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City Council Agenda Packet 03-14-2005 . AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday March 14,2005 - 7 p.m. SPECIAL MEETING- W ASTEW A TER TREATMENT PLANT ISSUES AND OTHER GROWTH RELATED ISSUES (AT WWTP) Mayor: Council Members: Clint Herbst Glen Posusta, Wayne Mayer, Tom Perrault and Brian Stumpf I. Call to Order and Pledge of Allegiance. 2A. Approve minutes of February 28, 2005 regular Council meeting. B. j Approve minutes of Fj;ruary 28,2005 Workshop Meeting. Dvv-<Y> ~d '5i~ I ~Cf ~tJ..,.) I vv wTf ,M.A.J-e G./llA-Aa ./ 3. ~rz<a:irt:,~/~te;:tothlap~~{e;. {;!~~ ItI!6'64 j?hll~ r~ 4. Cit/z~n'comments. petitions. ':9qJests and complaihts. / '7 fM. I>'" 5. Consent agenda. A. Consideration of new hires and departures. .~ @ C. Consideration of waiving statutory liability limit for City insurance renewal.. Consideration of a request for replat for Prairie Ponds Seeond Addition, a request for rezoning from B-3 to B-4 for the plats of Prairie Ponds Addition and Prairie Ponds Second Addition and eonsideration of a request for final plat approval for Prairie Ponds 2"d Addition. D. Consideration of authorizing distribution of EA W for a 30 day comment period for the Hidden Forest/Sunset Ridge Development. E. Consideration of approving a lot line adjustment for two single-family residential lots in an R-l Zoning District (Lots 2 and 3, Block 2 Groveland 4th Addition). F. Consideration of a request for a conditional use permit for open and outside storage in an I-IA Zoning District. Applicant: Twin City Die Casting. ~ ()'I"" \l G @ · V~(j Consideration of a request for a conditional use permit to allow loading dock doors fronting a public street on a corner lot in an 1-2 District. Applicant: Tapper Holdings LLC. H. Consideration of branch agreement with Great River Regional Library for the Monticello Library. Consideration to authorize preparation of plans & specifieations and to publicly bid parking lot construction on the vaeant land west of the Monticello Public Library. -~ - .. Agenda Monticello City Council March 14, 2005 Page 2 J. Removed from Agenda, . K. L. /~ ~~ P. Removed from Agenda. Approve Plans & specifications and order advertisement for bids for School Boulevard lmprovements from Edmonson to Deegan Avenue Project No. 2004-31 C. Consideration of request for Fire Department members to attend national fire conference Consideration of approving spring load restriction map for City streets. Consideration of accepting feasibility report for School Boulevard from Deegan Ave. to 90'h Street Project No. 2005-02C and call for a public hearing on the improvement. Authorize acquisition of fee title, easements and other rights necessary for the construction, reconstruction, improvement and maintenance of Wright County Highway Nos. 18 & 39 in accordance with Right-of-Way Plat 55. 6. Consideration of items removed from the consent agenda for discussion. . 7. Public Hearing _ Consideration of vacation of easements Lots 2 and 3, Block 2, Groveland 4" Addition. 8. Public Hearing _ Consideration of vacation of easements Lots 3, 4 and 5, Block 1, Prairie Ponds Addition, 9. Public Hearing _ Consideration of vacation of Garrison Ave within the plat of Wildwood Ridge. 10. Consideration ofreviewing policy for regulating off premise directional signs on the public right- of-way. 11. Consideration of settlement offer - Kramer House 12. Consideration of process for sale of vacated 7'h Street right of way. 13. Consideration of adoption of purchasing policy. 14. Consideration of authorizing the Park Department to go ahead with the preparation of concept plans for the Ellison Park bathrooms. 15. . 16. Consideration of approving payment of bills for March. Consideration of renewal of contract at the Elk River Landfill with Waste Management Corp. (Information will be available on Monday night) 17. Adjourn. 2 -- . . . MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday February 28, 2005 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf. Members Absent: None 1. Call to Order and Pled!!e of Alle!!iance. Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of Februarv 14.2005 re!!ular Council meetin!!. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 14,2005 REGULAR COUNCIL MEETING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve miuutes of Februarv 14.2005 Workshop Meetin!!. GLEN POSUSTA MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 14,2005 WORKSHOP MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of addin!! items to the a!!enda. Brian Stumpf added calling for a public hearing for March 28, 2005 for the 2005 Core Street Project noting that prior to the regular Council meeting a workshop was held on the proposed 2005 Core Street construction project. He added that the Council is looking at changing the scope of the project to cover West River Street from Chestnut Avenue to Otter Creek. Information relating to assessment procedures will be presented at the public hearing. Adam Hawkinson asked that consideration of the purchase of the John Deere tractor also be added to the agenda. This was added as item #13. Clint Herbst had a number of items he wanted to briefly touch on which include I) Audio equipment in the Council Chambers. He stated that there had been some problems with the volume on the cable broadcast. 2) Runoff from the developments onto the Ted Holker property. Also drainage concerns at Eagle Court Circle and other areas. He felt these problem areas should be corrected before spring; #3) added a diseussion of the Insignia development whieh is coming before the Planning Commission on Mareh 1,2005; 4) street lighting and 5) closed session to be held at the end ofthe regular meeting to diseuss the A VR site. 4. Citizen comments. petitions. reQuests and complaints. Allison Oschwald, 9351 Canvasback Court stated she had sent a letter to the Council asking 1 ~o.- 2, Council Minutes - 2/28/05 . about the crosswalk at thc high school. Public Works Director, John Simola stated he had talkcd to the City Engineer about doing a study along the whole length of School Boulevard to see where crossings would be warranted. It was suggested that the school district be contacted to see if these crossings need to be manned. They would also be looking at the existing pathways in the area to see if they are sufficient to handle pedestrian traffic. Chuck Rickert from WSB added that they are looking at this as part of the School Boulevard and are not only looking at where crossings should be but where other pathway connections should be located. Glen Posusta asked if there was sufficient lighting in this area. Chuck Rickert said that would be looked at as part of this study. Wayne Mayer thanked Allison Oschwald for bringing this matter to the attention of the Council. 5. Consent al!enda. A. Consideration of new hires and departures. Recommendation: Ratify the hires and departures as identificd. B. Considcration of waiving statutory liability limit for City insurance rcnewal. Recommendation: Council moves to not waive the monetary limits on tort liability established by Minnesota Statute 466.04. C. Consideration of approving appointment to Planning Commission vacancy and Design Advisory Tcam. Recommendation: Appoint Sandy Suchy to serve a three year term on the Planning Commission and appoint Stacy Schreiber to a two year term on the Design Advisory Team. . D. Consideration to review Greater Monticello Enterprise Fund (GMEF) Loan No. 024 for compliance with the EDA-GMEF Business Subsidy Criteria. Recommendation: Move that the Council has determined the EDA approval ofGMEF Loan No. 024 for Tapper's Holdings LLC was approved without violation of the EDA-GMEF Business Subsidy Criteria; therefore, Council supports the decision by the EDA for loan approval subject to approval of the conditional use permit by the Planning Commission on March 1,2005. E. Consideration to approve the Business Subsidy Agreement within the Loan Agreement between the Monticello EDA and Tapper's Holdings LLC. Recommendation: Adopt the resolution approving the loan proposed to be made by the EDA in and for the City of Monticello to Tapper's Holdings LLC relating to real property rehabilitation and approving loan agreement thereto. SF. Consideration to approve the Business Subsidy Agreement within the Contract for Private Redevelopment between the Monticello HRA, Tapper's Holdings LLC and Strategic Equipment and Supply Company. Recommendation: Approve the Business Subsidy Agreement within the Contract for Private Redevelopment between the . 2 ~A- L{ . Council Minutes - 2/28/05 Monticello HRA, Tapper's Holdings LLC and Strategic Equipment and Supply Corporation. G. Consideration ofa resolution declaring the City's official intent to reimburse itself for certain expenditures from the proceeds of bonds to be issued by the City. Recommendation: Adopt a resolution declaring intent to reimburse expenditures from the proceeds of a bond covering the various projects outlined. H. Consideration of approving 3/2 beer license for men's softball league at City ballficlds. Recommendation: Grant a 3/2 beer license for the men's softball league at the City ball fields contingent upon receipt of the necessary insurance documents and payment of license fees. 1. Consideration of adopting a policy regarding wire transfers. Recommendation: Adopt the wire transfer policy as presented. J. Consideration of authorizing city representatives to Joint Planning Board to select a County Board representative. Recommendation: The COlillCil moves to authorize the County Board to appoint a representative to the Monticello Joint Planning Board. K . Consideration of authorizing distribution of EA W for a 30 day comment period for the Hidden Forest/Sunset Ridge Development. Recommendation: Authorize the distribution of the EA W for the 30 day public comment period to the required agencies. L. Consideration of approving Change Order # I for TH 25/School Boulevard Traffic signal. Recommendation: Move to approve Change Order No. 1 in the amount of $727.64 for Granite Ledge Electrical Contractors, Inc. M. Consideration of signal justification reports for CSAH 1-94 ramps and CR 39/CR75. Recommendation: Approve Signal Justification Reports for staff execution. N. Consideration of approving one day charitable gambling license for Open Trails A TV Club at the Monticello VFW Post. Recommendation: Adopt a resolution authorizing the State Gambling Control Board to issue the one day charitable gambling license for Open Trails A TV Club at Monticello VFW Post #8731. O. Consideration of modification to Municipal State Aid System by adding and reevaluating mileage. Recommendation: Approve the proposed resolution to remove Locust Street, 4lh Street and Walnut Street from the MSAS system and designate a portion of Washington Street, Oakwood Drive, Edmonson Avenue, Chelsea Road and Fallon A venue as MSAS additions for the year 2005. P. . Consideration of setting public hearing date for 2005 Core Street Project No. 2005-1 C as amended. Recommendation: Approve setting March 28, 2005 as the public 1 ~ dA-C'J . . . Council Minutes - 2/28/05 hearing date on the 2005 Core Street Project No. 2005-1 C as amended in scope. Items 5K, 5B and 50 were asked to be removed from the consent agenda. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOV AL OF ITEMS 5B, 5K AND 50 AND THE ADDITION OF ITEM 5P. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent al!'enda for discussion. 5B: Tom Perrault asked what the cost was to the Citv for the additional $1,000,000 in excess liability coverage. Jeff O'Neill said he would check into this. TOM PERRAULT MOVED TO TABLE ITEM 5B PENDING RECEIPT OF THIS INFORMATION. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5K: Brian Stumpf stated that on the EA W for Hidden Forest/Sunset Ridge it shows a street going through private property. It was noted there is no agreement between the developer and property owner for the purchase of land needed for the street. Brian Stumpf suggested that approval be contingent upon the developer and City Engineer working with the property owner on the location of the street. Clint Herbst asked who was paying for the EA Wand was informed the developer was covering the cost. Tom Moores, 748 10 I" A venue NW spoke to the Council stating the property that is affected by the proposed street belongs to his son who was not able to attend the meeting. He indicated that the developer had asked his son ifhe was interested in the selling the land. His son came up with an asking price but at that time the developer indicated that they were not interested in the propeliy. Tom Moores questioned how the street location could show up in a public document when there was no agreement between the property owner and developer on placing it there. John Simola stated that if EA W goes forward like this, it may not be valid. He suggested not going ahead with the EA W. It was also noted that from the drawing it appears that Haug A venue would be eliminated. BRIAN STUMPF MOVED TO TABLE ITEM 5K AND HAVE IT BROUGHT BACK AT SUCH TIME AS THE ISSUE OF THE STREET LAYOUT HAS BEEN RESOLVED BY THE CITY ENGINEER AND DEVELOPER. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 50: Glen Posusta questioned why the segment of Oakwood Drive to Cedar Street was included in the MSAS system. Jeff O'Neill stated it would make this short street segment between TH 25 and Cedar Street eligible for state aid funding. 4 ?-,A-lP Council Minutes - 2/28/05 . GLEN POSUST A MOVED TO APPROVE THE RESOLUTION TO REMOVE LOCUST STREET, 4111 STREET AND WALNUT STREET FROM THE MSAS SYSTEM AND DESIGNATE A PORTION OF WASHINGTON STREET, OAKWOOD DRIVE, EDMONSON A VENUE, CHELSEA ROAD AND FALLON A VENUE AS MSAS ADDITIONS FOR THE YEAR 2005. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Public Hearinl! _ Consideration to approve a resolution adoptinl! a modification to the Redevelopment Plan for Central Monticello Redevelopment Proiect No.1 and establishinl! TIF District No. 1-33 therein and adoptinl! a TIF Plan therefor. Mr. Todd Hagen from Ehlers & Associates, financial consultants for the City and the HRA provided the background information on this item. The City is being asked to a hold a public hearing and approve the redevelopment piau and establishment ofa TIF District for Tapper's Holdings LLC. The purpose of the plan is to facilitate the construction of a 25,000 sq. ft. warehouse addition to the building owned by Tapper located by Edmonson Avenue and Dundas Road (fonner site ofH-Windows). The addition will be rented to a food supplies distribution dealer aud would create 40 full-time jobs. The appropriate taxing districts received a copy of the TIF Plan 30 days prior to the hearing. No comment has been received from any of the taxing districts. . Mayor Herbst opened the public hearing on the modification to the redevelopment plan and the establishment ofTIF District #1-33. No one present spoke for or against the proposal. Mayor Herbst then closed the public hearing. The Council had general questions on who would be utilizing the addition, whether the 40 new jobs are local or whether this would include transfers from the firm's St. Cloud branch, and what happens if there is a default. BRIAN STUMPF MOVED TO APPROVE THE RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO. I AND ESTABLISHING TIF DISTRICT NO. 1-33 THEREIN AND ADOPTING A TIF PLAN THEREFOR. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Public Hearinl! - Continuation of Dublie hearinl! 7th Street/Hil!hland Wav Proiect No. 2004-02 and orderinl! Droiect. This public hearing was continued from the February 14'h meeting. Chuck Rickert from WSB & Associates stated the reason the hearing was continued was so that the apartment complex could be notified and included in the proposed assessment for the traffic signal. Chuck Rickert provided a quick overview of the proposed project. He noted that it was proposed to include the apartment complex because they were rental units and in other areas such as garbage collection, the City treated apartments as property. Chuck Rickert noted the traffic generated by the apartment complex was low and the total assessment proposed for the apartments was $600. . 5 dA- '1 . . . Council Minutes - 2/28/05 Mayor Herbst opened the continued public hearing. Hilary Hoglund 23507 I 76th, Big Lake, had a question on the property at the westerly end of the project area. Her concern was the driveway access to the Gladys Hoglund residence. The property lost its access to CSAH 75 and a driveway was put in on the frontage road that goes in front of the ear wash. This has created a hazardous situation in that there is not sufficient room to come onto the frontage road and signal your intentions of turning into the driveway. She felt the situation would be aggravated by the installation of a signal light. She is concerned that with the light being so close to the driveway it is a hazard for those turning into the driveway and conversely a difficulty to safcly access the semaphore from the property. Clint Herbst stated that in order to make a safer access the City would almost have to shut of I access from Hart Blvd to CSAH 75 which he felt would devalue the Hoglund property. Brian Stumpf said he didn't know if there was any1hing that could be done to rectify the situation. Hilary Hogltmd stated that she would like some assurance that they could work with the City on this when the property is sold. Mayor Herbst closed the public hearing. Glen Posusta stated his belief that the apartment complex should be assessed like other properties. Tom Perrault said the apartment complex cannot rent any more apartments or generate any more income because the interchange and traffic signal is present so he didn't feel the apartments should be included in the assessment. CLINT HERBST MOVED TO ORDER THE PROJECT AND AUTHORIZE THE PREPARATION OF PLANS AND SPECIFlCATIONS FOR STREET AND UTILITY IMPROVEMENTS FOR 7TH STREET AND HIGHLAND WAY SUBJECT TO THE DEVELOPER UPFRONTING THE NECESSARY FUND]1\JG FOR THE PREPARATION OF PLANS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH TOM PERR.A..ULT VOTING IN OPPOSITION. 9. Consideration of authorizinl!: the Park Denartment to l!:0 ahead with the nrenaration of concent nlans for the Ellison Park bathrooms. Parks Superintendent, Adam Hawkinson submitted information regarding the options looked at in considering improvements to the restrooms at Ellison Park. After looking at the various options, he felt that the best option and most cost efficient was to replace the existing restrooms. While reviewing building options he came across a firm that makes precast concrete block buildings including the roof. The benefit of this type of structure is its durability and ease of maintenance. The staff and Parks Commission felt that since Ellison Park is the City's premier park, it should have facilities that were ADA compliant and aesthetically complementary to what was existing at the park. Adam Hawkinson showed pictures of the various designs for the precast building. He noted that the existing building would have to be removed and some additional footings poured before the precast building was erected. The units come in two stall ($68,000) or three stall ($75,600). He noted that Three Rivers Park System has gone with this type of unit for the past several 6 ~R- g . . 10. . Council Minutes - 2/28/05 years and has had good experience with them. They are easy to maintain and more vandal resistant. Wayne Mayer asked about the magnetic door locks and the time activation for the locks. Glen Posusta questioned spending $90,000 for facility that was locked most of the time. Wayne Mayer asked if the time activated locks were going on all the restrooms. Adam Hawkinson indicated that they were in the process of switching over to them. Glen Posusta stated he didn't believe in spending the extra money just because of vandalism. He stated that the existing rcstrooms were not in bad enough condition to warrant replacement. Clint Herbst asked if this work was budgeted for. Adam Hawkinson said it was covered in the 2004 budget and they asked that these funds be carried forward. Clint Herbst felt that the Council should look at the existing restrooms in Ellison Park. Wayne Mayer asked Adam Hawkinson if the restrooms were in need ofreplacement. Adam Hawkinson stated there is no electricity to the building and cited other problems with the existing restrooms. Tom Perrault stated that since Ellison was rented for weddings and other occasions was there a need for an enclosed area that could be used on rental occasions. Tom Perrault suggested a cost/benefit analysis, Wayne Mayer asked for a time frame from getting the restrooms ordered to getting them installed. Adam Hawkinson said he would get that information but he felt it could be done by Riverfest. WA YNE MAYER MOVED TO TABLE AUTHORIZING PREPARATION OF CONCEPT PLANS FOR THE ELLISON PARKS RESTROOMS UNTIL ADAM HAWKINSON HAS OBTAINED THE ADDITIONAL INFORMATION. GLEN POSUST A MOVED NOT TO AUTHORIZE PREP ARA nON OF PLANS FOR THE ELLISON PARK RESTROOMS AT THIS TIME. Clint Herbst stated there was a motion by Wayne Mayer on the floor. Brian Stumpf asked what more information was the Council looking for. Clint Herbst said it was primarily to look at the site and go over the information provided. BRIAN STUMPF SECONDED THE MOTION OF WAYNE MAYER. MOTION CARRIED WITH GLEN POSUST A VOTING IN OPPOSITION. Consideration to discuss alternatives and identifv a course of action for continuation of 2005 and 2006 Heartland Exoress oublic transit services. Deputy City Administrator, Jeff O'Neill provided background information on this item stating the City Council is being asked to provide direction for transportation needs 'within the city. Earlier the Council had the option to go with RiverRider for their transportation needs or continue to operate on its OVvTI. Jeff O'Neill outlined the basis for the previous Council's decision that the City continue to operate their own system. The three options available to the City were discussed which include the City hiring a Transit Coordinator to administer the 7 ~H-q . . . Council Minutes - 2/28/05 operation of the system; have RiverRider and the City coordinate the operation of the system in 2005 with a merger taking place in 2006 and the third option would be for the City to administer the system in 2005 with a merger with RiverRider to take place in 2006. JefT O'Neill outlined some of the pluses and minuses of each option. Clint Herbst noted that the previous Council opted to maintain the system because of local control. lIc felt bccause of the economics it did not make sense to continue with the present contract. He felt RiverRider would be more eHicient. Tom Perrault questioned the change in ridership. Wayne Mayer asked about thc fedcrally mandated safety plan. Sue Siemers, MnDOT said that ifthe City moves forward and approves a resolution merging with RiverRider in 2006 she would work with the City and RiverRider to come up with a plan. She stated that because of compliance issues they have had with the City for many years, this has come to a head. Sue Siemers said the management plan process starts the first of Junc so they need this time to make the transition. BRIAN STUMPF MOVED TO CONTINUE CITY ADMINISTRATION OF HEARTLAND EXPRESS FOR THE BALANCE OF 2005 AND TO AUTHORIZE A JANUARY 2006 MERGER WITH RIVERRIDER TRANSIT AND TO AUTHORIZE LIMITED MERGER RELATED ADMINISTRATION TO BE COMPLETED BY RIVERRIDER TRANSIT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Consideration of renewal of mowinl! contract with Carefree Lawn Services. John Simola, Public Works Director, provided information to the Council on the previous contract the City had with Carefree Lawn Service. Carefree Lawn Service has had the contract from 1995 and they are proposing to offer a three year contract with an increase of 3% over the previous contract price. John Simola noted the areas that are maintained by Carefree Lawn Service which includes the library, the municipal liquor store, the fire hall, the cemetery and any mowing required by the enforcement of the blight ordinances. The blight/nuisance mowing is billed to the City by Carefree and the City in turns bills the property owner. Brian Stumpf felt it was a good idea to lock in prices for three years. Glen Posusta said the wages of city employees have gone up considerably more than that so he thought maybe they should look at having more of the services contracted out. He felt it would be more cost cfJicient than the City investing in more new equipment. Clint Herbst suggested looking at this again before this summer when the seasonal workers are hired. He too felt the City could contract these services out. John Simola indicated he has a map showing all the areas the City maintains which he felt the Council might be interested in seeing since it would show how much mowing is involved. Glen Posusta asked if the City could renew the contract and have John Simola and the contractor get together and work out prices on other areas that could be 8 d, f~ _. /(1 . . . - Council Minutes - 2/28/05 added to the contract. The Council felt there should be a cost analysis of the cost efficiency of staff -vs- private contractor doing the mowing.. BRIAN STUMPF MOVED TO ACCEPT THE OFFER FROM CAREFREE LAWN SERVICE TO EXTEND THE EXISTING CONTRACT FOR THE NEXT THREE YEARS BEGINNING APRIL 2005 WITH A 3% INCREASE ON THE EXISTING CONTRACTS RATES TO BE EFFECTIVE FOR THE FULL THREE YEARS OF THE CONTRACT UNTIL APRIL 2005 AND TO DIRECT STAFF TO WORK WITH CAREFREE LAWN SERVICE TO DETERMINE IF OTHER MOWING AREAS SHOULD BE ADDED TO THE CONTRACT. GLEN POSUSTA SECONDED THE MOTION. Wayne Mayer asked about the fact that this contract has been place for 10 years. At what point should the contract be offered for bid. City Attorney, Tom Scott stated that it is not the length of the contract but the amount of the contract that needs to be considered. $50,000 is the dollar figure that requires the city to enter into competitive bidding. The estimated annual contract price here is $17,500. Tom Scott suggested to committing to a two year contract with an option on the third year. That way the City would be under the $50,000. There was some discussion on whether this would be agreeable to the contractor. BRIAN STUMPF AMENDED HIS MOTION TO APPROVE A TWO YEAR CONTRACT WITH CAREFREE LAWN SERVICE AT A 3% INCREASE OVER THE CURRENT RATE WITH AN OPTION FOR A THIRD CONTRACT YEAR. GLEN POSUSTA SECONDED THE AMENDED MOTION. The contractor questioned if on the third year if his rates could go up. He felt he was being left out in that it was the City who held thc option to renew. Wayne Mayer suggested going for two years and then coming back and going for another two years if the price was reasonable. The contractor indicated he was okay with leaving the option year in the motion. UPON VOTE BEING TAKEN, MOTION CARRIED UNANIMOUSLY. 12. Consideration of acceptiul!" feasibility report for Hillside Farms Outlet. Proiect No. 2004-7C.Hillside Farms Outlet Phil Elkins from WSB & Association gave a presentation on the proposed project. The need for this project came about as a result of the Spirit Hills and Hillside Farms developments east of Fenning A venue. The issue was how this area was going to drain. Originally the area was to drain west to the TH 25 watershed. Because this eastern portion of watershed could not be connected to the TH 25 outlet at the, they had to look at alternatives ways to drain the site. The most cost effective storm sewer outlet for this area would be through the Rolling Woods pond. The runoff from the Hillside pond could go to the Rolling Woods pond but there is not a large enough easement in Rolling Woods for the storm sewer pipe and there are also some problem with elevations. There is no easement on the unplatted property of Ted Holker lying to the south and there are some trees 011 the Holker property that would be affected by storm sewer 9 CiJ\ -, I Council Minutes - 2/28105 . pipe construction. WSB & Associates looked at two options. One option would be to obtain an easement across the Holker property and construct the storm sewer pipe using open cut construction. Mr. Holker said he would give them an easement if the storm sewer would service his property as well. Everything from the Holker property would drain to the SW corner of the Hillside Farms plat and then to the east to the Rolling Woods pond. The second option was to utilize a combination of open cut and directional boring which would keep the storm sewer pipe on city owned easement. Fig #2 is designed to use a combination of open cut and directional boring methods laying the pipe in such a way as not to disturb the trees and rcquire only a temporary easement from Ted Holker. Glen Posusta asked the time it would take for construction. Phil Elkin said 2-3 weeks. Glen Posusta asked if anyone had talked to Ted Holker. Phil Elkin said that the have met with him. Ted Holker said he wouldn't give an casement but the City could purchase it from him. The cost would be $10,000 an acres for a drainage easement. Glen Posusta asked why this work wasn't done when Hillside Farms was constructed. Bret Weiss said Ted Holker is not at a point where he is interested in developing his property so it seems that the option to keep the pipe all on city owned easement would be the route to go. The open cut method would be less expensive but it would require a permanent easement The Council questioned the trees. It was noted that thc were fence lines trees. Phil Elkin said the cut in the area of the trees would be about 20' deep. Glen Posusta asked why this was not done prior to any housing being there. Bret Weiss said it was planned out but there was not enough time prior to Hillside Farms being constructed to put it in . . Wayne Mayer asked about Lots 8,9 & lOon Badger Circle and whether this would bring an increase in their water problems. Bret Weiss said Rolling Woods does not run their watcr through Carlisle Village. Water leaving Hillside Farms pond would be the same amount as that leaving the Rolling Woods pond. Rolling Woods pond goes to Briar Oakes and eventually to the Gillard A venue storm sewer pipe. Clint Herbst noted that there is water from the Monte Club which also goes into the Rolling Woods development. Bret Weiss said there is a catch basin in the back yard so the property should not be flooding. The catch basin is on the property line between Hillside and Rolling Woods. A berm was put in place and it flooded the area. Clint Herbst asked if the water could be diverted back. Glen Posusta asked why the storm sewer and catch basins were not in the street. John Simola stated he does not encourage the placement of catch basins in back yards. Bret Weiss said certain types of housing and sloping require catch basins in the back yard. Bret Weiss said most of the outlets are in the street. John Simola said his concern with the catch basin in the back yar is the storm sewer pi pc freezing and putting the house in danger of flooding. John Simola said there is a balance between a nice house and having a good operating storm sewer system. Glen Posusta questioned the temporary pipe. He was informed the construction easement was temporary but the pipe was permanent. Phil Elkin said this was one area in the City where there is no infiltration. Wayne Mayer asked which was the least expensive route and Phil Elkin indicated Option #1, open cut construction was the least expensive but would require a permanent easement. Wayne Mayer also questioned what appeared to be discrepancies in the cost of the pipe between the open cut construction option and the directional boring option. Phil Elkin indicated that the price in option 1 was for the open cut method for a 12" pipe and that the cost of installation. Because the open cut included 20' cuts the cost was different than for option #2 . 10 ;)A-I'd- Council Minutes - 2/28/05 . which was the directional boring. He noted there would also be differences in prices for manholes depending on which type of construction was used. Glen Posusta asked why the City was putting in a tcmporary pipe and then a permanent pipe. Phil Elkin said although a lighter weight pipc is used in boring this can be a permanent pipe. He noted that since they are going along the property line it would require only a temporary easement over the Holker property. Glen Posusta asked how many back yards would be disrupted. Phil Elkin said as few as possible noting that many of the lots in Hillside farms are vacant and only a few lots in Rolling Woods would be affected. BRIAN STUMPF MOVED TO ACCEPT THE FEASIBILITY REPORT FOR CONSTRUCTION OF A STORM SEWER OUTLET FOR THE HILLSIDE FARMS WATERSHED PROJECT 2004-07C AND TO AUTHORIZE THE PREPARATION OF PLANS AND SPECIFICATIONS TO CONSTRUCT A STOR.;\1 SEWER OUTLET FROM THE HILLSIDE FAR.;\1S REGIONAL POND TO THE ROLLING WOODS POND USING OPTION 2 (DIRECTIONAL BORING) AS DETAILED IN THE FEASIBILITY REPORT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Items: Drainage: Clint Herbst said that some of the drainage problems had been discussed but he telt that he, John Simola and Bret Weiss should look at some of these areas to see if something can be done to keep them from becoming a problem in the spring. Clint Herbst will set up a mceting time. . Lighting: Clint Herbst looked at the street lights in the various developments and felt the City was putting in too much decorative lighting. The intensity oflight did not seem as great so perhaps more light standards are needed. John Simola said the developer has been allowed to select the typc of light and most of the developers have been going with the ornamental light rather than the cobra. John Simola suggested talking to Darrin Lahr about getting prices for the lights. Wayne Mayer asked what standards wcre in place and John Simola said 100 watts is the standard. John Simola felt the colonial light design does not generate the same amount of light as the cobra. Insignia Clint Herbst brought this up because it will be coming before the Planning Commission on March L 2005. His concern is about the 300 apartment units that are proposed. Clint Herbst questioned whether tbis was the appropriate area for apartments and whether it met the provisions of the comprehensive plan for this area. Tom Perrault felt there was too much park land. Clint Herbst noted the amount of park land was reduced when it was proposed to take the apartments out. The apartments are back in the plan but the amount of park land has not changed. Clint Herbst wanted to pass on to the Planning Commission that the City was not in favor of 300 apartments. Clint Herbst said although Jeff O'Neill telt these would be upscale apartments that doesn't mean that is what the market will supply. . Tractor - Adam Hawkinson brought information on the tractor that the Council had discussed but did not approve at the last meeting. He stated the tractor is not intended solely for mowing. The purpose of this tractor is to maintain the ball fields including aeration. It has more uses than what the Council was informed of. The tractor will also be used for snow removal purposes. The tractor would replace the Bolens which is 24 years old and has a book value of $1200. Adam Hawkinson emphasized that I] df+- I ~ Council Minutes - 2/28/05 . this was a multi-functional piece of equipment. Adam Hawkinson noted the tractor had 4 wheel drive. 