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City Council Agenda Packet 10-09-1995A(WWUA REGULAR MEh1rLNG • MONVICBLLO CITY COUNCIL Monday. October S. 1886 - 7 p m - Mayor: Brad Pyle Council Members: Shirley Anderson, Clint Herbst, Brun Stuu►pf, Toku Perrault 1. Call to order. 2. Approval of minutes of the regular meeting held September 25, the special meeting held September 27, and the ape" meating held October 9, 1995. 9. Consideration of adding items to the agenda. d. Citizens requests, and ccunplaints. A. Introduction of OSA! persoitnel. b. Consent agenda. A. Canuidoration of granting a cunditiu%W nue punnit allowing outsil- storage in an 1.2 zone. Applicant, NSI'. Q. Consideration of adopting a resolution calling for an aeaeasment hearing on November 13, 1995, (hr: Southwest Area utilities Meadow Oak storm sower outlot Maplewood Circle storm sewer C. Consideration of adopting a Central Mionebota Initiative F1ond'a Sponsoring Unit of flovernment Resolution on behalf of VecWir Timil & Manufacturing, Inc. A. Consideration of approval of the preliminary plat of Lho Monticollo Commerce Center 3rd Addition. 7. Consideration of approval of contract defining w;opo of services with HDR fie• wastewater Treatment plant design. W Consideration of purchasing 6 acres cart of Cho wasWwaLLr treulnient plant site. 9. Adjournment. SPECIAL MEETING - MONTICELLO CITY COUNCIL Wednesday, September 87,1998.7 p.m. Council Members Present: Brad F yle, Shirley Anderson, Brian Stumpf, Tom Perrault Council Members Absent: Clint Herbst Others Present: Al Larson, HRA Chair, Ken Maus, IDC Vice Chair, Kevin Doty, DDC Chair, Ron Hoglund, EDA Chair; Steve Bubul, HRA Attorney Staff Present: Flick Wolfateller, City Administrator, 011ie Koropchak, Economic Development Director, Jeff O'Neill, Assistant Administrator A special meeting of the City Council was held for the purpose of discussing the possibility of consolidating the Housing and Redevelopment Authority (HRA) and the Economic Development Authority (EDA), and for the purpose of defining the role of the Industrial Development Committee (IDC) as it relates to the City's governing bodies. IDC Chair Kevin Doty explained that the IDC is a marketing group for Monticello and has received comments regarding the redundancy of presenting information to so many committees during the process of relocating an industry to Monticello. It was proposed by the IDC that by combining the HRA and EDA, prospective businesses and industries would be better served by eliminating a repetitive stop in the process. Economic Development Director 011ie Koropchak reviewed the history of the establishment of the HRA in 1971 and the EDA in 1989. Assistant Administrator O'Neill reviewed structure options, noting that combining the HRA and EDA would result in a more efficient link between the City Council and economic development programs, coordination of finance packaging, and policy-making. HRA Attorney Steve Bubul then presented information regarding the general powers of the HRA and EDA as established by Minnp90 n Statutes. He noted that the EDA may exercise the powers of an HRA and the powers of a city in addition to the powers of the EDA as established by the Statutes. The HRA may levy a tax on all taxable property in the city subject to consent of the City Council. Similarly, at the request of the EDA, the City may levy for the benefit of the EDA. Page 1 '/ Special Council Minutes - 9/27/95 Bubul also reviewed the composition of each board, noting that an HRA consists of five commissioners appointed by the Mayor and approved by the City Council, and any number of Council members may be appointed as commissioners. In some communities, the HRA is made up entirely of Council members. State Statutes also require that HRA commissioners be residents of the city. The EDA, however, has three options for board composition. A three-member EDA must include one Council member, a five -member or seven -member EDA must include two Council members. In some communities, the entire City Council serves also as the EDA. Unlike the HRA, the Statutes do not contain a residency requirement for EDA commissioners. IDC Vice Chair Ken Maus noted his concern that if the HRA is eliminated, the focus on housing will fade. He suggested that two subcommittees of the EDA be formed, one to concentrate on business and industry and the other for housing. Since the IDC's strength is marketing business and industry, perhaps the IDC could be appointed as a subcommittee of the EDA Discussion focused on the current operation of the IDC. It was noted by Steve Bubul that if the IDC became an appointed subcommittee of the EDA, they would be subject to open meeting laws, and any fund-raising proceeds would essentially become part of the EDA funds and, as public funds, would likely have more restrictions. He noted it may be beneficial to have three IDC members appointed as a subcommittee to the EDA and continue to maintain the IDC as a separate organization. EDA Chair Ron Hoglund explained that when the IDC was created in the early 1980'x, it was an entity of the Chamber of Commerce. Over the years they have drifted apart, but Hoglund suggested that if the IDC returned to being a part of the Chamber, the IDC/Chamber could raise and donate funds to the EDA for specific economic development purposes and/or retain the funds for independent marketing efforts or other economic development purposes. Thia would eliminate the public funds restrictions but would continue to benefit the community. HRA Chair Al Larson suggested that the EDA be allowed to have non-resident members if the EDA and HRA are combined so that specific well-qualified individuals can be appointed even if they do not live in the city. It was also suggested that rather than a residency requirement, perhaps it would be sufficient to require that members have a vested interest in the community such as owning property within the city limits. The number of non-residents on the EDA could be limited to a specific number as well. Page 2 9 Special Council Minutes - 9/27/95 Mayor Fjde expressed his support, and it was the consensus of Council to pursue the consolidation of the EDA and HRA. Staff was directed to outline the basic program for reorganization and submit it to the affected committeea for comments prior to placement on a future Council agenda, possibly in January 1998. According to the Statutes, a public hearing would be necessary to allow public comments prior to consolidating the HRA and EDA into an EDA. There being no further discussion, the meeting was adjourned. Karen Doty Office Manager MINUTES REGULAR MEETING - MONTICELLO C1TY COUNCIL Monday, September 25, 1885 - 7 p.m. Members Present: Brad Fyfe, Shirley Anderson, Clint Herbat, Brian Stumpf, Tom Perrault Members Absent: None Aprnmral of in ,too of ha anadal m stinghaldySaternber B. %knA the r =jar Tneetina, hh In A a.++har 11- 1995. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TD APPROVE THE MINUTES OF THE SPECIAL MEETING HELD SEPTEMBER 8 AND THE REGULAR MEETING HELD SEPTEMBER 11, 1998, AS WRITTEN. Motion carried unanimously. i Council was asked to consider granting preliminary approval of accepting responsibility for maintaining a community arena that would be funded via a school referendum and constructed by the School District. Assistant Administrator O'Neill reported that the community arena study group, mad e up of representatives from the City Council, HRA, Planning Commission, &pool Board, and Hockey Association, recently met to explore the possibility of a joint City/School community arena venture. The group discussed the possibility of using the School District's broader taring powers tothud the community arena, with the City accepting responsibility for operations and maintenance. If the City preliminarily approved this concept, the School District would complete the necessary plan work associated with a future bond issue. O'Neill went on to note that the study group supported the proposal because using School District authority for finding the pr*d matched the responsibility for debt repayment with the general population using the flacflity. City acceptance of maintenance and operations was supported because there is confidence among members of the study group that operations revenue and expenses will balance. He also reported that the Hockey Association indicated they would provide volunteers, which would assist in keeping operation cost down. Page i G) Council Minutes - 9/25/95 Councilmember Herbst expressed concern that it would be premature to grant approval prior to completion of an operations budget. He also was disappointed that no representatives of the Hockey Association were present with information on projected revenues and expenses. It was his view that without operations budget information, it would be difficult to commit the City to such a project because nearby communities are also constructing ice arenas, and the School District would most likely want a reduced rate for ice time since they would be providing the land for the arena. Given these factors, Herbst was concerned that revenues would not equal the expenses incurred. Council -ember Anderson noted her opposition to residents being asked to pay for a hockey arena when the City has a $10 million project on line for a much needed wastewater treatment plant expansion, and the School District is in the process of planning for the construction of new schools. Assistant Administrator ONeill stated that some members of the study group recently viewed various community arenas but were unable to assemble the information in time for the Council meeting. School District Superintendent Sheldon Johnson stated that Council's preliminary decision at this time would not commit the City to the arena operations; however, revenue and expenditure information could be presented