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City Council Agenda Packet 07-25-2005 . . AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday July 25, 2005 - 7 p.m. SPECIAL MEETING - JULY 25, 2005 AT 5 P.M. - REVIEW OF TRUNK FEES Mayor: Clint Herbst Council Members: Glen Posusta. Wayne Mayer. Tom Perrault and Brian Stumpf I. Call to Order and Pledgc of Allegiance. Approve minutes of Julv 11. 2005 regular Council meeting. . + ; r . .,...- ScJ.. t': ~p.- "'" ~ /e,.oJ , "- Consideration of adding items to the agenda.~ 'R.~ Ilrr p~ ~ '-> Citizen comments, petitions. requests and complaints. 2. 3. 4. 5. Consent agenda. A. (~GD 'r/'V ~G Consideration of new hires and departure. Consideration of approving agreement with BNSF for signal system intcrconnect wires along CSAH 18. c. Consideration to approve a resolution calling for a public hearing by the City Council on the proposed adoption of a modification to the Rcdevelopment Plan for Central Monticello Redevelopment Project No.1 and the proposed establishment ofTIF District No. 1-35 therein and the adoption ofa TIF Plan therefore. Applicant: Masters Fifth Avenue Inc. D. Consideration to approve a resolution calling for a public hearing by the City Council on the proposed adoption of a modification to the Redevelopmcnt Plan for Central Monticello Redevelopment Project No.1 and the proposed establishment of TIF Dist4rict No. 1-36 therein and the adoption of a TIF Plan therefore. Applicant: Rocky Mountain Group. LLC. Consideration of adopting a resolution annexing into the City that property that comprises the proposed Monti Villas development. F. Consideration of approval of final plat of Featherstone Second Addition. G. Authorize preparation of feasibility study to extend utilities to Hiddcn Forest and Sunset Ridge Development. -~ Agenda Monticello City Council July 25,2005 Page 2 . 6. Consideration of items removed from consent agenda for discussion. 7. Continued public hearing to consider to adopt a resolution for modification to the Redevelopment Plan including the boundary lines for Central Monticello Redevelopment Project No. I and the proposed establishment of a TIF District No. 1-34 therein and adopting a TIF Plan therefore. Applicant: City of Monticello. 8. Public Hearing and consideration of certifying delinquent utility accounts for 1st quarter 2005 to County Auditor. 9. 10. 11. 12. . 13. . Review of audit report for year ending December 31,2004. Consideration of awarding bids on 2005 bond sale. Consideration of approve of concept stage PUD for clinic expansion. Consideration of a request for a conditional use permit for a concept stage planned unit development for Monte Club villas, a 14. I 8 acre resident development consisting of 28 detached townhome units. Applicant: L&G, LLC. Consideration of appeal of denial of request for a variance and amendment to conditional use permit to allow additional pylon and wall signage at an automobile sales facility in a B-3 (Highway Business) District. Applicant: Monticello Motors-Denny Hecker. 14. Consideration of a request for a conditional use permit for a concept stage planned unit development for the Jefferson at Monticello development, an approximately 875 acre development consisting of approximately 2300 residential units over 515 acres, 328 acres of community property/open space and 32 acres of commercial development. Applicant: Heritage Development. 15. Consideration of options for pavers on School Boulevard at the entrance to Jefferson Commons. 16. Approve payment of bills for July 17. Adjourn L . . . MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday July 11,2005 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf Members Absent: None 1. Call to Order and Pled!!e of AlIe!!ianee. Mayor Hcrbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. Prior to the regular meeting, the City Council met in a closed session with legal counsel to discuss pending litigation. 2. Approve minutes of June 27. 2005 re!!ular Council meetin!!. Tom Perrault felt the language on Page 6 relating to advertising of the open positions before the Council had approved the positions should be reworded. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE JUNE 27, 2005 REGULAR COUNCIL MEETING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of add in!! items to the a!!enda. Brian Stumpf suggested that unless someone was present to speak on the Eagle Scout project it should be added to the consent agenda. He stated the workshop for reviewing trunk utility funding programs set for July 25,2005 at 5 p.m. be added to the consent agenda as item #51'vI. Jeff O'Neill added a tour of developments being arranged by Heritage Development. Clint Herbst added cemetery mowing to the agenda. 4. Citizen comments. petitions. reauests and complaints. Susie Wojchouski of the Chamber of Commerce came before the Council. She stated that in spite of all of the development taking place in the City very little work has trickled down to the local contractors, tradespeople and suppliers. She presented a list of local businesses that could be utilized by developers working in the Monticello area and asked that City staff supply this information to developers that develop in the city. Clint Herbst felt this was a good idea and that this information should be distributed to the developers along with other information that they receive from the City. Clint Herbst thanked everyone who worked on the Riverfest Celebration and complimented them on a successful celebration. ~ . . . Council Agenda - 7111105 5. Conscnt a!!cnda. A. Consideration of new hires and departures. Rccommcndation: Ratify hires and departures as identified. B. Consideration of approving plans and specifications and authorizing advertisement for bids for School Boulevard between Deegan Avenue and 90th Street Project ,,"0. 2005-2C. Recommcndation: Adopt resolution approving plans and specifications and authorizing advertisement for bids for School Boulevard between Deegan A venue and 90th Street, Project No. 2005-2C. C. Consideration of authorizing the hiring of Frank Madden and Associates to review personnel and labor relations matters for the City on an as-needed basis. Recommendation: Authorize staff to utilize the services of Frank Madden and Associates as needed to review personnel or labor relations issues. D. Consideration of approving plans and specifications and authorizing advertisement for bids for 7'h Street and Highland Way, Project No. 2004-2C. Recommendation: Adopt a resolution approving the plans, specifications and traffic signal justification report and authorize the advertisement for bids for the extension of 7th Street and Highland Way. E. Consideration of authorizing proceeding with bond sale to finance public improvement projects. Recommcndation: Adopt a resolution authorizing the bond sale. F. Consideration to approve entering into a quit claim deed transferring title ofthe city- owned Otter Creek Crossing property to the Housing and Redevelopment Authority. Recommendation: Approve entering into a quit claim deed transferring title of the city- owned Lot I, Block 2. Otter Creek Crossing to the Housing and Redevelopment Authority in and for the City of Monticello. G. Consideration of zoning ordinance amendment relating to filing procedures for formal applications for preliminary plat, conditional use permits, planned unit developments and variances and to amend the ordinance to define simple subdivisions and the application process related to simple subdivisions. Recommendation: Approve the proposed amendments as presented, based on a finding that the amendments will provide for increased etliciency in review, and expedited process for private applicants. H. Consideration of a request for a conditional use permit for a 840 square foot detached accessory structure in an R-I (Single-Family) District. Applicant: Barry Spiers. Rccommcndation: Approve the conditional use permit for Barry Spiers at 3623 Brcntwood Drive subject to the following: (a) The applicant meet each of the requirements of the zoning ordinance, including the 10% of rear yard and 1,500 square foot thresholds. and all applicable setbacks. This condition requires a reduction of 40 square feet from 2 1-\ . . . Council Agenda - 7/11/05 (b) the proposed garage. Landscape plantings are added to the sides and rear to soften the impact of the building on adjoining parcels. No driveway should be extended to the new accessory building. (c) I. Consideration of a request for a conditional use permit to allow a drive through pharmacy facility in the Central Community District. Applicant: Snyder Drug Stores, Inc. Recommendation: Approve the conditional use permit, based on findings that the facility will be consistent with the requirements and intent of the CCD District, with the conditions listed below: I. Work with City Engineer to ensure design of exit drive is right-turn only. 2. Reduce curb cut locations to a total of two or, replace grey concrete sidewalk with pavers to match CCD theme. 3. Work with Design Advisory Team to ensure consistency of signagc with CCD requirements. 4. Verify consistency of lighting fixtures with zoning ordinance. J. Consideration of ratifying two year renewal of union labor contract - Local 49. Recommendation: Approve the two year labor agreement IUOE Local 49 as outlined retroactive to April 1,2005. K. Consideration of approving contributions made to the City of Monticello. Recommendation: Adopt Resolution No. 2005-71 approving the contributions and authorize use of funds or payment to recipients as specified by donors. Wayne Mayer asked that items #5E, 5J and 5K be removed from the consent agenda. Tom Perrault requested that item #5C be removed from the consent agenda. GLEN POSUSTA MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOV AL OF ITEMS #5C, #5E, #5J AND #5K AND THE ADDITION OF #9 AS ITEM #5M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. 6. Consideration of items removed from consent al!.enda for discussion. #5C - Hiring of Frank Madden and Associates: Tom Perrault stated that there was not a lot of information provided especially as far as hourly rates and number of hours the City anticipated using this firm. City Administrator, Rick Wolfsteller indicated that on other billings from this firm the hourly rate was $115 and he assumed that it would be in this range but added that staff had not contacted Mr. Madden about his charges. Rick Wolfsteller stated the Madden firm would be used as needed and at this time they did not have specitic work proposed. TOM PERRAULT MOVED TO TABLE THIS ITEM UNTIL THE NEXT MEETING TO o .J 5 Council Agenda - 7/11/05 . ALLOW STAFF TO DETERMINE THE HOURLY RATES FRANK MADDEN & ASSOCIATES WOULD CHARGE THE CITY. Motion failed for lack ofa second. BRIAN STUMPF MOVED TO AUTHORIZE STAFF TO UTILIZE THE SERVICES OF FRANK MADDEN AND ASSOCIATES AS NEEDED TO REVIEW PERSONNEL OR LABOR RELATIONS ISSUES AND HAVE THE CITY ADMINISTRATOR CHECK INTO THE HOURL Y RATES FOR THE FIRM AND UPDATE THE COUNCIL BY MEMO OF THE RATES. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH TOM PERI0'\ULT VOTING IN OPPOSITION 5J: Renewal of two year union labor contract - Wayne Mayer stated the would like the Personnel Committee's thoughts on the two year contract. Rick Wolfsteller stated that the previous union contracts were all for two year periods. Wayne Mayer stated he was not so concerned about the length of the contract but the process that went into arriving at this contract. Clint Herbst reviewed the provisions of the agreement. It was noted that comparable worth requires that union and non-union employees be treated the same. Wayne Mayer questioned then what was the value of the union to the employees, if they are treated the same as non-union employees. . WAYNE MAYER MOVED TO APPROVE THE NEW TWO YEAR LABOR AGREEMENT WITH TUOE LOCAL 49 RETROACTIVE TO APRIL I. 2005. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5K: Contributions made to the City: Wayne Mayer stated he pulled this item because of one of the contributions. He questioned the City handling contributions that were designated for groups such as the community band. He suggested that contributions of that nature be channeled through the Monticello Arts Council rather than the City. He also commented on the time and effort to establish a paper trail to track small contributions. BRIAN STUMPF MOVED TO ADOPT THE RESOLUTION APPROVING THE CONTRIBUTIONS AND AUTHORIZING USE OF FUNDS OR PAYMENT TO RECIPIENTS AS SPECIFIED BY THE DONORS. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. City Administrator. Rick Wolfsteller noted that as the City receives additional donations, similar resolutions will be present to the Council in the future. . 5E: Bond Sale Authorization: Mark Ruff from Ehlers and Associates made a presentation on the proposed bond sale. He reviewed the pre-sale report with the Council pointing out that the proposed $25.940.000 in bonds covered ten different projects within the City. Mr. Ruff reviewed the various projects and the estimated cost of each project pointing out that one of the larger 4 G Council Agenda - 7/11/05 . projccts in those being financed was the CSAH 18/1-94 Interchange Project. Brian Stumpf asked why the County wasn't bonding for their portion of the project costs on the interchange project. Rick W olfsteller stated that the County did not have this project in their capital improvement program so thcy are willing to pay the cxtra cost to have the City bond for it. The County will pay back their share to the City at the same interest rate that the City bonds for. Mark Ruff stated that the City may do additional borrowing next year for items such as land acquisition costs which is not known at this time. Mark Rutl has met with the City Administrator, City Engineer and bond counsel and the consensus was to put all the projects into one bond issuc. Currently the City's bond rating is 2A and the City is considering purchasing insurance so that the bond rating could be brought up to a 3A rating. Mark Rutl stated that when a community has a large entity, such as Excel Energy making up a significant portion ofthc tax base, insurers are not comfortable with that. If the insurance companies okay it, the City would purchase the insurance. It is proposed to come back before the Council with the actual bond sale on July 25, 2004. . I'vIark RutT noted on page 4 of the pre-sale report the revenue sources that will pay for the bond issue were listed. There is a diversity in the sources ofrevenue, i.e., trunk funds, TIF revenue, and special assessments which is a good thing. He noted that the City will be paying $35,000,000 in debt service over the IS year term of the bond. The majority of the money is paid off in ten years. At the point where the tax levy needed to make the debt service payment increases, the commercial development should be in place and on the tax rolls. He added that although the bond issue is big, a relatively small amount of the debt service payment will be coming from tax levies. Mark Ruff asked the Council to adopt the resolution setting the bond sale and stated he would inform them of the bond rating for the City once he receives that information. Brian Stumpf asked if this bond issue had any impact on the City's other bonds. Existing bonds would not be impacted but what would be affected would the utility trunk fees since trunk fees are a funding source. Clint Herbst asked if the pre-sale report used existing trunk fees or anticipated increased fees. Glen Posusta stated that it was important for taxpayers to know that even though thc City is bonding for $26,000,000 only a small percentage is coming from the tax levy. Mark RutT statcd that the option to use cash reserves to reduce the amount of the bond issue was discusscd. It was decided not to use the cash reserve to reduce the bond issue amount but rather keep it in reserve in case development does not take place as rapidly in the first couple of years of the bond term. Mark Ruff expects the bonds to come in at a 4.5% interest rate. . BRIAN STUMPF MOVED TO ADOPT RESOLUTION N0.2005-72 AUTHORIZING THE BOND SALE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. 5 1 . . . Council Agenda - 7/11105 7. Public Hearin!!: - Vacation of draina!!:e and utility easements Outlots D. E. F. G and H of Carlisle Villa!!:e. JctTO'Neill explained that this was a housekeeping matter. Because of the amended plat of Carlisle Village the easements on the outlots of the old plat need to be vacated. New easements will be obtained with the new plats. Mayor Herbst opened the public hearing. No one present spoke for or against the proposed vacation. Mayor Herbst then closed the public hearing. BRIAN STUMPF MOVED TO ADOPT A RESOLUTIO:\l V ACA TING DRAINAGE AND UTILITY EASEMENTS FOR OUTLOTS D, E, F, G AND H IN THE PLAT OF CARLISLE VILLAGE SUBJECT TO: I) THE DEDICATED EASEMENTS PROPOSED IN THE PLAT OF CARLISLE VILLAGE SECOND ADDITION BEING REVIEWED AND APPROVED BY THE CITY ENGINEER PRIOR TO SIGNING OF THE HARDSHELLS; AND 2) THE PROPOSED PLAT OF CARLISLE VILLAGE FOURTH ADDITION CONTAINING REPLACEMENT EASEMENTS AS RECOMMENDED BY THE CITY ENGINEER AND PUBLIC WORKS DIRECTOR. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH WAYNE MAYOR VOTING IN OPPOSITION. 8. Consideration of aoorovin!!: orooosaI for an Ea!!:le Scout Proiect to install a floatin!!: dock at Ellison Park. Phil Simondet a resident of Big Lake and a student at Monticello came before the Council rcquesting approval of an project he is proposing to do for his Eagle Scout badgc. He is proposing to install a floating dock, 40'-44' in length off the boat ramp at Ellison Park. Phil Simondet prcsented a drawing ofthe dock proposed noting it will conform with DNR specifications and will be similar to docks at West Bridge Park and Montissippi Park. Clint Herbst asked why there was no dock railing on the northwest side. Phil Simondet responded that the Parks Commission approvcd the dcsign and the area with no railing was intended for boaters to tie up to the dock. Brian Stumpf noted that there is a strong current in that area and felt it would be safer if the entire dock had railing on it. Glen Posusta felt it could be a liability issue as well. Wayne Mayer askcd about the time frame the dock would be in the river. Phil Simondct responded that it depends on when ice starts to form on the river. Wayne Mayer fclt without railing all around the dock area, the dock becomes an "attractive nuisancc" for children. Brian Stumpf stated the project should be approved but recommended that thc space between the railing posts be narrowed so that children could not get through it. Phil Simondet said he is working with MinnCor and the DNR and the dock will be designed to their specifications and whatevcr standards the City may impose. Brian Stumpf suggested that Phil Simondet mcet with one of the Councilmembers after hc has worked out the dock design with the DNR. Fred Patch, Building Official, stated that docks and similar structures are not regulated by the building code but if a dock was constructed like a residential deck, the requirement would be the railing not allow a 4" sphere to go through the railing space. 6 '6 Council Agenda - 7111/05 . BRIAN STUMPF MOVED TO APPROVE THE PROPOSAL OF PHIL SIMONDET TO HAVE A DOCK INSTALLED AT ELLISON PARK AS HIS EAGLE SCOUT PROJECT WITH THE DOCK DESIGNED TO THE SAME STANDARDS AS THE EXISTING DOCKS AT WEST BRIDGE AND MONTISSIPPI PARKS AND WITH BRIAN STUMPF SERVING AS THE COUNCIL CONTACT FOR PHIL SIMONDET WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of schedulin!!: a workshop to review trunk utilities fundin!!: pro!!:rams for the purpose of adiustin!!: fee schedule. This was approved as part of the consent agenda with the workshop meeting being scheduled for July 25, 2005 at 5 p.m. 10. Consideration of a request for additional fundin!! for Senior Citizen Center. Laurie Chevalier, 717 Independence Drive, Big Lake and Wes Olson, 524 West 6th Street, representing the Senior Center Board of Directors came before the Council to request additional funds from the City for Senior Center. . Wes Olson stated that there are two issues to be addressed. One is the difference between what the Senior Center is paying out and what the City is contributing to the Senior Center. Since 1996 the costs the Senior Center has had to payout has exceeded the amount the City has contributed. hmdraising by the Senior Center has made up the difference and delayed the need to come before the Council to request an increased contribution. The reserve cushion is no longer there and the gap between what is paid out and what is received has widened. The second issue is a salary increase for the Senior Center Director. The current director has not received a salary increase except for cost of living increases since she has been in that position. In a survey of other directors in the area, Monticello's Director is not being compensated at the same level as others doing similar work. Glen Posusta asked if would make more sense to have the Senior Center Director as a city employee. City Administrator, Rick Wolfsteller stated by having this position as a city employee it would increase the cost significantly over what the City currently contributes to the Senior Center. Wes Olson explained the revenue sources for the Senior Center. He stated that $9,156 is the cost to the Senior Center over what the City contributes to keep their director. The Senior Center is requesting $1,000 amount until January 1,2006 and then a commitment by the City to contribute $46,000. Wes Olson said the issue will come up again unless some kind of policy is put in place to provide a marketable wage and cost ofliving increases. Brian Stumpf asked if there were legal impacts for the City if they subsidize the Senior Center employee. City Attorney Tom Scott said the City is making a contribution to the Senior Center who makes distribution of the funds as they see fit. . Brian Stumpf asked about the availability of funds for the request. Rick Wolfsteller indicated 7 ~ . . . Council Agenda - 7/11105 there would be general fund reserves that could be used. BRIAN STUMPF MOVED TO AUTHORIZE ]]\;CREASING THE CITY'S MONTHLY CONTRIBUTION TO THE SENIOR CENTER FROM $2,833 to $3,833 A MONTH EFFECTIVE AUGUST L 2005 AND LOOK AT FUNDING WHEN THE 2006 BUDGET PROCESS BEGINS. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. In additional discussion, Wayne Mayer stated that his only problem with this request is that the Council has asked city departments to cut back while the Senior Center is asking for a fairly hefty increase. Glen Posusta stated he didn't want to get into personnel issues but questioned whether the current director would be committed to some kind oflong term contract. Wayne Mayer asked what percentage of the senior center users were Monticello residents. It was estimated at 80% were Monticello residents, 7%-10% Big Lake residents and the remainder from Albertville, S t. Michael and Buffalo. It was suggested that this type of information be provided to the Council at budget time. 11. Consideration of Fiber Optic Task Force npdate bv Councilmember Maver and discussion of possible authorization. Wayne Mayer stated that with all the construction that is taking place in the City, if the City should decide to proceed with the fiber optic system, the City should consider placing 4" conduit at various crossing points that are in construction arcas. The estimated cost for each crossing point is $250. It was felt that the more crossings that could bc done now, the more it would save in the future. WAYNE MA YER MOVED TO INSTALL THE CONDUIT PIPING FOR VARIOUS CROSSINGS IN CONSTRUCTION AREAS AS DETERMINED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Consideration of options to replace liQuor store sil!:n. Rick Wolfsteller updated the Council on the information received on replacing thc liquor store sign. These preliminary drawings werc included in the agenda packet. Rick Wolfsteller reviewed the costs for the various options. The price ranges werc from $5,000 (lower the existing sign) to $75,000 (new sign structure and electronic reader board). Rick Wolfsteller addressed the sign height and noted it did not exceed that of other signs in the area. He suggested that if the height was the issues, the sign could be lowered at minimal costs. Clint Herbst stated he believed it was in the agreement with Towne Centre that this sign was to be removed. StatT stated that they were not able to find anything in the agreement that the City would remove the existing sign. Glen Posusta asked if the City paid for the Towne Centre sign which is located on the city property. Glen Posusta felt the City should install a reader board on the Towne Centre sign noting that the conduit is already in place. Glen Posusta stated that 8 \0 . . 