City Council Agenda Packet 06-14-2010AGENDA
SPECIAL MEETING - MONTICELLO CITY COUNCIL
Monday, June 14, 2010 – 5:30 p.m.
Mayor: Clint Herbst
Council Members: Tom Perrault, Glen Posusta, Brian Stumpf, Susie Wojchouski
1. Call to Order
2. Budget Process Introduction
A) Information/Background
B) Budget Framework for 2011
C) Consolidated Cost Savings Ideas
D) 2011 Budget Calendar
3. Adjournment
AGENDA
REGULAR MEETING – MONTICELLO CITY COUNCIL
Monday, June 14, 2010 – 7 p.m.
Mayor: Clint Herbst
Council Members: Tom Perrault, Glen Posusta, Brian Stumpf, Susie Wojchouski
1. Call to Order and Pledge of Allegiance
2A. Approval of Minutes – May 24, 2010 Special Meeting
2B. Approval of Minutes – May 24, 2010 Regular Meeting
3. Consideration of adding items to the agenda
4. Citizen comments, public service announcements and Council updates
a. Citizen Comments:
b. Public Service Announcements:
1) Walk & Roll (6/19)
c. Staff Updates:
1) Family Fun Day Report
2) I-94 Closure
5. Consent Agenda:
A. Consideration of approving new hires and departures for City departments
B. Consideration of accepting bids and awarding contract for the 2010 Street
Bituminous Sealcoat Project
C. Consideration of approving the 2009 Storm Water Pollution Prevention Program
(SWPPP) Annual Report
D. Consideration of adopting a citywide security camera policy
E. Consideration of amending job description and title from Senior Accountant to
Assistant Finance Director
F. Consideration of approving Locust Street closure and use of the Monticello
Library parking lot for a Customer & Community Appreciation Event. Applicant:
Monticello Auto Value
SPECIAL MEETING
5:30 pm - Budget Process Introduction
G. Consideration of approving Walnut Street closure and use of municipal parking
lots for Downtown Block Party. Applicant: Monticello Downtown Businesses
H. Consideration of approving a request for extension of a Conditional Use Permit
for Concept Stage and Development Stage Planned Unit Development approval
for a multi-tenant shopping center, a Conditional Use Permit for Outdoor Storage,
a Conditional Use Permit for a Car Wash, a Conditional Use Permit for a Motor
Fuel Station/Convenience Store, a Conditional Use Permit for minor auto repair,
and Preliminary Plat approval. Applicant: Mills Fleet Farm
I. Consideration of approving a letter of support for LWO Properties (Broadway
Square Apartments) for application for Section 42 Tax Credits
6. Consideration of items removed from the consent agenda for discussion.
7. Public Hearing – Consideration of tabling Public Hearing to June 28, 2010 for Third
Street Parking Lot amendment to the 2010 Street Reconstruction project, City Project No.
10C001
8. Public Hearing – Consideration of NE Quadrant Improvements at Trunk Highway 25 and
CSAH 75, City Project No. 10C005
9. Consideration of adopting Resolution No. 2010-36 accepting proposals and awarding
contract for 2010 Street Lighting Improvements, City Project No. 10C003
10. Consideration of accepting the 2009 Audit Report
11. Consideration of amending the solid waste contract and approval to establish use of
recycling carts with Veolia
12. Added Items (if any)
13. Approve payment of bills for June 14th
14. Adjournment
City Council Agenda: 06/14/10
1
5A. Consideration of approving new hires and departures for City departments (TE)
A. REFERENCE AND BACKGROUND:
The Council is asked to ratify the hiring and departures of employees that have occurred
recently in the departments listed. It is recommended that the Council officially ratify the
hiring/departure of all listed employees including part-time and seasonal workers.
A1. Budget Impact: (positions are generally included in budget)
A2. Staff Work Load Impact: If new positions, there may be some training
involved. If terminated positions, existing staff would pick up those hours, as
needed, until replaced.
B. ALTERNATIVE ACTIONS:
1. Motion to ratify the hire/departures of the employees as identified on the attached
list.
2. Motion to deny the recommended hires and departures.
C. RECOMMENDATION:
By statute the City Council has the authority to approve all hires/departures. City staff
recommends Alternative #1, for the Council to approve the hires and/or departures as
listed.
D. SUPPORTING DATA:
List of new/terminated employees
Name Title Department Hire Date Class
Christopher Mitchell Water and Sewer Worker Water & Sewer 5/26 Seasonal
Amy Klatt Program Instructor MCC 6/4 PT
Brandon Potter Installation Assistant FNM 6/8 Seasonal
Kevin Pavlik Installation Assistant FNM 6/8 Seasonal
Name Reason Department Last Day Class
Brenda Gustafson Voluntary Liquor Store 6/12/10 FT
NEW EMPLOYEES
TERMINATING EMPLOYEES
5A Council_employee list 2010 Revised: 6/10/2010
City Council Agenda: 06/14/10
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5B. Consideration of accepting bids and awarding contract for the 2010 Street
Bituminous Sealcoat Project (BP, TM)
A. REFERENCE AND BACKGROUND:
The 2010 Street Bituminous Sealcoating Project totals approximately 65,537 square
yards of City streets and Prairie Center parking lot. The areas to be sealcoated have been
patched and crack sealed by city forces in preparation for this project.
The sealcoat streets and parking lot are as follows:
Deegan Avenue
Hayward Court
Redford Lane
Cedar Street (from Dundas Road south to dead end)
Dundas Road (from TH 25 to 500’ east of Cedar Street)
Park Place Drive (from Deegan Court to 400’ north of Hayward Court)
School Boulevard (West of Edmonson to Deegan Avenue)
Prairie West Building Parking Lot
We have had several projects on our roadway system in past years spending millions of
dollars. It is very important that we follow up these projects with a good maintenance
program. Standards today in road maintenance are to sealcoat new roads 5 years after
they have been constructed and every 7 years after that. The goal we are trying to achieve
is for our residential streets to last 30 to 35 years.
Plans and specifications were drafted by the Public Works Department and made
available on May 20, 2010. The bid opening occurred on June 10, 2010 at 10 a.m. The
City received a total of two (2) bids; Allied Blacktop Co. in the amount of $1.02 per
square yard totaling $66,847.70, and Astech Corp. in the amount of $1.16 per square yard
totaling $76,022.92. The Contract will be awarded to Allied Blacktop upon approval
from Council. Two bids rejected were from Caldwell Asphalt and Pearson Bros. Inc. for
late bid packet delivery and were returned unopened.
A1. Budget Impact: In preparation for this project we have placed $80,000 in the
2010 Street Department Budget. The portion of the project covered under this
amount will be all of the streets listed in the specs for which the low bid came to a
total of $66,847.70 from Allied Blacktop Co.. The remaining budget funds will be
used to restripe areas that had been covered by the sealcoating process.
A2. Staff Workload Impact: A project of this size normally takes two days. We
will have a city inspector on the job site for those days.
City Council Agenda: 06/14/10
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B. ALTERNATIVE ACTIONS:
1. Motion to approve the bids and award the contract to the low bidder, Allied
Blacktop Co. in the amount of $66,847.70 for the 2010 Street Bituminous
Sealcoating Project. This project is to be completed per contract by August 23,
2010.
2. Motion to deny the bids and not award the contract.
C. STAFF RECOMMENDATION:
City staff recommends the City Council approve Alternative #1, accepting bids and
awarding the contract to Allied Blacktop Co. in the amount of $66,847.70. The Public
Works Department will be inspecting the project to see that the contractor adheres to the
plans and specifications.
D. SUPPORTING DATA:
Copy of Bid Tabulation
City Council Agenda: 6/14/10
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5C. Consideration of approving the 2009 Storm Water Pollution Prevention Program
(SWPPP) Annual Report (BW)
A. REFERENCE AND BACKGROUND:
In 2005 the City of Monticello was designated as a regulated small municipal separate
storm sewer system (MS4) under Minnesota Rules, Chapter 7090. This required us to
obtain a National Pollutant Discharge Elimination System/State Disposal System
(NPDES/SDS) storm water permit, and to develop and implement a Storm Water
Pollution Prevention Program (SWPPP) to reduce the discharge of pollutants and
sediments from our storm sewer system to the maximum extent practicable. On February
15, 2007 we submitted our draft SWPPP to the Minnesota Pollution Control Agency
(MPCA) for review and approval. On March 24, 2008 our draft SWPPP was approved
by the MPCA and we were granted general permit coverage.
Our SWPPP addresses 6 minimum control measures (MCM’s) including public education
and outreach; public participation/involvement; illicit discharge, detection and
elimination; construction site runoff control; post-construction site runoff control; and
pollution prevention/good housekeeping. A total of 39 best management practices and
measurable goals associated with the 6 MCM’s are identified in the SWPPP for
implementation.
Each year by June 30th an annual report summarizing all of our SWPPP implementation
efforts over the previous calendar year must be submitted to the MPCA. A draft of our
2009 Annual Report is attached as supporting documentation for the Council to review
and approve prior to submitting to the MPCA by June 30, 2010.
Council should be aware that items 5H and 5I of the annual report state that the City has
adopted an Illicit Discharge, Detection and Elimination (IDDE) ordinance, which is not
accurate at this time. Staff had intended to present the draft IDDE ordinance to Council
this evening for their review and approval however, this will not happen now until the
June 28th Council meeting. Therefore, if Council approves the 2009 SWPPP annual
report tonight staff will not submit the report until June 29th which will allow staff time to
revise the report to reflect Council’s actions in regards to adopting the IDDE ordinance.
A.1 Budget Impact: Completing the 2009 Annual Report had no direct impact to the
budget.
A.2 Staff Workload: Staff spent approximately 60 hours preparing the 2009 Annual
Report, including preparation of associated documentation. This time does not
include any of the time required to complete the work tasks identified in our
SWPPP of course, which takes hundreds of hours of staff time annually to
complete.
City Council Agenda: 6/14/10
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B. ALTERNATIVE ACTIONS:
1. Motion to approve the 2009 SWPPP Annual Report and authorize submittal of the
report to the Minnesota Pollution Control Agency on June 29th to allow staff to
update the IDDE ordinance adoption information.
2. Motion to deny approval of the 2009 SWPPP Annual Report at this time.
C. STAFF RECOMMENDATION:
City staff recommends approving Alternative Action No. 1.
D. SUPPORTING DATA:
Draft 2009 SWPPP Annual Report
Minnesota Pollution Control Agency
NPDES/SDS Small MS4 Report Form
The purpose of this report is to contribute information to an evaluation of the NPDES small municipal separate storm sewer
system (MS4) permit program. Consistent with 40 CFR §122.37 the U.S. Environmental Protection Agency is assessing the
status of the program nation-wide. A “no” answer to a question does not necessarily mean noncompliance with your permit or
with the federal regulations. In order to establish the range of variability in the program it is necessary to ask questions along a
fairly broad performance continuum. Your permitting authority may use some of this information as one component of a
compliance evaluation.
1. MS4 Information
Name of MS4
Name of Contact Person (First) (Last) (Title)
Telephone (including area code) Email
Mailing Address
City State ZIP code
What size population does your MS4 serve?
What is the reporting period for this report? (mm/dd/yyyy) From to
2. Water Quality Priorities
A. Does your MS4 discharge to waters listed as impaired on a state 303(d) list? Yes No
B. If yes, identify each impaired water, the impairment, whether a TMDL has been approved by EPA for each, and whether
the TMDL assigns a wasteload allocation to your MS4. Use a new line for each impairment, and attach additional pages as
necessary.
Impaired Water Impairment Approved TMDL TMDL assigns WLA to MS4
Yes No Yes No
Yes No Yes No
Yes No Yes No
Yes No Yes No
Yes No Yes No
Yes No Yes No
Yes No Yes No
Yes No Yes No
C. What specific sources contributing to the impairment(s) are you targeting in your stormwater program?
D. Do you discharge to any high-quality waters (e.g., Tier 2, Tier 3, outstanding natural resource
waters, or other state or federal designation)? Yes No
E. Are you implementing additional specific provisions to ensure their continued integrity? Yes No
Small MS4 Annual Report Form (cont) 2
3. Public Education and Public Participation
A. Is your public education program targeting specific pollutants and sources of those pollutants? Yes No
B. If yes, what are the specific sources and/or pollutants addressed by your public education program?
C. Note specific successful outcome(s) (e.g., quantified reduction in fertilizer use; NOT tasks, events, publications) fully
or partially attributable to your public education program during this reporting period.
D. Do you have an advisory committee or other body comprised of the public and other
stakeholders that provides regular input on your stormwater program? Yes No
4. Construction
A. Do you have an ordinance or other regulatory mechanism stipulating:
Erosion and sediment control requirements? Yes No
Other construction waste control requirements? Yes No
Requirement to submit construction plans for review? Yes No
MS4 enforcement authority? Yes No
B. Do you have written procedures for:
Reviewing construction plans? Yes No
Performing inspections? Yes No
Responding to violations? Yes No
C. Identify the number of active construction sites > 1 acre in operation in your jurisdiction at any time during the
reporting period.
D. How many of the sites identified in 4.C did you inspect during this reporting period?
E. Describe, on average, the frequency with which your program conducts construction site inspections.
F. Do you prioritize certain construction sites for more frequent inspections? Yes No
If Yes, based on what criteria?
G. Identify which of the following types of enforcement actions you used during the reporting period for construction
activities, indicate the number of actions, or note those for which you do not have authority:
Yes Notice of violation # No Authority
Yes Administrative fines # No Authority
Yes Stop Work Orders # No Authority
Yes Civil penalties # No Authority
Yes Criminal actions # No Authority
Yes Administrative orders # No Authority
Yes Other #
H. Do you use an electronic tool (e.g., GIS, data base, spreadsheet) to track the locations,
inspection results, and enforcement actions of active construction sites in your jurisdiction? Yes No
I. What are the 3 most common types of violations documented during this reporting period?
J. How often do municipal employees receive training on the construction program?
Small MS4 Annual Report Form (cont) 3
5. Illicit Discharge Elimination
A. Have you completed a map of all outfalls and receiving waters of your storm sewer system? Yes No
B. Have you completed a map of all storm drain pipes and other conveyances in the storm sewer
system? Yes No
C. Identify the number of outfalls in your storm sewer system.
D. Do you have documented procedures, including frequency, for screening outfalls? Yes No
E. Of the outfalls identified in 5.C, how many were screened for dry weather discharges during this reporting period?
F. Of the outfalls identified in 5.C, how many have been screened for dry weather discharges at any time since you obtained
MS4 permit coverage?
G. What is your frequency for screening outfalls for illicit discharges? Describe any variation based on size/type.
H. Do you have an ordinance or other regulatory mechanism that effectively prohibits illicit
discharges? Yes No
I. Do you have an ordinance or other regulatory mechanism that provides authority for you to
take enforcement action and/or recover costs for addressing illicit discharges? Yes No
J. During this reporting period, how many illicit discharges/illegal connections have you discovered?
K. Of those illicit discharges/illegal connections that have been discovered or reported, how many have been eliminated?
L. How often do municipal employees receive training on the illicit discharge program?
6. Stormwater Management for Municipal Operations
A. Have stormwater pollution prevention plans (or an equivalent plan) been developed for:
All public parks, ball fields, other recreational facilities and other open spaces Yes No
All municipal construction activities, including those disturbing less than 1 acre Yes No
All municipal turf grass/landscape management activities Yes No
All municipal vehicle fueling, operation and maintenance activities Yes No
All municipal maintenance yards Yes No
All municipal waste handling and disposal areas Yes No
Other
B. Are stormwater inspections conducted at these facilities? Yes No
C. If Yes, at what frequency are inspections conducted?
D. List activities for which operating procedures or management practices specific to stormwater management have been
developed (e.g., road repairs, catch basin cleaning).
E. Do you prioritize certain municipal activities and/or facilities for more frequent inspection? Yes No
F. If Yes, which activities and/or facilities receive most frequent inspections?
G. Do all municipal employees and contractors overseeing planning and implementation of
stormwater-related activities receive comprehensive training on stormwater management? Yes No
H. If yes, do you also provide regular updates and refreshers? Yes No
I. If so, how frequently and/or under what circumstances?
Small MS4 Annual Report Form (cont) 4
7. Long-term (Post-Construction) Stormwater Measures
A. Do you have an ordinance or other regulatory mechanism to require:
Site plan reviews for stormwater/water quality of all new and re-development projects? Yes No
Long-term operation and maintenance of stormwater management controls? Yes No
Retrofitting to incorporate long-term stormwater management controls? Yes No
B. If you have retrofit requirements, what are the circumstances/criteria?
C. What are your criteria for determining which new/re-development stormwater plans you will review (e.g., all projects,
projects disturbing greater than one acre, etc.)
D. Do you require water quality or quantity design standards or performance standards, either
directly or by reference to a state or other standard, be met for new development and
re-development?
Yes No
E. Do these performance or design standards require that pre-development hydrology be met for:
Flow volumes Yes No
Peak discharge rates Yes No
Discharge frequency Yes No
Flow duration Yes No
F. Please provide the URL/reference where all post-construction stormwater management standards can be found, or e-mail
to MS4PermitProgram.PCA@state.mn.us an electronic copy of the ordinance or other regulatory mechanism as specified
in Part V.G.5 of the permit.
G. How many development and redevelopment project plans were reviewed during the reporting period to assess impacts to
water quality and receiving stream protection?
H. How many of the plans identified in 7.G were approved?
I. How many privately owned permanent stormwater management practices/facilities were inspected during the reporting
period?
J. How many of the practices/facilities identified in I were found to have inadequate maintenance?
K. How long do you give operators to remedy any operation and maintenance deficiencies identified during inspections?
L. Do you have authority to take enforcement action for failure to properly operate and maintain
stormwater practices/facilities? Yes No
M. How many formal enforcement actions (i.e., more than a verbal or written warning) were taken for failure to adequately
operate and/or maintain stormwater management practices?
N. Do you use an electronic tool (e.g., GIS, database, spreadsheet) to track post-construction
BMPs, inspections and maintenance? Yes No
O. Do all municipal departments and/or staff (as relevant) have access to this tracking system? Yes No
P. How often do municipal employees receive training on the post-construction program?
8. Program Resources
A. What was the annual expenditure to implement MS4 permit requirements this reporting period?
B. What is next year’s budget for implementing the requirements of your MS4 NPDES permit?
Small MS4 Annual Report Form (cont) 5
C. This year what is/are your source(s) of funding for the stormwater program, and annual revenue (amount or percentage)
derived from each?
Source: Amount $ OR %
Source: Amount $ OR %
Source: Amount $ OR %
D. How many FTEs does your municipality devote to the stormwater program (specifically for implementing the stormwater
program; not municipal employees with other primary responsibilities)?
E. Do you share program implementation responsibilities with any other entities? Yes No
Entity Activity/Task/Responsibility Your Oversight/Accountability Mechanism
9. Evaluating/Measuring Progress
A. What indicators do you use to evaluate the overall effectiveness of your stormwater management program, how long have
you been tracking them, and at what frequency? These are not measurable goals for individual management practices or
tasks, but large-scale or long-term metrics for the overall program, such as macroinvertebrate community indices,
measures of effective impervious cover in the watershed, indicators of in-stream hydrologic stability, etc.
Indicator
Began Tracking
(year) Frequency
Number of
Locations
B. What environmental quality trends have you documented over the duration of your stormwater program? Reports or
summaries can be attached electronically, or provide the URL to where they may be found on the Web.
Small MS4 Annual Report Form (cont) 6
10. Additional Information
In the space below, please include any additional information on the performance of your MS4 program. If providing
clarification to any of the questions on this form, please provide the question number (e.g., 2C) in your response.
Certification Statement and Signature
I certify that all information provided in this report is, to the best of my knowledge and belief, true,
accurate and complete. Yes
Federal regulations require this application to be signed as follows: For a municipal, State, Federal, or other public facility: by either a principal
executive or ranking elected official.
Name of Certifying Official, Title Date (mm/dd/yyyy)
City Council Agenda: 6/14/10
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5D. Consideration of adopting a citywide security camera policy (JO, TE)
A. REFERENCE AND BACKGROUND:
The Council is asked to consider the adoption of a citywide policy regarding the usage
and placement of security cameras on City property.
