EDA Agenda 07-27-2004
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AGENDA
MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY
Tuesday, July 27, 2004 - 4:00 p.m.
City Hall - Academy Room
MEMBERS: Chair Bill Demeules, Vice Chair Barb Schwientek, Roger Carlson, Robbie Smith, Clint
Herbst, Ron Hoglund, and Darrin Lahr.
ST AFF:
Treasurer Riek Wolfsteller, Executive Director Ollie Koropchak, Recorder Angela
Schumann.
GUESTS:
AI Loch and other Block 35 property owners.
Call to Order.
Consideration to approve the June 22, 2004 EDA minutes.
Consideration of adding or removing agenda items.
Consideration of notices received from some Block 35 property owners and consideration
whether to move forward or not move forward with the Block 35 improvements.
Consideration to define terms and conditions and authorize preparation of a draft copy of the
Development Agreement between the EDA and Block 35 Property Owners.
6. Consideration to approve authorization to execute a Satisfactory of Mortgage for GMEF Loan
No. 016 (Aroplax).
7. Other Business.
8. Adjournment.
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MINUTES
MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY
Tuesday, June 22, 2004 - 4:00 p.m.
City Hall - Academy Room
MEMBERS: Chair Bill Demeules, Vice Chair Barb Schwientek, Roger Carlson, Clint Herbst,
Ron Hoglund
ABSENT:
Robbie Smith, Darrin Lahr
STAFF:
Executive Director Ollie Koropchak, Recorder Angela Schumann.
GUESTS:
John Simola, Public Works Director, Al Loch and other Block 35 property
owners, Bruce Cochran, WSB, Inc.
1. Call to Order.
Chair Demeules called the meeting to order at 4:00 PM, declaring a quorum.
2.
Consideration to approve the June 15,2004 EDA minutes.
MOTION BY SCHWIENTEK TO APPROVE THE MINUTES OF JUNE 15l\ 2004.
MOTION SECONDED BY HOGLUND. MOTION CARRIED WITH CARLSON
ABST AINING.
3. Consideration of adding or removing agenda items.
Koropchak asked that the EDA consider authorization of execution of a satisfaction of
mortgage.
4. Consideration to review the revised Feasibility Study prepared by WSB, Inc. for
authorization to proceed with alley and plaza improvements to Block 35.
Koropchak referred to the Feasibility Study provided by WSB and Associates, which
identified options for reducing costs for the improvement project.
Cochran stated that each of the cost estimates reference specific items that WSB was
asked to address. WSB prcpared estimate options that climinatcd pavers in place of plain
concrete, aggregate concrcte or stamped/colorcd concretc. Cochrane also referred to
EDA Minutes - 06/22/04
prepared drawings for catch basins, enclosures and plantings.
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Koropchak inquired about removing private drainage connections. Cochrane stated that
the estimates include a cost share analysis for those items. Cochrane concluded that the
estimates are still above the threshold of the EDA budget of $145,000. There are also
indirect costs including bonding fees, land costs, etc.
Koropchak indicated that the storm sewer items should be a public cost.
Loch indicated that he had spoken with Karen Schneider about assigning costs based on
linear feet per land owner, rather than splitting evenly among property owners.
Loch inquired what the next steps would be in terms of the cost being over what was
desired. Loch inquired whether some of the costs could be assessed back. Herbst asked
Cochrane how close actual costs have been compared to estimates on other projects.
Cochrane replied that the estimate may be on the high side to build in a small
contingency.
Schneider discussed differences in the site from property owner to property owner.
Cochrane indicated that there are a number of different ways to assess, including some
that could account for those differences. He also indicated that just because a catch basin .
isn't located near a specific property, all properties benefit.
Schneider asked if it is a City sewer, how would future maintenance issues be handled?
Cochrane indicated that maintenance agreements or easements arc options. Schneider
asked why the system moved to the north. Cochrane indicated that they were trying to
avoid lowering alley more than needed, however, the catch basin can be moved to center
of the island. Overall, they are lowering the existing grade just under a foot, including
curb.
Larson inquired about the depth of pavement estimated. Cochrane clarified that there is
approximately five inches of bituminous figured in the estimate, which is at the thinner
end of the spectrum. Koropchak stated that John Simola is comfortable with that amount,
estimating a 25 year life.
Koropchak clarified that the only major difference in the estimates is in the plaza
surfacing. Herbst stated that catch basin issues could be solved with an easement.
Herbst stated that should the EDA commit to $145,000, property owners could choose
commit to whatever goes beyond that. Once the bids come in, property owners could
choose whether the project should move forward. Discussion commenced on the storm
sewer and the property owner' s responsibility. Larson asked if assessment was possible.
Koropchak stated that she had spoken with the EDA attorney regarding a maintenance .
agreement. If improvements were not installed, the City cannot assess to complete
EDA Minutes - 06/22/04
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improvements on private property. Those items would require a servicc district. In that
case, the City needs to draft an ordinance establishing a servicc district for default
assessments. The district would also include those property owners who may not want to
be included. Council may be able to include the dissenting property owner(s).
Koropchak stated that by the time the bids came back and the design is completed, the
district could be created. It does two things, allows for default coverage and allows
privatc property improvements to be assessed. Koropchak stated that the property
owners would need to draft a petition.
Loch addressed removal of shrubs for visibility and dumpster location and screening.
The current location is not acceptable to property owners as they are a visual impediment.
They would like to move them back to the corners. Simola stated that he is opposed to
having the dumpster located so close to the right-of-way becausc of littering and garbage
pick-up. Loch stated that could be resolved through contract with garbage service going
after hours. Herbst agreed, stating that they may affect the visual impact of plaza. Herbst
also commented that this may be the time to bury the lines. Loch statcd that it really isn't
an option, however they arc open to landscaping around the poles. Simola stated that
there is no problem with moving the dumpsters as long as they are safe locations that
providc the right slope and cut for the garbage containers.
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Schneidcr asked about dedicated parking. Koropchak stated that the area needs to be
public parking due to the input of City dollars, although there could be designated
loading and unloading areas. Businesscs could choose to post one or two hour parking.
Larson asked about handicap designations for the lot. Simola stated that he is not aware
of any further requirements for accessibility for municipal lots.
