City Council Agenda Packet 11-14-2005
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AGENDA
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday November 14, 2005 - 7 p.m.
NOTE: 5:30 P.M. MEETING ON AUAR FOR HERITAGE DEVELOPMENT
Mayar:
Clint Herbst
Cauncil Membcrs:
Glen Pasusta, Wayne Mayer, Tam Perrault and Brian Stumpf.
I. Call to. Order and Pledge af Allegiance.
2A.
2B.
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Approve minutes Octaber 24, 2005 regular Cauncil meeting.
Approve minutes afthe Octaber 27,2005 jaint meeting with Palice Cammissian.. .
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Cansideratian af adding items to. the agenda. ~ Lt1;"JJlNlLU ,,,, ~ 2- J
~ c,fr.., &cr/1-. 6(cAh;fi....J .
4;-. Citizen camments, pe~itians, requests and campt:rrhts. (~. tld,~(~. fILN(j a ~
J'7(ib~lle DlJoN -~t-iRlul1 . y..J Q ..J. . .~ f-/'-^T 51: p~ 1Afr4J<-.-
5. Canscnt agenda: - '^-J'v1'I..J
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A. Cansideratian af approving hires and departures.
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B.
Cansideratian af appaintment af electian judges far special general electian an
Navember 22, 2005.
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Cansideratian af a request far rezaning fram AO (Agriculture Open Space) to. R-IA
(Single Family Residential) Carlisle Village Faurth Additian. Applicant: Shadaw Creck
Carparatian.
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D.
Cansideratian af approving the 2006-2007 cantract with Wright Caunty far palice
serVices
E. Cansideratian af increasing the fees for weekend burials.
F. Cansidcratian to ratify secand amendment to. license agreement between the HRA, the
City and Racky Mauntain Graup.
G. Cansideratian af accepting work and approving final payment far Storm Sewer Outlet at
Meadaw Oaks and 1-94 Watermain Crossing, City Project Nas. 2004-9C and 2004-IOC
H. Cansideratian afapproving final plat Hillside Farms 3'd and 4'h Additian.
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T.
Cansideratian af authorizing submittal af draft AUAR for Heritage develapment.
.T. REMOVED
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Agenda
Monticello City Council
November 14, 2005
Page 2
6. Consideration of items removed from the consent agenda for discussion.
7. Public Hearing on proposed assessment and possible adoption of the assessment roll for the
2005 Core Street Reconstruction, City Project No. 2005-1 C. 1!fJJ4.- *f: ~
8. Public Hearing - Continued hearing on appeal of a variance for a secondary driveway in an R-I
zoning district.
9. Consideration of approving a conditional use permit for 896 sq. ft. detached accessory structure
in an R-I Zoning District as no SlU'vey was provided.. Applicant; Richard Bastien Central
Masonry and Concrete.
] O. Consideration of a request to obtain an option for purchase of city owned parcel of land on
Cedar Street - Visicom (Bruce Hammond).
11. Consideration of amendments to purchase agreement for sale of property to Mike Krutzig -
Jefferson Commons.
12.
Consideration of process for selling city owned residential lot - River Terrace Addition.
13. Consideration ofa request for snow removal from public sidewalk on Chelsea Road from
Sandberg Road to TH 25.
14. Consideration of authorizing to advertise for the Street Superintendent position from within
existing staff of employees.
15. Consideration of a request for a conditional use permit for a detached accessory structure in an
R-4 residential district. Applicant: Kjellberg's Tne.(Uplans are not received action would be
to deny the cup for the accessory structure)
16. Consideration of approval of final plat - Carlisle Village Third Addition.
17. Consideration of approving final plat and development agreement - Emerald Heights.
18. Consideration to install all-way stop signs at the intersection of School Boulevard and Cedar
Street.
19. Consideration of approving bills for November.
20.
Consideration of counteroffer on A VR relocation (Closed meeting with City Attorney to
discuss pending litigation relating to A VR condemnation)
21. Adjourn
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MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday October 24, 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 Pledl!e of AlIel!iance.
Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge
of Allegiance was said.
2A. Ann rove minutes October 10. 2005 rel!ular Council meetinl!.
TOM PER~A.ULT MOVED TO APPROVE THE MINUTES OF THE OCTOBER 10, 2005
REGULAR COUNCIL MEETING. WAYNE MAYER SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
2B.
Annrovc minutes of the October 10. 2005 biosolids workshon.
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BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE OCTOBER 10, 2005
BIOSOLIDS WORKSHOP. TOM PE~ULT SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
3.
Consideration of addinl! items to the al!enda.
Brian Stumpf added agenda item # 12, rejecting the bid results on the Mississippi Drive Park
Parking Lot Improvements to the consent agenda. Clint Herbst added a discussion of a lctter
from a resident on Park Placc Drive; an update on the compost facility and a telephone
conversation with Bruce Anderson regarding Front Street and Linn Street river bank erosion
problem. Glen Posusta added discussion of Deputy Registrar's Officc, liquor store sign and
city employees cell phone use. Wayne Mayer added an update on the four way stop at Ccdar
Strcet and School Boulevard.
Brian Stumpf stated that hc will not be able to attend the October 27, 2005 joint meeting with
the Police Commission and other public safety representatives to plan the agenda for an
upcoming public meeting.
4.
Citizen comments. netitions. reQuests and comnlaints.
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Jason Penaz, 5944 Badger Street spoke to the Council about construction in his area and when
that work would be completed. Consulting Engineer, Bret Weiss indicated that the devcloper
has decided not start that part of the work this fall. He is proposing to include it in the next
phase of the development. If the developer does not proceed with the work, the City has funds
in place to finish thc street construction. Either way, the work would not be done before next
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Council Agenda - 10/24/05
year. Mr. Penaz asked about Schluender putting in sod this fall. Bret Weiss stated he will
check with the contractor and get back to Mr. Penal. on this matter.
Clint Herbst felt the Council should be taking a stand on matters like and in the future give the
developers a deadline for the developer to complete the work. If they don't do it the City will
take the security deposits in place and use them to complete the work. Bret Weiss stated that if
the City decides to complete this work it could be included in another project that would be
done in the spring.
Bob Grabinski, 1610 Oak Ridge Circle spoke regarding Carlisle Village. He noted that in the
agenda item relating to Carlisle Village. Bret Weiss had made recommendations on matters
relating to erosion control and other problems in the Carlisle development,
5. Consent a!!enda:
A. Consideration of approving hires and departures. Recommendation: Ratify hires and
departures as recommended.
B.
Consideration of approving an ordinance amendment to Title 2,Chapter 5, Library
Board. Recommendation: Adopt Ordinance #433 amending Title 2, Chapter 5 of the
City Code.
C. Consideration of approving rezoning for Hunters Crossing 2'" Addition from A-O to
R-l. Recommendation: Approve the rezoning from A-O to R-l for Hunters Crossing
2" Addition.
D. Consideration of accepting six month liquor store financial report. Recommendation:
Accept the six month liquor store fmancial statement as presented.
E. Consideration to ratify the amendment to the license agreement between the HRA. City
and Rocky Mountain Group, LLC. Recommendation: Approve ratifying the
Amendment to the License Agreement between the BRA, the City and Rocky Mtn
Group, LLC.
F. Consideration of approving revised liquor license for Applebee's Neighborhood Grill &
Bar. Recommendation: Approve the liquor license for Applebee's Neighborhood Grill
and Bar with a revised license period of October 31,2005 through June 30, 2006.
G.
Consideration of appointment of election judges for special primary election on
November 1,2005. Recommendation: Appoint the following judges to serve as
election judges for the 2005 special election: Adair Alexander, Fred Anderson, Gregory
Ashfeld, Joan Brandon, Donna Brauch, Ron Broekcmeier, Janet Bromberg, David
Carlson, Lucille Clausen, Edith Custer, Rosemary Dahl, Mary Daniels. Kristi DeMarais,
Jan Doucette, Jamie Fischer, Kaye Gauthier, Judy, Bolley, Jeanette Holt, Lynnea
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Council Agenda - 10/24/05
Gillham, Jan Irvine, Lori Kraemer, Wanda Kraemer, Arlene McIntire, Judy Moody,
Robert Nelson, Merrijo Nesland, Richard Quick, Randy Smith, Rita Soltau, Patricia
Sonju-Thielman, Opal Stokes, Sandy Suchy, Diane Wefel and Lorraine Wolff.
Consideration of denial of a request for a conditional use permit for a detached
accessory structure in an R-I Zoning District. Applicant: Jason VanderHeyden.
Recommendation: Move to deny the conditional use permit amendment for a detached
accessory structure in an R -I Zoning district,
1.
Approve payment for site grading of the Dahlheimer Distributing Site as per the HRA
contract. Recommendation: Approve payment by the HRA. in the amount of $45,000
to R.L Larson Excavating, InL
J.
Consideration of a request for a preliminary plat of the Monticello Travel Center 2'"
Addition: conditional use permit for a development stage planned unit development; a
variance to parking requirements in the B-3 Zoning District and consideration of the
final plat of the Monticello Travel Center 2'" Addition. Applicant: IRET Properties,
Recommendation: Decision I) Approve the request for the Monticello Travel Center
2"d Addition preliminary plat subject to the conditions listed below and contingent on
associated Cedar Street vacation based on a finding that the use is consistent with the
Comprehensive Plan and appropriate for the subject site; Decision 2) Approve the
application of the conditional use permit for a development stage PUD with the
comments listed below and based on the findings that the proposal would comply with
the City's Comprehensive Plan and long-term development goals for the area; and
Decision 3) Approve the final plat subject to the conditions identified in the preliminary
plat and pun approval contingent on vacation of portion of Cedar Street to be included
in plat and associated deed transfer.
I. The applicant shall submit revised plans illustrating compliance with the final
City Council approval prior to final plat.
2. The Wendy's parking area must confirm at least a 5-foot setback from all lots
lines.
3. Any parking within drainage and utility easements is constructed at the owners
risk. Parking areas that are damaged by the City in the event that access is
needed to the underlying utilities will be replaced at the owner's cost.
4. The applicant shall verify plans for 5-foot sidewalks along the entire length of
the subject site on the south side o[Oakwood Drive and the west side of Cedar
Street.
5.
The applicant must submit plans showing the proposed location and dimensions
of any outdoor storage and/or sales.
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Council Agenda - 10/24/0S
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6.
The signage plans submitted for the October 4, 200S Planning Commission are
approved as submitted.
K. Consideration of denial of a request for a rezoning from PZM to B-3. Applicant: MMC
land Company. Recommendation: Move to deny the rezoning request from PZM to
B-3 based on a finding that the most appropriate zoning for the area due to proximity of
extensive residential uses is the PZM District.
L. Consideration of an ordinance amendment to the Monticello Zoning Ordinance relating
to the regulation of pylon signage. Applicant: City of Monticello. Recommendation:
Move to deny the amendment to the zoning ordinance changing the number of pylon
signs permitted on properties with freeway frontage based on a finding that the current
sign ordinance sets forth sign regulations consistent with the goals of the City of
Monticello.
M. Consideration of approving final plat for Blue Chip Development. Recommendation:
Approve the final plat for Blue Chip Development contingent upon the conditions
associated with the preliminary plat approval made by the City Council on August 12,
200S.
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N.
Consideration of tabling action on a conditional use permit for 896 sq. ft. detached
accessory structure in an R-] Zoning District as no survey was provided.. Applicant;
Richard Bastien Central Masonry and Concrete. Recommendation: Move to table
action on the request.
O. Consideration to approve the final plat and development agreement for Carlisle Village
3cd Addition. Recommendation: Move to approve the Carlisle Village 3cd Addition final
plat subject to the conditions for building permit and erosion control as noted in the
agenda report and to approve the development agreement for Carlisle Village 3cd
Addition.
P. Consideration of authorizing staff to obtain an appraisal on City property available for
sale. Recommendation: Authorize staff to obtain an appraisal for lot S, Block S River
Terrace Addition.
Q. Consideration of award of bid for Mississippi Drive Parking Lot Improvements, City
Project No. 200S-36C. Recommendation: Move to reject the bids received and rc-bid
the project for construction in 2006.
Items #SH, #S.I, #SO and #SP were pulled from the consent agenda for discussion.
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BRIAN STUMPF MOVED TO APPROVE THE CONSEl'JT AGENDA WITH THE
REMOVAL OF ITEMS #SR #S.I, #SO AND #SP AND WITH THE ADDITION OF
AGENDA ITEM #12 AS #SQ (BIDS ON MISSISSIPPI DRIVE PARK PARKING
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COlillcil Agenda - 10/24/05
IMPROVEMENTS CITY PROJECT NO. 2005-36C). TOM PERRAULT SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
6.
Consideration of items removed from the consent a!!enda for discussion.
#5H - Amendment to conditional use permitfor a detached accessory structure - Jason
VanderHeyden. Tom Perrault stated he had looked at the site and since the Planning
Commission's recommendation for denial was a 3/2 vote, he felt this item should be opened up
for discussion.
Glen Posusta, Planning Commission liaison, stated that the Planning Commission had
originally granted a conditional use permit to allow the property owner to construct a detached
garage on his property. The intent was to have green space between the apron of the bui lding
and the driveway. The applicant is requesting that the conditional use permit be amended to
allow him to pour concrete to connect the driveway to the apron of the building. Glen Posusta
stated he has looked at the site also and it appears that the property owner is putting in a
concrete parking area next to the detached structure which is contrary to what the Planning
Commission wants to see in a residential area.
Jason VandcrHeyden, 4537 Cobblestone Court stated that under his building permit he was
allowed a 30' x 32' apron. Hc would like to extend that apron an cxtra 10 feet to his existing
driveway. lIe has talked to his neighbors and they have no objections to his extending the
apron another 10 feet. Dick Frie, Planning Commission Chairman stated that he was in
support of the request to amend the conditional use permit. Mr. Frie stated that what was
proposed would create an aesthetically pleasing setting. He felt this was a good way to get
items stored outside moved into a building.
If the amendment to the conditional use permit is approved, the property owner would be
required to submit a landscape plan for along the driveway edge and would be restricted trom
outside storage on the driveway, except for patio furniture and only licensed operable passenger
vehicles would be allowed. Dick Frie stated it is a driveway going into a double garage. Right
now there is a 10 foot gap which the property owner wants to Iil!. Dick Frie felt denying the
amendment to the conditional use permit to allow the 10 foot extension would be preventing
the finishing touch from being done.
Glen Posusta said the 13 feet on the n0l1h side of the garage is what concerns him as it appcars
that the intcnt is to havc something parked there. Jason VanderHcyden said that the intcnt was
to have it for access so that he could use a skid loader to bring materials to his retaining wall.
Glen Posusta stated his concern about tllture property owners parking RV's in the area. Dick
Frie reiterated that if approval was given it would be with certain conditions including
shrubbery on the south side. There was a question on what was originally approved. Jeff
O'Neill said he thought the pad was larger than what was approved but he would have to check
the records to determine what was approved. He said the Planning Commission wanted to
maintain the green space and have a smaller pad. Brian Stumpf and Tom Perrault both felt
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Council Agenda - 10/24/05
some landscaping ofthc area should be required. Glen Posusta stated hc felt the property
owner went overboard with the concretc.
TOM PERRAULT MOVED TO APPROVE THE AMENDMENT TO THE CONDITIONAL
USE PERMIT FOR 4537 COBBLESTONE COURT INCLUDING CONDITIONS THAT THE
APPLICANT SUBMIT A LANDSCAPING PLAN ALONG THE DRIVEWAY EDGE FOR
STAFF APPROVAL AND THAT THE CONDITIONAL USE PERMIT ]S MADE SUBJECT
TO A PROHIBITION OF OUTDOOR STORAGE ON THE DRIVEWAY WITH THE
EXCEPTION OF COMMON PATIO FURNITURE AND ONLY THE PARKING OF
LICENSED, OPERABLE PASSENGER VEHICLES SHOULD BE ALLOWED. WAYNE
MA YER SECONDED THE MOT]ON. MOTION CARRIED UNAN]MOUSL Y.
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#5J - Monticello Travel Center 2nd Addition Tom Perrault had a question on the driveway
locations in the development and whether the driveway layout would allow adequate spacing to
turn left to get into Wendy's. Bret Weiss responded that there was a great deal of discussion
about that including lining the driveway up with the Holiday entrance. The consensus of staff
was that if it becomes a problem to make a left turn then trame will just go to Cedar Street.
One modification that was presented was that Oakwood Drive bc striped for a turn lane. They
discussed extending the curb out and not allowing the right turn lane to go all the way to Cedar
Street. Clint Herbst asked if the median was extended further would it encourage traffic to go
on Cedar Street. Bret Weiss responded if it gets to be a problem people will go another way.
Glen Posusta questioned the comment that the sitc would meet the B-3 sctback of 5 feet from
the property line. He questioned why a business could not have a parking lot over an easement
area as long as it was covered by agreement that the if work was done in the easement area the
property owncr would be responsible for the cost of repairs. Jeff O'Neill statcd that while that
is a possibility the City has recently approved an ordinance amendment establishing 12 foot
easements. He added the amendment doesn't apply to this site since this was prior to the
amendment.
Steve Grittman said the setback area can be used for green space. He said an agreement
covering the easement would protect the City but the person who makes the agreement is not
always the one who ends up with the responsibility for the cost of repairs. Steve Grittman said
from the revised site plan it would appear that the developer would have room for a 5' setback.
Glen Posusta also questioned the comment that the existing services should be used rather than
constructing new ones. Wayne Mayer asked Bret Weiss to show on the drawing the location of
the existing utilities. Bret Weiss showed the services that could be utilized by Wendy's and
I loliday and added that rather than dig up new streets to install services it seemed to be more
practical to use the existing ones.
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Glen Posusta asked what was the rationale for having the parking requirements for a semi-
trailer tractor trucked approved by the City Engineer. Steve Grittman stated it was so delivery
trucks would have adequate space for maneuvering.
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Council Agenda - 10/24/05
GLEN POSUSTA MOVED TO APPROVE THE PRELIMINARY PLAT FOR
MONTICELLO TRAVEL CENTER 2'0 ADDITION CONTINGENT ON ASSOCIATED
CEDAR STREET VACATION, BASED ON A FINDING THAT THE USE IS CONSISTENT
WITH THE COMPREHENSIVE PLAN AND APPROPRIATE FOR THE SUBJECT SITE.
WAYNE 'vfA YER SECONDED THE MOTION. MOTION CARRIED WITH BRIAN
STUMPF VOTING IN OPPOSITION SINCE HE FELT ITEMS #2 AND #3 FROM EXHIBIT
Z SHOULD BE INCLUDED.
Brian Stumpf stated his opposition vote was because he wished to have John Simola elaborate
on the 5' setback for utilities. Bret Weiss stated he and John Simola were pushing for no
parking lots on the utility casement. Bret Weiss said they don't know what utilities are there or
have to go in there. Even with an agreement, the property owner will have a reluctance to tear
up the parking lot for any work or repair in the easement area. Clint Herbst asked the City
Attorney, Soren Mattick, about the legality of an agreement requiring the property owner to
make such repairs. The attorney indicated such agreements arc valid.
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GLEN POSUSTA MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR A
DEVELOPMENT STAGE PUD TO ALLOW A DRIVE-IN CONVENIENCE FOOD
ESTABLISHMENT, MOTOR FUEL STATION/CONVENIENCE STORE, CAR WASH,
JOINT PARKING AND DRIVES, OPEN AND OUTDOOR STORAGE AND A RETAIL
COMMERCIAL DEVELOPMENT BASED ON THE FINDINGS THAT THE PROPOSAL
WOULD COMPLY WITH THE CITY'S COMPREHENSIVE PLAN AND LONG TERM
DEVELOPMENT GOALS FOR THE AREA. WAYNE MAYER SECONDED THE
MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITIO~ FOR
THE SAME REASONS AS NOTED IN APPROVING THE PRELIMINARY PLAT.
GLEN POSUST A MOVED TO APPROVE THE FINAL PLAT OF MONTICELLO TRAVEL
CENTER SECOND ADDITION SUBJECT TO CONDITIO~S IDENTIFIED IN THE
PRELIMINAR Y PLAT AND PUD APPROVAL AND CONTINGENT ON V ACA TION OF
PORTION OF CEDAR STREET TO BE INCLUDED IN PLAT AND ASSOCIATED DEED
TRA~SFER. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION.
Glen Posusta brought up the matter of another sign that was being proposed for the site. The
sign would be for Dairy Queen and an unnamed business or restaurant.
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Dan Mielke spoke regarding the sign issue stating that in 200 1 with the existing PUD they had
received sign application approval that would give them a 57' pylon sign on the property. They
had proposed a twin pole pylon sign with 264 square feet of area. He wanted to make sure on
the new plan they could sell a triangular piece for ofland for the placement of the sign. He
clarified that the proposed location of the sign for Dairy Queen would be on the southeast
corner of the plal. JetlO'Neill stated that was the site that was approved earlier and he didn't
thing the development would interfere with where they place it. Dan Mielke noted that the sign
would no longer be on their property. Glen Posusta felt to make a more symmetrical site it
would look better to go with the same style sign for each sign. Clint Herbst asked about the
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Council Agenda - 10/24/05
drawing for the Holiday/Wendy's sign which showed an area of 400 square feet and the
previously approved sign had an area of 264 square feet. He felt both signs should be the same
size. Clint Herbst felt the Council could recommend going with one pole or two pole design
but the didn't feel the Council should increase the square footage. The approval was for 264
square feet and not 400 square feet. If they are going to request more sign area, they would
need to go back to the Planning Commission. Jeff O'Neill stated that dual pole or single pole
is not an issue. The height and square footage of the sign should be what was approved and
concurred that any deviation trom that should go back before the Planning Commission. Dan
Mielke asked if some of the other signs were omitted would some consideration be given to
allowing more square footage.
#50 - Final plat Carlisle Village 3'd Addition: Clint Herbst said he was upset by what is going
on in the development. He cited the mess on the streets, storing of materials in the street,
erosion problems, violation of the tree preservation plan. etc. He said he liked the idea of no
building permits being issued unless those items are taken care of and felt the City needed to
stay on top of this. He stated the developer should be sweeping those streets at least once a
week if not twice.
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Bret Weiss stated that not all of the problems are the result of the developer's activities. Some
of the builders working in the development are doing what they want and not complying with
regulations. These builders will be tagged and not give permits or inspections until these issues
are taken care of.
GLEN POSUSTA MOVED TO DENY APPROVAL OF THE FINAL PLAT OF CARLISLE
VILLAGE TIIlRD ADDITION.
Brian Stumpf felt the City could send a strong message without denying approval of the plat.
Wayne Mayer questioned the City Attorney on grounds for denying plat approval. The City
Attorney said since the existing phases are not in compliance with the ordinance and conditions
of the development agreements that would be the basis for denial. The City Attorney said it is
an enforcement issue. The City withhold building permits and use the developer's deposits to
correct the situation and that action may take care of the problems. If they deny plat approval
the basis would be for non-compliance. Bret Weiss asked if the matter should be tabled or
denied. The City Attorney suggested tabling action and sending a letter out regarding the
concerns in the development. At the next meeting, if they no progress has been made, the
Council would then have some basis on their action to deny the plat.
GLEN POSUSTA RESCINDED THE PREVIOUS MOTIOJ\ AND MOVED TO TABLE
APPROVAL OF THE FINAL PLAT OF CARLISLE VILLAGE THIRD ADDITION AND
AUTHORIZE A LETTER BEING SENT TO THE DEVELOPER REGARDING THE
CONCERNS WITH OTHER PHASES OF THE DEVELOPMENT. WAYNE MAYER
SECONDED THE MOTION. MOTION CARRIED IJNANIMOUSL Y.
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Brct Weiss said they don't know if the developer will bring it back at the next meeting because
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Council Agenda - 10/24/05
it is already late in the year for curb and gutter to get in.
#5P - Appraisal on City owned property: Clint Herbst asked how much it would cost the City
to have an appraisal done. Rick Wolfsteller indicated a limited appraisal would be between
$200 and $300. Wayne Mayer suggested getting a free market analysis. Rick Wolfsteller
indicated that is one option the City could look at and that another option would be to list the
property with a realtor.
CLINT HERBST MOVED TO AUTHORIZE STAFF TO HAVE A MARKET ANALYSIS
DONE AT NO COST. WAYNE MAYER SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
7. Public Hearinl!: - Consideration of adoption and certification of delinauent utilitv
accounts.
City Administrator. Rick Wolfsteller provided background information on the proposed
assessment for delinquent utilities noting that the number of delinquent accounts has been
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Mayor Herbst opened the public hearing. There was no one present who spoke for or against
the proposed assessment for delinquent utility accounts. Mayor Herbst then closed the public
hearing.
BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT FOR DELINQUENT UTILITY
CHARGES. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
8. Public Hearinl!: - Consideration of adoDtion and certification of delinauent miscellaneous
accounts receivable.
Rick Wolfsteller provided background information on the proposed assessment. He indicated
that these assessments were for unpaid charges such as mowing on blighted property.
Mayor Herbst opened the public hearing on the proposed assessment of delinquent
miscellaneous accounts receivable. No one spoke for or against the proposed assessment.
Mayor Herbst then closed the public hearing.
BRIAN STUMPF MOVED TO ADOPT TIlE ASSESSMENT FOR DELINQUENT
MISCELLANEOUS ACCOUNTS RECEIVABLE. TOM PERRAULT SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
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Council Agenda - 10/24/05
9.
Public Hcarinl! - Continued Dublic hearinl! on consideration of vacation of Cedar Street
ril!ht-of-wav and vacation of drainal!e and utility easements in the plat of Monticello
Travel Center.
The developer is requesting vacation of a portion ofthe Cedar Street right of way. This vacated
right of way would be included in the final plat of Montieello Travel Center 2"d Addition. The
portion of right of way being considered for vaeation is 4,911 square feet. In addition to the
vacation of a portion of the street right of way, it is proposed to vacate the drainage and utility
easements as they exist in the plat of the Monticello Travel Center. In this way the new plat can
be filed without the cncumbrance of the old plat easements. Replacement easements would be
included in the flnal plat of Monticello Travel Center 2"d Addition. The public hearing had
been continued so that the vacation matter could be considered with the final plat approval.
If the City determines to vacate Cedar Street the Council should establish a price for the right of
way. In previous Couneil discussion on sale of right of way a price of $3 .50/sq. ft. was
suggested. The present Council needs to determine what price they want to set for the right of
way.
Charles James, Investors Rcal Estate Trust stated he built the Tom Thumb property. He stated
the property is not being sold to Wendy's or Holiday but is a long term ground lease. He
indicated that site plans had been prepared that would accommodate Wendy's and Holiday each
on their own lot and did not require a PUD. City staff had rcquested a common driveway to the
south. The nct effect of the common driveway was to push the driveway location way to the
east. He stated they would be closing the existing driveway on Cedar Street. By providing the
common driveway and eliminating one driveway they contributed to the overall benefit of the
area. He also addressed the issue of easements. He noted at on the site plan the City would be
retaining easements through this entire area. It was an imposition on them to move their
existing driveway further to the east and close the existing driveway but it was a benefit to the
City. He felt the City should take that into consideration.
Clint Herbst stated the vacation of Cedar Street should be contingent on a building permit being
issued. He felt this parcel of right of way could be considered as eeonomic incentive.
Providing some incentive to the developer should be eonsidered rather than charging the
developer $3.50 square foot for the parcel. Glen Posusta added that this project is taking place
without any TIF assistancc from the City. Glen Posusta would like to see the land sold for less
than the price established..
No one else spoke on the proposed vacation. Mayor Herbst then closed the public hearing.
There was some discussion on the price. There was $3.50 square foot as discussed by the
previous Council and thcre was also price givcn of $7,900. Rick Wolfstcller explained that
the $7,900 figure was the amount the property would have been assessed for street and utility
improvements if it had not been owned by the City. Glen Posusta said in light of the problems
with the redevelopment of this site he would like to see the price lowered as kind of a peace
10
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Council Agenda - 10/24/05
offering for things the City did to drag this out.
Brian Stumpf stated when this first came up he had wanted an appraisal donc. He added that
when the City is required to purchase land for easements and right-of~way they get an appraisal
done. He felt this property was worth something and that $3.50 square foot was a reasonable
price. Clint Herbst said he wanted to get the property developed and back on the tax rolls.
Tom Perrault agreed with Brian Stumpf that the City should get something for land that was
being vacated. Clint Herbst said the City could quibble about a couple of thousand dollars on
the sale of the right of way but this was a potential $1,000,000-$2,000,000 development that
could be on thc city's tax rolls.
The City Attorney stated that the City should establish what is fair market value and after that
the Council could adjust that fair market figure based on other factors. At this point it is not an
economic development package and the City is only looking at the sale of this site.
.
The Council discussed whether they should vacate the right of way and allow staff to come up
with fair market value. Brian Stumpf felt if the Council \vas going to vacate the right of way
now they should decide on a price at this time also. It was stated that regardless of who is
buying the land there is still a price tag on it. Glen Posusta said the value of the land is only to
the property owners who abut it. Glen Posusta felt City should not haggle over the sale price
of the right of way but look at thc value this development will add. Clint Herbst said the City
could table this so that the City Attorney could come up with the basis for the City making a
deviation from their market price. Thc City Attorney responded if the City is going to lower the
price they should have a rationale for lowering and then the City could enter into a purchase
agreement.
Charles James reiterated his earlier statement that they had ground leases with Wendy's and
Holiday and the devclopment could have gone in as originally proposed except that the City
required the common driveway. If the City would have had to condemn the land to get the
driveway they would have to pay a fair market value for that. He stated he was not unwilling to
accept the assessment amount of $7,900. He statcd they have spent time and money to locate
the driveway as requested by the City where the City wanted it. Wayne Mayer felt the project
had been strung out long enough. The City staffs effort to get m,Lximum tax dollar from the
developer are sometimes leading them down a long trail. Although he didn't like the idea of
giving this land to an individual, he had to question the value of this piece of land to anyonc
except adjacent property owners. Wayne Mayer didn't have a problem with getting a value
established for the land and then coming up with a rationale for lowering it. Tom Perrault felt
the City should still get something for thc land since thc developer needs it for a project just as
thc City docs for a project. Clint Herbst pointed out that the need for this parcel came about
because of staff pushing a common driveway.
.
GLEN POSUSTA MOVED TO V ACA TE CEDAR STREET RIGHT OF WAY AS
REQUESTED AND TRANSFER TilE LAND TO TilE DEVELOPER AT THE PRICE OF
$1.00/SQ. FT. TJIE SAME PRICE AS BEING ADVERTISED FOR THE CITY'S
11
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10.
.
Council Agenda - 10/24/05
INDUSTRIAL LAND. CLINT HERBST SECONDED THE MOTION.
In further discussion, Brian Stumpf stated that $1.OO/sq. ft. was not enough. Wayne Mayer said
even if the $7900 was agreed upon or the $4,900 ($1.00 sq. ft) would the City not let this
project proceed. Tom Perrault asked about a time frame on the sale.
GLEN POSUST A AMENDED HIS TO MOTION TO V ACA TE CEDAR STREET RIGIlT
OF WAY AND TRANSFER THE LAND TO THE DEVELOPER AT PRICE OF $1.00 IS Q.
FT BY ADDING TIlAT CONSTRUCTION ON THIS PROJECT STARTS BY JUNE 1,2006
OR THE RIGHT OF WAY REVERTS BACK TO THE CITY. CLINT IlERBST
SECONDED TIlE AMENDED MOTION.
The City Attorney suggested a closing date of June 2, 2006 for the sale of the right of way.
Charles James stated they cannot record the plat without title to the right of way.
GLEN POSUST A RESCINDED THE PREVIOUS MOTIONS AND MOVED TO V ACA TE
TIlE CEDAR STREET RIGHT OF WAY AS REQUESTED AND TRANSFER TIlE LAND
TO THE DEVELOPER FOR $1.00/SQ. FT. NO CONDITIONS ATTACHED. CLINT
HERBST SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF
VOTING IN OPPOSITION.
The City Attorney was directed to draft a purchase agreement.
Public Hearin!! - Continued hearin!! on appeal of a variance for a secondary driveway in
an R-l zonin!! district.
The City has not heard back from the property owner regarding the survey so staff is requesting
that this item be tabled until a future meeting to allow adequate time for a decision to be made
on the survey.
BRIAN STUMPF MOVED TO CONTINUE THE PUBLIC HEARING ON THE VARIANCE
APPEAL TO TIlE NOVEMBER 14,2005 MEETING. WAYNE MAYER SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
11.
Consideration of declarin!! eosts to be assessed and call for a public hearin!! on the
assessment of the Core Street Proiect No. 2005-1
Bret Weiss said the assessment hearing will be held at the November 14,2005 meeting.
Tonight the COlillcil was being presented with preliminary assessment rolls showing proposed
assessments if20%, 30% or 40% of the project eosts were assessed. Since the bonds were
issued for this project, it is required that at least 20% of the cost be assessed. When the Core
Street Reconstruction Program was initiated a S2,500 rate was set and this amount was to be
adjusted annually based on the construction cost index. In this case, however, since bonds were
issued, the City was going with 20% of the cost to be assessed. Based on 20% the cost per
12
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13.
.
Council Agenda - 10/24/05
residential unit is $2,967.87.
Rick Wolfsteller noted that in other areas of the Core Street program curb and gutter was
already in place. The 2005 project area did not have curb and gutter and also required storm
sewer improvements. This would normally be an assessment of $5,000-$7,000 if the property
owner was paying the full cost.
BRIAN STUMPF MOVED TO ADOPT THE RESOLUTION FOR THE 2005 CORE
STREET IMPROVEMENT PROJECT DECLARING THE COSTS TO BE ASSESSED
BASED ON 20% OF THE PROJECT COSTS BEING ASSESSED AND SETTING THE
ASSESSMENT HEARING FOR NOVEMBER 14,2005. GLEN POSUST A SECONDED
THE MOTION. MOTION CARRIED lJNANIMOUSL Y.