The City of Monticello currently utilizes security cameras in various locations throughout
the City. These cameras are in place for the protection and safety of staff, patrons,
employees and property. We currently have approximately 50 cameras installed on City
property and staff is currently in the process of putting together a recommendation
regarding the possible installation of additional cameras in areas that are in need of
increased security.
While not continuously observed, live feed is currently being used at Hi-Way Liquors
and the Monticello Community Center to manage routine activity in the buildings. Other
cameras throughout the City are primarily used when an issue arises and live feed is
rarely viewed.
Looking forward staff also plans to work with FiberNet to help streamline the
management and storage of our video data.
Attached is the recommended policy that outlines the purpose, location, signage, video
access and usage guidelines for staff.
A1. Budget Impact: None.
A2. Staff Workload Impact: None.
B. ALTERNATIVE ACTIONS:
1. Motion to approve adoption of a citywide security camera policy.
2. Motion to deny adoption of a citywide security camera policy.
C. STAFF RECOMMENDATION:
City staff, along with the Personnel Committee, recommends Alternative #1.
D. SUPPORTING DATA:
Security Camera Policy
Security Camera Policy
The purpose of this policy is to govern the use of all video security cameras administered by the
City of Monticello. This policy is established to set parameters regarding the use of video cameras
in public places and applies to systems that enable continuous or periodic routine video monitoring
on a sustained basis.
Purpose of cameras
The City of Monticello strives to maintain a safe and secure environment for its staff and patrons.
Selected areas of city premises are equipped with video security systems that record images twenty-
four hours a day. The City’s video security system is used for the protection and safety of patrons,
employees, and property.
Location of cameras
Reasonable efforts will be made to safeguard the privacy of patrons and employees. Video cameras
will not be positioned in areas where there is a reasonable expectation of personal privacy such as in
restrooms, locker rooms and employee break rooms. The video cameras will be positioned to record
only those areas specified by the City and will complement other measures to maintain a safe and
secure environment in compliance with City policies.
No “dummy” video cameras will be employed. “Dummy” cameras currently in place will be
phased out and replaced with working cameras.
Signage
Signs will be posted at the building entrances where security cameras are in use. Outdoor and
rooftop cameras will also have signage that is visible to the public.
Access to live video
Although not continuously observed, live video feeds may be monitored by employees during the
course of their regular duties to manage activity in city buildings and on the grounds.
Access to stored video
Stored images may be reviewed by authorized City staff for any management purpose including
supervision of employees, to investigate a possible violation of City policy or an illegal activity, or
for the protection and safety of patrons, employees and property.
Images from the City video security systems are stored digitally. The City will retain all recorded
images for no more than 30 days or until the capacity of the storage system is reached, whichever
occurs first. In some circumstances the City may be required to retain all recorded images for a
longer period of time if mandated by state or federal law.
When recorded images are pulled as a result of an incident, these records will be held for one year
following the conclusion of an investigation or legal proceeding. Any records produced by the
video security system will be kept in a secure manner.
Use/disclosure of archived video
Archived video from security cameras is identified as security data by Minnesota State Statute
Section 13.37. In the event of an incident, the City Administrator may release digital records to
appropriate law enforcement officials.
Violations of this policy will be reported to the City Administrator.
City Council Agenda: 6/14/10
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5E. Consideration of amending job description and title from Senior Accountant to
Assistant Finance Director (JO, TE, TK)
A. REFERENCE AND BACKGROUND:
Staff and the Personnel Committee request that the City Council review the evolution of
the position of Senior Accountant and consider adjusting the title and pay scale to more
accurately reflect the emerging demands and responsibilities of the position. In 2006,
when the City conducted the pay equity study and set the point on the position, the
consultant had already at that time suggested changing the City’s “Senior Accountant”
position to “Assistant Finance Director”. The Finance Director identified an added
responsibility for supervising Finance Department staff along with other duties. At that
time, it was determined that the supervisory responsibilities of the position be left out of
the job description and the position was left “as is” with the thought that at some point in
the future it could change. Coincidently, it was at that time that Paula Mastey left to work
for the City of Plymouth and Karri Thorsten was hired as Senior Accountant.
During recent years, due to the demands of the position, it has become evident that it is
time to take another look at the position in terms of pay equity standards. In many
respects, due to her capabilities and expertise as a past auditor for the State, Karri has
been performing the job description of Assistant Finance Director with the exception of
staff supervision. Also, because of my duties as Finance Director and the various
meetings I must attend, I rely heavily on this position and the rest of the Finance staff
depend on this position for guidance. Karri was responsible for the 2009 Audit and was
the main person for bringing the City’s Comprehensive Annual Financial Report in-house
and in conformance with the Government Finance Officer’s Association’s Certificate of
Achievement in Finance Reporting Award Program format.
I also believe for the City’s Finance Department to continue to function properly, the City
should have an Assistant Finance Director position, which could act as Finance Director
in my absence. Karri has also been key to setting up the accounting structure and helping
with various reports for the City FiberNet system.
The Senior Accountant position is a grade 13, which has a pay range of $48,807 to
$63,450 ($23.47-$30.50/hour). The Assistant Finance Director position would be a grade
15 with a salary range of $54,300 to $70,590 ($26.11-$33.94/hour). The Senior
Accountant is an hourly position, whereas the Assistant Finance Director would be
exempt. Karri is currently at step 4.5 with an annual salary of $56,140. This change
would increase her pay to $62,440, which would cost the City $3,392 for the remainder
of 2010. The budget impact would be minimal.
The Personnel Committee reviewed this request and approved the change for Senior
Accountant to Assistant Finance Director based on the fact that Karri is already
performing the job duties.
City Council Agenda: 6/14/10
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A1. Budget Impact: The 2010 budget included the Senior Accountant position at the
pay rate of $56,140. The $3,392 in additional cost for the rest of 2010 can be
absorbed through under spending other line items in the budget.
A2. Staff Workload Impact: This change in positions will have little to no impact on
workloads, since she is already doing the majority of the new job tasks.
B. ALTERNATIVE ACTIONS:
1. Motion to approve the amended job description and salary range from Senior
Accountant to Assistant Finance Director.
2. Motion to deny the amended job description and salary range from Senior
Accountant to Assistant Finance Director.
C. STAFF RECOMMENDATION:
The City staff and personnel committee support Alternative #1. The need for this change
in title and associated points stems from the evolution of the position and makes sense in
terms of maintaining compliance with the pay equity act and represents a positive change
in the organization.
D. SUPPORTING DATA:
Job description for the Assistant Finance Director position
Assistant Finance Director
City of Monticello
Title of Class: Assistant Finance Director
Effective Date: June 14, 2010
Revised Date: June 2, 2010
DESCRIPTION OF WORK
General Statement of Duties: Performs skilled supervisory, accounting and financial management
work for the City; performs related duties as required.
Supervision Received: Works under the general supervision of the Finance Director.
Supervision Exercised: Provides general and technical supervision to the Finance Assistant –AP,
Utility Billing Specialist and Payroll and Finance Clerks.
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.
*Supervises staff including interviewing with the Finance Director and jointly recommending
hire, assigning and reviewing work, coaching and training, conducting performance
evaluations and recommending reward and discipline.
*Evaluates and recommends changes to policies, procedures and practices and coordinates
activities to implement any changes.
May processes semi-annual bond payments and prepares journal entries to record payments.
*Assists in maintaining a system of financial control to protect the financial condition of the City
and its operations.
*Analyzes financial operations to ensure proper internal controls are in place; establishes policies
and procedures and ensures their implementation.
*Establishes table of accounts, assigns entries to proper accounts and ensures accounts meet
proper accounting standards.
*Analyzes records of financial transactions to determine accuracy and completeness of entries.
*Maintains taxes and special assessment receivables, including reconciling to Wright County
records.
*Maintains cash flow ledger by recording deposits, disbursements, bank adjustments, and other
entries into computerized cash flow ledger.
Processes deposits for city receipts and prepare deposit reports.
*Coordinates month-end closing activities and verifies account balances for general ledger.
*Prepares month-end processing including verifying and posting or interfacing accounts payable
and payroll batches into the General Ledger System (GFS), verifying utility billing
balances between GFS, UB system and Cash Flow Ledger.
*Verifies Misc. Accounts Receivable (MARS) balances between GFS, MARS and Cash Flow
Assistant Finance Director
City of Monticello
Ledger and creates and verifies cash flow journal entries.
*Creates and verifies Capital Asset batches (acquisitions, depreciation, adjustments, transfers,
and disposals) and interfaces to GFS system.
*Identifies discrepancies and assists with any corrections or adjustments needed; creates journal
entries.
*Calculates and pays monthly FiberNet and liquor sales tax; may calculate general sales tax and
prepares quarterly liquor store reports.
*Reconciles bank statements for City involving verifying and ensuring data on bank statement,
cash flow ledger and computerized cash trial balance are in balance.
*Analyzes Cash Flow Analysis statements, verifies charges, resolves discrepancies and makes
adjustments.
*Enters annual budget revenue and expenditure budget into financial system.
*Assists with creating draft budget documents and CIP schedules and finalizes after City Council
approval.
*Assists with overall budget administration including tracking revenues and expenditures of
various City funds and departments.
*Verifies coding and entry of capital assets into system and enters, proofs, and interfaces
acquisitions, adjustments, transfers, disposals and depreciation to general ledger system.
*Coordinates City’s annual audit, including preparing audit schedules, audit work papers, and
various compliance forms.
* Creates draft comprehensive annual financial report.
*Tracks City projects and contributed capital assets and maintains a master spreadsheet; updates
amortization and discount schedules for annual audit.
*Creates and maintains schedules and work papers of infrastructures, assets and depreciation,
construction in progress and contributed capital for the annual audit and assists the audit
firm as requested.
*Creates and maintains inventory verification and tracking of capital assets and small
tools/equipment working with departments to review inventory and prepares and updates
the five-year capital improvement plan.
*Generates or prepares a variety of financial reports for other City staff.
*Processes monthly, quarterly, and annual taxes, payments, forms, and reports and answers
questions regarding tax payments and reports.
Researches, analyzes and reports on special projects.
Perform other duties as needed or required.
KNOWLEDGE, SKILLS AND ABILITIES
*Considerable knowledge of governmental accounting principles, practices, procedures and
financial reporting.
*Considerable knowledge of State and Federal laws and guidelines related to accounting,
financial management.
*Considerable knowledge of relevant city policies, procedures, and ordinances.
*Considerable knowledge of computer applications, including creation and use of spreadsheet
and database management software using specialized financial software and standard
Assistant Finance Director
City of Monticello
office software.
Working knowledge of utility billing practices and procedures.
*Considerable skill in operating office equipment including operation of a personal computer,
cash register and calculator.
*Considerable ability to analyze cash flow trends and manage cash flow balances.
*Considerable ability to work independently and as part of a team.
*Considerable ability to prepare reports, policies and procedures related to accounting,
investments and financial management.
*Considerable ability to accurately identify errors and discrepancies, determine their cause and
make appropriate adjustments.
*Considerable ability to establish effective working relationships with City staff, auditors and the
general public.
*Considerable ability to perform mathematical calculations, enter information with speed and
accuracy and maintain records and documentation.
MINIMUM QUALIFICATIONS
Completion of a four-year Bachelor’s degree with an emphasis in accounting or finance and six
years of professional experience working with general ledger accounting and financial
management, preferably in a government finance environment.
* Asterisked items are essential for the job
City Council Agenda: 06/14/10
1
5F. Consideration of approving Locust Street closure and use of the Monticello Library
parking lot for a Customer & Community Appreciation Event. Applicant:
Monticello Auto Value (AS)
A. REFERENCE AND BACKGROUND:
The City Council is asked to consider approval of the closure of a portion of Locust Street for
the purpose of a Customer & Community Appreciation Event for Monticello Auto Value.
The request has two associated considerations:
a) Approval of street closure
b) Use of municipal parking lots
Monticello Auto Value is requesting the closure in order to coordinate a customer
appreciation event, which includes a small car show. This public event is proposed to
occur on Saturday, June 26th. A site map illustrating the proposed event configuration,
including closure points, is included with the supporting data.
Specifically, the request includes the closure of Locust Street between 7th Street and 6th
Street. Auto Value would like the street to be closed between 8 AM and 5 PM to
accommodate set-up and take-down before and after the event.
Locust Street provides access to other businesses in the adjacent retail plaza, known as
Locust Street Commons, and there is also an access to a multi-family residential complex
from Locust Street. As such, it is recommended that any approval be contingent on Auto
Value’s notice to all impacted property owners along Locust Street.
Additionally, the property owner for the Locust Street Commons has indicated that he
would not support closure of Locust unless tenants of that building were contacted for
their inclusion in the event. Tenants of that building include All 4 Kids, Pizza Man and
Rancho Grande.
Auto Value is also proposing to utilize a portion of the public parking lot adjoining the
Monticello Library. Library Manager Deb Luken has been consulted regarding this
proposed closure and recommended that rather than closing both the north and south
parking bays directly adjacent to Locust, that only the southern portion be closed to
library patrons.
Auto Value will also be required to provide a certificate of liability coverage with the
City named as second insured.
The Public Works Department will take responsibility for providing the barricades and
reviewing final barricade placement. Public Works has also contacted the Wright County
Sheriff’s Department. They have been notified of the date and time of this event so that
they are able to monitor the activity.
City Council Agenda: 06/14/10
2
Auto Value has indicated that they will supply their own trash receptacles for the event.
They will not be serving alcohol at the event.
Although a recent amendment allows for the administrative approval of neighborhood
block parties, the closing of major internal routes is to be considered by the City Council
on a case-by-case basis
A1. Budget Impact: The event organizers are required to complete an administrative
permit form for Temporary Sales. The cost for the permit is $50.00
A2. Staff Workload Impact: Staff impacts are as noted above and include drop-off
and pickup of barricades.
B. ALTERNATIVE ACTIONS:
1. Motion to approve the temporary closing of Locust Street from 8 AM until 5 PM on
Saturday, June 26th, 2010, including the use of public parking facilities, contingent
on:
a. Proper proof of insurance coverage
b. Notification of all impacted property owners and contact for participation with
adjacent businesses
c. Closure of only the southern 26 stalls of library lot parking
2. Motion to deny temporary closure of Locust Street and use of the public parking lot.
C. STAFF RECOMMENDATION:
City staff supports Auto Value’s request and does not object to the temporary closure.
D. SUPPORTING DATA:
A. Monticello Auto Value Customer & Community Appreciation Narrative
B. Monticello Auto Value Customer & Community Appreciation Site Plan
C. Notification Checklist
NEIGHBORHOOD BLOCK PARTY CHECKLIST FORM
APPLICANT: Complete this check list and return to the Public Works Department to fulfill your application.
Location of Event
Date of Event: Time of Event: to
The following residents have been notified of the block party that will be taking place at the above
location at the date and time given:
Residents were notified by this method: ___ flyer left at residence ___ in person
___ Phone call/email ___ other: ___________________________
City Hall Public Works
505 Walnut St Ste 1 909 Golf Course Rd
Monticello, MN 55362 Monticello, MN 55362
(763) 295‐2711 (763) 295‐3170
NAME ADDRESS (required)
PERMIT # _______
City Council Agenda: 06/14/10
1
5G. Consideration of approving Walnut Street closure and use of municipal parking lots
for Downtown Block Party. Applicant: Monticello Downtown Businesses (AS)
A. REFERENCE AND BACKGROUND:
The City Council is asked to consider approval of the closure of a portion of Walnut Street for
the purpose of a Downtown Block Party. The request has three associated considerations:
1) Approval of street closure
2) Use of municipal parking lots
3) Approval of temporary liquor license (to be considered on June 28th)
The Monticello Downtown Business Association (MDBA) is requesting the closure in
order to coordinate a downtown Monticello block party, which will be promoted and held
in cooperation with the downtown businesses. This public community event is proposed
to occur Wednesday, July 7th, during the week of Riverfest.
Similar to last year’s event, the request includes the closure of Walnut Street between
Broadway West and Third Street. The Downtown Business Association would like the
street to be closed between 9 AM and 11 PM to accommodate volunteer set-up and take-
down before and after the event. The event itself will occur from 5:30 PM to 9:30 PM.
A site map illustrating the proposed configuration of activities, including closure points,
is included with the supporting data. As illustrated, the event will utilize the entire right
of way, including portions of the boulevard in front of Walnut Street businesses in that
area.
The Public Works Department will take responsibility for providing the barricades and
reviewing final barricade placement. Public Works has also contacted the Wright County
Sheriff’s Department. They have been notified of the date and time of this event so that
they are able to monitor the activity. The City Engineer has also notified Wright County
of this closure, as it is closed at the intersection of County Highway 75. Temporary
signage signaling this closure will be placed along West Broadway/County Highw ay 75
during the event.
The MDBA is also requesting Council approval for use of the municipal parking lots
along 3rd Street for participant parking. As part of the street closure and parking lot use,
the group is also seeking City assistance for providing and placing barricades, picnic
tables and garbage cans for the event. The Streets and Parks Departments have been
made aware of this request and have indicated that they are able and willing to comply.
The MDBA has indicated that they will be obtaining insurance to cover the event and its
activities with the City named as second insured.
The property and business owners along this section of Walnut Street have been
contacted about the Block Party and support the effort.
City Council Agenda: 06/14/10
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The Block Party was developed as a way to promote Downtown Monticello as a
community destination for a local event that can bring people out of their homes and into
the core downtown of the city, sponsored by the business community and orientated to
family social activities for local fellowship and gathering.
Although a recent amendment allows for the administrative approval of neighborhood
block parties, the closing of major internal routes (such as Walnut) is to be considered by
the City Council on a case-by-case basis.
A1. Budget Impact: The event organizers are required to complete an administrative
permit form for Temporary Sales. The cost for the permit is $50.00.
A2. Staff Workload Impact: Staff impacts are as noted above and include drop-off
and pickup of barricades, picnic tables and trash/recycling receptacles.
B. ALTERNATIVE ACTIONS:
1. Motion to approve the temporary closing of Walnut Street from 9 AM until 11 PM on
Wednesday, July 7th, 2010, including the use of public parking facilities and
amenities as described, contingent on proper proof of insurance coverage.
2. Motion to deny temporary closure of Walnut Street and use of public facilities and
amenities as described.
C. STAFF RECOMMENDATION:
City staff recommends Alternative #1 supporting the Downtown Association’s efforts
and does not object to the temporary closure.
D. SUPPORTING DATA:
Exhibit A: Monticello Downtown Business Association Block Party Site Plan
Downtown Monticello Block Party Site Plan
City Council Agenda: 06/14/10
1
5H. Consideration of approving a request for extension of a Conditional Use Permit for
Concept Stage and Development Stage Planned Unit Development approval for a
multi-tenant shopping center, a Conditional Use Permit for Outdoor Storage, a
Conditional Use Permit for a Car Wash, a Conditional Use Permit for a Motor Fuel
Station/Convenience Store, a Conditional Use Permit for minor auto repair, and
Preliminary Plat approval. Applicant: Mills Fleet Farm (AS)
A. REFERENCE AND BACKGROUND:
The Planning Commission reviewed this item on June 1st, 2010 and unanimously
recommended approval of the one year extension request. Mr. Stuart Mills and
Mills Fleet Farm project engineer Bruce Buxton were present during the meeting.
It was indicated that at the current time, Mills is re-evaluating all construction
projects. It was stated that as the economy begins to improve, these projects will
move forward, although the Monticello store is unlikely to be the first project to
begin construction.
On June 12th, 2007, the Planning Commission reviewed and recommended approval of a
concept and development stage planned unit development and preliminary plat request
for the proposed Mills Fleet Farm project, submitted by Mills Properties, Inc. The City
Council subsequently approved the requests on June 25th, 2007. On June 9th, 2008, the
City Council (with the recommendation of the Planning Commission) granted the
applicant an extension of the conditional use permit and preliminary plat for one year.
Then, on June 8th, 2009, (again with the recommendation of the Planning Commission)
the City Council approved a second one year extension of the CUP and preliminary plat.
The Monticello Zoning Ordinance requires that conditional use permits expire due to
non-use after one year. The Subdivision Ordinance requires that all preliminary platted
property be final platted within 1 year.
The extension letter sent by the applicant requests a two year extension period. The letter
cites the economic conditions as the foundation for this request.
The planning report for the original item has been provided for reference.
A1. Budget Impact: None.
