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City Council Agenda Packet 06-09-1997C AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL, Monday, June 9,1897 - 7 p.m. Mayor: William Fair Council Members: Clint Herbst, Brian Stumpf, Roger Carlson, Bruce Thielen 1. Call to order. 2. Approval of minutes. A. Approval of minutes of the special Council/Board of Review meeting held May 7, 1997. B. Approval of minutes of the special joint Councilfrownship meeting held May 20, 1997. C. Approval of minutes of the special Council workshop held May 21, 1997. D. Approval of minutes of the regular Council meeting held May 27, 1997. 3. Consideration of adding items to the agenda. 4. Citizens comments/petitions, requests, and complaints. b. Consent agenda. A. Consideration of authorizing a one -day farmer's market and exemption of permit fee. Applicant, Monticello Mall Merchants Association. (� Consideration of final payment for water tower paint project, Project 96.09C - Pittsburg Paint & Tower C. Consideration of final payment for Project 93.14C, First Stage Digester Cover - Gridor Construction. D. Consideration of change order 03 for Project 93.14C - Adolphson 8c Ai) Peterson. Consideration of approval of final plat, development agreement, and disbursement agreement governing phase 1 of H3ein Farms III residential subdivision. 6. Consideration of items removed from the consent agenda for discussion. Agenda Monticello City Council June 9, 1997 Page 2 7. Consideration of a request by property owner for reconsideration of amending urban service boundary and annexation - Art Anderson. 8. Consideration of reviewing draft of City Council Vision Statements and Governing Policies. 9. Consideration of a resolution entering into a joint powers agreement with MN/DOT providing for payment to the City for design and inspection fees - Highway 25 Improvement Project. 10. Consideration of bills for the first half of June. 11. Adjournment. C MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Tuesday, May 27, 1897 - 7 p.m. Members Present: Bill Fair, Clint Herbst, Brian Stumpf, Roger Carlson, Bruce Thielen Members Absent: None Mayor Fair began the meeting a few minutes early to allow the City Assessor to report on re-evaluation of parcels. City Assessor Jerry Kramber reported that he reviewed six parcels as directed by the Board of Review on May 7, 1997. Discussion and action were taken on the following parcels: 166-048-002060: Because the 1996 reduction was not recorded as a permanent reduction, the 1997 estimated market value was increased by 6.8% for 1997. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO INCREASE THE ESTIMATED MARKET VALUE BY 3.6% RATHER THAN 6.8% FOR 1997, RESULTING IN A $141,800 MARKET VALUE. Motion carried unanimously. 166-013-001030: Changed enclosed porch from average to fair, resulting in a reduction of $800, for a new estimated market value of $94,700. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THiELEN TO APPROVE THE CITY ASSESSOR'S RECOMMENDATION FOR AN ESTIMATED MARKET VALUE OF $94,700. Motion carried unanimously. 166.011-000031: Increased physical depreciation from Erb to 10%, resulting in a reduction of $34,600, for a now estimated market value of $708,300. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO APPROVE THE CITY ASSESSOR'S RECOMMENDATION FOR AN ESTIMATED MARKET VALUE OF $708,300. Motion carried unanimously. Page I a Council Minutes - 5/27/97 155-074-002040: Took off three bath fixtures, resulting in a reduction of $1,500, for a new estimated market value of $130,200. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO APPROVE THE CITY ASSESSOR'S RECOMMENDATION FOR AN ESTIMATED MARKT VALUE OF $130,200. Motion carried unanimously. 155-090-002190: Changed grade from 8 to 7.5, added a walkout and omitted a gas fireplace, resulting in a reduction of $5,100, for a new estimated market value of $132,300. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO APPROVE THE CITY ASSESSOR'S RECOMMENDATION FOR AN ESTIMATED MARKET VALUE OF $132,300. Motion carried unanimously. 155-010-068010; Changed condition from good to average and changed effective age from 1953 to 1958, resulting in a reduction of $3,000, for a now estimated market value of $88,800. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON TO APPROVE THE CITY ASSESSOR'S RECOMMENDATION FOR AN ESTIMATED MARKET VALUE OF $88,800. Motion carried unanimously. Approval of inu s of h milnr meP in8 h le d M„v112 1997. Councilmember Herbst requested that the motion for item 914 be clarified that other communities will continue to be allowed to contract the use of Monticello's animal shelter. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO APPROVE THE AMENDMENT TO THE MINUTES. Motion carried unanimously. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD MAY 12, 1997, AS AMENDED. Motion carried unanimously. Cnnaiderntion of nddinn its a to thn nuon n, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO ADD ITEM 013 TO THE CONSENT AGENDA. Motion carried unanimously. Page 2 a Council Minutes - 5/27/97 4. rit.J7,eng commpnWpptitinng_ requests. and core lain s �l A. Wanda Kraemer, representing the MCP promotions committee, announced events scheduled for Walk and Roll and invited the Council to attend the celebration on Saturday, May 31. B. Fourth Street resident Ron Reinking requested that Council consider taking action to control the use of dirt bikes and motorcycles on the railroad track easement. He noted that the number of cycles using the track has steadily increased over the past few years and has become a nuisance. It was the consensus of Council to have the Police Commission review the issue at its next meeting. .n sent age dna. Councilmember Herbst requested that item 5B be removed from the consent agenda for discussion. A. rnnsid ra ion of au .ho 'zine a 1Any farm r'a rnarlipt. and exemption of Vcrmit fee_ Applicant. Downtown 1Vlerchantn Association. Recommendation: Approve the issuance of a 1 -day farmer's market permit for the Downtown Merchants Association as part of the August 9 all -city garage sale event and waive the permit fees. B. Consideration of nppro_ vine nmpndmont to rontrnet, for Private Redevelopment by and among the City, Cpdrug Cmrk.rafts nn.Ir�c._ and the HRA. Removed from the consent agenda for discussion. C. Consideration of approval of Hnnl pint and aaaotdnted development and disbursement nmvements for Cardini 1 Hiffit VI residential s +hdi�n Applicant Value Plus Homes. Recommendation: Approve the final plat and associated development and disbursement agreements for the Cardinal Hills VI residential subdivision contingent on negotiations between City staff and developer regarding water main looping cost and lift station abandonment. D. Considerntion of rezonna C rdinnt Pond sid ntinl subdivision from ntrricul re in R-1 Applicant -John Lepnium. Recommendation: Approve the rezoning Brom AO to R-1 based on the finding that the proposal is consistent with the comprehensive plan and surrounding area uses. SEE ORDINANCE AMENDMENT NO. 292. Pago 3 41D Council Minutes - 5/27/97 E. Vnnsideration of approval of preliminary pat of Carding] Pond residential subdivision. Applicant John Leers n. Recommendation: Approve the preliminary plat for the Cardinal Pond subdivision subject to the following conditions: 1. Fallon Court is redesigned to a width of 30 feet, curb to curb. 2. The proposed cul-de-sac street is redesigned as follows: If Fallon Court is to be extended in the future, the cul-de-sac shall be redesigned and located entirely within the public right-of- way adjacent to the plat's southern boundary, subject to review and approval of the City Engineer and public works. 3. The maintenance of the proposed ponding areas and wetlands be addressed in one of the following manners: a. The plat be revised to locate the ponding areas and wetlands within the area of adjacent lots; or b. The ponding areas and wetlands be platted as an outlot. The applicant will be required to provide for a homeowners association subject to the provisions of the r zoning ordinance to ensure maintenance of the outlot. ! 4. The proposed pedestrian trail be relocated to a location within the existing power line easement. 5. The plat be revised to provide a pedestrian trail along the east side of the Fallon Avenue right -of --way. 8. The City Engineer verify appropriate wetland mitigation at a 2:1 ratio. 7. The City Engineer and public works review and approve all grading, drainage, and utility plans. 8. The applicant make appropriate cash contributions if final plat approval is granted. 9. Wright County Soil and Water Conservation District verify the wetland delineation and the mitigation plan proposed by the applicant. Page 4 W%i/ Council Minutes - 5/27/97 Consideration of adoption of an ordinance res ,iring plan review of plumbing plans for work in thp city, and adoption of a resolution req, s 'ng that. the Mlnnpso_ta State Co mission r of Health d 1 gas= State Pl ,� mhing Code enforcprnpntactivities to the Qtv. Recommendation: Adopt the ordinance requiring plan review of plumbing plans for work in the city of Monticello, and adopt the resolution requesting that the Minnesota State Commissioner of Health delegate State Plumbing Code enforcement activities to the City. SEE ORDINANCE AMENDMENT NO. 293. SEE RESOLUTION 97-17. G. Con_aideration of final payment to Barbarossa & Snna. Inc., for Meadow Oak storm sewer outlet and Northeast Gillard Avenue rern s . action_ $elect 93-12C. Recommendation: Authorize final payment to Barbarossa & Sons in the amount of $16,549.40 upon receipt of all final lien waivers. .o aid rs .ion of lectri al improvements to ELlison Park for communitypyienfig and celphratinnA. Recommendation: Authorize electrical improvements to the log shelter and gazebo in Ellison Park at a cost of $4,920. Consideration of items removed from the consent agenda for discussion. 5B. Consideration of approving nmpndmpnt ta rontract. Contract.for Privsitp Redevelo m n . by and nmong the City- redrus Creek Craftsman Inc and the HRA, Economic Development Director 011ie Koropchak reported that at its meeting in May, the HRA voted to amend the contract for private redevelopment between the City, HRA, and Cedrus Creek Craftsman, Inc., to extend by one year the date of commencement and completion of construction and the date of recording and filing of the final plat for Prairie West Second Addition. The developer agreed to pay all costa associated with amending the contract. In summary, Koropchak stated that the commencement date for payback to the developer and HRA is delayed one year, total payback to the developer and the HRA is delayed four years, the developer's payback interest will accrue from June 1, 1997, and the district will nun the maximum life of 25 years. Councilmember Herbst noted his concern that this was the second request for amendment to the contract. It was his view that, although the City wants to see the development succeed, two extensions should allow the developer sufficient time to comply with the contract. Page 5 aD Council Minutes - 5127197 John Komarek of Cedrus Creek Craftsman noted that the amendments were due to legal delays in decertifying the Gille parcel from the torrens title system and returning it to the abstract recording system. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO APPROVE THE AMENDMENT TO THE CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE CITY, HRA, AND CEDRUS CREEK CRAFTSMAN. Motion carried unanimously. City Administrator Rick Wolfsteller reported that Council previously tabled consideration of membership in the Wright County Economic Development Partnership to allow for representatives of the Partnership to attend the Council meeting to answer questions regarding the program. In addition, Council requested additional information on activities and accomplishments of the Partnership and how it related to the City of Monticello. Marc Nevinski, executive director of the Partnership, reported that accomplishments of the Partnership included: • completion of an overall economic development plan which led to a grant for the City of Cokato; • development of a networking relationship with Benton, Stearns, and Sherburne Counties; • development of a working relationship with the Minnesota Dept. of Trade and Economic Development and the Central Minnesota Initiative Fund; ■ innplementation of a county -wide business survey; and • assistance to Eden Electronic and Product Technologies with expansion projects utilizing the enterprise loan fund. Nevinski noted that if Monticello continued their membership, they would benefit because the Partnership would servo as a marketing tool for the county; would provide a central source of information and support services such as financing, site availability, and employee sourees; euid would foster cooperation and collaboration between local governments, educational and financial institutions, utility companies, and business, as well as adjoining counties and state government He noted that in a sense there is a duplication of efforts; however, when the county benefits, the city benefits. Page 6 AD Council Minutes - 5/27/97 Councilmember Herbst asked if the Chamber had agreed to pay the $500 portion of the membership fee as requested by the IDC. Chamber President Grace Pederson noted that the Chamber Board will meet on June 3 and that she saw no reason why the Board would deny the IDC's request to pay the $500 toward membership in the Partnership. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO APPROVE CONTINUED MEMBERSHIP IN THE ECONOMIC DEVELOPMENT PARTNERSHIP OF WRIGHT COUNTY AND TO ENCOURAGE THE CHAMBER OF COMMERCE/IDC TO CONTRIBUTE $500 TOWARD THE MEMBERSHIP. Voting in favor: Bruce Thielen, Roger Carlson, Bill Fair, Brian Stumpf. Opposed: Clint Herbst. It was Herbst's view that Council should require that it be mandatory for the Chamber to contribute $500 toward the membership dues since the program is used for expanding commercial businesses. Motion passed. Con- sideration of providing 60 -day not -ice not-iceof withdrawsil from 1he ruyanwriFthip Urbgnizatinn Plan. Mayor Fair reported that this item was placed on the agenda at his request and that a letter noting his concerns on the issue of urban service boundaries was included in each Council members agenda packet. He stated that lie would table his intended motion to provide the Township with a 60 -day notice of withdrawal from the urbanization plan in order to allow the Council an additional two weeks to consider development of the two properties in the southeast portion of the OAA. Councilmember Clint Herbst noted his concern with regard to the Mayor's presentation of information at the joint Township/City meeting prior to all Council members being given the opportunity to review the information. In addition, it was his view that Council members were put in a difficult position when Mayor Fair stated his intent to make a motion to withdraw from the urbanization plan without first discussing it with the Council members. Councilmember Bruce Thielen stated that nothing would be accomplished unless the Township was dealt with upfront and with respect. It was his view that the City should follow through with the process by establishing a committee to work with the Township in the spirit of cooperation rather than intimidation. Councilmember Brian Stumpf noted that he would be absent from the Juno 9 Council meeting and requested that the Mayor delay making his motion for withdrawal from the urbanization plan until the Juno 23 meeting. Page 7 QD Council Minutes - 5/27/97 Mayor Fair agreed to wait until the June 23 meeting to discuss withdrawal from the urbanization plan. 1 I : , 1 . , :, 1 111 . . •. 1 �, , 1 1 1 './1 : 1 1 •,1 1 I M:= 1 1 1 1 .I 1 11 1 ♦ I Councilmember Bruce Thielen requested that the Council create a committee to work with the Township on urbanization boundary amendments and that the City Administrator also attend the meetings. Councilmember Clint Herbst added that the City Planner should also attend the meeting. Councilmembers Herbst, Stumpf, and Carlson volunteered to serve on the committee. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO SET UP A COMMITTEE TO INCLUDE CLINT HERBST, BRIAN STUMPF, AND ROGER CARLSON TIO CONTINUE DISCUSSIONS WITH MONTICELLO TOWNSHIP REGARDING URBANIZATION BOUNDARY AMENDMENTS. Motion carried unanimously. It was the consensus ofCouncil to select Tuesday, June 17,1997, 7 p.m., at city hall, without a moderator, for the next joint meeting date with the Township. If the Township is unable to meet on June 17, a second date would be negotiated. 9. Consideration of a resolution aRproving the feasibility study for 14 in Farm 111 residential anhdiviaioand coaid rn ion of n 1 ho 'zine mer nnratlon of plana and sp a '(i a ions• City Engineer Bret Weiss reported that the l(lein Farms 111 development is located immediately south of the Klein Farms let and 2nd Additions and west of the Cardinal Hills development. It is proposed to consist of 132 single family residential units, which will be developed in two phases. Phase 1 would consist of 38 lots and would be privately -funded; phase 11 was proposed to be completed as a public improvement due to the significant amount of trunk improvement costs and would be funded through special assessments as well as contributions from the appropriate trunk utility funds. Weiss also noted that phase 11 proposed the extension of a trunk sanitary sewer line west to County Road 117, which would provide flexibility to develop the property south of Nellbers a East Mobile Homo Park prior to developing the property south of Klein Farms 3rd Addition; however, it would involve additional oversizing costa of $113,000. He explained that in the past, the City has paid the oversixing cost; however, this project was slightly different in that it would provide the developer flexibility to access Pogo 8 �. y 10. Council Minutes - 5/27/97 property. Although the developer would prefer that the City upfront the $113,000 cost, he did agree to upfront the cost if the credit was returned with the first 90 acres. City Engineer Weiss noted that the total cost of the project was estimated at $2,322,000, with phase I costs estimated at $496,000. He also stated that the developer requested that the City consider reducing the letter of credit requirement based on his past track record of development in the city. City Administrator Rick Wolfsteller agreed that there may be merit in establishing a policy regarding letters of credit for long-time developers versus first-time developers in the area. Public Works Director John Simola suggested that the City require the developer to upfront the $113,000 oversizing cost as long as the developer is willing to do so. Councilmember Herbst agreed that the developer should pay the oversizing coat but that the City could carry the letter of credit. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO ADOPT A RESOLUTION APPROVING THE FEASIBILITY STUDY AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR KLEIN FARMS 111 CONTINGENT ON THE DEVELOPER PROVIDING A DEPOSIT IN AN AMOUNT EQUAL TO THE COST OF THE PLAN PREPARATION. Motion carried unanimously. SEE RESOLUTION 97-18. Mayor Fair reported that the Mayors Association requested that cities consider contributing a portion of their FEMA reimbursement to help the flood -stricken cities that were hit the hardest. City Administrator Wolfsteller noted that the City received $13,400 in federal disaster assistance and may receive an additional $2,600 from the State for snow removal cost overruns. He explained that the City's snow removal budget showed only the overtime cost for snow removal labor, repair parte, and materials such as snnd and salt, but does not include regular street department payroll. Through March 1997, the City expended approximately $15,000 of the $22,000 budget, which could result in the City exceeding the budget with additional snow removal operations this fall. Councilmember Brian Stumpf requested that, if the City approved a flood - relief donation, the snow removal budget be adjusted for 1998. It was recommended by the City Administrator that donations be sent to the League of Minnesota Cities for distribution. Page 9 �� Council Minutes - 5/27/97 AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO AUTHORIZE A $2,500 DONATION TO THE LEAGUE OF MINNESOTA CITIES FOR DISTRIBUTION TO FLOOD -STRICKEN CITIES NEEDING ASSISTANCE. Motion carried unanimously. 11. Consideration of authorizing thp Ralp of Lots 1.1 and 14_ Bl k 9. HOPI_ ,end Addition. located on Mississippi Drive. City Administrator Rick Wolfsteller reported that he received a memo from the League of Minnesota Cities regarding the sale of park property, which indicated if property was acquired by a deed containing no restrictions on its use, in most cases the property could be resold for other purposes. After reviewing the history of the City's acquisition of Lots 13 and 14, Block 3, Hoglund Addition, it was the opinion of City Attorney Paul Weingarden that the City should have legal authority to resell the properties since the deeds contained no restrictions. Weingarden did suggest, however, that proceeds from the sale of the lots be dedicated to the park fund for park improvements. It was recommended by City staff that the City sell the lots as a package, which would likely make it easier to perform soil corrections, with a minimum bid per lot established at $9,000 each as a starting point. Councilmember Bruce Thielen agreed with the recommendation of the City Attorney that the proceeds be dedicated to a park fund. He suggested that the City establish a park fund that rolls over from year to year and that any money dedicated in lieu of park land be deposited in that fund. It was also his view that the fund should be used for acquisition rather than maintenance items. The City Administrator noted that after discussing park funds with the city auditors, it was suggested that available park funds could be tracked through the fund balance with a line item established as a park fund reserve. It was the consensus of the Council that a method of tracking park funds could be discussed during the 1998 budget workshops. A MOTION WAS MADE BY CUNT HERBST AND SECONDED BY ROGER CARLSON TO AUTHORIZE SELLING LOTS 13 AND 14, BLOCK 3, HOGLUND ADDITION, ASA PACKAGE, WITH A MINIMUM BID REQUIREMENT OF $9,000 PER LOT, WITH THE NEW OWNERS RESPONSIBLE FOR ALL SOIL CORRECTION AND EROSION CONTROL AND MAINTENANCE OF THE HILLSIDE. THE METHOD OF TRACKING AVAILABLE PARK FUNDS WILL BE DISCUSSED DURING THE 1998 BUDGET WORKSHOP. Motion carried unanimously. Page 10 A, 1) Council Minutes - 5/27/97 Public Works Director John Simola reported that the street and parks departments were in need of an additional smaller tractor loader and that a total of $57,750 had been budgeted for this purchase over the past three years. He requested that Council consider authorizing advertisement for bids for a 4WD tractor loader based upon specifications written for the 210 LE John Deere and the 570 LXT Case, and to authorize obtaining quotes for trailers based upon specifications similar to the Felling line of industrial trailers. Bids would return for Council review on June 23. Councilmember Stumpf asked if there was sufficient parking space at the public works complex for additional equipment. Public Works Director John Simola noted that he was also concerned about parking and that they would need to consider purging other equipment from the inventory. In addition, in the future the City may discontinue renting out the pole barn located at the city sludge site in order to increase the City's available storage space. Councilmember Stumpf suggested that staff earmark some of the pole barn rent for sturdy locks for the equipment stored outside. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO AUTHORIZE CITY STAFF TO ADVERTISE FOR BIDS FOR A NEW 4WD TRACTOR LOADER BASED UPON SPECIFICATIONS FOR THE JOHN DEERE AND CASE, AND TO OBTAIN QUOTES FOR A TRAILER BASED UPON SPECIFICATIONS ALONG THE FELLING INDUSTRIAL TRAILER LINE, WITH BIDS TO BE REVIEWED BY COUNCIL ON JUNE 23. Motion carried unanimously. This item was added to the consent agenda. See item q 5H. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO APPROVE THE BILLS FOR THE LAST HALF OF MAY. Motion tamed unanimously. Page I �D Council Minutes - 6/27/97 15. Other mattera, A. Chief Building Official Fred Patch requested that the Council review the governing policies and forward comments to the Mayor. Consideration of adopting the policies will be considered at a future meeting. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO ADJOURN THE MEETING. Motion carried unanimously. Karen Doty Office Manager Page 12 4A.D Council Agenda - 6/9/97 6A. Consideration of santhorizing n one -tiny former's market and e:emntion of permit fee. Applicant. Monticello Mail Merchants Association. (R.W.) A RFFFRENCE AND BACKGROUND: As you may recall from the previous meeting, what I refer to as the Downtown Merchants Association had requested permission to operate a one - day farmer's market in the downtown area as part of the planned all -city garage sale event on Saturday, August 9. The site of the farmer's market was going to be on the vacant lot owned by the HRA adjacent to Preferred Title. Council had approved the one -day farmer's market and exemption from the permit fee. Marilyn Gartner, promotions director for the Monticello Mall Association, has also requested permission to have a one -day farmer's market at the Monticello Mall property in conjunction with the August 9 all -city garage sale event. The Monticello Mall Merchants would also like the opportunity to attract additional customers to their facility and feel that a farmer's market for this one day could provide additional customer traffic for them. With the granting of the license to the facility proposed in the downtown area, we've likely set a precedent that would make it difficult for the City to not allow other sites the same opportunity for this one day. B. AI.TFRNATIVE ACTIONS: 1. Approve the issuance of a one -day farmers market permit for the Monticello Mall Merchants Association as part of the August 9 all -city garage sale event and waive the permit fees. 2. Do not approve the permit. C. STAFF F .O MF:NDATION: While I was originally under the impression that the Monticello Mall Merchants and the Downtown Area Merchants were together as one group, it would have probably been better to have simply one location that would have been agreeable to both the downtown area merchants and the mall merchants for establishing a fhrmer's market. Since this is simply a ono -day community -wide event, I would recommend the approval be granted for the mall to also set up a farmer's market for this one day and that Cho permit fees be waived. By granting approval for additional locations, it is possible that the City will be asked by other area merchants to do a similar one -day event, but those can be addressed individually if a request is made. None. Council Meeting - 6/9197 5B. C-rinsidg-i-,lonof final ayment A. RFFFRFMCIF AND BACKGROUND: The painting of the old water tower is now complete. The base bid on the water tower was $22,075. Adding the large logo and deleting the wrap- around teat added $5,900 to the project. Changing the latex paint on the legs to urethane added $859.80. Finally, the addition of the wrap-around text along with the logo was another $1,500, for a total of $30,334.80. To date, no monies have been paid on the project, as the specifications call for payment upon completion. The project was to be completed on October 8, 1996. Total deductions on the project for liquidated damages, air compressor rental fees, and unauthorized long distance phone use totaled $4,010.15. This leaves a balance due Pittsburg Tank and Tower of $26,324.65. Please refer to the enclosed final project costs summary sheet. At the November 25,1996, meeting, Councilmember Herbst indicated he would like to see the amount of money that the City received as a deduct for the air compressor rental fee ($875) paid to the various businesses directly affected by the contractor's slow progress in 1996. Since the Council meeting minutes did not reflect any Council action regarding this issue, we may wish to discuss the possibility of doing so again. This does seem to be appropriate to use the compressor rental fee in this manner; however, it may be beat to only use the compressor rental and not other money, as this could set a precedent for other future projects, i.e., the Highway 25 Project and all those businesses affected. B_ AI.TRRNATIVF. ACTIONS: The first alternative is to authorize final payment to Pittsburg Tank and Tower Company in the amount of $26,324.65, and authorize the air compressor rental fee of $675 to be split amongst the commercial businesses below the water tower directly affected by the blocking off of the parking lot. 2. The second alternative would be to authorize final payment to Pittsburg Tank and Tower Company in the amount of $26,324.65, but not to split the air compressor rental feel amongst the businesses. 3. The third alternative would be to make final payment to Pittsburg Tank and Tower Company in the amount of $26,324.65 and authorize an amount other than the air compressor rental fee to be split amongst the affected businesses. Council Meeting - 6!9/97 It is the recommendation of the City Administrator, Public Works Director, and Sewer & Water Superintendent that the City Council authorize payment and splitting of the compressor rental fee as outlined in alterative Al. Since we are using only equipment rental monies, this should not set a precedent on future projects. Copy of final project cost summary sheet. CITY OF MONTICELLO PROJECT N0. 96-09C OLD WATER TOWER PAINTING AND APPURTENANT WORK FINAL PROJECT COSTS PROJECT COSTS: Base Bid .......................................................... $22,075.00 Logo/Delete Large Text (Add) ............................... . ........... 5,900.00 Paint Change (Add) ......... .......................... ................. 859.80 Add Large Text (Add) ....... ... .. ... ..... . ......... 1.500 00 TOTAL: SP.M34.9 DEDUCTIONS (As Per AereemeNt 11/26/961: Liquidated Damages from 10/09/96 to 10/3 1 /96, 22 Days C $50/day . $1,100.00 Air Compressor Rental Fee 675.00 Unauthorized Long Distance Phone Use 135 15 D Liquidated Damages Above 50°F 4/13/97, could begin work five days later on 4/18197, work completed 5/30/97. 42 days total © $50/day $2.100.00 TOTAL DEDUCTIONS: S-400 TOTAL DUE PI"1'I'SBURG TANK & /TOWER CO. S�6,3 4=6� jo A• �t��I�o-rh t C °' Council Meeting - 6/9197 gC. Consideration of final payment to Gridor Construction for first stage digester Cover reolaeement for a portion of City]Project No- 9R -14C - W stows er MmajmentRjantExpandm. W.S.I A REFERFNVF AND BACKGROUND: The replacement of the first stage digester cover was substantially complete last fall and put into operation. A few items remained to be completed this spring and should be complete by Monday evening's meeting. During the construction project, a few additional costs were incurred for additional caulking, gas piping modifications, etc. The original contract amount was for $310,800. The final contract amount is for $314,800. The previous amount paid on the project is $246,954, leaving a balance due of $67,846. As part of the final negotiations on the project, the City received a $2,000 credit for labor and materials for additional service work or repair work any time within the next three-year period. B. Ai. FRNATIVF ACTIONS: 1. The first alternative is to authorize final payment to Gridor Construction in the amount of $67,846. 2. The second alternative would be not to make final payment to Gridor Construction. C. STAFF F..O MF.NDATION: It is the recommendation of Bob Peplin from HDR, the consulting engineer, the City Administrator, and the Public Works Director to make final payment to Gridor Construction as outlined in alternative #1. D. SUPPORTING DATA: Copy of final payment request. GRIDOR CONSTR., INC. 1886 BERKSHIRE LANE P.O. BOX 41246 (� PLYMOUTH, MN 88441 `i owner CITY OF MONTICELLO. MN Fm Pei 11/1/% TO 3121/97 I Enalnear HDR ENGINEERING. INC. Om RegL" Ns REQUEST FOR PAYMENT PRIMARY DIGESTER COVER REPLACEMENT SUMMARY: 1 ORIGINAL CONTRACT AMOUNT 2 CHANGE ORDER - ADDITION 3 CHANGE ORDER - DEDUCTION 4 REVISED CONTRACT AMOUNT 5 VALUE COMPLETED TO DATE 6 MATERIAL STORED 7 AMOUNT EARNED THIS PERIOD 8 LESS RETAINAGE - FLAT AMOUNT 9 SUB -TOTAL In LESS AMOUNT PREVIOUSLY PAID 1 I AMOUNT DUE THIS REQUEST Raonintcnded Apprrn I by: IIDR N I EE INC C. R n li Approled b) Contractor. CRIDOR CONSTR. INC. p*- Sal 9� BOB Mh YLR SpcciAed Cont= Completion Dates \ Substantial by October 1. 1996 Final b) No%cmber 1. 1996 S 4,000 S I li 612-659-3734 5/21/971 4 • FINAL S 310.800 S 314,800 S 314,800 S 0 S 314.W) f 0 S 314,800 S 246,954 S 67,M Approwd by Omer' C OF ONTICE LO. N q� Duo PAYXLD 012197 EQUAL OPPORTUNITY EMPLOYER Ifo A 1 i L� r, GRIDOR CONSTR., INC. 1888 BERKSHIRE LANE P.O. BOX 41246 PLYMOUTH, MN 65441 612-659-37U PRIMARY DIGESTER COVER REPLACEMENT PAY ESTIMATE NO.4 - FINAL MONTICELLO. MN 11/1/% TO 5/21/97 AMOUNT AMOUNT TOTAL ITEM CONTRACT PREVXXMLY COMPLETED COMPELTED NO DESCRIPTION AMOUNT APPROVED THIS PERIOD TO DATE I BOND. INSURANCE R MOBILIZATION 15,800 15,800 0 15,800 2 SELECTIVE DEMOLITION 20,000 20,000 0 20,000 3 EXCAVATION, BACKFILL R CONCRETE 15,000 15,000 0 15,000 4 MISC. METALS R PIPING 5,000 5,000 0 5,000 5 INSULATION 10,000 1,500 8,500 10,000 6 PAINTING 40,000 26,000 14,000 40,000 7 DIGESTER COVER 155,000 77,078 77,922 155,000 8 DIGESTER MIXER 50,000 49,000 1,000 50,000 9 10 I 12 13 14 13 SUBTOTAL $310,800 5209.378 $101,422 $3I0,800 MATERIAL STORED 0 65.015 (63,015) 0 CHANGE ORDERS 4,000 0 4,000 4,(X 0 TOTAL $314,800 $274.393 540,407 $314,800 PAYXL3 Sall9T EQUAL OPPORTUNITY EMPLOYER spo ls C GRIDOR CONSTR., INC. 1886 BERKSHIRE LANE P.O. BOX 41246 PLYMOUTH, MN 66441 612468-3734 PRIMARY DIGESTER COYER REPLACEMENT MATERIAL STORED MONfICELLO. MN PAY ESTIMATE NO.4 - FINAL ITEM PREVIOUS THIS NET NO. DESCRIPTION SUPPLER AMOUNT AMOUNT OJSTALLED AMOIRR 7 DIGESTER COYER WESTECH 63.015 0 65,015 0 65.015 0 63,015 U NET MATERIALS STORED THIS PERIOD (65.015) PAYXLS 5.4UB7 EQUAL OPPORTUNITY EMPLOYER Se co/ GRICOR CONSTR., INC. 19M ttt'ARfl M LAI/ PLVMOIRp, MDOMMA /SMI Thursday. \tav 22. 1997 John Simola Public Wcrks Department 14;Q Colf Course Road "onticello, %IN 55362 Ref: primary Digestor Cover Replacement Dear Mr. Simola Agreement made at 10:30AM meeting on May 21, 1997. Gndor will provide 3 feet wide sanded walk ways on cover using a 98 coarse sand. Also will touch up paint, SE Edge of sampling tube, South lifting eye, and cover guides. \Nill rework metal flashing, by straightening or outing off drip edge. Will fasten Flashing tight to Comcx to k -+all with caulk between metal & concrete Ciridur Mill provide the City of Monticello with a $2,0009 credit for labor and materials for scr%icr or repair work within the next three years. May 22. 2000. Sin;crely, 41. IJ 1 eiset�� President Hr.;' EOUAL.OPPOAtNtafli tat"Y" seb Council Meeting - 6/9/97 it ,1i:1�:r: 111 .Ila •1 V mal :.M\� Change Order No. 3 involves a number of small changes necessary during the construction of the project. These small changes are in the form of change proposal requests, and this Change Order No. 3 involves the approval of Change Proposal Request No.'s b, 9, 19, 24, and amendment to supplementary contract conditions. A summary of these changes is attached. The total dollar value for Change Order No. 3 based upon the above construction costs is $4,839. In addition, we are proposing to modify the contract language to allow field work to begin with a change proposal request signed by HDR., the City and A&P. Currently it states only after a signed change order. B. ALTERNATIVE. ACTIONS: I. The first alternative is to approve Change Order No. 3 to the contract with A & P in the amount of $4,839. 2. The second alternative is not to approve Change Order No. 3. C. STAFF R .OMMENDATION: It is the recommendation of the City Administrator, Public Works Director, and Bob Peplin of HDR, the consulting engineer, that the City Council approve Change Order No. 3 as outlined in alternative 01. These change proposal requests have been approved by the City Administrator and Public Works Director as if they were change orders as outlined in a previously set policy. Copy of details and text of Change Order No. 3. C fm0�5 '97 12:42 FR ISR ENG I BEER 1 NIG INC 612 591 5413 M 92952170---1 P • 021M i L� � Change Order No. 3 Project Nemo: Wastewater Treasned Phrd EWW VmnHDH i f*d NW 08124404-164 Peejeat OmW. CITY of Mord6 b0, lel IEN�^_w.ny PepMdN0.: 9S14C d Umrerlae: 411 Sr87 Pra)u1 Centradec Ada/son old Paterscrl d omcl t 127tem _ Arfed iylM • ions" R b agreed to mody the ContiW ntlensd to above as BDPa4a: 'teen No rm and D8801 Don of Charms 1 N0. 5 1 610.9 Wm 19 1 N0. A I VkinprOmem to Supplementary Condamm • O*muna t 10 d.1 fMa0hodl Dmere om Net Saemsry: tl to agaM to amft no Gonad eefsned to aO, as fOpOtra n� DOa Vlp f- 64n 0 dra 51t. am 0 APve 0 &vs 1 0 o RevbM Ca*W Time aft d approved Change Orders 83.628 favi 0 dm 0 S Gap Gap PA" 0 QPn 2" 60M 0 dove Saemsry: tl to agaM to amft no Gonad eefsned to aO, as fOpOtra Caftad Prim pear to Ode CMnBe Ordor Ca weal Tkm prior to 011s Change Order b 11.278.513 I CmmMbnDSM: n --j 15.19" Not' — (demeoe) of 0" Change Order Net klereaea (decrease) at ft Ctlango Order b 4,1198 1 0 Revised Caibad Pnoe vft a0 approved Change Ordpa RevbM Ca*W Time aft d approved Change Orders b 11.283.382 1 Cormittlon Dots: Oeabm 15, IM The dwlgw IreahhfeO In Oft Change Older are to be @cc=, 0e1 In sooeedartoa MIT me term& gdpraaffona and d Ula aripbetl t.anteaaf p tTolpT Mea1110s0ITen4► IMntlebtM 1 �1 L_ by MGR EngYlearelp tn0.) 