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City Council Agenda Packet 10-15-1991AGENDA FOR THE MEETING OF THE CITY COUNCIL Tuesday, October 15, 1991 - 7:00 p.m. Mayor: Ken Maus Council Members: Shirley Anderson, Clint Herbst, Brad Fyle, Dan Blonigen 1. Call to order. 2. Approval of minutes of the regular meeting held September 23, 1991. 3. Citizens comments/petitions, requests, and complaints. 4. Public Hearing --Consideration of a resolution for vacating a portion of the drainage and utility easement along the northern border of Lot 1, Block 1, Sandberg East. Applicant, Clint Herbst. 5. Consideration of reviewing TIF summary report - EDS. 6. Consideration of a request to rezone Lot 1, Block 4, River Terrace, also known as west Side Market, from R-1 (single family) zoning designation to B-1 (neighborhood business). Applicants, Tom Holthaus and Matt Holker. 7. Review of pilot study program and consideration of resident optional cart system garbage pickup. 8. Consideration of a resolution prohibiting construction of privately -owned wastewater treatment facilities for multiple residential developments. 9. Consideration of a resolution approving plans and specifications and authorizing advertisement for bids for traffic signal at the intersection of CSAR 75, CSAR 39, and County Road 118. 10. Consideration of appointing liquor store assistant manager. 11. Consideration of approving specifications and advertising for bids for a new snowplow and truck and authorization to soil 1972 International truck to highest bidder. 12. Consideration of adopting a resolution authorizing preparation of a Meadow Oak pond outlet feasibility study. 13. Consideration of a request to amend Section 3-2 B 5 of the Monticello Zoning Ordinance by replacing the phrase "in the R -I single family residential and R-2 single family districts" with the phrase "in all residential zoning districts." 14. Consideration of authorization for Receptionist to complete Council minutes under supervision of Assistant Administrator. 15. Adjournment. MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, September 23, 1991 - 7:00 p.m. Members Present: Ken Maus, Shirley Anderson, Brad Fyle, Clint Herbst, Dan Blonigen Members Absent: None 2. Approval of minutes. After discussion, a motion was made by Clint Herbst and seconded by Dan Blonigen to approve the minutes of the regular meeting held September 9, 1991. Motion carried unanimously. Citizens comments/petitions, requests, and complaints. Charles Walters, resident of the Meadow Oak neighborhood, was present to voice his concerns regarding the level of the water in the Meadow Oak storm water retention pond. He noted that It appears that the water is now outside of the storm water easement areas designated on his property and is encroaching on his yard. He was concerned that a portion of his sprinkler system is now under water and could freeze and crack over the winter months. Walters requested that the Council consider developing a storm water outlet that would be employed to maintain the water level at an elevation that would allow him full use of his property. Ken Maus informed Walters that the City Council is reviewing the problem and will be considering authorizing the preparation of a feasibility study which will define methods that could be used to regulate the water elevation in the pond. Council discussed the issue but deferred action until agenda item 09, which calls for consideration of a resolution authorizing preparation of a Meadow Oak pond outlot feasibility study. 4. Consideration of approval of county state aid hiqhway maintenance agroomont with Wright Countv. John Simola reported that each year the City of Monticello performs certain maintenance on county state aid highways and receives money from the County for that work. For example, we remove snow and ice from County Road 75 from Willow Street east to County State Aid Highway 39 near the Total Mart store. Page I 9 Council Minutes - 9/23/91 The City performs 258 of the snow and ice removal on County Road 39 from the Monticello Public works building to County Road 75, and we perform all miscellaneous maintenance on County State Aid Highway 58 and 59, which are actually portions of Locust Street, 4th Street, walnut Street, and 7th Street in downtown Monticello. The County reimburses the cost based upon their previous year's cost for related maintenance in the county. For 1990, we would receive $5,274 for this maintenance based on 1989 average cost. Simola went on to recommend that the City approve the maintenance agreement as drafted, as changing the current agreement or reducing the amount of maintenance done by the City could result in a lower level of service to the community, as the County's priority on the highways and roads noted above are not always the same as the City's. Brad Fyle asked if the reimbursement provided to the City for the maintenance activity is realistic. John Simola responded by saying that the City has not established its own cost per mile; however, the cost that the County reimburses the City is equal to what the County feels its maintenance costs are per mile. After discussion, a motion was made by Brad Fyle and seconded by Shirley Anderson to approve the maintenance agreement as submitted by City staff. Motion carried unanimously. Consideration of replacing underqround heat pipes at the Citv wastewater treatment plant. John Simola reported that despite efforts to correct leaks with the use of stop leak chemicals in 1989, the heating pipes continued to leak, which creates two problems for the system: 1) the introduction of fresh cold water to the system at rates of one to two times the capacity of the system causes high inefficiencies in the heating system both from a cost standpoint and from a heating capability standpoint; and 2) the boiler treatment chemicals which are used to protect the boiler and the heating system from corrosion are washed away and must be replenished. The boiler treatment chemicals are very expensive, in the neighborhood of $500 per barrel; and when losing 300 gallons of water a day, a barrel of boiler treatment chemicals does not last long. Simola reported that City staff has looked into a number of options, which he described, for correcting the situation. Pago 2 u Council Minutes - 9/23/91 After discussion, a motion was made by Dan Blonigen and seconded by Shirley Anderson to authorize City staff to work with PSG for replacing the heat pipe system at the wastewater treatment plant at an estimated cost of $7,700 to $10,000 and to remove the existing 30 -year-old fuel tank at the site at an estimated cost of $1,450. Motion carried unanimously. b. Consideration of study for public works facility expansion. John Simola reported that at the direction of City Council, the public works facility building committee, consisting of Councilmember Blonigen, Councilmember Fyle, Roger Mack, and John Simola, had met and defined the issues to be studied with the public works facility expansion. After numerous meetings and tours of public works facilities in various other communities, the building committee has narrowed the focus of the proposed study. The subcommittee has concluded that the existing site has sufficient room for expansion of the public works department for the near and foreseeable future. Once the site nears or reaches capacity, it is likely that the sewer/water collection department would relocate, possibly to the industrial park near the reservoir. Therefore, the study will focus entirely on the existing site and existing buildings. The study will look at the possibility of joining the office of public works and garage for the sewer/water collection system with the existing public works shop under one roof, In addition, it will look at the possibility of adding onto the existing building or buildings individually. Simola went on to note that the public works facility building committee has recommended that the City contract with the engineering firm TKDA to conduct a public works facility expansion study at a lump sum cost of $2,750 plus expenses. City Council reviewed the scope of the proposed project. Brad Pyle noted that the City should stay away from using wood to heat the public works facility. Ken Maus noted his agreement, as the cost to use wood fuel in terms of labor could exceed any savings. John Simola responded by saying that duo to the Dutch Elm disease problem, the City has a good supply of fire wood. This wood would otherwise be taken to the landfill, which results in a cost to the City. He noted that the burner would be dosignedto accommodate largo pieces, and a process would be established to make the loading of the furnace as efficient as possible. Pago 3 Council Minutes - 9/23/91 It was the consensus of the Council to allow installation of a wood burning furnace if it could be demonstrated that it was cost efficient to provide supplemental heat to the building in this manner. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to authorize the City of Monticello to contract with TKDA for a public works facility expansion study at a lump sum cost of $2,750 plus expenses as listed. Motion carried unanimously. Consideration of replacinq sewer let truck and chassis. John Simola reported that the public works department has looked at the need to replace one of our older snow plow trucks. The 1981 Chevrolet is underpowered and has been a troublesome unit for several years during heavy winter plowing and hauling. The 1978 International is beginning to rust and is becoming less and less dependable each year but is adequately powered and is currently a better snow plow truck than the 1981 Chevrolet. In addition, the 1981 Chevrolet plow unit was built utilizing equipment taken off a 1972 International. The dump body itself is in extremely poor condition. Based upon this information, City staff would like to propose to Council that we remove the box and wing from the 1981 Chevrolet and install the sewer jet on this cab and chassis. We would then like to spoc and bid a now snow plow truck to replace the 1981 Chevrolet with a 1992. In the time frame between now and when the new truck arrives, we would be able to plow snow in an emergency utilizing the 1981 Chevrolet, as we could keep the plow and hydraulic system on this unit, as it has little value and may be used in an emergency. Simola went on to note that use of the 1981 Chevrolet cab and chassis for the sewer jet would replace a 1972 International truck which does not currently meet federal standards, as the frame is broken and bowed, all four springs need replacement, and the two front tires do not havo sufficient tread to meet federal standards. The cost to repair this vehicle is far in excess of its value; therefore, it really needs to be replaced. After discussion, a motion was made by Brad Fyle and seconded by Dan Blonigon to authorize City staff to utilize the 1981 Chevrolet cab and chassis for the Bower jot and prepare specifications for a replacement snow plow truck. Motion carried unanimously. Page 4 e Council Minutes - 9/23/91 B. Consideration of a resolution authorizing preparation of a Hart Boulevard storm sewer outlet feasibility studv. Assistant Administrator O'Neill noted that a number of factors have emerged in the past few weeks that have caused staff to request that Council consider ordering a feasibility study that would analyze the design and costs issued associated with managing storm water run-off currently passing underneath Hart Boulevard and through the Bondhus property. O'Neill noted that storm water run-off may now be exceeding the natural discharge rate due to urban development upstream. With continued development, the problem will likely get worse and could result in damage to private property for which the City would be liable. O'Neill also noted that in addition to the possible storm water capacity problems, there is another factor contributing to the need to analyze the situation. City staff has been informed that the health care center located directly east of the hospital may be expanding, and it is very possible that with this expansion, a parking lot could be located in the same position as a potential storm water outlet to the Mississippi River which would be installed to bypass the Bondhus property. O'Neill noted that development of the storm sewer at this time would eliminate the high cost to install the system after the parking lot is in place. Dan Blonigen noted that the City needs to look at managing water upstream. The scope of the study should include not only defining the cost of piping the water to the river, but it should also look at developing techniques to manage the water upstream to allow for replenishment of the ground water supply. Clint Herbst concurred with this view. Ken Maus noted that the study at this time would look at both the cost to develop the storm water system by passing the present course through Bondhus property and would look at methods by which water could be managed upstream. After discussion, a motion was made by Shirley Anderson and seconded by Brad Fyle to adopt a resolution ordering a Hart Boulevard storm sewer outlet feasibility study at an estimated cost of $4,300 as outlined in the City Engineer's proposal to the City dated September 19, 1991. Tho foasibility study is to also analyze the feasibility of managing water upstream from the storm water outlet in a manner that would eliminate the need to create a now outlet at Hart Boulevard. Motion carried unanimously. SEE RESOLUTION 91-33. page S J Council Minutes - 9/23/91 Consideration of a resolution authorizinq preoaration of a Meadow Oak pond outlet feasibility study. Assistant Administrator O'Neill reported that at the previous meeting of the City Council, Mike Beck, a resident of Meadow Oak Estates, voiced his concern regarding the rising level of water to the Meadow Oak pond. Beck was concerned about the threat of his home being flooded, and he was concerned that much of Meadow Oak, along with his yard, has become unusable due to the high water. O'Neill noted that in order to develop a plan and develop alternatives for future action, the City will need to conduct a feasibility study which will define the extent of the existing problem and develop alternatives for future action. John Simola noted that one of the alternatives reviewed in the feasibility study includes development of a combination overland and piped system extending from the Meadow Oak development area through farm land owned by Mr. Bauer and through the Sandberg East/Gillard Avenue area to the Mississippi River. Dan Bloniyen noted that he is not overly concerned about the current elevation of the existing pond. He observed that the pond at this time is at its design height and is not exceeding the original pond outlet elevation. Brad Fyle concurred that the pond is nowhere near the flood stage, and there is ample room for additional storm water retention in the event that additional rainfall occurs. Dan Blonigen stated that the City needs more information regarding alternatives as suggested by staff; however, he noted that City staff talk to landowners that will be impacted by development of a storm water outlet and determine if there is any interest in allowing the City to extend storm sower utilities across their property. After discussion, a motion was made by Dan Blonigen and seconded by Brad Fyle to postpone acting on the proposed resolution until affected landowners have provided feedback to the City regarding the potential of development of a storm water system crossing their property. Motion carried unanimously. Page 6 Council Minutes - 9/23/91 10. Consideration of approval of bills for the month of September. After discussion, a motion was made by Shirley Anderson and seconded by Dan Blonigen to approve the bills as submitted. Motion carried unanimously. There being no further discussion, the meeting was adjourned. Jeff O'Neill Assistant Administrator Pago 7 0-> 0 Council Agenda - 10/15/91 4. Public Hearinq--Consideration of a resolution for vacating a portion of the drainage and utility easement along the northern border of Lot 1, Block 1, Sandberg East. Applicant, Clint Herbst. (J.O.) REFERENCE AND BACKGROUND: This request stems from a problem created with the original platting of the Sandberg East subdivision. At the time the plat was designed, it was in the township. Township plat design standards stipulated that the side yard lot lines along the perimeter of unplatted land include establishment of 20 -foot side yard setbacks. This requirement affected Lot 1, Block 1, of the Sandberg East subdivision. The 20 -foot easement requirement makes sense in a rural area, especially where there is no easement on the adjoining property to the north; however, in an urban area where lot sizes are smaller due to availability of sanitary sewer, the 20 -foot easement acts to encumber the property and limit the ability to develop the site. The current city standard for side yard easements is 6 feet. The current standard for side yard setback is 10 feet. The current minimum lot width is 80 feet. In this case, the lot proposed for development is just over 80 feet wide. with a 20 -foot side yard easement encumbering it, it is impossible to develop a home on the site that is over 50 feet wide, as there is only 50 feet of developable frontage with the 20 -foot easement in place. This severely restricts the type of house that can be placed on the site. The applicant requests that the City vacate 14 feet of the easement area, which would result in a side yard easement of 6 feet and would result in sufficient area to develop a home that is 60 feet wide. It should also be noted that the property directly to the north is the East View plat site, which will be required to provide storm water drainage and utility easements along the common border with Lot 1. Council may wish to request an exchange for the 14 -foot wide vacated easement area. Council may wish to request that the applicant grant a 6 -foot easement to the City along the southern boundary of the property. Current City standards require all newly platted land to include a 6 -foot easement along ovary side lot line as a minimum. Again, the design of this plat fall under county/township rules which did not include this side yard easement requirement. In this case, the absence of the easements on every other lot lino in this plat results from the original land use concept, which called for each house being built on two lots. Placing an easement line on ovary lot line did not make sense, as it would result in an easement within the perimeter of each homosito. Council Agenda - 10/15/91 Coincidental to the request to vacate 14 feet of the 20 -foot easement is the need to develop possible avenues for the Meadow Oak storm water outlet system. It could be that the 20 -foot easement area might be one alternative for the path of the system. It appears, however, there is a better course for the system. However, this course requires acquisition of an additional 10 feet of easement area along the southern perimeter of nearby Lot 2. It is suggested that the City vacate the easement area as proposed in exchange for the 10 -foot easement section described on the attached map. This easement would need to be provided by Rod Norell who is the same party that is selling Lot 1. ALTERNATIVE ACTIONS: 1. Motion to adopt a resolution vacating a portion of the drainage and utility easement along the northern border of Lot 1, Block 1, Sandberg East. Vacation is subject to City acquisition of 6 -foot easement along southern border of Lot 1, Block 1, Sandberg East subdivision. Vacation is subject to City acquisition of an additional 10 -foot easement along southern boundary of Lot 2, Block 1, Sandberg East subdivision. Approval of the proposed resolution will result in a standard 6 -foot easement line along the northern border of said property and will allow the Herbst family to enjoy the full development potential of their home site. It would also result in the City maintaining more than one alternative path for extending storm sewer facilities through the area. Motion to deny approval of said resolution. In the event that the applicant and sellar are not willing to grant the casements as described above In exchange for the vacation as requested, thon Council may wish to deny the vacation of the 20 -foot easement and preserve it as a possible avenue for the storm water system serving Meadow Oak and the adjoining areas. C. STAFF RECOMMENDATION: Staff rocommends alternative N1. SUPPORTING DATA: Copy of certificate of survey; Resolution for adoption. v U ! Certificate of Survey for 'lot %- Goeman Realty East V:a e _� "I � m�-aatl 111,�,� taNraAiti � t �y � A yen P'aPea r t/ Lot I Block 1 !. Sandberg East Y Wright County. Mo. .f a Ye hereby certl Ty that this 10 a true en0 * bo.n rapre ■ont h. l of • evrvsy of the r0unearlss of tna fano a au'bs0 •bOva. It 0o91 not purport to lh0- -- •o Se:provsments or encroache rxe, ST ,9 any„//i •s ieurv'9!�by ns tole .-Weay c. - 00 T0 0 ,l0 `R�llr�a0.1 Oaal-,r halt a r[l� afQYIR•ROMLas WC f�] 0 09-0191 ,■0.-b.U.9.1 �ZL*�I till, 14, } can e..�1rf' _ I ou I t�t�r� I ,1,5 41176 O RESOLUTION 91- �0 v RESOLUTION FOR VACATING A PORTION OF THE DRAINAGE AND UTILITY EASEMENT ALONG THE NORTHERN BORDER OF LOT 1, BLOCK 1, SANDBERG EAST WHEREAS, the owner of the property encumbered by said easement has requested the City Council, in a petition dated September 23, 1991, to vacate a portion of such easement according to law; AND WHEREAS, a public hearing was held on October 15, 1991, before the City Council in the city hall on such petition after due published and posted notice had been given, as well as personal notice to affected property owners by the clerk on 1991, and all persons interested were given,an opportunity to be heard; AND WHEREAS, any person, corporation, or city owning or controlling easements contained upon the property vacated reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto; AND WHEREAS, it appears that it will be In the best interest of the City to approve such petition; NOW, THEREFORE, BE IT RESOLVED that such petition is hereby granted, and the easement described as follows is hereby vacated: Tho southerly 14 feet of the along the northern boundary Sandberg East subdivision. easement remaining. Adopted this day of City Administrator c 20 -foot easement located line of Lot 1, Block 1, This results in a 6 -foot Mayor 1991. oy- , Certificate of SL for t � iLaf ( $IocK riar`I'ra3 la8y;o.� W;t, fe.fU;.w ?t.t Goeman Realty t Fast V:�w f 11j Ji N`��ISrS� ijQea ic� Fes rn,r., f to 1 � 0hLx�r..ur Uttl��y Fia56M4AEa � t1 I�►I ta..,ar ass:.a.-t en �J.,,tu e�dt Lot I Block 10'ce..w,.wt iwndl.t:•ti Sandberg Bast Wright County,Mn. ff wr...� tats. 9 .-- pr�ary ez �r �/ �JCIC JK JCiJC i C/C ?�!4{.�x� �jev: rhe S Au tw.aQ 2a'•t eF W. C.f.; Fo¢ Mtadaw we hereby certify that thin lfe;. t! we.t C of 0.1ce s g#e,M ofd rect the rboundasies or reretthecland iabove. It does hot'purtor- 19 is 4MV. V = or tncrcach- ., t bo a survey by,nt thio/ Y C L(t <~ IC ` "I bit I t l f sy a r. neSWOLL Ca So''; a q eo loo ,to Star"ic [cue ,o 1199TMEV-R0HUMWC ■[ws_, O 69MOTta 1010" YOMuMraT 6, aa.(.�. [00.,�.�,�. � 6..[[1 � -C, r o MISS I�D'''. C I T Y 950 r _ UK p-� p 1 Wright County R/W Plot No. 6) iµ^ �� ' f :4 C. S. A. H. ' N0. � " • f :r',�' 5,Y 50 _ o ,�KK ,Exit?. b0% 18" R.C.P Eurl. IS l.N. � MH^iEab�..� / 1..1 L.. _ M�j23 ' � /'] J -i '�.�•_..e i ;� 2! � , O IF1�o F i�L' - �• ' i T t I 1 4,500 S:.F,A� OUTLOT V2 20 S . F. / Ic --'550 ! _ J�� : /j�?r�.1T- tom~ ! '� - k?ew �' n •-...►r+l� ++I J -13 :..Gocc.a�.t�•�'rswu -4eel _�- it NOTES:04( I I ) The topographic contours that are shown was obtained frtu.n the 4 I Erociun Co, City of Monticello , _ _ I al, iddresr 2) Grading_` A: this time there is no gradfing prt,pucud on thl;, 1 , is arc Council Agenda - 10/15/41 Consideration of reviewing the Housing and Redevelopment Authority's Tax Increment Financial Analysis as prepared by Business Development Services, Inc. (O.K.) REFERENCE AND BACKGROUND: Enclosed with your agenda package is a copy of the TIF Financial Analysis as prepared by Business Development Services, Inc. The analysis includes 11 HRA districts but does not include the City's Lincoln Companies district. The Housing and Redevelopment Authority reviewed the analysis at their September meeting and recommended the analysis be presented to the City Council. Mr. Pat Pelstring will be present at the Council meeting to summarize the analysis and to answer Council questions. Please review the analysis prior to the meeting. D. SUPPORTING DATA: Copy of the financial analysis. C Council Agenda - 10/15/91 Consideration of a request to rezone Lot It Block 4. River Terrace, also known as West Side Market, from R-1 (single family) zoninq desiqnation to B-1 (neiqhborhood business). Applicants, Tom Holthaus and Matt Holker. (J.O.) REFERENCE AND BACKGROUND: The owners of the West Side Market request that the City rezone the West Side Market property area from its present residential zoning designation to a B-1 (neighborhood commercial) zoning designation. The request for the rezoning stems from the desire of the applicants to operate under a zoning designation that is consistent with the business operation that is now in place. If the zoning ordinance amendment is allowed, it takes the West Side Market out of the category of being a non -conforming use, which would allow the property owner to fully utilize all of the land area for commercial use as allowed in the B-1 zone. Although nothing is proposed at this time, the rezoning would allow enlargement of the existing store. In addition, the rezoning would allow the West Side Market to sell Christmas trees at the site. Under the present rules governing non -conforming uses, Christmas tree sales are not technically allowed at the site, as such outside sales at the site could be construed as an enlargement or intensification of the non -conforming use. At least throe homeowners from the area were present at the Planning Commission meeting to object to the rezoning. In response to staff information and input from the public, the Planning Commission acted to recommend denial of the rezoning based on the finding that the original zoning designation as R-1 was correct, and ultimately the property should someday revert to R-1 uses. Changing the designation to B-1 would constitute spot zoning according to the Planning Commission. Following is information provided to the Planning Commission with some additions. in essence, the proposed ordinance amendment gives the property owner the latitude to use the property for permitted commercial uses as outlined In the 9-1 zoning district. As you will note in the 0-1 zoning district, the commercial uses allowed aro rather limited in that the only uses allowed aro barber shops, beauty parlors, convenience grocery stores, and laundromats. In addition, essential services are allowed which might include telephone and electrical utility relatod structures. Conditional uses allowed in the B -i zone include governmental and public utility buildings, professional and commercial offices, and commercial planned unit developments. Council Agenda - 10/15/91 In the past few years, the use of this property has been reviewed on numerous occasions by the Planning Commission and City Council. when the original zoning ordinance was adopted designating the R-1 use, the site was being used as a tavern, which made it a non -conforming use. In the mid 1980'x, it was proposed that the tavern be remodeled into a convenience store. This was allowed because a convenience store is considered a less intense use than a tavern. In addition, a conditional use permit was obtained which allowed the dispensing of gasoline at this location. Over a year ago, the City Council turned down a request by the developers to rezone the property into the PZM zoning category which would have allowed a wider variety of commercial uses to be conducted at the site, including development of a deli and a car wash. The present application for rezoning to the B-1 district is similar to the most recent rezoning application; however, the types of uses that are allowed in the B-1 zone versus the PZM zone are much more limited. A car wash or deli would not be allowed under the B -i zoning designation. The following is a review of the proposed zoning ordinance amendment in terms of the criteria used for analyzing such requests. Relationship to Municipal