City Council Agenda Packet 01-27-2003
AGENDA
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday January 27, 2003 - 7 p.m.
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Mayor: Bruce Thiclen
Council Members: Brian Stumpr Roger Carlson, Glen Posusta
1. Call to order and Pledge of Allegiance
2. Approve minutes of January 13, 2003 regular Council meeting.
3. Consideration of adding items to the agenda.
~: [D,4 4ff't-'(f"'~'1t- (COIJ~l'~,f)
4. Citizens comments/petitions, requests, and complaints.
5. Consent agenda.
A. Consideration of ratifying new hires as identi fied.
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B. Consideration of renewal ofpcl\vn shop license for Waifs Pcl\\n Shop.
6.
~ Consideration of items removed from the consent agenda for discussion.
7.
Public I tearing on adoption of delinqucnt utility accounts f\.)r third quarter 2002 and certification of
amounts to Count\.
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1\(,lG)
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Consideration of appeal of Planning Commission decision to approve a \ariance request by TDS
Telecom to rcduce the buffer yard setbacks. (7~tMy(h. i:" ,'tf'1.kP-? Tb D/L-1;if~;::J;)
9.
Consideration of approving proposed purchase and lease agreements of e\:change of the library f~lcility
and i\brquette Bank property.
10.
Approve payment of bills for January
11.
Adjourn
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MINlJTI~S
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, .January 13,2003 - 7 p.m.
Members Present:
Roger Carlson, Glen Posusta, Brian Stumpf and Bruce Thielen.
Melnbers Absent:
None.
City Administrator, Rick Wolfsteller, gave the oath of o1Tice to the new Mayor, Bruce Thielen, and to
Councilmelnber Glen Posusta.
1. Call to Order and Pled1!e of Alle2iance.
Mayor Thielen called the meeting to order and declared a quorum present. The Pledge of
Allegiance was said.
2.
Considerations of options for filling vacancy on Council.
City Administrator, Rick Wolfsteller, reviewed the options for filling the balance of the council term
that was held by Bruce Thielen. The Council could lnake an appointment from the other candidates
who ran for office in the 2002 election. They could conduct a special election to fill the position or
they could solicit interested individuals, conduct interviews and appoint someone from the list of
applicants. Brian Stumpf felt that a selection should be made from the candidates who ran for office
since they had shown their interest by running for the position. R.oger Carlson stated that many
people who had interest the position did not run because of the large, number of candidates that
were already in the race and by restricting the appointment to only those people who had run for
of/ice the City would be eliminating a group who were interested in serving but did not run. Glen
Posusta concurred with Brian Stumpf that one of the candidates who had run for o11ice should be
considered.
BRIAN STUMPF MOVED TO APPOINT THE THIRD HIGHEST VOTE GETTER IN THE
2002 ELECTION, TOM PEIZRAULT, '1"0 FILL TIlE BALANCE OF 'rilE COUNCIL TERM
()l<" BRUCE THIL':LEN. GLEN POSUSTA SECONDED THE MOTION. UPON VOTE
BEING TAKEN, POSUS'I'A AND STUMPF VOTED IN FAVOR THEREOF AND
CARLSON AND THIELEN VOTED AGAINST.
City Administrator, Rick Wolfsteller advised that in the case of a tie vote, the Mayor cottld appoint
an individual at his discretion to fill the vacant seat. Bruce Thielen stated that he wants to do the
application process and not make an appointment at this meeting. He suggested that the City take
applications to fill the vacant council position until 4:30 p.m. on January 31,2003. The Council will
then rank the applicants and a speciallneeting will be set for Monday, February 10,2003 at5 p.m.
for the Council to interview the top ranking applicants.
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Council Minutes - 1/13/03
3.
Approve minutes of the December 9, 2002 regular Council meeting.
ROGER CARl ,SON MOVED TO APPROVE TIlE MINUTES OF TI-IE DECEMBER 9, 2002
REClULAR COUNCIL MEETING. BRIAN STUMPF SECONDED TlIE MOTION.
MCrrlON CARRIl':I) UNANIMOUSLY.
4. Consideration of addin1! items to the agenda.
Mayor Thielen added to the agenda: I) Acknowledgment orthe investigative report on Glerl
Posusta's residency requirement; 2) Scheduling ofa meeting oflocal government units to discuss the
budget deficit and its impact on the various units: 3) Set a workshop fl1r the Council to identify goals
and establish priorities flX what the Council wants to accomplish; 4) Announce office hours for the
Mayor andS) Update on the status of the library building.
5. Citizen comments/petitions, requests and complaints.
Mayor 'fhielcn stated that the purpose of the citizen comments portion orthe meeting was to allow
residents an opportunity to comment on items that were not on the agenda. I Ie stated that there
would be a follow up staff report relating to any questions and issues brought up in this portion of the
meeting.
A.
Rick Borden, city auditor, and Tom Koop. a representative from Larson Allen came
bdl)l'e the Council to discuss recent changes that have occurred in the firm that had done the
City's auditing for many years. Rick Borden stated that as, of January 1,2003 Gruys
Borden and Carlson had merged with Larson Allen. Although the firm name has changed,
the staff remains essentially intact and they will be keeping their onice location in Monticello.
Rick Borden noted that with the changes taking place in auditing requirements such as
GASH 34, there was a need for lllore specialized help. The rnerger with Larson Allen
brings in this specialized help.
B. Dick Frie, Planning Commission Chair, informed the Council that because of the large
number of public hearings and lengthy agendas, the Planning Commission has changed the
starting time for their meetings, which is normally the first Tuesday orthe monthhom 7 p.m.
to 6 p.m. in an effort to adequately address all issues that come bdl)re the Planning
Commission.
c.
Joan Larson, 11 Sandtrap Circle, questioned the Council's giving the land for the proposed
ice facility. She stated that with the economy as it is, the City should look at generating
SOlne revenue from this property rather than giving it away. Ms. Larson stated that revenue
frorn the land could be used fl)r infrastructure improvements such as the extension of 7th
Street. She specifically questioned whether the Council had voted to do so. Bruee 'fhielen
slated that the Council had not voted 011 it but it was the consenslls orthe Council to provide
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Council Minutes - 1/13/OJ
the land fl.lr the f~lCility.
D.
Christina Johnson Koshiol from the Briar Oakes area stated her interest in getting more
involved in the community. She felt there was a need to get more information out to the
public including agendas, minutes, etc. It was noted that the City's website was not current
and Jeff O'Neill explained that the person who had rnaintained the City's website had left his
position and the City had not yet JiIled the vacancy.
6. Consent Acenda.
A. Consideration of approving new hires and departures for Community Center and Parks.
Recommendation: Ratify the new hires as identified.
B. Consideration of resolution authorizing mutual aid assistance. Recommendation: Adopt
the resolution granting the City Administrator authority to provide emergency equipment and
personnel to other jurisdictions as warranted. Res. No. 2003-1.
C. Consideration of adopting increases to the development fee structure. Recommendation:
Adopt the 2003 fee structure.
D.
Consideration of a request to amend the preliminary plat of Groveland Fourth Addition and
rezone hom A-O (agriculture) to R-I (single tllmily residential) and B-2 (Business)
Recommendation: 1) Rezoning ~ Approve the rezoning for Grovcland 4th Addition ii'om
A~O to R I and .B-2 based on the finding that the rezoning is consistent )\lith the
Comprehensive Land Use Plan and will accommodate orderly land use and transportation
patterns in the area. 2) Approve preliminary plat for Groveland 4th Addition based on a
nnding that the plat layout appears to renect the appropriate zoning standards with the
condition that Lots 11-13, Block 6 and Lot 6, Block 5 are redesigned to avoid the sharply
pointed rear yard design, the applicant supply a landscape plan in compliance with the
buJTeryard standards and the revised R~ 1 plat regulations, and agreements/easements are in
place allowing connection to the future alignment of School Boulevard. Ord Amd #384.
E. Consideration of resolution authorizing feasibility study for Marvin Road sanitary sewer lift
station and trunk improvements serving the Groveland Subdivision. Recommendation:
Authorize completion of a feasibility study on trunk sanitary sewer improvements serving the
Ci-rovcland subdivision. Res. No. 2003-5.
F.
Consideration of a conditional use permit PUD for development of a Home Depot located
on Ceelar Street between Dundas Road and Chelsea Road. Applicant: Rirchland
Development Co., John Lundsten, Jerry Mathwig, Lee Parks and 'rhe Home Depot.
Recommendation: Approve the pun concept plan based on the finding that the PUD
concept plan, with conditions is consistent with the City's Comprehensive Plan and is in
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Council Minutcs - 1/13/03
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cOlnpliance with the City's Zoning Ordinance. Conditions of approval:
I. A landscape plan is submitted tbat includcs screening of the loading area and rnechanical
equiprm;nt li'om Cedar Street.
7 The outdoor scasonal sales area is acceptable but must meet landscaping and performance
standards identified at development stage PUD.
3. Landscaped islands are added in li'ont of the entry vestibule and along the drive aisle adjacent
to the neighboring retail site.
4. The entire parking and drive area is surrounded with curbing.
5. Incorrect properly lines arc eliminated li'orn the site plan to add clarity.
6. Ifphasing of the storm water detention pond is proposed, this is incorporated as part of the
planning and would be subject to review and approval by the City Engineer.
7. The developcr submit a complete PUD development stage application in accordance with
Chapter 20. Section 20-4[B]5 of the Zoning Ordinance requires that the development stage
application be submitted within nine (9) months of the date ofconccpt plan approval.