to Council at a future meeting prior to a decision being made. He noted that it would be beat, however, to let the School District know at this time if the City is not interested in participating in the arena project in any capacity. AFTER DISCUSSION, A MOTION WAS MADE BY BRAD FYLE AND SECONDED BY BRIAN ST'UMPF TO DIRECT CITY STAFF TO REPORT BACK 110 COUNCIL AFTER PREPARATION OF AN OPERATIONS/ EXPENSE BUDGET FOR A JOINT COMMUNITY ARENA AS PROPOSED BY THE SCHOOL DISTRICT, INCLUDING FULL-TIME AND PART -T= EMPLOYEES, AND TO PROVIDE THE COUNCIL WITH INFORMATION ON ARENAS VISITED BY STAFF. MOTION INCLUDES DIRECTING STAFF TO PREPARE THE PROPOSED BUDGET BASED ON NO VOLUNTEERS. Voting in favor: Brad Fylo, Brian Stumpf, Clint Herbst, Tom Perrault. Opposed: Shirley Anderson, as it was her view that the residents should not be asked to pay for an arena in addition to the treatment plant expansion and new school buildings needed in the community. Motion carried. Page 2 9 Council Minutes - 9/26/96 A. Peggy Hanawalt of Kids Are People Too Daycare requested that the City mow the weeds on the neighboring property, as the weeds are only 2 ft from the fence where the children play. She noted that the high weeds are causing health problems for children with allergies and asthma. City staff responded that the ordinance requires that weeds be mowed up to within 100 ft of buildings, which has been done at the property next to the daycare facility. Mayor Fyle stated that staff could review the ordinance for conformance, but an ordinance amendment would need to be adopted in order to change the language and accommodate Hanawalt's request. B. Larry Lukowski of 1006 Golf Course Road stated that he has noticed the water filter in his home has been quite rusty and asked if there will be any further investigation or treatment of the city's drinking water. Public Works Director John Simola explained that the current treatment of the ciWs drinking water meets all state and health guidelines and that the results of all testing may be reviewed at the Office of Public Works. Consent agenda: Recommendation: Support the decision by the EDA for approval of GMEF Loan No. 010 for Vector Tool & Manufacturing, Inc., based on the 9nding that it was issued without violation of the GMEF Guidelines. A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLlXT HERBST TO ADOPT THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. Council Minutes - 9/25/95 Public Works Direr John 3imola noted that this is a continuation of the September 11 public hearing on the Wastewater Treatment Plant Facilities Plan. He reported that the draft amendments to the plan prepared by HDR recommended that the City consider the sequencing batch reactor (SBR) technology for the following reasons: 1. The SBR involves a lower capital cost, 2. The SBR technology results in a smaller footprint than the oxidation ditch. 9. The SBR system would be simpler to add onto in the future than the oxidation ditch and would not require additional land until approximately 2095. 4. The SBR technology would allow for nutrient removal in the future, whereas the oxidation ditch would require the addition of a small selector tank. Simola noted that staff did not have a recommendation at the last meeting, and Council continued the public hearing to allow staff and PSG to continue researching the SBR technology. Additional SBR plants in Oklahoma, Connecticut, Pennsylvania, and Nebraska were studied, but all had loadings less than the Monticello plant, and none had experienced similar shock loads. Almost all plant operators who spoke with staff felt that they would need additional sizing or tanks to handle a large load such as the Monticello plant receives. After further study of the SBR system, staff, PSG, and HDR felt that if the SBR technology is selected, a 3 -tank system would be required, as the 2 -tank system would not have the level of safety as originally anticipated. Advantages of the oxidation ditch system were also reviewed by Simola as follows: The oxidation ditch would be easier to operate with lees sophisticated controls, which should result in lees manpower dedicated to this portion of the plant and technical asaistanoe would be lose over the life of the plant until such time as nutrient removal is needed. The oxidation ditch requires lees operator attention during shock loads and has a better chance of continually meeting the City+s permit limitations for the next 20 years. Page 4 Council Minutes - 8/25/95 There is leas chance of operator error creating odors in the ditch system when nutrient removals are required in the future. Staff and PSG recommended the oxidation ditch system, and Simola noted that they could redesign the layout of the existing site to include a future third oxidation ditch. He noted that other engineers interviewed during the earlier selection process also recommended the ditch technology. It was the recommendation of staff that the City continue to negotiate for purchase of the Floyd Kruse property adjacent to the treatment plant, as the plant could be laid out better with additional land. Bob Peplin reviewed the estimated project cost and additional revisions to the Facilities Plan since the September 11 Council meeting. The cost of a S- tank SBR system was estimated at $9,770,000, and the oxidation ditch system at $10,293,000. City Administrator Wolf teller reviewed examples for funding a $10 million project using a 16 -year bond issue and various valued homes and businessea. He noted that Council may want to consider increasing the sewer hookup fee from $1,200 to $1,600 to help cover a portion of the debt payments rather than entirely using ad valorem taxes. User rates are estimated to increase 20% when the new plant is operational, which would provide additional funds for operations and maintenance. It was noted that Council could also consider increasing the user fees an additional 6% to also help defray the debt service. Mayor Fyle then opened the meeting for public comment. Staff was asked if by creating three oxidation ditches on the current site, would the City not need to purchase the adjacent land. Bimola stated not for 30 years at the current growth projections; however, staff continues to recommend that the City make efforts to purchase the adjacent land for the fhture. There being no further public comment, Mayor Fyle closed the public hearing. Council discussion focused on the differences between the SBR and oxidation ditch systems, the higher initial cost of the oxidation ditch, the recommendation made by City staff and PSG, and the possible purchase of land adjacent to the plant. Page 5 0 Council Minutes - 9128/98 AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO SELECT THE OXIDATION DITCH TECHNOLOGY BASED ON THE FINDING THAT AN OXIDATION DITCH WOULD BE THE MOST RELIABLE METHOD OF TREATMENT FOR THE CITY TO ASSURE MEETING OUR PERMIT LIMITATIONS. Voting in favor. Shirley Anderson, Tom Perrault. Opposed: Brian Stumpf, Brad Fyle, Clint Herbst, as it was their view that the City should select the SBR system. Motion failed. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO SELECT THE $-TANK SBR TECHNOLOGY BASED UPON THE FINDING THAT IT REPRESENTS THE LOWEST CAPITAL COST AND, ALTHOUGH THE POTENTIAL TO BE AFFECTED BY HUMAN ERROR IS GREATER, THE DESIGN CAPACITY ALLOWS IT TO BE A MANAGEABLE RISK. Voting in &vor: Clint Herbst, Brian Stumpf, and Brad Fyle. Opposed: Shirley Anderson and Tom Perrault, as it was their view that the City should select the oxidation ditch system. Motion carried. SEE RESOLUTION 98-69. A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUNTF TO INCREASE THE SEWER HOOKUP FEE FROM $1,200 TO $1,6u0 PER UNIT EFFECTIVE WITH ALL HOOKUPS OCCURRING AFTER JANUARY 1. 1996. THE $900 INCREASE PLUS $900 OF THE CURRENT FEE, FOR A TOTAL OF NW. WELL BE DEDICATED TO PAYING A PORTION OF THE DEBT SERVICE. Motion carried unanimously. It was the consensus of Council that the plant expansion should be financed with a 16 -year bond issue and that it would not be necessary to generate additional hinds by increasing sewer use rates above the 20% increase planned to cover the additional operations and maintenance with the new plant. The City Administrator also reviewed the recant appraisal performed on the Floyd Kruse property adjacent to the treatment plant, which indicated a value of $909,000. Mayor Fyle noted that staff could negotiate with the owner and return to Council, or the owner could negotiate with Council at this time. Floyd Kruse, owner of the property in question, stated that negotiations would take s considerable amount of time, as he felt the value of his land is double what the current appraisal shows. He noted that he would require an additional appraisal prior to considering sale of the land. Page 6 9 Council Minutes - 9/25/95 Councalmember Anderson noted that if a second appraisal is performed which indicated a value of $800,000, perhaps the estimated market value should be adjusted accordingly. After discussion, it was the consensus of Council not to pursue purchase of the property at a price of $300,000. Cn aideratinn of revia ing the Wastewater Troatmnnt Plant Faciliti s P an EAW- - Bob Peplin of HDR Engineering reported that an environmental assessment worksheet (EAW) has been completed for expansion of the wastewater treatment plant, which considered both the SBR and oxidation ditch systems. Upon approval by the City Council, the EAW must be submitted to the Pollution Control Agency for their review and for review by the general public. Peplin noted that there is a small seasonal wetland area which may be impacted by the plant expansion; therefore, the City will need to obtain a permit Som the Corps of Engineers for construction on this site. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT HER89T TO APPROVE THE RAW AS DRAFTED AND FORWARD IT TO THE PCA FOR REVIEW. Motion carried unanimously. SEE RESOLUTION 95-54. Cn nidpratinn of a mquput far a variance to the &nnty nidn_ sknA reskr ae ha 4 rran�uiramanin fer a p armed mit day 1(iymont in an R-2 nna_ i+rotinn is Prairie Went Sulxtiviaien_ A lO�ninti, ie n n arpk. AND 10. f'a+naidpration of ere imine at Approval of a nen at of thA Prairin Went $ +hdiviainn Umatien is Prairie Weat S .6di 'ainn �nnlisn6 io n Kmmnmk. City Planner Steve arittmen reported that the developer of the proposed Prairie West Townhomes has requested variances to the Sont, side, and rear setbacks ibr a planned unit development (PUD). The proposed project would consist of 12 dwelling units developed in 6 twinhome structures around the existing Broadway Circle culdo-m. The Planning Commission recommended approval of the setback variance to the south of the property abutting the railroad property and denial of all other variances; however, Page 7 9 Council Minutes - 8/26!95 Planning Commission also recommended vacation of Broadway Circle, which would eliminate the need for the other variances. Under this scenario, the twinhome association would be responsible for maintaining Broadway Circle as a private street. Grittman went on to report that the developer also requested approval of a conditional use permit allowing development of a PUD in an 114 zone, as well as approval of the preliminary plat of a replat of the Prairie West Subdivision. Planning Commission recommended approval of the conditional use permit and preliminary plat provided that the necessary adjustments are made to accommodate setback requirements, Broadway Circle is vacated, and the conditions of the PUD are followed. Developer John Komarek stated that after three meetings, it was his assumption that the plan as presented was workable and that Broadway Circle would remain a city street. He requested that City Council approve the project as presented. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON AS FOLLOWS: nPrTRION 1: TO APPROVE THE SETBACK VARIANCE TO THE SOUTH ABUTTING THE RAILROAD PROPERTY AS PROPOSED AT 15 FT FOR LOTS 5 & 6 AND 25 FT FOR LOTS 7 & 8 CONTINGENT UPON VACATION OF BROADWAY CIRCLE, AND TO DENY THE VARIANCES TO THE FRONT AND SIDE. Motion is based on the finding that sufficient hardship has been shown for the variance to the south abutting the railroad property but that no hardship has been shown in support of variances to the f -ont and side of the property. nPCIRION 2: TO APPROVE A CONDITIONAL USE PERMIT ALLOWING DEVELOPMENT OF A PUD IN AN &2 ZONE PROVIDED THAT BROADWAY CIRCLE IS VACATED AND CONDITIONS OF A PUD ARE FOLLOWED. nPr-IATON A: TO APPROVE THE PRELIMINARY PLAT OF A RE IAT OF THE PRAIRIE WEST SUBDIVISION CONTINGENT UPON ADJUSTMENTS BEING MADE TO ACCOMMODATE THE SETBACKS, THE VACATION OF BROADWAY CIRME, AND CONDITIONS OF THE PUD ARE FOLLOWED. Motion carried unanimously. Page 8 G) Council Minutes - 9/25/95 It n � .• •�� : •• ..i. •.i i Assistant Administrator O'Neill reported that Swift Construction plans to develop nine twinhome structures at Outlot A of the Klein Farms, which is located in a sensitive transition zone between an industrial area to the north and a single family housing development to the south. The homes would be owner -occupied and would be served by an internal private street. A variance to the front yard setback for a PUD in an R2 zone was requested for units #1and #14 in order to accommodate larger backyard areas for the development. It was the view of the applicant that the area of the variance is essentially a side yard; however, it was the conclusion of the Pling Commission that this area would be considered a front yard because it is the front of the PUD. Therefore, the Planning Commission denied the variance request based on the finding that no hardship had been demonstrated. The development would be required to maintain a 30 -ft front yard setback for lots abutting Stoneridge Drive; however, the PUD would allow for internal setbacks to be flexible if acceptable to the City. O'Neill also reported that the applicant requested approval of a conditional use permit that would allow a planned unit development in an R-2 zone and preliminary plat approval of the Klein Farms Estates Subdivision. The Planning Commission recommended approval of the conditional use permit and preliminary plat subject to conditions and subject to the front yard setback being maintained at 30 ft. It was also noted by ORVeill that the applicant would receive s 60% reduction in total planting units required under the buffer yard ordinance if a 5 -ft berm/screening fence is installed along the boundary between the residential and industrial properties. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON AS FOLLOWS: Page 9 y Council Minutes - 9/25/95 DEr.LnN 1: TO DENY APPROVAL OF THE 10 -FT VARIANCE BASED ON THE FINDING THAT THE YARD IS A FRONT YARD AND A HARDSHIP SUPPORTING THE REQUEST HAS NOT BEEN DEMONSTRATED. nw.l.giON 2: TO APPROVE A CONDITIONAL USE PERMIT THAT WOULD ALLOW A PLANNED UNIT DEVELOPMENT IN AN R-2 ZONE SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE SITE PLAN MUST BE CONSISTENT WITH SETBACK REQUIREMENTS AS DETERMINED BY THE PLANNING COMMISSION AND CITY COUNCIL. 2. THE DRAINAGE SWALE ALONG THE REAR LOT LINE MUST NOT BE FILLED, OR THE DEVELOPER MUST WORK WITH THE CITY TO INSTALL A STORM SEWER LINE AT THIS LOCATION. S. ADDITIONAL LANDSCAPING IS REQUIRED AS NOTED IN THE CITY PLANNER'S REPORT. 4. LANDSCAPE PLANTINGS OR LOW MAINTENANCE GROUND COVER MUST BE PLANTED IN AREAS WHERE THE BERM GRADES EXCEED A 3 TO 1 SLOPE. B. ADJUSTMENTS ARE MADE TO THE UTILITY PLAN AS REQUIRED BY THE CITY ENOOMR. 6. A UTDdTY EASEMENT MUST BE PROVIDED WHICH WOULD ALLOW ACCESS TO THE INTERNAL WATER AND SEWER MAINS SERVING THE SITE, AND THE DEVELOPMENT AGREEMENT AND ASSOCIATION BYLAWS MUST STATE THAT THE ASSOCIATION IS RESPONSIBLB FOR PAYING FOR REPAIRS TO ANY STRUCTURE (SIDEWALK. STREET, CURB, TREE, ETC.) THAT IS DAMAGED IN THE PROCESS OF UTILITY MAINTENANCE ACTIVITY. 7. THE CITY MUST BE GRANTED A STORM SEWER EASEMENT IN THE STORM WATER PONDING AREA LOCATED EAST OF THE SITE. TO AVOID LONO•TERM MA]NTENANCE PROBLEMS FOR THE ASSOCIATION AND TO ENHANCE THE ENVIRONMENT, A CONTRACT BETWEEN THE DEVELOPER AND A NATIVE GRASSES RESTORATION FIRM MUST BE ESTABLISHED FOR THE PURPOSE OF ESTABLISHING WETLAND CHARAC7ERL9'TICS IN THE STORM WATER BASIN. 8. ESTABLISHMENT OF AN ASSOCIATION AND BYLAWS AS PRESCRIBED BY ORDINANCE. nPCIRTON R: APPROVE THE PRELIMINARY PLAT OF THE KLEIN FARMS ESTATES SUBDWISION SUBJECT TO THE CONDITIONS NOTED UNDER THE PUD APPROVAL. Pap 10 0 Council Minutes - 9/26/95 Applicant Terry Hartman requested that Council approve a berm/screening fence that is less than 5 ft above the main floor elevation of the structure. Allowing a shorter berm/fence would result in a small increase in usable back yard area Mayor Fyle noted that since the original plan was to construct multi -family units in this area and now the city would be getting owner - occupied twinhomes, perhaps some leniency should be given. Clint Herbst noted the importance of sticking to the requirements of the buffer yard ordinance, especially since this is the City's first application of the new buffer yard standards. Voting in favor of the motion: Clint Herbst, Shirley Anderson, Brian Stumpf, Tom Perrault. Opposed: Brad Fyle. Motion carried. 14. Update on West ConnU Road 39 biosolide site. Public Works Director John Simola reported that additional investigation of the Kenneth Bohanon farm on West County Road 39 for possible sludge application has begun as requested by Council. Mr. Bohanon initially indicated that he was not interested in selling his property; however, he did ask what the City would be willing to pay. Staff informed Bohanon that soil investigations would be necessary before the City could discuss land values. Bohanon agreed to give the City access to the property for soil testing. Simola went on to state that they were unable to finish the testing prior to the Council meeting; however, preliminary results show that the west 80 acres of the site appear to have fairly uniform soils, with an average of 12 inches of topsoil underlined by sandy soils. The current ground water was found 27.5 ft to 32 ft beneath the surface. Some areae show 20 inches of topsoil, which would be good for sludge application purposes. No action was taken by Council at this time. Further information will be submitted to Council when final test results are obtained. 15. Censideratinn o[gpnro ng glIncemprat of n information kinAlt at nmhnr of Co mored office site, The Chamber of Commerce is requesting permission to place an inibrmation kiosk/reader board at the Chamber of Commerce office site. City Council needs to review the proposal because the property is owned by the City. The main purpose of the sign is to provide information regarding community events and activities. The duty of changing the reader board messages and maintaining the sign would be the responsibility of the Chamber of Commerce. Page 11 0 Council Minutes - 9/25/95 A MOTION WAS MADE BY BRIAN =MPF AND SECONDED BY CLINT HEIUM TO APPROVE PIACEMENr OF AN INFORMATION KIOSR/READER BOARD AT THE CHAMBER OF COMMERCE SITE. Motion carried unanimously. 16. (`.m+aidm�al3on ofhilln fir kw mrm � of Sa�t�hwr, AFTER DISCUSSION, A MOTION WAS MADE BY 811IBLEY ANDERSON AND SECONDED BY TOM PERRAULT TO APPROVE THE BILLS FOR TIE MONTH OF SER AS PRESENTED. Motion carried unanimously. 'Dere being no further business, the meeting was adjourned. Karen Doty Office Manager Page 12 (2 NINU EB SPECIAL 11 ZMG - MONTICELL0 Crl'Y COUNCIL Wednesday, October 4,1996 - 6 p.m. Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Brian Stumpf, Tom Perrault Members Absent: None A special meeting of the City Council was held for the purpose of reviewing in more detail the proposed capital outlay expenditures and capital improvement projects for the 1996 budget. City Administrator Rick Wolfsteller reported that the summary budget worksheets presented to Council included the adjustments that have occurred since the fust budget meeting. In order to maintain a 6.6% maximum levy increase, the capital outlay item of $300,000 for wastewater treatment plant design fees was reduced to $161,793 and earmarked for land acquisition for either biosolids application or treatment plant expansion. In addition, $31,431 in revenue was lost due to a reduction in the City's HACA aid made by the Department of Revenue. This amount was also deducted 6rom the capital outlay find, leaving the balance for land acquisition at $120,382. Wolfsteller also noted that fixture projects the City may be dealing with include realignment of Oakwood Drive and Highway 26, the Fallon Avenue overpass, Dundas Road extension to Highway 26, and a full or partial interchange at County Road 118 and I-94. He noted that the cost of these projects will likely be substantial, and no funds are set aside at this time for the City's share of these projects; therefore, if any specific department capital outlay expenditures are deleted from the budget, Council may want to consider keeping the finds in the tax levy and add them to the capital improvement find for future projects. Council reviewed the capital outlay items as proposed for 1996, including data processing, city hall brick repairs, streets, snow and ice, parks, building inspection, wastewater treatment plant, and library finds. Public Works Director John Simola suggested that if Council wished to delay the purchase of some of the street and snow and ice equipment as discussed at the previous budget meeting, it would be best to delete the $60,000 for the snowblower and leave the street sweeper as proposed. In addition, Simola noted that the brick repair needed at city hall will likely require more than the $10,000 budgeted last year and the $6,000 for 1996; therefore, he suggested that the small loader and trailer item in the streets budget be reduced fiom $32,000 to $16,260, with $1,600 being added to the parks budget fbr professional services and $14,760 added to the city hall brick repair amount- It was the consensus of Council to make the changes in the budget as proposed by the Public Works Director. Pepe 1 0 Special Council Minutes - 10/4/95 Council discussed the proposed parks budget of $30,000 for a pathway firom the Middle School to Meadow Oak Park and $15,000 for a pathway from the Middle School to County Road 75 along County Road 118. Concerns were noted regarding installation of a pathway along County Road 118 prior to the possible interchange project in that area. After discussion, it was the consensus of Council that the amount of $15,000 could be left in the budget provided the County Road 118 pathway is not installed until more information is known about the interchange project at this location. It was also the consensus of Council to reduce the amount for the pathway from the Middle School to Meadow Oak Park $15,000. It was their view that the pathway grading and class V could be installed in 1996 for this portion of the pathway, and paving of the pathway could be budgeted for 1997. The library budget of $30,000 was also discussed, and Librarian Marge Bauer explained the proposed remodeling in detail. Bauer also requested that the amount in the operating budget for library programa be increased, as they are well -attended by the residents. It was the consensus of Council to increase the operating budget for library programs from $1,850 to $2,000. Public Works Director Rimola requested a consensus from Council regarding the proposed public works staffing budget, which consisted of changing the public works secretary to a frill -time position and adding a part-time position in both the street and parks departments. Mayor File stated that he did not object, and it was the consensus of Council that the proposed staffing remain in the budget as proposed. The City Administrator reviewed the $74,650 in capital outlay reductions made by Council. Discussion focused on whether to earmark thio amount for fixture biosolids or wastewater treatment plant land acquisition, or whether the 1996 tax levy should be reduced by this amount. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBBT AND SECONDED BY BRIAN STUMPF TO REDUCE THE 1996 TAX LEVY BY $74,650 FOR A TOTAL LEVY OF $2,922,800. Voting in favor: Clint Herbst, Brian Stumpf, Tom Perrault. Opposed: Brad Fyle and Shirley Anderson. It was their view that the $74,650 should be placed in the capital outlay ftixnd and earmarked for future land acquisition. Motion carried. There being no further business, the meeting was adjourned. Karen Doty Office Manager Page 2 Council Agenda - 10/9/95 A- RF.FF.RFNCF. AND RACK(;RO TND; A few weeks ago it was discovered that NSP was working on expanding the outside storage area located to the rear of their main structure. In response to this observation, they were informed that they would need a conditional use permit allowing expansion of the outside storage area. In turn, NSP has submitted an application for a conditional use permit and has also written a letter to the City indicating that they are planning to move forward with installation of a perimeter fence and noted that it was their intention to fully satisfy the City on what needs to be done according to ordinance. Due to a staff mistake, the existing outdoor storage area was not approved via the conditional use permit process and is not screened from view from the public right-of-way and is, therefore, a nonconforming use. This expansion represents an opportunity to correct the nonconforming aspects of the site. Subsequent to realizing the mistake, we have informed NSP that the existing outside storage area must be approved via the conditional use permit process and will need to be screened fi�om view from the public right'of-way in accordance with code. The proposed expansion to the outside storage area will double the land area available for outside storage and will extend outside storage activities to the limit of the property on both the sides and rear of the site. As you can am in the attached site plan, about W to V4 of the space available is occupied by the vehicle storage building and associated employee and office parking. The balance of the property is proposed to be used for outside storage. The site is bounded on the east and west by industrial uses. To the east is located the City well along with the future site of Vector Tool. Polycast Manufacturing is located to the west of the site. An area zoned for residential planned unit development is located to the south of the site. According to code, the material stored in the outside storage area needs to be screened Brom view from this residential area. In addition, on the north aide of this site, a significant portion of the outside storage area is exposed to a view from the street. According to NSP officials, NSP is supportive of installing a screening fence around the entire storage area, which will meet code requirements. Please note that in addition to this screening fence, at some point in the future a buffer yard will be installed in conjunction with development of the ii -PUD Council Agenda - 10/9/95 area, which will further act to screen the view of the outside storage area from the residential area. This buffer yard will be constructed by the residential development. B. AT TERNATIVE ACTIONS; 1. Motion to approve open and outdoor storage as an accessory use in the I-2 zone which would allow expansion of the storage area at the NSP site as proposed provided that. 1. all requirements of the zoning ordinance regulating outside storage in an I-2 zone be met. 2. the grading and drainage plan for the outside storage area is reviewed and approved by the City Engineer. 3. The tree planting requirement is consistent with other industrial sites that recently developed outside storage. 4. NSP contacts the Sheriffs Department for input on methods to achieve yard screening without sacrificing yard security. 5. The height of the fence depends on the height of the material screened. The screening fence, if higher than 6 R, must meet I-2 setbacks; if 6 ft or lower, it can be placed inside of setback lines. Under this alternative, the outside storage area would be screened Brom view Brom the residential area, screened from view Brom the public right-of-way, the storage area would need to be grassed or surfaced to control duet, lighting of the storage area would have to be directed or hooded away from the residential area, and the grading plan would have to meet the approval of the City Engineer. This alternative could be selected based on the finding that development of the outside storage at this location in an 1.2 zone under the conditions as noted by ordinance is consistent with the character and geography of the area and will not result in depredation of value of adjoining land. 2. Motion to deny open and outdoor storage as an accessory use in the I.2 zone. Council Agenda -10/9/85 Planning Commission might select this alternative based on a finding that the size and magnitude of the storage area is not consistent with the area or perhaps could have a negative impact on the residential area. [:_ RTAFF (7A .NDATIAN; Staff recommends approval of the conditional use permit allowing outside storage as proposed. It is our view that the expansion of the outside storage area is consistent with the character and geography of the I-2 properties. The City has enacted a buffer yard ordinance which is designed specifically to create a proper separation between this type of land use and the residential property to the south. Copy of site plan; Copy of conditions required by ordinance. Council Agenda -10/9/95 Planning Commission might select this alternative based on a finding that the size and magnitude of the storage area is not consistent with the area or perhaps could have a negative impact on the residential area. C. STAFF RF.COIYIIVNDATIAN; Staff recommends approval of the conditional use permit allowing outaide storage as proposed. It is our view that the expansion of the outside storage area is consistent with the character and geography of the I-2 properties. The City has enacted a buffer yard ordinance which is designed specifically to create a proper separation between this type of land use and the residential property to the south. Copy of site plan; Copy of conditions required by ordinance GAS PIPELIIIE � 9601 HAIOIOIE/CLEANOUT LT I /� � rl t � s—R04��at—------ ---. ;---- ---- ----r------ h I / v.L. END 1�'�DylgAp�C.H.P v I SEE HDTE 4 -� 5-4.