Clint Herbst stated any other options for assessment such as using last years rate and adjust for
the construction cost index be brought back at the next meeting.
12. Consideration of award of bid for Mississiooi Drive Parkin!! Lot Imorovements. City
Proiect No. 2005-36C.
Included with the consent agenda with the recommendation not to award the contract.
Consideration of cstablishin!! relocation sites for the billboards located on the former
A VR site.
With the acquisition of the A VR site, the City is required to make a decision on the three
billboards located on the site. At least one of the three billboards will be required to be
relocated. Jeff O'Neill provided background infom1ation on the criteria they used to determine
other suitable locations for the signs. The City would have to pay the value of the signs over
the lease period to Lamar signs. It is proposed to relocate the signs to city o\'med property and
the City will then collect the revenue from the billboards.
Based on the 11 criteria used it was felt that the westerly sign should be relocated to the Fallon
Avenue. The easterly sign could be moved to the River Street location. Lamar requested this
sign be moved even though the City is not required to do so. The central sign could be moved
to Elm Street right of way which is near the freeway. It was reiterated that only one sign must
be moved off the property entirely. Clint Herbst noted by relocating the sign you would be
encumbering the location it was moved to. There was some discussion on whether a
subcommittee should be set up to study sites for the relocation of the other two signs. The
moving of the one sign needs to be done shortly. Glen Posusta suggested that wherever the
signs are relocated to that adjacent property owners are notified of the sign relocation. Jeff
O'NEILL stated if the sign is relocated on Fallon Avenue there is some rezoning required
because ofSt. Henry. Wayne Mayer asked if the location could not be moved to the ballfield
area. .TeffO'Neill stated that the ballfield land is not owned by the City but leased trom Xccl
Energy.
13
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Council Agenda - 10/24/05
TOM PERRACL l' MOVED TO RELOCATE THE ONE SIGN TO THE RIVER STREET
LOCATION. CLINT HERBST SECONDED THE MOTION CARRIED UNANIMOUSLY.
Added Items:
Park Place Drive: Clint Herbst stated he had reeeived a letter from a resident in the Klein Farms 7'"
Addition regarding the completion of the work in the development. Bret Weiss indicated that there
was a dispute with the contractor about work not being built to the City's design standards. The
developer was given the option to replace the work in question, or have a deduct from the contract.
There is no longer a letter of credit in effect from the developer. Clint Herbst suggested the Couneil
move forward with having the City complete the work. If the City decides to pursue litigation that
could be done at a later time. Bret Weiss stated he wasn't sure if the work could be completed this fall
and if not it would be done next spring.
GLEN POSUST A MOVED TO HAVE THE CITY PROCEED WITH THE COMPLETION OF
CONSTRCCTION IN THE KLEIN FARMS 7rH ADDITION. TOM PERRi\ULT SECONDED THE
MOTION. MOTION CARRIED UNANIMOCSL Y.
.
Compost Facility: John Simola had prepared an update on the City's compost facility. Clint Herbst
stated he had contacted Commissioner Pat Sawatzke about treating the compost at the County's
facility. Pat Sawatzke indicated that he would bring this before the County Board. Pat Sawatzke
didn't believe the County would charge for taking the compost material but the City would have to pay
the cost of hauling the material out there. Brian Stumpf stated he would like to hold off on making a
decision on this until John Simola gets back.
.
Linn and Front Street Erosion: Representative Bruce Anderson had contacted the Mayor and Council
about an erosion problem in the area of Linn and Front Street. City Engineer Bruce Westby stated that
in September the property owner had contacted the City about the problem. He and Bret Weiss
investigated the situation where the property owners back yard is sloughing off into the river. Runoff
from the street is contributing to the problem because the driveway apron is sitting low and the runoff
from the street enters at this point. WSB is looking at slope stabilization issues and funding
possibilities in an effort to come up with a solution. It was noted that the City had experienced some
very heavy periods of rain and that there were also springs located in the area. In addition the property
owner does not have a concrete basement so there was water in the basement that was seeping out.
Wayne Mayer said his concern was that Bruce Anderson felt the storm sewer system was inadequate.
Wayne Mayer suggested building up the apron as a possible remedy. Bruce Westby said they would be
coming back to the Council with some recommendation. Bruce Westby felt the City needed to look at
increasing the capacity of the storm sewer in the area and look at other options for directing water away
from the property. Brian Stumpf would like a letter sent to Bmce Anderson so he knows the City
acted on this item. Bret Weiss said a recommendation would be made at the November 14. 2005
meeting unless the Council wanted to proceed with something before then. The bank needs to be
stabilized and an overOow swale constmcted which he estimated would cost between S40,000-
$50,000.
14
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Council Agenda - 10/24105
Flooding areas - Bruce Westby reported that they had looked at the areas of flooding and the concern
was that the building pads were not at the elevation they should be according to the grading plan. He
and John Simola will do further review and study on verifying the building pads are at the correct
elevation.
Deputy Registrar -Glen Posusta stated he would like to investigate the possibility of the Deputy
Registrars office relocating to the MCC. It was felt that the government services should be together if
possible. Rick Wolfsteller noted that the existing site could be expanded by taking some space from
the food shelf/clothing portion. There was some discussion whether the MCC was a suitable site for
this type of activity. It was noted that the City does own land across the street at the library site that
could house a 4000 square foot building. Brian Stumpf felt there should be some long term planning
and noted the possible relocation of the fire hall whieh would then open up that area. Glen Posusta
said he doesn't want to see government grow but he wants to make government more efficient. He felt
the existing MCC facility could be better utilized and felt this site should be looked at further. Wayne
Mayer agreed that most people do not where the Deputy Registrar office is located and ordinarily he
would like to see government operations in one area. Clint Herbst suggested forming a committee
with Wayne Mayer and Glen Posusta on it to look into this further.
.
Liquor Store Sign: Glen Posusta brought up the liquor store sign and asked when that would be
replaced. He stated it may be too late to get it done this year but felt it should be put in place next year.
Brian Stumpf felt the sign should be left as long as it was in good condition and replace it when it
needs to be replaced.
Employee Cell Plume Use: Glen Posusta expressed his concern about employees using their cell
phones while driving city equipment. The City Attorney noted that there was nothing in the statutes to
prohibit them from doing so. Glen Posusta questioned whether there were liability implications for the
city if an accident occurred while the employee was on the cell phone. It was suggested if safety
concerns were the issue, then a policy could be implement stating that if you are driving a vehicle, you
should pull over when using the cell phone. Another option would be to install hands free equipment
in city vehicles. Glen Posusta felt it was not so much hands free as lack of attention to driving.
Four way stop Cedar Street and School Boulevard - Wayne Mayer asked about any follow up
information on the Police Commission's requcst for a four way stop at the intersection of Cedar Street
and School Boulevard. Bret Weiss indicated this was forwarded to the traffic engineer, Chuck Rickart
who is looking into it. The feeling is that a signal may bc looked at instead of a four way stop sign.
The concern is what type of system can be put in place. Bret Weiss will bring this back at the next
meeting.
Years of Service: Clint Herbst congratulated WSB on their 10 years of service.
14.
Consideration of aDnrovinl! bills for October.
.
BRIAN STUMPF MOVED TO APPROVE PA YMENT OF THE BILLS FOR OCTOBER.
TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNA"JIMOUSL Y.
15
II
.
15.
Adjourn
The meeting was adjourned at 9:50 p.m.
Recording Secretary
.
.
Council Agenda - 10/24/05
16
\15
.
MINUTES
SPECIAL JOINT MEETING OF THE CITY COUNCIL AND POLICE COMMISSION
Thursday, October 27, 2005 - 7 p.m.
Councilmembers Present:
Wayne Mayer and Tom Perrault
Councilmembers Absent:
Glen Posusta, Clint Herbst and Brian Stumpf
Police Commission
Members Present:
Brad Fyle and Dick Slais
Sheriff s Department
Representatives Present:
Sheriff Gary Miller, Dan Anselment, Mike Evans and Joe Hagerty
Staff:
City Administrator, Rick Wolfsteller and Deputy City Administrator, Jeff
O'Neill
.
The purpose of the joint meeting was to discuss the idea of Monticello establishing a public safety
informational meeting for city residents that could provide information on why the City of Monticello
contracts for its police protection services through the Wright County Sheriff Department and provide a
forum for allowing citizens to ask questions regarding our public safety services through the police and
fire department.
Sheriff Miller noted that his department has prepared a basic informational program that he could
present at a open forum meeting describing the benefits his department provides in contracting with
various local communities including Monticello. The committee brainstormed other ideas on what
type of agenda could be prepared for an informational meeting and it was noted that possibly a public
safety open house mceting could be conducted in conjunction with a META program being planned for
early next year. It was the consensus of the committee members that conducting a open house format
for the public in conjunction with a drug educational program may attract more citizens to attend and
city staff should works towards utilizing the Mississippi Room in the Community Center for this
program on a Saturday.
The idea of ajoint program involving the Sheriffs Department and Fire Department in conjunction
\\~th the MET A program will be discussed by the MET A representatives at their next meeting and if
they arc in concurrence with this idea, a date will be scheduled for early next year. Police Commission
may meet again in late November or early December to review the results of the .'vIET A meeting and
continue planning for a joint open house.
.
Recordi ng Secretary
\q
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SA.
Council Agenda - 11114/05
Consideration of aoorovine: new hires and deoartures for MCC. and Liquor Store. (RW)
A. REFERENCE AND BACKGROUND:
The Council is asked to ratify the hiring and departures of employees that have occurred
recently at the MCC, and Liquor Store, As you recall, it is recommended that the Cowlcil
officially ratify the hiring of all new employees including part-time and seasonal workers,
B. ALTERNATIVE ACTIONS:
1. Ratify the hiring of the employees as identified on the attached list.
C. SUPPORTING DATA:
.
.
Lists of new employees,
ao
. NEW EMPLOYEES
Name Title Department Hire Date Class
Taylor, Katelyn Guest Services 2 MCC 10/24/2005 Part Time
Gudmundson, Sarah Lifeguard MCC 10/12/2005 Part Time
Parker, Dustin Slide Attendant MCC 10/18/2005 Part Time
Kendall, Jodi Clerk, Stock Liq uor 10/26/2005 Part Time
TERMINATING EMPLOYEES
.
Name
Nordlund, Andrew
Reason
Involuntary
Department
MCC
Last Day
10/24/2005 PT
Class
.
employee councillisLxls: 11/1/2005
5A-;)\
.
5B.
COlillcil Agenda - 11/14/05
Consideration of aDD ointment of election iudl!es for sDecial Drimarv election on
November 1. 2005. (RW)
A. REFERENCE AND BACKGROUND:
Previously the City Council approved a list of election of judges that were eligible to
work at the primary election that was held on November I, 2005. We are requesting that
the Council approve that same pool of judges to be used at the general election on
November 22, 2005. The attached list of judges have received the required training and
are qualified to serve as judges in the 2005 special election.
B. ALTERNATIVE ACTIONS:
c.
.
D.
.
1. Appoint the election judges as listed in the attached document to serve for the
2005 election.
STAFF RECOMMENDATION:
The attached list is a pool of individuals that the City can draw from who are trained and
have been certified as election judges. It is the recommendation of the City
Administrator that the Council approve this list of individuals to serve as election judges.
SUPPORTING DATA:
Election judge list.
d-d
5 16- d. 3
.
ELECTION JUDGES
2005 GENERAL ELECTION
.
Alexander, Adair 6090 Wildwood Way, Monticello, MN 55362
Anderson, Fred 122 Marvin Elwood Road, Monticello, MN 55362
Ashfeld, Greoorv 1515 Oak Ridoe Circle, Monticello, MN 55362
Brandon, Joan 164 Jerrv Liefert Drive, Monticello, MN 55362
Brauch, Donna 701 W River St. PO 122, Monticello, MN 55362
Broekemeier, Ron 1440 Oak Ridae Circle, Monticello, MN 55362
Bromber;:;: Janet 172 Jerrv Liefert Drive, Monticello, MN 55362
Clausen, Lucille 320 W BroadwaV, PO 145, Monticello, MN 55362
Custer, Edith 1410 Hilltop Dr, Monticello, MN 55362
Dahl, Rosemarv 1229 SandVLn, Monticello, MN 55362
Daniels, Marv 701 E 4th St, Monticello, MN 55362
DeMarais, Kristi 724 West River Street, Monticello, MN 55362
Doucette, Jan 1314 Prairie Creek Lane, Monticello, MN 55362
Fisher, Jamie 4663 Countrv Circle, Monticello MN 55362
Gauthier, Kave 126 Hillcrest Rd, Monticello, MN 55362
Hollev, Judv 660 Riverview Drive
Holt, Jeanette 236 Front Street, Monticello, MN 55362
Gillham, Lvnnea 915 W. Broadwav, Monticello, MN 55362
Irvine, Jan 325 E 4th St, Monticello, MN 55362
Kraemer, Lori 648 Broadwav West, Monticello, MN 55362
Kraemer, Wanda 1009 Golf Course Road, Monticello, MN 5536276
Mcintire, Arlene 1120 West River St, PO 516, Monticello MN 55362
Moodv, Judv 118 Kamoa Circle, Monticello, MN 55362
Nelson, Robert 68 River Terrace, Monticello, MN 55362
Nesland, Merriro 330 Third Street East, Monticello, MN 55362
Quick, Richard 113 4th Street SE, Monticello, MN 55362
Smith, RandV 109 CraiOLane, Monticello, MN 55362
Soltau, Rita 624 E River St, PO 53 Monticello, MN 553362
Sornu-Thielman, Patricia 1344 Prairie Creek Lane, Monticello, MN 55362
Stokes, Ooal 215 Locust St, PO 626, Monticello, MN 55362
Suctil/; SandV 890 Briar Court, Monticello, MN 55362
Wefel, Diane 4561 Cobblestone Ct., Monticello, MN 55362
Wolff, Lorraine 1201 Golf Course Road, Monticello, MN 55362
.
.
sc.
.
.
Council Agenda: 11/14/05
Consideration of a request for a rezonine: from A-O (Ae:ricuIture-Open Space) to R-IA
(Sine:le Familv Residential. Applicant: Shadow Creek Corporation. (NACI AS)
A. REFERENCE AND BACKGROUND
The Planning Commission reviewed this request at its regular November meeting. The
Commission approved the request.
The applicants are seeking approval ofa rezoning from A-O to R-IA. This rezoning is for the 4th
Addition of Carlisle Village. The rezoning of the property commonly occurs at the time that the
final plat is ready to be filed, and the lots are ready to be dcveloped. The City Council has
previously approved the final plat for Carlisle Village 4th Addition.
In the case of Carlisle Village 4th Addition, the Planning Commission had intended to
recommend approval ofthe R-lA zoning designation for the 4th Addition in its 2003 decision on
zoning for the entire site. HO\vever, the public hearing notice for the rezoning actually only
includcd the I st Addition. Therefore. the Commission and Council are asked to consider this
matter during the proper public forum in order to meet the technical requirements for rezoning.
The R-lA zoning district is an important part of the Carlisle Village project, and the request is
consistent with the original PUD application from 2003.
B.
ALTERNATIVE ACTIONS
The Planning Commission recommends alternative 1 below.
1. Motion to approve the rezoning from A-O to R-I A for Carlisle Village 4th Addition,
based on a finding that the rezoning meets the intent of the City's Comprehensive Land
Use Plan for the area.
2. Motion to deny the rezoning of Carlisle Village 4th Addition, based on findings as
identified by the City Council.
C. ST AFF RECOMMEND A nON
Staff recommends approval of the rezoning based on thc Comprehensive Plan as noted. The
recommendation is consistent with the approved final plat for Carlisle Village 4[h Addition.
D. SUPPORTING DATA
A. Site Plan
B. Staff Report for Planning Commission - 05/06/03
C. Minutes of Planning Commission - 05/06/03
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Planning Commission Agenda - 05/06/03
Public Hearing - Consideration of a request for concept stage planned unit
development and preliminary plat approval, and consideration of a request to
rezone from AO to R-IA, R-2 and R-2A. Applicant: Shadow Creek Corporation
(NAC)
REFERENCE AND BACKGROUND
Shadow Creek Corporation is requesting concept review for a Planned Unit Development
proposal and preliminary plat approval of an approximately 80 acre mixed residential
development to be known as Carlisle Village. The site is located off of C.S.A.H 18
(Jason Avenue), just east of the Wild Wood Ridge and Rolling Woods developments.
The northern 40 acres of the site is proposed to consist of a mix of76 R-2A single family
lots and 95 row-townhouse units. The southern 40 acres includes 76 R-IA styled lots.
The site is currently zoned A-O, Agricultural Open Space, and is proposed to be rezoned
R-IA, R-2A and R-2. The Comprehensive Plan designates this site for future R-IA
development. The southerly half has been annexed and the northerly half will be
reviewed by the City Council for annexation in June.
The Planning Commission needs to make comment on three major issues in order to
determine the direction and process of this application. The first of these issues includes
the appropriate type of land use for this site. The Planning Commission has a great
degree of discretion as to what zoning and land use pattern will be approved. The
Comprehensive plan designates this site for R-IA, large lot low density single family use.
The northern portion of the proposed project includes a mixture ofR-2A, small lot single
family lots. and row-townhouse uses. Is this mixture of uses acceptable for this site?
The second point of discussion, also tied to land use, is the requested use of a Planned
Unit Development. The applicant is proposing to use a PUD to average the density of the
site to meet the 3 units per acre low density qualification as well as to narrow the street
right-of-way and street cross section in the southern portion of the site for the purpose of
salvaging a number of major overstory trees. Should the averaging of the lot sizes in
determining density be exclusive to the northern portion of the site as the southern
portion of the site is simply meeting the R-IA standardsry Is the narrowing ofthe street
right-of-way in the southern portion of the site accomplishing its purpose? It is the
applicant's responsibility to make a compelling case as to how the granting of a PUD will
make this project superior to what would be developed under the strict standards of the
ordinance.
The third point of discussion includes the design and layout of the site which will be
discussed, along with the previous points, within this report. Planning staff would like to
emphasize again, that although this project has somewhat jumped ahead with their
request for preliminary plat approvaL it is important that both planning staff and the
Planning Commission start from the beginning and determine the correct zoning, land use
and density for the subject site.
Land Use: The currently undeveloped site rises in elevation from north to south with
a few fairly steep grades in the southern portion of the site. There are 12 jurisdictional
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Planning Commission Agenda - 05/06/03
wetlands dispersed throughout the site and the majority of the southern 40 acres is
covered with a large area of overstory trees.
As previously stated, the Comprehensive Plan designates this site for R-IA (Single
family District) development. The R-IA district was created for the purpose of
delegating area with amenities such as rolling terrain, considerable vegetation cover, and
visual appeal for low density, larger lot styled development. The southern 40 acres of
this site matches this description and is being proposed to be developed in this manner. It
can be argued however, that the northern 40 acres of this site lacks the amenities needed
to develop in the R-IA standards. The most common zoning distinction for the low
density land use class is the R-I District. The applicant is proposing to zone this portion
of the site, R-2 and R-2A, with a PUD allowing a mixture of row-townhouse units.
The purpose of the R-2A district is to provide for low to medium density, detached single
family housing and directly related complementary uses. The R-2A district is
distinguished from the R-2 district in that it has more extensive development standards
and is intended to accommodate small lot residential development in traditional
neighborhood arrangements with high levels of amenities.
The following table illustrates the lot summary for the proposed project:
-
Lot Summary
R-tA
R.1A
Row
To\vnholl
ses
TOTAL: 240
Lots
I
76 Lors
70 Lots
94 Lots
The proposed density for the entire 79.68 acre site is as follows;
Gross I 3.0 I ,
I Acreag units/ac
e re
I Net 3. [3
Acreag units/ac
e I re
.
It has been the City's standard to consider low density as being under 3 units per gross
acre or 4 units per net acre. Arguably, the R-lA district density should be considered
lower than three units per acre. The southern portion of this site, which is proposed to be
developed under the R-IA standards, is at a density of approximately 1.9 units per acre.
As such, staff suggests that the southern 40 acres be taken out of the equation when
determining the average density. With the approval of the PUD averaging and land use
designation of R-2A and R-2, the applicant would then have to stay within the 3 units per
gross acre as defined as low density development within the northern portion of the site.
As the site is currently designed, the gross density of the northern section is equal to
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Planning Commission Agenda - 05/06103
approximately 4.1 units an acre. Under this interpretation, the northern portion as a
proposed 164 units. but would be permitted no more than 120 units.
Zoninz' The subject site has been annexed and is zoned A-a, Agricultural Open
Space. The northern approximately 40 acres of the site is being requested to be rezoned
R-2A and R-2. The remainder of the site is proposed to be rezoned R-IA.
Due to the lack of amenities in the northern portion of the site, Planning staff supports
developing it as a PUD with a mixture ofR-2A and R-2 development. subject to the
overall density of this portion of the site not exceeding 3 units per acre. As previously
stated, it rests on the applicant's shoulders to present a compelling case for the use a
PUD. Although the Planning staff is comfortable with the mix of uses, the proposed
density is too high and there are design issues that will be discussed in this report.
Lot Standards:The following table illustrates the lot requirements for both the R-IA and
R-2A districts;
R-tA R.2A R-2
Lot Area 16,000 sf avg. 7,500 sfavg. ]2,000
Lot Width 90 feet avg. 45 feet 80 feet
Front Setback 35 feet avg. 10 feet 30 feet
Side Setback- 15 feet 6 feet 10 feet
House Side
I Side Setback- 6 feet 6 feet 10 feet
Garage Side
Rear Setback 30 feet/usable 10 feet 30 feet
Roof Pitch 6112 5112 3/]2
Garage Size 700 sf 450 sf none
Foundation Size 2,000 sf 1.200 sf none
Finished Size 2.000 sf 1.200 sf none
I Foundation Size 1.400 sf None none
I Garage Location No closer than 5 No closer than none
I ft. in front of front front building line
building line of of living space
living space
Fa,ade Detail 20% brick/stone 20% brick/stone or standard
I or 10% if70% is I 10% if70% is
covered \-\lith covered with wood
wood or stucco - or stucco
I Garage Frontage 40% of bldg. 50% of bldg. width standard I
width in front- in front-facing
facing
Landscaping Sod & two trees Special standard
per lot in new requirements for
I subdivision or front yard
four trees for landscaping
corner Jars
Both the R-l A and the R-2A districts allow for an averaging of lot sizes. The proposed
average area for the R-2A district is 12,800 square feet and the average area for lots in the
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Planning Commission Agenda - 05/06/03
R-IA district area is 18,093 square feet. All other perfonnance standards will need to be
met, including building setbacks from wetlands.
The exception area at the northwestern portion of the site is ghost platted into five lots,
with a portion of the northern most lot needing a portion of Lot I, Block 2. The
preliminary plat should eliminate the sliver of land at the southern portion of Lot I, Block
2.
Circulation/Street Layout and maintenance: The project is proposing that a large portion
of the street right-of-way in both the southern and eastern portion of the site be at a 50
foot width. The City's standards are 60 feet with a 32 foot street cross section. This is
being requested as part of PUD flexibility for the purpose of limiting the damage to a
large area of existing trees. The applicant has not, however, documented how the
narrower right-of-ways will accomplish this task. Upon review of the grading plan. it
appears that grading wil1 Occur outside of the 50 foot right-of-way, which defeats the
purpose. If the applicant is going to pursue this request nlrther, the applicant must show
exactly what trees will be saved and how the narrower right-of-way wil1 accommodate al1
of the public utilities, a street, a sidewalk on one side, and the "small" utilities (gas,
electric, cable). Further, the applicant should describe what process will be used to save
trees on each lot - (i.e. marking, site management during construction). If all of this is
accomplished and the narrower street right-of-way is justified, staff proposes that we
follow the model approved for the Bruggeman project, which was a 52 foot right-of-way
with a 32 foot street which may be off set to provide room for a sidewalk.
Other issues and/or comments regarding circulation and access are as follows;
.
Although the City has no plans to extend development to the east at this time, a
connection should be made in case it becomes an important some time in the future.
Street connection to the south, east, and west need to be confirmed as to whether they are
located in a spot that can accommodate reasonable development layouts.
The street connection to the west should be a through street in the R-2A area and the cuI-
de-sac should be redesigned to T into it.
The townhouse area shows 12 foot wide connector loop streets to provide service vehicle
through -access. The engineer is concerned this may be too narrow, or two hammerhead
turn arounds should be employed.
Cul-de-sacs should be used only where necessary due to wetlands and/or topography.
Where used, they should be oversized cul-de-sac' s with the landscaped medians.
The landscaped median islands that should be located in the cul-de-sacs should be an
outlot owned by each of the lots fronting on the cul-de-sac in equal undivided interests,
responsible for maintenance of the plantings, etc.
There are currently too many R-2A lots located off of the cul-de-sac. The City generally
limits the number of driveways off of cul-de-sacs to 4 or 5 at the most.
.
.
.
.
.
.
Park / Trail: The site does not provide area for a park. The future park and trail plan
does not discuss the area. A payment in lieu of park dedication will be required from the
applicant and the Parks Commission must decide where a park to serve this area and
future surrounding development should be located. The Parks Commission has identified
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Planning Commission Agenda _ 05/06/03
a park search area directly west of the site. Sidewalk and pathway systems will be
required to allow good access to the future park. The Parks Commission is in the process
of updating the Comprehensive Park Plan for this area. A pathway along the County 18
right-of-way needs to be included.
The following is a list of additional comments and concerns:
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. The prope11y owner to the south of this project area claims that the property line is not
shown in the right location.
. The little hook curve in street F should be eliminated.
. City needs to evaluate the feasibility of extension of sanitary sewer to the south.
. The exception parcel in the NW part of the development needs to be incorporated into the
plat.
. The townhouse area needs to be designed with a minimum building separation of 96 feet
- a 52 foot public right-of-way and a 22 foot front building setback.
· If private streets are used, the minimum building separations are 74 feet _ 24 foot private
street with 25 foot garage-to-curb distance on each side of the private street.
· The townhouse area needs to show additional parking as two -car garages, two spaces in
the driveway, plus one additional space per three units.
· Planning commission should comment on the architectural characteristics of the R-2 and
R-2A units.
. Additional thought should be given to establishing a grading plan that trades trees for
wetland. The current plan saves wetland at the expense of trees in an area where trees
may be the more valued resource.
AL TERNA TIVE ACTIONS
Decision 1: South Portion
la. Rezone from A-O to R-lA
1. Motion to recommend approval of the rezoning from A-O to R-IA based
on a finding that the proposed zoning would retlect the intent of the City's
Comprehensive Plan.
2. Motion to recOmmend denial of the rezoning form A-O to R-IA based on
a finding that the proposed zoning is not consistent with the intent of the
City's Comprehensive Plan.
I b. Concept Stage PUD approval
1.
Motion to recommend approval of the concept stage PUD, based on a
finding that the proposed PUD is consistent with the goals of the
COmprehensive Plan, subject to the applicable conditions of Exhibit Z.
I
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Planning Commission Agenda - 05/06/03
Motion to recommend denial of the concept stage PUD, based on a
finding that the proposed PUD is not consistent with the goals of the
Comprehensive Plan.
Ie. Development Stage PUD
I. Motion to recommend approval of the development stage PUD based on a
finding that the proposed PUD is consistent with the goals of the
Comprehensive Plan, subject to the applicable conditions of Exhibit Z.
2. Motion to recommend denial of the development stage PUD based on a
finding that the proposed PUD is not consistent with the intent of the
Comprehensive Plan.
Id. Preliminary Plat
I. Motion to recommend approval of the preliminary plat based on a finding
that the plat meets the requirements of the Zoning Ordinance, subject to
the applicable conditions listed in Exhibit Z.
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2.
Motion to recommend denial of the preliminary plat based on a finding
that the plat is premature until the land use and design issues described
within this report are figured Ollt.
Decision 2: North Portion
2a. Rezone from A-O to R-2A and R-2
I. Motion to recommend approval of the rezoning from A-O to R -2A and
R-2 based on a finding that the proposed zoning would reflect the intent of
the City's Comprehensive Plan.
2. Motion to recommend denial of the rezoning form A-O to R-IA and R-2
based on a finding that the proposed zoning is not consistent with the
intent of the City's Comprehensive Plan.
2b. Concept Stage PUD approval
1.
Motion to recommend approval of the concept stage PUD. based on a
finding that the proposed PUD is consistent with the goals of the
Comprehensive Plan, subject to the applicable conditions of Exhibit Z.
.
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2.
Planning Commission Agenda - 05/06/03
Motion to recommend denial of the concept stage PUD, based on a
finding that the proposed PUD is not consistent with the goals of the
Comprehensive Plan.
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2c. Development Stage PUD
I. Motion to recommend approval of the development stage PUD based on a
finding that the proposed PUD is consistent with the goals of the
Comprehensive Plan, subject to the applicable conditions of Exhibit Z.
2. Motion to recommend denial of the development stage PUD based on a
finding that the proposed PUD is not consistent with the intent of the
Comprehensive Plan.
2d. Preliminary Plat
I. Motion to recommend approval of the preliminary plat based on a finding
that the plat meets the requirements of the Zoning Ordinance. subject to
the applicable conditions listed in Exhibit Z.
..,
Motion to recommend denial of the preliminary plat based on a finding
that the plat is premature until the land use and design issues described
within this report are figured Ollt.
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STAFF RECOMMENDATIONS
Staff recommends approval of (I a, lb. 2a, 2b) subject to the conditions listed in exhibit Z
and tabling of (I c, I d, 2c 2d). Both development stage PUD and Preliminary Plat
considerations appear premature in that upon compliance with the conditions tied to
approval of the concept stage PUD and rezones, the plat will need to be revised and may
change substantially. Staffrecommends that Planning Commission members walk the
site prior to the meeting if possible.
SUPPORTING DATA
Exhibit A - Site Location Map
Exhibit B - Site Plan
Exhibit C - Landscape Plan
Exhibit D - Townhouse building elevation plans
Exhibit Z - Conditions of Approval
.
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Planning Commission Agenda - 05106/03
Exhibit Z:
Concept Stage PUD Conditions of Approval- Carlisle Estates
I. The southern portion of the site (R-IA) is to be taken out of the equation in calculating an
averaging of density. The northern portion of the site (R-2A, R-2) will be permitted no
more than 120 units (3 units per acre).
2. The exception parcel in the NW part of the development needs to be incorporated into the
plat. (The developer has agreed to this request).
3. The plans must show what trees will be saved by narrowing the right-of-way to 50 feet.
4. The applicant must show how the proposed narrow right-of-way can accommodate all of
the public utilities, a street. a sidewalk on one side. and the "small" utilities (gas. electric.
cable).
5. The applicant must describe what process will be used to save trees on each lot -
(marking. site management during construction).
6. A connection should be made to the east of the site for possible future development.
7. Street connection to the south. east, and west need to be confirmed as to whether they are
located in a spot that can accommodate reasonable development layouts.
8.
The street connection to the west should be a through street in the R-2A area and the cul-
de-sac should be redesigned to T into it.
9. The 12 foot wide connector loop streets in the townhouse area should be widened to
provide adequate access for service vehicles.
10. Cul-de-sacs should be used only where necessary due to wetlands and/or topography.
Where used. they should be oversized cul-de-sac's with landscaped medians.
II. The landscaped median islands that should be located in the cul-de-sacs should be platted
as an outlot. owned by each of the lots fronting on the cul-de-sac in equal undivided
interests, responsible for maintenance of the plantings.
12. The number of driveways off of the cul-de-sacs are limited to 5 at the most.
13. A payment in lieu of park dedication will be required from the applicant as determined by
the parks commission and approved by City Council.
14. A pathway along the County 18 right-of-way needs to be included on the plans.
Additional sidewalk in townhome area linking to sidewalk at Street A is needed.
15.
The hook curve in street F is to be eliminated.
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16.
,Planning Commission Agenda - 05/06/03
City needs to evaluate the feasibility of extension of sanitary sewer to the south.
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17.
The townhouse area needs to be designed with a minimum building separation of 96 feet
- a 52 foot public right-of-way and a 22 foot front building setback.
18. If private streets are to be used, the minimum building separations in the townhouse area
are to be 74 feet - 24 foot private street with 25 foot garage-to-curb distance on each side
of the private street.
19. The townhouse area needs to show additional parking as two-car garages, two spaces in
the driveway, plus one additional space per three units.
20. Planning commission should comment on the architectural characteristics of the R-2 and
R-2A units.
21. The plan requires approval from Wright County Highway Department.
22. Approval from the Wright County Soils and Conservation District.
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8.
Public Hearing - Consideration of a request for concept stage planned unit development and
preliminarv plat approvaL and consideration of a request to rezone from AO to R-IA and R-
2A. Applicant: Shadow Creek Corporation
Steve Grittman, City Planner, provided the staff report and advised that the Planning
Commission looked at this project previously when it only included the north portion where
they proposed attached townhouse style homes. It was the direction of staff and City
Council to reduce the density and since that time the applicant has acquired the area to the
south. R-IA standards apply here due to the wooded land and taking advantaged of the
physical site amenities. When looking at this proposal since the smaller project was
proposed, the land use plan directs that the south portion be zoned R-IA and the north
portion would be more appropriately zoned low density, typically R-I single family,
although the city has allowed R-2 zoning. Grittman advised that the working definition of
low density is 3 units per acre on gross, 4 units on net. The applicant's have proposed
utilizing the 3 and 4 units per acre over the entire site, and as a result there is a net density of
approx 3.01 units per acre, the calculation factoring the R-IA section of the property.
Planning staffs opinion is that the intent is not to co-combine those two areas and not to do
away with R-l zoning, further advising that the Planning Commission should look at this
site as two physical zones such as R-l and R-IA. Grittman summarized that the north
portion would have 40 too many units on the site to comply with the 3 units per acre,
although the applicant disputes that interpretation. He stated the applicant wishes to proceed
with development stage and preliminary plat. In staffs opinion the land use issue needs to
be resolved.