13. . Council Agenda - 7/11/05 Vaughn Veit had agreed to remove the sign and dispose of it at no cost to the City. Brian Stumpf said the cost to replace the sign, makes the existing sign look pretty good. Joe Hartman, Liquor store manager was asked his rccollection of the sign issue. lIe stated he did not recall anything about thc cxisting liquor store sign being removed. He felt it would ludicrous for the City to remove their sign. Clint Herbst felt the that the existing sign was to be updated and Glen Posusta addcd his understanding was that there was some landscaping work that was agreed to be donc. Glen Posusta stated he thought it was hypocritical for the City to say they nccd this sign, when they have denied other businesses the right to have a sign. He cited the recent denial of a sign for KIA as an example. Brian Stumpf argued that the City did not deny the sign because they didn't feel businesses should have signs but rather because the sign did not conform to the requirements of the ordinance. JetIO'Neill added that KIA was denied an at/ditional sign. The ordinance provides for one pylon sign and one wall sign. The KIA sign request was denied because they were asking for signs in excess of what the ordinance allowed. Glen Posusta reiterated his belicf that the City was inconsistent with applying their sign ordinance. Clint Ilerbst stated he didn't believe the liquor store sign should bc eliminated but rather removed and replaced with a sign that fits with the other signage in the area. The Council discussed the existing signagc on the Towne Centre sign. Joe Hartman stated that one of the Towne Centre tenants had approached him about using space on the liquor store sign. It was suggested that City look at something like a single sign listing multiple tenants. Fred Patch stated that space below the existing Towne Centre sign is sct up for a reader board and that Vaughn Veit had concluded that it was not necessary to havc a reader board to advertise the Towne Centre tenants. Clint Herbst stated that the sign ordinance generates a lot of discussion and debatc. Clint Hcrbst fclt the existing liquor store sign should be removed and the Hi-Way Liquor Store part placed over the Towne Centre sign. Joe Hartman felt the TO\vlle Centre sign was too far away. Glen Posusta said that is the same argument used by all businesses. Clint Herbst suggested the Council hold off on making a decision on this. Clint Herbst and Glen Posusta will meet with Joe Hartman and come back to thc Council with recommendations. Joe Hartman suggcsted that the Council drive past there and look at what the sign for Towne Centre does and doesn't do and the what the existing liquor store sign does and doesn't do. Fred Patch asked on the existing sign structure if brick could bc placcd around it. Fred Patch said that placing another sign on top of the Towne Centre sign would not be structurally sound. This item will come back at the next Council meeting. Consideration to provide direction to City staff re!!ardin!! ordinance enforcement at Hillcrest Circle. Fred Patch stated that with code enforcement, the complainant and investigative matters are not normally open to thc public and asked the City Attorney if the City was frec to continue this 9 \ \ Council Agenda - 7/11/05 . discussion. Since the complainant came forward in the public forum to register the complaint Tom Scott felt in this case the City could go forward with the discussion. The specific complaint dealt with race cars and a semi-trailer being parked in a residential area. Fred Patch noted with both these items, the ordinance is not clear. The City's ordinance does not speci fically address racc cars or defines them as a recreational vehicle. Brian Stumpf asked if the cars were parked on the trailer. The cars are some times on the trailer and sometimes not. Wayne Mayer asked if anyone had checked with the DMV to see if it is possible to license a race car. If a race car is defined as a recreational vehicle, like a boat or A TV they can be stored outside. If it is vehicle that is licensed it can be stored outside. Othcrwise it would have to be stored inside. . Carrie McDougall, 101 Hillcrest Circle, is the owner of the race cars in question and she brought pictures showing the cars and the trailer they are stored on. She contended that the race cars are not a rusted out piece of junk that should be considered a blight but rather they are well maintained good looking cars that are used for a recreational purpose. She stated her trailer is licensed and if she could license the race cars she would do so. Wayne Mayer asked the City Attorney if the City is treading where they shouldn't be by telling the property owner they cannot store their possession on their property, even though it is neat and well-maintained. Wayne 'vlayer asked if the neighborhood was more concerned about the race cars or the fact that they were parked on the trailer. Carrie McDougall stated that only one property owner had complained about it. Tracy Revering, 1802 West River Street stated she has a dog and the police have stopped by because someone has complained about the dog. She stated there is one person in the neighborhood who complains about everyihing. Carrie McDougall stated when they are not racing the cars, one car is stored in the garage and one is stored on the trailer. She reiterated that this is a recreational vehicle that is stored in their yard, not lell out in the street. Fred Patch, Building Official would like to get direction from the Council on how this should be addressed. Fred Patch suggested coming up with options that would cover it. Glen Posusta asked the residents present, if they were sclling their house, would they move the trailer. The residcnts responded that they saw no reason they should put their life on hold because someone is selling a house. . The semi parked in the residential area was then discussed. Fred Patch stated that in 2000 the Council looked restricting any vehicle in excess of9000 lb GVW from being parked in a residential district. The Sheriffs Department stated that this was not enforceable because the only way you could truly determine which vehicles exceed the 9000 lbs GVW was to weigh them which was not practical. One suggestion that was considered at that time was to look at licensing type and then restrict any vehicle with a license sticker above an E from the residential areas. The Council tabled acting on the proposal at that time 10 \'d, Council Agenda - 7/1 1/05 . Clint I lerbst stated that when a person comes home, they should be way from the things that imply commercial or industrial activity and dump trucks and semi were not residential in nature. He felt it was more appropriate to drive to your truck rather than have the truck parked in a residential area. Fred Patch noted that there are a number of similar type situations within the City. Wayne Mayer asked how other cities handled this. Tom Scott said the City could try define the type of vehicle that would be allowed in residential areas either by licensing or some other method and amend the ordinance to reflect that. Clint Herbst said there is a fine line between owning a piece of property that you use the way you waut and doing things that are appropriate for the neighborhood. Jessica Bechtold, 101 Hillcrest Circle stated that the vehicle is licensed, insured, it is the employer's truck and it is live ton axle weight. She stated that no other residents in the area have complained about the truck being parked there. Chris Larson, 1702 West River Street, who also has a semi truck stated that the semi truck is only there in the evening. It is not there during the day or on the weekends. The noise is not an issue since it does not make any more noise than a diesel pickup truck. . The Council stated they are dealing with a number of complaints by residents. The question is what the City could do that is reasonable and does not infringe on the rights of the individual. Glen Posusta felt construction vehicles do not belong in residential neighborhoods. He noted that even in areas designated for this type of activity, the City receives complaints citing Jay Morrell Trucking as au example. Beth Larson, 1702 West River Street, stated their back yard is along County Road 75 aud they hear vehicles all night. Her husband's truck comes home aud is shut ofT and no one hears it all night. Paulette Conroy, 104 Hillcrest Circle stated that noise has not been an issue. She came to the Council because of feedback from realtors and potential buyers about what was in the neighborhood. She said they have been upfront and honest with their neighbors on this issue. She stated this a visual thing. Monticello is in competition with other communities to attract home buyers and what kind of image are we presenting to potential residents. Steve Conroy stated that the Council should drive through the neighborhood and see what kind of impression they get. The Council is being asked to set some community standards that are enforceable and to amend or modify the ordinance in whatever way necessary to make it enforceable, . Clint Herbst stated that he had received a letter from a resident in another area of town discussing the same problem. He said the City needs to look at the ordinauce and make it enforceable and then actively pursue those who violate the ordinance, II \3 Council Agenda - 7/1l/05 . Tim Caouette, author of the letter referenced by Mayor Herbst, noted his primary concern is safety because the semi is parked on the street making visibility an issue. Wayne Mayer stated that the Council can do one of two things; they can enforce the ordinances on the books or take them off the books. Tom Scott said there arc two issues; I )commereial vehicles in a residential area; and 2) recreational vehicles in a residential area. Staff could look at coming up with some kind of language for the ordinance that is clear enough to make the ordinance enforceable and bring it back to the Council. TOM PERRAULT MOVED THAT STAFF ENFORCE WHAT IS IN PLACE NOW AND LOOK AT THE OPTIONS PROPOSED IN 2000 AND WITH A POSSIBLE ORDINANCE AMENDMENT TO THE PUBLIC NUISANCE ORDINANCE AND RECREATIONAL VEHICLE ORDINANCE TO ADDRESS RACES CARS AND HEAVY TRUCKS IN RESIDENTIAL NEIGHBORHOODS. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. Added Items: . . Heritage Tour: Jeff 0' Neill stated that Heritage was proposing a tour of some developments to show how upscale developments could take place on 50'-60' lots. Planning Commission, Council and staff would be invited to tour these developments. It is proposed that this tour would take place on either July 20th or July 22"d The consensus of the Council was that the July 22'" would probably work best for them. Riverside Cemetery Mowing: Clint Herbst asked how often the cemetery is mowed. John Simola stated that the contract gives leeway on how often the contractor mows. The City budgeted for ten mowings a year. Staff monitors that and can exercise discretion on increasing or reducing the number of times the cemetery is mowed. Clint Herbst directed John Simola to check into this. Pavers - School Boulevard: WSB & Associates had supplied information on the cost of landscaping and paver bricks for the entrance to Jefferson Commons. The landscaping work would be done by Public Works staff. A drawing showing the areas for pavers was submitted and based on the drawing if all the pavers were installed the estimated cost would be $90,626.25. It was suggested doing that portion between the sidewalks and curbs. This work would be done in lieu of an entrance monument for Jefferson Commons and is basically an entrance treatment for the area between TH 25 and Deegan Avenue. If the pavers arc not put in the City wonld seed that area. Clint Herbst asked how the pavers in other areas are holding up. John Simola said the sealing has been working well but there has been some settlement of the pavers. . The Council discussed which areas they felt could be removed from paver installation. There was discussion on where sidewalk and trail was located in this area. 12 \L\ Council Agenda - 7/11105 . Tom Perrault asked if this was going to be a change order to the existing contract. John Simola indicated that the contractor had given a them a price of$13.75/ft. Culver's felt it was important to them to dress up that corner. John Simola stated they don't have a cost yet for the trees and shrubs. GLEN POSUST A MOVED TO APPROVE THE PAVER PLAN WITH SECTIONS 8 AND 4 BEING REMOVED AND SECTIONS 3 AND 7 BEING SCALED BACK BY 50% AND PUTTING CONCRETE ON BOTH SIDES AT SOME POINT IN THE FUTURE. John Simola said the way it is set up is pathway on the south and sidewalk on the north. Glen Posusta withdrew his motion as he felt the Council needed more information before making a decision. Glen Posusta suggested looking at colored concrete or exposed aggregate as opposed to pavers and to get prices for all options. 14. Aoorove oavment of bills for Julv . Tom Perrault had a question on a bill from Determan Brownie. Glen Posusta questioned the purchases at Schulte's Greenhouse and Tatanka Gardens. John Simola stated that volunteer had purchased materials at Cedar Street Gardens but they didn't have enough in stock so the balance of the stock needed was purchased from other sources. Glen Posusta said volunteers should be informed of the City's desire to purchase locally. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. TOM PERRr'\ULT SECONDED THE MOTION. MOTION CARRJED UNANIMOUSLY. 15. Adiourn Mayor Herbst adjourned the meeting at 10: 1 0 p.m. Recording Secretary . 13 \5 . SA. A. Council Agenda - 7/25/05 Consideration of aoorovinl! new hires and deoartures for MCC. (RW) REFERENCE AND BACKGROUND: The Council is asked to ratify the hiring and departures of employees that have occurred recently at the MCC. As you recall, it is recommended that the Council officially ratify the hiring of all new employees including part-time and seasonal workers. B. ALTERNATIVE ACTIONS: . . 1. Ratify the hiring/departures of the employees as identified on the attached list. C. SUPPORTING DATA: Lists of new employees. 5 [4- i \0 . NEW EMPLOYEES Title Department Name TERMINATING EMPLOYEES Name .ms, Angela Reason Voluntary Department MCC . employee councillist.xls: 7/13/2005 Hire Date Class Last Day Class 7/5/2005 Part Time SA -It . . . Council Agenda - 7/25/05 58. Consideration of annrovinl!: al!:reement with BNSF for sil!:nal svstem interconnect wires alonl! CSAH 18. (RW) A. REFERENCE AND BACKGROUND: As part of the 1-94 Interchange Project and the upgrading ofCSAH 18 and CSAH 75 intersection, additional wiring between the traffic signals will need to be installed with new conduit placed under Burlington Northern railroad tracks. In order for the new conduit to be placed under the railroad, Burlington Northern requires the City enter into a license agreement with the railroad company and pay a permit fee of$l, 750. This license requirement is similar to the permits the City has had to obtain on other construction projects for any type of utility placed under the railroad. The agreement has been reviewed by City Attorney, Tom Scott for content. Although the City is not necessarily in agreement with all the provisions in the contract, Burlington Northern has been reluctant in the past to make any modifications to their standard agreement, so if the City wants to continue with its construction work, a license needs to be obtained. 8. ALTERNATiVE ACTiONS: I. Approve entering into a license agreement with BNSF railroad company for the placement of electrical conduit under railroad as pati of the CSAH 18 improvement. C. STAFF RECOMMENDATiON: It is the recommendation of the City Administrator and City Engineer that the license agreement for the electrical interconnection be approved. Without the license, BNSF could prohibit the City from placing additional electrical conduit to provide for the appropriate interconnection of the traffic signals. D. SUPPORTiNG DATA: Copy of license agreement. S~-18 . . . Form Approved by VP-Law Tracking No. 05-28364 LICENSE FOR ELECTRIC SUPPLY LINE ACROSS OR ALONG RAILWAY PROPERTY (Electric Light, Power Supply, Irrespective of Voltage, Overhead or Underground) THIS LICENSE ("License"), made as of the _ day of , 2005 ("Effective Date") by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Licensor"), and THE CITY OF MONTICELLO, a Minnesota municipal corporation ("Licensee"). NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree to the following: GENERAL 1. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests, and estates of third parties including, without limitation, any leases, use rights, easements, liens or other encumbrances, and upon the terms and conditions set forth below, to construct, maintain, and use in strict accordance with the drawings and specifications approved by Licensor as part of Licensee's application process ("the Drawings and Specifications") an electric supply line containing a maximum of three (3) conductors, together with its supporting or containing structures ("Electric Suppiy Line") across or along the premises of Licensor at or near the Station of Monticello, County of Wright, State of Minnesota, Line Segment 0202, Mile Post 33.72, shown by bold line upon the Drawing No. 1-36056, dated April 15, 2005, revised July 8, 2005, marked "Exhibit A", attached hereto and made a part hereof ("Premises"). 2. Licensee shall not disturb any improvements of Licensor or Licensor's existing lessees, Licensees, easement beneficiaries or lien holders, if any, or interfere with the use of such improvements. 3. Licensee shall use the Premises solely for construction, maintenance, and use of an Electric Supply Line in accordance with the Drawings and Specifications. Licensee shall not use the Premises for any other purpose. Licensee shall not use or store hazardous substances, as defined by the Comprehensive Environmental Response, Compensation, and Liability Act, as amended ("CERCLA") or petroleum or oil as defined by applicable Environmental Laws on the Premises. 4. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in the Premises, Licensor shall not be liable to refund Licensee any compensation paid hereunder or for any damage Licensee sustains in connection therewith. 5. Any contractors or subcontractors performing work on the Electric Supply Line or entering the Premises on behalf of Licensee, shall be deemed servants and agents of Licensee for purposes of this License. TERM . 6. This License shall commence on the Effective Date and shall continue for a period of twenty-five (25) years, subject to prior termination as hereinafter described. Form 421; Rev. 01/20105 - 1 - IS \b- \'\ Form Approved by VP-Law Tracking No. 05-28364 . COMPENSATION 7. (a) Licensee shall pay Licensor, prior to the Effective Date, the sum of One Thousand Five Hundred and No/100 Dollars ($1,500.00) as compensation for the use of the Premises. (b) Licensee agrees to reimburse Licensor (within thirty (30) days after receipt of bills therefor) for all costs and expenses incurred by Licensor in connection with Licensee's use of the Premises or the presence, construction, maintenance, and use of the Electric Supply Line, including but not limited to the furnishing of Licensor's Flagman and any vehicle rental costs incurred. The cost of flagger services provided by the Railway, when deemed necessary by the Railway's representative, will be borne by the Licensee. The estimated cost for one (1) flagger is $600.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, transportation, meals, lodging and supervision. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. The flagging rate in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of flagging pursuant to this paragraph. . (c) All invoices are due thirty (30) days after the date of invoice. In the event that Licensee shall fail to pay any monies due to Licensor within thirty (30) days after the invoice date, then Licensee shall pay interest on such unpaid surn from thirty (30) days after its invoice date to the date of payment by Licensee at an annual rate equal to (i) the greater of (a) for the period January 1 through June 30, the prime rate last published in The Wall Street Journal in the preceding December plus two and one-half percent (2 1/2%), and for the period July 1 through December 31, the prime rate last published in The Wall Street Journal in the preceding June plus two and one-half percent (2 1/2%), or (b) twelve percent (12%), or (ii) the maximum rate permitted by law, whichever is less. COMPLIANCE WITH LAWS 8. (a) Licensee shall observe and comply with any and all laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions of any court of competent jurisdiction ("Legal Requirements") relating to the construction, maintenance and use of the Electric Supply Line and the use of the Premises. . (b) Prior to entering the Premises, Licensee shall and shall cause its contractor to comply with all Licensor's applicable safety rules and regulations. Prior to commencing any work on the Premises, Licensee shall complete and shall require its contractor to complete the safety-training program at the following Internet Website "hltp:llwww.contractororientation.com...This training must be completed no more than one year in advance of Licensee's entry on the Premises. Form 421; Rev. 01/20/05 - 2 - s ~ - d-O . . . Form Approved by VP-Law Tracking No. 05-28364 DEFINITION OF COST AND EXPENSE 9. For the purpose of this License, "cost' or "costs" "expense" or "expenses" includes, but is not limited to, actual labor and material costs including all assignable additives, and material and supply costs at current value where used. RIGHT OF LICENSOR TO USE 10. Licensor excepts and reserves the right, to be exercised by Licensor and any other parties who may obtain written permission or authority from Licensor: (a) to maintain, renew, use, operate, change, modify and relocate any existing pipe, power, communication lines and appurtenances and other facilities or structures of like character upon, over, under or across the Premises; (b) to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional facilities or structures upon, over, under or across the Premises; or (c) to use the Premises in any manner as the Licensor in its sole discretion deems appropriate, provided Licensor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Licensee for the purpose specified in Section 3 above. LICENSEE'S OPERA nONS 11. (a) Licensee shall notify Licensor's Roadmaster, Brian Shea, at 80 - 44th Avenue NE, Minneapolis, MN 55421, telephone (763) 782-3236, or cell (612) 867-4007, at least five (5) business days prior to construction of the Electric Supply Line and prior to entering the Premises for any subsequent maintenance thereon. (b) In performing the work described in Section 3, Licensee shall use only public roadways to cross from one side of Licensor's tracks to the other. 12. Licensee shall, at its sole cost and expense, construct and at all times maintain the Electric Supply Line in accordance with the National Electric Code. (a) (b) If the operation or maintenance of said Electric Supply Line shall at any time cause interference, including but not limited to physical interference from electromagnetic induction, electrostatic induction, or from stray or other currents, with the facilities of the Licensor or of any lessee or Licensee of the Licensor, or in any manner interfere with the operation, maintenance, or use by the Licensor of its right-of-way, tracks, structures, pole lines, signal and communication lines, radio, or other equipment, devices, other property or appurtenances thereto, Licensee agrees immediately to make such changes in its Electric Supply Line and furnish such protective devices and/or replacement equipment to Licensor and its lessees or Licensees as shall be necessary, in the judgement of the Licensor's representative, to eliminate such interference. The cost of such protective devices and their installations shall be borne solely by Licensee. If any of the interference covered by this paragraph shall be, in the judgement of the Licensor, or such importance to the safety of the Licensor's operations as to Form 421: Rev. 01120105 - 3- S rb- d \ Form Approved by VP-Law . 13. . . (b) Tracking No. 05-28364 require immediate corrective action, Licensee, upon notice from the Licensor, shall either, at the Licensor's election, cease using said Electric Supply Line for any purpose whatsoever and remove same, or reduce the voltage or load on said Electric Supply Line, or take such other interim protective measures as the Licensor may deem advisable, until the protective devices and/or replacement equipment required by this paragraph have been installed, put in operation, tested, and found to be satisfactory to correct the interference. (a) Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad track on the Premises unless Licensee has obtained prior written approval from Licensor. Licensee shall, at its sole cost and expense, perform all activities on and about the Premises in such a manner as not at any time to be a source of danger to or interference with the existence or use of present or future tracks, roadbed or property of Licensor, or the safe operation and activities of Licensor. If ordered to cease using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted in this Section will alter the liability allocation provided by this License. Licensee shall, at its sole cost and expense, and subject to the supervision of Licensor's Roadmaster, locate, construct and maintain the Electric Supply Line in such a manner and of such material that it will not at any time be a source of danger to or interference with the existence or use of present or future tracks, roadbed or property of Licensor, or the safe operation and activities of its railroad. Further, the Electric Supply Line shall be constructed, installed and maintained in conformity with the plans and specifications shown on the print attached hereto as Exhibit A and made a part hereof (which, if present, are to be deemed part of the Drawings and Specifications). Licensor may direct one of its field engineers to observe or inspect the construction and/or maintenance of the Electric Supply Line at any time for compliance with the Drawings and Specifications. If ordered at any time to halt construction or maintenance of the Electric Supply Line by Licensor's personnel due to non-compliance with the same or any other hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that Licensor has no duty or obligation to observe or inspect, or to halt work on, the Electric Supply Line, it being solely Licensee's responsibility to ensure that the Electric Supply Line is constructed in strict accordance with the Drawings and Specifications and in a safe and workmanlike manner in compliance with all terms hereof. Neither the exercise nor the failure by Licensor to exercise any right granted by this Section will alter in any way the liability allocation provided by this License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform its obligations under this Section, Licensor may, at its option and at Licensee's sole expense, arrange for the performance of such work as it deems necessary for the safety of its operations and activities. Licensee Form 421; Rev. 01/20/05 -4- Sb- d. d- Form Approved by VP-Law Tracking No. 05-28364 . 15. 16. . 17. . shall promptly reimburse Licensor for all costs and expenses of such work, upon receipt of an invoice for the same. Licensor's failure to perform any obligations of Licensee shall not alter the liability allocation hereunder. 14. Licensee shall, at its sole cost and expense, remove all combustible material from around wooden poles and will at all times keep the space around such poles free of such material, and if removal of such combustible material shall not be attended to with fifteen (15) days after having been requested by Licensor to do so, Licensor shall have the right itself to perform the work and Licensee hereby agrees to reimburse Licensor for the expense so incurred. During the construction and any subsequent maintenance performed on Electric Supply Line, Licensee shall perform such work in a manner to preclude damage to the property of Licensor, and preclude interference with the operation of its railroad. The construction of the Electric Supply Line shall be completed within one (1) year of the Effective Date. Upon completion of the construction of the Electric Supply Line and after performing any subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore Licensor's premises to their former state as of the Effective Date of this License. If at any time during the term of this License, Licensor shall desire the use of its rail corridor in such a manner as would, in Licensor's reasonable opinion, be interfered with by the Electric Supply Line, Licensee shall, at its sole expense, within thirty (30) days after receiving written notice from Licensor to such effect, make such changes in the Electric Supply Line as in the sole discretion of Licensor may be necessary to avoid interference with the proposed use of Licensor's rail corridor, including, without limitation, the relocation of the existing or the construction of new a Electric Supply Line. (a) Prior to Licensee conducting any boring work on or about any portion of the Premises, Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, orovided, however, that in lieu of the foregoing, the Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (!UL., consulting with the Underground Services Association) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. Upon Licensee's written request, which shall be made thirty (30) business days in advance of Licensee's requested construction of the Electric Supply Line, Licensor will provide Licensee any information that Licensor's Engineering Department has in its possession concerning the existence and approximate location of Licensor's underground utilities and pipelines at or near the vicinity of the proposed Electric Supply Line. Prior to conducting any such boring work, the Licensee will review all such material. Licensor does not warrant the accuracy of information relating to subsurface conditions and Licensee's operations will be subject at all times to the liability provisions herein. (b) For all bores greater than 26-inch diameter and at a depth less than 10.0 feet below bottom of rail, a soil investigation will need to be performed by the Licensee and reviewed by Licensor prior to construction. This study is to determine if granular material is present, and to prevent subsidence during the installation process. If the investigation determines in Licensor's reasonable Form 421; Rev. 01120105 - 5- 5 ~- d- 3 . . . Form Approved by VP-Law Tracking No. 05-28364 opinion that granular material is present, Licensor may select a new location for Licensee's use, or may require Licensee to furnish for Licensor's review and approval, in its sole discretion a remedial plan to deal with the granular material. Once Licensor has approved any such remedial plan in writing, Licensee shall, at its sole cost and expense, carry out the approved plan in accordance with all terms thereof and hereof. 18. Any open hole, boring or well constructed on the Premises by Licensee shall be safely covered and secured at all times when Licensee is not working in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises by Licensee shall be: (a) filled in to surrounding ground level with compacted bentonite grout; or (b) otherwise secured or retired in accordance with any applicable Legal Requirement. All excavated materials shall not remain on Licensor's property for more than ten (10) days and shall be properly disposed of by Licensee in accordance with applicable Legal Requirements. 19. Upon termination of this License, Licensee shall, at its sole cost and expense: (a) remove all of its equipment from the Premises; (b) remove the Electric Supply Line at Licensor's sole discretion; (c) report and restore any damage to the Premises arising from, growing out of, or connected with Licensee's use of the Premises; (d) remedy any unsafe conditions on the Premises created or aggravated by Licensee; and (e) leave the Premises in the condition which existed as of the Effective Date of this License. 