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City Council Agenda Packet 05-10-1999 . ., -- AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, May 10, 1999 - 7 p.m. Mayor: Roger Belsaas Council Members: Clint Herbst, Brian Stumpf~ Roger Carlson, Bruce Thielen 1. Call to order. 2. Approval of minutes of the regular meeting held April 26, 1999. 3. Consideration of adding items to the agenda. 4. Citizens comments/petitions, requests, and complaints. 5. Consent agenda. ;{(~~~ (E) F. ~(l .., V,SiSi \1 (~,i &~.... \. \.., )~~" \' ~ Crrl ~J A. Consideration of approving on-sale liquor license transfer-Joyner Lanes. B. Consideration of resolution supporting the 10th anniversary of Rivers of Hope organization. c. Consideration of Change Order No. 20 City Project #93-14C, Monticello Wastewater Treatment Plant Expansion. D. Consideration of a request for conditional use permit for a planned unit development within the B-3 zoning district and a preliminary plat to allow outdoor vehicles sales and associated automotive service uses. Applicant: Monticello Ford. Consideration of a conditional use permit for a planned unit development in an R-2 district. Applicant: Little Mountain Limited Partnership. Consideration for approval of conditional use permits for joint parking and building height in excess of two (2) stories. Applicant: Comfort Inn Motel. Consideration of a zoning text amendment to allow externally illuminated projecting wall signs. Applicant: City of Monticello. Consideration of an amendment to the zoning ordinance which allows essential services as permitted uses in the R-I zoning district. Applicant: City of Monticello. I. Consideration of sale of remnant parcel to Dave Peterson Ford. . . . Agenda Monticello City Council May 10, 1999 Page 2 J. Consideration of adopting resolution ordering public hearing on trunk storm sewer improvements relating to CSAH 75 and Trunk Highway 25. K. Consideration of adoption of the River View Square development agreement. L. Consideration of appointing Katherine Baltos to the position of Community Center Director. 6. Consideration of items removed from the consent agenda for discussion. 7. Consideration of adopting a resolution accepting bids and awarding project for Trunk Highway 25 contingent upon final MNDOT approval and trunk storm sewer improvements. 8. Consideration of proposed update to the trails and pathway plan, and consideration of authorization to study park dedication fee to include trail fee. 9. Consideration of purchasing a 6-ft wide strip ofland for access to parking lots from Broadway. 10. Consideration of purchase of the property owned by Jim Eisele located adjacent to community center site. 11. Consideration of bills for the first half of May 1999. 12. Adjournment. .- 1l~ 0 A A /v\ " G- D (5 Cl~ 5"5 I 6 N PAtJ/lJtlL TQU,C\~ I~(y IS>L{'t- . MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, April 26, 1999 - 7 p.m. Members Present: Roger Belsaas, Clint Herbst, Brian Stumpf, Roger Carlson, Bruce Thielen Members Absent: None 2. Approval of minutes of the regular meeting held April 12, 1999. Council member Bruce Thielen requested that item 3A be clarified to state that evaluations be listed on the consent agenda as they are completed. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD APRIL 12,1999, AS AMENDED. Voting in favor: Bruce Thielen, Clint Herbst, Roger Belsaas, Roger Carlson. Abstaining: Brian Stumpf. Motion carried. 3. Consideration of adding items to the agenda. A. Economic Development Director Ollie Koropchak reported that she has received inquiries from three industrial prospects looking for 20 acres, 75-100 acres, and 100+ acres, and she has been asked to respond to whether Monticello has 100+ acres of industrial property available and whether the City would be prepared to bring infrastructure to the site by the fall of2000. City Engineer Bret Weiss noted that Council authorization would be necessary by January 2000 in order to extend the required infrastructure by fall. . Council and staff discussed industrial property available within the city, and it was the consensus of Council to commit to the development of the necessary infrastructure to accommodate the industries if Monticello is selected. 4. Citizens comments/petitions. requests, and complaints. A. Mr. Jim Fleming, attorney representing Danner Trucking, updated Council on the progress of issuance of a building permit for the Danner Trucking building. Final numbers are being calculated, and the City Attorney has begun drafting a purchase agreement. Parking requirements were discussed, and it was noted that the site plan reflects adequate parking to meet requirements. . City Administrator Rick Wolfsteller reported that he has been working on obtaining a final cost of the land thus far, which began in 1982 with surveys and sketch designs on Dundas Road and the realignment of Cedar Street. He noted the cost of the land to date to be approximately $18,000. Mr. Fleming noted that paying for the recent condemnation cost would be fair, but he objected to the inclusion of costs dating back to 1982. The City Administrator stated that he ~ Page 1 . . . Council Minutes - 4/26/99 would determine all costs in the value of the property but the City Council would decide what amount would be reimbursed. He estimated the short-term costs would amount to approximately $14,000. Deputy City Administrator Jeff O'Neill questioned what the ultimate disposition would be for the remnant parcel created with the realignment of Cedar Street. Mr. Fleming noted that Mr. Danner intends to purchase the remnant parcel because it would square off his lot; however, discussions are preliminary at this point, and no cost has been determined. 5. Consent agenda. Councilmember Brian Stumpf requested that item #19 be moved to the consent agenda as itcm #51 with the recommendation to amend the city ordinance reverting the Mayor's term back to two years. Council member Roger Carlson requested that item #5E be removed from the consent agenda for discussion. A. Consideration of a request for a conditional use permit to allow convenience store/gas operation. car wash. and restaurant use with drive-throug:h window in a PZM zoninl2. district. Applicant: MMC Land Company. Recommendation: Approve the conditional use permit based on the finding that the proposed development is consistent with the comprehensive plan, the character and geography of the area, and will not result in the depreciation of adjoining property values. Approval is subject to the following conditions: 1. The applicant submit a lighting plan subject to review and approval ofthe City Engineer. 2. All grading, drainage, and utility plans shall be subject to review and approval ofthe City Engineer. 3. Landscaping plan subject to final approval by City staff. B. Consideration of approval of the final plat for the River View Square commercial subdivision. Recommendation: Approve the final plat of the River View Square development contingent on acquisition of necessary public easements, final review by the City Engineer, and approval of the development agreement. C. Consideration of approval of the final plat and development agreement for Klein Farms yh Addition. Recommendation: Approve joint resolution supporting annexation and direct staff to submit said resolution to the MOAA Board for review, and approve the final plat and development agreement contingent on annexation approval by thc MOAA and review of the agreement by the City Attorney. Page 2 ~ . . . Council Minutes - 4/26/99 D. Consideration of approvinf;! Design Advisory Team bylaws. Recommendation: Approve the Design Advisory Team bylaws as written. E. Consideration of accepting the Sanitary Sewer ffild Water System Trunk Fee Analysis. Removed from the consent agenda for discussion. F. Personnel report---'perf'ormance cvaluations. Recommendation: No action required. G. Consideration of appointing Dennis Sullivan to the Design Advisory Team. Recommendation: Approve the appointment of Dennis Sullivan to the Design Advisory Team. H. Request for Citv Council authorization to utilize the services of the City Attorney to enforce City ordinances prohibiting public nuisances - Balboul Addition. Recommendation: Authorize the City Attorney to prosecute the violators of public nuisance ordinances located in the Balboul Addition. I. Consideration of reviewing ordinance amendment cstablishine: term length for Mayor. Recommendation: Adopt an ordinance amendment reverting the Mayor's term back to two years. SEE ORDINANCE AMENDMENT NO. 324. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO APPROVE ITEMS 5A, 5B, 5C, 50, SF, 5G, 5H, AND 51 OF THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. 6. Consideration of items removed from the consent agenda for discussion. 5E. Consideration of accepting the Sanitary Sewer and Water System Trunk Fee Analysis. The Sanitary Sewer and Water System Trunk Fee Analysis examined trunk improvements to accommodate the proposed growth over the next 40 years and set a rate for the trunk fee, which is recommended to be increased yearly to accommodate the proposed trunk improvements. In addition, one policy change was proposed with regard to charging of the fees. Currently areas that previously paid pipe oversizing are not charged the trunk fee. It was proposed that the fees be charged to all undeveloped parcels at the time of development with a credit for previously-paid oversizing. Counci Imember Roger Carlson notcd his concern with the policy change to charge those who have already paid for oversizing. City Engineer Bret Weiss explained that the proposed policy is meant to cover the overall system in order to more fairly balance the cost of water towers, lift stations, etc. Page 3 @ . . . Council Minutes - 4/26/99 AFTER FURTHER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON TO ACCEPT THE STUDY AND ADJUST THE FEES TO $1,786/ACRE AND $906/ACRE FOR THE SANITARY SEWER AND W A TERMAIN, RESPECTIVELY, AND TO ADJUST THE POLICY TO CHARGE ALL PARCELS FOR THE TRUNK FEE AND PROVIDE CREDITS FOR PREVIOUSLY-PAID OVERSIZING COST. Motion carried unanimously. 7. Public Hearing-Consideration of a resolution ordering plans and specifications for the Chelsea Road extension between Cedar Street and County Road 117. City Engineer Bret Weiss reported that this project was originally petitioned by Mr. Jerry Mathwig, which ultimately was delayed due the time line of the Highway 25 project. Since that time, the owner of the Silver Fox Inn has petitioned for the extension of Chelsea Road to accommodate the proposed construction of a Comfort Suites Motel. The project consists of roadway, curb and gutter, and a bike path on the north side of Chelsea Road. In addition, sanitary sewer is proposed to be extended down County Road 117 to serve two additional parcels. Total assessments for the project amount to $344,400, and both petitioners have agreed to waive the assessment hearing. The City's share of the project is estimated at $160,000. Mayor Belsaas opened the public hearing. There being no public comment, the public hearing was closed. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO ADOPT A RESOLUTION AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS CONTINGENT ON OBTAINING WAIVER OF RIGHT TO APPEAL ASSESSMENT BASED ON THE COSTS OUTLINED IN THE FEASIBILITY STUDY. Motion carried unanimously. SEE RESOLUTION 99-20. 8. Public Hearing-Citv Proiect 98-17C - Reconstruction of County Road 75 East from Washington to County Road 18 and consideration of authorizing preparation of final plans and specification. Mr. Ron Bray ofWSB & Associates reported that a study of the CSAH 75 corridor has been completed from Trunk Highway 25 to 1-94, and a task force was formed to set goals and design parameters. The project as proposed consists of a five-lane roadway from Washington Street to County Road 18, a new intersection for the Hospital and School District with signals to be paid for by the Hospital, ornamental lighting on the street in the median and along the south pathway between the street surface and the pathway, and an underpass at a location west ofthe entrance to the wastewater treatment plant off of Hart Boulevard. The pathway was proposed to be modified on the south side to accommodate the underpass, with additional sidewalk/pathway built on the north side from the underpass westerly through the hospital project area. The project also includes extension of Hart Boulevard from the area near the Scrub-A-Dub Carwash to the driveway of Gladys Hoglund's property, along with the replacement of some undersized watcrmain and installation of trunk sanitary sewer and trunk storm sewer crossings. t:;'\ Page 4 ~ Council Minutes - 4/26/99 . Mr. Mike Nielson of WSB & Associates reported that the construction cost of the project was estimated at $2.3 million, with the City's share to be $1,023,510. Of that amount, $515,000 was proposed to be assessed for curb and gutter, sidewalk, storm sewer, traffic control signal, watermain, and right-of-way. City Engineer Bret Weiss added that due to a previously-adopted policy of assessing 25% for sidewalk improvements, Council would need to address the proposal for assessing the entire cost of the sidewalk in this project. Mayor Belsaas opened the public hearing. Barb Schwientek, Executive Director of the Monticello-Big Lake Hospital District, stated that the Hospital intends to pay for installation of the signal system but requests that the City pay for the maintenance cost. In addition, she noted that the Hospital objects to the proposed sidewalk between the parking lot and County Road 75, as it does not meet the pathway requirements of the Hospital's planned unit development. . Nancy Spivak, representing John Bondhus ofBondhus Corporation, noted that a letter had been submitted to the City by John Bondhus stating his concerns about the task force process, the scope of the project, and the limited discussion regarding the cost of the project. In addition, she noted that he was concerned about the installation of curb and gutter, which would eliminate the shoulder for use by drivers experiencing car trouble. Bret Weiss responded that the main reason for installing curb and gutter is to limit the size of the right-of-way. A rural section would require large ditches to carry storm water, which would impact the Bondhus Corporation property. Ms. Spivak also questioned whether there would be access daily to Bondhus and whether the speed limit would be reduced. It was noted that the contractors would be required to maintain access to businesses during construction; however, the request for a reduced speed limit design was denied. Mr. Dan Goeman, owner of property along County Road 75, questioned whether it was necessary to replace the curb and gutter and also asked if a stoplight was planned for the intersection of Washington Street & County Road 75. Ron Bray noted that the curb and gutter is ready for replacement, as it is more than 20 years old. In addition, signals may be installed at Washington & CSAH 75 in the future when Fallon Avenue and 7th Street improvements are completed. Mr. Glen Posusta stated that the signals proposed for the hospital/high school intersection were not necessary. In addition, he asked whether Hart Boulevard would be connected in the future between the wastewater treatment plant and the Scrub-A-Dub Carwash. Ron Bray noted that the connection of Hart Boulevard has been studied but would likely be completed only when necessary for future development. . Mr. Ken Schwartz requested a breakdown of the items included in the miscellaneous assessment amount. Page 5 (j) Council Minutes - 4/26/99 . Mr. Mike Nielson of WSB & Associates reported that the construction cost of the project was estimated at $2.3 million, with the City's share to be $1,023,510. Ofthat amount, $515,000 was proposed to be assessed for curb and gutter, sidewalk, storm sewcr, traffic control signal, watermain, and right-of-way. City Engineer Bret Weiss added that due to a previously-adopted policy of assessing 25% for sidewalk improvements, Council would need to address the proposal for assessing the entire cost of the sidewalk in this project. Mayor Belsaas opened the public hearing. Barb Schwientek, Executive Director of the Monticello-Big Lake Hospital District, stated that the Hospital intends to pay for installation of the signal system but requests that the City pay for the maintenance cost. In addition, she noted that the Hospital objects to the proposed sidewalk between the parking lot and County Road 75, as it does not meet the pathway requirements of the Hospital's planned unit dcvelopment. . Nancy Spivak, reprcsenting John Bondhus of Bondhus Corporation, notcd that a letter had been submitted to the City by John Bondhus stating his concerns about the task force process, the scope ofthe project, and the limited discussion regarding the cost of the project. In addition, she noted that he was concerned about the installation of curb and gutter, which would eliminate the shoulder for use by drivers experiencing car trouble. Bret Weiss responded that the main reason for installing curb and gutter is to limit the size of the right-of-way. A rural section would require large ditches to carry storm water, which would impact the Bondhus Corporation property. Ms. Spivak also questioned whether there would be access daily to Bondhus and whether the speed limit would be reduccd. It was noted that the contractors would be required to maintain access to businesses during construction; however, the request for a reduced speed limit design was denied. Mr. Dan Goeman, owner of property along County Road 75, questioncd whether it was necessary to replace the curb and gutter and also asked if a stoplight was planned for the intersection of Washington Street & County Road 75. Ron Bray noted that the curb and gutter is ready for replacement, as it is more than 20 years old. In addition, signals may be installed at Washington & CSAH 75 in the future when Fallon Avcnue and 7th Street improvements are completed. Mr. Glen Posusta stated that the signals proposed for the hospital/high school intersection were not necessary. In addition, he asked whether Hart Boulevard would be connected in the future between the wastewater treatment plant and thc Scrub-A-Dub Carwash. Ron Bray noted that the connection of Hart Boulevard has been studied but would likely be completed only when necessary for future development. . Mr. Ken Schwartz requested a breakdown of the items includcd in the miscellaneous assessment amount. Page 5 (j) Council Minutes - 4/26/99 . Mr. Bill Fair, MCP's rcpresentative on the CSAH 75 task force, stated that the wider median would allow aesthetics to be improved with landscaping per the downtown revitalization and comprehensive plans, and would also allow additional snow storage. In addition, hc notcd that the proposed decorative lighting is actually a standard fixturc and is not an addition to the project but rather a change in style. There being no othcr public comment, the Mayor closcd the public hearing. Councilmember Brian Stumpf stated that the City was paying too much for the project and suggested that the cost be reduced to around $800,000 by eliminating the underpass, hal f of the lighting, and half of the miscellaneous costs. . Council discussed the amount of lighting proposed for the highway as well as the pathway. It was noted that the number of fixtures had been reduced to less than half of what was originally proposed, and lighting along the pathway was continuous to avoid dark areas. The usc of the proposed underpass was also discussed in conjunction with Mississippi Shores, St. Henry's development, the School District, and extension of 7th Street. City Engineer Bret Weiss explained that if the underpass was not installed at this time, the County's policy would not allow the City to open cut the road again until it has led its useful life. It was suggested that perhaps some of the items could be bid as alternates to the project, at which time Council could decide whether to include them in the project. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN TO PROCEED WITH FINALIZING THE PLANS AND SPECIFICATIONS FOR THE CSAH 75 PROJECT WITH THE UNDERSTANDING THAT THE PEDESTRIAN UNDERPASS, SIDEWALK ALONG THE NORTH SIDE, PATHWAY LIGHTING, AND SIGNAL SYSTEM BE INCLUDED AS AL TERNA TES. THE MOTION WAS THEN AMENDED TO INCLUDE OBTAINING A WAIVER OR RELEASE FROM THE MONTICELLO-BIG LAKE HOSPITAL DISTRICT STATING THAT THEY WILL PAY FOR THE SIGNAL SYSTEM. Motion was seconded by Roger Carlson. Councilmembers Brian Stumpf and Clint Herbst noted that they did not agree with including the pedestrian underpass in the project. City Engineer Bret Weiss stated that the actual construction cost of the underpass would be $115,000 with a design fee of approximately $5,000; however, he offered to reduce the design fee by half if the underpass remains in the plans as an alternate in order to allow the City to further evaluate the cost. If the underpass portion of the project goes forward, then the regular design fee would be charged. VOTING IN FAVOR OF THE MOTION: Bruce Thielen, Roger Carlson. Opposed: Clint Herbst, Brian Stumpf, Roger Belsaas. Motion failed. . Mayor Belsaas questioned whether any portion of the project could be paid with city reserves. The City Administrator responded that if some features of the project were eliminated, it may be possible to pay f:~::PTOject from reserves rather than bon(~ . 9. . . Council Minutes - 4/26/99 AFTER DISCUSSION, A MOTION WAS MADE BY ROGER BELSAAS AND SECONDED BY BRIAN S1'UMPF TO EUMINATE THE PEDESTRIAN UNDERPASS AND PATHWAY LIGHTING, AND ASSESS THE THE SIGNAL SYSTEM TO THE HOSPITAL DISTRICT, WHICH REDUCES THE CITY'S DIRECT COMMITMENT TO APPROXIMATELY $585,000, WITH THE UNDERSTANDING THAT SOME PORTION OF THAT AMOUNT WILL BE ASSESSED DIRECTLY TO ADJOINING PROPERTY OWNERS AND THE BALANCE TO BE PAID FROM CITY RESERVES. Voting in favor: Roger Belsaas, Brian Stumpf, Clint Herbst, Roger Carlson. Opposed: Bruce Thielen. Motion carried. Public Hearing-Consideration of a resolution adopting proposed assessment roll for delinquent utilitv bills and certification of assessment roll to County Auditor. City Administrator Rick Wolfsteller reported that the proposed assessment roll includes utility billing accounts which are delinquent more than 60 days and include the $50 per account administrative fee. It was recommended that the assessment roll be certified in 1999 at an interest rate of 8% as allowed by state statute. Mayor Belsaas opened the public hearing. There being no public comment, the public hearing was closed. A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY BRUCE THIELEN TO ADOPT THE ASSESSMENT ROLL FOR DELINQUENT UTILITY BILLING ACCOUNTS AS PRESENTED. Motion carried unanimously. SEE RESOLUTION 99-21. 10. Consideration of approving amendment to River Forest development agreement allowing installation of and requiring homeowner association to maintain entrance monument and retaining walls. Deputy City Administrator leffO'Neill reported that the developer of the River Forest subdivision has requested an amendment to the development agreement to allow installation of an entrance monument and retaining walls. The center island at the entrance containing the monument would be irrigated and landscaped and would be maintained by the homeowner's association. The City Planner recommended that the area encompassed by the center island be vacated and platted as an outlot with the second phase. Installation of the retaining walls was begun with authorization from the City Engineer and support of the adjoining property owner; however, it was noted that the Street Superintendent had concerns regarding snow removal around the retaining walls and maintenance of the entrance monument. In addition, he felt that retaining walls were being installed around trees that could not be saved. Mr. Richard Bloom, representing the River Forest subdivision, noted that the center island is 10ft wide with a I-ft wide monument, which should not affect snow storage; however, the center island will be shortened as suggested to improve the turning radius. With regard to the retaining walls, because the development was previously a tree farm, Page 7 (j) . . . Council Minutes - 4/26/99 the developer proposed retaining walls in order to save as many trees as possible. The faces of the walls vary from 4.5 ft to 7 ft back from the street, which should allow adequate space for snow storage. City Engineer Bret Weiss added that the developer has been very conscious of creating an attractive development and is an amenity to the community. He also noted that there have been no problems with the retaining wall on School Boulevard, which is located 2 ft from the street. