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City Council Agenda Packet 12-08-1997
AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, December 8, 1897 - 7 p.m. Mayor: Bill Fair Council Members: Clint Herbst„ Brian Stumpf, Roger Carlson, Bruce Thielen 1. Call to order. 2. A. Approval of minutes of the special meeting held November 17, 1997. B. Approval of minutes of the special meeting held November 24, 1997. C. Approval of minutes of the regular meeting held November 24, 1997. 3. Consideration of adding items to the agenda. 4. Citizens comments/petitions, requests, and complaints. 5. Consent agenda. A. Consideration of fund transfers for 1997. B. Consideration of an application by Tim Bondhus on behalf of the Monticello School District for an interim use permit amendment to allow mixed occupancy of an alternative learning center located at 1248 Oakwood Drive East. Applicant, Tim Bondhus. C. Consideration of an application by the United States Postal Service for 1) a zoning ordinance amendment to establish governmental and public utility buildings and structures as conditional uses in the B-3 zoning district; 2) a rezoning of a 5.0 -acre parcel of land located east of Highway 25 between 1.94 and 7th Street from I-1 to 13-3; and 3) a conditional use permit to allow the establishment of a governmental building within a 11-3 zoning district. D. Consideration of approving a contract with Ankeny Kell Architects for design services for the Community and Training Center. E. Consideration of appointment of Robbie Smith to the Planning Commission. F. Consideration of authorizing preparation of Water Resource Management Plan for the city of Monticello. Agenda Monticello City Council December 8, 1997 Page 2 G. Consideration of authorizing preparation of a feasibility report addressing the alignment and construction for proposed southeast interceptor. Consideration of items removed from the consent agenda for discussion. Public Hearing --Adoption of proposed assessment roll for delinquent accounts receivable bills and certification of assessment roll to County Auditor. 8. Public Hearing --Adoption of 1998 budget and consideration of resolution setting the 1998 tax levy. 9. Public Hearing --Consideration of vacating a portion of Hart Boulevard. `IA. fy\�t C, 1. A... �« R �.�o��:'jcn P.l f�i• — ._s,d of JT. knilclu l.._ 10. Consideration of an amendment to the Monticello Zoning Ordinance to allow a trucking use and service garage in a B-3 zone. Applicant, Danner Trucking. 11. Consideration of salary schedule adjustments for 1998. 12. Consideration of scheduling meeting with Monticello Township to discuss annexation issues. 13. Consideration of concept PUD to allow the phased expansion of the uses on the hospital campus. Applicant, Monticello -Big Lake Hospital District. 14. Consideration of an amendment to the Monticello zoning map to rezone the Edgar 14ucas property from H-3 to light industrial, publictsemi-public, or a lower density residential district. Applicant, City of Monticello. lb. Consideration of approval of change order #9 for Project 93.14C, Wastewater Facility Expansion. 16. Consideration of bills for the first half of December. 17. Adjournment. MINUTES SPECIAL MEETING - MONTICELLO CITY COUNCIL Monday, November 24, 1997 - 5:30 p.m. Members Present: Bill Fair, Brian Stumpf, Roger Carlson, Bruce Thielen Members Absent: Clint Herbst A special meeting of the City Council was held for the purpose of discussing general items as brought forward by Council members. Items discussed were as follows: 1. Mayor Fair noted that minutes would be taken in terns of a list of topics discussed. 2. Mayor Fair reported that a letter was received from Coun©lmember Clint Herbst stating that he would not be attending the general discussion meetings to be held at 5:30 p.m. before the second regular meeting each month. 3. Tom Moores was present to discuss the notification process for Planning Commission public hearings. 4. Jay Morrell was present to discuss clarification of the policy regarding storm permits issued by the building department and deferring/waiving of fees. 5. Discussion of liaison assignments for 1998. 6. Discussion of condemned house on Broadway --possibly include in scattered site housing. 7. Discussion of current commission issues. 8. Discussion of East 7th Street extension. There being no further business, the meeting was adjourned. Karen Doty Office Manager 2.5 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, November 24, 1897 - 7 p.m. Members Present: Bill Fair, Clint Herbst, Brian Stumpf, Roger Carlson, Bruce Thielen Members Absent: None Councilmember Roger Carlson noted that his name should be corrected on page 2 of the minutes. A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY BRUCE THIELEN TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD NOVEMBER 10, 1997, AS AMENDED. Voting in favor: Bill Fair, Roger Carlson, Bruce Thielen, Clint Herbst. Abstaining: Brian Stumpf. Motion carried. 3. Conaideratinn of ad in f, aLema in the nr n a, A. Add Item bE to consent agenda to consider approving final payment to RKI for Briar Oakes 2nd Addition and River Street sanitary sewer - Projects 96-02C and 96-06C. 4. 067.pniq o ments/netiLon_s. requests. and romplainU. A. Mr. Harold Pittman stated that he was looking for volunteers to help haul trees and brush from the Little Mountain Settlement, which is still being cleaned up due to the July 1 storm. He also noted that if the City would cover the expenses, Schluender would haul the trees and brush. Public Works Director John Simola explained that the City Council offered to assist through December 1 by contracting removal of brush and trees, with the cost being assessed to the property owners for 10 years at an interest rate of up to 8'%. He also noted that Scott Douglas or Mark Wallin of the Monticello Fire Department could be contacted if the Little Mountain Settlement elected to burn the brush. 13. Ms. Billy Jo Smith asked if she should speak at this time regarding the High School Trunk Storm Sewer Project assessment. Mayor Fair noted that comments regarding the assessment would be taken during the public hearing under item p7. Page 1 2► 0 Council Minutes - 11/24/97 Mr. Robert Harwarth questioned how much input the voters would have on the proposed community center and whether a referendum would be held. He also asked where the community center was proposed to he located. Council members and staff explained that a task force was established to study the issue of building a training and community center in conjunction with the National Guard. Proposed financing includes lease revenue bonds, which is still under study by the task force. The proposed location is a 7 -acre site on Walnut and Sixth Streets, which stemmed from citizen input through the MCP plan. No Council action was required. Conspnt ag n a. A. f o aid ra ion of purchasing basing a I 4-nerp lot from TDS Telecom- located on West Coity Road 79 near the public works building. Recommendation: Authorize City staff to purchase the property owned by TDS on West County Road 39 for an amount of $48,500 using reserves from the water access fund. B. Consideration of approval of change order M8 for Wastewater Treatment Plant expansion - P%ect 93-14C. Recommendation: Approve change order #8 to the contract with Adolfson & Peterson in the amount of $25,643 as outlined. C. Consideration of adopting a resolution adopting assessment roll for Briar Onkkcs 2nd Addition - Prgiect 96-02 . Recommendation: Adopt a resolution adopting the assessment roll as prepared by the City Engineer for the 32 lots in Briar Oakes Estate 2nd Addition. SEE RESOLUTION 97-57. D. Consideration of resolution areep ing tho Monticello IJnnF1 Cluh west to adopt the Lions Club Pioneer Park IMein Farms . Recommendation: Adopt a resolution accepting the Lions Club's request to adopt the Lions Club Pioneer Park. SEE RESOLUTION 97-58. E. Consider approving ffinal payment in RKI for Brinr Oakes 2nd Addition and River Street s initnry newer - Praiects g6.02 nd 9R- ffiC. Recommendation: Authorize final payment to RKI in the amount of $126,178.68 upon receipt of all final lien waivers, etc., for the project. A MOTION WAS MADE BY CLINT IIERBST AND SECONDED BY BRIAN STUMPF TO APPROVE THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. Page 2 Zco� Council Minutes - 11/24/97 CQ= None City Engineer Bret Weiss reported that as part of the new Monticello High School construction project, it was necessary for the City to construct trunk storm sewer through the high school parcel to provide an outlet from the Cardinal Hills development, through the high school property, and eventually discharging into various ponds heading toward the Mississippi River. The project also provided lateral benefit for the high school development. The total amount of the project to be assessed is $31,196.29, with the balance of $133,265.02 to be collected by future trunk charges. Mayor Fair opened the public hearing. Cardinal Hills residents questioned whether the assessment was a one-time or yearly charge and whether other developments would also be assessed for utility services. The City Engineer explained that the assessment is a one- time charge that could be paid in full or spread over 10 years. He also noted that since the trunk storm sewer fee program was not in place at the time of the Cardinal Hills development, the City was required to assess when the project was completed rather than collect the necessary amount previously from the developer. However, developers would pay the necessary fees upfront for areas developing after implementation of the trunk storm sewer fee program. There being no further public comment, Mayor Fair closed the public hearing. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO APPROVE A RESOLUTION ADOPTING THE ASSESSMENT ROIL FOR THE 111011 SCHOOL STORM SEWER, PROJECT 97.070, AS PROPOSED. Motion carried unanimously. SEF. RESOLUTION 97-59. too aid rn .on of n appeal of dtnlnl of a variance to the rear 31ard sechn k AppI I a lohny ,1�hnson. Chief Building Official Fred Patch reported that after reviewing Mr. Johnson's appeal for a variance to the rear yard setback, the Council previously tabled the request and directed staff to work with the applicant in an effort to meet the zoning code and satisfy Mr. Johnson's needs. Page 3 21 Council Minutes - 11/24/97 Staff reviewed various options and proposed a site plan using the same size building, sufficient parking stalls, and provided for internal circulation in the area between the two properties with an enter and exit only. However, Mr. Johnson preferred his original site plan which would allow a future addition to the rear of the building if the City vacated the Marvin Road right- of-way. In the plan proposed by staff, any future addition would cause a slight bend in the building. Council discussed the Marvin Road right-of-way and whether it was possible to grant a variance without setting a precedent based on the speculation that it may be vacated in the future. City Planner Steve Grittman noted that the situation was unique in that there was no commitment at this point on whether Marvin Road would be vacated; however, it was difficult to determine how unique this situation would be from future variance requests. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON TO GRANT A VARIANCE TO THE REQUIRED 30 -FT SETBACK, ALLOWING A 10 -FT ENCROACHMENT AS DEPICTED BY THE SITE PLAN SUBMITTED BY THE APPLICANT, BASED ON THE FINDING THAT MARVIN ROAD MAY BE CONSIDERED FOR POSSIBLE VACATION IN THE FUTURE. Voting in favor: Brian Stumpf, Roger Carlson, Clint Herbst. Opposed: Bruce Thielen, Bill Fair. Motion carried. ronsideration ofpr000sed zoning ordinance revisions impj m n ing thf. g9ala and objectives of the Downtown Ravi tali n ion Plan in downtown Monticello - Applicant. C on .i a lo.Appli n ity of Monticello. City Planner Steve Grittman reported that since the adoption of the MCP Plan as an amendment to the City's Comprehensive Plan, a new zoning district was being proposed to implement the Plan which was specifically tailored to the unique aspects of Monticello's downtown. The district was titled Central Community District because it is expected that the district will include more than just business that the common title "Central Business District" would infer. Grittman went on to describe the unique components of the now district and noted that the MCI' would like to we relaxed sign regulations in the downtown area; however, he did not recommend standards which would be too flexibly applied within the CCD district. Once the ordinance language has been adopted, rezoning of a designated downtown area would take place at a future public hearing. Page 4 ?/ V 10 Council Minutes - 11/24/97 AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO APPROVE THE ORDINANCE AMENDMENT CREATING A CENTRAL COMMUNITY DISTRICT AS A LAND USE DISTRICT IN THE MONTICELLO ZONING ORDINANCE BASED UPON THE FINDING THAT THE AMENDMENT WOULD IMPLEMENT THE GOALS AND OBJECTIVES OF THE COMPREHENSIVE PLAN. Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 299. In his staff report, City Administrator Rick Wolfsteller noted that the 9- month gross profit had increased to $348,707 from $321,000, resulting in an operating income at 12.4% of sales. Because the 4th quarter is typically one of the higher quarters for sales volume and income potential, it was estimated that total annual sales for 1997 would be near or exceeding $2 million for the first time. Liquor Store Manager Joe Hartman reported that sales have been good in 1997; however, due to limited storage space, it was his view that his buying power would limit future increases in sales. Mayor Fair noted that perhaps staff could investigate the cost of expansion once costs are defined for the core facility of the community center. No Council action was taken at this time Mr. Al Deruyter, a resident of Buffalo Township, presented information to the Council concerning the proposed FCR Superior Landfill expansion plans proposed for their site in Monticello Township. He noted that the landfill currently accepts garbage from many areas throughout the state and encouraged the City Council and staff to contact their Wright County Commissioners regarding the magnitude of the expansion request. Public Works Director John Simoln agreed that the proposed expansion of the landfill would not be good for Wright County and also encouraged the Council to contact their County Commissioners. No Council action was required at this time. Page 5 ?/ v Council Minutes - 11/24/97 City Administrator Rick Wolfsteller reported that at their last meeting, the Council approved the idea of submitting a proposal to the Township Supervisors concerning amendments to the Orderly Annexation Area in an attempt to resolve the annexation disputes. The proposal as prepared by Planner Steve Grittman was forwarded to Township Chairman Franklin Denn, along with a cover letter offering the proposal as a solution to the annexation petitions. The Township Board discussed the City's proposal on November 17, after which the Township Clerk contacted the City Administrator to schedule the first of three meetings to discuss the annexation proposal as requested by the Municipal Board. The City Administrator requested information regarding to what sections of the proposal were in dispute so that an agenda for the joint meeting could be prepared. The Township Clerk indicated that the Township attorney would be sending a letter in response to the City's proposal; however, it had not yet been received. Township Supervisor Ted Holker responded that he felt it would be better to meet and discuss the proposal rather than responding in writing. Councilmembers discussed whether it would be best to wait until the Township Attorney's response is received prior to scheduling the joint meeting or possibly have the City and Township attorneys meet initially to discuss the proposal. No Council action was taken at this time to schedule a joint meeting with the Township Board. ., ... diliLTtTl1Tl1TiIT1TITe", , A MOTION WAS MADE 13Y BRIAN STUMPF AND SECONDED BY BRUCE THIS LEN TO APPROVE TIIE BILLS FOR THE LAST HALF OF NOVEMBER AS PRESENTED. Motion carried unanimously. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO ADJOURN THE MEETING. Motion carried unanimously. Karen Doty Office Manager Page 6 z V Council Agenda - 12/8/97 BA. Consideration of hand transfem for 1997. (R.W.) With this being the last meeting of the year for the Council, a few housekeeping items should be approved by the Council concerning fund transfers to cover deficiencies in various construction funds and/or other transfers to correspond with our budget. Some of the transfers recommended are actually carry-overs from 1996 that included funds that were budgeted for various projects that are now actually being transferred to the appropriate construction funds. Please review the proposed summary that's included with the agenda that will outline each proposed transfer, dollar amount, and purpose of transfer. Approve the transfers as recommended. I recommend, for accounting purposes, that the above transfers be approved prior to the end of 1997. Without some of the transfers, construction funds will continue to show deficit cash balances while other construction funds may be kept open unnecessarily. Some of the transfers from the capital outlay fund to various construction funds will also more accurately reflect the amount of reserve balances that are still available within the capital outlay fund. List of proposed transfers. L 1997 RECOMMENDED FUND TRANSFERS i FROM TO AMOUNT PURPOSE I I I Capital Outlay Fund WWTP Construction Fund $627,728.00 To transfer funds per budget 1996-1997 as follows: $300,000 for Bohanon Farm purchase $295,812 for Kruse land purchase $31,916 for balance of allocated funds toward I plant construction Capital Outlay Fund I Animal Shelter Const. Fund i $150,000.00 To transfer budgeted funds for shelter construction Capital Outlay Fund Hwy 25 Project Const. Fund $105,000.00 To transfer budgeted funds for Chelsea Rd. realignment land costs HRA Various TIF Debt Service $209,450.00 To transfer TIF revenue from HRA to debt service Funds funds for bond payments General Debt Service Fund $86,050.00 To transfer Kmart TIF revenue to bond fund �Ca_pital Outlay Fund 93-08C Pathway Project $6,636.78 To cover deficiencies in construction fund to date - Sewer Access Fund 96.06C River Street $18.180.70 To cover deficiencies in construction fund to date Trunk Sewer Capital Outlay Fund 97.07C High School $227,377.45 I To cover deficiencies in construction fund to date Trunk Storm Sewer f u n dt r1. wk4 : 12/04/97 Council Agenda - 12/8/97 6B. Consideration of an gppliiention by Tim Bondh .a on behalf of th - Monticello School Diatxyi .t for nn interim use permit amendment to allow mixed occupaney of shn salternsaflyp Iparning center located at 1248 Oakwood Drive East. (NAC) A. REFERENCE AND BACKGROUND: NOTE: The Planning Commission conducted a public hearing and recommended approval under alternative #1 below. The applicant understands and supports the conditions of operation as noted. Mr. Tim Bondhus, on behalf of the Monticello School District, has requested an amendment to a previously issued interim use permit which allowed a public school use to occupy an existing building within an I-1 zoning district. Presently, the School District fully occupies a 4,800 sq ft building located at 1248 Oakwood Drive East (between the H -Window building and Simonson Lumber). The School District utilizes the space to offer alternative school programs for students identified by the district as needing individualized treatment. Since receiving the original interim use permit approval this past summer, the School District has determined that it is not in need of the total 4,800 sq ft of floor area available in the building. As a result, the School District is proposing to occupy only the upper level of the structure, thereby allowing a "second" use on the lower level. Based on historical use, the applicant estimates a maximum off-street parking need of 4 spaces. Of the total 19 spaces provided, 6 are to be reserved for School District use. Utilizing an off-street parking standard of 1 space for each 200 sq ft of floor area, it is anticipated that 12 spaces would be required of the future lower level use. With a supply of 13 spaces, off- street parking demands are expected to be satisfied. To ensure that no adverse effects result from the proposed mixed occupancy, all applicable building code requirements should be satisfied as a condition of interim use permit approval. Additionally, all conditions of the original interim use permit approval should remain applicable (conditions 1-8 on attached Exhibit B). B. ALTERNATIVE ACTIONS: 1. Approve the interim use permit amendment, with the conditions as listed on the attached Exhibit B, based upon a finding that the proposed use will not interfere with the City's long-range objectives of encouraging industrial development in the area (due to the temporary nature of the permit, and the minimal alterations to the property). Council Agenda - 12/8/97 Deny the interim use permit based upon a finding that the use would interfere with the City's long-range industrial development goals. C. STAFF RECOMMENDATION- Staff E .O ENDATION-Staff believes that the proposed mixed arrangement should be acceptable on a short-term basis. Due to the City's interest in industrial development, however, long-term school use or changes to the property which could tend to deter future industrial reuse would not be compatible with the City's Comprehensive Plan. Therefore, staff would recommend approval only upon conditions which include a short-range termination date, a limitation on remodeling improvements to the building (with an emphasis on temporary or modular improvements), and a parking supply which is increased to meet demand as use dictates. Exhibit A - Site Plan Exhibit B - Proposed Conditions to Interim Use Permit m x D -I-Windows ITI N Jl = �A r low] m AtN S i nonson Lumber Proposed Conditions to Interim Use Permit Allowing Industrial Use as Second Use on the Same Property as Public Use Tim Bondhus 1. The interim use permit will terminate on 31 August 1998. Extension of the use of the subject property for public school purposes beyond the termination date may only be granted through re-application to the City. 2. The District agrees to stripe the existing parking lot in a way which maximizes the paved area for efficient parking supply and circulation. 3. The District agrees to expand parking areas at the direction of the City. The City will direct expanded parking based on the City's observation of parking demand which causes the use of on -street parking at any time. 4. The use of the subject property will be for alternative classroom use during normal school hours only and not for any other use. b. The District may occupy the building during remodeling only at the direction, and under conditions identified by, the Building Official. 6. The District shall make every effort to avoid permanent changes to the building which, in the opinion of the Building Official, would not be characteristic of an industrial use. 7. Thirteen of the total 19 off-street parking stalls are reserved for use by the building's lower level building occupant. 8. All applicable Building Code requirements are satisfactorily met. 58 •Z ll�®ITB Council Agenda - 12/8/97 ' I ,1 1 1 1 •1 1 1 ,I 1 1 'LI rl I yl 1 1 1 1 rll .1 1 I L 1. 1 1 rl � A RFFFRENCE AND BACKGROUND- NOTE: A .K .ROUND:NOTE: The Planning Commission reviewed the request and recommended approval. No one was present at the public hearing in objection to the requests. In a related action, the Planning Commission called for a public hearing on amending the zoning district map by including the lot directly east of the post office development in the B-3 zone. Background. The United States Postal Service has submitted plans to construct a t 7,200 sq ft "carrier annex" upon a 5.0 -acre parcel of land located east of Highway 25 between 1-94 and 7th Street. To accommodate the request, the following approvals are necessary: A zoning ordinance amendment to establish governmental and public utility structures as conditional uses in the B-3 zoning district. A rezoning of the subject site from 1-1, light industrial, to B-3, highway commercial. A conditional use permit to allow the establishment of a governmental building within a B-3 zoning district. Alternative Processing. The applicant's request has been prompted by an inability to meet side yard setback requirements of the present I-1 zoning which is applied to the property (30 ft). As an alternative to the referenced amendment/rezoning/CUP application, the acquisition of additional property could be considered to allow compliance with 1.1 district setbacks. The I-1 district lists governmental and public utility buildings as permitted uses. Amendment. Considering that government and utility buildings are listed its conditional uses in the City's B-2 district and as permitted uses in the 13-4 district, the present lack of reference in the B-3 district is thought to be an oversight. Attached as Exhibit A is a draft amendment which would establish such uses as conditionally allowed in the B-3 district.. The Council Agenda - 12/8/97 conditions listed are reiterated from those imposed in the B-2 district. Obviously, approval of the amendment is necessary to accommodate the proposed use. Rezoning. According to Section 22.1.D of the zoning ordinance, the Planning Commission shall consider possible adverse effects of the proposed amendment. Their judgment must be based upon but not limited to the following factors: 1. The relationship to the Municipal Comprehensive Plan. 2. The geographical area involved. 3. Whether such use will tend to or actually depreciate the area in which it is proposed. 4. The character of the surrounding area. 5. The demonstrated need for such use. The City's land use plan presents three land use options for the area in question. In all cases, the subject site borders land guided for commercial use (to the west). Recognizing that the land use map is a generalized plan, the proposed use is considered consistent with the provisions of the City's Comprehensive Plan. The subject site is bounded by medium density residential use on the north, Interstate 94 on the south, vacant industrially zoned land to the east, and commercial use to the west (Burger King). Provided all applicable performance standards are met, the use is considered compatible with the area. It is the opinion of our office that the applicant's request satisfies the City's aforementioned rezoning evaluation criteria. Conditional Use Permit. l.et Area R quiremmi The site in question meets or exceeds B-3 district lot area and width requirements. Likewise, the proposed building meets applicable 13.3 setback requirements. Circlation. Generally speaking, the proposed site plan design and circulation system is considered positive, and an effective separati3n exists between the public mail drop off line and postal employees area. Off-qtrPr1Pnrkinv The ordinance does not include a specific off-street parking standard for mail sorting facilities or operations. Utilizing an off- street parking standard applied to offices, 35 stalls would be required. The site plan illustrates a total of 33 spaces and an ability to provide additional Council Agenda - 12/8/97 spaces if the need arises. As a condition of CUP approval, the City should reserve the right to require the construction of additional spaces if determined necessary. L,ncl=ping The landscape plan is generally satisfactory; however, the following concerns should be addressed. • The Austrian Pine proposed along the east side of the parking area should be moved away from 7th Street in order to prevent obstruction of views for both the carrier annex and the Burger King driveway. This will become more of an issue when 7th Street becomes a major collector street and the tree's size increases. • The Drawf Burning Bush utilized as a screen along the west side of the parking area should he set back from the curb to allow for vehicle overhang and snow storage. • The parking and loading area of the carrier annex will be visible from the Interstate exit ramp. Considering that this is a gateway to the City, the parking and loading areas should be screened from view. Additional landscaping should be utilized to the south of the parking area. • The landscape plan identifies the southern portion of the lot to be seeded. The seeding specifications as well as the limits of seeding are to be included in the plans. B. ALTERNATIVE ACTIONS: Decision 1. Zoning ordinance amendment to establish government and public utility structures as conditional uses in the 11-3 zoning district. 1. Motion to approve the zoning ordinance amendment attached as Exhibit A based upon the findings that the conditional allowance of government and public utility structures in the B-3 district is consistent with the purpose of the district and comparable with other allowed uses in the district. 2. Motion to deny the zoning ordinance amendment attached as Exhibit A based upon the findings that the allowance of government and public utility structures is not consistent with the purpose of the B-3 district and is incompatible with other allowed district uses. Council Agenda - 12/8/97 Decision 2. Rezoning of the property in question from 1-1, light industrial, to B-3, highway business. Motion to approve the rezoning of the property from 1-1, light industrial, to B-3, highway business, based upon the findings that the rezoning is consistent with the provisions of the Comprehensive Plan and is in character with the area. Motion to deny the rezoning of the property from 1-1, light industrial, to B-3, highway business, based upon the findings that the rezoning is not consistent with the provisions of the Comprehensive Plan and is not in character with the area. Decision 3. Conditional use permit to allow the establishment of a government or public utility building in a B-3 zoning district. Motion to approve the conditional use permit application subject to the conditions listed on Exhibit D based upon the findings that the use is consistent with the provisions of the Comprehensive Plan and is compatible with uses in the area. Motion to deny the conditional use permit based upon the findings that the use is not consistent with the provisions of the Comprehensive Plan and is not compatible with the area. C STAFF RECOMMENDATION: The fact that the B-3 district presently does not make a provision for government and public utility buildings is considered an oversight. Based upon the preceding review, our office recommends approval of the requested zoning ordinance amendment, rezoning, and conditional use permit subject to the conditions listed upon Exhibit 1). I) SUPPORTING DATA: Exhibit A - Draft Zoning Ordinance Amendment Exhibit 13 - Site Location Exhibit C - Site Plan Exhibit D - Conditions of CUP Approval ORDINANCE AMENDMENT NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO CITY CODE (THE ZONING ORDINANCE) ESTABLISHING GOVERNMENTAL AND PUBLIC UTILITY BUILDINGS AS CONDITIONAL USES IN THE B•3, HIGHWAY COMMERCLAI,, ZONING DISTRICT. THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS: Title 10, Section 134, of the Monticello City Code (B•3 District Conditional Uses) is hereby amended to add the following: litl Governmental and public utility buildings and structures necessary for the health, safety, and general welfare of the community provided that: 1. Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met. 2. Adequate screening from neighboring uses and landscaping is provided in accordance with Chapter 3, Section 2, of this ordinance. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. This ordinance shall become effective immediate upon its passage and publication. Adopted by the Monticello City Council this 8th day of December, 1997. ATTEST: City Administrator Mayor SGr EXHIBIT A J uNITED STATES POST OFFICE SITE IpCATION .5"c -7 EX44I9IT D D -� UNITEL ,.ATES POST OFFICE SITE PLAN - -- - - -- -- r r �II .. nrwror. - _ _�_ -__ U.l.V.B. CIRRIEII AM 71. 6 ca m M n Conditions of Conditional Use Permit Approval to Allow a Governmental Use and Building Within a B -S (Highway Business) Zoning District Monticello Post Office 1. The City approve the requested zoning ordinance amendment and rezoning. 2. The City Engineer provide comment and recommendation in regard to site access. 3. The submitted grading plan is subject to review and approval by the City Engineer. 4. The following landscaping -related conditions are satisfied: a. The Austrian Pine tree located in the northwest corner of the site is relocated so as not to obstruct vehicular visibility for vehicles exiting onto 7th Street. b. The Dwarf Burning Bushes located along the west side of the parking lot are shifted westward to allow vehicle overhang and snow storage. C. Off-street parking and loading areas are screened from view of Interstate 94 from the south. d. The landscape plan is modified to identify seeding specifications. 5. The site plan is revised to identify a trash handling location. The trash handling area shall be screened from view of neighboring properties and adjacent rights-of-way. 6. All site signage comply with applicable City requirements. 7. The site plan is revised to illustrate exterior lighting locations. All lighting shall be arranged to deflect light away from any residential use zone and from public streets. 8. No outside storage is permitted. 9. Any mechanical equipment erected on the roof of the principal structure is screened so as not to be visible. 