Mtn Group LLC (the "redeveloper") entered into a License Agreement on September 26, 2005, allowing the redeveloper early entry to Lot I, Block I, Otter Creek Crossing I't Addition for the purpose of final grading and installation of footings. It was anticipated the closing date would occur on or before October 14,2005, conveying the Otter Creek Crossing property from the City to the HRA to the redeveloper. Based on the title commitment, there are a number of title issues which need to be resolved and the redeveloper's attorney and the HRA Attorney are working to resolve these issues. The plat was recorded on September 28, 2005. The First Amendment to the License Agreement simply extended the termination date of the Agreement from October 14 to October 3 1,2005 and allows construction of structural walls and roofing of the minimum improvements as described within the Contract. The Second Amendment to the License Agreement simply extended the termination date of the Agreement from October 31, 2005 to November I 1,2005, extending the early entry for final grading and installation of footings, foundation, structural walls and roofing. The Third Amendment to the License Agreement simply extends the termination date of the Agreement from November II, 2005, to November 30, 2005. The Fourth Amendment to the License Agreement simply extends the termination date of the Agreement from November 30, 2005, to December 9, 2005. WE DID CLOSE ON THE 6TH OF DECEMBER!!!! Fourth Amendment. Dahlheimer's prepared a survey of their 8.6 acres ofland in hopes most of the title objections wouldn't apply to their property. The survey identified a temporary access eascment across the southwesterly tip of the parcel. I asked the HRA Attorney to research the title insurance policy purchased by the City for the closing of the 35 acres from Chadwick to the City and why these items weren't taken care of and to clear them up prior to the next land transaction. One of the purpose of the city owned-land was to provide the applicant with a smooth purchase and lo3 City Council Agenda - 12/12/05 . conveyance process. The Mayor and Administrator have executed two documents, First Amendment to and Partial Release of Temporary Access Easement Agreement and Partial Release of Pre-Development Agreement, is hopes of closing the week ofthe 5th of December. B. Alternative Action: 1. A motion to approve ratification of the Fourth Amendment to the License Agreement between the HRA the City, and Rocky Mtn Group LLC 2. A motion to deny approval ratifying the Fourth Amendment to the Fourth Amendment to License Agreement between the HRA, the City, and Rocky Mtn Group LLC. 3. A motion to table any action. C. Recommendation. The City Administrator and Economic Development Director recommend alternative no. I. Housekeeping item. D. Supportinl!: Data: . Copy ofthe Fourth Amendment to License Agreement. . 2 1oL.\ . . . FOURTH AMENDMENT TO LICENSE AGREEMENT This Fourth Amendment to License Agreement entered into _ day of December, 2005, by and between HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO, a public body corporate and politic under the laws of Minnesota (the "Authority"), the CITY OF MONTICELLO, a Minnesota municipal corporation (the "City") and ROCKY MTN GROUP, LLC, a Minnesota limited liability company (the "Redeveloper"). RECITALS WHEREAS, the Authority and Redeveloper entered into a Purchase and Redevelopment Contract dated as of September 2, 2005 (the "Contract"), under which the authority agreed to convey to Redeveloper certain property described in the Contract as the Redevelopment Property; and WHEREAS, the Authority, City and Developer entered into a License Agreement dated as of September 26, 2005 (the "License Agreement"), under which Redeveloper is granted the right to enter upon the Redevelopment Property prior to transfer of title of the Redevelopment Property to Redeveloper in order to commence site improvements on that property; and WHEREAS, the parties previously extended the Closing Date under the Agreement to October 31, 2005 pursuant to a First Amendment To License Agreement dated as of October 14, 2005 and a Second Amendment To License Agreement dated October 31, 2005 and a Third Amendment to License Agreement dated November 11, 2005; and WHEREAS, despite Redeveloper and Authority best efforts, Redeveloper and Authority have not been able to resolve title issues discovered in that certain Commitment for Title Insurance File No. 25669 First Supplemental issued by Commercial Partners Title, LLC; and WHEREAS, Authority is willing to further extend the Closing Date and extend the early entry for final grading and installation of footings to installation of foundation, structural walls and roofing to December 9, 2005. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties hereto agree that the Fourth Amendment to License Agreement is hereby amended as follows: 1. Extension of Tirne. The termination date under Section 10(b) of the License Agreement is extended to December 9,2005; and the Closing date under the Contract, previously extended under Section 11 of the License Agreement and the First, Second and Third Amendment thereto is extended to December 9, 2005, NKE-271795vl MN190-121 IoS . . . 2. No Other Changes. Except as specifically modified herein, the License Agreement shall remain unchanged and in full force and effect. (The remaining page left intentionally blank) ~~ . . . IN WITNESS WHEREOF the undersigned have executed this instrument the day and date first written. HOUSING AND REDEVE AND FOR THE CITY F =>< ~' By ~.rr. Its Chm . ('\ {', By: ~~-.J-.J ~tf\ '-' ~'_"'>/~= Its Executive Director NKE-271795vl MN190-121 toJ . . . CITY OF MONTICELLO By: {~'U We' Its~ ' BY~~ ~~ Its City Administrato NKE-271795vl MN190-121 lo~ . . . ROCKY MTN GROUP, LLC By: Its Chief Manager NKE.271795vl MN190-121 lo9. . . . CONSENT OF INTERMEDIARY The undersigned, as assignee of Rocky Mtn Group, LLC under the Replacement Properly Assignment Agreement dated September 6, 2005, consents to the foregoing Fourth Amendment License Agreement among the City of Monticello, the Housing and Redevelopment Authority in and for the City of Monticello and Rocky Mtn Group, LLC. Dated: ROCKY MTN EXCHANGE HOLDING COMPANY 25254, LLC By: Its Chief Manager NKE-27 1 795vl MN190-!2! 10 . . . 51. City Council Agenda - 12/12/05 Consideration to adopt a resolution reuuestinl! desil!nation of the Monticello EDA as a local development orl!anization. (O.K.) A. Reference and backl!round. The City Council is asked to adopt a resolution requesting designation of the Monticello Economic Development Authority (EDA) as a local development organization (LDO). At the October EDA meeting, the commissioners made a motion to research establishment and preparation of criteria for re-use of the Federal dollars from the TCDC loan. Of the estimated $595,747 principal and interest payback due by the balloon payment date of June 2007, approximately $300,000 has been paid back. The EDA motion included the suggested terms of 0% interest rate with balloon payment in three years or up to 3% below prime rate with balloon payment in five years. The designation of the EDA as a LDO and the suggested terms are a means to encourage use of the restrictive funds and as another tool for marketing the Monticello Business Center. In conversation with Carol Pressley-Olson, Minnesota Department of Employment and Economic Development (DEED), the City Council needs to pass a resolution requesting designation of a local EDA to be a Local Development Organization (LDO). The resolution is then send to DEED for approval, and DEED sends wTitten approval if guidelines met. The City transfers the federal funds to the LDO. On the first re-use of the funds, the LDO has to comply with the federal regulations. On the next re-use, the federal requirements do not apply. The LDO does not have to report to DEED. The LDO guidelines (next agenda item) are submitted to DEED along with the resolution. DEED encourages the LDO to use funds for similar activities but without federal requirements. Within the resolution provided by DEED, it states: If the City retains the funds and their repayment, the funds retain the federal designation and guidelines, forever. The Council should also recognize the City gives up control over the funds and cannot recall the funds from the LDO. However. according to the Greater Monticello Enterprise Fund Guidelines, the City Council must ratify the approval of all EDA approved loans. B. Alternative Action: I. A motion to adopt a resolution requesting designation of the Monticello EDA as a local development organization. I '/t . City Council Agenda - 12/12/05 2. A motion to deny adoption of a resolution requesting designation of the Monticello EDA as a local development organization. 3. A motion to table any action. C. Recommendation: The City Administrator and Executive Director recommend Alternative No. I. Special Condition within the Grant Agreement between the City and DEED reads: Principal and interest payment ji-om the loan to Twin City Die Castings Company must be used to establish and maintain a revolving loan fund. The Council still ratifies all EDA approved loans and after the first re-use of the Federal dollars, the Federal regulations will no longer apply if the EDA is designated as the LDO. D. SUDDortinl! Data: Copy of resolution and information from DEED. . . 2 ld . . . RESOLUTION NO. RESOLUTION OF CITY OF MONTICELLO REQUESTING DESIGNATION OF THE MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY AS A LOCAL DEVELOPMENT ORGANIZATION WHEREAS, The City of Monticello (the" federal funds; and, ") would like to better utilize the Small Cities WHEREAS, if the City of Monticello retains these funds and their repayment, the funds retain the federal designation and guidelines forever; and, WHEREAS, the City of Monticello by resolution, can request from the Minnesota Department of Employment and Economic Development (MNDEED), authorization to transfer Small Cities Development Program Economic Development Set-Aside funds to a Local Development Organization (LDO); and WHEREAS, The Monticello Economic Development Authority is interested in being designated as an LDO and is a non-profit organization serving the community and economic development needs of a non-entitlement area; and WHEREAS, The Monticello Economic Development Authority has adopted procedures and guidelines for the use of the federal funds, the repayment of the federal funds plus any interest accrued, earned or paid thereon. NOW THEREFORE, BE IT RESOL VED by the City of Monticello that the City hereby requests approval from MNDEED to designate the Monticello Economic Development Authority as a Local Development Organization (LDO), serving the community and economic development needs of the City and, therefore authorize them to receive the repayments from the SCDP Set-Aside Loan to ,and/or (a portion of the federal SCDP funds in the existing Revolving Loan Fund). I CERTIFY THAT the above Resolution was adopted by the City Council of the City of Monticello on this day of 2005. SIGNED: WITNESSED: Name/Title Name/Title 13 . . ;/< . MNDEED/Business Finance Office Small Cities Set Aside Funds Program Income/Revolving Loan Fund 7Il2/02 Program Income: The total of all SCDP repayments received by a Grantee in a program year. Program year is defined as September 30 - October I, which follows the federal calendar. If the program income is $25,000 per program year (principal and interest or repayment from a housing or commercial rehab activity) or less it can be considered miscellaneous income and the Grantee may use the funds as [I' they were from their own general fund. Of course we would encourage them to use it for community and economic development activities but none of the federal program requirements apply, Revolving Loan Fund: SCDP program income funds are sheltered for economic development activities if a Grantee receives more than $25,000 per program year. All repayments (principal and interest, including the first $25,000) are to be placed in a revolving loan fund by the Grantee and federal regulations apply on the reuse, Local Development Organization: a non-profit organization carrying out the community and economic development activities of a community that is eligible under the State SCDP federal regulations to receive federal funds from a Grantee for purposes stated, Two processes for transfer of SCDP funds to a Local Development Organization: -Grantee applies for a federal grant for a business, Grantee's council passes a resolution requesting approval to designate a local, non-profit organization (EDA, HRA, etc,) as a Local Development Organization (LDO), City sends request to OTED for approval. DTED sends written approval. Grant awarded, Grant agreement includes statement that LDO will make loan to business, Grantee requests payment from DTED based on invoices from LDO and business, Grantee gives funds to LOO, LOO writes check to business, Repayments come back to LDO and into LOO account. The federal requirements have been met on the tirst loan to business so LOO does not have to comply with federal requirements on the reuse, We ask for policies and procedures and encourage them to use funds for similar activities but without federal requirements attached, No report comes to OTEO, Because the LOO is a quasi-government agency they will be reporting to city council on all their activities. -Grantee has a federal revolving loan fund, The city council passes a resolution requesting designation of a local EOA, HRA, etc. to be an LOO, Sends request to OTEO for approval. OTED sends writtcn approval if guidelines met. Grantee transfers specified amount of federal funds to LOO, On the lirst re-use of the funds, the LOO has to comply with the federal regulations, On the next re-use, the federal requirements do not apply, Grantee's LDO does not have to report to DTED, We ask LOO for policies and proccdurcs and encourage them to use funds for similar activities but without federal requirements attached. 1'--\ . Page 2 When a Grantee received authorization to designate an organization as an LDO and transfers federal funds to the LDO, the Grantee cannot recall the funds and they cannot instruct the LDO on how to Lise the tLmds. The reality is that the EDA or HRA do work with the city to set up goals for the year and therefore are involved with ensuring the funds are used for community and economic development activities in the City. ATTACHMENTS: Sample Resolution for City Council Sample Agreement between City and LDO for: administration of new project funded by DTED. Sample Request to MNDTED FOR LDO Designation Sample Approval Letter from MNDEED . Guide to National Objectives and Eligible Activities for State CDBG Funds; Page 2-68, Categories of Eligible Activities. 24 CFR 570.489 (e)(2)(ii) Revised 2/1 0/03 Revised 3/6103 Revised 7/17/03 . l5 . . . 5J. City Council Agenda - 12/12/05 Consideration to aoorove the orooosed modifications to the Monticello EDA-GMEF Guidelines. (O.K.) A. Reference and backl!round. In the previous agenda item, the Council adopted a resolution requesting designation of the Monticello Economic Development Authority (EDA) as a local development organization (LDO); therefore, the Council is asked to approve the proposed modifications to the Monticello EDA-Greater Monticello Enterprise Fund (GMEF) Guidelines. Per the GMEF Guidelines: No changes to the Guidelines shall be instituted without prior approval of the City Council. The proposed modifications to the guidelines apply only to the first re-use of the Federal dollars from the TCDC loan estimated at about $600,000. The modifications include modified interest rates and balloon payment dates and other requirements for use of Federal dollars (See page 7, Section V. of attached EDA Business Subsidy Criteria.) The EDA suggested terms of 0% interest rate with balloon payment in three years or up to 3% below prime rate with balloon payment in five years. The suggested terms are a means to encourage use of the restrictive funds and as another tool for marketing the Monticello Business Center. In conversation with EDA Attorney Bubul, it was his recommendation to modify the existing GMEF Guidelines to include the terms suggested by the EDA and the Federal regulations. The other option was to draft new guidelines. Here is an example of the low to moderate income requirement: 51 % of jobs must be made available to or held by low to moderate income (LMI) persons. If criteria states $10,000 for each job and it is estimated the EDA will have $600,000 from the TCDC payback, an applicant must create or retain at least 60 jobs and at least 51 % or 31 jobs must be available or held by LMI. According to the Minnesota Statutes, any amendments to the business subsidy criteria are subject to public hearing requirements. A public hearing notice appears in the Monticello Times, noticing the EDA meeting of Tuesday, December 13, 2005, to consider approval of the amendments. It's somewhat confusing as modifications to the Guidelines must be approved by the Council and since the Guidelines as located within the EDA Business Subsidy Criteria, the EDA must hold a public hearing to amend the Criteria. Following the Council and EDA meetings and assuming all is approved, a copy ofthe resolution, modified guidelincs, and a lctter ofrequest to the State will be mailed to Department IS City Council Agenda - 12/12/05 . of Employment and Economic Development (DEED )for approval. After written approval by DEED, the FDA can market and implement the fe-use of the Federal dollars. B. Alternativc Action: I. A motion to approve the proposed modifications to the Monticello EDA-GMEF Guidelines. 2. A motion to deny approval to the proposed modifications to the Monticello EDA- GMEF Guidelines. 3. A motion to table any action. C. Recommendation: The City Administrator and Executive Director recommend Alternative No. 1 as this encourages re-use of Federal dollars (restrictive funds.) D. Suooortinl!: Data: . Copy of proposed modifications to the GMFF Guidelines. . 2 l~ . . . 'S"q. S.!Lu-+t(~ \) , ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO, MINNESOTA Business Subsidy Criteria Public Hearing and Adoption the 31 sf day of August, 1999 Public Hearing and Adoption of Amendments the 8th day of November, 2000 Public Hearing and Adoption of Amendments the 24th day of April, 2001 I. PURPOSE I :01 The purpose of this document is to establish the Economic Development Authority's criteria for granting of business subsidies, as defined in Minnesota Statutes 1161.993, Subdivision 3, for private development. This criteria shall be used as a guide in processing and reviewing applications requesting business subsidies. 1 :02 The criteria set forth in this document are guidelines only. The Economic Development Authority reserves the right in its discretion to approve business subsidies that vary from the criteria stated herein if the Economic Development Authority determines that the subsidy nevertheless serves a public purpose. The Authority will file evidence of any deviation from these criteria with the Department of Trade and Economic Development in accordance with Minnesota Statues, Section 1161.994, Subd. Z. 1 :03 The Economic Development Authority may amend the business subsidy criteria at any time. Amendments to these criteria are subject to public hearing requirements pursuant to Minnesota Statutes, Sections 1161.993 through 1161.994. 2. STATUTORY LlMlTA TlONS 2:01 In accordance with the business Subsidy Criteria, Business Subsidy requests must comply with applicable State Statutes. The Economic Development Authority ability to grant business subsidies is governed by the limitations established in Minnesota Statutes 1161.993 through 1161.994. 3. PUBLlC POLley REQUIREMENT 3:01 All business subsidies must meet a public purpose in addition to increasing the tax base. lob retention may only be used as a public purpose in cases where job loss is imminent and demonstrable. II 4:01 All new projects approved by the Economic Development Authority should meet the following minimum approval criteria. However, it should not be presumed that a project meeting these criteria will automatically be approved. Meeting these criteria creates no contractual right on the part of any potential developer or the Economic Development Authority. . EDA Business Subsidy Criteria 4. BUSINESS SUBSIDY APPROVAL CRITERIA 4:02 The project must be in accord with the Comprehensive Plan and Zoning Ordinance, or required changes to the plan and ordinances must be under active consideration by the City at the time of approval. 4:03 Prior to approval of a business subsidies financing plan and when deemed appropriate by the Economic Development Authority, the developer shall provide any required market and financial feasibility studies, appraisals, soil boring information provided to private lenders for the project, and other information or data as requested. 4:04 A recipient of a business suhsidy must make a commitment to continue operations at the site where the subsidy is used for at least five years after the benefit date. . 4:05 (Recipients of any business subsidy will be required to meet wage and job goals determined by the Economic Development Authority on a case-by-case basis, giving consideration to the nature of the development the purpose of the subsidy, local economic conditions, and situational circumstances.) The Economic Development Authority may determine after a public hearing that job creation or retention is not a goal of the subsidy. In those cases, the recipient must instead meet at least one of the following minimum requirements (in addition to all other criteria in this document other than those relating to jobs and minimum wages): (1) The proposed subsidy must accomplish removal, rehabilitation or redevelopment of "blighted areas" as defined in Minnesota Statues, Section 469.002, Subd.11, or must constitute a cost of correction conditions that allow designation of redevelopment districts under Minnesota Statues, Sections 469.174 to 469.179; or (2) The proposed subsidy must result in improvements to public infrastructure or public facilities, including without limitations, sewers storm sewers, streets, parks, recreational facilities, and other City facilities; or (3) The proposed subsidy must remove physical impediments to development of . land, including without limitation poor soils, bedrock conditions, steep slopes, or similar geotechnical problems. DAWNMlORD/POUC1ES: 10/30/00 2 '"18 . . . EDA Business Subsidy Criteria 4:06 For any business subsidy that does not meet the requirements of Section 4:05, the recipient must create or retain jobs as detelmined by the Economic Development Authority, as must meet the minimum wage thresholds, described in Section 5:03, Greater Monticello Enterprise Fund Guidelines, 1.(b) (whether or not the source of the subsidy is tax increment financing). 5. GREATER MONTICELLO ENTERPRISE FUND PROJECT EVALUATION CRITERIA 5:01 The Economic Development Authority will utilize the Greater Monticello Enterprise fund to support the community's long-term economic goals. 5:02 Each Greater Monticello Enterprise Fund subsidy will be analyzed and evaluated by the Economic Development authority. Each project shall be measured against the general criteria in Sections 1 through 4 and the specific criteria in this Section 5 applicable to the Greater Monticello Enterprise Fund subsidies. 5:03 Following are the evaluation criteria that will be used by the Economic Development Authority: I~ 3 DAWN/WORD/POLICIES: 10/30/00 . EDA Business Subsidy Criteria GREATER MONTICELLO ENTERPRISE FUND GUIDELINES CITY OF MONTICELLO 505 WALNUT STREET, SUITE #1 MONTICELLO, MINNESOTA 55362 (763) 271-3208 INTRODUCTION The purpose of the Greater Monticello Enterprise Fund (GMEF) is to encourage economic development by supplementing conventional financing sources available to existing and new businesses. Through tilis program administered by the Economic Development Authority and participating lending institution(s), loans are made to businesses to help them meet a portion of their financing needs. All loans must serve a public purpose by complying with four or more of the criteria noted in the next section. In all cases, it is m<mdatory that criteria # 1 be satisfied, which requires tile creation of new jobs. It is the responsibility of the EDA to assure that loans meet the public purpose standard and comply with all other GMEF policies as defined in this document. Along with establishing the definition of public purpose, this document is designed to outline the process involved in obtaining GMEF financing. DEFINITION OF PUBLIC PURPOSE 1. To provide loans for credit worthy businesses that create new jobs. . 2. . 5. 6. (a) One job is equivalent to a total of37.5 hours per week. (b) At least 90% of the jobs created must pay a wage of the higher of $9.00 per hour, or at least 160% of the federal minimum wage, exclusive of benefits, for individuals over the age of 20 during the term of the assistance. Annual written reports are required until termination date. Failure to meet the job and wage level goals require partial or full repayment of the assistance with interest. To provide loans for credit worthy businesses that would increase the community tax base. , o. To assist new or existing industrial or commercial businesses to improve or expand their operations. Considerations for loans shall take into account factors including, but not limited to. the nature and extent of the business, the product or service involved, the present availability of the product or service within the city of Monticello, the compatibility ofthe proposed business as it relates to tile comprehensive plan and existing zoning policies, and the potential for adverse environmental effects of the business, ifany. 4. To provide loans to be used as a secondary source of financing that is intended to supplement conventional financing (bank financing). To provide loans in situations in which a funding gap exists. To provide funds for economic development that could be used to assist in obtaining other funds such as Small Business Administration loans, federal and state grants, etc. 4 %G DAWNiWOROiPOLlCIES 1C/30/DD . . . EDA Business Subsidy Criteria THE GREATER MONTICELLO ENTERPRISES REVOLVING LOAN FUND POLICIES I. BUSINESS ELIGIBILITY * Industrial businesses Non-competitive commercial businesses which enhance the community Businesses located within the city of Monticello Credit worthy existing businesses Non-credit worthy start-up businesses with worthy feasibility studies (Deny all historical non-credit worthy businesses) $10,000 loan per each job created, or $5,000 per every $20,000 increase in property market valuation, or $5,000 per every $20,000 increase in personal property used for business purposes, whichever is higher. * * " * * II. FINANCING METHOD * COMP ANION DIRECT LOAN - Example: Equity 20%, RLF 30%, and bank 50%. (All such loans may be subordinated to the primary lender(s) if requested by the primary lender(s). The RLF loan is leveraged and the lower interest rate of the RLF lowers the effective interest rate on the entire project.) * PARTICIPA TION LOAN _ RLF buys a portion ofthe loan (the RLF is not in a subordinate position, no collateral is required by the RLF, and the loan provides a lower interest rate). " GUARANTEE LOANS _ RLF guarantees a portion ofthe bank loan. (Personal and real estate guarantees hm1dled separately.) III. USE OF PROCEEDS * Real property acquisition and development Real property rehabilitation (expansion or improvements) Machinery and equipment * * IV. TERMS AND CONDITIONS " LOAN SIZE - Minimum of$5,000 and maximum not to exceed 50% of the remaining revolving 10311 fund balance; for example, if the remaining revolving loan fund balance is $50,000, the maximum loan issuance is $25,000. * LEVERAGING - Minimum 60% private/public non-GMEF Maximum 30% public (GMEF) Minimum 10% equity EDA loan DAWN/WORD/POLICIES: 10/30100 5 '8'\ EDA Business Subsidy Criteria . * LOAN TERM - Personal property term not to exceed life of equipment (generally 5-7 years). Real estate property maximum of 5-year maturity amortized up to 30 years. Balloon payment at 5 years. , INTEREST RATE- Fixed rate not less than 2% below Minneapolis prime rate. Prime rate per National Bank of Mirmeapolis on date of ED A loan approval. , LOAN FEE - Minimum fee of $200 but not to exceed 1.5% of the total loan project.' Fees are to be documented and no duplication of fees between the lending institution and the RLF. Loan fee may be incorporated into project cost. EDA retains the right to reduce or waive loan fee or portion ofloan fee. 'Fee to be paid by applicant to the EDA within 5 working days after City Council approval of GMEF loan. Nonrefundable. , PREP A YMENT POLICY - No penalty for prepayment. . , DEFERRAL OF PA YMENTS - 1. Approval of the EDA membership by majority vote. 2. Extend the balloon if unable to refinance, verification letter from two lending institutions subject to Board approval. , LATE PAYMENT Failure to pay principal or interest when due may POLICY result in the loan being immediately called. In addition to any other amounts due on any loan, and without waiving any right of the Economic Development Authority under any applicable documents, a late fee of $250 will be imposed on any borrower for any payment not received in full by the Authority within 30 calendar days of the date on which it is due. Furthermore. interest will continue to accrue on any amount due until the date on which it is paid to the Autbority, and all such interest will be due and payable at the same time as the amount on which it has accrued. , INTEREST LIMIT A TION ON GUARANTEED LOANS - Subject to security and/or reviewal by EDA. . , ASSUMABILlTY 6 'S d DAWNfWORD/POLlC1ES: 10/30100 . . . EDA Business Subsidy Criteria OF LOAN - None. * BUSINESS EQUITY REQUIREMENTS - Subject to type ofloan; Board of Directors will determine case by case, analysis under normal lending guidelines. * COLLATERAL- * Liens on real property in project (mortgage deed). Liens on real property in business (mortgage deed) . Liens on real property held personally (subject to Board of Directors - homestead exempt). Machinery and equipment liens (except equipment exempt from bankruptcy). Personal and/or corporate guarantees (requires unlimited personal guarantees). * * * * * NON-PERFORMANCE - An approved GMEF loan shall be null and void if funds are not drawn upon or disbursed within 180 days from date of ED A approval. * NON-PERFORMANCE EXTENSION - The 180-day non-performance date can be extended up to an additional 120 days. 1. A written request is received 30 days prior to expiration of the 180-day non-performance date. 2. Approval of the EDA membership by majority vote. * LEGAL FEE - Responsibility of the GMEF applieant. The Greater Monticello Enterprise Fund is operated as an equal opportunity program. All applicants shall have equal aecess to GMEF funds regardless of race, sex, age. marital status. or other personal characteristics. (!) ADDITIOKAL CRITERIA FOR LOANS ORIGINATING THROUGH SMALL CITIES ECONOMIC DEVELOPMENT SET-ASIDE GRANT FUNDS * Compliance with federal labor standards laws, including: The Davis-Bacon Act, which requires that workers receive no less than the prevailing wages being paid for similar work in the loeality when the contract. financed in whole or part with federal funds, exceeds $2,000; 7 ?3 DAWN/WORD/POLICIES: 10/30/00 . . . EDA Business Subsidy Criteria The Contract Work Hours and Safety Standards Act, which requires thatworkers receive overtime compensation at a rate of 1 - 1 /2 times their regular wage after they have worked 40 hours in one week; The Copeland "Anti-Kickback" Act, which requires that workers be paid at least once a week without any deductions or rebates except permissible deductions which include taxes, deductions the worker authorizes and those required by court processes. * Compliance with federal fair housing and civil/human rights laws and with the Milmesota Human Rights law, which forbids discrimination in credit, employment, housing, public accommodations, public service and education on the basis of race, color, creed, religion, national origin, sex, marital status, disability, sexual orientation, public assistance or familial status. * Compliance with the Low and Moderate Income (LMI) Benefit National Objective, which, in the economic development context, has as its goal the creation and retention of jobs, of which a minimum of 5 1 % must be held by LMI persons, defined as a member of a family having an income less than or equal to the Section 8 low-income limit established by the U.S. Department of Housing and Urban Development (HUD). * Compliance with requirements of the National Environmental Policy Act (NEPA) of 1969, as amended, and preparation of an Environmental Review Record. * Compliance with Section 104(d) of the federal Housing and Community Development Act of 1974, as amended, which requires that any reduction in LMI dwelling units in the community must be offset by the creation of similar affordable units and relocation assistance to displaced LMI families; and with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, which mandates procedures to ensure fair and equitable treatment for persons displaced by projects designed for the public good. * Terms and conditions for federal money: _ Interest Rate: 0% with balloon payment in three years or fixed rate not less than 3% below Minneapolis prime rate with balloon payment in five years. _ All other terms and conditions are as outlined in The Greater Monticello Enterprises Revolving Loan Fund Policies, Section IV, above. DAWN/WORD/POLICIES: 10/3D/DO 8 '8'LJ EDA Business Subsidy Criteria . ORGANIZATION The Greater Monticello Enterprise Fund is administered by the City of Monticello Economic Development Authority (EDA), which is a seven-member board consisting of two Council members and five appointed members. EDA members are appointed by the Mayor and confirmed by the City Council. Formal meetings are held on a quarterly basis. Please see the by-laws of the EDA for more information on the structure of the organization that administers the Greater Monticello Enterprise Fund. PARTICIPATING LENDING INSTITUTIONIS) I. Participating lending institutions(s) shall be determined by the GMEF applicant. 2. Participating lending institution(s) shall cooperate with the EDA and assist in carrying out the policies of the GMEF as approved by the City Council. 3. Participating lending institution(s) shall analyze the formal application and indicate to the EDA the level at which the lending institution will participate in the finance package. LOAN APPLlCA TIONI ADMINISTRATIVE PROCEDURES . The EDA desires to make the GMEF loan application process as simple as possible. However. certain procedures must be followed prior to EDA consideration of a loan request. Information regarding the program and procedurcs for obtaining a loan are as follows: Citv Staff Duties: The Economic Development Director, working in conjunction with the Assistant City Administrator, shall carry out GMEF operating procedures as approved by the EDA and Council. Staff is responsible for assisting businesses in the loan application process and will work closely with applicants in developing the necessary information. Application Process: I. Applicant shall complete a preliminary loan application. Staff will review application for consistency with the policies set forth in the Greater Monticello Fund Guidelines. Staff consideration of the preliminary loan application should take approximately one week. Staff will ask applicant to contact a lending institution regarding financing needs and indicate to applicant that further action by the EDA on the potential loan will require indication of support from a lending institution. 2. If applicant gains initial support from lending institution and if the preliminary loan application is approved, applicant is then asked to complete a formal application. If the preliminary loan application is not approved by staff, the applicant may request that the EDA consider approval of the preliminary application at the next regularly scheduled meeting of the EDA. . 9 05 DAWN/WORD/POLICIES. i0130/00 EDA Business Subsidy Criteria - , J. If the preliminary loan application is approved, applicant shall complete a formal application. Formal application shall include a business plan which will include its management structure. market analysis, and financial statement. Like documentation necessary for obtaining the bank loan associated with the proposal is acceptable. Attached with each formal application is a written release of information executed by the loan applicant. 4. City staff will meet with applicant and other participating lender(s) to refine the plan for financing the proposed enterprise. 5. City staff shall analyze the formal application and financial statements contained therein to determine if the proposed business and finance plan is viable. Staff may, at its discretion, accept the findings of a banking institution regarding applicant credit and financial viability of the project. After analysis is complete, City staff shall submit a written recommendation to the EDA. A decision regarding the application shall be made by the EDA within 60 days of the submittal of a completed formal application. 6. The EDA shall have authority to approve or deny loans; however, within 21 days of ED A approval, the City Council may reverse a decision by the EDA to approve a loan if it is determined by Council that such loan was issued in violation of GMEF guidelines. 7. Prior to issuance of an approved loan, the City Attorney shall review and/or prepare all contracts, legal documents, and intercreditor agreements. After such review is complete, the City shall issue said loan. - ORIGINAL REVOLVING LOAN FUNDING "LETTER OF CREDIT" FROM MONTICELLO CITY COUNCIL - $200,000 SOURCE - City Liquor Store Fund City shall transfer needed loan amount from existing accounts at such time that individual loans are approved. Revenue created through this program shall be under the control of the EDA and shall not be transferred to City funds unless the City Council determines that reserves generated are not necessary for the successful operation of the Authority. If such is the case, such funds must be transferred to the debt service funds of the Citv to be used solelv to reduce tax levies for bonded . " indebtedness of the City (see Section 5 B of the ordinance establishing the Monticello EDA). REPORTING 1. Staff shall submit quarterly summaries and/or annual report detailing the status of the Monticello Enterprise Fund. FUND GUIDELINES MODIFICATION -I. At a minimum, the EDA shall review the Fund Guidelines on an annual basis. No changes to the GMEF guidelines shall be instituted without prior approval of the City Council. 