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO ALLOW PLACEMENT OF RETAINING WALLS ADJOINING THE SOUTHERN SIDE OF THE ENTRANCE DRIVE AS REQUESTED, AND ALLOW AN ENTRANCE MONUMENT AT THE CENTER ISLAND ENTRANCE TO THE RIVER FOREST SUBDIVISION SUBJECT TO THE FOLLOWING CONDITIONS: 1. CENTER ISLAND MODIFICATIONS BE MADE TO ALLOW ACCESS TO THE SUBDIVISION BY CITY SNOW REMOVAL VEHICLES. 2. ESTABLISHMENT OF A HOMEOWNER'S ASSOCIATION THAT WILL TAKE RESPONSIBILITY FOR MAINTENANCE OF THE CENTER ISLAND AND MONUMENT. 3. CENTER ISLAND MUST BE PLATTED AS AN OUTLOT AT THE TIME OF DEVELOPMENT OF THE SECOND PHASE OF THE RIVER FOREST SUBDIVISION. 4. APPLICANT MUST SEEK VACATION OF THE AREA ENCOMPASSED BY THE CENTER ISLAND SO THAT IT CAN BE PLATTED. 5. TREE MAINTENANCE SHALL BE THE RESPONSIBILITY OF THE DEVELOPER. DEVELOPER SHALL PROVIDE SURETY SUFFICIENT TO COVER THE COST OF REMOVAL AND REPLACEMENT FOR A PERIOD OF THREE YEARS. 6. THE HOMEOWNER'S ASSOCIATION IS RESPONSIBLE FOR MAKING ANY NECESSARY REPAIRS TO THE RETAINING WALLS IF DAMAGED. V oting in favor: Bruce Thielen, Clint Herbst, Brian Stumpf, Roger Carlson. Opposed: Roger Belsaas. Motion carried. Councilmember Clint Herbst requested that staff investigate the possibility of installing a 3-way stop at the River Forest development entrance. 11. Consideration of request bv Bill A vdt to revise a portion of the $17,000 relocation benefit to other uses. Due to construction of the community center, two bulk oil facilities have been displaced from the site and have been offered relocation benefits. The original relocation benefit for Monticello Bulk Petroleum was established at $34,263 for fixtures, $5,000 as a legal Page 8 (j) . . . Council Minutes - 4/26/99 settlement, and up to $25,000 for actual relocation benefits, for a total package of $59,263. An additional $17,000 was also approved as a redevelopment grant to be used toward the cost of constructing a protective diking system around a new tank facility. However, Mr. Bill Aydt, owner of Monticello Bulk Petroleum, indicated that he is unable to find a suitable site to relocate his tanks and has not been able to find financing or an appropriate site to build a new facility. Therefore, he requested that Council alter its relocation benefit to allow him to utilize the additional $17,000 for acquisition of an above-ground fuel vault to be placed at the new Riverside Oil site so that he can continue his limited retail sales to local truckers. Council discussed whether the proposed above-ground fuel vault would qualify as a site improvement or whether it would be considered personal property. City Administrator Rick Wolfsteller noted that HRA Attorney Steve Bubul had emphasized that the redevelopment grant must be used for some type of site improvement. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO MODIFY THE RELOCATION BENEFIT ACTION BY ALLOWING MR A YDT TO ACQUIRE ADDITIONAL PERSONAL PROPERTY (FUEL V AUL 1') WITH THE REDEVELOPMENT GRANT AMOUNT NOT TO EXCEED $17,000. Voting in favor: Clint Herbst, Brian Stumpf. Opposed: Bruce Thielen, Roger Bclsaas, Roger Carlson. Motion failed. Original relocation benefit package remains in effect. 12. Consideration of a proposal to purchase a portion of city property at Dundas Road and Cedar Street-Visicom. Inc. City Administrator Rick Wolfsteller reported that at its last meeting, Council tabled action on this item and directed staff to place a notice in the newspaper indicating that the entire 5.35-acre parcel located at Dundas Road and Cedar Street was for sale prior to considering approval of the ofTer made by Bruce Hamond ofVisicom, Inc. As of April 22, no other proposals had been received. After meeting with Mr. Hamond and his engineer, the City Administrator noted that the north end ofthe property was determined to be the best location to subdivide lA acres with frontage on Cedar Street. Mr. Hamond proposed a purchase price of $68,500 per acre for the lA-acre parcel and indicated a willingness to increase his purchase price ofTer on the option land to the appraised value of $72,897 per acre if the Council agreed to his offer for the lA-acre parcel. The City Administrator suggested that, if they are will ing to provide Mr. Hamond with an option agreement, Council should establish a fee in addition to the sale price. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO ENTER INTO A PURCHASE AGREEMENT WITH MR. BRUCE HAMOND OF VISICOM, INC., FOR A lA-ACRE PARCEL TO BE SUBDIVIDED FROM THE NORTH END OF THE 5.35-ACRE PARCEL AT DUNDAS ROAD AND CEDAR STREET AT A PRICE OF $68,500 PER ACRE, AND TO PROVIDE MR. HAMOND WITH A SIX-MONTH RIGHT OF FIRST REFUSAL FOR A FEE OF $1,000. Motion carried unani mously. Page 9 @ Council Minutes - 4/26199 . 13. Consideration of adopting Parks Commission recommendation to shift future soccer fields from NSP/baseball complex to Outlot A. Country Club Manor. and authorization to seek field development grant assistance. Deputy City Administrator JefT O'Neill reported that the Parks Commission requests that Council consider authorizing study and potential development of Outlot A, Country Club Manor, for use as soccer fields. It was previously expected that needed soccer facilities would be developed jointly with further development of the NSP ball field complex; however, after further study and input from the baseball association, the Parks Commission determined that combining facilities would not be workable. After a brief discussion regarding other uses for Outlot A, Country Club Manor, it was the consensus of Council to table action on additional soccer field development pending further research of other possible sites. 14. Consideration of adding back terrazo floor coverings to the community center proiect. . Deputy City Administrator Jeff O'Neill reported that at the time of bid award for the community center project and prior to the $387,000 grant award, $56,000 for terrazo flooring was removed from the budget. For both aesthetic and long-term cost reasons, the small group recommended that the Council add $56,000 back into the community center budget to allow full terrazo flooring as originally planned. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRUCE THIELEN TO REINST ATE $56,000 TO THE COMMUNITY CENTER BUDGET TO ALLOW FULL TERRAZO FLOOR INSTALLATION. Motion carried unanimously. 15. Consideration of resolution approving plans and authorizing advertisement for bids - Monte hill water booster station. City Engineer Bret Weiss reported that phase I ofthe water booster station was intended to serve approximately 111 acres of residential development at an estimated cost of $281,000; however, due to structural and design changes and the recent increase in small building construction, the cost of the project has increased to an estimated $346,185. All costs should be recovered over the time of development. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRUCE THIELEN TO APPROVE THE DESIGN AS PRESENTED AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE MONTE HI LL WATER BOOSTER STATTON CONTINGENT UPON A FINAL REVIEW OF THE PLANS AND SPECS BY CITY STAFF. Motion carried unanimously. SEE RESOLUTION 99-22. . Page 10 (j) Council Minutes - 4/26/99 . 16. Consideration of response to MOAA Board regardin~ the MOAA land use plan. At the last meeting, Council tabled action on this item pending further consideration of the MOAA Board's request to remove Exhibit C from the joint agreement, replace it with the City's compromise for the land west of Highway 25 (Exhibit D), and leave the land east of Highway 25 open-ended for further study by the MOAA. Councilmember Clint Herbst proposed that Exhibit C be replaced by Exhibit D and allow the first 40 acres of the Gold Nugget property to be zoned residential, with the remaining land to be zoned agricultural until it is shown that the first phase is developed with higher-value homes as agreed. In addition, it was his view that the property should be all residential or all industrial rather than a combination. Council discussed various options for annexation and zoning of the Gold Nugget property, and the majority ofthe Council felt that incremental rezoning of the balance of the Gold Nugget property as it develops would be an overly cumbersome process, as both the City and MOAA would need to approve future rezonings with a 4/5 vote. It was felt that the City Council could control development quality by refusing future annexation requests, which could be stipulated in the development agreement. It was also noted that if a land use plan was not adopted by the MOAA, the joint agreement would expire, which would allow the City to annex per state statutes. . AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO RESUBMIT THE ENTIRE LAND USE PLAN PROPOSAL TO THE MOAA WITHOUT AMENDMENT. Motion carried unanimously. 17. Consideration of proposed update to the trails and pathwav plan. and consideration of authorization to study park dedication fee to include trail fee. This item was tabled to a future meeting. 18. Consideration of authorizing negotiations with Wright County for providinl;!: assessor services for the City. City Administrator Rick Wolfsteller reported that, due to Jerry Kramber's resignation as the City's assessor, the County Board recently discussed the idea of taking over the City's assessing duties and referred the matter to their personnel committee for further study. The County's fee for the assessing duties was estimated at $8 per parcel. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO AUTHORIZE THE CITY ADMINISTRATOR TO NEGOTIATE WITH THE COUNTY FOR PROVIDING ASSESSOR DUTIES ON A MULTI-YEAR CONTRACT. Motion carried unanimously. . 19. Consideration of reviewing ordinance amendment establishing term length for Mavor. Page 11 (j) This item was moved to the consent agenda as item #51. . . . Council Minutes - 4/26/99 20. Consideration of bills for the last half of April 1999. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO APPROVE THE BILLS FOR THE LAST HALF OF APRIL 1999 AS PRESENTED. Motion carried unanimously. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO ADJOURN THE MEETING. Motion carried unanimously. Karen Doty Deputy City Clerk Page 12 (9 . . . SA. Council Agenda - 5/1 0/99 Consideration of approving on-sale liauor license transfer-Joyner Lanes. (R.W.) A. REFERENCE AND BACKGROUND: Mr. Duane Lindenfelser has applied for the on-sale liquor license to be transferred into his name for the Joyner Lanes bowling establishment. Mr. Lindenfelser will be acquiring Joyner Lanes and renaming the business River City Lanes. In order for the liquor license to be transferred, City Council approval is necessary. Prior to the transfer being approved, Mr. Lindenfclser will have to provide proof of liability insurance. It is my understanding they will be taking over operation of the facility on June I, and the current liquor license fee is paid through the end of June. B. AL TERNATIVE ACTIONS: 1. The first alternative would be to allow the transfer of the liquor license to Duane Lindenfelser, dba River City Lanes contingent upon proof of adequate liquor liability insurance coverage. 2. Do not allow the transfer. C. STAFF RECOMMENDATION: Staff is not aware of any reason why Mr. Lindenfelser would not qualify for an on-sale liquor license, and it is recommended that the transfer be authorized. Upon proof of liquor liability insurance, an application will be forwarded to the State Liquor Control Division for their approval. D. SUPPORTING DATA: License application. . . . CITY OF MONTICELLO LICENSE APPLICATION This application is being submitted for the following licensees): Set-up license --V Off-sale, non-intoxicating liquor IOn-sale, intoxicating liquor -A- On-sale, wine On-sale, non-intoxicating liquor _ On-sale, wine/3.2 beer Applicant Name: .:[)~ It J-/nJ!/VI. k (S-fr Phone: ~9c.j- 5 ~ 9t, Applicant Address: /913 W ~u- Ave... AJ;;: trJlJ-v1l1 ~ f'. /I 0 YJ'1/v1. ~ CJ:5 c 3 & ;)- Social Security#: 47;( - to - 07iP/ Date of Birth: )IJ-/~ - So Driver's License #: L -- 53S - 155 - 07/ - 79 () Business Name: 1f ii/~ (Jet; LtJ'lIf'. S Business Address: Business Phone: MN Business ID #: Describe nature of business operation: 13(")/LJ/L/Jl/.-1 LaJ1t?~~1 ~rts Ba--r ~vt ~ 1e."-1-T~~-ver If Corporation: Officers: rutt--M _L i Nfbv1~ lsu- - Pr<.st~~ milk K PtU'"'-ne---l I - I/iee- Pre sLJle..J: Directors: Do you or does your corporation, partnership, etc., currently hold any license allowing the sale of wine, intoxicating liquor, non-intoxicating liq~)( or set-ups? _ Yes No If yes: Name of Business: Business Address: Business Phone: Type of License: LIQLIC.APP: 1013/95 Years Held: ~-I . . . SB. Council Agenda - 5/10/99 Consideration of resolution supporting the lOth anniversary of Rivers of Hope organization. (R. W.) A. REFERENCE AND BACKGROUND: The Rivers of Hope organization is celebrating its lOth anniversary this year, and they have requested the City Council consider adoption of a resolution/proclamation supporting their efforts as an advocacy and support organization for victims and survivors of domestic abuse. This organization has in the past requested funding from the City to help support their cause but, due to budget restraints, the City has declined to support the organization through funding at this time. B. ALTERNATIVE ACTIONS: 1. Adopt the resolution supporting the organization's efforts and proclaiming May 15, 1999, as Rivers of Hope Day in honor of their lOth anniversary. 2. Do not adopt the resolution. C. STAFF RECOMMENDATION: Staff recommends the resolution be adopted supporting their activities. D. SUPPORTING DATA: Copy ofletter; Copy of resolution requesting support. 2 ~\\III//~ ~ RIVERS OF HOPE P.O. Box 142 Elk River, MN 5533() (612) 441.0792 Elk River Office Sherburne County (6 J 2) ()82~6424 Buffalo Office Wright County 1-800-439-2642 Outside the Metro dialing area April 21, 1999 Dear Mayor and City Council Members; Rivers of Hope is celebrating its IOlh anniversary this year. This non-profit agency was established to advocate for and support women and children in abusive situations by providing resources, options and education to assist them in surviving victimization and discrimination. We invite you to join and assist us in celebrating 10 years of building peace in our community as we sponsor Miles To Go. . ., a fundraising event for our Wright County programs. Please see the attached information for details of the event. . At this time we are asking your council to consider passing a resolution of support to help us celebrate our 10th year of service to the community. A resolution is enclosed for your consideration. Our goal is to have all communities in Wright County pass resolutions of support. If you should have any questions, please feel free to contact Judie Rose at 682-5489. Thank you in advance for your generous consideration and assistance in making this event a success. Sincerely, ~(H 9 ()^''- [k ,h~~ Margaret Ostman, Executive Director . To Build a COln111unity Free of DOl1leStic Violence ~~ _ , Through Advocacy and Education ~U RIVERS OF HOPE tDvOCATES FOR THE PREVENTION OF DOMESTIC VIOLENCE *CELEBRATING 10 YEARS OF BUILDING PEACEFUL COl\JMUNlTIE8~' M[ l[]L 1E S lr(O) (Gr(O) ~ ~ " 1P1U[N10) l~AJ[ S 1E1~ . 3 MILE WALK - MAY 15, 1999 STURGES PARK, BUFFALO MN Registration 8:00 a.m. Start 9:00 a.m. Speciql guest Angelq Hqmpton (Minnesotq 9 News) Followed by picnic in the park \vith cOlnplimentary refreslunents, children's fingerprinting,McGruff, downs, lllUsic and 11l0rc. . Call for pledge slleets; 612-682-6424 or 1-800-439-2642 Matching funds from Ludleran Brodlerhood Branch #8402 s8.. z... . RIVERS OF HOPE DAY PROCLAMATION WHEREAS Ten years ago, the founders of Rivers of Hope recognized the need in this area for organized advocacy and support for the victims and survivors of domestic abuse; and WHEREAS Rivers of Hope was founded with the goal of building a community free of domestic violence through advocacy and education; and WHEREAS Domestic violence is the number one cause of emergency room visits by women: and WHEREAS Rivers of Hope is now serving over 1,500 individuals each year; and . WHEREAS Rivers of Hope provides such necessary services as: . a 24-hour crisis telephone line . advocacy services regarding court, housing, etc. . transportation services . support groups . community education; and WHEREAS These important services are recognized by many other groups who provide funding; NOW, THEREFORE, the (name of councilor board) hereby resolves to designate May 15, 1999 as Rivers of Hope Day in honor of their Tenth Anniversary. Date: . S"e-~ . . . Council Agenda - 5/1 0/99 sc. Consideration of Chane:e Order No. 20 for City Project #93-14C, Monticello Wastewater Treatment Plant Exoansion. (J.S.) A. REFERENCE AND BACKGROUND: Change Order No. 20 involves seven changes at the wastewater treatment plant, each ranging in cost from a credit of $8,692 to a cost of $6,611, for a combined additional cost of $6,211. The most significant item ofthese changes involved the installation of a pressure sustaining valve in the methane gas line. We are getting close to the last CPR's on the project. The Class A sludge pasteurization system is now up and running. We are also working on final discussions with the engineer and contractor on any extras they feel they may have coming. Final punch list items are being worked on and we are moving toward completion of the project. B. ALTERNATIVE ACTIONS: 1. The first alternative is to approve Change Order No. 20 in the amount of $6,211. This brings the total change order amount on the project to $472,092.50, or 4.18% of the original contract amount with Adolfson and Peterson. 2. The second alternative would be not to approve the change order. C. STAFF RECOMMENDATION: It is the recommendation ofthe City Administrator, Public Works Director, and HDR to approve Change Order No. 20 as outlined in alternative #1. D. SUPPORTING DATA: Copy of Change Order No. 20 and description of each one of the CPR's that make up the change order. 3 ~I Adolfson ~ & Peterson Construction "Total Construction Services" 6701 West 23rd Street Minneapolis, Minnesota 55426 (612) 544-1561 City of Monticello Office of Public Works 909 Golf Course Road Monticello, Minnesota 55362 April 21, 1999 Mailing Address: P.O. Box 93n Minneapolis, Minnesota 55440 FAX (612) 525-2333 FAXED 612-271-3272 Attention: John Simola Re: Monticello Wastewater Treatment Plant Expansion Change Order #20 Gentlemen, Enclosed is a signed original copy of Change Order #20 for further processing. Please return one executed copy for our use as soon as possible. Please call me if you have any questions. . Sincerely; 7Pl &,sSON, INe ~Z~erwey, P.E. Vice President cc: file Bob Sykes Marci Whitaker faxed 591-5413 . . ~e-I . . . HDR Change Order No. 20 Project Name: Wa5tevfflter Tremment Plant Expansion HDR Project No.: 08124-004-164 Project Owner: City of MonticeUo, MN OWner's Project No.: 93-14C Date of Issuance: 4121/99 Project Contractor: Adolfson and Peterson Date of Contract 12118/96 Contract Period: 12118196 - 10/15/98 It is agreed to modify the Contract referred to above as follows: tern No. Item and Description of Changes Contract Price Contract Time Decrease Increase Decrease Increase 1 CPR No. 168 $8,692 0 o dayS o days 2 CPR No. 184 0 $3,334 o dayS o days 3 CPR No. 185 0 $988 o dayS o dayS 4 CPR No, 188 0 $1,056 o days o days 5 CPR No. 189 0 $1,577 o dayS o dayS 6 CPR No. 192 0 $6,611 o dayS o dayS 7 Miscellaneous issues 0 $1,337 o days o dayS Sub-Total $8,692 $14,903 o dayS o dayS Difference Net $6,211 o days Summary: It is agreed to modify the Contract referred to above as follows: Contract Price prior to this Change Order Contract Time prior to this Change Order 1$ 11,749,081.50 Interim Completion Dates: February 1, 1998, March 1, 1998 and April 1 , 1998 Final Com letion Date: October \5, \998 Net Increase ( decrease) of this Change Order Net Increase ( decrease) of this Change Order 1$ 6,211 o Revised Contract Price with all approved Change Orders Revised Contract Time with all approved Change Orders $ 11,755,292.50 Interim Completion Dates: February 1, 1998, March 1, 1998 and April i, 1998 Final Com letion Date: October \5, \998 The changes included in this Change Order are to be accomplished in accordance with the terms, stipulations and co itions of the original Contract as though included therein. Date I I I Approved for Owner by: Attest Date Distribution: L-JOwner L-jContractor L-jOffice L-jField L-jOther irl~e City of Monticello agrees that by paying Adolfson & Peterson, Inc. for Change Order #20, Adolfson & Peterson, Inc. does not waive or forfeit any time extension claim(s) pursuant to Article 12 of the General Conditions Agreement between the parties. C'c -2. . . . Change Order No. 20 Wastewater Treatment Plant Expansion Monticello, MN F1 CPR_~o'I_. _.. ~ .. ,.. ., 'IOtl DIOHI1t:lr Hoor yraullY (;rtlUI1 Pu ose: Manufacturer credit for substituted floor 5 stem 2 3 4 5 6 7 Description 184 185 Intrinsically safe float switches and effluent flow meter wiring Pu se: Code re uirement modification and flow si nal connection to data hi hwa 188 189 um 192 NA Miscellaneous CPR Issues: Gray lab tops and gate controller changes I Purpose: MOdified color selection for lab countertops and selected key type controller for ates rather than ushbutton t e. Total CO No. 20: Original Contract Amount: Change Order No. 1 2 $11,283,200.00 $0.00 ($4,687.00) $4,839.00 $10,376.00 $10,635.00 $12,682.50 $39,982.00 $25,64300 $000 $37,047.00 $59,201.00 $25,074.00 $0.00 $23,174.50 $56,041.00 $32,024.00 $95,542.50 $20,240.00 $18,067.00 $6,211.00 3 4 5 6 7 8 9R 10 11 12 13 14 15 16 17 18 19 20 Revised Contract Amount: $472,092.50 4.18% of original c:ontract amount $11 755292.50 ~1Qf1 Amountl ($8,692) $3,334 $988 $1,056 $1,577 $6,611 $1 ,3371 $6211.00 ~C-3 ~~ Council Agenda - 511 0/99 . 5D. Consideration of a reQuest for Conditional Use Permit for a Planned Unit Development within the B-3 Zonim! District and a Preliminarv Plat to allow outdoor vehicle sales and associated automotive service uses. Applicant: Monticello Ford. (N AC) A. REFERENCE AND BACKGROUND: Monticello Ford Mercury has requested approval of appropriate zoning permits to allow the expansion of the Peterson Ford site at the southwest corner of Trunk Highway 25 and Interstate 94. A Planned Unit Development is applied here, as the existing building will be remodeled for LIse as an auto body service facility, perhaps an independent operation. The new building will house the expanded Ford dealership operations, as well as other related uses which may also include contract or leasehold businesses such as rental or some type of auto services. All of the proposed uses are traditional automobile dealership uses. . The applicant's site plan illustrates a much larger building south of the existing building. The site would be extended to the edge of the new Chelsea Road extension and would include a new vehicle display area on the south third of the property. With the acquisition of the new parcels, a Preliminary Plat is also required to combine all of the properties into a single parcel. Planned Unit Development - Land Use The proposed land use is consistent with the Comprehensive Plan and is in conformance with the B-3 Zoning designation applicable to this parcel. The site plan indicates that there will be display area throughout the site. However, separate areas have been set aside for customer parking adjacent to the new building and employee/customer parking along the west border of the property (Sandberg Road). Both the display and the parking lots are to be paved with bituminous surface and surrounded by curb. The Zoning Ordinance utilizes a minimum tree planting requirement based on the greater of (1) one tree per 1,000 square feet of building area, or (2) one tree per 50 feet of perimeter lot line. This results in a minimum tree planting requirement of approximately 48 trees, half of which may be credited by applying other landscaping elements such as shrubs and flowers. The landscape plan illustrates 2 existing trees and 24 new trees, as well as shrub planting areas around the building and in the most prominent locations around the site, such as entrances and display areas. The City Council is to consider the adequacy of the materials proposed in place of the 22 additional trees. . The Planning Commission recommended approval of the Conditional Use Permits and the Plat. Of greater discussion before the Planning Commission was the sign package proposed by the applicant. Consisting of 4 pylon signs (two more than now exist), including an electronic message board sign, and more than 600 square feet of sign area (well over the 300 square foot threshhold), the sign proposal required several variances. 