20% of the proposed tractor use would be for aerating the ball fields and the other time it would be used in the parks or for snow removal. Glen asked about the blower and cab attachment. Adam Hawkinson said this equipment would be used for maintenance of 5' sidewalk. Glen Posusta stated that is seemed like the bike paths get plowed before the road. Adam Hawkinson said the pathways are 8-10' and can be cleared with the skid steer but this unit can be used on the sidewalks. BRIAN STUMPF MOVED TO AUTHORIZE PURCHASE OF THE JOHN DEERE TRACTOR AND TO AUHORIZE PUTTING THE BOLENS UP FOR BIDS. Clint Herbst asked whether he or Brian Stumf could make a motion on this since they made and seconded the motion on the previous decision on the tractor which failed to pass. Tom Scott said it was a matter of whether the Counci I was reconsidering the previous motion or considering this as new item that was being brought up. Since this was added on at the beginning of the agenda because there was new information, Tom Scott felt it could be considered a new motion and therefore any of the Council could make the motion. CLINT HERBST SECONDED THE MOTION WITH SOME DISCUSSION. . Clint Herbst said if the purchase of this piece of equipment passes, the City should removc some of the useless equipment in the fleet. Clint Hcrbst noted this item was budgeted and didn't feel he should reprimand anyonc for trying to save money. Wayne Mayer asked about coming up with contributions from any of the associations that use the lields to help defray the cost of equipment. Adam Ilawkinson said he had a verbal commitment of$200/ycar for 10 years from one group. Tom Perrault said although money for this was budgctcdjust bccause it was in the budget didn't mean it had to be spent. Wayne Mayer agreed saying that just because an item is in the budget didn't mean that he as a member of the new Council wouldn't vote against purchasing it. MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. 13. Consideration of annrovinl! oavment of bill for Februarv. There were questions on bills relating to garbage carts, contractor work on q pond in Jefferson Commons, supplies purchased from Boise Cascade, and a purchase of pens by Hi-Way Liquor. Clint Herbst indicated that he was of the understanding that all supplies were to purchased locally. He also questioned the need for the memberships in the various organizations as there were quite a number of them and he questioned the value the City receives from them. BRIAN STUMPF MOVED TO APPROVE PA YMENT OF BILLS FOR FEBRUARY. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Clint Herbst closed the regular meeting at 9:45 p.m. so that the Council could meet to discuss legal action involving the A VR site. The rcgular meeting was reconvened at 10:29. . 12 d I~ - I L1 . . . Council Minutes - 2/28/05 BRIAN STUMPF MOVED TO ADJOURN TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. Recording Secretary 13 d, R- IS Council Workshop Minutes - 2/28/05 MINUTES MONTICELLO CITY COUNCIL WORKSHOP MEETING . February 28, 2005 - 5 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf. Members Absent: None 1. Library Tour: City Council and staff members met at the library for an update on what is happening at the library and a tour of the addition. Margo Askin, librarian, explained how the facility was used for programs such as story time. She provided information showing how library usage increased from 2002 to 2004. Since the library was not open for a portion of 2003 she did not include those figures. Jacque Gordon provided information about the Friends of the Library and the activities that they are involved in and the function they serve for the library. . Tom Parker, Chair of the Library Board gave some background on how the expansion phase of the library came about and explained the changes taking place in thc building. Refreshments were provided by the Friends of the Library and thc workshop meeting was reconvened at City Hall. 2. 2005 Core Street Reconstruction Proiect: Kcvin Kawlewski of WSB & Associates reviewed the Core Street Project for Area 3 which is the area north of CSAH 75 and west of Chestnut Street. In the feasibility report two options were provided one for an urban section design and the other for a rural section design. In the feasibility report it was proposed to make River Street 32 feet wide with curb and guttcr. The Council schcduled a workshop to morc closely look at thc project area, the scope of the work proposed to be done and assessment procedures. The engineer prepared a third option for consideration which would include reconstruction of the streets to the same width as they currently are. It is also proposed to re-align Hilltop Drive so that it is situated in the center of the existing right-of-way. This option would also include curb repair in thosc arcas with curb and gutter and sewer and water repair work. Although presenting this option to the Council the City Engineer stated it was not the preferred option because it did not widen the streets, which are only 24 feet wide, to allow for on-street parking. . There was also discussion of splitting the project into phases and extending it over 2-3 years instead of doing it all in one year. Kevin Kawlewski noted the concern with that is -9 b.- ) l..r Council Workshop Minutes - 2/28/05 . by spreading this project out over 2 or 3 years it is pushing all the other phases of the Core Street program further out allowing the streets to become more deteriorated. With the result being that the worse condition the street is the more costly the repair. Clint Herbst suggested doing a little less right now in this area and overlay other streets which are in better condition thus prolonging their life. The City could then come back and reconstruct the streets in thi s area. Clint Herbst asked about funding for the project. Kevin Kawlewski indicated that in addition to $500,000 that was levied for the street reconstruction fund, there were state aid funds that could be utilized and assessments to the benefiting property owners. Cost estimates for the three options were provided as well as funding options. Clint Herbst stated he would like to put a program together that would provide the street reconstruction at little or no cost to the property owners. He would like to see something in place where the $500,000 levy is collected and held until there is sufficient monies to fund a street reconstruction project. Clint Herbst stated he realized that the levy amount may have to increase from the current $500,000 a year. He felt if this meant a street reconstruction project was only done every other year that would still be better than having the property owner pick up more of the street reconstruction cost. . John Simola said River Street is almost a total reconstruction but there is not a lot of sewer and water work to be done on the portion of River Street that is proposed for reconstruction. Clint Herbst stated with all the construction activity going on such as the interchange project and the Chelsea Road extension additional street construction would make it vcry disruptive for traffic. Clint Herbst suggested a slower approach in gctting the program done at a lower cost for the property owner. He also noted if the Insignia and Heritage developments come on line the wastewater treatment plant will likely need to be expanded. The John Simola noted that the original project (77-3) assessed approximately $.20 for every $1.00 of cost. Brian Stumpf said he would not be against omitting the curb and gutter from this project. Clint Herbst felt that people would feel stronger about the project if the cost was not so high. Glen Posusta felt the current assessment rates would be to upsetting to the property owners. Brian Stumpf pointed out that when the City set the policy for the Street Reconstruction Program they decided on a set rate that would be adjusted each year for construction price index. The rate for residcntial propcrty started at $2500 which he did not feel was excessive. Clint Herbst asked how much of the $500,000 that had bcen levied in previous years had been applied to the projcct and what if any remaincd. Glen Posusta agreed that there was a lot of new construction going on and he felt a year's delay would not make that much difference. He felt that the City should do the streets that needed thc mill and overlay this year and then come back next year to work on those streets that needed reconstruction. If it was a couple of years before the streets needed an overlay, then perhaps the City should consider doing a small portion of the proposed project. 2 . The Council discussed the condition of River Street and Roger Mack noted there were water problems by Riverside Cemetery. Clint Herbst suggested doing just River Street. Kevin Kawlewski said the storm sewer work would be flmded 80% by the trunk storm sewer fund and 20% trom assessments from benefiting properties. Estimates for the cost ,~ )~-I~) Council Workshop Minutes - 2/28/05 . for a lot was $477 for storm sewer, $2700 for street reconstruction and if curb and gutter was installed $1500 for that. The City Engineer felt that if the Council wanted to assess a lower amount or change the scope of the project that was their option but he did feel the streets should be brought up to the City's design standards. Clint Herbst telt the City should be funding a bigger portion of the cost and perhaps the annual levy for street reconstruction needed to be increased. Brian Stumpf questioned the commercial designation for the Ritze property since a portion of it vvas used as a residence. Clint Herbst felt if it was used as residence that is how it should be assessed even though the zoning designation may be different. The Council also raised the question of drainage on the Heikes property. Brian Stumpf felt that some portion of this project should be done this year otherwise the City will just get further behind in the street reconstruction program. Glen Posusta questioned if everyone was getting assessed equally and there was some discussion on what would be a fair assessment. It was felt that River Street from Chestnut Street to Otter Creek should be reconstructed with curb and gutter. John Simola felt some kind of storm sewer piping should be included. Kevin Kawlewski noted that some re-alignment of Otter Creek Road would have to be done. Matt Thiesen asked about Pitts Addition and how that would be assessed. Kevin Kawlewski replied those residents are on a private road that could only be assessed for storm sewer improvements. He said if the drainage comes onto a public street they could be assessed for street. . Clint Herbst reiterated that the City should try to lower the assessment rate. Wayne Mayer said if the City is going to lower the rate it should be done this year and then adopt a policy relating to the assessment procedures. It was questioned whether inflation should be factored in. There was some discussion on the merits of doing a larger project -vs- smaller projects. Kevin Kawlewski reminded the Council that if the City bonds for a project 20% of the costs must be assessed. Matt Thiesen asked about sidewalk on both sides of River Street. John Simola felt it should be sidewalk on the cemetery side only. John Simola suggested the Council go with River Street from Chestnut to Otter Creek with storm sewer and curb and gutter. River Street would be widened to 32 feet and all other streets remaining at 28 feet. It was suggested the engineer prepare an estimate with 20%,30% and 40% of the project cost assessed. Kevin Kawlewski stated the Council should take action at the Council meeting to accept the amended feasibility report and call for a public hearing. March 28[h was the suggested date for the public hearing. The workshop meeting closed at 6:45 p.m. . Recording Secretary " ~ . l). g -- (r: . SA. Council Agenda - 3/14/05 Consideration of approvinl! new hires and departures for MCC and Liquor. (R W ) A. REFERENCE AND BACKGROUND: The Council is asked to ratify the hiring and departures of employees that have occurred recently at the MCC and Liquor Store. As you recall, it is recommended that the Council oflicially ratify the hiring of all new employees including part-time and seasonal workers. B. AL TERNATIVE ACTIONS: I. Ratify the hiring of the employees as identified on the attached list. C. SUPPORTING DATA: . . Lists of new employees. )q NEW EMPLOYEES . Name Martinson, Cati Tilie Cash ier / Clerk Department Liquor Hire Date Class 2/24/2005 Part-Time employee councillist.xis: 3/10/2005 Sri ~ ,;:)0 TERMINATING EMPLOYEES Name Reason Department Last Day Class Henningson, Josh Season Ended Parks 1/15/2005 Temporary Jopp, Mamie Voluntary MCC 2/14/2005 Part-Time McAlpine, Amanda L. Voluntary MCC 1/1/2005 Part-Time . Willard, Jim Voiuntary Liquor 2/24/2005 Part-Time . ~ . . Council Agenda - 3/14/05 5B. Consideration ofwaivilll! statutory liability limits for City insurance renewal. (RW) A. REFERENCE AND BACKGROUND: The purpose of this item is have the Council formally adopt whether it wants to waive or not waive its monetary limits on tort liability as part of insurance coverages. At the previous meeting, more information was requested on the cost of our umbrella liability insurance policy and the effect that the excess liability coverage would have on this waiver procedure. Our annual insurance coverages are renewable in March of each year, and as part of the renewal process, the City Council must formally indicate whether they want to waive monetary limits established by state statute. By state statute, statutory tort limits exist that limit the City's liability to $300,000 on any claim per individual and $1,000,000 from all claimants for one incident. In addition to the basic $1,000,0000 coverage limit, the City has, in the past, purchased an umbrella policy adding another $1,000,000 worth of coverage. Even though the City carries, in effect, $2,000,000 worth liability coverage, it is has been the past decision of the City Council to not waive its monetary limits on tort liability thus still normally limiting our liability to $300,000 per person. If the Council did not take this position, any individual could seek damages above the $300,000 limit in any lawsuit. In regards to whether there is a reason to carry excess liability insurance because of the state limits on liability. that does become an individual city's decision, but has been our past practice to carry excess liability coverage because there may be cases where the basic insurance coverage would not be sufficient for such items as federal civil rights lawsuits, liability issues assumed by contract, liability for actions in another state, inverse condemnation liability for land use claims or ifthe courts should suddenly indicate that the City isn't under the $300,000 liability for a particular lawsuit. In other words, there arc cases where the City could be at risk for damagc awards in excess of our insurance coverage if we didn't carry the extra $1,000,000 worth of umbrella policy. There is a cost to carrying the extra umbrella policy and that is approximately $15,580 for the upcoming year. This umbrella policy is not required to be taken out. but the Council needs to be aware that there are risks associated with not carrying excess liability coverage, although they are limited risks. Enclosed you will find some background information from LMCIT that further defines our liability limits and some questions and answers as to why some cities should consider carrying excess liability. I have broken down the issue into two actions the Council should take, one being whether to waive or not waive our statutory liability limits and number two to consider whether you want to carry an umbrella policy. B. DECISIONS: 1. The Council should formally indicate that the City of Monticello docs not waive the monetary limits on tort liability established by Minnesota Statute 466.04. ,)1 . . E. . Council Agenda - 3/14/05 It is the recommendation of the City Administrator that the City Council should utilize the tort limits established by state statute and do not waive your monetary limits. 2. Regardless of the action taken above, the Council should take specific action if you are deciding not to continue with the excess umbrella liability policy. The total insurance coverages for the City for all buildings, vehicles and liability coverages (without workmens comp) is over $150,000 a year so excess liability coverage is about 10% of our total premium. C ALTERNATIVE ACTIONS: I. Authorization to continue carrying excess liability coverage in the amount of $1,000,000 through the LMCIT program. 2. Direct staff to discontinue to excess liability coverage. D. STAFF RECOMMENDATION: It is the City Administrator's recommendation that we: I) Do not our waive our monetary limits on tort liability and 2) continue with carrying excess liability coverage. If we can limit potential liability claims by individuals, there does not appear to be sufficient reason why you would want to waivc your statutory rights and allow someone to sue thc City for more than 5300,000. Regarding the excess liability coverage, it certainly is a risk management decision, but for thc amount of coverage that would be provided, increasing our overall insurance cost by 10% for this coverage seems reasonable and minimizes a large loss in the future. SUPPORTING DATA: Copy of liability insurance application form League memos d,;;). . ~ Does the utilities commission's insurance company understand that the city and the utilities commission are not sepamte entities? That is, do they understand that they must handle a claim arising from the utilities operations that names the "City of Mosquito . Heights" as the defendant? (One possible way to clarifY this might be to have the utilities commission's instmlnce issued to "City of Mosquito Heights DBA Mosquito Heights Utilities Commission".) If the city needs to cover a gap in coverage that's left by the utilities commission's private insurance, please contact your LMCIT underwriter. Additional premium may be necessaty. · Municipal power agencies and municipal gas agencies. Under the statutes, a municipal power agency or mtiriicipal gas agency is legally a separate poIltical sUbdivision, even though it's created by contract am.OIlg two or more cities. Thlis these organizations have some characteristics of both political subdivisions and joint powers entities. The city's .LMCIT liability coverage excludes claims arising from the activities of a municipal power or gas agency. If yoUr city participates in a inunicipal pOwer or gas agency, you need to make sure that the agency has appropriate lia.bility coverage. You need to look at the same kinds of coverage questions that arise with covering EDA's, etc. Medical Payments Coverage The "Medical and Related Payments Coverage" isplni ofLMCIT's gei1eralliability coverage agreement "This coverage provides a liruited amount ($1,000) of "no-faulf' medical payment . coverage for those injured on city property because of a condition in the property. Some' question whether there is a valid purpose for cities to pay these fimds in situations when the city is not legally liable. Others argue that the payments provide a simple and inexpensive way to possibly head off what might turn into a more expensive liability claiIll. LMCIT therefor gives the city the option to delete this medical payments coverage if they wish. Whether to waive the statutory per-person limit for liability coverage The LMClT liability coverage is issued with a $1,000,000 per occurrence limit The coverage form does not automatically waive the statutory provisions that liruit the city's lia.bility to $300,000 per claimant However, the city has the option to waive the statutory pet-person limit Each city needs to considet whether or not to waive the statutory per-person limit Here's a shorthand Sllmm~ry of the practical effects of that decision. · If the city does not waive the statutory ton limits, an mdiVidiJa! c1alina!lt wollld.be al:>1e to recover Damore than $300,000 on any claim to which the sta1utory tort limits apply. The total WhiCh iill. c1mmantS would be able to recoverfoi" a single ~ceto Which lhe statutory tort limits apply would be limited to $1,oob,ooo.These statlltoty tortliIDits would apply regardless of whether or not the city purchases the optional. excess liability coverage. ( (AI!I\I,I\t((A) 16 5 ~- ~L{ . -I 17 'r-')B-:)S . . If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,000,000 on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,000,000, regardless of the number of claimants. . If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up 10 the limit of the coverage purchased The total which all claim.nts would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. The LMCIT memo "LMCIT Liability Coverage Options: Liability Limits, Coverage Limits, and f' () Waivers" discusses this in more detail. The memo is available at the LMCIT web site or by fJ71a c hr!if calling LMCIT. ; . - Excess Liability Coverage c f).w. ~Ie U et) LMCIT provides a standard $1,000,000 liability coverage limit to match the statutory limit Ho.wever, there are a number of ways in which that coverage could turn out not to be enough: federal civil rights suits, liability assumed by contract, liability for actions in another state, inverse condelIl1llition liability for land use claims, the possibility of the caps beip.g found invalid, and exhaustion of annual aggregate limits on products liability, limited pollution and land use c1aimsare some examples. -- :: . In light of these various ways cities can be exposed to liability beyond the statutory limits, the city should consider purchasing higher limits of liability coverage. LMCIT makes available up to $5,000,000 of additional limits at the city's option. Sometimes city officials reason that "we're only a sma1I citY, so we don't need high liability coverage limits." But arguably the opposite is true: A big city has much more tax base and many more taxpayers over which to spread, say, a $1,000,000 excess judgment; ill a small city, the bmien per taxpayer could be enormous. The LMCITmemo "LMCIT Liability Coverage Options: Liability Limits, Coverage Limits, and Waivers" discusses this in more detail. The memo is available at the LMCIT web site, through the fax library, by calling LMCIT. Contractual Liability I Additional Covered Parties The LMClT covenap.tprovides coverage for most contracts. The covenant can aJ.so be endorsed to provide coverage for addjtionlil covered parties when requested. It is important to review all contracts and requests for additional insureds, and to consider the following points: . Sometimes a contractor or city will request an "additional insured" endorsement, when what the contract actually calls for is a Certificate of Insurance. . -, . . . League of Minnesota Cities Insurance Trust 145 University Avenue West, St. Paul, MN 55103-2044 (651) 281.1200 . (800) 925.1122 Fax: (651) 281-1298 . TDD: (651) 281-1290 www.lmnc.org LMC ~ 0/ Mmr...om Citi.. CitW promoIi"u u:mJkmC8 RISK MANAGEMENT INFORMATION LMCIT LIABILITY COVERAGE OPTIONS Liability Limits, Coverage Limits, and Waivers LMCIT gives cities several options for structuring their liability coverage. The city can choose either to waive or not to waive the monetary limits that the statutes provide; and the city can select from among several liability coverage limits. This memo discusses these options and identifies some issues to consider in deciding which ofthe options best meets the city's needs. What are the statutory limits on municipal tort liability? The statutes limit a city's tort liability to a maximum of $300,000 per claimant and $1,000,000 per occurrence. These limits apply whether the claim is against the city, against the individual officer or employee, or against both. What are the coverage limits for LMCIT's basic primary liability coverage? LMCIT's liability coverage provides a limit of$I,OOO,OOO per occurrence, matching the per- occurrence part of the statutory municipal tort liability limit. Under the basic coverage form the $300,000 per claimant part ofthe statutory liability limit is not waived, so if the statutory limit applies to the particular claim, LMCIT and the city would be able to use that limit as a defense. Beside the overall coverage limit of $1 ,000,000 per occurrence, there are also annual aggregate limits (that is, limits on the total amount of coverage for the year regardless of the number of claims), for certain specific risks. Aggregate limits apply to the following: $1,000,000 annuall $1,000,000 annuall $1,500,000 annuall $1 ,000,000 annuall $200,000 annuall $1,500,000 annuall $1,000,000 annuall $1,000,000 annuall * The limit applies to both damages and defense costs. ** Coverage is on a sliding scale percentage basis, and applies to both damages and litigation costs. \')~-.)lr . If the statute limits our liability to $1,000,000 per occurrence, why would the city purchase higher coverage limits than that? There are several different reasons why cities should strongly consider carrying higher limits of liability coverage. I. The statutory tort limits either do not or may not apply to several types of claims. Some examples include: . Claims under federal civil rights laws. These include Section 1983, the Americans with Disabilities Act, etc. · Claims for tort liability that the city has assumed by contract. This occurs when a city agrees in a contract to defend and indemnify a private party. · Claims for actions in another state. This might occur in border cities that have mutual aid agreements with adjoining states, or when a city official attends a national conference or goes to Washington to lobby, etc. · Claims based on liquor sales. This mostly affects cities with municipal liquor stores, but it could also arise in connection with beer sales at a fire relief association fund-raiser, for example. . . Claims based on a "taking" theory. Suits challenging land use regulations frequently include an "inverse condemnation" claim, alleging that the regulation amounts to a "taking" of the property. 2. LMCIT's primary liability coverage has annual limits on coverage for a few specific risks. The table on page I lists the liability risks to which aggregate coverage limits apply. If the city has a loss or claim in one of these areas, there might not be enough limits remaining to cover the city's full exposure if there is a second loss of the same sort during the year. Excess liability coverage gives the city additional protection against this risk as well. However there are a couple of important restrictions on how the excess coverage applies to risks that are subject to aggregate limits: S~. d-l . The excess coverage does not apply to four risks: lead and asbestos;failure to supply utilities; mold; and "limited pollution" claims if either the pollutant release or the damage is below ground or in a body of water; and · The excess coverage does not automatically apply to liquor liability unless the city specifically requests it. . 3. The city may be required by contract to carry higher coverage limits. Occasionally, a contract might include a requirement that the city carry more than $1,000,000 of coverage limits. Carrying excess coverage is a way to meet these requirements. (There's also another 2 . option for cities in this sitnation. LMCIT can issue an endorsement to increase the city's coverage limit only for claims relating to that particular contract. There's a small charge for these "laser" endorsements.) 3 S~~ ~~ 4. There may be more than one political subdivision covered under the city's coverage. An HRA, EDA, or port authority is itself a separate political subdivision. If the city EDA, for example, is named as a covered party on the city's coverage and a claim were made that involved both the city and the EDA, theoretically the claimant might be able to recover up to $1,000,000 from the city and another $1,000,000 from the EDA, since there are two political subdivisions involved. Excess coverage is one way to provide enough coverage limits to address this sitnation. Another solution is for the HRA, EDA, or port authority to carry separate liability coverage in its own name. This issue of multiple covered parties can also arise is if the city has agreed by contract to name another entity as a covered party, or to defend and indemnify another entity. 5. Cities sometimes choose to carry higher coverage limits because of a concern that the courts might overturn the statutory liability limits. However, those limits have now been tested and upheld several times in Minnesota. While it's always possible that a futnre court might decide to throw out the statntory limits, this is now less of a concern. What excess liability coverage limits are available? . Excess coverage is available in $1 million increments, up to a maximum of $5 million. We're just a small city. Isn't excess liability coverage really just something that big cities might need? Absolutely not. If anything, excess liability coverage is even more important to a small city. If a city ends up with more liability than it has coverage, the city will have to either draw on existing funds or go to its taxpayers to pay that judgment. A large city faced with, say, a million dollars ofliability over and above what its LMCIT coverage pays might be able to spread that $1 million cost over several thousand taxpayers. The small city by contrast might be dividing that same $1 million cost among only a couple hundred taxpayers. $1 million divided among 5000 taxpayers is $200 apiece - annoying but probably at least manageable for most taxpayers. $1 million divided among 200 taxpayers is $5000 apiece - enough to be a real problem for many. How does excess coverage apply to uninsured/underinsured motorist coverage? Ifthe city carries excess liability coverage, the city has the option to have the excess coverage also apply to uninsured or underinsured motorist (UMIUIM) claims. To do so, the city must first increase its primary UMIUIM limit from the basic $50,000 to $1,000,000. There are additional premium charges both to increase the primary UMlUIM limit and to apply the excess coverage to the UMIUIM exposure. The city needs to consider whether the benefit from having higher UMIUIM limits is worth that cost. . . . . The UMfUIM coverages are intended to assure that an injured driver will be compensated if s/he is injured in an accident caused by an uninsured or underinsured driver. The UMfUIM coverage steps into the place of the liability insurance that the driver should have had. Keep in mind that in the case of city vehicles, an injury to the driver while operating a city vehicle would in most cases be covered by workers' compensation. The amounts the individual would be able to recover from UMfUIM would be in addition to the medical, indemnity, and other benefits paid under work compo In many cases, it would amount to a double recovery for the individual's injuries. A city might decide to carry a higher limit for a couple reasons: if they believe the workers' compensation benefits are insufficient to compensate their injured employees; or if they want to make sure that non-employees riding in city vehicles are fully compensated in the event of an accident with an uninsured or underinsured vehicle. (Note that in most cases the passenger's own UMfUIM would also respond.) LMCIT now gives the cities who participate in the primary liability coverage the option to waive the $300,000 per claimant statutory liability limit. What's the effect if we do this? If the city chooses the "waiver" option, the city and LMCIT no longer can use the statutory limit of $300,000 per claimant as a defense. Because the waiver increases the exposure, the premium is roughly 3% higher for coverage under the waiver option. If the city waives the statutory limit, an individual claimant could therefor recover up to $1,000,000 in damages on a claim. Of course, the individual would still have to prove to the court or jury that s/he really does have that amount of damages. Also, the statutory limit of $1,000,000 per occurrence would still apply; that would limit the individual's recovery to a lesser amount if there were multiple claimants. Why would the city choose to pay more in order to get the waiver-option coverage? Does it give the city better protection? No. Buying coverage under the "waiver" option doesn't protect the city any better. The benefit is to the injured party. The statutory liability limit only comes into play in a case where 1. the city is in fact liable; and 2. the injured party's actual proven damages are greater than the statutory limit. Very literally, applying the statutory liability limit means that an injured party won't be fully compensated for his/her actual, proven damages that were caused by city negligence. Some cities as a matter of public policy may want to have more assets available to compensate their 4 ~~ ~ _ d-C\ . . . citizens for injuries caused by the city's negligence. Waiving the statutory liability limits is a way to do that. Other cities may feel that the appropriate policy is to minimize the expenditure of the taxpayers' funds by taking full advantage of every protection the legislature has decided to provide. There's no right or wrong answer on this point. It's a discretionary question of city policy that each city council needs to decide for itself. How would the waiver affect onr city's coverage or risk on those claims that the statutory tort liability limits don't apply to? It doesn't. Waiving the statutory tort limits has no effect on claims that the statutory limits don't apply to. What's the effect of waiving the statutory limits if we have excess coverage? If the city has $1 million of excess coverage and chooses to waive the statutory tort limits, the claimants (whether it's one claimant or several) could then potentially recover up to $2 million in damages in a single occurrence. If the city carries higher excess coverage limits, the potential maximum recovery per occurrence is correspondingly higher. Carrying excess coverage under the waiver option is a way to address an issue that some cities find troubling: the case where many people are injured in a single occurrence caused by city negligence. Suppose, for example, that a city vehicle negligently runs into a school bus full of kids, causing multiple serious injuries. $1,000,000 divided 50 ways may not go far toward compensating for those injuries. Excess coverage under the waiver option makes more funds available to compensate the victims in that kind of situation. The cost of the excess liability coverage is about 25% greater if the city waives the statutory tort limits. The cost difference is proportionally greater than the cost difference at the primary level because for a city that carries excess coverage, waiving the statutory tort limits increases both the per-claimant exposure and the per-occurrence exposure. If we waive the statutory tort liability limits, does it increase the risk that the city will end up with liability that LMCIT doesn't cover? No. The waiver form specifically says that the city is waiving the statutory tort liability limits only to the extent of the city's coverage. Of course, that's not to say that there is no risk that the city's liability could exceed its coverage limits. We listed earlier a number of ways that could happen to any city. But the waiver doesn't increase that risk. 5 s \; - 30 . . . Can we waive the statntory tort limits for the primary coverage bnt not for the excess coverage? No. If the city decides to waive the statutory tort limits, that waiver applies to the full extent of the coverage limits the city has. The city cannot partially waive the statutory limits. I'm confused. Is there a simple way to summarize the options? It's not necessarily simple, but the table on the following page is a shorthand summary of what the effect would be of the various coverage structure options in different circumstances. I'm still confused. Who can I talk to? Give us a call at the League office. Pete Tritz, Tom Grundhoefer, Bill Everett, Doug Gronli, or any ofLMCIT's property/casualty underwriters will be glad to talk with you. 6 t) B ~ l . . ~ == o ... .... Q.. o ~ OJ) <'l l. ~ .. o U C ... - ... .c <'l ... ~ ~ .... u ~ ~ . ~ .