20. Licensee's on-site supervision shall retain/maintain a fully-executed copy of this License at all times while on the Premises. LIABILITY 21. (a) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS LICENSOR AND LICENSOR'S AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION, REMOVAL AND REMEDIATION AND GOVERNMENTAL OVERSIGHT COSTS) ENVIRONMENTAL OR OTHERWISE (COLLECTIVELY Form 421; Rev. 01/20/05 - 6 - S~-dl.{ Form Approved by VP-Law Tracking No. 05-28364 . . (b) "LIABILITIES") OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART): (i) THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL PROVISIONS, (ii) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE, (iii) LICENSEE'S OCCUPATION AND USE OF THE PREMISES, (Iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY OR CONTRIBUTED BY LICENSEE, OR (v) ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER, EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO, IN WHOLE OR IN PART, ANY NEGLIGENCE OF ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO WHICH LICENSEE'S OBLIGATION TO INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES TO THE EXTENT PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNITEE. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING THE LIMITATION IN SECTION 21(a), LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, NOW AND FOREVER WAIVE ANY AND ALL CLAIMS, REGARDLESS WHETHER BASED ON THE STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, THAT RAILROAD IS AN "OWNER", "OPERATOR", "ARRANGER", OR "TRANSPORTER" WITH RESPECT TO THE ELECTRIC SUPPLY LINE FOR THE PURPOSES OF CERCLA OR OTHER ENVIRONMENTAL LAWS. LICENSEE WILL INDEMNIFY, DEFEND AND HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL SUCH CLAIMS REGARDLESS OF THE NEGLIGENCE OF THE INDEMNITEES. LICENSEE FURTHER AGREES THAT THE USE OF THE PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL NOT IN ANY WAY SUBJECT LICENSOR TO CLAIMS THAT LICENSOR IS OTHER THAN A COMMON CARRIER FOR PURPOSES OF ENVIRONMENTAL LAWS AND EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FOR ANY AND ALL SUCH CLAIMS. IN NO EVENT SHALL LICENSOR BE RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES. (e) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE FURTHER AGREES, AND SHALL CAUSE ITS CONTRACTOR TO, REGARDLESS OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE OF ANY INDEMNITEE, TO INDEMNIFY, AND HOLD HARMLESS THE INDEMNITEES AGAINST AND . Form 421; Rev. 01/20/05 - 7- s s - dS Form Approved by VP-Law Tracking No. 05-28364 . ASSUME THE DEFENSE OF ANY LIABILITIES ASSERTED AGAINST OR SUFFERED BY ANY INDEMNITEE UNDER OR RELATED TO THE FEDERAL EMPLOYERS' LIABILITY ACT (nFELAn) WHENEVER EMPLOYEES OF LICENSEE OR ANY OF ITS AGENTS, INVITEES, OR CONTRACTORS CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF ANY INDEMNITEE OR OTHERWISE. THIS INDEMNITY SHALL ALSO EXTEND, ON THE SAME BASIS, TO FELA CLAIMS BASED ON ACTUAL OR ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SAFETY APPLIANCE ACT, THE BOILER INSPECTION ACT, THE OCCUPATIONAL HEALTH AND SAFETY ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. (d) Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other proceeding brought against any Indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any Indemnitee. Licensee shall pay all costs incident to such defense, inciuding, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. PERSONAL PROPERTY WAIVER 22. ALL PERSONAL PROPERTY OF LICENSEE, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE. . INSURANCE 23. Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability Insurance. This insurance shall contain broad fomn contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000. Coverage must be purchased on a post 1998 ISO occurrence or equivalent and include coverage for, but not limited to, the following: . Bodily Injury and Property Damage . Personal Injury and Advertising Injury . Fire legal liability . Products and completed operations . This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: . It is agreed that any workers' compensation exclusion does not apply to Licensor's payments related to the Federal Employers Liability Act or a Licensor Wage Continuation Program or similar programs and any payments Form 421; Rev. 01120105 - 8- ;~~d-\o Form Approved by VP-Law Tracking No, 05-28364 . . . made are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law, . The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property, . Any exclusions related to the explosion, collapse and underground hazards shall be removed, No other endorsements limiting coverage may be included on the policy, B, Business Automobile Insurance, This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: . Bodily injury and property damage . Any and all vehicles owned, used or hired C, Workers Compensation and Employers Liability Insurance, This insurance shall include coverage for, but not limited to: . Licensee's statutory liability under the worker's compensation laws of the staters) in which the work is to be performed, If optional under State law, the insurance must cover all employees anyway, . Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee, D, Railroad Protective Liability Insurance, This insurance shall name only the Licensor as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate, The coverage obtained under this policy shall only be effective during the initial installation and/or construction of the Electric Supply Line, THE CONSTRUCTION OF THE ELECTRIC SUPPLY LINE SHALL BE COMPLETED WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE. If further maintenance of the Electric Supply Line is needed at a later date, an additional Railroad Protective Liability Insurance Policy shall be required, The policy shall be issued on a standard ISO form CG 00 35 1093 and include the following: . Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 1093) . Endorsed to include the Limited Seepage and Pollution Endorsement . Endorsed to include Evacuation Expense Coverage Endorsement . No other endorsements restricting coverage may be added, . The original policy must be provided to the Licensor prior to performing any work or services under this Agreement In lieu of providing a Railroad Protective Liability Policy, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor, The limits of coverage are the same as above, The cost is $800.00, Q I elect to participate in Licensor's Blanket Policy; Q I elect not to participate in Licensor's Blanket Policy, Form 421; Rev, 01/20/05 - 9- 5 ~- d-l s ~ - d-<6 Form Approved by VP-Law Tracking No. 05-28364 . Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages and certificates of insurance shall reflect that no exciusion exists. Licensee agrees to waive its right of recovery against Licensor for all ciaims and suits against Licensor. In addition, its insurers, through policy endorsement, waive their right of subrogation against Licensor for all ciaims and suits. The certificate of insurance must reflect waiver of subrogation endorsement. Licensee further waives its right of recovery, and its insurers also waive their right of subrogation against Licensor for loss of its owned or leased property or property under its care, custody or control. Licensee's insurance policies through policy endorsement must include wording which states that the policy shall be primary and non-contributing with respect to any insurance carried by Licensor. The certificate of insurance must reflect that the above wording is included in evidenced policies. All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad Protective) shall inciude a severability of interest endorsement and shall name Licensor and Staubach Global Services - RR, Inc. as an additional insured with respect to work performed under this agreement. Severability of interest and naming Licensor and Staubach Global Services - RR, Inc. as additional insureds shall be indicated on the certificate of insurance. . Licensee is not allowed to self-insure without the prior written consent of Licensor. If granted by Licensor, any deductible, self-insured retention or other financial responsibility for ciaims shall be covered directly by Licensee in lieu of insurance. Any and all Licensor liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Licensee's insurance will be covered as if Licensee elected not to include a deductible, self-insured retention, or other financial responsibility for ciaims. Prior to commencing the Work, Licensee shall furnish to Licensor an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Licensor in writing at least 30 days prior to any cancellation, non-renewal, substitution or material alteration. This cancellation provision shall be indicated on the certificate of insurance. Upon request from Licensor, a certified duplicate original of any required policy shall be furnished. Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. . Licensee WARRANTS that this License has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s), who have been instructed by Licensee to procure the insurance coverage required by this Agreement. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Form 421; Rev. 01/20/05 - 10- Form Approved by VP-Law Tracking No. 05-28364 . Not more frequently than once every five years, Licensor may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Licensee, Licensee shall require that the subcontractor shall provide and maintain insurance coverages as set forth herein, naming Licensor as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor herein. Failure to provide evidence as required by this section shall entitle, but not require, Licensor to terminate this License immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Licensee's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Licensee shall not be deemed to release or diminish the liability of Licensee including, without limitation, liability under the indemnity provisions of this License. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. For purposes of this section, Licensor shall mean "Burlington Northern Santa Fe Corporation", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. 5 B - dq . ENVIRONMENTAL 24. (a) Licensee shall strictly comply with all federal, state and local environmental laws and regulations in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA (collectively referred to as the "Environmental Laws"). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release of oil or hazardous substances, as defined by Environmental Laws on or about the Premises. (b) Licensee shall give Licensor immediate notice to Licensor's Resource Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises, violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee shall use the best efforts to promptly respond to any release on or from the Premises. Licensee also shall give Licensor immediate notice of all measures undertaken on behalf of Licensee to investigate, remediate, respond to or otherwise cure such rele.ase or violation. (c) In the event that Licensor has notice from Licensee or otherwise of a release or violation of Environmental Laws arising in any way with respect to the Electric supply Line which occurred or may occur during the term of this License, . Form 421; Rev. 01/20/05 - 11 - . . . Form Approved by VP-Law Tracking No. 05-28364 Licensor may require Licensee, at Licensee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises or Licensor's right-of-way. (d) Licensee shall promptly report to Licensor in writing any conditions or activities upon the Premises known to Licensee which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Licensee's reporting to Licensor shall not relieve Licensee of any obligation whatsoever imposed on it by this License. Licensee shall promptly respond to Licensor's request for information regarding said conditions or activities. ALTERATIONS 25. Licensee may not make any alterations to the Premises or permanently affix anything to the Premises or any buildings or other structures adjacent to the Premises without Licensor's prior written consent. NO WARRANTIES 26. LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES WHICH MAY EXIST BY OPERATION OF LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. QUIET ENJOYMENT 27. LICENSOR DOES NOT WARRANT ITS TITLE TO THE PROPERTY NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. DEFAULT 28. If default shall be made in any of the covenants or agreements of Licensee contained in this document, or in case of any assignment or transfer of this License by operation of law, Licensor may, at its option, terminate this License by serving five (5) days' notice in writing upon Licensee. Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect Licensor's ability to enforce any Section of this License. The remedy set forth i., this Section 28 shall be in addition to, and not in limitation of, any other remedies that Licensor may have at law or in equity. Form 421; Rev. 01/20105 - 12- s ~- ,?>O . 29. Form Approved by VP-Law Tracking No. 05-28364 LIENS AND CHARGES Licensee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Licensee on Premises. Licensor is hereby authorized to post any notices or take any other action upon or with respect to Premises that is or may be permitted by law to prevent the attachment of any such liens to Premises; provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability under this Section 29 or any other Section of this License. Licensee shall pay when due any taxes, assessments or other charges (collectively, "Taxes") levied or assessed upon the Improvements by any governmental or quasi-governmental body or any Taxes levied or assessed against Licensor or the Premises that are attributable to the Improvements. TERMINATION If Licensee fails to surrender to Licensor the Premises, upon any termination of this License, all liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are surrendered. Termination shall not release Licensee from any liability or obligation, whether of indemnity or otherwise, resulting from any events happening prior to the date of termination. 30. This License may be terminated by Licensor, at any time, by serving thirty (30) days' written notice of termination upon Licensee. This License may be terminated by Licensee upon execution of Licensor's Mutual Termination Letter Agreement then in effect. Upon expiration of the time specified in such notice, this License and all rights of Licensee shall absolutely cease. 31. . ASSIGNMENT 32. Neither Licensee, nor the heirs, legal representatives, successors, or assigns of Licensee, nor any subsequent assignee, shall assign or transfer this License or any interest herein, without the prior written consent and approval of Licensor, which may be withheld in Licensor's sole discretion. NOTICES 33. Any notice required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if (i) placed in the United States mail, certified, return receipt requested, or (Ii) deposited into the custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the address for such party specified below, or to such other address as the party to be notified may designate by giving the other party no less than thirty (30) days' advance written notice of such change in address. . If to Licensor: Staubach Global Services - RR, Inc. 3017 Lou Menk Drive, Suite 100 Fort Worth, TX 76131-2800 Attn: Licenses/Permits Form 421; Rev. 01/20/05 - 13 - S B-3\ Form Approved by VP-Law Tracking No. 05-28364 . with a copy to: BNSF Railway Company 2500 Lou Menk Dr. - AOB-3 Fort Worth, TX 76131 Attn: Manager - Land Revenue Management If to Licensee: City of Monticello 505 Walnut Avenue, Suite 1 Monticello, MN 55362 SURVIVAL s ~- 3 d. 34. Neither termination nor expiration will release either party from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date when the Electric Supply Line and improvements are removed and the Premises are restored to its condition as of the Effective Date. RECORDATION 35. It is understood and agreed that this License shall not be placed on public record. APPLICABLE LAW 36. All questions concerning the interpretation or application of provisions of this License shall be decided according to the substantive laws of the state of Texas without regard to conflicts of law provisions. . SEVERABILITY 37. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License. INTEGRATION 38. This License is the full and complete agreement between Licensor and Licensee with respect to all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Licensee's use of the Premises. However, nothing herein is intended to terminate any surviving obligation of Licensee or Licensee's obligation to defend and hold Licensor harmless in any prior written agreement between the parties. MISCELLANEOUS . 39. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. Form 421; Rev. 01/20105 - 14 - . . . Form Approved by VP-Law Tracking No. 05-28364 40. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor to enforce that provision for any subsequent breach thereof. Staubach Global Services - RR, Inc. is acting as representative for BNSF Railway Company. IN WITNESS WHEREOF, this License has been duly executed, in duplicate, by the parties hereto as of the day and year first above written. BNSF RAILWAY COMPANY Staubach Global Services - RR, Inc., its Attorney in Fact 3017 Lou Menk Drive, Suite 100 Fort Worth, TX 76131-2800 By: Robert Harder Title: Associate Director National Accounts CITY OF MONTICELLO 505 Walnut Avenue, Suite 1. Monticello, MN 55362 By: Title: Form 421; Rev. 01/20105 - 15 - 158- 33 TRACKING NO.05-28364 EXH I BIT II A /I ATTACHED TD CONTRACT BETWEEN BNSF RAILWAY COMPANY AND CITY OF MONTICELLO SCALE: 1 IN.=400 FT. TWIN CITIES DIV. MONTICELLO SUBDIV. L.S. 0202 DA TE 04/15/2005 REV: 07/08/2005" " . " '. " 'I , " .. \ ~ \ \,/ . \ ,.".""~",,,-\,\ ~ \~ ,;.oj,", z ",,"'''' ..~I ..'~' - l. r' _,~ ",,~.. \ Z t- ~I I '".' ~')I ~"" .... i:i ;:! \11 II I~ ",1"' ,,..."" '\1 (<' LL to 'I .,~,""., III lOll ~ ~".. " i!i Lf)", 1'1~ "., "1.", ..,. ~", '1.;:::0 '1, .-' ~'PR' \ 'U. ",.' ,~..", ROPERTY LINE \ ~ :"''II( _,,- ~ '. It UlO II . " fl \, - .'. u'" . ~~ ....'.,"....~. ~~ L' ~ 'I' I ' ' ~-_.. .. .. --"".'P. _,.,_ __.. i '. "" U TO L YNDALE JCT, __..'......_..,,_,.,..,._.., .,...,.._ ~ __....--, ~ t~1 ~II ..... - ........" .~~ ...,...."."",.,..,.........~,I,..,......I 10 11'.- ~. -.v".''''.....,._..__..... ., , ".--.........,... PCI149 ""I. -., .,._,....JI.. - ~....,.".... -', 'Ih. TO M .~---~. '--'- -"--~-~ ..;r" I .... ...--.......... "0.. .,. .,......,....~ .----.........,..,- "-~.".~~--"...,--_. 'tI _ ONT/CEllO .. ~-.....J.,'....<~I .......,.... _ "I...._.~......,..,........... --.....,..,...,._...........__ ~ - ~ -.... .... .. -..~ _ ...J ...~.,..."....,_._- ~",..~,,_ ~~ ....,...~ \ I ..----...."...,..,.., ....._..'.'a..._ "" '" I I - ---"'".--..----"-..-....~'f""~l!-".:~::~' 'i;, ,~, MP 33.72 ES 1782.86 PROPERTY LINE SECTION: TDWNSHIP: RANGE: 13 121N 25W V- MN-15 MAP 10 PARCEL 148 t ~."j! 1: CI .J \/ /"" \ ,01' "",r~ ,- ;.,~ III' ." ~,,"" ....~" .-1""" ", ....1....1 " '~f., '" \ I, " \ \, \ , ... :!~. ~I "'I') :~ ......, ...., 1101 ..... ~.." ~'J ~~~:. '.. .. I~ 'I~' '.~ \"'\ \ " \ " , \ " \ " \ lll' _~ ~:I ..' l~ -.' .. ,~,...!. 'lx" -.~.., ,,~ ~"I. 't,.., ..~ '" ,.t, ":.' ..~" ,Jtl "!ji; .~..t ~~~I NOTE: 2-2" PVC PIPES INSIDE 6" CONDUIT. ALL OCCUPIED. TYPE NUMBER VOLTAGE DESCRIPTION OF WIRES UNDER TRACK WIRES LOCATED AS SHDWN BOLD ELECTRIC SIZE OF CONDU I T 3 CONDUIT MATERIAL 480C WALL THICKNESS LENGTH DN R/W BASE OF RAIL TO TDP OF CDNDUIT 5/61f 6"x100' STEEL . 1 88" 1 00' NOTE: CASING TO BE JACKED OR DRY 80RED ONLY NEAR MONTICELLO COUNTY OF WR I GHT s e,- 3 '--\ STATE OF MN CTF DRAWING NO. 1-36056 r<1 cD r<1 o U) 0:: "- w a: "- <[ "" . . . 5C. City Council Agenda - 07/25/05 Consideration to aoorove a resolution callin!!: for a oublic hearin!!: bv the City Council on the orooosed adootion of the modification to the Redeveloomcnt Plan for Central Monticello Redevelooment Proiect No.1 and the orooosed establishment ofTIF District No. 1-35 therein and the adootion ofthe TIF Plan therefor. Aoolicant: Master's Fifth Avenue. Inc. (O.K.) A. Reference and Back!!:round: The Housing and Redevelopment Authority in and for the City of Monticello requests the City Council approve a resolution calling for a public hearing date of August 22, 2005. The public hearing is associated with the modification of the Redevelopment Plan of the Central Monticello Redevelopment Project No. I and establishment ofTIF District No. 1-35 and the TIF Plan. TlF District 1-35, a Redevelopment District, is being established to assist with acquisition and site improvement costs associated with the redevelopment of three single family homcs located along Locust and West Third Street. The developer, Barry Fluth of Master's Fifth Avenue, Inc., plans to construct 11,000 sq. ft. ofrental retail space. The project known as Landmark Square II, is the second and tlnal phase in the Landmark Square Plaza. The developer has executed the Preliminary Development Agreement and submitted a deposit 01'$7,500. In addition to the public hearing and approval of TlF District No. 1-35 on August 22. the Council will be requested to review and accept the redevelopment inspection report completed by either Pope Architects or LHB. Inc. vcrifying the coverage and substandard tcst for a redevelopment district. B. Alternative Action: 1. A motion to approve a resolution calling for a public hearing by the city council on thc proposed adoption ofthc moditlcation to the Redevelopment Plan for Central Monticello Redevelopment Project No. I and the proposed establishment ofTIF District No. 1-35 therein and the adoption of the TIF Plan therefor. 2. A motion to deny adoption of the resolution calling for a public hearing ................ 3. A motion to tablc any action. C. Recommendation: The City Administrator and liRA Executivc Director recommend alternative no. I. Sc'-3S . D. Supportin!! Data: Resolution for adoption and schedule of events. . . 2 City Council Agenda - 07/25105 5C. - 3lo . . . CITY OF MONTICELLO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING BYTHE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT 'iO. 1 AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 1-35 THEREIN AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") for the City of Monticello, Minnesota (the "City"), as follows: Section I. Public Hearing. This Council shall meet on August 22, 2005, at approximately 7:00 P.M., to hold a public hearing on the proposed adoption ofa Modilication to the Redevelopment Plan tex Central Monticello Redevelopment Project No. I (the "Redevelopment Plan Modilication"). the proposed establishment of Tax Increment Financing District No. 1-35, (a redevelopment district), and the proposed adoption of a Tax Increment Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan Moditication and the TIF Plan are referred to collectively herein as the "Plansl'), all pursuant to ancl in accordance \-vith Minnesota Statutes. Sections 469.00 I to 469.047, and Sections 469.174 to 469.1799. inclusive, as amended. in an effort to encourage the development and redevelopment of certain designated areas \vith in the City; and Section 2. Notice of Public Hearing, Filing of Plans. City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare the Plans and to fon.vard documents to the appropriate taxingj urisdictions including \~/right COllllty ancl Independent School District No. 882. The City Administrator is authorized and directed to cause notice ot~the hearing, together vvith an appropriate map as required by Imv, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to August 22, 2005, and to place a copyofthe Plans on tile in the City Administrator's office at City Hall and to make such copy available for inspection by the public. Dated: July 25,2005 Adopted: Clint Herbst Mayor ATTEST: Rick Woll:steller. City Aclministrator l;' c-- 31 . SCHEDULE OF EVENTS MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY AND THE CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA FOR THE MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1 June 27, 2005 July 5, 2005 . July 8, 2005 ":lS July.H-; 2005 July 12, 2005 July 22, 2005 August I, 2005 August 2, 2005 August 3, 2005 August 5, 2005 . AND THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 1-35 (a redevelopment district) Draft as of June 28, 2005 HRA requests that the City Council call for a public hearing on the proposed Modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. I and the proposed establishment of Tax Increment Financing District No. 1-35. Project information (property identification numbers and legal descriptions, detailed project description, maps, but/for statement, and I ist of sources and uses of funds) for drafting necessary documentation sent to Ehlers & Associates. Ehlers & Associates confirms with the City whether building permits have been issued on the property to be included in TIF District No. 1-35. City Council calls for public hearing on the proposed Moditication to the Redevelopment Plan for Central Monticello Redevelopment Project No. I and the proposed establishment of Tax Increment Financing District No. 1-35. Letter received by County Commissioner giving notice of potential redevelopment tax increment tinancing district (at least 30 days prior to publication of public hearing notice.) [Ehlers & Associoles 10 fox and mail on July J I, 2005.} Fiscal/economic implications received by School Board Clerk and County Auditor (at least 30 days prior to public hearing). fEhlers & Associates to fax & mail on Julv 22, 2005} provides report on redevelopment qualitications. Planning Commission reviews Plans. HRA considers the Plans and adopts a resolution approving the Plans. Ehlers & Associates conducts internal review of Plans. . EHLERS sc - 3<6 . . . - PRELIMINARY SCHEDULE OF EVENTS - PAGE 2 MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY AND THE CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA FOR THE MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1 AND THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT 1'10.1-35 (a renewal and renovation district) August 11,2005 Date of publication of hearing notice and map (at least 10 days but not more than 30 days prior to hearing). [J\1onlicello Times publico/ion deadline, Au"usl 8, 2005 - Ehlers & Associa/es 10 submil nOlice and map /0 new.\paper viafilX and mail or email on Augusl 5, 2005.} August 22, 2005 City Council holds public hearing at 7:00 P.M. on a Modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. I and the establishment of Tax Increment Financing District No. 1-35, and passes resolution approving the Plans. [Ehlers & Associales 10 email Council packel injiml/aliol/ 10 Ihe City on AugusI 12, 2005} By December 31,2005 Ehlers & Associates files Plans with the MN Department of Revenue, requests certification of the TIF District with Wright County. ""Because the City starr believes thal the proposed lax increment financing district 'tv'il] not require unplanned COlll1t,Y road improvements, the TrF Plan \V(lS not forwarded to the COllnty Board 45 days prior to the public hearing. The County' Board, by Jaw. has 45 days to revic\\ the TlF Pl<l!l to determine ifany county roads will be impacted by the development. Please be mvare that the County Board could claim that tax increment should be used for (;ounty roads. cven aner the public hearing. . EHLERS "BO,,,,,, ,"'C 5G- 3~ . 50. . . City Council Agenda - 07/25/05 Consideration to ann rove a resolution callin!! for a nublic hearin!! bv the City Council on the nronosed adontion of the modification to the Redevelonment Plan for Central Monticello Rcdevelonment Proiect No.1 and the nronosed establishment of TIF District No. 1-36 therein and the adontion of the TIF Plan therefor. Annlicant: Rockv Mountain Groun. LLC. (O.K.) A. Reference and Back!!round: The Housing and Redevelopment Authority in and for the City of Monticello requests the City Council approve a resolution calling for a public hearing date of August 22, 2005. The public hearing is associated with the modification of the Redevelopment Plan of the Central Monticello Redevelopment Project No. I and establishment ofTIF District No. ] -36 and the TIF Plan. T1F District No. 1-36, an Economic District is being created to assist in the write-down ofland and infrastructure costs and trunk fees associated with the land sale to Roeky Mountain Group, LLC. Rocky Mountain Group, LLC plans to construct a 54,000 sq ft office/distribution center in the city-owned industrial park known as the Monticello Business Center. The proposed project will retain 28 full-time permanent jobs at an average wage level of $20.21 per hour without benefits and create an additional three jobs for a combined average wage level of $19.90 per hour without bcneJ1ts. WSB, Inc. was authorized by the HRA upon receipt of a $10,000 non-refundable deposit to begin the re-plat process for conveyance of the property. B. Alternative Action: ] . A motion to approve a resolution calling for a public hearing by the city council on the proposed adoption of the modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. I and the proposed establishment of TlF District No. 1-36 therein and thc adoption of the TIF Plan therefor. 