4 . . . '" Council Agenda - 5/1 0/99 Finding that the Trunk Highway 25 project had created a significant impact on the business, and particularly the access, the Planning Commission approved sign variances for all of the signage with the exception of one of the pylon signs. The electronic message board sign was approved with a condition that the sign did not show animated movement or flash. Staff s recommendation was to require that each image must stay on the board for at least three seconds to avoid the flashing or the impression of movement. The Planning Commission also directed stail to proceed with recommended Ordinance amendments, which would address large sites such as this one, and to allow electronic message board signs with regulation. B. AL TERNATIVE ACTIONS: Decision 1: Planned Unit Development 1. Motion to approve thc Conditional Use Permits for a PUD and outdoor sales, based on a finding that the site plan meets the intent of the Zoning District, and all performance standards of the Ordinance are complied with. 2. Motion to deny the CUPs based on findings to be established at the hearing. 3. Motion to table action on the CUPs subject to additional information. Decision 2: Preliminary Plat 1. Motion to approve the Preliminary Plat based on a finding that the proposal is consistent with dimensional requirements of the B-3 Zoning District. 2. Motion to deny the Preliminary Plat based on findings to be established at the hearing. 3. Motion to table action on the Preliminary Plat subject to additional information. C. STAFF RECOMMENDATION: Staff believes that the site improvements shown on the applicant's submission illustrate an appropriate level of development for the site and the use. Subject to the review comments of the City Engineer and other City staff, the Conditional Use Permits and Preliminary Plat are both recommended for approval. D. SUPPORTING DATA: Exhibit A - Site Location Exhibit B - Site Plan 5 " sl> - I . LOCATION EXHIBIT A - SITE ... - ~ s .. t! ::. .oj. It ~ ~. .. . ;c B-t . . l!( i' 1~li iI.~ ~ j . : ,: :e~ 1 : ii 7 ' "'lI I ~ l i i Ii ~ ; :eo.. ~~ . riw - - "'0 '- ~~ '" Slil l' 3: ." joa 20( i! ~'! ",'''' ~.. [: _J: 1'.1 , 1: ,! 1 ~. Ii ~c~ n '. '" " . ~; it ,.,' 'i '0 h '<;. '. '-' n ... ! ,I. It , i: ;l: Ii : ! ~ i , ~ ; I: I' 51 ; ! : (iI' "~~\I I! I j : :.. \ illl It : \ ' 'I I . ;.1, I~ I 1'1 : ; . I, I .1 ~ I iu , ; ~ ~ \I . , lIt ' ! : :, l!' . . m (~;'. ' . t , . I Ijr \ \ ~ II II " , . . h I '. " .'1 , '. .. I , I " ;, : ! , . . J""! ~ I: ." " .~/I'I~ ' j , ',;11 i:d ~ l' ,'.ut jI~':.:. "i, , .{,.~~~.~ r.~\i :.: .. z. , : ~ ~ ~ ~ i"''' 'I' ~ '" .',y. ,~ ,. - " ~l i ! . ! i , 11 :;; H:t ,:.; ,li l' . 0:~.~; : ,- " n us,,~'f'II'~~~ ..--,.--"!",:~----- - ---- ," I..... · .. .... - . ..... . . C I". ~ i\~1 ~ I: ,., \ "1"'1 I, Jid I,.: I r : \., I!~ I' I \ . \ I' i 1\ \ ~~ i, \ i,..1 \ f5\ I \ -!\.+ I I '\ .: ; , I:~t .. . \: ; r t' ~ ~~ f \. 1 '''1', I " I I' ,1 I I I ,: : I' .~ I 'J \. 1!.I,h I I' . , " I . i ~: !. .;..~~ 'T .t...~.. \.. ~ -\.....L ,~t :JJd I I: '" I i \ tr: I I \ It., ~ . · . 0 I I ~ . I t Il 1" t , I' 1 . I lit, 1- I I I 'tI' f I I .. . "'1 I I '.' I t'i . J . ," .,. : 0 r I. I' I' '.3. . ." ' \ I!, kIll: !:::nll.ll:'i: I: . . . ... 1'- , . I: ,..",- \ .. ... g~ ii ...~; Ill; 1'1; u'" U .._ ::at: =~ i........... .. iiiB~11 I<~ ~,.. .. "&I Miili'''' iie~a~~g;( ~a;liiii~!lo .11:. .>....;1.... i ,. : t '0"1 R, \ Hal I I ~l 11 ~. \ : " , " .....- .---........ ....... ~, ............ .......... ........ ....,...- ..... ."':~'~._.:. .. _:::-:--........., .t' ___. . -- .... ...........' EXHIBIT 8 .. SITE Pl L\N . . . 5E. Council Agenda - 5/1 0/99 Consideration of a Conditional Use Permit for a Planned Unit Development in an R-2 District. Applicant: Little Mountain Limited Partnership. (NAC) This item was placed on the consent agenda; however, there were a few residents at the Planning Commission public hearing. At the Planning Commission meeting, it appeared that concerns may have been satisifed. However, this may not be the case, so Council may wish to take this off the consent agenda to take additional comments. A. REFERENCE AMD BACKGROUND: Little Mountain Limited Partnership has applied to develop the north 4.8 acres of the "Klucas" property along West River Street. The proposal consists 01'28 townhouse units, allowed in the R-2 District under the Conditional Use Permit process. Because the units will gain access via private driveways and not direct public street frontage, the Planned Unit Development process is required. The project is being reviewed as a concept stage PUD. The intent of concept stage review is to raise issues and provide public comment, facilitating more detailed design on the part of the applicant. Marvin Elwood Road provides access to the property along its northeast boundary. The development plans illustrate a new city street intersecting with Marvin Elwood Road and extending to the south into the remainder of the property. The townhouse project is proposed to have two driveway access points, one from this new street and one from West River Street. Internally, the private driveway loops around three-fourths of the project, providing access to the individual building unit clusters. The development itself consists of four 6-unit row house buildings, and one 4-unit building. This results in a gross residential density of about 5.8 units per acre, or about 7,500 square feet per unit. This is in excess of the minimum lot area per unit requirement of 5,000 square feet per unit. The units are arrayed around a central courtyard within which the developer proposes a play area and sidewalk. The units themselves consist primarily of three bedroom apartments. One of the units is developed to serve as a live-in management office as well. The floor plans submitted with the project indicate single car garages are attached to each unit, with an additional outdoor parking space for each unit outside of the garage. In addition, there is a supply of visitor parking spaces scattered throughout the project. bsues 1. The proposed city street will intersect Marvin Elwood Road at a curve. The City Engineer should comment on the acceptability of this location. This street will also necessitate a unique additional screening requirement. Its location borders the rear lot lines of an existing single family neighborhood. The proposal 6 Council Agenda ~ 5/1 0/99 . illustrates a berm with evergreen trees planted to help buffer this new street from the existing homes. More detailed landscape plans will be reviewed to ensure an adequate screen. 2. Development ofthe remainder ofthe parcel is also an issue. The new public street would provide access to the south portion of the property. It would appear that the new street could eventually loop to connect with Prairie Road, which is platted but unbuilt on the south boundary of the property. A concept plan illustrating a reasonable development of the remainder of the parcel would be advisable to ensure that this development will not leave inadequate access to the undeveloped portion. Although not part of this same property, an illustration which shows how this project might be integrated with development on the property to the west would also be beneficial. Although land to the west is zoned industrial, there is a natural grade and tree buffer which separates the actual industrial development and an area of open land adjoining the subject property. It is conceivable that development on that open land would be better suited as residential. The illustration suggested here would be to show how that open land might be integrated with this development in the future. . 3. The project preserves a significant amount of open space, primarily in the interior ofthe development. There would be an excellent opportunity to provide an attractive landscape treatment to the front boulevard areas along West River Street. As a PUD, this is an area where the City may request an enhancement to the project design. 4. It would not appear to be necessary to require sidewalks along the driveway access within the project. However, a sidewalk along Marvin Elwood Road and the new public street would appear to be a positive element with this project. The Planning Commission voted to recommend the Concept Stage PUD, incorporating the above discussion, as well as certain other considerations. With regard to the new road, at least two options were proposed. The first would be to straighten the street extension to the south and reconstruct the intersection so that Marvin Elwood Road creates a right-angle intersection. If the road remains in this location, this alignment is preferred by staff. As a part of this plan, the single family neighbors to the east are concerned about access and impact of the roadway adjacent to their rear yard line. Additional screening, including landscaping and/or fencing, could be included in this area to mitigate these concerns. Maintenance of this landscaped boulevard could be attributed to the proposed development under the PUD agreement. . In the alternative, the potential for placing this access road along the west boundary line of the project was also discussed. This location would have the benefit of eliminating the creation of "double-frontage" lots along the east line and would provide better access to 7 Council Agenda - 5/1 0/99 . the undeveloped portion ofthe Electro Industries property along the west line. However, it would create more street length, as well as an additional intersection with West River Street. The City Engineer and Public Works Director should comment on the street location issue. B. ALTERNATIVE ACTIONS: 1. Motion to approve the concept stage Planned Unit Development subject to consideration of the issues mentioned in this report and others identified at the public hearing. 2. Motion to recommend denial of the concept stage PUD based on findings to be developed. 3. Motion to table action on the concept stage PUD subject to additional information. C. STAFF RECOMMENDATION: . Staff recommends approval of the PUD concept plan, with the comment that the issues mentioned in this report, as well as others identified in the City's review process, are addressed in the next submission stage. For Development Stage PUD, the applicant will need to submit full grading, drainage, and utility plans, and a well-developed landscape plan for the project. The area-wide concept plans mentioned in this report should also be forwarded at that time. D. SUPPORTING DATA: Exhibit A - Area Location Exhibit B - Site Plan Exhibit C - Building Elevations Exhibit D - Building Floor Plans . 8 ~~ ......... .: . , . . . ... ......"'..........1.'.........,.. I .. \......... ....... ., . .~~; .111........ - -" - 39" 1t7T",~r NIl: I . ~T- ~ Creek . .. ~ . . . . . .. . . . I . .. ............,... ........... '. ....; "') ~y . ,,;, EXHIBIT A - SITE LOCATION - . - "=" 5/1 0/99: JO & RW- Brad Larson called about tonite's CC meeting. He requested that if item #5E is removed from the consent agenda for discussion, please table it until the 5/24 CC meeting, as he has to be in Minneapolis tonite and cannot attend the meeting. Karen I EXHIBIT B · SITE PLAN ......,.:::;:~~~ ~~~~ I ~h;IPhll I ;':I',il~"" · .llli,'] ~ . I . I" · I. . 1I I ... / ..... ,,'----. -,". l-_ .. ---- .... "1'- - .. I. - - - ... &) . I ! ~ I , .... . ..... I + - ! . I I . . I I . . I II , i i i ... 1 t :;.""'-..... -,..... c&! z <9 ~ \1 0- ~' 11..1 ':- ~... _'t ',\) ~ ~, i.' ',. . .... ..' 1, :.... 4 ..~'" '. . . .\..' 11,'.':' " , . "/~":':"~; . "-:. . .'~' . . ': "::;<;'~~.~< ... ,,: . '.'t i>'t'/,." .. ,," .", '. . ~... . :.'. I., ".' II ...,. )". . .,1 . . ' " .:.' . .. . .' . . ..' . .' .. ., , . . .... " '. . - '. . ',,10, t',: ... :.':' .', .:. ~. I I -;"t;"-7:fT':~"~';f- , . ! : l;r.~' ~r \. II- I f.-l..L.. 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Jlij~}llmd ~J ~~--~=-. - - '~- .." .-. . lll\lp .rfJ~~I~~1\-r - . I ; ; ..j ". 'I , I' "\ I" II l .1 :: -- .J ~j il P';:T'l .' D" "-=1"'-"'''0"'1 I I ":.L; ._L.. --1-_ I I '1" -f I' I I I' , I Iii' I 1 ':".:1+':21 I \l~. .... .', r" 1 L.._~I_'-I. :,-------- --= l~r---- -' IiI ----- · _..... 1 ~ ~E~ I ~ ~ft_ ,-- -- I:' - --, L'-"'-'- I i-EXHIBIT C - FLOOR PLAN5 J 9 ~t I, f~ . , I/' ., \. 1\- I.. ., (" ~ I r, \. ." , ' ,. . .. i I, ') ., ... ~ ~ " " ~ . I " ~ C'I tI \!) z 5"1 .J ~, ::;' [j) ,I. ~ ~ ~\ ....1 D. 'I) r. It. '(\ 0" o l, ....1. u.. ~ :.. \-:., ~ ll)~. ~J 11. ill ~- n !~ .. r --.11 '. '. '. " " 'I ..'11 " " " " .. " " .. " " " " " " " .~, " :. " " " I ~ :. ': '. :1;, /I I' " " " :: " " ., " /I " " " --I~1 " ~ : : ~ n ~. :; ;t II."} :: ~:I _I,', " " " II " " " " II Ii !i ~ ... :\' ;1 .' ~'] I' " , -- .~ 11 ; ~}~ , " '" 'I ,J /;" :: ~.( ~1~.1 __.... ~. i. "I'" ~ ~~ 1_--'1' II','.~~'.-i 11.. . :~,~. ,1.__.., -.J I~,'~'i' l / btJ ~,f ~ ; (~ \Il!i ~ ;, I. . ""':::I~'ttitr:~' 1 , ,,,., ~'" '[~I ~ ' ,~,,~::!,~r;fmJ' - '. ;:f.4~,,:Ji~~ '. 1 ~~ I . ".1 ....i.~1~1l."1. ~ I l!l '" ,'~" ~ ";r"'~,. "~II~~ : , . ",!.~,\.:t~ ": . '---'~I I ii '~~':' I' (,(t,\!'.' ;Ii'~' "j \ I~i~i . . I I ji" (,,~, ;~ :: ~ ~~ '( i.' ,:i, , \ I I jr ii""~ !" I "", ,,' , I ' ~ . I l l.!ii1~'~;:"{~ 1;;:'.1;,1 ~. ;..: ~ II, t:~'i.~!b.~~~.1 '. ~ :;;..~'~' ',,,, .,,' ". 11..1:1 lJ' m 'r-".{ ~.,~~ .~I~) .:1. ~~~~OUI . I , : ,L_.. 1 CD" ijJli I p,m!1 I CCtitb i~ .L._.. ", , I I :' em.: 'ffffi'~'::": . I' I I I : :., ' i ,:':.' , I ., F'~! ., i "'-1 -Pi , i',riC' ~l~ ~I" .. I' ~" ~~ i rJj frill i1 -; / I......., IIC' . ' li;_ .' CQ I _ , . l ". I' 1 " i' ~: \0 F.'i'!"'l ~'';:''(T i \ ~ ~ '1) \ [I:~ ; ,i \ I'" .. 1, .n ",'n ~ , ~~ :co Em L · - I \i It '" "I , "1 , , . . . . I" , \'1 , ,~f I) ~ U ;: ~. II '/ ":: 9 " I " "l " > .rl I " I' ..I :" ~II :: ~~ .' N ... ~~ ; , ,,., ," ," '" ," .11 " II " ,H " " " II " 'it Ii " ." '" '" '" '" '" " ~ I I ", :n . , . , , :.: , , , , ,i " '11 '11 " , '" ., 'II ", '" ,. '" 'II '" '" ." ." " " ." ," ilr '" '" '" I~I ~ ,,' 'II '" '" '" '" ", , , . , , , , , , , ,. . , o1h q '> , ~ , . . II . . ... . , U' ., , , .or J , ~:..t . I , I. _~... 'I II I, " " " " ~l M I R MI .' "1i II' , III " , II II II /! :: () II I j !~ ~; '.' I' 1.1;. II \'111' -II l,t. ':1"1 h \<41 II .\.','" ! i- : ~ .,i:rt :; {.... J~,:: I: ..f!;lf I .: (;:;'~~ i 1'1 II I ~ II ~ : : CI u '. ,. f . ... ''''.''j \ I . . , \'''.1 -", ,. iI, ~~ iC ~ I-"t~~r ~l '~l \~'Il , l~ rD~"'}"'~~ ',' ~J . L!"..i " III.~ 0 " oJ, I . '! ,. I I I I "~f I' : II ]~1 :' II ! It. ~~ !: 1 \ ... " ,? l rnll: rm-:: ,.~. ~ ~J;~r ~rr]~fl!:~ ! I. ~" : I [fB1 . ~..t,' . I ,..~ il :: '! : ,I _,.~.. ,1 .. . . :.. d~: , (0 ". II i ; , I l' /. ::j\ ~. /1 ~r' f' "I",' '! l;I~\~i i ( -:~: ';Ill I...." I I ; -rr; :: 'W'I . I, :~ ~h \0 (fffi' I' ~t[ ... "'1 ..... J ,--'f. II.. . ,. ;;': I :. ,.' I: i i i ;: ;,': , . J.. 'j ,I, ;: I" '0 ~ ,.1 "1'" 11\ ;",;.J .Ll.~.j ~ :~ :' :: .' ..(..... .. i: ;: h~ I: .~ ~~ .., f' , , ,. " 1 .' .- : : I~ .r: ....... 1,1' . . . 1",0, .; ~1a.1 .1 (\.,' " ,('" l. .. ,r., j-1 ~~ 'j :J~:l:~!\'~,: I, E t:+!~(l; : ~ j' 'I""'ll,~ ," -I .~i:f~~ii , ... j'"".','.' "r~' -7.-..-1 . t ,:~"~'~ ::I~~~It>';~liir,; " t~kt"OI''''''''~''W 1',' '.:: .,~,' ,,:,t!':~'F:;~rri: : ~ """it 1:1: ' ~..: ,. " ." " ll,c.:.:'::;;;';':f 1._...."....:. .( '.,'''':''1' i~~. ,:..j.[:ki~:;; u' ~~ .,,_.T:l ":~~~~,,, " '~,:'!.....' " : I:.:~i~/"~:!; 1:85trJ;J'I: " i:l:J.~i : : . ~ I 1, : : I{~:I! . '~1'~' :; i j .. /.",~ ,,,', ' '[8""'-'" , , .;!!~, .,:jil~i tIT" r. ''1,'' 't':" , '1(';,., ; I 1.1 I ~ . , L ' " ;~ "LfUW,'j : I II' ; .... 1t' ,', I ' .JJ.." ! I rem r.B ;:, . . ~i~: :l:t~-i; ld-:J I ttITI! C : I":~' I . Inn, OJ: i~i. . '.~ Il~j.J.!. . ,:. ."EE;'~" ~ i~':::';t: ~I:, ;: Isi::l)Y:," 1:.M I' :; ~.::;~ ~ :: ;'11 :'''m"!:,i:'::~~,~ (j:l t...~. f\...~' ..'\' . ". ~ r.l I, ~I' I " : I ,; ~, "'1 "', ' .'. \. ~ \. .,' .. ;:1. '1!r::r;J1'" ~ ".' tIJ [;~Fti\i :1: af ~ : ;;. . Il..- -~ ! , I;. \J:!~! jwqll,_' ~ , b-;.! ~ti+~,1 I (f/I I,: \,..,.." 'r j~1 : i"rl . fW .:. I' /, 't i~," t.r~ :"' ~1 t ..,.: It EXHIBIT D ~UILDINQ ELEVATIONS ~~~' I : l.~ I -::::~"R:.: : ~~'.',:'.~'..: '\ c!~' .:: I. 'I~ )11.,i I':"io ....~r. . I'I~~ I ~ ! I " ~ ..; . , I ;, " I, I \ , I: . . . Council Agenda - 5/1 0/99 SF. Consideration for approval of Conditional Use Permits for ioint parkin!! and building heif:ht in excess of two (2) stories. Avvlicant: Comfort Inn Motel. (NAC) On Tuesday, May 5, 1999, the Planning Commission conducted a public hearing on this item and recommended approval of the proposed zoning ordinance amendments. There were no comments in opposition. A. REFERENCE AND BACKGROUND: Comfort Inn has submitted an application for approval of two conditional use permits (CUP) for property located at Lot 3, Block 1, ofthe Silver Fox subdivision, which is at the corner of Chelsea Road and Oakwood Drive. The subject site is zoned B-3, Highway Business. The proposed development of a 52-unit hotel is a permitted use within the B-3 district. The first CUP is to allow joint parking with the adjoining hotel (Best Western) to the west. The second CU P is to allow the building height to exceed the maximum height of two stories. The proposed building is three stories in height. The proposed development is consistent with the Comprehensive Plan, calling for commercial use. The hotel is a permitted use provided there is a minimum of 500 square feet per unit oflot area, or 26,000 square feet. The lot area of the subject site is 71,932 square feet, thus being a permitted use. Setbacks in the B-3 District are thirty (30) feet front and rear yard, ten (10) side yard. The proposed setbacks indicated in the plans appear to be in compliance with the B-3 District. As stated above, the applicant is requesting approval of a CUP to allow joint parking between the Comfort Inn and Best Western (adjoining property). The combined parking totals 191 spaces. Based on the parking requirements for hotels and for restaurants established in the Zoning Ordinance, the two sites require a total of 180 parking spaces, therefore, meeting City requirements. Under Section 22-1 [D] of the Monticello Zoning Ordinance, the Planning Commission shall consider possible adverse effects of the proposed conditional use, based on the following criteria: 1. Relationship to municipal comprehensive plan. Comments: The proposed development is consistent with the Monticello Comprehensive Plan, calling for commercial development in the area. 2. The geographical area involved. Comments: The joint parking would be advantageous to the site and adjoining site 3. Whether such use will tend to or actually depreciate the area in which it is proposed. 9 Council Agenda - 5/1 0/99 . Comments: The proposed joint parking request, along with the proposed hotel development, will not depreciate the value of the site and surrounding areas. One of the criteria required of all commercial development is the planting of trees. The standard requires one tree for each 50 feet of perimeter lot line. A revised landscape plan should be required illustrating compliance with this requirement. 4. The character of the surrounding area. Comments: The proposed development is consistent with the existing character of the surrounding area. 5. The demonstrated need for such use. Comments: The area to be converted on the existing hotel/restaurant property is not intended or required for any other use. The proposed hotel property needs the additional parking to meet minimum parking requirements. The applicant could have the existing hotel/restaurant property split and transfer the title to the proposed hotel property; however, for the convenience of the applicant, a joint parking CUP is being requested and essentially accomplishes the same thing. . The maximum building height for buildings in the B-3 District is two stories. Section 3~4 [ A] 1 of the Zoning Ordinance, a three-story building may be allowed as a conditional use contingent upon strict application of a requirement that fire extinguishing system be installed throughout the building. The CUP is based on procedures established under Section 22-1 [D1 of the Monticello Zoning Ordinance. The Zoning Ordinance indicates that a three-story building may be allowed through a CUP provided the entire building is equipped with a fire extinguishing system. As a condition of approval, occupancy of the bui Iding is contingent upon compliance with all building and fire codes including a fire suppression program. B. AL TERNA TIVE ACTIONS: 1. Motion to approve the CUP to allow for joint parking between the two facilities and the CUP to allow for a three~story building. This motion should be supported by a finding that it is consistent with the direction of the Comprehensive Plan and complies with the criteria approving a CUP found in the Monticello Zoning and Subdivision Ordinance. 2. Motion to deny the CUP to allow for joint parking between the two facilities and the CUP to allow for a three-story building. This would be supported by a finding that the Planning Commission does not feel the criteria to approve the CUP is satisfactori Iy met. . 10 Council Agenda - 5/1 0/99 . 3. Motion to table action on the CUP to allow joint parking between the two facilities and the CUP to allow for a three-story building, subject to the submission of additional information. C. STAFF RECOMMENDATION: Staff recommends alternative #1, approval of the CUP to allow for joint parking between the two facilities and approval of the CUP to allow for a three-story building, based upon the following conditions: 1. The Planning Commission finds that the criteria for each separate CUP application is satisfactorily met. 2. The applicant submits a Landscaping Plan that indicates the type and height of trees to be used on the site, subject to the review and approval by the City. 3. The proposed cul-de-sacing of Oakwood Drive is subject to the review and approval by the City Engineer. 4. Occupancy of the building is contingent upon compliance with all building and fire codes including a fire suppression program. . D. SUPPORTING DATA: Exhibit A - Site Location Exhibit B - Site Plan Exhibit C - North and South Exterior Elevations Exhibit D - East and West Exterior Elevations . 11 . 0 ;5 co -' '" ... -J " '"' UJ I 0 - l- Z 0 :e u. 0 ,.. ; ;;I > CO u .... !e .. 0 i: , . . ~ I . ~I cH EXHIBIT A: SITE LOCATION ~F-I G:,j!)1 :'''/11 ~"/f '.N ""11 ,,,,"U AUVNJW1'IlUld . NV'J.I ~U1S :""'""111"'11. ;'/I1.L tfl.......!: '.h" :-",", .U,.,=~'''f~~;,~4.~.''U 'I~ "lllu"'U",, ~"..~IIIItt......'" lue Slr:Krllnll >l?lll.:l'll)l-OIV JO ~IftIS ~'11 10 50\\111 ~Ill ~~plln l>>1"PlV P"-'",S,lbU 'Inp " WII I 111'1' PUll "Of$JA~adns PUlP .eta ~"pUn ~O ~W ,cq p.........d R~ .oI.,d"", Jft 'UtJf'~:I!Jp3chi '''''Id "'II 1"'1' 'J!IJU "'I.l.I~'I I :illfmNI,n!,u,I .IIIIIIM VJ~)"~NNII~ 'IlTI:t;)1J.N,,11/ NNJ JJIO.:lWO.J ~~... ....w. . I:::: ~~E tE'i~ ~~ ?r:~ ,:::::t I!; ~~ '=@ de" ll!!!.1~ ~-, @,7J) -~ - , 0- ... g -<: '"' ~ w is E HI I B: SITE PlArN z < ~ ~ ~ ~9 ~~ 00:. :c: ... .-.. ...n.. 0:: o ;.r. Sf-1- It u.ttt-t fO:," :11-., 1m:1'1~'f,"~':l~~'V~'~ .;;::. ""'-U'A ",""a:) 'ti'""M ~t c~z '''N ':l.1I ,..'" "o'(t; : 'l"U . . ~(TIIl1\' ", SL7i1'Jt~ 10 ~I.IS ~IlI Ja ...., Jill J.lpUn p.'!""'V ...".,,<,9"1 ~Inp " U/II }..." pua ""!"!,,,,.el... I....~l' IV J'pan ..., .... ,(q p...dJJd ..... lJoel., JO '"o!l"-'!1!:"'d~ 'ua,d "!'lll"'l' ,(JI~ ~q"">1f , SN~~VA3ll1 uOllrum I :>m.l. "~OS3NNII1 'WI"I:".lU.Nm, NNl UIOIIWOJ ..~",nN P:I!IU" .IIIIIIM .f: :1 " '.:, n I! P J, . 'lJ !Jo .. :rJ. ~n ." " -.H II " " ...1' .l.r\ " : ~ tl :' n " " " II t: :! ., 'II ., , , " I " :.: Ii 1.1 II , " , " , " " I! " : II I -,-rU II f:l! - , I :1 II n " II II ,I " II 'I :: I: " .In' . I " II 'I I, " ..u z o ~ ~ -< >- ::s ~ == ~ 9 la Z~ ~ ) f-i ~; :;:1 1.1" ~~ .-n I' 'I I, it il .1Y II ,I II II I: I; 'i' II ,I Ii II II 'I --H Ii :1 " '! " II I' l :;~t " _~}w -~iJ ,-- II '--- I, II J1 -i~ ::1~ il I' :i " :, II . " -+4 -+'l !n l~ ~ : ~ :~i. I~.f; : j,,., ti, I ~(..~ IV A', . II :: on ,I :i .-u ,;:; ~~2 _.....c-' LLlL, G,"l ~&! ~,.-, ("'....; lIt) ~IB s::; r"J ~@ cf-~ ~ I1JIII@ ,....ljI1!1.., ull,......, @!. (~ "7' ~~ " z ~ ~ < >- ~ ~ ::z= ~ P';l O~ . ... ~ .~ . , ; I EXHIBIT C: SOUTH & NORTH EXTE lOR ELEVATIOrJ ~ .10 c: 'oN "'U ....N "''IS I ~lla . . lIJ.t1h'll"'f'/Il'Il .O,..:UU....OI1 NNI.L30.!lWO:t .I8I111M ~o 'I'IS ~1I1 JO ,.... :Mil J3pUn I~I'PIV JIII.>>1ll!3~1l Ilnp 0 w. , )"'1 pU, 1I0'IJu)1jn. 13'J,,, hI J~pun Jo ~lU Aq 1'3J'"'''' ..... IJIId.. JO 'UO!I"!I!>>d. 'U'ld SlIIII..,1 "Jrl":) Iq......' I SNOJ.L V ^:i'lll 1I0nI3~~~ I EtI_I:~l:L~~i~;.~.~a..'l "" lrll'.....n.J ".I~e. '!~ ....It\ lUf sd'IO'lnll. (01.;:I'U.nouv :~"If1N 1~;..