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City Council Agenda Packet 04-25-1983AGENDA FOR THE MEETING OF THE CITY COUNCIL April 25, 1983 - 7:30 P.M. Mayor: Arve A. Grimsmo Council Members: Fran Fair, Ken Maus, Jack Maxwell, and Dan Blonigen. 1. Call to Order. 2. Approval of the Minutes of the Meeting field on April 11, 1983. 3. Citizens Comments/Petitions, Requests, and Complaint:•. Old Business. 4. Resolution Relating to quality of Service Provided by North Central Public Service. S. Consideration of Constructing a Railroad Crossing on Cedar Street. 6. Consideration of Preliminary Plat of Victoria Square - A PUD - Mike Roher. New Business. 7. Consideration of Grantinq a Conditional Use for Auction Sales - Applicant - Bob Davis. B. Consideration of Granting a Conditional Use for Outside Sales and Storage (U -Haul Trailers) - Applicant - Maus Tire Service. 9. Consideration of Granting a Conditional Use for a Minor Auto Repair Business - Applicant - Pat Townsend. 10. Consideration of a Variance Request for Permanent Banner and Permariont Portable Sign - McDonald's Corporation. 11. Consideration of a Variance Request to Allow for a Pre -Formed Curb - Silver Fox Motel. Reappealed from Planning Commission. 1:. Consideration of Granting a Lic •nm: to Fa:11 3.2 lice: and a 1.1censo to Sell Set-upa to the Monticello Lions. 13. Consideration of Purchasing Software for the Treatment Plant. 14. Department head Reports: YMCA Uotauhad Worker, Senior Citizens Cantor Director, Fire Department Chief, Law Enforcement, Public Works Director, Planning/Zoning, Finance Director, City Adminis- trator. 15, Consideration of Bills for Month of April, 1983. 1` 16. Adjournment. e MINUTES • REGULAR MEETING - MONTICELLO CITY COJNCIL April 11, 1983 - 7:30 P. M. i Members Present: Arve A. Grimsmo, Fran Fair, Dan Blonigen, Ken Maus, Jack Maxwell. 2. Approval of Minutes. A motion was made by Blonigen, seconded by Fair to approve the minutes of the regular meeting field on March 28, 1983 as presented. Voting in favor were Jack Maxwell, Fran Fair, Dan Blonigen and Ken maus. Abstaining was Grimano due to his absence from the last meeting. 4. Consideration of a Petition Requesting Re -Assessment of the 78-1 Improvement Project. Since December, 1982, when a petition was presented rby property owners affected by the 78-1 and 79-1 Improvement Projects ask- ing for re-assoasments of their assessments to a longer period of time, the City Staff along with the bonding consultants, Sprinqstcd, Inc., has reviewed the various alternatives that might be available. The recommendation of the bonding con- sultant and the City Staff would be to take the original principal amount of the 78-1 Improvement Project and act it up on a 10 year assessment roll dating from the original date and then determine what amounts would have boon due during the years 1980 through 1984 based on this 10 year aaaessment roll. Using this procedure, the City would then request that the property owners pay both the principal and interest due under the recalculated figures for a 10 year assessment for the first 4 years and then the City could ro-asooss the balance over the remaining G yearn. Although this proposal has been presented to some of the property owners involved under the 78 project, the biggest problem to date ie that this would still require a substantial payment from each of the property owners if they were entirely delinquent the past three years and if ehoue delinquencies wore not brought CULrent, there would possibly be no benefit to the City in ro-asoosaing to a longer period of time unless Lhave delinquencies wore brought current. The property owners who ware affected by the 78 five year assessment worn present and the following comments ware expressed by these individuals. '�o a Council Minutes - 4/11/83 Kr. Larry flake suggested that another solution would be to have the City amortize Lhe paymenLs on Ut.-- projacL over 20 years but have a balloon after 10 years. lie felt that this would help everybody, including the City, receive some money and also the property owners would have smaller payments due each year and would allow the property owners time to prepare for the lump sum balloon payment due at the end of the 10th year. Jenny Hoglund indicated the the City government should try and help the people affected by this problem rather than working against them and possibly' the City should consider assessing this project over a 15 year term. Iloward Gillham noted that when he first considered platting the property that is now known as Country Club Manor, the City's policy was to assess for Improvements over 20 years and after his platting was approved, the assessments were dropped to 5 years. Ito noted that although he does not currently own the Country Club Manor property, he is involved with the Monticello Country Club which hall a problem in that they cannot afford the large $50,000 assessments. tic felt that it would be in the best interest of the City to work out some type of aelutlen to ti,is assessment inuijium in that 1 nothing would be gained by anybody if the property eventually _J has to default and and up in the City's hands. In the long run, he felt by having all property owners default, it may give a bad imago to the City. proporty owner, Rick bongloy, noted that he has been trying to sell some of his commercial property along liwy 25 South, but that he cannot find a buyer for what he has into the property. Ile noted that he is 2 yeara delinquent at the present time and hopes that the City can work out some type of solution to hall) everybody. Property owner, alike Rehor, who is not affected by the 78 Improvement Project, noted that the economy over the past couple of years has been tough on real estate developers and felt that people do need soma type of lower payments to get them over their current hurdle and felt that in the long run tho City will tow better off if soma sort of ro- assessment can be accomplished. it wall noted by tho City Administrator that if the assessments were to be amortized over a 20 year schedule with a balloon after the 10th yoLr, there would still be no guarantee that the largo balloon payment in the 10th year would be paid all schoduled. If the property owner then bocamo delinquent, the City would still be in a position to wait 3 or more 1 ,y a f Council Minutes - 4/11/83 years before the property would go under tax forfeiture. As a result, he recommended that the City pursue other altern- atives if the property is re -assessed, such as entering into a separate contract with each property owner in regard to assess- ment payments. His reasoning was that then if the property owner did become delinquent after one year, the City could force foreclosure and would not have to wait an additional three years or longer to wait for tax foreclosure. It was also noted that for the City to consider reassessing this project over a longer period than 10 years, the City might be faced with refinancing its.bonds which would cost additional money for the refinancinq and could possibly hurt the City's credit rating. It was the recommendation of the Council that the property cwners affected by the 78-1 Improvement Project get together a proposal under their suggested 20 year amortization schedule with a 10 year balloon and see hua many of the pros -arty own._ru would go along with such a re -assessment policy. It was felt that the people involved should have all tho figures available as to what their delinquency amount would Ie under a revised r:chedule and that the Council would again address this issue at the next Council meeting. i L S. Consideration of Change Orders 091 through q9G for the Waste- water Treatment Plant Construction Project. John Simola, Public works Director, reviewed with the Council the proposed change orders 091 through 096 as follows: 091 - This change involves adding valves to the boiler hot water circulation pumps to balance or restrict the flows to different areas. Total addition coat is $6,601. 092 - Involves replacing the existing air compressor pressure control switch for an additional $812. 093 - Involves changing two smaller impellaro on several of the pumps in the plant. Additional coat is $2,589. 094 - involves adding methane gas piping to the hot water boiler to allow for dual fuel conversion (natural gas and methane) and adding a moisture drain in the methane gas line Cram the digesters to the gas burn off relief device. Tho additional cost is $7,774. 095 - Involves insulating the relief valves on the methane gas system for the installation of additional outlets for hent tapes for an additional $475. - 3 - M ,, Council Agenda - 4/11/83 096 - Involves the installation of an electronic variable speed on one of the smaller raw sewage pumps which first lifts the wastewater from the wet well to the diverter structure. The additional cost is 516,800 (estimate). The total of change orders 091 through 096 is estimated at $35,051. Some concerns were expressed by Council Members over whether some of these change order items were necessary because of design flaws. Mr. Chuck IcPak of Consulting Engineering Firm, OSM, noted that on a project this large, contingencies are built in for the very purpose of providing money for the altera- tions that will be necessary during the actual construction process. During an initial design stage, many of these items cannot be predicted and are not necessarily related to design flaws. A motion was made by Maxwell, seconded by Blonigen and unanimously carried to approve Change Orders 091 through 096 as presented with Blonigen noting that he seconded the motion only because the City has no other choice at this point in the construction. 6. Consideration of Change Order 02 for the 82-2 Imnrovemunt Proicet. As part of the 62-2 improvement Project to serve Meatiow tu,: suy- division, the City Council agreed at the time the siil,,livision was W approved to assume some of the additional %ori; proposu,I within the subdivision as part of the City's improvement contract with Richard i0mtson, Inc. The estimated construction cost was placed at approximately $76,000. A change order was negotiated by the City P.ngincer with the contractor, Richard Krwtoon, Inc. for the following additional work. 1. Streets, entrance, parking lot, wa tor, utorm and sanitary sewer in a manufactured model home area. 2. Filling over water main just cast of Cty Rd. 16. 3. One right turn lane for the manufactured model home area and one right turn lane for the executive hone area. After renegotiating prices, and reducing the amount of fill over the water main by lowering the pipe, the recommended change order 02 would amount to $97,794.60. OE this amount, $15,692.50 was the amount needed to construct thio two right turn lanae. The $76,000 estimate for this additional work which the City agreed to assume did not include any amounts for right turn lance which have later been required by the Departmant of Transportation. The amount of the chancjo order without the right turn lance would be $81,902.10. �4 J J J Council Minutes - 4/11/83 The Council discussed whether the developers of the Meadow Oak Subdivision should be responsible for the right turn lanes as the City did not originially agree to include these improve- ments as part of its contract. As a result of the discussion, a motion was made by Fair, seconded by Maus to approve change order h2 on the 82-2 Improve- ment Project with Richard Knutson, Inc. in the amount of $81,902.10 for the additional work within the subdivision without the right turn lanes as part of the contract. Voting in favor were Grimsmo, Fair, Maus, and Maxwell. Opposed was Blonigen since this amount was :Mill over the estimated $7G,000 price. It was noted that the cost of installing the right turn lanes should be borne by the developers at their expense. Public works Director, John Simola, again reviewed with the Council the potential problems that may be expected in the Meadow Oak Subdivision with poor quality water. He noted that recent tests on city water show a very small chlorine residue in the Oakwood Industrial Park and when the water zeachos the Meadow Oak Subdivision, most of the chlorine will no longer W in the water and also the water euuld have iron and magnesium separation. In light of this an- ._ ticipated poor water quality, Mr. Simola requested that the Council approve installing 3 extra valves and approximately 40 feet of 12 inch water main as part of the construction project into tho entrance of the proposed park property at the west entrance of the Meadow Oak Subdivision. The osti- mated cost of this additional piping and valves was placed at $3,300 and if installed now, this service would be available in the future should the City determine if necessary to install chlorine treatment facilities for the Meadow Oak EUbdivision. It was noted that if a chlorine installation facility is not constructed, those additional valves and water main could be used within the park land for sprinkling or providing water services. A motion was made by Maus, seconded by Fair and unanimously carried to authorize the contractor as part of the 82-2 Projoct to install three extra valves and approximately 40 feet of 12 inch water main as extra quantities booed on tho bid price in the contract. ' 7. Consideration of a Joint Power Agroement Eatnbliahing a Cable Communication's Commission. Recently, an Ad Hoc Committee with representatives from the Cities of Elk River, Big 18 ku, Buffalo and Monticello selected Attorney Tom Creighton, to draft a Joint mowers Agreement for -5-0-.2 Council MinuLes - 0/11/83 establishing a eablr_ communication's commission. A Joint Powers '- Agreement has been prepared whereby 11 communities would be eligible to join the commission for the purpose of being the decision making body for establishing a cable communication's system within these communities. The intent of the commission would be to have Mr. Creighton as its attorney draft ordinances and regulations in regard to the future granting of a franchise for cable T.V. The initial contribution to fund the attorney's fees was proposed to be based on the size of each community's potential dwelling units. If the City of Monticello would join this Joint Pacers Commission, it is anticipated that its share of the cost would be approximately $2,000. Although the entire $2,000 has not been committed, this would be the City's share at the present time. Discussion by the Council concerned whether there had actually Mon an interest by the City residents for cable television and it was noted that before any franchise would be given to a corp- oration, numerous studies would be completed to determine if there is an interest. A motion was made by Fair, seconded by Maxwell authorizing the CiLy Lu m,Lc auto - Zolnt "ars '.yrccm.cnl. the Cable Communications Commission and appoint City Administrator, Tum Cidum, as the City's representative on this commission. Voting in favor was everybody but Blonigen. 8. Report by the Oakwood Block Sub -Committee. City Administrator, Tom eidem, informed the Council that Security Federal Savings b loan had made a new offer for one-half of the Oakwood Block at ono -half of the City's asking price. It was also noted by Security Federal that if this was not ouitabla by the City, Security Federal would, if necessary, purchase the entire block for the City's original asking price of $300,000. The City Administrator also noted that another offer for half of the Oakwood Block had been received from the owner of the Bon Franklin Store. The Council discussed whether the entire block should be sold as one parcel to eliminate the nood of working with two individual parties on the development of the block. It was the conconsuo of the Council to inform Security Fodaral that the City would sell the property for $300,000 for the entire block and requested that Security Fodoral prepare a purchase agrooment for this amount if they aro interested with the understanding that all of the property would be paid for within 60 dayo. Lei Council Minutes - 4/11/83 ` 9. Consideration of Authorizinq the Preparation of Plans and Speci- fications for the Gould Brothers CT,crlay. Public Works Director, John Simola, requested that the Council authorize the Public Works Department to prupare plans and specifications for a one-lialf to two inch overlay and regravel- ing of the shoulders for the service road from Ilwy 25 to Gould Brothers Chevrolet. The estimated cost of the project is approximately $17,000. A motion was made by Blonigen, seconded by Maxwell and unani- mously carried to authorize the Public Works Director to pre- pare plans and specifications for the Council's review. 30. Consideration of an Application for a 3.2 Beer On -Sale License Softball league by Monticello Jaycees. The Monticello Jaycees requested a 3.2 beer license for the summer months to be able to sell beer for the Softball League. A motion was made by Fair, seconded by Blonigen and unanimously carried to approve the issuance of a 3.2 beer license for the summer months to the Monticello Jaycees at the softball park contingent upon proper surety bonds and insurance coverage. 