810 10 DAWNfWORD/POlICIES. 10/30100 . . . EDA Business Subsidy Criteria LOAN ADMINISTRATION 1. City staff shall service City loan, shall monitor City position with regard to the loan, and shall assure City compliance with intercreditor agreement. 2. All loan documents shall include an intercreditor agreement which must include the following: A. Definition ofloan default, agreements regarding notification of default. B. Agreements between lending institution and City regarding reproduction of pertinent information regarding the loan. 3. All loan documentation shall include agreements between borrower and lenders regarding release of privacy regarding the status of the loan. 11 ?sl DAWNMJOROiPOllCIES.1Di30l00 Building Permit Fees Building materials Construction labor Landscaping Grading Curbing/Parking Lot EngineerlDesign Inspection Fees Architect Fees Soil borings Appraisal Fees Legal Fees Environmental Study Recording Fees Title Insurance . Under the GMEF Guidelines use of proceeds for real property acquisition and development, real property rehabilitation (expansion or improvements) and machinery and equipment. The following commentary is intended to assist developers with those costs typically considered eligible: Real Property ACQuisition and Improvement Costs Land Acquisition Machinery and Eauipment Costs Personal property used as an integral part of the manufacturing or commercial business, with a useful life of at least three years. Acquisition costs would include freight and sales taxes paid. As a general rule, office equipment would not qualify. . . ~o --- . . . City Council Agenda - 12/12/05 5K. Consideration to adopt a resolution callinl! for a public hearinl! bv the City Council on the proposed modification to the TIF Plan for TIF District No. 1-6, a Redevelopment District. (Raindancel (O.K.) A. Reference and backl!round: In a letter from the Office of the State Auditor dated September 21, 2005, they asked to explain why TIF District No. 1-6 was not decertified and the excess increment returned to the county? The 2004 TIF Report indicates a $172,183 cash on hand and a $70,000 outstanding debt. The HRA's October 7, 2005, response was: The outstanding bond payments are made in accordance to the Bond and Interest Payment Record. Additionally, there are outstanding projects to be completed; therefore, the TIF District has not been decertified. District No. 1-6, a Redevelopment District, was certified in 1985 and the required decertification date is 2013 or another eight years. The district assisted the developer (Raindance) with the acquisition, soil corrections, and public street improvement costs associated with the Maus Foods project. The original bond amount was $350,000. This District and District No. 1-5 (Construction 5) are pre-May I 990 districts meaning tax increment can be spent anywhere within the project boundaries (Central Monticello Redevelopment Project No.1.) The modification of the TIF Plan is to enlarge the district budget which requires the same process as to establish a new district. This will allow the HRA to maximize the tax increment rather than decertify and return excess increment to the county. At this time, the attached resolution simply requests the Council to set a public hearing date of February 13, 2006. B. Alternative Action: 1. A motion to adopt a resolution calling for a public hearing by the City Council on the proposed modification to the TIF Plan for TIF District No. 1-6. 2. A motion to deny adoption of a resolution calling for a public hearing by the City Council on the proposed modification to the TIF Plan for TIF District No. 1-6. 3. A motion to table any action. '6'1. City Council Agenda - 12/12/05 . c. Recommendation: As this has long been the intent of the HRA to maximize the tax increment from this district, the City Administrator and Executive Director recommend alternative no. ]. D. SUDDortinl!: Data: Resolution for adoption, schedule, and distribution list. . . ') ~ qo . . . CITY OF MONTICELLO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT 1-6 (A REDEVELOPMENT DISTRICT) BE IT RESOLVED by the City Council (the "Council") for the City of Monticello, Minnesota (the "City"), as follows: Section I. Public Hearing. This Council shall meet on February 13,2006, at approximately 7:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 1-6, (a redevelopment district), (the "Modification"), all pursuant to and in accordance with Minnesota Statutes, Sections 469.00 I to 469.047, and Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas with in the City~ and Section 2. Notice of Public Hearing, Filing of Modification. City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare the Modification and to forward documents tothe appropriate taxing jurisdictions including Wright County and Independent School District No. 882. The City Administrator is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to February 13, 2006, and to place a copy of the Modification on file in the City Administrator's office at City Hall and to make such copy available for inspection by the public. Dated: December 12, 2005 Adopted: Clint Herbst, Mayor ATTEST: Rick Wolfsteller, City Administrator q\ SCHEDULE OF EVENTS MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY AND THE CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA FOR THE PROPOSED MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-6 (a redevelopment district) . December 7, 2005 December] 2,2005 December 27,2005 January] 3, 2006 January J, 2006 . January 30, 20U6 February I, 2006 February 2, 2006 February 7, 2006 February 13,2006 HRA requests that the City Council call for a public hearillg on the proposed Modification to the Tax Increment Financing Plan for Tax Increment Financing District No. 1-6. City Council calls for public hearing on the proposed Modification to the Redevelopment Plan for Central Monticello Redevelopment Project NO.1 and the Project information (property identification numbers and legal descriptions, detailed project description, maps, but/for statement, and list of sources and uses of funds) for drafting necessary documentation sent to Ehlers & Associates. Fiscal/economic implications received by School Board Clerk and County Auditor (at least 30 days priOlO to public hearing). [Ehlers & Associates willfax & mail by January J J, 2006.} Letter I-eceived by County Commissioner giving notice of a modification to the redevelopment tax increment financing district (at least 30 days prior to publication of public hearing notice.) [Ehlers & Associates will filX and mail by December 30. 2006.j Ehlers & Associates conducts internal review of Modification to determine if they are in compliance with Citis comprehensive plan. HRA considers the Modification and aclopts a resolution approving the Modification. Date of publication of hearing notice and map (at least 10 days but not more than 30 days prior to hearing). [Monticello Times publica/ion deadline, January 27, 2006 - Ehlers & Associates will e-mail notice and map to newspaper by January 27, 2006] Planning Commission reviews Modification. City Couocil holds public hearing at 7:00 P.M. on a Modification to the Tax lncrel11ent Financing Plan for Tax Increment Financing District No. 1-6, and passes resolution approving the Modification. fEhlers & Associates will em-ail Council packet infbrmationto the City by February 6, 2()O6.} Ehlers & Associates files Modification with the MN Department of Revenoe and the Office of the State Auditor, and requests certification of the TIF District with Wright County. **B"ecause the City staff believes that the prorosed tax increment district will not require unplanned county road improvements. the fIr Plan was not r(Hwar~led.t~ the County Board ~5 c1a:vs prior to the public heaflng. The County Board. by law, has 4S days to rC~le'vv the plan to, determine If any county ro::ads wdl be Impacted b~ the development. Please he 8ware that the County Board cou1L1 claIm that tax Illcremenl should be L1sed for county roads. even afler the publlC hearing. An actlon Ul;der subdivision l. paragraph (a). contesting the validity ora determination by an authority under section 469. 175, subdiVISIOn J. must be commenced Within the later of: . (1) 180 days after the municipality's 8pproval under seclion 469.175. subdivision 3: or (2) YO days aftl:r the request for certification of the district is filed with the county auditor under section 469.177, subdivision I e EHLERS ''''"''''''''"0 qJ . . . DISTRIBUTION LIST MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY AND THE CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA FOR THE PROPOSED MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-6 (a redevelopment district) CITY: Ollie Koropchak City of Monticello 505 Walnut Street, Suite 1 Monticello. MN 55362-8831 Steve Bubul Kennedy & Graven, Chanered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402-]458 DEVELOPMENT COUNSEL: Toddl-lagen tha2:enWJeh lers-illc.com DEVELOPMENT ADVISOR: Mark Ruff mark@ehlers-inc.com Nikki Shannon nshannonw>eh lers-inc.com Elizabeth Diaz ed iazra.kh lers-inc.com Ehlers & Associates, Jnc. 3060 Centre Pointe Drive Roseville, MN 55113-1105 651-697-8555 Fax fJ ~.~t~,~,~,~ 763-271 -3208 Direct 763-295-2711 Main Phone 763-295-4404 Fax 011 ie.koroochak@ci.monticello.mn.us www.ci.monticello.mn.us 612-337-9228 Phone 612-337-93]0 Fax s hu bu lialkenl1 ed v- "ra ven. co 111 651-697-8508 Phone 651-697-8505 Phone 651-697-8518 Phone 651-697-8519 Phone q3 . 5L. . . Council Agenda - 12/12/05 Approval of authorizinl! bids on Request for Proposal for a broadband feasibility studv of fiber optics within the City of Monticello. (C.S., O.K.) A. REFERENCE AND BACKGROUND: The investigation into fiber optics for the City of Monticello began in May 2005 with a presentation to City Council, which described fiber optics and outlined the use of fiber in current and future technology. The Council authorized the formation of a Task Force that would look into more detail about a fiber optic network to provide city wide very high speed services for data, voice and video to homes and businesses in Monticello. On August 22, after many hours of preparation and meetings, which included a session with the current providers, the Task Force felt confident in recommending to Council that a Request for Proposal (RFP) be developed. This was approved and various members ofthe Task Force continued to work with consultant Milda Hedblom on development of an RFP. The RFP invites respondents to actively research fiber options and offer their suggestions as to the best course of action the City might take. Respondents to the RFP will be asked to look at existing services for data, voice and video; perform a study to determine fiber needs and associated community opportunities; assess the benefits and risks of investing in a fiber network; and provide preliminary cost projections associated with options that are recommended. Monticello's leadership in studying fiber optics has already drawn attention in statewide circles that pay attention to progressive developments among Minnesota cities. The Monticello initiative was a main topic of conversation at the November J 7''' Broadband Conference convened by the Blandin Foundation in St. Cloud; it is on the agenda ofthe Fiber First annual meeting in December; it has been studied by the League of Minnesota Cities and the Minnesota Municipal Utilities Association; and it will be presented at a Forum at the HHH Institute of Public Affairs upcoming in February. Monticello will be the first city with significant ongoing growth located near the Twin Cities to consider reinforcing its future with an innovative plan for city wide fiber optic services, the kind of services that will support true broadband for all business and residential needs. B. ALTERNATIVE ACTIONS: I. Authorize going out for bids with the Request for Proposal (RFP) for a broadband feasibility study. 2. Do not authorize going out for bids with the Request for Proposal (RFP) for a broadband feasibility study. c. RECOMMENDATION: It is the recommendation of the Fiber Optic Task Force to go out for bids with the proposed RFP. In the process of developing the RFP, the task force found that fiber optics will playa 0.. '-\ . Council Agenda - 12/12/05 great role in the future of Minnesota technology, and the City would be well served to investigate the potential of a fiber network \vithin the city. D. SUPPORTING DATA: . List of Minnesota fiber communities . 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Required Information and Content of Proposal VIII. Proposal Selection Criteria . IX. Process for Selection X. Contract Structure XI. General Project Requirements XlI. Instructions for Submitting Proposals XIII. Estimated Timeline Appendix . 2 C\s . . . 1. Community Overview 1. Monticello, Minnesota is a progressive and growing community located just outside the 7-county metro area of Minneapolis/St. Paul. The population in the City of Monticello is 10,200 with Monticello Township adding an additional 3,600. The City is filled with parks and pathways providing a country like setting for residents. The school district is forward looking and installed a fiber optic system several years ago. Monticello has an active and imaginative economic development program. Another water tower, lift stations and sanitary sewer lines are under construction to serve future development. Through good planning, new development and increased market values, the City has maintained a consistent property tax rate. In 2005, private investments exceed $54 million, and Moody's assigns a bond rating of"A2" to the City. 2. The City of Monticello has looked after the welfare ofthe community by insuring availability of high quality road, sewer and water systems to all residents. Given the facts of a growing population and its surrounding business sector, the City is considering how it can best insure that all businesses and residents enjoy access to an integrated city wide network to provide high quality, affordable telecommunications services that will meet their needs long into the future. II. Backe:round I. The City of Monticello recognizes that the provision of accessible and affordable broadband telecommunications services is essential for the long term development and vitality of Monticello businesses and for informed, educated, healthy and economically competitive residents. The City also recognizes that among several different broadband technologies, fiber optics broadband is the most desirable broadband system among today's choices. 2. With these considerations in mind, in May 2005, the City authorized an initial investigative meeting and subsequent formation of a Fiber Optic Task Force and provided the directive to investigate whether or not the City should pursue an integrated citywide fiber optic network to provide affordable high-speed services for data, voice and video to homes and businesses. The Task Force membership represented the city, the school district, the county, the hospital district, small businesses, large businesses, industrial development, technical and non-technical people. " ~ q~ . 3. During the research process the Task Force identified several possible options available to the City if it should decide to pursue the installation of a fiber network/utility within its boundaries. These options have helped set the framework for this feasibility study and are fmiher spelled out in Section V.I. Possible Ootions for Fiber in the Ground/Fiber to tbe Premise: a) City would build/own/operate its own utility providing triple play broadband voice/data/video services; voter referendum for building or owning a telephone exchange required by Minnesota Statutes with 66% approval. b) City fully funds installation offiber in the ground /to the premise; allows open access to the network, i.e. after fiber is laid, allow providers to lease access to the fiber to provide triple play broadband voice/data/video services. c) City fully funds installation of fiber in the ground/to the curb or to the premise; partners with or leases to one (or more) vendors to provide triple play broadband voice/data/video services. d) City offers incentives to vendor to secure installation of fiber in the ground/to the premise and to provide triple play broadband voice/data/video services. . Ill. Task Force Recommendation/Goals of Feasibilitv Study 1. The Task Force consensus recommendation was that Monticello's long-term future would be best served by further investigation of the feasibility of deployment of a citywide fiber optic infrastructure in Monticello. The City Council unanimously approved the recommendation on August 22, 2005 and directed the Task Force to develop a Request for Proposal for a broadband feasibility study. 2. The goals of the Feasibility Study are as follows: . Assess Monticello's long term telecommunications and information needs. . Clarify the role expanded broadband service could play in the long-term vitality and well being of the community. . Assess the benefits and risks associated with providing citywide fiber optic services. . Clarify existing resources and identify additional resources to help meet expanded broadband goals. . Provide a recommendation for how to implement a city wide fiber optic infrastructure in Monticello. . 4 \ 00 . . . . Clarify how broadband investment in Monticello might scale for services to other cities, the county and the state. IV. Overview on Monticello ReQuest for Proposal 1. The purpose ofthis Request for Proposal is to solicit proposals from respondents qualified to complete a broadband telecommunications study including preparation of a business plan and financing options for an integrated citywide fiber to the premises network in the City of Monticello. The study should provide a recommendation about the best path for Monticello given the overall feasibility assessment analyzing technical, regulatory, competitive, ownership, return on investment and financing options. 2. The study should also provide recommendations about options that would allow The City to leverage fiber optics investment for broadband services for other towns and the county. Recommended solutions should be scalable to wider geography if opportunities arise. 3. The selected respondent should have the experience and expertise to conduct the varied analyses associated with each option and to recommend the best option. V. Framework for Monticello ReQuest for Proposal 1. The City is interested in analysis of the following options for implementation of a fiber to the premises network. These options provide the guiding framework for the requested services. a. City builds, owns, operates fiber to the premise network as a City utility and provides triple play broadband voice/data/video services. b. City builds, owns, operates fiber to the premise network as a City asset but leases network access to providers for provision of triple play broadband voice/data/video services on an "open access" basis. Providers share revenue with the City. c. City builds and owns dark fiber network to the curb or to the premise as a City asset. The City contracts with one (or more) providers to install electronics and provide triple play broadband voice/data/video services. Providers share revenue with the City. 5 I () \ . . . d. City offers incentives to private provider as partner to build and operate a fiber to the premise network and to provide triple play broadband voice/data/video services. Provider shares revenue with the City. 2. The Task Force recommends that the items in Section V.2 (a-e), as described below, be secured by the City under extension of an existing contract. The contractor for these services will work on behalf of the City with the successful respondent to this Request for Proposal (RFP) to assist with and help insure an integrated final report and recommendations. a. Assist the City with Request for Proposal administration and evaluation of responses. b. Analyze the legal, regulatory, political and competitive requirements for the City to build, own, and operate a fiber to the premise network as a City utility. c. Analyze the legal, regulatory, political and competitive requirements for the City to build, own and operate a fiber to the premise network with leased access for providers to deliver services on an "open access" basis. c. Analyze the legal, regulatory, political and competitive requirements for the City to build and own a dark fiber network as a City asset obtaining contracts with a selected provider to install electronics and provide servIces. d. Analyze the legal, regulatory, political and competitive requirements for the City to package incentives to a private partner to build and operate a fiber to the premise network and provide services. VI. Scope of Work and ReQuested Services 1. The City is seeking the broadband telecommunications analysis services as described in Section V1.2-S in this Request for Proposal. Additional services may be identified during the initial meetings between the respondents and the City and the proposal modified as needed. 6 IO~ . . . 2. The City is seeking telecommunication technology analysis as described below. a. Verify existing inventory of existing telecommunications facilities and related facilities in Monticello. b. Provide a comparative and best option analysis of current and anticipated technologies for fiber to the premises delivery. c. Provide a comparative analysis of other current broadband telecommunications technology developments and anticipated future developments supplementing fiber to the premises as a long-term asset to the community. d. Provide preliminary cost projections for a fiber to the premises implementation in the City of Monticello based on current "best option" analysis under Section VI.2 (b) above for each of the options identified in Section V.l (a-d). Include costing of network connection to the world. 3. The City is seeking a fuller understanding of the market and community benefits from fiber to the premises telecommunications services and therefore is requesting a Market and Public Services Benefits Study. a. Conduct a market study to provide an understanding of the potential for provision of fiber based voice, data and video services to residences, businesses, industrial parks, government, and other possible broadband opportunities. b. Conduct a public services study to provide an understanding of the community benefits through improved, more ef1icient city services and enhanced citizen opportunities for learning, health care, leisure and community connections. 4. The City is seeking a fuller understanding of telecommunications related economic development opportunities. a. Provide an assessment of telecommunications related oppOliunities and obstacles for economic development benefits. 7 )D3 . . . b. Delineate telecommunications related options for addressing business expansion and retention issues. 5. The City is seeking business case analysis and recommendations on financing options. a. Provide preliminary operations analysis with estimated costs and return on investment for identified options. b. Provide recommendations on financing options including public or private options as well as local, state and national sources and approaches. VII. Required Information/Content of Prooosal 1. Description of respondent's overall approach, identification of the overall project manager and description of subcontractors' roles and responsibilities. 2. Breakdown of project by phases, tasks including specific stafffor each task, number of hours, timeline, work products, city responsibilities, other relevant details. (GAANT chart acceptable) 3. Costs are to include hourly rates for staff, costs to be charged to the City and overall assumptions used to project costs. 4. Current resumes for proposed staff, their relevant experience on similar projects with similar clients, and names and addresses for references. VIII. Prooosal Selection Criteria: 1. Criteria: (in order of importance) a. Philosophy and approach to project including viewpoints on a City owned utility b. Past experience doing similar projects with the public sector c. Cost d. Resumes of personnel assigned to project including special certifications e. Demonstrated understanding of requests f. Timelines 8 \ OL-j . . . IX. Process for Selection 1. A committee will review proposals against criteria stated in this request for proposal. The committee may request interviews. The City requires that the project manager, sub-contractors and any other key person(s) participate in the interview process. Respondents will pay for any costs incurred during the interview process. The City reserves the right to ask for additional information. 2. The final contract award will depend upon the successful respondent's compliance with all terms and conditions, mutual agreement about the final work plan and completion of a contract agreeable to all parties. 3. The City reserves the right to reject all bids and the City is not obligated to accept the lowest bid. X. Contract Structure 1. For respondents where more than one company is involved in the proposal, please identify clearly the lead company and the sub-contractors. Subcontractor agreements must be in place at time of the final contract award. These agreements should be available for inspection by the City at reasonable request. 2. The City is expecting comprehensive bids. Partial bids will only be considered from telecommunications services providers who wish to signal an interest to partner with the City on this project. This includes the incumbent telecommunications providers currently serving Monticello. XI. General Proiect Requirements 1. Overall Project Management: The successful respondent will work closely with the designated project manager for the City. The successful respondent will be asked to designate a key contact person and specify other staff as needed. Any substitution of staff during the course ofthe contract must be agreed upon by the City in advance. 2. Human Rights! Affirmative Action: Respondents shall comply with all applicable state and federal rules and regulations relating to affirmative action and equal opportunity. The City of Monticello is committed to a program of equal employment opportunity regardless of race, color, creed, sex, age, nationality or disability. 9 J QS . 3. Bonds, Insurance: The successful respondent will be required to carry insurance ofthe kind and in the amounts shown below for the life ofthe project. CERTIFICATE OF INSURANCE CERTIFICATE HOLDER: INSURED: ADDITIONAL INSURED: City of Monticello, its officials, employees, agents, and representatives AGENT: GENERAL Or BUSINESS LIABILITY INSURANCE: Policy No. Effective Date: Expiration Date: Insurance Company: . ( ) Claims Made ( ) Occurrence LIMITS: [Minimum] Bodily Injury and Death: $500,000 for one person $1,000,000 for each occurrence Property Damage: $200,000 for each occurrence -OR- Combination Single limit Policy $1,000,000 or more REQUIRED ENDORSEMENT: Include an "all services, products, or completed operations" endorsement. COVERAGE PROVIDED: Operations of Contractor: YES Operations of Sub-Contractor (Contingent): YES . Does Personal Injury Include Claims Related to Employment? YES 10 JOb . . . Completed Operations/Products: YES Contractual Liability (Broad Form): YES Governmental Immunity is Waived: YES Property Damage Liability Includes: Damage Due to Blasting YES Damage Due to Collapse YES Damage Due to Underground Facilities YES Broad Form Property Damage YES ALL APPLICABLE VEHICLE LIABILITY INSURANCE: Policy No. Effective Date: Expiration Date: Insurance Company: (X) Any Applicable vehicle LIMITS: [Minimum] Bodily Injury: $500,000 each person $1,000,000 each occurrence Property Damage: $500,000 each occurrence -OR- Combined Single Limit Policy: $1,000,000 each occurrence ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY OF THE ABOVE COVERAGES: If so, list: Amount: $ [Not to exceed $1,000.00] WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY: Worker's Compensation per Minnesota Statute Employer's Liability shall have minimum limits of $500,000 per accident, $500,000 per employee, $500,000 per disease limit. 11 107 . . . Contractors with 10 or fewer employees who do not have Worker's Compensation coverage are required to provide the City with a letter verifying their number of employees. PROFESSIONAL LIABILITY INSURANCE: $1,000,000 per occurrence $2,000,000 aggregate CONTRACTOR MAY NOT BEGIN WORK UNTIL A CERTIFICATE OF INSURANCE COVERING REQUIRED INSURANCE IS APPROVED AND THE PROJECT MANAGER HAS ISSUED A NOTICE TO PROCEED. INSURANCE IS TO REMAIN IN EFFECT FOR THE DURATION OF THE ORIGINAL CONTRACT AND ANY EXTENSION PERIODS. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL TEN (10) DAYS WRITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED. Dated at On BY: Authorized Insurance Representative 4. Audit/Public Infonnation Requirements: Pursuant to Chapter 6.551 of the Minnesota Statutes, the successful respondent will be required to maintain all books, documents, account records, and other evidence relating to work performed under an Agreement pursuant to this Request for Proposal and to make such material available at respondent's office at all reasonable times during the Agreement and for up to six years thereafter for audit or inspection by the City, the State Auditor, or any other authorized individual. The successful respondent will also be required to comply with the data practices requirements contained in Minnesota Statutes, Chapter 13.05. XII, Instructions for Submittinl!: Proposals 1. Proposals are due February 3, 2006, and may be submitted as follows: Attention: Monticello Fiber Monticello City Hall, Suite I 505 Walnut Street Monticello, Minnesota, 55362 12 10 S- Please submit six copies. They become City property. The data submitted by a respondent are private and nonpublic until the responses are opened and the name of the respondent becomes public. Other data remain private until the City has negotiated a Contract with a selected respondent. After that, all remaining data submitted by all responders are public, with the exception of trade secret data as defined and classified under Minn. Stat. section 13.37. . 2. Respondents should note that one record copy is to be submitted in a sealed envelope or other packaging with the name of the company and the project title clearly labeled on the outside. The top page of the record copy must include an original signature by an individual who is authorized to make representations and commitments on behalf of the respondent. Failure to include this original signature could disqualify the proposal. The remaining copes may be duplicates of the original and may be packaged together. They should be separate from the original, however. The outside of the package containing the copies should also be clearly marked with the above information. 3. Questions on bid submission: Cathy Shuman at telephone: 763-271-3204; fax: 763-295-4404 (Attn Fiber); email: fiber(tl?monticellofiber.com . 4. Questions related to the project requirements and contents of proposal are due by January 16, 2005, in writing by fax: 763-295-4404 (Attn Fiber) or email: fiber@monticellofiber.com. No oral questions. XIII. Estimated Timeline for Submission, Interviews and Selection: Release: Questions Due: Responses Returned: Proposals Due: Interviews: Award: Project Begins: . Week of December 19,2006 January 16,2006 Week of January 23,2006 February 13,2006 Week of March 13-17, 2006 Week of March 27,2006 Week of May 1,2006 13 IOcr APPENDIX . City of Monticello Network Environment The City utilizes several networks in various city buildings. The city center includes the city hall, community center, senior center and national guard offices. There are two servers at this site (inside city hall): a file server that provides connectivity to all the computers and peripherals in the complex as well as the AS400 and an email server that hosts all city mailboxes. Cat6 cable services most connections in city hall while CatS cable is used in the community center. There are also 3 fiber runs within the building. A DSL modem provides internet and email connections. There is a modem for remote dialing between the AS400 and the software vendor. The senior center connects to the city for internet and email services. The national guard is responsible for its own connectivity. Police protection is provided through the Sheriffs Department and they maintain a regional office in the city hall. A connection to Wright County is provided outside of the city's firewall. . The public works facility has a file server, which connects computers and peripherals in the office and shop buildings. Most of the cabling is CatS. A VPN provides connectivity between public works and the city center. A DSL modem provides internet connections. The Department of Motor Vehicle (DMV) office has a small server that links the computers and peripherals in this office. All transactions are performed with the State of Minnesota through the internet. A DSL modem provides internet connections. Hi-Way Liquors uses a tile server to store all their data centrally. This server connects computer workstations, cash registers and other peripherals. Credit card transactions are handled over the internet. A DSL modem provides internet connections. The software vendor can dial in remotely through a modem to perform diagnostics. . The Fire Department has several computers at their building, which are generally maintained by fire department members. Computers and printers are linked with each other. Monthly reports are done online. A DSL modem provides internet connections. 14 Ita . City of Monticello Traffic Sienal Systems All traffic signals in Monticello are located on public streets shared with the State of Minnesota and/or Wright County. The state and/or county maintain the electronics associated with the traffic controls. City of Monticello Electronic Security and Video Systems The community center has a superior video security system in place that covers most areas of the center and is taped during all hours that the center is open. All cameras can be monitored from designated computers. Views show in color and can be adjusted in many ways. All data is stored to CD, which can be accessed and saved or printed as needed. Currently, all data is being kept; a records retention schedule is being developed for this. The Deputy Registrar office contracts with Wright-Hennepin to provide security service. The building is armed when unoccupied. . Hi Way Liquors has a video security system, which monitors 24 hours a day and is stored on VCR tapes. Images are in black and white and can be viewed using a VCR. Backups are stored for 5 weeks. When the building is closed, the security system is armed. City of Monticello Telephony System All phone (voice) service is contracted through TDS and long distance is through TDS Metrocom. The city utilizes centrex phone service and leases our phones through TDS. . City of Monticello Video (Cable) Systems The City is a member ofthe Wright-Sherburne Cable Commission, which has a franchise agreement with Charter Communications. Each city represented in the commission signs an agreement with Charter that outlines the provisions of the franchise. The agreement allows Charter to lay cable in the affected cities and provide telecommunication services currently video (cable TV) and internet. A portion of the customer fees is designated as a franchise fee, which goes back to the member cities in the form of equipment and improvements. Each member city also receives certain "free" services from Charter, such as cable TV at their city hall at no charge for basic programming. Charter Communications provides several channels of public access TV. One is used to televise public meetings; another is used for education. 15 ) II . . . City of Monticello Public Safety Svstems The City has a base station and 2-way radios that are used for general communications by the public works departments. This system is also maintained for civil defense purposes and is tested on a regular basis. The City also receives specialized weather updates via the internet. City of Monticello: Other Relevant Svstems The city wells, pumps and lift stations and Monticello wastewater treatment plant are monitored for security and alarms. City of Monticello Installed Fiber or Other Public Fiber The City recently established a policy to install conduit in new road construction, with the intent of using it for future deployment of fiber. Monticello School District #877 deployed a fiber network between all of its buildings in the last two years. 16 I {~ . . . Council Agenda: 12/12/05 SM. Approve Final Pavment and Accept Improvement for Locust, Walnut, and Cedar Streets Improvements (City of Monticello Proiect No. 2002-07C) (WSB) A. REFERENCE AND BACKGROUND: The construction of this project represented the creation of on-street, angled parking stalls at three separate locations in the Core City Area. . Locust Street - The improvements in this area included the construction of seven additional stalls in the northwest quadrant of 7th Street and Locust Street. The work also included curb and pavement removal and replacement. . Walnut Street - The improvement in this area also included the construction of seven additional stalls in the southwest quadrant of 4th Street and Walnut Street. The work also included curb and pavement removal and replacement. . Cedar Street - This component of the project created seven additional parking stalls in the southwest quadrant of Cedar Street and River Street. The work also included curb and pavement removal and replacement. 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$2,138.00, which is essentially the retainage on the contract, subject to receipt of the final paperwork including: 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 (not required - the warranty has expired). B. ALTERNATIVE ACTIONS: I. Accept the improvements and approve the final payment of $2,138.00 to Buffalo Bituminous, Inc. subject to receipt of the final paperwork noted in Item A above. 1)3 (. ,f)"clliilc'III.' ",,,/ S<'IliJ/!,s',dm''II.l'mssill:;:u\1.')l."al S,'lIi/!Ks'i~mpmwy III/eme! Fi!<'.nOI.K31A(i,V n:~j-AI'I",0\,d:'j",rll'm;"'~III-i]!::1I5,d"c . . . Council Agenda: 12/12/05 c. STAFF RECOMMENDA nON: It is the recommendation of the City Administrator that the City Council accept the improvements for the Locust, Walnut, and Cedar Streets Improvements, City Project No. 2002-07C and authorize final payment to Buffalo Bituminous, Inc. in the amount of $2,138.00. D. SUPPORTING DATA: Copy of Construction Pay Voucher No.2 (Final) Letter from WSB & Associates, Inc. It L{ { ',I ;"UII!!C/}/S alld Scllillg,',d""II.);!'