City Council Agenda Packet 01-24-2000
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AGENDA
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, January 24, 2000 - 7 p.m.
Mayor: Roger Belsaas
Council Members: Clint Herbst. Brian Stumpf. Roger Carlson, Bruce Thielen
1. Call to order.
2.
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B.
Approval of minutes of the special meeting held January 10, 2000.
Approval of minutes of the regular meeting held January 10, 2000.
Consideration of adding items to the agenda.
A. htJ4<- t\fVI 1'* - f If).f tj,q(.( I'rlC/~1 4 r
B. hfJftf... P'1f'AT - A<IJ~tw,", Pp.J'''''fl..r
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4. Citizens comments/petitions, requests, and complaints.
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5.
Consent agenda.
A. Consideration of setting a special meeting for awarding bond sale.
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6.
Consideration of items removed from the consent agenda for discussion.
Consideration of approving signal agreement for signal at County Road 75 and
Hospital with Wright County.
c.
Consideration of approving charitable gambling license renewal - Land of Lakes
Choirboys.
D.
Consideration of approval of preliminary plat of the Klein Farms VI Residential
Subdivision.
Consideration of an amendment to the zoning ordinance to allow for a deferral of
parking lot paving and/or curb requirements in the Business Districts.
Consideration of resolutions establishing agreements with Marquette Bank to
utilize software for automated transactions and account access and reporting.
Consideration of annual highway maintenance agreement with Wright County.
7. Public hearing - Consideration of a resolution adopting proposed assessment roll
for delinquent utility bills and certification of assessment roll to County Auditor.
Agenda
Monticello City Council
January 24, 2000
Page Two
8. Consideration of approving concept plan for exchanging City owned 60 acre commercial
parcel for 140 acre industrial site.
9. Consideration of discussing potential interest in industrial park land acquisition - Gold
Nugget Property.
10. Approve payment of bills for January.
11. Adjourn
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Mayor:
AGENDA
SPECIAL MEETING - MONTICELLO CITY COUNCIL
Monday, January 24, 2000 - 5:30 p.m.
Roger Belsaas
Council Members: Roger Carlson, Clint Herbst, Brian Stumpf, Bruce Thielen
1. Call to Order.
2. Discussion with NSP representatives.
3. Adjourn
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MINUTES
SPECIAL MEETING - MONTICELLO CITY COUNCIL
Monday, January 10,2000 - 6:15 p.m.
Members Present:
Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen
Members Absent:
Roger Bclsaas
Acting Mayor Clint Herbst called the meeting to order at 6: 15 p.m. and declared a quorum present.
Tim Flaherty, lobbyist for the Coalition of Utility Cities was present and summarized the efforts of the 13
cities that make up the coalition to minimize the impact to the cities if the legislature enacts legislation
that would change the tax status for utility companies. Mr. Flaherty explained the impact of deregulation
and restructuring of utilities noting that the terms deregulation and restructuring are used interchangeably.
The question is whether the utility companies need a tax break and if they do, how can that tax break be
provided with minimum impact to the utility cities. The legislature has set up an utility rate structure
committee and the meeting process has just started. It is their aim to work together to resolve this issue
by consensus. Tim rIaherty discussed the proposal that have been submitted and the advantages and
disadvantages of each. The Coalition of Utility Cities' position is that there is no reason to do anything
before deregulation takes effect. After deregulation takes place it can be determined whether NSP
actually needs the tax break.
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Roger Carlson asked what is motivating the legislature to look at this issue at this time. Mr. Flaherty felt
that because there is currently a budget surplus is one reason the legislature is looking at this issue. There
was general discussion on the position of the utility companies, the position of the utility cities and the
position of the legislature as it relates to the tax status for utility companies.
Tim Flaherty explained a proposal offered up by the Red Wing Chamber of Commerce which is not
supported by the Coalition ofUtility Cities. Under this proposal new plants arc exempt from property tax
on equipment but the city can place a fee on the utility. This fee is negotiated with the utility company
before the site for the new uti lity plant is selected.
The City will be meeting with representatives from NSP in the near future to further discuss this issue.
The special meeting closed at 6:50 p.m.
Recording Secretary
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AGENDA
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, .January 10,2000 - 7 p.m.
Members Present:
Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen
Members Absent:
Roger Belsaas
Acting Mayor Clint Herbst called the mecting to order at 7 p.m. and declared a quorum present and
noted the absence of Roger Bclsaas due to illness.
2. Approval of minutes of December 13, 1999 re!!ular Council meeting.
BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF TIlE DECEMBER 13, 1999
REGULAR COUNCIL MEETING AS PRESENTED. BRUCE THIELEN SECONDED THE
MOTION. MOTION CARR lED UNANIMOUSLY.
3. Consideration of addine items to the a!!enda.
Brian Stumpfrcquested that discussion of a business being conducted on West River Street be added
to the agenda. Bruce Thielen requested that agenda item #9 be added to the consent agenda and Jeff
O'Neill added a request to update the Council on the Community Center.
4. Citizen comments/petitions, requests and complaints.
None
5. Consent Agenda
A. Consideration of approving issuance ofa non-intoxicating liquor license _ O'Ryan's
Conoco. Recommendation: Approve issuance of non-intoxicating liquor license
with $75 fee to be pro-rated from the date of opening to July I st.
B. Consideration of an amendment to a conditional use permit and associated planned
unit development allowing expansion for an industrial use. Applicant: Sunny Fresh
Foods. Recommendation: To approve the Concept Plan for the Sunny Fresh
cuP/pun amendment subject to consideration of issues raised in the agenda report
and based on the finding that the expansion is appropriate for the site and the
neighborhood and will result in a more acceptable operation of the site.
c.
Consideration of zoning text amendment defining minimum lot width as measured at
front yard building set-back line. Applicant: Zoning Administrator.
Recommendation: Adopt the proposed ordinance amendment (ORI>. AMD. #338)
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D. Consideration of zoning text amendment clarifying curb cut requirements or driveway
widths in residential districts. Applicant: City of Monticello. Recommendation:
Approve the ordinance amendment clarifying curb cut requirements or driveway
widths. (ORD AMD. #339)
E. Consideration of a Comprehensive Plan amendment for land west of Kjellberg West
Recommendation: Approve amendment to Comprehensive plan as proposed based on a
finding that the existing plan language needs clarification to provide land use direction
that reflects the City's intent.
F. Consideration of proposed amendment to the sign ordinance allowing electronic reader
hoards. Recommendation: Adopt ordinance amendment as proposed.
Bruce Thielen requested that item 5B be pulled for discussion and Dan Miclke requested that item 5C be
pulled so that additional information could be presented.
BRUCE THIELEN MOVED "1'0 APPROVE THE CONSENT AGENDA AS PRESENTED
EXCLUDING ITEMS 5B AND 5C AND INCLUDING AGENDA ITEM #9. ROGER CARl,SON
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y.
6. Consideration of items removed from the consent a!!enda for discussion.
Jeff O'Neill provided a summary of the Sunny Fresh request for an amendment to the conditional use
permit covering the planned unit development to allow for the expansion of the business. The issues
discussed at the Planning Commission meeting on the amendment were reviewed including Linn Street
options, paving, screening and installation of curb. Bruce Thielen asked about the expansion area and
the impact this would have on the City's wastewater treatment facility. Don Roberts from Sunny Fresh
explained how the proposed expansion would impact the wastewater treatment agreement between
Sunny Fresh and the City. Mr. Roberts indicated that new area deals with cooked product and this does
not contribute to the BOD and TSS amounts. However, they arc working with John Simola, Public
Works Director, on the wastewater treatment agreement.
BRUCE THIELEN MOVED TO APPROVE THE AMENDMENT TO THE CONDITIONAL USE
PERMIT AND ASSOCIATED PLANNED UNIT DEVELOPMENT ALLOWING THE EXPANSION
FOR SUNNY FRESH. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED
UNANIMOlJSL Y.
Dan Mielke spoke to the Council regarding the proposed change in the zoning ordinance defining
minimum lot width. I Ie asked that this item be referred back to the Planning Commission for additional
discussion as he had further information to present. Mr. Mielke indicated that the proposed wording
change would have significant effect on the City. 'fhe current definition oflot width is: "The shortest
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Counci I Minutes - 1/10/00
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horizontal distance between the side lot lines measured at the building setback line." In a B-3 zoning
district there is no minimum lot area designated but there is a lot frontage requirement of 100 feet. It was
his opinion that if one uses the current definition, the parcel could not have any dimension that would be
Jess than 100 feet because then it would not meet the lot width requirements of a B-3 district and
therefore would be unbuildable unless a variance was obtained. City stafT in their discussions with Mr.
Mielke noted that the 100' lot width was the requirement at the building setback line of the front yard and
city staff indicated that the parcel in question, based on City's interpretation of the ordinance was a
buildable lot. However, to ease the concerns ofMr. Miclke, the staff had submitted to the Planning
Commission an ordinance amendment that added the words, "front yard" to the definition so that it was
clear where the lot width is measured. Mr. Mielke stated that with the proposed change in language it
would be possible to have a lot that would meet the 100' width at the front yard but narrow down
drastically after that point, such as a triangular lot. I [e questioned whether that was what the City
intended when they proposed the ordinance amendment. He felt the proposed language changed the
intent of the ordinance instead of clarifying the language.
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City staff stated that the interpretation of the ordinance has been that lot width is measured at the setback
line of the front yard and the lot in question is a buildable lot. StafT also noted that it is not the intent of
the ordinance to have a 100' minimum width over an entire lot and that there are numerous lots that have
been created with rear lot widths that may be less than the front lot width. The concerns Mr. Mielke
raised should have been presented to the Planning Commission when they made their deliberations on
the ordinance amendment. Dick Frie, Planning Commission Chair, stated that when the public hearing
was conducted by the Planning Commission the comments they received was that there needed to be
clarification of the front yard setback but what was being presented to the Council at this meeting was
whether the lot was a buildable lot. The intent of the Planning Commission was to clarify the language to
state the lot width measurement was taken from the front yard building setback line and they believe the
language proposed does that. If Mr. Mielke has concerns about other lot requirements of the B-3 zoning
district that is a separate issue that could be looked at.
BRUCE THIELEN MOVED TO ADOPT THE PROPOSED ORDINANCE AMENDMENT
RELATING TO LOT WIDTH BASED ON "[,l-IE FINDING THAT THE AMENDMENT [S
NECESSARY TO CLARIFY CODE INTERPRETATION AND REFLECT PAST CITY PRACTICE.
BRIAN S'fUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
7. Consideration of adopting a resolution for the sale of $7.555.000 Public Project Revenue
Bonds Series 2000A. (RES. NO. 00-01)
Mark Ruff from Ehlers and Associates was present to explain the proposal for the sale 01'$7,555,000
in public project revenue bonds. This bond issue is proposed to refinance the Community Center bonds
which have a two year term and atter one year the bonds can be called. The Community Center bonds
have a 2/1/00 call date. Since the City is also looking at issuing a general obligation bond for financing
of a number of public improvement projects it is proposed to do a combined sale. "l'he financial
consultant was recommending the bond sale at this time because generally Jan.-Feb. arc good months for
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bond sales and it is uncertain whether there will be any reduction in interest rates by waiting until a latcr
date. Brian Stumpf asked what the potential savings would be to sell the two bond issues together and
Mark RuiI indicated that the savings would be $15,000-$20,000. There was Council discussion on
whether to delay the sale of the bonds in hope that the election and economy might bring the interest
rates down. Mark Ruff stated that the City would have up to two days prior to the sale of the bonds to
cancel should they feel it would be better to delay the sale of the bonds.
BRUCE TIIIELEN MOVED TO ADOPT A RESOLUTION PROVIDING FOR THE SALE OF
$7,555,000 PUBLIC PROJECT REVENUE BONDS, SERIES 2000A ROGER CARLSON
SECONDED 'n-IE MOTION. MOTION CARRIED WITH BRIAN STUMPf VOTING IN
OPPOSITION.
8. Consideration of resolution authoriziD!! the sale of 2000 G.O. Improvement Bonds.
(RES. NO. 00-02)
Mark Ruff eXplained the purpose of the proposed bond sale is to reimburse the City for projects the City
is currently funding through reserves or will be undertaking. City Administrator, Rick Wolfsteller,
reviewed the various projects that thc proposed bond sale would cover. The amount of the proposed
bond sale including capitalized interest and discounts would be $2,015,000.
. BRUCE THIELEN MOVED TO APPROVE A RESOLUTION AUTHORIZING THE SALE OF
$2,015,000 IN GENERAL OBLIGATION IMPROVEMENT BONDS. ROGER CARLSON
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y.
9. Consideration of annual appointments for 2000 and consideration of ordinance amendment
establishing staggered 3 year terms for Planning: Commission members. (ORD AMD #337)
Included as part of the consent agenda.
10. Consideration of Change Order #12 on Highway 25 Project No. 96-04C.
Bret Weiss reviewed the proposed change order which added to $17,180.07 to the contract for the project
and covered all items in the contract paid at unit prices that came in 15% above or below the estimated
quantities.
BRIAN STUMPf MOVED TO APPROVE CHANGE ORDER NO. 12 ON THE HIGHWAY 25
PROJECT NO. 96-04C AS RECOMMENDED. ROGER CARLSON SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
11. Consideration of annual increases to City development fees.
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Jeff 0' Neill eXplained that the originally the City had conducted a survey of neighboring communities
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Council Minutes - 1/ 10/00
as far as fees charged in development. It was the City's intent to periodically review the fees charged to
make sure that they are not only comparable to what other communities charge but also that they
generate adequate funds to take care of the cost of the infrastructure. It is proposed that these fees be
looked at annually and adjusted to reHect the construction cost index. If the fees are approved they
would be collected on developments coming in after this date. The fees listed were reviewed and it was
noted that the sewer access charge should be at $3000.00 per unit.
BRUCE THIELEN MOVED TO ADOPT THE PROPOSED CHANGES TO DEVELOPMENT FEES
WITH THE CHANGE NOTED FOR THE SEWER ACCESS CHARGE. ROGER CARLSON
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
12. Consideration of approving turnback agreement for Oakwood Drive from Hil!hway 25 to
Chelsea Road - Wri~ht County.
Bret Weiss provided a brief summary on the turnback agreement. It was noted that the City will be
receiving $40,000 from the County on the turnback of this segment of roadway.
BRIAN STUMPF MOVED TO APPROVE THE COUNTY ROAD 117 JURISDICTIONAL
TURNBACK AGREEMENT NO. 99-046 WITH WRIGHT COUNTY WrrII THE CITY AGREEING
TO PERFORM MAINTENANCE ON OAKWOOD DRIVE BETWEEN CHELSEA ROAD AND
TH 25 UNTIL THE AGREEMENT TAKES EFFECT. BRUCE THIELEN SECONDED THE
MOTION. MOTION CARRIED UNANIMOlJSL Y.
13. Consideration of approvin~ siena. agreement for si~na. at County Road 75 and Hospital
with Wrieht County.
A signal agreement has been prepared cover the costs of construction, engineering, inspection and
maintenance costs for the signal at the entrance to the hospital. The hospital is picking up the entire cost
of the signal construction, engineering and inspection. There was some discussion on the maintenance
cost of the signal particularly the emergency vehicle pass system and whether that cost should be picked
up by the hospital or the City. It was suggested that perhaps the cost of maintaining EVP system could
be shared by the SherifT's Department, hospital and the City. When this was discussed initially the City
was not looking at maintenance of the electronic controls.
BRIAN STUMPF MOVED TO TABLE ACTION ON THIS AGREEMENT UNTIL THE
RESPONSIBILITY FOR COST OF MAINTAINING TIlE ELECTRONIC CONTROLS COULD BE
DETERMINED. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSL Y.
Brian Stumpf expressed his concern about the intensive business use of a residence located on West
River Street and requested the staff to check the terms of the conditional use permit for this property.
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Council Minutes - 1/10/00
Jefl 0' Neill updated the Council on the progress with the Community Center. I-Ie noted that there is
construction delay with the aquatics center. There is an extensive punch I ist of items that needs
correction. Clint Herbst questioned the cracked appearance of the climbing wall. .Jeff 0' Neill indicated
that the Community Center, other than aquatic area, is to be completed by January 22od.
Bret Weiss informed the Council that MnDOT has rejected the proposal of attaching the pedestrian
bridge proposed f<Jr the County Road 18 area to the existing bridge. While the stand alone bridge has a
lower construction cost than the attached bridge, John Simola, the Public Works Director had indicated
some maintenance concerns with the stand alone bridge. If this project does not proceed this year, the
City will lose the ISTEA funding for the project.
14. Payment of bills for .January.
BRUCE THIELEN MOVED TO APPROVE PAYMENT OF BILLS. ROGER CARLSON
SECONDED THE MUflON. MOTION CARRIED UNANIMOUSL Y.
BRIAN STUMPF MOVED TO ADJOURN AT 8:30 P.M. BRUCE THIELEN SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
Recording Secretary
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wss.
606 25 th Ave. S. · Suite 101
St. Cloud, MN 56301
320-252-4900
FAX 252-3100
B.A. Mittelsteadt, PE.
Bret A. Weiss, PE.
Peter R. Willenbring, PE.
Donald W Sterna, PE.
Ronald B. Bray, PE.
& Associates, Inc.
January 4, 2000
Mr. John Simola
Public Works Director
Office of Public Works
909 Golf Course Road
Monticello, MN 55362
Re: Project 98-09C
Fire Hall Parking Lot Construction
WSB Project No. 1010.77
Dear John:
Enclosed are three (3) copies of Construction Pay Voucher No.3 and Final Pay Request
for the referenced project in the amount of $ 10,501.24.
Also enclosed are Supplemental Agreement NO.1 and No.2 for your review and
signature.
Supplemental Agreement NO.1 covers a re-mobilization charge by Dirtworks 2000 to
complete work that could not be completed in the fall due to conflicts with the community
center.
Supplemental Agreement No.2 covers removal and replacement of the driveway apron
that was damaged by a fire truck and the additional cost for 8" concrete pavement in lieu
of the 6" pavement that was bid.
If you have any questions in this regard please call me, otherwise, sign the enclosed
documents and make payment in the amount of $10,501.24 to Bauerly Bros. Inc. at your
earliest convenience.
Sincerely,
WSB & Associates, Inc.
7Jz1~~~
Michael J. Nielson, P.E.
Office Manager
Enclosures
Minneapolis · St. Cloud
Infrastructure Engineers Planners
EQUAL OPPORTUNITY EMPLOYER
606 25 th Ave. S. · Suite 101
St. Cloud, MN 56301
320-252-4900
FAX 252-3100
B.A. Mittelsteadt, PE.
Bret A. Weiss, rE.
Peter R. Willenbring, PE.
Donald W. Sterna, rE.
Ronald B. Bray, PE.
.
& Associates, Inc.
January 4, 2000
Mr. John Simola
Public Works Director
Office of Public Works
909 Golf Course Road
Monticello, MN 55362
Re: Project 98-21C
Downtown Parking Lot Overlay & Freeway Parking Lot Construction
WSB Project No. 1010.90
Dear John:
Enclosed are three (3) copies of Construction Pay Voucher NO.3 for the above referenced project
in the amount of $ 14,656.25. This is the final payment for this project.
Also enclosed are two (2) Supplemental Agreements for additional work on the project.
Supplemental Agreement NO.1 is for labor and equipment to remove the pavement in the City's
downtown parking lot. This work was paid for on Pay Estimate No.1, however I am not sure that
Bauerly Bros. Inc ever signed the Supplemental Agreement and therefore had them sign the
enclosed agreement.
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Supplemental Agreement NO.2 deletes that sod from the Freeway Park project and adds
seeding. Payment was made for % the amount of seeding on Pay Estimate No. 2 and the
remaining portion is paid on this estimate.
The final balance for this project is $2,515.32 over the amount of the original contract, and is
primarily due to the additional common excavation of unsuitable soil at the Freeway Park lot and
the additional granular borrow required.
If you have any questions in this regard, please call me at 320-252-4900, otherwise please make
payment in the amount of $ 14,656.25 to Bauerly Bros. Inc. at your earliest convenience.
Sincerely,
WSB & Associates, Inc.
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Michael J. Nielson, P.E.
Office Manager
Enclosures
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M 1tllcapolis · St. Cloud
Infrastnlcture Engineers Planners
EQUAL OPPORTUNITY EMPLOYER
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SA. Consideration of setting a special meetinl! for awardinl! bond sale. (RW)
A.
REFERENCE AND BACKGROUND:
As you will recall from our last meeting. the lIRA and the City Council authorized Ehlers and
Associates to proceed with refinancing of our temporary Community Center bonds with a sale date
scheduled for Wednesday, February 2nd. The sale date was set to coincide with the HRA's regular
meeting that evening.
Along with the refinancing of the Community Center bonds, the Council also authorized the issuance
of $2,000,000 in general obligation improvement bonds to finance various improvements that the City
has already constructed. The sale date for these bonds was also scheduled for the same time, February
2nd. The City Council will need to meet briefly that evening to consider awarding the sale of the
general obligation bonds for the City and also to consider an amendment to our lease agreement with
the 1-[ RA because of the sale of the permanent financing for the Community Center. The lease
agreement modification relates to the City's agreement to make lease payments equal to the principal
and interest due on the bond payment, and therefore it is likely the interest and principal will vary from
the original agreement approved in the past.
It is recommended by staff and our bond consultant that the Council meet briefly at 6:45 p.m.
Wednesday, February 2nd just prior to the scheduled liRA meeting at 7 p.m. Hopefully, this special
meeting will work in the Council's schedule as the offIcial statements for the bond issues will be
printed soon with this time noted.