The applicant's are looking for PUD approval on the south portion asking for narrower
streets and narrower cross sections which will permit them to save additional trees in that
area per the applicant. Grittman stated that late last week the applicant provided a plan
showing which trees would remain and which would be lost. Their indication is that they
would save 62% of the trees in the wooded area after development. More detailed tree
preservation is to be provided by the applicant as a requirement of staff. Therefore the
recommendation is to proceed with concept stage and re-zoning, but hold on the
development stage and preliminary plat until they have a chance to review and pending
Planning Commission's direction, they will proceed. It was recommended by Grittman that
the item be continued and table action at this time. He further stated regarding the structure
of the decisions in the staff report, this is a complex project and therefore they have broken
down the decisions between the north and south portions.
Brian Stumpf questioned Grittman if on a concept stage PUD, is it common to have a list of
conditions as long as the one provided in the staff report. Grittman stated at concept stage a
list of conditions/suggestions can vary. Concept stage gives the opportunity to get these
items on the table to discuss and bring back at development stage. Since this is a combined
concept and development stage, that list is combined. Frie asked if the applicant was aware
of the 22 conditions for approval of the concept stage, and Grittman stated that they did get a
copy of the report, and they have had a number of conversations with the developer.
~
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.
Gair stated that regarding density, he felt they had a fairly good understanding that the larger
lots would be located to the south and smaller to the north, blending together, but staff is
asking to separate the 40 acres and he didn't see any particular value to segregate. He
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Whether they expected to see all of these conditions, he was unsure, Staff felt it was their
obligation to bring these forward.
Chair Frie opened the public hearing. Frie asked Mike Gair, representing the applicant, to
present a compelling case to the Planning Commission and focus on this to convince the
Planning Commission to approve. Gair stated that the matter of compelling argument is
subject to dcfinition and that he would present their best thoughts, and due to a long history
with this projcct, hopefully by the end they will convince the Planning Commission. Chair
Frie asked Lucinda Gardner, applicant, about her comment in her recent letter to the
Planning Commission stating she was taken aback and would she explain. Gair stated for
Gardner that it was primarily due to the request to separate the two parcels. He further stated
that the list of conditions could either be reduced or expanded, depending on the results of
this meeting.
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Gair concurred with Grittman's statement that this project could be seen as complex, but
from their point of view it is good and simple. Regarding the PUD, the only flexibility they
are seeking has to do with the 50 ft ROW versus a 60 ft ROW, and only in the wooded
area. If determined that there is little if any value in reduction, they will maintain the 60 ft
ROW. It is their feeling it is beneficial. Gair provided a site plan indicating wetlands,
topographic rclief noting the highest portion is in the wooded area. Gair provided thc tree
preservation count which listed types and numbers of trees, and where they are located on
the site. Their primary focus is preservation of the woodland area and protection of
wetlands. He also pointed out the road way and how it lays out in the site plan for
maintaining larger lot sizes, saving trees, and producing a lot yield that is usable and in
accordance with the ordinance.
Gair concurred thcrc had been several meetings previously with staff dating back to 2000
and advised that all previous comments by staff have been incorporated into this plan.
Regarding Bret Weiss' report on wetlands, they knew approximately where they were
located. A decision was made to design an intersection at the location for ROW, enter the
development, loop back through development and back out The subdivision to the west
would be connected. Gair stated 3 product types indicating 94 row townhomes, noting the
12 ft road width was an alley and only for trash vehicles and snow plows to pass through.
He stated a selling price of approximately $215,000 to $230,000 and ovmerioccupied
attached. The second type would be single family, R-2A standards with 50 ft. lot widths
versus the 45 ft required; the last type is in the southern area and would be R-1A single
family with larger wooded lots and selling price of approximately $200,000 to $260,000. He
does not feel this project has jumped ahead as stated in the staff report and also advised that
the tree inventory was a pricey ordeal and feels that this developer will do a good job at
preserving the trees.
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advised there was already a mix of homes in the southern 40 acres. Gair further stated that
he felt the density was slightly low, versus high. In regard to the request for a 50 ft ROW,
he pointed out that there is roadway, curb, gutter, sidewalk, and utilities, all within that 50 ft.
He also noted for the Bruggeman proposal they settled for 52 ft. If they were to have a 60 ft.
ROW the buildings would be moved back and he felt they would lose an additional 77 trees.
He noted that the intent of the R-1A is to preserve wooded lots and therefore the reduction in
ROW.
Frie asked Gair to work with staff on addressing the 22 conditions, due to the length of the
agenda. Gair advised that conditions 21 and 22 deal with the Countv, conditions 17 and 18
- -
regarding separation of buildings has been included in revised plans, and condition 19 meets
the standards as well. Parking within the townhome area per Bret Weiss' concern, provides
for a ratio of 1 space per 2 units which is in excess of the 1 per 3 required by ordinance.
Gair advised that 37% of the total units proposed are townhomes and 63% single family. In
the Wildwood Ridge development. he advised it was 66% townhomes, 44% single family,
which is just opposite. Gair further stated that the proposed Spirit Hills addition is also the
same way and this development is generating more single family detached than the other
two he noted.
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Lucinda Gardner, Farr Development, advised that regarding the trees, those listed are only
the trees that are 8" and larger. Frie asked Gair to address stormwater and he advised that
there will be a new stormwater basin which was originally designed to minimize or
eliminate problems with Ditch 33. He also advised of more catch basins as well as wetlands,
and that this was all engineered by a professional. Frie asked staff about the holding pond in
the southeast corner of Rolling Woods and was it the intent to hold storm water off the
Hermes property as well as adjacent properties. Grittman stated that was correct, this one
will handle its own. O'Neill clarified that there are possibilities to shift some of the water
from this site to Gillard, avoiding construction of a stomrwater lift station to the north, but
that details need to be explored. He also added that this might have some impact on this site
and Gair stated that this would be good for them as well. O'Neill added that one of the
reasons the former mayor and himself encouraged inclusion of the souther portion in this
plat was due to affordability.
5C - 3 I
Steve Conroy, Attorney representing Scott Walters, an adjacent property owner to the south.
addressed the commission and stated he had spoken to Lucinda Gardner already advising of
a potential issue with a fence and property line discrepancy, adding that the fence has been
in place for approx. 40 years. Mr. Walters may seek annexation at some point, per Conroy.
O'Neill advised that this would be addressed at final plat stage, and from now until that time
they will proceed. Frie asked Gardner if she had applied for annexation for the north portion
and it was clarified that the southerly portion is the part that has not been annexed, not the
north portion as stated in the staff report.
e
Roger Mack, Street Dept. Supt., questioned if there would be park dedication and O'Neill
advised that there is a park search area that staff has identified and they will be acquiring
-9-
e
Dragsten asked how the developer would guarantee the size and quality of the homes,
referring to the problems with the Wildwood Ridge development. It was noted that there
were problems with covenants, or the lack of. Lucinda stated she had submitted house plans
and proposed covenants/association documents for this development. Hilgart asked about
the previous zoning of the north portion being R-I at 3 units per acre, and now wanting to
average this over the entire 80 acres, going from R-IA to R-2A. Gardner stated that when
they purchased the property to the north it was zoned R-IA. Through the process of
working with staff it was determined that in one area, due to Ditch 33, they needed to
remove 5 acres for stormwater and when they put the costs together several years ago, it was
at that point in time they were encouraged to acquire additional property, spreading the 3
units per acre over the entire area. She stated they felt that was the direction given from the
past Mayor and staff. O'Neill clarified that they did not necessarily state the entire area to
be 3 units per acre, they were just trying to spread the costs out but not necessarily the
e
park dedication funds from the developer. He advised that the adjoining subdivision will
provide park, as well as the trails in place that will connect. Mack felt this was a lot of
people with no park. He also discussed street width and due to snow plowing, this could be
a problem. He also asked about parking and it was stated they propose two spaces per unit,
per ordinance. Mack stated as a private citizen, he did not feel that 16,000 sq. ft. lots were
considered large.
e
Chair Frie then closed the public hearing. There was discussion among the members
regarding how to address the park situation and Carlson did not feel they should rely on the
neighboring parcel. Grittman stated that the park plan concept is that neighborhood parks
would be spaced approx. Y:, mile apart. Rolling Woods would meet that space requirement.
The park search area is also meeting that requirement. Frie stated that the park in Rolling
Woods is small and does the Parks Commission know that this will not be large enough to
handle both. It was advised that the Parks Commission has reviewed the plan. For the short
term, access will be from existing parks. It was further stated that this project will obtain
fees to acquire additional park land. It was advised that this development would require 8
acres of raw park land. Gair also noted that trail connection will be added. Carlson asked
Gair about preserving trees in the front yards and Gair stated they could, it is almost
impossible but there are ways. He stated that at the next level they would provide
engineering data to show how these will be preserved. There is a management system put in
place for tree preservation. Grittman added that another project that Gair was involved in
had a successful tree preservation plan. Frie added that upgraded housing was a goal of the
city and he questioned if this development was meeting that, referring to the price of the
homes per Gair. Grittman stated he felt it does from a development side with preserving
woodlands, leaving the dollar figure discussion out. Frie was surprised that the homes in the
wooded area were only in the $200,000 to $260,000 range. Gair noted that this number is
conservative and also noted the proximity to 1-94 as a positive thing, stating that area would
continue to grow. O'Neill clarified that the 2,000 sq. ft. finished requirement for this zoning
would put the lot average at approx. $62,000, just to meet code, and the homes may be
closer to $260,000 to start.
-10-
sc- '3 'is
Concept Stage PUD
e
density. Gardner further commented that when the city was looking at R-IA and R-2A, she
had numerous conversations with O'Neill that they were guiding the north portion toward
R-2A as it did not have the amenities. O'Neill stated that with every site plan that comes
through they do not state that it would definitely not work or vice versa. Gair further added
that in the staff report it states it has been the city's standard to use 3 units per acre net and 4
units gross, and he feels they are not abusing this. Hilgart did not feel it should be spread
out over the entire 80 acres. Grittman further advised that this was the intent to further
discuss what this portion should be zoned, since it is not zoned at this time. He noted they
were reluctant to go too far without having this discussion first. Land use types and
residential mix is not the city's objection, it's the density, per Grittman. Hilgart stated that
presuming they require 3 units per acre on the north 40 acres, how would they feel as this
would give them 120 units versus 160 units. Gair stated that would be something they
would definitely need to discuss to see if it would be viable.
O'Neill asked Gair about the stormsewer lift station and had they figured out a cost. O'Neill
stated that there could be additional savings if this is found to not be necessary. Frie asked if
the concerns noted in the staff report were those noted in the conditions of Exhibit Z.
Grittman stated these were general comments/concerns, some are reflected in the conditions,
some are design issues. O'Neill clarified that he did have the elevations of the homes on
hand for them to view.
Decision 1: South Portion Rezoning from A-O to R-1A
e
A MOTION WAS MADE BY DICK FRJE TO RECOMMEND APPROVAL OF THE
REZONING FROM A-O TO R-IA, BASED ON A FINDING THAT THE PROPOSED
ZONING WOULD REFLECT THE INTENT OF THE CITY'S COMPREHENSIVE
PLAN. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED
lJNANIMOUSL Y.
A MOTION WAS MADE BY DICK FRIE TO RECOMMEND APPROVAL OF THE
CONCEPT STAGE PUD, BASED ON A FINDING THAT THE PROPOSED PUD IS
CONSISTENT WITH THE GOALS OF THE COMPREHENSIVE PLAN, SUBJECT TO
THE APPLICABLE CONDITIONS OF EXHIBIT Z. LLOYD HILGART SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSL Y.
Development Stage PUD
e
A MOTION WAS MADE BY ROD DRAGS TEN TO RECOMMEND APPROVAL OF
THE DEVELOPMENT STAGE PUD, BASED ON A FINDING THAT THE PROPOSED
PUD IS CONSISTENT WITH THE GOALS OF THE COMPREHENSIVE PLAN,
SUBJECT TO THE APPLICABLE CONDITIONS OF EXHIBIT Z. LLOYD HILGART
SECONDED THE MOTION.
-]1-
SC-3Q
e
A MOTION WAS MADE BY ROD DRAGSTEN TO RECOMMEND APPROVAL OF
THE REZONING FROM A-O TO R-2A AND R-2. BASED Ol\' A FINDING THAT THE
PROPOSED ZONING WOULD REFLECT THE INTENT OF THE CITY'S
COMPREHENSIVE PLAN. DAVE RIETVELD SECONDED THE MOTION.
e
There was further discussion by Frie asking Grittman if staff was comfortable with the PUD
and Grittman stated yes, with the assumption that the tree preservation was the basis for
allowing a PUD.
THEREFORE ROD DRAGSTEN AMENDED THE MOTION TO INCLUDE TREE
PRESERV ATION AS THE BASIS FOR APPROVAL OF THE PUD. LLOYD HILGART
AMENDED HIS MOTION TO SECOND AND THE MOTION CARRIED
UNANIMOUSLY.
Preliminary Plat
O'Neill advised that the City Engineer and Public Works Director may want this item tabled
until resolution of the conditions.
A MOTION WAS MADE BY DICK FRIE TO CONTINUE THE PUBLIC HEARING TO
THE JUNE MEETING AND TABLE ACTION, PENDING RESOLVING CONDITIONS
LISTED IN EXHIBIT Z AND THE CITY ENGINEER MEETING WITH THE
APPLICANT. ROD DRAGS TEN SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSL Y.
Decision 2: North Portion Re-zone from A-O to R-2A and R-2
There was further discussion by Hilgart clarifying the 3 units per acre on the north portion
only and Grittman stated the density would be addressed on the plat and this was regarding
the zoning only.
THERE WAS NO FURTHER DISCUSSION AND THE MOTION CARRIED
UNANIMOUSL Y.
Concept Stage PUD
A MOTION WAS MADE BY RICHARD CARLSON TO RECOMMEND APPROVAL
OF THE CONCEPT STAGE PUD, BASED ON A FINDING THAT THE PROPOSED
PUD IS CONSISTENT WITH THE GOALS OF THE COMPREHENSIVE PLAN,
SUBJECT TO THE APPLICABLE CONDITIONS OF EXHIBIT Z. ROD DRAGSTEN
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
.
-12-
sc,-'40
Preliminary Plat - North
Development Stage PUD - North
e
A MOTION WAS MADE BY RICHARD CARLSON TO CONTINUE THE PUBLIC
HEARING TO THE JUNE MEETING AND TABLE ANY ACT]ON. LLOYD HILGART
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
A MOTION WAS MADE BY RICHARD CARLSON TO CONTINUE THE PUBLIC
HEARING TO THE JUNE MEETING AND TABLE ANY ACTION. ROD DRA.GSTEN
SECONDED THE MOTION. MOTION CARRIED lJNANIMOUSL Y.
e
.
-13-
\:)(,-'-1\
Council Agenda: 11/14/05
.
50.
Consideration of aoorovinl!: the 2006-2007 contract with Wril!:ht County for police
services. (RW)
A. REFERENCE AND BACKGROUND:
The current contract for police protection services with Wright County is set to expire
December 31, 2005 and a new two year contract has been provided for Council approval. For
the past few years, Wright County has provided law enforcement contracts for two year time
frames and has set the amount of the hourly fee at $50.00/hour for the calendar year 2006 and
$52.25/hour for calendar year 2007. This compares to a 2004 rate of $45.50 and the current
2005 rate 01'$47.75.
The total number of hours of service provided under this contract will remain the same at 48
hours per day or 17,520 hours annually. The amount 01'$876,000 was included in the
proposed 2006 budget to correspond with this anticipated contract amount.
B. AL TERNATIVE ACTIONS:
1. Approve the renewal of the 2006-2007 contract with Wright County for police
protection services.
.
c.
STAFF RECOMMENDATION:
It is the staffs recommendation that the police contract be renewed as outlined. The hourly
rate has been set in advance by the Wright County Board.
D. Sl:PPORTING DATA:
Copy of proposed contract
.
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7856
COUNTY OF WRIGHT
COMMISSIONERS
KARLA HEETER
10 2nd Street NW, RM 235
Buffalo, Minnesota 55313-1188
First District
PATSAWA1ZKE
Second District
JACK RUSSEK
Tel: (763) 682-7378
1-800-362-3667
Fax: (763) 682-6178
Third District
ELMER E1CHELBERG
Fourth District
DICK MATTSON
Fifth District
RICHARD W. NORMAN
County Coordinator
October 20, 2005
Mr. Rick Wolfsteller
City Administrator
City of Monticello
505 Walnut Street, Suite 1
Monticello MN 55362
Dear Mr. W olfsteller:
.
Enclosed please find three (3) copies of the 2006/2007 contract for police services, Please
review, sign all copies, and return them to me by December 1,2005.
1 will return one fully executed contract for your files once the County Board has approved and
signed the contract.
Thank you in advance for your prompt consideration ofthis matter.
Respectfully,
!i!:!t1--
County Coordinator
srb
cc: Sheriff Gary Miller
.
Equal Opportunity / Affirmative Action Employer
SfJ-l.\ '3
.
THIS AGREEMENT, made and entered into this
day of
,2005, by and
LAW ENFORCEMENT CONTRACT
between the COUNTY OF WRIGHT and the WRIGHT COUNTY SHERIFF, hereinafter referred to as
"County" and the CITY OF MONTICELLO hereinafter referred to as the "Municipality";
WITNESSETH:
WHEREAS, the Municipality is desirous of entering into a contract with the County for the
performance of the hereinafter described law enforcement protection within the corporate limits of said
municipality through the County Sheriff; and
WHEREAS, the County is agreeable to rendering such services, and protection on the terms and
conditions hereinafter set forth; and
WHEREAS, such contracts are authorized and provided for by the provision of Minnesota Statutes
'-71.59 and Minnesota Statutes 436.05;
NOW THEREFORE, pursuant to the terms of the aforesaid statutes, and in consideration of the
mutual covenants herein contained, it is agreed as follows:
I. That the County by way of the Sheriff agrees to provide police protection within the corporate
limits of the Municipality to the extent and in the manner as hereinafter set forth:
a. Except as otherwise hereinafter specifically set forth, such services shall encompass
only duties and functions of the type coming within the jurisdiction of the Wright
County Sheriff pursuant to Minnesota Laws and Statutes.
b. Except as otherwise hereinafter provided for, the standard level of service provided
shall be the same basic level of service which is provided for the unincorporated areas
of the County of Wright, State of Minnesota.
c. The rendition of services, the standard of performance, the discipline ofthe officers,
and other matters incident to the performance of such services and control of personnel
so employed shall remain in and under the control of the Sheriff.
.
1
(::: \) - '-\ ~\
d,
Services purchased pursuant to this contract shall include the enforcement of
Minnesota State Statutes, including but not limited to the Traffic Code and the
Criminal Code, as well as all local ordinances enacted in conformance therewith.
Statutes and ordinances which prescribe enforcement by a different authority; i,e., the
State Electrical Code, the Uniform Building Code, etc., shall be excluded from this
agreement. Ordinances pertaining exclusively to purely local city management
matters; i.e., sewer and water collection, etc., shall be excluded from this agreement.
The Municipality shall be responsible for enforcement ofthe Municipal Zoning Code,
except that the Sheriff will enforce nuisance ordinances conforming to State law; i.e.,
junk cars, etc. and traffic ordinances; i.e., parking and erratic driving.
.
2, That it is agreed that the Sheriff shall have full cooperation and assistance from the
Municipality, its officers, agents and employees so as to facilitate the performance of this agreement. In
order to facilitate a local presence of Sheriff s Deputies, the Municipality shall, if requested by the Sheriff,
provide a local telephone line and space for a computer workstation in the respective City Hall or other suitable
city owned building at no cost to the County. The Municipality shall allow a sign indicating the location of its
Sheriffs substation with appropriate telephone numbers to be displayed on the exterior of the building.
3. That the County shall furnish and supply all necessary labor, supervision, equipment,
_ommunication facilities for dispatching, cost of jail detention, and all supplies necessary to maintain the
level of service to be rendered herein.
4. The Municipality shall not be liable for the direct payment of any salaries, wages, or other
compensation to any personnel performing services herein for said County.
5. The Municipality shall not be liable for compensation or indemnity to any of the Sheriffs
employees for injuries or sickness arising out of its employment, and the County hereby agrees to hold
harmless the Municipality against any such claims.
6. The County, Sheriff, his officers, and employees shall not be deemed to assume any liability
for intentional or negligent acts of said Municipality or any officer, agent, or employee thereof.
7.
This agreement shall be effective from January 1,2006 to December 31, 2007.
.
2
5D-'-\5
8. The Municipality agrees to pay to the County the sum of$50.00 per hour for law enforcement
.rotection during the calendar year 2006 and $52.25 per hour during the calendar year 2007. If salaries of
Deputy Sheriffs are increased at any time during the term of this contract, the hourly rate of this contract
shall not be increased.
9. This contract shall be extended automatically for successive one year periods at a rate to be
established by the County, unless the County or Municipality shall notify the other of termination, in
writing, prior to August 15 of each year.
10. The number of hours of service to be provided pursuant to this contract are as follows:
48 hours oer dav - 17.520 hours annuallv and shall provide 24-hour call and general service. The
Municipality shall notify the County in writing prior to August 15 regarding any change in the number of
hours for the subsequent year.
11. The County shall provide for all costs and prosecution efforts with respect to violations
.harged by the Sheriff in the performance of this agreement. All fines arising from such prosecutions shall
accrue to the County. Violations of municipal ordinances excluded from enforcement by this agreement
shall be prosecuted by the Municipality at its expense. All fines arising from city prosecutions shall accrue
to the Municipality unless otherwise provided by law.
12. Pursuant to law, the County Auditor/Treasurer shall remit to the Municipality its share of all
filles collected. The Municipality shall return to the County within 30 days all fine money attributable to
prosecutions initiated by the Sheriff in accord with Paragraph 11 of this contract. The Municipality shall
keep and retain any fine money submitted by the AuditorlTreasurer attributable to prosecutions initiated
by the Municipality.
13. F or the purpose of maintaining cooperation, local control and general information on existing
complaints and problems in said Municipality, one member of the Municipal Council, the Mayor or other
.
3
'SD -'\ ~
Gary Miller
Wright County Sheriff
person or persons shall be appointed by said Council to act as police commissioner(s) for said Municipality
end shall make periodic contacts with and attend meetings with the Sheriff or his office in relation to the
contract herein.
14. The County shall save, hold harmless and defend the City from any and all claims arising
from the acts or omissions, including intentional acts and negligence, committed by employees or agents
of the County or Sheriff while in the performance of duties in furtherance of this contract.
IN WITNESS WHEREOF, The Municipality, by resolution duly adopted by it governing body,
caused this agreement to be signed by its Mayor and attested by its Clerk; and the County of Wright, by the
County Board of Commissioners, has caused this agreement to be signed by the Chairman and Clerk of said
Board, and by the Wright County Sheriff, effective on the day and year first above written.
Dated:
Mayor
.ATTEST:
Clerk
WRIGHT COUNTY COMMISSIONERS:
Dated:
Dick Mattson, Chairperson
ATTEST:
Richard W. Norman
County Coordinator
Dated:
Approved as to form and execution:
Tom Kelly, Wright County Attorney
C:\Documents and Settings\srb7698\My Documents\Data\wpwin\LA WENFC0\2006~2007\Monticel1o.wpd
.
4
'S \J-~n
\.\'6
Council Agenda -11/14/2005
.
5E.
Consideration for Increasinl! Fees for Weekend Burials.(J.S.)
A. REFERENCE AND BACKGROUND:
The City of Monticello has been receiving requests for weekend burials for cremations. City employees
do the excavation for infant and cremation excavations in Riverside Cemetery. All other vault type
excavations are performed by Gluntz Excavating of Buffalo, Minnesota. We have been getting requests
and have performed cremation burials on the weekend. When a funeral home is not involved with a
cremation burial the City not only does the excavation, but also witnesses the placement ofthe ashes and
does the burial. In the past this has involved overtime for the employees and consequently we have
increased the rate or charged extra to cover the overtime. It would be simpler to have a flat fee for thesc
weekend burials which would predominately occur on a Saturday.
Proposcd rates based upon covering our costs were reviewed by the Parks Commission and it passed
unanimously. The following are the ro osed and recommended rates:
Infant Burial
CURRENT FEE
$80.00
$100.00
PROPOSED
WEEKEND FEE
$105.00
$125.00
BURIAL TYPE
Cremation Bmial
.
B.
AL TERNATIVE ACTIONS:
I. The first alternative would be to approve the new rates as listed above.
2. The second alternative would be not to approve the rates or adjust them higher or lower than
shown.
C. STAFF RECOMMENDATION:
It is the recommendation of the Public Works Director and the Parks Commission that the City Council
approve the rates outlined in alternative number one to take efIeet immediately as we are already adding
a smcharge for weekend bmials.
D. SUPPORTING DATA:
Copy of Parks Commission meeting minutes from October 27, 2005 and memo from Public Works
secretary Beth Green suggesting the increased amounts.
.
"'E"'C>>~'-'D"''''
TO:
John Simola, Public Works Director
Adam Hawkinson, Park Superintendent
FROM:
Beth Green, Public Works Secretary
DATE:
October 13, 2005
RE:
Riverside Cemetery Weekend Burials
.
Recently we encountered a weekend burial which required a city employee to come in on a
Saturday, stake a grave, dig a grave, witness the burial and then backfill the grave. This took
approximately tvvo hours and the employee was paid overtime. Currently, our fees do not include
the addition of overtime pay. Therefore, I am requesting that we add additional rates for (hand dug
burials) for weekends as follows:
BURIAL TYPE
CURRENT FEE
$80.00
$100.00
PROPOSED
WEEKEND FEE
$105.00
$125.00
Cremation Burial
Infant Burial
As you can see fTom the table above, this is an increase of$25.00 per burial. This fee would only
be charged ifthe burial would take place on a Saturday or Sunday; otherwise, the current fee would
apply.
Furthermore, it should be noted that we currently pay our contractor (Glunz) an additional fee of
$30 for weekend burials. We contract with Glunz for all of our burial excavations which require
heavy equipment such as a backhoe.
.
Please submit this request to the Parks Commission at your next scheduled meeting. If you have
any questions in this regard, please see me. Thank you for your prompt attention to this matter.
5(- q (\
C"DoGument.' and Settin~s\d~w",qross,nqer\Loc~1 SettinQsr,smporary I"terne! Files'.OLK3',INCRE:ASE WEEKEND BURIA,L FEE RECUEST MEMO,wpd
c j it..' 'f, . ~ "
Mon:~~;~~ ;l~uel~:i~0~;:~~i~~~l;~~~ll~~~~dh~~~~~~~~J~}~~~~~~~2?t~~.~~~~\7~il_~~~;4404
Parks Commission Meeting - ] 0/27/05
.
Larry Nolan complimented the Parks Department on the condition of the Xcel ballfields.
Adam Hawkinson stated that it was due in part because youth football had been very
cooperative with rotating the fields and not playing games when the fields were not in good
shape.
The Bridge Park gardeners indicated that they had removed all of their equipment and material
from the garage and it is temporarily being stored at Pam Campbell's. The Parks Department
will look to have some kind of storage facility available to them use next spring.
Nancy McCaffrey asked about the Christmas tree at East Bridge Park. A tree lighting
ceremony is being planned which should take place the first part of December. The Parks
Commission and Adam Hawkinson complimented Phil Simodet on the good job he had done
on his Eagle Project which was to construct a fishing dock at Bridge Park.
Other Items:
Adam Hawkinson submitted information on the labor costs incurred when the city has a
weekend burial. Thc Parks Commission was being asked to consider increasing the rate so
that it covcrs the actual costs. Public Works staff does cremation and infant burials and it is
proposed to add $25 to the current rate making the fee for a cremation burial on a weekend
$105.00 and an infant burial $125.00. The Council will also need to approve the fee increase.
.
RICK TRAVER MOVED TO RECOMMEND TO THE COUNCIL TO INCREASE THE
RATE FOR WEEKEND BURIALS BY $25.00. FRAN F AIR SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
Adam Hawkinson submitted labor costs for the operation of the ice rinks. It had earlier been
proposed that with the opening of the ice arena it may not be necessary to flood the rink at
West Bridge Park. The consensus of the Parks Commission was that because it is not certain
how the ice arena will affect the outdoor rinks, the Park Dcpartment should continue flooding
the West Bridge Park rink for at least another year. Rick Traver asked if they would be
tlooding the Grovcland Park. Adam Hawkinson indicated that if they could get the asphalt
dovm and some grading done, it could be considcred.
Adam Hawkinson stated be was ordering some additional trash receptacles and the low price he
was quoted was $15] .00 He also supplied information about a possible security system from
Marco that be was considering for use at Pioneer Park. He indicated be was reluctant to have
tbe restrooms open without some kind of security systcm in place. The cost estimate for the
security system is $4,700. Adam Hawkinson will be getting additional prices.
Adam Hawkinson presented a drawing of a climbing wall manufactured by EF A that might
possibly be considered for the 4th Street Park. He also informed the Parks Commission that the
City Council rejected the bids for the parking lot improvements for the Mississippi Drive Park
because they came in higher than engineer's estimate.
.
3
5 E- So
.
5 F.
.
.
City Council Agenda - 11/14/05
Consideration to ratifv the Second Amendment and Third Amendment to License
A!!reement between the HRA. the City. and Rockv Mtn GrouD LLC. (O.K.)
A. Reference and backl!:round:
The Council is asked to ratify the Second Amendment to License Agreement between the
HRA, the City, and Rocky Mtn Group LLC which was executed by all parties on October 31,
2005.
The HRA, the City, and Rocky Mtn Group LLC (the "redeveloper") entered into a License
Agreement on September 26, 2005, allowing the redeveloper early entry to Lot], Block 1,
Otter Creek Crossing 1 ,t Addition for the purpose ofJinal grading and installation of footings.
It was anticipated the closing date would occur on or before October 14, 2005, conveying the
Otter Creek Crossing property from the City to the HRA to the redeveloper.
Based on the title commitment, there are a number of title issues which need to be resolved and
the redeveloper's attorney and the HRA Attorney are working to resolve these issues. The plat
was recorded on September 28, 2005.
The First Amendment to the License Agreement simply extends the termination date of the
Agreement from October] 4 to October 3], 2005 and allows construction of structural walls
and rooJing of the minimum improvements as described within the Contract.
The Second Amendment to the License Agreement simply extends the termination
date of the Agreement from October 31,2005 to November 11, 2005, cxtending the
early entry for final grading and installation of footings, foundation, structural walls
and roofing. The Third Amendment to the License Agreement simply extends the
termination date of the Agreement from November 11, 2005, to November 30, 2005.
Second and Third Amendment.
The BRA Attorney informed me of the need for a Second and Third Amendment as the title
issues are not resolved. Dahlheimer's are conducting a survey of their 8.6 acres of land in
hopes most of the title objections don't apply to their property. They anticipate the survey and
title issues to be resolved and to close November 30, 2005, the proposed "termination date."
I asked the HRA Attorney to research the title insurance policy purchased for the closing of the
35 acres from Chadwick to the City and why these items weren't taken care of and to clear
them up prior to the next land transaction. One of the purpose of the city owned-land was to
provide the applicant with a smooth purchase and conveyance process.
S\
.
City Council Agenda - 11/14/05
B.
Alternative Action:
1. A motion to approve ratifying the Second Amendment and Third Amendment to
License Agreement between the HRA, the City, and Rocky Mtn Group LLC
2. A motion to deny approval ratifying the Second Amendment and Third Amendmcnt to
Liccnse Agreement between thc HRA, the City, and Rocky Mtn Group LLC.
3. A motion to table any action.
C. Recommendation.
The City Administrator and Economic Development Director recommend alternative no. 1.
D. SupportiDl! Data:
Copy of the Second Amcndment and Third Amendment to License Agreement.
.
.
2
S.)
OCT 31 '05 04:26PM
P.2/B
.
SECOND AMENDMENT TO LICENSE AGREEMENT
This Second Amendment to License Agreement entered into ~t- day of Dcto ~
2005, by and between HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF MONTICELLO, a public body corporate and politic under the laws of lVIinnesota (the
.'Authority"). the CITY OF MONTICELLO, a Minnesota municipal corporation (the "City") and
ROCKY MTN GROUP, LLC, a Minnesota limited liability company (the "Redeveloper'').
RECITALS
WHEREAS. the Authority and Redeveloper entered into a Purchase and Redevelopment
Contract dated as of September 2, 2005 (the "Contract"). under which the authority agreed to
convey to Redeveloper cenain property described in the Contract as the Redevelopment Property;
and
WHEREAS, the Authority, City and Developer entered into a License Agreemem dated as
of September 26, 2005 (the "License Agreement"), under which Redeveloper is granted the right to
enter upon the Redevelopment Property prior to transfer of title of the Redevelopment Property to
Redewloper in order to conuncnce site improvements on that propelty; and
. WHEREAS, the parties previously extended the Closing Date under the Agreement to
October 31, 2005 pursuant to a First Amelldment To License Agreement dated as of October 14,
2005; and
WHEREAS, despite Redeveloper and Authority best efforts, Redeveloper and Authority
have not been able to resolve title issues discovered in tllllt certain Comrnilme11t for Title Insurance
File No. 25669 First Supplemental issued by Commercial Paltners Title, LLC; and
WHEREAS, Atlthocity is willing to l\.lrther extend the Closing Date and extend the early
entry for final grading and installation of footings to installation of foundation, slruct1.wl walls and
roofing to November 11,2005.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other
good and valuable consideration, tile parties hereto agree that tlle Second Amendment to License
Agreement is hereby amended as follows;
1. Extension of Time_ The tennination date under Section 1O(b) of the License
Agreement is extended to November 1\, 2005; and the Closing dare under the Contract, previously
extended under Section II of the License Agreement and the First AmelJdrnem thereto is extended
to November 11, 2005_
.
NKll.270J;Ovl
MNi90.121
S\=--S3
OCT 31 '05 04:25PM
P.3/B
.