10. The City reserves the right to require the construction of additional off-street parking stalls if the need arises. EXHIBIT D Council Agenda - 12/8/97 5D. Conn*deratoon of approving a contract for services with Ankeny Kell ArchitectRfor designservices f1theCommunotyandIY: Center.gnin A. RF.FERF.NCE AND BACKGROUND: The City Council is asked to consider entering into a contract with AKA for services relating to design and construction of the Community and Training Center. The contract is consistent with the proposal submitted and approved by the City Council at a previous meeting. Approval of this contract enables the project to proceed through phase 1 design, which is scheduled for completion in early February. During phaae I design, AKA will be gathering information from the community and will be preparing schematic layouts and detailed cost estimates of the entire facility, including water park and ice sheet. Near the end of phase I (January 20, 1998), schematics will be presented to the public along with alternatives for financing the water park and ice sheet. Early in February, after obtaining feedback on alternatives, Council will then consider authorizing phase I I design and may be considering calling for a referendum on water and/or ice. The cost to proceed with phase 1 is approximately $160,000, which reflects the cost for phase I planning associated with the core facility and the water park/ice sheet. As you know, the City has made a commitment to the National Guard to construct the core facility in 1998 and made a long-term commitment to add water and ice at some point in the future. The overall design fee is based on 8% of construction costs with phase 1 being 20'X, of total. If phase I does not include preliminary work associated with a water park/ice sheet, we may want to continue negotiations with the architect on the overall percentage fees, which may be able to be negotiated closer to 7% without the ice/water park package. At a previous meeting of the City Council, Council asked that the National Guard commit to paying a pro -rata share of architectural fees as the program develops. Based on my conversations with Terry Palmer, the Guard will pay the City for its share of the fees as requested. Please note that the National Guard prefers to cap its investment at $1.5 million and, therefore, architectural fees paid before the project commences will be drawn from this amount. B_ ALTERNATIVE ACTION~: Motion to approve the contract as presented, contingent upon review by the City Attorney. Council Agenda - 12/8/97 Council should select this alternative if it wishes to continue with the project. About one-half of the $160,000 price for phase I reflects the cost for planning for the aquatic center and ice sheet. In order to properly plan the site, it is important that the water and ice components be included even though construction may not occur in the near term. The coat information obtained in phase I will enable development of appropriate financing options and alternatives for public consideration. This alternative is consistent with Council direction provided to staff on September 22, 1997. Selection of this alternative would allow the Administrator to modify the 1998 budget within the capital outlay fund by increasing the architect fees budget from $70,000 to $160,000 by reallocating funds from the Highway 25/ Chelsea Road budget. 2. Motion to deny approval of contract as presented or to modify it by a cJ eliminating study of aquatics or ice sheet at this time.C A 5 F 6 f 8S V RTAFF RECOMMENDATION: OU Staff recommends alternative 111. Copy of contract; Community Center update; Copy of Council meeting minutes from 9/22/97. DFC-04-97 THU 03:33 PM ANKEW KELL ARCHITECTS FAX N0, 6126450079 P. 02 T H E A M E 1 1 C A N I N S T I T U T E O F A I C H I T E C T S 1 61 AIA D ocumew B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT 11AS IMPORTANT 4EGAI. CONSEQUENCES; CONSULTAUON W17H ANA T70RVP.Y IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT rnnde as of the Ni neth day of December in the year of Nineteen Hundred and Ninety -Seven BETWEEN the Owncr: City of Monticello 250 East Broadway Monticello, Minnesota 55362-9245 Attn: Rick Wolfsteller-City Administrator and the Architect: Ankeny Kell Architects, P.A. (M.— —d dd.) 821 Raymond Avenue, Suite 400 St.Paul, Minnesota 55114 For the following Project: Monticello Community and Training Center (nuwA' 4"Alled d"wro w W P"Ow' Amtl,w% r+tnru ww awl The Community, and Training Center is to be located within the boundary of downtown Monticello and bordered by Walnut Street on the east, Maple Street on the west, 6th Street on the south and the railroad on the north. The project description (1.1). preliminary development program (1.3), schedule (1.4), and scope of work (2.1) as defined in the October 1. 1997 request for proposal by the City of Monticello and are made part by this contract. The construction budget has not been determined at this time but the budget is to be determined by the task force at the conclusion of the Pro-doslgn Service currently underway and prior the start of the schematic design phase. (see Article 12.1) The Owner and Architect Wee as sit forth below. C"pYtl6ht 1917. 1926 1916, 1911. 1971. 19SI,v961, 196!.1 d�6�2 1970. 1976 1977 VJ9� MAn wm 1rtM w W Atch,ttcu 1751 NOW Ywk A•ceut. N.V UNAPM kW qY tzj, of lu plc. "ns haloul *01" pt .i. W the AIA -.WUtt UH COPYI ILtu hw of lAe ua"ed slt "Mu be &ublect l0 kw ptDw"uOn' MA f100111m1T n41 - owW",AWRTtR AGRUM Nr • foufnulTll.A pc zmo6 sD goo81�/•18�7 1 T Nl AAaUCAN OtsnTUT6 Of A6CNRtM 110 NIV YORK AYP+t7. M trtAr�rtu IMaafAnd Mrr�M'6110rM W t>t6k114b �' w r laMttt r a6r t1+�� DEC -04-97 THU 03 34 Ph ANKENY BELL ARCHITECTS FAX N0, 6126450079 P. 03 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Archuct: s lCrviCCa consist of those Services per- formed by' the Architect, Architect's employee& amt AnNtea's consultants as rnummtcd In Ankles 2 and i of this Agrccmcnt anti any other scrvlces included in Article 12. 1.1.2 The ArchtrccYs services shall be perfomhed u espcdr- t!ously as Is curtsisent with profemional !kM and ere and the ordctly progress of the Fork. Upon request of the Owner, the An•lu(ect shall submit for the Owncr's approval a schedule for the per1urin2nce Of the Architect $ .WMCC3 which may be adN,ccd w the Prnµct prec"dii, and shag include Zanwanecs for periods of time required for the Owner's review and fur apprssval of submissions by atuhonnes having jtutsd LuOn over the Project. Time limits csublishcd by trw xhcdulc approved by the Owncr shall nn, LA jx fur traxaulsle Caws, be txcec'dcd by the Arehltcet or Owner. 1.1.2 the senices covered by the Agrtcment arc sublect to the rime limiuunns contained In Subparagraph 115.1. ARTI= 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect'$ Basic Scrvicu consist of those described In Pa7graprt+ 2 2 thrutr)[h 2.6 anti 2ny other xrvtce. Identified M Artidt, 12 as pan of nauc Services, 2nd Uelude normal strut- «uil, mechanical and clect1k21 engineering scrvrccs. 2.2 SCHEMATIC DESIGN PHASE 21.1 Thc ,\rchueet shall review the priagnun furnished by rise Owner to asccrtaln the rcgwrcmenu of the Project and" anlse at a mutual understanding of such requtremcnts wuh the Owncr. 2.2.2 The Architect &hail provide a preLmrnary cy-.Ou2tion Of the Owner's program, schedule and consinrcuon budge requirements, each in terms of the edict, subjm to the Umlta- lio.0 set fnnh In Subparagraph 5.2.1. 2.2.7 Thu Architect shall review wuh the Oester &:telrullve appiu.ahea to design and construction Of the Pruiml. 2.2.4 Based on the mutually agrrcd•upun prOgran, 4ehedulc will construction hudgta tt'yuI emerus, the Architect sna0 prepare, for approval by the Owner, SChtan2UC Resign Wittr- mnmu consisting of drawings and other documents tlusuati ng the w21c and relatlonshlp Of Prujm Cumptmmts. 2.2.5 The Architect shall submit to the Owner a preliminary mlirnJle of COnalluction CWI baxd On current arca, volume Or other unit eo,ts. 2.7 DESIGN DEVELOPMEW PHASE 2,7.1 Based on the approved SCllenutic Dcatgn Dotvmow a10 any adjwuhnnls authamcd by the Owner In the Proyun, schedule or eunstructwn budget, the Architect dull prc;urc. fur approval by the Owner, Design mvclopnt Ent Dootments eonsisring of dnwtng, and Other duewncnis w fix and ducnbe the nits and duracter of the Project as to arc itecrural. uruc- tural, mechanical anJ e:ecuical syuow. mucrlals and well other elernmu as tnay he alsproPrutc. 2.7.2 The Architect shall ad, ise the Owner of any adjusrmcno to the prel,mhury, r%umarc of Construction Cust. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Bled on the approved VcaiVi Desdoprncmt Iyueu• menu and any Author adjustments in me scope or quality of the Prn;en or In the construction budget authorised by the Owner, the Architect shall pr •pae, for approval by the Owner. C: is ructlon rk+cununts cunma ing of Dnwings and bpecifica• lions setting fnM to derail the requirements fnr ncc cunstruo tion of the Pnrint. 2.41 The Arctuttl t shall wast the Osvncr Inde prcllantkm of the necessary bidding inform shun, bidding fornts, Eric CunW. arms of the Contract. and the form of Agretiturnt between the Owner and Contactur. 2.4.7 Tt.c Arctutect shall 2dvs.e the Owner of any adjustnments to prcvwut prcdmmuy estima:a of Cotnuuclwn Cuss m,:i• ea1eJ by change to requirements or getter:l market condaloc,i. 2.4.4 The Archacet ,hall assist the Owner in conmK7lon with the Owner's rnpiarwbtlny for filing ducurnnus required fur the approssl of go—imcmal authundes having jurudic•uun ns'cr the Protea 2.6 BIDDING OR NEGOTIATION PHASE 2.5.1 Tne Archlumt. following the Owner's approval of the Construction Documents wd of the latest picllmir2ry cstima:: of Corvtntction Cost, shall aunt the 0%ner In nrstainlnK bi,h or ncirotUted proptisU and aisbt in slaw" and prtlunng contracts fnr cnnunntiun. 2.6 CONSTRUCTION PHASE—ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The ,VchileCO ru,pnnsiblllty m provide Ra•tc bctv,ees for the Con,trucuon I'll— under this sgrcsnt•nt cummencc, with the awutJ of its: Contract fur COrsstntrunn and terms- noes at the ccanur of Our Ism,ance in the Owner of the Anal CCIUACMe for Paynm,nt or 6U J.tyi, after the date of Sulp.un. tel CnmPlctiun or the UT)fk 2.6.2 The Anhltcer sh2U provide administration of the Can. trut for Cnn ouctuun as art forth hcksw aul In the edition of AIA Document A20I, Galena! Csuntltlyns of the Contract for Construction, current ab of the data of this Agrmthenr, Unless Otherwise pwviJed las this Agrnrncm. 2.6.7 Dutics,te%nOmitulatcs and li.twalWru of authtstty of L'tc Atchilm t /hall nor be r vrictcd, rs nWwd w e•tenel d wilnuut wrlttca agreement of the Ownerand Architect with :annum of the Cenuaetur, which cnnscm shill not bu unreasunah:v wuhheld. uA DOCUMENT 13141 • or.rs Alli uTeCT AeacrrcvT • sOU1T1&Aml UIaO"i - o+, o cCmx 13141-1287 2 TNC AMe41CAY W111TUTt dT Ape's% C14. tT$1 NCM•' y04 Ay'EM%4, Mw, tNAPNW6t ume.mw Ir".-prtAo rd's u 5, 4epyrillM 10" rests 4 suClect a 4W P+&�"°'"• DEC -04-97 THU 03:34 PM ANKENY YELL A.RCH!TECTS 2.6.4 The A:Chircct shall be a rciamwitutive of and shall advise and cum tilt wish d:c Uwncr (I) dwing cun,tru.:t tin until " paym Tit to tine Conuxtur u 1ue, anti (2) a, an Additional Ser- vice at the Owricr's direction from time to (hoe during the coo- ect rion pvedod described In the Contract for CoawuTion. The nrehaca shit have authority to act on beaalf of the Owwr only to the cment provided In oho Agreement urJw othierw•lse modified by w riticn inu.vmcm. 2.6.3 The ArCh:fcef shat' v cif the sue a !r-Iervals appropriate to thestage of construction or as othcrw6c agrenl by the n Ower and mcn:tect in writing to become generally fin liar with tic pru)tns, and quality of the Work eompkted and to determine in general if the Work is bang prnforined in a man- ncr (ndiauting that the Wort, when congllct d will be in:ccor- da,:Cc with the Cootraict DOebmcrn. rto,y"cr. the Architect shat: not be required to nuke ealuututive or cundnwus on -she inspacirn+ :o check die quality or quantity of the Woik. On th •- bash of un-s!te• ubxrvauoro u an arehiwe q. the ArChuett shall keep the Owner informed of doe pmg.•ess and qualify of the Work, and shall endeavor to gird trc Owner agauut defceb and deneienei,. in the Work. (bore extew,* site rrprc;:vrrouar uiesy he ogr va to as an Addfnormt Scrurcq all drscNxvf in I'rr W—pb J.2./ 2.6.6 The Arcnacci shall not have centro! over or eha.ge of and shall run be « %ponubic for construction mc:m. meNodi. techniques, xquerice, or pros dutu, or fur ufr[y precaution+ and p rograirs In connection with the Work, ague the= are sickly the f:rnar_c:nr's ropons,bthty wider the Controa for Con,•rucbun. Tre Architect that nor be rupunslbie tot the Contractor's !c hc,hdCs or failure W arty out the Wolk In lceor. dance with enc Contract Documents The Areh,teet shag not ha. c control uv R or 0wjic of acu or omusion, of tee Conuuc- tor, Subcontractors, at their agcnu Lir a.plci or of any ow.cr persons performing poruoru of the Worw. 2.6.7 111C ArCliteC't shall at all MCI finer access to the Work whefe.er if Is :n preparation or progrCu 2.6.6 Except a, may othcrwN: be pfovweo in the Contract Documents or when direct millinutueitluru have been spa eiali. authr fived, the Owner and Contractor sha:l eomrnt•rd'vc thruuph the Arcmlcet c:nmrnw..,c;iuors by and wall the .Vdhi- irct's eonaultanu shag be through the AiMeet. 2.6.6 D.tacd un the A rchaeo's obsen•atlom and cvaluatinm of the Cuntiactor s Applicaduna for 17yn:col, the Architect shall r".e,v and certify the amOtmtl due lite Glrttaclnt. 2.6.10 The krchiicct•s ecn,flcz n for payment ,hall consul - lure a rcpraenLiuun to the Owner, brseJ on the Architect s ubacn•atmu at die site as provided In Subfr=gr ph 2.6 5 said on the Wu comprising the Contrmnr'a Application for Pay relent, tbir, to the Ixst or the Arch,r:n'. ►rww4dge. uhrumea- bun ar.l bctlef. the WUtk has puyfcbscJ to the point indiued and the qualty of Vfh,k is in xcnrcanl with the Contract Documents. 7114 foregfiing rcilfmitubons uc subject to an evafturun of the Work (1r COO(Omgmee with the (:011111141 Documents ullon Subuan:uh Comiamwn, to rrwlu of subu• eluent leve and m+pccawns, to mucor ,kvurwtu train the Con• tracl DdeemeIM torructable print to compktlon and to spe- cif a quahf"tbin, expressed by the Architect. The lutunce of a Ccndlcarr for paymcitr shall hwtlu•r constitute a rerhresenutkm that the Contractor is entitled to psymem In the amount cad- tkd Ilowcvcr, he usuance of a CwOnte for Payment Dull nor he a rcpretentataan char the Architect has (I) made e>Jsaus- uve or eondnuous entire Inspections to check the quality or MA DOCU [n Nat . Owl.kl ,.RCrorrCT .GREIMatn • rnuer"W"' = n9st To. DC3'"6 T[RI 1s AMCAM p1TrttT� Or A11et117lite. I'), New yon& Ayel+l:L N.V.. >w luspagMO: tfNr . /rbrK°Prt^01i1°is°e u6. cinter- — W M, u L.00ppytudMl, /a G 3 9141.1967 FAX N0, 6126450079 P. 04 quantity of die Work. (2) reviewed con naicuo,a mans. meth. odb, tcchnfquea. acquired of procecures, (3) reviewed copies of requisition.; received from Subcontractors and ruteriil sup- pliers pliers anal other .ata requotnl by rhe Owner to whsnntiate the C rntnetor's right to paymerit or (1) uccrt=cd how or fur what purpose rhe Contractor has used money Ixeviowly paid on :ceourr of the Com=t Sum 2.6.11 The Architect shag Cave authority to reject Work which don not conform to the Contract Documcnu. Whenever the Architca eun rder. It nec, ,;ry or advuab:c for In:p:emenu• :ion of the iment of the Contract Doaiments, the Architect will have authority EO require addalonal inspection or testing of the Work in aeenrCancc with Joe proev rune of the Confruet Doeu. meats, whether or not such Work is fabricated, inamged or compl7cd. However, neither this authority of the Arcrutttt not a dcctuun mete In good ;atth either to exercise or not to exer- roe mch amhonty ehaa gree rex :u a duly or r�purWbuty of the AtChitca to the Cortrutor. Suhcontrcmrs, no erial and equipment !upp:ien, thrir aacnis or "riployccs or other per- sons performing portions of the Work 2.6.12 The Arehtt:a shil rev:cw• and apprnvc at Like odor appropriate action upon Contracror't submuuls ouch as Shop Matti Product Data uhd Sai:nles. but only for the limited purpose of chec,ting or conformance wun Information given and die desiyi concept capto d In the f:nrtnict Dcewnenu. The Atehiten's anion sliall be ukan wilh such rez+aru ble pm:nprnest a% to cause :uo May in the Work or in the cun- uructwn of the Oulwr or of separate conuac:nrs, w•hde allow. ing sufficient time ir, due architect's prufcsaxnal IuCl;nert to permit aocgtu,te review. Review of ,ucn submit talo is not con- duncd for the putgnsc of dewnninnng the accuracy and coon• pk•rrnW Of Other dcraib u•en as Jimemur, and gtnrbW3 of for soh<u,:u_ung !artrucunnt for uu+u:ladnn or r+edorm.mCe of equipment or system, tit. iuic•d by the Contractnt, tg of which ranain dee resNilsibdhy of the Cumrauor to dw extent required by the Glntract rkrcwrieno. Tle ArC11110.3's n ie,v shag not eonsdruic approval of safety prcaunons or, tinlcu wllcm a speeonully ,uaJ by the Arehuect, of tors inreuun means. mahods, :cchniques, segrciices of prueeduno. 'Che AfChitea s app,nvil of a epeCifc henh tha:l not indicate approval of an aucmoly of which the acm is a component. Wlien protess,onsl cunfic:a,on of performance chuucwfilti s of mat rkils, systun, of equipment is required by the Contract DOCwnents, the Af:hiboctshall he melded to rely ulvin rich ccntll "don to esubluh that the matcruts, systcrtu err eytnp• ment will meet the performance cntcria nqulred by the Cnn- tray Dorumcnu. 2.6.12 The Arerumv shag prepare Change Orders and Cun- .tmeildrl Change Dtreeth',1. w'IW b'YppOrltnR JOtunlematiOtl and 0.3u If deerlud necessary by the Architect a provided In Subpangrrphs 3.1.1 and 3.3.3. for the Ownef's approval and cuctf cin in accordance with the Contract Documcnu, and may authorim minor changes ,n the Wort not Involing an adtustment in the Cuntraet Sum or an rxrcmten of the Contract Tittle which ue not inconwtcnt with the intent of the Contract Documenu. 2.4.14 The Architect "I conduct infpectlo,ls to detenstine the tate or (:area of Suh+tamsd Completion and the date or nnw mmpktrun, shall receive and turvi RI w the O,vner for ache Owner's review and record+ wr,rtcn wuntl ran and rrlltCJ do—ribi rtxluimd by the Comrut rkhcumenu end acSicm- bkd by the Contneror. 11n4 shag Mutt a final Certificate tot Pay. merit upon compliance with the rcquuemmte of the Contrxt Documents. DEC -04-97 THU 03:35 PH ANKENY KELL ARCHITECTS 2.6.15 The Archit"i stall interpret: and decide irauers con- Cerr&ig performance of the Owner and Contrctor wider the require7neruu of the Contract Doeurienu on wdurn request of either the Owner of Cuntrctor. The Architects response towch requesu shall be male with reasonable promptness and within any tLmc Gnuu agreed upon. 2.6. 16 Intcrprctatinru and dcasiom of the Arctutcct sh211 be consistent with the intent of and reasonably inferabte from the Cunrntt Documcrts and shall be in writing or in the form of drawinp. When making such intcrpreuuoru and INuai dca- stons, the Architect shall endeavor to Saye hid'IW perfor- rnant•L• by both Owner and Contractor, shag not show partiality to Chiu, and shall not be iiabk for resudu of ins rpr tatiom w decisions so rendered In good f2ilh 2.6.17 The Architect's decisions on trurm ret3ung to aesthe- te effect shall be .anal if cvrulucnt with the intent e.Vrested in the Contact Documents, 2.6.16 M' Afchltca shall render written decWons within a reusonabie true on all churls, disputa or other neaten In ques- tion between the rlw;ur 2r:d Contractor relating to idle exeeu- urin or prof r, of tic Work as provided in the Cmirxt Daxvrrents. 2.6.10 The Arcrureci s deeUlons on elaimr. Jbpu:n or other mat:L". including thane In quest= bnwcco the Owner and Contractor, exccrii for those rd2tWg to acstrutk effect as pro- vtded In Subparagraph 2.6.17, shall De subl'e't to arbhuton as provided In lith Agreenient and in the Ur.iraa Documents. ARTICLE 3 ADOMONAL SERVICES 3.1 MERAL 3,1.1 The aeiviccs dcxribed in this Article 3 ac not included in dale Scevccs unless so idemiGed In Article 12, and they shat be paiJ for by the Owner as provided Ln this Agreement. In add:txm to the eompenutiun fat Sasrc Scrvlcn. The services acacrlhcd under Pangrapht 3.2 and 3.4 shall Only be provided if authurircd or confirmed in writing by the Owner. If services Jtaenbed untkr Contingent Addlunival Setvien In Pingraph 3.3 arc required due to cuevnuuncc,,, beyond the Architect's Control, the Architect sh2!i notify the Owner pnur to eom- menetrng wch services. Lf the Owner deans Na such wrviees described under Paragraph 3.3 arc not required, the Owmr shall give prompt written notice to the Architect. If the Owner Indinw% In wnung that all or pat of such Cunll:Wnt AJdt- tk7n]I Services ac nor required. the Architect shan have no obll- gatiun to provide those services. 3.2 PROJECT REPRESENTATION MYCIND BASIC SERVICES 3.2.1 If morn extensive rcTimcntatfan at the etc than !A dewrilxJ In Subparaisraph 2.6 3 is agwrc4 the Architect Jsil Isrovlde one Or more prulL•ct Reprexnntivcs to assist in eairy. ing out such additional on-site reaparulb0iu. 3.2.2 Pro1cLI Represenutives Shan be selected, employed and elaCtIrd by the Architect, and t1e AfM'cct stag be cdmpen- uted therefor as agreed by the Ownef sod Architect. 71" duties, respotuibihties and llmiutant of wthtaty of Protea Repr=ntalves sih.il be as dcscnbed in the edition of ALA DOeumcnt 6332 eurfent lA of she ttus of IhLs Agreemm e, unles7 Otherwise agreed. FAX N0. 6126450079 P. 05 3.2.3 Through the obarvadena by ouch Protea Repres=. uuvcs, the Architect shall endeavor to provide further pnstcc. lion for the Owner againut defects and deficievides In the W004. out the furniihing of such project repraenntion shall riot modify the rsghu, respnianbilhio or obliptlons of the Architect as descnbed eLcwhc c in this Agrmncnt. 3.3 CONTINGENT ADORIONAL SERVICES 3.3.1 Making revhtons in Dnwings. Speetfkation, or other documents when such rcviswru ear. .1 ircomycrit .nth appruvah or ots=nons previowll given by the Owner, including revisions made neea- sary by 2djus:mcnu In the Owner's program or Tial. en budget; .2 requirW by sic crucunan of revision of casks, taws or regu4tiotu subsiq rcpt to in,; prcp2ntiun of'sueh doaunerls; or .3 clue to eiwigp «quinol a 2 mull of crit Own •it's f,,!- en: obere to mnJcr tkeisions in a timely rninner. 3.3.2 Providing servkcs tcquucd txnuc or slgii[Winr changes ii the Preject includtnit, but nut:Wutcd to, site, qual- try, complexity, the Ow•rci s schedu!e. or the method of hid - Jt x or rL]tuiiitlilyl and cunlnnrrg for construction, except for serviiq required under Subp=ilraph S.2.3. 3.3.3 Prrsumg Drawirp. Speeif=iuns and other doeunsen. anon and wppnnmg tan, e +fuming Cuntraatur's pea llonali, and provneaV other icrvrcci in contecliun with (h e.94 Orders and Cunstructiun Change Dircct.vcs. 3.3.4 Pmc,ding services in connecoon with cva:uanng subsea• tenons prupwed by the Contractor and nuking subsequent :O ui ml to Dnwhigs, Speaflations 2nd utter Jueummarion ruulting therefrom. 3,3.6 Providingtotuul;aiianeonecmingrcpLxemcrtofvY'ork aam2gcd by fire nr nth" rnue during Corolntotun, and for. nohbag servkcs mryircd in connection with the r ptieetnert of such Work. 3.3.6 Pro%Wing servlccs =Je nesnsary by the default of the Cortractur, by malar d0tas nr deficiencies in the Fork of the Wntmior, or by fadun• of perfurnmcc of eider cru• Owner of Canuactor under the Cootrut fnr UnialrUCLAUll. 3.3.7 Pruvuhn2 ttrvneev in ctaluatna an mtcwvc number of cainis swbmi(ted by the Wminetor or Odors in connecriun with the Work. 3.3.6 Providing services in eunneawn with a puohe "fmg. arbirrition ptoec'rding or kyl pt"vcding excrPI ulwic the Architect is perry theroo. 3.3.2 Piepaung drxvnicnu for altcmate, scpancc or scqucnn,al bids or providing xrvues In Connection w ith bidding, negOlu- txm or cnrw(unnm pr,m to the completion of the Construe- lion Documrnt3 Phase. 3.4 OPTIONAL AODMOkAL 86RVICES 3.4.1 rtuvunng analyR'A of the Owner's needs and prugr2m• rning t".c rcgwmenu 0f Owl Prat•ct. 3.4.2 Providing flnaual teuibihty ru other siucol studs, 3.4,3 Provldhng PIMMIPg surveys, site evalwbons or enol• p2nuvc uudks of proipccuee shit. I AIA DOW" 6161 • OWhlll-Aloin ECT AGWY{NT • IOuaTUM" tDMC' • Aida • OItw7 6t) p 8/41•lgll7 4 Till A%i aitisrl IMITITUTIL Of AACHrryl. s. ITN N►WVolit AVUCL''L M W. i/Aa1HI GTOM, b L senses ll WO d .Asda: IkileArHA6Ii --Pon No16166 U a. toP "W ill- 6" Is -610 U iAp6s6eWlew. DEC -04-97 THU 03:35 PM ANKENY KELL ARCHITECTS FAX N0. 6126450079 P. 06 3.4.4 Providing special survey's. environmental studio and 42 The Owner shall publish and update an ovcnll budget for wbm:mwns required for approvals of govanmmal awhoddes the Protoo, including the Constmcum Coat, the Owned s other or others having jurisdiction over the Project. costs and reasonable contingcncb related to all of thre cosh. 3.4.5 Providing scrvlcm re:auvc in future fxiltrics, syuems and cgia4vticor. 3.4.6 Providing services to investigate cxisting conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other infurmsnkan furnished by the Owner. 3.4.6 Providing eoordinnion of construction pa(omsed by scparac contractors or by the Owner's own forces and word!. nation Of services required in Connection with conHNeion perfurmed and egwpm mt supplied by iha Owner. 7.4.9 1'ruvadgug xr 4cp rn connectbn wiLi the work of aCo r emotion manager or selsante conWxanu rctalnzl by the C w ncr. 3.4.10 Providing detailed eatimates of Ovstmctum frau. 3.4.11 Providing detailed qwntiry swvcys Or invcnturtes of nutcr:al, equipment and labur. 3.4.13 Providing analyses of uwnbw and operating costs. 3.4.13 Providing Interior design and Othcr similar lcraiOG required for or in emnnccuon with the sdtctnun, procwedwtt or ustallsuan of furniture, furnushuW and x1ared equipment. 3.4.14 Pruvidung scavtcp for pluming W1311L Or rental M=%. 3.4.15 %taking mvotir., cru, Invauono of ntata0b or egrufr MOIL or walbar" and OCI-cW apprayah of editing fattier. 3.4.16 Preparing a sci of repnoJucible rocord drawmjp show. Ing significant eha.ngcs in the Work made during ungruction based on marked -up pilots, drawings yid other data furnished by the Cootriccor to the Archlroe. 3.4.17 Provd:ng assistance in the uullutlon of equipment or systems such us te.tint, adjusting and balancing. pnyaation of operation and maintenance manuals, tratnmq personnel for operaunn and matntenanec, and eunsuludon during Mira m. 3.4.10 Providing services cher !.seance to the Owner of the ruin Ccruficatc for Payment, or in the ahance of s Nil Cc, uflcate for Payment, more than 60 days atter the tate of Sub stantW Completion of the Work. 3,4.19 Providing wrvxcs of cunsulunu for other than achb tcoural, structural, mechunicsl and ckctncal arymccrin6 pot dons of the Pmjcct provided as a pan Of flash Savices. 3.4.20 Pruvicling any Other services not uthcrwM Included in dais Agreement or not customarily famished In accordance with generally accepted urchuecwnl practice. ART_ 1g8 4 OWNER'S REMNSISjLMES 4,1 The Owner shall provide full information rrgudfn6 requirement& for tfic Projat, hnchiwig a progrun which 5ha0 set forth that: Owncr's objectives, uhedule, constnlnu end on, tetLi. InJuilft spue rcqukcmcM and rcbdQnfihlps, Old• biWy. ccpandablluy, spec+:! equipment, syuctns and see requirements. 4.3 If requiested by the Architect, the Owner shall furnish cvi• dent that fl= neial uranRemunu have been made to fulfill the Ownxrs obligations under this Agrccatclu. 4,4 The Owner "I designate a «prtacntalve authodsd to act on the Owner's behalf with impect an the Project, The Owner or such audsorlmd n prexnwive shall render decisions in a tuncly mariner j'scnaining to documents wbrramcd by the Archtccct un order to avoid urn rasanablc delay in the oNcily and sequential progress of the .lrchitect's services 4.6 The Owner shall fumiah surveys describing physical characteristics, legal linuTmions and utility locations for lite site Of the Prn cr. and a wnutcn legal description of the site. The surveys and Widal infornull utron dInclude, as applicable. crudes and lines of suecu, alleys, pavements and adjokang property and structures; adixent dnirage', rlghti of -w ay, rotricimns. oa_scmcnu, cncrmchmcnu, zoning, decd ratrlc• buns, buu adatsru and cunuaun of dee site; lucaduns, dkmn- starts and aecc%sary data pertaining to existing buildings, outer Improvements and cues: and Inforrution cunc'cming avadabc utility icrvlces and :ino. both pub:% and private, above and below grade indueling invert and delnds. All the information on the surv'cy shag Du rt•icn'need to a rroltm bcnclutur►. 4.6 The Owncr shallfora sh Ne services o(gcutuchnlnl rnti• neer., whert such scrvxea arc resumea by the Arthilml. Such nervi" may include but un: not milted to tat borings, test pim determination! of soil bearing v2lws, percnlatam tats, evaluations of hazardous matcrals, ground cutroskm and reslr uvuy tests. Irtduding neee„sary uperulutts for anndp lint sub. soil conditions. with nlsnres and apprapnate profaunnal recommendations. 4.6.1 the Owner shall rumith the services of other mewl• tants when such services arc reasonably ntauired by the scope of the Prulcct and arc rtqucwcd by the nnhitca. 4.7 The Owner shall fumbh 64upurAl, 1na•h3ni0l. chemical. au and water poitututn tcsw tau for hazarduua nutcu4b. and other laboratory and cnvuoratimcd tuts, lnspcctions and rcpnrn rcqutrcu by Law or the Contract Documents. 4.6 The Owner shall tumid[ all legal, sccrauiti,ng aid insurance courucbng scrvicu as may be nctawry it any nitric for the Prosect. Including audiwag cervico the Owner may tcqucrc to verify the Contraewr's Applicuwns for PuyTnrnt or to arc •rcaID how or for what purposes the Contractor hese used the muncy paid by or on behalf of tim Ownat. 4.0 The services, tnMmuiton. surveys and teNns required by Paragraphs 4.5 through 4.6 shat be 1lrrnished at the Ownci s expense, ano the Archltact shah be entitled to rely upon that accuracy and eornpletcncm thereof. 4.10 Prompt wnttrn run,ce shall M riven try the Owru•n w the Architect it the Owner bd cane swat, Of any fault OF defect in the Prolee: Or noneortirtrmartca with the Context Uuduments. 4.11 The propustnl Ws2uage Of cenifiotu tat eeruntatkarts rcquusted or the Architect of Archdeii s ctusultunu shall tae submitted to the Afchlh'et fpr rtvkw find apptuval u lest 14 days prior to execution. The Owner shall urn rcgwnt amtXa- dons that would requtru know'edte or services beynnd the scope of this Atrecnnerlt ■14 OOpI■OM10141 . lyw7fi■ AfielltTVCT ,to■ermWT v IOl'■TISMTg CniTW.v r .i.• . a17eT Till ANUKAMOdTITUTe Of waelnT[l, 1715Mia'vont Avfndt•ww. s�rS" OM'oc lt�Vu� 6 9141.1087 o L�Jc vwttwr0, tkn■..W Piton pAsi, i *Mata e4PMW4 Weal -41■ mope 401"01 V.M. e DEC -04-97 THU 03:16 PM ANK.ENY KELL ARCHITECTS ARTICLE S CONSTRUCTION CO3T 5.1 DEFINITION 6.1.1 The Construction Coat shall he the Incl co" o or ti- imted cost to the Owncr of ail c!cmcnts of the Pruden designed or spedified by the Afehrte•Cr. 6.1.2 Tito Conanuetion fast shall include the cost at current market rate%of Thor and materiels furnlshtd by the Ownv and equipment designed. specified, wetted or speeta:ly provided for by the Architect, plus a reasonable aEowance for the Con- trae:or's ovcrhe_J and profit. In addition, a reasonable allow- ance fur contingencies Shall he included for maim conditions at the tbne of hidding and fur changes In the work during corsMiciron. S.1.2 Con trucc:un dost tires not Ineluele the ccmprnatwn of the Ar'htect and ,vchftcct's donut amu, dx costs of the land, right3-of -•ay, flnatclnP or odor cat% whwh :are the respom %Ihdly of the Owner as provided In Article A. 8.2 RESPONSIBILITY FOR CONSTRUCTION COST 6.2.1 Evaluation of the Owncr i Project budget, preliminary catln:atcs of C,onlNcripn Cost and dcradcd csnmAes of Con. arixtlon Cwt, if my, Prepared, by the Architect, represent the Atchdect s beat Ndgment as a design luok.Wonal ranular with the construction ir.duuy. It lir fLCOgn ted, however, that nel. Cher the Architect nut the Owner has ennuul over the cost of bout, matvrwb or egtdpment, over the Comneror's methods ordetc:minmg bid prncu, or over comixt,dve bldtJng, marker or negotiating conditioM. Accor&rtgdy, the Arehaeet cannot and dxs not war=t or « ptuscnt that bilis or negnwted prices Will fall vuy from the Owner's Project budget Of from any estimate of Corwiliction Cost or evaluation prepared or 2VcCd to by elle Architect. 5.2.2 No rued Innift of Conuruetion Cal: shall be atabluhed as a condition of thb Agreement by the furnishing, proposal or estahlOnmcnt of a Protect budi.•Ct, uno-,s such fixed liana has been agreed upon in writing and signed by the patio hereto. It such a fixed limit has been estahlofted, the ArChiten shall be permtrcci to Include cont:ngcncles for dcugn, budding and price escalation, to d0crinum caput matera:s, cgcupnunt, corn - portent systems and types of eon%truc:wn arc to be tneluded In the Coturac•t Documents, to make reasonahlc adita unolts in the seope of the Project and to include In the Comr7n Doctr• menet allcrnatc Diels to adlurt the Contrluetion Cost to the f1xJ Idnh. Fixed llmlu, if any, shall be i noosed In Linc amount of an incraue in the Contracts Sum occurring alcg curcamon of the Contract fur Comtruction. 5.2.5 If the OIJJIng or Negutwtion Phaco has not cornmemcd wnhbl 90 day's after the ArCh.11 t wbmlu the Construction Ddxumcnu to the Owner, any Project budget us fixed baht of Conttrvertion Coast shill be adjusted to reflect changes In the gcncrJ level of prices In the construction indusrry, between the dice of AubrnL%Wn of the Com«uedon Documents to the Owner and the date on which profmntals are sought. 