B. ALTERNATIVE ACTIONS:
1. Set a special meeting for 6:45 p.m. February 2, 2000 to consider awarding the sale of general
obligation bonds and amending the lease agreement with the HRA.
C. STAFF RECOMMENDATION:
It is recommended that a special meeting be established by the Council tc.)r February 2nd as outlined
above. The meeting should be very brief and only needs to cover the two actions noted regarding the
bond sale.
D. SUPPORTING DATA:
None
Council Agenda - 1/24/00
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5B.
Consideration of approving sienal agreement for signal at County Road 75 and Hospital
with Wright County. (R W)
A. REFERENCE AND BACKGROUND:
At our last counci I meeting, this item was tabled to allow staff to get additional information on the
potential cost of the maintenance of the EVT emergency system. These electronic controls are a new
addition to our traffic signals in Monticello and the staff was uncertain as to the cost we might be
assuming by agreeing to the maintenance of these signals.
The agreement with Wright County specifies that the City shall relamp the traffic control signals, clean
and paint the traffic control signals and cabinets and maintain and operate the EVP emergency system.
The County's responsibility will be to maintain the signal controller, determine appropriate signal
timing sequence, provide phone service to the controller for remote servicing, and to provide
replacement of poles, cabinets, etc. should they be damaged through vehicle collision, etc. Because the
potential cost ofrepairing and maintaining the EVP system was unknown, our city engineer was asked
to give us an idea of the cost exposure we would be assuming by taking over this maintenance
responsibility. As it turns out, if the entire EVP system within the control panel needed to be replaced,
the total estimated cost is $3,000 or less. The likelihood of this electronic control needing complete
replacement is very remote and therefore the maintenance exposure cost for the City is likely to be very
limited.
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Since the Council had originally agreed to pick up the maintenance when we assumed it only involved
relamping and painting of the signals and cabinets, I inquired of the hospital district whether they would
consider participating in the maintenance cost of the EVP system since it will be a bcne1it to their
ambulance and emergency personnel. Their response at this time is that they feel this should not be thcir
responsibility as they have already picked up the entire cost of the signal construction, engineering and
inspection associated with this installation. As a result of my conversation with Barb Schwientek, I do
not believe that pursuing a cost sharing arrangement for this specific maintenance item is necessary,
especially due to our engineer's cstimate that the cost ofreplaccment should be relatively minor.
B. ALTERNATIVE ACTIONS:
I. The first alternative is to approve the traffic signal agreement with Wright County as
drafted.
2. The second alternative would be to not approve the signal agreement at this time.
C. STAFF RECOMMENDATION:
It is the recommendation of the City Administrator and Public Works Director that the City Council
approve the signal agreement as drafted as outlined under alternative #1. The maintenance costs
. associated with the EVP system should not be a major issue and a total failure of the system is unlikely.
D. SUPPORTING DATA:
Copy of traffic signal agreement
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7856
WRIGHT COUNTY
DEPARTMENT OF HIGHWAYS
TRAFFIC SIGNAL AGREEMENT NO. 99-01
BETWEEN
THE COUNTY OF WRIGHT
AND
THE CITY OF MONTICELLO
TO
FURNISH AND INSTALL A TRAFFIC CONTROL SIGNAL SYSTEM AT
THE INTERSECTION OF CSAH 75 and HART BOULEVARD (HOSPITAL ENTRANCE)
C:\DATA\WPWlN\SIGNALS\MONTI-AG.C75
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COOPERATIVE AGREEMENT
THIS AGREEMENT, made and entered into by and between the County of Wright, .
Minnesota, hereinafter referred to as the "County", and the City of Monticello, hereinafter
referred to as the "City", WITNESSETH.
WHEREAS, the City requests and the County agrees to the installation of a traffic
control signal system on CSAH 75 at the Hospital entrance (Hart Boulevard) that is included
in the CSAH 75 reconstruction project, SAP 86-675-12.
AND WHEREAS, the City is initiating the project and the City therefore will be
responsible for administrating the project, which includes hiring a consultant to coordinate
preliminary engineering work, plans, specifications and proposal. Such work as described
above will constitute "Engineering" and be so referred hereinafter. The City will also perform
the construction engineering and inspection required to complete the items of work hereinafter
set forth. Such work as described above will constitute "Inspection" and be so referred to
hereinafter.
AND WHEREAS, the City requests and the County agrees to the installation of an
Emergency Vehicle Pre-emption System, hereinafter referred to as the "EVP System", as a
part of the new traffic control signal installation on CSAH 75 at the Hospital entrance (Hart
Boulevard) .
AND WHEREAS, the County and the City will share the cost, maintenance, and operation of
the new traffic control signal with street lights, EVP System and signing, as hereinafter set
forth;
NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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Article 1
The contract cost of the work and/or, if the work or portions of work are not
contracted, the cost of all labor, materials, and equipment rental required to complete the
work, including the cost of providing the power supply to the service poles or pads, shall
constitute the actual "Construction Cost" and be so referred hereinafter.
Article 2
The County and the City shall share the costs for this project as follows:
CONSTRUCTION COSTS
County - 0 % of total cost (Signal system warrants not met)
City - 100% of total cost
ENGINEERING COSTS
City - 100 % (City prepared plan, specs. & proposal)
INSPECTION COSTS
City - 100 % of inspection cost
December 1, 1999
C:\DATA \ WPWIN\SIGNALS\MONTI.AG.C7S
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The above breakdown deviates from the present County Traffic Signal Funding Policy (50% I
50 % split) because the signal was not warranted (by a signal justification report). CSAH
funding cannot be used on signal projects unless a signal justification report is approved by
MnDOT.
Article 3
The City shall be responsible for providing the necessary electrical energy for the
operation of the traffic control signals, and any electrical energy for street lights. In addition,
the City shall be responsible for at its cost and expense to (1) relamp the traffic control
signals; and (2) clean and paint the traffic control signals and cabinets; (3) provide, at its
costs and expense, the maintenance on luminaries; and (4) maintain and operate the EVP
System. (Emitter units may be installed and used only on vehicles responding to an emergency
as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 and 169.03.) In the event said
EVP System or components are, in the opinion of the County, being misused or the conditions
set forth herein are violated, and such misuse or violation continues after receipt by the City
of written notice thereof from the County, the County shall remove the EVP System, at the
City's expense.
Article 4
Upon completion of the project; it shall be County I s responsibility at its cost and
expense to (1) maintain the signal controller, (2) determine the appropriate signal timing
sequence, (3) provide phone service to the controller for remote servicing, (4) provide for
replacement of poles, cabinet etc. if they should be damaged through vehicle collision etc.
(major maintenance).
Article 5
The City indemnifies, saves, and holds harmless the County and all of its agents and
employees of any form against any and all claims, demands, actions, or causes of action
whatever nature or character arising out of or by reason of the execution or performance of
the work provided for herein to be performed by the City and further agrees to defend at its
own sole cost and expense any action or proceeding commenced for the purpose of asserting
any claim of whatsoever character arising hereunder and with the corporate limits of the City
of Monticello.
It is further agreed that any and all full-time employees of the City and all other
employees of the City engaged in the performance by any work or services required or
provided for herein to be performed by the City shall be considered employees of the City
only and not of the County and that any and all claims that mayor might arise under
Workmen I s Compensation Act of the State of Minnesota on behalf of said employees while so
engaged and any and all claims made by any third parties as a consequence of any act or
omission on the part of said City employees while so engaged on any of the work or services
provided to be rendered herein shall be the sole obligation and responsibility of the City.
December 1, 1999
C:\DATA\ WPWIN\SIGNALS\MONTI-AG.C75
- 3 -
-58
Article 6
Before this agreement shall become binding and effective it shall be approved by .
resolution of the City Council of Monticello and it shall also be approved by resolution of the
County Board and such other officers as law may provide.
IN TESTIMONY WHEREOF the parties have duly executed this agreement by their
duly authorized officers and caused their respective seals to be hereunto affixed.
COUNTY OF WRIGHT
CITY OF MONTICELLO
Recommended for Approval:
Reconunended for Approval:
County Engineer
Mayor, City of Monticello
Chairman, County Board
City Administrator
County Coordinator
City Attorney, City of Monticello
County Attorney
.
December I, 1999
C:\DATA\ WPWIN\SIGNALS\MONTI-AG.C7S
.
- 4 -
!; B
.
.
.
Council Agenda - 1/24/00
sc.
Consideration of resolution approvine renewal of gambline license for Land of Lakes
Choir Bovs - ,..P.'s Annex. (R.W.)
A. REFERENCE AND BACKGROUND:
The Land of Lakes Choir Boys pull-tab gambling operation located in l.P.s will expire on April 30,
2000. The organization is requesting approval of the City Council for renewal of their license through
the State Gambling Control Board.
Attached is a financial report that shows the revenue from their operations and also the charitable
contri butions.
B. AL TERNA TIVE ACTIONS:
1. Adopt a resolution authorizing the State Gambling Control Board to issue a pull-tab license to
the Land of Lakes Choir Boys organizQ,tion for J.P.' s Annex.
2. Do not adopt a resolution approving the license request.
C. STAFF RECOMMENDATION:
It has been the policy of the Council not to oppose any gambling license application request as long as
the organization was deemed to be a local organization conducting the gambling activity. The financial
report shows the contributions made locally. The staff does not have any reason to oppose the renewal
of this application request.
D. SlJPPORTING DATA:
· Copy of Resolution
· Copy of Financial Information
.
.
.
RESOLUTION NO. 2000-3
RESOLUTION AUTHORIZING THE ISSlJANCF:
OF A CHARITABLE GAMBLING LICENSE
WHEREAS, the Choirboys Elk River Land of Lakes has submitted an application to the City
Council of Monticello for the issuance of a charitable gambling license to conduct gambling at
J.P.'s Annex located in Monticello, Minnesota; and
WHEREAS, upon review of the organization's activities, the City Council is not opposed to the
gambling license being issued by the State Gambling Control Board.
NOW THEREFORE, BE IT RESOLVED BY TI IE CITY COUNCIL or MONTICELLO,
MINNESOT A that the Choirboys Elk River Lane of Lakes organization's application fl)f license
issuance listed above is hereby approved, and the State Gambling Control Board is authorized to
process the application.
Adopted by the City Council this 24th day of January, 2000.
Roger Belsaas, Mayor
ATTEST:
Rick Wolfsteller, City Administrator
5C
..
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.
.
JAN-19-00 WED 15:33
SHERBURNE COUNTY ADMIN,
FAX NO. 6124418567
"
.
LAND OF LAKES CHOIRBOYS
GAMBUNG OPERAnONS
JANUARY 1, 1998 THROUGH DECEMBER 31, 1999
OPERATING INCOME
Grose eales - pl,1I1 tabs
Gross sales - meat raffle
Groa. S.,..
less:
Prize, paid - pull tabs
Cost of pLlII tabs sold
Cost of meat sold
GambUng tax
Combined receipts tax
2% tax creditlref\.lnd
C~lI!lh over (short)
Net Sa/Q5
Interest income
Total Operating Income
OPERATING EXPFNDITURES
Salariee
Rent
Supplies. bank charges, etc.
Fees, ficenses, iU1d permits
Furniture/Equipment used for gamblIng
Utifitiea
ProfeSliional services
Total Operating Qpenses
Net Operating Income
LAWFUL PURPOSE FXPENOITURES
Land of Lakes ChOirboys
Monticeno organizOltionslbueinesses (see attached shelit for detail)
Total laWful Purpose ExpendItures
Increue (Decrease) In Profit Carryover
Profit Carryover. Janllary 1,1998
Profit Carryover - December 31, 191111
P. 02
Total
$
5,131,323
18,000
s
5,149,323
(4.446,795)
(94,561)
(12,000)
(139,845)
(214,227)
34,949
(2,304)
s
274,540
79
$
274,619
3;
115,630
24,000
6,337
850
6.864
1G
2,525
s
156,225
s
118,394
$
54,590
37,286
$
91,878
s
26,518
9,082
$
35,600
5~
JAN-19-00 WED 15:33
SHERBURNE COUNTY ADMIN,
FAX NO, 6124418567
P. 03
..
.
.
LAND OF LAKES CHOIRBOYS
CONTRIBUTIONS MADE FROM GAMBUNG OPERATIONS
JANUARY 1, 1998 THROUGH DECEMBER 31,1999
Date Organization/Business Purpose To~1 %
Various Land of Lakes Choirboys General operations $ 54,590 59.4%
Monticello:
Mar. 1996 Pinewood Elementary School Donation $ 1,500
Mar. 1998 Little Mountain Elementary School Donation 1,~00
Mat. 1998 Resurrection Lutheran Church Youth program 1,000
Mar. 1998 Gruya, Borden, CarlSon Anm.laJ audit 725
June 1998 City of Monticello Rivelfest 2,~OO
Aug. 1996 Susan Koman Foundation Walk for cancer 1,000
Oct. 1998 UtlIe Mountain Elementary School Donation 1,000
Jan. 1999 Gruys, Borden, Carlson Annual audit 800
Jan. 1999 Little Mountain Bernentary School Gifted student program 550
Feb, 1999 Little Mountain Elementary School Donation 700
Mat. 1999 Monticello School District HIgh School hookey 1,080
Apr, 1999 March of Dimes Monticello Walk America 700
June 1999 S Monticello boys in choir 1998.99 European tour costs 4,160
July 1999 Monticello Youth Program Youth hockey 621
July 1998 City of Monticello Rlverfest 2,500
Aug. 1999 Monticello Polecats Donation 2,000
Aug. 1999 Monticello High School Hockey Uniforms 500
. Aug, 1999 Monticello Community Center Pool table. foosball table 2,300
Aug. 1999 City of Montic~lIo Parks Dept - iOCcar equlpmlimt 500
Aug.1S99 Uttlo Mountain Elementary School equipmentfor Music Dept 2,000
Aug. 1999 Monticello High School Recording equipment 3,200
Aug. 1999 Monticello High School SOCcer jackets 200
Aug. 1999 Monticello High School Color Guard - floor covering 500
Aug. 1999 Eastview Elementary School Material$ for music program 2,000
AUQ.19S9 Pinewood Elementary School Donation 1,000
Aug. 1999 Monticello High School Two $1,000 scholarShips 2,000
Aug. 1999 MontlcelIo rood Shelf Oonation 300
Nov. 1999 Monticello Youth Program Youth hockey 450
---
Total Monticello S 37,286 40.6%
Total LaWful Purpose Expenditures $ 91,876 100.0%
-
.
s~
.
.
.
5D.
City Council Agenda - 01/24/00
Consideration of approval of preliminarv plat of the Klein Farms VI Residential
Subdivision. (JO)
REFERENCE AND BACKGROUND:
Attached you will find the Planner's reports and minutes relating to Planning Commission
review of the Klein Farms VI residential subdivision. As you will note, Planning
Commission reviewed this subdivision on two occasions. On the first occasion the developer
was provided a list of changes that needed to be made to the preliminary plat in order for it
to he acceptable to the Planning Commission. Those changes were made for review at the
regular meeting in December, at whieh time the Planning Commission recommended
approval of the preliminary plat.
The developer will he constructing the project under the private improvement process, the
details of which will be spelled out in the development agreement which will be reviewed
by Council in conjunction with approval of the final plat. There are two issues that City staff
is working on with the developer with regard to development or the finance plan that have
not been resolved at this point. The first issue concerns the developer's contrihution toward
future redevelopment of Fallon A venue necessitated in some part by the increase in traffic
flow generated by the Klein Farms VI development. As you know Fallon A venue is
relatively old and in need of repair at some point in the future. Staff is working with the
developer to come up with a fair formula for assessing the developer a share of the cost
associated with this repair.
In addition to the road issue, a concern was raised by the developer with regard to sanitary
sewer and water main trunk fees that are paid on a gross acre basis. As you will note on the
plat, the 38 acre site includes 10 acres that are completely undevelopable due to the presence
of power lines. The question is, should the developer pay trunk fees on land that is
essentially waste land? Due to the fact that our trunk fees are calculated based on gross area,
it is important that for the formula to work the City acquire trunk fees for areas that are
undevelopable. Although this may seem unfair to the property owner with undevelopable
land, it is important that the developmcnt community realize that there will be trunk fees
levied against waste land and thus such land areas should be priced accordingly at the time
of sale to developers.
Although the two items noted above are important relative to adoption of the development
agreement, they are provided for information only with regard to the preliminary plat and do
not directly affect decision making with regard to preliminary plat approval.
.
City Council Agenda - 01/24/00
AL TERNA TIVE ACTIONS
I. Motion to adopt Planning Commission recommendation which is to approve the
preliminary plat with conditions as noted by the Planning Commission.
2. Motion to deny preliminary plat approval.
RECOMMENDA TION
Staff recommends approval of the preliminary plat. If the plat is approved, in the next few
weeks additional work will be done on the development agreement and the process of
annexation is likely to begin.
SUPPORTING DATA
Planning Commission agenda items and meeting minutes.
.
.
.
7.
Consideration of a reQuest for Preliminary Plat approval for Klein Farms 6th Addition.
Applicant: Dave Klein. (NAC)
Planning Commission Agenda -12/07/99
A. REFERENCE AND BACKGROUND:
At its Novembermeeting, the Planning Commission tabled action on the proposed Klein Farms
6th Addition to allow the applicant and City Staff to discuss a number of suggestions made in
the original staff report. Eleven conditions were listed in the 11/2/99 report, and staflhas met
with the developer to discuss these and other issues relating to the proposal. The items were as
follows:
..,
J.
4.
. 5.
6.
7.
1. Submission of a sketch plan showing layouts of the neighboring property to
verify the feasibility of the street connection location.
2. Incorporation of an additional 40 foot wide pathway from Farmstead Avenue to
the west plat boundary.
Revision of the lots to accommodate the added pathway.
Elimination of the internal 20 foot wide pathway connections.
Addition of sidewalk along Farmstead Avenue from the north plat boundary to
Fallon Avenue.
Addition of pathway within the Fallon Avenue right of way.
Revision of the plat to illustrate future use of the land between the Amoco and
NSP easements.
8. Revision of the grading plan to show a more natural pond shape.
9. Submission ofa landscaping plan showing an appealing treatment of the pond
area which minimizes the need for public maintenance, such as mowing, and
which illustrates the proposed tree preservation efforts.
10. Revision of the plat to show adequate maintenance vehicle access to the pond.
11. Comments of other City Staff.
The applicant has submitted a revised plat in accordance with these conditions. Park Drive has
been shifted to the south to accommodate an expanded pathway area along the UP A easement
between the northwest corner of the plat and Pioneer Park, with the lots revised as necessary.
It appears that the proposed layout allows for a reasonable extension of Park Drive into the land
to the west, and lot lines have been extended through the Amoco easement to the edge of the
NSP power easement to avoid the remnant area previously shown.
.
Sb
Planning Commission Agenda -12/07/99
.
Remaining issues include the landscape treatment of the pond area, final determination of the
maintenance road to the pond, and consideration of a temporary cul-de-sac for the end of Park
Drive. Staff has encouraged the applicant to work with the adjoining land owner to obtain an
easement which would avoid placing the temporary cul-de-sac in the front yards of Lot 4, Block
1 and Lot 1, Block 4.
B. AL TERNA TIVE ACTIONS
Decision 1: Preliminary Plat for Klein Farms 6th Addition
1. Motion to approve the Preliminary Plat, subjectto final landscape plan submission, final
approval of the maintenance road design, and agreement on the temporary turn-around
issue for Park Drive.
2. Motion to deny the Preliminary Plat, based on findings to be established.
3. Motion to table action on the Preliminary Plat, subject to additional information.
Decision 2: Rezoning of Klein Farms 6th Addition to R-l, Single Family Residential
.
1.
Motion to recommend approval of the rezoning to R-l, based on a finding that the
zoning designation would be consistent with the low density residential
recommendations of the City's land use plan for the area.
2. Motion to recommend denial of the rezoning, based on findings developed at the
hearing.
3. Motion to table action on the rezoning, subject to additional information.
c. STAFF RECOMMENDATION
Staff recommends approval of both the plat and the rezoning. The applicant has worked with
Statfto address the issues which have been raised. Outstanding issues will not affect the layout
or Staff s recommendation.
D. SUPPORTING DATA
Exhibit A - Revised Preliminary Plat
Exhibit B - Revised Grading Plan
.
51
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7.
Continued Public Hearing - Consideration of a preliminary plat approval for Klein Farms
6th Addition. Applicant: Dave Klein
Dan Licht provided the staff report noting eleven conditions listed from the 11/2/99
Planning Commission meeting. Staff had met with the developer to discuss these and
other issues relating to the proposal. The applicant has submitted a revised plat in
accordance with these conditions.
Dan Licht advised the members of some remaining issues which included the landscape
treatment of the pond area, final determination of the maintenance road to the pond, and
consideration of a temporary cul-de-sac for the end of Park Drive. Staff has encouraged
the applicant to work with the adjoining land owner to obtain an easement which would
avoid placing the temporary cul-de-sac in the front yards of Lot 4, Block 1 and Lot 1,
Block 4. Jeff O'Neill stated that the applicant has worked with staff to address the issues
which have been raised. He also noted that the outstanding issues will not affect the
layout or staff s recommendation.
Chair Frie opened the public hearing. Dave Klein, applicant, advised the members that
he did not have time to meet with Jeff O'Neill regarding maintenance of seeding (this
will be a natural seeding, area). Mr. O'Neill states he will be talking with Steve Grittman
and that this will be covered in the Developers Agreement.
Chair Frie closed the public hearing. There was further discussion by the members
regarding a pathway that will be added from Phase 4 to Phase 6 along Fallon Ave.