Schwientck commented on extending the parking lot island to help traffic now.
After further review of the rcvised Feasibility Study, the commissioners were advised of
additional funds available for the Block 35 project. The amount is $36,000. The $36,000
is the remaining balance of the Liquor Funds (non-restricted dollars). Of the initial
$383,000 Liquor Funds, the EDA dedicated back $147,000 and earmarked $200,000 for
the DMRF. Koropchak noted the use of grant monies is restricted for the usc of job and
wage creation.
With the lowest estimate of $195,000 ($25,700 privatc) and noting pcrhaps the City could
rcceive more favorable bids if the Municipal Parking Lot was included in the bidding
process, the commissioners were hopeful the bids may be lower than the estimates.
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COMMISSIONER SCHWIENTEK MADE A MOTION RECOMMENDING THE
CITY COUNCIL AUTI-IORIZE DESIGN AND PREPARATION OF BIDS AND
SPECS FOR BLOCK 35 ALLEY AND PLAZA IMPROVEMENTS CONSISTING OF
A BITUMINOUS P A VEMENI" ALLEY AND PARKING AREA AND PLAIN FOUR
INCH CONCRETE PLAZA wrrH AN ALTERNATE BID FOR EXPOSED
EDA Minutes - 06/22/04
AGGREGATE CONCRETE PLAZA, AUTHORIZE TO GO OUT FOR BIDS, AND TO
CALL FOR A PUBLIC HEARING DATE SUBJECT TO THE PROPERTY OWNERS
PETITIONING FOR ESTABLISHMENT OF A SERVICE DISTRICT. IT WAS
SUGGESTED THE CITY DESIGN AND AUTHORIZE BIDS AND SPECS FOR THE
BLOCK 35 MUNICIPAL PARKING LOT AS A COMPANION AS A MEANS TO
RECEIVE A MORE FAVORABLE BID. THE MOTION WAS SECONDED BY
COMMISSIONER HOGLUND AND WITH NO FURTHER DISCUSSION, THE
MOTION CARRIED.
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The second Council meeting in July was targeted as the date to award the bids.
5. Consideration to request the City Council to authorize WSB, Inc. to design the project
and go out for bids.
Covered under item no. 4.
6. Consideration to authorize preparation of a Contract for Development between the
EDA/City and said Block 35 property owners.
The Commissioners felt this action was premature and tabled authorizing preparation of a .
Contract until bids were received.
7. Other Business.
Add on item: Consideration to authorize execution of a Satisfaction of Mortgage for
GMEF 015 for Mainline Distribution.
Koropchak informed the commissioners the EDA received a check in the amount of
$86,902.74 from Mainline Distribution which included the balloon payment and past due
accrued interest. Since GMEF No. 0 15 was a real estate loan, the commissioners were
requested to authorize execution of the satisfactory of mortgage.
COMMISSIONER HOGLUND MADE A MUrION AUTHORIZING THE
EXECUTION OF A SATISFACTION OF MORTGAGE FOR GMEF NO. 015 FOR
MAINLINE DISTRIBUTION. COMMISSIONER I-IERBST SECONDED THE
MOTION AND WITH NO FURTHER DISCUSSION, THE MOTION CARRIED.
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EDA Minutes - 06/22/04
8. Adjournment.
COMMISSIONER HOGLUND MADE A MOTION TO ADJOURN THE EDA
MEETING. SECONDED BY COMMISSIONER DEMEULES AND WITH NO
FURTl.IER BUSINESS, THE MOTION CARRIED. THE EDA MEETING
ADJOURNED AT 5:25 P.M.
Recorder
Recorder
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EDA Agenda - 07/27/04
4.
Consideration of notices received from some Block 35 property owners and
consideration whether to move forward or not move forward with the Block 35
improvements.
A. Reference and backeround:
First, let me give you a little background since the last EDA meeting of June 22. The Council
did approve the EDA's recommendation and received Attachment A on June 28.
On July 6, a meeting was called by the property owners who met with Commissioner Lahr,
Wolfsteller, Bruce Cochran, and Steve Grittman. Upon returning from vacation, I met with
Loch and suggested I meet with the property owners to review the context of a Development
Agreement and to explain the 429 Public Hearing notice and a Special Service District. EDA
Attorney Beth Mercer-Taylor, Kennedy & Graven, attended the July 21 meeting with me. At
that meeting, I was informed that the carry through of the July 6 meeting was to call a special
meeting of the EDA for action relative to criteria for parking signage. Some of the property
owners requested in writing that the EDA would not prohibit installation of "no parking" signs.
That's why this EDA meeting was called.
Two questions needed to be answered: (See Attachment C.)
1.
Legally, can the EOA or City use public dollars to pay for private parking?
2. Secondly if the EDA or City can legally do so, what is the policy ofthc EDA/City?
Upon writing thc July 26 City Council agenda item to open and continue the public hearing
relative to a 429 Project for certain improvements, Attachments B were received. Upon the
advice of the EDA Attorney, staff recommended to the Council to open and continue the public
hearing. Update of Council action on July 27.
Given two of the seven property owners which includes four of the ten parcels is not interested
in the EDA assistance, improvement project, or potential of a Service District; the immediate
question fe)[ the EDA is whether to cancel the preparation of the plans and specs and
advertising for bids and cancel the public hearing.
EDA Agenda - 07/27/04
B.
Alternative Action:
1. A motion to cancel the preparation of the plans and specs and advertising for bids, and
request Council eanccl the 429 public hearing.
2. A motion to amend the plans and specs, advertise for bids, and request Council
continue the 429 Public Hearing.
3. A motion of other action.
c. Recommendation:
Although the EDA, consultants, staft~ and Block 35 property owners have put in years of work
and meetings relative to the improvements proposed for Block 35, the City Administrator and
Executi ve Director recommend Alternative No.1. Because 100% of the property owners are
not interested in the improvements or assistance and the remaining parcels do not provide a
contiguous improved area, the project appears to no longer have merit.
D. Supportine Data:
Attachment A. Petition against Special Service District submitted June 28 to Council.
Attachments B. Letter of no interest submitted to City Hall on July 22.
Attachment C. Comments from EDA Attorney following July 21 meeting.