=l!:l. OJ !:l. :a ~ ~ o ... ... o = o e~ 0; ~ - ,~ OJ e .0:.= :.=>. ,~ ...- ,Q 0 <'l... := = ... <'l <'l =~ o .. .=l ... .=l .~ >. .=l- ~ ~ o <'l ... '" ... e ,~ ,~ e <'l ,~ - - OJ t' Co ,~ ... :: = ,Q... ,:! ~ - '" <'l .. =.=l 0'" "" u '- :.a 0 a: ~ t ~~ ~ OIl '- " ro ta s ~...t::: ~ '"C~.s '-~'- 0, 0 ".€ :2 ::l U " ~~:a (ij -- ;; s is ~ ::l >> ~ .5 i1 8' ~:a ~ o ::l ] ~ 8 i :; t 0 a .~ u ~ E :.a ::2 gp.a f--~'U;u ~ " " ;. U o " U " ~ ~ .", ::l '3 8 o 0 U " ~~ ~ @_s ~ s ~ .;::: c:a.::::: ro -- -- '''' ;:: E-< .s u 0 s- ::l- S ~ .- '" ~;S s c " ::l "" 0 - .~ 1l s.s _ ::l ctI !:l S U .. .~ ~ g '" OIl ~ S.:: ~ ~~ (!) >:I'l 0 '"' ..c ~ u u -- 'E ~ ~ .~ ;:::S "0 l:: U'J 0 - ;::::l :.E S :5 8 r- ctI u 0 .. .. = ... OJ = .. ... '" .. IOJI <'l .. .. .. o U .0 'OJ .. .=l ... .... .... o o o o o 0, - "" ~ d;d'~ " .s 0Il- ~ C ~ .s 8~ ~- ~ ~ Q) " ~;S Q) " Q) ;. ;. .a 11 ~ - - o 0 " " ~ ~ " " o 0 00 o o o o o 0, - "" o o o 0' o 0, - "" o o o o o M "" o(l " OIl '" ~ ~ .~ o S u:.=: ~ ~ c U 0 ,,- " ::l ,,0; ;.1;: '" " ::-5 g ~ ~ ;. Q) ';:j 8~ o o o o o o '" "" o o o o o 0, - "" o o o o o 0, - "" o o o o o 0, - "" o(l " ~ gp.~ il .S ;.- o C U 0 ~ - ~ ::l 8 ~ ~ "in '-ll 0_ o Q) o ;. o,.a g ~ 0" "0 - " '" ~ ~ " '" 0 :r:o o o o o o o '" "" o o o o o o N "" o o o o o M "" o o o 0' o o N "" o(l " gp ~ " ;. o ~ ;2 ~] ;j c '- 0 o "S 8~ 01;: 6" 0"" 0- , ~ - " '" ;. ~ .a :r:~ ., o '" .... ~ '" s-B-~~ . . . sc. Council Agenda - 314/05 Public Hearine:: Consideration of a request for a replat for Prairie Ponds Second Addition, a three lot commercial subdivision, and request to rezone Prairie Ponds First and Second Addition from B-3 (Hie:hwav Business) to B-4 (Ree:ional Business). Applicant: Prairie Pointe. LLC (NAC) A. REFERENCE AND BACKGROUND Planning Commission reviewed the replat and rezoning request and recommended approval of both items. Please note that the subsequent final flat for Prairie Ponds 2nd Addition is on the City Council's agenda as well. This item is placed on the consent agenda for approval under alternative 1 for both decision 1 and decision 1. Replat The applicants are seeking a replat of a portion of Prairie Ponds to create three re-shaped commercial building lots from Lots 3. 4 and 5 of Block I of the original Prairie Ponds plat. The replat is intended to accommodate a bank development (on a portion of the proposed Lot 2, with pad development sites for what are currently undesignated uses. The lot shapes create a driveway route to Deegan Avenue NE which will be used by all three commercial lots under a future CUP or PUD design. The lots each meet the City's commercial zoning requirements. Specific development detail is still be prepared for the bank project, and should be available for review during the April meeting cycle. Rezoning To accommodate the bank and other similar commercial uses, the applicants are seeking a rezoning of the entire Prairie Ponds area to B-4, Regional Business. This zoning district is more encompassing than the current B-3 District, which is oriented toward automobile uses and other highway business. The B-4 district is the City's most comprehensive business district. and is the zoning designation for the adjoining Jefferson Commons commercial project. as well as other commercial areas to the east of Highway 25. The City's Comprehensive Plan directs the area for commercial use, leaving the precise zoning designation to more detailed review. In this case, both the long term future of the area, as well as the adjoining commercial zoning. would suggest that the B-4 designation is the most appropriate zoning for the Prairie Ponds development. B. ALTERNATIVE ACTIONS Decision 1: Rezoning from B-3, Highway Business, to B-4, Regional Business I. Motion approve the rezoning, based on findings that the best long-term use of the site is for regional commercial uses, and that the B-4 designation would be compatible with the adjoining commercial property, also zoned B-4. 2. Motion to deny the rezoning, based on a finding that Highway Business is the best long term use of the property. ~3 Council Agenda - 314/05 ~ Decision 2: Replat for Lots 2, 3, and 4, Block I of Prairie Ponds. I. Motion to approve the replat, based on a finding that the replat is best suited for the specific development needs of the property, and that all lots in the replat will continue to meet the City's zoning requirements. 2. Motion to deny the replat, based on findings to be developed by the City Council. C. STAFF RECOMMENDATION Staff recommends both the rezoning and the replat. The plat only affects the shape of the lots, not the number or use of the property. As noted, all lots would continue to conform to the City's zoning regulations. Staff also recommends the rezoning as being the most compatible zoning designation for the long term land use of the property. D. SUPPORTING DATA . A. Site Location Map B. Revised Preliminary Plat C. Revised Utility Plan D. B-3 Zoning District Regulations E. 8-4 Zoning District Regulations ~ 3l\ -~----.....~ BA -/( c CHtLSEA w > : ~ . o ~ ~ < .q If . ., ROAD OONQAS : 8 i;~ t . * ... ~ ~ : 0 Op U : ELL8ERO'S MIB1LE ~ PMK lEAST) 'HOME '..n ... r;.,. . 'J . g . ~ : ti . ~ o . . . . - - - , . > . " . z ~ :8 N.E.65th STREET --4 /1 I) s c - 3S -'JS ! I_...,,,,,,..r,,z",,,,,,,,,,,,,,,,," :,J.,8 03XJ3H:J ~"~I '/N - <IOU! , ;~J or; - <<:Ju,I I l6t6 Ut9 (Zl!.) 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I , , , , I .--.... /'" i I ~ ~ ~ I .~ - I I u I. 1/"\11 ,l 1\--' 'J:,jl .L 1"._1'--' .:--- .~ CHAPTER 13 "B-3" HIGHWAY BUSINESS DISTRICT SECTION: 13-1 : Purpose 13-2: Permitted Uses 13-3: Permitted Accessory Uses 13-4: Conditional Uses 13-5: Interim Uses 13-1: PURPOSE: The purpose of the "B-3," highway business, district is to provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. 13-2: PERMITTED USES: The following are permitted uses in a "B-3" district: [A] All permitted uses as allowed in a B-] and B-2 district. [B] Auto accessory store. [C] Commercial recreational uses. [0] Motels. motor motels, and hotels provided that the lot area contains not less than live hundred (500) square teet of lot area per unit. [E] Restaurants. cafes, tea rooms, taverns, and off~sale liquor, provided that the use is not located within 300 ft of a residential zone. (#258.09/26/94) [F] Private clubs or lodges serving food and beverages with use being restricted to members and their guests. Adequate dining room, kitchen, and bar space must be provided according to standards imposed upon similar unrestricted customer operations, The serving of alcoholic beverages to members and their guests shall be allowed. providing that such service is in compliance with applicable tederal, state. and municipal regulations. Offices of such use shall be limited to no more than twenty (20) percent of the gross floor area of the building. [G] Taxi terminals. stand. and offices. [H] Small printing or publishing business employing six (6) or less persons. SC-3~ MONTICELLO ZONING ORDINANCE 13/I 13-3: PERMITTED ACCESSOR Y USES: The following are permitted accessory uses in a "B_3'1 district: [A] All permitted accessory uses as allowed in a "B-2." limited business. district. [B) Adult Use/Accessory (#217.01113/92) 13-4: CONDITIONAL USES: The following are conditional uses in a "B-3" district: (Requires a conditional use permit based upon procedures set forth in and regulated by Chapter 22 of this ordinance.) [A] Drive-in and convenience food establishments provided that: I. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of lot. 2. At the boundaries of a residential district. a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 3, Section 2 [0]. of this ordinance. 3. Each light standard island and all islands in the parking lot landscaped or covered. I 4. Parking areas shall be screened from view of abutting residential districts i,. compliance with Chapter 3. Section 2 [0]. of this ordinance. 5. Parking areas and driveways shall be curbed with continuous curb not less than six (6) inches high above the parking lot or driveway grade. 6. Vehicular access points shall be limited. shall create a minimum of conflict with through traffic movements. shall comply with Chapter 3, Section 5, of this ordinance. and shall.be subject to the approval of the City Engineer. . 7. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Chapter 3. Section 2 [H]. of this ordinance. 8. The entire area shall have a drainage system \vhich is subject to the approval of the City Engineer. 9. The enti"karea other than that occupied by buildings or structure or plantings shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City Engineer. MONTICELLO ZONING ORDINANCE 13/2 sc- 3q 10. ^JJ signing and informational or visual communication devices shall be in compliance with Chapter 3. Section 9. of this ordinance. J I. The provisions ofChupter 22 of this ordinance are considered and salisJactoriJy met. [81 CARW^SHES (DRIVE THROUGH. MECHANICAL AND SELF- SERVICE) PROVIDED THAT: I. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as tei cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 2. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period und shall he sllbj~ctto the approval ofthc City Engine~r. 3. At thc boundaries of a residential district, a strip of not less than five (5) feet shaJJ be landseuped and screened in compliance wi th Chapter 3. Section 2 [GJ. of this ordinun~e. 4. Each light standard islund and all islunds in the parking lotlandscapcd or eover~d. 5. Parking or car magazine storage space shall be screened from view of ahutting residentiul dis(ri~(s in compliance with C1mpter 3. Section 2 [GJ. of this ordinance. 6. The entire areu other thun occupied hy the buildings or plantings shall be surlaeed with materiul which will control dust and druinage which is subject to the approval of the City Engineer. 7, The entire area shall ha\'e a drainage system which is suhjectto the approval of the Cit) Engineer. 8. All lighting shall be hooded and so directed that the light source is not visible li'om the puhlic right-of-way or from an abutting residence and shall be in compliance with Chapter 3. Section 2 [H]. of this ordinance. 9. Vehicular access points shall be limited. shall create a minimum of contlict with through traffic mo\ement and shall be subject to the approval of the City Engineer. 10. All signing and inti",mational or \'isuul communication dc\'ices shall he in compliance with Chapter 3. Section 9. of this ordinance, MONTICELLO ZONING ORDINANCE 13/3 sc... '-I V 11. Provisions are made 10 control and reduce noise. 12. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [C] MOTOR FUEL STATION. MOTOR FUEL STATION/CONVENIENCE STORE. AUTO REPAIR-MINOR. AND TIRE AND BATTERY STORES AND SERVICE PROVIDED THAT: 1. Regardless of whether the dispensing, sale, or offering for sale of motor fuels and/or oil incidental to the conduct of the use or business, the standards and requirements imposed by this ordinance for motor fuel stations shall apply. These standards and requirements are. however, in addition to other requirements which are imposed for other uses of the property. '1 The architecturnl appearnnce and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting intluence within a reasonable distance of the lot. 3. The entire site other than that taken up by a building. structure. or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Enginecr. 4. A minimum lot area of twenty-two thousand ti\'c hundred (21.500) square feet and minimum lot dimensions of one hundred tilt) (ISO) feet by one hundred thirty (130) leet. 5. A drainage system subject to the approval of the City Engineer shall be installed. 6. A curb not less than six (6) inches above grade shall separate the public side\\alk from motor vehicle service areas. 7. The lighting shall be accomplished in such a way as to haw no direct source oflight visible from adjacent land in residential use or from the public right-of-\vay and shall be in compliance with Chapter 3. Section 2 [H]. of this ordinance. 8. Wherever fuel pumps are to be installed, pump islands shall be installed. 9. At the boundaries ofa residential district. a strip of not less than fiw (5) feet shall be landscaped and screened in compliance \\ith Chapter 3. Sectinn 7 [G]. of this ordinance. MONTICELLO ZONING ORDINANCE 13/4 5c...-l./d. ]3. ]4. ]5. ]6. 17. 18. 10. Each light standard landscaped. II. Parkin" or car ma"azinc storaoe space shall be screened li'om view of ~ e ~ abutting residential districts in compliance with Chapter 3. Section 2 [G]. of this ordinance. ]2. Vehicular access points shall create a minimum of confl ict with through traffic movement, shall comply with Chapter 3, Section 5, of this ordinance. and shall be subject to the approval of the City Engineer. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Chapter 3, Section 9, ofthis ordinance. Provisions are made to control and reduce noise. No outside storage except as allowed in compliance with Chapter ]3, Section 4, of this ordinance. Sale of products other than those specifically mentioned in Chapter 13, Section 4. be subject to a conditional use permit and be in compliance with Chapter 13, Section 4[F], of this ordinance. All conditions pertaining to a specific site are subject to change when the Council. upon investigation in relation to a formal request. finds that the general welfare and public betterment can be served as well or better by modifying the conditions. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [0] New and used automobile/light truck sales and display provided that: I. The minimum building size for any auto sales use shall comply with the following standards: Parcel Size Up to 2 acres Lot Coverage Percent* Minimum Building Size* 5% 2,500 square feet More than 2 acres to 4 acres More than 4 acres 10% ] 0,000 square feet 15% 40.000 square feet *Whichever requires the larger building. (#351. 8/14/00) MONTICELLO ZONING ORDINANCE 13/5 'S Cr '-\~ MONTICELLO ZONING ORDINANCE 13/6 5 c- '-/ y 2. Outside sales and display areas are fenced or screened from view of neighboring residential uses or an abutting "R" district in compliance with Chapter 3, Seetion 2 [G]. of this ordinance. 3. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences, and shall be in compliance with Chapter 3, Section 2 [H]. of this ordinance. 4. The outside sales and display area shall be hard surfaced. 5. The outside sales and display area does not utilize parking spaces which are required for conformance with this ordinance. 6. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 3. Section 5. of this ordinance. and shall be subject to the approval of the City Engineer. 7. There is a minimum lot area of twenty-two thousand tive hundred (22,500) square feet and minimum lot dimensions of one hundred fifty (150) feet by one hundred thirty (130) feet. 8. A drainage system subject to the approval of tbe City Engineer shall be installed. 9. All signing shall be in compliance with Chapter 3. Section 9. of this ordinance. 10. The provisions of Cbapter 22 of this ordinance are considered and satisfactorily met. [E] Open and outdoor storage as a principal or accessory use provided that: I. The area is fenced and screened from view of neighboring residential uses or if abutting an "ROO district in compliance witb Chapter 3. Section 2 [G], of this ordinance. .., Storage is. screened from view from the public right-ot:\\ay in compliance with Cbapter 3. Section 2 [G]. of this ordinance. 3. Storage area is grassed or surfaced to control dust. 4. AlIligbting shall be hooded and so directed that tbe light source shall not be visible ti'om the right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 [H]. of this ordinance. 5. Does not take up parking space as required for conformity to this ordinance. 6. The provisions of Chapter 22 of this ordinance are considered and satisfactorily me!. [F] Open or outdoor service. sale. and rental as a principal or accessory use and including sales in or from motorized vehicles, trailers, or wagons provided that: I. Outside services, sales and equipment rental connected with the principal uses is limited to thirty (30) percent of the gross floor area of the principal use. This percentage may be increased as a condition of the conditional use permit. 2. Outside sales areas are fenced or screened from view of neighboring residential uses or abutting "R" district in compliance with Chapter 3, Section 2 [G], of this ordinance. 3. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of"way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 [H]. of this ordinance. 4. Sales area is grassed or surfaced to control dust. 5. Does not take up parking space as required for conformity to this ordinance. 6. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [G] Accessory. enclosed retail. rental, or service activity other than that allowed as a permitted use or conditional use within this section provided that: 1. Such use is allowed as a permitted use in a "B-J" or "B_2" district. 2. Such use does not constitute more than thirty (30) percent ofthe lot area and not more than fifty (50) percent of the gross floor area of the principal use. 3. Adequate off-street parking and off-street loading in compliance with the requirements of Chapter 3, Sections 5 and 6. of this ordinance is provided. 4. All signing and informational or visual communication devices shall be in compliance with Chapter 3. Section 9. of this ordinance. MONTICELLO ZONING ORDINANCE 13/7 SL-'-~b 5. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. IHJ Shopping Center. [I] Animal Pet Clinics. ]. Annual inspection by City's health officer at owner's expense. 2. All pets must be leashed. 3. Treatment to be limited to household pets. [J] Pet hospitals with the following condition: l. No outside pens or kennels. 2. Annual inspection by City Health Officer at owner's expense. 3. All animals mllst be leashed. 4. Treatmcnt would be limited to small domesticated animals. 5. No outside storage of carcasses. (#364. 9/10/0]) I K J Commercial storage contained entirely within a building. [LI Commcrcial planncd unit development as regulated by Chapter 20 of this ordinance. [M J Consignment auction sales and/or auction sales. I. The architectural appearance and function plan of the building and site shall not bc so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the 101. MONTtCEU.O ZONING ORDINANrE 13/8 ., At the bOllndaries of residential districts. a strip of not less than 5 feet shall be landscaped and screened in compliance with Chapter 3, Section 2 [GJ. of this ordinance. 3. Any light standard islands and all islands in the parking lot shall be landscaped or covered. S C:'- 46' 4. Parking areas shall be screened from view of abutting residential districts in comflliance with Chapter 3, Section 5 [GJ. of this ordinance. 5. Parking areas and driveways shall comply with Chapter 3. Section 5 [DJ. 6. Vehicular access points shall be limited, shall create a minimum of conflict through traffic movements, shall comply with Chapter 3. Section 5. of this ordinance, and shall be subject to the approval of the City Engineer. 7. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 8. The entire area shall have a drainage system which is subject to the approval of the City Engineer. 9. ^Il signing and infonnation or visual coml11lll1ication devices shall be in compliance with Chapter 3, Section 9. 10. The provisions of Chapter 22 of this ordinance are considered and satisf~lctorily met. 11. ^Il conditions pertaining to a specific site are subject to change when the Council. uflon investigation in relation to a formal request. finds that the general welhlre and public betterment can be served as well or better by modilying the conditions. 12. Outside sales areas are fenced or screened from view of neighboring residential uses or abutting residential districts in compliance with Chapter 3. Section 2 [G], of this ordinance. 13. Outside sales connected with the principal use is limited to 30% of the gross Iloor area of the principal building. This percentage may be increased as a condition of the conditional use permit. 14. Outside sales may not take up parking space as required for conformity to the ordinance requirement. 15. No pets or livestock may be sold at this auction sales facility. 16. Provisions lllust be made to control and reduce noise when adjacent to a residential zoning district. 17. All outside storage shall be effectively screened from public view in aeenrdance "ilh Chapler 3. Section 2 [GJ. and limited to ] 0% of the gross noor area of the principal use building. ~IONTICELLO ZONING ORDIN..\NCT 13/9 SG ~ L\ 7 [N] Outdoor go-kart tracks provided that: I. Th~ proposed use must meet all conditions ofChapler 3. Section -l [A]. 2. The conditional use permit will be reviewed yearly to determine "hether 0 not it is compatible with neighboring properties and in conformance with conditions of the conditional use. 3. A solid wood. six-foot high fence must be part ()fth~ screening required when the adjacent property is residential. 4. For dust and noise (70DB at residential property line) must be controlled at all times to the satisfaction of the City. 5. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [0] Day-care centers provided that: I. No overnight facilities are provided for children served and that said children are delivered and removed daily. 2. An outdoor recreational facility shall be appropriately separated from the parking lot and driving areas by a wood fence not less than 4 feet in height or Council approved substitute, and shall be located continuous to the day-care facility, and shall not be located in any yard abutting a major thoroughfare. and shall not have an impervious surface for more than one- half of the playground area, and shall extend at least 60 feet from the wall of the building or to an adjacent property line. whiche\'er is less. or shall be bound on not more than two sides by parking and driving areas. A minimum size of the outside recreational facility shall be 2.000 sq. ft., or in the alternative 75 sq. ft. per child at licensed capacity. whichever is the greater figure. 3. The regulations and conditions of the Minnesota Department of Human Services and Department of Health, Public Welfare Manual 11-31-30 as adopted, amended, and/or changed. are satisfactorily met. 4. A written indication of preliminary. pending. or final license approval from the regulatory agencies is supplied to the City of Monticello. (# I 52.9/22/86) [P] Auto hody shop repair provided that: I. Door opening to service area garage must not t:1Ce ~tr~et fn)l1tage. tvlONTICELLO ZONING ORDINANCE 13110 5C-1.\ s- 2. Vehicle storage area limited to 50% offioor space of the structure housing the auto body shop. 3. All vehicles being serviced and all vehicle parts must be stored inside or in vehicle storage area. 4. Vehicle storage area shall be enclosed by enclosure intended to screen the view of vehicles in storage from the outside. Enclosure shall consist of a six-foot high. 100% opaque fence designed to blend with the auto hody shop structure and consisting of materials treated to resist discoloration. 5. The floor of the vehicle storage area shall consist of asphalt or concrete pavIng. 6. No work on vehicles or vehicle parts shall be conducted outside the confines of the auto body shop. 7. The advertising wall facing the public right-of-way shall consist of no more than 50% metal material. 8. The secondary or non-advertising wall facing a public right-of-way shall utilize a combination of colors or materials that serve to break up the monotony of a single color flat surface. 9. The development shall conform to minimum parking and landscaping requirements of the zoning ordinance. 10. No conditional use permit shall be granted for an auto body shop within 600 leet of a residential or PZM zone existing at the time the eonditional use permit is granted. (# 175.4/24/89) [OJ Restaurants. cafes. tea rooms, taverns. and off-sale liquor located within 300 ft of a residential zone provided that: I. Primary access must not be through residential street(s). (#258, 9/26/94) [R] Governmental and public utility buildings and structures necessary for the health, safety. and general welfare of the community provided that: I. Conflll1l1ity with the surrounding neighborhood is maintained and required setbaeks and side yard requirements are met. " Adequate screening from neighboring uses and landscaping is provided in accordance with Chapter 3. Section 2. of this ordinance. MONTICELLO ZONING ORDIN.\NCE ] 3/l ] 'Sc- q~_ 3. The provisions of Chapter 22 of this ordinance are considered and satlsfactorily met. (#300. 12/8/97) 13-5: INTERIM USES: The following are interim uses in a "B-3" district (requires an interim use permit bused upon procedures set lorth in and regulated by Chapt..,r 22 of this ordinance ). tA] Trucking and Trucking Service provided that: 1. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing, conforming buildings or areas as to cause impairment in property values or constitute a blighting influence within the district in which the proposed use is located. 2. Parking areas shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2, of this ordinance. 3. The entire site, other than that taken up by a building, structure. or plantings, shall be surfaced with a material to control dust and drainage. which is subject to the approval of the City Engineer. 4. The site shall meet minimum lot dimension requirements of the District. 5. No outside storage except as allowed in compliance with Chapter 13. Section 4[E], of this ordinance. 6. Parking areas accessible to the public. including customers and employees shall be paved in compliance with Chapter 3. Section 5. of this ordinance. 7. No more than six thousand (6.000) square feet of the site shall be devoted to the storage, parking. and/or circulation of semi-tractors and trailers, as illustrated on a site plan submitted in connection with an application for a conditional use permit. 8. All service activities shall occur within the principal building or approved accessory buildings. 9. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. (#30-1.1/12/98) MONTICELLO ZONING ORDINANCE 13/12 5c..-So CHAPTER 14 "B-4" REGIONAL BUSINESS DISTRICT SECTION: ] 4-1: Purpose ]4-2: Permitted Uses 14-3: Permitled Accessory Uses 14-4: Conditional Uses 14-]: PURPOSE: The purpose of the "B-4," regional business, district is to provide for the establishment of commercial and service aciivities which draw from and serve customers from the entire community or region. 14-2: PERMITTED USES: The following are permitted uses in a "B-4" district: [AJ All permitted uses as allowed in a "B-1 ", "B-2", and "B-3" district. [B] Antique or gift shop. [CJ Amusement places (such as dance halls or roller rinks). [OJ Auto accessory stores. [E] Enclosed boat and marine sales. [1'] Books. office supplies. or stationery stores. [0] Bowling alleys. [l-IJ Carpel. rugs, and tile. [I] Coin and philatelic stores. [.I] Copy service but not including press or newspaper. [K] Costume. clothes rental. [L J Department and discount stores. [M] Dry cleaning. including plant accessory thereto. pressing. and repairs. [N] Dry goods store. MONTtCELLO ZONtNG ORDINANCE 14/1 5c-SI [0] Electrical appliance stores, including incidental repair and assembly but not fabricating or manufacturing. [P] Employment agencies. [Q] Finance companies. IRJ Furniture stores. I UJ Haberdasheries and ladies ready-to-wear. [V] Insurance sales, claims and branch offices. [WI Jewelry stores and watch repair. [X] Leather goods and luggage stores. I YJ Record. music shops. [Z] Restaurants. tea rooms, cafes, taverns, and off-sales liquor stores. [AAJ Sewing machine sales and service. I BB J Shoe stores. [ec] Tailor shops. [DD] Theatres not of the outdoor drive-in type. [EE] Toy stores. [FF] Travel bureaus. transportation ticket offices. [GG] Variety stores. 5 & 10 stores, and stores of similar nature. [HHJ Wearing apparel. [II] Government and public utility buildings. [.1.1 J Mortuaries [KK] Body Piercing Estahlishments [LLJ Tattoo Parlors (#286.2/10/97)(#330.9113/99) MONTICELLO ZONING ORDINANCE 14/2 5<:.- 5 d- ] 4-3: PERMITTED ACCESSOR Y USES: The following are permitted accessory uses in a "B-4" district: [A] All permitted accessory uses in a "B-3" district. ]4-4: CONDITIONAL USES: The following are conditional uses in a "B-4" district: (Requires a conditional use permit based upon procedures set forth in and'fegulated by Chapter 22 of this ordinance.) [A] Open and outdoor storage as an accessory use provided that: I. The area is fenced and screened from view of neighboring residential uses or if abutting a residential district in compliance with Chapter 3, Section 2 [G], of this ordinance. 2. Storage is screened from view from the public right-of-way in compliance with Chapter 3. Section 2 [G]. of this ordinance. 3. Storage area is grassed or surfaced to control dust. 4. A]] lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 [H]. of this ordinance. 5. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [B] Open or outdoor service. sak and rental as a principal and accessory use and including sales in or from motorized vehicles. trailers. or wagons. provided that: 1. Outside service. sales. and equipment rental connected with the principal use is limited to thirty percent (30%) of the gross floor area of the principal use. This percentage may be increased as a condition of the conditional use permit. MONTtCEllO ZONING ORDINANCE 14/3 2. Outside sales areas are fenced or screened from view of the neighboring residential uses or an abutting residential district in compliance with Chapter 3, Section 2 [G], of this ordinance. 3. All lighting shal] be hooded and so directed that the ]igl1t source shal] not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Chapter 3. Section 2 [H]. of this ordinance. 4. Sales area is grassed or surfaced to control dust. SG - ~ 5. The provisions ofChaptcr 22 of this ordinance are considered and satisfactorily mct. [C] Custom manufacturing, restricted production and repair limited to the following: An, ncedlework. jewelry from precious metals, watches. dentures. and optical lenses. provided that: J. Such use is accessory as defined in Chapter 2. Section 2. of this ordinance . to the principai use of the property. 2. Does not conflict with the character of development intended for this district. 3. The provisions of Chapter 22 of this ordinance are considered satisfactorily met. [D] Motor fuel station. auto repair-minor, and tire and battery stores and service, provided that: 1. Regardless ot'whether the dispensing. sale, or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business. the standards and requirements imposed by this ordinance for motor fuel stations shall apply. These standards and requirements are. however. in addition to other requirements which are imposed for other uses of the property. 2. The architectural appearance and funetion~1 plan of the building and site shall not be so dissimil~r to the existing buildings or arCQ QS to cause impairment in property values or constitute a blighting influence within a reasonQbk distance of the lot. 3. The entire site other than that taken up by a building. structure, or plantings shQII be surfQced with a material to control dust and drainage which is subject to the approvQI of the City Engineer. 4. A IninimulTI lot area of twenty-two thousand tile hundred (22.500) square feet and minimum lot dimensions of one hundred fitiy (150) feet by one hundred thirty (130) feet. 5. A drainage system subject to the approval of the City Engineer shall be instQlled. 6. A curb not less thQn six (6) inches above grade shQl1 sepQrQte the public sidewQlk li'oml11otor vehicle service areas. MONTICELLO ZONING ORDIN.-\NCE ]4/4 'Sc-s'-\ 7. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-w'ay and shall be in compliance with Chapter 3. Section 2 [H], of this ordinance. 8. Wherever fuel pumps are to be installed, pump islands shall be installed. 9. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 3. Section 2 [OJ, of this ordinance. 10. Each light standard landscaped. II. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2 [OJ, of this ordinance. 12. Vehicular access points shall create a minimum of conflict with through traffic movement. shall comply with Chapter 3. Section S, of this ordinance. and shall be subject to the approval of the City Engineer. 13. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Chapter 3. Section 9, of this ordinance. 14. Provisions are made to control and reduce noise. IS. No outside storage except as allowed in compliance with Chapter 13. Section 4, of this ordinance. ] 6. Sale of products other than those specifically mentioned in Chapter] 3, Section 4. be subject to a conditional use permit and be in compliance with Chapter 13, Section 4 [F], of this ordinance. ] 7. All conditions pertaining to a specific site are subject to change when the COllncil, upon investigation in relation to a formal request. finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 18. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [E] Machinery sales. [F] Commercial planned unit development as regulated by Chapter 20 of this ordinance. MONTICELLO ZONING ORDINANCE 14/5 SCr .55 [GJ Boarding House, provided that: ]. The building/structure is found (0 be substandard and/or blighted or contributing to blight and in need of substantial rehabilitation. a. The applicant must provide an overall development concept plan. b. The applicant must demonstrate that said rehabilitation is the most feasihle use alternative and that said rehahilitation is not remodeling or simple structural alterations to accommodate a change in use. 2. There shall be no less than ten (10) units nor more than 18 units, and each unit shall be of a design considered to be an efficiency apartment. 3. At least one unit shall be on the ground floor fully accessible to handicapped persons. 4. At least 50% of the floor area on the ground floor shall be developed as complete restaurant facilities with a minimum seating capacity of two seats per dwelling unit but in no case less than 25 seats. a. Restaurantshall not be eligible for licenses regulating the sale of intoxicating liquors. non-intoxicating malt liquors. wine. or the display and consumption of liquors. h. The restaurant shall be so equ ipped to provide food service to the dwelling units if required. 5. The architectural appearance and functional plan of the building and site shall not he so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 6. All conditions pertaining to a specific site are subject to change when the Council. upon investigation in relation to a formal request. finds that the general welfare and public betterment can be served as well or hetter by modifying the conditions. (# 138, 7/23/8-1) MONTICELLO ZONING ORDINANCE ]-1/6 5C - S \0 5-1 5D. Authorize distribution of an EA W for a 30-dav comment period for the Hidden Forest Development and Sunset Ride:e Residential Development Environmental Assessment Worksheet (EA W) (JO/WSB) . A. REFERENCE AND BACKGROUND: The Hidden Forest development and Sunset Ridge addition is a] 73-acre site ]ocatedjust outside of the east City boundary, in the annexation area. These projects propose the construction of237 unattached, single-family units, roads, and utilities. This property is proposed to be jointly developed by Mark W o]ston and Rick Lewandowski. Due to the permanent land use conversion of 80 or more acres from agriculture and naturally vegetated land to a residential development, the Hidden Forest development along with the Sunset Ridge addition triggers a mandatory EA W pursuant to Minnesota Rules 4410.4300 subpart 36. Pursuant to rules 4410.4300 following publication of the EA W in the EQB Monilor, comments must be submitted to the RGU during the 30-day public comment period ending April 27, 2005. The timeline is attached. At the February 28, 2005 Council meeting, the Council tabled this item until further review of the proposed road location. This item has been addressed and has resulted in the proposed residential units changing from 239 to 237. This has resulted in changes in the EA W associated with water use and wastewater operation, as well as figure changes for the silt plan and traffic study. These changed items are attached. . Under the revised plan, 90th street jogs around the Moores property instead of extending through it. Although the revised road alignment is not as efficient as the original alignment in terms of lots created per dollar and it will likely result in the need to create a cul-de-sac, the road alignment plan will work from a design standpoint. In the event Moores and the developer come to agreement on terms for crossing the Moores property, the plan could be changed back without processing another EA W. B. AL TERNATIVE ACTIONS: 1. Authorize the distribution of the EA W for the 30-day public comment period to the required agencies. 