2. A motion to deny adoption of the resolution calling for a public hearing ",..,........., 3. A motion to table any action, C. Recommendation: The City Administrator and HRA Executive Director recommend alternative no. I. I S\)-40 . D. SUDDortim! Data: Resolution for adoption and schedule of events. (Schedule of Events not received) . . 2 City Council Agenda - 07/25/05 s 0- L\ \ . . . CITY OF MONTICELLO COLNTY OF WRIGHT STATE OF MINNESOTA RESOLVrION NO. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTlO'\[ OF A MODIFICATION TO THE REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1 AND THE PROPOSED EST ABLlSHMENT OF TAX INCREIVlE'\[T FINANCING DISTRICT NO. 1-36 THEREIN AND THE ADOPTION OF A TAX INCRDIENT FINANCING PLAN THEREFOR. BE IT RESOl.VED by the City Council (the "Council") Il)r the City of Monticello, Minnesota (the "City"), as fa] lo\\s: Section 1. Public HearillQ:. This Council shallmcet on August 22.2005" at approximately 7:00 I}.i'vl., to hold a public hearing on the proposed adoption of a fV'1oclificatiol1 to the Redevelopment Plan for Central Monticello Redevelopment Project No. I (the "Redevelopment Plan Modilication"), the pl'Oposed establishment of Tax Increment Financing District No. 1-36, (a redevelopment district), and the proposed adoption ofa Tax Increment Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan Moditication and the TIF Plan are referred to collectively herein as the "Plans"), all pursuant to ancl in accordance with Minnesota Statutes, Sections 469.00 I to 469.047, and Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment ofccl1ain designated areas \\i'ithin the Cit.y~ and Section 2. Notice of Public I-Iearin~. Fil ing of Plans. City staffis authorized and directed to \vork v,ith Eh leI'S & Associates, Inc.. to prepare the Plans and to forward documents to the appropriate taxingjurisdictions including Wright County and Independent School District No. 882. The City Administrator is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official ne\vspaper of the City not later than 10, nor more than 30, days prior to August 22, 2005. and to place a copy ot'the Plans on lile in the City Administrator's office at City Hall and to make such copy available 1'01' inspection by the public. Dated: July 25,2005 Adopted: Clint Herbst, Mayor ATTEST: Rick Wolt:stellcr, City Administrator SD-L{~ . . . Council Agenda - 7/25/05 5E. Consideration of adootin!! resolution acceotin!! oetition for annexation for Monte Hill Villas develo ment and authorizin annexation under the terms of the Citv/Townshi ioint a!!rcement !!overnin!! annexation. (RW) A. REFERENCE AND BACKGROUND: The City has received a request from the property owner for the property proposed to be platted as the Monte Hill Villas. The area proposed to be annexed is 10.21 acres and its proposed use is residential. This annexation request is being processed in accordance with the provisions of the approved annexation agreement between the City of Monticello and Monticello Township. The property lies within the annexation area agreed to by the City and Township. With the approval of the previous annexation request, this parcel is now contiguous to the City. A resolution has been prepared for Council approval and a letter has been sent to the Township noting that the City is processing this annexation request according to the terms of the annexation agreement. B. AL TERNATIVE ACTIONS: ] Approve the resolution annexing the property making up the Monte Hill Villas (213-]00-241100,2]3-100-241102,213_100_241 ]03 and 213-100-134400) which is now contiguous to the City limits. This request meets the criteria set forth in the annexation agreement between the City and the Township. Upon approval of the annexation request, the resolution will be forwarded to the state who may review and comment on the annexation request but is required to order the annexation within 30 days of the receipt of the resolution. 2. Do not approve the annexation request. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator that the annexation petition covering the property making up the proposed Monte Hill Villas plat be approved and the resolution forwarded to the state. D. SUPPORTING DATA: Petition and map. SE-Q3 . . . CITY OF MONTICELLO PETITION FOR ANNEXATION . Owner's Name: L & G LLC Address: 7973 Jalger Avenue, Monticello, MN 55362 Phone: (763) 295-3390 To the Council of the City of Monticello, Wright County, Minnesota: I, the undersigned, the owner ofthe property described below, hereby request the City Council of the Monticello, Minnesota, to annex this area to the city and to extend the city boundaries to include the same, and for that purpose respectfully state: I. The area to be annexed consists of _10.21_ acres. All of this land lies entirely within the County of Wright, Minnesota, and the description of such land is as follows: Legal Description: See attached document Map: See attached map Parcel Identification #s: 213-100-241100, 213-100-241102, 213-100-241103, 213-100-134400 Total area of parcels: 10.21 acres 2. The area described above abuts upon the city limits at the South boundary thereof, and none of it is presently included within the corporate limits of any incorporated city. 3. All of this area is or is about to become urban or subur Date Signature St:.-~I.\ I ----1 ,~~-' I ----J I ____J 50 I I :, I :: ~ I ~~~ ,I 8 -- g ,l 50 I s ----.:::. Lr-II'_;; 33 !J:I -.; ~ ~: I ' :, I I Ltj I, I ~ I I Ltj' ::,; ~I --. I~I ~I I I I I I ';,' , -. ,--r== -~~ ~ - - = -~~ -~~ = -~ - - - - - - - - -,- - - -- , I i-------ii-------i \ I , I 1,11_- I I I I _-.-" "ii i '. ~];.',.',i",."..';.:; I.~ .\ i: ~L -- -- ~i.;;,,~L :o,~~ - R~~ J~ i I.... I N 8B.4"'46~ E 495.09 1 I IBM SAN. MH RIM=999.56 ,______-1_____ , I I ,; I I I I I I I I I I -1- - - - - - - - - - - --,- -- - - -- - - T -- - --- - - -4- - -- -- I I I I I ____________~---{--~O.=.:":'~- ,------+---- C:::J[= =-",,-::"" --=- = ;;;-_---=-- -=- -;-_-___=_ ---:J- i- ~_ - -\"'- - - ""- - ~- 0'_ ~ - 0'_ - - ""- - - ""- - - o<_q I I I I - r - - - - - - - - - - -1- L - - - J.. - - - - - - - I I : I : I : I on 8 .; ~ " 'j ~ ~ ~ '" '" ~ -------r---- I 0 ~ " II ~ I 5l " ~ , I -- ,/,/ '\1;;'70'/ ,/ ./ \1 '--FALL RAOI ,. ~ We-I ~ . ~ - ~ Council Agenda - 7/25/05 . SF. Consideration of approvinl!: final plat of Featherstone 2nd Addition. (JO/ AS) A. REFERENCE AND BACKGROUND: Council is asked to consider approving the final plat of Featherstone 2nd Addition. Featherstone 2nd Addition is a single-family residential development consisting of 39 units. The development area is a Planned Unit Development governed by standards identified in the zoning ordinance and in previous project approvals. The developer has previously received approval for development ofthe 1 st phase of this project. The developer is in the process of completing items required by the terms of the development agreement for both ofthose projects. It should be noted that the developer will not receive building permits, per ordinance and development agreement standards, until utility and street construction is complete for this phase. . Attached you will find a financial analysis that summarizes the finance plan supporting the development. You will note that utility fees associated with City costs to serve the area amount $206,462.04. This amount includes a special assessment for the future reconstruction of Edmonson and 85'h Avenues. The amount is based on an area charge for the reconstruction, which was spread over the entire Featherstone development. It was agreed as part of the development contract for the first phase that the above formula for the reconstruction assessments would continue to be applied throughout the development. The reconstruction amounts shown reflect the portion of those assessments for this phase. The final amount may be adjusted slightly to account for inflation increases to construction costs. Fees placed on deposit by the developer to cover city expenses relating to City Administrative overhead, erosion control, legal fees, planning fees and engineering and inspection amount to $ I 17,002.93. Total construction costs to prepare the 39 unit devclopment amount to $729,782.00, not including site grading. This cost is funded privately by the developer. A letter of credit in the amount of $928,852.50 will be provided as surety that the City can draw on to complete the project in the event of default. As the project proceeds through construction, at the request of the developer, the City allows reductions in the letter of credit. The City will retain at least $92,885.25 until the project is deemed accepted by the City, at which time the City will release the funds and accept a warranty bond. An additional letter of credit is required to guarantee required planting of boulevard trees and to assure compliance with site grading plan and maintenance of erosion control measures. This letter of credit can be reduced with the approval of the City Engineer. The City Engineer has provided comments to the developer regarding the lining of storm water ponds as recommended in the City's Well-Head Protection Study. Additionally. the City Engineer has recommended that the size of the on-site storm water ponds be reduced. At this time, it is staffs understanding he City Engineer will be working with the developer on those items. . A full copy of the draft development agreement is available upon request. This agreement and associated securities must be in place prior placement of signatures on the plat. sr -'- 46 . . . Council Agenda - 7/25105 B. ALTERNATIVE ACTIONS: I. Motion to approve the Featherstone2"d Addition final plat, subject to compliance with the City Engineer's recommendations for site development, and to approve the Featherstone 2"d Addition development agreement. 2. Motion to deny approval of Featherstone 2nd Addition final plat and development agreement for reasons to be determined by the City Council. C. STAFF RECOMMENDATION: The City Administrator recommends Alternative I. D. SUPPORTING DATA: Featherstone 2"d Addition Finance Plan Featherstone 2"d Addition Final Plat 5~- L\ 1 ----...-,----- T- - --n---rcdIIU UI;;:UIG<:luori"m3S"gdoridensilv (formIJI", hF'lnwi FEATHERSTONE 2nd ADDITION SUMMARY OF EXPENSES/FINANCE PLAN 2nd of 4 Phases DKAJ- I UI'IL.l Park Dedication Provided Park Dedication Required Park Dedication Deficiency Park Dedication Deficiency as a percent of total Prevailing Park Dedication Net Park Park Dedication Required per Unit Total Park Dedication Required Pathway 51,500 Land dedication based on density (formula belo 1 acre per 75 persons 2.5 multi family, 3.5 single family x unit count Divide by 75 for acreage required. No charge. dedication satisfied with 15t phase v3 13-Jul-OS Total Units in Phase 220.5 gross net 19.85 gross 12.04 net 297 197 Single Family 100 Townhome 39 Single Family o Townhome Total Acres in Development Total Acres in Phase . Units in Development $248 39 $9.672.00 Unit charge Special Assessments Reconstruction of Edmonso Reconstruction of 85t Per Lot Assessment based on ( 39 ) units 2.00% $500 $60 0.50% 0.50% 7.00% 3.00% 39 39 S14,595.64 Flat rate; no reconciliation at project completion $19,500.00 Escrow deposit per unit $2,340.00 Flat rate: no reconciliation at project completion $3,648.91 Reconciled at project completion $3,648.91 Reconciled at project completion $51.084_74 Reconciled at project completion 511,238.0 Reconciled at project completion 4 times annual taxes due to County $10,946.73 Reconciled at project completion Pond Lining/Filling Sanitary Sewer Watermain Storm Sewer Roads, Driveways and Sidewalks $160,82200 $126,941.00 $156,88700 5285.132.00 Conservation Easement Posts $200 Lot Corners/Iron Monuments $300 Total Construction Cost for the purpose of calculating LOC 8 39 $1.60000 $11,700 ~. ,,"' k. .,,, Maximum allowable reduction prior to acceptance and bond 90.00% $835,967.2 ing caping ding Tree Preservation Record Drawings/As-Builts 19.85 84 SSg.SSO.OO Escrow deposit or LOC per acre $16,800_00 $200 per tree, 2 trees per lot 4 on corner lots WSB to confirm lot count NfA NlA , n .",. ,ar s~ _4'6 - ! \:~,;i,~ ~ Jl i~ ! j :~ o -t- ~ .....';;'" I c:. 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N01':l6'50"E S2- CIj trJ '-3 tJ:i CI) ~~ O~ ~~ ~~ ~CI) ~>-.:.3 0-....;0 ~~ Otrj ~ 5\=--51 . . . SG. Council Agenda - 7/25/05 Authorize the preparation of a Feasibility Studv to Extend Utilities to the Hidden Forest and Sunset Ridge Developments (City of Monticello Project No. 200S-03C) (WSB) A. REFERENCE AND BACKGROUND: B. The Hidden Forest and Sunset Ridge developments are two individually owned, proposed connected plats consisting of 173 acres located just outside of the cast City boundary adjacent to the recently constructed Sunset Ponds development. These projects propose approximately 249 unattached units (single-family homes). This property is proposed to be jointly developed by Mark Wolston and Brad Pauman. The City Council has already approved the preliminary plat for the Hidden Forest development subject to comments by City StatT Since this development is outside the cast City limits, extension of sanitary sewer and water systems to serve the site needs to be evaluated. as well as evaluation of a storm water outlet for the area as it is associated with providing a new outlet to Ditch 33. The City Council has previously authorized a sanitary sewer and water main study to evaluate the existing sanitary sewer and water systems capacities and downstream improvements needed to serve the development as well as adjacent potential development. Extension of sanitary sewer and water main is proposed to extend along CSAH 39 and a storm sewer outlet to extend across CSAH 39 to the Mississippi River. In order to evaluate the constructability and feasibility of extending these utilities. a field survey. preliminary design. and cost estimate will be included in the feasibility report to be combined with the utility study. ALTERNATIVE ACTIONS: I. Authorize the preparation of a Feasibility Study for extending utilities to the Hidden Forest and Sunset Ridge developments subject to the developer providing an $14.000 deposit to pay for the field survey and completion of the study. 2. Do not authorize the preparation of the study at this time. C. STAFF RECOMMENDATION: It is the recommendation of the City Engineer. Deputy City Administrator, and Public Work Director to select Alternative No. I. SG, - Sd (':,J!()( '/...:.\f1': i,fJ.-lIJ'/Ii( ;g..I.1 '/',!.I)( ',-!I.S-.j""'''I,',A( ;,V1I:.1f-lfidd"!1 (i"'.,.,, .l'1I,,-,,-llli<1;:<' "I_:,-jSIll'I~II-!5(J5."fI' . . . City Council Agenda - 07/25/05 7. Continued Public Hearinl! - Consideration to approve a resolution adoptinl! a modification to the Redevelopment Plan for Central Monticello Redevelopment Proiect No.1; and establishinl! TIF District No. 1-34 (a Renewal and Renovation District) therein and adootinl! a TlF Plan therefor. Applicant: City of Monticello (OK) A. Reference and Backl!round: THIS IS A CONTINUED PUBLIC HEARING On June 27,2005, the City Council opened this public hearing and motioned to continue the public hearing to July 25, 2005. The public hearing was continued for the purpose to re-notice the taxing jurisdictions of a change in the size of the proposed TlF District. The taxing jurisdictions received a copy of the amended TIF Plan on June 24, 2005, meeting the Minnesota Statutory requirement of a 30-day notice for comment. The public hearing was rc-noticed in the local newspaper on July 14,2005, at least 10 days prior to the continued public hearing, for compliance with Minnesota Statutes. RESOLUTION FOR ADOPTION First. adoption of the resolution modifies the Plan of the Central Monticello Redevelopment Project No. I and enlarges its boundary lines to include the A VR site (annexed June 9, 2005) and Otter Creek Crossing (future development 01' city-owned business center.) Parcels must be annexed and lie within the Central Monticello Redevelopment Project :--lo. I boundaries prior to creation of a TIF District. Secondly. adoption of the resolution establishes the Plan for TIF District No. 1-34. TIF District No. 1-34, a Renewal and Renovation District, is being established to assist in covering a portion of the city's cost and to minimize the impact of a higher than expected payment for land and public improvement costs associated with the construction of the 1-94 and County Road 18 Interchange. The maximum life of the district is 15 years. Mike Fischer, LlIB Inc., was hired to inspect the properties of Dahlheimer's Distribution and AME Group, Monticello (A VR) and to prepare a report of its findings. The interior ofthese buildings were inspected to meet the coverage and structurally substandard test for establishment of a Renewal and Renovation TlF District per the Minn. Statutes. l-S~ City Council Agenda - 07/25/05 . The TIF Plan for TIF District No. 1-34 was prepared by Ehlers & Associates. The HRA adopted a resolution modifying the Plan of Central Monticello Redevelopment Project No.1 and approving the establishment ofTIF District No. 1-34 on June 27, 2005. On June 7, 2005, the Planning Commission adopted a resolution stating that the modification and establishment of the Plan for TIF District No. 1-34 conforms to the general plans for development and redevelopment of the City. It is important to recognize that the boundaries ofTIF District 1-34 include the platted parcels of the Super Target Store, the easterly outlots (proposed 35,000 sq ft ofrctail), and site under condemnation. It does not include the parcels intended for Home Depot, the retail strip mall, and outlots located to the west of Highland Way. Since the District boundaries only covcr a portion ofthe new devclopment, the remaining portion of the ncw dcvelopment will disburse immediate economic benefit to thc City. Secondly, it is important to recognize that the TIF revenues will be used to reduce a portion of the citv's cost associated with acquisition of the site under condemnation and the public improvements such as ramps, bridges, ponding, etc. TIF will not be used to assist the private sectors sueh as Ryan or Weinand. When the development is fully built-out within the TIF District, the total tax increment over 15 years is estimated to be $5.4 million. . Adoption of the final plat for Cnion Crossings was approved at the City Council meeting of June 13,2005. TlF District No. 1-34 will be certified at the County after the Union Crossings plat is recorded and new PID numbers assigned. As the applicant is the City of Monticello, therc is no Contract for Private Redevelopment. At a later date, the City and HRA will enter into a Pledge Agreement wherein the HR.i\ will agree to pledge the tax increment from the District No. 1-34 to retire the general obligation bonds associated with the project. The resolution for adoption states the City Council makes following findings: 1. Type of Distriet and Supporting Data 2. Conforms to General Plan of City 3. Consistent with Project Plan 4. "But For" Test CLOSE THE PUBLIC HEARING PRIOR TO ADOPTION OF THE RESOLUTION. . 2 I_SL\ City Council Agenda - 07/25/05 . 1. Alternativc Action: ~ ~~ 't) ..rI\ -\ A motion to approve a resolution adopting a modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. I and establishing TlF District No. 1-34 therein and adopting a TIF Plan therefor. B. 2. A motion to deny approval of a resolution adopting a modification to the Redevelopment Plan for Central Monticello Redevelopment Project No.1 and establishing T1F District No. 1-34 therein and adopting a TIF Plan therefor. 3. A motion to table any action. C. Recommendation: The City Administrator and Economic Development Director recommend alternative nO.I. The district meets the requirements of a Renewal and Renovation District and will reduce the higher than expected city costs associated with the development of the interchange. D. SUDDortill!! Data: . Resolution for adoption, public hearing notice, TIF District No. 1-34 Plan, and Renewal and Renovation Inspection Report. . , ~ '\ _ Ss . . . CITY OF MONTICELLO COUNTY OF WRIGHT STATE OF MINNESOTA Council member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO. I; AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 1-34 THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") of the City of Monticello, Minnesota (the "City"), as follows: Section I. Recitals. 1.0 I. The Board of Commissioners (the "Board") of the Monticello Housing and Redevelopment Authority (the "HRA") has heretofore established Central Monticello Redevelopment Project No. I and adopted the Redevelopment Plan therefor. It has been proposed by the HRA and the City that the City adopt a Modilication to the Redevelopment Plan for Central Montieello Redevelopment Projeet No. I (the "Redevelopment Plan Modilication") and establish Tax Increment Financing District No. 1-34 (the "District") therein and adopt a Tax Increment Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the "Plans"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.00 I to 469.047 and Sections 469.174 to 469.1799, all inclusive, as amended, (the "Act") all as refleeted in the Plans, and presented for the Council's consideration. 1.02. The HRA and City have investigated the facts relating to the Plans and have caused the Plans to be prepared. 1.03. The HRA and City have performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Plans, including, but not limited to, notification of Wright County and Independent School District No. 882 having taxing jurisdiction over the property to be included in the District, a review of and written comment on the Plans by the City Planning Commission, approval of the Plans by the HRA on June 27, 2005, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the "Reports") relating to the Plans and to the activities contemplated therein have heretofore been prepared by staff and eonsultants and submitted to the Couneil and/or made a part of the City Iiles and proeeedings on the Plans. The Reports inelude data, information and/or substantiation constituting or relating to the basis for the other lindings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this rcsolution to the same extent as if set forth in full herein. 1.05 The boundaries of Central Monticello Redevelopment Project No. I (the "Project") are l-S\.o . . . being expanded. The additions to the Project include (]) a portion of the District, and (2) an area for future development south and west of the current Project boundaries. The portion of the District that will be added to the Project area has been annexed by the City, which annexation was approved through the State of Minnesota's Chief Administrative Law Judge sIgning the State's resolution approving the annexation on June 9, 2005. Section 2. Findings for the Adoption and Approval of the Redevelopment Plan Modification. 2.0 I. The Council approves the Redevelopment Plan Modification, and specifically finds that: (a) the land within the Project area as expanded would not be available for redevelopment without the financial aid to be sought under this Redevelopment Plan; (b) the Redevelopment Plan, as modified, will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Project by private enterprise; and (c) that the Redevelopment Plan, as modified, conforms to the general plan for the development of the City as a whole. Section 3. Findings for the Establishment of Tax Increment Financing District No. 1-34. 3.01. The Council hereby finds that the District is in the public interest and is a "renewal and renovation district" under Minnesota Statutes, Section 469.174, Subd. lOa. 3.02. The Council further finds that the proposed redevelopment would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result trom the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan, that the Plans conform to the general plan for the development or redevelopment of the City as a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the redevelopment or development of the District by private enterprise. 3.03. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. Section 4. Public Pumose 4.0]. The adoption ohhe Plans conforms in all respects to the requirements of the Act and will help fulfill a need to redevelop an area of the State of Minnesota which is underutilized, and that the adoption of the proposed TlF Plan will preserve and enhance the tax base of the City and the State because it redevelop substandard areas, provide an impetus for commercial and industrial development by improving the efficiency of the transportation system, including access to the interstate highway system and roads adjacent to the interchange with the interstate highway, and thereby serves a public purpose. Section 5. Approval and Adoption of the Plans. 5.01. The Plans, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the Executive Director of the HRA. -l~t;l 5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and to negotiate, draft, prepare and present to this Council . for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03 The Auditor of Wright County is requested to certify the original net tax capacity of the District, as described in the Plans, and to certify in each year thereafter the amount by which the original net tax capacity has increased or dccreascd; and the HRA is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04. The City Administrator is further authorized and directed to file a copy of the Plans with the Commissioner of Revenue and the Officc of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. The motion for the adoption of the foregoing resolution was duly seconded by Council member , and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: . Dated: July 25, 2005 ATTEST: Clint Herbst, Mayor Rick Wolfsteller, City Administrator (Seal) . I~ 'S~ -~ . EXHIBIT A RESOLUTION NO. The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan (TIF Plan) for Tax Increment Financing District No. 1-34 (TIF District No. 1-34) as required pursuant to }viS.. Section 469.175, Subd. 3 are as follows: 1. Finding that the TlF District No. 1-34 is a renewal and renovation district as defined in lv1.S.. Section 469.174, Subd. lOa. TIF District No. 1-34 consists of eight parcels, delineated in the TIF Plan, for the purpose of constructing of various public improvements including a new interchange with Interstate 94 and a portion of the public improvements adjacent to the District. TIF District No. 1-34 is in the public interest because it will it redevelop substandard areas, provide an impetus for commercial and industrial development by improving the efficiency of the transportation system, including access to the interstate highway system and roads adjacent to the interchange with the interstate highway, and preserve and enhance the tax base of the state. At least 70 percent of the area of the District consists of occupied parcels and at least 15 % of the area of the occupied parcels are covered by buildings, streets, utilities, paved or gravel parking lots, or other similar. (See Appendix E ofthe T1F Plan.) . 