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City Council Agenda Packet 06-13-1994AGENDA FOR THE MEETING OF THE CITY COUNCIL Monday, June 13, 1994 - 7 p.m. Mayor: Brad Fyle Council Members: Shirley Anderson, Clint Herbst, Patty Olsen, Warren Smith 1. Call to order. 2. Approval of minutes of the regular meeting held May 23, 1994. :3. Citizens comments/petitions, requests, and complaints. 4. Legislative session update by Representative Mark Okun. 5. Public Hearing --Consideration of a resolution ordering project and authorizing preparation of plans and specifications - Meadow Oak storm sewer. G. Consideration of accepting the 1993 Audit lieport for the City of Monticello. 7. Consideration of a variance request which would allow placement of a pylon sign within the required setback area. Applicant, Champion Auto (Warnert Automotive). 8. Review status of development agreement negotiations - Country Club Manor, Outlet A. 9. Consideration of a request to amend the City open burning ordinance. 10. Consideration of approving open hurning permit - Clen Posusta - AMAX Storage. 11. Consideration of annual municipal maintenance agreement, with Wright County, and consideration of access agreement outlining Cily use of county right-of-way for ISTEA pathway. 12. Consideration of advertising for hids for demolition of the old (;ille house and appurtenances at 1324 West Broadway. 13. Consideration of change Order p I for City Traject, 93.1 W, ChlorinationI 1lechloiimation Project at the wastewater treatment plant.. 14. Consideration Of it resolution declaring intent to reimburse project costs through it future bond sale --Project 93.1'20. Y 15. Consideration of granting annual approval for municipal licenses. 16. Adjournment. MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, May 23,1994 - 7 p.m. Members Present: Shirley Anderson, Clint Herbst, Patty Olsen, Warren Smith, Brad Fyle Members Absent: None. 2. Consideration of anoroval of minutes of the regular meeting held Mav 9, 1994. Shirley Anderson requested that item k10 be amended to include the City Attorney's opinion with regard to the conflict of interest question pertaining to Councilmember Olsen's vote on the EmmerichfNein rezoning comprehensive plan amendment request. Rick Wolfsteller requested that it be noted that a third proposal was submitted by Vic Hellman to purchase and develop Outlots C and D. This proposal arrived three days after the submittal date requirement and offered less cash per acre than the two other proposals. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to approve the meeting minutes as updated. Motion carried unanimously. 3. Citizens comments/oetitions. reauests. and complaints. A. Representatives from the Senior Citizens Board were present to personally thank the City Council for supporting the Senior Center remodeling project. It was noted that the project has resulted in improved lighting, better ventilation through installation of windows, and greatly improved bathroom facilities. The Senior Citizens Board invited the City Council and staff to an open house scheduled for June 7 from 5 p.m. to 7:30 p.m. B. The City Assessor was present to identify adjustments to market values of six properties arising from the recent Board of Review meeting. The adjustments are as follows: 155.012.001050 Richard Tigue 1994 EMV $96,100 Reduced to $92,900 155-016.00uO10 Douglas Stokes 1994 EMV $79,600 Reduced to $74,000 Page 1 9 Council Minutes - 5/23/94 155-010-067100 D. Pitt 1994 EMV $54,500 Reduced to $42,400 155-010-058010 Roman Brauch 1994 EMV $116,300 Reduced to $112,400 155-044-004120 Michael Beck 1994 EMV $123,700 NO CHANGE 155-015-011030 Frederick Hickman 1994 EMV $83,900 Reduced to $70,600 After discussion, a motion was made by Clint Herbst and seconded by Patty Olsen to accept the report provided by the City Assessor. Motion carried unanimously. C. Clint Herbst mentioned that he had received a few calls regarding the Emmerich/]dein zoning ordinance amendment and comprehensive plan adjustments approved at the previous meeting. The calls pertained to a perceived conflict of interest for Councilmember Olsen. Herbst noted that the best way to run government is to keep it up on the table. He suggested that the City Council refer the conflict of interest question to the Attorney General. Herbst went on to make a motion to submit information regarding the case as presented to the Attorney General for an opinion. Patty Olsen seconded the motion and noted that she was comfortable that she was within her rights to vote on the issue without violating conflict of interest statutes. She would welcome an Attorney General's opinion if this is what it takes to clear the air. Warren Smith noted that he does not object to submitting the question to the Attorney General; however, he felt the City Attorney did a thorough job of reviewing the situation and that, therefore, referral of the matter to the Attorney General is highly unnecessary. Patty Olsen then withdrew her second of the motion because the motion concerned her directly. The motion was then seconded by Shirley Anderson. Voting in favor of the motion: Brad Fyle, Shirley Anderson, Clint Herbst, Warren Smith. Abstaining: Patty Olsen. Public Henrico: --Consideration of it resolution vacating a portion of undevelooed 7th Street, Petitioner. Citv of Monticello. Rick Wulfsteller noted that at the previous meeting, Council granted preliminary approval of the concept of selling a remnant portion of the 7th Street right-of-way that was isolated when 7th Street was realigned in Page 2 0 Council Minutes - 5/23/94 conjunction with development of 7th Street west of Locust. Wolfsteller noted that in order for the City to convey the remnant parcel to Land Projects Partnership, the remnant portion of 7th Street must be formally vacated. Brad Fyle opened the public hearing. There being no comments from the public, the hearing was closed. After discussion, a motion was made by Shirley Anderson and seconded by Warren Smith to vacate the portion of 7th Street lying west of Locust and agree to accept the offer of $18,000 for the parcel from Land Projects Partnership. Motion carried unanimously. SEE RESOLUTION 94-16. Consideration of a conditional use uermit allowine a church facility to operate in an R-1 zone. Aoolicant. A Glorious Church. Assistant Administrator O'Neill informed City Council that A Glorious Church requests that Council grant a conditional use permit allowing a church facility to develop in an R-1 zone. The request is nearly identical to the request approved by the City Council on November 13. 1990. O'Neill noted that the only aspect of the site plan proposal for the facility that has changed since the previous approval is a request that installation of parking and landscaping be deferred one construction season subsequent to the season in which the church facility is built. O'Neill noted that the Planning Commission recommended approval of the conditional use permit request as requested. It was their view that this precedent allowing deferral of parking and landscaping is acceptable because it is limited to church facilities in R-1 zones and does not apply to other institutional and commercial developments in other zoning districts. Warren Smith noted that the City loses its leverage to require parking lot and landscaping improvements once an occupancy permit is granted. Dan Gassler recognized Smith's concern but noted that his congregation has had success with its fund raising relating to development of the church. It has paid off the cost of the property and associated assessments and is now in position to develop the facility. Gassler expressed his confidence that funds will be available to complete the parking lot and landscaping within the requirements of the conditional use permit as proposed by the Planning Commission. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to approve the conditional use permit request as reconunended by the Planning Commission with the additional requirement that an easement be provided to convey storm water from the south edge of the Page 3 9 Council Minutes - 5/23/94 property to the County Road 39 ditch system. The precise location of the easement is to be defined jointly by City staff and church representatives. Motion carried unanimously. 6. Consideration of a variance request which would allow placement of a sign on a public right-of-way. Applicant, Monticello -Big Lake Hospital District. Assistant Administrator O'Neill informed Council that the Monticello -Big Lake Hospital District requests permission to place a pylon sign near the canopy serving the new Hospital District clinic addition. The variance is needed because a sign at the proposed location would place it in the green area of Hart Boulevard. Under normal circumstances, there would be little chance for approval of this request: however, this situation is unique because the location proposed for the sign is in an area that is proposed to he vacated at some point in the future under the plan reviewed and approved jointly by the City and the Hospital District. After discussion, a motion was made by Shirley Anderson and seconded by Warren Smith to grant a variance allowing placement of a sign on a public right-of-way based on the likelihood that Hart Boulevard will be vacated in the near future. The variance is contingent on the following: 1. The Hospital District shall enter into an agreement with the City indemnifying the City of any liabilities associated with placement of the sign in the boulevard. The agreement must also state that the sign will be removed by the Hospital District in the event that the street vacation does not occur within the time frame identified under condition q2. 2. The Hospital District must execute the redevelopment of their parking lot and the associated street vacation process must he completed within one year after CSAH 75 is upgraded to a four -lane highway. Motion carried unanimously. 7. Consideration of allowing Country Club Manor hallfield to be reserved for, structured practices by youth teams. Assistant Administrator O'Neill informed Council that the City had received some complaints from some residents adjoining Country Club Manor regarding the use of the Country Club Manor Park by a youth ball team for practice. O'Neill noted that a current policy exists that does not allow structured games scheduled through organized leagues to be played at the Country Club Manor Park. This rule was established because the park is an isolated facility imbedded in the back yards of a number of homes. Page 4 -CJ 1, Council Minutes - 5/23/94 Structured games bring people from outside the neighborhood, which results in on -street parking affecting traffic safety in the neighborhood and livability of residences in the area. Council was asked to consider whether or not it is appropriate to allow the field to be reserved for structured practices by youth teams from outside the neighborhood. Clint Herbst stated that allowing reserved use of the fields would be way off base. He noted that every field in the city would then be taken by teams reserving them for practice. Herbst concurred with the Parks Commission recommendation, which supported use of the field by any individuals or organizations on a first-come, first -serve basis. Brad Fyle noted that Country Club Manor Park is a public park that all citizens of the community should have access to. John Simola outlined the organizational problems faced by organized teams when not allowed to reserve a field for structured practice. In outlining the problem, he described a situation where parents drop children off at a field for structured practice at a certain time only to find that the field is occupied by three or four neighborhood children. The practice at that point either needs to be rescheduled or delayed until the children currently using the field leave the premises. After discussion, it was the consensus of Council to authorize staff to check with other cities on their policies regarding reservation of ballfields. After discussion, a motion was mude by Shirley Anderson and seconded by Clint Herbst to adopt the Parks Commission recommendation which in summary allows the field to be used on a first-come, first -serve basis. Voting in favor: Shirley Anderson, Clint Herbst, Brad Fyle. Opposed: Warren Smith and Patty Olsen. Smith and Olsen felt that it would make sense to allow reserved use of the fields on a limited basis for structured practice. 8. Consideration of amendment to Section 3.4 IGl of the zonine ordinance that further defines the minimum floor area reuuirements for various stvles of sinele familv residential structures. Assistant Administrator O'Neill informed Council that this item has been submitted by the Planning Commission but originated from a request made by the Value Plus Homes developers. The proposed ordinance would allow a wider array of styles of single family housing through modification of regulations controlling square foot minimums for the second atory of residences. O'Neill noted that under the current city ordinance, development of a second story living space is limited to 751) sq ft. O'Neill reported that Val uo Plus Homes showed the Planning Commission a Page 5 0011 Council Minutes - 5/23/94 number of attractive housing styles that include a second story with a floor area less than the minimum currently allowed by ordinance. Planning Commission concurred with Value Plus' argument that the current ordinance is unreasonable because it somewhat arbitrarily eliminates housing designs that are very livable. After discussion, a motion was made by Patty Olsen and seconded by Shirley Anderson to adopt the ordinance amendment based on the finding that the proposed amendment will allow for a wider variety of housing styles and there is a demonstrated need for this flexibility. The amendment is consistent with the comprehensive plan, consistent with the geography and character of the area, and the amendment will not result in a decrease in property values. Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 251. Review of bids and consideration of award for Project 93-04C, Phase 11 of the Public Works Deuartment Expansion and Renovation. John Simola, Public Works Director, reported that bids were taken for phase II of the public works facility expansion and renovation on Thursday, May 19, 1994. Simola noted that, unfortunately, the lowest bid for the project as designed came in at $396,000, which places the project over budget by $149,000. Simola went on to explain possible reasons for the bids being so much higher than expected. One reason is accuracy of the estimates, and the other is the current bidding climate. Currently, there are a significant number of building projects being bid, many larger and many less complex. The City only had five general contractors holding plans, and the project only attracted three bids. After discussion, a motion was made by Shirley Anderson and seconded by Warren Smith to reject the bids for the public works facility and direct the City Engineer and building committee to revise plans and specifications where possible to cut costs and develop a recommendation to the City Council with regard to rebidding the project at a later date. Motion carried unanimously. 10. Consideration of ureuarat.ion of ulans and suecificntions for ditch grading in the Meadows subdivision. John Simola, Public Works Director, described storm water drainage problems resulting from a grading plan that was not. completed. Simola went on to outline the possible methods for correcting the problem and Page 6 9 Council Minutes - 5/23/94 estimated the cost in the amount of $7,000 to $10,000. Simola noted that the problem resulted from poor follow-up on developer grading requirements. After discussion, a motion was made by Clint Herbst and seconded by Brad Fyle to authorize a feasibility study and obtain quotes on a cost to complete the project. If the lowest quote comes in at a price less than $10,000, City staff is authorized to, complete the project with the entire cost funded by the City. Motion carried unanimously. 11. Consideration of authorizine a feasibility studv for storm water improvements - Outl of A. Country Club Manor. Assistant Administrator O'Neill reported that in conjunction with development of Outlot A of Country Club Manor, it is necessary that the City construct a storm water pond necessary to manage run-off coming from Outlot A and from other land area in the vicinity. In order for the design phase of developmen t of Outlot A to proceed, it is necessary that a feasibility study be prepared which would specify the size and proper design of the pond needed on the property. Once the design parameters of the pond are understood . then the developer can move forward on the design phase. After discussion, a motion was made by Shirley Anderson and seconded by Patty Olsen to authorize the feasibility study as requested with the scope of the study to include an analysis of Outlot A and the general watershed that Outlot A is located within at a cost not to exceed $3,000. Motion carried unanimously. 12. Consideration of a resolution settine a ouhlic hearine for the Meadow Oak trunk storm sewer extension. John Simola, Public Works Director, reported that on January 2.5, 1993, Council reviewed a feasibility study for the construction of a Meadow Oak pond outlet. The feasibility study outlined four alternatives for the construction of the trunk storm sewer. Council had authorized further study of alternative (i, which nuns the storm sewer through the Rod Norell property at a cost of- $254,000, and alternative 1), which runs the storm sewer down the center line of Gillard to the Mississippi River at an estimated cost of $290,000. Simola reported that the staff has met with property owners affected, the Monticello Township Board regarding redevelopment of Gi llard Avenue, and has spoken with Rod Norell about the possibility of extend ing the trunk storm sewer through his property. Norell indicated that he is not interested in having the storm sewer extended Page 7 @) Council Minutes - 5/23/94 through is property at this time. Stiff also discussed the matter with Gene Bauer. Based upon the discussions, it appears that alternative D (Dillard ) is the best alternative. After discussion, a motion was made by Clint Herbst and seconded by Patty Olsen to adopt a resolution ordering a public hearing on the proposed Meadow Oak trunk storm sewer extension using alternative D at an estimated cost of $290,000. The public hearing is to be scheduled for June 13, 1994, at 7 p.m. Motion carried unanimously. SEE RESOLUTION 94-17. 13. Consideration of review of bids for suoplemental contract mowing operations. John Simola, Public Works Director, reviewed the bids for supplemental contract mowing operations. In his review he noted that John Lukach is currently responsible for much of the mowing that could he done under this contract. Currently, Lukach has to work over 40 hours per week in order to keep up with mowing that must he done. The higher summer hours offset lower winter hours. After discussion, a motion was made by Warren Smith and seconded by Brad Fyle to authorize the Park Superintendent to supplement mowing done by John Lukach to the extent that it reduces hours to 40 hours per week. Supplemental mowing to be completed by Quality Lawn Maintenance. Motion includes a request to submit a monthly report on the use of contract services for mowing. Voting in favor of the motion: Warren Smith, Brad Fyle, Shirley Anderson, Patty Olsen. Opposed: Clint Herbst. Clint Herbst requested that the public works department look at making ,John Lukach a full-time employee. 14. Consideration of it request for it one-dav 3.2 beer license for the ,luly Riverfest Celebration. After discussion, a motion was made by Shirley Anderson and seconded by Warren Smith to approve the request for the 3.2 beer license as submitted. Voting in favor: Shirley Anderson, Warren Smith, Patty Olsen, Brad Fyle. Abstaining: Clint Herbst. 15. Consideration of bills for the month of May. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to pay bills as submitted. Motion carried unanimously. Page 8 G) Council Minutes - 5/23/94 16. Other matters. A. Discussion following up on the special meeting conducted immediately prior to the Council meeting ensued. It was the consensus of Council that City staff should move forward on the issues relating to city hall staffing. Staff was authorized to prepare alternatives for City Council review. Council reviewed a staff proposal at a previous meeting to hire Paul Waldron Ltd. for building inspection contract services. O Neill noted that additional research shows that the hourly rate proposed by Waldron ($24/hr) is less than the rate charged by the City of Elk River ($.30/hr). Furthermore, Waldron's rate includes all costs associated with insurance, transportation, etc. O'Neill reiterated that utilization of a private firm to assist with peak summer work load is a good short-term solution to the problem and will buy us time to analyze the best way to organize and staff the building inspection department. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to hire Paul Waldron Ltd, under the conditions as outlined in Waldron's letter to the City dated May 4, 1994. Motion carried unanimously. 011ie Koropchak reported on her work activities. She noted that her work load has been impacted by the success of the industrial development efforts in the community. A major portion of her time is spent following through on important project details from the time that an industrial prospect commits to coming to Monticello through to occupancy of the new structure. John Simola requested guidance from Council regarding hiring of summer employees that are relatives or children of city employees. After discussion, a motion was made by Clint Herbst and seconded by Brad Fyle to allow children of city employees to be hired as summer workers as long as said employees are qualified for the position. There being no further discussion, the meeting was adjourned. Jeff O'Neill Assistant Administrator Page 9 0 STREET, FRONTAGE; ...- _tet'• ...:.6_,..—_.—..-,-__ /DoT Row —___ .. _. �• . ;,= .�.-„:�:.y;�,;.�;�?=.j ASSESSED AREA Mown 8y: Drowing Title Comm. No. R.G.O. 3ehslsn MEADOW OAK TRUNK 1748,93 Oate � Aaoctatss.ina. STORM SEWER EXTENSION LUNE 6, �4b"°"h'°n• n"«°. "6"M°n”.• ta"i• "rFig u, ..... MONTICELLO, MINNESOTA 1994 sL...wb.+" w.u.us. ur•�ann ..r I� —___ .. _. �• . ;,= .�.-„:�:.y;�,;.�;�?=.j ASSESSED AREA Mown 8y: Drowing Title Comm. No. R.G.O. 3ehslsn MEADOW OAK TRUNK 1748,93 Oate � Aaoctatss.ina. STORM SEWER EXTENSION LUNE 6, �4b"°"h'°n• n"«°. "6"M°n”.• ta"i• "rFig u, ..... MONTICELLO, MINNESOTA 1994 sL...wb.+" w.u.us. ur•�ann ..r Council Agenda - 6/13/94 4, Le¢islative session update by Representative Mark Olson. (R.W.) A. REFERENCE AND 13ACKGROUND: Representative Mark Olson has requested to appear before the Council to briefly update the Council on issues and new laws that have been passed during the recent legislative session. Mr. Olson indicated he would briefly summarize items he thought may he of importance or interest to the City of Monticello, and he would be willing to take questions from the Council on any topics you choose. If any Council member has any specific topic you would like to see Mr. Olson discuss and review at the Council meeting, you may ask for his input at the meeting or let me know ahead of time. and I will let Mark know of a specific request. Other than a brief review, there is no specific action needed by the Council on this item. Council Agenda • 6/13/44 b. Public Hearimr--Consideration of a resolution ordering project and authorizint3 preparation of plans and specifications - Meadow Oak storm sewer. (.1.0.1 A. REFERENCE AND BACKGROUND: The purpose of the meeting is to conducta public hearing to provide an opportunity for public input nn the Meadow Oak storm sewer outlet project. City staff will he making it presentation outlining the scope and design of the project along with a proposed assessment roll. Following is a brief review of the project design, cost., and proposed assessment, formula. PROJECT DESIGN As noted at it previous meeting, our only current alternative for development. of the system calls for construction of the storm sewer line under Gillard Avenue. This will require complete reconstruction of Gillard Avenue. The estimated project cost is $329,41111. Following is the basic formula to he used in development of the assessment roll. STORM SEWER ASSESSMENT The total cost of $29:1,269 for storm sewer related improvements will he collected through a combination of assessments against developed prupert.ies and through future acquisition of storm sewer access charges from properties now undeveloped. Storm sewer assessment amounts have been calculated hosed on it specific amount per acre and will he assessed to developed properties accordingly. Coincidentally, the plrojected storm sewer access charge ends up being approximately the same amount per acre as what is proposed to be paid by developed properties via the assessment roll. This means that an open lot next, to n Int with a home will pay all access charge at the time of developmentthat is approximately equal to the assessment levied against the property with the home based un 1994 dollars. In terms of total dollars, the assessment roll will generate W,942.50 turd pay 16.71/ of the total storm sewer cost. These are funds that the City can expect to obtain through direct paynlenl of the assessment at the time the project is completed by individual properly owners or through payment of annual assessments through the assessment program. The h:dance of the total cost. for the slornn sewer not paid via assessment ($244,326.511) will he paid hack to the City over time as the land area served by this storm sewer project is developed. Also included in the storm sewer cost pre costs associated with removal of the existing road surface on Gillard Avenue. In order to execute the plan, it final agreement will he worked out with Mr. and Mrs. Gene huller to exchange an easement or drainageway for storm sewer lenefit with this pruiert. Council Agenda - 6/13/94 STREET ASSESSMENT The assessment roll as prollosed calls furan expense of $36,130.70 for redevelopment of Millard Avenue. It is proposed that this expense he funded as follows: The Township will contribute $6,000, which represents their estimated cost to complete it 2 -inch overlay on the township half of the roadway. The balance of the expense is proposed to he assessed on a front footage basis to the property owners on the city side of Gillard Avenue. The City's share represents what would otherwise be paid by the residents living on the east side or township side of the road. Our existing street assessment policy allows us to assess the city residents on Gillard Avenue a significant portion of the cost to redevelop the roadway due to the fact that the road is in relatively poor condition and has come close to reaching its life expectancy. The cost per lineal foot for city residents on Gillard will amount to $7.77 per foot. Many of the lots in that area are 80 (1, long. which results in a street assessment of about $620 per lot. DITCH 33 COOPERATIVE EFFORTS As a separate but related issue, Minnesota I)epartment of Transportation, Soil and Witter Conservation District, the County, and 'township have been informed of the city storm sewer project and tare in the process of determining whether or not the system the City is developing can be used to help relieve flooding problems on ditch 33. 'there is it possibility that it is feasible to drain it portion of ditch 33 through the Meadow Oak outlet system; however, doing so will require that the City oversize the system. Obviously, it, would be e'xpe'cted that the township, stale, county, etc., ureas benefiting from the oversizing should nt it minimum pay the cost, for the oversizing. At this point, in time, discussions ore preliminary. It is not known if the affected agencies can work out it cost sharing plan for funding in time for the City to order the oversized project.. In order to provide tin option that would allow ditch 33 water to access this system, it is proposed that the construction plans include it bid alternate which calls for the oversizing necessary to serve the ditch 33 area. In the event that tun agreement regarding funding of the oversizing can he established anio lg the agencies involved, the City could select the alternative providing the oversized system. In the event tin agreement cannot be established, or if it is determined that it is not feasible to connect ditch 33 to the city system, then the City could simply select the lowest hid for the base system serving the city needs only. Due to the fact the cost to design an alternative bid is minimal, staff is suggesting that it he included in the hid specifications. B. ALTERNATIVE. ACTIONS: Council Agenda - 6/13/94 c; J t/ Motion to adopt a resolution ordering the project and authorizin preparation of plans and specifications.S Under this alternative, the City Council is comfortable with moving forward on the project. It should he noted that the mock assessment roll presented is only a starting point tier discussion and that the City Council is not obligated at this time to adopt it. In fact, the assessment hearing will come at some time atter the project; however, it may he prudent at this time to discuss the funding program and assessment roll in detail and, therefore, have a finn idea as to how the cost would be distributed at such time that the assessment roll is prepared. 2. Motion to deny ordering the project. Under this alternative, City Council prefers to postpone or stop further consideration of development of the storm water outlet at this time. '['his alternative could he selected if Council helieves that staff should research the potential of purchasing land or homes near the Meadow Oak pond which would allow more water storage in the present. pond. This does not appear to be feasible, as it does not provide a long -tern solution to the problem. In addition, it would result in the loss of a major portion of the Meadow Oak Park due to inundation and because it would require raising of city sewer mains adjacent to the pond area. C. STAFF RECOMMENDATION: Staff recommends alternative t11. It is our view that, the time is right for development of the Meadow Oak storm sewer outlet. Development of Oak Ridge, Briar Oakes, and Outlots C and 1) all contribute to the need to rectify the problem. Ordering preparation of plans and specifications at. this time provides the City with time necessary to meet our original goal of having the project done in 1994. Il. SUI'I'OIfI'IN(', 1)ATA: Engineering design cost and assessment data submitted by OSM; Resolution for adoption. 'MEADOW OAK TRMk.,ORM SEWER EXTENSION' MUANANY ASLWEM ROIL PROJECT NO CITY OF MONIICHEO. M WASOIA OSM PROJECT NO. 174593 MEA ASLL. AREA NAM 0. SECTION, TOw/wM ASSESS AWL. Ea61Av. ANESS. i1REET PREF ARM MUD I2GAl DE/CIII'TION a RANGE AODOL OW16 MEA 7ONKNG RATIOS ARA AMOUNT NIONI ACR 111 11YWNA II W NO IIIL NatY 1{!a/aYM _d1619C a _ �Iln 111 llrlN VIM' p.lyrrv.�w Wal �glaYrw /Ic �\ Y1RID � 4X1♦ NI)m ��d2610Caa YHOOW OM IWIf �In Na D71N OM i4a � HNM�1 -(R a61OCAa1fADOw OAa 1NAE_11n Ell"llN 1" ,AM N1f 11l _waMOCaarIODWIW 111A11 /In{1\1171N IRIA ,� 1Y1 alaa.w OD M IEEfMe -.0\6190 a WAOOw OMI IAAI.- .UL111-f1L11W!' IYaM�R_0FlL IaaRAD0WQ%lLj INf i1n 11•IIrIN W _�AsnD •61[�[MMYaO __ A{IL YaoOMrOA- l�pN� _. d a 61D0a rA 0i1.a[faAE i1R{II IIrIN WM -= IN�2_ amol!S wAOs7 -- IN94AM0 ,611. ILOCla WWWOM RANI �fLHNNEINAM_kAdMILV Nff _Af.e!CGISY\IaJWw IMIEYM►IWMRIRdaEwAE .,Ja lIa 11»NIRaM _.�.w {\ _/Iw �: rMrAY La"a1 --. IMNwa�/r .oluu7wauM�/Nv.lwA/ .._ a!!�� �rlMw i1rA a1v.,INwaw _.. O /i NY alta 0611M RERRrRERR/ INll�sr � ilt• 1\10AR6111R1� r � 11{61YOR{1R �IA61rR��61 I1E\RIL�RTM r X111 l Lmu RR- - mkm R--mkm AM\R761 RIR161Y ftp 1 Rf1� J� I •ays 1 STREET NRONf. IC!A: ALEL AWL 11 AAI "MEADOW OAK TRUP.A STORM SEWER EXTENSION' PRELIMINARY ASSESSMENT ROLE PROJECT NO - CITY OF MONTICELLO, MiNNESOIA OSM PRO,If.CI NO 174893 PARCELED. SECTION, TOW -MIP I i ARIA ASSESS AREA STREET MNASER AESREVIA/ED LEGAL OESCRVT]ON ARANGE ADDRESS OWNER ASSESS. AREA ZO)RNG ASSESS. RATIOS EQUIV.' APIA ASSESS SiP[ki AMOUNT TRONI, FRONT, ASSESS. TOTAL ASSESS N:m SQ3f Ilf.•O]Nx I4 SI I/nl SM Kan C1cM. 1 ItSdiMa1N fOi III pOCaa NxtYTN ilax ISSYQ }il]. Stt i]IN maW µext NaRW 4Sbt fwwDYM»{ Nkan(In OSIS Rnro 1 OIA t!SI ]!� 3:0171 256 datmiYn t{k ii, mCK.x4 WNkY r454x tXAt{ SIn. 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Men _07W DND 67M sale]'. SaMt'_ .011 C%M. x W N]O.OM Tea --1 1lldbin]fMl NY.IR"w S In $10 1171. maw .... -.1 o2. ..s, 1 o7. 1411 a! tW 6 ffiGCt 2. W NXMrOM atl 34;a Rnf W CYa.4 IbSOl3 O331xJ N4alx',w 5In. /101.11. mna µ.,N N, Kut .SS4] mreat Mt.+•ry n]a qAN> I D]au 3}0516 3ASv, IOIAa(Y;.T.WADOII,ONt Tal 11DYY.YOw C.1IJIr1 j i.Snt}fx3Tln N%nx?. __SSn fii ii]iN 0]aW M,�il1r Ni M. WbJ WiSW ii3mxtrrrR_T� �_p3J5 _RRA} _� - OJ3y - t'AS JS ;•+iii: EUI I m tA:K 2. W N)C/N OM if.l galMxxywfXa OFO -� - _ -54 v ."I- 1tn.Ita tilt. 47m R1.xaa YRa GSSn1 XwmMifM.•0+ort>i<n n.x0 RRX3 1 Arte HlJai fal�W 1.1 N MOCK 7, WNb3W OM a.l "..'m =1- IWd54aWY1 NxxI.:1N SIn 1111121. maw 1�..3 ��m. 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M. sar7 I. -I c -I. ora+ own 1 ont ISM ]1 13Mn iUi x mtx:Y i W JN}}M OM TY gKM.pplr Ou 111dS mann NKYIKW SIn. 111 IISIN D)m IL.a µiib Y; MN Gble: gktutrl W µYW 41 A wth - - -� p]L gAfl - -- 1 �2L -- 1)ql I(1 IIi11U T Yrni ffia:Kx WN]Dw a3xx a.3 gn11a•xra KXi sYY. •- - IISdA(IIYL] Nxxlx, In 114 fl71N m.wYR�1F.N.Ya. blb] Iha�W aN»Rlrxeb2�,� pl}n AW) I OTb ISuem IIVAFI Id t, aDCa 4 W N)OW OM Is. 4S1D YIfW3r ON EMri -- _ _ IWd5MK110 NY.IY'w /in tit 1171.a?- µnb NtYW lVnt fef.t rwtrr 6]oJ ARL) 4 02% taS}M ta!].I '0"0'-"W N)bW OM ad ISyb5431ttm NKYSCw SIn, 3tt tiJ4N. maW ]101 Raver lisle µNY Ni Y.t SSW it la3ixaMt Ras 67tU ASNA} 4 Oi01 }31510 ft}StR Mcx0AY3T as Ay.; N 3Na "MEADOW OAK TRUNI, STORM SEWER EATENSIOW PRELMINAR/ ASSESSMENT ROIL PIK)A GI W) CITY OI MONTICEUO. MIOMASOTA OSM POOR CT NO 114893 PAN= 0. AREA SECTION. TOwww AREA STRIP NR•IM� AINEM D &HIAE RtlCINIMN • RANG ADDOU ASSESS STREET ERONI IOL O. •OSI A &GADOMI OM tti AREA ZONING M• OaA.r. Tarr. AREA 11►0•O•r V0,01)N Ian fll IIIIN 111 121 01A►r Mr YN7 o,dNA K.f IC•OCJI l S{AOOINOM W ,r rr r Iwo—_ Opt •r1Ar IYO•r11r Opt 11 114 I'M OW MGGIGGGGA IM OW I11AA OIY •11D 1. •OCAI► WAD010001 Wa OIY 1w OY I\ OIY 6JW TIE 1111N 411" OIY on" a a 61oc6 a 1•ADow 0tl 3" 0,410a.uD RwOMuI•la Ulm 1 11 Il IIlIN •' IN __OAN "Up 1 OM 1. \OG L &GADDIN OM W MOtEM 0311 aIRD 1 0311 11 1111 IM •ata Nlni Elie tow a 610G 1. WADM OIM ad Gift E116NISIsr 1�►p/rlor tm •1w 11/a. Ila TI11N rw Oar ML IO a O1OCA I rAOMO bd.- tma aND 1 OW 1 J �A Ill 11'1 • 1 0 l IlOfi 110ADOW 0V tA1 Ow O�IbI� ,IN awc 1 aw 11a1N WI_ _.,em OI►Wfa S N{ADOW 016Y •s 1 TIM 6uD 1 11111 IN am $41,11,l0 / 610o a mtA _am ..o 44W1 o 1 1 1 111 8w0 E� 0 p a 640fA a MAD—OM W 1.Ya1 IrO1,Y7� 0 y E III 1A1 i 1r41rIR• ►\DuI&IL U1 NOAaW I R6a10•Iw ' ► ■= I IaI1DOW OM W 1 0001►Iw IMM 1 /fuw 1 1 a / aDu 1 1•ADuw oAA s1 EAU N OI{60.1w 1 1r Ir10N _O i I 161301 • 1 I111—aAaADOlO " _ II• w1p tow 1 1 I t A� a IAIAtIOa' OA• N 1 OIi6 �� a 6Eou a %GAPM OAR N 11►ONiw• 1 �i a MUDM OM a/ 1*2mm EEt 1 ll4. Mlfj _ J ' 1 \IDOL a 6GADOM OM Jw 1 I. SMpIMOq all 1• Ts11r. 1 i mk� t 61001 rAoorolw •1 mmuml ow ►RID0110AOOMOy rI II 1 W l \OG 1. l•ADOa�Oq •1 A "comO V \` _ I IJElII I111N ASF r11N1R �a tl1ra Y• OW S 1 AREA ASNIGA. I AREA STRIP AUDS. ASSESS IQ". ASSESS STREET ERONI TOTAL AREA ZONING RATIOS AREA AMCKW 1ROW ASSESS. ASSESS AGa K.f {I.{WM♦ it ,r rr r Opt •r1Ar 1 Opt 131►p I11AA OIY •11D 1 OIY i1a1IS OY I\ OIY 6JW 1 OIY on" 1lrp 0,410a.uD 1 Ulm 1291 p 1N1 ♦I __OAN "Up 1 OM _{I/14 II/In 0311 aIRD 1 0311 Mr• W/.. Elie tow 1 Gift Marr W/AN tm •1w 1 Oar ML IO M3IIU tma aND 1 OW _ rlar YIAAO • 1 0 Y 1.OI AI ,IN awc 1 aw __Ipra WI_ _.,em 1 •s -SA TIM 6uD 1 am $41,11,l0 W, 1R ..o 44W1 o I�lo NQ ro 8w0 1 0 p "011P 1.Ya1 0 1A1 91PIP No• W.41, awn 1 So, IMM /fuw 1 • 1 EAU N I VUQ 1 OM1 _O 161301 • 1 6 _ w1p 1 Hs" !1 �OW 1 OIi6 �� MII J• NW "MEADOW OAK TRUNA ..ORM SEWER EXTENSIOM )YEIW WAff AfYLEYEM ROIL PROJECT NO __ CITY Of MONTICELLO, MNNESOTA (AM NOACT NO 114893 ►MCIL IR SECTION TOWNSHIP uN10 NINRU MNNIVIATED IEGA/ DESCRYIION aRAN" ADDRESS OWNER AI L MU -I I MMIMUIM MO— • aIOC:R L LLAODW 011E ae 0 07Y oM 0711 INOMmwM II�ION IIn YaIIfIN L{M /y1q tmf Id a StOM I, IUDOIV OM NL p • L10G1. L MIAUDII OM 111 N IMOOd10M �M ')n {Il IN1I/Olar JSIW IWIs AT I.LWO WOM1 aF I. HOGS L MMODN OAA d RI1S 1 IY�14A IOM � In {N 1171N Lf11Y p11. E_al_ • NRS 1. N ADO- DAR 11 p • \OOL L Y1Ad1M OM M 1w 1 I16010401010 11R {N 1171N LSM Sana Igmt I. alncS L 4RAnOw DA11 • IOLa L LfADOM' OM d low IILONm1Yw •IR {1111}IM a1M AWIIP Ism L t•OOI f YAOOW OAR M II.IIODlL MipOW OAaM fly IY II/R lla il)IN aRM SIN %W11I f MAD—OM 11 wl �olA/MG4Dagoww INOM 'J/R III II11N R11a t.arla .awl l tIOCO L WAODW OAR 11 Ill L \/f11 L MVOIwr GA11 � _ '•Am IIyIN RNM ./N IsOI N LOGO L YIAom OM d • aw[a L NMODII uM aA 1 ) 114TIVINR10M rM IS �O111 L MIAOOW OAR d d L W(f L MIADIIM uM 1 I EN JIM RRw I 1 An.SNnllotm I iMMPJP d a IIOLi L I{ADDO. C AK- In IN FILM �M IMOM00>DM 'Jn/N IIT INLIM Aa1►1 AREA AMISS AREA ASSESS. ALMLS EOIgV A-- sIFEe AREA ZONING RATIOl AREA AMOUNT FRONT -al 11(.81 III .A 1. �lO\ qND 1 Ola♦ 17OM O IIt, 040 1 OII/ lfai /0 C a OND 1 1. \OGS L MIADM 0" uN10 q/W 1 OND 1 O)Y Of 111111&161!1l YM {MLD • aIOC:R L LLAODW 011E ae 0 07Y oM 0711 LIYLD MST I IAL IN INIM LEON OIIO I _q ND 1 _1140 1 p • L10G1. L MIAUDII OM 111 N J• _,. IM_N SND 1 a ,0-- - I. HOGS L MMODN OAA d RI1S 1 ly on. 11d�I j1�aMN OIM p • \OOL L Y1Ad1M OM M 1w 1 IiL4M_�, ! In $141111.4 LRMI OIM 11 • IOLa L LfADOM' OM d low IL►M_�10 jf 1�1�/1 N4_i_ Lm I fill. II.IIODlL MipOW OAaM fly 15114 04W M10 1 1 �IIL I1/111 LFII • - wl �olA/MG4Dagoww = In Ill INIII LRM Ill L \/f11 L MVOIwr GA11 � • aw[a L NMODII uM aA ! !wI! 111101 IYMWRIP d L W(f L MIADIIM uM 1 I EN JIM RRw L NOGL I M1AM W 0M AL1 Iowa0ME0 In IN FILM �M .Rswnlu Aa1►1 AREA AMISS AREA ASSESS. ALMLS EOIgV A-- sIFEe AREA ZONING RATIOl AREA AMOUNT FRONT -al 11(.81 III .A 1. �lO\ qND 1 Ola♦ 17OM O IIt, 040 1 OII/ lfai /0 C a OND 1 07i uN10 q/W 1 OND 1 O)Y Of {WN {MLD LND 1 OND 1 allo 1 OND I 0 07Y oM 0711 LIYLD MST tN.a LITT OIIO I _q ND 1 _1140 1 0)01 071 Onl N J• _,. IM_N SND 1 a ,0-- - /W b RI1S 1 OIN on. _ 1 OIM IA/Y 1w 1 OIOI 911D 1 OIM 11 _, MIO M low to jf _-."M Lm I fill. M10 I I fly ., MNLY 04W M10 1 IsmM 0)11 STREET FRONT TOTAL AMU. AMU. $1 "A' WW 'MEADOW OAK TRUNI. .NORM SEWER EXTENSION' PRELIMINARY ASSESSMENT IOU YROA.CI NO. CITY O/ IA9NIICEUO, MWYiSOIA OSM PROAC1 NO. 11493 •aRr/r Ldlll Mk -aft -M.10— TL %=a EaM OA�OMU I IM1 SN IgIN.RO /1 �� ^ � Ib41E07� �ILLOLRaIrY blr� /IM1 1N ntlalMM � � IYIR� �IalOO1LNI1RO11RSNAR TUI Ir TI1r rM ala YIIM�I d►IIOya1tMROA�tW /ktrlltm*w Ila 4= Ij :pl►Lad LtwllA�w AULMLnPkf4 M an Rolf Ir«R�R.wNtlaaatwol�rr Iuawntr.aR /.1. � fllNf� L11af1oa aRwoA rtw IIM1 IIa nI111.M -AM 1110 IJlOrIf>f1r arLOQatw011rttML TIALM"I" t� a�aN1.0 auamattrRall��IL /law mla tRwr ala ..w �„ YM rLROarRa1�M TUI TIL ntR11RRw Ian � _ ` y�r 01�• AttM AREA STREET EGUIV. ASSESS STREET FRONT TOTAL AREA AMOUNT FRONT. ASSESS. ArfSL ACK IISSQfMA U 111PAI 1 _wl n 1 •MI __�Ir_r 1 1 1 •_ __ I/YM rllr • AREA MLCU D. SECTION. TOWNSHIP ASSESS AMU INLIIFt ANNVNEED U!" DESCRIPTION L RANGE ADD" OWNER AREA IONW. At:tr 1ATIOI r01 r ll]CY a IfAnow oAf 11r lmwmw.Im1 IY.fODD10 AIII7NON {1/af111171N rfa �Mvat�b Wrlfr wYA w.aa{DOuo�M r>a •NP 1 .a a soca a IaAowv oM u. Tloawm.law. Ir0Y00atD AOI710M 11R II11171N 07aR /stiW W 01Y7 }lriYrl •WIVnY 1 abrraG>vY INOAm1010 p l aual 1. tw OA46IMH / lit S/► 1171N Slow Ir YTM rr O / w K COY W I IN0Nm10p p lol a1. PWCIAIIIAM Allom al I INYWm1UO ..tNallA.i 1. __ i1M114{IAIS_ 11/L t111171N IL O al I IMS_„UI\��ia 1_�M/I OIIg114AR /IR n11171N wM' /ora Tarr. OT]I.I 11 I IYOrOm101R yla aonl IaM!✓NIIaH 11/t fll lltlN O/Aa /Rla � � al 1 Iraomllry a r noa 1 Rw owEEte< R ua w n71A t7.a_, p. Igrn � •1 1 IYYAWIfp.._.,SIlROl71 �AOAfO1RAR IIQIr II�IN OIIY /R!! h ►1 I Iwommm Goo q r Rl1CR 1. taM ONII IIIAL / In tll IIt1A 011N __,am11 1 n 6. So trl IYRIOOOIRO, dIILOG11. t1aM ONl11MM ��1ll jlA ttllV /IIIfw/r 11 1 NIIa IIIIralaa a.a '*WHOM. -a I. SM LIMA O06WH I��Ia TITIN Aa1 ►1 1 •aRr/r Ldlll Mk -aft -M.10— TL %=a EaM OA�OMU I IM1 SN IgIN.RO /1 �� ^ � Ib41E07� �ILLOLRaIrY blr� /IM1 1N ntlalMM � � IYIR� �IalOO1LNI1RO11RSNAR TUI Ir TI1r rM ala YIIM�I d►IIOya1tMROA�tW /ktrlltm*w Ila 4= Ij :pl►Lad LtwllA�w AULMLnPkf4 M an Rolf Ir«R�R.wNtlaaatwol�rr Iuawntr.aR /.1. � fllNf� L11af1oa aRwoA rtw IIM1 IIa nI111.M -AM 1110 IJlOrIf>f1r arLOQatw011rttML TIALM"I" t� a�aN1.0 auamattrRall��IL /law mla tRwr ala ..w �„ YM rLROarRa1�M TUI TIL ntR11RRw Ian � _ ` y�r 01�• AttM AREA STREET EGUIV. ASSESS STREET FRONT TOTAL AREA AMOUNT FRONT. ASSESS. ArfSL ACK IISSQfMA U 111PAI 1 _wl n 1 •MI __�Ir_r 1 1 1 •_ __ I/YM rllr • 'MEADOW OAK TRUNK 57ORM SEWER EXTENSION` MMIWRALM ASSESSIAENI ROIL MK)ACI NO ,,sly,* 0.k MI K -i t i ll MININ'a1 A A ".M"1 it. I IInn"" RANal ID. SECTION, TOWNSHIP STREET ASSESS fQLI1V, ASSESS NIgMEA AIMEVIAIED ISGAL DESCM ION AIll ADORNS OWNLR ARIAEONfA: ACIP/ -.A 11 f/trot 1 -4 IIIIY Ifa0AaW110 q Y IOOI Ti MK 0.49 IAM '1n 11a II71N am "FIRM 01 aI Ilapg0001q d1l.lodlMMROgRf TIM tIM1/I11171N RIM .MIr 1MIw Oi111 RI IMO�.,a l l0a 1 M1Aa ON67 ESIA�_. _ I I IIS I111N t1IM/ fVYMw IMIa bMl W YSII D a rla�.l Cabo O YIJ R I NN 10 Iµ0 OI/. OCR MMaOMflAAN I /1a 1111N RIN dnW 645/7 Ra01a�170cdam Oq al NIS pIiIYI► LSI -14 Nvira W Iµ0AM11q g11.<OL%a1 fYM tMN1lNAN__J I IIat171N RIM .alcla�Nnl lFm/OwR 0»I •I YsrarllG Y'1 IYpAW01O 91 14 IOC11IMa 0-46 SAM _/InfIL 1171M tlIN MslG alb'/a fdwlal 0 •1 P o f1» 7d6 r C_A IY0700001W OII►IocA1 MMR OIIIf ERM Iln INS WIN WIN /1., f►n71M6 .I.Y owl dom c%slIsI, 0 RI OIaIOCaI WMW _- —9111 lOPI.WMW (OI "lora, ods".4IAN g L IOCa 1. IMdomm, EAfI _ TNI allnl.r Nw. . I�yil�lQ-��/�-----11I11»IgIN AMM i1IIIl Id11MI M11a_.