Decision I: Preliminary Plat for Klein Farms 6th Addition
ROY POPILEK MOVED TO APPROVE THE PRELIMINARY PLAT, SUBJECT
TO FINAL LANDSCAPE PLAN SUBMISSION, FINAL APPROVAL OF THE
MAINTENANCE ROAD DESIGN, AND AGREEMENT ON THE TEMPORARY
TURN-AROUND ISSUE FOR PARK DRIVE. DICK FRIE SECONDED THE
MOTION, AMENDING TO ADD IMPROVEMENT COSTS PER LOT OF
DEVELOPED LAND FOR UPGRADING FALLON AVENUE TO BE
DETERMINED AT CITY COUNCIL LEVEL. Motion carried.
Decision 2: Rezoning of Klein Farms 6th Addition to R-I, Single Family Residential
RICHARD CARLSON MOVED TO RECOMMEND APPROVAL OF THE
REZONING TO R-I, BASED ON A FINDING THAT THE ZONING
DESIGNATION WOULD BE CONSISTENT WITH THE LOW DENSITY
RESIDENTIAL RECOMMENDATIONS OF THE CITY'S LAND USE PLAN
FOR THE AREA. ROD DRAGSTEN SECONDED THE MOTION. Motion
carried.
-4-
6b
?G. r<\inll..-ft6 )'l-r[-qq
Planning Commission Agenda -11/02/99
. 6.
Consideration of a reQuest for a Preliminary Plat for Klein Farms 6th Addition within the
Monticello Orderlv Annexation Area. Aoolicant: Frank Klein and Dave Klein. (NAC)
A. REFERENCE AND BACKGROUND:
Frank Klein and David Klein have submitted an application for preliminary plat for approximately
forty acres south of Klein Farms 4th Addition. The site borders the west side of Fallon Avenue,
and is crossed by a number of utility easements, including United Power Association, NSP, and
Amoco. The Monticello Orderly Annexation Area Board reviewed the proposal at its October
meeting and made the required findings of contiguity with existing City boundaries, and
consistency with the MOAA land use plan. Both the MOAA and City of Monticello land use plans
call for low density residential development on this property. The applicant has requested an R-l,
Single Family Residential zoning designation.
The development is proposed to consist of 51 single family lots on about 23 developable acres.
Another 3.07 acres is designated for park, adjoining the south line of Pioneer Park. About thirteen
acres in the southwest portion of the tract is left in an outlot due to the location of the 315 foot wide
NSP easement and accessibility problems the easement causes. A small wetland has been
delineated in the southeast portion of the property. This wetland is proposed to remain untouched.
.
The developer has designated a regional storm water pond area under a portion of the NSP
transmission lines. The City Engineer will need to comment on both the location and accessibility
of the pond for maintenance purposes. Planning staff would recommend a more natural shape to
the ponding area to avoid the proposed straight line edges. As with other similar features, a
landscape plan is requested which illustrates the proposed vegetation of the pond area. It is
recommended that plant materials be used which can withstand the wet-dry cycles of stormwater
ponds, but which do not required mowing. A mixture of shrubs and grasses would be appropriate
in the proposed location.
There are some park issues which are raised by the proposal. The plat drawing illustrates a park
in the northeast corner of the project which would be connected to the rest of the plat by pathway.
One of the proposed connections follows the UP A easement along the north boundary of the plat
to Farmstead A venue, a part of Klein Farms 4th Addition. The City has been requiring pathway
dedication along the UP A easement as other plats have developed. A 30 foot wide corridor was
preserved from the south portion of Klein Farms 4th Addition. Another 40 feet should be reserved
from the rear portion of Lots 1-4, Block I to widen this pathway. This would follow the line of
the pathway dedication east of Farmstead to the park.
.
The additional pathway dedication would cut into the rear yards of the lots, reducing their size
below the 12,000 square foot minimum. It would appear that there is adequate depth in the lots to
the south (Lots 1-5, Block 5) to make this adjustment without losing lot count.
The Parks Commission reviewed this plat and recommended approval of the park and pathway
systems. One of their specific recommendations is to include a pathway that follows the UP A
easement described above. The Park Commission's meeting minutes will be made a part of the
:sb
Planning Commission Agenda ~ 11/02/99
.
Planning Commission's review packet. The Park Commission also commented on the potential
for tree preservation within the plat. There is a significant stand of trees in the middle of the plat
area. The Grading Plan indicates a few areas where trees are to be saved. The landscaping plan
should indicate more clearly the areas and methods of tree preservation.
Street construction should be designed to match the extension of Farmstead A venue from the north,
including the requirement for sidewalks on one side. Park Drive would not require sidewalks, and
may be built at the City's narrower 30 foot width. The extension of Park Drive to the west would
likely require the wider construction standard, subject to a more thorough review of its ultimate
route. A concept plan for the neighboring property (discussed below) would be important in
helping to determine the standards for this street.
Finally with regard to pedestrian access, the plat illustrates two park/pathway access openings. The
first is from the Park to Park Drive, and the second is from the Park Drive cul-de-sac to the south.
Planning staff is not sure that these access paths would be necessary with the other pathway and
sidewalk in the subdivision. Since side yard walkways can become problems from both the
neighbors' and City's perspective, it may be best to eliminate these small paths. As a part of
consideration for access to the pond, a wider pathway/maintenance access may be considered in
Block 5, generally in the area of Lots 6-8.
.
This issue also relates to the lot layout in the northwest corner of the plat, and the impacts that the
easements will have on the future development of the neighboring property. to the west. The
current plat proposal includes a street extension into the next parcel. However, it is not clear how
this access will be utilized. It would be beneficial to see a more comprehensive sketch plan of the
area to ensure that the access street to the west is well placed.
Also relating to layout is the gap between the Amoco easement and the NSP easement. The
Amoco easement coincides with the rear lot line of the lots in this plat, but a narrow strip of land
would exist between the lots and the NSP easement. A portion of this area is proposed to be graded
for storm water management but additional development would be seemingly impossible. It may
be worthwhile to consider extending lot lines across the Amoco easement to the NSP easement to
encourage beneficial use of this area. The applicant should comment on this idea, or other concepts
which they are considering.
B. AL TERNATIVE ACTIONS
Decision 1: Rezoning from A-O to R-l, Single Family Residential
I . Motion to recommend approval of the rezoning to R -1, based on a finding that the zoning
designation would be consistent with the low density residential recommendations of the
City's land use plan for the area.
.
2.
Motion to recommend denial of the rezoning, based on findings developed at the hearing.
3. Motion to table action on the rezoning, subject to additional information. Although it
appears possible to develop this plat as proposed, from an engineering standpoint it is
6~b
.
.
.
Planning Commission Agenda ~ 11/02/99
preferable to have a complete approval from the City Engineer along with a description of
the financing plan for lateral and trunk improvements as part of preliminary plat approvaL
We do not have this information at this time.
Decision 2: Preliminary Plat for Klein Farms 6th Addition
I. Motion to recommend approval of the preliminary plat for Klein Farms 6th Addition,
subject to conditions listed in Exhibit Z, and based on a finding that the plat meets the
standards of the R-l Zoning District and the intent of the City's Comprehensive Plan.
2. Motion to recommend denial of the preliminary plat based on findings developed at the
hearing.
3. Motion to table action on the preliminary plat, subject to additional information.
C. STAFF RECOMMENDATION
Staff recommends approval of the rezoning as stated in Decision 1, Alternative I. The area is
clearly recommended for low density residential, and the R-I designation meets that intent. With
regard to the prel iminary plat, Staff recommends tabling action to address the issues raised in this
report. If the City is inclined to approve the plat at this stage, it should only with the conditions
attached as Exhibit Z. The plat is consistent with the standards of the R-I district.
Issues which need to be addressed include the location of the connection to the property to the
west, and the additional pathway route along the UP A utility easement. The requested sketch plan
would verify that the proposed street extension is the best solution, or that a revision should be
considered. Second, while there appears to be adequate area to accommodate the pathway route,
this will result in changes to the plat as welL A third issue raised is the use of the land left over,
both between the utility easements and in the southwest corner of the property. Finally, the grading
plan should be revised to show a more natural pond shape, and a landscaping plan should be
prepared which illustrates how the pond can be both a visual amenity and require minimal public
maintenance. The landscaping plan should also detail tree preservation efforts to be made during
construction.
D. SUPPORTING DATA
Exhibit A - Site Location
Exhibit B - Preliminary Plat
Exhibit C - Grading Plan
Exhibit D - Parks Commission Minutes of 10/21/99
Exhibit Z - Conditions of Plat Approval
51
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Parks Commission Minutes - 10/21/99
6.
Update on Klein Farms 6th Park.
Jeff O'Neill, Deputy City Administrator, reported that the application for the Klein Farms
6th Addition preliminary plat is on the November Planning Commission Agenda. The
Parks Commission had agreed to the concept of the Klein Farms park area being located
at the southeast side of the existing Pioneer Park at the June 24, 1999 meeting. It had
been discussed at the previous park meeting that the land was wooded and would be
added as a passive area to the existing park and also provide a buffer to the housing
development. Mr. O'Neill requested a motion stating the recommendation of the Park
Commission regarding the concept for the park area.
A MOTION WAS MADE BY EARL SMITH TO ACCEPT THE NORTHEAST 3.07
ACERS, PLUS CASH FOR REMAINING DEDICATION REQUIREMENTS, FOR
KLEIN FARMS 6TH ADDITION. THE FOLLOWING WOULD BE REQUIRED:
1. THE PLANNING COMMISSION REQUIRE A 30' P A THW A Y
ACCESS BETWEEN LOTS 6 AND 7 BLOCK 3 TO THE PARK.
2. INCLUDE A PATHWAY EXTENSION ALONG THE NORTHERN
UP A EASEMENT.
..,
.J.
REQUEST THE CITY ENGINEER TO REQUIRE A GRADING PLAN
THAT WILL PRESERVE AS MANY TREES AS POSSIBLE.
Motion passed unanimously. (Rick Traver absent)
s.t
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CONDITIONS OF PRELIMINARY PLA T APPROVAL - Klein Farms 6th Addition
1. Submission of a sketch plan showing layouts of the neighboring property to verify the feasibility
of the street connection location.
2. Incorporation of an additional 40 foot wide pathway from Farmstead Avenue to the west plat
boundary.
3. Revision of the lots to accommodate the added pathway.
4. Elimination of the internal 20 foot wide pathway connections. (This IS contrary to Parks
Commission recommendation).
5. Addition of sidewalk along Farmstead Avenue from the north plat boundary to Fallon A venue.
6. Addition of pathway within the Fallon Avenue right of way.
7. Revision of the plat to illustrate future use of the land between the Amoco and NSP easements.
8. Revision of the grading plan to show a more natural pond shape.
9.
Submission of a landscaping plan showing an appealing treatment of the pond area which
minimizes the need for public maintenance, such as mowing, and which illustrates the proposed
tree preservation efforts.
10.
Revision of the plat to show adequate maintenance vehicle access to the pond.
11.
Comments of other City Staff
12.
Preparation of a finance plan funding lateral and trunk improvements.
Exhibit Z - Conditions of Preliminary Plat Approval
51
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6.
Consideration of a request for a Preliminarv Plat for Klein Farms 6th Addition within the
Monticello Orderlv Annexation Area. Applicant: Frank Klein and Dave Klein.
The applicant has submitted an application for preliminary plat for approximately forty
acres south of Klein Farms 4th Addition to consist of 51 single family lots. The
Monticello Orderly Annexation Area Board reviewed the proposal at its October meeting
and made the required findings of contiguity with existing City boundaries, and
consistency with the MOAA land use plan. Both the MOAA and City of Monticello land
use plans call for low density residential development on this property. The applicant has
requested an R-l, Single Family Residential zoning designation. A small wetland has
been delineated in the southeast portion of the property. This wetland is proposed to
remain untouched.
Park issues, pathways, street construction and pedestrian access were also discussed.
The Parks Commission reviewed this plat and recommended approval of the park and
pathway systems. One of their specific recommendations is to include a pathway that
follows the UP A easement. A concept plan for the street extension would be important in
helping to determine the standards for this street. There were also issues with regard to
the lot layout in the northwest comer of the plat and the impacts that the easements will
have on the future development of the neighboring property to the west. Also relating to
layout is the gap between the Amoco easement and the NSP easement.
Chair Frie opened the public hearing. Tim McDougall, 4774 Diamond Dr., (northwest
comer of Klein Farms 4th Addn) stated his concern with street layout and types of homes
that would be built, as well as the proposed pathways. It was relayed to Mr. McDougall
that the City is preserving this area for future use. Dave Klein, applicant, was also
present to answer any questions. Jeff O'Neill clarified condition #6 stating the grading
plan would accommodate the pathway which would be outside of the ROW; the ROW is
being expanded. Chair Frie closed the public hearing.
There was further discussion regarding a revised preliminary plat which Mr. Klein stated
he would have available prior to the next meeting. It was also stated that preparation of a
finance plan funding lateral and trunk improvements will need to be discussed prior to the
next meeting.
ROD DRAGSTEN MOVED TO RECOMMEND APPROVAL OF THE
REZONING TO R-l, BASED ON A FINDING THAT THE ZONING
DESIGNATION WOULD BE CONSISTENT WITH THE LOW DENSITY
RESIDENTIAL RECOMMENDATIONS OF THE CITY'S LAND USE PLAN
FOR THE AREA. ROY POPILEK SECONDED THE MOTION. Motion carried.
Decision 2: Preliminary Plat for Klein Farms 6th Addition
sn
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Planning Commission Agenda -10/05/99
7.
Consideration of an amendment to the Zoning Ordinance to allow for a deferral of
parking lot paving and/or curb requirements in the Business Districts. Applicant: City
of Monticello. (NAC)
A. REFERENCE AND BACKGROUND:
Following requests which were heard at a previoLls Planning Commission meeting, the
Commission directed staff to investigate the possibility of establishing a process for
deferring paving and/or curbing requirements for certain commercial uses. The current
zoning regulations allow for such a deferral for industrial uses in the industrial districts. A
separate text amendment would be necessary to accommodate these requests in commercially
zoned areas.
If such a process is to be proposed, it is recommended that a Conditional Use Permit be Llsed.
This is the process used for industrial districts, and the same general process would be
appropriate to avoid confusion. However, there are different standards which would be
applicable to commercial uses. For the industrial district, the intent ofthe deferral is to allow
for the likelihood of future expansion where the installation of concrete curb would be
inappropriate based on the expansion plan.
Few commercial uses have this characteristic. Instead, the request being made in the
previous commercial applications was for a deferral to allow a lesser immediate installation
cost where an existing (usually non-conforming) business was remodeling and redeveloping
over time. This was the case with both Little Mountain Feed and Hawk's Bar. For these
uses, the issue is whether a limited improvement to an existing property, even without proper
paving or curbing, is preferable to no improvement at all. In some cases, there may be a
concern that adding the cost of paving or curbing as a condition to the approval of an
expansion may stop any improvement to the site.
One option, therefore, would be to allow the paving/curbing deferral for a limited time, and
only for those businesses which are existing, and where the expansion or remodeling is
correcting some other significant deficiency with respect to the zoning ordinance. For
instance, replacing a non-conforming sign with a conforming sign, eliminating a setback
encroachment, screening an outdoor dumpster, or eliminating an illicit outdoor storage area.
Effectively, the City would be conditionally allowing the use of a site based on a finding that
the improvements resolve some tangible zoning issue, exceeding ( on balance) the negative
created by deferring the paving and/or curbing. Any such deferral should also require a
recommendation by the City Engineer that traffic and drainage may be handled effectively
without the deferred improvements.
The primary concern with this issue is one of enforcement. Since it is unlikely that the City
would be able to require a financial security (on the assumption that the request is based in
6~
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Planning Commission Agenda -10/05/99
economics), the primary enforcement measure is revoking the Conditional Use Permit, and
perhaps, suing for compliance with the terms of the Zoning Ordinance. This seems to be an
unlikely scenario. As such, the draft ordinance includes a provision that the Conditional Use
Permit would lapse if not complied with in a timely manner, and the property would be
considered a non-conforming use until it were brought into full compliance with all portions
of the Zoning Ordinance. It is not clear that this would inspire compliance, however.
B. AL TERNATIVE ACTIONS
1. Motion to recommend approval of the amendment to the Zoning Ordinance allowing
deferral of paving and/or curbing requirements in the Business Districts as proposed.
2. Motion to recommend denial of the amendment, based on a finding that the
amendment would be difficult to apply and to enforce.
3. Motion to table action on the amendment, subject to additional information.
.
C. STAFF RECOMMENDATION
Staff does not recommend approval of the amendment. The difficulty in tracking and
enforcing this CUP would be great, and staff is concerned as to the ability to distinguish
between properties which are to be approved or denied the deferral. The only distinction is
one of economics, which makes it difficult to evaluate different proposals on a legitimate
land use basis. If the amendment is to be considered for approval, it will be important to
include clear findings as to the benefit which is being "traded" for deferral.
D. SUPPORTING DATA
Exhibit A - Draft Ordinance Amendment
5E
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f. C. . IY,\ i IU.J..:;t:.U::) Il> - 5 -I..[ '1
7.
Consideration of an amendment to the Zoning Ordinance to allow for a deferral of
parking lot puvinlZ and/or curb reljuirements in the Business Districts. Applicant: City of
Monticello.
Steve Grittman provided the staff report. Following requests which were heard at a
previous Planning Commission meeting, the Commission directed staff to investigate the
possibility of establishing a process for deferring paving and/or curbing requirements for
certain commercial uses. The current zoning regulations allow for such a deferral for
industrial uses in the industrial districts. A separate text amendment would be necessary
to accommodate these requests in commercially zoned areas.
If such a process is to be proposed, it is recommended that a Conditional Use Permit be
used. This is the process used for industrial districts, and the same general process would
be appropriate to avoid confusion. However, there are different standards which would
be applicable to commercial uses.
Previous commercial applications were for deferral to allow a lesser immediate
installation cost where an existing (usually non-confonning) business was remodeling
and redeveloping over time. This was the case with both Little Mountain Feed and
Hawk's Bar. For these uses, the issue is whether a limited improvement to an existing
prope11y, even without proper paving or curbing, is preferable to no improvement at all.
In some cases, there may be a concern that adding the cost of paving or curbing as a
condition to the approval of an expansion may stop any improvement to the site.
One option. therefore, would be to allow the paving/curbing deferral for a limited time,
and only for those businesses which are existing. and where the expansion or remodeling
is correcting some other significant deficiency with respect to the zoning ordinance. Any
such deferral should also require a recommendation by the City Engineer that traffic and
drainage may be handled effectively without the deferred improvements.
The primary concern with this issue is one of enforcement. Since it is unlikely that the
City would be able to require a financial security (on the assumption that the request is
based in economics), the primary enforcement measure is revoking the Conditional Use
Permit, and perhaps, suing for compliance with the terms of the Zoning Ordinance. This
seems to be an unlikely scenario. As such, the draft ordinance includes a provision that
the Conditional Use Permit would-lapse ifnot complied with in a timely manner, and the
property would be considered a non-conforming use until it were brought into full
compliance with all portions of the Zoning Ordinance. It is not clear that this would
inspire compliance, however.
Chair Frie opened the public hearing. No one was present. Chair Frie closed the public
hearing. ,
Concerns of the members were specifically of enforcement. Some suggestions were to
make a determination based on percentage of improvements being made to existing
property and the burden of the Building Official to determine this. A suggestion was to
prepare a deferral Clause, but again it was noted that enforcement would be an issue as
there is no real threat to a business if they do not abide by the clause.
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Planning Commission Minutes - 10/05/99
.
The Monticello Country Club was also discussed as to whether or not it is significant for
them to install curb and gutter other than aesthetics and it was stated it is important for
traffic control as well as protection and longevity of the pavement. Typically drainage is
an issue, although not in the case of the golf course. The members discussed the
possibility of deferring these requirements in lieu of a correction of some other kind.
Again, the problem would be enforcement at a later date. The members would like to be
able to look at each case individually but do recognize that this would cause
inconsistencies.
A MOTION WAS MADE BY DICK FRIE TO CONTINUE THE PUBLIC
HEARING AND TABLE ACTION ON THE AMENDMENT, SUBJECT TO
ADDITIONAL INFORMATION AND RE-NOTIFICA TION TO INCLUDE ALL
DISTRICTS. RICHARD CARLSON SECONDED THE MOTION. Motion
carried.
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Planning Commission Agenda -11/02/99
7.
Consideration of an amendment to the ZoniD!! Ordinance to allow for a deferral of
oarking lot pavinl!and/orcurb requirements in the Business Districts. Aoolicant: City
of Monticello. (NAC)
A. REFERENCE AND BACKGROUND:
Following requests which were heard at a previous Planning Commission meeting, the
Commission directed staff to investigate the possibility of establishing a process for
deferring paving and/or curbing requirements for certain commercial uses. The current
zoning regulations allow for such a deferral for industrial uses in the industrial districts. A
separate text amendment would be necessary to accommodate these requests in commercially
zoned areas.
If such a process is to be proposed, it is recommended that a Conditional Use Permit be used.
This is the process used for industrial districts, and the same general process would be
appropriate to avoid confusion. However, there are different standards which would be
applicable to commercial uses. For the industrial district, the intent of the deferral is to allow
for the likelihood of future expansion where the installation of concrete curb would be
inappropriate based on the expansion plan.
Few commercial uses have this characteristic. Instead, the request being made in the
previous commercial applications was for a deferral to allow a lesser immediate installation
cost where an existing (often non-conforming) business was remodeling and redeveloping
over time. This was the case with both Little Mountain Feed and Hawk's Bar. For these
uses, the issue is whether a limited improvementto an existing property, even without proper
paving or curbing, is preferable to no improvement at all. In some cases, there may be a
concern that adding the cost of paving or curbing as a condition to the approval of an
expansion may stop any improvement to the site.