(j'J" '.. ""11 '111' ..... II Ii 1I !l il "If -~ .; . :' "~l' ...'" I , -1i " ~ ,t; .!I ':: : .: f: .. .. . . I ' ',' II . . '. .Jol ii "11 -~ m' II ~' ~F; Ii ";: II ..' Ii :": ] z o """"4 E-oc -< > ~ ::11 ~ E-l <~ ~~ D ,I J I :~ ,\1 I · ~ I;;:: ')::, (~ ('. ~~ @5~ -::,?J ~!ll!!o ~~ =r-:: !SiP ~@ ~~ ~oo. !i~ eo< ~@ ~ .,; n'" ...U " II I ::1l -'II ".: ',~: '."u '1'[", II ':! ",,~I . "I , ~: ~ ~ :... I 1 1 ,,',: -,'1 "".- II , d . :~ II , I! 'n nZ ".' !! 0 -~1 ~ .~, r:...., I! < !I > .J~ ~ jl ~ ,I r.....' ,I I'-""l 'It....... I. ~ !tOO 11 ~r;. "']:1 ~!a I", " ''''',' . !i ~ .---<J :11 JJ EXHIBIT D: EAST & WEST EXTERIOR ELEVATIONS Council Agenda - 5/10/99 . SG. Consideration of a zonin!! text amendment to allow externally illuminated proiectin!! wall si!!ns. Applicant: City of Monticello. (F.P.) On Tuesday, May 5, 1999, the Planning Commission conducted a public hearing on this item and recommended approval of the proposed zoning ordinance amendments. There were no comments in opposition. A. REFERENCE AND BACKGROUND: The Design Advisory Team for the City has recently considered an application for a projecting or overhanging wall sign in the Central Community District for 313 West Broadway, Metcalf, Larson & Muth. The OAT has reviewed the sign for design compliance with the Monticello Downtown and Riverfront Revitalization Plan and found that the sign appears to be consistent with the goals of that plan. The Monticello Downtown and Riverfront Revitalization Plan encourages the design and installation of signs of up to 6 square feet in the area that project over sidewalks. . The Monticello Downtown and Riverfront Revitalization Plan Design Guidelines arc inconsistent with the general regulations of the Zoning Code Chapter 3 (sign ordinance) which specifically prohibits projecting signs. The attached suggested amendment to Chapter 3 would allow externally illuminated projecting wall signs only in the Central Community District. Such signs would have to be erected at least 8 feet above grade and must not exceed 8 square feet in area. B. AL TERNATIVE ACTIONS: 1. Motion to recommend to the City Council that the ordinance amendment allowing projecting wall signs in the CCD District be approved. 2. Motion to recommend to the City Council that the ordinance amendment allowing projecting wall signs in the CCD District be denied. c. STAFF RECOMMENDA nON: Staff recommends that the Planning Commission recommend alternate # 1 above. D. SUPPORTING DATA: Exhibit A - Copy of proposed Ordinance with strike-out and underlining to show amendments. . 12 . . ORDINANCE AMENDMENT NO. CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTION 3-9 OF THE MONTICELLO ZONING ORDINANCE BY ESTABLISHING REGULATIONS ALLOWING PROJECTING SIGNS IN THE CCD ZONING DISTRICT. THE CITY OF MONTICELLO DOES ORDAIN: Title 10, Chapter 3, Section 3-9, Item [k] of the City Code is hereby amended to read as follows: (k) Overhanging Signs other than in the Central Communitv District rCCD]. Title 10, Chapter 14B, Section 14B-6, Item [I-I] 1. of the City Code is hereby amended to read as follows: I. Signs shall comply with the Monticello Building Codes and Zoning Ordinances relating to signs, including special allowances which may be made for the "CCD" district. a. Proiecting Signs: Externallv illuminated proiecting sillns not exceeding 8 square feet in sign area and erected at least 8 feet above grade shall be allowed. This Ordinance shall become effective immediately upon its passage and publication according to law. ADOPTED by the Monticello City Council this 10th day of May, 1999. Mayor ATTEST: . City Administrator 5(;-/ . . . Council Agenda - 5/1 0/99 5H. Consideration of an amendment to the Zoning Ordinance which allows Essential Services as permitted uses in the R-I Zonin~ District. Applicant: City of Monticello. (NAC) On Tuesday, May 5, 1999, the Planning Commission conducted a public hearing on this item and recommended approval of the proposed zoning ordinance amendments. Scott Hill was in attendance to note his concern regarding proliferation of large, gaudy signs competing for space. Please note that the new code regulates sign size and lighting so as to avoid this problem. The ordinance is supported by the Design Advisory Team. This may be an item that Council would like to take off the consent agenda for information and discussion. A. REFERENCE AND BACKGROUND: In conjunction with the discussion of booster stations as essential services, it was further discovered that essential services are not currently listed as a permitted use in the R-I Zoning District. This is clearly an oversight of the ordinance as written since no development or use could be made of any property without essential services, and the City has routinely permitted the construction of such utilities in all past development. Staff is proposing the attached ordinance amendment as a housekeeping matter. B. ALTERNATIVE ACTIONS: 1. Motion to recommend approval of the amendment based on a finding that it reflects the intent of the Zoning Ordinance. 2. Motion to table action on the amendment subject to additional information. C. STAFF RECOMMENDATION: Staff recommends approval of the amendment. D. SUPPORTING DATA: Exhibit A - Proposed Amendment 13 ORDINANCE AMENDMENT NO. . City of Monticello Wright County, Minnesota AN ORDINANCE AMENDING TITLE 10, CHAPTER 6, SECTION 6-3, OF THE MONTICELLO ZONING ORDINANCE RELATING TO THE ALLOWANCE OF ESSENTIAL SERVICES IN R-l ZONING DISTRICTS. THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA HEREBY ORDAINS AS FOLLOWS: Section 1. Chapter 6, Section 6-3 is amended to add the following: [E] Essential Services Section 2. . This ordinance shall become effective from and after its passage and publication. Adopted this 10th day of May, 1999. Mayor ATTEST: City Administrator . SJ/-I . . . Council Agenda - 5/1 0/99 51. Consideration of sale of remnant parcel to Dave Peterson Ford. (J.O.) A. REFERENCE AND BACKGROUND: Dave Peterson requests that the City Council consider selling the remnant parcel located between the future Chelsea Road right-of-way and the Dave Peterson Monticello Ford property. This remnant parcel results from the division of the original parcel in conjunction with establishment of the right-of-way. The remnant piece is approximately 1,066 square feet, and it could be used as additional right-of-way for a green space but is otherwise not needed. Peterson has proposed to purchase the land at a price per square foot equal to what the City paid, plus a prorated portion of the legal/administrative cost to the City to acquire the land. At present, staff has not had the opportunity to calculate the legal/administrative cost to acquire the land. The land was purchased at a cost of $3 per square foot, which results in a cost of $3, 198, not including the administration/legal overhead. Staff requests that Council authorize the sale based on the proposal above. B. ALTERNATIVE ACTIONS: 1. Motion to approve the sale of the remnant parcel at a cost of $3 per square foot plus the prorated share of the legal/administrative overhead to be determined. Peterson's share to include the administrative cost to transfer the property from the City to Peterson. Under this alternative, statTwould calculate the overhead cost, add it to the square foot cost, and prepare the documentation necessary to complete the transaction. 2. Motion to deny approval of the sale of the remnant parcel at a cost of $3 per square foot plus the prorated share of the legal/administrative overhead to be determined. C. STAFF RECOMMENDATION: The City Administrator recommends alternative # 1. The land is not very valuable to the City. The price offered is equal to what the City paid a short time ago, and the purchaser is willing to pay extra to compensate for the City's cost to acquire and transfer the land. D. SUPPORTING DATA: Site map; Letter from Dave Peterson. 14 '\ \ 'i \ 1\ , ~, ----- L.;..J--- -- --- I \ \ \ \.-- , ~Il ~ -A"--"".. ------ .- r J)--:~_~~- "." .,.j ............. ~ ~ ~- I o 25 50 --- ..--- -- ---- '. ",,',,' \ \ \ \ , \ \ \ \ \ \ i \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ .\ .\ \ \ ~ --- ---- Ifr-- 225 SO FT ~ NEW R/W .....,,:1 ) <" 1 1 B \. 1.066 SO FT TURN BACK o +600 IJ \"..- -iJ::. :.:>u"- + o ......,.f'f':',f',("\ ..&. WSB 350 Westwood Lake Office 8441 Wayzala Boulevard Minneapolis, MN 55426 II Trunk Highway 25 City of Monticello, Minnesota wse Project No. 1033.00 Date: January 7, 1999 612..s41.4800 of As.w<:jQto,. '1tC. FAX 541-1700 INFRASTRUCTURe - eNGINeeRS " pl.ANNeRS Parcel Layout Parcel No_ lIB t., lOJJ_OO"ow'pc'cel-l1bl_dgn r-....~'\./~ ~~+F ~ n ~ MONTICELLO P.O. BOX 68 MONTICELLO, MINNESOTA 55362 295-2056 TOLL FREE 800.-450.20ti6 iORD. MERCURY May 4, 1999 Jeff O'Neil City of Monticello 250 West Broadway Monticello, MN 55362 Dear Jeff, . This is a fonnal request that the City of Monticello sell to Monticello Ford-Mercury the remnant ofland left over from the acquisition of the right of way needed for the Chelsea Road Project adjacent to our current site. The parcel is bounded on the east by State Highway 25,on the south by the right of way for the extension of Chelsea Road, on the west by Sandberg Road and on the north by the Monticello Ford-Mercury. This area is roughly triangular in shape and less than ten feet wide at its widest point. We would propose the purchase of this sliver of land for the cost per square foot at which the city purchased it plus the prorated attorney's fees required purchasing the parcel. This would relieve the city from maintaining the land and allow the PUD proposed by Monticello Ford-Mercury to extend to the natural boundaries ofthe street. We ask that the City Council direct the staff to develop the actual details and execute the sale to Monticello Ford-Mercury. We look forward to working closely with you in the execution of our expanded facility. Sincerely, . s:t .. 2- . . . 5J. Council Agenda - 5/1 0/99 Consideration of adopting resolution orderine: oublic hearine: on trunk storm sewer imorovements relating to CSAH 75 and Trunk Hie:hwav 25. (1.0.) A. REFERENCE AND BACKGROUND: It has come to my attention that the public hearing notice sent regarding this project did not include developed properties that discharge run-off into the watershed served by the CSAH 75 and Highway 25 storm sewer improvements. In order to assess these properties, it is necessary to invite these property owners to a public hearing on the subject. According to the City's storm sewer policy, storm sewer funding is derived from a combination of assessments and trunk fees. Under our policy, properties that are already developed are eligible for being assessed at the time projects occur. There is a limit to how much can be assessed for storm sewer improvements to properties that are already developed due to the difficulty of proving a cost equal to benefit. This is why the trunk storm sewer fee was developed which enables the City to capture the cost to manage storm water at the front end when property actually develops. Under the storm sewer trunk program, properties that are undeveloped are not assessed but must pay a trunk storm sewer fee at the time of development. As additional information, a few years ago the same property owners affected by the CSAH 75 project were noticed on the Hart Boulevard storm sewer project. The cost of this project was not assessed because it was known that there would be one or two additional projects that would also need to be constructed and assessed. It was determined that it would be better to assess storm sewer costs once after the second or third project rather than every time a project is completed. It may make sense to now to conduct the public hearing, complete this second project, then conduct an assessment hearing in the spring that would incorporate the previous J-Iart Boulevard Project and the CSAH 75 project construction costs. This also is necessary for the Highway 25 project. B. ALTERNATIVE ACTIONS: 1. Motion to call for public hearings to be conducted on May 24 on the storm sewer portion of the CSAH 75 and Highway 25 project to include parcels not included in the original project notice. Under this alternative, the affected property owners would be notified of the project, which provides the City with the opportunity to assess the costs later. 2. Motion to deny calling for a public hearing on the storm sewer portion of the CSAH 75 and Highway 25 projects. 15 Council Agenda - 5/1 0/99 . C. STAFF RECOMMENDATION: The City Administrator recommends approval of the resolution. Approval of the resolution and the subsequent public hearing would provide the City with the option of assessing upstream property owners a share of the eost of the storm sewer system development. Council could, at a later date, determine whether or not the affected properties should be assessed for one or both of the recent storm sewer projects. D. SUPPORTING DATA: Copy of resolution. . . 16 . . . Council Agenda - 5/ I 0/99 5K. Consideration ofadoDtion or the River View Square develoDment agreement. (J.O.) A. REFERENCE AND BACKGROUND: At the previous meeting of the City Council, Council approved the final plat contingent on completion of a development agreement. The City Attomey has reviewed the development agreement and it is now ready for Council consideration. The development agreement features a change to the method of collecting city expenses (inspection! engineering/administration) from actual costs to a flat fee of 10% of construction costs plus a flat fee for grading review. In addition, the agreement covers City administrative costs which, in the past, have not been recovered. Based on past history, the City wi 11 be dollars ahead by simply collecting an amount that reflects actual average cost versus precise actual costs. This agreement will save administrative expenses by streamlining the billing process. Please note that this agreement sets a precedent for future projects in the method for collecting expenses. However, for larger projects, the City may need to reduce the percent amount to reflect greater efficiency in staff review. It is important that the percent of construction cost charged does not result in charges exceeding City expenses or the City could be accused of requiring payment of an illegal tax. B. ALTERNATIVE ACTIONS: 1. Motion to adopt development and disbursement agreements. 2. Motion to deny adoption of development and disbursement agreements. C. STAFF RECOMMENDATION: The City Administrator recommends aItemative #1. D. SUPPORTING DATA: Copy of development agreement. 17 . . . 85/87/1999 89:35 6123689848 HUBER LAW OFFICE. PA PAGE 82 DEVELOPER'S AGREEMENT RIVER VIEW SQUARE THIS AGREEMENT, made and entered into this _day oeMay, 1999. by and between the CITY OF MONTICELLO, a municipal corporation organized under the laws of the state of Minnesota (the "City"), and MMC Land Company, LLC, a limited liability company organized under the laws of the state of Minnesota (the "Developer"). RECITALS: WHEREAS, Developer has requested that City grant final approval to a plat to be known as River View Square (the "Subdivision"). said land legally described U set forth in Exhibit A attached hereto and made a part hereof (the "Property") which Subdivision shall consist of four (4) commercial lots, zoned PZM. WHEREAS, Developer intends to construct, install, maintain and provide for public and private streets, storm sewer, sanitazy lewer. water mains, trailwaYI, pathways, walkways, signs, grading, and drainage activities in accordance with the plans and specifications as hereinafter described, all at the sole cost and expense of Developer; and WHEREAS, the City has by resolution adopted on April 26cl1, 1999 granted final approval ("Approval Resolution'') to the Subdivision provided. that the Developer enter into this Agreement and that Developer faithfully perfonn the terms and conditiON contained herein. NOW, THEREFORE. in consideration of the premises and the mutual promises and conditions hereinafter contained. it is hereby agreed as follows: 1. Plat ADDTOval. The City agrees to approve the Subdivision as requested by Developer on the terms and conditions as hereafter set forth. The Developer agrees that the Subdivision shall be developed in accordance with the exhibits attached hereto which are hereby incorporated by reference as if fully set forth hel'Oin. The exhibits are: Exhibit B - Final Plat Prior to the date of filing the plat and protective covenants, the City. Developer, Developer's Lender shall enter into the DisbW'Sement AifCCnlent set forth in Exhibit E in order to assure the City of payment of any and all outstanding expenses incurred. by the City for platting, subdivision and other development purposes including, but not limited to, engineering, lesal, and other professional staff fees. The final plat and protective covenants must be approved and executed in accordance with City and County ordinances and filed in the office of the Wright County Recorder at Developer's expense no later than thirty (30) days after adoption of the Approval Resolution. Failure to file the final plat and protective covenants by this date shall render this Agreement voidable in its entirety at the sole option and election of the City. S-I(." I Pale I 05/07/1999 09:35 . 2. 3. . 1. 2. 3. 4. 5. 6. . 7. 8. 6123689848 HUBER LAW OFFICE, PA PAGE 03 Rquesentations ofDevetoner. As inducement to the City's approval of the Subdivision and entering into this Agreement, Developer hereby represents and warrants to the City: A. That Developer is thc fee owner of the Properly and has authority to entcr into this Agreement. B. That the intended use of the property is for commercial development. C. That the Subdivision complies with all city. county, .tate, and federal laws and regulations includiIli. but Dot limited to. City subdivision ordinances and zoning ordinances. D. That to the best of Developer's knowledge, the Subdivision does not require an Environmental Assessment Worksheet or an Environmental hnpact Statement, but shall prepare the same if required to do so by City or other govenunental entity pursuant to law and shall reimbW'Se City for all expenses incurred. by City in con- nection with the preparation oflbe review, including staff time and attorneys fees. Developer Im.provemcnts. The Developer agrees it shall construct, install, and maintain certain public improvements (''Developer Improvements") on the Property at Developer's sole cost and expense, in accordance with the following exhibits: Exhibit C - Approved Preliminary Plat of River View Square Exhibit D - Gradlnl, Street, Storm Sewer, Sanitary Sewer, and Utility Plan. Developer agrees the Developer Improvements shall be performed in accordance with the plans, specifications. and preliminary engineering reports approved or to be approved by the City Engineer and the City prior to commencement of construction and thereafter, in accordance with all City rules, regulations, ordinances, and the requirements of this Agreement, which shall include, but not be limited to, the following: Street grading, graveling. surfacing, and stabilizing which shall include curbs, gutter and driveway approaches. Storm sewers, including all necessary catch basins, and appurtenances. Water main, including all appurtenances. Sanitary sewer, including all appurtenances. Setting oftot and block monuments. Surveying and staking. Site grading and erosion control measures consistont with the landscape and the City Erosion Control Policy regulations. The City shall install street name signs, stop signs, and other traffic control signs at S- K - -z.. Pas. 2 85/87/1999 89:35 5123589848 HUBER LAW OFFICE, PA PAGE 84 . all locations deemed necessary by City. at Developer's cost and expense. Trailway. pathway. walkway and private street grading and paving as described on approved plans identified in Section 19 of this Agreement. 9. 4. Permits. Licenses and ADDrovals. Upon execution of this Agreement. Developer and other necessary parties shall promptly apply for all pennits. licenses, approvals or other documents from any and all necessary governmental agencies (which may include the City. Wright COWlty. PCA and DNR) so as to enable Developer to construct the Developer Improvements as herein contemplated. Developer shall use its best efforts to obtain the same as soon as reasonably possible. . Developer acknowledges and agrees that a per acre sanitary sewer trunk fee ($1.250 per acre for 16.95 acres). a future storm sewer tnmk fee ($5.000 per acre for 13.34 acres). and a trail development fee estimated at a total cost of $ shall be assessed against the Subdivision. Developer agrees that these charges arc fair and reasonable. The sanitary sewer trunk fee and trail development fee shall be payable or assessable in full upon execution of this Agreement. The future stonn sewer trunk fee shall be payable or assessable upon issuance ofbuildini permits for the individual lots in the Subdivision. A credit estimated to be approximately $37.000 for oversizing the storm sewer shall be deducted up front in full from the future storm sewer trunk fee. No chBlies shall be assessed for water t:runk or storm sewer laterals. If any of the foregoina charies are assessed, the minimum repayment tenn shall be ten years and the maximum interest rate shall be 1.5% over the prevailing municipal bond rate to be detennined by the City Administrator. No iIading or building permit shall be issued by City unless the plans or application are in confonnity with the City comprehensive plan. this Agreement, and alllocaI, state and federal regulations. The City shall, within fifteen (15) days of receipt of plans or building per applications. review such submittal to determine whether the fOI'Cioing requirements have been met. If the City discerns said plans or applications are deficient, it shall notify the Developer in writing stating the deficiencies and the stepl necessary for correction. Issuance of a grading or building pennit by City shall be a conclusive determination that the plans or applications have been approved as to the requested activity by Developer and satisfies the provisions of this section. The City shall issue building pcnnits prior to City acceptance of the Developer Improvements provided that the party applyini for the buildinJ pcnnit agrees to withhold requests for occupancy until necessary Developer Improvements have been installed. which include operational and tested sewer and water systems, installation of sod in the front yard. and roadway development sufficiently completed to support access by emergency vehicles. snowplows. and garbage trucks. to be determined by the City Engineer in his sole but reasonable discretion. Until such approval is granted. no building or part thereof may be occupied on either a temporary or penn anent basis. . Notwithstanding this provilion. it the Developer is in default of this Agreement. as hereinafter defined. in addition to any other remedy provided by this Agreement. City may refuse to issue a certificate of occupancy for any lot or parcel in the Subdivision until Developer cures the default as provided herein. ~"".. Pale 3 .."." ~ 05/07/1999 09:35 6123689848 HUBER LAW OFFICE, PA PAGE 05 . S. Pre-Construction Activities. The Developer or his enaineer shall schedule a pre-constnlction meeting with City to review a proposed schedule for construction of the Developer Improvements. 6. Commencement oflmprovements. Upon obtaining all necessary govenunental approvals, licenses and permits, subject to Unavoidable Delays, Developer shall commence construction of the Developer Improvements within ten (10) days. 7. Construction of Improvements. Developer shall install, construct, and maintain the Developer Improvements in accordance with the terms of this Agreement. Developer guarantees and warrants the workmanship and materials respecting such Developer Improvements for a period of one year following City's acceptance of the same (uGuarantee Period"). The Developer shall repair or replace, as directed by the City and at the Developer's sole cost and expense, any work and/or materials that become defective, in the sole but reasonable opinion of the City or its Engineer, provided that City or its Engineer give notice of such defect to Developer within three months following the end of the Guarantee Period. The Developer. or Developer's contractors. shall post maintenance bonds or other security acceptable to City to secure these warranties. . 