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~\\o.L\r\~ H
PETITION AGAINST SPECIAL SERVICE DISTRICT
The undersigned, Block 35 property owners, DO NOT consent to the
creation of a "special service district" with the City of Monticello.
PROPERTY ADDRESS
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July 21, 2004
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Monticello, City of
505 Walnut 8t.
Monitcello, MN 55362
Attn: Economic Development
Re: Block 35 Improvements
I/We the undersigned property owners do hereby decline your request for the use of public
funding on our private properties. I/We also decline to take part in the Block 35
Improvement project, which may include a "Special Service District". Although we may
continue to improve our private property with our own funds, this should in no way be
construed as part of the EDA's project. You may however, continue the project with the
. rest ofthe owners but we are unable to grant you access to our properties(in any way) for
the Block 35 Improvement project.
Property Address
Owners
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Thank you for your time in this matter
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July 21, 2004
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Monticello, City of
505 Walnut St.
Monitcello, MN 55362
Attn: Economic Development
Re: Block 35 Improvements
I/We the undersigned property owners do hereby decline your request for the use of public
funding on our private properties. I/We also decline to take part in the Block 35
Improvement project, which may include a "Special Service District", Although we may
continue to improve our private property with our own funds, this should in no way be
construed as part of the EDA's project. You may however, continue the project with the
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rest ofthe owners but we are unable to grant you access to our properties(in any way) for
the Block 35 Improvement project.
Property Address
Owners
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Thank you for your time in this matter
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rage 1 or 1
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Ollie Koropchak
From: Mercer-Taylor, Beth [bmercer-taylor@Kennedy-Graven.com]
Sent: Wednesday, July 21, 2004 5:58 PM
To: Ollie Koropchak
Subject: RE: Meeting with Block 35 owners
I talked briefly with Steve on the way home about the private parking issue. Legally, there would be no problem
for the city to pay for the parking, with the reasoning being that improving the parking area is part of general
redevelopment in the downtown that is done in order to improve the whole community. The situation would not be
the same for another property where there isn't such a clear redevelopment objective In such a case, there
would be a question as to the authority for the public expenditure. In terms of public policy, Steve and I both
understand why the EDA and City might not want to provide public money for private parking. At the same time,
given the downtown redevelopment objective, there might be justification to do so in this case. The policy
decision is of course the EDA to make, in consultation with you.
On the special service district questions, I'm going to send an informational package that I'd prepared for another
client a year or so ago. There are some general articles about the idea behind passing state laws to permit such
districts, and practical pointers about setting up of successful districts. Tomorrow, I will email you an example of
an ordinance setting up a district and an ordinance setting the charges You and I can talk again about what
might be helpful for the property owners to look at.
I can see this will be a demanding project, regardless, and I applaud your patience in working through the
process.
Beth Mercer-Taylor
Kennedy & Graven, Chartered
-----Original Message-----
From: Ollie Koropchak [mailto:Ollie.Koropchak@ci.monticello.mn.us]
Sent: Wednesday, July 21, 2004 9:53 AM
To: Mercer-Taylor, Beth
Subject: Meeting with Block 35 owners
Things to cover: Security for fac;;ade improvements - Escrow or letter of credit
Need for temporary construction easements for city to work on private property
Maybe permanent alley easement for city snowsplowing?
Approximate ($25,000) roof drainage pipe connection to catch basin as 429 project.
Gives property owners option to be assessed.
Maintenance Agreement? How to assess? Maybe redo in Development Contract?
Business subsidy question? Not greater than $25,000 per owner assistance_
Approximate $145,000 by 10 property owners.
Oliie You may want to stop by City Hall first before the 2:30 p.m. meeting at Dino's
7/23/2004
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EDA Agenda - 07/27/04
Consideration to define terms and conditions and authorize preparation of a draft copy
of thc Devclopment Aereement betwecn the EDA and Block 35 Propertv Owners.
A. Reference and background:
IF THE EDA ELECTED TO CANCEL THE PREPARATION OF THE PLANS AND
SPECS AND ADVERTISEMENTS FOR BIDS lJNDER ITEM NO.4, THIS ITEM CAN
BE REMOVED.
IF NOT, PROCEED:
As mcntioned carlier, the EDA meeting was initially called to address thc request of some
property owners - in writing, the EDA critcria for parking signage. The Executive Director
expanded this into defining the terms and conditions of the Development Agreement in order to
provide all the property owners of a sense of the obligations of the EDA and the property
owners. In a bricf summary, here are some of the terms and conditions to discuss and define:
Commencement and completion datc of puhlic and private improvements.
Description of facade improvements to be constructed hy individual property owners
including cost estimates per parcel.
Description of roof drainage improvements, cost estimates to individual property
owners, and the option to be assessed as a 429 project.
Description of the plaza, parking, trash enclosures, storm sewer drainage, catch basin,
and alley improvements and cost estimates to be paid by EDA.
Temporary easement for construction of improvement by City on private property.
Define improvements to bc maintained hy the property owners via a Maintenance
Agreement and perhaps the establishment of a Service District which allows the City
the ability to levy for maintenance fees.
7. EDA attorney suggested a permanent easement for thc northerly one-half of the alley as
thc City plows the alley.
8. Securities and cure for default.
9. Policy for use ofpuhlic dollars for private parking: No mcntion, certain numher of
loading zones, or no loading or parking zones.
10. If business subsidy would apply, how to handle.
B. Alternative Action:
1. A motion to authorize the EDA Attorney to prepare a draft copy of the Development
Agreement for Block 35 including the terms and conditions defined.
EDA Agenda - 07/27/04
2. A motion to not authorize the EDA Attorney to prepare a draft copy of the
Development Agreement for Bloek 35.
3. A motion of other.
C. Recommendation:
As the Administrator and Executive Director did not recommend moving forward with the
Block 35 project, this agenda item can be removed. However, if the EDA did decide to move
forward, the recommendation then becomes Alternative No.1.
D. Supportill!:! Data:
Comments from EDA Attorney.