1 Approved be Osrrw Orr. D� I A17Paed (fJdar • vvTsn rapolsd) Disc d)ar: L—JGtrtr L—JCordnetor L—Pmoe L-- JPW L--Po- am.". am. 6ornY� IeOn1e Y IfAI we eq.r.a bl MM m,xim" . Soo jw 05 '97 12:42 FR FDR DGUaRING INC 612 591 5413 TO 9Q9S31?0--1 ?.03/@? C bmp Order Na 3 Wastewater Treaunent Plant Expansion Monticello, MN City project No. 43.140 �,� � cotldi�ro - ooeAs SC.10.6 p:opoea►Rmxg 10.6.1 D*w " COWrRAC M is not tmftea sd w paocew vith ctm w "aloud io • CPR. uuw tlto C hmp Qft b peopuly dVW and Wwo& — Add. « Cam= b armthcind to proceed with cbmp cid in a CPIR tial is ptopedy dpW and astuC JUS 05 '97 12:43 FR HDR ENG I NER I NG IK 612 591 5413 To 92953170--1 P. 04N7 Change Proposal Request No. 5 (Not a CherVe Order) IN N.n.: Waa.watV TaatmMa n.nt t pW..W. IOwWs Raicat No .93}14C IRppat Owtmr•. CM of m;nfkeoo, MN IAegulmua Agency AG).cr No. IM apoaeabW: IVDA Praia ft.: oY 124004.164 jWba d !y: -X EnOYry � canvWwr ICmmaaer: Aaollaan a Paear.ne I Owner, loan: Marc, 17. 1997 Attarm— The tonowfng change In the contract an UVIS Project Is proposal. • A W sWWown of cost SMALL be attached. • Work Shag not conurM— tend aRhorRed by the Owner. Description of " Proposed Chanpe: �Section 13440 - Plumbing F&Wms 6 Equipment - Hose Roofs - HR -2 11. PwaWso 202 S. HR -2 Page 16660-12, Une 03; p.lt REVISE to MW as bloww. -1) 200 FT: t -1R IN ID wablr hose ago ' 12 onrWng No. M3-100; Homme Reel SUtedWe: REVISE HR -2 Hose Roel ManufW=w Modd Nun%W !o: • ;,Jjt2Wj-a` •. REVISE HR -2 Hose Real Hose Tm tw oEIFTE HR -2 Hose Reef Comrnont • C taplMlt 13. See RFI 03 ReWrtso, DIM March 13, 1971. JATrACH1ACNm None By: Derrcil A. Plucker, P.B. Aar work "be N accordance with dre twma, atipulsdm a, and conditlons of Star WW" Contract Documents. It the work herein prodded for to - Approyed by Chan" Order, the tbre of camptanon WM be: _ utveead _ 0ecrauad ZCUnchanped by calondar days. Ttw Wrroa w�: jr Add _, OWUI _Not Ourgs a .r3eLa� [.7�-�� Pr.T&.-o 4 Aot Art � nri oilteen araprr /. /9 7 ora Ow mm's Aceoa: Accepted _ Not Accepted 00 Not Aecerntnend Acceptance CPR No. / Pegs 1 SD CW0III JUt 05 '97 12:43 FR FDR t]GIV4MRIHG INC 612 591 5413 TO 92953 1 70-1 P. 05/m Jm Change Proposal Request No. 9 MOR Cny.rwf. M (Not a Change Order) IN Nam•: Wava mev Tm tmert Awn fi+mWW-n IF%.in Ornrr: Cay of MOM0.000. MN j4W V.O* N..: 051 t:s-4)04.1 ea I�••e•cter: I0w.rr4 Pmisd No 29.14[ I Rapulatery Apar 4bsett No. m .opec.bW: Ieeo.ted By: X ef io4w . Cortvactw 1000: 442187 Attrteac The MOowhq char ae in the COMM to this project b proposed. • A bm"Dwn of cost SHALL be attacftee. • Watt" root tomntenee ural adhorl:ad by fhe Owner. Oescriptlon of the 1Proposed Charps: JADMIN MATICN BUILDING WOMEN'S RESTROOM SHOWER ADDMON. Ifr@O1ANICAL: REME DRAWINGS M1.90, Mt -01. Mt -93 and 9 M1$t. DELETE In WfWkl Tes ReWoorn. Room 0 910: Osie L-1 and tme YVf' 1. ADD: In NbrnofW 3 Reatroom Rooms 910: One SM -1 and ons r FD -t and r WST. MODIFY PIPING: WST, CW, and IIW. See aftatitad 4 MO&akd fc+dlVlb Carder EVYC-2 and CW. MW and WST p1 inA Det+saen doors On wall of aka0. JARCWMC7URAL Rovkm D vwhpe A-90. A-100 and A-101. I Ddets Starme, Room 916 and Dca 91SA, Modify W amn's rtasoan by raddn9 arownr stag strniar to Men's Odate ane water elaast mud ane IaretofY. Chttnp0 S'-0' ditnansbn b VWbrraall'e restroom to T 3', ICenber EV C belwev doors =A and 91OA On ro th rag of fileM In ow. . cr 801. IATTACNMEm: YES: MCUmtivt 9311-00, "1-01, 9.11-03 and S. U144. IATTACHME TS: YES: AnchbicMMI: 9,11 90,9-A-100 and 0 il&&., � o;: n J. E. An woh"be tolecotd.%- with the peau, OVAiE.rls, end cadilsons of the alar..) Co &d Oeanrnb. M Ul a wcwk hsreln pm lds I for 1• Apprewd by Chanps Order, to brtr Of CORVNdon wla be: Mcnund Deas.ad X Urttlunaed by celm m dare. TN. a wle: Add Deduct Not Change s �9L R= AwP $ { st/61tr7 ieM \ a4srvt I9 7 awrrw•a ACeiom ^ Accrptad ,_ NOt ACcpted �f Do Not R.00rrrprttd ACCpt.nes N ou. AA /I �Q% 0419 CPR No. 9 Papa 1 JU4 05 'Y' 12:44 FR HDR ENGIfEERIf4G INc If4afeat Nom: Wartawam Tmmunarm Phm Lv mlon IAOi6cl owaw: Car a Mmnlade mm INDH Proom No.. 00124404.164 Aloft- a PMensr 612 591 5413 TO 92953170__1 P. 0&-m Change Proposal Request No. 19 (Not a Charge Order! low. -W. NO* N0411K IftWA err AWncy poi.ct No. to tppkeift : Ire Or. [;IdrneeX_ Camaaw ow.ne Dau: 4/27191 Atdndom The following dmw In the eonbaat on this P-)mn Is oraposw. A breakdown of colt !WALL be at[at:IMd. • work s Wi not cm nwnce wfb7 aut)wrted by the Owner. Description of the PropoW Charge: ISeeftn 010M 1.03 04C - Tdephom Smv/ce (Fleld MCA) II1. Prwtde three nnlbo tures as trfffcoted in till AdP 1/1497 Ww sm)ched. II I IATTACNMEMM: A&P 41497 boar BYJ. Pepin P.E. AD work ahaa be In accordance with W Lwmta, ►IDA R ., . etiptbtlotn, and condhlons of the mama! Contran PAcwnffm d Do Not Recomnord Documents. "the work hembr PiOrrlda0 for Is Acceptance Accoptanoe Apvored by Change Orde. the *na of myOWdW wN be: 14ri NDR prerNrbne, kw. _ brer'taae0 Demaatad �,Unr:htnpad by ca*%dw da". om TN. � r k AM ! Deduct _Not Cheng. e1n CkY of M&Wcab. MN I a IYta m tlwn /ill/7 7 cm Owns s Action: Amaptsd _ Nm Accaptad CPR Mo. 10 Pape I GDE"a` JL14 05 '97 12:44 FR HIR ENGIWERING INC 612 $91 5413 TO 92.953170---1 P, MIM Change Proposal FM Request No, 24 MR ° """F ~` (W n Ch -W Orda) (teaNWMwQO&."&necurm'aax++Ev«tion Ior.�n�.allo.o±Sic Mnhnrola m IRep rataEF;_cetzaaaist6t �t+rrot"oet— &or— K,_Cant�oata 0ftW . hlw+ve 0~ I loon: vlolvr AttwSW6 Bre f kr.*V cfWwQ* h the conM)ct on this Poled kr POPMd. A, b vck*y n of oott s 4AU w ou=hed, work dXM not Commend w'M 00"t.a my me 0WrW• Do=% +on of ttte Ptopt>aod 0-0c: alta Gond k.0 - w rx 91W Q 1 I JAWACNMEM AAP WIN? leder a' Sy/f�tt�rt �. Papin P.E. Al work thou be h 000NCICM0 Wth Wo TWM Im rtsio . .Kof 0W%A090ac0rkd a w a"oA0nc1 �n�t _ aecorvv"V4 _. Oo of - 0000"tN7tt� k the workprodded to h wo proddtP e Approw0d by Chta+pe OMW the WW of COff* bn W be: tK tDR 6+yrwh Ti ha. atcr�Mawd Mcnoroa ,t w4h. I by co dw- Deftttrt cDwdW Not Chary* or. Crr a h4wftnw. ►w I ownW% Aamn. -,�ACCODW _ Not Aaxptetl rr TOTPL P Z-.ff4 ♦s Ll Council Agenda - 6/9/97 BE. Consideration of approval of final plat development ngMment and disbursement agreement Qover ininna Phnse I of IMPin F rma III residential subdivision (J.O.) A RFFERENCE AND BACKGROUND: City Council is asked to consider approval of the plat and agreements governing phase I of Klein Farms III subdivision. Klein Farms III consists of 132 lots, of which 38 will be platted with phase I. Improvements will be installed following the private improvement process whereby the developer's contractor installs utilities under the direction of the City. It is my understanding that the developer will follow through with Klein Farms III, phase II, as a public improvement project later this summer. Following are highlights from the development agreement. The developer has agreed to pay expenses associated with establishment of low maintenance ground cover in storm pond areas on private property that are isolated from residences by a pond. As you recall, this approach is being followed at Cardinal Hills, phase VI, with the City funding the expense. In this case, however, we were early enough in the development process to justify the requirement that the deter pay for the added expense of creating ground cover that will not be a maintenance headache. The developer will be responsible financially for proper installation of all subdivision trees. The developer will be providing funds ($300/tree) in the disbursement agreement necessary to install trees. In the past, City staff would require escrow for trees on a lot -by -lot basis, which resulted in a huge amount of work and inconsistent results. Now the developer is responsible if the builders do not plant trees as required. The total security for the cost of the improvements as identified in the disbursement agreement is $392,000. This will be the first full development that must comply with the now requirements for tree planting as identified in the recent ordinance amendment. Trees will be planted at a range of 4.10 ft from curb edge. The City will be acquiring *the best" portion of the site for park use; and in accordance with the Parks Commission recommendation, the development agreement allows the developer or his agents to salvage portions of the residence and barn by September 1, 1997. The City cost for demolition will be drawn against finds budgeted for development in this park as identified in the capital improvement plan for the year 2000. The developer will have Council Agenda - 6/9/97 Caccess to the storage building for 18 months under terms defined under a future lease agreement. At the end of the 18 -month period, the storage building becornes the property of the City. The developer will pay fees as listed below for access to city utility systems. The developer waives public hearing notice requirements associated with the special assessment process. Trunk Storm Sewer - $26,485 (($92,000/132))•34 = $778/lot Trunk Sanitary Sewer - $28,068 ((78 acres' $1,250)/132)'34 = $738/1ot) Trunk Watermain - $14,034 ((78 acres' $625)/132)'34 = $369/1ot) C B_ UTPRNATIVF ACTIONS: 1. Motion to approve the final plat, development agreement, and disbursement agreement governing Phase I of H3ein Farms III 1 residential subdivision If City Council selects this option, the utility construction will commence on Wednesday assuming execution of the disbursement agreement, etc. 2. Motion to deny final plat, development agreement, and disbursement agreement governing Phase 1 of Dein Farms III residential subdivision. C_ STAFF RF O MF.NDATION: The City Administrator recommends alternative #1. D_ SUPPORTING DATA: Copy of development agreement and disbursement agreement. 7 DEVELOPER'S AGREEMENT Phase I KLEIN FARMS 3RD ADDITION RESIDENTIAL SUBDIVISION THIS AGREEMENT, made and entered into this 9th day of June, 1997, by and between the CITY OF MONTICELLO, a municipal corporation organized under the laws of the state of Minnesota (the "City" ), and E & K DEVELOPMENT, a Minnesota corporation (the "Developer"). WHEREAS, Developer has requested that City grant final approval to a plat to be known as Klein Farms 3rd Addition, Phase I (the "Subdivision"), said land legally described as set forth in Exhibit A attached hereto and made a part hereof ("Property") which Subdivision shall consist of 38 single family residential units; and WHEREAS, Developer intends to construct, install, provide for, and maintain streets, storm sewer, water main, 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 1997, granted approval to the Subdivision provided that the Developer enter into the within Agreement and that Developer faithfully perform the terms and conditions contained herein. WHEREAS, Klein Farms 8rd Addition consists in its entirety of 132 lots developed in two phases, phase I (89 lots) is being developed following a private improvement process, and phase II (94 lots) is being developed following a public improvement process. Therefore, the developement agreements are inter -related via a common plat. NOW, THEREFORE, in consideration of the premises and the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. Plot Approval. The City agrees to approve the l0ein Farms III, phase I, 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 act forth herein. The exhibits are: Exhibit A -- Final Plat KU:INSLAUH: (MV7 ser*4 Prior to the date of filing the plat, Developer rnuat pay to City any and all outstanding expenses incurred by City for plat and other development purposes including, but not limited to, engineering, legal, and other professional staff fees. Developer must also pay estimated cost to establish low maintenance ground cover in certain areas as identified in section 19 of the development agreement. The final plat 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 August 1, 1897. Failure to file the final plat by this date shall render this Agreement null and void in its entirety. Representationn of Developer. As inducement to the City's approval of the Subdivision and entering into this Agreement, the Developer hereby represents and warrants to the City: A. That the Developer is the fee owner of the Property and has authority to enter into this Agreement. B. That the intended use of the property is for single family residential development. C. That the Subdivision complies with all city, county, state, and federal laws and regulations including, but not 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 Impact Statement, but shall prepare the same if required to do so by City or other governmental entity pursuant to law and shall reimburse City for all expenses incurred by City in connection with the preparation of the review, including staff time and attorneys fees. 1. Developer Improvements. 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 R -• Ilevelopment Plan Exhibit C -• Construction Plans and Specifications Developer agrees the Developer Improvements shall be performed in accordance with the plans, specifications, and preliminary engineering reports prepared by the City Engineer and the City prior to commencement KIANNaLAO : 68M7 45E6 Pape 2 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: 1. Street grading, graveling, surfacing, and stabilizing, which shall include curbs, gutter, and driveway approaches. 2. Electrical services, including street lighting, within the Subdivision as determined to be necessary by the City. 3. Storm sewers, including all necessary catch basins, and appurtenances. 4. Water main, including all appurtenances. 5. Sanitary sewer, including all appurtenances. 6. Setting of lot and block monuments. 7. Surveying and staking. 8. Site grading, berming, and landscaping consistent with landscape and the City Erosion Control Policy Residential Lots regulation. 9. Establishment of post office cluster box stands with groups of four or more in the single family residential area, provided that each group shall be no closer than 200 feet from any other group. 10. The City shall install street name signs, stop signs, and other traffic control signs at all locations deemed necessary by City, at Developer's cost and expense. 11. Sidewalk grading and paving. 12. Boulevard tree plantings. 4. P.ermit,B• Upon execution of this Agreement, Developer and other necessary parties shall promptly apply for all permits, approvals, licenses, or other documents from any and all necessary governmental agencies (which may include the City, Wright County, 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. No grading or building permit shall be issued by City unless the plans or application are in conformity with the City comprehensive plan, this Agreement, and all local, State and federal regulations. The City shall, KLEMM NSR. MV07 6VC0100 Pape 3 within fifteen (15) days of receipt of plans or building per applications, review such submittal to determine whether the foregoing 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 steps necessary for correction. Issuance of a grading or building permit 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 permits prior to City acceptance of the Developer Improvements provided that the party applying for the building permit 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 boulevard area for erosion control, 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 dwelling may be occupied on either a temporary or permanent basis, except that model homes may be occupied by sales personnel for marketing and related purposes. Notwithstanding this provision, if 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. Pre- •o a ruction Acriviti s, The Developer or his engineer shall schedule a pre -construction meeting with City to review a proposed schedule for construction of the Developer Improvements. t:o m e m nt of :e a ruction of Developer Improvments, Upon obtaining all necessary governmental approvals, licenses and permits, subject to Unavoidable Delays, Developer shall commence construction of the Developer Improvements within ten (10) days. 7. Faithful Performance of ranstructinn of Improvomonts. Developer shall install, construct, and maintain the Subdivision Items and Developer Improvements in accordance with the terms of this Agreement. Developer guarantees and warrants the workmanship and materials respecting such Subdivision Items and Developer Improvements for a period of one year following City's acceptance of the same ("Guarantee 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 defectivo, in the sole but reasonable opinion of the City or its Engineer, KLEINALMia: MW7 60rb Page4 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 Developers contractors, shall post maintenance bonds or other security acceptable to City to secure these warranties. InF}pection of Improvement . 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 improvements until final certification of acceptance is approved by City for all Developer Improvement items and expiration of any applicable warranty period. Construction and installation plans shall be provided to City and shall be reviewed by and subject to approval of the 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 least five (5) days prior to the commencement of the construction 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 warranty period. Acceptance of Improvement. Upon notification by Developer that any of the Developer Improvements have been completed, within ten (10) days City Engineer shall inspect the Developer Improvement and, at his sole discretion, determine if the Development Improvement(s) has been completed in accordance with the plans, specifications, and exhibits attached hereto. If the City Engineer determines that the Developer Improvements have been completed in accordance with said requirements, the City Engineer shall give the Developer written notice of the City's acceptance of the Developer Improvements within seven (7) days effective as of the date of the inspection. If the City Engineer determines that the Developer Improvement(s) is not completed in accordance with said requirements, the City Engineer shall notii� Developer in writing of the deficiency and provide a reasonable date upon which to cure the deficiency. Failure by the Developer to cure within the stated time period shall constitute an Event of Default. 10. rrnmpletion of Developer Improvement➢, Developer agrees to complete the Subdivision Items and Developer Improvements on or beforo October 15, 1888. The Completion date as provided herein is subject to Unavoidable Delays as hereinafter defined, in which event the completion date may be extended by the period of such Unavoidable Delays. KuiNsi.rwn: oawt CE600 Page For the purpose of this section, Unavoidable Delays mean delays which are 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 warranted, Developer shall request such extension in writing to the City Engineer and specify the requested length of extension and the reason therefore. The City Engineer shall determine the length of the extension, if any, in his sole but reasonable discretion. 11. Ownership of Imnrovementa. Upon the completion of the Developer Improvements required to be constructed by this Agreement, and the acceptance thereof by the City, the Developer Items lying within the public easements and public right-of-ways as shown on the Subdivision plat shall become City property without further notice or action. Within thirty days thereafter, and before any security as herein required is released, Developer shall supply City with a complete set of reproducible "AS BUILT" and "DEVELOPMENT PLAN" plans in a form acceptable to the City Engineer, without charge to City, which documents shall become the property of City. 12. r1pan U . The Developer shall properly clear any soil, earth, or debris on City -owned property or public right-of-way resulting from construction work by the Developer, its agents, or assigns. 