2. No Other Changes. Except as specifically modified herein, !he License
Agreement shall remain unchanged and in full force and effect.
(The remaining page left intentionally blank)
.
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L,:} \= -S '-\
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OCT 31 '05 04:26PM
P.4/8
IN WITNESS WHEREOF the undersigned have executed this instrument the day
and dale fIrst written.
HOUSING AND REDEVELO
AND FOR THE CITY OF M
T AUTHORITY IN
ICELLO
By:
Its Chair
By: C9 ~ ~a1'l u<J~~
Its Executive Director ~
NK~-2703S0,,1
. MN1\JU-121
S,\-_C)C)
OCT 31 '05 04:26PM
P.5/8
.
CITY OF MONTICELLO
By: (f~ M
,
Its Mayor
BY~ rN~
Its City Administrator
.
.
NKF.-270350vl
MNI90-121
s'\=--S\p
10/31/2005 12:52 FA! 763 295 4947
.
.
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t<KE..70l:;Qvl
LtNl9G-121
DAIILHEIIIER DISTRIBUTING
19J006
ROCKY MTN GROUPAu.:
By~~U~~
Its Chief
S1--Sl
----~
ROCK Y I\pKJ:XCUA"'UE HOLDNG COMPA1\'Y 25254, LLC
,/
By: /___, ..,
lIerManager
, ._._._.-----~-.~,...
.
C07'JSENT 01' INTER\1EDlARY
The undersigned. as assignee of ROl'ky \1tn Group, LLC under the Replacement Property
AssIgnment Agreement dated September 6, 2005, consellls to Ihe foregoing Amendment License
AgreemeIll am,mg the City of .\100tiocllo, the I lousing and RedeveJopmcnI Authority in and for the
City of Monticello and Rocky Mtn Group. [J.e.
Daled:.!
I'
i\.-
'! . ~
), I.. ')
.
~KI;-~:II,~_"j,l\l
:I.I~:\Ol'I.I~!
.
r:;'Y- ..S~
e
THIRD AMENDMENT TO LICENSE AGREEMENT
~
This Third Amendment to License Agreement entered into ~ day of '{\') t>\l~ "'" \.,Q \l'
2005, by and between HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF MONTICELLO, a public body corporate and politic under the laws of Minnesota (the
"Authority"), the CITY OF MONTICELLO, a Minnesota municipal corporation (the "City") and
ROCKY MTN GROUP, LLC, a Minnesota limited liability company (the "Redeveloper").
RECITALS
WHEREAS, the Authority and Redeveloper entered into a Pmchase and Redevelopment
Contract dated as of September 2. 2005 (the "Contract"), under which the authority agreed to
convey to Redeveloper certain property described in the Contract as the Redevelopment Property;
and
e
WHEREAS, the Authority, City and Developer entered into a License Agreement dated as
of September 26, 2005 (the "License Agreement"), under which Redeveloper is granted the right to
enter upon the Redevelopment Property prior to transfer of title of the Redevelopment Property to
Redeveloper in order to commence site improvements on that property: and
WHEREAS, the parties previously extended the Closing Date under the Agreement to
October 31, 2005 pursuant to a First Amendment To License Agreement dated as of October 14,
2005 and a Second .Amendment To License Agreement dated October 31,2005; and
WHEREAS, despite Redeveloper and Authority best efforts, Redeveloper and Authority
have not been able to resolve title issues discovered in that certain Commitment for Title Insurance
File No. 25669 First Supplemental issued by Commercial Partners Title, LLC; and
WHEREAS, Authority is willing to further extend the Closing Date and extend the early
entry for final grading and installation of footings to installation of foundation, structural walls and
roofing to November 30, 2005.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other
good and valuable consideration, the parties hereto agree that the Third Amendment to License
Agreement is hereby amended as follows:
1. Extension of Time. The termination date under Section 10(b) of the License
Agreement is extended to November 30, 2005; and the Closing date under the Contract, previously
extended under Section 11 of the License Agreement and the First and Second Amendment thereto
is extended to November 30, 2005.
e
NKE-270907vl
MN190-121
L\- -CO c\
-:)
fI
e
tit
2. No Other Changes. Except as specifically modified herein, the License
Agreement shall remain unchanged and in full force and effect.
(The remaining page left intentionally blank)
S\=..loO
e
e
e
IN WITNESS WHEREOF the undersigned have executed this instrument the day
and date first v.ritten.
HOUSING AND REDEVELOP E T AUTHORITY IN
AND FOR THE CITY OF MON I LLO
By:
Its Executive Director
NKE-270907vl
MN190-121
s~- lo \
-
e
e
CITY OF MONTICELLO
By:
Its Mayor
By:
Its City Administrator
NKE~270907vl
MNJ90-121
S~_\od.
~
e
-
ROCKY MTN GROUP, LLC
By:
Its Chief Manager
NKL-270907vl
MN190-121
1:) ~- \03
-
e
-
CONSENT OF INTERMEDIARY
The undersigned, as assignee of Rocky Mtn Group, LLC under the Replacement Property
Assignment Agreement dated September 6, 2005, consents to the foregoing Third Amendment
License Agreement among the City of Monticello, the Housing and Redevelopment Authority in
and for the City of Monticello and Rocky Mtn Group, LLC.
Dated:
ROCKY MTN EXCHANGE HOLDING COMPANY 25254, LLC
By:
Its Chief Manager
NKI-270907vl
rvlN190-121
S)=-- ~\..\
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Council Agenda: 11/14/05
5G. Approve Final Pavment and Accept Improvement for Meadow Oaks Park Storm Sewcr
Outlet and Appurtenant Work and I-94/Sunset Ponds Watermain Improvements and
Appurtenant Work (Citv Proiect Nos. 2004-09C and 2004-lOC) (WSB)
A. REFERENCE AND BACKGROUND:
This project consisted of constructing a storm sewer outlet pipe from the Meadow Oaks Park
Pond across CSAH 75 to the MnlDOT drainage ditch and culvert that outlets to the wetland in
the Sunset Ponds development. This outlet pipe was combined with the existing outlet to
create a better hydraulic system and reduce frequency and duration of flooding on the park
upland.
The watermain portion of the project consisted of the extension of trunk watermain across 1-
94 from the Meadow Oaks development to the Sunset Ponds development to complete a
looped watermain system.
All work and punchlist items relating to the project have been completed in accordance with
the City of Monticello Engineering and Construction Standards. At this time, the Council is
being requested to consider accepting the improvements as final and approving the final
payment to Yolk Sewer & Water, Inc. in the amount of ~22,672.42 subject to receipt ofthe
final paperwork including:
I. Satisfactory showing that the contractor has complied with the provisions of
Minnesota Statutes 290.92 requiring withholding state income tax.
2. Evidence in the form of an anidavit that all elaims against the contractor by reasons of
the contract have been fully paid or satisfactorily secured.
3. Consent of Surety to Final Payment certification from the contractor's surety.
4. Two-year maintenance bond.
This final payment represents all work completed in addition to the release of the retainage in
accordance with the conditions of the contract.
B. AL TERNATIVE ACTIONS:
1. Accept the improvemcnts and approve the final payment 01'$22,672.42 to Yolk Sewer
& Water, Inc. subject to receipt of the final paperwork noted in Item A above.
c.
STAFF RECOMMENDATION:
It is the recommendation of the City Administrator that the City Council accept the
improvements for thc Meadow Oaks Park Storm Sewer Outlet and Appurtenant Work and 1-
94/Sunset Ponds Watermain Improvements and Appurtenant Work (City Project Nos. 2004-
09C and 2004-10C) and authorize final payment to Yolk Sewer & Water, Inc. in the amount
of $22.672.42.
~~
F: 'L/"""x', lm,.aimil",2005 (:""11( ifAxC'''''''''V'''' f ~-0515[l.Apf'TI_'1'd 'iiJ,r1I'mlllclil,Heud" H( )ilkSI"'mS,,"~'ul()l
.
.
.
D.
SUPPORTING DATA:
Copy of Construction Pay Voucher NO.3 (Final)
Letter from WSB & Associates, Inc.
Council Agenda: 11114/05
\o\.,
(';,f )()<:iilil,'lilS "'I<I ,\"'I:iilg\',d(l"'II.gr{),sill~"'F'I.{)c,,1 S<'lIiIJ!!_\ I h''''/JOmrr iil"'!'J",! "'i/<'s/ Jf,K.'I.'JI ;;V 0.:\1-/l/'1"'{) ,Iii/u/hl'. '111,'111-11 1-105.<1,,,
.
.
.
A
WSB
.=-:- _JlIi5lJi
& /Js\'()ciates. In(
Irlh(,~~ti',~;;~urf-! I t!I(_jir'88rino . P:a:)r,:i,g I C::nSL":
::'iDr,
701 Xenia Avenue South
Suite 300
Minneapolis, MN ~)5416
Te! /63.5414800
i="ax: 763-541-1700
November 9,2005
Honorable Mayor and City Council
City of Monticc]lo
505 Walnut Street, Suite I
Monticello, MN 55362
Re: Construction Pay Voucher No, 3 (Final)
Meadow Oak Park Storm Sewer Outlet and Appurtenant Work and
1-94/Sunset Ponds Watermain Improvements and Appurtenant Work
City of Monticello Project Nos, 2004-09C and 2004-IOC
WSB Project Nos, 1488-6] and 1488-64
Dear Mayor and Council Members:
Please find enclosed the final Construction Pay Voucher No, 3 for the above-refcrenced project
in the amount of $22,672.42. Voucher NO.3 does include payment for Change Order No, I at
this time, We recommend final payment subject to receipt of the following items:
1. Satisfactory showing that the contractor has complied with the provisions of Minnesota
Statutes 290.92 requiting withholding state income tax,
2, Evidence in the form of an allidavitthat all claims against the contractor by reasons of
tlte contract have been fu]]y paid or satisfactOlily secured,
3. Consent of Surety to Final Payment certification from the contractor's surety.
4. Two-year maintenance bond,
Please make payment in this amount to Volk Sewer & Water, rne. at your earliest convenience.
Thank you.
Sincerely,
WSB & Associates, IIlC,
;' ; .
}__" , ; f
fA'i.{/' i/.
!. 1'--'
Shibani Bisson, PE,
Project Manager
"
v::?ijr'/\-'~'>
! v'
Enclosures
cc:
Rick Wolfstellel", City of :\lonticcllo
Debra Volk, Volk Sewer & Water. lnc,
sc. - ~,-l
srb
F.\Wi",<.-i,'t,;_;,"1<6".:,TS','03P;f,_,.",_i!";'J5..1",
Millneapolis I Sl. CioucJ
Equal Opportunity Emp!oyer
11/B5/2B85 11:27 75353121154 VOLK SEWER AN~ WATER PAGE aJ
01488-64 - Pay Vouchers 3 Friday, November 04, 2005
.. Owner: City 01 Monticello Date: 1/1/1900
505 Walnut 5t
t!!l Monticello, MN 55362-1147
. For Period: 12/111200410 10/31/2005 Request No.: 3 & FINAL
Contr.ctor: Volk Sewer & Weter
1566 Ward Lake Drive NW
Andover, MN 55304
Pay Vouchers
MONT- Hwy 94 Watermaln Crossing'
Client Conlract No.:
Project No.: 01488-64
Client Project No.:
Prolect Summary
1 ,Onginal Contract Amount $175,257.93
2 Contract Changes, Addition $2,935.63
3 Contract Changes - Deduction $0.00
4 Re.vised Contract Amount $178,193.56
5 Value Completed to Date $204,506.24
6 Material on Hand $0.00
7 Amount Earned $204,506.24
8 Less Retainage SO.OO
9 Subtotal $204,506.24
10 Less Amount Paid Previously 5181,83382
11 Liquidated Damages $0.00'
12 AMOUNT DUE THIS PAY VOUCHERS NO.3 & FINAL $22,672.421
I HEREBY CERTIFY THAT A FINAL EXAMINATiON HAS BEEN MADE OF THE ABOVE NOTED CONTRACT, THAT
. THE CONTRACT HAS BEEN COMPLETED, THAT THE ENTIRE AMOUNT OF WORK SHOWN iN THE FINAL
VOUCHER HAS BEEN PERFORMED AND THE TOTAL VALUE OF THE WORK PERFORMED IN ACCORDANCE
WITH, AND PURSUANT TO, THE TERMS OF THE CONTRACT IS AS SHOWN iN THIS FINAL VOUCHER.
Recommended for ApDroval by: Construction Observer:
WSB & Assoclate.s, Inc. ~/ i,!j_y , .,/
, , i !;
l"l,[...!)Z.Z.i,:. t I~Ji>5Jll1_/ Approved by Owner:
City of Monticello
" L/.1cJ../L ,
" r)
t'JJK~ \ Pf,'{SJOfj.':;1
Approved by Contractor: ,
Volk Sewer & Water
-,---
Date:
Specified Contract Completion Date: Comment:
5(., - lo~
. 1 of 3
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01488-64 - Pay Vouchers 3
Friday, November 04, 2005
Project Material Status
Item Item Description Units Unit Price Contract Quantity to Current Amount to
No. Quantity Date Quantity Date
SCHEDULE A - SURFACE IMPROVEMENTS
1 2021.501 MOBILIZATION LUMP SUM $2,500.00 1 1 0 S2,500.00
2 2101.605 CLEARING AND GRUBBING ACRE $7,500.00 02 0.5 0 $3,750.00
3 2104.503 REMOVE BITUMINOUS WALK sa FT $1.00 220 510 0 $510.00
4 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) UN FT $5.00 22 20 0 $100.00
5 2104.521 SALVAGE CHAIN LINK FENCE UN FT $10.00 40 40 0 $400.00
6 2105,602 POT HOLE UTILITIES EACH $100.00 4 4 0 $400.00
7 2521.604 2" BITUMINOUS PATH SQYD $40.00 25 111.1 0 $4,444.00
B 2557.603 INSTALL CHAIN LINK FENCE UN FT $10.00 40 40 0 $400.00
9 2563.601 TRAFFIC CONTROL LUMP SUM $13,860.00 1 1.12 0 $15,523.20
10 2573.502 SILT FENCE, TYPE HEAVY DUTY UN FT $5.00 100 0 0 $0.00
11 2575.501 SEEDING ACRE $1,000.00 1.5 3.15 0.25 $3,150.00
Totals For Section SCHEDULE A- SURFACE IMPROVEMENTS: $31,177.20
SCHEDULE B. WATERMAIN IMPROVEMENTS
12 2504.602 HYDRANT EACH 51,850.00 1 0,63 0 $1,165,50
13 2504.602 6" GATE VALVE AND BOX EACH $685.00 1 1 0 5685,00
14 2504.602 CONNECT TO EX1STING WATERMAIN (12") EACH $1,000,00 2 2 0 52,000.00
15 2504.603 6" WATER MA1N-DUCT IRON CL 52 UN FT $30,00 5 20 0 $600.00
16 2504.603 12" WATER MAIN-DUCT IRON CL 52 UN FT 532.00 580 582.5 0 518,640.00
17 2504.603 24" STEEL CASING PIPE (JACKED) UN FT $195.10 188 188 0 $36,67880
18 2504.604 4" POLYSTYRENE INSULATION SQYD $30.00 15 8 0 $240.00
19 2504.608 DUCTILE IRON FITTINGS POUND $2.00 755 338 0 $676.00
Totals For Section SCHEDULE B- WATERMAIN IMPROVEMENTS: $60,685.30
SCHEDULE C -STORM SEWER IMPROVEMENTS
20 2104.501 REMOVE METAL CULVERT UN FT $10.00 34 34 0 $340.00
21 2501.515 24" RC PIPE APRON EACH $500.00 6 6 0 $3,000.00
22 2501.602 TRASH GUARD FOR 24" PIPE APRON EACH $650.00 6 6 0 $3,900.00
23 2503.541 24" RC PIPE SEWER DESIGN 3006 CLASS III UN FT $28,67 974 988 0 $28.325.96
24 2503.603 42" STEEL CASING PIPE (JACKED) UN FT $336.05 126 126 0 $42,342.30
25 2503.603 TELEVISE STORM SEWER UN FT SO,82 1100 1030 1030 $844.60
26 2506.501 CONSTRUCT DRAINAGE STRUCTURE DESIGN 48-4020 UN FT $162.50 19.7 19.38 0 $3,149.25
27 2506.502 CONSTRUCT DRAINAGE STRUCTURE DESIGN SPECIAL EACH $7,800.00 1 1 0.5 57,800.00
28 2506.516 CASTING ASSEMBLY EACH $250.00 3 4 0 $1,000.00
29 2511.501 RANDOM R1PRAP CLASS IV CU YO $100.00 B 184.72 51,72 $18,472.00
30 2511.515 GEOTEXTILE FILTER TYPE IV SQYD $2.00 12 267 0 $534.00
Totals For Section SCHEDULE C -STORM SEWER IMPROVEMENTS: $109,708.11
Change Order 1
31 191648 EXCAVATION OF MEADOW OAK WETLAND !LUMP SUM I $2.935.631 11 11 1 $2,935.63
Totals For Change Order 1: 52,935.63
Project Totals: $204,506.24
.
see, - (,/1
2of3
01488-64 - Pay Vouchers 3 Friday, November 04, 2005
Project Payment Status
i Owner: City of Monticello
, . Client Project No.:
Client Contract No.:
Project No.: 01488-64
Contractor: Volk Sewer & Water
Contract Chanoes
No. Type Date Description Amount
C01 Change Order 8/12/2005 Additional contract quantity. $2,935.63
Change Order Totals: $2,935.63
Pavment Summary
No. From Date To Date Payment Total Payment Retainage Per Payment Total Retainage Completed
1 10/11/2004 11/3/2004 $146,471.53 $146,471.53 $7,709.03 $7,709.03 $154,180.56
2 11/4/2004 12/10/2004 $35,362.29 $181,833.82 $1,861.17 $9,570.20 $191,404.02
3 & FINAL 12/11/2004 10/31/2005 $22,672.42 $204,506.24 ($9,570.20) $0.00 $204,506.24
Payment Totals: $204,506.24 $0.00 $204,506.24
Project Summary
Material On Hand: $0.00
Total Payment to Date: $204,506.24 Original Contract: $175,257,93
Total Retainage: $0.00 Contract Changes: $2,935,63
Total Amount Earned: $204,506.24 Revised Contract: $178,193,56
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3 on
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5H.
Council Agenda: 11/14/05
Consideration to approve the final plat and development a!!:reement for Hillside Farm 3rd
and 4th Addition. (la/AS)
A. REFERENCE AND BACKGROUND:
The City Council is asked to consider approving the final plat of Hillside Farm 3rd and 4tl1 Additions.
These plats are included in a Planned Unit Development which allows for R-IA home designs on R-I
regulated Jots. The Planned Unit Development is governed by standards identified in the zoning
ordinance and in previous project approvals. The 3rd Addition consists of 31 single-family residential
units and the 4th Addition consists of 17 single-family residential units.
The developer has previously received approval for developmcnt of the I sl Addition and 2"d Addition
of this project. The developer is in the process of completing items required by the terms of the
development agreement for both of those projects. The City has accepted I sl Addition streets and
utilities.
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 their phases.
.
Attached are the finance plans supporting the developments. For the 3rd Addition, the utility fees
associated with City costs to scrve the area amount $276,881.30. The 4th Addition utility fees to serve
the area total $168,544.41. These amounts include a special assessment for the Little Mountain
Booster Station and Meadow Oaks Bypass projects, and a fee for the future reconstruction of
Fenning Avenue. For the 3"1 Addition, the Fenning Avenue reconstruction charge is $43,065.59. The
4th Addition Fenning Avenue reconstruction fee is $25,759.53.
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 for 3rd Addition
amount to 571,956.] 6. This number includes expenses relating to the review of the preliminary plat for
the Hillside Fann project, after reconciliation of that item. For 4th Addition, the City Administrative
fees and deposits total $34,510.15.
Total construction costs to prepare the 31 unit 3rd Addition amount to $306,738.49, not including site
grading. This cost is funded privately by the developer. A letter of credit in the amount of $383,423.1 ]
will be provided as surety for the 3'd Addition. Total construction costs to prepare the 17 unit 4th
Addition amount to $216,886.08, not including grading. The 4th Addition letter of credit required is
$271, I 07.60. The City may draw on these letters of credit to complete the projects in the event of
default. As the projects proceed through construction, at the request of the developer, the City allows
reductions in the letter of credit. The City will retain at least 10% of each letter of credit 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 for both developments to guarantee required planting of
boulevard trees and to assure that landscaping and conservation casement requirements are met. These
LaCs can be reduced with the approval of the City Engineer.
A full copy of the draft development agreement is available upon request. This agreement and
1\
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.
.
Council Agenda: 11/14/05
associated securities must be in place prior placement of signatures on the plat.
B. ALTERNATIVE ACTIONS:
Decision 1: Final Plat and Development Agreement for Hillside Farm 3rd Addition
I. Motion to approve the Hillside Farm 3rd Addition final plat, subject to the revision of the plat
document as noted, and to approve the Hillside Farm 3rd Addition development agreement.
2. Motion to deny approval of Hillside Farm 3rd Addition final plat and development
agreement for reasons to be determined by the City Council.
Decision 2: Final Plat and Development Agreement for Hillside Farm 41h Addition
3. Motion to approve the Hillside Farm 4th Addition final plat, subject to the revision of the
plat document as noted, and to approve the Hillside Farm 4th Addition development
agreement.
4. Motion to deny approval of Hillside Farm 41h Addition final plat and development
agreement for reasons to be determined by the City Council.
c.
STAFF RECOMMENDATION:
The City Administrator recommends Alternative 1.
D. SUPPORTING DATA:
Hillside Farm 3rd Addition Finance Plan
Hillside Farm 3rd Addition Final Plat
Hillside Farm 4th Addition Finance Plan
Hillside Farm 4th Addition Final Plat
I'd
HILLSIDE FARM THIRD ADDITION
SUMMARY OF EXPENSES/FINANCE PLAN
3 of 4 phases
11/3/2005
Total Acres in Development
"Acres in Phase
.Jnits in Development
40 gross
12.73 gross
Total Units in Phase
v4
"e'
"et
83 Single Family
o Townhome
31 Single Family
o Townhome
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
Credit for 2nd Addition Assessment Interest
Special Assessments
Little Mountain Booster Statio
Meadow Oaks Bypas
Share of Fenning Avenue Reconstructio
Sanitary Sewer
Watermain
Storm Sewer net acres
$1,500
5248
Fee ( General overhead and Admin)
n Control
Locate Fee
Legal
Planning
Engineering and Inspection (Streets/Utilities)
Engineering and Inspection (Grading)
Review Fees - Preliminary Plat
Annexation Fee (if applicable)
Soils Testin IRoad Com action
2.00'%
$500
$60
0.50%
0.50%
7.00%
3.00%
Sanitary Sewer
Watermain
Storm Sewer
Roads, Driveways and Sidewalks
Conservation Easement Posts 5200
Lot Corners/Iron Monuments 5300
Total Construction Cost for the purpose of calculating LOC
Maximum allowable reduction prior to acceptance and bond
Grading Cost (used to calculate 3% City fee above)
_9
aping
So a ing
53,000
$200
51.000
31
Land dedication based on density (formula below)
1 acre per 75 persons
2.5 multi family, 3.5 single family x unit count
Divide by 75 for acreage required_
$46,500.00 Unit charge
31
$7,688.00 Unit charge
($730,93)
$30,488,35
$24,785,31
$43,065.59 Acreage Charge: $97.34x1390'/40
$28,362A4
$22,302,96
$74,419.58
m~. ~U~Q[
31
31
$5,900.77 Flat rate: no reconciliation at project completion
$15,500.00 Escrow deposit per unit
$1 ,860.00H$'c;:Qlidled at pr:Qj$cFi:;:qrtlpletion
$1,475.19 Reconciled at project completion
$1,475.19 Reconciled at project completion
$20,652.69 Reconciled at project completion
$79.03 Reconciled at project completion
$20,581,70
NIA
$4,425.58 Reconciled at project completion
$61,134.22
$55A0531
$44,181.79
5134,317.17
12
31
90.00%
12,13
70
12
$38,190.00
$14000,00
$12,000.00
S\-\'-13
HILLSIDE FARM FOURTH ADDITION
SUMMARY OF EXPENSES/FINANCE PLAN
4 01 4 phases
11/3/2005
Total Acres in Development
_Acres in Phase
.. nits in Development
Total Units in Phase
v4
40 grass
7.91 gross
".t
".t
83 Single Family
o Townhome
17 Single Family
o Townhome
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
Special Assessments
Little Mountain Booster Statio
Meadow Oaks Bypas
Share of Fenning Avenue Reconstructio
Sanitary Sewer
Watermain
Storm Sewer net acres
Fee ( General overhead and Admin)
In Control
ocate Fee
Legal
Planning
Engineering and Inspection (Streets/Utilities)
Engineering and Inspection (Grading)
Annexation Fee (if applicable)
Soils Testin tRoad Com action
$1,500
52,395
51,947
$3,383
$2,228
$1,752
2.00%
$500
$60
0.50%
0.50%
7.00%
3.00%
17
Land dedication based on density (formula below)
1 acre per 75 persons
2.5 multi family. 3.5 single family x unit count
Divide by 75 for acreage required
$25,500.00 Unit charge
$248
$4.216.00 Unit charge
17
$18,944.45
$15,400.77
$26.759.53 Acreage Charge: $97.34x1390'/40
$17,623.48
$13,858,32
$46,241.86
l!fi~i li~l!l~:
17
17
$4.235.72 Flat rate; no reconciliation at project completion
$8,500.00 Escrow deposit per unit
$1,020.00 Reconciled at project completion
$1,058.93 Reconciled at project completion
$1,058.93 Reconciled at project completion
$14,825.03 Reconciled at project completion
$634.75 Reconciled at project completion
N/A 4 times annual taxes due to County
$3,176.79 Reconciled at project completion
U~l
Sanitary Sewer
Watermain
Storm Sewer
Roads, Driveways and Sidewalks
Conservation Easement Posts $200
Lot Corners/Iron Monuments $300
Total Construction Cost for the purpose of calculating LOC
$39,321.06
$38,648.52
$37,868.13
$95,94837
NfA
17
5000
$510000
Maximum allowable reduction prior to acceptance and bond 90.00%
Grading Cost (used to calculate 3% City fee above)
$3,000
$200
Grading
.Ping
Tree Preservation
-m~~~ilf!i~!~iitl~li!YiuBiii,lliim~!lijilijiirnnliml1l!i!iiiliiiiljjlljjiililijH;_____,~I_",JI0im
$38.190,00 (Included in LOC for 1st Addition)
$8,400.00 21rees per lot 2 on corner lots
N/A
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.
Authorize the Distribution and 30-Dav Public Comment Period for the Draft
Alternative Urban Areawide Review (AUAR) for the Jefferson at Monticello
Development (Citv of Monticello Proiect No. 2005-14C) (WSB)
A. REFERENCE AND BACKGROUND:
The proposed Jefferson at Monticello (Heritage development) site includes
developmcnt and redevelopment of an 890-acre site into a residential, commercial, and
golf course area. This site is located between 1-94 and Countv Road 39 in the
~ "
northwestern portion of the future annexation area. As per Minnesota Rules 4410.4400,
subpart 14, the proposed magnitude of the development area requires an environmental
review. The City is the Responsible Governmcnt Unit (RGU) charged with completing
the environmental review. The City determined in December that an AUAR should be
completed for the sitc.
The Draft ACAR has been completed and is presented to the Council for review and
authorization for distribution. Two development scenarios and the "no build" option
havc bccn analyzcd in the AUAR for the following cnvironmental issues:
.
.
.
.
.
. .
.
.
.
.
.
Traffic, air, and noise
Storm watcr management
Habitat and wetlands
Wastewater
Watcr usc
Erosion and scdimentation
Compatibility with current and adjacent land uscs
Parks/trails
Historic/archeological resources
Pollutants sources
Other environmental issues identified through this process
The Draft AUAR also contains mitigation measures for proposed development in the
study area. The mitigation plan identifies speciJic measures that will need to be
undertaken for development to occur in thc area. This mitigation plan bccomes the basis
for which developmcnt can occur in the study area. It is important to note that these
measures are simply identified in the AUAR and will need to bc incorporated into the site
design or completed prior to or currently with ccrtain phases of development. The
r unding of these improvements or mitigation measures will be addressed through a
separate process.
Once authorization to distribute the AUAR has been received. the Draft AUAR will be
submitted to the agencies for a 30-day review and comment period. Please note that
authorizing distribution is neither an approval of the development nor an adoption
ofthc AUAR. The Draft AUAR will be revised based on comments, reviewed with the
Council again, and the Final AUAR submitted to the agencies for a 10-day review period.
Once this commcnt period is completed and there are no agency objections, thc AUAR
can be adopted by the City Council. It is anticipated that the City Council will consider
adoption of the AUAR at a March 2006 City Council meeting.
.
(':',i),'CJ'i':ell'SII""',,:!.'.'H.;Z"",''''',,,.g;-,'''s;.':e' ',r,,,.o,,',,,,,,'''.,.....'!,.,,..,,.,,.,,,.,,II''..,.,'. ......In',(J/./d'_I(iSil:\J-..I.....ll/f},,. "'Ii.".,_':1"05."'",
.
.
.
B. ALTERNATIVE ACTIONS:
1.
Authorize the Draft AUAR for the 30-day public review and comment period
2. Do authorize distribution of the AUAR
C. STAFF RECOMMENDATION:
The City Administrator recommends selecting Alternative No.1.
D. SUPPORTING DATA:
. Draft AUAR (submitted under separate cover)
. Memo from WSB dated November 7, 2005 (submitted under separate cover)
. Memo from Jeff O'Neill to Mike Moriarty dated November 8, 2005 (submitted under
separate cover)
. Draft Resolution
('"!i,,,/,";,WS(,''',,''O:I.'I''' ",'''''i'F' '."v'.r\I".....,;,\<'III.':es.lc,.'i/I"....;nh..".r;".,F;J,.s'/!!I\J'.lii_IF!.11_..I'-,_III1J/I'I'I"OI',i"'.',/i!P!5)",
Council Agenda: 11114/05
7.
Public Hearine: and consideration of adovtine: the assessment roll for Public
Imvrovement No. 2005-01C 2005 Street Reconstruction. (WSB)
.
A. REFERENCE AND BACKGROUND
The 2005 Street Reconstruction project included a portion of the third phase of the City's
long rangc core street reconstruction program. The project area includes streets lying north
of Broadway Street (CSAH 75) between Chestnut Street and Otter Creek Road. Specific
Streets include Rivcr Street, Sandy Lane, Willow Street and Oak Lane.
This project represented the most extensive reconstruction to date of the City's adopted
reconstruction program. The project included the reclamation of bituminous pavement,
grading to lower the streets to eliminate roadside ditches, installation of concrete curb and
gutter, storm sewer, and widening the roadway surface to a width of 28 feet, while River
Street was widened to 32 feet between Chestnut Street and Willow Street. The storm sewer
construction included the installation ofHDPE pipe to minimize costs and the construction
of StormCeptor structures for pretreatment of storm water prior to discharge into thc
Mississippi River. The project also included spot repairs to the sanitary sewer system and
lowering of the water main in areas due to grade changes and cover issues. This is the first
project that included the installation of new storm sewer and concrete curb and gutter
thereby converting the street from a rural to an urban street section.
.
As with previous projects, the City will assess the project this year prior to the installation of
the final lift of pavement. Therefore, the total project cost is estimated to be $920,038.30
with $175,152.56 proposed to be assessed on a per lot basis against benefIting properties.
This cost includes a final construction contract in the amount of $791,73 7 .81 with indircct
costs of 13.95%. The indirect cost represents 11.84% for engineering costs, and 2.11 % for
City costs relating to the project. The engineering time on the project includes the cost of
the geotechnical evaluation from Braun and construction observation time for Tom Bose of
the City Public Works Department.
The assessment is proposed to be assessed over a lO-year period. The cost of water main
and sanitary sewer work involved in the project will be covered by City trunk funds.
The adopted assessment policy on past phases for residential properties was a fixed rate
assessment, essentially independent of the final construction amount. The assessment
proposed to be levied for the 2005 Street Reconstruction project is also proposed as a fIxed
ratc per lot assessment. Assessment levels for past projects have been in the range of 40 to
45 perccnt of the project cost. The City Council proposed that the assessment be levied as a
minimum of twenty percent (20%) of the total project cost rather than an increase in the
fixed lot assessment rate applied in previous reconstruction projects.
.
The assessments proposed to be collected have been calculated based on the total cost less
the sanitary sewer and water main costs. There are 61 assessable units within the project
area. Parcels that have two driveways have been assessed as two units in accordance with
City policy. The calculated rates are as follows:
. 20% assessment rate - The cost to be assessed at this rate is $175,172.56. This
equates to $2,871.35 per assessable tU1it.
/;.."i,,.,,,,,'g,,,,,"d!;,e,,,.Uii'!5(',,,,,;eii..IWiui,,\\',,\ !,.'-'51-_('"'',_SII'<'''',-;'.-.ess;''(_/li,',,_.'_'ri'.'g;'''''"."O(
.
.
.
Council Agenda: 11/14/05
7.
Pnblic Hearinl!: and consideration of adoptinl!: the assessment roll for Pnblic
Improvement No. 2005-01C, 2005 Street Reconstrnction. (WSB)
A. REFERENCE AND BACKGROUND
The 2005 Street Reconstruction project included a portion of the third phase of the City's
long range core street reconstruction program. The project area includes streets lying north
of Broadway Street (CSAH 75) between Chestnut Street and Otter Creek Road. Specific
Streets include River Street, Sandy Lane, Willow Street and Oak Lane.