8. lnsnection ofImprovemq1ts. Developer authorizes the City Inspector and City Engineer to inspect construction of the Developer Improvements as required by City and grants to them a license to enter the Subdivision to perform all necessary work and/or inspections deemed appropriate during the construction of the imptovements until final certification of acceptance is approved by City for all Developer Improvement items and expiration of any applicable warranty period. Inspections by the City are to be logged and reported weekly to Developer. Construction and installation plans shall be provided to City and shall be reviewed by and subject to approval ofthc City to insure that the construction work meets with approved City standards as a condition of City acceptance. Developer shall cause its contractor to furnish City with a schedule of proposed operations at leut five (5) days prior to the commencement of the conatruction of each type of Subdivision Item and Developer Improvement. The City shall inspect all such work items during and after construction for compliance with approved specifications and ordinance requirements until final certification of acceptance is approved by City and expiration of any applicable wananty period. 9. Acce,ptance of Improvements. Upon notification by Developer that any of the Developer Improvements have been completed, within ton (10) days City Engineer shall inspect the Developer Improvement and. at his sole discretion, detennine if the Development Improvement(s) has been completed in accordance with the plans, specifications, and exhibits attached hereto. . If the City Engineer dctennines that the Developer Improvements have been completed in accordance with said requirements. the City Engineer shall give the Developer written notice ~K -,'I P...4 05/07/1999 09:35 6123689848 HUBER LAW OFFICE, PA PAGE 06 . . 13. . of the City's acceptance oftbe Developer Improvements within seven (7) days effective as of the date afthe inspection. If the City Engineer detennines that the Developer Improvement(s) is not completed in accordance with said requirements, the City Engineer shall notifY Developer in writing of the deficiency and provide a reasonable date upon which to eure the deficiency. Failure by the Developer to cure within the stated time period shall constitute an Event of Default. 10. ComDletion ofImnrovements. Developer agrees to complete the Developer Improvements on or before June 15th, 2000 ("Completion Datc''). The Completion Date is. however. subject to Unavoidable Delays as hereinafter defined, in which event the Completion Date may be extended by the period of such Unavoidable Delays. For the purpose of this section, Unavoidablc Delays means delays which arc caused by strikes, fire. war, road weight restrictions, material shortages. weather that renders construction progress impossible, causes beyond the Developer's control or other casualty to the Developer Improvements, or the act of any federal, state, or local government unit, except those acts of the City authorized or contemplated by this Agreement. In the event Developer believes an extension is wuranted, Developer shall request such extension in writing to the City Engineer and specity the requested length of extension and the reason therefore. The City Engineer shall detennine the length of the extension, ifany, in his sole but reasonable discretion. 11. Ownership ofImDrovements. Upon the completion oCthe Developer Improvements required to be constructed by this Agreement, and the acceptance thereofby the City, the Developer Improvements lying within the public easements and public right-oC-ways as shown on the Subdivision plat shall become City property without Nrther notice or action. Within thirty days thereaftcr, and before any security as herein required is rcleased, Developer shall supply City with a complete set of reproducible "AS BUILT" and "DEVELOPMENT PLAN" surveys and plans in a form acceptable to the City Engineer. without charge to City. which documents shall become the property of City. 12. Clean UD. The Developer shall properly clear any soil, earth, or debris on Cjty~owned property or public right-of-way resulting from coMtruction work by the Developer, its agents, or assigns. Maintenance of Roads Before AcceDtance. Developer shall, at its expense, prepare any streets located in the Subdivision for snowplowing and other maintenance that Developer wishes City to undertake prior to fonnal ",eptance by City of such streets. This preparation shall include, without limitation, ramping any manholes as necessary to avoid damage to snowplows or other vehicles used in street maintenance. Should damage occur to City snowplows or other vehicles during the course of snowplowing or other maintenance procedures prior to fonnal acceptance of the street by City. which damage is caused by Developer's failure to properly prepare or maintain the same, Developer shall pay all such damages and shall indemnifY and hold City harmless for all such damage, cost. or expense incurred by City with regard thereto. ~J(.,s- P~cS 05/07/1999 09:35 6123689848 HUBER LAW OFFICE. PA PAGE 07 . 14. . . Erosion and Draina2e Control. The Developer shall provide and comply with erosion and drainage control provisions in the landscape plan and City policy requirements as described in paragraph 3 (7) and as otherwise required by City. As development progresses. the City may impose additional erosion and drainage control requirements if. in the sole but reasonable opinion of the City Engineer, they would be useful and appropriate in controlling drainage and erosion. Developer shall promptly comply with such erosion and drainage control plans and with such additional instructions it receives from City. 15. Hold Hannless Atp'eement. Developer acknowledges that its failure to implement the plans and exhibits as contained herein may cause flooding and/or damage to adjoining property owners. In such event, Developer agrees to hold City hannless and indemnifY City from claims of all third parties or Developer for damages arising out of such flooding and/or damages. The parties recognize that time is of the essence in controlling erosion. In the event of an emergency situation requiring immediate action to prevent loss or damage to persons or property, to be detennined at the sole discretion of City. the notice and cure provisions of paragraph 23 shall not apply and City is authorized to undertake any coaective action it deems necessary to prevent or minimize any such flooding and/or damage. In such event. Developer agrees to hold City harmless and indemnity City from claims of all third parties for damages arising out of said corrective action by City, and agrees to reimburse City (or all out-of-pocket expenses incurred by City arising out of the corrective action including, but not limited to. any costs necessary to re-Iandscape disrupted soils located within the Subdivision. 16. Insurance. A. The Developer will provide and maintain or cause to be maintained at all times during the process of constnlcting the Developer Improvements until six (6) months after acceptance of all Developer Improvements and. from time to time at the request of the City. furnish with proof of payment of premiums on: (i) Comprehensive general liability insurance (including operations. continaent liability. operations of subcontractors, com.pleted operationa and contractual liability insurance) tOicthcr with an Owner's Contractor's Policy with limits against bodily injury, including death, and property damage (to include. but not be limited to damages caused by erosion or flooding) which may arise out of the Developer's work or thc work of any of its subcontractors. Limits for bodily injury or death shall not be less than 5500.000.00 for one person and $1.000.000.00 for each occurrence; limits for property damage shall not be less than 5200,000.00 for each occurrence. The City, City Engineer, and Developer.s Engineer shall be an additional named insured on said policy. Developer shall file a copy of the insurance coverage with the City upon request. (ii) Worker's compensation insurance, with statutory coverage. 6'K _" page. 85/87/1999 89:35 . 6123689848 HUBER LAW OFFICE, PA PAGE 88 17. Security for Cost of Irrwrovements. For the purpose of financing the construction, installation. and maintenance of the Developer Improvements, and to pay all associated costs and expenses of City as described in paragraph 18, Developer shall, immediately after execution of this Agreement, execute and deliver to Highland Bank (ULender") a Note and Mortgage (ULoan Docwnents") encumbering the property in an amoWlt not less than SS7S,000.00 (which is 20% above Construction Costs defined herein - i.e., 10% for Municipal Fees and 10% for Retainage under the Disbursement Agreement). The proceeds of this loan shall be escrowed by Lender and disbursed only in accordance with the tenns and conditions of a certain Disbursement Agreement attached hereto as Exhibit E and incorporated by reference herein. Work, other than grading, shall not be commenced Wider this Agreement and the final Plat shall not be signed by the City until the Loan Documents and Disbursement AgreemQlt have been executed and certified copies thereof delivered to the City. 18. R~onsibi1itv for Costs. . c. . A. The Developer shall pay to City a municipal fee {"Municipal Fee'j equal to 10% of constxuction costs (""Construction Costs'") incurred by Developer in connection with the development of the Subdivision and the construc;tion of Developer Improvements in order to reimburse the City for municipal services (UMunicipal Services'). Municipal Services include, but are not limited to, administrative, legal, plaMing, engineering, and inspection expenses incurred in connection with approval and acceptance of the Subdivision plat, the preparation. review or revision of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting development of the Subdivision. For purposes of determining the Municipal Fee, however, Construction Costs shall not include the costs of or fees for platting, grading and oversizing. The Developer shall also pay to City a grading fee ("Grading Pcc'") estimated to be not more than S . The City shall credit against the Municipal Fee the initial application fees previously paid by the Developer for preliminary platting and zoning. B. The Developer shall pay in full all bills submitted by the City within thirty (30) days after receipt. Ifthe bills are not paid on time, the City may halt all plat development work until the bills are paid in full. City bills will be separately issued in conjunction with each draw request and will be equal to 10% of the Construction Costs included in each draw request submitted by the Contractor. The Developer shall hold the City and its officers and employees hannless from claims made by itself and third parties for damages sustained or costs incurred resulting from Subdivision plat approval and development. The Developer shall indemnify the City and its OffiCCI1l Uld employees for all costs, damages, or expenses which the City may payor incur in consequence of such claims, including reasonable attorneys fees, provided that nothing herein shall require Developer to indemnify the City, its officers or employees from any violation oflaw or from the consequences of their own negligence or malfeasance. D. The Developer Ihall reimburse the City for ita costs incurred in the enforcement of ~K.." Page 7 e5/e7/1999 B9:35 6123689848 HUBER LAW OFFICE, PA PAGE e9 . this Agreement. including engineering and reasonable attorneys fees. 19. Pathways. Trailway and Private Street. Developer shall dedicate to the City a pathway easement along the easterly and southeasterly boundaries of Lot 3. Block 1 in the Subdivision from Hart Boulevard to County State Aid Highway No. 7S to be located within the existing drainage and utility easement shown on the Plat to the extent possible. Developer shall also dedicate, if necessary. a trailway easement along the northwesterly boundaries of Lot I, Block 1 and Lot I, Block 2 in the Subdivision. unless the City shall determine that said trailway may be located within the right-of- way of County State Aid Highway No. 39, in which case no further dedications will be required. Developer shall also establish by restrictive covenant a private street for non-exclusive ingress and egress for the benefit of the entire Subdivision to be located on Lot 2, Block I in the Subdivision. 20. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. B. Third parties shall have no recourse against any party under this Agreement. Future owners of the platted lots shall not be deemed to be third.party beneficiaries hereof. C. If any portion, section, subsection, sentence, clause. paraF'aph. or phrase of this Agreement is for any reason held invalid. such decision shall not affect the validity of the remaining portion of this Agreement. . D. So long as the City uses its best efforts to review plans and inspect improvements, the Developer shall have no cause of action for damages attributable to delays in the construction and completion of said Developer Improvements. E. No one may occupy a building for which a building pennit is issued. on either a temporary or permanent basis until sanitary lewer and water linel have been installed. hooked up, tested, and approved by the City. F. The action or inaction of the City as to the exercise of any of its rights or remedies upon an event of default shall not constitute a waiver or amendment to the provisions of this Agreement as to future events of default. 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 failme to promptly take lela! action to enforce this Agreement shall not be a waiver or release as to any event of default. G. This Agreement shall nm with the land and shall be recorded in the office of the Wright County Recorder. After completion of all of Developer's obligations hereunder. at Developer's request City will execute and deliver to Developer a release of this Agreement in recordable ronn. . H. Both parties to this Asreement aclmowledgc that they have been represented by counsel. or are aware ofthcir right to counsel, and have entered into this Agreement freely and voluntarily. s/(.,r PageS 85/87/1999 89:35 5123589848 HUBER LAW OFFICE, PA PAGE 18 . 21. Prohibitions Allainst Assi~ment of AllI'eeIl1ent. Developer represents and agrees that (except for associating with other individuals or entities). prior to the completion of the Developer Improvements as certified by the City: A. Except only by way of security for. and only for the purpose of obtaining financing necessaIy to enable the Developer or any successor in interest to the Property, or any part thereof. to perform its obligations with respect to the construction of the Developer Improvements Wlder this Agreement, and any other purpose authorized by this Agreement, the Developer (except as so authorized) will not make or create. or suffer to be made or created. any total or partial sale, assigmnent, conveyance. or transfer in any other mode or fonn of with respect to this Agreement or any interest therein. or any contract or agreement to do any ofthc same, without the prior written approval of City. B. In the absence of specific written agreement by the City to the contrary. no such transfer or approval by City shall be deemed to relieve Developer from any of its obligations. In the event that City approves a substitute developer and the Property is transferred to said substitute, the City agrees to relieve the Developer of liability from performance as described in this contract. Said substitute shall assume all responsibilities and rights of the Developer under this contract. . 22. Events of Default. The following shall be "Events of Default" under this Agreement and the tenn "events of default" .hall meln, whenever it is used in this Agreement (unless the context otherwise provides). anyone or more of the foUowini events: A. Failure by the Developer to observe and substantially perform any covenant, condition. obligation or agreement on its part to be observed or performed under the terms of this Agreement, or the Disbursement Agreement by and between City, the Developer and Lender. B. If the Developer shall admit in writing its inability to pay its debts generally as they become due, or shall file a petition in bankruptcy, or shall make an assignment for the benefit ofits creditors, or shall consent to the appointment of a receiver of itself or of the whole or any substantial part of the property. C. If the Developer shall file a petition under the federal banlauptcy laws. D. If the Developer is in default under the Mortgage and hu not entered into a work-out agreement with the Lender. E. If the Developer shall fail to begin construction of the Developer Improvements in conformance with this Agreement, and such failures are not due to unavoidable delays as defined in this Agreement. . F. The Developer shall, after commencement of the construction of the Developer Improvements, default in or violate its obligations with respect to the construction of the same (including the nature and the date for the completion thereof), or shall abandon or substantially suspend construction work, and such act or actions is not ~K " Page 9 85/87/1999 89:35 6123689848 HUBER LAW OFFICE, PA PAGE 11 . due to unavoidable delays as determined by the City Engineer in his sole but reasonable discretion and. any such default, violation, abandonment, or suspension shall not be cured. ended, or remedied within the time provided for in this Agreement. 23. Remedies UDon Default. Whenever any Event of Default occurs, the City shan give written notice of the Event of Default to Developer by United States mail at its last mown address. If the Developer fails to cure the Event of Default within fifteen (IS) days of the date of mailed notice. in addition to any other remedy provided in this Agreement, and without waiver of any such right. City may avail it.elf of any or all of the following remedies for so long as the Developer is in default: A. Halt all plat development work and construction of Developer Improvements until such time as the Event of Default is cured. B. Refuse to issue building pennits or occupancy permits as to any parcel until such time as the Event of Default is cured. C. Apply to a court of competent jurisdiction to erijoin continuation of the Event of Default. . D. Exercise any and all remedies available to City pursuant to the Disbursement Agreement. If the Event of Default is the failure ofDcvelopcr to complete, construct, install or correct the Developer lmprovements in accordance with the plans: and specifications and this Agreement, City may perform the construction or work and apply to Lender pursuant to the Disbursement Agreement to reimburse City for its expenses. This provision shall be a license granted by the Developer to the City to act, but shall not require the City to take any such action. Developer consents to such action by City and waives any claim Developer may have against City for damages in the event City exercises its rights in accordance with this provision. c. Tenninate this Aerecment by written notice to Developer at which time all tcmls and conditions as contained herein shall be of no further force and effect and all obligations of the parties as imposed hereunder shall be null and void. 24. Miscellaneous. A. This Agreement shall be binding upon the parties, their heirs, successors or assigns. as the case may be. B. If any portion, section, subsection, sentence, clause, paragraph, or phase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion oflhis Agreement. . c. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. 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 Agreement SK."/O Page 1 0 85/87/1999 89:35 6123689848 HUBER LAW OFFICE. PA PAGE 12 . shall not be a waiver Or release. D. Future residents of this Subdivision shall not be deemed to be third party beneficiaries of this Agreement. E. This Agreement shall run with the land and shall be binding upon the Developer, its successors and assigns. The Developer shall, at its expense record. this Agreement in the Office of the Wright County Recorder. After the Developer has completed the work required under this Agreement, at the Developer's request the City will execute and deliver to Developer a release in recordable fonn. F. All parties to this Agreement acknowledge they have been represented by counsel and have entered into this Agreement freely and voluntarily. 25. Notices. Required notices to the Developer shall be in writing and shall be either hand delivered to the Developer, or mailed to the Developer by United Statel mail. postage prepaid to the following address: 13680 Grove Drive, Maple Grove. MN 55311, Attention Rick Williamson. Required notices to City shall be in writing and either hand delivered to the City Administrator or mailed to City by United States mail, postage prepaid to the address: 250 East Broadway, PO Box 1147, Monticello, MN 55362. . IN WITNESS WHEREOF, City and Developer have signed this Developer's Agreement the day and year first written above. CITY OF MONTICELLO MMC LAND COMPANY, LLC By: By: ROier Belsaas, Its: Mayor Richard E. Williamson Its: Chief Executive Manager By: By: Rick Wolfsteller Its: City Administrator lohn V. Ryan, Ir. It.: Chief Financial Manager . ~I(-'II Page 11 . . . a5/a7/1999 a9:35 HUBER LAW OFFICE, PA PAGE 13 6123689848 STATE OF MINNESOTA ) )55. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this _ day of May, 1999, by Roger Belsaas and Rick Wolf5teller, the Mayor and City Administrator, respectively, of the City of Monticello, a Minnesota municipal corporation, on behalf of the corporation. Notary Public ST ATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) The foregoing instNment was acknowledged before me this day of May, 1999, by Richard E. Williamson and lohn V. Ryan, Jr., the Chief Bxecutive Manaicr and the Chief Financial Manager, respectively, of MMC Land Company, LLC. a Minnesota limited liability company, on behalf of the company. Notary Public This Instrument Drafted By: The City of Monticello 250 East Broadway Monticello, MN 55362 S'K "'11.-... 12 . . . 05/07/1999 09:35 HUBER LAW OFFICE, PA PAGE 14 6123689848 EXHIBIT A Legal Description That part of the Northeast Quarter of the Northeast Quarter being part of Lot 15 of AUDITORS SUBDIVISION NO. ONE of Section 13, Township 121. Range 25, Wright County. Minnesota described as follows: Commencing at the northeast comer of said Northeast Quarter of the Northeast Quarter; thence on an assumed bearing of South 0 degrees 49 minutes 42 seconds East along the east line of said Northeast Quarter of the Northeut Quarter, a distance of 295.08 feet to the former centerline of County State Aid Road No. 39 as shown on HOGLUND ADDmON according to the recorded plat thereof being the point of beginning of the land to be described; thence North 85 degrees 31 minutes 32 seconds West along said centerline of County State Aid Road No. 39 as shown on said HOGLUND ADDmON, a distance of 370.13 feet to the northwesterly right of way line of County State Aid Highway No. 39 as shown on WRIGHT COUNTY RlGHT-OF-WAY PLAT NO.6; thence southwesterly along said northwesterly right of way line being a nontangential curve concave to the southeast having a radius of 863.s 1 feet and a central angle of 41 degrees 39 minutes 46 seconds, a distance of 627.90 feet, the chord of said curve bears South 56 degrees 44 minutes 27 seconds West; thence South 35 degrees 54 minutes 35 seconds West tangent to said curve and along said northwesterly right of way line, a distance of 177.88 feet; thence South 75 degrees 42 minutes 51 seconds West along the northerly right of way line of said WRIGHT COUNTY RIGHT-OF-WAY PLAT NO.6, a distance of39.0S feet to the northwesterly right of way line of County State Aid Highway No. 75; thence South 54 degrees OS minutes 2S seconds East along said northeasterly right of way line, a distance of959.55 feet to the south line of the Northeast Quarter of said Northeast Quaner; thence North 88 degrees 4S minutCl 34 seconds East along said south line, a distance of 262.94 feet to the southeast corner of said Northeast Quarter of the Northeast Quarter; thence North 0 degrees 49 minutes 42 seconds West along the east line of said Northeast Quarter of the Northeast Quarter. a distance of 1018.81 feet to the point of beginning. $1(--' , Paae 13 85/87/1999 89:35 . . . 6123689848 HUBER LAW OFFICE, PA PAGE 15 EXHmIT B Plat See attached plat 5l<fII'f. '. . . 85/87/1999 89:35 6123689848 HUBER LAW OFFICE, PA PAGE 16 EXHIBITS C AND D Exhibit C - Approved Preliminary Plat of River View Square Exhibit D - Grading, Street, Storm and Sanitary Sewer, and Udlity Plans Exhibits C and D are available and on file at the office of the Monticello City Engineer. WSB & Associates. Inc., 350 Westwood Lake Office, 8441 Wayzata Boulevard, Minneapolis, MN 55426. '1<-'5 Page 1$ 85/87/1999 89:35 . . . 