Comprehensive Plan The following sections of the comprehensive plan may apply to the situation: On page 48, under Commercial Policies, item #5 states "Commercial areas should be as compact as possible. Compact commercial areas are particularly advantageous for retail uses, as they concentrate shopping and parking. A community is benefited by reducing exposure to residential areas having a better control over parking and traffic needs. For this reason, strip and spot commercial development should not be permitted." It could be that this particular section of the comprehensive plan, though pertaining to commercial areas, may not have boon Intended to pertain directly to the neighborhood commercial areas and might be more likely to pertain to development of larger, more intense commercial areas. Item #9 of the Commercial Policies states that "Boundaries of commercial districts shall be wall dotinod so as to prevent Intrusion into residential areas. Residential areas must be properly screened from the associated ill effects of adjacent and nearby commercial area.,, Council Agenda - 10/15/91 The proposed B-1 district is bounded on the south and east by a residential district; however, all access to the site comes directly off of a major thoroughfare and a local collector street. Therefore, with adequate screening, the commercial area should not intrude into the residential zone. Geographic Area and Character of Surroundinq Area As you know, the area was originally zoned for R-1 uses. The City Council needs to determine whether or not the proposed B-1 neighborhood business district activity is compatible with the existing R-1 residential uses and nearby school district uses. Following is the language outlining the purpose behind the B-1 zoning district, which may assist you in determining whether or not this use is consistent with the character and geography of the area. "The purpose of the B-1 (neighborhood business) district is to provide for the establishment of local centers for convenient limited office, retail, or service outlets which deal directly with the customer for whom the goods or services are furnished. These centers are to provide services and goods only for the surrounding neighborhoods and are not intended to draw customers from the entire community." A case could be made that the existing convenience store does deal directly with customers from the area, and the store is not intended to draw customers from the entire community. On the other hand, the Pinewood Community Playground, along with the Little League activity, along with the Pinowood School activity, all draw people from the entire community, who in turn utilize the West Side Market in conjunction with school or recreation activities. Therefore, the West Sido Market indirectly provides goods and services to a wider market than the local neighborhood, which is not consistent wi-th the intent of the B-1 zoning district. Demonstrated Need for Such Use Thera door not appear to be an overriding reason why tho City should rezone the site. The existing non -conforming use may continuo as is without expansion for many years to come. There does not appear to be an overriding need in tho area for enlargement of the convenience store and potential Intensification of the property's ueo as a commercial site. Council Agenda - 10/15/91 Essentially, the City Council is faced with the difficult decision of determining whether or not to "upzone" the property to a more intense use after promising for years to local residents that the property is zoned properly as R-1 and will not likely be zoned tD a more intense use. B. ALTERNATIVE ACTIONS: Motion to approve the rezoning request based on the finding that the change from the R-1 to the B-1 zoning district is consistent with the comprehensive plan and consistent with the character and geography of the neighborhood. Furthermore, the need for the rezoning has been sufficiently demonstrated. Under this alternative, the City Council takes the position that the B-1 zoning designation fits well into the residential area and is consistent with the purpose of the B-1 zoning district being a neighborhood commercial site serving the needs of the local residents. Under this alternative, the west Side Market is no longer a non -conforming use and is no longer restricted by the rules governing non -conforming uses, which means the building can be expanded for convenience store type activities, and the site can be freely used for Christmas tree sales and other seasonal sale activity. This alternative will also add value to the property by making it a conforming use in a business zone. Motion to deny the zoning ordinance amendment as requested. Under this alternative, City Council could make a finding that the original zoning map designation, including the site in the R -I zone, was correct. The geography and character of the area is primarily residential in nature; therefore, the City should be maintaining the existing zoning designation, which Is intended to ultimately result in the site being converted to residential uses. A mistake was not made In the development of the original zoning ordinance. Under this alternative, Council would take the view that the residential nature of the area noods to be preserved and that ultimately the site should maintain its non- conforming status which, over time, is intended to result In conversion of the use from commercial to residential. In addition, this alternative will eliminate the possibility of the convenience store from enlarging its present operation and may limit the ability of the Council Agenda - 10/15/41 property owners to sell Christmas trees and other items outside the confines of the structure or conduct any additional business, which could be construed as expansion or enlargement of the existing non -conforming use. 3. Motion to deny the zoning amendment as requested; however, determine that Christmas tree sales do not constitute an enlargement or intensification of the existing lawful nonconforming use. Under this alternative, the rezoning would not be allowed; however, the sale of trees would be allowed to occur. The Planning commission, in its recommendation to deny the rezoning request, did not address the tree sales issue; therefore, no recommendation is provided. However, there were no public comments in opposition to Christmas tree sales, and the Planning Commission did not appear to have a problem with limited seasonal sales at the site. If Council is Inclined to deny the rezoning, It may make sense to approve the sale of Christmas trees at the site under the finding that such seasonal sales do not sufficiently constitute an intensification of a lawful non -conforming use. C. STAFF RECOMMENDATION: Staff has no clear cut recommendation on this matter; however, we would recommend that the City Council attempt to analyze the question, not from a political standpoint, but from a pure planning standpoint. In other words, try to protond as though you're drawing up the zoning map boundaries for the first time. if you were drawing the map boundaries for the first time, would it make sense to include a small B-1 district at this location as proposed? If you can honestly say that it would make sense to have a B-1 district with the uses listed as proposed as part of your initial zoning map, then the ordinance amendment should be adopted. If, on the other hand, it is your view that it makes sense to start with the whole area being a residential district, then perhaps the proposed ordinance amendment should not be adopted. D. SUPPORTING DATA: Copy of the B-1 zoning district regulations; Site area map; Copy of proposed ordinance amendment; Past City Council minutes. CHAPTER 11 "B-1" NEIGHBORHOOD BUSINESS DISTRICT SECTION: 11-1: Purpose 11-2: Permitted Uses 11-3: Permitted Accessory Uses 11-4: Conditional Uses 11-1: PURPOSE: The purpose of the B-1, neighborhood business, district is to provide for the establishment of local centers for convenient, limited office, retail, or service outlets which deal directly with the customer for whom the goods or services are furnished. These centers are to provide services and goods only for the surrounding neighborhoods and are not intended to draw customers from the entire community. 11-2: PERMITTED USES: The following are permitted uses in a B-1 district: (A] Barber shops [B) Beauty parlors [C] Essential services o?] Convenience grocery stores (not supermarket type) [E] Laundromat, self-service washing and drying 11-3: PERMITTED ACCESSORY USES: The following are permitted accessory uses in a B-1 district: (A] Commercial or business buildings and structures for a use accessory to the principal use, but such use shall not exceed thirty (30) percent of the gross floor space of the principal use. r (B] Off-street parking as regulated by Chapter 3, Section 5, of this ordinance but not including semi -trailer trucks. [C] Off-street loading as regulated by Chapter 3, Section 6, of this ordinance. 11-4: CONDITIONAL USES: The following are conditional uses in a B-1 district: (Requires a conditional use permit based upon procedures set forth in and regulated by Chapter 22 of this ordinance.) (A) Governmental and public utility buildings and structures necessary for the health, safety, and general welfare of the community provided that: MnNTTf RT.i.n 7.QNT"r' nonrr "n V 11/ l 1. Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met. 2. Equipment is completely enclosed in a permanent structure with no outside storage. 3. Adequate screening and landscaping from neighboring residential districts is provided in accordance with Chapter 3, Section 2, of this ordinance. 4. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [8] Professional and commercial (leased) offices provided that: 1. The services which are provided are for the local area rather than the community or region. 2. The traffic generated will not raise traffic volumes beyond the capacity of the surrounding area. 3. The architectural appearance of- the building housing the office use shall reflect the building character of the area and shall not be sc. dissimilar as to cause impairment of property values or constitute a blighting influence within the neighborhood. 4. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [C] Commercial planned unit development as regulated by Chapter 20 of this ordinance. MONTICELLO ZONING ORDINANCE Consideration of a request to rezone Lot 1, Block 4, River Terrace, also known as West Side Market, from R-1 (single family) zoning district designation tB-1 (neighborhood business). APPLICANTS: Tom Holthaus & Matt Holker V ORDINANCE AMENDMENT NO. THE CITY COUNCIL OF MONTICELLO, MINNESOTA, HEREBY ORDAINS THAT THE OFFICIAL ZONING MAP BE AMENDED AS FOLLOWS: Rezoning of Lot 1, Block 4, River Terrace, also known as West Side Market, from R-1 (single family) to B-1 (neighborhood business). Adopted this 15th day of October, 1991. City Administrator 1 Mayor Council Minutes - 1/26/87 0)® 7. Consideration of an Application for a Conditional Use Permit to Dispense Automotive Fuel Incidental to a Principal Use. At the January 13 Planning Commission meeting, the Planning Commission recommended that the Council grant approval to the issuance of a conditional use permit for the purpose of allowing dispensing of automotive fuel incidental to a principal use, namely, a convenience store. A convenience store was proposed by Mr. Tom Holthaus at the old site of Charlie's West Liquor Lounge/Supper Club. The site in question existed as a legal non -conforming use grandfathered in when annexation occurred, and City ordinances do allow that this non -conforming use could be lessened by converting the structure to a convenience store. The conditional use permit was required not for the convenience store principal use, but to allow for dispensing of automotive fuel as part of the new use. At the public hearing held before the Planning Commission, substantial public opposition was expressed concerning lighting, increased traffic, and increased child pedestrian traffic because of its location near an elementary school. The Planning Commission, after conclusion of the public hearing, recommended the approval of a conditional use permit for dispensing of motor fuel* be allowed provided certain conditions were attached, including a detailed landscaping and screening plan, hard surfacing of the parking lot area with proper curb and gutter, a maximum of four fuel dispensing pumps be allowed, no dispensing of fuels for trucks exceeding one ton, and hours of operation not to exceed 5 a.m. to 11 p.m. daily. Prior to the City Council meeting, area residents opposed to the development submitted a petition to the Environmental Quality Board requosting that an Environmental Assossment Workohoet be completed on this project. The petitioners indicated they felt the project may have a significant harmful affect on the environment through runoff, leakage, spillage, seepago or other forms of transfer of contaminants from this project to the Mississippi River. The City of Monticello was notified by the Environmental Quality Board that the petition was received, and the Board named the City of Monticello as the Responsible Governmental Unit. The Responsible Governmental Unit has the requirement of evaluating the petition to determine if the necessary evidence wan presented that demonstrates the project may have potential for significant environmental effects. City Administrator Eidom informed the Council that at this meeting the issue of the conditional use request for dispensing of motor fuels should not be considered at this time, but the main responsibility of the Council would be to decide whether enough evidence was presented by the petitioners to require an Environmental Assessment Workahoot: or if not, the petition should be rejected. Mr. Eidam noted that if the Council's decision was to reject the petition, the conditional use request should be tabled for approximately 30 days to allow for any party to appeal the Council's docision. Council Minutes - 1/26/87 0 Mr. Tom Holthaus briefly explained to the Council the proposed development ®� and a representative from Bennett petroleum Company briefly explained to the Council how fuel tanks would be installed at the project. The representative noted that many new safety features are incorporated into underground storage tanks and that the State regulates the type of tanks that can be installed in certain soil conditions. Mr. Bennett noted that the area in question is quite sandy and very suitable for this type of installation and that new methods such as double wall construction and leak detectors, along with monitoring wells, can be installed as extra precautions. In addition, he noted that the tanks now being installed are epoxy coated and rust protected and monitored by a cathodic system which indicates whether or not rusting is occurring in a tank. Mr. Myron Haldy, representing the petitioners, again voted their opinion that possible environmental hazards could occur with the site located near the Mississippi River. Mr. Haldy also noted that previous Council action has been to turn down requests for multiple housing in R-1 zones and felt that a gas station which is normally required in a B-3 commercial zone should, therefore, not be considered anywhere close to a conforming use in a residential area. Mr. Haldy also referred to two other recent spills or leaks within the city and felt that the risk was too great to allow additional underground storage tanks. Mayor Grimsmo questioned which two other leaks had occurred, and it was determined that actual tank leakage had not been determined but that a Standard Station in downtown Monticello had some contaminated soil from 20-30 years worth of ground surface spillage. The second site noted was the now F-iro Hall site, which did have come contaminated soil that was removed prior to the Fire Hall construction. This contamination woo also probably caused from years of use as a bulk oil storage tacillty. Councilmomber Bill Fair also noted that previous Council action to deny multiple family housing In an R-1 zone involved a vacant piece of property and did not have to contend with an existing non -conforming use that is being altered as in this cane. Councilmomber Fran Fair acknowledged the concerns of the petitioners but questioned whether the City Council should be requiring a developer to prepare on EAw for a project when other similar projects have occurred and had never boon required to prepare an EAw. Councilmomber Bill Fair noted that he did not feel this project could be considered any more dangerous because of this location than any other similar type project in Monticol.lo. He noted that almost the entire City drains eventually into the Miastedippi River and didn't fool the site location in question is anymore unique than any other area within the City. He also notod that the petition refers to mainly speculations about possible hazards that could occur because of the development and that no real hard facts are presented to indicate this project is unique. Councilmomber Blonigon and Fran Fair, based on the information presented, agreed that the petition did not merit an EAw. Councilmembor warren Smith noted that the Council should consider the petition seriously but also agreed that he could not find any proof submitted by the petitioners that this project is unique and will cause environmental hazards or that the noise levels, traffic, or any other concerns would justify an EAw in this development. Mayor Grimsmo concurred .g. c®p Council Minutes - 1/26/87 N0 with other Council members and noted that traffic volume in the area shouldn't increase because of the convenience store being located there over a lounge/tavern or even additional single family housing. He noted that the potential users of a convenience store would probably be local residents in that area and that the traffic shouldn't increase because of customers from other areas. After thoroughly discussing the petition received, motion was made by Bill Fair, seconded by Dan Blonigen, and unanimously carried to deny the petition on the grounds that the petition failed to present material evidence that would demonstrate because of its nature or location of the project that the project has potential for significant environmental effects. The petition concerning the environmental effects was highly speculative, did not demonstrate how or why the nature or location of this project was unique to consider the provisions of an Environmental Assessment Worksheet, and that the EPA and State Fire Marshal regulate tank installation which should mitigate any potential significant environmontal effects. In addition, a motion was made by Bill Fair, eoconded by Fran Fair, and unanimously carried to continue the conditional use request for the dispensing of automotive fuels until March 23, 1987, Council meeting to allow for 30 day period for an appeal to be filed in District Court portaining to this project. 9 Council Minutes - 3/23/87 /1 frOA� 7. Consideration of Granting a Conditional Use for the Operation of a Convenience Store and the Dispensing of Motor Fuels Incidental to that Convenience Store. Applicant, Thomas Holthaus. On January 13, the Planning Commission recommended that the City Council grant approval to the issuance of a conditional use permit for the purpose of dispensing automotive fuel incidental to a principal use, namely, a convenience store at the former Charlie's West Supper Club on County Road 75. Additional conditions that -ere attached by the Planning Commission included 1) a detailed landscaping/screening plan would be required prior to a building permit being issued; 2) a full hard surfaced parking lot with proper curb and gutter and sidewalks would be required; 3) prior to granting a certificate of occupancy, money would be required in escrow to guarantee the full completion of any landscaping, screening, and parking not yet completed; 4) the hours of operation would not exceed 5 a.m. to 11 p.m. daily; 5) only four fuel dispensing pumps would be allowed; 6) the dispensing of motor fuels would not be allowed for automobiles and trucks over one ton. The City Council on January 26, 1987, was presented with a petition calling for an environmental assessment worksheet from the neighboring residents on this project. The City Council at that meeting officially denied the petition stating that an EAW would not be required. In order to allow for the filing in District Court of any appeals an the Council's decision not to require an EAW, the public hearing was continued until March 23, 1987. Administrator Eidem noted to the Council that the Court Administrator in Buffalo indicated that no appeal had been filed and thus the City Council was able to consider the conditional use request. In reviewing the proposed development plan for the convenience store and gas station, the Wright County Highway Engineer, Wayne Fingalson, noted that problems existed with the driveway entrances off of County Road 75 into the davolopmont as proposed. The County Highway Department's main concern was that the proposed westerly driveway would be located only 75 feat from the entrance of the existing Otter Crook Road and would cause traffic problems. In addition, the County Engineer indicated that a right turn lane on County Road 75 would be required into this development, as it would generate more than 40 vehicles per day. Administrator Eidem noted that Otter Crack Road currently connects to County Road 75 at an angle, and the road could be realigned to a 90 degree angle which would provide 90 feat between Otter Creak Road and the entrance into the convaniance store. This footage would be acceptable by the County, but the proposed realignment of Otter Crook Road would cost approximately 57,000, which the County would not help pay for. Although the developer, Tom Holthaus, did not Cfeel the realignment of Otter Creek Road should be their responsibility, they did indicate a villingnass to share in the realignment cost of 87,000 in an effort to avoid redeveloping their site plan. It was estimated by the City Engineer that the establishment of a right turn lane would cost approximately 32,000, which should be entirely borne by the developers, as it is an access to their property. Council Minutes - 3/23/87 As a result of the above discussion, motion was made by Bill Fair, seconded by Fran Fair, and unanimously carried to approve the issuance of a conditional use permit for the dispensing of motor fuels provided the six conditions recommended by the Planning Commission were adhered to and that the developers pay 50 percent of the r9alignaent of otter Creek Road cost and all of the right turn lane cost into the development. The total estimated cost to the developer would be $5,500, and their share would be paid to the City with terms to be negotiated with City staff. 0 Council Minutes - 3/12/90 40. 10� Consideration of request to rezone R-1 (single familv residential) to PZM (performance zone mixed). Applicants. Tom Holthaus. Matt Holker, and Steve HolkPr. owners of West Side Market. Assistant Administrator O'Neill reviewed the planning case and informed Council of Planning Commission's recommendation that the rezoning request be denied based or. the Planning Commission's view that the request was inconsistent with the comprehensive plan, the added traffic created by the development will negatively impact the area as an R-1 or residential zone, a PZM (high density residential/ limited commercial zone) imbedded in an R-1 zone is not consistent with the character of the R-1 zone, allowing an R-1 zone to be rezoned to PZM would set a poor precedent and constitute spot zoning, and the applicant failed to demonstrate that a need exists for the rezoning. Shirley Anderson indicated her opposition to the development of a car wash in the area; however, she could accept a concept of a deli being developed at the site. Mayor Maus noted his concern over the definition of a deli. In this particular instance, the developers are proposing to develop an addition with booths seating 20-30 people. A case could be made that what's being proposed is not really a deli but something more akin to a restaurant. Fran Fair asked the developers if they could divide the property and sell off a portion of it for housing. Tom Holthaus stated that that option does not seem feasible, as it is a bad spot for housing. Holthaus noted that most of the homes along Highway 75 do not sell as fast as other homes. Ed Solberg of 1204 Sandy Lane indicated his opposition to the proposed rezoning. Solberg reminded Council that in 1987 Council allowed a restaurant/supper club to be changed to a convenience store under the logic that a convenience store is less non -conforming than the supper club. Solberg went on to say that the developers know the rules regarding the zoning in the area and that the rules should not be changed. In fact, the R-1 rules were kept in place in 1987 to prohibit this very request. Tom Holthaus stated his support for the rezoning. He noted that there has always been a business use at this location. He also noted that there are other PZM zones in the city with similar characteristics to this area. Holthaus noted that the property has boon taxed commercially. Finally, Holthaus mentioned that the facility will draw a business from existing traffic associated with the NSP center, the elementary school, Riverside Terrace Park, and the neighborhood. The business will not create traffic from outside and will benefit only from traffic that already exists. Holthaus also went on to describe the operation of the doll. He noted that it will not be a restaurant with food cooked on the site; however, fresh sandwiches and pizza will be served. OG Council Minutes - 3/12/90 Diane Peters noted that three years ago the residents were led to believe that this convenience store would be the only commercial development allowed on the corner. She went on to note that some of the landscaping requirements have not been kept, and the screening fence was not painted. Steve Johnson spoke to the issue and noted that in 1987 the City Council made the best of a bad situation when they allowed the convenience store to be developed in replacement of the supper club. It was a logical decision that the Council made at that time, as they opted for the lesser of two evils. Johnson went on to note that the developers knew full well what to expect regarding the use of that land. Johnson went on to state that the PZM zoning is not appropriate in this area, as it was not intended to be a transitional zone from a business district and a residential district. In summary, Johnson concurred with the Planning Commission's recommendation on this matter. Ken Maus asked if the landscaping plan was completed. Gary Anderson responded by saying that the screening was put in place as requested. Some of the trees originally planted may have died due to drought conditions. Anderson also noted that the screening fence along the eastern border of the property was not installed at the request of the adjoining property owner. Fran Fair noted that it was her recollection that the original decision was intended to allow a convenience store as a lesser of two evils. It was her view that the intent was not to create a business zone. Fran Fair was opposed to the concept of rezoning this site, as it would constitute spot zoning. Shirley Andorson concurred with this view. Dan Blonigen noted that there is a considerable amount of property at this site that will be unusable if the Council is not flexible on this matter. Blonigen noted that conditions change and that the City needs to be willing to modify its zoning accordingly. warren Smith agreed with Shirley Anderson that a car wash is not appropriate at this site. In terms of the deli, he might be for it depending on the nature of the deli. He also agrees with Dan that the best use of the land might be for commercial use; however, he did note that it is important that the Council be consistent with the decision made three years ago. At that time, it was intended that this convenience store be allowed to develop in an R-1 district on a limited basis with no further expansion contemplated; therefore, warren Smith was not in favor of the zoning amendment. ON Council Minutes - 3/12/90 After discussion, motion was made by Dan Blonigen to rezone the property to B-1 which would allow convenience stores, laundromats, beauty parlors, barber shops to operate in a neighborhood commercial zone. Motion seconded by Shirley Anderson. During the discussion, Warren Smith again noted that the intent at the time that the convenience store was developed was to not allow further development. That is why the land wasn't rezoned at that time. Fran Fair agreed with Warren Smith's recollection of the events in 1987. Voting in favor of the motion: Dan Blonigen, Shirley Anderson. Opposed: Ren Maus, Warren Smith, Fran Fair. Motion fails. Motion was then made by Warren Smith, seconded by Fran Fair, to deny the rezoning request based on the finding that the rezoning is inconsistent with the comprehensive plan because the comprehensive plan discourages commercial development in residential areas, the added traffic created by the development will negatively impact the area as an R-1 or residential zone, a PZM (high density residential/limited commercial) zone imbedded in an R-1 zone is not consistent with the character of the R-1 zone, allowing an R-1 area to be rezoned to PZM would set a poor precedent and would constitute spot zoning, and the applicant failed to demonstrate that a need exists for the rezoning. Voting in favor of the motion: Shirley Anderson, Ren Maus, Fran Fair, Warren Smith. Opposed: Dan Blonigen. 