(I>".I'j"I'",-I/."cw' ."<'iling," n""IJ(Ii-'"Y [II/emt'1 Fil,'.<\(H,~'3'.A( ;.V 1IAl_Apl'rm',''''-ill"fl''~I.-tl'''''I_l J! ]IJ5.d", . "~f:r.~1.;;'. '~' ::'~;''':.::'i:I'~;~;:r r~::~;I~'.::.qi~~..dr.'~lf~i~:~}\'i~r;~;;J,;~iJ~~'~~.~~f~~~i~iii~'~~lJ~Jii.;!~'ftl~~~'1in'~~~~!ftm:l~r.r~;1~f.~;;!:i;~~~~~~':~~~8[!l-:~;;4ii~~q ;.:!.,_:~!l.fi,j:~r i: ;!~~:i:rSS1~;~!;j:.}.i:!im;'~~~J1~~~:~~j;~':,~~~~!~8!f,f.~~"~~~~lJn!MJIj~M9i'~~:\~;iui~ti:j~~;;t:4~ ~:;,iHH~i~~I,:~i(*~(J.~i1~~~:u~'j~~~llil.tli Vouche, No. 2ANDFlNAI.. Date: Parlod Ending: Lol;USI, Walnul, and Cedar Illreell ImprOVlmNlII City 0' Mondaello Prajeot No. 2002-07C WSII Projeol No. 1433-00 October 31, 2005 October 31, 2DOli Project: Conlnlclor: Bulhola BItuminous, Inc. eox 337 Buffalo. MN 55313 COIIIfICl 0..: completion DIlle: Work 5tarttd: Worle Compleled: Original COll~acl Am<>unt ToIal Adcltlons TOIm Daductlons Taral Fun~. Encumbered ToI8I Work Cerllned 10 Dere Leas Ael.in.d Porcenlage Le.. Provioua Payments ToW Paymenla Incl. This Vo~her Ilwca CarriCld Forward Approved ror PaymenlThis Voucher $311,534.00 $0.00 SO.OO $311.534.00 0.00% $42.7SUO $0.00 $40.621.91 $42.759.90 ($4.225,90) S2.133.00 ADllroVIII. . wsa.. Alloclltel, Inc. In accoldance with field wleNatlon. as pe<formld In lleCOrdance w1ll1lndusllY .landardi;, and based on cur professional opinion. the male~1lIs inslalle~ a.. lIlIUsfaclory and 111. work properly peJlormed In accordance With lhe plans and spaCInCedons. The lolal work edmated to be oamplete~ as ot Augual15, 2002 Is aa Indicated herein and we hereby recommend payment oIlhl. voucher. Sjgned: ConeltucUon Ob<lerver Signed: 1/."... p~e~t ~n~neer lDOII Buffalo 1Iltumlnalla, Inc. Th15 Is 10 cettlfy lIlat 10 the best of my knowt.dge, Informalion, and belief. 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LL ~I~ ~ l- => G (0 I ~ f- ::J ~ ~ f- :; ~ <( ;i z o Sl Sl " '" '" '" w w ~ Q 0,1 ~ ~"~I ~ ~ LL l- l- ~ ~aa WW ::J oI:l cd...l I:: I:: ~ ~ ~ ~ :I: ~ ~ ::J ::J l- ~ W CIJ 0 0 Z w z ~~~~~g ~ ~ ~ u.. ::::i 0 ::J Z Z u. 0 Cf.l l:: 0 0 C2 ~ ~ lD 0 0 l- ... ' I~ o ,. ~i8 8!'" '" '" '" 0"'1 : ~ ~I~ w w >- 0:,'" I- , z ~ W 0. f- >- Z I- :5 <5 0. Z ~ Ci ~i8 ""en i ~ ~ ~ ~ 010 0 ~ a ~ :g ~ ~ ~ ~ ~ ~ lD ~ lD ~ 1.0 ~ M M (") l:') M g ~ ~ ~ ~ ,~ (") l:') (") lO lO It) It) It) It) It) N N N N N N N N N N N ~ N (") ~ lO lD!f'o. G;I Q) ~ ;:I~ ~ ~ ~ ~ o '" '" ~ ... ",. '" '" 8 o ~ 8 .; ~ ~ gi ~ o o .; M ~ ",. M .. " '5 I- .. -0 I- " " . ~ (0 1\/ ~ g ~ , " . ~ g ! o ~ , . ~ ~ ~ , . . .-il'/- ... WSB . & Assada!es. Inc. Infrastructure I Engineering I Planning I Construction December 12, 2005 701 Xenia Avenue South Suite 300 Minneapolis. MN 55416 lei: 763-541-4BOO Fax: 763-541-1700 Honorable Mayor and City Council City of Monticello 505 Walnut Street, Suite I Monticello, MN 55362 Re: Construction Pay Voucher No.2 (Final) Locust, Walnut, and Cedar Streets Improvements City of Monticello Project No. 2002-07C WSB Project No. 1433-00 Dear Mayor and Council Members: Please find enclosed the final Construction Pay Voucher No.2 for the above-referenced project in the amount of $2,138.00. We recommend final payment subject to receipt of the following items: . 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 (not required - warranty has expired). Please make payment in this amount to Buffalo Bituminous, Inc. at your earliest convenience. Thank you. Sincerely, i&;:7:Jl Kevin B. Kawlewski, P.E. Senior Project Manager Enclosures . cc: Rick Wolfsteller, City of Monticello Kris Holthaus, Buffalo Bituminous, Inc. Tom Bose, City of Monticello J \ 5 srb Minneapolis I St. Cloud Equal Opportunity Employer E.\WPWIMJ4J3.fXM1'R VO 2 AND FNf.nmrc-J2J205.doc Council Agenda: 12/12/05 . 5N. Approve Chanl!e Order No.2 for the Extension of Meadow Oak Avenue from the Current Termini to CSAH 18 (City of Monticello Proiect No. 2005-05C) and the Reconstruction of a Sel!ment of CSAH 18 and CSAH 39 for the CSAH 18/1-94 Interchanl!e Proiect (City Proiect No. 2004-1C) (WSB) A. REFERENCE AND BACKGROUND: In preparation for the construction of the CSAH 18 interchange, the Meadow Oak Avenue and CSAH 18 (north and south ends) were bid early and constructed this summer. These projects allowed for the detour routes to be established prior to the initiation of the interchange construction. During construction, several items were adjusted for this project to address construction-related issues. The change order items are described below and on the attached Change Order No.2. 1. Granular Borrow (CV) and Select Granular Borrow (CV): The unit price bid was renegotiated during construction for the granular borrow and select granular borrow pay items from the bid price of$10.40 per CD YD to $9.40 per CD YD. This was due to the City providing the sand from the industrial park gravel pit. Instead of the contractor paying the City for the material, we are proposing to reduce the bid price. In addition, the contractor constructed a portion of the industrial park pond in the sand removal process. \ \t . 2. CSAH 39 Subl!rade Excavation: The plan quantity for this item was adjusted to reflect the adjustment in the subcut from 4 feet to a 2 to 3-foot subcut on CSAH 39. The depth of subgrade excavation was adjusted because the existing material was determined to be acceptable during construction. 3. Tvpe SP 12.5 Wearinl! Course Mixture (4,F) (1.5" Thick), (2" Thick) and Tvpe SP 12.5 Non-Wearinl! Course Mixture (4,B) (2"Thick): The plan quantities for the bituminous items were revised during construction. The project limits on CSAH 75 were changed because the existing field conditions required shifting the low point of CSAH 75 farther to the west of CSAH 18. The relocated low point will improve the drainage of CSAH 75 and provide for a smoother ride through the intersection. . 4. Meadow Oak Avenue Subl!rade Excavation: An additional 18 inches of unsuitable material was excavated within Meadow Oak A venue to construct the roadway following the grading operation. This excavation was to be completed by the developer (Shawn Weinand) for the Monticello Industrial Park as part ofthe site grading, but they determined that the sub grade was adequate without checking with the City testing consultant. When the City project commenced, it was determined that the additional material needed to be excavated. At the time, an agreement with the developer could not be reached to remove the material, so R. L. Larson was authorized to remove the material and stockpile it to be utilized for the CSAH 18/1-94 Interchange project. Approximately 4,000 cubic yards (CY) was removed and stockpiled for a total cost of$12,753.50 based on labor and equipment used. This equates to approximately $3.20/CY. The material was re-spread and placed under the Interchange contract as Common Excavation at a unit price of$2.50/CY. This totals C 'AK;u""'nI~ urui Serr;ug>'da...l.gro.wnger',l.wLJ1 Serring,'Temporw)' in/erneJ File,-IOLK3L4GN ITM-MetulvwOakAveCSAH 75CSAH39C01.091205reVjje<! doe . . . Council Agenda: 12/12/05 $5.70/CY to remove and place the material. Ifthe material was to be brought on-site from an off-site source as Common Borrow, the unit price bid would have been $9.00/CY. Therefore, the interchange borrow quantity was reduced by a similar quantity for the overall cost savings. S. Resurrection Lutheran Church Erosion Control: Significant erosion issues occurred this fall on the Resurrection Lutheran Church due to grading operations on the site. In cooperation with the Church, R. L. Larson was authorized to construct a temporary sedimentation pond and extend storm sewer to prevent sediment from washing onto Meadow Oak Avenue. The cost to complete this work totaled $7,367.50 and has been added to the assessment agreement with the Church for the project. The Church has signed the agreement and will be responsible for maintaining erosion control on their site. 6. Miscellaneous Items: The following items were added to this project to facilitate the construction staging for the interchange to complete the detour. It was originally anticipated that we would complete these items with the interchange project, but determined during construction that they were necessary with this initial project. Those items are as follows: . Leveling Course: The intersection at CSAH 75 and 18/39 was raised. The leveling course was to raise CSAH 75 on both sides of the intersection to provide a smooth ride through the intersection. . Remove Median. Remove Apron, Adiust Casting, Plug and Fill Existing Pipe: These are all related to the expanded intersection work. . R. L. Larson Manpower: This item provided for increased traffic control to facilitate the grading and paving work associated with the leveling course. All "Bid Price" unit costs have been provided by the contractor, negotiated by WSB, and reviewed by MnIDOT estimators. B. ALTERNATIVE ACTIONS: l. Approve Change Order No.2 in the amount of$54,687.55 for R. L. Larson Excavating, Inc. C. STAFF RECOMMENDATION: The City Administrator recommends selecting Alternative No. I. D. SUPPORTING DATA: Change Order No.2 ClDoCU/IlIlnlS ~Hd Selllngsid""'''groos'''gerll.ocaI Sellingslrc11Iporary }nlernel FileslOLK3IAGN llU.MeudoKOakAveCSAH 75CSAH39C02-09/20Jrevised.doc \ \ <\ 12/7/2005 CSAH 18 (SCHOOL BOULEVARD TO MEADOW OAK AVENUE), CS_ (CSAH 75 TO HART BOULEVARD), AND M~ 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-o1C MEADOW OAK AVENUE: CITY PROJECT NO. 2005-o5C WSB PROJECT NO. 1627-03 OWNER: CONTRACTOR: CITY OF MONTICELLO 505 WALNUT STREET, SUITE 1 MONTICELLO, M N 55362 R. L. LARSON EXCAVATING, INC. 2255 -12TH STREET SE ST. CLOUD, MN 56304 YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGES IN THE CONTRACT DOCUMENT DESCRIPTION: CONTRACT QUANTITIES ARE MODIFIED AS SHOWN ON THE ATTACHED DETAIL. IT IS UNDERSTOOD THAT THIS CHANGE ORDER INCLUDES ALL ADDITIONAL COSTS AND TIME EXTENSIONS WHICH ARE IN ANY WAY, SHAPE, OR FORM ASSOCIATED WITH THE WORK ELEMENTS DESCRIBED ABOVE. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: ORal CONTRACT PRICE: $1,913,089.40 ORIGINAL CONTRACT TIME: 9/112005 PR S CHANGE ORDERS: $9,875.00 NET CHANGE FROM PREVIOUS CHANGE ORDERS: 14 DAYS CONTRACT PRICE PRIOR TO THIS CHANGE ORDER: $1,922,964.40 CONTRACT TIME PRIOR TO THIS CHANGE ORDER: 9/1512005 NET INCREASE OF THIS CHANGE ORDER: $54,687.55 NET INCREASE WITH CHANGE ORDER: 22 DAYS CONTRACT PRICE WITH ALL APPROVED CHANGE ORDERS: $1,977,651.95 CONTRACT TIME WITH APPROVED CHANGE ORDERS 10/7/2005 RECOMMENDED BY: APPROVED BY: SHIBANI K. BISSON, P.E., PROJECT MANAGER CONTRACTOR SIGNATURE WSB & ASSOCIATES, INC. ENGINEER R: l. LARSON EXCAVATING, INC. CONTRACTOR APPROVED BY: lC}..C) CITY ENGINEER CITY ADMINISTRATOR DATE DATE --- 1827-03 Change Order 2,xlsCQ-1 . CSAH18 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.()61 CSAH 39: COUNTY PROJECT NO. 86-39'()61 CSAH 181CSAH 39: CITY PROJECT NO. 2004-01C MEADOW OAK AVENUE: CITY PROJECT NO. 2005-05C WSB PROJECT NO. 1627-03 ADDED ITEMS Item No. Description Qly 156 GRANULAR BORROW 10938 157 SELECT GRANULAR BORROW 8108 158 REMOVE MEDIAN 1350 159 REMOVE APRON 160 LEVELING COURSE 135 161 ADJUST EXISTING CASTING 4 162 R L LARSON MANPOWER 163 PLUG AND FILL EXISTING PIPE 30 . 164 MEADOW OAK AVENUE SUBGRADE EXCAVATION 165 RESURRECTION LUTHERAN CHURCH EROSION CONTROL Unit Price Extended Amount CUYD $9.40 $102.817.20 CUYD $9.40 $76.215.20 SQFT $2.00 $2.700.00 EACH $1,487.50 $1,487.50 TON $55.00 $7.425.00 EACH $425.00 $1,700.00 LUMP SUM $4,162.50 $4,162.50 L1NFT $20.00 $600.00 LUMP SUM $12,753.50 $12,753.50 LUMP SUM $7,367.50 $7,367.50 TOTAL ADDED ITEMS CHANGE ORDER NO, 2 MODIFIED ITEMS/DELETED ITEMS Item No. Description Qly Unit 166 CSAH 39 SUBGRADE EXCAVATION (P) -2370 CUYD 167 GRANULAR BORROW -9886 CUYD 168 SELECT GRANULAR BORROW -7328.12 CUYD 169 TYPE SP12.5 WEARING COURSE MIXTURE (4,F) 4036 SQYD (1.5" THICK) 170 TYPE SP12.5 WEARING COURSE MIXTURE (4,F) 2904 SQYD (2" THICK) 171 TYPE SP12.5 NON-WEARING COURSE MIXTURE 2672 SQYD (4,B) (2" THICK) . TOTAL MODIFIED/DELETED ITEMS CHANGE ORDER NO.2 TOTAL ADJUSTMENT TO ORIGINAL CONTRACT AMOUNT $217,228.40 Price Extended Amount $7.00 ($16,590.00) $10.40 ($102,814.40) $10.40 ($76,212.45) $3.00 $12,108.00 $4.00 $11,616.00 $3.50 $9,352.00 ($162,540.85) $54,687.55 \ d- ~ 1627"{)3 Change Order 2.x1sC01 DetaIl . 50 . . Approve Chan!!e Order No. I for the School Boulevard Extension Proiect (Dee!!an Avenue throu!!h Redford Lane) (Citv of Monticello Proiect No. 2005-02C) (WSB) A. REFERENCE AND BACKGROUND: The following change order item is described below: Pond Erosion Repair: This work was completed by the project contractor to temporarily repair the erosion issues at the Jefferson Commons Pond, adjacent to the Muller Theatre. This work included filling in the eroded areas of the pond, installing silt fence, erosion control fabric, and seeding, and totaled $4,083.88. We have met with representatives from Muller Theatre and have developed a permanent plan that they will implement to correct the erosion problem caused by their site. It was more cost-effective to have this contractor repair the pond since they were on-site and the cost will be paid by the storm water trunk fund. B. ALTERNATIVE ACTIONS: I. Approve Change Order No.1 in the amount of$4,083.88 for Randy Kramer Excavating, Inc. 2. Do not approve payment. c. STAn' RECOMMENDATION: The City Administrator recommends selecting Alternative No. I. D. SUPPORTING DATA: Change Order No. I Letter from WSB & Associates, Inc. I d- d. \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 December 6, 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 School Boulevard Extension (Deegan A venue through Redford Lane) Street, Utilities, and Appurtenant Improvements City of Monticello Project No, 2005-02C WSB Project No. 1627-01 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 $4,083.88, resulting in a revised contract total of $1,055,040.03. 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 Randy Kramer 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. /Ohvl~ ~,~ Shibani K. Bisson, P_E. Project Manager Enclosures cc: David Baker, Randy Kramer Excavating, Inc. . srb J ,). 3 K:VJ1627.0MdminV:mwnl<,itm i1dminV.IR co J crr_r...oif,,.,U€,.J2()6(!5.doc Minneapolis I St. Cloud Equal Opportunity Employer DEC-105-210105 12:1010 WSB & ASSOCIATES 12/06/2005 12:50 3207642506 DEC-~5-20~S 11'13 . 121WZ" RKEXC 753541171010 P.102/102 PAGE 02/82 P.1021'03 CHANGE ORDER NO.1 Slt::HDOL l!OULEVARD I!XTENSION PRo.JECT (DEEGAN AVENUE lHROUGH REDFORD LANE) C1'lY OF 1l0NTlCI!UO PROJECT NO. 200s..oa: wsa PROJECT NO. 1627.01 OWNER: em' OF MPNTIClELLO 5115 WALNUT SllIEET, SUITE 1 ...ONllCELW, MN 55382 CONTI1ACTOR: RANDY KRAMER EXllAVATlNQ.INC. P.O. Rex 48S WArnNS, MN 55aS9 YOU ARE DIREOTED TO MAKE: THE FOlLOWING CHANGES IN THE CONTRACT DOCUMENT DESCRIPTION: OONTRACT QUANTITIES ARE MODlFI.D AS SHOWN ON THo ATTACHED DETAIL IT IS UNDemlTooD THAT THIS CHANGE ORDER INCLUDES ALL ADDITIONAL COSTS AND TIME EXTENSIONS WH'CH AAli IN ANY WAY, SHAP.. OR FORM ASSOCIAlED WllH THE WORK ELEMENTS DESCRIBED AeOVE. CIlANGE IN OONTI1"CT PRIOE: OFUGINAL CCNTFlAr;T PRICE: PREvIOUS CHANGE ORDERS: NIA _ONTRACT PRICE PRIOR TO THIS CHAN<:i. ORDER: In INCR~E OF THIS CH"NGo OROEf!: CONTI'IACT PRICE WITH,o,LL APPROVIiD CHANGE ORDERS' RECOMMENDED BY: ,~i~;;N'P.!~P~~:::: WSB & ASsoelATES, INC. F.NaIN.ER APFFtOVEll BY: CITY ENGINeER CATE . $1,050,956.10 SMO $1.050,955.15 S4,~:';;.M $1,OSS,040.oa CIlANQE 1111 CONTIlAIlT TIME: OI'lI(;INAL OONTRACT TIME: NEr CHANI3E FROM P~SVIOUB OHAN<:iEi ORDERS: CONTPACT TIME PRIOR TO THIS CHANGE ORCE": N"ET 'NCRliASE WfTI-I CHANGE ORDER: CONTRACT TIME WI11-I APPROV~ CHANGE ORllERS: 7/112006 NONE 7/112006 NON~ 7/112OOS APPROVEO BY: e ~ .J:;:. -\. D!C 0 f1 ZD05 CONTRACTOR SlGNATU~E . RJlr;DV KRAMER EXCAVATlr;G.INC. CONTRACTOR C4TY AOMIr;lllTFlAToR DATE I::}LJ X:\f'FR700tlAl:lmlrllGVNA"UCflW1......I'.JlMf I'!tt..._~.. u"'l""O ~ TOTAL P.02 . SCHOOL BOULEVARD EXTENSION PROJECT (DEEGAN AVENUE THROUGH REDFORD LANE) CITY OF MONTICELLO PROJECT NO, 2005-02C WSB PROJECT NO. 1627-01 12/6/2005 ADDED ITEMS Item No. Description Diy Unit Price Extended Amount POND EROSION REPAIR LUMP SUM $4,083.88 $4,083.88 TOTAL ADDED ITEMS CHANGE ORDER NO.1 $4,083.88 DELETED ITEMS Item No. Description Diy Unit Price Extended Amount . TOTAL DELETED ITEMS CHANGE ORDER NO.1 $0.00 TOTAL ADJUSTMENT TO ORIGINAL CONTRACT AMOUNT $4,083.88 . IdS K:101627-01IAdmfnIConstructJon Admln\1627'()1 Change Order 1,)(fsC01 Derail . . . Council Agenda: 12/12/05 SP. Consideration of City Maintainilll! Public Streets and Utilities for the Sunset Ponds 2nd Addition Development (Citv of Monticello Proiect No. 2004-12P) (WSB) A. REFERENCE AND BACKGROUND: Public streets and utilities have been constructed this year for the Sunset Ponds 2nd Addition development. Utilities, including sanitary sewer, watermain, and storm sewer have been tested and approved. The first lift of bituminous pavement has been placed on the roadways. We are recommending that the City begin maintaining the roadways and the utilities. Maintenance of the roadways will be contingent on the roadways being swept and the right-of~way being clear of debris for snow plowing operations. The final lift of bituminous pavement is anticipated to be placed on the roadways in the summer of2006, after which time the 2-year warranty period will begin if all project items are complete and the Council approves final acceptance of the public improvements. B. ALTERNATIVE ACTIONS: I. City accepts maintenance responsibilities of public streets and utilities within the Sunset Ponds 2"d Addition contingent on roadways being swept and the right-of-way being clear of debris for snow plowing operations. 2. City does not accept maintenance responsibilities of public streets and utilities within the Sunset Ponds 2'''1 Addition. C. STAFF RECOMMENDATION: It is the recommendation of the City Engineer and the Public Works Director that the City accept maintenance responsibilities of the public streets and utilities. I;j,lt: (':',n""".',,,.,,,, "'.'1,1 .\','''io'w'':',,,n, g,-",,",','ga'I.,'o.! .I',:rriilg.<'''''i' ";',,,'\!,W IU! 'iI,'.,',()I./;.F Ii; \ rnl_S',."S,',' !",~d, },,,i_./l"'5.:!.'.J..( . . . SP. Council Agenda: 12112/05 Consideration of City Maintaininl! Public Streets and Utilities for the Spirit Hills Townhome Development (City of Monticello Proiect No. 2003-16P) (WSB) A. REFERENCE AND BACKGROUND: Public streets and utilities have been constructed for the Spirit Hills Townhome development. Utilities, including sanitary sewer, watermain, and storm sewer have been tested and approved. The first lift of bituminous pavement has been placed on the roadways. We are recommending that the City begin maintaining the roadways and utilities. Maintenance of the roadways will be contingent on the roadways being swept and the right-of~way being clear of debris for snow plowing operations. The final lift of bituminous pavement is anticipated to be placed on the roadways in the summer of2006, after which time the 2-year warranty period will begin if all project items are complete and the Council approves final acceptance of the public improvements. B. AL TERNATIVE ACTIONS: I. City accepts maintenance responsibilities of public streets and utilities within the Spirit Hills Townhome development contingent on roadways being swept and the right-of- way being clear of debris for snow plowing operations. 2. City does not accept maintenance responsibilities of public streets and utilities within the Spirit Hills Townhome development. C. STAFF RECOMMENDATION: It is the recommendation of the City Engineer and the Public Works Director that the City accept maintenance responsibilities of the public streets and utilities. I:), ,':"Ii-,..",!,,,,,.. ,...,[ '''/I;,.'~,\d'''"".,t'r"",;,.'",.r,r",.':: S"";I.'.~'\""""'!'''.'.'-''i':' !. c"';H F;i,'xd !/..G'.,j(,'Y fnf-.,p;....'i I,,' ,. i', Ji.'.'.d.." . . . Council Agenda: 12112/05 SP. Consideration of City Maintaining Public Streets and Utilities for the Hillside Farms 2nd Addition Development (City of Monticello Proiect No. 2004-08P) (WSB) A. REFERENCE AND BACKGROUND: Public streets and utilities were constructed last year for the Hillside Farms 2nd Addition development. Utilities, including sanitary sewer, watermain, and storm sewer, have been tested and approved. The first lift of bituminous pavement has been placed on the roadways. We are recommending that the City begin maintaining the roadways and the utilities. Maintenance of the roadways will be contingent on the roadways being swept and the right-of-way being clear of debris for snow plowing operations. The final lift of bituminous pavement is anticipated to be placed on the roadways in the summer of 2006, after which time the 2-year warranty period will begin if all project items are complete and the Council approves final acceptance ofthe public improvements. B. ALTERNATIVE ACTIONS: 1. City accepts maintenance responsibilities of public streets and utilities within the Hillside Farms 2nd Addition contingent on roadways being swept and the right-of-way being clear of debris for snow plowing operations. 2. City does not accept maintenance responsibilities of public streets and utilities within the Hillside Farms 2nd Addition. C. STAFF RECOMMENDATION: It is the recommendation of the City Engineer and the Public Works Director that the City accept maintenance responsibilities of the public streets and utilities. )d-Z ('"I>o.-,,.,.,,:,,,,-,,,,,,S<'l''''',,',,, ."';."l".,';....g,-..-}."'..iiSclll.'..e,.,le'...."',. n :""','''''','.,ie.i'(jU:3'.I(,.\'U'./-i'u'i,i..,',/.';"!IS_'.'I,)-!_'i]!,'", . . . SP. Council Agenda: 12/12/05 Consideration of City Maintaininl! Public Streets and Utilities for the Hunters Crossing Development (Citv of Monticello Proiect No. 2004-3SP) (WSB) A. REFERENCE AND BACKGROUND: Public streets and utilities have been constructed this year for the Hunters Crossing development. Utilities, including sanitary sewer, watermain, and storm sewer have been tested and are in the process of being approved. The first lift of bituminous pavement has been placed on the roadways. We are recommending that the City begin maintaining the roadways and utilities, if approved. Maintenance of the roadways will be contingent on the roadways being swept and the right-of-way being clear of debris for snow plov,ing operations as well as gate valves and hydrants adjusted. Street signs have yet to be installed also. The final lift of bituminous pavement is anticipated to be placed on the roadways in the summer of2006, after which time the 2-year warranty period will begin if all project items arc complete and the Council approves final acceptance of the public improvcments. B. ALTERNATIVE ACTIONS: I. City accepts maintenance responsibilities of public streets and utilities within the Hunters Crossing development contingent on roadways being swept and the right-of- way being clear of debris for snow plowing operations, street signs installed and gate valves and hydrants adjusted. ') City does not accept maintenancc responsibilities of public streets and utilities within thc Hunters Crossing development. C. STAFF RECOMMENDATION: It is the recommendation of the City Engineer and the Public Works Director that the City accept maintenance responsibilities of the public streets and utilities. ) .:} C'{ (': ,,/), .'eil"""'" ".,d S"",';,g ,\,1"" ,,_ ~".;sy;"ge,., r _"",.' ,\','''i,,~','''F:'''''f.'''''''':L. 1M",',',' ni".,:,OI./;,P. I ( ,in I-ir:"...c;'s (,-"""j,,'e- i 1 i c1l5. ",'r~ . . . Council Agenda: 12/12/05 5P. Consideration of City Maintainine: Public Streets and Utilities for the Nathans Court Development (City of Monticello Proiect No. 2004-28P) (WSB) A. REFERENCE AND BACKGROlJND: Public streets and utilities have been constructed this year for the Nathans Court development adjacent to Hunters Crossing. Utilities, including sanitary sewer, watermain, and storm sewer have been tested and are in the process of being approved. The first lift of bituminous pavement has been placed on the roadways. We are recommending that the City begin maintaining the roadways and utilities, if approved. Maintenance of the roadways will be contingent on the roadways being swept and the right-of-way being clear of debris for snow plmving operations. The final lift of bituminous pavement is anticipated to be placed on the roadways in the summer of 2006, after which time the 2-year warranty period will begin if all project items are complete and the Council approves final acceptance of the public improvements. B. ALTERNATIVE ACTIONS: 1. City accepts maintenance responsibilities of public streets and utilities within the Hunters Crossing development contingent on roadways being swept and the right-of-way being clear of debris for snow plowing operations. 2. City does not accept maintenance responsibilities of public streets and utilities within the Hunters Crossing development. C. STAFF RECOMMENDATION: It is the recommendation of the City Engineer and the Public Works Director that the City accept maintenance responsibilities of the public streets and utilities. L 3~ I ':'d)",:"""'.'" dn,.; ,\'""",,,..-',,i.-."'-" W""",;"~<'rJ".-"" Sd";J~,"T""r'''r''n. !"'(',"'"' Fii..,s..III.^_;'.ili.\ IF'.!-,,,,,),,,,' c,-/ C Il05 ,1,,( SQ. Consideration to approve a request for conditional use permit and development sta!!e . CUP/PUD for Mielke- Loch Retail Development (NAC) A. REFERENCE AND BACKGROUND The Planning Commission reviewed information related to this request on December 6th, voting 4-0 in favor of a recommendation to approve. The Commission indicated they were satisfied with the plans presented by the applicant, subject to the conditions identified in Exhibit Z. The Commission removed items 1, 2 and 6 from their list of recommended conditions as noted. Backi!round and Existini! Conditions. The applicant has applied for a Development Stage CUPfPUD to allow for the development of Lot 4, Block I, Monticello Travel Center 2nd Addition. The subject site is.77 acres and is located west Cedar Street and east of Highway 25. The property is zoned B-3, Highway Business District. Adjoining commercial land uses within the block include a proposed Wendy's Restaurant, existing Dairy Queen, and a proposed Holiday Station Store. The proposed plan calls for the development of a retail shopping center with multiple tenants. The proposed building will be a total of 10,700 square feet. Shopping centers are allowed by Conditional Use Permit within the B-3 District. Performance Standards and Setbacks. Below are the setback requirements for the B-3 District and that which is proposed by the developer. . Front yard Setback Side yard Setback Rear yard Setback B-3 Standard 30 feet 10 feet 30 feet er As part of the CUP/PUD the developer is seeking flexibility from the front yard setback requirement of the Ordinance. The building is oriented with its fa<;ade directed toward the inward part of the site area. Because of this orientation the rear of the building will be facing Cedar Street. Two options exist for resolving this issue. The building could be oriented to face the public street or the building elevations could be similar throughout the entire building with fake fa<;ades and false windows at the southern, eastern, and northern portions of the building. The applicant has provided awnings along the Cedar Street exposure, and has agreed in meetings with staff to add false windows to create the impression of a building front. These improvements should minimize the impact of the rear building exposure along Cedar Street. Buildini! Plan. The developer has submitted building elevations. The City should comment on the building design and orientation in relationship to Cedar Street as indicated above. The building includes a combination of stucco/EIFS, decorative tile bands, aluminum and glass and a tile and masonry base. . The developer is proposing a concrete walk throughout southern, western, and northern portions of the building. As part of the PUD flexibility, the City may require that the concrete walk connecting the parking area to the building include a mix of decorative pavers. I 13/ Use Office Building 47 Pro 36 stalls . Additionally, the developer is proposing to connect the existing walk on the eastern portion of the site along Cedar Street. This suggestion is offered to mitigate the highly limited landscaping area on this portion of the PUD. Parkin!t Required and proposed parking is identified below: As a condition of approval, a shared parking agreement and access easement will be necessary for the access and remaining parking stalls. The parking stalls proposed by the developer meet the minimum length and \vidth requirements of the Ordinance. Access and Circulation. The overall access and parking design is a concern. The parking area located in the northeastern portion of the site is a concern as there is little stacking space for vehicles exiting the area. Cars backing out near the curb cut will impede the general traffic flow within this area. While this will not prohibit the overall traffic flow into or out of the site, it may impede the overall circulation pattern at times. The applicants should consider signing or other warnings to address this issue. . Landscavinl!. Roughly 10 percent of the total site area is landscaped. The landscaping plan is minimal, with a total of 11 trees and 35 shrubs throughout the site. The zoning ordinance requires one tree per 50 feet of perimeter lot line. This site contains approximately 850 of lot perimeter, requiring a total of 17 trees. As a condition of approval, additional plantings should be considered, particularly in the rear of the building that faces Cedar Street. Staff would recommend that the striped areas be raised with landscaped islands to incorporate additional landscaping throughout the site area. Sizna!!e. Section 3-9[E]2. (b )ii of the Zoning Ordinance states that single or double occupancy business structures shall have two options for permitted signs. The first option allows for wall signage only. The second option allows for a combination of wall signage and pylon signage. The applicant is proposing the following signage for the site: Wall Signage Monument Sil!nal!e 7 wall signs I monument sign 8 signs 240 square feet 120 square feet 360 square feet . The Zoning Ordinance states that the total sign area shall be 300 square feet. The applicant is proposing 360 square feet. As part of the CUP/PUD the developer is seeking flexibility with the overall sign square footage allowed under Ordinance. Li!!.hlinz. As a condition of approval, the photometric plan will be subject to the review and approval of the Building Official for conformance to the Zoning Ordinance lighting requirements. The light fixtures proposed by the developer will match the light fixtures already found within the surrounding site area. . Trash Enclosure. A trash enclosure is proposed on the eastern portion of the building. The trash enclosure will be located within the building and will comply with the Ordinance. 2 I ~~ Gradinz Drainaze and Utilities: The applicant has submitted grading, drainage, erosion control and utilities plans which are subject to the review and comment of the City Engineer. Develooment Azreement: As a condition of approval, the applicant will be required to enter into a development agreement with the City. B. ALTERNATIVE ACTIONS The Planning Commission recommends alternative 1 below. Development Stage PUD 1. Motion to approve the Conditional Use Permit and development stage PUD based on a finding that the proposed plan consistent with the goals of the Comprehensive Plan, subject to the applicable conditions of Exhibit Z. 2. Motion to deny the Conditional Use Permit and development stage PUD based on a finding that the plan is not consistent with the intent of the Comprehensive Plan. C. STAFF RECOMMENDATIONS Staff recommends approving the Conditional Use Permit and development stage PUD application subject to the conditions outlined in Exhibit Z. ~ D, SUPPORTING DATA A. Aerial Image B. Site Plan C. Exterior Elevations D. Site Photometric Plan E. Grading & Utilities Plan F. Landscaping Plan Z. Exhibit Z - Conditions of Approval ~ " " 1~3 u___ --.----::::J . Exhibit Z: Conditions of Approval Mielke-Loch Retail Development 1. :\ oRarea aeeess easemeHt aRd soored parkiHg agreemellt shall 13e flFeflared and aflproved by the GHr. 2. The striped area within the soutawest portieR efthe site shaH be raised ElIla r~fllae0d with laRaseaped islands. 3. The applicant shaH revise the landscaping plan to include additional trees if required per the MonticeHo Zoning Ordinance. All landscaping areas shaH be irrigated and provide a minimum of a one-year landscaping guarantee. 4. The photometric plan shaH be subject to the review and approval of the Building Official. 5. The building elevations shaH be similar throughout the entire building, with false windows at the southern, eastern, and northern portions of the building. e. The eeHerete walk eOHHeetiHg the flarbHg area to tRe buildiHg sRaH iRelude a mi)[ture of deeomti':e . pavers. 7. The grading, drainage, erosion control and utility plans are subject to the review and approval of the City Engineer. 8. The applicant shaH enter into a development agreement and PUD agreement with the City to be drafted by the City Attorney. 9. 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F", ~~ ~ ~f" ~ e~ 0:7, i-< '3' ~ 1i '0 ~g ~ ",. ~o ~~,.!i ~ c" . .~ "~ 0 "0" .:; .iJ., .;;. ""; fi! lE~ ~ "'r-. .......!., \a'" 0 i'i '" ~ ;i'~ 'f> ~ ~"'.. 8~ '-'8 99 ~ j 8 9 ~o '" ':< i"~;1! "'g ~! fi"- .., :iI ~ ~ z .... ~ f; ~ ",..,...8 ~ i"; ":1 in [!;~ ;.; 0:: :z;:;;f\ <:d;oa is ~ '" 8~ i" i "'~;;;' 6 g ;0 ~ !il z<=' ~ '" S1 ~ c;: ~ li Iii ~ ~=1 ~ 0. ~ 8~ E ~ ~ ~ ~~ ~ j ~ i ~ ~ ~ ~ ~; ! ~l i: - ~ ~?sa ~ ~ ~ i ~, ~i . . ,~i, I 5 ~ ~ ~ ~~. q. 2 0 '" ". r-;! ~ ~, . . L~_ @~(/~ 1 t ~ ~ f: j; I~ , 1m f1; . '~ I I I . . . Council Agenda: 1211 2/05 5R. Consideration to approve a request for a PUD Amendment and Preliminary Plat approval for Poplar Hill. Applicant: Insi!!.nia Development. (NAC) A. REFERENCE AND BACKGROUND The Planning Commission recommended approval of the request in a 4-0 vote at the December 6th meeting. The Planning Commission commented positively on the changes to the preliminary plat, which reduced the density of the project and increased the number of single-family homes. The Commission noted that the overall park plan remained as previously proposed in terms of size and configuration, and noted that the applicant should not receive park credit for land within the powerline easement. The Commission also discussed the developer's proposed amenities, including private parks and the reduction in density from what the comprehensive plan would allow as trade-offs for flexibility in zoning standards. The Commission did recommend that the developer work with the adjacent landowner, Jeff Fisher, to discuss road heights and location relative to future platting of that property. The Commission did hear public comment regarding the traffic and safety issues along 90'h Street. In their motion, the Commission added a condition that the City proceed with the reconstruction of 90th Street at the time that 75% of the units in Poplar Hill are complete. The developer will escrow funds to pay for their portion of the road reconstruction cost. It should be noted that most ofthe conditions within the staff report provided to the Commission are either 1) items referring to future platting ofthe commercial outlot, 2) restatement for the record of the standards applicable upon approval of the PUD, or 3) standard items required before the plat can proceed to final plat. The applicant has indicated they intend to comply with each of the conditions as noted. In summary, the majority of the conditions listed are not indicative of changes or revisions to be made to the plat. Insignia Development is requesting a PUD Amendment and revised Preliminary Plat approval for a development to be known as Poplar Hill. The subject site is 230 acres in area and is located south of 90'11 Street Northeast and west of the Groveland Development. The project, which went through concept review in October of 2004 and Rezoning, PUD and Preliminary Plat review in April of2005, is being amended to eliminate the multifamily component proposed in April. The PUD amendment being requested by the developer would remove the entire apartment and townhome components and replace them with single family detached lots. Those lots will consist of eithcr R-2A or R-I lots. Issues including site design, long term use of the existing excavating business, access and circulation were discussed during concept and preliminary plat review. The developer has revised plans to deal with such issues. The following report includes planning staffs analysis, review, and recommendations regarding the revised plans dated October yd, 2005. !~s Council Agenda: 12/12105 Land Use: . The land uses proposed for the Poplar Hill development are reflective of the City's Comprehensive land use plan. The project proposes that the subject site be rezoned from its current A-O designation to a mixture ofland uses including R-IA (single family residential), R-I (single family residential and R-2A (Single Family Residential). The Comprehensive Plan language calls for mixed use in this area, including park land, residential, and commercial uses. The only change represented by this proposal is to the mix of residential units. The park land and commercial areas remain a part of the ultimate land use mix. The bulk of the overall plat design will remain the same from that which was proposed in April. However, the plat has changed significantly in the northwestern portion of the site. The plat proposed in April included a total of 180 town homes within the R-3 district. A total offour 75-unit apartment complexes (300 units in total) were proposed under the PZM (Performance Zone - Mixed district) requirements. These multifamily components have been eliminated and replaced by single family lots. The following table illustrates the lots proposed as part of the PUD amendment compared with that which was proposed in April. . Lot Summary Lot Summary PUD Amendment Lot Difference II April 2005 November 2005 ~-]A 102 Lots ~-]A 102 Lots :11'-1 A o Lots IR-l 53 Lots IR-l 146 Lots lR-1 +83 Lots IR-2A 70 Lots IR-2A 50 Lots .IR-2A -20 Lots !iR-3 Town 180 units ilR-3 Town homes -180 units !JR-3 Tmvn homes -]80 units homes 'PZR 300 units PZR Apartments -300 units PZR Apartments -300 units f'\.partments TOTAL: 705 Lots TOTAL: 298 Lots Difference -407 The overall density has been reduced as well. The gross area density calculation of the plan proposed in April was 3.07 un./ac. The density of the current plan will be 1.29 acres. Lot Standards: The following table illustrates the lot requirements for the proposed zoning districts: )'~ ~. R-IA R-l R-2A 7,500 sfavg. 