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely Through private investmenT within the reasonably foreseeable future and that the increased market value of the site that could reasonablv be expected to occur without the use of tax increment .financing 'would he less than the increase in the market value estimated to result from the proposed development afier subtracting the present value of the projected tax increments fiir the maximum duration ofTlF District No. 1-34 permitted by the TIF Plan. The proposed development, in the opinion of the City, would not reasonablv be expected to occur solely through private investment within the reasonably foreseeableluture: This finding is supported by the fact that thc redevelopment proposed in this plan meets the City's objectives for redevelopment. Due to the high cost of redevelopment on the parcels currently occupied by substandard buildings, the limited amount of commercial/industrial property for expansion adjacent to the existing project, the incompatihle land uses at close proximity, and the cost of financing the proposed improvements, this project is feasible only through assistance, in part, from tax increment financing. The interstate interchange project requires substantial public and private investment. The City's engineer has negotiated with land owners adjacent to the new public improvements and has set special assessment levels for benefited properties. However, the special assessments are not sufficient to cover all costs of the project. The County will be paying for $2,000,000 of the road costs associated with the project and the State of Minnesota will also contribute to the acquisition and construction costs associated with the interchange. Without tax increment financing, the City's share of the project costs, even after the other public and private sources, is over $6,000,000 plus various storm sewer utility costs. The City's share could be higher if the award for the A VR site under condemnation is substantially more than the City's initial appraisal. Tax increment financing from a portion of the new development (the Target store and an adjacent outlot) will help to reduce the City's share of the development reduce the tax burden to City residents only. The interchange is expected to benefit all resident in the County, City and School District. Without TIF, the City would have not proceeded with the interchange and must less than 50% of the new commercial development would have occurred within the foreseeable future. (See attachment in Appendix F of the TIF Plan.) .~ . \-SC\ . . . The increased market value of the site that could reasonably be expected 10 occur without the use of tax increment financing l>vould be less than the increase in market value estimated to result ji'om the propm;ed development after subtracting the present value of the projected tax increments for the maximum duratiun ofTIF District No. 1-34 permilled by the TIF Plan: The City supported this finding on the grounds that the cost of public improvements, acquisition of substandard and incompatible buildings all add to the total development cost. The interchange is expected to benefit all resident in the County, City and School District. Without TIF, the City would have not proceeded with the interchange and must less than 50% of the new commercial development would have occurred within the foreseeable future. This site and surrounding sites have been marketed for several years without success. Therefore. the City reasonably determines that no other redevelopment of similar scope is anticipated on this site without substantially similar assistance being provided to the development. To summarize this finding: a. The City's estimate of the amount by which the market valuc of the site will increase without the use of tax increment financing is $0 (for the reasons described above), except some unknown amount of appreciation. b. If the proposed development to be assisted with tax increment occurs in the District, the total increase in market value would be approximately $ I 5, 198,700. The increase in market value would be due primarily to new construction within the District. (See Appendix 0 and F ofTIF Plan). c. The present value oftax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be no more than $3,523,505 (See Appendix F ofTIF Plan) d. Even if some development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $1 1,675, I 95 (the amount in clause b less the amount in clause c) without tax increment assistance. 3. Finding that the TIF Plan for HF District No. 1-34 conforms to the general plan for the development or redevelopment qfthe municipality as a l-vhole. The Planning Commission reviewed the T1F Plan and found that the TIF Plan conforms to the general development plan of the City. 4. Finding that the TIF Plan for TIF District No. 1-34 will ajjiJrd maximum opportunity, consistent with the sound needs of the City as a whole, jiJr the development of Central l'vfonticello Redevelopment Project No.1 by priwlle enterprise. The project to be assisted by the District will result in preservation and enhancement of the tax base, and an impetus for commercial and industrial development by improving the efficiency of the transportation system, including access to the interstate highway system and roads adjacent to the interchange with the interstate highway '1 - too '"1 thInK mat aOCK snoUlU bc railed all the way around and not made for boaters." Stumpf, a firefighter, had been in that area of the river recently, doing training with the fire department's rubber raft. Herbst agreed about safety concerns, "If you fell off that dock, you wouldn't want to fall off that side if the current's strong." he said, noting that anyone who fell off could be pulled under the dock. Council member Wayne Mayer also agreed. "Without that railing there, it becomes a very attractive nuisance for little ones," he Public Notices elsewhere in the city, at.West Bridge Park and Montissippi County Park. But Simoudet planued to have a specific feature on his dock that made it user.friend. ly for both fishing and boat- . ing. .His plan called for rail. ings. but one section of the dock on the upstream side to not havc a railing, so that it could be used by people launching or landing their boats at the ramp. The dock would be up to DNR standards and was approved by the Monticello Parks Commission, Simondet told the council Monday. While the council's feed- . NOTICE OF CONTINUED PUBLIC HEARING CITY OF MONTICELLO WRIGHT COUNTY STATE OF MINNESOTA N?TICE l~ HEREBY GIVEN that the City Council of the City of Mon~lcel\o, Wnght County, State of Minnesota, will hold a continued public heann~ on July 25, ~OO~, at approximately 7:00 P.M. at the Monticello City Cou~cll Chambers In City Hall, 505 Walnut Street, Monticello, Minnesota, relatmg to t~e proposal of the City of Monticello {the "City") to enlarge Central.Mo~tlcello Redevelopment Project No.1 (the "Project") and adopt a M?~lfi~atl?n to the Redeyelopment Plan (the "Redevelopment Plan Modification) therefor, establish Tax Increment Financing District No. 1-34 (a renewal and renovation tax increment financing district) therein and adopt a Tax Increment Financing Plan (the "T1F Plan") therafo~ (the Redevelopment Plan Modification and the TIF Plan are referred to collec- tively herein as the "Plans"), pursuant to Minnesota Statutes, 469.001 to 469.~47 and Sections 469.174 to 469.1799, all inclusive, as amended. Copies of the ~lans ar~. on file and. available for public inspection at the office of. the City Administrator at City Hall. A map of the project. as pro- posed to be enlarged, and Tax Increment Financing District No. 1- 34 therein, is set forth below. The additions to the Project include (1) a portion of propose€! Tax Increment Financing District No. 1-34, and (2) an area for future development south and west of the current Project boundaries. The portion of Tax Increment Financing District No. 1-34 that will be added to the Project area has been annexed by the City, which 4' annexation is anticipated to be . finalized by the date 01 the public heanng. Subject to certain limitations, tax increment from Tax Increment Fi~ancing Distri?t No. 1-34 may be spent on eligible uses within the bound- aries 0.1 the Project as enlarged. All Inter:sted persons may appear at the hearing and present their views orally or pnor to the meeting in writing. BY ORDER OF THE CITV COUNCIL OF THE CITY OF MONTICELLO MINNESOTA. ' -Rick Wolfsteller City Administrator (July 14, 2005) """..~t"'S,..~.,,,,",,,.,";r.,n"","" (''''R,,_''''~T><l(U,'' ""U1\',c,,,.,,,,,,,\""''''I'~' ""',,' ""~,,,'-':LLo\ ..."~,~""";n','''''''''''' . State of Minnesota SECRETARY OF STATE CERTIFICATE OF ASSUMED NAME . . Minnesota Statutes Chapter 333 . The filing of an assumed name does not provide a user with exclusive rights to that name. The filing is required for consumer protection in order to enable consumers to be able to identify the true owner of a business. 1. State the exact assumed name under which the business is or will be conducted (one business name per application): Auction Action. 2. State the address of the prinCipal place of business. A complete street address or rural route and rural route box number is required; the address cannot be a PO. Box: 115 W. Broadway, Monticello, MN 55362. 3. Ust the name and complete street addrElljlJ'_pf ",II p...r.........- -~.--. business under the ..bove ~,-,1'7">_ ....'--~ -- ~,...~ _~_u-'___ .~.- . to make sure the final plan ror the dock would be what the council wanted. "I have no problem approving it at all," Stumpf added. Simondet told the Times Tuesday that he was glad to have the go-ahead for his dock. "The city council kind of shut down my boarding dock idea, but the dock idea is still pretty good," he said. "I'm pretty happy that they approved it anyway." He said he expects to have the dock finished at the begin- ning of October. He is looking for donations to help with the LIlcUl ;:)UJ.lJ.lD.1. 'J"'''-~~~~ -~-- director positions in the area. and she was considering seek: ing employment elsewhere. The council voted to increase its monthly contribu- tions to the senior center by $1,000 starting this month to give Loidolt an immediate raise, as the senior center board requested. Loidolt has agreed to stay at Monticello Senior Center as director for the immediate future. The council will reexamine the city's contribution to the senior center as it prepares to set its 2006 budget later this year. The city currently con- tnbutes $34,000 a year to the sr sil rr C co c;: n< bl e: B h ti Ir 51 CI . sl si II tI " c ti e . STATE OF MINNESOTA DISTRICT COURT COUNTY OF WRIGHT TENTH JUDlctAL DISTRICT PROBATE DIVISION IN RE: Estate 01 Court File No. P805-2262 ORDER AND NOTICE OF HEAR- ING ON PETITION FOR PROBATE OF WILL AND APPOINTMENT OF DELORA LOUISE SEVERSON PERSONAL REPRESENTATIVE IN Deceased UNSUPERVISED ADMINISTRA- TION AND NOTICE TO CREDI- TORS TO ALL INTERESTED PERSONS AND CREDITORS: It is Ordered and Notice is hereby given that on the 19th day of August 2005, at 9:30 a.m., a hearing will be held in the above~named Court at Wright County Courthouse, 10 NW 2nd Street, Buffalo, Minnesota for the formal probate of an instrument purporting to be the Will of th~ above-named decedent, dated December 1, 1994, and for the appointment of JANICE L. S~VERSO.N, whose address is 2901 34th Avenue South, Apt. #2, Minneapolis, MN 55406, as personal representative of the estate of the ~bove-named deceden~ in u1")supervised administration, and that any objec- tions. theret~ must be filed WIth the ~ourt: That, if proper and no objections are fIled, said personal representative will be appointed to administer the estate, to collect all assets, pay all legal debts, claims, taxes and expenses, and sell real and personal property, and do all necessary acts for the estate. Upon completion of the administration, the representative shall file a final account for the allowance and shall distribute the estate to the persons thereunto entitled as ordered by the Court and close the estate. Notice is fu~her given that ALL CREDITORS having claims against said estate are requ!r~d to prese.nt .the same to said personal representative or to the Court AdministratIon Within four (4) months after the date of this notice or said claims will be barred. DATED: July 5, 2005 -Dale E. Mossey, Judge of District Court Gregory V. Smith, Attorney, Smith, Paulson, O'Donnell & Associates, PLC, 207 South Walnut St., P. O. Box 668, Monticello, MN 55362 763-295- 2107, Alt. 10 #102453 (July 14, 21,2005) fi P S f, iJ 9 r r s r , ( f ADVERTISEMENT FOR BIDS FOR DELIVERY AND INSTALLATION OF A MODULAR RESTROOM FACILITY AT ELLISON PARK IN THE CITY OF MONTICELLO, MINNESOTA Notice is hereby given that sealed bids for the delivery and installation of a modular restroom facility at Ellison Park will be received by the City of Monticello until 2 p.m. on Tuesday, July 26, 2005. Bids will be publicly opened and read aloud at said time. . ~ids shall b~ .su~mitted on the Bid Form which is attached to the speci- flc:atlons. SpeCifications are on file with the office of the Public Works Dlrec.tor, 909 Golf Course Road, Monticello, Minnesota 55362. SpeCifications will be furnished free upon request. . All bids must be sealed and marked "Modular Restroom Facilitv g,t (;"111-"'''' Park", and addre~~d to 1:l1e pc>bJlc "^,,,,,r"- ......----..-. -' - such ......"---~ -- .l - eo\ . . . Dra[i as of July 21, 2005 for eit}' Council Review/Continued Public Hearing MODIFICATION TO THE REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO. 1 and the THE TAX INCREMENT FINANCING PLAN for the establishment of TAX INCREMENT FINANCING DISTRICT No. 1-34 (a renewal and renovation district) within CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1 MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY CITY OF MONTICELLO COUNTY OF WRIGHT ST ATE OF MINNESOTA Public Hearing: June 27, 2005 Public Hearing Continued: July 25, 2005 Adopted: 01 Prepared by: EHLERS & ASSOCIATES, INC. 3060 Centre Pointe Drive, Rosevi\\e, Minnesota 55113-1105 651-697-8500 fax: 651-697-8555 www.ehlers-inc.com EHLERS & ASSO:IATES INC [_ la~ . . . TABLE OF CONTENTS (for reference purposes only) SECTION I - MODIFICA T10N TO THE REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1 Foreword ." . . . . . . . . . . . . . . . . . . . . . . . . Expansion of Project. . . . . . . . . . . . . . . . . . . . . . . . . 1-1 1-1 1-1 SECTION 11- TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-34 . . . . . . . . . . . . . . 2-1 Subsection 2-1. Foreword................... . . . . . . . 2-1 Subsection 2-2. Statutory Authority ...... ........ ........... 2-1 Subsection 2-3. Statement of Objectives . . . . . . . . . . . . . . . 2-1 Subsection 2-4. Redevelopment Plan Overview. . . . . . . . . . . . . . . . .. 2-1 Subsection 2-5. Description of Property in the District and Property To Be Acquired 2-2 Subsection 2-6. Classification of the District. . . . . . . . . . . . . . . . . . 2-2 Subsection 2-7. Duration of the District. .. . . . . . . . . . . . . . . .. 2-3 Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements. . . 2-3 Subsection 2-9. Sources of Revenue/Bonded Indebtedness . . . . . . . . 2-4 Subsection 2-10. Uses of Funds. . . . . . . . . . 2-5 Subsection 2-11. Business Subsidies . . . . . . . . . . . . . . 2-6 Subsection 2-12. County Road Costs.. ........ . . . . . . . . . . . . . .. 2-7 Subsection 2-13. Estimated Impact on Other Taxing Jurisdictions. . . . 2-7 Subsection 2-14. Supporting Documentation ....... . . . . . . . 2-8 Subsection 2-15. Definition of Tax Increment Revenues 2-8 Subsection 2-16. Modifications to the District 2-8 Subsection 2-17. Administrative Expenses. . . . . . . . . . . . . 2-8 Subsection 2-18. Limitation of Increment ....... . . . . . . . . . . . . . . 2-10 Subsection 2-19. Use of Tax Increment ............... 2-11 Subsection 2-20. Excess Increments ....... ....................... 2-11 Subsection 2-21. Requirements for Agreements with the Developer 2-11 Subsection 2-22. Assessment Agreements ............................. 2-12 Subsection 2-23. Administration of the District . . . . . . . . . . . . . . . . . . . 2-12 Subsection 2-24. Annual Disclosure Requirements. . . . . . .. .... . . . . . . . . . . .. 2-12 Subsection 2-25. Reasonable Expectations. . . . . . . . . . . . . . 2-12 Subsection 2-26. Other Limitations on the Use of Tax Increment. 2-13 Subsection 2-27. Summary . . . . . . . . . . . . . . .. ........ 2-13 APPENDIX A PROJECT DESCRIPTION APPENDIX B MAP OF CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1 AND TIF DISTRICT NO. 1-34. . . . . . . . . . . . .' .. . . . . . . . APPENDIX C DESCRIPTION OF PROPERTY TO BE INCLUDED IN TIF DISTRICT. . . . APPENDIX D ESTIMATED CASH FLOW FOR TIF DISTRICT NO. 1-34 . ....... A-1 ...... B-1 C-1 ... 0-1 1_\03 . APPENDIX E REDEVELOPMENT QUALIFICATIONS FOR TIF DISTRICT NO. 1-34 . APPENDIX F BUT/FOR QUALIFICATIONS. . . . . E-1 ......... F-1 1- ~y . SECTION I - MODIFICA T10N TO THE REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1 Foreword The following text represents a modification to the Redevelopment Plan (the "Project Plan") for Central Monticello Redevelopment Project No. 1 (the "Project"). Generally, the goals and objectives ofthe Project Plan remain unchanged. The purpose of this modification is to increase the geographic area of the Project, and recognize the establishment of Tax Increment Financing District No. 1-34 ("TlF District No. 1-34"), located partially within the prior Project boundaries and partly in the area to be added by this expansion. This modification supplements the Project Plan, a copy of which is available from the Executive Director of the BRA at the City of Monticello. Other relevant information about the Project is contained in the tax increment financing plans for each of the Tax Increment Financing Districts located \vithin the Project. Expansion of Project The Authority finds that there is a need to expand the Project area in order to remedy blight and blighting conditions, prevent the spread of blight, promote the health, safety and \veIfare orCity residents, encourage related development and redevelopment in order to protect and improve the tax base and general economic vitality of the City. More specifically, the Authority has identified two areas in \vhich future redevelopment activities may be needed to address blight, prevent the emergence of blight, or othenvise carry out the Authority's redevelopment mission. . 1. TlF District No. 1-34. Proposed TIF District No. 1-34 is a renovation and renewal tax increment financing district (for the reasons described in the TIF Plan). A portion of the property in that District was recently annexed to the City and is therefore not cutTentl)' part ofthe Project but \-vill be added atthe time of the final public hearing. The area to be added to the Project (and included in T1F District No. 1-34) is occupied by a deleterious and obsolete land use (a cement plant). Further, the existing land use impedes the redevelopment of adjacent areas, as this property is needed to construct an interchange with Interstate 94 that \vill serve this general portion of the Project. Additional details regarding the status of the existing property can be found in the analysis prepared by LHB Architects in connection with the establishment of T1F District No. 1-34, which the Authority expressly adopts as additional evidence of blight and blighting conditions for the purposes of this Redevelopment Plan modification. 2. Otter Creek Area. The area south and west of Interstate 94 and Highway 25 consists of approximately 180 acres that is partly used as a gravel mine and partly vacant. The gravel mining operation is obsolete (it \vill continue only through 2005), and a portion of the mined area needs to be reclaimed. Further, none of this property is served by City utilities, hampering it's long-tcnn potential for productive use. Given these factors combined, this area generally constitutes underused or inappropriately used land within the meaning of jVfinnesota Statutes, Sections 469.02/'5, Subd. 4 (which is an additional criteria for inclusion within a redevelopment project ). . \10nti!.:!.:lk) HOlism!). ~nd Redevdopmem i\lIthority :\'\odilkation 10th!.: R...devdopment Plan fur Central Monticello Redcvclopmcm Projc!.:t },:O. I I-I l- ~S . The Authority specifically finds that: (a) the land within the Project Area as expanded would not be available for redevelopment without the financial aid to be sought under this Redevelopment Plan; (b) the Redevelopment Plan, as modified, will afford maximum opportunity, consistent with the needs of the City as a whole, for the development of the Project by private enterprise; and (c) that the Redevelopment Plan, as modified, conforms to the general plan I'or the development of the City as a whole. The Authority further reaffirms that the Project, and the activity described in this modification to the Redevelopment Plan, is a "redevelopment projectl! within the meaning of AJinnesota Statutes, Sections 469.0IJ2, SlIbd. 14 and 460.028. . . IVlonticcllo Housing and RO:l.kvdopment i\u:hority :vlodific,\lion to the Redevelopment I'hm for Central \1unticello Redevelopment Pn1Jccl t\o. 1 1-2 'I - 19~ . . . SECTION 11- TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-34 Subsection 2-1. Foreword The Monticello Housing and Redevelopment Authority (the "HRA"). the City of Monticello (the "City"), staff and consultants have prepared the following information to expedite the establishment of Tax Increment Financing District No. 1-34 (the "District!!), a renew'al and renovation tax increment financing district located in Central Monticello Redevelopment Project No. I. Subsection 2-2. Statutory Authority \Vithin the City, there exists areas \vherc public involvement is necessary to cause development or redevelopment to occur. To this end, the HRA and City have certain statutory! pov,lers pursuant to j\1innesota Statutes ("M.S.''), Sections 469.001 10 469.047, inclusive, as amended, and M.S, Sections 469./74 to 469.1799, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act'I), to assist in financing public costs related to this project. This section contains the Tax Increment Financing Plan (the "TIF Plan") fOfTax Increment Financing District No. 1-34. Other relevant information is contained in the Modification to the Redevelopment Plan for Central Monticello Redevelopment Project No.1. Subsection 2-3. Statement of Objectives The District currently consists of eight parcels of land and adjacent and internal rights-of-\vay. The District is being created to facilitate the construction of various public improvements including a ne\v interchange with Interstate 94 and a portion of the public improvements adjacent to the District. Of the several hundred square feet of the new commercial/industrial development to be constructed as a result of these improvements (including approximately 500,000 s.f. of new retail immediately), only 200,000 s.f. of new building area are included in the District. Please see Appendix A for further project information. Contracts for this have not been entered into at the time of preparation of this TlF Plan, but development is likely to occur in late 2005 and early 2006. This TIF Plan is expected to achieve many of the objectives outlined in the Redevelopment Plan for Central Monticello Redevelopment Project No. I. The activities contemplated in the Modification to the Redevelopmeut Plan aud the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities arc anticipated to occur over the life of Central Monticello Redevelopment Project No. I and the District. Subsection 2-4. Redevelopment Plan Overview I. Property to be Acquired _ Selected property located within the District may be acquired by the HRA or City and is further described in this TIF Plan. 2. Relocation _ Relocation services, to the extent required by la\-\', arc available pursuant to AIS.. Chapter /17 and other relevant state and federal laws. 3. Upon approval ofa developer's plan relating to the project and completion of the necessary legal requirements, the HRA or City may sell to a developer selected properties that it may acquire \vithin the District or may lease land Of facilities to a developer. Monticdlo I-Ioll,ing and Redevelopment Authority rax Increment Flnallcing Plan rOT Tax lncrenl<:nt Financing Distrid No_ 1-34 2-1 I \91 - . 4. The HRA orCity may perform or provide for some or all necessary acquisition, construction, relocation, demolition, and required utilities and public streets work within the District. Subsection 2-5. Description of Property in the District and Property To Be Acquired The District encompasses all property and adjacent rights-of-way and abutting roadways identitled by the parcels listed below. See tlie map in Appendix B for further information on the location of the District. Parcel Numbcrs* 155011000122 155011000123 155011000151 155011000152 155011000153 155011000170 213000lS2300 213111000161 * The parcels are being rcplattcd or annexed. It is expected that upon approval of the District, new parcels \vill be created and TIC\\' parcel numbers vI/ill be assigned by \Nright County. The legal descriptions of the TIC\\! parcels arc currently understood to be: Parcels S, SA, SB, 9, 9A, and 10 of Wright County Highway Right-of-Way Plant No. 55 Lot L Block 1 and Outlot B, Union Crossings . The HRA or City may acquire any parcel \vithin the District including interior and adjacent street rights of way. Any properties identified for acquisition will be acquired by the HRA or City only in order to accomplish one or morc ofthc following: storm sewer improvements: provide land for needed public streets, utilities and facilities; carry out land acquisition, site improvements, clearance and/or development to accomplish the uses and objectives set forth in this plan. The HRA or City may acquire property by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this TIF Plan. Such acquisitions will be undertaken only \vhen there is assurance offunding to finance the acquisition and related costs. Subsection 2-6. Classification of the District The HRA and City, in determining the need to creatc a tax increment financing district in accordance w'ith M.s., Sections 469.174 to 469.1799, as amended, inclusive, find that the District, to be established, is a renewal and reo ovation district pursuant to M.s.. Section 469.174. Subd. lOa. as de lIned below and on the next page: (a) "Renelval and renovation district" means a tJpe a/tax hlcrementfinancing districr consisting i?la project, or portions of a project, v.'ithin 'tvhich the authoriryfinds by resolution that: (1) (i) parcels consisring (d' 70 percent i?lthe area ofrhe district are occupied by buildings. streets, utilfries, paved or gravel parking lots, or other similar structures,' (ii) 20 percent (?f the buildings are srructuralZv substandard; and (iii) 30 percent orthe other buildings require subsrantial rencn.'ation or clearance fa remove exisring conditions such as: inadequare street lnJ'out. incompatible uses or land use relationships, overcrowding of buildings on the land, excessi"ve (hvelling unit densiry, obsolete buildings not suirablefor improvement or con version, or other . lv1ontii.:cllo HOllsing and Rcdevelopmcllt Authority Tax lno:;rement Financing Plan tor Tax Increment Fin~ncing Distriu No. 1-34 2-2 ( ~ b'6 . identified hazards to the health, safety, and general well-being o( the community; and (2) the conditions described in clause (1) are reasonable distributed throughout the geographic area a/the district. (b) For purposes a/determining 'vvhether a building is structurall"l.isubstandard, 'vvhether parcels are occupied hy buildings, streets, utilities, paved or gravel parking lots. or other similar structures, or whether noncontiguous areas qual(fv, the provisions afsubdivision 10, paragraphs (c), (e), and (I) apply In meeting the statutory criteria the HRA and City rely on the following facts and findings: o The District is a renewal and renovation district consisting of eight parcels. D An inventory shov.,'s that the more than 70 oftbe area of the District consist of occupied parcels. To be occupied, at least 15% of the area of1he parcel is covered by buildings, streets, utilities, paved or gravel parking lots, or other similar structures. o An inspection ofthe buildings located within the District finds that more than 20 percent ofthe buildings are structurally substandard as defined in thc TIE Act. (Sce Appendix E), D An inspection nfthc buildings located within the District finds that morc than 30 percent of the buildings require substantial renovation or clearance to remove existing conditions such as defined in the IIF Act. (Sec Appendix F). Pursuant to A1.S. Section 469.176 Suhd. 7, the District docs not contain any parcel or part of a parcel that qualified under the provisinns of MS. Section 273.111 or 273.112 ,,(Chapter 473Hfortaxes payable in any orthe five calendar years before the filing of the request for certification of the District. . Subsection 2-7, Duration of the District Pursuant to M.S., Section 469.175, Suhd. 1, ond M.S" Section 469.176, Subd. 1, the duration of the District must be indicated within the TIE Plan. Pursuant to k1.S., Section 469,176, Subd. 1b, the duration of the District will be 15 years after receipt of the first increment by the HRA or City (a total of 16 years of tax increment). The datc of receipt by the City of thc first tax increment is expected to be 2008, Thus, it is estimated that the District, including any modifications of the TIE Plan for subsequent phases or other changes, would terminate after 2023, or when the TIE Plan is satisfied. If increment is received in 2007, the term of the District will be 2022. The HRA or City rescrves the right to decertify the District prior to the legally required date. Subsection 2-8, Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements Pursuantto MS., Section 469.174, Suhd. 7 and M.S.. Section 469.177, Subd. 1, the Original Net Tax Capacity (ONTC) as certified for the District will be based on the market values placed on the property by the assessor in 2005 for taxes payable 2006, Pursuant to MS." Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each ycar (beginning in thc paymcnt year 2008) the amount by which the original value has increased or decreased as a result of: . 1. Change in tax excmpt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; 3. Change due to adjustments, ncgotiated or court-ordered abatements; 4. Change in the use of the property and classification; 5. Change in state lavv' governing class rates; or \1onticello Ilo\lsin~ ~nd fkde\elopm<:nt i\'.lihority rax Incr<:lTI<;:nl Finam:ing Plan f()rTa~ IncremclH Financing District No. 1-34 2-3 \_IoCl . 6. Change in previously issued building permits. In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC, no value will be captured and no tax increment will be payable to the HRA or City. The original local tax rate for tbe District will be the local tax rate for taxes payable 2006, assuming the request for certification is made before June 30, 2006. The ONTC and the Original Local Tax Rate for the District appear in the table bclow. Pursuant to MS, Section 469.174 Subd, 4 and M.S, Section 469,177, Subd, 1,2, and 4, the estimated Captured Net Tax Capacity (CTC) ufthe District, within Central \1onticello Redevelopment Project No. I, upon completion of the redevelopment will annually approximate tax increment revenues as shO\\'l1 in the table below. The HRA and City request 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures, beginning in the tax year payable 2008, The Project Tax Capacity (PTC) listed is an estimate of values when the project is completed, Project Estimated Tax Capacity upon Completion (PTC) Origiual Estimated Net Tax Capacity(ONTC) Estimated Captured Tax Capacity (CTC) $347,780 $35,554 Origiual Local Tax Rate $312,226 1.22111 Pay 2005 Estimated Annual Tax lucrement (CTC x Local Tax Rate) $381,262 Percent Retained by the HRA 100% . Pursuant to MS, Section 469.177, Subd. 4, the HRA sball, after a due and diligent search, aecompany its request for certification to the COllnty Auditor or its notice of the District enlargement pursuant to Al.S, Section 469./75, Subd. 4, \vith a listing of all properties \vithin the District or area of enlargement for which building permits have been issued during the eighteen (18) months immediately preceding approval of the TlF Plan by the municipality pursuant to lvI,S" Section 469.175, Subd, 3, The County Auditor shall increase the original net tax capacity of the District by the net tax capacity of improvements for \vhich a building permit \vas issued. The City has reviewed the area to be included in the District and found no parcels for which building permits have been issued during the 18 months immediately preceding approval of the TIF Plan by the City. Subsection 2-9. Sources of RevenuelBonded Indebtedness Uses of Funds described in Subsection 2-10 will be l1nanccd primarily tbrough the annual collection of tax increments or a general obligation (GO) tax increment financing/special assessment bond and/or an internal loan. The HRA or City reserves the right to use other sources of revenue legally applicable to the HRA or City and the TIF Plan, including, bllt not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. The HRA or City may issue bonds secured by special assessments, tax increments, and general tax levies, or any combination of those sources, If the City issues tax increment bonds under Section 469,178 of the TIF Act, such bonds may be secured by any of those revenues, in \....hich case the principal amount of the bonds . I'"hmtieello Housing ilnd Redevelopment Authority Tax lncrcmcn: Financing Plan for la\ Increment Financing District No. 1-:'4 2-4 I_It:] . . . will not exceed $10,000,000. The HRA or City may also use intcrfund loans to finance eligible costs, or issue pay as your go notes to developers. Notv.,jthstanding anything to the contrary herein, the maximum principal amount of bonds that arc intended to paid with tax increments (including the portion of any bonds secured by multiple revenue sources, the principal amount of any intcrfund loans, and principal amount of any notes) will not exceed $5,900,000. This provision docs not obligate the HRA or City to incur debt. The HR.I\ or City will issue bonds only upon the determination that slIch action is in the best interest of the City. The estimated sources of funds for the District are contained in the table below. SOURCES OF FUNDS TOTAL $5,500,000 5100,000 55.600,000 $500,000 $5,400,000 Tax Increment Interest PROJECT REVE:'IIUES Intcrfund Loans Bond Proceeds Subsection 2-10. Uses of Funds Currently under consideration for the District is a proposal to facilitate the construction of various public improvements including a nc\V interchange with Interstate 94 and a portion of the public improvements adjacent to the District. The HR.I\ and City have determined that it will he necessary to provide assistance to the project for certain costs. The HRA and City have studied the feasibility of the development or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in table on the following page. I\:lonticcllo Hou"ing and R~developmenl Authority Tu,x Increment Financing Pkl11 for Tax 11llTerncnt Filwncing District !\ll. \-34 2-5 I _ II . Land/Building Acquisition Site Improvements/Preparation Public Utilities Ramps, Bridges, Streets and Sidewalks Interest Administrative Costs (up to 10%) TOTAL $3,000,000 $500,000 $100,000 $1,000,000 $750,000 $550,000 USES OF FUNDS PROJECT COSTS TOTAL $5,900,000 lnterfund Loans $500,000 Bond Principal* $5,400,000 *Including assessments, bond principal could total over $10,000,000 The above budget is organized according to the Office of State Auditor (OSA) reporting forms. It is estimated that the cost of improvements, including administrative expenses vv'hich will be paid or financed with tax increments, will equal $5,900,000 as is presented in the budget above. . Estimated costs associated with the District arc subject to change among categories without a modification to this TIF Plan. Pursuant to A1.S. Section 469.176, Subd 4(L) , revenues derived from increments must be spent only to assist the facility directly Of for administrative expenses. Subsection 2-11, Business Subsidies Pursuant to M.S. Sections //6.!.993, Suhd. 3, the following forms of financial assistance are not considered a business subsidy: (1) A business subsidy of less than $25,000; (2) Assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of business, size, location, or similar general criteria; (3) Public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; (4) Redevelopment property polluted by contaminants as defined in M.S. Section //6J552, Suhd. 3: (5) Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance provided for designated historic preservation districts, provided that the assistance is equal to or less than 500/0 of the total cost; (6) Assistance to provide job readiness and training services if the sole purpose of the assistance is to provide those services: (7) Assistance for housing; (8) Assistance for pollution control or abatement, including assistance for a tax increment financing hazardous substance subdistrict as defined nnder M.S. Section 469./74. Suh(1. 23; (9) Assistance for energy conservation; (10) Tax reductions resulting from conformity with federal tax law; (11) vVorkers' compensation and unemployment compensation; . \1onti<.:cllo Ilousing. ~l1ld Redcv<.:lopmcllt _Authority Tax Incremcnt Financing Plan forTa\ Innement Financing District NiL l-J-l- 2.6 I_[d, (12) . (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) Benefits derived from regulation; Indirect benefits derived from assistance to educational institutions; Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and bonds issued for the bendlt of an organization described in section 501 (c) (3) of the Internal Revenue Code of 1986, as amended through December 31, 1999; Assistance for a collaboration between a Minnesota higher education institution and a business; Assistance for a tax increment financing soils condition district as defined under JW.S Section 469174, SuM 19; Redevelopment when the recipient's investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current year's estimated market value; General changes in tax increment financing law and other general tax law changes ofa principally technical nature. Federal assistance until the assistance has been repaid to, and reinvested by, the state or local government agency; Funds from dock and wharf bonds issued by a seaway port authority; Business loans and loan guarantees of575,000 or less; and Federal loan funds provided through the L'nited States Department of Commerce, Economic Development Administration. The HRA will comply with MS. Sectioll 116J. 993 to 1161. 994 to the extent the tax increment assistance under this TIF Plan docs not fall under any of the above exemptions. The project is expected to be exempt under clause (3 and/or 17). Subsection 2-12, County Road Costs . Pursuant to M.S" Section 469.175, Subd. la, the county board may require the HRA or City to pay for all or part of the cost of county road improvements if the proposed development to be assisted by tax increment \-vill, in the judgement of the county, substantially increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled \vithin the next five years under a capital improvement plan or within five years under another county plan. If the county elects to use increments to improve cOlLnty roads, it mlLst notify the City within forty-five days of receipt of this TIF Plan. The HRA and City arc aware that the County could claim that tax increment should be used for county roads, even after the public hearing. Subsection 2-13. Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxingjurisdictions assumes that the redevelopment contemplated by the TIF Plan would occur \vithout the creation of the District. However, the HR.i\ or City has determined that such development or redevelopment \vould not occur IIbut for" tax increment financing and that, therefore, the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as follmvs if the "but for" test was not met: . Tax Incn:mcnl Financing Plan for Tax lncn:menl Financing District No. I-J4 2_7 IVlonlic.:clltl HOllsing and [{cdcvdopment Authority l_l3 . IMPACT ON TAX BASE Wright County City of Monticcllo ISD No. 882 90,204,086 1 \,863,014 18,405,444 Estimated Captured Tax Capacity (CTe) Uoon Comoletion 312,226 312,226 312,226 Percent of CTC to Entitv Total 0.3461 % 2.6319% 1.6964 % 200412005 Total Net Tax Caoacitv IMPACT ON TAX RATES Wright County City of Monticello LSD No. 882 Other (Hospital) Total 200412005 Percent Potential Extension Rates of Tota[ CTC Taxes 0.344140 28.18% 312,226 107,449 0.586510 48.03% 312,226 183,124 0.263790 21.60~/o 312,226 82,362 0.026670 2.18% 3 [2.226 8.327 \.221110 100.00% 381,262 . The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used for calculations is the actual 2004/Pay 2005 rate. The total net capacity for the entities listed above arc based on estimated Pay 2005 figures. The District will be cC11ified under the actual 2005/Pay 2006 rates, which \\'crc unavailable at the time this TIF Plan was prepared. Subsection 2-14. Supporting Documentation Pursuant to A1.S. Section 469.175 Suhd I, clause 7 the TIF Plan must contain identification and description of studies and analyses used to make the determination set forth in Af.S Section 469.175 Suhd 3, clause (2) and the findings are required in the resolution approving the TIF district.. Following is a list of reports and studies on file at the City that support the Authority's findings: WSB Feasibility Report for project 2004-0 I C including list of assessments to be supported by the project LHB evaluation of the condition of the buildings for the public hcaring held July 25, 2005. Ehlers pre-sale report for the City's funding plan for the intcrchange project presented July 11,2005. Staff reports to Council on interchange project in 2004 and 2005 Subsection 2-15. Definition of Tax Increment Revenues Pursuant to ,11.S., Section 469.174, Suhd. 25, tax increment revenues derived from a tax increment financing district include all of the follO\ving potential revenue sources: 1. Taxes paid by thc captured net tax capacity, but excluding any excess taxes, as computed under A1.S., Section 469.177: 2. The proceeds from the sale or lease of property, tangible or intangible, to thc extent the property was purchased by the Authority \vith tax increments; . \"onticcllo Housing and Rcdcwlopmcnt Authority Tux Increment Financing Plan for Tax Incrcmem Fin;:ncing DisLrict )\0.1-34 2-R 1_1'-1 . 3. Principal and interest received on loans or other advances made by the Authority \vith tax increments; 4. Interest or other investment earnings on or from tax increments; 5. Repayments or return of tax increments made to the Authority under agreements for districts for \vhich the request for certification \-vas made after August t, 1993; and 6. The market value homestead credit paid to the Authority under M.S, Section 273.1384. Subsection 2-16. Modifications to the District In accordance with fvf.S, Section 469.175, Subd. 4, any: l. Reduction or enlargement of the geographic area of Central Monticello Redevelopment Project No. I or the District, ifthe reduction does not meet the requirements ofM.S, SectioI1469.175, Sllbd. 4(e); 2. Increase in amount of bonded indebtedness to be incurred; 3. A determination to capitalize interest on debt if that determination \vas not a part of the original TIF Plan, or to increase or decrease the amount of interest on the debt to be capitalized; 4. Increase in the portion of the captured net tax capacity to be retained by the HRA or City; 5. Increase in the estimate of the cost of the project, in eluding administrative expenses, that will be paid or financed with tax increment from the District: or 6. Designation of additional property to be acquired by the HRA or City, sball be approved upon the notice and after the discussion, public hearing and findings required for approval of the original TIF Plan. The HRA or City must notify the County Auditor of any modification that reduces or enlarges the geographic area of Central rvlonticcllo Redevelopment Project No.1 or the District. rv1odifications to the District in the form of a budget modification or an expansion of the boundaries \vill be recorded in the TIF Plan. . Subsection 2-17. Administrative Expenses In accordance with M.S, Section 469.174, Suhd. 14, administrative expenses means all expenditures of the HRA or City, other than: 1. Amounts paid for the purchase ofland; 2. Amounts paid to contractors or others providing materials and services, ineluding architectural and engineering services, directly connected \\lith the physical development of the real property in the project; 3. Relocation benefits paid to or services provided for persons residing or businesses located in the project; or 4. Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to lvl.S.. Section 469.178; or 5. Amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clauses (1) to (3). For districts for whicb the request for certification were made before August I, 1979, or after June 30, 1982, administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. Pursuant to A1.S., Section 469.176. Sube!. 3, tax increment may be used to pay any authorized and documented administrative expenses for the District Lip to but not to exceed 10 percent of the total estimated tax increment expenditures authorized by the TIF Plan or the total tax increments, as defined by M.S, Section 469.174, Sub,1. 25, cl.ause (I.), from the District, whichever is less. . \:lomiccllo HOllsing and Rcd~velopment /\uthority fa.'. Increm~nl rinnm.:ing Pktn forTnx Increment Financing Districtl\o. 1-34 2-8 1- IS . Pursuant to lvl.S., Section 469.176, Suhd. 4h, tax increments may be lLsed to pay for the County's actual administrative expenses incurred in connection \\lith the District. The county may require payment of those expenses by February 15 of the year follO\'iing the year the expenses \vere incurred. Pursuant to lvf.S" Section 469. 177, Subd. II, the County Treasurer shall deduct an amount (currently .36 percent) of any increment distributed to the HRA or City and the County Treasurer shall pay the amount deducted to the State Treasurer for deposit in the state general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities' use of tax increment financing. This amount may be adjusted annually by the Commissioner of Revenue. Subsection 2-18. Limitation of Increment The tax increment pledged to the payment of bonds and interest thereon may be dischargcd and the District may bc terminated ifsufficicllt funds have been irrevocably deposited in the debt service fund or other escrow account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or redemption date. Pursuant to M.S, Section 469.176. Suhd. 6: . if, afier.f(ntr yearsjl'om the date qf cert{fication of the original net faX capacity of the tax increment financing district pursuant ro AI.S., Section 469.177, no demolition, rehabilitation or renovation of propert}' or other site preparation. including qualified improvement (~fa street adjacent to a parcel but not installation afutility service including snver or water s)-'stems. has been commenced on a parcel located within a tax incrementfinancing district by the authori(}' or by the owner qfthe parcel in accordance with the tax incrernentfinancing plan, no additional tax increment 11Ul}' be taken from that parcet and the original net tax capacity of that parcel shall be excluded from the original net tax capaciry of the tax increment financing district. If the authority or the ovvner of the parcel subsequenrzv cornmences demolition, rehabilitation or renovation or other site preparation on that parcel including qualified improvement ofa street adjacent to that parcel. in accordance vvith the tax incrementfinancing plan, the authori(v shall cert{f..i; to the count)! auditor that the activi(v has cmnmenced and the county auditor shall cert{f~' the net tax capacity thereofas most recent(v cert{jied by the commi::,sioner 0/ revenue and add it to the original net tax capacity 0/ the tax increment .financing district. The county auditor must enforce the provisions of this subdi-vision. The authority must suhmit to rhe coun(.v auditor evidence that the required activity has taken place/or each parcel in the district. The evidencefora parcel must be submitted by FebruarJ' I (?f'thefrJrhyearf()llovving the year in lvhich the parcel lvas certUied as included in the district. For purposes of this subdivision. qua/died improvements ofa street are limited to (1) construction or opening ola nnv street, (2) relocation qla street, and (3) suhstantial reconstruction or rebuilding qf an existing street. The HRA. or City or a property owner must improve parcels \vithin the District by approximately June, 2009 and report such actions to the County Auditor. . \1omicello !Iousing ;md Redevelopmellt Authority Tax Incremenl Financing Plan for Tax Increment Fin,mcing District \u. 1-34 1-10 I - l~ Subsection 2-19. Use of Tax Increment . The HRA or City hereby detennines that it will use 100 percent of the captured net tax capacity oftaxablc property located in the District for the following purposes: 1. To pay' the principal of and interest on bonds issued to finance a project; 2. To pay for project costs including as identified in the budget set forth in the TIF Plan; 3. To finance, or otherwise pay for other purposes as provided in AI.S, Section 469.176, Subd. 4; 4. To pay principal and interest on any loans, advances or other payments made to Of on behalf of the HRA or City or for the benefit of Central Monticello Redevelopment Project No.1 by a developer; 5. To finance or othcnvisc pay premiums and other costs for insurance or other security guaranteeing the payment when due of principal of and interest on bonds pursuant to the TIF Plan or pursuant to MS, Chapter 462C. "-'1.S, Sections 469.152 through 469.165. and/or MS, Sections 469.178; and 6. To accumulate or maintain a reserve securing the payment \vhen due of the principal and interest on the tax increment bonds or bonds issued pursuant to ,'vI.S, Chapter 462C, MS.. Sections 469.152 through 469.165, and/or M.S, Sections 469.178. These revenues shall not be used to circumvent any levy limitations applicable to the HRA or City nor for other purposes prohibited by MS., Section 469.176, Subd. 4, Subsection 2-20. Excess Increments Excess increments. as defined in M.s., Section 469.176, Subd. 2, shall be used only to do onc or more of the follmving: . 1. Prepay any outstanding bonds; 2. Discharge the pledge of tax increment for any outstanding bonds; 3. Pay into an esefm>.,' account dedicated to the payment of any outstanding bonds; or 4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. The BRA or City must spend or return the excess increments under paragraph (c) within nine months after the end of the year. In addition, the HRA or City may, subject to the limitations set forth herein, choose to modify the TIF Plan in order to finance additional public costs in Central Monticello Redevelopment Project No, 1 or the District. Subsection 2-21. Requirements for Agreements with the Developer The HRA or City \\li11 review any proposal for private development to determine its conformance with the Redevelopment Plan and with applicable municipal ordinances and codes. To facilitate this effort, the following documents may be requestcd for rcvic\v and approval: site plan, construction, mechanical. and electrical system drav..:ings, landscaping plan, grading and storm drainage plan, signagc system plan, and any other dra\vings or narrative deemed necessary by the HRA. or City to demonstrate the conformance of the development with HRA or City plans and ordinances, The HRA or City may also use the Agreements to address other issues related to the development. . \1on:icello I 11I1I~ing and Redc\'clopni<;:nt Authority Tax Increment Financing Plan for Tax Incremell, Financing District Nd. I -}4 2-11 (-11 Subsection 2-22. Assessment Agreements . Pursuant to A1.5., Section 469.177, Subd. 8, the HRA or City may enter into a \vritten assessment agreement in recordable form with the developer of property within the District \>"/hich establishes a minimum market value of the land and completed improvements for the duration of the District. The assessment agreement shall be presented to the County Assessor who shall rcvie\v the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon \\lhieh the improvements arc to be constructed and, so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, the County Assessor shall also certify thc minimum market value agreement. Subsection 2-23. Administration of the District Administration ofthe District will be handled by the Executive Director of the HRA. Subsection 2-24. Annual Disclosure Requirements Pursuant to ,lIS.. Section 469.175, Suhd. 5, 6 and 6a the HRA or City must undertake financial reporting for all tax incremcnt financing districts to the Office of the State Auditor, County Board, County Auditor and School Board on or before August I of each year. Ai.S. Section 469.175, Suhd. 5 also provides that an annual statement shall be published in a newspaper of general circulation in the HRA or City on or before August 15. If the HRA or City fails to make a disclosure or submit a report containing the infonnation required by AIS. SectIOn 469.175 Subd. 5 alld Subd 6, the OSA will direct the County Auditor to withhold the distribution of tax increment from the District. . Subsection 2-25. Reasonable Expectations As required by the TIF Act, in establishing the District, the determination has been made that the anticipated development \vould not reasonably be expected to occur solely through private investment within the reasonably foreseeable futurc and that the increased market value ofthe site that could reasonably be expected to occur \vithout the use of tax increment financing \\iould be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. In making said determination, reliance has been placed upon written representation made by the developer to such effects and upon HRA or City staff awareness of the feasibility of developing the project site. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. Such analysis is included \vith the cashflow in Appendix D. and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the District and the use of tax increments. MDnticello ! IlYJsing and Redevelopment Authority Tax In<.:remenl Financing Plan fOT TaK Increment Pinancing Dislric, t'-:o. 1-34 2-12 . \- lY> Subsection 2-26. Other Limitations on the Use of Tax Increment . 1. General Limitations. All revenuc dcrived from tax increment shall be used in accordance with the TIF Plan. The revenues shall be used to finance, or otherwise pay the capital and administration costs of Central Monticello Redevelopment Project 1\0. I pursuant to the MS., Sections 469.124 to 469.134. Tax increments may not be used to circumvent existing levy limit law. No tax increment may be used for the acquisition, construction, renovation, operation, Of maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the state or federal government. This provision docs not prohibit the llse of revenues deri\:ed from tax increments for the construction or renovation of a parking structure. Pursuant to ,\IS., Section 469.176, Subd. 41., no tax increment may be used for a commons area used as a public park or a facility used for social, recreational, or conference purposes. This subdivision docs not apply to a privately o\vned facility for conference purposes or a parking structure. 2. Poolil1!! Limitations. At least 80 percent of tax increments from the District must be expended on activities in the District or to pay bonds, to the extent that the proceeds ofthe bonds were used to finance activities vvithin said district or to pay, or secure payment of, debt service on credit enhanced bonds. Not more than 20 percent of said tax increments may be expended, through a development fund or othenvise, on activities outside of the District except to pay, or secure payment of. debt service on credit enhanced bonds. For purposes of applying this restriction, all administrative expenses must be treated as if they \vere solely for activities outside of the District. . 3. Five Year Limitation on Commitment of Tax Increments. Tax increments derived from the District shall be deemed to have satisfied the 80 percent test set forth in paragraph (2) above only if the five year rule set forth in MS, Section 469./763. SlIbd, 3, has been satisficd; and beginning with the sixth year follov..iing certification of the District, 80 percent of said tax increments that remain after expenditures permitted under said five year rule must be Llsed only to pay previously committed expenditures or credit enhanced bonds as more fully set forth in MS, Section 469.1763, SlIbd 5. 4. Renewal and Renovation District. Pursuant to MS., Section 469./76, SlIbd. 4j. At least 90 percent of the revenues derived from tax increment from a renewal and renovation district must be used to finance the cost of correcting conditions that allow designation of renev..'al and renovation districts under AI.S., Section 469.174. These costs include, but arc not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances, pollution, or contaminants, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition and rehabilitation of structures, clearing of the land, the removal of hazardous substances or remediation necessary for development of the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses ofthe HRA or City, including the cost of preparation of the development action response plan, may be included in the qualifying costs. Subsection 2-27. Summary The HRA or City is establishing the District to prescrve and enhance the tax base, rcdevelop substandard arcas, provide an impetLls for commercial and industrial development by improving the efficiency of the transportation system, including access to the interstate higlnvay system and roads adjacent to the interchange with the interstate highway. The TIF Plan for the District \vas prepared b): Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105, telephone (651) 697-8500. . rVlonticcllo I lousing ,lnd Kcdevelopment Authority Tax lncrcmclll Financing Plan for Tax Incremenl Fimlllcing Dislrict No, ,-34 2-13 I - 'lC\ . . . APPENDIX A PROJECT DESCRIPTION The City of T'v1onticcllo is coordinating a large public improvement project which involves the State of Minnesota, \\7right County, and private parties in the construction ofa new freeway interchange with 1-94. As a part of the estimated $16,000,000 project, the City is responsible for acquiring kcy pieces of property for right-of-way purposes. The City's estimated share of the project is over $6,000,000, but could be much higher. The reason for the increased costs \vould be for an unknown payment for land on a piece ofproperty for v.'