��wt ►Sow 0,wd - _ ti f�� R1 Yi1aStOq X11 IOOLM/AR41N1 I�f1a 117 /NAM 11SMf�a17 RI�MNS_ IMI IRI, 111 •1 _.dsd INA WAIN IMlI� TDI l IDC111 p/ppI W I IM1►Y MINI aI1M ar1l _pl w 7sa�e y 0 • 1 �_ �wa1 MMIAwwINN1. Irw�M �IalolaLwalll►Aw 11n7ILfir%FSIM —0 IF a IYaa1�M �IIIGCilfllaal fllal IIM1 IN IIIIN IM �11a INA !1 »arl� �1►•OL7L WlR�R4� /iM1 aN IIMN MIM wlw _._i!R!1 II IM1 NL III/-& OMI 'A I 1111121 I1 1Y�1�a d1.lOO1LiWdRYM Iln /N IIIIN �Nf Iww �N 1 IMaaI.OILIOL:aa ►MF__._i1M1 I IN IIIIN Ri IYelOq �alOQllW�l►FM 0 111 SigI'll. RLM �w I/II 1 ,1a►:.•�,••• �•• ...n.�wl I1n ua nnN 11IIM r11a rA • 1 1 /� �4I Ijj�YlIMalfM V ` SIOIM��IY ~I• AREA ASSESS, AREA STREET ASSESS fQLI1V, ASSESS STRELI FRONT TOTAL RATIOS ARRA AMOUNT FRONT ASSESS ASSESS ACIP/ -.A 11 f/trot 1 Oiq NNY IIIIY I 01M Il» q "FIRM 1 OYII SrWw 1IIN70 I 010`_ FIN SE IIII SS I 0»I NNY NNW I 0 7' NN w NN 10 1 Oleg Ross CHIT, W pm NIS pIiIYI► LSI -14 I 7r M1 'MEADOW OAK TRU— STORM SEWER EXTEMSIOM PRELMAINMY AMEMMENT ROLL PROACf NO Ury OF MONIKAL10. MU" 501A OSM PRGAC I NO 114843 AMA Miff NEA SIREEI AU M Affil. lFMRV. ARM STRUT FRONT TOTAL OWNH AMA 10F•{N MHOS AMA AMOUR FROM AMEM. AIKU, ACm ACJII FIFFOIN• 11 $—A' sm 61 I 0 Vft— wei NI w ion4 0 •1 1 om 11»m mol NLDPFW 111"4 a! qm u I e vna"ol N/MY41._-J!m1• b.r q.1w •I I 0 p» "e' w4"1M14 SUIS" —a -f ftb— a— _ as" • I 1 oTN T•nY _ qa 4"4•iwl _ Pot {Im II&PIPOP SN»/w ber .6m. •410 I 11444" SUL=" •IUD 1 _ 1 Tl.lwm. {Llri Soo, 4l.fIT!? 1 • 1 1 6%40 "a4m 1 • 1 1 •"m yyp 1 I • "boa 1"04 4 NOW M»I" •4w I _l4Ww "•4w • I 44m "Mom ' •o Him 1 ' pM� 1 • 1 1 • alpee 41,a•� • 1 1 1 Fl4.Tm 1 gloomp • SAD 1 � NONE }l.iM� P•' I RRLN FARM D. SECTION, TOWNSHIP /AYElf A Y MATED UQ& DESCRIPTION ►RAN.E _ OI 11 ElOCaS OM /Ocf +In /Is TIJ ivJwv yr; rrdww�....nd RA ,.�1►mA f1a 11]1N eiwY___w� /qtly qM> d W HA wIN d M iwar o00N /1•IIJ1N eJwY /N 101 OF WAY Ma 101. TONY .MA �rr�r 'MEADOW OAK TRUNK aTORM SEWER EXTENSION' ►OFIIMINAKY ASSESSMENT POLL MljiCI NU i IY C4 M, NlI J- "NNI k01A . AEfA AYEEE. Aft[E{. ADOiL oEs1/n MEA ZMM RAllp Kf o t aR,o 1 010 •RIO 1 ru�Irdr lerVq� 22 untowtD 1 � N �enlWOIfD 1 aroW ww+r ]Ta IH[OIfD 1 1N 111s 10 a 1IY. Mot�►a INOM®W JIIROIASfA00W OM EYAII 11/1E1011]IN" maw __ 7J1 a1MiNMp IMarafOSEs It1AAR"JN`oMiaUli...___. 1,nt%nnN �mffL-1 Wg N► Ililla OM �Rl1a !P7 Make MN WOW*"Ibww Na Pa ,litsMNEwfo Y". a ANUL AREA sintil E�11V. Ass[SS. 3TIR[T ifONi. TOTAL AE[A AMOVNT FRONT AlSEu. ASS[u Kf Ilf/OIN• 11 f�/SAI Oa /1]aW 31M 1fi 0/ 11. IA/m /11aJm n {1a)Olf tU HIT W AsUNvw 1fM {Safe //W►o IW m _/Il]au1 $1 -m -do _ /"2mw ]0/0 _,__ItgO/ EaawM i1, la�lpi ._ IE 3W 1!!a 1 _ EW WIM wtw�nl. /1►m.w NW]ww V— Council Agenda - 6/13/94 G. Consideration of necieatina the 1993 Audit Resort for the ON of Monticello. ( R. W. ) A. RF.FERFNCF. AND IIACKCICCIUND: Mr. Rick Borden and/or Mr. Kim Lillehaug of Gruys, Borden, Carlson & Associates will he present at the meeting to present a brief overview of the 1993 Audit Report that has been recently completed by their firm. A copy of the report has been previously delivered or inciuded with this agenda to each Council member for your review. I realize that this lengthy report is hard fur the Council to review and analyze in such a short period of time, but the report should be accepted by the Council prior to the end of June, as it has to he submitted <x> the State Auditor by June 30, 1994. After the brief presentation of the report by Mr. Borden, if the Council feels that they would like additional time to review the report, this item can again he scheduled tit a future Council meeting for additional review. Should any of you have tiny specific questions regarding the information presented in the audit report, you may contact me prior to Monday night's meeting, or you may wish to speak to Mr. Kim Lillehaug oNways, Borden, Carlson, and we will try to answer any questions you may have. Aber review Monday evening, Mr. Lillehaug would be available for questions by the Council by simply calling in for an appointment. Generally speaking, i believe the City is in fairly good financial condition, and 1�"l saw increases in our fund balances in almost all funds tit year end. Increases in the fund balances are additional surpluses that have accumulated and result from revenues exceeding expenditures in a given year. As I noted previously, Mr. Rick llordvii will review -with the Council the fananciol condition of the City and highlight Lilly significant points during his presentation. It. A1:1'RItNA'i'IVE ACTIONS: 1. Council should accept the 199.4 Audit Report as pretiented so that it may be submitted to the State Auditor by the required June 30 deadline. 1). SUPPORTING DATA: Copy of 1993 Audit. Report (if notpreviously delivered sepLmitely). Council Agenda - 6/13/94 7. Consideration of a variance reauest which would allow olacement of a ovlon sign within the reauired setback area. Aoolicant, Champion Auto (Warnert Automotive). (J.OJ A. REFERENCE AND BACKGROUND: For the sake of efficiency, the information provided to the Planning Commission is provided to the City Council regarding this matter. The Planning Commission recommends that the variance request be denied based on their finding that no hardship or unique situation exists that would justify the variance. It was their view that the pylon sign would receive adequate exposure and be perfectly visible from the right-of-way at a location that meets city ordinance; therefore, there was not sufficient reason to grant the variance. Please see supplemental information for more detail. A video of the site is available for Council review at the meeting if necessary. ed Planning Commission Agenda - 6/T`► 6. Public Hearin¢ --Consideration of a variance reauest which would allow placement of a ovlon Bien within the setback reauirement. Applicant. Chamaion Auto (Warnert Automotive). (J.D.) A. REFERENCE AND BACKGROUND Champion Auto requests that the City grant a variance to the setback requirement that would allow placement of the pylon sign at a position very close to the property line. In the application, the exact distance from the property line has not been provided; however, a physical inspection of the site shows the location of the proposed sign to be almost directly on the property line. The need to place the sign on the property line stems from the fact that the private drive serving as a frontage road for businesses in that area is located in a manner that conflicts with normal placement of a pylon sign. The presence of the frontage road eliminates the ability of Champion Auto to place the sign at the minimum setback of 15 R and forces the sign w be placed very close to the building at a distance much greater than 15 ft. Attached is a site plan showing the situation in more detail. A video will also he provided at the meeting which will make the situation more understandable. B. ALTERNATIVE. ACTIONS 1. Motion to approve the variance request. Motion is hosed on the finding that the presence of the service drive/common roadway easement creates a hardship. The variance is necessary in order to place the sign in a position where it will have sufficient exposure. 2. Motion to deny the variance request based on the finding that a hardship does not exist. Under this alternative, the Planning Commission could make a finding that the property owner can simply place the sign on the building side (east) of the frontage road, thereby avoiding the need for the variance. The additional setback distance that is demanded by placing the sign east of the frontage road does not sufficiently diminish the effectiveness of the pylon sign; therefore, a unique situation or hardship has not been demonstrated. Under this alternative, the applicant would be required to place the sign in a position similar to the Subway Shop sign and in a position similar to the existing Billiards pylon sign. Planning Commission Agenda - 6/7/94 STAFF RECOMMENDATION: Staff recommends alternative k2. It is our view that the situation is not sufficiently unique and that a hardship has not been demonstrated that would justify placing the sign on the west side of the frontage road. It is our view that adequate sign exposure can be achieved for the business if the sign is placed at a proper location on the east side of the frontage road. SUPPORTING DATA: Copy of location; Copy of site plan; Video presented at meeting. J so i:a requirement. to Ir / L_ --+------���� � r | � .... | so i:a requirement. to Ir / L_ --+------���� � � .... | so i:a requirement. to Ir / L_ --+------���� Plar, r•'- % ----1J 1 N.89°00'00"E. 282.70 1 Ynru - yN) SIGN S.TE}t}2AT1�E LOCATION Jam. t s0/• •: ', � .w � 'Ar�_ •Y' � Y . W • o a:yT^*,;,•:-'moi-'`r,�aY; �.v p j �` ''�,� � � `. �j ` . 'tom . fl °j +' ♦u'� k?<'.Ty •�" ►'tPn '�I'.�-� J' ' .4 +�.,.1:i;=k" ' i -� IL •£.`� � 2it i.' r' y�^�'«._�;�zN, �. ; " „� ?�` -:SS' .',",'� 9<e� _ `"`a• S%b�t'.+�9'r�b� �•+�t�':-s":r.,.:,.�';: � ;-`�;; � e t.: _� `' � � ' ° ' �,�'` N: : • • �„ lrt `+.' / yr°!!ajti `i''r:'�++'v Qc1:.1!''V-••`4�. �j� �. ryb �:p r C N e9°00'00"E C!,�y�Y� - - ;. .. - "•273.J8•`' •� r. ~ � h aT ': • \ f :X1 ,rtt7C, BILLIARD S�<T1J � !-fit: / S W. Co—, o/ Loi i °O90g.•�, pt 3t ...I• • t - �Y'4+��"�'S. � p�50 .l j Legal Description: Lot 1, Block 1, C0101EBCIAL PLAZA 25, Wright County, Minnesota, ac.ording to the record plat thereof, except that part of said 0 Lot 1, that lieo Southerly of a line drawn from a point on the i Westerly line of said Lot 1, distant 30.00 feet Northeasterly it of the Southwest corner of said Lot 1, to a point on the Eaoterl Jo 4 line of Lot 2 of said Block 1, distant ,0.00 foot 5outnwesterly of the Northeast corner of sold Lot 2. ANTh That part of Lot 2, of paid Block I, that lies Northerly of i go n line drawn from a point on the Westerly line of Lot 1 of said t}7r Block 1, distant )0.00 foot Northeasterly of the Sosthweot corner Of said Lot 1, to a point on the Easterly line of oaid Lot 2 distant 50.00 feet Sout.hwentorly of the Northeast corner of said Lot 2. CITY OP MUTIC30AD VARIANCE REQUEST APPLICATION 1J , 0' Z(VJ. AU FEE: $50 for setback or $125 for others + necessary consulting expenses• W ✓lel. • NOTE: Necessary consulting fees include the cost to have the City Planner analyze variance, rezoning, and conditional use permit requests at the rate of $75/hr. Generally, the level of City Planner Lnvolvenent corresponds with complexity of request and/or the potential impact of the request on the City. The need for City Planner assistance is determined solely by, ^C sty staff. APPLICANT'S NAME/ADDRESS: CA Rfy\� AUT-6 ne T Au'roIno-nv-c PHONE. A911W WM: '056 - l LEGAL DESCRIPTION: LOT I BLOCK �_ SUBDIVISION Com,.,,., PLRZA ADB OTHER DESCRIBE VARIANCE REQUEST. ��o 0„95T 7> Hl-t-na. ?L.RCr'rh awi py `iCC ST79 (,Di -.7�� /� 5 %!/d- rli F� Xyl Tb- r Err BACk What are the unique circumstances that create exceptional difficulties when utilizing the property in a manner customary and legally periaieoible? DATE:. SIGNED: ..•.•.•........................................................... (J Fee paid: Receipt Number: — Currently Zoneds J� J Planning Case Number: CJy - n.� Date Application Rec iveda Date of Planning Commission Public Hearing: ; _ L Times r10 PLANNING COMMISSION FINDING Has a hardship been demonetratod? (J Yea (J No Will approval of the variance request: A. Impair adequate supply of light and air to adjacent property? (J Yea (J No B. create an unreasonable congestion increase in the public street? (J Yee (J No C. increase the danger of fire or endanger the public safety? (J Yee (J No D. unreasonably diminish property values within the neighborhood? (J Yee (J No 1. be contrary to the Intent of the ordinance? (J Yee (J No Summary of Planning Commission Plnding: Was there an appeal? (J Yee (J No If no, attach a copy of the appeal. f Date of Council cone iderat ion: %�%/ lt-,- Tim7�/ Line. .QU,4• Decision of Councils (J moo attached Commenta. (J ass attached Publication DatesS/dt, ;jyt/7q xling Daterr Video? (( Yee Is O No VARREQ. FRM1 7/1/93 y e Council Agenda - 6/13/94 Review status of development agreement negotiations - Country Club Manor, Outlot A. (d.O.) A. REFERENCE AND IIACKO(OUND As you recall, City Council authorized City staff to enter into direct negotiations with David Hornig regarding the sale of Outlot A of Country Club Manor to David Hornig for the purpose of development of multi -family, senior housing, and owner -occupied townhomes. The first phase of the development proposed by Hornig consisted of a 42 -unit multi -family housing development. The second phase outlined development of a 26 -unit senior housing development. The proposal staled that Hornig would pay $3,000/unit developed, which amounts to $126,000 for the first phase. Hornig won the opportunity for direct negotiations with the City over Shelter Corporation (37 units, $86,000) based on the higher offer and higher market value associated with development of a 42 -unit complex. City staff, along with the City Attorney, met with Hornig to discuss terms of the development agreement and were surprised to find that Hornig desired to have the flexibility to adjust the sire of the first phase. Hornig requested that the first phase of the development he reduced from 42 units to 12 - units. It was also requested that the City sell only the portion of land necessary to support the 12 -unit development ($36,000). Under this arrangement, the City is required to hold more land for n longer period. I infiornmd Hornig that his modified proposal appears to he at sufficient variance from his original proposal to require that the City Council review the matter. It appeared to me to be questionable as to whether or not the Council would wish to continue negotiations under the revised terms. I have invited Hornig to attend the meeting to discuss his intentions further with the Council. Council is asked to review the situation and {,rive staff further guidance. B. ALTERNATIVE AC1'IONS: 1. Motion to authorize City staff to continue to negotiate with Hornig and to accept project phasing and associated land transactions in increments smaller Chun what was understood under the original proposal, 2. Motion to direct staff to continue negotiations with Hornig but hold firm on the requirement that Hornig's first. phase consist of a 42 -unit complex. Council Agenda - 6/13/94 Motion to continue negotiations with Hornig on development of a 42 - unit facility with the first phase; however, authorize staff to instigate negotiations with the Shelter Corporation in the event that Hornig is unwilling to develop a 42 -unit complex as originally proposed. Under this alternative, City staff would continue to negotiate with Hornig but do so from the position that if negotiations fail, City staff is authorized to begin negotiations with Shelter Corporation. Council should know that staff has had ongoing communications with Shelter, and Shelter is interested in entering negotiations at any time should the deal with Hornig fall through. Garrett Carlson of Shelter Corporation informed me that his offer stands to purchase the first (4 acres) phase in its entirety. STAFF RECOMMENDATION: City staff recognizes that the Hornig developments in the community have a good track record, and the local neighborhood generally supports the selection of Hornig as the developer for the site. It is our view, however, that the position taken by Hornig during initial negotiations presents a plan that is substantially different than the plan that was accepted by the Council; therefore, if Hornig continues to hold firm on his revised plan, then perhaps Council should consider reviewing its previous decision to select Hornig and perhaps authorize staff to enter into negotiations with Sheller Corporation. D. SUPPORTING DATA: Copy of proposal summary from previous meeting. DEVELOPMENT PROPOSAL DESCRIPTION / COMPARISON AND ANALYSIS OUTLOT A OF COUNTRY CLUB MANOR - 4/21/94 HORNIG I I COMMENTS I SMELTER I I COMMENTS Cspar >ee Proposal Good Sae Good E ound: Devabper Sae P Good Sea Pro Good Oualllkatons: PHASE I • FAMILY APTS PHASE I • FAMILY APTS Total svu=resRam 3 7 Total unra 42 a• 37 Ave sq Rlunt 1,365 1,OS3 Total square R 38.490 R"As ti s. \) 40.063Bu9dlgoonst.00st $2.00D.000 LI $1,628.000 Total tett capaary Annual taws $43.000 533.300 Two bedroom units 11 19 Three beNoom units 32 6 Total be0roorro 118 62 Agee used 4.36 4 Density • unitslacre 9.83 9.23 Price altered $126.000 / 000 $84,000 Pnco Pa unit $3.000 1\ / $2270 Price/acre $28.899 w t { 1 $21,000 ` T arapes 42 37 U.„ xed pairing 78 74 Total panktg stabs 118 111 Tod staOMdt 2.81 3 00 Estmmted pop<dnbon 133 59 Ranter vtoome caP7 nc yet Estimated rwnW rams $60D.$6OD 2BRIM - 3BR/$77e- wasrtar/dryer In each ml Central I, -W q PHASE II - SENIOR APTS PHASE II - SENIOR APT° Total urnb 24 28 Total bedroonns 48 32 Ave sq W MI 1,040 a00 Total square R 24,980 20.800 Suadlrg coal, cost $1,100,000 1,170,000 Taal tar capaary Annual tour $0.000 $23,a00 Aama Used 384 4 Denary- unlm/mo 623 83 Pnce allored $72,000 $84,000 Pica Par umi $3.000 $3.231 Toms galages 24 28 L xad pats ahg 6 36 Tdb rwkUV at08e 32 36 Total ata&urut 1.33 2.13 waslhsr/dryo In mach unt to each tete To' 'd and atm Imp nem MORNIG COMMENTS S [am waver saw 3 5152.000 Pal xee 2 Total kwasurn of S ury4s lard 2.8 Toted acres 16 Ptm I ono II PrnWeae $24,146 511.200 Lard prate•WI $196.000 EXPENSE AND CREDIT SUMMARY - PHASES I AND 11 S43.Op0 DEVELOPER CRY LandDost $198,000 $20.000 Berm and tree ow" $13,000 $13,000 Split 50'30 Tree ptw bnW70t St $10,000 Orr $250 tree eery 20' Park dmknx a 1 $3.000 $8.000 Dw•Im lot, Cltyadw S torn s .-pond grddinp $13.000 SUBTOTAL 5216.000 $46,000 To' 'd and atm Imp nem $262.000 Law pots ml City experts" (not) 5152.000 City perk Imp. v We $8,000 Total kwasurn of $3.362.000 IanewAd 9ftlD Totw emnual texas Ptm I ono II $70,000 City shwa of mm 511.200 PHASE III • POSSI&UTES Puma III cw@ $04,000 (If mmor Dl nmd r WW) SMELTER I I COMMENTS 3 2 3 16 521,000 5168.000 DEVELOPER CITY $168,000 530.000 Oev, tmlple0ad Ow1Marwdl-a rq $10,000 Orr 5210 dee way 20' S43.Op0 Dw•mt 1% and 00tw 53.000 $10,000 Dwaiopw herded 5246,000 $20.000 S268.0D0 5148.000 sa.000 13.084.000 I 538.700 $9,072 583.000 Council Agenda - 6/1'3/94 9. Consideration of a request to amend the Citv open burning ordinance. (R.W.) A. REFERENCE AND BACKGROUND I have recently had a couple of conversations with Mr. and Mrs. Dean Carstens of 101 Craig Lane within the Ritze Manor plat, who have complained of nuisance recreational fires that are occurring in his neighborhood. Mr. Carstens is requesting that the City Council consider amending the open burning ordinance to disallow recreational fires as an exception to our ordinance and require that all recreational fires obtain a permit first. Enclosed is a copy of Mr. Carstens' letter requesting Ccu::ci! action for your review. While 1 can certainly understand Mr. Carstens' concern if his neighbors are constantly having recreational fires that are causing a nuisance with smoke entering his house, this is the only complaint that I have had for as long as I can remember concerning this type of fire. Because of one complaint, I'm not convinced that the City should be completely eliminating recreational fires, but the Council may want to consider strengthening our definition and conditions under which these fires are allowed. While our ordinance makes an exception for recreational fires that are for recreation, ceremonial, food preparation, or social purposes, this definition can he quite vague, as almost any type of fire seems to he permissible. I believe the original intent of allowing small fires in someone's back yard was for food preparation and/or ceremonial events such as it boy scouts event, we may want to consider eliminating the broad term "allowing fires for social purposes" and provide additional restrictions. One possible suggestion is to amend Section 5.4-7 by indicating that the recreational fire must be for ceremonial or food preparation purposes only and be contained within it 341 diameter area. In addition, the fire must not be left unattended, and the prevailing winds should not cause the fire to become a nuisance to other neighboring residences. Possibly this minor modification to our ordinance would allow it nuisance fire to he it violation of our open burning exception and would allow enforcement to discontinue the activity. 11, ALTERNATIVE ACTIONS Council could determine to leave the open hurning ordinance as is Without any amendments. Council Agenda - 6/13/94 Since this is the only complaint city hall has received from the public regarding recreational type fires, we may be overreacting to one problem area by amending the ordinance to delete recreational fires at this time. 2. Council could determine to delete the automatic approval of recreational fires but require all recreational fires to obtain a permit first. I believe this option would he extremely difficult to enforce and become burdensome on the staff to issue minor permits for these types of recreational fires. In all likelihood, the public would not be aware of the requirement for obtaining a permit for a small ceremonial fire, which have not normally been a problem in the past Council could adopt the amendment as proposed that would provide additional conditions and definitions for Section 5-4-7. Under this option, a recreational fire that becomes a nuisance to the neighbors could be asked to be curtailed as violating our exception to open burning. STAFF RECOMMENDATION It is the Administrator's recommendation that the Council consider modifications to the definition for recreational fires but that they continue to be an exception to the open burning restrictions. While 1 certainly sympathize with Mr. Carstens' concerns over smoke entering his house from these small recreational fires, to simply ban them seems to be overkill since this is the only problem or complaint that 1 have received in many years. 