45 feet 10 led 6 feet . Lot Area Lot Width Front Setback Side Setback - HOllse Side Side Setback - Garage Side Rear Setback oofPitch Jaragc Size 16.000,favg. 90 feet av T. 35 feetcl'ig. 15 feet 12.000 sf avg. 80 feet avg. 30 fe~l avg. 15 feet 6 led 6 feet 6 feet 30 feet/usable 6112 700 sf 30 fcet/usable 5/12 450 sf 10 feet 5!12 450 2 Council Agenda: 12/12!05 . House Size 2. 000 sf 2,000 sf L200 sf Finished Size 2,000 sf 1.050 sf L200 sf rambler (1,400 sl) 'olmdation Size I ,400 sf None None iarage Location No closer than 5 n. in Std. setbacks No closer than front front affront building building line of line of living space living space Fapde Detail 20% brick/stone or None 20% brick/stone or 1 Q1~o jf 70%) is covered 10% if70% is \-vilh wood or stucco covered 'with \,vood or stucco iarage Frontage 40% of bldg. width in }J one 50% of bldg. \vidth rront~Jacing in front-facing and scapi ng Sod & two trees per lot Sod and t\'I'"O trees Special requirements in new subdivision or per lot and four trees for front yard four trees for corner for corner lots landscaping lots The developer is requesting flexibility with regard to the lot sizes, lot setbacks, and some of the R-1 A building size requirements. This flexibility is in exchange for development amenities that include greater design amenities in homes and lot layout and includes items like landscaped private open space, common berm and fencing areas, and other amenities. The R- 1 A, R-I and R-2A districts allow for an averaging of lot sizes. As seen in the following table, each of the proposed districts is consistent with the average lot area requirement: . District R-IA district R-1 district R-2A district Average lot size 16,566 sf 104 sf 10.042 sf Within all residential areas all other performance standards not flexed via the PUD application will be required to be met. This will include adequate overstory trees for each residential lot and the setbacks as outlined in the requested PUD information. Circulation! Access: The overall circulation and access plan remains the same for the majority of the plat. The private drives that existed as part ofthe first preliminary plat submission have been eliminated. The right-of-way width for most public streets is 60 feet with 30 feet of paved surface. A small portion of the southern plat will have 52 feet of right-of-way with a 32 foot paved surface. As a way to continue the overall design of the plat, staff would recommend that the cul-de-sac in the northwestern portion of the plat become a secondary access off of Road K1L. The intersection ofK!L could be curved in a manner that is consistent with the majority of the plat. . The City Engineer must review and approve the final street plans. . 3 ) '~-7 Council Agenda: 12/12/05 Park / Trail: . The overall park and trail plan has remained the same for the plat. The Ordinance states that one acre of park land should be dedicated for each 75 persons in a subdivision. To estimate the population, a household size of 3.5 persons per unit for single family homes is established. Single family homes * I 298 Totill ],043 Acres Required (I per 75 persons) 14 l4 acres Unit Type Numher of Units Persons Per Househo]d 3.5 per unit Total Persons A total of 14 acres of parkland is required. During the concept review and preliminary plat stage the developer showed a 39.37 acre park. The amended plat shows the same 39.37 acre park in the central area of the plat. A large portion of the proposed dedicated park lies within the transmission line easement or delineated wetland. The 14 acres of required park land must be usable area, which generally does not include land encumbered by utility lines easements unless the land is deemed to be a public benefit. Based upon the proposed park layout, approximately 17 acres lies within the power company easement leaving 23 acres available for park exclusive of the easement or wetland. . The overall layout of the park includes two football fields and 3 soccer fields. The acceptability of the park land improvements, which at concept level included four soccer fields and three baseball fields, as well as the proposed trail system, are subject to comment and recommendation of the Park Commission. As mentioned previously, a total of285 parking spaces are identified within the park area. The parking spaces are located within the powerline easement area, with the fields located outside of the casement. According to the City's Zoning Ordinance, at least I parking space is required for eight seats of design capacity. Based upon the review of American Planning Association (AP A) guidelines, parking stalls required for athletic fields range from 10 spaces per field to I space per 5,000 square feet of parkland area. If both of these calculations are applied, the applicant would be required to provide a total of either 50 parking spaces (10 spaces * 5 fields) or 148 parking spaces (5,000/17 acres). Based upon AP A standards, it is apparent that the applicant has over parked this area. Staff would recommend that the parking plan be revised to 100 spaces with the rest remaining as open space within the easement area. The developer will be required to designate handicapped accessible parking on the plan as a condition of approval. Outlots: There are a total of 13 outlots proposed for the entire site. The following table illustrates the acreage of each outlot and its function related to the plat. As a condition of approval, the developer must identify the proposed use and ownership of eaeh outlot. . Below is a review of the proposed outlots. 4 1?,S5 Council Agenda: 12112/05 . Outlot Acreage Function Outlot A .68 Buffer Area Block 2 Outlot B .14 Buffer Area Outlot C 1.0 Buffer Area Outlot D 14.63 Wetland North of Street G Outlot E .15 Buffer Outlot F .40 Outlot for play lot and gazebo Outlot G .28 Buffer Outlot H 1.48 Wetland Outlot [ 2.46 Wetland Outlot J .73 Swimming pool area / basketball court Outlot K 3.28 Future development OutlotL 39.37 Future Park Outlot M .32 Buffer The City must determine which outlots \vill be maintained through the City and which will be maintained by the Homeowners Association (HOA). There are a total of 5 off~street parking stalls identified adjacent to Outlot J. This should be adequate to serve the immediate neighborhood. Building stvle: . As a PUD, the City has the ability to impose design-related conditions related to building styles. The developer has submitted elevations for the various housing styles. The exterior materials will include brick, cultured stone, and shakes. The single family homes must meet the performance requirements as defined in the zoning ordinance and outlined in this report. As a condition of approval no more than twenty-five (25) percent of all homes shall be split- entry design in the R-1 and R-2A areas. This shall become a requirement of the private covenants. Landscaping: The applicant has submitted a landscape plan. The overall plan lacks a diversity of plantings within the overall area. Staff would recommend that Norway Maple and Green ash replace white ash or silver maple as these species are overplanted and are considered invasive. Cockspur Hawthorn are susceptible to fire blight and should be incorporated with other species. Blue Beech and Amur ChelTY are effective when used in clumps. It is unclear as to how these particular species are to be planted. Additionally, Amur Cherry should not be planted on the edges of unprotected land areas (they are currently identified near the future business area) as they are susceptible to being overturned in the wind due to a shallow root system. Finally, the developer has identified a row of evergreen trees along School Boulevard, however, staff would recommend that this section include a mix of deciduous shrubs to supplement the evergreen tree planting. . 1\ buffer yard is required between the commercial areas and the low density residential areas that meet the following standards: 5 13~ Council Agenda: 12/12/05 . . A minimum landscape yard of 30 feet . 120 planting units per 100 feet of property line It should be noted that only half of the required landscaping within this buffer area needs to be planted at this time as the commercial area will remain vacant. The single family residential lots within the development require two overstory trees per lot with the exception of corner lots which require four. As a condition of approval, the homeowners association will be responsible for landscaping maintenance in the yard yards of all R-2A homes. Trail Svstem: The applicant is proposing an eight-foot bituminous trail on the eastern portion of School Boulevard. Additional sidewalks and trails are proposed throughout the site as well the northeastern portion of the plat along 90th Street. As a condition of approval, the trail system will be required to be completed during the first phase of the development. The City Engineer shall comment on the sidewalks proposed as part of the street plan, as it was noted that there are locations where sidewalk needs to be added. Signage: - Detailed signage has not been submitted at this time. As a condition of approval, the City will require a detail of each proposed entrance monument sign structure. Wetlands: Issues related to the three wetland areas on the site are subject to the review and comment of the City Engineer. Grading Drainage and Utilities: The applicant has submitted grading, drainage, erosion control and utilities plans which arc subject to the review and comment of the City Engineer. B. ALTERNATIVE ACTIONS The Planning Commission recommends approval of the Preliminary Plat and Amendment to the pun. pun Amendment and revised Preliminary Plat approval of a development to be known as Poplar Hill. . Motion to approve the PUD Amendment and revised Preliminary Plat based on a finding that thc proposed PUD is consistent with the goals of the Comprehensive Plan, subject to the applicable conditions of Exhibit Z. 6 I L/ 0 . . . Council Agenda: 12/12/05 2. Motion to deny the PUD Amendment and revised Preliminary Plat based on a finding that the proposed PUD is not consistent with the intent of the Comprehensive Plan. C. STAFF RECOMMENDATIONS StafIrecommends approving the rezoning, development stage PUD, and preliminary plat applications subject to the conditions outlined herein. D. SUPPORTING DATA Exhibit A - Site Location Map Exhibit B - Applicant Packet Including: Cover Sheet Existing Conditions Preliminary Plat & PUD Street Sections Preliminary Grading, Drainage and Erosion Control Plan Preliminary Utility Plan Preliminary Landscape, Trail and Amenities Plan Street Profiles Exhibit C - Project Narrative Exhibit D - Typical PUD Home Designs & Standards Packet Exhibit Z - Conditions of Approval - Poplar Hill 7 ) 41 . . . -- Council Agenda: 12/12/05 Exhibit Z - Conditions of Approval Poplar Hill pun Amendment and Revised Preliminary Plat I. All lots and proposed units, with the exceptions of Lots 17 and 18 of Block 4 "flag lots" shall meet the performance standards per the zoning ordinance, unless otherwise noted within the application PUD narrative and exhibits. 2. The shared access for the commercial area shall be shifted to the south and shall be utilized as a single-loaded access. 3. The development of the commercial area shall require a separate site plan review. Approval of the Poplar Hill PUD shall not be considered an approval for any business use within the site until additional plans are submitted and approved by the Planning Commission and City Council. 4. Access onto Lot 1 -5, Block 17 shall come off of Weston Drive only. 5. The City shall need to determine if a portion of the easement area is acceptable to be included in the park land dedication. 6. The applicant shall limit the parking stalls within the park area to one hundred (100) parking stalls \vithin the easement area. The remaining land area shall remain open space. The applicant shall identify handicapped accessible parking stalls within the park area. 7. The final street plans shall be subject to the review and approval of the City Engineer. 8. The single family homes shall meet all performance requirements of their associated districts as defined in the zoning ordinance and outlined in the planner's report. 9. Outlot J shall have a minimum of five (5) parking off-street parking stalls. 10. All single family residential lots within the development shall contain the required two overstory trees per lot with the exception of corner lots which require four. I J. No more than twenty-five (25) percent of all homes shall be split entry design in the R-] and R-2A areas. This shall become a requirement of the private covenants. ] 2. All lots within the R-2A district shall be required to have no less than 60% of the front yard designated as landscaped garden areas. The City has prepared a site example and narrative information regarding this requirement which will be applicable to this site. ] 3. The homeowners association will be responsible for yearly landscaping maintenance in the yards of all R-2A homes. . 14. The applicant shall revise the landscaping plan based upon the conditions and recommendations found in the planner's report. 8 I q ;.; . . . Council Agenda: 12/12/05 IS. All landscaped medians and HOA common landscaped areas shall be required to be irrigated. 16. All site signage that will be used in the residential development must be submitted prior to final approval and must mcet thc requirement of the sign Ordinance. 17. Issues related to the three wetland areas on the site are subject to the review and comment of the City Engineer. 18. The grading, drainage, erosion control and utility plans are subject to the review and approval of the City Engineer. 19. The applicant shall enter into a development agreement and PUD agreement with the City to be drafted by the City Attorney. 20. The applicant is to prepare a PUD standards guide which is to contain PUD information specific to each zoning district within the development. 21. A copy of the HOA documents shall be subject to the review and approval of the City. 22. The City shall proceed with the reconstruction of 90th Street at such time that 75% of the units in Poplar Hill are complete. The developer will escrow funds to pay for their portion of the road reconstruction cost. 9 143 http://156.99.28. 84/servlet/com.esri .esrimap.Esrimap?ServiceN ame=CustomParcel&ClientV ersion=3.1 &... 12/1/2005 Page 1 of 2 - I ~ 3 -,.f\ e e e lie Poplar Hill City of Monticello, Minnesota Monticello is among of the fastest growing communities in the Northern Metro Area, Monticello's location on the Interstate 94 corridor between the Twin Cities Metro and St. Cloud provides an economical and attractive living environment for families looking for significant community amenities, schools and services all available in Monticello, Insignia Development received PUD/Preliminary Plat (PPP) approval unanimously at Planning Commission and by majority at City Council during the Spring of2005, Since that time, Insignia has evaluated the proposed housing mix in regards to the current market conditions and upon review, propose the following amendment to the existing PPP approval; . R3 lots (townhomes) decreased from 250+ to 0 RIA lots remain at 102 lots R I lots increase from 53 to 146 lots R2A lots decrease from 70 to 50 lots . ,dC- . . With the proposed amended PPP, housings densities are reduced from the approved 605+ unit count to 29S'whi1e neighborhood amenities are relatively the same with Insignia providing; . Park land dedication and grading . R2A area tot lot . RJ A/RlIR2A area pool with play area . Trails and sidewalks Insignia provided infrastructure improvements are significant and will include; . Construction funding of School Blvd extension through the development . Escrow for future 90tl; street improvements . Water main over sizing . Storm water control . Wetland preservation At this time, Insignia requests City Staffs acceptance of the Amended PUD/Preliminary Plat application for Poplar Hill with the following PPP waivers and/or vanences, 1. Zoning of RIA, RI and R2A areas consistent with the amended plans as presented for the following reasons; a, Removal of the apartment component )\.\3-Sj- -- e tit b. Removal of the townhome component c. Neighborhood mix of single family lots d. Density calculations have been reduced 2. RIA zoning reduction to] 200 square feet for the minimum square foot foundation size for 2-story and modified 2-story for the following reasons; a. Consistent with waivers previously supported by staff and council b. Provides a high-end home solution that does not create a cost barrier to the homebuilder/owner c. Garage, fayade, roof and setback requirements and variation will provide a mix in home designs as presented d. Ramblers would be increased to a I 600 square foot minimum 3. RIA front yard setback reduced to 30' consistent with RI zoning for the following reasons; a. Average lot sizes exceed minimum zoning ordinance standards b. Developer provided amenities as reflected above 4. RIA and RJ side yard reduction to 16 feet overall (excluding comer lots) while meeting side yard minimums for the following reasons; a. Average lot sizes exceed minimum zoning ordinance standards b. Provides for minimum setbacks as required per zoning ordinances c. Developer provided amenities as reflected above 5. Parking reduction at the pool to 5 parallel stalls along a recessed curb area for the following reasons; a. The pool, playground and basketball court are centrally located to 90% of the homes in ti1e development with access by trails and/or sidewalks and within easy walking/biking distance b. We believe we have created an area large enough to support the development and off-street parking may turn into a skate board or other nuisance for adjacent residents c. Insignia has developed projects with pool/play areas with the proposed 5 parking spots successfully and has not to date had any resident complaints. Home plans are attached for each zoning area. Home plans exhibit requirements of City Zoning Ordinances with square footages adjusted per the above waiver request. The following sUll11TIary lists each home style concept and presented for examples as follows; 1. RIA-Singlefamily a. Plan A - 2-story - 1200 square foot foundation b. Plan B - 2-story - 1290 square foot foundation c. Plan C - Rambler - ] 700 square foot foundation 2. RI - Single family a. Pla11 D - 2-story - 1080 square foot foundation b. Plan E - 2-story - I 190 square foot foundation \'\3_.52 e C. Plan F - Rambler - 1650 square foot foundation 3. R2A-SingleFamily a. Plan G - 2 story - 1200 square foot minimum finished b. Plan H - Rambler - 1200 square foot minimum finished Insignia Development is committed to Monticello, Poplar Hill and this amended PUD/Preliminary Plat application. The amended PPP as presented exhibits a positive neighborhood experience for both adjoining prope11y uses and future residents. We anticipate your support. Thank You. e e . s ':S \ \..\ ~ -. . ZONE R-1A PLAN "A" ----~------- =- -= =--_-_-=...= -=--=--=------0:= -=------=-~~ -- ~-- --- --- --- - ---------- --- --- --- --- --- - --- --- --- ---- --- --- - --- -- ----- ----- ------- ------- - --- -- - ---- --- --- --- --- ---- ---- ------ ----- - --- -- - ---- - -- -- -- - -- -- -- ---- -- - - - - - - -- - - - 6/12 ROOF PITCH (MINIMUM) ~ ~ 20% BRICK OR STONE ON FRONT ELEVATION, 10% BRICK OR STONE IF FRONT IS AT LEAST 70% WOOD OR STUCCO GARAGE DOOR SIZE NOT TO BE MORE THAN 40% OF FRONT ELEVATION [g I II II II I II ~= = ==.,~= =-, === "'~ = d' / [ \ '- " "'- 1200 SQUARE FEET ------- .--------- ---- -- ------------1 I I I ------1 I I I GARAGE NOT TO PROTRUDE MORE THAN 5' IN FRONT OF HOUSE " 'I i~1-,~ Y ZONE R-1A PLAN "B" 6112 ROOF PITCH (MINIMUM) EE a=J IHJffiB LJ - -- -- - ~- - --- --- --- --- --- --- --- --- -- ----------- ------- --~------------------------- -------------- ---------- =----=- ---=-= -=---=-= ---=---=---=--=---=....- - - ---=-- --=---==-... -=-~---=--..=--- ---------------- ----------- -------------- ---------- - --- --- --- --- --- --- --- --- -- - --- BBECa IJ [] IJ o o 20% BRICK OR STONE ON FRONT ELEVATION, 10% BRICK OR STONE IF FRONT IS AT LEAST 70% WOOD OR STUCCO GARAGE DOOR SIZE NOT TO BE MORE THAN 40% OF FRONT ELEVATION ~ o E3J o @] @] "-----------, , , , , , , , , , , , , , , , , 1---------------------1 , , , , , , , , , , , , , , , , GARAGE NOT TO PROTRUDE MORE THAN 5' IN FRONT OF HOUSE \ ( I I 1290 SQUARE FEET /' / ~ II{ 3 -\;;.l ~ , ZONE R-1A PLAN "e" 6/12 ROOF PITCH (MINIMUM) 20% BRICK OR STONE ON FRONT ELEVATION, 10% BRICK OR STONE IF FRONT IS AT LEAST 70% WOOD OR STUCCO GARAGE DOOR SIZE NOT TO BE MORE THAN 40% OF FRONT ELEVATION r::;--~'--? , j------{ I I I I I I I I I i I "-_._-_---./ ~ nld,I-: liJ --, I , . I L/ . I I I 1700 SQUARE FEET ,-----._---, I I '----l I I GARAGE NOT TO PROTRUDE MORE THAN 5' IN FRONT OF HOUSE \ '-\ '3 .T,3 ZONE R-1 PLAN "0" 5/12 ROOF PITCH (MINIMUM) - - - - - - - ~-----~---~- -~---------------- - --- --- --- ----- --- --- --- --- --- -- ----------- ---~-------------- - - - - - - - - - Ii rm1 15% BRICK OR STONE ON FRONT ELEVATION, 5% BRICK OR STONE IF FRONT IS AT LEAST 70% WOOD OR STUCCO - -~II- -T- III :11 1'1 II II II Iii III o o o o -lr- - - Ii L_ Ir- III "III 'III II II III / r / "-1 L_________ll 1080 SQUARE FEET \ '-t '?, .-\ L\ ZONE R-1 PLAN "E" 5/12 ROOF PITCH (MINIMUM) 15% BRICK OR STONE ON FRONT ELEVATION, 5% BRICK OR STONE IF FRONT IS AT LEAST 70% WOOD OR STUCCO o ~ Iil L. ( 1190 SQUARE FEET . I / ! -,../ ~/ \ '\: 3-~S ZONE R-1 PLAN "F" 5/12 ROOF PITCH (MINIMUM) ----- -- -- --- - - ----- ----- ~ -- ---- - -------- -- ---- --- - ---- ---- ---- --- - --~ - ---- - -- ----- 15% BRICK OR STONE ON FRONT ELEVATION, 5% BRICK OR STONE IF FRONT IS AT LEAST 70% WOOD OR STUCCO CJ zj 1650 SQUARE FEET " / 'I ( \ ~ "--- t~'3.Tb . ZONE R-2A PLAN "G" 5/12 ROOF PITCH (MINIMUM) ]1 -- cc D[J OOD f 20% BRICK OR STONE ON FRONT ELEVATION, 10% BRICK OR STONE IF FRONT IS AT LEAST 70% WOOD OR STUCCO GARAGE DOOR SIZE NOT TO BE MORE THAN 50% OF FRONT ELEVATION 1-------.------1 I I ! I I I F- o o iL_______ , GARAGE NOT TO PROTRUDE IN FRONT OF ANY PART OF HOUSE 1200 SQUARE FEET (MINIMUM) '" " "- '---- ~-, "~ 14?>_T, ZONE R-2A PLAN "H" 5/12 ROOF PITCH (MINIMUM) IJUJ 01] 00 --- - - --- ----- --~-- -~------ - --- --- - --- --- ---- -- ~ -- - --- --- -- --- - ---- - - -- -- ----- -- - -- --- ~ -- = --. -- - ,-=~---=-=-= =-- - =.--=- =-----=------= =- "" .==..-- --- ---= =- -- - -- - - - ---- - - -- - -- --- -- - -- 20% BRICK OR STONE ON FRONT ELEVATION, 10% BRICK OR STONE IF FRONT IS AT LEAST 70% WOOD OR STUCCO GARAGE DOOR SIZE NOT TO BE MORE THAN 50% OF FRONT ELEVATION Ocr 'I __L _J 1-- - ----- - - --- ~ - ------i I I I I I I I I I I I I I I I I b 1200 SQUARE FEET (MINIMUM) GARAGE NOT TO PROTRUDE IN FRONT OF ANY PART OF HOUSE - \ l-\ ~--r))' . . . B. Council Agenda: 12/12105 5S. Consideration of Durchase bv Quit claim deed land needed to reali!!n Otter Creek Road at CSAH 75. (RW) A. REFERENCE AND BACKGROUND: As part of the planned improvement of Otter Creek Road between County Road 75 (Broadway) and Sandy Lane, the City will be realigning the access point at County Road 75 to create a right-angled intersection. This improvement would require acquisition of a 2,596 square foot triangular parcel of property owned by Russell and Carol Lovegren. In addition to the outright purchase of this parcel, the City would also obtain a new 10 foot utility and drainage easement along the perimeter of the Lovegren's property. Public Works Director, John Simola had discussed this acquisition need with the Lovegrens and has negotiated an agreement with them to purchase this right-of-way for $7,139 or $2.75/sq. ft. Once the actual realignment takes place and the new road is constructed, the City would then be able to sell the former Otter Creek right-of-way that is not needed anymore to the east property owner, Tom Holthaus, who will be able to utilize the right-of-way as part of his future Pine View five lot single family development. It is assumed that the City will sell the excess right- of-way to Mr. Holthaus for the same cost that the City incurred in acquiring the new right-of- way to realign the road. The Lovegrens have indicated approval of the acquisition and are prepared to execute the necessary easements and quit claim deeds upon Council approval. ALTERNATIVE ACTIONS: I. Authorize staff to prepare the necessary quit claim deed and easement documents to acquire this triangular parcel at a cost of $2. 75/sq. ft. or $7,139. 2. Do not authorize at this time. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator and Public Works Director that this purchase be completed to allow for the realignment of Otter Creek Road. Cost associated with it should be recaptured upon sale of excess right-of-way to the adjoining property owner on the east side, and thus no cost should be incurred by the City for the realignment. D. SUPPORTING DATA: Copy of proposal acceptance, legal description and map depicting area. \ L\ ~\ If you are in agreement with the proposed purchase and the purchase price, please acknowledge in the space provided on the bottom of this letter and return a copy to me in the enclosed self-addressed, stamped envelope. If you wish to discuss this with me, please give me a call a 763-271-3271 and I'll be happy to stop by at your convenience. . ( , . I ~ MONTICELLO November 18, 2005 Mr. & Mrs. Russell & Carol Lovegren 1205 West Broadway Monticello, MN 55362 Re: Proposed Purchase of a Portion of Lot 8 for Otter Creek Road Right of Way Dear Mr. & Mrs. Lovegren: . I have finally been able to put together the necessary surveys and legal descriptions for a proposed purchase of a portion of your property for the new Otter Creek Road right of way. Your property currently has a 10' drainage and utility easement along the east side abutting the existing Otter Creek Road right of way. The City is proposing to purchase a triangular piece of property, approximately 51.92' x 100.05' on the east side of your property. We propose to pay you $2.75 per square foot for this property as unencumbered property. The existing easement would be relocated to the eastern edge of your new property line so that the edge of your property line still contains a 10' drainage and utility easement, slightly smaller in square footage than the easement that was on the original triangular piece. The triangular piece of properly contains 2,596 square feet. At $2.75 per square foot, the price totals $7,139. In addition to the purchase, the City will take care of all of the legal documents and prepare a deed for your signatures. In addition, as stated previously, the City will move or replace any existing trees or shrubbery to your satisfaction currently on the property which we are proposing to purchase. Furthermore, any lawn disturbed by the project outside the new right of way on the 10' drainage and utility easement will also be restored to your satisfaction. A copy of the legal description and a drawing of proposed land to be purchased are included for your review. . F:WJMINlWor<IP"",UOHMLETTERS'lOVEGREN EASEMENT PURCHASE OTTER CREEK RD RO'N_11180SL TRM>d '&"1' o{ 1flnnliLc.Ib, <ti2fl<<>>a{ 'iJ'uAI.w '1Vo.uI"" 909 c€Jolj o/,-uuv "R",d, 'YI1mui~. 7Itf~ 55362 9S~, (763) 295-3170 90", (763) 271-3272 \~S . . . November 18, 2005 Mr. & Mrs. Lovegren Page 2 of2 There are two council meetings left this year, one on the 28th of November and the other on the 12th of December, at which time we could finalize the agreement ifit is satisfactory to you. If you have any other concerns or considerations you want included, please contact me at your earliest convenience. Respectfully, OF MONTICELLO ;efJ ohn E. Simola Public Works Director JESlbeg Enclosures cc: Rick Wolfsteller, City Administrator File ACKNOWLEDGEMENT We, Russell and Carol LoveQren . hereby agree to the above stated terms and conditions of the purchase of a portion of Lot 8 for use as the new Oller Creek Road right of way. BY: ~...IJ&vJJ~~'?DATE:11 k, /()~ Rusell Lovegren BY: tJ;~a'~DATEj(-2/-{)5 Carol Lovegren F;'.AOMI0l\WordprocWOHNlLETTERS.\LOIIEGRENEASalEWPllRCH.O.SEOTTERCRE:EKROROW.1'1lJJf>.LTR 'eibf 01- W~. ~i=of '{IJuldio 'W~. 909 c€lolf ~ 9'1mut, Wlon.l.i.alJ.,y, cyncn 55362 "Ge1-~.. (763) 295-3170 7a>> (763) 271-3272 \L\\o C:"DOCtlnh'11tS and Sdlingsj(lhn,sirnolil'J,.oc<l1 Sdlings'J-~Tllpnrar): lnl.;md lIil~,,\OLKE\Pan:cl 1.doc \~\ " - . . . Location: City of Monticello Project No,: 1494-04 P,lD, No,: 155-012-002080 Date: Revised: October 11, 2005 October 17, 2005 Parcel No,: I That part of the following described parcel ofland in the City of Monticello: Lot 8, Block 2, CREEK-SIDE TERRACE, according to the recorded plat thereof, Wright County, Minnesota, Which lies within the following permanent easement for street, utility and drainage purposes: That part of Lot 8, Block 2, CREEK-SIDE TERRACE, according to the recorded plat thereof, Wright County, Minnesota, which lies southeasterly of the following described line: Commencing at the southeast corner of said Lot 8; thence northwesterly, along the southwesterly line of said Lot 8, a distance of5L92 feet to the point of beginning of said line to be hereinafter described; thence northeasterly, deflecting to the right 91 degrees 33 minutes 58 seconds a distance of 100,05 feet to the easterly line of said Lot 8 and said line there terminating, . Also which lies within the following permanent easement for utility and drainage purposes: A strip ofland 10,00 feet in width over that part of said Lot 8, the southeasterly line of said strip is contiguous with the northwesterly line of the above described permanent street, utility and drainage easement Said strip of land is to extend by its full width from the southwesterly line of said Lot 8 to a line drawn parallel with and distant 10,00 feet westerly of the easterly line of said Lot 8, Parties: Russell and Carol Lovegren 1205 Broadway W Monticello, MN 55362 . Note: This is not a legal document It is intended only to present the information to prepare the necessary documents for the acquisition of the easements described above by proceedings in eminent domain or negotiation, . ( . , I ~ €~ MONTICELLO November 18,2005 Mr. & Mrs. Russell & Carol Lovegren 1205 West Broadway Monticello, MN 55362 Re: Otter Creek Road Improvements .' Dear Mr. & Mrs. Lovegren: As we had previously discussed, because you have no driveway access to Otter Creek Road, you will not be assessed for the upcoming Otter Creek Road Improvement Project. If you have any questions or if I may be of any further assistance in this matter, please contact me directly at (763) 271-3271. Thank you. .. Respectfully, :9lfr~CELLO John E. Simola Public Works Director JES/beg cc: File ~{C~ ,~. . F:\AOMI~Word~'JOI'U,^,_ETTER&<.O\IEGREN-No.I>SSESSMENT4-TR- '-(liufO{ 'molllivetto.., 'rftiic.c.uf S)i)ulfi& (l.Vruns', c)()9 't:jai{cf!ou'1$f!' 9<o.ad. '-,nonU<:d.ia', )llcJl. :35362 ?;elep/lOflf'/: (763)295-3170 7axy: (763)271-3272 IL.\<1. l U:lllVd lIBIHX;I lNU4U";1 peoll1l99J3 J9"O - ':><Ij'nt_.v 8SM ... " 'L~ J.~ >>loa ""!Mil ;oo~ 'n J.~ "'~oa On9:1nUOW .0 ~!3 to--t6t~O 'oN ~OJd 8SM ~ ~/~I ~~ ~I ~ ~I ~. ~ '~ ~ I~ ~ I~ _._~ .u~! ~I T I v , > , ,- , " - , , , " " , . ' . ,-. E' ,', ^ - } , > - - ' > " , - , , ' - " , . ' - ^ ...-... , ," (............ 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REFERENCE AND BACKGROUND: Over the past few months we have been negotiating a new contract amendment with Professional Services Group (PSG) for another 5 year period of time for operating and maintaining the Monticello Wastewater Treatment Facility. The 2005 cost for operating and maintaining the Wastewater Treatment Plant from PSG was $59] ,279.00. That dollar amount including $37,260.00 for repair parts for maintenance and $24,996.00 for natural gas. The City pays directly for contract mowing for the grounds for the Wastewater Treatment plant which can run another $6,000 - $8,000. PSG is proposing a 5 year contract with the first year at the amount of$620,006.00, this includes $39,] 20.00 for repair parts, $25,000.00 for natural gas and limits on polymer and fuel. This dollar amount includes the contract mowing operations. It is felt that PSG could better monitor and oversee those mowing operations being right there at the plant. Exclusive of adding the mowing back in to the contract, the increase is approximately 3.48%. The actual increase to PSG is slightly less than that as the repair parts was actually increased by 5%, the repair parts is a refundable part of the budget, if it is not used we get money back and if it goes over we pay additional. The old contract ran from January], 2001 to January ],2006, this contract amendment is proposed to run from January 1, 2006 to January 1, 2011. Many wording changes were made in the contract documents. The changes involved modifications to operations at the Wastewater Treatment plant such as the INPROHEA T system not being in operation and the Maintenance Pac software being changed. Almost all ofthe numbers have been updated to reflect the current conditions at the Wastewater Treatment plant . including the Flow, BOD and Total Suspended Solids. Enclosed for your rcview is a copy of the "red lined" version of the changes in the agreement. In each section the red lines are to replace the above black line portion. Also included is the letter of financial statistics for Veolia Water North America and Professional Services Group, a copy ofthe current personnel at the Wastewater Treatment plant and their certifications and experience are included for your review. B. ALTERNATIVE ACTIONS: ]. The first alternative would be to approve the new contract with Professional Services Group for a period of 5 years with the increase for 2006 being at 3.48%, not including transfer of the current mowing contract. The total price with the mowing contract for 2006 is $620,006.00 which includes $39,120.00 in repair parts and $8,]65.00 for mowing, fertilizing and grounds care. Years 2 through 5 are subjected to a CPI increase. 2. The second alternative would be not to approve a new contract with Professional Services Group or to include further negotiations. C. STAFF RECOMMENDATION: . It is the recommendation of the City Administrator and the Public Works Director that the City Council approve a ncw 5 year contract with Professional Services Group as outlined in alternative'number 1. ISO . . . Council Meeting -12/12/2005 D. SUPPORTING DATA: Copy of existing contract with Professional Services Group, copy ofred lined changes in the form of an amendment to the contract, copy ofletter of financial statistics and copy of staffing list for the Wastewater Treatment facility. IS I . U~===~ . - ----- -------- =-== =.=::=- - -- --- USFll TER OPERATING SERVICES 14950 HEATH ROW FOREST PKWY, SUITE 200 TELEPHONE 281-449-1500 HOUSTON, TEXAS 77032 FACSIMILE 281-449-5970 Contract Copy Distribution Contract: Monticello, MN OM&M Agreement Date: February 27,2001 Distribution: Original: Contract File: Linda Hawthorne Copies: Operations: Ron Davis . Finance: Doug Eichman Human Resources: Dave Ward Melinda Kowalczyk Client Services: John Wood Bill Coleman Peg Becker Project Manager: Chuck Keyes , . \ t:~ d, . . . AGREEMENT FOR OPERATIONS AND MAINTENANCE SERVICES FOR THE MONTICELLO WASTEWATER 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 t<I-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 folJows: 1. General 1.1 AlJ 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. Monticello Agreement Page I of23 \~) ~ . . . 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 of the 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 agreemeot 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 200] Page 2 of23 1 S L\ . . . 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 prognup will docmnent 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 Agreement 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 Pennit plant performance reports and submit these to CITY for transmittal to the appropriate agencies. 2.10 PSG will staff the Project with a licensed State of Minnesota "A" WWTP operator per Minnesota requirements and a minirnmn of one (l) additional operator with a "C" WWTP operator license and the qualifications to write the "8" WWTP license unless otherwise agreed to in writing between PSG and the CITY. 2.11 Staff the Project with employees who have met the certification requirements of the State of Minnesota. Meet the Department of Transportation Monticello Agreement February 2001 Page 3 of23 \ss . . . requirements for appropriate employees driving over the road sludge vehicles with annual drivers' licenses checks. 2.12 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. 2.13 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, staffwill 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. 2.14 Cooperate with CITY to coordinate cost accounting and inventory control procedures. 2.15 Pay all cost incurred in normal Project operations. 2.16 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 10 . 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. 2.23 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. 2.24 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 0n-30ing odor control program. Odor control Cl I:) . . . will have an equal priority to effluent quality. If odors identified are beyond the capability of treatment at the plant, PSG will assist the CITY in identifYing and providing alternatives to control odors excluding extraordinary costs. 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. 3 Scope of Service - CITY 3.1 The CITY shall fimd 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 Project. 3.4 Provide PSG, within a reasonable time after request and on an "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 ~~~~ ~ 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 Monticello Agreement February 2001 Page 6 of 23 1 Sg . 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 INPROHEAT. 4.2 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. . 4.3 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 I. 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. . MonticeJlo Agreement February 200 I Page? of23 I se( . . . 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 (1-112%), 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 Monticello Agreement February 2001 Page 8 of23 IloO . . . 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. 6.4 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. 6.5 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. 