6123689848 HUBER LAW OFFICE. PA PAGE 17 EXHIBIT E Dlsbur.ement Agreement See attached draft 'K.",11tJ Page J 6 05/07/1999 09:35 6123689848 HUBER LAW OFFICE, PA PAGE 18 . EXHIBIT E DISBURSEMENT AGREEMENT RIVER VIEW SQUARE THIS AGREEMENT, is made and entered on April_ 1999, by and between MMC Land Company, LLC. a MiIUlcsota Limited Liability Company, ("Developer''), Highland Bank. a Minnesota Banking Corporation. ("Lender''), and. The City of Monticello. a Minnesota Municipal Corporation ("City"). WHEREAS, the Developer is the owner of the real property described in Exhibit A attached hereto. commonly known u River View Square ("Subdivilion")~ WHEREAS, on 1999, the Developer and the City made and entered into a Development Agreement, concerning the construction of certain improvements to the Subdivision . as described therein (UDeveloper Improvements"); WHEREAS, on ,1999, the Developer and the Lender made and entered into a Loan Agreement ("Loan Agreement") wherein the Lender agreed to loan the sum ofSS7S,OOO.OO ("Loan Amount") to the Developer for the purpose of constmcting the Developer Improvements and other related development costs; WHEREAS, on , 1999 the Developer, as maker executed and delivered to the Lender, as payee, a promissory note in the Loan Amount with interest thereon payable as described therein, and said note was secured by a Mortgage executed and delivered by Developer, as Mortgagor, to Lender, as Mortgagee, encumbering the Subdivision~ and WHEREAS, the parties desire to establish procedures concerning the disbursement of the fund under the Loan Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein and other good and . valuable consideration, the receipt and adequacy of which is hereby acknowledged. the parties hereby agree as follows: Q(.-." Page 1 05/07/1999 09:35 6123689848 HUBER LAW OFFICE, PA PAGE 19 . 1. Security. The City hereby accepts this Disbursement Agreement as Security for the construction of the Developer Improvements, including establishment of required tree plantings, under the Development Agreement. The liability of the Lender to the City under this Disbursement Agreement shall automatically be reduced to the extent of advances made by the Lender under the Loan Agreement for the Developer Improvements, provided. that said advances are approved in writing by the City. In the event of improper disbursement. Lender shall be liable to City for any damages arising from any improper disbursement up to the amount of such improper disbursement. 2. Certi fication b~ Private Ensrineer. ("Private Engineer") shall certify in writing to the Developer, the Lender, and the City the progress of construction of the Developer Improvements at the conclusion of each stage of eonsnuction. Such certifica.tion sha.ll set forth the quality ofworlananship. the stage of construction according to the plans and specifications, the dollar amount of the Developer Improvements completed to the date . of such certification, and the dollar amount oftbe disbursement necessary to pay for the certified Developer Improvements. 3. Aocroval by City. After receipt of the certification by tho Private Engineer, the City . shall give written notice to the Developer and the Lender ~hether the City approves or rejects the Developer Improvement relating to such certification. The City will use its best efforts to notify the Developer and Lender within ten (10) business days after receipt of such certification by the Private Engineer. The City may perfonn its own independent inspection of the Developer hnprovements. 4. Disbursements and Retainaie. If the City approves a certification oftha Developer Improvement by the Private Engineer in writing, the Lender may rely upon such approval and, if so instructed by the City. advance no more than Ninety.fivc percent (90%) oftbe sum certified by the Private Engineer for the Developer Improvements. Five percent (10%) of all certified swns of the Developer Improvements ("Retainage'') may be retained until the final inspection by the City. The Retainage sball be disbursed after the City completes its final inspection, accepts all Developer ~t(,,'tpage2 05/07/1999 09:35 6123689848 HUBER LAW OFFICE, PA PAGE 20 . Improvements and Developer provides the necessary mamt_ bond to City. If the City rejects any item ofthe Developer Improvement in the certification by the Private Engineer, the Lender shall not advance any funds relating to that item of the Developer Improvements until the City has given . . its written consent. Certifications not relating to Developer Improvements as referenced in the Developm,ent Agreement shall not require the 10% retainage pursuant to this paragraph. s. SU$penlion or Tennination to Certifieation by Private Eneineer. The City may suspend or tenninate the certification of the Developer Improvements by the Private Engineer. In such event. the City shall give written notice to the Developer and the Lender of such suspension or temrination. Such suspension or tennination shall not affect any certification issued by the Private Engineer prior to the receipt of such notice to all parties. Such suspension or tennination shall be prospective only. In the event of such suspension or termination. the City shall inspect the Developer Improvements completed, certifY to the Developer and the Lender the dollar amount of the Developer Improvements completed to the date of such certification and the amount to be advanced to pay for the certified Developer Improvements. 6. Final InsDcction by the City. Pursuant to the Development Agreement, the City Engineer of the City shall make a final inapection of the Developer Improvements. The Private Engineer shall have no authority to make the final inspection on behalf of the City. The City Engineer may object to any construction defects discovered during the final inspection regardless of when such defects occurred.. The failure of the City to object to a prior certification by the Private Engineer shall not be deemed a waiver of the City's right to demand the correction of any construction defccts discovered during the final inspection. 7. Default bv Devel~er: Ri;ht to Cure. If the Developer commits an event of default upon its obligations as impoled by this Agreement, or pursuant to the Note and Mortgage executed by Developer, or as defined within the Development Agreement with City and does not cure the event of default within the time proscribed within the Development Agreement. the City may give ~,I'page3 . . . 65/67/1999 69:35 . . . 6123689848 HUBER LAW OFFICE, PA PAGE 21 51(-1,0 Page 4 05/07/1999 89:35 6123689848 HUBER LAW OFFICE, PA PAGE 22 . Improvements and satisfaction of the Developer's obligations under the Development Agreement, the City shall pay any remaining funds to Lender to be applied as a payment on Developer's behalf. 9. Any request by the City of the Lender, which is authorized by paragraphs 7 and 8, shall be honored by the Lender within three (3) business days after demand is made by the City. 10. Notices. Any notice provided for in this Agreement may be delivered or mailed as follows: Developer: Highland Bank 13370 Grove Drive Maple Grove, MN 55369 Attn: Jeffrey Cleveland MMC Land Company. LLC 13680 Grove Drive Maple Grove. MN 55311 Attn: Rick Williamson Lender: City: 250 East Broadway PO Box 1147 Monticello, MN 55362 Attention: Rick W olfsteller . Such notices shall be deemed to have been given when received by all parties. 11. GoveminlZ Law. This Agreement shall be governed in all respects by the law of the State of Minnesota. 12. Assienment. The rights oCthe City under this Agreement cannot be assigned. 13. Bindinll' Effect. Thil Agreement shall inure to and bind the parties hereto and their successors and assigns. 14. No Third Party Ri2hts. This Agreement is made for the sole benefit of the parties hereto. No other person shall have any rights or remedies under this Aareemcnt. . S'K- 2-1 Page 5 05/07/1999 09:35 6123689848 HUBER LAW OFFICE, PA PAGE 23 . IN WITNESS WHEREOF, the parties have made and entered into this Agreement as of the first day and year above written. CITY OF MONTICELLO By: Roger Belsaas Its: Mayor By: Rick Wolfsteller Its: City Administrator MMC Land Company. LLC By: Richard E. Williamson . Its: Chief Executive Manager By: John V. Ryan. Jr. Its: Chief Financial Manager Highland Bank By: Jeffrey Cleveland Its: Commercial Loan Officer . ~K- 2-~ - ~~ Page 6 . . . SL. Council Agenda - 5/1 0/99 Consideration of appointing Katherine Baltos to the position of Community Center Director. (lO.) A. REFERENCE AND BACKGROUND: After review of nearly 50 applications and interviews with 6 finalists, the community center small group hiring subcommittee is pleased to recommend Kitty Baltos to the position of Community Center Director. Kitty rose to the top of the list by virtue of the following qualities: 1. Sufficient experience in operating a community center by virtue of her work as manager at a fitness center. 2. Experience and proven ability to manage varied and complex projects (Riverfest/Chamber projects). 3. Known ability to deal effectively and in a positive manner with a varied constituency. Enthusiasm. 4. Understanding of the elements of the community center and ability to develop programs. 5. Knowledge of community resources and projected ability to develop programs that complement existing businesses and organizations. 6. Ability to "hit the ground running" in setting up relationships with area businesses. Some of the candidates had more specific education and more background in community center operation and program development. Ms. Baltos had sufficient qualifications in these areas and additional proven abilities in important areas noted above. Kitty has earned the position through her work in the area of fitness/wellness and through her proven record as a positive embassador for the Chamber of Commerce. Ms. Baltos has accepted the position offered at the starting salary of $38,831. B. ALTERNATIVE ACTIONS: 1. Motion to accept recommendation to hire Kitty Baltos. 2. Motion to deny recommendation and to offer the position to the second candidate. C. STAFF RECOMMENDATION: The City Administrator recommends alternative # I. D. SUPPORTING DATA: None. 18 . . . Council Agenda - 5/1 0/99 7. Consideration of adoptine a resolution accenting bids and awardine proiect for Trunk Hiehwav 25. (WSB) A. REFERENCE AND BACKGROUND: The Trunk Highway (TH) 25 improvement is located from 1-94 to just south of Kjellbergs Mobile Home Park and includes numerous street and utility improvements. These improvements include the addition of a travel lane in both directions so that there will be four through-lanes, the installation of a raised concrete median to provide left-turn channelization to the new intersection of Chelsea Road, and the modification of the Oakwood Drive intersection to accommodate interchange improvements which are anticipated to be completed in the spring of2000. The relocation of the park-and-ride lot to an area located south of School Boulevard, the extension of School Boulevard west, and construction of a frontage road south toward Kjellbergs Mobile Home Park are also included in the TH 25 improvement. The Trunk Highway 25 improvement also includes numerous trunk and lateral sanitary sewer, watcrmain, storm sewer improvements. The City of Monticello will be responsible for local costs as part of the Trunk Highway 25 improvement through a cooperative agreement with the Minnesota Department of Transportation. It was identified previously that a portion of these costs were assessable to adjacent property owners for these improvements along with the above-mentioned streets along Trunk Highway 25. A public hearing was held at a regular City Council meeting on December 14, 1998, at which City staff presented the anticipated City cost portion of the Trunk Highway 25 improvement. The construction cost in December 1998 was estimated at $1.42 million with a total City project cost of $2.7 million, which included 28% indirect costs and right-of-way costs for TH 25, and included acquisition ofright-of-way for the future street extensions of Chelsea Road and Cedar Street. A copy of the tables which were presented in December of 1998 are included in this informational packet. The current costs are at or below the anticipated costs presented in December of 1998. The project bids were opened on April 29, 1999. The City's portion is approximately $1.37 million based on the low bid presented by Buffalo Bituminous of $5,448,000. MNDOT's share of the project cost based on the low bid is approximately $4.08 million. A copy of a breakdown of the associated costs for both the City of Monticello and MNDOT is included. The City Engineer and staff will present the costs associated with the Trunk Highway 25 improvement and the current costs based upon the low bid received at the meeting. 19 Council Agenda - 5/10/99 . MNDOT is currently in the process of drafting a cooperative agreement which will formalize the participation between the City of Monticello and MNDOT. The negotiation on the storm sewer split, which was an issue at the meeting in December, has been finalized. In addition, the City of Monticello will receive a lump sum reimbursement of $140,000 for downstream improvements which has not been subtracted from the costs presented at this time. A portion of the City cost includes trunk storm sewer improvements. The City's trunk fee policy requires that the costs be assessed to the existing developed parcels, with the undeveloped panels paying a trunk fee upon development. In order to assess these costs in the future, a public hearing for the trunk storm sewer is necessary. B. ALTERNATIVE ACTIONS: 1. Adopt a resolution to accept bids and award the contract to Buffalo Bituminous, Inc., in the amount 01'$5,448,000 contingent upon final approval of the Minnesota Department of Transportation cooperative agreement, along with City approval of the trunk storm sewer system improvements along Trunk Highway 25. ,!'.\o l,:-'",k.y__ t- 'A/f.HJ V . \\ Table discussion of accepting the bids and awarding the project to Buffalo Bituminous, Inc., at the regular City Council meeting of May 24, 1999. The delay of the award could delay the construction start date of June 1, 1999, along with possibly impacting the amount of work which can be completed during the summer of 1999. 2. . 3. Delay any action on the Trunk Highway 25 improvement to a future Council meeting. C. STAFF RECOMMENDATION: It is the engineer's recommendation that a contingent award be made to Buffalo Bituminous, Inc., of Buffalo, MN, at this time, based on final approval by MNDOT, which includes the costs identified as local cost participation and a cooperative agreement, in addition to ordering the Trunk Highway 25 trunk storm sewer system improvement public hearing as part of the improvement project. D. SUPPORTING DATA: Bid tabulation; Cost participation table; Assessment table and right-of-way costs of December 1998. . 20 A WSB 350 Westwood Lake Office 8441 Wayzata Boulevard Minneapolis, MN 55426 B.A. Mittelsteadt, PE. BreI A. Wei", PI:. Peter R. Willcn\'ring, P.F. [lon,lid \Y.l ""'llla. I ~ I.. Ronald 1\. liraI', 1'1. 612-541-4800 FAX 541-1700 . & Associates, Inc. May 6, 1999 Honorable Mayor and City Council City of Monticello P.O. Box 1147 Monticello, MN 55362 Re: TH 25/Chelsea Road Improvement S.P. 8605-40 (TH 25) City Project No. 96-04C WSB Project No. 1033.00, ETC. Dear Mayor and Council Members: Bids were received for the above-referenced project at II :00 am, April 29, 1999 and were opened and read aloud. A total of three bids were received. Buffalo Bituminous, Inc., submitted the lowest bid in the amount of $5,448,000. The bids were checked for . mathematical accuracy and tabulated. The engineer's estimate was $5,264,866.94. We recommend award of the contract to Buffalo Bituminous, Inc. in the amount of$5,448,000 contingent upon Mn/DOT final approval. Enclosed for your reference are the bid tabulation and bid extension. Sincerely, WSB & Associates, Inc. f ~./J E:;; Ronald B. Bray, P.E. Project Manager. Enclosures c: Rick Wolfsteller, City of Monticello John Simola, City of Monticello Bret Weiss, WSB & Associates, Inc. Buffalo Bituminous, Inc. . nm ,--1 Minneapolis · St. Cloud Infrastructure Engineers Planners Fnl' ~ I nppnpT' rr 1IT" rr 11'1 ()\TII F: I WI'WINIJOJJ.OOitf!cmdn-hmc.It'/"I . . BID TABULATION 1999 STREET AND UTILITY IMPROVEMENTS TRUNK HIGHWAY 25 MONTICELLO, MINNESOTA CITY PROJECT NO. 96-04C/S.P. 8605-40 Bids Opelled: 11:00 a.m. WSB & Associates, Illc. April 29, 1999 Project No. 1033.00 Call tractor Bid Security Total Bid Buffalo Bituminous, Inc. X $5,448,000.00 * Barbarossa and Sons, Inc. X $6,021,131.03 * Bauerly Companies X $ 5,965,928.25 * Ellgilleer's Estimate $ 5,264,826.94 I hereby certify that this is a true and correct tabulation of the bids as received on April 29, JW~ . 12~ I). &~1 Ronald B. Btiy, P .E. *Dellotes Corrected Figure . 1~~ F,IW1'W1M/OJJlHNipecInI/JTAB. Wpll . o o M M o ..... I- U m !!:l ~O ..... 0::: - Q.. 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Ie Ie ,. ,. ~ ~ ~ ::;! ~ ~ ~ ~ ~ ~ => => ::Ii ::; +l' > I! la ~ i~ !:(;\ I~ u ; ~ < t:i ~ ;2:1..4 ~ ~ ~ ~ 0;' :5 ~ ~ :0; ~ '" < 15 ii! ~ ~ ~ ~ ~ ~ 8 d ~ ~ i i III ~ ::; :0; ::;' '" r;n ~ ~ ~i:::li! N e; ~ ~ ~ !J'::I1~ a a t.::I t.:l l). ~ ,Q.,!(;; - - ::; ::; ::!; ,. 4;Ili "-I :J ;;:J ;::;} ~ ....J ...J ...:.1 mf-.. --. ' s Gis 0.2 J2J2a - ~.a 'i ~ I ~ I I ~ I"t aiS ~ ~ ~ ~ g ~ - ~ ~ ~ S :~ ;-~ ~ ;.'l S Ei . '" ~ M (~ N - - g 8, ~ ;: ~ ..., ..... ..; ..... ~ :2 ~ .n ... - - '" q 5 s .,$ ... - - 8 o ~ ; .n ... " 0; '"'I ~l ..'" e~ ~ .. ~ z o u - - ... ~ .,; ..... "" ..; '"' "1. '" ... - - ..l ~ o '" Q Z ~ " ~ ~ ill ,~,o . . . Council Agenda - 5/1 0/99 8. Consideration of proposed update to the trails and pathway plan. and consideration of authorization to study Dark dedication fee to include trail fee. (J.O.) A. REFERENCE AND BACKGROUND: In light of various projects occurring throughout the city, the Parks Commission met to review the existing park and trail plan and determine whether or not it would make sense to modify the current plan to meet the emerging needs for separation of pedestrian and vehicle traffic. The Parks Commission was also sensitive to cost issues relating to development of the pathway system and has suggested that the City Council consider modifying the current park dedication fee to include a pathway development surcharge. Following is a brief review of the sections of the pathway plan that are proposed for update along with more information on the proposal to add an additional pathway surcharge on top ofthe park dedication fee. Fallon A venue South of School Boulevard As you may have already noted with the Klein Farms 5th project (Leerssen property), it is proposed that a pathway be extended along Fallon Avenue from its current location at School Boulevard to the entrance to the Klein Farms 5th development. Extension of a pathway along the east side of the road will provide residents in the area with a safe route to the pathway system at School Boulevard. After reviewing the pathway plan, the Parks Commission noted that it might make some sense to extend a pathway down Fallon Avenue to coincide with development as it occurs to the south. As you know, the MOAA plan identifies a large area to the south for future residential development. It is not known at this time when this development will occur; however, when it does, there will be a need to extend pedestrian pathways from these developing areas to the pathway on School Boulevard, which links future residents to schools and churches. This pathway will also link residents in this part of the community to the future overpass at Fallon Avenue. For the reasons noted above, the Parks Commission has recommended development of an ofl-road pathway along Fallon Avenue south of School Boulevard. County Road 18 As you know, the County Road 18 project includes a provision for a pathway to be constructed at some point in the future. The current plans for the project do not include construction of the pathway; however, they do include grading necessary to install the pathway at some point in the future. In keeping with the agreement with the County on improvements to county roads, land areas that are necessary to accommodate pathways require that the City purchase such land. The original plan for pathways extending to the southeast portions of the city did not include a pathway along County Road 18 due to the fact that the road was relatively narrow with poor sightlines and hills. In addition, the developing portions of the community were primarily on the east side of County Road 18 where there is a pathway alignment that served that neighborhood (power line). As late as just a few months ago, it was thought that the best way to get pedestrians to the School Boulevard pathway from the Rolling Woods and Wildwood Ridge area would be through 21 Council Agenda - 5/1 0/99 . the Wildwood Ridge development to the future water tower park and then down to County Road 18 through the future Methodist Church property or westerly to a pathway through the future park extending to Fenning Avenue. When it was determined that the County would be involved in upgrading County Road 18, it became evident that it might make sense to consider extending a pathway along County Road 18. This idea was supported by the residents that attended a public information meeting. As a result of this input and in light of the fact that there are some savings and efficiencies associated with preparing for a pathway in the future on this alignment, it is suggested that the pathway plan be adjusted to show a pathway extending along County Road 18. This pathway would not be constructed with the County Road 18 project as noted earlier but would be constructed at such time that funds are available. However, the pathway casement would need to be purchased. Mississippi River Walk Connection - Bondhus/Hospital District Bypass . Since development of the initial pathway plan, there has always been a plan for creating a river walk connecting Mississippi Drive through the wastewater treatment plant property to the hospital campus. Completion of this pathway at some point in the future would provide residents with a wonderful opportunity to stroll along the Mississippi River and will also provide a safe transportation link connecting residents living on the east side of town to the downtown via the river walk. Unfortunately, at the present time, it is impossible to make the link through the area because the City does not have complete site control. John Bondhus owns a segment separating the City easement at Mississippi Shores from the wastewater treatment plant property. Bondhus has indicated that at this time he is not interested in providing the City with a pathway easement. As an alternative to connecting through the Bondhus property, John Simola and Gregg Engle have been working on a plan to extend the pathway from Mississippi Drive through the wastewater treatment plant along the boundary between the Bondhus property and the City property to Hart Boulevard. It is proposed that the pathway plan also show this bypass of the Bondhus property. Instead of running the path through Bondhus and Hospital property along the river, the path would run along CSAH 75 all the way to Washington Street. This will allow a direct connection of pedestrians on the east side of town to the central portion of the community. As you recall, the City vacated Hart Boulevard which provided public right-of-way and pedestrian access through the area. Once the roadway was vacated, the route for pedestrian traffic passing through the area was modified by the development of the hospital project. Unfortunately, the hospital project did not include a provision for allowing pedestrians to walk through the site separated from traffic. It could be argued that this is not a problem, as hospital property is public property, and people should feel free to walk freely through a parking lot as one passes from one public pathway to the beginning of another pathway. However, it does make some sense also to provide a method for bikers, walkers, and rollerbladers to bypass the Hospital development via a sidewalk running along the perimeter of the site. This issue is addressed also in the CSAH 75 project. . In summary, the proposed amendment to the plan provides a temporary bypass of the Bondhus property until such time that the pathway can be developed through the Bondhus site, the alternative route through the hospital district could be pointed to as the 22 Council Agenda - 5/1 0/99 . method for getting people on the north side ofCSAH 75 from the old part of town to points east. The assessment program identified in the CSAH 75 feasibility study shows 100% funding from the Hospital District. Perhaps the City should consider funding a portion due to the fact it serves a larger area. This would apply also to the property owners to the west of the IIospital District. Pathway Funding Program Development . The City has been very fortunate in that we received hundreds of thousands of dollars for pathway funding through the ISTEA Grant Program. This program has enabled the City to jump-start its pathway plan through development of the pathway that runs the full length of the community and also through future development of the pathway that will extend from Riverroad Plaza to the Middle School, then all the way into the Meadow Oak neighborhood. Pathways funded by the ISTEA program and by City contributions are complemented by other pathways that have been developed through contributions made directly by developers. For instance, the pathway that runs the entire length of School Boulevard was completely funded by special assessments as well as other short pathway segments internal to many of the subdivisions. There will be instances, however, where it will be very difficult to assess adjoining property owners for pathways that need to be extended into future development areas. In addition, ISTEA funding may not be available to fund future pathway development. For these reasons, it is proposed by the Parks Commission that the City Council consider establishing a pathway funding program which would be used to collect funds from new development for extension of pathways to growing areas. Essentially, the funding mechanism calls for establishing an average cost per lot for extension of pathways to a developing area. Development of this fund allows the City to pool resources from the development area and avoid the problems associated with assessing only the adjoining property owner for the project cost. For example, in the case of the County Road 18 project, the pathway will be extended along a number of properties. It would be impossible and probably not fair to charge these property owners the entire cost of the pathway that's being used by a large area. This is not to say that adjoining property owners would not pay something for the pathway. They would pay an amount equal to what other property owners pay based on the land area that they possess. For example, ifit is calculated that the standard per-unit pathway assessment should be $200 per unit and a unit equals one single family residence, if a project such as the Methodist Church site is 5 acres in size, then it should generate 10 units. Ten units times $200 would be a $2,000 pathway charge. There could be a deduction for the type of use. Court precedent says that the charge must be commensurate with the demand; therefore, land uses that generate less demand/acres would be required a smaller fee. . This charge would be applied to construction of pathways serving general areas; pathways needed to connect individual residential areas to the main pathways designated on the plan would continue to be funded directly by the developer and would not be funded through the pathway fund. 23 Council Agenda - 5/10/99 B. ALTERNATIVE ACTIONS: . Decision 1: 1. Motion to approve or modify and approve amendments to the pathway plan as proposed by the Parks Commission. 