One option, therefore, would be to allow the paving/curbing deferral for a limited time, and
only for those businesses which are existing, and where the expansion or remodeling is
correcting some other signficant deficiency with respect to the zoning ordinance. For
instance, replacing a non-conforming sign with a conforming sign, eliminating a setback
encroachment, screening an outdoor dumpster, or eliminating an illicit outdoor storage area.
Effectively, the City would be conditionally allowing the use of a site based on a finding that
the improvements resolve some tangible zoning issue, exceeding (on balance) the negative
created by deferring the paving and/or curbing. Any such deferral should also require a
recommendation by the City Engineer that traffic and drainage may be handled effectively
without the deferred improvements.
The primary concern with this issue is one of enforcement. Since it is unlikely that the City
would be able to require a financial security (on the assumption that the request is based in
economics), the primary enforcement measure is revoking the Conditional Use Permit, and
E5EE 5
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Planning Commission Agenda -11 /02/99
perhaps, suing for compliance with the terms of the Zoning Ordinance. This seems to be an
unlikely scenario. As such, the draft ordinance includes a provision that the Conditional Use
Permit would lapse if not complied with in a timely manner, and the property would be
considered a non-conforming use until it were brought into full compliance with all portions
of the Zoning Ordinance. It is not clear that this would inspire compliance, however.
Finally, the draft ordinance has been written to include both the PZM and A-O Districts as
potential applications. The Planning Commission's interest was in allowing flexibility for
both the Golf Course expansion and those commercial uses which have converted former
residential buildings along Broadway. The new draft would apply the same standards to
these areas as for other applicable sites.
B. AL TERN A TIVE ACTIONS
1. Motion to recommend approval of the amendment to the Zoning Ordinance allowing
deferral of paving and/or curbing requirements in the Business Districts as proposed.
2. Motion to recommend denial of the amendment, based on a finding that the
amendment would be difficult to apply and to enforce.
.
3.
Motion to table action on the amendment, subject to additional information.
C. STAFF RECOMMENDATION
As noted previously, the difficulty in tracking and enforcing this CUP would be great, and
staffis concerned as to the ability to distinguish between properties which are to be approved
or denied the deferral. The only distinction is one of economics, which makes it diflicult to
evaluate different proposals on a legitimate land use basis. If the amendment is to be
considered for approval, it will be important to include clear findings as to the benefit which
is being "traded" for deferral.
The ordinance is set up to allow properties which are being expanded or remodeled, typically
to allow for a new use. The ordinance does not attempt to incorporate valuation issues as it
has been our experience that such clauses are difficult to evaluate. Instead, the requirements
of the permit allow the City some flexibility in determining where the deferral will be
allowed, and incorporates the approval of the City Engineer regarding drainage and traffic
control as well.
D. SUPPORTING DATA
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Exhibit A - Draft Ordinance Amendment
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be: (p
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7.
of
Steve Grittman provided an updated draft ordinance noting the CUrrent zoning regulations
allow for such a deferral for industrial uses in the industrial districts. A separate text
amendment would be necessary to accommodate these requests in commercially zoned
areas.
The draft ordinance has been written to include both the PZM and A-O Districts as
potential applications. The Planning Commission's interest was in allowing flexibility
for both the Golf Course expansion and those commercial uses which have converted
fonner residential buildings along Broadway. The new draft would apply the same
standards to these areas as for other applicable sites. The primary concern with this issue
is one of enforcement.
Chair Frie opened public hearing and upon hearing no response, Chair Frie closed the
public hearing. There was discussion among the commissioners stating enforcement
would be very difficult, possibly seeking financial surety in the form of a bond or a letter
of credit would be necessary, or the business should have proof of parking rather than the
City changing the ordinance. It was the consensus of the members to seek more
information regarding financial surety and enforcement options.
Planning Commission Minutes. 11/02/99
ROBBIE SMITH MOVED TO TABLE ACTION ON THE AMENDMENT,
SUBJECT TO ADDITIONAL INFORMATION. ROY POPILEK SECONI>ED
THE MOTION. Dick Frie opposed. Motion carried 4 to I.
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12.
Continued Public Hearing - Consideration of an amendment to the Zoning Ordinance to
allow for a deferral of parking lot paving and/or curb requirements in the Business
Districts. Applicant: Citv of Monticello.
Jeff O'Neill provided the report, noting that Fred Patch had checked into bonds, the cost
being approximately 1 % to 5%, noting the power of the bond is its ability to damage the
credit of the person getting the bond and submitting it to the City, but the bonding issue is
really a negative approach. Fred stated the option of determining 25% of the taxable
market value would be more appropriate. An example given was that if a business was
:P1QJ\n,~ CDfflrf\\5S>i ~ Wi,nVlKS
1 ?--1-L1 q
going to put at least 25% back into their business, they would be required to put in
paving/and or curb. If the improvements were less than 25%, they would not be required
to install at that time, but it would be accumulative and once reaching 25% they would be
required to install. Also, paving and curbing required for ~ parking areas required
and/or when the City Engineer requires the paving or curb and gutter for controlling
storm water.
Chair Frie opened the public hearing. Being no one present, the public hearing was
closed.
It was again stated that staff was looking for guidance from the Planning Commission.
Dan Licht added that in Otsego curb is required at least around the expanded area, if not
around the entire area and that they are firm on this requirement. Fred Patch asked that if
the ordinance was stated as such, and recommended by the City Engineer, this could be
done.
CHAIR FRIE MOVED TO TABLE ANY ACTION PENDING FURTHER INPUT
FROM STAFF. RICHARD CARLSON SECONDED THE MOTION. Motion
carried.
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10.
Planning Commission Agenda -01/04/99
Consideration of an amendment to the Zonin~ Ordinance to allow for the deferral of
parkin~ lot paving and/or curbin~ reauirements. Applicant: City of Monticello. (NAC)
A. REFERENCE AND BACKGROUND:
The Planning Commission tabled action on the paving and curbing deferral ordinance for the
purpose of adding sections which would limit the size of projects which would be eligible
and require paving and curbing for the portion of an expansion which causes an increase in
parking requirements. Staffhas included language for those sections, but has exempted the
A-O District from those standards to avoid conflicts with the Golf Course deferral request.
As now written, the proposed ordinance would allow deferrals of paving, curbing and
landscaping by CUP in the following situation:
.
The property must be developed, and being redeveloped for a change of use. Vacant
parcels would not qualify for the deferral.
The City Engineer would have to certify that the site will not need curbing for
drainage purposes, and approve a drainage plan.
The Planning Commission must find that an existing non-conformity is being
eliminated as a condition to granting the parking lot deferral.
The applicant must submit full plans.
The deferral is for no more than two years.
Except in the A-O District, paving and curbing would be required for parking lots
attributable to expansion areas, but the deferral could be given for existing parking
demand.
Except in the A-O District, properties undergoing an expansion/remodeling of more
than 25% of their value would not qualify for the deferral.
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B. ALTERNATIVE ACTIONS
Decision 1:
1. Motion to recommend approval of the ordinance as submitted.
2. Motion to recommend denial of the ordinance as submitted.
3. Motion to table action on the ordinance, subject to additional information.
c. STAFF RECOMMENDATION
Staff has no additional recommendation on this item.
D. SUPPORTING DATA
Exhibit A - Draft Ordinance
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City of Monticello
Wright County, Minnesota
AN ORDINANCE AMENDING TITLE 10, CHAPTER 3, SECTION 3-5 [0], OF THE
MONTICEllO ZONING ORDINANCE RELATING TO PAVING AND CURBING
REQUIREMENTS IN THE A-O, B-1, B-2, B-3, B-4 and PZM ZONING DISTRICTS.
THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA HEREBY ORDAINS
AS FOLLOWS:
Section 1.
Chapter 3, Section 3-5 [0] is amended by adding the following:
[0] 9. (t)
STALL, AISLE, AND DRIVEWAY DESIGN CONDITIONAL
USE PERMIT IN THE A-O, B-1, B-2, B-3, B-4 AND PZM
DISTRICTS:
Staff, aisle, and driveway design requirements as noted in (k)
Surfacing, (0) Curbing and Landscaping, and (r) Curbing, may
be lessened subject to the following conditions:
I. Any reduction in requirements requires completion of
the conditional use permit process outlined in Chapter
22 of this ordinance.
II. Final approval of parking and driveway drainage plans
associated with a conditional use permit request shall
be provided in writing by the City Engineer. The City
Engineer must certify that curbing is not necessary to
control drainage on the site. Engineering expenses
greater than the portion of building permit fee allocated
for engineer plan review shall be paid by applicant prior
to occupancy.
iii. Only properties which have existing buildings and are
being expanded or remodeled for a new use shall be
eligible for this conditional use permit.
IV.
The applicant must show, and the Planning
st::
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Commission must find, that there are existing non-
conformities of the property which are being eliminated
by the expansion or remodeling which justify a deferral
to the paving, landscaping, or curbing requirements.
v.
A deferral shall be considered by the City as a part of
an application which includes full site plans, drawn to
scale, of both the immediate paving, landscaping and
curbing improvements and the ultimate paving,
landscaping, and curbing improvements.
VI.
A deferral of the paving, landscaping, and/or curbing
shall be granted for no more than two (2) years, after
which the paving, landscaping, and curbing shall be
brought into conformance with the zoning ordinance
and the approved plans.
VII.
In all districts other than the A-O District, this deferral
shall apply only to the required paving, curbing and
landscaping which is applicable to the existing portion
of the use and building. Paving, curbing and
landscaping attributable to any expansion shall be
installed at the time of the expansion.
VIII. In all districts other than the A-O District, this deferral
shall be available only to those properties where the
total value of building expansion or remodeling (as
determined by the City of Monticello's Building Official)
is equal to no more than 25% of the Estimated Market
Value (EMV) of the Building as established by the
Wright County Assessor at the time of the permit
request. Subsequent requests shall use the original
EMV as the baseline value.
Section 2.
This ordinance shall become effective from and after its passage and publication.
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Planning Commission Minutes - 01/04/00
DRAFT Minutes 01/04/00
10. Consideration of an amendment to the Zoning Ordinance to allow for the deferral
of parkin!! lot pavinl! and/or curbin!! requirements. Applicant: City of Monticello.
Steve Grittman provided the members with a revised ordinance noting the addition of
items vii and viii. He also noted a list of situations whieh would allow for deferrals of
paving, curhing and landscaping by conditional use permits.
Chair Frie opened the public hearing. With no one present, the public hearing was
closed.
It was noted by the members after further discussion that any requests for deferrals would
have to have the approval of the City Engineer.
ROD DRAGSTEN MOVED TO RECOMMEND APPROVAL OF AN
AMENDMENT TO THE ZONING ORDINANCE TO ALLOW FOR THE
DEFERRAL OF PARKING LOT PAVING AND/OR CURBING
REQUIREMENTS. RICHARD CARLSON SECONDED THE MOTION. Motion
carried.
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City Council Agenda - 0 I /24/00
5E.
Consideration of amendment to the zoning ordinance to allow for deferral of parking
lot pavinl! and/or curb requirements in the Business Districts. (JO)
REfERENCE;; AND BACKGROUND
The Planning Commission has given great thought to the possibility of providing additional
flexibility to businesses with regard to deferral of parking lot paving and/or curb
requirements in the business district. This ordinance amendment was initiated primarily by
the Planning Commission due to some concern that in certain instances it may not be
appropriate to require curb and gutter upon business expansion. The review process started
after I Iawks Bar requested a deferral on construction of curb and gutter with the expansion
recently approved. Similarly, the review was encouraged by the Golf Course' request for a
deferral of parking requirements. As you review the Planning Commission information and
discussion, you will find that this issue received a tremendous amount of attention and
discussion.
In summary, the amendment as proposed will allow deferral of parking and curb
requirements under special circumstances which are identified in the ordinance. Although
the intent was to provide additional flexibility in deferring parking lot improvements, it is
the view of City staff that provisions of this new code will be used on a very limited basis
and is not likely to have a great impact on current standards. Please note that the Planning
Commission was very concerned with providing too much flexibility with regard to paving
and curb requirements, as the requirement for curb and gutter, for the money, truly enhance
the appearance of commercial areas and support proper management of stormwater. Under
the proposed ordinance, Hawks Bar would not be eligible for deferral of parking. On the
other hand, the Golf Course, located in the Ag district, would be eligible for the parking lot
deferral via a CUP process.
ALTERNATIVE ACTIONS
1. Motion to adopt the recommendation and findings presented to the City Council by
the Planning Commission.
2. Motion to deny approval of the ordinance amendment as proposed.
RECOMMENDA TION
Staff recommends that the City Council adopt the ordinance amendment as proposed by the
Planning Commission.
SUPPORTING DATA
Copy of proposed ordinance amendment, along with Planning Commission agenda
supplements and meeting minutes.
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Council Agenda - 1/24/00
SF. Consideration of resolutions establishing agreements with Marauette Bank to utilize
software for automated transactions and account access and reoorting. (C.S., R.W.)
A. REFERENCE AND BACKGROlJND:
The City's Finance Department is planning to implement a software package from
Marquette Hank which will allow us to view our bank account transactions and print
reports through a modem connection. We will also utilize the system for automated
clearing house transactions such as wire transfers and direct deposits. This will allow us
to receive banking information and process transactions in a more timely manner.
Marquette Bank requires signed agreements that establish policies regarding the use of
the software. The agreements must be accompanied by a resolution certiflying
authorization to execute the agreements and verifying names and signatures of the city's
authorized [bank] signers.
B. ALTERNATIVE ACTIONS:
1.
Approve the resolutions authorizing the city to execute agreements to utilize the
Marquette Bank automated software.
.
2. Deny the resolutions.
C. STAFF RECOMMENDATION:
It is the recommendation of the City Administrator and the finance department that the
resolutions be approved.
D. SUPPORTING DATA:
Copy of proposed resolutions and agreements.
.
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RESOLUTION NO. 2000-6
Establishing BOI Balance and Statement Reporting Agreement
Depositor/Customer: City of Monticello
Financial Institution: Marquette Bank, N.A.
Account No: 7600017
I, the undersigned, the City Administrator of the City of Monticello named above (the
"Customer") HEREBY CERTIFY that the Customer is organized and existing under the laws of
the State of Minnesota, with its principal otTice at 505 Walnut Street, Suite 1, Monticello, MN
55362.
CUSTOMER'S NAME: The City of Monticello is the complete and correct name of the
Customer.
I FURTHER CERTIFY that at a meeting of the City Council of the Customer duly and regularly
called and held on January 24, 2000, at which a quorum was present and voting, the following
resolutions were adopted:
RESOL VED, that the Finance Department of the City of Monticello is hereby authorized to
execute the BOI Balance and Statement Agreement (the "Agreement") on behalf of the Customer
with Marquette Bank, a bank (the "Bank") providing the Customer with computer access to
information relating to the Customer's accounts held at the Bank and designated by the Customer
and approved by the Bank in the Agreement (the "Account's"), and also allowing the Customer
to electronically initiate internal transfers on said Account(s) in accordance with the terms and
conditions of the Agreement.
FURTHER RESOLVED, that any of the following named officers or employees of the
Customer, whose actual signatures are shown below (the Authorized Signor(s)) are authorized,
on behalf of the Customer, to execute any amendments to the Agreement, to execute such other
agreements and to perform such other acts as they deem necessary to carry out the provisions of
these resolutions and the terms of the Agreement.
AUTHORIZED SIGNORS
Name Rick Wolfsteller
Signature
Title City Administrator
Date
Name Sue Thibodeaux
Signature
Title Bookkeeper
Date
Name Catherine M. Shuman
Signature
Title Finance Assistant/MIS
Date
5\:
FURTHER RESOLVED, that the authority hereby conferred herein shall remain in full force and
. effect until written notice of its revocation shall be received by the Bank at its office.
I FURTHER CERTIFY that the persons named above occupy the positions set opposite their
respective names, that the signatures set forth above are genuine and that the foregoing
resolutions are in full force and effect and have not been modified in any manner. The Bank
shall be indemnified and held harmless from any loss suffered or any liability incurred by it in
continuing to act in accordance with this resolution.
IN TESTIMONY WI-IEREOF, I have hereunto set my hand this 241h day of January, 2000.
City Administrator
(Seal)
Mayor
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RESOLUTION NO. 2000-5
Establishing Automated Clearing House (ACH) Originations Agreement
Depositor/Customer: City of Monticello
Financial Institution: Marquette Bank
Account No: 7600017
I, the undersigned, the City Administrator of the City of Monticello named above (the
"Customer") 1 rEREBY CERTIFY that the Customer is organized and existing under the laws of
the State of Minnesota, with its principal office at 505 Walnut Street, Suite 1, Monticello, MN
55362,
CUSTOMER'S NAME: The City of Monticello is the complete and correct name of the
Customer.
I FURTlIER CERTIFY that at a meeting of the City Council of the Customer duly and regularly
called and held on January 24, 2000, at which a quorum was present and voting, the following
resolutions were adopted:
RESOL VED, that the Finance Department of the City of Monticello is hereby authorized to
execute the BOI Automated Clearing House "ACE" Originations Agreement (the "Agreement")
on behalf of the Customer with Marquette Bank, a bank (the "Bank") allowing the Customer to
initiate ACI I transfers by means of the automated clearing house operating by the Federal
Reserve Bank with the Bank acting as the Originating Financial Institution, on the Customer's
accounts held at the Bank and designated by the Customer and approved by the Bank in the
Agreement (the "Account's"), in accordance with the terms and conditions of the Agreement
rURTHER RESOL VED, that any of the following named officers or employees of the
Customer, whose actual signatures are shown below (the Authorized Signor(s)) are authorized,
on behalf of the Customer, to execute any amendments to the Agreement, to execute such other
agreements and to perform such other acts as they deem necessary to carry out the provisions of
these resolutions and the terms of the Agreement
AUTHORIZED SIGNORS
Name Rick Wolfsteller
Signature
Title City Administrator
Date
Name Sue Thibodeaux
Signature
Title Bookkeeper
Date
Name Catherine M, Shuman
Signature
Title Finance Assistant/MIS
Date
st:
.
.
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fURTHER RESOLVED, that the authority hereby conferred herein shall remain in full force and
dIect until written notice of its revocation shall be received by the Bank at its office.
I FURTHER CERTIFY that the persons named above occupy the positions set opposite their
respective names, that the signatures set forth above are genuine and that the foregoing
resolutions are in full force and effect and have not been modified in any manner. The Bank
shall be indemnified and held harmless from any loss suffered or any liability incurred by it in
continuing to act in accordance with this resolution.
IN TESTIMONY WHEREOF, I have hereunto set my hand this 24th day of January, 2000.
City Administrator
(Seal)
Mayor
SJ:
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AUTOMATED CLEARING HOUSE ("ACH")
ORIGINATIONS AGREEMENT
THIS AGREEMENT (the "ACH Agreement") is made and entered into this
, by and between (the "Bank") and (the "Customer").
day of
WHEREAS, the Customer wishes to initiate ACH transfers by means of the automated clearing
house (the "ACH") operated by the Federal Reserve Bank (the "FRB") and the Bank is willing to act as the
Originating Depository Financial Institution ("ODFI") with respect to such transfers; and
WHEREAS, the Bank is willing to originate ACH transfers on behalf of the Customer subject to the
terms and conditions of this ACH Agreement.
NOW THEREFORE, the Bank and the Customer hereby agree as follows:
1. Definitions. Unless otherwise expressly defined herein capitalized terms shall have the
meanings provided in the National Automated Clearing House Association Operating Rules.
Account or Accounts. The Customer's Business Checking and Savings Accounts maintained by
the Customer at the Bank and which the Customer and the Bank have agreed in writing will be
subject to this ACH Agreement and identified in the applicable service exhibit (the "Service
Exhibit") attached hereto for the services selected by the Customer.
Authorized Signor. Any individual the Customer has authorized in its resolution delivered to the
Bank to; (i) sign this ACH Agreement and any other related agreement on behalf of the
Customer; (ii) request the Bank to terminate an existing Voice Retrieval Code and issue and new
Voice Retrieval Code; and (iii) add or delete an Authorized Signor.
Communications Password. The password provided to the Customer by the Bank which when
used together with the Customer Identification Number allows the Customer to access the Bank-
On-It ("BOI") System to initiate ACH transactions.
Customer Identification Number. The number provided to the Customer by the Bank which
when used together with the Communications Password allows the Customer to access the BOI
System to initiate ACH transactions.
Customer. The business entity identified above.
User Name and Password. A User Name and Password are provided to the Customer by the
Bank in order to allow the Customer to make its initial access into the BOI Transact System. The
Customer's employee responsible for controlling the use of the BOI Transact System should then
assign a User Name and Password to each employee of the Customer who will have authority to
perform functions on the BOI Transact System The Bank shall have no knowledge of the
Customer's User Name and Password or any changes thereto.
User. Any individual that the Customer has authorized to access the BOI Transact System on
behalf of the Customer.
Voice Retrieval Code (the "Voice Retrieval Code"). The personal identification number
provided to the Customer by the Bank which identifies the Customer and which the Customer
must provide to the Bank on the Bank's Voice Retrieval System each time the Customer initiates
an ACH transmission.
s):.
2.
Services. The Customer may elect any of the following ACH transfer services provided by the
Bank.
.
