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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 1 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 2 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 1 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 2 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 1 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 1 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 2 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 2 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 2 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 City Council Agenda – 06/25/07 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 City Council Agenda – 06/25/07 21 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 River St E Cedar St Pine St River St W E Broadway St 3 4 5 6 2 1 Assessed Properties Non-Assessed 0 100 20050Feet Assessment RollT.H. 25 at CSAH 75 Intersection ImprovementsCity of Monticello, MN 1 inch = 100 feet Fi l e : K : \ 0 1 4 9 4 - 3 7 \ G I S \ M a p s \ A s s e s s m e n t R o l l . m x d , J u n 0 2 , 2 0 1 0 5 : 2 1 : 0 2 P M ?¾A@ GÕWX 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. F:\CITY CLERK\AGENDAS\2010 COUNCIL AGENDAS\06-14-10\11 SUPPORTING DATA - VEOLIA CONTRACT AMENDEMENT - RECYCLING CONTRACT - 061410.DOCX Page 4 of 8 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. F:\CITY CLERK\AGENDAS\2010 COUNCIL AGENDAS\06-14-10\11 SUPPORTING DATA - VEOLIA CONTRACT AMENDEMENT - RECYCLING CONTRACT - 061410.DOCX Page 5 of 8 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 F:\CITY CLERK\AGENDAS\2010 COUNCIL AGENDAS\06-14-10\11 SUPPORTING DATA - VEOLIA CONTRACT AMENDEMENT - RECYCLING CONTRACT - 061410.DOCX Page 6 of 8 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 F:\CITY CLERK\AGENDAS\2010 COUNCIL AGENDAS\06-14-10\11 SUPPORTING DATA - VEOLIA CONTRACT AMENDEMENT - RECYCLING CONTRACT - 061410.DOCX Page 7 of 8 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 F:\CITY CLERK\AGENDAS\2010 COUNCIL AGENDAS\06-14-10\11 SUPPORTING DATA - VEOLIA CONTRACT AMENDEMENT - RECYCLING CONTRACT - 061410.DOCX Page 8 of 8 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. F:\CITY CLERK\AGENDAS\2010 COUNCIL AGENDAS\06-14-10\11 VEOLIA CONTRACT AMENDEMENT - GBG CONTRACT.DOCX | Page 1 of 9 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 F:\CITY CLERK\AGENDAS\2010 COUNCIL AGENDAS\06-14-10\11 VEOLIA CONTRACT AMENDEMENT - GBG CONTRACT.DOCX | Page 2 of 9 (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 F:\CITY CLERK\AGENDAS\2010 COUNCIL AGENDAS\06-14-10\11 VEOLIA CONTRACT AMENDEMENT - GBG CONTRACT.DOCX | Page 3 of 9 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. F:\CITY CLERK\AGENDAS\2010 COUNCIL AGENDAS\06-14-10\11 VEOLIA CONTRACT AMENDEMENT - GBG CONTRACT.DOCX | Page 4 of 9 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. F:\CITY CLERK\AGENDAS\2010 COUNCIL AGENDAS\06-14-10\11 VEOLIA CONTRACT AMENDEMENT - GBG CONTRACT.DOCX | Page 5 of 9 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 F:\CITY CLERK\AGENDAS\2010 COUNCIL AGENDAS\06-14-10\11 VEOLIA CONTRACT AMENDEMENT - GBG CONTRACT.DOCX | Page 6 of 9 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. F:\CITY CLERK\AGENDAS\2010 COUNCIL AGENDAS\06-14-10\11 VEOLIA CONTRACT AMENDEMENT - GBG CONTRACT.DOCX | Page 7 of 9 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 F:\CITY CLERK\AGENDAS\2010 COUNCIL AGENDAS\06-14-10\11 VEOLIA CONTRACT AMENDEMENT - GBG CONTRACT.DOCX | Page 8 of 9 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. F:\CITY CLERK\AGENDAS\2010 COUNCIL AGENDAS\06-14-10\11 VEOLIA CONTRACT AMENDEMENT - GBG CONTRACT.DOCX | Page 9 of 9 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: _______________________________