- EXISTING DI TCN - ��y----� 12 �A.1 24'AT P.L. MITH� ..\�� 26' RADIUS AT D �:_ f/ I 1 �•; I EACH ENIERANCE 'III j DFFICE I I x 1, 1 l 4 5-C FEW / JYEHICLE 5 -?I 1 / / / vATit15E y 01— s I LOT J ORES / 1 1946 x I � 1 \ r I i9�1— i 1 1 I\ UND ElOP ( 1 ! 219' -,• � J 149-4: CONDITIONAL USES: The following are conditional uses in an "I-1" district: (Requires a conditional use permit based upon procedures set forth in and regulated by Chapter 22 of this ordinance). (A) Open and outdoor storage as an accessory use provided that: 1. The area is fenced and screened from view of neighboring residential uses or, if abutting a residential district, in compliance with Chapter 3, Section 2 [G], of this ordinance. 2. Storage is screened from view from the public right-of-way in compliance with Chapter 3, Section 2 (G), of this ordinance. 3. Storage area is grassed or surfaced to control dust. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 (H], of this ordinance. 9. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. 5015 Council Agenda - 10/M ila Jt oring on November 1a, 19B& for &mth egt A-� ntlHtla� Meadow . W.O.) Council is asked to review the resolutions that follow and consider adoption. Adoption of the proposed resolutions is a required step in the public improvement process and paves the way for the special assessment hearings which, according to the resolutions, are scheduled for November 13. Motion to adopt the resolutions as submitted. Motion to deny adoption of the resolutions. (_ ATILFR RIZ[!O NnATfoN: The information on project cost is soon to be available; therefore, City staff' recommends that the assessment Manage be scheduled. Scheduling the aeeesement hearing at this time will enable the assessments to be placed on the tax rolls for teles payable in 1998. Copy of the proposed resolutions. RESOLUTION 95 - RESOLUTION CALLING FOR A PUBLIC HEARING ON ADOPTION OF PROPOSED ASSESSNENP ROLL FOR MAPIEWOOD CIRCLE STORM WATER PROJECT PROJECT 96-090 WHEREAS, the improvement prcject for the construction of a storm water outlet serving the Maplewood Circle area was ordered by the Council on August 14,1895; and WHEREAS, the improvement preject has been completed; and WHEREAS, the City Administrator has been notified to prepare a proposed assessment roll for benefiting property owners of this improvement NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: The hearing &hall be held an the 13th day of November, 1995, in the city hall at 7 pm. to pass upon such proposed assessment, and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such naseeament. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the meeting, and he shall state in the notice the total cost of the improvement. He also shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. The owner of any property so assessed may. at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property. with interest accrued to the date of the payment, except that no interest shall be charged U the entire assessment is paid within 30 days ttom the adoption of the assessment roll. A property owner may at any time thereafter pay to the City of Monticello the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council this 13th day of November, 1898. Mayor City Administrator 5sk RESOLUTION 95 - RESOLUTION CALLING FOR A PUBLIC HEARING ON ADOPTION OF PROPOSED ASSESSNWW ROLL FOR THE SOUTHWEST AREA UTILITY EXTENSION PROTECT 95-01C WHEREAS, the improvement project for the construction of sanitary sewer and water main extension fkem Sandberg Road to Gould Brothers Chevrolet and D & D Bus Company was ordered by the Council on April 10,1995; and WHEREAS, the improvement project has been completed; and WHEREAS, the City Administrator has been notified to prepare a proposed assessment roll for benefiting property owners of this improvement NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA The hearing shall be held on the 13th day of November, 1995, in the city hall at 7 pmL to pass upon such proposed assessment, and at such time and place all persona owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the meeting, and he shall state in the notice the total cost of the improvement. He also ahall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of the payment, except that no interest shall be charged if the entire assessment 1s paid within 30 days from the adoption of the assessment roll. A propeM owner may at any time thereafter pay to the City of Monticello the entire amount of" assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council dile 13th day of November, 1995. Mayor City Administrator '5615 RESOLUTION 98 - RESOLUTION CALLING FOR A PUBLIC HEARING ON ADOPTION OF PROPOSED ASSESSMENT ROLL FOR MEADOW OAK STORM WATER OUTLET AND GELI ARD AVENUE RECONSTRUCTION PROJECT PROJECT 199-18C VIHEREAS, the improvement prgject for the construction of an outlet from Meadow Oak pond to the Mississippi River along with reconstruction of Gillard Avenue was ordered by the Council on April 10, 1995; and WHEREAS, the improvement project has been completed; and WHEREAS, the City Administrator has been notified to prepare a proposed assessment roll for benefiting property owners of this improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, NUNMSOTA: The hearing shall be held an the 13th day of November, 1995, in the city hall at 7 p.m. to pass upon ouch proposed assessment, and at such time and place all persona owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the meeting, and he shall state in the notice the total cost of the improvement He also shall cause mulled notice to be given to the owner of each parcel dAscribed in the assessment roll not leas than two weeks prior to the hearings. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of the payment, except that no interest shell be charged if the entire assessment is paid within 30 days from the adoption of the assessment roll. A property owner may at any time thereafter pay to the City of Monticello the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council this 13th day of November, 1895. City Administrator Shu Council Agenda - 10/9/96 $C. Congddaratinn afadpntinirsk Centmi Minnegnta InitiativeFund' (OX-) The City Council is being asked to consider the adoption of a Sponsoring Unit of Government Resolution on behalf of Vector Tool & Manufacturing, Inc. (VTM). This resolution is a normal procedure of the final application process for the Central Minnesota Initiative Fund (CMIF). The CMIF is a private non-profit rural development corporation committed to providing financial assistance to programa which promote and strengthen Central Minnesota. The fund is supported by the McKnight Foundation and the Minnesota Challenge Grant Program, and provides financial assistance to businesses located in the counties of Benton, Cass, Chisago, Crow Wing, Isanti, Kanabec, Mille Lacs, Morrison, Pine, Sherburne, Stearns, Todd, Wadena, and Wright. The approved CMIF dollar amount for VTM is $60,000. This amount, plus the approved $50,000 Greater Monticello Enterprise Fund (GMEF) loan, the approved HRA land write-down, and the committed Firstar Bank loan, will finance the real estate portion of the project. The CMIF loan terms were approved at an 8.0% fixed interest rate amortized over 16 years, ballooned in seven years. The VTM project has an estimated market value of $320,000 and creates 32 jobs over two years. Adoption of this resolution will satisfy the requirements of the 1987 Rural and Economic Development Act, and it will affirm that the City of Monticello has received a resolution request on behalf of VTM, that the resolution is consistent with the local economic development purpose, and that the Council supports the VTM project as submitted to the CMIF Board. The City of Monticello is not liable for the CMIF. After discussion of the project, the Council is asked to consider adoption of the CMIF Sponsoring Unit of Government Resolution on behalf of VTM. Council Agenda - 10/9/95 Motion to adopt the Central Minnesota Initiative Fund Sponsoring Unit of Government Resolution on behalf of Vector Tool & Manufaeturing, Inc. 2. Motion to deny adoption of the said resolution. 3. Motion to table the Agenda iter. Staff recommends alternative g1. Staff views the VTM project as an asset to the City of Monticello and to be consistent with the local economic development purpose. This resolution was not reoeived in time for the September 26,1995, City Council agenda. Copy of the resolution for adoption. RESOLUTION 95 - SPONSORING UNIT OF GOVERNM>M RESOLUTION WHEREAS, pursuant to the provisions and requirements of the 1987 Rural and Economic Development Act, the local governing unit is required to issue a Sponsoring Resolution on behalf of businesses requesting financing through the Central Minnesota Initiative Fund's partnership with the State of Minnesota's Challenge Grant Program, and WHEREAS, this body has received a request to issue a resolution on behalf of James C. Harwood and Bradley D. Barger, dba Vector Tool & Manufacturing, Inc., and WHEREAS, it is consistent with the purpose of this local governing unit to encourage employment, enhaaoe the tax base, and create more opportunity for its residents. NOW, THEREFORE, BE IT RESOLVED that this local governing unit supports the prgject submitted by James C. Harwood and Bradley D. Barger, dba Vector Tool do Manufacturing, Inc., to the Central Minnesota Initiative Fund's pPrtnerehip with the State of Minnesota's Challenge Grant Program. Minutes of the meeting of this local governing unit adopting this resolution are attached hereto and made a part hereof. Adopted this 9th day of October, 19M. Mayor City Administrator Witness 0 R' Council Agenda - 10/9/95 Consideration o Commerce Cent FAA11M W.O.