1 would recommend the definition he modified as outlined with burning allowed for ceremonial or food preparation only, the fire not left unattended, the fire contained within a 3 -IL diameter area, and allowed only during times when the prevailing wind would not, cause n nuisance to abutting properties. 1). SUl'MRTINC DATA; Copy of proposed ordinance amendment. 10 ORDINANCE AMENDMENT NO. THE CITY COUNCIL OF MONTICELLO HEREBY ORDAINS THAT ORDINANCE SECTION 6.4-7 PERTAINING TO RECREATIONAL FIRES AS AN EXCEPTION TO OPEN BURNING RESTRICTIONS BE AMENDED AS FOLLOWS: 5-4-7: 40CA?14ATIONA6 Fire set f4 reereationalr-eeremmiiel, food PrepeFA:WMIr OF et ial purposeF; are permitted provided only weed, er-el3areeal-is-wed- 12L 'ATIONAL: Fires set for ceremonial or food preparation are �S permitted provided the following conditions are adhered to: (A) Only dry wood, coal, or charcoal is burned. (13) Fire must be contained within a 3 -ft diameter area. (C) Fire must not be left unattended. J'�— rI r;+ fib, MUST Be 60cn4o_.0 h K 1L,aed Adopted by the City Council this 13th day of .June, 1994. (/ zs' 0 10171 Mayor City Administrator LID] Mr. Rick Holfsteller May 31, 1994 City Administrator Monticello, MN Subject: Revise or Delete Recreational Fire Ordinance Dear Rick, As a city of Monticello resident, I am requesting that you take action to delete city ordinance Chapter 4, Section 5-4-7, "Recreational Fires". This section allows an exception to the open burning restrictions of Chapter 4. Therefore, a "recreational" fire can be ignited any time, regardless of prevailing wind direction and with no minimum distance from the neighboring residences. I have had smoke from a neighbor's "recreational" fire pit enter my house on several occasions and according to the current ordinance there is nothing I can do to stop it. A recreational fire should be listed along with the ocher open burning categories of Chapter 4, Section 5-4-3, "Open Burning Permit Applications". There is no need for having the recreational fire exception. From what I've been told it was put in the ordinances "in case the boy scouts wanted to have a wiener roast". That reason does not justify an ordinance that allows ground level release of high smoke content fires, as often as desired, regardless of the prevailing wind direction and distance from neighboring houses. If the "recreational" fire category was transferred to Section 5-4-3, such an open fire would still be possible, however, it would have to meet the same restrictions as other open fires. That way, the permit for the open fire could be revoked per Chapter 4, Section 5.4-4(2) if "a nuisance condition would result from the burning". 1 regret having to bring this issue up. In a perfect world, the ordinance may have worked for the rare occasion that the boy scouts wanted a spur of the moment wiener/marshmallow roast and didn't want to go to Montissippi Park. The reality is that it allows carte blanche fires. I feel strongly that I have a citizens right co legally end a neighbors fire if It is smoking me out of my house. Please take whatever action is needed to follow up on my request. I am available to answer any questions you may have or to attend a future city council meeting. You can contact me at my home phone number 295.2182. S0oraly, Doan A. Carstens Enclosure: City Ordinance, Chapter 4, "OPEN BURNING" 0 Council Agenda - 6/13/94 to. Consideration of approving open burning permit - Glen Posusta - AMAX Storage. (R.W.) A. REFERENCE AND BACKGROUND: Mr. Glen Posusta, owner of AMAX Storage located at Dundas Road and Cedar Street, has requested a permit to conduct open burning on his property for removal of brush and scrub trees from his storage building development. The property in question should he more than 600 fl away from any occupied residence, which is one of the conditions that must be met before a burning permit can be granted. Since there has been controversy on previously -issued burning permits within the city limits, the Council has asked that all burning permit requests be brought before the Council for approval and issuance. Although this location should not pose any problems with residential properties, our ordinance does indicate that a permit application shall be denied if there is a reasonable or practical alternative method of disposal. As in almost all cases, brush and debris can be hauled to a landfill for disposal, but it's usually more economical to obtain a burning permit. B. ALTERNATIVE. ACTIONS: 1. Because of the location being more than 600 fl from any occupied residence, the Council could approve the issuance of an open burning permit to Mr. Glen Posusta. As a condition of the pennit, the City requires a $250 deposit to cover the cost of calling out the fire department if needed and is returned if the burn is adequately controlled. ? . J USS 2. Do not approve the open burning permit request. Under this option, the Council would be determining that the permit should be denied because there are other reasonable ulternutives to disposal of the material rather than burning. C. STAFF RECOMMENDA'T'ION: While the staff does not have a formal recommendation on this request, this is one of the occasions where the property in question actually is more than 600 R away from the nearest residence. In the past, burning permits have been issued to locations that were directly adjacent to residential properties; and in this case, no homes would he affected nearby. It is also our understanding that the brush and vegetative matter requested for burning did result from the development of the property for the storage building complex. D. SUPPORTING DATA: Copy of burning ordinance. I CHAPTER 4 OPENING BURNING SECTION: 5-4-1: Definitions 5-4-2: Burning Restricted 5-4-3: Open Burning Permit Applications 5-4-4: Permit Denial and/or Revocation 5-4-5: Liability 5-4-6: Conflicting Laws 5-4-7: Recreational Fires 5-4-8: Penalty 5-4-1: DEFIN ITIONS: (A) SCOPE: As used herein, the following words shall have the meanings defined herein. (B) NATURAL/VEGETATIVE MATTER: "Natural/Vegetative Matter" means grass clippings, leaves, twigs, sticks, and branches, but not the main trunk nor primary limbs of trees, and the non -harvested parts of garden plants. (C) OPEN BURNING: "Open Burning" means the burning of any matter whereby the resultant combustion products are emitted directly to the atmosphere without passing through an adequate stack, duct, or chimney. 5-4-2: BURNING RESTRICTED: (A) No person shall cause, allow, or permit any burning in the city of Monticello except as may hereinafter be allowed. (B) Open burns ng may be conducted if an open burning permit is obtained pursuant to the requirements of this ordinance and other regulations of local, state, and federal agencies. 5-4-3: OPEN BURNING PERMIT APPLICATIONS: (A) APPLICATION: Application for open burning permits may be made in cases where fires are proposed to be set for the following purposes: 1. bona fide instruction and training of fire fighting personnel and for the testing of fire extinguishing equipment; 2. elimination of fire o4 health hazards which cannot be abated by any other practicable means; 3. activities in accordance with accepted forest or game management; MONTICELLO CITY ORDINANCE TITLE V/Chpt 4/Page 1 �0 4. ground thawing for utility repair and construction; 5. the disposal of trees, brush, grass, and other material/vegetative matter in the development of land and right-of-way maintenance. (B) RESTRICTIONS: A burning permit shall be issued on a prescribed form to the applicant if the burning is for one of the purposes set forth in (A) and the applicant agrees that all burning shall be conducted under the following circumstances: 1. The prevailing wind at the time of the burning shall be away for nearby residences. 2. The burning shall be conducted as far away as practical from any highway or public road and controlled so that a traffic hazard is not created. 3. The burning may not be conducted during the duration of an air pollution alert, warning, or emergency. 4. The recipient of the permit or his authorized representative shall be present for the duration of any fire authorized by the permit. 5. Prior notice shall be given to the local Department of Natural Resources forest officer, local fire marshal, or local fire chief of the time and location of any fire authorized by the permit. 6. Open burning for ground thawing shall be conducted in accordance with the following additional restrictions: (a) Fuels and starting materials shall be of a kind which do not generate appreciable smoke. (b) Coke used for ground thawing within 500 feet of dwellings or occupied buildings shall contain less than one percent sulfur. (c) Ambient air quality standards for sulfur dioxide and carbon monoxide shall not be exceeded at occupied residences other than those located on the property on which the burning is being conducted. (d) Propane gas thawing torches or other devices causing minimal pollution shall be used when practicable. 7. Open burning of materials permitted in Section 5-4-3 (A)5 shall be conducted in accordance with the following additional restrictions: (a) The location of the burning shall not be within 600 feet of an occupied residence other than those located on the property on which the burning is conducted. MONTICELLO CITY ORDINANCE TITLE V/Chet 4/Page 2 0 (b) Oils, rubber, and other similar smoke producing materials shall not be burned or used as starting materials. (c) The burning shall not be conducted within one mile of any airport or landing strip unless approved by the director. 8. The following persons are authorized to accept application and issue open burning permits. 1. Zoning Administrator 2. Building Official 3. Fire Chief 5-4-4: PERMIT DENIAL; PERMIT REVOCATION: (A) Any permit application submitted shall be denied if: 1. a reasonable, practical alternative method of disposal of the material is available; or 2. a nuisance condition would result from the burning. (B) Any permit is subject to revocation at the discretion of a Department of Natural Resources forest officer, the local fire marshal, or fire chief, or the permit issuer if: 1. a reasonable practical method of disposal of the material is found; 2. a fire hazard exists or develops during the course of the burning; or 3. any of the conditions of the permit are violated. 5-4-5: LIABILITY: The granting of an open burning permit under any provisions of this ordinance does not excuse a person from the consequences, damages, or inquires which may result therefrom. 5-4-6: CONFLICTING LAWS: Nothing in this ordinance shall be construed to allow open burning in those areas in which open burning is prohibited by other laws, regulations, or ordinances. 5-4-7: RECREATIONAL: Fire set for recreational, ceremonial, food preparation, or social purposes are permitted provided only wood, coal, or charcoal is burned. 5-4-8: PENALTY: Any person violating the terms of this ordinance shall, upon conviction, be guilty of a misdemeanor. MONTICELLO CITY ORDINANCE TITLE V/Chpt 4/Page 3 Council Agenda - 6/13/94 t t. Consideration of annual municipal maintenance agreement with Wright County. and consideration of access agreement outlining Citv use of county right-of-wav for ISTEA oathway. (J.S., J.O.) A. REFERENCE AND BACKGROUND: For many years, the City of Monticello has contracted with Wright County for snow and ice removal on various county roads. The 1994 maintenance agreement requested by the Councy includes Countv State Aid Hiehwav 75 from Willow Street near Pinewood Elementary School to the cast junction of County Suite Aid Highway 39, and Countv State Aid Hiechwav 39 from the Monticello Public Works building to the west junction of County State Aid Highway 75. For County Road 75, we perform all of the snow and ice removal with the exception that both the City and the County perform sanding operations on that elevated portion of County Road 75 between the hospital and the liondhus Corf»)ration property. For County Road 39, we perform approximately 251h of the snow and ice removal based upon whether we hit the area first or the County does. The County reimburses us on it per -mile cost based upon the previous year's cost incurred by the County. For 1994, based on the 1992 average annual cost, we would he reimbursed $5,063.51. Considerntiun of the annual maintenance agreement was delayed for approval this year while we worked out details regarding the new pathway project being on county highway right. -of -way. New that both documents have been prepared, itis appropriate to consider adopting them at this time. I1. ALTERNATIVE ACTIONS: 1. The first alternative would he to approve the 1994 maintenance agreement and to approve the pathway access agreement with Wright County as presented. 2. The second alternative is not to approve one or hoth of Clic agreements. C. STAFF RECOMMENDATION: It is the recommendation of Che Public Works Director that the City Council authorize approval of the maintenance ngre menu as outlined in alternative t11. This allows us to give our citizens a higher level of service 12 Council Agenda - 6113/94 than if the work were being totally performed by the County, as we must travel these areas to reach other portions of the city and generally start a few hours prior to the County beginning their operations. The access agreement benefits the City and County by establishing clear expectations with regard to construction, use, and maintenance. D. SUPPORTING DATA: Copy of the letter from Wright County and the 1994 maintenance agreement; Copy of access agreement. 13 WRIGHT COUNTY 2 DEPARTMENT OF HIGHWAYS iz Wright County Public Works Building Route No. I - Boz 97-B Buffalo, Minnesota 55313 '%WG Jet. r.H. 25 and C.R. 138 4y relephone (612/ 6827383 7866 January 21, 1994 Rick Wolfsteller, Administrator City of Monticello 250 East Broadway Monticello, MN 55362 Re: 1994 Maintenance Agreement Dear Mr. Wolfsteller: WAYNE A. PINGAL`iON, P E High -.y E.g..., 68z 73M DAVID K. MONTEBEL.LO. P E. Mns m Hmh•ay Enor-, 682 7397 RICHARD E. MARQUETT£ Right of W ay Agent 682-7386 It is once again time to renew our annual municipal agreement for the maintenance activities on the road(s) listed on the enclosed agreement. You may remember that the costs used in computing the reimbursement for the maintenance agreements is the highest average annual cost per mile for either the rural or municipal roadway segments in the previous year. This is consistent with state -aid procedures. In most cases maintenance activities are more costly in municipal areas therefore these are the routine maintenance costs that are used in computing the cost per mile for reimbursement. To give you an idea of the cost for each maintenance activity we have shown the 1992 average cost per mile for each activity in the 1994 maintenance agreement. Please note that we added "spring sweeping' to the 1994 agreement. It was recently brought to my attention that you were not being reimbursed for this activity performed by your forces in the spring to clean up the sand accumulation from the snow/ice control activities. 1 have enclosed two copies of the 1994 agreement for your review and approval by the City Council. Please return both copies of the executed agreement. Atter approval by the County Board, one of the copies will be returned to you for your riles. A check reimbursing your city for the maintenance activities covered under our 1993 agreement, has been sent to you under separate cover. If you have any questions concerning this or if you note any discrepancies please don't hesitate to contact our office. Happy New Year! Sincerely, Wayn . Fingalson County Highway Engineer t'� Enc.: (2) 1994 Mon. Maintenance. Agts. Equal Opponunny i Affirmative Artwn Empbyvr 0 MAINTENANCE AGREEMENT - 1994 THIS AGREEMENT made and entered into by and between the City of Monticello hereinafter referred to as the 'City' and the County of Wright hereinafter referred to as the 'County". WHEREAS, Chapter 162, Minnesota Statutes, permits the County to designate certain roads and streets within the City as County State Aid Highways, and WHEREAS, the City has concurred in the designation of the County State Aid Highway within its limits as identified in County Board's resolutions of August 28, October 8, November 5, December 3, December 27, 1957 and January 7, 1958, and WHEREAS, it is deemed to the best interest of all parties that the duties and responsibilities of both the City and the County as to maintenance on said County State Aid Highways to be clearly defined, NOW THEREFORE, IT IS AGREED with regard to said County State Aid Highway maintenance: That the City will be responsible for routine maintenance on the following highways. MAINT. PLAN SCGMENT MILES COST/ML• TOTALCOST• 1. CSAH 75 Willow St. to E. Jct. CSAH 39 3.74 774.34 $2,896.03 (Includes four lane portion.) 2. CSAH 39 From City Public Works Bldg. to 0.32 193.58 61.95 W. Jct. of CSAH 75 4. CSAH 75 Four lane portion 3.10 601.58 1,864.90 4. CSAH 39 From CSAR 75 to Kampa Cir. 0.40 601.58 240.63 ESTIMATED TOTAL - $5,063.51 That routine maintenance shall consist of the following: (Maint. Plan) 1. (CSAR 75) - Snow and ice removal. 2. (CSAH 39) - 25 % of the snow and ice removal. 4. One-time spring sweeping only. 'Based on 1992 average annual costs. That when the City deems it desirable to remove snow by hauling, it shall do so as its own expense. The City shall also be responsible for all snow and ice removal on sidewalks and other boulevard related maintenance outside the curb or street area. That the County will he responsible for all usher maintenance. That the City shall indemnify, save and hold harmless the County and all of its agents and employees of any form against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution or performance of the work provided for herein to be performed by the City. It is further agreed that any and all full-time employees of the City and all other employees of the City engaged in the performance of any work or services required or provided for herein to he performed by the City shall be considered employees of the City only and not of the County; and that any and all claims that may or might arise under Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third panics as a consequence of any act or omission on the part of said City employees while so engaged on any of the work or services providud to be rendered herein shall he the sole obligation and responsibility of the City. (Sheet I of 2) That the County shall indemnify, save and hold harmless the City and all of its agents and employees of any form against any and all claims, demands, actions or causes of actions of whatever nature or character, whether at law or equity, arising out of or by reason of the execution, omission or performance of the work provided for herein to be performed by the County including, but not limited to, claims made arising out of maintenance obligations of County, mgineering, design, taking or inverse condemnation proceedings. It is further agreed that any and all full-time employees of the County and all other employees of the County engaged in the performance of any work or services required or provided for herein to be performed by the County shall be considered employees of the County only and not of the City; and that any and all claims that may or might arise under the Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the work or services provided to he rendered herein shall be the sole obligation and responsibility of the County. That in December of 1994 , the City shall receive payment from the County for their work. This amount shall be based on the 1993 average annual cost per mile for routine maintenance on Municipal County State Aid Highways. The average annual cost per mile will reflect only those costs associated with the areas of routine maintenance for which the City is responsible. ADOPTED , 19_ ATTEST: City Clerk Mayor CERTIFICATION 1 herebycert[ that the above is a true and correct co of a resolution duly passed. adopted and certify PY Y P Pt approved by the City Council of said City on , 19_. City Clerk APPROVED AND ACCEPTED: COUNTY OF WRIGHT Name of City Chairman of the Board ATTEST: County Coordinator e (Sheet 2 of 2) G) ACCESS AGREEMENT BE'1'WEEN�'K1t1('H'F COUNTY AND '1'l1E CITY OF MOMI'ICELLO WHEREAS, the City of Monticello (hereafter the City) desires to construct a public use pedestrian/bike path along Wright County's property to offer residents safe and convenient access between the east and west ends of the City; and WHEREAS, Wright County (hereafter the County) is desirous of cooperating with the City in providing a safe alternative to streets and highways for pedestrians and bicyclists: NOW, THEREFORE, the County and the City hereby agree as follows: I. The County hereby grants to the City access to the County's property described as Follows: The south boulevard of CSAH 75 from Meadow Oak Avenue to Washington Street, from Elm Street (CSAR 39) to River Street, and along the west boulevard of Elni Street (CSAII 39) from CSAH 75 to Golf Course Road, maintaining an 8 -ft wide bituminous pathway and any necessary drainage structures, signage, pedestrian bridge, and landscaping. 