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Ollie Koropchak
From: Mercer-Taylor, Beth [bmercer-taylor@Kennedy-Graven.com]
Sent: Tuesday, June 15, 2004 12:44 PM
To: Ollie Koropchak
Cc: Mercer-Taylor, Beth
Subject: Maintenance Agreement Review and NEW OPTION
Ollie,
Upon further reflection, it occurred to me that the City, EDA, and property owners should consider using a special
services district (Chapter 428A) as a mechanism to charge the property owners for the costs of maintenance, with
all of the roles and default issues set forth in the statute. The City cannot legally assess property owners for
unpaid private maintenance, except in very particular situations defined in Minnesota Statutes Read through my
memo, attached, which in the second part describes the special services district. We have done the whole
proceeding for other cities, so can answer more questions if you are interested in pursuing that.
My memo also summarizes our conversation this morning.
I am available at 4 today should you want to call. Good luck with the meeting.
Beth Mercer-Taylor
Attorney
Kennedy & Graven, Chartered
Phone: 612-337-9283 Fax: 612-337-9310
bm ercer- tay lor@kennedy-graven.com
6/1 5/2004
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470 Pillshury Center
200 South Sixth Street
Minneapolis MN 55402
&
(612) 337-9300 telephone
(612) 337~931O fax
http://www.kennedy-graven.com
CHARTERED
BETH MERCER-TAYLOR
Attorney atl.aw
Direct Dial (612) 337-9283
Email: hmercer -taylor(!IJkcllllcdy-graven
MEMORANDUM
To: Ollie Koropchak and City of Monticello EDA
From: Beth Mercer-Taylor, Kennedy & Graven, Chartered
Date: June 15,2004
Re: Block 35 Maintenance Agreement
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As requested, I have reviewed the Block 25 Maintenance Agreement, which Ollie
Koropchak indicated has been signed by the relevant owners of property on Block 35 in
the City of Monticello (the City). This agreement is inadequate to ensure that the
property owners will maintain the Block 35 property for several reasons, discussed
below. If maintenance is a critical issue for the City and the Economic Development
Authority of the City (the EDA) as the expenditure ofremaining downtown revitalization
funds is considered, then a more detailed agreement or agreements between the property
owners and the City should be drafted and executed. Alternatively, the City, EDA, and
property owners should consider creating a Special Services District, described in the
latter part of this memo, to create a legal mechanism for the City to charge property
owners for the maintenance of improvement to Block 35. I can provide much more
information about that alternative, which has been used by several other city clients.
Issues with the Current Contract
The Block 35 Maintenance Agreement is signed by the individual property owners, yet
the Agreement obligates a group, referring to the property owners as "they." The legal
obligations of each of these owners to this collective group is not clear. What would
happen to owners who voted against paying into the maintenance program, for various
reasons? If an individual owner refused to pay for a share of the maintenance, would that
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owner be individually in default? Would all the owners be in default? Could the City
then assess that owner, or even all of the owners?
In order to give the EDA and the City the right to cure defaults, the EDA and the City
need to be parties to the Agreement. Consideration on both sides should be stated. The
City cannot assess property owners for maintenance that has not been provided, as there
is no legal authority to do this. A special service district under Minnesota Statutes
Section 428A.0 1, further described below, would offer a way for the City to levy service
charges on property owners, and the statute provides a means for the City to collect
unpaid charges.
The agreement states that an agent shall be employed for snow and trash removal, but
that "they" (the owners) shall replace and maintain improvements on the property as well
as landscaping. It is not clear what level of replacement and maintenance will be
acceptable and who will decide whether what has been done is acceptable. If the owners,
either individually or collectively, do not agree with the City or EDA regarding
acceptable maintenance, it is not clear whether or not a default has occurred.
Unless this Agreement is recorded and made a covenant to the deeds of the individual
property owners, successors in interest and assigns will not be legally bound. A buyer
without notice of this contract would not be bound by it. The contract needs to clarify
that current property owners will guaranty that successors and assigns will take over the
responsibility and sign the contract, and if not, that the current property owners would
continue to be bound.
This Agreement does not handle the various problems between the owners themselves, or
between the owners and the EDA and City that could arise. Without guidance from the
contract, such disputes would have to be resolved in court, with increased risk of an
undesirable outcome for everyone involved.
Special Service District Alternative
Minnesota Statutes Section 428A.01 through 428A.1 01 (the Act) provides authority for
local units of government, in cooperation with commercial and industrial property
owners, to implement special service districts to finance special services beyond those
ordinarily provided throughout the City. "Special services" are defined as having the
meaning used in a given city's ordinance, but exclude those services not typically
provided throughout the city from the general fund. Services that are typically provided
throughout a city may be included if there will be an increased level of that service in the
district. See MINN. STAT. 9 428A.Ol subd. 3. The Act defines a "special services
district" as "a defined area within the city where special services are rendered and the
costs of the special services are paid horn revenues collected from service charges
imposed within that area." MINN. STAT. 9 428A.Ol subd.4. Special services districts
may only include commercial, industrial, public utility, and vacant properties.
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Before a city may adopt an ordinance enacting a special service district, a public hearing
must be held. The hearing has to be preceded by two notices in the official newspaper of
the city two weeks apart. In addition, notice must be mailed to each owner of land within
the district. MINN. STAT. 9 428A.02 subd. 2. All property owners that will be subject to
the service charge must be allowed to be heard at the hearing. MINN. STAT. 9 428A.02
subd. I. The ordinance may be adopted by the governing board of the city at any time
within six months after the conclusion of the hearing. MINN. STAT. S 428A.02 subd. 2.
The city can impose service charges as long as they are reasonably related to the services
provided. The charges must be "as nearly as possible proportionate to the cost of
furnishing the service, and may be fixed on the basis of the service directly rendered, or
by reference to a reasonable classification of the types ofprcmiscs to which service is
furnished, or on any other equitable basis." MINN. STAT. S 428A.02 subd. 3. The
charges must also be imposed on the basis of the net tax capacity of the property on
which the service charge is imposed. MINN. STAT. S 428A.05. Any affected landowner
may file a written objection asserting that their land should not be subject to the charge.
The city's governing body has the ability to exempt complaining landowners from the
charge if: (I) they will receive services that are already provided throughout the city to
the same degree, (2) the property is exempted, or (3) neither the landowner's property nor
its use will receive a benefit from the proposed special service. MINN . STAT. 9 428A.02
subd.4.