11. Consideration of Renewing Garbage Contract - Corrow Sanitation. Corrow Sanitation recently requested that the City consider extending its current garbage contract for an additional three years. Previous negotiations were held and it was decided that the City would prepare plans and specifications for rebidding garbage contract sometime during the summer of 83. Since that time, Corrow Sanitation has indicated a will- ingncso to extend the contract for an additional three years effective August 1, 1983 at a price of 54,260 per month, which is a $500 Pur month inereaue over the present contract. The present contract has been in effect wince August 1, 1980 and it was felt by the Council that Chiu wau a iair increase and would avoid going through the bidding process. As a result, a motion was made by Blonigen, seconded by Maxwell and unani- mously carried to authorizo the City Administrator to prepare a now contract oxtondi.ng tho current garbage contract with Corrow Sanitation through August. lot, 1986, at a monthly price of $4,260 par month for tho 36 month term. meeting Adjourned. T Rick Wolfatollor Assistant Administrator 7 - 7 - Council Agenda - 4/25/03 C AGENDA SUPPLEMENT 4. Resolution Relatinq to Quality of Service Provided by North Central Public Service. (T.E.). At the last meeting there was some discussion about requesting North Central Public Service, the natural gas supplier, to install an B00 number so that customers whowere put on hold and charged long distance fees could now call free of charge. As we discussed it, it became more apparent that there more shortcomings from much of the service that North Central was providing or at least we were receiving comments that the service was poor. Thus, I have drafted this resolution to be sent to North Central to its parent company, Donovan Corporation, and to the two appropriate State agencies. I talked with the State agencies and they said they would very much like to receive copies of that resolution so that should the problems expand they have been included with the complaints right from the very beginning. All that is re- quired is a motion and second to adopt the attached resolution. REFERENCES: A copy of the proposed resolution. I RESOLUTION 1983 - N RESOLUTION RELATING TO THE QUALITY OF SERVICE PROVIDED BY NORTH CENTRAL PUBLIC SERVICE COMPANY WHEREAS, the City of Monticello has adopted an ordinance granting unto North Central Public Service Company a franchise for operating a gas distributing system; and, WHEREAS, at the time of adoption of said franchise, said adoption was deemed to be in the best interest of the City; and, WHEREAS, the best interest of the City and its residents is still of primary concern to the City Council; and, WHEREAS, members of the City Council and City Staff report receiving an increasing number of complaints related to customer service of North Central Public Service Company; and, WHEREAS, as grantor of the aforementioned franchise, it is reasonable for the City Council to expect that scrvicu to its residents be responsible and courteous. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THI: CITY OF FONTICELLO THAT: 1. That North Central Public Service Company be notified that the City Council of Monticello is concerned over the in- creasing number of reports of discourteous and uncooperative reoponses to requests for customer service. 2. North Central Public Service Company be requested to review ito customer service policies in order to promote courteous and cooperative service. 3. North Central Public Service Company be requested, and strongly urged, to install a toll-free colophons lino for the benefit of its eustomors residing outside its telephone service area. 4. The City Administrator submit copies of this resolution to North Central Public Service Company, Donovan Companies, Inc., the Utilitlos Division of the Department of Public Service, and the Minnesota Public Utilities Commisaion. Adopted this 25th day of April, 1983. Pu've A. Crimamo, Mayor ATTEST: -WI— Thomas A. Eldem z City Administrator H Council Agenda - 4/25/83 5. Consideration of Constructing a Railroad Crossing at Cedar Street. (J.S.) The City of Monticello has obtained an easement from the Burling- ton Northern Railroad to open Cedar Street. John Badalich has negotiated an 80 foot wide easement for a cost of $500. The BNR has also agreed to John's request for simple crossing rather than signal lights. The BNR has requested $2,250 for installation of the flange rails, new ties and crossing signs with stop signs. City crews would perform the necessary drainage work and tree, brush and barricade removal. The remaining work in the roadway would involve the grading, Class V and paving. The BNR has set such high insurance limits for contractors that it would be beat to have Richard Knutson do the paving as he already has this insurance. The pavement would be 36 feet wide with 2 font shoulders. We would only pave 123 feat of roadway at this time and taper it to 30 feet in width to match the gravel on Cedar Street. This would allow us to pave Cedar Street at a later date without entering the BNR property at all. The tollowing is an estimate of the coats. Easement from BNR r 500 Crossing, sign work, BNR 2,250 Class V and paving, Knutson 7,200 TOTAL $9,950 I would recommend that we do thin portion as soon as possible and budget for upgrading Cedar Street next year. REPERENCESe Eaoomont with Burlington Northern Railroad, letter from John Badalich of April 19, 1981, and plans showing in detail the railroad crossing. - 2 - ORR-SCHELEN:MONO AWCUIT &INC1 Division of Kidde Consultenti, Inc. Adril 19. 19113 u !•r. Tltmm&a A. Fidem, AC!oini9trator Ciry of Monticelk, 7SO YAnt 11roadwAy o annticnlin, M11 5'i'347 !rr.: CPri-r Strept Rattrowl Crnvain.j nape F'r. rl.'7ea '. I•:n finally soccenrlan in obtaining nn vasc••,nnt from the hurlinyton Nnrrhnrr FAilrrrtae tar ct public, raitrean crt,asinb Pt CGnar street. several wePl'n aqn, I !,(•;jr-n telkinl with lsr:'r.k personnel in tho rstrrrintent4-nt1s eifice in stinn.)A, alis, an;, 1 racuived a cunntruction an*' ar?"tpnancr e.;rcow,,!nt t,?rtdy to ha rn.ct•cuto.t by tits t:iiy. C,) -qt -7 to ha harm- +n; the C ft.y tat: work cranes t7Y tisr roilrGAr. Ar,nunt to SSW' snr thy rnm4wa-, rllrtv•p.,Fl onnerwint, Ann epjwoxinAtOA j '.i.'L.twu toe thoJr we-rl, in furniRhin, anti MAcint, n3%, tjJ v, ilAnyu rail. cr-0:5sri1; ' r,-1-;nF, .�.rni.- r.i�rr-,: rh&=:,.igc�Liiacdv:�catrr.�r.�hJa+•QAC,rsnnpr�v�.Nrt,t�-ccta�urt�ooasu� At>lv +,ntnc,Jtt. t•nr nPr_PA#er'y conatrortien i:y Cit;, p, r,.lann.-1, t trnuicl r.-co,!m.4till that { city r-reW4 do th,3 r.l,ttrin..� anu t.rL1,111toj ot. nt'UHh 11110 ):ef',wVl. 1+.4rti.:dt,s anti nthrr I,hnt Aclnn. i:n CAI) tnMn 0M.InN-j6, rh. fientted „dk Ct.htl'Autor r Clrr<jert ,+2-;e1 for the, necwsvary rnomwA,v work on a t1nan,to orAcr .1r 1 rtir"t s:ayment t•Asim. Th., n2-2 cnntrar,tor Alrunny has th.1 nsye,rrl..r� rai.tc+sy Isrpr.rctivv ita7sility t^nlicy, i 7 ' tt i9 gn1,P!tt•.i thAt.. tens 'Qt ttor rut hroujht tirforc tt:u Cuunt.-Il Jnr, [ ° +:nrnvnt At tt-r ne+x!% rtc,tulor mom ina. enclty'+un .ore two eu1,i-6 ut My A0rrf"."."t And m rttjV of 0441-'„ 1-ttl.,r to mw. 71 ynil inve evil. tiswi+tt!tns i.n thib rk.jara. i,ionno wive I,,o 6 call, c a '1 Yours very truly. a � Ia,s:_uCt,t•trv..MAvFitt.:: 1,?hn N. ,lA,1Al1 ch • P. 1 . 7 +'ity c'n�innt>r ,lultsnih 1 ne-InA lrom cc .1n! -,n sim..lA, P, 041 .10rhw Iirwrr-, 1 ARURUNGTON NORTHERN Mr. John P. Badaiich, F.E. City Engineer City of Monticello 2021 East Hennepin Avenue Suite 238 Minneapolis, MN 55413 Dear Mr: Badalich: Twin Cities Region 176 East Fifth Street St. Paul, Minnesota 55101 April 15, I983 Attached are two copies of agreement covering the reestablishment of the public crossing of our track and right-of-way on Cedar Street in Monticello, Minnesota. Both copies of the agreement have been executed by the Burlington Northern and upon completion of similar action by the City would you rleme -eturn to 'P.2ilrca. %;Y" to Ca.. Sincerely, R. G, Annala Chief Engineer B.: t. Johnson BLJ/ufd0429,24 cc: sir. Robert G. Swanson Minn. 001 File: Monticello - 15 �-YX64 1953 r� f MONTICELLO, MINNESOTA CONSTRUCTION AND MAINTENANCE AGREEMENT CEDAR STREET M.P. 35.116 L.S. 202 AGREEMENT, made this day of , 19 between the City of K3nticello, a municipal corporation of the State of Minnesota, hereinafter called the "CITY" and BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware Corporation, hereinafter called the "RAILROAD"; WITNESSETH: WHEREAS, in the interest of aiding motor vehicle traffic, the City proposes to reestablish Cedar Street, over and across Railroad's right of way and track at Railroad Milepost ';5.116 on Railroad's, Minnesota 10th Subdivision located in Section ll, Township 141 North, Range 25 West, In Monticello, i Minnesota; and a�rx� WHEREAS, in connection with said highway construction, the City Is desirous of acquiring q g a permanent easement for encroachment an Railroad's right i J of way, is shown on Exhibit "A dttdched hereto and by this reference made a part he'r'eof ; and WHEREAS, the parties hure>tn desire the said project to he constructed in accordance with pians and specifications to be prepared by the City; and WHEREAS, in connection with said project, it will bo necessary for the Railroad to perform certain wurk on its facilities; and WHEREAS, City is willing to undertake the construction of said „roj,rt with available funds and Railroad is willing to consent to the P- v'ution of City's project upon the: terms and conditions herein stated and not. Lh, r- ., I so NOW, THERIFOKi:, in con�,ideratiun of the premises and the mutual deprrr>,.rt promises hereinafter contained, tiro parties agree as follows: i 1 The Railroad will grant to the City for and In consideration of tho sun ut rr�r Hundred Doilars (5500.011) by separate instrument, an easement for roadway purposes only, upon and across that portion of Its right of way as shown outlined green on said Exhibit "A" The Railroad hereby grants to City the right to enter Its right of J way as 1,14,wt otAllned green on Exhibit "A". City shall submit to Railroad prior to the commencement of any 1 work hereunder plans and specifications of the work to be done on Railroad's right of way. No work pursuant to said plans and specifications will be commenced an Railroad's right of way before notice to proceed is given by Railroad's Chief Engineer to City. Nothing provided in this agreement with respect to said plans and specifications shall be construed or deemed to he a ratification or an adoption by Railroad of said plans and specifications as its own. The City and Railrodd shall perform the various items of work as follows: A. WORK TO BE PERFORMED AND MATERIALS TO BE FURNISHED BY THE CITY OR ITS rONTRACTOR AT CiTY EXPENSE: 1. Except ae otherwito herein provided, furnish all plans, engineerinq, supervision, labor, material, supplies and equipment necessary for construction of the project, complete in all details. 2. Remove trees and brush for Improved sight distances. 3. Remove barricades. 4. Provide nerr,ssary drainage. S. Prepare roadbed and plane bituminous material. 6. Perform all work not %pet 1firally mentioned ds w)rk to he performed by the Railroad necessary to complete the project in accordance with plan% and sperifiedtions. B. W'1 -K TO BE PERFORMED AND MATFRIAIS in BE FtIRNISHID BY RAiLROAD AT CITY 11PINSE: I. F'rovlde fldyglny IS dr14110 neres•.ary aeeount opPrdl tuns of the City or it, iontrdttor. ?. Plate 21 NY. S ere. 14-. Install 2 highway irossiml Styr with stop signs aiti he,1. 4. Place 40 T.F, flaogo rail. D " lV The current estimated cost of the various items of work, except flagging and other protective services and devices, to be performed by Railroad under this agreement is shown on the estimate attached hereto and marked Exhibit "B", and by this reference made a part hereof. Railroad will submit progress bills to City on the basis of the estimated percentage of completion of the various cost reimbursable items detailed on Exhibit "B". Final bill will be on the basis of actual cost ascertained in accordance with the provisions of FHPM 1-4-3 and other pertinent instructions issued by the Federal Highway Administration, Department of Transportation. If Railroad enters into a contract or agreement with a contractor to perform any of the work which Railroad is required to perform under the terms of this agreement by reason of the construction of the City's project Railroad, for itself, its assigns and successors in interest, agrees that it will not discriminate in the choice of contractors and will include all the non-discrimination provisions set forth In Exhibit "C", attached hereto and by this reference made a part hereof, in any such contract or agreement. v Ail work provided to be done by City or its contractor on Railroad's right of way or in the vicinity of Railroad's tracks shall be done in a manner satisfactory to Railroad and shall be performed at such time and in such manner as not to interfere unnecessarily with the movenent of trains or traffic upon the tracks of Rallruad. City will require its contractor to use all care and precaution necessary to avoid accident or damage to. or interfereen%�e with. Railroad's tracks or trains and to notify Railroad a sufficient time is advance wher,weer the Gontrdctur 6 about to perform work on or adjacent to Railroad's right of way and tracks to enable! Railroad to furnish fldelging and %uch other protective services and devices ds in Railroad's judginrnt may he neces,ary to insure safety of Rdilroad operation. Mierever safequardinq of trains or traffic of Railroad is rt;nt coned in this agreimont, It is intended to cover and include all u,ers M Railroad's tracks hdvinq permib%ion fur such use. Railroad shall give oral notice to City in advance, of the eiaployment of flagmen and the use of protective services and devices, and the need therefore; and said City will then issue a written order for the fiageaen and protective services and devices required by the Railroad. D r City will, reimburse Rail road, directl.y4or�all ,costs, incurred for flagging'and other 'pr t'i`ct;ive services -and.idevices furnished ;i'n accordance with sold orders.:_,`Biifs for.'said�costs ,for flagging and other protective serv.icgs:and dev_ices,ascertained;in;accordance, with, the proiiisfons of FHPM, 6'=6-2=1 and FHPM.1-4-3,:and other,pertineni instructloris issued, by, -the ¢gderal Higheay,AMin istiatIon, Department of Transportation.; wi1T be submitted by Railroad currently during progress: of the'work,contedplated'by t0lt.,agreenent and City -shall.' pay,such,bi,.l.ls. Rai road wi1L subm,iticamplete L1jl;�ing for flagging and other `protectAve-seiv;ices• arid: devices_; wtthir► ,one ;nnrtdred twenty (.120) days after completion of/ the-' project; provAded1 City, a'd'vises Railroad of the commencement of the one hundred twenty (120) day'; '.`.period by notifying Railroad of completion of the project, Attdched hereto; marked F.xhihit "0" and by this reference made a dart hereof, is a statement of conditions when flagmen and other protective services and devices will be furnished by Railroad. III All contracts between the City and its contractor for either the construction herein provided for or maintenance wort'on the hlghway within` crossing areas described herein or shown on the exhibits attached hereto. shall require the contractor to protect and hold harmless the Railroad and any other railroad company occupying or using the Railroad's right of way oe L '-.Tine of railroad agatnsi all lose, 11.abI1-fty .and .d'aoage arising .from -act Iv itle,, of the 'contrdr, tor. , its, forces�or any - of it s,subcont_ractors er•' •agents; and shall further provide thaU ch�'contraetor shall: 1. Furnish to, the Rallroad Cdinpiny:a _R"�iilrnad Protect iv,i!. ' pot icy in 'the, fonn, pr60(fi�d, by F104 '6-6-2=2. The comhined' 'sIngte limitof said. policy; shall notbe, less .than' Two( �T Mii•lion Dollars (•$2,060,000) for.,al,l ildmage_s, arising out of bodily,injuries to or e'ath,oE;any person ur persons and'for a,ll daioiges arl'stng out,, `'bf the 1,�ss ur destruction�ofs,or'.injuryor-`damage 1 to property tin any oo�'oCcurrence, and; subject, to ; that limit a total (or" agrregate.)"'lifiit Of not desti 1, than gift -MI 1,, ion, Reilid,s �i6,000;Of.V) fur ell dandges ar)sing out of bodily injuries to or death of ,any person or persons and for all damages arising out. 'I of the loss or destruction of or injury or damage to property during the policy perlwif Said Insurance policy executed by a corporation qualified to write the same in the State to which the work Is to be + ' performed shall be in the form and substance sati,,a factory to the Railroad Company shall be delivere' to and approved by the Railroad Company prior to entry upon or use of Its property by the Contracto-, C_ Carry regular Contractor's Public Lidbitity and Property Damage Insurance as specified in FHPM 6-6-2-2 providing for a I imit of not less than Five Hundred Thousand Dollars ($500,000) for all damages arising out of bodily injuries to or death of one person, and subject to that limit fur each person, a total limit of not less than One Million %I ldrs (SI,000,000) for all damages arising out of bodily injuries to or death of two or more persons in any one accident; and providing for a limit of not less than Five Hundred Thousand Dollars (5500,000) for all damages to or destruction of property in any one accident and subject to that limit of total (or aggregate) I imit of not less than One Mil I Ion Dollars ($1,000,000) fur all damages to or destruction of property during the policy period. A certified copy of the policy providing said Contractor's Public Liability end Proprlrty Damage Insurance, executed by a corporation qualified to write the sane in the State in which the work is to be performed, inform and substance satisfactory to the Railroad shall he delivered to and approved by the Railroad prior to the entry upon or use of the Railroad's property by the contractor. If the City, its contractor, subcontrar.tors or agents, in the �formance of the work herein provided for or by the failure to do or perform anything for which it is responsible under the provisions hereof, shall damage or destroy any property of the Railroad, such damages or destruct ion shall be corrected by the City in the event its contractor or the insurance carriers fall to repair or restore the same. VII Upon completion of the project, the City at its sole cost and expense. shall mdintain all improvements, other dppurtenanees, advance warning signs and standard pdve.+nent markings with the exception of the crossing which will 1,e maintained by the Rdilroad dud the City ds provided by law. Vill r In Cd- said highway shall at. dny time cedsr! to be used d!, d puhr, li Cil or shell by operation of law hertune vacated or abandoned, the rights and benefits to the City under this agreement shall irmnedlately reale dna the Railroad shall be entitled to re;v,ssess the land to which it has CxeCUItCd eds,4PentS and permlts to the Clly dna to use the sane inerearlor ds If this agreonent hdei never been executM, without the necessity of any further legal prdreerlingS. Il. this agreement shall inure to the benefit of and be binding upon the parties hereto, their successors and assigns. G.� BUAL1NmON NORTHERN RAILROAO COMPANY I I A, F,.-11. nEiA1LE0-ESTiMAIE j 1 'Sheet I of ,I Sheets LINE SEGMENT. 262 MONT,ICELt n, MINNESOTA - Pidce 40 1f i Idngc rdfl for b Euninous eross'Ing @ MP 35. 116. l -LABOR- MATERIAL. TOTAL, 11 Charge Account 709 - Accrued Accounts Rut't.lvabie Construction Expenditures Reimbursable Engineering - Preliminary 50 ConstrtKt i on ISO Replace 21 ea Ni. 5 eru!.s ties BI 343 126 oa t.rack spil,(.s 5/N"ib" 32 94 en rail aat:hors 91)9 74 Pla- 431 T.F. fl,tngo rar 1 311) `d} i.,r. iCli tall Scrap ItT 16 ra rail eh„ir% t}II! `Ill In ri Lrd r •.pits•. `.illi,. iti. d 1115t.11l :. ea W. of crosf.iu.. :,igns w/stop Styles hO ? ca No. of cr'ossinn ; igns 87 2 ea N5 . 64 s hens 31" 45 Act nuitt i tit) 50 Iquipment Rontal 179 Ou"iness Expense 41 Lahor Additive% 141 Tr,m%portat ion 7 ' Mstcrlal additives 17 Fi Ntgnt 11 :Iat,iIity iit, urant'. 