9 Council Minutes - 10/22/90 S. Consideration of interpretation of enlarqement of non- conforminq use as it applies to tree sales at the West Side Market and allowinq staff to issue administrative permit. Assistant Administrator O'Neill requested that Council review the intent of portions of the City Ordinance limiting enlargement of a non -conforming use and then determine whether or not selling Christmas trees at the West Side Market constitutes an enlargement of an existing use, or is the sale of trees merely incidental to the convenience store operation and, therefore, allowable. O'Neill reported that the property owners wish to sell Christmas trees at the site for a four- week period and that Council action is requested prior to Planning Commission review because trees cannot be ordered in time for both Planning Commission and Council to review this matter. O'Neill noted to Council that the City Planner, John Uban, recommended that Council make a finding that the operation of a Christmas tree sales area does not constitute an enlargement of a non -conforming use. O'Neill also reported that Uban did not support an ordinance amendment because the precedent established by ordinance may haunt the City later even if the amendment is specifically designed to address this specific situation. O'Neill noted his concern that the Planning Commission and local residents might react negatively to Council action on this matter without a public review process. At the same time, he noted that there have been no complaints regarding the tree sale operation; therefore, allowing tree sales to occur here may not alienate the neighborhood. Shirley Anderson did not like the idea of making an interpretation of the ordinance without first consulting with the Planning Commission and without hearing comments from the public. At the same time, however, she did not want to see the property owners lose the opportunity to sell Christmas trees this year. Ken Maus asked Gary Anderson if the property owners had met all conditions associated with the permit they now have to operate. Gary Anderson noted that the screening requirement has been satisfied; however, maintenance of the fence is still an issue, as it needs painting or staining in certain areas. Warren Smith supported the concept of allowing the Christmas tree sales to occur in 1990, as it was his view that four weeks of Christmas tree sales at the convenience store did not constitute an enlargement of the non -conforming use. Dan Slonigon concurred that the tree sales should be allowed ^ to occur. (9 Council Minutes - 10/22/90 After discussion, motion was made by Shirley Anderson, seconded by Dan Blonigen, to approve the granting of am administrative permit allowing Christmas tree sales to occur at this site based on the preliminary finding that Christmas tree sale activity does not constitute an enlargement of at non -conforming use, preliminary finding to be tested and reviewed by the Planning Commission via the normal public hearing process and placed before Council prior to issuance of administrative permits allowing future tree sales to occur m the West Side Market. Motion carried unanimously. On a related matter, Council reviewed the terms associated with the administrative permit to be granted to the West SidqB Market to allow Christmas tree sales. The following conditions are to be included in the permit: 1. Sufficient parking shall be available for existing business use and parking -associated with tree sal43 Use. 2. All tree sales must be conducted outside of county road right-of-way. 3. Tree sales area shall be fenced, and all unsolcl trees shall be removed by January 15, 1991. 4. No additional seasonal outside sale activity shall be allowed at the site without rezoning fro= residential to business classification. S. Area of tree inventory and storage shall be limited to an area equal to 1,000 aq ft. Council Agenda - 10/15/91 Review of pilot study program and consideration of resident optional cart system qarbaqe pickup. (J.S.) REFERENCE AND BACKGROUND: In May of this year, the City Council authorized a pilot program for garbage pickup utilizing the roll -around cart system in a section of the community. Vasko Rubbish of St. Cloud, our garbage hauler, agreed to do a three-month pilot study at no cost to the City, as they were interested in utilizing the carts in the future for other customers. tarn, Inc., a cart supplier, agreed to furnish us approximately 222 carts and furnish and install two cart tippers on Vasko trucks at no cost for a three-month pilot study. Vasko recommended that we use the westerly subdivisions of Par West, Anders Wilhelm, Balboul Estates, and The Meadows for our study area. Residents were contacted via a letter and self- addressed postcard system to inform them about the program and asked them if they preferred a 65- or 95 -gallon cart. Approximately eight residents in the study area requested that they not be part of the pilot program, as they were frequently gone and usually put out only one bag of garbage per week. Delivery of the carts went quite smoothly; and with 199 residential units in our study group, the first pickup was July 15. Prior to the start of the program, Vasko's time was recorded upon entering the area and leaving the area. The average time for picking up the garbage in the study area prior to the start of the program was i hour 55 minutes. After the program had been well underway and some problems with the cart tippers were remedied, Vasko's average time in the study area using the cart system was 2 hours 5 minutes. After a three-month study period, we sent letters and questionnaires to all those residents in the pilot program and interviewed Vasko's employees and met with Matt Pfiugi of Vasko. Mr. Pflugi indicated that he would be willing to continue with a resident optional cart system in Monticello with no contract Increase. He would purchase and install his own cart tippers at no cost to the City, as he intends to use this system with his other customers. He asked only 1) that we request that residents with one bag of garbage or loss per week be deterred from selecting the cart option; 2) that we phase in use of the carts rather than switch the entire community at once; and 3) that we require all residents not using the carts to use no larger than 33 -gallon containers and that all containers have sturdy handles. This is in our existing contract with Vasko but needs enforcement. Council Agenda - 10/15/91 Mr. Pflugi felt that if this was done, times for the two systems would be very similar. workers had indicated a preference for the cart system due to the heavy lifting which is often involved using the standard can system, especially during periods of wet weather. Mr. Pflugi Indicates that the cart system would actually be faster in the latter p9rt of the day, as the workers would not be as tired. It is also expected that this would reduce back injuries. For the City, the advantages of a cart system are enhancement of the neighborhoods; because of the hinged cover, there is less litter; and the carts offer security against rodents and animals. In addition, the containers keep out rain and snow and should have a positive effect on the amount of garbage (by weight) hauled to the landfill or composting facility. The results of the questionnaires sent to the residents in the study program are interesting. Seventy-five percent (75%) of the residents in the study group responded to our questionnaire. Fifty-four percent (549) of the entire study group, a slight majority, favor the cart rental system and wish to continue with it (this is assuming all non -responders to the questionnaire as negative). Those willing to continue would do so at a rental rate of $1.00 per month for the 65 - gallon containers and $1.25 per month for the 95 -gallon containers. Sixty-eight percent (688) of those wishing to continue want the larger carts, and 308 want the smaller ones. It is interesting to note that of all the respondents to our questionnaire both negative and positive, 79% felt the cart system was an improvement over the old system, Bit said it enhanced the look of the neighborhood, and 92% said they were satisfied with Vasko's service. A few respondents did not answer all of the questions. In summary, slightly over half of the residents in our study area wish to continue with the cart system on a rental basis. Soventy-nine percent (79%) to eighty-one percent (81%) of the respondents, oven though soma did not wish to rent the carts at this time, considered the cart system an improvement over the old system that enhanced the look of the neighborhood. The actual individual numbers and positive and negative comments about the carts are enclosed for your review. If the City Council chooses to implement a resident optional cart system In Monticello, staff suggests the following guidelines: 10 Council Agenda - 10/15/91 The City would purchase up to 250 carts each year after receiving a significant number of requests from residents to utilize the cart system. Carts would be available each year on a first come/first serve basis, and this wrould ensure that the system is implemented over a period of time and also better control the budget. The current cost for the carts at $53/$54 each respectively times the 222 carts on hand would be $11,909. Approximately half of the carts are spoken for at this time. The remaining carts could be held for other residents on a first come/first serve basis, or Vasko would purchase all of the spare 65 -gallon carts, leaving us with about 70 of the larger carts available to residents. The City would rent the carts to residents for $1.00 a month for the 65 -gallon and $1.25 per month for the 95 -gallon cart. The bill would be placed on the utility billing system and billed on a quarterly basis. These rates allow the City to recapture the cost of the cart within 43 to 54 months and provide a full parts warranty or replacement. The cart3 come with a five-year pro- rated warranty, and the funds recovered from the above rental rates after the initial payback period will allow us to cover the cost of tracking, billing, and parts replacement. The rental system is preferred, as carte would be kept in a good state of repair, and the City could easier make changes in the system as the cart owner. Also, not every resident wishes to own a cart, especially rental housing units. Once a resident selects either a 65 -gallon or 95 - gallon cart, they mny switch sues when the stock of replacement carts or work load allows us to do SO. There would be a minimum $5.00 charge for switching sizes to allow for delivery of the cart and for changing the serial number in the computer. 4. All residents using the carts will be required to place them at curb -lido no earlier than the evening before pickup, and they must be removed from curb- side within 24 hours after pickup. Containers shall be kept in garages or near the home. The City will replace any stolen carts free of charge to the residents after the resident has filed an official report of the theft with the M Council Agenda - 10/15/91 Sheriff's Department. The City will also replace any cart free of charge to the resident that is damaged beyond serviceability by the City's garbage hauler. Residents will be charged for cart repairs or replacement only when the damage is considered beyond normal wear and tear such as the resident running over his/her own container or placing hot materials in the container such as hot ashes, etc., which cause a fire. Although the anticipated cart rental rates of $1.00 and $1.25 appear to be stable for the foreseeable future, City Council reserves the right to raise the rates in the future when costs of the program increase due to increases in the cost of containers, overhead, warranty service or service, garbage pickup services, or regulatory agency requirements. The residents in the pilot study wishing to continue the program and residents signed up in 1991 shall receive free rent until January 1, 1992. This will give us time to gear up the tracking and billing system. Software adjustments are expected to cost $200. Staff time for setup has not been estimated. The above general guidelines will be developed into a more formai handout and guide for residents should the Council approve the program. It is my opinion that if the program is approved, a very high percentage of the residents will switch to the cart system over the next few years as their existing garbage containers wear out and need replacement and they see the benefits of the container system. Should the Cily Council determine not to continue with the program, our only cost would be for picking up the carts and cleaning them for return to tarn. B. ALTERNATIVE ACTIONS: 1. The first alternative is for the Council to approve a resident optional cart system for the City, authorizing purchase of the 222 carts from tarn for a cost of r�P $11,909. we would then pick up the carts on October 21 from those residents not wishing to continue, clean them, and make them available for other city residents. 2. The second alternative would be for the Council to approve the resident optional cart system with the guidelines as outlined above and to purchase the 222 12 Council Agenda - 10/15/91 carts from Zarn at a cost of $11,909 and to sell approximately 40, 65 -gallon carts to Vasko at a price of $2,120, lowering our cost to $9,789. This would leave us with about 70, 95 -gallon carts available for other city residents. The third alternative would be not to implement or approve a resident optional cart system for the city of Monticello. In this case, the City crew would pick up all of the garbage containers on October 21 and clean them for shipment back to Zarn. The fourth alternative could be to approve the resident optional cart system but to modify the operational guidelines as seen fit by the City Council. Such changes could be selling carts to residents with warranty available from the manufacturer, rent -to -own and at 60 months the residents own the cart, or providing carts free or at a reduced fee. STAFF RECOMMENDATION: It is the recommendation of the City Administrator and Public Works Director that the City Council approve the resident optional cart system as outlined in alternative Y1. Since it is optional, only those residents wishing to utilize this system will pay for it. And since they are not paying for additional service but merely a garbage container, the actual cost may be very similar to what they are currently paying for existing containers, especially households with two or three cans. The benefits of this system will be shared by the individual residents and neighborhoods, the city at large, and Vasko Rubbish, Inc. and its workers. I consider this System another tool to control rising refuse collection and disposal costs. Our programs involving solid waste at under $9 per month per household aro among the lowest In the state, and I would like to keep it that way. D. SUPPORTING DATA: Copy of the study report and comments from individuals. It should be noted that it is anticipated that representatives from Zarn, Inc., the cart manufacturer; ABM Equipment, a local distributor for the carts; and Vasko Rubbish, the City's waste haulor, will be present at Tuesday evening's meeting. 13 PILOT PROGRAM STUDY CART GARBAGE PICKUP JULY THROUGH SEPTEMBER 1991 Number of residential units in the study: 199 Percent of units responding to questionnaire: 75% Percent of units wishing to continue the system: 54% RESPONSES Based on 75 % of study group (Those responding to questionnaire) 1. Was the cart an improvement over the old system? 79 % YES 15 % NO 2. Did it enhance the look of the neighborhood? 61 % YES 14 % NO 3. Were you satisfied with Vasko's service? 92 % YES 3 % NO P 4. Was the cart large enough or too large? 72 % LARGE ENOUGH 21 % TOO LARGE The followinq questions are based on 100% of study group.* 5. 37 % wishing to continue 95 -gallon container @ $1.25. 6. 16 % wishing to continue 65 -gallon container @ $1.00. 7. 46 % wishing not to continue with cart system. • Includes non -responders as negative. Typical Positive Comments: 1. I like the garbage security of the cart --no worry about dogs or crows spreading it around. 2. Tho cart system prevents cans and garbage from rolling all over the neighborhood. 3. There was always garbage blowing all over our neighborhood. This has boon a wonderful improvement. 4. It is very convenient having the cart. 5. I think thoy'ro groat and easy to move around. 6. I found the carts very effective. I recommend that Monticello continuo the system. 7. Great system. Pleaso continue. 8. I think it's a good system if tho carte hold up. U Pilot Program Study Cart Garbage Pickup Page 2 9. We wish to have It mandatory to have the cart service for everyone. Garbage bags 6 cans that break or blow over lets other's garbage into everyone else's yards. 10. It really makes the streets look better on garbage day. 11. Easy to move. 12. Much neater s easier to do than 2-3 of our own cans. 13. We love our cart --don't take it away! 14. Keep up the good work and use this system. Typical Neqative Comments: 1. Too big for needs. 2. Occasionally carts are too small. 3. For my needs, a smaller cart would have been more practical. 4. The cans were too large to fit into garages, so some people left them outside, thus making them eyesores. 5. As a single resident, I produce very little garbage and found the cart to be unnecessary. 6. I may reconsider using the system if a smaller container were offered. 7. The cart is difficult to bring to the street. B. It is ridiculous to pay for a cart when I've already got cans that work the same. It's just as easy to take out 1, 2, or 3 cans than one huge clumsy thing every time. The wheels don't really make a difference; it's so big it's hard to maneuver anyway. 9. We liked the service a lot but do not want to pay for the cart forever! 10. Nice cart, but we don't feel it is worth paying for when we already have our own garbage cans that we bought. 11. I can provide my own cans for 51.25/month. I was under the Impression the cart program would save Vaeko time 6 money, not cost the consumer more. 12. I really miss our 2 -day service. I would appreciate getting it back soon! Higher costs, less service! 13. We presently own a garbage cart with two cans b find this adequate. 14. Most townhome owners did not like the big cart. 0 Council Agenda - 10/15/91 s. Consideration of a resolution prohibiting construction of Privately -owned wastewater treatment facilities for multiple residential developments. (R.W.) REFERENCE AND BACKGROUND: The City Council is being asked to adopt a resolution that clarifies the City's position in regard to allowing or prohibiting construction and/or expansion of privately -owned wastewater treatment facilities that service multiple family residential developments and/or mobile home park communities. This topic does not necessarily pertain to individual single family private sewer systems but relates to the development of wastewater treatment facilities with larger volumes that require Minnesota Pollution Control Agency disposal system permits. When the PCA receives an application from a private individual or company to construct a private treatment facility within a city, a permit will not be issued by the PCA if the city opposes construction of private facilities and the city has its own wastewater treatment facilities that are capable of servicing the property. Kjellbergs East Mobile Home Park, which was annexed into the city in 1988, continues to have a non -conforming wastewater treatment system. The PCA has been corresponding with Mr. Kjollborg since 1988 in an effort to alleviate his non -conforming system by connection to the city sewer system. It appears at this point, Mr. Kjeliberg will be requesting an on-site disposal permit from the PCA rather than connecting to the city system. The PCA has requested the City's position in regard to this permit application and whether the City will allow or oppose Mr. Kjellborg's attempt to upgrade his oast park system. As I'm sure you're aware, Mr. Kjollbe rg has indicated he will be attempting to connect the west mobilo home park to the city sewer system rather than seeking a PCA permit to create his own on-sito system. The west mobile home park is currently in Monticello Township; but in January of 1991, the City Council and Monticello Township Board agreed to allow annexation to occur for the west mobile home park upon his connection to the city sewer system. The deadline for construction is December 31, 1991, and indicationo aro that Mr. Kjollborg is proceeding with plans to connect by the end of the year. As far as the PCA is concerned, both the oast and west parks are In non-compllance; and on October 2, 1991, the PCA informed Mr. Kjollborg that both mobile home parks must be connected by the end of the year. 14 Council Agenda - 10/15/91 Since annexation of the east mobile home park in 1988, Mr. Kjellberg has been attempting to develop the Evergreens residential subdivision plat located north of the east mobile home park. As part of the Evergreens development agreement, Mr. Kjellberg had agreed to connect the east park to the city sewer system as part of the second phase development of the Evergreens, which would have had the sewer reasonably close to the mobile home park, at which time he could have connected with a force main. Since 1988 nothing has happened in the Evergreens, and Mr. Kjellberg would like to continue to wait until the residential development occurs before connecting the east mobile home park. With no time table specified, it is anyone's guess as to when this may occur, and the question now becomes whether the City of Monticello should support an upgrading of the on-site system in the east park or require the park to be connected to the city sewer. Our ordinances require that before any private system is developed, the property owner must petition for connection to the city sewer system, and the City Council can determine whether or not it is feasible before allowing a private system to be constructed or enlarged. It may be debatable whether connection is feasible, but it would seem reasonable to assume that if Mr. Kjellberg can connect the west mobile home park through a force main system, the east park could also be connected in a similar manner. The east park is just as close or closer to our present system than the west park is, and Mr. Kjellberg has indicated he will be connecting the west mobile home park. When the City applied for and received federal grant money to upgrade our wastewater treatment plant, our facilities planning report prepared by our engineer indicated that our wastewater treatment plant would have the ability and capacity to service the entire orderly annexation area, which includes both mobilo home park developments. Since the east mobile home park has been annexed in 1988, it does not seem reasonable to now allow the oast park to develop its own sewer system, even if Mr. Kjollberg is willing to meet PCA standards. I think we all thought that the east mobile home park would have boon connected to the city prior to 1991, and I believe it would be Important for the City to take a position that we will not allow any private system to be upgraded when it is feasible to connect to the city. Mr. Kjellberg did do some modifications to his treatment facility in the oast park after he was annexed to the city without receiving City approval or PCA approval, and the PCA at that time decided not to pursue the issue, as they also thought the connection would have taken place by the end of 1989. included in the agenda as supporting data you will find copies of correspondence that has occurred with Mr. Kjollberg 15 Council Agenda - 10/15/91 since 1988. I have attempted to provide a summary of the correspondence that highlights the major points of each letter. Over the past few years, the City has been critical of the PCA's handling of the Kjellberg's non-compliance systems enforcement, and the PCA is now asking for City support and our position in regard to their actions to abate these problems. The PCA is willing to pursue their efforts to require the mobile home parks to be connected to the city, but they are also looking for our support in their efforts. e. ALTERNATIVE ACTIONS: 1. Adopt a resolution which prohibits construction of privately -owned wastewater treatment facilities within the city for multiple/residential developments. By adopting this resolution, the City Council is clarifying its position that the City will not support development of private wastewater systems that require PCA permits when it is feasible to connect to the city system. 2. Do not adopt a resolution or establish a position. This would in effect allow the Minnesota Pollution Control Agency to take applications and issue permits for private wastewater treatment facilities within the city limits. C. STAFF RECOMMENDATION: As part of the annexation hearings in 1988, the City provided data that indicated connection of the east mobile home park was feasible for Mr. Kjellberg. The City attempted to cooperate and provided a number of concessions in an attempt to have the east park connected in a reasonable amount of time. While the staff understands Mr. Kjoliborg's desire to develop the Evergreens prior to connecting the oast mobilo home park, the City was under the assumption this would have occurred prior to 1991; and within our development agrooment, it is noted that if the PCA or federal regulatory agencies start any action against the east mobilo home park to force compliance, the oast park would have to be hooked up sooner. I think politically the City will lose credibility if it allows or supports expansion of an on -sato facility for tho mobilo home park after its main argument in the annoxation proceedings was that it had the ability and capacity to servo the annexed property through our system. Also, if the City 16 Council Agenda - 10/15/91 supports private systems to be developed, it may hamper our attempts to extend sewer lines in the future past these developments, as I'm sure the property owner will point to the fact that he has a PCA permit for his own system and is not interested in city sewer. Basically, the City and the PCA allowed the east mobile home park's non -conforming system to exist, as we assumed the problem would have been eliminated by now; but the staff feels the City should not support private Systems if it is feasible to connect to the city sewer. SUPPORTING DATA: Various PCA correspondence with Kjellberg (see summary provided); Resolution for adoption. Council Agenda - 10/15/91 SUMMARY OF SUPPORTING DATA 5/20/88: PCA letter to Kjellberg - Notice of east and west mobile home parks sewer treatment violations - PCA gave until 7/1/88 to abate discharge of untreated sewage. 7/6/88: PCA letter to Kjellberg - Acknowledging annexation of east trailer park - Noted PCA's position that east park should be hooked up to city sewer by end of 1988 - Also notified Kjellberg that west park had to be upgraded or hooked to city sewer. 