2. Do not authorize the 30-day comment period of an EA W at this time. C. STAFF RECOMMENDATION: The City Administrator, Deputy City Administrator, and City Engineer recommend selecting Alternative No. I. . The EA W process includes distribution of the document for a 30-day comment period. Authorizing distribution of the EA W does not constitute approval of the project, but rather that the EA W is complete and can be submitted for agency review. Upon receipt of all public comments, this item will be brought back to the City Council for a final decision regarding the need for an Environmental Impact Statement (EIS). (':',{)(](" -',fF--i,/J..JIIY(;K-i.( 'j',f,(JC II_S-_illl''''pU(; \' !n:.!liild"" ''',m!.'; s"",.,','J Rid!!," F_III' Re' "",1-031"0_; d", Cover memo with revised EA W pages and figures D. SUPPORTING DATA: . S8 . . ('-'/JIJ("',I/L--/II!,./II:\(ill-I.("/'./.()(:II_S__illemnl.lr;YI!:I/-/lio'd""/""'''''_II,','', "eiR;":,,-f:III'/(c,i'-,,d.iiJi"{}j)"e . TIMELINE TO PREPARE AN EAW FOR THE HIDDEN FOREST DEVELOPMENT TASK PROPOSED TIMELINE* Data Collection and EA W Through February 21,2005 Development Draft EA W Completion Date February 21, 2005 City Council Packet Deadline February 24, 2005 and March 10.2005 City Council Reviews EA W March 14.2005 Submit EA W to EQB Monitor March 21,2005 EA W Comment Period March 28 - April 27, 2005 . Respond to Comments April 27 - May 2, 2005 City Council Packet Deadline May 5, 2005 City Council Determines need May 9, 2005 for EIS Decision Noticed in EQB May 23,2005 Monitor *New timeline revised March 9, 2005 . SD- Sq C\/)ocr',\!f_'_lo./!.IW.Y(;}i_J.f"f'/.(J('..115_1'."Ic..,p',[jul".<<,'/Sche"...h'.a,,, .A. WSB & Associates, Inc. Infrastructure I Engineering I Planning I Construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 . Memorandum To: Honorable Mayor and City Council, City of Monticello cc: Jeff O'Neill, City of Monticello Bret Weiss, WSB & Associates, Inc. Rick Lewandowski, Edina Development, Inc. Mark Wolston, GP Land Corporation Andrea Moffatt, WSB & Associates ;I' From: Date: March 10, 2005 Re: Environmental Assessment Worksheet (EA W) Hidden Forest and Sunset Ridge Residential Developments WSB Project No. 1488-99 . Attached, please find a copy of the amended pages and figures to the Environmenta] Assessment Worksheet (EA W) for the Hidden Forest and Sunset Ridge Residentia] Developments for your consideration at the March 14,2005, City Council meeting. This EA W has been amended based on the results of the February 28, 2005 City Council meeting. These changes include the following: Minneapolis I St. Cloud Equal Opportunity Employer 1. Revised Sunset Ridge site plan (attached). 2. Total Hidden Forest and Sunset Ridge proposed units have changed from 239 to 237 and this change is reflected in the EA W text, pages 2, 3, ]0, and 12. 3. Water demand and wastewater generated decreases from 65,486 to 64,938 gallons per day due to change in unit numbers. This is reflected in the EA W text on page 7, 8, and 14. 4. The figures in the Traffic Study have been revised based on the proposed road realignment. . The City Council is asked to authorize public distribution of the EA W as required by Minnesota Ru]es 4410. Upon authorization, the EA W will be distributed for a 30-day public comment period. Submitting the EA W for review does not constitute approval ofthe project. At the end ofthe comment period, responses to comments will be developed and a recommendation as to the need for an Environmental Impact Statement will be made to the City Council for consideration. If you have any questions, please fee] free to contact me at 763-287-7] 96. lf/tsh K:101488-99\AdmillIDocsIMEMO _ mayorcc - OJ !40J.dDC SO-loO Tables, Figures, and Appendices attached to the EA W: . County map showing the general location of the project; Appendix A . United States Geological Survey 7.5 minute, 1 :24,000 scale map indicating project boundaries (photocopy acceptable); Appendix A . . Site plan showing all significant project and natural features. Appendix A The City of Monticello has prepared an EA W for the proposed Hidden Forest/Sunset Ridge Residential Development site located on 173 acres south ofCSAH 39, north of 90th Street NE, and east ofHaug Avenue NE in Monticello, MN. The land is currently uncultivated'agricultural land, wetlands, and wooded. GP Land Corporation and Edina Development is proposing a residential development on approximately 173 acres of land located south of CSAH 39, north of 90th Street NE, and east of Haug Avenue NE in Monticello, MN. This development is anticipated to consist of237 single-family residences, with all housing types being owner occupied. The open space within the site is proposed to contain a public park and wetlands as shown on the site plan in Appendix A. . Currently, the primary land use within the project site is agriculture. The site contains 96.3 acres of cropland (soybeans and com), 19.7 acres of wooded area and 0.8 acres oflawn/landscaping. There is also 56.2 acres of wetland, within 4 basins consisting of Types 1,3, and 6. The proposed site will include approximately 66.38 acres oflawn/landscaping and 50.6 acres of impervious surfaces. There is also 56.02 acres of wetland. It should be noted that the cover type amounts are only estimates that are subject to change as part of the plan review process. Construction will consist of grubbing/clear cutting vegetation, grading the site, installing utilities, roadways, and single-family residential homes. Grading is anticipated to be completed in one phase. Prior to the commencement of grading, erosion control and other Best Management Practices will be implemented. Erosion control measures will remain in place until all construction on the site is completed and the site is stabilized in conformance with the National Pollution Discharge Elimination System (NPDES) permit. The construction methods are anticipated to be the conventional earthwork methods for site grading and include scrapers, bulldozers, backhoes, and vibratory compactors. Public utilities will also be constructed utilizing backhoes, bulldozers, and compactors for excavation and backfill in the utility trenches. The streets will consist of a gravel base, with asphalt base and wear placed upon it and with a concrete curb and gutter. Project construction grading is anticipated to begin in June 2005 and be completed by July 2006. Construction of the residential homes will follow this phase and is anticipated to be completed in 2010, according to Bogart, Pederson, & Associates, private developers' engineer. The final development schedule will depend on market conditions. . Hidden Forest/Sunset Ridge Residential Development Monticello, Minnesota 2 Environmental Assessment Worksheet 5D-(01 The purpose of this project is to provide residential housing within the City of Monticello. A government unit is not carrying out this project. . . The project proposer will be responsible to obtain these permits when appropriate. Hidden Forest/Sunset Ridge Residential Development Monticello, Minnesota 3 Environmental Assessment Worksheet SD-lo do Water to the site will be supplied by the City's water system (Appropriation Permit No. 641059). The City has recently added a new well to serve the City's municipal water supply. The development is anticipated to use 64,938 GPD. The City's system is able to accommodate this usage. . Temporary groundwater appropriation may be necessary during construction to install utilities. Ifthis is deemed necessary, a permit from the DNR will be obtained. Based on information provided by the Minnesota Pollution Control, there are no known existing wells within or adjacent to the project area. If any wells are encountered, each well will be sealed and abandoned in conformance with State laws. While the site is located approximately 1100 feet from the Mississippi River (a Minnesota Department of Natural Resources designated Wild and Scenic River). The project is not required to conform to any shoreland zoning or land use districts. The project site is adjacent to the proposed DNR Wild & Scenic Management boundary, CSAH 39. Not Applicable . *The acreage to be graded and the amount of material to be moved is a preliminary estimate and are subject to change. The soil survey of Wright County, Minnesota shows the area soils that have steep slopes and/or highly erodible soils as: S D - G3 . Braham Loamy fme sand, 6-12% slopes (169C) . Lester Loam, 6-12% slopes (l06C2) The Soil Survey of Wright County indicates the following soil present on the site: . Lester loam, 6 to 12 percent slopes, potentially highly erodible (106C2) The site is generally level with two slopes transecting (from east to west) through the middle of the site. The areas of concern are the slopes around the existing wetlands and county ditch. The developer will be required to provide additional stabilization measures when working on or near this area. These measures could include, but are not limited to, staggering silt fence, erosion control blankets, temporary seeding, and the application of mulch. . Erosion and sedimentation issues will be addressed through the MPCA NPDES Construction Permit application process. As part of this permit application process a Storm Water Pollution Prevention Plan (SWPPP) will be required. The SWPPP will be required to address erosion and sediment control within Hidden Forest/Sunset Ridge Residential Development Monticello, Minnesota 7 Environmental Assessment Worksheet the project site prior to construction until [mal stabilization or turf is established on the site. The locations of steep slopes and/or highly erodible soils are illustrated on the Prime Agricultural Soils & Potential Environmental Hazards Map in Appendix A. . Storm water from the site is currently discharged to the Wright County Ditch No. #33. This ditch is a series of ditches and culverts criss-crossing from the south to the north, where its outlet is the Mississippi River. In addition to the runoff from this site, the ditch drains a watershed of approximately 3,300 acres, located on the north and south sides ofI-94. While the conditions of the existing ditch dictate a slow discharge rate, the County Ditch does not allow for any significant permanent pool storage on site. As part of this project, this area would be designated to supplement the existing ditch system and how it manages runoff. A plan will be presented to the County addressing this issue. The quality of runoff generated by this site is anticipated to be typical of a residential site. Storm water will be treated on-site to NURP recommendations prior to discharge. . The development of this site will provide storm water treatment for both the proposed development and the existing 3,300-acre watershed by creating a permanent pool, which will hold approximately 50 ac-ft of water. Storm water discharged on the site will be treated then discharged to the wetland. Water is planned to be eventually discharged to the Mississippi River. Storm water will be treated to NURP recommendations. There should not be significant impact on the river. It is anticipated that only normal residential sewage will be generated by the proposed development. A veragewastewater flows generated at the site are expected to be approximately 64,938 GPD under fully developed conditions. All wastewater generated from this site will be conveyed via the sanitary sewer system to the Monticello Wastewater Treatment Plant for treatment. The City's wastewater treatment plant will be able to accommodate the projected flows from this development. See Item 18c also. Wastewater will not be treated on-site. . Sanitary sewer to Sunset Ponds residential development, located west of Haug A venue, was recently extended. Sanitary sewer has not been extended to the proposed development from the Sunset Ponds Hidden Forest/Sunset Ridge Residential Development Monticello, Minnesota 8 Environmental Assessment Worksheet . SO toLl . Belleville Sandy loam Moderately 0-2% NHEL Poorly drained Yes Slow Cordova Loam Moderately 0-2% NHEL Poorly drained Yes Slow "Not Highly Erodible Land "Potentially Highly Erodible Land Based on information from the Wright County Comprehensive Local Water Management Plan, the sensitivity of the Mt Simon-Hinckley aquifer to pollution is considered high in this area. Within the project site, groundwater contamination is high susceptibility where highly permeable soils exist. It is anticipated that the residential nature of the site will not cause any contamination. The locations ofhigWy permeable soils are illustrated in Appendix A. . No hazardous wastes are anticipated to be generated by this site. General household municipal waste will be disposed of using the municipal garbage hauler. Recycling will be encouraged. . During construction, vehicles containing gasoline and diesel fuel will be present on site. However, the potential for contamination is low and no toxic or hazardous materials will be present after construction. The developer is required to have a containment plan through the NPDES permit. Not Applicable. 2,288 The trip generation is based on information found in the 7th Edition ofthe Institute of Transportation Engineer's (ITE) Trip Generation Manual. Figures D-l and D-2 located in Appendix D, illustrate the traffic distribution for the proposed development, as well as the existing daily and PM peak hour volumes on the impacted roadways. The . existing traffic volumes are based on projected traffic counts. Hidden Forest/Sunset Ridge Residential Development Monticello, Minnesota 10 Environmental Assessment Worksheet 5D-loS . . . - The intersection ofCSAH 39 at the proposed site access and Haug Avenue at 90th Street will operate at an LOS C or better now and in the future. Based on the data and analysis, the proposed site traffic, now and in the future, will have minimal impacts on the existing and proposed roadway system. Coordination is necessary between the developer, City of Monticello, and Wright County to ensure that all accesses are constructed as permitted. The proposed project will include the development of 237 single family housing units. A carbon monoxide analysis is not required for this project. It is anticipated that the state and federal guidelines would not be exceeded. No stationary sources of air emissions will be constructed as part of the project. Noise Noise from construction activity is anticipated to temporarily increase. The City of Monticello Zoning Ordinance outlines noise frequency and duration levels not to be exceeded during construction. Additionally, the City will work cooperatively with local residents to further reduce noise impacts. Upon completion of construction of the site, only normal noise levels associated with a residential condition are anticipated. Dust During construction, particulate emission will temporarily increase due to the generation of fugitive dust. Construction dust control is required to be in conformance with City ordinances. The following dust control measures will be undertaken and enforced under the NPDES permit as necessary: I. Minimize the period and extent of areas being exposed or graded at anyone time. 2. Spraying construction areas and haul roads with water, especially during periods of high wind or high levels of construction activity. 3. Minimize the use of vehicles on unpaved surfaces. 4. Covering or spraying material piles and truck loads. Additionally, the City will require the developers to submit a phased grading plan that addresses dust and erosion control. Hidden Forest/Sunset Ridge Residential Development Monticello, Minnesota 12 Environmental Assessment Worksheet SD - Co 10 . The proposed land use for this site is residential, which is compatible with the Single Family Residential guided district for this area. Both Hidden Forest & Sunset Ridge residential developments will be annexed into the City limits and subject to the following plans: · The City of Monticello's Comprehensive Plan. The City of Monticello's Comprehensive Plan indicates that this area is guided as single family residential. This project is consistent with the Plan as a permitted accessory use. · The City's Comprehensive Water System Plan The City has adequate water supplies available for this development and the City's water services will be extended to the site. The average demand generated on-site is expected to be approximately 64,938 GPD under fully developed conditions. Trunk watermain will need to be extended through the site to provide looping of the system to maintain adequate system pressures and fine flows, as per the City's 2004 Comprehensive Water System Plan. · The City of Monticello's Sewer Plan The City of Monticello's Sewer Plan indicates that the sewer system will be extended to provide service to this site. . · Draft Comprehensive Storm Water Management Plan: Storm water will be treated to NURP guidelines and discharges rates will be restricted to pre- project conditions, thus meeting the requirements of the City's Plan. The Hidden Forest and Sunset Ridge Residential Development plan will be required to meet the standards and policies in these plans. The adjacent recently developed Sunset Ponds development (located west of Haug A venue) included the extension of watermain and sanitary sewer to the general area. Sanitary sewer has not been extended to the proposed development from the Sunset Ponds development. A watermain stub was extended from the Sunset Ponds development east to the south side ofthe proposed development. Because the proposed development is located outside the current planning area for the City and because limited utility resources are available, a study of the public utility needs for sanitary sewer and watermain service is currently underway. This study will evaluate the available capacity, method of providing service and anticipated costs. Road improvements as indicated in Item 21 will also need to be made to mitigate these. The City will work with the developer to determine how these road improvements will be completed. . Hidden Forest/Sunset Ridge Residential Development Monticello, Minnesota 14 Environmental Assessment Worksheet --- S 0 -<<>1 NOI1.lll:l:lS30 hTh, , , , ., '" <___I . '" ~" ~~ "~ , -, ~ ~ ~g ~ \j ~!:l ~ ~ ~ ~~ ~ o ~ ~ !'i'l'" 11.' 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"" _ _,. . 'J ---------- ! I . ,--' ) , ,.- / ---' . . ; , . . . I , , x...-.... ~ \ ---- I ! a . . , ! -.....-.-"" . ...-- I ) " , '/ L J. -'L -=L , . . .. <II .. 25% 95th Street <II .. 5% CSAH 39 <II . 50% 15% <l> ::l C ~ 1 30% '" J: <II .. 5% 90th Street Hidden Forest/Sunset Ridge. EAW City of Monticello Wright County, Minnesota - 160% <II .. 10% Figure 0-1 Traffic Distribution ~ _ (<on . . . . 5E. Council Agenda 03/14/05 Consideration of a request for a lot line adiustment for two sine:le-familv residential lots in an R-t Zonine: District. Applicant: Stephanie and Shawn Rossebo. (FP/AS) A. REFERENCE AND BACKGROUND Planning Commission approved this item, noting that a revised survey had been provided by the applicants showing the proper alignment of the 6 foot property line drainage and utility easements. The approval is subject to the vacation of the existing drainage and utility easements and their re-establishment as shown on the revised survey. This item is placed on the consent agenda for approval under alternative 1. Stephanie and Shawn Rossebo are requesting a simple lot line adjustment between their property, legally described as Lot 2, Block 2 of Groveland 4'h Addition, and the adjacent lot, currently owned by Homes Plus Builders, legally described as Lot 3, Block 2 of Groveland 4th The two parcels are located on Park Place Drive. The request is to accommodate the acquisition of property under a fenceline, which was placed slightly over the property line between the two parcels. Lot 2 will be gaining approximately 2 feet towards the front of the lot and 1 foot as the property line moves to the rear of the lot. Both parcels to be created would fully conform to the zoning standards applicable to the R-I District. Both property owners are in agreement on the lot line shift. The lot line shift does cause an improper alignment of the current drainage and utility easement. Staff has asked that the surveyors provide a new survey showing the required six foot drainage and utility easement on either side of the lot line. The existing drainage and utility easement will be vacated and a reinstatement of easements will be provided on each side of the new lot line. B. ALTERNATIVE ACTIONS 1. Motion to approve the lot line shift to create two parcels as described by the Certificate of Survey. subject to Council approval of the vacation of existing drainage and utility easements and the re-establishment ofthe required drainage and utility easements. 2. Motion to recommend to the City Council that the lot line shift be denied [for cause to be determined by City Council. C. STAFF RECOMMENDATION Statf recommends that the Planning Commission move Alternative Action 1 above. D. SUPPORTING DATA A. Site Location Map B. Revised Certificate of Survey C. Applicant Letter -~i 0 HI 6A RIVER ><<lIlJl.E ~ o 'I 1/L1 MILE .'.,. ; 1/2 MILE " , .H..... L /"/ c.,\ '.......,' \ \ \; "", I I ___ V .re".oiisr"i": ' , ~ ! ...,., , ROAD DUNDAS g l:;t~E --ol ~ j;~ ~ !t:::i ->f <t. f"J>vr ...~ 'I 0 l-<<A."flo!'~ ' w " Q 00; 3" ST~ , " 5E. --1 \ 66 Planning Commission: . I own the house located at 9594 Park Place Drive in Monticello (lot 2 block 2 of the Groveland IV addition). We used the iron monuments in the ground as markers and fenced in our back yard in August/September of2004. Tim Flynn (President of Homes Plus Inc.) owns lot 3 of block 2 next to us. In September he notified us that the iron pin was bent and our fence had gone over into his property by approximately 13 inches at the front of our fence. At the rear we were right on the property line. Instead of moving the fence, we came to the mutual agreement that we would buy a small portion of his lot from him to make everything legal and recorded. I had a new survey drawn up to show the existing lot lines and the proposed new lot lines. We agreed to a straight lot line shift instead of having the lines zigzag. Homes Plus has now sold the new house located on lot 3 and we are looking to have everything recorded with Wright County prior to the closing on the house at lot 3. . I notified Tim that the hearing will be March 1 st at 6:00 PM in Monticello. He said he may not be able to attend, but will get copies of the documents that need to be recorded at the county from me. He can be reached at the following: Tim Flynn - President Homes Plus 763-428-8200 5730 Quam Avenue NE St. Michael, MN 55376 Sincerely, Stephanie Rossebo . 5t:.-'\d- \S' ;61'00 'oN ~all uU1W 'lPSeJd 'll AJo~aJ:J IZ'oN '~all 'uulW 'uosJapUV .~ sa]Jell:) toOZ' J"qw"""G jO A"P pJ[;Z slll1 sn Aq '\I.(}1;l~) /> I"i;}'t~;') pau~lS \ i , . 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Public Hearinl! - Consideration of a request for a Conditional Use Permit for Open and Outdoor Storal!e in an I-lA Zoninl! District. Applicant: Twin City Die Castinl!s (FP) A. REFERENCE AND BACKGROUND Planning Commission reviewed this item at their regular meeting on March I st. The Commission confirmed that no scrap metal would be stored in the area outside the covered storage structure and that the covered storage structure would be architecturally fitting to the rest of the building. Staff explained that the 12 foot fence shown would be allowed as part of the conditional use permit. A building permit is also required for the height of the fence and will bc included as part ofthc permit package for the expansion project. Planning Commission also made notc of the condition that appropriate landscape screening measures bc provided as part of the CUP. With those comments and conditions noted, Commission recommended approval under alternative 1 below. Twin City Die Castings is requesting a conditional use permit for open and outdoor storage to be located behind and to the south of their existing building at 520 Chelsea Road. The proposed outdoor storage area would be approximately 1125 square feet in area. Slightly more than half of the area would be covered with a standing seam metal roof, colored to match other architectural metals of the existing building. The area under the roof would abut the existing building on the north, be open on the south toward the fenced area, and closed on the east and west by walls finished in architectural metals similar to the standing seam metal roof. The area undcr the roof would be used to store metal scrap bins, scrap barrels, pallets and other non-hazardous materials. The fence enclosing thc area without a roof would be 12 fect in height and slatted to provide screening. On the outside of the screening fence, at least eight (8) "tall evergreen" trees are to be planted to soften the visual impact of the screening fence toward the High School. The area without a roof would be for storage of pallets and bins not affected by weather. Open and outdoor storage as an accessory use is allowed by conditional use permit in the 1-2, Heavy Industrial District provided that: . The area is fenced and screened from view of neighboring residential uses . Storage is screened from view from the public right-of-way . Storage area is surfaced to control dust. . Light sources are not be visible from the public right-of-way. The plan providcd by Twin City Die Castings satisfies each of these requirements. B. ALTERNATIVE ACTIONS 1. Motion to approve a conditional use permit to Twin City Die Castings at 520 Chelsea Road for open and outdoor storage subject to the plans provided and attached. --I ~ Council Agenda - 3114/05 2. Motion to deny the conditional use permit request of Twin City Die Castings at 520 Chelsea Road for open and outdoor storage [for cause to be determined by City Council]. . c. STAFF RECOMMENDATION Staff recommcnds that the City Council move Alternative Action I above. D. SUPPORTING DATA A. Site Location Map - Aerial Image B. Site Plan describing location of proposed storage area. C. Sketch Plans and Elevations provided by Twin City Die Castings . . -15 itA S Y -j \p . . \ I I \ .. I II I ,I , III 1..li t ';I [ I 1\-1 I f" I \ ~W:) ,__ __ err--- I :;\ I 0, J I I - - - ~ J ~<::f.: 1 A:r.:j".. . \ / / / / / / /,--- ((@! ( I i I ' I eg'l ~I I 'I I ,II i ) } / ~ ,/ ilti~ .i...'-: (-1 ~ :~; r", -'.'1..:' ~.J (1) ([I Oil "- Ci,-.L! (Y d i (L~ G) Yj~ ~:2 : 1 2'::;[" . \ s-'S?~: ~;\~,U, o#.i;,;:"V'l; tr.;~:;:, I'", C' " ~ ~, e\\ ~<iJ;.' .. l \ \ " ~ \ , .. 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Ul o c ~ ;:;,- -0 ..... <t> (") a en ~ :::E o {PC S\---l~ . s:: c I~ 13 I~ 1"0 I I I I i I I~ !m a . i I i I J i I i I i i i i I i I i I I i i a . """T""J r+ )0 101 II I e~DUJn j tlewetj ~ ~ 1'0 CJ1 U) ..CJ -.... E' 5' ." a Q ." - o '< = 52 0. ~ Vl <> - 0 : ~ ~ ~ ~ .. 'lil >- g;~ =: ::J g ~ ... .e: 5 '1=_1 q be Ii: . !: I j c . CoO I i ! I~ I J ~ 13 I [g2J 'VI I t I.., ) ~ ia I J~ i i i II1J i I I ~ ~ ... " .8 2 0l : ~ co. . ~ ~ ." .., o D ~ li ~i~ o "" ... ~ . '" . ~~ li:,? !!! !l ~ go g:. ... ... 0ii .!: if! .. 8: o ~ - . Q7 I ODwn.:l WlWSH . ...,., - ~ ~ l'.) (]l (/) ..c S f ~ '60 !'c E[j9CN C 1 - ,~ U NI I L)ln ,I, h: V1dSEP SOOG '~G"q'j ----- . ft;u I . . . --- Council Agenda - 3/14/05 5G. Public Hearin : Consideration of a re uest for a for a Conditional Use Permit to allow loadin dock doors frontin a ublic street on a corner lot in an 1-2 zonin district. Applicant: Tapper Holdinl!s, LLC. (NAC) A. REFERENCE AND BACKGROUND Planning Commission reviewed the conditional use permit request and briefly discussed condition number 1 involving increased parking needs due to the proposed expansion. The applicant clarified that adequate parking would be provided to serve the expansion. Additionally, staff noted that there is space to accommodate additional parking, should it be needed at a later time. The applicant indicated that he understood and could comply with the other conditions as listed. Planning Commission recommended approval of the CUP with the conditions as noted. This item is placed on the consent agenda for approval under alternative 1. Tapper Holdings, LLC has requested a conditional use permit to aUow the location of loading berths within the front yard area of their wood product facility located north of Dundas Road and east of County Road I ] 7. The proposed loading berths (5) are proposed as part of a proposed 25,000 square foot expansion to the existing 56,400 square foot facility. The subject site is zoned 1-2, Heavy Industrial which aUows loading berths within front yards (and side yards which abut face public streets) by conditional use permit. CUP Requirements. According to the zoning Ordinance, loading berths located at the front (or at the side of buildings on a corner lot) are allowed within 1-2 districts provided: I. The loading berths do not conflict with pedestrian movement. 2. The loading berths do not obstruct the vie\v of the public right-of-way from off-street parking access. 3. The loading berths comply with aU other applicable requirements of the ordinance. Off-Street Parking. According to the ordinance, manufacturing, processing, and warehousing facilities must provide: At least eight (8) spaces plus one (1) spacefor each two (2) employees on each shifi or at least eight (8) off-street parking spaces plus one (1) space for each 500 (500) square/eet offloor area. Utilizing the "8 plus 1/500" ratio, a total of 155 off-street parking spaces are required of the proposed use. With a proposed parking supply of I 03 spaces, this minimum supply requirement has not been satisfied. To address this issue, the applicant should either demonstrate compliance via the "employee count" method of determining required parking or revise the submitted plan to illustrate "proof of parking" stalls. If "proof of parking" is to be illustrated, the City shall reserve the right to '61 Council Agenda - 3/14/05 . require the construction of such stalls if the need arises. Also as a condition of CUP approval, the site plan should be revised to illustrate parking stalls to be devoted to use by the disabled (one stall for each 25 spaces) Access. The site is presently accessed from the south via Dundas Road and fromJhe west via County Road 117. No change to the existing access condition has been proposed. Site Circulation. Ample maneuvering space is proposed west of the loading berths to accommodate anticipated vehicle turning movements. Pedestrian Movements. The CUP criteria stipulates that the proposed loading berth area should not negatively impact pedestrian movement on the site. While the parking stalls proposed west of the new loading area are considered acceptable, consideration should be given to "infilling" the existing parking lot located west of the building (to the extent possible). It is believed such stalls would be in closer proximity to the building's entry and would minimize cont1icts between pedestrians (employees/customers) and large service/delivery vehicles. Screening. As shown on the site plan, a berm and series of evergreen tree plantings have been proposed west of the proposed loading area. The berm appears to be 5 to 8 feet in height. The zoning ordinance requires evergreen tree screen plantings to be at least six feet in height at the time of planting. . Setbacks. The proposed building addition complies with applicable building setback requirements of the 1-2 District. Lighting. No information has been provided regarding site lighting. As a condition of CUP approval, all exterior lighting should be directed such that the source of the light is not visible from adjacent properties or rights-of-way. Grading and Drainage. Drainage on the site is a significant concern. Public Works and Engineering staff have highlighted a need to provide storm sewer to this property to accommodate runoff resulting from the increased impervious surface. Stormwater capacity does not exist on the site. Issues related to grading and drainage should be subject to comment and recommendation by the City Engineer. B. AL TERNA TIVE ACTIONS I. Motion to recommend approval of the Conditional Use Permit to allow the location of loading berths within the front yard area of the subject site based on the comments from the staff report for the March I, 2005 Planning Commission meeting. 2. Motion to recommend denial ofthe Conditional Use Permit to allow the location of loading berths within the front yard area of the subject site based on a finding that the submitted plans are inconsistent with goals and objectives of the 1-2 zoning district. . C. STAFF RECOMMENDATION The proposed building addition and associated front yard loading area meets the standards of the ordinance. and the screening plan should be more than adequate to mitigate any concerns over Od Council Agenda - 3/14/05 .. the view of the loading area. Based on the preceding review, staff recommends approval of the conditional use permit amendment subject to the satisfaction of the listed conditions in Exhibit Z. D. SUPPORTING DATA A. Site Location - Aerial B. Site Plan Z. Conditions of Approval .. . Z3 Council Agenda - 3/14105 . EXHIBIT Z Conditions of Approval Tapper Holdings, LLC 1. The applicant demonstrate compliance with the City's off-street parking supply requirements through proof of parking or employee counts. To achieve the required parking supply, consideration should be given to "infilling" the existing parking lot to the extent possible. 2. The submitted site plan is revised to illustrate required parking stalls to be devoted to use by the disabled. 3. The proposed plantings comply with the requirements of the zoning ordinance. 4. To the extent possible, the proposed building addition match the existing building in terms of design and color. 5. All exterior lighting be directed such that the source of the light is not visible from adjacent properties or rights-of-way. . 6. The City Engineer provide comment regarding grading and drainage issues. . SG,~ 8 '-\ fA e . l)G- 'lsS " J.K~ => 0 ! '" ~ . . ~ ~ E ~ w ~ tll . LL ';I . " . ~ ~ ~ ~ " . . ~ 9 0 ~ a ~ " ~ ! ~ . ~ s 0 . I . r ! il , ~ , , , --------- ".../ \ I ...-/ /~\ \ I // ......... \ \,-1 /"'...../....-:./\\\ 1/ /' /"1\ \\ " I I I / I \ \ \0 \ I t I I I1I1 I 11//1111 II ",,' { I11111 I It I II I , I 1"11'1 I \ I r I! i ,11 I "___~ I I IIJI,il\I\I~'-_____""'"",,,,,, I I 11,'[11 \\'.....----.........., \, \ I ,{ I, {j II \ -.. 