X. Comments fronl other City staff.
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c.
Consideration of authorization to submit an Environtncntal Assesstnent Worksheet to the
I':nviromnental Quality Hoard for the I--Iome Depot/Retail I3 development.
R('coJllln('ndation: Move to accept the Ilome Depot/Retail B Environmental Assessment
Worksheet and authorize publication in the FQH Monitor.
I-I. Consideration of approving joint resolution supporting annexation or 2 acre Richard
Davidson parcel. Recommendation: Adopt the joint resolution supporting annexation of
the Davidson parcel as proposed. Res. No. 2003-2
I. Consideration of approving joint resolution supporting annexation 01'55 acre Chadwick
parcel. R(,collllll('lldation: Adopt the joint resolution supporting annexation of the
Chadwick parcel. Res. No. 2003-3.
J. Consideration of a resolution authorizing preparation of a feasibility study on construction of
the Meadow Oaks Sanitary Sewer Bypass. R('commcndation: Authorize City Engineer to
cotnplcte a feasibility study as proposed in the City Engineer's letter of January 10,2003.
Res. No. 2003-6.
K.
Consideration to amend the Contract for Private Development by and among Front Porch
LTD., the HRA and the City. R('commcndation: Move to amend the Contract for Private
Developtnent by and among Front Porch Ltd., the lIRA and the City consistent with the
HRA motion of January 8, 2003.
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Council Minutes - 1/13/03
Brian Stumpf requested that item #6C be removed from the consent agenda fl.)r discussion.
ROGER CARLSON MOVED TO APPROVE THE CONSENT AGENDA WlTHlTEM //6C
BEING REMOVED, BRIAN STUMPF SECONDED THE MOTION, M(J'T'ION CARRIED
UNANIMOUSL Y.
7. Consideration of items removed from the consent ~H!enda for discussion.
Item #6C relates to an increase in the various fees the City charges and Rick Wolfsteller clarified
that the fees were increased about 4% which was in keeping with what was done in the past. The
only item that had a significant increase over 4lYo was the water meter fee. The City is requiring
radio read meters for all new construction and will eventually retrofit all existing meters to be radio
read. The cost for this type of meter is higher. Brian Stumpf felt the staff should survey other
communities as to what they charge in fees to make sure the City is not out of line.
BRIAN STUMPF MOVED TO APPROVE 'IlIL DEVELOPMENT FEES fOR 2003 AS
RECOMMENDED WITH THE STAFF TO CONDUCT A SURVEY OF FEES CHARGED
BY CHIIER COMMUNITIES. ROGER CARLSON SECONDED 'rI IE MOTION. MOTION
CARRIED UNANIMOUSI,y.
8.
Consideration of annual appointments for 2003.
The Council reviewed the appointments for 2003. It was noted that the depository should be
corrected to read Wells Fargo instead of Marque~te Bank, Bruce Thielen reviewed the
appointment of Council representatives to various boards and noted that when an individual is
appointed to Jill the vacant Counei I position, he/she will also be assigned to serve as I iaison to a
board.
ROGER CARLSON MOVED TO APPROVE THE FOLLOWING APPOINTMENTS:
2003 ANNUAL APPOINTMENTS
Official Depositories:
Wells Fargo - Monticello
Chief Financial Officer - authorized to designate
other depositories for investment purposes only.
Newspaper:
Monticello Times
Health Officer:
(1 year)
River Place Physician Clinic
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Acting Maym':
(1 year)
Joint Commissions:
Community Education
Fire Board
Attorney:
Planner:
Auditor:
Recycling Committee:
Engineer:
Housing & Redevelopment Authority:
(5-year staggered terms)
Planning Commission:
(Assuming 3-year staggered tenllS)
Library Board:
(3-year staggered)
Economic Development Authority:
(6-year staggered terms)
Council representative to be announced
Police Advisory Commission:
(3-year staggered terms)
Parks Commission:
(3- year staggered tenl1s)
Council Minutes - 1/13/03
Urian Stumpf
To be announced
Rick WolJsteller and Brian Stumpf
Matt Braid
Camphell Knutson
Northwest Associated Consultants (Steve Grittlnan)
Larson Allen & Associates
(lien Posusta
WSB & Associates
NAME
TERM EXPIRES
1.
Steve Andrews
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2.
Dick Frie
Rod Dragstcn
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Tom Parker
Dawn Grossinger
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2.
1.
2.
Brian Stump( Council
Liz DeMarais
1.
2.
Nancy McCaffrey
I ,any Nolan
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] 2/2008
12/2005
12/2005
12/2005
12/2005
12/2008
12/2008
12/2005
12/2005
12/2005
12/2005
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Council Minutes - 1/ 13/03
DAT (Design Advisory Team)
(2-year staggered terms)
1.
2.
I~on Hoglund
Roberta (Jerads
12/2004
12/2004
MCC Advisory Board
(3-year staggered tenns)
MCC established 9/11/00 and members
'lppointed 10/9/00.
1.
2.
Richard Ouiek
Bruce Thielen
12/2005
12/2005
Council liaison (ex-officio) appointments to City committees:
2003 Liaison
Roger Carlson
Brian Stumpf
Bruce Thielen
Brian StUlnpf
Glen Posusta
Bruce Thiclen
HRA
Planning Conlmission:
Parks Conllnission:
Police Commission:
Library Board:
MCC Advisory Board
BRIAN STUMPf SECONDED TIlE MOTION. MUrlON CARRIED UNANIMOUSLY.
9.
Consideration of approvin{! ioint resolution with Monticello 'fownship for annexation of
Kicllber{!'s West Mobile Home Park.
City Administrator, Rick Wol1"stelleL updated the Council on the status of the sewer connection for
Kjellberg's West Mobile Home Park noting that service connection has been made. Monticello
Township has approved the proposed annexation resolution. The only question was the number of
units to be serviced. The development agreement of 1998 specified 200 units but it appears there
may be one or two more units.
BRIAN STUMPF MOVED TO APPROVE Tl-IE JOINT RESOLUTION FOR TilE
ANNEXATION OF THE KJELLBERO.S WEST MOBILE IIOME PARK CONTINGFNT
ON THE PA YMENT OF fEES FOR 200 OR 201 UNITS AT THE 1998 RATE. ROGER
CARLSON SECONDED T'IIE MOTION. MOT'ION CARRIED UNANIMOUSLY.
Other Items:
Mayor Thielen acknowledged receipt of the investigative report Ii'om Levander, Gillen and Miller regarding
the residency requirements for or/ice ancl that Glen Posusta met these requirements.
Mayor Thielen then discussed setting a special meeting fe)l" the Council to discuss goals and priorities.
Mayor Thielen stated that time and resources are limited so it is important do this type of planning. The
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Council Minutcs - 1/13/03
. meeting was set for January 27,2003 at 5 p.m.
Mayor 'fhielen announced that he will have office hours at the City Hall on the 2"d and 4th Mondays from 3
p.m. to 7 p.m. He can also be reached via e-mail at:bruce.thiclcn(~iki.monllcellQ.Jl~!llL.i
City Administrator, Rick Wollsteller, updated the Council on the status of the library. The library is
normally closed for some period over the holidays. Because of the proposed relocation to the new building,
it was determined that the library would remain closed until they could mobr. The purchase documents have
been sent to Wells Fargo but have not yet been returned. Once these documents have been received, the
City will then work on the lease back arrangements.
10. Approve pavment of hills for .Januarv.
BRIAN STUMPF MOVED TO APPROVE PA YMENT OF THE BILLS FOR JANlJARY.
GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
] L Adiourn.
ROGER CARLSON MOVED TO ADJOURN AT 7:55 P.M. GLEN POSUSTA SECONDL:D
THE MOTION. MOTION CARRIED UNANIMOUSLY.
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Recording Secretary
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Council Agenda - 1/27/03
Consideration of approvinc: new hires and departures for Community Center and Parks.
(RW)
A. REFERENCE AND BACKGROUND:
The Council is asked to ratify the hiring of new employees that have occurred recently in the
Community Center and Parks Department. As you recall, it is recommended that the Council
officially ratify the hiring of all new employees including part-time and seasonal workers.
B. AL TF:RNATIVE ACTIONS:
1. Ratify the hiring oi'the part-time employees as identified on the attached list.
C. SUPPORTING DATA:
Lists of new employees.
NEW EMPLOYEES
. Name Title Department Hire Date Class
Hedlund, Jason CW AU MCC 1/2/2003 part~time
Lanners, Kaitlin Slide aU MCC 12/26/2002 part-time
Larson, Anthony Winter park assist Parks 12/23/2002 temporary
Peterson, Kristine Winter park assist Parks 12/23/2002 temporary
Sonsteby, Sarah Ann Winter park assist Parks 12/26/2002 temporary
Touhey, Douglas Winter park assist Parks 12/28/2002 temporary
. TERMINATING EMPLOYEES
Name Reason Department Last Day Class
Belsaas, Roger vOluntary City Council 12/31/2002
Skillingstad, Ramon voluntary Liquor 12/31/2002 part-time
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employee councillist.xls: 1/17/2003
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Council Agenda ~ 1/27/03
5B.
Consideration of renewal of pawn shop license for Walt's Pawn Shop. (R W)
A. l~EFERENCE AND BACKGROUND:
The licensc J<Jr Walt's Pawn Shop expires in January. The license holder has paid the license
fee for 2003 for the pawn shop at 149 West Broadway and the license bond is to be
forwarded to the City shortly. The pawn shop license fee is currently $25/per year.