0.2.4 II a r.,(M Ilett of Construction Cott (adjusted u pro va0cd In Subpnngnph 5.2.3) 4 caceeditu by clic Inwcad bona fide bid or negotiated proposal, the Owrnt shall: give whttcn approval of an mcfeasc N such flied limit, uunhotim teoiddhlg or renegotiating of the Protect within a rcasofuble rima FAX N0. 6126450079 P. 07 .3 If the Project u abandoned, ternnhlac to accordance With P3ra6T,rpin 8.3; Or .4 cooperate in rcvbing the Project scope and quality 14 required to reduce the Construction Cast. 5.2.5 If the Oevner ehcows. W pnx'eed under Clause 53.4.4, the Architect, without additional charge, shall modify the Con- tract fkxu=nu as nec-utry to comply with the (ited lint, if calablishcd as a cordsdtrn of thi% Agreement. The modifiadoo of Contract Documcnn shall be the fimit of the Architect's mpomibllity a eatng out Of the estah6luncnt of a fared limn. The Architect :hall tat entitled to compensation In accordance with thb Agrcenl[rnl fur all scry Lcs performed o hethcr or not the Constitution Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawtnp, Speoficawn and other doeumalts prc. pared by the Archmcct for this Project are insuununts of the Architect's service for 'ase solely with respect to this Pro;cct and. u.11ess other-'- provlded, the Architect shall be deceived the • author of thou dr cum u and shall retain all eomnwn law• statutory, and other reserved r:ghts, Including the copyfig t. The Owner Awil lee NninAted to rcialn copies• including tcpro- Judble copies. of the Architect's Dowings, Speuric-itiom and other docuticnti for infofnanun and reference in connection with the Ow net's use and Occupancy of the Prujmt. The Archl- ten's Drawings, Spconcauhns or other tkactimeno shall not be used Dy the Owncr or Othcn on other pmpct,, for additions to this Project or for completion of thele Project by others, unarm Lilt Architect Is aJludgeJ to be in default undo thus Agrcrmrnf, cxnpt by artreeincnt to writing and with appropriate cunnpen. sufon to the Architect. 6.2 Submissum or t:urnblinon of documents to meet ufndal regulatory requirrmenet or for %trndar purpose in connection with du Project ix not to be construed m publiatiun In Jeroga- txsn of the Archuectb rccr•ed rtghu. ARTICLE 7 ARBITRATION 7.1 Cbuns, dLputes or other mann in quurion between the partfea io thb Agreement art" out of or retailing to this Agree, man of brach tlxrcuf shall be subject to aril dccidA•t1 by zits. (radon lin accorcUlce with the Constnaction IndwUy Arbon• tort Auks of the Amerlrbl Arbitration Avocation curienily to effect uNess the patios mutually agree otherwise. 7,2 Demand for arhunuon stall be fded In writing with alit other luny to gnu Agrtvnnu and with the Anwrk:an Arbitra• tion Association. A dcnund tot arbitration slug be mads within s towable time after the claim, dl%pute or other matter hes quorion has laiden. fn no event shag the demand hof arhluadon be male after the %Lie when Ituutucbn of k%W dr tgtdahk proceedings based on such clam, dispute or other matter in quobori wv uld be barred by the applicable scaan of W-UL"'A 7.2 No srbitnuon ish,ing out of of netaung to this Ayrcrncm aha11 Inclu4, by conaWlOuwn. Winder or in any rwhet maturer. N adduionai person of eruhy ria a parry to this Agrefrllent. AIA 000UWKI 0111 • 0WKB•AWllTtClr AGUIKM • rotIATiM1t =nVW ,'"Ae • ©toar .���ll.180?6 THE ANaatCANe11T11t11t Of AAf,WflCTs.1711thvYOAAAyOMLItWDt .*.vAGTOM.DC Iouud IrAoanaao� UMc.neee ldiea.aoprnp Waco u e. ceAalOwt acs clic a •dAlect a tstsM t�� DEC -04-97 THU 03:37 PM ANYENY YELL ARCHITECTS except by written consent containing a spcdLc reference to this Agreement signed by the Owmer, Architect, and any other person or entity unrght to be joined. Consent to arbivasion Involving an addddonal pcfson or entity "I not wroautc concent to arbitration of any claim, dispute or other nutter hi civadon not ducnhed In the written consent or ,with a person or entity not nmol or duacnbal dierc rt. The foregoing agree- mttu to arbi=i: and oder agrcc=nts to arbitrue with an additional person or cndry duly cunxnted to by the part." to this AWrement shall be specXcally enforceable in accordance with applicable saw in any court having Jurisdiction cheroot. 7.4 The award rendered by the arbitrator or arbitnfun sh a be (!rail, and judgment may be entered upon it in accordance with npf+licable law in any court having JuriWrcdnn thereof. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMINT 8.1 This Agreement may be ernsLued by either party upon not leas daaii seven days' arttcn notice should me other parry fn d suliatanaa:ly to perronn In accortbnce with the tc=4 of ddu Ag=ncx,t dtruugh no fault of the patty initiating the tmnitnrWn. 8.2 If nhc Pruicct., sutpcntled by the Owner for more than 30 consecutive tUyb. the Arcrutcct shall be compematwl for ser- vice, perfoinncd prior to notice of such suspemnn Chun the pw.vct V resumed, the Architect's compensation shall be cqur- tabl'v cx adjusted to provide ler pertacs Incurred u, the intrrrtilr stun and rc,uniptbn of the Anhited's icrvtccs. 8.3 This Agrcerneof may be terminated by the Owner ups, nut I.ss Nan seven cLyt' written nate to the Architect In the event that the Project u permanently abancinned. If rhe Prolect n abandoned by the Owncr fur mum than 90 consecutive drys, the .srLhitm my terminate this Agreeliient by gdvyig whdcn notice. 8.4 Failure of true Owner to mice paymens to the Architect sat :tewrwnee with chis Agr"eem"ent shad be cuttakred tubatantLal nonjerfOonaicc and cause for termhution. 8.5 If [he Owncr hadA to make payment when due 0:e Archi- ccrt (err services and -pcnut. the Architect may. upon revers day: wr,acn notice to ehc Owner, suspend pedurmanee utu•I• v iecs .."clef this .%greenicni Unless payment In full is mglvcd by the Arch:i •ct within .even days WOW date of the notice, the swpentiun shall U" effect wbliout further notice In the event ofa swlwnunn of services. the Architect shall have no :dbdiry to the Owner for cWUy or dvnagc caused [he Owner because of tush suxperuwn of Wrvicu. 8.8 In the event of termination not the fAult sat the Architect, the ArchHm shl3 be eomf+ensaled for Acrvees perfomcd prior cu tcnntrutlun. tugurhrf with Rdmbursable Rspenses den dice and all T"inariation Ey,cmcs ar &,Cncd in Paragraph 8,7. 9.7 Termination Expunscs are in aJJiton to c0i"Pc Atlon tot H.wc and Addiltonal services, snci InWde m iacruu which are directly attributable to tcrmtutiun. Termination F..perim shall LC COmptded a, a percentage of the tool compensation to H;,tc Services and Ad4rjonal Services eamrd to the tone of su- mdtuion, as rullow.. Twenty percent of the coral cumpemasion tot Bask =U AOtiutonsl Services tamed to date If e raft"lon occult before or during the prcdceLRn silt analysU, or Schcma ii: Detogn Phases: or FAX N0. 6126450079 P. 08 .2 hr paccnt of the told compcnution for Have and Additional Services earned to date if terminadon occurs during the lXafgn fkvdopmcnt Phase, Or .3 Five percent of die rural compensation for Bask and Additional Sennccs earned to date if temdnactut Occurs during any subsequent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, thio Agreement slvaB be guv crned by d:e Iaw of the prinaprl place of bw+ncsd of the Archftcct. 9.2 Terms in this Agreement shall have the sonic meaning as chose In AIA Dnc .:.%201. Genera: Candalum of the Con- tac[ for Constructor., currant as of the date of thio Agrecmene. 9.7 Causes of action hcracen the pante w d.., Agreement pcnaining to acts or :"lures to act small be dccn:cd to have accrued a.nd the app:uable tututc$ of lirti:auons shall cvm- mcncc to run :tot later than either the date of Suh+tandil Com- pletion for xo or fmlwcs to act Occumng pnur to Substamdal Completion, or the rine of lavance of the final CMih=tc for Payment lir acts or f alures to aet Occurring after Substantia: Completion. 9.4 The Owner anJ Architect waive all rte!:u against each u:.ccr and agai.ut file contractors, eunndtanll, agents and employee of die other fur cl=Sca, but only ro the extent cov. crcd by property tnn,ranee during Wruerucwin. except such rihinrs as they my have to the prrac%tids of such mauranct: as scc forth n, she edulnn of AIA fkcunient A201, Genera: Condidom of the Contract for Curate ,r,n, evrre at as of Inc uitc of oho Agrcunent. The Owner anJ Architect each small roluire sutiaw wavers flora did cnr.lractnn, eunvliano and allnu 9.5 The Owner and Architect, rcy.cnively, bind themaclva, innr partners, successors, aulicru and legal mWocntatives to die ud:ct party to this Agreenicni and to the panncrs, sueces• son, sulgns anti legal rcprctcnraflvu" of such other panv with respect to all covc.wiu of this Agrernicnf. %either Ovrtcr nor Archllat .hA2 aatgn thio AyJcemcnt WIUInul the wnueri con. sent Of the other. 9.8 Thu Agreement rrpresenu the entire and integrated agrcc- meat between the Owner and Architect and supersedes a:l prior neg,cWuw, rcpssrnrations Or ugrccmcnu, cilia ver• ten or orad. lhit Agreement troy be amceded only by w'1 ism In,rfdnifill silted by hath Ownn and Atchlicci. 9.7 Nothing contmncci un thW ARrem:enl $hall crate acontma rual rclatlonship with or a cause of action In Loi of a third pany apin"t either the• Owner or AteNtcrt. 9.9 UNua otherwise pmvicicd to this Agreement, the Architect snd %tchitccf s cmisu:t inu shah hsve no responsibility fw the Jocovery, presence, h:ndling, removal of dispoaU of or eVxs sure of persons to reinsdaus nulcrisu in any form at the PNJ0.t sue. likluding (Ar own tbrWed to mbeved. aabotus proJucu, pulydtkuwnE btphmml (f+CB) of other tone subu:usco. 0.9 The Architect +hall have the tight to Include rgirascnu• ttuN of the design of the Noised. Inctuding photographs Of the estnior and interior, arnt'rng the Alchutcci s MomniWul cud proressWn+l material+ The Architect's nut.oik shop not Mdude the Ownc1's conrldc,usl of pfoprictary In[or=tion If the Owner has previuvtly Advtecd the Afchcncl in wdt+ng of AIA DOW101117 0141 • owftt""C"n-L" AGAaUIrNT t sodoTfsxns tanON • wt • Otgs, 7 8161.1997 Tit, tlm irANtreaTWritOFAautr*ten,nrg stV,CJ.K&WHs,I uW.WA ON.Dc /y}�iWP r� WANNIM0. tMlcenW aa"�e iso, esov� Lonssb y r pest w wort ArOAr<aAMfri• C/ DEC -04-97 THU 03:37 PM ANKENY KELL ARCHITECTS the specific information consWered by the Owner to be conK dcntial or proprietary. The Owner shall provide preemksnal credit for the Architect on the eonunacdon signs and in dse pro- motional run cr" fur the Projcct. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPEHS2 10.1.1 Dircet Personnel Expense Is defined n the direct salute of the Architect's pen onnd engaged on the Project and the portion of the cost of their mandatory and customary con- tnbutiotu and berullci related thereto, such as employment taxes and other scautory employee benefits, Insur = sick leave, holidays, vacatons, pensions and similar contnbutxsn and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in 2"uon to eaopenn- tion for Baste and Additional Santa and include expenses Incurred by the Architect and Arcttiteet'A employees and cors- sWtants in the tntcftw of the Project, L laknd&d In the Wow- ing Clato m 10.2.1.1 Expense of transportation In connection with the Proikct: expenses in connection with authorlzcd outokown trawl: Long-distance conununfatlon; and hes paid for secur- ing appros'al of authoruW haviryl ludsdlctton over the Prolect. 10.2.1.2 Expctbc of mproaluctlons, postage and handing of Dn-ings, Specifications and other doeurcnts. 10.2.1.2 If authorised In advance by the Owner, expense of Overtone wnrk requiring higher don regular tato. 102.1.E Lutist of rcnUrrV . models m W inock-ulm requested by the Owner, 10.2.1.6 Expense of adslitbsul incwancc covuagc or Limits, Indudng profcuiorul Liability insurance, requested by the Owncr in excess of that nortTaally Carnet by the Architect and Archucct's mrbultants. 10.2.1.8 Expense of computer-aided design and drat" cqugiment tnw when used In connection with the Project. FAX N0. 6126450079 P. 09 10.2 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10..1 An Lrddal payrncnt as sr: fbrth n Pangr+ptt 11.1 Is the minimum payment under this Ayttment. 10.2.2 Subsequent payments for Bask Servkcs :hall be made monthly and, what apphrsbk, shall be in proportion to ser - vim performed -shin e2oh phase of service. on the basis set forth in Subparagraph 11.2.2. 10,2.2 nand to the a ant that the time initially established ks Suh(nragnph I I.5.1 Of thb Agte®mr Is =r=dCd Or extended through no fault of the Architect, compensation for any scr vices tendered cludrsg the _..,.:__.,i period of tone xbA be computed In the manner sea forth in Subpangraph 11.5.2. 10.2.0 when ctsmpcnsation is based on a percentage of Con. strvction Cost and any portions of the Project arc dcktcci or otherwf�e not consuuctcd, comptlbadon for those portions of rhe Projcct shall be payable to the extent services are per. formed On those portions, in accordance with the s&..eduk 81:1 forth in Subparagraph 11.2.2, based on (1) the lowest bona ride bol or negotiated proposal, or (2) if iso such bid or proposal Is recdved, the nsoa recent preliminary csU=te of Construction Cast or demikel totbntre of Construction Cast for such pori tion of tilt Proiect. 10.1 PAYM1cM ON ACCOUNT OF ADDITIONAL 10.4.1 Pavmcnb on account of the Architect's Addl Wnal Services and for Relmbumble Expenses shall be snide monthly upon presentation of the Architect's statement of scmicu rcn- dered or expenses Incurred. 10.5 PAYMENTS VOTH1(ELD 10.5.1 :•u tleductiona .Nall be road- from the Archimet's tom• penution on account of paTnky. liquidated damages or other sunt withheld from paymcncc in eontrxton. or alt account of she cost of ehsnges in the Work odor than those fur -huh the Architect Isar been found to tri Uable. 10.6 ARCWECrS ACOOWKIINO RECOROB 10.8.1 Records of Rcmmbursabk Expenses and expenses per• uinng to Additional Services and services perfurmcd on the basis of a multiple of Dimes Pctswuxl Expanse shill be avail• able to the Owner or the Owns s authorised repro, ntauvc at mutually convmlem times. ARTICLE 11 DAM OF COMPotsAT10N The Owner shall conspenAate the Architect da follows. 11.1 AN INITIALPAYME%-rof Zero DOUam(S-0- shall be made upon exMtton of this Agreement And credited to the Owner's account at final payment. 11.2 BASIC COMPE"TION 11.2.1 FOR BASIC SERVICES, is described in Aruek 2, and any other services Irscludcd In Art-te 12 as pan of Duk Services, Baric Compensation shall be computed as follows. fl— eon 2.y r•xyuwxxnw, tuhrtV -,O-f-- a•o, P Wrtosn s/wxwttArA a twain ice+ to .sv.A P.—~ . V rpyv+..nuc+ ry1er., y ,weary/ Basic services shall be Eight (8)% of tho total construction cost. VA DOC%Ms, ala • osN1a .acitrnct AGslasnlrT • NXIaT4NTR srxrlor •xis• • o 2.r.+ p�1.1887� tilt Aa[WAN I"ITIMS Of AsuCRRtc1s. iris nit You Avid" K.7, wAsmINGTOR. D c. sono" J RL -1011Y, YY111ss1s0+ tFmssts••r sbtst� Y4 towels lir•• •rsa 1• W Par 1"M MSM. am DEC -04-97 THU 03:38 PM ANKENY FELL ARCHITECTS FAX NO. 6126450079 P. 10 11.2.2 Where eompcnntlon b based on a sdpuLvcd sum or pcnattW of Construction Cost, progress payments for Basic Services In each phase shall tnul she following percentage of the Loud Basic Congieniuion payable. (erre. —ruvr peon n x/WoP•••• I Schcrnauc Dcugn Phase: Stage 1 Twenty percent (20 %) Design M clopmcnt Phase: Fifteen percetu 115 %) Con`tn"oonDocumentsPhasc: Stage 2 Forty petwu(40%) Bidding or Nc&oLiation Phases Five percent( 5%) Construction Phase: Twenty Permu(20%) Total Basic Compcth%atlon: one hundred Percent (100%) 11.3 COMPENSATION FOR ADDRIONAL SERVICES 11.2.1 FOR PROJECT REPRESENTATION BEYOh1) BASIC SERVICES, as described In Paragnph 3.2, compewtion shall be mm• puted as follnws- On an hourly basis as follows: Principal time at $110.00 per hour Staff time at 2 1/2 x D.P.E. per hour 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described In Articles 3 and 12, othrr than (1) AddWomil Project Rcptescnution, as dccribcd In Pstagraph 3.1, and (2) services included In Article 11 as part of Basle Servlccs, but imcluding servtecs of curwulurts, compensation %hall be enmpuu:d a 10110 • . Ir,,.r.,r..,•,ya•.+nr.,rn,,.t ,wJWiW NM aW,01 ern,p4. q ben'. N-0 eaprxL/wP.l.rtpW.+dr.y+un•.a.+t ..r.aJ�r•.r.,cywrr a.w tea.rr/,r a•.prm «r J .nrr.rmr In, err Jy MtrJ• ..ran n. , ms 1—W.", rrn—U e/ ro.•pwua,.,..rpiy J u,rcntxr,. r On an hourly basis as follows: Principal time at $110.00 per hour Stahh time at 2 1/2 It D.P.E. per hour 11.34 FOR ADDITIONAL SERVICES OF CONSULTANTS, Indudrtg ad&; QA+t un=waL mechansrd and electrical englnccring Krvhccs and Now(rovided under Subpuzer4h 3.1.19 or Idensilled In Ankle 12 as pun of Additional Servlet, a multiple of one & one. tenth ( 1.10 ) Woes the atnounu billed to the Architect for such Cervices. Irw,•,.th wide. 7M• drexr.u.+r to .t•msr res. J a•n•+•+r 11.4 RUMISURS"LE EXPENSED 11.4.1 FOR RELMBURSABLE TPENSES, v In PariVaph 10.2, AW any other item Inchtded In Article 11 as Rcunburuble Expenses, a multiple of one a one. ten [ (11.10 )— the espenum Intv^ed by the Architmi, the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE RASIC SERVICES covered by this Agreement have not been completed urltitin Twenty -Four (24 ) rnoruhs of the clue here(f, through no hint of the Architect, extension of the Archaccl s services beyond" urme shall be curnpcwtcd as prosided in Subparagraphs IOJ.) and 1).3.2. 11.5.2 Payments are due and payable Thirty ( 30 ) days rtom the date of the Afchum's )n—wc Amounts unpaid Thirty 1 30 ) days after Ne Invoke due shall bear uuc ur at the rite ematd below, or in the atnenee thereof at the legal nue prevauLng from time to time n die prl x#W place of btalneu of the Arhltecl Irxu•.r nu y'+ror^'"F"""'0°"' 1% per month ( 12% Annually ) Anse T-" rx M �.swt.�r0 rut r 0••xrUtxt Cr••� 9e. wrx.•.. w Mutes. a/ w e7+.+•� ^rs twrw �w7m•wr w twrnJ .wµar re ,%Nrrtvu a .•M✓ut..u. w/ .cw W.nb V �t•.� W BOOM �1a1 • d'C74CJ1ra117iCT .Gear'%•t-YT • COl'tT[[Mnl "XrOM • 4U• • O tar 0 81N•19l7 ewsNaaucsntumtnrOtAacmltRa,nrfNl+Yoa�.wn.+.w.w.�s+eat//�r�]aN.ncauo�rg IYaAsaMO: {Ydrwrtl DMtsrMM1 .Wn uS«wnwssiiis s"bod saru.r.888m"w,SV �° Q7 I DEC -04-97 THU 03:38 PM ANKENY KELL ARCHITECTS FAX N0. 6126450079 P. 11 r 11.6.7 The races and multlpin sec forth for Addltlonal services shall be attrusally aditnted in accordance with normal salary review practices of the Arehiwn. ARTICLE 12 OTHER CONDITIONli OR SERVICES fap.r e,ro,p , t om.. unra �•nh,uarwr S. IM asst "bw A w ranpne.rr.. A" Pm fry a a.p�..n.r o ra.p.+,.eaw r...r nrn.rr a dNr �...maj 12.1 Basic services under this contract does not include the Pre -design services as described in the Ankeny Kell Architect letter agreement dated November 7, 1997. This Agreement entered Into u of the day and year Orn wrinen above. OwNElt City of Monticello ARcHmCT Ankeny Kell Architects, P.A. (Irp,mr.rf , . (riP�nJ briald V_ AnkPnv_ P�dtnt fAvrrM ,ser ae turf (wusr wow "arty t 1 CAUTION: You should sign an original AIA document which has this caution printed In red. An original assures that changes will not be obscured astray occur when documents are reproduced. au 000urrr* atsf • owwaact LT " 901^ • tolLLTtulm =Tidll . w• • 01147 41.1987 10 TILL OURICAM CIRr M or#XXff%M ITO Inv TM IVixut, wmw t1'"bwt6Tw. DLG tacos —14) aumtGt IlwwwM �Mdoom LLL awlMt on Wd Y Newa No MrnOw COMMUNITY CENTER UPDATE December 4, 1997 Planning activities for the community center are in full swing. Meetings with community user groups have been scheduled. The architects met with City staff on Tuesday, December 2, and obtained input on City office design issues. Inclusion of the library and deputy registrar are new ideas that are also being considered for addition to the facility. User group meetings are set up for December 9 and 16. Council members are invited as well as members of the public. A notice to the public regarding these meetings has been placed in the Monticello Times. The architects requested that staff send a survey to city residents regarding community center design ideas. This survey is being distributed at this time. The senior citizens really helped staff by folding and stuffing 2,500 envelopes. Thank you seniors! Results from the survey at the business expo have been compiled and are available for your review. On December 1, the senior citizens went on a tour of senior facilities in the metro area. The architect felt that the tour was very helpful in understanding the seniors' needs. A tour of six community centers by members of the task force is being conducted on Friday, December 5. We hope to have video available for the balance of the task force and Council review. Financing and referendum options relating to water and ice continue to be explored. Based on the architects' experience witnessed at other facilities, a water park and walking track are important in developing a lively, attractive center. More information to follow. CENTER UPD 121"7 1St) . /I Council Minutes - 9/22/97 Assistant Administrator Jeff O'Neill reported that the task force established to study development of a National Guard Training and Community Center completed the initial phase of its work and recommended that the City Council support a letter of intent to the National Guard indicating the goal of beginning facility construction in 1998 with occupancy by September 1999. The site proposed for the facility is a 7 -acre site in the area of Walnut and 5th Streets, which corresponds with the HRA/MCP plan for the Walnut Street connection of downtown and the mall. The training and community center as proposed would include the following uses: National Guard Offices: (4,000 sq ft) The building must be designed to allow expansion to 8,000 sq ft. Additional outside storage in the amount of 15,000 sq ft must be available within 2 miles of the site. Alternative Learning renter: (4,000 sq fl) This use assumes that sufficient revenue can be derived from the ALC program to pay for the cost to provide the space and support operation costs. City 011ices: (9,000 sq ft) This portion of the facility would be in lieu of purchasing the Marquette Bank building since this portion of the project could satisfy the city office needs at no greater cost than the bank building purchase. Senior Conte : (4,500 sq ft including private lunch room) Because the senior population is the second fastest growing group in the city, the current facility would only be sufficient to satisfy short- term needs. Recreation Services/Youth Cpnter/YMCA OlLces: (4,900 sq ft) The precise manner in which this space would be used was not defined at this time; however, the task force felt it was important to include space for youth activities with actual programming to follow. Also included in the proposal is a 'wheel park" which would consist of a paved surface and ramps for use by rollerbladers and skateboarders. 5b - / Z Council Minutes - 9/22/97 Joint Use Snacg: (23,970 sq ft) This space would include a kitchen, gymnasium, two meeting rooms, large meeting room/council chambers/corporate training area, media room, lockers, restrooms, and lobby. Aqis .i n er and Ice Sheet: The task force stressed in their recommendation that both the aquatic center and ice sheet should be incorporated into current site planning activities; however, they were not included in the cost of the core facility, as the timing of construction and associated financing must be staged and structured in a manner that makes them affordable. The total cost of the core facility without water and ice was estimated at $6,033,000, which includes $1,000,000 for land acquisition/relocation costs and $4,813,000 for building and site improvements. Of the $4,813,000, the National Guard's share of the cost is $1.5 million, with the School District paying $450,000, which leaves the City's share at $2,862,000. O'Neill noted that the task force proposed utilization of lease revenue bonds plus other City sources for financing the City's share of the facility, which would not require a referendum. Rusty Fifield of Ehlers and Associates noted that the community center financing was still in the preliminary stages; however, it was estimated that the total bond issue required for the project would be $3,950,000, which was illustrated utilizing either lease revenue bonds or general obligation bonds. Additional financing tools were also being evaluated to reduce finance and interest expenses. Councilmember Clint Herbst noted that he was in favor of the idea and the location of the facility; however, he felt it was important to research the cost and financing for the project prior to making a commitment to the National Guard. In addition, he noted that he would be opposed to financing nn aquatic center or ice sheet without n referendum. Assistant Administrator O'Neill noted that the task force will be meeting on October 7 to review the proposal. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE nilELEN AND SECONDED BY ROGER CARLSON TO ADOPT A RESOL"ION ADOPTING THE FOLLOWING RECOMMENDATION BY THE TASK FORCE AND TO SEND A LETTER OF INTENT TO THE NATIONAL GUARD ACCORIIINGLY: THE CITY WILL STRIVE TO BEGIN CONSTRUCTION OF A CORE FACILITY IN 1998, WHICH WILL GENERALLY INCLUDE NATIONAL GUARD OFFICES, ALTERNATIVE LEARNING CENTER SPACE, CITY OFFICES, SENIOR CENTER. RECREATION SERVICES/YOUTH CENTERNMCA OFFICES, AND JOINT USE SPACE. Sz -13 Council Minutes - 9/22/97 2. THE METHOD OF FUNDING THE FACILITY WILL INCLUDE $1.5 MILLION FROM THE NATIONAL GUARD. THE BALANCE WILL BE FUNDED THROUGH A COMBINATION OF SCHOOL DISTRICT FUNDS (ALC), LEASE REVENUE BONDS, AND OTHER CITY FUNDING SOURCES TO BE DETERMINED. THIS FINANCING METHOD WILL NOT REQUIRE A REFERENDUM. 3. THE GENERAL LOCATION OF THE FACILITY WILL BE BOUNDED BY MAPLE STREET ON THE WEST, WALNUT STREET ON THE EAST, RAILROAD TRACKS ON THE NORTH, AND 6TH STREET ON THE SOUTH. BEGIN NEGOTIATIONS WITH PROPERTY OWNERS ON PURCHASE OF THE SITE. 4. THE AQUATIC CENTER AND ICE SHEET ARE IMPORTANT PORTIONS OF THE PROJECT. TIMING OF CONSTRUCTION AND FINANCING OF THESE FEATURES ARE UNDER STUDY. 5. BEGIN THE PROCESS OF SELECTION OF AN ARCHITECT. 6. THE SITE WILL BE DESIGNED TO ALLOW ADEQUATE SPACE FOR EXPANSION AS NEEDED BY THE NATIONAL GUARD. Motion carried unanimously. SEE RESOLUTION 97-49. Council Agenda - 12/8/97 The City is asked by the Planning Commission to appoint Robbie Smith to fill the position vacated by Jon Bogart. The Planning Commission interviewed five excellent candidates for the position. Robbie is currently serving on the Parks Commission. Individuals that interviewed included Tom Perrault, Steve Andrews, Dan Kraemer, and Roy Popilek. City staff hopes to interest the four other candidates in other city commissions or head them toward service on the MCP. Motion to appoint Robbie Smith to the Planning Commission position. Motion to appoint one of the other candidates. C STAFF RECOMMENDATION: The City Administrator recommends alternative #I. D SUPPORTING DATA: None. Council Agenda - 12/8/97 This item was originally discussed at the October 27, 1997, Council meeting with regard to preparation of a Water Resource Management Plan for the entire city. Discussion during the October 27 meeting was that the plan was necessary due to the recent incorporation of the trunk storm sewer fee process since some of the areas in the city had not been studied and, therefore, we were not able to charge the trunk storm sewer fee. The primary concern during the Council meeting was with regard to how the study would be paid. Following that meeting during budget discussions, it was determined that the study could be paid out of the trunk storm sewer fee fund. Therefore, with that understanding, we would like confirmation from the City Council of their intent to move forward with the preparation of the plan at this time. Motion to authorize preparation of a Water Resource Management Plan for the city of Monticello, which would be paid out of the trunk storm sower fund. The cost of the plan would be $40,000. Motion to deny authorization of preparation of a Water Resource Management Plan. C. STAFF RECOMMENDATION: Staff recommends alternative 111. D S iPl'ORT N DAT : Proposal from WSB & Associates. - BA. Miud-A,. P.E. ��� 350 Westwood Lake ar9A.Udu. P. E, 8441 Wayzata Boulevard d rn« a u%V su,nhdnR, r.g. Minneapolis, MN 55426 nnn�td u.5 r n�. r.E R—ld B &ry, P.E 612.541.4800 &Associates, Inc. FAX 541-1700 October 22, 1997 Honorable Mayor, City Council and Staff City of Monticello P.O. Box 1147 Monticello, MN 55362 Re: Preparation of Water Resource Management Plan for the City of Monticello WSB Proposal No. 021.97 Dear Mayor, City Council, and Staff: Attached, please find a scope of services to prepare a Comprehensive Water Resource Management Plan for the City of Monticello. Preparation of this plan will allow the City to develop and define approaches, positions, and design standards associated with a wide range of Nater resource management issues in the City. When completed, we would expect the City will have developed a clear consensus and standards relative to: • On-site storm Nater management requirements, pond design standards, wetland management standards, and design storms to be utilized for the construction of storm water management improvements; • Treatment requirements, developer standards, and approaches to financing storm water projects; • Classification of water bodies for intended use, wetland banking, wetland conservation act permitting, and utilization of on-site versus off-site ponding; • Design standards relative to protecting ground water qualit; • Identification of water resource -related problems and corrective actions, and storm water maintenance planning; • City budgeting for future projects and programs, and the development of unified perspectives for city staff and council members regarding these issues. The scope of services and specific tasks outlined within this management plan provides the background information and tools necessary to address the above-described issues, as Nell as a host of other water resource management issues outlined in the scope of services. If you have any questions concerning the scope of serices, the tasks or the objectises of this planning process, please do not hesitate to contact me at $41-4800. Sincerely, SBS Associales, Inc. p Peter R. Willcnbring, P.T. Vice President 1 c: Bret Weiss, WS13 R Associates, Inc. Iltfin MntrhnY taighreerr 17rnmrrt I .—Ile 1. I. % t(jt vi W]"krtwvINIrl,l1Ia F. Proposal to Prepare City of Monticello Water Resource Management Plan Prepared by: WSB & Associates, Inc. 350 Westwood Lake Office 8441 Wayzata Boulevard Minneapolis, AfN 554/6 �B T� FF— City of Monticello Water Resource Management Plait I. Scope of Services A Comprehensive Water Resource Management Plan will be developed to meet the needs of the City of Monticello. This plan will meet the provisions of Minnesota Statutes 1036.235 and Minnesota Rules 8410. The work effort wil l result in a single, comprehensive %eater resource plan for the City of Monticello that will address the City's water resource needs, now and in the future. Specific Tasks/Serrices to be Provided The scope of services we intend to provide is outlined below: A. Project Management 'ro provide the City of Monticello with positive assurance that the work effort associated with this project is clearly defined, staffed, budgeted and managed, a number of project management tasks are outlined below: I . A detailed work plan will be prepared and subm itted to the City for review. This work plan will reflect conformance lvith,* completion date3. 2. At the onset of the project, a meeting will be held, during which time appropriate members of the consultant's project team will meet with the City stafito review the work plan. Future progress update meetings will also he scheduled with the staff at this time. 3. Monthly project status reports will be prepared and submitted, along with monthly invoices. 'Ihe status report will describe the work completed in the past month, outline any issues of concern that should be addressed, and review the anticipated work to be completed in the upcoming month. Cit)• of .1londrrUo 11'mrr Rrtaurce.l fanare-mrm Plan 0. I.97 - .Fenlon I • Parr I A19 S�F -3 4. The number one priority for the project manager will be to maintain clear communication with the City Staff throughout all aspects of the project so that the City's needs and desires can be thoroughly addressed. Deliverables: • Derailed work plan • Schedule of project update meetings • Commitment to project communication B. Data Collection This part of the work effort consists of gathering all relevant water resource -related information for the City of Monticello, including the following: 1. Obtain Information from City Staff A meeting will be held with the City staff to obtain all pertinent in-house water resource information. The following data will be collected: a. Water resource related agreements between the City and outside parties. b. As -built drawings of the existing trunk storm water conveyance system. C. llie City of Monticello Shorcland Ordinance. d. PBMA's flood plain maps and any Letters of Map Amendments. e. The City's Comprehensive Plan. f Available Topography Mapping g. All previous reports prepared regarding storm water management or water quality issues. (.7p, of.ltonticello Water Resource.11anagetment Plan 021.9 7 • Section I • Page 1 WASB Vr I. Obtain Information from Other Agencies \` A letter and detailed check list requesting Tater resource information for the City will be sent to each of the following agencies: • Wright County • USGS • Minnesota Department of Natural Resources • Minnesota Pollution Control Agency • U.S. Army Corps of Engineers • Fish and Wildlife Service • Other organizations that may be applicable. This will be followed up with a telephone call to provide additional assurance that the agency representative completes a thorough search of their files for the requested information. 