7h N''_-,•�- I l tit illtll'llc ii:', _ «61.-_� 1 - _ _ =TOTAL ACr. )UST- 70i3 t.°ti1(I -1.109 rtilrgt• At_count 761 - Other laxas Accrued Stdte tdr 41 TOIAi ACCnvNT 761 IIIIAL 0O',1 Ill LILY I. IOU 1,1fill l� 1 NOTE: t10})Y. By City � ' 111, I. Rvalove bdrrle.wies i'r'e•, .1rt� r,+adhrd drp,l Iit it r hil,rnh; nr, nldtrr•t.tl Rev iWt frets ti bri t',4 in ilaatiran I tilt' '-Ite dill dtir M+ t 4, 'ro�ide oeCcssary dlalndip- Ima6,I? EXHIBIT "B" Apll:til)lx A Non-Ut,crlmlnatlon Provtsions of Title v1 of the Civil Rights Act of 1464. Durlug; the pertort%i nce of tuts centrad, th, contractor. for itself. it•: ossignees and ::urces-ors in lnterr:•t (hereJnaftcr ref,rrcd to as the "contractor"), agrees as fano,•.: (1) t'at.jslI %nre with itrp•s1_.,: tax_: The Contractor will reality with the Hegulat.tonn pi thv I•.p•trti roti. It cr.ur.porrntton relative to nondlo-c.riminatton In federally as•.1•r.rd propran•, of rhe fieparrmeur. of Transportation (Title. 49, Code of l•cderal ltrgulattan, Part 21, heretnaf.t.:r referred to as the Regulations), which are heroin tneorporALed by reference and imide a part of this contract. (?) IlottdlfrrlminttJrtrt: Th,- contractor, with regard to the work performed by it alter avid and prior to completion of the contract work, will not discriminate on the 1;ro,md of race, color, or nnttonal origin in the selection and rvtentfnn of culet,:tttoctor:, including; procurements of ntteriats And leaves Of egntpr„nt. •ih,• contractor will not pnrticil+ate rithir directly or Indirectly in the di•crImInc,tion prohibited by !;eetion 21.5 of the h'egula- tions, lncludtttF e..flovw,••it practices when the contract covers a program set forth in App,;ndf, ": ", "g" and t'C". (3) %olicit,itt ri ter tiulerintrteia�. Includinr, prortiretmyu_t : of_Nater_ials 'nd „d CW$tions vttL.r by cnt.t„tttive blddtug ur 11.1gol144tton node lac the contractor ter uork to be performed under a subcontract. incicdine, proeureinints of ,.,Ieildla or sgaiprs•ent, eneh potential bwbranttaetur or supplf,•r :.h,11 ba ,tut it ta=d by the eontr.,et-tir of the eontractorib ot.ltgstien:. under tl,t:, rontr'irt and Elio Lcgul ttton, relative to nondistritnln,tlon on the Ftout,a of nice, color or nr,tional orit;fn. {�} Nf ~:i.,,, na Car+ : The contractor t:fil provide all inform -,tion and reputt•, t,•gtsir�d ,h. ,.r„u1,ctonn, or oid,vs and instructions t•.sucd purse=int tt.,•reto, .,.,: .ill p,ra.lt aC.c:.s to Its books, record,, ACtounts, other ocurces of ii.fjr:.-.tinsi, and its ia:llrt.fera a3 r.ay be dctera{ned by the tate M hv,v lis r,rrnu„u or rhe Peet.+t Itt.;llr.Iv A,iminlbrrartnn •e h,, r rt- itsent to ..--cert-tin t,.,.; tc;,..e with :ugh g,,yt,,ttdn:., vrder, and ln,tructic.t•.. Whorc say lnforr. •., i r,gt,lt,d Id a tontractor It in the exclusive pusses• '.on of another who f.•rt• or retnt-cs to turnish this, infnrr.ition, the contractor shall so e.rtlfv It 0... AIL&: lagh, ty hepattm,•nt, or tits ledclal tfiphwuiy AdmirJstr•ottort a-, alitrcptt.tLe, and ,.hail :.Lt forth etat efforts it has mtde to ohtain tLe lnfwtt,etoa. (S} �anctlnns ISr tlanrarj•!I Int, -: in th•+ event of the contraetoris nonrorr,plinnco t,lth the nondl%ert,,tnatIon provisions of this contract, the atntu Itiftlwny Department shall in.pO•.e such contract ioncttone. As it or the Vederai IlJphway Adoilnistrotlon may detcrmtne to be appropriate, ineiudinn but not limited to. (a) wf iliholdinp, of pa+•tntnta to the contractor under the contract until thecontractor tunplte:., and/or (b) cioccllatlon, termination or suspension of the contract, in whole or in part. i .-rrpanition of ArI.lstnnat The contractor will Include the provtstnn, nt } rapt, TO tt,rul., Ii%(1 in Ivory rani s.o,str.sit, int litdinf. proct,rem••nt, sit tmlael,l•. ,sod Iia•.•, 41 eclAvn, •1!:.'ntir• exrapt Ly the j R_ulatImIl , order, .'r tt at rtict io-v. t.! r. d p.n,u.,ut ti—etc.. y The co- rot f or will t.ii'e i nth n. t l0i w111, r., 1'.:t to ,uv :d„ Intr,,r• ur prururtm..nf ,tt, the 501ta 1111,11 t • ti,p.,tt' .ut or to i•e,f tit Usti .,t 1c.mint=Irall,n rev d.tcct as a mean:. at entarcivir .u.h III,' .It.ir tucl„ff, tastIt.n• !rot nsncorpti,tire: provided, however, thlt. it it i,�n: 1".01 ,,, . I,a,•1vvJ tot, u, 1-, ,fireato.sol with, llt:i'ifto. VI t, ran: r.._... 1•,ti .tr, t ,r.»Jr ui .,h Jfrrction, lite tuutt'..tt it MA J I'qu.at Iter .,0LI 1n ,nt,t Into ►.Ith titlg;ation to protect the lnternat•. Of the : tat. , IiIJ int adlitlsa.. the toute.•ctnr a,nv requdst fano United 5t"te' to enter int. %uc.t lilt, ,I loot to protect the luttri.%ts of the Unittd Statin. EXHIA ' ..... a STATEMENf'OF CONDITIONS WHFN FLAMEN. PROTECTIVE SERVICES AND IIEVICES WILL RE FURNISHED BY THE RAILROAD Railroad flagmen, protective services and devices wall be furnished but not limited thereto for the following conditions: (11 .then in the opinion of the Railroad. protection is necessary to safe- guard the Railroad's trains, engines, facilities and property. ;2) When any work is performed over, under, or in close proximity to tracks or any Railroad facilities. f) When work in any way interferes with the operation of trains at usual speeds or threatens, d vnages, or endangers track or Railroad facilities. When any hazard is presented to Railroad communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. ;5) Wlirre or when material is beinq hauled across tracks. Special clearanr.e Must be obtained from the Railroad before moving heavy or cumbersome objr-'CCS and equiinnent which might result in makinq the track impassable. COST OF FLAGf.11.,G AND OTHER PRUTEM7C SFRVICM ANiI nrvius (d) WJ-110 VLASSIF'ICAil.lit HA E PAY HEADQitt,RTERS 3 Sec trod mart -/l'o. BB Lynda/� Z %0If la) A full flagetiriq t.r,'x ijen.:rally ronsists of three men. Under certain conditions mire than three .non may be r.lquirol or a lesser number may he sufficient. additional personnel, ,urh as communications linemen and/or signal.nen may tic, used to protect tumnunications and signal ficilities, if &.hied necessary by the Caiiruari. ih; the Classificati,m is show,i solely for the prospective bidder+s iMarmation, a=.,! there is no guarantee that the above classes of labor 0111 dctually Oe ..sed or that the rates of pay shown in column (u) will be tt.use in effect at the tine the work is undertaken. V ws base pay rate per man per hour for normal eight-hour shift in effect costs tur travel per employee troin headquarters to job site and +tt t n is S 1k. Oa Pei' round trip. '`The estimated daily cost for 1 eras; and oLhef aituniuodatiun is Saprgsi.1",Jfper employee. 1,. ,rd,' -;tion, protective dovices, such as rruSSioq sifinais, indicators, U,IIt urs, lights, telephonp, etc,, may be required. In this connection tvlitall'. may by installed by the Railroad, at its option, as acondition J its a;,proval of any proposN restrictions of vertical clearance duras) construction to Loss than ;'-I/:' feet. If . It shall to the d.ity dud iv,ponvibiIity .if the 6_ �{ and it. contr'art.ir tU 1,41Iry'dif. "1leruxf siSfvtsi..ii ;up,rinTonf�nt at least lurty-eight (48) Lours in '!+ante of when flagmen or other protective serviees and devices are ;,1rpN. lu all Air- lahor .osts. there shall be additional charges for Vacation ;,I crani liedliu end Welfare, Railroad Retirement and Unemployment Taxes, putilic liability, Praperty, 8amacle and Workmen's Compensation Insurance; and ocounting and billing. For estimatingpurposes only, these additives . ,l tat.vuly may be toni.1derrd as approximating 4(8;-41( Ill of direct labor EXHi91T "Dim V. IS r ING z FLANG- RAILS 4T rP, r."TJ P, + THE ARr-h PF4EC% ;-iE r:?4CKS •LL 2 '�HOULDEP 'a PP S,ir, LL-, E"Tii r-#IUVINQL;S 1. ,Fz,1rh" Or (Ex'OTI.G! C". T I tic n I 2!z V 7 Gf. Council Njenda - 4/25/63 u. Additional Information - Victoria Square - Mik„ Reher. As noted in the nuplllernerl, I Wliove Mr. Reher will to asking the City Council for pt'rni!;aion to Start some Maki homes in his townhouse development if the }preliminary plat in approved as prosented. Although the PUD ordinances do allow for model home conutruction IwAorc a final plat is approve,l, i lvliev,• the Council Snoulu ,who Mi. Robve i.ara or .!:c s,. 'W4•:isio^ fees and the park dedication ice,, that will be required before t:no final plat can t,i signed. At thin point, Cho sislriivision feu, for the consulting planner and the consulting engineer amount to al+prar!matcly $3,500 to $4,000 and the park dedication fees baurd on 10• of the market value of the property could tv in excess of $12,0OU. One of my con - corns is that if Mr. Raher is allowed to start a model townhouse construction lefore getting the plat officially recorded, door tho Cityhnvo any assurance that these fees amauntin,l to pronably $16,000 w:11 ever tx: paid? Since mr. Rrlhot-S or i,linal concern In L4 atar't conatruCtlon, I1-. nviy not nocconarity r.a in r, hurry tv fist(, the plat. I did want. to make tl c Counc i i aware of the t ccs that wi 1 1 W required from Sit. I:Whel' if Use Planned Unit UovolupmenL in approv,.d. In addition, it Mr. Wier iu allowed Lo ut,trt mxiol licnn_s, 1 would r-vconunond thist Block 1 for the townitauu•:J bi complutoly surveyed and utnkcd to provide our Niildiny inspoctor with soma 'idea as to whose each lot for each Ltw'rlhOu0e will 110 IOC,�Lod. Rick Wolfntollar. IL Council Agenda - 4/25/63 6. Consideration of the PUD - Victoria Square - Mike Reher. (RW). As you may recall, Mr. Mike Reher, who owns approximately 13 acres of land in the vicinity of the intersection of Cedar Street and Dundas Road south of I-94 and east of Hwy 25, presented to the Council at the September 1982 meet- ing, his concept plan for developing this property into three parcels for 29 townhouses, office condos, and commercial retail space. The Council, at the September meeting, approved the concept plan as submitted which also indicated that a possible realignment of Cedar Street would occur through his development to tic into Dundas Road. Since the initial concept approval by both the Planning Commission and City Council, Mr. Reher has acquired an addi- tional parcel of land from Mr. Ken Krienke, lying south of Cundas Road adjacent to Cedar Street/Hwy 25. Mr. Reher incorporated this additional parcel into his revised con- cept plan which was submitted to the Planning Commission previously. This new addition proposed as commercial for a possible motel/restaurant site enlarged his original concept plan. The Planning Commission in December, 1982, reviewed the revised concept plan which indicated that possialy t:edar Street from approximately t)w lu:aLiu❑ of the Automatic Garage Door Company to where it enters Hwy 25 south of Dundas Road would be vacated. The reason for the vacation would be that Mr. Reher proposed a new Cedar Street alignment through his property that would run parallel to Hwy 25. Since a possible vacation of Cedar Street would involve approval of all land owners abutting Cedar Street, the Planning Commission in December approved the revised concept plan to include the fourth parcel of land but indicated to Mr. Roher that he and the City Staff set up a meeting to discuss the possible vacation of Cedar Street with all affected property owners. Since the December mooting, myself,along with Hr. 1d Anes of OSM, and all of the affected property owners including Bob Danner, Mike Reher, Mol Wolters and a representative from the Automatic Garage Door Company mot to diacuse the pOOoible vacation of Cedar Street. From that mooting, Mr. Danner had reservations about going along with the vacation of Cedar Street aa lie felt it would affect accoos for hio trucking busincoo, and no a result, Mr. Raher changed hia Victoria Square development alightly. The baoic changes included leaving Cedar Street as it exists from the intor- section of Dundee Road north, but ainco Mol Woltara has agreed to be part of the platting proeosa with Mr. Mike Rehor, he wan agreeable to vacating Cedar Street lying south of Dundee Road to Highway 25. Also, an part of the - 3 - Council Agenda - 4/25/83 revised concept plan, Mr. Reher and Mr. Mel Wolters, who owns a small sliver of land between Cedar Street and Hwy 25,agreed to dedicate as part of the plat, land to the City for the extension of Dundas Road directly onto Hwy 25 at a right angle. As you will recall, the City was interested in acquiring and extending Dundas Road directly unto Hwy 25 rather than onto Cedar Street as it presently exists. Since. Mr. Reher's immediate plans are to develop a parcel in the Victoria Square for townhouse units, a preliminary plat for Phase i of his development for the townhouse units was also presented to the Planning Commission for review in ,December. The Planning Commission after reviewing comments from the City Planner, etc. approved the preliminary plat for the townhouse units reducing the number proposed from 29 down to 27 units. Some additional setback distances were altered by the Planning Comnission which provided for more room in front of each town- house unit for parking cars. The revised concept plan including the 4th parcel has not been previously presented to the City Council as it was felt the Planning Commission directed Mr. Railer to work out some minor •,ariationo in regard to thr, t.awnhonse ntat And also to solve the questions concerning possible vacation of Cedar Street. Since these items have now been taken care of and resubmitted to the Planning Commission for approval, the development stage is now being presented to the Council for their approval. The development stage as presented and recommended by the Planning Comninsion and Consultants, would begin with the platting of Mr. Reher's 13 acres into 2 blocks and 2 outlota. This initial platting would be somewhat similar to the Meadow Oaks Subdivision in that large outlets arc being creating initially, and then as the development proceeds, the outlets will be replotted to suit the proposed development later. By approving the preliminary development stage as presented, the City Council would also be vacating Cedar Street lying south of Dundas Road to Ilwy 25 since we would no longer nand this access onto Hwy 25 with the dedication of the property to extend Dundas Road included in the plat. The revised concept plan previously aubmittod indicated two parcels north of Dundas Rood that would include office condos and a cornmarcial retail building. Also a now Cedar Street realignment woo proposed in the concept plan which is not currently indicated in the development plan presented. The reason is that until Mr. Railer would ro-subdivido or roplat the large parcel north of Dundas Road, there were questions _ 4 Council Minutes - 4/25/83 as to the exact location of a new Cedar Street at the present time. Since we would not be actually vacating Cedar Street north of Dundas Road, there really isn't a need to have the now Cedar Street platted at the present time, but this could be con- trolled by the City when Mr. Reher decides to re -plat the large outlet. As part of the development stage, Mr. Reher is also presenting a preliminary platting for Block 1 of Victoria Square into 27 townhouse units as previously mentioned. If approved, Mr. Reher plans to immediately request permission to start some model townhouse units in this development. In addition to the develop- ment stage and preliminary platting for the townhouse units, the Planning Commission recently recommended that a realignment of the zoning districts occur along with the•approval of this PUD. Currently, most of the land lying south of Dundas Road is zoned R-1, single family residential, and according to the concept plan and preliminary plat presented, Block 1 for the townhouse units should be rezoned to R-3 with the land directly west of this block or Block 2, should be rezoned to b-3, highway business. The property lying north of Dundas Road is currently zoned B-3 and -,,ould be in conformance with the concept plan as presented for r offi— condos and ronvxlrcial retail M,sinnsnns, The townhouse development would be controlled by an association agreement, etc. which has been reviewed by the City Attorney, Gary Pringle. In addition, a declaration of covenants, conditions, and ro- atrictions would also apply to the proposed townhouses. I realize that slot of activity has happened since September, 1982, on this development and to summarize, the following items will have to be addressed by the Council. 1. Approval of the revised concept plan for Victoria Square that includes four parcels A. B, C, and D. 2. Approval of the preliminary plat for entire Victoria Square consisting of Outlets A and B and Blocks 1 and 2. Thio plat would than dedicate to the City the Dundas Road extension to Hwy 25. 3. Approval of the preliminary plat for Victoria Square would also include approval by the City of vacating existing Cedar Street lying mouth of Dundas Road to Ilwy 25. 4. Approval of the rovioad development, Phone I and preliminary plat of the townhouse development (Block 3). 5. Clarification of rezoning line to include Block 1 south of Dundaa Road from R-1 to R-3, multiple family zoning and Block 2, mouth of Dundao Road from R-1 to B-3, highway business zoning. - 5 - Council Agenda - 4/25/87 REFERENCES: Comments on the development from both the City Engineer and City Planner, copies of the revised concept plan, preliminary plat for the entire Victoria Square, preliminary plat for Phase I (townhouses, utility plans) minutes of the Planning Commission meetings concerning this item. C - 6 LY M/1 ORR•SCHEIEN•MAYERON RASSOCIATES, INC. Consulting Engineers --_ -- - LandSurveyors Oetoles=Y919A2 Mr. Well ace L. Case Landscape Architect/Planner 4A 12 We at Lane Minn took 4N 53343 Ret Victoria Square DeveloPrent Plan Monticello, Minnesota near Yallvt My staff has reviewed the Development Plan for Victoria Square, dated 1n/lA/82, and 1 understand Ed Anes talked to you on the telephone on 10/27/92 regarding our comments. II The only question we had on the development Plan was the atanc C), hotween Mttldtnge. �1ty Ordinanee 10-'n-2 (0)3 requires ht AIstance to be one-half of the sum of the buIIdInR heIK16t of the two adJae ent bU11dtnys, nrawtng 1/3 shove the corner dlatsT, khet—en ';nttn A nod S aA 23 feet, and aer,nrdlna to the Oct Inane.. shAu7.1 be 29 feet, 11.i fret nr "5 feet JaPeudlnA u„ iim i..•7�5;,�„f��;�.