Before the city can start any of these proceedings, at least twenty-five percent of the
owners of the land area that would be subject to the charge and owners of at least twenty-
five percent of the net tax capacity of the area must file a petition requesting a hearing on
the proposed action. MINN. STAT. 9428A.08. In addition, after a city has approved an
ordinance creating a special service district, they must mail a summary of it to each
property owner within the district. If more than thirty-five percent of the property owners
or holders of grcater than thirty.;.five percent of the net tax capacity file an objection
within forty-five days of the city's approval of the ordinance, it does not become
effective. MINN. STAT. 9428A.09. Therefore, the landowncrs have a power to
commence and a veto power. Lastly, the Act has a sunset provision that makes it expire
on June 30, 2005. MINN. STAT. 9428A.IOl.
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EDA Agenda - 07/27/04
6.
Consideration to approve authorization to execute a Satisfaction of Mort2a2e for
GMEF Loan No. 016 Aroplax.
A. Reference and back2round:
On July 20, 2004, Aroplax called and requested the outstanding principal and interest balance
of their GMEF No. 016 as of Friday, July 23, 2004. The company plans to prepay the balloon
payment which is due December 2004. Total principal and interest outstanding as of July 23 is
$86,587.60.
Since GMEF No. 016 was a real property loan and assuming the loan is prepaid, the EDA is
requested to simply authorize execution of the Satisfaction of Mortgage. Additionally, the
original Promissory Note will be returned to Aroplax.
B. Alternative Action:
1. A motion authorizing the execution of the Satisfaction of Mortgage for GMEF Loan
No. 016 for Aroplax.
2.
A motion to not authorize the execution of the Satisfaction of Mortgage for GMEF
Loan No. 016 for Aroplax.
3. A motion of other.
C. Recommendation:
Assuming the payment is received, the recommendation is Alternative No.1.
D. SupportiDf! Data:
None.
.
c:::c:J
. AROPLAX
. CORPORATION
200 Chelsea Road, Monticello, MN 55362
033290
PAY
TO TH E
ORDER
OF
r
'~" I
~
~
75-1045
Dollars 919
STEARNS BANK N.A.
4191 2nd Street South
SI. Cloud, MN 56301
Eighty Six Thousand Five Hundred Eighty Seven and 60/100 US
CITY OF MONTICELLO
505 WALNUT STREET, SUITE 1
MONTICELLO
MN
55362
. I' ........
r I '\ .
," " c ,-
i,\ i} /' , \ k
~ ' I "\' l o!.
\ , '. 1. \' '., i"
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v AUTHORIZED SIGNATURE
III 0 3 3 2 gO III I: 0 g . 9 . 0 .... 5 5 I: III 2 . 0 B B g . II"
~.
CITY OF MONTICELLO
Invoice #
GMEF LOAN
Inv. Date
07/23/2004
Check Date
07/23/2004
Remaining Due
0.00
Discount
0.00
Paid Amount
86,587.60
CHECK NUMBER
33290
TOTAL AMOUNT
86,587.60
.
.
.
.
FEASIBILITY REPORT
AMENDMENT TO
BLOCK 35 ALLEY IMPROVEMENTS
CITY PROJECT NO. 2004.
FOR THE
CITY OF MONTICELLO
June 22, 2004
Prepared By:
WSB & Associates, Inc.
4150 Olson Memorial Highway, Suite 300
Minneapolis,.MN 55422
(763) 541.4800
(763) 541-1700 (Fax)
Amendment to Feasibility Report for the City of Monticello
Block 35 Alley Improvements
City Project No. 2004-
WSB Project No. 1488-77
_ ____ _~ ~_OIIIL......-- ~ _.
.
.
.
TABLE OF CONTENTS
TITLE SHEET
TABLE OF CONTENTS
1. INTR 0 Due TI ON........ ........ .......... .................................... .............. ............. ............ ......... .................... 1
2. D ISCU 5 510 N ........................... .......... ................. ........................ ..... ...... ............. ............. ...................... 2
2.1 Plaza Alternative Material............................................................................................................. 2
Appendix A
Figures
Appendix B
Opinion of Probable Cost
Amendment to Feasibility Report for the City of Monticello
Block 35 Alley Improvements
City Project No. 2004-
WSB Project No. 1488-77
-,,, -- .......... ,----..
1. INTRODUCTION
. The City of Monticello Economic Development Authority (EDA) met on June 14,2004 in an
open meeting with the property owners of Block 35, a representative of the Chamber of
Commerce, and a representative from WSB & Associates, Inc. The primary topic of discussion
was the proposed improvements to the Block 35 alley. Specifically there was discussion
regarding drainage, pavement material, surface effects, planters, trash enclosures and cost.
.
.
Amendment to Feasibility Report for the City of Monticello
Block 35 Alley Improvements
City Project No. 2004-
WSB Project No. 1488~77
Page 1
~_..-d:....-
2. DISCUSSION
. The group seemed to be generally in support of the proposed improvements but requested
information for another scenario and the associated opinion of cost. The requested scenario
includes:
. Grading as shown in Typical Section A
o (Low point on the north edge of the existing alley)
. Bituminous pavement for the alley and proposed adjoining parking
. Substitution of plain concrete, exposed aggregate concrete, and stamped/colored concrete
for the proposed paving brick in the plaza area
. Itemize the low planters
. Itemize the trash enclosures
. Itemize the storm sewer cost
. Itemize the sanitary sewer costs
Appendix A, Figure 1D, shows a plan view of the proposed project. Figure D shows a Typical
Cross Section of the proposed project.
The EDA's budget for the project is $145,000, not including storm sewer or sanitary sewer costs.
.
Revised opinions of probable cost have been prepared for the described work. A separate
opinion of probably cost has been prepared for each of the three concrete types in place of brick
pavers in the plaza area. These opinions of probably cost are included in Appendix B.
Generally speaking, the plain concrete surface is the least expensive option, with costs in the
neighborhood of$3.00/fe. Exposed aggregate concrete costs about $6.00 to $7.00/ft2, colored
and stamped concrete costs $8.00 to $12.00/ft2 depending largely on the color selected and to a
lesser extent the stamped pattern. It is generally assumed that a brick pattern will be selected to
visually tie into the existing pavers in the City of Monticello.
The project can be builtwithin the EDA's budget if they are willing to make some concessions
on the scope ofthe project, contingency or indirect costs.