(Check the applicable ACH transfers services)
o BOI Transact System ACH Transmissions. The Customer will initiate ACH transfers
directly to the Bank through on-line access to the Bank's BOI Transact System. (If the
Customer chooses this service the Service Exhibit A which sets forth additional terms and
conditions must also be signed by the Customer.)
o Direct Transmissions. The Bank will process ACH transfers submitted to the Bank by the
Customer. (If the Customer chooses this service then Service Exhibit B which sets forth
additional terms and conditions must also be signed by the Customer)
o Transmissions Through Customer's Third-Party Vendor. The Bank would process ACH
transfers based on information provided to the Bank by the Customer's third-party vendor.
(If the Customer chooses this service the Service Exhibit C which sets forth additional
terms and conditions must also be signed by the Customer.)
3.
Training and Telephone Support for the BOI Transact System. If the Customer selects the
BOI Transact System, the Bank will provide the Customer with four (4) hours of free on-site and/or
telephone installation and support training as part of the software fee. Installation and/or support
training in excess of the initial four (4) hours will be billed at the Bank's then current hourly rate for
those services which is $75.00. The Bank reserves to change the hourly rate, at any time, at its
sole discretion. If the training is to be conducted on-site the Bank may also require that it be
reimbursed for its travel and lodging expenses.
.
The Bank will also provide the Customer with a reasonable amount of on-going telephone support
to answer questions regarding the operation and use of the BOI System, at no charge.
4. Transmittal of Entries by the Customer. Transmissions initiated by the Customer will be
governed by the National Automated Clearing House Association ("NACHA") Operating Rules, as
amended from time to time ("Rules"). The Customer, or its third party vendor, if that service is
selected, shall transmit Entries to the Bank in compliance with formatting the requirements of the
Rules and any other requirements of the Bank, including but not limited to, a File of payees'
names, bank ABA numbers, account numbers, debit and credit amounts. The Bank shall have no
obligation to act on Entries received that do not comply with the foregoing requirements, or to
reverse, adjust, or stop payment or posting of any Entries received or prepared based on the data
from the CUstomer.
M... The total dollar amount of Entries transmitted by the Customer to the Bank, daily, shall not exceed
-r $ 5" /'I..,'I//an,. for Credit Entries and $5' /l1/ II/<.Jh. for Debit Entries.
5. Delivery Deadlines. All Entries from the Customer must be received by the Bank prior to 3:00
p.m. CST on a business day and not less than one (1) business day prior to the Effective Date of
such Entry.
6. Discontinue or Change Service. The Bank reserves the right to discontinue or change any of
the ACH services set forth above, at any time, at its sole discretion.
7.
No Verification. The Customer agrees that unless expressly stated to the contrary herein and
notwithstanding the terms and conditions of any agreement between the Bank and the Customer,
the Bank will not call the Customer or any of the Customer's Users to verify transaction requests
using the Customer's Name and Password and Voice Retrieval Code.
.
8. Honoring Transactions. The Bank is under no obligation to honor, either in whole or in part, any
transfer requests which: (i) exceed the Customer's available funds in the Accounts with the Bank;
5~
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.
14.
.
(ii) are not in accordance with any condition agreed to by the Customer in this ACH Agreement,
or in the documents governing the Accounts; or (iii) are not in accordance with the Security
Procedures, as set forth in Section 15 of this ACH Agreement or any other requirements of the
Bank. The Bank may, at its sole discretion, create an overdraft in the Customer's Account to
complete a transfer which the Customer agrees to repay to the Bank upon demand, together with
interest, at the Bank's then current per diem interest rate for such overdrafts, a processing fee,
and, if necessary, the cost of collection. The Bank is not and shall not be liable for failing or
refusing to perform any transaction which does not include all information necessary for its
completion or which would violate this ACH Agreement or any other agreement with the Bank.
9.
Hardware, Equipment and Software. The Customer is responsible for obtaining, installing,
maintaining and updating the necessary software, hardware and related equipment needed to
utilize the particular services selected by the Customer.
10.
Documentation. Prior to executing this ACH Agreement the Customer must provide all the
documentation reasonably required by the Bank, including but not limited, to the Bank's resolution
attached hereto as Exhibit D.
11.
User Manual for 801 Transact System. If the BOI Transact System is selected, the Customer
will be provided with one BOI Transact System User Manual (the "User Manual") describing the
operation and services of the 801 Transact System. The Customer agrees to be bound to the
terms and conditions of the User Manual. The Customer agrees not to copy or otherwise duplicate
the User Manual or any periodic updates and further agrees to return the User Manual and any
updates upon termination of this ACH Agreement.
12.
801 Transact System Voice Retrieval Code and User Name and Password. If the BOI
Transact System is selected by the Customer, the Bank shall provide the Customer with the Voice
Retrieval Code and Password (as identified in Section 15(ii) of this ACH Agreement) for that
service to initiate ACH transactions. The Customer is responsible for the distribution of the Voice
Retrieval Code and Password to its Users.
13.
Sub-License of 801 Transact System. If the Customer selects the BOI Transact System, the
Bank is the holder of a non.exclusive license to offer the BOI Transact System software to its
customers and hereby grants to the Customer a non-transferable sub-license for the BOI Transact
System software, subject to the terms and conditions of this ACH Agreement. The Customer
acknowledges and agrees that the BOI Transact System software is the property of Global
Payment Systems, Inc. ("Licensor") and being offered to the Customer by the Bank subject to the
procedures and requirements of the Licensor as may be established by the Licensor from time to
time. The Customer agrees that it; (i) has no right, title or interest in the BOI Transact System
software; (ii) will not make or permit any third party to make copies of said software; (iii) will be
bound by the terms and conditions of the Global License Agreement; and (iv) will return the BOI
Transact System software to the Bank immediately upon the termination of this ACH Agreement.
Fees and Charges; Payment; Security Interest. The fees and charges to the Customer for the
services selected by the Customer are set forth in the Service Exhibit which is applicable to the
selected services. The Customer agrees to pay such fees and charges and authorizes the Bank
to charge the Customer's Accounts for said fees and charges. It is understood and agreed that
these fees and charges relate only to the utilization of the selected services and are exclusive of
other fees and charges that may otherwise be imposed by the Bank upon the Account. The Bank
reserves the right to increase its fees and charges set forth in the Service Exhibits, or to impose
additional fees and charges, in its sole discretion upon written notice to the Customer.
The Customer grants the Bank a security interest in all property of the Customer held in the
Bank's possession to secure payment of the Customer's obligations under this ACH Agreement.
5F-
.
.
.
15.
Security Procedures for ACH Transactions. The Customer agrees to comply with the following
requirements and procedures in using the selected services which requirements and procedures
can be amended by the Bank at any time.
(i) The Customer must complete the information required by the Bank for each of its
Authorized Signors.
(ii) The Customer must use its (a) User Name and Password, (b) Communications
Password, and (c) Customer Identification Number to access the BOI Transact
System along with its Voice Retrieval Code to initiate ACH transactions.
(iii) The Customer will advise its Users which of its accounts are subject to this ACH
Agreement and can be accessed by the User.
(iv) The Customer will establish and maintain procedures necessary to detect and
prevent improper access to any of its Password, or the Voice Retrieval Code for
the 801 Transact System by unauthorized persons and to ensure that the
Password and the Voice Retrieval Code will be maintained in the strictest
confidence.
(v) If the Customer believes that its Communications Password or its Voice Retrieval
Code to the BOI Transact System has become known to any unauthorized
person, the Customer shall immediately provide telephone notice to the Bank to
be followed by written notice delivered to the Bank as soon as reasonably
possible.
(vi)
The Customer, through an Authorized Signor, may change the Voice Retrieval
Code by written request received by the Bank at least three (3) business days in
advance. The Customer authorizes the Bank to act upon written requests
reasonably believed by the Bank to be from an Authorized Signor. In an
emergency, an Authorized Signor of the Customer may verbally request the
immediate termination of a Voice Retrieval Code. The Bank will use reasonable
efforts to terminate the Voice Retrieval Code as soon as reasonably possible and
to provide the Customer with a new Voice Retrieval Code.
(vii) The Customer may add or delete any Authorized Signor by written notice
delivered to the Bank signed by the number of Authorized Signor(s) required in
the resolution delivered to the Bank, other than the one(s) being added or
deleted. Such notice will be effective on the first business day following the day
the Bank's receipt thereof
(ix) For ACH transfers accessed through the BOI Transact System the Customer
must telephone the Bank's Voice Retrieval System at the telephone number
provided to the Customer by the Bank each time the Customer initiates an ACH
transmission. Once the Customer is connected to the Voice Retrieval System it
must provide the following information regarding the Entries it is transmitting to
the Bank:
(a) The name of the Customer
(b) The Customer's Voice Retrieval Code
(c) The total number of transactions contained in each File.
(d) The total dollar amount contained in the File.
(e) The Effective Date of transactions.
~f:
.
Upon receipt of the File by the Bank from the Customer, the Bank will compare the contents of the
File with the information provided by the Customer on the Voice Retrieval System. If that
information matches the information in the File the Bank will process the File. The Bank will not
process a File if it does not receive the confirming information on its Voice Retrieval System on or
before the delivery deadline set forth in Section 5 hereof. The Bank will notify the Customer if the
File information and the Voice Retrieval System information does not match or is not received.
16.
Processing, Transmittal and Settlement by the Bank.
A. Except as provided in Sections 17 and 18 of this ACH Agreement, the Bank shall (i)
process Entries received from the Customer that conform with the File specifications set
forth in this ACH Agreement and the Rules, (ii) transmit such Entries as an Originating
Depository Financial Institution to the FRB, acting as the Bank's ACH processor, and (iii)
settle for such Entries in accordance with this ACH Agreement.
B. The Bank shall transmit such Entries to the FRB by the deadline of the FRB at least one
(1) business day prior to the Effective Entry Dates shown in such Entries, provided (i)
such Entries are received by the Bank's related cut-off time on a business day, (ii) the
Effective Entry Date is at least one day after such business day, and (iii) the FRB is open
for business on such business day.
C. Entries electronically transmitted shall be deemed received by the Bank when the
transmission and compliance with the related Security Procedures are completed.
D.
If any of the requirements of clauses (i), (ii) or (iii) of Section 16.B above are not met the
Bank shall use reasonable efforts to transmit such Entries to the FRB by the next deposit
deadline of the FRB which is a business day and a day on which the FRB is open for
business.
.
17. On-Us Entries. Except as provided in Section 18 of this ACH Agreement, in the case of an Entry
received for posting to an Account the Customer maintains with the Bank (an "On-Us Entry") the
Bank will post the Entry to the Receiver's Account in the amount of such Entry on the Effective
Entry Date contained in such Entry, provided the requirements set forth in clauses (i), (ii) and (iii)
of Section 16.B of this ACH Agreement are met. If any of those requirements is not met, the
Banks shall use reasonable efforts to post the Entry to the Receiver's Account in the amount of
such Entry on the next business day following such Effective Entry Date.
18. Rejection of Entries. The Bank may reject any Entry which does not comply with the
requirements of this ACH Agreement. The Bank shall have the right to reject any On~Us Entry for
any reason for which an Entry may be returned under this ACH Agreement or the Rules. The
Bank shall have the right to reject any Entry if the Customer has failed to comply with its Account
obligations under Section 22 of this ACH Agreement. The Bank shall notify the Customer of such
rejection by telephone no later than the business day such Entry would otherwise have been
transmitted by the Bank to the FRB or, in the case of an On-Us Entry, no later than the Effective
Entry Date. The Bank shall have no liability to the Customer by reason of the rejection of any such
Entry or the fact that such notice is not given at an earlier time than provided for herein.
19. Payment of Entries.
.
A. Credit Entries. The Customer shall pay the Bank in immediately available funds the total
amount of each credit Entry with respect to which Entry data has been transmitted to the
Bank under this ACH Agreement.
B.
Debit Entries. The Bank shall credit the Account with the total amount of the debit Entry
transmitted to the Bank.
S\=
20.
.
Reversal/Deletion of Entries by the Customer. The Customer shall have the right to
reverse/delete an Entry after its receipt by the Bank, by delivering to the Bank, prior to the
deadlines set forth in Section 5 hereof and in compliance with the Security Procedures set forth in
Section 15 hereof, a written request (use Exhibit E attached hereto) signed by an Authorized
Signor. After its receipt by the Bank it shall use reasonable efforts to act on a request by the
Customer for the reversal/deletion of an Entry prior to transmitting it to the FRB, or in the case of
an On-Us Entry, prior to posting to the Receiver's account, provided such request complies with
the Security Procedures set forth in Section 15 of this ACH Agreement, however the Bank shall
have no liability if such reversal/deletion is not affected.
21. Notice of Returned Entries. The Bank shall notify the Customer by mail sent no later than one
(1) business day after the advise of a returned Entry is received by the Bank from the FRB.
Except for an Entry re-transmitted by the Customer in accordance with the requirements of
Section 15 of this ACH Agreement, the Bank shall have no obligation to re-transmit a returned
Entry to the FRS if the Bank complied with the terms of this ACH Agreement with respect to the
original Entry.
22. The Account. The Bank may, without prior notice or demand, obtain payment of any amount due
and payable to it under this ACH Agreement, by debiting the Accounts of the Customer and shall
make an adjustment to the Accounts for any amount received by the Bank by reason of the return
of an Entry transmitted by the Bank for which the Bank has previously received payment from the
Customer. Such Entry shall be made as of the day of such receipt by the Bank. The Customer
shall at all times maintain a balance of available funds in the Accounts sufficient to cover its
payment obligations under this ACH Agreement. In the event there are not sufficient funds in the
Accounts to cover the Customer's obligations under this Agreement, the Customer agrees that the
Bank may debit any account maintained by the Customer with the Bank or with any affiliate of the
Bank or that the Bank may set off against any amount it owes to the Customer in order to obtain
payment of the Customer's obligations under this ACH Agreement.
.
23.
Account Reconciliation/Periodic Statements. All Entries transmitted by the Bank or posted to
a Receiver's Account maintained with the Bank will be shown in the aggregate amount on the
Customer's periodic statement issued by the Bank with respect to the Account pursuant to the
agreement between the Bank and the Customer. The Customer agrees to notify the Bank
promptly of any discrepancy between the Customer's records and the information shown on any
such periodic statement. If the Customer fails to notify the Sank of any such discrepancy within
thirty (30) days of receipt of a periodic statement containing such information, the Customer
agrees that the Bank shall not be liable for any loss resulting from the Customer's failure to give
such notice or for any loss of interest with respect to any Entry shown on such periodic notice. If
the Customer fails to notify the Bank of any such discrepancy within thirty (30) days of receipt of
such periodic statement the Customer shall be precluded from asserting such discrepancy against
the Bank.
24. Customer Representations, Agreements. The Customer makes the following representations
and warranties to the Bank:
.
A. Organization and Good Standing. The Customer is duly organized, validly existing and in
good standing.
B.
Validity of the Agreement. The Customer has the full power and authority to execute this
ACH Agreement, and any other related agreements. This ACH Agreement and any other
related agreements to which the Customer is a party, when executed and delivered, will
constitute the valid and binding obligation of the Customer enforceable against it in
accordance with its terms, subject to bankruptcy laws and other similar laws of general
application affecting the rights of creditors and subject to the application of the rules of
equity. The execution, delivery and performance of this ACH Agreement, and any other
related agreements by the Customer its compliance with the terms hereof and thereof and
Sl=
.
.
25.
26.
.
the consummation of the transactions contemplated hereby and thereby have been duly
authorized.
C.
No Conflict. The execution and delivery of this ACH Agreement and any other related
agreements by the Customer and the performance of its obligations hereunder and
thereunder are not in violation or breach of, and will not conflict with or constitute a default
under any of the terms of the partnership agreement or articles of incorporation or bylaws
of the Customer, if any, or any note, security agreement, lease, deed of trust, mortgage,
franchise, license, permit or other contract, agreement or commitment binding upon the
Customer or its assets and will not conflict with or violate any applicable law, rule,
regulation, judgment, order or decree of any government or governmental instrumentality
or court having jurisdiction over the Customer or its assets.
D. Each person or entity shown as the Receiver on an Entry received by the Bank from the
Customer has authorized the initiation of such Entry and the posting of its account in the
amount and the Effective Entry Date shown on such Entry.
E. Such authorization is operative at the time of transmittal or posting by the Bank as
provided herein.
F. Entries transmitted to the Bank by the Customer are limited to types of Entries set forth in
Section 5 of this Agreement
G. The Customer shall perform its obligations under this ACH Agreement in accordance with
all applicable laws and regulations.
H. The Customer shall be bound by and comply with the Rules as are in effect from time to
time.
The Customer shall indemnify the Bank against any loss, liability or expense (including attorneys'
fees and expenses) resulting from or arising out of any breach of any of the foregoing
representations, or any of the terms of this ACH Agreement.
Bank Representations and Warranties. The Bank makes the following representations and
warranties to the Bank:
A. The Bank warrants that it will use its best efforts to provide the services selected by the
Customer in this ACH Agreement. The Bank's sole responsibility under this warranty shall
be to replace any defective diskette or printed materials that accompany the BOI Transact
System software that are detected by the Customer within 30 days after delivery of the
software.
B. The Bank will use its best efforts to promptly provide telephone support to the Customer
for the BOI Transact System.
C. The Bank will exercise reasonable care in processing information the Customer places
into the Customer's Accounts. The Bank may rely on all information provided by the
Customer to the Bank for the services selected and shall not be liable or responsible for
information entered which is not current or is inaccurate, incomplete, incorrect or lost in
transmission.
Disclaimer of Warranties. EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THE BANK
MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO THE BOI TRANSACT SYSTEM OR ANY OTHER SELECTED SERVICES AND
DISCLAIMS ALL WARRANTIES OF MERCHANTIABLlTY AND WARRANTIES OF FITNESS
FOR A PARTICULAR USE OR PURPOSE. IN NO EVENT SHALL THE BANK OR ITS
DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
5~
.
27.
.
PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING,
WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS AND CLAIMS OF THIRD
PARTIES, WHETHER OR NOT THE POSSIBILITY OF SUCH LOSSES OR DAMAGES WAS
KNOWN BY THE BANK. THE BANK AND ITS DIRECTORS, EMPLOYEES AND AGENTS ARE
NOT AND SHALL NOT BE LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD
PARTY, INCLUDING BUT NOT LIMITED TO THE LICENSOR OR ANY OTHER VENDOR, THE
BOI TRANSACT SYSTEM OR ITS COMPONENTS
Limitation of Liability, Liquidated Damages. The Bank shall not be liable to the Customer for
any act or failure to act, unless such act or failure to act is grossly negligent. In addition, the Bank
shall not be liable or responsible to the Customer in any way for loss or damage caused in whole
or in part by: (i) delays in making or executing transactions due to Bank or third party computer
errors or equipment failure; (ii) errors or omissions in data or information of any kind relating to
inquires, instructions, messages or transactions originating from the BOI Transact System or any
other selected service which are not caused by the Bank's gross negligence or willful misconduct;
(Hi) unauthorized use of the BOI Transact System or any other selected service by any person,
other than Bank employees, to affect or to attempt to affect the Customer's Accounts or to gain
information as to the Customer's Accounts; (iv) the Customer's failure to comply with the terms of
this ACH Agreement or to use the BOI Transact System or any other selected service in
accordance with instructions; (v) the Customer's acts or omissions (including without limitation the
amount, accuracy, timeliness of transmittal or due authorization of an Entry received from the
Customer) or those of any other person or entity, including without limitation, the Customer's third
party vendor, any Federal Reserve Bank, the Bank's Automated Clearing House, or transmission
or communications facility, any Receiver or Receiving Depository Financial Institution (including,
without limitation, the return of an Entry by such Receiver or Receiving Depository Financial
Institution), and no such person or entity shall be deemed the Bank's agent and (vi) any Act of
God or public enemy, accident, failure or reduction of electric power, failure of telephone or
computer systems, natural disaster, law, or regulation, governmental act, or license, or failure or
defaults of vendors, suppliers, or contractors. In no event shall the Bank be liable for any
consequential, special, punitive or indirect loss or damage which the Customer may incur or suffer
in connection with this ACH Agreement. Without limiting the foregoing provisions, the Bank's
liability under this ACH Agreement shall be limited to the Customer's actual damages.
In addition to the foregoing it is further understood and agreed that the ability of the Bank to
provide access to the BOI Transact System and the services described above is conditioned upon
the continued operation and availability of the Licensor's services to the Bank. The Bank shall not
be responsible for the inability to provide said services in the event that access by the Customer
or the Bank to Licensor's services is suspended or terminated for any reason. In the event that
access by the Bank to Licensor's services is unavailable for an extended period of time the Bank
may terminate this ACH Agreement without further liability or obligation to the Customer.
The Bank shall also be excused from failing to transmit or delaying the transmittal of an Entry if
such transmittal would result in the Bank's having exceeded any limitation upon its intra-day net
funds position established pursuant to present or future Federal Reserve guidelines or if the Bank
would otherwise violate any provision of any present or future risk control program of the Federal
Reserve or any applicable rule or regulation of any other U.S. governmental regulatory authority.
28. Compliance With Security Procedures.
.
A.
If any Entry (or request for reversal/deletion of any Entry) received by the Bank purports
to have been transmitted or authorized by the Customer, it will be deemed effective as of
the Customer's Entry (or request) and the Customer shall be obligated to pay the Bank
the amount of such Entry as provided herein even though the Entry (or request) was not
authorized by the Customer, provided the Bank acted in compliance with the Security
Procedures set forth in Section 15 of this with respect to such Entry.
1;\:
.
B.
If an Entry (or request for reversal/deletion of an Entry) received by the Bank was
transmitted or authorized by the Customer, the Customer shall be obligated to pay the
amount of the Entry as provided herein, whether or not the Bank complied with the
Security Procedures set forth in Section 15 hereof and with respect to that Entry and
whether or not that Entry was erroneous in any respect, or that the error would have been
detected if the Bank had complied with such Procedure.