2. The City agrees: a. That it shall receive approval of the Wright County Highway Department for the specific alignment in the field prior (o commencing construction. The City shall provide the County with copies of plans and specifications showing route and construction details fur I.he County's approval prior to setting it letting date. b. That it shall notify the County at least three (3) days i n advance of commencing with construction. C. That it shall secure all permits required for the construction. d. That it Shull not assess the County for any costs for construction or maintenance. C. That it shall maintain the path and approximately len (10) feet on either side of the path in a good and safe condition. 1'. That it shall provide any police protection required for the path. g. That it Shall defend, indemnify, and hill[[ the County hmmless from any claims, suits, or causes of action arising from acty or omissions of the City, its agents, contractors, or employees in the construction, maintenance, or operation of the pathway. (4. '['his Access Agreement may be amended in writing upon agreement of both parties. ACCESS.AGR: 5/26/94 Page I // This Access Agreement shall be perpetual, although the Access Agreement may be terminated by the mutual agreement of both parties after a period of ten (10) years from completion of construction. CITY OF MONTICELLO WRIGHT COUNTY By: ------- By: Brad Fyle, Mayor Pat Sawatzke, Chairman Board of County Commissioners and and Rick Wolfsteller Richard Norman City Administrator Wright County Coordinator and Wayne Fingalson, P.E. Dated: Dated: APPROVED AS TO FORM: By: ACCESS.AGR: 6/26/94 Page 2 0 Council Agenda - 6/13194 12. Consideration of advertising for bids for demolition of the old Gille house and appurtenances at 1324 West Broadway. i.I.S.1 A. RBh'F.RFNCR AND BACKGROUND: Action on this item was tabled in April at the recommendation of the City Attorney, as it was his opinion that we did not have authorization to move ahead and demolish the building. Since that time we have received a letter of authorisation from Wright County and have received written input from the Minnesota Pollution Control Agency, and staff feels it is now proper W remove the building and seal the wells. We will be doing some excavation to the south of the existing building for septic bank and drain field removal; and if any contaminated soils fire found, we may stockpile and cover those on site to be handled with the fuel tank removal. The fuel tank removal itself will occur after authorization from the Minnesota Pollution Control Agency. We have spoken with Agassiz Environmental, the firm that did the original site assessment, and they indicated that they would be willing to prepare a funding pre -approval report for the Minnesota Pollution Control Agency so we can he assured of soil cleanup funding prior to removing the tanks. The cost of preparing this report would he $2,000. In addition, they would assist us with the technical portion of preparing the specifications for tank removal so that we could hid those after obtaining approval from the Minnesota Pollution Control Agency. Any additional contaminated materials found with the house demolition and septic trunk removal could then be handled with the Caulk removal part of the project. At this meeting, we are asking the Council to approve the plans and specifications and aut.hnrire advert.isenlenl for lids for the demolition of the building and site appurtenances such as the pump islands and concrete slabs and triangular building up front. There have been it few changes in the plans and specifications, so they are enclosed for your review. We are also asking; City Council to consider authorizing Agassiz to prepare the pre - approval report for the Minnesota Pollution Control Agency at a cost of $2,000 and authorize $600 to Agassiz for assistance with preparing the technical portions of Lite specifications for tank removal. This work would be done concurrent with the advertisement for hids for the building demolition and well scaling. The bids are due hack on .July 7 u) be reviewed at the .July 1 I Council meeting. 14 Council Agenda - 6/13/94 B. ALTERNATIVE ACTIONS: 1. The first alternative is to approve the plans and specifications for the demolition of the old Gille house and appurtenances and authorize advertisement for bids, and also to authorize $2,000 to be expended with Agassiz Environmental for the pre -approval report and $500 for assistance with preparing the specifications for tank removal. 2. The second alternative would be to approve the plans and specifications and advertise for bids to hold off on developing the pre - approval report until after we have the bids in hand for the demolition of the building. 3. The third alternative would be to do nothing at this time. C. STAFF RECOMMENDATION: It is the staff recommendation that the City Council approve the plans and specifications and authorize advertisement for bids for the demolition of the old Gille house and appurtenances to he returned on July 7. It is the Council's choice whether they want to move ahead with the pre -approval funding report or wait until the bids are returned on the house. If the pre - approval funding report was done ahead of time, this would save us some time in completing the project. D. SUPPORTING DATA: Copy of revised plans and specifications; Copy of Agassiz site report; Copy of all hills paid to date on this project. 15 SPECIFICATIONS FOR BUILDING DEMOLITION AND SITE PREPARATION OF THE OLD GILLE HOUSE AND APPURTENANCES 1324 WEST BROADWAY FOR THE CITY OF MONTICELLO MONTICELLO, MINNESaTA JUNE 7, 1994 Prepared by City of Monticello DEMGILLE.SPE: 6/7/94 INVITATION FOR PROPOSALS OLD GMLE HOUSE DEMOLITION 1324 WEST BROADWAY FOR THE CITY OF MONTICELLO, MINNESOTA The City of Monticello will receive proposals at the Monticello City Hall, 250 East Broadway, until 10 a.m., Thursday, July 7, 1994. All proposals will be publicly opened and read aloud. All proposals shall be inked or typewritten on forms to be supplied by the City. Copies of the plans and specifications may be obtained from the Monticello City Hall at 250 East Broadway, Monticello, Minnesota 55362. The successful contractor will be required to furnish and pay for a satisfactory performance bond. Proposals will be considered by the City of Monticello on Monday evening, July 11, 1994. The City reserves the right to reject any or all proposals or to waive any informalities in the proposals. BY ORDER OF THE CITY OF MONTICELLO Rick Wolfsteller City Administrator DEMGILLE.SPE: 617194 Page 2/l. PROPOSAL FORM FOR BUILDING DEMOLITION AND SITE PREPARATION FOR THE OLD GILLE HOUSE AND APPURTENANCES 1324 WEST BROADWAY CITY OF MONTICELLO, MINNESOTA TO THE CITY OF MONTICELLO MONTICELLO, MINNESOTA: 1. The following proposal is made for building demolition and site preparation of the old Gille house and appurtenances. 2. The undersigned certifies that the project specifications have been carefully examined and that the work site has been personally inspected. The undersigned declares that the amount and nature of the work to he done is understood, and at no time will misunderstanding of the specifications be pleaded. On the basis of the specifications, the undersigned proposes to furnish all necessary apparatus and other means of construction and/or demolition to do all the work and furnish all the materials in the manner specified to finish the entire project within the time hereinafter specified, and to accept as full compensation therefor the sum stated below. 3. Base Proposal A. Demolish the old Gille house and appurtenances as specified, prepare the site as specified, and transport all debris to a state permitted demolition disposal site for a total lump sum of ($ 1. B. Excavate, stockpile, and cover as specified on site approximately 200 cu yds of petroleum contaminated soil at $ per cu yd X 200-$ C. Provide, place, and compact approximately 200 cu yds of clean fill material ut it unit cost of $ per cu yd X 200 = D. Total ofA+B+C=$ 4. The Owner reserves the right to award to the lowest responsible contractor as determined to be in the best interest of the City. 5. The undersigned further proposes to execute the contract agreement and to furnish satisfactory Iwnd within five (5) days after notice of the award of contract has been received. The undersigned further proposes to begin work DEMGILLE.SPE: 6/7/94 page 3 'Z as specified, to complete the work on or before date specified, and to maintain at all times a contract bond approved by the City in an amount equal to the total bid. 6. In submitting this proposal, it is understood that the right is reserved by the Owner to reject any or all proposals and to waive informalities. 7. This proposal may not be withdrawn after the opening of the proposals and shall he subject to acceptance by the Owner for a period of forty-five (45) calendar days from the opening thereof. 8. If a corporation, what is the state of incorporation: 9. If a partnership, state full names of all co-partners: OFFICIAL ADDRESS: FIRM NAME: By Title By Title Date DEMOILLE.SPE: 6/7/94 Page 4 0 SECTION I SPECIAL PROVISIONS INDEX 1.01 Descriptions 1.02 Designation of Parties 1.03 Insurance 1.04 Compliance with Laws, Building Codes, and Regulations 1.05 Bonds 1.06 Responsibility for Condition of Structure 1.07 Vacancies 1.08 Examination of Site 1.09 Completion --Liquidated Damages 1.10 Safety 1.11 Clean Up 1.12 Protection 1.13 Salvage of Materials 1.14 Evaluation of Bids 1.15 Approval and Final Acceptance 1.16 Method of Payment 1.17 Permits DEMCILLE.SPE: 617/94 page 5 O �Z SECTION I SPECIAL PROVISION 1.01 DESCRIPTIONS a) These specifications cover the demolition and site preparation of the old Gille house and appurtenances at 1324 West Broadway, Monticello, Minnesota, all as herein specified. 1.02 DESIGNATION OF PARTIES a) The word "Owner," "City," and/or "Architect," as used in these specifications refers to the City of Monticello, Minnesota. b) Where the term "Contractor" appears, it refers to the prime contractor having direct contact with the owner. c) The word "Subcontractor" refers to any individual, firm, or corporation who has, with the approval of the owner, contracted with the contractor to execute and perform in his stead all or any part of the contract of which these specifications are a part. 1.03 INSURANCE a) No contractor nor subcontractor shall commence work under this contract until he has obtained at his own cost and expense all insurance required by this article, such insurance to be approved by the owner and maintained by the contractor until final completion of the work. b) Workman'; Compensation Insurance - The contractor shall take out and maintain for the duration of this contract statutory workman's compensation insurance and employee's liability insurance as shall be required under the laws of the state of Minnesota. c) Public Liability Insurance - The contractor shall take out and maintain during the life of this contract such public liability and property damage insurance as shall protect him from nil claims for bodily injury, including accidental death, as well as from all claims for property damage arising from operations under this contract. The minimum limits which are required are: $500,000 for injuries including accidental death to any one person, and $1,000,000 for injuries including accidental death resulting from one accident; property damage in the amount of not less than $500,000 per accident and the same amount in the aggregate. DEMGILLE.SPE: 6!1/94 Page 6 0 Z d) Automobile insurance - The contractor shall carry automobile insurance on all automotive equipment owned, rented, or borrowed in the minimum amounts of $500,000 for injuries including accidental death to any one person and $1,000,000 for injuries including death resulting from any one accident. This policy must also provide $1,000,000 property damage coverage. e) Contractual Liabilitv Insurance - The contractor agrees to hold harmless and indemnify the owner, the engineer, and their agents from every claim, action, cause of action, liability, damage expense, or payment incurred by reasons of any bodily injury including death, or property damage resulting from the contractor's operations on this project. f) Owner's Protective Liabilitv and Prooertv Damage Insurance - The contractor shall provide owner's protective liability and property damage insurance in the name of the owner, insuring against bodily injury and property damage liability, in the limits set forth above for which they may become legally obligated to pay as damages sustained by any persons caused by accident and arising out of operations performed for the name insured by independent contractors and general supervision thereof. g) Insurance certificates evidencing that all the above information is in force with companies acceptable to the owner and in the amounts required shall be submitted to the owner for examination and approved concurrently with the execution of the contract. In addition to the normal information provided on the insurance certificates, they shall specifically provide that: A certificate will not be modified except upon ten days' prior written notice W the owner. Coverage is included for blasting, collapse, and underground hazards. 1.04 COMPLIANCE. WITH T -AWS, BUILDING CODES, AND REGULATIONS a) The bidder is assumed to have made himself familiar with all codes, state laws, ordinances, and regulations which in any manner affect those engaged or employed in the work , or the materials or equipment used in or upon the improvement, or in any way affect the conduct of the work, and no plea of misunderstanding will be considered on account of the ignorance thereof. The provisions of such codes, laws, or ordinances are deemed to be a part of these specifications, and the contractor will he bound by the provisions thereof. b) The contractor shall and also by a surety agree to indemnify and save harmless the owner and all of its officers, agents, and servants against any claims or liability arising from or based on the violation of any such law, ordinance, regulation, or decrees, whether by himself or his employees. DEMGILLE.SPE: 6/7/94 Page 7 0 c) If the contractor shall discover any provisions in the contract, specifications, or any direction of the City or inspector which is contrary to or inconsistent with any such law, ordinance, regulation, or decree, he shall forthwith report its inconsistence to the City in writing. 1.05 GUARANTEE BONDS a) Before entering into contract, successful bidders must furnish surety company bond or satisfactory letter of credit in full amount of contract with suitable penalties provided therein guaranteeing faithful performance of contract and payment of all obligations arising thereunder in accordance with terms thereof. Form of bond and surety thereon subject to approval of owner and shall cover work done under contract for period of twelve (121 months beyond date set shown in original contract for completion of same. The bond shall be maintained in force for twelve months after completion of the work and acceptance by the City. This contractor shall pay premium for bond. 1.06 RESPONSIBILITY FOR CONDITION OF STRUCTURE a) Prospective contractors are hereby advised, notified, and warned that the City of Monticello and its agents, employees, and servants make no representations as to the conditions of the structures for which bids are invited, nor any part or portion thereof, nor any installation therein of any nature whatsoever; and furthermore, the City takes no responsibility for any change in such structure, portion thereof, nor any installation of any type whatsoever therein contained between the time of initial viewing by the prospective contractor and the entry into a contract between the successful contractor and the City of Monticello. 1.07 VACANCIES a) The premises will he vacated at the time of notice to proceed. 1.08 EXAMINATION OF SITE OF WORK a) It will be required and expected that each contractor, before submitting a proposal for work required under these specifications, will visit the site, make a thorough examination of conditions, take all necessary measurements, and thoroughly familiarize himself with all existing conditions and all of the limitations pertaining to the work herein contemplated. h) The submission of a proposal shall be considered assurance that the contractor has visited the site and made thorough examination of the conditions and limitations. DEMGILLE.SPE: 8/7194 Page 8 9 1.09 COMPLETION . LIQUIDATED DAMAGES a) The contractor shall commence work within five (5) calendar days after notification to proceed, and he shall complete the work within fourteen (14) calendar days of such notification. b) From the compensation otherwise to be paid the contractor, the City may retain a sum of Fifty Dollars ($50.00) for each calendar day that the work remains incomplete after the completion date, which sum is agreed upon as a proper measure of liquidated damages which the City wiii sustain per diem by failure of the contractor to complete the work at the stipulated time, and this sum is not to be construed in any sense as a penalty. c) No extension of tune will be given for the completion of the work except for delays authorized by the City. Extension of time will only be granted upon a written request from the contractor to the City. 1.10 SAFETY a) Each contractor shall take all necessary precautions to protect life, limb, and property during the progress of the work and shall comply with all new and existing safety and health standards and laws. b) The contractor shall use every precaution to protect the public from personal harm. The contractor shall erect suitable barriers to prevent people from falling into holes or being struck by falling debris. 1.11 CLEAN UP a) Upon completion of the work listed herein, the contractor shall remove all tools, equipment, scaffolding, debris, and unused materials from the site and the entire premises shall be left in a clean and workmanlike manner to the satisfaction of the City of Monticello. 1.12 PROTECTION al This contractor shall send proper notices, make all necessary arrangements, and perform all other services required for the care, protection, and maintenance of all public utilities, including mail boxes, fire plugs, telephone and telegraph poles and wires, and all other items of this character mi and around the building site assuming all responsibility and paying all costs for any damages caused by the demolition. b) The contractor shall provide and maintain guard lights at all barricades, railings, and obstructions in the streets, roads, or sidewalks, and at all trenches or pits adjacent to the public walks or roads. DEMGILLE.SPE: 6/7/94 page 9 (Zi 1.13 SALVAGE OF MATERIALS a) All salvageable materials within the building (except where specifically noted) at the time of notice to proceed shall become the property of the contractor. The contractor shall secure the building from entry beginning with the notice to proceed. 1.14 EVALUATION OF PROPOSALS a) In evaluating the best proposal for the City, the following items will be considered: Price quoted in the proposal. Qualifications of the contractor. Evidence shall be furnished to the City that the contractor has the necessary facilities, ability, and financial resources to perform the work in accordance with the specifications. 1.18 APPROVAL AND FINAL ACCEPTANCE a) Upon the completion of the work herein specified, the contractor shall notify the City in writing that the work is ready for final inspection. After final inspection, the contractor will be notified of final acceptance or of additional or corrective work required for final acceptance. b) Before final payment is made for the work on this project, the contractor must make a satisfactory showing that he has complied with the provisions of Minnesota Statutes Annotated 290.92 requiring the withholding of state income tax for wages paid employees on this project. Receipt by the clerk of the owner of a Certificate of Compliance from the Commissioner of Taxation will satisfy this requirement. 