• ...",ti,.c:... hullding. The rest of the plan seems to be in pen eTal ngreenent. -+ith City nrdlnancu. I have a couple of conmentt regarding the Prelininary Uttlitlea ^Inn. The 2 Inch water line to serve the seven ttntts, destgnated An '•U', should he lnereamed to at least a 1 inr.h line. 1 aloo recomnenl that a hydrant be placed on the dead and 6 inch water lino located nt the southwest corner of the sits. This would servo the devnlnonent In rase of fire off proposed Cedar Street an wall so prnvtde A neons of flushing the main to come of stagnant water which occurs in long dead end lines (this line being over 600 feet long). Other than theme emeeptions, we recommend acceptance of this develop- ment Plan. Yours very truly, OR SC It 1... -1 AYP.RON �a .1 ht. PP.P. C ty RnPtnoer IPstnIl ynclomure Crt Loren r.lwln, r,try of Mentlrello l 20.91 Fest Honnepin Avenuo • Suito 238 - W)nenimils, Minnranlu 55413 • 612/ 337. 8660 Consulnng Planners _ One. Groveland Terrace (612)377.3536 Minneapolis_ _ _J Minnesota 55403 Harvard Daldgten Amodaioa / Incorporated �28_Ociober=-lga2 ' PLANNING REPORT TO: Loren Klein, Building inspector Monticello Planning Commission FROM: C. John Uban RE: Subject Property: Phase One Development of 2.24 acres, South of Dundas and Gast of extended Cedar Avenue Development Name: Victoria Square Owner: Mike L. A. Reher Planner Landscape Architect: Wallace L. Case tinginecrinq/Survey1nq: Satnrv-nergquist, ine. ACtIon Requested: Dr_velol,ment SUt(Ju PUD for Phase One Preliminary Plnt Consideration of Proposed Rezoning from R-1 and 11-3 to R-3 LAND OWNERSHIP The 1)1010sed development and preliminary plot includos land not owned by Mr- Rehor. This project nhauld not be ac Lad upon until the additional land is under the ownership of the applicnnt. COMPREHENSIVE PLAN The prolx)sed project will alter the Comprehensive Plan Guido of future land uses in this area. The City should undertake a study to ro-examino land use pattarns In the southern fringe area of Monticello. J PLANNING REPORT _28.October-1982 4 ZONING ORD114ANCE COMPLIANCE Page 2 1. R-2 minimum lot size is 5,000 square fuct (required) with 8.7 units per acre. This development proposes a minimum lot size of 3,364 square feet and 13 units per acre. 2. The required front yard setback of 30 foot minimum. The proposed minimum setback in this development is 30 feet. 3. A minimum side yard setback of 20 feet is required. This development proposes a minimum setback of 30 feet at the perimeter of the property and the proposed interior building site yard setback minimum is 12.5 feet. The PUD Ordinance requires one-half of the sum of the two buildings' height which is 35 feet or 28 feet in this case to be the distance between the buildings within a PUD develolmment. 4. Rear yard setback is 30 feet (required) except where adjacent to single family zoned land, then the minimum setback is 40 feet. The proposed rear yard setback is 30 feet even along the southern border !( wh,tr rh,� ,, rnn­v is AJ is: ­f, ., a_1 tnn.t, Building D at Lila corner of Dundas and Cadar hos added an extra ton fret to 20 feet of setback to mitigate the impact of the future intcracCLion. This arrangement has used land that would nnumally h„ required for nuildings 11 and C. .. I':u'king meets the required numbur. I would suggrat that the parking apron in front of the garages have a depth of 22 foot to safely accommodate the loading and unloading of the trunk. Peopla also Lund not to park as close to a garage door as they would the curb at a normal parking lot. DENSITY The R-3 Ordinance normally would allow 19 units on thin proporty. When Dundas was Platted the City made note of none compenuation to Mr. Reher by transferring density credit fo the 90 foot right-of-way to the remaining land. The preliminary plat indicates that one-half of the right-of-way is to he con- sidered for denuity allowing 2.5 unita'in addition to the allowed 19 units. In order for 24 units to be allowed on the nite, density credit for all of Dundau would have to be appliod. Usually this credit is split half and half to the north and south adjacent pioparty. PutLiuq all tho credit on the southern piece may be too much for the land to hold without significant variancou. 1 believe some mitigation Lhiough (,F*x] site planning has already It happened hare. The further intennity of lan,lacaping on the perimeters of the PLANNING KF.POKr k 28 October 1982 Page 3 property will be necessary to help mitigate the variances needed for the setbacks. The proposal is asking for 5-7 units more than is allowed or can be justified. Total Platted Site 2.5 acres x 5,000 square feet/acre = 22 units Half of Dundas R.O.W. 0.3 acres Unowned Property 0.2 acres The proposed density on this land excluding right-of-way is 13 units per acre. GRADING The plan should provide for more positive collection of surface run-off along the southern boundary. On-site w,lter can be temporarily stored in the drainage swales. Berms should be extended and raised (elevation 966-967) along the , right -of - LC "Cher Lr_rff .- pin Ar,�•, of ti­bnildinnv ant rho girt,•, vards. Thi,; if; imp10rtant because of all the conanercial and industrial Lraffic that will one day use Dundas and Cedar. A 1.5 pncent slope is adequate for drainarpC betwe,_n theqa rageN and t.h0 uuildi nyC it ,ill :'00L ,ureas are quttuw ri t.0 a 1.110 syaLum w 0110.11 !;Walk!- S111'. :wale. S1TI: 61.1'.111iNTS The play area is nicely designed and will help mitigato the tightness of the development. Ttash and storage .ire handled well. The five foot wide sidewalks are needed because they run adjacent to building walls. The common areas and overall pedestrian pattern in designed quite effectively. Nail boxes and entry signs are in good locations but details of those should be submitted and reviewed. Lighting should be added to the site plan covering pedestrian lights in the common areas, building lights for front and rear of garages, entry lights oat each unit and street and parking lighta at the road entrances as well as in the Interior parking area, ' PLANNING REPORT _ `October -_1982_ Page 4 LA14DSCAPI NG The southern 30 foot setback area adjacent to R-1 land should receive more shade trees and shrubs along with some privacy fencing to provide a successful buffer. Sizes of shade trees next to paved areas should have a minimum trunk diameter of three inches to sustain abuse from cars, people, and plowed snow. The pines should have an average of six feet in height when used along street right-of-ways. A more intense overall landscape plan could help mitigate some of the problems of this development. C C ORR-SCHEIEN-MAYERON ftASSOCIATES, INC. Consulting Enyineers Ldnd Surveyors Fetsr_ nary_/, 1983 Mr- Thomas A. Eidem City Administrator City of Monticello P -O. Box 777 250 East Broadway Monticello, Minnesota 55362 Re: victoria Square Concept Plan Dear Tom: On Friday January 28, 1983, Mr. Mike Reher, Developer for Victoria Square, visited my office and handed me a revised Concept Plan for victoria Square indicating that a Parcel u was added to the Planned unit Development. J Previously, on three different occasions between June and October 29, 1982, we commented on the basic concept plans prepared by Mr. Wallace I.. Case the Architect -Planner for this development firm, Minnesota Exchangers, Inc. This revised plan, dated November 11. 1982, contains the addition of Parcel D. The significance of this plan is the addition of lands not previously included in the plan. These lands involve the triangular parcel of property between Trunk Highway 25 and existing Cedar Street, the existing Cedar Street right-of-way and approximately a 3 acre tract of land east of existing Cedar Street. It appears that the Developer is acquiring or intends to acquire: the land on each side of Cedar Street south of Dundee Road. If this happens and Cedar Street is, vncated, he would acquire the entire right-of-way of Cedar Street nouth of Dundas Road. This would then provide a 3.69 acre parcel of land Parcel D. Without more detailed information on the proposed motel/restaurant, it is impossible to calculate the number of parking spaces required. The proposed 175 spaces appears marginal unless a determination can be made on joint use of these stalls. That is, the motel occupants are also the restaurant customers utilizing the same parking spaces. This development will require cooperation with and from other property owners to obtain the necessary roadway extension for Dundae Road to Trunk Highway 25 and the vacation of existing Cedar Struet, it is my t / � 2021 Cos! IMe... rpi i Ave,slic . Suifr. ?JrT . Cw: ;,� ±esow 55413 - 6121331. 8660 Page Two Mr. Thomas Eidem, City Administrator Re: Victoria Square Concept Plan `February 4; 198] understanding that the Developer would like to first proceed with Parcel A and have that platted initially. It would be my recommendation that all the property owners involved consent and the entire parcel of land consisting of Parcels A, 8, C and D be platted as outlots which would show the dedication of new Cedar Avenue as well as the vacation of old Cedar Street. This way the City would be assured of a new roadway before any street vacations are given to facilitate this development. This would also give us the necessary extension of Dundas Road from old Cedar Street to Trunk Highway 25. This platting would be similar to what is now transpiring in the Meadow Oaks development and on this basis, the Developer can then re -plat each one of the outlets as time and conditions may dictate. This concludes our comments on this Concept plan and in the event you may have any questions, please give me a call. Yours very truly, ORR-SCHELEN-MAYERON PAS&OCIATES, INC. P. Badalich, P.E. Cy Engineer ,1PB:min cc: Mr. Mike Reher Wallace L. Case R Consuluno Planners One Groveland Terrace (6121377-3536 MinneaDolis _ Minnesota 55403 / Howard DeNpren Associates / Incorporated PLANNING REPORT IDATE: _ B_February_1gB3__ TO: Monticello Planning Commission FROM: C. John Uban RE: Subject Property: Phase Ono Development of 2.24 acres, South of Dundas and East of Extended Cedar Avenue Development Name: Victoria Square Owner: Mike L. A. Reher Planner Landscape Architect: Wallace L. Case Engineerinq/Surveyinq: Sathre-Bergquist, Inc. Action Requested: Amend PUD Concept Development Stage PUD for Phase One Preliminary Plat Consideration of Proposed Ro^,oning from R-1 and B-3 to R-3 PLANNING CONSIDERATIONS LANA OWI: ERSH 1 P The proposed development and preliminary plat includus land not owned by Mr. Ruher. Tho other land owner has now signed thu 11111) Application and is cooperating in development with Mr. Reher an proposed on the mnendud PUD Concept. COMPRO104SIVE PLAN , The proposed project will alter the Comprehensive Plan Guide of future land usus in this area. The City should undertake a study to re-oxa mino land esu patterns in the southern fringo area of Monticello. 141 t PLANNING REPORT APPLICANT_: Mike -L. -A. Roher-_ DATE: B_February 1983 Page 2 ROAD REROUTING The plat for this project should be the instrument for the realignment of Cedar and Dundas. The right-of-way for Cedar should be dedicated with this plat. ZONING ORDINANCE CoriPLIAIICE 1. The R-2 minimum lot size is 5,000 square feet (required) with 8.7 units per acre. This development proposes a minimum lot size of 3,364 square feet and 13 units per acre. 2. The required front yard setback is 30 feet minimum. The proposed minimum setback in this development is 30 feet. 3. A minimum side yard setback of 20 feet is required. This development proposes a minimum setback of 30 feet at the perimeter of the property and the proposed interior building side yard setback minimum is 12.5 feet. The PUD Ordinance requires one-half of the cum of the two buildings' height which is 35 feet or 28 feet in this case to be the distance between the buildings within a PUD development. 4. Rear yard setback is 30 feet (required) except where adjacent to single family zoned land, then the minimum setback is 40 feet. The proposed rear yard setback is 30 foot even along the southern border where the property is adjacent to R-1 land. Building D at the corner of Dundas and Cedar has added an extra ten feet to 20 feet of setback to mitigate the impact of the future intersection. This arrangement has used land that would normally be required for Buildings B and C. 5. Larking meets the required number. I would suggest that the parking apron in front of the garages have a depth of 22 foot to safely accommodate the loading and unloading of the trunk. People also tend not to park as close to a garago door as they would the curb at a normal parking lot. DENSITY ilio R-3 Ordinance normally would allow 19 units on this property. When Dundas wan platted the City made note of acme compensation to Mr. Reher by transferring density credit of the 80 foot right-of-way to the remaining land. The Preliminary Plat indicates that one-half of the right-of-way in Pl.kINING REPORT APPLICANT: Mike L. A. Reher ~ DATEr' - 8'Pebraary 1983 Page 3 to be considered for density allowing 2.5 units in addition to the allowed 19 units. In order for 24 units to be allowed on the site, density credit for all of Dundas would have to be applied. Usually, this credit is split half and half to the north and south adjacent property. Putting all the credit on the southern piece may be too much for the land to hold without significant variances. 1 believe some mitigation through good site planning has already happened here. The further intensity of landscaping on the perimeters of the property will be necessary to help mitigate the variances needed for the setbacks. The proposal is asking for 5 to 7 units more than is allowed or can be justified. Total Platted Site 2.5 acres x 5,000 sq. ft./acre - 22 units Half of Dundas R.O.W. 0.3 acres Additional Property 0.2 acres The proposed density on this land excluding right-of-way is 13 units per acre. G RAD 114G ) The plan should provide for more positive collection of surface run-off ✓ along the southern boundary. On-site water can be temporarily stored in the drainage swalos. Berns should be extended and raised (Elevation 966-967) along the right-of- ways to better buffer the ends of tho buildings and the side yards. This is important because of all the commercial and industrial traffic that will one day uoe Dundas and Cedar. A 1.5 percent slope is adequate for diainagu between the garages and the buildings if all root areas are guttered to a file system or open Swale. S 1 TC EId]ME11TS The play area is nicely designed and wil'. help mitiqnto the tigi.tness of the development. 1'ranh and storage are haodl-0 well. The five foot wide side- walks are neuded because they run adjacent to build ulg walls. The comr.on sins,. and overall pedentrien pattern is designed quit.,: effec tl vely. 1.1, boxes ,111d entry signs are in good Ioentionn Uut. details of chase should be uul,mitted and revlewed. Lighting should bo added to the alte plan coverinq pedentrinn lighto in the common areas, building lights for front and rear of garages, entry lights ti PLANIIING REPORT APPLICANT; Mike L. A. Reher DATEf B -February -1983 Page 0 on each unit and street and parking lights at the road entrances as well as in the interior parking area. LAIMSCAPING The southern 30 foot setback area adjacent to R-1 land should receive more shade trees and shrubs along with some privacy fencing to provide a successful buffer. Sizes of shade trees next to paved areas should have a minimum trunk diameter of three (3) inches to sustain abuse from cars, people, and plowed snow. The pinca shoule have an average of six (G) feet in height when used along street right-of-ways. A more intense overall landscape plan could help mitigate some of the problems of this development. PUD CONCEPT AMENDMENT The proposed motel would be a good land use highlighting the entrance on Dundas to the commercial/industrial area. The land is partially zoned 8-.. and R -i which is a natural blend for a motel. As shown on the Concept Plan there should not be direct access onto Highway 25. Access should come Cfrom Dundas and Cedar. The owners should prepare a plat that will document all the land exchanges, right-of-way vacations, and right-of-way dedications needed to carry out the road alignments shown on the PUD Concept Plan. R M Planning Comission Minutes - 7/13/82 J 10. Mike Rehr Project. Mr. Mike Rehr and his planner, Mr. %•ally (a :e, were present at the Planning Commission to informally present their concept of a 20 acre proposed development in the vicinity of Dundas and Cedar Roads in the southern part of Monticello. As was Lim case with the previous item, this was not a public hearing and Lite presentation was made to the Planning Commission only to stimulate thought and questions for a future meeting at which the formal concept will Le presented for recommendations for passage or consideration for changes and pas- sage at that time. No action was necessary. Planning Oamoisslon Minutes - 6/31/82 9. Concept Development Stade for a Planned Unit Development - Mike Rehror. Mr. Mike Rehror who owns a parcel of land in the vicinity of the intersection of Cedar Street and Dundas. Road was present to propose the concept plan for a planned unit development on that property for the development of office condos and townhouses. This project, titled Victoria Square, would include, three parcels, Parcel A. Parcel D. and Parcel C. Parcel A would inclu,le 2() townhouses on 2.24 acrep Parcel B would contain office condos of til units on 4.46 acres and ParCcl C woulA contain a retail upaee of 11,01,5 square fact on the 1.7 acres of land. The best part of rhiolb•velopment for this planned unit development would be dedicated by nr. P.ehror as a now parcel ,f land upon whi,:h Cedar Street could be rerouted through the project to dead end on the south end of his project until such time as Cedar Gtrcet could be extended across propertlen further to the south to ereato a frontage road. This project wan reeommanded by the City Planner for consideration and a motinn was made by Bowling and reeonded by Dondhus to accept the concci.l plan as proposed and allow the developer to further his plinning trn dovelopment at future public hearings. All voted in favor. 