3. Conduct Informational Afee►ing Two public informational meetings have been incorporated into the scope of this proposal in order to receive input on Tater resource related issues which will be addressed as part of this planning process. The City will send out whatever public notices are desired for these meetings. Other meetings may need to be held with the Chamber of Commerce, the Industrial Development Committee, the Planning Commission, the Council or others during the plan's preparation process. Because the work effort associated with these meetings cannot be defined, time associated with these activities will be billed as extra services. Gry of 3tonticello nater Reioarre .11anareteent Plan 011.97 • Section J • Pare ! iti'�s SF S 4. Prepare Data Collection ,Memorandum A data collection memorandum will be prepared outlining the data sources which were contacted and the results of these contacts. A description of the information obtained will also be provided, along with an organized set of file folders, clearly labeled, containing the information collected which the City can utilize in the future as reference information. Deliverables: • List ofagencp contacts • Public input into planning process • Identy1catlonojproblenu • Nater resource library C. Analysis and Interpretation of Water Resources Data The water resource data collected as part of the previous tasks will be analyzed. interpreted and summarized to provide the City with an indication of the present status and possible trends concerning water resources. Specific information to he included as part of this interpretation and analysis is described below for each ofthe water resource management concerns. 1. Hydrologic and lij•draulic Modeling a. Review hydrologic characteristics of each watershed under existing conditions to determine the critical event for each subwatershed. b. Make recommendations for new ponding areas if appropriate. New Shinn water ponds will be sized for the critical 100 -year stomt. C. Normal and 100-yearhigh water elcvations will be calculated For ponding areas and open channels. d. GNiSting wetlands and natural storage areas will be utilized for storm water storage where possible. C. Recommendations concerning proposed outlets and their invert elevations will he developed for the City's landlocked basins and lakes. Oty of 3lonrlrello nater Resource 3lana:ement Plan 0.1.97 • .Section I - Paye 4 WASB SF -1, f Recommendations will be made concerning the need for changes to the existing storm sc%ver system and the need for additional storm sewer construction where appropriate. Lateral storm sewer systems will be sized to accommodate a 10 -year storm. g. Surface water management criteria will be developed. h. Recommendations outlining solutions to prevent existing flood problems will be developed. i. A digital hydrologic soils classification map will be developed for the City. j. All areas within the City of Monticello will be modeled using a TR 20 - based hydrologic model (HYDROCAD). As part of this modeling effort, up to 100 watershed areas will be delineated and existing and proposed storm water retention and treatment facilities defined. A map will be provided showing subw•atershed delineations throughout the City in conformance with the model. Pertinent hydrologic information, including drainage area, time of concentration, curve number (based on land use and soil type), storage required and the stage -storage discharge relationship for each storage area will also be provided. fully developed storm water runoff rates and flood elevations for the one and 100 -year return frequency critical duration event storms will be nm and summarized in this report. This modeling effort will UelJrerahlev inco orate al I previous hydrologic - llydrocad model for entire On - incorporate PDlgltal hrdrologle soils ala.%,vipeadon studies, which were completed for "tai' • Digital subwatershed map the City. • Detailed hrdrologlc data jor each suho•atenhed 2. Flood Plain Management A map showing delineated flood plain boundaries will he prepared based on existing available information. cin• (!f lloarinllo Water Re%ource Management Plan 021.97 • Section I - Page S �B T The location of flood -prone structures on the flood plain map will be identified. A discussion of past floods in the City and the damage associated with these events will be provided, along with other pertinent information related to flood plain management. It is anticipated that the city records will provide us with information concerning past flood events. Deliverables: • Digital map offloodplain boundaries • Digital map identifying good prone structures • Discussion of pass floods 3. Shoreland Management A map of DNR -protected and non -protected waters will be prepared. Available information on the NOHW (Normal Ordinary High Water) for these waters will also be provided. A narrative discussion outlining DNR shorcland zoning requirements, the areas regulated by the adoption of shorcland zoning ordinances, and the impacts of these regulations on development in the City will be provided. Deliverables: • Di tial map of DNR -protected waters and N�Inv • Discussion of DNR Shoreland ordinances and their Impact f. (Vater Quality The water quality component of the plan will include: a. A review and summary of the water quality within the Cite. h. Development of a future sampling program that provides an analysis of kcy water bodies within the City. C. Development of water quality policies in conformance with the requircnments of the Minnesota Department of Health and Minnesota Pollution Control Agcncy. flq, e f.t/rnnkdla Nater Rewurce Management Plan 021.97 - Seethm I - Page 6 AS 5F 8' d. P-8 Water Quality Model or other acceptable model will be developed to assist in: (1) Predicting surface water runoff pollutant loadings from areas within Monticello. (2) Analyzing treatment capabilities of existing and proposed retention basins. (3) Developing local recommendations relative to enhancing water quality management. e. Develop a recommended water quality monitoring program that will allow for calibration of the P-8 model. Upon completion of the model, a summary and interpretation of available information on water quality within the City will be available. Deliverables: • P-8 model for all areas of the CIA, • nater quality nwnitarin , plan • Interpretation of P8 modeling results • Discussion of Mater qualm In the Cin• S. F_rosion and Sedimentation Control Existing erosion and sedimentation control practices will he outlined in the narrative portion of this section. A map showing erosion and DelO•crables: • Digllal map of erosion control problem areas sedimentation problem areas will . Recommended erosion control policies be prepared. 6. 11'etland ,lfanagement Plan Existing water bodies and wetlands will he classified to define their function for storm water treatment. CIO, ofllonticello Water Resource .Ilanagement Plan 021.97 • Section I • Page 7 AB sF-9 The classification will be based on a water bodies' public use capability, the wildlife and aesthetic values of the wetland, and the downstream benefits the water body is providing in regard to treatment of storm water runoff. The proposed classification system will be developed and submitted to the City of Monticello for review and comment. Based on feedback, the classification system will be finalized. A Wetland Management Plan will be developed which will include the following: a. Wetland protection policies consistent with the Wetland Conservation Act of 1991. b. Wetland inventory that includes: (1) Identification of the existing wetlands including predorinantvegetation types. This effort is based on using NWI maps, aerial photos and soils classification mapping. Each wetland will be field-veri ficd for existence of wetlands in those locations. Formal wetland edge delineations and surveying are not included. (2) Determination of approximate wetland functions, values and dominant vegetation. (3) Identifying the Department of Natural Resources Protected Waters. C. The 1Vetland Management Plan will be incorporated into the Water Resource Management Plan. d. A map identifying cacti wetland with a corresponding table containing the pertinent information from the above items will he prepared. C. Identify potential areas of drained and/or filled wetlands within the City that can he considered for restoration and wetland banking. Chy . f Montivello Water Reinurce .Uonarrmenr Plan ts 021.97 • Section I • Page A W I,- SF - /D Deliverables: • Wetland classification system • IVerland polic es • Field identification and classification of wetlands • Digital overland map showing the results of field verification • identification of potential wetland restoration sites 7. A'PDES Permit Recommendations As part of the development of this Comprehensive Water Resource Management Plan, objectives, policies and management actions will be formulated that will allow the City of Monticello to anticipate the future preparation of an NPDES application to the MPCA. Specifically, background inventory information on the existing storm sewer system will be provided in such a manner that would be consistent with an exhibit that would be required in an NPDES permit application. 'rhe plan will also outline the activities necessary to comply with NPDES permit requirements, as well as the time frame and cost for these activities. Deliverables: • Discussion of AWDES permit requirements • Policies complying with NPDES requirements D. Water Resource Inventory (lased on the information gathered during the data collection, analysis and interpretive activities, a water resource inventory will be developed to provide background information and documentation regarding assumptions made in the development of the City's Comprehensive Water Resource Management Plan. Land and water resource information will be developed for each of the following areas of interest: I. Precipitation Probabilities 2. Geology and Topographic Information 3. Wetland Locations and Types J. l lydrologic System Layout 5. Flood Problem Areas 6. Existing Flood Insurance Studies 7. Water Quality Data (74, of .11ontirello a titer Retnuree .Management Plan 011.97 • Section t • Page 9 WSS 8. Shoreland Ordinances 9. Surface Water/Ground Water Appropriations 10. Ground Water Resource Data 11. Soils Information 12. Land Use and Public Utility Services 13. Public Areas for Water Based Recreation and Access 14. Fish and Wild Life Habitat 15. Unique Features and Scenic Areas 16. Pollutant Source Locations Deliverables: • Digital Maps • Flood problem areas Wafer Quali!), Monitoring Sires Well Locations • Hvdrologic Soils Classijleation • Land Use Pollutant Source locations • Detailed breaAdown ojinjormation used to develop the plan E. Establishment of Goals and Policies Goals and policies for the management of water resources in the Cit>, of Monticello will be developed to compliment County, regional and State goals and policies. Goals and policies will be developed for the following areas of water resource management: I. Water Quantity 2 Water Quality 3. Recreation, Fish and Wildlife 4. Enhancement of Public Participation Information and Education 5. Public Ditch Systems 6. Ground Water 7. Wetlands 8. Erosion F. Problems and Corrective Actions flry nj.11nnticel/n 11'aar Reourre,7lanagement Plan 011.97 • Section I • Page 10 Deliverable: • Goals and policies providing direction to the Ch), and Developers in managing water resources In the Cio As part of this task, water resource management problems identified within the City, of Monticello during the data collection process will he identified and corrective actions will be developed to address these problems. Problems and corrective actions will be identified for the following areas: I . Lake and stream water quality problems 2. Flooding or storm water rate control concerns within the City of Monticello 3. Flooding or storm water rate control concerns between the City of Monticello and adjoining communities. 4. Impacts of water quantity or quality management practices on recreational opportunities. 5. Impacts of storm water quality on fish and wild life resources. 6. Impacts of soil erosion on hater quality and hater quantity. 7. General impact of land use practices and, in particular, land development and land alteration on water quality and quantity. 13. The adequacy of existing regulatory controls to manage or mitigate adverse impacts on public waters and wetlands. 9. The adequacy of programs to limit soil erosion and corresponding water quality degradation. 10. The adequacy of programs to maintain the tangible and intrinsic values of natural storage and retention systems. 11. 'Me adequacy of programs to maintain Nater level control structures. 12. 'Ilse adequacy of capital improvement programs to correct problems relating to .eater quality, hater quality management, fish and wild life habitat, public waters and wetland management, and recreational opportunities. 13. Identification of potential problems which are anticipated to occur within the next 20 years based on growth projections and planned urbanization. This task includes the Uellrerahlo: development of water resource • Carmr�preIen%lre lht of crater rewurre management design standards to prohlent.c. . l,Joo/corrective action% fin each problem providcclear direction to Jdemlfled. developers on water quality and • nater Resource illaaarettteln.vtantlardv 1' Ater quantity issues. for Developers. Or g1,11ondrello nater Resource .l lanarement Plan 0.1.07 • .1'ertlon / • Pare 11{vA T_�_ SF -!3 G. Financial Considerations Implementation of the proposed regulatory controls, programs and improvements that are identified in this Plan will have a financial impact on the City of Monticello. To establish how significant this impact will be, a review of the means and ability of the City to fund these controls, programs and improvements is necessary. Alternative financing options available to the City of Monticello will also be explored. Deliverables: Discussion of financial impact of Plan on the City's existing funding sources. Discussion of alternative financing options H. Implementation Priorities I Implementation Program The water resources studies, programs and capital improvements that have been identified either through the Goal and Policies section, or the Problems and Corrective Actions section will be identified within this portion of the Plan. These identified programs, studies and capital improvements will be prioritized and an estimated cost to complete each will be provided. This will give the City clear direction in implementing the Water Management Plan. Deliverables: • Prioritized living of roarer resource studies, programs and capital improvements to be completed • Estimated costs to implement each program, study and capital Improvement. Amendment Procedures There will be a defined process for amending the City's Comprehensive Water Resource Mana6emcnt Plan. Amendments will be defined as major or minor providing the City thr, ability to modify the Plan as needed in the future. This section will also identify the dale through which this Plan will be effective and by which time it must be reviewed and updated. Deliverables: Definition of major and minor plan amendments. • Amrodmentprocedurec Prepare Final Report/Product I-'illccn (15) copies ofthe Comprehensive Water Resource Management Plan describing the results of the tasks outlined shove will be provided, following CAD, of stnntleello Water Retnurce,ltanagement Plan 0:1.97 • Sert/nn I - Page 11 W&B T� approval of the plan by the City Council. Copies shall include maps of legible scale detailing the wetland inventory, major and minor subwatersheds, existing and proposed storm sewer facilities, and detention basins. Full size copies of all maps will also be provided. The outline of the Comprehensive Water Resource Management Plan will be as follows: a. Purpose. The local plan will have a section entitled "Purpose" which outlines the purposes of the water management programs. b. Water Resource -Related Agreements. Any appropriate water resource management -related agreements, which have been entered into by the local community, will be outlined. This includes joint powers agreements related to water management that the local community may be party to between itself and adjoining communities, or private parties. Available information concerning these agreements in general conformance with the content of joint powers agreements will be included. C. Executive Summary. The plan will have a section entitled "Executive Summary", which generally summarizes the content of the local plan. The format for this "Summary" will be similar to the summary used in the City's comprehensive plan. d. Laud and lVater Resource Inventory. The plan will contain a composite land and water resource inventory containing all relevant water resource data. e. Establishment of Policies and Goals. The local plan will state specific goals and corresponding policies related to the purpose of this plan, he consistent with the policies and goals of other governing bodies within the Cit and address the relation of the local plan to the regional, state and federal goals and programs. f. Assessment of Problems. The plan will contain a summary assessment of existing and/or potential .water resource-relatedpproblems. (which affect the community. The problem assessment swill be completed for only those areas within the corporate limits of the community. g. Corrective.4clions. 'This plan will describe nonstructural. programmatic and/or structural solutions to the problems identified. h. Financial Considerations. This plan will contain an analysis of the financial impact of intplenientation of the proposed regulatory controls and programs. The analysis will include at a minimum the follo%%ing items: fio, of .11ondreao Water Rnrmae Management Wan a: t. v7 • Secdnn / - Page M AB SF - �5- • Watershed map • Wetland inventory map • Subwatershed delineation map • Water resource problem area map • Water quality monitoring sites location map • DNR water appropriations permit location map • Hydrologic soils classification map • City of Monticello land use map • Pollutant source location map • Flood problem area map • Floodplain boundaries map • Erosion control problem areas map Chy of .11ondnllo Water Rrtourcr .11anagrmrnl Plan 021.97 • Serdon 1 • Page 15 AB I � SF-�1O City of Monticello Comprehensive Water Resource Management Plan IL Project Schedule rrrt r..v ncucw/mnvc 'Y.rr JI (. 1f/• .(11 /l/l rl r� IN7 J1. I(N ` NAA R[—W IIIL.InI ■(i M I, I 6 w'.IU IILgN I[i _ 6 E I ..n Iolmu . , il�tlnl ■,.rlMll w (wn lwt.,, mw nl.amo U hl.ue N.,l rwrr (m n/ NnwNr dln wYwmNw.wl mm na W • /'rL/rl, t.#rlrlr - VN,NM it - hp i As �% SF_/7 Council Agenda - 12/8/97 I I, A I I 1 -411)% '. 1 f: I a: 1410 1 1 1 �-. 1' 1 •!1 1 : 1 L,1 1; 'II 1 1 1 I II I,11;,: 1 ;,1 A. REF .RF.N .F. AND BA .K .RO iND: The comprehensive sanitary sewer study completed for the city of Monticello in 1995 identified the establishment of a new interceptor line called the "southeast interceptor." The southeast interceptor would serve the southeast side of the city in addition to collecting the flow from the reservoir lift station, which would be rerouted into the southeast interceptor, thereby relieving capacity in the main interceptor located along Sixth Street alignment. This feasibility report would address issues related to providing service to the St. Henry's Church, along with determining alignment through the property that is currently owned by St. Henry's and Bondhus Corporation. In addition, the sanitary sewer system needs on the east side of the city would need to be evaluated as well to determine the potential size of the trunk interceptor line proposed to be constructed as part of the Resurrection Church/Methodist Church sanitary sewer system project. This project is proposed for construction in 1998; and in an effort to spread the cost of the future trunk interceptor line, it is proposed to incorporate a portion of the trunk interceptor in the area of Resurrection Church, whereby the City would be responsible for the trunk oversizing costs and the lateral system being paid for by the Resurrection and Methodist Churches. The property to the north of Resurrection Church and east of County Road 118 is controlled by Pfeffer Company, who is interested in exploring possibilities for development. The only way this area can be developed is to utilize the sanitary sewer service from the southeast interceptor. Therefore, it is important that we determine the location and size through this property as well as all the way to the treatment plant so that we are ready to acquire any easements as properties are developed. It ALTERNATIVE ACTIONS: Motion to authorize preparation of a feasibility report addressing the alignment and construction for proposed southeast interceptor at an estimated cost of $9,500. Motion to deny authorization to prepare a feasibility report for alignment and construction of the southeast interceptor. Council Agenda - 12/8/97 Staff recommends alternative N 1. Copy of proposal from WSB & Associates. -26-97 02:08V A v WSS &.4morratts, Inc. November 19, 1997 Mr. Rick Wollsteller City Administrator City of Monticello P.O. Box 1147 Monticello, MN 55362 350 Westwood lake Office 8441 Wayzata Boulevard Minneapolis, MN 55426 612- 54 1-4800 FAX 541-1700 Re: Proposal to Prepare Feasibility Report Addressing the Alignment and Construction for Proposed Southeast Interceptor WSB Proposal No. 060.97 Dear Mr. Wolfstellcr: BA Miedamd,. P.E 8- w Vin, P.E Pin R. P.E. Donald V. s,o C.E. Ronald S. 8nr, P.E. The Comprehensive Sanitary Sewer Study completed for the City of Monticello in 1995 identified the establislunent of a new interceptor line, the Southeast Interceptor, which would connect to the wastewater treatment plant and extend straight south and slightly cast to the vicinity of the intersection of County Road (CR) 118 and School Boulevard This interceptor line was proposed to be completed on an as -needed basis with the following issues related to determining the need for the interceptor. Re-route the reservoir lift station, located on the south side of the freeway, to connect to the new interceptor, thereby relieving capacity in the main interceptor. 2. Support development in the southeast quadrant of CR 118 and 1.94. Currently, this area is too low to connect to any existing sanitary sewer system without the benefit of a lift station. We are curttntly designing a temporary sanitary sewer system for the proposed Resurrection and Methodist Churches located in Meadow Oak Avenue until this neve interceptor is in place. The remainder of the property north of Resurrection Church is not serviceable by the temporary connection. 3. Development along the route of the proposed interceptor prior to the development of areas located along the interceptor route. It is important that the proposed interceptor be constructed so as to ntutimize construction costs, tunporary easements and to secure a pemtancnt casement location for the proposed pipe. Recently, the Council authorized the preparation of a Feasibility Report to address the extension of Ts Street from Washington Street to CSAI1 75. During discussions vvith the church regarding their sanitary sewer service needs, the church identified that they are proposing the construction of a senior housing facility located on the northeast corner oftheirproperty. This. combined with Pfeffer Company being interested in developing the property located in the southeast quadrant of CR 118 Injrmrnrrtune fnjineen Plaimers ••• �•+ �•� „�.. tQL:AL OPPORN%ITY DiPMR G / .-26-97 02:013P Mr. Rick Wolfsteller City Administrator City of Monticello November 19, 1997 Page 2 and 1-94, has necessitated the study of the alignment of the proposed interceptor sewer. The feasibility report would include the following steps: Evaluate sanitary sewer system needs: This issue would address recently -developed concerns regarding the possible extension of sanitary sewer to the east boundary of Monticello along CR 119. Other issues to be addressed would include: Possible re-routing of the east CR 39 lift station to this pipe to limit discharge through Mississippi Shores trunk line. The connection of the Art Anderson and Orrin Thompson parcels to the interceptor. as well as address development issues located south of the Monte Club. This task would serve as an update to the Comprehensive Sewer Plan addressing new and possible development methods in the City. Evaluate connection to the wastewater treatment plant: After the size and capacity of the pipe is determined, it will be necessary to evaluate possible connection to the wastewater treatment plant, including exploring the use of the existing stub versus the need to completely reconstruct a new line into the plant. Evaluate alternatives for extension of the new Interceptor line: ihit task would address alignment of the interceptor line as it relates to providing service to the needed areas and addressing the sanitary sewer needs of the community. No more than three alternatives will be addressed for extension of the interceptor line. Each of the alternatives will address short and long-term needs of development areas and will complement the 7° Street Feasibility Report needs of providing service to the property located between Washington Street and CR 1 18. north of the railroad uacks and south of 1.94. Opinions of Probable Project Cost: Each of the alternatives will include opiniuns of probable constructiun costs, as well as estimates of land acquisition needs and timing of the interceptor construction as It relates to development along the length of the anticipated alignment. WSO would propose to complete this work for on estimated cost of $9,500, We would like to move forward on this work as toon as possible, as it has implications for St. Henry's Church in the shoe tern, as well as will assist us in completing the design ofthe extension of smtitary sewer through the Resunection and Methodist Church areas. We are currently proposing to over -size the temporary line through the Resurrection Church to accommodate the future trunk extension in that area. n •ft u /MM'041 err rr rrlM w SG - Z -26-57 02:08P Mr. Rick Wolfsteller City Administrator City of Monticello November 19, 1997 Page 3 Please give me a call at 5414800 if you have any questions or comments regarding this proposal. Thank you for your consideration. Sincerely, WSB & Assoclat , Inc. - ; Bret A. Weiss, P.E. - Vice President 11. U-4 FG -3 Council Agenda - 12/8/97 Ido tial inn as He hills ax (R.WJC.S.) The City Council is asked to adopt an assessment roll for accounts receivable bills which are delinquent more than 60 days and to certify the assessment roll to the County Auditor as of November 30, 1997, for collection on next year's real estate taxes if not paid within 30 days of this public hearing. It is recommended that the delinquent accounts be put on an assessment roll for certification in 1998 at an interest rate of 8% as allowed by state statute. As in the past, if any accounts are paid within 30 days after the adoption of the assessment roll, they can be paid without any additional interest. 1. Adopt the assessment roll for the delinquent charges as presented. 2. Based on public hearing input, adjust the assessment roll as required C: STAFF RF .O MF.NDATION: It is the staff recommendation that the Council adopt the assessment roll as presented. All of the accounts are at least 60 days past due and have been given proper notice of this assessment hearing and ample opportunity to pay the accounts in full. D. SUPPORTING DATA: Copy of resolution adopting assessment roll; Complete listing of delinquent accounts to be certified. RESOLUTION 97 - RESOLUTION ADOPTING ASSESSMENT ROLL FOR DELINQUENT ACCOUNTS RECEIVABLE WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for delinquent accounts receivable charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessments against the parcels named herein, and each tract of land therein included is hereby found to be benefited by the assessment levied against it. 2. Such assessment shall be payable in one (1) annual installment payable on or before the first Monday in January 1999 and shall bear interest at the rate of 8 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1998. 3. The owner of the property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. 4. The City Administrator shall forthwith transmit a certified duplicate of this assessment roll to the county auditor to be extended on the proper tax list of the county, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the City Council this 8th day of December, 1997. Mayor City Administrator 7-! V 12/04/97 DILINQUENIT ACCOUNTS NLCHIVABLE - 1992 Papa 1 SPECIAL ABBBIMIKEWT CERTIFICATION! (12/8/92) PPDPEM 1D NN MOUNT AAIB -----------------------"---- ADDITION LOr/BEC BLOCA ------- ----- ------------------------------ 155-059-002100 15.90 .---------- . Ultra Btsoa/Dale --------------- Os1 nth 10 2 155-076-002110 30.06 Ja quallno WVo11a Cara Bill. ]r0 11 2 155-092-001100 521.60 Prestige BullEera Brl.r Oahu II 10 1 -------------------- CNAIID TOTALS 1 709.59 (to W sant to County Au0ltor) 1 7-2. Council Agenda - 12/8/97 A RFFFRENCE AND BA .K .ROUND: As part of the Truth in Taxation requirements, the City Council is required to hold this second public hearing on the adoption of the 1998 budget and the resulting tax levy. While this second meeting will technically be another public hearing, the purpose of the new requirement delaying the actual adoption of the budget and tax levy until this meeting is to provide the Council and the public with sufficient time to digest the budget requirements proposed at our last Wednesday night meeting in case additional changes were warranted. At the initial public hearing Wednesday night, the general Council consensus at that time was to keep the proposed tax levy at the $3,883,013 amount, which would result in an estimated 26.9% increase in dollars to be collected over our 1997 tax levy. As you will recall, about 6.3'x: of this increase has to do with nondebt budget needs, while the balance is attributable to increased debt service requirements because of the wastewater treatment plant debt. Some of the discussion that occurred Wednesday night was in regard to whether additional funds for part of the 1998 budget could be taken from our reserve balances allowing us to still further lower the levy. The proposed levy of $3.8 million was $134,000 less than the maximum allowed by the Department of Revenue. While I noted that the City does have various funds with surplus reserves, many of these dollars have been committed or earmarked for various projects or are needed for working capital during any particular year. For example, our largest fund, the general fund, would have an estimated $2.9 million in reserves by the end of the year, but approximately $1.6 million of these funds are typically necessary as operating capital for the first 6 months of a budget year. Some other larger cash reserves can be found in our capital outlay revolving fund, but after accounting for all of the transfers that need to be done and allowing for various capital outlay items that have been included in past years' budgets but not yet purchased or spent results in the capital outlay fund having an approximate balance estimated at $370,000 at year end. While these funds could be used for various purposes, I believe it was our intent to earmark over $400,000 of capital outlay fund reserves for s future city hall facility or expansion. As you can see, the capital revolving fund would not have a lot of money to use for unscheduled projects at this time unless we utilized the reserve amounts originally indiraited to be used for city hall expansion. Is Council Agenda - 12/8/97 Likewise, the liquor fund also is estimated to have a reserve of approximately $690,000 at the end of the year, but it is proposed in the 1998 budget that $134,000 of this balance be transferred to debt service, and approximately $400,000 has been tentatively earmarked for the future city hall project. This would leave approximately $150,000 available for other uses if needed. While this amount is uncommitted, it is not a particularly large amount, and unforeseen expenditures could easily deplete this balance rapidly. All in all, the City does have comfortable reserve balances, but by no means are these balances excessive. The Council should remember that while the sewer or water access funds have been accumulating nice reserves, these funds are or will be necessary for various water or sewer related projects in the future, which if spent for other purposes will result in the need for increased tax levies in the future to replenish. After the close of the public hearing, Council could adopt a resolution setting the tax levy requirements for next year at $3,883,013, which is the amount discussed at our last workshop and at our last public hearing. The Council could adopt a final levy amount that is less or more than the amount proposed but not more than $4,017,013. V STAFF F.COMMENDATION: It is recommended that the resolution be adopted as proposed and discussed during our workshops and initial public hearing setting the tax levy at $3,833,013. I)_ SUPPORTING LATA; Copy of resolution; Tax levy summary shoot. Please refer to the agenda package summary provided for last Wednesday night's public hearing for additional details on the proposed budget. RESOLUTION 97 - RESOLUTION ADOPTING THE 1998 BUDGET AND SL'7TING THE TAX LEVY WHEREAS, the City Administrator has prepared and submitted to the City Council a budgets( ling forth therein his estimated needs of the City of Monticello for all operations and the debt service for the fiscal year wmmencing January I, 1998; and WHEREAS, the City Council has reviewed the same and has made such changes therein as appear to be in the best interest of the City of Monticello; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTICELLO that the budget so submitted by the City Administrator, together with the changes made therein I the City Council, be and same hereby is adopted as a budget for the fiscal year commencing January 1, 1M18; and BE IT FURTHER RESOLVED by the Council of the City of Monticello that there be and hereby is levied for the fiscal year commencing January 1, 1998, and the following sums for the respective purposes indicated therein upon the taxable property of the City of Monticello, to wit: The above resolution was introduced by Councilmember was duly seconded by Councilmember with the following voting in favor thereof: The following voting in the opposition: The City Administrator is hereby instructed to transmit n certified copy of this resolution to the County Auditor of Wright County, Minnesota. Adopted this 8th day of December, 1997. Mayor City Administrator 8 �' NET CERTIFIED REVENUE LXM ILAC LEVY General $2,467.950 $259,157 $2,208,797 Library 71,095 0 31,0951 OAA 2,175 0 2,175 11RA 14,795 0 14,7951 Transportation 16,612 0 16,612 n -: lT 1 E'1' R . ENT Debt Service Fund $1.098,807 $ 0 $1,098,807 CAlIIIT LMPHOVEMFN.j-j Capital Improvement Rcvolving S --U 26 r0 ,1 510.73 TOTAL TAX LEVY $4,142,170 $259,157 $:1,88:5,01:5 The above resolution was introduced by Councilmember was duly seconded by Councilmember with the following voting in favor thereof: The following voting in the opposition: The City Administrator is hereby instructed to transmit n certified copy of this resolution to the County Auditor of Wright County, Minnesota. Adopted this 8th day of December, 1997. Mayor City Administrator 8 �' Fuad TAX LEVY SUMMARY 1998 BUDGET ALL FUNDS Net Payable Net Payable 1997 adjusted Levy Before 1998 Adjusted Levy After HACA Adj. Levy After Dpductino HACA Payable 199A HkCA I)CI pti— T-T.