B. ALTERNATIVE ACTIONS
I. Approve the pawn shop license J<Jr Randel Thompson at 149 West Broadway
contingent upon receipt of the license bond in the amount of $5,000.
2. Do not renew the license application.
C. STAFF RECOMMENDATION:
D.
The license applieationis Jor an existing pawn shop and it is reconullcnded that the City Council
approve the license contingent upon receipt of the license bond.
SUPPORTING DATA:
None.
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City Council Agenda - 1/27/03
Add on City Council Agenda Item:
3A. Consideration of annual EDA appointment. (O.K.)
A. Reference and hackground:
^t the EO^ meeting of December 16,2002, Commissioner Ken Maus elected to resign
from the ED^ at the end of his term (December 2002) due to the lack of availability to
attend meetings. The Commissioners suggested the two out-going Council members
(Belsaas and Herbst) be asked to replace Maus to keep them involved In local
government. ^t that time, I Ierbst felt he needed to step aside. I received a call from
Herbst today and he expressed interest to serve on the EDA providing the seat had not
been filled. Belsaas declined. If Belsaas and Herbst both declined, then the EO^
suggested to contact those individuals who ran for Council.
Since this was the nrst suggestion of the EDA, the Council is asked to consider the
appointment of Clint Herbst fix a 6-year term on the ED^ with an expiration date of
December 2008. The appointment of Herbst provides experience and knowledge of ED^
policies and projects and is convenient with the scheduled ED^ meeting of January 29,
2003.
B. Alternative Action:
1. ^ motion to appoint Clint Herbst as a commissioner of the EconOlnic
Development Authority of the City of Monticello with an expiration date of
December 2008.
2. A motion to direct the ^dministrator or Executive Director to proceed to solicit
other candidates for appointment to the EDA.
3. ^ motion to table any action.
C. Recommendation:
The City Administrator and Executive Director recommend Alternative No.1 as this is
consistent with the direction of the EDA.
n. Supporting: Data:
None.
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Council Agenda - 1/27/03
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7.
Public Hearing-Consideration of a resolution adoptinl! proposed assessment roll for
delinuuent utility bills and certification of assessment roll to County Auditor. (R W)
A. REFERENCE AND BACKGROlJND:
The City Council is again asked to adopt an assessment 1'011 for utility billing accounts
which are delinquent more than 60 days and to certify the assessment roll to the County
Auditor for collection on next year's real estate taxes.
The delinquent utility accounts that arc included with the agenda are accounts that are at
least 60 days past due and include all new delinquents li'om the last time we certified
them. In addition to the delinquent amount, the Council also previously approved the
establishment of an administrative fee of $50 per account that is added to each delinquent
assessment. The amounts shown on the enclosed delinquent utilities list include the
additional $50 administration fee for the preparation of the assessment roll.
It is recoll1mended that the delinquent accounts be put on an assessment roll for
certification at an interest rate of 6(% as allowed by state statute. As in the past, if any
accounts arc paid within 30 days after the adoption of thc assessment roll, they can bc paid
without the additional interest. After 3() days, payments will bc charged interest.
B.
-. J.
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C.
ALTERNATIVE ACTIONS:
Adopt the aSSCSSll1ent roll fl.)r the delinquent charges as presented.
Based on public hearing input, adjust the assessment roll as required.
STAFFRECOM M ENDA TION:
It is staff recommendation that the Counci I adopt the assessment roll as presentcd. All of
the accounts are at least 60 days past due ancl have been given proper notice or this
assessment hearing and ample opportunity to pay the accounts in full. All utility accounts
were notified that there would be an additional $50 administrative fee attachcd to each
outstanding balance ifthc account was not paid by 4:30 p.m. on January 8, 2003.
D. SUPPORTING DATA:
Copy of resolution adopting assessment roll
· Complete I isting of delinquent accounts to be certified.
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CITY OF MONTICELLO
RESOLUTION NO. 2003~7
RESOLUTION ADOPTING ASSESSMENT ROLL
FOR DELINQUENT UTILITY ACCOUNTS
WIIERIi-.....15;, pursuant to proper notice duly given as required by law, the Council has Inet and heard
and passed upon all objections to the proposed assessment for delinquent utility aeeotmt
charges,
NOT}r, TflER HFOR I,", BE IT RESOL VEL> flY THH CITY COUNCIL OF AI0N7'J('ELLO,
kilN N ES'(n>l:
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof: is
hereby accepted and shall constitute the special assessments against the parcels named
herein, and each tract ofland therein included is hereby found to be beneiitted by the
assessment levied against it.
'I
Such assessment shall be payable in one (I) annual installment payable on or beJ()IT the
first Monday in January 2004 and shall bear interest at the rate of 6 percent per annunl
Ji'om the date of the adoption of this assessment resolution. To the first installment
shall be added interest on the entire assessment hOln the date of this resolution until
December 31, 2004.
3. The owner of the property so assessed may, at any time pt'ior to certification of the
assessment to the county auditor, pay the whole of the assessment on such property
with interest accrued to the date of payment to the City Treasurer, except that no
interest shall be charged if the entire assessment is paid within 30 days from the adoption
of this resolution.
4. The City Administrator shall forthwith transmit a eertiiied duplicate of this assesslnent
roll to the county auditor to be extended on the proper tax list of the county, and such
assesslncnt shall be collected and paid over in the same manner as other municipal taxes.
Adopted by the City Council this 27th day of January, 2003.
ATTEST:
Bruce Thielen, Mayor
-"'---.'---."-... -----."..-.-,...
Rick Wolfsteller, City Administrator
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City Council Agenda - 01/27/03
8.
Public Hearing: Consideration of an Appeal ofthe Planning Commissions decision to
approve a variance to the buffer yard setback requirements alom! a portion of the
easterly boundarv of the TDS Telecom faeilitv located at 316 Pine Street. Subject
of the appeal is a 7' variance to the 15' buffer vard requirement. (.10)
REFERENCE AND BACKGROUND
The Planning Commission reviewed the variance request and approved it based on the
findings identified under alternative 1 below. In response to this decision, the adjacent
residential property owner (Richard Quick) is appealing the decision. City Council,
acting as the Board of Appeals, is asked to review the findings by the Planning
Commission, the suhsequent letter of appeal submitted hy Mr. Quick, along with the
letter li"om Tom Ollig ofTDS and uphold or overturn the Planning COl1llnission's
decision.
Following is intlmnation provided to the Planning Commission along with new
information provided by Quick and Ollig. 'IDS Telecom is seeking an expansion of its
current J~lcility and parking lot along Trunk Highway 25 between 41h Street and 3rd Street.
The property is currently developed with a huilding and a parking lot with street access to
yd Strcet. The proposal would add a building cxpansion along 4th Street and expand the
parking lot to the north of the existing building. The new parking lot would replace an
existing lawn and sidewalk area. Because the property neighboring the parking lot is
residential. a buJTeryard requirement would typically he imposed by the zoning
ordinance.
The buffer standards applying to these uses would be a width of 40 feet hom building to
building, with a minimum planting area of JO feet in width. This buJTeryard would
typically be shared "50-50" by adjoining properties. On the north side of the property,
the applicant proposes no new buildings, but the parking lot is set back Jive feet from the
property line (the minimum setback f()r parking lots). The applicant has proposed an
extensive landscaping screen along the boundary line that exceeds the City's planting
requirelllents for bufferyards, although the width oCthe area is narrower than standard.
The applicant seeks a variance from that width.
On the south side of the property (Quick Boundary) the applicant proposes development
of an addition that would extend to within 23' - 4" of the boundary, which complies with
the required building setback according to butTer yard standards. The curb edge for the
drive area is proposed to extend to within 8'-1" of the property line which requires a 6'-
I I" variance to the 15' buffer yard planting area.
for variances, the applicant is required to demonstrate that a unique physical condition of
the property exists that creates a hardship in complying with the strict standards of the
ordinance. In this case, the standard would make it impossible to develop the parking lot,
City Coul1ci I Agenda - 01/27/03
.
and in Llct, would suggest the rell10val of some existing parking in this area. The lot in
question is narrow and the applicant has taken significant Ineasures to mitigate the
impacts of the expansion. Moreover, in the CCD District, the City's intcnt is to
encourage maximization of the land use. ^s a result, the tests f(w variance appear to be
met by this application, considering the size of the lot, the existing conditions on the lot,
and the purpose of the eeD zoning district.
Following is a summary of the Mr. Quick's items of concern, along with Mr. Ollig's
responses. The letters arc also attached for your review.
1. Mr. Quick suggests that TDS should consider putting an additional story on the
building to avoid the variance.
Mr. Ollig indicates that the building is not structurally built to be able to add a
second floor.
2.
Mr. Quick is concerned about the tin1ely completion of the required buffer yard
plantings.
.
Mr. Ollig has indicated a willingness to work with the two adjacent property
owners regarding design and completion of bulTer yard fencing and landscaping.
The City typically requires submittal of a landscape bond at the time that a
building permit is issued. 'fhis requirernent helps to guarantee completion of
required landscaping.
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Mr. Quick is concerned about noise created by an existing generator which
operates during emergencies and during testing. lie requests buffering or
relocation of the generator. Similarly, he is concerned about the additional noise
that will be generated from air conditioning and heating units which are being
planned for the rooftop of the new addition. Both units will be close to thc
Quick's bedroom.