13. Mnintmnnnee o£Roa a Before A y ani. Developer shall, at its expense, prepare any streats located in the Subdivision for snowplowing and other maintenance that Developer wishes City to undertake prior to formal acceptance 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 formal acceptance of the street by City, which damage is caused by Developers failure to properly prepare or maintain the same, Developer shall pay all such damages and shall indemnify and hold City harniless for all such damage, cost, or expense incurred by City with regard thereto, 14. Erosion and Dr i• neo Cnntrol,. 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(8) 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, Choy would be useful and appropriate in controlling KI.Ii1N31.Mia: NW97 CEF Pago6 drainage and erosion. Developer shall promptly comply with such erosion and drainage control plans and with such additional instructions it receives from City. 16. Hold Harmless Agreement. 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 harmless 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 determined at the sole discretion of City, the notice and cure provisions of paragraph 21 shall not apply and City is authorized to undertake any corrective action it deems necessary to prevent or minimize any such flooding and/or damage. In such event, Developer agrees to hold City harmless and indemnify City from claims of all third parties for damages arising out of said corrective action by City, and agrees to reimburse City for all out of pocket expenses incurred by City arising out of the corrective action including, but not limited to, any costs necessary to re -landscape disrupted soils located within the Subdivision. 16. Imuran . A. The Developer will provide and maintain or cause to be maintained at all times during the process of constructing 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, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together 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 the work of any of its subcontractors. Limits for bodily injury or death shall not be less than $600,000.00 for one person and $1,000,000.00 for each occurrence; limits for proyorty damage shall not be less than $200,000.00 for each occurrence. The City, City Engineer and Developers Engineer shall be an additional named insured on said policy. Developer shall file a copy of the insurance coverage with the City upon request. KJ IN31AUR: 64M 5rG Page 7 (ii) Workers compensation insurance, with statutory coverage. 17. Security for Cost of Imrnovements. 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, upon execution of this Agreement, execute and deliver to Builders Mortgage Corporation ("Under") a Note and Mortgage encumbering the property in an amount not leas than $392,050. The proceeds of this loan shall be escrowed by Lender and disbursed only in accordance with the terms and conditions of a certain Disbursement Agreement attached hereto as Exhibit D and incorporated by reference herein. No work shall be commenced under this Agreement until the Note, Mortgage, and Disbursement Agreement has been executed and certified copies filed with City. 18. R aporLihility for Costs. A. The Developer shall pay all costa incurred by it or City in connection with the development of the Subdivision, including but not limited to construction of Developer Improvements, legal, planning, engineering, and inspection expenses incurred in connection with approval and acceptance of the Subdivision plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecting development of the Subdivision. B. The Developer shall pay in full all bills submitted by the City within thirty (30) days after receipt. lfthe bills are not paid on time, the City may halt all plat development work until the bills are paid in full. C. The Developer shall hold the City and its officers and employees harmless 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 officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including reasonable attorneys fees. Provided that nothing herein shall require Developer to indemnil� the City, its officers or employees fram any violation of law or from the consequences of their own negligence. D. The Developer shall reimburse the City for its costs incurred in the enforcement of this Agreement, including engineering and reasonable attorneys fees. IMINALAOW oma sory L Paps8 I& REQUIRED TREE PLANTING The Developer shall be responsible for installation of boulevard tree plantings as required by the city ordinance. Required subdivision trees must have a trunk diameter of at least two inches (2") at one foot W) above ground. Required trees must be protected and supported by approved tree guards. Not less than two (2) or more than three (9) species of trees shall be planted in any block, and neither less than twenty percent (20%) nor more than fifty percent (50%) of the total trees planted in a block may be of the same species. On lots with a single frontage or for corner lots with double frontage on two minor streets, two trees to be planted per street (frontage. Trees must be planted at a location between 4 feet and 10 feet from the curb. The Developer shall take into account the presence of utility systems when establishing the precise location within the stated acceptable range from the curb. In areas where sidewalk is being installed, trees shall be planted between the curb and the sidewalk 4-5 feet behind the curb. On lots with frontage on a minor street and School Boulevard, two trees planted per the requirements in the paragraph above on the minor street frontage and two trees planted in the School Boulevard boulevard at a location determined by the City. The Developer is free to direct builders to plant trees as required under the ordinance and this development agreement; however, the Developer is ultimately responsible for compliance with the tree planting requirement. This expense shall be incorporated into the disbursement agreement. 19. Isolated storm pond vegetation establishment and 8 -year maintenance program. Landscape Easement The Developer shall provide hinds to the City necessary to enable the City to establish low maintenance ground cover for lot areas separated from the major portion of the lot/home site by the presence of storm ponds. This expense shall be based on City cost estimates and shall be paid at the time of execution of the development agreement. KLUNBLAOR: &%W frX.- Pape9 The Developer shall provide a landscape easement across portions of Lots _, which will enable the City to install, establish, and maintain low maintenance ground cover for a period of three years. The landscape easement encoumberiing the affected properties is Identified as Exhibit E. 20. ProhibltinnA Ae inat Aaignmment of A wement. 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: Except only by way of security for, and only for the purpose of obtaining financing necessary 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 under 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, assignment, conveyance, or transfer in any other mode or form of with respect to this Agreement or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of City. 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. 21. Events of Default Donned. The following shall be "Events of Default" under thi s Agreement and the term "events of default" shall mean, whenever it is used in this Agreement (unless the context otherwise provides), any one or more of the following 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, t1ho Developer and Lender. 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 of its creditors, or shall consent to the appointment of a receiver of itself or of the whole or any substantial part of the property. KLEINKAGM GS97 9E jl� Pago 10 C. If the Developer shall file a petition under the federal bankruptcy laws. D. If the Developer is in default under the Mortgage and has 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 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. G. An event of default under the development agreement governing Klein Farms III, Phrase IL shall be construed as an event of default under this agreement. 22. Notice/Remedies on Default_ Whenever any Event of Default occurs, the City shall give written notice of the Event of Default to Developer by United States mail at its last known address. If the Developer fails to cure the Event of Default within fifteen (15) 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 itself 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. Ref iso to issue building permits 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 enjoin continuation of the Event of Default. D. Exercise any and all remedies available to City pursuant to tho Disbursement Agreement, if the Event of Default is the failure of Developer to complete, construct, install or correct the Developer Improvements in accordance with the plans and specifications and this Agreement, City may perform the constriction or work and apply to Lender pursuant to the Disbursement Agreement to reimburse City for KJAN31AGn; GKA7 irgrK Page t1 24. Park Dedilcatinn. The City shall convey to the Developer a quit claim deed for a 16 -acre tract of land In the northwest corner of Klein Farms Ill, phase b which was originally deeded to the City by the Developer as security for potential park cledleation for the entire 16t}aere Klein Farms development and will require that no loose articles ow debris be left on site during or at tare completion of Developer demolition. The Developer shall provide park land with KIANNdl.Mla: 6W 574E L Page 12 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. E. Terminate this Agreement by written notice to Developer at which time all terms 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. 23. Miscellanneou . A. This Agreement shall be binding upon the pairties, 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 of this 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 shall not be a waiver or release. D. Futuro 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 wort required under this Agreement, at the Developers request the City will execute and deliver to Developer a release in recordable form. F. All parties to this Agreement acknowledge they have been represented by counsel and have entered into this Agreement freely and voluntarily. 24. Park Dedilcatinn. The City shall convey to the Developer a quit claim deed for a 16 -acre tract of land In the northwest corner of Klein Farms Ill, phase b which was originally deeded to the City by the Developer as security for potential park cledleation for the entire 16t}aere Klein Farms development and will require that no loose articles ow debris be left on site during or at tare completion of Developer demolition. The Developer shall provide park land with KIANNdl.Mla: 6W 574E L Page 12 the platting of Klein Farms III, phase I, as identifed in the preliminary plat. Following are the Developer responsibilties with regard to the park dedication. The barn and the residence remain the property of the Developer through September 1, 1997. The Developer or his agent have until September 1, 1997, to remove all or portions of the barn or residence. The Developer or his agents shall obtain a demolition permit prior to initiation of demolition activities. The demolition work must be completed within a two-week time span. The demolition permit will require full insurance and bonding requirement. Developer shall maintain insurance on the barn and the residence From June 8 through September 1, 1997. Following are the City responsibilities with regard to the park dedication. The City shall allow the Developer to salvage portions of the home and barn. However, the City is responsible for complete demolition of the home and barn, and the City shall be free to Initiate complete demolition after September 1, 1997. 2. When the plat is executed, the storage building becomes the property of the City. The City will allow the Developer to use the storage building at no charge from the City through October 1998. Detailed terms of the use of the structure shall be identified in the lease agreement which will, at a minimum, Include an insurance and bonding requirement. The City shall be responsible for demolition and grading activities associated with converting the park area from farm use to public recreational use. 25. Access Fess. The Developer agrees that the fees listed below for access to city utility systems are fair and reasonable, and he agrees to allow the City to assess each lot a pro -rata share of the fees listed below. The Developer waives public hearing notice requirements associated with the special assessment process. KLEMLAWL 61897 S;JF t4f Pape 13 C Trunk Storm Sewer - $26,485 (($92,000/132))'34 = $778/lot Trunk Sanitary Sewer - $28,068 ((78 acres • $1,250)/132)•34 = $738/lot) Trunk Water main - $14,03:4 ((78 acres • $625 )/132)•34 = $369/lot) 26. 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 States mail, postage prepaid to the following address: Attm Tony Emmerich 10738 Hanson Boulevard NW Coon Rapids, MN 55433 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 following address: 260 East Broadway PO Bos 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 By: Its: Mayor By: Rick Wolfstellor Its: City Administrator STATE OF MINNESOTA) ) SS. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 1997, by Willim Fair and Rick Woliliteller, the Mayor and City Administrator of the City of Monticello, a Minnesota municipal corporation, on behalf of the corporation. Notary Public KI.BIN81AUM flR:iD'! swtj Page 14 E & K DEVELOPMENT By: Its: President STATE OF MINNESOTA) ) SS. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 1997, by its President, of E & K Development, a Minnesota corporation on behalf of the corporation. Notary Public This Instrument Drafted By: Olson, Usset, Agan & Weingarden 4500 Park Glen Road Suite 310 St. Louis Park, MN 55416 KLRINUAOa: fl4VD7 SEpPopo 1s IM IN FARMS 3RD ADDITION Exhibit B Development Plan Exhibit C Construction Plans and Specifications Exhibits B & C are available and on file at the office of the Monticello City Engineer. WSB & Associates, Inc. 360 Westwood Lake Office 8440 Wayzata Blvd. Minneapolis, MN 55426 KLFINA.AOa; WJ97 sLr P Papa 16 DISBURSEMENT AGREEMENT ELEIN FARMS 3RD ADDITION PHASE I (Exhibit D to Development Agreement) THIS AGREEMENT, is made and entered on June 9, 1997, by and between E & K Development, a Minnesota Corporation ("Developer"), Builders Mortgage ("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 as Klein Farms 3rd Addition, Phase I, ("Subdivision"); WHEREAS, on June 9, 1997, the Developer and the City made and entered into a Development Agreement, a copy of which is attached as Exhibit B, ("Development Agreement") concerning the construction of certain improvements to l the Subdivision as described therein ("Developer Improvements"); WHEREAS, on , 1997, the Developer and the Lender made and entered into a Loan Agreement ("Loan Agreement") wherein the Lender agreed to loan the sum of $ to the Developer for the purpose of constructing the Developer Improvements and other related development costs; WHEREAS, on ,1997, the Developer, as maker executed and delivered to the Lender, as payee, a promissory note in the sum of $ 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 funds under the Loan Agreement. KIXINBUNm WW e7 f1rQ NOW, THEREFORE, in consideration of the mutual covenants herein and Cother good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereby agree as follows: 1. ,Serurit . The City hereby accepts this Disbursement Agreement as Security for the construction of the Developer Improvements under the Development Agreement, including establishment of required tree plantings. 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, ifiA .ion by Private Eriffince . Midwest Engineering & Surveying ("Private Engineer") shall certify in writing to the Developer, the Lender, and City the progress of construction of the Developer Improvements at the conclusion of each stage of construction. Such certification shall set forth the quality of workmanship, 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 of the disbursement necessary to pay for the certified Developer Improvements. 3. Approval by City. After receipt of the certification by the Private Engineer, the City shall give written notice to the Developer and the [under whether the City approves or injects the Developer Improvement relating to such KININ21 Min: ML97 �� Page 2 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 perform its own independent inspection of the Developer Improvements. 4. Digb urs m n s aadlielaiuM. If the City approves a certification of the 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-five percent (95'X) of the sum certified by the Private Engineer for the Developer Improvements. Five percent (b'%) of all certified sums of the Developer Improvements ("Retainage") may be retained until the final inspection by the City. The Retainage shall be disbursed after the City completes its final inspection, accepts all Developer Improvements and Developer provides the necessary Q maintenance bond to City. If the City rejects any item of the 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 Development Agreement shall not require the 5% retainage pursuant to this paragraph. 5. Su pongion or Tnrmingfinn ig C rtifiention by PAyn o F gin er. The City may suspend or terminate 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 termination. Such suspension or termination shall not affect any certification issued by the Private Engineer prior to the receipt of such notice to all parties. Such suspension or termination shall be KI.F:INa1.�Ela; wiwT 6 S Pape 3 fig `l 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 Inspection by the rit v. Pursuant to the Development Agreement, the City Engineer of the City shall make a final inspection 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 f; correction of any construction defects discovered during the final inspection. 