4/14/89: PCA letter to City - Acknowledging proposed Evergreens development agreement and east park development agreement - Noted PCA's position that east park sewage system was not an approved system, no expansion of park allowed, and connection to city sewer must take place by end of 1989. 5/89: East mobile home park development agreement - City to require connection as part of phase II of Evergreens plat - Assumed to occur in 1989. 5/16/90: GSM's letter to PCA - Expressing concerns over design of west park sewer system if PCA permitted system instead of hooking up to city sewer (Note 06 --City facilities planning report prepared for EPA grant when our WWTP was upgraded stated that City would have capacity and ability to serve entire OAA area, including both Kjollberg mobile home parks). 1/25/91: PCA letter to Kjollberg - Notes 6/91 deadline for plans and specifications to connect west park to city sewer rather than upgrade on-site facility. 6/24/91: City letter to PCA - Noting no action by Kjellberg yet. 9/26/91: PCA lottor to Kjollberg - Noting non-compliance of oast and west parks and issuing a stipulation agreement (please review statement of facts --outlines events since 1988) . Kjollborg modified his oast park system without PCA permit - PCA did not contest contingent upon oast park being connected to city sewer by 10/31/89. 10/2/91: PCA lottor to Kjollborg - PCA requiring both oast and west parka to be hooked up to City by 121 - Noted that any attempt to got a permit to upgrade oast park system would require City of Monticello approval. Dq Minnesota Pollution Control Agency 520 Lafayette Road. Saint Paul, Minnesota 55155-3898 Q Telephone (6, 2) 296-6304 October 2. 1991 Mr. Kent Kent Kjellberg, President Kjellbergs, Inc. Highway 25 South Monticello, Minnesota 55362 Dear Mr. Kjellberg: RE: Kjellberg East and Vest Mobile Home Parks This letter serves as a follow-up to our telephone conversation on September 26, 1991. In that conversation you stated that your company would not negotiate or sign the stipulation agreement and that your company was moving forward with the connection of the Vest Park to the Monticello municipal system. Further, you stated that the company would then apply for a State Disposal System (SDS) permit for the East Park if the Agency provided you with an application. Minnesota Pollution Control Agency (MPCA) staff has reviewed the current system located at the East Park and have concluded that the existing facility is not permittable. This facility was installed only as a temporary measure vhile tthe company proceeded expeditiously with connection to the Monticello municipal facility. Therefore, plans and specifications must be submitted for approval in order for the facility to be upgraded, only after these requirements are completed and an application for permit is submitted, will a draft permit be put on public notice. Even if the facility is upgraded to meet MPCA approval, nothing prevents the city of Monticello from opposing the draft permit during the public notice period. It would be prudent at this tune to request r—he position of t«e city pith regard to your company's intentions to prevent any more delays. At this time it appears that Kjellberg's Incorporated is refusing to meet with MPCA staff to resolve the continued noncompliance. Staff has made every effort to sit down with your company and discuss all of the related issues only to be put off, thus adding to more delays. It appears that this most recent proposal for the East Park will add to further delays to resolving the ongoing noncompliance. Therefore, the MPCA again offers to meet with representatives from your company. Please contact us at once to set up a meeting whether by telephone conversation or in person to negotiate the terms and conditions of the agreement. Refusal to meet and discuss the issues will likely result in the MPCA staff seeking authorization to litigate from the MPCA Board at the MPCA Board October 22 meeting. Regional ONicos: Oulutn - Brainerm • Dolt,: - Lakes • Marsnall • Roeno%er /Q E=ai O000numry Emolover • P'mioc In ReC& iclen pacer Mr. Kenc &jellberg, President Page 2 As stated in earlier correspondence, it will be necessary to have a signed stipulation agreement by October 7, 1991; thus, time is of the essence. Please contact either Dick Clark at (612) 296-7751 or myself at (612) 296-7751 ediately to arrange the necessary negotiation meetings. od R. Eckberg Municipal Section Vater Quality Division TRE/ j mg cc: Rick Volfsteller, City of Monticello Richard P. Cool, Special Assistant Attorney General ED Ogg1&101 6�- ameter of the type approved by the City for such connection, and an allowance shall be mde toward the cost of such meter in an amount equal to the cost of residential meters. No connection of water or sewer service shall be made to any house or building unless the plumbing therein has been installed pursuant to the latest Minneapolis Plumbing Code, provided that this shall apply only to construction which has not been completed prior to this chapter. 7-2-3: PRIVATE SEWER AND WATER SYSTEMS: (A) Itshall be unlawful for any persons to install private water system or sewer system in the city except in such cases as the public water and sewer system are not accessible to the premises where such private systems are requested. To determine whether or not such public water and/or sewer systems are available for connection, each person desiring to install a private water or sewer system must first make application for connection to a public system. Upon resolution of the Council determining that it is not feasible to connect the applicant's premises to the public water or sewer system, then the applicant shall be granted a permit to install a private water and/or sewer system. (B) Where a private sewer system has been installed before the public sewer system was accessible to the premises served by said private system, connection of said premises to the public system must be made within thirty (30) days after such private system fails to function properly or within three (3) years after public system was accessible, whichever is sooner. It shall be unlawful to repair or pump a private system after such time as the public sewer system is accessible to the premises without written permission of the Water and Sewer Department for the City. (11/24/75, 04) 7-2-4: IMPLIED CONSENT TO RULES, REGULATIONS, AND RATES: Every person applying for water or sewer service, every owner of property for which any such application is made, every person accepting water or sewer services, and every owner of property where such service is accepted subsequent to the passage of this chapter shall be deemed upon making such application or accepting such service to consent to all rules, regulations, and rates as established by this chapter and as may hereafter be set forth and adopted by the Council by resolution or ordinance. 7-2-5: METER READINGS: (A) The City Council may provide a system of water motor reading by post card, meter man, or any other method deemed suitable to the purpose of the Council. The Council may also establish billing areas or districts and provide for the reading of motors and billing charges by calendar quarters or monthly quarters or such periodic intervals as tho Council shall determine suitable and necessary from time to time. MONTICELLO CITY ORDINANCE TITLE VII/Chet 2/Page 5 J 1000 Kjellberg's Park Monticello, MN 55362 September 23, 1991 Mr. Richard P. Cool Office of the Attorney General Public Resources SectionrSuite 200 520 lafayette Road St. Paul, 11: 55155 Dear Mr. Cool, I am in receipt of your letter dated September 23, 1991. It is our position, we do not have a problem in your interpretation of our alleged pollution problem. We are presently awaiting a permit frog MPCA to book up our Rjellberg's West Mobile Some Park to the City of Monticello sewer system. Upon receipt of such l permit we can start construction. It in our contention that construction cannot be started until we receive such permit. We havo made the necessary arrangements with the City to facilitate this hook up and have by agreement with them until December 15, 1941 to do so and be annexed into the City. In regards to the the East Park treatment system, Mr. Eckberg advised us we would be able to receive a permit to operate this system, which we are very interested in obtaining. However, there is a possibility we will be selling the land next to our East Mobile Home Park in which city sewer and water will be installed. Therefore, the hook up for those lines will be commenced. Therefore, we fail to sea any need for us to retain an attorney at this time no the City and oureelvoe have an agreement to hook up the sewer systems. Sineero�; Kant Blwllber Prweidon ►ke/53: A Member 01 The Kjellberp Group Since 1929 (612) 295.2931 Metro 3332231 Fax (612) 2952991 `�:-". STATE OF MI?\'h'ESOTA ,.. rcoac OFi7CE OF THE A770RVE1' GE\�.7tAL M%.Cv .•, : n.•. Hli11ERT H. FR?3PHREl', ID September 23, 1991 P n FACSIMILE TRANSMISSION Kjellberg's, Inc. ATTN: Kent P.jellberg, President Rim Rjellber; Eull, vice President 1000 Kjellberg's Park Monticello, 11N 55362 Deer Mr. Kjellberg and MS. Kjellberg Eull: I represent the Minnesota Pollution Control Agency (MPCA) and specifically its Water Quality Division. It is my understanding that Kjellberg's, Inc. has been notified by MPCA staff that a atipulation agreement will be needed to immediately resolve pollution problems at the Company's mobile home parka in Monticello. In regard to the matter of these pollution problems and the stipulation agreement, would you please immediately provide the name, mailing address and telephone number of the attorney who will represent the Company in this ratter, is an attornoy ha-. been or will be retained. Thank you in advance for your cooperation and timely response. Please call me at (612)296-772you have any questions regarding this request. ) n Qmah5 cc,8ckberg, !SPCA C Vbry/Eruly yo a, ( 3 D F . OOL 6 Sel Assistant Attorney General Environmental Protection Division Attorney for Minnesota Pollution Control Agency vam. - brarb tar V VitmMlal rtrortw � • w q' • / w.. Eaual Opponunny FTployer Pruusd on gseytled PW*r ...................................................................................... �..... X95• _o."? 1 L L : -1Pe I F'fjLLUT PnL1 031Il FOL 14&EIP 1' fql_ Minnesota Pollution Control Agency i 520 Lafayette Road, Saint Paul, Minnesota 55155.3898 i dJVAJ Telephone (612) 296- 6300 `7/11/ 9 i Mr . Kent Kjel.lberg, President Kj ellbergs Inc. Highway 25 Couch Monticello, Minnesota 55362 I Dear Mr. KJellborg: REL K.Jellberg East and Vest Mobile Maine Parks i Pursuant to discussions with Minnesota Pollution Control Agency (`PPCA) staff aLrJ the city of Monticello, KJellbergs Incorporated has failed to comply with ,the schedule of compliance as raferenced in the January 25, 1991, letter. In that letter it was agreed upon that your company would submit on or before Julie 1, 1991, the necessary information to proceed with connection to the city of Monticello's sanitary collection system. This date was further extended by the city of Monticello at your request to June 15, 1991. Minnesota Pollution Control Agency (MPGA) staff met with you on September 118, 1991, to discuss the progroan made by your company in connecting with the city of Monticello's collection system. As was discussed, the company has failed to meet the June 15. 1991 deadline for the submittal of plans and speeificutivus and to date, no approvable plans and specifications have been submitted. Therefore, due to the apparent disregard to the agreement and the continued noncompliance with Minnesota Rules and Statutes, the MPCA will proceed with a Stipulation Agreement. Please review the enclosed draft stipulation agreement. The agreement includes the following compliance datosL Retain and employ a professional engineering firm by October 1, 1991 Retain and employ a professional hydrologist by January 15, 1992 Submit approvable pinns and specifications for connection of the CAst slid Vest Park by October ll, 1991. Connect the East and Vest Parks to the city of Monticello by December 1, 1991 Submit a plan for abandonment of the old facility by January 1, 1991 The company should be already proceeding with the necessary measures to meet those dates. The above schedule is a confirmation of the schedule given to Kim KJ ellberg Bull on September 19, 1991. Ov O9•12e/91 11:25 "I POLLUT1011 0-4ITRC1. cY.E1YY @_i_ Mr. Kent K]ellberg, President Page 2 MPCA staff has attccpted contacting you on a number of occasions to arrange meeting to discuss the terms and conditions of the agreement. Signatures will be required on the agreement no later than October 1,:1991. After this date the MPCA along with the Attorney General's staff will request litigation authority from the MPCA Board. She continued avoidance to discuss this matter will be directly reflected in the manner the situation is resolved. Please contact either Dick Clark at (612) 296-8828 or 'myself at (612) 296-7151 to arrange the necessary negotiation meetings. i (�lllCX(�I 1 1 4 -V et wuurg Municipal Section i Vater quality Division TRE/jmg Enclosure cc: Rick Volfsteller, City of Monticello Richard P. Cool, Special Assistant Attorney General i 1f , { 0 ln`=7 ?i It: �., Pct F+DLLaTICOJ rstrFu- AGE/K,e QC,; DRAFT 9/24/92 STATE OF HIMIESOTA • PULLifrION CONTROL AGENCY In the Master of WATER QUALITY DIVISION BJellbetg's, Inc. STIPULATION AGREEMENT Monticello, Minnesota 1. RECITALS A. Parties. The parties to this Stipulation Agreement (Agreement) are the Minnesota Pollution Control Agency, hereinafter the "Agency," and Rjellberg's, Inc., hereinafter the "Company." B. Conpany Operations. The Company owns and operates two mobile home parks c ' located in Section 15, T121N, R25V, Monticello Township, Wright County. two ,Tile mobile home parks are located on State Btg!ivay 25 South and are known respectively as the Kjollberg Vent Mobile Home Park and the Kjellberg East. Mobile Home -Park. The Company owns and operates a vasta.oter treatment facility (facility) at each mobile home park. The Company is not authorised to operate either facility pursuant to the requirements of a National Pollutant Discharge i Elimination System (NPDBS) or State Disposal System (SDS) Permit. C. Agency Authority,. The Agency is a statutory agency of the state of t Minnesota charged with overall powers and duties to administer and enforce all laws, statutes, standards, rules and stipulation agroamants relating to'the prevention, control or abatement of water, air, noise and land pollutlun aixd to the management, collection, treatment, transportatioti,;storage and disposal of solid and hazardous waste in the state. Thin authuritq is specifically described in Minn. Stat. eh. 113, 113B, 1130 and 116 (1490). ! D. Rules. The Agency, after legal notice and hearing, has adopted and tins filed in the Office of the Secretary of State, rules that have the force and effect of lt:v and ganoral application throughout the state of Minnasotn. 11: 36 tl I Fft_LUT I0t I .XL ITFOL wict 2" fi.N, 2 S. Statement of Pacts. The. following constitutes a summary of the facts upon which this Agreement is based. None of the facts related herein shall be i considered admissions by either party with respect to any claim made by a person who is not a party to this Agreement. 1. The Agency inspected the wactevater treatment facilities serving the Company's two mobile home parks on May 11, 1988. The inspection identified several deficiencies including a failure to provide adequate wastewater treatment. 2. At the time of the Hay 11, 1988, Agency inspection, the Company's wastewater treatment facility serving the Company's Vest Mobile Home Park consinted of a septic tank/seepage pond system and the'Cumpany's wastewater r_ treatment facility serving the Company's East Mobile Home Pork consisted of a failing septic tank/drainfield system. 3. On May 20, 1988, the Agency issued the Company a Notice of Violation (NOV) for violation of Minnesota Rules and statute concerning the continues discharge of inadequately treated savage from the Compnay's wastewater treatment facilities. 4. On Juno 1. 1988, the Company responded in writing to the Notice of Violation. The response indicated the Company would proceed with connection of the Bast Mobile Home Park to the City of Monticello's sever system. The Jost i park would either be connected to the city sever system or an adequately designed on-site wastewater system would be constructed. 3. During the fall of 1988, the Company installed a seepage pond in place r of the failed drainfield. This was done as an interim measure contingent upon the connection of the Bast Park to the city of Monticellu'a sever system by October 31, 1587. 0 .'.I I I: 1T Iu, Pr:iUJr iLVI :lk 1. F{L 3 6. On April 11, 1991, and again on September 18, 1991, the Agency inspected both of the Compnny's East and Vest mobile Home Parks and found both wastewater treatment facilities to be operating in a similar mode as indicated In the 1388 inspection and as described in the subsequent Notice of Violation. F. Alleged Violations. The Agency alleges that the City has violated the tollowing Minnesota Rules and Statutes: 1. Minnesota Rules Chapter 7080.0050 (1991) - Surface Discharge. Unless specifically permitted, by the Agency, savage, sewage tank effluent, a-- seepage rseepage from a soil treatment system shall not be discharged to the ground surface, abandoned wells, or bodies of surface waters, or -into any rock or soil formation the structute of which is not conducive to purification of water by filtration or into any well or other excavation in the ground. Alleged Violation - The septic tank/drainfield treatment system . serving Kjellberg East Mobile Home Park vats found to hevo n surface discharge of savage from three separate areas to the wooded area east of the park. The sewage treatment system serving the KjallUerg Vest Mobile Home Park was found to have a surface discharge of sowage.into rock/debris-filled depressions which discharged to three seepage, ponds in series and from there to the soil. ' Minnesota Rules Chapter 7060.0600, subo. 2. (1991) - Prohibition Against Discharge into Unsaturatetl Zone. No sewage, industrial waste, or other pollutants shall be allowed to be di.charged to the unsaturated :one or deposited in such place, manner, or quantity that the offluent or residue thorairom, upon reaching the water table, mny actually or potentially preclude or limit the use of the undergttnn,d waters as a potable water supply, nor shall any discharge or deposit be allowed which may pollute the underground voters. All such possible sources of pollutants shall be monitored at ilio owner's expense as dlroctad by the agency. Alleged Violation -'rho septic tank/seepage pond system serving R7Jallberg East Mobile Home Park, is not providing adequate treatment of sewage prior to its discharge to the unsaturated zone. The sdptic tank/seepage pond system serving Kjellberg Vest Mobile Homo Park I s not providing adequate treatment of the sewage prior to its discharge to the unnnturated zone through the rock/dobris-filled depression and seepage basin bottoms. These existing conditions may actually and potentinlly preclude or limit the use of the underground voters he n potable water supply and the ongoing discharges may pollute the underground waters. 3. Minnesota Rulrrs Chapter 7070.0210, subp. 3. (1991) - Inadequate' Troatmant. Existing discharges of inadequately treated sewnga, tIndusti-5i wastes, or other wastes shall be abated, treated, or controlled so as to comply with the spplicaUle standards. Sopnration ;tI F)LLUT10,1 4 of sanitary sewage from natural runoff may bet required where necessary to ensure continuous effective treatment of sewage. Alleged Violation - Existing discharges of inadequately treated sewage at the Company's Mobile Rome Parks have not been abated or treated so as to comply with applicable standards. Untreated sewage is still being discharged to the ground surface. u. Minnesota Rules Chapter 7080.0030 (1991) - Administration by State Agencies in relevant part). Requires the owner to make application for and obtain a state disposal Eystem permit: for systems designed to treat a maximum monthly average daily flow of 15,400 gallons per da; or more. Alleged Violations - Kjellberq East and Vest Mobile Rome Parks, despite exceeding the size and flow requirements, have not conformed to the requirements of the individual Sewage Treatment System standards. Based upon the Company's representations that hookup with the city would be done, and because the application wus not complete, the Company's application was not acted upon by obtaining's State Disposal System permlr from the Agettcy. 5. Minnesota Statutes Chapter 115,081. (1990) - Duty to Notify. It is the duty of every person to notify the agency immediately of the discharge, accidental or otherwise, of any substance or material 'under its control which, if not recovered, may cause pollution of voters of the state, and the responsible person shall recover as rapidly and as thoroughly as possible such substance or material and take immadinteiy such other action as may be reasonably possible to minimize or abate pollution of voters of the state caused thereby. Alleged Violation - The Agency was not notified of the illegal discharge of untreated sewage from the Kjelldorg East and Vest Mobile Nome Parks by the Company in 1988. The Agoncy alleges that the Company has failed to take reasonable actions in a timely manner to minimizo and abate the wastewater discharges,, 1I. ACRE6MZNT NOV, THEREFORE, the Agency and the City hereby agree and stipulate as. fullovst A. Purposo of Agreement. The purpose of this Agreement is to tuaoive the past violations alleged in Paragraph I.P. by connection of the Company's Mobile Nems Forks to the City of Nonticelln'n sever 4yvtem, :n,, proper elimination/abandonment of the Company's existing wastewater treatment facilities and the installation of a ground watet monitoring system. O Z? kT:•< .c: F1: ? ttt Flttl'T 3131! :Ltt fTP.+j_ 4GE; IC -e C _„> B. Company Requirements. :he Company agraas to undertake and ccmrlcte'the I . , , following compliance program, in accordance with the following schedules', to achieve compliance with applicable Minnesota rules and statutess .. Retain Consultants. a. On or before October 1, 1991, the Company shall retain and employ a professional engineering firm with demonstrated experience in the evaluation, design, modification and construction of sewage treatment systems, including sever system force mains and lift stations. The retained firm shall assist tite Company with the initiation and completion of actions specified in Paragraph , II.B.3. of this Agreement. b. On or be'_oro Januar,/ 15, 1992, the Company shall retuin and employ a professional, qualified hydrologist to assist the Company with the initiation and completion of actions specified in Paragraph II.B.4. of this Agreement, C. Within three (3) calendar days of the,dates in Paragraph, II.0.1.it. and b. above, the Company shall submit, in waiting, the name and qualifications of the retained consultant to the Agency. d. If the Company changes consultants, the Company shall submit the names of the new consultants and their qualifications,, in writing, to the,Agency within three (3) calendar days of their empluyment by ,the Company. 2. Prohibitions. A. An of December 1, 1991, the Company is*prohlbited from discharging any sewage or other pollutants into the wastewater treatment facilities located at the Company's Bast and Vest Mubile Home Parka. 3. Sever System Connection. A. On or before October 11, 1991, the Company shall submit detailed, opprovabie pians and specifications to the Agency Commissioner for review and Pt ! FIXLUT 101 CCd iTFOL W FJ b approval, and to the city of Monticello. These detailed, approvable plans and specifications shall provide for the installation of aiwastewater conveyance system (including sever system force mains, lift stations end other necessary 1 '' epourtenences) from the Company's East and West Mobile lHome Parks to the city of Monticello's sever system (tie-in to occur at the Dundes Road/Cedar Street interceptor) and municipal wastewater treatment facility. The Company's plans and specifications shall include, at a minimum, the followings t (1) Sufficient details to demonstrate compliance with applicable Ten State Standards for construction and installation of the proposed praject; (2) Information detailing force main'and lift station capacities to ensure the adequacy of the proposed project; and (1) Details on instrumentation and controls, including alarm systems and system redundancloo. b. On or before November 1, 1991, the Company shall commence construction of the wastewater conveyance system in accordance with the Agency -approved plans and specifications. is I C. On or before November 1, :991, the Company shall submit tosthe Agency Commissioner for review and comment and to the City of Monticello e detailed, written operations and maintenance manual for the wastewater conveyance system. The manual shall address, at a minimum, the followings 1) a) Operation and maintenance rodponsibility b) Certification requirements ( 2) General description of lift station type 3) Plow diagram A) Design summary 0 1�•�, o•i. 9! t 2 :.tri ('94 PLLL1JT 1(}td •:U iTPOL tzaX: b—e '7 7 i 5) a) Emergency response procedures for spills or dischargos of untreated wastewater. b) Identification and location of'alternattve electric power. G) Equipment descriptions 7) Specific maintenance procedures 8) Potential operational problems and solutions such as i troubleshooting guide 9) Discuss and provide examples of records for operationo equipment costs, etc. I 10) General safety discussion Appondiceo J Schematics i Value indicea Pump calibration procedure List of manufacturers manuals d. On or before December 1, 1991, the Company shall initiate operation of the wastewater conveyance system and all other appurtenances nacconary to convey all of the vastovater/savage generated in the Company's East and Vogt Mobilo Homo Parka to the city of honticello's;aever system and municipal vasttevater treatment facility. e. On or before January 1, 1992; the Company shall submit an 1 elimination/atbandonmant plan to the Agency Commissioner for review and approval. The elimination/abandonment plan shall be designed to eliminate and properly 1 ' abandon (including removal) the Company's wastewater treatment facilities at the 1 117 POLLUTtpt,+:,vITPOLaMtg- C:i fi i East and vest Mobile Home Parks. The plan shall require the proper removal of all septic tanks and septage, proper abandonment of the see Daae basins. Dond3 and drain fields. The plan shall require that all elimination/abandonment activities shall be completed by June 1, 1992, and shall include implementation schedules with interim dates. The Company shall implement the Agency -approved plan in accordance with the schedules and deadlines herein. 