Mr. Ollig noted that TDS is looking at installation of a "Hospital Level Mu111er"
which will reduce the cxhaust noise level and they will be directing the exhaust
pipe away from the Quick residence. He notcd that the new air handling units
will be quieter than the existing units and he suggested noise barricades be
installed around the units as well.
4. Mr. Quick noted that the trash storage areas do not comply with City code
because they are not completely enclosed.
Mr. Ollig has indicated that he will develop the necessary trash enclosures.
.
2
City Coune i I Agenda - 0 I /27/03
ALl~RNA TIV8 ACTIONS
.
1.
Motion to uphold variance to the buffer width standards granted by the Planning
Con1l11ission, based on a finding that a hardship exists in complying with the
typical standard, including width of the parcel, existing development, and purpose
of the zoning district. Motion contingent on the f()llowing:
A Development of a buffer yard planting plan rnutually agreed upon by TDS
and adjoining neighbors. In the event mutual agreement docs not occur,
the Planning Commission shall rule on the adequacy of the landscaping
plan. The City shall require submittal of a landscaping bond based on the
approved plan prior to issuance of the building permit f()r the addition.
H. The existing generator shall be modified though installation of a Hospital
Level Muffler and the exhaust shall be directed to the west away from the
residential area.
Measures must be taken to rnitigate sound Ii'OIn air handling units and
shall be sufficient to suppress equipment sound to a level not to exceed
ambient noise in the area. Such measures to i ncl ude installation of sound
barriers.
.
C. Trash enclosures shall be installed per City code.
2.
Motion to recommend denial of the variance, based on a linding that the applicant
could comply with the standard by eliminating proposed parking 1'ron1 the plan.
STAFF RFCOMMENDATION
Staff reconunends that Council uphold the variance approval, based on the findings
stated. It would appear to be counter to the intent of the CCD zoning district to require
the wider landscaped yard in this case, particularly since the applicant has provided an
extensive landscape planting in the available area. Additionally, it would appear that the
concerns expressed by Mr. Quick can be resolved through cOInpletion of conditions A-C
which further supports StafIrecommendation to uphold Planning COlnmission's variance
approval.
SUPPORTING DATA
.
Site Plan
I.andscape Plan
Building Plans
Letter of Appeal hom Richard Quick
Letter from Tom Olhg
Planning Commission Minutes
3
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DatB:
_ ~7 ~L
Monlicelo CIy Council (7 -1-J ~
Richard and Mary Jo Quick 'V ~ t..~~
Tom Ollig TOS
January 15. 2003
Appeal of Planning Commission Decision of 1-7-2003- TDS variance request
R.
We live at 113 E 4th street which abuts the TDS property to the east.
We are appealing the decision of the planning commission of 1f7l2oo3
which granted a variance to the buffer yard width standard with
conditions.
.
This decision is appealed for the following reasons:
1. The CCD Pine District encourages two story buildings. If TOS were to put a second story on
their existing building a variance would not be necessary.
2. There is no timeline for the condition of a signed agreement between TDS and us regarding
the buffer yard plantings (and/or fencing which was discussed but fails to appear in the
motion). We have also learned since the planning commission meeting that Mrs. Harstad 106
E. 3rd Street has expected a fence to be constructed between her property and the TDS
parking lot off 3rd Street ever since that parking lot was constructed. That agreement also
needs to be in writing. We appeal that these signed agreements be in place before building
permits are issued.
3. It was our understanding that Mr. Ollig stated he would work with all of the affected neighbors
concerning the buffering or relocation of the generator. We believe this condition should
specify that the nei~bors (there are six residential homes on this block 33. and three more on
the south side of 4 Street) as well as the city are informed and are in agreement with the
generator plan before building permits are issued. We are also concerned about the additional
noise that will be generated from air conditioning and heating units which are being planned
for the rooftop of the new addition. If the variance Is allowed these units will be very dose to
our bedroom.
4. The Monticello Downtown and Riveffront Revitalization Plan states '1"rash storage areas shall
be completely enclosed and incorporated as a part of the building." Since TDS is adding on
do they need to comply with this guideline?
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316 Pine Street
Monticello, MN 55362-0298
Telephone. 763-295-2974
FAX: 763-295-5974
In TELECOM
To: Monticello City Council
From: Tom OlIig, TDS TELECOM
CC: Mr. & Mrs. Richard Quick
Date: January 15, 2003
Re: Mr. Quicks letter of appeal to the TDS Variance Request
Below are responses to the attached memo of appeal submitted to the Council by Mr. &
Mrs. Quick dated January 15,2003.
1. The addition that TDS is planning onto the east side of it's existing office building
is a single story structure. The addition is not structurally built to be able to add a
second story. The existing building also is not structurally built to support a
second floor.
2.
I am sending today a letter (see attached) to the Quick's and Mrs. Harstad to
arrange a meeting to discuss the buffer between our property and theirs. We will
look at many options such as plants, shrubs, trees and fencing. It is the intention
ofTDS to reach a fair agreement with our neighbors as soon as possible and place
that agreement in writing. The issue with the existing parking lot and Mrs.
Harstad's property and the construction of a fence was discussed with the former
owner of the telephone company who did not inform us of those discussions.
3. Regarding the generator noise we are looking at the installation ofa "Hospital
Level Muffler" this muffler will reduce the exhaust noise level 35 - 40 dB. We
have a quote on the muffler and are working on a quote for installation. With the
installation we will be directing the exhaust pipe to the west away from the
Quicks residence.
Regarding the rooftop air handling units the two large units that will be installed
over the existing building are a quite line design and will replace the existing
units. We are told that they will be considerably quieter than the present units on
the roof. The units that will be installed on the addition area and over the old
garage are a reduced noise design but we still may want to install noise barricades
around these as well.
4. Regarding the "trash storage" plan I am not aware of this but will visit with the
proper City employee to make sure we are in compliance before our construction
is completed.
oE
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bRJ\f\
MINUTES
REGULAR MEETING - MONTICELLO PLANNING COMMISSION
Tuesday - January 7,2003
7:00 P.M.
Members:
Council Liaison:
Staff:
Dick Frie, Robbie Smith, Richard Carlson, Rod Dragsten and Lloyd Hilgart
To be appointed at the January 13,2003 City Council Meeting
J elT O'N eill, Steve Grittman and Fred Patch
1. Call to order.
Chair Frie called the meeting to order at 7:00 p.m. and declared a quorum.
2. Approval of the minutes of the reeular Planning Commission mcetine held December 3.
2002.
A MOTION WAS MADE BY ROD DRAGSTEN TO APPROVE 'IlIE MINlJrES OF THE
REOUL,AR PLANNING COMMISSION MEETING HELD DECEMBER 3, 2002.
ROBBIE SMITH SECONDED TIlE MOTION. MOTION CARRIED UNANIMOUSI ,Yo
3. Considcration of adding items to the aeenda.
Chair Frie advised ora letter received Crom Scott Douglas, Fire ChieC inviting them
to attend a meeting to discuss issues with new developments in the City.
Rod Dragsten asked for clarification regarding conunercial building facades in ceD.
'fhis was placed as agenda item 13.
Chair Frie asked to discuss the Autumn Ridge development concerning standards
previously approved by the Planning Commission. This was placed as agenda item
14.
. Chair [<rie asked to discuss concerns regarding the number of public hearings placed
on the agenda, as well as the possihility of rescheduling the February meeting due to
conflicts. 'rhis was placed as agenda item 15.
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4. Citizens comments.
None
5.
Public Hearing: Considcration of a request for a variancc to thc buffcr yard width in
the CCI) - Ccntral Community District. Auplicant: TDS Tclecom.
Steve CJrittlnan provided the report advising of the request by TDS 'rclecom for a variance
to the buffer yard widths in order to expand their building and parking lot. IIe advised in
regard to landscaping, the plant counts proposed exceed the requirements of the ordinance.
Due to the narrow lot, the ordinance standards would make it impossible to develop the
parking 101. possibly having the applicant rell10ve existing parking. Therefore. the findings
for hardships are met, considering the size of the lot, the existing conditions on the lot, and
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the purpose of the CCD zoning district.
.
Chair Frie opened the public hearing. Tom ()Ilig, Manager ofTDS, Monticello, advised that
he had met with the residents next to this property on E. 4lh Street, Mr. & Mrs. Quick,
regarding proposed shruhbery to be planted and the possihility of installing a fence as well.
Ollig advised the Quick's that as they go through the project. with no planting until Spring,
they would at that time install plantings agreed upon with the residents. lie added that they
would be in favor of putting something into writing if the Quick's desired. Fric asked about
requesting that the applicant escrow money for landscaping as they would not be planting
until Spring and O'Neill advised that this would happen via a landscape hond. Frie asked
Ollig irthe Quick's were comfortable with what was being proposed and he stated that they
had been in contact with them, but it is difficult to anticipate what the plantings will look
like once installed.
.
Richard Quick, 113 E. 4lh Street, added that they met with Mr. Ollig on one occasion, at their
initiative, and that it wasn't until they received the public hearing notice that they hecame
aware of this request. I-Ie stated that the notice was vague and that he came to stalf on
several occasions and did not feel he got a clear explanation. He was concerned with the
request, although he did understand that this request may be granted. Quick also agreed
with Ollig in getting something in writing. He also added that the consensus of the other
neighbors was a concern regarding the noise rronl the generator at that site, adding that they
did discuss this with Ollig as well. They had hoped that TDS would move the generator
away from the residences. They will also at some time sit with the Mayor during an open
Corum to discuss the zoning in that neighhorhood. lie does feel that things will work out,
but would like to be more inf(Jrllled.