1.16 METHOD OF PAYMENT a) Full payment will he made within 30 days upon completion and acceptance of work. 1.17 PERMITS a) The contractor shall obtain a City demolition permit for the demolition of the building. The cost of this permit will be waived. All other permits regarding transportation or disposal shall be the contractor's responsibility, including cost of said permits. DEMCILLE.SPE: 6/7/94 Page 10 0 SECTION H DEMOLITION OR REMOVAL 2.01 General 2.02 Scope 2.03 Utilities 2.04 Protection 2.05 Site Preparation and Compacted Backfill 2.06 Clean Up 2.07 Disposal Site 2.08 House Moving Requirements 2.09 Area Map 2.10 Site Map DEMGILLE.SPE: 617/94 Page 11 (0 SECTION U DEMOLITION 2.01 GENERAL. a) Buildine Descriution: General Architecture: One-story wood frame, rear walkout single family residence with a basement and attached garage and shed. Some outside slabs, fueling islands, and small block triangular building also exist. Size: See plan sheet. 2.02 SCOPE a) Work includes the demolition or removal of the existing buildings (including triangular building) as shown on the site plan. This includes all walls, posts, support columns, and floor slabs (including those outside) along with pump islands and piping. The resulting excavations shall be leveled and compacted with suitable existing site granular material. Any additional granular material needed will be furnished to the contractor at no cost. The existing fuel tanks are not to be removed with this project but are to be protected if they are still existing at the time of notice to proceed for this project. b) All debris, including rubbish, furnaces, appliances, pumps, brick, concrete, plaster, wood, wire, glass, steel, pipe, block foundations, miscellaneous household waste, and other like materials shall be removed from the site and properly disposed of. c) All concrete slabs, curbs, platforms, walks, and drives "Within the urouerty" shall be removed. d) The structure is not expected to contain asbestos material. If any suspected asbestos materials are found during demolition, they are to be reported to the Owner for special handling by Owner. 2.0.9 UTILITIES a 1 The two existing wells will be sealed by separate contract prior to the start of this demolition project. b 1 The sewer is expected to be a septic tank and drain field or seepage pit. The demolition contractor shall follow the house sewer and remove and dispose of all sewer pipe, septic tanks, drain fields, or seepage pits, including rock. The resulting excavation shall he filled with compacted DEMGILLE.SPE: 6/7/94 page 12 0 clean granular fill from the site or material will be provided at no cost to the contractor. The septic tank shall be pumped by the demolition contractor and disposed of as per state statutes at no additional cost c) Electric service to the house will be disconnected and gas service will be disconnected by the City prior to demolition. d) If any additional existing residential wells are found, contractor will notify the City, and the City shall have the well capped or sealed under a separate contract. e) During septic tank or drain field or seepage pit removal, the contractor may discover soils contaminated with petroleum products. The contractor shall provide a unit cost for excavating these materials as directed by the Owner, stockpiling the material on site, and covering with 6 -mil black nylon reinforced poly plastic tarps. The contractor shall also provide a price for clean granular fill material placed with normal compaction. fl The four existing fuel tanks are to remain. This contractor shall remove the pump islands, triangular building, and piping. Pipes shall be cut off with a rolling pipe cutter and the ends filled with foam within 10-15 It of the tanks. The tanks must be protected from damage. 2.04 PROTECTION a) Care shall be taken to control dust by watering, if necessary, and fire by arranging for fire control and extinguishers; and to keep passersby from entering the site, a temporary fence shall encompass the demolition area once demolition begins if the site is left unattended before the demolition is complete. b) Fire Protection 1. A 1 1/2" hose line shall be connected to the hydrant nearest the demolition area (near the old Baptist church) at all times during demolition. The hose can be used for dust or fire control or to add water to achieve optimum moisture for soil compaction. Water used for these purposes will be provided at no cost. 2. The fire department shall be notified immediately if a fire is discovered. 3. No material, obstruction, or debris shall be placed or allowed to accumulate within fifteen ( 15) feet of any fire hydrant. All fire hydrants shall be accessible at all times. 4. Whenever a cutting torch or other equipment which might cause a fire is being used, the contractor shall keep fire extinguishers nearby and ready for instant use. DENIGILLE.SPE: 6/7/94 page 13 �Zi c) The contractor shall remove all debris from the property over City-appruved haul routes: CSAR 75. 2.05 SITE PREPARATION a) The site shall be leveled or sloped and compacted so as not to be a hazard to the general public at the completion of the demolition. Existing site materials shall be used at no extra compensation. Any additional clean granular fill needed will be provided by the City and placed and compacted by the contractor at no additional cost 2.06 CLEAN UP a) The site will be left in a clean condition satisfactory to the City. 2.07 DISPOSAL SITE a) The contractor shall properly dispose of all materials in a state -permitted demolition site or sanitary landfill as required by MPCA regulations. DEMGILLE.SPE: 6/7/94 Page 14 CIL HUBERT H. HUMPHREY 111 AT7m1 vGLVF . Gary Anderson City of Monticello City Hall P.O. Box 1147 Monticello, MN 55362 STATE OF MINNESOTA OFFICE OF THE ATTORNEY GENERAL Re: Former Gille's Auto Site ID#: 'LEAK00006549 Dear Mr. Anderson: June 1, 1994 wlrt vu •b L.Al A1L :'AOnD ST PAIL. \Ih ••1!1�Iw n:LLPI—V: Inl:l ."It 10'5 As we discussed, the MPCA has issued an Order to responsible persons identified for the site referenced above. To date, neither party has assumed responsibility. Under Minn. Stat. S 115C.021 and Minn. Stat. S 115C.09, subd. 3d (1992), the City may take corrective action a nd apply for reimbursement if no responsible person has responded to the Commissioner's Order. No further MPCA authorization is needed, although if the City does decide to proceed with corrective action the City should contact the MPCA project manager to ensure that the corrective action meets MPCA requirements. Questions regarding costs eligible for reimbursement should he directed to the staff of the Petrofund. 1 have suggested that the City ascertain whether Kunz Oil intends to take action (or possibly to assist the City with funding) before proceeding with corrective action using City funds. Although Kunz failed to respond to initial communications, it has now indicated that it is checking its files to ascertain if it has a connection to the site. Please let me know if I can be of any further assistance. dVery truly yo N4EN E. COHE Assistant Attorney General (612) 296.7346 cc: Jessica Ebertz AwlcPa Feemnlle: 16121 79741 39 r TDD: 16121 2%.7000 • Tull Free Line: 11on7 07d787 ITDD w vowel An 84wl Oppunumlr Employer Who Vdun Diversll7 Prmmd on Srlq rayeted paper 1171 po>t conwmn cog^� �GASSIZ a system MOM 11 MzM A r9wM • 1 dpp.W.Mo1 ihme 6, 19% Chy of Mott kwo F.O. Box 1147 Mondce9o, MN 53362-9243 AWN: Gary Amlars.n RE. Gawies Dear Mr. Anderson. As per our phaa. cottvaNAM I am Ml&g you this ptopoad on the GMrA the in bioadab. l lm proposst inchrdea aowptaohtaMnikununmwbbvvdwveYW&Mution ads complete Remedial invea0paw Report. Sp.d6crma wfit q for the tac=k romorvd nerd Boll n bidding protest ad aealing of 2-25 mookoriq welt. COPY On situ time &r peraanod doing do vgrru terxmg wM beat $40.00 par hasa pion 590.00 per dry for the PN meta. Mileage wtli be bond than Cbiargo Labs and wf0 bo at 323.00 per baa phu 5.33 per ttdic 1 bave exiosed a scope of zwA m fbr ascavaticat and do a liar of the -.porta regWM by do Ifyou have any qucttiow or XI can be of f4ttba assistance puw camera tae at my ofSce. Revec d*1 Agents Batvfrarmrrlad SlrbM llra Dhroaa of Matbeting li❑ AGASSIZ ENVIRONMENTAL SYSTEMS, INC. a Y Environntemal Contracting and Consulting Services C a/ PROPOSAL Proposal offered to. Company: City of Mootieeib 'Chem. Address: 250 East Broadway CitylSL/Zip: Monticd4o, MN 55362-4245 Contact: Gary Anderson Site: caley's Agasdz Environmental Systems and the Client hereby agree as follows: I See attachment A (Scope of Services) I See attachment B (Petrofiutd Proposal for Consultant Selection) I See attachment C (Petrofund Proposal for Contractors Selection) I Sm anacbmem D. (Other): Report Requirements from MPCA We hereby propose to furnish all labor and materials in accordance with the above spe ns, for the sum of. 52,400.00 for the Risk Asseamtat, RI report 2nd Spedqmtlen for bMs S 432.00 for the Well seating All other services will be on a time and material buii ateatrdtng to the Pesrrofand proposals with the exception of on site vapor testing which will be at $40.00 per hoar. Payments are to be made as follows: NET 30 DAYS Al i material is guaranteed to be as specified. All work to be completed in a workman Wee tanner according to standard practices, Any alteration or deviation from above sped6catiostt involving extra costa, will be executed only upon written orders, and will become an extra ebarge over and above the estimate. Authorized Signature: Terms of agraemem: 1. Cno wO llldrm m p.saq bwe and b, .May .1 a W- 1. C71m win pwwd. i, Pawad add agdpaaa mal t. abed. U. -L ). AgOd .la b1-9—*h0-0--0 pmo.Aitr =--A" 1fft=paaWibt,iP110ia Apob a'm a mP web mtmd a W MWa w.b m. CUM Apr" ba iba ca=mmWheiA Aa? G=W m vud b7 Apw.0.Kaawa waw t. bftd s cep cis t. Cam wap to nnWaaebli Id k%WmW aOa� dams... a 0llaia=b*5 ww. duce, as 4rA$w WIdW wan ba Ww" pled• am cma abwAn app.lmaaaa 10 Wa a.m m. Clam bel. a Pawl• a. e06mdia0a6 lel sb o 1ftWL lana pea Me 4tp0tmmna d. CUM VW miwp andtrtid Apload.�nam••7 am dl dace»aasae•s dlCf1.eidb n17 ddld paaY wiltsaldorspywarmaoadwW Glbnd. n pam0 dei+ i3annw s. Ary,oiepund daaurm orw.aa.d w.a a aspd a as aw...d Icaod m.aaddaaariY ha. o IO aC4Ltm pltP i. Aawe ..e aaapt m.P.Pa b Gia co7mlr. ei.9,u1 a.a.r upas aaapwke daw.as laws Awa above alrp bawd m AplOa1 paaaa0 rr aa4daY a .ear alae cepa kIu► A---- d dapo and b.Gap dice wlt a,..aces d. Casa r."K 7. The dka OW pry dr Wel dad mW anticlmbew dor diel Iwl5a.Attuawm"web4(1J1d%ft data am br.mda dna P.O.Aw Bea d0. .lkyd r b. nmisi. a Udo cmpapappm.tv.towad.w*hk%aimP.wao1.dw WOaaapde+aO aCa ilea ds(3a)aerydo7. ianwtia dela mP-&. .,mea., dr Ctb ora pq . b—dm(..i 11%w mok a ds asm7a.i5pwi bw W, drib... i- 9. P. "41.11.0 ape dA.0 -VOU cid sew nsa b.sdwd a dor Cam o Ib UXU .bel n b land aa, wm b. nalr4 ma dons .d win r b. wad by Ib. CUM d P•Pda 10.TA.cu.0 will PY all Ra.t"adlPdla•stdmnaum upawa w.soq 00.n cep des APOW-0a UKft Ori daaaa cid 04r Das Data lbkm®.d tdddaaa"alta dud pay Iawawddwa.dl.3%pw m@dsawpOaadwbwl It Yd.CUM baabla. as aapaa Mead wtam. dOaOda P. w%* iadpws.nl 1 ar Ap.M dr CUM .M t Alps a. 00 wow.rd-GP ebdksama aft cmwi.@s ft. -d tail ao b.dladw.,d. Cas dW MY %=.a U. fft d laK Pa. maa m Or Pd da badaaa li Tia Cana mY t a m bd ab bH a Waldo mmoft aapo q bo des CLmo. .d Ap II AU.04.ora t plPAdd a p o radvLL Sada aced caul u.. aaa ad IPJK a .a" ■ P. .0m, teal. la Npp Mis .I.-Apw.MaY..M.aaiiel Win dsP-wxy daw.— cid Pd res/ Oi aipaOpY ACCEPTANCE OF PROPOSAL The above prior, speciRcetion3 and conditions ar hereby aoceptod. You aro enhorized to do the work as spaificd. Payment will be mak a outlined about. Date: Signature: �� 1 COPY SCOPE OF SERVICES Site: GiBey's Ap= Enviromnerttai Systems is to provide the following services for the site located in M-ticetlo. The purpose of these activities is to provide cnduuonatentai services during it tank nn oval. The fbilowung m vices ate to be provided by Agerasia Eavcoaatmtal: Provide a site Health and Safety Plan -Screw Soils for the presence of Petroleum Hydrocarbons -Obtain and strbmi2 Laboratory samples -Provide a tank o=va ion report Methodologies: Soil will be collected in accordance with MPCA ihu sheet Ml G (Soil sad Ground Water Andyaes at Perrolwm Release Sitter) and Fart Sheat f113 (Excavation ofPetroieum Contaminated Sohl). The sail will be screened for the presence of organic vapors using a photoionisation detector (PID) equipped with a 10.2 electron volt (eV) lamp and calibrated to read in parts per mffwn (ppm) vohmoe/volumt as be==. The PLD readings reprstetu a qualtative indicator of conumWiation by compounds which aro icn i by the 10.2 tV energy source. The soil — were sc meed for volatile organic compounds (VOCs) in accotdan ce with the MPCA doatment `lar Headspace Analytical Saaaag Procedurta• -Sod samples collected for laboratory anelysis will be packed in duo laboratory supplied 2 ounce glass jars equipped with trylon septum Appy 25 grams of soil wi11 be placed in each jar. The samples will be kept in a cooler an site and during transit to the laboratory. Samples m4med for diad range organics (DRO) will be preserved in the laboratory. Proper sample chain of custody will be ntaita fined. •All data will be complied and written into a tank ekcavatba report, The beCA mqw a that you compia[e and nrbmit a Peuvla m Teak Rdeaae Report (VM) if you an the respousba ply (RP) iu the mbm &am a petroleum rmdoWcuod slanI s teak (UST). The PTR Is amWly conte of aervetd doatmwmti tbo oft Vw& Aaers detamiaa which of tho reports are included is the PTR. The poaft eeports bxk de: o Zzm Wm Jtvp= Iftbtae baa baso no dies o(groundwater of sufm water and the c- I P asa asp be dkmed up by c=vafmg the cootuvimed moll dds report is submitted ahmq, no fat m tapotts ane usually required. Ev avetion tepas whiff iodic = that a RI is nmcmwy wdt not be reviewed by the MPCA=0 the RI bas bate cmqktW m If Pxttha Wywdpd= is needed this report is submitted w doaraemt en RI ttpdvitk& ahew that the objectives of the brvestotion have beep ma, ad give , � , ibr coaemtin sWom dist ahold be taim to dem up ad and/or powdwatar cammo>tm-fi—, if aeccuary. The acavation report is m attachment to tiro RI report. o C2mm6&AdWLDMWLRcp= If the Smelt t soil or gtotmdwpter catamwAgn tbu trust be curreaad a CAD strouid be m6u ted whb the Ri report. o PCOMNOM lPaddidn-1 mmmimaimp, demo or trz>dng is weeded Saar the RI at eaocavedm is m s acted, pmi*& pnMIF rosa reports wm be COPY FETROFUND BID FORM FOR CONTRACTORS SERVICES COWREHENSIVE CORRECTIVE ACTION oft estimated costs gift 1. Drilling services: -sod borings Sift fee to IV 110.00 Stfoot dwad" 11.00 stockpile of contaminated caings 75.00 -sod ww a".-- thru, soa oulf Sift 1.50 tblu sowpucadwater kwfiwe vft 4.00 -wen ifwalintion Vu fee to IV 120.00 $/foot ftnaftr 12.00 6* Protective post wAocking cap 115.00 Send pdd*poudng S/fout 6.00 -well abandonment monitor well 8.00 pmftcdw post 40.00 Bectonite 8.00 caum 8.00 -drilling obstructions: Ow $/ft 5.00 wow. Steech 35.00 mcktodw obsbuctiow V=w 115.00 stand by time VhOUr 15.00 2. Wage: travel cost drfl dg Shaile, 0.75 travel cost support vecbde $/Mae 0.35 trawl cost personnel Sft 25.00 3. Personnel: advai�rativc Sft 25.00 wMervisaq w SOM SEE PAGE 6 FOR PLFMOFTJND NOTICES ELI COPY estimated tow 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 400.00 0.00 0.00 32.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Fcam B Page (D COPY Pen tral Propose tar Comum Selecum CwnerslapplicoM must oMM two proposils whic3 MaWa tttem t0 campers the cams phases. PHASE 1 CONTAMMTEDSotL MXCAVATtoN Protywwna! SOrvieaa a. C00nllnallon with CUM Coraraamr d MPGA 2. Hee" & Sataty Pian Oevelopmem 3. Supervts m Maasgemerri) 4. Sample Coileetbn & ReW Scmenbq (SoiQ 5. Semple Collection S Role Ser -wing (growovew 8. Flela Map Development 7. Soil Treatmem CoorEteatioh (permM 9M) 8. SCAP Preparation 0. Tank Clasrus Report 10. Other (sperlty) EBT.UMM UNIT COSTS EST.TOTAL 50.00 50.00 50.00 50.00 40.00 41!.00 50.00 50.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 E I- D(agnosile EwAlurtcnt HNU War 00.00 0.00 2. Fl*W SuppOw 15.00 0.00 1. Travel: Mileage 0.35 0.00 Time 25.00 0.00 4. Per Diem 75.00 0.00 S. Dow (Specify) Suit Total: 0.00 PKAee 0 RFJ 9MAL WVUTIQATION ProMtalon.i Savtcn 1. workplan Preparzim 10 50.00 500AU 2. Hearth 6 Safely Pier Moff4wkMu woo O.Ot 3. CoorvirtOOott wMh CafibUclar (pemtOs) 50.00 0.01 4. Data Codocilm: Soli ftin0 Amervtoilyson unvw oawton $0.00 0.01 I" wdwb g was irk Moeform 50.00 0.0 Groundw slay same oWeadca 40.00 0.0 WOO Cavo5l MW4 40.w 04 Repot wIMWAnayzA 30 50.00 1500.0 MaCpim 50.00 0.0 Field T 40.00 OA Form A Pop COPY PatrofluW Pmposel Por Camuftmt SelactIm Sub Taft 0.00 Parm A Papa 3 EST.Um m UNIT COSTS EST.TOTAL S. Risk Ansyas Vapor Ask aS9a w mm 2 50.00 1 OD.00 Receptor Ask assessment 2 50.00 100.00 Groundwater receptor wtvey 2 50.00 100.00 Hyde Mkmy tlteracterka0on wxwmet 2 50.00 100.00 exports" 1. DWanosOc ERWpn"m HNU Mister 80.00 0.00 2. Field Suppies 13.00 0.00 3. Travel et ftge 0.35 0.00 Time 25.00 0AM 4. Per Otern M00 0.00 S. Olher(3pecity) Salim 1&00 0.00 Survey sa.00 0.00 Subliraflon Etiulpmard 55.00 0.00 Sub Tald 2.400.00 CC11IV8 CORRECTIVE ACTION PLAN Professional Servkx$ 1. Coordbt80on wtth COent. Contrector 8 K93CA 50.00 0.00 2. Recovery Wag IMU4011mU0e3ipn 50.00 0.00 3. Recov¢ay Wog Irtacbctwn Supavhlon 50.00 0.00 4. A411MCr P Tet 30.00 0.00 S. AgW1m Ta$UM AnWysb 50.00 0.00 S. Sod Vats 1nua0attat Supervision 50.00 0.00 7. Sob Vard Pbel To% 50.00 0.00 S. 800 Vere Pitot Tact ArAWb 50.00 0.00 0. SkneAls"W Safah To" 50.00 0.00 W. Permolm OMMS, Atr. act) 50.00 0.00 11. Dma ReductionlEvaWBIlon 50.00 O.W 12. MPCA TateOmMorertm Sam 0.00 13. CCAP Praparallm 50.00 0.00 14. OUtet (Spec") Report Sw-wy 50.00 0.00 EaPrer> w I. DWprrastlo EgWprnGM HkU Muer KOO 0.00 2 Fido Suppites 1S.O0 0.00 3. Travel Mtaapa 0.35 0.00 Time 2LW 0.00 4. Per Ohm 75.00 0.00 5. OOter (SPDOUV) Sub Taft 0.00 Parm A Papa 3 GILLE AUTO PROPERTY CHARGES Mowing $1,851.16 Environmental Cleanup $6,851.80 Braun I nlertee Engineering Fees $660.00 Cleanup charges (Ruff Auto) $1,500.00 Misc. penalty & interest & sales tax $726.10 TOTAL $11,589.06 0 �j. \ C7U4 , t %oLa.-k %()V J O )4�ko #6 G 11\irs A,�-a �,s►ay.d ` Q f3roo, AW ay )�,A 1,' 30 SO. LAS (612) 9-2175 .0, 13OX 349VELANO ST, MIDWEST _NALYTl[Bl_1SllSERVICES METRO (612) 444.9270 CAMBRIDGE, MN 55008 FAX (612) 689.3660 MINNESOTA CERTIFIED LABORATORY NUMBER 027059.156 C _4 July 13, 1993 John Landwehr Agassia Environmental Systems, Int. at. 1 Box 119 Hancock, NN 56244 Project Name: Gilley's Project Number: 3045 Chain of Custody: 8787 Date Sampled: 06-28-93 Date Received: 06-28-93 Date Analyzed: See below Matrix: 8011 Sample identification: Lab 1D: 93-04247 TH-6 1-4 ft . 93-04248 TS -6 2-4 ft. 93-04249 TB -7 1-4 ft. 93-04250 TB -5 8-10 ft. 93-04251 TB -9 8-10 ft. 93-04252 TB -7 8-10 ft, Samples were analyzed according to utbods ORO, DRO and 455-D. Samples were analyzed for the metals by atomic absorption spectrophotometry. The results are reported an the following page. Since Iy, Ohl Lon Jones Senior Chhoosiaatt Srian Anderson Lead forganic Chemist 1�4/� Chad Nolznagol Chemist 0 'DWEST ANALYTICAL SERVICES Page 2 COC 8781 Date Analysed: 07-08-93 Paraaeter: Total Percent Hydrocarbons Noiature ae ORO DRO ninaaaaaa�avai6�aaa6aLinaOi'yviai��f veva"�Qaafafaa6C�vaava.-v aa6�'liiv��-.fIIaa Units (aghg) (mg/kg) M Method Detection 5.0 10.0 Licit 8aaole Nn ber 93-04247 17.0 1530 10.7 TB -5 2-4 ft. 93-04248 10.4 24.1 14.1 TR -8 2-4 ft. 93-04249 BQL BQL 13.0 TB -7 2-4 ft. 93-04250 BQL BQL 3.9 TB -5 8-10 ft. 93-04251 BQL BQL 5.6 TB -5 8-10 ft. 93-04252 BQL BQL 5.7 TB -7 8-10 ft. BQL i Below Quantifiable Level 0 11DWE8TANALYTICAL SERVICE9 .'