10. Moetlnl Reminder. • There will he a special meeting of the Planning Commission at 7100 P.M. on September 13th to consider an appointment to the Planning Conm+illsion and also a reminder of the regular mccting of the Planning Comaisrion to be hold on September 14th, 1982 at M1UO P.M. in the Public Library. (This meeting is being hold in the public library because the 14th it election day and the Council Chambers at City ball will be in use for voting. the developers ar proposing to dedicate an additional parcel of land adjacent to Iu 4 for parkland purposes after 50% of the development is occup d. in reviewing the comment submitted by the City Planner, John Uban, Mr. Bemboom indicated that the developers would be agreeable to reducing the width of the t it systems under the power line ease- ments to 30 to 40 feet in wi.d rather than a straight 60 foot wide system. This was recommended tt�e Planner as he felt the City would not necessarily need a GO bot width for a trail system. Initially, the City Planner also •It that an 8 foot wide asphalt trail be included in the lurk dcdil tiun but noted that a 6 fout wide asphalt trail would be sufficic if this is what the de- velopers are more comfortable with. fl. was also noted by the de- velopers that in reviewing other cummen mode by rho City En- gineer and City Planner in regard to the nal plat, they felt that there would no problems in meeting all he recommendations and requirements indicated in their letters. \ As a result, a motion was made by Carlson, seem\wI an, and unanimously carried to recommend approval of plat as submitted for Meadow Oak Subdivision whiist of 16 outlets with the replatting of two of the subdivisions for a portion of the manufactured hand n executive home sites. 3. Public Hearing on the Revised concept Plan and the Dovelopmenr Staga of the Planned Unit Devolopmont to be known as Victoria Square. Mr. Mike Reher, who owns a parcel of land in the vicinity of Cedar Street and Dundas Road lying cast of Highway 25, previous- ly presented a concept plan for a Planned Unit Development on that property to include office conduu and townhounus. The original concept plan included three paiculs, parcel A, B, and C. Parcel A proposed 29 Lownhousen on 2.24 atfea, parcel b contained office condos of 52 units on 4.46 acru:r and parcel C would contain retail space of 11,065 squaru feut on tlw 1.7 acres of land. The original concept plan also prupoued a ra- aligmnent of old Cedar Street from its present location to an oaatutly direction extending to Dmuulam; Road. The new Cedar Street would then proceed in a soutnerly diruction parallel- ing uwy 25 to the edge, of Mr. Reher's property. The revised concept plan now includes a fourth parcel D lo- cated souLh of luroias Road and oast of llwy 25. This property was previously owned by Ken Krienkc which Mr. Ruhor has ro- cently obtained a purchase agreement on. The revised concept plan now proposes this parcel for a future mote l /re otaurant situ. Z_ vianniw, Commission kimtes - 2/6/63 As part of the proposed concept plan, the City Staff has been working with Mr. Reher and other property owners abutting old Cedar Street such as Automati: Garage Door Company, Danner Trucking, and Mel Wolters to work out an exchange of property if old Cedar Street would be vacated by the City. The vaca- tion of Cedar Street is feasible if the new proposed Codas Avenue extension is approved in Mr. Rcher'o concept plan. Also as part of the vacation of Cedar Street, the City would acquire the lard to extend Dundee Road directly onto Hwy 25 which now currently ends at old Cedar Street. After reviewing the amended concept plan, it was noted by the City Planner, John Oban, that the next step for Mr. Reher would be to prepare a preliminary plat on the entire project as proposed, assuming that all the property owners involved would agree to the property exchanges. The resulting pre- liminary plat would include portions of a vacated Cedar Street and should probably be platted into 4 largo outlots as the initial stage and then each individual outlot could be re - platted to coincide with the proposed concept plan. At this time Kr. Reher reviewed with the Planning Commission the proposed preliminary platting of Parcel A which would con- niwt of. 29 townhouse units. It was noted by City Planner, John Uban, that although Parcel A appe.,ca to be well designed, 29 townhouse units may be too much denn'ty fur this parcel of land and suggested that possibly a c uple of the units be eliminated to provide more olwn uha,-e. CurrcnC city ordinancou roquire 5,000 square feat par townhow-c unit which would only allow approximately 19 to 22 units on thio parcel of land. In reviewing this item, Mr. Rehor indicated acceptance to eliminating a couple of townhouse units to provide more open space. In addi- tion, Mr. Reher will also shift some of the townhouse units closer to the lot lines to provide more parking space in front of each of the garages to safely accommodate the loading and unloading of the vehicles parked in these locations. Concerns were expressed by the Planning Comsission sabers re- garding park dedication requirements as the plat is not pro- posing any park land other then a scall tot lot ares for the townhouses. Mr. Maher noted that he did not feel he had enough laud to actually dedicate 101 of the property for park lard but would consider cash dedkation to the City to be used for park Improvements in the future ahoulb a park be developed south of the freeway. in regard to the actual park dedication, Mr. Paher noted that it was his understanding that possibly the sukdivlsion fees raletingto this plat and also the park dedication require- ments might be waived In exchange for the now Cedar Street dodi- cation. Committee somber■ noted that although the City is -Planning Commission Minutes - 2/8/83 - acquiring a new right-of-way in this proposal for Cedar Street, the City would also be vacating the old Cedar Street right-of- way which Mr. Rcher would acquire and because there will be high residential density in this area, the park land cash dedi- cation should still be part of the proposed subdivision. It was the consensus of the Planning Commission members that no action be taken at this time to approve the amended concept plan and preliminary plat for parcel A for the townhouses but recommended that the developers prepare a preliminary plat for the entire area after an agreement has been reached with all of the property owners in regard to the vacation of Cedar Street and then prepare a preliminary replatting far parcel A for the townhouses incorporating any comments suggested by the Planning Commission. The replatting for parcel A should in- cludo a realignment of the building act backs and the elimination of 2 townhouse unite for a total of 27 units. It was also recowndod by the Planning Commission that the City Planner review and provide some suggestions as to where a pos- sible park could be located south of the freeway to serve for a future development in this area. �31aa►r. Cor.4 8. Public Hearinq - Dovsloamwant stago of the PUD - victoria Square - Mike Rehor. Mr. Mike Rehor, presented to the Planning Commission so part of the development stage a preliminary plat for his property located in the vicinity of Cedar Street and Dundas lying east of my 35. The revised concept plan recently approved by the Planning Commission indicated that all of present Cedar Street lying south of the Dundas Road extension proposed would be vacated with half of the property being given to Mr. Rehor and the other half to Moi Wolters who plans on joining Mr. Rehor in his platting of the property and who would become a part owner in what is now to be known as Block 2 of victoria Square. The preliminary plat as proposed would create 4 outlets with Block i being immediately platted into 27 townhouse sites. • It was noted that the original concept plan Indicated that possibly Cedar street lying north of the proposed Dundas J Road extension would also be vacated with the sort half of Cedar Street being incorporated Into his commercial building eevelopment to be used for parking, otc. -Planning Commission Minutes - 4/12/83 Recently, a meeting was held with Mr. Reher along with Mel Wolters, Bob Danner and a representative of the Automatic Garage Door Com- pany to discuss the possible vacation of Cedar Street according to the previously amended concept plan. At that meeting, Bob Danner indicated sane opposition to the eventual vacation of Cedar Street north of Dundas Road as he felt it could cause problems for his access to his property for his trucking business. In addition, Automatic Garage Door CompaLny felt that the vacation of the street could be accomplished in the future provided that the new proposed Cedar Street through Victoria Square could be located to provide proper access for their facility_ Since a mutual agreement could not be reached at the present time with all of the property owners involved, it was decided that the Cedar Street lying north of Dundas road would not be iemediately vacated and as thus, is not incorporated into the preliminary plat. In regard to the Cedar Street realignment, the preliminary plat at this time does not dedicate the new Cedar Street as part of the preliminary plat, but Mr. Rcher has signed an agreement indicating that the proposed Cedar Street shall IA platted north of Dundas Road at the time Outlet B is developed. The actual road alignment will be established in the future as part of the replattinq of outlet B. It was also noted that as pact of the original platting of the outlets, the proposed Dundas Road extension to Hwy 25 would bn dedicated and given to the City as part of the platting process. As part of the preliminary plat, Mr. Reher also presented the preliminary plat for Block 1 which will consist of 27 townhouse units. As recommended at the concept stage, the townhouso units were cut from 29 to 27 units and sot back df utancoa were altered to allow for more parking in front of each of the garage units. The elimination of two townhouse units also resulted in a larger area in the corner of the development for playground purposes per the Planning Commission's recommendation. The actual platting for Block 1 for the townhouse units is considered as Phase I of the Victoria Square Dovolopasnt and M is Mr. Rohor's intention to immediately start same model townhouse units once approval is granted by the City Council. APs Part of the original concept plan, the Planning Commission Previously recommended that Block 1 and 2 of Victor La Square lying south of Dundas Road be rezoned to R-3 (Multiplo Family Residential) and B-3 (highway business) respectively. This rezoning would comply with the previously approved concept plan as amended. - 6 - 0�> IN Planning Commission Minutos - 4/12/83 After completing the review of the development stage, preliminary plat and Phase I as presented, a motion was made by Carlson, seconded by Dowling and unanimously carried to approve the development phase of the Planned Unit Development including the preliminary plat and also Phase I of the development as presented with a recommendation that Block 1 for the town- house units be rezoned to R-3 and that Block 2 of the pre- liminary plat be rezoned to B-3 from current zoning of R-1, single family residential. Q Council Agenda - 4/25/83 C 7. Consideration of Conditional Use Permit to Allow an Auction Sales/ Consignment Sales Facility in a B-3 Zone - Bob Davis. In May, 1980, Mr. Bob Davis, who owns the property across the street to the wos t of Heskin's Electric on Oakwood Drive,* made an application for a conditional use permit so that he could establish an auction sales facility at that location. A con- ditional use permit was granted by the Planning Commission and City Council, and as part of the conditional use permit, Mr. Davis was granted a variance from black topping and curb and gutter for his parking Lot until July 28, 1980 at which time it was to be revietwod. Mr. Davis operated the auction facility for only a couple of months and at that time decided not to continue the operation. Mr. Davis has now reapplied for the conditional use to again allow an auction facility/cona4gnment sales facility at his property. Mr. Davis has a 32 foot by 72 foot building (2,304 square feet) that he would like to again operate as a sales auction facility. According to the ordinances, an auction house of We sire would have to h:xvc arproxix-uoly 59 pzrking spaces and Mr. Davie, according to his site pian, proposes to provide. 66 spaces - As part of the conditional use permit, City ordinances require a number of conditions be met in regard to outside sales areas and outsido storage areas, etc. As part of the conditions, the ordinances require that the 66 parking spaces to black topped and provide curb and gutter around all the parking areas. Mr. Davis plans to immadiately, if the conditional use is approved, prepare his parking area with Class V. etc. and at the present time is uncertain as to whether he can complete the black topping immediately this summer. The last I hoard from Mr. Davis was that he was fairly sure that he would be able to black top the parking lot this summer yet, but requested that possibly the Planning Commission approve a variance allowing him one year to ccaplete the black topping. In regard to the curb and gutter requirements, Mr. Davis would like a variance on a permanent basis eliminating the curb and gutter as he fools the property is located in an undeveloped area and that the curb and gutter would not seive the purpo .a that it is intended for since a curb and gutter would actually possibly hinder water drainage from his parking areas. He certainly understood that it and when the arise developed commercially further, storm sewer or other drainage facilities in the area might make it necessary for him to provide for drainage to a certain area, but he felt that at the present time with all the land surrounding his property being open grass area, the water drainage would not be a problem. - 7 - Council Agenda - 4/25/83 The Planning Commission had concerns over the establishment of an auction sales facility that might have alot of outside storage and sales activities. Although the City ordinances do allow for up to 30% of the gross floor area of the principal building to be used as an area outside of the building for outside sales, the Planning Commission recommended that additional restrictions be placed as part of the conditional use permit restricting the sales activity to inside the building only with no outside storage or sale of items taking place. Mr. Davis, although he was not present at the Planning Commission meeting, did indicate that his intention is to have sales inside his building only and it would appear that this would not be a problem. In regard to the curb and gutter variance request, the Planning Commission members felt that with the Victoria Square development, this area surrounding Mr. Davis's proposed sales facility may develop quite rapidly, and felt that a precedent might be set in allowing a permanent variance from curb and gutter requirements. As a result, the Planning Commission recommended approval of the conditional use permit for the auction sales facility contingent upon: That no cutsidc stcrr,c or Salc of iter.^ take rlace. 2. That the conditional use permit be granted on a one year basis and that the variance from the curb require- ments be for oro year at which time both iters would be reviewed. 3. That the hard surfacing of the parking lot be com- pleted within 4 months. (Mr. Davin has indicated that he will be black topping the parking lot thin summer). POSSIBLE ACTION. Consideration of approving or denying con- ditional use permit for the auction sales facility and consider- ation on the variance request to eliminate curb and guttor ro- quircmonts permanently. REFERENCES: A copy of the Planning Commiasion and Council Minutes of May, 1980 in regard to the first conditional use permit that was granted and also a copy of a map indicating the location of the property and a copy of the site plan indicating the Wilding location and parking layout. COUNCIL MINUTES - 5/27/80 3. Consideration of an Ordinance Amendment to Allow Consignment Auction Sales and/or Auction Sales within a B-3 Zone. As a result of a request by Bob Davis to operate an auction sales facility within Monticello, an ordinance amendment would be necessary to allow such a use within any zoning district since our current ordinances do not allow for this type of use. The Planning Commission, at their last meeting, recommended that if an auction sales facility is allowed as a use within the zoning districts of Monticello, it should be considered as a conditional use within a B-3 (Commercial) zone. By amending the Ordinance in this fashion and allowing such a use as a conditional use, the City of Monticello would still retain control through the establishment of various conditions. The conditions that were proposed are as follows: A. The architectural appearance and function 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 the lot. B. At the boundaries of residential districts• d strip of not less than 5' shall be landscaped and screened in compliance with Ordinance Section 10-3-2-(G) of this Ordinance. C . Any light standard islands and all islands in t.ha nares nn lot Shall q be landscaped or covered. D. Pat•king areas shall be screened from view of abutting residential districts in compliance with Ordinance Section 10-3-2-(G) of this Ordinance. E. Parking areas and driveways shall comply with Monticello Ordinance 10-3-5-(D). F. Vehicular access points shall be limited, shall create a minimum of conflict through traffic movements, shall comply with Ordinance Section 10-3-5 of this Ordinance, and shall be subject to the approval of the City Engineer. G. 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 Section 10-3-2-(H) of this Ordinance. H. the entire area shall have drainage system which is subject to the approval of the City Engineer• I. All signing and information or visual communication devices shall he in compliance with Ordinance Section 10-3-9. J. The provisions of Ordinance Section 10-22-1-(E) of this Ordinance are considered and satisfactorily net. COUNCIL MINUTES - 5/27/80 K. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds the general welfare and public betterment can be served as / well or better by modifying the conditions. L. Outside sales areas are fenced or screened from view of neighboring residential uses or abutting residential districts in compliance with Section 10-3-2-(G) of this Ordinance. l M. Outside sales connected with the principal use is limited to 30% of the gross floor area of the principal building. This percentage may be increased as a condition of the conditional use permit. N. Outside sales areas may not take up parking space as required for conformity to the ordinance requirement. 0. No pets or livestock may be sold at this auction sales facility. P. Provisions must be made to control and reduce noise when adjacent to a residential zoning district. Q. All outside storeage shall be effectively screened from public view in accordance with Monticello Ordinance Section 10-3-2-(G), and limited to 10% of the gross floor area of the principal use building. In addition to the establishment of conditions for such a use, one other l Uln:rl•ll eAP1'C]]CJ wdS W'VIOLi,C LV iiC pdi;. illy iC, juii l"�IiC iiLi fVl ,.,v.