A2. Staff Workload Impact: None.
B. ALTERNATIVE ACTIONS:
The Planning Commission recommends alternative 1 below.
1. Motion to approve a one-year extension for Mills Fleet Farm of Conditional Use
Permit for Concept Stage and Development Stage Planned Unit Development
City Council Agenda: 06/14/10
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approval for a multi-tenant shopping center, a Conditional Use Permit for Outdoor
Storage, a Conditional Use Permit for a Car Wash, a Conditional Use Permit for a
Motor Fuel Station/Convenience Store, a Conditional Use Permit for minor auto
repair, and Preliminary Plat approval.
2. Motion to deny the one-year extension request.
C. STAFF RECOMMENDATION:
City staff recommends Alternative #1. The City has consistently approved the recent
extension request for CUPs for one year terms, and recently has allowed for secondary
one-year extensions.
D. SUPPORTING DATA:
Exhibit A: Staff Report for City Council – 6/25/07
Exhibit B: Site Plans
City Council Agenda – 06/25/07
4. Consideration of a request for a Conditional Use Permit for Concept Stage
and Development Stage Planned Unit Development approval for a multi-
tenant shopping center, a Conditional Use Permit for Outdoor Storage, a
Conditional Use Permit for a Car Wash, a Conditional Use Permit for a
Motor Fuel Station/Convenience Store, a Conditional Use Permit for minor
auto repair, and Preliminary Plat approval. Applicant: Mills Fleet Farm.
(NAC).
PLANNING COMMISSION ACTION
The Planning Commission considered the request for Planned Unit
Development, Preliminary Plat, and several Conditional Use Permits at a
special meeting on June 12th, following its consideration of the
Comprehensive Plan Amendment and Rezoning heard at its June 5th regular
meeting. The Planning Commission recommended denial of the land use
changes on the south side of Chelsea Road, citing concerns over compatibility
with existing and future industrial land uses in the area. However, the
Planning Commission recommended approval of the land use changes to the
north side of Chelsea, believing that the direct exposure to the freeway
created a more compelling site for commercial uses. The Planning
Commission made these recommendations based on its view of long term
land use for the area, not on the specific proposals of Mills Fleet Farm.
Since the PUD, Plat, and Conditional Use Permits came before the Planning
Commission prior to the City Council’s final decision on the land use, the
Planning Commission was asked to address these applications as if the land
use changes had been approved by the Council. Clearly, if the Council does
not ultimately approve the land use changes, then the specific development
applications would not be appropriate. Therefore, the Planning Commission
weighed the development proposals in that light.
The staff report to the Planning Commission (included in full below)
recommended that if the City were to consider approval of the various
development applications, a series of eighteen conditions should be applied to
such approval. At the Planning Commission’s June 12th meeting, the
applicant presented responses to the staff report, and the meeting discussion
focused on addressing the conditions suggested by staff.
At the end of this report, we have re-grouped the original recommended
conditions based on the Planning Commission’s recommendation. Of the
eighteen conditions, the applicant indicated no problems with nine, and the
Commission adopted each of those nine conditions (Staff items
1,3,4,5,6,8,11,17,and 18). The Commission decided to strike four of the
conditions, including one which related to the layout of the convenience store
and limitations on access (Staff item 7), one requesting alternative paving for
pedestrian areas (Staff item 10), one requesting a white color for the silo
City Council Agenda – 06/25/07
2
(Staff item 16), and one requesting that access to the outlot south of Chelsea
Road be defined conceptually at this time (Staff item 12).
The remaining five conditions required clarification or resolution between
the applicant, staff, and the City Council. These include the following:
Reduction of the pylon sign to 200 square feet and 32 feet in height from
the proposed 400 square feet and 50 feet in height (Staff item 2). The
Planning Commission felt that some additional size was warranted,
however, a compromise between the applicant’s proposal and staff’s
recommendation should be found.
Improvements to the Dundas Road cul-de-sac be made as a part of this
project (Staff item 9). The Planning Commission was uncertain if the
intent of the staff recommendation was to require Mills Fleet Farm to make
and pay for these improvements. It was generally agreed that the
improvements were positive, but that they may not be appropriate costs to
assign to this applicant.
Reorientation of the fuel pump islands, based on the staff’s
recommendation to reduce access to the north site to a single point (Staff
item 13). Planning Commission believed that this item would not be
appropriate if the City Council retains two access points as requested by the
applicant and agreed to by the Commission.
Additional façade improvements made to the main store building (Staff
item 14). Planning Commission felt that some additional detail should be
considered for the building, but did not specify the level of detail or change.
Additional façade improvements should be made to the car wash
building, particularly where it is exposed to the freeway (Staff item 15).
The Planning Commission generally agreed that a better commercial face
should be shown to the freeway exposure, but did not specify the types of
improvements. There was some discussion about enhanced landscaping
that would screen the view of the car wash bay doors.
With these conditions either adhered to or resolved, as appropriate, the
Commission voted 3-1 to recommend approval of each of the development
applications, with the first condition being that the Council adopt the
required changes to the Comprehensive Plan and amend the zoning map to
B-4. As noted above, these recommendation were in light of the
Commission’s general recommendation that the land use not be changed, at
least for the main site south of Chelsea Road.
Please refer to the draft minutes of the June 12th, 2007 Planning Commission
meeting for further detail on the discussion of these requests.
City Council Agenda – 06/25/07
3
BACKGROUND
Fleet Farm is seeking a Conditional Use Permit for concept stage and
development stage Planned Unit Development for the construction of a big box
retail store, gas station, and car wash, as well as Preliminary Plat approval. The
applicant is also requesting approval of a Conditional Use Permit for outdoor
storage, a Conditional Use Permit for a car wash, a Conditional Use Permit for a
motor fuel station/convenience store and a Conditional Use Permit for minor auto
repair. The total site is 36.04 acres in size and is located within the Monticello
Commerce Center on Chelsea Road. The applicant is proposing a 273,201 square
foot retail building with outdoor storage on the south side of Chelsea Road and a
4,378 square foot motor fuel station with a car wash on the north side of Chelsea
Road.
Both sites are currently zoned I-1A, Light Industrial. A request for Rezoning and
a Comprehensive Plan Amendment is currently being considered by the City for
the site as part of a separate application. The applicant submitted a request for
rezoning to B-4, Regional Business on the north side of Chelsea Road, and B-4,
Regional Business on the south side of Chelsea Road. However, it should be
noted that the applicant’s narrative request submitted with the north side rezoning
request refers to a request for B-3, Highway Business Zoning. On June 5th, the
Planning Commission recommended approval of rezoning for the north side
parcel to B-3. As the B-3 District includes the requested conditional uses, that
district has been used for analysis purposes in this report. It should be noted that
the B-4 zoning district would include as permitted or conditional all the uses of a
B-3 district. The rezoning requests were heard by the Planning Commission at
their May and June regular meetings, and will be acted on by the City Council on
June 25th, 2007.
ANALYSIS
The subject site is located on Chelsea Road East, within the existing Monticello
Commerce Center. The site is directly south of Interstate 94 and west of the
CSAH 18 interchange. The site relies on PUD for shared parking, proof of
parking, building height, and multiple buildings.
Comprehensive Plan: Monticello’s Comprehensive Plan currently designates this
area for industrial use.
CUP/PUD: A Planned Unit Development allows for flexibility in performance
standards with the understanding that the development will be held to higher
standards of site and building design than would ordinarily be required. It is the
applicant’s responsibility to design the development with significant benefits and
communicate those benefits to the City for allowing a CUP/PUD.
Preliminary Plat. The site is platted as Lot 1, Block 1, Lot 2, Block 1 and Lot 1,
City Council Agenda – 06/25/07
4
Block 2 of Mills Addition to Monticello. Lot 1, Block 1 is 29.79 acres in size and
located on the south side of Chelsea Road. This lot will contain the Mills Fleet
Farm retail store. Lot 2, Block 1 is also on the south side of Chelsea Road and is
3.87 acres in size. This lot is identified for future development. Lot 1, Block 2 is
located on the north side of Chelsea Road and will contain the motor fuel station
and car wash. This lot is 2.38 acres in size.
Outdoor Storage. The applicant is proposing an outdoor storage area on the
south side of the retail building, on Lot 1, Block 1. Open and outdoor storage is
permitted as a conditional use in the B-4 District, provided the following
conditions are met:
1. The area is fenced and screened from view of neighboring residential uses.
Comment: The site abuts the Monticello High School property to the south, which
is zoned R-1. The applicant is proposing a fence 18 feet in height constructed of
metal fascia panels and expanded metal fence sections surrounding the outdoor
storage area, as well as landscaping to screen. A portion of the outdoor storage
area will also be surrounded by precast concrete wall panels.
The City may wish to comment on whether it believes a metal fence is appropriate
for this area, in relationship to surrounding uses and standards.
2. Storage is screened from view from the public right of way.
Comment: The storage area site does not abut any public right-of-way, and will
be screened from Chelsea Road by the remainder of the building.
3. Storage area is grassed or surfaced to control dust.
Comment: The outdoor storage area is proposed to be surfaced with concrete.
4. All lighting shall be hooded and so directed that the light source shall not
be visible from the public right of way or from neighboring residences.
Comment: A sample lighting plan from a similar Mills facility in Blaine was
supplied for reference. However, no lighting plan specific to this site has been
submitted at this time. Said plan shall be required as a condition of approval.
As an additional condition of approval, staff recommends that no exterior racking
be allowed anywhere on the site.
Car Wash. The applicant is proposing a four-bay, touchless car wash on the
north side of the motor fuel station site, on Lot 1, Block 2. Car washes are
permitted by Conditional Use Permit in the B-3 District, subject to the following
conditions:
City Council Agenda – 06/25/07
5
1. The architectural appearance and functional plan of the building and site
shall not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting influence within a
reasonable distance of the lot.
Comment: The architectural appearance of the proposed buildings and function
of the site will not be detrimental to the surrounding properties. However, staff
provides additional comments on the overall design of the car wash in the
“building design” section of this report.
2. Magazining or stacking space is constructed to accommodate that number
of vehicles which can be washed during a maximum 30 minute period and
shall be subject to the approval of the City Engineer.
Comment: The site has approximately 180 feet of stacking space, adequate for up
to nine vehicles. The proposed stacking space appears appropriate for the four
car wash stalls.
3. At the boundaries of a residential district a strip of not less than five feet
shall be landscaped and screened in compliance with Chapter 3 Section 2
G of this ordinance.
Comment: The site does not abut any residential districts.
4. Each light standard island and all islands in the parking lot shall be
landscaped or covered.
Comment: No lighting plan has been submitted at this time. Said plan shall be
required as a condition of approval.
5. Parking or car magazine storage space shall be screened from view of
abutting residential districts in compliance with Chapter 3 Section 2 G of
this ordinance.
Comment: The site does not abut any residential districts.
6. The entire area other than occupied by the buildings or plantings shall be
surfaced with material which will control dust and drainage which is
subject to the approval of the City Engineer.
Comment: The site is proposed to be surfaced with bituminous and concrete.
7. The entire area shall have a drainage system which is subject to the
approval of the City Engineer.
City Council Agenda – 06/25/07
6
Comment: The drainage plan has been reviewed by the City Engineer and the
applicant must comply with all recommendations outlined in his memo dated June
4, 2007.
8. All lighting shall be hooded and so directed that the light source is not
visible from the public right of way or from an abutting residence and
shall be in compliance with Chapter 3 Section 2 H of this ordinance.
Comment: No lighting plan has been submitted at this time. Said plan shall be
required as a condition of approval.
9. Vehicular access points shall be limited to create a minimum of conflict
with through traffic movement and adjacent driveways and shall be
subject to the approval of the City Engineer.
Comment: Vehicular access is evaluated under the “access and circulation”
portion of this report.
10. All signing and informational or visual communication devices shall be in
compliance with Chapter 3 Section 9 of this ordinance.
Comment: All signage has been reviewed and is detailed under the “signage”
section of this report.
11. Provisions are made to control and reduce noise.
12. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
Motor Fuel Station/Convenience Store. Motor fuel stations/convenience stores
are allowed in the B-3 District by Conditional Use Permit, provided the following
requirements are met:
1. Regardless of whether the dispensing sale or offering for sale of motor
fuels and/or oil is incidental to the conduct of the use or business, the
standards and requirements imposed by this ordinance for motor fuel
stations shall apply. These standards and requirements are however in
addition to other requirements which are imposed for other uses of the
property.
2. The architectural appearance and functional plan of the building and site
shall not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting influence within a
reasonable distance of the lot.
City Council Agenda – 06/25/07
7
Comment: The architectural appearance of the proposed buildings and function
of the site will not be detrimental to the surrounding properties. However, staff
does have concerns regarding the architectural appearance of the buildings as
related to the site’s freeway visibility. These concerns are discussed later in this
report.
3. The entire site other than that taken up by a building structure or plantings
shall be surfaced with a material to control dust and drainage which is
subject to the approval of the City Engineer.
Comment: The site is proposed to be surfaced with bituminous and concrete.
4. A minimum lot area of twenty two thousand five hundred (22,500) square
feet and minimum lot dimensions of one hundred fifty (150) feet by one
hundred thirty (130) feet.
Comment: The subject site is 103,673 square feet in area, 205 feet wide and 547
feet deep.
5. A drainage system subject to the approval of the City Engineer shall be
installed.
Comment: The City Engineer has reviewed the grading and drainage plans and
has provided comments. These comments are detailed in a memo from the City
Engineer dated June 4, 2007, and compliance with these comments will be
required as a condition of approval.
6. A curb not less than six 6 inches above grade shall separate the public
sidewalk from motor vehicle service areas.
Comment: There is no public sidewalk adjacent to the motor vehicle service area.
7. The lighting shall be accomplished in such away as to have no direct
source of light visible from adjacent land in residential use or from the
public right of way and shall be in compliance with Chapter 3 Section 2 H
of this ordinance.
Comment: No lighting plan has been submitted at this time. Said plan shall be
required as a condition of approval.
8. Wherever fuel pumps are to be installed, pump islands shall be installed.
Comment: Pump islands are proposed at all fuel pump locations.
City Council Agenda – 06/25/07
8
9. At the boundaries of a residential district a strip of not less than five feet
shall be landscaped and screened in compliance with Chapter 3 Section 7
G of this ordinance.
Comment: The site does not border any residential districts.
10. Each light standard landscaped.
Comment: The applicant has not submitted a photometric plan indicating the
location of each light standard. This shall be required as a condition of approval,
as well as landscaping of each standard.
11. Parking or car magazine storage space shall be screened from view of
abutting residential districts in compliance with Chapter 3 Section 2 G of
this ordinance.
Comment: The site does not border any residential districts.
12. Vehicular access points shall create a minimum of conflict with through
traffic movement and adjacent driveways and shall comply with Chapter 3
Section 5 of this ordinance and shall be subject to the approval of the City
Engineer.
Comment: This issue is reviewed in detail in the “access and circulation” section
of this report.
13. All signing and informational or visual communication devices shall be
minimized and shall be in compliance with Chapter 3 Section 9 of this
ordinance.
Comment: All signage has been reviewed for compliance, and detailed later in
this report.
14. Provisions are made to control and reduce noise.
15. No outside storage except as al1owed in compliance with Chapter 13
Section 4 of this ordinance.
Comment: No outdoor storage is proposed for the motor fuel site. It should also
be noted that no outdoor sales and display is proposed for the car wash, motor
fuel/convenience site, or big box site.
No outdoor sales and display within the PUD will be permitted without the
separate review and approval of a conditional use permit for that purpose.
City Council Agenda – 06/25/07
9
16. Sale of products other than those specifically mentioned in Chapter 13
Section 4 be subject to a conditional use permit and be in compliance with
Chapter 13 Section 4 F of this ordinance.
17. All conditions pertaining to a specific site are subject to change when the
Council upon investigation in relation to a formal request finds that the
general welfare and public betterment can be served as well or better by
modifying the conditions.
18. The provisions of Chapter 22 of this ordinance are considered and
satisfactorily met.
Minor Auto Repair. The applicant is proposing an auto service center within the
big box retail store where minor auto repair will be performed. The auto service
center is located on the south side of the building, adjacent to Chelsea Road.
Minor auto repair is allowed by Conditional Use Permit, subject to the same 18
conditions outlined above for the motor fuel station/convenience store use. The
proposed auto service center is entirely enclosed within the principal building.
Therefore, all conditions of approval are being evaluated as part of the big box
retail store.
Lot Requirements and Setbacks. The applicant has requested rezoning for the
south portion of the site from I-1A to B-4, Regional Business. There is no
minimum lot size or setback requirement for the B-4 District.
On the north side of Chelsea Road, the B-3, Highway Business standards were
applied. The following chart demonstrates the applicable performance
requirements of the B-3 District, as well as what is proposed for the site:
Required Proposed
Minimum Lot Size 22,500 sf 103,673 sf
Lot Width 100 feet 205 feet
Front Yard Setback 30 feet 50 feet
Side Yard Setback 10 feet 30 feet
Rear Yard Setback 30 feet 118 feet
No minimum lot area is required for the B-3 District. However, the proposed
motor fuel station use requires a minimum lot size of 22,500 square feet. The
proposed car wash and convenience store buildings and accessory uses on the
north side of Chelsea Road meet all setback requirements, as demonstrated above.
Parking. The applicant is proposing a retail store with an auto center, warehouse
and office space, a convenience store/gas station, and a car wash. Staff has
reviewed the building areas for each use and calculated the required parking for
the site. The following chart demonstrates the minimum number of parking stalls
required for the site:
City Council Agenda – 06/25/07
10
Tenant Area (90%) Requirement Stalls
Retail
Warehouse
Office
175,497 sf
78,416 sf
6,028 sf
157,948 sf
70,575 sf
5,426 sf
1 space/200 sf of floor area
1 space/500 sf of floor area
3 spaces plus 1/200 sf of area
790 spaces
142 spaces
31 spaces
Auto Center 6,962 sf 6,266 sf 8 spaces plus 1/800 sf of area
over 1,000 sf
19 spaces
Sub-total required 982 spaces
Convenience
Store/Gas Station
4,378 sf 3,941 sf 1/200 sf of floor area 20 spaces
Car Wash 5,100 sf 4,590 sf 0 in addition to gas station 0
Total Required 1,002
spaces
The site plan illustrates 862 parking stalls on the retail store site, and 23 parking
stalls on the gas station site, for a total of 885 parking stalls. The motor fuel
station/car wash site on the north side of Chelsea Road is adequately parked with
three excess stalls. As the site is a PUD, shared parking may be accommodated.
In summary, the site is 117 parking spaces short of the minimum requirement.
While the site is under-parked, a large number of stalls are provided. Due to the
large amount of impervious parking area already provided, in lieu of providing
additional parking stalls, staff recommends that the applicant provide proof of
parking for the 117 additional stalls required. The proof of parking shall be
provided on Lot 2, Block 1, which is currently reserved for future development, or
elsewhere on the site. In the event that lack of parking becomes an issue for the
retail site, the City may require construction of the proof of parking stalls.
Landscaping.
South Side Site Landscaping
For commercial sites, a minimum of one overstory tree per 1,000 square feet of
gross building floor area, or one tree per 50 lineal feet of site perimeter,
whichever is greater, is required. The retail site on the south side of Chelsea Road
has 3,913.63 lineal feet of site perimeter, requiring 79 overstory trees. Under the
floor area calculation, 273 overstory trees would be required. As the floor area
calculation is the greater of the two, the floor area calculation shall prevail, and
273 trees shall be required for the retail site. The applicant is proposing 273
overstory trees for the retail site, including Douglas Fir, Colorado Blue Spruce,
Austrian Pine, Little Leaf Linden, Sugar Maple, River Birch, Common Hackberry
and Manchurian Ash.
The majority of the trees proposed are around the perimeter of the site and within
parking lot islands. The applicant has provided 31 landscaped islands within the
parking lot to break up the monotony of this large space. A total of nine overstory
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11
trees and ten shrubs are proposed on the north side of the retail building to screen
the auto service center from Chelsea Road. The applicant has also provided a
number of shrubs throughout the site.
Future Retail Site Landscaping
Lot 2 of Block 1, the future development site, contains 1816 feet of site perimeter,
requiring 37 overstory trees. No trees are proposed for the future development
site at this time, as landscaping for that area will be provided at the time of
development.
