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City Council Agenda Packet 04-22-2002AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, April 22, 2002 - 7 p.m. Mayor: Roger Belsaas Council Members: Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen 1. Call to Order and Pledge of Allegiance. 2. Approve minutes of April 8, 2002 regular council meeting. 3. C nsiderat'on of adding items to the agenda. fajz-c� 0 f � 0/ 11 A O"A 0 ' P tm 4. Citizen comments/petitions, re uest and complaints. 5. Consent agenda. A. Consideration of ratifying new hires for community center, city hall and public works. B. Consideration of a request for a conditional use permit for concept stage development allowing residential uses on the first floor in the CCD District. Applicant: Hans Hagen Homes. C. Consideration to approve entering into the contract for private development between Hans Hagen Homes, the City and the HRA. D. Consideration of accepting final plat and development agreement for the Vine Street Townhome Project. E. Consideration to approve amendment to the contract for private development between Front Porch, the City and the HRA. F. Consideration of rezoning the Groveland I1 subdivision from A -O to R-1 designation. G. Consideration of approval of contract with Hoglund Transportation for Heartland Express Bus Service for year 2002. 6. Consideration of items removed from the consent agenda for discussion. 7. Public Hearing - Consideration of resolution adopting assessment roll for delinquent utilities. 8. Public Hearing - Consideration of improvements to CSAR 75 from Washington Street to Otter Creek, Project No. 2000-16C 9. Consideration of award of bids for sanitary sewer rehabilitation project part of Project No. 2000-16C. Agenda Monticello City Council April 22, 2002 Page Two 10. Consideration of modification to Title 5, Chapter 4 of the City Ordinance, Open Gevk 5�-�- Burning. 11. Discuss concepts for assisting with re -use of St. Henry's Church property. 12. Consideration request for a simple subdivision creating two substandard lots from one parcel. Applicant: Church of St. Henry. 1Ar 3. Consideration of resolution for modification of City's state aid system. C-�^ S 9'" 14. Approve payment of bills for April. 15. Adjourn MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, April 8, 2002 - 7 p.m. Members Present: Roger Belsaas, Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen Members Absent: None 1. Call to Order and Pledge of Allegiance. Mayor Belsaas called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2. Approve minutes of March 25, 2002 regular Council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE MARCH 25, 2002 COUNCIL MEETING WITH A CORRECTION ON PAGE FOUR SPECIFYING THAT THE INDIVIDUAL WAS RANDY RUFF NOT RON RUFF. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. City Administrator, Rick Wolfsteller, asked that the Council select a date for a closed meeting to discuss MOAA litigation. The Council determined to meet in a closed session on April 22, 2002 at 6 p.m. Clint Herbst asked that the pavers on Walnut Street be added to the agenda. Roger Belsaas added a discussion of garbage/recycling pickup and Brian Stumpf added parking on Locust Street. 4. Citizens comments/petitions. requests and complaints. None. Adam Hawkinson, the new Parks Superintendent was introduced to the Council. Milton Olson stated that he had talked to city staff and had received assurances that Marvin Road would remain open and he hoped he would be kept informed on future activities affecting Marvin Road. 1 Council Minutes - 4/8/02 5. Consent Acenda. A. Consideration of ratifying new hires for the Community Center. Recommendation: Ratify the hiring of the new employees for the Community Center as identified. B. Consideration of approving concept stage, development stage planned unit development; and consideration of approval of a conditional use permit allowing an auto body facility and associated storage. Applicant: Progressive Development and Construction Company/Shawn Weinand. Recommendation: Move to approve concept stage, development stage planned unit development; and consideration of approval of a conditional use permit allowing an auto body facility and associated storage. C. Consideration of granting a license to LSW Properties allowing private use of the Marvin Road right-of-way. Recommendation: Approve granting a license allowing private use of the Marvin Road right-of-way as identified on the site plan dated 2/21/02 contingent upon City Attorney review and approval of license document. D. Consideration of approving a one day charitable gambling license for the Monticello Country Club. Recommendation: Adopt a resolution authorizing the State Gambling Control Board to issue a one day gambling license for May 18, 2002 at the Monticello Country Club. Res. #2002-13. E. Consideration of "reestablishing" precinct boundaries following state redistricting. Recommendation: Adopt a resolution confirming the existing precinct boundaries for the City of Monticello. Res. #2002-15. F. Consideration of authorizing purchase of wine rack shelving for liquor store expansion. Recommendation: Authorize the purchase of thirteen 4' wine rack displays in the amount of $5,850. G. Consideration of a request for a conditional use permit for development stage planned unit development and preliminary plat approval allowing commercial condominiums in the I-1 A Zoning District. Applicant: Allied Properties & Management LLC Recommendation: Approve the planned unit development as submitted, subject to final review contingent upon staff review and approval of landscaping plan, lighting plan, grading and drainage plan and other engineering comments. H. Consideration of authorizing City Engineer to conduct feasibility study on extension of utilities to the proposed Bruggeman Homes site. Recommendation: Move to authorize completion of utility extension feasibility study to support development of the Bruggeman Homes project contingent upon the developer providing a deposit in amount equal to the estimated cost to complete the study. 2 2 Council Minutes - 4/8/02 Consideration of special home occupation permit allowing a salon in the R-2 residential district. Applicant: David Gassler. Recommendation: Move to approve the special home occupation permit for 6117 Mill Run Road with the findings that the business is consistent with the character of the neighborhood and will not result in depreciation of adjacent properties contingent upon the following: 1. The business is operated in an appointment only manner to limit the number of vehicles parked at the residence at the same time. Parking to be in resident's driveivay only. 2. The applicant provides proper signage (identifying the name of the resident). 3. The hours of operation are limited to normal business hours such as weekdays.fr•om 8-5 and weekends 8-2. 4. Mandatory yearly revieiv by city staff. S. This to be a single chair operation only. J. Consideration of holding public hearing for CSAH 75 Improvements, Project No. 2000-16C. Recommendation: Move to order a public hearing for the CSAH 75 Improvements, Project No. 2000-16C for April 22, 2002 at the regular council meeting. Res. #2002-14. K. Consideration of accepting bids for sewer rehabilitation project (Part of Project No. 2000-16C, CSAR 75 Improvements). Recommendation: Recognize the bids and Lametti & Sons as the low bidder for repairing all three sewer lines for a total of $65,291 but to table award of the bid to Lametti & Sons until after the public hearing for the entire CSAH 75 Project which will be held on April 22, 2002. L. Consideration of approving Dundas Road property sale to Danner Trucking. Recommendation: Approve the establishment of $3.50/sq. ft. as the sale price amount for the 16,059 sq. ft. that is currently available for transfer to the Danners and future Cedar Street right-of-way at $2.60/sq. ft. estimated cost of $26,946 for a total sale price of $83,152. Mayor Belsaas clarified that action on item #5J was to include ordering and accepting feasibility report and design plans as well as setting a public hearing date for April 22, 2002 for the CSAH 75 improvements. Bruce Thielen asked that item 5K be removed from the consent agenda and be considered after the April 22, 2002 public hearing on the CSAH 75 improvements. Bruce Thielen asked that agenda item 49 be added to the consent agenda. CLINT HERBST MOVED TO APPROVE THE CONSENT AGENDA AS AMENDED. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. J 1404 Council Minutes - 4/8/02 6. Consideration of items removed from the consent agenda for discussion. None. 7. Consideration of supporting development of ice arena facility via contribution of land and reduction in Citv fees. Deputy City Administrator, Jeff O'Neill provided background information on the agenda item and introduced Al Gagnon, Project Manager of The Point Group that is involved in spearheading the establishment of an ice arena in this area. Al Gagnon explained who comprises The Point Group and their purpose and goals. He likened The Point Group to a one stop shop to get an ice arena designed, built and financed. In the past most ice arenas were municipally financed while now there are more often instances of public/private options and he cited various options used by other communities to build ice facilities. The City of Monticello was being asked to consider donation of land, being a conduit for financing, such as tax exempt bonds and to consider a reduction or waiving of development fees. Jody Vlackovitch from the group spoke on the up front fiend raising the group would have to do. The estimated cost for the proposed facility is in the $3,000,000 to $3,500,000 range. Of this $1,000,000 would be raised up front and long term notes would be used for the balance. Sale of ice time would be the primary revenue source and because ice time contracts are essential to the cash flow, the emphasis will be on getting the contracts for ice time in place. He noted that there is approximately 2000 hours of ice time that could be contracted out. Richard Miller from Wells Fargo addressed the financial implications for the City if the operation of the ice arena was not successful. Bruce Thielen stated his concern that if the City donates the land for an ice arena and the arena fails the land would end up in the hands of a private party. Richard Miller suggested that instead of donating the land the City might want to consider a longer tern lease with a minimal lease amount noting that this was what was done with the Minnetonka ice arena. He also pointed out that the City would not necessarily have liability for the debt since in most cases the financial institutions holding the notes would get the facility back. He added that the financial institutions look carefully at the risks involved and consider not only the cost of constructing a facility but the cost to operate it as well. He indicated that at this point the group is seeking a sense of approval from the City Council as to the concept but that there was not enough information available to make a determination on the financial feasibility. Clint Herbst asked about other sites the group had considered. Al Gagnon noted that there were two sites available in Becker and a possible site in Clearwater. In Monticello the two preferred sites were the 7`" Street site and the high school site. Al Gagnon pointed out various nuances of the two sites and stated that the facility would be sited where it was most viable. Bruce Thielen felt siting the arena in the Th Street area might provide the catalyst to get 7"' Street pushed through. Al Gagnon added that one of the positive aspects for the 7"' Street site was that there was adequate M 2 Council Minutes - 4/8/02 space to accommodate future expansion to two rinks. Chuck Freiberg presented some preliminary sketches of the 7"' Street site and how the facility could be laid out to allow for future expansion. Clint Herbst felt that while the ice arena would be a nice facility to have in the city he was concerned about any hidden costs to the city. While the Council did not see a problem with utilizing either of the two suggested sites or with the City donating or leasing the land, there was some concern about a reduction or waiving of city fees. Clint Herbst asked that when they come back to the Council with the project that the group presents two scenarios; one with the City providing the land only and one with the City providing the land and reducing the development fees. Al Gagnon stated that this point they don't know what the development fees will total. Deputy City Administrator, Jeff O'Neill, indicated that most of the trunk fees are based on acreage but he did not know the acreage involved for the 7" Street site. In discussion on reducing/waiving the development fees, it was felt that the City should have some kind of handle on the amount of the fees before the Council could make a determination on whether they could reduce or waive any portion of these fees. Roger Carlson felt that the higher quality the facility is the greater the likelihood the City would consider a reduction of fees. BRUCE THIELEN MOVED THAT THE CITY COUNCIL SUPPORT THE EFFORTS OF THE MONTICELLO YOUTH HOCKEY ASSOCIATION TO DEVELOP AN ICE ARENA WITH THE CITY PROVIDING THE LAND FOR THE 7"" STREET SITE WITH THE UNDERSTANDING THAT THE CITY COUNCIL AND CITY STAFF WILL WORK WITH THE GROUP ON THE NEGOTIATION OF DEVELOPMENT FEES. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Consideration of adoptino, amendments to the zoninLy Ordinance relating to single family residential lot and development standards. Applicant: Citv of Monticello. Steve Grittman, City Planner, made a presentation on the development standards for residential lots noting that the process of coming up with these standards has been going on since last fall. The development standards are a reflection of the City's attempt to encourage step up housing for the City. It was felt that the bulk of the housing being built in the City was entry level housing. In order to meet the goal of increasing the housing range, it was felt that new designations and revisions to the existing residential standards be made. It is proposed to have three zoning districts in place of the present R-1 District. The existing R-1 District would be modified with lot area and width being retained as it presently is but with changes in setbacks, house size, finished size, facade detail and roof pitch. The R-1 A designation would be for designated for areas with amenities such as water front or contain valuable natural features such as forests. R-lA district has a lot area of 16,000 sq. ft. and an average lot width of 90 feet. The house size in this district is 2,000 sq. ft. The R -2A district would allow the opportunity to construct small lot single family homes but keep certain standards as far as house size and design. The R-2 district would allow an increase in the single family density as trade off in other areas. Steve Grittman reviewed the standards for each district. Averaging of lot sizes and frontages would be allowed in the R-lA and R -2A districts. It was felt 5 2 Council Minutes - 4/8/02 that the averaging would allow for the retention of unique natural areas. Steve Grittman then focused on some of the concerns raised at the meetings held on the design standards. Building Size: In the revised R-1 district the house size was increased to 2,000 sq. ft. with 1,050 sq. ft. of finished space. In the R-1 A district the house size and finished space was 2,000 sq. ft. Steve Grittman noted that this change did not generate a lot response from builders/developers at the meeting. There was some discussion on homes that could meet the 1,050 sq. ft. of finished space but not 2,000 sq. ft. in size. There was also a question on what was meant by "usable space" in the 30' setback. Since under the proposed standards lot sizes could be averaged, it was questioned whether house sizes could also be averaged. Steve Grittman stated that would be difficult to control. Unlike lot sizes, where at the time of platting it can be determined whether the average of all lots meet the design standards, with building sizes that would be more difficult because you are dealing with a number of builders and the house sizes would not be known until the building permit application was received. Jeff O'Neill noted that the three car garage and facade requirements of the interim ordinance were sacrificed for the 2,000 sq. ft. house size. Another concern was when the new standards would be put into effect. The Planning Commission felt the standards should be effective at a set date and not upon publication of the standards because they felt this would give those transactions in progress a chance to be completed before the new standards were imposed. The Council discussed the effective date and Bruce Thielen noted that regardless of what implementation date was set there would still be the possibility that some transactions would be in progress. Steve Grittman felt that two weeks was adequate time to complete transactions in progress and apply for a building permit but it would not provide a large time frame for new transactions to be initiated. One suggestion was that new standards be effective upon publication of the standards and the interim moratorium standards be kept in place until May 1, 2002 for those homes in the process. A letter from Ocello was read regarding the proposed design standards. Mayor Belsaas felt that if problems persist even with the new design standards in place, the Council could always retheit issue. Clint Herbst stated that the lots impacted by unique circumstances such as the presence of power line could be considered separately with the Planning Commission considering a variance for those type of lots. Shawn Weinand of Ocello spoke on the design standards and the impact the adoption of these standards would have on the Groveland development, both the platted lots and those in the process of being platted. He indicated that the remaining 71 lots in the Groveland Addition are in the power line corridor. He questioned whether the new design standards would apply only to new plats or to all platted lots. He believed that applying the standards to already platted lots would be unfair. The Council although sympathetic to the concerns of the developers and builders felt that if lots could not meet the new standards because of unique circumstances such as a power line, then it should be a matter that is addressed by the variance process. It was asked whether applying the interim moratorium standards for those lot along the power line corridor would lessen the impact. Shawn Weinand felt that would be a good compromise. The Council discussed whether to set a time limit for the application of the interim moratorium standards or to allow a 6 2 Council Minutes - 4/8/02 permanent exemption from the new design standards for already platted lots. Steve Grittman and Fred Patch felt a cut off date should be set for interim moratorium design standards. ROGER CARLSON MOVED TO ADOPT THE DESIGN STANDARDS PROPOSED FOR THE R-1, R-1 A AND R -2A DISTRICTS EFFECTIVE UPON PUBLICATION AND ANY LOTS PLATTED AS OF APRIL 8, 2002 WOULD HAVE THE REQUIREMENTS OF THE INTERIM MORATORIUM APPLIED. BRUCE THIELEN SECONDED THE MOTION. In further discussion the length of time the interim ordinance would apply was discussed and the Council concurred in setting a time limit. ROGER CARLSON AMENDED HIS MOTION TO HAVE THE REQUIREMENT OF THE INTERIM MORATORIUM APPLY TO PLATTED LOTS UNTIL AUGUST 1, 2002. BRUCE THIELEN SECONDED THE AMENDED MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of order feasibility report, accenting feasibility report and authorizing preparation of plans and specifications for Groveland 3rd Addition, Proiect No. 2002-02C. Added to consent agenda. Added items: Trash pickup - Mayor Belsaas reported that he had received calls from residents that the garbage hauler was picking up the recycling material with the trash and then charging the property owner for an overage. The Public Works Director questioned whether the recycling items were in the recycling bins and questioned whether the hauler should be picking up any stuff for recycling that was not in the recycling bins. John Simola will check into it further. Mayor Belsaas suggested something in the next newsletter addressing the issue. Brian Stumpf stated he had discussed the issue of restricting parking on Locust Street with the City Engineer. Clint Herbst brought up the unfinished work with the pavers on the Walnut Street and the need to get the contractor back on the project to finish up the work. 10. Approve pavment of bills for April. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF BILLS FOR APRIL. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED. 7 Council Minutes - 4/8/02 11. Adjourn. BRUCE THIELEN MOVED TO ADJOURN AT 8:50 P.M. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary q'3 Council Agenda - 4/22/02 5A. Consideration of approving new hires and departures for the Community Center. (RW) A. REFERENCE ANIS BACKGROUND: The Council is asked to ratify the hiring of new employees that have occurred recently at the community center, city hall and public works. As you recall, it is recommended that the Council officially ratify the hiring of all new employees including part-time and seasonal workers. B. ALTERNATIVE ACTIONS: l . Ratify the hiring of the part-time employees for the community center, city hall and public works as identified on the attached list. C. SUPPORTING DATA: Lists of new part-time employees. NEW EMPLOYEES Name Title Department Hire Date Rebecca Young Receptionist City Hall 3/26/02 Daniel Jones W&S Collection Oper Water Dept 4/2/02 Patty Porosky Secy Asst Public Works 4/2/02 Tirzah Lemmens Lifeguard MCC 3/26/02 TERMINATING EMPLOYEES Name Reason Pam Dahlheimer end of season Ed Hindermann end of season Steve Langer end of season Trevor Link end of season Candi Merry end of season Jessica Miller end of season Doug Touhey end of season Dennis West end of season Sandy Suchy voluntary Andrew Whitney voluntary employee council list.xls: 04/12/2002 Class PT FT PT PT Department Last Day Class Parks 2/7/02 temp Parks 2/7/02 temp Parks 2/7/02 temp Parks 2/7/02 temp Parks 2/7/02 temp Parks 2/7/02 temp Parks 2/7/02 temp Parks 2/7/02 temp City Hall 3/22/02 PT MCC 4/5/02 PT City Council Agenda - 04/22/02 513. Consideration of a request for a Conditional Use Permit for a Concept Stage Planned Unit Development and allowinty residential uses on the first floor in the CCD District. Applicant: Hans Hagen Homes. (FP/JO) REFERENCE AND BACKGROUND On March 12, 2002, the Planning Commission reviewed a sketch design for this 10 unit townhouse project proposed by Hans Hagen Homes. The Commission moved to support the design concepts, subject to meeting minimum building height requirements for the CCD District, and subject to resolution of issues relating to the Front Street reconstruction project. Following this meeting, on April 2, 2002, the Planning Commission conducted a public hearing on this PUD request and recommended approval subject to review by the DNR for consistency with the PUD requirements in the Shoreland Overlay District. Hans Hagen Homes is requesting a concept stage Conditional Use Permit for a Planned Unit Development to allow the construction of the townhouse project along Front Street, between Walnut and Locust. In the CCD zoning district, residential units are permitted uses on the second level of buildings, and may occupy the ground level only by Conditional Use Permit. The project would consist of ten 1,660 square foot, single level residential units facing the Mississippi River, with rear -loaded garages along a private alley. Even though this project is residential in use the City's objective has been to encourage an urban environment in the CCD District, both in site planning and architecture. The site is supported by the adjacent Bridge Park, and has been targeted by the City's HRA as a prime location for a part of its "North Anchor" redevelopment. Though some consideration was given to the change from two-story to one-story buildings, the project was recognized as being consistent with the Downtown and Riverfront Revitalization Plan and will meet the minimum building height requirement of 15 feet for all buildings in the District in order to maintain an "urban look". Site specific concerns are as follows: 1. Preliminary Plat & Encroachments — Ten (10) thirty-three foot lots are proposed by the preliminary plat to be platted entirely through the width of the development. Maintenance of all building exteriors and grounds within the development area should be managed by a homeowners' association according to their covenants and by-laws. It has also been observed that roof overhangs of the proposed buildings extend into the public right of way and across lot lines. The plat must be adjusted to address these encroachments into the right of way. It may be adjusted to bring the common elements into a lot surrounding the individual building lots. Also, covenants and by-laws of the homeowners' association should be submitted to the City. 2. Site Density — Density requirements of the Shoreland regulations appear to have been met because there is less than 8000 square feet of covered site area per unit. 3. Relocation of Front Street — A proposed land survey and a preliminary plat providing revisions and dated 3/13/02 have been submitted for this application. The proposed land survey depicts the northward relocation of Front Street. The relocation must leave sufficient area for parkland and trail on the north side of Front Street. Individual trees are not located on north side of Front Street and may be impacted by the Riverside Trail that will likely be paved to 10 feet width. The cost and payment method for the Front Street reconstruction including utilities, roadway and trail are undetermined at this time. The City Engineer is presently developing utility, roadway and trail plans consistent with this townhouse development. 4. Sidewalk Encroachment — The five foot wide sidewalk on the south side of Front Street encroaches into Lots 1, 2 and 3. The City Engineer suggests that the sidewalk should be at least one foot away from the property line and entirely within the public right of way. 5. Parking & Drives — The alley behind and to the north of the townhouse building is a one-way alley. This will tend to relieve Front Street traffic, as the majority of the townhouse development traffic will have to enter the development from the Locust Street side and exit to Walnut Street. This arrangement appears to support the park area proposed along Front Street. If a two-way drive were to be considered on the alley, a major building and site redesign would have to occur to accommodate the additional 10 feet of drive width. Sufficient parking has been provided as proposed. 6. Curb & Gutter — The drive is shown with no curb on the north side of the proposed alley. A "non -surmountable curb" is proposed on the south side of drive. City ordinances and standards require B-6/12 concrete curb and gutter on both sides of the proposed alley. 7. Grading & Drainage — Grading and drainage are not sufficiently described by the documents submitted thus far. Surface drainage and storm sewer calculations must be provided to the City Engineer. Review by the City Engineer is ongoing. 8. Landscaping — No landscaping plans have been submitted so we are unable to comment in that regard. The HRA is anticipating that it will enter into a contract with Hans Hagen Homes at their April meeting. Hans Hagen Homes has represented that the entry level price for the homes would be above $200,000.00. Modifications necessary to satisfy engineering concerns should be incorporated into the Preliminary Plat and into the Development Stage CUP request to be considered by the Commission in May or June. This area should be considered a prime redevelopment site, given its location and views, and the City is facilitating the project with a significant financial investment. As a result, any project should be made to demonstrate its full consistency with the objectives of the Revitalization Plan, including the Plan's interest in promoting active, urban architecture and energy for further redevelopment projects in the area. As a final note, the DNR, through Patricia Fowler, has indicated that the site plan must meet the requirements of a PUD IN the Wild and Scenic area. Steve Grittman is reviewing the standards and believes that the site plan complies with the standards. A hearing has been scheduled for May 13, 2002, at which time the DNR input will be provided. Again, Steve is confident that this project meets standards. ALTERNATIVE ACTIONS 1. Motion to recommend to the City Council that a Conditional Use Permit be allowed for a concept stage Planned Unit Development and allowing residential uses on the first floor in the CCD District, subject to the conditions determined by Exhibit "Z" [Under this alternative the developer will submit an application for a preliminary plat and development stage planned unit development, to be processed in the May or June Planning cycle. ] Motion based on the finding that this development is consistent with the comprehensive plan for the City and associated redevelopment plan. Please note that the developer has reviewed conditions noted in Exhibit Z and will comply with requests. 2. Motion to recommend to the City Council to deny the conditional use permit [for reasons to be determined by the Commissionj STAFF RECOMMENDATION Staff recommends that the City Counil move Alternative 1 above. SUPPORTING DATA • Exhibit "Z" - Conditions to Allow a Conditional Use Permit for a Planned Unit Development • Site Location Map • Aerial photo • Grading Plan of "Riverwalk" (revisions dated 3/13/02) • Conceptual Preliminary Plan of "Riverwalk" (revisions dated 3/13/02) Exhibit "Z" "Riverwalk" by Hans Hagen Homes April 4, 2002 The Concept Stage Conditional Use Permit for a Planned Unit Development to allow for residential units on the first floor in the CCD District: 1. Development Stage Planned Unit Development approval shall be subject to the review and approval of the Design Advisory Team of the City of Monticello. 2. The project grading, drainage and utilities must be developed subject to the approval of the City Engineer. 3. The five foot wide public sidewalk along Front Street shall be located entirely on the public right of way and at least one foot distant from the property line of the Riverwalk Development, parallel to Front Street. 4. The preliminary plat and development stage planned unit development shall remove all encroachments into public right of way and address encroachments onto adjacent lots. A copy of covenants and by-laws of the homeowners' association must be submitted to the City. 5. Concrete curb and gutter in a B-6/12 design with concrete drive approaches shall be provided on both sides of the proposed alley according to city ordinances and standards or in accordance with the direction of the City Engineer. 6. Complete landscape plans shall be submitted for development stage Planned Unit Development consideration. 7. Buildings must meet or exceed the minimum building height requirements of the CCD District. 8. Final alignment of Front Street to be determined at development stage PUD. 9. Final approval after completion of DNR notification and comment. 56 i X40 Misses SQA A� West Bridge Park 56 Exrstny I aUrrainy I I �.v. loan GRAn INCA PLAN OF: L—J Exincin9.� 1}i "AmI I Drive 3 Parking I I{{ _ - ,.res- -=--_ — - - SS SS ANS HAGMEN HOD M - 941 NE FftLL1MND ROA r.w Y 1'� r �, � , rrr 4 r � : �1 ■e "_. �� " .--ar, w �� I rr�. FRIDLEY UN 55432 � Almhiv- O TEL- 753-572-9455 ... O ` r - edge I 2 foot contour interval - - � �1 I - Topographydata Collected in field I I I u t 7- on t ,ion_Rud by E-G & con's, Inr-_ ran I - 10 PROPOSED TOWNHOMES A Cq t PROPSW ELSVATION8. 1 TOP of BLOCK = 915.2 LOWEST FLOOR 915.2 (SLAB) GARAGE FLOOR = 914-B :3' r DENOTES EXISTING CONTOUR DENOTES PROPOSED CONTOUR r � 1 Iao �, /1 � C /r ` >Q >• -— — �xtro�e �, �aZ� xtnn 3 _ o jj 0...,..� IJ Q .;_ r i l � nus } : I � `:} � • DENOTES MANHOLE DENOTES IRON PIPE FOUND o DENOTES IRON PIPE SET -11 DENOTES POWER POLE --oar- DENOTES RE '� ,�- _�� I — n ^ : r D4 DENOTES WATER VALVE ^ Z DENOTES GAS LINE MARKER ELEVATION 111 DENOTES EXISTING I I t < DENOTES EXISTING STORM SEWER wa�utr�l I I` _ E arive c 3. s 3 yN- ,N �. aw DENOTES EXISTING SANITARY SEWER I ^ I j I r''x m TYPICAL — —- — — I s DENOTES EXISTINGQi CATCH BASIN OTES SOIL TEST M'sfir _ xra o �i8.0lxwav �twa d -4-� asa : r I DENOTES PROPOSED I ELEVATION 1S�a�_7I �orr� xr nae rF3s rzn tv�« �—,ry 1 xocaao -mo- -� a - I DENOTES SILT FENCE DENOTES PROPOSED CATCH BASIN x�„ tag DENOTES PROPOSED DIRECTION OF DRAINAGE wan M DENOTES PROPOSED STREET, WALK OR AL I/ ` _ I� DENOTES EXISTING BITUMINOUS SURFACE I Existing I i I �` (,! I Exrating / J I _ I I A ° _ DENOTES pQSTING BITUMINOUS SURFACE Building Building I I BENCHMARK NMgaT - ratan sr>; srmaa Z-rl Q 92&� OF 'f1'=1G4L TuNi4en DIM- 1 ^ , I f � �: � '• I 4 I 4 I I I CONSTRUCTION OF A SILT FENCE ---_.__.._• i " `"i I r i t % r — I I' ^ - i I xr rem r orw�ae. +:. a rnwe ass "Mm■ m at ramIra I ;• p I �s..cas:uao. xawo xtoa,dxsaw `I ' x •— t I ntm fiA UNT ,-- I I I- I I ��,.7^� ✓�/Q{�t� tv UNIT I I a nc rin raswaca •cwc m.wo I o I I Lots 6 through 10, BIOC" 54. M0NTICELLO, N4-ight County, Minnesota I SLAB UNT I � I GRAPHIC ACALE , I c•. I %, =�. I I -riat part of vacated Front Street per document no. described t Count as beginning of the Northwest corner of Block 54, MON7rCELLO, Wrigh Y I I 11.0 the west line of said Block 54 is assumed to bear N0078'51 'W, thence 1 I + S84'5622" E 331.55 feet to the Nortfftly extension of the East line of said I I I I I EROSION CONTROL NATES 1N FEET 11 ( Block 54, thence S007851'E along said East line 3.68 feet to the North- I i �waiO 1 inct = I L Pi�l7$ TO GRID i. II8f'6ii. 3II.'! 31aP P� east comer of said Block 54, thence N84'18'27'W long the North line of 4 AS 1=11= iy, I I I said Block 54 a distance of 331.92 feet to the point of beginning. II I cat+e7« I 4.) 4 I ►Said vacation is proposed and is to be done by the City of Monticello. ^ I I I =No legal descripiron or title work supplied for survey as of this date. Area = 49.683 sq- ft" ' �� pP 11024I hereby certify that this survey, plan b under I _24.0 �. I I — - - � — I or report was prepared y me or �.j my direct supervision and that ! am �- M`''ho au„er I �* :mangy--------L--------I-------------- thel duly awseoftheeSt/tomte/Land �ofMinnesota r IM7t i I 0 o tnz+ :J -Ia+a /I/f / -t n T Irl r• 1 It�.�. 1 ! I snnchmarlc � +� vaso TPH-824.72 _ mn // °"m^ ;aa�o Date: I - ffiw 3 %�-OZ License No. R1=visraNs ^y . F. iiO. T�Mi/ WI�/� INC. I BY DATE DESCR/ line and�strnet yaut �T1Grs K � '� _ = _ ... _ . . _ -_ _. _. _- --_. __ � (dwo 13/13/02 I N. r w � J T4 {I� \%%:Te, 0 LEXINGTON AVENUE NE CLE PINES, MN. 55014-3625 — - 763-7B6-5556 Fox 763-786-6007 tea" Existing I/ Fwldinq, Il'cxiatu�y. Dri,-e & Parking 1 PR L 1 M 1NAR*r0PLAT of: "M I Y ERUJAL" fly- BANS HASEN 4-40MMS 941 NE HILLMND ROAD FRIDLEY, MN_ 55432 O - , s �-,3 til _ ; - t ` �� TEL: 763-572-9455 ;.� .. _ ...LY aN.._ ,t 3zr+.•s`.'i }-`�,. 3. .r,4:;. n;.- .t .._;s t'� ^'a' h - :vJ- -`ar,'.....T2. Math edge vuopt 'k ,�r �v\•ra, F 56 x �� f✓ r M8478r'*2 w A/O EA4]Eliia*»t 4. • r� I I -. - ..-_c y '-_. ,,,,,.�.__�,•� >_ - - - ao .- . NOTES AREA CALLATIONS ( • i=- i a. :: PLAT AREA = 49,683 SF FRONT STREET DEDICATION = 250 SF TOWNHOMES LOTS = 49,433 SF DENSITY = 9.1 UNIT PER ACRE 10 PROPOSED TOWNHOMES 3 N Q I ( w o L DENOTES PROPOSED STREET, WALK OR DRIVE I I 00o _ w' 0 3 I C r t 0 3 I DENOTES EXISTING BITUMINOUS SURFACE I I 3 T^ DENOTES EXISTING BITUMINOUS SURFACE jW . �..' �. - J [ yc+... ^ "`r . 2 ..ata•,? " .s^ X. L " c: ^ --. -t W ( I - u }— 33.6 f :? . ''�`�.�, :.x-'-�' �''��'�.`. � - t�� ..R ,�-�• _ - I `I a TYPICAL t x i 33-00 � 33.00 33-00 33.00 ci 33-00 3300 33.00 33.00 33.00 33.00 — — -� — — — — — — — — i Mss-ss'os-�r i f 333.01 I h I I I I I Existing ( I Building Building I TYPICAL TWN4-46E DIM_ it u.o Pte, I I 1 I I L_ . 'iUNT .0 UNIT i I I I LWAL DEsCRIPTION I t SLAB UNIT ( ( GRAPHIC ACALE Lots 6 through 10, Block 54, MON77CE L0, Vitight County, Minnesota- 111.0 c I I 0 0 I O I 7hat part of vacated Front Street per document no. described as beginning at the Northwest comer of Block 54, MONTICELLO, 'Wright County, .0 c I I ( ( the west line of said Block 54 is asAtmed to bear NOQ'2B'51'W, thence tiII S84.5622E 331.55 feet to the Northerly extension of the East line of said o I I I t inch = 201 tt I Block 54; thence Soo*2W51'E along said East line 3.68 feet to the North- I I I I east comer of said Block 54; thence N84i8'27"W along the North line of i said Block 54 a distance of 331.92 feet to the point of beginning. 4.0 I I o m /-Z ( I I I No legal vacation or proposed wont suppliedofor by yurvey asyoffthisdate. a I ( I I Area = 49,683 sq. ft I 240 I (I 1 hereby certify that this survey, plan under — — — — — 1 — — — — — — — — I mydirectsuperv�oneand y that me or am 1-- — — — — — — — — 1— — — — — — — — —I — — — — -- — — — — — — a duly Registered Land Surveyor under I ( the laws s of the State -of Minnesota. -<m r;.,,,.bmark nix -924.72 _ ! 1 Date: 3 ' 1 � _v �- License No. REVISIONS . , INw - - - BY DATE 0ESCRJPT10N LindT�iIIL/ n O _ dwo 3/13/02 I N. r/w line and street layout Jjl T1d 9180 LEXINGTON AVENUE NE_ CIRCLE PINES, MN. 55014-3625 — Tel. 763-786-5556 Fax 763-786-6007 3` NOT FOR CONSTRUCTION / PRELIMINARY SET \aw`4# .... f `.` S* UW cur 36 Lr.� INV SE 928." , . 1 MATCH D' "i4 s +m 3}.4 CE 112 e a / STR ,- v -s r, s w NERN R3087, MH 488 DIA 4A ' r \ 7 58 i ` NEENAH R111142✓ ^:\ =2&b8 / R! 40 „I._... / M L \ LF.— HDPE A Q34 R c�;`W .. SAW txfr X LF.CURB . , MATCH F)OBW STR 109NEENAH R3067 ■ 'CBMH 48 Dui, 70-931140 Q Tv.✓:' `c k.. `,�. ' INV -927.b0`' �""�.,,�� ... Z 4 STR 113 CB 24•X38• NEENAH R3067 ; �", � / ✓� 41 RNA -931.95 "" a INV -928.95 MfA r ,/ _ �J/ ✓ _ .,...._,/ / j '�?f~h r �..'`r.-`_ Fir Mss i ., f7?a• s..s STR 108 MH 48' ail / % / N NEENAH RIO f� r RIM -934.40 W-927.49 1 60 _. • FF -934.35 - , r , ¢f ., �� /-� /�"/� JN ,� / ..�� ii•�' �� ' � "A ~..��/ 7 s- / / Jam' \��J � ,\�� '•� ,. + F=934.35 I 1FF!934. y H�48• DIA 5M1HR (0' ail X931 ,242 L.F. - 1 •� — / I tl FY / I 9220 7 t !j8 - RIM-9AH �2 0---H—PE a 0.34x X49• aA2+oII_" _ °' ill 3+0 la a!" 4 y#` .' i 927.17 1 I+oo o TC-H3L _ �'lw. ... -.'• ox -5.73 / I1IIIIIIIV S E-928.44 d CtlT ra.� Paste > �3 IWy-opo. --- „/.. -- 32 LF' ) ' STR n ~ D tom Cow48• � i` - 1 1 v n- -927. �/, 4, l - '1 �T r ` , ''1 FF�33.0�2 / 48 FF BI FF -333. X 3� 1' { r - r / STR\/ ; tea`. / MH 48 ail f . _.. b:. \ NEENAH RI842 MZ 36 Lo.Cufle EIMMINV-924.22:•, :,,, �� : -• � <, Nrl , - __. CB 48' a� __ � t ,� _. -------- 14 _-- __.. ... ... .... .. .. ... .,_. ... f _........... / _. --__ _. .✓< .._. .. , , STR 101 �, \ Y- , PLACE 74 RO �t. ! t.l � � , `` I .� `.I t` �' �: � t # •� TYKE IVY F C . 'tom c , NOTE: CONTRACTOR SHALL BE RESPONSIBLE FOR ALL UNDERGROUND LOCATE REQUIREMENTS. CALL 48 HOURS BEFORE DIGGING: GOPHER STATE ONE CALL TWIN CITY AREA 454-0020 MINNESOTA TOLL FREE 1-800-252-1166 Z 0 4: N w 0 40 0 40 80 120 SCALE 1N FEET o SCALE: 1 = 40 Xz LEGEND 0 0 Denotes set iron monument w/elevation M Z m Y W YH a0 N N 7) (A • Denotes found Iran monument W w/elevation 0 }} }}to N Z 0 Denotes found cost tan monument UEf) 3 U Exiting power pd■ F Existing guy wire M Existing telephone pedestal 0 Y'a o c 0 Existing electrical boxo �rE� rn y C) ® Existing cable tel@dslon box cgQ c Z € 9.6 '� s E3 Existing fiber optic box off` o- y a8oX ® Existing underground gas 0 Existing catch bash L■ Q N m a pQ Existing got@ valve0 a 8 0 ? -t Existing hydrant $ 0 Existing monitory manhole t`oEv' in o © Existing starts manhole �] Existing culvert Existing moil bcrhq �N Z Exi@thg light pale Mr ,[ ® Existing wall Ul y 884 Existing Contour sa Proposed Drainage Arrow,.,u vv>av Proposed Contour X 886.00 Proposed Elevation Existing Elevation' Proposed Sanitary Sewer Lina Existing Sanitary Sewer Line << Proposed Storm Sewer Line � Existing Storm Sewer Lhe -- I Proposed Watrmaln Existing Water main Proposed Hydrant W ► Proposed Flared End Section Proposed Manhole Z . Proposed Storm C8 Q .