7. Default hy Developer. Right to Cum. If the Developer commits an event of default upon its obligations as imposed 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 the Developer notice of the City's intention to terminate the private installation of the Developer Improvements and the City may proceed to lot contracts to complete the Developer Improvements. The cost of said contracts, plus other obligations of the Developer under the Development Agreement, may be drawn from the remaining unadvanced amount of Lender under this Disbursement Agreement. K1X1NAI.IX4h &RN7 ge Or Page In the alternative, upon default by the Developer of its obligations under the CDevelopment Agreement following the above described notice, the City may request the Lender to advance the remaining unadvanced funds under this Disbursement Agreement directly to the City, which funds the City shall hold in escrow for the exclusive purpose of completing the Developer Improvements and satisfying the other obligations of the Developer under the Development Agreement. Upon final completion of the Developer Improvements, the City shall pay any remaining funds to Lender to be applied as a payment on Developer's behalf. The notice of uncured default shall bre signed by the Mayor or the Clerk of the City. Copies of said notices shall also be served on the Lender. In the event City does not recoup its coats in completing the Developer Improvements under the provisions of this paragraph, as an additional remedy, City may, at its option, assess the benefitted property in the manner provided by Minnesota Statutes §429.01 et seq. 8. Terms of AnrAernmu. This Agreement shall expire on June 1, 1998. This Agreement shall automatically be extended for successive six month periods unless Lender gives written notice to the City 30 days prior to any expiration date. If the Lender chooses not to extend the Agreement, and the City desires continued financial security for the Developer's obligations under the Development Agreement, the City may request the Lender disburse to the City the remaining unadvanced amount of this Disbursing Agreement, which funds the City shall hold in escrow for the exclusive purpose of completing the Developer Improvements or other obligations of the Developer under the Development Agreement. Upon final KIAIINs IMI: WFA7 cc U.. Pape 5 completion of the Developer Improvements and satisfaction of the Developer's obligations under the Development Agreement, the City shall pay any re maining 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 131 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: Lender: Builders Mortgage Corporation 403 Jackson Street N. Anoka, MN 66303 Developer: E & K Development 10738 Hanson Blvd. NW / Coon Rapids, MN 66433 ` City: 260 East Broadway PO Bo: 1147 Monticello, MN 66362 Attention: Rick Wolfsteller Such notices shall be deemed to have been given when received by all parties. 11. Onverning Ln . This Agreement shall be governed in all respects by the law of the State of Minnesota. 12. Aasi m n The rights of the City under this Agreement cannot be assigned. 13. Binding Effect. ThiA Agreement shnll inure to and bind the parties hereto and their successors and assigns. KI.EINal.nsa: &VA7 66%1 pap 6 14. No Third PnrtyRights. This Agreement is made for the sole benefit of the parties hereto. No other person shall have any rights or remedies under this Agreement. 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: William Fair Its: Mayor By: Rick Wolfsteller Its: City Administrator E & K DEVELOPMENT By: Its: President BUILDERS MORTGAGE CORPORATION By: Its: KMIN81 IM: ~ 5150 Pips 7 Council Agenda - 6/9/97 v owns Menne (R.W.) For the past few weeks, I have had a number of conversations with the attorney, Mr. Richard Hocking, who represents Bridgeland Development Company. Bridgeland has an option or purchase agreement to acquire the Art Anderson property. Our discussions have been in regard to what the next steps would be regarding the future annexation of his client's parcel. Mr. Hocking is well aware that the City Council had originally passed a motion to deny any urban service boundary adjustments at this time until further information was available on the upgrading of County Road 118. Mr. Hocking was also aware that the Council had voted to reconsider this denial and to agree to meet with the Township to discuss the entire urbanization area rather than considering parcel -specific boundary adjustments at this time. I informed Mr. Hocking that I did not believe the City Council would be in any position to consider his client's particular request until additional meetings had been held with the Township. I strongly suggested that Mr. Hocking and his client simply delay their request until more information could be gathered from the joint City/Cownship meetings. For one reason or another, Mr. Hocking insisted that this item be brought to the Council for reconsideration at this time. Based on your past motion to reconsider the original denial of urban service boundary adjustments, the question concerning the Art Anderson property could be reconsidered by the Council and would be procedurally correct. I am not aware of any additional new information regarding this parcel that would require the Council's immediate action. As such, l would recommend that the Council inform the applicant that no further decisions regarding amendments to the urban service boundary for this parcel or any other parcel will be considered until the Council has had an opportunity to meet with the Township again. M SUPPORTING DATA; 1 Letter from attorney requesting Councilr consideration RICIIAW K. HnCKBVG, P.A. LAW 0FRCES 7770Wfyr 147r11STRUT lhl l!7f1e71t plfl 477-41" (y Alf Lr vALLGY, SAY (6111/])-4011 Y VIA FACSIMILE May 70, 1997 Rick wolfsteller City or Monticello 250 E Broadway Monticello MN 55362 Re: My client, Bridgeland Development Company Art Anderson Property Dear Mr. Molfateller: It is my understanding that the City Council will be meeting with the township again no earlier than June 17, 1997. That meeting may be later, depending upon the availability of the township. Clearly, based upon the significant passage of time, my client is not in a position to continue to await action that may never occur out of that meeting process. As I understand the current process, the City has characterized the request as being land owner generated. As such, I understand that Art Anderson has s formal request for amendment of the urban service area to include his property. The property is already in the orderly annexation area, and I therefore assume that an approval on expansion or the urban service area would presume annexation as the next logical step. I would further undoratand that the request Of Art Anderson is pending. At one point, the City Council voted to approve the request for amendments. I note you made such a statement in your February 18, 1997 memo to the township. At a later date, the City Council voted against amendment of the urban service area. Subsequent to that meeting, there was a resolution that passed that than reconsidered the earlier vote rejecting the amendment. An ouch, proeodursly, the request for amendment is active and awaiting action of the City Council. we would therefore request that you insert onto the City Council agenda for June 9, 1997, the renewed request for amendment to the urban service area to include the Art Anderson property within that area. If my understanding of the current procedural status of thio matter is not correct in any respect, please cont"t me. Also, please confirm that the matter will be placed on the agenda for the meeting of Juno 9, 1997. VaKN our , Rio g Rlui l cke 70+ccl Neal Kraysaniak Council Agenda - 6/9/97 01 � 1 N =1:. A. REFERENCE AND 13A .KGROUND: At the last Council workshop, May 21, as part of the Council review of the 1997 prioritization item reviews, the Council was submitted a draft copy of governing policies that outlined policies the City Council could operate under along with the expectations of City administration and the linkage between the two. In addition to the governing policy statements, the Council was provided with an outline of how a vision statement could be prepared by the Council. It was the consensus of the Council at that workshop that the City staff should review the attributes that the Council had previously presented at workshops and prepare a draft proposal of a vision statement that the City Council could review for acceptance. The draft of the community vision and governing policies enclosed with this agenda has been prepared after reviewing the proposed draft with the Mayor on June 3. If the Council is in concurrence with the proposed governing policies and community vision, the next step would be to distribute the document to the various commission members for review prior to our scheduled June 30 group workshop. Along with the vision statement, the refined prioritization list would also be submitted for the commission members' input as part of the workshop. Based on the input we have received from the workshops, the staff is already beginning to develop a work plan to address the higher prioritization items you have selected. Each prioritization item will be assigned to a staff individual to coordinate and develop a work plan to accomplish the task as soon as possible. It would be our intention to begin using our time and resources immediately upon adoption of the vision, governing policies, and prioritization listings and update the Council on a monthly or quarterly basis as needed. As I previously noted, tho vision statement is a refinement of the Council attributes that you each had noted during a previous workshop as being important for our community and has been refined with discussions from the Mayor. After reviewing the draft version Monday evening, you could take a few weeks to review the vision and governing policies for any changes you would like to propose, and revisions could be made at the June 23 meeting in time to submit the final version to the commission members Cor the joint workshop. If the Council is comfortable with the vision and governing policies as drafted, we can begin preparation of the agenda for the joint meeting prior to the next Council meeting. Council Agenda - 6/9/97 Review and adopt the community vision and governing policies as presented. Review the draft version of the vision and governing policies and table any action for two weeks to allow for additional comments and modifications from the Council. C. STAFF F..O MF.NDATION: While the previous workshops of the Council have been focusing on developing a list of priority items the City and staff need to focus on, it is also important that the Council review and adopt basic governing policies you would like the City to operate under. I think it's important that administration have a clear understanding of its responsibilities and expectations and also that the Council members are aware of general operating procedures that both the staff and the Council should follow. Although you may have additions or modifications you would like to see become part of this governing policy document, I would recommend that the policies be adopted by the Council either Monday night or after further review by June 23. Copy of the vision statement and governing policies. CITY OF MONTICELLO COMMUNITY VISION & GOVERNING POLICIES JUNE 4,1997 DRAFT The Monticello City Council is an elected body representing the citizens, businesses, and other taxpayers within the city of Monticello. As such, it is the intent of the Council to provide representative leadership to the community and direct the resources* of the City toward achievement of an intended vision (goals). Boards and Commissioms serve in an advisory role to the City Council, assisting the Council to make broad decisions and support the City Council by focusing on the details required to accomplish the intended Vision. The EDA/HRA also act as independent political subdivisions working in partnership with the City Council to achieve the shared vision. RESOURCES -- Direct resources of the City include but are not limited to its personnel, budgets, boards, commissions, consultants, machinery, buildings, public works, utilities and other capital improvements. Indirect ntstnuves of the City include its citizens, businesses, community groups (i.e. IDC. MCP. Chamber of Commerce. Rotary, etc.), affiliated governmental agencies (i.e. Wright County, Monticello Schad District. ECFE. Head Stan, WIC, etc.). The following statement of values and related policies are adopted by the City Council for the purpose of providing a foundation for Council leadership and direction to the City Administration. VISION: (A definition of ends not means) These community visions will be the basis for the City Council in making policy to achieve intended results. A. Values and Intended Results •• Aesthetic/lEnvironmental I. The image of our city will be as a friendly, thriving. and proud community that has retained its small town charm and identity. 2. The City will support paced growth and development so as to provide diverse, comfortable urban neighborhoods whi le preserving natural amenities for public use and enjoyment. oovetwa vcv. &497 84 Pepe I 3. The City will support maintenance and reinvestment in existing owner -occupied and rental housing and business properties so as to discourage blight. Blighting influences on existing housing and businesses must be controlled. 4. Our city will have abundant parks and recreational spaces for its citizens. Its streets and neighborhoods should retain a park -like atmosphere that takes advantage of the city's location on the river and our developing pathway system. 5. As "quality begets quality", public facilities and spaces should reflect pride by their construction and maintenance. Monticello should be clean, safe, well forested, and visually inviting. We will support pride in the place we call home. Social/Community I. The City will create and encourage opportunities for people to become involved and connected to their community on all levels (i.e. civic, church, community organizations, government, etc.). 2. We will encourage civic and community organizations that provide welcoming opportunities for people w become actively and cooperatively involved with their neighbors. 3. The City will seek constant renewal through community volunteerism and celebrations that reflect our history, our current accomplishments, and our vision of the future. 4. The City will promote partnerships with other communities and governing agencies to share a broader view of community. 5. The City will strive to gain regional recognition as a desirable place to live and work ("Our kind of place"). Cultural 1. The City will encourage and support frequent and diverse opportunities t, celebrate us a community so citizens may experience the unique and historic aspects of our community culture. 2. Our history and the fine arts, including music and dance, will be promoted and facilitated in Our city. They define who we are and what keeps us here. F.crtntrmic I. The City will adapt and respond to the regional marketplace and direct our resources to stimulate the development of Monticello as a destination community that is self- sustaining and self-sufficient. i 2. The City will take economic advantage of our attractive regional location that provides 1 ready access W transportation systems linking us with larger economic communities. 00vEw19 POV• &"7 iris Pap 2 3. Our support of economic development will be directed toward the creation of jobs that are not just "liveable" but prosperous, stimulate the local econoxny, and capable of supporting our families and community. 4. The City will encourage reinvestment in our community and support, with our resources, the econornicefforts of local businesses. 5. The City will save through dedicated reserves, be prudem in its investments and expenditures, and strive to maintain affordability of services to its citizens. Recreational 1. The City will promote, build upon, and take advantage of our public, private, and natural recreational annenities. We will seek to increase cooperative programming of the community recreatimal facilities (civic, township, county, and school). 2. The City will seek to expand public and private recreational opportunities in the civic core to increase downtown vitality. In providing for accessible recreation, opportunities must be provided for people during normal leisure time. We will provide for evening and weekend opportunities for community activities. 3. The City will maintain and prormme pride in our existing recreational facilities while continuing to develop new recreational uses and facilities which take greater advantage of the river and ourcity/country setting. We will strive to link pathways and trails to recreationaldestinations. 4. The City will promote "user ownership' of recreational facilities through volunteerism such as "Adopt -A -Park". 5. The City will maximize year-round opportunities for organized trod unplanned recreation for families atd persons of all ages. Spiritual I. The City of Momticelto must appreciate ural celebrate the diversity td our faiths while recognizing the oneness of our moral and ethical beliefs, 2. The City will provide places and opportunities for individual reflex -don and tangible demonstration of faith. 3. The City will respect diversity in faiths and facilitate cooperation as make our community a place that protects the vulnerable and helps those in need. 4. In governing our city, officials will uphold the highest moral and ethical standards that reflect the values of our caring, compassionate cummunity. aavErtk3Pev &"7 re.04 Pap Intended Recipients --The intended recipients of our efforts will be: Citizens Taxpayers Businesses The Natural Environment Institutions (schools, churches, hospitals governments, civic groups, etc.) Persons in Need VisihnslTravelers/Transients (freeway traffic, temp. residents, business traffic, etc.) C. Intended Costs The monetary costs of accomplishing these visions/intended results will be reflected in the creation of budgets and capital improvement plans Action plans developed by the City Administrator and City Council will be tested against this Vision to determine priorities for allocatkm of resources rrmoorwm—ILTMIZCIO 111111 Ocra it General Responsibilities -- I. The City Cuncil will annually review a Community Vision for the City of Monticello. This evolving Vision will be the governing foundation for strategic planning. It will provide for the aesthetic/envinmmental, social, cultural, spiritual, recreational. and economic character, vitality and bqowth of the city. 2. In the exercise of the privileges, rights, and obligations of their elected positions, City Council members will uphold the Constitution of the United States, the Constitution of the State of Minnesota, and the City's Comprehensive Plan. Each Council member must act within the law, professionally represent the City, and diminish neither public confidence nor peruonal integrity. 3. The City Council will represent the Community Vision and the interests of the city before those of other governmental ugencics. 4. City Council meetings are to be conducted in an orderly manner. The City Council will ensure that each member of the Council is etuouraged to freely communicate and express opinions. 3. The City Council will ensure open representative local government, maintaining the public trust by respecting and reflecting the reeds and desires of the community at large. F. City Council members must not permit personal conflicts of interest, nor tolerate any apparent or real conflict of interest, that may interfere with the freedom of the Council to carry out representative government. 