South Site Buffer Yard Landscaping
In addition to the minimum landscape requirement, a buffer yard is also required
adjacent to the south property line, due to the conflict in uses between the big box
commercial retailer and the High School. A commercial to institutional land use
conflict is considered an “A” level conflict. This conflict requires a 10 foot
landscaped yard with a minimum of 40 plant units. The applicant is responsible
for one half of this requirement. The applicant has provided a landscaped yard
with 430 plant units along the south property line, satisfying the buffer yard
requirement.
The site borders an industrial use to the east, which is a level “B” conflict. The
buffer yard requirement for the east property line is a 20 foot minimum
landscaped yard with 80 plant units. The applicant has provided a 20 foot
landscaped yard along the east property line with 470 plant units. The minimum
requirement is therefore met in this location as well, and the industrial user to the
east will not be responsible for any buffer yard plantings.
North Side Site Landscaping
The gas convenience store/car wash site contains 1424.58 feet of site perimeter,
requiring 28 overstory trees, versus the nine that would be required under the
floor area calculation. As such, the perimeter requirement shall prevail. The
applicant has provided 28 overstory trees, satisfying the minimum requirement.
Trees provided include Douglas Fir, Colorado Blue Spruce, Austrian Pine, Little
Leaf Linden, River Birch, Common Hackberry and Manchurian Ash. The
majority of the trees provided are along the site perimeter and within the vacuum
island adjacent to the car wash. The applicant has also provided a number of
shrubs. Shrubs are proposed between the overstory trees around the perimeter,
and surrounding the pylon sign and monument sign.
The City recognizes the value of interstate highway exposure to commercial and
industrial developers. However, the City also wishes to avoid the undesirable
monotony of fully exposed building sides and rears. Therefore, it is important to
City Council Agenda – 06/25/07
12
provide natural visual variety to the travelers on the interstate. Natural visual
variety and pleasing aesthetics project a clean and welcoming image for the City.
Commercial and industrial developers of lots/parcels having substantial exposure
to the interstate shall be required to landscape/screen to provide 60% opacity
year-round with at least 80% of such screening to be of natural materials. The
proposed gas convenience store/car wash borders Interstate 94 to the north. The
applicant has proposed dense vegetation on the north side of the site, including 12
trees. Of those, seven are evergreen trees to provide year-round screening.
North Side Buffer Yard Landscaping
The north Chelsea site also borders an industrial use to the west, which again is a
level “B” conflict. The buffer yard requirement for the west property line is a 20
foot minimum landscaped yard with 80 plant units. The applicant is responsible
for one half of this requirement. The applicant has provided a 10 foot landscaped
yard along the east property line with 289 plant units. The applicant has provided
the minimum number of plant units, as well as the minimum 10 foot landscaped
yard. The property owner to the west shall be responsible for a 10 foot buffer
yard as well. However, no additional plant units are required.
As a note on overall landscaping, staff would recommend irrigation of all
boulevard and buffer yard areas. Staff would also recommend that similar to
other recently approved commercial and industrial projects, the applicant be
required to provide overstory boulevard tree plantings. Additionally, similar to
the Union Crossings PUD site, staff would recommend the use of pavers and
scored concrete in pedestrian crossing areas and in handicap accessible areas of
the parking surface. This recommendation is in lieu of striped pavement.
Lighting. No lighting plan has been submitted at this time. A lighting plan
specific to this development shall be required as a condition of approval.
Signage. The applicant has submitted a signage plan, detailing proposed signs
for both the big box retail store and the motor fuel station/car wash site.
Pylon/Monument Signage
The applicant is proposing a 400 square foot pylon sign on the north side of
Chelsea Road to gain visibility from the freeway. In addition to the 400 square
foot pylon the applicant is proposing a 126 square foot monument sign. No other
freestanding signs are proposed in the remainder of the development.
As stated, the applicant is proposing a 400 square foot pylon sign at a height of 50
feet. For the Union Crossings site on the north side of I-94, a sign of this area and
a height of 57 feet was permitted by PUD, provided that other signs in the project
were limited to wall or monument signs, due to the size of the overall
development and the size and number of the retail stores and other uses. The
City Council Agenda – 06/25/07
13
Union Crossings development contains Target, Home Depot, an inline retail
center, a detached strip retail center, and other proposed uses. The subject Fleet
Farm site is much smaller than the Union Crossings site, and contains only one
user. Additionally, the site includes a provision for a 67 foot tall silo as part of
the big box site. In that regard, staff does not believe the proposed 400 square
foot sign at 50 feet in height is appropriate for the site. The site is within 800 feet
of the freeway and is therefore allowed a freeway standard sign up to 32 feet in
height and 200 square feet in area on either the north or south side of Chelsea
Road. In that regard, staff recommends that the applicant reduce the size of the
proposed pylon sign to not exceed 200 square feet and limit height to 32-feet. .
North Side Wall Signage
For the motor fuel store, wall signage up to 10 percent of the total façade may be
provided for the site, not to exceed 100 square feet. The front façade of the
building is 956.5 square feet in area. The rear façade is visible from I-94, for an
additional 956.5 square feet of façade. The use is therefore eligible for 100 square
feet of signage. The applicant has proposed four, 40 square foot LED display
signs, and four, 32 square foot identification signs within the lighted canopy.
Therefore, the total wall signage proposed is 288 square foot of signage,
exceeding the maximum.
The applicant is proposing five, 8-foot wall signs for the car wash, as well as
three, 9-foot wall signs, for a total of 67 square feet of wall signage. Due to area
of the façade for the car wash, the applicant is eligible for up to 100 square feet of
signage. Therefore, the proposed signage is well within the parameters of the
ordinance.
The applicant has not utilized all wall signage permitted for the car wash, and
therefore may be allotted the remaining 33 square feet to be used on the motor
fuel store. However, the applicant has exceeded even the 133 square foot
allotment. Staff recommends that the applicant eliminate signage or reduce the
size of signage on the convenience store to not exceed 133 square feet.
South Side Wall Signage
On the south side of Chelsea Road, the big box retailer is visible from both
Chelsea Road and Dundas Road. The total façade on the north elevation, visible
from Chelsea Road, is 9,854 square feet. The façade area on the west elevation,
visible from Dundas Road, is approximately 19,435 square feet. Ten percent of
total façade area is equal to 2,929 square feet of signage. The ordinance states
that the site is eligible for signage equal to 10% of the total façade, up to 100
square feet. In this case, the 10 percent calculation greatly exceeds 100 square
feet. Therefore, the maximum allowable signage is equal to 100 square feet.
City Council Agenda – 06/25/07
14
The applicant has proposed 825 square feet of signage on the east elevation, and
199 square feet of signage on the north elevation. The total area of signage
proposed therefore is 1,024 square feet. However, the current zoning ordinance
language does not account for big box retail stores, where large wall signs do not
appear out of place with the structure. The signage proposed by the applicant in
this case is proportionate to the large building. Allowances relative to building
size for wall signage were made for past projects which also include larger
building facades.
The applicant has not proposed any additional freestanding signs on the south side
of Chelsea Road. Therefore, the proposed signage appears to be appropriate for
the site.
Access and Circulation.
South Side Access and Circulation
Access to the big box retail site is provided at two points extending south from
Chelsea Road. One access is located in the far northeast corner, and one is
located 140 feet to the west. The northwest access point is 45 feet in width where
it intersects with Chelsea Road, wide enough for three lanes of traffic including a
right-turn lane. The western access is only 30 feet in width where it intersects
with Chelsea Road, only allowing enough space for two lanes of traffic. Staff
recommends that the width of this west access be increased to provide additional
space for a separate right-turn lane in this location as well. Staff also
recommends that each access should include a protected right-turn lane along
Chelsea Road.
Internal drive lanes throughout the parking lot are a minimum of 24 feet in width,
wide enough for two lanes of traffic. The drive lane on the north side of the site
extending toward the auto center is 30 feet in width. A drive lane extends along
the east property line and wraps around toward the south, providing access to the
west side of the building. This drive will be utilized by trucks to access the
loading dock area on the west side of the building. This drive lane is
approximately 28 feet in width, and appears to provide adequate space for turning
movements for truck traffic.
North Side Access and Circulation
Access to the motor fuel station and car wash site on the north side of Chelsea
Road is provided at two points as well. Both access drives extend north from
Chelsea Road into the site. Both drives are 30 feet in width, wide enough for two
lanes of traffic with no turn lanes. Internal drive lanes are all a minimum of 30
feet in width. Staff recommends that access to this site be limited to one driveway
near the east edge of the site to avoid potential conflicts with vehicles accessing
the existing driveway to the west, and that this access also include a protected
City Council Agenda – 06/25/07
15
right-turn lane along Chelsea Road.
The site is designed so that customers purchasing fuel can pull into the site, circle
through the fuel pump area, and exit back out onto Chelsea Road. As such, the
fuel pumps are oriented to be parallel with Chelsea Road. The orientation of the
pumps in this manner limits stacking space for waiting vehicles, and creates a
very tight site. Due to the depth of the site, there appears to be adequate room to
orient the fuel pumps to be perpendicular to Chelsea Road, providing more
stacking space. This may require the applicant to shift the convenience store
building and car wash to the north. However, as stated above, the site appears to
have adequate depth to support such an arrangement. As such, staff recommends
reorienting the fuel pumps.
Due to the tight conditions on the site, staff also offers the option of relocating the
car wash and motor fuel station to the south side of Chelsea Road on Lot 2, Block
1, a 3.87 acre site reserved for future development. This site would allow
additional room for access and stacking that is not available on the chosen 2.38
acre site on the north side of Chelsea Road.
Pedestrian access through both sites is accommodated through a series of
sidewalks at the front of each building. Due to the size of the parking lot and the
amount of traffic expected, staff recommends that the applicant provide
pedestrian crossing striping and pedestrian curb ramps between the parking lot
and the front of the Mills Fleet Farm building.
For the overall site, the City Engineer and consulting engineer from WSB have
reviewed the plans regarding access and street design, and have provided the
following comments:
1. Only one access towards the east side of the site north of Chelsea Road
will be allowed. There appears to be ample room on site to push the
building to the north to provide acceptable levels of circulation for all
vehicles on site.
2. Right-turn lanes should be provided at all access locations on Chelsea
Road.
3. The temporary cul-de-sac at the east end of Dundas Road, just west of the
Mills Fleet Farm building, must be reconstructed as a permanent cul-de-
sac as part of this project. This may require using some land on the Fleet
Farm site.
4. Provide pedestrian crossing striping and pedestrian curb ramps as needed
between the parking lot and the front of the Mills Fleet Farm building. As
a note on this item, for the south side retail site, planning staff have
recommended scored concrete and pavers as an alternative to striped
pavement. This recommendation is consistent with other recent PUD
retail project recommendations.
5. The entrance to the future lot (Lot 2, Block 1) should be shown
City Council Agenda – 06/25/07
16
conceptually on all plans.
Building Design.
North Side Building Design
On the north side of Chelsea Road, for the motor fuel station, the building will be
constructed primarily of rockface concrete block with ribbed concrete block
accents with an orange metal canopy. The primary building materials will be
earth toned in color. The car wash will be constructed primarily of random rib
exposed precast concrete panels. The car wash will have overhead doors on the
north and south elevations.
Staff is concerned with the appearance of the car wash as visible from the
interstate. The proposed design exposes four overhead doors to I-94 with few
aesthetic details. The City has a limited amount of freeway exposed land
available, and should therefore hold all freeway exposed uses to high
development standards. The applicant is requesting approval via PUD, which
allows the applicant flexibility from performance standards in exchange for high
quality building design. Therefore, staff recommends that the applicant consider
an alternate design for the structure, including alternate building materials, more
visual detail, and/or re-orienting the building so that the overhead doors do not
face the freeway. Again, staff also offers the option of relocating the car wash
and motor fuel station to Lot 2, Block 1 on the south side of Chelsea Road.
South Side Building Design
On the south side of Chelsea Road, the big box retail store will be constructed
with stacked, pattern exposed precast concrete near the foundation followed by
random, rib exposed concrete for the remainder of the building. The front
entrance will be accented with EIFS plaster, as will the auto service entrance. The
building will be gray in color with orange, white, and black accents. Overhead
doors are proposed on every side of the building, with the majority of these doors
on the west side near the loading dock and on the north side for the auto service
center. The applicant is proposing a 67.67 foot silo at the front entrance of the
building, constructed of EIFS plaster with an orange pre-finished sheet metal
dome. The remainder of the building is a maximum of 33.67 feet in height.
Building height in the B-4 District is limited to two-stories. The proposed silo
greatly exceeds two stories in height. The applicant is requesting flexibility on
this feature as part of the PUD process.
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, staff
recommends that the applicant revise the elevations for the big box retail store to
City Council Agenda – 06/25/07
17
provide additional aesthetic details to break up the long façade. Specifically, staff
recommends that the applicant provide additional vertical details, roofline
variations, and materials in contrasting, but coordinating colors. Staff
recommends that said details be applied to all four sides of the building, with the
emphasis on the east, north, and west elevations. Similar requirements were
applied to previously approved big box retail stores in the City, including Target
and WalMart.
Furthermore, staff recommends that the applicant consider an alternate color for
the top of the proposed silo. The applicant is proposing a silo nearly 68 feet in
height with an orange cap. While staff recognizes that this silo is a signature
element for all Fleet Farm stores, the color appears to be out of character with the
surrounding area. Staff recommends that the silo cap be white or cream in color,
similar to the Lakeville store, to increase the aesthetic quality of the site.
Grading and Drainage. The City Engineer and consulting engineer from WSB
have reviewed the grading and drainage plans and provided the following
comments:
1. Based on the proposed use of the property north of Chelsea Road as a
fueling station the City is requesting that the storm sewer system serving
this site be routed through the High School Pond to the south, rather than
routing it to the west along Chelsea Road.
2. The grading of the infield area between the two entrances to the Mills
Fleet Farm site south of Chelsea Road should be revised to provide
positive drainage to the storm sewer structure located in the middle of this
area. Is there a reason that this has been graded as a low area?
3. Combine the two storm sewer outlets to the High School Pond into one
outlet at the south end of the parking lot.
4. Provide all required drainage and utility easements around the perimeter of
both sites.
5. A minimum pavement grade of 2% is recommended throughout the
parking lot.
Utilities. Regarding the utility plan submitted, the City Engineer, Public Works
Director, and consulting engineer have provided the following comments:
1. Replace all 90-degree watermain bends with two 45-degree bends with a
minimum of 10-feet of watermain between the bends.
2. Provide profiles of all utilities at crossing locations to make sure no
conflicts exist.
3. If any portion of the southerly site is to be split off and sold at a later date
it must have its own utility services in order to do so.
4. Sanitary sewer manholes with a drop of more than two-feet must be an
outside drop manhole.
City Council Agenda – 06/25/07
18
5. The City’s Fire Chief must review the final utility plans to ensure that
there are an adequate number of fire hydrants on site, that they are spaced
adequately, and that a hydrant is located no more than 150-feet from each
FDC for the building for adequate fire fighting capabilities.
6. Show trunk sanitary sewer on north end of Lot 1, Block 2.
7. Keep tank field out of 12-foot drainage and utility easement along south
edge of Lot 1, Block 2.
8. Verify the size of the watermain service on the south side of Chelsea
Road.
9. Show sanitary service from property line to the west of Lot 1, Block 2.
ALTERNATIVE ACTIONS.
In a series of 3-1 votes, the Planning Commission recommended approval of
all of the requests below, based on the amended Exhibit Z included in this
report.
Decision 1. Regarding the request for a Conditional Use Permit for Concept
Stage and Development Stage Planned Unit Development approval and
Preliminary Plat approval for a big box retail store, motor fuel
station/convenience store and car wash, the City has the following options:
A. Motion to approve the request for Concept Stage and Development Stage
Planned Unit Development and Preliminary Plat approval for the entire
site, based on a finding that the proposed uses constitute a superior project
as required by PUD and are not consistent with the intent of the B-4 and
B-3 Districts, subject to the conditions outlined in Exhibit Z.
B. Motion to approve the request for Concept Stage and Development Stage
Planned Unit Development for Block 1 only (south of Chelsea Rd.),
subject to the conditions outlined in Exhibit Z, based on a finding that the
proposed uses on the south side of Chelsea Road constitute a superior
project as required by PUD, and the uses proposed on the north side of
Chelsea Road are not consistent with the intent of Planned Unit
Development.
C. Motion to deny the request for Concept Stage Planned Unit Development
and Preliminary Plat approval, based on a finding that the proposed uses
do not meet the requirements for PUD and are not are not consistent with
the intent of the B-4 and B-3 Districts.
Decision 2. Regarding the request for a Conditional Use Permit for Outdoor
Storage, the City has the following options:
A. Motion to approve the Conditional Use Permit for Open and Outdoor
Storage, based on a finding that the proposed use is consistent with the
intent of the B-4 District and the use satisfies the conditions of approval.
City Council Agenda – 06/25/07
19
B. Motion to deny the Conditional Use Permit for a Open and Outdoor
Storage, based on a finding that the conditions for approval have not been
met.
Decision 3. Regarding the request for a Conditional Use Permit for a Car Wash,
the City has the following options:
A. Motion to approve the Conditional Use Permit for a Car Wash, based on a
finding that the proposed use is consistent with the intent of the B-3
District and the use satisfies the conditions of approval.
B. Motion to deny the Conditional Use Permit for a Car Wash, based on a
finding that the conditions for approval have not been met.
Decision 4. Regarding the request for a Conditional Use Permit for a Motor Fuel
Station/Convenience Store, the City has the following options:
A. Motion to approve the Conditional Use Permit for a Motor Fuel
Station/Convenience Store, based on a finding that the proposed use is
consistent with the intent of the B-3 District and the use satisfies the
conditions of approval.
B. Motion to deny the Conditional Use Permit for a Motor Fuel
Station/Convenience Store, based on a finding that the conditions for
approval have not been met.
Decision 5. Regarding the request for a Conditional Use Permit for Minor Auto
Repair, the City has the following options:
A. Motion to approve the Conditional Use Permit for Minor Auto Repair,
based on a finding that the proposed use is consistent with the intent of
the B-4 District and the use satisfies the conditions of approval.
B. Motion to deny the Conditional Use Permit for Minor Auto Repair, based
on a finding that the conditions for approval have not been met.
RECOMMENDATION
Mills Fleet Farm is requesting Concept Stage Planned Unit Development and
Preliminary Plat approval, as well as approval of four conditional use permits.
All requested approvals are contingent on the sites being rezoned from the
existing I-1A zoning to B-3, Highway Business and/or B-4, Regional Business.
The City Council will hear the requests for rezoning and comprehensive plan
amendments at their June 25 meeting.
City Council Agenda – 06/25/07
20
Conditional Use Permits requested include a car wash and a motor fuel
station/convenience store on the north side of Chelsea Road where the requested
zoning is B-3, Highway, and outdoor storage and minor auto repair on the south
side of Chelsea Road, where the requested zoning is B-4, Regional Business.
With the exception of not submitting a photometric plan, all uses generally meet
the requirements for the requested Conditional Use Permits and staff recommends
approval.
Regarding the request for Concept Stage Planned Unit Development and
Preliminary Plat, the overall site plan is generally consistent with the requirements
of the respected district. However, staff does have some concerns relating to
signage, building design, and parking, among others.
The proposed building design for the big box retail store lacks visual detail and
overall aesthetics, which are required to justify flexibility for PUD. The applicant
has also exceeded the freestanding signage allowances for the PUD, wall signage
allowances on the gas station/convenience store site, and has not provided
adequate parking. Staff recommends that these items be remedied as conditions
of approval.
As stated above, the requested approvals are contingent on the rezoning and
Comprehensive Plan amendments requested by the applicant. In the event that
the land is rezoned, the City should consider if the proposed uses and building
designs are appropriate for the site, particularly as this land is visible from the
freeway. It is reasonable for the City to expect higher quality architecture for any
land rezoned to commercial. The car wash proposed adjacent to Interstate 94
lacks visual detail and overall aesthetics. It appears as though the applicant has
chosen the site on the north side of Chelsea Road to gain freeway exposure with
both the buildings and the pylon sign, as there is more than adequate space on Lot
2, Block 1 on the south side of Chelsea Road for a motor fuel station and car
wash.