%r a General $1,967,526 $2,467,950 $259,157 $2,208,793 Library 31,095 31,095 0 31,095 Transportation 14,604 16,612 0 16,612 Shade Tree 0 0 0 0 OAA 977 2,175 0 2,175 HRA 12,966 14,795 0 14,795 Debt Service 557,575 1,098,807 0 1,098,807 Capital Imp. Revolving 475.137 510.736 14,413,597 510.736 TOTAL $3,059,880 $4,142,170 $259,157 $3,883,013 Net Levy Increase to Cover Debt - $627,785 20.52% increase Net Levy Increase for Non -debt Portion of Budget - 125.344E 6.38% increase Net Certified Levy Increase - 5823,133 26.90`k Payable 1989 Tax Capacity Rate ..... 14.283 Payable 1990 Tax Capacity Rate ..... 16.187 Payable 1991 Tax Capacity Rate ..... 15.511 Payable 1992 Tax Capacity Rate ..... 16.492 Payable 1993 Tax Capacity Rate ..... 16.313 Payable 1994 Tax Capacity Rate ..... 17.527 Payable 1995 Tax Capacity Rate ..... 18.228 Payable 1996 Tax Capacity Rate ..... 18.509 Payable 1997 Tax Capacity Rate ..... 19.136 Est. Payable 1998 Tax Capacity Rate. 26.940 Tax Tax '88/Payable 1989 S 15,405,139 14.283 $2,198,008 '89/Payable 1990 15,873,242 16.187 2,568,106 '90/Payable 1991 16,161,043 15.511 2,506,132 '9VPayable 1992 15,513,574 16.492 2,558,554 '92/Paynble 1993 15,490,500 16.308 2,526,216 '93/Payable 1994 15,154,786 17.527 2,652,527 '94/Payable 1995 15,586,930 18.228 2,841,185 '95/Payable 1996 15,792,922 18.509 2,922,800 '96/Payable 1997 15,993,989 19.136 3,059,880 '97/Payable 1998(e5L) 14,413,597 26.940 3,883,013 8 �� Council Agenda - 12/8/97 9. Public Heskrinsr--Cong4deratann of vacation nf 1wrtinnFi of Hart 9.Tu1eYard_necesv.9-w1 *,T! nA�TmmT.-Patp Hospital TYs'r'vct Dlann(-.-? UA RFFFRFNCE AND i • The Hospital District PUD requires vacation of Hart Boulevard. Incorporation of the roadway into the Hospital District site will enable reduction in setbacks and will allow development of additional parking. With this street vacation request, the Hospital District is also proposing to relocate the access to County Road 75 that was originally proposed near the clinic facility westerly to line up with the front entrance of the hospital. If this proposed access is relocated and Hart Boulevard is vacated as requested, the City will be incurring an unknown cost in realigning the balance of Hart Boulevard at the wastewater treatment plant property in order to provide an adequate access to County Road 75 for our vehicles, especially semi -trailer access. It has not yet been determined how much additional cost will be involved in providing proper access for the WWTP and whether it can even be accomplished without extending the frontage road easterly to the Total Mart property. Council needs to be aware that it is very likely the City will incur additional cost over and beyond what we could recognize from the revenue received for vacating Hart Boulevard, and it could even affect us far into the future, depending on how Hart Boulevard needs to be extended near our SBR tanks. As you know, our wastewater treatment facility is planned to be expandable further in the future and will likely have construction activity at our site many years into the future. As you know, when a street vacation occurs, the land area becomes the property of the City. The City then may sell the property to the interested party. At this time, an agreement regarding a fair exchange has not been established. I believethat he Hospital District is interested in purchasing the land at a rate of �wlU! is the same price that was paid a few years ago when a small piece of Hart Boulevard was vacated to accommodate the clinic entrance canopy. Council may wish to consider selling the site at a price closer to appraised value. Obtaining revenue from the sale of Hart Boulevard will help to offset added City costs to improve or modify the entrance to CSAH 75 resulting from closure of the Hart Boulevard access. The Council may want to require that sufficient revenue is obtained from the Hospital District to cover the entire cost associated with any modifications necessary to provide proper access for the WWTP. Council Agenda - 1718/97 Motion to approve vacation of portions of Hart Boulevard as requested and direct the City Administrator to negotiate the sale of the attached land area at a price reflecting fair market value. Given comparable sales in the area, the cost per square foot could range from $.65 to over $1, which results in a total cost of $56,000 to $88,000 based on the estimated square footage of 2 acres being vacated. Motion to approve vacation of portions of Hart Boulevard contingent upon the Hospital District agreeing to cover the cost necessary by the City to modify an adequate CSAH 75 access for the WWTP. Motion to approve vacation of portions of Hart Boulevard at the rate of $.61/sq ft as offered by the Hospital District. This would result in an approximate revenue of $53,000. STAFF F. O MENDATION: Staff recommends vacation and sale of associated land at a cost roughly equal to the coat to the City associated with modifying the CSAH 75 access, but in no case less than at fair market value. At this time, we are analyzing the access drive options at the wastewater treatment plant. We hope to soon have a determination from our City Engineer as to whether sufficient access can be accomplished given the close proximity of Hart Boulevard to the wastewater treatment plant site and a cost estimate for the necessary site work. None. Council Agenda - 12/8/97 qA accepting 7 , for nnnpxntion and�,� nigidpration of a remintion supporting extension of sanitan sewpr and water service Rubmitted by h' M,, • A. REF . F.N .F. AND BACKGROUND: Bill Hoffman, present owner of the Monte Club, has submitted a petition for annexation of the Monte Club and has also submitted a petition requesting that the City extend sanitary sewer and perhaps water service to the facility These requests stem from problems with the sanitary sewer system serving the site. Hoffman has explored the possibility of building a new on -sits system and has determined that an on-site system is not feasible. The total cost of connection to city systems is estimated at $68,750. Of this amount, $6,250 is for trunk sanitary sewer service, $46,500 is for the sewer access fee, and approximately $16,000 is for the cost to extend the line from its current position to the Monte Club site. Bill Hoffman understands the costs and requests payment via the special assessment process. B. ALTERNATIVE ACTIONS: Motion to adopt resolution requesting annexation and adopt resolution accepting petition for public improvements and authorizing feasibility/design. Motion includes establishing the connection fee at the 1997 rates and allows the owner to place the entire cost of the connection on his taxes as a special assessment. Motion is contingent on the owner paying the estimated cost to prepare plans and specs and conduct the bidding process. The 1997 fee structure is contingent on project completion in 1998. Under this alternative, the following steps will follow: The joint resolution supporting annexation will be submitted to the Township for consideration. The City Engineer will begin preparation of the design of the system, which is projected for construction in the spring of 1998. Upon completion of a development agreement, the project will be ordered and funded internally by the City with payment back to the City via the special assessment process. The plan deposit shall be returned at such time that Cho project is ordered and incorporated into the assessment amount. Council Agenda - 12/8/97 Motion to deny and/or modify approval of resolutions noted under alternative #1. C STAFF F..O F.NDATION: The City Administrator recommends alternative N1. D. SUPPORTING DATA: Copy of petitions for annexation and request for utilities as submitted by Bill Hoffman. .the y .Monte Club 8932 Fanning Avenue. P. O. Box 1240. Monticello. MN 55362 BILL 8 NATALIE HOFFMAN Phone 612-295.2211 • Fax 612-235-6708 Owners To City of Monticello. December X. 1997 Pkat aeccpt this letter as request for annrcxarion into the City. Also. plgse consider financing entire paclwge at the 1997 lcc structure. The Monte Club Incorporated owns 4.r,a acres with a Icga1 description of: commencing at a point 412.5 lar south of the northwest corner of the nonhcat quarter of the northeast quarter of section 24. township 121. range 25. thence cast 495 foci to a point' thence north paralleling the wcsl line of the northeast quancr of the norl east quarter a distance of 412.5 fcet to the north lint of said.section: theme west on said section lite to the nunh%%cm corner of ibc nonhcast quarter of the northeast quarter of said wdion 24; thence south a distance of 412.5 feet t, the plata ofbcginning This annexation rccptw is solely an environmental issue and not a &Nclopmental issue. Included are letters from Traylor Land Surveyors and S -P 7'ming storing an onsite septic system is not fcasihk and a letter from Wriplu County Sanitation staling there is a prohicm and needs to he axrectcd. 'rhm, letters arc to he used noty it Township balks on annexation to prove our point. T'he Icticm will nal be used Ibr any other purpose or disclosed 10 mryone unless you have my woolen permission. Also. please contaci left O'neil and Fred Patch on matters which have alrtally been discussed Thank you for your consideration on this mauer and your further hard work and joint cooperation Sincerely. ~.N"� Bill IloRm9#11 an Monte Club Inc. .,y 34-1 CITY OF MONTICELLO PETITION FOR LOCAL IMPROVEMENT AND FEASIBILITY STUDY TO THE CITY COUNCIL OF MONTICELLO, MINNESOTA I (Me), the undersigned owner(a) of the property described below petition for a feasibility study pursuant to MlnnesoLa SLatutes, Chapter 429 (Local Improvements, Special AssessmelltS), for thea following lmprovemente: Please Indicate with an A the improvements requested: Sanitary Sewer Meter 19e C1..,o � �c• : � Storm Sewer Bituminous Surfacing Curb and Gutter Street Llyhtlny I (Ne) agree to pay 1001 of the cost of the feasibility study. I (we) understand the City Council may pro -rate the COOL of the feasibility study attrlbuLable to my property if the scope of the study pertains to other benefiting property owners. Description of Properly: G��c,uo_ C! �(&"; Z' ,(: _ Cl Signature of Owners!J C7 IMPFEAS.PETt 9/16/92 3A OV2.- Council Agenda - 12/8/97 nskrinerTirive.king- (NAC) A RFFFRFN .. AND BA .K .RO ND: This report is intended to supplement other information regarding the Danner Trucking application. At its last meeting, the Planning Commission recommended an amendment to the B-3 zoning district which would allow Danner Trucking to apply for a conditional use permit to continue their occupancy of the property at Dundas Road, Cedar Street, and TH 25. This use would be allowed by Conditional Use Permit, subject to a series of specific conditions as suggested by staff in its discussion of the agenda item. Although the use is not commercial in nature, the Planning Commission felt that on a limited scale, the use could be compatible with other B-3 uses. A particular item which was discussed by the Planning Commission, but not finally resolved, was the method of limiting the size of the use to avoid a large-scale truck repair facility occupying what would otherwise be prime retail/commercial land. The proposed zoning ordinance amendment attached to this report includes a limiting factor by restricting the amount of area and location on a site which can be devoted to the keeping or storage of commercial trucks. The Building Official has suggested that a specific number of such trucks would be too difficult to enforce. The method proposed in the attached ordinance would establish the appropriate size and location at the time of conditional use permit. While this is not foolproof either, it would relate the use of the site to an approved plan. Finally, one concept discussed but not carried forward was the use of an interim use permit for Danner Trucking rather than a conditional use. Since Danner has suggested that they would he developing the site to permit future conversion to another 11-3 use, an interim use permit process could solve Danner's problem with less possibility of other B-3 areas being put to heavy truck repair uses. B. ALTERNATIVE ACTIONS: Motion to approve the ordinance amendment to allow truck repair by conditional use permit as proposed in the ordinance included as Exhibit A, based upon the findings that the amendment would be consistent with the City's goals in the TH 25 corridor and would be consistent with the intent of the B-3 district. Council Agenda - 12/8/97 v 2. Motion to deny the ordinance amendment based upon the findings that the proposed use does not consist of retail/commercial uses as intended in the B-3 district. Motion to table action on the ordinance amendment pending further consideration by the City and the applicant. S. STAFF F A F.NDATION: Staff is concerned that the use has more in common with industrial uses than with retail/commercial uses commonly found in the B-3 district. While some of the specific activities are similar to those of other B-3 uses, the commercial interchange would not occur with this use. With some concerns over enforcement, the conditional use permit process would allow the City to monitor the use. However, a CUP rims with the land, and a future buyer could continue a similar operation under the permit issued to Danner. If the City wishes to accommodate Danner until he decides to discontinue the current business, an interim use permit may be better suited to those objectives. An ordinance amendment with conditions identical to the proposed conditional use permit amendment would accomplish this. The only change would be technical in adapting the amendment to reflect the appropriate language. As you may know, Danner also applied for a CUP which would allow operation under the desired zoning. Planning Commission did not forward the request because Danner does not yet have control over the land area necessary to support the site plan. D. SUPPORTING DATA: Exhibit A - Proposed Ordinance Amendment Exhibit B - Site Location Copy of Planning Commission agenda item 20 City of Monticello Wright County, Minnesota AN ORDINANCE AMENDING TITLE 10, CHAPTER 13, SECTION 4 OF THE MONTICEL LO ZONING ORDINANCE RELATING TO CONDITIONAL USES IN THE 0-3, HIGHWAY BUSINESS DISTRICT. THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA HEREBY ORDAINS AS FOLLOWS: Section 1. Chapter 13, Section 4 is amended to add the following: (R) Truck service garage, provided that 1. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing, conforming buikWge or areas as to cause impairment in property values or constitute a blighting Influence within the district in which the proposed use Is located. 2. Parking areas shag be screened from view of abutting residential districts in compliance with Chapter 3, Section 2 of this ordinance. 3. The entire site, other than that taken up by a building, structure, or plantings shall be surfaced with a material to control dust and drainage, which is subject to the approval of tho City Engineer. 4. The site shall meet minimum lot area requirements of the District. 5. No outside storage except as allowed in compliance with Chapter 13, Section 4 (EJ of this ordinance. 6. Parking aroea accessible to the public, inducting customers and employooa shall be paved in compliance with Chapter 3, Section 5 of this ordinance. 7. No more than six thousand (6,000) square foot of the site shall be devoted to the storage, parking, and/or Circulation of semi -tractors and trailers, as illustrated on a site plan submitted in connection with an application for a Conditional Use Permit. /O i I HYHIDIT A The provisions of chapter 22 of this ordinance are considered and satisfactorily met Section 2. This ordinance shell become effective from end after its passage and publication. Hsi/ 1-1 , Al 93 i TRUCKit* SC g4 i PI I R4 t �RSBiT B to r It A Copy Planning Commission Agenda - 12/2197 MON R MWIN A REFERENCE AND BA .K .RO TND: Bob Danner is requesting a zoning ordinance and associated conditional use permit which would allow re-establishment and expansion of the Danner Trucking operation, which is a lawful non -conforming use in the B-3 zone. As you may know, the Danner Trucking garage and office area was greatly damaged by the July storm. The damage exceeded 50% of the value of the facility; therefore, it cannot be rebuilt or expanded without a zoning text amendment to the B-3 regulations. Although the use is not specifically noted, staff would interpret this type of use as being allowed in the 1-1 zone under "bus terminals and maintenance garage." Danner is also asking for a conditional use permit in conjunction with the zoning ordinance amendment. The site plan provided supporting the CUP request includes land that is not in control by Danner at this time; therefore, it may be premature to consider the specific request for a conditional use permit. A somewhat complex set of street vacations and condemnations need to occur in order to prepare the site as shown. Please note that all of the street vacations and associated actions necessary to prepare the site are planned to occur in conjunction with the Highway 25 project. It appears to make sense to examine the zoning ordinance amendment first prior to investing a significant effort in preparation of a site plan and associated conditional use permit. In the early 1980's Danner Trucking was given a conditional use permit which allowed a minor expansion of the use of the site for his trucking operation. Please note that this conditional use permit was granted at that time by error because the City did not even have a provision in the B-3 district regulations allowing a trucking operation by conditional use permit. Attached is an excerpt from the city ordinance describing the purpose of and regulations pertaining to the B•3 District. Planning Commission should review this proposed ordinance amendment and make a finding relating to the following: Is this use consistent with the character of the B-3 district and associated business neighborhood? Will this type of land use tend to cause depreciation of value of other B-3 uses? 14 10 4 Planning Commission Agenda - 12/2/97 3. Is the proposed amendment consistent with the comprehensive plan? As of the date of preparation of this memo, a complete set of possible conditions to include in the ordinance relating to truck service has not been prepared. However, following is a starting point for discussion: a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or areas as to cause impairment in property values or constitute a blight influence within a reasonable distance of lot. b. Parking areas shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2, of this ordinance. C. The entire site other than that taken up by a building, structure, or plantings shall be surfaced with a material to control dust and drainage, which is subject to the approval of the City Engineer. d. The site shall meet minimum lot area requirements. e. No outside storage except as allowed in compliance with Section 4 of this ordinance. (This means outside storage is allowed through a separate CUP process.) B. ALTERNATIVE ACTIONS: DECISION A. 1. Motion to deny the ordinance amendment allowing a trucking and service use in a B-3 zone based in the finding that the use is not consistent with the character of the B-3, will tend to cause depreciation of value of other B-3 uses, and the proposed amendment is not consistent with the comprehensive plan. Planning Commission could take the position that the proposed use is not consistent with the purpose of the district and such activities best occur in industrial areas. Motion to approve the ordinance amendment allowing a trucking and service use in a 11.3 zone based on the finding that the use is consistent with the character of the B-3 district, the use will not tend to cause depreciation of value of other B-3 uses, and the proposed amendment is consistent with the comprehensive plan. Ordinance to include conditions as listed above and others as determined by the Planning Commission. rs 10 � Planning Commission Agenda - 1212/97 As an alternative to zoning text amendments, Danner requests a "variance to the use" which would allow continuation of the non- conforming use despite the code requirement limiting reconstruction of damaged non -conforming facilities. In reality, the request is a variance to the "50% rule." Planning Commission cannot act on this because this request did not arrive in time to be included in the public notice. Planning Commission could take the position that the B-3 zone is a high traffic, highway -oriented area. Also, other semi -industrial or less "clean" uses have been introduced lately to the district such as auto body shops, car washes, minor auto repair, and open and outdoor storage as a principal use. Perhaps a trucking service operation is consistent with this trend. 3. Motion to table the item. (, STAFF REECOMMENDATION: In reviewing the purpose and intent of the B-3 and 1-1 districts, it appears that trucking operations are better suited to the I-1 zone. DECISION 2: Motion to deny the conditional use permit based on the finding that the site plan as prepared does not adequately address the potential negative impacts of the trucking company in the B-3 zone. Motion to approve the conditional use permit. This alternative is not feasible because Danner does not have full site control at this time. 3. Motion to table consideration of the conditional use permit pending acquisition of necessary land areas supporting the site plan. Excerpt from the Zoning Ordinance; Site location map; Correspondence from Jim Fleming, legal representative for Danner; Copy of site plan. 16 1 O CHAPTER 13 "B-3" HIGHWAY BUSINESS DISTRICT SECTION: 13-1: Purpose 13-2: Permitted Uses 13-3: Permitted Accessory Uses 13-4: Conditional Uses 13-1: PURPOSE: The purpose of the "B-3," highway business, district is to provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. 13-2: PERMITTED USES: The following are permitted uses in a "B-3" district: [A] All permitted uses as allowed in a B-1 and B-2 district. [B]Auto accessory store. [C] Commercial recreational uses. [D] Motels, motor motels, and hotels provided that the lot area contains not less than five hundred (500) square feet of lot area per unit. [E] Restaurants, cafes, tea rooms, taverns, and off -sale liquor, provided that the use is not located within 300 ft of a residential zone. (09/26/94, #258) IF] Private clubs or lodges serving food and beverages with use being restricted to members and their guests. Adequate dining room, kitchen, and bar space must be provided according to standards imposed upon similar unrestricted customer operations. The serving of alcoholic beverages to members and their guests shall be allowed, providing that such service is in compliance with applicable federal, state, and municipal regulations. Offices of such use shall be limited to no more than twenty (20) percent of the gross floor area of the building. [G] Taxi terminals, stand, and offices. [H] Small printing or publishing business employing six (6) or less persons. MONTICELLO ZONING ORDINANCE 1311 13-3: PERMITTED ACCESSORY USES: The following are permitted accessory uses in a B-3" district: [A] All permitted accessory uses as allowed in a "B-2," limited business, district. [B] Adult Use/Accessory (O V13/92, #217) 13-4: CONDITIONAL USES: The following are conditional uses in a "B-3" district: (Requires a conditional use permit based upon procedures set forth in and regulated by Chapter 22 of this ordinance.) [A] Drive-in and convenience food establishments provided that: 1. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of lot. 2. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 3, Section 2 [G], of this ordinance. 3. Each light standard island and all islands in the parking lot landscaped or covered. 4. Parking areas shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2 [G], of this ordinance. 5. Parking areas and driveways shall be curbed with continuous curb not less than six (6) inches high above the parking lot or driveway grade. 6. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Chapter 3, Section 5, of this ordinance, and shall be subject to the approval of the City Engineer. 7. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. a 8. The entire area shall have a drainage system which is subject to the approval of the City Engineer. /O MONTICELLO ZONING ORDINANCE 1312 9. The entire area other than that occupied by buildings or structure or plantings shall be surfaced with a material which will control dust and drainage and which is subject to the approval of the City Engineer. 10. All signing and informational or visual communication devices shall be in compliance with Chapter 3, Section 9, of this ordinance. 11. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [B] CARWASHES (DRIVE THROUGH, MECHANICAL, AND SELF- SERVICE) PROVIDED THAT: 1. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the eusting buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 2. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum thirty (30) minute period and shall be subject to the approval of the City Engineer. 3. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 3, Section 2 [G], of this ordinance. 4. Each light standard island and all islands in the parking lot landscaped or covered. 5. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 2 (G], of this ordinance. 6. The entire area other than occupied by the buildings or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the City Engineer. 7. The entire area shall have a drainage system which is subject to the approval of the City Engineer. B. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Chapter 3, Section 2 (H), of this ordinance. 10 '� MONTICELLO ZONING ORDINANCE 13/3 9. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the City Engineer. 10. All signing and informational or visual communication devices shall be in compliance with Chapter 3, Section 9, of this ordinance. 11. Provisions are made to control and reduce noise. 12. The provisions of Chapter 22 of this ordinance are considered and sati sfactorily met. [Cl MOTOR FUEL STATION, MOTOR FUEL STATION/ CONVENIENCE STORE, AUTO REPAIR -MINOR, AND TIRE AND BATTERY STORES AND SERVICE PROVIDED THAT: 1. Regardless of whether the dispensing, sale, or offering for sale of motor fuels and/or oil incidental to the conduct of the use or business, the standards and requirements imposed by this ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. 2. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. 3. The entire site other than that taken up by a building, structure, or plantings shall be surfaced with a material to control dust and drainage which is subject to the approval of the City Engineer. 4. A minimum lot area of twenty-two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty (150) feet by one hundred thirty (130) feet. 6. A drainage system subject to the approval of the City Engineer shall be installed. 6. A curb not less than six (6) inches above grade shall separate the public sidewalk from motor vehicle service areas. 7. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Chnpter 3, Section 2 (H 1. of this ordinance. In—A0 MONTICELLO ZONING ORDINANCE 1314 8. Wherever fuel pumps are to be installed, pump islands shall be installed. 9. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with Chapter 3, Section 7 [G], of this ordinance. 10. Each light standard landscaped. 11. Parking or car magazine storage space shall be screened firom view of abutting residential districts in compliance with Chapter 3, Section 2 [G], of this ordinance. 12. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 3, Section 5, of this ordinance, and shall be subject to the approval of the City Engineer. 13. All signing and informational or visual communication devices shall be minimized and shall be in compliance with Chapter 3, Section 9, of this ordinance. 14. Provisions are made to control and reduce noise. 15. No outside storage eicept as allowed in compliance with Chapter 13, Section 4, of this ordinance. 16. Sale of products other than those specifically mentioned in Chapter 13, Section 4, be subject to a conditional use permit and be in compliance with Chapter 13, Section 4 [F], of this ordinance. 17. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. 18. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [D] New and used automobile/light truck sales and display provided that: 1. The enclosed principal use (sales and display office) is a minimum of 4,500 square feet, excluding the area used for mechanical repair and reconditioning. 2. Outside sales and display areas are fenced or screened from view of neighboring residential uses or an abutting "R" district in compliance with Chapter 3, Section 2 [G], of this ordinance. MONTICELLO ZONING ORDINANCE 10 .0 JD 1315 3. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences, and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 4. The outside sales and display area shall be hard surfaced. 5. The outside sales and display area does not utilize parking spaces which are required fcr conformance with this ordinance. 6. Vehicular access points shall create a minimum of conflict with through traffic movement, shall comply with Chapter 3, Section 5, of this ordinance, and shall be subject to the approval of the City Engineer. 7. There is a minimum lot area of twenty-two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty (150) feet by one hundred thirty (130) feet. 8. A drainage system subject to the approval of the City Engineer shall be installed. 9. All signing shall be in compliance with Chapter 3, Section 9, of this ordinance. 10. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [E] Open and outdoor storage as a principal or accessory use provided that: 1. The area is fenced and screened from view of neighboring residential uses or if abutting an W district in compliance with Chapter 3, Section 2 (G], of this ordinance. 2. Storage is screened from view from the public right-of-way in compliance with Chapter 3, Section 2 [G], of this ordinance. 3. Storage area is grassed or surfaced to control dust. 4. All lighting shall be hooded and so directed that the light source shall not be visible from the right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 6. Does not take up parking space as required for conformity to this ordinance. MONTICELLO ZONING ORDINANCE 1316 6. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [F] Open or outdoor service, sale, and rental as a principal or accessory use and including sales in or from motorized vehicles, trailers, or wagons provided that: 1. Outside services, sales and equipment rental connected with the principal uses is limited to thirty (30) percent of the gross floor area of the principal use. This percentage may be increased as a condition of the conditional use permit. 2. Outside sales areas are fenced or screened fi-om view of neighboring residential uses or abutting "R" district in compliance with Chapter 3, Section 2 [G], of this ordinance. 3. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 4. Sales area is grassed or surfaced to control dust. 5. Does not take up parking space as required for conformity to this ordinance. 6. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [G] Accessory, enclosed retail, rental, or service activity other than that allowed as a permitted use or conditional use within this.section provided that: 1. Such use is allowed as a permitted use in a "B-1" or "B-2" district. 