City Council Agenda Packet 09-10-2007
AGENDA
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday September 10, 2007 - 7 p.m.
Biosolids workshop meeting scheduled for 5:30 p.m. in Council Chambers.
Mayor: Clint Herbst
Council Members: Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski
1. Call to Order and Pledge of Allegiance
2A. Approve minutes of August 27, 2007 Regular Council Meeting.
2B. Approve minutes of August 27,2007 Special Council Meeting - Budget Workshop
3. Consideration of adding items to the agenda.
4. Citizen comments, petitions, requests and concerns.
5. Consent Agenda:
A. Consideration of ratifying hires and departures MCC, Liquor Store and Parks.
B. Consideration of approving plans and specifications and authorizing advertisement for
bids for Fallon Avenue Pathway Improvements, City Project No. 2007-12C.
C. Consideration of appointment of Tom Pawelk to position of Parks Superintendent.
D. Consideration of authorizing preparation of preliminary assessments rolls for:
a) 2007 Core Street Project, City Project No. 2007-OlC; b) Chelsea Road
Improvement, City Project No. 2006-31 C; c) Cedar Street and Dundas Road
Improvement, City Project No. 2006-02C.
E. REMOVED FROM AGENDA.
F. Consideration of authorization to remodel City Hall office partitions for two additional
cubicles.
G. Consideration of establishment of fee for reviewing off-street driveway or parking lot
construction permit.
H. Consideration of approval of contribution for Fire Department.
I. Consideration of a request for proposals for Fourth Street Park Parking Lot Mill and
Overlay Project.
Agenda
Monticello City Council
September 10, 2007
Page 2
J. Consideration of a request for preliminary plat approval and a variance for First
Minnesota Bank Commercial, a two lot subdivision in the CCD District. Applicant:
First Minnesota Bank.
6. Consideration of items removed from the consent agenda for discussion.
7. Public Hearing - Vacation of storm water ponding easement - Monticello Industrial Park.
8. Review ofbiosolids project status and consideration of action regarding same.
9. Consideration to review for discussion the resolution for outstanding conditions for the
preliminary plat and conditional use permit for Mills Addition/Mills Fleet Farm.
10. Consideration of approving payment of bills for September, 2007.
11. Adjourn.
Council Minutes: 8/27/07
MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday August 27,2007 -7 p.m.
Members Present:
Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie
Wojchouski.
Members Absent:
None
1. Call to Order and Pled2e of Alle2iance
Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The
Pledge of Allegiance was said.
2A. Approve minutes of AU2Ust 13. 2007 Re2ular Council Meetin2.
BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE AUGUST 13,2007
REGULAR COUNCIL MEETING. SUSIE WOJCHOUSKI SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
2B. Approve minutes of AUl!:ust 22. 2007 Special Council Meetinl!: Bud2et Workshop
SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE AUGUST 22,
2007 SPECIAL COUNCIL MEETING ON THE 2008 BUDGET. TOM PERRAULT
SECONDED THE MOTION. MOTION CARRIED WITH CLINT HERBST
ABSTAINING.
3. Consideration of addinl!: items to the al!:enda.
The following items were added to the agenda: I) Update on audio equipment; 2) Comments
on fiber optics; 3) Trees and/or berms at Taco John's; and 4) Update on noise ordinance.
4. Citizen comments. petitions. requests and concerns.
Randy Ruff 61 I Elm Street, spoke about the trailers remaining on his property. The Council
indicated they would hear his comments when the agenda item relating the Villas at Elm came
up.
5. Consent Al!:enda:
A. Consideration of ratifying hires and departures MCC, Liquor Store and Parks.
Recommendation: Ratif'y hires and departures as identified.
B. Consideration of approving temporary charitable gambling license for Ducks
Unlimited, Chapter 256 for October 16, 2007. Recommendation: Approve the
temporary charitable gambling license for Ducks Unlimited, Chapter 256 for October
16,2007.
C. Consideration of approving Change Order #2 for the Meadow Oaks CSAH 39 Lift Station
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and Forcemain Improvement Project No. 2003-02C. Recommendation: Approve Change
Order No.2 in the amount of$2,758.35 for Barbarossa and Sons, Inc. to provide soft start
bypass switches for the lift station control panels to allow City staff to run the lift stations
in an emergency operation, if the starters trip off.
D. Consideration to ratify EDA approval ofGMEF Loan No. 026 to Washburn Computer
Group. Recommendation: Ratify that the EDA approval ofGMEF Loan No. 026 for
Washburn Computer Group is consistent with the GMEF Guidelines and approving the
Business Subsidy Agreement.
E. Consideration ofrenewal of pawn shop license for Walt's Pawn Shop. Recommendation:
Approve the renewal of the pawn shop license for Walt's Pawn Shop for another month.
F. Consideration of approval of concept and development stage planned unit development for
Quad Development for a commercial plat in a B-4 District, Outlot A of Monticello
Business Center 3'd Addition (proposed Monticello Business Center 4th Addition).
Applicant: Scott Builders Recommendation: Approve the development stage planned
unit development and preliminary plat approval for Quad Development based on a finding
that the proposed use is consistent with the performance standards of the B-4 District,
subject to the conditions outlined as follows:
1) A sidewalk connection shall be provided to the School Boulevard sidewalk.
2) Additional plantings shall be provided in the center island.
3) The applicant shall extend the center island to the north to reduce the drive aisle
width in this area.
4) Additional aesthetic details shall be provided on the back fayade and roofline of
each building to add visual interest.
5) All wall mounted lighting shall contain a full cutoff fixture.
6) All trash enclosures shall be of similar materials and color to those of the principal
structures.
7) The applicant shall comply with all recommendations of the City Engineer, as
outlined in the memo from Bruce Westby dated July 31 st, 2007, and the memo from
WSB dated July 31, 2007.
G. Consideration of submitting joint funding resolution to LCCMR. Recommendation:
Adopt Resolution No. 2007-64 supporting a joint request by Wright County and the City of
Monticello for appropriation from the Environmental and Natural Resources Trust Fund to
acquire the YMCA property.
H. Consideration of awarding contract for Tower Drive Improvements, City Project No.
2007-08C. Recommendation: Award the contract for Tower Drive Improvements, City
Project No. 2007-08C to Doboszenski and Sons, Inc. in the amount of$108,773.60.
I. Consideration of scheduling a workshop for September 17, 2007 on the Public Works
Facility and Needs Study. Recommendation: Set a workshop for City Council and staff at
5:30 p.m. on September 17, 2007 to discuss the Public Works facility and Needs Study in
depth and look at options for the future.
J. Consideration of approval of a request for a conditional use permit for development stage
planned unit development for the proposed Villas on Elm. Applicant: UP Development.
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Recommendation: Move to extend the June 26,2006 Conditional Use Permit for
Development Stage Planned Unit Development and Preliminary Plat for Villas on Elm to
June 26, 2008 with all previously approved conditions assigned to the extension, and that
condition that the applicant reimburse the City for expenses incurred in the review ofthe
application to date and submission of a deposit to cover future review expenses associated
with the review of revised preliminary plat and PUD plans.
K. Consideration of scheduling a workshop for September 10,2007 at 5:30 to consider
biosolids options. Recommendation: Schedule a workshop for 5:30 p.m. on September
10,2007 prior to the Council meeting for the purpose of updating and discussing the
wastewater treatment plant operations, the biosolids project, status of our NPDES permit
and the status of Sunny Fresh Food's proposal to build a treatment facility at their current
site.
L. Consideration of adding a 16' x 16' open air shelter at West Bridge Park.
Recommendation: Approve the purchase and installation ofthe 16' x 16' open air shelter
for West Bridge Park from Flanagan sales in the amount of$12,138.87.
M. Consideration of request by American Legion for number and placement of off-site
directional signs. Recommendation: Approve the request from the American Legion for
the placement ofthree signs, 18" x 24", green on white to be installed by the City and paid
for by the applicant.
BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA OF ITEMS #5A, #5B,
#5C, #5D, #5E AND #5K. WAYNE MAYER SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
6. Consideration of items removed from the consent al!:enda for discussion.
#5F Extension of preliminary plat and conditional use permit for development stage planned
unit development for Quad Development: Wayne Mayer questioned the site location and it was
noted that it should be east ofWal-Mart and west of Autumn Ridge Townhomes. It was also
questioned what recommendation the Planning Commission approved. Steve Grittman explained
the Planning Commission had approved the original proposal.
Brian Stumpf expressed some concern about the parking lot combination particularly as to why
the third building had parking behind the building instead of in front of the building. The
applicant had looked at other options as far as parking but this option best suited the parcel. Brian
Stumpf apologized for his remark at the Planning Commission meeting that the parking lot was
hideous looking.
WAYNE MAYER MOVED TO APPROVE THE DEVELOPMENT STAGE PLANNED UNIT
DEVELOPMENT APPROVAL AND PRELIMNARY PLAT APPROVAL FOR FIVE
MULTI-TENANT OFFICE BUILDINGS FOR THE PROPOSED MONTICELLO BUSINESS
CENTER 4TH ADDITION BASED ON A FINDING THAT THE PROPOSED USE IS
CONSISTENT WITH PERFORMANCE STANDARDS OF THE B-4 DISTRICT AND
SUBJECT TO THE FOLLOWING CONDITIONS:
1) A sidewalk connection shall be provided to the School Boulevard sidewalk.
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2) Additional plantings shall be provided in the center island.
3) The applicant shall extend the center island to the north to reduce the drive aisle width in
this area.
4) Additional aesthetic details shall be provided on the back fayade and roofline of each
building to add visual interest.
5) All wall mounted lighting shall contain a full cutoff fixture.
6) All trash enclosures shall be of similar materials and color to those of the principal
structures.
7) The applicant shall comply with all recommendations of the City Engineer, as outlined in the
memo from Bruce Westby dated July 31 't, 2007, and the memo from WSB dated July 31, 2007.
TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
5G Submittingjointfunding resolution to LCCMRfor YMCA acquisition: Jeff O'Neill
provided background information indicating that the LCCMR makes appropriations for
environmental concerns and projects. Marc Mattice, Wright County Parks Superintendent felt
there was a chance with a joint resolution of the City and County that they might get an
appropriation for the YMCA acquisition. At this time the action is preliminary and the City is not
obligated to pay for their 1/3 share of the cost. This action would be simultaneous with the request
to have the YMCA acquisition included in the state bonding bill. Brian Stumpf asked if the state
by making an appropriation for the acquisition of the YMCA could claim any ownership of the
property. Brian Stumpf also asked about the money the City had been budgeting for the YMCA.
Staff indicated that the armual amount the City contributed to the YMCA was for their programs.
BRIAN STUMPF MOVED TO ADOPT RESOLUTION NO. 2007-64 SUPPORTING A JOINT
REQUEST BY WRIGHT COUNTY AND THE CITY OF MONTICELLO FOR
APPROPRIATION FROM THE ENVIRONMENT AND NATURAL RESOURCES TRUST
FUND TO ACQUIRE THE YMCA PROPERTY. WAYNE MAYER SECONDED THE
MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION
BECAUSE HE DID NOT FEEL THE CITY NEED TO ACQUIRE ADDITIONAL PARK
LAND.
#5H Award of contract for Tower Drive Improvements, Project No. 2007-08: Wayne Mayer
asked when the project takes place would it be the appropriate time for street signage to take place.
He felt the street should be signed either as Tower Drive or Holy Spirit Drive but the signing
should be consistent. Bruce Westby said the actual street name is Tower Drive but the Council
felt that previous action had been taken to change the name to Holy Spirit Drive. Staff will check
into that.
WAYNE MAYER MOVED TO AWARD THE CONTRACT FOR THE TOWER DRNE
IMPROVEMENTS, CITY PROJECT NO.2007-08C TO DOBOSZENSKI AND SONS, INC. IN
THE AMOUNT OF $108,773.60 WITH THE CITY ENGINEER TO FOLLOW UP ON
DETERMINING THE OFFICIAL NAME OF THE STREET. SUSIE WOJCHOUSKI
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
#51 Workshop on Public Works Facility and Needs Study: Both Wayne Mayer and Brian
Stumpf had conflicts with the proposed September 17, 2007 date. Clint Herbst questioned the
amount of time that the meeting would take and was told it would be at least an hour and a half.
Clint Herbst suggested scheduling the meeting at 5 p.m. on September 24,2007. The special
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meeting would cover both the Public Works Facility and Needs Study and the EDNHRA merger.
WAYNE MAYER MOVED TO SET A SPECIAL MEETING FOR THE PUBLIC WORKS
FACILITY AND NEEDS STUDY FOR 5 P.M. ON MONDAY, SEPTEMBER 24,2007. BRIAN
STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
#5J Extension of a conditional use permit for development stage planned unit development and
preliminary plat for Villas on Elm: Randy Ruff spoke regarding the two trailers containing his
personal property that still remain on the site. He did not feel they should be moved from the
property at this time. The trailers are secured and he assured the Council they would be moved
whenever the property transfer is completed. Clint Herbst asked what kind of time frame he
expected it would be before the trailers are moved stating he was reluctant to grant an extension
without knowing the time frame for the trailers being moved. Building Official Gary Anderson
stated it was an issue between Randy Ruff and the developer. The issue has to do with financial
obligations between the two parties and had nothing to do with the City. Randy Ruff took it upon
himself to get the area cleaned up with no assistance from the developer. Only the two trailers
remain. Gary Anderson reported the property has been mowed and maintained by Mr. Ruff. Gary
Anderson felt the developer should inform the Council what his intentions are as far as
development. Clint Herbst asked if there was a palatable way of arranging the trailers on site.
Gary Anderson said that is at the Council's discretion. Gary Anderson said the trailers are Ron
Ruffs personal property and they are going when he goes. Brian Stumpf said at the Planning
Commission meeting it was brought up that there are limited places in the City where trailers
could be parked. Wayne Mayer asked if there was a more inconspicuous spot that would still
allow Mr. Ruff to take advantage of the light. Clint Herbst didn't know ifhe had a problem with
trailers staying because the property is in a transition period but he is somewhat concerned about
what the City is allowing. Wayne Mayer said as much as the Council can sympathize with Randy
Ruff the City does have an ordinance in place. Wayne Mayer asked the City Attorney if the
Council could vary from the ordinance. Tom Scott said the Council has the discretion to defer the
enforcement of the ordinance in this particular case. Brian Stumpf felt since the property was in
the PZM zone there was some latitude. The conditional use permit is proposed to be extended
through June 26, 2008.
At this time Tom Rollings the developer came forward. He indicated that nothing is happening
with the development at this point. He is still planning to start this fall or next spring by the latest.
Tom Rollings felt the market is turning around and he expects he will have the development ready
to go in the spring. Wayne Mayer asked if the project would begin this fall would it expedite the
moving of the trailers. Randy Ruff felt he would be down here at least another year.
SUSIE WOJCHOUSKI MOVED TO EXTEND THE JUNE 26, 2006 CONDITIONAL USE
PERMIT FOR DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT AND
PRELIMINARY PLAT FOR VILLAS ON ELM WITH ALL PREVIOUSLY APPROVED
CONDITIONS ASSIGNED TO THE EXTENSION AND TO APPROVE THE CONDITION
THAT THE APPLICANT REIMBURSE THE CITY FOR EXPENSES INCURRED IN THE
REVIEW OF THE APPLICATION TO DATE AND SUBMISSION OF A DEPOSIT TO
COVER FUTURE REVIEW EXPENSES ASSOCIATED WITH THE REVIEW OF THE
REVISED PRELIMINARY PLAT AND PLANNED UNIT DEVELOPMENT PLANS; FOR
THE TERM OF THE EXTENSION OF THE CONDITIONAL USE THE COUNCIL DEFERS
ANY ENFORCEMENT OR PROSECUTION RELATING TO THE PRESENCE OF THE
TRAILERS ON THE SITE. WAYNE MAYER SECONDED THE MOTION. MOTION
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CARRIED UNANIMOUSLY.
#5L Approve purchase of shelter for West Bridge Park: Interim Park Superintendent, Tom
Pawelk explained the request for a park shelter at West Bridge Park noting that the area of the play
structure is out in the open. The shelter would provide some respite from the sun for the parents
who are watching their children. $10,000 was budgeted for this shelter. Wayne Mayer felt the
price of$12,138 was high for a 16' x 16' shelter. He suggested that the Park Department look at a
shelter of different material such as wood. Tom Pawelk said they could price out this type of
structure using wood. Clint Herbst agreed stating that with the staff in the Park Department he felt
staff could design and build the shelter for less. It was noted the $12,138 included installation of
the building with the Parks Department putting in the concrete slab. The Council felt staff should
go back and see what they could design a shelter for. Tom Pawelk asked about the maintenance
free aspect of the proposed shelter which is why staff selected it. Wayne Mayer responded that the
periodic painting of the shelter is something that could be done by summer help. Clint Herbst also
suggested that a shelter should be considered for the Groveland Park. Tom Pawelk indicated that
the shelter for Groveland is in the 2008 budget. Tom Pawelk will check for cheaper alternatives
on the shelter. Tom Perrault pointed out that the price quote for the shelter was good until
September 12, 2007 and suggested that the alternatives come back to the Council at the September
10, 2007 regular meeting.
TOM PERRAULT MOVED TO TABLE APPROVAL OF THE OPEN AIR SHELTER AT
WEST BRIDGE PARK UNTIL SEPTEMBER 10, 2007 GIVING STAFF TIME TO LOOK AT
LESS EXPENSIVE ALTERNATIVES. SUSIE WOJCHOUSKI SECONDED THE MOTION.
MOTION CARRIED WITH WAYNE MAYER VOTING IN OPPOSITION.
#5M Request by American Legion for number and placement of off-site directional signs: The
American Legion was requesting approval of three off-site directional signs. Brian Stumpf asked
if the three signs were going to be in addition the two signs that are in place. John Simola
indicated that those signs were approved by the County and were placed in County right-of-way.
It was questioned why the signs were not consistent. The signs presently in place are blue and
white and the request for signs through the City are green and white. John Simola stated the
county and state specify blue and white for the directional signs and the City's ordinance is green
and white. Brian Stumpf clarified that he meant consistency only for the Legion signs. Wayne
Mayer asked if the county furnished the signs or did the Legion pay for them. Art Doran stated
the Legion paid for the signs. Wayne Mayer felt in this case because the Legion had already paid
for the signs the City should go with the blue and white signs for the Legion as well.
BRIAN STUMPF MOVED TO APPROVE THE REQUEST FROM THE AMERICAN LEGION
FOR THE PLACEMENT OF A TOTAL OF THREE SIGNS AT THE FOLLOWING
LOCATIONS: TWO SIGNS AT THE INTERSECTION OF 3RD STREET AND TH 25 AND
THE THIRD SIGN TO BE PLACED AT THE INTERSECTION OF WEST 6TH STREET AND
ELM STREET AND THAT THE CITY SIGNS BE CONSISTENT IN COLOR WITH THE
COUNTY SIGNS. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
7. Department Report - Sheriff's Department
Joe Hagerty and Dan Anselment from the Wright County Sheriffs Department reported to the
Council on Sheriff Department activities in the City. Joe Hagerty noted that the Council had for
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2007 approved an additional 8 hours a day to the police contract to commence in July of2007.
Apparently this information was not relayed to the County Coordinator so although the City was
not billed for the additional 8 hours daily the City did not receive the service either. Joe Hagerty
noted that the Sheriff s Department could not staff the extra car needed to provide the additional
hours until January 1, 2008. The additional 8 hours could start in January or July of2008
whichever the Council prefers. This would bring Monticello's coverage up to 56 hours a day
resulting in a contract cost over $1,000,000 for 2008. ($54/hour x 56 hours x 365).