Frie asked if they had approached the City or TDS previously regarding the noise concern
and Quick stated they had, and that they had been sensitive to their issue. Quick felt that
this Inay become more or a concern as the building expands, and Ollig added that at some
point they Illay need to install a larger generator but not at this time. Frie added that this
should be brought to staff s attention prior to the public hearing so that the concern could be
addressed in the staff report.
Kim Nelson, 112 E. 3rd Street, agreed with Quick on the noise concern. lie asked about the
building addition and Ollig advised it would be one story and only as high as the highest
part of the existing building. Nelson added that he is opposed to giving up any buller area
and felt that if this happened, the applicant may eventually come back to them for additional
property.
.
Chair Frie then closed the public hearing. It was noted that the new building would he
similar in quality and style with the East side more decorative with brick and windows, the
South side will mirror the architecture of the original building. Ollig added that due to the
continued growth in this area, where the central office is located within the building, it
cannot be expanded and therefore the need to relocate employees out of that area of the
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building as it is illlpossiblc liJr them to go anywhere else. Ollig added that this will not
create any more noise, no plans to change the generator at this time, but he did advise the
Quick's that he would look into relocating the generator or llleasures to muffle the noise. I-Ie
also stated that they could null and void their agreement with NSP where currently during
peak hours they would shut down and use the generator. He did advise that testing of the
generator is during the day and typically for several hours, however when thcy are asked to
disconnect due to high peak tillles the generator could run f()r an entire day.
Ollig advised that iCthey outgrow this building they would relocate employees as there is
not ample parking for additional employees, nor has there been any discussion to expand at
that site. The Quick's advised that vehicles arc not a problem.
Grittman explained the request for the variance was for a reduction from 20' on either side to
R' to the East on 41h Street and a reduction fronl 20' to 4' at the adjacent residential property
to the East on ]rd Street. O'Neill advised that he had met with Mr. Quick and gave him a
copy of the site plan, and clarified that the purpose of the public hearing notice is to notify
neighboring property owners that there has been an application made. The property owner
can then contact City Hall for specific details. O'Neill added that tbe DA T had met and
made a recommendation to approve as well.
.
A MOTION WAS MADE HY ROD DRAGSTEN '1"0 RECOMMEND APPROVAL OF A
VARIANCE TOri IE BUFFER YARD WIDTH FROM 20 FT. TO g FT. T'O THE EAST
ON 4111 STREET, AND FROM 20 FT. TO 4 FT. AT THE ADJACENT RESIDENTIAL
PR()Pl':RTY TO TIlE EAST ON 31w STR.EET, BASED ON A FINDING TtlAT A
I IARDSHIP EXISTS IN COMPLYING WITI I TYPICAl, STANDARDS, INCLlJDING
WIDTI I OF TilE PARCEL, EXISTING DEVELOPMENT, AND PURPOSr~ OF THE
ZONING DISTRICT. MOTION TO INCLUDE CONDITION THAT AN AGREEMENT'
BI.: SIGNED BETWEEN 'IDS 'rELECOM AND MR & MRS. QUICK, STATING 'fHE
8LJFl.'ER YARD PLANTINGS WILL HE MIFIlJALLY AGREED UPON AND MEET
CITY CODE, AND '1'1 IE EXISTING GENERATOR HE EITHER RELOCATED OR
BUFFI~RED. LLOYD HILGART SECONDI.:D THE MOTION.
There \vas further discussion regarding the generator and it was advised by Tom Ollig that
the only tinle it would run at night would be if there was no electricity or if they were
contacted by NSP. Ollig again stated that the only other times it is run is during working
hours, other than clllergencies. Quick added that they understand that this generator is
necessary.
TI IFRE BI~ING NO FURTHER DISCUSSION, MOTION CARRIED UNANIMOUSLY.
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Council Agenda - 1/27/03
9.
Consideration of approvine proposed purchase and lease agreements of the exchanee
of library faeility and Marquette Bank llnHlertv. (R W)
A. RF:FF:RENCE AND BACKGROUND:
As r noted at the last council meeting, our City Attorney had prepared purchased agreements
and lease agreements to cover the proposed exchange of the former Marquette Bank Building
f()J' the I ihrary property along with the purchase by the City of the separate vacant lot that was
located west of the Marquette Bank {~lcility. These agreements had been prepared and
suhmitted to Wells Fargo representatives for their review and acceptance.
The purchase agreements regarding the exchange had used a price of $250,000 as the value of
each propeliy being exchanged. A separate purchase agreement was prepared for the City to
acquire the Marquette Bank facility and likewise, a purchase agreernent was created for Wells
Fargo to acquire the library property. Generally speaking, the terms and conditions of each
were identical. In addition to the two purchase agreements, a third agreement was prepared
outlining the details of the City's acquisition of the vacant lot. Although an exact sales price has
not been determined yet, it will be establ ished hased on an appraisal that is being completed,
the parcel size is 18,645 sq. ft. and is estimated to he valued at somewhere around $75,000 to
$100,000.
An additional agreement had been prepared by the City Attorney to cover the City retaining
use of the lihrary Llcility after the properties are officially exchanged to allow us sufficient time
to relocate the library furniture and equipment and to demolish the library per our agreement.
The linct! document that has not yet been submitted to Wells Fargo is a separate lease for the
City to gain access to the Marquette Bank building prior to the actual closing taking place. This
will allow us the opportunity to do some minor remodeling in the hank huilding making it usable
f()J' the lihrary, and possihly even moving into the facility before the actual closing could be
accomplished.
The original letter of intent agreed to by Wells Fargo and the City indicated that we would be
exchanging the library and bank buildings on an even up basis with the City agreeing to
purchase the vacant lot at an appraised value and to be responsihle f(x demolition of the library
facility. The purchase agreements were prepared with this understanding in mind and hoth the
library sale agreement and the hank purchase agreement had standard language that indicated
that taxes would be pro-rated to the date of closing and that the City would pay all outstanding
special assessments that were levied against the library and bank would take care of any
outstanding assessments levied against the bank facility.
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Council Agenda - ] /27/03
]n conversations with our City Attorney on Wednesday indications were that Wells Fargo had
accepted the terms and conditions of the purchase agrcements and signed copies were to be
expected soon. On Thursday morning, our City Attorney adviscd me that Wclls Fargo now
wanted to make a change to the purchase agreement and require that the City assume all
special assessments that had been placed on the Marquette Bank building totaling
approximately $30,000. From our records, approxilnately $9,000 relates to Walnut Street
ilnprovements that were levied a couple of years ago, the sidewalk, angle parking and other
improvcments along with $20,000 plus that was assessed last fall for street lighting, sidewalk
and brick pavcrs as part of the Walnut Street project.
This requested change was not something that was ever discussed as part of the letter of
understanding and it was assumed that exchange of properties would include each party paying
its own assessnlent debt. Likewise, the City never actually assessed its own library property
for any of the Walnut Street improvements as it was a city facility that would be paid by thc
taxpaycrs anyway so assessing was just more work for city staff and county auditor. Had we
known that the terms might havc been changed to have each party asslllne the outstanding
assessment debt, we could have assessed our library f()r the Walnut Street improvements also.
As of Thursday, this is the only item that I am aware of that was still in dispute. Council is
asked to provide direction on how the City Attorney should proceed with execution of these
purchase agreements and whether the City Council is acceptable to this change of
understandiIH.!. bv assuming the estimated $30.000 assessment. Since this is a change to the
....... ,.,......., .......
original letter of understanding, Council approval would be needed flH' acceptance of the
purchase agreements.
B.
ALTERNATIVE ACTIONS:
I.
Council could authorize execution of the purchase agreements as proposed by Wells
Fargo with the City assuming the additio~ cost of the outstanding assesslnents in an
atllOunt estimated at $30,000. G.. P" t V ~."--<.....--
?
The Council could agree to execute the purchase agreements as originally prepared by
the City Attorney that would require Wells Fargo and the City to provide each property
ti'ee of any special assessnlentliens in the exchange.
3.
The Council could request that negotiations continue on final ternlS and conditions ofthe
exchanges.
2
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Council Agenda - 1/27/03
c.
STAFF RECOMMENDATION:
It is the opinion of city staif that the purchase agreement and lease documents prepared by the
City Attorney adequately rellected the conditions outl ined in the letter of understanding the
parties had agreed to previously. Since the assumption of any outstanding special assessment
had never been discussed during any of the negotiations, it did come as a surprise to city staff
that this would be expected of the City as part of the exchange. At the time this item is being
prepared for the council agenda, the staff has not had a chance to review fllrther options with
the City Attorney nor has had any discussions with the appropriate Wells Fargo representatives
to see if there is some negotiation possible. The administrator agrees that the original purchase
agreement accurately reflected the original spirit of the exchange, but the Council will need to
determine the final conditions of the swap.
D. SUPPORTING DOCUMENTS:
.
Lease agreement
Letter of intent of December 9, 2002
Note: Because the purchase agreements are quite lengthy, copies of separate agreements have
not been included but are available at City Hall for review.
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L .e.,a >' f!.,
8A-G~ "F P"'.f~"+
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L,j,e"I't U#/II
EXHIBIT B
LEASE
THIS LEASE (this "Lease") is made on this _ day of January, 2003 by WELLS
FARGO BANK MINNESOTA, N.A. ("Landlord") and CITY OF MONTICELLO, a MiImesota
municipal corporation ("Tenant").
1. Agreement. Landlord leases the Premises (as that term is defined in paragraph 2) to
Tenant, and Tenant leases the Premises from Landlord, according to this Lease.