�. Proposed Sit Fence 0- N N 0 T E S Z� I. The Contractor shall note any discrepancies between mdstkp conditions as exist Q In the fleld and es represented within the plans as shown and alert the Architect Z Z before 2 Contractor shall verify all existing it proposed elevations prior to start of construction and notify owner of any V conflicts. & CONTRACTOR shall locate and verify all utilities which soy affect this work and notify ower of any changes. Contact cowl utility componles ter exact lokxrtbne prior to eammrlorlg work W W 0 Z U J 0 4. Coordinate installation of new utnitles with the Mechanical plan. J 5. Contractor shall take necessary precautions to event ■estN and debris run-off during grading operations (Le. sit fence, *trove bales, etc.). J O !11 Z 0 a, _ �./ X 6. Contractor shall verify critical elevations to ensure conformance with Z W grading plan, particularly with walk and/or pavements to remain. Meet Lv 3 existing grades along street*. Property lines and driveway entrances. Restore on pavements that remain to their orighd N not better condition. Z O W Q Notify owner of any amnlcts. 7. Areas not paved and to be landscaped shall recent mhhlum of cc > ~ L a Q 4' depth as measured in place of topsoil. NI graded dopes greater then or owd to 5:I shall be hydr'osesded to help etobtize the dope& SHEET NO. & All spot elevations shown will be top book of curb unless otherwise noted on the plan. (P) denotes pavement elwotlons. 9. BENCHMARK - Tp nut of fire hydrant North East Quadrant Vine Street and 6th Street. Elevation - 935.77. Datum- NVGD 29 10. Proposed watrilnee re to be wet topped to the existing watrlinew 11. Sod all dkr arena. 2 aro BO- 1to be BB -IB concrete curb aft- gutter- -arr6 I/2 *Leet all other curb to be Be -12 concrete curb and gutter. City Council Agenda - 4/22/02 5C. Consideration to approve entering into a Contract for Private Development among the HRA, the Citv, and Hans Hagen Homes, Inc. A. Reference and background: The City Council is asked to review and approve entering into the Contract for Private Development among the HRA, the City, and Hans Hagen Homes, Inc. The City agreed to replace the water/sewer lines and street, install 10 new stubs, and accept and contribute toward green space; therefore, the City became a party to the Contract. The Contract for Private Redevelopment outlines the terms and conditions of TIF assistance to the developer, Hans Hagen Homes, Inc. (Hans Hagen). The Contract was drafted by Dan Greensweig, Kennedy & Graven, and a copy provided to the developer. The HRA took the lead roll and acquired the parcels and demolished the structures along Front Street. The HRA agreed to prepare the site as a finished pad site. The City agreed to replace the water/sewer lines and street, and install 10 new stubs. Seventy-five percent of the replacement costs will be pay from the City general fund and the 25% divided between tax increment and the city. The Developer agreed to pay $300,000 for the finished pad site and construct 10 row townhouses at a combined estimated market value of at least $1.9 million per an Assessment Agreement. Site preparation completed by the HRA no later than June 21, 2002. Construction to commence by no later than July 1, 2002 and completion of the 10 units by July 1, 2003. The developer must provide financial commitment for acquisition and construction costs. With the selling price of $300,000 and the tax increment from the project estimated at $170,000 NPV, the HRA will finance the $130,000 gap from District No. 1-22 Surplus Funds. The City pledged $35,000 for reimbursement of the Carlson raw land appraised at $78,000 with the remaining balance from non-restrictive HRA fiends. As you recall, the gap between the acquisition/demolition costs and the reimbursement of the Carlson property will be financed through District No. 1-22 Surplus Funds. Additionally, the HRA agreed to remove the structures by August 31, 2002 and City agreed to complete seeding or sodding by September 30, 2002. The Developer will dedicate the Carlson property as green space via the platting process. At the April 2 Planning Commission meeting, the commissioners approved the conditional use permit for a one-story townhouse project subject to "Exhibit "Z" which is attached. The Council takes action on the conditional use permit under Agenda Item 4B. Also attached are comments by the City Engineer and a letter to the DNR noting a hearing scheduled for May 13, 2002. The HRA approved entering into the Contract for Private Development on April 3, 2002. City Council Agenda - 4/22/02 At site review on April 18, staff reviewed the revisions to the site plan which were acceptable. I e-mailed Hans Hagen relative to his acceptance of the additional $29,500 costs. Will update at City Council. B. Alternative Action: 1. A motion to approve entering into the Contract for Private Development among the HRA, the City, and Hans Hagen Homes, Inc. 2. A motion to deny approval entering into the Contract ............................. 3. A motion to table any action. C. Recommendation: The project meets the goals of the City HRA: redevelopment of substandard area, quality finished product with all brick exterior, increased density for a total minimum market value of $1.9 million. The City Administrator recommends alternative no. 1. assuming Mr. Hagen is acceptable to the additional costs. D. Supporting Data. Excerpts of the Contract, Exhibit "Z", City Engineer comments, and letter to DNR. 2 ARTICLE III Acquisition of Property; Financial Assistance Section 3.1. Acquisition and Convevance of the Development Propertv. As of the date of this Agreement. the Authority owns the Development Propei-t,,--. The Authority will. subject to all the terms and conditions of this Agreement. convey the Development Property to the Developer for S300.000. Section 3.2. Conditions of Acquisition and Convevance: Purchase Price. (a) The Authority shall convey title to and possession of the Development Property to the Developer by a deed substantially in the form of the deed attached as Exhibit E to this Agreement (tile "Deed ). The ALithoritv's obligation to acquire and convey the Development Property is subject to satisfaction of the followin`T terms and conditions: (i) the Developer having submitted to the Authority evidence of financing as required under Section 7.1: (ii) the Developer having submitted and the Authority having approved Construction Plans for the N-linimuin Improvements: (iii) the Developer havin`T reviewed and approved title to the Development Property as set forth in Section 3.4: (iv) the Developer havin`T e\ecuted and delivered to the Authority the Assessment A2reement: (v) the Developer not being otherwise in default under this Agreement: (vi) the Authority having, complied with all statutory preconditions and hearings required for the sale of the Development Property and the execution of this Agreement: and (viii) the Developer having paid to the Authority 5300.000. The closin_ on conveyance of the Development Property from the Authority to the Developer steal l be on such date as the Developer and the Authority shall agree in xvritin<T, but in no case later than 2002 (the "Closing? Date'). (b) The purchase price to be paid to the Authority by the Developer in exchange for the conveyance of the Development Property shall be 5300.000 to be paid by the Developer to the Authoritv at closin<T. DJG-20789-x\ N IN 190-97 7 t �....; da\ s atter its receipt of'the De\ eloper's list of such objections. either the Dei eloperor the .-\utllurit%* Ill Ll% b\ Ilse `_l\ III_ of %%i-lttell Ilotice to the other. tel-111111L1te this Upoll the receipt of \%hich this Alreenlcllt shall he 111-111 and void and neliher party shall ha\ e ail,, liability hereunder. The Authority shall Ila%e no ohliLatioll to take an\ action to clear defects in the title to the Development Property. ether than the good faith efforts described 11DOVC. Section 3.5. Soil Conditions. The Autllorit%_ shall. prior to closing_ grade the Development Property at the sole cost of the Authority according to the grading plan attached here to as Exhibit F (the "Grading Plane). The Authority shall provide the Developer -.with a soils engineer's report that verifies the condition of the soil shall permit the Developer to construct all ten To\ynhouses and install driveways. alleys. and side,.yalks without any cost to the Developer to correct soil conditions on the Development Property-. The Authority hereby represents and %warrants to the Developer that the AuthoritV has neither caused. permitted. or has all%, knov,-led<ze of all„- storage. disposal. or dumping of hazardous substances on the Development Property in violation of federal or State law and the ALithoritV further a``rees to indemnify the Developer. and its successors or assigns. including all persons hereafter acquiring an ownership interest in an%- part of the Development Property. from and a``ainst an%, and all liability. loss. costs. darnage and expense resulting from or due to the release or threatened release of hazardous substances. IlaZardl)LIS wastes. pollutants or contaminants which were or are alleged to have been deposited. stored. disposed of. or placed oil the Development Property by any person during the period in which the Authority had title to the Development Property-. This inderrinifieatioilshall be binding upon heirs. personal representati%-es.sLlceessol-sand assluils of the ALithorltV. Section 3.6. Payment of Administrative Costs. The Develop :r agrees that it 'Rill pa',- upon demand hV the AL1thoritV. Administrative Costs (as hereafter defined). For the purposes of this Aulreement. the term --AdmiIlistrative Costs- means out-of-pocket costs incurred by the Authorit”, and attributable to or incurred in connection with the negotiation and preparation of this A`7reement and other documents and agreements in connection with the development contemplated hereunder. Out-ot=pocket Administrative Costs shall be evidenced by invoices. statements. or other reasonable w rittell evidence of the costs incurred b% the ALltllority. As of the date of this Agreement. the Developer has deposited S5.000 %% ith the ALlthoritV to be applied toward Adlzlinistrative Costs. The amount by which this deposit exceeds the Authorit,-'s actual Administrative Costs. if any. shall. upon demand by the Developer. be returned to the Developer. but no earlier than the date oil `which the Developer receives a Certificate of Completion pursuant to Section 4.4 of this Agreement. Section 3.7. Construction of Improvements. (a) In order to make development of the 1\Illllnium Improvements economically feasible. the Citi- and the ALIthority will complete. at the Authol-itV's sole cost and expense. the follo"ving improvements: (i) a project to upgrade. replace. and other vise improve the street. sever. and eater infi-astructureserving the Development Property: (ii) demolition of all existing house and all\- other existing structures on the Carlson Property. such derllolition to occur no later than AL1`_ust ;1. 20021. and seeding and sodding of the Carlson Property by no later than September 30. 20021, subject in both cases to receipt by the Authority of all lleeessar\ approvals from the State Department of 'natural Resources and an,,other aLency xvith propel' ) 1-11-lsdlctloll- (111) CC�nStl"L1Ctloll of 10 ne\L water alld sewer stubs designed to serve the Parcels: and ( iv) construction of one pad on each of the 10 Parcels. such pads designed to permit coil.sti'L1cti011 of a To\\ 111710Llse thereon and C01lStl"uCtl0l1 Of SLICK pads to be colllpleted 110 later than RIG -20789, %% NIN 190-97 1 1 -- proposed chanUe to the tier its appi-o al. It' the Construction Plalls. Zs nlodi tied b\ the Proposed ChanL'C. Coll1,61-illtothe reC.Jull%e III ell tsofIII ls SccIIc)n 4.2 oI 11115 lit %%Ith respect to SLICK PI -e\ IOLISI% al -)pro ed C 011iil'LICtIoil Plans. the ALIth(.) shaI l appro\ e IIIC pI-0POSCd Chane and notlfv the De\ eloper in «riiin�_, of its approval. SLICK Cha11L_e in the ConstYLICti011 PlallS ShaII, In ani eVC111. be deCnlCd apI?rOVed b% the ALIth(_)r1tY finless I'e(eCted. 111 Whole OF In pa11. b% %%1-Itten notice b�- the Authurit\ to the De%eloper. setting forth in detail the reasons therefor. Such rejection shall be made within ten (10) dads atter receipt of the notice Of such chan`_e. The Authority'sapproval of ane such change in the COnSII-LICtion Plans %vIII not be unreasonable withheld. Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable Delays. the Developer shall commence construction of the Minimum Improvements by the later of Jule 1. 2002' or 10 days followin`_ the Closing Date. Subject to Unavoidable Delays. the Developer shall complete the construction of .%•I1n1I11L1m Improvements by ,Jule 1. 2`003. All work with respect to the Minimum Improvements to be constructed or provided be the Developer on the Development Property shall be in conformity with the Construction Plans as submitted by the Developer and approved by the ALlthorit"'. The De% eloper agrees for itself. its successors and assi`_ns. and every successor in Interest to the Development Property. or an%- part thereof. that the Developer. and such successors and assi`_ns. shall promptly begin and diligently proSeCLlte to completion the development of the Development Property throu`_l1 the COnSti-uctlon of the I'VI1n11111.1111 I111prOVernents thereon. and that SLIC11 construction shall in any event be commenced and completed within the period specified in this Section =1.3 of this .-\Lreernent. The oblivation to construct the N-11ninlum Improvements in accordance with this Section tOLIChes and Concerns the land. and shall run %% ith the Development Property and be bindin`7 upon all successors and assi`_ns to the Development Property. .after t11e date of this Aon-eement and until COnstruction of the N-Iinii-nur1 Improvements has been completed. the De, -eloper shall make reports. in such detail and at such times as may reasonable be requested by the ALIIhority . as to the actual pro`_ress ofthe Developer with respect to such construction. Section 4.4. Certificate of Completion. (a) Promptly after completion of the INlininlum Improvements in accordance �\ ith those provisions of the .a`_reement relating_ soler' to the oblivations of the Developer to construct the M1nllllL1111 Improvements (IIIClttdill`_ the dates for be`Tinnin`_ and completion thereof). the .authority Representative Neill furnish the Developer with a Certificate shown as E\hibIt B. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage. or all\, insurer of a Mort_aue. secLl1'111(2 Money loaned to finance the N11111111L1111 Improvements. or all%- part thereof. (b) Promptly after completion of each Townhouse in accordance with those provisions of the Aureenlent relating_ solely to the obliLations of the Developer to construct that Townhouse (inclLldin`_ the dates for be`_inning and completion thereof'). the Authority Representative furnish the Dei eloper \\ ith a Certificate shown as Exhibit C. Such certification and such determination shall not constitute e\ idence of compliance \\ itll or satisfaction of ane obli_ation of the Developer to an% Helder of a Mort`_a`_e. or an.' insurer of a securin`_ nloney loaned to finance the M Iill III Lim Iill pro\ eIllents.of ani part thereof. ARTICLE V I nsuranre and Condemnation Section -:,.1. Insurance. (a) The Developer will provide and maintain at all times during the process of constructing the Minimum Improvements an .All Risk Broad Form Basis Insurance Policy and. from time to time during that period. at the request of the Authority. furnish the AL1thority \with proof of payment of premiums on policies coverin`` the follo\win`T: (1) Builder -s risk: insurance. written on the so-called "Builders Risk -- Completed Value Basis.** in an amount equal to one hundred percent (100%) of the IllSLIrable va]Lle of the MIII I111um Inlprovenlentsat the date of completion. and with coverage available in nonreportin`-, form oil the so-called "all risk'* form of police. The interest of the Authority shall be protected in accordance with a clause inform and content satisfactory to the Authority: (Il) Comprellenslye `(elleral liability *Insurance (includlng operations. contilluent liability. operations of subcontractors. completed operations and contractual liability insurance) together with an O,.vner's Contractors Policy %N ith limits against bodily injure and property dama`_e of not less than 51.000.000 for each occurrence (to accomplish the above -required limits. an umbrella excess liability policy may be used): and ( iii) �Vorkers' compensation insurance. \,wit}1 statutory covera�ue. (b) 1."pon completion of construction of the N'11111111LIM Improvements and prior to the Termination Date. the Developer shall maintain. or cause to be maintained. at its cost and expense. and from time to time at the request of the Authority shall furnish proof of the payment of premiums on. insurance as fol lows: (1) Insurance against loss and."or damage to the'Vlinimunl Improvements under a police or policies covering such risks as are ordinarily insured against b�- similar businesses. (ii) Comprehensive general public liability insurance. including personal injury liability (with employee exclusion deleted). against liability for injuries to persons and/or property. In the I111111I11LInl amount for each occurrence and for each Veal' of S 1.000.000. and shall be endorsed to show the Authority as additional insured: and ( iii) Such other insurance. includin<T workers compensation insurance respecting Lill emplo\ ees of the Developer. in such amount as is cLlstonlarily carried by like oruanizatiL,Ils ellum-oed in like activities of comparable size and liability exposure: provided that the Developer may. if permitted by la\\-, be self-Illslll-ed With respect to all or any part of Its llablilt\ for \\orkerS compensLitloll. (c) Ali 111 11rallcc 1'egllll'ed 111 Articic' Of tllis �'1'eellle;lt shall be taken out and nl( i-2(),\`/�� _ \i\I�)U-�- l ARTICLE V1 Tax Increment; Taxes Section 6.1. Ri,lht to Collect De1lnClllellt Taxes. The Developer ackno%% ledues that the Autllorit\' is providing substantial aid and assistance in furtherance of the development. The Developer understands that the tax increment intended to pay expenses of the ALlthOl-ity and the Developer are den ved from real estate taxes oil the Development Property. %% hich taxes must be promptly and timely paid. To that end. the Developer agrees for itself. in addition to the obligation pursuant to statute to pay real estate taxes. that it is also obligated by reason of tills A``reement to pay before delinquency all real estate taxes assessed against the De\ elopment Property and the Minimum Improvements durin`_ the period the Developer o\% ns the Development Property. The Developer acknow ledges that this obligation creates a contractual right oil behalfof the ALlthOritV to sue the Developer to collect delinquent real estate taxes and any penalty or interest thereon to the extent that such taxes. penalty. or interest are assessed or accrue durin`_ the period that the Developer o« ns the Development Property. and to pay over the sallle as a tax payment to the COLlllt%' alidltor. In all\ s11C11 salt. the ALlthoritY shall also he entitled to recover its costs. expenses. and attorneV fees. Section 6.2. Reduction of Taxes. The Developer agrees that prior to the Termination Date: (1) it «ill not seek administrative revle,ty Or judicial of the applicability of ani tax statute determined b% all%, Tax Official to be applicable to the Minimum Improvements. the Development Property. or the Developer. or raise the inapplicability of any such tax statute as a defense in all%, proceedillgs. including delinquent tax proceedings: (2) it wIII not seek administrative revleNIV or Judicial revle\t of the constitutionalit"- of ally tax statute determined b\ ail, Tax Official to be applicable to the N—linimum Improvements. the Development Property or the Developer or raise the unconstitutlonality ofan,,' such tax statute as a defense in an\, proceedings. including, delingUenttax proceedinL,s: (;) it \\ ill not cause a reduction ill the Minimum Market Value (as defined in Section 6.3) paid in respect of the Development Property thl-OLl`U'11: (A) %�illfLI1 des11-L1Cti011 Of the ti11111111Lllll Improvements. or an,,- part thereof: (B) "illful refusal to reconstruct damaged or destroyed property pursuant to Section 5.1 of this Agreement. except as provided in Section I (e) of this Agreement: (C) a request to the. assessor to reduce the INJInimuln Market Value Of all ur any portion of the Development Property: (D) a petition to the board of equallzatloll of the Coullt%to reduce the Ivl1IllIllt1111 Market Value of all or any portion of the Development Property: (E) a petition to the board Of equalization of the State or the Commissioner of RevellUe of the State to reduce the N/linimurn Market Value of all or ani- portion of the Development Property: (F) an action in a district court ol' the State or the tax court of the State pursuant to tilinnesota Statutes. Chapter 278. seekinu, a redLlcti011 in the tilininlLllll NAarket Value of the Development Property: (G) all application to the Commissioner of RCVCnue Of the State requesting an abatement of real property taxes pursuant to \ l innesota Statutes. Chapter 270: (H) an\- other proceedim_s. «hether administrative. le`zal or equitable. \,% ith ani administram e bode \v ithin the C'ourlt\ or the State or %\ ith ani court of the State 01- the federal 1O\ ernnlent: or (I) a transter of the Development Propert% . or an%- part thereot: to an entity exempt from the pa\ meat of real property taxes under State la%%. The De\ eloper shall not. prier to the Termination Date. apply for a deferral or ahatenlcilt tax on the De\ eloj-)mem Propert\ pursuant to 111\ la\\. or 01.111n4lnce. �1x l 17 Exhibit "Z" "Riverwalk" by Hans Hagen Homes April 4, 2002 The Concept Stage Conditional Use Permit for a Planned Unit Development to allow for the in the CCD District: 1. Development Stage Planned Unit Development approval shall be subject to the review and approval of the Design Advisory Team of the City of Monticello. I(�� ,} p �- 2. The project grading, drainage and utilities must be developed subject to the approval of the City Engineer. CO- AA t,� t�D 3. The five foot wide public sidewalk along Front Street shall be located entirely on the public right of way and at least one foot distant from the property line of the Riverwalk Development, parallel to Front Street. 