Dan Anselment reviewed the information from the last quarterly police activity report which had
been distributed to the Council. The Sheriff s Department is seeing more identity theft crimes,
fraud and check forgeries and he indicated that these types of crime are more time consuming to
investigate. He noted that there have been more service type calls such as alarms or suspicious
activity which means more people are calling in with concerns about things that they see going on.
Traffic is still the most common complaint in the city and people want to see more enforcement.
Clint Herbst asked if the Sheriff's Department could provide information on where they felt the
new speed trailer the City purchased could be placed. Dan Anselment said they would let the
Public Works Department know about the hot traffic spots so they could put up the speed trailer.
Dan Anselment indicated that crimes such as larceny and theft were 50% higher than last year. He
noted that breaking into cars has become a problern and they would really like the help of the
public in this area. The department has sent out a letter that gives some tips that individuals can
use to discourage thieves from breaking into vehicles. This problem is not unique to Monticello
but is happening county wide. Property damage is another crime that continues to increase as
well. As far as narcotics, marijuana seems to be the drug of choice but there is methamphetamine
and cocaine use as well. Most of the drug arrests are a result of traffic stops. Clint Herbst asked
about the noise ordinance and complaints about the loud stereos on cars. Dan Anselment stated
this was not a quality oflife issue but they do use the ordinance as a tool.
8. Consideration of approval of amendment to Chapter 3 of the Monticello Zoninl!: Ordinance
rel!:ulatinl!: the heil!:ht and area of sims in a freeway overlay zone within a commercial
district.
Consulting planner, Steve Grittman provided background information. The Planning Commission
reviewed this amendment on the size of signs in the ordinance provisions relating to the freeway
district. On Exhibit B the red area shows the boundary of the existing freeway bonus district.
The proposed amendment consisted of a number of areas proposed to be added; the orange area
along TH 25 to the intersection of Chelsea Road; an area east of Cedar Street between Chelsea
Road and Dundas Road; the area between Marvin Road and Cedar Street south of Chelsea Road
and the area west of Marvin Road to 90th Street. The Planning Commission approved the
expanded boundaries with the exception of the area lying west of Marvin Road and east of 90th
Street. The Planning Commission did not recommend any changes to the current sign area of up
to 200 square feet or the sign height of 32 feet. The reason the Planning Commission gave for not
expanding the boundaries to include the area between Marvin Road and 90th Street is because it
abutted a residential development. Community Development staff prepared a power point
presentation providing examples of existing signs in Monticello and signs from others
communities such as Maple Grove, Rogers and St. Cloud.
There was some discussion on the proposed expansion areas. Steve Grittrnan stated the current
sign ordinance regulates sign height and area based on location. The bonus district allows an
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increase up to 200 square feet in area and 32' in height. There was some discussion and
clarification on what was meant by the boundaries shown as Exhibit A and Exhibit B. Wayne
Mayer asked why south Chelsea Road between Edmonson and 90th Street was allowed in this area.
Steve Grittman replied it was included because it was in the industrial area. Wayne Mayer also
questioned why the area extended down so far along TH 25. Steve Grittman said the Planning
Commission felt the area was influenced by the freeway.
Brian Stumpf voiced his frustration with the sign ordinance and all the amendments to it. He
questioned why the City could not specify a specific height and area that is the same for all the
developers to work with. Susie W ojchouski felt even though signs are necessary it is a question of
blight of signs. She felt that businesses are moving away from newspaper advertising and going
more towards signs. She felt Maple Grove was a destination area and didn't need to rely as
heavily on the signs to bring people in whereas Monticello is a place people stop because they see
a sign on the freeway. Community Development staff noted that the comprehensive plan update
will be coming back before the Council and may be the sign amendment should be tabled until
that time. Brian Stumpf felt tabling the item seemed logical. He noted this Council's view could
be highly different than the Council that is here six years from now. Wayne Mayer said he would
prefer the Council to make a decision on the item now rather than rehashing it again.
WAYNE MAYER MOVED TO APPROVE THE AMENDMENT TO SECTION 3-9[B]4( e) OF
THE ZONING ORDINANCE BUT NOT AS PROPOSED IN EXHBIT A BUT WITH OPTION
A AND OPTION B OF EXHIBIT B WITH NO CHANGE TO SIGN AREA OR HEIGHT.
BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH SUSIE
WOJCHOUSKI VOTING IN OPPOSITION.
9. Consideration of acceptinl!: report on establishinl! storm sewer utilitv fund.
Bruce Westby spoke regarding the development of the storm sewer utility fund. The report was
prepared by WSB at the request of city staff. The storm sewer utility fund is a means of
recovering costs for storm sewer maintenance and improvements. To date these costs have been
covered by the general fund. Funds generated by a storm sewer utility fee could be used for future
storm sewer maintenance.
Bruce Westby briefly reviewed the report noting state statute allows for establishing a storm sewer
utility fund and allows the city to collect these fees. The rates can be adjusted on an annual basis.
Neighboring communities of St. Michael, Albertville and Buffalo already have established a storm
sewer utility fund. The storm water utility fee would be based on the percentage of impervious
area or the amount of storm water runoff generated by a site. Based on a proposed fee of
$7/quarter this fund would generate $600,000 of revenue a year. The estimated current costs are
$295,000 and $300,000 is for related future items. The $600,000 would cover current and future
maintenance.
It was found that cities were not doing storm water maintenance because of lack of funding. Clint
Herbst asked instead oflobbying the legislature to establish this funding source, why didn't cities
levy for it. Bret Weiss said that funds set aside for maintenance often ended up being used by the
city for other items. With this fee the cities are collecting the money from the people who
generate the storm water runoff. This also allows collection from churches and other institutions
that are tax exempt because it is a utility fee rather than a tax. Clint Herbst felt the City was
overburdening the property owner with all these charges. He felt that earmarking a portion of the
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levy each year is what the City should do rather than add it as another utility fee.
Susie Wojchouski noted that business owners and developer will view this as an added burden
because they already paid storm sewer trunk charges. Bret Weiss said this a maintenance fee and
storm sewer trunk charges are for improvements such as ponding and piping. Bret Weiss said is
important for the Council to recognize that something has to be done. Bret Weiss added there are
things the property owner can do on their site to minimize runoff. He noted there is also an
appeals process outlined in the feasibility report. Because some companies in the industrial park
will feel like they are being charged twice, Wayne Mayer wanted to clarify that future
development will pay trunk fees and storm water maintenance fees. Wayne Mayer asked ifthe
proposed storm water utility fees are too aggressive. Bret Weis responded that the City could
start out with a lower rate. Brian Stumpf said he realizes this is part of the cost of doing business
but adding this as a quarterly fee was not something he could vote for especially in these economic
times. Brian Stumpf agreed if it had to be done, the City should add it onto the levy. Bruce
Westby said the $7/quarter is based on what costs the City had now and for future regulations that
will be coming down the pipe. The City could establish storm water utility fee with a lower
initial rate of around $4/quarter. Susie Wojchouski said she didn't know if people would object if
the rate started out lower and remained at that rate a couple of years before being increased.
Wayne Mayer said he didn't know if basing the fee on acreage was the best. Tom Perrault
questioned in the report the expense for the street sweeping program. He also questioned the cost
listed in Appendix A for establishing a wetland bank. Bret Weiss stated that when wetlands are
filled in, they have to be replaced at a 2 to I ratio. The City can establish an area that could be
used for wetland or storm water runoff. Then if the City needs to they can take the wetland out of
that area rather that construct the wetland on site. As far as street sweeping that is a current cost.
Bret Weiss indicated the storm water utility fee is a contentious issue but is the way communities
are going. He pointed out that this fee is different than the trunk fee since it is only for
maintenance. John Simola said the City either has to add funds to the budget for the maintenance
of existing facilities or establish the storm water utility fund. He didn't want the City to fall
behind on the maintenance of their facilities. Jeff O'Neill pointed out that the City has been trying
to get away from using the property tax to fund all the programs. Wayne Mayer asked if the City
implements the storm water utility fee could they apply this to newly developed property and
grandfather in those who have already paid. Of the two fees, storm sewer trunk fee and storm
water utility fee, Bret Weiss felt the trunk fee is more essential. Most of the trunk fees are
earmarked for pond construction or other storm sewer improvements.
The City needs to figure out the best way to present this to the public. Bret Weiss felt if people
could see how this is implemented they would be more accepting of it. Otherwise the only option
was to do it through the budget process. Susie Wojchouski suggested tabling this until they could
get a committee together to work on it. Tom Perrault felt the fee could be unfair because not all
lots are the same in size. Bret Weiss suggested researching how other cities handled it.
SUSIE WOJCHOUSKI MOVED TO NOT AUTHORIZE THE PREPARATION OF A STORM
WATER UTILITY AT THIS TIME BUT TO ESTABLISH A WORKSHOP DATE TO STUDY
THIS.
Clint Herbst suggested staff sit down with some of the users and get their input. They can run the
numbers again using a less aggressive rate.
9
Council Minutes: 8/27/07
SUSIE WOJCHOUSKI WITHDREW HER MOTION AND MOVED TO HAVE STAFF MEET
WITH USERS AND OWNERS AND RUN THE NUMBERS AGAIN AT A LESS
AGGRESSNE RATE. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
Brian Stumpf would like to see the billing based on the $295,000 of current actual costs.
10. Consideration of approval of a reauest to amend the Monticello Zonin!!: Ordinance Chapters
3-2 and 3-5 as relatin!!: to the exterior stora!!:e and parkin!!: of vehicles in a residential district.
Brian Stumpf asked why the ordinance can't state it is wrong to park cars in the side or rear
yard without having to go through IS pages of ordinance amendments. Steve Grittman said
because the parking ordinance is complex, one change can impact other areas. Steve
Grittman reviewed through pictures some of the problems that the proposed ordinance
amendment would correct.
Initially the Planning Commission looked at front yard parking but other issues came up. The
issue is where on the property cars should be parked. The first item to be addressed is the
current IS' setback from any street surface. Brian Stumpf felt if someone is parking in their
driveway why should that affect snow removal. Brian Stumpf also asked what was meant by
#4 in the agenda item that boulevard right-of-way should not be used for street parking. Clint
Herbst agreed with the removal of the 15' setback saying unless the vehicle is blocking a
pathway or sidewalk there is no reason to have a 15' setback. The current ordinance has the
15' setback which Brian Stumpf noted had not been enforced until this year. Steve Grittman
says the vehicle has to be on private property. Bret Weiss pointed out that right-of- way can
extend 13'-14' behind the curb. Brian Stumpf reiterated his concern about not being able to
park in one's own driveway. John Simola said if the vehicle is parked too close to the curb
there could be problems with snowplow operation or damage to the vehicle caused by the
snow coming off the plow. Street Superintendent Tom Moores was asked his opinion. Tom
Moores felt there should be a minimum of 2-3 feet behind the curb although he would prefer
5-6 feet. He stated the boulevard ordinance does not allow anything but driveways to be
placed in the right-of-way. However a lot of property owners do have landscaping vegetation
and rocks placed in the right of way.
Clint Herbst felt this was making a mountain out of a molehill. Tom Moores said it was a
problem but not a huge problem. Wayne Mayer stated he hates to amend ordinances just
because of a few people. Clint Herbst felt parking in back yards was okay as long as it was on
a paved surface. Brian Stumpf said if you don't allow rear yard parking the issue of having a
paved surface would be resolved. Steve Grittman noted the other items they are looking at
are: 1) In front of building line no parking allowed except in driveway; 2) allow for side yard
parking where it is screened from the side street; 3) require that all installed driveways get a
permit. Staff is proposing to do an inventory of driveways that are too wide or otherwise do
not comply. Wayne Mayer asked about recreational vehicles posing the question if there is a
trailer with 3-4 snowmobiles on it is that one vehicle or are the vehicles counted individually.
Steve Grittman indicated it would be one vehicle. Wayne Mayer felt the ordinance language
should state it that way. Bret Weiss said on the street reconstruction projects that the City is
putting driveways back to what was there originally and not what the ordinance requires.
Tom Perrault questioned whether every driveway has to be paved. Steve Grittman said
existing gravel driveways would be grandfathered in. Clint Herbst stated the ordinance should
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Council Minutes: 8/27/07
allow off-street parking within any street surface as long as it does not block the sidewalk or
pathway.
Gary Anderson said the intent of the amendment is to help in enforcement of blight. There
are areas of non-conformance and in time these area will come into conformance. Taking
away the 15' setback should eliminate some of the enforcement problems. One can look at
parking areas outside the basic 24' surfaced driveway. Landscape rock or other material
could be use in areas of alternative parking as long as the alternate parking site is not a grass
surface. Wayne Mayer said rather than list all the types of surfaces that could be used, could
the City just have the Building Department approve the type of surface. Gary Anderson said
the surfacing type should be referred to the City Engineer rather than the Building
Department. Tom Scott, legal counsel, felt the ordinance should list the types of surfaces that
would be allowed. The City Engineer could periodically review the ordinance to include any
new type of surfacing material that may be added to the types allowed. Brian Stumpf asked
why it has to be screened on a corner lot. Steve Grittman felt there would not be aesthetic
problems if screening is done. Brian Stumpf would like to see the screening provision pulled
out of the amendment.
CLINT HERBST MOVED TO AMEND THE ORDINANCE TO ALLOW PARKING
WITHIN 15 FEET OF THE STREET SURFACE AND WITHIN THE BOULEVARD AS
LONG AS IT DOES NOT OBSTRUCT ANY SIDEWALK OR P A THW A Y. WAYNE
MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
lOb - Storage of Vehicles in rear yards: The Council felt screening part should be removed
and if this does not work out the City can go back and amend the ordinance later on to include
it. Wayne Mayer would like to see the language in Section 1 of the proposed ordinance
amendment read "recreational vehicle or trailer. Under Section #2 Council should direct City
Engineer to review on an annual basis the section relating to surfacing material.
WAYNE MAYER MOVED TO APPROVE THE AMENDMENT WITH THE LANGUAGE
ON SCREENING FOR SIDE YARD PARKING BEING REMOVED FROM THE
PROPOSED ORDINANCE AMENDMENT; WITH THE CITY ENGINEER TO REVIEW
SECTION 2 OF THE PROPOSED ORDINANCE ON AN ANNUAL BASIS TO UPDATE
ANY NEW ALLOWABLE PAVING SURFACES AND ADD "RECREATIONAL
VEHICLE OR TRAILER" TO THE LANGUAGE IN SECTION 1. SUSIE WOJCHOUSKI
SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN
OPPOSITION.
Added Items:
Taco John's: Clint Herbst asked if there were berming and landscaping requirements in the area of
the drive-thru. Staff indicated there were no berming requirements but there were landscaping
requirements along the line between the business and residential property
Noise: This item was discussed in the Sheriff's Department report.
Audio Equipment: Wayne Mayer was looking for an update on the equipment that was supposedly
removed from the facility. Jeff O'Neill said he would talk to Bill Bruce about this. Clint Herbst felt
Council Minutes: 8/27/07
since people are relying more on technology such as cable and internet and are doing less reading, it
is important that the City's meeting are of a quality that can be heard and seen by people watching it.
Fiber Optics: Wayne Mayer noted it would be fantastic for the City to launch their own public
network. Wayne Mayer said he wanted to dispel some information that is showing up in letters to the
editor which is that city taxes will go up if fiber optics goes in. Wayne Mayer said there will be no
increase in taxes if Monticello's fiber optic system is built. He felt the comment that the fiber optics
commission is not being forthright in getting information to the public was not accurate. Wayne
Mayer said people on the commission are more educated than those who are writing letters to the
editor. He encouraged people to vote on this issue on September 18th.
11. Consideration of approvine payment of bills for Aueust. 2007.
Wayne Mayer asked ifhe and Susie Wojchouski could get a list of chart of accounts. He also
asked about the Cub Food purchase in the liquor store items. It was noted that liquor store
does purchase certain items from Cub and the item was correctly coded. Tom Perrault noted
that an expenditure for the Fire Department open house had incorrectly been coded to the
Council.
TOM PERRAULT MOVED TO APPROVE PAYMENT OF THE BILLS. SUSIE
WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
12. Adiourn.
The meeting was adjourned at 10: 10 p.m.
Recording Secretary
12
Special Meeting Council Minutes:8/27/07
MINUTES
SPECIAL MEETING - MONTICELLO CITY COUNCIL
BUDGET WORKSHOP
Monday August 27, 2007 - 5 p.m.
Members Present:
Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie
Wojchouski.
Members Absent:
None
1. CaU to Order.
Mayor Herbst called the meeting to order at 5 p.m. Jeff O'Neill provided some background
information on the budget process. Input provided by the Council on the tax levy and budget
at this meeting will be incorporated into the final budget and tax levy.
The comments and recommendations made by Mark Ruff from Ehlers and Associates at the
August 22, 2007 workshop were reviewed. The policies Mark Ruff proposed included:
I) Operate under a balanced budget and do not use cash reserves to fund operating costs;
2) Sewer and water reserves are to be used for the cost of operating those funds and not
general fund expenditures; 3) Debt should be used for larger expenditures with no more than
20% of the tax levy going for debt service; and 4) Use cash for small capital expenditures.
Currently the City has approximately 17 different funds. Policies should be set up on how
these funds are used and what expenditures they can be used for. In reviewing the
information submitted at the previous budget workshop it was pointed out that the EDA, HRA
and Fire Department budgets had inadvertently been omitted from the preliminary budget.
Rick Wolfsteller stated the biggest thing that stands out is this tax levy would increase by
$1,900,000 over the 2007 levy. The preliminary budget was derived from the budgets
submitted by the departments. Rick W olfsteller reviewed some reasons why the levy was so
much higher. These included: I) Use of reserves to fund debt levy which is something
financial consultant Mark Ruff did not recommend the City do on a frequent basis. 2) Use of
the electric service franchise fee, which was not collected until July, to subsidize the general
fund. This year the revenue from the franchise fee will be kept separate and use only for
lighting related expenditures. 3) Reserves were used to balance the 2007 budget. 4) Decline in
the number of building permits issued which means approximately $300,000 less in revenue.
These four items account for most the almost $2,000,000 levy increase.
Rick Wolfsteller thought there should be an increase in the tax levy and the budget should not
be funded the way it was last year. Rick Wolfsteller said the City could increase the budget
by $400,000 to $6,900,000 without the taxpayers seeing a change in their city tax. Even with
the 20% reduction in Xce!'s valuation that will occur in 2008, the City will end up with a net
increase in valuation of6%. Clint Herbst didn't feel the levy increase should be as high as
$2,000,000. Rick Wolfsteller added that excess revenues in bond funds and construction
funds have been used to cover projects that are currently being done.
I
Special Meeting Council Minutes:8/27/07
The tax capacity rate was 51 % in 2006; went down to 42% in 2007 and in 2008 with a
$2,000,000 levy increase would go back up to 51 %. Clint Herbst asked if sewer and water
rates were increased. Rates were increased 15% last year and a 15% increase is included in
the budget for this year. The rate increases do not affect the levy because they are user fees.
A 15% increase in utility rates would generate a little over $200,000 in revenue. Rick
Wolfsteller said the budgets submitted by the various departments were 5.6%-5.8% over last
year. He noted that the drop in building permit fees didn't necessarily relate to a drop in
building department expenses. However, a drop in building permits does mean a drop in
sewer and water connection fees and trunk fees which are used to fund future debt payments.
Jeff O'Neill brought up a list of capital improvement projects that were listed but not funded
in the 2008 budget. He felt the City needs to put together a financial management plan. The
question boils down to what is the Council's tolerance level for a levy increase. Wayne
Mayer asked about the reserve policies and wondered if the City had any catastrophic reserves
in case of a natural disaster. Wayne Mayer noted in 2002 the tax capacity rate was 60.27 and
has declined every year to its low in 2006 of 42.603. He felt when setting the budget the City
should look at using a base of at least 51 % of the tax capacity value. Clint Herbst felt the City
should not trY to pick up all of the $2,000,000 increase in one year. Rick Wolfsteller said
when the City has growth in the tax capacity value, the City should increase their levy amount.