� sales facility. It was recommended by the Planning Commission thatyone parking space for each 40 square feet of building area should be required for an auction sales facility, along with other uses such as skating rinks and dance halls. Motion was made by Phil White, seconded by Dan Olonigen to approve an ordinance amendment adding an auction sales facility as a conditional use in a D-3 zone with the above referenced conditions - A thru Q - and amending the parking formula requirement to one parking space for each 40 square feet of building area. Voting in favor: Arve Grimsmo, Dan Olonigen, Fran Fair, Phil White. Opposed: Ken Maus5",1 •• •• •= �' �'� 4• Public Hearin on the Consideration of a Variance from Monticello Ordinances Re�ative to Off -Street Parking and a Conditional Use Request for an Auction Sales Facility - Robert Davis. As mentioned in the previous item, Bob Davis, who owns the property across the street to the west of Haskins Electric on Oakwood Drive, requested a conditional use permit so tliat he may establish an auction sales facility on his property. in addition to the conditional use request, Mr. Davis requested a variance from Monticello ordinances requiring him to install hardsurfaced parking and curb barriers around his parking lot. COUNCIL MINUTES - 5/27/80 Mr. Davis has a building that is approximately 2,400 square feet, and in light of the new parking requirement for this type of use, approximately 60 parking spaces would be required. Mr. Davis has indicated that since he is just starting out in this particular business venture, he would like approximately 4 - 6 weeks operation time to see if this type of business will survive in Monticello. and then would like a one-year variance from the requirements of hardsurfaced parking. Mr. Davis indicated that if, in 4 - 6 weeks, he felt his business could survive, he would then be willing to post a bond for the parking lot and curb and gutter improvements as required with completion within one year. If the business proved not to he feasible after 4 - 6 weeks, he would agree to cease business as an auction sales facility. Motion was made by Phil White, seconded by Ken Maus and unanimously carried to approve the conditional use permit for an auction sales facility to Mr. Bob Davis, provided he met the conditions of the conditional use request. In regards to the parking requirements for this type of use, it was the consensus of the Council to defer any action on his variance request at this time and to grant a temporary approval to operate without hard - surfaced parking until July 28, 1980, at which time, it will be reviewed. PlINUTES REGULAR MEETING - MONTICELLO PLANNING C014MISSION Tuesday, May 20, 1480 - 7:30 P. M. 3. Public Hearing - Consideration of an Ordinance Amendment to Allow a Consinn- ment Auction Sales and/or Auction Sales racility within a B-3 Tone. This item was for the consideration of amending the ordinances t0 allow a consignment auction sales and/or auction sales facility within a B-3 zone. Several items were presented as part of the agenda supplement, which should be considered as part of the ordinance amendment, which would allow that type of facility. Also considered was amending the present parking lot requirement for that type of facility, The concern there would be that a building of 2,400 square feet would only need 21 parking spaces when the occupant' load in that building could quite possibly be as high as 162 persons under the present parking lot requirement. One consideration which was taken was that the occupant load allowed in a building of that size is that one person be allowed for each 15 square feet, or as that which is determined by the building code. Using that formula, in a 2,400 square foot building, the occupant load could be 162 people, and it that figure t.ere divided by 2.5, which is the average number of persons who arrive at a location In an auto- mobile, that would more accurately reflect the number of parking spaces that would be required. Also taken Into consideration were - If outdoor %ales I PLANNING COMMISSION MINUTES - 5/20/80 are going to be held, an adjustment should he made upward to accommodate those additional parking spaces which might accumru)date more individuals 4. at an outside sales area. A motion was made by Dick Martie and seconded by John Dondhus to recommend approval of the ordinance amendment, and also, to amend ordinance section 10-3-5-(H)-(22) to state that the number of spaces required for parking would be determined by using the building code to determine the maximum occupant load, and then divide the occupant load by 2.5, which would be the number of spaces required. That passed with unanimous approval. 4. Public Hearing - Conditional Use for an Auction Sales facility - Robert Davis. Robert Davis, who owns the property across the street to the west of Heskins Electric on Oakwood Drive, made an application for a conditional use so that he may establish an auction sales facility at that location. Mr. Davis has a large building on that property which facilitates the type of business which he is hoping to establish. He has, in fact, held a couple of auctions from that building and feels that it does suit his needs. However, in order for him to continue his auction sales facility as a legal use, the ordinance amendment as proposed in item 3 above would have to be passed, and also, his conditional use application would have to be passed. It appeared that Mr. Davis could meet those conditions of the conditional use v:hich was prepesed, with an exception of a variance which he would be applying for in the next agenda item. With a motion by John 8ondhus and second by Dick Martie, it was recommended to approve the conditional use application provided that Mr. Davis meet also the condition of the variance which is dealt with in the next agenda item. All votod in favor of approval. 5. Consideration of a Variance - Robert Davis. Robert Davis, who owns the property discussed in item d4 above, made an application for a variance from the parking lot and curbing requirements should he be allowed a conditional use to develop the auction sales facility as was described in item 03 and which he applied for in item p4. If the conditional use in item N4 was granted, Mr. Davis would be required to develop a parking lot. if the formula for determining the number of parking spaces required for the auction sales facility were adopted as suggested in item N3, that facility would then require 65 parking spaces for the inside sales, and if outside sales were developed, additional parking spaces would be required. Mr. Davis suggested that the City consider allowing him a period of one year or more to determine whether or not his business would be successful and worth continuing before he were required to develop a parking lot. If that consideration were given and granted, a bond in the amount of it� times the proposed parking lot development amount was discussed. On a motion by John 8ondhus, seconded by Dick Martie., it was recommended to approve that variance request, provided that Mr. Davis bond for ly times the proposed parking .i lot development, which would then have to be installed within a period of one year should the btisi�pss be continued for that length of time. All voted in favor. 270 1.1 Conditional Vhc w�qw,:,t to allow &Uct&cll ..,jjj �/cow;opmnL 1 auCtlan .,ale,� faellitY varl nre f1wm bard ut fa.. parking jL%i?r PAM. 10 A C -.31vok lj Ar - (14 4 AA i-te- Saw1-4's IL +'72- I L I IL es I)IoAA:,,v r 19aa 7;e-,4 ,� 1 C67 Council Agenda - 4/25/83 Consideration of•a Conditional Use Permit to Allow Outside Sales and Equipment Rental (U -Haul Trailers) - Maus Tire Service. (R. W. Mr. Jim Maus of Maus Tire Service, South Hwy 25, has applied for a conditional use request to be allowed to have outdoor storage of U -Haul trucks and trailers located at his tire service building for rental purposes. According to the City ordinances, outdoor service, sale and rental as a principal or accessory use is allowed as a conditional use within a B-3 zoning district which Maus Tire is located in. Mr. Haub recently took over the U -Haul rental business that was pre- viously located at the Freeway Standard Station. As part of the conditional use, the equipment rental is limited to 30% of the gross floor area of the principal use and it would appear that the number of vehicles and trailers that will be located on the property would meet the 30% requirement as they would not take up more than 30% of the floor area of his tire shop building size. The Stor-way building where the tiro service is located has sufficient parking and the storage of these trucks and trailors 1�l wm11A nest. tntP PwPy frnn their rresent parkin^y ^sea... POSSIBLE ACTION: Consideration of approval or denial of the conditional use permit request for outside storage of U -Haul rentale. REFERENCESi A map indicating the location of the property and a copy of the ordinance listing conditions pertaining to conditional use. - 9 - �'"r` �.'•'r;J�' �.o • :�, •�,r..; 'f � ' •;j R t V E � J Y`y — y �, �� ."•�:..:! • J•1� - � .,� C' ` �'`'' . / ' •"^� '+.. ' � rte,,^- _� i � \ t '. � .. ,� .,"t t -•". +:;" - 't, •� , / .f. J.. � . � > ^ • °' �• tom --"7 .._, • '• .� •� /j("`'••• 1 s �r r, +•� 4 ,;7 rt 'r ; ` • � ...4• ` -+�,'� n � .: ~ _ ~f '.•. - 1r , : > . 4�..' "ham �. •-. } . 'l / .+,-..`►_"'+•+,..,� i ' .> . � ? � CondlttOTWI $514 tolsliP N0. 9• ., outs vl aIt �, tiV 1Cti `• ., ~ .. j yr. Punt pS ^rl� SC ! �,• i s f;�K �+` . ° t ' A� ;•. .O ♦� r 10-13-4 10-13-0 to change when the Council ulxni investigation in relation to a formal -request, finds tl+.it Gke general welfare and public betterment can be served as well o+ better by modifying the conditions. 13. The provisions of-ection 10-22-1 (E) of this Or- dinance are considered and satisfactorily met. (D) open and outdoor storage as a principal or accessory use provided thatn 1. The area is fenced and screened from view of neighboring residential uses or if abutting an 'R" Disttiet in compliance with Section 10-1-2 (G) of this Ordinance. 2. Storage is screened from view from the public right-cf-way in compliance with Section 10-3-2 (G) of this Ordinance. 3. Storage area is q rassed or surfaced to control dust. 0. 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 Section 10-3-2 (H) of this Ordinance. 5. Dogs not take up parking space as .Oyu/Sal for confor- mity to this Ordinance. _ G. The proviu:uns of Scct.nn 10-22-1 (E) of thio Ordinance are considered and saLisfrnctov +ly met. (E) upan or outdoor rvrvuu, _.ti a,,,J rental au a {rine+„al or accessory use and lni•l-eiiny .,.,1,,+ in or fou+ mnturirud vehicles, trailers or wagons 1•r,wulyd thit+ 1. Outside servicto. nalea and equipment rectal connected with the principal useo is limitrd to thirty (30) percent of the gross floor area of the principal use. This perrontage may be increased as a condition of the conditional use Vomit. (6-27-77 031) 2. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting 'R" nistriet in com- pliance with Section 10-3-2 (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 Sec- tion 10-3-2 (H) of this Ordinance. 4. Sales area is grassed or surfaced to control dust. 5. Does not take up perking space as required for conformity to this Ordinance. 1 G. -he piovis, ms of iecti 10-22-1 (E) �f this Ordinance die Cam, ed and s tirf actoril t. M Council Agenda - 4/25/83 Consideration of Conditional Use Permit for a Minor Auto Repair. Facility in a B-4 Zone and Consideration of a Variance from Hard Surfacing of Parking Area - Pat Townsend. (R.W.) and (T.E.). As you may recall, Mr. Pat Tom send at the November 16th, 1982 Planning Commission meeting, requested a conditional use permit to be allowed to operate a minor auto repair shop at his home located at 107 Locust Street. Mr. Townsend was basically work- ing with transmission and radiator repairs and the Planning Commission granted the conditional use permit on a temporary one year basis. Mr. Townsend has now re-applied for a conditional use permit to open a minor auto repair facility in a portion of the former Monticello Ford Garage located across the street from his present home. Mr. Townsend is requesting to use the former body shop portion of the Monticello Ford Garage which is located on the north and of the building which has access through the alley off of Locust Street. The size of the body shop he will be renting from Mr. Lorry Flake is 30 feet by 52 feet and would have sufficient size for at least 2 vehicles at one time. His former location was in a garage at his residence which basically had only one service stall at a time. The City ordinances require that a conditional use be granted for an auto repair facility in a B-4 zone even though the present location was previously used as a auto repair facility. Parking requirements on site for this typo of businuss would require B parking spaces consisting of : for the auto repair business and 2 spaces for each stall available. The proposed area for parking would be on the north end of the building off of the alley and there would be sufficient space for the cars. As some of you my recall, approximately 3 yearn ago after Monticello Ford moved to its new location on 1-94, the building inspector inspected the Monticello Ford building and recommended that the building not be occupied for any business until the building was brought up to biilding codes structurally. The building inspector at that time a lung with the City Engineer felt that the building was structurally unsound and would need major repairs to be safe for other seas. The City has not allowed the building to be used for any purpose other than storage since that time but in roviowing the matter with the City Attorney, Gary Pringle, it has cane to our attention that the main concerns of the City Council and the building inspector previously, were with the old basic building and did not include - 10 - Council Agenda - 4/25/83 the body shop area which was added on after the original building was built. According to the City Attorney, it was his under- standing that the actual body shop building where Mr. Townsend is proposing to locate his repair facility was structurally sound and was not in question at the time an order was issued to have the building brought up to standards. Mr. Townsend would only be renting the body shop portion of the dealership complex and would propose to not have any access into the other portion of the building from the body shop. He had indicated that the doors would be locked from the body shop to the rest of the building and possibly if this conditional use is approved, it maybe should be recommended that the doors from the body shop arca be permanently scaled so that Mr. Town- send would not have any access into the other portion for storage, etc. The parking areas on the property of the Monticello Ford building are currently not hard surfaced and according to the City ordi- nances all parking areas should be black topped or concrete. Mr. Townsend along with building owner, Larry Flake, also re- quested that a variance be granted from hard surfacing the park- '-- zrca required for Mr. Townsend's repair facility as Mr. Flake does not wish to expend any money improving the parking area as he does not know the future of the entire building. The Planning Commission recommended approvalof aconditional use permit for an auto repair facility in the body shop area of the old Monticello Ford Building contingent upon: 1. That the parking areas for the busin000 be behind tho building only. 2. That a variance on the black topping and the conditional use permit be granted for one year at which time it would be reviewed. 3. That the old conditional use permit granted to Mr. Townocnd be considered expired for an auto repair facility. 4. That the conditional use permit is to Mr. Townsend only at this facility. In addition to the provisiono that the Planning Commission hao stipulated, I think it would be beat to attach to the permit, notification that the conditional use maylu lifted with 30 or CO days notice should the City or the IIM become the owner of said proporty. As you aware, tho antire Flake Complox is part of the redevelopment area and would bo a valuable piece of property to do some tax increment financing on, should we havo a developer. 1 Council Agenda - 4/25/83 I would hate to see the opportunity to go into a major develop- ment be stalled because Mr. Townsend had 8 months to go on his conditional use for his radiator repair shop. Controlling the conditional use is about the only way we could control the use of the building. Regardless of the length of the lease he may enter with the present owner, if the permit were lifted at the time the City purchased the property, Mr. Townsend could not conduct any business on the site. Should he lose the right to conduct his business, I am assuming that he would be more than happy to move back to his original site so he could con- tinue his work. RECa0M'...MM ACTION: Based on the rccos:endations of the Plan- ning Commission, I also recommend that the conditional use be granted, but that all of the conditions stated by the Planning Commission as well as a notification provision be included and attached as part of the permit. REFERENCES: A map depicting location of the property and a sketch of the body shop area of the building. - 12 - I A \ a1 rps V80 PaYa CO YO�yt for o a vaiian atgit�9 aY�a' q=o0 PAT4ICKi r! •+p . j"'�- .:p� .`�.. «~'t'.^ . III .{ +�,. \ I tr..�'' 7 �-..,i ` •.,,�. _ y ch ..� �� �'~•ti . f' `a�, '•+ `:� .,,,fir-». ''+/ t �. ! ,. ?��_ ti• -L"./, y.•.„'4+i �.. < (t< fie. "% • • r.. I l ' n ,'� � % ("'` C � •_ �� J y i ` )) fi•.•�”' ...1 C • ' 7. i � �.� ;'",y.a� • r� '�"• � ; `, t �, �1} •� , •• r.,,ti .,,7�(,....' 4��� (,� , r�-.. 4. , �� 1�. f`^,�„"` �t .fk ..r l�'2') r.'~ ;,.�. •;� i �:'.•.•J ;.«.;,„r ;''1 � Vit; �. ....'.�� • _._._: ... � *•� +. .