In conjunction with any approval, the City Council is asked to review all of
the 18 conditions to determine a final approved Exhibit Z.
SUPPORTING DATA
Exhibit A: Applicant Narrative
Exhibit B: Preliminary Plat
Exhibit C: Existing Conditions
Exhibit D: Site Plan
Exhibit E: Grading Plan
Exhibit F: Utility Plan
Exhibit G: Erosion Control Plan
Exhibit H: Overall Landscape Plan
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Exhibit I: Typical Floor Plan
Exhibit J: Retail Store Elevations
Exhibit K: Convenience Store Floor Plan
Exhibit L: Convenience Store Elevations
Exhibit M: Car Wash Floor Plan
Exhibit N: Car Wash Elevations
Exhibit O: Yard Entrance Floor Plan and Perimeter Packing Elevations
Exhibit P: Seasonal Display Elevations
Exhibit Q: Typical Signage
Exhibit R: Sample Site Photometric Plan
Exhibit S: Photos of Lakeville Site
Exhibit T: City Engineers Memo – June 4, 2007
Exhibit U: Sample Material and Color Palette
Exhibit V: Comments to Staff Recommendations (from Applicant)
Exhibit W: DRAFT Planning Commission Minutes of 06/12/07 (Included in
Previous Item.)
Exhibit Z: Conditions of Approval
City Council Agenda – 06/25/07
22
EXHIBIT Z
Conditions of Approval
Mills Fleet Farm Preliminary Plat, Planned Unit Development and
Conditional Use Permits
Recommended Staff Conditions agreed to by Applicant and adopted by Planning
Commission:
1. All approvals are contingent on the outcome of the requests for rezoning
and comprehensive plan amendments submitted by the applicant in April,
2007.
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.
8. Right-turn lanes shall be provided at all access locations on Chelsea Road.
11. No outdoor salles and display is permitted within the PUD without the
request and review of a subsequent Conditional Use Permit.
17. The applicant shall comply with all recommendations of the City
Engineer, as outlined in his memo dated June 4, 2007.
18. The applicant shall verify the directional arrows and directional labels on
all plans.
Recommended Staff Conditions deleted by Planning Commission:
7. Only one access towards the east side of the north of Chelsea Road will be
allowed.
10. The big box retail site plans shall be revised to include the use of
pavers and scored concrete in pedestrian crossing areas and in handicap
accessible areas of the parking surface. Pedestrian ramps shall also be
provided for the entire PUD site as required by the City Engineer.
12. The entrance to the future lot (Lot 2, Block 1) shall be shown conceptually
City Council Agenda – 06/25/07
23
on all plans.
16. The cap of the proposed silo shall be white or cream in color, as opposed
to orange.
Recommended Staff Conditions to be resolved as part of Council action:
2. The applicant shall reduce the size of the proposed pylon sign so as not
to exceed 200 square feet in area, nor 32 feet in height.
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.
13. The fuel pumps at the motor fuel station shall be re-oriented to be
perpendicular to Chelsea Road to provide more stacking space.
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.
City Council Agenda: 06/14/10
1
5I. Consideration of approving a letter of support for LWO Properties (Broadway
Square Apartments) for application for Section 42 Tax Credits (AS)
A. REFERENCE AND BACKGROUND:
This is good news for the current residents. The City Council is asked to consider
approving a letter of support on behalf of LWO Properties for a tax credit application to
the Minnesota Housing Finance Agency (MHFA). The application for tax credits
authorized under Section 42, a provision of the Federal Fair Housing Act. The letter
recommends LWO’s application for tax credit, which will enable the Broadway Square
Apartment to remain as it has in the past as “subsidized”, and affordable for the current
residents. In essence, this tax credit will enable the property to operate as it has in the
past and eliminates the threat of evictions associated with otherwise conversion to a
market rate facility,
Broadway Square will pay off its remaining balance on an existing USDA Section 515
Rural Rental Housing loan this year. With that repayment, the property can be converted
to a market rate rental community. The City has received letters and comments from
current Broadway Square residents requesting that the City support LWO’s efforts to
maintain the property as an affordable housing complex. To do so, LWO is working with
the Minnesota Housing Finance Agency on a variety of affordable housing finance
programs, of which the Section 42 tax credits are just one alternative.
LWO has also asked the EDA to consider administration of Small Cities financing
through the Department of Employment and Economic Development. The EDA will
consider that item and recommendation separately.
There are 28 rental units at Broadway Square. All are occupied at the current time.
Should the complex by converted to market rate housing, rents for these residents will be
increased. Residents who cannot afford the increased residents will have two primary
options: to transfer to other USDA Rural Development Properties as they become
available, or be put on a waiting list for vouchers to offset their increased costs.
LWO Properties has indicated that with or without the tax credits and other affordable
housing sources, they will also be completing a renovation of the property this year.
A1. Budget Impact: None. There is no impact to the City in issuing this letter of
support.
A2. Staff Workload Impact: None.
B. ALTERNATIVE ACTIONS:
1. Motion to approve a letter of support for LWO Properties (Broadway Square
Apartments) for application for Section 42 Tax Credits.
City Council Agenda: 06/14/10
2
2. Motion to deny approval of a letter of support for LWO Properties (Broadway
Square Apartments) for application for Section 42 Tax Credits.
C. STAFF RECOMMENDATION:
City staff recommends Alternative #1 above. For the residents of Broadway Square, the
property’s current status as affordable housing is critical. The letter of support provides
required documentation for MHFA that the City is supportive of the complex retaining its
status as such.
D. SUPPORTING DATA:
Exhibit A- Letter of Support
Exhibit B – MetroPlains (LWO Properties, Inc.) Letter to Council, April 29, 2010
June 14th, 2010
Minnesota Housing Finance Agency
400 Sibley Street, #200
St. Paul, MN 55101
RE: Letter of Support
Broadway Square Rehab
To Whom It May Concern:
The City of Monticello supports LWO Properties, Inc. in its application for Section 42 Tax
Credit funds and other funds as needed to complete a rehabilitation of Broadway Square
Apartments and keep the property affordable.
As our region grows, Monticello is committed to providing a variety of housing types for its
residents. Affordable housing is important and in short supply. If the 28 units at Broadway
were to become market units, the impact would be detrimental to our residents. The proposed
use of funds through MHFA will assist LWO Properties in rehabilitation of these units and keep
them affordable for many years.
Having assistance available through the different funding programs at MHFA is a great benefit to
both the citizens of Monticello and the City as a whole and would support the mission of our
Comprehensive Plan to sustain quality housing for our residents.
Sincerely,
Mayor Clint Herbst
on behalf of the Monticello City Council
City Council Agenda: 6/14/10
1
7. Public Hearing - Consideration of tabling Public Hearing to June 28, 2010 for Third
Street Parking Lot amendment to the 2010 Street Reconstruction project, City
Project No. 10C001 (BW)
A. REFERENCE AND BACKGROUND:
On May 24, 2010, the City Council called a Public Hearing for June 14th for the purpose
of receiving and discussing public input on proposed improvements to the City-owned
Third Street parking lot on block 35. During the May 24th meeting, Council discussed the
potential use of special assessments to help fund the improvements. Council directed the
City Engineer to schedule a meeting with the property owners on block 35 prior to the
June 14th Public Hearing for the purpose of discussing the proposed improvements and
the potential use of special assessments.
The City Engineer was not able to contact enough of the property owners in time to
schedule a meeting before the 14th. In addition, a Public Hearing notice wasn’t published
as required by State Statute. Council is therefore being asked to open the Public Hearing
and then table it until June 28th. Notice for the June 28th Public Hearing has been sent to
the Monticello Times, and will be published in the June 17th and 24th editions as required.
Last week staff mailed meeting notices to each of the property owners on block 35,
inviting them to a meeting to be held at 7:00 AM on Friday, June 18th at City Hall. Staff
also called each of the property owners to make sure they were aware of the meeting and
that if they couldn’t attend they could at least provide their preliminary comments to
staff, which would then be discussed during the meeting. Staff also informed each of the
property owners about the June 28th Public Hearing to ensure they knew about it.
Staff has been gathering all available information pertaining to previous assessments
levied while constructing the Third Street parking plot. All such information will be
available for review and discussion during the June 18th meeting.
A1. Budget Impact: No impacts are anticipated.
A2. Staff Workload Impact: No impacts are anticipated.
B. ALTERNATIVE ACTIONS:
1. Motion to table the Public Hearing for the Third Street parking lot amendment to the
2010 Street Reconstruction project, City Project No. 10C001, until June 28, 2010.
2. Motion of other.
City Council Agenda: 6/14/10
2
C. STAFF RECOMMENDATION:
City staff recommends approving Alternative Action #1.
D. SUPPORTING DATA:
None
City Council Agenda: 6/14/10
1
8. Public Hearing – Consideration of NE Quadrant Improvements at Trunk Highway
25 and CSAH 75, City Project No. 10C005 (BW/WSB)
A. REFERENCE AND BACKGROUND:
At the May 24, 2010 City Council meeting, the Council accepted the feasibility report for
the transportation and access improvements to the northeast quadrant of State Trunk
Highway 25 and Wright County State-Aid Highway 75. This project was initiated by
Semper Development, who has made formal application to the City for redevelopment of
a portion of block 53 in the NE quadrant of TH 25 and CSAH 75. At the May 24th
meeting, Council also authorized preparation of plans and specifications for the
improvements contingent on the applicant providing a deposit in the amount of $24,517,
which is 10% of their proposed contribution to the project. The existing property owners
(Van Heel and Muller) have since provided the City with signed assessment petitions
indicating they agree to be assessed for the engineering work related to preparing the
final plans and specifications for the project. As such, staff directed WSB to begin
preparing the plans and specifications to keep the project on schedule.
The following is background information related to the transportation improvements
addressed in the feasibility report:
TH 25/CSAH 75 Intersection Improvements – Ultimate Build-out
Preliminary engineering analysis of the ultimate configuration of this intersection was
completed in order to identify the right of way and interim or ultimate improvements
needed as the NE quadrant develops. Based on our analysis, the following are proposed
additional improvements to the current lane configurations for the intersection:
Dual right turn lanes from westbound CSAH 75 to northbound TH 25
Dual left turn lanes from southbound TH 25 to eastbound CSAH 75
Dual left turn lanes from eastbound CSAH 75 to northbound TH 25
The purpose of this ultimate improvement is to ease congestion and to accommodate the
higher use volumes of traffic within the corridor. There are right of way impacts
primarily on the NE and SE quadrants of the intersection. The on-street parking on the
north side of CSAH 75 between TH 25 and Cedar Street would be removed. WSB is
looking at alternate designs to not impact the on-street parking along the north side of
CSAH 75 between Walnut Street and TH 25. The on-street parking along the south side
of CSAH 75, both east and west of TH 25 would not be impacted based on our
preliminary designs. These impacts, with the exception of the removal of several on-
street parking stalls abutting the proposed development on the north side of CSAH 75,
would not be made with the proposed interim improvement project, but would be affected
ultimately with the future build-out of the intersection.
A majority of the right of way needed for the ultimate improvements would be secured
with the proposed development in the NE quadrant. The remaining right of way needed
would be from the NW and SE quadrants to buildout the future southbound TH 25 dual
left turn lanes to eastbound CSAH 75.
City Council Agenda: 6/14/10
2
Staff has met with Mn/DOT and Wright County and they indicated they are supportive of
the preliminary design and proposed intersection improvements. The City will need their
approval of the layout and design of the ultimate buildout of the intersection.
Based on the above ultimate intersection improvements, the following interim
improvements are proposed to be constructed at this time in conjunction with
development of the NE quadrant of TH 25 and CSAH 75.
1. Right Turn Lanes from Westbound CSAH 75 to Northbound TH 25
This interim improvement includes constructing dual right turn lanes along CSAH 75
fronting the proposed development. This improvement would remove the existing on-
street parking adjacent to the Semper development and shift the sidewalk to the north
along CSAH 75. The existing signal pole at the NE corner of the intersection would need
to be relocated out of the proposed turn lane. The pedestrian crosswalks to the NE corner
would be shifted further out from its current location. Utility relocations for storm sewer
and watermain are also proposed.
The right turn lanes would be constructed to the ultimate configuration of the intersection
along the Semper development except for the segment east of the proposed driveway
from CSAH 75 where the turn lane would be extended with the removal of the building
next to the theater. In addition, a segment of curb along the CSAH 75 radius to tie into
TH 25 would be removed with the future improvements and the signal system would
need to be revised for the ultimate buildout of the intersection.
2. Right Turn Lane from Northbound TH 25 to East River Street
This improvement includes constructing a right turn lane along NB TH 25 to provide
direct access to East River Street for the proposed development. The existing sidewalk
would shift to the east along TH 25 to its final location which will leave an approximate
22-foot wide boulevard along TH 25 from the existing curb line to the new sidewalk in
the interim condition. Ultimately, the boulevard width between the future curb and the
sidewalk in this area will vary between 0 and 5 feet. The sidewalk will be constructed
along the edge of the proposed parking lot and building, with half of the sidewalk being
located within a sidewalk easement on the developer’s property. Approximately 210 feet
of curb constructed with this improvement would be removed and shifted further to the
east in the future with the ultimate build-out of the TH 25/CSAH 75 intersection. The
signal pole at the SE corner of TH 25 and River Street would be relocated out of the
proposed turn lane with the current improvements. Utility relocations for storm sewer are
also proposed.
3. East River Street / Cedar Street Intersection
It is proposed to construct a cul-de-sac on East River Street, just east of Cedar Street, to
separate the residential and non-residential traffic, and to reduce potential cut-through
traffic in the area. This was identified to be completed by the City Council as part of
reactivating the signal at River Street and TH 25. Drainage modifications are proposed to
be completed as well.
City Council Agenda: 6/14/10
3
Access to East Bridge Park can either be provided from the proposed cul-de-sac on River
Street, or from Cedar Street, depending on the Council’s decision. The Parks
Commission recently discussed this access and recommended that the access location for
East Bridge Park be provided at the existing curb cut on the north side of East River
Street, west of the current access. This is meant to prevent park patrons and Parks
Department maintenance vehicles from using the residential section of East River Street
to access the park, thereby minimizing traffic along this residential street.
The Parks Commission also recommended that a 9-foot bituminous pathway be
constructed between the East River Street cul-de-sac and the Park parking lot to provide a
connection for bicyclists following the signed bicycle route along River Street. A figure
depicting the recommendations of the Parks Commission is attached for reference.
The Parks Commission will also work with WSB to incorporate a graded berm,
landscaping, and minimal signage in the green space between the East River Street cul-
de-sac and Cedar Street to prevent vehicles from crossing between them.
4. East River Street Reconstruction - TH 25 to Cedar Street
East River Street is identified to be reconstructed as part of the City’s on-going street
reconstruction program in 2011 per the City’s Capital Improvement Plan. It would be
timely to reconstruct this segment of roadway in conjunction with the proposed
development to avoid impacting the development immediately after it opens. In addition,
Mn/DOT recommended providing two exit lanes from East River Street to TH 25 as
development progresses within the entire block 53. This would include adding a right
turn lane along East River Street to northbound TH 25 and making the westbound
through lane a through-left. The signal pole at the NE corner of the TH 25 and River
Street would be relocated out of the proposed right turn lane.
A sidewalk along the north side of the developer’s site and potentially along a portion of
East River Street to East Bridge Park was evaluated in the feasibility report.
On-street parking along East River Street adjacent to the development may be needed in
order for the developer to meet parking requirements for redevelopment at the old Times
building site, and/or to provide parking for the accessory use building on the north end of
the site.
Utility relocations for storm sewer and fire protection are also proposed. Sewer and
water services would be extended to the development.
The estimated total project cost for the interim improvements related to the NE quadrant
as described above in items 1 through 4 is $623,850. This includes a 10% contingency
and 28% indirect cost. The proposed funding distribution for the improvements is as
follows:
City Council Agenda: 6/14/10
4
Proposed
Improvements
Developer
Funded City Funds Total
1. CSAH 75 Right
Turn Lane $10,300 $219,700 $230,000
2. TH 25 Right Turn
Lane $115,000 $0 $115,000
3. River Street @
Cedar Street $0 $65,000 $65,000
4. River Street
Reconstruction $119,870 $93,980 $213,850
TOTAL $245,170 $378,680 $623,850
1. The right turn lane improvements on CSAH 75 is considered of regional benefit and part
of the overall intersection improvements, in which the developer is providing right of
way. It is proposed to assess them for their driveway access and utility improvements
only.
2. The right turn lane on TH 25 to East River Street is directly needed for the developer’s
access to their site, which includes the entire frontage along River Street from TH 25 to
Cedar Street. Access to the remainder of block 53 would utilize CSAH 75 to gain access
from Cedar Street.
3. The disconnection of River Street at Cedar Street is proposed to be a City cost only, as
this improvement was directed by the City Council in order to reactivate the signal at
River Street and TH 25 and open River Street to the east.
4. The developer contribution to the reconstruction of River Street is proposed to be based
on the City’s standard non-residential assessment rate of $92/front foot, which includes a
sidewalk assessment, plus driveway and utility service construction. The construction of
the right turn lane on East River Street to NB TH 25 is proposed to be developer funded
at 45% of the turn lane cost based on their share of projected traffic volumes. The
remaining costs, not contributed by the developer, are proposed to be funded by the City.
A preliminary assessment roll and assessed property map is attached as supporting data.
A1. Budget Impact: On June 9th, the EDA gave preliminary authorization to utilize excess
funds from TIF District 1-22 for the City’s share of the improvement costs. A 2010
change to TIF statutes allows the EDA to utilize these funds for public improvements tied
to development projects which create jobs. The statute change requires that construction
begin prior to July 1, 2011. The City Council and EDA will both be required to hold
public hearings and ratify the decision related to the use of these funds. These hearings
will occur in late June and July. In addition, the developer/property owners will be
required to enter into a development agreement corresponding to the job creation goals.
Another funding option might exist for the City for the interim improvements. The City
may be able to apply off-system State Aid funds to fund all of or part of our share of the
City Council Agenda: 6/14/10
5
improvements along CSAH 75, TH 25 and for the westbound right turn lane on East
River Street to NB TH 25. More information on this option may be known at the time of
the Council meeting.
For the ultimate build-out of the intersection, Wright County indicated they may have
funding sources for the work along CSAH 75. Funding through Mn/DOT would be
through a cooperative agreement process. A very preliminary estimate of the project and
right of way cost for the full intersection build-out is $2 million, portions of which could
be charged to property owners in each of the four quadrants, Mn/DOT, Wright County,
and a City regional contribution. Based on initial estimates, the amount and value of the
right of way Semper is providing with their plat would satisfy their contribution for the
full build-out intersection improvements.
A2. Staff Workload Impact: The project could start construction this September, pending
Wright County and Mn/DOT approval. Semper plans to start demolition work this
summer with an anticipated Walgreen’s opening in the spring of 2011 given they have all
the required approvals. Various staff from the Building, Community Development,
Engineering, Finance and Public Works Departments will be impacted by the proposed
improvements to varying degrees.
B. ALTERNATIVE ACTIONS:
1. Motion to direct staff to continue preparing Plans and Specifications for the NE
Quadrant Improvements at Trunk Highway 25 and CSAH 75, and to follow the Parks
Commission’s recommendations regarding the access location for East Bridge Park
and a 9-foot pathway connection from the East River Street cul-de-sac to the Park
parking lot.
2. Motion to direct staff to continue preparing Plans and Specifications for the NE
Quadrant Improvements at Trunk Highway 25 and CSAH 75, and to locate the access
to East Bridge Park at ____________________________ and construct a 9-foot
pathway connection from the East River Street cul-de-sac to the Park parking lot.
3. Motion of other.
C. STAFF RECOMMENDATION:
Staff recommends proceeding with the preparation of Plans and Specifications, and to
follow the recommendations of the Parks Commission by providing access to the Park
through the existing curb cut on East River Street, and to construct a 9-foot wide pathway
connection from the East River Street cul-de-sac to the Park parking lot as shown in
Figure 4 of the supporting data.
The existing property owners have a stake in the proposed development and have stepped
forward to provide the necessary funds to keep the project moving forward. At the June
City Council Agenda: 6/14/10
6
28, 2010 Council meeting, staff will ask the Council to approve the final Plans and
Specifications and to authorize the advertising of bids for the project.