2. Such use does not constitute more than thirty (30) percent of the lot area and not more than fifty (50) percent of the gross floor area of the principal use. 3. Adequate off-street parking and off-street loading in compliance with the requirements of Chapter 3, Sections 5 and 6, of this ordinance is provided. 4. All signing and informational or visual communication devices shall be in compliance with Chapter 3, Section 9, of this ordinance. /0 MONTICELLO ZONING ORDINANCE 13/7 5. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [H] Shopping Center. [1] Animal Pet Clinics. 1. Annual inspection by City's health officer at owner's expense. 2. All pets must be leashed. 3. Treatment to be limited to household pets. [J] Pet hospitals with the following condition: 1. No outside pens or kennels. 2. Annual inspection by City Health 0f5cer at owner's expense. 3. All animals must be leashed. 4. Treatment would be limited to small domesticated animals. 5. Side yard setbacks would be 20 feet instead of 10 feet. G. No outside storage of carcasses. [K] Commercial storage contained entirely within a building. [L] Commercial planned unit development as regulated by Chapter 20 of this ordinance. [M] Consignment auction sales and/or auction sales. 1. 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. 2. At the boundaries of residential districts, a strip of not less than 5 feet shall be landscaped and screened in compliance with Chapter 3, Section 2 [G1, of this ordinance. 3. Any light standard islands and all islands in the parking lot shall be landscaped or covered. 4. Parking areas shall be screened from view of abutting residential districts in compliance with Chapter 3, Section 5 [G], of this ordinance. �/ MONTICELLO ZONING ORDINANCE 1318 5. Parking areas and driveways shall comply with Chapter 3, Section 5 [D]. 6. Vehicular access points shall be limited, shall create a minimum of conflict through traffic movements, shall comply with Chapter 3, Section 5, of this ordinance, and shall be subject to the approval of the City Engineer. 7. All lighting shall be hooded and so directed that the light source is not visible from the public right-of-way or from an abutting residence and shall be in compliance with Chapter 3, Section 2 [H], of this ordinance. 8. The entire area shall have a drainage system which is subject to the approval of the City Engineer. 9. All signing and information or visual communication devices shall be in compliance with Chapter 3, Section 9. 10. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. 11. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment - can be served as well or better by modifying the conditions. 12. Outside sales areas are fenced or screened from view of neighboring residential uses or abutting residential districts in compliance with Chapter 3, Section 2 [G], of this ordinance. 13. Outside sales connected with the principal use is limited to 30% of the gross floor area of the principal building. This percentage may be increased as a condition of the conditional use permit. 14. Outside sales may not take up parking space as required for conformity to the ordinance requirement. 15. No pets or livestock may be sold at this auction sales facility. 16. Provisions must be made to control and reduce noise when adjacent to a residential zoning district. 17. All outside storage shall be effectively screened from public view in accordance with Chapter 3, Section 2 [G], and limited to 10% of the gross floor area of the principal use building. / o' 0T MONTICELLO ZONING ORDINANCE 13/9 [M Outdoor go-kart tracks provided that: 1. The proposed use must meet all conditions of Chapter 3, Section 4 [A). 2. The conditional use permit will be reviewed yearly to determine whether or not it is compatible with neighboring properties and in conformance with conditions of the conditional use. 3. A solid wood, six-foot high fence must be part of the screening required when the adjacent property is residential. 4. For dust and noise (70DB at residential property line) must be controlled at all times to the satisfaction of the City. 5. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. [O] Day-care centers provided that: 1. No overnight facilities are provided for children served and that said children are delivered and removed daily. 2. An outdoor recreational facility shall be appropriately separated from the parking lot iand driving areas by a wood fence not less than 4 feet in height or Council approved substitute, and shall be located continuous to the day-care facility, and shall not be located in any yard abutting a major thoroughfare, and shall not have an impervious surface for more than one-half of the playground area, and shall extend at least 60 feet from the wall of the building or to an adjacent property line, whichever is less, or shall be bound on not more than two sides by parking and driving areas. A minimum size of the outside recreational facility shall be 2,000 sq. ft., or in the alternative 75 sq. ft. per child at licensed capacity, whichever is the greater figure. 3. The regulations and conditions of the Minnesota Department of Human Services and Department of Health, Public Welfare Manual 11.31.30 as adopted, amended, and/or changed, are satisfactorily met. 4. A written indication of preliminary, pending, or final license approval from the regulatory agencies is supplied to the City of Monticello. (40152, 9122186) MONTICELLO ZONING ORDINANCE 13/10 [P] Auto body shop repair provided that: 1. Door opening to service area garage must not face street frontage. 2. Vehicle storage area limited to 50% of floor space of the structure housing the auto body shop. 3. All vehicles being serviced and all vehicle parts must be stored inside or in vehicle storage area. 4. Vehicle storage area shall be enclosed by enclosure intended to screen the view of vehicles in storage from the outside. Enclosure shall consist of a six-foot high, 100% opaque fence designed to blend with the auto body shop structure and consisting of materials treated to resist discoloration. 5. The floor of the vehicle storage area shall consist of asphalt or concrete paving. 6. No work on vehicles or vehicle parts shall be conducted outside the confines of the auto body shop. 7. The advertising wall facing the public right-of-way shall consist of no more than 50%'metal material. 8. The secondary or non -advertising wall facing a public right-of- way shall utilize a combination of colors or materials that serve to break up the monotony of a single color flat surface. 9. The development shall conform to minimum parking and landscaping requirements of the zoning ordinance. 10. No conditional use permit shall be granted for an auto body shop within 600 feet of a residential or P7.M zone existing at the time the conditional use permit is granted. (0175, 4/24/89) [Q] Restaurants, cafes, tea rooms, taverns, and off -sale liquor located within 300 ft of a residential zone provided that: 1. Primary access must not be through residential street(s). (09/26/94, #258) MONTICELLO ZONING ORDINANCE 13/11 FLEMING' James B. Fleming • Attomey at Low 611 Walnut Street • Suite 3 • P.O. Box 1569 • Monticello, MN 55362 Law Offices, PA, Ph. 295-8234 • Fax 6121271-6192 • Email: ifleming®pclinkcom 04 JULIA A. MAIL ING Legal Ass,uwt November 20, 1997 Jeff O'Neill Assistant City Administrator City of Monticello Monticello, MN 55362 Re: Application of Bob Danner for zoning amendment u Dear Mr. O'Neill: ,. _...... ..... ....... _...__.._ ......_...... This letter is jo provide you with notice that my client, Robert Danner, wishes to broaden his request to the Monticello Planning Commission for consideration of a zoning ordinance which'Would add non -retail motor vehicle and equipment repair to the list of B-3 zoning district conditional uses to include an alternative request for a variance under Chapter 23 of the city zoning ordinance. I have enclosed a copy of a written', argument supporting both the request for amendment to the conditional uses and the alternative request for a variance. I request that this material be duplicated an'tl,provided in sufficient numbers to ensure that all members of the Planning Commissibn are, provided a copy in advance of the upcoming Planning Commission meeting. If '1 -must supply these copies, please let me know immediately so that I may comply with that requirement, If you have any questions or comments, please let me know. ceyo Q mes B. Fleming 9 JBF/jah cc: Robert Danner 04 le) •SS The applicant, Robert Danner, owns and operates an independent trucking company, providing both intra-state and inter -state contract freight transportation services through the use of semi-tractor trailer equipment. He has owned the site in question since 1975, located at the intersection of Cedar Street and State Highway 25, south of the 1-94 and Highway 25 interchange, containing approximately 23,425 square feet. The principal use of this site by the applicant is for occasional minor repair of tractor-trailer equipment owned solely by the applicant and the parking of unused equipment, consisting of semi-tractors and trailers. No retail sales, or service activities are conducted on the site. The lot was purchased by the applicant from the Monticello Township in September, 1975 and was formerly the site of the Township maintenance garage until its sale to the applicant. Historically, the applicant has made use of a cement block structure on the site to house tools and repair equipment used in the repair of his trucks. In July, 1997, the wind storm which struck the community destroyed the building, requiring the applicant to rebuild the structure in order to continue his livelihood. The rezoning of the area by the City of Monticello, created a nonconforming use that was allowed to continue under the provisions of City Ordinance until the destruction of the block building. Additionally, the applicant sought and obtained a conditional use permit in January, 1985, allowing him to build an extension to the building and to continue his nonconforming use upon the condition that he clean up all non-truck/trailer related items from the property and use the outside storage only for traders for his trucking business. The City has now indicated to the applicant that his request for a budding permit will be denied since his use is nonconforming under the provisions of City Zoning Ordinance, Chapter 13, B-3. The applicant now seeks alternative relief which would provide the City of Monticello significant control over the use and operation of the site in question. Applicant first seeks to amend the B-3 Zoning Ordinance to allow minor, non-retail truck repair and storage as a conditional use. Alternatively, applicant seeks a variance under the provisions of Chapter 23 of the Zoning Ordinance to allow him to continue his use of the property for minor truck repair and storage of trucking equipment, subject to conditions that would provide adequate protection for considerations of traffic flow, health and safety and diminution of adjoining property values The applicant urges favorable consideration of these alternative requests on several bases. First, precedent does exist for the allowance of this use since at least three comparable businesses are currently being conducted in close by B-3 districts Hoglund Bus Company, Inc., Royal Tire and D 8 D Bus Service Company are located in B-3 districts and carry on extremely similar business activities on a much larger scale than that of the applicant Second, the B-3 ordinance already allows, as a conditional use, the operation of minor retail auto repair businesses provided that they comply with a series of operational and site suitability conditions (Chapter 13, section(4)(C)). The use by the applicant of this site in the manner consistent with his historical conditionally approved use wil not create any greater impact on property values, traffic flow impairment or other health or safety concerns than have previously existed. Nor will it create problems that would exceed those existing in conjunction with the operation of a minor retail auto repair facility which is already allowed as a conditional use. Third, and finally, the granting of a variance for the applicant is justified on the basis that to deny him a variance for the existing use of the property will create significant economic and non -economic hardship. The applicant purchased the property in question in good faith, and relying upon the then currently existing zoning of the property in order to carry on activities incidental to his main trucking business The applicant has conducted business on the site for over twenty years and has during that time, been subject to zoning changes he has not sought, obtaining a conditional use permit to allow him to carry on his business activities to support his family. The applicant now seeks to work with the city to create a workable solution which calls for the acquisition of additional property and the construction of a new conforming building and site plan which will allow the applicant to continue his business until such time as he ceases operations. At that point he can market the property to a buyer offering a conforming site and building which will meet all the physical and site requirements of the B-3 district. If applicant's request for a variance is denied, he will be forced to cease operations and sell the property. Because of the zoning changes which have occurred, the applicant has suffered a diminution in the value of the property which will be realized upon what will amount to a forced sale where normal market forces will not prevail. For these reasons, the applicant requests alternatively that the city planning commission grant an amendment to the B-3 ordinance which would allow minor, non - retail related vehicle repair for company owned and operated vehicles. As an alternative, the applicant requests that the commission grant a variance which would allow him to erect a new conforming structure on the property and to continue his non- conforming use until such time as he ceases business operations and sells the site to another party. TYPE Of HEARING: ®CONDITIONAL USE - fce $75.00 D REZONING - fee $75.00 O YARIANCE - fee 5:5.00 for setbacks or 175.00 for others O OTHER - p APplicant(s):_ IPOhek7f—_------ Appllcant(s) address: Appllcant(s) phone(s): Home: Office: Address of property: Legal description of property: Lot ; Block ; Subdivision ry ,/rQW, Other LotO of AIW -cle. PP7 7-osus DEs sv e�r,�io-as'"`�77`"_ .rel attar Currently zoned: --,8- 3 Proposed zoning: A6 - Names of property owners within 750 feet: 0 See attached I'lease explain the reason for the Public Hearing request: 1_ t i - LL z_ 1 . . 1 _ 1 . / _ -4-..-- _ ,li�plat o be subdivided: — —acres ---- l..ume of Iirm preparing subdtvlslon plat: 0a to _Sign(!Jt �, r�l_�t�tlLt ................................................................................... ...... (for city uae only) 6,�^ Date application received: Jf�-J'/�S/ p•,:utpt Numer. �QO�19- Date of Public Ilearinq at the Plenninq Cuwiaa.on; T\mc: ncctsion of Planning Cossiesion �l�) p/f)j'P-W C, l I LI at.Lachad 11 A Variance, was there an Appel) 0 Yee- C] 14.1I If so, attach a copy of th. Al;pe.l. nuc of Connell conaideratlonl JA�i.aiu /!J�/9ff� Tu.et x%.30 .;W_ Decision /ul the Council) oel'`�a�-'-� 1' p 11 f _FLOP f/n lAO! d�P a r/ uJ P z/D P Oi rri `emir is'U a • L ac h.: d l'avnv r� t s : • I � Sae sttach.:•1 i uato if publ ication t /// 9/ty�l? i�8� (attach A coPy of the Rlbllc n.•nonce) Uata ..f Iuiltngl ///,7$/8S/ (attache copy of the a((tdavtt 1.f marlin;) IAuDR[.73 '� �r�th CedA,r St/eeef _... , —'---- PERHI T 1A/19,Cp -------- ,LEGAL.:!'' of 1,CSCA.PT10N LOT AS UfS IN BK ajL-A" CLOCK - ADOITIONnn-uAIA#cj PROQ .O, rT. Or SITE ARCA ? 50. rT, Or AREA OCCIPIED CT BUILDING_ .2,190 )I*fA IN570WJCTIONS TO APPLICANT —3 /CNN N([D MOT or U]LD VN[N ILO] ►LAMS 0"ALIN f0 ]C AIC A.[ IILCO VITN TN[ I[.MIT AIIL IC-1 10U. 10• NIt 1y 1101110]. 1110VIOL IN Ipl Lor, .0 Iw10 NMA.IONI 1pt ATI ON D/ II.p I0](o tpN]T.UG T IOM A.D [Al:i lnL I NI AOr(M[NT]. ]MOV DV IICI Nt ]IT( ANO !(TOACF DIN[wS 1pN1. SwOV [.]..CMTS. IINI ]II CONTO Vn] OA On.lII ALE, "103T ILOOII LLLVATIOMS. AT.LCT CLCVAl IO.I AND SCVC. [lC VAiIOw, iMCV LOCAr10w or VATCn, OC'�C'I, LAS, .rr0 CIC CI., I.I. ([11v ICL IINL1. ]NCV LOCATION] 01 IUAVCV PIN]. SIECIIr TIIC USE Or CA— C-011.1 ,w0 CAGN NAJOL IONTIOM INC ACOI, OINOICATE NORTH IN CIRCLE EACH MAPH ','QUARE EQUALS 10'-0" D1 I0'-0' V W --7 - -- uw. C.r UIr In.l In. wop—d Corglrv.1-a . 11 ao I— m In. elm.. l— ..e a....• ..a .....1 n.,1 . lull Yb .,q.Op-1. r �TCIILTVOrp.'-CANCiT On-C ORr n.C-TTIn'91r •l l'n!„• •I CLT IOC ,.............................................•..........................................................,, (10• CITt USE ON\1) 1':NED AP►ROVLO By DATE Council Minutes - 1/16/85 00 (),.Danner Consideration ofConditional Use Request to Allow an Addition to beBuilt onto a Non -Conforming Building in a B-3 Zone - Applicant, Trucking. Mr. Bob Danner of Danner Trucking applied for a conditional use permit to build an addition to his present building along Highway 25 South. The addition was intended to be used to provide storage for items that were currently stored in his present building, thus freeing up space so that he could house his tractor trailers inside. It was noted by the Building Inspector that Mr. Danner started construction of the leanto addition without a building permit or without a conditional use permit. It was also noted that since his current business is a non -conforming use in a B-3 Zone, alterations which enlarge this non -conforming use are not technically allowed under our current zoning ordinance It was pointed out that one of the advantages of allowing this leanto storage addition would be that Mr. Danner could possibly clean up his property and eliminate items that are currently stored in the open. After further discussion, motion was made by Bill Fair, seconded by Blonigen, and unanimously carried to grant the conditional use permit for the addition contingent upon Mr. Danner agree to clean up his property and remove all miscellaneous items stored outside other than trailers for his trucking business. If Mr. Danner was not agreeable to this compromise, the item would again be considered by the Council for possibly legal action to atop the building addition. 11. Consideration of Making Annual Appointments. Motion was made by Fran Fair, seconded by Maxwell, and unanimously carried to adopt the following schedule of annual appointments an follows: Official Depositories: Wright County State Bank tot National Bank of Monticello Security Federal Savings S: Loan tot Bank of Minneapolis Official Newspaper: Monticello Times Planning Commincion: Jim Ridgeway Ed Schaffer Richard Carloon Joyce Dowling Richard Martie HRA: Kan Maus Ito fill remainder of Cochran's term) Bud :Schrupp rr� i 'eA L C 1. St►af � ej <<d�`' s ��thf ...... _� . � :1 VSA �Os� 4e 0&0444 E /��a� jtf�„rss�+ aewl+* rtis e � Roo�,^tet- v BUILDING: vab co Ln 0 0 O c" ur` 236.15' ._..... ._ .,..._ 9910. Ft 2_ ..._ : �..,,, Cedar Street -- I CITY OF MONTICELLO Planning p COMMUNITY DEVELOPMENT DEPARTMENT Case A 250 E. Broadway, PO Box 1147 Monticello, MN 55362 (612) 295.2711 PUBLIC HEARING APPLICATION Check Requested Action: _ CONDITIONAL USE - $125.00 + all necessary consulting expenses* g ZONING MAP/ TEXT AMENDMENT - $250.00 + necessary consulting expenses' _ SIMPLE SUBDIVISION - $50 _ SPECIAL PLANNING COMMISSION MEETING - $250 _ SUBDIVISION PLAT - $300 + $100/acre up to 10 acres; S25/acre after 10 acres + expenses. City will refund excess of per -acre deposit. X VARIANCE REQUEST - $50 for setback/$125 for others + nec. consult. expenses' OTHER - Fee $ • NOTE: Necessary consulting fees include cost to have City Planner analyze variance, rezoning, & conditional use permit requests at the rate of $75/hr. The need for City Planner assistance is determined solely by City staff. Applicant Name: Robert Danner Address: 451 102nd Street NE, Monticello, MN 55362 Phone:Home: (612) n78-2086 Business: (612) 295-3250 Property Address: South Highway 25, Monticello, MN Current Zoning: 0-3 egal Description of Property: SEE ATTACHED EXHIBIT "A" Lot: Block: Subdivision: Other: Describe Request: SEE ATTACHED EXHIBIT "B" Information provided by the applicant on this form is true and correct. /. ;)/_ y7 lgo%/t f, l /� �- Z a, Yu P LL c.. Data Property Owner Signature -7 ho .t_ iti(I��Lc,L Date Applicant Signature (if applicable) (CONTINUE ON BACK—) Date Received/Paid- Receipt Number: �Zatc VCUSSAM.APP: 2/0(i//95 Public Hearing Data: 12. z EXHIBIT'A' .,,...e....___.__._._.._.... ...... ... ... -.._ ..._..., Northwest Quarter, Section 14, Township 121, Range 25, IACept thererrom a LrL, State of Minnesota in Book 210 of Deeds, page 256, legally described, to wit: All tlut part of the following described tract: That part of the Northwest Quarter of Section 14, Township 121 North, Range 25 West, described as follows: Beginning in the middle of the Buffalo and Monticello County Road, 26.84 chains southwesterly by the course of the road, from section line between Sections 11 and 14, said Township and Range; thence along middle of said road, South 29 degrees West, 3.95 chains, more or less, to the intersection of this line and the middle of the Marvin Road; thence along middle of said road, North 141 degrees West, 5.79 chains; thence South 85 degrees Fast parallel to North line of the piece of land from which this is taken, 2.77 chains, rnore or less, to the beginning (designated Int D of the Northwest Quarter of said Section 14); which lies Northwesterly of a line nm parallel with and distant 75 feet southeasterly of the following described line: Beginning at a point on the North line of the Northeast Quarter of the Northwest Quarter of said Section 14, distant 62.3 feet Fast of the Northwest corner thereof; thence run southwesterly at an angle of 71 degrees 09 minutes 30" .. : with said North line for 1700 feet and there ter- minating; containing 0.03 acre, more or less, in addition to the existing highway; together with all right of access, being the right of ingress to and egress fran that portico of the above-described tract, not acquired herein, to Tank Highway No. 25. ID " Z"6 EXHIBIT "B' Applicant seeks to amend the B-3 Zoning Ordinance to allow minor, non -retail, vehicle repair and storage for vehicles used in the property owner's trade or business as a conditional use. Utilizing the conditions already established in Chapter 134[C] and [E], the City has the ability to construct such a use in a fashion will adequately address concerns relating to the general welfare, public health and safety addressed in Chapter 23[A]. In conjunction with these considerations, it should be noted that the nature of adjoining land and buildings in the immediate area are of a similar nature. Additionally, similar uses are already in existence in the same B-3 district and other non-contiguous B-3 districts in the immediate area. These include Royal Tire and Hoglund Bus Company in the same B-3 district and D&D Bus Service Company in a B-3 district directly north and to the west of this district. The effect upon traffic of this use will be minimal since the only traffic exiting onto either adjoining roadway will be the few trucks moved onto the property by the applicant when in need of minor repair. This will not present any increase in traffic flow over that which has existed on the site for a period in excess of twenty years. �00��7 EXHIBIT *C" Alternatively, applicant seeks a variance under the provisions of Chapter 23 of the Zoning Ordinance to allow him to continue his use of the property for minor truck repair and storage of trucking equipment, subject to conditions that would provide adequate protection for considerations of traffic flow, health and safety and diminution of adjoining property values. The granting of a variance for the applicant is justified on the basis that to deny him a variance for the existing use of the property will create significant economic and non -economic hardship. The applicant purchased the property in question in good faith, and relying upon the then currently existing zoning of the property in order to carry on activities incidental to his main trucking business. The applicant has conducted business on the site for over twenty years and has during that time, been subject to zoning changes he has not sought, obtaining a conditional use permit to allow him to carry on his business activities to support his family. The applicant now seeks to acquire additional property and to construct a new conforming building and site plan which will allow the applicant to continue his business until such time as he ceases operations. At that point he can market the property to a buyer offering a conforming site and building which will meet all the physical and site requirements of the B-3 district. With the destruction of the existing building, the only remaining nonconformity which now must be addressed is the nonconformity of use which exists at the same time that substantially similar uses are being allowed in the same district. This constitutes a nonconformity which is unique to this property and due to circumstances not created by the landowner. If applicant's request for a variance is denied, he will be forced to cease operations and sell the property. Because of the zoning changes which have occurred, the applicant has suffered a diminution in the value of the property which will be realized upon what will amount to a forced sale where normal market forces will not prevail. s®•?,V Council Agenda - 12/8/97 11. ConFiirleration of salary schedule adjustments for 1998. (R.W.) A REFERENCE AND BACKGROUND: As part of the ongoing maintenance of our current salary system in use for all non-union employees, the City Council should annually review the salary schedule and make adjustments in order to retain the City's pay relationship to the market. With Monday night being the last scheduled meeting before 1998, adjustments to the salary schedule should be adopted by the Council at this meeting in order to allow for implementation of the new schedule by the first payroll in January. In preparation for the 1998 budget, 1 included an additional 5% in the salary budget for potential cost of living adjustments to provide sufficient dollars for possible increases. This does not mean the Council is obligated to a 6% increase, but it is to let you know that there are sufficient funds available to cover adjustments the Council may feel are warranted. As we have done in the past few years, it is recommended that the increase be reflective of the cost of living increases that are occurring in our area that other employers have granted and comparable to increases other communities may have used to keep us competitive with the market in surrounding communities. For background information, the City Council originally adopted our present comparable worth pay system in 1991 in order to comply with the new comparable law in effect at that time. Our program included 22 grades with 6 potential steps within each grade that all City employees could fall within. Since the current pay system already allowed for step increases by employees who may not have reached their maximum step of their grade, the Council does not have to be necessarily concerned with individual meriUperformance adjustments per se, but really needs to address what percentage increase would be appropriate for the entire salary schedule in general. In the past, the Council has used the Minneapolis/St. Paul Consumer Price Index as a measurement of the current inflation rate for the metro area. The current CPIU and CI'IW, consumer price index for urban consumers and clerical workers, is at 2.7'x; on an annual basis. The Minneapolis/St. Paul index is only calculated twice a year for annual purposes, and this 2.7% increase covers the time period from June 1996 through June 1997. In addition to the CI11 information, we also conducted a brief survey of various surrounding communities, including the cities of Big Lake, Buffalo, Elk River, Maple Grove, and Plymouth. These are the same communities we have surveyed in the past and can he useful for the Council to see what is happening in other communities around us. At the time of this survey, some communities hnd not yet established salary adjustments for next year, and the survey may indicate proposed adjustments that they will be considering. Council Agenda - 12/8/97 As you will note, the proposals or actual adjustments appear all to be in the 3% range. As additional information, I've also enclosed a history of recent years' salary adjustments adopted by the Council compared to the reported CPI increases for those particular years. The original intent in keeping our comparable worth plan up to date was to every 3-5 years review all of the job descriptions for possible amendments to bring the descriptions up to date to what may actually be occurring in each position. In 1995, all employees were given the opportunity to review their job descriptions and note any changes that have occurred in their jobs. Any changes were reviewed by their immediate supervisor before being reviewed by myself Ina growing community like Monticello, typically job duties and responsibilities change frequently and are always evolving. A few changes were made in descriptions in 1995 that resulted in some grade or classification changes for a few employees. While 1998 would have typically been the year to consider reviewing the entire job descriptions again, it may be warranted at this time for all employees to be asked to look at their job descriptions for possible modifications that need to be considered because of major changes in their jobs or responsibilities. In addition, l would also like to study and propose some possible plans of reorganization that could also result in modifications to various job descriptions and/or titles. While this procedure is not necessarily a factor the Council needs to address at this time in regard to salary adjustments to our pay scales, a potential reorganization plan will likely be brought forward to the Council in early 1998. On the last two union contract renewals, language in the contract makes adjustments to the union's pay scale based on the same percentage increase that is granted to non-union employees. Since our union contract is up for negotiation this coming April, it is anticipated that any salary adjustments proposed for non-union wage scales will likely carry over to the union contract negotiations. This concept has been beneficial in one respect in that it allows us to make sure that the comparable worth low is being complied with by assuring that one bargaining group doesn't receive increases that may put the comparable worth plan out of compliance. While I have mentioned these factors in past years, I believe it's important for the Council to keep in mind the following factors: Our original comparable worth study adopted in 1991 had originally recommended that each grade consist of 7 steps from bottom to top of the wage scale. The 7 -step system was recommended by the League of Minnesota Cities personnel consultant and was based on the average metrolrural steps used by other communities with similar pay systems. At the time of adoption of the new pay system, the Council made the decision to drop the 7th step, which in effect reduced the potential Council Agenda - 12/8/97 salary structure of the City by a little over 4%. Since the original recommendation was intended to keep us consistent with the market for our area, the Council had, in effect, immediately made a reduction in our market study by 4'%. 2. With many of our employees having worked for the City for more than five years, many of the positions are now at or nearing the top of their steps within their present grade. As a result, many of our employees will be relying on cost of living adjustments as the only increase in their salary unless their job descriptions or duties change sufficiently to warrant a move to a different step or grade. 3. While the use of the consumer price index from the metro area may not be perfect, it is a basis that has been used by the City Council in the past in an attempt to keep our pay structure in line with inflation. With the Minneapolis CPI at around 2.7%, it seems appropriate for the City Council to use this as a basis for their consideration and deliberations. 4. The Monticello School District recently agreed to a new 2 -year contract with the school teachers that averaged over 4'% per year. Similar settlements in other school districts have occurred recently near Monticello, including Becker. B. kLTFRNATIVP ACTION : 1. Council could establish a cost of living adjustment for the pay schedule that would apply to the entire non-union pay system which equals the current Minneapolis/St. Paul CPI. According to my current information, this percentage increase is approximately 2.7'%. 2. Council could adjust the cost of living based on some other factor other than the CPI index. ,�t1 r STAFF F ,O MRNDATION: After reviewing the survey information of surrounding communities regarding proposed or actual salary adjustments scheduled for 1998, and based on the CPI information, it is my recommendation that the Council adjust the salary schedule pay system at 3%. 1). SUPPORTING DSA: Salary survey of surrounding communities; Prior years' salary schedule adjustments. 23 Li SURVEY OF SURROUNDING CITIES 1898 PROPOSED SALARY ADJUSTMENTS Big Lake: 1322: 3'% 1031}: Proposing 3'% Buffalo: 1391: 2.9'% 138fl: No proposal at this time Elk River: 139.2: 3'% 103$: 3% Maple Grove: 1312: 3'% 1,0$$: 3'% Plymouth: 1332: 3'% 133@: 3'% SALARY SUR 12/1107 "aw / v PREVIOUS YEARS' SALARY SCHEDULE ADJUSTMENTS For Year. Reuorted CPI Increase Council Adjustments 1993 3.2'% 2.5% 1994 3.7 to 3.8% 3.5% 1995 2.9 to 3.1'% 2.5'% li 1996 2.7'% 2.7'% 1997 3.1 to 3.3'% 3.1% li 1998 2.7'% ?? 