2.1 Plaza Alternative Material
Evaluation of the material for the surface of the plaza revealed costs between $3.00/ft? and
$12.00/ft2. The lower cost being for plain, non-colored concrete and the higher cost for a
red/brown stamped concrete. Generally, interlocking brick pavers can be installed for the $9.00
to $ 12.00/ft? cost. At comparable prices to paving brick, the pavers are recommended because of
their modular nature and authenticity. Considering the overall cost and that the project area is an
alley, and not a "front door" area, the plain concrete is an acceptable alternative for the plaza
area.
2.2 Conclusion
.
The revised project scope is estimated to cost $194,675 with $33,340 from the property owners
and $161,335 from the EDA. These costs appear to be above the threshold of available funds.
Amendment to Feasibility Reportfor the City of Monticello
Block 35 Alley Improvements
City Project No. 2004~
WSB Project No. 1488-77
.
.
.
Guidance is needed from the EDA to determine if the scope of the project is going to be altered
again to reduce the probably costs, or if other action is to be taken.
Amendment to Feasibility Reportfor the City of Monticello
Block 35 Alley Improvements
City Project No. 2004-
WSB Project No. 1488-77
.
.
.
APPENDIX A
Figures
Amendment to Feasibility Reportfor the City of Monticello
Block 35 Alley Improvements
City Project No. 2004-
WSB Project No. 1488-77
.
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APPENDIX B
-.
-
Opinion of Probable Cost
Amendment to Feasibility Report for the City of Monticello
Block 35 Alley Improvements
City Project No. 2004-
WSB Project No. 1488-77
City of Monticello
Block 35 Alley Improvements
Feasibility Report
Opinion of Probable Cost
Typical Section D
Bituminous Pavement Alley and Parking
Plain 4" concrete plaza
No. Mat. No. Item Units Qty Unit Price Total Price
2021.50l/MOOOO MOBILlZA nON LUMP SUM $5,000.00 $5,000.00
2 2101.511/00010 CLEARING AND GRUBBING LUMP SUM $2,500.00 $2,500.00
3 2104.505/00110 REMOVE CONCRETE PAVEMENT SQYD 828 $5.00 $4,140.00
4 2104.505/00120 REMOVE BITUMINOUS PAVEMENT SQYD 1921 $2.30 $4,418.30
5 2104.501/00022 REMOVE CURB AND GUTTER L1N FT 600 $3.00 $1,800.00
6 2104.503/00010 REMOVE SIDEWALK SQFT 1200 $2.00 $2,400.00
7 2104.511/00011 SAWING CONCRETE PAVEMENT LIN FT 120 $5.00 $600.00
(FULL DEPTH)
8 2104.513/00011 SA WING BITUMINOUS PAVEMENT UN FT 264 $2.60 $686.40
(FULL DEPTH)
9 2104.505/00120 REMOVE BITUMINOUS PAVEMENT SQYD 1921 $3.50 $6,723.50
10 2104.509/00102 REMOVE CATCH BASIN EACH $250.00 $250.00
11 2104.501/00016 REMOVE SEWER PIPE (STORM) UN FT 210 $7.21 $1,514.10
12 2105.501/M0226 COMMON EXCAVATION (P) CUYD 1134 $6.50 $7,371.00
13 2112.604/00010 SUBGRADE PREPARATION SQYD 2881 $2.00 $5,762.00
14 2211.501/00051 AGGREGATE BASE CLASS 5 MOD TON 1305 $9.00 $11,745.00
15 2301.501/00010 CONCRETE PAVEMENT SQYD 83 $39.00 $3,237.00
16 2350.502/33300 TYPE LV 3 NON WEARING COURSE TON 240 $38.00 $9,120.00
MIXTURE (C)
17 2350.501/33300 TYPE LV 3 WEARING COURSE TON 146 $40.00 $5,840.00
MIXTURE (C)
18 2502.541/07040 4" PERF PE PIPE DRAIN UN FT 335 $4.50 $1,507.50
Page 1 of 2
F:\WPWIN\1488-77\MateriaITable Feasibility 1488-77 Typical Section D 1
Opinion of Probable Cost
.....
Typical Section D
Bituminous Pavement Alley and Parking
Plain 4" concrete plaza
......
No. Mat. No. Item Units Qty Unit Price Total Price
19 2503.511/90183 18" RC PIPE SEWER CLASS III UN FT 215 $30.00 $6,450.00
20 2503.603/00106 6" PVC PIPE SEWER - SDR 26 UN FT 580 $16.00 $9,280.00
21 2503.603!O0706 6" PVC SANITARY SERVICE PIPE UN FT 120 $22.50 $2,700.00
22 2506.602/00025 CONNECT INTO EXISTING MANHOLE EACH $250.00 $250.00
23 2506.501/02420 CONSTRUCT DRAINAGE STRUCTURE UN FT 24 $185.00 $4,440.00
DESIGN 48-4020
24 2506.602/M051I CASTING ASSEMBLY (CA TCHBASIN) EACH 2 $400.00 $800.00
25 2521.501/00040 4" CONCRETE WALK SQFT 4120 $3.05 $12,566.00
26 2521.501/00060 6" CONCRETE WALK SQFT 1200 $3.10 $3,720.00
.....
27 2531.501102310 CONCRETE CURB & GUTTER DESIGN UN FT 918 $10.50 $9,639.00
...... B612
28 2540.618/00065 KEYSTONE RETAINING WALL SQFT 471 $20.00 $9,420.00
29 2540.602/00006 DUMPSTER ENCLOSURE EACH 2 $5,050.00 $10,100.00
30 2571.501/05050 CONIFEROUS TREE 5' HT B&B TREE 10 $200.00 $2,000.00
31 2571.504/04025 CONIFEROUS SHRUB 2.5" SPREAD SHRUB 50 $80.00 $4,000.00
CONT
Total Estimated Construction Cost $149,979.80
10% contingency $14,997.98
$164,977.78
28% indirect Costs $29,696.00
Total Estimated Project Cost $194,673.78
....
......