The excess levy in periods of growth can be carried over for use in leaner economic times.
This may help to keep the tax capacity rate on a more even keel. Jeff O'Neill said new tax
growth means new demands for services.
Debt service was discussed with it being noted that the bonds for the wastewater treatment
plant are paid for by sewer and water funds. Rick Wolfsteller pointed that by freezing the tax
rate and doing projects where only 20% of the cost is assessed, the remaining 80% ofthe cost
would be showing up as debt levy. Wayne Mayer felt that kind of information should be
given to the Council when they vote on a bond issue. Wayne Mayer felt there should be some
kind of baseline measurement when setting a budget and not just be throwing out a dollar
figure. Clint Herbst asked that staff provide the figures for a 10%, 12.5% and 15% increase in
the levy. He also felt that even if the City doesn't do a segment of the core street
reconstruction in 2008 the City should still levy the $500,000 annually and bank the money
for a couple of years. Susie Wojchouski asked about the core street segment on River Street
from Chestnut Avenue. John Simola said they are trying to find a way to build a force main
instead of a gravity flow line which would reduce the cost of the project. Rick Wolfsteller said
previously the City has on these projects assessed only 20%. Where is the remaining 80% to
come from.
Rick Wolfsteller said loss in the amount of valuation for the power plant could justifY some
increase in the levy over the next few years. Susie Wojchouski asked about the $9,000,000
reserves. Clint Herbst felt that could be used for projects such as the Public Works Facility,
natural disaster recovery or equipment failure. It was noted that the 75% of sidewalk costs
that the City picks up is not covered for in the budget. Of the reserve funds it was noted that
about $3,500,000 was in sewer and water trunk funds and are earmarked for sewer and water
related improvements. There is $937,000 in park dedication but those funds are limited to
park improvements. Much of the reserves are designated for a specific use. Clint Herbst felt
it would easier if there was an overall plan showing what reserve funds there are and what
they are designated for. Susie Wojchouski asked how the City would come up with the match
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Special Meeting Council Minutes:8/27/07
funds for the YMCA if the state approved a grant. Clint Herbst said if any grant funds were
approved at that time the City would have to evaluate whether they could come up with the
funds to proceed with the YMCA acquisition. Rick Wolfsteller said the $1,500,000 in the
liquor store reserve was not designated for a specific use except for $250,000 for MCC debt
but added the liquor fund reserve use was not included in the bond documents. Rick
Wolfsteller also added there is about 12 years remaining on the bond debt for the MCC.
Wayne Mayer felt the MCC should be budgeting $250,000 more as he felt it would paint a
more accurate picture. Wayne Mayer said would rather see the debt on the tax levy and felt
there was enough justification to increase the levy. Brian Stumpffelt the general public would
understand why the City has to increase the levy but he felt the Council should corne with a
budget number rather than the 51 % of tax capacity as the basis for the levy. Tom Perrault
asked how much the tax capacity value could change as a result in the loss of valuation if
home values dropped. Rick Wolfsteller responded that because the tax capacity figures are
about year behind, the tax value should not change much. It is possible that as some of the
existing home values go down, the City may end up relying more on new growth.
Susie Wojchouski felt there were some items in the budget that could be trimmed and believes
that a 30% increase in the levy will be hard for residents to swallow. Rick Wolfsteller pointed
out that ofthe 30% increase, only 5%-6% is added expense. The remaining 24%-25% is
because the City is not trying to balance their budget like they did last year by using reserves
and trunk funds. Clint Herbst said if the City does try to keep the tax levy lower it would
mean the City would have to increase the amount of the fees they charge. John Simola
expressed his concern that the City budget enough to keep the infrastructure intact. Staff
didn't feel the departments could make a lot of cuts without cutting services. Susie
Wojchouski indicated she would feel comfortable with a levy of around $7,800,000. Wayne
Mayer asked how much of an increase in the levy would be allowed before the City comes
under the Truth in Taxation requirements. Rick Wolfsteller indicated it would be 5%. Since
this is the preliminary tax levy the City could always reduce the amount prior to the final tax
levy being approved but they could not increase the amount of the preliminary tax levy. Brian
Stumpf felt it was better to go with a higher figure and then use the time before the fmallevy
must be approved to look at ways of reducing the levy amount.
2. Adiourn.
The workshop adjourned at 6:10 p.m.
Recording Secretary
Council Agenda: 9/1 0107
SA. Consideration of approvinl!: new hires and departures for MCC. Liquor
Store. Deputv Rel!:istrar. Finance and Parks. (JO)
A. REFERENCE AND BACKGROUND:
The Council is asked to ratify the hiring and departures of employees that have
occurred recently at the MCC, Liquor Store, Deputy Registrar, Finance and Parks.
It is recommended that the Council officially ratify the hiring/departure of all new
employees including part-time and seasonal workers.
B. ALTERNATIVE ACTIONS:
I. Ratify the hiring/departures of the employees as identified on the attached
list.
C. SUPPORTING DATA:
List of new employees.
NEW EMPLOYEES
Name Title Department Hire Date Class
Amanda Washkuhn Asst. Deputy Registrar Clerk Deputy Registrar 8/27/2007 PT
Julia Harding Asst. Deputy Registrar Clerk Deputy Registrar 8/27/2007 PT
Jessica Burns Lifeguard MCC 8/23/2007 PT
Tom Kelly Finance Director Finance 8/27/2007 FT
TERMINATING EMPLOYEES
Name Reason Department Last Day Class
Scoltlano Temporary Parks 8/29/2007 Temp
Joseph Brooks Temporary Parks 8/21/2007 Temp
Brenen Johnson Temporary Parks 8/21/2007 Temp
Craig Geyen Temporary Parks 8/15/2007 Temp
Chris Schuster Voluntary Liquor 8/22/2007 PT
Libby Cheevers Voluntary MCC 8/20/2007 PT
Crystal Lawrenz Voluntary MCC 8/02/2007 PT
Christina Payne Voluntary MCC 8/17/2007 PT
Angela Pullen Voluntary MCC 8/09/2007 PT
employee councillist.xls: 9/4/2007
Council Agenda - 9/10/2007
5B. Consideration of approvinl! Plans and Specifications and authorizinl! Ad for Bids for
Fallon Avenue Pathway Improvements. City Proiect No. 2007-12C. (B.W.)
A. REFERENCE AND BACKGROUND:
The City Council authorized the preparation of Plans and Specifications for the above
referenced project on August 13,2007. In summary, these improvements were requested by
residents in Klein Farms 6th Addition in response to new bussing restrictions imposed by
Independent School District (ISD) 882 for the 2007-2008 school year requiring children
living less than one-mile from school to walk to school, rather than being bussed as occurred
in the past. Fallon Avenue is a narrow road with tall, steep side slopes and no existing
pedestrian facilities and as such these residents do not want their young children to walk to
school on it.
The proposed 8-foot wide bituminous pathway will be constructed west of Fallon Avenue,
connecting Farmstead Avenue to the existing pathway south of School Boulevard. The
portion of the pathway located within the low areas of Pioneer Park will be elevated 1.5-feet
to prevent the pathway from becoming flooded during the spring. The vast majority of the
proposed pathway is located within Pioneer Park and will be constructed far enough to the
west of Fallon Avenue to avoid any potential impacts during the future reconstruction of
Fallon Avenue. South of Pioneer Park approximately 400 linear feet of the proposed
pathway will be located within the right-of-way for Fallon Avenue, resulting in this pathway
needing to be reconstructed when the future reconstruction of Fallon Avenue occurs.
Per Council's direction the plans contain an alternate bid item for connecting the existing
10-foot wide bituminous pathway stub east of Farmstead Avenue to the west end of the
parking lot in Pioneer Park using an 8-foot wide bituminous pathway. This alternate
pathway will follow the existing aggregate pathway aligrunent through the north end of
Pioneer Park, staying south ofthe children's play station area. A concrete driveway apron
with truncated domes will be constructed at the west end of the parking lot providing an
ADA accessible pedestrian connection while allowing Parks Department vehicles to access
the Park.
The estimated cost to construct the bituminous pathway improvements west of Fallon
Avenue per the base bid is $96,505. The estimated cost to construct the connecting
bituminous pathway improvements through the north end of Pioneer Park per the alternate
bid is $22, I 05. The total estimated cost to construct both the base and the alternate pathway
improvements is $118,610.
B. ALTERNATIVE ACTIONS:
1. Motion to approve Plans and Specifications and authorize Ad for Bids for City Project
No.2007-12C.
2. Motion to deny approval of Plans and Specifications for City Project No. 2007-12C.
Council Agenda - 9/10/2007
C. STAFF RECOMMENDATION:
It is the recommendation of the City Administrator, the City Engineer and the Streets
Superintendent that the City Council approve alternative action #1.
D. SUPPORTING DATA:
None.
Council Agenda: 9/10/07
5C. Consideration of Appointin2 Tom Pawelk to the Position of Parks Superintendent (JO)
A. REFERENCE AND BACKGROUND:
In response to the internal posting of the Parks Director position opening, the City received one
application from Tom Pawelk who is a longstanding member of the Public Works Department and
has worked for the Parks Department for a number of years. In recent years he has taken on the
duties of Parks Foreman and has done a good job in this position.
Last week members of the Personnel Committee interviewed Tom Pawelk and are now
recommending that the City appoint Tom Pawelk to the position. The recommendation is based on
Tom's excellent work history as noted in a recent evaluation by his previous supervisor (Seth). In
addition to Seth's recommendation, John Simola mentioned that due to his dedication Tom has
certainly earned the opportunity to take on this new challenge.
It should be noted that Tom's educational background does not meet the minimum standards for the
position. The position calls for two years post high school education. However the requirements do
not clearly spell out a degree program that is needed. It was felt by the Personnel Committee that
the years of experience that Tom possesses should count in part toward satisfYing the education
requirement. In the next few weeks John Simola and I will be working with Tom to define specific
coursework that he needs to take to account for deficiencies in his education that is not as easily
covered by experience.
In raw numbers, as a foreman on the grounds crew he was making about $48,600.... The closest
step up at the new Position/Grade (11) is Step 4 which pays $51,841. This amounts to a 6.7%
increase. Please note that Tom Pawelk would no longer be eligible for overtime pay as he would
be an exempt employee at the new position. Tom Pawelk would not eligible for another step
increase for a period of one year. He would need to be making progress in his coursework in order
to get a future step increase.
B. ALTERNATIVE ACTIONS:
1. Motion to appoint Tom Pawelk to the position of Park Superintendent at step four
($51,841). Successful completion of probation period and or future step increases
requires progress on completion of coursework necessary to supplement experience.
Coursework to be established by the Personnel Committee.
If this alternative is selected, the position vacated by Pawelk will be posted
accordingly.
2.
Motion to seek applicants from outside of City Staff and authorize staff to advertise
the opening accordingly.
If Council believes that the City should advertise the opening to the general public,
then this alternative should be selected.
Council Agenda: 9/10/07
C. STAFF RECOMMENDATION:
The City Administrator recommends Alternative #1 for reasons noted. Although as a general rule it
is good to advertise outside of existing staff, it also makes sense to give yourself the flexibility to
appoint good candidates from inside the organization that have earned a shot at the job.
D. SUPPORTING DATA:
Job Description
JOB DESCRIPTION
Park Superintendent
City of Monticello
Title ofe/ass:
Effective Date:
Revised Date:
Park Superintendent
February 24,1998
November 13, 2001
DESCRIPTION OF WORK
General Statement of Duties: Performs supervisory and skilled labor and maintenance work in the
public works department; and performs related duties as required.
Suoervision Received: Works under the general supervision of the Public Works Director.
Suoervision Exercised: Exercises general and technical supervision over Operators/Mechanics, Park
Maintenance Workers, Building and Grounds Maintenance Workers, Seasonal Workers and Summer
Workers.
TYPICAL DUTIES PERFORMED
The listed examples may not include all duties performed by all positions in this class. Duties may vary
somewhat from position to position within a class.
Plans, organizes, coordinates, and performs the Park Department maintenance work.
Supervises the department staff including; interviewing with the Public Works Director and jointly
recommending hiring, assigning and prioritizing work, evaluating work, and recommending
reward and discipline.
Oversees and inspects job sites to determine work progress, changing priorities, problems, hazards,
and material and equipment needs.
Develops and oversees procedures, and practices to ensure safety and efficiency in the workplace.
Oversees City policies to assure adherence to same.
Responds to citizens concems by answering questions and providing information and assistance.
Administers the annual Parks budget; monitors expenditures and receipts.
Assists the Public Works Director in developing the annual operation budget and recommends capital
improvement purchases.
Purchases equipment, parts, and materials in accordance with approved budget and cost effectiveness;
determines long-range capital and equipment needs.
Tailors computer programs to inventory parks and amenities and enters necessary information plans
and prioritizes maintenance and construction work to be done in parks.
Follows City snow plowing policy; plans and arranges snow plow for pathways, park facilities including
parking lots and skating rinks.
Checks and approves bi-weekly employee time sheets; prepares agenda items for City Council and
Park Commission. Attends Park Commission meetings. Attends Council Meetings for special
projects or other reports as directed.
Inspects trees in the city and identifies diseased trees; schedules removal of diseased trees; where
C:\OFFICE\PARKS\PARKSUPRJOB: 2/24198: FINAL DRAFT:
. PAGE 1-
JOB DESCRIPTION
Park Superintendent
City of Monticello
possible by park crews and by contractor when conditions warrant same; completes necessary
paperwork on Dutch Elm disease tree removal.
Meets with county officials, school district officials, and contractors to discuss City park projects,
address possible problems, and plan alternatives.
Routinely inspects, maintains and repairs pathways, sidewalks, parking lots, including patching potholes
with blacktop, sweeping, removing debris, placing cones or barricades around hazards, etc.
Oversees and assists with the installation and repair of park and building utilities as needed including
sewer lines, sprinkler lines, etc.
Oversees and assists with the preventative maintenance and repair of department vehicles including
repairing or adjusting hydraulic systems and motors, brakes, disc drives, steering, electrical,
cooling systems, alternators, starters, etc.
Operates front-end loader and trucks to remove snow from city streets, municipal parking lots, and
alleys during winter; operates sander and applies salt to roadways, sidewalks, and municipal
parking lots; determines when snow plowing should begin and notifies staff.
Inspects, installs and maintains playground facilities and equipment including planning and placement of
equipment, repairing of swings, slides and other equipment, building sand boxes and providing
sand, etc. in accordance with current standard practices.
Develops and maintains Comprehensive Park Maintenance Program.
Performs miscellaneous maintenance, construction and repair work as needed on city buildings and
property including construction, plumbing, pouring concrete and concrete block work, welding,
basic electrical, painting and staining, sheet-rocking and taping, block work, etc.
Oversees and assists the work of summer employees including assigning work, training, etc.
Prepares newsletter articles as directed.
Attends training and continuing education courses as approved by the Public Works Director or City
Administrator.
Assists other City departments as needed.
Performs miscellaneous duties consistent with the position of Park Superintendent and Park
Maintenance Worker.
Coordinates City Safety Policy with subordinates and sees that they are trained in accordance with the
policy and monitors same.
Carries out the duties of the Riverside Cemetery Caretaker in his or her absence. Keeps current with
the Riverside Cemetery activities and regulations and assists where directed by the Public
Works Director.
KNOWLEDGE, SKILLS AND ABILITIES
Considerable knowledge of the repair and maintenance of parks; landscaping, recreation structures,
ballfields, and related appurtenances.
Considerable knowledge of park equipment and vehicle maintenance and repair including procedures,
methods, and tools.
Considerable knowledge of the traffic laws, ordinances, and regulations involved in equipment
operation.
C:\OFFICE\PARKS\PARKSUPR.JOB: 2/24/98: FINAL DRAFT:
. PAGE 2-
JOB DESCRIPTION
Park Superintendent
City of Monticello
Considerable skill in the operation of snow removal, landscaping, light and heavy machinery and other
public works and park equipment and vehicles.
Considerable skill in building and grounds maintenance including carpentry, plumbing, pouring concrete
and concrete block work, welding, basic electrical, painting and staining, sheet-rocking and
taping.
Considerable ability to plan and analyze department operations, develop alternatives, and determine
costs.
Considerable ability to assist in the preparation of the annual parks budget.
Considerable ability to administer and work within the approved annual parks budget.
Considerable ability to prioritize work projects.
Considerable ability to perform heavy manual labor for long periods of time, sometimes under adverse
weather conditions.
Considerable ability to analyze repair and maintenance problems and determine appropriate solutions.
Considerable ability to follow oral and written instructions.
Considerable ability to work and communicate effectively with City staff and the general public.
Working ability to supervise staff and ensure safety in the work place.
Working knowledge of basic computer programs such as Windows, WordPerfect, Excel, and e-
mailing, with the ability to prepare memos, lists, spreadsheets, and communicate with others via e-mail.
PHYSICAL REQUIREMENTS
Considerable ability to cope with varying work activities in diverse weather condition requires the
individual to be in very good health. Some of the assigned duties require physical strength and stamina
for prolonged periods. Being able to walk for extended periods while carrying a piece of equipment is
also a common procedure. Some of the work performed requires manual dexterity to safely operate
heavy equipment and tools.
Examples of physical work are: Chain saw operation, hauling wood, brushing trails, mowing, painting,
spraying for weed control, trimming trees, operations of heavy equipment, shoveling, landscaping,
operation of stationary and hand power tools, and general construction.
MINIMUM QUALIFICATIONS
High school graduate or OED equivalency and a two year post secondary education in parks and
recreation or related field are required. Four years experience, knowledge and skills in park or related
maintenance including light or heavy equipment operation and maintenance, construction, rough and
finish carpentry, and landscape turf and tree/plant care. Two years of which must be supervisory
experience. Must posses, or the ability to acquire within 120 days of employment, a Class B
Minnesota driver's license, a pesticide applicator's license, Minnesota State Tree Inspector Certificate.
C:\OFFICE\PARKS\PARKSUPR.JOB: 2/24/98: FINAL DRAFT:
.PAGE3-
SD Consideration of authorizinl! preparation of preliminary assessment rolls. (WSB)
A. REFERENCE AND BACKGROUND:
Minnesota Statute 429 sets forth the procedures for public improvement projects including
assessment procedures. The City is looking at a number of projects that the Council will be
asked to assess in 2007 for collection with the 2008 taxes. These projects include:
2007 Core Street Project, Project No. 2007-01C.
The preliminary cost estimate presented at the public hearing ordering the
improvement had a street reconstruction rate of$3,300.00/per residential unit and
$80.00/ft. for non-residential property. In addition a sidewalk assessment of$246.26
was also included in the proposed assessment. Kenneth Lane which was not being
reconstructed but was being milled and overlaid was proposed to be assessed
$1 ,434.43/per unit. The Council at previous meetings discussed the assessment
policy for those properties with multiple driveways and the determination was made
that unless the driveways were serving more than one residential unit, additional
charges would not be assessed to those properties with multiple driveway. This is the
driveway policy that will be applied to the 2007 project. Another issue to be
addressed is the handling of properties that have the potential to develop into
additional lots. I will be working with the City Attorney on a method to resolve this
Issue.
Cedar Street/Dundas Road, City Proiect No. 2006-02C.
This project covers improving Cedar Street to a 44' urban section with sidewalk and a
right turn lane. Dundas Road was also constructed to a 44' urban section with
sidewalk. At the public hearing on the project two options were presented for
assessing the Cedar Street portion of the project. One option was to assess it at 100%
of the cost and the other option was to treat the street work as reconstruction and
assess 100% of only the new improvements. The improvements to Dundas Road
which was a gravel road would be considered new construction and assessed at 100%.