This project represented the most extensive reconstruction to date of the City's adopted
reconstruction program. The project included the reclamation of bituminous pavement,
grading to lower the streets to eliminate roadside ditches, installation of concrete curb and
gutter, storm sewer, and widening the roadway surface to a width of 28 feet, while River
Street was widened to 32 feet between Chestnut Street and Willow Street. The storm sewer
construction inclnded the installation ofHDPE pipe to minimize costs and the construction
of StormCeptor structures for pretreatment of storm water prior to discharge into the
Mississippi River. The project also included spot repairs to the sanitary sewer system and
lowering of the water main in areas due to grade changes and cover issues. This is the first
project that included the installation of new storm sewer and concrete curb and gutter
thereby converting the street from a rural to an urban street section.
As with previous projects, the City will assess the project this year prior to the installation of
the final lift of pavement. Therefore, the total project cost is estimated to be $920,038.30
with $175,152.56 proposed to be assessed on a per lot basis against benefiting properties.
This cost includes a final construction contract in the amount of$791,737.81 with indirect
costs of 13.95%. The indirect cost represents 11.84% for engineering costs, and 2.11 % for
City costs relating to the project. The engineering time on the project includes the cost of
the geotechnical evaluation from Braun and construction observation time for Tom Bose of
the City Public Works Department.
The assessment is proposed to be assessed over a 10-year period. The cost of water main
and sanitary sewer work involved in the project will be covered by City trunk funds.
The adopted assessment policy on past phases for residential properties was a fixed rate
assessment, essentially independent of the final construction amount. The assessment
proposed to be levied for the 2005 Street Reconstruction project is also proposed as a fIxed
rate per lot assessment. Assessment levels for past projects have been in the range of 40 to
45 percent of the project cost. The City Council proposed that the assessment be levied as a
minimum of twenty percent (20%) of the total project cost rather than an increase in the
tIxed lot assessment rate applied in previous reconstruction projects.
The assessments proposed to be collected have been calculated based on the total cost less
the sanitary sewer and water main costs. There are 61 assessable units within the project
area. Parcels that have two driveways have been assessed as two lmits in accordance with
City policy. The calculated rates are as follows:
. 20% assessment rate - The cost to be assessed at this rate is $175.172.56. This
equates to $2,871.35 per assessable unit.
(-"!\'C,"""C.'.'I,"i,',iI.\'U'.'ilg,-',d""-,,_.,,'-,,s."'''ger\f.""".',\,y,.'"~""'l{""I'"..-"r..'l:.."-,.,,,,,I'-lh--,,,()I!.:J"11.'5';5"."".".';;"'''' 'i1"",-C'_'s",,',,'h""'-""g;''''I.d...,
Council Agenda: 11/14/05
.
'ublic Hearine: and consideration of adootine: the assessment roll for Public
morovement No. 2005-01c' 2005 Street Reconstruction. (WSB)
~EFERENCE AND BACKGROUND
fhe 2005 Street Reconstruction project included a portion of the third phase of the City's
cong range core street reconstruction program. The project area includes streets lying north
Jf Broadway Street (CSAH 75) between Chestnut Street and Otter Creek Road. Specific
Streets include River Street, Sandy Lane, Willow Street and Oak Lane.
This project represented the most extensive reconstruction to date of the City's adopted
reconstruction program. The project included the reclamation of bituminous pavement,
grading to lower the streets to eliminate roadside ditches, installation of concrete curb and
gutter, storm sewer, and widening the roadway surface to a width of 28 feet, while River
Street was widened to 32 feet between Chestnut Street and Willow Street. The storm sewer
construction included the installation of HOPE pipe to minimize costs and the construction
of StormCeptor structures for pretreatment of storm water prior to discharge into the
Mississippi River. The project also included spot repairs to the sanitary sewer system and
lowering of the water main in areas due to grade changes and cover issues. This is the first
project that included the installation of new storm sewer and concrete curb and gutter
thereby converting the street from a mral to an urban street section.
.
As with previous projects, the City will assess the project this year prior to the installation of
the final lift of pavement. Therefore, the total project cost is estimated to be $920,038.30
with $] 75,152.56 proposed to be assessed on a per lot basis against benefiting properties.
This cost includes a final construction contract in the amount of$791,737.81 with indirect
costs of 13.95%. The indirect cost represents 11.84% for engineering costs, and 2.] 1% for
City costs relating to the project. The engineering time on the project includes the cost of
the geotechnical evaluation from Braun and construction observation time for Tom Bose of
the City Public Works Department.
The assessment is proposed to be assessed over a I O-year period. The cost of water main
and sanitary sewer work involved in the project will be covered by City trunk funds.
The adopted assessment policy on past phases for residential properties was a fixed rate
assessment, essentially independent of the final construction amount. The assessment
proposed to be levied for the 2005 Street Reconstruction project is also proposed as a fixed
rate per lot assessment. Assessment levels for past projects have been in the range of 40 to
45 percent of the project cost. The City Council proposed that the assessment be levied as a
minimum of twenty percent (20%) of the total project cost rather than an increase in the
fixed lot assessment rate applied in previous reconstruction projects.
.
The assessments proposed to be collected have been calculated based on the total cost less
the sanitary sewer and water main costs. There are 61 assessable units within the project
area. Parcels that have two driveways have been assessed as two units in accordance with
City policy. The calculated' 'ltes are as follows:
. 200;., assessment r Ie - The cost to be assessed at this rate is $175,] 72.56. This
equates to $2,87I.'j5 per assessable unit.
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.
.
.
Council Agenda: 11/14/05
. 30% assessment rate - The cost to be assessed at this rate is $262,728,84. This
equates to $4,307.03 per assessable unit.
. 40% assessment rate - The cost to be assessed at this rate is $350,305.12. This
equates to $5742.71 per assessable unit.
The fourth scenario is to equate the base unit assessment of $2,500.00 lot and adjusted for
annual construction cost increases. The adjusted rate for 2004 was $2642.50 per lot. The
increase for 2005 is 4.3%. This equates to a per assessable unit rate of $2,756.13. The
amount of cost recovery under this scenario is $168,123.93, which represents 19.2% of the
bond sales, and does not satisfy the 20% assessment requirement for the bond.
11 should be noted again that the previous reconstruction projects and assessments did not
include new storm sewer and new concrete curb and gutter which does increase the project
costs.
Following the public hearing, the City Council will be asked to adopt the assessment roll
based on input from affected residents.
B. ALTERNATIVE ACTIONS
1. Adopt the assessment roll as proposed using the 20% assessment rate or
$2,871.35/assessable unit.
2.
Do not adopt the assessment roll as proposed.
C. STAFF RECOMMENDATION
It is the recommendation of the City Administrator, the Deputy City Administrator, Public
Works Director, and City Engineer that the assessment roll based on an assessment level of
20 percent of the bond cost be adopted in order to meet the November 30,2005 certification
deadline for collection with 2006 taxes.
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.
.
2005 Street Reconstruction Program
City of Monticello, Minnesota
City Project No. 2005-01 C
WSB Proj. No. 1494-04
November 8, 2005
PROJECT COST AND FUNDING SUMMARY
Construction Cost Summary
Streets
Storm Sewer
Sanitary Sewer
Watermain
Subtotal
Indirect Costs
Engineering
Legal, Admin., Fiscal
Subtotal (13.95%)
TOTAL PROJECT COST
Proposed Funding
Total Project Cost
Trunk Sewer Fund
Trunk Water Fund
Total Bonded Cost
Proposed Assessment Scenarios
1. Assess at a minimum of 20% of Total Project Cost
Assessed cost =
Cost per lot (61) =
City Contribution
2. Assess at a rate of 30% of Total Project Cost
Assessed cost =
Cost per lot (61) =
City Contribution =
3. Assess at a rate of 40% of Total Project Cost
Assessed cost =
Cost per lot (61) =
City Contribution
$ 430,091.86
$ 322,790.75
$ 17,472.00
$ 21,383.20
$ 791,737.81
$108,913.49
$19,387.00
$128,300.49
$ 920,038.30
$920,038.30
$ (19,909.34)
$ (24,366.16)
$875,762.80
$ 175,152.56
$ 2,871.35
$ 700,610.24
$ 262,728.84
$ 4,307.03
$613,033.96
$ 350,305.12
$ 5,742.71
$ 525,457.68
. 2005 Street Reconstruction Program
City of Monticello, Minnesota
City Project No. 2005-01 C
WSB Proj. No. 1494-04
8-Nov-05
PROJECT COST AND FUNDING SUMMARY
Construction Cost Summary
Streets $ 430,091.86
Storm Sewer $ 322,790.75
Sanitary Sewer $ 17,472.00
Watermain $ 21,383.20
Subtotal $ 791,737.81
Indirect Costs
Engineering $108,913.49
Legal, Admin., Fiscal $19,387.00
Subtotal $128,300.49
TOTAL PROJECT COST $ 920,038.30
Proposed Funding
Total Project Cost $920,038.30
Trunk Sewer Fund $ (19,909.34)
Trunk Water Fund $ (24,366.16)
Total Bonded Cost $875,762.80
. Total Assessment Revenue $171,820.25
City Contribution $703,942.55
Proposed Assessment Scenario 4
Original Assessment Program (2003) was assessed at a rate of $2,500.00
per lot for base assessment. New services and replacements were assessed
separately. This rate was adjusted by 5.7% ($2,642.50) according to Engineering News
Record's Construction Cost Index. The value of the increase according to ENR for
2005 is 4.3%. Based on this number, the adjusted unit assessment is calculated
to be 2,756.13 per lot. Assessed against 61 units, the amount to be assessed is
Assessed amount =
Other Assessments=
Total Assessments =
$168,123.93
$3,696.32
$171,820.25 (19.62% of bond cost)
Assessment at this rate does not satisfy 20% requirement of the
bond sales.
Note: Previous projects have been assessed at a rate of 40% to 45%. This project is
proposing substantially lower assessment rate for added improvements including new
curb and gutter, and storm sewer.
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.
.
Council Agenda: 11/14/05
8.
Public Hearin!! - Continued Hearin!! on anneal of a variance for a secondarv
drivewav in an R-l zonin!! district. (.TO)
As noted in the item relating to the request for conditional use permit for Richard Bastien,
thc applicant is working on a survey related to the application. Until the time the
conditional use permit request can be considered, it is recommended that the public
hearing be continued.
't'\
.
.
.
Council Agenda: 11/14/05
9.
Consideration of a request for a Conditional Use Permit for a detached accessory storae:e
structure in an R-l Residential District. Applicant: Richard Bastien Central Masonry &
Concrete. (10)
A. REFERENCE AND BACKGROUND
The City Council had previously considered this item and directed the applicant to provide a
survey prior to further consideration of the request.
On 1 1 /8/05, the applicant indicated that the survey work had been completed and the City
would be receiving the survey certificate within the next few weeks. At the time the survey is
submitted and reviewed, City staff will bring the item back to the City Council for review.
B. ALTERNATIVE ACTIONS
Decision 1: Conditional Use Permit for accessory storage building
I. Motion to table action on the CUP for Richard Bastien Central Masonry and Concrete,
until the time a survey is provided, reviewed and a recommendation on the CUP can be
made.
2. Motion to deny the CUP, based on findings to be made by the City Council.
c.
STAFF RECOMMENDATION
Staff recommends tabling of the CUP as previously directed by the City Council.
D. SUPPORTING DATA
qo
.
.
.
Council Agenda: 11114/05
to.
Consideration of a request to !!rant an oDtion for the 1>urchase of city owned Darcel of
land on Cedar Street - Visicom (Bruce Hammond) (RW)
A. REFERENCE AND BACKGROUND:
The City currently owns a five acre parcel located at the northeast corner of Cedar Street and
Dundas Road that it had acquired a number of years ago through tax forfeiture. As some of
you may recall. this parcel was previously anticipated to be part of the Wal-Mart Store/Home
Depot development project that was planned for this area a few years ago.
The City has not been actively marketing this property and the assumption was that the City
would want to wait to see what happened to the balance of the property surrounding the parcel
before considering a sale.
1 was recently approached by Mr. Bruce Hammond who has an interest in obtaining an option
agreement on this property for the purposes of developing a retail commercial project.
According to Mr. Hammond, he is involved in a similar project being constructed in
Albertville and would like to tie up this property for up to a year to allow him to see if he can
put together a project of similar design here.
Council is asked to consider whether it would be willing to first of all sell the propeliy rather
than waiting to see what happens to the larger tract of land around it, and if so, under what
terms and conditions, including what price. The option agreement presented by Mr.
Hammond is basically giving him one year to hold the property without identifying a specific
price for a $1,000 fee. I would think the first thing the City would need to do if it is
interested in this type of development on the property would be to establish a price expected
and do this by analyzing recent sales nearby or through an appraisal. In addition, I would
recommend that the option fee be considerably higher than the $1,000 if we would be
agreeing to take it off the market for up to the one year.
An example of the type of project Mr. Hammond is proposing is included with the agenda and
although this is the design being built in Albertville, Mr. Hammond indicated it would be
constructed in a similar fashion on this five acre parcel.
B. ALTERNATIVE ACTIONS:
c.
I. Council could agree to establish an option agreement with Mr. Bruce Hammond on the
five acre parcel with terms and conditions to be established.
2. Do not enter into an option agreement at this time.
STAFF RECOMMENDATION:
While the type of development being suggested for this five acre parcel may be appropriate,
staff has concerns that the City may want to consider holding onto this parcel to see what
happens or is developed surrounding it. When the last large retail development was proposed
1:\\
.
.
.
D.
Council Agenda: 11/14/05
on the adjacent property, the City's parcel was integral part of that proposal and it may be
premature to develop a small corner of this large vacant area without knowing what is going
to happen on the larger parcel. If the Council is willing to consider an option, I would suggest
that a price be established first so that both parties know what to expect if the sale is
completed and the COlillcil may want to increase the option fee to a more realistic price for
property that has a likely value in excess of$I,OOO,OOO.
SUPPORTING DATA:
Option agreement proposal
qd-
.
.
.
OPTION AGREEMENT
THIS OPTION AGREEMENT for Option to purchase real property (the
"Agreement") is made and entered into on this 1st day of November, 2005 by and
between City of Monticello, a Minnesota corporation (hereinafter the "Seller") and
Visicom Inc. (hereinafter the "Buyer"). The date that this Agreement has been fully
executed is hereinafter referred to as the "Effective Date".
In consideration of the mutual covenants, agreements and promises ofthe parties
contained herein, the adequacy of which is hereby acknowledged, the parties hereto agree
as follows:
I. PROPERTY - Buyer desires to purchase from Seller, subject to the terms and
conditions prescribed on the attached Purchase Agreement, real property owned
by Seller situated in the City of Monticello, County of Wright, State of
Minnesota, consisting of PID #: 155-500-142300 and PID#: 155-500-142303,
Lot 005, Block 005, Cedar Street Commercial Property legally described as See
Exhibit A and Exhibit B. A map of which is depicted on the attached Exhibit C
(hereinafter the "Property").
2.
GRANT OF EXCLUSIVE OPTION Seller hereby grants to Buyer the
exclusive option to purchase the Property subject to the terms and conditions set
forth in this Agreement. During the term ofthis Agreement and subject to the
conditions of Section 7 and Section 8 below, Seller agrees not to sell, lease or
otherwise convey the Property, in whole or in part without the express written
consent of Buyer.
3.
OPTION TERM This Agreement shall commence upon the Effective Date as
defined above, and shall continue for a period of 365 days, ("Option Term"), at
which time it shall automatically terminate, unless earlier terminated or cancelled
as provided herein.
4.
PURCHASE PRICE AND TERMS - The Purchase Price for the Property shall
be determined buy an appraisal and or comparison evaluation at a fair market
value. Upon the exercise of this Agreement, Buyer shall execute a Purchase
Agreement in form and content, after which Buyer and Seller shall proceed to
Closing pursuant to the terms therein.
5.
OPTION PAYMENT - Upon the full execution of this Agreement, Buyer shall
deliver to Seller the amount of $ 1,000 ("Option Payment") and which shall be
considered earned by Seller and non-refundable to Buyer.
<13
C:\Documents and SettingsIBHamondlMy DocumentslParkside Commercial
CenterIVisicom _Option _ Agreemnt_ CedarStreet_10242005.doc
10f4
OPTION AGREEMENT
.
6.
EXERCISE OF OPTION - Subject to the terms and conditions of this
Agreement, Buyer may exercise its option to purchase the Property upon written
notice to Seller immediately followed by the full execution of a binding purchase
agreement, including the payment of any earnest money required there under.
The option to exercise this Agreement shall be at the sole and absolute discretion
of Buyer.
7. CONTINGENCY - Within the Option Term defined herein, Seller shall notifY
Buyer of any and all offers to purchase the Property. Seller agrees to provide all
economic terms and other pertinent details of said offer to purchase. Upon
presenting Seller with a qualified purchase agreement for the Property, Buyer
shall have 30 days in which to exercise its Option to Purchase the Property. In the
event Buyer elects not to exercise its Option to Purchase the Property within said
30 days, and Seller desires to proceed with said purchase transaction, Seller may
redeem this Option Agreement from Buyer by written notice together with
payment in the amount of$ 1,000.00.
8.
CONTINGENCY - Nothing contained herein shall require Buyer to exercise its
Option to purchase the Property, provided however, in the event Seller receives a
bona-fide purchase offer from a ready, willing and able buyer for the Property,
Buyer shall have ten (30) days from the date of receiving written notification, to
exercise this Option to Purchase. If Buyer does not elect to exercise its Option to
Purchase within said ten (30) days, Seller may consider this Option Agreement
automatically cancelled and of no further force and effect.
.
9. NOTICES - All notices which are required or permitted to be given by either
party to the other shall be in writing and shall be delivered to the respective party
as its address set forth below, by registered or certified mail, with postage prepaid,
or by personally delivering or serving said notice upon the other party a the
following addresses:
As to Buyer: Visicom, Inc.
c/o Bruce A. Hamond
P.O. Box 488
Monticello, MN 55362
Phone #: 763-295-5049
Fax #: 763-295-9712
E-mail: bhamond@returninc.com
.
As to Seller: City of Monticello
c/o Rick Wolfsteller
505 Walnut Street STE #1
Monticello, MN 55362
Phone #: 763-295-3211
Fax #: 763-295-4404
E-mail: rick.wolfsteller@ci.monticello.mn.us
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Center\ Visicom _Option _ Agreemnt_ CedarStreet_10242005.doc
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IS.
OPTION AGREEMENT
or to such other address as either party may hereafter specify by notice in writing
to the other. Said notices shall be valid and binding only upon receipt by the
party to whom it is addressed.
10.
ENTIRE AGREEMENT - This Agreement, any attached exhibits and any
addenda or amendments signed by the parties, shall constitute the entire
agreement between Seller and Buyer, and supersedes any other written or oral
agreements between Seller and Buyer. This Agreement can be modified only in
writing signed by Seller and Buyer.
II.
ASSIGNMENT - This Agreement shall not be transferred or assigned by Buyer
without the prior written consent of Seller.
12.
GOVERNING LAW - The parties agree that this Agreement shall be governed
in all respects by the laws of the State of Minnesota.
13.
TIME OF ESSENCE - Time is of the essence in this Agreement.
14.
BINDING EFFECT - This Agreement shall inure to and bind the parties hereto
and their heirs, legal representatives, successors and assigns.
SEVERABILITY - The provisions of this Agreement shall be severable and the
invalidity or unenforceability of anyone or more of the provisions of this
Agreement shall not affect the validity and enforceability ofthe other provisions.
16. HEADINGS - Headings are for reference purposes only and shall not be
considered in the interpretation of this Agreement.
17. EXPIRATION OF OPTION - Buyer's option is valid until5:00 PM on Friday,
October 31st, 2005 at which time it shall expire.
IN WITNESS WHEREOF, the parties have set their hands the day and year first
above written.
SELLER BUYER
City of Monticello.
Visicom Inc.
By
By
Date
By
By
Date
Date
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CenterIVisicom _Option _ Agreemnt_ CedarStreet_I 0242005.doc
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RPR 29 '99 03'25PM CITY or MONTICELLO
p,4/7
EXHIBIT A
Abstract of. Title
go. the-~ ~ 9'teat.~UaCb JitaaLed t/z
1f)~ &owt{Jt"J ./ffJ.,zae,j;()@
A tract of land in the South Half of the Northwest Quarter of Section 14. TownAhip
121, Rance 25. described as follow'l Commencing at the Northeast corner of
said Bouth half of the Northw~6t Qvarter of said Section 14; thence West on
the North line of said South half of th~ North~eBt Quarter of Section 14, for
. distance of 64 rod. for a point of beginning: thence South on B line parallel
to the ~6t lina of 6~1d South Half of the Northwest ~rter of Saction 14,
for a distance or 56 rods to a point; thence West on . l1ne parallel to the
North line of said South Half of Northwest Quarter to State Highway No. 25;
thence Northeasterly along said State High~y No. 25 to tns North line of said
South balf of Nortbwe.t Quarter: thenee teSt on said Nortb line of said South
Half of the Northwest Quarter to the point of bagiuning: Except the South 550
feet thereof.
1=':IJ(ARENDWYOROPROC\RlC;CHAMONOREFUSALAGR: 4J251rw
Page 3
q~
HPR 29 '99 03: 26PM CITY OF ~IONTICELLO
P.S/7
EXHlBIT B
.
Abstract of Title
go. tIte-~ (~ f7teal &ttltb sitaaUd t/v
cpf)~ &t.>tUl{y~ .//12aae&otf#
.
~he South 550 ft. Of that Part of the south One-Half of the
1I'0rt:h....st Qullrter of se"UoD 14, Townsh1p ln, bog" 2$, Wriqht
Count.y, Minnesot./i, des"rlbed .. follo",., Cotlneftcing /it the
Northe.at oorner of said South One-Half, thence aloog oorth 11fte of
&aid south One-Half 00 an anume<l bearinl1 Of south 89 degrees, 08
minutes, 38 aeconds West a diltance of l,OS6 ft. to t.hs point Of
be9inning, t.hence Soutb 00 dagr..., 07 lIinutel 17 liIaoonds west
parallel with the east. line of said South One-Half a dist.ance of
924 ft.; thence South S9 degrees, 08 minutea 38 seconds weet.,
parallel wit.h the north lin. of said South One-H.lf, a diseance of
831.61 ft.. to the "anter line of old Minnesota Highway Bumber 2SJ
thence Kortb 21 deqreeo 42 minutes 10 aeconds EAst, along said
center lin., a dist/ince of 1,051.81 ft. to lobo Nortb line of said
Sout.h OnIt-Ha1f; thence Nort.ll 89 degrM', 08 minut.es 38 .econds
Sa.t, along sald nort.h line. a di.taoce of 344.52 ft. to lobe point
of beginning. Except tlleref!'ClI\ that part. of t.he So....1l OOOl-Half of
thOl lforthw&8t Quarte!' of IUd S<oo. 14 deler l.lled as <XlImIene.l.ng at
tbe Bort-lIeut. cornee of aaid south One-Half 1 thenee along tile North
1io. of .aid so..th One-Half on an allUmed bearing of .outll 89
degrees 08 minutes 38 e&Conde We.t a di.tano.. Of 1,056 ft..; thence
SOuth 00 ~9'reea 07 ~inut... 17 .eoonds West parallel with the Ea.t
line of said South One-Halt, a distance of 92~ ft.; thenee South 89
degrees 08 Ilinute. 38 second. Wut. parallal with th.. North lina of
said S..utb one-Balf, a di.t.ano. of 319.14 ft. to tbe act.u.1 point
of b'"llinnin9'1 t.hence oontinuin'i soutb 89 degrees 08 minutes 38
...conde w..t. a distance of 512.47 ft.. to the c.nter 1108 of old
Min""eota Highway NUlIl.b<lr 261 tll8nc~ /lortb 2" deqree. 42 minute. 10
e.conde Ea.t, along said oent.er line, a dist.ance of 386.16 ft.1
thence North 89 deqr.... 08 minutes 38 lIeeonde l!Iaat, parallel with
the north line of .aid Soutb One-Half, a distanc. of 333.83 ft.;
thence sout.h 00 degree. 09 minut... 01 seconds Weet a dist.ance of
3:19.23 ft.. to the point. of beginnin91 aleo except: 'l'llat part of the
South Half of the Northwest Quarter of See. 14, Townehip 121, Ranqe
25, Wri.qht County, HiMesot.a dasedbQd sa fOllow;, cOI1Illleneing at
tbe Norl:heaet "!'fornsr of ..id South Half of tbe Northwest Quuter I
thence on an assumed I>earinli of south 89 degrl!l<'ls oe minutes 38
seconds west, along the Kortb line of said sout.h Half Of the
Northw..et Quarter, 1055.00 ft._I Thenee Soutb 00 degrees 07 minute.
17 seconde N..et, parallel with ths Ea.t line of e/iid South Half of
the Horthweet Quarter, 632.54 ft. t.o the "enterline of a 80 ft.
roadway and utilit.y ea.emgnt and the actual point of beginning;
q,
.
F:lKARENO\WORDPROC\RJCK\HAMON1)t\EFUSALAOR.: 041291$"
Psge.;
.
.
.
qpR 29 '99 03:26PM CITY OF MONTICELLO
P.5/?
EXmBlT B
easement: thence North 89 deqreea oe minutes 38 seconds East, along
said centerline, 17.39 ft., th~nc. continue along said centerline
64.41 ft. ea.~erly &lonq a tangent1al curv@, ooncave sou~he~lYI
having a central angle of 12 dsgreee 18 ~inutee 08 second. and a
rad!u. of 300 ft., thence Scuth 78 degrees 33 minutes 14 aeconda
E..t, along aaid centerline, tangent to curve, 169.19 ft., thence
63.27 ft. aarterly along said "..ntarUne on a t.!ml1antia1 curve,
concave northerly, having a cent.ral angle oi 12 dS9ra"A OS minute.
OZ aecond. aDd a radiae of 300 ft., thence North 89 degree. 21
minute. 44 seconds Eaat, along aaid centerline, 18.25 feet to the
&Ctlla! point of b"lIinninl1'
F:\KAREND\1I\'ORDPRClC\I'\rCtc:lHAMONOR EFUSALAGR: 4/29199
P"lle5
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Council Agenda: I ] /14/05
.
11.
Consideration of amendments to pnrchase al!reement for sale of property to lVlike
Krutzil! - Jefferson Commons. (RW)
A. REFERENCE AND BACKGROUND:
At the November 22, 2004 Council meeting, approval was given to enter into a purchase
agreement for the sale of approximately a 2.7 acre parcel of Highway 25 frontage property
known as Lot 2, Block I Jefferson Commons First Addition which lies directly south of
Applebee's restaurant. As some of you may recalL there were two parties interested in
purchasing the City's property at that time and Council action agreed to sell the property to
Mr. Krutzig for $9.00/sq. ft. that included provisions requiring Mr. Krutzig to complete
construction ofa retail facility within 18 months of the closing. The original purchase
agreement proposcd by Mr. Krutzig indicated that closing on the property would occur within
six months from the date of acceptance and he was agreeable to the 18 month time frame in
which to construct his project.
.
Modifications were madc to the purchase agreement on the advice of the City Attorney's
office and an addendum was prepared that outlined all of the conditions Mr. Krutzig would
have to meet including City architectural approval of his project, a six month time frame for
governmental and financing approvals (closing date not to exceed 180 days) and the right for
the City to buy the property back after closing if a project is not completed within the 18
months. 1n addition to the addendum, a basic dcvelopment agreement was also created by
legal counsel to address somc minor public improvements that would need to be constructed
as part of the project including a sidewalk along Deegan Avenue.
Although the Council action took place at the end of November 2004, the documents were not
completed and signcd by Mr. Krutzig until March of2005 at which time the City received a
$20,000 earncst money down payment. There is some qucstion as to whcther thc closing
should havc occurred within six months after acceptance by thc Council which would be the
end of April, 2005 or whether the six month timc framc bcgan aftcr actual signing of thc
purchase agreement which wasn't donc until March of 2005, but regardless of which closing
date we would use, we have now exceeded six months time frame.
I notificd Mr. Krutzig that if closing wasn't going to occur immcdiately, we would need to
look at our options and Mr. Krutzig recently indicated he needed to close as soon as possible
to meet his deadline for a 1031 tax exchange process.
.
Since Mr. Krutzig did not meet the initial 180 day requirement for closing on the property or
has provided any definite plans for development at this time, Council is asked to provide
direction on whether you want to still proceed with closing as soon as possible by the end 01'
November or whcther the Council wants to consider adjustments to the purchase agreement. I
think it would also be important if the Council continucs with this purchase agrccment that a
deiinite time table be established for when a project has to be developed and built so that thcre
isn't any confusion in the future. Even if the closing is to take place within the next few
weeks, it is suggested that the] 8 month time frame for construction of a building be
considered started on March 9, 2005 which would require construction to commence by
\03
Council Agenda: 11114/05
.
September 2006. The March date would coincide with when the down payment was received
along with the addendums to the purchase agreement that were provided to Mr. Krutzig for
signature.
Mr. Krutzig has recently indicated that some of his potential lease tenants did not materialize
as expected which caused delays in finalizing any plans but he is very hopeful that
construction can be started in the spring of 2006 and be able to meet the construction time
line. if amended.
Mr. Krutzig also noted that he thought the City was going to amend the original purchase
agreement he had provided in addition to the addendums we did prepare and thought he had
additional time to complete the closing. After my notification that the time frames were
nearing expiration, Mr. Krutzig did indicate a willingness to complete the closing within the
next few weeks as it would correspond with his tax exchange provisions.
B. AL TERNA TIVE ACTIONS:
I.
Authorize City Attorney to prepare an amendment to the purchase agreement
extending the closing date to November 30, 2005 and to prepare deed restrictions that
indicate construction must be commenced by September 9, 2006 or the property
reverts back to the City for the same price.
.
2.
Council could propose modifications to the purchase agreement to be determined.
C. STAFF RECOMMENDATION:
It is the recommendation of the City Administrator that the purchase agreement be modified to
reflect the closing date not to exceed November 30, 2005 and that the 18 month construction
deadline be determined from March 9, 2005, the date of the addendum being prepared and the
down payment was received. It is expected that the sale price will exceed $1 million based on
$9.00/sq. ft. for the 117.456+ square foot parcel.
D. SUPPORTING DATA:
Copy of Purchase Agreement
Addendum to Agreement
Development Contract
.
\ 0'-\
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A" .'
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";1"..";......".,,.....
.
VACANT LAND ADbftDUM
This 10rm approved by the Minnesota Association of
REALTORS@, which disclaims any liability
arising out of use or misuse of this form.
mOOD. Minnesota Association of REALTORS@, Edina, MN
1. Date 1\ ! II 10'1
2. Page ;t
3. Addendum to Purchase Agreement betwee~ parties dated~, 20~pertaining to the purchase
4. and's1'Ile of the property at
5.
\-\~ L S ,) t' .p.q, x(~ 0 n r .o(y\fNI '^ S
6. SPECIAL CONTINGENCIES: This Purchase Agreement is subject to the following contingencies and if the following
7. contingencies checked below cannot be satisfied or waived, in writing, by Buyer by /to ~ r FMM, frfrf-~~
8. this Purchase Agreement shall become null and void and all earnest money shall be refunded tolthe Buyer. Buyer and
9. Seller shall immediately sign a cancellation of the P~rchase Agreement. "1. 'tI
10. (Se/ectappropriateop/ionsa-h) 'i u& Jrv,de (I!J/ .
11. 111. (a)~~~,;~~ELL~hall prsw;,-'o .. ~Qrtiflc~hl sf stlr.e) af t~ property, at__~'~~~~Ie=~~~,L~~ xpense, not
I' ' '
later than Clo')l ~r,20 . . ,
Buyer obtaining approval of city/township of proposed building plans and specification
12.
13. ca(b)
14. ~(c)
15. l.X'J: (d)
16. t51I (e)
17. ~(f)
ELLER expense.
18.
19.
20.
'~(g)
Et(h)
without extraordinary building methods or cost.
Buyer obtaining approval of building plans andior specifications in accordance with any recorded subdivision
covenants and approval of the architectural control committee.
OTHER: H (\(A(\C'A~) 0)0;:0 Su..,o Ptd..clf MIlBY""
21.
22.
23. Seller's expenses for these contingencies (if any) shall not exceed $ N Ie...
24. Seller grants permission of access to the property for testing and surveying purposes.
25. PLEASE NOTE: Buyer may incur additional charges improving the property including but not limited to: Hook-up andior
26. access charges, municipal charges, costs for sewer access, stubbing access, water access, park dedication, road access,
27. utility connection and connecting fees, curb cuts and tree planting charges.
28. SPECIAL WARRANT . eller warrants that the property described in this Purchase Agreement consists of
29. Z. ACRES I QUARE FEET and is currently zoned oS - if ~ .
30. Seller warrants that ;'he ~ro~:;;~~I~!:~r@n the designated 100 year flood plain area. - ,/---1:-~
31. Seller warrants that the prope y DOES ES NOT currently receive preferential tax treatment (i 0 ':,:?n_ ^ rn, els.).
circleone}--m-
32. OTHER:
1.
2.
Date JJou II
Page 1 of I
,
,2.--0"''(
.
e
PURCHASEJlAEEMENT
This form approved by th_nesota Associatjon of .
REALTORS@, which disclaims any liability
arising out of use or misuse of this form.
@ 2003 Minnesota Association of REALTORS@, Edina, MN
RECEIVED OF
/)J,c..h""-t'1 1<.........1- <..-1)
3.
4.
5.