2. Premises. The Premises are the land and the Building located on the land, situated
in the City of Monticello, County of Wright, State of Minnesota, and legally described as follows:
Lot 10, Block 17, Original Plat, except for the South 32 feet thereof;
Lot 9, Block 17, Original Plat, except for the South 10 feet thereof;
Lots 1 and 2 and the West half of Lot 3, Block 17, Original Plat, except that part
to railroad company, and the South 10 feet of Lot 9, and the South 10 feet of the
West half of Lot 8, and the South 32 feet of Lot 10. Also, those portions of Lots 1
and 2 and the West Half of Lot 3, Block 17, Townsite of Monticello aka City of
Monticello, Wright County, Minnesota and that portion of vacated Walnut Street
lying contiguous to and Westerly of the South 66.0 feet of said Lot 1 and lying
Southwest of the following described line: Beginning at a point in the West line of
said Lot 1 distant 66.0 feet Northerly of the Southwest comer thereof; thence
Easterly parallel with the South line of said Block 17 to the intersection with a
line drawn concentric and parallel with and distant 20.0 feet Northerly, as
measured radially and at right angles from the centerline of the spur track, as
originally located and constructed upon, over and across said Lots; thence
Southeasterly along the last described concentric and parallel line to the East line
of the West Half of said Lot 3 and there terminating.
(hereinafter the "Premises"). The Premises includes the heating system, ventilating and air
conditioning system, mechanical system, electrical system, and plumbing system serving the
Premises.
3. Term. The term of this Lease shall be ninety (90) days, beginning on
, 2003 (the "Commencement Date"), and expiring on
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2003 (the "hritial Term"). Tenant may renew this Lease and extend the hritial Term for an
additional ninety (90) days (the "Extended Lease Term") by providing written notice to Landlord,
not less than thirty (30) days in advance of the expiration date of the hritial Term.
4. Rent.
(a) Base Rent. For the hritial Term, Tenant covenants and agrees to pay to
Landlord rent in the amount of$1.00 (the "Base Rent") for the Premises. Base Rent is due by the
first day of the hritial Term. Base Rent during the Extended Lease Term shall be paid at the time set
forth herein and in the amount of$1.00.
(b) Additional Rent. "Additional Rent" shall be defined as all other sums of
money which shall become due from and payable by Tenant to Landlord for sums paid by Landlord
or advanced by Landlord on behalf of Tenant pursuant to the terms of this Lease, including but not
limited to, Taxes (as hereinafter defined). All amounts so paid or advanced by Landlord and all
costs and expenses incurred by Landlord in connection with the performance of any obligations
from the date of Landlord's payment of such amount or incurring of each such cost or expense until
the date of full repayment by Tenant shall be payable on demand and constitute Additional Rent.
If Tenant fails to pay when due amounts payable under this Lease or to perform any of its
obligations under this Lease within the time permitted for its performance, and without waiving any
of its rights under this Lease, Landlord may (but will not be required to) pay such amount or
perform such obligation.
(c) Obligation for Payment. The obligations of the Tenant to make the
payments of Base Rent and Additional Rent and to perform and observe the other agreements on its
part contained herein shall be absolute and unconditional and until such time as this Lease expires in
accordance with its terms, Tenant (i) agrees to make all payments of Base Rent and Additional Rent
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provided for in this Lease without claim of set off, deduction or abatement, (ii) will perform and
observe all of its other agreements contained in this Lease, and (iii) except as provided in this Lease,
will not terminate this Lease for any cause. Nothing contained herein shall be construed to release
the Landlord from the performance of any of the agreements or obligations on its part contained in
this Lease; and in the event the Landlord should fail to perform any such agreement on its part, the
Tenant may institute such action against the Landlord as the Tenant may deem necessary, so long as
no judgment or court order sought or obtained in such action shall interfere with the prompt and full
payment of the Base Rent and Additional Rent as contemplated.
5. Taxes.
(a) Obligation for Payment. Tenant shall pay as they become due all taxes
(collectively the "Taxes"), including, without limitation, real estate and special assessments
assessed, levied, certified, confirmed, or imposed during the term of this Lease, whether or not now
customary or within the contemplation of Landlord and Tenant.
(b) Taxes Pavable in Instalhnents. If, by law, any Taxes or special assessment
may at the option of the Tenant be paid in installments (whether or not interest accrues on the
unpaid balance of such Taxes) Tenant may exercise the option to pay the Taxes (and any accrued
interest on the unpaid balance of such Taxes) in instalhnents and in such event Tenant will pay such
instalhnents as they become due during the term of this Lease and before any fine, penalty, further
interest or cost may be added to them.
(c) Pavrnent of Tax bv Landlord. If Tenant fails to pay the Taxes and Tenant is
not contesting said Taxes in accordance with paragraph (d) below, Landlord shall be entitled to, but
not obligated to, pay such Taxes. If Landlord pays such Taxes, then Tenant shall pay Landlord as
Additional Rent the amount that Landlord paid.
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(d) Contesting Taxes. The Tenant may, at its expense and in its own name and
on its own behalf, in good faith contest any such Taxes, assessments and other charges, and the
event of any such contest may pennit that portion of the Taxes, assessments or other charges so
contested to remain unpaid during the period of such contest and any appeal therefrom as is
permitted by the laws of the State of Minnesota.
6. Utilities. Tenant will pay the appropriate suppliers for all water, gas, electricity,
light, heat, telephone, power, and other utilities and communications services used by Tenant on the
Premises during the term of this Lease, whether or not such services are billed directly to Tenant.
Tenant will also procure, or cause to be procured, without cost to Landlord, any and all necessary
permits, licenses, or other authorizations required for the lawful and proper installation and
maintenance upon the Premises of wires, pipes, conduits, tubes, and other equipment and appliances
for use in supplying any such service to and upon the Premises.
7. Insurance.
(a) General Liabilitv. Tenant shall, at its sole expense, obtain and keep in force
during the term of this Lease general liability insurance with a combined single limit of not less than
One Million Dollars ($1,000,000.00) for injury to or death of anyone person, for injury to or death
of any number of persons in one occurrence, and for damage to property, insuring against any and
all liability of Landlord and Tenant with respect to the Premises or arising out of the maintenance,
use, or occupancy of the Premises.
(b) Other Matters. All insurance required in this paragraph and all renewals
thereof shall name Landlord (i) as loss payee, (ii) as Landlord, or (iii) as an additional insured and
shall be issued by companies authorized to transact business in the State of Minnesota. All
insurance policies will be subject to approval by Landlord and any lender as to form and substance,
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will expressly provide that such policies will not be canceled, modified or altered without thirty (30)
days prior written notice to Landlord, and will provide an endorsement that no act or omission of
Tenant which would othenvise result in forfeiture or reduction of the insurance will affect or limit
the obligation of the insurance company to pay to Landlord the amount of any loss sustained. Upon
issuance each insurance policy or a duplicate or certificate of such policy will be delivered to
Landlord and any lender whom Landlord designates. Original or copies of original policies
(together with copies of the endorsements naming Landlord, and any others specified by Landlord,
as additional insureds) and evidence of the payment of all premiums of such policies will be
delivered to Landlord as soon as possible after Tenant's occupancy of the Premises begins and from
time to time at least thirty (30) days prior to the expiration of the term of each such policy. All
public liability and casualty policies maintained by Tenant will be written as primary policies, non-
contributing with and not in excess of coverage that Landlord may carry.
(c) Waiver of Subrogation. Landlord and Tenant waive all rights to recover
against each other or against any occupant of the Premises, or against the public officials, officers,
directors, shareholders, partners, joint venturers, employees, agents, customers, invitees, or business
visitors of each of theirs or of any occupant of the Premises, for any loss or damage arising from any
cause covered by any insurance required to be carried by each of them pursuant to this paragraph or
any other insurance actually carried by each of them.
8. Use. Tenant shall use the Premises only for legal purposes. Tenant shall not store
any flammable, explosive, toxic, hazardous (sanitation chemicals excepted), or dangerous materials
on the Premises.
9. Compliance with Laws. Tenant's Obligations. Tenant will not use or occupy, or
permit any portion of the Premises to be used or occupied:
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(a) in violation of any law, ordinance, order, rule, regulation, certificate of
occupancy, or other govennnental requirement;
(b) for any disreputable business or purpose; or
(c) in any manner or for any business or purpose that creates risks of fire or
other hazards, or that would in any way violate, suspend, void, or increase the rate of fire or liability
or any other insurance of any kind at any time carried by Landlord upon all or any part of the
Premises or its contents. Tenant will comply with all laws, ordinances, orders, rules, regulations,
and other govennnental requirements relating to the use, condition, or occupancy of the Premises,
and all rules, orders, regulations, and requirements of the board of fire underwriters or insurance
service office, or any other similar body, having jurisdiction over the Premises.
10. Assilffi111ent and Sublease. Intentionally left blank.
11. Signs. Tenant may install signs on the Premises in accordance with all federal, state
and local statutes, laws, ordinances and codes.
12. Tenant's Demolition of Premises. During the Lease Term, Tenant shall demolish
the Premises. Tenant may remove from the Premises any trade fixtures, equipment and movable
furniture placed in the Premises by Tenant, whether or not such trade fixtures or equipment are
fastened to the Building. The wrecking of any building or structure shall be complete and
include the wrecking and removal of all foundations, footings, and floor slabs. All piping,
heating plants, fuel storage tanks, appliances and other such debris shall be removed from the
premises. The excavation remaining after the removal of the Premises shall be filled to the level
of the surrounding grade with clean granular-type fill material. Said fill shall be compacted at an
optimum moisture content to obtain proper compaction. Tenant shall remove all steps, stoops,
private sidewalks, accessory buildings, and hard surface driveways unless such removal is
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specifically exempted by Landlord. Further, Tenant shall provide a topping of soil of a sufficient
depth and quality so as to enable ground cover to grow.