In addition to the street improvements, a contract for street lighting for this area was
approved in the amount of$89,675.00.
Chelsea Road Improvements, City Project No. 2006-31C.
This project covers the reconstruction of a portion of Chelsea Road from CSAH 18 to
west of Fallon Avenue, the realigrIffient of the Fallon Avenue/Chelsea Road
intersection, pathway and street lighting. The minutes ofthe August 13, 2007
Council meeting reflect that the street lights and the pathway would only be assessed
to the Monticello Industrial Park and not against the other properties along Chelsea
Road. The assessment roll for the project used at fixed street rate of $70/front foot
plus curb and indirect cost for a total of $84/front foot. The competitive bids will
reduce this number with the final assessment roll.
1. Authorize the consulting engineer to begin work on the assessment rolls for the 2007
Core Street Project, Cedar/Street Dundas Road Project and Chelsea Road Project with
the staffto come back to the Council on September 24, 2007 with the costs to be
assessed and setting the public hearing date for the assessment hearing.
At this time the above projects are the improvement projects that would require assessment
hearings. Staff is requesting Council authorization to have the consulting engineer do the
necessary work to determine total project costs for each of the projects and the funding
sources. The County's cutoff date for accepting assessments is November 30th. City staff is
trying to schedule preparation of the assessment rolls, conducting the public hearing,
adjusting the assessment for revisions as generated by the public hearing and allowing the 30
day prepayment period so it can all be completed by the County's cutoff date.
B. ALTERNATIVE ACTIONS:
C. STAFF RECOMMENDATION:
It is the recommendation ofthe City Administrator and consulting engineer that the work
begin on the assessment for the projects noted above. Because ofthe time constraints it is
important that issues impacting the proposed assessment are discussed and the assessment
preparation commences as soon as possible.
Council Agenda: 9/10/07
SF. Consideration of authorization to remodel City Hall office partitions for two additional
cubicles. (JO)
A. REFERENCE AND BACKGROUND:
In order to accommodate the staff working or coming in to work at City Hall, we have a need to reallocate
the space available to provide for more work stations in cubicles. There is currently unused space on the
east end of the cubicles that houses filing cabinets and a drawing table that can be converted into two new
work stations. We received a quote for the necessary supplies, equipment and installation from
Parameters for a total amount of $4,012.41. Parameters is the company who provided the current cubicle
system and will be able to provide the same product line. The quote is dated the end June 2007, however,
it was confirmed that the price would be honored.
The new space will immediately be used by Rick Wolfsteller as he finishes out his term assisting the
Finance Department. After Rick has completed his work, Carolyn Becker, part time [mance clerk, will be
moved into the available space allowing her to be within the department and have easier access to her
supervisor and co-workers. The space vacated by Carolyn will be used by additional statfneeded within
City Hall and the Community Center. The other newly-created cubicle will be used by Karen Ludvigson,
Public Works, as she assists the City Engineer with projects.
B. ALTERNATIVE ACTIONS:
1. To authorize the remodel of City Hall office partitions for two additional cubicles at the price
quoted by Parameters.
2. To not authorize the remodel of City Hall office partitions.
C. STAFF RECOMMENDATIONS:
As we strive to be more efficient and plan for additional staff and better work flow, the City
Administrator recommends alternative action number one.
D. SUPPORTING DATA:
Work quote from Parameters for the materials and installation cost for the additional cubicles.
A revised layout of City Hall showing the new cubicle space provided.
Proposal
Item
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Parameters
1600 Utica Avenue S
Suite 120
St Louis Park, MN 55416
Steve Nelson
Sell
$ 227.04 i
!
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ExtSell
$ 454.08
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Proposal
Parameters
1600 Utica Avenue S
Suite 120
SI Louis Park, MN 55416
Steve Nelson
Item Part Number Part Descriolion T. Sell ExtSell
3. Installation iTear down and reconfigure per drawing using existing and new product i 1 $ 720.001 $ 720.00
Ii> iduring regular hours
IGrand Total , i $ 4,012.41
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U:\2007 Proposals\City of Monticello\070614 Reconfig1 Monticello.sp4 06/28/0713:24:45
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Council Agenda: 9/1 0/07
5G. Consideration to approve adoption of a resolution for fee for drivewav permits. (AS)
A. REFERENCE AND BACKGROUND
At its August 25"' meeting, the City Council approved an off-street parking ordinance, which
regulated the parking of vehicles in single-family residential neighborhoods. The requirement for
an approved driveway permit was part of that approval. Driveway permits would only be
required for construction of new driveways (outside of new building construction, in which case
driveway review is included with the building permit), or with driveway expansion projects. The
purpose of the permit is to allow for a limited amount of review as related to conformance with
ordinances and maintenance of proper drainage on site.
A nominal fee is recommended as part of the permit review process. Collection of a small fee
would be consistent with current policy for items such as utility excavation permits, seasonal sale
permits, etc., which require only basic review. Staff recommends a fee of $25 .00, which would
be included as part of the overall City Fee Schedule. Council may change the amount from time
to time as needed through the adoption ofthe ordinance for fee schedule each year.
B. ALTERt"'ATIVE ACTIONS
1. Motion to authorize collection of a fee for driveway permits.
2. Motion to deny authorizing collection of a fee for driveway permits.
C. STAFF RECOMMENDATION
Staff recommends Alternative #1 above.
D. SUPPORTING DATA
None.
Council Agenda: 9/10107
5H. Consideration of approval of contribntion for Fire Department. (10))
A. REFERENCE AND BACKGROUND:
The City has received a donation from the Land of Lakes Choirboys in the
amount of$10,000.00 for equipment for the Fire Department. As required by state
statute, if the City accepts the donation of funds, the City Council needs to adopt a
resolution specifying the amount of the donation and its use.
B. ALTERNATIVE ACTIONS:
1. Approve the contribution and authorize use of funds as specified by the
donor.
2. Do not approve the contribution and return the funds to the donor.
C. STAFF RECOMMENDATION:
It is the recommendation of the City Administrator and the Finance Department to
adopt the resolution accepting the contribution.
D. SUPPORTING DATA:
Resolution
DONORlENTITY
Land of Lakes Choirboys
DESCRIPTION
Cash contribution
VALUE
$10,000.00
City of Monticello
RESOLUTION NO. 2007-68
RESOLUTION APPROVING CONTRIBUTIONS
WHEREAS, the City of Monticello is generally authorized to accept
contributions ofreal and personal property pursuant to Minnesota Statutes Sections
465.03 and 465.04 for the benefit of its citizens and is specifically authorized to maintain
such property for the benefit of its citizens in accordance with the terms prescribed by the
donor. Said gifts may be limited under provisions ofMN Statutes Section 471.895.
WHEREAS, the following persons and or entities have offered to contribute
contributions or gifts to the City as listed:
WHEREAS, all said contributions are intended to aid the City in establishing
facilities, operations or programs within the city's jurisdiction either alone or in
cooperation with others, as allowed by law; and
WHEREAS, the City Council hereby finds that it is appropriate to accept the
contributions offered.
NOW THEREFORE BE IT RESOLVED by the City Council of Monticello as
follows:
1.
2.
The contributions described above are hereby accepted by the City of
Monticello.
The contributions described above will be used as designated by the
donor. This may entail reimbursing or allocating the money to another
entity that will utilize the funds for the following stated purpose:
DONORlENTITY
Land of Lakes Choirbo s
RECIPIENT
Fire De artment
PURPOSE
E ui ment
Adopted by the City Council of Monticello this 10th day of September, 2007.
Clint Herbst, Mayor
ATTEST:
leffO'Neill, City Administrator
Council Agenda - 09/10/2007
51. Consideration of a request for proposals for 4th Street Park Parkin!!: Lot Mill and
Overlav Proiect. City Proiect #2007-14C. (J.S.)
A. REFERENCE AND BACKGROUND:
The parking lot at the 4th Street Park is in need of a mill and overlay. The parking lot is
approximately 20 years old and has numerous cracks and a small amount of alligator cracking.
We are requesting that City Council authorize us to obtain proposals from a couple of
blacktopping companies to mill and overlay the parking lot. We have placed an amount of
$20,000 in the 2007 Budget for this work.
B. ALTERNATIVE ACTIONS:
1. The first alternative is to authorize staff to obtain proposals for the 4th Street Park Parking
Lot Mill and Overlay Project, City Project #2007-14C.
2. The second alternative would be not to allow staff to obtain proposals for the mill and
overlay project.
C. STAFF RECOMMENDATION:
It is the recommendation of the Public Works Director and Acting Park Superintendent that City
Council authorize City staff to obtain proposals for the mill and overlay project at 4th Street Park
as outlined in alternative # 1.
D. SUPPORTING DATA:
Pictures of the condition of the parking lot; Copy of the Plans and Specifications for the project.
MONTICELLO
PLANS AND
SPECIFICATIONS
FOR
4TH STREET PARK PARKING LOT
MILL AND OVERLAY
CITY PROJECT #2007-14C
FOR THE
CITY OF MONTICELLO
MINNESOTA
City oflvlonticello
QfJice of Public Works
909 Go!fCourse Road
Monticello, UN 55362
Prepared By: John Simola
Public Works Dir.
Phone: 763-295-3/70
FCDi:: 763-271-3272
Tom Pawelk
Park Superintendent
Dated: August 29, 2007
F:'ADMIN\WordPracIPARKS DEP1\Sp~4TH STREET PARKING LOT - 2007 - SPECS_doe
- PAGE 1 OF 36 -
ADVERTISEMENT FOR PROPOSALS
FOR
4TH STREET PARK PARKING LOT MILL AND OVERLAY
CITY PROJECT #2007-14C
FOR THE
CITY OF MONTICELLO, MINNESOTA
NOTICE IS HEREBY GIVEN that proposals will be received by the City of
Monticello, Wright County, Minnesota, for the following work:
Furnishing and installing all labor and materials for the 4th Street Park Parking Lot in
the City of Monticello, Minnesota.
Proposals will be received until 10 a.m. on Thursday, September 20, 2007, at the City
of Monticello, Office of Public Works, Monticello, Minnesota, at which time they will be
opened and read aloud.
All proposals shall be addressed to the Park Superintendent, City of Monticello, Office
of Public Works, 909 Golf Course Road, Monticello, Minnesota 55362, and shall be submitted
on a proposal form included in the Specifications for the 4th Street Park Parking Lot Mill and
Overlay dated August 29, 2007.
Copies of the plans and specifications and other proposed contract documents are on
file with the City Administrator and can be obtained by contacting 505 Walnut Street,
Monticello, Minnesota 55362, phone number (763) 295-2711.
All proposals shall be accompanied by a cashier's check, certified check, or proposal
bond payable to the City of Monticello for an amount not less than 5% of the total proposal.
The City of Monticello reserves the right to reject any or all proposals, to waive any
informalities, and to accept any proposal deemed to be in the best interest of the City of
Monticello and 4th St Park. Proposals may not be withdrawn after the opening of the proposals
and shall be subject tQ acceptance by the City for a period of thirty (30) calendar days from the
opening thereof.
DATED: August 29, 2007
BY ORDER OF THE MONTICELLO PARKS COMMISSION
F:\ADMINlWordPl'oc\PARKS DEPT\Spet:lI\4TH STREET PARKING LOT - 2007 - SPECS.doc
- PAGE 2 OF 36 -
PROPOSAL FORM
FOR
4TH STREET PARK PARKING LOT MILL AND OVERLAY
CITY PROJECT #2007-14C
FOR THE
CITY OF MONTICELLO, MINNESOTA
Park Superintendent
CITY OF MONTICELLO
Office of Public Works
909 Golf Course Road
Monticello, Minnesota 55362
Park Superintendent:
1. The following proposal is made for the 4th Street Park Parking Lot Mill and Overlay
Project for the City of Monticello, Minnesota.
2. The undersigned certifies that the contract documents listed in the instruction to
proposers have been carefully examined and that the site of the work has been
personally inspected. The undersigned declares that the amount and nature of the work
to be done is understood and that at no time will misunderstanding of the contract
documents be pleaded. On the basis of the contract documents, the undersigned
proposes to furnish all necessary apparatus and other means of construction, to do all
the work and furnish all the materials in the manner specified, to finish the entire
project within the time hereinafter specified, and to accept as full compensation
therefore the sum stated below.
3. Item #1: 4TH STREET PARK PARKING LOT MILL AND OVERLAY
1 2104.512 Removal of Bituminous Sq Yds 132.9 $ $
Pavement
2 2104.513 Sawing Bituminous Lin Ft 220 $ $
Pavement
3 2350.573 Bituminous Patch Sq Yds 132.9 $ $
4 2232.501 Mill Pavement Edge 3ft Sq Yds 169.3 $ $
5 2357.1 Bit Tack Coat Gal 43 $ $
6 2331. Pavement 1 Yz" Wear Sq Yds 849.0 $ $
TYPE 41 Course
7 2564.603 4" Solid White Line Lin Ft 300 $ $
8 2564.602 Pavement Message Each 1 $ $
Handica ad Painted
TOTAL $
F:\AOMIN\WordProc\PARKS DEPnSpec:s\4TH STREET PARKING LOT - 2007 - SPECS,doc - PAGE 3 OF 36 -
4. The Owner reserves the right to award to the lowest responsible proposal.
5. The undersigned further proposes to execute the contract agreement and to furnish
satisfactory bond within (10) days after notice of the award of contract has been
received. The undersigned further proposes to begin work as specified, to complete the
work on or before the date specified, and to maintain at all times a contract bond
approved by the City in an amount equal to the total cost proposed.
6. Accompanying this proposal is the security required to be furnished by the contract
documents, the same being subject to forfeiture in the event of default by the
undersigned.
7. In submitting this proposal, it is understood that the right is reserved by the Owner to
reject any or all proposals and to waive informalities.
8. This proposal may not be withdrawn after the opening of the proposals and shall be
subject to acceptance by the Owner for a period of thirty (30) calendar days from the
opening thereof.
9. If a corporation, what is the state of incorporation:
10. If a partnership, state full names of all co-partners:
OFFICIAL ADDRESS
FIRM NAME
By
By
Title
Title
Date:
~:\AOMIN\WordProc\PAAKS DEPT\Speos\4TH STREET PARKING LOT - 2007 - SPECS.doc
- PAGE 4 OF 36 -
INSTRUCTIONS TO PROPOSERS
FOR
4TH STREET PARK PARKING LOT MILL AND OVERLAY
CITY PROJECT #2007-14C
FOR THE
CITY OF MONTICELLO, MINNESOTA
1. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK
The proposer shall examine to his satisfaction the quantities of work to be done as detennined
from the plans and specifications. Quantities indicated by the Engineer on drawings or
elsewhere are estimated only, and proposers must rely on their own calculations. Proposers
shall be thoroughly familiar with the contract documents, including all general conditions and
special conditions.
Proposers shall inform themselves of the character and magnitude of work and the conditions
under which the work is to be performed concerning the site of the work, the structure of the
ground, the existence of surface and ground water, availability of drainage, the obstacles which
may be encountered, means of approach to the site, manner of delivering and handling
materials, facilities of transporting equipment, and all other relevant matters pertaining to the
complete execution of this contract. No plea of ignorance of conditions that exist or that may
hereafter exist or of difficulties that will be encountered in the execution of the work hereunder
which result from the failure to make necessary examinations and investigations will be
accepted as sufficient excuse for any failure or omission on the part of the Contractor to fulfill
in every detail all the requirements of this contract or will be accepted as a basis for any claim
whatsoever for extra compensation or for an extension of time. No proposer may rely upon
any statements or representations of any officer, agent, or employee of the Owner with
reference to the conditions of the work, of the character of the soil, or other hazards which may
be encountered in the course of construction.
2. PROPOSAL SECURITY
Each proposal shall be accompanied by a proposal security in the form and amount as specified
in the advertisement for proposals. Such proposal security is a guaranty that the proposer will
enter into a contract with the Owner for the work described in the proposal, and the amount of
the proposal security of a successful proposer shall be forfeited to the Owner as liquidated
damages in the event that such proposer fails to enter into a contract and furnish contract
performance and payment bonds. Minnesota law does allow for a letter of credit in lieu of a
performance bond on projects under $50,000. Proposal securities will be returned to non
successful proposers immediately after award of contract to the successful proposer.
. PAGE 5 OF 36.
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3. CONTRACT DOCUMENTS
The contract documents will consist of the advertisement for proposals, instructions to
proposers, general conditions, special conditions, proposal form, form of contract, and all plans
and drawings. These documents are on file with the Owner.
4. PREPARATION OF PROPOSAL
The proposer shall submit his proposal on the forms provided by the Owner. He shall also
submit a duplicate proposal on the additional unbound forms provided by the Owner. A
brochure or detail sheet of the fence and backstop proposal shall also be provided with the
proposal.
The blank spaces in the proposals shall be filled in correctly with ink where indicated for each
and every item for which a quantity is given, and the proposer shall state the prices for which
he proposes to do each item of the work contemplated.
The proposer's proposal shall be signed correctly with ink. If proposal is made by an
individual, his name and post office address shall be shown. If made by a firm or partnership,
the name and post office address of each member of the firm or partnership shall be shown. If
made by a corporation, the person signing the proposal shall show the name of the state under
the law of which the corporation was chartered and names, titles, and business addresses of the
president, secretary, and treasurer. All proposals from corporations shall bear the official seal
of the corporation.
5. CONDITIONS IN PROPOSER'S PROPOSAL
The proposer shall not stipulate in his proposal any conditions not provided for on the proposal
form.
6. DELIVERY OF PROPOSALS
All proposals shall be placed in a sealed envelope with a statement thereon showing the work
covered by the proposal and addressed to the address as stipulated in the advertisement for
proposals. Proposals may be mailed or submitted in person. No proposals will be received
after the time set for receiving them. Proposals arriving by mail at the office of the Owner
after the hour designated for receiving proposals will be returned to the sender unopened.
7. REJECTION OF PROPOSALS
Proposals may be rejected if they show any omission, alteration of form, additions not called
for, conditional proposals, or alternate proposals not specified, or irregularities of any kind.
Proposals in which the prices are obviously unbalanced may be rejected.
8. WITHDRAWAL OF PROPOSALS
A proposer may withdraw his proposal without prejudice to himself provided he files a written
request with the Owner before the hour of letting, and such withdrawn proposal may be
modified and resubmitted by the proposer at any time prior to the hour set for the opening of
proposals.
9. OPENING OF PROPOSALS
Proposals will be opened and read in such place as designated at the time and the date set in the
"advertisement". Proposers will be notified following the opening.