6.6 Indemnity agreements provided for in this Agreement shall survive the termination of the Agreement. 6.7 Each party shall obtain 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. Monticello Agreement February 2001 Page 9 of23 110 I . 7.3 7.4 . Upon notice of tennination by CITY, PSG shall assist CITY in reswning 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 Ilrovide 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 10 of 23 Monticello Agreement February 200 I }Ie 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 llY~4~ Name: Roger Belsaas Title: Mayor Date: February 20, 2001 Monticello Agreement February 200 I PROFESSIONAL SERVICES GROUP, INC. By: ~kQ~~ - (L~ ~tcl~L~ - {.~ Name: Title: Date: r l--{ ~ -0 \.. Page II of23 1103 . . . APPENDIX A DEFINITIONS Al "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. A2 "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 I, 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. A6 "Capital Expenditures" means any expenditures for (I) 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. A7 "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, )1oL\ .' . . . 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 I 0 "Indirect 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. Al2 "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.13 ''Natural Gas Cost" means the total natural gas cost as calculated by multiplying the Average 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. AI5 "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. AI6 "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 ofthe Project. Monticello Agreement Page 13 of 23 n"S . . . 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 l/plt- . . . APPENDIX C NPDES PERMIT AND PROJECT CHARACTERISTICS C.1 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 Pennit of unless one or more of the following occurs: (1) the Project influent does n6t 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 regnlations 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 Design 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. Monticello Agreement February 200 I Page 150[23 ) to -l . . . C.4 The Annual Fee for services under this Agreement is based upon the following: (a) Project influent characteristics: Flow BODs TSS million gallons per day pounds per day pounds per day .878 3,769 2,678 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. \1015 .' . . . 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 \ 10 9 " . . . Monticello Agreement February 2001 APPENDIX E TYPICAL EXPENSE STATEMENT (TO BE ADDED) Page 18 of23 IlO " . . . 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 ofMiImesota. 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 lllJUry. 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 of23 It \ . . . APPENDIX G NOT USED Monticello Agreement February 200 I Page 20 of23 lId- . . . . . 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 1st day of January, 2001 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 l13 " . . . 2.3 Furnish CI1Y 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 CI1Y shall also sand the hill in the main driveway and use the CITY10ader 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 CI1Y 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 CI1Y may provide mowing services to the Wastewater Treatment Facility if Public Works staffing and work load permits and if requested 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 oflabor 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 \\~ ,. . . . . . 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 + C ) Co where AFo = Annual Fee specified in Article 4.1, and as adjusted annually AAF = Adjusted Annual Fee. Co = Consumer Price Index for AIl 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 200 I Page 23 0[23 1~1 S · G) VeOLIA WATER November 22, 2005 Mr. John Simola Public Works Director City of Monticello 505 Walnut Street Monticello, MN 55362 RE: Financial Statistics for Veolia Water North America - Central, LLC and Professional Services Group, Inc. Dear Mr. Simola, . Last year Veolia Water North America Operating Services, LLC created four regional operating companies, including Veolia Water North America - Central, LLC ("Central LLC"), a Delaware limited liability company. Central LLC is the operating company responsible for the company's projects in 16 Midwest states and Eastern Canada, including all of our projects in Minnesota. As such, all of the revenues received by Professional Services Group from Monticello flow through the Central LLC financial statements. Central LLC currently manages over 80 outsourcing contracts, has approximately $100M in annual revenues, and has in excess of $110M in total assets. It is a wholly owned subsidiary of Veolia Water North America Operating Services, LLC, a Delaware Limited Liability Company with over $600M in annual revenues and $600M in total assets. The officers of Professional Services Group, Inc. include: Christopher W. Chisholm, President Brian J. Clarke, Vice President and Secretary Francis X. Ferrara, Vice President and Assistant Secretary Herve Mille, Treasurer Thomas A. Witt, Assistant Secretary Sincerely, . Keith Sharlog Vice President - Veolia Water North America - Central, LLC On behalf of Professional Services Group, Inc. 184 Shuman Blvd., Suite 300 Naperville, IL 60563 Phone: (630) 717-4573 Veolia Water North America - Central LLC :..i.:c; :~IJ',_:-m :_1l'/.J., c,_, _'co jrn hapC~1:".'__II,), 1L ~CIS:;i r~! G30-3S1-'33 200-j2~-031S ! I l.c 'f.r,-.;',-;, '/8"_'; L1T_~": ,<C':::,. . 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AMENDMENT ONE TO THE AGREEMENT FOR OPERATION AND MAINTENANCE FOR THE MONTICELLO WASTEWATER TREATMENT FACILITY THIS AMENDMENT to the Agreement is entered into on the 1 st day of January 2006, by and between: The City of Monticello, a municipal corporation wijh its principal address at 505 Walnut Street, Suite 1, Monticello, Minnesota 55362 (hereinafter referred to as "CITY'); and Professional Services Group, Inc., wijh its principal address at 14950 Heathrow Forest Parkway, Suije 200, Houston, Texas 77032-3842 (hereinafter referred to as "PSG"). WHEREAS, CITY and PROFESSIONAL SERVICES GROUP, INC. ("PSG'; entered into that certain Agreement for O&M seNices dated January 1, 2001 (the "AgreemenfJ; and, WHEREAS, the CITY and PSG now desire to modify selective portions of the Agreement, all as set forth herein; NOW, THEREFORE, in mutual consideration herein described and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: 1. 2.4 Provide MAIN1ENANCE 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 Agreement for five thousand dollars ($5,000). This cost includes all fees and licenses for databases employed in the MAIN1ENANCE PAC program. Such sum to be paid to PSG in accordance with Article 5.2. Monticello Renewal - Amendment One November 2005 Page 1 of6 itD . . . 2.4 Provide a computerized maintenance management system (CMMS). 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. The CMMS may be purchased by CITY at the termination of services under this Agreement for five thousand dollars ($5,000). This cost includes all fees and licenses for databases employed in the CMMS program. Such sum to be paid to PSG in accordance with Article 5.2. 2. 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. 2.6 Provide a computerized process control program. Such program will maintain accurate current records, as well as historical data and trends. The process control program 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. 3. 2.16 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. 2.16 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. The Annual Fee includes $1 ,200 for outside laboratory services. 4. 2.36 PSG will continue to participate in the Xcel Energy electrical cost abatement peak shaving program. 5. 3.9 Provide permitted sludge disposal sites to PSG at no cost. PSG will pay disposal or associated costs exclusive of load disposal fees. 3.9 The City will provide permitted sludge disposal sites to PSG at no cost and will pay all cost (less the cost of normal land application) associated with pressing and disposal of excess biosolids to landfill or other means due to insufficient land or storage. PSG will pay for the disposal costs associated with normal land application of biosolids to the CITY's Biosolids Facility located on County Road 39. Monticello Renewal - Amendment One November 2005 Page 2 of6 'La, . . . 6. 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 $591,279. The Maintenance and Repair Limit included in the Annual Fee is $37,260. The Natural Gas amount in the Annual Fee is $24,996. This is Natural Gas needed for the normal operations of the Project, LESS the operation of INPROHEAT. 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 $620,006. The Maintenance and Repair Limit included in the Annual Fee is $39,120. The Natural Gas Limit in the Annual Fee is $25,000. The Polymer Limit in the Annual Fee is $17,496. The Fuel Limit in the Annual Fee is $ $6,600. 7. 4.3 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. 4.3a. If actual Natural Gas expenditures are less than the Natural Gas Limit for any Agreement year, PSG will rebate the entire difference to CITY in accordance with Section 5.2. If actual Natural Gas expenditures exceed the Natural Gas Limit, CITY will pay the excess to PSG in accordance with Section 5.2. 4.3b. If actual Polymer expenditures are less than the Polymer Limit for any Agreement year, PSG will rebate the entire difference to CITY in accordance with Section 5.2. If actual Polymer expenditures exceed the Polymer Limit, CITY will pay the excess to PSG in accordance with Section 5.2. 4.3b. If actual Fuel expenditures are less than the Fuel Limit for any Agreement year, PSG will rebate the entire difference to CITY in accordance with Section 5.2. If actual Fuel expenditures exceed the Fuel Limit, CITY will pay the excess to PSG in accordance with Section 5.2. 8. 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. 7.1 The initial term of this Agreement shall be five (5) years commencing January 1, 2006. 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. Monticello Renewal - Amendment One November 2005 Page 3 016 \ '6 tJ . 9. 10. . . 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.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 1,521,511 KWH. Information based on data from January through December 2003. A.13 "Natural Gas Cost" means the total natural gas cost as calculated by multiplying the Average Natural Gas Rate by the actual Natural Gas usage to a maximum of 52,890 CCF. A.13 "Natural Gas Cost" means the total natural gas cost as calculated by multiplying the Average Natural Gas Rate by the actual Natural Gas usage to a maximum of 53,946 ccfs. Information based on data from January through December 2003. C.1 PSG will operate so that effluent will meet the requirement of NPDES 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 BOD5 and/or suspended solids exceeds the Project design parameters which are 2.07 million gallons of flow per day, 8,079 pounds of BOD5 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.1 PSG will operate so that effluent will meet the requirement of NPDES permit No. 0020567 Reissuance Dated November 5, 2002. PSG shall be responsible for meeting the effluent quality requirements of the Permit 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 BOD5 and/or suspended solids exceeds the Project design parameters which are 2.07 million gallons of flow per day, 8,079 pounds of BOD5 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. Monticello Renewal - Amendment One November 2005 Page 4 of 6 \ ~ \ . . . 11. C.4 The Annual Fee for seNices 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 negotiate 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 seNices. 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. C.4 The Annual Fee for seNices under this Agreement is based upon the following: (a) Project influent characteristics: Flow BOD5 TSS 1.178 million gallons per day 4,036 pounds per day 2,953 pounds per day The above characteristics are the actual twelve (12) months' average for the periOd ended October 2005. 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 negotiate 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 seNices. 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, rt will use its best efforts to meet those requirements. Monticello Renewal - Amendment One November 2005 Page 5016 \ t5 d.. . . . 12. The Amendment shall take effect upon the date entered unless otherwise provided for herein. 13. All terms of the Agreement not specifically amended or modified by this instrument shall remain unmodified and in full force and effect. Monticello Renewal - Amendment One November 2005 Page 6 016 \'fJ~ . . . Council Agenda - 12/12/2005 SU. Consideration of increase in sewer and water user rates. (J.S.) A. REFERENCE AND BACKGROUND: The City Council is being asked to consider increasing the sewer and water rates by 4% effective January 1,2006. We had a 4% increase in the sewer and water user rates in January of2005, but with the changes coming up in our water and sewer systems and the increase in cost of operations, we felt it appropriate to increase sewer and water user rates this year by 4% In the Sewer Department we are adding three new lift stations, significantly enlarging two other lift stations, and adding miles offorce main. In addition, as the expansion of the city escalates the daily workload for the sewer and water workers increases as well. The use of the Gopher State One Call by residents and contractors almost requires a full time person all summer. In addition, the contract with PSG increases their portion of our operations by 3.5%. In the Water Department we have added a new well and have a new water tower coming online, as well as pending refurbishment of the old 800,000 gallon tank on the Monte Club Hill. Our aging antiquated control system for the water supply is also beginning to create headaches for us and will have to be replaced with the next major expansion of our system. The following list shows the existing rates, proposed rates and the dollar and cent increase. % PROPOSED AMT DESCRIPTION RATE INCREASE 2006 INCREASE SANITARY SEWER Sewer Rates: 0 - 500 cu. ft. $10 4% $lOAO $ OAO Over 500 cu. ft. $1.80/100 cu. ft. 4% $1.87/100 cu. ft. $ 0.07 Sewer Rates: Special Cases $13.83 x 4% $14.38 x $ 0.55 # of people in hh # of people in hh Ind. Sewer Rates: 0-500 cu. ft. $10 4% $lOAO $ OAO Over 500 cu. ft. $0.958/100 cu. ft. 4% $0.996/100 cu. ft. $ 0.038 BOD5 $0.175/pound 4% $0.182/pound $ 0.007 TSS $0.238/pound 4% $0.248/pound $0.010 WATER Water Rates: 0 - 500 cu. ft. $8.58 4% $8.92 $ 0.34 Over 500 cu. ft. $0.52/100 cu. ft. 4% $0.54/100 cu. ft. $ 0.02 Water with Booster: 0 - 500 cu. ft. $11.96 4% $12.44 $ OA8 Over 500 cu. ft. $1.30/100 cu. ft. 4% $1.35/100 cu. ft. $ 0.05 Clean WR Rate $0.958/100 cu. ft. 4% $0.996/100 cu. ft. $ 0.Q38 Water Availability $25/year NO CHANGE PROPOSED Water On/Off $21 NO CHANGE PROPOSED \ ~ ~\ . . . Council Agenda - 12/12/2005 The following is the price comparison for a family of three using our current water use estimate of 700 cubic feet per person per month, for a quarterly usage of2,100 cubic feet (or 15,750 gallons). PROPOSED WATER 2005 2006 First 500 cubic feet $8.58 $8.92 Over 500 cubic feet $8.32 $8.64 Total Water $16.90 $17.56 SEWER 2005 2006 First 500 cubic feet $10.00 $10.40 Over 500 cu bic feet $28.80 $29.92 Total Sewer $38.80 $40.32 TOTAL SEWER & WATER $55.70 $57.88 B. ALTERNATIVE ACTIONS: 1. The first alternative is to increase the sewer and water user rates by 4% as outlined above. 2. The second alternative is not to raise the sewer and water user rates by 4% but go more or less as directed by the City Council. C. STAFF RECOMMENDATION: It is the recommendation ofthe City Administrator, Public Works Director and Sewer and Water Superintendent that the City Council authorize the rate increase as outlined in alternative #1 effective January 1, 2006. The rate would be payable on the bill received in April 2006. D. SUPPORTING DATA: None. \8'5 . . . Council Agenda -12112/2005 5V. Consideration of switchinl!: recvclinl!: bins from three colored. stackable to the sinl!:le three bal!: blue bin. (I.S.) A. REFERENCE AND BACKGROUND: The cost of recycling bins has been increasing with almost every order. The current price of the red and blue bins with the Monticello logo hot stamp is twelve dollars and sixty-four cents ($12.64) each. The cost of the yellow bin which is a special run only, is fourteen dollars and seventy-two cents ($14.72). The total for three hins including freight is forty dollars ($40.00). Since we no longer have to separate the different recyclables at curbside and the cost of these bins is escalating, it seems appropriate at this time to make a change to the single blue bin which holds three grocery size paper bags. The blue bins currently cost six dollars and seventy-five cents ($6.75) in a quantity of four hundred and adding approximately one dollar and sixteen cents ($1.16) per bin for freight brings it to seven dollars and ninety-one cents ($7.9J). New residents are charged half the cost of recycling bins, consequently instead of a twenty dollar charge they would be paying three dollars and ninety-six cents. The City would also see significant savings. For those residents that need a second bin, a second blue bin could be provided at their cost of seven dollars and ninety-one cents. We will continue to provide replacements for the colored bins on a limited basis and will eventually switch the entire community over to the single, three bag bin. The bins will be available at the Council Meeting for your viewing. B. ALTERNATIVE ACTIONS: I. The first alternative is to switch all new residents to the single blue recycling bin effective January 1,2006 and provide a limited number ofreplacements on the multi-colored bins. 2. The second alternative would be to stay with the three stackable multi-colored bins, increasing the new residents costs to twenty dollars and the City's cost to twenty dollars. C. STAFF RECOMMENDATION: It is the recommendation of the Recycling Committee consisting of the Public Works Director, Councilman Stumpf, and the Utility Billing Clerk, Pat Kovich that we switch to the single bin which holds three grocery size bags effective January I, 2006 as outlined in alternative number one. D. SUPPORTING DATA: Examples of the bins will be provided at the Council Meeting. \<(;~ . . . Council Agenda: 12/12/05 5W. Consideration of !!rantinl!: a license allowinl!: for a buildinl!: encroachment to remain - Marian Johnson Estate (Manle Street). (RW) A. REFERENCE AND BACKGROUND: Family members are in the process of selling the home of Marian Johnson at 501 West River Street and found through a survey they had completed that the home was built and cxpanded to sit almost on the east property line of Lot 5, Block 57. The home is adjacent to undeveloped Maple Street and the survey does show that the chimney and two feet of their front deck/patio encroaches into the Maple Street right-of-way. In their attempts to market the home, this encroachment into the right-of-way will cause a problem for them to obtain title insurance for a new buyer unless an agreement can be reached with the City of Monticello allowing the current conditions to exist. In reviev..ing this encroachment "ith Public Works, the minor one or two foot encroachment should not cause any problems with the City's use ofthis right-of-way for a major trunk storm sewer outlet, and it is recommended that the City enter into a license agreement with the property owner acknowledging that the cncroachments exist and agreeing to not require them to be removed at this time. The agreement would also indicate that when the encroachments are eliminated, the property owner would not be allowed to rebuild or does not have any rights to the existing property within the right-of-way ofMapJe Street. B. ALTERNATIVE ACTIONS: I. The Council could agree to enter into a license agreement with thc Johnson Family estate which recognizes the encroachment into the City's right-of~way and agrees not to require removal of the encroachment, but indicate that once it is removed, it cannot be rebuilt in its present location. 2. Council could decide not to enter into a agreement at this time. C. STAFF RECOMMENDA nON: Although the City staff does not believe there is a need to sell any of the Maple Street right- of-way to the Johnsons to correct the encroachment, staff does support the preparation of a simple license agreement allowing the existing conditions to remain at this time. Access to our storm sewer is not hampered by this encroachment as long as it is not allowed to expand any further. If the building should be destroyed or parts of it removed, the property would then havc to conform to current setback requirements. D. SUPPORTING DATA: Copy of certificate of survey. l 9; 'l / CERTIFICA TE OF SURVEY FOR MAR I ON C. JOHNSON MISSISSIPPI RIVER 66.~/- // ~ 6 ",0 Sl-'(Io<lc',fi[ . 66.2+/- , ~~, ~ ,. \ ,~ "'- ~~~ .....- '\__ \ I ~ , , " ',_ c ~,>: ~r.'0'. ' '. ~ 0_ , , 80 y. _~ _~I "?B~_lfZ"J 9!!;_QZ--~.,,", 1 66_81...----' '10"..i-------- '110:;,5...----;.---" ,'c'''\: ~-~>.---<_,-----~<- . 11'" 4J' III .........". .......1 'f\ C\& ,1--~ 7Z: \-......rt 'I ~\ '\ '1, "':/ ',-;- " i \. ,- "- r __ .:xi C> \i' Q. ~ Il')t "C '> - , ~i 4J < ) C> C> C> C> . "- '" :z. i;~O..;; 'd"01 (~ U') ,'* " ;t-~ ;;c,., " --', c:;:., 1: 'E~ V' ~' " :r , ~ C:::i '" ~ ~~- '" \' " r' ~ \' '. Cf.:: Li~ '1\ 'J) ~ :;;;, '\ - ...,. 0- ':S- r\ '" '" "S ~ " :t' ;;;- rz cy ., '" r:: C~ " r "'- -:.~ --TJ ;:" 't' "' ,!;:, 'Co -r ~, '- . > ~ c\; " ~j '" ~. A 56.00 13200 '" '",'" . ,i"fS:>. \.. r ",0 fC~ I' ']1 . '.' , , . " . %. 6b,C() , . " o ~ I ~ , ":io; ~ ~ ~ ...." ~~,'-- ---./ , ",' \l Cf..'" I'~ ~ ~ ~ '<oj, '" C> C> ,C> \~ "- '" 'i I .' So ,. 'J ~ ~V) /' r::- .:) E.-::- ",>>" " lu .j ". ",r- ~ .2 ~~"..' C .', C> [lie>' .... J C> C> '" '" '8 . "- '" :z. " . ~. ~. 66.4J N 6YOO' 00" W ,~ ' 66. 4J lJ2.86 RiVER 5TREET (FORMfR FRONT STRffT) . _ _,' 6-'B (/:d ~"'~'.l C) " \V" l- ''-'" "'" Q: l- fJ) C; ~~ " lJ.j~ -.1" CL ~ cl)J ;;0< 80 l ~-t' . 5X. Consideration to approve a conditional use permit for a detached accessorv structure in an R-4 (Mobile Home Park) District. Applicant: Kiellherl!'s, Inc. (NAC) A. REFERENCE AND BACKGROUND At the last Council meeting, staffrecommended denial of the request for a detached accessory structure for Kjellberg's, Inc., on the basis that the applicant had not provided the materials deemed necessary to complete a thorough review ofthe request. The City Council acted on that recommendation, denying the Conditional Use Permit request for construction of an accessory structure. Since that time, it was reported by the applicant that the materials had been submitted according to the timeline originally requested. The materials were presented to the City without explanation and with no cover letter and were not flagged for review. Consequently, staff had no opportunity to understand that the materials were submitted and did not review the materials. The applicant and staff request that the Council reconsider this item as a courtesy to the applicant, given that the applicant did provide the items necessary to complete the application review prior to the submittal deadline. The submittal packet supplied by the applicant included a more detailed site plan and engineered drawings ofthe structure. ~ . In summary, the applicant is seeking a Conditional Use Permit for an accessory storage building in the Kjellberg East section of the mobile home park. The zoning ordinance permits such buildings by CUP, subject to the following requirements: Accessory Storage Buildings subject to the following conditions: 1. If associated with any open storage, the storage area is screened from surrounding mobile home units. 2. The storage area is surfaced to control dust and drainage. 3. The storage area and building(s) are for the sole use of the residents of the mobile home park and are not available for use by non-residents. The plans reflect an open front building. The City Council should comment on whether an open front building is acceptable, should the applicant provide suitable screening. The site plan indicates that the storage facility will be screened from Highway 25 by a line of existing lilac bushes. On the western edge of the site, an existing tree line is proposed to act as the screening from the adjacent mobile home units. No provision has been made to screen the storage unit from the mobile home units to the south. It should be verified by the applicant that storage will not be visible from any of the surrounding residential units. B. ALTERNATIVE ACTIONS . Decision 1: Rescind previous motion of denial \ <;-- ~ -- ._-~.---_._.. ..----- -_..._-_..._--~ - . . .;~ ""'- \ I, ..L,---.- - 'jJ :~. ,- (:- '~ .(, c) '1- , ::. '-I... .., ~ \:;> ' ,,. >",;, , "i/ ,I ~ \ ~ (~ " . '~ (' : . j"" ! .J' ., {~ ,,f' , '" c:;X:;-;~ ,.,., , ,C' ::J... 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"'1 .~. ..=-j ~- ,@ l~ --==1 , I I <\ Lt . ~ ~ J 3 ~ -:1 ~ ~'L ";;'"- ;-~-=- --~:. - -- ~ ----- - -- - ---- - - . - -.- - ,- - .-- ~ - --- --- ~ - - - - - . . ~ ---~ . - - - - ~ ----- - -,- -- - --- _.- -- -- - --_.- ~ -- -- - - '~' ...- - 1.__ _ 1--_. ____ _ Ilr- . - --=_____ _ '$-.--- -- -~_.-----~-- \-~--=---------*e~==-- ~-- ~ t\- - - J:.o \-\---- ~- F~~=--~~- c" _ ~-_ - ~- - - ~- - - +\--- --=- ..:.~:=:.::-~~ ~t:--=--__.- __~ ~=-==-.- -=-=-~=---~ ~E- --------=_------=_ -\------..-- -------- '~ z 8 l-' <l'. ~ ~ o 2 ['3 @ ::Qo f--<'? :::Jt' o~ (/);::::' .,.~ z 8 f--< <l'. ;> Pel ril ~ o ffi l-' @ ::Q. E--'>q P:::7 o~ Z'" N ~'" ./ lq S . . . 5Y. Council Agenda: 12/12/05 Approve Chaol!e Order No.1 for the CSAH 18/1-94 Ioterchaol!e Project (Citv Proiect No. 2004-1C) (WSB) A. REFERENCE AND BACKGROUND: B. The attached change order is required to revise the method of measurement for the contract bid item "Remove Concrete Driveway Pavement" from square feet to square yards. On sheet 14 of the plan set the method of measurement of the "Remove Concrete Driveway Pavement" pay item is listed as square yards. On sheet 4 of the plan set and in the Proposal Form, the method of measurement for the "Remove Concrete Driveway Pavement" pay item is erroneously listed as square feet. The revision ofthe method of measurement is required to reflect the actual amount of driveway pavement that will be removed. The unit price for the pay item has been adjusted from $1.00 per square foot to $9.00 per square yard to reflect the method of measurement adjustment. The bid for the interchange should have reflected this actual amount. To mitigate some of the additional cost, we have negotiated with the contractor to crush the material on-site and use it for borrow, saving approximately 3,500 CY of material at $9.00/CY for a total of$31,500. While the reduction of borrow is not referenced on the change order, the borrow quantity will be reduced accordingly resulting in a net increase of $60,000 to the contract. ALTERNATIVE ACTIONS: 1. Approve Change Order No.1 in the amount of$91,768.00. 2. Do not approve Change Order No. I at this time. C. STAFF RECOMMENDATION: The City Administrator recommends selecting Alternative No. I. D. SUPPORTING DATA: Change Order No. I Letter from WSB & Associates, Inc. Ict\t> F;idal'-flgiwordproc'.2()05 ('-O~ntil AgcndallJec 1:!-05',j_,CSAHI8SAJ-12/205-changearder #ldM. . . . ... 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 December 7, 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, I CSAH 18/1-94 Interchange Improvements S.P. No. 8680-138 County Project No, 86-18-0612 City of Monticello Project No. 2004-01C WSB Project No, 1546-12 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 $91,768.00, resulting in a revised contract total of $8,367,756.16. 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. I for R. L. Larson Excavating, Inc, If you have any questions regarding the above, please do not hesitate to contact me at 763-287- 8303. Sincerely, WSB & Associates, Inc. fl:::j(!1a-f~ Project Manager Enclosures cc: Brent Hamak, R. L. Larson Excavating, Inc. srb KNJJ5<16.JMdmi"\C,"MI"''';.,"Admin\LIR co 1 C1Y-r "",1/<1<1[",,120705_</,,< Minneapolis I St. Cloud Equal Opportunity Employer 5f1 - l~} . . . DEC-01-05 WED 05:50 PM RL LARSON EXC INC FAX NO, 320 654 1021 p, 02 >..........,..,......,....._- ~~- DEC-07-200s 16: 12 P.02/03 CHflNGE ORDER NO.1 - CSJ>,~.'\lj\.'14jll~~CHAllllE lIAP~OVmOOs $..1>. NO. Bfi80..139 COUNTYPIlOJECT NO. ....,~12 Crn' I'ROd"eT NO. 2Q04-~lC ciTY Of MONTICELLO, MN WsB 'PROJECT NO. 154.&.12 .- . 11l1~~QS OWNER: CONTRACTOR' CrrY or:: 'MON11GEllO 5(l~ W,.,ulUTSTREET, SUm: 1 MOWT1CELLO, MN :5S362 ~: L LAIlSON EXcAVAT1HG; INC. l2li5 . 12TH STREET So . ST. Cl.OUD, MN sm. YOU AA,G. DIRECTED TO MAKE' THE FOLLOWING CHANGES IN THI::CCN"i'RAcT DOClIMENT DE:SCRIt'T10N: CONiAACr QUANTlT!ES ARE MODIFIED AS SHOWN ON THE AnACHED DETAIL IrtS iJNDERSTOOO 1l1ATTHIS CJiMlGE ORDER INClUOES ALlADOIT10NAl com ANO TIME.EXTENSIONS WHICH ME IN AAY WAY, SHAPE, OR FO~M N?SOC1ATED WiTH THE WORK EL.EMENrS DESCRI6EOABC.V5. CHANGE Ii -CONTRACT PRICE: . , CHANGE IN CONTRAOT TIME: ORIGINAL CONTRAOT PRlCE: I"'RE'VIOu..,; CHANG!: O~OF:RS: CONTRACT PRIOE PRIOR TO Tl1IS CWANGE ORDER; 'NET .INCflEASE or TH!S CHANGE OROER: . CONTRACT PRICE WITH All APPROVED CHANGE ORDERS' $S.Z7S,988.16 . ORrGINAL CONTRACT TIME: 513112007' $0.00 N!IT cHANGE FROM PREV10US C_GE.OROERS' 0 $B,27S,esa.16. CONTRA~'T TIME PRIOR TO THIS ClW~GE ORnER; 5131/.200" $9V6S,OO . 'NIrrINCfl.EA,,'1'e WnH CHANGi::.OADER: 0 sa.367,756.16 CONTAAC1'l1ME Wmi APPROVED CHANGE ORDERS: 51:l112007 f~EOOMM~NDEl? E\.Y:' "rD'~vi/ ' ~11J.MCY ~ PROJECT MANAGE" _ W$"' ASSOCiATES, INC. ENGINJ.:'EFt APP..~~7.V . BY: 8 // - '..' . . '. ~? ------..'... A, L.lAASON l!XCAVATING, INC. CONTRACTOR --. APPf4:0V"SD BY: CITY 'ENGINEER. CITY.MMIN(STRATOR DATE DATE 1C1Cf1~1.:\1141ll/ll~fl....~lI!lj'Hf-Ur;Il~(f1VJ""1~1 5~_\.C\%" . . . CHANGE ORDER NO.1 DETAIL CSAH 18/1-94 INTERCHANGE IMPROVEMENTS S.P. NO. 8680-138 COUNTY PROJECT NO. 86-18-0612 CITY PROJECT NO. 2004-01C CITY OF MONTICEllO, MN WSB PROJECT NO. 1546-12 12/7/2005 WSB PROJECT NO. 1546-12 ADDED ITEMS Item No. Description Diy Unit Price Extended Amount 272 REMOVE CONCRETE DRIVEWAY PAVEMENT 11471 SY $9.00 $103.239.00 TOTAL ADDED ITEMS CHANGE ORDER NO.1 $103,239.00 DELETED ITEMS Item No. Description Diy Price Extended Amount UnIt 273 REMOVE CONCRETE DRIVEWAY PAVEMENT 11471 SF $1.00 $11,471.00 TOTAL DELETED ITEMS CHANGE ORDER NO.1 $11,471.00 TOTAL ADJUSTMENT TO ORIGINAL CONTRACT AMOUNT $91,768.00 5~-lC\.L1 K:\01546.12\Admfn\Constructfon AdmJn\1546.12 Change Order f.x/sCOf OfItall . . . Council Agenda: 12112/05 7. Public hearin!!:-Continued hearin!!: on aooeal of a variance for a secondarv drivewav in an R-l zonin!!: district. A. REFERENCE AND BACKGROUND: The applicants, Dick Bastien and Mary Poetz, have asked the Council to consider a conditional use permit to allow them to construct a detached accessory structure with a second driveway access from their rear yard. The Planing Commission approved the variance allowing the driveway and the possible encroachment into the setback. The city Public Works Department appealed the granting of the variance. The appeal and action on the conditional use permit have been continued on the Council agenda since September. The reason for the continuation has been to allow the applicant to complete a certified survey needed to accurately gauge the encroachment and submit that information to the City. Prior to the last Council meeting, stafT had inquired of the applicant as to the status of the survey. At that time the applicants had indicated the survey was complete. As of Wednesday, the City staff had not received a copy ofthe survey. The applicant was contacted again and they indicated they will be supplying the survey this week. The applicant stated that a decision is not required immediately as they can no longer proceed with construction until spring. They would like this item to be considered again at the January 9, 2006 Council meeting. The applicants have waived the 60-day rule regarding their request. B. STAFF RECOMMENDATION: Staffrecommends continuation of the public hearing on the appeal of the variance. C. SUPPORTING DATA: None. dOC) . . . 8. A. Council Agenda: 12/12/05 Consideration of aDDrovin!!: a conditional use Dermit for 896 SQ. ft. detached accessorv structure in an R-l zonin!!: district. REFERENCE AND BACKGROUND: If the Council approved the continuation of the public hearing on the variance appeal, action on this item would also be continued until the January 9, 2006 Council meeting. dol . . . Council Agenda -12/12/2005 9. Review of Citv of Monticello's Snow Plowinl! Policv and Proposed Chanl!es.(J.S.) A. REFERENCE AND BACKGROUND: Each year the Public Works Department reviews the City of MonticeIlo's Snow Plowing Policy. Last years plowing efforts and the results of inspection ofthe plow routes of all of the drivers. We also try to address any complaints of significant problems that we have had in the past. This year, there are several changes but almost all ofthem are clarifications and name changes. The most significant changes this year are as foIlows: I. Adding School Boulevard from Highway 25 to County Road 18 to the primary snow emergency route. This route is a major cross connection through the community between County Road 18 and Highway 25 and also serves a majority ofthe schools in the district. 2. Erasing that portion of School Boulevard from the secondary snow emergency route that was transferred to the primary snow emergency route. 3. Adding Deegan A venue from School Boulevard to the commuter parking lot to the secondary snow emergency route as we have to plow this to get to the commuter parking lot in the early morning hours. 4. Combining the Chelsea Roads East and West and adding them to the secondary snow emergency route all the way from County Road 18 to County Road 39 West. The only other significant change is in the area of hauling of snow. Under Section 9 we will add that the City wiII limit the amount of snow pushed on the sidewalk on the south side of Chelsea Road between Sandberg Road and Highway 25. By "windrowing" the snow at the curb whenever possible and hauling snow from this area after the "windrow "exceeds 2 feet in height. This is the sidewalk adjoining the General Rental property. The property owner wiIl stiIl be required to clean the sidewalk of snow and ice. The City will limit the amount of materia I it puts on the sidewalk and the street through "wind rowing" and hauling. The enclosed policy shows all the proposed changes in the bold red italics. B. ALTERNATIVE ACTIONS: I. The first alternative would be to review the changes to the City ofMonticeIlo Snow Plowing Policy as listed above and approve those changes to the policy. 2. The second alternative would be to approve the above changes to the policy and add other suggestions as requested by City Councilor make changes to the suggestions made by City staff. C. STAFF RECOMMENDATION: It is the recommendation of the Public Works Director and the Street Superintendent that the City Council approve the amendments to the policy as listed above under alternative 1. D. SUPPORTING DATA: Copy of proposed City ofMonticeIlo Snow Plowing Policy. dO,;). . . . / 'I ~",. .', """." .. ", "",' PROPOSED CHANGES IN REO BOLO ITALICS CITY OF MONTICELLO SNOW PLOWINGIREMOV AL POLICY MONTICELLO Effective November 10,1997 Amended by the City Council January 10, 2005 1. INTRODUCTION The City of Monticello assumes basic responsibility for the control of snow and ice on city streets and city owned public parking lots. Reasonable snow and ice control is necessary for routine travel and emergency services. The city will provide such control in a safe and cost effective manner, keeping in mind safety, budget, personnel and environmental concerns. The city will utilize city employees, city equipment and/or private contractors when necessary to provide this service. 2. AREAS OF RESPONSIBILITY Through its adoption, the City Council of Monticello is responsible for the policy established herein. Implementation of this policy is the responsibility of the Street Superintendent under the direction of the Public Works Director and City Administrator. The chain of command is the City Administrator, Public Works Director and Street Superintendent, in that order. Decisions as to time, method and materials used on snow plowing/removal operations will be made by the Street Superintendent under the direction ofthe Public Works Director and City Administrator, and any amendments are to be in accordance with amendment section of this policy. The Parks Department will supplement the efforts of the Street Department with primary responsibilities in parking lots, sidewalks, pathways and skating rinks. This work will be carried out by the Park Superintendent under the direction of the Public Works Director and City Administrator. (Amended by City Council 01/10/2005) 3. AMENDMENTS TO POLICY Any amendments to this policy require council approval. Whenever possible and practical, amendments should be brought up at council meetings and should be a matter of public record. However, to allow for emergencies or other extenuating circumstances, when time does not permit council approval or action, the Public Works Director is hereby authorized to amend any portion of this policy he sees fit. If practical, the City Administrator shall be notified and shall approve of any such amendment. Any such amendment made due to a particular emergency shall be brought to the attention ofthe council if the amendment is to be a permanent one. 4. EQUIPMENT The city shall acquire, maintain, repair and replace equipment on a timely basis as the city's established budget shall allow. To provide for utilization of equipment in a cost effective marmer, the city may use regular city trucks, motor graders, front-end loaders, snow blowers and any other regular equipment as may be useful for control of snow and ice. Equipment that can be used only for snow and ice control shall be acquired and utilized only if deemed absolutely essential. F:IADMINlWordProC\POLlCIESISNOW PLOWING POLICY 2005.wpd: 11/3105 - PAGE 1 OF 11 - . . . Whenever existing snow removal heavy equipment is believed to be broken down for an excess of eight hours during a declared snow event and that piece of equipment is essential to snow plowing/ removal operations, the Street Superintendent may rent equipment. The Public Works Director shall be notified of this decision immediately. A written report to include equipment down, reason for renting, estimated rental period, rental company, rental machine identification, rental rate, and estimate of total cost shall be submitted within 48 hours. When the Street Superintendent determines that the policv levels of service cannot be Drovided bv citv forces. he shall reDort to the Public Works Director the followinl! information: A. Additional time required to provide desired levels of service using just city forces. B. Additional equipment and/or personnel support required to achieve desired levels of service. C. Estimated number of hours equipment and/or personnel will be required. The Public Works Director will then take the followinl! action: A. Determine availability of contractor equipment. B. Estimate cost of contracted service required. C. Determine availability of funds to meet estimated costs. D. Based on information supplied, the Public Works Director shall determine whether to contract for additional service or equipment, or accept reduced levels of service. If contracted service or eQUiDment is secured. the Public Works Director shall Drovide the City Administrator with a reDort containinll the followinl! information: A. Purpose of contracting snow plowing/removal. B. Estimated time and cost of contracted services. C. Time and date contract began. In the absence ofthe Public Works Director, the Street Superintendent shall have full authority under this section and shall communicate any decisions or actions resulting in extraordinary expenditures to the City Administrator. S. WORK SCHEDULE Scheduling of employees is the responsibility ofthe Street Superintendent under the direction ofthe Public Works Director. When conditions allow, work schedules shall be arranged to keep overtime at a minimum, with overtime scheduling being approved by the Public Works Director. The Public Works Director shall notify the City Administrator of any unusual amount of overtime to be performed and the reasons. 