29. Inconsistency of Name and Account Number. The Customer acknowledges and agrees that, if
an Entry describes the Receiver inconsistently by name and/or account number, payment of the
Entry transmitted by the Bank to the Receiving Depository Financial Institution may be made by
the Receiving Depository Financial Institution (or by the Bank in the case of an On-Us Entry) on
the basis of the account number even if it identifies a person or entity different from the named
Receiver, and that the Customer's obligation to pay the amount of the Entry to the Bank is not
excused in such circumstances.
30. Data Retention. The Customer shall retain data on file adequate to permit remaking of Entries for
a reasonable time following the date of their transmittal to the Bank as provided herein, and shall
provide such Data to the Bank upon its request.
31. Disclosures.
.
A.
Provisional Payment. Credit given by the Bank to the Customer with respect to an
Automated Clearing House credit Entry is provisional until the Bank receives final
settlement for such Entry through the Federal Reserve Bank. If the Bank does not receive
such final settlement, the Customer is hereby notified and agrees that the Bank is entitled
to a refund of the amount credited to the Customer in connection with such Entry and the
party making the payment to you via such Entry (i.e. the originator of the Entry) shall not
be deemed to have paid the Customer in the amount of such Entry.
B.
Notice of Receipt of Entry. Under the Rules the Bank is not required to give next day
notice to the Customer of receipt of an ACH item and the Bank will not do so. However,
the Bank will continue to notify the Customer of the receipt of payments in its periodic
statements for the account.
32. Indemnification. The Customer agrees to defend, indemnify and hold harmless the Bank, and its
directors, employees and agents from and against any and all claims actions, and law suits,
whether groundless or otherwise, and from and against any and all liabilities, losses, damages,
costs, charges, attorneys' fees and other expenses of every nature, directly or indirectly resulting
from. due or relating to, or arising by reason of, use, including unauthorized use, or misuse, or
loss caused by the use of the BOI Transact System or any other selected service and including,
without limitation, any loss arising directly or indirectly out of, or in any way connected with: (i) the
Customer's failure or neglect to transmit any deposit information to the Bank; (ii) the completion
and execution by the Bank of transactions in an incorrect amount and for which the Bank is not
liable under paragraph 27, above; (iii) the return of any transaction for any reason whatsoever; (iv)
any action taken by the Bank pursuant to duplicate or several communications of the same
deposit information by the Customer; (v) any delay in communications which prevents the receipt
of any deposit information by the Bank prior to its normal daily posting; (vi) the Customer's breach
of the Licensor's License Agreement; (vii) the information provided to the Bank and/or the
Licensor by the Customer; (viii) the Customer's use of any information provided it by either the
Bank and/or the Licensor and (ix) the Customer's breach of any of its obligations under this ACH
Agreement and any other related agreements.
33. Additional Terms and Conditions.
.
A.
Amendment of Agreement, Waiver. The Bank may amend this ACH Agreement by
providing written notice to the Customer describing the proposed amendment at least
thirty (30) days prior to the effective date of the amendment. The amendment will
5~
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become binding as of the effective date unless the Customer elects to terminate this ACH
Agreement as provided herein. No other amendment or modification of any provision of
this Agreement will be effective unless made in writing signed by all parties.
No failure or delay by any party in exercising any right, power or remedy under this ACH
Agreement will operate as a waiver of any such right, power or remedy, nor will any single
or partial exercise of any right, power or remedy preclude any further exercise of any
right, power or remedy.
B. Notices. All notices and other communications provided for in this ACH Agreement shall
be in writing, shall be deemed given when personally delivered or when deposited in the
U.S. Mail, mailed first class, and addressed as indicated at the end of this Agreement.
Any party may, by notice given in accordance with this paragraph, change the address to
which notice shall be sent.
The Bank shall be entitled to rely on any written notice or communication believed by it, in
good faith, to be genuine and to have been signed by an Authorized Signor, and any such
communication shall have been deemed to have been signed by such person.
C. Confidentiality. The Bank shall treat all files and other information as confidential
("Confidential Information") that the Customer may enter into the BOI Transact System or
through any other selected service and will not willfully disclose or otherwise provide
access to such Confidential Information to any third party, other than the Licensor of the
BOI Transact System or the Customer's third~party if those services are selected. Upon
the termination of this ACH Agreement, the Bank may dispose of all such Confidential
Information in any manner it deems to be appropriate unless the Customer furnishes the
Bank with written instructions for the disposition of the Confidential Information prior to
termination.
.
D.
Entire Agreement. This ACH Agreement contains the entire understanding of the parties
with respect to the subject matter hereof and supercedes all prior understandings and
agreements between the parties; provided, however, the Customer understands and
agrees that the Customer is also bound by the terms of all signature cards, rules and
regulations, the Deposit Account Agreement and Disclosure, and any other agreements
and disclosures connected with the opening of the Customer's Accounts.
E. Partial Invalidity. Any provision of this ACH Agreement which is prohibited or held
unenforceable will be ineffective only to the extent of such prohibition or enforceability,
without invalidating the remaining provisions of this ACH Agreement.
F. Non-Assignment. No party to this ACH Agreement may assign any of its rights, liabilities
or obligations under this ACH Agreement without the prior written consent of the other
party; provided, however, the Bank may assign all or part of its rights, liabilities or
obligations under this ACH Agreement to its parent corporation or to any subsidiary or
affiliate of the Bank.
G. Binding Agreement. This ACH Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective successors and assigns.
H. Survival. Except as otherwise provided in this ACH Agreement, the warranties,
representations, covenants and agreements contained in or made pursuant to this ACH
Agreement, including without limitation Sections 22, 24, 25, 26, 27, 32 and 34 of the ACH
Agreement, shall survive the termination of this ACH Agreement.
.
I.
Governing Law. This ACH Agreement shall be governed by and construed in
accordance with the laws of the state in which the Bank is located.
sr:
J.
Controlling Agreement. Unless otherwise expressly stated herein in the event of a
conflict between the terms of this ACH Agreement, any applicable Account agreements or
other related agreements, this ACH Agreement shall prevail.
.
34. Term and Termination.
A. Term. This ACH Agreement shall remain in effect from the date of this ACH Agreement
until terminated in accordance with the terms hereof.
B. Termination. This ACH Agreement may be terminated as follows;
(i) By either party upon thirty (30) days prior written notice to the other party;
(ii) The Bank shall have the right to immediately terminate this ACH Agreement
without notice, if any of the following events shall occur; (a) the Customer fails to
pay the fees it owes to the Bank for its services under this ACH Agreement in a
timely manner; (b) the Customer has breached any representations or warranties
the Customer has made to the Bank; (c) the Customer defaults under any other
contract or agreement between the Customer and the Bank; or (d) the Customer
files or has filed against it a petition in bankruptcy.
If this ACH Agreement is terminated in accordance with this paragraph, neither party will
have any further liability or obligation under this ACH Agreement; provided, however,
nothing contained in this paragraph will relieve the Customer from liability for any breach
of this ACH Agreement prior to its termination.
IN WITNESS WHEREOF, the parties hereto have executed this ACH Agreement the date and year first
. above written.
~ CUSTOMER: BANK:
By:
By
Its:
Its
Address:
Address:
Attn:
Attn
Tel. No.
Tel. No:
.
S}
.
EXHIBIT A
BANK-ON-IT ACH TRANSFERS
Using Marquette Bank Nebraska. NA (the "Bank") as the Originating Depository Financial Institution
(UODFI") the Customer will initiate ACH transfers by means of the automated clearing house (the UACH")
operated by the Federal Reserve Bank (the "FRB") or any other ACH provider chosen by the Bank
electronically (on-line) through the Bank's Bank-On-It Transact System (UBOI").Unfess otherwise expressly
defined herein capitalized terms shall have the meanings provided in the National Automated Clearing
House Operating Rules and the ACH Agreement between the Bank and the Customer (the uACH
Agreement").
SCHEDULE A (Customer's Accounts)
The Customer's business checking and savings accounts maintained by the Customer with the Bank
which will be used as settlement accounts under the ACH Agreement are as follows:
SCHEDULE B (Fees and Charges)
Fees to be paid by the Customer to the Bank for use of the BOI Transact System are as follows:
~
~..O~ t;Y
$ 1.00
$ 1.25
$ 3.00
Software / Setup fee (One-Time)
ACH base per month
ACH per item
Notice of change per item
Originated return per item
Reversal/deletion per item
.
The undersigned states and represents that he/she is authorized to sign this Service Exhibit on behalf of
the Customer and acknowledges and agrees that the Customer is legally bound by the terms and
conditions hereof as well as the terms and conditions of the ACH Agreement to which it is attached. IN
WITNESS WHEREOF, the undersigned has executed this Service Exhibit this day of
~ CUSTOMER:
~ ~ --BY:
Its:
Dated:
.
'S~
.
.
.
Using he "Bank") as the Originating Depository Financial Institution (UODFI") the Bank will process
information pr ided directly by the Customer to the Bank. The Customer will provide the' formation in a
format specified -t~ the ACH Agreement and notwithstanding anything to the contrary con ined in the ACH
Agreement, said ~nformation must be received by the Bank's Operations Departmen preferably two (2)
business days, bu,not less than one (1) business day prior to the settlement date. T e Bank will separate
the Bank's Entries ~m all others and will transmit the Files to the Federal Reserve ank.
Unless otherwise eX~SSIY defined herein capitalized terms shall have the meanings provided in the
National Automated Cle'aring House Operating Rules and the ACH Agreem t between the Bank and the
Customer (the uACH Agreement").
SC~ULE A (Customer's Accounts)
The Customer's business chec~ng and savings accounts main~ Ined by the Customer with the Bank
which will be used as settlement accounts under the ACH Agreement are as follows:
/
/
,1/
SCHEDULE B (Fe.. and Charges)
Fees to be paid by the Customer to the Ban~ tr~{ers based on information provided by the Customer
to the Bank are as follows: \.
File per item /
ACH per item / \
Notice of change per item $ 1.00
Originated return per item / $ 1.25\\
Reversal/deletion per item // $ 3.00 \
The undersigned states and represen. t,S/:hat he/she is authori~e to sign this Service Exhibit on behalf of
the Customer and acknowledges add agrees that the Custom r is legally bound by the terms and
conditions hereof as well as the termS and conditions of the ACH Ag eement.
/
IN WITNESS WHEREOF, the inder~igned has executed this Se
day of
Exhibit this
By:
,/
I
!
/
,-
I
I
/
/
)
CUSTOMER:
Its:
Dated:
~~
.
.
.
EXHIBI1"c
TRANSMiSsiONS THROUGH CUSTOMER'S THIRD-PARTY VENDOR
Using e "Bank") as the Originating Depository Financial Institution rODFI") e Bank will process
payroll informa 'on provided by the Customer's third-party payroll vendor. The v, ndor will provide the
payroll informati in a format specified in the ACH Agreement and not with anding anything to the
contrary containe {n the ACH Agreement. Said information must be received y the Bank's Operations
Department preferably two (2) business days but nott less than one (1) prior 0 the settlement date. The
Bank will separate the, Bank's Entries from all others and will transmit the i1es to the Federal Reserve
Bank. \
\
Unless otherwise expres~~y defined herein capitalized terms shall h e the meanings provided in the
National Automated ClearinQ.., House Operating Rules and the ACH A eement between the Bank and the
Customer (the "ACH Agreement").
\
SCHEDULE A (Customer's A . ounts)
The Customer's business checking and savings accounts aintained by the Customer with the Bank
which will be used as settlement acco ts under the ACH A eement are as follows:
File per item
ACH per item
Notice of change per item
Originated return per item
Reversal/deletion per item
SCHEDULE B (Fees and Charges)
Fees to be paid by the Customer to the B nk ~ transfers based on information provided by the
Customer's third- party vendor are as follows:
The undersigned states and repr sents that he/she is authorized to . n this Service Exhibit on behalf of
the Customer and acknowled s and agrees that the Customer is egally bound by the terms and
conditions hereof as well as th terms and conditions of the ACH Agreem nt.
$ 1.00
$ 1.25
$ 3.00
undersigned has executed this Service
CUSTOMER:
By:
Its:
Dated:
this
day of
51=
.ft>r ~~ ~f,
EXHIBIT E
AUTHORIZATION TO REVERSE/DELETE AN ACH TRANSFER
.
Date of Request:
Customer Name:
Customer Bank's ABA
No(s):
Customer
Acct No:
Authorized Signor:
Customer Address:
Phone No: FAX No:
ITEM 1 ITEM 3
Posting Date of Posting Date of
Transfer Transfer:
Payee/Payor Payee/Payor
Name: Name:
AND ABA No. AND ABA No.
. Customer Acct No: Customer Acct No:
Type of Acct 0 Checking 0 Savings Type of Acct 0 Checking 0 Savings
Amount: Amount:
ITEM 2 ITEM 4
Posting Date of Posting Date of
Transfer: Transfer:
Payee/Payor Payee/Payor
Name: Name:
AND ABA No: AND ABA No:
Customer Acct No: Customer Acct No:
Type of Acct 0 Checking 0 Savings Type of Acct 0 Checking 0 Savings
Amount: Amount:
Reversals/Deletions must be received by the ACH Department before 3 p.m. to be processed on the business
day of the request. Adjustments to the requesting Company's account are made according to the Effective Date
of the File containing the transfer. Confirmation of the reversal/deletion will be mailed to the Company in the form
of a debiUcredit memo to the Company's account.
.
Complete and fax this form to the ACH Department at (612) 948-5901.
If you have any questions regarding this form call (612) 948-5814 for assistance.
S1=-
.
.
.
.,
BANK-ON-IT AGREEMENT BALANCE AND STATEMENT REPORTING
@
THIS AGREEMENT (the "Agreement") is made and entered into this _ day of
19_, by and between Marauette Bank N.A. (the "Bank")
(the "Customer").
,
and
The Bank is licensed to offer a balance and statement reporting system, Bank-an-It System, which
provides the Customer with computer access to information regarding its accounts at the Bank and
enables the Customer to initiate certain transactions electronically (on-line) based on the services chosen
by the Customer as identified below. Therefore, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Customer and the Bank agree as follows:
1. Definitions.
Account or Accounts. The Customer's Business Checking and Savings Accounts maintained by the
Customer at the Bank and which the Customer and the Bank have agreed in writing will be subject to this
Agreement and identified in Exhibit A attached hereto.
Authorized Signer. Any individual the Customer has authorized in its resolution delivered to the Bank to;
(i) sign this Agreement and any other related agreement on behalf of the Customer; and (ii) add or delete
an Authorized Signer.
Communications Password. The password provided to the Customer by the Bank which when used
together with the Customer Identification Number allows the Customer to access the BOI System to
obtain the Customer's Account information.
Customer Identification Number. The number provided to the Customer by the Bank which when used
together with the Communications Password allows the Customer to access the BOI System to obtain the
Customer's Account information.
Customer. The business entity identified above.
User Name and Password. A User Name and User Password are provided to the Customer by the
Bank in order to allow the Customer to make its initial access into the BOI System. The Customer's
employee responsible for controlling the use of the BOI System should then assign User Name and
Password to each employee of the Customer who will have authority to perform fUnctions on the BOI
System. The Bank will have no knowledge of the Customer's User Name and Password or any changes
thereto.
User. Any individual that the Customer has authorized to access the BOI System on behalf of the
Customer.
2. Services. The Bank will provide access to the BOI System, through which the Customer may
obtain Account balance and cash management information regarding the Accounts that the
Customer maintains at the Bank and initiate certain transactions on the Accounts. The Customer
may access the BOI System via modem and phone line from the Customer's computer to the
Bank's computer.
A.
Controlling Documents. The services shall be provided in accordance with the terms of
this Agreement and any amendment hereto, together with all other applicable rules and
regulations.
S"}:-
B. Types of Services and Options. The Customer agrees to purchase the following 601
System services:
.
1.
Basic Services.
(i) Balance Reporting The BOI System will allow the Customer to make
inquiries into the Accounts and obtain cash management information.
Subject to the limitations described below, the Customer will have access
to the Account information seven (7) days a week, twenty-four (24) hours
a day.
(ii) Training. The Bank will provide the Customer with four (4) hours of free
on-site and/or telephone installation and support training as part of the
software fee. Installation and/or support training in excess of the initial
four (4) hours will be billed at the Bank's then current hourly rate for those
services which is $75.00. The Bank reserves the right to change the
hourly rate, at any time, at its sole discretion. If the training is to be
conducted on-site the Bank will also be reimbursed for its travel and
lodging expenses.
(iii) Telephone Support. The Bank will provide the Customer with a
reasonable amount of on-going telephone support to answer questions
regarding the operation and use of the BOI System, at no charge.
2. Optional Functions (check those applicable).
.
i
.
Internal Transfers. The Customer may initiate transfers of funds between the
Customer's Accounts. Transfers which are initiated prior to 3:00 p.m. CST on any
Business Day (a calendar day other than a Saturday, Sunday or Federal holiday)
will be effective as of the close of business on that Business Day. Transfers
initiated after 3:00 p.m. CST or on a non-Business Day will be effective as of the
close of business on the following Business Day. By initiating the transfer of funds
from an Account, the Customer represents and warrants to the Bank that the
balance of collected funds in the Account from which funds are to be transferred
is equal or greater than the amount of the transfer request and that the transfer
was made by a User. The number of automatic withdrawals or transfers per
month is limited as set forth in Bank's Deposit Account Agreement and Disclosure
governing the Accounts involved.
Stop Payments. The Customer may initiate a request for a Stop Payment
through the BOI System. Stop Payment requests that are initiated prior to 3:00
p.m. CST on any Business Day will be effective as of the close of business on
that Business Day. Requests after 3:00 p.m. CST or on a non-Business Day shall
be effective as of the close of business on the next Business Day. Stop Payment
requests are pending final verification that the check has not been processed.
The Bank must receive the order in time to allow the Bank a reasonable time to
act on it. A stop payment order initiated through the BOI System will be effective
for six (6) months, but can be renewed for additional six-month periods if the
Customer requests the renewal, in writing given to the Bank, prior to the
expiration of the previous six-month effective period of the order.
In addition to the foregoing all requests for a Stop Payment through the BOI
System must contain the following information for each check on which a request
is made.
(i)
The date and time of the request.
(ii) Name of account, account number, check number, date of check, amount
of check, name of the of payee and the reason for the request.
S\:
(iii) The name and telephone of the person that the Bank may contact to
obtain additional information concerning the request.
.
The Customer acknowledges and agrees; (a) that a fee will be charged to the
Customer's Account for each check on which a stop payment request is made,
which fee is set forth as Exhibit C and (b) that the Customer must sign a release
form to cancel this stop payment request.
C. Discontinue or change service. The Bank reserves the right to discontinue or
change any of the services set forth above at any time, at its sole discretion.
D. Requirements and Procedures. The Customer agrees to comply with the following
requirements and procedures in using the selected services which requirements and
procedures can be amended by the Bank at any time.
1. Security Procedures. The Customer agrees to the following security
procedures:
(i) The Customer must complete the information required by the Bank for
each of its Authorized Signers.
(ii) The Customer must use its (a) User Name and Password; (b)
Communications Password and (c) Customer identification Number to
access the BOI System.
(iii)
The Customer shall establish and maintain procedures necessary to
prevent access to its User Name and, Communications Password and
Customer Identification Number for the BOI System by unauthorized
persons and to ensure that they will be maintained in the strictest
confidence.
.
(iv)
If the Customer believes that its Communications Password to the BOI
System has become known to any unauthorized person, the Customer
shall immediately provide telephone notice to the Bank to be followed by
written notice to the Bank delivered as soon as possible thereafter.
(v) The Customer may add or delete any Authorized Signer by written notice
delivered to the Bank signed by the number of Authorized Signer(s)
required in the resolution delivered to the Bank, other than the one(s)
being added or deleted. Such notice will be effective on the first Business
Day of the Bank's receipt thereof.
2. No Verification. The Customer agrees that unless expressly stated to the
contrary herein and notwithstanding the terms and conditions of any agreement
between the Bank and the Customer, the Bank will not call the Customer or any
of the Customer's Users to verify transaction requests entered into the SOl
System using the Password.
3.
Honoring Transactions. The Bank is under no obligation to honor, either in
whole or in part, any transfer requests which: (i) exceed the Customer's available
funds in the Accounts with the Bank; (ii) are not in accordance with any condition
agreed to by the Customer in this Agreement any or in the documents governing
the Accounts; or (iii) are not in accordance with the Security Procedures set forth
in Section 2 of this Agreement or any other requirements of the Sank. The Bank
may, at its sole discretion, create an overdraft in the Customer's Account to
complete a transfer which the Customer agrees to repay to the Bank upon
demand, together with interest, at the Bank's then current per diem interest rate
for such overdrafts, a processing fee, and, if necessary, the cost of collection.
The Bank is not and shall not be liable for failing or refusing to perform any
.
5~
transaction which does not include all information necessary for its completion or
which would violate this Agreement or any other agreement with the Bank.
.
4.
Hardware, Equipment and Software. The Customer is responsible for
obtaining, installing, maintaining and updating the necessary software, hardware
and related equipment needed to utilize the particular services selected by the
Customer.
5. Documentation. Prior to executing this Agreement the Customer must provide
all the documentation reasonably required by the Bank, including but not limited
to, the Bank's resolution attached hereto as Exhibit D.
6. User Manual for the BOI System. If the BOI System is selected by the
Customer, the Customer will be provided with one BOI System User Manual (the
"User Manual") describing the operation and services of the BOI System. The
Customer agrees to be bound to the terms and conditions of the User Manual.