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(RW) A. REFERENCE AND BACKGROUND: The Great River Regional Library system has suggested that a branch library agreement be established with the GRRL and local community that outlines the basic services that each organization will provide for the public library. Although the City of Monticello has provided a facility and has been part of the Great River Regional Library system for many years, a separate agreement has never been prepared that outlines the expectations of both parties in providing the service. A basic library branch agreement has been prepared by the GRRL which has been reviewed by the City of Monticello. Some minor revisions and/or clarifications were made to the agreement and forwarded back to the GRRL for their approval. The agreement as modified generally indicates that the GRRL will provide all of the necessary personnel and materials associated with the library, including the basic office equipment while the City of Monticello is responsible for providing a library facility at our expense. The agreement is basically how we have been operating for years, with the exception that the proposed agreement now clarifies that all office equipment including typewriters, copy machines, computers, fax machines and other office equipment is the responsibility ofGRRL and not the City. Adoption of this agreement will formalize the general procedures we have been using in the past. B. ALTERNATIVE ACTIONS: I. Approve entering into a library branch agreement with the GRRL as negotiated. 2. Do not enter into an agreement at this time. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator that a formal library branch agreement be adopted by the Council that outlines the specific responsibilities of each party in providing library services for Monticello. The proposed agreement follows the general practice we have been utilizing for many years, but simply puts in written form. D. SUPPORTING DATA: Copy of proposed library branch agreement. -... ~l . e_ - . LIBRARY BRANCH AGREEMENT THIS AGREEMENT, made and entered into this day of ,2_, by and between the City of Monticello, a municipal corporation, hereinafter collectively referred to as "CITY," and Great River Regional Library, a public regional library system established under Minnesota Statutes, hereinafter referred to as "GRRL." WHEREAS, the Monticello City Council, by written action, has established a branch library of the Great River Regional Library System in the City of Monticello, NOW, THEREFORE, the parties hereto wish to commit in writing the terms and conditions under which the CITY, will be affiliated with GRRL, and in consideration of the premises, the parties do hereby agree as follows. 1. SERVICES. Throughout the term of this agreement GRRL agrees to provide basic system services as ,defined in Minnesota Statute 134.001, Subdivision 5. These services shall include, but shall not be limited to, communication among parties, resource sharing, delivery of materials, reciprocal borrowing, and cooperative reference service. In addition, the following specific services shall be provided: A. Determination and development of services to be provided with input from citizens of the communities. B. Development and carrying out of all library policies. GRRL maintains uniform policies for all library services and to minimize confusion no individual policies for the Monticello location will be maintained except any policies adopted by the City related to meeting room usage as noted under 4(A), C. GRRL administrative staff determines hours of service with input from local residents. D. Collection development - the GRRL staff is responsible for selection of library materials for all GRRL branches. All books, magazines, cassettes, films, videos or other materials purchased for any branch are to be ordered through headquarters regardless of the source of funds. Local citizens are encouraged to make suggestions for collection development and headquarters staff will try to follow their advice. E. Personnel administration: GRRL is responsible for the selection, training and employment of all branch personnel. The GRRL Board is responsible for maintaining a region-wide pay schedule and personnel policy for all GRRL personnel. All decisions relating to promotion, demotion, hiring or termination is the responsibility of the regional library. 1 Sl--\-"?:?"is . . F, GRRL will insure all building contents, including materials, which are owned by GRRL, G, Miscellaneous services - telephone service, delivery service, purchase of essential operating supplies including postage, seasonal or holiday decorations and supplies, program and story hour supplies and all other responsibilities not directly associated with the provision and maintenance of physical facilities, H, Automation equipment, software and licenses required to perform assigned GRRL functions, 2, EQUIPMENT AND FURNISHINGS, In connection with the location of a branch library in the City of Monticello, the City of Monticello will provide appropriate equipment and furnishings for the library such as HVAC equipment, furniture and book shelves, Furnishings shall not inclUde office equipment such as computers, copiers, fax machines, typewriters, calculators and other automated office equipment It is the understanding of the parties hereto that the title to the said equipment and furnishings will remain with the CITY throughout the term of this agreement If during the term of the agreement the equipment and furnishings shall be deemed to be obsolete or shall need replacing, then the original furnishings and equipment shall be returned to the City of Monticello for sale or other disposition, In the event that the equipment provided by the City of Monticello becomes inadequate for the provision of library service, the CITY shall provide acceptable replacement equipment within 90 days if funds were included within the current years operating budget Unless the obsolete furnishings or equipment render the facility unsuitable for providing library services, the CITY would retain the option of replacing furnishing and equipment items in the next annual budget cycle, 3, LIBRARY FACILITY, Throughout the term of this agreement, the City of Monticello will provide a facility to serve as the location of the GRRL branch library, All costs associated with operating the building, including, but not limited to custodial services, utilities, insurance, and building maintenance will be paid for by the CITY without offset or reimbursement to or from the GRRL funds or appropriations, The CITY, its employees and agents, will be allowed to access the said building in order to provide janitorial services and maintain the building, Janitorial and trash removal services will be provided on at least a weekly basis, The CITY will make necessary arrangement to provide for all necessary maintenance and repair of the buildings and grounds, including raking, lawn mowing and timely snow removal. The facility should have adequate air conditioning and heating, 4, ADDITIONAL CITY RESPONSIBILITIES, In connection with the operation of a branch in the City of Monticello, the CITY shall be responsible for the following: . A. Development and interpretation of policies related to meeting room use (if applicable ); 2 S \-\- f?C\ B. Support of special programming such as discussion groups, lectures, art exhibits and children's programming; ~, - . C. Support for provision of reasonable funding for regional library service programs with local, state, and federal authority; D. Development of additional local funding (taxes, gifts, etc.) for supplementary materials and equipment; and E. Establishing "Rules of Behavior", satisfactory to GRRL; this will be enforced by the City or County Law Enforcement. GRRL will, upon request, provide examples of previously approved behavior codes. 5. FIRE AND EXTENDED COVERAGE INSURANCE. CITY as its sole cost and expense, shall keep the building and all improvements appurtenant thereto, and all fixtures and equipment therein, insured for the benefit of the CITY against loss or damage by fire and against such other risks as are or shall be customarily covered with respect to buildings similar in construction, general location, use, and occupancy, including, but not limited to, windstorm, hail, explosion, vandalism, riot and civil commotion, damage from vehicles, smoke damage, and such other damage as may be deemed necessary by the CITY. 6. PERSONAL PROPERTY INSURANCE. GRRL shall maintain insurance coverage upon all personal property owned by GRRL including library materials and equipment. The CITY shall maintain insurance coverage upon all other personal property including that of the CITY or the personal property of any others kept, stored, displayed (visual arts) or maintained on the Monticello Library premises against loss or damage by fire, windstorm, or other casualties for such amounts as GRRL or the CITY may desire. Any personal property not owned by the City of Monticello or GRRL can only be stored at the site upon approval by the City of Monticello. , 7. GIFTS AND ENDOWMENTS. After the execution of this agreement, all property, except library materials, given, granted, conveyed, donated, devised, or bequeathed to, or otherwise acquired by the CITY shall vest in, and be held in the name of the City of Monticello. All library materials so acquired by the CITY will be handled in accordance with the provisions outlined in the document EXPLANATION OF GRRL GIFT MATERIAL POLICIES. 8. EMPLOYEES. GRRL will employ such individuals as it deems appropriate to provide the necessary library services associated with operating the branch library. The salary, employment schedule and job description for all employees will be established by GRRL. Any employees will serve under the terms of the GRRL Personnel Rules and Policies manual. 9. TERMINATION OF AGREEMENT. This Agreement shall remain in full force and effect until terminated by either party by 60 day written notice. Upon termination of 3 . s\-\-qo - ~ . . this Agreement by either party, the operation of the branch library will cease. Each party will be responsible for removing its property from the facility. GRRL will remove its property from the branch facility within 30 days of the closing of the branch location. 10. NOTICES. All communications and notices required to be given or served hereunder shall be in writing and shall be deemed to have been duly given or served if delivered in person or deposited in the United States Mail, postage prepaid, for mailing by certified or registered mail, return receipt requested, and addressed to a party to this agreement at the address hereafter stated: Director Great River Regional Library 405 St. Germain Street St. Cloud, MN 56301 City Administrator City of Monticello 505 Walnut Street, Suite #1 Monticello, MN 55362 11. BINDING EFFECT. This agreement shall be binding on and shall inure to the benefit of the parties hereto and to their assigns and successors in interest. 12. AMENDMENT, MODIFICATION, AND WAIVER. No amendment, modification, or waiver of any condition, provision, or term hereof shall be valid or of any effect unless made in writing, signed by parties hereto and specifying with particularity the extent and nature of such amendment, modification, or waiver. Any waiver by any party of any default of another party shall not affect or impair any right arising from any subsequent default. 13. SEVERABLE PROVISIONS. Each provision, section, sentence, clause, phrase, and work of this agreement is intended to be severable. If any provision, section, sentence, clause, phrase, or work hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the agreement. 14. MINNESOTA LAW. This agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. 15. ASSIGNMENT. Neither party may assign its interest hereunder without the express written consent of the other party. 16. ARBITRATION. At the mutual agreement of the parties, any claim or controversy arising out of or relating to this agreement or the breach thereof may be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment on the award granted by the arbitrator may be entered in any court having jurisdiction thereof. This shall not be construed to prevent any party from seeking legal redress to enforce the provisions of this agreement. 4 SI.\-Cl"l - . . . IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and year first above written. CITY OF MONTICELLO Mayor Library Director City Clerk GREAT RIVER REGIONAL LIBRARY President, Board of Trustees Secretary, Board of Trustees 5 'S \--\~ ~ ~ . -- . City Council Agenda -March 14,2005 51. CONSIDERATION TO AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS, AND TO PUBLICLY BID PARKING LOT CONSTRUCTION ON THE VACANT LAND WEST OF THE MONTICELLO PUBLIC LIBRARY. (RW &FP) A. REFERENCE AND BACKGROUND: The City Council has expressed interest in providing additional municipal parking to serve the Community Center, Public Library, Fire Hall and commercial businesses in the area of the Community Center. Plans and specifications were prepared for a parking lot immediately north of the Towne Center project. The project was publicly bid in 2004; however, all bids were rejected and the project did not occur due to a disagreement with Veit Companies, and because the parking lot was deemed questionable in relationship to the Downtown and Riverfront Revitalization Plan as adopted into the Comprehensive Plan. A second parking lot has been considered for the vacant land immediately west of the Monticello Public Library. With expansion of the Library, the Swan River Montessori School and other intensifications of land uses in the area of the Community Center, there is a consensus of opinion that additional parking should be constructed. In order to determine project feasibility, staff is requesting: . authorization from the Council to engage engineering services for the preparation of detailed plans and specifications for a parking lot to be constructed in 2005 on the vacant parcel just west of the Monticello Public Library; and, . authorization to publicly bid the project. Plans and specifications would be prepared and brought before the Council for review and approval prior to advertisement for bid. Once bids have been received, Council will be requested to award a contract to construct the parking lot. B. ALTERNATIVE ACTIONS: A. Motion to: Authorize staff to engage engineering services for the preparation of detailed plans and specifications for a parking lot to be constructed on the vacant parcel just west of the Monticello Public Library; and, to Authorize staff to publicly bid the project. B. Motion to: Deny authorization to prepare plans and specifications for a parking lot to be constructed on the vacant parcel just west of the Monticello Public Library q3 . C. STAFF RECOMMENDATION: City Council Agenda -March 14, 2005 Staff recommends that the City Council move Alternative A above. D. SUPPORTING DATA Exhibit A - Location map of the proposed parking lot. . . <::\4 '_. ., ~. .~-:t. , ...--.-- . .. ",[1' If .~. I,. ~t(/' , , :~':_ ( It,::; 1~1j'~~' / .. / . ~, .;;t .- ... 'II. . ,\t; r..... ," " -- "T'-- ._~ !. tr: ~~ .: .: r- ,.t ~:~ .~ ..: '~1 ~,,~l$:i" )~:-. [II. . , ~. -J'1l"l""""'1l '] I I , I I I ~,:::. ",4 i;~,'," ).'~ ,I. ,.. ;.,.. """'f .,~'* , . 1 . ~( l, . '''11...,.'''". ~, :<'N~, t~:.~;; I I .~ '. ... - '7. >'(,', ~i; <....,.. .. I . 'f'hr' .. ...~. j,," "" "/'LC' t"r~~;;f , ::5 ~'?"~ . I _UI, - . . 5L. Council Agenda - 3/14/05 Consideration of Aoorovine: Plans and Soecifications and Authorizine: Advertisement for Bids for School Boulevard Sidewalk and Median Imorovements (Deee:an Avenue to Edmonson Avenue) (Citv of Monticello Proiect No. 2004-31C) (WSB) A. REFERENCE AND BACKGROUND: The City Council is asked to approve plans and specifications and authorize the ad for bid supporting the improvement of School Boulevard from just west ofTH 25 (Deegan Avenue) to Edmonson Avenue, a distance of approximately 3,000 feet. The project will include milling 2 inches from the existing roadway surface, installing a raised concrete median with center left-turn lanes, and addition of right-turn lanes. The project will also include construction of access driveways for Wal-Mart and the future development on the north side of School Boulevard between Cedar Street and Edmonson Avenue. The project includes construction of a concrete sidewalk on the south side of School Boulevard trom Deegan Avenue to the Wal-Mart second driveway, and concrete sidewalk on Cedar Street south of School Boulevard adjacent to the Wal-Mart site. The project will also include the reconstruction of the existing 8-foot bituminous path on the north side of School Boulevard along the proposed turn lanes and connecting the bituminous path from the Wal-Mart driveway to the Autumn Ridge property. The cost of these improvements is being funded as part of development agreements with Wal-Mart, Weinand, and Culver's. The project includes plaza development, including landscaping and brick pavers on the west side ofTH 25 as an entrance beautification for the Jefferson Commons plat. The estimated construction and project costs are approximately $742,000 and $950,000. respectively. The project is proposed to be bid on April 8,2005 and awarded on April 11,2005. The majority of the costs will be spread to Wal-Mart and Weinand. with the exception of the following project costs: . Culver's Sidewalk..............................$30.000 . Entrance Beautification......................$66,OOO . TH 25 Signal Loop and Striping........$12,OOO The signal work was deleted from the TH 25 signal project so that the street would not need to be repaved with the proposed street improvement. The Culver's sidewalk will be paid by Culver's and the entrance landscaping will be paid by the City. The City will need to acquire some right-ot~way from Mike Krutzig, south of School Boulevard, between Cedar Street and TH 25. The property owner is aware of this and has tentatively agreed to the purchase. which will be funded by Wal-Mart. B. ALTERNATIVE ACTIONS: . I. Motion to adopt a resolution approving plans and specifications, and authorizing the advertisement for bids for the School Boulevard Improvement project. 2. Motion to deny adoption of resolution approving plans and specifications and authorizing the advertisement for bids for the School Boulevard Improvement. (":'nor '{ :\fF--i\/J..IiJ .\(1/1-- i,( "MOr ',Irs-..' ""''''1'')(; \ In/-,I.,,"''''''',-,' /,1",:., "',,1 .Ir"".' ..0' .JVH_'i.; i JW )", qlc, .~ . . Council Agenda - 3/14/05 c. STAFF RECOMMENDATION: The City Administrator, Deputy Administrator, Public Works Director, and City Engineer recommend Alternative No.1. With the increase of traffic as a result of the proposed Wal-Mart site and future commercial development on the north side of School Boulevard, these improvements will provide for safe and efficient movement of traffic along School Boulevard adjacent to the commercial districts. The improvements included in the plans are consistent with the approved preliminary layout and environmental documents which were included as part of the Wal-Mart approvals in the fall 2004. Further, the City committed to the completion of these improvements in the Wal-Mart Developer's Agreement. The plaza improvements were included in the discussions relating to the sale and development of the Culvers parcel and are intended to complement this Culvers development as well as enhance the entrance to the commercial development area. D. SUPPORTING DATA: Plans and specifications are available for review if desired. C\l . . . A. Council Agenda - 3114/05 SM. Consideration of reQuest for Fire Denartment members to attend national fire conference. (RW) REFERENCE AND BACKGROUND: Fire Chief, Scott Douglas is requesting Council approval to have up to four firefighters attend a Fire Department conference in Indianapolis, Indiana this spring. Fire Department persOlmel would provide their own travel and meal expenses to get to Indianapolis but are requesting City reimbursement for up to three nights hotel lodging estimated at $50/per person/per night and the cost of a three day exhibit pass estimated at $56/per person. If four department members attended this conference, the estimated cost to the City would be approximately $825. The 2005 Fire Department budget does include $4,000 for conference and school expenditures. Similar approval was granted to the Fire Department to attend last years conference with expenditures not to exceed $1,000. B. AL TERNA TlVE ACTlONS: 1. Authorize up to four Fire Department members to attend a national Fire Department conference in Indianapolis, Indiana with the City covering lodging expenses and exhibit entrance fees not to exceed $1.000. 2. Do not authorized attendance. C. STAFFRECOMMENDATlON: Training and conference expenses are budgeted for the Fire Department members on an annual basis and Council did approve attendance by Fire Department members at this conference last year. D. SL'PPORTlNG DATA: None. C\'6 . Council Agenda - 3/14/05 5N. Consideration of aoorovin!!: SDrin!!: Load Restriction MaD for Citv Streets. (J.S.) A. REFERE;\/CE AND BACKGROUND: Periodically as the city grows and new streets are added and paved, the City Engineer updates our street sign map which also carries the spring load restriction data. City ordinance dictates that all public streets and parking lots in the City of Monticello have a five ton load limit unless signed with a higher or lower load limit. Whenever we add a significant number of streets we update the map and bring it to the City Council for adoption. Once it is adopted we sign the roads more or less and place the spring road restrictions in accordance with the county timetables. The updated map is included in your packet. B. AL TERNA TIVE ACTIONS: 1. The first alternative is to approve the new map as included in your packet and order the appropriate signing. . 2. The second alternative would be to make changes to the map. c. STAFF RECOMMENDATION: It is the recommendation of the City Engineer, Public Works Director and Street Superintendent that the Council approve the map as included in your packet and as outlined in alternative number one. D. SUPPORTING DATA: . Copy of Section 9-1-5(B) of the City Ordinance relating to load limits on city streets or parking lots. C\q . (C) . (B) LOAD LIMITS ON CITY STREETS OR PARKING LOTS: It shall also be unlawful for any person or persons, firm or corporation to drive any vehicle over said streets or parking lots having an axle weight load in excess offive (5) tOilS during periods of the year when county road restrictions are not in effect. During periods of county road restriction or on streets designed for more than five tons, the current city street design map adopted by the City Council shall take precedence over the five (5) ton limit and can be more or less restrictive. That any person, firm or corporation wishing to drive such vehicles in excess of above mentioned weight over any of the streets of Monticello shall first apply to the City Administrator for his permission. That the City Council may designate certain streets to be used regularly by such persons, firm, or corporation in the operation of their business, outlining certain routes that said vehicles are to follow and that no deviation from such routes will be permissible. (#146,4/8/85) TRUCKS OPERATING ON RESIDENTIAL STREETS: It will be unlawful for any person or persons, firms or corporations to operate a truck of over 9,000 pounds gross weight on residential streets except those trucks that are actually engaged in making deliveries or pickups at residential dwellings. Further, they will utilize state highways or designated truck routes wherever possible when making these deliveries or pickups. All other truck traffic not making deliveries or pickups will utilize only state highways or designated truck routes. Trucks making deliveries or pickups on residential streets will adhere to the provisions of paragraph 9-1-5 (B). (D) PENALTY: Any person or persons, firm or corporation who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than One Hundred Dollars ($100.00) and cost of prosecution, or in default of payment of such fine, shall be imprisoned until the fine is paid not, however, to exceed thirty (30) days. 9-1-6: STREET NAMES: Street names have been adopted according to the official city map on file at City Hall. 9-1-7: (#26, 12/27/76) UNREASONABLE ACCELERATION, ERRATIC DRIVING, AND EXHIBITION DRIVING (A) . Unreasonable acceleration by any motor vehicle upon any public highway, street, parking lot, alley, or other public property within the limits of the city of Monticello, except when an emergency creates the necessity for such operation, is prohibited. Unreasonable acceleration of a motor vehicle is hereby defined as acceleration which unnecessarily breaks traction between a tire or tires and the driving surface, thereby causing a squealing or screeching sound by the tire or tires or the mmecessary throwing of sand or gravel by the tire or tires or both. 5N - \ 00 MONTICELLO CITY ORDINANCE TITLE IXlChpt 1/Page 3 - . . . 50. Accept Feasibility Report and Set tbe Public Hearin!!: Date for the Extension of School Boulevard from Dee!!:an Avenue to 90th Street NE (City of Monticello Proiect No. 200S-02C) (WSB) A. REFERENCE AND BACKGROUND: Included in your packet is a copy of the feasibility report addressing street and utility improvements for the extension of School Boulevard from Deegan A venue to 90th Street NE. School Boulevard would extend through the Jefferson Commons plat. the Shawn Weinand property, and the proposed Insignia development (Poplar Hill). The proposed location of the water tower, development of the Jefferson Commons property, the location of the future park complex within the development, and the connection of another street between 90th Street and TH 25 are all reasons the Council has stated for considering the construction of School Boulevard to 90tl1 Street NE. Right-of-way for the extension of School Boulevard has been platted within the Jefferson Commons plat and will be platted with the Insignia development. Shawn Weinand has expressed some interest to City staff to extend School Boulevard through his site. The proposed improvements include construction of streets, storm sewer, trunk water main, which will allow a connection to the proposed water tower, and sanitary sewer improvements. It is anticipated that the improvements through the Insignia development would be scheduled with the development ofthe site. The estimated project cost totals $2,914,800. The project is proposed to be funded through special assessments to the benefiting property owners, as well as City funds. B. ALTERNATIVE ACTIONS: 1. Accept the feasibility report and order the public hearing for April 11 ,2005. 2. Do not accept the feasibility report. C. STAFF RECOMMENDATION: The City Administrator, Public Works Director, and City Engineer recommend that the Council authorize Alternative No. I. D. Supportiu!!: Data: Feasibility Report 10 () (", ,/)(i( 'I.J/F__.J'n.IJrIDR_..i.("}\f.(J( ',I! S-_I"};'''''I''.I(;Y IJ:\I_Scl.'M! HI,-,1 F""XI iN,', IIr,-!ij {.IiI5.".v , . . 5P. Council Agenda - 3/14/05 Authorize Acquisition of Fee Title, Easements, and Other Ril!hts Necessary for the Construction, Reconstruction, Imvrovement. and Maintenance ofWril!ht Countv Hil!hwav Numbers 18 and 39 In Accordance with Ril!ht-of-Wav Plat 55 (WSB) A. REFERENCE AND BACKGROUND: As a part of the ongoing right-of-way acquisition, the City has been developing a right- of-way plat which identifies all of the necessary acquisitions in one document. This process was requested by Wright County and Mn/DOT. This plat needs to be filed in order to make offers to acquire property. The filing of the plat, however, does not obligate the City to actually purchase the property; it just provides the conduit for the completion of the land transfer if property is acquired. The City of Monticello, MnlDOT, and Wright County have been developing construction documents for the construction of a new interchange at the intersection of Wright County State Aid Highway Number 18 and Interstate Highway 94 in the City of Monticello. To construct thc interchange at this location, right-of-way will need to be acquired. The proposed right-of way information is presented on the attached Wright County Highway Right-of: Way Plat No. 55 for County State Aid Highway Numbers 18 and 39. To record the Final Plat, the City of Monticello is required to pass a resolution authorizing thc acquisition of fee title, easements, and other rights necessary for construction, reconstruction, improvement, and maintenance of Wright County Highway Numbers 18 and 39, located in Section 13, township 121, Range 25, and Section 18, Township 121, Range 24. B. ALTERNATIVE ACTIONS: I. Authorize the acquisition of fee title easements and other rights necessary for construction, reconstruction, improvement and maintenance of Wright County Highway Numbers 18 and 39, located in Section 13, township 121, Range 25, and Section 18, Township 121, Range 24. 2. Do not accept resolution at this time. C. STAFF RECOMMENDATION: The City Administrator, Deputy City Administrator, Public Works Director. and City Enginecr recommend selecting Alternative No. I. In order to follow County and Mn/DOT acquisition procedures, this plat must be approved and recorded at Wright County. D. SUPPORTING DATA: Wright County Highway Right of Way Plat No. 55 Resolution 103 (':'.I)(i( 'I.:\H:- !'ll,lwwal-_: ('!d,/ I( ',IL\ _1\1,_",,,',I)51!310 U: IllliI "':''''',' ,,,,,' ....W,;,'" "k \ I \ I I \ \ I \ I \ I I \ \ ,~ I, ..0'" "' I "~ro~ \ I I . 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I I I I I ,- ~,.--- __--Ii~"', / , /' ~.~'-.l~ ~ " ;' "n "J~ .!/\~; 3"1- 3~"; I- r3!-ll-.JO , ' -------- /_- _ J,-:;,.",}'i(, \ I II It I J l . \ ,1 , \ ,-, ~'~, I" ~~\ ~~~~ \ /' \ ~~J.::' ;~ ~/ \ --'DO'''' bj~ . ! "" 0, 0, " ~ / I :li! ~1;"'., "';:: 'N gj ! j ,~ ~ . . RESOLUTION NO. RESOLUTION FOR ACQUISITION OF FEE TITLE, EASEMENTS, AND OTHER RIGHTS NECESSARY FOR THE CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, AND MAINTENANCE OF WRIGHT COUNTY HIGHWAY NUMBERS 18 AND 39 At a meeting of the City Council of the City of Monticello, held on the 14'h day of March, 2005, the following Resolution was offered by and seconded by to wi!: WHEREAS, the City of Monticello has prepared Wright County Highway Right of Way Plat No. 55, County State Aid Highway Numbers 18 and 39. NOW, THEREFORE, BE IT RESOLVED that said the City of Monticello authorizes the acquisition of fee title easements and other rights necessary for construction, reconstruction, improvement and maintenance of Wright County Highway Numbers 18 and 39, located in Section 13, township 121, Range 25, and Section 18, Township 121, Range 24 in accordance with said Right of Way Plat No. 55. Upon the call of the roll the following Council Members voted in favor of the Resolution: The following Council Members voted against its adoption: ATTEST: Mayor Dated ,200 STATE OF MINNESOTA COUNTY OF CITY OF I do hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of ' Minnesota at a duly authorized meeting thereof held on the day of ' 200_, as shown by the minutes of said meeting in my possession. (SEAL) City Clerk {;:lii""ng" ,,-,1""0,'_'0'.' ('",,,,eil,lg,._,,,{,iclj,,r6,-Jf)O-,'-,-.I.1-rJ5ro,, "u!"i.,.;,;..,,,,"._lol,".:m.d.x- s? \Ob - . . . Council Agenda - 3/14/05 7. Public Hearin on consideration of vacation of easements for Lots 2 and 3 Block 2 Groveland 4" Addition. (.10) A. REFERENCE AND BACKGROUND: Earlier in the agenda (Item 5E) the Council considered approval of a lot line adjustment for Lots 2 and 3, Block 2, Groveland 4th Addition. The plat of Groveland 4th Addition has 6' drainage and utility easements running along the side lot lines and 12' easements running along the front and rear lot lines. The lot line adjustment has changed the alignment of the easement so that there is no longer a 6' easement on both sides ofthe lot line. To correct the easement alignment it is proposed to vacate the existing easements and replace them with easements that are 6' on either side of the new lot line. The City is required to conduct a public hearing prior to vacation of any easements. The City has provided mailed and published notice of the proposed vacation. B. AL TERNA TIVE ACTIONS: 1. After conducting the public hearing, the Council may determine to vacate the existing 6' drainage and utility easements along the interior lots lines between Lots 2 and 3, Block 2, Groveland 4th Addition contingent upon replacement easements be obtained. 2. The Council may determine not to vacate the easements as proposed. C. STAFF RECOMMENDATION: If the City Council approves the lot line adjustment for Lots 2 and 3, Block 2, Groveland 4th Addition, the logical action would be to vacate the existing easements and obtain easements that are 6' on either side of the new lot line. It is the recommendation of the City Administrator that the existing easements be vacated contingent upon documents for replacement easements being signed by the property owners. D. 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'ilu1Mollol a1n JO Apa1SaM.I1POU 'Bu1A] loa.al11 1eld pap.ooa. a111 01 'ilu1p.oooe 'e10.auull'l 'Al lG'BUM. 'NOI.LWaV H.Lt aNV13AOllD Uj lI" '2 '10018 'E 101 )0 p"d le1.l1 pu" 2 101 J 1""1 "nn bs S6991 = e,,'" V 13 :SNOI.Ldlll:JS3a 1VD31 0 NOLLWOV H.Lt GNV1:o1J\O/,m 2 )joo\8 'f.: .,. G :NOI.LdHl::JS3G 1VD:;I1 8. v c ,'. 1 /", / ,1,.... , '" / ' , '" , '" '" , '" '" , '" , ) / 'o~A // // ou. ... /""': 0'\ ~,/ /~.S~:"/'\ '/,,, 1, /'l>"'/ \ ~,,\ / /0......./ 3;-' /..... '\ /' S ,/~,,;;./ \ ~ ///'// ' ~________ c"O ~~~,///,,~' \ < -----S--~ J.N:;!n:;!SV:;! ~~~-......... ~" ~,,/ /~ ,/ \ .. J...LI1I.Ln '11 :mVNIVlIG./ ',/' /,,:;.-;.,-<;)Q,>/ ' '" (' /' /" ~y \ ~ , y / '" 7- -~ , /' // ,/ '" ' / / ,/ ../ /' , \ / / / ro"lS /' ?>",Qg;,'" /' q,'" Qjl(j / ~" "l / / '13;JHV d {j ~f; (~) './- '. / // / . . . Council Agenda - 3/14/05 8. Consideration of vacation of drainal!e and utili tv easements on Lots 3. 4 and 5. Block 1. Prairie Ponds Addition. (10) A. REFERENCE AND BACKGROUND: As part of the platting process for the Prairie Ponds Addition the City obtained 6' and 12' drainage and utility along the lot lines of the individual lots as shown on the attached plat. The property owner is proposing a replat of Lots 3. 4 and 5, Block I and as requested vacation of the existing easements. Replacement easements will be obtained with the plat of Prairie Ponds Second Addition. Thc City is required to conduct a public hearing prior to the vacation of any easements. The City has provided mailed and published notice of the proposed vacation. B. ALTERNATIVE ACTIONS: I. After conducting the public hearing, the Council may determine to vacate the existing drainage and utility eascments on Lots 3, 4 and 5, Block 1 Prairie Ponds Addition that wcre obtained by the City when the plat was recorded. 2. The Council may determine not to vacate the easements. C. STAFF RECOMMENDATION: Since the City will be receiving replacement easements with the proposed replat of Lots 3, 4 and 5. Block I Prairie Ponds Addition. it would seem logical that the existing easements be vacated so that the property owner can proceed with the replatting of the property. It is the recommendation of the City Administrator that the existing easements be vacated with the understanding that replacements easements will be provided to the City with the plat of Prairie Ponds Second Addition. D. SUPPORTING DATA: Copy of Prairie Ponds Plat Jo9 Of/ ~ 8 , / / / c9S _~ \,\1'~ lJV' '1 1,1," ~\Ov a - ___ 'Vi .1,/0...... '- ~'O" r:Q' ". n_ u 66"Ci& AI , ~~ 'c ' ~~' \ F1\ Iv^ I..JCJ v, -:J-ln",,..,_ \_...J I, IV~J ~, , / / / I / / ! Ogl ./"' I; ........................... '" / l:::.. .~ J; /3&/ r-- -1:...; / / JJ c:.. ,,) ..:; d '" ;:,; '4J /" :;;: - / " <c .:0 / " I, " I;J) 1 " m- ~ " -4 f... 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';(71\TJ1 .;i~~,q;~ JU J "'~6~,'::-:.y -<J~p~""._~ '- "J ',' \ w '" 3.0LS006BS Stf3.L70-AL '" Sl'SU or " " ~; ~ 1-:--: 1-- t-, . , .... ~ ~ ....:): <t-\' (.fj -~ ~.