The development of the NE quadrant poses a unique opportunity for the City to make
improvements addressing the long-time congestion and mobility issues at the intersection
of TH 25 and CSAH 75. This congestion presents not only a transportation issue, but is a
major factor in the ability to encourage and facilitate active development, redevelopment
and revitalization in the downtown area.
D. SUPPORTING DATA:
Preliminary Assessment Roll and Map
Figure 3 – NE Quadrant Improvements at TH 25 and CSAH 75
Figure 4 – Parks Commission recommendations
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Cedar St
Pine St
River St W
E Broadway St
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City Council Agenda: 6/14/10
1
9. Consideration of adopting Resolution No. 2010-36 accepting proposals and
awarding contract for 2010 Street Lighting Improvements, City Project No. 10C003
(BW/BP)
A. REFERENCE AND BACKGROUND:
On March 22, 2010, Council authorized preparation of a Request for Proposals (RFP’s)
for bidding a 2010 Street Lighting Improvements project on School Boulevard between
Fenning Avenue/CSAH 18 and Edmonson Avenue. This project will enhance the
existing street lighting, which primarily consists of street lights located at intersections
and mid-block pedestrian crossings, and will provide pathway lighting for the pedestrian
pathways along this section of School Boulevard. Upon completion of the project, the
lighting levels along this section of School Boulevard and the adjacent pathway segments
will be comparable with the lighting levels found on School Boulevard between
Edmonson Avenue and Redford Lane. A layout showing the locations of the proposed
light assemblies is attached.
The lighting layout reflects our standard pole spacing of 300 to 350-feet, located on
alternating sides of the roadway, whenever possible. And as was previously discussed,
we were not able to alternate the poles on this project as regularly as we normally would
since Great River Energy (GRE) has overhead transmission lines that run the extent of
the project, alternating between the south and north sides of School Boulevard. GRE
requires that specified clearances be maintained between their overhead power lines and
any permanently mounted infrastructure under or near their lines. City staff therefore met
with GRE representatives on site to determine the allowable pole locations, and staff will
again need to meet with GRE representatives on site when marking the final pole
placements to get their approval before construction begins.
On our recent street lighting improvement projects, staff prepared and submitted RFP’s
directly to Xcel Energy and Wright Hennepin Electric since they were the only two
companies that had the capability to design and build the system, and then provide us
with a maintenance contract for maintaining it. However, Council directed staff to bid
the 2010 Street Lighting Improvements project using Light Emitting Diode (LED) light
fixtures, which are different than the lighting fixtures used on previous projects which
were High-Pressure Sodium (HPS) fixtures. Council made this decision based on the
anticipated life-cycle cost savings due to reduced energy consumption and longer light
fixture life expectancies. Upon conferring with these two companies, staff learned that
only Wright Hennepin Electric was willing to provide a maintenance contract for LED
lighting and that Xcel Energy did not want to bid on the project. As a result, an RFP was
prepared and submitted directly to Wright Hennepin Electric as the lone bidder.
Staff met with various LED light fixture manufacturers and suppliers, representing such
companies as HADCO, Holophane, LUMEC, and Sternberg while preparing the RFP. In
doing so, staff learned there are numerous design approaches regarding the placement of
LED elements within the fixture, and that the placement of the LED elements can greatly
affect the light distribution pattern and the level of glare. The LED elements in some
City Council Agenda: 6/14/10
2
fixtures are located in the top of the light fixture which casts the light primarily
downward. However, other fixtures utilize LED elements that are placed vertically
which tend to cast the light more outward than downward.
In order to properly evaluate the LED lights, staff requested that several lights be
installed around the City. Four LED pathway lights were therefore installed in front of
City Hall over the last few months. Based on the feedback staff received from numerous
people, including Council members, the Sternberg LED light fixture, which utilizes top
mounted LED elements, had the most uniform lighting with the lowest level of glare.
The cut sheets for the Sternberg fixture installed in front of City Hall are attached as
supporting data.
Staff also evaluated an LED lighting fixture made by HADCO called the Evolaire that is
currently installed in Shoreview. This fixture is intended for use as a street light and
resembles a low-profile cobra-head or shoebox fixture. The Evolaire also utilizes top
mounted LED elements that direct light primarily downward, thereby reducing glare. An
intriguing aspect of this fixture is that it has two adjustable “wings”, one on either side of
the central fixed panel, and these wings can be adjusted to cast light in different planes.
This allows the light to be directed toward or away from areas as needed. For example, if
a homeowner complains that the light is shining in their window, the wings can be
adjusted to cast the light in a more downward direction on that side of the fixture.
Conversely, if a marked pedestrian crossing were to be added in the vicinity of one of
these lights, the wings could again be adjusted to cast more light towards the pedestrian
crossing. The cut sheets for this fixture are also attached as supporting data.
Staff also looked at the aesthetics of the various LED light fixtures. The existing light
fixtures on School Boulevard west of Edmonson Avenue, and on Cedar Street south of
Chelsea Road, are the more ornate tear-drop design. However, most of our other street
lights around the City are the more utilitarian cobra-head or shoebox design. Since staff
had already chosen the Sternberg acorn fixture for the pedestrian pathway lights, we
wanted to make sure that whichever fixture was chosen for the street lights would not
look out of place when placed on the same pole.
Staff therefore included two different lighting system designs within the RFP, which is
attached as supporting data. The first system, System A, utilizes the utilitarian HADCO
Evolaire fixture for the street light, coupled with a Sternberg acorn pathway light fixture.
The second system, System B, utilizes a more ornate Sternberg tear-drop fixture for the
street light, which is coupled with a Sternberg tear-drop pathway light fixture when
placed on the same pole. The Sternberg acorn light fixture is used on all stand-alone
pathway light assemblies, for both systems. Two figures are attached as supporting data
that provide a reasonable representation of what the two systems look like. The only
difference is that the mast arms are longer than those shown in the detail, and the arms
are curved upwards.
Pictures of other light assemblies installed throughout the City are also attached as
supporting data for reference.
City Council Agenda: 6/14/10
3
Wright Hennepin Electric’s RFP response was received on Wednesday, June 9th. Their
bid prices for the two systems are as follows:
System A construction costs = $355,238.00
System A maintenance costs = $372/month
System B construction costs = $364,279.00
System B maintenance costs = $372/month
Council will note that these costs are slightly higher than the estimated cost presented to
them in March, which was $310,000. This is due to the fact that the proposed designs
included in the RFP utilized Sternberg fixtures, which are slightly more expensive that
the fixtures used to estimate the project costs back in March. However, due to the
feedback received from everyone when evaluating the various LED fixtures installed in
front of City Hall, staff felt the benefit of the more uniform light distribution and reduced
glare justified the increase in cost.
A1. Budget Impact: The 2010 City Budget includes $561,354 in the Street Light
Improvement Fund, which was generated through the City’s electric franchise and
is specifically designated for such street lighting improvements. Staff proposes to
pay for the proposed improvements from this fund.
Assessments are not being proposed for any portion of this project. This is
because the majority of property along School Boulevard is backyard residential
property which does not benefit directly from the improvements. The only
assessable properties along the project would be those of the Monticello School
District between Fallon Avenue and Fenning Avenue/CSAH 18 north of School
Boulevard, and the City’s park properties. Staff contacted the School District to
discuss this project, and while they are in favor of the proposed improvements
they are opposed to being assessed for this project in any amount since they did
not budget for the improvements.
A2. Staff Workload Impact: Several staff from the Engineering and Public Works
Departments will spend a small amount of time managing and inspecting this
project.
B. ALTERNATIVE ACTIONS:
1. Motion to adopt Resolution No. 2010-36 accepting bids and awarding the contract for
the 2010 Street Lighting Improvements, City Project No. 10C003, to Wright-
Hennepin Electric for “System A” in the amount of $355,238.00, including monthly
maintenance costs in the amount $372.00.
City Council Agenda: 6/14/10
4
2. Motion to adopt Resolution No. 2010-36 accepting bids and awarding the contract for
the 2010 Street Lighting Improvements, City Project No. 10C003, to Wright-
Hennepin Electric for “System B” in the amount of $364,279.00, including monthly
maintenance costs in the amount $372.00.
3. Motion to deny adoption of Resolution No. 2010-36 at this time.
C. STAFF RECOMMENDATION:
Staff performed many evaluations of fixtures during the development of the RFP for this
project. The Sternberg tear-drop street light fixture was installed on Chelsea Road near
the water reservoir for a period of several days, and it was observed that this fixture
provided a uniform light distribution over a relatively large area. Staff also observed the
HADCO Evolaire fixture in operation, although the fixture observed was smaller than the
model that would be installed on School Boulevard. Based on the field review of this
fixture it also appeared to have a relatively uniform light distribution, and the glare levels
were reasonably consistent with those of the Sternberg tear-drop street fixture.
Since the cost difference between the two systems is negligible ($9,041), it is City staff’s
recommendation to approve Alternative Action No. 2 in order to provide a relatively
consistent lighting system design along the entirety of School Boulevard.
D. SUPPORTING DATA:
Resolution No. 2010-36
Request for Proposal (4 pgs)
2010 Street Lighting Improvements plan sheet
RFP Response from Wright-Hennepin Electric (5 pgs)
HADCO Evolaire street light fixture cut sheets (System A - 2 pgs)
Sternberg 1914 tear-drop street/pathway light fixture cut sheets (System B - 6 pgs)
Sternberg A850SR acorn pathway light fixture cut sheets (System A & B - 6 pgs)
Light fixture mast arm cut sheet
Service Cabinet detail sheet
Figures representing Systems A and B (2 pgs)
Photos of existing street light assemblies (14 photos – 7 pgs)
OrderingGuide
Example:WL100XHTA0035MDN
ProductCode WL100XEvolaireLED
Mounting HTHorizontaltenon
R44"-5"O.D.RoundPole*1
R55"-6"O.D.RoundPole*1
S44"-6"SquarePole*1
WWallMount*2,3
Finish ABlack
HBronze
IGray
PanelAngle
(distribution)
000Deg(Type2)
044.5Deg(Type2)
099Deg(Type2)
1313.5Deg(Type2)
1818Deg(Type3)
2222.5Deg(Type3)
Color
Temperature
353500KCCT
434300KCCT
505000KCCT
Options MDMidnightdimming*4
MSMotionSensing
NNone
PhotoControl NNone
RTwist-lockReceptacle
*1Polemustbemachinedforluminaire
*2Can'tuseaPhotoReceptacle(R)withWallMountoption.
*3IfMidnightDimmingoptionchosen,thenyouneedaremotephotocell.
*4Mustorderaphotoreceptacle(R)orhavearemotephotocell.
Specifications
APPLICATIONS:
TheEvolaire™istheperfectLEDsolutionforsiteandroadwaylightingapplicationsanditistheidealluminaireforbothnewandretrofitinstallations.TheEvolaire™featuresthe
uniquepatentpendingLightspreadTechnology™designconsistingofIP66ratedLEDpanelassemblieswhicharefieldadjustableto6differentanglesofferingmultiple
distributionpatterns.Inretrofitsituations,theLightspreadTechnology™allowstheEvolaire™tomeetlightlevelsanduniformityofexistingluminairesregardlessofexistingpole
heightsandspacingintervals.
CONSTRUCTION:
ContainingnoMercuryorotherhazardouschemicals,theEvolaire™isRoHScompliantandfullyrecyclable.TheEvolaire™isconstructedofcastandextrudedaluminum
componentswithhigh-impactacryliclensessealedtoprovideanIP66ingressprotectionrating.Castaluminumcomponentsareconstructedfromarotary-degassed,proprietary
alloywithanextremelylowcoppercontentprovidingsuperiorcorrosionresistanceandstrength.TheEvolaire™mountstoroundandsquarepolesorarmbracketswithhorizontal
tenonstypicallyusedforcobraheadstyleluminairesandisalsoavailableasawall-mountinthesmallandmediumsizes.Thehorizontaltenonmountaccepts1.25"O.D.to
2.375"O.D.tenon.Accesstothedriver,wiringcompartment,andLEDpanelarraysdoesnotrequiretheuseofanytools.TheEvolaire™islistedperUL1598safetystandards
andisvibrationtestedperANSIC136.31forbridgemountingapplications.Operatingtemperaturerangeis-60°Cto+45°C.
LEDSPECIFICATIONS:
Consumingonly100wattsofenergy,theWL100Xdeliversover6600lumenswithalifespanof70,000hoursat95%lumenmaintenance(L95).14405mmlow-power,
lighting-gradeLEDs(>80CRI)fromNichiaarearrangedinaseries/parallelmatrixwhichprovidesoptimalreliabilityandheatdissipation.Theinner-moldanddie-bondcomponents
withintheseLEDsaremadefromaproprietary,siliconehybridresindesignedspecificallytoresistdiscolorationandtheyhavebeentestedbeyondtherequirementssetforthby
theIESNA’sLM-80standard.EachLEDisindividuallyaimedtoprovideglare-freeilluminationwithouttheneedforsecondaryopticswhichcanreduceefficiency.Color
temperaturesavailableare3500K,4300K,and5000KCCT.
ELECTRONICDRIVER:
ThelongevityandpreservedlumenleveloftheEvolaire™isaccomplishedthroughthepatentedOptiAC™technologydesignedintotheelectronicdriveroftheluminaire.The
OptiAC™technologyprovidesaconversionefficiencyofover96%withapowerfactorof0.98andverylowtotalharmonicdistortion(THD)oflessthan10%.Theelectronicdriver
automaticallysensesvoltagesbetween85and300VACandfrequenciesbetween50and60Hz.Theuniqueagecompensatingalgorithmensuresthatphotometricoutputis
uniformoverthelonglifeoftheluminairewhichmeanstherewillbeveryminimallumendepreciation.
FINISH:
Thermosetpolyesterpowdercoatiselectrostaticallyappliedafterafive-stageconversioncleaningprocessandbondedbyheatfusionthermosetting.Laboratorytestedfor
superiorweatherabilityandfaderesistanceinaccordancewithASTMB-117-64andANSI/ASTMG53-77specifications.
EvolaireLED(WL100X)SpecificationSheet
ProjectName:Location:MFG:PhilipsHadco
FixtureType:CatalogNo.:Qty:
ISO9001:2000Registered Page 1of2
Note:Hadcoreservestherighttomodifytheabovedetailstoreflectchangesinthecostofmaterialsand/orproductionand/ordesignwithoutpriornotice.
100CraftwayLittlestown,PA17340tel(717)359-7131fax(717)359-9289www.hadco.comCopyright2008Philips
OPTIONS:
OptionsfortheEvolaire™includemidnightdimming,motionsensingcompatibilityandNEMAtwist-lockreceptacleforstandardphotocells.Themidnightdimmingcontrolfeatureis
aprogramdesignedwithinthecircuitoftheelectronicdriverandgraduallyreducesthelumenlevelandenergyrequiredto50%forapproximatelysixhourseachnightbefore
returningtofullbrightness.TheEvolaire’smicroprocessoralsoautomaticallyadjuststothelocaltimeschedulesandthedifferenceindaylightbetweensummerandwinter
months.Themotionsensingoptionprovidesasensiblewaytopreserveenergyinlowtrafficareaswhilestillofferingsecurityandvisibility.Atstartup,theluminaireispoweredto
only50%lightintensitybutinstantlyrampsuptofullbrightnesswhenthemotionsensorisactivated.After10minutesofinactivity,theluminairegraduallyreturnsto50%light
intensity,andmaximumenergysavingsmode.
IPRATING:
IP66:Dust-tightandsealedagainstdirectjetsofwater.NoIngressofDust.Willwithstand26.4Gallonsofwaterperminute.Waterprojectedinpowerfuljetsshallnotenterthe
enclosureinharmfulquantities.
WARRANTY:
5yearextendedwarranty
CERTIFICATIONS:
ManufacturedtoISO9001:2000Standards.CE,RoHS,EN/IECVibrationtestedtoANSIC136.31forBridgeApplications.CSAListedtoU.S.SafetyStandardsUL1598and
CSAC22.2No.250.0-08forwetlocations.
Width:
15.75"
Height:
7.0"
Length:
26.60"
EPA:
1.25sq.ft.
Max.Weight:
18.5lbs
IESNAClassifications:
0%uplightat0degpanelangle;otherangles=.2%
EvolaireLED(WL100X)SpecificationSheet
ProjectName:Location:MFG:PhilipsHadco
FixtureType:CatalogNo.:Qty:
ISO9001:2000Registered Page 2of2
Note:Hadcoreservestherighttomodifytheabovedetailstoreflectchangesinthecostofmaterialsand/orproductionand/ordesignwithoutpriornotice.
100CraftwayLittlestown,PA17340tel(717)359-7131fax(717)359-9289www.hadco.comCopyright2008Philips
CITY OF MONTICELLO
WRIGHT COUNTY MINNESOTA
RESOLUTION NO. 2010-36
ACCEPTING PROPOSALS AND AWARDING CONTRACT
2010 STREET LIGHTING IMPROVEMENTS
CITY PROJECT NO. 10C003
WHEREAS, pursuant to a Request for Proposals for the 2010 Street Lighting Improvements
project, bids for designing, constructing and maintaining said improvements were received and
the following bid was found to comply with the Request for Proposals:
CONTRACTOR SYSTEM A BID SYSTEM B BID
Design and
Construction
Maintenance Design and
Construction
Maintenance
Wright-Hennepin Electric $355,238 $372/month $364,279 $372/month
WHEREAS, the bid of Wright-Hennepin Electric of Rockford, MN in the amount of $364,279
for the design and construction of said improvements for System B, in accordance with the
Request for Proposal, shall be and hereby is accepted; and
WHEREAS, the bid of Wright-Hennepin Electric of Rockford, MN in the amount of $372 per
month for the maintenance of said improvements for System B, in accordance with the Request
for Proposal, shall be and hereby is accepted;
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MONTICELLO:
1. The Mayor and City Administrator are hereby authorized and directed to enter into a
contract with said bidder for the design, construction and maintenance of said
improvements, for and on behalf of the City of Monticello.
ADOPTED BY the Monticello City Council this 14th day of June, 2010.
CITY OF MONTICELLO
____________________________________
Clint Herbst, Mayor
ATTEST:
_______________________________
Jeff O’Neill, City Administrator
CITY OF MONTICELLO
WRIGHT COUNTY MINNESOTA
RESOLUTION NO. 2010-36
ACCEPTING PROPOSALS AND AWARDING CONTRACT
2010 STREET LIGHTING IMPROVEMENTS
CITY PROJECT NO. 10C003
WHEREAS, pursuant to a Request for Proposals for the 2010 Street Lighting Improvements
project, bids for designing, constructing and maintaining said improvements were received and
the following bid was found to comply with the Request for Proposals:
CONTRACTOR SYSTEM A BID SYSTEM B BID
Design and
Construction
Maintenance Design and
Construction
Maintenance
Wright-Hennepin Electric $355,238 $372/month $364,279 $372/month
WHEREAS, the bid of Wright-Hennepin Electric of Rockford, MN in the amount of $364,279
for the design and construction of said improvements for System B, in accordance with the
Request for Proposal, shall be and hereby is accepted; and
WHEREAS, the bid of Wright-Hennepin Electric of Rockford, MN in the amount of $372 per
month for the maintenance of said improvements for System B, in accordance with the Request
for Proposal, shall be and hereby is accepted;
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MONTICELLO:
1. The Mayor and City Administrator are hereby authorized and directed to enter into a
contract with said bidder for the design, construction and maintenance of said
improvements, for and on behalf of the City of Monticello.
ADOPTED BY the Monticello City Council this 14th day of June, 2010.
CITY OF MONTICELLO
____________________________________
Clint Herbst, Mayor
ATTEST:
_______________________________
Jeff O’Neill, City Administrator
City Council Agenda: 6/14/10
1
10. Consideration of accepting the 2009 Audit Report (TK, JO)
A. REFERENCE AND BACKGROUND:
In keeping with operation of transparent organizations trusted with properly managing
public dollars, all cities are required to have a private third party conduct an annual audit
of its financial statements. The audit firm of Malloy, Montague, Karnowski, Radosevich
& Co., P.A. (MMKR) conducted the City’s audit. This is the third year the firm has done
so. The City’s Senior Accountant, Karri Thorsten, coordinated the audit with Finance
staff to provide MMKR with the various worksheets and accounting ledgers to complete
the audit in an efficient and timely manner. In addition, for the first time the Finance
staff prepared the Comprehensive Annual Financial Report (CAFR), instead of having
the audit firm prepare the document.