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GENERAL CONDITIONS
FOR
4TH STREET PARK PARKING LOT MILL AND OVERLAY
CITY PROJECT #2007-14C
FOR THE
CITY OF MONTICELLO, MINNESOTA
TABLE OF CONTENTS
ARTICLE
PAGE
1. In Genera!.......... ... ..... ....... ........... .......... ..... ...... ..... ...... ......... ..... ..... ..... .... ........ ...... ... ..... .....1 0
2. Definitions......... ... ... ......... ........... .......... ..... ........... .... ...... ..... .... ..... ...... ......... .............. ... .....10
3. Interpretation of Proposed Contract Documents............................................................... 11
4. Form of Contract... ..... .......... ................. ..... ......... ......... ...... ............. .... .... ...... ... ...... ....... .... 11
5. Contractor's Insurance.. ...... .......... ........ ....... ..... ..... .......... ..... ..... .... ..... ............. ............. .... 12
6. Compliance with Laws, Building Codes, and Regulations ...............................................13
7. Permits and Licenses. .... ......... ....... ... ........ .... ....................... ...... .......... .... ............ ........... ....14
8. Assignment of Contract. ........ ..... ...... .... .... ............ .......... ....... ........ ......... ............ ....... ..... ...14
9. Subcontracting ... .... ..... ...... .......... ... ............... .......... ........ ....... .... ............. ............ ..... ....... ...14
10. Contractor's Responsibilities ....... ................. ...... ............ ....... .... ..... ..... ............... ..... ..........14
11. Termination of Contractor's Responsibility ......................................................................15
12. Prosecution of Work .. ... ............. ........ .......... .... ...... ..... .... ..................... ........... ......... ........ ..15
13. Limitations of Operations .. ..... ... ... ... .............. ................. .... ....... ...... ........................ ........ ..15
14. Conformity with Plans and Allowable Deviations ............................................................16
15. Coordination of Plans and Specifications ..........................................................................16
16. Contractor's Right to Request Changes .............................................................................16
17. Alterations of Plans or Character of Work ........................................................................16
18. Increased or Decreased Quantities of Work ......................................................................17
19. Changes in the Work..........................................................................................................17
20. Claims and Protests. .... ..... ...... ....... ........ .... ...... .......... ...... ..... ..... .......... ...... ....... ........ ......... .17
21. Superintendence and Supervision ..... ........ ........ ...... ........ .......... ..... ....... .... ....... ..... ............ .18
22. Inspection of Work. ....... ......... .......... ........ ........ ........ ... .... ...................... .......... ........ ....... ...18
23. Delays and Extension of Time ....... ... ................ ........ ... .... ...... ........ .... .... ...... .... ...... ......... ...18
24. Correction of Work Before Final Payment........................................................................18
25. Correction of Work After Final Payment ..........................................................................19
26. Failure to Complete Work on Time...................................................................................19
27. The Right of the Owner to do the Work............................................................................20
28. Scope of Payment. ... ........... ............... .............. .......... .......... ....... ... ...... ...... ... ...... .... ...........20
29. Application for Payments ... ..... .......... .............. .......... .......... ..... ..... ...... ...... ..... ........... ....... .20
30. Partial Payment ...... ............. ............. .................. ...... ..... ............ ..... ...... ........... ...... ............ .21
31. Certificates ofPayment...... .............. ..... ......... ........... ................ ..... ...... ... ........ .... ....... ........21
32. Payments Withheld.. .......... .............. ..... ......... ............. .... .......... ..... ...... ...................... ........21
33. Final Inspection.................................................................................................................. 22
34. Final Payment ... ...... ......... ... ...... ....... ..... ............ .......... .... .............. ...... .... ......... ..................22
35. No Waiver of Legal Rights.. ..... ....... ..... ................ ....... ........ ........ ............. ....... ......... .........23
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ARTICLE
PAGE
36. Materials ............................................................................................................................23
37. Defective Work ................ ... .... ... ........ ...... .... .................. .................. ............ .... ..................25
38. Protection of the Work.......................................................................................................25
39. Damage to Existing Improvements....................................................................................25
40. Protection and Restoration ofProperty..............................................................................26
41. Privileges of Contractor in Streets, Alleys, and Rights-of way .........................................27
42. Work During Inclement Weather.......................................................................................27
43. Night Work. ..... ............................... .............. ........................... .............. ........... ...... ..... ......27
44. Use of Explosives ............ .......... ..... ..... ............................... ........ .............. .........................27
45. Noise Elimination ......... ...... ....... .................................... ..... ....... .................. ......................27
46. Water ..................... ................. .... .......... ..... ..................... ..... ................ ...... ..................... ....27
47. Sanitary Provisions ............................................................................................................2 7
48 . Fossils ................................................................................................................................2 7
49. Accident or Prevention ......................................................................................................28
50. Labor.. ....... ....... ..... ............ ........................ .................. ................. ......... ...... ................. ... ...28
51. Discrimination Based on Race, Creed, or Color Prohibited in Contract ...........................28
52. Sites to be Kept Clean........................................................................................................29
53. Measurements ............ .......... ................ ..... .......... ................ ..... ..... ....... .... .... .... .......... ....... .29
54. Guarantee ............................................. ..... ...... .......................... ...... .......... ...... ............... ... .29
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GENERAL CONDITIONS
FOR
4TH STREET PARK PARKING LOT MILL AND OVERLAY
CITY PROJECT #2007-14C
FOR THE
CITY OF MONTICELLO, MINNESOTA
1. IN GENERAL
The standard form of the American Institute of Architects entitled ''The General Conditions of
the Contract" and containing Articles 1 to 14 inclusive is a part of these specifications, except
that the following general conditions shall take precedence over and modify any statements of
the "General Conditions of the Contract" and shall be used in connection with them as part of
the contract documents. A copy of these general conditions of the contract is on file in the
Owner's offices and is subject to inspection by this Contractor. Unfamiliarity with the terms of
these general conditions of the contract will not relieve this Contractor of the terms contained
therein. The word "architect" in the general conditions of the contract shall be construed to
mean the same as "Engineer" in this specification.
2. DEFINITIONS
The following terms when used in the contract documents have the intent and meaning as
given below:
(a) The "Owner" means the City of Monticello, Minnesota.
(b) "Engineer" means the consulting engineers as designated for the project by the Owner,
or in this case a representative of the City.
(c) "Contract Documents" are the advertisement for proposal, information to proposers,
general conditions, special provisions, special conditions, proposal form, form of
contract, and all plans and drawings.
(d) "Inspector" means an authorized representative of the Engineer assigned to make any
or all necessary inspections of the work performed and the materials furnished by the
Contractor.
(e) "Laboratory" means the testing laboratory which may be approved by the Engineer to
inspect and determine the suitability of materials.
(t) "Proposer" means an individual, firm, or corporation submitting a proposal for the
work contemplated, acting directly or through a duly authorized representative.
(g) "Contractor" means the individual, firm, or corporation with whom the Owner contracts
to complete the work and unless specified otherwise includes subcontractors.
(h) "Proposal Form" means the prepared form so marked in the contract documents on
which the proposer is to or has submitted his, their, or its proposal for the work
contemplated.
(i) "Plans" means all approved drawings or reproduction of drawings pertaining to the
construction of the work and appurtenances.
(j) "Specifications" means the directions, conditions, provisions, and requirements
contained herein, together with all written agreements made or to be made pertaining to
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the method and manner of performing the work or to the quantities of materials to be
furnished under the contract.
(k) "Proposal" means the written proposal of the proposer on the form furnished for the
work contemplated.
(1) "Proposal Guaranty" means the security designated in the proposal to be furnished by
the proposer as a guarantee of good faith to enter into a contract with the Owner if the
work is awarded to him.
(m) "Contract" means the agreement covering the performance of the work and the
furnishing of materials in the construction of the work. The contract shall include the
"contract documents" and "contract bond", also any and all supplemental agreements
which reasonably may be required to complete the construction of the work in a
substantial and acceptable manner.
(n) "Contract Bond" means the approved form of security furnished by the Contractor and
his surety or sureties as a guarantee of good faith on the part of the Contractor to
execute the work in accordance with the terms of the contract.
(0) "Surety" means the individual or corporate body which is bound with and for the
Contractor for the acceptable performance of the contract and for his payment of all
obligations pertaining to the work.
(P) The term "Work" of the Contractor or subcontractor includes labor or materials or both.
(q) Meaning of expressions. In order to avoid cumbersome and confusing repetition of
expressions in these specifications and whenever it is provided that anything is or is to
be done, or as, or when, or where "contemplated", "required", "directed", "specified",
"authorized", "ordered", "given", "designated", "indicated", "considered necessary",
"permitted", "suspended", "approved", "acceptable", "unacceptable", "suitable",
"unsuitable", "satisfactory", "unsatisfactory", or "sufficient", it shall be taken to mean
and intend by or to the Engineer.
3. INTERPRETATION OF PROPOSED CONTRACT DOCUMENTS
If any person contemplating submitting a proposal for the proposed contract is in doubt as to
the true meaning of any part of the plans, specifications, or other proposed contract documents,
he may submit to the Engineer a written request for an interpretation thereof. The person
submitting the request will be responsible for its prompt delivery. Any interpretation of the
proposed documents will be made only by addendum duly issued, and copy of such addendum
will be mailed or delivered to each person receiving a set of such contract documents and such
other prospective proposer as have requested that they be furnished with a copy of each
addendum. The Owner will not be responsible for any other explanation or interpretations of
the proposed contract documents.
4. FORM OF CONTRACT
The form of contract to be used shall be the form prescribed and provided by the Owner in the
contract documents.
5. CONTRACTOR'S INSURANCE
No Contractor nor subcontractor shall commence work under this contract until he has
obtained at his own cost and expense all insurance required by this article, such insurance to be
approved by the Owner and maintained by the Contractor until final completion of the work.
Completed operations insurance shall also be maintained by the Contractor for a period of one
(1) year after final completion and acceptance by the City of Monticello.
A. Workmen's Compensation Insurance
The Contractor shall take out and maintain for the duration of this contract statutory
workmen's compensation insurance and employer's liability insurance as shall be
required under the laws of the state of Minnesota.
B. General Liabilitv Insurance
I. Public Liability Insurance
The Contractor shall take out and maintain during the life of this contract such
public liability and property damage insurance as shall protect him from all
claims for bodily injury, including accidental death, as well as from all claims
for property damage arising from operations under this contract. The minimum
limits which are required are: Public Liability, $1,000,000 per each occurrence,
General Aggregate, $1,000,000, and Worker's Compensation, $100,000
(employer's liability limit).
Such policy shall include coverage for:
(a) Injury to or destruction of any property arising out of the collapse of
or structural injury to any building or structure due:
i. to grading ofland, excavation, borrowing, filling, backfilling,
tunneling, pile driving, coffer-dame work, or caisson work, or
11. to moving, shoring, underpinning, raising, or demolition of
any building or structure or removal or rebuilding of any
structural support thereof.
(b) Injury to or destruction of wires, conduits, pipes, mains, sewers,
tanks, tunnels, any similar property, and any apparatus in
connection therewith, beneath the surface of the ground or water,
caused by and occurring during the use of mechanical equipment for
the purpose of grading land, paving, excavating, drilling, borrowing,
filling, backfilling, or pile driving or injury to or destruction of
property at any time resulting there from.
(c) Injury to or destruction of any property arising out of blasting or
explosion.
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2. Automobile Insurance
The Contractor shall carry automobile insurance on all automotive equipment
owned, rented, or borrowed in the minimum amount of $500,000 combined
single limit.
3 . Contractual Liability Insurance
The Contractor agrees to hold hannless and indemnifY the Owner, the Engineer,
and their agents from every claim, action, cause of action, liability, damage,
expense, or payment incurred by reasons of any bodily injury including death or
property damage resulting from the Contractor's operations on this project.
4. Owner's Protective Liability and Property Damage Insurance
The Contractor shall provide Owner's protective liability and property damage
insurance in the name of the Owner and the Engineer insuring against bodily
injury and property damage liability in the limits set forth above for which they
may become legally obligated to pay as damages sustained by any persons caused
by accident and arising out of operations performed for the named insured by
independent contractors and general supervision thereof.
C. Builder's Risko-Fire and Extended Coverage Insurance
If the nature of the entire installation or portion thereof is such that it is insurable
against the perils of fire, extended coverage, vandalism, and malicious mischief, such
insurance shall be procured and maintained by the Contractor in behalf of himself, the
Owner, and his subcontractors on a complete value form.
Insurance certificates evidencing that the above insurance is in force with companies
acceptable to the Owner and in the amounts required shall be submitted to the Owner
for examination and approved concurrently with the execution of the contract, after
which they shall be filed with the Owner. In addition to the normal information
provided on the insurance certificates, they shall specifically provide that:
1. A certificate will not be modified except upon ten days' prior written notice
to the Owner;
2. Coverage is included for blasting, collapse, and underground hazards; and
3. The contractual liability hazard has been insured.
6. COMPLIANCE WITH LAWS, BUILDING CODES, AND REGULATIONS
The proposer is assumed to have made himself familiar with all codes, state laws, ordinances,
and regulations which in any manner affect those engaged or employed in the work, or the
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materials or equipment used in or upon the improvement, or in any way affect the conduct of
the work; and no plea of misunderstanding will be considered on account of the ignorance
thereof. The provision of such codes, laws, or ordinances are deemed to be a part of these
specifications, and the Contractor will be bound by the provisions thereof.
The Contractor shall, and also by a surety, agree to indemnify and save harmless the Owner
and all of its officers, agents, and servants against any claim or liability arising from or based
on the violation of any such law, ordinance, regulation, or decrees, whether by himself or his
employees.
If the Contractor shall discover any provisions in the plans, contract, or these specifications, or
any direction of the Engineer or inspector which is contrary to or inconsistent with any such
law, ordinance, regulation, or decree, he shall forthwith report its inconsistency to the Engineer
in writing.
7. PERMITS AND LICENSES
The Contractor shall procure all permits and licenses required by anyone outside the City, pay
all charges and fees, and give all notices necessary and incidental to the due and lawful
prosecution of work. No City permits are necessary.
8. ASSIGNMENT OF CONTRACT
No assignment by the Contractor of any principal construction contract or any part thereof or
of the funds to be received there under by the Contractor will be recognized unless such
assignment has had the written approval of the Owner and the surety has been given due notice
of such assignment and has furnished written consent thereto. In addition to the usual recitals
in assignment contracts, the following language must be set forth:
"It is agreed that the funds to be paid to the assignee under this assignment are
subject to a prior lien for services rendered or materials supplied for the
performance of the work called for in said contract in favor of all persons, firms,
or corporations rendering such services or supplying such materials."
9. SUBCONTRACTING
All subcontractors shall be subj ect to the approval of the Owner and the Engineer, and no
subcontracts shall be let without such approval.
10. CONTRACTOR'S RESPONSIBILITIES
The Contractor shall furnish all necessary machinery, tools, labor, and material of every
character required and shall fully complete the work in accordance with the plans,
specifications, and detail drawings for the prices proposal. The entire work to be performed
under the contract for this improvement is to be at the Contractor's risk, and he is to assume the
responsibility for and risk of all damages to the work or to property adjacent to or on the line of
said work. The Contractor shall have charge of and be responsible for the entire improvement
until its completion and acceptance. He shall be liable for any defects which may appear to be
discovered on his work.
Whenever the Contractor is not present on the work, directions will be given to the
superintendent or foreman who may have immediate charge thereof and shall by him be
received and strictly obeyed. The Contractor shall designate one person who shall have charge
of the job and to whom the inspector shall give directions. If any person employed on the work
shall refuse or neglect to obey the directions of the Engineer or his duly authorized
representative in anything relating to the work or shall appear to be incompetent, disorderly, or
unfaithful, he shall, upon the request of the Engineer, be discharged and not again employed
upon any part of the work.
11. TERMINATION OF CONTRACTOR'S RESPONSIBILITY
Except as otherwise provided for in these specifications and in the Contractor's bond, the
Contractor's responsibility on his contract shall continue until fmal acceptance of his work by
the Owner upon recommendation of the Engineer, such acceptance to be made promptly after
final completion of the work and thereafter until all obligations contained in the contract shall
have been fully performed by the Contractor according to the terms of the contract.
12. PROSECUTION OF WORK
All dealings of the Owner will be with the Contractor. No work shall be started until the
contract has been executed.
Definite notice of intention to start work shall be given to the Owner at least five (5) days in
advance of beginning the work. Such starting time shall be within ten (10) calendar days after
the date of receipt by him of notice to proceed. Should the prosecution of the work for any
reason be discontinued temporarily by the Contractor with the consent of the Engineer, he shall
notify the Engineer at least twenty-four (24) hours before again resuming operations.
The Contractor shall submit, at such times as may reasonably be requested by the Engineer,
schedules which shall show the order in which the Contractor proposes to carry on the work
with dates at which the Contractor will start the several parts of the work and estimated dates
of completion of the several parts. If deemed necessary by the Engineer, he shall have the right
to change such schedule of operation as required.
The work shall be prosecuted in such manner as to insure its completion within the time set for
it in the contract. In case of failure to prosecute the work in such a marmer as to insure its
completion within the date specified, the Engineer shall have the right to require the Contractor
to place in operation such additional force and equipment as is deemed necessary.
13. LIMITATIONS OF OPERATIONS
In case of a dispute arising between two or more contractors engaged on the same work as to
the respective rights of each under these specifications, the Engineer shall determine the
matters at issue and shall define the respective rights of the various interest involved in order to
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secure the completion of all parts of the work in general harmony and with satisfactory results,
and his decisions shall be final and binding on all parties concerned and shall not in any way be
a cause for claim for extra compensation by any of the parties.
14. CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS
No deviation from the plans for the work of the approved working drawings of the structures
will be permitted without the written order of the Engineer.
15. COORDINATION OF PLANS AND SPECIFICATIONS
This Contractor shall take no advantage of any apparent error or omission in the plans or
specifications, but the Engineer shall be permitted to make such corrections and interpretations
as may be deemed necessary for the fulfillment to the intent of the plans and specifications.
Any work not herein or on the plans specifically specified but which may be fairly implied or
understood as included in the contract shall be done by the Contractor without extra charge.
Any ambiguity or discrepancy in the plans and specifications shall be adjusted by using the
best class of work or materials.
In the case of any discrepancy between the scale and figures on all plans, drawings, etc., the
figured dimensions shall govern. In the case of any discrepancy between the quantities shown
in the proposal and those shown on the plans, the plans shall prevail. In case any other
discrepancy occurs between the plans and these specifications, the decision of the Engineer
shall be decisive thereon.
16. CONTRACTOR'S RIGHT TO REQUEST CHANGES
If the Contractor shall discover prior to or during construction anything in the plans or
specifications or in supplementary directions by the Engineer which in the opinion of the
Contractor appears to be faulty engineering or design, he shall forthwith advise the Engineer in
writing of the particulars. It is understood and agreed that if no objection is raised by the
Contractor under the provisions of this paragraph, the Contractor waives any right to contest
the provisions of his contract on the basis of faulty engineering or design.
17. AL TERA TIONS OF PLANS OR CHARACTER OF WORK
The Engineer is given the right as the work progresses to make such alterations in the plans or
in the character of the work as may be considered necessary or desirable in order to complete
fully and perfect the construction of the work. Such changes shall in no way invalidate the
contract.
The Contractor will be informed in writing of all or any such alterations in character of work
before being ordered to perform such work. After receipt of such notice, the Contractor will be
given a reasonable length of time to accept or to protest the performance of work covered by
such alterations. Should the Contractor, after having been notified and before any agreement
has been reached, perform any of the work covered by such alterations, it will be construed that
he has accepted such alterations of the work.
The plans and specifications show the work to be performed. Construction conditions may
require that minor changes be made in location and installation of the work and equipment to
be furnished and other work to be performed hereunder; and the Contractor, when ordered by
the Engineer, shall make such adjustments and changes in said locations and work as may be
necessary without additional charge, provided such adjustments and changes do not alter the
character, quantity, or cost of work as a whole, and provided further the plans and
specifications showing such adjustments and changes are furnished the Contractor by the
Engineer within a reasonable time and before any work involving such adjustments and
changes are made.
18. INCREASED OR DECREASED QUANTITIES OF WORK
The Engineer is given the right to increase or decrease any or all of the items specified in the
plans, proposal, and contract, including the elimination of one or more of such items.
Such changes shall in no way invalidate the contract.
The Owner, through the Engineer, reserves the right to terminate the contract as it applies to
the item or items in question and to make such arrangements as he may deem necessary to
complete such item or items of work.
No allowance for anticipated profits will be made.
19. CHANGES IN THE WORK
The Owner, to the extent authorized by law, may order extra work or make changes by
altering, adding to, or deducting from the work without invalidating the contract, and the
contract sum will be adjusted accordingly. No such order for extra work or change shall be
valid unless authorized by official action of the Owner and communicated to the Contractor in
writing. All such work shall be executed under the conditions of the original contract, except
that any claim for extension of time caused thereby shall be adjusted at the time of ordering
such change.