6. MINIMUM LEVELS OF SERVICE The following are minimum levels of service that can be expected. The city will strive to achieve better results if possible. FIAOM1NIWordPlllclf'OLlCIE$\SNOW PLOWING POLICY 2005.wpd: 1113105 - PAGE 2 OF 11 - . . . Snow and/or ice control may be terminated at any time the Street Superintendent or his designee determine that rising or falling temperatures, visibility and/or the rate of accumulation make the control unsafe, ineffective or unnecessary. Should a subsequent storm occur within the minimum times for service, then such subsequent storm shall become the storm referred to in this policy. A. Snow removal and/or sanding operations shall begin when snow accumulation reaches 2" or when ice or snow pack occur on desil!nated primary snow emereencv streets, and shall continue periodically throughout the duration of the storm. It is the intention ofthe City to keep these routes open to traffic, if possible, during a storm; however, it is not the intent to keep them snow or ice free. B. All designated secondary snow emergency streets shall be open to traffic (two lanes) within eight (8) hours after the snow storm subsides. C. All remaining non emergency through streets shall be open to 2-lane traffic within 12 hours after the snowstorm subsides. Parking lot snow may be piled for removal and removed after snow is hauled from the Broadway median and all streets are widened curb to curb where possible. The snow plowing operations in the commuter parking lots shall be started by 4 a.m. whenever weather conditions allow. D. All public streets such as dead ends and cul-de-sacs shall be open to traffic within sixteen (16) hours after a snowstorm subsides. E. Downtown Broadway, from 150 feet east of Linn Street to 150 feet east of Cedar Street shall be plowed to the center median. The Street Superintendent or his designee may elect to plow downtown streets during evening or early morning hours to avoid traffic and parked vehicles. Other downtown streets will be plowed outward. City owned parking lots and alleys in blocks 34, 35 and 52 are plowed by 8 a.m. after a 2" accumulation of snow (see Section 12). (Amended by City Council 011/0/2005) F. Downtown snow hauling including the halfblock of Walnut south of Broadway, ifnecessary, shall begin by the next morning after all streets have been plowed and the crews are rested. Hauling shall not be conducted Friday evening or Saturday evening unless abnormal conditions warrant same. (Amended by City Council 011/0/2005) G. Salt and sand operations shall provide bare pavement on driving lanes when conditions allow for all primary snow emergency routes, skid resistance at school crossings, stop signs and isolated icy areas. General snowpack on residential streets shall not be sanded. H. Snow depth at the comers of intersections shall be reduced to 36" or less following other necessary snow plowing and removal operations. The Street Superintendent or his designee shall have the authority to determine the scheduling and priority of this function. 1. Certain county highways within the city are maintained by the city and fall under county maintenance agreements. F;\ADMINlWOrdProc\POLlCIE$\SNOW PLOWING POllCV 2005.wpd: 11/3105 - PAGE 3 OF 11- 7. SNOW EMERGENCY ROUTES . PRIMARY SNOW EMERGENCY ROUTES CSAH 39 WEST FROM THE PUBLIC WORKS BUILDING TO CSAH 75 WEST BROADWA Y FROM WILLOW STREET TO MEADOW OAK DRIVE WALNUT STREET FROM WEST BROADWAY TO 7TH STREET HART BOULEVARD FROM MISSISSIPPI SHORES TO WWTP TO CSAH 75 EAST WASHINGTON STREET FROM EAST BROADWAY TO 7TH STREET 7TH STREET FROM WALNUT STREET TO WASHINGTON STREET 6TH STREET FROM THE FIRE HALL TO TH 25 : INCLUDING FIRE HALL PARKING LOT AND DRIVEWAYS SCHOOL BOULEVARD FROM TH 25 TO CSAH 18 . SECONDARY SNOW EMERGENCY ROUTES ELM STREET FROM CSAH 39 WEST TO 6TH STREET WEST 6TH STREET WEST FROM ELM STREET TO THE FIRE HALL CEDAR STREET FROM RIVER STREET TO 7TH STREET 3"D STREET FROM CHESTNUT ST TO WASHINGTON ST SCHOOL BOULEVARD FROM TH 25 TO DEEGAN AVENUE ('NCOT or T.II. 25) TO CR 18 DEEGAN A VENUE FROM SCHOOL BL VD TO COMMUTER PARKING LOT Cf :nSCA ROAD CAST mOM T.l1. 25 TO CR 18 CIICLOCA ROAD weST rROM rARI< rLACC DRIVC TO TII 25 CHELSEA ROAD . FROM CSAH 18 TO CR 39 WEST RIVER STREET FROM THE NSP BALLFIELDS TO THE NURSING HOME ENTRANCE F:\ADMINIWordPrnc\POLlCIESISNOW PLOWING POLlCY2005.wpd: 1113J05 - PAGE 4 OF 11- OTTER CREEK ROAD . FROM CSAH 75 TO RIVER STREET WEST OAKWOOD DRIVE EAST FROM T.H. 25 TO INCLUDE THE CUL-DE-SAC 8. METHOD OF PLOWING SNOW Snow will be plowed in a manner so as to minimize traffic obstructions. With the exception ofthat section of Broadway previously mentioned, the snow will be plowed from the center of the street outward. For narrow streets or other streets when conditions require, the Street Superintendent or his designee may choose to plow from one side to the other. Snow shall be plowed and pushed from left to right and discharged on the edge ofthe street or on adjacent right-of-way without regard for sidewalks and/or driveways. The City shall not be responsible for plowing snow from any private driveways or sidewalks. 9. HAULING OF SNOW Where space does not allow for snow to be pushed or piled outside the driving lanes, the city will remove the snow by hauling. Timing of such hauling shall be at the discretion ofthe Street Superintendent or his designee. Snow will be windrowed along the south curb on Chelsea Road between Highway 25 and Sandberg Road and hauled when the windrow reaches 2 feet in height to reduce snow pushed on to the sidewalk. . 10. WEATHER CONDITIONS Snow and ice control operations will be conducted only when weather conditions do not endanger the safety of employees or equipment, and operations are effective. Factors that may delay snow and ice control operations include: severe cold, significant winds, limited visibility and rapid accumulation of snow and/or Ice. 11. DISPATCHING OF EQUIPMENT Dispatching of equipment shall be determined by the Street Superintendent or his designee. The Street Superintendent or his designee shall monitor weather conditions and forecasts to aid in dispatch decisions. Plowing and/or sanding operations may occur during the assigned work shift or on a specific situation call out. If the specific situation is on a primary snow emergency route, the response shall be as soon as possible ifworkers and equipment are available and it is more than four hours until a work shift is to begin. Once a work shift has ended, the Street Superintendent or his designee has the discretion of responding immediately to other specific situations or waiting, in the case of non-emergencies, until a new work shift begins. . For emergency vehicles responding to emergency situations (fire, medical, police) within the city, necessary workers and equipment will be dispatched as soon as possible. The Street Superintendent or his designee shall keep the Public Works Director informed of start, progress and end offull scale plowing operations. - PAGE 5 OF 11 - F:\ADMINlWordProc\POLlCIESISNOW PLOWING POLICY 2005.wpd: 1113105 12. PUBLIC PARKING LOTS . PLOWING TO BEGIN BY 4 A.M. COMMUTER PARKING LOT INCLUDING SCHOOL BLVD FROM TH 25 WEST TO DEEGAN AVE AND DEEGAN AVENUE FROM SCHOOL BLVD TO COMMUTER PARKING LOT MEADOW OAK PUBLIC PARKING LOT MAXIMUM LENGTH OF COMMUTER PARKING IS 18 HOURS AND SIGNS HAVE BEEN POSTED COMMUNITY CENTER PARKING LOTS WEST AND SOUTH LOTS PLOWED BY 8 A.M. (ON NORMAL BUSINESS DAYS) CITY HALL PARKING LOT HI-WA Y LIQUOR PARKING LOT DEPUTY REGISTRAR/MOTOR VEHICLE PARKING LOT BLOCK 34 BY ZOO AND IW 1100M WRIGHT CUSTOM HOME ELECTRONICS, 216 PINE STREET BLOCK 35 . B[llltJD LOCII JeW[L[RS WALNUT & 3"D STREET PARKING LOT (Sign lot for 24-hour parking to aid in timely snow removal and other seasonal maintenance) BLOCK 42 BY KJELLBERG'S CARPET ONE PLOWED WITH PRIMARY SNOW EMERGENCY ROUTE FIRE HALL PARKING LOT PLOWED WITHIN 12 HOURS FOLLOWING SNOW FALL EVENT PUBLIC LIBRARY PARKING LOT PUBLIC WORKS MAINTENANCE BUILDING AND OFFICE PARKING LOTS ANIMAL SHEL TER PARKING LOT (plowed by Sewer/Water Department) 4TH STREET PARK PARKING LOT (plowed by Sewer/Water Department) EAST BRIDGE AND WEST BRIDGE PARK PARKING LOTS . F:\ADMIN\WordPruc\POllCIESISNOW PLOWING POLlCY2005.wpd: 1113105 - PAGE 60F 11- . . . 13. CITY MAINTAINED SIDEWALKS CLEARED WITHIN 24 HOURS OF THE END OF A STORM EVENT AS PER CITY ORDINANCE EAST BROADWAY SOUTH SIDE BETWEEN THE ZOO AND BOB'S BARBER SHOP WEST BROADWAY SOUTH SIDE FROM 906 BROADWAY TO BROADWAY KWIK STOP 3"0 STREET WEST NORTH SIDE FROM fLlCKCRS GUYER'S BUILDERS SUPPL Y, 211 PINE ST TO WALNUT STREET EAST BROADWAY SOUTH SIDE FROM PALM STREET TO WASHINGTON STREET WEST BROADWA Y ON THE NORTH SIDE FROM CHESTNUT STREET TO LINN STREET WITH THE EXCEPTION OF TRINITY LUTHERAN CHURCH AT 494 WEST BROADWAY EAST BROADWA Y ON THE NORTH SIDE FROM 731 E. BROADWAY TO PALM ST. TO DAYTON ST. WITH THE EXCEPTION OF KEN'S SERVICE AT 743 E. BROADWAY LIBRARY SOUTH SIDE 6TH STREET FROM WALNUT TO LOCUST; WEST SIDE WALNUT FROM 6TH TO DRIVEWAY EAST BRIDGE PARK BITUMINOUS PATHWAY AT THE SLIDING HILL HI-WA Y LIQUOR WEST SIDE T.H. 25 FROM 5TH TO 6TH AND NORTH SIDE 6TH FROM T.H. 25 TO INCLUDE SECOND DRIVEWAY INTO LIQUOR PARKING LOT INFORMA TION CENTER SW CORNER ON TH 25 & CSAH 75 TO ALLEY INCLUDING PRIME AMERICA 3"0 STREET EAST DEPUTY REGISTRAR/PARKING LOT NORTH SIDE FROM MI ROOM WRIGHT CUSTOM HOME ELECTRONICS, 216 PINE STREET TO CEDAR STREET 3'" STREET WEST SOUTH SIDE OF 3RO STREET WEST FROM ELM STREET TO MAPLE STREET RIVER STREET WEST STEPS AT SOUTH SIDE OF RIVER STREET ON WALNUT STREET ELM STREET WEST SIDE FROM GOLF COURSE ROAD TO BROADWAY CARDINAL HILLS PARK SIDEWALK RUNNING THROUGH PARK FROM MARTIN DRIVE TO SCHOOL BLVD CEDAR STREET EAST SIDE AT RR CROSSING WALNUT STREET EAST SIDE PARKING LOT, ALLEY TO 3RO STREET, FROM WELLS FARGO DRIVEWAY TO RR TRACKS F:\AOMIMWon:lPrnclPOLlCIESISNOW PLOWING POLICY 2005WJX1: l1f3JOS - PAGE 7 OF 11 - . CLEARED WITHIN 24 HOURS OF THE END OF A STORM EVENT AS PER CITY ORDINANCE WASHINGTON STREET EAST SIDE FROM RR CROSSING TO 7TH STREET MINNESOTA STREET EAST SIDE AT OLD 7TH STREET AND NEW 7TH STREET (John /0 check and see if/his was sold) WEST BROADWA Y NORTH SIDE AT 111 WEST BROADWAY COMMUTER PARKING LOT BUS SHELTER AND SIDEWALK MEADOW OAK A VENUE ADJOINING FREEWAY FIELDS COMMUNITY CENTER WEST SIDE OF WALNUT STREET FROM RR CROSSING TO 6TH STREET AND NORTH SIDE OF 6TH STREET FROM WALNUT STREET TO FIRE HALL GROVELAND PARK SAVANNAH & INNSBROOKALONG PARK Sidewalks Cleared With City Assistance: . 1.) South side of Broadway from the Broadway Kwik Stop to and including the Peterson Grimsmo Chapel at 250 East Broadway, and the North side of West and East Broadway from Linn Street to Palm Street including Trinity Lutheran Church at 449 West Broadway. Also the north side of East Broadway in front of731 and 743 East Broadway near Washington Street. The City will make one (I) pass with a snow blower each time its snow blower is used on the adjacent West and East Broadway sidewalks. The City will not broom or apply sand/salt to this sidewalk in the commercial area. 2.) Sidewalks on the east and west sides of Highway 25 from River Street to Oakwood Drive: The city will assist Mn/DOT when they request, by providing one (1) operator or one (1) driver and a 12-cubic yard dump truck to help remove snow from sidewalks put there by MnlDOT plows. 14. CITY MAINT AINED PATHWAYS . CHELSEA ROAD SOUTH SIDE FROM SANDBERG TO INNSBROOK CSAH 75 FROM WEST RIVER STREET TO PINEWOOD ELEMENTARY CSAH 75 FROM MONTI MIDDLE SCHOOL AT THE HOSPITAL SIGNAL LIGHTS TO MEADOW OAK AVE SCHOOL BOULEVARD FROM CR 117 EDMONSON A VENUE TO CR 18 EXCEPT SOUTH SIDE FROM FALLON TO CARDINAL HILLS PARK F:\ADMIN\WoroProcIPOLlCIE$\SNOW PLOWING POLICY 2005.wpd: 11131115 - PAGE 8 OF 11 - TH25 . EAST SIDE FROM KJELLBERG'S TO OAK WOOD DRIVE SCHOOL BOULEVARD NORTH SIDE FROM EDMONSON AVE TO T.H. 25 SCHOOL BOULEVARD NORTH SIDE FROM TH 25 TO DEEGAN AVENUE 2881 ,'SLTCi\ I~ T/ n./A~,' SYSTer", },\'OLUD.',\'O " 94 f'CDCSTR:A,\' DR/DOC mOM OOAII 75, GOUTII TO COIIOOL BLVD TO TIIC CACT TIIRU MCADOW OAI( TO MCADOW OAI( DI1IVC 'NOTE: NOT THIS YEAR DUE TO CONSTRUCTION MEADOW OAK FROM MEADOW OAK AVENUE TO MEADOW OAK DRIVE The Pathways shall be cleared to a min. width of6' within 36 hours of the end of any snow event with snow accumulation of Yz" or more on the pathway. Work on the pathways immediately adjacent to major highways or thorough fairs will not begin until the adjacent roadway is plowed and widened. Pathways shall be blown clear and/or broomed as necessary to provide a surface deemed safe for pedestrian traffic. It is expected that the bituminous surface shall be visible in many areas along the pathway. Pathways designated for snow removal which are used for student pedestrian travel to and from the schools shall be cleared within 24 hours of the end of a snow event provided any immediate adjacent major roadway is cleared and widened first. (Amended by City Council 01/10/2005) . 15. CITY MAINTAINED SKATING RINKS 4TH STREET PARK (2) HOCKEY RINKS One of the hockey rinks is used for general skating now WEST BRIDGE PARK (1) GENERAL SKATING RINK Within 36 hours of the end of any snow event with an accumulation of more than I" of snow, all three rinks shall be plowed or blown clear and then broomed. All snow shall be removed from within the hockey rink area and no accumulations of snow should be left around the inside ofthe boards. Care should be used not to throw or pile snow on walkways. For any event between one-tenth of an inch to an inch of snow, all futtr three rinks shall be broomed within 36 hours after the end of the snow event. Again, accumulation or ridges of snow around the inside ofthe hockey boards must be removed. (Amended by City Council 01/1012005) F:\ADMIN\WoltlProclPOLlCIE$\SNOW PLOWING POLICY 2005.wpd, 1113/05 - PAGE 9 OF 11 - 16. DAMAGE TO PERSONAL PROPERTIES . Only those mailboxes or other personal properties which are installed properly and allowed by city ordinance to be on the boulevard and are damaged bv actual contact with city equipment, will be considered for compensation at city expense. Compensation for mailboxes and posts shall be for materials only. Damage 17. PLOWING OF PRIVATE PROPERTY to trees, shrubbery and other landscaping will not be considered for compensation unless located beyond the boulevard or private property. The city will re-seed plow disturbed areas of the boulevard in the summer months when staffing and workload permits. . Damage to personal vehicles will be considered only if they are legally parked and only if physically contacted by equipment. Unless there is direct benefit to city operations or unless emergency vehicles need access, there shall be no plowing of private property with city equipment. 18. REVIEW OF POLICY The city will keep on file comments and complaints received regarding this policy. This policy will be reviewed periodically. Any review will consider comments or complaints received since the last review. 19. WINTER PARKING REGULATIONS The Wright County Sheriffs Department will rigorously enforce portions of the parking ordinances beginning November 15 through April 15, as follows: . TITLE 9, CHAPTER 1 SECTION 2: Parking and stopping: It shall be unlawful for the owner and/or driver of a motor vehicle to stop, stand, or park the said vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or traffic control devices: On any street orroadway between the hours oftwo o'clock (2:00) a.m. and six o'clock (6:00) a.m. from November 15 through April 15, except physicians on emergency calls. TITLE 9, CHAPTER 1, SECTION 8: Parking in regard to snow plowing and/or removal: After a snowfall, all streets in the city of Monticello shall be cleared of all motor vehicles and parts thereof for the purposes of snow plowing and/or removal until all streets are plowed. Any motor vehicle or parts thereof left on any street or boulevard in the city of Monticello in such a way as to impede the performance ofthe city and/or state snowplow shall be dealt with under the Penalty Code No. 1-4-1. (We need to get a clarification of what this penalty is) 20. WINTER SIDEWALK PATHWAY/SNOWMOBILE REGULATIONS The Wright County Sheriffs Department will rigorously enforce portions of the city ordinance in regard to use of the sidewalks/pathways by snowmobiles, ATV'S and other motorized vehicles. . TITLE 6, CHAPTER 5, SECTION 2: - PAGE 10 OF 11- f:\ADMIN\WoI'llProclPOLtCIES\SNOW PLOWING POLlCY 2005.wpd' 11fa!05 . . . Restrictions: It is unlawful for any person to operate a snowmobile: On any sidewalks or pathways in the city of Monticello provided for pedestrian and/or bicycle travel. F:\ADMINlWordProcIPOLlCIE$I$NQW PLOWING POLICY 2005.wpd: 11/3105 -PAGE110F11- . . . Council Agenda: 12/12/05 11. Consideration of salarv schedule adiustmeuts based on comparative data.(JO) A. REFERENCE AND BACKGROUND: City Council has requested comparative data on salaries for cities in to see if the Monticello pay scale is competitive with the marketplace. This request resulted from issues relating to the City's ability to hire and retain employees within the boundaries ofthe current pay equity structure. Indicators showing that the entire pay scale may need to shift are as follows. . In order to attract candidates to accept a position, the City has needed to offer starting pay at steps significantly higher than the entry level step. Positions filled high in the pay scale for the position included Chief Building Official, Building Inspector, City Engineer, Construction Observer, Assistant to Community Development Director. . The actual City Engineer pay that was accepted by the winning candidate exceeded the amount identified in the highest step in our pay equity plan thus creating a problem for pay equity compliance. . The City has lost public works employees to other cities and has had trouble attracting qualified candidates to fill the openings. In 2004 the City Pay Equity plan was certified by the state as acceptable so the problem is not relating to disparity of pay between positions. Salarv Survev Susan Hanson assisted in collecting data on certain positions commonly in place in other communities. The job descriptions for these positions are relatively consistent across communities so they represent a fairly good indicator or relative pay between cities. The positions selected for comparison include City Administrator, Chief Building Official, Public Works Director, Liquor Store manager, City Clerk and Street Superintendent. Cities selected for comparison included Buffalo, Cambridge, Forest Lake, Elk River, Otsego, Saint Michael and the proposed salary schedule for Big Lake in 2006. In sum, it appears that the top end of the Monticello salary structure is lower than the average. At Step 6 which can be achieved in 4.5 years the Monticello salary structure is 89% ofthe average. At Step 7 which can be achieved after an additional 3 years, the City salary is about 93% of the average. It is presumed that a major reason why this disparity has occurred is due to the cumulative affect of annual cost ofliving adjustments set at levels consistently less than what other cities have granted. B. STAFF RECOMMENDATION: In order to remain competitive with the market place and word toward resolving issues noted above, the following course of action is recommended. 1. Provide a standard cost ofliving increase. dO,,", . . . Council Agenda: 12112/05 2. Provide and additional increase in an effort to keep pace or catch-up to the market. If Council adjusts pay to a point equal to the average for the cities listed, it is likely that the problems listed above would be diminished or resolved. Increasing the salary structure in an amount less than that may not have the desired affect. 3. Readjust step program so that step 7 can be achieved sooner or remove step 7 and shift the top pay to step 6. The City has had a history of good compliance with pay equity standards along with providing a competitive salary structure. It is evident however that the City pay scale has been slipping relative to the marketplace as noted above. Ifit is the goal of the City Council to continue to provide the service that citizens have come to expect then it is important to develop a pay program that keeps and attracts capable employees. Moreover, in this time of rapid growth and potential staff turnover in the next few years, it is very important to retain trained staff familiar with the community. Establishing a competitive pay scale will help achieve this goal. It appears that an adjustment above the cost of living adjustment is needed to accomplish this goal. D. SUPPORTING DATA: Table showing salaries by Community. ;")01 . . . Council Agenda: 12/12/05 indicates that their adjustments would also take effect on their renewal date of April 1, 2006 and would reflect adjustments to the pay scale adopted by the Council. Because of comparable worth reporting requirements, we have always tried to keep union and non-union wages on a similar scale to avoid any violations of the comparable worth law, which could result in penalties being assessed against the City if we were out of compliance. The last time we reported our comparable worth information we met all of the requirements and were considered in compliance. B. AL TERN A TIVE ACTIONS: 1. Council could establish a cost of living adjustment for the wage scales that would apply for non-union employees that is comparable to the US CPI index increases of 4.3% to 4.7%. 2. Council could establish a cost ofliving adjustment for wage scales that would apply to non-union employees that is comparable to the Mpls-St. Paul CPI index through June of 2005 of between 3.1 % and 3.2%. 3. Council could establish a cost ofliving adjustment for 2006 wages based on some other factor to be determined. 4. Council could decide not to establish any increases at this time until information on a salary survey is received from consultant. C. STAFF RECOMMENDATION: Since the Council has typically adjusted the wage scales based on cost of living information, it is recommended that a percentage increase be established even before the salary survey information has been completed by our consultant. The salary survey will likely help the Council analyze where positions need to be adj usted to reflect various market conditions if there are any pay inequities that currently exist but a general cost of living increase would still seem appropriate just because of general inflationary reasons. It is very likely that the Mpls-St. Paul CPI index will show an annual increase closer to the 4% range once this information is available in early February and it would be my recommendation that an adjustment be considered in the 4% range. D. SUPPORTING DATA: Prior years salary schedule adjustments. d,C'--\ Council Agenda: 12/12/05 . 10. Salary Schedule Adiustments for 2006. (RW) A. REFERENCE AND BACKGROUND: The Council is asked to consider implementing adjustment to the salary schedule for all non- union employees for the year 2006 to reflect changes in the consumer price index (CPI). The Council has annually reviewed the salary schedule and made adjustments in order to help retain the City's pay relationship to market and with Monday nights meeting being the last meeting scheduled for this year, an increase approved at this meeting would allow for implementation of a new schedule by the first payroll period in January. As part of the 2006 budget, I had included an additional 4% in the salary categories for each department to allow for potential cost of living adjustments. In addition, funds were included for step increases that would be appropriate according to our pay schedule and also funds were allowed where salary adjustments were necessary to keep our pay system in compliance with the comparable worth law and to be competitive with other communities. What the Council is asked to consider tonight concerns the basic adjustment of our dollar schedule to reflect current increases in the CPI index. . In the past, the Council has used the consumer price index as a measurement of the inflationary rate. Minnesota Department of Economic Security provides information on the consumer price index for both the US and Mpls-St. Paul area. Normally the CPI for either arc very similar percentage wise, but occasionally there can be di fferences between the two percentages because the Mpls-St. Paul index is only calculated twice a year and the last calculation was only through June of 2005 while the US CPI index is updated on a monthly basis. The latest information I could obtain indicates that the consumer price index for the US on an October to October basis shows an increase of between 4.3% to 4.7%. The differences relate to an index for what is termed urban workers -vs- clerical workers. The CPI for Mpls-St. Paul area through June 2005 (June 2004 to June 2005) shows a 3.1 % to 3.2% increase. As you can see, there is a difference between the US average and the Mpls-St. Paul index because of the different time frames used to compile the staristics and my assumption is that energy and fuel prices have increased since the summer because of hurricanes which arc not yet reflected in the Mpls-St. Paul index, but are reflected in the national CPI. . As the Council is aware, an updated salary survey study has been requested to be completed by Susan Hanson of Frank Madden & Associates a few months ago. To date this information has not been received by City staff to see what effect that may have on various positions within the City and whether that is at a point where it also includes new updated CPI inflation information. Since this information is not available at the time this item is being prepared, the request would be for the Council to consider basic adjustments in the entire salary schedule related to CPI increases, and then address separately any items related to the salary survey in the future. As a reminder. any increases to the salary schedule adopted by the Council would only affect non-union employees as of 1-1-06. The union contract that was renewed April 1,2005 do3 . . . co ~ ~ 'Cf< ~ ~ ~ "" 0 0 0 0 0 <0 ... 0 N <0 0 M Gl .... ..r U) ..r ": U) .... .2 Cl iii .; 0 u:i ... ...: N '0 Qj .... Ol a> a> 0 lIO a> lIO a> <:: u <:: ... ... CIl W :;::: CIl > c. <:: u <I: 0 ... 0 CIl .... I- :z D- O N ill 0 ~ ill ~ " oo cO '" '" .Q , ~ 0 '" N, N. " m r-: .,; " ~ -0 Q) '" " " '" "' C , '" '" '" '" '" '" >. w .2 '" cO "- C 0 0 t- f- :2 CIl ~ ~ ~ ~ ~ ~ ~ c..2 0 0 0 0 0 0 0 Cl ... lIO U) ... M M a> CIl- .... Ol ... .... <0 N N ... ... .... Gl <:: ... N u:i M .; en .!:! CIl 0 lIO a> .... 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" -0 C C ~ 0 is '" '" en :2 C "' "' .~ C -'" '" '1' :Q (; (; a. E '5 S 1il -'" ::J C Ii; (j) '" g -0 lD (; U en -< - .2 a; '" ';;; ~ '" :0 ::J ~ ~ Ii; 0 :.c ::J rr > lL C; U lL ::J C; 1il -< ~ o M .... N a> ~ o a> ... .,; lIO dO'6 905 . PREVIOUS YEARS' SALARY SCHEDULE ADJUSTMENTS . For Year: Reported CPI Increase Council Ad.iustments 1993 3.2% 2.5% 1994 3.7 to 3.8% 3.5% 1995 2.9 to 3.1% 2.5% 1996 2.7% 2.7% 1997 3.1 to 3.3% 3.1% 1998 2.7% 3% 1999 1.5% 2.5% 2000 2.6% to 2.7% 3.00/0 2001 3.4% to 4.2% 3.0% 2002 2.1%t04.2% 3.5% 2003 2.0% to 2.3% 3.0% 2004 1.3% to 2.0% 3.0% 2005 2.7% to 3.2% 2.7% 2006 3.1% to 4.7% . DAWNNVOR D\RICK\PRIORYR,AOJ: Council Agenda: 12/12/05 ~, . 12. Consideration of amendments to contract for orivate develooment on sale of orooertv in Jefferson Commons - COry Kinl!bav. (RW) A. REFERENCE AND BACKGROUND: Council is asked to consider amending the development agreement that the City entered into with Mr. Cory Kingbay for the purchase of approximately 7.5 acres of land within the Jefferson Commons plat. This development agreement/purchase agreement covers a 7.5 acre parcel of land that wraps around the current Muller Theater property and lies just north of the theater complex. The purchase agreement was entered into with Mr. Kingbay on May 26, 2005 at which time a $20,000 escrow deposit was submitted. The development contract provided for the closing on at least 1/3 of this property (2.5 acres) within 120 days of signing the purchase agreement and also required that Mr. Kingbay begin development of at least a 6,000 sq. ft. one level steel and masonry restaurant facility meeting City construction standards by September 26, 2005. Mr. Kingbay was unable to meet these deadlines and as such, has asked for an extension of 3-6 months in order to begin the development on this property. This is similar to a request that was recently approved by the Council regarding property that was sold to Mike Krutzig along Highway 25. . Like Mr. Krutzig, Mr. Kingbay has created some concept plans for developing the entire parcel into a restaurant site and strip center, but has been unable to firm up enough lease commitments to begin construction at this time. When Mr. Kingbay originally received Council approval to purchase the property, he had anticipated that the School Boulevard Extension would have been completed earlier this summer, but the road was just recently opened for traffic. He indicated that he had a number of tenants that were very interested in the property but it was difficult to get commitments when streets and utilities were not yet completed. In addition to the first closing that was to have taken place September 26th, the agreement also calls for Mr. Kingbay to complete the purchase of the balance of the property (5 acres) within one year of the first closing date, or by September 26,2006. Although Mr. Kingbay hasn't asked for an extension on that phase of the development, it is likely that he may be seeking additional time to complete the balance of his project if it is taking longer to do the first phase (restaurant site). . In regards to Mr. Kingbay's request for an extension, I have also been contacted by Mike Muller, owner of Muller Theater property, who is interested in trying to acquire a small corner of the property in question for an expansion to his theater building. The amount of area he would like to acquire to add his large 600 seat screen would be in the area of 15,000 to 18,000 square feet. I mention this at this time in that in reviewing the concept plan that 'VIr. Kingbay has prepared for his entire site, it does appear that this small area on the west side of the property could be added to the theater site without disrupting the development of the balance of the property. Although I have not discussed this in any detail with Mr. Kingbay, the Council may want to discuss deleting a small portion of the property from Mr. Kingbay in exchange for granting additional time for him to develop his property. dC,c'.\ e '2 <t- --' c:.... e 1- <L lu 'J <. ,j -r- <:::t <0 \!l C: - '::::0.::. e tr \ " ',,- t , i . - \), / "!;[ "2 ~~~ /",",!;":!: ~ ~ t~~, '" "1"<:) "', ~~~_ v\ ~"'-- II lli~~ \l ~ ~, "LJ "~"<C '-" Au-. I ,.l tf\ ;"L. ~ ~.,! ~ .q- "' '~'" ~ \:) % ~!i~- ~ ~~ t~~~~- "~"" fl) . f -, -J ~7 ~i f", :! n ;c - 4 -~ _ \, 'o.i " ,,_ . xL ~ ""-J. ,tn ~ 'J p "v.) b-~ ., ~ r'lJ ~ I...o.~ <!; ~-"'- l~~ ~ l!J ~ ~ O<{ ~ ;:r: -:: <?J ,s-.' : ~~ ~ Co... ~ ( ~ i ~ Ie . I \ . , 1 - t -- r t 1: "I -~-- // .:r._; :f c :J / J ~c-e6-2ee5 l6;3e From;MULLER THEATRES ~ D~C-~6-0~ TUE 16:~0 "U~~E~ 32e 963 617e FOAl'll I.'" THiiATR!O& To; 76329S44e4 'iJ~" 'iJli~ ="'1;ji . ~~~11TI~ . . , \ . \ 8 1~ ~ . b---- ~-- .. .- ~,..--'" - ---I r \ ' \\\ . ~---_...-- m \g."'C:;;'::i- --~-1.i i ...:.:. .-1-1 J:----- --....-- ;t ~~_::__.._-- \ \ \ \ \ \ 1\ \ ' \ \ \ I \ , I I , , . I / I I I / I / . "I, '" P.l ....IrIlJ. ;)/~ . . . Council Agenda - 12/12/2005 13. Review ofbiosolids manufacturers presentations and consideration offurther research. (J.S.) (B.B.) A. REFERENCE AND BACKGROUND: With the City Council's directive to research several types of biosolids drying equipment, the biosolids review committee, with the assistance of Bob Brown from Bolton & Menk, Inc., moved forward with that task. In order to determine the most applicable biosolids drying process and manufacturer for the City of Monticello, biosolids drying manufacturers with "some" experience in municipal biosolids drying, were requested to provide a presentation on their process and equipment to the review committee. The review committee consisted of the following members, Rick Wolfsteller, City Administrator, John Simola, Public Works Director, Tom Perrault, City Council Member, Bruce Westby, City Engineer, and Chuck Keyes, Manager, WWTP. City Council Member Brian Stumpf served as an alternate. Six biosolids drying manufacturers provided presentations over the course of two days. A copy of the presentation materials is attached for your review. Evaluation criteria were developed to assist in the analysis of the biosolids drying process and the manufacturers (see attached list of items to be considered). A summary table (see attached evaluation criteria) ofthe evaluation criteria along with the various biosolids drying manufacturers information is attached for your review. Based on information obtained from the biosolids drying manufacturers, as well as discussions that were held among the Biosolids Drying Review Committee, three manufacturers are recommended to continue for the next phase of the evaluation process. The three manufacturers selected are Kruger, U.S. Filter, and Komline-Sanderson. The next evaluation selection phase will consist ofthe following items: 1. Making site visits to biosolids drying installations. 2. Calling to discuss operating issues with selected operators from facilities. 3. Requesting additional information on equipment and manufacturers. 4. Requesting preliminary layouts of the biosolids drying equipment and associated equipment. 5. Requesting further refinements on capital and operational costs for the drying process from each of the three manufacturers. After the completion of the next evaluation phase the committee will recommend the biosolids drying equipment manufacturers for the base bid. There may be one, two or all three manufacturers may be included. The time schedule for the completion of this phase of the evaluation process is February 2006. The obj ective is to have design and bidding processes completed so that the bids can be returned and construction can be initiated by summer of 2006. The cost to perform onsite visits (within the USA only) to the Paragould Arkansas Facility (Komline-Sanderson) and Newport, TN/London, TN (U.S. Filter) would be approximately $1,200 per person, which includes airline tickets, hotels, meals and transportation. The trips would be from :;) t3 . . . Council Agenda - 12/12/2005 Tuesday evening through Friday morning. The Kruger drying equipment will be reviewed at the SMSC Wastewater Treatment Facility in Mystic Lake. This equipment will not be able to be observed in operation. The only way to observe this equipment in operation would be to make a trip to Europe. Representatives of Bolton & Menk, Inc. are planning on traveling to the Kruger Manufacturing Facility in Cary, NC at no expense to the City of Monti cello and report back on the facility, its staffing and its capabilities at a later date. B. ALTERNATIVE ACTIONS: 1. The first alternative would be to authorize Bob Brown from Bolton & Menk, Inc. and representatives of the Biosolids Review Committee to continue evaluating the biosolids drying manufacturers and their equipment until a report can be presented to the City Council with a recommendation for those to base bid the project. This alternative would allow Bob Brown and three committee members to visit the Arkansas and Tennessee locations and observe those manufacturers' equipment in operation and discuss operation with staff members from those communities. 