Page 2 of 2
F:\WPWIN\1488-77\MateriaITable Feasibility 1488-77 Typical Section D 1
Tentative Cost Share
Plain 4" concrete plaza
Description EDA Property Owner Total
Pavement (Removals (except $ 92,209.70 $92,209.70
storm), curb, pavement 4" pipe
drain, concrete approaches,
concrete walk at Pine and Walnut
and plant material)
Storm (Removals, 18" Storm, 6" $ 22,984.10 22,984.10
laterals, catch basins
Sanitary (lateral to the Masonic 2,700.00 2,700.00
Lodge)
Plaza (4" plain concrete) 12,566.00 12,566.00
Low Planter 9,420.00 9,420.00
Trash Enclosures 10,100.00 10,100.00
$ 124,295.70 $ 25,684.10 $149,979.80
10% Contingency $12,429.57 $2,568.41 $14,997.98
Sub-total $136,725.27 $28,252.51 $164,977.78
18% indirect Costs $24,610.55 $5,085.45 $29,696.00
Total Estimated Project Cost $161,335.821 $33,337.96 $194,673.78
Page 1 of 1
F:\WPWIN\1488-77\MateriaITable Feasibility 1488-77 Typical Section D 1
~
~
City of Monticello
Block 35 Alley Improvements
Feasibility Report
Opinion of Probable Cost
Typical Section D
Bituminous Pavement Alley and Parking
Exposed aggregate concrete plaza
No. Mat. No. Item Units Qty Unit Price Total Price
202 1.50 1/MOOOO MOBIUZA TION LUMP SUM $5,000.00 $5,000.00
2 2101.511/00010 CLEARING AND GRUBBING LUMP SUM $2,500.00 $2,500.00
3 2104.505/00110 REMOVE CONCRETE PAVEMENT SQYD 828 $5.00 $4,140.00
4 2104.505/00120 REMOVE BITUMINOUS PAVEMENT SQYD 1921 $2.30 $4,418.30
5 2104.501/00022 REMOVE CURB AND GUTTER UN FT 600 $3.00 $1,800.00
6 2104.503/00010 REMOVE SIDEWALK SQFT 1200 $2.00 $2,400.00
. 7 2104.511/00011 SAWING CONCRETE PAVEMENT UN FT 120 $5.00 $600.00
(FULL DEPTH)
8 2104.513/00011 SAWING BITUMINOUS PAVEMENT UN FT 264 $2.60 $686.40
(FULL DEPTH)
9 2104.505/00120 REMOVE BITUMINOUS PAVEMENT SQYD 1921 $3.50 $6,723.50
10 2104.509/00102 REMOVE CATCH BASIN EACH $250.00 $250.00
11 2104.501/00016 REMOVE SEWER PIPE (STORM) UN FT 210 $7.21 $1,514.10
12 2105.501/M0226 COMMON EXCAVATiON (P) CUYD 1134 $6.50 $7,371.00
13 2112.604/00010 SUBGRADE PREPARATION SQYD 2881 $2.00 $5,762.00
14 2211.501100051 AGGREGATE BASE CLASS 5 MOD TON 1305 $9.00 $11,745.00
15 2301.501/000 I 0 CONCRETE PAVEMENT SQYD 83 $39.00 $3,237.00
16 2350.502/33300 TYPE LV 3 NON WEARING COURSE TON 240 $38.00 $9,120.00
MIXTURE (C)
17 2350.501/33300 TYPE LV 3 WEARING COURSE TON 146 $40.00 $5,840.00
MIXTURE (C)
. 18 2502.541/07040 4" PERF PE PIPE DRAIN UN FT 335 $4.50 $1,507.50
Page 1 of 2
F:\WPWIN\1488-77\MateriaITable Feasibility 1488-77 Typical Section D 2
Opinion of Probable Cost
Typical Section D
Bituminous Pavement Alley and Parking
Exposed aggregate concrete plaza
No. Mat. No. Item Units Qty Unit Price Total Price
19 2503.511190183 18" RC PIPE SEWER CLASS III UN FT 215 $30.00 $6,450.00
20 2503.603100106 6" PVC PIPE SEWER - SDR 26 UN FT 580 $16.00 $9,280.00
21 2503.603/00706 6" PVC SANITARY SERVICE PIPE UN FT 120 $22.50 $2,700.00
22 2506.602/00025 CONNECT INTO EXISTING MANHOLE EACH $250.00 $250.00
23 2506.501102420 CONSTRUCT DRAINAGE STRUCTURE UN FT 24 $185.00 $4,440.00
DESIGN 48-4020
24 2506.602/M0511 CASTING ASSEMBLY (CA TCHBASIN) EACH 2 $400.00 $800.00
25 2521.501100041 4" CONCRETE WALK-EXPOSED SQFT 4120 $6.50 $26,780.00
AGGREGATE
26 2521.501100060 6" CONCRETE WALK SQFT 1200 $3.10 $3,720.00
27 2531.501102310 CONCRETE CURB & GUTTER DESIGN UN FT 918 $10.50 $9,639.00
B612
28 2540.618/00065 KEYSTONE RETAINING WALL SQ FT 471 $20.00 $9,420.00
29 2540.602/00006 DUMPSTER ENCLOSURE EACH 2 $5,050.00 $10,100.00
30 2571.501105050 CONIFEROUS TREE 5' HT B&B TREE 10 $200.00 $2,000.00
31 2571.504/04025 CONIFEROUS SHRUB 2.5" SPREAD SHRUB 50 $80.00 $4,000.00
CONT
Total EstImated Construction Cost $164,193.80
10% contingency $16,419.38
$180,613.18
18%. indirect Costs $32,510.37
Total Estimated Project Cost $213,123.55
Page 2 of 2
F:\WPWIN\1488-77\MateriaITable Feasibility 1488-77 Typical Section 02
-
-
Tentative Cost Share
Exposed aggregate concrete plaza
....
Description EDA Property Owner Total
Pavement (Removals (except $ 92,209.70 $92,209.70
storm), curb, pavement 4" pipe
drain, concrete approaches,
concrete walk at Pine and Walnut
and plant material)
Storm (Removals, 18" Storm, 6" $ 22,984.10 22,984.10
laterals, catch basins
Sanitary (lateral to the Masonic 2,700.00 2,700.00
Lodge)
Plaza (Exposed aggregate walk) 26,780.00 26,780.00
Low Planter 9,420.00 9,420.00
Trash Enclosures 10,100.00 10,100.00
$ 138,509.70 $ 25,684.10 $164,193.80
~
10% Contingency
$13,850.97
$2,568.41 $16,419.38
$28,252.51 $180,613.18
Sub-total $152,360.67
18% indirect Costs
$27,424.92
$5,085.45 $32,510.37
Total Estimated Project Cos
$179,785.59
$33,337.96 $213,123.55
.