The Customer agrees not to copy or otherwise duplicate the User Manual or any
periodic updates and further agrees to return the User Manual and any updates
upon termination of this Agreement.
7.
Periodic Statements. The Customer shall continue to receive regular Account
statements that describe all transactions for the Accounts including transactions
that the Customer initiated pursuant to this Agreement. Customer is responsible
to promptly review all statements and report in writing any discrepancies to the
Bank at once. Discrepancies must be reported within thirty (30) days after the
statement date. If the Customer fails to notify the Bank of any such discrepancy
within thirty (30) day of the receipt of the periodic statement containing such
information, the Customer agrees that the Bank shall not be liable for any loss
resulting from the Customer's failure to give notice and the Customer shall be
precluded from asserting such discrepancy against the Bank.
.
3. Means of access.
Access and Processing. The Customer will be accessing the BOI System via modem and phone
line from the Customer's computer to the Bank's computer. The Bank will provide the Customer
with computer software that will enable the Customer to obtain certain information and reports,
initiate certain transactions and issue certain instructions to the Bank.
4. Sub-License of Bank-On-It ("BOI System"). If the Customer selects the BOI System, the Bank
is the holder of a non-exclusive license to offer the BOI System software to its customers and
hereby grants to Customer a non-transferable sub-license for the BOI System software, subject to
the terms and conditions of this Agreement. The Customer acknowledges and agrees that the BOI
System software is the property of Global Payment Systems, Inc. ("Licensor") and being offered to
the Customer by the Bank subject to the procedures and requirements of the Licensor as may be
established by the Licensor from time to time. The Customer agrees that it; (i) has no right, title or
interest in the BOI System software; (ii) will not make or permit any third party to make copies of
said software; (iii) will be bound by the terms and conditions of the Global License Agreement; and
(v) will return the BOI System software to the Bank immediately upon the termination of this
Agreement.
5.
Fees and Charges; Payment; Security Interest. The fees and charges to the Customer for
access to the for the services selected by the Customer are set forth in Exhibit B attached hereto
and made a part hereof. The Customer agrees to pay such fees and charges and authorizes the
Bank to charge the Customer's Accounts for said fees and charges. It is understood and agreed
that these fees and charges relate only to the access and utilization of the BOI System and are
exclusive of other fees and charges that may otherwise be imposed by the Bank upon the banking
services which are accessed through the BOI System. The Bank reserves the right to increase its
fees and charges set forth in Exhibit B, or to impose additional fees and charges, in its sole
discretion upon written notice to the Customer.
.
S~
.
.
8.
.
The Customer grants the Bank a security interest in all property of the Customer held in the
Bank's possession to secure payment of the Customer's obligations under this Agreement.
6.
Customer Representations and Warranties. The Customer makes the following
representations and warranties to the Bank:
A. Organization and Good Standing. The Customer is duly organized, validly existing and in
good standing.
B. Validity of the Agreement. The Customer has the full power and authority to execute this
Agreement, and any other related agreements. This Agreement and any other related
agreements to which the Customer is a party, when executed and delivered, will
constitute the valid and binding obligation of the Customer enforceable against it in
accordance with its terms, subject to bankruptcy laws and other similar laws of general
application affecting the rights of creditors and subject to the application of the rules of
equity. The execution, delivery and performance of this Agreement, and any other related
agreements by the Customer its compliance with the terms hereof and thereof and the
consummation of the transactions contemplated hereby and thereby have been duly
authorized.
C. No Conflict. The execution and delivery of this Agreement and any other related
agreements by the Customer and the performance of its obligations hereunder and
thereunder are not in violation or breach of, and will not conflict with or constitute a default
under any of the terms of the partnership agreement or articles of incorporation or bylaws
of the Customer, if any, or any note, security agreement, lease, deed of trust, mortgage,
franchise, license, permit or other contract, agreement or commitment binding upon the
Customer or its assets and will not conflict with or violate any applicable law, rule,
regulation, judgment, order or decree of any government or governmental instrumentality
or court having jurisdiction over the Customer or its assets.
The Customer shall indemnify the Bank against any loss, liability or expense (including attorney's
fees and expenses) resulting from or arising out of any breach of any of the foregoing
representations, or any of the terms of this Agreement.
7.
Bank Representations and Warranties. The Bank makes the following representations and
warranties to the Customer:
A. The Bank warrants that it will use its best efforts to provide the services selected by the
Customer in this Agreement. The Bank's sole responsibility under this warranty shall be to
replace any defective diskette or printed materials that accompany the BOI System
software that are detected by the Customer within 30 days after delivery of the software.
B. The Bank will use its best efforts to promptly provide telephone support to the Customer.
C. The Bank will exercise reasonable care in entering information the Customer places into
the BOI System into Customer's Accounts. The Bank may rely on all information entered
into the BOI System by the Customer and shall not be liable or responsible for information
entered which is not current or is inaccurate, incomplete, incorrect or lost in transmission.
Disclaimer of Warranties. EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THE BANK
MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO THE BANK.ON-IT SYSTEM OR ANY OTHER SELECTED SERVICES AND
DISCLAIMS ALL WARRANTIES OF MERCHANTIABLlTY AND WARRANTIES OF FITNESS
FOR A PARTICULAR USE OR PURPOSE. IN NO EVENT SHALL THE BANK OR ITS
DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING,
WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS AND CLAIMS OF THIRD
PARTIES, WHETHER OR NOT THE POSSIBILITY OF SUCH LOSSES OR DAMAGES WAS
KNOWN BY THE BANK. THE BANK AND ITS DIRECTORS, EMPLOYEES AND AGENTS ARE
NOT AND SHALL NOT BE LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD
5~
.
.
PARTY, INCLUDING BUT NOT LIMITED TO THE LICENSOR OR ANY OTHER VENDOR OR
THE BANK-ON-IT SYSTEM AND ITS COMPONENTS.
9.
Limitation of Liability, Liquidated Damages. The Bank shall not be liable to the Customer for
any act or failure to act, unless such act or failure to act is grossly negligent. In addition, the Bank
shall not be liable or responsible to the Customer in any way for loss or damage caused in whole
or in part by: (i) delays in making or executing transactions due to Bank or third party computer
errors or equipment failure; (ii) errors or omissions in data or information of any kind relating to
inquires, instructions, messages or transactions originating from the BOI System which are not
caused by the Bank's gross negligence or willful misconduct; (iii) unauthorized use of the BOI
System by any person, other than Bank employees, to affect or to attempt to affect the
Customer's Accounts or to gain information as to the Customer's Accounts; (iv) the Customer's
failure to comply with the terms of this Agreement or to use the BOI System or any other selected
service in accordance with instructions; (v) the Customer's act or omissions (including without
limitation, the amount, accuracy, timeliness of the transmittal or due authorization of a transfer
received from the Customer) or those of any other person or entity, and (vi) any Act of God or
public enemy, accident, failure or reduction of electric power, failure of telephone or computer
systems, natural disaster, law, or regulation, governmental act, or license, or failure or defaults of
vendors, suppliers, or contractors. In no event shall the Bank be liable for any consequential,
special, punitive or indirect loss or damage which the Customer may incur or suffer in connection
with this Agreement. Without limiting the foregoing provisions, the Bank's liability under this
Agreement shall be limited to the Customer's actual damages.
In addition to the foregoing it is further understood and agreed that the ability of the Bank to
provide access to the BOI System and the services described above is conditioned upon the
continued operation and availability of the Licensor's services to the Bank. The Bank shall not be
responsible for the inability to provide said services in the event that access by the Customer or
the Bank to Licensor's services is suspended or terminated for any reason. In the event that
access by the Bank to Licensor's services is unavailable for an extended period of time the Bank
may terminate this Agreement without further liability or obligation to the Customer.
10.
Indemnification. The Customer agrees to defend, indemnify and hold the Bank, the harmless
and its directors, employees and agents from and against any and all claims actions, and law
suits, whether groundless or otherwise, and from and against any and all liabilities, losses,
damages, costs, charges, attorneys' fees and other expenses of every nature, directly or indirectly
resulting from, due or relating to, or arising by reason of, use, including unauthorized use, or
misuse, or loss caused by the use of the BOI System and including, without limitation, any loss
arising directly or indirectly out of, or in any way connected with; (i) the Customer's failure or
neglect to transmit any deposit information to the Bank; (ii) the completion and execution by the
Bank of transactions in an incorrect amount and for which the Bank is not liable under paragraph
9, above; (Hi) the return of any transaction for any reason whatsoever; (iv) any action taken by the
Bank pursuant to duplicate or several communications of the same deposit information by the
Customer; (v) any delay in communications which prevents the receipt of any deposit information
by the Bank prior to its normal daily posting; (vi) the Customer's breach of the Licensor's License
Agreement; (vii) the information provided to the Bank and/or the Licensor by the Customer; (viii)
the Customer's use of any information provided it by either the Bank and/or the Licensor and (ix)
the Customer's breach of any of its obligations under this Agreement and any other related
agreements.
11. Term and Termination.
.
A. Term. This Agreement shall remain in effect from the date of this Agreement until
terminated in accordance with the terms hereof.
B.
Termination. This Agreement may be terminated as follows:
(i) By either party upon thirty (30) days prior written notice to the other party;
(ii) The Bank shall have the right to immediately terminate this Agreement without
notice if any of the following events shall occur; (a) the Customer fails to pay the
5~
.
fees it owes to the Bank for its services provided under this Agreement in a timely
manner: (b) the Customer has breached any representations or warranties the
Customer has made to the Bank; (c) the Customer defaults under any other
contract or agreement between the Customer and the Bank; or (d) the Customer
files or has filed against it a petition in bankruptcy.
If this Agreement is terminated in accordance with this paragraph, neither
party will have any further liability or obligation under this Agreement provided, however, nothing
contained in this paragraph will relieve the Customer from liability for any breach of this
Agreement that occurred prior to termination.
12. Additional Terms and Conditions.
A. Amendment Agreement, Waiver. The Bank may amend this Agreement by providing
written notice to the Customer describing the proposed amendment at least thirty (30)
days prior to the effective date of the amendment. The amendment will become binding
as of the effective date unless the Customer elects to terminate this Agreement as
provided herein. No other amendment or modification of any provision of this Agreement
will be effective unless made in writing signed by all parties.
No failure or delay by any party in exercising any right, power or remedy under this
Agreement will operate as a waiver of any such right, power or remedy, nor will any single
or partial exercise of any right, power or remedy preclude any further exercise of any
right, power or remedy.
B.
Notices. All notices and other communications provided for in this Agreement shall be in
writing, shall be deemed given when personally delivered or when deposited in the U.S.
Mail, mailed first class, and addressed as indicated at the end of this Agreement. Any
party may, by notice given in accordance with this paragraph, change the address to
which notice shall be sent.
.
The Bank shall be entitled to rely on any written notice or communication believed by it, in
good faith, to be genuine and to have been signed by an Authorized Signer, and any such
communication shall have been deemed to have been signed by such person.
C. Confidentiality. The Bank shall treat all files and other information as confidential
("Confidential Information") that the Customer may enter into the BOI System or through
any of the other selected services and will not willfully disclose or otherwise provide
access to such Confidential Information to any third party, other than the Licensor of the
BOI System. Upon the termination of this Agreement, the Bank may dispose of all such
Confidential Information in any manner it deems to be appropriate unless the Customer
furnishes the Bank with written instructions for the disposition of the Confidential
Information prior to termination.
D. Entire Agreement. This Agreement contains the entire understanding of the parties with
respect to the subject matter hereof and supercedes all prior understandings and
agreements between the parties; provided, however, the Customer understands and
agrees that the Customer is also bound by the terms of all signature cards, rules and
regulations, the Deposit Account Agreement and Disclosure, and any other agreements
and disclosures connected with the opening of the Customer's Accounts.
E. Partial Invalidity. Any provision of this Agreement which is prohibited or held
unenforceable will be ineffective only to the extent of such prohibition or enforceability,
without invalidating the remaining provisions of this Agreement.
.
F.
Non-Assignment. No party to this Agreement may assign any of its rights, liabilities or
obligations under this Agreement without the prior written consent of the other party;
provided, however, the Bank may assign all or part of its rights, liabilities or obligations
under this Agreement to its parent corporation or to any subsidiary or affiliate of the Bank.
St:
G. Binding Agreement. This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective successors and assigns.
.
H.
Survival. Except as otherwise provided in this Agreement, the warranties,
representations, covenants and agreements contained in or made pursuant to this
Agreement, including without limitation Sections 6, 7, 8, 9, 10 and 12 of this Agreement
shall survive the termination of this Agreement.
I. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the state in which the Bank is located.
J. Controlling Agreement. Unless otherwise expressly stated herein in the event of a
conflict between the terms of this Agreement and any applicable Account agreements, or
other related agreements, this Agreement shall prevail.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
~ CUSTOMER:
By:
BANK: Marquette Bank. N. A.
By:
Its:
Its:
Address:
Address:
.
Attn:
Attn:
Tel. No.
Tel. No.
.
5~
EXHIBIT A (Customer's Accounts)
.
The Customer business checking and savings accounts maintained by the Customer with the Bank which
will be used under the Agreement are as follows:
EXHIBIT B (Fees and Charges)
Fees to be paid by the Customer to the Bank for the services selected under the Agreement:
$50.00 Per Month - First 4 Accounts
$10.00 Per Month - Each Additional Account
EXHIBIT C (Stop Payment Fee)
Fee to be paid by the Customer to the Bank for each check on which a stop payment request is made:
$15.00 Per Stop Payment
The undersigned states and represents that he/she is authorized to sign Exhibits A, Band C above, on
behalf of the Customer and acknowledges and agrees that the Customer is legally bound by the terms
and conditions hereof as well as the terms and conditions of the Agreement.
IN WITNESS WHEREOF, the undersigned has executed Exhibits A, Band C this _ day of
,19_"
~ CUSTOMER:
By:
. Its:
.
s\.-
.
.
.
Council Agenda - 1/24/00
5G.
Consideration of annual highway maintenance aereement with Wrieht County. (RW)
A.
REFERENCE AND BACKGROUND:
This item involves our annual maintenance agreement with Wright County for p0l1ions ofCSAH 75
(Broadway) and CSAlI 39 (Elm Street and Golf Course Road). In an agreement with Wright County, the
City of Monticello performs winter maintenance on CSAH 75 (Broadway) from Willow Street on the
west portion of our community to the junction of CSAH 39 and 18 on the eastern portion of the
community. We also sweep this section of road one time in the spring for Wright county. In addition,
we do about 25% of the snow and ice removal on that section of CSAH 39 from Broadway to the public
works building.
Each year the County reimburses us based upon the maintenance costs for the County per mile for
previous years. For example, our 2000 Maintenance Agreement reimburses us $7,439.61 based upon the
1998 annual cost per mile to the County for similar services. The City of Monticello has continued to do
this maintenance, as we feel it offers a better level of service to our citizens. A copy of the agreement is
enclosed for YOllr review.
B. AL TERNA TIVE ACTIONS:
1.
The first alternative is to approve the 2000 Maintenance Agreement with Wright County
as enclosed with the reimbursement for this year of $7,439.61.
2. The second alternative is not to approve the maintenance agreement.
C. STAFF RECOMMENDATION:
It is the recommendation of the City Administrator and Public Works Director that the City Council
approve the maintenance agreement as outlined in alternative #1.
D. SUPPORTING DATA:
· Copy of letter from Wayne Fingalson, Wright County Highway Engineer
· 2000 Maintenance Agreement
V~TV Ok
,J)~"1.
, 2-
. ~:.;t m
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7ss6
WRIGHT COUNTY
DEPARTMENT OF HIGHWAYS
Wright County Public Works Building
1901 Highway 25 North
Buffalo, Minnesota 55313
Jet. T.H. 25 and C.R. 138
Telephone (612)682.7383
Facsimile (612) 682.7313
WAYNE A. FINGALSON, r.E.
Highway Engineer
682.7388
VIRGIL G, HAWKINS, P,E,
Assistant Highway Engineer
682.7387
RICHARD E. MARQUETIE
Right of Way Agent
682.7386
December 23, 1999
Rick Wolfsteller, Administrator
City of Monticello
250 East Broadway
P. O. Box 1147
Monticello, MN 55362
Re: 2000 Mainte,nance Agreement
.".:.?/c!
Dear Mr. W9Ji1rt'e11~r:
-;...--'
It is once again time to renew our annual municipal agreement for the maintenance
activities on the road(s) listed on the enclosed agreement.
You may remember that the costs used in computing the reimbursement for the
maintenance agreements is the highest average annual cost per mile for either the rural or
municipal roadway segments in the previous year. This is consistent with state-aid procedures.
In most cases maintenance activities are more costly in municipal areas therefore these are the
routine maintenance costs that are used in computing the cost per mile for reimbursement. To
give you an idea of the cost for each maintenance activity we have shown the 1998 average
cost per mile for each activity in the 2000 maintenance agreement.
I have enclosed two copies of the 2000 agreement for your review and approval by the
City CounciL Please return both copies of the executed agreement. After approval by the
County Board, one of the copies will be returned to you for your files. A check reimbursing
your city for the maintenance activities covered under our 1999 agreement, will be sent to you
under separate cover.
If you have any questions concerning this or if you note any discrepancies please don't
hesitate to contact our office.
Happy Holidays!
Sincerely,
tJ.tlL
w ay~ Fingal
CoUl~' l~j'ighway ngineer
7
Ene.: (2) 2000 Mun. Maintenance. Agts.
Equal Opportunity / Affirmative Actiun Rmployer
5~
MAINTENANCE AGREEMENT - 2000
THIS AGREEMENT made and entered into by and between the City of Monticello hereinafter referred to as
. the "City" and the County of Wright hereinafter referred to as the "County".
WHEREAS, Chapter 162, Minnesota Statutes, permits the County to designate certain roads and streets within the
City as County State Aid Highways, and
WHEREAS, the City has concurred in the designation ofthe County State Aid Highway within its limits as
identified in County Board's resolutions of August 28, October 8, November 5, December 3, December 27, 1957 and
January 7, 1958, and
WHEREAS, it is deemed to the best interest of all parties that the duties and responsibilities ofboth the City and
the County as to maintenance on said County State Aid Highways to be clearly defined,
NOW THEREFORE, IT IS AGREED with regard to said County State Aid Highway maintenance:
That the City will be responsible for routine maintenance on the following highways.
MAINT.
'- PLAN ROAD SEGMENT MILES COST/MI. * TOTAL COST*
C. CSAH 75 Willow St. to E. Jet. CSAH 39 3.74 1,269.88 $ 4,749.35
(Includes four lane portion.)
D. CSAH 39 From City Public Works Bldg. to 0.32 317.47 101.59
W. Jet. ofCSAH 75
B. CSAH 75 Four lane portion 3.10 739.62 2,292.82
. B. CSAH 39 From CSAH 75 to Kampa Cir. 0.40 739.62 295.85
ESTlMA TED TOTAL = $7,439.61
That routine maintenance shall consist of the following: (Maint. Plan)
C. (CSAH 75) - Snow and ice removal.
D. (CSAH 39) - 25% ofthe snow and ice removal.
B. One-time spring sweeping only.
*Based on 1998 average annual costs.
That when the City deems it desirable to remove snow by hauling, it shall do so as its own expense. The City shall
also be responsible for all snow and ice removal on sidewalks and other boulevard related maintenance outside the curb
or street area.
That the County will be responsible for all other maintenance.
.
That the Ci ty shall indemnify, save and hold harmless the County and all of its agents and employees of any form
against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason
of the execution or performance ofthe work provided for herein to be perfonned by the City. It is further agreed that any
and all full-time employees ofthe City and all other employees ofthe City engaged in the perfonnance of any work or
services required or provided for herein to be performed by the City shall be considered employees ofthe City only and
not of the County; and that any and all claims that mayor might arise under Workmen's Compensation Act ofthe State
of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a
consequence of any act or omission on the part of said City employees while so engaged on any ofthe work or services
provided to be rendered herein shall be the sole obligation and responsibility of the City.
(Sheet 1 of 2)
SCo
.
'"'"
.
That the County shall indemnify, save and hold hannless the City and all ofits agents and employees of any form
against any and all claims, demands, actions or causes of actions of whatever nature or character, whether at law or equity,
arising out of or by reason oHhe execution, omission orperfonnance ofthe work provided for herein to be perfonned by
the County including, but not limited to, claims made arising out of maintenance obligations of County, engineering,
design, taking or inverse condemnation proceedings. It is further agreed that any and all full-time employees of the County
and all other employees 0 rihe County engaged in the perfonnance of any work or services required or provided for herein
to be performed by the County shall be considered employees ofthe County only and not ofthe City; and that any and all
claims that mayor might arise under the Workmen's Compensation Act ofthe State of Minnesota on behalf of said
employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on
the part 0 f said County employees while so engaged on any ofthe work or services provided to be rendered herein shall
be the sole obligation and responsibility of the County.
That in December of 2000 , the City shall receive payment from the County for their work. This amount shall
be based on the 1999 average arumal cost per mile for routine maintenance on Municipal County State Aid Highways.
The average annual cost per mile will reHect only those costs associated with the areas of routine maintenance for which
the City is responsible.
ADOPTED:
,20_
ATTEST:
Mayor
City Clerk
CERTIFICATION
1 hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the
City Council of said City on ,20_,
City Clerk
APPROVED AND ACCEPTED:
COUNTY OF WRIGHT
Name of City
Chainnan of the Board
Date
ATTEST:
County Coordinator
Date
.
(Sheet 2 of 2)
sG,
.
.
.