- � ', .. �t , 1N0. � to Council Agenda - 4/25/83 10. Consideration of a Variance Request for Permanent Banner and Permanent Portable Siqn -McDonald's Corooration. (R.W.). McDonald's of Monticello, 100 Oakwood Drive, has applied for a vari- ance to be allowed to display a heavy vinyl 2 foot by 23 foot banner on their roof overhang permanently. In addition, McDonald's also requested that they be allowed to use a 6 by 6 foot portable sign near the entrance on their property that would advertise certain specials, etc. City ordinances due allow the use of search lights, banners, pen- nants and similar devices along with portable signs but only on a temporary basis of ten days maximum and only twice a year (every 180 days). In addition, the City ordinances indicate that portable signs shall be restricted to inforawAtion only and may not exceed four square feet. The portable sign requested by McDonald's would be approximately 24 square feet. McDonald's has requested the use of a banner that would be changed throughout the year and would not always be up every day but would promote different items or specialties. I would assume that the portable sign tieing proposed would nrolwbly M ugeA to nAvarti4e certain specials and would probably be a permanent typo fixture even though it is portable and could be moved about the proporty. McDonald'a currently has complied with the City ordinances and has one pylon sign and one wall sign which nays McDonald's. Under ordinance Section 10-3-9 E (b) 2, the City allows either wall or pylon signs or a combination of both. However, only two product identification signs and one premise identification sign are allowed and these wall signs must be only on one soparato wall. In addition, the sign area on the wall is limited to 10% of the gross silhouette area of tho front of the building up to 100 square feet. Although the banner would probably be used to identify a product, the proposed location of the banner would not be on the same wall as their present McDonald's sign in and would not moat the and inanco. 'rhe Planning Commission at the public hearing on this request expressed concerns over the possiblo precedent this type of variance might act an it could open up requests for many businesses for similar typo addigonalaigns. A motion was made by a Planning Commission member to grant the variance request to McDonald's, but the motion did not receive a second end therefore was basically denied. McDonald'a Corporation line since then requested that the Council hoar this variance request and appealed the Planning Conmiusion'u decision. I Council Agenda - 4/25/83 POSSIBLE ACTION: Consideration of approving or denying the variance request for a banner and a portable sign. REFERENCES: Planning Commission minutes and a copy of the letter from McDonald's appealing the Planning Commission's recommendation. 14 - i 5. Public Hoar inq--=Variance Request for Permanent Banner and —"Permanent Portable Sign - Mc Donald's,Corporation. T McDonald's Restaurant of Monticello applied for a variance to be allowed to display a heavy vinyl 2 foot by 23 foot banner on their roof overhang permanently. In addition, they also requested to be allowed to use a 4 by 6 foot portable sign on their property that would advertise certain specials, etc. The manager of the restaurant indicated that the vinyl promotion banner would be located on the roof soffit on the south side of the building.and would not: necessarily W permanent in nature but they would like L. be able I,lanning Commission Minutes - 4/12/83 to use it on various occasions thruughout the year to advertise certain promotional items. It was also noted by the restaurant manager that the portable sign would be located near the build- ing mainly during the summer months to also advertise specials and promotional items. City ordinances due allow the use of banners and portable signs tut only on a temporary basis of 10 days maximum and only twice a year (every 180 days). Ordinances also require that the t{ pertable sign not exceed 4 square feet and the proposal by McDonald's would be for approximately a 24 foot portable uign. The Planning Commission members expressed concerns over the Possible precedent this variance might not as it could open up requests from many businesses for similar type additional signs. It was also noted that if a bannct in basically used all year long, it just become another sign and would not meet the ordinance's intent of allowing a temporary banner for promotions, etc. it was noted Irl the restaurant manager that Im felt the changing of messages on Iloth the portable eign and the lannor would increnne sales and should not be considered the same as a permanent uign. Mr. Larry Flaiho of Monticello Ford recommended to the Planning Commionion that possibly tht ordinances should bo changed to allow for a longer pw:riod of time that portable Signa and banners could be used to say 30 days with possibly a 30 day waiting period in between cath issuance of a permit. IIs felt that portable signo have become quite popular for advoitising prumotional and special items and that possibly the City's ordinance is to restrictive. After further discussion un the item, a motion was made by Schaffor to tyrant the variance request to McDonald's. Since the motion did not receive a second, the variance request wan denied. 6. Public Ilearinq - Conditional Use to Allow Outside Solos an0�0 D4uipmment Rnntol (U-11nul Trailers) - Masa Tire Fnrvice. Mr. Jim noun of Moua Tiro Service, South Ilwy 25 requooted a e—dltino..t „ _ .-_i, to h.. ..11—A to I-- n.,rdeor otorago Avril 18, 1983 McDonald's of Idonticello 100 Oekvo-i Drive Monticello, MirmecoLn 55362 Planning Commission Monticello, Minnesota To Whom It May Concern, We wish to avreal your previous decision concerning our variance request. We feel that our situation is a unique one and the rlacement of our sign would only be vistable from our rroperty. The banner would be 2 x 23 feet and made of a very durable material. The banner would bo securely attached to our building.^ = McDonald's Corportion only uses professional, attractive advert- isement. ncerely,i Jim flennlor, Nanager Sucio ?spf, Community Relations �J /O LW4NUB O/ Mc00MKOb Council Agenda - 4/25/83 11. Consideration of a Variance Request to Allow for a Pre -Formed Curb - Silver Fox Motel. (R.w.) (Appealed from Planning Com- mission. Previously, Reinert Construction Company of Sauk Rapids on behalf of the Silver Fox Motel, requested a variance as part of their current expansion project to eliminate a portion of the permanent curb and gutter on a new area for their parking require- ments located on the south and of the project. The Planning Commission at their February, 1983 meeting denied the request to eliminate any of the required curb and gutter for the new parking area and as a result, a question has come up concerning the use of pre -formed type casting of curb and gutter in lieu of a constructed in place concrete curb. The Silver Fox Motel requested that they be allowed to use this pre -formed type curb and gutter only in ono location, that being along the southerly edge of the now parking area for 21 spaces as shown on the enclosed plot plan. Their basic reason for re- questing to be allowed to use a precast type curb is that it can be removed in the future for future expansion which they propose if the motel develops in the future further. They feel that if they are required to put in a permanent concrete curb at the present time, it will Just have to he torn uu and removed should an additional expansion take place for 22 more cars. They noted that all additional now areas for parking expansion under the present construction project would contain the new permanent curb and gutter. City ordinances require that a curb be concrete, insurmountable and contiguous. If a precast type curb and gutter is used, it would not necessarily moot our current ordinances and thus, this in the reason for the variance request. The Planning Commission and City Council did approve in approxi- matoly Juno 1979, the installation of a precast typo concrete curb for both the Tan Thumb Store and Rost-In-Wobb Printing located in the Oakwood Industrial Park. The Council approved those two variance requests on a trial, exporimontal basis to sea how this special type of curb would stand up. Since th000 two approvals in Juno of 1979, no additional requests have been mads that 1 am aware of to use this similar typo of curb. Possibly, the Council members should try to take a look at the curb and gutter at the Tom Thumb Store to got an Idea of what typo is being proposed. Although this request is a little different from Tom Thumb's in that Tom Thumb does not plan to remove this pro -formed curb and install now contiguous concrete curb in the future, the Silver Fox hotel indicated ` they would be willing to replace this prc-formod curb and gutter f`Il. onto the parking lot is expanded to its future design size. - 15 - Council Aoenda - 4/25/83 The use of preformed type curb and gutter has been reviewed by the City Staff including the Public works Director, John Simola, and it is our recommendation that for a permanent type curb, we feel that this type of curbing does not stand up to a permanent concrete formed curbing. If you have a chance to look at the curbing at the Tom Thumb Store, you may notice that some of the individual curb sections have been moved either by bumping into them with care or possibly during snow removal operations and the pre -formed curb does seem to have clot of cracking and chipping. It would be the City Staff's recommendation that possibly in the future, precast curbing should not be considered as a permanent solution for curb and gutter requirements but could be used in cases where it appears that the curbing would have to be removed for future expansion or other reasons. If it appears reasonable that the Silver Fox Motel would expand their parking lot where they have indicated in the future, possibly a variance for this type of curbing could be granted with the understanding that when the parking lot is expanded to its future design size, the City would require a permanent curb and gutter. The Planning Commission recommended that this variance be denied for the following reasons: 1. %cccrding to the site plan presented, the majority of the future expansion of the parking area al the motel would he located to the east of the present building and the likelihood of expanding the parking lot to the south of the building seemed remote. 2. The Silver Fox Metal currently has a large amount of parking areas that do not have permanent curb and gutter and that a previous variance was granted allowing them to continue to use curb stops only on their old parking lot and they did not feel this would be a hardship in requiring the new parking areas to have permanent curb and gutter to most City ordinances. 3. The Planning Commission felt that if the main reason for the variance request was that it might have to be removed later to expand the parking lot, the cite plan indicates that only one additional row of parking would over be inatallod and recommended that possibly the Silver Fox Motel should consider enlarging thio parking area under their current construction program and then install the permanent curb and gutter, yet this year. POSSIBLE ACTION. Conaiduration of approving or denying the variance roquoutfrom Silver Fox Metal to use pro -formed curbing around tho south and of the now parking lot only. R6FIM LACES: A copy of the site plan with proposed pro -formed curbing area outlined and a copy of the Planning Comuniaaion minutes. J 4. Public Hearinq - Consideration of a variance Request to Allow for a Pre -Formed Curb - Silver Fox Motel. Reinert Construction Company of Sluk Papids on behalf of the Filver Fox Motel, requested � variance to 4 allowed to use ,{ the pre -formed type of curb and gutter along the Southurly \• edge of a now parking area bL ing developed at the Silver Fox rote 1 . Plenning Commission Minutes - 4/12/83 The new parking areas are the result of an expansion currently taking place at the motel site. Their reason for requesting to be allowed to use a pre -cast type of curb is that it could W removed in the future to allow for future expansion of the parking area if the motel develops further. They also doubt that if a permanent curb to meet the City ordinances was in- stalled at the present time, it would have to be torn up and relocated in the future at an additional cost to allow for the expansion of an additional 22 more parking spaces. City ordinances require that a curb to, concrete, insurmountable and contiguous, but it wan the Planning Comumission's opinion that a pre -cast typ.: curb and gutter would not currently meet City ordinances and would not be allowable ns a permanent solution. It was also noted by the Planning Commission that according to the site plan presented, thu majority of the future expansion of the parking al.;a at tho Silver Fox Motel will be located to the east of the presunt building and the likelihood of expanding the parking lot to the t:outh of Chu building seemed remote. Concerns were also expressed by Planning Commission members that the typo of curbing requested does not meet the standards originally Intended by the City for permanent curb and gutter and as a result, a motion was made by Schaffer and seconded by Dowling and unanimously carried to deny the variance request allowing the Silver Fox Motel to use the pre -formed curbing around the south end of their now parking lot. It was also noted for the record that the original parking lot at the Si Ivo r Fox Motel does not have permanent curb and gutter and that a variance was granted previously to allow them to continuo to use curb stops only and they did not fool this would be a hardship in roquiringthe now parking areas to have permanent curb and, gutter to moot City ordin- ances. c /r C C% Council Agenda - 4/25/83 12. Consideration of Grantinq a License to Sell 3.2 Beer and a License to Sell Set-ups to the Monticello Lions. (T.E.). Mark Irmiter, representing the Lions, requested the Council issue a one day 3.2 Beer on -Sale License and a one day Set-up License, so the Lions could host the Duck Unlimited Banquet out at the Roller Rink. We issued the one day license last year under the same circumstances. They, of course, would be required to sub- mit all of the necessary insurance and documentation before they would be issued the actual license. Also, we grant these one day licenses only twice per year to any single organization. The Lions are planning to apply again for the 4th of July celebration ao thev have done in past years. Those are the only two uses that the Lions apply for throughout the year. A simple motion and second authorizing the issuance of a license upon receipt of the proper insuranco and bonds is all that would be necessary. There are no added references for this item. may= t C Council Agenda.- 4/25/83 13. Consideration of Purchasinq Software for the Treatment Plant. (J.S.). The computer at the Wastewater Treatment Plant is currently used for preventive maintenance of the equipment within the )plant. There is software available for this computer to aid in the actual operation of the plant. The two programs we are consid- ering at this time are "Sludge Quality Control" and "Mean Cell Residence Time/Food to Micro -Organism Ratio". These programs would log data and assist in making determinations for operational changes as well as make countless calculations. The data logs could also be printed for a permanent record. The cost of these programs is $1,200. It is eotimated that these programs would free up the operation for three hours a week to perform other tasks. Using $10 Per hour, the cost of those programs would be recovered in one year. we have a budget for 1983 of $2,000 for computer software. We intend to request additional programs involving property management and inventory later. REFERENCES: A copy of letter from Kirkham, Michael and Associates with the purchase agreement for these two disco and a copy of the explanation of each program. -le- KIRKHAM, MICHAEL AND ASSOCIATES OMAHA.M.INNEAPOLIS-DES MOINES-ROCHE STEP ARCHITECTS -ENGINEERS -PLANNERS Mr. Jim Miller Plant Superintendent Rt. 4, Box 83A Monticello, Minnesota 55362 Dear Mr. Miller: In response to your request, we are pleased to send you this letter agreement for furnishing two of our OperAid Activated Sludge Control Programs. The computer programs, to be adopted to your facility are valuable as an operational aid. They will calculate the Dynamic Sludge Age, using a seven (7) day moving average, they will utilize the Mean Cell Residence Time and the Food to Microorganism Ratio as an aid to helping you determine sludge wasting quantities and needed mixed liquor concentrations. Our services include the entry of constants from the Monticello Plant into the programs, the delivery Lo you of a disk with Lhe master programs on it, telephone consultation on use of the progians and Ulr dviiVecy LG 'y wu ui 6iapLeY7 iv[ yuuL CULLCIIL OperAid users manual that describe use of thr programs. The fee for the above described service is $1,200.00 due and payable with 30 days of invoice. we believe these OperAid Programs will be a definite aid to the operation of your plant, and one that can be expanded to include other time saving and operational aids. If this agreement is satisfactory, please sign the duplicate original in the space provided below and return to us. Very truly yours, KIRKHAM, MICHAEL i. ASS"OC�IATES Robert L. Behrens Process Analyst This Agreement is accepted on this day of 1983. Monticello, Minnesota Title C-1(2) 01 1O W051 Dodge Road, P.O. Bur 14129. Omahn, Nebraska 68114 (402) 393.5630 6571--, �` - f �T" A OPERAID PROCESS CONTROL PROGRAMS MONTICELLO, MINNESOTA Activated Sludge Monitoring Program. This program models the "Sludge Quality Control" procedure, which calculates a,Dynamic Sludge Age and was developed for monitoring activated sludge processes. Based on laboratory and loading data, changes in system operation are recommended for improving biological treatment. Selected results from this monitoring procedure are displayed on the screen and can be printed by the computer. Mean Cell Residence Time (MCRT) - Food to Microoganism Ratio (FM) This program utilizes the MCRT calculation to aid in determining waste sludge rates and the FM ratio as an aid in determining necessary aeration tank concentrations. The results from the program calculations are displayed on the screen and can be printed by the computer. 1 C GENERA(. FUND -- APRIL - 1983 AMOUNT CHECK NO. Hawkins Chemical, Inc. - 3 ton chlorine 710.10 17135 J. W. Miller Const. - 4th St. Warming (louse const. 