~~ ..~"'- oc -~ I I / <"-0 / ".-..f-:r.'l --:0 c....\-'.(,,-..J ,{,.-'.-' ',..{:~,'-' 1:3:> "10)0 ---~~~' k"'- , (I[ I ,/ . ",,/ , --- :y-- / ~. . Council Agenda - 3/14/05 9. Public Hearin - Consideration of vacation of Garrison Avenue within the lat of Wildwood Rid!!e. (10) A. REFERENCE AND BACKGROUND: Garrison A venue provided access to the few residential parcels now surrounded or absorbed by the Wildwood Ridge and Carlisle Village subdivisions. The road no longer serves a purpose so it is proposed that the road be vacated. Once the vacation occurs, the land will be become part of the adjoining parcel. In this case, once a vacation occurs, the property automatically goes to the adjoining owner at no cost. The portion requested for vacation at this time is the Wildwood Ridge side of Garrison A venue. It is proposed that the City maintain utility easement rights over vacated area. B. ALTERNATIVE ACTIONS: . I. Motion to approve the vacation of Garrison A venue within the plat of Wildwood Ridge as described in the attached documentation. Motion to include a requirement that utility and drainage easements be retained within the area proposed for vacation. 2. Motion to deny said vacation request. C. STAFF RECOMMENDATION: Staff recommends alternative]. D. SUPPORTING DATA: Map showing area for vacation. - I I <:J .. WSB e& ASSociates, Inc. Infrastructure. Engineering J Planning. Construction Memorandum 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 To: John Simola, City of Monticello Rick Wolfsteller, City of Monticello Jeff O'Neill, City of Monticello Tom Scott, Campbell Knutson Bret Weiss, WSB & Associates, Inc. From: Steve Ische, P.L.S. Date: February 9,2005 Re: PrOposed Garrison Avenue Right-of- Way Vacation WSB Project No. 1010-00 . It is my understanding that the City of Monticello is interested in vacating a portion of the west half of Ganison A venue lying south of CSAH 18. This Portion of Ganison A venue was dedicated in the Wildwood Ridge plat at the same time the adjoining lots were created. Mr, Tom Scott and I are in agreement that once the right-of-way is vacated, it will automatically revert back to the adjoining land owners. The only thing the City will have to do to vacate this right-of- way will be to pass a vacation resolution and record the document at the County Recorder's office. For your reference, I have enclosed a copy of the exhibit and proposed legal description for this vacation. If you have any questions regarding this matter, please Contact me at 763-287-7181. Attachments srb . q- II \ Minneapolis. St. Cloud F:\WPWIMIOl(N)O:J;OOJ c(J~3pDf!dt>",,~\A{EMO_GQrr;SWI Av~ ROW Vat:atiwt.()2{)'X'-f.dorc Equal Opportunity Employer '7 '7 f~ '7 '7 2 -, _ <, 1 I ' . , I 1-' l=- 00 ",' '_'I-- --.) .....,... W <' ::J ,,'../ 0 Q'''' ~ ..~'.."":~ ~ " ~ lO 0 8~ 13 14~ >- ~ 0 " " IE ~ ~ ,n 86. 4 'U 141. 9 20 ~ (J\ 156. 1 " 19 ~ ~ 171. ~ ..:5 A ~ 0 w > 0:: < o 0 1 CD 146 170 " J 1 (J\ 167. 2 ~ 0 CD 2 CD ~ 151 ru 0 3 CD (J\ .A. WSB 4150 Olson MemOlial Highway Suite 300 Minneapolis, MN 55422 "~Inc. 763-541_4800 FAX 763-541-1700 1I~1:J:I-l...'"1I:"!NIfJ:i__::I"Ie-;I'I::II:m.._ -:i"~n"I::t:+::... ~S' '-</ '~ J'& I GRAPHIC SCALE 100 0 50 100 ~.... L ~ PROPOSED VACATION AREA=15402 SQ FT City Of Monticello WILDWOOD RIDGE GARRISON A VB. VACATION WSBProjectNo. 1010-000 PARCEL 1 C\-\\d- 9/24/2004 . City Council Agenda -March 14, 2005 10. CONSIDERATION OF REVIEWING POLICY FOR REGULATING OFF PREMISE DIRECTIONAL SIGNS ON THE PUBLIC RIGHT -OF- WAY. ( JO, JS & FP) A. REFERENCE AND BACKGROUND: A request has been made by Mark Olson of Olson Electric to have the City Council reconsider the City's policies regarding directional signs within the public right of way. A copy of the existing policy determined in 1980 is attached. It provides for off premises directional signs with the right of way on y for churches, medical facilities, governmental facilities and other civic interest groups. No commercial off-premises signs are presently allowed. On behalf of Olson Electric, Mark Olson would like to have the City erect a directional sign within the public right of way at the intersection of Chelsea Road and Sandberg Road. The sign would indicate the location of and direction to the Olson Electric business at the north end of Sandberg Road. . Factors that the City Council, may want to consider in reaffirming or altering the policy include: . amendment of the zoning code is required to allow off premises directional signs within the public right of way; . the unique circumstances, location and hardships incurred by Olson Electric and other businesses must be taken into consideration or the city may end up with off premisescommercial signs everywhere; . the cost of any off premises sign erected in the public right of way must be paid for by the user, not the city; . the sign must meet MN DOT standards; . where any sign is erected in the county or state right of way, the sign must be authorized by county or state as well as city; . liability issues should be discussed with the City Attorney. D. SUPPORTING DATA Exhibit A - Copy of minutes from October 6, 1980 . \,~ -- MONTICELLO MEMO TO: Rick WolfsteJJer, City Administrator Bret Weiss, City Engineer Fred Patch, Building & Zoning Official leff O'NeiJJ, Community Development Director 10]1]) Simo]a, Public Works Director FROM: Dawn Grossinger, Deputy City Clerk . DATE: March 7, 2005 RE: Directional Signs 10hn Simo]a requested that I check the City's records as far as guidelines for directional signs. Allached are approved minutes from October 6, 1980 that speJJ out some specific provisions for directional signs. Although this was approved by the Council, it is not reflected in the current sign ordinance. In quickly reviewing the sign ordinance Section 3-9-B(h) is the only reference I found relating to directional signs Attachment: Minutes 1 0/6/] 980 t )t>- t"\ Monticello CiIYH~-Walnuts;;'eet, Suite I, Monticello, MN 55362-883] . (763) 295-27]] . Fa;: (763) 295-4404 Office of Public Works, 909 Golfeourse Rd., Monticel]o, MN 55362. (763) 295-3170 . Fax: (763) 271-3272 . MINUTES REGULAR MEETING MONTICELLO CITY COUNCIL October 6, 1980 - 7:30 P.M. Members Present: Arve Grimsmo, Dan Blonigen, Fran Fair, Ken Maus, Phil White. Members Absent: None 1. Continuation of Public Hearing On Consideration of a Variance for the St. Michael and All the Angels Episcopal Church, and the Possible Adoption of Guidelines for Directional Signs. A variance was preVioUsly requested by the St. Michaels & All the Angels Episcopal Church at the last COuncil meeting to allow an off-premise directional sign somewhere in the area of Palm St. & East Broadway, and also in the area of 4th St. & Highway 25. The Council, at the last meeting, deferred any action On this particular item until more informa_ tion could be gathered on a standard type of sign that could possibly be used. . A recommendation was made to the Council Members by Loren Klein, Building Inspector, John Simola, Public Works Director, and Gary Wieber, City Administrator, indicating that such directional signs should be uniform in size, height and color, and should be limited to advertising such facilities as medical facilities, governmental facilities, churches and other civic interest groups. In addition, it was recommended that each sign be purchased by the City and installed with the organization paying the Cost of the sign plus $25.00 as a permit. It Was recommended by this Committee that directional signs of this nature be handled On a variance basis, rather than changing the existing City Ordinances to allow all types of businesses to USe directional signs. Motion Was made by Ken Maus, seconded by Phil White and unanimously carried to adopt a set of guidelines for directional type sign variances as fo lIows: A. SIZE - To be 18" x 24". B. HEIGHT - To be no greater than a stop Slgn. C. COLOR & MATERIAL - Signs for Hospitals and Churches should be Blue & White; Parks & Recreation should be BrOwn & White; General Information should be Green & White. D. NUMBER OF SIGNS - One per establishment. E. CONTENT - Directions Only. F. TYPES OF SIGNS - For Medical Facilities, Governmental Facilities, Churches & Other Civic Interest Groups Only. G. PERMIT FEE - Establishment to pay cost of sign plus $25.00 permit. - 1 - jQ.\\S . . , Council Minutes - 10/6/80 Motion also included a variance to the St. Michael & All The Angels Episcopal Church to erect one directional SLgn per the guidelines, which would be reviewed after five years. 2. Public Hearing On the Consideration of a Variance Request to Eliminate Continuous Curb Barrier Around the Perimeter of a Parking Lot _ United Methodist Church. The United Methodist Church requested a variance to have a parking lot completed to the south of their Church without the necessary curb barrier requirement around the perimeter of their parking lot. This parking lot was proposed in Conjunction with Wrightco Products, who would utilize the parking lot during weekdays, while the United Methodist Church would use the parking lot On Sundays and for other services. The obligation of Wrightco Products would be to pay for the completion of the parking lot and Continued maintenance eVen though it would be situated on the Church property. The Church's request for elimination of the curb barrier was based On the fact that drainage would appear to pOnd behind the School and Church building if a curb was installed and would not be able to flow out into the street. A motion was made by Fran Fair, seconded by Dan Blonigen and unanimously carried to approve the variance request for the United Methodist Church to eliminate the curb barrier around the perimeter of their new parking lot. 3. Report b Engineer on Storm Water Pond in Problems _ West River Street. Mr. Ron Nygaard, who lives at 1521 West River Street in Ritze Manor Addi- tion, approached the City Council at the August 25, 1980 Council Meeting indicating a COncern for a problem with drainage in this area along West River Street. At the last Council Meeting, September 8, 1980, John Badalich, City Engineer, reCommended that culverts for Lots 2 & 3, BLock 1, Ritze Manor be increased to 18" diameter, and Lots 4 & 5, Block 1, Ritze Manor, be increased to 24", and also a 24" culvert be placed on Hilltop Drive to allow the drainage to rUn off into a creek without causing any backup problems. The engineer's estimate for changing these culverts and restoring the driveways was estimated at approximately $6,250. After reviewing the estimated cost, the Council discussed whether any portion of the project would be assessed to the benefitted property OWners or whether the City would pick up the entire cost on ad valorem taxes. Although there was concern that piCking up the entire cost may set a precedent in the future, a majority of the Council members felt - 2 - \O-~~ .... . Council Agenda - 3114/05 11. Consideration of settlement offer - Kramer House (R W) A. REFERENCE AND BACKGROUND: In November 2004, an arson fire destroyed the City owned structure at 811 Minnesota Street known as the Kramer house. This was the property that the City had tentatively scheduled for demolition to make way for future 7th Street extension to Elm Street. Plans were being made to prepare the house for removal and bids were actually received for the possible demolition of the structure, but a decision was made last fall to wait for possible use by the Fire Department as a training exercise sometime in 2005 . Because the structure was insured through LMCIT (the League's Insurance Company) they were notified that a claim may be submitted for the loss. The initial reaction trom LMCIT was that they didn't feel the City had suffered any type of loss since it had intended to demolish the structure for right-of-way purposes anyway. The insurance adjuster was well aware that the City had prepared the structure for demolition by obtaining bids, disconnecting utility services and not seeking a renter for the structure for the past year or so. Even though it was the City's original intent to demolish the structure for future right-of-way purposes, the City did have the building insured tor $175,000 and had paid premiums for that coverage since the early 1990's. After submitting the initial claim last fall, the insurance adjuster indicated that the City would have coverage for cleanup and removal costs after the fire and also costs incurred by the Fire Department in fighting the tire but again indicated he did not feel the City suffered any additional loss because of its intentions to demolish the building. The adjuster noted that the building had been vacant without a renter since the fall of 2003 and the insurance policy indicates that if a structure is vacant, valuation of the structure can be determined by an appraisal rather than the policy limits. In other words, if the City wanted more than demolition and Fire Department reimbursement, it was the insurance company's right to seek an appraisal to determine value. At the December 13th Council meeting, I had presented an offer that I had negotiated with the insurance adjuster that would reimburse the City $30,000 as a settlement for our losses. Although the adjuster was reluctant to offer this amount, they felt they could justify it by covering the cost of demolition the City had originally expected to pay (approximately $10,000), covering Fire Department costs of $2,000-$3,000 and basically rcturning to the City all of the premiums we had paid on the policy tor the last dozen years or so. This offer was the result of numerous discussions I had with the adjuster and his supervisor, but was rejected by the Council on December 13,2004. As some of you may recal!, the Council requested a $50,000 settlement. . The Council's $50,000 counteroffer was rejected by the League as they did not have sufficient supporting documentation to consider the demand. In addition, they removed the $30,000 offer from the table and indicated they would be hiring a real estate appraiser to assist in determining the fair market value of the property in accordance with the policy. The appraisal has been completed for the League and in the opinion of the appraiser, places the value at zero In discussing the appraisal with the adjuster, he feels it does support the League's denial of the - \\\ . . . $50,000 olf" "'d >Wcr, '"Prort, 0,," with,,",w", of <he $10,000 odglo," "ttiomem R,cogol"o, 'Ii" O"y .iII how "'me Ilolii/;,y 'og'diog 'k","p "'.I I,j~ O'po"mom "Pcroli '"'" '0 dOk, 'h, L,"I!O< I, willio, '" "tti"li I, ,,,,. fo, $/5,000 1 lie Ci 0'" oof y 00,,, "''',"''i" w",1d be '0 liire Om ow" oppm'", "" <h,,, go '0 "bi'mOoo m "'olw Ib, '""'cr. G"iog 0", "Me wiIl ooIy CO" 'lio City ,"o~ mo",y fm", "PP"hcr m,d .Iw ,"bj,,, "0' ""0"'", COm",,,y '0 m'diOo"", ,,,,,,. Wliil'iI', Wry liko'y We wold hi" '" oPrml,cr '0 ~w "' 0 bigbcr y",,,, """ ~m fo, ,lie P"'P'rty, iI"ill """d be d"idod liy. 'hi", rae,y mb iI""o, "'.I 0" f"ct Ih" 0" C ily Ii "" pI "'0", "" "">wlog 0" "m",o" ""YWo y i, 00' goi 0 g to be in Our faVor at an arbitration hearing. COUJ1cil Agenda - 3/14/05 My '''oooO,"d.Ooo i" D'",o"Iie, w'" ,,, ",,,p, Ih, $30,000 '" , ili"o,I" i, wo, 0 'm, OW" by eMCl1." "'''PI"",, ofilio $J 5,000 '''''.y i, 0'," ""'ooolik. "i, po"ib', dm, If Ih, Coo"'d w"","" ,,, pmpo"",, olfcr 0''''" $J 5,000 <h, 1"'''"''''''Oj,,,,,, '""y 'm"ldcr i" bm the only offer I have verbally is $15,000 at this point. B. AL TERNA TIVE ACTIONS: I. Th, CO"",,, oo"fd "'"" ilio P'opo", "'00",00' of$I5,OOO whid, COy,," 0" C"y', Cost of demolition and cleanup along with reimbursement for Fire Department expenses. 2. The CounciJ could reject the proposed settlement amount and authorize the staff to "liI.i" co 'PrmlAAI ,,' "'0 "we ,,, be ""d ,,, d"""of>,, <Ii, ~I '" ,"" wilJ be ''''"'' ,"'" by a third party arbitrator. Estimated cost of the appraisal is $2,000. J. Tho C""ooiI w'dd P""", 0 '''"''''mff" o'xwo 0" $J 5,000 pmpoAA/ "" LMell consideration. C. STAFF RECOMMENDATION: D. Sio," i, I, ob'io", ilw", Ib, Olry', imoo, '" >0"'"" <lio h""" "' '''"'' fi"o~ dOl', II" CiO', '0," 00 <Ii, pm,,"y h '''y ml""",,, "Ihl, 'imo WfOk" ""~oIy 0"" b, "g"'d II"" M 'POrn'", '"" lie ob'~"'d d,", w,,"ld pIo," Ib, ~h" 0' II" pm,,"y high" IbM "ro, I d,,"', <liio k " W"old Ii, i" d" lim, I"""" "f 'Ii, Ci, y ,,, p"m", 'Ii" "'''''' io ""i" i "g " , ""'''''00' " w,," my '''''mmooooOoo io ""'mbe, '0 "'"P' $]0,000 m,d 1 Wm'ld oow =""""00' if w, can get anYwhere trom $15,000-$20,000, the City should close this matter. I Would "COm"""d ""mpO"g m, '''""''mff" of$I7,500. [f we "pooO fimd, ,,, Iii" m, ""pml""o "gh, "m "we i,,,,,.,,, COm"""y, I 'hio' Ib, CiYy will ooly f"" i" Ib, '''''g = i" ""' <Ii, U",,,, " im"mo" b", ""''"'" ,ood CO"mgo foe "' I" <Ii, P"" Thoy h." d'''''O'd "' "" many issues and I would recommend trying to settle this as Soon as Possible. SUPPORTING DATA: Copy of insurance Company letter of December 15,2004 Memo of December 28, 2004 Letter and appraisal report of February 8, 2005 II <;r MEMO TO: l'vlavor and Councilmembers /\ \ J (~ Rick Wolfsteller, City Administrator ',,, FROM: DATE: December 28, 2004 RE: Insurance Claim - Kramer House Fire Based on the previous Council action of December 13''', I had a conversation with the claim supervisor at the League of Minnesota Cities Insurance Trust regarding the Council's request for $50,000 as settlement of the house fire that OCcurred on November 6'''. I just thought the Council should be aware that LMCIT has rejected OUr offer and will now be proceeding under the terms of the insurance policy in trying to establish a lair market value of the structure before OUr loss. . What the insurance company is now proceeding to do is hire an appraiser who will try to determine what they leel the fair market value of the structure was at the time of the loss. The insurance company is well aware of the City's intent to demolish the structure and was aware that the Fire Depal1ment was actually asked to burn the structure in 2005 and I am sure that they are going to take that into their consideration when they make an offer in the future. Indications I received were that they feel the structure was actually a liability to the City in that Our intended Use was for public right-of-way purposes so I expect that their appraiser will come in at a value of less than the $30,000 they were olfering to settle this claim. I know initially the Council discussion centered on whether the City should be accepting their first offer when in reality the $30,000 is probably the second or third offer they were attempting to make. Initially they felt they did not Owe us anything since it was OUr intention to demolish the structure anyway, but I alier had some conversations with their claims adjusters, they were willing to propose a settlement that would repay OUr insurance premiums that We paid for twelves years and also provide some funds for clean up and to Cover the Fire Department costs. They had suggested a price 01'$5,000 to $10,000 as a settlement. As you may recall, J mentioned this at a council meeting previous to December 13'" to see if there was any interest in negotiating this type of settlement and was asked to continue discussions and see if I could get more money out of them. The insurance company also recognizes that they will now incur additional Cllsts Ill[ appraisals and that there could possibly be a continuing dispute OVer what fair market value is and that is why they thought $25,000 to $30,000 would be more than adequate lor the City and would be something they could also support. The Council will likely receive another olfer in the near future once LMCIT completes their appraisal study 'Ind 1 will bring this information to you at future council meeting for consideration. t I hope you all had a good Christmas and here's wishing you a Happy New Year. Attachment: LMC Letter Monlicello City Hall, 505 Walnut Street, Suite I, Monticello, MN 55362-8831. (763) 295-27t I . Fax: (763) 295-4404 Oftlce of Pubtic Works, 909 Golf Course Rd., Monticello, MN 55362' (763) 295-3170' Fax: (763) 271-3272 \ \ - i l" League of Minnesota Cities Claims Department 145 University Avenue West, St Paul, MN 55103-2044 (651) 281-1200 . (800) 925-1122 Fax: (651) 281-1297 . TDO: (651) 281-1290 WWW,lmnc.org . LMC ~rl of Mi"-8olu Cities Ciliu 1"WnoHn9 ~CQ December 15, 2004 City ofMonticel1o Attn. Rick WolfsteJIer City Administrator 505 Walnut Street, Suite 1 Monticel1o, MN 55362 RE: LMCIT Claim No. Loss Type: Date of Loss: 11050313 Fire - Kramer House /] -6-04 Dear Mr. WolfsteJIer: . We are writing you regarding the claim for the damages to the Kramer House, and in fol1ow up to Our recent telephone discussion. As you are wel1 aware, We offered the City of Monticel1o $30,000 to conclude this matter. Also, as known, the City of Monticello City Council rejected this settlement offer, and has requested a settlement of$50,000. At this time we do not have sufficient supporting documentation to consider the demand of $50,000. It is agreed that we will retain the services of a professional real estate appraiser to assist in determining the "Fair Market Value" of the involved property. As our settlement offer of$30,000 was rejected, this offer is now withdrawn. Once we have received the real estate appraiser's valuation analysis we wil1 be in Contact with you. In the meantime if you have any questions or concerns please let us know. Si~U &Mil1er Claim Supervisor League of Minnesota Cities Insurance Trust 651-215-4088 Fax: 651-281-1297 Cc: Scott Torgerson - Al1ied Adjusters . AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER \ l- l }.cJ LMC League of Minnesota Cities Claims Department 145 University Avenue West, 51. Paul, MN 55103-2044 (651) 281-1200 . (800) 925-1122 Fax: (651) 281-1297 . TOD: (651) 281-1290 www.lmnc.org L-g- of MmPJetro4J Cities C;,;,. pt'Dmofing ~1IC8 February 8, 2005 City of Monticello Attn. Rick Wolfsteller City Administrator 505 Walnut Street, Suite I Monticello, MN 55362 RB: LMCIT Claim No. Loss Type: Date of Loss: 11050313 Fire - Kramer House I 1-6-04 Dear Mr. Wolfsteller: We are again writing you regarding the claim for the damages to the "Kramer House". As previously communicated we proceeded to retain the services of a professional real estate appraiser to analyze the "Fair Market Value" of the Kramer House. The appraiser has now completed his" Fair Market Value" analysis of the property. The appraiser was Clarke T. Goset. We have enclosed a copy of his analysis report for your review. As you can see the appraiser places the "Fair Market Value" of the structure, prior to the fire loss, at "$0". Based on the appraisal, and the language of the policy covenant, the "Fair Market Value" settlement to the city would be $0. However, we do understand there are costs involved for clean up and demolish of the debris from the fire. This cost is covered by your policy. The amount of this cost has not been fully evaluated. We desire to get this matter resolved with you for an amicable settlement amount. We request you contact us to further discuss. If an amicable settlement is not obtainable, we will then look to demand appraisal and proceed through arbitration as an alternative means to reach resolution. The Appraisal and Arbitration option is part of the MUNICIPAL PROPERTY, CRIME aDd BOND (MPCB) coverage form. I refer you to. SECTION VI - LIMITS OF COVERAGE AND VALUATION 2. LOSS VALUATION d. APPRAISAL AND ARBITRATION AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER )\ - I ~ \ \ \- \ ~').. . 11 048052 Page 2 February 8, 2005 Either party may make a written demand for arbitration if the city and LMCIT disagree on any of the following: (1) The fair market value of covered property prior to the loss or damage: In this event, each party will select a competent and impartial person. Each appointee shall be a professional appraiser or other person with appropriate professional expertise. The two appointees will select an umpire. If they cannot agree, either may request that selection be made by a judge of a court having jurisdiction. The two appointees will each separately state their respective estimates of the value or cost which is in question. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: (a) Pay the cost of its own appointee; and . (b) Share equally the expense of the umpire and any other expenses related to the arbitration process. We would like to believe we can get this matter resolved without having to proceed through the arbitration process, as it would be additional expense for both of us. We look forward in hearing form you to further discuss, and to get this matter resolved. ~~ John Miller Claim Supervisor League of Minnesota Cities Insurance Trust 651-215-4088 Fax: 651-281-1297 Cc: Scott Torgerson - Allied Adjusters . . , t . . . . . . . , . . . " , " '. " t t t t It It .' . It . Ii . . I .' t . l! ~! , t Clarke T. Goset, A praiser - -~--~-- ~---~---~-~~- - -~ -_. ---~-~----~-~ -_._.-..._~-~.~-l - ApPRAISAL FOR 811 Minnesota Street, Monticello. Minnesota 55362 PREPARED FOR LEAGUE OF MJNNESOTA CITIES, CLAIMS DEPARTMENT 145 UNIVERSITY AVENUE WEST ST. PAUL, MINNESOTA 55103-1297 PREPARED BY CLARKE T. GOSET CERTIFlED GENERAL APPRAISER 4002042 AS OF November 6, 2004 FILE # 22061 P~O~Box686 Wayzata,MN 55391 . P.O. Box 80605 Minneapolis,MN554()8 'Phone (612)$79.0473 Fa-,,(lil2)879-()475 - CLARKE T. GOSET - REAL ESTATE SERVICES January 17, 2005 League of Minnesota Cities, Claims Department 145 University Avenue West St. Paul, Minnesota 55103-1297 Re: Claim Number 11050313 Subject: Valuation as of November 6, 2004 for Residential Dwelling Prior to Destruction by Fire without Contribution Value of Land or Detached Garage at 811 Minnesota Street Monticello, Minnesota 55362 PO. Box 686 Wayzata, MN 55391 . PO Box 80605 Minneapolis, MN 55408: Phone (612) 879-0473 Fax (612) 879-0475 2 . . To Whom It May Concern: . . I have visited the subject site in the current time frame, investigated relevant data on the property, had staff interview Monticello city officials and reviewed documentation provided by the city and back- : ground data provided by Mr. Scott Torgerson of Allied Adjusters. Based on the consideration ofrele- . ~t data outlined in the following documentation I find the residential structure at 811 Minnesota ~ Wreet Monticello, Minnesota as of November 6, 2004 (prior to fire destruction) to be valued at: . . . . . . . . . . ~ . . . . . :- . . . . ZERO DOLLARS ($0) Tax records, assessors data, interview detail with city staff, review of Monticello City Council min- utes and other documentation reveal that prior to November 6, 2004 a residential structure existed at 811 Minnesota Street Monticello, Minnesota. On or about November 6th a fire occurred at the resi- dence. The residence was significantly damaged and the remains of the housing shell were either re- moved or pushed into the basement of the dwelling. A site inspection during December with accom- panying picture documentation reveals only rubble remaining of the former residential dwelling. The question addressed with this documentation is; what was the value of the residential structure it- self prior to the fire without regard to land or garage? The property is in a commercially zoned area with open space to the east, south and west sides. An apartment complex sits to the north of the property. No single-family dwellings are in proximity to the site. The subject site is zoned for commercial use. \ \ _ I ;) L\ , , .. :. .. .. .. .. .. .. " , , . , , , It . :. It . . It It It It It It It t . . . . :. . . . . Clarke T. Goset, Appraiser The facts as understood by this appraiser are that the former dwelling was a 1920 built residential dwelling known as the "Kramer property." Monticello City Assessment re- cords show the dwelling as having three levels with seven rooms; living room, dining room, kitchen, den, 1.75 baths and two enclosed porches. Total living area is shown as roughly 1,752 square feet plus 590 square feet of enclosed porch areas (pages 13-14). Tax records show the property being acquired by the City of Monticello in 1992 as a "Government Buy-Out." The reason given for the city's acquisition was to allow for an extension of 7th Street west across the Kramer property. This street extension never oc- curred. The home was reportedly rented by the city as a residential dwelling(s) subse- quent. The property had been rented alternately as a one or two unit dwelling. The prop- erty had been vacant since the fall of 2003 and was boarded up at the time of its fire. A bid request for demolition of the subject property was issued by the City of Monti- cello's Public Works Director and City administrator dated October 4,2004. That bid stated that "The sanitary sewer service has been disconnected and capped at the street" and "Electric service to the house has been disconnected" page 24). Monticello city staff recommendations from council minutes of October 25, 2004 state in part, "Authorize the City to enter into a contract with Fyle's Excavating for the demolition of the old Kramer house at a cost of$1O, 125.00" (page 26). Reports indicate Monticello officials having contacted their fire department prior to No- vember 6, 2004 and being in discussions with fire officials the about burning the struc- ture as a practice drill. Reports indicate that the Fire Department was willing to under- take this but did not have the funds allocated to them for the undertaking in 2004. The property was not salable by the city to private parties as it was improperly zoned tor residential dwelling, had no utility services and most probably could not have been mortgaged by any conventional lending methods making it unmarketable as a residential dwelling. Note can be taken herein that it is not uncommon for residential dwellings to be relo- cated by home movers with some nominal shell value ascribed to the dwelling. How- ever, virtually all structural relocations occur with one story rectangular shaped homes suitable for transport, not the three level style or footprint size and configuration of the subject structure which precluded any effective economic re-siting. \!-I;)S PO. Box 686 Wayzala. MN 55391 * PO. Box 80605 Minneapolis, MN 55408: Phone (612) 879-0473 Fax (612) 879-0475 3 r-' . .' . . ., III It It . . . . . , . . - - - , :. ~ ~ I I l I I . Clarke T. Goset, Appraiser Discussions with city personnel indicated that the subject residence had been the target of vandalism prior to its fire demise. The city staff had to attend damage to the property and re-board, cleanup and secure the premises on one or more occasions. The property as it existed prior to November 6, 2004 was clearly a public nuisance, a danger to the welfare and security of the community and not habitable at the time of the fire. Given the above, the City of Monticello had effectively condemned the property by un- dertaking a planned destruction of the structure prior to November 6, 2004. Owing to the property's zoning, its boarded nature and all utilities having been discon- nected the physical dwelling residing on the property simply had no structural, market or economic value. It is judged to have been improperly suited to its location by zoning, nonviable economically, an eyesore, and a general liability to the city. I have had over twenty-five years of property valuation experience and done numerous properties with no value incumbent to the structure(s) sited on the property. In the sub- ject property's case the only value incumbent to the property would be its land. How- ever, as a condition of this valuation the value of the residence dwelling only is valued and that is zero based on the above. Given the city's proposed demolition of the dwelling or its continued repair of vandal- ism the structure can actually be projected as having had a negative value. Cost of demolition was estimated at $10,125. Internal city costs related to the structure are not estimated but would have been a negative value consideration based on city resources being utilized in security and vandalism repair had the property not been demolished. City resources would also have been utilized in terms of a planned burn. As demolition, or a planned burn not occur and the structure no longer exists, these circumstances are not factored. However, these considerations would have been a factor ifthe structure had remained in place beyond November 6, 2004 as a negative cost applied to the prop- erty yielding a negative structural value. I am prepared to give testimony as to the factual content of the above. I am reasonably certain that should the facts, as stated herein, be reviewed by independent third parties, i.e., insurance review entities, county commissions or the courts, the opinion of value rendered herein would sustain a zero value for the subject dwelling structure. No reasonable or plausible appraisal method known would allow for any structural value to the dwelling at 811 Minnesota Street Monticello, Minnesota on November 6, 2004 or in the immediate time frame before. , ~ \\- \ ~ PO Box 686 Wayzata, MN 55391 . PO Box 80605 Minneapolis, MN 55408. Phone (612) 879-0473 Fax (612) 879-0475 4 e " " " " " " " " " .. .. 'e " .. ill .. , , , , ~ ~ ~ ~ ~ ~ . . :. I I I I Clarke T. Goset, Appraiser Thank you for the opportunity to provide a service. Should any party to this valuation have questions as to the factual content stated herein, appraisal rationale or conclusions do not hesitate to contact me. Yours truly, /', - Clarke T. Goset, 4002042 Minnesota Certified General Appraiser \ \- \ d I PO Box 686 Wayzata, MN 55391 * P.O. Box 80605 Minneapolis, MN 55408. Phone (612) 879-0473 Fax (612) 879-0475 5 . . . . . . . . . . . . . . . . . . . . . , " , , - - - ~ ~ ~ ~ ~ ~ ~ ~ ~ ... ~ ... ., " a Clarke T. Goset, Appraiser ICTURES OF SITE 11 Minnesota Street, Monticello, Minnesota 55362 Street Frontage Looking South Vacant Land ToW est of Subject Property Il- \:>'6' P.O. Box 686 Wayzata. MN 55391' P.O. Box 80605 Minneapolis. MN 55408: Phone (612) 879-0473 Fax (612) 879-0475 6 P.O. Box 686 Wayzata, MN 55391 . PO. Box 80605 Minneapolis, MN 55408: Phone (612) 879-0473 Fax (612) 879-0475 7 .. .. .. .. " " " " .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ~ ~ ~ ~ ~ ~ . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ PICTURES OF SITE 811 Minnesota Street, Monticello, Minnesota 55362 Termination of 7th Street at Minnesota Street and Subject Property Clarke T. Goset, Appraiser Rental Units to North Along Minnesota Street Looking East From Property Frontage Showing 7th Street il-ld.<1 Clarke T. Goset, Appraiser PICTURES OF SITE 811 Minnesota Street, Monticello, Minnesota 55362 .' . ., . . . . . . . . . . . . a a . . . . " . . . . . . ~ ~ ~ ~ I I I I I Adjacent Vacant Commercial Property Along 7th Street P.O. Box 686 Wayzata, MN 55391' P.O. Box 80605 Minneapolis, MN 55408: Phone (612) 879-0473 Fax (612) 879-0475 8 Looking North Along Minnesota Street From Subject Property tv"-: \~- l30 . . . . . . . . . . . . . . . . . . . . . . . . .. .. .. .. .. .. .. .. .. .. .. ~ ~ .. .. " . . II) Oarke T. Goset, i\ppraise:r PK'TlJRFS OF SITE 811 Minnesota Street, Monticello, Minnesota 55362 1\- 131 P.O. Box 686 Wayzata, MN 55391 * P.O. Box 80605 Minneapolis, MN 55408 : Phone (612) 879-0473 Fax (612) 879-0475 9 . . . . .' . . . . . . . . . . . . . . . . . . . . .. .. a I I I , . . . . . . . . . . . ~ Clarke T. Goset, Appraiser PICTURES OF SITE 811 Minnesota Street, Monticello, Minnesota 55362 Foundation Rubble " _..~ .~ Foundation Rubble .,"1 --...; -_:~,~.,.-.......,...... P.O. Box 686 Wayzata, MN 5539] . PO. Box 80605 Minneapolis, MN 55408 . Phone (612) 879-0473 Fax (612) 879-0475 10 \\-\3d- PO. Box 686 Wayzata, MN 55391 * PO. Box 80605 Minneapolis, MN 55408. Phone (612) 879-0473 Fax (612) 879-0475 ] I . . . . . . . . . . It .. It It .. .. .. .. .. .. . . . . .. .. . .. . . . .. . . . . II . II .. .. .. .. ICTURES OF SITE 11 Minnesota Street, Monticello, Minnesota Foundatioo Rubble Clarke T. Goset, Appraiser Foundation Rubble Foundation Rubble \\- \ 33 . . . . . . . . . . . . . " " " " " . . :. . . . . . . . . . . . . . . . :. , . . . . Clarke T. Goset, Appraiser ... .t '" $,,'f 100m '''A OCATION MAPPING 811 Minnesota Street, Monticello, Minnesota 55362 I~ ~AP'll\,o;[~'T,~: I I $".') 