4. Groundwater Impact Investigation. a• On or before March 1, 1992, the Companyrsholl submit a groundwater monitoring system plan to the Agency Commissioner for review and approval. The groundwater monitoring system shall be designed to investigate, evaluate and determine the impact of the operations of!the Company's Vast Nubile Home Park wastewater treatment facility (septic tank/seepage basin system), on i groundwater. The groundwater monitoring system plan shall include, at a t minimum, the followings 1) Required installation of at least three gruundvater, monitoring veils; 2) Groundwater monitoring well locations, const ructton: methodo and design detailsi 1 3) Sampling information, frequencies,' procedures, and 'protocol to be used; f ' 4) Re4utrod sampling of all wells at least three times during the period June - August 1992, with at least a 30 -day Interval between sampling events, r 5) Implementation schedules including a well installation t_ deadline of may 13, 1992, and an iinvestigation/sampling doadline of f;ovembar 1, 1992. Pa, FCLwriw C04TPOL4a7Z0:, tjt7 9 { b. On or before May 15, 1992, the Company complete shall installation of all groundwater monitoring wells in accordance with the . Agency-approved groundwater monitoring system plan. C. On or before December 15, 1991, the Company shall submit a ; groundwater impact investigation report to the Agency'Cymmissioner for review and approval. The report shall organize and present all data, analytical results, boring and well logs and test results. In addition, the report shall include a detailed description of the following% 1) Nature and extent of contamination and pollutant reloo6e. including type, physical state and concentrations of poilutunts and i extent/magnitude of contamination of the groundwater; and 2) An analysis as to whether the investigation boo produced sufficient information to allow for an adequate deteiml{natlon of appropriate groundwater remedial actions. C. Civil Penalty. The Company shall pay a civil penalty of for the past violations of Minnesota Rules and statute$ alleged in Paragraph Y.F. of this Agreement. The Company shall pay this civil penalty to the State on or before December 1, 1991. The Company's civil penalty payment shell be made by certified check payable to the "State of Minnesota" and tendered to the i Agency, Atten tiont Manager, Water Ouality Division, 520 Lafayeeta Road, St. Paul, Minnesota 55155, D. Stipulated Civil Penalties for Violations of thislAgroemen c. In the event the Company violates any specified provision ur provisions below of thio Agreement, the Company shall pay a stipulated civil penalty for each violation specified below in the following amountst 1. Three Thousand Doilara (53,000) per week or portion theteof that tho I Company foils to complete an activity in accordance with the cunditions, time 0' rtl FtLLUT101 tCelrPLL "3Err`Y 01; I0 schedules and deadlines contained in Paragraphs II.H.i., II.11.3. and II.B.4. of this Agreement. Determinations of failure to complete re4ulred activities ahnll be made separately for each required act listed in Paragraphs II.B.1., 1I.B.3., I� and 1I.0.4. r Z. It the Agency Commissioner determines that the Company has failed to comply with any of the requirements of Paragraphs 1I.0.:, the Agency Commissioner •i shall give written notice to the Company of the failure and specify the, provision of this Agreement with *which the Company ha5!not complied. The i Company shall pay the applicable stipulated civil penalty within thirty.(30) days of receipt of the notification from the Agency Commissioner that payment is due. Payment shall be by certified check made payable!to the "State of; ` Minnesota" and tendered to the Manager, Yater Quality. Division, Minnesota I Pollution Control Agency, 520 Lafayette Road, St. Paul; Minnesota 55155. The Company retains the right to dispute the factuul basi's1for the Agency ; iI Commissioner's determination that compliance with the Agreament requirements has not been achieved. However, the Company vaivea any r:ighta it may have to , challenge, on legal grounds, the requirements that It pay a stipulated civil i penalty pursuant to this paragraph. i f 4. The payment of stipulated civil penalties pursuant to thi3 paragraph shall not relieve the Company of its obligation to cumply with the terms and conditions of this Agreement, and the Agency does not usive its rights to r enforce this Agreement or to seek redress for other violations of this Agreement. Nothing in this Agreement shall be construed as prohibiting wC in any way limiting the ability of the Agency to soak civil penalties tutdur Minn. Stat. chs. 115 and 116 (1990) or any other lav for noncompliance with this Agreement or to seek and enforce the Company's performance and completion;of. the _ tequirements of this Agreement. U•, g, 'i 11: 1J rsi Ftt1UTICO1 1:011TPOL da£tY_Y tits 11 E. General Conditions. 1. Agency. In consideration of the Company's performance of the ,terms, covenants and agreements contained herein, the Agency; agrees that for such. period of time as the Company is in compliance with this Agreement, it shall stand in lieu of any administrative, legal or equitable remedies available to the Agency regarding the alleged post violationa of the statute and rules described in Paragraph I.P. of this Agreement, except that nothing in this I Agreement shall preclude the Agency from exercising any administrative; legal or equitable remedies available to it to require additionsl efforts by the Company in the event that any further response is necessary to prevent, abate or control pollution or threat thereof resulting from the operation of the Company's i , �. vastewater treatment facilities including, but not li'mlted to the implementation ;i , of remedial actions necessary to prevent, abate, controlor eliminate i� , groundwater pollution. 2. Remedies of the Parties. The terms of this Agreement shall be legally enforceable by either party in a court of competent jurisdiction and each of the parties retains the right to assert any legal, equitable, or administrative i right of action or defense which may be available by liw'in order to implement or enforce the terms of this Agreement, 1. Liability and Obligation. Exeept as specifically set forth in Paragraph 11.9.1. of this Agreement, this Agreement shall not release the Company from any liability or obligation imposed by Minnesota st8tUte3,'rules or local ordinances now in effect or which may be adoptidlin the future. t 4. Hold Harmless. The Corpany agrees to inded+nify and save and hold the Agency, its agents and employees, harmless from any and all claims or causes of i action arising from or on account of acts or emission., of rite Company, its otticers, employees, agents, or contractors in carrying out the activities out PiiUJTit Ct7ttTF Fa;EFa='t nts 12 r pursuant to this Agreement; provided, however, that the' Company shall not I Indemnify the Agency nor save nor hold its employees an� agents harmlasa from 1. any claims or causes of action arising out of the acts yr omissions of tete; i Agency, or its employees and agents. 5. A enc Monitoring. The Company shall alluv the Agency or any authorized member, employee or agent thereof, upon presentation of credential;, access at reasonable times to the property and facilities to obtain such information and documentation as authorized by Minn. Scat. ch. 116.091 (1910) and Minn. Stat. ch. 115.04 (1990) vhlch is relevant to'making a determination I that is In compliance with the terms of this Agreement: 6. Review of Submittals. The Agency Commissioner shell review all I submittals made by the Company as required by thic Agreement and notify the Company in writing of the approval or disapproval of 'each submittal. The �Soncy and the Company shall provide the opportunity to consult with each other dL ing the review of submittals or modifications. In the event that a submittaliis approved, it shall be considered a part of this Agreument and shall he Implemented by the Company as apecified in the approved schedule. In thajlevel) t that the submittal is disapproved in whole or in part,; the Agency Commissioner shall notify the Company of the specific inadequacies and shall indicate she necessary amendments or revisions. Vithin fittoen (15) calendar days of tteceipt i of any notice of disapproval, the Company shall submit!rovisiuns to correct the t Inadequacies. Upon approval by th Agency Commissioner,, the submittal aholl be considered a part of the Agreement and shall be implemented by the Company as 1 . specified in the approved schedule. f r 7. Emergency Powers. Nothing In this Agreement shall prevent the Agency from exercising its emergency powers pursuant to Minna scat. 1 116.11 (1990) in f the event conditions warranting such action shall ariza. f '� Oyi g.g; i1: t Mi FOLt!JTtC41 CCTiTFIX FGE11:,' 1.» 13 8. Suctessors. This Agreement shall be binding upon the Company, its i successors and assigns, and upon the Agency, its successors and assigns.' ; . I 9. Continuing Company Obligation. Should the Coimpany sell or othcrvise convey or assign any of its right, title or interest in the Company's mobile i home parks and the respective wastewater treatment facilities and wastewater I conveyance systems, such sale or other conveyance shall not release the Company from any obligation imposed by this Agreement, unlessi the party to whom 'the i right, title or interest has been transferred or assigned agrees in writing to i fulfill the obligations of the Agreement and the Agency Commissioner approves such transfer or ass ignment. 10. Amendments . This Agreement may be amended at any time by written , agreement of the parties. t i 11. Extension of Time. The Agency Commissioner shall grant extensions of i time schedules stated herein in the event the Company demonstrates good cause to i the Agency Commissioner for granting such extensions. !The burden shall be of' tate Company to demonstrate to the Agency Commissioner that good cause exists mild a all requests shall be submitted in writing. The request shail doscribe,th'e t reasons why on extension is required, and the measureaithat have been and dill be taken by the Company to minimize the length of the time extension requested. I Such extension shall. be commensurate with the delays involved. i Good cause means an event that has been or will be caused entirely by circumstances beyond thq control of the Company including the Company'e� consultants and contractors, and the Company could notihave foreseen and t prevented such event, Unanticipated or Increased coats or expenses associated with the implementation of this Agreement shall not, iii any event, serve as it I basis for changes i n this Agreement or extensions of time under this Agreement. 0 It, -45 t'tt i PCLLUT I ONS IXNTFOL tEha_Y Oi 14 Compliance with any requirement of this Agreement,! by itself, ohall n't I � constitute compliance with any other requirement. An extension of one 1 I , compliance date based on a particular incident does not! result in an extension i of a subsequent compliance date or dates. The Company must make an individual shoving of proof regarding each delayed incremental stop or other incremental requirement for which an extension is sought. 12. Effective Date. This Agreement shall be effective upon the date; is signed by the Agency Commissioner and the Chairman of'•the r Agency Board. i 13. Termination. This Agreement shall terminatelupai receipt by the; t i Company of written notice from the Agency Commissioner that the Agency I Commissioner has determined that the Company has satisfactorily completed 911 i activities required in Paragraph I.B., including poymerit of stipulated ; peunities. I i I ; BY THEIR SIGNATURES BELOW, THE UNDERSIGNED REPRESENT:THAT THEY HAVE AOTHMITY Tu BIND THE PARTIES THEY REPRESEINT, THEIR AGENTS AND CONTRACTORS. I KIELLBERG'S. INC. MINNESOTA! POLLUTION CONTRUL A'nucy i ' f Dys By: ! Kent KJollberg J'au •R'. ELVR President Chair an �r Byt Byt ! i Kim Kaellerberg gull Charles V. Williams Vice President Commissioner { Dated this day of Dated thi's day of i 1991 I " 1991 i NION710ELL0 OfP;e of the Cita .Adminis:raror 25vEast Broadsev June 24, 1991 Monticello, MN 55362-9245 Phone: (612) 295 2711 Metro: (612)333.5739 Mr. Richard Clark Industrial Section Water Quality Division Minnesota Pollution Control Agency 520 Lafayette Road St. Paul, MN 55155 Re; Kjellbergs West Mobile Home Park Sewer Connection Dear Mr. Clarks On January 18, 1991, your office was notified that the City of Monticello and Monticello Township had tentatively agreed to allow the Kjellbergs West Mobile Home Park to be annexed into the city of Monticello provided the mobile home park was connected to the city's sanitary sewer system. The intent of the annexation was to eliminate the need for Mr. Kjellberg to construct an on-site sewage disposal system for the mobile home park and to eliminate a potential pollution problem. As part of the sewer connection process, Mr. Kjeiiborg was to submit detailed plans and specifications for completing the sewer connection to the MPGA by June 1, 1991. The City of Monticello was also to be given an opportunity for review and comment on the plans and specifications prior to their submittal to your agency. Mr. Kjellberg contacted me on June 1 requesting permission to extend the June I deadline to June 15 in order to allow his engineer to complete the plans and specifications. I indicated this would be agreeable; but as of today I have not yet seen any plans or specifications. Our concern is that if continued pressure is not applied by your agency to require Mr. Kjollborg to submit plans and specifications for this connection in a timely manner, another yoar will go by before the pollution problem existing now at the trailer park is solved. while the City cannot force Mr. Kjellberg to completo the construction, as time goes on it becomes apparent that if the plans are not submitted soon, a permit will not be issued and construction will not be completed during 1991. If the PCA is in agreement that Mr. K j ollberg should either complete a sewer connection to the city system by the end of the year or construct an on-site sewage disposal system this year, we would US Mr. Richard Clark June 24, 1991 Page 2 appreciate your help in notifying Mr. Rjellberg that he has missed the June 1, 1991, deadline for plan submission. Anything your office can do to encourage Mr. Rjellberg to work toward construction this year would be appreciated. Basically, we wanted to let you know that Mr. Rjellberg is not meeting his time schedule, and it is possible that he will not be connecting to the city's system this year as originally planned. Sincerely, CF M NTICELLO Rick Wolfst ler City Admini trator RW/kd cc: John Simola, Public Works Director ✓ John Badalich, OSM PCA File Annexation File 0? N I L Qra ', Minnesota Pollution Control Agency UUO January 25, 1991 Mr. Kent Kjellberg Kjellberg's, Inc. P.O. Box 866 Monticello, Minnesota 55362 Dear Mr. Kjellberg: Re: Kjellberg Vest Mobile Home Park Monticello, Minnesota Sever Connection and Annexation Thank you for your telephone notification of the city of Monticello's intent to annex the Kjellberg Vest Mobile Home Park pending construction of the necessary sever line connection. The city has also provided us with written information concerning the proposed annexation. Minnesota Pollution Control Agency (MPCA) staff are pleased to see that both the Monticello Township Board and the Monticello City Council support the annexation, and that you have indicated your intentions to proceed along that route. We understand that the city's support of the annexation is contingent upon you completing the sever connection by December 31, 1991. In order to meet this date, staff request that a completed sever extension permit application, with detailed plans and specifications included, be submitted rn the MPA by lune 1• 1� (blank application form enclosed). die PZrirate that trrese plans ane specifications must be developed and signed by aregistered professional engineer and be accompanied by the appropriate fees. It to expected that the city of Monticello be given opportunity for review and comment on the plans and specifications prior to their submittal to the agency. Acceptable plans and specifications must indicate that the proposed work will be compatible with the city's existing sever collection system. Actual construction of the sever line should commence immediately upon permit issuance. As MPCA staff have indicated in the past, we believe connection to the city's vastevater treatment facility is the best long-term option for the park's sewage treatment needs, and we feel that the December 31, 1991, deadline offered by the city is more than reasonable. We expect that every effort will be made to complete the sever work by the deadline date so that annexation may proceed as proposed. Should the connection not be completed by December 31, 1991, staff may be forced to enter into a stipulation agreement, including monetary penalties, with Kjollberg's, Inc. We are confident that the work can be completed on schedule so that further enforcement action will not need to be pursued. Phone' 920 Lafayette Road, SI. Paul, Minnesota 55155 Regional Offices • Dutut hfBr ainerd/001roll Lake OlMalshaillRdCheetM S Eauai Opooriunuy emoloyer Mr. Kent Kjellberg Page 2 January 25, 1991 If you have any questions concerning rhie martor,pl.ense cnnrne!r me ar (612) 296-8828. Sincerely, 7'i�" 4LJ aj', Richard Clark Industrial Section Vater Quality Division RC/jmg Enclosure cc: —Rick "Volfsteller;'City'of Monticello' Franklin Denn, Monticello Township 0 13::2 ov-1 rF:.S.rri on • rL 5:r sad. hta .]]I w ft -pin MCI, - NI MIJr- IIS. MN $Salt u{? JJI NnM h\+ }JI JEIIo May 16, 1990 Minnesota Pollution Control Agency 520 Lafayette Road St. Paul, MN 55155 Atm: Mr. Douglas A. Hall, Supervisor Permits Unit, Regulatory Compliance Section Water Quality Division Re: STATE DISPOSAL SYSTEM DRAFT PERMIT # MN 0058599 Kjeiiberg West Mobile Home Park Wastewater Treatment Facility Monticello, Minnesota Gentlemen: Pursuant to public notice in accordance with Minnesota Rules Chapter 7001.0110, the City of Monticello. through me as their designated City Engineer, wishes to comment and express potential areas of concern regarding the referenced project and issuance of a State Disposal System Permit for the proposed facility. The City of Monticello's interest in this project sutra from the fact that the Kjellberg West Mobile home Park is just west and adjacent to the Monticello city limits. See the enclosed map received from the PCA where I have superimposed on it the city limits. Because of this close prwdmiry to the City, we are concerned that this proposed waste water treatment facility is environmentally sound and properly designed, so as not to effect the surface and groundwater of the area. The following are some of the comments and concerru expressed by the City of Monticello. -% I. The draft permit states that the proposed facility will consist of a 4.0 acre single cell stabilization bond with an operating capacity of approximately 6.95 auW n gallons and three existing seepage basins with a total area of approximateiv 1 acre and toW capacry of approximately 15 million gallons. This facility will serve a 200 ani Y mobile home park. This waste water treatment facility, as proposed, is contrary to and not in accordance with PCA Rules and Regulations and the so called 10 Stat Standards for Sewage Works of the Great Lakes -Upper Mississippi River Board of State Sanitary Engineers These standards state that as a minimum the stabilization: pond system should consist of three cells designed to facilitate both series and' parallel operatiors so as to prevent any short circuiting of sewage influent. The; BOD design loading is on the high side for a single pond. ✓ Minnesota Pollution Control Agency May 16, 1950 Page 2 ? Criteria for proximity of the treatment facility to habitation does not seem to meet mirdmttm requirements. 3. The use of seepage ponds is highly questionable as to whether thev are allowed under PCA or 10 State Standard Guidelines. As indicated on the map, the seepage ponds are in close proxirrity of wetland areas and in the gradient of groundwater Hoeing nortbeasterly to the Mississippi River. The municipal water supply for the Circ of :Monticello is located in this gradient and glacial drift utilizing screened wells, however, at depths of 200 to 300 feet. 4. OL*ter areas of concern, regarding seepage ponds, pertains to the soil uptake rate of the seepage ponds and the quality of effluent from the stabilization pond that will be introduced to the seepage pond. Part 1I of the draft permit refers to permit effluent Uzti;axons, but none are shown in the perrait. Will the EPA Groundwater Preventative Action Urrdu (PAL) requirements under the Safe Drinking Water Standards be exceeded? Has the load -rest cycle for seepage cell regeneration been looked into or calculated. 5. The draft permit indicates that a groundwater monitoring plan will be presented to the PCA prior to August 1, 1990. As a minimum, the plan shall provide for the proper installation and monitoring of three monitoring weUs (one up -gradient and two down -gradient) in the vicinity of the seepage ponds. This is certainly a necessary monitoring plan, but groundwater and soils data should have been secured some time ago to ascertain the before groundwater level, quality and also the soil structure in the area A Piezomctric Map of the area should be generated to ascertain the groundwater gradient and also the direction of groundwater flow. 6. Under the EPA Construction Grant Program, the Qty of Monticello in 1977 completed a Facilities Planning Report for the City as well as for the orderly annexation Area (OAA) which includes the Kieiiberg Mobile Home Parks. Subsequently the Was;ewater Treatment Plant in Monticello was upgraded, utilizing EPA and State Funding, an activated sludge plant providing secondary treatment for 0.91 million' gallons per day. As population increases in the City as well as in the OAA area, the treatment facility can be expanded to 2.4 million gallons per day at the present site to meet population projections to the year 2030. Under consideration presently, is a trunk sewer extension to other Kjellberg property and the East Mobile Home Park which is adjacent and across the highway from the West Mobile Home Park. the subject of this permitting process Attached is Drawing No. 2 showing this proposed trunk sewer extension to the south and the subject area. ," Y 16 1W 13:39 C" PGLS•hrl 1 Minnesota Pollution Control Agency May 16, 1990 Page 3 a P. In conclusion. the City of Nlonticello is concerned as to the environmental impact this proposed treatment facility will have on surface and groundwaters, in that these facilities will be located up -gradient from the City and their public and private water supplies. With the availability of municipal sewer service not far from the area and planned for adjacent property. this should be further considered before a 5 year permit is granted for this proposed wastewater treatment facility. Respectfully Submitted, O RR•SCHELEN-N1AY ERON & ASSOCIATES, INC. FOR THE CITY OF MONTICELLO Jobn P. Badalich, P.E. City Engineer JPB/cmw 05/90•mpca cc: Mayor, Ken Maus, City of Monticello John Simola, Public Works Director 90 AINMinnesota Pollution Control Agency 520 Lafayette Road. Saint Paul, Minnesota 58155 J n t e- '�� Telephone (612) 296-6300 ainn�iTvw April 14, 1989 Mr. Jeff O'Neill Assistant Administrator City of Monticello 250 East Broadway Monticello, Minnesota 55362-9245 Dear Mr. O'Neill: Rj.Evergreens and Kjellberg Mobile Some Park East Development Agreements d V We are in receipt of the pertinent sections of the proposed Evergreens Development Agreement and the Kjellberg Mobile Home Park East Development Agreement. Copies of the above documents have been forwarded to Mr. Charles Schneider of the Environmental Health Division of the State Health Department for his review. y7 We understand that the city will allow expansion of the East Park if Mr. Kjellberg can obtain the proper licensing from the governing state agencies. It is the Minnesota Pollution Control Agency's (MPCA) position that no expansion of the East Park shall be allowed until such time that the park is connected (temporarily or permanently) to city sever service or an approvable on-site system is provided. The existing system at the East Park is not an approvable system. The State Health Department has indicated that they will not be licensing the East Park expansion unless the MPCA approves the sewage treatment and disposal system. This prohibition against expansion means that no mobile homes will be allowed to be moved into the new lots to the east of the existing park. We also understand that according to the Development Agreements, the city will not issue any Certificates of Occupancy fnr residences in Phase 2 of the Evergreens until such time that the East Park is hooked up to city sever service on a temporary basis. The MPCA hqA taken rhht �t+n�+r lee` Easf� 'rrnr�t oj(+ I; 1o1 ''Mi. ,�� V •'IN pr 19 "N"12�ee `Ge oruzina �jhe � recognize thadelays from Mr. Kje bares [ me sc e u a may have occurred, however, we feel there is still ample time for connection in 1989. It was noted in the documents that the city shall have the right to utilise a temporary easement and connect the East Park at the developer's expense should a state or federal regulatory agency impose pecuniary sanctions or commence administrative or judicial proceedings against the developer to force eaver o hookup to the East Park. This right of the city could be triggered by the introduction of a Stipulation Agreement by the MPCA or the initiation of license revocation proceedings by the State Health Department. Regional Offices: Duluth • Brainerd • Detrod Lakes • Marshall • Rochester Ezvat opOonumty Employer Ptintad on Rectreed papa+ Mr. Jeff O'Neill Page 2 At this time, no definite plans for a Stipulation Agreement with Mr. Kjellberg have been made by the MPCA. This option remains, however, should we feel that Mr. Kjellberg is not making sufficient progress towards a 1989 connection date. The Health Department, to my knowledge, has no plans to initiate license revocation proceedings for the existing East Park at this time. Mr. Schneider, however, will be discussing legal aspects of this possibility with Department attorneys. In sunmary, it is the MPCA's position that no exnansicn of the Ea --t Park take place until city sever service is provided. The Health Department will not license any park expansion without MPCA approval of the sewage treatment method. In addition, the MPCA is still requiring connection to city service by the end of 1989. A letter outlining these positions will be sent to Mr. Kjellberg in the near future. We appreciate your efforts in the resolution of this matter. We look forward to continued cooperation in the future and to providing any assistance that may be helpful. If you have any questions concerning this matter, please contact me at 296-8828. :7 Sincerely, Richard Clark Regulatory Compliance Settion Division of Water Quality RC: j rk 01? KJELLBERG'S MOBILE HOME PARK EAST DEVELOPMENT AGREEMENT THIS AGREEMENT, made this day of 1989, between the CITY OF MONTICELLO, hereinafter referred to as the "CITY" and KJELLBERG'S, INC., a Minnesota Corporation, its successors and assigns, hereinafter referred to as the "DEVELOPER". WHEREAS, the DEVELOPER has submitted a written request to the City as outlined in the Preliminary Plat Application entitled "EVERGREENS", a residential subdivision contiguous on its proposed southerly boundary line with the existing mobile home park development within the CITY commonly known as KJELLBERG'S MOBILE HOME PARK EAST, hereinafter referred to as the "EAST PARK"; WHEREAS, the parties and certain other governmental agencies desire the East Park utilize CITY sewer service; WHEREAS, the DEVELOPER has requested the extension of trunk sewer service to the EVERGREENS; WHEREAS, the CITY desires that trunk sewer facilities be extended from its present termination point at Dundas Road, to a position in the County Highway #117 right of way at the northeast corner of the EVERGREENS; WHEREAS, the DEVELOPER will act as part of the utility improvements to EVERGREENS FIRST ADDITION to extend at its expense the sewer laterals through anticipated public right-of-ways not within EVERGREENS FIRST ADDITION, to a point where it can hook up EAST PARK to CITY sewer. WHEREAS, Minnesota Statute 462.358 authorizes the CITY to require execution by the DEVELOPER a contract secured by financial consideration and guarantees that insures that the improvements described will actually be constructed. NOW, THEREFORE, in consideration of the mutual promises of the parties made herein. IT IS AGREED BY AND BETWEEN THE PARTIES HERETO that the DEVELOPER, pursuant to financial guarantees set forth in that certain contemporaneously executed companion agreement hereinafter known as the "EVERGREEN DEVELOPMENT AGREEMENT" will forthwith employ at its expense a contractor or contractors approved by the CITY and pursuant to plans approved by the City, to install without the ®R(- borders of proposed EVERGREENS FIRST ADDITION the necessary sanitary sewer laterals, lift stations and monitoring devices necessary to put the EAST PARK on CITY sanitary sewer. IT IS ALSO AGREED: That the agreed 850,000 cost of extension of the municipal trunk sewer line from its present termination at Dundas Road to a position in the County Highway 117 right-of-way at the northeast corner of EVERGREENS FIRST ADDITION shall be credited against the EAST PARK AREA ASSESSMENT FOR TRUNK SEWER AND TRUNK WATER. That the EAST PARK shall be subject to an AREA ASSESSMENT FOR TRUNK SEWER AND TRUNK WATER equivalent 35 acres times $2500 per acre equalling $87,500. The balance of $37,500, after the credit set forth at paragraph one, shall be payable at the rate of approximately $2872. annually, including interest at 6.58. DEVELOPER hereby consents to certification by the CITY as prescribed by law to the Wright County Auditor of an amount not to exceed $37,500, as herein calculated at an interest rate not to exceed 6.58 annually, based on a 30 year amortization, subject to Developers right to prepay before interest accrues as provided by law. 3. That the EAST PARK sewer access charge and water access charge shall be 6225 per mobile home pad. This SAC/WAC fee (123 pads x $225) of 517,675 shall be payable annually over five years plus 6.58 interest. 