Page 1 of 1
F:\WPWIN\1488-77\MateriaITable Feasibility 1488-77 Typical Section D 2
-
City of Monticello
Block 35 Alley Improvements
Feasibility Report
Opinion ofprobable Cost
-
Typical Section D
Bituminous Pavement Alley and Parking
Stamped and colored concrete plaza
No. Mat. No. Item Units Qty Unit Price Total Price
2021.501/M0000 MOBILIZATION LUMP SUM $5,000.00 $5,000.00
2 2101.511/00010 CLEARING AND GRUBBING LUMP SUM $2,500.00 $2,500.00
3 2104.505/00110 REMOVE CONCRETE PAVEMENT SQYD 828 $5.00 $4,140.00
4 2104.505/00120 REMOVE BITUMINOUS PAVEMENT SQYD 1921 $2.30 $4,418.30
5 2104.501100022 REMOVE CURB AND GUTTER UN FT 600 $3.00 $1,800.00
6 2104.503/000 I 0 REMOVE SIDEWALK SQFT 1200 $2.00 $2,400.00
- 7 2104.511/00011 SAWING CONCRETE PAVEMENT UN FT 120 $5.00 $600.00
(FULL DEPTH)
-
8 2104.513/00011 SAWING BITUMINOUS PAVEMENT UN FT 264 $2.60 $686.40
(FULL DEPTH)
9 2104.505/00120 REMOVE BITUMINOUS PAVEMENT SQYD 1921 $3.50 $6,723.50
10 2104.509/00102 REMOVE CATCH BASIN EACH $250.00 $250.00
11 2104.501/00016 REMOVE SEWER PIPE (STORM) UN FT 210 $7.21 $1,514.10
12 2105.501/M0226 COMMON EXCAVATION (P) CUYD 1134 $6.50 $7,371.00
13 2112.604/00010 SUBGRADE PREPARATION SQYD 2881 $2.00 $5,762.00
14 2211.501100051 AGGREGATE BASE CLASS 5 MOD TON 1305 $9.00 $11,745.00
15 2301.501/00010 CONCRETE PAVEMENT SQYD 83 $39.00 $3,237.00
16 2350.502/33300 TYPE LV 3 NON WEARING COURSE TON 240 $38.00 $9,120.00
MIXTURE (C)
17 2350.501/33300 TYPE LV 3 WEARING COURSE TON 146 $40.00 $5,840.00
MIXTURE (C)
-. 18 2502.541/07040 4" PERF PE PIPE DRAIN UN FT 335 $4.50 $1,507.50
-
Page 1 of 2
F:\WPWIN\1488-77\MateriaITable Feasibility 1488-77 Typical Section 0 3
Opinion of Probable Cost
Typical Section D
Bituminous Pavement Alley and Parking
Stamped and colored concrete plaza
No. Mat. No. Item Units Qty Unit Price Total Price
19 2503.511/90183 18" RC PIPE SEWER CLASS III UN FT 215 $30.00 $6,450.00
20 2503.603/00106 6" PVC PIPE SEWER - SDR 26 UN FT 580 $16.00 $9,280.00
21 2503.603/00706 6" PVC SANITARY SERVICE PIPE UN FT 120 $22.50 $2,700.00
22 2506.602/00025 CONNECT INTO EXISTING MANHOLE EACH $250.00 $250.00
23 2506.501/02420 CONSTRUCT DRAINAGE STRUCTURE UN FT 24 $185.00 $4,440.00
DESIGN 48-4020
24 2506.602/M0511 CASTING ASSEMBLY (CA TCHBASIN) EACH 2 $400.00 $800.00
25 2521.501100042 4" CONCRETE WALK SPECIAL SQFT 4120 $9.50 $39,140.00
(Stamped and colored)
26 2521.501100060 6" CONCRETE WALK SQFT 1200 $3.10 $3,720.00
27 2531.501/02310 CONCRETE CURB & GUTTER DESIGN UN FT 918 $10.50 $9,639.00
B612
28 2540.618/00065 KEYSTONE RETAINING WALL SQFT 471 $20.00 $9,420.00
29 2540.602/00006 DUMPSTER ENCLOSURE EACH 2 $5,050.00 $10,100.00
30 2571.501/05050 CONIFEROUS TREE 5' HT B&B TREE 10 $200.00 $2,000.00
31 2571.504/04025 CONIFEROUS SHRUB 2.5" SPREAD SHRUB 50 $80.00 $4,000.00
CO NT
Total Estimated Construction Cost $176,553.80
10% contingency $17,655.38
$194,209.18
18% indirect Costs $34,957.65
Total Estimated Project Cost $229,166.83
Page 2 of 2
F:\WPWIN\1488-77\MateriaITable Feasibility 1488.77 Typical Section D 3
. .
-
Tentative Cost Share
Stamped and colored concrete plaza
Description EDA Property Owner Total
Pavement (Removals (except $ 92,209.70 $92,209.70
storm), curb, pavement 4" pipe
drain, concrete approaches,
concrete walk at Pine and Walnut
and plant material)
Storm (Removals, 18" Storm, 6" $ 22,984.10 22,984.10
laterals, catch basins
Sanitary (lateral to the Masonic 2,700.00 2,700.00
Lodge)
Plaza (Stamped and colored $39,140.00 $39,140.00
concrete)
Low Planter 9,420.00 9,420.00
Trash Enclosures 10,100.00 10,100.00
$ 150,869.70 $ 25,684.10 $176,553.80
10% Contingency
$15,086.97
$2,568.41 $17,655.38
Sub-total
$165,956.67
$28,252.51 $194,209.18
18% indirect Costs
$29,872.20
$5,085.45 $34,957.65
Total Estimated Project Cost
$195,828.87
$33,337.96 $229,166.83
Page 1 of 1
F:\WPWIN\1488-77\MateriaITable Feasibility 1488-77 Typical Section 0 3