7,109.80 17136 MN. State Treasurer - License Center - Dep. Reg. fees 58.00 17137 Gwen Bateman - Animal Imp. expense - March 409.26 17138 Corrow Sanitation - Contract 3,761.50 17139 Gerald Hermes - Cleaning Library 125.00 17140 State Capitol Credit Union - :ayroll ded. 178.68 17141 Mr. Arve Grimsmo - Mayor salary 175.00 17142 Mr. Dan Blonigen - Council salary 125.00 17143 Mrs. Fran Fair - Council salary 125.00 17144 Mr. Ken Maus - Council salary 125.00 17145 Mr. Jack Maxwell - Council salary 125.00 17146 YMCA of Mpls. - Contract payment 284.16 17147 James Preusse - Cleaning City Hall 250.00 17148 MN. State Treasurer - Dep. Reg. fees 90.00 17149 State Treausrer - 1St Qtr. 83 Building parrit surcharge 565.61 17150 Buffalo Lock 6 Key - 7 keys duplicated 20.30 17151 Wright County State Bank - FWT - March 3,647.50 17152 MN. State Treasurer - PERA 1,570.41 17153 VOID -- 17154 MN. State Treasurer - Dep. Reg. fees 61.00 17155 Burlington Northern R. R. - Deposit for 3 open cuts at Meadow Oaks sub -division 4,450.00 17156 Commissioner of Revenue - Water excise tax 156.89 17157 Treasurer - Municipal Clarke Assoc. - Membership dues - Tom E. 15.00 17158 State Treasurer - Social Security Fund - FICA - March 4,000.74 17159 Municipal Clerks 6 Finance Assoc. - Membership dues - Kick 15.06 ii 1 C Flicker's T -V - Microwave - Adm. Bldg. 225.UO 17161 Jerry He rates - Cleaning Library 175.00 17162 State Capitol Credit Union - Payroll dud. 179.04 17163 J. W. Miller, Jr. - Bldg. Insp. fens - 3/18 thru 4/15 1,080.00 17164 MN. State Treasurer - Dep. Reg. fees 69.00 17165 Commissioner of Revenue - SWT -March 2,019.68 17166 North Central Public Service - Utilities 3,087.60 17167 Davis Electronics - Pager repairs - Fire Dept. 68.69 17168 SMA Elevator - Reproduced plans - Fire hall 12.00 17169 Golden Valley Furniture - 4 swivel chairs for Library 774.80 17170 Suburban Gas - Street supplies 14.36 17171 Bridgewater Telephone. - Telephone 742.87 17172 Marco Business Products - Adm. supplies 192.83 17173 Ranker's Life Ins. - Group Ins. 2,460.74 17174 R 6 C Assoc. - 2 gas additives 12.17 17175 lot Bank Mpla. - Public activity fund charge 4.00 17176 National Life Ina. Co. - Tom Eidem's pension plan payment 85.00 17177 Minneapolis Star 6 Trill. - Adv. - Bldg. Insp. position 307.20 17178 St. Cloud Daily Times - Adv. - Bldg. Insp. position 55.08 17179 Wr i 1111 County highway Dept. - Crack filler'. 960.00 17180 Monticello Printing - Brochures - Hist. Museum 6 env. - Fire 257.35 17181 Robert Jameson - Display case 6 carpet Sweeper - Vliet. Museum 55.00 17182 St. Cloud RuaLalll'ant Supply - 1 gsl, hand soap - Library 7.86 17183 Northwestern Bell - Fire phone 36,43 17184 Phillips Petroleum - Gas - Fire 6 Water Depts. 15.63 17185 West Publishing Co. - MN. Session Laws - '83 55.00 17186 Leef Bros. - Uniform rental fee 129.50 17187 Our Own Ildwo. - Misc. supplies for all Depts. 532.45 17168 St. Cloud Fire Equip. - Recharge extinguishers 52.00 17169 0. K. hardware - St. supplies 38.21 17190 t. GENERA!. FUND _ �pRp AMOUNT CHECK NO. Independent Lumber - Supplies for all Depts. 152.53 17191 Coastto Coast - Misc. supplies 167.28 17192 Monticello Fire Dept. - Wages thru 4/15/83 553.00 17193 State Treasurer - State Surplus Property Fund - St. supplies 60.17 17194 Medical Oxygen 6 Equip. - Resuscitator - Fire Dept. 341.18 17195 North Star Waterworks - 500' wire - Water Dept. 47.22 17196 Neuer, Madden b Cruesner - Legal fees - personnel issue 3,300.00 17197 Monticello Times - Publishing 676.01 17198 Wright County Sheriff - Police contract - March 9,041.98 17199 Hayden Murphy - Air compressor - Street Dept. 6,215.00 17200 Olson Electric - 4th St. Warming house - city hall wiring 1,120.43 17201 Maus Foods - Supplies for all Depts. 63.12 17202 John Simola - Misc. expense reimbursement 20.21 17203 MN. State Treasurer - PERA W/11 1,481.09 17204 Rick Wolfateller - Mileage 51.87 17205 MacQueen Equipment - Sweeper parts 1,081.20 17206 Hausladen Agency - Spray gun b pillow backed stool - St. Dept. 53.41 17207 Equitable Life Ins. - Ins. W/11 40.00 17208 Northern States Power - Utilities 8,546.35 17209 T b T Radiator - Radiator repair 25.00 17210 Local {149 - Union dues 95.00 17211 Wright County Journal Press - Sub. 10.00 17212 Power Process Equip. - Whitc-lon - Sewer Dept. 151.04 17213 MN. Assoc. of Civil Def. Directors - Membership dues 3.00 17214 Kroy, Inc. - Lettering machine 556.00 17215 international City Mgmt. Assoc. - Compensation book 50.00 17216 Water Products - I" meter b hyd. top assembly - Water Dept. 588.68 17217 Den Franklin Store - Adm. supplies 7.84 17218 Howard Dahlgren Assoc. - Planning fees - March 13.50 17219 Continental Safety Equip. - 6 cap/chain assembly - Fire Dept. 31.81 17220 Wright County Auditor - 3 police fines - March 805.35 17221 Central McCowan - Cyl rental 2.24 17222 Dan Marsh Drugs - Camera for library 431 .%S Share Corp. - Cleaner - epoxy bond 215.64 7f2ZL 17225 Mantek - iron cretse - St. Dept. 53.10 17226 Harry's Auto Supply - Misc. supplies 167.65 17227 Lindberg 6 Sons - Park supplies 228.85 17228 National Bushing - !titch, clamps. bolts, bearing, etc. 94.92 17229 Wright Service Oil - 75 gal. oil - Bal, 7th St, b Meadow Oak !,5.16 17230 Orr Schelen Mayeron b Assoc. on 15.70 11 17231 Mr. Al Nelson - Sub. Bridgewater Telephone - Disposal plant b reservoir telephone Sl5.77 !7232 Wright County State. (lank - Toclose out checking account 2,682.88 16911 into new checking account 20,463.03 Payroll for March TOTAL DISBURSEMENTS FOR APRIL - 1983 $103,421.18 L C LIQUOR FUND A?MW CHECKNO. APRIL DISBURSEMENTS - LIQUOR - 1983 Commissioner of Revenue - Salem tax - Feb. 3,053. 30 10676 State Capitol Credit Union - Payroll ded. - Mark I. 20.00 10677 Wright County State Bank - FWT - March 538. 20 10678 Ed Phillipe 6 Sons - Liquor 6,546.67 10679 Griggs, Cooper 8 Co. - Liquor 2,887.67 10680 Johnson Bros. - Liquor 785.57 10681 MN. State Treasurer - PERA 201.69 10682 Commissioner of Revenue - Sales tax - March 3,392. 21 10683 State Treasurer - Social Security Fund - March 466.68 10684 State Capitol Credit Union - Payroll ded. 20.00 10685 Commissioner of Revenue - SWT - March 258.00 10686 Banker's Life Ins. - Croup Ins. 553.16 10687 MN. State Treasurer - Pern 238.13 10688 Midland Beverage - Wine 19.90 10689 Crosslein Beverage Co. - Beer, etc. 11,600.30 10690 Thorpe Diet. - Beer 3,513.55 10691 A. J. Ogle - Beer 651.70 10692 Dick Beverage - Beer 1,822.95 10693 Day Diet. - Beer 78.25 10694 Dahlheimer Diet. Co. - Beer 4,943.96 10695 Monticello Office Porducts - Supplies 36.91 10696 Vn IIl -- 10697 7 Up Bottling Co. — Misc. mdse. 307.30 10698 Jude Candy 6 Tobacco - Mise. mdse. 390.82 10699 Viking Coca Cola - Misc. mdse. 397.90 10700 Maus Foods - Store supplies 34.09 10701 Coast to Coast - Cleaning supplies 6.08 10702 Old Dutch Foods Misc. mdae. 165.35 10703 Monticello Times - Adv. 46.55 10704 Northern States Power - Utilities 459.26 10705 North Central Public Service - Utilities 224.64 10706 Yonak Sanitation - Contract 82.50 10707 Leifert 'trucking - Freight 249.35 10708 Bridgewater Telephone - Telephone 54.22 10709 Midwest Wine Co. - Wine. 1,507.99 10710 Twin City Wine Co. - Wine 3,079.93 10711 Griggs, Cooper - Liquor 1,243.25 10712 Ed Phillips 6 Sone - liquor 6,784.36 10713 Payroll for March 3,344 .8 TOTAL DISBURSEMENTS - APRIL - 1983 $60,007.19 70: Arve Grimsmo, Fran Fair, Dan Blonigen, Ken Maus and Jack Maxwell. FROM: Rick Wolfsteller, Assistant Administrator. DATE: Monday, May 2nd, 1983. TIME: 7:00 P.M. PLACE: Monticello City Rall, Council Chambers. SUBJECTS: Board of Review Meeting. Changs Order Request - John Simola. Approval of Easement with Moadcw Oak- Dick Knutson. See Attached References. C MEMO TO: City Council Members FROM: Rick Wolfstoller, Assistant Administrator DATE: Friday, April 29, 1983 SUBJECT: Board of Review - May 2nd, 1983 - 7:00 P.M. Mr. Orlan Krietlow, from the Wright County Assessor's office, will be at the Board of Review Meeting at 7:00 P.M. on Monday , May 2nd, 1983, to answer questions any property owners might have in regard to their valuations for 1984. The Board of Rrvir_w has throe main functions to perform: l1. Review of assessor's list making sure that all taxable property in the City has been properly placed upon it. 2. Review the aosessor's valuations, striving to standardize the ratio between market value and adjusted market value for each individual piece of property. 3. Tlue Board must hear and settle the complaints of the individual property owners regarding valuations which have been placed on their property. In order to give the Council an idea of increases in market value as of January 1983 for taxes collectible in 1984, I have enclosed a comparison of several homes with valuations for the years 1981, 1982, 1983 and 1984. Thoae are the same properties that comparisons ware done on during the pact few years. As you can see, in moat cases, the market values have increased only slightly in the 2 to 3% category and I assume this would hold true for most residential property in Monticello. After completion of the Board of Review, tho City Council should adopt the assessor's list of property values with any adjustmonta that it makes. Tho Board may not roduco the total amount of the valuations by more than It. unless it also makes comparable in - crosses and asscasmenta against other parcels of proporty. The Board may not increase the valuation on anybody's property without first notifying the property owner and giving him an opportunity to be heard. ':A:,i,;- VALUE 9 Value 9 1-1-i?80 1-1-1911 PF -2. CENT 1-1-82 of 1-1-83 of :AYAB:.E PAYAB:,£ OF Payable In- Payable In- ,,,,,__ PARCEL N_':M£F. .TOAL DESC%EP'I_Oi: 1981 1982 IN,-RZASE 1983 crease 1884 crease aplin 1:5-014-001010 Ent 1, Block : 5 45,950 $ 44,707 7.31# $47,145 5.2% 48,100 2.0! Hogl-nd Addition Hal 1'r3hl 155-015-009n4'> Lot 4, Brock 9 58.077 62,441 7.59 64,746 3.79 65,800 1.69 Lower Monticello 9 11in 155-015-019011 long Des., Block 19 78,203 84,122 7.59 88,321 5.09 89,400 1.29 Inver Monticello P.oi Lauinq 155-020-002010 Lot 2, Block 2 68,700 77.731 13.19 81,196 4.49 82,200 1.29 River Terrace Floyd Johnson lSS-020-001060 Lot 6, Bloc's 1 6:,638 701534 1^.81t 75,551 7.19 76,600 1.49 Piver Terrace Audre• sa.-Ab: erq 155-020-702f60 Lot 6, Block i 76,337 77,7c: :.99 79,866 2.79 80,900 1.39 R'ver Terrace Steve Johnson ISS -023-001080 Lot 8, Block 1 83.180 9i.:1', 1:..04 96,834 5.89 97,900 1.19 =Derr Estates !site Slagter 155-026-001080 tot 8. Flock 1 48,821 5" 10.09 57,838 7.69 58,900 1.89 AnJers Wilhelm Estatef an White 155-828-00112L tat 2, Block 2 86,161 _ - 4.5t 95,421 6.09 96,400 1.09 CID Sandberg Riverside Mel Wolters 155-028-001070 rot 7, Block 1 101,167 lc'?' 125 5.99 111,640 4.29 112,700 0.99 Sandberg Riverside Lloyd land 155-813-001130 Lot 13, Block 1 46.991 ::.4 9.59 57,414 11.5 58,400 1.79 Hillcrest Addition Blaine Nobbs ISS -013-001070 Lot 7, Birck 1 52,266 ,._. 9.49 61,279 7.1 62,300 1.79 Hillcrest Addition Frankie Peterson ISS -020-002040 ;ots 4 s 5. Block 2 49,940 5=.. 4.4t 54,622 4.7 55,600 1.89 i:iver Terrace VALCE VA:.UE value KAME P.SC.=EL Iro. LEGAIL DESCRIPTIVI 'ie Decker 155 -C1, -O^9060 Lots 6 6 7, Block 9 1981 1982 Original Plat, Monticello Steve Bam,ar ISS -010-008050 Lot S. Block B 40,300 50.283 Original Plat, Mnntieello Arthpr ilsese 155-010-029040 Part Lots 4-7, Bleck 29 25,575 30,097 original Plat, Monticello Ed :Ange :5S -L10 -c29020 Part Lot 2 c ', Block 29 79,SSO 82,562 Original Plat, Monticello Richard wick 155-010-633030 Lot 3, Block 33 - 35,068 Original Plat, Monticello Donald Mona 155-G:0-046090 Iota 9 c 10. Bloc:: 46 63.53C 66.928 Original Plat, Montice::c George Phillips 155-0-4-G4504C Lots 4-7. Block 45 6.7% 38,400 Plat, MoL_icel:c CzOriginal 7,2% 55,100 dia blransor: 155-010-048131 Lots :3 c 14, Bl« -k 4B 71,200 1.4• original Plat, Monticellc TbcmB WON 15S-010-050140 alts 14 6 15, Block 50 Original Plat, Monticello Coo iohnsoo 1S5-010-457050 Int. 5-7, Block 57 Original Plat, Monticello cove Bader 155-014-001020 int 2. Block 1 Boglund Addition VALCE VA:.UE value 1-1-196 1-1-1981 PER CENT PAYABLE PAYABLE OF 1981 1982 INCPY-946E S 22,685 S 25,115 10.7% 40,300 50.283 24.7• 41,480 46,050 11.0% 25,575 30,097 17.6• 30.985 35.200 13.6• 79,SSO 82,562 3.1% 73,505 77.027 4.8% 31,910 35,068 9.9% 42,820 46,593 8.8% 63.53C 66.928 5.3• 56,245 63,918 13.6% value % value • 1-1-82 of 1-1-83 of Payable In- Payable In - 1983 crease 1984 crease $26,638 6.01 27,600 3.6% 52,782 5.01 53,800 1.9% 49,221 6.9% 50,200 2.0% 32,336 7,4% 33,300 3.0% 37,727 7.2% 38,700 2.6% U,612 4.91 87,600 1.11 • 81,307 5.6% 82,300 1.2% 37,420 6.7% 38,400 2.6% 49,956 7,2% 55,100 10.3% 70,246 5.0 71,200 1.4• 67,438 5.5 66,400 1.4% MEMO TO: City Council Members FROM: Rick Wolfsteller, Assistant Administrator DATE: Friday, April 29, 1983 SUBJECT: Council Consideration of a Change Order on Wastewater Treatment Plant and Request by Meadow Oak Developers for an Easement Approval on May 2, 1983. Two items have bean brought to the Staff's attention by the Public Works Director, John Simola, that are requested to be acted on Monday night either before or after the Board of Review Meeting. Normally, the Council does not act on official business other than tho RMrA of Review, Mit since the Cnuncil will he mnetinn nn ( Monday, May 2nd, as a group, John requested that the Council consider approving this one change order as early as possible as the PCA indicated it probably would be approved if submitted as soon as possible. Also, a request has been made by Mr. Dick Knutson regarding the Meadow Oak Subdivision,requeating approval of an additional ease- ment within the Meadow Oak Plat for thu purposes of providing electrical power to the subdivision. Attached, you will find come information regarding both of those items. CHANGE ORDER 097 FOR WASTEWATER TREATMENT PLANT John Simola The inspection of the Wastewater Treatment Plant by the PCA and the Corps of Engineers on Tuesday, April 26th did not reveal the need for any additional change orders on their part. During the inspection I discussed the methane gas conversion of the boiler with Karen Vaughn. Karen is with the PCA technical review section and she makes the de- termination as to whether or not a change order is fundable. She told me that such a conversion is fundable if it is proven cost effective. She also indicated the change order should be processed as soon as possible. Jerry Corrick is preparing the cost effectiveness report and will have that ready early next week. I am asking tonight that you approve change order 097 for the dual fuel conversion at a cost of $7,774.00. The amount presently left in the construction fund is $4,801.93, however, we have received information that portions of some change orders may not be fundable. One such item is the pressure washer which was approximately $2,yuu. 'i'nIS would just about CUVUL Lim �. difforonce by itself. MEADOW OAK POWER LINE John Simola NSP has the responsibility to serve Meadow Oak with power. Their line is located along Co. Rd. 118 near the southwest corner of the plat. Approximately one month ago or more, the City Staff met with NSP officials to discuss the proposed service type and location. NSP in conjunction with the developer had proposed overhead power within the development. This line would corn: north of Co. Rd. 118 along the west plat line until it reached the existing overhead transmission easement belonging to CPA. NSP would then route their service overhead along this easement east to the lift station. The City Staff pointed out that the City ordinances prohibit overhead power within the subdivision. NSP pointed out that it could cost 5 times as much to put all the power underground as more switch stations and looping were necessary. They asked why they would not be allowed to at least go overhead cn an existing power line easement (our proposed park dedication) that al- ready had overhead power. After much negotiation and discussion, a compromise was reached. The City would allow overhead power along the existing casement only in those areas where the line would be shielded or hidden by trees. All other areas were to beunderground. In addition, as per ordinance, no addiLiunai uuw uvur- head 0neements were to be granted. The only small problem for NSP now is to reach the existing casement. The oxioting casement is just three hundred feet off of Co. Rd. 118 at the plat's southwestern corner. So NSP was to obtain a new easement "outside of the plat" and run overhead to the existing easement. we recently learned that Mr. Dickman Knutson and Mr. Boyle were having a problem with the new casement. In a meeting on Thursday morning, Rick wolfstallor and myuolf and Ron Naugland of NSP mot with Mr. Knutson and Mr. Boyle to discuss the problem. Mr. Knutson stated that it would be difficult to obtain a 25 foot casement from the adjoining property owner as this is crop land and owners can seek high raimburoemento for such casements. Mr. Nauglund stated it would be impossible to go underground for this 300 feet and then overhood,ao a lightning trap would be created. It is not possible to obtain an casement outside the plat, an Mr. Knutson hao indicated, no therefore, it is the Staff'o recommendation that a variance be granted for thio 300 foot by 25 foot easement within the plat and that we allow ovoncoad )ower within that casement. C a April 28, 1983 (Ora `110111 es, 911(, "Tomorrow's Hornes Today" Honorable Mayor 8 Members of the City Council City of Monticello 250 East Broadway Box 83A Monticello, MJ 55362 Subject: Overhead Power Line Dear Mayor d Council Members, We have reviewed with Staff and NSP the necessary electric lines that are needed to service the Meadow Oak Development. It has been determined by NSP L LhaL a saviiys of appro.imately '5o,GDo can be rEanzed by oiluwing the instal- lation of approximately 300 lineal feet of overhead service along the westerly line of Outlot I, Meadow Oak. The attached drawing shows the location of the line in question. Ron Hoglund of NSP assured us that by the overhead line approximately 21 building feet east of the west line of Outlot 1 they anticipate no need for any tree removal. we show on the attached drawing the location of the proposed overhead lines. A.11 remaining power lines within the development will be underground. Also, it is our understanding that the City Council has a concern on the amount of public development work that Ultra Hanes will be providing within this development. A summary of these costs are as follows: Original City Contract $731,096 Amount Outside of Project 246,030 Meodow Oak Contract 485,066 Transfer to City Project 75,836 Revised Meadow Oak Contract 560,902 - 704 R. Knutson Private Contract 236,205 - 30% Total Public Development Contract 797,107 -10N 7641 Dallas Lane • t;'nple G,ove. ;.In 55369 City of Monticello April 28, 1983 Page two It is the intent of Ultra Homes to install all streets and utilities during the 1983 construction season except for the blacktop overlay wear surface that will be installed in 1984. I take this opportunity to 'thank' the Monticello Council for its coopera- tion in making this project a success. Respectively, ULTRA HOMES, Inc. Dickman C. Knutson, President OCK:j 14 MEMO TO: Arve Grimsmo, Xan Maus, Fran Fair, Jack Maxwell, and Dan Blonigen. FROM: Willard Farnick, Monticello Fire Chief. DATE: April 25, 1983. I will have the new fire truck tanker on display in the City Hall parking lot at 7:00 P.M., before the Council Meeting, for you to inspect. C