2. The second alternative would be to proceed as outlined in the above agenda packet; however, to either add or remove individuals from the trips to see the operating facilities. C. STAFF RECOMMENDATION: It is the recommendation ofthe Biosolids Review Committee that the City Council authorize us to move forward with our research and study as outlined in alternative # 1. I would suggest, however, prior to the Kruger drying equipment be placed as a base bid that at least two direct representatives of the City of Monticello view that equipment in operation and discuss those operations with individuals actually responsible for the ongoing operation and upkeep of that equipment. D. SUPPORTING DATA: Included in the supporting data are the power point presentations from each one of the six manufacturers. In addition, there is a short list of 17 items to be considered in evaluating and selecting a drying process manufacturer. This list will more than likely be added to during upcoming review committee meetings. Also enclosed in the supporting data is a copy ofthe evaluation criteria summary from all six manufacturers. :) I '-I . . . B. Council Agenda: 12/12/05 14 Review status of Kiellber!! West !!arba!!e pickup a!!reement. (RW) A. REFERENCE AND BACKGROUND: The purpose of this item is to review with the Council the status of an agreement that was established by the Council January 12,2004 that allowed Kjellberg's Inc. Mobile Home Park to continue using their own contracted commercial garbage hauler until the end of this year (12/31/05). Beginning January 1 ", the City of Monticello was to begin garbage/refuse collection services in the mobile home park with the cost billed to Kjellberg's Inc. based on the City's current rate in effect. As will be explained by our City Attorney, Tom Scott, an actual agreement was never executed by Kjellberg's Inc., but the City's ordinance is still in effect that requires all commercial residential properties to use the City's hauler rather than separately contract for their own disposal. This is similar to what service is provided by the City for all other commercial residential properties such as numerous apartment buildings, assisted living facilities and River Terrace mobile home park. At this time, Kjellberg's West Mobile Home Park is the only establishment classified as commercial residential that is not following the City's ordinance and the Council is asked to provide direction on how we should proceed with enforcement. Enclosed with the agenda is a copy of the agenda item from January 12, 2004 along with the COLmcil minutes from that meeting and a copy of the agreement that was prepared as a result of that meeting. Our City Attorney has indicated that he will be prepared to discuss this matter with the Council at Monday nights meeting and no additional information is available from their office at this time. ALTERNATIVE ACTIONS: The same alternatives are available for discussion that are listed in the Council agenda package dated January 12,2004. C. SUPPORTING DATA: Copy of agreement Council Minutes Agenda Item y/S . . . - I II...,C I...: L' \ '1 - - 'F- \{~) :~. /7 ........ I 1\j e t /I) e.r g :5 '- G)aV' bClo,c CDiI~c.-h &r, lJ\k~~ [)8iri( AGREEMENT REGARDING GARBAGE COLLECTION SERVICES THIS AGREEMENT made and entered into by and between KJELLBERG'S INC., hereinafter referred to as "Kjellberg", and CITY OF MONTICELLO, hereinafter referred to as the "City." WITNESSETH: WHEREAS, property owned by Kjellberg was annexed into the City effective in February 2003, and WHEREAS, on January 1, 2003, Kjellberg entered into a contract with Waste Management of Minnesota, Inc. for the collection of garbage from its mobile home park for a three year term, and WHEREAS, the City Code requires Kjellberg to use and pay for the garbage collection services provided by the City, and WHEREAS, the City, in cooperation with Kjellberg is willing to allow Kjellberg to complete its existing contract with Waste Management on the condition that Kjellberg agrees to use and pay for the garbage collection services provided by the City commencing January 1, 2006, NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows: SECTION 1: The City hereby allows and'permits Kjellberg to complete its existing contract with Waste Management dated January 1, 2003 and terminating December 31,2005. SECTION 2: For the period January 1,2003 to December 31, 2005 the City exempts Kjellberg from the requirements of the City Code compelling the use of the garbage collection services provided by the City for the west portion of Kjellberg's mobile home park only. SECTION 2: Kjellberg agrees it will not extend its existing contract to new areas or property, or renew or enter into a new contract for garbage services, without prior written authorization from the City. SECTION 3: Kjellberg agrees that commencing January 1, 2006 it will use and pay for the garbage collection services provided by the City. 110703 ;)11p . SECTION 4: Kjellberg agrees to pay $400.00 for recycling bins already delivered to Kjellberg by the City and $900.00 towards City fees incurred in its attempts to collect garbage from the Kjellberg Property. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duIy authorized as the dates below indicated. EXECUTED this _ day of ,2004. KJELLBERG'S INC. By: Signature: Printed Name: Title: . EXECUTED this _ day of ,2004. CITY OF MONTICELLO By: Bruce Thielen, Mayor By: . Rick Wolfsteller, City Administrator . 110703 d(l . . . ~..--.. iV.i[=\"~\J/ ,- II ,) ~/ I '~/ '~" I~ Council Minutes - l/12/04 ROBBIE SMITH MOVED TO APPROVE THE APPOINTl'vIENTS FOR 2004. GLEN POSUST A SECONTIED THE MOTION. MOTION CARRIED UNANIMOUSLY 10. Consideration of request bv Kirk Kiellberg to be excluded from organized garbage collection as residential. Matt Brokl, City Attorney, provided background on this agenda item which relates to a dispute regarding garbage service to the Kjellberg West Mobile Home Park which was recently annexed into the City. The City was approached.by the property owner regarding the service and the fact that the mobile home park has a contract providing the same service but at less cost. They also object to being classified has residential/commercial instead of commercial. If they were classified as commercial they would be able to contract independently for garbage service. At the present time the property owner has not allowed the City's hauler onto the site to collect garbage. The City Attorney and Mayor have met with the property owner on this issue. Kirk Kjellberg spoke to the Council and stated the mobile home park is an unique situation in that there are no public streets in the park and the park is an enclosed community_ Since the City's contract with Onyx was in place before their property was annexed into the City the mobile home park is not covered by it. John Simola stated that City ordinance provides that garbage collection is provided to all properties within the City limits regardless of when the property comes into the City_ Kirk Kjellberg stated that the mobile home park has provided economical housing for 40 years and he felt that being able to contract separately for garbage collection was more cost effective for the residents ofthe trailer park. Being classified as residential/commercial under the City's classification would mean that the mobile home park residents would have higher garbage charges than if the mobile home park continued under its contract with the present hauler. The mobile home park would like to be treated as a commercial enterprise and be allowed to contract for their garbage collection services. Mayor Thielen asked Mr. Kjellberg for his response to the staffs recommendation which was to allow the Kjellberg West Mobile Home Park to complete their contract with the present hauler which expires on December 31, 2005. Mr. Kjellberg stated that he would like to have this looked at by his attorney before committing to it. Brian Stumpf stated he had some reservations about having the mobile home park designated as commercial and the precedent that might set. Kirk Kjellberg stated that the Council should consider whether Onyx had the right to bill for collection when they did not pick up any garbage at the park. John Simola stated that Onyx has been on the mobile home property each collection day but no cans had been .set out. Robbie Smith asked if the mobile home park designation was changed, what impact would that have. John Simola replied that he thought it would have snowball effect with other properties like apartments and town homes also requesting the commercial designation. BRl.A.N STUMPF MOVED TO ALLOW THE KJELLBERG WEST MOBILE HOME PARK TO CONTINUE THEIR PRESENT CONTRACT WITH THEIR GARBAGE HAULER UNTIL DECEl'villER 3 l, 2005. Gien Posusta stated that he had a concern with the City providing recycling services to the 4 Ale;; . . . Council Minutes - 1/12/04 mobile home park at no charge. John Simola noted the recycling charges are $1.87/per month/per unit. Kirk Kjellberg questioned whether the recycling was monitored. It was suggested that as part of the motion, Kirk Kjellberg and the staff meet to negotiate the numbers and then report back to the Council. Matt Brokl clarified that the Council motion maintains the status quo put in place until the negotiations are completed. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNi\NIMOUSL Y II. Consideration of hirin2 additional Ooerator/Mechanic for the Public Works Department. John Simola provided background on this agenda item noting that in the 2004 budget there were nmds set aside for a full-time position in the Public Works Department for \12 year. John Simola stated that because of medical leaves affecting a couple of Public Works employees they had to hire a temporary person to help with the work load. The Public Works Department would like to move up the advertising for this position from July to February. The Public Works Department would look at reducing capital outlays in an amount equal to the extra months of the labor cost for this position Bruce Thielen expressed his concern about how the item was presented. He felt this request should have gone to the Personnel Committee for review and then forwarded to the Council. He felt that the way it was presented did not seem to provide an equal opportunity to all. Glen Posusta felt if the temporary employee was doing a good job and submitted his application for the position, he saw no reason why that temporary employee should not be considered for the position John Simola stated that all he was requesting was that the Council allow him to advertise for this position earlier in 2004. BRUCE THIELEN MOVED TO REFER THE HIRING OF AN ADDITIONAL OPERA.TORlMECHANIC FOR THE PUBLIC WORKS DEPARTMENT TO THE PERSONNEL COMMITTEE AND HAVE THE PERSONNEL COMMITTEE MAKE A RECOMMENDATION TO THE COUNCIL. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY Brian Stumpf asked if there was a deadline for the Personnel Committee to make their recommendation to the City Council. Bruce Thielen said the Personnel Committee would meet when the City Administrator returned from vacation and prior to the next regular Council meeting 12. Consideration of adootin2 amendment to Comnrehensive Plan eliminatinl;:: or modifvin2 zero setback reQuirements at the intersection of Broadwav and Pine Street (Block 52) It was noted that there was ajoint meeting of the various boards and commissions of the City to discuss the proposed amendment to the Downtown Revitalization Plan to accommodate the possible development of the site for a Walgreens store.. JefTO'Neill updated the Council on the agenda item and provided some additional information and sketches on a Walgreens store located in the Maplewood/St. Paul area. 5 2_ICj . . . Council Agenda - 1/12/04 10. Kiellberg Mobile Home Park: Garbage Collection A. Reference And Background: A dispute has arisen between the owners of the Kjellberg Mobile Home Park (hereinafter Kjellberg's Inc.,") and the City concerning garbage collection and the City's assessment of garbage collection costs against the park property. Kjellberg's Inc informed the City they have a separate contract for collection of garbage with Waste Management for collection from the west side of the park only. Kjellberg's Inc. also informed the City that Onyx, the City's hauler, may not enter onto the west side park property to collect garbage. However, Onyx is allowed onto the property to collect recyclables. The City has informed Kjellberg's Inc that they must use the City's hauler as set forth in the City's Ordinances. The City also informed them that refusal to use the service will not relieve them of their obligation to pay for the collection efforts of Onyx that are going unused at the rate of $3.34 per unit per month. Kirk Kjellberg contacted the City to set up a meeting with the Mayor and the City Attorney to discuss the situation. Mr. Kjellberg presented a proposal that the City consider amending its ordinances to allow the mobile home park to contract directly for waste services, rather than use the City's contractor. The City has a policy and ordinance that requires residents to use the City's assigned garbage and recycling collector. Commercial enterprises are exempt and may contract directly with a garbage hauler of their own choosing. Under the City Code, the Mobile Home Park is considered to be "commercial residential" rather than strictly commercial. This distinction has been upheld in COlui in a previous dispute between Kjellberg's Inc. and the City. At the time of the annexation of the west side of the mobile home park, Kjellberg's Inc. entered into an agreement or contract with Waste Management for a 36 month period. The agreement calls for collection at a rate of approximately $6.64 per unit per month as compared to the City's charged rate of $9.45 per unit per month (The city additionally incurs a recycling charge of $1.87 per unit per month that is not billed to Kjellberg's Inc.). The agreement expires December 31, 200S. Ordinance Provisions: 7-6-9: GARBAGE/REFUSE SERVICE RATES: The City operates an organized garbage collection and disposal program for all residential properties within the city of Monticello under the authority of Minnesota State Statute 433. The City hereby establishes a service charge for garbage/refuse collection and related services for all commercial residential property within the city of Monticello. Commercial residential shall be all mobile homes located on rented lots or land in mobile home parks and multiple housing units, four-plex and above. (A) A service charge for garbagelrefuse collection, disposal. and container rental provided to commercial residential units within the city shall be billed at the 109844 lJ-d U Council Agenda - 1/12/04 rates as established by City Council. Non-commercial residential property, considered all single family through triplex, whether rented or not. shall not be billed directly for garbage/refuse service but must not place recyclables in the garbage or the garbagelrefuse may be left at curbside until the recyclables are removed. Recyclables are considered those materials recycled with the City's Recycling Plan. Recycling services are provided for all residential units in the city of Monticello as per the City's requirements under the City of Monticello Recycling Plan approved and adopted by the City Council on February 13, 1989. including any amendments thereto . . B. Discussion and Considerations: 1. A change to allow any independent haulers could result in increased traffic by haulers on city streets. 2. A reduction in the number of collection points from the City's current hauler could result in an increase in the' cost to each remaining resident. 3. A change for one mobile home park may necessitate changes for all mobile home parks in the city now or in the future. 4. An ordinance change for mobile home parks may necessitate a change for apartments or other high density residential/commercial developments in the city. 5. A change to garbage collection may impact the collection of recyclables. C. Alternative Actions: · \pi' 0~ cP 4. 2. Enforce the existing ordinance and require the entire Mobile Home Park to use the City's waste hauler. Amend the City Code to define mobile home parks as strictly "commercial", thus allowing the entire Mobile Home Park to contract for collection directly with a hauler of their choice. Amend the City Code to define all high density developments (mobile home parks and apartment buildings) as strictly "commercia]" thus allowing them to contract for collection directly with a hauler of their choice. Enter into an agreement with Kjellberg's Inc. to allow them to complete their obligations under their existing contract which expires on December 31,2005, at which time the entire Mobile Home Park must use the City's hauler. Terms of the Agreement would require Kjellberg's to pay all Onyx costs to date (they have been billed through November). Kjellberg's would also pay $8.00 per unit for recycle bin costs. The City would continue to provide recycling services to the units without cost. o o. D, Staff Recommendation: Enter into an agreement with Kjellberg's Inc. to allow them to complete their obligations LU1der their existing contract which expires on December 31. 2005. at which time the entire Mobile Home Park must use the City's hauler. Tenns of the Agreement would require Kjellberg's to pay all Onyx costs to date (they have been billed throngh November). Kjellberg's would also pay $8.00 per unit for recycle bin costs. The City would continue to provide recycling services to the units without cost. . 109844 :)~I . . . December 7, 2005 BRIAN C. SOUTHWELL, LTD. Attorney-at-Law Suite 500 701 Fourth Avenue South Minneapolis, Minnesota 55415 Telephone: (612) 337-9573 Fax: (612) 337-9574 Mr. Soren Mattick Campbell Knutson 13 80 Corporate Center Curve, #317 Eagan, MN 55121 Re: Kjellberg Mobile Home Park garbage collection service Dear Mr. Mattick: Pursuant to our telephone conversation I have contacted my client regarding its position on the City's garbage collection within his mobile home park. My client is not in agreement that the City's contractor should provide the service to the park. The City's contractor is approximately $600.00 per month more expensive than privately contracted haulers. Further, my client provides all utility services to its residences within the park. My client is responsible for street lighting, maintenance and plowing. The city incurs no expense for streets which the garbage trucks may damage over the course of time. Therefore, my client believes that garbage, like other utilities, should be controlled by the park. I am available for further discussion of this matter. BCS:ab cc: client ~ ~.~ rian C. Southwell d&~ . " (} . Council Agenda: 12/12/05 15. Consideration of Auurovinl! Trnnk Fee Increase for 2006 (Citv of Monticello Proiect No. 2005-09C) (WSB) A. REFERENCE AND BACKGROUND: The City Council previously reviewed information related to the adjustment of the trunk fees for sanitary sewer, water main, storm sewer, and the sewer access charge (SAC). At that meeting, issues were discussed related to the following: . Growth Rate . Unit vs. Acre Charge . Assessment of fees · SAC transfer to trunk fee · Assignment of credits and up fronting costs The attached memo addresses each of these items and the associated recommendation. The Council is asked to review the information and approve increases for 2006. The memo includes a summary of the full report. Once the Council approves the increases, the final report will be prepared and provided to the City staff. B. ALTERNATIVE ACTIONS: 1. Authorize increasing the SAC to $3,802 as noted effective January I, 2006. Authorize increasing the trunk sanitary sewer fees to $1,132/residential unit and $2,830IAC as noted effective January 1, 2006. Authorize increasing the watermain fees to $872/residential unit and $2,180IAC as noted effective January 1,2006. Authorize increasing the storm fees to $3, 120/net acre with alternate ponding payment fees of $8,1761 AC - Industrial, $6,9971 AC - Commercial, and $3,490/AC - Residential as noted effective January 1, 2006. C. STAFF RECOMMENDATION: It is the recommendation ofthe City Administrator to approve Alternative No.1. The City Council may also choose to consider increasing the water rates to start building a fund for a water treatment plant. D. SUPPORTING DATA: Memo Supporting Documents d-').~ F:',d"omg',lmrdpn",1201J5 CollflciIAge,lda'IDet: J2.051/7Revlcw TrunkFee-l112 OJ.dnt: . . . ... WSB & Associates, Inc. Memorandum To: Honorable Mayor and City Council Rick Wolftteller, City Administrator Bruce Westby, P.E., City Engineer Jeff 0 'Neill, Deputy City Administrator John Simola, Public Works Director City of Monticello From: Bret A. Weiss, P.E., President WSB & Associates, Inc. Date: December 12, 1005 Re: Trunk Fee Analysis City of Monticello Project No. 1005-09C WSB Project No. 1494-05 This memo addresses the update to the current Monticello trunk fee program. In lieu of providing the entire report, we have summarized the primary issues in this memo for your consideration. We will provide the full report to City staff for their use. As you are aware, this report utilizes assumptions on growth rate compared with the anticipated capital improvement expenditures to determine the necessary trunk fees. It is recommended that the report be regularly updated in an effort to adjust the fees according to actual growth and project costs. All of the fees have been set to maintain a positive balance in each fund. The primary issues within the report are noted as follows: 1. Unit Char!!e: Currently, the City charges the sanitary sewer and watermain on an acre basis with only the storm sewer fee adjusted based on the type of land use. It is proposed that the trunk fees be assessed on a per unit basis for residential areas and a per acre basis for commercial and industrial developments for the sanitary sewer and watermain, with the storm sewer remaining as an acre charge. To this end, based on average development density within the City, we used 2Yz units per acre to calculate the per unit fee. This should better reflect the cost of development density to City systems. 2. Assessment of Fees: Currently, the City of Monticello has allowed developers to assess the trunk fees on a per lot basis over a 1 O-year period. The developers do have to pay interest each year on the assessment that has not been paid off, which typically keeps the City current with increases to the trunk fees. We are proposing that the City Council still allow the trunk fees to be assessed, however, the terms should be reduced to 3 years. This will ensure that the City receives trunk fees on a timely basis to pay for improvements that likely were necessary for development of the assessed lots. C:lDr>cwnenl.< ""d Sel/inK' idal<ll.gross;nger',lccat Sellmg.ITempvrary liI/erner File,10U<3LMEM()'hma;_} 111()j,doc if- d- '-I Honorable Mayor and City Council December 12, 2005 Page 2 e 3. Transfers of SAC Fees to the Sanitary Sewer Trnnk Fee: Currently, the City of Monticello is transferring 30% of the SAC fees to the sanitary sewer trunk fund with the remaining 70% going to pay for WWTP expenditures. This is an unusual practice and was discussed at the previous meeting that the City should work towards eliminating that transfer. The fees that we have proposed include eliminating the SAC fee transfer in 2018 and depositing 100% ofthe SAC fees into the WWTP. The elimination of the SAC fee transfer in the year 2018 is the best way to remove this process without making major adjustments to the trunk fee and SAC fee at this time. This item can also be evaluated once the actual treatment plant costs are better known within the next few years. . Trunk Sanitary Sewer: The trunk sanitary sewer fund is proposed to be increased to the following: $1,132 per residential unit $2,830 per acre for commercial and industrial developments 4. Assil!:nment of Credits and Upfrontinl!: Costs for Trnnk Fees: Due to uncertainty in future growth and development rates, we recommend that City staff and Council address each trunk expenditure on a case by case basis to determine if the developer should be required to upfront the cost or ifit fits within the City's trunk program. This flexibility is necessary due to fluctuations in the number of housing units developed on an annual basis and the necessary expenditures and date when they are planned in the program. 5. Growth Rate: The attached cash flow analysis assumes 300 units per year for the first 10 years and 380 units per year thereafter. This is the same growth rate that was used with the pending biosolids improvement. . 6. Trnnk Fees: . . Water Svstem Trunk Fee: The water system trunk fee was adjusted to include the construction of a Water Treatment Facility in 2025. This was added to our fee to address the ultimate need for a plant. In an effort to spread the cost over new development and the existing City, it was decided to place half of the estimated cost in the trunk fee program and half in the water rates. Many cities have included a portion of the water treatment plant costs in the trunk fee program with another portion of the cost paid as a surcharge on the user rates. We recommend the City of Monticello adopt a similar policy. By adopting a similar policy the remaining expense to construct the Water Treatment Facility could be funded by a $0.15/100 cu ft surcharge to the current water rate spread over a 20-year period. The City Council should evaluate when the fee should be added to build a fund for the plant. We are recommending the following rates be imposed for 2006 and beyond while continuing to raise the trunk fees by 4% annually. $872 per Residential Unit $2,180 per Acre for Commercial and Industrial Developments $0.15/100-cu ft surcharge to the current water rate C. ',Doc~menls and Semngida.....gm..'ln~riL"cal ScIliflplremp"""'ry '''''''nel File.IOL/(J'MEMO.hmrx./211Q5,doc t}. d ~) Honorable Mayor and City Council December 12, 2005 Page 3 . . . Storm Sewer Trunk Fee: The storm sewer trunk fee is proposed to be separated into a ponding component and a trunk sewer system component. The ponding component is intended to be adjusted to reflect actual land costs. These costs will be estimated annually, but will also be evaluated on a case by case basis to reflect actual land costs for each specific improvement. The City will determine the locations for regional ponding. Each property owner is responsible for providing ponding for their site, either by constructing the pond or by paying a ponding fee if the regional pond is not located on their property. The storm sewer trunk fee is determined similar to the watermain and sanitary sewer fees and is based on actual expenditures balanced by annual revenue. These expenditures include trunk storm sewer, outlet control facilities, lift stations, etc. The trunk fee is proposed to be $3,120/net acre for all zoning areas and should be increased by 4% annually. . Wastewater Treatment Plant Trunk Fund: A separate fund for the wastewater treatment plant should be implemented to better track cash flows related to the WWTP. A separate cost analysis for improvements to the WWTP was performed. Based on our analysis of a separate WWTP fund we recommend that $1,000,650 be transferred from the current sanitary trunk fund for use as the beginning balance of the proposed WWTP fund. We recommend continuing to current practice oftransferring 70% of the SAC fees into the proposed WWTP until 2018, at which point the 100% of the SAC fee should be deposited into the WWTP fund. The SAC fee should also be increased by 4% on an annual basis in the same manner that the trunk funds. 7. Capital Improvement Plans: Attached are the capital improvement plans (ClP) for watermain, sanitary sewer, and storm sewer. These ClPs relate to the cash flow analysis and describe in more detail the specific projects. Summary and Recommendations Trunk fees need to be set at an appropriate rate to pay for the trunk improvements required for development. Based on the cost analyses included within this report, we recommend the trunk fees should be set as follows: . Sanitarv Sewer Trunk Fee $ I ,268 per Residential Unit $3, I 70 per acre for Commercial and Industrial Developments Water Svstem Trunk Fee $872 per Residential Unit $2, I 80 per acre for Commercial and Industrial Developments C'ID<>rumelll" (i'l4 Se!li~gs'd~wtI_gro.J.i"gerlLoca/ Se/ti"gs',Tempa~a"r In/ernet Filu'IOLK3IMEMO-hmcc_ f 2120S.doc +d~ Honorable Mayor and City Council December 12, 2005 Page 4 . Storm Sewer Trunk Fee $3,120 per Net Acre Storm Water Storage and Ponding Fees Industrial = $8,176 Commercial = $6,997 Residential = $3,490 These fees are waived if developers provide the ponding but will be charged to developers that are contributing their portion of a regional pond. . Trunk fees should be deposited in Sanitary Sewer, Water System, and Storm Sewer Funds. Operation and Maintenance funds should be held in a separate account. C ',Documents Ilnd SellingsidalUt,grossing<-'r1I,octll Se:/ingsiTa"'fWrol}'fntenw;1 FibIOLK3'MEMO-hm(:'>/21205.doc d- ^J-\J . The City should continue to assess the trunk fees; however, the terms should be reduced to 3 years. . . The City should consider a transition for recurring expenses such as equipment replacement, facility repair and vehicle purchases be paid from the Operation and Maintenance Funds. If it is determined to stand with the current policy, some adjustment to the trunk fee may be required. . Keeping the trunk fees competitive with other nearby communities is important and the annual fee multipliers can be adjusted up or down depending on when actual expenditures occur. The trunk funds should be evaluated at least every couple of years to determine if the rates are adequate to meet the current construction demands. As projects are pushed up on the schedule, or if they are delayed, the trunk fund balances will be impacted. . . In addition to the sanitary sewer trunk improvements, there will be a need for additional wastewater treatment as the community grows. With the expected population growth the sanitary flows will exceed the current capacity ofthe wastewater treatment facility within a short time. The existing flow at the treatment facility is 1.1 MGD and the current average capacity of the WWTP is 2.07 MGD. This leaves approximately 0.97 MGD available for use, which represents a population equivalent of approximately 8,330 people at 100 gallons per capita per day plus 242 acres of non-residential development. Based on the projected population the facility could reach the maximum flow capacity as early as 2011. A separate fund for the wastewater treatment plant should be implemented to better track cash flows related to the WWTP. Based on the cash flow analysis, 100% of the SAC fees may be deposited into the WWTP fund after 2018. The SAC fee should also be raised 4% on an annual basis in the same manner as the trunk funds. . . . Honorable Mayor and City Council December 12,2005 Page 5 . The cost for a Water Treatment Facility should be split between the trunk fund and an added increase to the city water rates. This would call for water rate increase of approximately $0.15/100 cu ft of water. This rate increase does not need to occur immediately, but should be considered prior to the construction of the plant. We have assumed $0.15/100 cu ft over a 20-year period. . The City should encourage development in an orderly fashion within the orderly annexation area to help spread out the costs associated with trunk improvements as they happen throughout the City. "Leapfrog" development, which is essentially allowing development in areas that are not directly adj acent to existing developed areas, requires the extension of trunk facilities past undeveloped properties. Extending utilities past undeveloped properties does not allow for collection of trunk fees and often requires easement acquisition, which raises the costs. As a policy, the City should require that any developer or landowner requesting to develop property outside the normal development pattern would be required to pay all additional costs associated with extending the utilities to the property. This property owner would also pay the trunk utility fees and would not receive a rebate for the up-fronted expenditures. A presentation will be provided at the meeting to address these issues in greater detail. If you have any questions prior to the meeting, please don't hesitate to contact me at 763-287-7190. Attachments srb ;c).. \ ~ C: ',DocIl"',mu and Selli"gsidl1l<'/1.gross;nger'Local Seul"g.ITempw<lry 'nlernel Files' OLK3iMEM()'htnt;.'C.121205.doc . Cash Flow Analysis Sanitary Sewer Trunk Fund (Adjusted Fee) City of Monticello WSB Project No. 01494-050 Residential Trunk Fee = $1,132 per unit $3,461,000 3.00% $2,830 per acre 4.00% 4.00% $1 097 per unitU Beginning Balance Expenditure Inflation Rate Adjusted Trunk Fee Annual Fee Multiplier (Year 1-10) Annual Fee Multiplier (Year 11-40) SAC Fee (to sanitary sewer fund) Adjusted SAC Fee = SAC Fee Transfer = Reduce SAC Fee = $3,656 per unit 30% 0.0% per vear . . Sanitary Sewer Trunk Fund Annual Debt Year Description Expenditures Debt Service Trunk Fee Sac Fees** Balance Transfer :!3~_~inni\)g _ Balance 1 $3,461,000 SO _n ---- - --- 2~ SO $316,376 $368,525 $4,145,901 SO - 2005 Improvements (#1,2)-;-&4r- $751,117 i 2006 i 10 year bond @ 6% $5,528,283 $316,376 $3_83,266 $4,094,426 1 $0 1:!O06 Improvements (#5) 2007 lOyr bond @6%(CreditDeveLoper$389,000) $751,117 $434,652 $398,596 ' $4,176,558 $0 200"flmpro-vements (#6) .--- ------ 2008 10 year bond @ 6% $1,310,000 $939,943 $452,038 $414,540 54,103,193 $0 2008 Improvements (fI'- & gr- 2009 10 year bond @6% $365,000 $994,133 $470,119 $431,122 S4,010,301 $0 . , .--- - 2010 . $994,133 $488,924 5448,367 i $3,953,459 $~ ~1()ITllmproveIl1ents (#10)--- ----- 2011 10 year bond @ 6% $1,750,(]j)O+- $1,269,773 $508,481 $466,301 $3,658,468 -~ '20f11mprovements (#] 1 & 12) - - 2012 10 year bond @6% $1,38(),000_ . $1,493,655 $528,820 $484,953 $3,178,588 .~() j20-liImprovements (#13, ]4, & ]5) _2()13 'IOyearbond@6% 52,430,000 ----- $1,899,709 $549,973 $524,352 $2,333,2()3 --~ -to 13impn:lvemeiiiii-(#16) 2014 IOyearbond@6% $410,000 $1,970,275 _._$571,972 ; $524,526 ___$1,459,426 $0 2014 Improvements (#17)---- -- -- 2015 10 year bond @ 6% $360,000 $2,034,095 S594,85I $545,507 $565,688 SO .- ------- - - - , 2016 $1,282,979 $788,55~ $720,978j $792,243 $0 - ---- -- 2017 -- $1,282,979_ . -- $820,097 $749,817 $1,079,178 .-. ..~ 26t'tlmprovements (#18) too. 2018 10 year bond @ 6% , $425,000 Sl,176,481 $852,901 $0 5755,597 $0 -- 2019 51,122,291 $887,017__ $0 5520,323 $0 ... , 2020 ! $1,122,291 $922,497 $0 n ~320,530 __ $0 ,2020ImprovementS:'(ff19) - i 2021 IO}ear.bond@_6% _$1,600,000 $1,185,336_1_ $959,397 $~ i $94,5911 -~ ------- -'1021 Improvements (#20) 2022 i ~_ year bond @ 6% S560,000 $1,083,550_ ~997ZI~ f--- $0 $8,815 ---~ ----- 2023 $677,496 _ $1,037,684 , $0 $369,00~ _ . $0 --,--- -- --- 2024 i $606,929 $1,079,191 , $0 $841,265 $0 ------- - 20141mprovements (#2 [) ------- 2025 10 yearbond@6% $430,000 $645,555 $1,122,~59 $0 $1,318,070 $0 2025 Improvements (#12) 2026 10 year bond @6% $630,000 $800,152 51,167,253_ $0 _ $1,685,171 $0 1026 Improvements (#23) - ---- 2027 !O year bond@6% , $465,000 $917,683 $1,213,944 $0 $1,981,431 SO - --.. ---- 2028 $835,354 $1,262,501_ $0 $2,408,579 i $_() ___n_ - - - ---I 2029 ----- $835,354 : $1,3132001 _~_~.L $2,886,226 ..-.~ 2030 $835,354 $1,365,521 $0 53,416,393 $~ - - - 2031 $496,669 $1,420,142 $0 $4,339,866 -~ --- ----- ___n_ ---1 2032 S374,574 $1,476,948 $0 ' $5,442,240 , $0 ---- - -=:T- , 2033 -4 5374,574 $1,536,026 SOL $6,603,69~_1_~ ----- . $0 I 2034 ** Transfer 100% of SAC fees to WWTPin 2018 : $374,574 , $1,597,467 $7,826,586 $0 . K:\01494.Q5\Admin\Excel\Cash FloW Analysis 1of5 iftC\ . . . Cash Flow Analysis Waste Water Treatment Plant Fund (Adjusted Fee) City of Monticello WSB Project No. 01494-050 Beginning Balance Expenditure Inflation Rate SAC Fee (to WWTP fund) Annual Fee Multiplier (Year 1-10) Annual Fee Multiplier (Year 11-40) Year ~8 2009 _}OIO-'---_H H :SBR Tank f- _?~}_l '10 year_ b?nd @ 6% 2012 $1,000,650 3.00% $2,559 per unit" 4.00% 4.00% Adjusted SAC Fee = SAC Fee Transfer "" WWTP Fund Description 1 Population I Equivalent Expenditures Debt Service SAC Fees*'" , 11,115 11,952 $14,000 _ __ ~i!ln!.~~ Balance ___ Current Debt ofVVVVTP 2005 15 yrs remaining@$500,OOO/year 20<i5Improvements - Shd Loader e-~006__H __ 2006 & 2007 Improvements I ~_O? 20 year bond @ 6% c--'----"'-",------- 12,789 HHH_f $7,250,000 $501,902 13,804 ~l,172,484 $1,172,484 14,641 15,478 $3,656 70% per unit Balance Debt Transfer $1,000,650 $~ H$859,~+-~Hl,360,5~___$0_ $894,287 $1,738,926 $0 S930,058 $967,261 $1,005,951 16,315 $2,042,050 H' $1,172,484 $1,046,189 $1,494,124' $1,088,037 $1,131,558 17,152 ---'-' $1,494,124 17,989 $1,494,124 : 18,826 'H j $1,494,124 19,663 --,- $1,494,124 20,723 $1,492,222 21,783 $1,492,222 22,843 $1,492,222 23,903 $992,222 24,964 $992,222 26,024 $6,000,000 $1,485,566H 27,084 $1,485,566 _H 28,144 - -- $1,485,566 29,204 $1,485,566 I E - ~. _ _on i 30,265 $1,485,566 - - J~!~ ______ c::i - - 1-2017 -- e-l018 H__H e-20 19 ~O 2 - SBR Tanks _~Q21 _lOyearbo~~@6% 2022 _H **Transfer 100% of SA C fees to WWTP in 2018 K:\01494-05\AdminIExceIlCash Flow Analysis $2,167,082 $1,961,858, S 1,795,325, $1 ,669!0~0 $1,262,943 -$() $0 -~ $0 $0 $900,377 __~ $1,"76,820+_ $583,073 $0 $1,223,893 $312,843H $0 $] ,272,849 S91,568 $0 $1,682,282 $281,628 $0 $1,749,573_" $538,980 l-$() $2,599,3~ $1,646,124 $0 $2,703,341 $2,811,475 H $2,923,933 ! $3,357,243 _~ $5,176,49~ , $6,614,863 $0 $0 $3,040,891_ _ $8'170'1871-' $0 $),162,526 $9,847,147,~ $3,289,028 $11,650,609_ $0_ $3,420,589 S13,585,631 i _~ d :::>-(1 2of5 . Adjusted Sanitary Sewer Trunk Fee "= Adjusted Water Main Trunk Fee = Current SAC Fee = Current WAC Fee = Developed Acreage Per Year Year Res Ind Comm Total 2005 12.o;2t.. 10. 120 12 10 ---......-- -- 120 112 !___~ 2006 2007 2008 120 12 10 2009 120 12 10 2010 120 12 10 142 2011 120 12 ::~ ::: :: 20~1_120 12 2()JS II~ I 2016 ~ 152 16 2017 i 152 16 10 10 10 10 10 13 13 2018 152 16 13 2019! 152 -:::~-I ~~: 16 __--1.----.1_ I :~t:~: , 2024 . 152 16 13 13 I 16 ~181 16 13 1 181 ---I 16 13 I 18] 16 13 2025 152 16 13 I 181 2.1126+' 152 -.16:b...13 2027 152 16 13 -.... .. --- 2028. 152 16 13 --- ,-- 2029 152 16 ]3 :::~ ::: ~ ::- ::_+ ::~ :::.. :;J;.. _:t:: 2035 152 16' 13 ' 181 K:\01494-05IAdminIExcel\Cash flow Analysis Growth Projection & Fees Generated Trunk Fee Analysis (Adjusted Fee) City of Monticello WSB Project No. 01491-050 Residential Densities = 2.5 units per acre Commercial Densities = 1 unit per 1.5 acres Industrial Densities = 1 unit per 6 acres $2,830 $2,180 $3.656 $740 per acre per acre per unit per unit Units Per Year Res Ind. Comm SAC units SAC units SAC units Total 142 300 10 142 3B-00 ' 10 _ 300 10 ::~- ::~: _300_+~ I~ 300 I 10 , 26 -..- ..." . 300 10 26 142 142 142 142 142 142 142 ~! 300 10 ---t--. _300 _..3lllJ....t- 14 380 14 -~ f-_38o.._+-...l4.. 33 ~8.o 14 33 380 14 33 -- 1_38.0 I_~. 33 f--380+1.4..... __ 33 380 14 33 10 142 10 I 26 181 18] 181 181 181 18] 380 14 380 14 .__~_ ~427 181 380 14 181 __3..8.0 . 380 14 33 427 H $3,847,697 427 $3,699.709 , ]81 14 181 380 14 _~380 380 -- - 380 14 14 14 '- 380 380 ----- 380 ]4 14 14 26 26 33 .. _ 427 33 33 33 33 33 33 33 33 33 33 33 26 26 26 * Assumes Fees are increased 4% each year SAC WAC Trunk Trunk Population Fees Fees Sanitary Water 10,278 :::::::::: I ::::::::::~:::::. ::::::::t-:::~;: ... $1,328,655._~__S.268,92~ ___~4,652_ $334,820 I 12.7.~ $1,381,801$279,686 .... $452~.!348'213~80'l $1.437.Q23.. ~~_$29.o,8'74..'