13. Condemnation. Intentionally deleted.
14. Subordination.
(a) General. This Lease and Tenant's rights under this Lease are subject and
subordinate to any ground lease or underlying lease, first mortgage, first deed of trust or other first
lien encumbrance or indenture, together with any renewals, extensions, modifications,
consolidations, and replacements of them, which now or at any subsequent time affect the Premises,
any interest of Landlord in the Premises, or Landlord's interest in this Lease and the estate created
by this Lease (except to the extent that any such instrument expressly provides that this Lease is
superior to it). This provision will be self-operative and no further instrument of subordination will
be required in order to effect it. Nevertheless, Tenant will execute, acknowledge and deliver to
Landlord or any mortgagee such reasonable document as is necessary to confirm or effect any such
subordination. If Tenant fails or refuses to execute, acknowledge, and deliver any such document
within twenty (20) days after written demand, Landlord, its successors and assigns, will be entitled
to execute, acknowledge, and deliver any such document on behalf of Tenant as Tenant's
attorney-in-fact. Tenant constitutes and irrevocably appoints Landlord, its successors and assigns,
as Tenant's attorney-in-fact to execute, acknowledge, and deliver on behalf of Tenant a document
confirming such subordination (but not other matters).
(b) Attornment. If any holder of any mortgage or other similar instrument
described in paragraph 14(a) above succeeds to Landlord's interest in the Premises, Tenant will pay
to it all rents subsequently payable under this Lease. Tenant will, upon request of anyone so
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succeeding to the interest of Landlord, automatically become the Tenant of, and attorn to, such
successor in interest without change in this Lease.
Upon request by such successor in interest and without cost to Landlord or such successor in
interest, Tenant will execute, acknowledge, and deliver an instnunent or instnunents confinning the
attornment. The instrument of attornment will also provide that such successor in interest will not
disturb Tenant in its use of the Premises in accordance with this Lease ("Non Disturbance
Agreement"). If Tenant fails or refuses to execute, acknowledge, and deliver any such instnunent
within twenty (20) days after written demand, such successor in interest will be entitled, as Tenant's
attorney-in-fact, to execute, acknowledge and deliver on behalf of Tenant any document described
in this paragraph.
15. Indemnification. Waiver and Release.
(a) Indemnification. Tenant will indemnify and hold hannless Landlord from
any and all demands, claims, causes of action, fines, penalties, damages (including consequential
damages), losses, liabilities, judgments, and expenses (including, without limitation, attorneys' fees
and court costs) incurred in connection with or arising from:
(1) the use or occupancy of the Premises by Tenant or any person
claiming under Tenant;
(2) any activity, work, or thing, done or pennitted or suffered by Tenant
in or about the Premises;
(3) any acts, omissions, or negligence of Tenant or any person claiming
under Tenant or the contractors, agents, employees, invitees, or visitors of Tenant or of any such
person;
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(4) any breach, violation, or nonperformance by Tenant or any person
claiming under Tenant or the employees, agents, contractors, invitees, or visitors of Tenant, or of
any such person of any term, covenant, or provision of this Lease or any law, ordinance, or
governmental requirement of any kind; or
(5) any injury or damage to the person, property, or business of Tenant,
its employees, agents, contractors, invitees, visitors or any other person entering upon the Premises
under the express or implied invitation of Ten ant.
If any action or proceeding is brought against Landlord by reason of any such claim, Tenant,
upon notice from Landlord, will defend the claim at Tenant's expense with counsel reasonably
satisfactory to Landlord.
(b) Waiver and Release. Tenant agrees that Landlord will not be liable for any
loss, injury, death or damage (including consequential damages) the cause of which is beyond
Landlord's control. Notwithstanding the foregoing, Landlord does not disclaim liability for, and
Tenant's indemnification shall not be deemed to comprehend, liability for loss, injury or death, or
damage arising from matters within the control of Landlord.
16. Covenant of Quiet Enioyment. So long as Tenant pays the rent and performs all of
its obligations in this Lease, Tenant's possession of the Premises will not be disturbed by Landlord,
or anyone claiming by, through or under Landlord.
17. Limitation on Tenant's Recourse. Tenant's sole recourse against Landlord, and any
successor to the interest of Landlord in the Premises, is to the interest of Landlord, and any such
successor, in the Premises. Tenant will not have any right to satisfY any judgment that it may have
against Landlord, or any such successor, from any other assets of Landlord, or any such successor.
The provisions of this paragraph are not intended to limit Tenant's right to seek injunctive relief or
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specific performance, or Tenant's right to claim the proceeds of insurance (if any) specifically
maintained by Landlord for Tenant's benefit.
18. Events of Default. The following occurrences are "Events of Default":
(a) Tenant fails to pay rent whether Base Rent or Additional Rent within five (5)
days after notice or demand from Landlord;
(b) Tenant vacates or abandons the Premises without finishing the demolition to
Landlord's satisfaction; or
( c) Tenant breaches any of the other agreements, terms, covenants, or conditions
which this Lease requires Tenant to perform, and such breach continues for a period of thirty (30)
days after notice by Landlord to Tenant or if such breach cannot reasonably be cured within thirty
(30) days, then, if Tenant commences to cure within said thirty (30) days and thereafter diligently
prosecutes the cure, Tenant shall have a reasonable time period to effect its cure.
19. Remedies. If anyone or more Events of Default occurs, then Landlord may give
Tenant written notice of its intention either to terminate Tenant's right to possession without
terminating this Lease or to terminate this Lease in either event on the date of such notice or on any
later date specified in such notice, and thereupon, Tenant's right to possession of the Premises will
cease on the date specified in the notice and if Landlord elects, this Lease will be terminated as if
the date fixed in such notice were the end of the term of this Lease. An Event of Default does not
relive the Tenant of its obligations to perform the Demolition of the Premises as set forth in
paragraph 12 herein.
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20.
Miscellaneous.
(a) Holding Over. If Tenant remains in possession of the Premises after the end
of this Lease, Tenant will occupy the Premises as a tenant from month-to-month, subject to all
conditions, provisions, and obligations of this Lease in effect on the last day of the Term.
(b) Estoppel Certificates. Within no more than twenty (20) days after written
request by Landlord or Tenant, Landlord or Tenant whichever is applicable will execute,
acknowledge and deliver to the party requesting the same a certificate stating:
(1) that this Lease is unmodified and in full force and effect, or, if the
Lease is modified, the way in which it is modified accompanied by a copy of the modification
agreement;
(2) the date to which rental and other sums payable under this Lease
.
have been paid;
(3) that no notice has been received by Landlord or Tenant (whichever is
applicable) of any default which has not been cured, or, if such a default has not been cured, what
either Landlord or Tenant intends to do in order to effect the cure, and when it will do so;
(4) that Tenant has accepted and occupied the Premises;
(5) that Tenant has no claim or offset against Landlord (as to Tenant
only); and
(6) such other matters as may be reasonably requested by Landlord or
Tenant.
Any such certificate may be relied upon by any prospective purchaser of the Premises and
any prospective mortgagee or beneficiary under any deed of trust or mortgage encumbering the
. Premises. If Landlord or Tenant submits a completed certificate to the other, and if Landlord or
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Tenant (whichever is applicable) fails to object to its contents within twenty (20) days after its
receipt of the completed certificate, the matters stated in the certificate will conclusively be deemed
to be correct.
(c) No Waiver. No waiver of any condition or agreement in this Lease by either
Landlord or Tenant will imply or constitute a further waiver by such party of the same or any other
condition or agreement. No act or thing done by Landlord or Landlord's agents during the term of
this Lease will be deemed an acceptance of a surrender of the Premises, and no agreement to accept
such surrender will be valid unless in writing signed by Landlord.
No payment by Tenant, or receipt from Landlord, of a lesser amount than the rent or other
charges stipulated in this Lease will be deemed to be anything other than a payment on account of
the earliest stipulated rent. No endorsement or statement on any check, or any letter accompanying
any check or payment as rent will be deemed an accord and satisfaction. Landlord will accept such
check for payment without prejudice to Landlord's right to recover the balance of such rent or to
pursue any other remedy available to Landlord.
(d) Authoritv of Tenant. Each of the persons executing this Lease on behalf of
Tenant warrants to Landlord that Tenant has full right and authority to enter into this Lease, and that
each and every person signing on behalf of Tenant is authorized to do so. Upon Landlord's request,
Tenant will provide evidence satisfactory to Landlord confinning these representations.
(e) Notices. Any notice, request, demand, consent, approval, or other
communication required or pennitted under this Lease will be in writing and will be deemed to have
been given:
(1) when personally delivered;
(2) when served pursuant to the Minnesota Rules of Civil Procedure; or
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(3)
on the second day after it is deposited in any depository regularly
maintained by the United States postal service, postage prepaid,
certified or registered mail, return receipt requested, addressed to:
LANDLORD:
Wells Fargo Properties, Inc.