> Monticello Industrial Park, Inc., requests City Council approval of the preliminary plat of the Monticello Commerce Center 3rd Addition. The plat gists of two industrial Iota separated by the future extension of Dundas Road. Both lots &oat Fallon Avenue to the east. The entire platted area amounts to 7.47 aces. Lot 1, north of Fallon Avenue, consists of 4.6 awes, and Lot 2 consists of 2 aces. Each lot meets the minimum requirements of the ordinance in terms of lot size, depth, and width. Both lots are served with sewer and water service that is located in the Fallon Avenue right-of- way. Storm water drainage from the site is intended to flow easterly to land currently owned by Monticello Industrial Park, Inc. As part of the platting process, the City will be obtaining storm water easement areae in an area east of the plat. Acquiring the ponding easement areas is necessary to assure the City that adequate ponding area will be available in the ffiture. The preliminary plat is very simple and straight forward. There do not appear to be any planning or significant utility issues relating to the site. B_ ALTERNATIVE ACTIONR; Motion to approve the preliminary plat of Monticello Commerce Center 3rd Addition subject to the following conditions. This is the alternative recommended by the Planning Commission. A 12 -ft drainage and utility easement must be provided around the perimeter of each lot and placed on the final plat. An S� additional 12-R easement located along the outsi�� easterly boundary of the plat, along with a 12 R easement along the property line separating the Monticello Industrial Paris, Inc., property from the School District and the City, shall also be provided to the City. Requirements for preliminary utility plan are waived. Preliminary plane addressing design of Dundas Road will be required and completed in oonjunction with the development of Fallon Avenue, which is set to occur in the spring of 1996. Motion to deny the preliminary plat of Monticello Commerce Center 3rd Addition. Council Agenda - 10/9M This alternative should be selected if it is found that an aspect of the plat does not meet code requirements. �_ E3TAFF BECO�NDATION: Staff and Planning Commission recommend alternative #1. The plat is relatively simple and straight foward. The lot sires and dimenmno are consistent with both city ordinances and with the zoning district boundaries. The developer is also providing off-site ponding areas for storm water originating from the site and is thus working with the City toward development of the comprehensive storm sewer system that must be developed over time to serve this general area. Copy of preliminary plat Council Agenda - 10/8/95 9AM W.S. ) With the completion of the amendments to the Facilities Plan and the EAW, the City is ready to move on with the design phase of our wastewater treatment plan expansion utilizing the sequencing batch reactor technology. HDR has presented staff with an outline of the past 200 services which incorporate work through the design phase up to, but not including, the bidding process. During the negotiations for the scope of services, City staff has placed additional requirements on HDR that the sequencing batch reactor be so designed as to handle the fluctuating flows and load that the City receives at the plant, without extraordinary operator attention, unless there is a severe shock load or spill, etc. This will require preparation of a technical design memorandum outlining the flows and loads to the plant. Consequently, we are doing some additional iudkptti u "to outline the parameters to be used in the design and scope of services. HDR proposed to do the work based upon an estimated number of hours utilizing a multiplier to the individual labor costs and adding direct expenses such as travel, printing cost, telephone, etc. They also included an overrun in costs in preparing the amendments to the Facilities Plan. Their estimated costs range from 8.55% to 9.01% of the construction cost. This did not include about $15,000 in printing cost. In looking at their original proposal to the City Council, they indicated design engineering fees in the range of 6% to 8% of construction costa and bidding, inspection, construction engineering, and as-builts to be an additional 6% to 8%. Consequently, we asked them to cap their design fees, including all expenses, and to conform to their original proposal of a maximum of 8 parcent. Consequently, the proposal before you would be to do the work on a lump sum basis, not to exceed 8% of the construction costs. B_ i. .RNAT ACTION& The first alternative is to approve the proposal fbr a scope of services for the leek 200, which is the design engineering, based upon a lump sum of $683,920 but not to exceed 8% of the actual construction oost, which is estimated at $8,569,000. c u yl Council Agenda - 1019196 The second alternative would be to approve the proposal as dratted but suggest an alternate fee structure, either near the original 8.65% to 9.01% requested or in the mid-range of the 6% to 8% fee range, in their original proposal. This may give us additional protection so total fees do not exceed the budget. The third alternative would be to select another engineer such as BEH to obtain a design cost proposal. At this point, this would probably not be in our beat interest and should only be a last resort effort if we can't come to some type of agreement with HDR (!_ t3TILFF RR(!O .NifATI�N: It is the recommendation of the City Administrator and Public works Director that the Council approve the proposal for task 200 scope of services as outlined in alternative #I, with a cap of 8% of the actual construction cost. This proposal recognises the complexity of adding onto the existing plant while building a new tlarality with totally new technology; and while not giving HDR the total dollar amount they originally naked for, it is certainly the upper end of their original proposal to us for the prWect. Copy of proposed scope of services and poste Brom HDR 10-08-1995 11:01 8125915413 FDR ENDINEERINO. INC EICMPf B SCOPE OF SERVICES TASK 200 Of Agtrxment dated Jame 26. 1995 Between City of Motmfallo, Mitmesom and FIDR Engittetxiag, Im. for noftsolm al EngW=tng Services for the Wastewater Traosurgm Km Bxpamion Project October 9, 1995 TSE CITY OF MONTIC 0W, MN A Bradley Fyne Title: Maar Date: By: Rick wol6oeller Title: _ City Admi=aK Date: FIDR Rogboe g, Im. By: Chula N. Ooldafta P.B. Title: _ �;ff Due: P. 02108 0 10-06-1995 111:01 6125915413 KA ENO I NEER I NO. I NC P.03i08 EXHIBIT B SCOPE OF SERVICES TAM 200 Based upon the OWNER approved Sndy and Report, completed as Task Series 100 of the Agreaneat, the ENGINEER shall. in accordanee with Agreement Section 1.3. Design Task Serio 200. prepare for approval by the OWNER Contract Doct>mm consisang of drawings and specifications setting forth the requirentents for construction of the PROJECT. The proposed PROJECT L.,.., , as documented in the Task 100. Facility Plan Update are to provide a three (3) tank Sequreadng Batch Reactor nesttment facility. Sludge treamteat will consist of the addition of a heat pasteurization process pre edWg the existing aaerobic digesters to meet the Class A biosolids requirements of the EPA 503 regulations. The Proposed L-,.... are briefly summarized under Item B-1 herein. Detailed description of the recommended design is identified in the corresponding Technical Memotandurn (I7►'f) in Task 100. Item B-2 provides the periods of service for Task 200. Item B-3 provides the Basis and Amount of Compensation for Task 200, based upon the Scope of Services and the periods of service id Wed in this Exhibit B and in accordance with the Agreement. 1. Site Wnrk/Gerxml Plant site work. irwludirtg the addition of storm sewer and a atormwater demation pond for the existing and new plant site dmribed in the Task 1. Technical Mica andum No. 4. and the addition of access rads. parking Ion and loading areas around the new and existing buildings. 2. Modifications to the existing facilities will be required. Field verUlcation of the existing structures will be completed by the ENGINEER with assistance by the OWNER. AU modifications to existing structures shall be identified on the existing OWNER'S drawings. 3. Raw Wastewater Pimm -%flonffieadworks Ruildhm Md Nos 2 and 31 Theme (3) new raw submersible pumps will be provided in the existing raw wastewater dry well. One (1) sew 12' forccmain will be provided to the new Headworks Building. oo,mr r.e�raorouwonrwsrorcart nae 2�� 10-06-1995 1102 6125915413 HDR ENO I NEER I NO. I NC P.04i08 Piping accommodations including stubs will be provided for a second 12' foramain to be installed at a later date. The new Headworks Build will be a two level saucnrre, approximately 2000 sf to accommodate new screenings and grit removal equipment. The equipment will be sized to that a peals instantaneous flow of 6.5 MOD. The building layout will be deaigned to accommodate: future expattsiom. 