The audit findings for 2009 showed continued improvement over the results in 2008 or
2007 and reflect the ongoing positive maturation of our financial systems under the
current Financial Department and City Administration. The audit process was smoother
than last year with fewer problems. Please note that that staff is pleased to report that all
findings from previous years have been corrected.
City staff prepared the CAFR in a format to receive the Government Finance Officers
Association’s (GFOA) Certificate of Achievement for Excellence in Financial Reporting.
By having the report in this format, the City’s report can be easily compared to other
city’s financial reports from around the country and should help the City achieve an even
better bond rating. An area that I think will be of value is the Statistical Section, which
begins on page 61, and provides 10 year (when available) financial and other data of the
City.
Jim Eichten, Principal of MMKR, will present a summary of their findings and
summarize the highlights of the City’s 2009 CAFR.
A1. Budget Impact: The City budgeted $36,100 for the audit based third year costs
on the City’s three year contact with MMKR. The budget did not include costs
for the required signal audit on the FEMA Grant.
A2. Staff Workload Impact: To complete the audit the Finance staff has worked
many hours providing information and constructing various worksheets, audit
schedules and preparing the 2009 CAFR for MMKR. This is the culmination of
MMKR and staff’s work.
B. ALTERNATIVE ACTIONS:
1. Motion to accept the 2009 Audit Report.
2. Motion to deny the acceptance of the 2009 Audit Report.
City Council Agenda: 6/14/10
2
C. STAFF RECOMMENDATION:
The City staff recommends Alternative #1. The City Administrator and Finance Director
would like to also commend the work of the Finance Department staff in this
accomplishment. Also, the scope of an audit goes beyond the Finance Department and
includes scrutiny of operations affecting all City Departments. For instance, bidding
procedures, contract administration, employee reimbursements and other processes are
also reviewed by the Auditors. Although a well run and conscientious Finance
Department is key to having a clean audit, all departments also should be recognized for
adherence to rules intended to protect and preserve trust in the operation of its local
government.
D. SUPPORTING DATA:
Management Report
Special Purpose Audit Report
Preliminary 2009 Comprehensive Annual Financial Report
(Final copies will be available after the meeting)
City Council Agenda: 06/14/10
1
11. Consideration of amending the solid waste contract and approval to establish use of
recycling carts with Veolia (BP)
A. REFERENCE AND BACKGROUND:
This amendment is intended to consolidate and transfer Monticello„s administration of
accounts and services for solid waste & recycling, to Veolia ES Solid Waste, Inc.,
including management and maintenance of receptacle carts. Veolia will also purchase and
distribute to all eligible residents a “No Sort” 65 gallon recycle cart that will replace the
old recycle tub system. All of these modifications are at no additional charge to the City,
with no impact on the monthly cart charge to residents, or change to the fee schedule. It
is also possible that a cost reduction for other related expenses may be recognized.
In the past, management of the solid waste/recycling has become extremely complex
involving administration personnel of Public Works, City Hall and Veolia. Cart and
recycling container purchasing, delivery, maintenance, storage and disposal of carts have
been performed by Public Works Maintenance staff. It has been difficult for each of
those entities who handle administration to understand how the others do their
processing, inventory, repairs and billing, to arrive at their respective figures.
Staff has been researching ways of streamlining and eliminating redundancy in order to
lower cost and reduce unnecessary workloads. Staff time was analyzed for involvement
in particular solid waste/recycling activities. The table below outlines the staff time
hours currently being spent on solid waste/recycling:
DEPARTMENT HOURS/WEEK # OF WEEKS HOURS/YEAR
UTILITY BILLING 7 36 252
UTILITY BILLING
(during quarterly billing
cycles)
12 16 192
PUBLIC WORKS
ADMIN 3 52 156
PUBLIC WORKS
MAINTENANCE 8 52 416
TOTAL HOURS PER YEAR 1,016
The staff time listed above is a conservative average. It should be noted that the Public
Works Maintenance staff hours include delivery, maintenance, storage and disposal of
carts and recycling containers. With the proposed amendment, minimal staff time for
utility billing will still be required.
During meetings with Veolia, staffing efficiencies were discussed in order to consider
ways to reorganize the current system. We have determined conjointly that Veolia, with
its expertise, can entirely manage the administration, collection, disposal and
City Council Agenda: 06/14/10
2
maintenance of our solid waste and recycling needs, thus minimizing City staff
involvement. Questions, comments, orders and calls from residents will be all directed to
Veolia, and preparation of reports for billing information and consumer input will be
forwarded monthly to the City Finance Department for processing bills. Comments will
be reviewed by the Public Works Director for his report with attention being given when
action is necessary or requested.
Recycling Carts
Recycle carts are permanently labeled with directions on how and what to recycle on a
contrasting red/green/blue/yellow/or black lid, on a rolling container that is usually a
similar color to a regular garbage cart. No longer is it necessary to separate recyclables;
that all takes place at the Recycling Transfer Station. Carts allow for faster pickup with
less labor and back issues involving bending and lifting for both residents and Veolia
drivers, not to mention the need for only one container vs. three. Carts are also covered
which eliminates recyclables blowing around, filling with rain/snow, or allowing
scavengers to pick through open containers. Carts allow for a cleaner, safer, efficient and
sanitary way of processing recyclables. Carts themselves can also be recycled when worn
out.
Veolia will supply a $200,000 inventory of recycle carts and deliver to the residential
locations where regular cart service is already in place. The City currently budgets a line
item annually for replacement of carts, recycle tubs and maintenance supplies. Over the
last five years that budgeted amount has been approximately $11,000 per year. This
amount will be transferred to the operational expense line to balance costs which will
negate any additional charges or fee schedule changes to our residents. The five year term
of the contract amendment allows Veolia to absorb the cart expense over the depreciation
life expectancy of the new recycle carts and future cart purchases to replace worn out
garbage or recycle carts.
Statistics from Veolia show a 30% increase in recycling using “No Sort” recycling carts;
this in turn lowers the amount of solid waste we send to the landfill, thus lowering
landfill charges.
Score Funds
Funds reimbursed by the County for community recycling are called “score funds”. They
are based on volume of recycled materials. With a projected 30% increase in recycling, a
relative increase in score funds the City receives could be recognized.
Contract Amendment
On April 28, 2008, the City Council approved a three-year contract renewal from Veolia
ES Solid Waste, Inc. for garbage pickup/hauling and recycling services with increases of
1.25% the first year, 1% the second year and 1% the third year with the agreement to take
effect June 1, 2008. The three-year recycling contract was in effect from June 1, 2008.
City Council Agenda: 06/14/10
3
Both original contracts included a clause for two one-year extensions continuing the
contracts through May 31, 2013.
Through negotiations Veolia will waive the 1% increase that was due to be in effect June
1, 2010 through May 31, 2011. This will also be the first year of the amended contract
with a term of 5 years - extending the contract thru May 31, 2015 with the first 1%
annual increase beginning June 1, 2011. This amendment will include a clause for two
one-year extensions based upon mutual agreement of a CPI increase.
A1. Budget Impact: As outlined in the background information above, the 2010
increase will be waived with no fee schedule increase. This represents no budget
increase with the amendment in the contract and allows for a very modest
increase in the remaining contract period.
A2. Staff Workload Impact: Staff workload will be reduced significantly related to
solid waste/recycling administration, maintenance and management of carts will
be eliminated. These impacts will allow staff to catch up on other demands.
B. ALTERNATIVE ACTIONS:
1. Motion to approve the amendment to the solid waste contract and approval to
establish use of recycling carts with Veolia ES Solid Waste, Inc. effective July 1,
2010.
2. Motion to deny the amendment to the contract.
C. STAFF RECOMMENDATION:
City staff recommends the City Council approve the amendment to the contract with
Veolia ES Solid Waste, Inc. as outlined in Alternative #1. This alternative offers the City
a zero increase to the next year‟s contract with very modest increases for the remaining
contract term. Furthermore, this allows staff the time to meet other demands while
introducing an effective way to recycle and save funds. In light of the economy over the
last couple of years, it represents a very attractive offer to the City and demonstrates
Veolia‟s interest in staying with the City, offering to keep our costs low as we work
through the next few lean years. City staff believes that our current refuse and recycling
contractor Veolia is doing an excellent job for the City and they have kept things running
smoothly. An aggressive information campaign providing notification of recycling cart
service and how to use it will be accomplished via newsletter and the City web site.
D. SUPPORTING DATA:
Copy of April 28, 2008 contract for garbage pickup/hauling and recycling
services with Veolia
Example of recycling label for lid of cart
Copy of Proposed Contract Addendum
CUST:
Cascade En
PIN:
5500-0551 Veola.MN
SIZES:
9.50 x 14.50
COLORS/INKS:
4 Color Process.Blue PMS 279.Green PMS 361,Red PMS 485,White,Hardcoat
MATERIALS/CONST:
7.5 Mil.Clear Zvnicast
DRAWING REVISION RECORD OR NOTES:SPECIAL REQUIREMENTS:
Dieline--....
I
Blue PMS 281 1 I I--{!!.
:::o
II'!
0\
50%process black
#)
••100%Green PMS361
10%Green PMS 361
.
Aluminum cans,foil &pie tins
Laras,papel y recipientes de aluminiO
Red PMS 485 Text oc::::::I,II DLEASE:
NO~e~~~~a
process cyan halftones
•·.•.A··
..•
Junk mail Plasticbottles &containers
Correspondenciapublldtarla Botellas y ewases de plast1co6&NO GARBAGEBASURA•NO ;,;g~~:~
•NO ~r::,:~ordishes
•NO ~c;;;~~~~edecomlda
•NO ~~~~Cd~~~%bags 100%process cyan
•NO ~e!~~~a~~~~r;;~trfz FOR MORE INFORMATION VISr
PARA MAs INFORMACI6N VISITA
www.veoliaes.com
G)VeOlIA
ENVIRONMENTA
SERVICES
•NO ~;;a~~~~~Sq~~~D~~~~~~~h:ntes
•NO ~,~~~:na~~d~;:'og~a~~mirrors
•NO ~~~~;;j~~deJardll
LUlH ~
IISSOO-{)S4><<::::::::::-t .____.W _..___-=-'/--NotchedCorner
14.50"Wide
'J'OjOJ-r •
Attn:jan.bognoski@cascadeng.com
Customer POI:Jan Bognoski
RomoJob#:294678 Date:_1!.!2=./.!!O.!!8/!...!O!.!9!-_
CSR:Debbie Goff GPS:Vince Buss
PROPOSED ADDENDUM
GARBAGE/REFUSE /RECYCLING PICKUP AND HAULING SERVICES
This addendum per Article 11 General will act as a modification to the agreement between the
City of Monticello and Veolia ES Solid Waste, Inc. dated April 28, 2008.
11. a. Administration and management of the City of Monticello’s solid waste/recycling pickup
hauling and disposal services shall be the sole responsibility of Veolia ES Solid Waste, Inc.
Monthly reporting of all solid waste/recycling totals and requests by residents shall be sent to
the City Finance Department and Monticello Public Works Administration. Veolia ES Solid
Waste shall facilitate all solid waste; collection/disposal/recycling/administration/cart supply
and maintenance operations for the City of Monticello at an equivalent or lower than current
expense.
11. b. Extension of current contract thru May 31, 2015 with a clause for two (2) one -year
extensions based upon mutual agreement of a CPI increase.
11. c. Waive the 1% increase agreement for June 1, 2010 through May 31, 2011 and operate
at the June 1, 2009 rate until June 1, 2011 when a 1% annual increase for the remaining term of
the contract shall begin.
11. d. Veolia ES Solid Waste will purchase and supply an inventory of recycle carts and deliver
to the residential location where regular cart service is already in place.
CITY OF MONTICELLO VEOLIA ES SOLID WASTE INC
BY:____________________________________ BY:____________________________________
ITS:____________________________________ ITS:____________________________________
DATE:__________________________________ DATE:__________________________________
SUPPORTING
DATA
F:\CITY CLERK\AGENDAS\2010 COUNCIL AGENDAS\06-14-10\11 SUPPORTING DATA - VEOLIA CONTRACT AMENDEMENT - RECYCLING
CONTRACT - 061410.DOCX Page 1 of 8
AGREEMENT
FOR CURB-SIDE RECYCLING SERVICES
FOR THE CITY OF MONTICELLO
THIS AGREEMENT is made on this 28th day of April , 2008, between the CITY OF
MONTICELLO, hereinafter referred to as CITY, whose address is 505 Walnut Street, Suite #1,
Monticello, Minnesota 55362-9245, and VEOLIA ES SOLID WASTE MIDWEST LLC.,
hereinafter referred to as VEOLIA, whose address is 2355 12th Street SE, St. Cloud, Minnesota
56304.
CITY and VEOLIA agree:
I. GENERAL
1. This agreement shall be governed by and interpreted in accordance with the laws of
the state of Minnesota.
2. This agreement shall be binding upon the successors and assigns of each of the
parties, but neither party will assign this agreement without the prior written
consent of the other party.
3. All notices shall be in writing and transmitted by certified mail to the respective
addresses as noted above.
4. This agreement, including appendices, is the entire agreement between the parties.
This agreement may be modified only by written agreements signed by both
parties. Wherever used, the terms "VEOLIA" and "CITY" shall include the
respective officers, agents, directors, elected or appointed officials, and employees.
5. If any term, provision, covenant, or condition of this agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions shall remain in full force and effect and shall in no way be affected,
impaired, or invalidated.
6. It is understood that the relationship of VEOLIA to CITY is that of independent
contractor.
II. SCOPE OF SERVICES
VEOLIA ES SOLID WASTE, INC. SHALL:
1. Provide curb-side pickup and marketing of seven recyclable materials consisting of
a) newspaper; b) aluminum and bi-metal beverage and tin food cans; c) glass
containers; d) plastic containers with a neck; e) corrugated cardboard; f) glossy
page magazines; g) discard mail; and h) vehicle batteries.
SUPPORTING
DATA
F:\CITY CLERK\AGENDAS\2010 COUNCIL AGENDAS\06-14-10\11 SUPPORTING DATA - VEOLIA CONTRACT AMENDEMENT - RECYCLING
CONTRACT - 061410.DOCX Page 2 of 8
Recycling shall be collected every other week on Monday (north of I-94 and west
from the center of Minnesota Street), Wednesday (apartments and south of I-94 and
east of Oakwood Drive - i.e., Edmonson Ave), and Thursday (north of I-94 and east
from the Center of Minnesota Street to Gillard Avenue; south of I-94 and west of
Oakwood Drive; this includes Kjellberg’s East and West. The hours of pickup
shall be no earlier than 7 a.m. and no later than 5 p.m.
If the Monday, Wednesday, or Thursday pickups occur during the week of a
holiday, all pickups on or after the holiday will move to the next day for that week
only (e.g., if New Year’s Day falls on a Monday, the Monday recycling pickup will
be on Tuesday). Additional pickup days shall be mutually agreed upon by Veolia
and the City prior to starting pickup.
2. Contract services shall include, but not be limited to, the provision for all wages,
benefits, salaries, fuel, consumables, materials, and supplies.
3. The contractor shall provide a sufficient number of qualified personnel, vehicles,
and storage facilities as necessary to accomplish curb-side recycling and marketing
in an acceptable manner. The City will provide residents with one large plastic
recycling container per individual pickup, three or more 90-gallon roll-around
containers for apartment buildings above a 4-plex but less than a 24-unit, and six or
more roll-around 90-gallon containers for apartment buildings over 24 units.
Should any of the containers be damaged when in the use of the contractor and not
considered normal wear and tear, the contractor shall be liable for the repair and/or
replacement of such recycling containers.
4. In addition to providing information regarding the number of recycling pickups, the
contractor shall provide accurate and verifiable records of tons of individual
materials picked up along with marketing reports on a monthly basis to be
submitted with request for payment. If a market for a particular material is
unavailable and a market develops for an alternate material, the City shall have the
option of switching materials. The contractor shall also provide accurate set out
counts for the single family through triplexes with bins. This count shall not be
estimated.
5. All of the contractor's equipment, including vehicles, shall be clearly marked with
the contractor's name and phone number. The contractor shall maintain the
cleanliness and appearance of his equipment to "the standards of City equipment
and the City's contract refuse hauler."
6. The contractor shall provide certificates of insurance for worker's compensation,
general liability, and auto in the following amounts:
F:\CITY CLERK\AGENDAS\2010 COUNCIL AGENDAS\06-14-10\11 SUPPORTING DATA - VEOLIA CONTRACT AMENDEMENT - RECYCLING
CONTRACT - 061410.DOCX Page 3 of 8
General Liability - Aggregate $1,500,000
- Personal Injury $1,500,000
- Each Occurrence $1,500,000
Auto Liability - $1,500,000
Work Comp - $ 500,000
The contractor shall hold the City harmless for responsibility for any recycled
materials once they come into the possession of the contractor.
7. The contract shall provide for a monthly rate per unit for new individual pickups
and a separate monthly rate for new multiple units above a 4-plex. The contract
shall provide payment for all households within the city of Monticello whether they
are recycling or not. The prices effective June 1, 2008 shall be $1.97/month/unit
for individual residential pickups, $1.35/month/unit for multiple pickups
(apartments). These rates shall remain in effect through May 31, 2009. All Rates
will increase by 1% effective June 1, 2009. Rates will increase by 1% again on
June 1, 2010. Those rates will be in effect through the end of the contract on May
31, 2011. The pickup of recyclable materials at five (5) city buildings every two
weeks shall be incidental and included in the base bid. The contractor shall keep
all monies from the sale of recyclable materials picked up at curb-side.
8. Appendix A is a detailed set of specifications regarding the preparation and
condition of the recycled materials to be picked up at curb-side. Materials not
properly prepared or not listed will not be picked up. In such cases, the contractor
shall leave a note or sticker for the property owner giving the reason for rejection.
The contractor if requested by the City shall pick up co-mingled products as
outlined in Appendix B at no additional cost.
9. The contractor shall pick up office paper twice per month at one city building as
part of the base contract.
10. The contractor, at the starting date of the contract, shall furnish and at all times
maintain a satisfactory and sufficient bond or irrevocable letter of credit from a
bank approved by the City in the amount of not less than one-half of the annual
contract based upon 3,890 residential units and 631 apartments ($102,159.12 ÷ 2 =
$51,079.56) as required by law with a corporate surety satisfactory to the owner.
The form of bond is that required by statute. Personal sureties will not be
approved. The bonding company or bank shall notify the City 90 days prior to the
expiration date of the security. If notice is not given, the security shall be
automatically extended for an additional year at no cost by the bonding company or
bank.
11. Monthly reports shall be provided with the invoice, including material, weights and
disposition of each material.
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THE CITY OF MONTICELLO SHALL:
1. The City of Monticello shall provide individual homeowners with one large container for
recycled materials. The City of Monticello and the resident together will pay for these
containers. All materials may be placed in the bin co-mingled together. For the multiple
2. Pickup locations (above 4-plexes), the City of Monticello will provide three or more
90-gallon roll-around containers for each apartment building up to 24 units, and six
90-gallon roll-around containers for apartment buildings above 24 units. These
containers shall be marked as to the appropriate materials.
3. The City shall provide promotional material and material indicating rules and regulations
for material recycling and preparation to each resident in the city of Monticello.
4. The City will make payment to the contractor on a monthly basis within thirty (30) days
after acceptance of a formal payment request, including all the necessary documentation as
required.
5. The City will update the accounting of individual pickups and multiple unit pickups
through the building permit process and certificate of occupancy. Adjustment to the
contract price will then be made on a monthly basis.
III. COMPENSATION
1. The City shall pay to Veolia, beginning June 1, 2008, compensation for services
performed under this agreement a monthly fee based upon the available number of
individual residential pickups and the number of multiple units for multiple pickup.
Compensation will be based upon $1.97 for individual residential pickup and $1.35
per multiple unit (apartment) multiple pickup per month. The actual number of
possible pickups shall be determined by the City's accounting system.