Attn: Harold P. Richey
Wells Fargo Center
Sixth & Marquette, 19th floor
MAC #N9305-19B
Minneapolis, MN 55479
Email: Harold.P.Richey@WellsFargo.com
Telephone: 612-667-9104
Fax: 612-316-1212
TENANT:
City of Monticello
Attn: Rick W olfsteller, City Administrator
505 Walnut Street, Suite 1
Monticello, MN 55362-8831
Telephone: 763-295-2711
Fax: 763-295-4404
Either Landlord or Tenant may change its address or addresses for purposes of this paragraph by
. giving ten (10) days prior notice according to this paragraph.
(t) Binding Effect. This Lease will inure to the benefit of, and will be binding
upon, Landlord's successors and assigns.
(g) Severability. If any term or provision of this Lease, or the application
thereof to any person or circumstance, shall, to any extent, be invalid or unenforceable, the
remainder of this Lease, or the application of such term or provision to persons or circumstances
other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and
each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted
by law.
(h) Entire Agreement. This Lease sets forth all the covenants, pronnses,
agreements, conditions and understandings between Landlord and Tenant concerning the Premises
. and there are no covenants, promises, agreements, conditions or understandings, either oral or
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written, between them other than as herein set forth. Except as herein otherwise provided, no
subsequent alteration, amendment, change or addition to this Lease shall be binding upon Landlord
or Tenant unless reduced to writing and signed by them.
(i) Governing Law. This Lease shall be governed exclusively by the provisions
hereof, and by the laws of the State of Minnesota as the same may from time to time exist.
Landlord and Tenant have executed this Lease as of the date set forth herein.
LANDLORD:
WELLS FARGO BANK MINNESOTA, N.A.
By
Its
TENANT:
CITY OF MONTICELLO
By:
Bruce Thielen, Mayor
By:
Rick Wolfsteller, City Administrator
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Dc:ccmpe1:-J, 2002
MONTICELW
J\-fr~1 Lllldguist
P~dcrJt
Wells Fargo B,.:J;1-k
407 Pine Street
Monticello, Jv[}\j" 55362
M ; ^",,.... iF-.s Cl :r- A -,,-,./1
,." '-. --.
Re: Monticello Library and Marquette Bank Property Exchange
Letter of Intent
Dear Ivlr. Lindquist:
In accordance with our recent discussions concerning an exchange of properties between the City of
Monticello and Wells Fargo, this letter is intended to outline om general understill1ding of the term;; and
conditions relatiJ,ig'to an exchange oftl?c Monticello Library l:milding and: r,elated p[Ql?~rty for the Marquette
B~nk bl.1ilding facility and property. 'This, letter of understanding is om Jetter of intent to: complete the
prop'erty exchange 'substantlally ~pon the following terms: '
.
Property Exchan2es The City will exchange the lihrary building for the Marquette Bank buildinf;. The
property included in the library site would exclude the triangular area located south of Wells Fargo's
proposed drive tluough entrance from Walnut Street, that area also known as future public parking area for
Towne Centre development.
Property to be included at the Marquette Bank site would include aU d:~veloped parking areas as they now
exist.
Exact legal descriptions to be determined and negotiated as part of final purchase agreement dOCllment.
PaJrking lot development in Wells Fare:o/Librarv site block City of Monticello will assume all
responsibility for development and construction of public parking faci::ity in partnership with Towne Centre
development on propertyexcluded from exchange. ,The approximate area would contain 44 parking
spaces as shown on Wells Fargo site development plat dated July 30, :~002.
Transfer o{p~-opcrtvad iaccllt to nresen't dri~'e throul!h Jacilitv.. ' City, agrees to ;include,as paIl .of this
, ,'" ,.' ,. ' ' I \ .
exchange ,that parcel'9fproperty adjacent to the Wells Fargo drive,t)ll",C'l~gl! fapility and,Burl~ngton Northern
R~ilro~d right-of-;w8Y , ' ; ,,', ','", , ' ., :', ' '
, ;, ' 1
.
Marquette Bank vacant lot purchase. The City of Monticello agrees to purchase the approximate
18,000 sq. ft plus vacant parcel adjacent to tbe Marquette Bank building at a fair market value to be
determined by both parties.
Monticello City Hall, 505 Walnut Street, Suite 1, Monticello, MN 55362-8&31 . (763);~95-2711 . Fax; (763) 295-4404-
Office of Public Works, 909 Golf Course Rd., Monticello, MN 55362. (763) 295-:\170. Fax: (763) 271.3272
'.1; ;, '
q
_.uu r~A O~~ 001 u~L~
1"'V..."11.L..1""'..... A ..1...........1. .........L..... ~""--....
.
Mr. Tom Lindquist
December 3,2002
Page Two
Library Demolition. As part of the property exchange, the City of Monticello agrees to demoli 5h and
remove the existing library structure from the property at city expei1se. Time frame for demolition removal
to be determined by prior of execution of purchase agreement.
BuRldim! Requirements. As part ofthe property exchange, neither party is required to construct any
minimum improvements 'on the properties cxch,mged, including elimination of any requirement for Wells
Fargo or other developer to construct a retail or office complex along Walnut Street on the former library
site.
Furniture and Fixtures. The City proposes that the exchm1ge include all interior furnishings, furniture,
office equipment and office partition systems from the Marquette Bank building, except for that equipment
specifically used for banking operations.
This letter of understanding is a summary of the general conditions the City of Monticello would be
agreeable to for a property exchange to occur. Establishment of a clm:ing date and defining procec.ures for
relocation of library property, demolition and removal time lines would still need to be estabHshed. Upon
acceptance of the general terms and conditions of the property exchange by Wells Fargo, the City will
. prepare a purchase agreement outlining the details for your approvaL
.
This letter of intent is my understanding of the conditions and terms that may be acceptable to both parties in
completing this property exchange. This letter is not intended to constitute a legally binding contract, but it is
the City's intent to complete negotiations with Wells Fargo as soon as possible if the general terms m-e
acceptable to you.
Since an exchange of this type would require the library to relocate to rIle Marquette Bank facility prior to
demolition occurring, time is of the essence. Please indicate your acceptance of these general term:, and
conditions by having the appropriate individual execute a copy of tIllS tetter and retunllng the same to me.
Upon receipt of the executed copy, the City will prepare a draft of a pu rchase and sale agreement VI,ith
accordance with the above terl11S,
Yours truly,
CZ ;;).TICELLO
Rick WOlfstell~
City Administrator
.
RWdg
cc: Fred Patch, Building Official
Mayor m1d Council
Agreed ai1d accepted this t ...f/~ day of
,1Je--i?e.(J ~ f2~-IL,.n its
l
D 6 C- .,2002 by .~__-~-
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. Additional Information on Library/Bank Building Exchange - Vacant Land Appraisal (RW)
As part of the library/bank building exchange, the City will be buying the vacant property east of the
bank building at a price to be determined by an appraisal. I received a copy of the appraisal today that
placed the estimated value at $5/sq. ft. or $93,500 for the 18,645 sq. ft. parcel.
Assuming a decision is made on finalizing a purchase agreement offer with Wells Fargo, the Council
may want to also agree with the appraised value of $93,500 and make that offer part of the purchase
agreement approval.
A full copy of the appraisal is available for review at City Hall.
.
.
Frtm: Fax To: Rick Wolf.teller
.
.
.
Dale: 1/26/03 Time: 12:44:40 PM
k'age 2 at 44
LIMITED RESTRICTED USE
MARKET VALUE APPRAISAL
OF
ALMOST 2 CITY lOTS AT THE SE CORNER OF lOCUST STREET & W 6TH STREET
ABUTTING AND TO THE WEST OF WEllS FARGO BANK
DOWNTOWN MONTICEllO, MINNESOTA
FOR
MR. FRED PATCH
THE CITY OF MONTICEllO
BY
JULIE JEFFREY -SCHWARTZ
LAKE STATE REALTY SERVICES, INC.
DECEMBER 2002
Frorn: Fax To: Rick Wolfstdler
Date: 1/26/03 Time: 12:49:02 PM
Page 6 of 44
.
January 27,2003
Mr. Fred Patch
The City of Monticello
505 Walnut Street #1
Monticello, MN 55362
RE: Limited Restricted Use Market Value Appraisal of:
Almost 2 City Lots at the SE Corner of Locust Street & W 6th Street
Abutting and to the West of Wells Fargo Bank
Downtown Monticello, Minnesota
Dear Mr. Patch:
.
Pursuant to your request, I have personally inspected and prepared a limited restricted use
market value appraisal for the above referenced property. The appraisal estimates the current
market value of the fee simple interest in the described real estate, subject to the certification,
definitions, and the assumptions and limiting conditions as stated within this appraisal.
After careful consideration of the all pertinent factors influencing market value, it is my opinion
that the subject property has a market value in fee simple estate as of December 12, 2002 (the
date of inspection) of:
NINETY-THREE THOUSAND FIVE-HUNDRED DOLLARS. . . $93,500
The attached report describes the methods and reasoning used in the analyses, as well as the
data gathered during the investigation of the property and marketplace. This appraisal report
has been completed in conformance with the current version of the Uniform Standards of
Professional Appraisal Practice (USPAP) of the American Appraisal Institute; the aee
appraisal guidelines dated August 9, 1990; requirements as set forth in 12 CFR Part 323, and
"Appraisals" as published in the Federal Register, and as amended from time to time.
Please feel free to contact me if you have any questions regarding this report. Thank you for
the opportunity to assist you in this valuation matter.
Respectfully Submitted,
Julie Jeffrey-Schwartz, Certified General Appraiser
. Minn. #: 4002423; Wise. #482; Mich. #12-01-005363; Ohio #423328
4
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