The value of any authorized extra work or changes shall be determined for purposes of
compensating the contract in one or more of the following ways:
A. By unit prices named in the contract wherever such unit prices are applicable to
the extra work or change;
B. By an acceptable lump sum proposed from the Contractor;
20. CLAIMS AND PROTESTS
If the Contractor claims that any instructions by drawings or otherwise to be unfair or involve
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extra cost under this contract for which he would claim extra compensation, he shall give the
Engineer written notice thereof within a reasonable time after the receipt of such instructions
and in any event before proceeding to execute the work except in emergency endangering life
or property, and the procedure shall then be as provided for changes in the work. No such
claim will be valid unless so made.
21. SUPERINTENDENCE AND SUPERVISION
The Contractor shall keep on his work during its progress a competent superintendent and any
necessary assistants, all satisfactory to the Engineer. The superintendent shall not be changed
except with the consent of the Engineer unless the superintendent proves unsatisfactory to the
Contractor and ceases to be in his employ. The superintendent shall represent the Contractor in
his absence, and all directions given to him shall be as binding as if given to the Contractor.
Important directions shall be confirmed in writing to the Contractor. Other directions shall be
so confirmed on written request in each case.
22. INSPECTION OF WORK
The Engineer and his representatives shall at all times have access to the work wherever it is in
preparation or progress.
23. DELAYS AND EXTENSION OF TIME
If the Contractor is delayed at any time in the progress of the work by an act or neglect of the
Owner or the Engineer or any employee of either or by any other Contractor employed by the
Owner, or by changes order in the work, or by strike, fire, unusual delay in transportation,
unavoidable casualties, or other causes beyond the Contractor's control, or by any cause which
the Engineer shall decide to justify the delay, then the time of completion shall be extended for
such reasonable time as the Owner may decide; and the decision of the Owner shall be binding
on both parties and shall not be arbitrary or unreasonable. No such extension shall be made for
delay unless claim therefore is made in writing to the Engineer within seven (7) days after the
period of delay shall have commenced. The Contractor shall not be entitled to extension of
time for each one of several causes of delay operative concurrently, but only for the actual
period of delay, nor shall the Contractor be entitled to an extension for causes of delay if one of
such causes for which extension is authorized above. The Contractor shall have no claim for
damages against the Owner for delay in performance of the contract due to any act or omission
of the Owner of any of its representatives, and his sole remedy on account thereof shall be his
right to apply to the Engineer for extension ohime as provided herein.
24. CORRECTION OF WORK BEFORE FINAL PAYMENT
The Contractor shall promptly remove from the premises all materials condemned by the
Engineer as failing to conform to the contract, whether incorporated in the work or not, and the
Contractor shall promptly replace and re-execute his own work in accordance with the contract
documents and without expense to the Owner and shall bear the expense of making good all
work of the other contractors destroyed or damaged by such removal or replacement.
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All materials not conforming to the requirements of these specifications shall be considered as
defective; and all such materials, whether in place or not, will be rejected and shall be removed
immediately from the right-of-way unless otherwise permitted. No material which has been
rejected, the defects of which have been corrected or removed, shall be used until approval has
been given. If the Contractor does not remove such condemned work and materials within a
reasonable time fixed by written notice, the Owner may remove them and may store the
material at the expense of the Contractor.
If the Contractor does not pay the expense of such removal within ten (10) days thereafter, the
Owner may upon ten (10) days' written notice sell such materials at auction or at private sale
and shall account for the net proceeds thereof after deducting all the cost and expenses that
should have been borne by the Contractor.
25. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final certificate, nor payment, nor any provision of the contract documents shall
relieve the Contractor of responsibility for faulty material or workmanship; and unless
otherwise specified, he shall remedy any defects due thereto and pay for any damage to other
work resulting there from which shall appear within a period of one year from the date of final
approval and acceptance by the Owner. The Owner shall give notice of observed defects with
reasonable promptness. All questions arising under this article shall be decided by the
Engineer.
26. FAILURE TO COMPLETE WORK ON TIME
The Contractor guarantees that he can and will complete the work within the time limit stated
in the agreement or within the time as extended as provided elsewhere in the contract
documents. In as much as the damage and loss to the Owner which will result from the failure
of the Contractor to complete the work within the stipulated time will be most difficult or
impossible of accurate assessment, the damage to the Owner for such delay and failure on the
part of the Contractor shall be liquidated at a daily rate in an amount as specified in the special
provisions for each calendar day, Sundays and holidays included, by which the Contractor shall
fail to complete the work or any part thereof in accordance with the provisions hereof, and such
liquidated damages shall not be considered as a penalty. The Owner will deduct and retain out
of any money due or becomes due hereunder the amount of liquidated damages; and in case
those amounts are less than the amount ofliquidated damages, the Contractor shall be liable to
pay the difference upon demand.
Permitting the Contractor to continue and finish the work or any part of it after the time fixed
for its completion or after the date to which the time for completion may have been extended
shall in no way operate as a waiver on the part of the Owner of any of its rights under the
contract.
Neither by the taking over of the work by the Owner nor by the termination of the contract
shall the Owner forfeit the right to recover liquidated damages from the Contractor or his
surety for failure to complete the contract.
27. THE RIGHT OF THE OWNER TO DO THE WORK
If the Contractor should neglect to prosecute the work properly or fail to perform any provision
of the contract, the Owner, after three (3) days' written notice to the Contractor, may, without
prejudice to any other remedy the Owner may have, make good such deficiencies and may
deduct the cost thereof from the payment then or thereafter due the Contractor provided,
however, that the Engineer shall approve both such action and the amount charged to the
Contractor.
28. SCOPE OF PAYMENT
The Contractor shall receive and accept the compensation as herein provided in full payment
for furnishing all materials, labor, tools, equipment, royalties, fees, insurance, permits, bonds,
etc., and for performing all work contemplated and embraced under the contract, and also for
all loss or damage arising out of the nature of the work or from the action of the elements until
its final acceptance by the Owner, and for all risks connected with the prosecution of the work,
and also for all expenses incurred by or in consequence of the suspension or discontinuance of
said prosecution of the work as herein specified and for completing all of the work embraced in
the contract.
The Contractor shall under this contract price furnish and pay for all material and incidental
work, furnish all accessories, and do everything which may be necessary to carry out the
contract in good faith, which contemplates everything completed in good working order and of
good material with accurate workmanship.
29. APPLICATION FOR PAYMENTS
The Contractor shall submit to the Engineer an application for each payment verified as
required by law for claims against the Owner and, if required, receipts or other vouchers
showing his payments for materials and labor, including payments to subcontractors.
Application for progress payments authorized by the contract may be submitted monthly at
least ten (10) days before each payment falls due and, ifrequired, the Contractor shall, before
the first application, submit to the Engineer a schedule of values of the various parts of work,
including the quantities aggregating the total sum of the contract divided so as to facilitate
payments to subcontractors made out in such form and supported by such evidence as to its
correctness as the Engineer may direct. In applying for payments, the Contractor shall submit
a statement based upon this schedule, supported by such evidence as the Engineer may direct,
showing his right to payment claimed. Payment claimed on account of materials delivered and
suitably stored at the site but not incorporated in the work shall, if required by the Engineer, be
conditioned upon submission by the Contractor of bills of sale or such procedure as will
establish the title of the Owner to such material or otherwise adequately protect the interest of
the Owner. The Engineer will examine claims for payment promptly, and his determination of
the amount due on progress payment will be final. Materials delivered and paid for but not
installed must be secured. Payments for materials shall not exceed eighty percent (80%) of
their value.
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30. PARTIAL PAYMENT
Unless payments are withheld by the Owner for reasons hereinbefore stated, payment will be
made at least once a month on a basis of ninety-five percent (95%) of the work done provided
the work is progressing to the satisfaction of the Engineer.
Monthly estimates may include the value of acceptable materials required in the construction
which have been delivered on the site of the work or adjacent railway siding and for which
acceptable provisions have been made for their preservation and storage. From the total value
of the materials so reported, five percent (5%) will be retained. Such material, when so paid
for by the Owner, shall become the property of the Owner; and in the event of the default on
the part of the Contractor, the Owner may use or cause to be used such materials in the
construction of the work provided for in the contract. The amount thus paid by the Owner for
materials shall go to reduce estimates due the Contractor as the material is used in the work.
Vouchers will be passed for payment by the Owner not later than the tenth (lOth) of the
following month unless delayed by requirements for examination or auditing by other
authorities.
31. CERTIFICATES OF PAYMENT
If the Contractor has made application as above, the Engineer shall, not later than the date
when each payment falls due, issue to the Contractor a certificate for such amount as he
decides to be properly due.
No certificate issued nor payment made to the Contractor, not partial, or entire, use, or
occupancy of the work by the Owner, shall be acceptance of the work or materials not in
accordance with this contract.
32. PAYMENTS WITHHELD
The Owner may withhold, in addition to retained percentages, from payment to the Contractor
such an amount or amounts as may be necessary to cover:
A. Defective work not remedied;
B. Claims for labor or materials furnished the Contractor or subcontractor or
reasonable evidence indicating probable filing of such claims;
C. Failure of the Contractor to make payments properly to subcontractors or for
material or labor;
D. A reasonable doubt that the contract can be completed for the balance then
unpaid;
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E. Evidence of damage alleged to be caused by the Contractor to other persons or
property in connection with the work under the Contractor for which claim has
been or will be asserted against the Contractor, the Owner, or the Engineer.
The Owner may disburse and shall have the right to act as agent for the Contractor in
disbursing such funds as have been withheld pursuant to this paragraph to the party or parties
who are entitled to payment therefrom, but the Owner assumes no obligation to make such
disbursement. The Owner will render to the Contractor a proper accounting of all such funds
disbursed.
33. FINAL INSPECTION
The Engineer will make final inspection of all work included in the contract of any portion
thereof as soon as practicable after notification by the Contractor that such work is nearing
completion. If such work is not acceptable to the Engineer at the time of his inspection, he will
advise the Contractor in writing as to the particular defects to be remedied before such work
can be accepted. If within a period of ten (10) days after such notification the Contractor has
not taken steps to speedily complete the work as directed, the Engineer may, without further
notice and without in any way impairing the contract, make such other arrangements as he may
deem necessary to have. such work completed in a satisfactory manner. The cost of so
completing such work shall be deducted from any monies due or which may become due the
Contractor on his contract.
34. FINAL PAYMENT
Upon completion of the work and its acceptance by the Engineer, the Engineer will prepare a
final estimate containing complete quantities of each and every item of work performed by the
Contractor and the value thereof. Upon acceptance of said final estimate by the Contractor, the
Engineer will certify in writing to the Owner as to the completion and his acceptance of the
work and to the entire amount and value of each and every item of work performed in
accordance with the terms of the contract. Unless as herein provided, the Owner will accept
the certificate and final estimate for final payment and will notify the Contractor and his surety
or sureties of the acceptance of the work. The action of the Owner and the Engineer by which
the Contractor is to be bound and the contract concluded according to the terms thereof shall be
evidenced by the aforesaid certificate and final payment. All prior certificates or estimates
upon which payments may have been made are merely partial estimates and subject to
correction in the final payment.
Before final payment is made for the work on this project, the Contractor must make a
satisfactory showing that he has complied with the provisions of Minnesota Statutes Annotated
290.92 requiring the withholding of state income tax for wages paid employees on this project.
Receipt by the clerk of the Owner of a certificate of compliance from the Commissioner of
Taxation will satisfy this requirement. The Contractor is advised that before such certificate
can be issued, he must first place on file with the Commissioner of Taxation an affidavit that
he has complied with the provisions of M.S.A. 290.92. The required affidavit form will be
supplied by the Commissioner of Taxation, Centennial Building, 8t. Paul, Minnesota 55101, on
request.
Final payment will not be made until the Contractor shall have filed with the Owner evidence
in the form of an affidavit and such other evidence as may be required that all claims against
him by reasons of the contract have been fully paid or satisfactorily secured. In case such
evidence is not furnished, the Owner may retain out of any amount due said Contractor sums
sufficient to cover all claims unpaid.
35. NO WAIVER OF LEGAL RIGHTS
The Owner or its Engineer shall not be precluded or stopped by any measurement, estimate, or
certificate made or given by them or by any of their agents or employees, under any provision
or provisions of the contract, any time either before or after the completion and acceptance of
the work and payment thereof pursuant to any measurements, estimate, or certificate, from
showing at any time that any such measurements, estimate, or certificate is untrue or
incorrectly made in any particular, or that the work or materials or any part thereof do not
conform in fact to specifications and contract, and the Owner shall have the right to reject the
whole or any part of the aforesaid work or material should the said measurement, estimate,
certificate, or payment be found or be known to be inconsistent with the terms of the contract
or otherwise improperly given, and the Owner shall not be precluded or stopped
notwithstanding any such measurement, estimate, certificate and payment in accordance
herewith from demanding and recovering from the Contractor and his surety such damages as
it may sustain by reasons of his failure to comply with the terms of the specifications and
contract.
Neither the acceptance of the Owner or its Engineer or any of their agents or employees, nor
any certificates by the Engineer for payment of money, nor any payment for, nor acceptance of
the whole or any part of the work by the Owner or its Engineer, nor any extension of time, nor
any possession taken by the Owner or its employees shall operate as a waiver of any portion of
the contract or any power herein reserved by the Owner or any right to damages herein
provided, nor shall any waiver of any breach of the contract be held to be a waiver of any other
or subsequent breach.
36. MATERIALS
Unless otherwise specified, all materials shall be new, and both workmanship and material
shall be of good quality. The Contractor shall, if required, furnish satisfactory evidence as to
the kind and quality of materials or tools used by him.
The source of supply of the materials to be used shall be approved by the Engineer before
delivery is started. The approval of the source of any material will stand only so long as the
material itself conforms to the specifications. Only materials conforming to the requirements
of these specifications shall be used in the work. The source of any material shall not be
changed at any time without the written approval of the Engineer. The Contractor may be
required at any time to furnish a complete statement of the original composition and
manufacturer of any or all materials required in the work or to submit samples of the same.
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Materials shall be stored so as to insure the preservation of their quality and fitness of the
work; and such materials, even though approved before storage, shall be subject to test and
must meet the requirements of these specifications at the time it is proposed to use them in the
work. Materials shall be stored in a manner that will facilitate inspection.
The portion of the site or right-of-way not required for public travel may, with the consent of
the Engineer, be used for storage purposes and for the placing of the Contractor's plant and
equipment; but any additional space required, unless otherwise stipulated, shall be provided by
the Contractor at his expense.
All materials, supplies, and articles furnished shall, whenever so specified and otherwise
wherever practicable, be the standard stock products of recognized reputable manufacturers.
From the commencement of the work until the completion of the same, the Contractor shall be
solely responsible for the care of the work covered by this contract and for the materials
delivered at the site intended to be used in work, and all injury or damage to the same from
whatever cause shall be made good at his expense before the final estimate is made. He shall
provide means of protection for and shall protect all materials intended to be used in the work
and all work in progress as well as completed work. He shall take all necessary precautions to
prevent injury or damage to the work in progress of construction by flood, freezing, or from
inclemency's of the weather at any and all times, and only approved methods shall be used for
this purpose.
When tests of materials are necessary, such tests shall be made by and at the expense of the
Contractor unless otherwise provided. The Contractor shall afford such facilities as the
Engineer may require for collecting and forwarding samples and shall not use the materials
represented by the samples until tests have been made and the materials have been found to
satisfy the requirements of these specifications. The Contractor in all cases shall furnish the
required samples without charge.
All materials not conforming to the requirements of these specifications shall be considered as
defective and all such materials, whether in place or not, will be rejected and shall be removed
immediately from the right-of-way unless otherwise permitted. No material which has been
rejected, the defects on which have been corrected or removed, shall be used until approval has
been given.
If the Contractor does not remove such condemned work and materials within a reasonable
time fixed by written notice, the Owner may remove them and may store the materials at the
expense of the Contractor. If the Contractor does not pay the expense of such removal within
ten days thereafter, the Owner may, upon ten days' written notice, sell such materials at auction
or private sale and shall account for the net proceeds thereof after deducting all the costs and
expenses that should have been borne by the Contractor.
The Contractor shall promptly remove from the premises all materials condemned by the
Engineer as failing to conform to the contract whether incorporated in the work or not, and the
Contractor shall promptly replace and re-execute his own work in accordance with the contract
Should the Contractor fail or refuse to remove or renew any defective work performed
previously or to make any necessary repairs in an acceptable manner and in accordance with
the requirements of these specifications within the time indicated in writing, the Engineer shall
have the authority to cause the unacceptable or defective work to be removed and renewed or
repaired at the Contractor's expense. Any expense incurred by the Owner in making these
removals, renewals, or repairs which the Contractor has failed or refused to make shall be paid
for out of any monies due or which may become due the Contractor or may be charged against
the "contract bond" deposited; and continued failure or refusal on the part of the Contractor to
make any or all necessary repairs promptly, fully, and in an acceptable manner shall be
sufficient cause for the Owner at his option to purchase materials, tools, and equipment, and
employ labor or to contract with any other individual, firm, or corporation to perform the work.
All costs and expenses incurred thereby shall be charged against the Contractor and the amount
thereof deducted from any monies due or which may become due him under this contract or
shall be charged against the "contract bond" deposited. Any work performed as described in
this paragraph shall not relieve the Contractor in any way from his responsibility for the work
performed by him.
documents without expense to the Owner and shall bear the expense of making good all work
of the other contractors destroyed or damaged by such removal or replacement.
37. DEFECTIVE WORK
All work not conforming to the requirements of these specifications shall be considered as
defective and will be rej ected. The Contractor shall remove and renew or repair all such
defective work as ordered in writing by the Engineer.
The Owner shall also have authority to take over and use defective work without compensation
to the Contractor when the Contractor fails or refuses to rebuild such faulty work.
38. PROTECTION OF THE WORK
The Contractor shall furnish, erect, and maintain good and sufficient lighted barricades at all
approaches to the work and as necessary to protect the work and the public. He shall protect
all portions of the ball field improvements from damage or defacement and shall keep all
traffic and extraneous loads off the non roadway portions of the ball fields.
No trees or bushes shall be cut except upon the specific authority of the Engineer. Trees and
bushes adjacent to the work shall be protected from all damage by the construction operations.
39. DAMAGE TO EXISTING IMPROVEMENTS
All damage done to existing improvements during the progress of this improvement shall be
repaired by the Contractor under the direction of the Engineer. Such repairs shall be made
according to the requirements of the city.
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40. PROTECTION AND RESTORATION OF PROPERTY
The Contractor shall not enter upon private property for any purpose without having previously
obtained permission from the Owner. The Contractor shall be responsible for the preservation
of and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns,
fences, culverts, bridge, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines;
all conduits, all overhead pole lines or appurtenances thereof; and all other public or private
property along or adjacent to the work.
The Contractor shall notifY the proper representatives of any public utility, corporation, and
company or individual not less than 48 hours in advance of any work which might damage or
interfere with the operation of their or his property along or adj acent to the work. The
Contractor shall be responsible for all damages or injury to property of any character resulting
from any act, omission, neglect, or misconduct in the manner or method of executing the work,
or due to his non-execution of the work., or at any time due to defective work or materials. He
shall restore or have restored at his own cost and expense such property to a condition similar
or equal to that existing before such damage or injury was done by repairing, rebuilding, or
otherwise restoring as may be directed; or he shall make good such damage from injury in a
manner acceptable to the Owner or the Engineer. In case of failure on the part of the
Contractor to restore such property or make good such damage or injury, the Engineer may,
upon 48 hours' written notice under ordinary circumstances and without notice when a
nuisance or hazardous condition results, proceed to repair, rebuild, or otherwise restore such
property as may be determined necessary, and the cost thereof will be deducted from any
monies due to the Contractor under this contract. If not so deducted, the Contractor will be
obligated to forthwith reimburse the Owner for the cost thereof.