4. At such time as a trunk sanitary sewer line becomes available easterly of the EAST PARK in County Highway 117 right-of-way DEVELOPER may hook at his expense without further fees or charges. 5. The parties acknowledge that EAST PARK is serviced by a private common water supply. At such time as municipal water may become available or necessary DEVELOPER may hook up to the municipal water system at its expense. Developer may hook up at the then prevailing fee based upon pipe size, not a fee based upon inhabitants or the number of mobile home pads. The parties acknowledge that the current hookup charge would be approximately $1,500.00, it being the intent of the parties that the methodology of calculating the hookup fee not be changed. 2 EAST PARK shall be charged a user fec for ......_tart sewer service and water service if and when ^ connected at normal resieential rates based upon a flow meter installed at Developer's expense. 7. CITY agents are hereby granted the right to come upon the premises for purposes of periodic meter readings. The parties acknowledge and agree that the East Park has been and shall continue to be subject to the licensing and jurisdiction of the Minnesota Department of Public Health. 9. It is anticipated that the EVERGREENS proposed plat will develop consistently with its Preliminary Phased Plan. The City shall not issue any Certificates of Occupancy for residences in PHASE II until such time as the EAST PARK is hooked up to City sanitary sewer service on a temporary basis. The permanent sewer hookup of EAST PARK shall occur at the time that PHASE V underground utilities are installed from the permanent lift station s=te as reflected on the February 6, 1989 Revision of the utilities plan. In the event the temporary and permanent sanitary sewer hookup from the EAST PARK do not occur the City is hereby grantea a temporary easement for sanitary sewer installation one rod wide consistent with the proposed road layout as outlined in yellow on the attached Exhibit A. The temporary easement shall terminate as the roads within PHASE II and v are accepted by the City and it shall provide a Quit Claim Deed extinguishing the easement as to that Phase. The temporary sewer line shall be a private line installed and maintained by the Developer. The City shall have the right to utilize said temporary easement and hookup the EAST PARK, charging Developer therefore, upon the occurrence of one of the following events: (a) Failure of Developer, his successors and assigns to hook up the EAST PARK when installing underground utilities for PHASE II of "THE EVERGREENS"; OR (b) In the event a state of federal regulatory agency imposes pecuniary sanctions or limitations upon the City or Developer, OR 0 (c) Thirty days after commencement by a state or federal regulatory agency of administrative or judicial proceedings against City cr Developer to force sewer hook up of the EAST PARK. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. CITY OF MONTICELLO By Its Mayor By Its Administrator KJELLB§R,GS-,— 1,3C - aq-2, L 'Ke Kie ro �50 Cr CITY OF MONTICELLO) STATE OF MINNESOTA) COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1989, by Ken Maus, Mayor, and Rick Wolfsteller, Administrator, on behalf of the City of Monticello. KJELLBERG, INC.) STATE OF MINNESOTA) COUNTY OF WRIGHT) The foregoing instrument was acknowledged before me this _ML day of -1QJ ,. 1 1989, by Kent Kjellberg as Presi&bnt of Kjellberg, Inc. on behalf of Kjellberg, Inc. C;en.!and Diana 'a. ,a go��! S11—pi, 4 M- 0 COPY L Minnesota Pollution Control Agency July 6, 1988 Kent Kjeiiberg Kjellberg's Inc. P.O. Box 866 Monticello, Minnesota 55362 Dear tor. Kjellberg: Re: Kjellberg's Mobile Home Parks Notice of Violation (NOV) Response We are in receipt of your response to the NOV issued to Kjellberg's East and West Mobile Home Parks. We have also received notification of the final approval of the City of Monticello's annexation proposal for the Evergreens development area from the Minnesota Y.unicipal Board. It is our understanding that the East Mobile Home Park his been included in the recently annexed area and that the park is eligible for city sewer service. Your response has not made it clear as to how or when sewer service will be provided to the East park. We are aware that the Evergreens project is a phased project with development spread over several years. It is the Agency's position that the trunk sewer line to the development area and the East park be installed at the earliest stage of development as possible and that city sewer service be provided by the end of this summer 4* --0 (1988). We ask that you respond to us in writing with your plans (including a schedule) for providing sewer service to the park as well as your plans for short term sewaye treatalent/disposal until such service is actually available. The City of Monticello will need to complete and submit an application for permit, for sanitary sewer extension before sewer wurk is actually started. The City should have an application form oil file already, however, one is enclosed here for your reference. As any sewer extension will primarily benefit your developments, you will need to work closely with the City on cnnlpletioll of the application. This application, complete with plans and specifications, should be submitted to the Agency as soon as possible. Kje.11berg's Inc. wiII need to retain the services of a qualified consultant experienced in wastewater treatment to evaluate and design a treatment system for the 'West park. The consul Lant will need to evaluate such factors Phone: 520 Lafayette Road. St. Paul. Mlnnesdla 55155 Regional Offices • Oulul N Of amefdloel fall LAwes/MA15hall/ROC11el1ei L/U Eaull clppoflu-ly Emaloyef iJ Fent Kjellberg Page 2 as wastewater flows, area soils and hydrogeology, and long term plans for the park in designing an approvable system. These factors are important in determining what size and what type of treatment system can most effectively meet the park's wastewater needs. It is still our opinion that the most reliable and cost-effective treatment for the West Park would be connection to the City of Monticello's sewage treatment system (with or without annexation) and that this option should be considered. The evaluation and design process should begin as soon as possible with preliminary plans and specifications completed by the end of this summer. This information must be made available before the required State Disposal Permit for the West park can be issued. If you have any questions or comments concerning this matter, feel free to contact me at 612-296-8828. Sincerely, Richard Clark Regulatory Compliance Section Division of Water Quality RC:jae _&closure C D ROM CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Kent Kjellberg Kjellberg Mobile Home Park Highway 25 South Monticello, Minnesota 55362 Dear Mr. Kjellberg; Pollution Control Agency May 20, 1988 Re: Kjellberg East and hest Mobile Home Parks Mnnticello, Minnesota Notice of Violation Enclosed is a Notice of Violation (NOV,) which is being issued to the Kjellberg East and ;lest Mobile Home Parks for violation of Minnesota Rules and Statutes concerning the continued discharge of inadequately treated sewage from the parks' sewage treatment systems. The NOV documents and outlines these violations and establishes a formal record of Minnesota Pollution Control Agency (MPCA) enforcement action. In response to a complaint received at our office. I inspected the wastewater treatment systems serving the mobile home parks on May 11, 1988. The septic tank/drainfield system serving the East park was found to have a discharge of untreated sewage from three separate sources, in violation of Minnesota Rules, to the wooded area behind the park." The septic tank/seepage basin system serving the West park was also found to have a substandard system. The overland flow of untreated sewage, the lack of disinfection present, and the excessive seepage rate from the seepage basins do not conform with state standards concerning the proper treatment of sewage. There was ample evidence that the current situation has existed for some time and that little effort has been made to correct the problem or to provide adequate treatment. The presence of untreated sewage on the ground surface in accessible areas does present a potential health threat. Contamination of groundwater from the substandard treatment systems is also a likely possibility. Phones. 520 Lafayette Road. St. Paul. Minnesota 15195 Regional offices • ouluthlBrainardtoatroil Lakea7MafenalURocheffi& Eouei Gaoonumfr emoIowr Mr. Kent Kjellberg Page 2 It is our understanding that the East park is included in a city annexation proposal currently being considered by the Minnesota Municipal Board and that approval of the proposal is likely. To resolve the ongoing pollution problem, the entire East park should be connected to the City of Monticeilo's wastewater treatment facility at the earliest stage of Phase I of the Evergreens development project as possible. It should be emphasized that the discharge of untreated sewage at the East park must be abated by July 1, 1988. The sewage treatment system serving the 'West park will need to be upgraded or replaced. It is our opinion that the best solution for the West park would be annexation to the City of Monticello and connection to the city's sewer system, and we urge park management to pursue that option. If that cannot be accomplished, management will need to develop plans for an alternative system on site that will conform to state standards. Resolution of the West park's sewage disposal problem should be accomplished this construction season. To resolve these violations, the MPCA requests that you respond in writing to this NOV within twenty (2Q) days 'following receipt. Your response should include a schedule for connection of the East park to Monticello's wastewater treatment facility. The response should also outline a plan of action for bringing the West parks treatment system into compliance with agency guidelines. The type of treatment proposed, whether it be connection to the city's system or an upgraded/ rep iacement system on site, as well as a timetable for completion should be included. Because the West park system exceeds the sizing and flow requirements for a State Disposal Permit we request that you complete and submit the permit application form that was left with you during the inspection. The completed application form should be submitted with the NOV response. If you have any questions concerning the NOV, please contact me at 612-296-882e. Sincerely, Richard Clark Regulatory Compliance Section Division of Water Quality RC:jae Enclosure 0 STATE OF MINNESOTA MINNESOTA POLLUTION CONTROL AGENCY DIVISION OF WATER QUALITY IN THE MATTER OF THE KJELLBERG EAST AND WEST MOBILE HOME PARKS MONTICELLO. MINNESOTA NOTICE OF VIOLATION TO: Mr. Kent KJellberg Kjeliberg Mobile Home Park Highway 25 South Monticello, Minnesota 55362 PLEASE BE ADVISED, that the Minnesota Pollution Control Agency (MPGA) has sufficient information to indicate that the Kjellberg East and West Mobile Home Parks' sewage treatment systems have violated the following Minnesota Rules and Statutes: 1. Minnesota Rules Chanter 7080.0050 (1487) - Surface Discharge. Unless specifically permitted by the Agency, sewage, sewage tank effluent, or seepage from a soil treatment system shall not be discharged to the ground surface. abandoned wells, or bodies of surface waters. or into any rock or soil formation the structure of which is not conducive to purification of water by filtration, or into any well or other excavation in the ground. Alieaed Violation - The septic tank/drainfie)d treatment system serving Kjellberg East Mobile Home Park was found to have a surface discharge of sewage from three separate areas to the wooded area east of the park. The sewage treatment system serving the Kjeliberg West Mobile Home Park was found to have a surface discharge of sewage into rock/debris-filled depressions which discharged to three seepage basins in series and from there to the soil. Minnesota Rules Chapter 7060.0600 subo.2. (1987) --Prohibition Against Uiscnarge into unsaturated Zane. o sewage, Inoustrlal waste, or other pollutants shall be allowed to be discharged to the unsaturated zone or deposited in such place, manner,or quantity that the effluent or residue therefrom, upon reaching the water table, may actually or potentially preclude or limit the use of the underground waters as a potable water supply, nor shall any discharge or deposit be allowed which may pollute the underground waters. All such possible sources of pollutants shall be monitored at the owner's expense as directed by the agency. -2- Alleoed Violation - The septic tank/drainfield system serving Kjeilberg East Mobile Home Park, due to its failing condition, is not providing adequate treatment of sewage prior to its discharge to the unsaturated zone. The septic tank/seepage basin system serving Kjellberg 'Jest Mobile Home Park is not providing adequate treatment of sewage prior to its discharge to the unsaturated zone through the rock/debris-filled depression and seepage basin bottoms. These situations may be having an adverse effect on the quality of the underground waters. _ 3. Minnesota Rules Chapter 7050.0201 subo.3. (1987) - Inadeouate Treatment. Existing discharges of inaaequately treatea sewage, rncustrial wastes, or other wastes shall be abated, treated, or controlled so as to comply with the applicable standards. Separation of sanitary sewage from natural runoff may be required where necessary to ensure continuous effective treatment of sewage. Alleoed Violation - Existing discharges of inadequately treated sewage at the K,lellberg Mobile Home Parks have not been abated or treated so as to comply with applicable standards. Untreated sewage is still being discharged to the ground surface. 4. Minnesota Rules Chapter 7080.0030 - Administration by State Agencies Sin relevant oartl. Collection systems wnicn serve 15 dwellings or 5000 gallons per day, whichever .is less, shall conform to the requirements of these standards and shall make application for and obtain a State Disposal System permit from the agency. Alleoed Violations - Kjellberg East and West Mobile Home Parks, despite exceeding the size and flow requirements, have not conformed to the requirements of the Individual Sewage Treatment System standards and have not made application for a State Disposal System permit from the agency. 5. Minnesota Statutes Chapter 115.061. (14861 - Duty to Notify. It is the duty or every person to notify the agency immediately of the discharge, accidental or otherwise, of any substance or material under its control which, if not recovered, may cause pollution of waters of the state, and the responsible person shall recover as rapidly and as thoroughly as possible such substance or material and take immediately such other action as may be reasonably possible to minimize or abate pollution of waters of the state caused thereby. Alleged Violation - The agency was not notified of the illegal aiscnarge of untreated sewage from the Kjellberg East and West Mobile Home Parks. No attempt has been made by park ownership to minimize or abate this discharge. . THEREFORE, you are given notice that your noncompliance has been recorded by the Minnesota Pollution Control Agency. You are required to inform us in writing within twenty (20) days of the actions to be taken to resolve this noncompliance and to prevent future recurrences. -3 - This Notice of Violation does not preclude the Minnesota Pollution Control Agency from taking further action with respect to the above noncompliance. Repeated failure to comply with applicable Federal and State requirements may result in initiation of further enforcement action. DATE: May 20, 1968 REuULATCRY COMPLIANCE :ECTION DIVISION OF WATER QUALITY Russe (C. tt, Chief CERTIFIED MAIL RETURN RECEIPT REQUESTED Address for further correspondence: Minnesota Pollution Control Agency Division of Water Quality Regulatory Compliance Section 520 Lafayette Read St. Paul, Minnesota 55155 RESOLUTION 91 - RESOLUTION PROHIBITING CONSTRUCTION OF PRIVATELY -OWNED WASTEWATER TREATMENT FACILITIES FOR MULTIPLE RESIDENTIAL DEVELOPMENTS WHEREAS, the Minnesota Pollution Control Agency has requested that the City make a determination as to its-cceptdnce of privately - owned wastewater treatment facilities serving multiple residential units within the city limits; and WHEREAS, the City has constructed a wastewater treatment plant with federal, state, and local funds that has adequate capacity for domestic sewage from the current city limits and the orderly annexation area; and WHEREAS, the proliferation of wastewater treatment facilities is in conflict with federal and state grant guidelines. THE MONTICELLO CITY COUNCIL HEREBY RESOLVES that no new private wastewater treatment facilities which serve multiple residential units may be built, and further that the use of existing such facilities may not be increased, nor may such facilities be expanded or upgraded within the city limits. Adopted this 15th day of October, 1991. Mayor City Administrator DK Council Agenda - 10/15/91 9. Consideration of a resolution approvinq plans and specifications and advertising for bids for traffic signal at the intersections of CSAH 75, CSAH 39 East, and Countv Road 118. (J.S.) A. REFERENCE AND BACKGROUND: Ron Bray of OSM has completed plans and specifications for the installation of a signal system at the above -referenced location. The project calls for a time schedule with a bid letting date of November 8, an award date of November 12, and start of construction on November 14, 1991. Due to the expected delivery time on the signal poles, however, the project will not be completed until May 15, 1992. Estimated costs for the project include $71,550 construction cost; $10,000 for signal controller cost; and $12,800 for the signal justification study, design engineering, project engineering, surveying, and inspection, which brings the total estimated project cost to $94,350, of which $47,175 is the anticipated City cost. This is about $7,000 higher than our original estimate in June of this year prior to the actual design. The actual design of the signal system is very similar to those signals found at River Street, Broadway, 7th Street, and Oakwood Drive. There will be left turn arrows on the main thoroughfare (CSAR 75) and walk lights for pedestrians on all four corners. Two hundred fifty (250) watt high pressure sodium street lights will be located on top of each signal pole. The existing temporary wood -poled street lights will be removed from the intersection at the completion of construction. Signing for the intersection includes only an overhead county highway number sign. City Council may wish to consider the larger Broadway or Riverview Drive markings. Davo Montebello from the Wright County Highway Department would not have a problem with adding the largo street signs. If not, we still have one small street sign located in the northeast corner of the intersection. A copy of the proposed Intersection plan is enclosed for your review. The specifications are available at City Hall duo to their bulk. ALTERNATIVE ACTIONS: The first alternative is to pass a resolution approving the plans and specifications with any minor changes the Council may wish to add and authorize advertisement for bids. Council Agenda - 10/15/91 The second alternative would be not to pass a resolution approving the plans and spec's due to the need for significant changes. STAFF RECCM-MEND! TION: It is the recommendation of the Public Works Director and City Engineer that the City Council pass a resolution approving the plans and spec's and authorizing advertisement for bids as outlined in alternative •1. D. SUPPORTING DATA: Copy of the plan sheet; Resolution for adoption. 19 T NOTES, w-, .V TYPE AIDO-u5-010-9 (DAVIT AT 550' 1©TYPE P100-•/0 LOOP DETECTORS _❑ I v AIDO POLE FOUNDATION 112 FT DEEPI PI00 POLE igMDAIIOx FR SITE i TIbIIOCATION •D SLE vcaa NIpYYryD131ff CITY IllbdcD WIERIAf. 1 ■-- 1 2 -ONE WAY SIGNALS OVERNC►D IMI.1 c .. (YID AIR -MOUNT2SOW AT 1t iT TROY EMD( 1-p$ ■A1 SIGNAL OVCRMEAD ` I D,•+ -r a• aa' sr [.far sNtNA FACE LW.L WK • ■AbtolarD s,cLo. LUYTNA IRE -240r NPS TYPE 100 -POLE MOUNIE0 90• P 1 m•1 e•r 6• + S' i! TYPE 100 -POLE MOUNTED 270• i a, 14. 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STRAN ftl0 MOIo.■ ANAL WE l •TED 4 TIM-" A■OYW '�'•'0 1 J ' r,1 •9 • 1.1K •e wrw- • R. r(p •' � II e 7 IIC.• 1'2K .11 •5.1,1. N^516^N Council Agenda - 10/15/91 10. Consideration of appointment of Assistant Liquor Store Manager. (R.W.) REFERENCE AND BACKGROUND: Previously the City Council authorized creating the position of an Assistant Liquor Store Manager. The advertisement for this position resulted in 31 applications for the job, which Liquor Store Manager, Joe Hartman, and myself reviewed and selected eight individuals to interview. Of the applicants selected for interviews, a number of individuals had previous retail experience and/or were already in similar assistant manager positions with liquor store operations. One of the applicants is a current part-time stock person at the liquor store and another was a former part-time employee. After completing the interviews last week, we narrowed the candidates to three individuals and are recommending tonight that Wanda Goenner be offered the position. Ms. Goenner is the present assistant liquor store manager for Cub Liquor in St. Cloud, which is owned by Cub Foods. We believe that Ms. Goenner will be an excellent employee for the liquor store and has received very favorable recommendations from many liquor store salesmen Joe has talked to, including the manager of Cub Liquor Store in St. Cloud. Ms. Goonnor appeared very knowledgeable of the liquor store operation, has an excellent personality, and should be able to provide now ideas for operating our store. It is anticipated at this time that the Assistant Manager will be working a 40 -hour week from approximately 2:00 p.m. until closing and will be responsible for covering three Saturdays out of each month. Tho recommended starting hourly wage will be $9.00 per hour but could be subject to roviow once our comparable worth study has been completed by the League of Minnosota Cities. ALTERNATIVE ACTIONS: 1. Approve the hiring of Wanda Goonnor as the Assistant Liquor Store Manager offoctivo icnmediatoly. 2. Do not authorize hiring this individual and roadvortiso for additional applicants. 20 Council Agenda - 10/15/91 STAFF RECOMMENDATION: Both Joe and I feel very comfortable with recommending Wanda for the position. Her references, especially with salesmen Joe is familiar with that have worked with Wanda at Cub Liquor, and her supervisor all recommended her for the Position. We do not feel there is any problem with Wanda assuming a supervisory position, and we are comfortable with her previous experience in this regard. SUPPORTING DATA: Copy of employment application and resume; List of those individuals interviewed. 21 LIST OF APPLICANTS INTERVIEWED FOR ASSISTANT MANAGER OF HI -WAY LIQUOR 1. Michael Bostic 2. Wanda Goenner 3. Keith Thurston, Jr. 4. Daniel LaFave 5. Craig Holt 6. Mark Manzke 7. Michael Fischbach (present part-time employee) 8. Derrick Friedrich (former part-time employee) Council Agenda - 10/15/91 11. Consideration of approving specifications and advertising for bids for a new snowplow truck to replace the 1981 Chevrolet snowplow truck. (.7.S.) REFERENCE AND BACKGROUND. At the last meeting, the City Council authorized staff to utilize the 1981 Chevrolet truck to replace the 1972 International underneath the sewer jet machine. This has been accomplished. The 1972 International truck was found to be in worse shape than what was expected. We found additional cracks in the frame upon removing the jet machine, which would have made repairs much more costly than the original estimates. City staff would like the Council to authorize sale of the 1972 International and the 1972 vintage dump box, hoist, and sander that were installed on the 1981 Chevrolet but were originally part of the 1972 international. The sale, of course, would be on advertisement and to the highest bidder. We have drafted specifications for replacement of the 1981 Chevrolet snowplow truck. The specificationo are almost identical to those for the last truck purchased, a 1987 Ford. The only differences include a trip edge on the wing and plow, and the plow is of the standard design rather than the expressway design on the last unit. The only other options for us as far as plows would be to go to one of the new lightweight polyplows, which would be more expensive. The 1987 truck was purchased at a cost of $54,661.84. Thcro was tax of $2,203.91 for the truck, bringing the total to $56,865.75. The 1981 truck replaced a 1975 International which was sold at a public sale to the highest bidder. Our main large truck snowplow fleet has consisted of four units since the last one was added in 1978. Since 1978, the City has added 8.4 miles of streets and 18 cul -do -sacs. Even with the additional increase in service area, City staff has achieved a goal of having the streets cleaned within an 8 -hour period of time. We have been able to accomplish this by having modern, woll-maintainod equipment and woll-trainod personnel. The addition of a road patrol or grader to our fleet in 1979 also increased our efficiency, as well as the upgrade to the newer model Catepillar grader. With the 1981 Chevrolet essentially taken out of service, we aro now short one plowing, sanding, hauling unit. We propose to got by until a replacement truck arrives by utilizing the existing small ono -ton truck we have, which has boon put into use in some of the smaller parking lots and on a few cul -do - sacs during lighter snow falls, and by use of the snowplow 22 Council Agenda - 10/15/91 left on the 1981 Chevrolet het machine. Because of the necessity to drain and protect the Jet unit, it would only be used in heavier snows. Without the Ford truck, it will take us a little longer to haul our sand/salt for the winter supply, and we may find ourselves in a situation of having to contract out some snow hauling this winter. As previously stated, it has been a goal of the public works department to clear all streets of snow within an 8 -hour period. This also includes the commuter parking lot. The other parking lots are completed after the streets are cleared. Those parking lots are cleared with a combination of the one -ton, the loader, and one of the heavier snowplow trucks. It is the opinion of the Public Works Director and Street Superintendent that four heavy snowplow units are essential to meet our snowplowing goals in this community, as well as other operations involving transporting materials during other seasons of the year. If one were to look at any contracting, it may be in the area of the parking lots; however, contracting would be of no advantage during light to medium snow falls, as parking lots are cleared quickly. The only advantage would be to contract parking lot plowing when heavier snow conditions are encountered when city crews are delayed from getting to the parking lots because of extensive street plowing. This rarely happens; but if these conditions are encountered, it is most likoly that other private contractors are extremely busy and may not wish to enter into a contract for plowing during only extremely heavy conditions on a moment's notice. With the addition of the now truck, the oldost truck in our plowing fleet would then be the 1978 International, which should probably be replaced in 1993 or 1994. Although the body is getting rusty and we've had come mechanical problems with tho unit, overall it was a better plow truck than the 1981 Chevrolet. The now snowplow unit comploto le expected to cost approximately $61,000. We had expected to recover about $6,000 or $7,000 from a trade-in and, consoquently, placod an amount of $55,000 in tho 1992 budget. A copy of tho spocifications on the truck and equipment are onclosod for your roviow. 