77-�.. as., .. Tara (3) sequencing batch reactor (SBR)Um is will be designed to accommodate the flows and loadings described in Task 1. Technical Memorandum No. 4. A Design Memorandum will be completed to further define the hourly. daily, weekly, monthly and seasonal variations in flows and load pattems into the wastewater Mm= futility that have occurred in tae past and for the timate design period. The goal of the operation of the SBR system, with ,ramous, shall not require additional operation attention beyond the 8 hour per day. 3 days per week normal opattrlom. This Design Memomidum will f tuber define the conditions ldemtifie d in TM No. 4. All amplimg and analytical analysis will be eompkud by the OWNER and wbmimed to the ENGINUM Each to= will be designed so that one reactor can be takes out of service and dewataed with eloped floor& and drams. The use of the ex}ming chlorination equipment will remain. Improvements to the dahlorimfim system will mchde the design of a bulk storm tank and mewing pumps for sodium bisuifitt. The existing primary and imeri>xdiate clarifier& will be modified to be detention tanks for the chlorination process. a,. nTi:flTuj Odor control h6lities will be provide for Zona A. B and C as described in Task 1, Technical Memorandum No.7. The use of wet acrubbas ,orlon adwrpd m and/or bbfilten will be Anther studied in a Design Memorandum based on field data acquired by the OWNER. An approximate 1500 d addition will be provided to the exWimg digester building to accommodate the new heat pastattrUstiom equipro m to meet the Class A USEPA 503 regulatlom. Renovations to the exlulmg anaerobic egWpm= include the replacement of tae exbft primary digester cover, gas hatdllrtg equipmem ger scrubber, boiler and reAl thing the existing sludge garage tank cover. tterrs: r b�nI01�OtI1100I1rwH11000MT.tIOc �v 10-06-1995 11:03 6125915413 hOP ENGINEERING.INC P.OSi06 The existing final darifim (2) will be modified to be sludge thickeners and the (2) existing aeration tanks will be modified to become shWge holding tanks. Fath of these basing will be designed with FRP covers. . - U ;... -MM-M-MITIMIN A Design Memorandum will be completed for the sizing of the standby generator based on the anticipated load facmn and the configuration of the standby power system. Technical Memoranda Nos. 9 and 10 from Task 1 Facility Plan Update will be used as the basis of derebping the design documents. ;;; ,.r..;.., ", ss., C. Tle new Administration Building, approximately 3000 sf, will inchtde provisions for the following: • Male and female restroomg (handicap accessible) • Control roan with central camtr A panel and operators' wank station • Mm (3) ofRaa for pbam personnel. One (1) cora ence toomthmchroom • One(1) electrical and (1) —ham -1 room. • Laboratory space to mea the atolytical testing requinemmm. 10. Draydair Formal D mwinga shall follow HDR Drafting Standards. Dhsfting shall be completed in a AuroCadd format. Drawing airs shall be 30' x 42' or as required by the Minnesota Pollution Control Agerry. 11. Specifications will be prepared in coufonmanoe with the fixTRen division format of the Coition Specifications Institute and based on ENGINEER'S standard specifications and General Conditions. Prepare for review and approval of the OWNER, its legal counsel and other advisors. coaract agreement forma. general and arpphxmeamry conditions of the construction contract, proposal form. imitations to bid and instructions to bidden. E M 0 I T I The ENGINEER shall provide techWol Criteria. written descriptions. cover Ic♦lets and design data for OWNER'S we in filing applications for permit; (NPDESS. EAW) with or oo.... rro�rRorai�mraro;ean.00e 7D 10--06-1995 11:03 6125915413 HDR ENO I NEER I NO. I NC P.06/08 obtaining approvals of ---J authorities that have jurisdiction to approve the design of the PROJECT and assist OWNER in consultations with appropriate authorities. . MI The ENGINEER shall advise the OWNER of any adjustmenta (t 5%) to the latest Opinion of Probable CmW>uction Costs, identified is Tut 1. caused by changes in general scope, extent or character or design ., ,..., of the PROJECT or Construction. Costs. Furnish to the OWNER a revised Opinion of Probable Coon Costs based on the Drawings and Specifications at the corripletion of Task 200. Task 200 - Pfau and.Vedframimu. The documents shall be submitted to the OWNER at the 25 pestxat . 50 percent and 100 percent completion level for review. The OWNER may attend ENGINEER'S Progress Matzags on a cwiceftonth basis at the ENGINEER'S office. The ENGUMM shall mea with the OWNER ten Site to review the progress of the doonmem on a monthly basis. The OWNER &ball provide comments to the ENGINEER within 5 days of receipt. 2. Period of Service for completion shall be cram Octobrs 10, 1995 to March 1. 1996. The Project schedule attached is made part of this agreement [teen H -a• ah eeA eerivnH of � ��. Task Series 200 - Plane and 81peVexions Design. Compensation shall be on the bast of Lump Sum. The amount shall be the Lump Slam of six hundred eighty three thousand nine hundred twenty dollars ($683.920.00) based on eight percent (8%) of the estimated Construction costs Som Task 100 of $8,549.000. This fee shall be monted w 8% of the actual construction costs at the time bids are received. payments to ENGINEER shall be made once every month by OWNER. ENGINEER'S invoices will be submitted am every month and will be based upon total Services completed at the time of invoices. The OWNER shall pay for the ENGINEER'S services in accordance with the following schedule: October. 1995 20% November, 1995 20% December, 1995 25% January. 1996 20% February. 1996 15% Compensation for Additional Services Shall be on the basis of Per Diem at Lump Sum to be agreed upon at the time of the request for Additional Services. An estimate of the fee for additional Services will be made at the time the Additional Services are requested. v AIPA0 II=%TMIU0 CW 000 /� e Task c00 WASTEWATER TREATMENT FACILITIES IMPROVEMENTS MONTICELLO, MN to Task Ham. p 1 16 1 23 1 30 1 6 1 u 1 20 1 27 1 4 1 r1 1 16 1 !s f 1 Tut 2.0 Cornwlon Docloa�ab I ! 2W NoewToP.ocMd 1DnD ! 201 MPCAffmc-I q PW YMUnp ! IOfl! 6 IN !07 FD VaMkaftn 12112 6 210 Des" Yamorwic%an (DM) , / !11 ON 0110.4 • am 7 A. CtOA^N tW Dafa am 6 B IDRIDompYb DAI 10231 114 1123 11113 10 217 ON 100.7 Odor CoMN 11 A IORkowo" DY 0116 17 B. Cly my w /ORO IOR6 13 !1! ON No. 10 • EYdrlctlf6bME7 Gemmim 16 A MDRJCMV NIN IIH6 lun ry I r cap wviw - -----� 121!7 16 UWn$ 06dpn Do"xwft (DD) , 17 .. A 6le P1aNA+olrtw wofk4; _ 10H7 7- 16 B CMlOulpn 10N6 12116 U C Ard�0qun1 Dnlpn _— �— Id16 Prood ~P • YarIcMD, 6M 08b lar64! TW &mwy Prapw ROMA 1p TW — U10110 a Robed w Mansions O Popp I Task X00 WASTEWATER TREATMENT FACILITIES IMPROVEMENTS MONTICELLO, MN October l M- 1 December ID task Name _ _ . 9 1 16 1 n 1 3 l 6 1 13 1 20 1 27 1 . 1 11 16 is 1 20 D Suuawal Design /fit tt E- tserlunirjl Design 1ant 12 F F"cens Design +int tt G ImumenWlon Dufpa is M EbChal Design t6 t60Rt/City 16"U cgs ri A. 36% Review prWlp 17 0. W %RnAw UNUng t0 MPG MeetYp tt C.. 16% Review YsMMq 70 D.. IN%Reto NNW@ 71 MPG VAG** 77 F_ PvMlc Now" 337 260 Consttictim Cast 8atinsb tt to Gushy ConMW RevMo 16 7t01t13 004U CA MMM 76 _ A t AM" CO 00 to MPG Tek pmol V1M11P • Mwdxmo. MN Diu 1015m oMP— ,tbR°'e — 11A 10Ht itis. 1118 11170 I V30 Im 1rn� /.Rt January I Is za 1 tg Its Its 113 10 Its o, n, in N 4 W L.." Railed UP Prom Root up Tam - ♦ Raw w Mbatm e O Peet - Council Agenda - 10/9/95 . (RW., J.S.) At the previous meeting, the Council was advised that the City had received its appraisal on the 6 -acre Kruse property that is directly east of our wastewater treatment plant site. The appraisal indicated the value of the property should be about $303,000; and as you may recall, Mr. Kruse felt the value was closer to $600,000 in his opinion. It has been the staffs opinion that even with the Council's decision to build an SBR plant, which may require less land to build on, it would still be in the City's best interest in the long run to acquire more property and move the SBR tanks and headworks to higher ground to the east. This would provide a better hydraulic profile, adequate room for construction, and room for easy expansion in the future. Based on this assumption, Public Works Director John Simola and myself have met a few times with Mr. Kruse over the past two weeks to we if we could come to an agreement on a price for acquiring his land that we could present to the Council in one last attempt to purchase the land before we start designing our new treatment facility. If there is any desire to acquire additional land adjaoent to our existing property, that derision needs to be made very soon in that the design and location of the SBR tanks would likely change depending on the amount of land we own. Using the $303,000 appraisal as a starting point, Mr. Kruse indicated a willingness to sell the property but not at this price, as he still felt his property should be worth more based on recent sales of property to the Hospital District.. Recognizing that the City may be able to save some possible construction cost when building our new plant by not having to construct sheet piling because the SBR teaks would be close to the property line and/or would not be required to obtain a temporary construction easement from Mr. Kruse and may be able to avoid construction of a screening fence or sound barrier by having additional property surrounding the SBR tanks, these costa could exceed $100,000 to $150,000 additional over the engineer's estimate. Taking this all into consideration, we could be spending $100,000 to $180,000 more by not having the adjacent property, so adding this additional coat to the appraised value of $300,000 did not seem unreasonable to us. In effect, there may be logic to attempting to negotiate a price of around $460,000, which would actually be purchasing the property for $300,000 as appraised plus the additional coat we would be spending anyway if