4. The preliminary plat and development stage planned unit development shall remove all encroachments into public right of way and address encroachments onto adjacent lots. A copy of covenants and by-laws of the homeowners' association must be submitted to the City. 5. Concrete curb and gutter in a B-6/12 design with concrete drive approaches shall be provided on both sides of the proposed alley according to city ordinances and standards or in accordance with the direction of the City Engineer. 6. Complete landscape plans shall be submitted for development stage Planned Unit Development consideration. 7. Buildings must meet or exceed the minimum building height requirements of the CCD District. APR -16-2002 09:50 WSB & ASSOCIATES INC. 7635411700 P.02iO3 & Assxtales, ,Inc. April 16, 2002 Mr. Fred Patch, Chief Building Official City of Monticello 505 Walnut Street, Suite 1 Monticello, MN 55362-8831 RE: Plan Review Comments Front Street ReconstrucriorJHans Dagen Development "Riverwalk" WSl3 Project No. 116046 Bear Mr. Patch: - We have reviewed the preliminary plat documents for the above -referenced project and would offer the following comments: 1. The developer has requested that Front Street be relocated 10'-12' north of its existing location. This is not possible due to existing slopes and trees. We would, however, consider changes that would achieve the same result for the site. We would agree to move the existing north curb line 6' north in order to accommodate the proposed development. The north curb line should match into the existing curb line as soon as possible to minimize the area being disturbed. The additional length needed to meet the developer's request can be accommodated by reducing the alley driveway length from 23' to 20, and reducing the Front Street boulevard to 6' along the south side. This will result in additional costs for the street reconstruction that weren't previously anticipated. Recent soil borings identify over five feet deep of black material located north of the existing roadway. If the street is moved to the north, additional expenses will be incurred for excavation of material and replacement with granular fill. In addition, other expenses for moving the roadway north include the realignment of curb and driveway aprons, and relocating sanitary sewer and storm sewer at the radius of Walnut Street and ]front Street. Expenses above normal street reconstruction will be the responsibility of the developer. Total additional expenses are estimated at $29,500 for the above -noted items but will be based on actual conditions. The opinion of cost is subject to change based on actual field conditions and final plans. 4150 'Olson.- Merno: 60: Highway 2• In the proposed alley, concrete curb and gutter (13612) should be added between Suite 3a0,� ' driveways on the north side of the alley. Concrete curb and gutter should also match into the street on each end. 55422 "-i .• F:1WPW1Mt160-a6041602fp,drx IV' inj�J" ' 763'5, 70�,FAX Minneapolis St, Cloud Equal Opportunity Employer . APR -16-2002 09:50 WSB & ASSOCIATES INC. Mr. Fred Patch, Chief Building Official April 16, 2002 Page 2 7635411700 P.03/03 3. The proposed storm sewer system on the west end of the alley should include two catch basins to accommodate the proposed storm runoff from the alley. The storm system should be aligned adjacent to the property line and include a twenty foot drainage and utility easement. 4. Due to the relocation of Front Street to the north, the bituminous pathway may be more difficult to construct. The additional costs incurred to accommodate the new path construction could be charged to the developer. Please try to have a draft plan prepared prior to Thursday, April 18t' for City staff review. Should you have any questions, please do not hesitate to contact me at (763) 287-7190. Thanks for your cooperation. Sincerely, WSB & Associates, Inc. 3dp . W" Bret A. Weiss, P.E. City Engineer CC. 011ie Koropchak, City of Monticello Dan Obermiller, E. G. Rud & Sons, Inc. Hans Hagen, Hans Hagen Homes F.•\WPWIMI160-46V41601 jp,doc TOTAL P.03 t ISM -104M Q WINAAR onset, MONTICELLO Patricia L. Fowler April 10, 2002 Minnesota Department of Natural Resources 940 Industrial Dr. S., #10' Sauk Rapids, MN 56379-1235 Dear Ms. Fowler: This is to let you know that there will be a hearing conducted by the Monticello City Council on a proposed 10 unit residential planned unit development at 7:00 p.m. on May 13, 2002 at the Monticello Community Center. This development, known as "Riverwalk", is located within the shoreline management area of the City of Monticello. Please also note that the Planning Commission will be reviewing the site at the regular meeting on Tuesday, May 7, 2002 at 7:00 p.m. at the Monticello Community Center. Please consider providing comments for both the Planning Commission and the City Council. Steve Grittman will soon be sending you additional information regarding compliance with planned unit development density requirements. It is my hope that you will get this information in time to provide comments to staff prior- to the May 7"' Meeting of the Planning Commission. If you should have any questions, please call. Sincerely, Teff O'Neill Deputy City Administrator ,10/lk cc: Steve Grittman 011ie Koropchak Hans Hagen Monticello City Hall, 505 Walnut Street, Suite 1, Monticello, MN 55362-8831 • (763) 295-2711 • Fax: (763) 295-4404 Office of Public Works, 909 Golf Course Rd., Monticello, MN 55362 • (763) 295-3170 • Fax: (763) 271-3272 City Council Agenda - 04/22/02 5D. Consideration of accepting final plat and development agreement for the Vine Street Townhome proiect. (JO) REFERENCE AND BACKGROUND Mike Cyr has been making progress toward completion of the planning phase for the Vine Street project. He has been successful in gaining Randy Ruff's cooperation regarding vacation of Vine Street and he has overcome other hard acquisition obstacles. Cyr is nearing the finish line with his request for final plat approval and approval of the development agreement. The final plat was just received on Friday, therefore it's approval should be contingent on final staff review. The development agreement follows the standard format. The fees and letter of credit associated with the development are provided in the form of a worksheet. Once the development agreement is executed, the vacated areas of Vine Street, Minnesota Street and 7" Street can be provided to Cyr. ALTERNATIVE ACTIONS 1. Motion to approve the final plat and development agreement for the Vine Street Townhome project. Motion contingent on completion of items noted in the PUD approval and contingent on final review of development agreement by City Attorney and plat review by the City Engineer. Also contingent on presentation of restrictive covenants. 2. Motion to deny approval of the final plat and development agreement for the Vine Street Townhome project. STAFF RECOMMENDATION The City Administrator recommends alternative 1. SUPPORTING DATA Conditions noted in development stage PUD approval. Final Plat Restrictive Covenants (if available) Development Agreement (available at meeting). Development fee worksheet. Special Planning Commission Agenda - 03/25/02 and City Council Agenda - 03/25/02 7. Consideration of development stage planned unit development and preliminary plat for Vine Place Townhomes. Applicant: Front Porch Associates/Mike Cvr. (JO) REFERENCE AND BACKGROUND This report is provided both to the Planning Commission and City Council. A report on the Planning Commission action will be provided at the meeting of the City Council. At a special meeting on March 11, 2002, the Planning Commission reviewed the preliminary plat and development stage PUD submitted by Mike Cyr for the proposed Vine Place Townhome project and acted to table the matter to a special meeting of the Planning Commission to be held immediately prior to the City Council meeting scheduled for 3/25/02. A copy of the Planner's report from the initial review is attached. Subsequent to the special Planning commission meeting, staff met with Cyr and his engineer to review the site plan and found that many of the problems relating to the limited width of the property could be resolved by shortening the structures. This has been done by extending a portion of the garage into the structure. Total livable square footage was maintained by wrapping living space around the garage area. In summary, the additional time spent on the plan has resolved a number of issues and now places the plan to be approved at development stage. ALTERNATIVE ACTIONS 1. Motion to approve the preliminary plat and grant development stage approval of the Vine Place Townhome project. Approval contingent on the following: a. Final review of the landscaping plan by the City Planner b. Final review of engineering plans by the City Engineer C. Final review of the architectural design by the City Planner. Motion based on a finding that the development stage PUD is consistent with the concept stage PUD. Development of the project as proposed is consistent with the comprehensive plan and will result in increase of adjoining land values. 2. Motion to deny approval of the preliminary plat and development stage planned unit development. 5D Special Planning Commission Agenda - 03/25/02 and City Council Agenda - 03/25/02 STAFF RECOMMENDATIONS Staff recommends alternative 1. SUPPORTING DATA Copy of agenda item from Planning Commission meeting of March 11, 2002. Copy of site plan and landscaping plan. PA 5D Summary of expenses -Vine St Townhomes IQct-1AA 4 �QC ds�^ee March 13, 2002 �o M�`} ��s �p A rh eroa s r.,e� �.,.� ��e��.,,e.,•� W�' too - I an ssessmen s Based on 4.83 Acres - 29 Units. Park - $835 per unit (charge one half of full fee per CC) Pathway - $220 per unit Sanitary Sewer Watermain Storm Sewer Total amount to Assess Per lot Assessment based on 26 Units Letter of Credit/City Fees Sanitary Sewer V Y QIGI 11 IQII 1 Storm Sewer Road and Driveways Sidewalk and pathways Total Letter of Credit Amount (Total cost X 125% City Fee based on 6% or maximum of $,5000. 4.825 Acreage Acres Credit Charge $10,855.00 $835 26 Divided by 2 $5,720.00 220 26 $1,980 4.83 $0 $9,563.40 $1,560 4.83 $0 $7,534.80 $5,200 4.365 0.00 $22,698.00 Bret says small credit may be applicable perhaps about $2,000 $56,371.20 $2, 168.12 26 Const Cost TBD Tern 1 ov TBD TBD TBD $0 $0 $5,000 NSP - Lighting NA Developer expense Grading Fee NA None Trees/Landscaping Bond TBD 100% of Actual Cost W.. City Council Agenda - 4/22/02 5E. Consideration to approve amending the Contract for Private Development among Front Porch Associates, LTD, the Citv, and the HRA. A. Reference and Background: The Council is asked to amend the Contract for Private Development among Front Porch Associates, LTD, the City, and the HRA. The amendment is necessary as the vacated public streets, Grubbs, and Ruff parcels are being conveyed to Big Lake Lumber, not Front Porch Associates, LTD., the developer. The dollar amount of the TIF assistance remains the same as approved by the Council on March 25, 2002, which was contingent upon the City's sale to the developer of the portion of Vine Street right-of-way lying south of West 6"' Street within the defined project area. Dan Greensweig, Kennedy & Graven, is preparing the amendments to the Contract which will pertain to the conveyance of land to Big Lake Lumber. Additionally, the HRA attorney is preparing a purchase agreement on behalf of the city relative to conveying the vacated street right-of-ways. Big Lake Lumber and Front Porch Associates are preparing an Agreement which will address the method of release or conveyance of the parcels from Big Lake Lumber to Front Porch. The HRA requests of copy of the Said Agreement as an attachment to the Contract for Private Development. The original Contract for Private Development among Front Porch Associates, LTD, the City, and HRA was executed by all parties. The HRA will consider approving the First Amendment to the Contract at their meeting of May 1, 2002. B. Alternative Action: 1. A motion to approve amending the Contract for Private Development among Front Porch Associates, LTD, the City, and the HRA subject to review of the Agreement between Big Lake Lumber and Front Porch Associates by the HRA Attorney. 2. A motion to deny amending the Contract for Private Development among Front Porch Associates, LTD, the City, and the HRA. 3. A motion to table any action. C. Recommendation: The recommendation of the City Administrator is alternative no. 1. It is the understanding, Mr. Cyr has resolved the encroachment issues with Mr. Ruff and is ready to close on the vacated street right-of-ways. City Council Agenda - 4/22/02 D. Supportiniz Data: Excerpts of amended contract (if available) and City Council agenda item and minutes of March 25, 2002. City Council Agenda - 3/2/02 9. Consideration to approve entering into a Contract for Private Development amon; the HRA, the City, and Front Porch Associates, LTD.. (O.K.) A. Reference and background: The Contract for Private Development outlines the terms and conditions of TIF assistance to the developer, Front Porch Associates, LTD (Mike Cyr). The Contract was drafted by Dan Greensweig, Kennedy & Graven, and a copy provided to the developer. Generally, the Contract is executed or agreed upon between the parties by the time City Council approves establishment of the TIF District. Unable to assembly an HRA quorum prior to Council, the HRA will meet to consider amending the Contract to increase the level of TIF assistance from $163,000 to $220,000 on March 26. Assuming the HRA agrees, the total $220,000 assistance is disbursed as follows: $105,000 for Grubb parcel, $75,000 for vacated public streets, up to $27,700 for trunk fees associated with the 18 units and up to $12,300 toward curb and gutter.) The TIF assistance is the pay-as-you-go finance method at an annual interest rate of 7.25%. The semi-annual installments shall commence August 1, 2004 and are subject to certification that developer has paid for land and site improvement costs, no default has occurred, and a Certificate of Completion have been issued for at least 12 townhouses. The installments shall conclude February 1, 2020. Construction shall commence May 1, 2002, with at least 6 townhouses completed by December 2002, an additional 6 completed by December 2003, and an additional six completed by December 2004, and the remaining 8 by December 2007. The minimum improvement means square footage of approximately 1,320 sq ft main level. living space at a initial market value of at least $148,000. The developer must provide financial commitment for acquisition and construction costs and evidence of initial purchaser's income. The Council is asked to approve entering into the Contract, as the city became a party to the agreement because the City agrees to vacate and convey the public street property. Although the developer preferred a warranty deed, the HRA Attorney recommends the use of a quit claim deed rather than a warranty deed when public assistance is provided. However, title insurance is required. One concern of Mike Cyr's is the unresolved encroachment on the vacated Vine Street. Attached is a summary of the area charges and assessments for the Front Porch project as directed by Council and prepared by staff. The Development Agreement drafted by Jeff O'Neill is scheduled for completion in mid April and will include the area charges and assessments. The Development Agreement will be approved along with the final plat approval for Vine Street Townhouse project. As noted above, TIF will reimburse the developer for the sanitary sewer, water, and storm sewer trunk fees associated with the 18 units. 1 _IS City Council Agenda - 3/25/02 B. Alternative Action: 1. A motion to approve entering into the Contract for Private Development among the HRA, the City, and Front Porch Associates, LTD. 2. A motion to deny entering into the Contract ............................. 3. A motion to table any action. C. Recommendation: Recommendation is Alternative No. 1. Although the level of TIF assistance increased and according to the TIF cashflow, the HRA can still decertify the district in fifteen years from the date tax increment is first collected. D. Supporting Data. Excerpts of the Contract and summary of expenses. 2 Council Minutes - 3/2-5/02 contract because the City agreed to vacate and convey the street right-of-way. On Wednesday night the HRA is considering total assistance of $220,000 which is $57,000 more than approved previously because development costs for the project had increased. Initially $58,000 of right-of-way cost was going to be covered by TIF assistance now all of the right-ot-way cost will be covered. The TIF district is designated for 15 years of assistance even though the life of the district is 25 years. The contingency on the sale of the right-of-way should be added to the contract language. CLINT HERBST MOVED TO APPROVE ENTERING INTO THE CONTRACT FOR PRIVATE DEVELOPMENT AMONG THE HRA, THE CITY AND FRONT PORCH ASSOCIATES, LTD CONTINGENT UPON THE CITY'S SALE TO THE DEVELOPER OF THE PORTION OF VINE STREET RIGHT-OF-WAY LYING SOUTH OF WEST 6'r" STREET WITHIN THE DEFINED PROJECT AREA. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of landscaped medians with the Countv State Aid Highway No. 7- improvements. Landscaping for the medians was discussed. The Council questioned whether any grass was going to be planted in the medians. Becky Hauschild from WSB stated that the grass was more difficult to maintain and was more labor intensive because of the mowing. The plantings were designed to be a weather hardy mixture of trees and shrubs. No irrigation system for the plantings was being proposed. The Council discussed whether water shouldn't be stubbed to the medians. Becky Hauschild will check on the cost of running the stubs in. Bruce Thielen stated he would like to see a two year guarantee on the plantings instead of the one year proposed. BRUCE THIELEN MOVED TO APPROVE THE LANDSCAPED MEDIANS AS ILLUSTRATED AND AUTHORIZE WSB & ASSOCIATES INC. AND NORTHWEST ASSOCIATED CONSULTANTS TO PROCEED WITH THE FINAL DESIGN WITH THE ADDITION OF INSTALLING WATER STUBS AND ADDING A TWO YEAR GUARANTEE ON THE PLANTINGS. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Other Items: Roger Carlson reported that the ATV ordinance was discussed at the Parks Commission meeting. The Parks Commission will be setting up a committee to review this. Under the present ordinance ATV's are not allowed to operate on city trails or right-of-way. The committee will be looking at whether an area should be designated for their use. Brian Stumpf indicated that he would be willing to serve on the committee as a representative from the Police Commission. Clint Herbst brought up a memo received from Tom Salkowski the Administrator for the MOAA Board. "I,he Council discussed the upcoming rezoning request by Gary Schluender to zone the property to 7 �. City Council Agenda - 04/22/02 5F. Consideration of re -zoning the Groveland 11 subdivision from A -O to R-1 designation. (JO) REFERENCE AND BACKGROUND This is a housekeeping matter. In checking the record on Groveland II we found that the City Council approved the final plat but did not take formal action to re -zone the property from A -O to R-1. As you know, according to code when land is annexed it automatically enters the City under A -O designation, it then needs to be re -zoned to fit the comprehensive plan designation. ALTERNATIVE ACTIONS 1. Motion to amend the zoning map by re -zoning area encompassed by Groveland II from A -O to R- I, based on the finding that the re -zoning is consistent with the comprehensive plat. 2. Motion to deny amending the zoning map. STAFF RECOMMENDATION The City Administrator recommends Alternative 1. SUPPORTING DATA Copy of final plat for Groveland Phase II 137.24 L _ 14� _ J L_ J ial-9e \ <! /�� ai5. 0 ♦ _— "� ]11.0! ! c. eb /14 00 6\TL9� 502'I6'26'W 294.19 ! \ \ \ \ i �.�" \! t< 39 ff 1 r - as - l r— eo.ao _ 4" \ V \ .! "'• O ! '' �. ,p / \ B: d./ �,y.,9 � _ �`�' + 1 I I I I I I NII ��• ! e�' �' �• ! \� . !! 9g ��,, v1 \ .! OZJ 'O/ \ ' \ } •aFs.�t•v I I I I I I \ \f tg'\C-? _I L," R" J L ac �g N $ \a�,� U - s� J L �*pz J L ?- i' , ,>; \,. OD ! '� @ t+. ! W .s to zz9626w 230.69 502'' b V � �W� �\ eS�� c•``' btQ-.� � i � 8" / \ � d'! Q tie < LS' 9t `G b� ♦ 4 3•Zyt.�`' � 502.16'26•W 230 69 _ ' _ 00 08 t' i / \ \�. � , / 4r ! N \ 90.E--1QZ \' � ►r�'.','�o` � '• � :> K tJ � � 1 I 1 j'" 1 \ N ! .� .d� + � / \ �(\ 8� �' n� \ �'°� � �uj O - 1� L-4 C N 8 `, l-1 n C ccs e t$ J a7! `�. +�' - r."cc�• 1 9gy51"' -� I� � ! dna !! '6 4r \ '�j L":s.K. }+? rnob 106V 15%ar my U 1 _ _ .// o, •4 Oq J �� '� `�. � !% \ `� ��" � ' cs 00 ! ! tG .bey/ y � P`. ! '� \ ,� �•y � \ � -..y`. -_/ < _ d'a // 88 y\, � •� � ) �c° .\\ � //%y N !�!'bo`,� moo,._ 2.')t y,l s76 $'! I N N S B R a' O�K'7s 8?o.op^I ++ d SODS.'S2'wI 23J. u / 01 . ('�Y Tf `'$ pk\�� n:? o. N00'54.52 -E 193.9 v / / S y vS% t r �V Pit 1 1, D ! swIAI"'► Wu. 4 C aFP 8' 4 rooxsx•c ! I may. g L 8' / "� ,�-8msi5i7t _ _ J � --t.seo' - P 6 c.� � o1•N ,, + —XOW3220 -j n g o A N�� O �'4•� Io is ym o y 4 v to m 0o I mg� Sky 9 m I � w <o O I o ?DJ� I ! O co SW'54'52'w 23.01 �L�i�• ~ $' I N N S B R 04 Npp'54'52-E 193.96 --I Soo - WN r– .- SOON scu C= / Drl L co �„2ss e..i/ < o-zeo. W L Qf a +i , / � tlal� ^_�anr •— rte..—...— .ggr,... _ S_- .. _...—.. / / 1-74 77 J% soup! g V ' /r" ! s d i -!^- 'aO _ -- EAS' (�l TWP OF THE NEI/4oN 15. 1121, R. t�. 25'/ yt� , � O_ r r �m , O � 0O �> p 70, 1 �S? `N A <(C2 -0 1�� . �2 ..m� TAz p pm H rn Council Agenda - 4/22/02 5G. Approval of contract with Houlund Transportation for Heartland Express Bus Service for vear 2002. (C.S., J.G.) A. REFERENCE ANIS BACKGROUND: The City of Monticello contracts with Hoglund Transportation to provide service for the Heartland Express Bus. The current contract was originally executed for the years 2001 through 2004 with extensions allowed for 2002, 2003, and 2004 provided the rates did not increase more than 4 percent. The rate for 2001 was $26 per hour, and the rate proposed for 2002 is $27.04 per hour which would be a 4 percent increase. This is within the provisions of the contract extension agreement, thus allowing for approval without renegotiating the contract. As of December 31, 2001, the contract expired and the City will need to approve a contract retroactive to January 1, 2002. Please note that in the event that a replacement bus would need to be purchased, the amount per hour could be renegotiated. Currently, it is not planned to replace the Heartland Express in 2002. B. ALTERNATIVE ACTIONS: 1. Approve the extension of the contract for Heartland Express bus service with Hoglund Transportation at $27.04 per hour for the year 2002. 2. Deny approval of the contract and halt bus service for the year 2002. C. STAFF RECOMMENDATION: Staff recommends that Council approve the extension of the existing contract with Hoglund Transportation for 2002. The City Administrator finds that a 4% increase is acceptable. D. SUPPORTING DATA: Copy of proposed contract. CITY OF MONTICELLO PUBLIC TRANSIT PROGRAM CONTRACT This contract is made by and between the City of Monticello (hereinafter referred to as "City") and Hoglund Coach Lines, Ltd., (hereinafter referred to as "Operator"). WITNESSETH THAT: WHEREAS, the City desires to develop and maintain a public transportation system, and; WHEREAS, the City desires to contract for operation of the vehicles and related services; WHEREAS, the City has completed a competitive bidding process in selecting the service provider. NOW, THEREFORE, in consideration of the mutual covenants and agreements as hereinafter set forth, the parties to this contract mutually agree as follows: TERMS OF AGREEMENT Both parties agree that this contract shall be effective from January 1, 2002, through December 31, 2002. GOALS AND OBJECTIVES The transportation service provider will work cooperatively with the City toward successful completion of goals and objectives. Listed below are goals and objectives identified by the City of Monticello in its preliminary 2002 Transportation System Management Plan. GOALS • To keep the "cost per mile" to below $3.00. • To improve the ridership statistics for "passengers per mile" to .50 and "passengers per hour" to 6. • To reactivate the transit advisory task force for the City. • To coordinate with Wright/Sherburne River Rider to assist with ridership between communities. 1. Cost Efficiency Establish a service level designed to encourage ridership while maintaining reasonable operating costs through efficient use of employees and a 20 -passenger vehicle. Cntrct2002.bus: 4/22/02 Page 1 2001 Projected Estimated Miles: 305000 2001 Projected Cost per Mile: $3.14 2. Service Effectiveness Achieve a ratio of .5 passengers per mile. 3. Cost Effectiveness Obtain rate of 6 passengers per hour. TRANSPORTATION SERVICE LEVEL 1. Service Area The Monticello Heartland Express is intended to service the population residing within the city of Monticello. Transportation is provided to locations outside of the Monticello city limits as follows. 1. Kjellberg's West Mobile Home Park adjacent to the city on State Highway 25. Of primary importance is maintenance of a transportation service level that will attract citizens of Monticello, as the City of Monticello is the primary source of local revenue for this program. Therefore, except for service outside the city noted above, extension of transportation service to areas outside the Monticello city limits will be phased in as the service demand and concurrent impact on service delivery becomes better understood. Extension of service level beyond city limits will be considered by the City Council and MTRAC when it can be demonstrated that service expansion will not diminish capability of the system to offer a desirable service level to Monticello citizens. In addition, it must be demonstrated that the City portion of the cost to deliver service to the outlying areas can be recovered through a combination of user fees and through added cost efficiency created by new ridership. At such time that the bus service is expanded into outlying areas, the City Council of Monticello will establish bus fares that reflect the added cost of servicing outlying areas that do not contribute to the local share revenue generated by taxation. 2. Bus Service Operator agrees to provide an estimated 2700 hours of transportation service utilizing an operator -owned bus. City agrees to contract for a minimum of 2200 hours annually. It is understood that the bus is the primary transportation vehicle and that transportation should be provided exclusively by this vehicle if possible. It is recognized that, from time to time, service demand will exceed the capacity of a single bus. During peak demand periods, the Operator agrees to operate a supplemental vehicle. 5G Cntrct2002.bus: 4/22/02 Page 2 Operator has the latitude to provide supplemental vehicle service when service demand exceeds the capacity of the primary bus. However, Operator -directed supplemental vehicle use must be coordinated with the City in order to manage hours budgeted for additional service. Hours designated for supplemental service shall not exceed 400 hours. The Deputy City Administrator or Finance Assistant is authorized to direct the service provider to provide supplemental vehicle service. 3. Tvpe of Service to be Operated The service provider will operate "deviated route" transportation service. The bus will follow a designated route on an hourly basis, but allowing the driver to pick up riders at their home or specified site, time permitting. The system is open to the general public and is handicapped accessible. 4. Days of Operation The service operates Monday through Friday except for certain holidays such as New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas Eve and Christmas. 5. Contract Hours The City will contract for 2700 hours of service but reserves the right to reduce total hours below 2700. The City will not reduce hours less than 2200. In addition, if additional revenue becomes available, such funds could be used to expand transportation hours. 6. Hours of Operation Hours of operation shall be as follows: 8:15 a.m. to 5 p.m., plus .25 hours/day prep time, which equals 9 hours per day. 7. Surplus Hours Total scheduled hours amount to approximately 2300 hours. Surplus hours equal the difference between total contract hours and scheduled hours. These additional hours may be used for special events and to bring a second bus on line during peak demand periods. Cntrct2002.bus: 4/22/02 Page 3 FARES The proposed fare structure calls for a base fare of $1.00 per one-way ride. This fare will apply to all city of Monticello riders, including elderly, children over the age of 6, and adults. Children under 6 years of age may ride free with a parent or guardian. Reduced fares will be available to all potential users of the system through the purchase of punch cards. Reduced fares can be obtained when punch cards are purchased in bulk per the following table: Base rate: $ 1.00 10 -ride punch card: $10.00 40 -ride punch card: $25.00 ($.82 ride) Bus drivers will sell punch cards on the bus but will not make change for individuals paying the base fare. Punch cards will be sold on the bus and at city hall. The Finance Department will be responsible for coordinating printing, distributing punch cards, and collecting transit revenue. The process for depositing fare revenue requires that, at least once per week, the bus driver shall deliver the previous days' fares and ridership reports to the city's Finance Department. At the close of the month, the fare box must be emptied the morning immediately following the last day of the month. Fare money will be deposited and accounted for according to the attached fare collection and handling policy (Exhibit A). The cost per ride to and from individual mobile home units within the Kjellberg's West Park costs $2 per ride. This service will require a fare of $2 per one-way trip, or double punches on a punch card. COLLECTIONS, BILLINGS, AND REPORTS The Driver shall collect fares under the fare schedules and contracts of the City, account for riders and fares daily, and may sell punch cards. Checks or exact change must be used and passengers will deposit money directly into the fare box. Drivers shall not handle any money. Driver accounting of ridership punch card sales and fares shall be accounted for and verified by a City employee as specified in the fare collection and handling policy (Attachment A). Drivers shall complete daily route sheets (format provided by the City) indicating total number of passengers, number of elderly, wheelchair passengers (disabled), children/student, adult passengers, free rides for children and adults, ride denials, and record of punch cards sold. From time to time, the driver may be asked to record additional information regarding bus usage. Monthly bills shall be based on hours of service provided during that month at the agreed upon hourly rate plus actual fuel expense. Bills shall be submitted monthly to the City no later than the 5th day following the end of the month, including documentation required by MN/DOT. CntrU2002.bus: 4/22/02 Page 4 The Operator shall complete a monthly report and submit it with their bill, including the following information: 1. Miles and hours per vehicle per day. 2. Fuel gallons and taxes per vehicle per day. 3. Number of punch cards sold per day and amount of each sale. 4. Other costs. MARKETING 1. The City staff working with MTRAC (Monticello Transportation Advisory Committee) shall provide program publicity, and the City shall pay for publicity costs. The Operator agrees to cooperate with transit system publicity. This may include, but is not limited to, vehicle markings, ads on the inside or outside of the vehicles, employee badges, and distributing flyers at regular stop sites and to passengers. 2. The City of Monticello will strive toward development of a clean and efficient transportation service which contributes to positive word-of-mouth advertising. The service provider will cooperate with this effort by maintaining a clean and attractive bus. Service image will focus on providing "coach" service rather than bus service. COORDINATION WITH EXISTING TRANSIT OPERATIONS The degree in which this program is coordinated with the Annandale Heartland Express, the Sherburne -Wright County River Rider, and 5310 transit providers has been limited. On occasion a Monticello rider will be transferred to a River Rider system vehicle for transport to points in Sherburne or Wright County outside Monticello Heartland Express immediate service area. Likewise, on occasion a Sherburne County rider is transported to a drop-off point in the Monticello transit area, with the Monticello system then transporting the individual to a specific point in the city. A study has been completed by the Minnesota Department of Transportation which has revealed the need to coordinate local systems. The provider will be expected to facilitate and integrate service delivery of the Monticello Heartland Express with other local bus systems. OFFICE AND DISPATCHING The Operator shall provide necessary office space for routine business and dispatching activities. Telephone line(s) for rider information and reservations shall be manned during regular service hours. The Operator shall provide a telephone answering machine for after-hours messages to riders. Cntrct2002.bus: 4/22/02 Page 5 S cD Rides are currently reserved as follows: Individuals with a consistent need for transportation are allowed to make "standing reservations" in advance. 2. Calling in advance to reserve a ride (less than 48 hours) is encouraged. The bus driver is responsible for resolving scheduling conflicts with standing reservations. The goal is to keep standing reservations without alienating or discouraging other riders. If a scheduling conflict cannot be resolved by bus driver, the caller should be referred to the City of Monticello. 3. The bus driver is responsible for recording rides that could not be accommodated (denials) for any reason. These should be noted on the daily route sheet next to the time frame requested. The reason should note time and destination of desired ride and reason that rider could not be accommodated. 4. Calls for immediate service are common. The goal is to take as many as possible by working them into the deviated route schedule. 5. City staff and MTRAC will continue reviewing alternative methods of transit service, that could provide more system efficiency and attract more riders. Suggestions from the third party contractor are encouraged and welcomed. 6. City staff and MTRAC will consider contracting with Sherburne -Wright River Rider for centralized dispatching services. This would replace dispatching by the bus driver or third party contractor. DRIVER UNIFORMS The Operator shall provide or require employees to provide and wear clean, seasonably appropriate clothing. This may include, but is not limited to, shirts of a standard color and dark - colored long pants. Any public transit badges or further uniforms required by the City shall be provided by the City. DRIVERS The Operator shall employ qualified drivers sufficient in number to operate the service for the hours contracted. Drivers shall be trained by the Operator to ensure proper attitude, courtesy, and safety in transporting passengers. Drivers shall be trained in defensive driving, use of lift and assisting passengers with disabilities, and emergency procedures. Drivers shall be provided training as follows: 1 hour emergency procedures, 4 hours defensive driving, 6 hours passenger assistance. The provider must comply with driver drug testing requirements as defined by the Federal Transit Administration. Drivers shall be familiar with the geographic area served. Drivers must maintain at least a class "B" license. Drivers must provide proof of a physical exam as required by state statute. Cntrct2002.bus: 4/22/02 Page 6 All drivers must be screened by the City and Operator for accident history and driving violations. To the extent possible, drivers shall be screened for criminal history and investigations of reported abuse or neglect involving minors or vulnerable adults. Drivers must meet all federal and state laws and rules and regulations pertaining to the operation of a public transit vehicle as specified. OTHER PERSONNEL The Operator agrees to employ other needed support personnel including, but not limited to, administrative, clerical, and dispatch as good business judgment may deem necessary to comply with this agreement. Training shall be provided by the Operator. The Operator agrees to meet requirements of the Federal Drug and Alcohol Administration and the State of Minnesota Department of Transportation regarding drug and alcohol testing and reporting. This may include quarterly testing and submission of reports, attendance at training seminars, and annual adoption and submission of a drug and alcohol policy. PERSONNEL EVALUATION The Operator agrees to discuss expectations and performance frequently with employees. In the event of public complaints to the City regarding Operator employees, the City shall provide the Operator a written summary of complaints received. The City shall require the Operator to discuss performance expectations and any unsatisfactory performance with employees and to sign and have employees sign to document these discussions. VEHICLES The Operator shall provide: One 21 to 25 -foot bus with wheelchair lift and secured seating for two passengers in a wheelchair. Bus shall have a minimum seating capacity of 19 passengers, including wheelchair passengers. The bus shall have retractable seat belts installed with every seat. All specifics of vehicles must meet all federal and state laws, rules, and regulations for operation and must meet all ADA requirements. Operator shall finance and coordinate application of paint and stylized markings identifying the bus. Paint and marking design shall be established and approved by the City. Detailed bus specifications shall be reviewed by city staff and MN Department of Transportation. In order to maintain program and bus identity, the transit program bus shall not be used for private purposes without prior approval from City staff. 5Q� Cntrct2002.bus: 4/22/02 Page 7 2. Operator shall provide one handicapped accessible vehicle intended to supplement bus service. Special painting of the supplemental vehicle as a public transit vehicle is not required; however, a magnetic identification strip placed on the vehicle while in operation as a transportation vehicle is required. 