23 Council Agenda - 10/15/91 B. ALTERNATIVE ACTIONS: 1. The first alternative is to approve the specifications for the new truck and snow equipment, to authorize advertisement for bids returnable Monday, October 28, and to allow staff to advertise and sell to the highest bidder the 1972 International truck, box and hoist, and sander. 2. The second alternative would be to modify the specifications as recommended by the City Council and after those adjustments are made, advertise for bids returnable October 28, and to sell the 1972 International and equipment to the highest bidder. 3. The third alternative would be not to approve the specifications nor advertise for bids for a new truck and to authorize staff to contract street plowing, snow hauling, and parking lot plowing as necessary to meet our goals and authorize City staff to sell the 1972 International and equipment to the highest bidder. C. STAFF RECOMMENDATION: It is the recommendation of the Public Works Director and Street Superii..:endent to approve the specifications as outlined in alternative Al and allow us to advertise for both a now truck and for the sale of the 1972 International. Current policy allows City staff to contract for assistance with snow hauling when conditions do not allow us to remove snow from Broadway in a reasonable length of time. We have occasionally over the years contracted for assistance with one and sometimes two trucks for thoso operations. It is our opinion that the only other contracting practical would be for plowing of parking lots during heavy conditions. Contracting for plowing parking lots when they can be plowed with City equipment during regular hours is not practical or cost effective. Staff would welcome Councilmember Blonigon's assistance in the final plow and wing selection. We would expect to visit Brooklyn Park and Little Falls to verify the plow and wing suitability for our needs. SUPPORTING DATA: Copy of the specifications for the truck and snow equipment. 24 CITY OF MONTICELLO INVITATION FOR BIDS FOP. 1 SINGLE AXLE TRUCE, CAB, 1lND CHASSIS AND ACCESSORIES Time and Place Sealed bids will be received by the City of Monticello, 250 East Broadway, Monticello, Minnesota, until 2:00 p.m., Monday, October 28, 1991, for furnishing and the delivery of: 1 new 1992 single axle truck, cab, and chassis with accessories as specified. Intent of Contract Furnish and delivery to the City of Monticello one new 1992 single axle truck, cab, and chassis with accessories meeting or exceeding the specifications of this proposal. Only trucks and accessories in current production will be considered in the award. Bid Bond All proposals must be accompanied by a certified check or bidders bond made payable to the City of Monticello for at least 58 of the amount of the proposal, said surety to be forfeited to the City if bidder is awarded a contract and fails to fulfill same. General Specifications The unit bid and accessories shall be a new currently advertised standard production model with all the latest changes and features. The enclosed specifications contemplate the furnishing and delivery of the above truck. The truck shall be bid as a complete unit with all the attachments and auxiliary equipment necessary to place it in an operating condition. The unit shall be supplied with all of the items required by federal, state, and local laws governing such equipment. 5. warranty The successful bidder shall furnish the manufacturer's standard new warranty and shall properly replace or repair defective material parts, workmanship, and/or inadequate design at no cost to the purchaser in accordance with such warranty. Dolivery Points Bidders shall quote delivered price. The vehicle called for hereunder shall be delivered to the City of Monticollo. TRUCK SPEC: 10/11/91 Pago 1 7. Delivery Dates Bidders shall indicate on the attached proposal form the number of calendar dates after receipt of order by which time all items specified shall be delivered. A City of Monticello purchase order shall constitute notification of award and official order. 8. Liquidated Damaqes Time of delivery is an essential and critical provision of these specifications. If the successful bidder fails to deliver the items pursuant to the delivery schedule indicated on the proposal form, the purchaser shall have the right to deduct from any money or monies due or coming due to the successful bidder as liquidated damages the sum of $25.00 per calendar day for each day delivery is postponed beyond the delivery date as indicated on the attached proposal form, except for delays caused by acts of God or manufacturer strikes which are beyond the control of the bidder. Any sums so deducted are not to be construed in any sense as a penalty but rather liquidated damages sustained by reasons of extra costs incurred by the purchasers. 9. Collusion of Bidders Collusion between bidders is cause for rejection of all bids of bidders thus involved.. C TRUCK SPEC: 10/11/91 Page 2 Front Axle: Minimum 16,000 pound capacity with Stompco oil seals or equal, with 9,000 pound spring capacity at each pad. Bid shall include installation of up to 2 extra leafs in front springs to compensate for front-mountod snow wing. Electrical: Alternator, minimum 85 AMP capacity; batteries, 3 maintonance-free 625 CCA minimum. Fuel Tank: Left-hand step tank, minimum capacity 50 gallons. C TRUCK SPEC: 10/11/91 Pago 3 0 SPECIFICATIONS FOR NEW 1992 MODEL SINGLE AXLE TRUCK, CAB, AND CHASSIS WITH ACCESSORIES FOR THE CITY OF MONTICELLO G.V.W.: 36,000 pound minimum Wheel Base: 162 inches to 174 inches Cab to Axle: 102 to 108 inches (102 preferred) Engine: Diesel powered, minimum 225 h.p. @ 2300 rpm, with dry type of air cleaner with restriction gauge, mechanical governor, horizontal muffler with vertical stack and guard on right side along side cab (not to extend behind cab), full flow oil filter, cold weather starting aid, winter front or automatic radiator shutters, block heater. Transmission: Allison MT 653, 5 -speed automatic, capable of being held in low, third, and fourth gear without automatic upshift unless desired. Rear Axle: 23,000 pound capacity minimum, single speed, Approximate ratio 5.57 to 1 with 11,500 pound I springs at each pad minimum, and 2.250 pound auxiliary springs at each pad minimum. Brakes: Service -full air 12 C.F.M. compressor minimum with dual air tanks, drain cocks, air pressure gauge, low air pressure buzzer, Scam type brakes, air dryer, with spring set parking brake. Steering: Power assist. Front Axle: Minimum 16,000 pound capacity with Stompco oil seals or equal, with 9,000 pound spring capacity at each pad. Bid shall include installation of up to 2 extra leafs in front springs to compensate for front-mountod snow wing. Electrical: Alternator, minimum 85 AMP capacity; batteries, 3 maintonance-free 625 CCA minimum. Fuel Tank: Left-hand step tank, minimum capacity 50 gallons. C TRUCK SPEC: 10/11/91 Pago 3 0 Frame: Section modules including reinforcements shall not be less than 15.9 with an RBM of not less than 915,000 inch pounds. The frame shall have a 24 - inch integral front frame extension. The bolt on type will not be allowed. In addition, a crank shaft PTO adapter plate shall be furnished along with standard radiator opening for front pump drive. Cab: A. Air suspension low back driver seat. B. Fixed frame companion seat. C. Dual exterior rear view mirrors, 6 inches x 16 inches retractable stainless steel only. D. Dual sun visors. E. Heavy duty heater and defroster. F. Black rubber floor mat. G. Standard AM/FM radio. H. Dual electric 2 -speed windshield wipers, time delay feature, with washers (bottle under hood). I. Marker lights. J. Turn signals with emergency flashers. K. Oil pressure gauge and buzzer. L. Water temperature gauge and buzzer. M. Transmission temperature gauge. N. Tachometer and hour meter. O. Full tilt hood with butterfly openings. P. Paint - standard factory paint to match Dupont orange ®60659. Q. Grab handles for entry both sides. R. Tintod windshield. Wheels/Tires: Cast spoke design wheels, 2 -piece rime, 8 -inch minimum width. Tires shall be first line steel belted radials, 11 R 20, 14 -ply tube typo tires with regular tread front and all weather mud and snow on the rear. A right roar whool mountod mechanical back-up arm shall be furnished and installed. Electrical Protection: Circuit breakers shall be provided in lieu of fuses. Service Manuals: Furnish a complete set of service and parts manuals for the body, chassis, running gear, and electrical systems. TRUCK SPEC: 10/11/91 Page 4 0 PROPOSAL FORM CITY OF MONTICELLO FOR ONE (1) NEW 35,000 POUND G.V.W. SINGLE AXLE TRUCK, CAB, AND CHASSIS WITH ACCESSORIES AS SPECIFIED 1992 MODEL City Administrator City Hall 250 East Broadway Monticello, MN 55362 The undersigned, having carefully read the foregoing specifications and conditions relating to the subject equipment, hereby proposes to furnish the following equipment at the price indicated, all in accordance with said specifications and conditions. Item 1. One (1) new 35,000 G.V.W. single axle truck, cab, and chassis with accessories. $ Make/Model Item 2. Deliver: calendar days after receipt of / purchase order. `- Bid Bond or Certified Check $ The City reserves the right to reject any or all proposals or award the purchase based upon price, delivery, service L model features, or other items in the best interest of the City. The proposals may not be withdrawn for a period of 30 days from the opening. Signature of Authorized Officer Company Address City/State Zip Date TRUCK SPEC: 10/11/91 Page 5 INFORMATION REQUIRED FROM BIDDER 1. ENGINE: Make Engine Manufacturer's Model No. of Cylinders No. of Main Bearings Bore Stroke Displacement Torque at RPM. Horsepower at RPM. 2. AXLE: Front - Capacity 3. AXLE: Rear - Manufacturer b Model No. Type Gear Ratio ATED Capacity 4. SPRINGS: Rear - Rated Capacity each at Pad Front - Rated Capacity each at Pad 5. TRANSMISSION: Automatic Make f 6. DIMENSIONS: Wheelbase Cab -to -Axle 7. TIRES - Manufacturer 8. WARRANTY: Power Train Body 6 Elec. 9. CURRENT REPAIR COSTS - Parts and labor for following repairs: A. Remove and replace all injectors, adjust valves, check pump timing, check and adjust RPM s, steam clean engine and check fan, hub, and all belt tension and road test. Material b Labor f B. Replace main and rod bearings, install now oil and filters. Material b Labor i COMPLIANCE: The bidder proposes to furnish the truck, cab, and chassis with accessories in full compliance with these specifications except as follows: 1. 2. 3. TRUCK SPEC: 10/11/91 Pago 6 �� CITY OF MONTICELLO INVITATION FOR BIDS ONE (1) SNOWPLOW, WING, HITCHES, SANDER AND ACCESSORIES Sealed bids will be received by the City of Monticello, 250 East Broadway, Monticello, Minnesota, until 2:00 p.m., Monday, October 28, 1991, for furnishing, installaticn, and delivery of: One snowplow, wing, hitches, sander, and accessories as specified. All bids shall be addressed to the City Administrator, City of Monticello, 250 East Broadway, Monticello, Minnesota 55362, and shall be submitted on a proposal form included in the specifications. Copies of the specifications and other documents are on file with the City Administrator and can be obtained by contacting City Hall at 250 East Broadway, Monticello, Minnesota 55362. All bids shall be accompanied by a cashier's check, certified check, or bid bond payable to the City of Monticello for an amount not less than 5% of the bids. The City of Monticello reserves the right to reject any or all bids, to waive any informalities in the bidding, and to accept any bidding to be in the best interest of the City of Monticello. No bid may be withdrawn within thirty (30) Ll days of the bid opening. By Order of the City Council Rick Wolfstoller City Administrator City of Monticello, Minnesota Wright County CSNOWPLOW SPEC: 10/11/91 Page 1 CITY OF MONTICELLO INVITATION FOR BIDS ONE (1) SNOWPLOW, WING, HITCHES, SANDER, AND ACCESSORIES 1. Time and Place Sealed bids will be received b- the City of Monticello, 250 East Broadway, Monticello, Minnesota, until 2:00 p.m., Monday, October 28, 1991, for furnishing, installation, and delivery of: One snowplow, wing, hitches, sander, and accessories as specified. 2. Intent of Contract Furnish, install, and deliver to the City of Monticello one (1) new 1992 snowplow, wing, hitches, sander, and accessories meeting or exceeding the specifications of this proposal. Only equipment in current production will be considered in the award. 3. Bid Bond All proposals must be accompanied by a certified check or bidders bond made payable to the City of Monticello for at least 58 of the amount of the proposal, said surety to be forfeited to the City if bidder is awarded a contract and fails to fulfill same. 4. General Specifications The bid equipment shall be a new currently advertised standard production model with all the latest changes and features. The enclosed specifications contemplate the furnishing and installation of the above snow equipment. The equipment shall be bid as a complete unit with all the attachments and auxiliary equipment necessary to place It in an operating condition ready for service. The unit shall be supplied with all the items required by federal, state, and local laws governing such equipment. 5. Warrantv Tho successful bidder shall furnish the manufacturer's standard now warranty and shall properly replace or repair defective material parts, workmanship, and/or inadequate design at no cost to the purchaser in accordance with such warranty. 6. Dolivery Points Bidders shall include delivery and installation in their price. The truck shall bo picked up by the bidder in Monticello and roturnod after installation of the equipmont. SNOWPLOW SPEC: 10/11/91 Pago 2 7. Delivery Dates Bidders shall indicate on the attached proposal form the number of calendar dates after receipt of order by which time all items specified shall be delivered. A City of Monticello purchase order shall constitute notification of award and official order. S. Liquidated Damaqes Time of delivery is an essential and critical provision of these specifications. If the successful bidder fails to deliver the items pursuant to the delivery schedule indicated on the proposal form, the purchaser shall have the right to deduct from any money or monies due or coming due to the successful bidder as liquidated damages the sum of $25.00 per calendar day for each day delivery is postponed beyond the delivery date as indicated on the attached proposal form, except for delays caused by acts of God or manufacturer strikes which are beyond the control of the bidder. Any sums so deducted are not to be construed in any sense as a penalty but rather liquidated damages sustained by reasons of extra costs Incurred by the purchasers. 9. Collusion of Bidders Collusion between bidders is cause for rejection of all bids of bidders thus involved. C SNOWPLOW SPEC: 10/11/91 Pago 3 SPECIFICATIONS FOR NEW SNOWPLOW, WING, HITCHES, SANDER AND ACCESSORIES TO INCLUDE INSTALLATION Installation: All of the specified equipment shall City's new single axle dump truck with front frame extension. The snow e include all necessary hoses, fittings, to hook up to the truck's existing complete, be in operating condition attachments shall have hydraulic quit Plow and Winq Hitch: include installation on the a 12 -foot body and internal quipment installation shall rackets, and accessories as valve body and shall, when ready for service. All k couplings. It shall be a custom made heavy duty front hitch with a minimum 1/2 side plates attached in front and behind spring shackles and heavy 10 -inch channel iron bumper. It shall allow cab hood to tilt when wing post removed. Front wing post shall side shift and be removable and have a single acting cylinder that will allow approximately 20 inches of cable/hydraulic vertical front post lift to allow limited shelving. Wing post must be capable of being removed for summer by unbolting. The wing bracing shall not require more than a 3 -inch space between cab and box. Any modifications to truck exhaust or basic equipment necessary for installation of snow equipment shall be included in bid. The plow and wing mount shall be a pin on type. Hitch shall be painted with one coat primer and two coats Dupont Emron (no exceptions) to match truck color. Two Dietz 9-85002 plow lights shall be furnished and installed with hitch. Falls No. 40/TAH-9, Frink low mount wing or approved equal. Sand Spreader: Shall be with a shall be shall he couplers shall be the own capable attachm one coo match t hydraulically powered, solf-c single self -leveling spinner w located at least 12 inches fro ve reverse flighting on spinner shall be provided. Separate hydraulic and mounted in the c or. Sander shall be equipped w of discharging Class V gravel w onts must be on right side. Se t primer and two coats of Dupo ruck color. Falls 1AS or Monro SNOWPLOW SPEC: 10/11/91 leaning under tailgate type ith deflector. Dump chute m side of sander, and auger end. Hydraulic disconnect auger and spinner controls ab in a location approved by ith shouldering attachments ithout jamming. Shouldering nder shall be painted with nt Emron (no exceptions) to o or approved equal. Pago 4 Wing: Wing shall have 9 -inch cutting edge and shall be made with 10 -gauge high strength carbon steel with heavy duty braces. It shall have a cutting edge 3/4" X 8" high carbon with aasho punching. The cutting edge and lower mold board support shall be of the "trip edge" design. The entire cutting edge and support shall be spring loaded and trip to clear an obstruction then return to cutting position. Wing shall have pin connection for easy removal and have heavy duty spring cushioned telescopinq push bar with safety shear pin. It shall be painted with one coat primer and two coats Dupont Emron (no exceptions) to match truck color. Falls or Frink wing 9 -foot or approved equal. Plow: The plow shall be 11 feet wide and of the power reversible trip edge type mold board design with straight cutting edge. The overall height shall not be less than 42 inches nor more than 50 inches. Tripping shall be trip edge. The tripping mechanism shall be a sectional trip edge design allowing individual sections to trip independently and return automatically. The plow shall be fully reversible by means of hydraulic ram on worm gear both with over load protection. The plow shall mount through the use of easily removable pins. Cutting edge shall be 3/4" x 8" with aasho punching. Plow shall be painted with one coat primer and two coats of Dupont Emron (no exceptions) to match truck color. Falls, Frank, or approved equal. The plow hookup shall match the plow hitch on the truck and all other city trucks with the Falls No. 40 hitch. Manuals: The successful bidder shall furnish all parts and service manuals. Warranty: The bidder shall provide copies of all warranties with the bid. C SNOWPLOW SPEC: 10/11/91 Page 5 CITY OF MONTICELLO INVITATION FOR QUOTATIONS FOR ONE (1) 12 -FOOT DUMP BODY WITH HYDRAULICS ACCESSORIES Time and Place Quotations will be received by the City of Monticello, 250 East Broadway, Monticello, Minnesota, until 2:00 p.m., Monday, October 28, 1991, for furnishing, installing, and delivery of: One (1) new 1992 12 -foot dump body with hydraulics and accessories as specified. Intent of Contract Furnish and install on the City of Monticello's truck, cab, and chassis one new 1992 12 -foot dump body with hydraulics and accessories meeting or exceeding the specifications of this proposal. Only truck body equipment in current production will be considered in the award. 3. Bond All proposals must be accomplished by a certified check or bond made payable to the City of Monticello for at least 58 of the amount of the proposal, said surety to be forfeited to the City if vendor is awarded a contract and fails to fulfill same. General SDocifications The quoted equipment shall be new currently advertised standard Production models with all the latest changes and features. The enclosed specifications contemplate the furnishing and installation of the above truck, body, and accessories. The equipment necessary to place it in an operating condition ready for service. The equipment shall be supplied with all of the items required by federal, state, and local laws governing such equipment and be quoted as a complete unit with all attachments and auxiliary. 5. warranty The successful vendor shall furnish the manufacturer's standard now warranty and shall properly replace or ropair defective material parts, workmanship, and/or inadequate design at no cost to the purchaser in accordance with such warranty. DUMP BODY SPEC: 10/11/91 Page 1 6. Delivery Points Vendors shall include delivery and installation in their price. The cab and chassis shall be picked up in Monticello and returned after installation of equipment. 7. Delivery Dates Vendors shall indicate on the attached proposal form the number of calendar dates after receipt of order by which time all items specified shall be delivered. A City of Monticello purchase order shall constitute notification of award and official order. B. Liquidated Damages Time of delivery is an essential and critical provision of these specifications. If the successful vendor fails to deliver the items pursuant to the delivery schedule indicated on the proposal form, the purchaser shall have the right to deduct from any money or monies due or coming due to the successful bidder as liquidated damages the sum of $25.00 per calendar day for each day delivery is postponed beyond the delivery date as indicated on the attached proposal form, except for delays caused by acts of God or manufacturer strikes which are beyond the control of the bidder. Any sums so deducted are not to be construed in any sense as a penalty but rathor liquidated damages sustained by reasons of extra costs incurred by the purchasers. 9. Collusion of Vendors Collusion between vendors is cause for rejection of all quotes of vendors thus involved. CDUMP BODY SPEC: 10/11/91 Page 2 SPECIFICATIONS FOR NEW 1992 MODEL 12 -FOOT DUMP BODY WITH HYDRAULICS The enclosed specifications for the dump body and hydraulics contemplate the furnishing and installation of such equipment on a 1992 model truck cab and chassis owned by the City. Vendors will be required to pick up the truck cab and chassis in Monticello and return same with the specified equipment installed complete as an operating unit. Dump Bodv and Hydraulics: The dump body and hoist shall be made by the same manufacturer, Heil, Crysteel, or approved equal. The box shall be no less than 7 feet wide and shall be 12 feet long with a capacity of 8 cubic yards with ends for a capacity of 10 cubic yards. Corner posts shall be adapted for the use of side boards and shall include the necessary pockets. The box floor shall be constructed of 8 -gauge hi-tensil steel with 10 -gauge hi-tensil steel sides. The corners shall be radiuses. The top edges of the box shall be fully boxed, and the rear corner posts shall be full length. A 1/2 cab shield shall be welded to the front of the box. Floor crossmembers shall support floor every 12 inches. Crossmembers preferred to be interlaced. Side reinforcing shall not exceed either 24 inches horizontally or 24 inches vertically depending on type of reinforcement. All seams shall be continuously welded to prevent corrosion and add strength. The running boards on the outside of the box shall be tapered, and a step shall be provided above each rear wheel for access into the box. Rear brake and tail lights shall be recessed into each rear corner post and shall be provided with a steel protection rim. The rear of the dump body shall be reinforced with a full width rear apron and a heavy duty continuously welded tailgate. The tailgate and hardware should be double acting with minimum 1-1/4 inch top pins and bottom heavy duty latches supported by 2-3/8 inch saddles on each side. Spreader chains shall be minimum 5/16 diameter stress -proof chain. The tailgate shall be braced with at least two horizontal braces continuously welded. Front board extension shall reach to top of front. The space betwoen the box and the cab shall be the minimum as directed by the manufacturer of the truck box, but not loss than 3 inches. The paint for the box shall be minimum one coat of Dupont primer and two coats of Dupont Emron on top, bottom, sides, and insides to match the color of the truck or approved equal. DUMP BODY SPEC: 10/11/91 Page 3 Hoist: The hoist shall be an NTEA Class 70 underbody type hoist with power up and power down double lift arms. Lifting and lowering cycle time at 1500 engine RPM is to be stated on proposal by bidder. Mounting height of hoist preferred not more than 13 inches. Hydraulic Pump: The pump shall be directly driven by a Spicer 1300 Series drive line from the crank shaft of the engine. The hydraulic pump shall be U.S. made, pressure/flow compensated (load -sensing). Both compensators must be screw adjustable. The pump shall be capable of 23 gallons per minute at 3,000 PSI at 2300 RPM's and shall be a Cressna Model, REX Roth, or approved equal. Hydraulic Control Valve: The hydraulic control valves shall be mounted outside and behind the vehicle cab between the frame rails. The hydraulic valve shall be of the sectional type Gresen Model V20LS or approved equal. The valve shall be the closed center load -sensing type capable of 30 gallons per minute at 3500 PSI. The pilot line will. run from the valve outlet cover to the pressure compensator on the pump. The valve shall be controlled by Morse Remote Valve Control Cable System with sealed cables. They shall be the bonnet type connections at the valve bank as to seal the hydraulic valve spool ends. The valve controls will be mounted to the right of the driver set in the location and angle as directed by the purchaser. Valves section is to include an LS902 valve installed and plumbed to accept sander. The cables shall be stainless steel core capable of 100 pounds push or pull. One dual axis valve control and 4 single axis controls shall be provided. There Shall be provided a bank of 6 valves to control the various accessory functions of the vehicle. Where necessary and directed, each valve shall have an Incorporated pressure relief system in it to operate low pressure accessories. The hydraulic connection shall be made with JIC 37 degree flare or o -ring boss permanent fittings to prevent leakage. All hydraulic hose shall be U.S. made and adequately SAE rated. Hydraulic Oil Reservoir: The hydraulic oil reservoir shall be a baffled tank with a minimum capacity of 25 gallons. The tank shall have a magnetic drain plug and be located on the left aide of the vehicle between the battery box and the rear springs. The tank shall have an air tight fill cap incorporated into the reservoir. The tank shall be filled with DUMP BODY SPEC: 10/11/91 Page 4 approved hydraulic oil capable of a -40 degree Fahrenheit pour point. An easily accessible filter such as the FTM1 or Gresen shall be mounted on the tank. Box Shaker: The box shall be fitted with a hydraulic box shaker driven by a 12 -volt electric motor. The shaker shall be securely welded to the cross braces of the box and shall be operated via a dash -mounted switch. Lights: All lights, including the previously referenced box tail lights, shall be provided as required by D.O.T. 108. Safety Equipment: Mud flaps and chains shall be installed forward of the duals and behind the duals on the body skirt. Furnish and install dual body safety props. Manuals: Vendor shall provide all operational manuals and complete parts and service manuals on all equipment provided. Warranty: Vendor shall provide copy of all warranties for equipment provided. CDUMP BODY SPEC: 10/11/91 Page 5 PROPOSAL FORM CITY OF MONTICELLO FOR ONE (1) NEW 12 -FOOT DUMP BODY, HOIST, HYDRAULICS AND ACCESSORIES INSTALLED AS SPECIFIED City Administrator City Hall 250 East Broadway Monticello, MN 55362 The undersigned, having carefully read the foregoing specifications and conditions relating to the subject equipment, hereby proposes to furnish the following equipment at the price indicated, all in accordance with said specifications and conditions. Item 1. One (1) new 12 -foot dump body, hoist, hydraulics, and accessories installed es specified. S Make/Model: Body: Hoist: ( Pump: Cycle Time: Item 2. Delivery