7. The City Council will define the roles and responsibilities of its boards and commissions, support those roles and responsibilities. and maintain u conununicatiom Cplan to ensure cooperation and maximum utility. OOVEW 9 PCY� "W �� PP Budget/Fiduciary Responsibilities -- I. The City Council must maintain its fiscal resputsibUities and direct resources toward the Community Vision. The Council must prohibit misdirection or waste of municipal resources. Personnel -- I. The City Council and its City Administrator will be provided opportunities for training and personal development directed to the purposes of the City or as related to job performance. 2. Concurrent to adoption of the annual budget, the City Council wit I consider and approve or deny an annual pay plan for city personnel as remmrme nded by the City Administrator. 3. The City Council will consider and approve or deny changes to the organizational structure of the City as recommended by the City Administrator. IIL ADMINISTRATIVE AUTHORITY PO -I IES .- B '1 INDARIES & LIM117117ATIONS FOR THP CITY ADMINISTRATOR, General Respmsibilities •- ( 1. To achieve the Vision. the City Council authorizes the City Administrator to manage the direct resources of the City. 2. The City Administrator is responsible for the effective and efficient use of direct resources provided by the City Council and to develop and maintain productive channels to available indirect resources. 3. The City Administrator will uphold the ordinances and policies of the City of Monticello. 4. The City Administrator must ng tolerate unlawful acts of any kind, by any person. Hudget Iduclary Resptatsibillties — I. The City Administrator must uphold the fiduciary responsibilities of the City. 2. The City Administrator is authorized sole authority to manage and direct/redirect nxmetary resources within the annual budget approved by the City Council. The City Administrator must gain approval from City Council to exacd the annual budget upprowd by City Council. 3. The City Administrator will intake or cause to be made sound investments of municipal funds. 4. The City Administrator shall rut permit waste of City assets and resources. OOVERNa Per: 6447 ore" Page 6 Persunnel -- I. The City Administrator must act in compliance with all federal, state, or local laws as related to the management of personnel resources. 2. Prior to making changes to the organizational structure of the City, the City Administrator must obtain the approval of the City Council. 3. The City Administrator shall be permitted to independently make changes to job descriptions, compensation, terms of compensation, and carry out disciplinary actions with the exception of job termination. Effective and efficient use and management of personnel resources shall be ut the sole discretion of the City Administrator. 4. Though the City Administrator may advise, the ternination of any City employee shall be as provided by Minnesota Law at the sole discretion of the City Council. S. The City Administrator will attempt to retain qualified staff and strive to maintain good employee morale and open cmmmunicati,)ns. Staff will be treated with respect, understanding, and fairness. F. The City Administrator will ensure that employees are provided feedback on and are accountable to clearly-defined performance criteria. 7. Staff will be provided opportunities for training and personal development directed to the purposes of the City or as related to job performance. M. The City Administrator will not allow alienation between staff and City Council. An environment of trust and candor shall exist to support open communication between staff and the Council. u rmuwc I NCO vitilli N caw ., : General Responsibilities -- The City Council will lead the City by goveming according to its Community Vision, Governing policies. and Comprehensive Plan. 2. The Council will not manage City business. City Administration is the responsibility (if the City Administrator. The City Administrator may request the participation of City Council members in certain administrative maters. 3. All items brought to the City Council for update, consideration, recommendation, direction, or action must be brought through the City Administrator, who will present his recommendation(s) to the City Council with appropriate dissenting opinions and views. 4. The City Council will take action with one voice. Individual Council members an not to direct staff. Council instructions to staff will be directed through the City Administrator. aovERM acv. 6x"? IF pop a Budget/Fiduciary Responsibilities -- 1. The City Administrator will provide sufficient information and reports to the City Council to permit the Council to evaluate the allocation of its resources toward accomplishing the intended results. As pan of annual budget development. the City Council will annually evaluate the effectivertess and efficiency of City effims to accomplish the Community Vision. The City Council will redirect its resources as necessary to attain intended results. Measurement and reporting policies will be deterrt»rcd by the City Administrator in cooperation with the City Council. Piersatnel -- The City Council will at lean annually conduct a performance review of the City Administrator and ensure that the City Administrator is provided feedback on and be accountable to clearly-defined performance criteria as established by the Cournil. OOVERN3PCY: &4h9, gG pap Council Agenda - 6/9/97 9. Consideration of a resolution entering into a joint powers agmement mdth NNADOT providing for paMent to the City for design and IngpecUnn fees - Highway 25 1mg1royptnent!r, :e In January 1997, the Council had selected a preferred alternative for relocating the Chelsea Road intersection on Highway 25 and authorized the City Engineer to begin preparation of plans and specifications for the improvement to Highway 25. The engineering approval was contingent upon MN/DOT agreeing to the scope of services, which included the cost for preparing the feasibility report and plan documents and associated time tables. Based on verbal commitments from MN/DOT staff, WSB & Associates has been working on the preparation of plans and specifications, although a formal acceptance by MN/DOT had not yet been received by the City. Recently, MN/DOT had accepted the cost estimate for preparation of the feasibility report and plans and specifications and began preparation of a joint powers agreement that would need to be entered into by the City and MN/DOT. Originally, it was the plan of MN/DOT to have the City hire the consultant, pay for the design fees upfront, and after the awarding of the construction contract, MN/DOT would reimburse the City for engineering fees incurred to date along with sufficient funds to cover the construction cost for the project. There's been a slight change to the proposed joint powers agreement that would now allow the City to invoice MN/DOT immediately for past engineering costs we have incurred and, hereafter, on a monthly basis for the consultant services. This process will save the City the coat of handling the design fee money until the project is let to construction. The resolution authorizing the Mayor and Administrator to enter into the joint powers agreement, which outlines the formal payment reimbursement procedures, is enclosed for Council review. In recent discussions with MN/DOT, there is still some uncertainty as to whether the Highway 25 improvements and the separate loop ramp project will be able to be constructed in 1998 as a package. City staff and MN/DOT officials aro continuing discussions with property owners affected by both the Highway 25 improvement and loop ramp configuration and, hopefully, will be able to resolve any right-of-way issues soon. MN/DOT has indicated that. they may have to wait until 1999 to begin the improvements if all of the right-of-way access closure issues aren't resolved soon with elected property owners. The City, in conjunction with MN/DOT, will need to obtain releases from a number of property owners if current access points aro closed or moved along Highway 25. The City will begin working on this process immediately with the help of our City Attorney, Paul Weingarden, and M Council Agenda • 6/9/97 utilizing the services of a right-of-way consultant. It is still desirable to attempt to do both the Highway 25 and loop ramp projects together, but the possibility exists that they may have to be separate projects to keep things on a reasonable schedule. In addition to the joint powers agreement concerning reimbursement for design and inspection fees, MN/DOT also is requesting the City enter into a joint powers agreement allowing the City to negotiate with property owners for acquiring access rights along Highway 25. This agreement would allow MN/DOT to reimburse the City for any eligible cost we incur in acquiring the necessary closures or access agreements from abutting property owners. 13. I.TERNAT ACTIONS: DECISION 1: 1. Motion to adopt the resolution authorizing the execution of the joint powers agreement between MN/DOT and the City concerning design work and construction inspection reimbursement procedures for the Trunk Highway 25 improvement. Under this alternative, the project can proceed through the design process, and it would allow the City to be reimbursed on a monthly basis for any cost incurred with designing and inspecting this project. DECISION 2: 1. Motion to adopt the resolution authorizing the execution of a joint powers agreement between MN/DOT and the City allowing the City to act on behalf of WDOT in attempting to acquire the necessary right- of-way access agreements with property owners along Highway 26 and allowing MN/DOT to reimburse the City for costs associated with this action. C. STAFF RECO MF.NDATION; It is the recommendation of the City Administrator that tho City enter into both joint powers agreements as outlined. D. Sl1PPORTINO DATA: Copy of resolution; Copy of joint powers agreements. Rd 4� I)Innesots 0eputrnent of Transportation Dlatrlet 3 1991 Industrial Park Road Baxter. MN 56425 June 2, 1997 Mr. Brett Weiss Monticello City Engineer WSB & Associates 350 Westwood Lake Office 8441 Wayzata Blvd. Minneapolis, MN 55426 Dear Mr. Weiss: RE: Joint Powers Agreement No. 76112 City of Monticello S.P. 860540 (TH 25) Consultant Costs for the Design and Construction Inspection For this Project Tel. 2181828-2460 Fax. 2181828.2210 Toll Free: 1/8001657.3971 Enclosed are five copies of a John Powers Agreement providing for payment by Mn/DOT to the City for design work and construction inspection to be performed on TH 25 in the city of Monticello from Kjellberg Trailer Court entrance to 1-94. Please present this agreement to the city council for its approval and execution which includes original signatures of the council's authorized officers and the affixing of the city seal on all copies of the agreement. Please return, as soon as possible to this office, the agreement along with five certified copies of a new resolution (suggested form enclosed) passed by the city council authorizing its officers to sign the agreement on its behalf. The fifth copy of the agreement is for use by the City until a fully executed copy is returned to the City. Sincerely, u 61 Bob Busch District Design Engineer Enclosure: Agreement (5) ( cc: D.L. Raisanen/G.N. Kreutzer - Baxter Gabe Bodoczy - M.S. 680 Bob Miller - Baxter An ottual opportunity c+nAiover Resolution (5) Jim Povich - St. Cloud Patricia Schrader - M.S. 682 Rick Wolfsteller - City of Monticello f& RESOLUTION C CITY OF MONTICELLO C WHEREAS, the State of Minnesota, Department of Transportation, proposes to make improvements to Trunk Highway No. 25 from Kjetlberg Trailer Court entrance to the 1-94 south ramp terminal and on Chelsea Road from Cedar Street to Sandberg Road within the corporate city limits; and WHEREAS, MrvWT does not have the necessary resources to design and construct the proposed project; and WHEREAS, the City has expressed its willingness to manage the design and construction of the proposed project. NOW, THEREFORE, BE IT RESOLVED that the City of Monticello, Minnesota, enter into Agreement No. 76112 with the State of Wmnesota. Departrnetu of Transportation, to provide for the City to manage the design and construction inspection of the proposed Trunk Highway No. 25 improvements, and for MnMOT to reimburse the City for the costs of the design and construction inspection, and the City resolves to amend this agreement to the actual costs of the city's consultant for the design and construction administration in the event those costs are less than those agreed to in the price of this agreement. , Upon completion of the project design, and prior to the contract letting for the construction of the Trunk Highway No. 25 improvements, MnfMT will prepare an agreement to provide for MnIDOT to pay its share of the construction costs of the Trunk Highway No. 25 improvements in accordance with the current "Procedures for Cooperative Construction Projects with Municipalities" (a copy of which has been received by the City). CERTIFICATION 1 hereby certify that the foregoing Resolution is a true and correct copy of the resolution presented to and adopted by the Council of the City of Monticello at a duly authorized meeting thereof held on the day of 1997, as shown by the minutes of said meeting in my possession. City Manager (Signature) (Type or print name) Mir STATE OF NUNNESOTA JOINT POWERS AGREEMENT Accounting Information: Mn/DOT Agreement No. 76112 IA—r T-79 IR -AY— 1997 019891000 00 ITcW Am GfC� 5494,000.00 IAa dCo FW FY: s5o,o00.00 c®°°y cd: 030 07 co ... ft cad. Co.—* cos: o'- Cad` 2D 10 obim cod.: aa;Q, cos: "ate $50,000.00 Amome Ae— Accounting Distribution 1: Faed 270 AIR 209 aw" ° 6631 R -P c1 s — $50,000.00 Proeesrtng tnfermatlont Contract: 41590915-27.971LDM ` Number/DatelEntry Initials Accounting Distribution 2 F—C Appy. a.y cc Aa Accounting Distribution 3: F -C Appy otiss. w�+c4 A- 30943707 14-29-97 / L.DM mour 3094370714-29.97/LDM Nu mber/Date/Signattaes fln&ndaal sWw cn%gm dal Jlurds bane bmt acrnrbaed m nrquirrd by M— Srm § 1" 151 Budget Office: (Authorized Siartature) (Date) THIS JOINT POWERS AGREEMENT (hereinafter'Contract ), which shall be interpreted pursuant to the laws of the State of Minnewta, is by and between the State of Mlanesom through its Commissioner of Transportation (hereinafter 'Mn/D07') and The City of Monticello (hereimfter'CONTRACTOR'). WHEREAS, MWWT and CONTRACTOR are empowered to ear into joint powers agreements pursuant to Minnesota Statutes Section 471.59, subdivision 10; and WHEREAS. Mn/DOT does not have available the necessary and qualified personnel to prepare a preliminary and detailed design and provide construction contract management for improvements T.H. 25 In the city of Monticello (S.P. 8605—W), and WHEREAS, Contractor represents that It is duly qualified and agrees to perform all services NOW, THEREFORE, it is agreed: q V (7/%) lois p1°a'e^ ASm.m DAWDOT Aan—w No.741I2) cep I [. w nTF-q M TW rnKRAr'mR (Any additional attechmem are iicorporated herein and made s part of this contract) SCOPE OF SERVICES Comractor stallperform all services summarized below and described W A-chatent W entitled'Momicello Scope of Service for rhe T.H. 25 improvement project in the City of Monticello (S.P. 8605-40). A. The Com uw shall prepare a preliminary and detail design, consmctbn plans, special provisions, and construction enginecs coat estimate to be used as bid dDamsens for this project B. The Cumtracmr shall prepare all construction related permits C. The C raemr shall provide for oottsavction contract administration and all associated documentation. D. The Connaemr shaU attend all meetings with the public, other agendes and MdDOT as necessary to tally prosemm the design permiaing and construction of this project Contram is uathmined to use itis State Aid listed City Fngineerims rormdont firm, WSB and Associates, to provide hese suvioes. DEUVERABIES Cotmactor d all deliver all items munmariaed below and descnbed in attattimem'A' lormv to be Delivered Due Date A. Construction Plans, Specifiatiom, Special Provisions, November 30, 1997 and Construc&m End aer'a Cent Estimate B. Permits November 30, 1997 1. NPDES Caamvctim Permit 2. COE Section 404 Permit 3. Section 401 Certification 4. Minzesm Wetland Comervatlon Act 1991 5. DNR Proucted Waters Permit C. Comantedon Field Documents January 31, 200D 1. Documemadon as Indicated in the MnMOT Construction Manual 2. PartW and Final Estimates utiliziuug C.A.R.S. 3. Daily and Weekly Diaries 4. As built plum wide final tpuandties Contract snD deliver all items an or before due dates u-1— awborized in writing by the MnOM Technical Project M.•mager. TMWETABLE See Attachment'B' emdded'T.H. 25 MomimW ni 177RC OP M mrtr Mt✓DOT will provide the Iters aummatired below and detailed in Atmcibmeat 'A' A. Dam provided by MMM: 1. All Surveying Dam 2. As built plan sheets for T. H. 25. 3. C.A. R.S. P'ropam for Contractor's use during Conran Adrninistratioo 4. Oeoaechalcal Data 5. Provide layouts. environmental repots. artd SHPO clearatxe 6. NWI maps for the project area (7A0 ldu Poum Ash 04 WIM Asnmr No.76111) hp 2 W, B. Work Mn/DOT will be responsible for include: 1. Provide Plan Reviews 2. Prepare sods letter. 3. Obtain all flag permit approvals. 4. Materials quality assurance aampliog and test reports rnNSMERATIAN ANI] TEAMS nF PAYMENT A. Consideration for all services performed and goods or materials supplied by the CONTRACTOR pursuant to this Contract shall be paid by MnMOT as follows: Com: Will be a Lump Sum of $494.000.00. The total obligadm of MnWT for all compensation ad ndmbtastmmts to CONTRACTOR under this contract shall not exceed Fera Hundred Nmety-Foe Thousand dollars ($494,000.00 I B. Term of Bvj= m Payment shall be made by Mn/DOT promptly after CONTRACTOR'S presentation of invoices for saviors performed ad acceptance of such services by MWDOT's Authorized Representative pursuant to Clause VQ. Invoices shall be submitted in a form prescribed by MWDOT and according to the following schedule. Payment by a monthly pmtial payment based an percentage of completion. FV. MNmmnNS nR PAYMENT AD saviors provided by CONTRACTOR pursuant to this contract shall be perfamcd to the satisfrcdon of MwWT, as detammed at the sole disae ion of its Authorized Representative, and in accord with all applicable Waal, stare, and local laws, crdins a mks and regulations. CONTRACTOR shall not receive payment for work found by MmMOT to be umadsfactory, or performed in violmion of federal state or Weal law, ordinanu, rile or regulotioa 0 V. TERM nF rnNTRArT This Contract shall be effective on May 1, 1996, or upon such date as it N approved and ettearted by the appropHate CONT'RACT'OR. Mn/DOT and state officials, whichever occas later, and shall remain In effect until June 30, 2000, or until all obligations set forth in this Catu act have been satisfactorily fWfiDed, whichever occurs first. VI. r4NM I ATIAN This Contract maybe canceled by M -MOT at any time, with or without cause, upon thirty (30) days written notice to the other parry. In the event of such a eaxelladon the CONTRACTOR shall be entitled to payment, determined on a pro rata buds. for work or services saddhctorfly performed. VB. A111140RIZI-MRI PRESEN t'ATtvE MdDOT's Authorized Representadves for the purposes of admidswdon of this Contract are Robert Busch, Technical Project Manager and Joseph Tummere. Associate Agreement Administrator. The CONTRACTOR's Authorized Representative for the purposes of administration of this Contract is Rick Wolhatler, City Administrator. Mn/DOT's Authorized Representatives shall have final authority for acceptano of CONTRACTOR'S services. If such services are accepted as satisfactory, stub so certify on each invoice submitted pursuant to Clause U. paragraph B. Von. ASSIGhtadFhQ CONTRACTOR shall neither assign nor transfer any rights or obligations under this Contract without the prior written approval of Mn/DOT. IX.