3. No replacement vehicle is provided in the budget year 2002. However, should the need arise to replace the bus, the hourly rate would be subject to renegotiation. RADIO COMMUNICATION EQUIPMENT AND LICENSE The Provider will provide and maintain a mobile phone for use in the bus as the primary means for dispatching. The hourly service charge under bus service includes ongoing communication cost to operate the mobile phone, including all toll calls. The Operator will also provide vehicle and office radios. Radio equipment purchases, licensing, maintenance, ongoing costs, and toll calls for Operator -owned vehicles shall be the Operator's responsibility. The primary purpose for the radio is to provide backup communications to the mobile phone. The Operator agrees to apply for and maintain required communication licenses for the Monticello Heartland Express. Both parties agree to comply with applicable laws and policies and to cooperate in submitting required licensing, documents, and reports. MAINTENANCE, FUEL AND LUBRICANTS, REPAIRS The Operator agrees to provide for all routine maintenance of vehicles, including lubricants, supplies, and tools. Vehicle maintenance shall be done following the manufacturer's suggested guidelines provided with each vehicle and records must be kept on file for review at city's discretion. Drivers shall complete daily inspection forms and vehicle defect forms. The Operator agrees to maintain a clean interior and exterior vehicle appearance as determined reasonable by City staff. The Operator shall be responsible for making or arranging for needed repairs to City and Operator owned equipment, including warranty work, parts replacement, and tires. Monthly reports must be kept on file for review at city's discretion. Mileage/maintenance expenses shall be incorporated into the hourly charge. Fuel and lubricant related expenses shall reflect the actual cost of said expenses to be paid on a monthly basis by the City. The City reserves the right to select the fuel point of purchase. EMPLOYEES OF OPERATOR No employees retained by the Operator shall be considered employees of the City. SC� Cntrct2002.bus: 4/22/02 Page 8 MONTICELLO TRANSPORTATION ADVISORY COMMITTEE (MTRAC) The Operator and the City's staff shall meet regularly with MTRAC appointed by the City Council to serve as an advisory group to the transit service. The City Council shall define the roles and authority of the committee regarding major policies, contracts, and changes. REVENUE CONTRACTS The City will retain sole authority to contract with private and public organizations to secure additional transit revenues. INSURANCE The Operator shall be required to provide the following insurance policies with minimum coverage set at the liability limits for the State, as set forth in Minnesota Statutes, Section 3.736, subd. 4: (a) Workers' Compensation Insurance: In accordance with statutory requirements and including coverage B, Employers Liability, at limits not less than $100,000 bodily injury by disease per employee; $500,000 bodily injury by disease aggregate; and $100,000 bodily injury by accident. (b) Commercial General Liability: Including coverage for bodily injury, sickness or disease, death, and for care and loss of services as well as from claims for property damage including loss of use which may arise from operations under this Agreement. Minimum insurance amounts are $1,000,000 per occurrence and $2,000,000 annual aggregate. In addition, the following coverages should be included: Bodily Injury and Property Damage, Products and completed Operations Liability, and Blanket Contractual Liability. The State of Minnesota must be named as an additional insured. (c) Commercial Automobile Liability: Including coverage for claims for damages for bodily injury, sickness or disease, death, and for care and loss of services as well as from claims for property damage including loss of use which may arise from operations under this Agreement. Minimum insurance amounts are $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. In addition, the following coverages should be included: Owned, Hired and non -owned. The State of Minnesota must be named as an additional insured. (d) Insurance policies must be obtained from an insurance company having an "AM BEST" rating of A -VIII or better. The City and MN/DOT shall be included as an additional named insured on the Operator's insurance as required by the Minnesota Department of Transportation. Operator shall not commence operation until it furnishes the City and the MN Department of Transportation with certification of insurance. Cntrct2002.bus: 4/22/02 Page 9 TERMS OF AGREEMENT The bid specification calls for a contract period extending from January 1, 2001, and may be extended annually through December 31, 2004, with the agreement of both parties. Contract agreements will be contingent on availability of federal, state, and local funds, and ongoing demands for service. Contract amendments may be made at any time with the agreement of both parties. All contracts and amendments are subject to approval by MN/DOT. The City may extend the contract in one year increments through 2004, in addition to the contract period for 1/1/O1 through 12/31/01 providing the annual cost to extend the contract does not exceed 4% of the previous contract year's amount. Contract rates: January 1, 2001, to December 31, 2001 $26.00 per hour January 1, 2002, to December 31, 2002 $27.04 per hour Note: In the event it becomes necessary to replace the Heartland Express vehicle, the hourly contract amount would be subject to renegotiation. It is not planned to replace the bus in 2002. TERMINATION OF AGREEMENT In the event the Operator breaches the terms or violates the conditions of the bid specification/contract and does not, within thirty (30) days thereafter, cure such breach or violation, the City may terminate the contract immediately. In the event the City breaches the terms or violates the conditions of the contract and does not, within thirty (30) days thereafter, cure such breach or violation, the Operator may terminate the contract immediately. CITY OF MONTICELLO Title Date Cntrct2002.bus: 4/22/02 HOGLUND COACH LINES LTD Title Date 5& Page 10 COMPLIANCE REOUIREMENTS The Operator will agree to comply with all applicable federal, state, and county laws, regulations, and policies, including fair labor laws, civil rights laws, workers' compensation, unemployment compensation, sexual harassment, affirmative action, and special Chapter 13C warranty protecting individual employees against a worsening of their positions. The Operator will agree to cooperate with any monitoring or audit visits of the city, state, or federal government, including on-site inspections, disclosure of records, and surveys of passengers. The Operator will agree to maintain financial books and records in accordance with generally accepted auditing standards. Violations of Public Contracts,: The Operator must certify that they are not included on the United States Comptroller General's list of persons or firms currently debarred for violations of various public contracts incorporating labor standard provisions. Price Collusion, Disclosure: The Operator will be required to certify that the prices in this contract have been arrived at independently without collusion or consultation for the purpose of restricting competition, prices have not knowingly been disclosed to any competitor, and no attempt has been made or will be made to induce others to submit or not to submit a bid in the future for the purpose of restricting competition. Conflict of Interest: The Operator will agree to certify that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner with the performance of services required in this agreement and agrees that no person having such interest shall be employed. Equal Employment Opportunity: In connection with the operation of the Monticello Heartland Express, the Operator will agree that it shall not discriminate against any employee or applicant for employment because of race, color, sex, or national origin. Operator will take affirmative actions to ensure that applicants are employed and that employees are treated during employment without regard to race, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selections for training, including apprenticeship. Services: Services performed by the Operator under this contract shall be performed in a diligent and competent manner, and their performance shall be subject to review and inspection by MN/DOT through its designated agents at all reasonable times. Insurance: The Operator shall be required to provide the following insurance policies with minimum coverage set at the liability limits for the State, as set forth in Minnesota Statutes, Section 3.736, subd. 4. Reference "Insurance" section of this contract for specific details. Cntrct2002.bus: 4/22/02 Page 11 Indemnity: The Operator agrees to indemnify and hold harmless the City, its agencies, agents, and employees, and MN/DOT from and against all claims or demands, including reasonable attorneys fees in defense thereof, of every nature on account of injury to or death of persons, or damage to or loss of property, caused by or resulting in any manner from any acts or omissions of the Operator, its subcontractors, or its agents or employees in performing or failing to perform any of the service, duties, or operations to be performed by the contractor and its subcontractor under this contact. It will be understood and agreed that any and all employees of the Operator and all other persons employed by the Operator in the performance of any of the services required or provided for under this contract shall not be considered employees of either the City or the State and that any and all claims that may arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims by and third parties as a consequence of any act or omission on the part of said Operator's employees while so engaged in any of the services to be rendered under this contract by the recipient shall in no way be the obligation or responsibility of the City or the State. Non -Waiver: The failure of MN/DOT or the City at any time to insist upon a strict performance of any of the terms, conditions, and covenants herein shall not be deemed a waiver of any subsequent breach or default in the terms, conditions, and covenants herein contained. Transportation Regulation Board: Under circumstances and conditions where regulations apply, the furnishing of all services and the charges to be made to passengers in connection therewith are expressly subject to the approval, certification, and licensing of the Transportation Regulation Board or its jurisdiction over any of such matters. 5c� Cntrct2002.bus: 4/22/02 Page 12 ATTACHMENT A Monticello Heartland Express FARE COLLECTION AND HANDLING POLICY • Bus money is not handled by driver for passenger transactions. • Bus driver does not carry any change. • Bus driver does not have access to money in fare box - key is kept at city hall. • Passengers place money directly into fare box - must have exact change. • Passengers can purchase punch cards (10 rides for $10 or 4 cards for $25) - payment by check or exact cash. Bus driver hands out punch card(s) - passenger places money into fare box. Bus driver notes purchase of punch cards on daily route sheet. • Punch cards are punched by driver for each 1 -way ride. • No charging of rides is allowed without permission of Deputy City Administrator or Finance Assistant. Any charged rides will be billed at $1 per one-way ride (no discounts). • Daily route sheets should include the following information: accounting of all one-way rides within 5-15 minute increments; breakdown of riders by elderly, disabled, children/student, adults and free rides for adults and children; daily mileage; gallons fueled (if applicable); number and amount of punch cards sold; and ride denial notes. • Ride denials must be noted by driver for every occasion and should include time and destination of desired ride and reason rider can not be accommodated. • Bus driver brings daily reports and fare box to city hall to be exchanged with empty box. Fare box and reports must be brought in no less than once per week (per contract). To close the end of the month, the fare box must be brought in and exchanged the morning immediately following the last day of the month. • Authorized city employee removes the money from the fare box, places money into storage envelope with daily reports, and places envelope in safe at city hall. • Two city employees count money and reconcile to daily route sheets. • All bus monies are deposited by city staff on a monthly basis. SG Cntrct2002.bus: 4/22/02 Page 13 Council Agenda - 4/2202 7. Public Hearina.-Consideration of a resolution adopting proposed assessment roll for delinquent utility bills and certification of assessment roll to County Auditor. (RW) A. REFERENCE AND BACKGROUND: The City Council is again asked to adopt an assessment roll for utility billing accounts which are delinquent more than 60 days and to certify the assessment roll to the County Auditor for collection on next year's real estate taxes. The delinquent utility accounts that are included with the agenda are accounts that are at least 60 days past due and include all new delinquents from the last time we certified thele. In addition to the delinquent amount, the Council also previously approved the establishment of an administrative fee of $50 per account that is added to each delinquent assessment. The amounts shown on the enclosed delinquent utilities list include the additional $50 administration fee for the preparation of the assessment roll. It is recommended that the delinquent accounts be put on an assessment roll for certification at an interest rate of 6% as allowed by state statute. As in the past, if any accounts are paid within 30 days after the adoption of the assessment roll, they can be paid without the additional interest. After 30 days, payments will be charged interest. B. ALTERNATIVE ACTIONS: Adopt the assessment roll for the delinquent charges as presented. 2. Based on public hearing input, adjust the assessment roll as required. C. STAFF RECOMMENDATION: It is staff recommendation that the Council adopt the assessment roll as presented. All of the accounts are at least 60 days past due and have been given proper notice of this assessment hearing and ample opportunity to pay the accounts in full. All utility accounts were notified that there would be an additional $50 administrative fee attached to each outstanding balance if the account was not paid by 4:30 p.m. on April 2, 2002. D. SUPPORTING DATA: Copy of resolution adopting assessment roll Complete listing of delinquent accounts to be certified. CITY OF MONT�CELLO RESOLUTION NO. 2002-18 RESOLUTION ADOPTING ASSESSMENT ROLL FOR DELINQUENT UTILITY ACCOUNTS WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for delinquent utility account charges, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA.- Such INNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessments against the parcels named herein, and each tract of land therein included is hereby found to be benefitted by the assessment levied against it. 2. Such assessment shall be payable in one (1) annual installment payable on or before the first Monday in January 2003 and shall bear interest at the rate of 6 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2003 . 3. The owner of the 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 payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. 4. The City Administrator shall forthwith transmit a certified duplicate of this assessment roll to the county auditor to be extended on the proper tax list of the county, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council this 22"' day of April, 2002. 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REFERENCE AND BACKGROUND The City of Monticello is participating in the Wright County CSAH 75 project this year and is paying a portion of the costs as determined by Wright County's cost sharing agreement. The City has also included various portions of City -only improvements in the construction program to be bid by the County. The City has proposed to sell bonds to pay for the approximately $1.9 million City cost share. As a requirement of the bonding procedure, the City of Monticello must assess at least 20% of the cost to benefited property owners. This public hearing is a requirement of that process and is required to be completed prior to awarding the bid to the successful contractor. Normally, the public hearing would be held, the project completed, and then the assessment hearing would be held at the completion of the project to spread the cost to the benefited property owners. Unfortunately, three property owners were inadvertently left off the public hearing notice. Therefore, we would like the Council to hold the public hearing and then table it to the May 27, 2002 Council meeting. This is beneficial for two reasons: It will allow the City to notice the three property owners that were inadvertently left off the original list. 2. It will allow the City staff to discuss potential assessment options with the City Council in order to develop a pending assessment roll for the project. Attached to this item is a summary of the potential costs and some discussion related to what issues are related to the assessment process. Bret will be presenting the project at Monday's Council meeting and will briefly discuss the potential costs of assessments so that all property owners are aware that the City intends to assess a portion of the project. After that meeting, we would like to schedule some time with the Council to work through the assessment issues prior to the May 27t" Council meeting. B. ALTERNATIVE ACTIONS 1. Motion to table the public hearing to the May 27t" Council meeting. 2. Motion to close the public hearing. Call for a new public hearing for the three property owners on May 27"'. 3. Close the public hearing and don't call for a new public hearing for the three omitted property owners. C. RECOMMENDED ACTION It is the recommendation of the City Engineer that Option No. 1 be selected to table the public hearing until the May 27"' meeting and schedule some time to work with City staff on the proposed assessments for this project. (':Il�(X'1i,10.