and Installation: calendar days after receipt of purchase order. Bond or Certified Check S The City reserves the right to reject any or all proposals or award the purchase based upon price, delivery, servicer model features, or other items in the best interest of the City. The proposals may not be withdrawn for a period of 30 days from the opening. C Signature of Authorized Officer Company Address City/State Date Zip DUMP BODY SPEC: 10/11/91 Page 6 Council Agenda - 10/15/91 12. Consideration of adopting a resolution authorizing preparation of a Meadow Oak pond outlet feasibility study. (J.O.) REFERENCE AND BACKGROUND: At the previous meeting of the City Council, Council considered authorizing a feasibility study for the purpose of defining the extent of the problem associated with the absence of a storm water outlet to the Meadow Oak pond and to determine alternative methods for providing an outlet to the pond. At the previous meeting, Council was informed that the feasibility study will examine development of a storm water system that would be a combination overland and underground system conveying water through lowland owned by Gene Bauer and through property slated for residential development, which is owned by Rod Norell. The storm sewer system might also pass through property owned by Joanne Haliiger which is now in the process of being platted or simply down Gillard Avenue to the river. City Council requested that Gene Bauer and/or his neighbor to the east be contacted to determine their interest in allowing the storm water system to cross their property. John Simola and Rick Wolfsteller have contacted affected property owners, and all have indicated an interest in allowing the storm water system to pass through their property with some conditions. Rod Norell Although City staff was unable to give Norell final information regarding the depth and location of the storm sower, Norell was generally willing to allow the storm sower to pass through the property as long as his concerns were addressed. The concern expressed by Norell was with regard to any assessment against his property. It was his view that he is not ready to develop his land at this time, and his property cannot sustain a significant assessment against it. He also recognized, however, that the storm water system could benefit his property by providing drainage needed when he develops his area into a residential subdivision; therefore, he appears to want to work with the City in development of this system. He was not anxious to look at something that would be built sooner than two to five years. East View Plat As you know, Doan Hoglund and Ken Schwarz have requested that Council consider approving a preliminary plat which would result in the subdivision of property owned by Joanne Halligar. The East View plat is currently in the review Council Agenda - 10/15/91 process with Council review planned for the second meeting in October. It is possible that the storm water outlet will pass through the Halliger property; however, it is not known at this point where the storm water system will be located. Therefore, it is impossible to define the proper drainage and utility easements needed with the final plat. Preparation of the feasibility study at this time will allow us to define the position of the storm water system through the Halliger property and will allow the City to obtain necessary easements prior to the recording of the final plat. Gene Bauer Gene Bauer owns land between the freeway and Gillard Avenue. Some of his land is relatively low and unusable due to the ineffectiveness of the existing ditch 33 drainage way. Mr. Bauer appeared to be interested in allowing development of a city storm water system that would result in improved drainage. Again, Bauer was somewhat supportive of the concept; however, he did not want to make a commitment until more detailed Information regarding the system could be provided to him. One of Bauer's concerns was that the system should be designed to allow water to pass completely through the property and not include any ponding. Another concern was that any open cut on the property must be limited, especially in areas where the cut needs to be particularly deep. As an additional note, there is a possibility that the City could receive some funds from the State of Minnesota associated with providing managemont of storm water coming off of the freeway right-of-way. The feasibility study will also be exnmining the possibility of obtaining the funds from this revenue source. Information provided to Council regarding this item at the previous meeting remains essentially the same except for the additional information noted above regarding input from various proporty owners affected. B. ALTERNATIVE ACT r ONS: 1. Motion to adopt a resolution ordering a Meadow Oak pond outlot feasibility study at an estimated cost of $3,500. Under this alternative, Council will have the information that will enable it to determine the true extent of the existing problem and identify when the outlet noods to be 26 C Council Agenda - 10/15/91 constructed relative to a growing residential development in the watershed area, and it will identify the most cost effective way to provide an outlet. 2. Motion to deny authorization to proceed with development of a feasibility study. Council could take a position that the present pond and park area is of sufficient size and capacity to handle any short-term storm water demand, and there is no imminent threat of flooding; therefore, the storm water study is not necessary at this time. STAFF RECOMMENDATION: There appears to be general support from the property owners affected by the storm water outlet, which was Council's major concern at the previous consideration of this matter. It makes sense to complete the feasibility study as the first step toward development of a strategy providing a pond outlet. Failure to study the problem and respond accordingly on a timely basis could result in storm water problems for the Meadow Oaks area, including stifling of future residential development, loss of usable park land to high water, and flooding of yards adjacent to the pond. D. SUPPORTING DATA: Resolution authorizing Meadow Oak pond outlet feasibility study; Letter from OSM outlining project scope and providing feasibility study cost estimate; Area maps. 27 RESOLUTION 91 - RESOLUTION AUTHORIZING PREPARATION OF MEADOW OAI{ POND OUTLET FEASIBILITY STUDY WHEREAS, The Meadow Oak retention pond is limited in terms of storm water capacity and was originally designed to have an overflow outlet, and WHEREAS, the outlet to ditch 33 as originally constructed has been sealed, and WHEREAS, extended periods of rain or unusually heavy rainfall could result in the loss of usable park land to high water or could result in inundation of private property, and WHEREAS, without development of an outlet, much of the Meadow Oak PUD area already served by sewer and water service may be prohibited from developing because of the additional run-off that would result from development, and WHEREAS, the City Council of Monticello desires to obtain outlet information necessary to develop a strategy for solving long-term storm water problems within the watershed, which could include / development of a Meadow Oak storm water pond outlet. LET IT THEREFORE BE RESOLVED that the City of Monticello hereby authorizes the City Engineer to prepare a Meadow Oak pond outlet feasibility study at an estimated cost of $3,500 as proposed in the City Engineer's lotter to the City dated September 19, 1991. Adopted this 15th day of October, 1991. City Administrator C Mayor 9 SE^ 1? �?1 15:10 �Frl rV-Lc. rw •• P.-1 rr QSXoSchelrn Mayeron A Aswcatrs, Inc 2021 Fria Hennepin Avenue MinneIpolls. a1r155:13 612331-11660 FAX3313806 Engineers September 19, 1991 A:ehaeers Planners Surveyors Mr. John Simola City of Monticello 250 East Broadway Monticello. MN 55362 Re: Meadow Oaks Pond Outlet USM Project No. 0325-91 Dear Mr. Simola: This letter is in response to recent discussions regarding the outlet for the stortnwater retention pond located in the Meadows Oaks Subdivision. Heavy precipitation during the past few week; has caused this pond to increase in size and elevation resulting in concern for the residents living adjacent to the pond. This pond was sized to accommodate the 100 year return frequency 24 hour design rainfall event without the need of a positive outlet. However, City policy dictates that all ponds shall have a positive outlet which allows the pond to drain to its normal water elevation after a large event storm. The outlet eliminates the reliance on percolation and evaporation to lower the water level to its normal elevation. Therefore, a storm sewer outlet was constructed to Wright County Ditch No. 33 during the utility improvement project for the development. Due to the deterioration of County Ditch No. 33 and the e:ttreme opposition to any improvement of the ditch, the outlet has since been plugged. The recent development of Briar Oakes Estate has again initiated interest in the necessity of an outlet for the pond. It is our understanding that based on your discussions with the County, improvement to Ditch No. 33 Is still not a viable option. Therefore, the development of a feasibility report to study various alternatives is warranted. The proposed feasibility report will concentrate on the following issues: 1. How soon is an outlet necessary? What are the drawbacks of not installing an outlet for the pond? 2. What is the potential discharge from the pond under existing and fully developed conditions? 3. Is there a potential of cost participation from MnDOT if an outlet is constructed to the Mississippi River? /Z SEP 19 '91. IS: 11 ",GN PFU- t•rl '. Mfr. John Simola September 19, 1991 Page 2 P. 4. What are the ramifications of crossing the property behveeu the pond and river? 5. What is the estimated cost of the project? The scope of the project will be further defined after the project is initiated. We are proposing to complete the feasibility study on a cost plus materials basis, with an estimate of $3,500. litis estimate should not be constmed as a cost not to exceed nor as a minimum cost, but as a preliminary estimate of work to be performed. Because the project includes the possibility of a substantial amount of coordination, the engineering fee is not typical of a standard feasibility report. lberefore, should the project proceed to construction, we will credit the construction project design fee by an amount equal to 15 percent of the design fee or the cost of the feasibility report, wNcbever is less. If you have any questions regarding this estimate, please do not hesitate to contact us. Sincerely, ORR-SCHELEN-MAYERON & ASSOCIATES INC &J�J- Bret A. Weiss, RE City Engineer /r,mw 0919-cotn.js2 c: Rick Wolfsteller, City of Monticello Jeff O'Neill, City of Monticello Edward Ames LS. Vice President 0 OUTLET To Ditch 33 original route �hy Study? Full development of area not possibl Without pond outlet. Use of Ditch 33 may not be viable due to County/Township resistance. Alternative routes cost and implicat not understood. Where should We inve: offorts. Is development of an outlet absolute: necessary? If so, at what stage of area residential development MUST the outlet be installed. M SEWER MAP I W I ' N E 111 ST r T Alternadve Route .�o T To Ditch 33 original route �hy Study? Full development of area not possibl Without pond outlet. Use of Ditch 33 may not be viable due to County/Township resistance. Alternative routes cost and implicat not understood. Where should We inve: offorts. Is development of an outlet absolute: necessary? If so, at what stage of area residential development MUST the outlet be installed. M SEWER MAP �e.iFref . '� 4._«._•e�3 r^"r'ir., 39 }`dam_:": -� ai .�__•'_ :BraW. zy �_„_ '•}!� �!'--i''•':'ei~,••T'! i f- :t •••S— '• Y. •a(.r �+ '}�_•.-�SYJ�.-F�.�pl'�•t f��. M1i�..� . . �x.rr.. t1tY 71»r t,�---�+' t •___ Z_ it '•/ ti. Ii.• _- yi'__= lL. 4 r� LEGEND' ■,■a■uuuu■■■■■,■. Existing Ripe Hetwork fJ Existing Surface Drainage _._._ a_�r_��'_._ • -----� - -Rroposa�i!fPe'ttetwork�— h' � �_' -tit_--'---__.• t ___'__ .L_ _ i; .' ••! _ - f vot '' Hour, 14 • r',,r' '� fir”' � _� Council Agenda - 10/15/91 13. Consideration of a request to amend Section 3-2 B 5 of the Monticello Zoninq Ordinance bV replacing the phrase "in the R- 1 single family residential and R-2 sinqle family districts" with the phrase "in all residential zoning districts.", (J.O.) A. REFERENCE AND BACKGROUND: This is a housekeeping matter. Council is asked to consider making a very slight modification to the ordinance amendment recently adopted which required that single family construction include development of a garage with a minimum size of 400 square feet. City staff has discovered that the language adopted requires that the two -car garages are required in the R -I and R-2 zone. The original amendment is lacking because there is no reference made in the amendment to the two -car garage requirement in the PUD or R-3 zones. It is staff's view that the original intent of the ordinance amendment was to require two -car garages to be constructed with single family dwellings in all residential zones within the community. Planning Commission recommended approval of the amendment based on the finding that it was the original Intent of the ordinance to apply to all residential zones. B. ALTERNATIVE ACTIONS: 1. Motion to approve amendment to Section 3-2 B 5 of the Monticello Zoning Ordinance by replacing the phrase "in the R-1 and R-2 districts" with the phrase "in all residential zoning districts." This motion could be based on the finding that the proposed language is consistent with the intent and finding established by the Planning Commission and City Council during previous consideration of this item in July of 1991. Attached are the meeting minutes of the meeting in July at which time the Planning Commission reviewed the original ordinance amendment. This alternative lends clarity to the section of the ordinance describing the garage requirement and may more accurately reflect the Intent of the City with regard to establishment of the two -car garage requirement. This alternative will also allow the City to enforce the two -car garage requirement in the Meadow Oak area, which was one of the original reasons for establishing the ordinance amendment in the first place. 2. Motion to deny amendment to the ordinance as stated in alternative N1. 28 Council Agenda - 10/15/91 Under this alternative, Council could take the view that the original intent was not to include the two -car garage requirement in the PUD and R-3 zones; therefore, the ordinance as stated is an accurate reflection of the intent of the Planning Commission and Council. STAFF RECOMMENDATION: Staff recommends alternative #1 for reasons stated under alternative #1. SUPPORTING DATA: Copy of the July 1991 Planning Commission and City Council meeting minutes pertaining to this item; Copy of proposed ordinance amendment. 29 Planning Commission Minutes - 7/9/91 Public Hearinq--A request to amend Section 3-2: General Building and Performance Requirements, by adding the following provision to the list of dwelling unit restrictions: 5. In the R-1 (single family residential) and R-2 (sinqle and two familv residential) districts, all sinqle and two-familv dwellinq units constructed after July 22, 1991, must include development of an attached or detached garaqe. Minimum size of the garaqe floor is 440 sq ft. Chairperson Dan McConnon opened the public hearing. Jeff O'Neill, Assistant Administrator, reviewed the proposed ordinance amendment to increase the size of the minimum garage requirement from 14 feet by 24 feet, or 336 sq ft, to possibly 20 -foot by 20 -foot, or 400 sq ft. If the City amends their ordinance to require the additional square footage in the garage, the Farmers Home Administration will also look at amending their requirements for the City of Monticello to increase the garage square footage from 336 sq ft to 400 sq ft. Mr. Ted Holker explained that the Farmers Home Administration garage requirements would then be the same as the City of Monticello's garage square foot requirements, with the suggestion of a 16 -foot minimum door width. There being no further input from the public, Chairperson Dan McConnon then closed the public hearing. A motion was made by Jon Bogart and seconded by Cindy Lemm to approve the ordinance amendment requiring that all single family dwellings be constructed to include a garage with a minimum area of 400 sq ft and a minimum door width of 16 feet. Planning Commission makes the finding that the minimum requirement of the garage area of 400 sq ft is reasonable and proper given the preponderance of two -car families, and the added storage area provides space necessary to store household articles inside rather than outside, thereby improving the appearance of the neighborhoods and contributing toward maintaining property values. Motion carried unanimously. Council Minutes - 7/22/91 9. Consideration of a request to amend Section 3-2, General Buildinq and Performance Requirements, by addinq a provision =equirino a two -car oaraoe be constructed along with construction of each single family dwellinq unit. Assistant Administrator O'Neill informed Council that Planning Commission recommended approval of the ordinance amendment requiring all single family dwellings to be constructed to include a garage with a minimum floor area of 400 sq ft (two - ear garage). O'Neill noted that the proposed ordinance amendment stems from citizens' input regarding concerns that development of lesser valued homes with single -car garages in established neighborhoods would result in the depreciation of neighborhood land values. It was suggested that a two -car garage requirement is necessary, as a one -car garage is not sufficient area to store a vehicle and other items commonly found in most homes such as bikes, lawn mowers, lawn chairs, grills, etc. It was suggested that under the current ordinance, most of these items would need to be stored outside, which could result in depreciation of existing home values in the neighborhood. By amending the ordinance as proposed, there is an opportunity l to assure development of two -car garages at the outset of the development of the Cardinal Hills development and the Evergreens development, thus avoiding problems the City has had in the past with other neighborhoods where sufficient garage space was not constructed with the original dwelling. Clint Herbst was in favor of the proposed ordinance amendment, as there is no record of any individual wishing to build a home without a garage in the last five years; therefore, he did not feel that by adopting this ordinance the City would be somehow eliminating a potential home owner from building a home in Monticello. Dan Blonigen opposed the ordinance. He noted that even though no applications have come in by home owners wishing to build a home without a garage, this additional restriction may someday result in such a problem. He went on to note that if we make it mandatory that two -car garages are required, then we should allow living space in homes to be reduced in order to keep the overall cost of the home as reasonable as possible. After discussion, a motion was made by Brad Fyle and seconded by Clint Herbst to approve the ordinance amendment requiring that all single family dwellings be constructed to include a garage with a minimum floor area of 400 sq ft. Motion is l Pago 5 Council Minutes - 7/22!41 based on the finding that a minimum requirement of garage area of 400 sq ft is reasonable and proper given the large percentage of families owning two cars, and the added storage area provided by a two -car garage provides space for storage of household articles in an enclosed area rather than outside, thereby improving the appearance of neighborhoods and contributing toward maintaining property values. Voting in favor: grad £yle, Ren Maus, Shirley Anderson, Clint Herbst. Opposed: Dan Blonigen. SEE ORDINANCE AMENDMENT NOS. 210, 211, AND 212. ORDINANCE AMENDMENT NO. THE CITY COUNCIL OF MONTICELLO, MINNESOTA, DOES HEREBY ORDAIN THAT CHAPTER 3, SECTION 2, OF THE MONTICELLO ZONING ORDINANCE PERTAINING TO DWELLING UNIT RESTRICTIONS BE AMENDED TO READ AS FOLLOWS: 3-2: GENERAL BUILDING PERFORMANCE REQUIREMENTS: (B] DWELLING UNIT RESTRICTION: In all residential zoning districts, all single and two-family dwelling units constructed after July 22, 1991, must include development of an attached or detached garage. Minimum size requirement for garage floor is 400 eq ft with a minimum garage door opening of 16 ft. Adopted this 15th day of October, 1991. City Administrator 11 Mayor /3 Council Agenda - 10/15/91 14. Consideration of authorizin4 the Receptionist to complete Council minutes under supervision of the Assistant Administrator. (R.W.) REFERENCE AND BACKGROUND: In many communities, one of the functions of a city clerk is to attend council meetings and record minutes of those meetings. Within our organization, the city clerk's functions are technically part of the City Administrator's duties in that the City of Monticello has not created the separate position of city clerk. It has been the past practice of the City that either the City Administrator or the Assistant Administrator has been taking notes and preparing the minutes for the Council meetings. Recently, Wanda Kraemer, our Receptionist/Utility Billing Clerk, has expressed an interest in becoming more involved in the operations of the City and is very interested in assuming some of the typical city clerk functions, including attending the Council meetings and preparing the minutes. I think it's good that our employees show a desire to learn more about the City functions, and it is important for the City to encourage career development amongst its employees. By having someone other than Jeff or myself take and prepare the minutes, the City will not necessary save any money, as we would be having another employee attend all Council meetings. It is suggested, if the Council approves this idea, that it be on a trial basis for three to six months to see if it's workable. During this trial period, there should not be any extra cost to the City, as Wanda has agreed to attend the Council meetings, which could average three hours per meeting or six hours par month, and in turn has requested approximately 45 minutes additional time oft on Fridays to enable her to teach a religion class. This is certainly an equitable trade during the trial period; and if this continues afterwards, the City would be required to compensate Wanda on an hourly basis for her time spent at Council meetings. At an estimated three hours per meeting, this would equal approximately $45 cost to the City; but :he offset should be that Jeff will not have to spend his time preparing the minutes afterwards, thereby enabling him to utilize his time for more important projects or functions of his job. Jeff would continue to review the minutes after they are prepared. Another plus to this arrangement is that the Receptionist has the most initial contact with citizens either in person or through phone conversations, and many times questions are asked about what has occurred at the Council meeting. In this case, if Wanda was attending all the meetings and preparing 30 Council Agenda - 10/15/91 the minutes, she would be well informed and could possibly answer many questions without directing the calls to other individuals. The other advantage will be that Jeff should have additional time available that was previously devoted to preparing the minutes for other activities and projects. B. ALTERNATIVE ACTIONS: 1. Authorize the Receptionist to complete the Council minutes under the supervision of the Assistant Administrator on a trial basis for up to six months. Under this option, there would be no additional cost to the City during this trial period, as the Receptionist would receive some time off to compensate for attending the meetings monthly. 2. Continue with the minutes being prepared by the Assistant Administrator or Administrator. C. STAFF RECOMMENDATION: Both Jeff and I are encouraged by Wanda's interest in attending the meetings and taking the minutes. With the Assistant Administrator continuing to review and supervise the preparation of the minutes, we both recommend that the Council approve this change on a trial basis. During this period, there will be no additional cost to the City for wages, and it should free up additional time for Jeff that can be utilized in better areas. We can evaluate this arrangement in the future to see if we want to continue after the trial period. D. SUPPORTING DATA: None. I 31 CITY OF M0111'ICEI.W Monthly Building D.partment Report Month .f cF'PTt R R Penal Tu AND -Sea " L.at-Thi. Same Month Leat Y"Thl. Year PERMITS =Uel) _nth AOC Month SEPT last Year To Date To Oat. DESIMITIAL fl= 15 t0 15 105 109 Vel un tion S 100.700.00 S 292.000.00 S 109.200.00 S 1.870.200.00 S 1,783.200.00 Feea 914.16 2.036.83 980.49 15.368.49 13.727.64 Surcharg.. 48.10 145.25 24.35 893.30 877.50 t)MMERCIAL 2 4 24 20 N..ber vaivat ion 4 29.400.00 490.000.00 40,800.00 2.724,800.00 106.100.00 Fac. 321.60 3.415.05 411.70 15,777.51 5.620.10 Surcharge. 14,20 245.00 48.90 1,389.90 351.05 I NfASSTII I A 1. 7 6 lTumtwr vetuetlon t 4,200.00 1 31.800.00 2.835.900.00 151.500.00 42.00 296.20 17,033.10 1.702.97 Fea. Svrchergee 2.t0 15.94 1,417.95 75.75 PWMn IIIc 1 5 2 35 27 Nvmtmc Fane 20.00 145.00 33.00 999.00 669.00 avrcherges .50 2.50 1.00 17.50 13.50 UT'I117 8 6 3 NUm6eY ( ( .00 95,000.00 .Of Valuation .00 10.00 10.00 1,100.80 30.00 Fe.e avrcha rgee .50 .50 49.50 1.51 TOTAL 00. MKITS 22 19 21 177 165 TOTAL VALUATION 1 134,100.00 1 813.800.00 1 150.000.00 1 7,525.900.00 2.640,800.0( TVT.I. FEES 1 11307.76 3 5.903.08 1 1,425.19 1 50,278.90 1 21.749.71 Tina], nunrtiAaGea 1 65.40 1 409.15 S 74.25 1 3.768.15 1 1.319.3( CUBRENT tMIMI " TLY27 NtunSer to i5a t. rlaln lr NATUBI: N-1PIa1MIT OURLTIMOn V.I..tt." Thl. Yaer laet ve ' ait,gt. Family 3 S 1.743.83 S 133.25 S 266.500.00 21 23 In "1.. 1 0 MNitt.f..Ily O 1 Qammelulel 0 6 I.ntunt ria] 1 4 ane. ca rngna 1 96.30 3.85 7,700.00 6 6 o".. 0 0 Pul,11c U.Ildinq. 0 1 AI,TJ:AATIl un n1:PAln 0-111119. 6 196.70 8.15 17,800.00 59 59 t:ommerclel 13,415.05 245.00 4901000.00 20 le tndnei I I.i 1 296.20 15.90 31,800.00 5 3 PIAIMniNU At Tyl+o 3 145.00 2.50 21 35 W.-CCSSORY aTRUCT'URea avlring Puole 12 tmcaa It 15 TEMPU117AIY PERMIT 0 0 UFN01ATIO1" 1 10.00 )o .00 3 A TOTAIX 19 3.903.06 409.13 813.800.00 165 111 INDIVIDUAL PERMIT ACTIVITY REPORT Month of SEPTEMBER . 191L IXMMIITT DESCRIPTION TYPE NAME/LOCATION VALUATION - PERMIT fiURCHARGEESPLUMB1Nf. SURCHARGE 91-1747 R:,. ee and Garage SP Preetiga Builders/2525 8rf ar Oa kee Blvd. 1 107.100.00 1 585.71 S 51.55 1 70.00 1 .50 91-1746 Hea end Go rog• SP Prestige Bu tldere/2526 Irfor Oates Blvd. 107,200.00 585.6] 51.60 29.00 .50 91-1749 Garage Addition AD Prancta 1 Deborah Ebna 11137 Jerry Llofar, I�r 2.500.00 25.00 1.25 91-1750 Demolish Garage AD Lyle 6 Mary Buckingham /117 Hflle rest Rd. .00 10.00 .30 91-1751 Detached Ge raga RG Ly la 6 ltery Buckf ngham/117,111111 rest Rd. 7,100.00 96.]0 7.83 91-1752 Porch Raroot AD Marvin 4 Deborah Kremer/90Minn, ea to S[. 1.500.00 15.00 .30 91-1757 Mova In goua• and Garage AD Tao 6 Hilary Hagl and/117 Mlaelssf pp! Dr. 8.700.00 101.70 4.15 91-1754 A[rlum Add 1[fan AC One Rhauv/1 l4 Cedar St. 23,000.00 232.00 12.30 91-1755 Interior Remodel AD Duan. 6 Den ice Dahlhaime r/406 E. Broad.ay 1,500.00 15.00 .50 91-1756 But!ding Addition Above Grade Al Mao[f. HN DOT Trk. Station/112 Chain- Rd. )1.800.00 296.20 15.90 21.00 .SO 91-1757 Houea and Carege SY Nev Cart., Hama./2840 Need- Lana 60.200.00 414.76 70.10 2].00 .50 91-1758 tlouea and Garage Residing AD Roger 6 Lay Olson/2861 Oakvlev Lana 2.500.00 25.00 1.25 91-1759 Hos,ltal Addition Above Grads AC Montt -B11 Laka Com. Hoe,./1017 Nart Blvd. 465.000.00 1,917.00 272.30 42.00 .50 91-1760 Hou.. and Garage RaroaP AD Dan 6 Irene Blon lgan1405 Vlne St roe[ 1,500.00 15.00 .50 -f 817.800.00 14,757.30 B 406.65 1 145.00 1 2.50 PIAN REVIEW 91-1747 Nouu end Ce raga SP Pwrtlge Iuilda n/x525 Briar Oa ka• Blvd. 1 SB.57 91-I )48 Houea end Ga rag. S► Preet ige Bu 11 der./2326 Briar Oakes Blvd. 58.36 91-1737 House and Ca rage 8P Nay Century Home./2840 Meadov tuna 41.46 91-1759 Iloopl[al Addition AC Monti -Big Lake Cam. Hoop./1017 Hart Blvd. 1.404.58 TOTAL PLAN REVIEW f 1.404.58 TOTAL REVENUE 6 6.712.27