Prior to construction, the Contractor shall obtain field locations or other assistance as may be
required to determine the existence and location of gas main and other utilities, as well as
public utilities of the City or state which may be underground or overhead within the ball field
and adjacent street and highway right-of-way or within easements and which may be interfered
with under this contract.
Existing underground, surface, or overhead structures are not necessarily shown on the plans,
and those shown are only approximately correct; and no responsibility is assumed by the
Owner or the Engineer for the accuracy of location. The Contractor shall make such
investigations as are necessary to determine the extent to which existing structures may
interfere with the work contemplated under this contract.
The Contractor shall not claim or be entitled to receive compensation for any damages
sustained by reason of the inaccuracy or the omission of any of the information given on the
drawings relative to the surface, overhead, or underground structures, or by reason of his
failure to properly protect and to maintain structures.
41. PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHTS-OF-
WAY
For the performance of the contract, the Contractor will be permitted to occupy such portions
of 4th St Park as permitted by the Engineer. A reasonable amount of tools, materials, and
equipment for construction purposes may be stored at such space but not more than is
necessary to avoid delays in the construction. Excavated and waste materials shall be piled or
stacked and disposed of as soon as possible. Any additional grounds desired by the Contractor
for his use shall be provided by him at his own cost and expense.
Where the work encroaches upon any right-of-way of any state highway, the Owner will secure
the necessary easement or permit for the work.
42. WORK DURING INCLEMENT WEATHER
If the Contractor performs fence installation operations during periods of or immediately
following rain or scattered showers, he shall be liable for all cleanup, mitigative work, and
repairs or replacement of turf or other improvements as necessary. The Contractor shall not be
entitled to extra compensation for this work.
43. NIGHT WORK
No work shall be performed after 7 p.m. or prior to 7 a.m. without authorization from the City.
44. USE OF EXPLOSIVES
No explosives may be used.
45. NOISE ELIMINATION
The Contractor shall eliminate noise to as great an extent as possible at all times. Air
compressing equipment shall be equipped with silencers, and the exhausts of all gasoline
motors or other power equipment shall be provided with mufflers.
46. WATER
The Contractor shall make arrangements with the proper village or city officials and/or private
parties for obtaining any water which may be needed. Water shall be provided at no charge.
47. SANITARY PROVISIONS
The Contractor shall comply with all laws, rules, and regulations of the state and local health
authorities and shall take the necessary precautions to avoid unsanitary conditions.
48. FOSSILS
If any fossils or treasure or other unusual or valuable geological formations are found in the
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progress of excavating, such fossils, treasure, or samples of geological formations shall be
carefully preserved by the Contractor, who shall convey such items to the Engineer. These
items shall become the property of the Owner.
49. ACCIDENT PREVENTION
Precaution shall be exercised at all times for the protection of persons (including employees)
and property. The safety provisions of applicable laws, building, and construction codes shall
be observed.
50. LABOR
None but competent labor shall be employed on this work. Wherever mechanical work is
required, it shall be performed by skilled labor.
The foreman or other person directing the work shall be competent, sober, and reliable, and
shall extend every facility to the Engineer to enable him to properly discharge his duties and
shall furnish such help as may be necessary to facilitate the inspection of materials.
The Contractor will not be allowed added compensation for any work performed on Saturdays,
Sundays, or legal holidays.
51. DISCRIMINATION BASED ON RACE, CREED, OR COLOR PROHIBITED IN
CONTRACT
"Every contract for or on behalf of the Owner shall be deemed to contain provisions by which
the Contractor agrees:
1. That in the hiring of common or skilled labor for the performance of any work
under any contract or any subcontract hereunder, no Contractor, material supplier,
or vendor shall, by reason of race, creed, or color discriminate against the person
or persons who are citizens of the United States who are qualified and available
to perform the work to which such employment relates;
2. That no Contractor, material supplier, or vendor, shall in any manner discriminate
against or intimidate or prevent the employment of any such person or persons, or
on being hired prevent or conspire to prevent any such person or persons from the
performance of work under any contract on account of race, creed, or color;
3. Any violation of this section shall be a misdemeanor; and
4. That this contract may be canceled or terminated by the Owner, and all money
due or to become due hereunder may be forfeited for a second or any subsequent
violation of the terms of conditions of this contract." (Section 181.59 Minnesota
Statutes)
Prior to final payment on the project the Contractor shall provide a separate warranty bond to
cover the warranty period. The Contractor shall be held responsible for any and all defects in
workmanship or materials which may be developed in any part of the entire installation
furnished by him and upon written notice by the Engineer shall immediately replace and make
good without expense to the Owner any such faulty materials including installation and
damage done by reason of same during the period of two (2) years from the date of final
approval and acceptance of the installation by the Owner.
52. SITES TO BE KEPT CLEAN
The Contractor shall clean and keep clean from waste materials or refuse resulting from his
operations, the site of work, the streets, the work, and public property occupied by him.
Equipment not usable on the work shall be promptly removed and the adjacent premises
maintained in a neat and orderly condition at all times. Advertising signs in general will not be
permitted on the work.
Upon completion of the work and before acceptance and final payment shall be made, the
Contractor shall remove from the street and adjacent property all surplus and discarded
materials from the work sites, including, equipment, rubbish, and temporary structures; restore
in an acceptable manner all property, both public and private which has been damaged during
the prosecution of the work; and shall leave the site in a neat and presentable condition.
53. MEASUREMENTS
Before ordering any material or doing any work, each Contractor shall verify all
measurements, elevations, and shall be responsible for the same. Special care shall be taken to
follow the existing grade without stepping the fence.
No extra charge or compensation will be allowed on account of difference between actual
dimensions and measurements indicated on the drawings; any difference which may be found
shall be submitted to the Engineer for consideration before proceeding with the work.
U.S. standard measures will be used in the measurement of all work acceptably completed, and
such measurements will be used as a basis for the computation of the quantities of work
performed. Linear measurements will be taken horizontally on all work except structures
which will be measured according to the neat lines shown on the plans or as ordered. Where
work is to be paid for by units oflength, area, volume, or weight, only the net amount of work
actually done as it shall appear in the finished work and measured as hereinafter specified shall
be paid for, local customs to the contrary notwithstanding. For the estimating of quantities in
which the computation of areas by geometric methods would be comparatively laborious, it is
stipulated and agreed that the planimeter shall be considered an instrument of precision adapted
to the measurement of such areas.
54. GUARANTEE
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Should the Contractor fail to make good the defective parts within a period of thirty (30) days
of such notification (weather permitting) after written notice has been given him, the Owner
may replace these parts charging the expense of same to the Contractor.
F:\AOMII>l\WmdPro<;\PARKS DEPnSpece\4TH STREET PARKING LOT - 2007 - SPECS.doc
- PAGE 30 OF 36 -
SPECIAL PROVISIONS
FOR
4TH STREET PARK PARKING LOT MILL AND OVERLAY
CITY PROJECT #2007-14C
FOR THE
CITY OF MONTICELLO, MINNESOTA
-INDEX-
ITEM PAGE
1. General....... ... ............ ... .............................. ...... ................. ............ ....... .......................... ....34
2. Owner............ .... ...... ..... ...................... .... .......... ...... .......... .................... .... ...................... ... .34
3. Starting and Completion Dates ..........................................................................................34
4. Failure to Complete Work .................................................................................................34
5. Scope and Order of Work ..................................................................................................34
6. Traffi c Control................................................................................................................... 3 5
7. Certificate of Compliance with Minnesota Withholding Tax............................................35
F:\AOMINlWortiProc\PARKS DEPnSpecsl4TH STREET PARKING LOT. 2001. SPECS.doe
- PAGE 31 OF 36 -
SPECIAL PROVISIONS
FOR
4TH STREET PARK PARKING LOT MILL AND OVERLAY
CITY PROJECT #2007-14C
FOR THE
CITY OF MONTICELLO, MINNESOTA
I. GENERAL
This project involves the parking lot in 4th St Park, located in the city of Monticello.
2. OWNER
City of Monticello, 505 Walnut Street, Monticello, Minnesota 55362.
3. STARTING AND COMPLETION DATES
The Contractor shall commence work within ten (10) calendar days after receipt of notification
to proceed from the City (manufacturing or ordering of materials). Notice to proceed is
expected to occur on September 27,2007.
All work to be constructed under this project shall be completed, in place, including clean-up,
and accepted by October 31, 2007.
4. FAILURE TO COMPLETE WORK
Should the Contractor fail to complete and have accepted all the work on or before the
established completion date, the sum of Fifty Dollars ($50.00) per calendar day, including
Sundays and holidays, shall be deducted from any monies due, not as a penalty, but as
liquidated damages, all in accordance with Article 26 of the General Conditions of these
Contract Documents.
5. SCOPE AND ORDER OF WORK
The work under this project shall consist of furnishing all necessary men, equipment, labor and
materials to construct the parking lot, and walkways as shown on the drawings or as specified
herein.
Project is located in the city of Monticello on the south side of Interstate 94, off of Innsbrook
Drive in the Groveland Development. (shown on a detailed sheet)
The Contractor may schedule the order of work as he deems necessary; however, the
Contractor shall submit to the City the construction schedule prior to the start of construction.
F:\AOMIMWOldProc\PARKS DEPTlSp8Cll\4TH STREET PARKING LOT. 2007 _ SPECS.doc
- PAGE 32 OF 36-
Before final payment is made for the work on this project, the Contractor must make a
satisfactory showing that he has complied with the provisions of Minnesota Statutes
Annotated 290.92 requiring the withholding of state income taxes paid the employees on this
project. Receipt by the City of a certificate of compliance from the Commission of Taxation
will satisfy the requirement.
6. TRAFFIC CONTROL
The Contractor, when using adjacent streets for equipment storage, shall furnish and place
sufficient signs, barricades, and flashes to adequately control and/or direct traffic, which shall
be placed as directed by the City.
7. CERTIFICATE OF COMPLIANCE WITH MINNESOTA WITHHOLDING
TAX
Final payment will not be made until the Contractor shall have filed with the Engineer
evidence in the form of an affidavit of such other evidence as may be required that all claims
against him by reason of the contract have been fully paid or satisfactorily secured. In case
such evidence is not furnished, the Owner may retain out of any monies due said Contractor
sums sufficient to cover all liable claims unpaid.
F:IAOMlN\WordProoI,PARKS DEPT\S~\4TH STREET PARKING LOT - 2001- SPECS.doc
- PAGE 33 OF 36 -
CONTRACT FOR CONSTRUCTION
FOR
4TH STREET PARK PARKING LOT MILL AND OVERLAY
CITY PROJECT #2007-14C
FOR THE
CITY OF MONTICELLO, MINNESOTA
THIS AGREEMENT, made and entered into as of this day of ,2007
by and between the City of Monticello, Minnesota, a municipal corporation under the laws of
the state of Minnesota, hereinafter referred to as the "Owner", and hereinafter
referred to as the "Contractor", WITNESSETH:
That in consideration of their mutual covenants and agreements as hereinafter set forth,
the Owner for itself and the Contractor for itself, its successors and assigns, covenants and
agrees as follows, to wit:
1. The Contractor agrees to furnish all the necessary materials, labor, use of tools,
equipment, plant, and every other thing necessary to perform the work designated and referred
to in this Contract, including all Contractor's superintendence and to furnish everything
necessary for the completion of the improvement which is the subject of this Agreement
(except such things as the Owner has specifically agreed to provide according to the Contract
Documents), and agrees under penalty of a public contractor's corporate sUTety bond in the
amount of to perform and complete the work shown in the Specifications for
4th Street Park Parking Lot Mill and Overlay for the City of Monticello, Minnesota, and dated
August 29, 2007 and to conform in all respects with the provisions and requirements of the
General Conditions and Special Provisions prepared by the City of Monticello and dated
August 29, 2007.
F:\ADMIN\WordP",elPARKS DEPliSpecs\4TH STREET PARKING LOT - 2007 - SPECS doc
- PAGE 34 OF 36 -
2. The Contractor agrees that performance shall be in accordance with the terms,
requirements, and conditions of this instrument, and laws of the state of Minnesota, and the
following documents:
Advertisement for Proposals for said improvement for the Owner.
Proposal by the Contractor presented to the Council of the Owner
and accepted by the Owner on
Contract Documents for said improvement dated August 29, 2007 referred to in
the preceding paragraph of this Agreement and made a part of the aforementioned Proposal.
Plans and Drawings for said improvement as identified in the preceding
paragraph of this Agreement and which are dated August 29, 2007.
Any Addenda to the plans, drawings, general conditions, and specifications for
said improvement, which addendum was prepared by the City of Monticello.
Public Contractor's Surety and Payment Bond in the principal sum of the
amount of the proposal to be provided to the City of Monticello within seven (7) days of the
received award of proposal letter.
Each and all of the aforementioned Contract Documents are hereby incorporated into
this Agreement by specific reference, and the terms and provisions thereof are and constitute a
part of this Agreement as though attached hereto or fully set forth herein.
3. The Owner agrees to pay the Contractor for the performance of this Agreement,
and the Contractor agrees to accept in full compensation therefore the sums set forth within the
aforementioned Proposal of the Contractor for each unit and each type of unit of work to be
performed. It is understood and agreed that the said Proposal is for the construction of said
improvement on a unit price basis in accordance with said Proposal, and that sum of
as set out in said Proposal is the sum of
the unit prices multiplied by the estimated quantities of the respective units of work listed
therein.
- PAGE 35 OF 36-
F:\AOMlNl,WordF'roc:\PARKS OeP1iSp9C!l\4TH STREET PARKING LOT. 2007. SPECS.doc
F:\ADMINIWordProc\PARKS DEPT\Spece\4TH STREET PARKING LOT - 2001. SPECS.doc
- PAGE 36 OF 36 -
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the
day and year first above written.
CONTRACTOR
OWNER
Citv of MonticeUo
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City Council Agenda - 09/10/07
5J. Consideration of a reQuest for Preliminary Plat approval and a Variance for First
Minnesota Bank CommerciaL a two lot subdivision in the CCD District. Applicant:
First Minnesota Bank. (NAC/ AS)
A. REFERENCE AND BACKGROUND:
The Planning Commission reviewed this item at their September 4'\ 2007 meeting and
recommended approval of the preliminary plat with amended conditions.
The applicant presented an alternative access arrangement for Highway 25, which was
staff and the Commission's primary concern. The new access configuration would allow
traffic to make a right-in only off of north-bound Highway 25. Right-out onto Highway
25 and left turn ingress from Highway 25 would be prohibited. Pavement painting and
signage would address the new traffic condition. Planning Commission also made the
proposed access condition contingent on MN/DoT approval.
The site plans previously prepared reflect that applicant would be adding a new access
on 4th Street, while maintaining the exit only drive-through condition onto 4'h Street and
the single-family residence access onto 4th.
In summary, Planning Commission and staff believe that the applicant's proposal is
acceptable and recommended approval of the plat. The Planning Commission approved
the variance, also subject to Exhibit Z. No action by Council is required on the
variance.
First Minnesota Bank is requesting Preliminary Plat approval for a two lot subdivision. The
applicant is also requesting approval of a variance to minimum street frontage required for an
additional curb cut. The subject site is located in the southeast comer of the intersection of
Highway 25 and 4th Street East. The site is 43,771 square feet in size and is zoned CCD,
Central Community District.
Comorehensive Plan: Monticello's Comprehensive Plan designates this area for a mix of
land uses.
Zonimz: The subject site is zoned CCD, Central Community District. The purpose of the
CCD District is to implement the plans and policies of the Monticello Downtown
Revitalization Plan as that Plan is designed to provide for the establishment and continuation
of a traditional downtown area in Monticello's primary commercial core. The district will
contain a mix of land uses which can compatibly coexist with requirements based upon
enhancement of the district's natural features and mitigation ofland use conflicts between
differing uses. All proposed uses in the CCD District will be evaluated against the goals and
objectives of the Monticello Downtown Revitalization Plan as adopted and as may be
amended by the City Council.
ANALYSIS
The applicant is proposing to consolidate three existing lots for the purpose of subdividing
them into two lots. The site is currently platted as lots 7, 8, 9, and 10 of Block 16 of the
original Monticello Plat. The applicant is proposing to plat the site as Lot I, Block 1 and Lot
Council Agenda - 09/10/07
2, Block 1 of First Minoesota Bank Commercial. Lot 1, Block I is approximately 35,684
square feet in area. Lot 1, Block 2 is approximately 8,087 square feet in area.
In a narrative submitted by the applicant, it states that the subdivision is being proposed to
provide a new entrance into First Minoesota Bank. Currently, traffic into the site utilizes an
existing access of Highway 25. A second access is located off 4th Street East, intended for use
as an exit from the drive through. This access is prefaced with a "DO NOT ENTER" sign
facing 4th Street. The applicant has cited safety concerns with this configuration, as cars often
attempt to enter the site from the 4th Street access, interfering with traffic exiting the drive
through lanes.
The proposed Lot 1, Block 1 contains the First Minoesota Bank, accessory parking and drive
through facilities, a garage, and three sheds. The proposed Lot 2, Block 1 contains a single
family home. As part of the project, the applicant is proposing to move the garage onto Lot 2.
All three sheds will be demolished and removed. The applicant is also proposing to remove a
632 square foot gravel area in the northeast comer of the site and four fence sections.
Parking. The existing bank building is approximately 5,024 square feet in area. The parking
lot accessory to the use contains 19 stalls. A minimum of 25 spaces is required for the use.
A reduction to the required number of parking stalls was approved as part of the initial CUP
for the site to allow a larger public open space. The applicant is now proposing to construct 8
additional parking stalls to the east, for a total of27 stalls. The applicant is therefore
satisfying the minimum requirement.
The applicant is proposing to remove 171 square feet of existing bituminous in the southwest
comer of the site, and 74 square feet of bituminous to the east. These areas will be
reconstructed to match the existing elevation of the pavement as the parking lot transitions
into the proposed drive access.
Off-street parking for the single family home on Lot 2, Block 1 is accommodate by a garage
and driveway. The applicant is proposing to remove 1,736 square feet of concrete on this site.
Access to the garage will be provided by the existing driveway.
Lot Requirements and Setbacks. The subject site is identified in the Monticello Downtown
Revitalization Plan as being within the Pine District. Performance requirements for this area
include a minimum 20 foot setback from the right-of-way. The existing conditions on the
bank site are not changing as a result of the subdivision. The bank building is setback
approximately 20 feet from the right of way.
The single family home is setback approximately 27 feet from the right-of-way. The new
garage location is setback 6 feet from the side lot line.
Landscaping. No additional landscaping is proposed as part of the project. However, staff
recommends that the applicant provide plantings along the east side ofthe proposed drive, in
addition to the six foot fence. Evergreen trees or similar dense plantings in this area will
further assist in buffering the proposed driveway from the single family home to the east.
Staff recommends that the applicant also provide plantings on the west side ofthe proposed
driveway, adjacent to the existing single family home on Lot 2, Block 1.
2
Council Agenda - 09110/07
Lighting. No photometric plan was submitted with the application. Therefore, it appears as
though no additional lighting is proposed for the site. Any lighting proposed for the site shall
be required to comply with Chapter 3 Section 2-H of the Zoning Ordinance.
Signage. No additional signage has been proposed as part of the application package.
Access and Circulation. As stated above, the bank site currently has access off Highway 25
to the west side of the site, and off 4th Street on the north side of the site. The 4th Street access
is intended for egress, for cars exiting the drive through lane. As stated above, the applicant
has cited safety concerns with this configuration, as cars often attempt to enter the site from
the 4th Street access, interfering with traffic exiting the drive through lanes. The applicant has
also cited safety concerns with the access off Highway 25, particularly with left-turn
movements.