_...!.470.119 $362,141 I ...1.4.64l.... $1,494,556 $302,529 $488,924 $376,627 15,47.s.... 336 336 336 336 336 336 336 $1,.554,338 $1,616,5]2 336 336 $1,681,l~2 . $1,748,419 $1,8]8,356 336 336 427 $2,403,260 $2.499,391 $2,599,366 427 427 $2,703.341 $2,811,475 + $2,923,933 427 427 427 $340,281 , $327,193 . $528,820 $407,360' 17,152 S423,654 $314,609 $508,481 $391,692 ]6,31.5.... _ ~~?3,892 ~ $368,048 $486,437 $505.894 $526,130 _$547,175 $569,062 S591,825 I S3,040,891 $615,498 427 $3,162,526 $3.289,028 $3,420,589 427 , 427 $3,557,4]2 427 S4,001,605 427 $4,161,669 427 , $4,328,136 427 $4,501,261 427 $4.681,3]2 427 $4,868,564 427 $5,063,3.07 $640,118 $665.722 $692,351 $720,045 $748,847 S778,801 I $809,953 $842,351 .. $876,045 $9]1,087 $947,530 S985,431 $1,024,849 $549,973 -- $571,97~___ $440,(~OO I ]7,98~__ 18,826 -..-- S594,85I $788,555' $820,097 $852,901 $887,017_ $922,497 $959,397 59~7,773 $ I ,037,684 $1,079,191 $1,122,359 $1,167}53 $458,23'l. __19,663 $607,438 20.723 ... $631,735 21,783 $657,005 22,843_ . $683,285 ,23,903 $71.0,616 24,964 $739~16..o24 $768,603 27,084.... 28,144 $799.347 $831,321 $864,573 29,2.04 30,265 $899,156 : 31,3.25.... 32,385 33,445 SI,213,944 I $935,123 $1,262,501 $972,527 $1,313..001" $1,011,429 34,505._ I $1,365.521 $1,051"~ _35.566 $1,420,142. _$1,09J~ _..36,626_ $1,476,948 _.11,137,720 37,686. SI,536,026 $1,183,228 38,746.... $1,597,467. $1,230,557: 39,806... $1,661.366 $1,279,780 40,867 4of5 d- <9 '-\ . . . Water Treatment Facility Funding Option (increase ofSO.15/100-cnbic ft of water) City of Monticello WSB Project No. 01491-050 Tota] Estimated Cost ofWTP in 2025 (2005 dollars) = Amount paid for by water system trunk fees = Amount paid fOf by increase to water rates = 59,650,000 S4,825,000 54,825,000 I Estimated WaterVse Water Use Water Use Money Generated from Year Po....ulation (GPO) (Gallons/Year) (IOO-Cubic FtlYear) $O.l5/l00-<::uft WTP Fee 2005 11,115 2,051,829 . , . ,- - ---- 2006 11,952 _2,187,216 798,333,840 I 1,067,217 8160,083 r 2007 12,789 2,319,925 846,772,479 I 1,131,970 $169,796 e- , , 2008 _]3,804 2,481,869 905,882,295 , 1,210,988 5181,648 ------ _ -- I - -.- --- 2009 14,64\ __2,608,937 952,262,042 1,272,989 5190,948 -..--- ---- , 2010 15,478_ 2,719,706 992,692,800 1,327,037 ~__,s199,056 -- L_~OII 16,315 2,826,324 1,031,608,253 1,379,060 -- 5206,859 2012 17,152 2,928,790 1,069,008,401 1,429,056 +-, 5214,358__ 2013 17,989 3,027,105 1,104,893,245 1,477,027 5221,554 "- 2014 18,826 3,121,268_ 1,139,262,784 _, 1,522,973___ 5228,446 2015 19,663 3,213,246 1,172,834,699 1,567,852 $235,178 -'-- ----.--- --.. 1--20\6 20,723 3,337,184 \,218,072,017 1,628,325 8244,249 2017 21,783 , 3,456,0~5 1,261,467,344 1,686,337 $252,950 ------ f- _. 2018 22,843 _~,569,920 1,303,020,679 i 1,74\,88.5_ i 5261,283 .- - -or , 0019__ 23,903 3,678,718 1,3~,732,023 1,794,972 $269,246 ----+- 2020 24,964 3,841,883 1,402,287, \67 _____i.._ 1,874,585 i 5281,188 ----" I 2021 26,024 4,005,047 1,461,842,312 1,954,199 I 5293,130 ---. 2022 27,084 4,168,212 1,521,397,457 2,033,813 5305,072 ----- 2023 28,144 4,331,377 1,580,952,601 2,113,426 5317,014 L-2024 29,204 4,494,542 1,640,507,746 2,193,040 ___5~28,956 ,- 2025 30,265 4,657,707 1,700,062,89 I 2,272,654 5340,898 Totals 66,975,050 24,445,893,071 32,679,406 $4,901,911 K:\01494-QS\Admin\Excel\Cash FlOW Analysis d-dS Sof5 . Cash Flow Analysis Trunk Storm Sewer Fund (Current Fee) City of Monticello WSB Project No. 01494-050 Beginning Balance $534,715 Expenditure Inflation Rate 3.00% Annual Fee Multiplier (Year 1 .10) 4.00% Annual Fee Multiplier (Year 11 ,40) 4.00% Residential Trunk Storm Sewer Fee"'" $3,120 Commercial Trunk Storm Sewer Fee = $3,120 Id t'IT kS S F $3120 pcracre per acre . II U~ na '"" torm ewer cc= , oeracre "'''Net develonable acrea e does not include pOnds, streets, or Darks (IO% of land assumed roads and park soace) Trunk Fee Ponding Fee Year Oescrintion Expenditures Debt$crvice (per net acre)** (pernetacre)** Balance Debt Transter Beginning Balance $534,715 2005 $0 $398,736 $933,45] $0 2006 LutI~ 11UProvemenl~ ttlJ, 5, & 6) $1,680,138 $398,736 $0 $1,110,559 lOyearbond@6% $221,628 $0 'LUlJD lmprovemenls (;;./,Il,':I &lU, I I 2007 10 year bond @6% S675,600 $3J3,420 $431,273 I $0 $1,22&,411 $0 2008 LUUI JJnprovements(ltll, ]2, 13 & 14) $1,056,420 $461,260 $448,524 $],215,675 $0 IOyearbond@6% $0 I.iUU~ Improvement~ (ill', 10, 7, &. ]15) .. 2009 10 year bond @ 6%. $120,00~ $478,557 $466.465 $0 $],203,583 $0 ILUII') Jmprovementsv11:J, 20,21, & 22) $J,I33,592 2010 10ycarbond@6% $5]5,650 $555,] 14 $485,123 $0 $0 21)]1) Improvemenfs"(#23) .lQl.I IOyearbond@6% $332,480 S605,957 $504,528 $0 $1,032,163 $0 20] I Improvements (#24) 20]2 10 year bond @ 6% $188,360 $635,625 $524,709 $0 1?21,247 $0 2013 20]2 hnprovemenlS\iT,5&26) SI27,440 $656,300 $545,698 $0 $810,645 $0 IOyearbond@6% .WlJlmprovemcnls(1f27) 20]4 10yearbond@6% $82,660 $670,113 $567,526 $0 $708,05) $0 . LUJ4 Improvements (u211 &19) 2015 10 year bond @ 6% $J30,640 $692,598 $590,227 $0 $605,686 $0 2015 finprovemen(:S~(li30} 2016 IOyearbond@6% $170,350 $501,169 $782,424 $0 $886.942 $0 .<.016Improveii-iel1l~ (#.i] & 32)" 2017 IOyearbond@6% $188,680 $443,828 $8J3,721 $0 $1,256,835 $0 LV I J IlllprovClnCllls (Il'~ , :-14, & 35) . 2018 JOyearbolld(~46% $188,680 $331,474 $846,270 $0 $1,771,631 $0 ILUII> lmprovements (#36, 37, & 31l) I 20]9 I D year bond@ 6% $88.240 $331,271 $880,12J $0 $2,320,481 $0 14v],;, lmprovements (It,) ) $2,974,581 > 2020 10 year bond @ 6% $32,640 $26J,227 $915.326 $0 $0 I L1I1U Improvements (J1.4I1) $1l6,060 $234,235 $951,939 $0 $3,692,285 SO 2021 10 year bond @6% ILULI mprovements{#41 &42) 2022 10 year bond @ 6% $591,040 $329,677 $990,OJ7 $0 S4,352,624 $0 ILlIU 611provement.s(#4j, . '" "J $108,100 $332,571 $1,029,617 $0 $5,049,670 $0 222.'. IOyearbond@6% '2023 Improvements (#46) 2024 ,10 year bond @6% $210,860 $366,111 $1,070,802 $0 $5,754,361 $0 2024 Improvements (#47 & 4~) 2025 10 year bond @ 6% $591,040 $343.626 $1,113,634 $0 $6,524,369 I $0 2026 $~13,427 $1,J58,J79 $0 $7,369,121 $0 2027 $278.975 $1,204,506 $0 $8,794,653 $0 .. 2028 $243,489 $] ,252,687 $0 $9,303,850 $0 2029 $226,396 $J,302,794 $0 $10.380,249 $0 2030 $219,883 $1,354,906 $0 $J 1,515,271 $0 2031 $196,032 $1,409,102 $0 $]2,728,342 $0 2032 $70,92J $1,465,466 $0 $14,]22,887 $0 r--- . 2033 $47,353 $1,524,085 $0 $15,599,6J9 $0 2034 $0 $J,585,048 $0 $17,184.667 $0 2035 $0 $1,648,450 $0 $J8,833,1l8 $0 K:\01494-05\Admin\Excel\Storm Fund Cash Flow Analysis 120705- 300 Units per year.xls 1of2 dd-'6 . . 1) 2) 3) 4) W 5) W W 6) 7) 8) 10) W 11) 12) 13) . 14) 15) 16) 17) 18) 19) W 20) 21) 22) 23) . TABLE 6 Sanitary Sewer Capital Improvement Plan (2005 Dollars) - see figure 5 Imnrovement 2005 - 36-inch Southeast interceptor (Phase I) 2005 - Otter Creek lift station & force main (Phase I) 2005 - Meadow Oak Lift Station 2005 - 12-inch Insignia trunk sewer extension 2005 - Skid Loader 2006 - Hidden Forest lift station and force main. (Credit Developer) 2006 - Phase I; Heat drying system. 2007 - Phase 2; expand the existing class B bio-solids process 2007 - 30-inch Northwest trunk sanitary sewer (Phase I) 2008 - 12-inch Featherstone trunk sewer (Phase 2) 2008 - Marvin Road lift station pump replacement to accommodate increased capacity needs, 2010 - 36-inch Southeast interceptor (Phase 2) 2010 - SBR Tank 2011 - Insignia lift station and force main - require to serve the area west ofInsignialSchluender development. 2011 - River Street Trunk Main - Replace River Street sanitary sewer, reroute Chestnut force main to connect to new River Street trunk main, replace Chestnut lift station pumps. 2012 - 12-inch YMCA Development trunk sewer 2012 - Replace interceptor from Hart Blvd to WWTP (24-inch to 48-inch) 2012 - Otter Creek force main extension to the Southeast interceptor. 2013 - 18-inch Northwest trunk sanitary sewer (Phase 2) 2014 - 18-inch 85th Street NE trunk sewer 2017 - Southeast area lift station and forcemain - required to serve the area east of Meadow Oaks and south of 1-94. 2020 - 36-inch Southeast interceptor (Phase 3) 2020 - SBR Tanks (2) 2021 - 18-inch Southeast interceptor -lateral east (Phase I) 2024 - 18-inch Southeast interceptor -lateral west (Phase I) 2026 - 12-inch Southeast interceptor -lateral east (Phase 2) 2027 - Long Lake lift station and force main - required to serve the area on the east side of Long Lake. Trunk Costs (Oversizing and Overdepth cost for Trunk Mains) 3,150,924 716,819 1,560,540 100,000 WWTP Costs 14,000 389,000 4,000,000 3,250,000 1,310,000 100,000 265,000 1,750,000 2,042,050 380,000 1,000,000 260,000 370,000 1,800,000 410,000 360,000 425,000 1,600,000 6,000,000 560,000 430,000 630,000 465,000 Notes: 1. Costs are for budgeting purposes only, and are subject to change as projects are studied, designed, and constructed. 2. Trunk main costs are assumed to be the oversizing cost above 8-inch. 3. Project Costs include 10% for contingency and 28% for indirect costs. Trunk Fee Analysis Sanitary Sewer, Storm Water, and Water System City of Monticel/o WSB Project No. 01494-05 Appendix F ..}-:+It:- . TABLE 7 Water System Capital Improvement Plan (2005 Dollars) - see figure 4 . ImDrovement 1) 2005 - 16-inch Trunk Main to Water Tower (T-2) 3) 2005 - Elevated Water Tower (T-2) (1,000,000 gal) 4) 2005 - CSAH 75 12-inch Looping CSAH 39 to Hart Blvd 5) 2005 - CSAH 18 Watermain Realignment 6) 2005 - Meadow Oak Avenue 12-inch Watermain Relocation 7) 2005 - 16-inch Chelsea Road Extension 8) 2006 - 16-inch Continuation of Savannah Drive 9) 2006 - 12-inch trunk main-continuation ofCSAH 39 & 12 inch loop to Sunset Ponds (Credit Developer) 10) 2006 - 16-inch Chelsea Rd. extension to Tower No.3 11) 2007 - Booster Station No. I Expansion 12) 2007 - 12-inch extension of Trunk Hwy. 25 13) 2010 - Well No.6 14) 2008 - 20-inch Connector Between Above 16-inch Extension and 90th Street 15) 2012 - Reservoir Expansion No.1 (1,000,000 gal) 16) 2009 - 16- inch from 90th St. to Chelsea Rd. extension 17) 2010 - 16-inch 1-94 crossing loop to River Street 18) 2013 - Well No.7 19) 2012 - 12-inch connector between 90th St. and Trunk Hwy. 25 20) 2013 - 12-inchmainalong IasonAve. connecting to southern portion of Carlisle Village 21) 2017 - T-3 (Elevated or Ground Storage) 22) 2014 - 20-inch connector to Chelsea Rd. 23) 2017 - Well No.8 24) 2014 - 16-inchmain from Water Tower 2 to Trunk Hwy. 25 25) 2024 - Water Treatment Facility 26) 2024 - 24-inch trunk main to WTP 27) 2016 - 20-inch extension south along 90th St. 28) 2017 - 12-inch trunk main Northwest Service Area 29) 2021 - Well No.9 30) 2022 - Reservoir Expansion No.2 31) 2020 - 20-inch Fenning Avenne Extension 32) 2028 - Well No. 10 33) 2029 - Booster Station No.2 34) 2025 - 16-inch Loop Fenning Ave to Hwy 25 Trunk Costs (Oversizing cost for Trunk Mains) 80,000 2,423,000 11 0,000 300,000 125,000 32,040 43,000 82,000 190,000 120,000 26,000 800,000 16,000 920,000 126,000 165,000 800,000 76,000 34,000 2,150,000 111,000 800,000 65,000 7,850,000 1,800,000 197,000 336,000 800,000 920,000 533,000 800,000 600,000 350,000 Notes: I. Figures are taken from the 2004 Monticello Water System Plan. 2. Costs are for budgeting purposes only, and are subject to change as projects are studied, designed, and constructed. 3. Tnmk main costs are assumed to be the oversizing cost above 8-inch. In some commercial/industrial areas, the actual oversizing cost will be that above 12- inch. 4. Project Costs include 10% for contingency and 28% for indirect costs. . Trunk Fee Analysis Sanitary Sewer, Storm Water, and Water System City of Monticello WSB Project No. 01494-05 Appendix F 2-:+l . TABLE 8 Storm Water System Capital Improvement Plan (2005 Dollars) -see figure 7 Estimated Estimated Total Storm Sewer Imorovements Trunk Costs City Costs 1) 2005 7th Street- Highland Way $191,700 2) 2005 Hillside Farms Outlet $239,000 3) 2005 CSAH 18/1-94 Interchange $1,215,788 4) 2005 School Blvd Ext - Deegan to 90th $56,700 5) 2005 Chea\se Road West $219,250 6) 2005 Street Recon (Phase n I) $323,020 $ 1,680,138.00 7) 2006 BASIN CD-02 County Ditch Watershed 48" RCP outlet and overflow (Phase I) $990,600 $ 675,600.00 8) 2007 BASIN TH-01 Lifstation for P9nd in Subwatershed TH-OI $866,200 9) 2007 BASIN KF-13 Slo1111 sewer system for area south ofKlien Fanns 5th $796,600 10) 2007 BASIN TH-04 Stann sewer system for area southeast ofGrove1and 3rd $154,500 $ 1,056,420.00 12) 2008 BASIN TH-27 Stonn sewer system for area southeast ofN.E. 85th Street and Hwy. 25 $464,400 $ 120,000.00 13) 2009 BASIN OC-09 Stann sewer system for Subwatershed OC.09 $1,913,900 14) 2009 BASIN OC-Il Storm sewer system for Subwatershed OC-ll (Phase I) $85J,750 $ 515,650.00 15) 20JO BASIN 111-03 Stann sewer system for area east of Groveland 3rd $272,700 16) 2010 BASIN CD-08 Storm sewer system for area northeast of Carlisle Village $139,700 $ 332,480.00 17) 2011 BASINTH-21 Stann sewer system for area west of Featherstone Addition $]9],800 $ ] 88,360.00 18) 2012 BASIN CD-09 Stann sewer system for area east of Carlisle Village $195,400 $ 127,440.00 19) 2013 BASIN CD-06 Stonn sewer system for area east 6fRidge Estates $163,300 $ 82,660.00 20) 2014 BASIN OC-Il Storm sewer system for Subwatershed OC-II (Phase II) $851,750 $ 170,350.00 2J) 2015 BASIN CD-03 Storm sewer system for area east of Meadow Oaks and south of 1-94 $943,400 $ ] 88,680.00 22) 20J6 BASIN MR-22 Stonn sewer system for area south of Township Rd. and Int. 94 $191,200 $ 88,240.00 . 23) 2017 BASIN OC-15 Storm sewer system for Subwatershed OC-15 $163,200 $ 32,640.00 24) 2018 BASIN OC-16 Stonn sewer system for Subwatershed OC-16 $116,400 $ 23,280.00 25) 2019 BASIN KF-09 Storm sewer system for area east of Hunters Crossing $450,100 $ 90,020.00 26) 2020 BASIN KF-l 0 S10nn sewer system fOf area cast ofN.E. 85th Street $156,600 27) 2020 BASIN KF-ll Stann sewer system for area west of Hillside Fanns 1st $173,700 $ 116,060.00 28) 2021 BASIN TH-05 Stonn sewer system tor area westofSchoo\ Blvd. and Hwy. 25 $315,500 29) 2021 BASIN CD-OS Storm sewer system for Subwatershed CD-OS (phase I) $738,800 $ 210,860.00 30) 2022 BASIN CD-05 StOlm sewer system for Subwatershed CD-05 (Phase II) $738,800 31) 2022 BASIN TH-lI Ditch maintenance along IIwy. 25 in Subwatcrshed TH-ll $216,700 $ 591,040.00 32) 2023 BASIN OC-14 Stann sewer system for Subwatershed OC-14 (Phase 1) $108,]00 $ 21,620.00 33) 2024 BASIN TH-07 Stann sewer system for area southwest of School Blvd. and H\V)'. 25 $398,000 34) 2024 BASIN MR-32 Stann sewer system for Subwatershed MR-32 l397,500 $ ]59,100.00 35) 2025 BASINOC-14 Stann sewer system for Subwatershed OC~14 (Phase II) $108,100 36) 2025 BASIN MR~26 StOInl sewer system for area west of Timber Ridge $177,000 $ 57,020.00 ~ J Costs are for budgeting purposes only, and are subject to change as projects are studied, designed, and constructed. 2 Project Costs include 10%[0; contingency and 35%fo; indirect costs. . d-d~ . . . ~ ~ '-l ~ ~ "l ~ '< ~ ~ ~ 11'5 0 0 I~I 0 0 '" ~ s 0 .,; 1;; 00 ~ '" '" e vo .., ;;;; '" ... .., ... 0 0 0 '" :g .., s '" ~ 6 0 ~ M ~ ~ .., .., ~ ~ '< '" 0-- '" ~ N ~ - M ~ N ~ ... Cl '" 0 ~ ;:;; 0 0 ~ 0 0 ..., ~' 6 00 M - vo 00 1;; ;:;; N '" e .., .., ... .., . "'l ... 0 '" 0 '" .E .., "'. 0 ~ . on 6 " 0 ... ~ .., .., " e '" 00 ~ ~ on ~ "' - vo " 00 ~ 0-- Cl 0 '0 "" 0 0 .... ~ 0 S '" 0, 0, ~ ~' ~ - :0: M 00 M '0 ~ M .., M ... e .., '" . '" 0 "'l ... 0 0 .., 0, 0 'S ~ ~ 6 ~ ~ ;;;; ~ ~ ~ .., " ~ .S' ... 0-- "" " 0-- - ..0 ~ N ~ 00 Cl ~ ~ -<: u . .- pJ .( ::l :S u " .;; ~ " :g 0 Oi N '" , 'f 0 00 " ... '€ z " 0 -!l [;J '" ~ " e pJ Q .~ ~ gj , . S . ::J ~ f- ~ ~ u '.! ;;- i2 ;; ~ f- <Il ~ ~ ~ Z pJ ~ 0 0 . .( <:; ~ ~ ;::: z 5 '-l , " .( ~ '-l " ~ ;::: tJ ~ ~ p [;J t::: .2 x tJ 5 '<~ " ~ pJ CI , '- ~ u ~ ~ 5 i2~ .., .( . . 'ok. . ~ :E <Il Q - <>. :E 8 ~ " ~c . ~ 0 ~ ;;;i::: :<; ~ U ...J ~ " .:: 0 . ...<.5 o V "5 . ~ " 1: " ~ " :; 11 ~ ~ , 5 ~ !j <3 ,;J30 :. TRUNK STORM SEWER FEE ANALYSIS CITY OF MONTICELLO, MN Table 10 -Storm Water Storage and Ponding Fee Calculations Industrial * Commercial * Total Ponding Cost Net Developable Acres ** $681,056 83:3 $588,431 84.1 . Ponding Fee per Acre $8,176 $6,997 .. Calculations bWied 011 a 100 acre site with Commercial, huJuslrial, Of' Residential land IlSe *.. l...'et developable acreage does not include pO/Ids, streets, or parks (10% of lalld assIlmed roads and park space) . Residential * $300,508 86.1 $3,490 d~\ Council Agenda: 12/12/05 . 16. Consider CalIine for Public Hearine and Authorizine Plans and Specifications for the 2006 Street Reconstruction Proeram (City of Monticello Project No. 2006-01 C) (WSB) A. REFERENCE AND BACKGROUND: City staff is seeking Council direction for the continuation of the Overall Street Reconstruction Program, which was implemented in 2003. The completion ofthe 2005 Street Reconstruction Project marks the third year of the program. The 2005 project completed approximately 1/3 of Area 3 in accordance with the Overall Program. The proposed reconstruction project is anticipated to be also within Area 3, but the extent ofthe project needs to be determined with staff input and Council direction. Two options have been preliminarily evaluated for the 2006 project. Option I would encompass approximately 3,500 lineal feet of streets including Otter Creek Road, Riverside Circle, Sandy Lane from Otter Creek Road to CSAH 75, and River Street from Otter Creek Road to approximately 600 feet east of Kenneth Lane. Each of these streets is consistent with the project in 2005 with street widening, new concrete curb and gutter, storm sewer, and street resurfacing. The exception in Option 1 is Riverside Circle, which is a cul-de-sac with existing concrete curb and gutter. Option 1 is based on the City's street fund balance approximating $750,000 and additional revenue created from proposed assessments assuming that the Council will assess 20% of the project cost. The $750,000 is based on a current balance in the street fund of $250,000 plus an additional $500,000 budgeted in 2006. . Option 2 proposes the completion of Area 3 in its entirety. This essentially includes all streets lying west of and including Otter Creek Road to the intersection of River Street and CSAH 75. The majority of the project area is similar to the 2005 project with street widening, new concrete curb and gutter, storm sewer, and street resurfacing. The project proposed as Option 2 includes five cul-de-sacs that have existing curb and gutter as well. The improvement in these areas is proposed to include spot curb repair, bituminous pavement reclamation, and street resurfacing. The implementation of Option 2 would provide a higher number of properties to be assessed, which would serve to equalize the assessment rate between the 2005 and 2006 areas. It also would require the City to bond for the work and pay on the bonds over a number of years rather than in a single year. At the December 12, 2005 City Council meeting, City staff will be seeking direction from the City Council on the overall size of the project and moving the project forward. The steps involved with moving the 2006 Street Reconstruction Project ahead include: . Authorization for staff to update the feasibility study for the determined project scope. . Call for the public hearing in accordance with Chapter 429 rules for assessed public improvements. . . Authorization of the plans and specifications to allow for an early bid opening and construction start. . Following the public hearing, should the Council decide to keep the project moving, the improvements would need to be ordered. F:\da""g'wordproc\20()J Cmmcil AgrmdalDec 11_05L/9CoreSlreeI2006..=pe.doc d~d . . . Council Agenda: 12/12/05 . Revise the overall street reconstruction report to address the revision to the assessment program. If the Council reaches consensus on the overall size of the project and is in favor of completing a reconstruction project in 2006, it may authorize the preparation of the plans and specifications to allow the project to bid in early spring to capitalize on a more competitive bidding climate. B. ALTERNATIVE ACTIONS: 1. Determine size and scope of the project for the 2006 Street Reconstruction Project, authorize staff to update the feasibility study for the determined 2006 project and set a date for the public hearing, and authorize the preparation of plans and specifications for the proj ecl. Provide a revised overall program that addresses the new assessment policy. 2. Determine size and scope of the project for the 2006 Street Reconstruction Project and authorize staff to update the feasibility study for the determined 2006 project and set a date for the public hearing. Provide a revised overall program that addresses the new assessment policy. " ~. Define a different scope and authorize an updated study. Provide a revised overall program that addresses the new assessment policy. 4. Table to an upcoming meeting. C, STAFF RECOMMENDATION: It is the recommendation of the City Administrator that the City Council agree on a preferred option for the improvement project, and request an updated feasibility study to be presented at Public Hearing on the date determined at the Council meeting. These steps are required in accordance with Chapter 429 requirements for assessed public improvements. If the Council is in agreement on constructing the project, it is recommended that the plans and specifications be authorized to achieve an early spring bid date to capitalize on potential cost savings resulting from an aggressive bidding environment. It is also important to revise the overall street reconstruction plan to incorporate the revised assessment policy. The program years will change with the new policy unless additional funds are allocated to make up for reduced assessment income. It will be important to have the Council review the proposed program and set goals that can be shared 'with the public that will be affected. D. SUPPORTING DATA: Technical Memorandum from WSB & Associates. Inc. d- -'3 J (-"f)"c""',U.,'_,-,,,,,/:i<'..;,,g,lcl',,,,...g""'--' ""e,L""',:S,'II;".'i,"I<""F"'..",'lnu"'.'ieil i,'s'.i!f.K3',.J(;."JJ:\{-!!:}U5J')(',',S(".'~'.."" . . . ... WSB & Associates, Inc. Technical Memorandum To: Honorable Mayor and City Council City of Monticello From: Bret A. Weiss, P.E., President Kevin B. Kawlewski, P.E., Senior Project Manager WSB & Associates, Inc. Date: December 8, 2005 Re: 2006 Street Reconstruction Project Proposed Project Scope City of Monticello Project No. 2006-01C WSB Project No. 1494-16 This technical memorandum has been submitted for your consideration to evaluate the continuation of the City of Monticello's Overall Street Reconstruction Program. The 2005 Street Reconstruction Project, which included approximately 1/3 of Area 3, was completed this fall and included street widening, new concrete curb and gutter, removal of roadside ditches, and the implementation of a formalized storm water collection and treatment system including the use of stormceptor structures for storm water treatment. The 2005 project included the reconstruction of River Street from Chestnut Street to Otter Creek Road, Oak Lane, Willow Street from CSAH 75 to Sandy Lane, and Sandy Lane from River Street to Otter Creek Road. This project also included the implementation of the downstream and discharge facilities for the storm sewer collection system on Sandy Lane and River Street to a point approximately 250 feet east of Kenneth Lane. The total cost of the 2005 Street Reconstruction project was approximately $875,800, excluding sanitary sewer and watermain replacement work. With a total of3,660 feet of streets reconstructed, the lineal foot cost for the project is approximately $239. This number serves as a basis for developing a proposed project scope for the 2006 Street Reconstruction Program. OPTION 1 The primary guidelines utilized for the development of the proposed project for the 2006 project was funding. The City currently has $750,000 in its street fund considering that there is $250,000 currently in the fund and the Council has proposed an additional $500,000 for 2006 in their budget. In addition to this, an additional 20% of the total project cost is anticipated to be recovered through assessment to benefiting properties. This amount is anticipated to be an additional $187,500, with a total package 01'$937,500. Sanitary sewer and watermain repairs within the project area are not factored into this cost as these items are typically funded through the City's trunk sewer and water funds. Using the total cost and lineal per foot cost established (' ,,,.,(,,'.,,,,,,,,',,_ "",.I s('III....~.,."i""',, """,."','g.'r',!."",,i S""'iJf,"J"I"i'''r"r.' !I;"...."., lei. 1',(!UJ,n.clf.',fV'.J{)../'mu.-i 2'I"",'_2(1i)~ ,I', ,...."..iI"c. ,;):)"1 Honorable Mayor and City Council December 8, 2005 Page 2 . as a result of the 2005 project, the funding available would provide for approximately 3,920 feet of street reconstruction in Area 3. The second factor is an evaluation of the storm sewer layout proposed for the entire Area 3. As stated in the preceding paragraphs, the storm sewer installed with the 2005 project is the downstream system for the local catchment area, which extends westerly past Otter Creek Road on Sandy Lane and River Street. The boundary on River Street for this catchment area is approximately 600 feet west of Kenneth Lane. Based on this fact and the available funding, the proposed Option 1 project for 2006 would include the reconstruction of: . Otter Creek Road . Sandy Lane (Otter Creek Road to CSAH 75) . Riverside Circle . River Street (Otter Creek Road to 600 feet east of Kenneth Lane) The streets listed previously represent approximately 3,400 lineal of street reconstruction. The reconstruction of River Street to Kenneth Lane would add approximately 600 feet bringing the total cost to approximately $956,000. Several factors need to be taken into account for the actual limits of the project. They are as follows: . . Riverside Circle currently has concrete curb and gutter and will essentially require street resurfacing, which will reduce the cost ofthat street. . The intersection of Otter Creek Road and CSAH 75 will need to be realigned to create a 90 degree intersection. It should be noted here that redevelopment is proposed in the northeast quadrant of this intersection, which would generate additional revenue through assessment for the reconfiguration of this intersection. . Widening of River Street over Otter Creek will require some modifications to the box culvert in that location, which will add cost. . There are 36 residential lots in the project area proposed as Option 1. In addition, there is a 20-aere parcel that comprises the cemetery along the north side of River Street. The 2005 project contained 61 assessable units including properties with multiple driveways, which allowed lot assessments to remain under $3,000 per lot. The fact that there are fewer parcels in this area in addition to the cemetery will require an evaluation of the assessment levels for this project area. OPTION 2 The second option available for the 2006 Street Reconstruction Program is the completion of the remainder of Area 3. This would include the following streets: . . Otter Creek Road . Sandy Lane (Otter Creek Road to CSAH 75) . Riverside Circle . River Street (Otter Creek Road to CSAH 75) . Kenneth Lane (cul-de-sac) d-~S (-. ,/JO(.''''''.'.... ."',! ,\"Uil'.,-,"/""''.'_vms.''''g,,Vou:l \,.,'1.',,1:,1/<","1'....'-'.'':'. I.':",."", Fifn',O/,.G',l F('II.\/!'_',\H!-h", -1 }1i.\{J.;_."Ii,lt, Scop".,r,,( Honorable Mayor and City Council December 8, 2005 Page 3 . . Craig Lane (cul-de-sac) . Oakview Circle (cul-de-sac) . Matthews Circle (cul-de-sac) . Hilltop Drive (cul-de-sac) . Hillcrest Road . Hillcrest Circle (cul-de-sac) The cul-de-sacs included in both options with the exception of Hilltop Drive as listed previously currently have concrete curb and gutter. The improvements on the cul-de-sacs would include spot repairs to the existing concrete curb and gutter, bituminous pavement reclamation, and resurfacing. The remaining streets as listed would include the grading of streets and ditches to accommodate a 28-foot-wide urban roadway section with concrete curb and gutter and storm sewer to replace the 24 to 26-foot-wide rural roadway sections that exist in this part of town. The existing bituminous pavement would be reclaimed to provide a reusable aggregate base and the streets would then be paved according to the City's standard pavement section for residential streets. . From the original feasibility report completed in 2005, the entire project cost for all of Area 3 was estimated to be approximately $3,990,000. The 2005 Street Reconstruction Project recently completed represented approximately 1/3 of the project cost. Backing the 2005 costs out from the total, the remaining balance to complete Option 2 is estimated at approximately $2,775,000. This total includes approximately $188,000 of sanitary sewer and watermain repair, which would be funded through the City's respective trunk funds. Assessment of20% of the improvement costs does limit the available funds to complete the remainder of Area 3. Completion of Option 2 would likely require a $2,000,000 contribution from the City. There are 161 parcels that have been identified for assessment application. The properties are a variety ofland uses including residential, commercial, city-owned property (cemetery), and county-owned property. The City park located along CSAH 75 is not included as an assessable parcel. Construction of the proposed Option 2 allows the City to spread costs and assessments over a larger number of properties and allows tighter control of the levels of assessments necessary to fund the project. The application of an assessment does allow the City to bond for the project costs over an extended period of time. This fact would allow the City to take on a bigger project and use future funds to be set aside to cover the bond repayment on an extended schedule. . It should be noted that both Options 1 and 2 are proposed to include either a 6-foot-wide concrete sidewalk or and 8-foot-wide bituminous trail along Otter Creek Road from CSAH 75 to River Street. This facility is also proposed to be constructed along the north side of River Street from Otter Creek Road to CSAH 75 on the west end of town. The costs discussed herein do include sidewalk or trail costs. The inclusion of either one would need to be considered by the Council as part of the feasibility report update for the 2006 project. ~ ~l,o (":',i!o'''''';'_'i!iJ/'''1,d.I''''''''FS':!'''''.'i."''',',fi',.",,II.,,,',,,I.I',"'I,:,',."_<':I'""I'.""'-"':',,},,,,,,''''''II-'II'',<i!U:3\rH'II.\{i~\{(!-J",',u'-!::081J-'-2!}(I";.\(:":_"'.d,,( . . . Honorable Mayor and City Council December 8, 2005 Page 4 Steps that would need to be taken to get the 2006 project moving would include: 1. Determination of project limits for 2006. 2. Update the feasibility study. 3. Call for the public hearing. 4. Council orders the improvements following the public hearing. 5. Authorize plans and specifications - it should be noted that plans and specifications can be authorized prior to the public hearing dependent on the project limits defined by the COlillCil. Prior authorization of this step will allow for an early spring bid, which would maximize the opportunity for lower bids. 6. Revise the overall street reconstruction program to incorporate the new assessment policy and establish a new program with the City Council. City staff and representatives from WSB & Associates, Inc. will be addressing the City Council at the December 12,2005 meeting to develop the actual scope and initiation of the project in accordance with the Council's direction relating to this program. If you have any questions or concerns regarding the information contained in this memorandum, please feel free to contact Bret Weiss or Kevin Kawlewski at 763-541-4800. Attachment kk/ srb ,)3-) " ',j)", 1.'!.''''H's OJ".' '","i,,",',..:""11 ~T","".'iw"n!J".."i .'i,.'''i'''.~.\'''i'''"i'''''''ln j.,:a.....o' !.U,:.,IOi..<:-"i /-J 'II.'./F',/(!_;,....cc.' i lU\') :(lOr. .li"IW',."" e' . . Overall Street Reconstruction Program _ REC0f5"I'WJCTItlH: VITH.:EXlSTINC Q..5..... Q.lRIi (RfY.Affi CUR'e'l- - IlECiIlIIS1RVC11Oll \1m! '~QJll9 1-- _ '" ADO '=1 ~JC1lON ~ D'$TlNc 0...5 (;.00 Q,MJJ) _, EOOO<Sl1l\JC11Oll j:Mn _ .. CL5) - 'Nt:W t-oN:S~ (COMPLETED 2Q05) I ~ ,j ......... ' I/~ o f3roposed 200,6 Option No. 1 Proposed 20,0,6 Option No. 2 ... WSB -.,. 2006 STREET RECONSTRUCTION PROGRAM MONTICELLO. MINNESOTA ;'Oll(~-""E! j .'-~'''(. -, : :-'~._, .. ~Rl,..rJ:ii);:T\ii<f ;;71C,;~F<t<:, =>J."'(""~ M''C:t4S4-1~rt:!-400 ft&.oZ '8:5;" ~ ~c""9~ ~ ' .;} ~ 15 . J.J. Council Agenda: 12/12/05 Consideration of authorizinl!: staff to oreoare ootions for relocation of Deoutv Rel!:istrar's Office. (RW) A. REFERENCE AND BACKGROUND: . . Previously Councilmembers Glen Posusta and Wayne Mayer were appointed to a subcommittee to investigate the feasibility of relocating the Deputy Registrar office to the Community Center building. Committee members have met with Community Center Director, Kitty Baltos and also City staff to look at various options and locations within the facility that could be converted for this use. Initial discussions centered on eliminating the child care location or converting half of that space to a potential Deputy Registrar office and also recently the idea of possibly remodeling part of the City Hall lobby and eliminating one of the conference rooms to create an office space was discussed. Other ideas discussed were the relocation of the Community Center offices which were recently created and using their office space along with the conference room for this purpose. This would require the relocation of the Community Center office staff to possibly an area above the child play area that would require the construction and modification of the building to create a mezzanine area for their office space. The Community Center Advisory Board recently met and discussed the relocation possibilities and it was their consensus that they did not feel the Community Center staff oflice area should be relocated too far away from the main concession counter. It was also their recommendation that any relocation of the Deputy Registrar operation to this building should not place the facility in the midst of any of their recreational areas by the gymnasium, swimming pool or climbing wall, and would rather see Deputy Registrar activities not intermixed with recreational activities. In order to analyze any of these remodeling activities, it is likely that the City will have to engage the services of an architect and a construction cost estimator in order to provide a better idca on feasibility and project costs. In addition to simply remodeling space in the Community Center, there are a number of options that the Council may want to consider before making a permanent decision including: . Building a new facility across the street from the Community Center next to Wells Fargo Bank. (Concept idea attached) . Consider evaluating costs of adding the second story to the City Hall building. (Planned for during initial construction) . Analyze feasibility of adding a small addition (lobby area) at the existing Deputy Registrar office. . Investigate feasibility of adding additional space to the library facility for a Deputy Registrar office. All of the above ideas would require some assistancc from architects or construction manager d ~ C\... . . . B. COlillcil Agenda: 12/12/05 in order to provide the Council with a feasibility cost estimate for each option. Even to simply investigate remodeling City Hall by taking the second conference room and part of the lobby will require authorization to hire someone to prepare a cost estimate. From the staff standpoint, losing one of our two conference rooms is not desired since one of the main things we were looking for when we moved from our old City Hall was the creation of two conference rooms due to the need of various meetings throughout the day. Ifwe take this space and use it for a Deputy Registrar office, meetings with developers and other city related businesses will become more difficult for staff in trying to find locations to meet without taking away other rooms that would normally be rented by the Community Center. If one of the other conference rooms is entirely dedicated for City use, there will be an effect on revenue for the Community Center in the long run. ALTERNATIVE ACTIONS: 1. Authorize the staff to hire a consultant to evaluate and provide cost estimates for the various options outlined above. 2. If the Council has a preferred option, authorization could be given to have a consultant prepare a cost estimate/feasibility report on the option selected. C. 3. Do nothing at this time. t{, a;~'f (oJ1"" fm.....a.l-~ STAFF RECOMMENDATION: Staff is at a point where additional direction from the Council will be needed in order to provide a more accurate cost estimate for any options being considered as possible Deputy Registrar relocation sites. When analyzing future space needs for city government in the upcoming years, it is the City Administrator's recommendation that all of the options be considered and evaluated before a permanent decision is made. Regardless of which option the Council wants to consider, staff is a standstill until direction is provided on what concepts to evaluate. D. SUPPORTING DATA: New building concept plans Community Center memo ;) \-\ (' ~r of {fcti//,. ; ~'~ ~,,~ . ~~~ ~C'& ce,~ 170 comm~ll\\" MEMO DATE: December 7, 2005 RE: Rick Wolfsteller Kitty Baltos V DMV Relocation TO: FROM: At our November 17, 2005 Community Center Advisory Board meeting, we discussed, at the request of the DMV Sub Committee, the possible relocation of the Department of Motor Vehicles to a location within the Community Center building. . The Board, through a consensus, felt that it would not be appropriate to relocate the DMV into the recreation side of the community center building. They also felt that it was important to keep the community center offices close to the Guest Service counter area. They expressed a concern about losing recreation area for our customers, and they also wanted to ensure easy accessibility between our management staff, our customers, and our general staff. . ::} \...l \ Monticello Community Center. 505 Walnut Street, Suite 4, Monticello, Minnesota 55362 . PHONE: 763-295-2954 . FAX: 763-295-7105 I! ii ~~ ~~ , ~ I 11 , ., "0 I ,- "'~ ~'" .. . " , l 8 ! , ~~f'!O:(J) l-~;;;"''i':u i"'''il!~5m ~<>i<-,.." - ~ I\/S":"-"t!-"- 0 ~f;1~~" a"i:~m ~!il~c;C1ll;i~ ~!i~~'l~ ~~~z !;I[;j:,<"'~~.J~~ ' i;~~ a~:i:~ i~~~~~ ~;:~nl~ ;:~~ ~~:i~:I~I~ ~ ~~~~ ~i~~i5 ~~~~~~ ~a~~--~ ~~~~ ~!~,":l~~~~ l'';','!},F ;;~'.~ffi :;~~!~ "'1~jl~8to1 ~01::>1l ~:[:l~~~'il~i:J g~~ i!il;~ ~~I~~:J ~~!~ ~~~~ ~ ~~~~~~~ ~J ~';;J,!<~ "~;M~ "~f ~ -<:)!;; ~~~:llz~lD .:>'~~ "a~~ b~d;(Il EOC: ^ i:l ill i:iiH~'j'~;;j ;: 1<...... "....00'" '" ~r: :lI '!i: "5~~- ~~~ ~~~~ a~~:: c:~~ ~ ~ ~ gZ~~M~ I" ,,~s ",eo ,C " ~o. 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