-1IdutirnKU,(X'ALS—/I"l'cniplPublicHeuriugAgeuduJ1e111 Joc WSB Memorrrnduin & Associates, Inc. To: Honorable Mayor and City Council Members City of Monticello From: Bret A. Weivs, P.E. City Engineer Date: April 19, 2002 Ike: Proposed Assessments CSAH 75 Improvement Project City of Monticello Project No. 2000-16C WS13 Project No. 1282-013 At the last council meeting, the City Council received a feasibility report related to the above - referenced project identifying the potential city project cost participation of approximately $1,900,000. These costs are based on a cost-sharing agreement with Wright County and involve the reconstruction of CSAR 75, installation of new watermain. rehabilitation of existing sanitary sewer, new and replacement street lighting, landscaping, and sidewalk/pathway construction. Wright County is the lead agency on this project and will be letting the contract for the majority of the improvements. The City's portion of the project cost is anticipated to be funded through assessments, trunk utility fiends, and project bonding. In order to satisfy the bondin(y requirements, the City must assess at least 20% of the project cost of the City portion of the improvements. The City can assess more than 20%, but must show that the assessed parcels benefit by the assessed cost. As a part of that process, the City is required to hold a public hearing for the proposed improvements prior to letting a contract and must provide the proposed project costs for the anticipated improvements. Many times at the public hearing. the proposed assessment roll is also provided. The assessment roll and method of assessment is not required until the project is complete, however, the City will be required to post pending assessments on all affected parcels. Because the City has been evaluating methods of assessing projects over the last several months, and because this project is not as straightforward as other reconstruction projects, we are providing information related to the project components and how they can be assessed and would like to work with the Council over the next few months to determine how the individual parcels will be assessed. The following describes the improvements and some assessment alternatives: Street Construction The street construction costs for this project consist of rehabilitation of the existing pavement, replacement of curb in specific locations, construction of a landscaped median to provide traffic channelization and protected left turn lanes, streetlight installation and rehabilitation, and signal construction at the intersection of CSAR 75 and CSAR 39 (Elm Street). CSAR 75 is a high volume county road that also serves as the local road for a number of residential and commercial properties. Eighty-four properties have driveway access onto CSAR 75 and do not utilize a local C: 1)0C'1 *A//:-1 J01111g, LOC. ILS l /cmp 04I JU_'-hnicr.,luc Honorable Mayor and City Council Members April 19, 2002 age 3) Sanitary Sewer Sanitary sewer improvements that are currently proposed involve relining the sanitary sewer for three blocks in the TH 25/CSAR 75 intersection. The sanitary sewer systems in that location are very old and in need of replacement. The relining process is slightly more expensive than open cut excavation, but is being utilized in this instance due to the existence of ground water and to minimize traffic disruption. The per front foot project costs is estimated at $43. The existing pipes are larger than what is required, so for calculating assessment costs we would recommend using the 8 -inch pipe project costs of $11/FF. This cost would only include the pipe installation cost and does not include dewatering or other miscellaneous costs. Waterrnain The project includes the replacement of the existing 6 -inch cast iron watermain from Chestnut Street to Washington Street with 12 -inch ductile iron pipe. The pipe will be constructed south of the existing pipe, which will require the replacement of the services on the north side of the street. The south services will be reconnected to the new pipe or replaced if deemed necessary during construction. Services According to City policy, services are the responsibility of the homeowner. Because of this, we are proposing to assess a portion of the service installation to each benefited parcel. The service cost may need to be adjusted since we are only replacing one side Z -- and that is to eliminate copper -to -copper connection. The anticipated costs are as follows: North Service Installation 59 services x $1,800/each = $106,200 Sidewalk Replacement (if required) 59 services x $500/each = $ 29,500 $135,700 Pipe .Replacenzent The proposed pipe replacement is a needed structural project to replace an aging cast iron pipe. Cast iron pipe has a tendency to become brittle and start to experience winter -watermain breaks. The increased fire protection and domestic flows from a larger pipe are benefits to the Surrounding property owners. The pipe cost of an 8 -inch pipe including a 10% contingency and 28% indirect cost amounts to�List over $17/FF, which could result in an assessment of $173,876. This compares to the actual replacement cost of approximately $40/FF. The commercial area would typically pay one half of a 12 -inch watermain or $22.50/FF instead of the above -noted $17/FF. Depending on Council direction, the commercial and residential properties could be charged different rates. C 1) WI'A/li-1 Jhn1-11k /.(1(.I/..1'--/ livnp llll')ll_'-hiucc.iluc Council Agenda - 04/22/2002 9. Review of bids and consideration of award for Sanitary Sewer Rehabilitation Project in the downtown area.. (J.S.) A. REFERENCE AND BACKGROUND: This item was tabled from the last meeting until after the Public Hearing for Project 2000-16C which would include sewer rehabilitation and replacement. As authorized by the City Council, bids were taken on Friday, April 5, 2002, for the lining of the old sanitary sewers on Broadway from Walnut Street to Cedar Street and on TH 25 from Broadway to 3rd Street. All three ofthese sewers were laid in the 1920's and of a larger size diameter due to the fact that they also handled storm water as well as raw sewage and then dumped directly into the Mississippi River. The two sewer lines on Broadway are in very poor condition. The sewer line on TH 25 has one bad area and several cracked areas. The slip lining process involves using a sock impregnated with polyester resins which is inserted into the sewer line and then expanded and cured in place with hot water. The service lines are then reopened with a cutter from the inside of the pipe. On April 5, 2002, we received three bids. Following is a tabulation of those three bids: COMPANY Lametti & Sons, Inc. Insituform Visu-Sewer Clean & Seal, Inc. BASE BID I BASE BID + ALT 1 $50,631.00 $65,291.00 $53,53_5.00 $68,185.00 $55,599.50 $691939.50 As can be seen by the above bids, Lametti & Sons of Hugo, Minnesota was the lowest base bid for repairing the two blocks on Broadway and a single spot repair on TH 25 for $50,631.00. They are also the low bid for the alternate which includes doing a complete repair to the block on TH 25 for an additional $14,650.00 or a total bid of $65,291.00. The spot repair which would not be needed would be deducted from this bid, thereby lowering it another $2,250.00 B. ALTERNATIVE ACTIONS.: The first alternative would be to recognize the bids and recognize Lametti & Sons as the low bidder for repairing all three lines for a total of $65,291.00, but to table the award of the bid to Lametti & Sons until after the public hearing for the entire CSAH 75 project which will be held on April 22, 2002. 2. The second alternative would be to award to the bid to Lametti & Sons for doing all three blocks in the amount of $65,291.00, based on the assumption that the City Council does not intend to assess any of the sewer realigning costs itself. The service lining or replacement would be done later as part of the CSAH 75 project and would be assessed. Council Agenda - 04/22/2002 C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator, City Engineer and Public Works Director that the City Council table the award ofthis project to Lametti & Sons, Inc. until after the public hearing on April 22, 2002, as outlined in alternative # 1, as we believe since the sanitary sewer is 78 years old that we would be justified in charging aportion ofthe costs to the adjoining benefitting property owners and, therefore, that can only be done after the public hearing. The costs for this portion of the project are being noticed with the public hearing notice for the CSAH 75 project. We are continuing to evaluate the results of the closed circuit inspection of service lines in the rehabilitation area. A few services do have problems (i.e., broken pipes, etc.). One of which is our own Chamber building. We will have more on this later. D. SUPPORTING DATA: Letter from WSB & Associates. WSB CSC Amociates, Inc. 415,;= Merrii way Suite:3 inn 4`• 763 _ April 8, 2002 Honorable Mayor and City Council City of Monticello 505 Walnut Avenue, Suite 1 Monticello, MN 55362 RE: Sanitary Sewer Rehabilitation and Appurtenant Improvements CSAR 75 and TH 25 City of Monticello Project No. 2000-16C WSB Project No. 1282-01 Dear Mayor and Council Members: Bids were received for the above -referenced project on April 5, 2002, and were opened and read aloud. A total of three bids were received. The bids were checked for mathematical accuracy and tabulated. Please find enclosed the -bid tabulation indicating the low bidder as Lametti & Sons, Inc., Hugo, MN in the following amounts: TotalBase Bid................................................................... ...............$50,631.00 Total Base Bid Plus Alternate No. 1 Total Bid ................................$65,291.00 We recommend that the City Council consider these bids and award a contract to Lametti & Sons, Inc. based on the results of the bids received. Sincerely, WSB & Associates, Inc. (OM +A J, -4 4 Bret A. Weiss,_ P.E. City Engineer Enclosures cc: Lametti & Sons, Inc. nm/sb Minneapolis • St. Cloud •Equal Opportunity Employer F.•\WPWIM1282-0Arecmmdtn Itr.doc es 21 :. E .r ".�� SANITARY SEWER REHABILITATION AND APPURTENANT IMPROVEMENTS CSAH 75 AND TRUNK HIGHWAY 25 CITY OF MONTICELLO PROJECT NO. 2000-16C WSB PROJECT NO. 1282-01 Date: April 5, 2002 Total Base Bid Plus Contractor Bid Security Total Base Bid Alt. No. 1 Total Bid 1 LAMETTI & SONS INC X $50,631.00 $65,291.00 2 INSITUFORM TECH USA INC X $53,535.00 $68,185.00 3 VISU-SEWER CLEAN & SEAL INC X $55,599.50 $69,939.50 Engineer's Estimate I hereby certify that this is a true and correct tabulation of the bids as received on April 5, 2002. Bret A. Weiss, P.E. ** Denotes corrected figure FAWPWIN\1282-01\bidtab\Bid Summary 2 1J cr a LU a O p w U M J 3 � O w cons U w � 2 � Z Z CJ �`` ,,AA VJ U z LU fA VJ'~^ D UO 2 O U 3 ui O o pCC w W 0V01 N m Go cr p a z F- wZ O p U p U m Q 3 U 06 O O W N u ? cc L n. w J W Q H Z V! D Wo O O LOO O O O O O O u ton Ono r" N O O O Lor) n LOLO Cd 1-7 tt7 N T T N •"- U 401. 0 0 0 o con O g 0 o O O O LO M LO o ai 6g 69 6e. T T O O O O O V o O O G O LOO m w O O O O O M C- N_ to LO Ln w 0 0 T N M M T r N LO 44 pg o o cn $ 0 0 0 O O No O o q! 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REFERENCE AND BACKGROUND,: Last year the Fire Chief Scott Douglas and myself discussed the possibility of banning open burning of materials stock piled from land clearing activities due to the fact that there were several other methods of disposal available today. City of Monticello residents have available to them the chipping service from the City and free drop off at the Wright County Compost Facility. Many contract chipping services and grinding services are available to contractors clearing land. In light of the maj or fire last year in Big Lake Township and the recent fire northeast of Buffalo, we feel it is important to make these ordinance changes before the coming summer. The first change under Section 5-4-3 (A) 5 eliminates open burning for the disposal oftrees, brush, grass and other materials/vegetative matter in the development of land and right of way maintenance. It adds back in open burning is allowed for the required maintenance and management of designated prairie grass areas when performed by or with the assistance of the fire department. The next change under Section 5-4-3 (B) 7 (a) allows the distance of 600' from an occupied residence to be reduced when the burn is performed by or with the assistance of the fire department. Lastly a small change is requested in Section 5-4-7 (A) under recreational fires. The statement previously read only dry wood, coal or charcoal can be burned in a recreational fire. We would like to change the wording to indicate that only dry raw wood that is unpainted and not treated can be burned in a recreational fire. Old painted woods and treated lumber when they are burned can represent a hazard to those people in the immediate vicinity of the burn and to nearby neighbors. A copy of the proposed ordinance is enclosed for your review under supporting data. B. ALTERNATIVE ACTIONS.: The first alternative is to make the changes to the ordinance as outlined above and as shown on the enclosed ordinance. 2. The second alternative would be not to make the changes as noted or to modify those changes. C. STAFF RECOMMENDATION.: It is the recommendation of the Fire Chief Scott Douglas and the Public Works Director that the City of Monticello approve the ordinance changes as drafted and described in alternative #1. D. SUPPORTING DATA: Copy of new draft ordinance. 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 Penalty 5-4-1: DEFINITIONS: (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 burning 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 of health hazards which cannot be abated by any other practicable means; 3. activities in accordance with accepted forest or game management; 4. ground thawing for utility repair and construction; 5. 1111. d6posal Vk1GC J, bi-Lish, glass, aad Vt Lat1VC 1-11a tC,1 111 the d�vclof,�l 1��d a1�d sigtz)ht-of-way ��Qi��t��a�� The ;•e��uire�l maintenance and management of designated prairie grass areas when performed by or with the assistance of the Fire Department. (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. l� (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. The distance can be reduced ,� ten tr�� 61'r" .n is performed by or with the assistance of the I lso" ctrl, Fire Department. (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. la 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: Fires set for recreational, ceremonial, food preparation, or social purposes are permitted provided the following conditions are adhered to: (A) Only dry raw wood, coal, or charcoal is burned. No painted or treated wood shall be burned in a recreational fire. (B) Fire must be contained within a 3 -ft diameter fire pit area. (C) Fire must not be left unattended. (D) Fire pit must be located in rear yard at least 60 ft from adjacent residential dwellings. (#252, 6/13/94) 5-4-8: PENALTY: Any person violating any provision of this ordinance is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law. (#3 5 8, 1/8/0 1 ) rim City Council Agenda - 04/22/02 11. Discuss concepts for assisting with re -use of St. Henrv's Church property. (JO) This item has been withdrawn based on new information provided to staff on Friday, April 19. City Council Agenda - 04/22/02 12. Consideration of a request for a variance to lot width in order to allow for a simple subdivision creating two lots from one parcel. Applicant: Church of St. Henry (JG) REFERENCE AND BACKGROUND The church of St. Henry is requesting a variance to the minimum 80' lot width in order to allow an existing parcel to be subdivided into two 66' wide lots fronting 4" Street. The existing parcel, located west of the church parking lot on the corner of Minnesota and 4t" Street, (see exhibit A) consists of Lots 4,5,6, and 7 of Block 22. The parcel is 37,308 sq. ft, with a frontage of 132' and an existing single family home on the east corner. Staff speculates that these four lots were administratively combined into one legal parcel unbeknownst to the church or prior to the church's purchase for ease of county record keeping. The church would like to simply split the lot in half along the same lot line used in the original plat. Chapter 23 of the City Zoning Ordinance establishes a set of criteria from which variance applications are to be evaluated. The ordinance states that when considering requests for variance, the planning commission must make a finding that the proposed action will not: a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. C. Increase the danger of fire or endanger the public safety. d. Unreasonably diminish or impair established property values within the neighborhood or in any other way be contrary to the intent of this ordinance. The ordinance further states that a non -economic hardship should be demonstrated to justify approval of variance requests. In consideration of the request for a variance to lot width, staff believes the request can be justified for the following reasons: 1. The width of 66' is the standard lot size in our downtown original plat district and all lots with this dimension were deemed "lots of record" when the ordinance requiring wider lots was established. City COL1nCil Agenda - 04/22/02 2. The lots being combined into one parcel wasn't of the church's doing, therefore it could be argued that the original lot dimensions or parcels should be reinstated as lots of record. 3. The new lots will still far exceed the standard for total sq. ft. as well as meet all other lot requirements in our downtown district. 4. The proposed simple subdivision (which has prompted the variance request) follows the intent of the code, which is to allow for narrower lots in our original platted R-2 district. 5. Approval of the variance request will not adversely impact surrounding properties. Staff feels it pertinent to inform the city council, the church, and the parcels future buyer of the rights of a substandard lot and issues that will need to be addressed if this variance and subdivision are approved. 1.) In actuality this simple subdivision will create two substandard lots of record which need to abide by the following provision in our code: A lot of record which does not meet the requirements of this ordinance as to area or width may be utilized for single family detached dwelling purposes provided the measurements of such area or width are within seventy-five percent of the requirements of this ordinance. Therefore although the R-2 district allows for Two Family Dwelling Units, since these lots will be substandard, they are allowed to be used for single-family detached structures only. 2. A survey of the existing parcel revealed the following: a. The existing building on the east corner of the parcel does not meet the sideyard setback requirement of 20 feet for a structure on a corner lot, therefore it is an existing nonconforming structure. b. The existing garage encroaches approximately 3' into the Public Right -Of -Way and will have to be either be removed or moved to meet code. City Council Agenda - 04/22/02 ALTERNATIVE ACTIONS: 1. Motion to approve the recommendation of the planning commission to allow the variance in lot width and simple subdivision based on the findings noted in this report subject to either one of the following conditions: a. The existing garage be either removed or moved to meet code or b. To approve a license allowing the garage to extend into the public right of way Minnesota Street. 2. Motion to deny the variance based on the finding that the applicant failed to demonstrate a non -economic hardship to justify approval of the variance. STAFF RECOMMENDATIONS Staff recommends alternative one. SUPPORTING DATA Exhibit A: Location Map Exhibit B: Aerial Photo Exhibit C Site Plan ��h If Church Parking Lot 3 ~ - ls7a - O �� alop 'oo W t i i i `` '+.' a.. e•y� � '_,A& ��^ fix-' w !'.� � �� 16 c��f tit 401 z ? m " psi �w " . `" � �� •r 16 oe LO �:c ',� � � 9�•„��o,• ~- " '. f 'sa,'. "� a e� r� ,�w1 a � -'� .. � ' "� �"trtJ , sh C �•, . i•u 4 w. i t r # y '•E� J" .* 1. �J iii' �? *�c:��+ -.T 4 ��' �. �•,.. S%".,.. � $ .{ � t a' •� �.e�_ .. tri I. It R p ty IL IBM. a •i• .. r ,G t� r`u.. � �� .� �. ^.777"` �« ;� Y� 4 ��,� {� ,a � • � � �x� 4 � tai ' n w: I W07, in INN r s , yr, .�R r .,. : i .xsi ;"tif'.�. A dt. :` tdf „ ;�: �;,?ffi i,, "�.h,-.a `i` �S._. •.e 2 �• ty, 13. Consideration of resolution updating Municipal State Aid Street system for the City of Monticello. A. REFERENCE AND BACKGROUND As a requirement of the Municipal State Aid system, the City is able to designate 20% of its local streets to the State Aid system. With the recent growth, our system has mileage available for designation. We are proposing to use 1.24 miles of its available 2001 certified mileage of 1.54 miles by designating 6,540 feet of School Boulevard from CR 18 (Fenning Avenue) to Oakwood Drive. This street meets the requirements set forth by Mn/DOT and should be added to the system. As additional mileage becomes available, other higher volume streets will also be added to the system. This resolution is a housekeeping item. B. ALTERNATIVE ACTIONS 1. The first alternative would be to approve the proposed resolution to designate School Boulevard from CR 18 (Fenning Avenue) to Oakwood Drive as a MSAS addition for the year 2002. 2. The second alternative would be not to approve the proposed resolution. C. STAFF RECOMMENDATION It is the recommendation of the City Administrator, Public Works Director, and City Engineer that the City Council approve the resolution as outlined in Alternative # 1. Upon approval, the City Administrator/Clerk shall provide a certified copy of this resolution by May 1, 2002 for transmittal to the Commissioner of the Department of Transportation. ➢�. SUPPORTING DATA Copy of Resolution 2. 2002 MSAS designation drawing C.-DX7%-UL/ldcnr��J.(X'.IL.S-1'7�niplJ/,S'.