2. Motion to deny amendments to the pathway plan as proposed by the Parks Commission. Decision 2: 1. Motion to direct staff to complete a study determining the proper amount for the pathway dedication fee and develop policies for implementation of the fee program. . Under this alternative, City staff would complete an additional study which would identify a pathway charge based on actual cost. The study would also identify possible issues relating to application of the fee such as application to commercial or multi-family residential sites. The study would also devise a method for collecting the fee. We need to determine whether or not the fee should be paid as an assessment at time of platting, or if it should be paid at the time of building permit application, or perhaps the developer should be given a choice. 2. Motion to deny completing a study to determine the proper amount for a pathway dedication fee and policies. C. STAFF RECOMMENDATION: . The City Administrator recommends alternative # 1. In the survey done in 1992, it was shown by a majority ofthe population that walking is a favorite pasttime of many people. This tendency has been demonstrated clearly by the active use ofthe city's pathways. Time has shown that the pathway system has become a unique and important part of the community and is a feature that we should continue to develop and promote in order to maintain and develop quality of life in keeping with the vision statement for the community. People have come to appreciate and expect being able to walk or ride bike safely from neighborhoods to schools, parks, and other points of destination. Pathways do not, however, come without a price. The proposal to develop a pathway funding program would seem to make sense to help supplement city funds already dedicated to this purpose. It also provides a method for tapping new development for the cost of projects that are typically serving new developing areas. The cost of maintenance of pathways will always be somewhat of an issue. Under the current proposal, ongoing maintenance of pathways such as sealcoating and snowplowing where sensible will continue to be funded through general taxes. D. SUPPORTING DATA: Maps showing proposed amendments to pathway plan. 24 , ~~ - --. I I- Northeast Area '. I Bypass around Bondhus and Hospita~ property I Mississippi Drive Park ) Battle Rapids Park 1I0AO I ' .1, .. ... ~ CD- ....RTI!'!.OR..1VE '1 ....;-~ SCHOOL : BLVO :.li~-\II.- Neighborhood Park Search Area 6.>u~T""'. .'-"-Ad>AI> ~_r'-'; ....... .6<I~rw'#"'-- ~_p ,- T,w IAld'- """:;~dS4<!:> "'_.~_ ''''';1''# ...... /~dS*'O ",A/-A''''~D /<ISC"'~A,.;' ~ -'1_ -e..vrll! .,Iw~.;~."'", /Ic_'I' ~~~N"'I,'" ",,,,,,.~..AD "".4!.~ ~..",. ~ 1 -"' J Northeast Area ,- o 1 II. M:~E 1. , NfIe 1 J iltfonticello Comprehensive Parks Plan . :-. 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Wi1dwood Ridge Oak Ridge Park ... i STlIEH ArE'a Ro11ing Woods _ _ .......-....,_"".Ae'.... Ar"""d~"'" ~~~~"~'''d#6&> ""-__ o/f!'d4P ~N ...... ,IOM'~~..r64 .,A/-~~40 _O.~'-"'A/ 4N'~ 4n::<r ~., ur* East Area t ... ~ " ~ o I ,I< Wll( . A NJOe t !vIOnlicef/o Comprehensive Parks Plan -- South Area . i'I'C'-~=-- th ~tZ./ i-~- ~ - ,..<::::::::,. ~']'''-J/~J/I''1''#--_ :' "'<:, ". -. . - &. c.c:.it7. (4l, IiJ '.................. ~.... ~I "1' ~" ., i' "'" ., ..' . 2:1_ -..----- .',.. .... .:ti-....., <.j . .' ~ '':''''/.0 I~"'~' "'-. ", .:-. -"(off':" "',' ;------.1 ',';::~~ ~'.----_ ~>-?-:/^I tr,~/;.~ -':'" ;,.-:> "".,.>:"'~,".' I ------ ~ ~. "';;-" '-J ,-J:' ~ ~ 1'1>-:-' _______._ .._ "" I~~~j _~~ jf 'c~ '''0-~SVdI_b~~.:~ \'. ."; t.._..! --_~::. ~,=~.~' ,.,~"'I ,- -~ : \S' '~':.' "'-~~~<~ ~'<',.' ,r~~:(___.~ i ,-~.,':~j~ 'it. ''''u~ -< .);;/, ~ '.,," ! '. --":;'~~IJJ : <Ji =~~ r"~ ~--,~ !ic::;-------------- ~.~ " - -<~~.,',,~ :z <." ! ~i~-i~(1 :.- i) /~~~,~,,::: ;__T~AS PAR~ i---..---- -. --- 'n ---:--........"L' \~~t(~~~:l 9\ . -. - it I - '-."~-:r~--------'r'-. _--n.~....... ~---~ ~of;,.'- "'_'- I -. ~ _ . ....., .......-! _ ;f.1 j' I , /' ~ ......~ ,...........~, . ! ~, .- ;.:: I.. n_ ----- - ",~~.....;........... ....................-_.....,/" -______ _______ _ --". i \\C~ /:-/;$ .\ CH€LSE~ ~OAO '~7'r~ 'Cardinal Hills Park \r/.~.-:/ ': c....tZst_:.:--, '11t_______ _-I"~ J ~~-/ 'I'" -- _...1. of '..... ~.__ ______ .'._., \ f! . - . - --- ---- - - , -. !!; n_ ; . :.:-----. '..... ______ II ;~ _u.__} .'. '1'- -- U. III ............... ........................ ~ 1_'_ /~l'(8 i I:I -:_~;\~~~-=; i!---c --.~,> . 'l,tc....___1.Y W2", . ~; , :---, 010-::;_" "4}--.ft /. --------------' . .-----.-, ~,.. , pr-____ QUHllAS ~ I ROAD i: ...~:::----. i ii;.;: l /i/~K-..l--el.n- Farm; '(Lions) Park._t_._-~-; Future ".::.::.-::V; ~_....1 ...' STQNf; )DGE · "" :-;.:,.'-: ~~ IVE ~ ~c::::JtANE:I: ~'t: -'-"'--. ....~ -. ..,. .'~'. '"., q ~~ I~-' I :: 8' IR ",~'. . ~ ~\',. l...:: ~.._- ,,,.-\ co ~,-,". , llJollliceJlo !i "," 1< '. _ '" ~ ',,-,: Lift MOI/Ilt1" " I-iEs' .#i" ~,\ g · 'f' III S '001 :i -. '.. ",;<, \\: .."1\ . ~ :Elel. rellt",)' Sd 001 ,,' I( (e e,( .. Neighborhood Park Search Area ---~"'~...- -::-,. .3 _....,.'~- . . -~.!"~~';~.i&" '. '" ~--,-...............~-~-, -- / .'f . ... / Ii . I/I~' /: p ~' . .'-" /,^' 1'/ "'. /".-..-..- ".~.i''' .& .r/$,,~-V4 f~.&>6_"'~< _ ,e..r~~T"A/~ 'I'""'''~~.?'''Q "'ArN licIIiI&t ,"'~D_'_ _"'-.A"~,p ,.,.,q??'l ...... ~'eQ DN'*-'t"DAO _"""'''T*J'''''''/ ............. '''kl' KDVre + South Area r_ o I ". WILE ,e , Nrte Monticello Comprehensive Parks Plan --- . . . Council Agenda - 5/1 0/99 9. a 6-ft wide stri A. REFERENCE AND BACKGROUND: Bill Grassl, owner of Domino's Pizza, is providing the City of Monticello with an opportunity to purchase a 6-ft by 165-ft strip ofthe downtown parcel described as the West 17 feet of Lot 10 and East 26 feet of Lot 11, Block 35. This opportunity allows the City to carry out the goals and objectives of the Downtown and Riverfront Revitalization Plan of the Monticello Comprehensive Plan. Purchase of the strip or purchase as an casement will create a public access or walkway between Broadway businesses and the rear public/private parking lots as described in the attached excerpts of the Revitalization Plan. Mr. Grassl purchased the vacant lot a few years ago following a fire with the intent to construct a new commercial building for Domino's Pizza. It appears Mr. Grassl is ready to proceed with his plans to construct and has been in contact with contractors for design of a structure consistent with the Downtown Design Guidelines. Prior to investing dollars into a design concept, Mr. Grassl is asking the City Council of its interest to acquire the 6-ft strip, which allows the City to meet its goals/objectives. Mr. Grassl will be at the Council meeting to answer questions and perhaps share his plans. It is my understanding that no purchase price has been mentioned. Estimated market value of the land for taxes payable 1999 is $24,500. Original parcel size - 43 ft x 165 = 7,095 sq ft. Size of strip to purchase - 6 ft x 165 ft = 990 sq ft. Remaining parcel size for construction - 37ft x 165 ft = 6,105 sq f1. B. ALTERNATIVE ACTIONS: 1. Yes, Council is interested in purchase of the 6 ft x 165 strip and directs staff to proceed with negotiations. Purchase agreement to be submitted to Council at a future Council meeting for consideration to approve purchase. 2. No, Council is not interested in purchase ofthe 6 ft x 165 strip. 3. Table any action to next Council meeting. C. STAFF RECOMMENDATION: Staff recommends alternative # 1, as it is consistent with the Revitalization Plan while allowing a Monticello business owner to proceed in a timely fashion with his development plans. D. SUPPORTING DATA: Excerpts from the Revitalization Plan of the Comprehensive Plan. 25 j ] ~ ] ] J ] ] ] 1. ] 1 1 ] >t 1 1 1 nections between the parks. downtown and the surrounding neighborhoods. Mid-block passages will provide a more direct way of moving between Broadway, parking areas and other areas to the south; future redevelopment efforts should accommodate this function in order to most effectively connect the parks to downtown. Sidewalks from downtown to nearby neighborhoods will also provide safe. comfortable and community~minded ways for residents to get to downtown. /r / ---. -- .~",::.;..-..-~...-- ...--- W-J . Mld'block connectlons betWeen parking areas and Broadway will help to generate pedestrlan actMty In downtown. The unfortunate losS of a few buildings along Broadway yields a redevelopment opporillntty and pedestrlan connectJons. The existing downtown is an activity center in itself if provided with the tools for revitalization. The nearly uninterrupted pattern of the buildings along the street creates the sense of this being the "heart." Redevelopment of the bui1d~ ings along Broadway should occur in ways that are very selective - preserv- ing the existing building stock wherever possible and restoring storefronts with integrity to the original stTUcture.t:!tte creation of mid-block pedestrian pas- sages that link Broadway to parking areas is vital. The recent fire presents a great opportunity to redevelop a portion of Broadway using patterns that area appropriate to a downtown, along with the chance to create the Broadway-to- parking~lot connectio~ It may be that vary few, if any, buildings along Broadway are worthy of restoration; not every building is worthy of rehabilitation. There may be limi- tations to the infrastructure of a building that renders renovation infeasible, or the owners or businesses may be limited in their ability to undertake an improvement project. The Broadway district will be one that best shows the evolution and character of Monticello. with a mix of old and new buildings that fit together in patterns appropriate to a traditional downtown. This part of 1.' ~ A New Bridge 1. ...~ RevltaJl1lng MontJceI1o's Downtown and RIverfront j Pag~ 3:8 It-'I ] J. J The cemetery is an open space in downtown Monticello, but is hardly recognized as such. This space represents a great deal of community history, and over time, it should be reinforced with plantings and gates that make it more of a highlight on Pine Street than it is today. J . Every public building should have a functional outdoor gathering space related to it (not just a larger patch of grass surrounding it). City Hall might have a plaza, large enough for significant gatherings with a fountain or other feature as a focal point. The Library might have a more quiet, intimate space related to it - a garden or an outdoor read- ing room, for example. J J . While some private buildings may decide a plaza fits their program, not every building needs to have an outdoor gathering space. The focus should be on the truly public spaces at the parks and civic build- ings; at private buildings, the focus needs to be on the creation of the most intense use of the available site. J J . "* ",./' __.,c.-","",-__~___-------...,_:::::- , ~_._" ~-,. .,..,,--.<. 1;- p~estrIan connecUons between streets and parking areas offer an opportunity for smaD par1<-like spaces in the midst of downtown. The use of plantings and flxtures that are seen on the streets provides needed integration for these connecUons. : A New Bridge if 2- ~ Revitalizing MonllCf!/Io's Downtown and Rlverfront ,., 'gt3:18 .... ~=1 i \-. \'-] 1.3 \] r~ J ] J* . ] ~ I 11 t1 -] -J ~ - --)' . A range of uses and activities shall occur in downtown, including commercial/retail, office, public/civic, housing and recreation/enter- tainment uses. . A guide for uses shall be established, but flexibility should be allowed to enhance the goal of an active and vital downtown environment. Develop a downtown and riverfront area that is compact and walkable, with a density of development and a level of activity that set it apart from the rest of the community. . Buildings shall be placed near the street to create a strong edge to the street, a sense that you are passing something, and an opportunity to see into a building from the sidewalk or see the activity of the street from the building. . Land resources shall be shared wherever possible to allow for a greater amount of development in a limited space (for example, providing for joint use parking, shared loading and service areas, and "regional" stormwater management). . Clustering of buildings shall be encouraged to allow people to walk easily from one use to another; stand-alone uses and uses that are ori- ented strongly to the automobile shall be discouraged. . Downtown shall be as comfortable for pedestrians as it is convenient for cars, recognizing that, once a car is parked, the driver becomes a pedestrian. . A pedestrian system shall be developed to reach all uses in downtown and form a strong connection to surrounding neighborhoods. 1.4 Structure the street sy stem to accommodate downtown traffic and "through" traffic, to support businesses, improve circulation, and main~ tain a "downtown" character. . Walnut Street and "cross" streets shall be oriented to pedestrians but shall accommodate vehicle traffic. . Pine Street shall be oriented to vehicles while accommodating pedes~ tnans. . Broadway shall be balanced in its orientation to pedestrians and vehi- cle traffic. . The entrances to downtown shall be marked to announce one's arrival in downtown. 1.5 Explore a range of transportation modes to manage traffic in downtown Monticello. . Walking and biking shall be accommodated in downtown and at every site in downtown. . Regularly scheduled community "circulator" service shall be explored as a way of moving people into and out of downtown without their cars. . A trolley on the railroad tracks should be considered to provide for a unique attraction and as a method of community transportation. 1.6 Recognize patterns that are appropriate to varying downtown "districts" in an effort to create development that "fits" the context of each district. Buildings shall be placed near streets (Design Guideline 1.31 A New Bridge :L Rev/lal/zJtlg Monticello's Downtown and Riverfront ~ Pagr 3:29 q"'3 . 10. . . Council Agenda - 5/1 0/99 Consideration of urchasc of the communitv center site. (J.O.) A. REFERENCE AND BACKGROUND: City Council is asked to consider an offer by Jim Eisele to sell his garage/land and accept relocation expenses for a total amount of $156,000. The sale would be contingent on Eisele obtaining approvals for development of a similar facility on a portion of the property recently purchased by Jeff Michaelis for his bulk oil facility. The approvals that Eisele would be seeking would include a reduction in the paving and curbing requirement and a phasing-in of utilities over time. The land transaction would occur ifthe land use approvals are granted in the future in conjunction with the future conditional use permit request. Jim Eisele set his original purchase price at $175,000. The City had an appraisal completed some time ago which indicated that the value ofthe property is $120,000. Due to 4% int1ation in land values, the current value is approximately $124,800. According to Dan Wilson, the relocation benefits could be set at approximately $15,000 depending on actual costs to relocate. Assuming our appraisal did not account for the fence or loading dock in the value, an additional $5,000 could be added. Finally, adding an additional $5,000 for avoidance of legal fees results in a cost of approximately $150,000. This price is $6,000 less than a price acceptable to Eisele. Please note that the City need not acquire the site for the community center to develop and operate the center; therefore, the additional relocation expenses must be justified on the basis that in the future the City will need the site, and there will likely be a future need to pay relocation benefits. Also, although the site is not needed, City acquisition of the building and the associated site control will benefit the City. The building is very usable for the City, providing storage space for vehicles and equipment. In addition, the National Guard has expressed interest in leasing space from the City which would be used for doing maintenance on Guard vehicles. Finally, Eisele has indicated that he would like to keep some ofthe building fixtures, including non-explosive lights and air pressure lines. Budget impact. This is a non-budgeted item. Funds for this purchase would need to be drawn directly from reserves. B. ALTERNATIVE ACTIONS: 1. Motion to approve purchase and relocation expenses associated with City acquisition of the Eisele property in the amount of $156,000. 26 Council Agenda - 5/1 0/99 . Under this alternative, the City believes that payment of an amount in excess of the appraised value ($31,000) is justifiable given the likelihood that it will be needed in the future and there is a corresponding chance that relocation benefits will need to be paid at some point. Under this alternative, a purchase agreement would be established that provides Eisele with an out in the event he does not obtain the desired zoning decision. 2. Motion to deny approval of the purchase and relocation expenses. Under this alternative, the City would be taking the position that the building/land is not needed at this time and that there is no overriding reason why the City should purchase the land for an amount more than the appraised value at this time. 3. Motion to make a counter-offer to buy the property for an amount less than $156,00. C. STAFF RECOMMENDATION: . It is the recommendation of the City Administrator to purchase the property today. However, the purchase price requested is more than an amount than can be justified given the appraised value and guidelines for relocation benefits. On the other hand, the price, including relocation benefits, may be within reason, and the building and parcel can be put to good use by the City. Furthermore, acquisition of the site will eliminate potential for future conflicts between the Eisele operation and the community center use. This is a non-budgeted item. Funds for this purchase will need to be drawn from reserves. D. SUPPORTING DATA: Appraisal information is available if desired. . 27 BRC FINANCIAL SYSTEM 04/26/1999 08:02:07 Schedule of Bills CITY OF MONTICELLO GL050S-V06.00 COVERPAGE GL540R . Report Selection: RUN GROUP... 0423 COMMENT... 4/23 CKS OATA-JE-ID DATA COMMENT 0-04231999-851 4/23 CKS Run Instructions: Joba Banner Copies Form Printer Hold Space LPI Lines CPI J 01 Y S 6 066 10 . . BRC FINANCIAL SYSTEM CITY OF MONTICELLO 04/26/1999 08:02:01 Schedule of Bills GL540R-V06.00 PAGE 1 .ENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE POll F/P 10 LINE A T & T WIRELESS SERVICE RICK W 21.62 TELEPHONE 101.41301.3210 851 00001 JEFF 0 28.58 TELEPHONE 101.41910.3210 851 00002 GARY A 27.77 TELEPHONE 101.42401.3210 851 00003 AN SHELTER 27.77 TELEPHONE 101.42701.3210 851 00004 JOHN S 46.73 TELEPHONE 101.41301.3210 851 00005 JOHN S 47.54 TELEPHONE 101.41301.3210 851 00006 206.01 *VENDOR TOTAL ACE ENGRAVING FIRE 106.50 MISC OPERATING SUPPLIES 101.42201.2199 99-02 851 00007 AFFORDABLE SANITATION PARKS 179.75 MISC OTHER EXPENSE 225.45201.4399 990471 851 00008 ARAMARK CH 75.95 MISC OPERATING SUPPLIES 101.41940.2199 6013-886577 851 00009 AUDIO COMMUNICATIONS BLDG INSP 167. 80 REPAIR & MTC - MACH & EQ 101.42501.4044 42872 851 00010 BELLBOY CORPORATION BAR . 772.52 LIOUOR 609.49750.2510 16218200 851 00150 5.50CR MISC TAXABLE 609.49750.2540 16280600 851 00148 33.00CR MISC OPERATING SUPPLIES 609.49754.2199 29405700 851 00147 21.27 MISC TAXABLE 609.49750.2540 29519400 851 00149 755.29 *VENDOR TOTAL BERNICK'S PEPSI COLA COM 625.55 BEER 609.49750.2520 84738 851 00145 176.50 MISC TAXABLE 609.49750.2540 84739 851 00144 802.05 *VENDOR TOTAL BRC - ASSIST CENTER DATA PROC 2.157.00 PROF SRV - DATA PROCESS I 101.41920.3090 1212466RI 851 00012 BREMER/TONY REIMB 341. 04 TRAVEL EXPENSE 101.42201.3310 851 00011 CELLULAR 2000 OF ST CLOU TOM B 24.75 TELEPHONE 101.43115.3210 851 00013 FIRE 0.85 TELEPHONE 101.42201.3210 851 00014 GARY A 83.44 TELEPHONE 101.42401.3210 851 00015 MATT T 18.81 TELEPHONE 601.49440.3210 851 00016 MATT T 112.77 TELEPHONE 601.49440.3210 851 00017 JOHN S 112.77 TELEPHONE 101.43110.3210 851 00018 353.39 *VENDOR TOTAL 4IIIlENTRAL MINN INITIATIVE CMIF GRANT REIMB 1.100.21 GRANT REIMBURSEMENT 223.46501.6601 851 00019 ----.-..----.-----.-- -..--.--". ~-_._----_._- -.-------.----- BRC FINANCIAL SYSTEM CITY OF MONTICELLO 04126/1999 08:02:07 Schedule of Bills GL540R-V06.00 PAGE 3 .ENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P 10 LINE G R BERRY TECHNICAL SERV TV SYS DESIGN & MATL 500.00 MISC PROFESSIONAL SERVIC 461.49201.3199 0004899 851 00035 GAPINSKSI/RICHARD STREETS-BOOTS REIMB 90.00 CLOTHING SUPPLIES 101.43120.2111 851 00036 GENERAL RENTAL CENTER SHOP 35.13 MISC OPERATING SUPPLIES 101.43127.2199 604667 851 00037 STREETS 35.13 MISC OPERATING SUPPLIES 101.43120.2199 604674 851 00038 70.26 *VENDOR TOTAL GRIGGS, COOPER & COMPANY 96.00CR WINE 609.49750.2530 107571 851 00117 6.15CR WINE 609.49750.2530 107633 851 00116 6.32CR WINE 609.49750.2530 108185 851 00115 1,664.73 LIQUOR 609.49750.2510 40583 851 00110 166.58 MISC TAXABLE 609.49750.2540 40583 851 00111 39.75 FREIGHT 609.49750.3330 40583 851 00112 217.00 LIQUOR 609.49750.2510 40584 851 00113 1.48 FREIGHT 609.49750.3330 40584 851 00114 781.36 WINE 609.49750.2530 40945 851 00122 13.50 FREIGHT 609.49750.3330 40945 851 00123 . 