3% PMaYRAM ,z",/_Z Council Agenda - 12/8/97 12. Congideration of scheduling meeting and h Mondeello Tow phis (R.W.) A_ REFERENCE AND BACKGROUND: As you are aware, Township officials have requested that a meeting be set up between the City and the Township to discuss our annexation proposals. At our previous Council meeting, it was suggested that a meeting be scheduled after the Township responded to the City's proposal outlining which areas of our proposal they wanted to discuss further and had concerns about. In anticipation of a response from the Township, this item was placed on our agenda for Council consideration. Thursday I did receive a letter from the Township Clerk that again simply requested a meeting be established between the City and the Township to discuss annexation issues. The letter, which 1 believe all Council members received a copy of, simply states the request and does not provide any additional background as to what, if any of our proposal, is unacceptable. As a result, I am still not aware of what particular points the Township would like clarification on or are in disagreement on, and it appears that we may never receive a written response to our proposal. During a recent discussion with the Assistant Director of the Municipal Board, Pat Lundy, 1 obtained a number of names of individuals who have had experience acting as moderators or facilitators in annexation issues throughout the state. 1 have not yet contacted any of these individuals; but if this was the direction the Council and Township wanted to pursue, I'm sure could find an individual who could act as moderator for discussions. Although I'm sure the names I received are qualified individuals in regard to annexation and consolidation discussions, one concern I would have is that I would assume an individual such as this would not necessarily be familiar with our situation here, nor be aware of the history of our Orderly Annexation Area and annexations that have taken place in the last 25 years. This would be one drawback to using an outside facilitator at this point, as it may be unnecessary. As an alternative to a joint meeting, the Council could still consider simply authorizing the Planner and/or Attorney for both sides to meet and come up with proposals that could be brought back to both bodies for consideration. It's very possible that there aro solutions or concerns by the Township that could be easily addressed by our Planner and/or our City Attorney meeting with the Township's attorney and/or planner. 1 believe this method would have a good chance of arriving at an acceptable compromise if we only knew 24 Council Agenda - 12/8/97 what the specific concerns were from the Township's perspective. On the other hand, if the Township has a problem with the entire proposal we have presented, we may be too far apart to reach a solution, and going before the Municipal Board may be the only logical choice. Council could set a meeting date as requested. Council could continue to request a response to our proposal before establishing a date. Council could authorize the City Attorney and/or City Planner to meet with the Township's attorney to discuss specific concerns without a joint meeting. STAFF RF_ .O MF.NDATION: None. D. SUPPORTING DATA: Copy of Township letter. Monticello Township County Road 117 Monticello, Minnesota 55362 December 2nd, 1997 Mayor & Council Members City of Monticello 250 Broadway East Monticello, Mn. 55362 Gentlemen, We are asking that the City of Monticello set the first meeting time and date to determine if something can be worked out between the City Council and Township Supervisors in regard to annexation. We are very flexible to a date, but a first and second choice would be helpful, with the meeting being held as soon as possible. We have enclosed the P minutes from the Monticello Times of the Special Joint Meeting of Tuesday, July 8th at which time the City and Township members of that committee had come to an agreement. At this first meetiny, we would like to start by discussing that agreement. Lastly, that in order to conduct an orderly meeting, we would like L - have a staff pe, son from the Minnesota Municipal Hoard to be in attendanc-,. We thank you in advance for an early reply in the above matters. Sincerely, MON�TIC;ELLLO TOWNSHIP BOARD OF SUPERVISORS 10 by clerk, Darlone'Sawatzke. �/- opyt Rick Wolfsteller, City Administrator i /Z -/ The special joint meelinpp of the Monticello City CounciUMonticello Township BoatA was held Tuesday. July 8, 1697 - 7 p.m. et Monticello City Half. Members City City Council Committee Members 'resent: Brian Stumpf, Clint', Herbst, Rt ier Carlson Township Board Committee Members • I Present: Ken Scadden, Ted Kopff.-, Charles Holthau Staff Present Rick Wolfsteeer, City.., Administrator A speual joint committee meeting of the Monticello City Council and Monticello Township Board was held foe... the purpose of discussing the urban ser.., vice area boundaries and orderly annex,': soon area OAA►. Towns Supervisor Ken Scedden.' explained at the Township Board pro- gosed the following for urban service:. oundarles: 1. Agreed with changing the east; urban service boundary to coincide with, the OAA boundary except that they sug- flyeated that the urban service boundary. Hue be straightened to Include the areas„ near the freeway that are not presently - within city limits. 2. Agreed to extend the urban service boundary li„e to the south to coincide with the existing OAA boundary, 9. Agreed to extend the urban service. boundary line to the west to coincide wllli the OAA boundary except they proposed to exclude the Pralrie Acres and The. Dunes a^velopmenis since they ar6, developed pwcels. 4. proposed to square off the wester, boundary at Cameron Avenue to the hes- ; way, which would exclude 08owskl'en'. Orchard and Deveron Green. Township Supervisor Charlet: HolMaus noted that the Board was corn,. cerned about city services being extend. ed across township property In order tq., reach another parcel for development', The Supervisors alsu questioned the City's method of assessing for Improve- ments. Councllmember Clint Herbst , replied that the Township had a valid con•,,. cern and that he also did not want to see. city services extended across township.; parcels In order to reach other parcel,. proposed for development. Herbst also,• noted that township properties would no1•,; be assessed unless city services were extended at toss a parcel and the pwcel, was annex -td. Ken Scadden also reported that th. Township Board proposed the follow agreement between the City, a ; Township regarding Annexation: , 1. The City would.make.pp�rorated tax;,! nts paymeto 0*71owTaMp' fW, •10 years for parcels annexed; Irdo,,fhe; tFor. example, the Hist yyear a • parcel x Ie,- annexed Into the city, tits Township wool,' receive 100% of the taxes. The second year they would receive 90%, then BO%,x:• etc.' 1, . . .r, .1. .1; 2. It a 10 -year' agreement wet reached between the City and Townshq•,-h the Township would not objed to annexa agora within the OAA area. 9. The CIty must also agree not tq,, annex parcels outside of the OAA bournd•,� ary lines. 4. The City and'Townshlp would review the agreement and boundary O%; In 6 years. 6. The City must limit annexation to-. only 40 acres at a time.. City Administrator' Rick Wolfstolto.: noted that in the soulthsast area, the City. , will soon need to address provtling city services for the Resurrection Church and.: will also need to think about whether to:,. oversize those utilities for 4urturs.exten-,- abns. Courxilmember Herbst noted anal': according to the 'proposal by 'the Township, the City would not annex any,, parcate outside of the OAA boundaries-, for 10 yeare, but the City, could.annex alter that time If necessary '. It was sug sexed 'Mat - the Cltr , Administrator a� Township Chair, cold drew up an agreement for Ute City l Crxmcl's- review at, their, next regular-, I meeting scheduled for Judy 14. There being no further business, the. meeting was adjourned. -Karen Doty, Office Manager . 1., Council Agenda - 12/8/97 13. , : . • - , , , .• 11 , : II ATTITT?f>l i i�r{ , useg „ the „o: , Montocello.-Rig Lake HoRpital 1 oodrict (NAC) A. REFERENCE AND BACKGROUND: This report is prepared as a supplement to the Planning Commission's agenda report. At its last meeting, the Planning Commission recommended approval of the hospital PUD concept plan with certain conditions. These conditions were generally as suggested in the planning report prepared on the item with some modifications. To help clarify and summarize the Commission's action, we have prepared this supplement. Planned Unit Deaelnament. The concept stage review in a planned unit development is undertaken for a couple of important reasons. For one, the concept plan allows the applicant to submit preliminary drawings of a complex project to get feedback from the City regarding issues which the project will raise. Second, concept review gives the applicant some assurance that proceeding further with more detailed plans will be worthwhile and the project will not be turned away on a more basic point of contention. Finally, the concept plan gives the City assurance that if the first phase of the project is completed, there will be an acceptable, logical way of developing future phases based on the concept plan. This does not mean that the ultimate plan cannot, or will not, change as time goes on. Instead, the status of a concept plan approval is just as it says - conceptual. If the applicant wishes to propose an alternative design in a future phase, the City can still approve the alternative so long as it makes good design sense and works within the context of the concept. However, it is important to raise all important issues which the concept brings up at the outset. The applicant must he aware that approval of the concept plan with conditions on future phases is likely to translate to final conditions of a similar nature at the time of actual approval of that future phase. The Planning Commission modified a few of the staff report conditions or selected one choice from the available options. As discussed by the Planning Commission, the proposed conditions are as follows: Revise the plan to: 111 preserve the proposed city street access from Hart Boulevard to CSAH 76 near the clinic entrance, or Council Agenda - 12/8/97 (2) provide for egress from the WWTP similar to that shown on the map, Exhibit A (the east frontage road to an intersection with CSAH 75 and the future 7th Street), or (3) other alternatives currently being studied by the City's engineering and public works staff. [Comment: The primary change is to allow the study of other options since the Hospital District is not favorable toward either of the first two originally proposed.] 2. Maintain the existing nursing home access to River Street but redesign the parking structure to provide for top-level access and weather -protected ramping. [Comment: The Hospital District indicated that it wishes to retain the driveway connection down the hill but could redesign the ramp.] 3. Provide for right -out egress onto CSAH 75 near the ramp's upper level driveway at the west edge of the project. [Comment: The Hospital District was favorable toward this suggestion.] 4. Relocate the west building line of the structure to meet the 30 -ft buffer yard. [Comment: The Planning Commission did not approve the buffer yard variance for the parking ramp. The Hospital District indicated that they wish to heavily landscape this area. Since this project will occur in a future phase, the District may request reconsideration of this mriance in the future.] 5. Provide for an alternative helipad location. (Comment: The, staff report had recommended a site on top of the romp or the hospital itself due to concern over trnf c conflicts at the proposed site. However, the Hospital District argued that the cost of a structure location us. a ground pad were prohibitive given the limited flights and lack of revenue generated by the helicopter operations. The Planning Commission's recommendation reflected a suggestion for n ground pad on the river side of the complex.] 27 v Council Agenda - 12/8/97 Provide plans acceptable to the City for the relocation of the utilities on the west side of the main hospital expansion. [Comment: The Hospital District indicated that this would be no problem and that they were aware of the conflict.] Provide design detail to City engineering and public works staff illustrating the protection of the City's storm sewer near the clinic expansion. (Comment: The Hospital District indicated that they would work with the City on this issue.] Vacate the River Street right-of-way to avoid setback encroachments of both current and proposed improvements, contingent upon retention of City easements as necessary. [Comment: This condition accompanies the Planning Commission's denial of the variance to the setback for the parking structure toward the River Street right-of-way.] DECISION 1: PUD CONCEPT PLAN The Planning Commission recommended approval with the conditions as outlined above. DECISION 2: VACATION OF HART BOULEVARD The Planning Commission recommended approval, consistent with the concept plan, and a resolution of point number I regarding WWT13 sludge trucks. DECISION 9: VARIANCE TO RUFFER YARD The Planning Commission recommended denial of this future phase issue. DECISION 4: VARIANCE TO PARKING tOT/DRIVEWAY SETBACKS The Planning Commission recommended denial of these variances, proposing alternatives including the right -out egress driveway to CSAH 75 from the parking ramp and a vacation of River Street right-of-way. 28 Council Agenda - 1218/97 C. STAFF F, .O F.NDATION: Staff has no further recommendations on this project. D. SUPPORTING DATA: Copy of Planning Commission agenda item 29 cc"-�Y Pluming Commission Agenda - 12/02/97 7 s e. Public Hearina: Consideration of an aoolication for a Conceot Plan Approval of a Conditional Use Permit for a Planned Unit Develooment IPUDI. variances Lo the Buffervard standards and driyvmy setbacks from a public riaht-of-wa and a partial vacation of Hart Boulevard. AWIlcant: Monticello -Big_ Lake Community Hospital District. (NAC) A. REFERENCE AND BACKGROUND: The Monticello -Big Lake Community Hospital District is proposing a major expansion of their facilities on Hart Boulevard in Monticello. Nearly all aspects of the site would see some level of expansion, to be phased in over time. The first step in reviewing a PUD is to consider to the entire site concept plan. The concept review is designed to alert the applicant to issues which may affect the general layout of the project, including zoning issues affecting adjacent lands. This PUD project lies within the PZM zoning district which allows mixed uses, including the hospital, clinic, nursing home, and the senior housing. As a result, the majority of issues raised by this project will be impacts on adjoining properties, streets, and utilities. PUD Process. A Planned Unit Development is being utilized to accommodate the mix of uses and buildings on the site. PUD is intended to promote corrdinated design which would not be possible through strict application of Zoning Ordinance standards. PUD implies flexibility on the part of the City, in exchange for superior project design and site management on the part of the applicant. This process eliminates the need for internal site variances, but the impacts on adjacent property are held to Ordinance standards, at minimum. Proposed ftJecf Overview. The proposed project would allow for expansion of nearly all facets of the subject site, including emergency services, outpatient hospital services, the adjacent clinic, and the Mississippi Shores senior housing facility. The project as illustrated on the concept plan would be phased in over a number ofyears, ultimately resulting in an expanded off-site parking supply of approximately 767 spaces, up from a current count of 297 spaces. Many of these new spaces would be contained in a three level parking structure at the west boundary of the project. The existing ambulance garage and clinic building would be replaced by the parking deck. Several more parking spaces would be located in what is now the Han Boulevard right-of- way The project plans illustrate a closing of Hart Boulevard from the east part of the new parking area. Access to tho proposed project is designed to be provided from County Highway 75 at a primary divided entrance/exit directly in front of the hospital main entrance. Secondary accoss is shown below the hill at the exiting access to River Street No other access to the Planning Commission Agenda - 12/02/97 project is proposed under this arrangement The most significant changes to site usage, other than general expansion of the uses, are to emergency access. One of these is a concentration of emergency vehicle access and storage to a location just east of the primary entran^-e. With the removal of the existing garage, this area will now accommodate all emergency vehicle needs. The second change is a proposed relocation of the helipad to a site adjacent to the main driveway from CSAH 75. Currently, helicopter landings/takeoffs occur on the school side of the County Highway are patients are then transported between the helipad and the hospital by ambulance. Proiect Issues. One of the primary issues raised by the proposal is access, both for the hospital complex itself, and access impacts on nearby properties. Staff has noted a concem to retain at least two available access points to the facilities. This is due both to the emergency needs of the facility, as well as the significant levels of traffic generated by the project. As noted above, the plans propose a primary access to CSAH 75, and a secondary access to River Street. These areas are connected by a relatively steep driveway (6%+) which provides exterior access to each of the three independent decks of the parking structure. Hart Boulevard. The vacation of Hart Boulevard in central to the design of this plan. The area of vacation is proposed to be expanded from previous discussions. Under this plan, Hart Boulevard would be returned to private ownership from its connections with CSAR 75 on the west to the easterly property line of the Mississippi Shores facility. Much of this right-of-way would be converted to parking area for the hospital and clinic, and the planned connection to CSAH 75 near the clinic entrance would be abandoned. The closing of Hart Boulevard raises a critical issue for the City's operation of the Wastewater Treatment Plant (WWTP) now under construction east of the hospital. As previously planned, trucks hauling sludge from the WWTP would have turned west onto Hart Boulevard, then connected to County 75 via the planned intersection in front of the clinic building. The trucks will haul sludge to a location west of the City limits. With access to County 75 cut off as now proposed, the sludge trucks would need to find a new route. Staff has discussed options for the WWTP sludge removal if the hospital's plan proceeds. At this time, the most likely solution would be to construct additional frontage road on the south side of CSAH 75, connecting with the road which serves the Total Mart area, and intersecting with County 75 at a point which would also serve as the location for a new 7th Street intersection (See Map, Exhibit A). This frontage road connection would not be required but for the closing of City street access via Hart Boulevard. Staff has discussed a recommendation that the Hospital District participate in the costs of constructing this alternative access to the WWTP necessitated by the new plan. A parking lot access/ egress to Hart Boulevard would be desirable to facilitate the dispersion of traffic. /3002 Planning Commission Agenda - 12/02/97 River Street. The design of the project retains access to River Street from the area below the hill. In addition to access to the nursing home area, the lower level of the parking structure would be located in that location. The proposed design would shift a percentage of the hospital traffic from Hart Boulevard/CSAH 75 to River Street. At issue would be whether the proposal would increase traffic to a level which is inappropriate for residential areas. Current traffic counts from the hospital site onto River Street range from approximately 250 to 450 vehicles per day. Closing access to River Street would raise the issue of maintaining at least two access points for the substantially increased traffic expected over the life of the project, as well as a concern over the steep grade on the driveway connecting the upper and lower levels of the project. During winter weather, it is unlikely that traffic exiting the parking ramp at the bottom level would be able to climb the hill to CSAH 75. One possible solution would be to revise the ramp design to provide for internal circulation between levels. Such a design would both reduce grades, and weather -protect the ramped driveway. �Vith such a design, all access and egress to the ramp could be controlled at the top level. To minimize the congestion at the main driveway entrance, a right -out egress driveway onto CSAH 75 from the ramp area could be included in the project. Nursing home traffic currently using River Street could continue to use the existing access with negligible effects on the neighborhood. County State Aid Highway 75. Access to CSAH 75 from the main hospital entrance would require coordination with the School District due to the proposed channelization of the County Highway. New medians would effectively close left turn access to other driveway points between Washington Street and the new intersection at the Hospital entrance. The School District has indicated that with the transition of the property to a Middle School, the new intersection location would serve them adequately. The City and County have been discussing signal lights at Washington and the new 75/7th Street intersection. The hospital has requested consideration of a signal at the new hospital/school driveway intersection as well. A study of the required signal warrants would have to be conducted before the County would consider this request. Also of concern at this location is the proposed helipad adjacent to the main driveway. This location could cause significant congestion, particularly at shift changes, as several vehicles are attempting to leave or enter the site at once while helicopter activities are underway. A location on top of the parking structure or a portion of the main hospital building itself would be safer and more appropriate. R�ilding Maascing/Neighborhood Compatibility. The majority of the project expansion will occur in areas which have no immediate neighbors. The primary exception to this is the location of the parking structure and its proximity to the residential neighborhood along River Street to the west. The parking structure would encroach into both the buff eryard setback on the west, and the River Street right-of-way setback on the north. Since River /3-3 Planning Commission Agenda - 12/02/97 Street is not constructed along the hospital property, the bufferyard encroachment raises the greater concern. The proposed separation between the parking structure and the property line is twenty feet. The Zoning Ordinance bufferyard regulations would require a minimum of thirty feet, with a twenty foot wide landscaped yard. There would not appear to be the normal hardship criteria justifying a variance from this standard. If the City is inclined to consider the encroachment under the PUD, it would be possible to require an enhanced architectural treatment to the parking structure facing to mitigate the otherwise imposing size (both height and mass) of the structure. Such a treatment may include variations in the facade of the structure and screening of the views into the structure. Although the structure's encroachment toward River Street is to an unconstructed street, a variance would be required to allow the northerly extension of the building to within twenty feet of the right-of-way as proposed. As with the bufferyard, there would not appear to be any hardship criteria supporting a variance to this setback. A possible solution would be to consider a vacation of River Street, since there does not appear to be any long-term intention to construct it. It has caused concern over limitations to hospital construction in the past, including both building and parking areas. The City could retain any easements necessary to protect its interest in utility installations, drainage, or pathway connections, but the full right-of-way does not seem necessary. If the City is not favorable toward a vacation of River Street, the parking structure should be moved to meet the normal thirty foot setback. Other Issues. Two final issues are raised by the plans proposed by the hospital district. One involves the consideration for a variance from the required setback for driveways from the property line, and the second involves existing utilities and encroachment on City easements. With regard to the driveway setback issue, the proposed plan illustrates a driveway connection for the top level of the parking structure which encroaches into the CSAH 75 right -0f -way. This encroachment does not appear to be a major problem from the City's standpoint, although only the County can issue the authority to build the project as proposed. If the County approves of this encroachment, the City could approve a variance for the setback encroachment as well. Perhaps a better solution would be to create a right -out egress driveway at this point, as suggested above. This solution would avoid the variance issue altogether, and improve circulation at the same time With regard to the easement encroachments, Engineering and Public Works staff have expressed concern that the encroachments would negatively impact the City's ability to maintain the utilities in place. The encroachment on the storm sewer easement is possible, but would require a significant investment in protecting the pipe, and preserving the City's access to the facility The proposed encroachment on the utilities at the west side of the hospital building would require either a redesign of the site plan to avoid encroachment, or a relocation of the utility as a part of that phase of the hospital project. )34 Planning Commission Agenda -12/02/97 SummalY The project concept appears to be generally acceptable, with a few modifications, some of which are significant. These modifications are summarized as follows: 1. Revise the plan to preserve the proposed City street access from Hart Boulevard to CSAH 75 near the clinic entrance, or in the alternative, provide for egress from the WWTP similar to that shown in the map, Exhibit A. This would include a terminus to Hart Boulevard, and project parking lot access from that City street. 2. Maintain the existing nursing home access to River Street, but redesign the parking structure to provide for top-level access and weather -protected ramping. 3. Provide for a right -out egress onto CSAH 75 near the ramp's upper level driveway at the west edge of the project. 4. Relocate the west building line of the parking structure to meet the thirty foot bufferyard, or in the alternative, provide for enhanced landscaping and buidling architecture to mitigate the encroachment on the adjacent residential property. 5. Provide for a helipad location on on top of the parking structure or the main hospital building. 6. Redesign the west side of the main hospital expansion area to avoid the utility easements, or provide plans acceptable to the City illustrating the relocation of the easement and utility lines in place. 7. Provide design detail to City Engineering and Public Works staff illustrating the protection of the City's storm sewer near the clinic expansion. 8. Consider vacation of the River Street right-of-way to avoid setback encroachments, both existing and proposed, contingent upon retention of City easments. Declalon 1. PUD Concept Plan 1. Motion to approve the application for a PUD Concept Plan with the comments listed in Exhibit X, based upon the findings that the application would comply with the City's Comprehensive Plan anticipating long-term provision for the hospital site, and the Citys Transportation Plan objectives in accommodating the use of CSAH 75 in this area. Planning Commission Agenda - 12.102197 2. Motion to table the application for a PUD Concept Plan to permit further City review and refinement of the proposed plans. 3. Motion to deny the application for a PUD Concpet Plan based upon the findings that the application is contrary to the best interests of the Citys land use regulation in the River Street[Hart Boulevar/CSAR 75 area. Decision 2. Vacation of Hart Boulevard Motion to approve the vacation of Hart Boulevard as proposed by the Hospital District. 2. Motion to table action on the Hart Boulevard vacation, pending Final Stage PUD consideration. 3. Motion to deny the Hart Boulevard vacation. Decision 3. Variance to Bufferyard Motion to approve the variance from the bufferyard standards for the parking strucutre on the west side of the project, based upon a finding that the steps proposed to mitigate the encroachment would result in a better project design, contingent upon the conditions listed in Exhibit Y. 2. Motion to table action on the bufferyard variance, pending Final Stage PUD consideration. 3. Motion to deny the variance request from the bufferyard standards, based upon a finding that there is no hardship present justifying the variance. Decision 4. Variance to parking lot/driveway setback Motion to approve the variance from the 5 foot setback for parking lots, based upon a finding that the use of the site is unique, and that accommodation of the parking structure is necessary to allow for reasonable use of the site, contingent upon the County's grant of the use of the CSAH 75 right-of-way in that location. 2. Motion to table action on the parking lot setback variance, pending Final Stage PUD consideration 3. Motion to deny the variance request from the parking setback standards, based upon a finding that there is no hardship present, and that an alternative design, such as a right -out egress to CSAH 75, would offer an acceptable layout without 13 -!o Planning Commission Agenda - IV02197 need for a variance. STAFF RECOMMENDATION Staff recommends approval of the Concept Stage Planned Unit Development, contingent on the comments provided in this report, and as summarized in the attached Exhibit X. The design changes mentioned in the report will help the project avoid problems for WVVTP function, preserve primary and secondary access for emergency vehicles, allow for improved helicopter ambulance services, limit traffic on River Street to an approximate level which is currently experienced, improve function of the parking deck (including both internal circulation and egress from the site), and improve the compatibility between the residential neighborhood and the large parking structure. With regard to the variances, we would recommend tabling formal action at this time, pending approval of the final stage of the PUD. If the City wishes to take action prior to that time, we would recommend that the variance to the bufferyard could be approved, subject to Planning Commission review and approval of the plans and elevations, but that the parking setback variance be denied, since a redesign of the circulation would eliminate the need for this variance. For Hart Boulevard, tabling action on the vacation would be appropriate, pending a Final Stage PUD approval and a final project design. For Development Stage (and Final Stage) PUD approvals, the applicant should submit the following documentation: 1. Final Site Plan and Phasing Plan 2. Final Grading Plan 3. Final Utility Plan 4. Final detailed Landscaping Plan 5. Building Elevations of each expansion area 6. Application letter, explaining compliance with the Concept Stage PUD approvals, or detailed explanation of any inability to comply. Exhibit A - Area Location Exhibit B - Site Plan Exhibit C - Phasing Plan Exhibit D - Site Survey Exhibit E - Concept Landscaping/Grading Exhibit F - Concept Utilities Exhibit X - PUD Concept Stage Conditions Exhibit Y - Bufferyard Variance Conditions 10 /3-7 7�0 Site Nom. � � •.��� Possible 7th Street/Hart Blvd./CSAH 75 Intersection yWILL ���• �`,, �w i -- _ { i----• \ fdJM'11I d\'t'. P '\1v�y ,; � � � Y••• J 71 VIA ti •r y � 1` �- Exhibit A - Area Locatior. ' MONTICELLO/ • 1 j "' �� BIG LAKE COMMUNITY MONTICELLO HOSPITAL 31G LAKE COMMUNITY `'O•` d.��;',•� �'1 HOSPITAL DISTRICT . r - � �• E.�W -•:r rri ` ` .. `•'�. � � ' :� \+' • •i �'��;^_� � +• . \`\444,,, ''//{///,��./// � ; � h �� ��i .��'���? •Z ti`s. 'r' ' •'%'• `j' ; - ;, �• MlLYNMY SITE PLAN ® ~: �_ _ • / _ SITEPLAN -.- fU � o �,,� i' MACO 'NA GOO StA,GS ��„o.,.s,. IZ • � 1 •, (• �. ZSR' r I" eta • % r� �,+,.�'�� 1 /,, • Y,.....1J ,C,"` . `h ♦ .r o�,.i `aN�a xg r�' ��• �_ Com` y.���a`�a��'�t �'j ��.1j�J�f�Yr� � ; ��I� •.�` �� . 1C ..1 ,. �•� � /OLS- ~��''^ — --—•—•---^---• — `!�t.a' =max:=.- � •.�� `w �� : •.�i -_ _-_ — • 1 �''IIli � �--'.-_• � � `',� ��y � , Y, : /'ht,Tf to �. t,:<�. � \ $ y .. Il ku, OWN .7 Z= Planning Cornmegrion Agenda - 12/02/97 1. Revise the plan to preserve the proposed City street access from Hart Boulevard to CSAH 75 near the clinic entrance, or in the alternative, provide for egress from the WWTP similar to that shown in the map, Exhibit A. This would include a terminus to Hart Boulevard, and project parking lot access from that City street. 