-hich the City has commenced condemnation and has also commenced annexation proceedings. TIF wilt assist in covering a portion of the City's cost and to minimize the impact of a higher than expected payment for land associated with the publie improvements. \Vithout the interchange and right-of-way acquisition, development in the TIF district of similar size and scope would not occur. Development of the area \....ould take longer and \...'ould not be expected to result in a market value as high as expected with the new commercial in the TIF District and commercial and industrial development adjacent to the interchange. Because the property to be included in the District contain buildings \vhich meet the qualifications ofTIF with substandard and ineffICient buildings and land uses, the timeframe for improving the area \....ould also be extended substantially. The property to be included in the TIF includes the parcel under condemnation and a portion of the new development, limited to the Target store and adjacent retail of approximately 35,000 s.f. Therefore, a substantial public benefit will be realized immediately from the City's efforts from new development. The private developers \....ilt be responsible for their own land acquisition and arc being assessed or traded for land at over $5.4M. APPENDIX A-I <vo 'I - 0 . . . APPENDIX APPENDIX B MAP OF CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO. AND TIF DISTRICT NO. 1-34 B-1 I - ~) . ::o-'<~<~ "OM ~_~.,_",,,.___b'1J ,tii;:;~Zr~ iQ'r;~ nZ ~ ,_z._~(5~,~~ O,...tz1-i!C:~ "iZJ;:::tI'O' , ....i~O~;~d , ' <~,>, -,-./ - -<' . ~ ~ .... C1 := --3("1 ("1.... 0--3 C~ zO --3"'i -~ ~ ~O ....Z Z--3 Z.... tri("1 IJJtri Ot'" --3t'" >0 >-'] :;; Zo 0_ 'Ul ~>-'] I'" Ul(i "..>-'] 111~ID' p! ." I;' .. !IIfr II I! II 'PI !i 1,1 h d~ ~~~z~rcJ OCz ::tI ti;~:d~z~ Qtz1nznt<:l r-t"l-3t""::tI ~~~~g~ . ~ r-~-3 -z 0 .; ~;- . ~ ~ tri -< tri 8("1 ",;;tri ~z tri--3 z~ --3~ "';;~ ~o 2z tri--3 ("1.... --3("1 ztri o t'" . t'" ....0 --3 > ~ .... z ("1 ~ tri ; Z --3 "'i Z > Z ("1 .... z C1 o .... IJJ --3 ~ .... ("1 --3 Z ~ .... . ~ ~ 1_'6), . . . APPENDIX C DESCRIPTION OF PROPERTY TO BE INCLUDED IN TlF DlSTRICT* The District encompasses all property and adjacent rights-of-way identified by the parcels listed below. APPEI\DlX Ori2:inal Parcel Numbers To Be Platted As: 155011000122 *The parcels are being re-platted or annexed. It is expected that upon approval of the District, new parcels will be created and new parcel numbers will be assigned by Wright County. The legal descriptions of the nc\\' parcels are currently understood to be: Parcels 8, 8A, 8B, 9, 9A, and 10 of Wright County Highway Right-of- Way Plant No. 55 Lot I, Block I and Outlot B. Union Crossings 155011000123 155011000151 155011000152 155011000153 155011000170 213000182300 213111000161 C-l " - %3 . . . APPE"IDlX APPENDIX D ESTIMATED CASH FLOW FOR TlF DISTRICT NO. 1-34 D-1 1_15'-' 6/2412005 Page1of2 0 EHLERS . Monticello HRA: 1-94 Improvements TIF Dislrict#34 1< ' 'in!til;Fj!C'ASaiFLPWA'SSIJMf>tr0f4siii"~ c "^""~;~'5<i".j District Type Rerlewal arld Renovalion District Number " IrlllaliorlRate-EveryYaar 0.0000% l"tereslRate 5.5000% PresenlValueDate 01.Aug-05 Local Tax Rate-Maximum 122.1110% Pay 2005 FisC<lIDispariliesEJectionIA-insideorB-Dutside) NIA Year Districl was certified Pay 2006 Assumes FirslTax Incremant For District 2008 Year Distrid was moditied NIA Developmenl IDcaled in modifred area No AssumasFirslTa.lncramentlorProiect 2008 YeacsolTaxir.cremenl " Assumes Last Yearol Tax Increment 2(123 Fiscal Disparities Rat,o 0.0000% Fiscal Disparities Metro Wide T3. Ra~e (1.0000% Loc31 Ta. Rale-Current 122.1110% P3y20Cl5 St3teWide"roperlyTa.Rale(usedfort~taltaxas) 51.121(1% Pay 2005 Mark&l Value Tax Rate (J5ed tor lclal taxes:1 0,0544% Pay 2005 CDmmercial lI'dl>slriaIClass Rale 1.50%-2.00% First 150,000 1.50% Over 150,000 2.00% Rental Class Rate 125% Resident31 Class Ra'.e 1.00%-1.25% ~~:: :~~~~~ 1.00% YiB;MSVAtiJilijIilFPRMAiiON Class Rate After Land Building Total Class Base After Conversion Date MaplD "D Market Value Market Value Market Value Rate Tax Capacity Conversion Tax Capacity Payable . 2131110030161 340,500 161,900 502.400 21300018231)1) 59,500 C 59.500 155011C100122 161,200 699,000 860,200 155011000153 7.700 0 7.700 15501100Q"51 69,100 e 69,100 , 15501100017Q 21910G 97,200 316,300 155011000152 219.100 97,200 '00 155011000123 219.100 97,200 450,000 Totals 2,265,300 35,554 1.50%-2.00% 35,554 2008 iii~e!ilTIINFQRMAt1Q!f,:!;.ii"" Total MarketValua Ta~es Per Total Market Class Project Year Date Phase U.. Sq. Ft.lUnits Sq. Ft./Unils Sq. Fl./Units Taxes Value Rate Ta~ Capacity Constructed Payable , Target 174,550 80,00 $2.81 49C1,D93 13.964,000 150%-2.00% 278,530 2005 2008 , Retail ~u 35".090, 100.00 $3.48 121,865 3,500,000 _.1 5~'!~~2:,00~ c ~l9,,~50 2007 2009 TOTAL 611.958 17,464,000 347.780 No1e: , fax gsthl'1ates am t>ased o~ m.' ~"l .a:"" , T!F" ;1 assumes 100% ,,1 th~ blJilding is "Ol1~("uc!"d by In''U8r~ 2, 2()()6 ,,," p~V~bi" 2007 ;>!f',M(iCAltUtlATIOHS Tolal Local Fiscal Local Fiscal State.wide Fiscal State.wide Market u.. '" '" Disparities '" Disparities Property Local Disparities Properly Value Tolal ------ra;:.:.-et- Capacity Capacity TaxCapacily, Rate Ta~ Rate Tax Rate Taxes Taxes Ta~es Taxes _ T_a~es 278.530 278,530 0 1,22111 0.00000 (1.51121 340,116 0 142,387 7.5~q 490.Q93 Retail 69.250 69,250 0 1.22111 0.00000 0.51121 84,562 0 35,401 I.YlJl 121.865 TOTAL 347,780 347.780 0 424,67B 0 177,7B9 Q,4n 611,958 N" NO< Nole: Captured Captured , MO"!it,,:lvd""Env iJ"Y F'SC21 DbwlJdt;es . PreparodbyEhlors tilrun2 .~ -~5 612412005 Pag~2of2 . EHLERS . MONTICELLO HRA: 1.94 IMPROVEMENTS Base Proj~cl Fiscal Captured Semi-Annual Slate Admin, Semi-Annual $~mi-Annual PAYMENT DATE PERIOD BEGINNING '" '" Disparities ". Gross Ta~ Auditor " Net Ta~ Present PERIOD ENDING Y.. "'" y, Canacilv Caoacitv Reduction Canacitv Increment 0_36% 10,00% Increment Value Yrs. "'" Y< '0 02-01 2005 3t>,554 35,5t>4 00 08-01 2005 00 Oe-Ol 2005 35,554 35,554 0 Present Value Date 8_01.05 0 0 C 0 0.0 02-01 2006 00 02-01 2006 35,554 35,504 0 0 , , , 0 , CO 08-01 2006 00 08-01 2006 35,554 35,554 0 0 0 0 , 0 0 0.0 02-01 2007 00 02-01 2007 35,554 35,554 0 0 0 0 0 0 0 00 038-01 2007 00 0S-01 200t 35,054 35,554 0 C 0 0 0 0 0 00 02-01 2008 00 02-01 2008 35,554 278530 0 242,976 148,300 (534) (14,782) 133,035 113,051 " 0S-01 2008 05 08-01 2006 35,5t>4 278,530 0 242,976 146,350 (534) (14,782:, 133,035 223,076 " 02-01 2009 " 02-01 2009 35,554 347,/80 , 312,226 190,631 (686) (16,9941 170,950 360,675 '5 08-01 2009 " 08-01 2009 35,554 347,780 , 312,226 190,631 (686) :18,9941 170,950 494,591 " 02-01 20W " 02-01 2010 30,554 347,780 0 312226 190,631 (6861 118,994) 170,950 624,923 2.5 08-01 2010 2.5 08-01 20tO 35,554 347,780 0 312,226 190,631 (688) 118,994) 170,950 751,767 3,0 02-01 2011 0.0 02-01 2011 35,554 347,780 0 312,225 190,631 1686) (18,994) 1/0,950 8752\7 05 08-01 2011 " 08-01 2011 35,554 347,T80 0 312,226 190,631 (586) (18,994) 170950 995.362 " " 02-01 2012 " 02-01 2012 35,554 347780 0 312,226 190.631 (685) (18.994) ltO,950 1,112291 " 08-01 2012 " 08-01 2012 30554 347780 0 ~12,226 190631 (686) (18994) 170,900 1,226091 ;0 :}2-01 2013 " 02-01 2013 35054 347,780 0 312,226 130.631 (686) (18,994) 170,950 1,336,846 5.5 08-01 2(113 " 08-01 2013 30,554 347,780 , 312,226 190,631 (686) (18,994) 170,%0 1,444,636 60 02-01 2014 5.0 02-01 2014 35,554 347,780 0 312.226 190,531 (686) (18,9941 170,950 1,549,541 eo 08-01 2014 6,5 G8-01 2014 35,554 347,780 0 3'2226 ;90.631 (686) ;18,9941 170,950 1,651,639 1.0 02-01 2015 '.0 02-01 20;5 35,554 347,180 0 312.226 190,631 (6861 118,994) 170,950 1,751,004 '.5 08-0~ 2015 '5 08.[11 2015 35,554 :l47,780 0 312,225 190,631 (6861 1,8,9941 170.950 1847,709 80 02-01 2016 eo 02-01 2016 35,554 347,780 0 312,226 lSlD,63- (5861 (18,994} 170.950 194',827 0.5 C8-01 2016 " 08-01 2016 35,554 347780 0 312,226 190,631 15B6) (18,994) 110.950 2,033,425 0.0 02-01 20ll 60 02-01 2011 35,554 347.780 0 312,226 190631 {6861 (18.994) 170,950 2,122572 65 08-01 2017 " 08-01 2017 35054 347,780 0 312,226 190631 1686) .18994) 170,950 2,209333 10.0 02-01 2018 100 02-G-, 2018 3;;,554 347,780 , 312,226 190,531 1686) (18,994) 170,950 2,293,772 105 08-01 2018 105 08.01 2018 35,554 347,780 C 3 ~ 2 ,226 190,631 1686) [18,994\ 1'.'0,950 2,375,951 '" 02-01 2019 11.0 02-01 2019 35.554 347,780 0 312226 190,631 (686) (18,9941 170,950 2,455,930 115 08-01 2019 115 08-01 2019 35,554 347,7BO 0 312.226 190,631 (6861 (18,9941 110,950 2,533,769 12.0 02-01 202Q '2.0 02-01 2020 35,554 347,730 0 312,226 190,631 (686) (18,994) 17G,950 2,609,525 12,5 08-0- 2G20 125 08-01 2020 35.554 347,780 0 312,226 190,631 (685) (18,994) '/0.950 2683,253 no 02-01 2021 no 02-01 2021 35.554 347,780 0 312,226 190,631 (5S8) (18,994:' 170950 2155,C-08 13.5 08-01 2021 ns 08-01 2021 35554 347.780 0 312,226 190631 {686} (18.994) 170,950 2,824542 14.0 02-01 2022 14.0 02-01 2022 35,554 347180 0 312,226 190,631 {686) (18994) 170.950 2,8>12,508 145 08-01 2022 14.5 08-01 2322 3;;,554 347,780 0 312,226 190,531 (686) (18.984) 170,900 2,,.58,954 15,0 02-01 2023 15.0 02-01 2023 35,554 347,780 0 312,226 190,631 ~~86) (18,9941 170,950 3,023,33~1 15.5 OS-01 2023 15.5 08-01 2023 35,554 34(,780 0 312.226 190,631 6861 118,994 170,950 3,085,983 ,eo 02-01 2024 . Totals 6,015,635 21656 599,398 5,394,581 PresentVaiueDale-8-01-05 3,535,893 12,389 342,887 3,085,983 Nole; , Stat~ ACltiito, Dny;n"~t is h~5"d on 15t ~,~If, p"y 2004 actual "nd m~y ,,,uea%' o~'" term of di5lri~i , ,,~,.u,,"''' ,1~y"lopnwn( i~ cmltiVw,C'd;n 21:11", 3ss~",;.C'd in 2001 an" ii'st ;nc'''m~nt is !,~,(l:n lllll8 ; "mounl 01 inerBmm1twill ".u'y d"I,emling "pon m"r~H vHI,,~, ta~ rnlfs, da"" ,,.,:,,,., cor\stl'lJction %1>..,1\11& 3ml ;nll"Ucn 0" ""Mket va "" , Inll"I,,,,'I 0" tax rat~s cannot b... C3pt<;r,;d" TAX RATES COULD OE.CLiNE , TtF d(}~s Mlt ca(thJc~ snte \'I;dr "'01',"11 t"->em' or ,.,-,a";;,,1 v,,'''~ flroj,wrty 1.1"-'6 6. iI.$sum"'~ ftO ;"f:"tionary '"<:''''''''!t\ i~ 2U07 lIo,,.'h,,lncr,,mont;,Cal,ulat., I'otal rrn~'rt)' ('a'" bl1.95N Ccrrofl;M"<kctV"luE.Esl <.265,300 1""Stat,,'h, -IT1,7S9 Ne.vMarlleL V~llJe. =51 '7.464,000 1.."\hrk,,tV.luc'h. _9.~91 Di"erw,oc 15,19"J~'O I""bi,t;n~ 1'.,,,, -4}.415 lC>tima," Pre,"") Vol\,o 01 ~a< Irere",6nl 3,523,SrY.\ _\nnuaITa' l"ncmentFill;,"";"~ :l~U(,2 I,,, "",'a,lmin, F.., Dilfofence 11,675,195 VakJe Lik.-ol 'Ie OCCLJrl-lllrouITe> Inc'emcnl is Less Than 11.675,195 . tifrunZ P",p.rod by Ehlers -/ ~ '60 . . . APPENDIX APPENDIX E REDEVELOPMENT QUALIFICATIONS FOR T]F DISTRICT NO. ]-34 E.] I - '6'( Current Market Value - Est. New Market Value - Est. Difference Present Value of Tax Increment Difference Value Likely to Occur Without Tax Increment is Less Than: 2,265,300 17,464,000 15,198,700 3,523,505 11,675,195 11,675,195 APPENDIX F ~- BUT/FOR QUALIFICA nONS ... ~ . The proposed development, in the opinion q( the Ci(v, H/Ould not reasonably be expected to occur solely through pril,,'ate investment vv'ithin the reasonahlyforeseeablefilfure: This finding is supported by the fact that the redevelopment proposed in this plan meets the City's objectives for redevelopment. Due to the high cost of redevelopment on the parcels currently occupied by substandard buildings, the limited amount of commercial/industrial property for expansion adjacent to the existing project, the incompatible land uses at close proximity, and the cost of financing the proposed improvements, this project is feasible only through assistance, in part, from tax increment financing. The interstate interchange project requires substantial public and private investment. The City's engineer has negotiated with land owners adjacent to the nev,I public improvements and has set special assessment levels for benefited properties. However, the special assessments arc not sufficient to cover all costs of the project. The County will be paying for $2,000,000 of the road costs associated \\lith the project and the State of Minnesota will also contribute to the acquisition and construction costs associated with the interchange. Without tax increment financing, the City's share of the project costs, even after the other public and private sources, is over 56,000,000 plus various storm sewer utility costs. The City's share could be higher if the award for the A VR site under condemnation is substantially more than the City's initial appraisal. Tax increment financing from a portion of the new development (the Target store and an adjacent outlot) will help to reduce the City's share of the development reduce the tax burden to City residents only. The interchange is expected to benefit all resident in the County, City and School District. Without TIF, the City would have not proceeded with the interchange and must less than 50(% of the ne\\I commercial development would have occurred \vithin the foreseeable future. . The increased market value <?lthe site thar could reasonahl.y he expected to occur ll'ithout the use of tax increment financing lto-ould he less than the increase in market value estimated to result from the proposed dCl-!elopment after subtracting the present value of the projected tax increments for the maximum duration (dT1F District l-/o. f -34 permitted by the TIP Plan: The City supported this finding on the grounds that the cost of public improvements, acquisition of substandard and incompatible buildings all add to the total development cost. The interchange is expected to benefit all resident in the County, City and School District. Without TIF, the City would have not proceeded with the interchange and must less than 500/0 ofthe new commercial development \vould have occurred \vithin the foreseeable future. This site and surrounding sites have been marketed for several years \vithout success. Therefore, the City reasonably detennines that no other redevelopment of similar scope is anticipated on this site \vithout substantially similar assistance being provided to the development. To summarize this finding: a. The Citis estimate of the amount by which the market value ofthe site will increase v.:ithout the use of tax increment financing is $0 (for the reasons described above), except some unknown amount of appreciation. F-l ~ APPEI\DIX ... l-~~ . . . . b. If the proposed development to be assisted with tax increment occurs in the District, the total increase in market value would be approximately $15,198,700. The increase in market value would be due primarily to new construction within the District. (See Appendix D ofTlF Plan). c. The present value of tax increments from the District for the maximum duration of the district permitted by the TlF Plan is estimated to be no more than $3,523,505 d. Even i fsome development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $11 ,675,195 (the amount in clause b less the amount in clause c) without tax increment assistance. APPENDIX F-2 I - O~ . . . Council Agenda - 7/25/05 8. Public Hearinl!-Consideration of a resolution adoptinl! proposed assessment roll for delinquent utilitv bills and certification of assessment roll to Countv Auditor. (R W) A. REFERENCE AND BACKGROUND: The City Council is again asked to adopt an assessment roll for utility billing accounts which are delinquent more than 60 days and to certifY the assessment roll to the County Auditor for collection on next year's real estate taxes. The delinquent utility accounts that are included with the agenda are accounts that are at least 60 days past due and include all new delinquents from the last time we certified them. In addition to the delinquent amount, the Council also previously approved the establishment of an administrative fee of $50 per account that is added to each delinquent assessment. The amounts shown on the enclosed delinquent utilities list include the additional $50 administration fee for the preparation of the assessment roll. It is recommended that the delinquent accounts be put on an assessment roll for certification at an interest rate of 6% as allowed by state statute. As in the past, if any accounts are paid within 30 days after the adoption of the assessment roll, they can be paid without the additional interest. After 30 days, payments will be charged interest. B. ALTERNATIVE ACTIONS: I. Adopt the assessment roll for the delinquent charges as presented. 2. Based on public hearing input, adjust the assessment roll as required. C. STAFF RECOMMENDATION: It is staff recommendation that the Council adopt the assessment roll as presented. All of the accounts are at least 60 days past due and have been given proper notice of this assessment hearing and ample opportunity to pay the accounts in full. All utility accounts were notified that there would be an additional $50 administrative fee attached to each outstanding balance if the account was not paid by 4:30 p.m. on July 11,2005. D. SUPPORTING DATA: . Copy of resolution adopting assessment roll . Complete listing of delinquent accounts to be certified. 't - <\() . . . CITY OF MONTICELLO RESOLUTION NO. 2005-76 RESOLUTION ADOPTING ASSESSMENT ROLL FOR DELINQUENT UTILITY ACCOUNTS FIRST QUARTER 2005 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for delinquent utility account charges, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: 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 benefitted by the assessment levied against it. 2. Such assessment shall be payable in one (1) annual installment payable on or before the first Monday in January 2006 and shall bear interest at the rate of 6 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2006. 3. The owner ofthe 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 25th day of July, 2005. ATTEST: Clint Herbst, Mayor Rick Wolfsteller, City Administrator ~- . . . i~ ~ ~ 2 2. . u ~ . " ,. ~ . ~ .oo ~ . ~ . " . h ON ~ , 0" , .. ~ .~ . . oo. .~ ~ . . " , - ~ . ~O " . ; 00 P' . . ~ < U " ~ . " ~ . oooo u ~ ~ " ~ , ~ .0 p . ~ . ., L 0 ~oo ~~ ;: ~~ "~ . . " . ~ . < " 5~ p" . 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" ~ ~ " ~ . . . ~ a= u z .~ ~ "~ E-< .~ '" " H 0 ~ ,.. ~ ?ij ~ ~ . < g en N H ..; I ,..., " 0 " Z ~ ,..., " a .., ,..., ~# 0 . H '" 0 '"' .... '" a- . . 0 . " U") ~ 0 .... 0 0 ~ co 0 co " 0 . " U") " U") 0 .... . . 0 # " 0 I . , ~ . 0 \ N . 0 0 < # I QO . 0 ,.. '" . ~ 0 . en U") u Z N . . . 0 0 ~ I , . "" ~ .... . . . . Council Agenda - 7/25/05 9. Review of audit report for vear endin!?: December 31.2004. (RW) A. REFERENCE AND BACKGROUND: Mr. Rick Borden of Larson Allen, the City's auditing firm, will be present at the Council meeting to review the year end audit report with Councilmembers. Normally the audit report needs to be submitted to the State Auditor's Office by July 1" of each year, but due to staffing issues at Larson Allen completion of the audit was delayed for almost a month. Larson Allen has requested and has received an extension on the filing date to the end of July, 2005. At the time this agenda is being prepared, the final audit report is being prepared by Larson Allen and if it is not included with this agenda package, will be delivered separately by the auditor prior to Monday nights meeting. Although Mr. Borden will review the report in more detail with the Council, I believe the report shows the City continues to be in good financial condition. After review by Mr. Borden, the Council should accept the report so that it can be forwarded to the State Auditor. B. AL TERNATIVE ACTIONS: 1. Accept the audit report for the year ending December 31, 2004 as presented. c. STAFF RECOMMENDATION: In order to comply with the extension deadline, it is recommended that the report be accepted as presented. As always, if the Council would like to discuss the financial report in more detail at another mecting, !vIr. Borden would be happy to attend any meeting for this purpose. D. SUPPORTING DATA: Copy ofycar end audit report (if available) ifnot enclosed with your agenda package, audit report will be delivered separately by auditor. Q-q\ . Council Agenda - 7/25/05 10. Consideration of award]n!! bids on 200S bond sale. (R W) A. REFERENCE AND BACKGROUND: Ehlers and Associates will be receiving bids on Monday July 25th at twelve noon for the sale of $25.9 million in general obligation bonds for the City. Mark Ruff of Ehlers and Associates will be present at the Council meeting to provide the Council with the bid summary and recommendation for awarding the sale. As you may recall trom the previous meeting, Mr. Ruffnoted that the City will be seeking to insure these bonds as a possible way to reduce the overall interest cost and assure buyers that the City would have the ability to repay these bonds as scheduled. The City of Monticello has not previously provided insurance coverage 1Nhen it sold bonds, but due to the magnitude of this issue compared to our normal bond sale, we wanted to investigate whether it was feasible to provide additional security to bidders. . lt is my understanding that Ehlers and Associates has received insuranee quotes from three companies. The likely insurance eost to the City would be around $100,000 for this bond issue, but the net result could be that the City will save around 20 basis points on the interest rate we have to pay, or approximately a potential savings of $50,000 per year in interest costs. As you can see, it would only take two or three years of interest savings to cover the cost of the insurance premi urn for this fifteen year bond issue. The general effect of providing insurance is the equivalent of the bond sale being considered triple A rated, and thus attracting larger firms in the bidding process. Although the City of Monticello has a good rating with Moody's Investor Services of 2A, which was recently reaffirmed, the equivalent of a triple A rating could be very beneficial on such a large bond issue. Mr. Ruff will have additional information for Council on the potential savings Monday night. Assuming the bids are favorable, a resolution awarding the sale will be made available Monday night from our bond counsel, Kennedy and Graven. No other information is available at this time prior to the bid sale Monday. B. ALTERNATIVE ACTION: 1. First alternative would be to award the sale to the lowest responsible bidder.,.a.s) All recommended by Ehlers and Associates Monday night. G f'1IlZi1l\ Do not award the sale at this time. 2. c. STAFF RECOMMENDATION: . 1 am optimistic that being able to insure this large bond sale will provide the City with favorable interest rates and that a recommendation will be available to accept thc low bid. Even with this large of a bond issue being considered, Moody's did reaffirm our recently upgraded our A2 bond rating and we were also pleased to find out that insurance companies would consider insuring this bond issuc on behal f of the City. With the number of projects that are --- 10- c\'d- . . . Council Agenda - 7/25/05 underway that are being financed by this bond sale, the City does need tinancing to pay for some of the projects already awarded. D. SUPPORTING DATA: Copy of Moody's A2 bond rating report. \0-0.3 Rick Wolfsteller .om: nt: To: Subject: Moody's Investors Service [epi@moodys,com] Wednesday, July 20,20059:02 AM mark@ehlers-inc,com Monticello (City of) MN MOODY'S MILLION GENERAL ASSIGNS AN A2 RATING TO THE CITY OF MONTICELLO'S (MN) $25,94 OBLIGATION BONDS, SERIES 2005A A2 AFFIRMATION AFFECTS $35,2 MILLION OF OUTSTANDING DEBT, INCLUDING THE CURRENT ISSUE Monticello (City of) MN Municipality Minnesota Moody's Rating Issue Rating General Obligation Bonds, Series 200SA A2 Sale Amount $25,940,000 Expected Sale Date 07/25/05 Rating Description General obligation Unlimited Tax NEW YORK, July 20, 2005 __ Moody's Investor's Service has assigned an A2 _ting to the City of Monticello's (MN) $25.94 million General ligation Bonds, Series 2005A. Concurrently, Moody1s has affirmed the A2 rating on $35,2 million of its outstanding general obligation debt, and the A3 rating on $6.9 million of the Housing and Redevelopment Authority's lease backed obligation. Proceeds of the Bonds, ultimately secured by the cityts general obligation, unlimited tax pledge, will be used for a variety of capital projects, including a new 1-94 interchange, water, storm, and sanitary improvements, and a new water tower. Assignment of the A2 rating reflect the city's moderate and quickly growing tax base favorably located along the high growth corridor between Minneapolis (rated Aal) and St. Cloud (rated Aa3) , and healthy reserve levels, balanced against notable tax base concentration, below average wealth levels, and a high level of rapidly retired debt. FAVORABLE LOCATION IN STRATEGIC GROWTH CORRIDOR EXPECTED TO SPUR CONTINUED RESIDENTIAL GROWTH AND DIVERSIFICATION OF TAX BASE Located 45 miles northwest of Minneapolis along 1-94, the city of Monticello ~compasses 5.37 square miles in Wright County (GO rated AI). The city's ~oderate $982 million tax base has grown at a rapid 10.9% five year average annual rate, driven by both new construction and annexation activity. population growth has been similarly rapid, growing 59,4% from 1 \ 0 - C\ \..\ 1990-2000, and an estimated 29.8% over the past five years- a trend expected to continue .'v7n cur~ent residential development underway. One of the larger oJects ~s an 800 acre, 2,500 unit project built around an existing golf course, which will develop in stages over time. On average, 60 acres is annexed annually into the city, with 8,000 acres of the surrounding Town of Monticello identified to be eventually incorporated over the long run. Such strong residential activity has spurred complimenting commercial and retail development. The 1-94 interchange project financed by this issue will open up a large retail corridor anchored by several big box retailers. Given the cityrs favorable geographic location, current development now under way, and the proximity to the future Northstar line (approximately three miles)} Moody's believes the tax base will experience continued and sustained growth at a healthy pace. While city wealth levels are notably below state levels, Moody's expects they will likely improve with the next decennial census. Wright county's May unemployment rate of 3.7% equated the state's average of 2.8% and was below the national rate of 4.9%. Moody's notes however that the concentration of the Xcel Energy (senior unsecured rated Baal) Monticello Nuclear Station, which represents 38.5% of taxable values, poses some risk to the city's tax base, although the dominance ~ a single taxpayer has diminished significantly over the past several ars ue to ongoing growth as well as statutory changes in taxable valuation formulas. As recently as 1997, Xcel comprised an even more substantial 75% of the city's full valuation. Ongoing diversification of the tax base is expected to continue with continued residential development and growth in newly annexed areas. The 545 MW nuclear power plant, operating since 1971, is also reaching maturity and is among the older nuclear generating facilities. Xcel is currently in the process of renewing its application to continue operations beyond 2011, which insures at least intermediate term viability for this significant portion of the tax base. Although there are potential tax appeals by Xcel, city officials believe any large reduction in property taxes payable from the plant will be replaced by direct state-aid or alternate forms of state support. Still, important to future credit evaluations will be the degree to which Xcel's dominance is reduced and how the city manages the transition, as well as what form of replacement payments the state may provide. AMPLE RESERVE LEVELS EXPECTED TO CONTINUE DESPITE DRAWDOWN Historically, the city has maintained sizeable and liquid General Fund .lances, typically above 80% of revenues. Despite absorbing a $280,000 ss in home stead credits in fiscal 2003, the city was able to post a $33,000 General Fund surplus, increasing the balance to $5.39 million, or a strong 2 IO-~5 87.6% of revenues- continuing a trend of surpluses extending over a decade. The city was able to levy back the state-allowed 60% of the loss in time ~fset the reduction and did not have to make any significant budget cuts. As it no longer receives local government aid, dependence on state aid is favorably reduced over the long run. Preliminary 2004 results show a $617,000 General Fund deficit, which officials attribute to one time engineering related expenses associated with the current projects. The city's liquor fund provides alternate liquidity, retaining $7751000 in net working capital in 2004, and transferred $250,000 to the General Fund. Despite the General Fund decreasing to $4.77 million, or a still ample 76.7% of revenues 1 Moodyts believes that given $4.58 million of it is unreserved (73.6% of revenues), and liquid (net cash as a percentage of revenues equals 104.4%}1 the absence of levy limits, and historically\strOng city managernent.