6.
thesumof-rW""'~ ~"'f-Hvl> DOilars($Zo,ono.oo )
by C:HECUCASH / NOTE as earnest money to be deposited upon acceptance of Purchase Agreement by all parties, on or
.um_______m__(circle oneJ-......-----n_---
before the third business day after acceptance, In the trust account of listing broker but to be returned to Buyer If Purchase
Agreement Is not accepted b Seller, Said earnest money is part payment for the purchase of the property located at:
Street Address: - .;L.l 0..(...-(' j:h^L<t..\ i .J'(: f(~,.. e,.,- ~<!)..."...-'V\,~.NS
City of Y'\,o^~) ",\:.\\c ,County of ' State of Minnesota,
Legaily described as: LoT :z., 1{1.t>Ut:. I ::r~ f-f.v.s.,J GeM MoNS / if A dcI,t-'d-J
,
, cable TV jacks and
cd fans, intercoms:
ato . AND: the foilowing
q.190 ."i6 F+
)
Doilars,
25. which Buyer agrees to pay in the foil owing manner: earnest money of $ " ,;Lc:J loeD -+ '-<.1<1..... ~ 14... ,"-- J
26. and$ ~"<.~"'-LE' cashon 1'&<.:> ""-'1' .{'''','O'\ <Lct'I'd-".< ~ ,the date of closing, and
27. the balance of $ by finanCing In accordance With the attached Addendum:
28. Conventional/FHA / OVA / Assumption / Contract for Deed / Purchase Money Mortgage / ~
-------(c'rcle all thai apply!---
29. This Purchase AgreementIS(!'~Jt~\iv.;Ubject to a Contingency Adden~um for sale ot Buyer's property. (If answer is IS, see attached Addendum.)
30. (If answer is IS NOT, the closing of Buyer's property, if any, may still affect Buyer's ability to obtain financing, if financing is applicable.)
31. This Purchase Agreement IS /IS NOT subject to cance1ration~of a previously wotten Purchase Agreement dated Ai "l
32. (If answer is IS, said cancellation shall be obtained no later than ,20 -. If said cancellation is not obtained
33. by said date, this Purchase Agreement shall become null and void. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement
34. directing all earnest money paid hereunder to be refunded to Buyer.)
35. This Purchase Agreement~/ IS NOT subject to a Vacant Land Addendum. (If answer is IS, see attached Addendum.)
---(ClrCleorJeJ-------
36. Buyer has been made aware of the availability of property inspections. Buyer Elects I~ have a property inspection performed at Buyer's expense.
____..../clrcle one)-----..-
37. This Purchase Agreement IS I ~ subject to an Inspection Addendum. (If answer is IS, see attached Addendum.)
____u__[Oo'0800e)______._
...-icirc,'eooe)..--
38. DEED/MARKETABLE TITLE: Upon pertormance by Buyer, Seller shall deliver a Warranty Deed or Other:
Deed
__m__icircle one}."'.
45.
date of ciosing any deferred real estate taxes (e.g., Green Acres, etc.) or special
46. assessments, payment of which is required as a result of the closing of this sale.
47. !I_UYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSfNG SELLER SHALL PAY ON DATE OF CLOSING all installments
one)--...---m _ _ _ _._._~_m.___m.____.. __mn_m__nU...__m._____m_
_, ~~~....;....1 <><t<t""."."rm:>ntc;: r.prtified for oavment with the real estate taxes due and payable in the year of closing.
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122. Address
123. Page 3
PURC~EAGRE~MENT
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124. Buyer shall pay PRORATED FROM DAY OF CLOSING' _12ths , ALL' NONE real estate taxes due and payable In the year
125. Seller shall pay RORATEDTO DAY OF CLOSING 12ths' ALL/NONE real estate taxes due and payable in the year ..)~ ~- . If the
~ closing date i~~~~~i~~:h~:'~~I~~;J(e::;~:~ep~~~~;~;;;~~,n~~n~~j~~;ed to the new closing date. Seller warrants taxes due and
127. payable in the year will be FULL' PAR , 0 - omestead classification. If part- or non-homestead classification is circled,
m--------(clrcJe one)-------------
128. Sell~aQ(ees to pay Buyer at closing $ Ii ,<.?tP S
129. toward the non-homestead real estate taxes. Buyer agrees to y any remaining balance of non-homestead taxes when they become
130. due and payable. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter, the payment of which is
131. not otherwise herein provided. No representations are made concerning the amount of subsequent real estate taxes.
132. POSSESSION: Seller shall deliver possession of the property not later than ;MM.e6 ,,.-/-,1'1. after closing.
133. All interest, homeowner's association dues, rents and all charges for city water, city sewer, electricity and natural gas shall be prorated
134. between the parties as of date of closing. Buyer shall pay Seller for remaining gallons of fuel oil or liquid petroleum gas on the day of
135. closing, at the rate of the last fill by Seller. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY NOT INCLUDED
136. HEREIN from the property by possession date.
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137. ENVIRONMENTAL CONCERNS: To the best of Seller's knowledge, there are no hazardous substances or underground storage
138. tanks except herein noted: 11 ~" -t..'
139.
140. SELLER WARRANTS THAT THE PR PERTY IS EITHER DIRECTLY OR INDIRECTLY C NNE-TED TO:
141. CITY SEWER~' YES 0 NO 'CITY WATER g YES 0 NO
142. SELLER I BtlYER AGR~TO PROVIDE WATER QUALITY TEST RESULTS IF REQUIRED BY GOVERNING AUTHORITY ANDIOR LENDER
mn_____(cfrcieone)mmm .
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7.
B.
9.
O.
EIVED THE INSPECTION REPORTS, IF REQUIRED BY MU
(Company)
NOTICE
Seller'
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4.
5.
(Licensee)
66.
(Licensee)
(Company)
68. THIS NOTICE DOES NOT SATISFY MINNES TA STATUTORY GENCY DISCLOSURE REQUIREMENTS.
169. DUAL AGENCY REPRESENTATION
Nili- PI EASE CHECK ONE OF THE FOLLOWING SELECTION~:
.
.
.
Date:
Page:
Addendum to Purchase Agreement
Between Michael Krutzig and the City of Monticello
1. As and for the purchase price for the property, Buyer shall pay, at closing, $9.00 per
square foot, which price will increase by $0.05 per square foot, if Buyer obtains a
building permit for a restaurant on the property.
2. Square footage of proposed building including square footage retail/office or
restaurant space
Concept Al - 23,906 g.s.f.
Concept A2 - 23,581 g.s.f.
3. At closing, Buyer shall pay Seller $2,000 per stall deficiency, if Buyer requires excess
parking within the City's commuter parking lot pursuant to city requirements.
4. At closing, Buyer shall pay $28.50 per foot of street frontage of property on Deegan
for decorative street lighting.
5. Buyer shall obtain all necessary government approvals within 180 days of execution
of this Purchase Agreement by both parties.
6. Seller the right to approve the architectural design of the building to be constructed on
the Subject Property.
7. Approval of the architectural design, materials and exterior is subject to approval by
Seller prior to issuance of a building permit for construction of any building on the
Subj ect Property.
8. Seller shall have the right to re-purchase the property for the sale price paid by Buyer
at closing, if Buyer fails to construct a building on the property within 18 months of
the closing date, and the deed to the property provided by Seller at closing shall
include a restriction as provided herein.
9. Buyer shall install a public sidewalk along Deegan Avenue within the City's right-of-
way, at Buyer's expense, and shall enter into a public improvement development
contract with the City at Closing incorporated herein and attached hereto as Exhibit A
for installation of the sidewalk, which agreement shall include a letter of credit to
guarantee construction of the sidewalk. Tn addition, Buyer shall be responsible for
payment of all City trunk fees to be assessed against the Property in connection with
the platting process.
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.
Date:
Page:
10, All of the representations, warranties, covenants and agreements of the parties to this
Purchase Agreement and Addendums thereto, as well as any rights and benefits of the
parties, pertaining to a period of time following the Closing of the transactions
contemplated hereby, shall survive the Closing and the delivery of the Deed and shall
not be merged therein,
11, This Purchase Agreement, including all Addendums, and all obligations of Seller
hereunder are expressly conditioned on the following conditions precedent being in
effect or complied with on and as of the Closing Date, and Buyer covenants that it
will use diligent, good faith efforts to cause such conditions to be in effect or
complied with:
(a) Buyer shall have complied with all of its other obligations under
this Agreement.
(b) Recording of a final plat for Outlot C, JEFFERSON COMMONS,
Wright County, Minnesota, platting the Subject Property as a 2,7
acre lot and block, in a form and substance acceptable to Seller.
(c)
Buyer's execution of the Development Contract attached to this
Addendum as Exhibit A
CITY OF MONTICELLO
BY:
Clint Herbst, Mayor
(SEAL)
AND
Rick Wolfsteller, City Administrator
MICHAEL KRUTZIG
IDa.,
.
.
.
Date:
Page:
ST A TE OF MINNESOTA
)
( ss.
)
COUNTY OF WRIGHT
The foregoing instrument was acknowledged before me this day of
,2005, by Clint Herbst and by Rick Wolfsteller, the Mayor and City
Administrator of the City of Monticello, a Minnesota municipal corporation, on behalf of
the corporation and pursuant to the authority granted by its City Council.
NOT ARY PUBLIC
STATE OF MINNESOTA)
( ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
, 2005, by Michael Krutzig, a
day of
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL, K:\UTSON
Professional Association
317 Eagandalc Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651-452-5000
AMP
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Date:
Page:
EXHIBIT A
TO
ADDENDUM TO PURCHASE AGREEMENT
DEVELOPMENT CONTRACT
AGREEMENT dated
, 2005, by and between the CITY
OF MONTICELLO, a Minnesota municipal corporation ("City"), and MICHAEL
KRUTZIG, residing at
, Minnesota
("Developer").
RECITALS
A.
City and Developer have entered into a Purchase Agreement for
Developer's acquisition of real property consisting of 2.7 acres of Outlot C, Jefferson
Commons, Wright County, Minnesota, to be replatted as a lot and block as graphically
depicted on the attached Exhibit "A" ("Subject Property"), to which this Development
Contract is attached as an Exhibit ("Purchase Agreement");
B. Under the terms of the Purchase Agreement, Developer agrees to enter
into this Development Contract for the construction of a city sidewalk ("Public
Improvement") within the City's right-of-way, abutting the Subject Property.
For and in consideration of the mutual covenants contained hereinafter and under
the Purchase Agreement, Developer and City agree as follows:
Il\
.
.
.
1.
The Subject Property will be developed, used, and maintained in
accordance with the Purchase Agreement, this Agreement, and all other applicable laws
and regulations.
2. DEVELOPER INSTALLED IMPROVEMENTS. Developer shall
install and pay for the City sidewalk along that portion of Deegan Avenue abutting the
Subject Property. The improvements shall be installed in accordance with the City
subdivision ordinance; City standard specifications; and any other ordinances. The
Developer shall submit plans and specifications which have been prepared by a competent
registered professional engineer to the City for approval by the City Engineer. To
guarantee construction of the sidewalks, Developer shall furnish or cause its general
contractor to furnish the City, prior to any site work, a cash escrow (or bank letter of
credit in a form reasonably acceptable to the City) in the amount of Four Thousand Six
Hundred and Noll 00 ($4,600.00) Dollars ("security"). The security shall also include
costs relating to any curb restoration and repair and cleaning of public streets and city
administration and inspection of the work. The security shall be for a term ending July 1,
2007, and shall be automatically renewable if work is not complete by that date. The
City may draw down the security, after thirty (30) days advanced written notice and
opportunity to cure, for any violation of the terms of this Contract or if the security is
allowed to lapse prior to the end of the required term. If the required improvements are
not completed at least thirty (30) days prior to the expiration of the security, the City may
also draw it down. If the security is drawn down, the proceeds shall be used to cure the
default, with any remainder returned to Developer. This financial security shall be
\ld-
.
released to Developer within thirty (30) days after the complete installation and approval
by the City of all required public improvements.
Within thirty (30) days after the completion of the improvements and before the
security is released, the Developer shall supply the City with a complete set of reproducible
"as constructed" plans, an electronic file of the "as constructed" plans in an auto
CAD.DWG file or a .DXF file, and two complete sets of blue line "as constructed" plans,
all prepared in accordance with City standards.
3. PERMITS. The Developer shall obtain or require its contractors and
subcontractors to obtain all necessary permits, including but not limited to:
. Wright County Soil Conservation District
. DNR for Dewatering
. City of Monticello for Building Permits
.
4.
LICENSE. The Developer hereby grants the City, its agents, employees,
officers and contractors a license to enter the Subject Property to perform all work and
inspections deemed appropriate by the City in conjunction with construction of public
improvements.
5. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work
and construction required by this Contract, the improvements lying within public
easements shall become City property without further notice or action.
6. TIME OF PERFORMANCE. The Developer shall install the required
public improvement within 2 years of the closing date of the Purchase Agreement. The
Developer may, however, request an extension of time from the City. If an extension is
granted, it shall be conditioned upon updating the security posted by the Developer to
. reflect cost increases and the extended completion date. If Developer fails to complete
\ \ 3
.
.
.
the sidewalk in accordance with the time provided for performance and no extension of
time is granted by the City, the City may perform the work and draw on the security.
Developer shall be liable for all costs incurred by the City exceeding the security
provided.
7. CLAIMS. In the event that the City receIves claims from labor,
materialmen, or others that work required by this Contract has been performed, the sums
due them have not been paid, and the laborers, materialmen, or others are seeking payment
from the City, the Developer hereby authorizes the City to commence an Interpleader
action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to
draw upon the letters of credit in an amount up to 125 percent of the c1aim(s) and deposit
the funds in compliance with the Rule, and upon such deposit, the Developer shall release,
discharge, and dismiss the City from any further proceedings as it pertains to the letters of
credit deposited with the District Court, except that the Court shall retain jurisdiction to
determine attorneys' fees pursuant to this Contract.
8. WARRANTY. The Developer warrants all public improvements required
to be constructed by it pursuant to this Contract against poor material and faulty
workmanship. The warranty period for sidewalks is one year and shall commence
following completion and acceptance by City Council.
9. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all
actual costs incurred by it or the City in conjunction with the construction of the public
improvements under this Agreement, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and inspection expenses
\\~
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.
.
incurred in connection with approval and acceptance of the public improvements, the
preparation of this Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting construction of the public
improvements. The Developer shall deposit with the City the amount set forth in Section 2
to be used for the payment of these fees and enforcement fees. If the amount in the deposit
account drops below 15% of the initial amount, the Developer will make additional
deposits in amounts set by the City. At the completion of the project and following
payment of all expenses related to the project, the City shall return the remaining deposit
funds to the Developer.
B. The Developer shall hold the City and its officers, employees, and
agents harm less /Tom claims made by it and third parties for damages sustained or costs
incurred resulting from approval of this Agreement and Developer's construction of the
public improvements required hereunder. The Developer shall indemnifY the City and its
officers, employees, and agents for all costs, damages, or expenses which the City may pay
or incur in consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the
enforcement of this Contract, including engineering and attorneys' fees.
D. The Developer shall pay in full all bills submitted to it by the City
for obligations incurred under this Contract within thirty (30) days after receipt. Bills not
paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per
year.
10. MISCELLANEOUS.
\\s
.
A.
Third parties shall have no recourse against the City under this
Contract.
B. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Contract is for any reason held invalid, such decision shall not affect the
validity of the remaining portion of this Contract.
C. The Developer assumes all liability and costs resulting in delays in
completion of public improvements and damage to public improvements caused by the
City, Developer, its contractors, subcontractors, material men, employees, agents, or third
parties.
.
D. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Contract. To be binding, amendments or waivers shall
be in writing, signed by the parties and approved by written resolution of the City Council.
The City's failure to promptly take legal action to enforce this Contract shall not be a
waiver or release.
.
E. This Contract shall run with the land and may be recorded against
the title to the property.
F. Developer shall take out and maintain or cause to be taken out and
maintained until six (6) months after the City has accepted the public improvements, public
liability and property damage insurance covering personal injury, including death, and
claims for property damage which may arise out of Developer's work or the work of its
subcontractors or by one directly or indirectly employed by any of them. Limits for bodily
injury and death shall be not less than $500,000 for one person and $1,000,000 for each
occurrence; limits for property damage shall be not less than $200,000 for each occurrence;
\ \ ~
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.
.
or a combination single limit policy of $1 ,000,000 or more. The City shall be named as an
additional insured on the policy, and the Developer shall file with the City a certificate
evidencing coverage prior to the City closing on the Purchase Agreement for the sale of the
Subject Property. The certificate shall provide that the City must be given ten (10) days
advance written notice of the cancellation ofthe insurance.
G. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, express or implied, now
or hereafter arising, available to City, at law or in equity, or under any other agreement, and
each and every right, power and remedy herein set forth or otherwise so existing may be
exercised from time to time as often and in such order as may be deemed expedient by the
City and shall not be a waiver of the right to exercise at any time thereafter any other right,
power or remedy.
H.
The Developer may not assign this Contract without the written
permission of the City Council. The Developer's obligation hereunder shall continue in
full force and effect even if the Developer sells a part or parts of the Subject Property.
\ \.1
.
.
.
11.
NOTICES. Required notices to the Developer shall be in writing, and shall be
either hand delivered to the Developer, its employees or agents, or mailed to the Developer
by certified mail at the following address:
Notices to the City shall be in writing and shall be either hand delivered to the City
Administrator, or mailed to the City by certified mail in care of the City Administrator at
the following address: Monticello City Hall, 505 Walnut Street, Monticello, Minnesota
55362.
CITY OF MONTICELLO
BY:
Clint Herbst, Mayor
(SEAL)
AND
Rick Wolfsteller, City Administrator
DEVELOPER:
MICHAEL KRUTZIG
BY:
STATE OF MINNESOTA)
( ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
,2005, by Clint Herbst and by Rick Wolfsteller, the Mayor and City
Administrator of the City of Monticello, a Minnesota municipal corporation, on behalf of
the corporation and pursuant to the authority granted by its City Council.
NOT ARY PUBLIC
\ \ 'b
.
.
.
STATEOFMINNESOTA )
( ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
,2005, by Michael Krutzig, a
day of
NOTARY PUBLIC
DRAFTED BY:
CA\1PBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651-452-5000
AMP
\ \ ~
.
.
.
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
Graphic Depiction of Subject Property
\d.-U
.
.
.
Council Agenda: 11/14/05
12.
Consideration of process for sellin!! city owned residential lot - River Terrace Addition.
(RW)
A. REFERENCE AND BACKGROUND:
With the recent completion of curb and gutter along with storm sewer improvements on River
Street, the City owned residential lot (Lot 5, Block 5 River Terrace) would be available for
development purposes. The COlmcil at the last meeting asked that staff obtain a market analysis
from local real estate agents to determine an approximate value of the property before
determining how to sell it. I contacted three local real estate agents and have received two
verbal market estimates placing the value between $44,900 and $75,000. A third written
estimate will be available by Monday night.
The Council is asked to determine what method should be used to sell the property and to also
consider whether you want to consider a proposal by Mr. Bruce Hammond who would like to
obtain an option on this parcel for up to one year for a fee of $1,000. Mr. Hammond currently
resides across the street from this parcel and has an interest in acquiring it for future
development.
If the Council is not interested in an option agreement proposal at this time, the Council could:
I,
Establish a price based on the market estimates and offer the property for sale to the
general public for that price.
2. List the property with a local real estate agent and let them sell it.
3. Set a minimum price and advertise the property for sale through sealed bids.
B. AL TERNATIVE ACTIONS:
I. Council could grant an option to Mr. Bruce Hammond as requested.
2. Establish a value for the property and determine method for the sale.
C. STAFF RECOMMENDATION:
D.
After all three market analyses are received and reviewed, the Council could establish a
minimum price you would accept but advertise the parcel for sale through the bid process.
This would seem to be the fairest by offering it to anyone who may be interested. It is likely
the City could receive more exposure by listing it with a local real estate agent. but that is a
Council choice.
SUPPORTING DATA:
Proposed Option Agreement by Bruce Hammond
Written Market Analysis from Edina Realty (if available)
\ ~ \
Scott Phillips, Realtor
Fleming / Phillips Group, Edina Realty
Scott V. Phillips
~~'"~
REALTOR@, GRI r~'~
>0 ~~'"
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CD Direct: (763) 271-5432
! Office: (763) 295-3456
~ Cell: (612) 518-7222 Monticello Office
Fax: (763) 271-5422 9240 State Hwy 25
." (Corner of Hwy 25 & School Blvd)
www.scottphIlllps,edmarealty.com Monticello, l\.1J\1 55362
,,,,",,lil
II
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.
www.edinarealty.com
An affiliate of Edina Realty Home Service~, a complete real estate services company
November 11, 2005
Rick Wolfsteller
City Administrator
City of Monticello
Re: Lot 5 Block 5 River Terrace
Rick,
Per your request to provide the city council with a price opinion Lot 5 Block 5 River
Terrace, I have reviewed some MLS data on lots for sale in Monticello as well as visited
the property.
.
It is my opinion that the property will bring offers in the range of $57,500 to $62,500. A
higher price point may be realized if an extended time on the market is acceptable.
However, we are entering a slower time of year for all real estate and it's likely that a
buyer wouldn't wish to build until spring 2006 at the earliest. If market time was not a
consideration I would have no hesitation marketing this property at a higher price.
Please feel free to contact me if you would like to review in detail some of the data I used
to arrive at this price range.
Sinc rely,
.
EDINA REALTY 9240 State Hwy 25 Monticello, MN 55362 PHONE 763.295.3456 FAX 763.295.5789
I
Lots & Land Statistics' fi;1u~n LELlC
i
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Me
Status: Active (27)
List Price: $0 - $100,000 (18)
List Price DOM Sale Price Taxes w / Assmts Acres ...~
Min $45,900 10
Max $74,900 332 $388 1
Avg $63,082 195.4 $32 .11
Sum $1,135,475 $584
List Price: $100,000 - $200,000 (9)
List Price DOM Sale Price Taxes w/Assmts Acres
Min $109,900 58
Max $199,900 262 $896 1
Avg $150,467 119.2 $173 .44
. Sum $1,354,200 $1,554
List Price: All (27)
List Price DOM Sale Price Taxes w/Assmts Acres
Min $45,900 10
Max $199,900 332 $896 1
Avg $92,210 170 $79 .22
Sum $2,489,675 $2,138
Search Time: 0.28s
All information contained herein is for the exclusive use of authorized MLS subscribers;
Copyright (c) 2001-2005 Regional Multiple Listing Service of Minnesota, Inc.
M~ For help or to submit suggestions, email matID<help@nortll1slarmls.mm or call 651-251-5456.
.ru::;; l Tarasoft MATRIX, build 1013.11, compiHe<I September 15,2005. COpyirllgllt @ 2005 Tarasoft Corporation.
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OPTION AGREEMENT
THIS OPTION AGREEMENT for Option to purchase real property (the
"Agreement") is made and entered into on this 1st day of November, 2005 by and
between City of Monticello, a Minnesota corporation (hereinafter the "Seller") and
Visicom Inc. (hereinafter the "Buyer"). The date that this Agreement has been fully
executed is hereinafter referred to as the "Effective Date".
In consideration of the mutual covenants, agreements and promises of the parties
contained herein, the adequacy of which is hereby acknowledged, the parties hereto agree
as follows:
1. PROPERTY - Buyer desires to purchase from Seller, subject to the terms and
conditions prescribed on the attached Purchase Agreement, real property owned
by Seller situated in the City of Monticello, County of Wright, State of
Minnesota, consisting of PID #: 155-020-005050, Lot 005, Block 005, River
Terrace Residential Property legally described as See Exhibit A and Exhibit B.
A map of which is depicted on the attached Exhibit B (hereinafter the
"Property").
2.
GRANT OF EXCLUSIVE OPTION Seller hereby grants to Buyer the
exclusive option to purchase the Property subject to the terms and conditions set
forth in this Agreement. During the term of this Agreement and subject to the
conditions of Section 7 and Section 8 below, Seller agrees not to sell, lease or
otherwise convey the Property, in whole or in part without the express written
consent of Buyer.
3. OPTION TERM This Agreement shall commence upon the Effective Date as
defined above, and shall continue for a period of 365 days, ("Option Term"), at
which time it shall automatically terminate, unless earlier terminated or cancelled
as provided herein.
4. PURCHASE PRICE AND TERMS - The Purchase Price for the Property shall
be and Noll 00 Dollars ($ .00)
("Purchase Price"). Upon the exercise of this Agreement, Buyer shall execute a
Purchase Agreement in form and content as contained on the attached Exhibit C,
after which Buyer and Seller shall proceed to Closing pursuant to the terms
therein.
5. OPTION PAYMENT - Upon the full execution of this Agreement, Buyer shall
deliver to Seller the amount of $ 1,000 ("Option Payment") and which shall be
considered earned by Seller and non-refundable to Buyer.
C:\windows\TEMPlVisicom _Option _ Agreemnt_ River Terrace _ L005 _10 192005.doc
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OPTION AGREEMENT
.
6.
EXERCISE OF OPTION - Subject to the terms and conditions ofthis
Agreement, Buyer may exercise its option to purchase the Property upon written
notice to Seller immediately followed by the full execution of a binding purchase
agreement similar in form and content as contained on the attached Exhibit C,
including the payment of any earnest money required there under. The option to
exercise this Agreement shall be at the sole and absolute discretion of Buyer.
7. CONTINGENCY - Within the Option Term defined herein, Seller shall notify
Buyer of any and all offers to lease the Property. Seller agrees to provide all
economic terms and other pertinent details of said offer to lease. Upon presenting
Buyer with a qualified lease for the Property, Buyer shall have 30 days in which
to exercise its Option to Purchase the Property. In the event Buyer elects not to
exercise its Option to Purchase the Property within said 30 days, and Seller
desires to proceed with said lease transaction, Seller may redeem this Option
Agreement from Buyer by written notice together with payment in the amount of
$ 1,000.00.
8.
CONTINGENCY - Nothing contained herein shall require Buyer to exercise its
Option to purchase the Property, provided however, in the event Seller receives a
bona-fide purchase offer from a ready, willing and able buyer for the Property,
Buyer shall have ten (30) days from the date ofreceiving written notification, to
exercise this Option to Purchase. If Buyer does not elect to exercise its Option to
Purchase within said ten (30) days, Seller may consider this Option Agreement
automatically cancelled and of no further force and effect.
.
9. NOTICES - All notices which are required or permitted to be given by either
party to the other shall be in writing and shall be delivered to the respective party
as its address set forth below, by registered or certified mail, with postage prepaid,
or by personally delivering or serving said notice upon the other party a the
following addresses:
As to Buyer: Vi sic om, Inc.
clo Bruce A. Hamond
P.O. Box 488
Monticello, MN 55362
Phone #: 763-295-5049
Fax #: 763-295-9712
E-mail: bhamond@returninc.com
.
As to Seller: City of Monticello
cia Rick Wolfsteller
505 Walnut Street STE #1
Monticello, MN 55362
Phone #: 763-295-3211
Fax #: 763-295-4404
E-mail: rick.wolfsteller@ci.monticello.mn.us
C:lwindowslTEMPIV isicom _Option _Agreemnt_ River Terrace _ LOOS _1 019200S.doc
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OPTION AGREEMENT
or to such other address as either party may hereafter specify by notice in writing
to the other. Said notices shall be valid and binding only upon receipt by the
party to whom it is addressed.
10.
ENTIRE AGREEMENT ~ This Agreement, any attached exhibits and any
addenda or amendments signed by the parties, shall constitute the entire
agreement between Seller and Buyer, and supersedes any other written or oral
agreements between Seller and Buyer. This Agreement can be modified only in
writing signed by Seller and Buyer.
11.
ASSIGNMENT - This Agreement shall not be transferred or assigned by Buyer
without the prior written consent of Seller.
12.
GOVERNING LAW - The parties agree that this Agreement shall be governed
in all respects by the laws of the State of Minnesota.
13. TIME OF ESSENCE Time is of the essence in this Agreement.
14. BINDING EFFECT This Agreement shall inure to and bind the parties hereto
and their heirs, legal representatives, successors and assigns.
15.
SEVERABILITY ~ The provisions of this Agreement shall be severable and the
invalidity or unenforceability of anyone or more of the provisions of this
Agreement shall not affect the validity and enforceability of the other provisions.
16. HEADINGS Headings are for reference purposes only and shall not be
considered in the interpretation of this Agreement.
17. EXPIRATION OF OFFER - Buyer's offer is valid until 5:00 PM on Friday,
October 31 st, 2005 at which time it shall expire.
IN WITNESS WHEREOF, the parties have set their hands the day and year first
above written.
SELLER BUYER
City of Monticello.
Visicom Inc.
By
By
Date
By
By
Date
Date
C:lwindowslTEMPlVisicom _Option _ Agreemnt_River Terrace _ L005 _I 0192005.doc
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OPTION AGREEMENT
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C:lwindowslTEMPI Visicom _Option _ Agreemnt_ River Terrace _ LOOS _10 19200S.doc
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Council Agenda: 11114/05
13.
Consideration of a reQuest for snow removal from Dublic sidewalk on Chelsea Road
from Sandberl!: Road to TH 25.
A. REFERENCE AND BACKGROUND:
A snow and ice removal policy will be coming before the Council at either the second
meeting in November or the December meeting. This request should be considered in
conjunction with the snow removal policy.
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Council Agenda -1l/14/2005
14.
Consideration to Authorize for Advertisement for Street Suoerintendent Position From
Within Existin!!: Staff of Emolovees.(J.S.)
A. REFERENCE AND BACKGROUND:
Roger Mack, the current Street Superintendent for the City of Monticello, has recently tendered his
resignation for retirement effective at the end of the day on January 31,2006. Upon his retirement
Roger Mack will have served the City and its citizen's for 36 years in the Public Works Department
with over 26 of those years serving as the Street Superintendent. When Roger started \vith the City
of Monticello, 1-94 was only in the planning stages.
In anticipation of Roger's retirement the issue of replacing him was brought before the Personnel
Committee consisting of Mayor Herbst and COlillcilmen Posusta and City Administrator Wolfstcller.
The suggestion of advertising for his replacement within the existing workforce was discussed and
recommended by the Personnel Committee.
B. ALTERNATIVE ACTIONS:
I. The first alternative would be to authorize City Staff to advertise for the position of Street
Superintendent within the existing City workforce.
2.
The second alternative would be not only advertise from the existing workforce but to also
advertise to the general public.
C. STAFF RECOMMENDATION:
It is the recommendation of the City Administrator, Public Works Director and approved by the
Personnel Committee that the City Council authorize advertising for Mr. Mack's replacement trom
existing staff of employees currently working for the City of Monticello.
D. SUPPORTING DATA:
A copy of the retirement letter trom Roger Mack.
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MONT1{'FLUJ
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to J
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John
Public
DinXl0r
Mack.
Supcrilltelldcnl
Retirement
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'v1ol1llc:cllo will be
my
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u
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15.
Council Agenda: ] l/J4/05
Consideration of a request for a conditional use permit for a detached accessory
structure in an R-4 residential district. Applicant: Kiellberl!:'s Inc.
A. REFERENCE AND BACKGROUND:
Since the City has not received any plans from Kjellberg's, staff is recommending that the
request for a conditional use permit for a detached accessory structure in an R-4
residential district be denied. '
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16.
Council Agenda: 11114/05
Consideration to aoorove the final olat and develooment agreement for Carlisle
Village 3'd Addition. (JO/AS)
A. REFERENCE AND BACKGROUND:
Council was asked to consider approving the rezoning and final plat of Carlisle Village 3rd
Addition at its previous meeting. The Council had indicated that due to the erosion control
issues occurring in othcr areas of Carlisle Village, they were uncomfortable approving another
phase of development. The proposed Carlisle Village 3rd Addition is an R-2A single-family
residential development consisting of9 units along the 85th Strect NE cul-de-sac.
The utility and grading work for this phase was completed with work in the 1 sl Addition. The
developer is seeking approval for a final plat for this 9 lot area to allow curb and street to be
completed this fall.
As Council is aware, the developer has been sent notice to correct existing erosion control issues
within the development. The developer has been working with their consulting engineer and on-
site contractors to correct erosion control issues. WSW s on-site development inspector has
completed a list of erosion control measures that the developer was to complete in this regard.
That list is included as supporting data. As noted on the list, progress has been made in
addressing items including silt fencing and inlet and pond protection. The Building Department
has also been diligent in issuing "stop work" orders where builder-installed erosion control
measures are not in place.
Additionally, City statf directed the consulting forester to re-inspect tree preservation fcncing in
the 41h Addition, prior to utility work in that area of the plat. It was found that a substantial
amount of fencing was down or missing. A list was prepared and submitted to the developer,
who acted immediately to have the contractor re-install the fencing. Prior to work in the 41h
Addition, expected next week, the fencing will be re-inspected by the City Engineer, who will
also be on-site to inspect joint trench location in relationship to tree preservation.
A pre-construction meeting was held for the 4th Addition, at which time the developer indicatcd
they would be curbing and paving a portion of 4th Addition streets and utilities. With the
approval of yd Addition, the developcr indicated it was their intent to also curb and pave the 3,d
Addition at that time. Staff have remaining concerns that as the curbing contractor will not
warranty any work completed this late in the year, it may be premature to allow curbing and
paving in the 3'd and even 4th Addition. The developer has indicated that she is willing to curb
and pave these areas in order to move forward with building permits this fall, with understanding
that it may need to be torn out and replaced in the spring. As noted on the attached finance plan,
the City does hold a letter of credit to ensure the work is done properly and to City standard.
The developer will not receive building permits, per ordinance and development agreement
standards, until street construction is complete and all erosion control measures are in place.
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Council Agenda: 11114/05
The same supporting documents, including the finance plan summary and final plat, have been
attached, should Council choose to approve this plat. You will note that utility fees associated
with City costs to serve the area amount $51,431.24. This amount includes a special assessment
for the Mcadow Oaks Bypass project
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
$8,726.87. Total construction costs to prepare the 9 unit development amount to $35,559.75, as
grading and utility work has been completed. A letter of credit in the amount of $44,449.69 will
be provided as surety, which 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 Ictter of credit. The City will retain at least $40,004.72 until the project is
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 rear yard sodding in ponding areas. The developer will also be required
to provide a $7,980.00 letter of credit maintenance of erosion control measures. These letters of
credit can be reduced with the approval of the City Engineer.
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.
B.
ALTERNATIVE ACTIONS:
I. Motion to approve the Carlisle Village 3rd Addition final plat, subject to the conditions
for building permit, erosion control and street and curb repair as noted in the staff report,
and to approve the Carlisle Village 3rd Addition development agreement.