2. Maintain the existing nursing home access to River Street, but redesign the parking structure to provide for top-level access and weather -protected ramping. 3. Provide for a right -out egress onto CSAH 75 near the ramp's upper level driveway at the west edge of the project. 4. Relocate the west building line of the parking structure to meet the thirty foot bufferyard, or in the alternative, provide for enhanced landscaping and buidling architecture to mitigate the encroachment on the adjacent residential property. 5. Provide for a helipad location on on top of the parking structure or the main hospital building. 6. Redesign the west side of the main hospital expansion area to avoid the utility easements, or provide plans acceptable to the City illustrating the relocation of the easement and utility lines in place. 7. Provide design detail to City Engineering and Public Works staff illustrating the protection of the City's storm sewer near the clinic expansion. 8. Consider vacation of the River Street right -d -way to avoid setback encroachments, both existing and proposed, contingent upon retention of City easments. Exhibit X - Concept PUD Conditions Planning Commission Agenda - 12/02/97 Increase landscaping in the remaining bufferyard per a revised landscape plan to be approved by the Planning Commission and City Council at Final Stage PUD. — Treat the exterior of the parking structure with materials which decrease visual impact on the neighborhood, per an elevation drawing of the structure to be approved by the Planning Commission and City Council at Final Stage PUD. Screen the view of vehicles in the strucutre from neighboring properties, per a plan to be approved by the Planning Commission and City Council at Final Stage PUD. Exhibit Y - Bufferyard Variance Conditions Council Agenda - 12/8/97 14. „ r:ti Monticello „ , residpntial distrieL City of Monticello, A- F.FF. F.N ND BA .K .RO 1ND: This report is provided as an update regarding the Planning Commission's action on the Klucas property rezoning. At its last meeting, the Planning Commission voted to recommend the rezoning of the property from R-3 to R-2, medium density residential. Under H-3 zoning, the site has the potential of containing 300 housing units. There was strong agreement that R-3 development was disfavored by the comprehensive plan, particularly the amendments made as a part of the MCP's Downtown Revitalization Plan. The Plan recommends a concentration of higher density residential uses in the downtown area to facilitate a greater market for downtown business. Multiple family uses such as the Klucas site on the "fringe" of the city's developing area would not be consistent with these objectives. Staff had recommended light industrial zoning based on concern over the appropriateness of the Klucas property for any kind of residential use. Freeway locations tend to hold down the value of residential neighborhoods due to noise and visibility. Although visibility is limited on this site, we believe that noise would continue to be factored into homebuyers' or renters' price decisions. The Planning Commission did not believe an industrial district to be appropriate in this location. As a result, they recommended R-2 zoning based upon a general feeling that the R-2 did a better job of providing land use transition and meeting comprehensive plan goals for the downtown. Under R-2 designation, the property could achieve a density of 8 units/acre or approximately 130 units. B_ ALTERNATIVE ACTIONS: Motion to rezone the I(lucas property from R-3 to R-2 based on the finding that H-2 provides a more compatible transition between neighborhoods, and the R-2 zoning designation is consistent with the comprehensive plan. Motion to rezone the Klucas property to 1 -IA based on the finding that said use is compatible with adjoining R-2 uses given the buffer yard requirement. Motion to deny the rezoning request. 30 Council Agenda - 12/8/97 C, STAFF RECOMMENDATION: There are good arguments for I -IA or for R-2. Staff concurs with Planning Commission that 20 acres of high density hnusing with the potential of 300 units is not appropriate at this location. There is ample land remaining within walking distance of downtown in other R-3 and PZM zones to satisfy the multi -family market. None Council Agenda - 12/8/97 „ A RFFERENCE AND BACKGROUND: Change order tt9 involves modification to the contract language for Adolfson & Peterson to change the first phase completion date from January 1, 1998, to February 1, 1998. Those items required to be completed with the first phase are SBR tank #3 (capable of receiving and treating wastewater); the new standby generator, motor control center, and switchgear; operation of the old equalization tank as a waste -activated sludge storage tank; and completion of the administration building. During the construction phasing, Adolfson & Peterson has chosen to have an additional SBR tank on line by January 1, 1998, rather than have a temporary wall constructed in tank N3 to aid in operation. A & P has requested that the completion time for phase I be extended due to the holiday season, the scheduling of startup and training, and the coordination and late delivery of equipment. Under the current contract language, if phase I isn't completed until February 1, the contractor would owe the City $15,000 in liquidated damages. As a trade-ofT for changing the first phase completion date, PSG, City staff, and HDR have suggested that A & P he required to complete the chlorination and dechlorination system and have it operational by March 1, 1998. The contract documents were ambiguous in this regard, as a portion of the specifications call for completion of those modifications by December 23 of this year, while another section indicates that initiation of construction wouldn't have to begin until April 1, 1998, The City must begin chlorinating and dechlorinating by March 1; and since the existing chlorination tank is so small lit can only handle 800 gallons per minute), the operation of the discharge from the SBR tanks must he temporarily modified from the 5,000 gallon per minute discharge down to 500.800 gallons per minute. It would be in our best interest to have A & P complete all of the work for the new chlorination/dechlorination system by March 1. This would mean that we would only have to run at a reduced decant rate for the first month. In addition, A & P is also asking that the administration building be delayed until February 1; however, we feel that we should not be delaying it past January 15, as we need to move all of our operations in there prior to startup of the S13 It Uinks. 32 Council Agenda - 1218/97 The first alternative would be to grant A & P a 31 -day extension for completion of the first two SBR tanks, and a lb -day extension for the completion of the administration building, contingent upon their completion of the proposed chlorination and dechlorination system by March 1, 1998. The second alternative would be not to grant extensions of time. It is the recommendation of the Public Works Director, City Administrator, PSG, and Bob Peplin of HDR that the City Council approve alternative ill and grant A & P the extensions of time contingent upon completion of the chlorination/dechlorination system. The difficulty of an extremely cold weather startup immediately after the holidays does present additional problems, and with the traditional warmer weather in February and the completion of the dechlorination/chlorination system by March 1, this could benefit both the City and the contractor. Copy of proposed change order N9. FD Change Order No. 8 ara)ec r Name Westevata Traabnent Plus to pantron R Payed No.: 08124-004164 orgect Owner: GN of h1ar00 W, MN a PrgaR NO: 03.14C I dgeuer S 1215197 Prejed Ccntredor. Adollaon and Paterson d Cpr"a 12118108 jt orraw Parley; 12018106. lam 5w It if agreed to modify Ore Connct raaorred to above A felom tem No. Item and DeW400n d Glaroft Contact Price Coned I" DeMw Increase Decrease Increase 1 pop," nAW • Agreement • Afide 3,1 0 0 0 31 (tnteom comdaaon bee • M 33001 (ABaehment Al Sub.TVM 0 0 0 31 Dd{erencpNet , j 31 Summary. R Is Byroad to Mod14 Ole COmrecl rdartad to dove as fobews: Contrw Prwe Prior to this Champs Order CorAed Time prim to Na Chanpe Order 11.352.670,50 OwMkt*n Was (rdarence Document 00600): puluary 1, 1006 and ApM 1. 1088 Final Campetlw 08%. October I S, 1998 Not increase (decrease) d this Change Order flat Increase (dace arae) of this Change Order 4000 1 1e and 31 ave Interim Cemoletlon Date) Revised ContraW Pnce with all approved Grange Orders RwA.W UftWt Time with ell approved Charge Orders 11,382,670.60 �ntonm ,tan„a,y 15, 1008, F4Drw7 /, 1008 and Apnl 1, 1004 J I Cdrrryletral Dato Ocid><r 1 S. 1998 The chare a w4sided In this Chen" Order are to M aeeosPOehad In becordante sMp IAa terrrle, gIpWQ1era art conditlone of the orlpinel Centrad ere Ogrgh Inclai M tlaIMR. l Accepted for Controclor by Date I l I Recommended for Apse oval By ( W t2rrpirra M Inc) Dela I l L A Approved 1p OvMrw W Abap Ooze DladDuuea. I_IO.W L__JCOWaIN L—JDWA L—J►wa L—Wthe, rOIM m rma.7 rv+. r s oa rq Tr IQ• o reran C."410, user tme e41—aa ev , S / C :-I rc.Ir- c• Exhibit A Change Order No. 9 Wastewater Treatment Plant Expansion Monticello, MN i. Docuum t 00300, Article 3.1 and 3.2, dated December 18.19% between the City of Monticello, MN, OWNER, and AdoMon & Peterson, CONTRACTOR, is amended as follows: A. Article 3. l: 1. The i wan completion date for TK3200 and TK3300 dull be changed to February 1, 1998. 2. The interim completion date for the Administration Building aW be January 13, 1998. 3. The interim completion date for the conviction of work on TK41DOE, TK4200E and TK4300E and the related cldorinaGoddechlorination egtriprmu, piping and appurtenances for a complete operating system shall be March 1, 1998. B. Article 3.2: 1. The contract language da be amended as follows: " Acocedingty, insle of reWhing any such proof OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR stall pay the OWNER Five Hundred Dollars ($300) for each day that expire after the time specked in paragraph 3.1 for die Jam ary 15,1998, February 1, 1998, Manic 1, 1998 and April 1, 1998 Substantial Coniplction date until the Wook B substantially complete." 2 Section 01010 -Summary of Work, 1.03 Work Sequence, shall be amended as follows: A. Completion date for TK3200 std TK3300 dull be Banged to Fehruary 1, 1998. B. Coinplctiou of the Adroiaiatraticn Building shall be Fcbmuy 1, 1998. C. Congilction of work an TK4100F, TK4200E artd TK4300E and the related chloriruitioNdechlorination equipment, piping and oppatauoccs for a complete operating system dull be March I, 1998. F� -'!RC FINANCIAL SYSTEM 14- !/05/97 10:51:43 Report Selection: CITY OF MONTICELLO Schedule of Bills GL050S-VO4.30 COVERPAGE GL540R RUN GROUP... M1130D COMMENT... 11/30 MANUAL CKS DATA -JE -l0 DATA COMMENT M--11301997-245 NOVEMBER MANUAL CKS Run instructions: Jobe Banner Copies Form Printer Hold Space LPI Lines CPI J O1 Y S 6 066 10 r ?4C FINANCIAL SYSTEM CITY OF MONTICELLO v 05/97 10:51:49 Schedule of Bills GL540R-VO4.30 PAGE VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND 6 ACCOUNT CLAIN INVOICE P0O F/P ID LINE CEDAR ST. GARDEN CENTER GIFT CERTIFICATE -EXPO 97 150.00 MISC OTHER EXPENSE 224.46102.4399 245 00011 LEAGUE OF MINNESOTA CIT: RICK -97 ADOPTION COIF 10.00 CONFERENCE 6 SCHOOLS 101.41301.3320 215 OOD12 MAROVETTE BANK MOMTICELL WIRE TO IM FUND 1,000,000.00 INVESTMENTS 955.10401 215 00021 MESSERLI 6 KRAMER. PA GARNISHMENT -R SWEENEY 242.12 GARNISHMENT PAYABLE 101.21709 215 00009 MN BANKERS ASSOCIATION ONFERENCE REG-OLLIE 125.00 CONFERENCE 6 SCHOOLS 101.16501.3320 245 00025 KN BUILDING OFFICIAL BI MONTHLY MEETING 15.00 CONFERENCE 6 SCHOOLS 101.42401 .3320 145 00002 RN DEPART OF NATURAL RES WATERCRAFT TITLE II.CO ORR PAYABLE 101.20811 215 00003 4ATERCRAFT REG 20.00 DNR PAYABLE 101.20111 215 00004 10WMOBILE REO 1,529.00 MR PAYABLE 101.20811 215 DODDS ATV REG 121.00 MR PAYABLE 101.20811 245 00006 OFF ROAD REO 30.00 DNR PAYABLE 101.20811 215 00007 WATERCRAFT TITLE 296.00 DNR PAYABLE 101.20811 245 00013 WATERCRAFT REG 62.00 DNR PAYABLE 101.20811 215 00014 SNOWMOBILE REO 710.00 OMR PAYABLE 101.20811 215 00015 ATV REO 51.00 DNR PAYABLE 101.20811 215 00016 SNOWMOBILE REG 2,461.00 DNR PAYABLE 101.20111 215 00022 ATV REO 131.00 ONR PAYABLE 101.20811 245 00023 WATERCRAFT TITLE 32.00 ORR PAYABLE 101.20811 215 00030 SNOWMOBILE REG 1,551.00 INR PAYABLE 101.20811 215 00031 7,111.00 -VENDOR TOTAL RONTICELLO BIG LAKE AN SHELTER VOID 211.91CR RISC PROFESSIONAL SERVIC 101.42701.3199 215 00028 14ONTICELLO SL PET HOSP AN SHELTER IACX 1)1.91 RISC PROFESSIONAL SERVIC 101.12701.3199 215 00029 NORTHLAND ELECTRIC SUPPL WATER RECAI UNITS 521.22CR REPAIR 6 RTC OTHER 501.40440.4099 245 00091 RELIANCE DATA CORPORATIO STREETS VOID 123.29CR SMALL TOOLS 6 EOUIPMENT 101.43120.2410 245 00032 i YARD KNUTSON. INC. rINAL $0,111.31 CONTRACTS PAYABLE 147.20601 215 00017 FINAL 52,612.11 PROF SRV CONSTRUCTION 111.19201.)025 245 OOOls RIVER ST SEVER 11,110.06 CONTRACTS PAYABLE 419.20601 215 00019 RIVER ST SEWER 3,216.97 PROF SRV - CONSTRUCTION 119.19201.3025 245 00020 ,oeC FINANCIAL SYSTEM 05/97 10:51:19 Schedule of Bills 14, VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND 6 ACCOUNT RICHARD KNUTSON, INC. 126,178.68 -VENDOR TOTAL RIVER INN STEAK HOUSE BRIDGEVIEW PLAT -MEETING 171.50 CONFERENCE 6 SCHOOLS 101.11910.3320 ROAD MACHINERY b SUPPLIE STREETS -FANS 123.29 SMALL TOOLS 6 EOUIPMENT 101.13120.2110 RON'S GOURMET ICE ICE -VOID CK 165.1OCR RISC TAXABLE 609.49750.2540 SENSIBLE LAND USE COALIT CONFERENCE 25.00 CONFERENCE 6 SCHOOLS 101.41910.3320 SUBWAY CC MEETING 35.53 RISC OTHER EXPENSE 101.41110.4399 TELEPRODUCTS CORPORATION REPAIR 6 RECAL UNITS 521.22 REPAIR i NTC - OTHER 601.19110.1099 VELERS DIRECTORY SERV LIOUO2-ADVERTISING 208.00 ADVERTISING 609.49754.3499 U.S. POSTRASTER RAILING FEE -1ST CLASS 85.00 POSTAGE 101.41301.3220 CITY OF 14DNTICELLO GL540R-VO4.30 PAGE 2 CLAIN INVOICE POS F/P ID LINE IFI•M 245 00035 245 00033 145 00021 245 00025 245 DD024 245 00008 6 245 00010 145 00034 RRC FINANCIAL SYSTEM 1 05/97 10:51:49 VENDOR NAME DESCRIPTION REPORT TOTALS: Schedule of Bills AMOUNT. ACCOUNT NAME FUND 6 ACCOUNT .RECORDS PRINTED - 000035 CITY OF MONTICELLO GL54OR-V01.30 PAGE 3 CLAIM INVOICE POO F/P 1D LINE ?oC FINANCIAL SYSTEM '05/97 10:52:11 Schedule of Bills FUND RECAP: FUND DESCRIPTION 01MRSENENTS 101 GENERAL FUND 7,887.15 224 SHADE TREE FUND 150.00 447 96-02C BRIAR OAKES 2ND 111,120.75 449 96-06C RIVER ST TRK SAN SEN 14,457.93 601 NATER FUND 609 IWNIC!PAL LIOUOR FUND 42.30 955 INVESTMENT HOLDING FUND 1,000.000.00 TOTAL ALL FUNDS 1,134,251.13 BANK RECAP: BANK NAVE DISBURSEMENTS ---- --------------------------- " . GENERAL CHECKING 1,131,215.83 LIOR LIOUOR CHECKING 42.30 TOTAL ALL BAVKS 1,134,258.13 THE PRECEDING LIST OF BILLS PAYABLE WAS REVIENEO AND APPROVED FOR PAYMENT. DATE ............ APPROVED BY ................................. CITY OF MONTICELLO GL060S-VO4.30 RECAPPAGE GL540R FQ BRC FINANCIAL SYSTEM `/04/97 11:55:41 V Report Selection: CITY OF MONTICELLO Schedule of Bills GL050S-VO4.30 COVERPAGE CL540R RUN GROUP... D1204 COMMENT... 12/04 CKS DATA -JE -IO DATA COMMENT D-12041997-256 12/04 CKS Run Instructions: !obq Banner Copier Form Printer Hold Space LPI Lines CPI J 01 Y S 6 066 10 BRC FINANCIAL SYSTEM CITY OF MO'ITICELLO ^/01/97 11:55:49 Schedule of Bills GL54OR-YO4.30 PAGE v VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND 6 ACCOUNT CLAIM INVOICE POO F/P 10 LINE A T 6 T WIRELESS SERVICE RICK 11.31 TELEPHONE 101.41301.3210 CELLULAR 156 00011 JEFF 35.36 TELEPHONE 101.11910.3210 CELLULAR 256 00012 GARY 25.87 TELEPHONE 101.42401.3210 CELLULAR 156 00013 72.54 -VENDOR TOTAL ALBINSON, INC. PN/1NSP-OP SUPPLIES 39.37 MISC OPERATING SUPPLIES 101.43115.2199 662493 ?56 00014 AMERICAN PAGING OF MINNE JOHN M & RICH C 28.38 TELEPHONE 601.49440.3210 PAGERS ?56 00003 MATT 32.21 TELEPHONE 602.19190.3210 PAGERS 256 00004 PATTY 116.11 TELEPHONE 101.42701.3210 PAGERS 256 00005 JOHN S 14.19 TELEPHONE 101 .43110.3210 PAGERS 256 00006 GARY A 14.19 TELEPHONE 101.12101.3210 PAGERS 256 00007 JOHN L 14.19 TELEPHONE 101 .452'01.32210 PAGERS 256 00008 TOM B 14.19 TELEPHONE 101.43115.3210 PAGERS 156 00009 ROGER I1. 19 TELEPHONE 101.43120.3210 PAGERS 156 00010 277.68 *VENDOR TOTAL 8 6 0 PLUMBING 6 HEATING °P REG FILTERS 121.12 M1SC OPERATING SUPPLIES 101.11990.?199 ?56 00015 jEP REG -LABOR 75.00 REPAIR 6 MTC - MACH 8 EO 101.41990.4044 20665, 20870 256 00015 199.72 'VENDOR TOTAL BARBAROSSA & SONS, INC. KLEIN FARMS 4 473,159.57 PROF SRV CONSTRUCTION 458./9201.3025 81 256 00001 SEWER -MH COYERS 460.011 Shill TOOLS 6 EOUIPMENI 602.19490.2410 PO 12887 256 00002 173,919.65 'VENDOR TOTAL BERNICK'S PEPSI COLA COM BEER 869.60 BEER 600.49750.2520 256 00023 RISC TAXABLE 17.50 RISC TAXABLE 609.49750.2540 256 00024 917.10 'VENDOR TOTAL EURLINGION NORTHERN RAIL RATER PERMIT 50.00 LICENSES 6 PERMITS 602.49490.13T0 256 00010 BUSINESS RECORDS CORPORA FINANCE FORMS 643.15 PRINTED FORMS 6 PAPER 101.41520.2030 256 00017 CARLSON/ROGER IDC DANOUET REIRB 75.00 RISC OTHER EXPENSE 250.46501.1390 256 00020 CENTRAL MINN INITIATIVE CMIF GRANT REIMS 1,10D.21 GRANT REIMEURSEMENI 223.46501.66D1 256 00021 V LAL MINNESOTA CONCRE ACCIDENT HYDRANT 325.00 EQUIPMENT REPAIR PARTS 101.43125.?210 256 00019 "r. FINANCIAL SYSTEM CITY OF MONTICELLO 34/97 11:55:49 Schedule of Bills GL510R-VO4.30 PAGE VENDOR NAXE DESCRIPTION AMOUNT ACCOUNT NAME FUND 6 ACCOUNT CLAIM INVOICE PO F/P ID LINE CENTURY LABS SHOP -SUPPLIES 99.27 MISC OPERATING SUPPLIES 101.43127.2199 109334 256 00022 CLAYBAUGH PRESERVATION EDA -WORKSHOP 1,000.00 MISC PROFESSIONAL SERVIC 250.46501.3 199 86 00025 DAHLHEIMER DISTRIBUTING BEER 8,546.11 BEER 609.49750.2520 256 00026 NON ALCHOLIC 218.15 1415C TAXABLE 609.49750.2540 256 00021 8,161.26 'VENDOR TOTAL BAY DISTRIBUTING COMPANY BEER 211.DO BEER 609.49750.2520 256 00028 ELK RIVER BITUMINOUS INC STREETS -AC FINES 53.25 MISC OPERATING SUPPLIES 101.43120.2199 256 000:9 ELK RIVER CONCRETE PROOU NATER- CULVERT EXT 339.74 MI SC PROFESSIONAL SERVIC 601.49440. 3199 132,246 256 00030 "^ERAL EXPRESS .FUSE-FREICHI 29.25 NISC REPAIR 6 MTC SUPPLI 101.13230.2299 256 00031 FLAHERTY'$ HAPPY TIME CO RISC TAXABLE 100.80 MISC TAXABLE 609.49750.2540 256 COD32 FRONTLINE PLUS FIRE 6 RE FIRE GOGGLES 6 BOOTS 138.02 CLOTHING SUPPLIES 101.122D1.2111 256 00033 FYLES EXCAVATING 6 HONEY STREETS GRANITE N 3RD 400.00 STREET MAINTENANCE MATER 101.43120.2210 7053 256 00035 AN SHELTER GRADING, ETC 1,125.00 BUILDINGS 101.42701.5201 7856 256 00034 1,525.00 'VENDOR TOTAL GLEASON PRINTING, INC. BIDS INSP NOTICES 125.00 PRINTED FORMS 6 PAPER 101.4 2401.2030 256 00036 CRIGGS, COOPER 6 COMPANY FREIGHT 80.00 FREICHT 609.49750.333D 256 OC337 LIQUOR 7,455.05 LIQUOR 609.19150.2510 255 00730 7,513.85 'VENDOR T0TAL CROSSLEIN BEVERAGE INC. BEER 6,539.35 LEER 609.10150.2520 256 00037 MISC TAXABLE 100.35 MISC TAXABLE 609.49150.2540 255 O0040 6,639.70 'VEND09 TOTAL '4 6 L MESABI STREETS 6 LWOW PLOWS 102.90 SMALL IDOLS 6 EQUIPMENT ID1.43120.2410 35739 256 00011 BRC FINANCIAL SYSTEM. '/01/91 11:55:49 VENDOR NAME DESCRIPTION HAMCO DATA PRODUCTS LIOUOR-OFFICE SUPPLIES HAWKINS NATER TREATMENT NATER-1/POTABLE HERMES/GERALD 1 LIBRARY -CLEANING HOGLUND BUS COMPANY STREETS -EQUIP REPAIR PRT HOGLUND COACH LINES LTD BUS CONTRACT HOISINGTON KOEGLER GROUP NATL GUARD HOLIDAY CREDIT OFFICE FIRE -MOTOR FUEL YSON BROS WHOLESALE L rRE!GHT LIQUOR WINE BEER JULIE HEINRICHS REFUND OVRPNI DELO UTILS HEN'S 66 SERVICE INSP VEHICLE KENNEDY 6 GRAVEN HRA GEN ARMORY LEGAL SERV TIF 1 22 KLM ENOINEERINO INC LA'TP PAINTING LITTLE FALLS MACHINE INC ICE 6 SNOW ROTOR .,." WEESE CONSTRUCTION ,-, .I' REG THEM INSTALTN Schedule of Bills AMOUNT ACCOUNT NAME FUND 6 ACCOUNT 80.31 MISC OPERATING SUPPLIES 609.49754.:199 36.DO MISC PROFESSIONAL SERVIC 601.4944 0.3199 117.50 PROF SRV - CUSTODIAL 21 1.45501.3110 265.18 EQUIPMENT REPAIR PARTS 101.43120.::10 4,620.93 PROF SYR - HEARTLAND BUS 610.49801.3060 2,000.00 MISC PROFESSIONAL SERVIC 101.41910.3199 179.24 MOTOR FUELS 101.12201.:120 112.25 FREIGHT 609.49750.3330 2,164.80 LIQUOR 609 .49750.11510 4,104.01 WINE 600.19150.2530 137.70 BEER 609.4 9750.115,10 7,118.76 'VENDOR TOTAL 48.35 REFUNDS/REINBURSEKENTS 101.36290 71.02 REPAIR 4 MTC VEHICLES 10 1.424 0 1,4050 1CO.50 PROF SAY LEGAL FEES 213.46301.3040 1,048.70 MISC PROFESSIONAL SERVIC 101,11910,1199 97.30 PROF SRV LEGAL FEES 213.16522.3040 1,:46.50 'VENDOR TOTAL 5.697.50 MISC PROFESSIONAL SERVIC 435.49:01.3109 W.04 EQUIPMEN' REPAIR PARTS 101.13125.2210 1,278.55 REPAIR 6 MIC MACH 6 EO 10 1.41 000.1044 CITY OF MONTICELLO GL540R-VOA.30 PAGE CLAIM INVOICE 11431 12/1 TO 12/15 335599, 335508 NOVEMBER PLANNING SERV I. 41 P01 F/P ID LINE 256 0004: °a: FINANCIAL SYSTEM CITY OF MONTICELLO I-N, 34/97 11:55:49 Schedule of B111e GLSAOR-VO4.30 PAGE A VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND 6 ACCOUNT CLAIM INVOICE PO! F/P ID LINE MIDWEST VISION DISTRIBUT STREETS-GLASSES 42.60 CLOTHING SUPPLIES 101.43120.2111 43509 256 00059 MN DEPT OF TRADE 6 ECON SCERG GRANT REIMB 2,113.45 GRANT REIMS - AROPLAX 222.46501.6602 256 00058 KN/STATE OF WWTP EXEMPT CERT 40.OD LICENSES 6 PERMITS 502.49410.4370 256 00123 MONTICELLO CHAMBER OF CO IDC BANQUE7 TICKETS (5) 375.00 RISC OTHER EXPENSE 250.46501.4399 256 00060 MONTICELLO SENIOR CITIEE CONTRACT 2.833.33 SENIOR CENTER CONTRIBUTI 101.45175.3136 JANUARY 256 00061 NET SOURCE CH-COPY PAPER 162.41 RISC OFFICE SUPPLIES 101.11301.2099 6115 256 00052 NORTHERN STATES POWER CO NATER 631.20 ELECTRIC 601.19410.3810 256 00063 1 SEWER 61.38 ELECTRIC 602.49490.3810 255 00061 ;REET LIGHTS 431.86 ELECTRIC 101.43150.3810 256 00065 PARKS 165.65 ELECTRIC 101.45201.3810 256 00066 CIVIL DEFENSE 6.28 ELECTRIC 101.42501.3810 255 00057 SHOP/GARAGE 585.54 ELECTRIC 101.43127.3810 255 00068 FIRE DEPART 306.75 ELECTRIC 101.42207.3810 256 00069 LIBRARY 559.68 ELECTRIC 211.45501.3110 255 00070 CH 61S.i9 ELECTRIC 101.41010.3810 256 00071 AN SHELTER 329.57 ELECTRIC 101.12701.3810 256 00012 3,773.10 -VENDOR TOTAL NORTHERN WATER WORKS SUP WATER-BARKERS 687.66 UIILIIY SYSTER NICE SUPP 601.49110.2270 176657 256 00073 OLSON, USSET 6 WEINGARDE HWY 25 PROJ 523.60 PROF SRV - LEGAL FEES 450.19201.3040 256 00074 KJELLBERO 739.50 PROF SRV - LEGAL FEES 101.11601.3010 256 00075 COXv. CTR 119.00 PROF SRV - LEGAL FEES 101.41601.3040 256 00076 RISC OTHER 1,407.00 PROF SRV - LEGAL FEES 101.41601.3040 256 00071 ANNEXA71ON $10.00 PROF SRV LEGAL FEES 101.41601.3040 256 00078 3,299.30 $VENDOR TOTAL PAUSIIS 1 SONS WINE 797.25 WINE 609.49750.2530 256 00079 PHILLIPS WINE 8 SPIRITS REIGHT 111.81 FREIGHT 601.41750.3330 256 00080 LIQUOR 1,015.67 LIQUOR 609.49750.2510 256 00081 WINE 3,366.32 MINE 600.49750.2510 256 00082 10,521.80 6VENDOR TOTAL 8RC FINANCIAL SYSTEM CITY OF MONTICELLO '/01/91 11:55:19 Schedule of Bills GL54OR-V01.30 PAGE 5 v VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND 6 ACCOUNT CLAIM INVOICE POS F/P ID LINE PINNACLE DISTRIBUTING TAX RISC 586.21 RISC TAXABLE 609.19150.2510 256 00083 PIONEER RESEARCH CORPORA SHOP -OP SUPPLIES 228.86 MISC OPERATING SUPPLIES 101.13127.2199 51121/11 256 00121 LIQUOR -SUPPLIES 32.87 MISC NON TAXABLE 609.19150.2550 51127562 256 00122 261.73 'VENDOR TOTAL QUALITY MINE 6 SPIRITS C L1QUDR 1,186.51 LIQUOR 609.10750.2510 256 00088 MINE 530.25 MINE 609.19750.2530 256 00089 2,016.19 'VENDOR TOTAL SAFETY-KLEEN CORP. SHOD -REPAIR i MAINZ 79.88 REPAIR 6 MTC - RACK 6 EO 101,13121.1011 231579 256 00090 SCHLUEINDER CONSTRUCTION MMTP-GRAVEL FIELD ACCESS 000.00 RISC OPERATING SUPPLIES 602.19180.2199 2626 256 00091 SIMPSON/CYNTHIA R FIRE HALL CLEANING $0.00 PROF SRV - CUSTODIAL 101.12201.3110 NOVEMBER 256 00092 `r. CLOUD RESTAURANT SUP RISC TAXABLE 250.16 RISC TAXABLE 609.19750.2510 256 00093 MISC OP SUPPLIES 150.11 RISC OPERATING SUPPLIES 609.19751.2191 256 00094 100.30 $VENDOR TOTAL IDS TELECOM PARKS 129.11 TELEPHONE 101.15201.3210 256 00095 CH 1,112.15 TELEPHONE 101.11701.3210 255 00096 FIRE DEPT 52.30 TELEPHONE 101.12201.3210 256 00097 AN SMELTER 71.16 TELEPHONE 101.42701.32 10 256 00098 MATER 0.33 TELEPHONE 601.19110.3210 256 00099 PM 130.27 TELEPHONE 101.43110. 3210 255 00100 DEP REG 111.11 TELEPHONE 101.41090.32 10 256 00101 PM INSP 10.20 TELEPHONE 101.43115.3210 256 00102 COMPUTER 0.00 TELEPHONE 101.11020.3210 256 00103 LIQUOR STORE 185.12 TELEPHONE 609.19751.3210 256 00101 2,511.11 $VENDOR TOTAL THE KAHLER HOTEL PARIIS CONFERENCE 531.30 CONFERENCE 6 SCHOOLS 101.15201.3320 256 00051 THORPE DISTRIBUTING COMP BEER 6.688.10 BEER 609.19750.2520 256 00105 RISC TAXABLE 109.10 RISC TAXABLE 509.19ISO. 2510 256 00105 1,705.10 'VENDOR TOTAL r TOTAL REGISTER SYSTEMS, REPAIR PRINTER 251.61 REPAIR 6 MTC - MACH 6 EO 609.19151.1011 4815 256 DOW ?4C FINANCIAL SYSTEM 04/97 11:55:69 VENDOR NAME DESCRIPTION U S LINK CH FIRE DEPT AN SHELTER NATER PN SEP REG LIQUOR VIKING COCA COLA TAXABLE NISC CH WATSON COMPANY. INC/THE GEN OP TAXABLE RISC FREIGHT JHT COUNTY AUDITOR -TR SCERG GRANT REINS CITY OF MONTICELLO Schedule of Bills GL540R-V01.30 PAGE 6 AMOUNT ACCOUNT NAME FUND 6 ACCOUNT CLAIM INVOICE POD F/P ID LINE 79.64 TELEPHONE 101.61301.3210 1.19 TELEPHONE 101.42201.3210 3.39 TELEPHONE 101.42701.3210 0.40 TELEPHONE 601.49110.3210 3.13 TELEPHONE 101.43110.3210 6.97 TELEPHONE 101.41990.3210 9.98 TELEPHONE 609.49758. 3210 104.70 'VENDOR TOTAL 381.80 RISC TAXABLE 609.49750.2540 39.19 RISC OTHER EXPENSE 101.41940.4399 420.99 *VENDOR TOTAL 138.88 RISC OPERATING SUPPLIES 609.49754.2199 661.30 RISC TAXABLE 609.49150.2540 0.70 FREIGHT 609.19150.3330 800.88 *VENDOR TOTAL 2.760.51 GRANT REIMBURSEMENT 222.16501.6601 256 00108 256 00109 256 00110 256 00111 256 00112 256 00113 256 00114 255 60115 POP 255 00116 255 00117 255 00116 256 00119 256 00120 BRC FINANCIAL SYSTEM /01/91 11:55:19 VENDOR NAME DESCRIPTION REPORT TOTALS: Schedule of 0111a AMOUNT ACCOUNT NAME FUND i ACCOUNT 512,036.9E RECORDS PRINTED - 000123 CITY OF MONTICELLO GL5IOR-VO1.3D PAGE T CLAIM INVOICE POI F/P 10 LINE J'C FINANCIAL SYSTEM 04/97 11:56:39 Schedule of Bills FUND RECAP: FUND DESCRIPTION DISBURSEMENTS 101 GENERAL FUND 21,451.11 211 LIBRARY FUND 797.18 213 HRA FUND 197.80 222 SCERG (ECON RECOVERY GRANT) 5,243.95 223 CMIF (CENT 0 INIT FUND) 1,100.21 250 ECONOMIC DEVELOPMENT AUTM FO 1,450.00 436 93-14C WNTP EXPANSION PRJ 5,697.50 450 26-04C HNY251=DOT IMPR 523.80 458 97-0IC KLEIN FARMS PHASE 2 473,459.57 601 NATER FUND 1,732.71 602 SEWER FUND 1,543.70 609 MUNICIPAL LIQUOR FUND $4,218.51 610 TRANSPORTATION FUND 4,620.93 TOTAL ALL FUNDS 572,036.98 r BANK RECAP: BANK NAME DISBURSEMENTS GEHL GENERAL CNICKINO 511,818.47 LIOR LIQUOR CHECKING 54,218.51 TOTAL ALL BANKS $72,035.98 THE PRECEDING LIST OF BILLS PAYABLE WAS REVIEWED AND APPROVED FOR PAYMENT. DATE ............ APPROVED BY ................................. CITY OF MONTICELLO GLO60S-VO4.30 RECAPPAGE OL54OR I CITY COUNCEL UPDATE J from Mayor Bill Fair n uusa+uao. IZw7 December 4, 1997 CKY M ZKII11alli 4 if F;\ 1:l1)Zw;13 01iZI w , i 0420 1_1 Council Momber Clint Herbst Commiasiona MCP Police Commission Brian Stumpf Parks Commission Library Board Roger Carlson Planning Commission Community Education Bruce Thielen HRA National Guard Task Force Bill Fair IDC OAA National Guard Task Force CITY COUNCEL UPDATE December 4, 1997 Two public information meetings are scheduled for next week. One involves the "southwest" area, and the other involves transportation system improvements along CSAH 76 between Highway 25 and I-94. Regarding the southwest area, City staff will be presenting land use and transportation system concepts for the area southwest of 1.94/Highway 25. The information will include a proposed Chelsea Road alignment between Highway 25 and West County Road 39. In addition, specific concepts identifying land use designations will be presented for comment. The concepts will be presented at an "open house" format starting at 5 p.m. on Wednesday, December 10. The comments will be incorporated into design work for future presentation to the Planning Commission. I invite all Council members to stop in to review the concepts. 2. A discussion of road system improvements to CSAH 76, Washington Street, and County Road 118 will occur at 4 p.m. on Monday, December 8. All of the property owners in the vicinity have been notified of this meeting. The purpose of the meeting is to outline possible improvements stemming from 1) Hospital District access changes; 2) St. Henry's Church/7th Street improvements; 3) County Road 118/I-94 interchange; and 4) Traffic quieting/boulevard improvements relating to the MCP/Comprehensive Plan. oueMtoe UPO I214i97 COUNCIL UPDATE MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY By Odie Koropchak At the HRA meeting of December 3, 1997, the HRA authorized Ehlers & Associate (financial consultants) and Kennedy & Graven (legal consuhams) to further explore the request for TIF assistance for redevelopment of the Monticello Mall. The motion was subject to receiving $5,000 upfront monies from the redeveloper/owner Bary Fhuth. Owner Fhuth proposes to demolish the existing mall structure and construct a 70,000 sq ft facility. Cub Foods is proposed to lease 65,000 sq ft. The remaining 5,000 sq ft to be used for other retail use. The owner has requested $600,000 in TIF assistance for costs associated with demolition, relocation of tenants, and site improvements. With the assistance of the consultants, the HRA can begin to negotiate the terms and conditions of the Private Redevelopment Comma between the HRA and Mr. Fhuth. After Council approval of Redevelopment TIF District No. 1-22 in early 1997, the HRA began focusing on redevelopment of the south and north anchors of Walnut Street. The District was established as a means to implement the MCP Downtown/Riverfront Revitalization Plan. The HRA plans to split the tax baaement: 501/o to assist with costs associated with the redevelopment of the mall and 50% for other downtown revitalization projects. Project Facilitator Brad Johnson worked with two other grocers prior to the letter of intent with Cub Foods. They were Maus and Coborns. The owner plans to begin construction in March for a completion date of October 1998. It is hoped negotiations between the HRA and Mr. Fluth will be completed by early January. At the November meeting, the [IRA authorized an appraisal of Outlot A. Country Chub Manor, and requested the submittal of RFPs for development of the property. The HRA plans to suggest a disposition price for City Council consideration. The RFPs are due back on December 12. COUNCEL UPDATE December 5, 1897 .• . • •. � iTT.�K'STAT:1a•1"fR�fl�T."•FiY:T•.J•.rtRT�`!�� �.� i�1R*!T." ::� A couple of months ago, WSB was authorized to conduct a traffic study along School Boulevard that would entail reviewing traffic movements and volumes along School Boulevard from Highway 25 to County Road 118. The purpose of the study was to gather enough information to determine where and if additional stop signs are needed, to analyze traffic movements, and to ultimately make a recommendation on whether School Boulevard should have additional stop signs or whether it should be established as a through street. Chuck Rickert of WSB has available some preliminary data that will be presented to the Council. The final document along with recommendations will be provided at a later date; but if time allows, I believe Mr. Rickert would like to briefly review the information they have obtained to date with the Council. 6CHLBLVD UPD I I?W7 Ooc-05-97 03:08P ® 350 Westwood Lake Office 8441 Wayzata Boulevard iS B Minneapolis. MN 55426 612.541-4800 &Associates, Inc. FAX 541-1700 7o: Mr. Je fj'O'Neils, Assistant Chy Administrator City oJMon icello� p / From: Charles Riekarr (JC Bret A. Weiss, AE. City Enginee15—k Date: December 4. 1997 Re: School Boulevard rrq&Sts* update WSB Project No. 1093.00 P.02 B.A. P+- 11— A. Wci� U- v— IL un 1u may. P.r,- 1>'-Id u•. s nu.. P.r.. R—Ad H. a ... P.r. Memorandum The purpose of this memorandum is to update you on the status of the School Boulevard traffic study. The study has been slightly delayed due to the construction of the Klein Farms 4t° Addition project. This project included the temporary closure at Fallon Avenue which changed the traffic patterns in that intersection. Following is the status of critical tasks associated with the study: 1. Data collection: All data has been collected, including: • Daily traffic counts on Fallon Avenue, north and south of School Boulevard; Oakwood Drive, north and south of School Boulevard; arid, three locations on School Boulevard. • 'Fuming movement counts on School Boulevard at Oakwood Drive and School Boulevard at Fallon Avenue. These counts included pedestrian movements. • Traffic speed on School Boulevard. • Vehicle classification on School Boulevard. • Accident Data. • Roadway characteristics inventory. • Pedestrian counts. 2. Traffic Analysis: The traffic analysis is proceeding and will be completed within the next week. The analysis includes: • Atudysis of roadway opacity for School Boulevard. Fallon Avenue, and Oakwood (hive. • Analysis of intersection capacity on School Boulevard at Oakwood Drive and School Boulevard at Fallon Avenue. Ixfrustrurturr Exgimerrs Ptuxxers cvvu oftror r Nl 11 Lwrnm a Doc -05-97 03:06P • Analysis of two-way stop sign control on School Boulevard at Oakwood Dive and School Boulevard at Fallon Avenue. • Speed study. vehicle classifications splits. • Recommendation on four-way stop signs, pedestrian crossings along collcctor roads. • Accident analysis. • Traffic signing analysis. Report Preparation: The preparation of the report is approximately 80% complete and will be completed for the City's initial review within the next week. Following receipt of continents the report will be finalized and presented to the City Council for the January 12' meeting. If you have any questions or need any additional information on the status of the study please give me a call. P.03