� LIARIIJDC CONTRACTOR shall i den diy, save, and hold MWDOT. Its agents, and employees harmless from any and all claims or causes of action arising fFom the performance of this Contract by the CONTRACTOR, or the CONTRACTOR's agents or employees. This clause shall not be eorntrued to bar say legal remedies the CONTRACTOR my have for Mn/DOT'a fh um to fWfill Its obligations pure am to this Contract. MwDOT's liability dull be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section 3.376, and other applicable law. (7m) rd. town AP85=0 ()•&root AV W=W No.7a111) M ) 9E ��. AhdENDIAMNIM Ally ameadn am to this Contract sball be in writing, and shall be executed by the same parties who executed the original Contract, or their successors in office. / /: _Ms r /'.1.17: VIII' • . ■:r "I 61 Q w M;1M M Vog/ 0:1:191=01 r A. CONTRACTOR dan comply with the Whaneson Data practices Act as it applies to all dam provided by me MwMOT in aceada= with this Contract and as it Wiles to all dam created, gathered, generated or acquired in accordance with this Coaaaet Upon payment In ftdl for me applicable materials, Mn/DOT shall own all rights, including all Intellectual property right% in all odgioal matemis, indud'ur8 any inventions, reports. uWies. 6esigns, drawings, Wdfimdm. row, documents, software and , N.,.. _. .: _. , computer based training modules, etectrwically a magnetically recotiled material, and other wort in whatever form developed or creased by CONTRACTOR, and its employees individually or Jointly with otters, army subcontractor In the performance of int ohliptions under thisContact 7(B, WATF AItnrrc The books, reatds, dommeam, and accounting procefiues and practices of CONTRACTOR relenat to this Contract shall be subject te examination by Mn/DOrs auditor, and the strte or legislative auditor, as appropriate. xia. WORK R.S' COMPENSATION In doom dmrx with Minnesota Statutes Section 176.182, as eaaeted, CONTRACTOR shall provide acceptable evidence of ampGmoe with the workers' compeasattm msw=c coverage requirement of Minnesota Statim Soctim 176.181, subdivisim 2, as emoted prior to commencement of my daties to be performed under this coram xv. E118L1CIDC Any publicity Oven o the program, pAlicatiom, or services provided resulting from this Contract, lactudlog. but not limited to, nod , informational Pamphlets. Press relearw. research. reports. signs. and similar public codecs Prepared by or fbr CONTRACTOR or Its employees InWvWWly or jointly with amerce, or any subcontracmrs shall Identify MmMOT as the sponsoriag agency and shall not be released, unless arch release is a specific pan of an approved work plan Included in this Contract print to Is apptoval by MWMOT's Authorized Represemadve. )(y, MaM PROVISIONS Key perwmoel for this projeM are: The Stade Aid listed City's Pngioeering Consultam, WSB and Associates, Principal in Charge B. A. Min-Isteadt P.E. Project Engimer/Maaager Ronald B. Bray, P.E. Design/Comauedon Project MIamger Donald W. Sterna, P.E. It far my reason arbstiamaD of a key paaoa becomes necessary, CONTRACTOR shall provide advance written ootiilution of the wbstitiAim to MwDOTs A wined Agent Such wriGm rmti4eatice shall 'include the proposed acarsora Dame and a rest= of his/her quddlcadtos. MdDOTs Authorized Agent doll have the right to approve or rcpa the proposed successor. (7196) Ids ab.ea/ M� O&WD W Mumu 0105112) the 1 9F cI WITNESS WHEREOF, the paha Gave mused dd3 Co=M m be duly =sated lammi m be bound dt=by. CONTRACTOR DEPARTMENT OF TRANSPORTATION By: By: Tide: Tide: Dane: Dara: By - App roved as to Form and Emma^ m Tule: Date: Assismot Attorney Geae:al Date: I C DEPARTMENT OF AM MS1RAMON By: Date: Ono Salt Pawn Aprmr 01W= Aprsr W.76112) hp e 9G 11 Accounting Information: I"a°`r T-79 ITOW AMOM eace.a.ec ICeema®q Cdr. I0boacoft IA� (Accounting Distribution I IF®C IA.r. I°'`'°a; I -P C,W / JAI—: ` romsinelnformation: Contract: Mn/DOT Agreement No, STATE OF NQNNESOTA JOINT POWERS AGREEMENT IFaar Year. I vamv Nmhy. An—W of Cd Nan Firm FY: C—.dq Caere: C --.&Ty Cd,: Ot,xu Cas: A� MOO Cd,: Am : Accounting Distribution 2: Accountira-Distribazir—i ): F -d: Fm W: A. AW. O,{SW ORSdr: R.P. C -W Alm : Rep 6,r: Amour: Number/Date/Entry Initials Order: Number/Date/Signatures /Individual signing cnri4admJhnbha brrn excumbemd ar rpuirrdel,uinn Srat f 16411/ Budget Office: (Authorized Signature) THIS AGREEMENT is entered into by and between the State of Minnesota through its Commissioner of Transportation, (hereinafler "Mn/DCr) and the City of Monticello through its City Council (hereinafter"CITY"). WHEREAS, Mn/DOT and the CITY are empowered to enter into Joint Powers agreements pursuant to Minnesota Statutes Section 471.5 9, subdivision 10 (1996); and WHEREAS, Mn/DOT, pursuant to Minnesota Statutes Section 161.20 (1996), has determined th nt it is necessary to construct highway improvements on Trunk Highway 25 from Interstate 94 to the south corporate limits in the City of Monticello (hereinafter "Project"); and WHEREAS, Mn/DOT has scheduled this highway Project for a proposed 1998 Irving and requires the CITY's assistance to meet this letting date; and Oft) Jer.ft aArommr (waorAfflinueaW t hr I 9#- WHEREAS, Mn/DOT, in conjunction with the CITY has determined that it is in the best interest of MWDOT and the CITY to construct the highway improvement Project; and WHEREAS, Mn/DOT, in conjunction with the CITY, has further determined that the CITY will acquire private perry needed to construct the highway improvement Project. NOW, THEREFORE, in consideration of the mutual benefits and obligations set forth herein, the parties agree as follows: 1. DUTIES OF rM 1.1 The CITY shall obtain Mn/DOT's approval for the private property needed for acquisition purposes. 1.2 The CITY shall initiate and carry to completion the acquisition through direct purchase of private property needed to construct the Project. The CITY shall perforin real estate work tasks necessary to acquire needed property including, but not limited to, title work, field title work, appraisal, appraisal review, surveying, and legal description. 1.3 The CITY shall reasonably attempt to acquire the private property by direct purchase. The title for all property shall be acquired in fee simple absolute and shall be acquired in the name of the City of Monticello. 1.4 The CITY shall document and obtain Mn/DOT approval prior to all direct purchase administrative settlements. 1.5 The CITY shall use appraisers that are included on MmIDOT's certified list of licensed appraisers. Mn/DOT / shall furnish an up-to-date list prior to the CITY initiating property acquisition activities. l 1.6 The CITY shall convey to Mn/DOT title in fee simple or such lesser title as Mn/DOT in its sole discretion requires for the highway improvement Project. 2. DUTIES OF MN/DOT 2.1 Mn/DOT shall provide the CITY with such engineering assistance as may reasonably be required during the acquisition process. 2.2 Mn/DOT shall review and certify all appraisals completed by the CITY prior to all offers bring made by the CITY to the private property owners. 2.3 Mn/DOT shall review all property surveying and legal descriptions prepared by the CITY. 2.4 Mn/DOT shall provide relocation assistance as may be necessary to complete the project under the Agreement in accordance with the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, and any amendments thereto. t71%> +W F+ Artwo (WIM AramM U. ) tap t 9z 3.1 Consideration to be made by Mn/DOT to the CITY for property and all services provided pursuant to this Agreement shall not exceed S300,000. 3.2 Subject to paragraph 3. 1, consideration for all services performed and goods or materials supplied by or through the CITY pursuant to this Agreement, shall be paid by Mn/DOT as follows: Subject to paragraphs 3.1 and 3.3, Mn/DOT shall reimburse the CITY for its costs occasioned by the duties undertaken by the CITY pursuant to completion of the property acquisition and transfer to the State of Minnesota as set forth in this Agreement. Reimbursement shall be made upon the basis of actual costs to the CITY, and paid for by the CITY. 3.3 Reimbursement Requirements and Limitations. The CITY shall be reimbursed only for acquisition work, goods, materials, and services which meet federal standards under 23 and 49 Code of Federal Regulations. These codes recite standards h1n/DOT must meet for federal participation/reimbursement in highway projects and will serve as the standards for Mn/DOT reimbursement to the CITY. 3.4 Terms of Payment. Payment shall be made by Mn/DOT within 30 days after the CITY has presented an invoice for services performed and goods or materials supplied. This Agreement shad be effective from the date of final execution and approval by Mn/DOT, the CITY and state officials and shall remain in effect until June 30, 2001, or until all obligations set forth in this Agreement have been / satisfactorily fulfilled, whichever occurs first. This Agreement may be terminated by the CITY or Mn/DOT at any time, with or without cause, upon thirty (30) days' written notice to the other party. In the event of such a termination. CITY shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. MENEFTWUSM. 6.1 The CITY's Authorized Agent for the purposes of administration of this Agreement is 6.2 Mn/DOT's Authorized Agent for the purposes of administration of this Agreement is Robert R. Ehrich, Real Estate Representative Senior. 6.3 Each Authorized Agent shall have final authority for acceptance of services of the other party and shall have responsibility to insure that all payments due to the other party are paid pursuant to the terns of this Agreement. (7,W kW P� Aoaua Ob6WT Asr— Na ) hV I I Neither the CITY nor MnIDOT shall assign or transfer any rights or obligations under this Agreement without the Cprior written approval of the other party. 8. LIAI}II-ITY Each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Mn/DOT and the CITY's liability shall be governed by the provisions of the Muutesota Tort Claims Act, Nfrnnesota Statutes, Section 3.736, and Minnesota Statutes Chapter 466 (1994). . pit X11 ulZYIK Any amendments to this Agreement shall be in writing, and shall be executed by the same parties who executed the original Agreement, or their successors in office. The CITY shall not knowingly assign work hereunder to any personnel having present or contemplated future personal interest in properties on which real estate tasks are performed under this Agreement. l� Yr In compliance with Minnesota Statutes Section 1613.06 subd. 4 (1994), the books, records, documents, and accounting procedures and practices of NIWDOT and the CITY relevant to this Agreement shall be subject to examination by either party and the State or Legislative Auditor, as appropriate. MINEWITWN MT Q . 8 .mi'l;Ir „ r 12.1 Data Practices: Mn/DOT and the CITY shall comply with the Minnesota Data Practices Act, Minnesota Starnes Chapter 13 (1994), as it applies to all data created, gathered, generated or acquired in accordance with this Agreement. 12.2 Ownership of Materials: Mn/DOT, at NUMOT's discretion, may keep and use copies of such materials produced as a result of this Agreement, as is necessary for records retention or use in further real estate work. (7)%1 JDW Fb AWGMM pe WT Astir No ) Pap _ qK IN WITNESS WHEREOF, the parties agree to be bound. CITY OF By: Mayor Date: By: Clerk Date: Approved as to form and execution: By: City Attorney Date: DEPARTMENT OF TRANSPORTATION By: Director, Office of Land Management Date: By: Assistant Attorney General Date: DEPARTMENT OF ADMINISTRATION By: Date: C ATE OF MINNESOTA ) )Is. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 19_, by and , the and the of the City of Monticello, a municipal corporation under the laws of the State of Minnesota, on behalf of the municipal corporation. NOTARY PUBLIC My Commission Expires: C7A0 hW Pee A feat PWXrr Nes Pb. ) Pap r qL JUN. -09' 971MON) 16:17 OLSON/USSET P. A. TEL:612 925 W9 P.002 (( OLSON, USSET & WEINGARDEN P.L.L.P. ATTMVM AT IAW sum 710 6500 PAU GUN ROAD DAVM 1 Ussur CERRA BA= MOM" B. OL SON- TWOUPM. (612) 925-fiM m[ PORT X VENM B DALE/ FAX (617) n$-" MMLY OL SW qCMA C O Bal er6wr 6poddim BOMPU TRCN '3 Ma91A Cwi66"Tdd 6PWa ■ X3W= OFF= TaErnme (M Z-5010 o,aF=no. 7975 June 9, 1997 Via Facsimile Rick Wolfateller City of Monticello 250 East Broadway Monticello, MN 55362 Re: Joint Powers Agreement with Mn/DOT Dear Rick: I have reviewed the two agreements with the Minnesota Department of Transportation. As to the first agreement which discusses the City's authority to negotiate for direct purchases of private property, I have very few concerns. Thie agreement ie only an agreement to enter into direct purchases and all purchaee 0 agreements must be approved by Mn/DOT. Moreover, if for some reason you are in danger of exceeding the $300,000.00 amount authorized by the agreement, either the City or Mn/DOT can refuse to proceed further and terminate the agreement without cause upon 30 days notice. The paragraph on liability is sufficient as to your duties in the direct purchase area. However, I do have specific concerns relating to claims that may be brought against the City resulting from the future acquisition of property b eminent domain and/or claimo baeod on the design of the pro cot. These concerns will be addressed in the second agreement. The second joint powers agreement relates to the construction and design of the highwayproiect itself. My specific concern is related to paragraph which which states that the City will indemnify Mn/DOT from any ane all eiaime or caueee of My concern in this regard is that since the City is performing services pursuant to Mn/DOT's specific instructions as to design, if the ppreject as implemented results in allegationa Of damages due to lack of access taking or inverse condemnation, a fair reading of this contract Is to require the City to indemnify the State from any and all such claims. This Is totally unacceptable. I would recommend the following paragraph be inserted in both the first and second contracts so that there in no �l micunderetanding as to the parties intent, JUN. -09' 97 (NON) 16:17 OLSON/USSET K A. TEL:612 925 5879 P. 003 ` June 9, 1997 Page 2 "It is agreed by and between the parties herein that Mn/DOT shall indemnify, save, and hold the City of Monticello ("City) harmless and shall defend the City from any and all claims or causes of action alleging a taking and/or proceeding in inverse condeanation or other similar allegations at law or equity arising from the design and Implementation of the project. In the event of any such claim or action, any and all damages, award-, attorne]►I fees and coats incurred shall be the sole responsibility of I4s/DOT." techniccalther issuee of whetcern hortorgnot the Yrroopooeedgservicesican be performed for the eum of $494,000.00, irrespective of the possibility of unforimean circumstances. If the City Engineer is certain that performance for this amount is feasible, I am satisfied. If there is any question whatsoever, however, I recommend that paragraph VI be amended to authorize that the contract may be cancelled by the City within the same time frame as Hn/DOT either with or without cause. With these caveats, I am willing to recommend the execution, of the contracts. If you have any questions regarding the / within, please advise. PAWalld F9 BRC FINANCIAL SYSTEM 75/30/97 09:08:46 C Reoort Selection: CITY OF MONTICELLO Schedule of Bille GLOSOS—VO4.30 COVERPAGE GL540R RUN GROUP... D058 COMMENT... MAY 30 CKS DATA—JE—ID DATA COMMENT D-05291997-058 5/29 CHECKS Run Instructions: Jobo Sinner Copies Fon Printer Hold Specs LPI Lines CPI J 01 SCED T S 6 066 10 \1 C O BRC FINANCIAL SYSTEM 05/30/97 09:06:53 Schedule of Bills VENDOR NAME DESCRIPTION A110UN7 ACCOUNT NAME FUND 6 ACCOUNT A T 6 T WIRELESS SERVICE RICK'S CELL PHONE 11.21 TELEPHONE 101.4 1301.3210 JEFF'S CELL PHONE 116.41 TELEPHONE tOL41910.3210 GARY'S CELL PHONE 25.52 TELEPHONE 101.4 2401.3210 153.14 -VENDOR TOTAL ASSOC OF RECORDS MGRS/TH DUES -KAREN 150.00 DUES, MEMBERSHIP 6 SUBSC 101.41301.4330 BARNES/KIM TRAVEL EXP -KIM 51.75 TRAVEL EXPENSE 101.11990.3310 BELLBOY CORPORATION GEN OR SUPPLIES 110.80 MISC OPERATING SUPPLIES 609.49754.2199 FREIGHT 17.98 FREIGHT 609. 