-..Memo 93-04281 83-04282 Page 3 TB -6 TB -6 TB -7 COC 6787 8-10 ft. 8-10 ft. 8-10 ft. Lab ID: 93-04247 93-04248 93-04249 Date 07-08-93 TB -6 TB -6 T9-7 Analyzed 07-12-93 2-4 ft. 2-4 ft. 2-4 ft. 0.611 Arsenic (mg/kg) e.39 8.71 10.4 07-08-93 Barium (mg/kg) 188 116 108 07-12-93 Cadmium (se/kg) 0.226 1.61 0.186 07-06-93 Chromium (mg/kg) 6.86 13.7 6.20 07-09-93 silver (mg/kg) (0.09 0.08 <0.09 07-02-93 Mercury (mg/kg) (0.04 (0.04 <0.04 06-30-93 selenium (mg/kg) (0.466 (0.404 <0.426 07-12-93 Lead (mg/kg) 6.63 264 4.63 07-07-93 Lab ID: 93-04260 93-04281 83-04282 Date TB -6 TB -6 TB -7 Analyzed 8-10 ft. 8-10 ft. 8-10 ft. Arsenic (mg/kg) 3.06 3.70 2.64 07-08-93 Barium (mg/kg) 18.9 11.0 18.3 07-12-93 Cadmium (mg/kg) 0.072 0.094 0.611 07-06-93 Chromium (mg/kg) 8.01 4.30 4.97 07-00-93 Silver (mg/kg) (0.06 (0.08 (0.07 07-02-93 Mercury (mg/kg) (0.02 (0.02 (0.01 06-30-93 Selenium (mg/kg) (0.317 (0.398 (0.372 07-12-93 Lead (mg/kg) 6.43 1.96 1.74 07-07-93 NOTE: Samples will be retained 30 days from the date of report. Samples will be returned if requested within that time. �Z -41DWEST ANALYTICAL SERVICES Page 4 COC 6787 Date Analysed: 07-08-93 (s6/t6) (e8/k8) (mg/kg) (aK/►i) LAB ID: DETECTION 93-04247 93-04248 93-04249 LIMITS TB -5 TB -6 T134 2-4 ft. 2-4 ft. 2-4 ft. --------------------------------------------------------------------------- Dichlorodifluorosethane 0.100 BQL BQL BQL Chloromethane 0.050 BQL BQL BQL Vinyl chloride 0.050 BQL BOL BQL Brosomethane 0.050 BQL BQL BQL Chloraethanc 0.050 BQL BQL BQL Dichlorofluoronethane 0.100 BQL BQL BQL Trichlorofluoromethane 0.060 BQL BQL BQL Ethyl ether 0.060 BQL BQL BQL Acetone 0.350 BQL BQL BQL 1,1-Dichloroethene 0.050 BQL BQL BQL Methylene chloride 0.050 BQL BQL BQL Allyl chloride 0.070 BQL BQL BQL Trichlorotrifluoromethane 0.070 BQL BQL BQL Methyl tort -butyl ether 0.050 BQL BQL BQL trans-1,2-Dichloroethene 0.050 BQL BQL BQL 1,1-Dlohloroethane 0.060 BQL BQL SQL Methyl ethyl ketone 0.350 BQL BQL BQL cis-1,2-Dichloroethene 0.050 BQL BQL BQL Brosochlorosethane 0.050 BQL BQL BQL Chloroform 0.050 BQL BQL BQL 2,2-Dichloropropane 0.050 BQL BOL BQL Tetrehydrofuran 0.300 BQL BQL BQL 1,2-Dichloroethane 0.050 BQL BQL BQL 1,1,1 -Trichloroethane 0.050 BQL BQL DQL 1,1-Dichloropropene 0.050 BQL BQL BQL Carbon tetrachloride 0.050 BQL BQL BOL Benzene 0.050 BQL 0.06 BQL Dibromomethane 0.050 BQL BQL ML 1,2-Dichloropropane 0.050 BQL ML SQL Trichloroethene 0.050 SQL BQL DOL Bromodlchloromethane 0.050 BQL BQL BQL cis-1,3-Dichloropropene 0.050 BQL BQL BQL Methyl lsobutyl ketone 0.090 BQL BQL BQL trona-1,3-Dichloropropens 0.050 BQL BQL BQL BQL - Below Quantifiable Level 0 1IDWEST ANALYTICAL SERVICES Page 5 COC 6787 Date Analysed: 07-08-93 ("/kg) (mg/kg) (at/kg) (ag/ti) LAB ID: DBTXCTION 93-04247 93-04248 93-04249 UNITS TB -5 TS -0 TB -7 2-4 ft. 2-4 ft. 2-4 ft. --------------------------------------------------------------------------- 1,1,2-Trichloroethane 0.050 BQL BQL BOL Toluene 0.050 BQL BQL BQL 1,3-Dichloropropane 0.050 BQL BQL BQL Dibrosochloroeethaee 0.050 BQL BQL BQL 1,2-Dibrosoothane 0.050 BQL BQL BQL Tetrachloroethene 0.050 BQL BQL BQL 1.1.1,2-Tetracbloroethane 0.060 BQL BQL BQL Chlorobensens 0.050 BQL BQL BQL Ethylbenzene 0.050 BQL ML BQL a- and p -Xylene 0.070 BQL BQL BQL Bromofora 0.060 BQL BQL BQL Styrene 0.100 BQL BQL BQL 0 -Xylene 0.070 BQL BQL 8QL 1.1.2.2 -Tetrachloroethane 0.050 BQL BQL BQL 1,2,3-Trichloropropane 0.050 BQL BQL BQL lsopropyl bensene 0.050 BOL BQL BQL Broeoban:ane 0.060 BQL BQL BQL n -Propyl benzene 0.050 BQL BQL BQL 2-Chlorotoluene 0.050 BQL BOL BQL 4-Chlorotoluene 0.050 BQL BQL BQL 1.3,6-Triaethylbeasene 0.060 BQL BQL BQL test -Butyl benzene 0.050 BQL BQL 8QL 1,2,4-Triaethylbansene 0.050 BQL BQL BQL sec -Butyl bensene 0.050 BQL BQL BQL 1,3-Dichlorobeasene 0.050 BQL BQL BQL 1.4-Dicblorobenaane 0.060 BQL BQL BQL p-leopropyl toluene 0.050 8QL BQL BQL 1.2-Dichlorobensene 0.050 BQL BQL BQL n -Butyl bensene 0.060 BQL BQL BQL 1,2-Dibroao-3-chloropropane 0.100 BQL BQL BQL 1,2,4-Trichlorobenzene 0.050 BQL BQL 9QL Naphthalene 0.160 0.248 8QL 841, Nexachlorobutadieee 0.050 BQL BQL BQL 1,2.3-Trichlarobessenz 0.100 BQL BOL BQL �L BQL a Below Quantifiable Level IIDWEST ANALYTICAL SERVICES Page 6 COC 8787 Date Analyzed: 07-08-93 (mg/kg) (mg/kg) (mg/k8) (m$/k8) LAB ID: DETECTION 93-04250 93-04251 93-04252 LIMITS TB -5 TE -8 TB -7 8-10 ft. 8-10 ft. 9-10 ft. ----------- -------------------------------------------------------------- Dichlorodifluoromsthane 0.100 BQL BOL BOL Chloromethane 0.050 BQL BOL BOL Vinyl chloride 0.060 BQL BOL BQL Bromomethane 0.050 BOL SQL BOL Chloroethane 0.050 BQL BOL BQL Dichlorofluoronthane 0.100 BOL BOL DQL Trichlorofluoromethane 0.060 BQL BQL BQL Ethyl ether 0.050 BQL BQL BQL Acetone 0.350 BQL BQL BQL l,l-Dichloroethene 0.060 BQL SQL BOL Methylene chloride 0.050 8QL BQL BQL Allyl chloride 0.070 BQL BQL BQL Trichlorotrifluoromsthane 0.070 BQL BQL BQL Methyl tort -butyl ether 0.050 8QL SQL BQL trans-1,2-Dichloroethene 0.050 BQL BQL BQL 1,1-Dichloroethane 0.050 BQL BQL BQL Methyl ethyl ketone 0.360 BQL BQL DQL ale-1,2-Diehlorosthene 0.050 BQL 9QL BQL Bromochloromethane 0.050 BQL BQL 9QL Chloroform 0.050 BQL BOL BQL 2,2-Dichloropropane 0.050 DQL BQL BQL Tetrahydrofuran 0.300 BQL BQL BQL 1,2-Dlchloroethans 0.050 DQL BQL BQL 1,1,1 -Trichloroethane 0.050 BQL BQL BQL 1.1-Dichloropropene 0.050 BOL BQL BQL Carbon tetrachloride 0.050 DQL SQL BQL Benzene 0.050 BQL BQL BQL Dibromosethans 0.050 BQL RQL BQL 1,2-Dlchloropropans 0.050 BQL BQL BQL Trichloroethens 0.050 9QL BQL BQL Bromodichlerosethane 0.050 BQL BQL YQL cis-1,3-Dichloropropeno 0.050 8QL OQL 8QL Methyl isobutyl ketone 0.090 BQL 9QL BQL trana-1.3-Dlchloropropens 0.050 BQL 9QL BQL DOL a Below Quantifiable Level MIDWEST ANALYTICAL SERVICES Page 7 COC 878.7 Date Analysed: 07-08-83 (sE/kg) (mg/kg) (eg/kE) (mg/k8) LAD TD: DBTECTION 93-04250 93-04251 93-04252 LIMITS TB -6 TB -6 TD -7 8-10 ft. B-10 ft. 8-10 ft. ------------------------------------------------------------------------- 1,1,2-Trichloroethane 0.050 BQL BQL BQL Toluene 0.050 BQL 0.079 SQL 1,3-Dichloropropane 0.050 BQL BQL BQL Dibroaochloramethans 0.050 BQL BQL BQL 1,2-Dibrowethane 0.050 BQL BQL BQL Tetrachloreethene 0.080 BQL BQL BQL 1,1,1,2 -Tetrachloroethane 0.050 BQL BQL BQL Chlorobencene 0.050 BQL BQI, BQL Bthylbensene 0.060 BQL BQL BQL a- and p -xylene 0.070 BQL BQL BQL Brosofors 0.050 9QL BQL BQL Styrene 0.100 BQL BQL SQL 0 -Xylene 0.070 BQL BQL BQL 1.1,2,2 -Tetrachloroethane 0.050 BQL BQL BQL 1.2,3-Trichlorogropzne 0.060 BQL BQL BQL Isopropyl bensene 0.060 BQL BQL SQL Broeobensene 0.050 BQL BQL BQL n -Propyl benzene 0.050 BQL BQL BQL 2-Chlorotaluene 0.060 BQL DQL BQL 4-Chlorotoluene 0.060 BQL BQL BQL 1,3,5-Triesthylbentene 0.050 SQL BQL BQL tart -Butyl benzene 0.060 BQL BQL BQL 1.2,4-Trisethylbentene 0.050 BQL BQL BQL sea -Butyl benzene 0.050 BQL BQL SQL 1.3-Diahlorobensene 0.050 BQL BQL SQL 1.4-Dichiorobensene 0.050 SQL ROL SQL p -Isopropyl toluene 0.050 SQL BQL BQL 1.2-Dichlorobensone 0.050 BQL BQL SQL n -Butyl benzene 0.050 BQL BQL SQL 1.2-1)ibrosor3-chloropropane 0.100 BQL DQL SQL 1.2.4-Triehiorobensens 0.080 BOL BOL SQL Naphthalene 0.150 BQL BQL BQL Hexachiorobutadien• 0.060 SQL BOL BQL 1,2,3-Trichlorobentene 0.100 BQL BQL BQL 0 B ORIIG LOG Job #: Job name: Date:_f — 7.)Water level: — - Well #: TA -1 (�yJ- i Total Depth of Boring:_ f Meter used: -4 depth I Material Descritption I Readings in feet I 0 I Grua, i,ai 4I + CCrt7t, dibJv+P.ti� t ._.. io, ••�ois}, Orson -ts � Drawn, .�c� I s-5 G 10 I a-10 �t�^ -- .P e: - Gm..c r�s•� rr�a•- p�t•*f C2YJ I l5 np a I #QD Z 13' r S •G, • I.ane,a11.4 = goeiww Q' r..dM. rc yt6.aa,,.ir.w, - 1 I 20 i I — I I — I I - I I 25 I I �.. CIZ ,�. B ORING LOG Job #: Job name:__r Dater„_Water level: �Ft • Well #: 8-�- Total Depth of Boring: 10-1, Meter used: depth I Material Descritption I Readings in feet I y ��sai� �S�d• , bi�� I Z-4 fit. a fir►. �+,o c, 6�1 ttik��2 - 5 1 i i d pp„„ BORING LOG Job #: Job munc—LIC."', T Date: ("(13 Water level: a4, Well #: 1-13- � Total Depth of Boring: 40,k , Meter used: depth I Material Descritption I Readings in feet I 0 *VD/ auk, 444 5 10 -kU 20 25 11-16IMMKOR Job #: Job name: Date: Water level: Well #: Total Depth of Boring: Meter used: depth Material Descritption Readings in feet 0 1 10 15 20 BORING LOG Job #: Job munc: Datc:(ajZ(,tj!j Water level: ilit. Well #:-M-z.&w— Total Depth of Boring: Zo4i, Metcrused: depth I Material Descritption I Readings in feet I 0 r3:L4- 5 we"St fcn4 4,v, PWLx, Q,-, 44. 7 10 15 — L.Y.J.6 4.6 .4, c0.6, wu V3 N 20 25 BORING LOG Job #: Job name: Date: Water level: Well Total Depth of Boring: ao ",Meter used: depth I Material Descritption I Readings in feet 0 /FXLL- 10 k)[) Z -7-104, -**we, ISO# C406Pwa z 0 5e "A mi 20 BORING LOG Job #: Job name:-- ".it. I Date:��qa Water level:_3_4, Well #:133&, _ Total Depth of Boring: 10%4. Meter used: depth I Material Descritption I Readings in feet I I 0 = 7 Z -4 5 to 15 BORM LOG Job #: Job name: Date: Water level: Well #: Total Depth of Boring: Meter used: depth I Material Descritption I Readings in feet I I 0 1 1 5 10 20 BOrIUNG LOG Job #: Job name: Date: Water level: Well C Total Depth of Boring: Meter used: depth I Material Descritption I Readings in feet I I 0 10 is 20 i 0 �14T V Qp WRIGHT COUNTY office of County Attorney �° ►TT o 4 Wright County government Center p 10 N. IV. 2nd Street �t d*' Ruffalo. Minnesota 5.5313-1193 1860 Wyman A. Nelson Phone: efilD 682-7340 Metro: (612) 3.396881 C ..ly Ao--y Toll Free: 1-800.362-3667 Fax: !6121 682.6178 Thomas N. Kelly AAssamna nn. L. Mohaupt Chrc! t'nm,na/ (rtrau"n Thome. C.. rin� Brian J. Asleson Tu xathrcn A. Moat A. M CAxJ Cn-,t tn,•:,ron S.,a ht Snndhr.,t 5 May 1994 Mr. Rick Wolfsteller Monticello City Administrator 250 East Broadway Monticello, Minnesota 55362-9245 RE: Gifts Property Dear Rick: At your request, I am writing to you regarding the dilemma the City of Monticello is currently facing with the Gille property. As I understand it, the most practical method for proceeding with a cleanup of this property would Include removal of the building and above -ground improvements prior to removal of the underground tanks. you were inquiring about whether it was proper for the City to undertake an aboveground demolition on the site prior to acquiring ownership of the parcel. The Gille property is tax forfeit property, held in trust by the State of Minnesota for the local taxing districts. Wright County is, in effect, the caretaker for the property. Minnesota Attorney General's Opinion 59a-35, issued in 1968, indicated that it was proper for a County Board to consent to the removal of hazardous buildings upon a tax forfeit property. In this particular instance, the County Board first approved of a site cleanup on June 1, 1993. The matter has come back before them on subsequent dates, and the plans have changed slightly, but the consent of the Board to a cleanup of the property has not changed. I am enclosing copies of the Board Minutes for several different meeting dates when they have dealt with the Gille property. 0 Mr. Rick Wolfsteller PAGE TWO 5 May 1994 In reviewing the tax forfeit procedures followed by the Wright County Auditor, I have found that there is no reason to doubt the validity of the tax forfeit status of this property. I believe I informed you that I did write to an attorney representing the estate of Cortlen Cloutier over one year ago, responding to his inquiry about these parcels. I have received no further communication from that attorney or anyone else on behalf of the estate. Accordingly, I have no reason to believe that any previous owners are claiming any Interest in the real estate or buildings located thereon. In conclusion, I believe it is appropriate for the City of Monticello to proceed with demolition of the structures on the Gills property. I have discussed this with Darla Groshens, Wright County Auditor, and she is in agreement with that. If you do have further questions or concerns, please let me know. Vary truly yours, N "'e— Brian J. Asl so Assistant W t County Attorney BJA/Jb cc: Darla Groshens, Wright County Auditorlfreasurer 0 Council Agenda - 6/13/94 13. Consideration of chance order Al for City Project 93.11C, Chlorination/Dechlorination aroiect at the wastewater treatment plant. W.S.1 A. REFERENCE AND BACKGROUND: The general contractor for the chlorination/dechlorination project requested authorization to change the sire of the outlet fitting on the liquid chlorine tank from 3 inch to 2 inch. USM verified that this would not affect the performance of the system. The contractor is proposing to credit the City $362 for the change. The contractor also failed to meet the expected completion time for this project, which was February 14, 1994. The contractor did install a temporary pumping system for the chlorine prior to March 1, so we were able to meet our permit requirements. But the chlorination and dechlorination systems were not fully functional until recently. This led to increased cost for PSC in purchasing and handling smaller amounts of chemical and also led to increased cost with OSM due to the length of the project being dragged out and problems with delivery of equipment. The increased cost for USM and PSC amount to $1,400. The contractor has agreed to credit the City $1,400 for these cost overruns in lieu of liquidated damages. Since we can only collect liquidated damages haled upon our actual damages, this dues seem to he appropriate. The total credit for these two items amounts to $1,762. 13. ALTERNATIVE ACTIONS: 1. The first allernntive is to approve change order 711 for the chlorination/dechlorination project in the amount of a deduct of $1,76'2. 2. The second alternative would be not to approve the change order. C. STAFF RECOMMENDATION: It is the recommendation of the Public Works Director, City Engineer, and Wastewater Treatment Plant, Manager that the City Council approve change order #1 for the chlorinution/dechlorinal,ion project in the amount of a deduct of $1,762 us outlined in alternative N1. D. SUPPORTINC DATA: Copy of change order #1. 16 Olr r.=:• t t (/ r :• <hrian :`w1•aii:FucaCenter 612.5951775 rrlay ctb'+h '7,W.iyem, Coolcmd 6500-753.5775 �•r-=- { T.ivxintit,tnC. .. t,nu<alrilta, htta 554167128 fAX 5955774 Chango Order Nu: _ I —_— Proiech'-Chlurinatiuli/U_riilUiinr:!bon I'iujeCl O'v,ncr: City UI ldonticcllo 250 East Broadway Monticello, UN 1,531'.2 CHANGE ORDER City Project No.'93.11C OSfvt Project No, 5133.00 Date of Issuance: October 25, 1993 Contractor: 1`1011hts13Sl Mechunit al Englncer: Orr-Schelen-Mayeron 432 Mill Strgr t and Associates, Inc. Long Lake, fAN W'irG You aia direcled to nialte ihu lollu.vi of changes In the Contract Docunients: (1) use a t'nu im:h arLlpn hypochlorite lank liansltlon lituug in lieu of the three-inch filling shown in tfie plans, CUrltractur to e1wit City $362.00. (2) deduce thn o1it„i1n11 %ontlaet plica b'/ $1,400,00 due tudelays in construction completion, Purpose of Change Older: The Change Ordir Is n•+w5aniy to conoct payment fur delays In completing the chtodnation/decNorioation project and i.h.+,nit^S 41 Inoc•=ss piping. Allachmeols (!izl doruniCnlS bty •tev ui0 Chang,-): N/A CI (AtIGU III CCtti(RAf.I PRICE ,—� " _ CHANCE fit CONTRACT TIME _ Originaf Cutatact 110co Original Coniraci Thno: S50,n00 n0 _ J _� Fobrunr/ 14, 1994 Previous t;hnnge OIJus bre b, No Net Change from Provious Change Old6a: $0 .rI/A 1 COPiract Piir•p Ptial to IN5 CICaluo -+islet' Cortlract Tlme Pilot to tI43 CKingn OrdCC 150,600.00 February 14, 1994 —_ Not luua.)6n of thi;; 0"1 ige lAder. Piet Increase (dccreise) ul Change Order, CCr,ttael P14 -P cath all f+pri'ved Gh roue Ord( rs: COWIacl lime with Approved Change Ciders: i 549,038.00 rx+---�. :.....u_:`s.__ :_ •. __ ..:.sc.�•n --r_ N/A Recommondcd 0yyy: 111 Approved 0y: Jolt 1). !''car .tai, P.E — _ �-—_—Nenh•vost hinelianlcnf I4 Apptn:ed By: Appiovod Uy: y x Date cl Council Action: SAL {Ptrbllc wud.a 01111.1.) (City Adminlsiratot) '•t re�•t . A„iul/ll� 17/rf,rt 2•v„Iw1 ' 1• rr1.rLi`IIITIM]ytlltClV�i�1�Or,A!•llLit�'.Cpl;IrS'rt.a••7Y1SCP.'llLi'�44sOji`IJYri,1110�+1a�irallr�ot�1�`iftJ� ,rr'••Y Council Agenda - 6/13/94 14. Consideration of a resolution declaring intent to reimburse uroiect costs throueh a future bond sale--Proiect 93-12C. (R.W.) A. REFERENCE AND BACKGROUND: With the puhlic hearing being held tonight by the Council on the proposed Meadow Oak lxmd storm sewer Outlet to the Mississippi River, the Council may want to consider adopting it resolution staling that it may reimburse itself through a bond sale in the future for any cost associated with this project. While all actual project has nOt yet been awarded at this time, the City is incurring expenses relating to this project through our engineer's involvement, and by adopting this resolution, the City would be protecting its rights to reimburse itself for any expenditures for engineering or construction that we have prior to the actual bond being sold. If this project goes ahead yet this year, it is anticipated that the City will have to sell honds to finance the project and will likely include some previous projects we have financed in-house such as the Cardinal Hills 4th Addition improvement and also the Hart, Boulevard storm sewer project we did last, year. do far. the City has been using its own cash tlnw to fund these projects; but it wits assumed that, when the Meadow Oak outlet prgject wits awarded, (he City would he issuing at bond and harrowing the money to pay for these cOsts. The City has up to one year after our project is completed to sell b mtds if it wishes Lit reimburse itself fur Lilly of the cost associated with those projects. ']'his one-year time period is available if the City Council adopts the resulutiun attached. B. AI.TFUNATIVE ACTIONS: The first alternative would be LO ndopt. the resolution indicating an intent tO reimburse Ourselves through it future bunt) sale for the Meadow Uak pond Outlet storm sewer project. Adopting this resolution does not require the City to sell it bond, it Only indicates that we have the option tit do so in the future if we find it necessary to reimburse ourselves fur any project cost. Without adopting this resolution, the City does not have the ability to sell a band to reimburse itself fear any cost it incurred prior to the date of the Iwnd stile. 17 Council Agenda - 6/13/94 2. Do not adopt the resolution. The only reason you would adopt this option is if you are absolutely sure you have no intent of selling a bond in the future for this project. STAFF RECOMMENDATION: It is the recommendation of the City Administrator that LI -le resolution be adopted allowing the City to sell a bond in the future if it needs to. Again, this resolution is not saying we will sell a Ixind for this project, only that it allows us to do so if we need to sonic day. Due to the esti mated project size of $350,000 or more, it will probably he necessary to actually sell the bond if this project is ordered in the future. D. SUPPORTING DATA: Copy of resolution. 18 RESOLUTION 94 - RESOLUTION RELA'T'ING TO FINANCING OF CERTAIN PROPOSED PIUMEC'IS TO RE UNDERTAKEN BY'l'HE CITY OF MONTICELLO ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT ItESUI.VED by the City Council (the "Council') of the City of Monticello, Minnesota, (the "City") as follows: Recitals (a) The Internal Revenue Service has issued Section 1.103-18 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds, all or it portion of the proceeds of which are to lie used to reimburse the City for project expenditures made by the City prior (o the date of issuance. (b) The Itegulatons generally require that the City nwke a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued borrowing, that the burrowing occur mud Clic reimbursement allocation be made from the proceeds Ill such Iairrowaig within one year of the payment of the expenditure or, if lunger, within one year of the dale the project is placed in service, need that the expenditure he it capital expenditure. (c) The City desires to comply with requirements of the Itegulatons with respect to certain projects hereinafter identified. 2. Official Intent Declaration. lul The (.i(.y proposes to undertake the following projects described on Exhibit A attached hereto. (li) Other than (i) expenditures to he paid or reimbursed from sources other than it borrowing, or (ail expenditures permitted to lie reimbursed pursuant to the transition provision of Section 1.103-18(192) of the Regulations, or (iii) expenditures constituting prelimivary expenditures its defined in Sedion 1.103-IR(i)(2) of the Regulations, no expenditures for the foregoing pruiects its identified on Exhibit A have heretofore been made by the City and no expenditures will lie made by the City until alter the dale of this Resolution. C Resolution 94 - Page 2 (c) The Cit_v reasonably expects to reimburse Clic expenditures made for costs of the designated projects out of the proceeds of debt (tile "Bonds") to lie incurred by the City alter the date of payment of all or a portion of the costs. All reimbursed expenditures shall lie capital expenditures as defined in Section 1.150 -Wit of the Regulations. (d) This declaration is a declaration of official intent adopted pursuant to Section 1.103 -IA of the Regulations. Budeetary Matters. As of the date hereof, there are nn City funds reserved, allocated on it lung -term basis, or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis, orolherwise set aside) to provide permanent financing for the expenditures related to the projects, other than pursuant to the issuance of the Bonds. This resolution, therefore, is determined to he consistent with the City's budgetary and financial circumstances its they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. hiliiu;. This resolution shall be filed within ,10 days of its adoptiun in the publicly available official hooks and records of the Ci(.y. '['his resoluCion shall Ile available for inspection rot the office of the City Clerk tit the City Hall (which is the main administrative office of the City) during normal business hours of the City on every business clay until the date of issuance of the Bonds. Reimbursement Allocations. The City's financial officer shall be responsible fir making the "reimbursement allocations" desnibed ill the Regulations, being generally (he transfer of the appropriate amount of proceeds of the Bonds too reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall he evidenced by an entry on the official boults and records of tlae City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed or, in Che ease of reimbursement of a fund or account in accordance with Section 1. 