City Council Agenda Packet 05-10-1999
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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.
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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.
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Agenda
Monticello City Council
May 10, 1999
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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.
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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.
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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.
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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 ~
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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.
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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.
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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:;'\
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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.
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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.
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Mr. Ken Schwartz requested a breakdown of the items included in the miscellaneous
assessment amount.
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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.
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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.
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Mr. Ken Schwartz requested a breakdown of the items includcd in the miscellaneous
assessment amount.
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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.
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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.
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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(~
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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,
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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
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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.
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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
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.
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
.
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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
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~UILDINQ ELEVATIONS
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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
.
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EXHIBIT C: SOUTH & NORTH EXTE lOR ELEVATIOrJ
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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
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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
.
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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
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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(--' ,
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EXHmIT B
Plat
See attached plat
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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
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EXHIBIT E
Dlsbur.ement Agreement
See attached draft
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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:
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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
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. 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
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65/67/1999 69:35
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6123689848
HUBER LAW OFFICE, PA
PAGE 21
51(-1,0 Page 4
05/07/1999 89:35
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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
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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
.
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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
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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
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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
/
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--
.~",::.;..-..-~...-- ...---
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
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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 ....
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. 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.