49750.3330 MISC TAXABLE 243.10 RISC TAXABLE 609.49750.2540 MISC NON TAXABLE 36.00 MISC NON TAXABLE 609.49150.2550 112.83 -VENDOR TOTAL BERLIN TIRE CENTERS, INC 7]RES.SERVICE. SUPPLIES 5,787.27 EOUIPMENT REPAIR PARTS 101 .43120.221D BERNICK'S PEPSI COLA COM POP 122.25 MISC TAXABLE 609.19750.2510 BOE-SCHWART2/MARY REFUND 9317 COUNTRY LANE 250.00 ESCROWS - COND OCCUPANCY 101.22013 BROCK WHITE ACTUATOR,VALVE.BELT 611.41 EOUI PRENT REPAIR PARTS 101.4 3120.2210 CELLULAR 2000 OF ST CLOU TOM BOSE 20.32 TELEPHONE 101.4 3115.3210 FIRE DEPT 3.74 TELEPHONE 101.42201.3210 GARY ANDERSON 205.52 TELEPHONE 101.42401.3210 MATT THEISEN 13.31 TELEPHONE 601.4 9440.3210 262.92 -VENDOR TOTAL CENTURY LABS WIPES 99.79 MISC OPERATING SUPPLIES 101.43120.I199 DAHLMEINER DISTRIBUTING BEER 4,331.05 BEER 609.19150.1520 NON ALCOHOLIC BEER 656.20 MISC TAXABLE 609.49750.2540 4,990.05 •VENOOA TOTAL DAY DISTRIBUTING COMPANY BEER 113.90 CEER 609.19150.1520 CITY OF MONTICELLO GLS40R-VO4.30 PAGE I CL41PI INVOICE POI F/P ID LINE 058 00011 058 00012 058 00013 92320 058 00005 JAN -MAY 16 050 00010 058 00010 056 00071 058 00072 058 00073 5535500 72634 940001 058 00026 058 00027 050 00016 058 00033 058 00055 058 00056 058 00057 058 ODOSB 157012 056 00011 058 00076 058 00011 0: SIO BRC FINANCIAL SYSTEM CITY OF MONIICELLO 05/3D/97 09:OB:53 Schedule of Bills GL54OR40/.30 PAGE 2 JENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND 6 ACCOUNT CLAIM INVOICE PDX F/P ID LINE DICK WHOLESALE CO., INC. BEER 766.70 BEER 509.49750.2520 058 00078 SUPPLIES -LIQUOR 62.30 LIOUOR STORE SUPPLIES 609.49754.2140 058 00079 829.00 -VENDOR TOTAL EHLERS 6 ASSOC, INC PUBLI MTR DISCUSSIONS 26.25 MISC PROFESSIONAL SERVIC 213.46301.3199 058 00037 FEEDRITE CONTROLS, INC. CHEMICALS 40.00 CHEMICAL PRODUCTS 601.49110.2160 ON 4088 050 00021 T -POTABLE WATER 12.00 RISC PROFESSIONAL SERVIC 601.49110.3199 13697 058 00019 T -POTABLE NATER 12.00 RISC PROFESSIONAL SERVIC 601.49110.3199 13995 056 00020 T -POTABLE NATER 12.00 RISC PROFESSIONAL SERVIC 601.49440.3199 11999 058 00022 T -POTABLE MATER 12.00 RISC PROFESSIONAL SERVIC 601.49110.3199 15604 058 00023 88.00 -VENDOR TOTAL GLYNN/JOHN TEAM R.A.M.P. 250.00 RISC OPERATING SUPPLIES 101.45201.2199 058 OOODI GRIGGS, COOPER 6 COMPANY FREIGHT 43.00 FREIGHT 609.49750.3330 058 00083 LIQUOR 2,096.18 LIOUOR 609.49750.2510 058 00084 NINE 296.95 WINE 609.19750.2530 058 00085 MISC TAXABLE 60.13 RISC TAXABLE 609.49750.2510 058 00086 2,504.26 'VENDOR TOTAL GROSSLEIN BEVERAGE INC. BEER 7,110.50 BEER 609.49750.2520 131636,131929 058 00081 MISC TAXABLE 39.75 RISC TAXABLE 509.49750.2540 131637 050 00012 7,150.25 'VENDOR TOTAL HEART OF THE LAKES CDNST (1) TREES 500.00 ESCROWS - CO,VD OCCUPANCY 101.22013 058 00065 HOME JUICE MISC NOW TAX -LIQUOR 46.05 RISC NON TAXABLE 601.40750.2550 80492 058 00030 JACOBSON/DIANE TAPE,OARBAGE BAGS 10.73 RISC OFFICE SUPPLIES 101.41990.2009 058 00030 TRAVEL EXP-DIAWE 57.80 TRAVEL EXPENSE 101.41990.3310 JAN -5/16 051 00031 51.53 'VENDOR TOTAL JOHNSON BROS WHOLESALE L FREIGHT 67.50 FREIGHT 609.49750.3330 050 00001 LIGUOR 1.899.05 LIQUOR 609.41750.2510 051 00011 MINE 2,613.40 WINE 609.19150.2530 051 00011 1,651.95 'VENDOR TOTAL .ENNEDY 6 GRAVEN REDEVELOPMENI-GEN 113.90 PROF SRV - LEGAL FEES 211.46301.1010 051 0001 8RC FINANCIAL SYSTEM CITY OF MONTICELLO 05/30/97 09:08:53 Sc*dule of Bills GL510R-V01.30 PAGE 3 VENDOR NAME - DESCRIPTION AMOUNT ACCOUNT NAME FUND 6 ACCOUNT CLAIM INVOICE PDX F/P ID LINE KENNEDY 6 GRAVEN FAY MAR EXPANSION 175.00 PROF SRV - LEGAL FEES 213.46517.3040 T IF 117 058 00035 PRAIRIE NEST 222.10 PROF SRV • LEGAL FEES 213.46520.3040 TIF 120 058 00034 511.00 -VENDOR TOTAL LITTLE MOUNTAIN FLOWERS BURLINGTON FAMILY 40.70 RISC OTHER EXPENSE 101.42401./399 46721 058 00024 KN COMMERCE DEPARTMENT NOTARY APPLICATION -SUE 40.00 MISC OTHER EXPENSE 101.11910.4399 058 00008 RN FIRE SERVICE CERT BOA FIREMAN CERTIFICATIONS 290.00 DUES, MEMRERSHIP i SUBSC 101.42201.4330 058 00094 MONTICELLO TIRES NEOOING DIR 6 NEWCIIERS 111.15 ADVERIISIC. 609 . 4 9754 . 34 99 16210616404 058 00010 NATIONAL AUTOMOBILE DEAL OLD CAR APPRAISAL GUIDE 55.00 DUES. MEMBERSHIP i SUBSC 101.41990.4330 056 00009 NORTHERN STATES POWER CO WATER 2.561.93 ELECTRIC 601.49140.3810 058 00042 SEWER 153.69 ELECTRIC 602.49490.3810 0 1043 STREET LIGHTS 656.78 ELECTRIC 101.43150.3810 059 O0044 DED REG 66.03 ELECTRIC 101 .41990.3810 051 00045 PARKS 804.16 ELECTRIC IDI .45201.3810 058 00046 CIVIL DEFENSE 9.42 ELECTRIC 101.12501.3810 OSI 00011 SHOP/GARAGE 417.00 ELECTRIC 101 .43127.3010 058 00048 FIRE DEPT 221.73 ELECTRIC 101.42201.3810 058 00049 LIBRARY 311.23 ELECTRIC 211.45501.3810 058 00050 CITY HALL 755.83 ELECTRIC 101.41940.3110 OSI 00051 LIOUOP STORE 990.61 ELECTRIC 609.49154.3810 058 00052 6.951.13 -VENDDR TOTAL NORTHWEST AM CONSULTA PROF SERVICES 5,600.11 RISC PROFESSIONAL SERVIC 101.41910.3199 051 00004 O.E.I. BUSINESS FORMS COPY PAPER -CITY HALL 160.28 DUPLICATIN3 6 COPY SUPPL 101.41301.2020 3.112043 051 00006 O'NEILL/JEFF TRAVEL -JEFF 106.39 TRAVEL EXPENSE 101.11910.3310 7HRD1f,H 1/97 051 00002 CELL PHONE 71.63 TELEPHONE 101.41910.3210 THROUGH 4/91 051 O00O3 191.02 -VLNDOR 1014 PHILLIPS WINE 6 SPIRITS FREIGHT 11.50 FREIGHT 609.49150.3330 21112 3 .209124 059 00090 LIOUOR 419.05 LIOLIOR 609.19150.2510 291323,219321 0' '9091 NINE 977.04 WINE 609.49750.2530 211123,219124 0....)092 MISC TAX 95.00 MISC TA]uBLE 609.19150.2510 211123,299321 051 00093 1,522.59 -VENDOR TOTAL 6RC FINANCIAL SYSTEM CITY OF RONTICELLO 05/30/97 09:08:53 Schedule of Bills GL51OR-VO4.30 PAGE 4 VENDOR NAME DESCRIPTION AMOUNT ACCOUNT HARE FUND 6 ACCOUNT CLAIM INVOICE PO! F/P 10 LINE PINNACLE DISTRIBUTING LIOUOR MISC 363.95 RISC TAXABLE 5 09 . 4 9 750 . 254 0 964211 058 00031 FREIGHT-LIOUOR 6.60 FREIGHT 609.49750.3330 964211 058 00032 370.55 -VENDOR TOTAL PIPELINE SUPPLY, INC. TRUCK RACK -TOME ROSE 46.29 VEHICLE REPAIR PARTS 101.43115.2211 51167867.001 058 00025 DUALITY MINE 6 SPIRITS C NINE CREDIT 51.95CR MINE 609.49750.2530 058 00067 LIOUOR 1.677.51 LIOUOR 609.49750.2510 058 00068 BEER 23.95 BEER 509.49750.2520 058 00069 1,649.51 -VENDOR TOTAL RELIABLE CORPORATION/THE DED REG 143.78 RISC OFFICE SUPPLIES 101.41990.2099 058 00015 CITY HALL 45.06 RISC OPERATING SUPPLIES 101.41940.2199 058 00016 188.84 -VENDOR TOTAL S i- MOLD (2) TREES 250.00 ESCROWS - COND OCCUPANCY 101.22013 058 00066 ,NPSON/CYNTHIA FIRE HALL CLEANING 50.00 PROF SRV - CUSTODIAL 101.42201.3110 RAY 058 00017 SPECTRUM SUPPLY CO. GLOVES 21.48 CLOTHING SUPPLIES 601.49440.2'11 57965 058 00053 GLOVES 21.48 CLOTHING SUPPLIES 602.A9490.2111 57965 056 00054 42.96 'VENDOR TOTAL ST. CLOUD RESTAURANT SUP LIOUOR SUPPLIES 185.48 LIOUOR STORE SUPPLIES 609.49754.2140 359881,360677 058 00028 LIQUOR OP SUPPLIES 30.04 RISC OPERATING SUPPLIES 609.A9754.2199 359881,360611 058 00029 215.52 'VENDOR TOTAL SURPLUS SERVICES 400 GAL TANK TRAILER 250.00 RISC OPERATING SUPPLIES 101.43120.2199 701402 058 00007 THORPE OISTRIBUIING COMP BEER 6.721.50 BEER 609.49150.2520 056 00074 MISC TAXABLE 119.00 RISC TAXABLE 609.19150.2540 OSB 00075 6,041.30 -VENDOR TOTAL U S LINK LIOVOR STORE 9.34 TELEPHONE 609.49754.3210 OSB 00060 ANTRAL SHELTER 5.70 TELEN40NE 101.42101.3210 056 00061 PN-MAINT 41.77 TELEPHONE 101.43110.3210 058 00D52 ( CITY HALL 16.97 TELEPHONE 101.11301.3:10 058 00063 73.70 'VENDOR T0TAL GRC FINANCIAL SYSTEM CITY OF MONTICELLO CS/30/91 09:08:53 Schedule of Bills GL54 OR-Y04.30 PAGE 5 VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND b ACCOUNT CLAIR INVOICE POI F/P ID LINE US WEST DIRECTORY ADVERT YELLOW PAGES 30.40 ADVERTISING 609.49154.3499 31106410 00 058 00059 VALUE PLUS HOMES (341 TREES 4.250.00 ESCROWS - COND OCCUPANCY 101.22013 058 00064 NSB & ASSOCIATES, INC. 25/CHELSEA RD PROJECT 24,585.25 PROF SRV - ENGINEERING F 450.49101.3030 SEPT-MARCH 058 OOD41 0 BRC FINANCIAL SYSTEM 05/30/97 09:06:53 ScNeEule of Bills •ENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAVE FUND 6 ACCOUNT REPORT TOTALS: 03,755.33 RECORDS PRINTED - 000091 CITY OF MONTICELLO GLS40R-VOA.30 PAGE 6 CLAIM INVOICE P03 F/P ID LINE BRC FINANCIAL SYSTEM 05/30/97 09:09:31 Schedule of Bills FUND RECAP: FUND DESCRIPTION DISBURSEMENTS 101 GENERAL FUND 22,681.12 211 LIBRARY FUND 341.23 213 HRA FUND 537.25 450 96-04C HWY25/NNDOT 1MPR 24,586.25 601 WATER FUND 2,704.75 602 SEWER FUND 175.17 609 MUNICIPAL LIOUOR FUND 32,729.56 TOTAL ALL FUNDS 83,755.33 BANK RECAP: BANK NAME ---- ---------------------------- DISBURSEMENTS GENL GENERAL CHECKING 51,025.77 LIOR LIQUOR CHECKING 32,T29.56 TOTAL ALL BANKS 63,755.33 THE PRECEDING LIST OF BILLS PAYABLE WAS REVIEWED AND APPROVED FOR PAYMENT. DATE ............ APPROVED BY ................................. CITY OF MONTICELLO GLO605-VOA.30 RECAPPAGE GL540R F BFC FINANCIAL SYSTEM CITY OF MONTICELLO 06/05/97 16:02:21 Schedule of Bills GL050S-VO4.30 COVERPAGr: GL540R R000rt Selection: RUN GROUP... DO605 COMMENT... JUNE 5 CHECKS DATA -JE -ID DATA COMMENT D-06051997-065 MAY 5 CHECKS Run Instructions: Jobe Banner Cooies Form Printer Hold Soace LPI Lines CPI J 01 N S 6 066 10 L BRC FINANCIAL SYSTEM 06/05/97 16:02:27 Scnedule of Bills GLSAOR-VOA.10 PAGE ' VENCOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND d ACCOUNT CLAIM INVOICE PC: F/P 10 L:NE AMERICAN PAGING OF MINNE JOhN S-PAGER 9.19 TELEPHONE 101.4 3110.3210 065 CON B d 3 PLUMBING d HEATING 4/C d INSTALL-LIOUOR 7.531.00 IMPROVEMENTS 609.49TS4.53p1 18741 065 0000. OAHLHEIMER DISTRIBUTING EEER 5,771 .40 BEER 609.49750.2520 065 00013 NON BEER LNO MIX 23.20 MISC TAXABLE 609.49750.2540 055 00034 5,790 .60 -VENDOR TOTAL DAMA-MP INC FIRE DEPT-LOCK SOX 1,564 .90 SMALL TOOLS d EQUIPMENT 101.A 2201.2410 065 00005 DAY DISTRIBUTING COMPANY BEER 260 .90 BEER 509.4 9750.2520 9618 065 00366 41SC TAXABLE 38.40 MISC TAXABLE 609.49750.2540 9518 OSS GJ.C1 299 .30 •VENDOR TOTAL OENCON DISPOSAL, INC. JUNK DAY-LAMDF RL 1,12 5.00 MISC PROFESSIONAL SERVIC 101.4 3230.3199 065 0000E DICK AOLESALE CO., INC. BEER 764.70 BEER 509.49750.2520 065 JCC LIQUOR SUPPLIES 30.89 LIOUOR STORE SUPPLIES 509.49754.2140 35:::0': 795.59 -VENDOR TOTAL OYNA SYSTEMS SMALL TOOLS 17 7.84 MISC OPERATING SUPPLIES 101.431N.2199 196856 065 000 EARL F ANDERM4 d ASSOCI 8'BENCH.TABLE FRAMES 2.16 6.11 FURNITURE d FIXTURES 101.a$201.5601 716 065 00012 REPAIR PARTS 1,404.10 EQUIPMENT REPAIR PARTS 101.45211.2210 716 055 00013 RISC PARTS 2,474.67 RISC OPERATING SUPPLIES 101.43;20.2199 993 065 00014 6,126.26 -VENCOR TOTAL FARHAM/TEO OUL.,TH FIRE SCHOOL 27G.04 TRAVEL EXPENSE 101.42201.3310 065 COC': FERRELLGAS 200 CYL a 1.03 RISC OPERATING SUPPLIES 101. a 3110.2199 8546 055 OOCi6 CLAS3 HUT/THE BRICCE PARA GLASS COCA 103.00 REPAIR 6 MTC - CUILDINGS 101.45201 4010 91-509 065 00J1 GLUM/RAY LA4SOM,LOT 451,6RAVE 3 35530 PROF SRV - EXCAVATION 65L.a010.3115 055 00010 SCMULTI,LOT $95,CRAVE 6 325.00 PROF SRV EXCAVATION 651.49010.3115 DES "117 600.00 -VENDOR TOTAL BRC FINANCIAL SYSTEM CITY OF MON TiCE-.G 06/05/97 16:02:27 Scheiule of Bills GL54OR-VO4.30 PAGE ". _.+DOR NAME DESCRIPTION AMOUNT ACCOUNT NAVE FUND 6 ACCOUNT CLAIM INVOICE P07 F/P 10 L:'.E GOULD BROS. NEV-OLD:. C 79 CHEV TRUCK REPAIR 959.53 REPAIR 6 MIC - VEHICLES 101.42201.4050 32307 055 00320 GOVT FINANCE OFFICERS AS GUIDE FOR SMALLER GOVT 24.00 BOOKS 6 PAMPHLETS 101.4130i.43SO 065 00.12' GRIGGS, COOPER 6 COMPANY LIOUOR 6.352.88 LiOUOR 609.49750.2510 055 0002: WIVE 351.86 NINE 609.49750.2530 065 0302: 6,714.74 -VENDOR TOTAL GROSSLEIN BEVERAGE INC. BEER 6,680.55 BEER 609.49750.2520 055 00024 MISC TAXABLE 36.15 MISC TAXABLE 609.49750.2540 065 COC25 6.916.70 •VENDOR TOTAL HEART OF THE LAKES CONST (2) TREES 250.00 ESCROWS COND OCCUPANCY 101.22013 065 00026 HERMES/JERRY LiBRARY CLEANING-TO 6-15 227.50 PROF SAV - CUSTODIAL 211.45501.3110 055 ' 0002' !DAY CREDIT OFFICE GAS 188.38 MOTOR FUELS 101.42201.2120 065 000:9 JOHNSON BROS WHOLESALE L FRE:GHT 34.50 FREIGHT 609.49750.3330 065 00030 LIOUOR 1,723.30 LIOUOR 609.49150.2590 065 OJ13' WINE 507.56 WINE 609.49150.2530 065 00032 2.255.46 -VENDOR TOTAL KENNEDY i GRAVEN SEMINAR-OLLIE 25.00 CONFERENCE i SCHOOLS 101.46501.3320 055 00033 LEHMANN FARMS ASPARAGUS i OLIVES 86.70 MISC NDN TAXABLE 609.49750.2550 61164 065 30034 KN CITY MANAGEMENT A= MEMBERSHIP RENEWAL 65.00 DUES, MEMBERSHIP 6 SU85C 101.41301.4330 065 0600'. MN STATE FIRE CHIEFS ASS MAY-HEARTLAND EXPRESS 5,757.40 PROF SVR - HEARTLAND LLS 610.49001 3060 10030 065 OOC2C MO7ITICELLO ANIMAL CONTRO TRAVEL-PATTY 52.04 TRAVEL EXPENSE 101.62701.3310 065 000:' M0NTICELLO SENIOR CITIZE i111NE CONTRACT 2,033.33 SEVIOR CENTER CONTRIEU1I 101.45175.3135 065 OCC37 BRC FINANCIAL SYSTEM CITY OF MONTICELLC 06/C5/97 16:02:27 Schecule of BMs GL540R-VO1.30 PAGE VENDOR NUE DESCRIPTION AMOUNT ACCOUNT NAME FUND i ACCOONT CLAIM INVOICE 1>00 F/P 10 -;4E MONT;CELLO TIMES LICUOR TIMES SUBSCRIPT 29.8O DUES. ME148ERSHIP 6 SUBSC 609.49754.4330 065 00038 MOON MOTOR ;ALES. INC. MiSC 82.96 EOUIPMENT REPAIR PARTS 101.45201.2 210 065 0004, NEN MEED EATER 372.10 SMALL TOOLS i EOUIPME91 101.43120.2410 596107 C55 00033 LINE SAVER,COVER 20.10 FISC OPERATING SUPPLIES 101.45261.2199 596707 055 00O4C 476.05 -VENDOR TOTAL MV;L LABORATORIES, INC. WA'ER TESTING 82.00 MISC PROFESSIONAL SERVIC 601.49440.3159 665 00_ C NORTHERN STATES POWER CO WATER 895.33 ELECTRIC 501.49140.3910 055 OCC43 CIVIL DEFENSE 4.65 ELECTRIC 101.42501.3810 065 0004, 900.19 -VENDOR TOTAL PHILIPS WINE 6 SPIRITS FREIGHT 30.35 FREIGHT 609.19750. 3330 065 OGC4 " LIOUOR 1,941.01 LIOUOR 609.49750. .1510 055 0004; .INE 423.10 WINE 609.49750.2530 055 0004 2,400.46 -VENDOR TOTAL WALI TY WINE 6 SPIRITS C WINE 71.25 UNE 609.49750. 2530 065 C034L LIOLIOR 1,203.03 LIQUOR 601.49750. 2510 065 00045 BEE 4 23.95CR BEER 609.49750.2520 365 06051 1,251,33 -VENDOR TOTAL ROYAL PRINTING 6 OFFICE PW -OUP 6 COPY SUPPLIES 15.70 DUPLICATING i COPY SUPPL 101.43110.2020 OiS COGS' PW-MISC OFFICE 44.14 MISC OFFICE SUPPLIES 101.43110. 2029 065 00052 AN SHELTER-MISC SUPPLIES 1.23 MISC OFFICE SUPPLIES 101.42701.2099 065 0005: 04LK 6 ROLL SUPPLIES 41.19 MISC OPERATING SUPPLIES 101.45201.2199 065 0005. C:Tv BALL-MISC OFFICE I0.49 4I5C OPERATING SUPPLIES 101.41940. 2129 055 000 5� 130.15 -VENDOR TOTAL SHADE TREE CONSTRUCTION (6� TREES ESCROW 759.00 ESCROWS - COND OCCUPANCY 101.22013 0115 CCC 5: ST, CLOUD RESTAURANT SUP 4ISC TAXABLE 291,04 MISC TAXABLE 609.49156.2540 0115 00053 THORP_ OISTRIBuTING COMP BEER T. 701,95 DEER 609.49750. 2520 065 DOCS' VIKING COCA COU NISC TAX -POP 509.35 MISC TAXABLE 109.49750.2540 065 ^":59 FW - POP 117.50 NISC OTHER EXPENSE 101.41110.4399 06. : 621.93 'VENDOR TOTAL 8RC FINANCIAL SYSTEM 06/05/97 16:02:27 C. -DOR NAME DESCRIPTION WATSON COMPANY, INC/THE MISC TAX WRIGHT COUNTY AUDITOR -TR SHERIFF PATROL FOR JUNE TAX ROLL WRIGHT-HENNEPIN COOP ELE GILLARO-STREET LIGHTS MONITORING -2175 W RIVER 4CAITORING-119 E 3RD ZARNOTH BRUSH WORKS, INC DISP. GUTTER BROOMS DISP GUTTER BROOMS ZEE MEDICAL SERVICE IBUP 6 PAINAID Schedule of Bills AMOUNT ACCOUNT NAME FUND 6 ACCOUNT 123.11 MISC TAXABLE 609.49750.2540 26,956.00 PROF SRV - LAW ENFORCEME 101.42101.3050 67,21 PRINTED FORMS 6 PAPER 10 1.41520.2030 27,023.21 -VENDOR TOTAL 8.00 ELECTRIC 101.43150.3810 15.98 MAINTENANCE ABREEFENTS 101.45201.3190 19.12 MAINTENANCE AGREEMENTS 101.41990.3190 43.10 -VENDOR TOTAL 182.54 MISC OPERATING SUPPLIES 101.43120.2199 365.30 MISC OPERATING SUPPLIES 101.43120.2199 547.94 -VENDOR TOTAL 21.75 MISC OPERATING SUPPLIES 609.49754.2199 CITY OF ARPITICELLO GL540R-VO4.30 PAGE 4 CLAIM INVOICE DOD F/P ID L:SE 489872 065 0066' 065 00066 97-46-2 065 0005" 59871659637 065 00068 59992 055 OOOE9 SA23979D 055 Dun Q EIRC FINANCIAL SYSTEM 06/05/97 15:01:27 Schedule of Bills VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FOND & ACCOUNT REPORT TOTALS: 93,303.44 RECORDS PRINTED - 000069 CITY OF 10TICELL6 6LSAOR-VO4.30 PAGE `. CLAIM INYOICE P09 F/P 10 LINE BRC FINANCIAL SYSTEM 06/05/97 16:02:57 C FUND RECAP: FUND DESCRIPTION ---- ---------------------------- 101 GENERAL FUND 211 LIBRARY FUND 661 NATER FUND 509 MUNICIPAL LIOUOR FUND 670 TRANSPORTATION FUND 651 RIVERSIDE CEMETERY TOTAL ALL FUNDS BANK RECAP: BANK NAME ---- --------------------------- GENL GENERAL CHECKING LIOR LIQUOR CHECKING ",TAL ALL BANKS Schedule of Bills DISBURSEMENTS 'rJEI[�II�EL' DISBURSEMENTS THE PRECEDING LIST OF BILLS PAYABLE WAS REVIEWED AND APPROVED FOR PAYMENT. DATE ............ APPROVED BY ................................. CITY OF MONTICELLO GL060S-V01.30 RECAPPAGE GLSAOR COUNCII. UPDATE June 5,1897 ,aJtlrT _I"�T;TTlsT�T:i�ls�7 As part of our 1997 budget, the City Council had meed to contribute to the MCP an amount up to $35,000 provided the MCP fundraising efforts could match this amount. The Monticello Community Partners has indicated they have raised a total of $36,013 in contributions from businesses and individuals and, therefore, have recently requested payment of the City's matching contribution. The payment request is currently being processed and will be made shortly by the City. Monticello �1 Community Partners P.O. Box 984 • Monticello. MN 55362 May 20, 1997 Mr. Rick Wolfsteller City Administrator City of Monticello PO Box 1147 Monticello MN 55362 Dear Mr. Wolfsteller. Re: We wish to thank the City of Monticello for its commitment to Monticello Community Partners, as demonstrated by the decision of the City Council to match the 19% fundraising efforts of MCP In an amount up to $35,000. At this time we would like to request payment of the matching contribution. Monticello Community Partners had a very successful fundraising campaign in 1996, raising a total of $36,013 in contributions from businesses and individuals. The list of 1996 contributors is attached. MCP is committed to working with the City and other organizations to improve the quality of life in Monticello through grassroots efforts. The May 310 Pathway Walk and Roll is an excellent example of one such effort, with the MCP Promotions committee working in cooperation with the City of Monticello, Monticello Big lake Hospital District, and over 30 local businesses and organizations, to organize what we hope will become an annual event. The success of last year's Pathway Celebration suggests that this type of activity provides much needed community and family oriented activities in Monticello. The Promotions Committee is also working to organize community nights in Bridge Park this summer, with music and entertainment for people of all ages and interests, We believe these free events will go a long way to promoting Monticello as a great place to live, work and do business. MCP Design and Economic Committees are working on long term plans for economic and cultural revitalization. The Design committee has worked extenstvey on design guidelines and other issues relevant to the downtown and riverfront revitalization plan. As you know, MCP has played a central role in facilitating community participation in the development of the plan. MCP looks forward to an active partnership with the city in implementing the plan, as adopted by the City Council. Please feel free to contact us if you have any questions or require any addifiml information P regarding the matching conbibution. You may call Rita Ulrich, MCP Manager, at 2954999, l Merrill Busch, MCP Treasurer, at 872-7700 or Lois Maus, MCP Acting Chair, at 295.2115. Once again, thank you for your support of MCP. Sincerely, rill Busch Lois Maus easurer Acting Chair r Contributors to Monticello Community Partners, 19% Action Plus Temporary Service American Express Financial Services American Family Ins (Ron Hoglund Agency) Anderson Enterprises (Maytag Laundry) Ben Franklin Crafts (C.G. b A. Variety Stores, Inc.) Biske, DL. Enterprises Bogart, Patrice 8 Jon Bowen, Bob Bursch Travel Campbell, Pam Carlson, Roger & Sonja Cedar Street Garden Center Chin Yuen Silver Fox Inn, Inc Chris Lommel Photography Custom Canopy, Inc Dahl, Lynne Dave Peterson's Monticello Ford Mercury David's Photography Dino's Catering Don's Cleaners Employer Benefits, Inc. Esse Technology, Inc. Fair, Bill & Rosanna Fair, Fran First National Bank Of Monticello Flickers TV 8 Appliance Funillmem Systems, Inc. Gamuan, Maggie Golden Vaney Fumitum Gruys Borden Carlson 6 Associates Magerstrom, Joanna Harry's Auto Supply Herbst. Clint Hoglund Bus Co, Inc Hoglund Transportation, Inc H -Window Company James & Gruber, CPAs Klnsley, Karen 6 Ken KK Construction Larson's Ace Hardware Liberty Savings Bank Little Mountain Feed, Inc Little Mountain Flowers Loch Jewelers Marquette Bank Masters Fifth Avenue Horne Fumishirgs Maus Foods Maus, Lois Metcalf, Larson 8 Muth Mielke, Dan Minnegesco Monticello Agency Monticello Dental Center Monticello Liquor Inc Momkeno Theater Monticello Times, Inc Monticelto-Big Lake Hospital DLc&td Northern States Power Olson, Dan, State Fane Ins. O'Neill, Jeff Peterson-Grlmsmo Funeral Chapel Photo One Presbyterian Homes. Mississippi Shores Rainbow Enterprises Rend House Red's Mobil River Street Station Rlvenvood Inn & Conference Center Salon Exceptionelle Sandusky. Rosamond Shuman, Ed Smith, Ben Snyder Drug Standard Iron Suburban Manufacturing TDS Telecom (BrWge Water Tel. Co.) Ven & Company Wik, Dave & Julie WrIgM Co. Chiropractic Clinic Wright Way Shopper Inc Wright -Hennepin Electric