2. Motion to deny approval of Carlisle Village 3rd Addition final plat and development
agreement for reasons to be determined by the City Council.
C. STAFF RECOMMENDATION:
Due to the statutory 60-day requirement that the City take action on this request, the City Council
must act to approve or deny this request. unless the developer indicates a waiver of the time
limit. Staff believes the developer is working to act on the identified erosion control and tree
preservation issues (and in fact, has completed a majority of the requested work). It is
recommended that further development of the 3rd Addition be allowed to continue 'with installation
of curb, road surface if weather permits as defined by the City Engineer. Also, it is important that
all recommendcd erosion control and tree prcservation measures are in place in all relative areas of
the plat prior to further work on 3rd Addition.
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Council Agenda: 11/14/05
D.
SUPPORTING DATA:
Carlisle Village 3cdAddition Finance Plan
Carlisle Village - Erosion Control Issues
Carlisle Village 3H1Addition Final Plat
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From: Erick Francis [efrancis@wsbeng.com]
Sent: Tuesday, November 08, 200510:10 AM
To: Shibani Bisson; Angela Shumann
Subject: Carlisle Village erosion control
Carlisle Village Erosion Control Issues,
I think that Lucinda is starting to make more of an effort clean up her site. I have recently been in
contact with Lucinda and mentioned to her that there are some issues that we need to have taken
care of before the winter freeze.
They are as follows:
. Protecting the pond at the entrance of the site, there has been silt fence down and
exposed soils, sediment deltas and erosion gullies into the pond for most of the summer,
I have pointed this out to her again in my most recent report.
. Protecting the wetlands # 9 and # 4, the silt fence has been run over on # 4 from recent
excavations and the protection on # 9 is old and weathered, there is some vegetation
growing around # 9 but I am sure that with all the active building in the area the soils will
be disturbed again sometime soon and the wetland will need protection.
. The exposed soils on the east end of the site by the bike trail, the soils need to be
stabilized, I know the City has also looked at this issue but I have seen no progress there.
. Keeping the streets clean, I have noticed in the last few weeks that the streets have
been noticeably cleaner and people hand sweeping the streets, they are not perfect but I
have seen improvement
. Maintaining inlet protection, they have been recently been maintained, there are still a
few catch basins that have no protection and I have pointed them out to Lucinda.
. Providing a concrete washout area, I have not seen one on site all year. There are
small piles of concrete everywhere through out the site.
. There needs to be a way for Lucinda to hold the individual Home Builders
accountable for there erosion control. Perimeter protection, leaving debris and stock
piles in the street, no stabilized access point to the home, garbage etc. The individual
home builders are the biggest cause of erosion problems on the site.
Earlier this year we did send a letter to Lucinda stating that some of these very same issues were
to be take care of with in a certain amount of time or we would be contacting the MPCA about the
condition of her site. Lucinda completed most of the list we had assembled for her. She did install
the inlet protection; she cleaned out the larger sediment delta in the pond and also installed
perimeter protection, sod and silt fence.
Erick Francis
Water Resources Group
WSB & Associates
701 Xenia Avenue - Suite 300
Mpls, MN 55416
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CARLISLE VILLAGE 3rd ADDITION
SUMMARY OF EXPENSES/FINANCE PLAN
11 of I> Phases V5
26-Oct-05
Total Acres in Development
ecres in Phase
nits in Development
78 gross net
2.66 gross 2.32 net
231
Single Family
Townhome
9 Single Family
o Townhome
Total Units in Phase
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
o
1.87
Land dedication based on density (formula below)
1 acre per 75 persons
2.5 multi family, 3.5 single family x unit count
Divide by 75 for acreage required.
$1,500
9
$13,500.00
$248
9
$2,232.00
Special Assessments
Little Mountain Booster Station
Meadow Oaks Bypass
$1,947
$2,228
$1,752
Increased 4% for inflation from $1872
_ee ( General overhead and Admin)
n Control
ocate Fee
Legal
Planning
Engineering and Inspection (Streets/Utilities)
Engineering and Inspection (Grading)
Annexation Fee (if applicable)
Soils Testin fRoad Com action
2.00%
$500
$60
0.50%
0.50%
7.00%
3.00%
$641.20 Flat rate; no reconciliation at project completion
$4,500.00 Escrow deposit per unit
$540.00 Flat rate; no reconciliation at project completion
$160.30 Reconciled at project completion
$160.30 Reconciled at project completion
$2,244.18 Reconciled at project completion
NIA
NIA
$480.90 Reconciled at project completion
9
9
Sanitary Sewer
Watermain
Storm Sewer
Roads, Driveways and Sidewalks
Complete
Complete
Complete
$32,059.75
Conservation Easement Posts $200 7
Lot Comers/Iron Monuments $300 9
Total Construction Cost for the purpose of calculating LOC
$1,400.00
$2,700.00
Maximum allowable reduction prior to acceptance and bond 90.00%
Grading Cost (used to calcualte City fee above)
$40,679.72
Com lete
$3,990.00 LOC per acre - RESTORATION ONLY
$35,000.00 $200 per tree, 2 per lot, 4 per comer lot. R-2A @ $3500
$7,000.00 7 lots at$1000 per lot
$1,000
7
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EMERALD HEIGHTS (MONTE CLUB HILL)
SUMMARY OF EXPENSES/FINANCE PLAN
Phase 1 of 1
v5 - DRAFT
a-Nav-05
Total Units in Phase
10.21 gross 10.21 net
10.21 gross 10.21 net
o Single Family
26 Townhome
o Single Family
26 Townhome
Total Acres in Development
etal Acres in Phase
tal Units in Development
Land dedication based on density (formula below)
1 acre per 75 persons
2.5 multi family, 3.5 single family x unit count
Divide by 75 for acreage required.
$39,000.00 Unit charge
Possible reduction for trail connection.
1 Park Dedication Provided
2 Park Dedication Required
3 Park Dedication Deficiency
4 Park Dedication Deficiency as a percent of total
5 Prevailing Park Dedication $1,500 26
6 Net Park Park Dedication Required per Unit
7 Total Park Dedication Required
8 Pathway $248 26
9 Special Assessments
10 Fenning Avenue Reconstruction
11 Little Mountain Booster Station
12 Meadow Oaks Bypass
13 Sanitary Sewer
14 Watermain
15 Storm Sewer net acres
16mL
"
18 Per Lot Assessment based on (26 ) units
19
20
21 City Fee (General overhead and Admin)
22 Street SweepinglErosion Control 26
23 GPS Locate Fee 26
gal
lanning
Review and Inspection (Streets/Utilities)
27 Review 3.00%
28 Inspection 4.00%
29 Review and Inspection (Grading) 3.00%
30 Annexation Fee (if applicable)
31 Preliminary Plat Expense Reconciliation
32 Soils Testin /Road Com action
33 ;mi! Ill!
34
35
36 Sanitary Sewer
37 Watermain
38 Storm Sewer
39 Roads, Driveways and Sidewalks
40 Retainin Walls
41
42 ''',';fiiii!lIil!i
43
44 Conservation Easement Posts
45 Lot Comers/Iron Monuments $300
46 Total Construction Cost for the purpose of calculating LOC
./
48
.,
50 Maximum allowable reduction prior to acceptance and bond 90.00%
51 Grading Cost (used to calculate 3% City fee above)
",
53
54
55
56 Grading
57 Landscapin
$6,448.00 Unit charge
$41,21 L56
$58,265,90
$19,878,87
$22,747.88 Subject to change
$17,887.92 Subject to change
$59,687.66 Subject to change
$13,152.97 Flat rate; no reconciliation at project completion
$13,000.00 Escrow deposit per unit.
$1,560.00 Reconciled at project completion
$3,288.24 Reconciled at project completion
$3,288.24 Reconciled at project completion
Reconciled at project completion.
$19,729.46 Reconciled at project completion
$26,305.95 Reconciled at project completion.
$6,000.00 Deposit based on 40 inspection hrs and 30 review hrs.
4 times annual taxes due to County
$9,864.73 Reconciled at project completion
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17.
Consideration of approvinl!. final plat and development al!.reement - Emerald Heil!.hts
A. REFERENCE AND BACKGROUND:
As the City Council is aware, a development stage PUD and preliminary plat allowing the
development of a 26-unit detached townhome development was approved by the City Council on
September 8, 2003. Since that time, the developer has been reworking the grading plan and has
been making final preparations for development.
In the next few days, upon final plat approval, the Monte Club building will be removed and a
substantial number of trees will be logged off the site. In addition, trees located on adjoining
properties (Schultz east, and Spirit Hills, south) will also be removed to accommodate the grading
plan, which goes beyond the boundary of the site. Soon after that, a grading and mining operation
will commence. The amount of material proposed for removal from the site exceeds the original
estimate by a wide margin. The current final grading plan proposes removal of 136,000 cubic yards
of material, which will be placed in trucks and used in the construction of a portion of the
interchange. For perspective, this amount of material, if placed within the boundaries of a football
field, would be 76' high.
The original estimates for grading, on which the preliminary plat was approved, ranged from 20,000
cubic yards to 90,000 cubic yards. An estimated amount was provided at that time because the
grading plan was considered by the developer's engineer to be a work in progress.
.
Based on moving 136,000 cubic yards of material, it is estimated that it will take 6,800 belly dump
size trips to move this material. This is equal to 68 trips per day if spread equally over 100 working
days. The value of the material used for the interchange will offset the developer's cost of grading
and retaining wall development on the site.
The initial site grading/mining operation will commence at two locations. At the top of the hill, a
crater will be created which will allow material to be excavated, while containing runoff and thus
limiting erosion. At the bottom of the hill, the first tier of 8' retaining walls will be constructed.
Heavy silt fence will be installed in this area. Since this project is getting started past the time that
grass can be established, extra precautions will need to be made to prevent erosion.
The reshaping and lowering of the hill will have a dramatic affect on the appearance of the City's
namesake. The 45' high tree canopy will be gone and the terrain itself is proposed to drop by up to
28 feet. The grade of Fenning Avenue remains the same. The development will feature two
retaining walls that will become the dominant feature of the site until homes are constructed and
landscaping matures.
Attached you will find the fInance plan supporting this project. The finance plan is consistent with
other projects, but there are certain points worth mentioning.
1.
Park Dedication. The funds obtained through the park dedication fees total $39,000.
These funds are slated for park and trail improvements to the watertower park area. The
Parks Commission will soon be reviewing park concepts for the area. Tcntative pathway
and trail corridors for the site have already been staked. The goal is to develop the park
parallel to the build-out of the subdivision.
.
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2.
Fenning Avenue Reconstruction. The finance plan shows an assessment of$41,211 for
the property's share of the cost to reconstruct Fenning Avcnue. The developer has
requested that the City waive this requirement and instead, pass the expense to nlture
property owners in the form of an assessment to be paid at completion of a future
proj ect.
In cases wherc a pre-existing farm road serving the site needs to be reconstructed to serve new
high-traffic urban development, City policy has been that the developer is given the choice
regarding financing of road reconstruction. The developer can choose to upgrade the road at
their expense at time of developmcnt, or pay into a fund via an assessment against each parcel.
These funds are then used when the road is rcconstructed. Spirit Hills Townhomes and the
Hillside Farm developments have paid into thc Fenning Avenue reconstruction fund. Other
dcvelopments such as Hunters Crossings, Featherstone, Klein Farms and Nathan's Court have
contributed to collector road reconstruction funds which currently contain almost $500,000. It
is very difficult to assess the cost of collector roads against individual homes after they have
been constructed and occupied, due to the ditnculty of proving that the collector road
assessment is equal to the benefit or added value to the propcrty resulting from construction of
the road.
.
The developer proposes to provide a disclosure statement to homeowners saying that
developmcnt ofFenning Avenue will likely occur in the future and that they should expect to
pay an assessment for their share of the cost of the road ($41,211). According to the City
Attorney, the problem with the developer's approach is that providing a disclosure does not
accomplish the City's objective which is to eliminate the possibility that the homeowners could
challenge the assessment in the future. In addition, compliance with this special request could
set a precedent for other developments and could cause Hillside Farms and Spirit Hills
developcrs to question why they agreed to place moncy into a fund in lieu of immediate
rcconstruction of roads neccssary to serve their sites.
It sbould be noted that the tinance plan includes a requirement that the developer provide lettcrs
of credit in amounts sufficient to complcte construction of improvements and completion of
landscaping. There is also a letter of credit relating to restoration that can be used to restore
gronnd cover in the event tbe project stalls.
.
With regards to landscaping, the bid for landscaping came in at $92,800 and the letter of credit
will match this amount, which calculates out to about $3,500 per lot. It needs to be noted that
this level of investment in landscaping is less than the amount stated by the developcr's arcbitect
at tbe Planning Commission meeting on August 22,2005. At this meeting, it was reported tbat
extensive landscaping ($15,000 per lot) would be included, offsetting tbe impact oftbe number
and height of retaining walls. In speaking with Butch Lindenfelser about this discrepancy, be
noted that the original landscaping bid for the project was much higher than $3,500 per unit but
his final bid came in lower than expected. Skip Sorenson provided some clarification stating
that the $92,000 was for landscaping for the common area only. There is additional landscaping
for the private lots planned. It should also be noted that a detailed landscape plan was not
submitted with the preliminary plat application materials and was instead supplied directly to
the Planning Commission during a regular mecting. As such, staff did not have the opportunity
to review the plan in relationship to the Planned Unit Development.
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.
Engineering Concerns - Retaining Wall
The City Engineer has noted that a number of the retaining walls are located in easement areas
along the perimeter of the site. Typically, retaining walls are not allowed in such areas, as the
presence of the wall virtually eliminates the City's ability to utilize the easement. Therefore, the
plans need to be redesigned, or the City should allow the easements to be eliminated in areas of
conflict. According to the City Engineer, the conf1icts between retaining walls and easement
areas are resolvable but require some additional study. He has also noted that design
information for the retaining walls is incomplete therefore he is not comfortable granting
permission to grade until be is certain that the retaining walls will perform as intended.
Therefore, approval of the final plat at this time must be contingent on City Engineer approval.
Plat modifications
There are some housekeeping items relating to the final plat itself that need to be addressed as
well. Some of these are listed as follows.
. The streets should be given a lot and block number, they should not be labeled as outlots.
. Drainage and utility easements should be shown covering the entire street area.
. The development agreement should stipulate that each lot will be given an interest in their
adjoining private street. The legal description of their parcel will also reflect that interest.
For tax purposes, while each lot (including in this case, the streets) has its own PID, the
legal description of parcels governs tiL,( bills. For example, if the legal description of an
Emerald Heights parcel is "Lot 1, Block I, plus J!l6th of Lot J, Block 5", the property
owner is responsible for tax payment on that entire area.
B. ALTERNATIVE ACTIONS:
J. Motion to approve final plat and associated finance plan and to authorize placement
of signatures on the plat subject to completion of items identified in exhibit Z.
Under this altemative, the City Council approves the development and establishes a
funding program that requires developer to fund a share of F enning A venue
reconstruction per the current City policy.
2. Motion to approve the final plat and a modified finance plan eliminating the Fenning
Avenue assessment and to authorize placement of signatures on the plat subject to
completion of items identified in exhibit Z
3. Motion to table consideration of the matter until items identified in Exhibit Z are
completed.
4.
Motion to deny approval of the final plat based on a finding tbat the final plat
development is inconsistent with preliminary plat approval, due to grading/mining
plan resulting in excavation of 136.000 cubic yards of material.
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Under this alternative, the City Council could take the position that the plat and
associated PUD is not sufficiently consistent with the original plan and thus needs to
go back to the Planning Commission for a second review.
c.
STAFF RECOMMENDATION:
Staff recommends Alternative 3 and supports maintaining the current policy of addressing
road reconstruction needs created by new development at the front end of development of
subdivisions.
D. SUPPORTING DATA:
Emerald Heights Final Plat
Emerald Heights Finance Plan
Planning Commission Minutes of 8/22/05
Exhibit Z
City Engineer Comments
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MINUTES
MONTICELLO PLANNING COMMISSION - SPECIAL MEETING
MONDAY, AUGUST 22nd, 2005
5:00 P.M
Commissioners Present:
Commissioners Absent:
Dick Frie, Rod Dragsten, Lloyd Hilgart, William Spartz, and
Sandy Suchy
Council Liaison:
Glen Posusta
Staff:
Jeff O'Neill, Steve Grittman - NAC, Bret Weiss - WSB &
Associates, and Angela Schumann
I. Call to order.
Chairman Frie called the special meeting to order at 5:00 PM and declared a quorum, noting the
absence of Commissioner Suchy.
2. Consideration to apnrove the minutes of the regular Planning Commission meeting held Tuesdav.
August 2nd. 2005.
MOTION BY COMMISSIONER DRAGSTEN TO APPROVE THE MINUTES OF TUESDAY,
AUGUST 2"d, 2005.
.
MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED.
3. Consideration of adding items to the agenda.
Chairman Frie noted that the Upper Midwest Planner's Conference was being held in Minnesota
in September. Frie asked O'Neill if all Planning Commissioncrs could attend. O'Neill noted that
there may be some conferences, such as this, which would justify a request for the entire
Commission to attend. Frie asked O'Neill to check the budget in terms ofthe balance of the
Commission attending and report back in September.
Dragsten inquired about the status of the public hearing for Landmark Square. O'Neill noted that
the applicants did not make their submittal deadline for the special meeting and wcre comfortable
with moving the continued hearing to the September meeting.
4. Citizen comments.
IL\'~
NONE.
5.
Public Hearing - Consideration of a request for Conditional Use Permit for a Development Stage
Planned Unit Develonment, and Preliminarv Plat for Highland Villas (formcrlv known as Monte
Club Villas), a 14.18 acre residential development. Applicant: L & G. LLC
.
Frie asked inquired whether ifthe Commission takes no action on item five for the preliminary
plat and PUD, then the rezone and comp plan amendment as item 6 would not need consideration.
O'Neill and Schumann confirmed that the report was written such that the rezone and comp plan
amendment should only be considered if the Commission recommended approval of the plat and
PUD.
Planning Commission Minutes 08/22/05
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Chairman Frie inquired whether the item was a public hearing, as it was not noted as such on the
agenda. Schumann confirmed that it had been noticed as a public hearing; the item required the
public hearing.
O'Neill presented the staff report, stating that it terms of a comparison of the development stage
plan and plat to the concept plan, the general layout of twenty six units remained in the same
configuration, with same general circulation pattern. O'Neill reported that there are two tiers of
townhomes, each served by an access road. The development includes private drives featuring a
change in elevation with perimeter retaining walls. O'Neill indicated that in order to proceed with
the development in this arrangement, there would be a net reduction of material on the site and
most of the trees would be removed. O'Neill stated that while the plan layout is consistent with
the concept, the construction plans have changed, most significantly the grading plan.
O'Neill reported that staffs primary concerns include the design of retaining walls, the density of
landscaping, and the road width of private drives. In this project, it is important that staff and the
Commission have a clear understanding ofthe retaining walls and grading on the site. In most
circumstances where project land is relatively flat, the Commission can approve a preliminary plat
with a final grading plan to be approved by the City Enginecr. O'Neill stated that this project is
slightly different due to topography, although that option is still available.
From a staff standpoint, O'Neill stated that the due to the nature of the development stage PUD
and the project site's prominence in the community, staff believes this project warrants more
review, particularly relative to adequate time to review site development plans. O'Neill reported
that staff recommends tabling, but that other options have also been provided to the Commission
should they choose.
.
City Engineer Bret Weiss explained that there are significant challenges associated with the site.
The sitc, as designed, has an extensive amount of high retaining walls. Weiss noted that although
the project engineers have made some changes to eliminate 20 foot retaining walls, they have cut
about] 6 feet of height from the hill. Weiss stated that the slopes are also difficult, at 10%, which
while different from other projects, is inherent to this site. Weiss eXplained that the bottom
perimeter of the project is wrapped with retaining walls, noting that from an appearance
standpoint, the Commission will need to consider ifthis is acceptable. The engineering of the
storm water is also another issue. In response to a question from Posusta regarding the material of
the retaining walls, Weiss stated that he is unsure about the matcrial and indicated the City would
need to be assured of its structural integrity in terms of resisting pressure.
Weiss stated there is a pretty significant mining operation involved with removing the proposed
amount of material from the site. There may bc other options. Weiss stated that he is also
concerned about Fenning Avenue and culting down the top of that hill. Weiss indicated that
culting the hill down will pose problems for getting this site access. Weiss stated that the excess
grading will result in a signiticant change to that site. Commission will need to consider what it
will look like and how it will function.
O'Neill referred to the project's transition to City parkland and connecting trails. O'Neill
eXplained that staff will have to look at the ultimate locations where trail connections can be made.
Weiss responded that they do have one good point. The remainder of the site has retaining walls
which prevent connections. Weiss also explained that the site will sit up above the park in most
instances.
.
Posusta stated that they are still showing a sidewalk on south side of Stone Ledge Court. Posusta
asked if it was at the architects request or staffs request that appeared on the plans? Weiss
responded that staff did not request two connections. O'Neill stated that they haven't look at the
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Planning Commission Minutes 08/22/05
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topography to determine the final connection point, although the cul-de-sac is the hest point from
statTs perspective. Posusta stated there may be a problem with that connection as there may be no
place to put snow. Project engineer John Bogart commented that there a variety of options and
that an association will maintain and clean the sidewalk.
Posusta asked about the 90,000 cubic yards of material that is proposed to be moved off-site.
Bogart responded that they will be moving it otT site and that they are still in preliminary planning
phase. They are adjusting the grading plan to see where the balance point is between the cost of
moving dirt and the hcight and cost of retaining walls. Bogart reported that other areas need the
dirt, and they have explored the option of selling it to those places. Posusta stated that his other
concern is what the material of the retaining walls will he.
Spartz asked the applicants to elarify the actual size ofplantings on the landscape plan, as they are
shown as "existing". Spartz noted that this causes some contllsion as a majority oftrces are
proposcd to be removed.
Chairman Frie open cd the public hcaring.
.
Butch Lindenfelser, 7973 Jelger Avenue, applicant and property owner, read a brieflettcr to the
Commission, rcviewing the project's goals. Lindendelser stated that the project is designed as a
PUD with numerous amenities. Thc development would be association maintained, but with the
advantage of owner control. All homes would be walk-outs with landscaping and irrigation,
tlower garden and picnic area, and wired technology. The association by-laws are mandatory.
Lindefclser indicated that as propcrty owners, he and his sister had decided to develop the
propcrty. They had spent six months researching the type of product to sell. Lindenfelser
reported that 50% of the proposed units have been orally reserved, with the majority of futurc
residents from the area. Lindenfelser stated that his second goal was to contract locally for
services, including architectural. lending, marketing, construction, etc. Lindenfelser stated that
thcy would be holding a neighborhood meeting with adjacent residents of Monticello Township,
Spirit Hills, and Cardinal Hills. They would present the product, the many amenities, and the
proposed schedule at that time. He stated that the goal is to begin construction in Septcmber with
modcls available in 2006. Lindenfelser stated that he is asking for approval of the project as
submitted.
Project engineer John Bogali, Bogart Pedcrson and Associates, addressed the Commission. He
explained that as staff had noted, this is a unique project within the Monticello area and that it is
important to get it right. He noted that they are working within a tight timeframe and they are
changing things as quickly as possible to accommodate the comments of statT. ncighbors and the
County. Having said that, Bogart explained that the look of the project will stay the same. Bogali
stated that there will be retaining walls, although the exact height isn't known at this time. They
are also removing a sign incant amount of dirt from the site. Bogart stated that they are removing
the di'i in order to make the connection with renning.
Bogart stated that a number ofthe points made by Weiss and WSB engineers in their comment
letter have been addressed in a response letter. Bogart eXplained that at this point, this is a
preliminary development plan and it is equivalent to a preliminary plat. Bogart stated that he has
spoken with Maplewood Development and adjacent property owner Ken Schultz. They have an
agreemcnt in principal to remove additional dirt in order to provide full bascment walk-outs.
.
Bogart referenced the retaining walls, stating that they are working with a local contractor on thc
product. Bogali stated that he belicves they are attractive. As far as sidewalk, Bogart indicated
that they arc willing to work with the City on thc final alignment. They are also working with thc
landscape architects to make that determination. nagart confirmed that snow removal \vould be
,
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Planning Commission Minutes 08/22/05
completed by the association.
.
F rie inquired about the amount of landscaping on site. Skip Sorenson, project architect, indicated
that they wou Id be spending about $15,000 per lot on landscaping. Sorenson reported that
landscaping would be extensive.
Sorenson, of Pope Architects, provided an update on the retaining walls. Sorenson stated that a
soils engineer had reviewed the entire site and found it was sand. As such, the soils engineer also
indicated that the walls proposed can handle the pressure. They are trying to do walls in heights of
8 feet. By doing so, these walls will withstand lateral pressure. Sorenson stated that they would
landscape all elements of the wall with both deciduous and evergreens plantings. The association
will be responsible for maintaining those plantings. Sorenson referred to the "pocket park",
stating that it would feature a heavily landscaped perennial garden. The units will also have a
number of ornamental trees as well as Sugar and Norway Maples. Sorenson said that the
boulevard will include tree plantings at a minimum of 3" diameter, provided by a nursery in town.
Sorenson eXplained that all residents would have completely sodded and irrigated lawn with
border landscaping on all sides. Sorenson stated that the intent is to forest the site as much as
possible.
Sorenson commented on the design of the units, stating that they are intended to provide single
floor living, customized to the buyer's wishes. Each unit will have a three car garage with
decorative carriage doors. The unit exterior will be cottage-style with hard i-plank siding in
various colors. Sorenson reported that the square footage on the first floor is 2000 square feet,
with potential to finish 1700 on lower level.
.
Spartz askcd Sorenson to address the "existing" notation on the landscaping plan. Sorenson stated
that they would not be existing trees, although wherever they can retain existing trees, they will try
to do so. Sorenson stated that for some reason, the actual sizes planned did not transfer to
landscape plan.
Mary Lou Psyk, stated that if it was built as a hill, why would the City allow it to be graded
down. Bogart answered that he would like to keep it as much of a hill as possible. Bogart
stated that the primary issue is Fenning Avenue and the access issue. As it is, they are trying
to kcep as much height as possible. Bogart indicated that he bel ieves they are at their best
compromise, without creating safety issues. He noted that if we do not provide for a landing
or bench for people to safely stop, then we could perhaps achieve higher heights.
Psyk asked for clarification about the project size, as the most recent notice stated the project
was 14 acres and the first notices said 10. Bogart and O'Neill confirmed it to be 10 acres.
1 '-\ ~
Perrault stated his concern about what the project would ultimately look like. Perrault
questioned any tree preservation, given the removal of that much dirt. He also noted safety
concerns.
Frie asked about the County's role to this point with Fenning Avenue. Bogart stated that it is
currently a City and Township road, but it has been identified in long-term County plans to be
upgraded. He statcd that they will look again at grading plans to accommodate the lowering
of Fenning. Frie asked ifthc County can come along later and change plans. Weiss stated
that the County doesn't have any rights to the road at th is point, thc City is asking the
developers to design the road to make it work with the County's proposed standards.
.
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Planning Cammissian Minutes 08/22/05
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Pasusta stated that the City is already daing this dawn by the schaal. He inquired whether
lawering the speed wauld change the curve. Bagart stated that they cauld address that in
final design. Weiss stated that while no. ane likes to. take the hill dawn, there may nat be a
physical way to. develap the site with aut daing sa, ather than caming in fram a different
lacatian.
Frie asked Bagart to. address the engineer's camment letter. Citing the number af camments,
he inquired whether the City was ready far this praject with sa many questians. Bagart
explained that they had received the camments an Friday afternaan and had warked to.
provide their respanse, which they had just given Weiss.
Hearing no. further camment, Chairman Frie c1ased the public hearing.
Hilgart asked abaut staffs recammendatian in respanse to. Stane Ledge Caurt street width.
Marge Free, engineer with Bagart Pedersan, stated that the width had been addressed and
adjusted.
Hilgart asked if they wauld go. to. the September meeting far final plat ifappraved by the
Cauncil this evening. O'Neill canfirmed this schedule.
.
Frie asked staff ifthey wauld have an appartunity to. review the project engineer's respanse
letter befare gaing to. Cauncil. Weiss stated that he had laaked through it briefly and nated
that they can work through thase issues. Hawever, Weiss restated that it is critical far the
Cammissian to. have a gaad understanding afwhat the site willlaak like at campletian.
Weiss stated it is impartant, sa that it laaks like what thc Cammissian thaugh it wauld laak
like in terms afthe cutting afthe hill and retaining walls. Weiss stated that as lang as
Cammissianunderstands that, the engineering details can be warked thraugh.
O'Neill nated the lack af detail present an the landscaping plan, explaining that it has an
impact an haw it willlaak. Fric asked Sarensan to. respand to. thase cancerns. Sarensan
stated that the develaper, architects and landscape architects are sensitive to. this. He nated
that it wauld be landscaped an all tiers. There wauld be a fence will be an tap afthe wall, it
will be arnamental and will be submitted to. staff far review and appraval. Sarensan also.
stated that each lat is featured to. maximize the views, as such, trees are lacated at each
carner. Bath shade trees and arnamental trees wauld be used in front. Sarensan restated that
there wauld be an extensive am aunt af landscaping in this project; three times the narmal
amount of any project in this community. Frie commented that as this is a higher quality
project, it is impartant that the retaining wall nat laak imposing. Frie asked Grittman's
opinian an this itcm. Grittman replied that while the product may be acceptable, the concern
was that the level af detail required by the PUD was nat pravided. The finish plan set needs
to describe exactly what grading, landscaping, etc. is gaing to. laak like. Grittman stated that
the cancern isn't necessarily over ultimate quality, as that determinatian can't be made
withaut final plans.
Dragsten indicated that he likes the praject averall. However, he noted that there are 40
engineering items to. be resolved, questions on the landscaping plans, space far visitor
parking, and other concerns. He nated that in a project like this, it is a concern to allow it to.
move on a fast track, in such a high visibility area, when in two. weeks, these issues could be
resolved. Ifthose questians were answered at that time, Dragsten indicated hc cauld see it
proceeding.
.
Frie asked ifthe special meeting is to. possibly get the project recommended with canditians
to the Cauncil. Frie wanted to. make certain that the City hadn't pressured the applicant to. a
5
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Planning Commission Minutes 08/22/05
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special meeting when the September meeting would have been adequate. Bogart answered
that much of the pressure is internal. Bogart referred to the delays for when working through
the park questions. He indicated that he had originally intended to have the project complete
this fall. Bogart stated that they still want to get started this fall, to get the dirt work done on
site and the erosion control in place.
Spartz agreed with Dragsten that although the conceptual layout is good, several issues
needed to be addressed. These included difficulty dealing with the grading of the site. Spartz
stated that he is not sure if there is a good way to deal with this at the time. He indicated that
he is also concerned about the grade of the yards and the drainage. Spartz stated that
sometimes fast tracking can hinder resolution of items like these. Spartz noted that this is a
prime piece of real estate and it will be important to get the details worked out.
Bogart agreed that this is the highest profile site in Monticello and that all are interested in
seeing project done right. Bogart commented that although they are talking about fast-
tracking, they believe they are on the right track. He noted that they need the ability to start
moving forward. Sorenson noted that one of the things will make this a good project is the
pre-solds.
.
Frie stated that they are not debating whether this will be a good project, but instead that
initially, the level ofdetail is not present with the presented plans. Frie noted that in pushing
PUD plans prior to complete detail, the City often ends up with project that don't meet its
standards. Frie stated that the Commission is totally supportive of project itself. Frie stated
that he fully understands where the applicant is coming from in terms oftimeframe. As such,
he asked if they could convince the Commission that tabling the item in order to resolve the
details that scem to be missing would dent their procedure.
Bogart responded that many details noted are inconsequential. Dragsten stated many are not.
Bogart eXplained that some need to be gone through, but many tend to be technical details.
Frie asked O'Neill and Grittman if adequate detail has been provided in the applicant's
responses such that issues can be resolved. O'Neill responded that staff and the applicant can
work out details, but the main question is lushness of landscaping and whether Commission is
comfortable with what has been described tonight.
'Wi'
Weiss stated that he doesn't have a problem with working with Bogart on the issues identified
in the engineer's letter. Weiss noted that he is concerned about grading it all this fall as
restoring it all this fall may be problematic. They also need to work through the road design
issues with Wright County.
Grittman reiterated his concern about the inadequate landscape plan. Grittman noted that the
plan presented is conceptual in nature. This PUD should be gauged on its amenities, which
will depend on landscaping. Grittman stated that while the architecture looks nice, the City
needs more information on details, such as the fence. Grittman stated that assuming that
Commission is comfortable with staff making those types of decisions, they can choose to
recommend it as such.
.
Posusta asked precipitated the name change. The developer did not provide a clear answer.
Posusta commented that perhaps the neighbors would find that taking out a restaurant and bar
and changing it to single family to be advantageous. Posusta stated that the Commission
should also keep in mind that the developer isn't going anywhere. He indicated that as a
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Planning Commission Minutes 08/22/05
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local, the developer is concerned about the project's perception and Posusta stated that he
doesn't think he'll "muck" it up.
Sorenson stated that they will come back to the Commission with a landscape plan before
work is commenced, subjeclto the Commission's final approval and recommendation.
Sorenson assured the Commission that the project will be brought into a human scale and
heavily landscaped.
Frie noted that this location is a focal point and is Monticello's signature spot. Commission
would like to be proud of having recommended approval. Frie asked Sorenson if, based on
how Council acts on these items, the developer would provide the landscape plan for the
September meeting. Sorenson confirmed.
MOTION BY COMMISSIONER HILGART TO RECOMMEND APPROV AL OF THE
DEVELOPMENT STAGE PUD AND PRELIMINARY PLAT FOR 26 UNITS AS
PROPOSED BY THE DEVELOPER, BASED ON A FINDING THAT THE
DEVELOPMENT REPRESENTS A SUPERlOR DEVELOPMENT PROJECT THAT IS
CONSISTENT WITlI THE GOALS OF THE CITY, SUBJECT TO THE FOLLOWING
CONDITIONS:
1. Normal park dedication requirements
2. The applicant provide more detailed information relating to landscaping, wall
construction, and other specifics,
3. The street \\iidth is increased to accommodate on-street parking in the 11011ncrn
section.