Council Agenda -1/24/00
7.
Public Hearin --Consideration of a resolution ado tin ro osed assessment roll for
bills and certification of assessment roll to Count Auditor. CR. W.
A. REFERENCE AND BACKGROUND:
The City Council is again asked to adopt an assessment roll for utility billing accounts
which arc delinquent more than 60 days and to certify thc assessment roll to the County
Auditor for collection on next year's real estate taxes.
The delinquent utility accounts that are included with the agenda are accounts that are at
least 60 days past due and include all new delinquents from the last time we certified
them. In addition to the delinquent amount, the Council also previously approved the
establishment of an administrative fee of $50 per account that is added to each delinquent
assessment. The amounts shown on the enclosed delinquent utilities list include the
additional $50 administration fee for the preparation of the assessment roll.
It is recommended that the delinquent accounts be put on an assessment roll for
certification at an interest rate of 8% as allowed by state statute. As in the past, if any
accounts are paid within 30 days after the adoption of the assessment roll, they can be
paid without the additional interest. After 30 days, payments will be charged interest and
can be accepted up to November 30,2000.
B. AL TERNA TIVE ACTIONS:
1. Adopt the assessment roll for the delinquent charges as presented.
2. Based on public hearing input, adjust the assessment roll as required.
C. STAFF RECOMMENDATION:
It is staff recommendation that the Council adopt the assessment roll as presented. All of
the accounts are at least 60 days past due and have been given proper notice of this
assessment hearing and ample opportunity to pay the accounts in full. All utility accounts
were notified that there would be an additional $50 administrative fee attached to each
outstanding balance if the account was not paid by 4:30 p.m. on Friday, January 14,2000.
D. SlJPl)ORTING DATA:
· Copy ofrcsolution adopting assessment roll
· Complete listing of delinquent accounts to be certified.
.
.
.
RESOLIJTION NO. 2000-4
RESOLUTION ADOPTING ASSESSMENT ROLL
FOR DELINQUENT UTILITY ACCOUNTS
WHEREAS, pursuant to proper notice duly given as required by law, thc Council has met and
heard and passed upon all objections to the proposed assessment for delinquent utility account
charges,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO,
MINNESOTA:
1. Such proposed assessment, a copy of which is attached hercto and made a part hereof: is
hereby accepted and shall constitute the spccial assessments against the parcels named
herein, and each tract of land therein included is hereby found to be benefitted by thc
assessment levied against it.
2.
Such assessment shall be payable in one (1) annual installment payable on or before the
first Monday in January 2001 and shall bear interest at the rate of 8 percent per annum
from the date of the adoption of this assessment resolution. To the first installment
shall be added interest on the entire assessment hom the date of this resolution until
December 31, 2000.
3. The owner of the property so assessed may, at any time prior to certification of the
assessment to the county auditor, pay the whole of the assessment on such property
with interest accrued to the date of payment, to the City Treasurer, except that no
interest shall be charged if the entire assessment is paid within 30 days from the adoption
of this resolution.
4. The City Administrator shall forthwith transmit a certified duplicate of this assessment
roll to the county auditor to be extended on the proper tax list of the county, and such
assessment shall be collected and paid over in the same manner as other municipal taxes.
Adopted by the City Council this 24th day of January, 2000.
Roger Belsaas, Mayor
Rick Wolf<;teller, City Administrator
1
.
.
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City COline i I Agenda - 0 I /24/00
8.
Consideration of e:rantine: approval of a concept plan for exchan2:ine: city-owned
commercial property for future industrial site owned by John Chadwick and Jim
Bowers (Otter Creek LLC).
REfERENCE AND BACKGROUND
Introduction Information
The City Council is asked to consider granting approval to a concept plan for exchanging
64 acres of City-owned property that is currently zoned commercial for 140 acres of
industrial land owned by Otter Creek LLC. If Council grants preliminary approval, City
staff will then work with Otter Creek LLC on details relating to the exchange. The
following is a summary of the proposed exchange agreement, along with review of the
site as an industrial park. Also included is a review of the benefits to the City and Otter
Creek LLC, and a listing of items that need to be addressed in conjunction with
development of the final agreement.
Proposed Exchange
Under the proposed exchange, Otter Creek LLC provides the City 120 acres of the 178
acres they currently own. Portions of the land provided to the City may be included in
the zone that Otter Creek LLC will be mining. Please note that there will be no
restrictions on the development of the 120 acre area due to mining activity. An additional
20 acres will also be made available to the City upon completion of mining activity. This
20 acre parcel is included in the exchange, however at time of acquisition the City would
be required to pay grading costs for this site which are set at $100,000. This would be a
fixed price that would be paid at time of acquisition which could occur in ten years or
when mining is complete, whichever is sooner. In exchange, Otter Creek LLC will
obtain a 64 acre commercial site from the City and will assume a $300,000 assessment
for utilities and roadways installed in conjunction with development of the frontage road
serving the commuter parking lot. In addition, Otter Creek LLC will assume the
responsibi I ity for payment of the principle costs associated with extension of sanitary
sewer to the Kjellberg West Mobile Home Park.
As part of the proposal, Otter Creek LLC retains long term control of a 38 acre site which
could possibly be used as a location for a Redi- Mix and/or bituminous plant. Approvals
for development of these facilities would need to be acquired by the developer at some
point in the future.
The only cash exchange will occur when the City acquires the 20 acre parcel.
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City Council Agenda - 01/24/00
General Information
The proposal would result in the City obtaining 140 acres ofland well-suited for
industrial uses. The elements of the exchange have been developed aner numerous
meetings between City staff and Otter Creek LLC, and after considerable research on the
relative value of each parcel. City stalT is comfortable that the terms identified represent
last best offers by both sides.
As you know, for some time the City has been contributing funds to an account for the
purpose of purchasing and developing an industrial park at some point in the future. In
addition, it has been a goal of the Industrial Development Committee to identify a good
site for expansion of industrial land areas. This goal has become a higher priority for the
IDC in light of the control of industrial land by a limited number of property owners. In
addition, the IDC has researched other communities to find successful industrial parks
and has found that availability of land controlled by the City can be an important factor in
attracting quality industry. It is very important for the City to be able to move quickly
once a prospect has been identified. 'fhese factors have all combined to cause City stafT
to look at utilizing the City's 64 acre commercial property as an asset to be dealt in
exchange for an industrial site.
The industrial land that the City would acquire under this deal is excellent for industrial
development. For instance:
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The site is very visible from 1-94 and represents one of the few remaining large
tracks of land in a City adjacent to the freeway between Maple Grove and
8t. Cloud.
'fhe road system that will be serving this industrial area will not require that
industrial traffic pass directly through residential areas and provides excellent
access to the Highway 25/1-94 intersection.
Although utilities are not available today they will be on the doorstep soon with
completion of the Chelsea Road improvements programmed for construction this
summer.
Both the City and the MOAA land use plans identify this area for industrial use
which paves the way for annexation.
The general area adjacent to the site has some residential population but is
generally isolated from residential areas. 1-94 extends along the eastern side of
the property, County Road 39 along the north, there is scattered housing which
could be impacted by the mining operation, however the Otter CreckLLC plans
to install berms along the northern edge of the property to limit views of the
mining operation.
According to an industry relocation consultant that recently visited Monticello,
this site is ideal for industrial development due to its great visibility, good access
to Highway 25 and relative isolation from populated areas.
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City COline i I Agenda - 01/24/00
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The City has budgeted funds for the purchase of industrial land, cash in the bank could be
left in to collect interest and be later used in the future to fund the $100,000 grading fee
associated with acquisition ofthe additional 20 acres.
City Benefits
Acquisition of this industrial land will allow the City to control its own destiny with
regard to development of an industrial park. As noted earlier, the Industrial Development
Committee has reviewed successful industrial parks in other communities and found for
example in Anoka, City control of industrial land was instrumental in development of a
high quality industrial park. Attached you will find more information regarding the
Anoka experience. In addition to providing the opportunity to market industrial land, the
proposed exchange could result in relocation of the local Redi- Mix plant which would
result in opening up of valuable commercial land at a key location in the community.
Also, Otter Creek LLC acquisition of the 64 acre commercial property places this land in
the hands of a developer interested in marketing and developing a commercial site which
is I ikely to speed up the process of development of this land for commercial purposes.
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Last of all, the close proximity of the gravel pit will allow the City, County and others to
obtain necessary construction materials at a reasonable cost. There are numerous projects
in the near future that are likely to obtain materials from this site. As you know,
construction costs are impacted by haul distances, obviously a gravel pit at this location
will result in short hauls for projects completed in the Monticello area.
Benefits to Otter Creek LLC
As with the City, the developer benefits because there is no cash outlay required with the
deal. The assessments for improvements to the frontage road on the Remmele property
will be deferred with interest accruing, thus such assessments will not be paid until the
Otter Creek LLC finds aid of a commercial development for the site. Similarly, costs
associated with development of the sanitary sewer serving the Kjellberg site would not be
paid until actual development of the property occurred. In the meantime, Kjellberg
would be responsible for paying interest expenses associated with use of this sanitary
sewer system. The final, most important benefit to the developer is the ability to retain
access to an gravcl supply and associated land necessary for a potential Redi-Mix and/or
bituminous plant in the 20 acre area.
Contingencies
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The proposal that Council is asked to review at this time will become a framework for a
final agreement that Council will need to consider at some point in the future. Following
are details that need to be worked out, thus any Council approval is contingent on the
following:
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3.
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City Council Agenda - 01/24/00
I.
Final agreement to identify terms associated with incremental exchange of land
over time, thus under the proposal the City will not get instant control of the
industrial area. However, the City can have control at such time that a
development became imminent. Similarly, the City would retain control over the
Remmelc site until such time a development is ready to go. City holding of the
Remmele property until the last minute benefits Chadwick by making Kjellberg
pay for the interest on the sanitary sewer serving this site. If the City were to
provide the land to Otter Creek LLC immediately, then Otter Creek LLC would
be responsible for paying the interest expense for this sanitary sewer line.
2. Additional research on the Otter Crcek LLC site as an industrial park needs to be
completed, to assure the City that the site is developable. High water levels need
to be identified in the interior of the site and the grading plan and topography need
to be reviewed to make sure that there is sufficient material exists on the site to
properly balance the high and low spots. It is possible that the City may need to
reserve the right to take material from the remaining Otter Creek LLC property to
fill low spots in the City's industrial area.
The road alignment presented in the attached preliminary site plan will need to be
finalized. There may be opportunities to modify the road alignment in a manner
that makes better use of the available land for industrial development outside of
the power line. Potential for cutting the corner of the cemetery property needs to
be explored.
4. The grading plan approved under the mining permit provided to Otter Creek LLC
wi II need to be reviewed to make sure that the land will be left in the condition
that is well-suited for industrial development.
AL TERNATIVES
1. Motion to approve concept plan outlining exchange of the City's Remmele site
for Otter Creek LLC industrial site.
2.
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City staff will be working with the developer to come up with an agreement that
addresses the items noted above. It is hoped that the agreement governing the
exchange will be available for Council review in the near future.
Motion to table or deny the approval of proposed land exchange.
City Council should select this alternative if it feels that the proposed exchange is
not in the best interest of the City. Perhaps Council feels that the deal is onc-
sided, or in some way not in the best interest of the City to complete.
City Council Agenda - 01/24/00
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RECOMMENDATION
As noted earlier, staff has met with the developer on numerous occasions to hammer out
this deal. It is our view that both parties have bent significantly and that the proposal as
outlined represents a good compromise. The proposal will result in the City
accomplishing a major goal supporting industrial development, most notably without a
direct cash outlay. Although there will be expenses associated with development of
sanitary sewer, water and road systems serving the industrial area, a major portion will be
funded by the land owners benefitting from the extension of these utilities (Groveland
development). It is also likely that development of this site will spur the development of
the water tower planned for this area.
Staff is recommending approval of this exchange due to the numerous benefits as noted
above.
SUPPORTING DATA
Preliminary sketch plan of future industrial area and area map.
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Council Agenda - ] /24/00
9. Consideration of discussin!! potential interest in industrial park land acquisition - Gold
Nugget Property. (RW)
A. REFERENCE AND BACKGROUND:
Over the past few months, staff has met with John Chadwick and Jim Bowers to discuss the feasibility
of acquiring land for a future City owned industrial park. The discussions with Chadwick and Bowers
have centered on the concept of a land swap with the City swapping our 60 acre Remmlc parcel for 120
to 180 acres of land Chadwick and Bowers own near 1-94. These discussions are ongoing and we are
ready to present a concept proposal that can be considered by the Council.
In addition to the Chadwick parcel, the IDC had suggested that City staff also look at other sites that
could be available for industrial use, such as the Gold Nugget parcel. This 220 acre parcel on south
Highway 25 is proposed for industrial zoning by the MOAA and for residential use by the City's
Comprehensive Plan. Unless the City or MOAA changes their proposed land use for this property,
development of this 220 acres would likely be in limbo for a number of years.
Ollie and I recently met with Horst Grazer and Wayne Fleck of Novak-Fleck, owners of the Gold
Nugget parcel, to discuss whether they were interested in selling their property. Because of the current
connict that exists with their intended use of the property with the MOAA, they did indicate they
would consider offers for selling the property. They did not want to state an asking price and are
leaving it up to the City if the City wants to make an offer for their consideration. Mr. Grazer recently
wanted to know what the City's intention might be towards their property and asked that the City give
him an answer one way or another. This brings us to the purpose of this agenda item.
The difficulty in pursuing the Gold Nugget property for industrial development is the connict the
property has with our current Comprehensive Plan. In order for the property to be used for industrial
zoning it would take a four-fifths vote of the Council to change the residential classification to
industrial to match the MOAA Comprehensive Plan. Without four-fifths support, it doesn't appear
feasi ble to consider making any type of an oiler fi.x actual purchase of the Gold Nugget property.
While all of the details have not been agreed to yet in regards to a possible land swap with Chadwick
and Bowers for the Remmle property, the Council may want to consider the merits of one parcel
against another. For example, if the Council believes that a City owned industrial park adjacent to 1-94
consisting of approximately 120-140+ acres is more desirable than a 220 acre parcel further away from
1-94, we may want to focus on one parcel before we consider another oiler on a different piece of
property. T'he primary advantage to focusing on the Chadwick/Bowers property is that we would be
proposing a land swap by trading the Remmle property and avoiding a cash outlay for the land
acquisition. Naturally, improvements for utilities and streets would have to be financed in some
method but this would also be the case for the Gold Nugget property. It is assumed that the City
would not be in a position to make a cash offer for 220 acres of Gold Nugget and would likely have to
finance the purchase through a contract for deed or similar arrangement.
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Council Agenda - 1/24/00
Recently the IDC had asked the eity engineer to present some cost estimates for developing hoth the
Chadwick/Goeman and the Gold Nugget property with infrastructure improvements. Without doing an
in depth study, our engineer estimated that the Chadwick/Goeman parcel could cost $23,000 per acre to
develop with utilities versus $17,000 per acre for the Gold Nugget property. These numbers are
probably high and in reality the Chadwick/Goeman parcel may be in the $] 5,000-$20,000 per acre area
whereas the Gold Nugget could he as low as $13,000-$14,000. Either way, it appears that the
infrastructure might he cheaper within the Gold Nugget property hecause of the ability to utilize
gravity sewer whereas the Chadwick parcel would also need a lift station and f()rcemain. From the
standpoint of desirability for development, I would have to believe that the 120-140 acre parcel from
Chadwick on 1-94 would have a stronger demand by industrial users with access on County Road 39,
and with the new Chelsea Road West extension being completed than would the Gold Nugget parcel
along '1'1-( 25. The visibility and ease of access in the future would likely make the Chadwick/Goeman
parcel more attractive when compared to the distance from 1-94 that the Gold Nugget parcel is. Input
we have received from consultants representing industrial prospects have indicated a preference for the
Chadwick/Goeman parcel.
From a land cost eomparison, the Gold Nugget parcel may command a higher price for residential
development than it would for industrial in the near future. I am aware that Novak-Flcck purchased
140 acres for $1,010,000 or $7,273 per aere in Oetober, 1998. Novak-Flcck has an option agreement
on the balance of 80 acres that they indicated they would be exercising in the near future. As to what
the property is worth today or how much they would sell it for, I do not know, nor do I know what type
of terms they may be willing to accept for financing.
It should he noted that even though the use of the Gold Nugget property is in limbo with the conflict
hetween the MOAA and the City's plan, the City should not feel ohligated to consider purchasing the
property simply hecause of this land use conflict. While it is always possible that the Gold Nugget
owners may seek some type of legal recourse in the future, we should only be looking at a potential
offer if the Council feels this is the best suited site for a City owned industrial park. As a matter of
fact, if the City was to work out a land swap with the Chadwick group, and the Gold Nugget property
remains as a potential industrial site through the MOAA, the City would be accomplishing the same
goal without actually owning the property, i.e., preserving the property for future industrial growth.
The City doesn't have to own property to control its use, which can be accomplished by a land use
plan.
I have included some comparisons of land costs and potential costs for improvements that we recently
prepared for the IDC meeting. A lot of these costs are simply estimates at this time but it does give
the Council an idea of the potential cost for land and improvements in comparing the
Chadwick/Goeman, Gold Nugget and existing industrial park land marketed by Charlie Pfeffer. I have
also included information supplied by our engineer and their rough estimate of devclopment costs for
each of the parcels.
B.
ALTERNATIVE ACTIONS:
1. If the Council is interested in pursuing acquisition of the Gold Nugget parccl, the first
alternative would be to direct the Planning Commission to hold a public hearing to consider
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Council Agenda - 1/10/00
amendments to our Comprehensive Plan for changes in land use from residential to industrial.
An attempt would be made to craft the amendment language in a mmmer assuring compatibility
in land use between the adjoining residential properties to the east without unduly limiting the
desirability of the site for industrial use.
2.
The Council could take no action at this time pending outcome of discussions with
Chadwick/Bowers parcel.
c.
STAFF RECOMMENDATION:
The staff feels there are many advantages to continuing negotiations on a potential land swap on the
Chadwick/Bowers property. Primarily, a land swap would eliminate the need for immediate financing
of a purchase and it is believed that freeway frontage property would be more desirable by future
industrial users. Because of the uncertainty that exists with the Gold Nugget parcel and
Comprehensive Plan amendments that would be needed, purchase options do not appear feasible at this
time. The option does exist to take the property out of limbo by amending the Comprehensive Plan.
The City could then simply leave the property in the hands of Gold Nugget who would then be free to
develop the site for industrial uses.
D, SUPPORTING DATA:
. Development costs summaries.
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. LAND COST COMPARISON
ESTIMATES
Chadwick/Goeman 180 acres Per acre
Rick's offer $1,465,000 $ 8,139
WSB Improvements $3,600,000 $20,000
TOTAL NPV $5,065,000 $28,139
ZONING Industrial
Gold N ue2et 220 acres Per acre
Original $1,600,000 $ 7,273
WSB Improvements $3,080,000 $14,000
TOTALNPV $4,680,000 $21,273
. ZONING CITY Residential
ZONING MOAA Industrial
PfetIer 87.5 acres Per acre
67 acres $2,345,000 $35,000
20.5 acres $ 820,000 $40,000
WSB Improvements $ 724,675 $ 8,282
TOT AL NPV $3,889,675 $44,453
ZONED I-I
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INDUSTRIAL P ARK COMPARISON
GENERAL INFORMATION
Monticello IDC Meeting - December 16, 1999
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Cost estimates are very general and should not be used for
marketing purposes.
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City projects for infrastructure development take from 2-4
months to develop, depending on the scope and decision-
making process.
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Constructionlbidding time lines vary from 1-5 months,
depending on the size and scope of the project.
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Soils in the 3 areas are similar and are compatible for
construction. All areas are typically good granular soils.
. Project layouts are approximate and assume minimum 500' lot
depths.
. Infrastructure system upgrades are dependent on all
development and the speed of development.
C;\ovcrhead$. wpd
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Large (::::: 16 Ac.) Wetland in the Center of the Property.
Limited Immediate Utility Access
Significant Topography With Up to 30' of relief
Will require immediate upgrade of Marvin Road lift station
(may already be complete with the Groveland development).
The infrastructure costs could be lowered if the road alignment
was set to allow for incremental development of the site from
east to west.
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INDUSTRIAL PARK COMPARISON
AREA A
CHADWICK/GOEMAN
Acreage: Approximately 180 Acres
Status:
Vacant / Undeveloped
Issues:
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Approximate Costs:
Summary - Area A
Schedule A - Street Improvements $1,341,268.50
Schedule B - Sanitary Sewer $910,409.50
Schedule C - Watermain $590,947.50
Schedule D - Storm Sewer $1,409,837.00
Total Estimated Project $4,252,462.50
Cost Per Acre (180 Ac.) \ $23,624.79
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INDUSTRIAL P ARK COMPARISON
AREA B
GOLD NUGGET
Monticello IDe Meeting - December 16, 1999
Acreage:
::::: 225 Acres
Status:
Vacant / Undeveloped
Issues:
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Fairly flat site with storm sewer elevation limitations.
Possible sanitary sewer capacity concerns.
No direct access to a major street or signal.
Would not require immediate system upgrade but may require
piping and lift station upgrades depending on the use.
Could require significant grading cost to develop the site with
free draining dock systems.
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A1Wroximate Costs:
Summary - Area B
Schedule A - Street Improvements $1,532,144.90
Schedule B - Sanitary Sewer $493,936.30
Schedule C - Watermain $712,611.90
Schedule D - Storm Sewer $1,196,252.20
Total Estimated Project \ $3,934,945.30
Cost Per Acre (225 Ac.) $17,488.65
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