we didn't own the land. At least at this amount, the City would have an additional 6 acres to expand on that could accommodate future growth of the city for 3080 years; whereas without the property, we are still likely to spend $100,000 to $180,000 and not have any additional land. Council Agenda - 10/8/95 In discussing the benefits of having additional land with our engineer, we would anticipate locating the three SBR tanks on higher ground on the Kruse property, which would give us space on the land we now own to expand in the future without requiring us to pump sewage to a higher elevation later on. During the three days of discussions with Mr. Kruse, we tried to emphasize that a $450,000 price seemed like a very fair compromise that the staff could support in that it was half -way between our appraisal and his opinion of the value; and in addition, it could be arrived at from our standpoint by realizing that we will be spending additional funds to construct the plant on a smaller site if we don't have his property. We informed Mr. Kruse that we would be recommending that the City Council seriously consider acquiring this property at this amount, as it was and is the staffs opinion that it would be in the bcaLjnt=Aafth&A&=uujjtS in the long run to own his property. Because Mr. Kruse was hesitant to agree to any cash offer without having the opportunity to obtain his own appraisal first, we opened up the possibility of trading land owned by the City for his parcel or at least as a partial payment to acquire his land. We noted that the City had the 68 -acre Remmele property on south Highway 25 that could possibly be used to offset an outright purchase. A land swap could turn out to be a win/win situation for both parties in that the City would not have to come up with the entire amount in cash, and Mr. Kruse would be able to defer some of his capital gains until he sold the Remmele land in the future. After investigating this idea for a day, Mr. Kruse felt the City's property would be worth $140,000 to $180,000 and that he would be agreeable to accepting the appraised value of $303,000 in cash provided he was also given the 68 -acre Remmele land. In his opinion, the value would be equivalent to $440,000 to $480,000 for his property. Without a land swap being part of the deal, Mr. Kruse felt he would need to get his own appraisal before he would be able to indicate how much cash he would accept on an outright purchase. This basically brings you up to date in our discussions with Mr. Kruse. From our standpoint, we think it is a necessity to acquire this property. This is the third time the City has dealt with wastewater treatment plant land acquisition, and the City may have possibly made unwise decisions in the past by not acquiring additional land when it was available or when it was necessary. When the last expansion took place in 1980, the City tried to acquire the Lindberg property so that the plant could be spread out more. The Idndbergs were not interested in selling at that time, and the City did not want to pursue acquisition through condemnation. You know the result -- the City built the present plant an the existing postage -stamp alto that required over 60 pumps to move the wastewater around the f willty. The Council Agenda • 10/9/95 engineer at that time indicated that because the plant was built on such a small site, the plant would be, in effect, abandoned after 20 years. Atter the construction process had begun, the Lindbergs changed their mind and decided to sell the property to the City at a fair price. Since the construction was already started, it was too late to spread out the facility, and this is the property we're now looking at expanding onto. Had we had more room to begin with, it's very likely we would not be faced with the need to expand our plant this soon. Although some upgrades may have been necessary, we may have been able to add on to the existing facility a lot easier than what we're doing now, which is abandoning the existing facility and building an entirely new plant. The second opportunity for acquiring land was when the City had considered purchasing the existing Tyler East development. Before the residential development occurred, the land was available to be purchased for approximately $180,000•, and it would have been usable as a treatment plant site and also a sludge application site. Because the funding was not available through the PCA and EPA grant program, the City decided not to use its own money for this purpose and stayed at the existing site to expand the plant. Hindsight says that both of these decisions were possibly wrong, and the staff feels we're at the same crossroad again with the Kruse property. If we don't decide in the next two weeks to either purchase or condemn the Kruse property, the plant will be designed to St on the property we currently own, and well know in 10,30 years whether or not we made the right decision. Where we're basically at at this point is whether the Council agrees that the property should be acquired; and if so, how do we determine the right value. The only alternative that Mr. Kruse has indicated a willingness to accept is cash in the amount of $303,000 plus the 88 -acre Remmele property. If the Council is not interested in trading the Remmele property, the only other alternative seems to be that condemnation should be considered and let the Court decide the value. R- LTRRNATMR ACTIONS: Ofor to purchase the property for the appraised value of $303,000 in cash plus the 68 -acre Remmele property. • NOTE: Unable to find actual dollar amount in records. Council Agenda - 10/9/85 Mr. Kruse indicates a willingness to accept this proposal, which he values at an equivalent purchase price of between $440,000 and $480,000. It is the staffs opinion that this acquisition would have an equivalent value of between $450,000 and $500,000, assuming the Remmele property is worth between $150,000 and $200,000. Acquire the property through condemnation. It is assumed that the cost for acquisition will be somewhere between our appraised value of $303,000 and Mr. Kruse's valuation of $600,000. This alternative basically allows the Court system to determine the true value of the property and recognizes that it's in the beat interest of the City to acquire the property for fixture needs. Offer to purchase the property outright for cash at $450,000 or ? At this time, Mr. Kruse has not indicated a willingness to sell at this price without obtaining his own appraisal first. Unfortunately, if the City is going to proceed with acquisition of this property, I don't think we have time to get additional appraisals and negotiate a further cash price. Do not acquire the property. As noted earlier, it's the opinion of the Public Works Director and myself that it is necessary and is in the best interest of the community to acquire this property at this time, as it would allow us to create a more efficient design at the facility today that would allow fixture expansions to take place more easily. In all likelihood, acquisition of this property today could ensure that the wastewater treatment plant will be in this location for 30.80 year's. If the Council's not willing to consider trading the Remmele property as part of this acquisition, We recommended that we simply acquire the property through condemnation and let the Court system determine the value. Under this alternative, the City Council would be doing what seems to be the best fbr the community in the long run, and the Court system will determine the value. tc� SUPP©RTINCI MAMMA. None. J COUNCIL UPDATE October S. 1998 r..nmmnniU Arena (J.0.) The following is an update on the progress made by staff on research requested by the City Council along with a proposed press release for the Montia±RaXU es outlining the status of City involvement in the matter. The need for the press release stems from a recent article that, by the headline, indicated that the City has agreed to join efforts with the School District. As you know, the decision to join the effort was tabled pending additional information on usage and pending development of an agreement with the School District. Subsequent to the previous meeting, staff has collected operations budgets from various arenas and obtained a feasibility study done by the City of Hecker. This information is availabe to anyone that would like to study it. Shelly Johnson was out of the office last week, and development of a draft agreement with the School District has not been prepared at this time. Please let me know if you would like to modify the information below or withhold its release. PRESS RELEASE The City of Monticello is currently completing research on the feasibility of operating an ice arena facility that is funded and constructed by the School District. No decision on this matter has been made at this time. Future consideration will occur upon completion of additional research and upon completion of an agreement with the School District governing the funding, maintenance, and use of the facility. The goal of the research is to determine if revenue from the sale of ice time will equal or exceed the cost of operating the arena. Following are some of the issues that the agreement will need to address. What portion of available ice time hours will be used by the School District i educational and sports programs and what rate will the School District pay? This information is needed to complete the operations budget. I% How will maintenance of grounds and joint parking areas be handled? Who owns the land and the facility atter the debt is retired? • In what ways is flexibility of use of the facility limited by being located on School District property? It is expected that the research and a proposed agreement should be ready in time for the City Council meeting scheduled for October 23, 1995.