0;- J l..mSt ;; l .J i i ~ W1lhSt '* I , , i L"'MRa_~m ~, ---------- o 2005 GDT lne r'\- r ,/;1, ", I': _I'Q"',S'.c . ,?- -----.L10' oGr.y Ea,fe ,}Bo~lIA <:-little- Rock ri~ OgiIvil!o.... " MoraO~m ml ~. Up&ala ({tree Gilman ;':"" ~a (g) vSnmawictl (70) [ill aHQl"""fOf~ i.,wata. :J.../23r~ .a.. ,oa.>o ,p'''., . 'f" I' rw walt: R.P:~L-(l';"':'J""'~,i~~;"~~''''adfO'.o :::brid ITI.. Richrnond;J ;1.~""-"r-71 _Zimmerman () p~';'~"" ColdSpring oC~ter ~ {-'\ East8.thel. ,J w~'" (24)M ~- .,,_ITl." \ '::St. r4.nCit U .,.. (55}o .o...nim '"~ 011 """-, 'Elk Rlver - -' Eden Valley AnrIarMIaN! ~~'1 Fof'est La <l (} AI~f"tV i"'..,payton '(st') ! Manannah 0 Buffalo (, -" I _;..,fN! Lik:hfleld Kingston r) 1 I--'-~ ._!.~r--!'l., ..~+, "'--"0-_ .. Coll:ato ~,~?) Rosendale -oarw~:l._____,,__,,___ _ ~J oOefan8 MI I Wi"".. .... i Cos.mQS c.' Mound r:J51 j 0 jiut.;hinson <.D o~ ..,Wac;:ollia l;~ @ }",ayG""'~,^:~:, ':c~:~a, L'- 5"~fIL.lnc"." "Nol'WGo<I ".: hU."CI\I~S" _ ~Fliu... .'~'I l1.< 0,.0..... MlII'dl_ll.... :J',s, C"'lmil'Jl ClIO" 01 100m 180011 ~ ,. o N -.S/. ".,1ei-. i'l"~~ "1-'91)/~ ~ em [ill (2~) em '" Golt Course Rd J,d Sf 0;- ,$ """ 'if 'f '" .,rm Mo_ l1f -0 4"~-$rS' .... f!. f --".s, I , , I I I I ~. I .,~ .... I i ~~..!l!Q!!!:'tcom IIlC c""""." -", (;- . J'~ \fV,.JorIJok 01 lID f!,;. . "t1>ft;~1" ..../s.." " ~Tfto/q"Rq fi7'llts, ;0 ~ ... -# ,,' o . ~ o o ~ ~ m OoodIIaRtI d ~ School Blvd s~Or . 1:1 2DOS GOT lnc P.O. Box 686 Wayzata, MN 55391 . P.O. Box 80605 Minneapolis, MN 55408 . Phone (612) 879-0473 Fax (612) 879-0475 12 \ \- \3'1 ~ . . . . . . . . t t . . " . . . . 1110 '!:::l III ..tl 0.... " si ~.I · f'~~ III Ill'" .. ....U III !2}-- III III III III III III III III III III III III , , " ,. , ! .. , ~ Z C , " III Clarke T. Goset, Appraiser CITY ASSESSORS RECORDS 811 Minnesota Street, Monticello, Minnesota 55362 gb! go", -". (;!~O N"W .. l- I ! 8 III 01 OIl- :H~i o .. '" W"l c~t~~ o .. ~ Q) ,~ 2> ~ ,l i:! U , I. = '1 ~!!: I~ . II :v' ~~ ~ U JI = 'i ~ 2) 1O!!i v i~ , .s j!:~ ~ .t ~ : I 151-~1' !O! ~.J ~ ~~151 : i ~! ~~I5~uf ~J€~g'!' ~fill- t;:, ..t:.Jar-1 i'il!s';l"!, t: ...::. b it: ~ a: iH;~~ , 3 11:' C ~ "Po =-. t; lI! c :Ii ~ i 1I ~ 1'-8000 , - o N..-I..... .j'" N~OOO "".' . I'J.N~r- ~ ....C'\I..-4...~ (.; ....oyo .,', I ~ I , ill o 000 0': o ............ r ~ III u 000 .. t I I I , ~ ! ~lIlillUHl .,......0r4........ \ 1'0000 , I I I I ( I ~~~~~ I N g! '" I ,.. <I: in ;~ w~ 0.... ~... 8~ , , \' : =- e .i:: ia a !u -N ~~ H ] Q () I~ ~ ,',,;,...j},'*', . ~ \~g ,!,' ~ -a.:- ~ t::')1~ .~ 4i.~ ~~ J1~ i\3..~ . ~ -.::: -.., ~ , . .::f;..'")~ , " 1 ~~,," ...... , ~ i I:("'-I",~~' ~ <i:J.I~~~ ~ ~ In .J ,(' w &J ~ ~ r; ~ <1 C d~ c ~ ~ S<;;;~~0la;~ !~g crgi~~ :Ii " i j J 5 " \:) ." ~ 'f c~ . ! ~~ .. . ; Xl ~ , , . , , .~~ ~~~Ig~ ~at~ ~~I PO, Box 686 Wayzata. MN 55391 . P.O. Box 80605 Minneapolis, MN 55408 . Phone (612) 879-0473 Fax (612) 879-0475 13 ,\-l35 Clarke T. Goset, Appraiser ITY ASSESSORS RECORDS I Minnesota Street, Monticello, Minnesota 55362 ('J1i:-\ . . ~ , '.; i I . 1 I I 1 i. . I I I I. ;, .,r \. j ; ,I I . , . I , , , , , , " , , : . . ; i . . , > '. . '!! , - - I ~. :. ' ' . . . . . . . . II II II II II II Ii II II .. , I . IIi:: ;":.t I I ) 'if (" >i . I . I i i ~ Il- lj~ P.O. Box 686 Wayzat"" MN 55391' PO Box 80605 Minneapolis, MN 55408. Phone (612) 879-0473 Fax (612) 879-0475 14 . It . . . . . . . . . . . It . . . . . . :. It It It It It It It a a a . . a . . :. , , , , Clarke T. Goset, Appraiser EMOLITION BID 811 Minnesota Street, Monticello, Minnesota 55362 1\- (3) _'~1'1 12 >:::': ~ : :.':Hf1 MONTICELLO SPECIFICATIONS FOR BUTIJDING DEMOLITION AND SITE PREP ARA TION OF THE OLD KRAMER HOUSE AND APPURTENANCES 81 J & 907 ~nNNESOT A STlU:ET FOR THE CITY OF MONTICELLO MINNESOTA OCTOBER 4. 2004 Prepared BJ': ~(!,~~~ E. :>-iH!ola_..____ Pllb{;r, ~J'''lrks Director City (~f .Jll111rice/l;) P.O. Box 686 Wayzata, MN 55391 * P.O. Box 80605 Minneapolis, MN 55408 : Phone (612) 879-0473 Fax (612) 879-0475 15 EMOLITION BID Clarke T. Goset, Appraiser 811 Minnesota Street, Monticello, Minnesota 55362 . . . . . .. . It . It . . .. . . . I , , , . . . . . . . . . . . :. I . . l JAN 12 '05 11:16AM P.3/14 INVITATION FOR PROPOSALS OLD KRAMER HOUSE AND APPURTENANCES 811 & 907 MINNESOTA STREET FOR THE CITY OF MONTICELLO, MINNESOTA The City of Monticello will receive proposals at the Monticello City Ha.I1, 50S WaJnut Street, Suite I, until 10:00 a.m., Thursday, October 21, 2004. All proposals will be publiclyopcned and read aloud. All propOllals shall be inked or typewritten on funns to be supplied by the City. Copies of the plans and specifications may be obtained from the Monticello City Hall at 505 Walnut Street, Suite 1, Monticello, Minnesota 55362. The sllccessful contractor will be required to tbmish and pay for a satis18ctory perf'()I]J)IJlWe bond. PropOS<lls will be considered by the City of Monticello Council on Monday evening, October 25, 2004. The City l'CServes the right to reject any or all proposals or to waive any infurmalities in the proposals. BY ORDER OF THE CITY OF MONTICELLO Rick WolfStel1er City Administrator T.. be pUblished In tlte M....ticello r_I/R/: Octo687 13, 201U \ " F~~". .LA-_~-=11M1&r.3llOf -PAGe20F14- -~--- 1\- 1'5Z' P.O. Box 686 Wayzata, MN 55391' PO Box 80605 Minneapolis, MN 55408 . Phone (6]2) 879-0473 Fax (612) 879-0475 ...... 16 . . AN 12 '05 11' 16AM . . . . . . . . . . . . 1. . . /'4.. .e . . It It It 3. It II II II . 4. . . s. . , . , .... ,.5. , , .. "~~~"""",'~2.004 , t Clarke T. Goset, Appraiser EMOLITION BID 811 Minnesota Street, Monticello, Minnesota 55362 P.4/14 PROPOSAL FORM FOR BUll..DING DEMOLITION AND SITE PREPARATION FOR THE OLD KRAMER HOUSE AND APPL'RTENANCES 811 & 907 MINNESOTA STREET CITY OF MONTICELLO. MINNESOTA TO TI-!B CITY OF MONTICEILO MONTICEILO, MINNESOTA The following proposal is made fur bUilding demolition and site preparation of the old Knuner house and appurtenances. The unde:rsigned certifies that the project specifiCatiODS have been carefully examined and that the work site has been personally inspected. The undersigned declares that the amount and nature of the work to be done is understood, and at no time will misUIJderstand.in& of the specifications be pleaded. On the basis of the specifications, the undersigned proposes to funrish all Deceasary apparatus and other meaDS of' construction and/or demolition to do all the work and fumish all the materials in the manner specified to finish the entire project within the time hereinafter specified, and to accept as full com.peosation therefor the sum stated below. . RARe PronoE:al A. Demolish the old Knuner house and appurtenances as specified, prepare the site as specified, and transport all debris to a state permitted demolition disposal site for a total lump sum of ($ ). The Owner reserves the right to award to the lowest responsible contractor or TEliect any or all proposals as detcnnined. to be in the best interest of the City. The undersigned fiuther proposes to execute the contract agreement and to funrish satisfaetolybond within five (5) days after notice of the award of contract bas been received. The undersigned further proposes to begin work as specified. to complete the work on or before date specified, and to maintain at all times a contract bond approved by the City in an amount equal to the total bid. In submitting this proposal. it is understoOd that the right is reserved by the Owner to r'liect any or all proposals and to waive informalities. \ \- l2:,<:t . PAGI!! 3 0"'4- P.O. Box 686 Wayzata, MN 55391 . PO Box 80605 Minneapolis. MN 55408 : Phone (612) 879-0473 Fax (612) 879-0475 ----. 17 I I I I I I I I I I I ~ I I I I I ~ ~ ~ ~. ~ ~ I ~ ~ ~ I I I I I I I I I I I I I I I I AN 12 '05 e) 1) g) 1.04 a) b) c) 1.05 fI Clarke T. Goset, Appraiser EMOLITION BID 11 Minnesota Street, MonticeUo, Minnesota 55362 11'17AM P.6/14 Con1raC:tua1 Liability Insurance - The contractor agJ"ees to hold hannlesll and indemnify the owner, the engine..... and their agents fl:om every elahn. action. cause of action, liability. damage expense, or payment in<:lUl'nOd by n:asons of any bodily injury ineluding death. or property damage >:esulting from the contractor's operations on this project. Owners Protective Liability :linn P..()~,,)' Dam.alle Tnf;i;1Tran~e - The contractor ah.al1 provide owner's protective liability and property il......."ge insurance in the nam.e of the owner. insuring against bodily injury and plVperty damage liability. in the limits set forth above fur which they maybeeOJne legally obligated to pay as damages sustained by anype:nJQ1Ul caused by a.ocident and arising out of operations pedlmned for the name insured by independent contractors and general supervision thereof. Insurance certificates evidencing that all the above information is in fOrce with companies acceptable to the owner and in the amounts required shall be submitted to the owner for examination and approved eoncurrentlywith the execution Qfthc contract. In addition to the non:nal information provided on the insurance certificates, they shall specifically provide that: L A certificate will not be moditied except upon ten days' prior written :notice to the owner. 2. COVCI38C is included fur blasting, collapse. and underground hazards. COMPLIANCE WITH LAWS. BUILDING CODEs., AND REGULATIoNS The bidder is assumed to have made himself :tBmiliar with all codes, state laws, ordinances, and regulations which :in any manner affect those enp.ged or employed in the work, or the materials or equipment used in or upon the improvement, or:in any way affect the conduct of the work, and no pica ofmisundcrstJondiJ'lgwill be considered on account oftha ignoJ1U1CC thereof". The provisions of such codes. laws or anfinanees are decm.ed to be a part oftb.ese specifications, and the contractor will be bound by the provisions 1:henrof. The contractor shall and also by a surety agree to indemnify and save hannless the owner and all onts officers, agents, and servants against any claims or liability milling from or based on the violation of"any such law. ordinance, :regulation. or decrees, whether byhiTn....1f or hi" employees. Xfthe contractor shall d.iscoverenyprovisions in the contract, IIIpecifications, or anydirecti.on of the City or inspector which ia contrary to or inconsistent with any such law, ordinance, ""gutation, or decree. he shall forthwith report ita iOCWlsistenee to the City in writing. GUARANTEE BONDS Befan:> entering into contract successfbl bidders must furnish contract performance bond or satisfilctory irrevocable letter of credit in full amount of" contract with suitable penalties provided thereingua:canteeing faithfUl perfmmance of contract and payment of all obligations "~.A/II,Jt.cl...ua._._~.~,~IJ' ~1~ . PAGE 7 OF 14- P.O. Box 686 Wayzata, MN 5539\ . PO. Box 80605 Minneapolis, MN 55408 . Phone (6\2) 879-0473 Fax (6\2) 879-0475 \9 \ \- \4 \ . . . . . . .. .AN 12 '05 .. .. .. . . . . . . . . . . :.> . 1.08 . . . · b) . . . . . . I I l I I Ie 1.06 a) 1.07 a) 1.09 a) b) c) Clarke T. Goset, Appraiser DEMOLITION BID 811 Minnesota Street, Montieello, Minnesota 55362 11:18AM P.7/14 arising thereunder in accordance with terms thereof.. Form of bond and surety thereon subject to approval of owner and sball cover wode done under contract for period of twelve (12) months beyond date set shown in original contract for completion of same. The bond shall be maintained in :force for twelve months after emnpletion of the work and aeceptance by the City. This contractor shall pay premium for bond. RESPONSIBILITY FOR CONDITION OF STRUCTURE Prospective contractors are hereby advised, notified, and warned that the City ofMontioello and its agents, employees, and servants make no representations as to the conditions of the structuTes fur which bids are invited, nor any part or portion thereof; DOl' any installation therein of any natUre whatsoever; and furthermore, the City takes no responsibility for any change in such structure, portion thereof; nor any installation of any type whatsoevor therein contained between the time of initial viewing by the prospective contractor and the cmtry into a contract between the successful. contractor and the City of Monticello. VACANCIES 'I'he premises will be vacated at the time of notice to PI'Oceed. EXAMINATION OF SITE OF WORK It will be required and expected that each contractor, before submitting a proposal for work requin:d wtdcr these specifications, will visit the site, make a thorough cx".....in"uon of conditions, take all necessary measurements, and thoroughly familiarize himself with all existing conditions and all of the limitations pertaining to the work herein contemplated. The submission of a proposal shall be considered assurance that the contractor has visited the site and made thorough ex........inAtion of the conditions and Ibnitations. COMPLETION - LIQUIDATED DAMAGES The contractor shall eommence work within five (5) calendar days after notification to proceed, and he shall complete the work within fourteen (14) calendar days of such notification. From the <::ompensation otherwise to be paid the contractor, the City may retain a sum of Fifty Dollars ($50.00) for each calendar day that the work remains incomplete after the completion date. which sum is agreed upon as a propermeasure ofliquidateddamages which the City will sustain per diem by failure of the contractor to complete the work at the stipulated tUne, and this sum is not to be construed in any sense as a penalty. No extension of time will be given for the completion of the wodc except for delays authorized by the City. Extension of time will only be granted upon a written xequest from the contractor to the City. F!'\flIaIIlPi.l..I"......_..~--=~ ..PAGEeOF14.. P.O. Box 686 Wayzata, MN 5539] . P.O. Box 80605 Minneapolis, MN 55408 . Phone (612) 879-0473 Fax (612) 879-0475 20 Il-lY:;:}, , ~ ~ ~ ~ . . . . . . . . . . . . . . t :. Clarke T. Coset, Appraiser EMOLITION BID 1 Minnesota Street, Monticello, Minnesota 55362 JAN 12 '05 11'19AM P.8/14 1.10 SAFETY a) Each contractor shall take aU :necessaryprecautiOl15 to protect life, limb, and property during the progress of the wock. and shall comply with all new and existing safety a.rJd health standards and laws. ~"lI"'...-4>-""""""'.""tClICiII:IQOl. 4PAOE9OF14- b) The contractor ohall use every precaution to protect the public limn personal harm. The contractor shall enoct suitable barriers to prevent people from falling into boles or being struck by falling debris. 1.11 CLEAN UP a) Upon complotion otthe work listed henin. the COJ1tractor shall remove all tools, equipment, scaffolding, debris, and unused I1UltcriaIs from the site and the entire premises shall be left in a cl..... and workmanlike manner to the satisfaction of the City of Monticello. 1.12 PROTECTION a) This contraCtor shall ~ propernoticcs, make all necessary ammgem<U1ts, and perform aU other services requit'ed for the cue, protection, and maintenance of all public utilities, including mail boxes, fire plugs, telephone and telegraph poles and wires. and all otller items of this character on and around the building site assl11Dins all responsibility and paying all costs fur any damages caused by the demolition. b) The contractor shall protect the existing sealed well as shown on the plans. 1.13 SALVAGEOFMATERIALS a) All salvageable materials within the building (except where specifically noted) at the time otnotiee to proceed shall become the property of the contractor. The con1ractOr shall secure the building from entry beginning with the notice to proceed. 1.14 EVALUATION OF PROPOSALS a) Tn evaluating the best proposal fur the City, the rollowing item.. will be considered: 1. Price quoted in the proposal 2. Qualifications of the contractor. Evidence shall be furnished to the City that the contractor has the necessary facilities, ability, and financial rellOUl'CeS to perftmn the work in aeeordaoce with the specifications. . ----~~ '------- .n ~_,____ _"_~'_ \ \- \. '-\ 3 P.O. Box 686 Wayzata. MN 55391' P.O Box 80605 Minneapolis, MN 55408. Phone (612) 879-0473 Fax (612) 879-0475 21 . . . .' .' t t 'AN 12 '05 11'19AM . t t t It It It It . t t . . . 1.17 PERMITS ..a) . . t t t . t t t t t t t . . t .. . . . . 1.15 a) b) 1.16 a) P~.' Clarke T. Goset, Appraiser EMOLITION BID 11 Minnesota Streel, Monticello, Minnesota 55362 P.9/14 Al>PROV AL AND FINAL ACCEPTANCE Upon the completion of the work herein specified. the contractor shall notify the City in writing that the work is ready for final inspection. A.ftelo final inspection, the conlractor will be notified of final acceptance or of additional or correc:tive work required for final acceptance. Before final payJ!1eJ:lt is made for the work on this project. the contractor must make a satisfactory showing that he has complied with the provisiol1$ of MiDnesota Statutes Annotated 290.92 requiring the withholding of state income tax for wages paid employees on this project. Receipt by the clerlc of the owner ofa Certificate of Compliance from the Commissioner of Taxation will satisfY this requirement. METHOD OF PAYMElST Fun payment will be made within 30 days upon completion and acceptance of work. The contractor shall obtain a City dconoIition pannit for the den1olition of the building. The cost of this pennit will be waived. All other pennits regarding transportation or disposal shall be the contractor's responsibility, including COSl of said permits. \\- \ '\ L.) P.O. Box 686 Wayzata, MN 55391' PO Box 80605 Minneapolis, MN 55408. Phone (612) 879-0473 Fax (612) 879-0475 .01_ L~ ......'ClfOa4C04 - PAGe 10 OF 14- 22 . 1\ .' . . . . AN 12 '05 11'20AM . II II . . It . . 2.01 General . 2.02 Scope It 2.03 Utilities : 2.04 Protection . ...06 CleanUp · 2.07 Disposal Site . . . . . . . . . . . . . . . :. . . - . Clarke T. Coset, Appraiser DEMOLITION BID 811 Minnesota Street, MontieeUo, Minnesota 55362 p _ 1el/14 SECTION II DEMOLITION OR REMOVAL INDEX 2.05 Site Preparation and Compacted Backfill P.O. Box 686 Wayzata, MN 55391 * PO Box 80605 Minneapolis, MN 55408. Phone (612) 879-0473 Fax (612) 879-0475 23 2.08 Area Map 2.09 Site Map \\~\4t) f'i"J' .t:..,"'_ J... ...uu.... ....,Q1lll112OOl1. - PAClE> 11 0" 14- EMOLITION BID 811 Minnesota Street, Monticello, Minnesota 55362 ~ It . " .' I It ., - Clarke T. Goset, Appraiser JAN 12 '05 11'20AM It t It I it !t !t it it it t. t , , It It It It It , , , , D It D D :. , , " , 2.01 a) 2.02 a) Please note Yellow Box Text Referenced in Cover Letter d) ,~.03 a) b) c) d) I"""~,- P.l1/14 SECTION II DEMOUTION GENERAL Buildin2 Descrintion: General Arehitccture: Two-storywood frame with a one-story additioo, ftont carport and concrctl!l slab duplex residence with a buement and detached garage. See plan sheet (Attachment A). Size: SCOPE Wmk includes the dem01ition or temO"al of the existing buildings and barbequo as shown on the site plan. This includes all walls, roofll, posta,. support columns, and floor slabs (including those outside). The resulting excaV1ll:ions sball be leveled and compacted with suitable existing site granular material by the cotrttactor at no additional cost. All debris, including rubbish, fum......, appliances, pumps. brick, concrete. plaster, wood, wire, glass, steel, pipe, block fbundations, miscellaneous household waste. and other like materials sball be removed ftom the site and properly disposed of. All concrete slabs, curbs, platfomul, "within the property" sball be removed. The structure is not expected to contain asbestos material as required inspections have been perfonned and those materials COJ!....ini"l!: asbestos over ODe percent have been removed. If any ElU8pected bazaxdous materials are found during demolition, they are to be reported to the Owner for special handli:og by 0wI'Iel' or authorized contractor. UTILITIES The one existing well was sealed by separate contract prior to the start of this demolition project. The dc:moliti_ contractor shall protect this well. Th" i1....."li1inn rnnlr.lctOr sholl remove and disoose of all ni"e fOund in anY excavations. the sanitary sewer .ervice has been disconnected and capped at the street. Electric serviced to the house has been disc;onnected and gas service was never xun from the street to the house. If any additional existing mridential wells are fuund, contTactor will noti;ty the City, and the City shall have the well capped or sealed under a separate contract. "*~ r .....1G1llM!C1O& - PAI3!! 120F 14- ~ \\-\\.\.\P P.O. Box 686 Wayzata. MN 5539] . PO Box 80605 Minneapolis, MN 55408. Phone (6]2) 879-0473 Fax (612) 879-0475 24 . . . II . e eAN 12 'OS 11'21AM , e 2.04 PROTECTION ! ~ a) ~ ! ! b) ~ e ~ ~ t ~ :. ~ ~ ~ ~ ~ ~ ~ ~ ~ . ~ I . I I c) 2.05 a) 2.06 a) 2.07 a) I. Clarke T. Coset, Appraiser DEMOLITION BID 811 Minnesota Street, Monticello, Minnesota P.12/1. Care shall be taken to control dust by watering, if neeessmy, and fire by arransing for tire control and extinguishers; and to keep pasSCl'$ by from emering the site, a temporary fence shall encompass the demolition area once demolition begins if the site is left lIDattended before the demolition is complete. Fire Protection 1. A I y,," hose line (supplied by contractor) &hall be connected to the hydrant nearest the demolition area (northeast comer of Minnesota and Seventh Street) at all times during demolition. The contractor shall supply or build a hose protector to cross Minnesota Street as well as place <llfanUng devices. The hose can be used fur dust or fire control or to add water to .whieve optimmn moisture fur soil coxnpaction. Water used for these purposes win be pzovided at no cost. 2. The fire department shall be notified ilmnediately if a :fire is discovered. 3. No material, obstruction, or debris shall be placed or allowed to accumulate within fifteen (15) :feet of any fire hydrant. All fire hydrants shall be accessible at all tUnes. 4. Whenever a cutting torch or other equipment which might cause a fire is being used, the contractor shall keep fire extiD,guisbex:s nearby and ready fur instant use. The contractor :ohall retnove all debris from the property over City-approved haul.l1>u1es; 7. Street to Highway 25. SITE PREPARATION After excavations, onsite clean granular material shall be placed and compacted using vibratory equipment until within four inches of original sunounding sur1ilce. Four itwhes of black dirt shall Chen be spread and leveled over the excavated areas. The site shall be leveled or sloped and compacted so as not to be a hazard to the general pu1)lic at the completion of the dmnolition. The existing site material$ sha1l be used. at no e:xtra COmpensation. Any additional black dirt needed will be provided by the City at a stcx;kpile site in Che City and hauled, placed and compacted by the contractor at no additional cost. CLEAN UP TIle site will be left in a clean condition satisflwtory to the City. DISPOSAL SITE The contractor shall properly dispose of all materials in a state-permitted demolition site or sanitaJ:Y landfill "" required by MPCA regulations. \ \- \ '\c '1 ..:vordlP\.lolohnlW ...._4.rNnDll'Illlo. .... 1~ - PAGe: 13 OF 14- po. Box 686 Wayzata, MN 55391 . P.O. Box 80605 Minneapolis, MN 55408 . Phone (612) 879-0473 Fax (612) 879-0475 25 Clarke T. Goset, Appraiser CITY COUNCIL MINUTES 10/25/2004 I) I It: t It , 'i It t t . . t . . t :. . . . . . . . t t t t t . . . :. I I I ~ 811 Minnesota Street, Mnnticello, Minnesota 55362 Council Minutes - 10/25/04 I. Consideration 0 f authorizing plans and specifications fill' Chelsea Road West. Recommendation: Authlll'ize the prepamtion of a feasibility report. preliminary. surveying and plans and specifications for the construction of Chelsea Road west from 90'h Street to CSAH 39 and approximately 1.100 feet of School Boulevard south of propos~'<I Chelsea Road. Res. #2004-84. 1. Review of proposals for the demolition of the old Kmmer house althe inters~'Ction of Minnesota Street and 7'h Street and consideration of award of contmet. Recommendation: Authorize the City to enter into a contmcl with Fyle's Excavating for the demolition of the old Kmmer house at a eost of S 10.125.00. PO. Box 686 Wayzata, MN 55391' PO. Box 80605 Minneapolis, MN 55408' Phone (612) 879-0473 Fax (612) 879-0475 26 Please note Yellow Box Text Referenced in Cover Letter \\- \'\'0 Clarke T. Goset, Appraiser 811 Minnesota Street, Monticello, Minnesota 55362 ;TERMS AND LIMITING CONDITIONS PURPOSE OF THE APPRAISAL ~ ~. ~ ~ ~ ~ ! , ! , , Implied in this definition are the consummation of a sale as of a specified date and the passing of title ; .om seller to buyer under conditions whereby: , Both parties are well informed or well advised, and acting in what they consider their own best inter- ~ ests. ~ ~ ~ ~ ~ ~ ~ ~ ) Function . . ~ ~ Date of Value ~ ~ .e market value for the subject real estate is estimated as of November 6,2004. I I I ~ The purpose of this appraisal is to estimate the market value of the real estate property at 811 Minne- sota Street, Monticello, Minnesota 55362 MARKET VALUE: The most probable price, which a property should bring in a competitive and open market under all conditions requisite to a fair sale. Citing a multitude of federal and state cases, Nichols defines market value as follows: By fair market value is meant the amount of money which a purchaser willing but not obliged to buy the property would pay to an owner willing but not obliged to sell it, taking into consideration all uses for which the land was suited and might in reason be applied. Buyer and Seller are typically motivated. A reasonable time is allowed for exposure in the open market. Payment is made in terms of cash or in terms of financial comparable arrangements. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. The function of this appraisal is to estimate (1) the raw land value, (2) the subdivided "retail" fair mar- ket value, and (3) the discounted/wholesale value, all for mortgage financing. \\- \'-\'\ po. Box 686 Wayzata, MN 55391 . po. Box 80605 Minneapolis, MN 55408 . Phone (612) 879-0473 Fax (612) 879-0475 II 27 Clarke T. Coset, Appraiser 11 Minnesota Street, Montieello, Minnesota 55362 ~ ~ ~ ~ .. -' .. -' .. - .. -' ERMS AND LIMITING CONDITIONS SCOPE OF THE APPRAISAL An appraisal is a process of estimating the market value of real property, as defined herein, as of a specific date for the interest specified in the report Information provided by the client is not generally verified, but is believed to be correct and reliable, ~ .. -' .. ,., .. ,., Legal descriptions, community and neighborhood, site and tax information are generally gained from public records or published sources as well as from individuals believed to be familiar with the area, The plat is gained from the public records unless a survey is provided, ~ .. -' All possible appraisal techniques are not necessarily used, only those believed to be most appropriate for this type of property, The appraisal techniques used are considered those more applicable in this appraisal process and are intended to meet or exceed the standards, ethics and rules ofthe Uniform Standards of Appraisal Practice, ~ ~ ~ ~ amparable property data is confirmed with a party familiar with the transaction and/or public records ~ ~ reasonably as possible, Research and information ofthis type is usually limited to one source, ~ unless reasonable doubt is experienced, Accuracy, of course, cannot be guaranteed, ~ ~ ~ ~ ~ , , , ~ > > > > > :. I I I I Analytical conclusions are only those of the appraiser signing the report The value estimated of the subject property is made giving full consideration to the various factors affecting value, The appraisal is intended for persons, or firms, familiar with real estate and real property, such as the subject, and familiar with appraisal terminology, methodology and reporting, If any questions arise about the appraisal, its use, terms, scope, research, or analytical methodology used, please contact the appraiser, \\- IS \) P,O Box 686 Wayzata, MN 55391 . PO Box 80605 Minneapolis, MN 55408: Phone (612) 879-0473 Fax (612) 879-0475 ... 28 . ., - ~ ~ ~ ~ ! ~ General Assumptions ~ ~ ~ ~ ! ~ ~ ! ! Information furnished by others is assumed to be true, correct and reliable. A reasonable effort has ! been made to verifY such information; however, the appraiser assumes no responsibility for its accu- ! racy. ; ell mortgages, liens, encumbrances, leases, and servitude have been disregarded unless so specified ! within the report. The property is appraised as though under responsible ownership and competent ! management. ! ! ~ ~ t ~ ~ ~ ~ t . . · It is assumed that the utilization ofthe land is within the boundaries or property lines of the property . described and that there is no encroachment or trespass unless noted within the report. .. I l l Clarke T. Goset, Appraiser 11 Minnesota Street, Monticello, Minnesota 55362 TERlVIS AND LIMITING CONDITIONS ASSUMPTIONS AND LIMITING CONDITIONS The legal description used in this report is assumed to be correct. The appraiser has made no survey of this property and no responsibility is assumed in connection with such matters. Sketches and photographs in this report are included only to assist the reader in visual- izing the property. No responsibility is assumed for matters of a legal nature affecting title to the property nor is an opin- ion of title rendered. The title is assumed to be good and marketable. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or Structures that would render it more or less valuable. No responsibility is assumed for such conditions or for en- gineering, which may be required to discover them. It is assumed that there is full compliance with all applicable federal, state, local environmental regu- lations and laws unless noncompliance is stated, defined and considered in the appraisal report. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless nonconformity has been stated, defined or considered in the appraisal report. It is assumed that all required licenses, consents and other legislative and administrative authority from any local, state, national governmental, private entity, or organization have been or can be ob- tained or renewed for any use on which the value estimated contained in this report is based. \\-l5\ PO Box 686 Wayzata, MN 55391 . P.O. Box 80605 Minneapolis. MN 55408: Phone (612) 879-0473 Fax (612) 879-0475 29 I -- ~ -- ~ ~ ~ ~ .. ~ ~ .. ~ .. -' .. -' .. .. -' Clarke T. Goset, Appraiser TERMS AND LIMITING CONDITIONS GENERAL LIMITING CONDITIONS The appraiser will not be required to give any testimony or appear in court because of having made this appraisal, with reference to the property in question, unless arrangement have been previously made. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose without the written consent ofthe appraiser, and in any event only with proper written qualification and only in its entirety. ~ ~ Neither all or any part ofthe contents of this report, or copy thereof, shall be conveyed to the public ~ through advertising, public relations, news, sales or any other media without written consent and ap- ~ proval of the appraiser, nor shall the appraiser, firm or professional organization of which the ap- ~ .raiser is a member, be identified without written consent of the appraiser. I!!l No environmental impact studies were either requested or made in conjunction with this appraisal, and , the appraiser hereby reserves the right to alter, amend, revise or rescind any of the value opinions , based upon any subsequent environmental impact studies, research or investigation. ~ ~ ~ ~ . . . . I I I The appraiser has no knowledge of abandoned wells or of the existence of hazardous material that mayor may not be present in the property. The appraiser is not qualified to detect such substances and urges the client to retain an expert in the field. prior to any legal transaction on the property. The value expressed in the appraisal report assumes no presence or existence of this type of contamination. Acceptance of and/or use of this appraisal report constitute acceptance of the foregoing general as- sumptions and general limiting conditions. :. 11- IS9. PO Box 686 Wayzata, MN 55391 . PO Box 80605 Minneapolis, MN 55408. Phone (612) 879-0473 Fax (612) 879-0475 30 ---- . 18 - .. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ f/lach type of use, vacant and developed, requires a separate analysis. ~ The subject property's highest and best use is estimated herein as its present use and format. ~ ~ ~ ~ ~ !IJ ~ ~ ~ ~ ~ ~ ~ ~ . I t t Clarke T. Goset, Appraiser 811 Minnesota Street, Monticello, Minnesota 55362 TERMS AND LIMITING CONDITIONS HIGHEST AND BEST USE The analysis of the highest and best use of the property is the most important, fundamental and critical section of the valuation steps. The previous sections of this report have examined the subject property, community, neighborhood, site and existing improvements and place in the market. It is necessary to look at these factors in perspective and analyze what the subject property, as ifit was vacant and as if improved, is suited for: "Highest and Best Use" is defined in the Dictionary of Real Estate as: the reasonably probable and le- gal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible and that results in the highest value. The four criteria of highest and best use that are to be meet are: legal permissibility, physical possibility, and financially feasible and maximum profitability. TOXIC OR HAZARDOUS SUBSTANCES DISCLAIMER It is assumed that there is full compliance with all applicable federal, state and local environmental regulations and law unless non-compliance is stated, defined and considered in the appraisal report. The appraiser was not aware of the presence of soil contamination on the subject property, unless oth- erwise noted in this appraisal report. The effect upon market value, due to contamination was not considered in this appraisal, unless otherwise stated. Unless otherwise stated in this report, the existence of hazardous material, which mayor may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such condi- tions, or for any expertise or engineering knowledge required to discover them. \I - I S3 P.O. Box 686 Wayzata, MN 55391' PO. Box 80605 Minneapolis, MN 55408: Phone (612) 879-0473 Fax (612) 879-0475 31 -- Clarke T. Goset, Appraiser 811 Minnesota Street, Monticello, Minnesota 55362 ERMS AND LIMITING CONDITIONS ~ ~ ~ ~ ~ ~ ~ It, ~ ~ ~ ~ ~ ~ I have no present or prospective interest in the property that is the subject ofthis report, and I have no ~ .rsonal interest or bias with respect to the parties involved. ; My compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated re- ~ suit, or the occurrence of a subsequent event. ~ ~ ~ ~ ~ ~ ~ ~ ~ , , , , :. ~ ~ ~ ~ .. CERTIFICA nON I certify that to the best of my knowledge and belief: I have made a personal inspection ofthe property that is the subject of this report. The statement of facts contained in this report is true and correct. The analyses, opinion, and conclusions are limited only by the reported assumptions and limiting con- ditions, and are my personal, unbiased professional analyses, opinions, and conclusions. This appraisal assignment was not based on a requested minimum valuation, a specific valuation or the approval of a loan. The reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. \\_ \SL\ PO. Box 686 Wayz'ta, MN 55391 * PO. Box 80605 Minneapolis, MN 55408 . Phone (612) 879-0473 Fax (612) 879-0475 32 Clarke T. Goset, Appraiser It It . . . . . . . . . . . . ~ . ERTIFICATION OF THE APPRAISER CLARKE T. COSET PROFESSIONAL APPRAISER QUALIFICA nONS One who, properly qualified, estimates value. To be considered a competent appraiser or expert in the field of real estate valuation, one should have I. The ability to assemble and competently evaluate an adequate and pertinent data program; 1. The necessary background and experience, particularly with respect to the property type under appraisement; 3. The essential personal characteristics of unquestioned integrity, sound judgment, and willingness to work; ;~. A thorough familiarity with the stimuli motivating market reaction; and, ~ ~ ~ ~ ~ ~ ~ ~ ~ . l l I I 5. A thorough familiarity with techniques and methods of presentations. :. \)- I s6 PO Box 686 Wayzata. MN 55391 . PO Box 80605 Minneapolis, MN 55408. Phone (612) 879-0473 Fax (612) 879-0475 33 -.... Clarke T. Goset, Appraiser CERTIFICATION 'OF THE APPRAISER CLARKE T. GOSET QUALIFICATION OF CLARKE T. GOSET, REAL ESTATE APPRAISER . ~ ~ ~ ~ ~ e e e ~ Licensed as a Certified General Real Property appraiser, all types of real estate, state license #4002042 Independent Real Estate Appraiser in Twin City Metropolitan market area since 1983, portfolio of over 10,000 fee appraisals Client list of more than 300 local lenders, attorneys and relocation companies Served as Chief Appraiser with Knutson Mortgage Corporation Extensive review appraisal experience e Completion of over 1,000 hours of specific appraisal course work and real estate education including ~ompletion and passing examinations for Society courses 101, 102, Appraisal Institute's principles of e capitalization (formerly known as Cap A and Cap B) e e e e e e e ~ ~ e e e e ~ e Member of Greater Minneapolis Board of Realtors since 1978 ~Graduate of University of Hawaii's School of Business e e e ~ ill Certified by local Housing and Urban Development office Certified as expert Real Estate appraisal witness in Hennepin County, state and federal court work Approved as Real Estate Instructor by Minnesota Department of Commerce, Lectured on appraisal valuation in numerous venues Endorse and comply with USPAP Professional Standards of Appraisal Institute and all governmental/ appraisal Foundation standards Five years of corporate experience with American Hoist & Derrick Sold over 200 properties as a Realtor in Minneapolis area from 1978 to 1985 earning CRS designation Member of numerous real estate board work groups and committees \\- IS ~ Honorable discharge from US Army PO. Box 686 Wayzata. YlN 55391 . P.O. Box 80605 Minneapolis, MN 55408 . Phone (612) 879-0473 Fax (612) 879-0475 34 Council Agenda - 3/14/05 12. Consideration of process for sale of vacated 7'h Street ri!!ht-of-wav. (RW) A. REFERENCE AND BACKGROUND: At the February 11 th meeting, the Council held a public hearing and approved the vacation of that portion of 7th Street lying east of Minnesota Street containing approximately 12,700 sq. ft. Since it was determined that the City would not need this right-of-way for public purpose anymore, and that the property contained sufficient square footage to be considered a residential building site, Council asked that a process for sale of the property be brought back for Council approval. ~ Since it had been past practice ofthe City Council to offer vacated right-of-way for sale to adjoining property owners before making it available to the general public, I have contacted Ms. Monica Olson whose home and property are directly north of the vacated street and Randy Ruff who OW11S a small triangular parcel south of the vacated street to see if they had interest in acquiring the right-of-way. I indicated to both parties that the City may not consider an offer less than $30,000 and both individuals indicated a desire to purchase the property if the price was in that neighborhood. Since both adjoining property owners did express interest in the parcel, I asked both parties to submit, in writing, their offering price for the property by Wednesday, March 9th and indicated I would bring thcse offers to the Council for consideration before offering the property to the general public. I had indicated if the proposed purchase price was within reason, the City Council may be agreeable to letting one of the adjoining property owners purchase the property before it was offered to the general public through sealed bids. Enclosed is an offer received from Monica Olson to purchase the property for $30,000. As of the time this agenda item is being prepared, I have not received a written proposal from Mr. Ruff. Although the offer may be lower than what we originally expected, we also need to factor in what it would cost bring sewer and water services to the property and additional cost offill material and tree removal to make the site buildable. The Public Works Department obtained an estimate from Schluender Construction for extending sewer and water services across Minnesota Street to the property and repairing Minnesota Street pavement at $12,000. If you factor in additional cost of fill material at $2,000-$3,000, the cost of this buildable lot may be closer to $45,000. It is certainly possible that by opening up the property to sealed bids from the general public the City may receive a higher bid, the offering price is fairly reasonable when you consider the other items necessary to make it usable. ISl ~. As an alternative to accepting an offer from the adjoining property owner, the Council could direct staff to advertize the building lot for sale as is. If that is the choice of the Council, I have prepared a basic sale notice that can be published and that could also be given to local realtors to let individuals know that the property was available. . . . B. Council Agenda - 3/14/05 AL TERNATIVE ACTIONS: 1. The Council could accept the offer provided by adjoining property owner, Monica Olson in the amount of $30,000 for the vacated portion of 7th Street. 2. The Council could propose a counteroffer to the adjoining property owner. 3. The Council could offer the property for sale by sealed bids. C. STAFF RECOMMENDATION: Assuming the price offered was a reasonable market value, it is recommended that adjoining property owners have first opportunity to purchase the property next to them, since they would be the most affected by any change. \\7hen you consider the additional cost someone would have to incur to make the building lot ready for a new structure, the offering price of $30,000 is closer to S45,000 in reality. By selling the property to the adjoining property owner, there isn't a guarantee that the property will be used for a new residential dwelling to increase our tax base, whereas if it is offered through sealed bids, an eventual purchaser would likely use the property for new construction. Tfthat isn't an issue, T would recommend accepting the offer from Ms. Olson. D. SUPPORTING DATA: March 3, 2005 letter to adjoining property owners. Maps Monica Olson purchase offer Scaled Bid Notice 11j/s' March 3, 2005 MONTICELLO Ms. Monica Olson 614 Minnesota Street Monticello, MN 55362 Mr. Randy Ruff 611 Elm Street Monticello, MN 55362 Re: Sale of vacated 7'" Street right-of-way Dear Adjoining Property Owners: . As you are aware, the City Council recently decided to vacate that portion of unused 7'" Street lying east of Minnesota Street containing approximately 12,705 square feet, plus or minus. As part of the vacation approval, the City Council has asked me to make a recommendation to them at our next Council meeting, March 14''', as to how they should proceed with selling the property, either to adjoining property owners or offering it to the public under sealed bids. As it has been past'practice orthe City Council to offer vacated right-of-ways for sale to adjoining property owners before making it availahle to the public, I would like to give each of you an opportunity to indicatc in writing your offering price for the property with the understanding that the minimum price the City Council will likely accept is $30,000. Since both of you have expressed an interest in acquiring the property, I would like to bring your offers to the March 14'" Council meeting for consideration by the Council. Please submit in writing your bid amount and expected closing date that the transfer could take place and this information will be provided to the City Council for their consideration. Enclosed you will find an exhibit depicting the size of the property to be sold and a map highlighting the area for your review. If you are interested in purchasing the property, your offer should be submitted to City Hall by Wednesday, March 9'" at 10:00 a.m. If I do not hear from either one of you by that date, I will ask the City Council for authorization to advertise the property for sale to the public by sealed bids. Yours truly, ~F MONT/eEL o j;u LV Rick Wolfstcller City Administrator . R \V/dg Enclosures: Exhibit cc: File - 71h Street Vacation Monticello City Hall, 505 Walnut Street, Suite L Monticello, Ml\ 55362-8831. (763) 295-2711. Fax: (763) 295-4404 Office of Public Works, 909 Goll'Course Rd., Monticello, MN 55362.0(3) 295-3170. Fax; (763) 271-3272 J) - i~~ ----..-.--.-----.-., --~-~---~--_.._.,._.._-- I I ' )f ~ ~ I I I ...- , 0 20 " I I / 'f\ 2<79 (0 '1-/ "---- <v ~ uf. . 279 +/- 1;;1.'-./100 ~ REMAINING AREA OF BLOCK 0 = ~91+/- sq. ft. V//1 REMAINING AREA OF WEST 7TH = 12705+/- sq. ft. ... WSB 7D~ Xenia Avenue SlJjleJOCi Mlnneapo~s, MN 554113 ,~ ,'I$$~ci"'<.r. in," 76:>-54'-4800 r"'~7!l3.54'_170c' EXHIBIT FOR WEST 7TH STREET AND BLOCK Q City of Monticello, Minnesota Date: 12/24104 -..,"'.....__"'...'."."::1:",...11 EXHIBIT S:*Pete-Cod-F i I BS.west?til. dQn . 1------- I r. I ' - I I I . (0 rv ~ )f ~ l.....- , 0 20 " / --{\ 2<19 'f./ "--- 279 +/- ~ REMAINING AREA OF BLOCK 0 = ~91+/- sq. ft. 1:///1 REMAINING AREA OF WEST 7TH = 12705+/- sq. ft. 70l X81liaA\/8flUe Sulle300 Minneapais MN 55416 ... WSB ".,~,'<<iwes,Jo" EXHIBIT FOR WEST 7TH STREET AND BLOCK Q City of Monticello, Minnesota Date: 12124/CW1 103-541-4800 FAX 763-541_1 TOO EXHIBIT _,u=.. _~III'l~ltl:!l:m s: .-.pete-Coa-F; I es.west7tt.. con I ~- /(00 ", '" " " 1-'" "I " '"1',- -.....-..--- ;;: ........, I / ;':/ " ," I '" _ _. ~;;8f;\ ;;,l~ ,"~./ le.,1 I " 1- 6'~ 01'11 ! ! dIe ~ \ II I I \ \ \ I I, e:<, , 11 "- '--:::,\ \ i rr"~>~ , "" I T <~; \ " I I]'; I r :~I "" I \ 111 ;: (tJ " " " I, I I.f I fJ 'J , \1/ r I I T I ~ I i^/i \ I I i Ji \ ~ . "'" *'\ J ",1\ \ '(~ " '.\. \ ':--:-,>~ ", ~fl \ ~'\',. \ ~ "i~s.,,! $ c.... 1*1 .-. .,~'-", I :i I \ ..I.J i or. ^ . I "'~~ " I.~~~ f: Jl:>'e" \J~ r~~-; I ' I r \ " 'II I \ I II i , \ I' ,I /1 I! I;; / III ! 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'7:r-.R.. d..c. f.ad-C ~ 7f/.?-?:?-r~ <J?wA: ,y/TI /~~;tc ~ a~~v..e...- ~~ ~~f/' cutf#,~r:r 7/Y ~^ff ,l"Ui7U-eL /<-;;1' r~ t!....d4 H..- ll).....nt.c.u--th / v?d Li-b../~ i./ itll 00 ..nl~CUpu^~ ~~'3()~Q()O-.. .. 77111: .t/f'Uc~ -0'/ --C~ p-i~/co/ ~<:y ;/; C'rl1-tHz.u~ 0,fU-<t:-?? A../ .. .LLdtR../ Ad:. l' e.-U7l-p1I') rY~1/.1 a;??6~'?) ~ 7n;/~ Hv .. (I/Ulj-u..,.) ~ t'U~Lv ad..i..t:-<-<.1?R~ .. . .. ~/t?i0tf, zXv :thii..L- \.,:l -;1fU<...U ..I~..{_ :rU-tv y:J ?1t:Ui..U 7?1a??v - ..ta-t'?Ud~ Lt...v al'l4U-v r"~:~ . .~44i('L-1.....e!l 77?,nzu?v ~ I ::; - J foC), J~-"".3 . FOR SALE BY SEALED BIDS RESIDENTIAL BUILDING LOT CITY OF MONTICELLO, MINNESOTA Notice is hereby given that sealed bids are now being accepted for the sale of a 12,705+/- square foot (odd shaped) residential building site locatcd at 620 Minnesota Street. The site is being offered "as is" and will require the installation of sewer and water services along with any grading for building purposes at the buyer's expense. Bids are being accepted until 10:00 a.m. on cashier's check in the amount of 5% of the bid price. purchase site within 60 days of acceptance of bid. and require a bid bond or Bond subject to forfeiture if buyer fails to Minimum bids if$30,000.00. City retains the right to reject any or all bids. Bids must be sealed, marked "Residential Building Site" and addressed to the City Administrator, City of Monticello, 505 Walnut Street, Suite #1, Monticello, MN 55362. Please ca1l763-271-32 I I for additional information about the site. ? , . . . . . Council Agenda - 3/14/05 13. Consideration of adoDtion of Durchasin!! Dolicv. (RW) A. REFERENCE AND BACKGROUND: At the January 10, 2005 meeting, the Council discussed the purchasing policies the city staff had been using for various products and services, and especially related to purchases under $1,000, and indicated staff should make all purchases under $1,000 locally. In addition to the direction provided at that meeting, the Council also indicated they would be reviewing and approving all capital expenditures within our 2005 budget at a future date, thus leaving all city departments wondering what items could be purchased and under what conditions. As a result of the Council's direction, I had informed all department heads and supervisors that major purchases should be curtailed until the Council has had a chance to analyze the 2005 budget and I had asked department heads to review some general purchases that they typically make for their departments and to do some cost comparisons with items acquired locally and through vendors outside the city. The purpose of compiling a list of supplies commonly purchased will enable staff to determine which items could be purchased within the community at a reasonable price and which items would likely still be needed to be acquired outside of the community. A price comparison of various office supplies typically used at the Public Works office indicates that there is a quite a cost difference between purchasing the supplies through a local office products company compared to Office Max where the items have been purchased in the past. This inventory list is included for your review. It became apparent from the Council's action that a written purchasing poliey should be prepared and adopted by the Council to provide appropriate guidance for future purchases. In establishing a policy for the City to use in the purchase of equipment and products used by staff the City should take into consideration a number of factors including but not limited to: 1. Actual cost item or service purchased. 2. Time frame to receive delivery of said item. 3. Charges for delivery of ordered goods. 4. Availability of items. 5. Compatibility of items with City's technology (i.e. forms used on the computers) 6. Time/labor cost to do comparison shopping. In the past the City has generally gotten price quotes from various vendors prior to purchasing equipment or services. Based on the quotes received the practice has been to go \vith the lower price even though this may exclude a local provider. Not stocking items that are more specialized such as chemicals, etc. for the wastewater treatment plant may also eliminate local providers. The City's current purchasing practices do not intentionally exclude local businesses. Factors such as cost and availability of needed items, however does eliminate some local vendors. If the intent is to review the practices used by staff in purchasing services and supplies and establish procedures to ensure that the City is getting quality products at reasonable cost this ,''''--\ . Council Agenda - 3/14/05 would be a highly useful policy. However if it is intended that the City's purchases be done locally then the City needs to be able to justify to its residents why the City is willing to pay more in order to support local business. By mandating that purchases must be made locally, it is also taking away the incentive for local businesses to be competitive in what is a very competitive business world and could put the City at risk of violating federal antitrust laws. The City should be wary of giving local venders preference if it limits competition. The establishment of a purchasing policy should set out parameters that would allow the City to continue to bc practical and cost efficient in the purchasing of goods and services needed but at the samc time gives ample opportunity for local vendors to participate in the process. . In many cases, a general policy of purchasing items under $1,000 locally becomes difficult for staff and departments to do because of some unique items we may need to acquire. For example, the Water Department uses meter valves when installing water meters in new dwellings and has typically acquired these items from an outside vendor, WaterPro trom Eden Prairie. Although the Water Department checks prices locally every year, a local company could provide a meter valvc for approximately 70% more than what we have obtained them from outside of the City. When multiplying the difference between $12 and S22 by 250 meter valves we purchase annually, it becomes a substantial cost increase to just say buy them locally. Within City Hall, our copying machines use hundreds of thousands of sheets of paper each year and although the price of a ream of paper (500 sheets) may only be only $.75 higher locally ($2.50 vs $3.25), it adds up at the end of the year when you consider that we need hundreds of reams of paper each year. On some supply items such as computer paper, local suppliers will not guarantee that the products they can supply will work properly in our equipment, which also may be a factor whcn we purchase items. Suitability of the items for the particular use is still an issue and some local vcndors are unable to supply a similar typc of product for our use. The proposed purchasing policy attempts to accomplish the goals of the Council in establishing procedures for obtaining supplies and equipment that best fits the needs of the City while still trying to purchase items locally when possible. By providing provisions where purchases could be made trom local vendors that are within 5% of other vendors still provides opportunities for local suppliers to obtain the City's business but also provides the taxpayers with good value for their tax dollars. Thc guidelines set forth based on value ofthe purchases would reflect Council policy along vo/ith meeting state purchasing guideline requirements. The policy also includes provisions regarding credit card use which reflects our current situation. B. ALTERNATIVE ACTIONS: I. Council could adopt the purchasing policy as presented. . 2. Council could adopt a purchasing policy with amendments. , ~. Do not adopt a policy at this time. J /oS . . . C. Council Agenda - 3/14/05 STAFF RECOMMENDATION: It is the recommendation of the City Administrator that a formal purchasing policy be adopted by the Council to provide direction to staff on purchasing procedures. I believe the policy as proposed will provide appropriate guidelines for staff and accomplish thc goals of the Council. D. SUPPORTING DATA: Copy of proposed purchasing policy Office Supply Inventory Cost Comparison from Public Works /10 ~ CITY OF MONTICELLO PUBLIC WORKS OFFICE SUPPLY INVENTORY COST COMPARISON faRAND ITEM DETAILS MAX SUPPL Y Maskinq Tape 2600 3" roll $2.39 $6.30 3M Maskinq T aoe 2600 1" roll $1.35 $3.80 3M POST ITS 3"x3" lined - 6 pads $6.15 $9.70 3M POST ITS 3"x3" plain - 5 pads $4.98 $7.75 3M POST ITS 2"x2" plain - 5 pads $4.98 not found 3M POST ITS 1 1/2"x2" plain - dozen $3.25 $9.23 3M Post ITS Flags 1"x1.7" 50/container $1.89 $2.68 3M Scotch - Magic Tape - 810 3/4"x1296"(36 yds) - 6 rolls $10.99 $21 .48 ACCENT Hiqhliqhter 2 in 1 - yellow & pink $1.49 $2.22 Chisel tip - 6 assorted ACCENT Hiqhliqhter colors - st $2.38 $5.15 ACCO Loose Leaf Rinas 20/box $1.89 $3.99 ACCO Paper Clips Jumbo - 100/box $0.42 $1.23 ACCO Paper Clips #1 non skid - 100/box $0.15 $0.41 AMPAD Quadrille Rule Pad (draft paper) 50/pad, 4 squares/inch $1.79 $2.64 8 1/2x11 3/4" Canary Note AMPAD Wide Ruled Pad - dozen $12.68 $21.60 17"x22", black headband, clear vinyl corners, Jan- AT-A-GLANCE Monthly Desk Pad Dee $5.19 $12.49 AT-A-GLANCE Quick Notes DesklWall Pad 17"x22", Jan-Jan $9.29 not fou nd fRY Marks-A-Lot Permanent markers $0.69 $1.38 White Out QuickDrv Correction Fluid $0.94 $1.90 500/ream, white, 8 1/2x ISE Copy Paper 11",201bs $3.59 $9.66 Cover stock, white, 8 1/2x BOISE Enhanced Color Copier Paper 11 ", 250/ream, 60 Ibs $10.69 $16.82 BOISE Glossy Cover Laser Paper White, 8 1/2x11, 250/ream $12.49 $10.64 BOISE Glossv Cover Laser Paper White, 18x12, 250/ream $34.89 not found 250/ream, white, 8 1/2x11", BOISE Index Paper 90lbs $5.89 $16.95 500/ream, assor colors, 8 BOISE Mulit Purpose Brites 1/2x 11". 20 Ibs $6.98 $14.20 500/ream, white, 8 1/2x BOISE Presentation Laser Paper 11",24Ibs $6.49 $11.65 GBC Laminatina Pouches 3 mil, Itr, 100/pack $28.99 $54.59 White, 4 1/8x9 1/2", HIGH MARK Commercial Stvle Evelopes 500/box $4.79 $23.70 HIGH MARK FoldBack Binder Clips 9/16" - dozen $0.38 $1.12 HIGH MARK FoldBack Binder Clips 1 1/4" - dozen $0.79 $2.27 HIGH MARK FoldBack Binder Clips 2" - dozen $2.48 $6.18 HIGH MARK Pocket Memo Book - narrow ruled 3x5" - 50 sheets $0.99 not found HIGH MARK Rubber Finaer Tip per dozen $2.17 $2.16 HIGH MARK Staple Remover $0.48 $1.10 52"Hx15"Wx26 1/2"0, 4 j All Purpose H32 Verticle File Cabinet drawers, 106 Ibs, blk $185.89 $310.00 Inkiet Cartridqes - Black HP 45 $29.99 $35.99 Inkiet Cartridges - Black HP15 $29.99 $33.99 OFFICE-SUPPL v-caST-COMPARE -PAGE 1 OF3- 3/9/2005 1~_llol CITY OF MONTICELLO PUBLIC WORKS OFFICE SUPPLY INVENTORY COST COMPARISON ,~ ~, v' BRAND ITEM DETAILS MAX SUPPLY HP Inkiet Cartridaes - Black HP 29 $29.99 $35.99 HP Inkiet Cartridqes - Tri-Color HP 78 $34.99 $39.99 HP Inkiet Cartridaes - Tri-Color HP 49 $31.99 $36.99 Blank, 91/2x11, 181bs, IBM Continuous Computer Paper 2500 forms/carton $25.99 $71.50 IDEAL Stamp Ink 2 fl oz - blk or red $2.99 $2.19 IMATION CD-R Compact Disk 700MB / 80 min - 50 $23.99 $34.45 1.44 MB - formatted - IMATION Diskette 2HD 50/box $11.79 $23.33 Hygenic, non-toxic, finger LEE SortKwik moistener $1.19 $2.35 500/ream, assor colors. 8 MAX BRITE Pastel Color Paoer 1/2x 11", 20 Ibs $5.78 $15.30 MCGILL CO. Hole Punch $4.95 $7.99 200/ream, assor colors, 8 OFFICE MAX Briohts Fluorescents Paper 1/2x11". 24 Ibs $4.99 $18.95 OFFICE MAX Plastic Tabs 25/pack - 115" cut $1.09 $3.29 OFFICE MAX Push Pins 1 OO/box - Clear $0.99 $4.95 OXFORD BY ESSELTE Color Coded Year Labels - 2005 Black w/white, 500/box $8.55 $5.50 OXFORD BY Green. Itr, 11 3/4Wx9 ESSEL TE Colored File Pockets 1/2"H $1.49 $2.15 FORD BY ELTE Recvcled File Pockets Red, 11 3/4x9 1/2", 3 1/2" $1.65 $2.39 OXFORD BY Secondary color coded, by ESSEL TE Replacement Labels alpha, 1x1 5/8", 100/pack $2.29 $3.10 OXFORD BY ESSELTE Retractable Ball Point - PAPERMATE ComfortMate Red - fine $0.59 $1.09 Capped Ball Point - Blk, BI PAPERMATE FlexGrip Ultra fine $0.58 $1.39 Retractable Ball Point - PAPERMATE FlexGrio Ultra Blk, BI - fine $0.99 $1.79 PAPERMATE Pencils NO.2 $0.99 $2.79 PAPERMATE Pink Pearl Eraser $0.48 $0.59 Letter,115/8"Wx91/2"H, PENDAFLEX 1/3" cut, assort tab BY ESSEL TE Reinforced Manila File Folder positions, 100/box $10.55 $21.15 PENTEL Super Refill Lead 0.5 mm - fine - 12/tube $0.59 $1.00 White, 1 1/3x4", 14/sheel. AVERY White Laser Labels 1400/box $24.99 $40.78 QUALITY PAC~ Dab-n-Seal Envelope Moistener with adhesive $1.79 $2.40 SANFORD Expo Eraser Dry Erase surfaces $2.55 $3.25 Waterbase Overhead SANFORD vis-a-vis Projector Pen - 12/box $0.95 $1.35 IRP Toner/Developer Cartridge # FO-4700 $106.99 $134.00 RPIE Permanent Marker Fine point $0.48 $1.15 ARPIE Permanent Marker ISuper point - 4 color set $4.99 $7.10 QFFICE-SUPPL Y -COST-COMPARE - PAGE 2 OF 3- 3/9/2005 I?:' -I rot CITY OF MONTICELLO PUBLIC WORKS OFFICE SUPPLY INVENTORY COST COMPARISON _BRAND ITEM DETAILS MAX SUPPLY 13 colors, 37/16x9/16", SMEAD Aloha Labels for Too Tab Filina 1 a/sheet, 568/pack $13.68 $14.25 SONY Microcassette MC-60 Transcription - 60 mini 3pk $3.49 $3.99 STRIDE Quick Fit Slant D-Rina View Binders White, 11x8 1/2", 1" Binder $4.79 $7.66 SWINGLlNE Standard Staples 20/sheet - 210 sheets/box $0.79 $2.49 Blue, 100 receipt sets/book, 2 3/4x7 1/4", TOPS 3 Part Money Receipt Book detached-triplicate $8.29 $11.70 5x8 Canary Tablet - 50 TOPS Jr. Leaal Rule perf sheets/tablet / dozen $7.38 $18.63 700 msg/book - 50 pages, TOPS Voice Messaae Loa Book 8 1/2x8 1/2" $3.19 $4.75 ACME Scissors $2.19 $4.10 TOTALSI $836.86 $1,262.78 COST DIFFERENCE: $425.92 . . OFFICE-SUPPLY -COST-COMPARE . PAGE 3 OF 3. 3/9/2005 I ~ -((09 . PURCHASING POLlCY CITY OF MONTICELLO PurDose: The purchasing policy is designed to provide guidance to city staff involved in the purchasing process by specifying procedures to be followed. Goals: The goals of the purchasing policy are: I. Obtain supplies, equipment and services for the City of Monticello as economically as possible. 2. To purchase items that best suited to the specific needs of the City. 3. To promote fair competition among bidders. 4. To comply with all statutes and regulations of the City, State and Federal government as related to the purchasing of supplies, equipment and services by a municipal entity. Standards for Purchasine: The following guidelines set forth the standards for City employees to follow in purchasing supplies, equipment and services. I. $0-$1 00 . 2. $100-$1000 , ~. (, _ Gtoll $1000-$] 99etl 4. ~ (; Di)1) I $j..Qf'll'JD-$50000 . City employees will be allowed to make purchases of less than $100 without additional staff approval. These items can be purchased on the open market without obtaining price quotes. Employees should make a reasonable effort to obtain supplies as inexpensively as possible. Department heads are responsible for policing the purchasing activities of their employees. When possible, price quotes should be obtained from various vendors, (local or otherwise) for purchases of services or equipment that may be purchased frequently by a department throughout the year. Purchases of specialized items, including supplies and/or equipment not typically stocked by vendors, or for services that are not obtained frequently, price quotes are not required. Purchases over $ 1,000 but less than $10,000 must meet state municipal purchasing requirements typically requiring at least two (2) quotes but does not require City Council approval provided the item was in the budget and approved by the City Administrator. On all purchases that require obtaining bids or quotes, the "State Bids" obtained through the state's cooperative purchasing program is considered to have met this requirement. 4b "of.i-..R..- f ~ ~OuO 1'\Ju..ti' Cc... ~ I~ gil.....~ ~,Ob-o Purchases over $'lD;ell0 must meet state municipal purchasing requirements typically requiring at least two (2) quotes and City Council approval. The quotes shall be kept on file for one year. The Department head shaH make a recommendation to the Council for their action. The City Council does not need to authorize the seeking of quotes but would have to approve the purchase. On al I 13> _110 . 5. $50000 and up Credit Card Policv: . Additional Provisions: purchases that require obtaining bids or quotes, the "State Bids" obtained through the state's cooperative purchasing program is considered to have met this requirement. All purchases over $50,000 require the formal preparation of specifications. Bids must be advertised in the City's official newspaper, publicly opened and approved by Council resolution. Statute requires all contracts to bc awarded to the lowest responsible bidder. Specifications cannot be written to exclude a specific type of equipment or supplies. Proposals and specifications must allow for free competition. Bidding requirements cannot be avoided by splitting a contract into several contracts that are each below the minimum dollar amount requiring bids. If materials or work logically fall into separate contracts, such as for contractors specializing in different work, the City can negotiate the contract individually as long as the individual contracts do not exceed $50,000. On all purchases that require obtaining bids or quotes, the "State Bids" obtained through the state's cooperative purchasing program is considered to have met this requirement. The City of Monticello does not use general credit cards (Visa, Mastercard, American Express) for purchases. Specific storc credit cards (gas stations, hardware stores, etc) may be used for purchases if authorized by the City Council. Currently the City of Monticello has specific store cards with Holiday Station and Ace Hardware. The Holiday Station card is specifically for Fire Department use while the Ace Hardware card may be used by any authorized City employee. Additional vendor credit cards would have to be authorized by the City Council. Upon approval by the City Council of a vendor credit card, a list of City employees who are authorized to make purchases under this card will be submitted to the card location. No personal purchases may be made with any of the approved vendor credit cards. A credit card charge must be signed by the employee and the charge slip submitted to the Finance Department. The Finance Department will match the signed charge slips against the invoice. All charges must have a signed invoice by the person who made the charge in order for the City to pay the bill. For purchases not requiring the bidding process, whenever it is reasonably possible the purchase will be made from local vendors. If the local vendor's quote does not exceed the lowest non-local vendor's quote by more than 5%, the purchase may be made trom the local vendor. . I. 13J11 . . . 2. All purchase orders for capital outlay items must be signed by the City Administrator. Emergency purchases are those made by the Department heads when an immediate purchase is necessary to correct a situation that would adversely affect the life, health or safety of Monticello residents. As much as possible the procedures set forth in this policy should be followed in an emergency situation. However, in an emergency, a Department head may purchase directly any supplies, materials or services needed to alleviate the emergency. o J. Adopted by City Council on .vA \}) ~ c} ~ I~-(l d. . . . Council Agenda - 3/14/05 14. Consideration of authorizinl! the Park Denartment to l!0 ahead with the prenaration of eoneept plans for the Ellison Park bathrooms. (A H) A. REFERENCE AND BACKGROUND: At the last meeting the Council was requested to consider authorizing the preparation of concept plans for the Ellison Park restrooms. The Council tabled the matter as they wanted information on the turnaround time for a new restroom that is constructed of precast concrete that requires minimum maintenance. The order to delivery time is 60 to 90days. An addition to the unit to create a rentable space is being investigated. The Council indicated there were going to visit the existing structure to evaluate the condition of the restrooms. Bid specifications are being prepared at this time. B. ALTERNATIVE ACTIONS: 1. The Council can authorize the preparation of the plans necessary for bidding of the restrooms for Ellison Park. 2. The Council can request additional information. , j. The Council can deny authorization to prepare documents necessary for bidding the Ellison Park restrooms. 11L\ . UPDATE ITEM: Herital!:e Develovment/Silver Svrinl!:s Golf Course AUAR (Citv of Monticello Proiect No. 200S-14C) (WSB) A. REFERENCE AND BACKGROUND: The proposed Heritage Development/Silver Springs Golf Course Project includes development and redevelopment of an 890-acre site into a residential, commercial, and golf course area. This site is located between 1-94 and County Road 39 in the northwestern portion of the future annexation area. As per Minnesota Rules 4410.4400, subpart 14, the proposed magnitude of the development area requires an environmental review, either through an Environmental Impact Statement (EIS) or an Alternative Urban Areawide Review (AUAR). This City is the Responsible Government Unit (RGU) charged with completing the environmental review. At the December 13,2004 City Council meeting, the City reviewed the options related to completing an ElS or an AUAR. Completion of an EIS requires a scoping Environmental Assessment Worksheet (EA W) to be completed first to identify the issues that need to be covered in an EIS. Once these issues are identified, the EIS is completed. There are a number of public review periods for anEIS and the process can take between 10-12 months, or longer, to complete. . The AUAR is a hybrid between the EA Wand EIS process. It can be used as a substitute for an EIS for projects like the Heritage Development/Silver Springs Golf Course Project. The AUAR process usually can be completed within 8-9 months as opposed to the EIS process, which can take 10-12 months. As with an EIS, an AUAR needs to be updated every five years until all the development is approved within the study area. At the Decembcr 13, 2004 City Council meeting, the Council determined that an AUAR would be completed for this project. The process to complete an AUAR includes analyzing different development scenarios to determine the impacts and appropriate mitigation measures as well as to provide flexibility in the environmental review process. It is important to analyze the "worst case scenario" in the event that a very dense development is proposed. Analyzing the "worst case scenario" does not mcan that the City will approve that scenario during the plat approval process. Rather, it outlines the needed mitigation measures that would be required to address the environmental impacts and assists the City in determining the feasibility of the development scenario. The AUAR for this project will analyze the following scenarios: Scenario 1: Existing conditions (provides baseline data) Scenario 2: Comprehensive Plan (based on the current Comprehensive Plan) . 400 acres Golf Course . 170 acres Low Density Residential (510 units) . 280 acres Industrial . 40 acres wetland/open space Scenario 3: Maximum Build (based on the developer's preferred submitted conccpt plan) . 192 acres Golf Course 32 acres Business Park 122 acres Parks/Open Space 598 single-family units 2,182 multi-family units . . . . . ('\/)O('f'.\fF_i<l!.llrY(;R_./.{'/,IOCII.S_f.I<",,',,'.I..,\'!l:\f-.ILIRii"/a/,-.!,'3l.j(jj"I,,. . . . Preparation of the A UAR for the Heritage Development/Silver Springs Golf Course will include analyzing the following major environmental issues on the surrounding area: . Traffic, air, and noise Storm \-vater management Habitat and wetlands Wastewater Water use Erosion and sedimentation Compatibility with current and adjacent land uses Parks/trails Historic/archeological resources Pollutants sources Other environmental issucs identified through this process . . . . . . . . . . The AUAR will include a mitigation plan. The mitigation plan will identify specific measures that will need to be undertaken for each development scenario in order for the project to be constructed. A detailed time line has been developed for the AUAR as well as for the additional utility study and transportation study that is being completed for this project. The transportation study will investigate how much development can occur prior to the construction of a new interchange at Orchard Road. The City Council and Planning Commission will have opportunities to review and comment on the AUAR as the process continues an indicated on the time line. Additionally, the City Council will be authorizing distribution of the draft and final AUAR's as well as adopting the AUAR at the end of the process. There is also opportunity for public comment as pal1 of the AUAR process. B. AL TERNATIVE ACTIONS: I. No action by the City Council is needed at this time. C. STAFF RECOMMENDATION: NA D. SUPPORTING DATA: Detailed timeline (',,!)(J('IJIF--.J1Ij,llrSGR_I('lIUk'.ll.\'.,_/',h-"'l'i.lr;.\ lJ:1/-.-JI_JiI'1''','o'Ic--'i3i,Oj"i" "' l;! ;; - - - - - - - ~ - ~ - - f- 1- ---- -- -- I--f-- -- - -. - - f- ,c - f- -- -- - f-- - - I - - - - - - - - - -. - - ~ - - . - - on ~ ~ on ~ ~ ~ ~ on l;! ~ ~ 0. on l;! a; on ~ ;a on l;! ;a on ~ ;;: "' ~ ;;: ~ ;a on l;! ;a "' ~ 5i on l;! 5i on ~ ~ on ? 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