103-18, the fund ar Itcaltuit from which (,he expenditure was paid, and shall he effective to relieve (.Ice proceeds of the Bonds from tiny restriction under the hood resolution or other relevant legal documents firr the Bonds, and under any applicable state statute, which would apply to the unspent proceeds of the Bonds. Adopted this 13th day of -lune, 1994. Mayor City Administrator 1� Resolution 94 - Page 3 EXHIBIT A Proiect Description Estimated Cost to be Reimbursed From Bond Proceeds Meadow Oak Estates storm sewer $329,400 pond outlet connection to Mississippi River - Project 93-12C Council Agenda - 6/13/94 15. Consideration of granting annual approval for municipal licenses. (R.W.) A. REFERENCE; AND 13ACKGROUND In the past you have renewed the licenses listed below in a single motion. I believe that the motion has been a contingent motion such that licenses are approved depending upon successful completion of the application, approval at the state level, and submission of proper insurance coverage. The licenses submi tted for your consideration are as follows Intoxicatine Liailor. On -sale (fee $3,750) 1. Monticello Liquor, Inc. 2. Silver Fox 3. Joyner Lanes 4. Robert Eidsvold DBA Comfort Inn 5. J.P.'s Annex Intoxicating Liuuor, On -sale, Sundav (fee $200--seL by statute) Renewals 1. Monticello Liquor, Inc. 2. Silver Fox 3. Joyner Lanes 4. VFW Club 5. American Legion Club 6. J.P.'s Annex Non-intoxicatine Mult, On -sale (fee $275) 1. Rud and (.un 2. Pizza Factory :I. Country Club Non -intoxicating Mult. Off -stile (fee $75) Renewals 1. Monticello Liquor 2. Maury Foods 3. Itiver 'Terrace 4. Tom Thumb 5. Holiday Stationslore 19 Council Agenda - 6/13/94 Wine/3.2 Beer Combination, On -sale (fee $500) Renewal 1. Dino's Deli Set-up License (fee $275) 1. Country Club 2. Rod and Gun (steak fry only) Club Licenses (fee --set by statute based on membership) 1. VFW - $500 2. American Legion - $500 A single motion approving these licenses should read similar to, " 1 move that the following licenses be approved effective July 1, 1994." Although July 1 is the effective renewal date, 1 have notified all liquor license holders that all application frons, certificates of insurance forms, and payments for Lite license fees need to he submitted to city hail by Friday, June 17, in order to provide sufficient, time for the City to submit the applications and insurance certificates (A) the Suite Liquor Control Division. In the last., most. license holders have been waiting until the end of June to remit their fees and provide the necessary information for license renewals, which delayed the State Liquor Control Division from approving the licenses until way after Lite July 1 deadline. Since Lite State has been reprimanding the City for turning in this information late, I have notified all license holders that I expect this information and the appropriate fees to be turned in to the City by June 17 or their license renewals may lapse on July 1, and they could he subject to violating Lite liquor laws by selling without it license. If the required information is not supplied to city hull in a timely manner, I will infirm Lite Sheriffs Department and the Liquor Control Division that. the appropriate liquor licenses have expired .July 1 and let those agencies take whatever action they feel is appropriate. D. SUPPORTING DATA None. 20 COUNCIL UPDATE June 10, 1994 U udate on Krauthauer oroncrty. (J.0.) This is to inform Council that. the City has received a petition from Robert Krautbauer for annexation of a 38 -acre parcel to coincide with development of a 7l -acre tract of land located between East County Road 39 and the freeway and east of Hawks Bar/Restaurant.. In conjunction with the annexation request, the developer of the site, Rick Murray of Residential Development Inc., has submitted a concept plan to the Planning Commission for preliminary review. The concept plan outlines a general land use configuration and traffic circulation system. At the Planning Commission meeting on .lune 6, the Commission reviewed the concept plan and authorized it public hearing for the purpose of reviewing possible amendments to the zoning ordinance making a restaurant/bar a conditional use in a B-3 zone. Under the concept presented by Rick Murray and supported by Joe Abbott, owner of Hawks liar, it is proposed that a small commercial area he established including and adjacent to the Hawks Bar/Restauranl site. This area would be buffered from the adjoining townhome development by separating roadway access and through installation of berming and landscaping, etc. The halalue of the site would be developed for lownhomes on the freeway side and for single family development throughout the balance of the site. The total housing units projected for this area are estimated at 131 units. A relatively large area is proposed as it city park. Again, Planning Commission review has been limited to hand use concepts only. Specific details pertaining to plat design will he discussed at the Planning Commission meeting scheduled for July 5. As it final note, Mr. and Airs. Krautbauer, along with the developer, have also submitted as petition for annexation to the township and have requested annexation under the urbanization plain. Township officials hove voiced preliminary support fur the annexation based on the fact that the property is located within the a ren identified its being in the urban service area and, therefore, appears to meet, the criteria for annexation under the City/Township agreement. If you should have tiny questions regarding the development of this property at this stage, please give ole it call. rdi RESIDENTIAL DEVELOPMENT, INC. 15 Choc taw Circle, Chanhassen, Nin. 55317- (612) 934-6238- FAX (612) 934-2423 June 3, 1994 Mr. Rick Wolfstellar, Mr. Franklin Denn, City of Monticello Town of Monticello, 250 E. Broadway, 8550 Edmunson Ave., Monticello, MN Monticello, MN Re: Annexation of a tract of land into the City of Monticello per Joint Resolution 90-52. Gentlemen; Residential Development, Inc. has under option, a tract of land in the West half of Sec 18, Twp 121, Rge 24 South of County Road 39 and North of County Road 75/1-94, commonly referred to as the "Krautbauer Property". The tract consists of approximately 71 acres, the northern half of which lies within the City of Monticello, and the southern half remains in the Township of Monticello. The Township parcel is essentially surrounded by properties previously annexed Into the City. Petition for annexation of the portion of the tract lying outside the limits of the City of Monticello, executed by Robert G. and Betty Ann Krautbauer as owners thereof is attached. The Krautbauer Property meets the criteria established in the Monticello Orderly Annexation Plan, approved by both governing bodies as Resolution 90-52. The purpose of this letter is to present our request for annexation, conceptual development plans, and to identity the timing requirements in effecting annexation. Preliminary meetings with staff members from the City of Monticello have been favorable as regards the proposed project. With respect to item 4 of the resolution: A. The property is within the 'Urban Service Area" as defined. B. Petition of the property owner is attached. C. The entire property will be served with city water and sewer. D. The developer has coordinated its Initial plan with Mr. Stephen W. Grittman, City's Consultant, City Staff, and is on the City Planning Commission agenda for Tuesday. June 7, 1994. E. Construction will begin within 30 days of final plat approval by the City of Monticello. The initial construction program includes the installation of utility services from the existing sewage lift station on County Road 39 into the annexed parcel. F. This will be the only annexation request for this tract. Your favorable action on this request is greatly appreciated. Sincerely, rRiES TIAL DEVELOPMENT, INC. Ick D. Murray U President REIWrm Encl. CITY OF MONTICELLO TOWNSHIP OF MONTICELLO The undersigned Robert G. Krautbauer and Betty Ann Krautbauer, being the owners of a tract of land consisting of 71 acres more or less, generally described as tying within the west half of Section 18, Township 121, Range 24 south of County Road 39 Right of Way and north of the County Road 75/Interstate 94 Right of Way, approximately one-half of which tract lies within the City of Monticello and the remainder within the Township of Monticello, hereby request annexation by the City of Monticello of that portion of the tract lying outside its current City Limits. The entire tract is under contract to Residential Development, Inc., of Chanhassen, Minnesota for a phased development project upon annexation. Residential Development, Inc. will be processing all documents including surveys and effecting all improvements in accordance with applicable ordinances. This petition is executed in duplicate originals. ATTEST'. OWNER: v ®r -'a' z; Robert G. Krautbauer 'Betty Anh Krautbauer 250 East Broadway P. O. Box 1147 Monticello, MN 55362.9245 MEMO Phone: (612) 295.2711 Metro: (612) 333.5739 Fax: (612) 295-&404 TO: Township Board Members FROM: Jeff O Neill, Assistant Administrator DATE: June 6, 1994 RE: Proposed Krautbauer annexation This letter is written to inform you that the City of Monticello has been contacted regarding the possible annexation of the Krautbauer property for development of a small commercial area, townhomes and single family housing. In the next few weeks, the Planning Commission and City Council will be reviewing the land use concepts in detail for consistency with the comprehensive land use and utilities plan. If acceptable, these concepts will become the basis for a subsequent development plan. Following is additional information about the site in terms of the criteria for annexation as identified in our joint agreement. 1. The area proposed for annexation is within the area identified as the "Urban Service Area"; therefore, it is eligible for annexation under the Urbanization Plan. 2. City facilities providing sewer and water have been sized to serve the area. 3. This is a concept plan being presented for your comments. Further information regarding phasing will be available upon completion of the development plan. 4. Upon completion of the concept review stage, it is anticipated that a development plan will be completed that provides the level of detail to show how it will meet the standards and requirements of the comprehensive plan or utilities plan. City staff will provide you with a copy of the development plan as soon as it is available. No action will be taken by the City on the annexation question until your comments on the development plan have been received by the City. Memo Township Board Members — June 6, 1994 Page 2 5. Development of single family and townhornes is consistent with the comprehensive plan for the city. The City Planner is advising the City to annex Hawks RestaurantBar as a conforming use within a small commercial area as proposed under the developer's concept plan. Please let me know if there are particular issues or concerns regarding the development of the property that should be included in the development plan. Finally, attached is the information provided to the Planning Commission regarding preliminary land use concepts. Also included is correspondence outlining the proposed timeline for development. If you should have any questions, please call. 1 INFORMATIONAL ITEM June 8. 1994 Board of Review vroaerty adiustmenta. (R.W.) Attached you will find a copy of the six parcels that were adjusted by our Assessor, Jerry Kramber, and were approved by the Council at the last meeting. The summary outlines the original proposed market value of each property and the resulting reduction or, in one case, no change to the value proposed. This information has been forwarded to the County Assessor for inclusion on next years tax records. )Cramer & gssocr'ales, .9nc. FWALC4rA78AVVRAMEWASSE980R9 May 24, 1994 P.O. BM 56 mvb=e fl41 97363 (612)67!3748 Doug Gruber Wright County Assessor Wright County Courthouse 10 2nd Street NW Buffalo, Minnesota 55313 Dear Doug, The following properties were reviewed as requested by the Board of Equalization: 155-012-001050 Richard Tigue 1994 EMV $96,100.00 Reduced to $92,900.00 155-016-000010 Douglas Stokes 1994 EMV $79,600.00 Reducad to $74,000.00 155-010-067100 D. Pitt 1994 EMV $54,500.00 Reduced to $42,400.00 155-010-058010 Roman Brauch 1994 EMV $116,300.00 Reducad to $112,400.00 155-044-004120 Michael Beck 1994 EMV $123,700.00 NO CHANCE 155-015-011030 Frederick Hickman 1994 EMV $83,900.00 Reduced to $70,600.00 If you have any questions regarding the above properties, please give me a call. Reap fully, ry ramber nticello City Asaesaor cc: Rick Wolfsteller City Administrator COUNCIL UPDATE June 10, 1994 Update on installation of NO PARKING signs in accordance with vathwav Alan. IJ.O.1 This update is to inform Citv Council that the public works department and the county public works department will be placing NO PARKING signs at certain locations in accordance with the bike plan approved by the City Council in May of 1993. Staff recognizes that. the approval of the plan was granted sonic time ago; therefore, we feel it is important to update You on placement of the signs prior to installation. The first location is placement of NO PARKING signs along bast County Road 39 from the entry to the city at Gillard all the way to Riverroad Nana. The signs will simply state NO PARKING --BIKE ROUTE. The county highway department will place the signs at intervals defined by the County. The cost of the signs and installation will be borne by the County. This segment of East 39 is considered to be part of the county bikeway system. Restricting parking :long this route should not be a problem because the road shoulder is rarely used for parking by local residents due to the deep setbacks. There is one exception: Fishermen using the Battle Rapids Park area often park on the shoulder, which would conflict with the no parking designation. In order to avoid this conflict., users of the park will he encouraged through signage to park oil the gravel surface just off the paved shoulder. The other location for NO PARKING signs is 7th Street between Washington and Highway 'lb. As you know, there ore it number of apartments on the north side of 7th Street. Unfortunately, many of the residents that live in the apartments facing 7t,h Street use the road right-of-way for parking rather than the parking lot provided. The vehicles that are parked on 7th Street add to the congestion find hamper movement of hicyclists and pedestrians along 7th Street,. Itis the view of the public works department that. placement of No PARKING signs along both sides of 7th Street. between Ilighway 25 and Washington is lung overdue. This is it city street: therefore, City crews will install the signs. Again, designation of these roadways its on -street hike and pedestrian routes is included in the pathway plan approved by Council in May of 199.1. If any Council member objects to tile placement of signs ut. the locutions mentioned, or if tiny Council member would like to review the pathway plan, please let me or the public works department know. COUNCIL UPDATE June 10, 1894 Undate on senior housing nroiect. (J.0.) This memo is to inform Council that the Monticello Hospital District will be reviewing proposals from four different development companies interested in developing a senior housing project adjacent to the expanded clinic facility. The presentations will he made on June 22 at 6:30 p.m. According to Barb Schwientek, City stair and Council are invited. COUNCIL UPDATE June 10, 1984 Uadate on variance request eranted to Mr. and Mrs. Leeman. (J.0.) This is to inform Council that at the previous meeting of the Planning Commission, Planning Commission granted a 6 -ft variance to Mr. and Mrs. Leeman, which would allow them to develop a 16 -ft wide attached garage to their existing single family structure. Please review the information relating to the site and let City staff know if you have any objection to the variance as recommended by the Planning Commission. If so, the item will be placed on the Council agenda for June 27, 1994. If no objections are mentioned, the variance stands as recommended by the Planning Commission. Planning Commission Agenda - lqa b. Public Hearing -Consideration of a variance of 8 ft to the 10 -ft side vard setback reouirement in coniunction with construction of an attached garage. Applicant. Jack and Barb Leeman_ (J.O.) A. REFERENCE AND BACKGROUND: Jack and Barb Leeman request that the Planning Commission approve an 8 -ft variance which would allow them to build an 18 -ft wide attached. The situation is similar to the condition commonly found in the Balboul and Anders Wilhelm development areas in that the home was centered on the lot, thereby providing little room on either side for development of an attached garage. Due to the tight distance between the house and the property line (20 ft), it is impossible to expect that the two -car garage could be constructed; however, there does appear to be sufficient room to allow development of a single car garage. As you recall, under similar circumstances, the City has granted variances; however, the extent of the variance has been limited to 6 ft to coincide with standard easement requirements on side yard lot lines. In the past, the City has been reluctant to grant variances that would place the garage 6 ft or closer to the side lot line. Therefore, as an alternative to the requested 8 -ft variance, it is suggested by staff that the Planning Commission consider a 4 -ft variance_ B. ALTERNATIVE ACTIONS: Motion to approve granting of a variance of 4 ft to the 10 -ft side yard setback requirement. Motion to grant the variance based on the finding that a variance is necessary for the property owner to obtain reasonable use of the property, the variance will not result in a negative impact on the adjoining property, mid because variances have been granted in the past under very similar ci rcumstances. Under this alternative, the attached garage would be limited to a 14 - ft wide single stall gnrage, and a 6 -ft side yard setback would be maintained. Motion to deny the variance request. This motion could he based on it finding that u unique situation or hardship has not been demonstrated. it has been argued in the past that placement of the structure in the center of the property should Planning Commission Agenda - 6/7/94 not be considered a hardship. The presentowner bought the property in its present condition under existing ordinances and cannot claim a hardship. C. STAFF RECOMMENDATION: Staff recommends alternative #1 for reasons as outlined in the proposed finding. D. SUPPORTING DATA: Location map; Variance request application; A video will be provided at the meeting if necessary. Consideration of a variance of 8 ft to the W 10 ft side yard setback requirement in S conjunction with construction of an attached garage. �•�=—� \�,� ?� APPLICANT: Jack and Barb Leeman I , _ � ,,moi , !�✓ �,.��f/�:/ , "F��`1 ���. W"N" kol CITY OF MONTICELLO VARIANCE REQUEST APPLICATION PEE: $50 for setback or $125 for others + necessary consulting expenses* NOTE: Necessary consulting fees Include the cost to have the City Planner analyze variance, rezoning, and conditional use permit requests at the rate of $75/hr. Generally, the level of City Planner involvement corresponds with complexity of request and/or the potential Impact of the request on the City. The need for City Planner assistance Is determined solely by City staff. ��++ APPLICANT'S NAME/ADDRESS: Ti:k>i&t,-/i �Cee,77a)i Y27 G.'�5f llf:.)Z-da./ PHONE t HOME: '] - .1 31) / YORK: 1--)'� y - LEGAL DESCRIPTION: LOT BLOCK SUBDIVISION OTHER DESCRIBE VARIANCE REQUEST: %eI11/K- e - i What are the unique circumstances that create exceptional difficulties when utilizing the property in a manner customary and legally permissible? 1 is haus e ,'n F.(t LP -77 oua 1Js`.;4ba,-S a /7 d' GJ Q /1.117k AP /I �i 7`U h4, /-e -1/��p f � C7 �)�� 4'ale-a,; /' J DATE: "`�/.-i C- /S?� SIGNED: •..............1.............►...u�u.�uu•�i�u ��....u................uu.....• (-If Pee paid: Receipt Number: /7/(, 3 Currently Zoned: (•O(// Planning Cass+ Nnmbwr: �J'/- n,-.�Q Data ApplicatLon Rocolved: �1�:%�d/`i�/ Date of Planning Commission Public Hearings Time) PLANNING COMMISSION FINDING Hae a hardship been demonstrated? (J Yee (J No Will approval of the variance request: A. impair adequate supply of light and air to adjacent property? (J Yea (J No B. create an unreasonable congestion Increase in the public street? (J Yes (J No C. increase the danger of fire or endanger the public safety? (J Yee (J No D. unreasonably diminish property values within the neighborhood? (J Yee (J No E. be contrary to the Intent of the ordinance? (J Yee () No Summary of Planning Consaieeion Findings Was there an appeal? (J Yee (J No If so, attach a copy of the appeal. Date of Council considerations Time) Decision of Councils (J moo attached Coementas (J see attached Publication Data: Halling Data: Video? (J Yea Is (( No VARREQ.PRMt 7/1/97 CIS