Adjustments will be made on a monthly basis through the building permit
statement of occupancy system. The above rates shall remain in effect through
May 31, 2009. All Rates will increase by 1% effective June 1, 2009. Rates will
again increase by 1% on June 1, 2010. Those rates will be in effect through the
end of the contract on May 31, 2011.
Payment for office paper pickup shall be incidental.
2. In the event that a change in the scope of services provided by Veolia occurs, the
City and Veolia negotiate a commensurate adjustment in fees. A change in scope
of services shall be determined to be the deleting of newspaper, glass, plastic,
aluminum, metal cans, cardboard, magazines, or discard mail from recycling, or the
addition of other materials as requested and approved by the City.
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IV. TERM AND TERMINATION
1. The term of this agreement shall be thirty-six (36) months commencing on June 1,
2008 and ending May 31, 2011. The contract may be extended for two one-year
periods upon successful negotiations by both parties and ratification by the City
Council within ninety (90) days prior to the normal termination date.
2. Either party may terminate this agreement for a material breach of the agreement by
the other party after giving written notice of breach and allowing the other party
fourteen (14) days to correct the breach.
3. Either party may cancel this agreement without cause by giving the other party one
hundred eighty (180) days' written advance notice.
V. DISPUTES FORCE MAJEURE
1. Neither party shall be liable for its failure to perform its obligations under this
agreement if performance is made impractical, abnormally difficult, or abnormally
costly due to any unforeseen occurrence beyond its reasonable control. However,
this article V.1. may not be used by either party to avoid, delay, or otherwise affect
any payments due to the other party.
Both parties indicate their approval of this agreement by their signatures below.
VEOLIA ES SOLID WASTE MIDWEST LLC. CITY OF MONTICELLO
By:________________________________ By:___________________________
Jeff O’Neill
Its:________________________________ Its: City Administrator
By:___________________________
Clint Herbst
Its: Mayor
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CITY OF MONTICELLO
CURB-SIDE RECYCLING PROGRAM
APPENDIX A
RECYCLABLE MATERIALS
I. Material 1: Newspaper
A. Description of types of paper accepted:
• Newsprint and inserts
B. Conditions of acceptance:
• Clean of food particles and other foreign substances
C. Bagged in paper bags or bundled and tied
II. Material 2: Glass
A. Description of types of glass accepted:
• Any glass that is used as a food container, no plate glass
B. Conditions of acceptance:
• Glass must be rinsed out and clean of food particles, labels may be left on
III. Material 3: Aluminum and bi-metal cans
A. Description of types of cans accepted:
• All aluminum and bi-metal cans are accepted
B. Conditions of acceptance:
• Clean of food particles and labels may be left on
IV. Material 4: Plastic (any bottle with a neck)
A. Containers (except oil) shall be drained and rinsed without caps and removable
handles
B. Motor oil containers shall be well drained and caps removed (Do Not Rinse)
C. All plastics shall be placed in a separate container marked plastic or brown bagged
and placed at curb-side with at least one bar coded bin
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V. Material 5: Glossy Page Magazines
A. Only magazines with coated or slick paper
C. It is not necessary to remove covers, inserts, or address labels
D. Does not include plastic or cellophane, carbon paper, phone books, comic books, or
catalogs with glued bindings
VI. Material 6: Discard Mail
A. Colored or white envelopes (with or without windows), computer printouts, all
white/colored paper, typing paper and stationery, notebook paper/letterheads,
pamphlets. Staples, paper clips, rubber bands, and scotch tape do not have to be
removed
B. Does not include NCR or carbon paper, chip board (pop cases, garbage, cereal
boxes), construction paper, plastic wrappings or gift wrap, manila file folders
VII. Office paper pickup (1 city building only):
A. Description of types of office paper accepted:
• Computer and ledger paper, white only
B. Conditions of acceptance:
• Free of foreign substances (e.g. carbon or staples)
VIII. Other materials with available markets included in proposal:
A. Description of materials:
• Corrugated cardboard, tin food cans, used motor vehicle batteries, and
glossy paper magazines
B. Conditions of acceptance:
• Corrugated cardboard: 2' x 2' size, bundled and tied with string
• Tin food cans: free of food particles
• Motor vehicle batteries: caps on and free of cracks
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CITY OF MONTICELLO
CURB-SIDE RECYCLING PROGRAM
APPENDIX B
CO-MINGLED MATERIALS:
Veolia shall provide co-mingled recycling at all residential and commercial residential properties
as described in Sections 1 and 3 of this Agreement. Residents are strongly urged to recycle every
other week rather than when bins or containers are full and over flowing as all bins and containers
are hand dumped.
All recyclable materials may be co-mingled for both residential and commercial residential
properties.
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GARBAGE/REFUSE PICKUP AND HAULING SERVICES
This AGREEMENT made on this 28th day of APRIL 2008, is between the CITY OF
MONTICELLO, a governmental subdivision of the State of Minnesota, hereinafter referred to as
CITY, and VEOLIA ENVIRONMENTAL SERVICES SOLID WASTE, INC., hereinafter
referred to as HAULER.
WHEREAS, the CITY desires garbage and refuse pickup and hauling for all its residents from
covered cans, plastic bags, 30/65/95-gallon universal roll-around containers, or dumpsters on a
contract at a monthly rate for orderly and reliable pickup service and hauling of refuse to a CITY
designated disposal facility, etc., thereof, without the responsibility of the CITY maintaining staff
and equipment for said purpose; and
WHEREAS, the HAULER is organized to and desirous of carrying out such CITY wants and
desires and has adequate equipment, assistance, and know-how to carry out said project;
NOW, THEREFORE, IT IS AGREED, in consideration of the mutual promises of the CITY and
HAULER:
1. PAYMENT
That CITY shall pay HAULER to pick up once per week, beginning JUNE 1, 2008, all existing
units using cans, bags and carts (as of JUNE 1, 2008) generally single family residential through
triplex, including other miscellaneous CITY support facilities pickups and services at a fixed base
unit of 3,890 carts and 30 second carts at a lump sum cost of $13,024.80 per month (excluding
taxes and environmental fees) as specified. In December 2008 delivery to Kjellberg’s Mobile
Home Park of 190 carts to begin collection service. The billing for this addition to begin in
January 2009 at the rate of $3.24 per cart for a total of $615.60 to be added to the lump sum of
$13,024.80 to make an addendum total of $13,640.40. Furthermore, once or twice per week
pickup (as is currently being performed at each site) for all multiple units on dumpster service
(generally all fourplex and greater apartments) at a lump sum cost of $1,751.63 per month
SUPPORTING
DATA
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(excluding taxes and environmental fees) existing on the first day of DECEMBER, 2007, and each
and every month thereafter for the term of this AGREEMENT, unless the AGREEMENT i s
terminated by either party as set forth in this AGREEMENT, said sum shall be for the number of
existing dwellings in the CITY as of JUNE 1, 2008 . The monthly payment shall not include
current or future surcharge or dumping fees at the CITY approved disposal facility but shall
include all applicable state and federal taxes or environmental fees on collection and hauling.
The state (score) sales tax on collection shall be added to the bill as per state law. The CITY
recognizes that these taxes or environmental fees may increase or decrease during the
contract. The landfill or disposal fees shall be paid by the CITY. Prior to each monthly
payment to the HAULER, the HAULER shall provide to the CITY documentation of total cubic
yards and tonnage hauled during the previous month on a form supplied by the CITY.
Documentation shall be based on daily records, including driver identification, truck number,
disposal location, ticket number, time of day, and tonnage/yards dumped (compacted yards shall
be estimated by the driver).
Effective JUNE 1, 2008, any additional residents (single family through tri-plex, and commercial
residential mobile homes) picked up by the HAULER upon the request of the CITY will be added
to monthly payment at $3.24 per unit/month (excluding taxes and environmental fees).
Apartment units (commercial residential) generally four-plexes or greater, those serviced by
dumpsters, will be added at a rate of $7.50 per yard of dumpster capacity per month for once a
week service (excluding taxes and environmental fees). For twice a week service they will be
added at a rate of $14.97 per yard of dumpster capacity per month (excluding taxes and
environmental fees). All rates will be fixed for the term of this agreement, and any additional
residents or commercial residential will be added to the monthly payment at the end of the
following month and will be determined by the number of certificates of occupancy issued during
the month and the type of service requested. Verification of additional units will begin the month
following execution of this contract. This verification will be via electronic mail verification
from the Office Manager of the HAULER with a designated employee within the CITY. Mobile
homes, duplexes, triplexes, townhouses, and others with once per week cart service shall also be
counted as single family residential units. Apartments, generally four-plex and above, shall be
tracked by counting the total number of occupied units in each building.
2. TERM OF AGREEMENT
This AGREEMENT shall remain in force for a period of three (3) years beginning on JUNE 1,
2008, and ending on the last day of MAY, 2011, unless otherwise terminated in accordance with
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this AGREEMENT. This AGREEMENT may be renewed twice for a period of one year for each
renewal within ninety (90) days prior to its natural termination with a possible CPI1 increase by
the written mutual consent of both parties and resolution by the CITY.
The first pickup shall be JUNE 2, 2008. Immediately upon execution of this contract,
HAULER shall furnish CITY with such performance bond or approved letter of credit as
specified under Paragraph 8 herein.
3. TERMINATIONS
This AGREEMENT may be terminated by the HAULER with or without cause upon a six-months'
written notice to the CITY. This AGREEMENT may be terminated by the CITY with or without
cause upon a 90 day written notice to the HAULER.
4. INSURANCE
That HAULER shall carry public liability insurance with a recognized insurance carrier and keep
in force at all times during this AGREEMENT the following minimum of coverage:
A. General Liability
1. General Aggregate: $1,500,000
2. PRODS - COMP/OPS Aggregate: $1,500,000
3. Personal and Adv. Injury: $1,500,000
4. Each Occurrence: $1,500,000
5. Fire Damage (any one fire): $ 50,000
B. Auto Liability
1. Combined Single Limits: $ 500,000
2. Excess Liability Umbrella: $1,000,000
C. Worker's Compensation Insurance as Required by Law
5. SCOPE OF WORK
That the HAULER shall not be required to pick up and dispose of any refuse or garbage that is not
placed in a covered container or tied plastic bag by the resident and that HAULER shall not be
required to use shovels in the loading thereof. In the case of the CITY owned 30/65/95-gallon
1 This Agreement includes a CPI adjustment of one -percent (1.0%) on June 1, 2009, and another CPI adjustment of
one-percent (1.0%) on June 1, 2010.
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carts, the HAULER when using a “semi-automated” mixed or all cart system will not be required
to regularly take refuse outside of the carts at any given residence with cart service*0. In the case
of “fully automated”, the HAULER will not be required to empty carts not placed lid forward and
within reach of the loader arm, nor will HAULER be required to pick up material more than
occasionally (once per month) outside the cart without additional charge directly to the customer.
Further, the service herein contemplated and provided for shall be furnished only to the residents
and identified support facilities within the corporate limits of the CITY. The HAULER shall
provide a local or toll free telephone number for residents to call regarding requests for additional
service or complaints. The HAULER is only obligated to tip CITY owned carts that are
maintained by the CITY. The HAULER shall report any carts in need of repair to the CITY.
The HAULER will be charged for damage to the CITY’S cart caused by the operator or faulty
lifting equipment. The HAULER shall not tip a non-city owned residential cart
That the HAULER agrees to a once a week pickup of all garbage and refuse at curb-side for each
unit on carts, generally single family through triplex in said CITY and up to twice a week pickup of
all existing dumpster service, generally fourplex and above multiple residences in the CITY (as is
currently in practice), including up to five (5) gallons per week of yard waste such as twigs, or
garden waste if placed in the cart or dumpster and to dispose of the same at a CITY designated
landfill or disposal facility. This service extends only to residential property and not to
non-residential commercial or industrial enterprise, except for CITY property listed in Paragraph
5(D). Each day prior to pickup of the CITY’S residential refuse, all trucks shall be empty. At no
time shall a truck pick up non-contract garbage until it has been weighed and emptied at the
landfill or disposal facility. The days of service shall be Monday, Wednesday and Thursday.
Additional days of service shall be agreed to by the City and Hauler prior to implementing such
changes.
The HAULER can negotiate with any resident with regard to the placement of the garbage other
than curbside at the expense of the resident. This includes rolling dumpsters out of buildings or
driveway service. HAULER provides this to a few residents now free of extra charge. HAULER
shall accept up to the equivalent of one (1) 95-gallon cart per household per week. It is expected
that once in a while (once per month) the average resident may exceed the weekly limits. The
HAULER shall not charge the resident unless the overages are often or bulky items such as a
mattress, box spring, chair, couch, etc.
0* CITY shall provide rental carts to residents for semi-automated or fully automated pickup. The carts shall be
universal type sized, 30/65/95-gallon. HAULER shall equip their trucks at the HAULER’S cost with the appropriate cart tippers or arm
for semi or fully automated service as requested by the CITY.
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Plastic garbage bags may be used for storing garbage in or out of a container. Paper bags are not
permissible unless inside a proper container. All dumpsters on commercial residential or CITY
support service are to be weighed each time they are dumped and the weight of contents reported
monthly to the CITY. Forms will be provided by the CITY.
Miscellaneous City Property: That the HAULER shall include in the base bid the requirement to
provide, maintain, and empty twice weekly or once weekly as needed the garbage dumpsters at the
following locations:
Minimum 1 ½ Cubic Yard:
1. West Bridge Park: Year Round
2. Ellison Park: Year Round
3. WWTP: Year Round
(3) Dumpsters
(2) Separate Locations
4. Hi-Way Liquor: Year Round
City may also include carts in addition to dumpster
Minimum 2 Cubic Yard:
1. Public Work, CR 39 West: Year Round
Plus four (4) 95-gallon carts
Minimum 3 Cubic Yard:
1. City/Xcel Ballfields: May 1 thru November 1
The HAULER shall provide one extra garbage dumpster for West Bridge Park and two extra
garbage dumpsters for Ellison Park for Riverfest in July of each year, extra containers to be at least
five (5) cubic yards. The HAULER shall also provide weekly or twice-weekly (as needed)
garbage pickup at the following CITY facilities:
1. Chamber of Commerce, T.H. 25
2. City Hall, Community Center, Sr. Citizen Center; Walnut Street
3. Library, Walnut and 6th Street
4. Fire Hall, 6th Street West
5. Monticello Help Center, Cedar Street
6. Deputy Registrar Office, 3rd Street East
The HAULER SHALL also empty a maximum of eight (8) litter containers at various sidewalk
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locations in the downtown area. These containers must be emptied once weekly or more often
as needed!
The HAULER shall, in addition to the CITY’S regular garbage/refuse, provide pickup of
"screenings" (1 cu. yd. dumpster), “grit” (1 cu. yd. dumpster), and general refuse (2 cu. yd.
dumpster) twice weekly at the Municipal Wastewater Treatment Facility.
That the following are legal holidays:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
Others by Negotiation
When the garbage/refuse pickup occurs during the week of a holiday, all pickups on or after the
holiday will move to the next day for that week only.
The HAULER shall start the work day no earlier than 6 a.m. for pickup of dumpsters, and 7 a.m.
for the pickup of carts, cans or bags. The HAULER is asked to maintain a good muffler system
on the trucks so as to keep noise to a minimum.
The HAULER shall notify the CITY of each occurrence when articles placed out for collection in
an approved container are not picked up or are considered as an extra pickup due to their being
beyond the scope of this agreement (e.g. mattresses, furniture, carpet, appliances, ashes, etc.).
HAULER shall, to the best of their ability, provide address, name of customer, and nature of article
not accepted for pickup. HAULER may negotiate independently with customer for collection of
any articles that fall beyond the scope of this agreement. Any extra fees so charged shall be
reported monthly to the CITY, listing resident, material weight, article, quantity, amount charged,
and date. If the items are not typical household garbage, the HAULER must pay the disposal fee
or reimburse the CITY if disposed of with the regular load. The HAULER will occasionally
except a small amount of demolition materials from a residence if they are in an approved
container, within the weekly limit and do not, in the case of a can, exceed the 60 pound limit. If a
resident is missed during a normal pickup day and the CITY believes the set out time was proper,
the HAULER shall return as soon as possible**0 to pick up the garbage.
0** NOTE: As soon as possible meaning the same day if notified before trucks are emptied, or next scheduled
pickup day in Monticello if trucks have been emptied.
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6. SPECIAL CONDITIONS
The HAULER shall not pick up grass clippings at curb-side unless they are contaminated with
garbage. The HAULER shall report to the CITY each time he or she picks up such a mixture, and
the CITY will notify the resident such a practice will not continue.
As part of this base contract, the HAULER will pick up bagged leaves at curb-side only two (2)
times per year and transport them to the CITY’S compost facility on the west end of town or the
Wright County Compost Facility on CR 37. The HAULER shall not charge typical MSW taxes
or surcharges on the value of this work. The HAULER shall report the weight of each load taken
to the CITY’S leaf compost facility. The date and time of the pickups shall be as mutually agreed
to by the HAULER and CITY. The HAULER shall pick up and report mixtures of leaves and
garbage as they occur. The CITY shall notify the resident such a practice will not continue.
The HAULER, in cooperation with the CITY’S recycling program, shall report to the CITY any
dumpsters which routinely contain significant amounts of recyclable items such as newspaper,
glass containers, plastic bottles, and cans, or other items recycled with the CITY’S program. The
location, date, type, and approximate amount of recyclable material shall be noted.
At the CITY’S direction, the HAULER shall, at no additional cost, "sticker" (provided by the
CITY) garbage containers containing recyclables and when directed by the CITY, leave garbage at
curbside until the recyclables have been removed or directed by the CITY to pick up.
The HAULER shall maintain their trucks and pickup equipment so as to be in good operating
condition and appearance. The trucks shall be clearly lettered with the HAULER’S name,
location of office and phone number.
In the event that the HAULER finds reason not to pick up garbage (such as recyclables in
garbage, etc.), the HAULER shall leave a note on the cart explaining such reason.
However, after HAULER commences fully-automated service, this may not be practical.
7. DUMPSTER RENTAL
The HAULER shall provide, when requested by apartment building owner, covered rental
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dumpsters, including maintenance***0, for residential property at the following rates:
1 ½ cu. yd. $ 4.00/month
2 cu. yd. $ 6.00/month
3 cu. yd. $ 9.00/month
4 cu. yd. $12.00/month
6 cu. yd. $15.00/month
8 cu. yd. $18.00/month
The HAULER must, as part of this contract, pick up and transport all residential garbage,
including that from multiple unit apartments. Multiple apartment owners can provide their own
properly maintained dumpsters or containers approved by the HAULER and the CITY, or may
elect to rent containers from the HAULER.
8. PERFORMANCE BOND
HAULER shall furnish CITY, as a condition to his receiving consideration under this contract as
set out in Article 1, a performance bond or approved letter of credit; said bond or letter shall remain
in force during the term of this AGREEMENT and shall be placed with a bonding company or
bank acceptable to CITY. Said bond or letter shall be payable to the CITY OF MONTICELLO
and shall be in the amount of one-half annual value of the contract.
9. DISPOSAL
It is the obligation of the CITY to direct the HAULER for disposal at a CITY approved facility for
the refuse, garbage, etc., and pickup matter, and to pay the disposal cost at the facility. The
facility will be any of the following:
1) Elk River Landfill, Inc. in Elk River (Sherburne County)
2) Wright County Compost Facility (if operating)
3) Superior Services Inc. Landfill @ Cty Rd 37 & Cty Rd 12 (Wright County)
4) City approved transfer station within 15 miles of Monticello
The HAULER shall haul to any of these facilities as directed at no additional charge to the CITY.
0*** HAULER maintenance shall include covers, wheels, routine cleaning and paint to the degree as determined
reasonable by the CITY.
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10. ASSIGNMENT
This AGREEMENT may not be assigned in whole or in part without the written consent of the
CITY.
11. GENERAL
This AGREEMENT contains the entire AGREEMENT between the HAULER and the CITY and
may be amended only by the mutual consent of CITY and HAULER in writing.
12. WAIVER
A waiver of one part of rights of either party is not a waiver of all the rights that may accrue to
either party.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this
________ day of _____________________, 20______.
ATTEST: CITY OF MONTICELLO
________________________________ By:______________________________
Jeff O’Neill, City Administrator Clint Herbst, Mayor VEOLIA ES SOLID WASTE, INC. By:_______________________________
Its: _______________________________