} some of the tax payer -- concentration concern is offset, and the city is well positioned to meet future budgetary challenges. ABOVE AVERAGE DEBT BURDEN RECEIVES SIGNIFICANT NON-LEVY SUPPORT At 5.4%, the city's direct debt burden (7.9% overall) is high, increasing as the result of the current issuance, and reverses a trend of a declining burden. With all debt included, the cityts direct debt per capita tlccounts for significant $5,190 ($7,563 overall). Additionally, Moody'S notes that ebt service accounted for a large 45.7% of fiscal 2004'S operating expendi ture s . Moody's believes however given a large portion of this debt being supported by special assessments and tax increment revenues helps to reduce (but not totally eliminate) this concern. The $25.94 million Series 2005-A bonds represent a significant addition to the city's debt profile, but only a fraction of the debt service is expected to be included in the general city levy (about 10.4%). Water, sanitary and Storm trunk fees are projected to cover 37.8% of debt service, 31.2% from special assessments, and the remaining balance from TIF revenues, and County support. Furthermore 1 the city's practice of maintaining debt service reserves provides additional financial cushion. The 2004 reserve of $8.7 million is equivalent to over 1.3 times peak debt servicel expected in 2010. Given rapid principal amortization (82.1% retired in ten years), sizeable non levy support, Oreserve levels in the debt service fund, and continued and sustained tax base growth, Moodyts believes that the cityts debt profile will remain manageable, and will be a key focus 4IIf future credit analysis. KEY STATISTICS 2005 Population (Estimate): 10,211 3 \0_<:\0 2004 Full Valuation: $982 million 2004 Full Value Per Capita (Estimate): $96,127 ~rect Debt (All debt included): 5.4% Overlapping Debt (All debt included): 7.9% Payout (10 Years): 82.1% Fiscal 2004 General Fund Balance (Un-audited): $4.77 million (76.7% of revenues) Wright County Unemployment Rate: 3.7% 2000 Per Capita Income as a % of State: 82.9% 2000 Median Family Income as a % of State: 94.2% ANALYSTS: John Humphrey, Analyst, Public Finance Group, Moody's Investors Service Jonathan North, Backup Analyst, Public Finance Group, Moody's Investors Service Edward Damutz, Senior Credit Officer, Public Finance Group, Moody's Investors Service CONTACTS: Journalists: (212) 553-0376 Research Clients: (212) 553-1653 ~Opyright 2005, Moody's Investors Service, including Moody1s Assurance Company, Inc. (together, reserved. Inc. and/or its licensors IIMOODY'S"). 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II This email has been scanned for all viruses by the MessageLabs Email Security System. . 5 10 _ as . . . City Council Agenda - 07/25/05 11. Consideration of a request for a Concept Staqe PUD for expansion of the Monticello Clinic buildinq. Applicant: Monticello-BiC! lake Community Hospital District. (NAC) A. Reference and Backqround. The applicant is seeking approval of a concept plan that would accommodate the construction of a new medical clinic building west of the existing hospital, including the dental clinic and one of the single family homes that was excluded from their 15t phase planning when the City reviewed this project in January, 2005. The primary changes from that plan are as follows: 1. The clinic building is moved to the west, connected by a corridor to the hospital building. The building is the same size - 3 stories and 68,000 square feet. 2. The parking is changed by eliminating some of the planted island areas in front of the clinic entrance, but increasing the space between the parking lot and the front building wall Apart from these changes, the plan appears to be consistent with the previously approved master concept plan. General site circulation continues to be the same as the previous proposal, and future improvements, including 6 story hospital expansion, clinic expansion, and parking deck over the west side of the property are unaffected by the changes. B. Alternative Actions. Decision 1: Concept Stage Planned Unit Development 1. Motion to approve the concept PUD plan for the Clinic expansion as proposed. 2. Motion to deny the concept PUD plan for the Clinic expansion as proposed. C. Staff Recommendation. Staff recommends approval of the Concept Plan, based on a finding that the plan is consistent with the original concept master plan for the Hospital campus. D. Supportinq Data 1. Site Plan 2 Previously approved site plan II ~ 9~ ~.... & or... I, " , ,,: ;. J'o,-::-- .IM...., "."" ~' "$.. , .......:.:.."" . ..' _..~. "i;;' ~~ -oe- Q, ?li- D a . , \ .. 'i_ I , I I~ -. oS ~~ 7J. )- I ~- .--! -t ;l .o.L~ I .. --- __t~ II O~ - ! ~l td ~I ~t i ~ ~\b. I 1: - .. ~r ~ I ~ I ;s.i ~ ~~i ...1 ! ~l w T ti- I 3~ i, . ~~ l> ~~~ ~~ t - 0 ~ I . 1 I : tl) --1-- \J I t I~ ~L c:b - I I ~- ~ I :Q ~ <( z: u .:; o I IJ <:t iI i:' : :1 I I ! . I ,I ;' il I I' .;:,. t1 i - t . ,. ,', , ' 1~1l-\I. , : '!1\ JI ~ I ~. .. -~ ~ I Ip ~~:: t1~f ....~i ' 'fl'.". ~ x ~ , '~.:1~~ " <;ti .~~. ,I u o w ::: ....W gsU w a: .~ 'fa E E ~ UJ en c :s;: ~ fa a.. ~ ...... Q.. 0) Q; (/) Q.. fa g> ..s::: 32 a.. (ij Q.. (/) N '" ...... ......OL s:::: MC"')" 0) E 0) ~ .- '\S. ~ ~...,,,- ~i , 1 :'t- , I Jo.;. ~ c- O) c::: en c :s;: (ij '- ~cq. fa "'0 a.. o. :r::2 : iJ /i/ 'f, II I 1'1',' , Iii J !il .11...... ~ I! ill1l' ..~"" I' "ii l) ii , I/i .t ~ . J I I ...'~. Ib ~~"l: ~~~~" , ~J..f%~ t~.]~~ ~'Q) t~ I /. (' I ,,-'y' II! I /:'1 i.' . I,:' II f:': I. ~ aL~ II n~ . ~.t I' G I , , I I , , I ! 50!"" 2: .1' o !i& ~ [I, ~~t o a 7t> ! ~ ~.. ~l j , ! , f ~ Z ::i \) I , ,I i i ! I :! I I I :1 Iii I 1:,1 , " " III 1 ,4 II~ 'I_I! I f t ..- tC. j;!~ i ~; (- " i I! - '" , (", ! ! I i Ii i~ ~~ . ~ ! 1 t Q) I/) ca. .c:: 0.. J!! c: Q) E ~ "- :::::l C'" ~ C) c: :i2 ... cu 0.. I ~~ f i ~~ 8\ ~I J I):. t! - " Ii) f 1. ~ i ~ cu E E :::::l VJ C) c: :i2 ... cu 0.. 15 ~ a:: '<T 00 to ~ ~ 0> <= :g '" a.. NtO MOIOO M'<TN '" E Ou _ ::e.- l!:! . c')"~ .i5..~'~U 00000....... o _::; U,l ::e::;;z~ I , __0_, f I r , i I 'D." I I I I I I I 0 ! / N I I ~ ~ I L / I I ~ I ctI I E ! I ) E I :::l <: en CO I / a: C) ~ ! c: Q) I / 0.. i o- f --- --~-- -- - ..lII:: 0) L.. <: I / ctI :g / D- CO I I 0.. , I I , I VI <'><00 NOr-lQl Iii - oo:::t'MN":::t1 I/.! c: i/ Q) 1/ E II I' 'I Q) L.. i L :::l , r"J,-._ Iii ,.,< C'" Q) c::: Q) en E c: 0, :r> ~ __= I cu . . 0):':: L.. :a CD rn .~ t ~I ctI ~oo ~1 II D- " ( I:2:2:zu Ii' I' il \' II ~ fr{ ., J . L f ~ . il I I ~ ~ i i" ?i 6- ~ "OZI I~ ... ---I U1 - ~ ,ti 'i' ! f If f 'tt- , ~ f ~il l! :lit li ,~~ IHI 'j f i Ii: 0 ~. e- ~ ~~,t. I b ~ .. - r-= . . . City Council Agenda - 07/25/05 12. Consideration of a reauest for a Conditional Use Permit for a concept staae Planned Unit Development for Monte Club Villas. Applicant: L&G. LLC. (NAC) A. Reference and Backaround. The applicants have proposed a 26 unit detached townhouse project that would replace the Monte Club restaurant and develop the north side of the Monte Club hill. Staff had discussed alternative design that involved some trade of land to allow for an extensive park and pathway connection between Fenning Avenue and the City's park and water tower property to the east of the subject land. A major component of staff's concept was the attempt to preserve tree cover and the natural view of the Monte Club hill. The Parks Commission has recommended another alternative that would involve a combination of the City's park dedication requirement and a purchase of development land, rather than a land trade. In this concept, the City would permit the south three quarters of the project to proceed as planned, with access to the project area occurring from the upper level. This would result in a park dedication requirement of approximately one acre of land area. Because the most valuable section of the north one-quarter of the project area (from a tree cover standpoint) is in the northeast corner of the site, the City would acquire this portion through park land dedication requirement. The remaining northern tier of the development site would be acquired by purchase from the City's park dedication funds. This concept would preserve the existing City park land intact, and provide for a sloped and wooded corridor between the existing parkland and Fenning Avenue. The corridor would be between 250 and 300 feet in width, and would preserve the existing slopes and vegetation on the north boundary of the property. With the applicant's current layout, 19 units would remain in the project, however, it appears that one or two more may be possible. At the Planning Commission, the applicants indicated that they would investigate the Parks Commission option, but requested a recommendation from the Planning Commission on the application as submitted. The Planning Commission recommended approval of the concept plan, with the condition that the applicants comply with the required park dedication standards as listed in the Subdivision Ordinance. According to the Subdivision Ordinance, the City requires a land dedication of one acre of parkland for each 75 persons in a residential project. For detached single family units, the ordinance calculates 35 persons per household to determine the future population. For a 23 unit project (assuming land reserved for parkland would reduce the unit count, a requirement of 1.07 acres would be required. Discussion as to the location of this land has focused on the northeast corner of the site where the existing tree cover is of the highest quality. The City has, at its option, the ability to take cash in lieu of land dedication. Cash taken for this purpose is required to be dedicated to park land acquisition and development, but not maintenance. Id_Io3 . . . City Council Agenda - 07/25/05 B. Alternative Actions. Decision 1: Concept Stage Planned Unit Development for Monte Club Villas 1. Motion to approve the Concept Stage PUD for 26 units (23 units after dedication) as proposed by the developer, subject to normal park dedication requirements as recommended by the Planning Commission. 2. Motion to approve the Concept Stage PUD, for 19-21 units, using a combination of park dedication and purchase to preserve the north 250-300 feet of the property as public park as recommended by the Parks Commission. 3. Motion to deny the Concept Stage PUD, based on a finding that the existing land use designations of Commercial and Medium Density Residential should be retained. C. Staff Recommendation. Staff recommends approval Alternative 2, subject to the ability to work out an appropriate purchase price with the property owners. If a suitable agreement is not possible, the standard land dedication and maintenance of a pathway corridor connection along the north boundary of the property would be a reasonable substitute. D. Supportina Data 1. Site Plan );;1-\OY r--------- ------ -----------------------------1 . \ " \1111\\\ II I! I 111111 I \ 111111 . 1111111 I ,; 11111111 I i " 111111\\\ 1111\1111 I I~ c I11111111 \ 1111\1\111 \ ~ ;-_', _1111\\\\1 I S' i , ; . ' I \ ffj -'~ , 'I ' I I ~ !II,LII I . I ~ !,\ll,~ , I L5 =_.,. \m ! I i:!;j t I Ill.. !!;l; I C -.---_ I ;ill! ; I I II~ C -t--- 'IB; i; I ... 1\11, ;, ~-.: ~~ wUl' 1( I c:c: --- ~'" '1 I Cl.. ~;I[' I Ii: l ---- ~Il\_ ~1 I I ~ ~~' ~'i 1 Q I I I I __ ~~ I I ~-=-"_ ~ ;~ I I ~ g I ! in ~..;3 w",,-'a. I I \ 15 ~ ~" \ . v' wOciu I ' \-- 1.~i I 1 l!,l , I ~! ,- I Jl;;'-\OS -- . . 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' 61 ., i LI 91 -- J/ 1\ ___ _.m~ ~- , ~ ~/;...-- --l T -_1 ~\ _ _ _____ "t' K _/1 r; - ,r~7 ~ #'r ~~-l --- I II '" ... 4" .",:f.) -1', I L I I " P'ir7-J ~Q 0/:,i~0' 7:::'" ~'\ I I II ' ' q;~ ' : I~ ~: kJ:\\:~,.c- ~":r>; ,u~i\ -WI ' I 11 II I II I \ ~ : I / :: &.. d. :: -{c"'i': ,.~" : : ~ fir" : t :=-.Joz ::~ :: W::16 :: uOJ,: " : J i': L~ Lei'S I I~. 9Li'8 \ : jl ~'e I \ ,. LlI'lI : : '1:;7.1 \ \ __J _____1...---- 0 I ___:..1 L____J L ZZ I I rz I I ..J t--- \ -___J L -.J C// _____ , ~, \ --- "" ---- , \ , \[ ~ ,\ // ~t\// , , t----- / POOil'U .,. 101100 . c-T _\--------.J \ n /. avoid 31NIOd lIV11l'mS ~ 'f- - - -=-_~.:.::-:. -:-1I ::-::.:: - - -,:.: l\ ~ ......"...,,,,.....,, " I IIi: .J.:CIC;; 1 II ' I: \ \ ' LfJ\<< , \ , \ I \ I : , I I \ I I I I \ \ , \ I , I \ I , \ rii I 'II ~-~_. ~\ ~I !11 I I " .~. :~l ~~ <<J i~: - --r::-- 0; I \~~ ~' 1 ,,,- I ~;j I ;,i l\t -- \ 0; r-' I 1--- d.~\O\o - City Council Agenda - 07/25/05 ~ 13. Consideration of an appeal to a denial of a variance and amendment to Conditional Use Permit for additional pvlon and wall sianaae. Applicant: Monticello Motors (Dennv Heckers Monticello Dodael. (NAC) A. Reference and Backaround. The applicant is seeking a variance from the zoning ordinance to construct a new freestanding sign on the Monticello Dodge property, as well as additional wall signage. The new signage is intended to identify a "Kia" dealership, in addition to the two Dodge-Chrysler- Jeep signs currently in place. The applicant indicated at the Planning commission meeting that the Suzuki sign along 1-94 is on the former 0&0 property. The current proposal would add the Kia pylon sign to the property as well as two new wall signs to the existing building. Currently, one painted Kia sign is in place on the building. The Planning Commission voted to deny the variance for the pylon sign, but approve variances for additional wall signage, based on the finding that reasonable use of the property could be made by the addition of wall signs, and the location of the Kia sign on one of the existing pylons. The Conditional Use Permit is not necessary for the wall signage. The zoning ordinance allows one pylon sign per frontage, and the automobile dealerships have been granted additional pylon sign age where they have multiple frontage on major public roadways. The subject property has frontage on Interstate 94 and Chelsea Road, a major collector street. In addition, the applicant was granted a variance to add the Suzuki sign to the northeast corner of the property along 1-94, although the applicant indicated that the Suzuki sign is on adjoining property, as noted. In June of 2004, the applicant approached the City to establish the Kia dealership on the adjoining "0&0" property to the east, utilizing the existing pole buildings and minimal site improvements, pending a future renovation of that site into a contemporary dealership. It has been the City's understanding that the occupancy of the adjoining substandard 0&0 site was temporary until a more extensive dealership facility could be constructed. However, the adjoining site was converted into a used-car facility, and the Kia dealership was established in the same building as the Dodge store on the subject property. As noted above, some Kia sign age was added to the building at that time To consider a variance, the Zoning Ordinance requires that the Planning Commission find a unique physical condition exists on the property that creates a hardship in putting the property to reasonable use - one that can only be resolved by granted a variance to the standard ordinance. This same standard applies to the City Council in consideration of an appeal. No such condition is apparent on this site. The building is fully exposed to the interstate as well as to Chelsea Road. The only "condition" in this case is that the Kia franchise desires a separate pylon sign identity. ~ The wall signage is appropriate, and would increase the identity of the Kia franchise adequately on the current site. This would appear to be necessary to make reasonable use of the property for that dealership. If the applicant believes that more exposure is necessary through the additional pylon, planning staff would recommend that the original intent - \ 3- t b'l ___ ...__ ...__ __ ___ .._ __M____ . . . City Council Agenda - 07/25/05 renovation and new dealership construction on the adjoining "0&0" parcel - should be pursued where additional pylon signage along the interstate would be possible. B. Alternative Actions. Decision 1: Approval of Variance and Conditional Use Permit Amendment allowing additional pylon signage for Kia dealership. 1. Motion to approve the Variance and Conditional Use Permit amendment, based on a finding that a hardship exists that restricts reasonable use of the property, necessitating the approval of an additional pylon sign for the subject property. Approval of the variance should be conditioned upon verification that the Suzuki sign is on the adjoining property as represented by the applicant. 2. Motion to deny the Variance and the CUP, based on a finding that no hardship is present, and that the applicant can make reasonable use of the property under the current regulations without the additional pylon sign. C. Staff Recommendation. Staff recommends denial of the variance and CUP for the pylon sign, as decided by the Planning Commission. The site already has more pylon signage than permitted by the zoning ordinance, including the same number of freestanding business signs as Monticello Ford and more freestanding signage than either West Metro Buick-Pontiac-GMC or Gould Chevrolet. There does not appear to be any ordinance-based rationale to support yet another pylon sign on this parcel. D. Supportinq Data 1. Site Plan 2. Sign Plans \ 3-\()'6 ? //v? // / / // 6;;'o~. APIlON BIT. SURFACING (TRUCK ;tCTION)~ // / 200 s.F'. MESSAGE BOPRD SIGN ~ 13-\O~ ---- . C'. 'b,Vlt . 0 6'-0" CONe. r APRON ---~I \ \ R5'-O" I b ----'-- I CUSTOM b ~ I --1:, . P AIlK b (10 C ", :" I I I I RS'-O" I I I RS'-O" I . I I I ~ " I N I LD I I MOUNTABLE 0 I CURB r-- N I I \ 131 "I I 171 181 , 22! 20,h . . U> c: CiS - c: Q) c: <1l E ~ Q) 0.. 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I~ ~ tij tij ~ tij tij tij tij tij tij tij I- 0.. 0.. :s: :s: 0.. :s: :s: :s: :s: :s: :s: :s: CD Q) l'll a; a; Q) - '" '" iii ~ Qj Q) Q; .~ .c: 'E 'E <.:l ';; '~ a; 11 .0 <.> .0 0 en ~ :s: z z z w w w w w W ....J r 3 _ \ \0 C\I l.t"'l .:t:: --- 0- or- l.t"'l I II) C\I .....J \0 . ~ ["'-.. ["'-.. -i N ---~-- -- C\I ........ or- ~ -' ~ - ' " '" '"'''''' 0 0 0; . " > . . " I ~ l " . is . . ~ 0 0 0 0 <i ~ ~ ~ 00 , " ~ z e j . . ~ " ~ . 0 \ '3 -I \ \ e e Account eproJedTttle Scale Date Created 7'-515/16" 27'-0" KIA KIA KPS-1 30ft 1:64 12'-4 11/16" 6'-27/8" KPS-1 @27'OAH Total Square Footage = 73sq' Dmm By IPRep. JAJlington All ideas, plans or arrange-ments indicated in this drawing /He copyrighted and owned by ImagePoint and shall not be reproduced, used by or disclosed to any person. firm or corporation for an)' purpose whatsoeve-rwithout written permlSs\on of DEstep Approved By DaleR_d Pg 1 of 1 I I ImagePoint. ! I PO Box 59043 Knoxville. TN 37950-9043 1-800-444-7446 www.imagepointco1l1 f~-\\d- . . , I I I i I ~ Cry C\I I Co . M ~ o ~ E " 0 o 0 ~~ .-g C"} ~ ~ g ~.,;. ~ 0> --.:t 0> o!J "'.",.::: Ci~ g'~ ~ ~ ~ ~ ~ , ... c '5 0.. :.0 ! lC ' c-.-J I . . . . ~ -"-0,.. ! d,.~::::", (ij "'" v ~ i ;!.tl-5 0> '" g.8 5 ~"E ~.:],~~~~~~ "" "'61a..a-.....<.> O<:l'~~i:>iJo~:ii..... ~~g-~"':5:=e.'~'5 ~:5~-:'~O~g~a <:::roDO~_.>,~", I ~':.W-g~~ ~ ~.5~ :o~:;:;<::"'~"'o'~o i ~ -5 ~ ~ :> 0.__ ~- , 1___-- \ \ , 13- ImagePoint. Rec:orn~ CONP.ONY ......- ADDRESS CITY.. ST. SURVE'IDR KIA MHO.. 1 -=--~~- --OWIII ... .. ?: 1lWL-4..._1ogo Sign ~ and plarrement are approximate - to be verified with a field survey prior to fabrication. /3- l)~ ImagePoint. Recommendation COMPANY SITEIDt ADDRESS CITY, ST. SURVEYOR KIA MNC"I" Fxisting: ChIonneI Letters Prop08ed: KWL-5.!5 Kia waD logo Sign sizes and placement are approximate - to be verified with a field survey prior to fabrication. 3 - 115 Council Agenda - 07/25/05 . 14. Consideration of a reauest for a Concept Staae PUD approval for Jefferson. an 890 acre mixed use proiect. Applicant: Heritaae Development. (NAC) A. Reference and Backaround. At its July meeting, the Planning Commission approved a concept PUD for Jefferson, after tabling action in June to allow the developer to refine its proposal in response to staff's report on the many issues surrounding the project. Those issues were raised as fundamental Comprehensive Planning concerns that form the underpinnings for reviewing the project. We have reiterated those questions below, for reference. After the June meeting, the applicants made a number of significant revisions to their plans. These include the following: a. Reduction in the number of units to 2,272 from nearly 2,700. The reduction was accomplished by eliminating more than 400 attached townhouses. The mix now stands at 802 detached single family (on lots ranging from 50 feet to 80 feet in width); 1,061 attached townhouses of varying styles, and 409 senior housing units, which the applicant proposes to count separately. As now designed, detached units comprise approximately 45% of the non-senior units in the project. . b. The bulk of the attached units were removed from the earlier phases of the project, replaced by an expansion of the business park. Many of these units were the lower valued units in the proposal. c. Replaced attached units with detached units in the southwest corner of the project in a conceptual layout. d. Of the attached townhouses, more than 25% directly front the golf course - units that should prove to be of higher value as represented by the developer. Several others are across the street from the golf course, or face a larger wetland amenity area e. Additional buffering has been added around the rural subdivision areas. f. Housing has been removed from freeway exposure, replaced by a proposed ballfield complex. g. While the applicant wishes to retain the east to west phasing, the mix of units in the first phases after the change to the plan result in a significant increase in detached units. The Planning Commission considered the changes and the resultant concept plan in light of the questions rais~g)~ the original staff report. Changed factors from the original proposal are highlighted in grey, with new comments underlined: . . The City's ability to finance, provide and maintain the extensive levels of infrastructure necessary to support a development that would increase the City's IL\_\\\o Council Agenda - 07/25/05 . population by up to 70%, including sewer, water, regional roadways, and a freeway interchange. . The market feasibility of the project in developing higher end housing, in light of the developer's proposal to remodel the golf course into a high-level facility over a period of 8 years, rather than "up-front". Staff notes that in similar projects in other locations, the amenities are provided at the beginning to set the tone for the project and attract the higher-end market. To reflect the pattern in these other projects, the phasing would need to be reversed, or the design of the project would need to be overhauled. While this concern is not vet fullv addressed. the chanqes in unit maix are a part of the developer's proposal to address this issue. . ure to ocated basic nature of This has also chanqed siqnificantlv with the current revisions. . . The trade-off of large areas of commercial/industrial guided land for medium- and hiQh-.8.~nsityr~side.nti.~1 development, Ii!f~~~~i!~g..J'~$f!~Z!a!qr~~f~f!~Q$i~l;lss!!!parkah~ 13ral:iresfqrlqcal ret.ail,! The applicants revised plan has doubled the area of the business park, closer to the Comprehensive Land Use Plan for this area. . The phasing plan for the pro'ect, housing units (and 145 det lowest-value housing in the eliminated from this area. As noted, nearlv 400 attached units have been The items raised above need to be considered even before the many "smaller" issues of project design, building architecture, neighborhood livability, retail use location, public ballfield location, public park and pathway provision, and relationship to existing land uses. This is not to diminish the importance of those factors, however. There are several such issues that staff and others have noted, some of which are not possible to fully examine at the scale of drawings currently available. B. Alternative Actions. Decision 1: Concept Stage PUD for the Jefferson project as revised. . 1. Motion to approve the revised Jefferson project, based on a finding that the changes to the Land Use Plan are consistent with the overall goals of the City, and that the plans for unit mix, unit style, and phasing are more closely in keeping with the City's development objectives for this area. This motion is \4-\\1 . . . Council Agenda - 07/25/05 intended to be limited to the general components of the concept plan, and that detailed design issues, including site planning, street layout, architecture, and other details will require more extensive review at the time of Preliminary Plat and Development Stage PUD consideration. 2. Motion to deny the Jefferson Concept Stage PUD, based on a finding that the changes to the Comprehensive Plan necessary to accommodate the project are inconsistent with the City's overall development objectives in this area, and that the proposal will raise economic issues for the City in providing and maintaining infrastructure to support the project. 3. Motion to table action on the project subject to additional revisions as directed by the discussion. C. Staff Recommendation. Staff believes that the changes to the concept plan have addressed many of the issues raised by the earlier review. While there are several outstanding issues - many based on financing and economic impacts on the City - it may be reasonable to recommend approval of this concept plan in a limited fashion, and proceed to a more extensive set of planning documents at the Preliminary Plat and Development Stage PUD level. Although the Planning Commission's review has been focused on how the proposal complies with the existing land use plan, a separate analysis can be made as to how well the applicant's proposed Land Use Plan changes would meet the development goals of the City. If those goals include high-amenity housing development, the proposed golf course development - including the townhouse development adjacent to the golf course and wetlands areas - can be viewed as fitting that vision. As noted in the proposed motion, there are volumes of additional details to analyze. The scope of this Concept Stage approval, if granted, should be noted as being very narrowly drawn. If the City Council believes that any specific numerical objectives should change, those should be stated as a part of any motion to approve, or as a part of any findings to deny. D. Supportinq Data 1. Revised Site Plan 2. Revised Site Plan with Land Uses in color 3. Revised Site Plan with Street System highlighted \ '-\ -\\% ~ ?: ~ , ... ~ ~ ~ , .~ ~ .. ~ ~ ~ ~ ~ " <> < ~m "I< o~u <(1)< ~:i~ . 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Buffalo Bituminous, the Contractor for the School Boulevard Project, was asked to provide quotes for the following items: I. Colored concrete 2. Stamped concrete 3. Stampcd colored concrete 4. Exposed aggregate In addition, Buffalo Bituminous was asked to secure additional quotes for the brick pavers to see if the $13.75 pcr square foot cost could be decreased. . Currently, staff is waiting for Buffalo Bituminous to provide this information for evaluation. Buffalo Bituminous indicated that they will provide the information for the City Council meeting on Monday, July 25, 2005. We are also attempting to get a quote on the pavers from another contractor. Once the information has been received, a memorandum will be prepared and laid on the table for your information prior the Council meeting. B. ALTERNATIVE ACTIONS: 1. Approve an option for landscaping the entrance to Jefferson Commons, based on the memorandum provided prior to the Council meeting. 2. 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