.
MOTION SECONDED BY COMMISSIONER SPARTZ.
Dragsten inquired what the process would be if the landscape plan is brought back, and the
Commission doesn't like it. Sorenson stated that Commission could condition their
recommendation bascd on both the review and approval ofthe landscape plan.
CHAIRMAN FRIE AMENDED THE MOTION TO INCLUDE THE STATEMENT "WHICH
WILL BE PRESENTED TO THE PLANNING COMMISSION FOR THEIR APPROVAL AT
THE SEPTEMBER PLANNING COMMISSION MEETING. "
Dragsten stated that it nced to be clear to the developer that what is shown on the plans is what
will be required to happen.
AMENDED MOTION SECONDED BY CO'vlMISSIONER SPARTZ.
MOTION CARRIED 4-0.
6. Public Hcaring - Consideration of a request for a Comprehensive Plan Amendment and Rezoning
from A-O to R-I for Ilighland Villas (formerlv known as Monte Club Villas). a 10.0 acre
residential development.
Applicant: L & G, LLC
.
O'Neill reviewed the staff report, explaining the comprehensive plan had indicated the area
of the Monte Club to be commercial, is it was assumed that the Monte Clnb would remain
indefinitely. The existing use is commercial. The rezone is necessary, as all land which
7
)1.\<\
Planning Commission Minutes 08/22/05
.
comes into the City is annexed first as Agriculture-Open Space. O'Neill reported that as the
plans presented indicate an R-l density, that zoning designation is appropriate.
Chairman Frie opened the public hearing.
Hearing no further comments, Chairman Frie closed the public hearing.
No comments from the Commission
MOTION BY COMMISSIONER DRAGSTEN TO RECOMMEND APPROVAL OF THE
COMPREHENSIVE PLAN AMENDMENT TO LOW DENSITY RESIDENTIAL AND
THE REZONING TO R-L SINGLE FAMILY RESIDENTIAL, BASED ON A FINDING
THAT THE PROPOSED LAND USE AND ZONING DESIGNATION ARE CONSISTENT
WITH THE SURROUNDING LAND USES, AND WILL REDUCE THE DEMAND FOR
SERVICES FROM THE EXISTING LAND USE PLAN.
MOTION SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED.
7. Adiourn.
MOTION BY COMMISSIONER SPARTZ TO ADJOURN AT 6:40 PM.
MOTION SECONDED BY COMMISSIONER DRAGSTEN. MOTION CARRIED.
.
.
8
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Exhibit Z
Conditions of approval of final plat and conditions that
must be achieved prior to commencement of
grading/mining operation.
I. Completion of necessary adjustments to Final Plat
2. Final approval of retaining wall and grading plan by the City Engineer.
3. Placement of signatures on development agreement.
4. Developer provides deposits, securities and letters of credit, association
documents and covenants as required in the development agreement and in the
form consistent with City standards.
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'VIONTlCELLO
November 9,2005
Jon Bogan, P.E.
Bogart, Pederson & Associates, Inc.
13076 First Street
Becker, MN 55308
Re: Emerald Heights Plan Review Comments
Dear Mr. Bogart:
.
City of Monticello staff have completed our review of the plans for the Emerald Heights
residential development. Review was based upon the nine (9) sheet grading, SWPPP,
and retaining wall plan set dated September 28, 2005, the thirteen (13) sheet street and
utility plan set revised September 30, 2005, with plan sheets 7, 8 and 10 revised on
October 24, 2005, and drainage calculations dated September 23, 2005, with calculations
revised October 24,2005. Our review comments are as follows:
Site Dimension, Final Gradin!!, Development & SWPPP Plan. Retainin!! Wall
Profiles and Detail Sheets.
Plan Sheet No.1 of 9
1. Vicinity map; add School Blvd., revise Jackson to Jason, CSAH 18 is north of
School/Jason.
2. Add City Project No.
Plan Sheet No.2 of 9
1. We understood that the northerly path would be deleted from the project per our
discussions on November I, 2005. If so, delete from plans.
Plan Sheet No.3 of 9
1. Contour lines between lots 4 & 5 on block 4 are not labeled.
2. Storm sewer line work on westerly ends of 86th and 87th Street Courts do not
show direction of flow. Add flow arrows.
3. Proposed 8' path east of Fenning Avenue shows class 5 surfacing. Longitudinal
grades in this area may lead to erosion issues. Consider bituminous paving or
overlaying path with topsoil and seed.
.
f 5 9-..
p':lgp1Af4
Monticello Cay Hall. 505 Walnut Street, Suite I, Montlcello, MN 55362-8831 . (763) 295-2711 . Fax; (763) 295-4404
Office of Puolic Works. 909 Golf Comse Rd., Monticello, MN 55362 . (763) 295-3170' Fax; (763) 271-3272
.
.
.
4. Grading plan indicates significant stormwater runoff is channeled over tops of
retaining walls. Runoff should ideally be intercepted and drained into storm
sewer before over-topping the walls. See notes for plan sheets 7 and 8.
5. Intercept stormwater surface runoff to prevent flowing over Fenning Avenue path.
6. Proposed grading on south end of project falls outside platted property lines.
Plan Sheet No.4 of9
I. Delete "R=20" text shown on lot 5. block 3.
2. Note 8' path along Fenning Avenue.
Plan Sheet No.5 of 9
I. The City recommends providing temporary sedimentation basins on this project.
2. See attached comments from WSB.
Plan Sheet No.6 of9
I. Notes - Revise note #12 to read"... with the current City of Monticello Standard
Specifications".
2. Construction Sequence Notes - Reference Monticello Standard Plate SOlS in note
#3.
3. Revise construction sequence per discussions at November 4, 2005 meeting.
4. Revise the first word in notes 10 and 20 from "Provide" to "Apply".
5. Storm sewer construction along Fenning Avenue may require concrete barrier
placement along edge of shoulder. This is not addressed.
Plan Sheet No.7 of9
1. Revise retaining wall alignments. Do not construct within drainage and utility
easements.
2. Grading plan indicates significant stormwater runoff is channeled over tops of
retaining walls. Runoff should ideally be intercepted before over-topping walls
and drained into storm sewer.
~. Fencing is required when wall heights are 4 feet or greater.
4. If fencing is stand alone type locate behind retaining walls. Plans currently show
the fencing on top of (attached) to the wall.
Plan Sheet No.8 of 9
1. Revise retaining waJl alignments. Do not construct within drainage and utility
easements.
2. Grading plan indicates significant stormwater nmoff is channeled over tops of
retaining walls. Runoff should ideally be intercepted before over-topping walls
and drained into storm sewer.
3. Fencing is required when wall heights are 4 feet or greater.
4. If fencing is stand alone type locate behind retaining walls. Plans currently show
the fencing on top of (attached) to the wall.
5. Add profile for retaining wall at SE corner of garage on lot 7, block 3.
Plan Sheet No.9 of 9
1. Provide current City of MonticeJlo Standard Plates.
2. Provide face-to-face dimension for typical sections of all streets.
Sanitary Sewer, Watermain, Storm Sewer & Street Improvements
Page 2 of 4
153
.
Plan Sheet No.1 of 13
1. Vicinity map; add School Blvd., revise Jackson to Jason, CSAH 18 is north of
School! Jason.
2. Add City Project No.
Plan Sheet No.2 of 13
I. We understood that the northerly path would be deleted from the project per our
discussions on November 1,2005. If so, delete from plans.
Plan Sheet No.3 of 13
I. Include Fenning Avenue alignment in plan view.
2. Remove hydrant quantities (shown on sheet 6).
3. Add 8" valve at south end of Fenning Avenue watennain.
Plan Sheet No.4 of 13
I. Revise alignment of sanitary sewer and watermain on 87th Street Court NE to
prevent utilities from being constructed under curb and gutter.
2. Revise watermain alignment and 8" valve location in cul-de-sac to provide wider
separation between bends. This will allow watermain to cross under retaining
wall at a 90-degree angle, and will allow for more room for the hydrant tee.
3. Add a casing pipe at locations where watermain passes under retaining walls.
4. Label 4.00% grade between PVI's @ 0+60 and 1+50.
Plan Sheet No.5 of 13
I. Delete "I" Irrigation Service Line" label (shown on sheet 6).
2. Note #1 states that stationing refers to street centerline; in actuality it does not.
3. Add "7.5' min. cover to top of pipe" note to utility profiles.
Plan Sheet No.6 of 13
I. Delete 8" plug and 8" tee from watermain on west end of 86th Street Court NE
(shown on sheet 3).
2. Install watermain through Outlot C and tap services into lots I and 2. Service
lines into lots I and 2 are too long.
Plan Sheet No.7 of 13
I. Include F enning Avenue alignment in plan view.
2. Provide right-turn lanes off Fenning Avenue to both 86th and 87th Street Courts.
3. Extend curb and gutter along both sides of 86th and 87th Street Courts to 10' off
Fenning Avenue edge of pavement.
4. Revise storm sewer at ends of 86th and 87'h Street Courts to prevent stormwater
run by at CB' s 102, ] 03, 112, and 113. Provide vane grates on these CB' s.
5. Storm sewer along Fenning Avenue is shown connecting to an existing MH in a
private street. Unless you have easements to proceed as shown, consider
connecting storm sewer to same existing storm MH that MH 104 connects to.
Plan Sheet No.8 of 13
I. Revise storm sewer at end of 87'h Street Court to provide sufficient capacity to
prevent stormwater from ponding at CB's 105A and 105B.
2. Provide pedestrian curb ramp from street to sidewalk at end of cul-de-sac.
Bicycles are anticipated to use the street per our discussion on November I. 2005.
Plan Sheet No.9 of 13
1. No comments.
Plan Sheet No. 10 of 13
.
.
Page 3 of 4
I 5 '--I
.
.
.
1. Revise storm sewer on 86th Street Court to provide sufficient capacity to prevent
storm water from ponding at CB's 109, 109A and lID.
2. Note #1 states that stationing refers to street centerline; in actuality it does not.
3. Add note "Field verify location of existing storm MH. Break into and connect at
elevation 991.11." and leader to end of proposed pipe from MH 104.
Plan Sheet No. 11 of 13
I. Provide current City of Monticello Standard Plates.
Plan Sheet No. 12 of 13
I. Provide current City of Monticello Standard Plates.
Plan Sheet No. 13 of 13
I. Provide current City of Monticello Standard Plates.
2. Provide face-to-face dimension for typical sections of all streets.
3. Boulevard grades on street sections shall be 4%.
Drainal!:e Calculations
1. See attached comments from WSB.
General Comments
1. Providing private utilities to lots on block 3 will require early coordination with
the affected private utilities (CenterPoint Energy, Xcel Energy. Charter
Communications and IDS).
2. It is our understanding that the necessary easements have been obtained from the
adjacent landowners to perform grading outside your plat to the south and east as
shown in the plans.
The City's engineering consultant, WSB and Associates, also reviewed the plans and
have provided us with their comments, which we are forwarding to you in attachment to
this letter. Please address all comments received and respond in writing to both the City
and WSB by stating the course of action taken in response to the comment. In instances
of redundant or overlapping comments, please respond to both the City and WSB.
Should you have any questions or concerns regarding any of the enclosed comments,
please contact the author of the comment.
Sincerely,
~u~.s
Bruce Westby, P.E.
City Engineer, Monticello
cc:
Jeff 0 'Neill, City of Monticello
J olm Simola, City of Monticello
Bret Weiss. WSB and Associates
Page 4 of 4
ISS
.
.
.
November 9, 2005
Mr. Bruce Westby
City of Monticello
505 Walnut Street Suite #1
Monticello, MN 55362
Re: Street & Utility, and Grading Plan Review
Emerald Heights
L & G, LLC
City of Monticello Project No. 2005-35P
WSB Project No. 1627-14
Dear Mr. Westby:
We have completed our review of the Emerald Heights project plans. This review is based on
grading plans dated September 28, 2005: street and utility plans dated October 4,2005; revised
sheets 7, 8 and IOdated October 24, 2005; and stormwaterreport dated October 24, 2005. We offer
the following comments:
Site Dimension, Final Grading, Development & SWPPP Plan. Retaining Wall Profiles and
Detail Sheets.
Sheet 1 of 9
1. Label City Project No. 2005-35P.
2. Include an Existing Conditions plan sheet.
Sheet 2 of 9
1. The path south of 87th along Fenning Ave. should be located I' from property line.
2. Work with the Parks Department to determine location and number of pathways through
site. Connect paths on east side of site (or as directed by City Parks Department). Consider
removing the north pathway as discussed on 11/01/2005.
Sheet 3 of 9
I. Try to maintain minimum backyard depth of 30-feet on Lot 7, Block 3.
2. As discLlssed at our meeting on 11/01/2005, the 2-3 foot area between path and street is too
narrow to etfectively establish and maintain grass. Consider widening this area.
3. Extend the curb to property line and beyond adjacent to Fenning Avenue.
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Mr. Bruce Westby
November 9, 2005
Page 2
.
1.
.
2.
,
~.
4.
5.
.
4. Add landing areas on pathway in attempt to meet ADA requirements for slope. Indicate
truncated domes with detail for construction on pathway adjacent to street crossings.
5. Add a drainage swale to a catch basin or other means of collecting water before it flows over
the walls for lots in Block 3 and Block 4.
6. Show screened sanitary sewer and water locations on grading plan for reference.
7. The maximum slope allowable between buildings is 4:1. Please revise plans accordingly.
8. Clearly indicate the walkout locations and elevations on the proposed homes.
9. Address future plans for drainage on the south and east boundaries of the project to facilitate
drainage off site. Obtain drainage easement from adjacent property owners downstream of
the subject site if drainage is to remain flowing through other parcels.
10. How will drainage trom Spirit Hills Single Family be accommodated? This area will need to
be filled in the future to create lots.
11. Drainage from the 86th Ct. entrance should be directed north to the ditch along Fenning
Avenue, not the south.
Sheet 5 of 9
Add 7 geotextile logs or monofilament silt fence sections in ditch on west edge of property.
These shOLild be added on each side of the street entrances to the subject site. at the end of
the grading limits of the ditch to the north of the site, and intennittently throughout the ditch
approximately every l20 feet.
Provide Wimco inserts (or equal) at all catch basin inlets immediately after storm sewer is
installed. Provide detail of device to be used on the site.
Indicate location of rock construction entrances on plan sheet.
Arc Geotextile logs shown on plan in opposite direction to contain sediment behind logs.
Temporary sedimentation basins are encouraged to reduce sediment leaving site. See
subpart A, part III of the permit instructions for design guidelines. These facilities are
especially desirable on the subject site due to its steep slopes and its discharge into a
regional facility. If more than 10 acres of disturbed area drain to a common point, the
temporary ponds are required by the NPDES requirements. However, the MPCA advises
use of the temporary basins for any site with steep slopes. Furthermore. the City would like
to see the temporary ponding features utilized on this site and may require them during
construction if sedimentation leaving the site is deemed excessive by the City.
Sheet 6 of 9
1. Include all items needed for text portion of the SWPPP as outlined in permit instructions
(subpart A of part III), including the following items.
2. Identify responsible parties (with contact information), including owner, contractor and
person responsible for inspection recording.
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Mr. Bruce Westby
November 9, 2005
Page 3
. 0
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4.
5.
6.
7.
8.
1.
2.
0
J.
4.
. 5.
State the need for documented inspections and the frequency of erosion control inspections.
Identify disturbed area and proposed impervious surface to the nearest quarter-acre.
Place note on plan that contractor shall remove all sediment in pipes, ditches and regional
pond after construction as directed by the City.
Indicate schedule for placement of Geotextile logs in the construction sequence.
Consider reversing order of construction for items 13 and 14 in the construction sequence.
On item 21 of the construction sequence, designate that erosion control blanket should be
placed on all slopes 4:1 or greater.
Sheets 7 and 8 of 9
Show nearby water and sewer locations on wall profile drawings.
Retaining wall drawings to be certified by a licensed engineer and submitted to the City for
review prior to issuance of any construction permits for the site.
State type of block used for the wall and determine the corresponding maximum wall height
allowable using those blocks,
Fence is required adjacent to walls 4 feet or higher. Move fence off of wall LIDless the fence
is integral to the wall. Iffence is integral, include the fence on certified wall drawings.
Consider use of drain tile behind the wall or indicate other method to drain water from
behind the wall.
Sheet 9 of 9
1, Label all streets face-to-face of curb.
Storm Sewer Design Calculations
1. Use time-of-concentration of 10 minutes or justify 15 minute time-of-concentration,
2. Revise plan so capacity of pipes is greater than maximum rates for a 1 O-year storm (see
pipes between structures 109/1.-109 and 108-107).
3. Revise plans or report so pipe slopes are consistent between the two documents (see pipes
between structures 109/1.-109 and 106-105).
4, Revise grade and sizes of pipe to obtain a 1 O-year design velocity of 3-12 feet-per-second,
This will require staggering invert elevations of pipes at several manholes,
Sanitary Sewer, Watermain, Storm Sewer and Street Improvements.
.
General Comments
1. Label City Project No, 2005-35P.
2. Label all streets dimensions face-to-face of curb, not back-to-back.
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Mr. Bruce Westby
November 9, 2005
Page 4
. 0
~.
4,
5.
6.
7.
Show a key map or project location map on each sheet referencing the area the plan sheet is
referencing.
Revise all stom1 sewer for 10-year design storm velocities of 3-12 feet per second.
Show stationing in plan view on all profile sheets,
Address restoration work on Spirit Hills North development where utility connections will
be made in or nearby streets.
Special devices such as metal plates should be installed on storm sewer manholes with a
significant drop or high velocities to protect the life of the structure. Please provide details
and designate which manholes will have such devices.
8. Provide an overall plan sheet of the entire site referencing street / storm and sanitary / water
plan sheet numbers.
9. Use a minimum 0.5% slope inste4ad of 0.4% for 8" sanitary sewer to allow for adjustments
in the field.
Sheet 3 of 13
.
I. The only available storm sewer connection to the Spirit Hills Townhomes site is at the
structure on the SE corner of their site. The connection shown at the SW corner was not
accounted for. Re-route the storm sewer to the SE corner.
2. Show the Fenning Avenue road edge.
3. Add a valve south of 86th CT. at the stub.
4. Provide a detailed traffic control plan for constructing utilities along Fenning A venue (may
require the use of J barriers).
5. Watermain cover should be 7-1/2 feet from shallowest location,
6. Show the storm sewer crossings on the profiles.
7. Add a hydrant at the high point of water main for air release.
Sheet 4 of 13
I. Move the hydrant to the high point for air release.
Sheet 5 of 13
I. Extend watermain through Outlot C to loop the watermain and reduce the service lengths.
2. Watermain cover should be 7-1/2 feet from shallowest location.
3. Label the watermain on the profile view.
4. Avoid constructing the watermain under the walL otherwise a casing pipe will need to be
provided for the watermain.
.
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Mr. Bruce Westby
November 9, 2005
Page 5
.
Sheet 6 of 13
1. Move the hydrant to the high point of watermain for air release.
Sheet 7 of 13
1. Drain MH 111 to the ditch to the north,
2. Move the leader pointing to proposed grade in profile view to the correct location.
3. The watermain connection location will need to be coordinated with the Spirit Hills single
family site as it may need to be moved to the east.
Sheet 8 of 13
I. Extend curb lines to Fenning Avenue right-of-way and beyond.
2. Maintain at least 4 feet of horizontal distance between back of curb and walle
3. Watermain should not be located under wall or provide casing pipe for watermain under
wall.
4. Show detailed grade around cul-de-sac. Allowable grade is 0.5% min.on curb-line and 1 %
across pavement.
5. Label type of curb proposed.
/-
Sheet 9 of 13
1. Add 2 new catch basins to the south at approximate station 4-'-00 and 8+30.
2. Show storm sewer on profile.
3. Indicate proposed spot elevations around curb island in Outlot F.
Sheet 11-13 of 13
1. Use City detail plates in the current March 2005 City specifications.
Please contact me at 763-287-7190 if you have any questions or concerns.
Sincerely,
WSB & Associates, Inc.
,
Bret Weiss, P.E.
ph/skb
cc: Jon Bogart - Bogart, Pederson & Assoc.
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Mr. Bruce Westby
November 9,2005
Page 6
.
Jeff O'Neill- City of Monticello
John Simola - City of Monticello
Phil Elkin - WSB & Associates, Inc.
Shibani Bisson - WSB & Associates, Inc.
Paul Hudalla, WSB & Associates, Inc.
.
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Council Agenda: 11/14/05
18.
Consideration to Install AII-Wav Stop Siens at the Intersection of School Blvd. and
Cedar Street (City of Monticello Proiect No. 200S-C) (WSB)
A. REFERENCE AND BACKGROUND:
The City Council is asked to consideration installation of all-way stop signs at the intersection of
School Boulevard and Cedar Street as an interim condition prior to signalization. The attached
memorandum outlines the analysis of the existing two-way stop condition, as well as the all-way
stop and signalization of the intersection. The conclusions of the report found that the existing
intersection is operating at unsatisfactory levels of service and the installation of a traffic signal is
warranted and would provide the best benefit to the intersection operation. In addition, the report
found that installation of all-way stops could be used as an interim measure prior to signalization,
to help improve the safety and operation of this intersection in the short term.
Therefore, the proposed project that City Council is being requested to consider is the installation
of the all-way stop signs at the intersection of School Boulevard and Cedar Street, including
advanced Stop Ahead signs and all-way signs underneath each SlOp sign. In addition, staff is
requesting authorization to proceed with the design of the traffic signal system, including
discussions with Mn/DOT on the coordination ofthe traffic signal system at Cedar Street with the
existing traffic signal at TH 25. Money was escrowed from the Wal-Mart development and the
future development on the north side of School Boulevard for a traffic signal at this intersection.
The estimated material and installation cost for the all-way stop sign would be approximately
$400. It is assumed that City maintenance forces would do the sign installation. The estimated
cost for the design of the traffic signal system, including plans and specifications and
coordination with Mn/DOT, would be approximately $10,000.
AL TERNA TIVE ACTIONS:
I. Motion to authorize City crews to install all-way stop signs at School Boulevard and
Cedar Street including advanced stop ahead signs, and authorization ofWSB to prepare
plans and specifications for a traffic signal system at School Boulevard and Cedar Street
2. Motion to authorize City crews to install all-way stop signs at School Boulevard and
Cedar Street, including advanced stop ahead signs. (This alternative would postpone the
traffic signal design to a later date.)
3. Motion to not authorize City crews to install all-way stop signs at this trme.
C. STAFF RECOMMENDATION:
D.
.
The City Administrator recommends Alternative No. I. Authorizing City crews to install all-way
stop signs at the School Boulevard and Cedar Street intersection, including advanccd stop ahead
signs, and authorizing WSB to prepare plans and specifications for the traffic signal system at the
intersection.
SUPPORTING DATA
Staff Memo
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WSB
& Associates, Inc.
Memorandum
To:
The Honorable 111ayor and City Council
City of Monticello
From:
Bret Weiss, P.E., President
Chuck Rickart, P.E., P,T.O.E., Transportation Engineer
Date:
November 9, 2005
Reo'
School Boulevard at Cedar Street Intersection Analysis
WSB Project No. 1160-61
cc:
John Simola, Public Works Director
Bruce Westby, City Engineer
Rick Woifsteller, City Administrator
Jeff O'Neill, Deputy City Administrator
. Introduction
The City of Monticello, at their October 10,2005 meeting, requested that an analysis bc conducted
for the intersection of School Boulevard at Cedar Street in response to the increased traffic as a
result of the opening of the new Wal-Mart in the southeast quadrant of the intersection. The City
Council requested that an all-way stop or traffic signal be considered for this intersection. The
following sections of this memorandum outline the existing traffic conditions, a stop sign and signal
analysis, and conclusions and recommendations for improvements at the intersection.
Existine: Conditions
Traffic Volumes
24-hour tratIic approach counts and peak hour turning movement counts were conductcd on School
Boulcvard and Cedar Street. These counts were conducted on November 2 and 3, 2005. The
results of the traffic counts are as follows:
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School Boulevard at Cedar Street Intersection Analysis
November 9,2005
Page 2
.
Table 1: Traffic Volume Summary
Approach
School Boulevard
Eastbound west of Cedar SI.
Westbound east of Cedar SI.
Cedar Street
Northbound south of School Blvd.)
Southbound north of School Blvd.)
Avg. Daily
T raffi c
PM Peak
AM Peak
5,900
4,000
471
369
356
251
3,600
1,500
341
125
83
88
Intersection Geometries
School Boulevard, from just west of TH 25 through the intersection of Edmondson A venue, was
recently reconstructed to include a single lane in each direction, with a center left turn lane and right
turn lanes at major intersections. In addition, a raised concrete median was added for the length of
the project. At the intersection of School Boulevard and Cedar Street a left, through, and right turn
lane exists for both the eastbound and westbound approaches on School Boulevard, and a left turn
lane and combination through/right turn lane exists for the north and south approaches on Cedar
Street. Currently, the Cedar Street approaches to School Boulevard have a stop condition.
.
Intersection Control Analvsis
The traffic control at an intersection is critical to the operation of both intersecting roadways. If
incorrect traffic control is installed for the existing traffic conditions and topographic characteristics
of the intersection, unnecessary delay and crashes could occur. The traveling public, especially
persons not familiar with the area, typically drive based on instinct. Drivers subconsciously
evaluate their surroundings to determine what type of intersection control should or should not be
located at ,ill intersection approach. It is very difficult to determine what correct intersection
eontrols should be; however, several factors should be evaluated when determining interseetion
control. These include:
Traffic Conditions - Trame volume, speed of traffic approaching the intersection, the
number of turning vehicles at the intersection, and vehicle make up (i.e., trucks, buses, etc.)
Topographic Conditions - The grade of each approaching roadway, location and size of
adjacent buildings or structures, angle of the intersection, geometries (i.e., number oflanes),
and if a school or park is located near the area.
Human Factors - The age of drivers, how the driver responds to certain situations and
physical attributes of the driver.
.
Based on these conditions and factors. potential intersection control can be evaluated and
determined. Several techniques can be used to determine what kind of intersection control is
warranted at specific intersections. When developing an assessment of an intersection for all-way
stop or signalization, the traffic conditions and topography conditions can be used quite readily in
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School Boulevard at Cedar Street Intersection Analysis
November 9, 2005
Page 3
. the review procedure, The human factors are very difficult to define and evaluate as part ofthe
analysis procedure, Therefore, engineering judgment should be used when evaluating the human
factors of the analysis procedure.
This procedure in evaluating the need and location of all-way stops or traffic signal control can be
found in the Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD), The
requirements for each is discussed below:
All-Way Stop Sign Control
Warrant No. I, Where traffic signals are warranted and urgently needed, the all-way stop can be an
interim measure; or
Warrant No, 2, An accident problem indicating that five or more reported accidents per year,
correctable by all-way stop installation; or
Warrant No, 3. Vehicular volumes:
a) A total vehicular volume entered the intersection from approaches must average at
least 500 vehicles per hour for 8 hours of an average day; and
b)
The combined vehicular and pedestrian from the minor street or highway must
average at least 200 units per hour for the same 8 hours, with an average delay of
the minor street vehicular volume of at least 30 seconds per vehicle; however,
When the 85th percentile approach speed of the major street traffic exceeds 40 mph,
requirements can be reduced to 70%.
.
c)
Based on the criteria discussed above, the intersection of School Boulevard at Cedar Street would
justify all-way stop signs based on Warrant No, L The accident warrant or minimum traffic volume
warrant are not met at this intersection,
It should be noted that studies conducted throughout the country have concluded that installation of
stop signs where not warranted or justified, can cause additional crashes and create enforcement
issues for local officials, Studies have also concluded that the use of stop signs as speed reduction
measures has not worked. In fact. it has been found that speeds near intersections have actually
increased, In addition, if stop signs are installed at locations where they are unnecessary, the
traveling public, over time, will begin to ignore these signs,
.
Traffic Signal Warrants
Warrant No. lA,1I1inimum Vehicular Volume, is intended for application where the volume of
intersecting traffic is the principal reason for consideration of signal installation, This warrant is
met when, for each of any 8 hours of an average day, the traffic volume on the major street totals at
least 500 to 600 vehicles per hour based on number oflancs (total of both approaches); and the
minor street traffic volume totals at least 150 to 200 vehicles per hour, also based on the number of
lanes (sum of one approach only),
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.
School Boulevard at Cedar Street Intersection Analysis
November 9, 2005
Page 4
Warrant No. iB, Interruption of Continuous Traffic, applies to a condition where the tratTic
volume on the major street is so heavy that the traffic on the minor intersecting street suffers
excessive delay or hazard in crossing the major street. This warrant is met when, for each of any 8
hours of an average day, the traffic volumes on the major street totals at least 750-900 vehicles per
hour based on the number oflanes (total of both approaches); and the minor street traffic volume
totals at least 75 to 100 vehicles per hour, also based on the number oflanes (sum of one approach
only),
Warrant No, iC, Combination of Warrants, is met where no single warrant is met, but where
Warrants I and 2 are satisfied to the extent of 80% or more of the stated values.
Warrant No, 2, Four Hour Volumes, may be met when each of any 4 hours of an average day,
when plotted, fall above a specified curve in the MUTeD, Figure 4-7, The plotted points represent
the vehicles per hour on the major street approach (total of both approaches) and the corresponding
vehicles per hour on the higher volume minor street approach (one direction only). The lower
threshold volmne for a minor street approach with one approach lane is 100 vehicles per hOUL
Warrant No. 3B, Peak Hour Volume, is intended for application when traffic conditions are such
that for one hour of the day, minor street traffic suffers undue tramc delay in entering or crossing
the major street. This warrant is met when anyone hour (4 consecutive 15-minute periods) of an
average day falls above the curve, referenced in Warrant No.9 as Figure 4-5.
Warrant No.7, Accident Experience, is met when five or more crashes, of types susceptible to
correction by traffic signal control, have occurred within a 12-month period along with the
intersection meeting minimum vehicular volumes. A right angle crash is typically considered a
correctable crash. The attached crash investigation worksheet illustrates the total number of crashes
per year.
Based on the traffic volumes, crashes and roadway geometries. the intersection meets the
requirements for signalization based on the above warrants. The following table outlines the
requirements for each warrant and the number of hours the intersection meets each warrant.
Table 2: Traffic Signal Warrant Summary
Warrant Hours Reauired Hours Met
1A - Minimum Vehicular Volume 8 12
1 B - Interruption of Continuous Traffic 8 11
1 C - Combination of Warrants 8 13
2 - 4-Hour Volume 4 11
3B - Peak Hour Volume 1 9
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.
School Boulevard at Cedar Street lntersection Anal:ysis
November 9, 2005
Page 5
Traffic Analvsis
One of the primary issues with the traffic control for the intersection of School Boulevard and
Cedar Street is its interaction with the traffic signal currently located at the intersection of TH 25
and School Boulevard. This intersection is located approximately 450 feet west of Cedar Street.
The recent reconfiguration of School Boulevard through this area maximized the left turn storage
lengths for both traffic turning onto TH 25 and onto School Boulevard. In both cases, the amount
of left turn storage is approximately 250 feet. In order to determine how the proposed traffic
control would operate at the Cedar Street intersection and how it would interact with the TH 25
intersection, a capacity and level service analysis was conducted using the SYNCRO traffic
engineering software. The results of that analysis comparing the existing two-way stop with the all-
way stop control and the traflic signal control at the intersection is shown in Table 3.
Table 3: Traffic Analysis PM Peak
A roach
School Blvd.
Eastbound
Westbound
Cedar Street
Northbound
Southbound
B
A
LOS
B
B
155
75
C
C
The results of the analysis concluded that the existing two-way stop condition provides a Level of
Service (LOS) E condition for the northbound approach. The east and westbound approaches do
not currently have any delays and, therefore, are operating at an LOS A condition. With the
installation of an all-way stop sign, all movements would then be required to stop at the
intersection, thereby creating delays for the eastbound and westbound approaches. These
approaches would drop to LOS C and B for eastbound and westbound traffic, respectively. The
northbound approach on Cedar Street would improve to a LOS D. For both conditions, two-way
stop or all-way stop, all queue lengths are within the existing storage provided in the intersection.
No traffic backups would occur into the TH 25 intersection. With the installation of a traffic signal
system, all movements would bc operating at an LOS B, or better. Although the queue lengths do
not change significantly between the all-way stop and the traffic signal, the overall delays to all
approaches would improve.
Concl usions/Recommendations
Based on the traffic analysis and the warrant study for both all-way and traflic signal control, the
following conclusions can be made:
. The existing two-way stop condition operates at an LOS E for the northbound Cedar Street
approach during the PM peak hour.
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School Boulevard at Cedar Street Intersection Analysis
November 9, 2005
Page 6
· The all-way stop sign warrants are met for the installation of a stop sign as an interim
measure prior to signalization.
. Based on the traffic volume data, traffic signalization warrants are met for this intersection.
Based on the conclusions discussed above, the following recommendations are made:
I. Install stop signs on the School Boulevard approaches to Cedar Street. Also install a sign
under all stop signs in the intersection indicating all-way stop.
2. Install "Stop Ahead" signs for both approaches to Cedar Street.
3. Install a temporary "Traffic Control Change Ahead" sign on School Boulevard for both
approaches at Cedar Street. This sign should be installed for a minimlUll of two weeks after
the traffic control change has been implemented.
4. Begin conversations with Mn/DOT for the coordination of a traffic signal at School
Boulevard and Cedar Street, with the traffic signal at TH 25 and School Boulevard.
5. Prepare plans and specifications for construction of a permanent traffic signal system at the
School Boulevard and Cedar Street intersection in 2006.
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