2.25 FREIGHT 609.49750.3330 40946 851 00120 197.00 WINE 609.49750.2530 40946 851 00121 32.72 WINE 609.49750.2530 41345 851 00118 1. 50 FREIGHT 609.49750.3330 41345 851 00119 3,009.40 *VENOOR TOTAL GROSSLEIN BEVERAGE INC. 8.857.25 BEER 609.49750.2520 166548 851 00146 HANSON. STEVE FIRE REIMB 323.85 TRAVEL EXPENSE 101.42201.3310 851 00039 HERMES/GERALD T LI BRARY 227.50 PROF SRV - CUSTODIAL 211.45501.3110 4/30/99 851 00040 HOLIDAY CREDIT OFFICE FIRE 89.31 MOTOR FUELS 101.42201.2120 851 00041 JIM HATCH SALES CO STREETS 478.83 MISC OPERATING SUPPLIES 101.43120.2199 9389 851 00042 JOHNSON BROS WHOLESALE L 2.55 FREIGHT 609.49750.3330 964998 851 00135 336.30 LIQUOR 609.49750.2510 964998 851 00136 3.54 FREIGHT 609.49750.3330 964999 851 00133 . 489.43 WINE 609.49750.2530 964999 851 00134 265.70 WINE 609.49750.2530 966289 851 00131 10.20 FREIGHT 609.49750.3330 966289 851 00132 1,107.72 *VENDOR TOTAL BRC FINANCIAL SYSTEM CITY OF MONTICELLO 04/26/1999 08:02:07 Schedule of Bins GL540R-V06,00 PAGE 4 .OR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P 10 LINE KENNEDY & GRAVEN. CHARTE COMM CENTER 495.85 PROF SRV - LEGAL FEES 461.49201.3040 MN190-00018 851 00044 KRANZ/JEFF TRAVEL REIMB 341. 04 TRAVEL EXPENSE 101.42201.3310 851 00043 KRANZ/NEIL TRAVEL REIMB 341. 04 TRAVEL EXPENSE 101.42201.3310 851 00045 LAB SAFETY SUPPLY INC. PARKS 102.40 CLOTHING SUPPLIES 225.45201.2111 99932151 851 00046 LASER SHARP. INC. CH 90.53 DUPLICATING & COPY SUPPL101.41301.2020 26230 851 00041 MARCO FINANCING CH ADM 617.21 MAINTENANCE AGREEMENTS 101.41301.3190 4/30/99 851 00048 MARTIE'S FARM SERVICE PARKS 59.64 MISC OPERATING SUPPLIES 225.45201.2199 330515 851 00049 .RD. INC RKS 281.11 SMALL TOOLS & EOUIPMENT 225.45201.2410 36168 851 00050 MN DEPT OF TRADE & ECON SCERG GRANT REIMB 2.483.45 GRANT REIMB - AROPLAX 222.46501.6602 851 00051 MN FIRE SERVICE CERT BOA FIRE 10.00 CONFERENCE & SCHOOLS 101.42201.3320 BALOUN.DAHLH. 851 00052 MN SPORTS TURF MANAGERS PARKS MEMBERSHIP 25.00 DUES. MEMBERSHIP & SUBSC 225.45201.4330 851 00053 MONTICELLO SENIOR CITIZE MONTHLY CONTRACT 2.833.33 SENIOR CENTER CONTRIBUTI 101.45115.3136 APRIL 1999 851 00055 NORTHERN TOOL & EQUIPMEN PARKS 517. 19 OTHER EQUIPMENT 101.43120.5801 19208901 851 00056 PERSIAN'S BUSINESS EQUIP LIQ-CALULA TOR 181.05 OFFICE EQUIPMENT 609.49754.5101 6566 851 00057 PHILLIPS WINE & SPIRITS 4.62 FREIGHT 609.49150.3330 486824 851 00140 614.06 LIQUOR 609.49750.2510 486824 851 00141 1.23 FREIGHT 609.49150.3330 486825 851 00142 231.76 WINE 609.49150.2530 486825 851 00143 . 851. 61 *VENDOR TOTAL BRC FINANCIAL SYSTEM CITY OF MONTICELLO 04/26/1999 08:02:07 Schedule of Bills GL540R-V06.00 PAGE 5 .OR NAME AMOUNT FUND & ACCOUNT CLAIM INVOICE PO# F/P 10 LINE DESCRIPTION ACCOUNT NAME PIONEER PARKS 151.77 MISC OPERATING SUPPLIES 225.45201.2199 31931 851 00058 PREUSSE/JAMES L DEP REG 120.00 PROF SRV - CUSTODIAL 101.41990.3110 APRIL 851 00059 PUBLIC WORKS 150.00 PROF SRV - CUSTODIAL 101.43110.3110 APRIL 851 00060 270.00 *VENDOR TOTAL R & R MARKETING LIQUOR STORE 166.00 ADVERTISING 609.49754.3499 12119 851 00063 R J THOMAS MFG CO. INC PARKS-RIVER MILL 368.46 IMPROVEMENTS 225.45201.5301 00058290 851 00061 PARKS PIONEER PARK 545.00 IMPROVEMENTS 225.45201 .5301 00058290 851 00062 913.46 *VENDOR TOTAL RELIABLE CORPORATION/THE FINANCE 29.98 MISC OFFICE SUPPLIES 101.41520.2099 PBW44401 851 00066 PW 21.49 MISC OFFICE SUPPLIES 101.41301.2099 PDL31800 851 00064 PW 51. 98 MISC OTHER EXPENSE 101.41301.4399 PDL31800 851 00065 103.45 *VENDOR TOTAL _NT ENERGY 117.07 GAS 101.41940.3830 851 00067 DEP REG 38.73 GAS 101.41990.3830 851 00068 PARKS 99.34 GAS 225.45201.3830 851 00069 WATER 9.59 GAS 601.49440.3830 851 00070 FIRE STATION 266.07 GAS 101. 4220 1. 3830 851 00071 SHOP/GARAGE/MAINT 1.742.78 GAS 101.43127.3830 851 00072 LIBRARY 159.74 GAS 211.45501.3830 851 00073 WWTP 18.21 GAS 602.49480.3830 851 00074 2.451.53 *VENDOR TOTAL RIVERPLACE PHYSICIANS PW-ADM 25.00 MISC PROFESSIONAL SERVIC 101.43110.3199 041399 851 00075 RON'S GOURMET ICE 35.20 MISC TAXABLE 609.49750.2540 32596 851 00137 SALZWEDEL/PATRICIA A. AN CONTROL CONTRACT 1.197.49 PROF SRV - ANIMAL CTRL 0 101.42701.3120 APR 30 851 00054 SCHERB lNG/DON FIRE 323.00 REPAIR & MTC - MACH & EO 101.42201.4044 228 851 00076 SCHLUENDER CONSTRUCTION COMM CENTER 108.96 MISC PROFESSIONAL SERVIC 461.49201.3199 3519 851 00077 tt A DUB LOG INSP-TOKENS 96.00 REPAIR & MTC - VEHICLES 101.42401.4050 042399 851 00078 BRC FINANCIAL SYSTEM CITY OF MONTICELLO 04/26/1999 08:02:07 Schedule of Bills GL540R-V06.00 PAGE 7 .OR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE POll F/P ID LINE U SLINK WEB SITE 163.75 PROF SVC - WEBSITE/EMAIL 101.41920.3092 851 00096 U-SAVE AUTO RENTAL STREETS 74.20 EQUIPMENT RENTAL. 101.45201.4150 3197 851 00097 PLANNING 118.30 TRAVEL EXPENSE 101.41910.3310 4527 851 00098 192.50 *VENDOR TOTAL VIKING COCA COLA LIQUOR 337.40 MISC TAXABLE 609.49750.2540 851 00099 CH 30.89 MISC OTHER EXPENSE 101.41940.4399 851 00100 205.00 MISC TAXABLE 609.49750.2540 2206356 851 00130 573.29 *VENDOR TOTAL WATER LABORATORIES. INC WATER-TESTS 20.00 MISC PROFESSIONAL SERVIC 601.49440.3199 99D-164 851 00102 WATER-TESTS 20.00 MISC PROFESSIONAL SERVIC 601.49440.3199 990-216 851 00103 WATER-TESTS 20.00 MISC PROFESSIONAL SERVIC 601.49440.3199 990-260 851 00101 60.00 *VENDOR TOTAL WESTERN WATERPROOFING CO WWTP 3.283.00 MISC REPAIR & MTC SUPPLI 436.49201.2299 26547 851 00104 ~HT COUNTY AUOITOR-TR TIF 1-18 13.00 MISC PROFESSIONAL SERVIC 213.46518.3199 851 00105 REIMB SCERG GRANT LOAN 2.760.51 REFUNDS/REIMBURSEMENTS 0 222.46501.4395 851 00106 2.773.51 *VENDOR TOTAL Y M C A - NW CONTRACT PAYMENT 625.00 MISC PROFESSIONAL SERVIC 101.45177.3199 APRIL 1999 851 00107 ZEE MEDICAL SERVICE PARKS 51. 92 MISC OPERATING SUPPLIES 225.45201.2199 54120796 851 00108 ZEP MANUFACTURING COMPAN LIQUOR 64.55 MISC OPERATING SUPPLIES 609.49754.2199 57763461 851 00109 . BRC FINANCIAL SYSTEM 04/26/1999 08:02:07 -- 04/)OR NAME DESCRIPTION REPORT TOTALS: 'fU1) ."--". AMOUNT ACCOUNT NAME 70.703.37 RECORDS PRINTED - 000149 Schedule of Bills FUND & ACCOUNT CLAIM INVOICE CITY OF MONTICELLO GL540R-V06.00 PAGE 8 PO# F/P 10 LINE 3RC FINANCIAL SYSTEM ~3/1999 07:01:31 Schedule of Bills CITY OF MONTICELLO GL050S-V06.00 COVERPAGE GL540R Report Selection; RUN GROUP... M430D COMMENT... 4/30 MANUAL CKS DATA-JE-lD DATA COMMENT M-04301999-865 4/30 MANUAL CKS ~un Instructions: Joba Banner Copies Form Printer Hold Space LPI Lines cpr J 01 Y S 6 066 10 . . aRC FINANCIAL SYSTEM CITY OF MONTICELLO .3/1999 07:01 :32 Schedule of Bills GL540R-V06.00 PAGE 1 VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE POll F/P ID LINE ABM EQUIPMENT & SUPPLY I PIPE RACK 4,526.25 OTHER EQUIPMENT 602.49490.5801 865 00024 1999 VAC CON 19,900.00 MOTOR VEHICLES 240.49201.5501 865 00025 1999 VAC CON 118,100.75 MOTOR VEHICLES 262.49201.5501 865 00026 1999 ICH MODEL 2554 55,100.00 MOTOR VEHICLES 240.49201.5501 865 00027 197,627.00 *VENDOR TOTAL DATA OPTICS WRONG VENDOR 577.19CR OTHER EQUIPMENT 101.43120,5801 865 00022 GAPINSKI!AL STEEL TOE BOOTS REIMB 90.00 CLOTHING SUPPLIES 101.43120.2111 865 00034 GAPINSKI/RICHARD CEMENT MIXER 400.00 OTHER EQUIPMENT 225.45201.5801 865 00019 CK VOID 90.00CR CLOTHING SUPPLIES 101.43120.2111 865 00030 310.00 "VENDOR TOTAL GOVERNMENT TRAINING CENT RICK-MCMA/MACA CONF 185.00 CONFERENCE & SCHOOLS 101.41301.3320 865 00023 ~ER/EARL & DONNA E-PURCHASE GRAVES 400.00 REFUNDS/REI MBURSEMENTS 0 651. 490 10.4395 865 00035 LUCPER, INC HWY 25-LAND 99,338.00 LAND 450.49201.5101 865 00014 MARQUETTE BANK MONTICELL TRANSFER TO 4M FUND 1,000,000.00 INVESTMENTS 955.10401 865 00036 MN DEPART QF NATURAL RES DEP REG 1,076.00 DNR PAYABLE 101.20811 865 00012 DEP REG 1,826.00 DNR PAYABLE 101.20811 865 00015 DEP REG 1,241.00 DNR PAYABLE 101.20811 865 00021 DEP REG 2,388.00 DNR PAYABLE 101.20811 865 00028 DEP REG 2,546.00 DNR PAYABLE 101.20811 865 00039 9,071 .00 *VENDOR TOTAL MONTICELLO DEPUTY REG 110 99 INTERNATL REG & ST 3,612.50 LICENSES & PERMITS 240.49201.4370 865 00029 OHNSTAD/ELMER WWTP-TRAVEL EXPENSE 172.48 . TRAVEL EXPENSE 602.49480.3310 865 00031 WWTP-CONFERENCE 134.00 CONFERENCE & SCHOOLS 602.49480.3320 865 00038 306.48 *VENDQR TOTAL 4111tERT E MURRAY EIMB FOR TRIP 106.13 TRAVEL EXPENSE 101.41910.3310 865 00017 BRC FINANCIAL SYSTEM ~3/1999 07:01:32 VENDOR NAME DESCRIPTION SCHARBER & SONS, INC, CHANGE TO 225 CHANGE TO 225 SIMONSON LUMBER COMPANY CHANGE TO 225 CHANGE TO 225 ST BENEDICT'S CENTER SANITARY SEWER ACCESS TDS TELECOM CHANGE TO 225 CHANGE TO 225 U S POSTMASTER DEP REG - POSTAGE ~NESTY DAY- FLYERS STAGE EWER UNIVERSITY OF MINNESOTA CK VOID PARKS-MANUALS( PESTICIDE) WRIGHT HENNEPIN SECURITY CHANGE TO 225 CHANGE TO 225 WSB & ASSOCIATES, INC, ADD PROJ 11 ADD PROJ 11 . Schedu 1 e of Bi 11 s AMOUNT FUND & ACCOUNT ACCOUNT NAME 221,71CR VEHICLE REPAIR PARTS 221.71 VEHICLE REPAIR PARTS 0,00 *VENDOR TOTAL 101.45201.2211 225,45201.2211 250.11CR BUILDING REPAIR SUPPLIES 101.45201.2230 250.11 BUILDING REPAIR SUPPLIES 225,45201.2230 0.00 *YENDOR TOTAL 68,000.00 SAN SEWER ACCESS - BASIC 262.34110 138.12CR TELEPHONE 138.12 TELEPHONE 0.00 *YENDOR TOTAL 101.45201.3210 225.45201.3210 357.00 400.34 188.91 188.91 1,135.16 POSTAGE POSTAGE POSTAGE POSTAGE *VENDOR TOTAL 101.41990.3220 101.43230.3220 601.49440.3220 602.49490.3220 80.00CR CONFERENCE & SCHOOLS 101.45201.3320 80.00 BOOKS & PAMPHLETS 225.45201.4350 0.00 *VENDOR TOTAL 15.98CR MAINTENANCE AGREEMENTS 101.45201.3190 15.98 MAINTENANCE AGREEMENTS 225.45201.3190 0.00 *VENDOR TOTAL 90.50CR PROF SRV - ENGINEERING F 101.41910.3030 90.50 PROF SRV - ENGINEERING F 101.41910.3030 0.00 *YENDOR TOTAL CITY OF MONTICELLO GL540R-V06.00 PAGE 2 CLAIM INVOICE POll F/P 10 LINE REIMB 865 00003 865 00004 865 00001 865 00002 865 00033 865 00007 865 00008 865 00013 865 00016 865 00031 865 00032 865 00018 865 00020 865 00005 865 00006 865 00009 865 00010 BRC FINANCIAL SYSTEM ~3/1999 07:01:32 VENDOR NAME DESCRI PTI ON REPORT TOTALS: . . AMOUNT 1,379,610.08 ACCOUNT NAME RECORDS PRINTED - 000038 Schedule of Bills FUND & ACCOUNT CITY OF MONTICELLO GL540R-V06.00 PAGE 3 CLAIM INVOICE PO# F/P ID LINE ~^FINANCIAL SYSTEM ~3/1999 07:01:33 Schedule of Bi11s FUND RECAP; FUND DESCRIPTION DISBURSEMENTS , 01 GENERAL FUND 225 PARK FUND 240 CAPITAL PROJECT REVOLVING FD 262 SANITARY SEWER ACCESS FUND 450 96-04C HWY25/MNDOT IMPR 601 WA TER FUND 602 SEWER FUND 651 RIVERSIDE CEMETERY 955 INVESTMENT HOLDING FUND 8.842.36 1.105.92 78.612.50 186.100.75 99.338.00 188.91 5.021.64 400.00 1.000.000.00 TOTAL ALL FUNDS 1.379.610.08 BANK RECAP: . D I SBU RSEMENTS NAME GENL GENERAL CHECKING 1.379.610.08 TOTAL ALL BANKS '1.379.610.08 THE PRECEDING LIST OF BILLS PAYABLE WAS REVIEWED AND APPROVED FOR PAYMENT. DATE ............ APPROVED BY .. ...... ... ............ ....... t.. .... ... .......... ...... ....... .... ............... ........ .... ...... . CITY OF MONTICELLO GL060S-V06.00 RECAPPAGE GL540R . COUNCIL UPDATE May 6, 1999 Uodate - Monticello Orderly Annexation Area Land Use. (NAC) A. REFERENCE AND BACKGROUND: The MOAA Board met on Wednesday, May 5, to discuss the land use plan. The Board initially discussed the idea of preparing a proposed plan by going parcel-by-parcel throughout the OAA. It was felt that due to the amount ohime left prior to the agreement's expiration date, however, that the Board should proceed to adopt a plan, then discuss any changes necessary once there was no time pressure. The Board did not wish to accept the City Council's proposal but believed that they were constrained by the requirements of the agreement to incorporate "Exhibit C" - the version of the Southwest Area Concept Plan attached to the annexation agreement. . To address these issues, the Board adopted a Land Use Plan which incorporates Exhibit C, establishes a "Public/Quasi-Public" designation on YMCA land in the area, and designates the Gold Nugget property as industrial. The Board also established a moratorium on annexations within the area covered by Exhibit C, pending a public hearing on land use changes to be held on July 7. The Board acknowledged the concern that this "land use plan map" is incomplete and that a significant amount of text and narrative is necessary to adopt a complete land use plan. Toward this end, the Board included an adoption of existing county agricultural land use policies as a component of the "plan". The action of the Board creates two concerns for the City. First, the agreement with the Township requires that the Board adopt a "land use plan" within a specified time. Clearly, the Board views its action last Wednesday as having accomplished that requirement, although they also acknowledge a number of significant defects in their "plan", both with regard to land use mapping and in narrative support. An additional concern which may be raised is with the extent of public involvement contributing to the adopted version. Several of the land use recommendations, including the Gold Nugget industrial designation, while being discussed at public meetings, have not had the benefit of the required formal public hearing. None of the county narrative has been discussed at all (let alone at a public hearing), until it was referenced in at the time of the adopting motion. . The second concern involves the plan's conflicts with the City's Comprehensive Plan. The City has been planning for industrial development to occur along the Chelsea Road extension as it extends to the northwest, while residential development has been programmed for land to the south and southwest. With respect to the Gold Nugget parcel, the industrial designation by the MOAA Board will need to be addressed. As noted by staff previously, the City will need to make a number of system upgrades to serve the entire 220 acres as industrial development. The MOAA Board established the industrial designation based on two general findings. First, there is an ongoing concern over the likelihood that the Gold Nugget property will spur higher-end residential development. Second, the MOAA Board originally brought up industrial use on this site as an exchange for industrial land it plans to remove from Exhibit C, particularly the "Bohanon/Paumen" property east of Silver Springs Golf Course. However, the Gold Nugget land has a number of issues which make industrial development either impractical or impossible. F:\KAREND\WORDPROC\AGENDA$IOAA-CC: 5/6/99 Page 1 In the long term, industrial development on Gold Nugget will require sanitary sewer upgrades which have not been programmed. While residential development will require a lift station improvement (to be timed with development demand), industrial land uses will require . replacement of pipe which is currently in the ground, and significantly larger lift station capacity. Moreover, the volume of truck traffic generated by industrial development is a long-term problem for either the TH 25 corridor or the residential areas along County 117 and School Boulevard to the north and east of this site. In the short-term, the Gold Nugget property may not be developable for industrial at all. Since sanitary sewer and water access to the property is at the northeast comer of the site, any new development will need to rely on either County Road 117 or the Township Road 85th Street for aCCess. Neither of these roadways is capable of handling year-round industrial traffic. For example, County 117 is rated as a 7-ton road, with spring load limits. It does not reach 9-ton standards until the Dundas intersection, according to County Highway Department staff. Moreover, MNDOT has denied development access to TH 25, so even a large development stretching from 117 to 25 would not solve the road problem. Therefore, no industrial development can occur until a new road is built to serve the property. If industrial development is to be the long-term land use for this property, the following issues must be addressed: 1. Revise the City's Comprehensive Plan to establish a proposed industrial designation for the area. 2. Revise the City's utility plans (including sanitary sewer, water supply, and stormwater management) to provide for increased sewer and water flow to the area, and increased stormwater flow from the area. . 3. Petition the County and Township for upgraded road development which will support the proposed industrial land use. This should include 9-ton standards for County Road 117 from 85th Street to Dundas, and for 85th Street from County 117 to TH 25. 4. Revise the City's Transportation Plan to develop a route for new truck traffic which will avoid conflicts with residential and school development. B. ALTERNATIVE ACTIONS: None at this time. C. STAFF RECOMMENDATION: Staff recommendation would be to take the appropriate actions in support of the selected land use plan. If Industrial development is preferred on the Gold Nugget property, this would include the steps listed above. If residential development is still preferred, a petition to the OAA Board to amend its land use plan would be appropriate. D. SUPPORTING DATA: . None. F:\KARENDlWORDPROCIAGENDAS\OAA-CC: 5/6/99 Page 2 . ~ . to .$J UPDATE: Danner Truckin~ Land Sale A update memorandum from the City Attorney is attached relating to the status of land acquisition south of the land owned by Danner Trucking. Generally, the steps that must occur in order for Mr. Danner to obtain a building permit are as follows: 1. The City must execute a valid purchase agreement for Parcel No. 15 in the Highway 25 Improvement Project, based on an accurate legal description. 2. The City must determine the total of "recent costs for acquisition" of the land from Parcel No. 15 in the Highway 25 Improvement Project. 3. The City must determine sale price of that portion of Parcel No. 15 to be sold to Mr. Danner. 4. The City and Mr. Danner must execute a purchase agreement for land to be sold to Mr. Danner. 5. Mr. Danner must submit all required submittals for building permit including: I. An agreement that no certificate of occupancy will be issued and that the subject building will not be occupied for any purpose until fee title for the land has been acquired by Mr. Danner. 2. Completed Application Form 3. Three (3) complete sets of plans and specifications which may include: o Land Survey (Boundary or topographic required)"'''' o Civil/Site Development Plans for Grading, Drainage, Storm Sewer, Paving, Lighting, Utilities" 4. Two (2) comolete sets of plans and specifications which may include: o Soils Analysis (the site is known to be filled) o Site Plans 0 Landscape Plans o Building Plans" 0 Energy Calculations o Structural Plans" 0 Mechanical Plans" o Plumbing Plans"'''' o Electrical Plans and Energy Calculations/Lighting Plans" o Shop drawings, structural calculations and other documents as necessary NOTES: ** As applicable, plans and specifications must be prepared and certified by a Minnesota licensed Architect, Engineer or Land Surveyor according to the laws of the State of Minnesota. When a Master Plumber or Master Electrician prepares plans and specifications for his own work, plans and specifications must be certified with the signature and license number of that individual. Recordine: of land use documents, and on-site development sureties must be approved and in place prior to buildine: permit issuance. Required on-site development sureties are bonds or letters of credit (or approved equal) that are required to insure the installation and maintenance of required landscaping materials such as trees, shrubs and sod. MAY. -06' 99(THU) 14:31 OLSON USSET & WEINGARDEN P. L. L. P TEL:612 925 5879 Fred Patch May 6, 1999 Page 2 As of this moment a new offer has gone to the aeller'liI attorney. That offer contemplates paying $14,000 for Parcel 15, which is the seller'a appraililed value. If that offer is accepted, we will be able to enter into a purchase agreement in the very near future. That will allow us to calculate the City's costs for the property and, once we have the legal description, we will be able to calculate the per square foot cost and make an appropriate allocation t:o the portion we. contemplate transferring to Mr. Danner. Please feel free to call if you have any questions. DEDikm 11.9011 ~ . t l_ APR, -23' 99(FRI) 08:44 . . . OLSON USSET & WEINGARDEN p, L, L, P TEL:612 925 5879 p, 002 OLSON, USSET & WEINGARDEN P.L.L.P. PAUJ,..A.. WEING-'IlDEH. DAvm J, USSET TROM41 B. OLSON"" DENNIS E. DAUN '''1a4 CEll'l'VlD .&4r. PJllI1'tRTY llI'&CI4r.IIT '''M1IUo CUTltrll1l CML TRlA..ll'ICIAWT A'ITORNlYSATLAW sum 300 4500 PARK GLEN ROAD MINNEAPOUS. MN 5541li TlLIPRONli. (6JJ)I)25-CIS18 FAX (612)125-11'79 LEGAL ASSIS'fANTS SDlRUR AtJ.El'II/ DEBRA BAKU KI~ FORTlN JaUY OLSON DONNIE mONNES ROCKFORD omCE TELEPHONE ('11)477-1010 OllRFILENO. 7915 (48) April 23, 1999 Mayor and Counoil Members City of Montieello 250 Eaet Broadway P.O. Box 1.147 Monticello, MN 55372 Rei Olga Swanson Property/Danner Trucking Dear Mayor and Council MemPer~: I have had additional discussions with Mr. Jim Fleming concerning the sale of property being condemned by the City to Mr. Danner. At this point the City is continuing to research h~s filea to determine what the coat has been to date. In addition, I have contacted the city engineer to iet legal desoriptions of the property the City will be retainJ.ng and that which it will be transferring to Mr. Danner. It may be necessary to do a survey of the property to get the proper legal descriptions. I note that with respect to the vacation of Marvin Road, one of the contingencies was completion of the condemnation process for the oompletion of Dundas Road. It should be noted that the condemnation process is not yet complete. The interests of the Olga Swanson heirs has been negotiated and acquired. As to Mr. Wolters. interest, a Purchase Agreement has been forwardeQ to his attorney for signature. Once the City closes with Mr. Wolter. the condemnation prooess will be complete, or rather a purohase in lieu of condemnation will have completed the process. Once legal descriptions are complete, we will be able to finalize the Purchase Agreement. Please feel free to call if you have any questions. DED:km ce: Rick Wolfsteller . . . COUNCIL UPDATE INFORMA TIONAL ITEM ONLY JOHN SIMOLA, PUBLIC \VORKS DIRECTOR MAY 10,1999 SUBJECT: Park Maintenance Worker replacement for Jeff Gustafson City Staff advertised for a Park Maintenance Worker replacement for Jeff Gustafson who left to take a supervisory position in North Dakota. We received 59 applicants for the position, and the selection committee consisting of the Public Works Director, City Administrator and Parks Superintendent interviewed seven candidates. The committee unanimously chose Mr. Michael Rogers of Monticello for the position. Mr. Rogers, and Elk River native, has a broad based range of skills which will be very helpful to the Parks Department. He was most recently employed as an Environmental Services Director for Beverly Enterprises in Long Lake, Minnesota. This position involved maintaining buildings, equipment, utilities and grounds for a health care facility. Mr. Rogers also has 4 Y2 years of Park Maintenance Worker experience with Park Districts in the state of Illinois. Mr. Rogers is scheduled to start on May 17 at the union entry level. If there are any questions, please feel free to contact me at this evenings meeting. John Simola, Public Works Director . . . COUNCIL UPDATE INFORMATIONAL ITEM ONLY Ollie Koropchak, Economic Development Director May 10, 1999 Industrial Development Project Update: 100 + acre site request - At the last Council meeting, Council committed to physically having the infrastructure to the industrial land use site within the Southwest Corridor of the City's Comprehensive Plan completed by Fall 2000. Based upon that commitment, Monticello's proposal was submitted to the real estate broker. Monticello has made the short list in the site " selection process and the broker is scheduled to view the site on Tuesday. This is a manufacturing company. 200,000 sq ft building and 20 acres - This project is moving along and still anticipated for 1999. The company is securing its financing prior to moving ahead. The job and wage goal levels were submitted to Council last month as the company is requesting IIF assistance. I heard no comments from Council members relating to wage levels. 35,000 to 40,000 sq ft building and 7 acres - This company is a well-established Minnesota manufacturing company looking to expand. 75 jobs within two years, $10 to $16 per hour excluding benefits. The prospect team is scheduled to visit the company headquarters in Minneapolis on Wednesday. Looking at Becker, Big Lake, Maple Grove, and Wisconsin. We'll need a competitive package. 1999 project. Phase II, an additional 35,000 to 40,000 sq feet for a total projection of 200 employees 75 to 100 acres - This company has slowed down their site selection process due to new company analysis data.