�.5(,jnlu�eRe.c.doc RESOLUTION 02- A RESOLUTION UPDATING MUNICIPAL STATE AID STREET SYSTEM FOR THE CITY OF MONTICELLO WHEREAS, as a requisite to qualify for state aid, it is necessary that the City Council designate certain streets within the City of Monticello to comprise a Municipal State Aid street system; and WHEREAS, the Council has reviewed the recommendations of the City Engineer and has approved certain streets within the City to become a part of said system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello as follows: 1. That School Boulevard from CR 18 (Fenning Avenue) to Oakwood Drive shall be included as a part of the City of Monticello State Aid street system. 2. That the City Administrator/Clerk provide a certified copy of this resolution by May 1, 2002 for transmittal to the Commissioner of the Department of Transportation. Adopted by the Monticello City Council -this 22nd day of April, 2002. Mayor City Administrator FAWPWIN\1010-09\040802 WAS resolution 2002.wpd Qi '3-No •3nV x ul Y :.:. wd I Ln Q i= N SO W 3n" I2f 1186 MOa V3W� MOOD'3W •dIJ 3- • � f � � '2JIJ � o � � � • :- `'i �►1� L �-0OOM 31LIJ VW a �tiw Arc �Q• ? L��ti0010Ng b� •3AV C co w., V N - - -41 � � � � a 'aI0 c �d •� o r's:;""::.:' 2 QOOM1Sd� m ILQOOQ 0 CD . F'• - "" cc N iN f c - N F. Ln 3-10I O :.: e ,� Da1gONIy tu 4�QA NVOI13d- ... 2 q l'°" �� a 'V1 N0300IM Ln o �q vU- 1 as d. N �• �OVg:; nNVO M 30VNV1 z Q o ro N nV NO 0J LL ti 1S NN . �y �iSb�i '3At! fn N071V3 V'7 HJO& — 1 OV31! cc t:.` (S o oNO1 z OV31SW ti ❑ w `' 1 S �• x'38 t`yg� \ ' '' �� . 17 o � '3nV o 0 SVONno a w V, --• ,�,�, G yNn00 V) 1 'ad doom)1V0 0 w k. 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Mayor and Council Members FROM: Rick Wolfsteller, City Administrato DATE: April 19, 2002 RE: Litigation with the Township Enclosed you will find a letter from City Attorney, Dennis Dalen, which addresses some of the issues the City is faced with in regards to the current litigation by the Township on whether the MOAA agreement is still valid and some thoughts Jeff and I had listed regarding some advantages and disadvantages to continuing the MOAA agreement with the Township. I see this closed session as an opportunity to not only discuss the current status of the litigation and what our City Attorney expects might be the outcome, but also provides us an opportunity to review some of the pros and cons of continuing in a joint arrangement with the Township on annexation issues. "This is probably a repeat of what both Dennis and Jeffs memo outline but I think we all have to be aware that there are some risks to not continuing an annexation agreement, even if we should receive a favorable ruling from the courts on our opinion that the OAA agreement does not exist anymore. One of my main concerns would be that the County Planning and Zoning along with Township officials could allow development to occur on our borders that is not in conformance with what we expect future land use planning to be. While I don't have any indication that the Township or County would do this, we all have to recognize that if the City takes the position we do not want to have any involvement by the Township in our future growth decisions, they could very well take the position that they can do whatever they want along our borders also. At the present time, we could be looking at two to four months before a decision is made by Judge Mosely which means basically that no future annexations will likely take place until this ruling is made. Assuming wl win, the Township could appeal and in effect delay future annexations for up to another year. This is based on the assumption that the State Planning Agency will likely not rule on any future annexation requests by ordinance until they receive some direction from the courts as to whether the OAA agreement is still in place. I believe that if modifications can be made to the MOAA agreement as we have outlined, continuing with a joint agreement may not be a bad way to go. On the other hand, if the Township is not willing to consider amendments to the agreement, especially in the area of using our land use plan as the guide, waiting for a judge's ruling may be the best alternative for the City. Monticello City Hall, 505 Walnut Street, Suite 1, Monticello, MN 55362-8831 • (763) 295-2711 • Fax: (763) 295-4404 Office of Public Works, 909 Golf Course Rd., Monticello, MN 55362 • (763) 295-3170 • Fax: (763) 271-3272 From the staff level, I don't think we are in 100% agreement on what should be done with the OAA agreement, but we wanted to make the Council aware of the pros and cons to continuing or not continuing with the annexation board. Hopefully, staff and council can discuss this in more detail Monday night. APR, -19' 02 (FR I) 10:01 OLSON USSET & WE I NGARDEN P, L. L. P TEL : 952 925 5879 P. 002 1C 23Kq US SET Zs WERHO M, ZH 1S. 01L1:,L 0l 0 DAVID & USSiET KNNIS L. DALEN DANIEL NL MT%XM °iMSDA eoercriPiwu RiLrti6. PRaPd;.. ^dMSBA CERI]F➢F.D QVIL TRIAL SYMAL IST OUR MZlNo. 7975 (160) SIS d R 890 4§60 a°AU,'�Js GLEN ROAD MaNNRi0ZLjS. MiN 59416 TTZLRAD99QXZ (952)925-6BB8 FAA x(952)925-5679 April 19, 2002 L'EViAL ASSi9TAN'I'S DL9MAI LSA KM 71DRIIN DQNNVLL °I'R®MEF, ROCKFORD OF FUCK TELEPHONE (7¢x:;,)477-5®ll0 • .� . -r * T m r-.� Mayor and City Council Members Q0M=1CAT1= City of Monticello 505 Walnut Street suite l Monticello, MN 55362 Re: Monticello Township, Minnesota v. City of Monticello, Minnesota Dear Mayor and Council Members: The purpose of this letter and the enclosed attachments is to provide you information with respect to the current status of annexation and litigation with the township concerning the validity of the agreement,. Jeff 0" Neill and I have discussed this and he has forwarded his thoughts and recommendations concerning annexation and the litigation. I am enclosing 'those for your consideration without modification. I am also enclosing a copy of a bill which ha.9 been passed and signed by the Governor. Essentially, this bill provides that if there is an annexation agreement in place, it is binding in that there can be annexation by no means other than the agreement. The MORA agreement at issue, paragraph 7, provides that; "All property annealed from the OAA shall be annexed only in accordance with the procedures detailed in the paragraph unless the township waives the requirements of this paragraph If/ Thus, this agreement-, if valid, does provide that it is the only procedLlre by which annexation should take place. Up to this point the Minnesota Planning Department has taken the position that there is an agreement in place, however, it did not have authority to refuse annexation by other means. Thus, the city has been able to annex by ordinance and statutory means up to this point. It is likely -that the spate is going to take the position that the agreei«ent- is in force unless there is a court order to the contrary. The net result of this is that no annexations will take place until this issue is resolved either by the court or by agreement of the parties. APR, -19' 02 (FRI) 10:01 April 190 2002 Page 2 OLSON USSET & WEINGARDEN P.L.L,P TEL :952 925 5879 P. 003 The litigation between the city and the township is before Judge Dale Mossey. There has been one hearing, regarding scheduling and consolidation of this with the Gold Nugget case In one comment Judge m i t-hniiali not ruling on the merits, indicated that he thought vjk.,� f .b� not ruling - - the condition requiring adoption of a land use plan had not been met. This remark is somewhat favorable to the city's position. I anticipate this matter will be resolved in a trial court in 90 to 120 days since it does not appear there are any facts in dispute and the matter is purely a legal issue which can be resolved without a trial. We can probably anticipate, however, that if the CitY Wins, the township would appeal and this might leave the issue in lim-t)o for an additional year. Staff and T will be present at the meeting on Monday night to respond to questions. if any of you have questions before that time, please feel free to call. very,trz"U,ly you"Ar DED: Sa Enclosures H.F No. 1620, 1 st Engrossment Page 1 of 1 L.cgisfaturc Home I Scarch.1 Hclp I Links to the Would - Minnesota rt e House representatives KEY: ctrl^'-cn = old language to be removed underscored = new language to be added NOTE: If you cannot see any difference in the key above, you need to change the display of stricken and/or underscored language. !authors and. Status ■ List versions H.F No. 1620, 1st Engrossment: 82nd Legislative Session (2001-2002) Posted on Feb 27, 2002 1.1 A bill for an act 1.2 relating to annexation; strengthening the effect of an 1.3 orderly annexation agreement; amending Minnesota 1.4 Statutes 2000, section 414.0325, by adding a 1.5 subdivision. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2000, section 414.0325, is 1.8 amended by adding a subdivision to read: 1.9 Subd. 6. [VALIDITY, EFFECT OF ORDERLY ANNEXATION 1.10 AGREEMENT.] An orderly annexation agreement is a binding 1.11 contract upon all parties to the agreement and is enforceable in 1.12 the district court in the county in which the unincorporated 1.13 property in question is located. The provisions of an orderly 1.14 annexation agreement are not preempted by any provision of this 1.15 chapter unless the agreement specifically provides so. If an 1.16 orderly annexation agreement provides the exclusive procedures 1.17 by which the unincorporated property identified in the agreement 1.18 may be annexed to the municipality, the municipality shall not 1.19 annex that property by any other procedure. 1.20 Sec. 2. [EFFECTIVE DATE.] 1.21 Section 1 is effective the day following final enactment 1.22 and applies to annexations ordered on or after that date. http://www.revisor.leg.state.mn.us/cgi-bin/getbi11.pl?session=ls82&version=latest&numbe... 3/25/2002 Denny Here are a few thoughts to consider as you prepare your information for the City Council. The new state statue is likely to cause the State Planning Agency to deny annexation by ordinance until judge rules that no MOAA agreement exists which means that development of new plats will be blocked this year. Lot supply will not meet current demand with Groveland III being the only new single family residential development in town. There is sufficient inventory of townhome parcels at Eagle Crest and Montissippi Shores. If the City does not prevail in the lawsuit we will have lost a construction season and still have the burden of two jurisdictions governing the land use and the other negative aspects of the current agreement. We also would have no bargaining power in negotiating a new agreement. This would be really bad but not the end of the world. In order to win the lawsuit — due to time- the city will have to sacrifice this construction season which is not a huge hardship for the city but it is significant. Winning the lawsuit could (not sure) put us in a better bargaining position for development of a better MOAA agreement. As a term associated with negotiating a new agreement, Council could ask the township to allow immediate annexation of parcels currently under consideration for development that would have been allowed to be annexed under the old agreement. Theses would include parcels owned by Jim Schultz, Ken Schultz, Paul Bruggeman, Ralph Hermes, John Chadwick and Harold Schermer. If the agreement is modified significantly (see below), we probably come out better than if we were to follow state statutes. MORA Agreement as it stance today Pro's Land on perimeter of city is protected from development. Con's (current agreement) • Additional layer of government. Difficult process for annexation. • Dual planning authority is very cumbersome and unworkable. • Industrial/Commercial land can not be annexed in advance of development. • Land area included in MOAA needs adjustment. Here are some ideas for amending the joint agreement Zoning designation of land (Comp Plan) when annexed to the City must be governed by the City. Fifty Percent developed rule should apply only to land annexed for residential development and to land that is final platted. Commercial and industrial land by nature is slower to develop. An industrial parcel needs to be in the city in order for it to be attractive to industry yet it may be years before a prospect is found therefore the 50% developed rule in commercial/industrial areas should not apply. • The rule that allows annexation of only the platted area should be modified to include the area of the approved preliminary plat not to exceed 100 acres. Requiring annexation of each individual plat seems unnecessary. This would also allow mass site grading without the need for grading approvals from separate jurisdictions. • Major boundary adjustments to the MOAA boundary need to be made to reflect the passing of 30 years. See the proposed amended comprehensive plan land use guide plan for detail. In sum, the total area needs to increase and generally shift to the south and southwest. • Agreement on discharge of storm water to ditch 33 requiring no net increase in water volume system wide. This means that water taken away from the ditch 33 system with development of a plat can be replaced with water added to the ditch from a plat in another area. • State statutes regarding annexation of city owned land would apply with this agreement. • The definition of contiguous to city limits should be changed from 66' of frontage to simply touching boundaries. • The MORA should rule on questions of annexation, however all land use requests in the MOAA while the land is in the township should fall under city jurisdiction. Until annexed into the city the land would be zoned Agricultural with the city processing requests for conditional use permits for this district etc. Similarly, building permit processing should be handled by the City. This is a model successfully followed ill other jurisdictions. Here are factors to consider when analyzing annexation by State Statues Pro's • Streamlined process as compared to MOAA agreement. • City governs land use as land is annexed. • No opportunities for stalling or obstructing annexation. • City allows annexation at city pace following city guidelines. • City can include township in process at city discretion. Con's • County planning and zoning governs parcels on edge of city. Scattered residental or commercial development is possible.. Recommendation Engage in renegotiation of amended agreement with stipulation that current annexation petitions would be allowed to move forward concurrently. Continue with annexation by state statutes during negotiation period. Amended agreement to include modifications as noted above. Or Follow state statues for annexation of petitioned parcels prior to a judges ruling and see what happens. Council Meeting - 04/22/2002 -UPDATE - NEW MEDIAN LIGHTING AND REPLACEMENT--.. (J.S.) LIGHTING FOR THE COUNTY ROAD 75 PROJECT 2000-16C Median Lighting As part of the County Road 75 Improvement Project, lighting is proposed to be added to the new channelized medians. This would involve lights on the median between Chestnut Street and Locust Street and the medians between Palm Street (north) and Washington Street. A minimum of lighting is proposed for the median as the existing intersection lights will be left in place. At this time a light on each end of the taper for the channelization is proposed. There are ten of these locations throughout the project and at each location a single pole would be installed with dual acorn fixtures matching the fixtures already in place at the east end of town. The poles are located on the wider portions of the median where they can be somewhat protected. We are currently pricing this system with Excel Energy under their Group Five Outdoor Lighting System that was used on the east end of town. The east end lighting was installed by Excel Energy at a cost of $8,830.00 per pole which included the pole, wiring, control cabinets, add on banner arms and 110 volt outlet for Christmas lights or irrigation system. Using the same prices for the remaining lights, one would expect the cost of that lighting system to be around $90,000.00 plus whatever increase in cost there has been since the other system was installed. It will be a couple of weeks before we have a price from Excel Energy. Replacement of Old Cobra Head Lighting in the Downtown Area There are eighteen existing poles in the downtown area that were installed with the 1960 highway improvement. There are many underground shorts in the direct burial wire which have required some of the poles to be powered overhead on a temporary basis. In addition most of the poles have badly rusted bases and have small clips welded to them to hold them in an upright position. The design advisory team discussed the replacement of this lighting when the new lighting for the medians on the east end of town was added. At that time the rectilinear fixture from Excel Energy was chosen for its sleek design. In addition to replacing the eighteen poles and fixtures in the downtown area it was decided to add two additional fixtures on the east end of the downtown area; one near the old City Hall and another on the north side of Broadway on the west end of the Colonial Court Building. The replacement poles would be of a simple design, most likely round to hold the fixture, a short mast arm, a bracket for Christmas tree decorations and an outlet to power them and a flag holder. Preliminary estimates for these poles and lights was set at $150,000.00. At this time we think that may be high as most of the new conduit can be placed in the street once the blacktop is removed and would result in very little replacement of curb or sidewalk with the installation of new bases. We are pricing this system also through Excel Energy and will have some additional, more defined costs in the next two weeks. It is also possible that we will go out to bids for this portion of the work. Enclosed are the meeting minutes from the Design Advisory Team meeting of April 16, 2002 supporting the installation of this street light system as outlined above. End of Update John Simola, Public Works Director Council Update - 04/22/2002 Council Update: Advertising for a replacement construction observer. (J. S.) As you know, in January one of the City's Construction Observers, Elmer Ohnstad, passed away suddenly. We have assessed workloads over the winter to see if it was necessary to replace this position. Due to pending proiect workloads, sidewalk inspections, miscellaneous building projects and locates, it appears that it will be necessary and cost effective to fill this position. Therefore, we will begin advertising this position with the goal of having an individual on board by June 1, 2002. MONTICELLO DATE: April 19, 2002 MEMO TO: Mayor and City Council Members FROM: Jeff O'Neill RE: Ice Arena Update Planning for development of an ice arena is progressing with efforts now focusing on development of an ice sheet to be constructed privately by Veit Companies. Under this scenario it is likely that the 7"' Street site will be the chosen site. It is likely that a construction budget, site plan and framework for the development agreement will be ready for Council review at your next meeting. Please call if you have any questions or if you would like further details. Monticello City Hall, 505 Walnut Street, Suite 1, Monticello, MN 55362-8831 • (763) 295-2711 • Fax: (763) 295-4404 Office of Public Works, 909 Golf Course Rd., Monticello, MN 55362 • (763) 295-3170 • Fax: (763) 271-3272 Monticello Arena Project Update 4-15-02 I spoke with Ken Barthel from Veit Companies today about their interest in the Arena project. Ken told me that he met with Mr. Veit on Friday and has approval to pursue the project on a private basis with the understanding that we need to work together to answer a few open issue's and that we continue to get support from the City, Local High School's and Youth Hockey groups to make the project a successful win-win for the community. I am meeting with Mr. Barthel on Wednesday the 17t" to further discuss the project and outline a draft project plan. Our next steps would include engaging RSP Architects to continue work on the site plan and City approval process. I am working with Fred Patch to identify the City Fee's involved in the project so we can discuss the level of relaxation. Jeff O'Neil and I will continue to communicate our progress recommended approach to making this a successful project.