Therefore the applicant is proposing an additional access off 4th Street, in the northeast corner
of the site. This access will be located east of the single family home, approximately 135 feet
east of the existing 4th Street driveway. The access is proposed to be approximately 38 feet
east of the driveway for the single family home. This driveway will be used for ingress and
egress and is proposed at a width of 24 feet, wide enough for two lanes of traffic. The curb
cut is 10 feet from the side lot line. The driveway curves to the west, connecting with the
existing bank parking lot. A privacy fence six feet in height is proposed on the east side of
the driveway, buffering the drive from the existing house to the east.
The bank property is entitled to one curb cut for each 125 feet of street frontage. Lot 1, Block
I has approximately 198 feet of frontage along 4th Street. A total of 250 feet of street frontage
is required for a second curb cut on 4th Street. A variance shall be required to accommodate
the proposed curb cut. The site has a total of 365 feet of street frontage, including frontage
along 4th Street and Highway 25.
The single family home has a single access off 4th Street, approximately 190 feet east of the
intersection of 4th Street and Highway 25. The existing curb cut is approximately 10 feet in
width. As proposed, the subdivision will result in a side yard setback of 4 feet for the
driveway. The required setback for curb cuts in residential districts is 3 feet. The subject site
is a residential use in the CCD. Therefore, the proposed setback may be appropriate.
The City Engineer has reviewed the plans and made the following recommendations:
1. Remove access to TH 25 due to concerns with traffic safety. Connect public sidewalk
and provide for drainage through access closure location.
2. Provide typical section of driveway, including pavement and curb and gutter designs.
3. ModifY plans to show removals required at TH 25 access location.
4. Provide buffer landscaping between the proposed driveway and the existing house
near the east side of the site.
5. Provide all applicable and up to date City of Monticello standard detail plates.
Variance. Variance requests are considered where it is alleged by the applicant that a non-
economic hardship in the reasonable use of a specific parcel of property exists. A hardship
that by some reason of narrowness, shallowness, or shape of a specific parcel of property or
3
Council Agenda - 09/1 0/07
lot existing and of record upon the effective date ofthis ordinance or that by reason of
exceptional topographic or water conditions of a specific parcel ofland or lot, the strict
application of the terms of this ordinance would result in exceptional difficulties when
utilizing the parcel or lot in a manner customary and legally permissible within the district in
which said lot or parcel is located, or would create undue hardship upon the owner of such lot
or parcel that the owner of another lot or parcel within the same district would not have ifhe
were to develop his lot or parcel in a manner proposed by the applicant.
The applicant stated in a narrative that a hardship was present due to the changing traffic
conditions on Highway 25. The narrative states, "When the bank was first constructed traffic
levels were considerably smaller on TH25. Traffic levels were at a point it was possible to
make a left hand turn into the bank at most hours of the day. Now traffic levels have increased
to the point where it has become dangerous or impossible to make a left hand turn into the
bank site." The applicant has further stated that these traffic levels are beyond the control of
the bank and therefore the hardship has not been created by the bank.
City staff agrees that safety concerns are an issue with the existing access off Highway 25.
The additional driveway proposed off 4th Street is an attempt to alleviate concerns with the
Highway 25 access. However, staff is concerned that due to the lack of visibility from
Highway 25, this access will not eliminate the existing problem. In that regard, staff
recommends that, as a condition of approval for the variance request, the existing access to
the bank site from Highway 25 is removed. The safety concerns in this location have been
cited as a hardship. While the additional driveway will modify the current traffic circulation
through the site, the only way to completely eliminate safety concerns is to close the Highway
25 access.
B. ALTERNATIVE ACTIONS:
The Planning Commission recommends alternative 1 below.
Decision 1. Regarding the request for a Preliminary Plat approval of First Minnesota Bank
Commercial, the City has the following options:
I. Motion to approve the Preliminary Plat, based on a finding that the proposed use is
consistent with the intent of the CCD District and the Subdivision Ordinance, subject
to the conditions outlined in Exhibit Z.
2. Motion to deny the Preliminary Plat, based on a finding that the proposed use is not
consistent with the intent and performance standards ofthe CCD District, and the use
may not be supported by the site.
C. STAFF RECOMMENDATION:
First Minnesota Bank is requesting approval of a Preliminary Plat and variance to
accommodate an additional access to the site off 4th Street. The variance is required as the
applicant is over 50 feet short of the minimum street frontage required for a second curb cut
on 4th Street and was approved by the Planning Commission. The applicant has stated that the
access of 4th Street is necessary due to safety concerns with the existing access off Highway
25.
4
Council Agenda - 09110/07
Staff recognizes the safety concerns related to access from Highway 25. The applicant has
claimed that this access presents a hardship, due to traffic levels on Highway 25 which are
beyond the applicant's control. Staff supports the alternative of a right-out only access, which
was presented as an alternative at the Planning Commission. In that regard, staff recommends
approval of the preliminary plat request, subject to the conditions in Exhibit Z.
D. SUPPORTING DATA
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit Z:
Site Location Map
Preliminary Plat
Site Plan
Demolition Plan
Grading and Landscape Plan
Details
Applicant narrative for Preliminary Plat
Applicant narrative for Variance, dated August 23, 3007
Memo from Bruce Westby, City Engineer, dated August 29,2007
Revised Conditions of Approval
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July 6, 2007
City of Monticello
Monticello, MN
RE: Plan for Subdivision
Our application for a new subdivision is to consolidate three lots into a
new subdivision of two lots. This will provide a new entrance into
First Minnesota Bank.
At present, ingress and egress for First Minnesota Bank is dangerous.
It is extremely difficult for traffic to use our Rt. 25 entrance due to
traffic congestion. Because of this, much of our traffic now enters
through the exit from our drive up on 4th St. This has caused many
near head on collisions. This new entry/exit further east on 4th St will
allow much safer access to our property, increase parking and increase
green space.
The second lot will contain a single family home that we plan on
renting as a residential rental unit. We have no plans at all to use that
property as a commercial rental
Sincerely,
Robert L. Viering
President
Monticello Office
81
Bogart, Pederson
& Associates, Inc.
LAND SURVEYING
CIVIL ENGINEERING
MAPPING
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13076 First Street
Becker, MN 55308
August 23,2007
Angela Schumann
City of Monticello
505 Walnut St. Suite I
Monticello, MN 55362
Re: Variance Request for I st Minnesota Bank.
Dear Ms, Schumann,
The reasoning for the hardship I believe revolves around continuing change inn the traffic
conditions in the City of Monticello. When the Bank was first constructed traffic levels were
considerably smaller on TH25. Traffic levels were at a point it was possible to make a left hand
turn into the bank at most hours of the day. Now traffic levels have increased to the point where
it has become dangerous or impossible to make a left hand turn into the bank site.
Traffic levels are beyond the control of the bank. More to the point when the bank was built
traffic levels that were then predicted for today have been greatly exceeded. Therefore the
hardship has not been created by the bank but has been thrust upon it.
In any case we are now in a situation where in my opinion we are now dealing with life-safety
issues which should be considered and resolved. The Bank has presented a plan which resolves
these issues and therefore should be allowed the variance.
If you have any questions please feel free to give me a call.
Sincerely,
Jon Bogart, P.E.
Vice-President
Main Office: Becker
13076 First Street
Becker. MN 55308
Phone: 763/262~822
Toll free: 888/210~301
Fax: 763/262~844
Maple lake
311 Division St. W. Box 249 Phone: 320/963-6900
Maoie Lake. MN 55358 Fax 320/963-6060
Waite Park Phone 320/252-0409
2077Frontage Road N. Ste. 12 Toll free: 888/251-0409
Waite Park MN 56387 Fax: 320/230-6859
August 29,2007
MONTICELLO
Ms Kimberly Holien
Northwest Associated Consultants, Inc.
4800 Olson Memorial Highway, Suite 202
Golden Valley, MN 55422
Re: First Minnesota Bank Driveway Expansion Plan Review
City of Monticello Project No. 2007-022
Dear Ms Holien:
On July 9, 2007 the City of Monticello received civil plans for the above referenced project. The
Engineering and Public Works Dep'artments have since reviewed the plans for conformance to
the City's Plan Requir=ents and Design Guidelines and respectfully offer the following
comments:
Plan Sheet 1 of 4
I. Remove access to T1l 25 due to concerns with traffic safety. Connect public sidewalk and
provide for drainage through access closure location.
2. Provide typical section of driveway, including pavement and curb and gutter designs.
Plan Sheet 2 of 4
1. Modify plans to show r=ovals required at T1l 25 access location.
Plan Sheet 3 of 4
1. Provide buffer landscaping between the proposed driveway and the existing house near
east side of the site.
Plan Sheet 4 of 4
1. Provide all applicable and up to date City of Monticello standard detail plates. Plates can
be provided electronically upon request.
Please call me at 763-271-3236 should you have any questions regarding any of the comments
above.
Monticello City Hall, 505 Walnut Street, Suite 1, Monticello, MN 55362-8831 . (763) 295-2711 . Fax (763) 295-4404
Office of Public Works, 909 Golf Course Rd" Monticello, MN 55362' (763) 295-3170 . Fax (763) 271-3272
-=
~~
Kimberly Holien
August 29. 2007
Page 2
Sincerely,
CITY OF MONTICELLO
Bruce Westby, P.E.
City Engineer
cc: Jeff 0 'Neill, City Administrator
Angela Schumann, CommunIty Development Coordinator
John Simola, Public Works Director
Phillip Elkin, WSB and Associates
Project File
Council Agenda - 09/10/07
EXHIBIT Z
Conditions of Approval
1. The existing access off Highway 25 shall be revised to alleviate safety concerns with a right-
in only configuration.
2. Cennest )'llislie siaewa.lk and flrs'liae for draiHage threugh listless eleslife Ie salieH.
3. Provide typical section of driveway, including pavernent and curb and gutter designs.
4. Modify )'llans to shew reme\'llls Fel:J:liired at TH 25 assess lesatieH.
5. Buffer landscaping shall be required on either side ofthe proposed driveway to provide a
buffer from the existing single family homes.
6. Any lighting proposed for the site shall comply with Chapter 3 Section 2-H of the Zoning
Ordinance.
7. The Highway 25 access configuration is contingent on MNlDoT approval.
6
Council Agenda: 9/10107
7. Public Hearine on proposed vacation of storm water pondine easement.
A. REFERENCE AND BACKGROUND:
In March of 2005 Monticello Industrial Park requested vacation of the storm water ponding
easement as shown on the attached map. The City delayed acting on the request at that time
because the interchange and related projects including the Chelsea Road Reconstruction had
not yet been ordered. In accordance with the provisions ofthe right-of-way agreement
between the City and Monticello Industrial Park associated with the interchange project the
City agreed to vacate this storm water ponding easement.
The City has published notice of the easement vacation has required by statute. If the
Council approves the easement vacation, the City and Monticello Industrial Park have
agreed to hold the recording ofthe document until October 1, 2007. It is anticipated that
the Chelsea Road project will be far enough along so that the storm water pond will not be
needed.
B. ALTERNATIVE ACTIONS:
1. After conducting the public hearing on the proposed storm water ponding easement,
the Council could approve the resolution vacating the storm water ponding with the
stipulation that the recording of the document be delayed until October 1, 2007.
2. After conducting the public hearing the Council could determine not to approve the
vacation of the storm water ponding easement.
C. STAFF RECOMMENDATION:
Since the vacation was part of the agreement with Monticello Industrial Park it is
recommended that the City proceed with the vacation ofthe storm water ponding easement
with verification by the City Engineer and consulting engineer that it is not necessary for the
City to retain this storm water ponding easement.
D. SUPPORTING DATA:
Map and legal of easement to be vacated
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Council Agenda - 09/10/2007
8. Review of Biosolids Proiect status and consideration of formal action re~ardin~
!@!!:. (J.S.)
A. REFERENCE AND BACKGROUND:
All of the current updates and information have been presented at the workshop. The following
are the alternative actions for the council to consider.
B. ALTERNATIVE ACTIONS:
1. The first alternative would be to authorize re-bidding of the project at an estimated cost
of $25,000 under the premise that if the bids are reasonable and without significant
increases the City would be moving forward with the project.
2. The second alternative would be to authorize Bolton & Menk to separate the mixers and
vehicle storage building from the Biosolids Project and authorize re-bidding of those
portions of the project only.
3. The third alternative would be to authorize Bolton & Menk to separate the mixers only
from the Biosolids Project and bid the mixers as a stand alone project to be completed by
early summer of 2008. This alternative would also direct staff not to increase the amount
of nitrogen applied to the farm until the mixers were installed and operating.
C. STAFF RECOMMENDATION:
It is the recommendation of the Biosolids Committee that the City Council consider moving
forward with the project as outlined in alternative #1.
D. SUPPORTING DATA:
Supporting data can be found in the agenda for the workshop.
City Council Agenda- 09/10/07
9. Consideration to review for discussion the resolution for outstandinl!:
conditions for the preliminary plat and Conditional Use Permit for Mills
Addition/Mills Fleet Farm. (ASINAC)
A. REFERENCE AND BACKGROUND:
On June 25th, 2007, the Monticello City Council approved a preliminary plat and
Conditional Use Pennit as related to the proposed Mills Fleet Fann project.
As part of the approval, the City Council approved a list of conditions as follows:
I. All approvals are contingent on the outcome of the requests for rezoning and
comprehensive plan amendments submitted by the applicant in April, 2007.
2. The llflfllioaat shall roffilee the s@e ef!he flr~fles8a flylaa sigH se as oot ta exeeea2QQ
sEluare feet in area, :aer 32 feet Hi height.
3. The applicant shall submit a photometric plan specific to this site, demonstrating readings
not to exceed one footcandle at all property lines.
4. No exterior racking shall be permitted anywhere on the site.
5. The applicant shall provide proof of parking for 117 parking stalls. In the event that
parking becomes an issue on site, the City may require construction of all or a portion of
these stalls.
6. Wall signage for the convenience store shall be reduced to not exceed 133 square feet.
7. Only eae a8eess te'!lllf<is the east siae ef the ael'lh ef Chelsea RBOO will13e a1le'::ea.
8. Right-turn lanes shall be provided at all access locations on Chelsea Road.
9. The temporary cul-de-sac at the east end of Dundas Road, just west of the Mills Fleet
Farm building, shall be reconstructed as a permanent cul-de-sac as part of this project.
19. The 13ig 13e" retail site fllans shall13e revised to inehitle thelise ef flavefS aHa soered
oeaorete ia fleaestrian 6fossiag areas ana ill haalliollp aoe8ssible areas ef tke fllH'lling
smaee. Pedestrian flllRflS shall also be flrevided f{lf the eatire POD site as fe~ed by the
City Eagiaeer.
11. No outdoor sales and display is permitted within the POD without the request and review
of a subsequent Conditional Use Permit.
12. The SHanes 18 fhe ~ let (Let 2, Bleek 1) 8Mll he Sh8~NR eeaeeptually SR all fJlaas.
13. The fuel fllHRflS at the lReter fuel stetiea shall be fe erieatea te be fl8FflBfttiieHlar te
Chelsea Read te flre,..ide lRare staolciHg spaee.
14. The applicant shall revise all elevations for the big box retail store to provide additional
vertical details, roofline variations, and materials in contrasting, but coordinating colors.
15. The applicant shall revise the car wash design to provide alternate building materials with
more visual detail, or relocate the car wash to Lot 2, Block 1.
Hi. The eafJ aEt.ae f1reF'eses. sile shall ee ..~:lHte aF ere81R Hi eeler, as 0Pf10Sed to 0Failge.
17. The applicant shall comply with all recommendations of the City Engineer, as outlined in
his memo dated June 4,2007.
City Council Agenda - 09/10/07
18. The applicant shall verify the directional arrows and directional labels on all plans.
The applicant agreed to meet all of the specified conditions, with the exception of
additional discussion on items 9, 14, and 15. Council specified that conditions 9, 14, and
15, should be reviewed further by staff and the applicant.
In that regard, Susie Wojchouski (representing the City Council), Rod Dragsten
(Chairman of the Planning Commission), City Administrator O'Neill and other staff
members toured the Rochester Mills Fleet Farm on August 27th. The Rochester store had
been mentioned frequently during the June 25th meeting as Mills' newest store, and most
like the proposed Monticello facility.
To follow are the findings related to the remaining conditions after the Rochester site
visit. Images of the Rochester site have also been included as supporting data.
9. The temporary cul-de-sac at the east end of Dundas Road, just west of the Mills
Fleet Farm building, shall be reconstructed as a permanent cul-de-sac as part of this
project.
At this time, the alternative proposed is that City staff will work with the current property
owner and developer, Monticello Industrial Park, to pave and curb the existing cul-de-
sac. A permanent easement will be required for the cuI-de-sac. Those improvements
satisfy the condition.
14. The applicant shall revise all elevations for the big box retail store to provide
additional vertical details, roofline variations, and materials in contrasting, but
coordinating colors.
The consensus of those on the tour was that the original condition should stand, with
some limitations. Based on the observations at the Rochester site as well as the
preliminary building elevation plans, the front entrance will be accented with EIFS
plaster, as will the auto service entrance. The remainder ofthe building will contain few
accent materials or visual details. The building will be gray in color with orange, white,
and black accents. In short, the fa<;:ade is relatively flat with few areas of relief to break
up the wall plane.
The applicant is requesting PUD approval for the site. The City's PUD Ordinance allows
flexibility to performance standards with the understanding that the development will be
held to higher standards of site and building design than would ordinarily be required. In
keeping with the intent of this ordinance and with what had been required of other "big
box" retailers in Monticello, it is recommended that the applicant revise the elevations for
the retail store to provide additional aesthetic details to break up the long fa<;:ade.
The site visit group indicated that it would be desirable for the applicant to provide
additional vertical details, roofline variations, or possibly step out a portion of the fa<;:ade
with materials in contrasting, but coordinating colors. Staff would also recommend that
the details be applied to all four sides of the building, with the emphasis on the east,
north, and west elevations.
City Council Agenda - 09/10/07
It should be noted that the applicant has indicated concern regarding any changes to the
building elevations, citing cost factors.
15. The applicant shall revise the car wash design to provide alternate building
materials with more visual detail, or relocate the car wash to Lot 2, Block 1.
The materials proposed for the car wash are consistent with the proposed building
materials. As such, no alteration to the building materials is being recommended.
However, it would be recommended that the applicant address the gap in the landscape
screening on the northern side of the building.
Other Conditions/Site Visit Notations
In regard to condition 3 for lighting, the applicant did not submit a photometric plan for
the Monticello site with the initial application package. This information is required as
part of the approved conditions. The applicant is required to verify that no readings
exceed one footcandle at the property line. After the Rochester site visit, there were
concerns with the floodlights present in the outdoor storage area at the Rochester site. In
any event, the applicant shall be required to provide full cutoff lighting with 90-degree
fixtures throughout the site. The applicant has indicated that the lights illuminate the
yard area only will not leaving the property, which they will illustrate with their
photometric.
The silo height and color did not appear out of place, the parking areas were landscaped
well and included rain garden features. The storage areas were screened well and
included low-maintenance materials for screening and ground cover. In summary, with
the exception of the comments as noted above, the site visit group expressed positive
comments regarding the Rochester site.
The City Council is asked to verify and confirm the recommendations provided within
this report.
B. ALTERNATIVE ACTIONS
1. Motion to accept the resolutions to conditions 9,14, and 15, as recommended
within the staff report of September 10th, 2007.
2. Motion to deny the resolution to conditions 9,14, and 15, as recommended within
the staff report of September lOth, 2007.
3. Motion to modify the resolution to conditions 9,14, and 15, as directed by the
City Council.
C. SUPPORTING DATA
Exhibit A:
Site Plan
Exhibit B:
Exhibit C:
Exhibit D:
City Council Agenda- 09/10/07
Landscaping Plan
Building Elevations
Site Images - 8/27/07
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