City Council Agenda Packet 06-22-1998
.
AGE DA
REGULAR MEETING - MO TICELLO CITY COUNCIL
Monday, June 2 ,1998 -7 p.m.
Mayor: Bill Fair
Council Members:
Clint Herbst, Brian Stump Roger Carlson, Bruce Thielen
1. Call to order.
2.
3.
4.
5.
.
6.
7.
8.
.
A.
Approval of minutes of the regul meeting held May 26, 1998.
B. Approval of minutes ofthe regula meeting held June 8, 1998.
Consideration of adding items to the age da.
Citizens comments/petitions, requests, an complaints.
Consent agenda.
A. Review of bids for 1998 sealcoati g and consideration of award of contract.
Consideration of items removed from the consent agenda for discussion.
Consideration of accepting 1997 audit re ort.
Consideration of Chamber of Commerce proposal to develop and maintain a banner
system.
9. Consideration of accepting preliminary a reement between the City and the Minnesota
National Guard for joint development an operation of the community and training
center.
10.
Consideration of a resolution adopting
study, and ordering plans and specificati
improvements.
assessment agreement, accepting a feasibility
ns for the St. Henry's Church utility and road
11. Consideration to authorize exploring the development of a scattered housing program.
12. Consideration of bills for the last half of June, 1998.
13.
Adjournment.
.
MINU ES
REGULAR MEETING - MON ICELLO CITY COUNCIL
Tuesday, May 26 1998 - 7 p.m.
Members Present:
Bill Fair, Clint Herbst, Bria Stumpf, Roger Carlson, Bruce Thielen
Members Absent:
None
2.
A.
6 1998.
A MOTION WAS MADE BY BRIA STUMPF AND SECONDED BY ROGER
CARLSON TO APPROVE THE MIN TES OF THE SPECIAL MEETING HELD
MAY 6,1998, AS WRITTEN. Votin in favor: Bill Fair, Clint Herbst, Brian
Stumpf, Roger Carlson. Abstainin : Bruce Thielen. Motion carried.
B.
A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN
STUMPF TO APPROVE THE MINU ES OF THE REGULAR MEETING HELD
MAY 11, 1998, AS WRITTEN. Mot on carried unanimously.
c.
.
A MOTION WAS MADE BY ROGE CARLSON AND SECONDED BY CLINT
HERBST TO APPROVE THE MINU ES OF THE SPECIAL MEETING HELD
MA Y 14, 1998, AS WRITTEN. V oti g in favor: Roger Carlson, Clint I-Ierbst, Bill
Fair. Abstaining: Bruce Thielen, rian Stumpf. Motion carried.
3.
A. Council discussed helping to spons r a second Sentence to Serve crew in Wright
County by splitting the $26,000 co t with the City of Buffalo. The City's
commitment would be for one year at a cost of $13,000 and would guarantee
access to the crew one day per wee .
After discussion, the majority of C uncil members agreed to proceed with
sponsoring a second Sentence to S rve crew for one year at a cost 0[$13,000.
4.
Mr. Todd Swanson, owner of the L'[e Fitness Centers in Monticello, read a letter
stating his concerns regarding the c mmunity center and how it will negatively
impact the local health club. He re uested that the Council amend the final
concept design so as not to include any services already provided by other local
businesses.
A.
.
Page I
~/l-
.
.
.
Council Minutes - 5/26/98
B.
Ms. Wanda Kraemer made a pres ntation on activities that will take place during
the annual Walk & Roll pathway elebration on Saturday, May 30, 1998.
C. Mr. Scott Douglas of the Montice 10 Fire Department urged the City Council to
consider adapting to the County's addressing grid system to make it easier for
emergency personnel to locate ho es in the city. Mayor Fair suggested that the
Police Commission review this re uest at its next meeting.
A.
5. Consent agenda.
B.
C.
D.
E. Consideration of a resol ion aut
for ext nsion of sanita ewer to he Monte lub sit . Recommendation:
Authorize preparation of plans d specifications for extension of sanitary sewer
service to the Monte Club site co tingent upon the developer providing $3,800,
which is the estimated cost for th plans and specifications.
A MOTION WAS MADE BY BRIAN STU PF AND SECONDED BY BRUCE THIELEN TO
ADOPT THE CONSENT AGENDA AS R COMMENDED. Motion carried unanimously-
6.
consent a end for discussion.
None.
Pa e 2
;2.4--
Council Minutes - 5/26/98
. 7.
City Engineer Bret Weiss reported that the Trunk Highway 25 improvement project is a
federal aid project commissioned by the D partment of Transportation to improve
Highway 25 to a four-lane, divided highw y from 1-94 to just south of Kjellberg's Mobile
Home Park. The project also includes up ading and installing a cul-de-sac for Oakwood
Drive; extension of Chelsea Road with de elopment of a new intersection; development
of Dundas Road as a three-quarter access; evelopment of School Boulevard to just
beyond the proposed Park-N-Ride lot; and utility, lateral storm sewer, and pathway
improvements.
The City's portion of the project was esti ated at $1,725,700, and it was proposed that
the properties adjacent to the new street c nstruction be assessed in the amount consistent
with the benefit provided to the properties Potential assessments were estimated at $73
per front foot based on a 40-ft wide street.
The City Engineer also noted that Counci should open the public hearing for public
comment but continue the public hearing ntil all details have been finalized with
MN/DOT.
.
Mayor Fair opened the public hearing.
Mr. Larry Martin, representing McDonal sand SuperAmerica, noted his concern
regarding the installation of a median on akwood Drive in front of McDonalds and
SuperAmerica and requested an opportun ty to present information from their traffic
engineer. He asked if Oakwood Drive w uld become a cul-de-sac and if development of
a roadway between the bus garage and S erAmerica was still a part of the project. The
City Engineers responded that Oakwood rive will become a cul-de-sac because the area
has now been petitioned for development and additional traffic is anticipated; the
roadway between the bus garage and Sup rAmerica was deleted from the project since
the median was shortened to allow access to SuperAmerica. After discussion,
Councilmember Bruce Thielen suggested that the City consider including construction of
a roadway between the bus garage and S perAmerica in conjunction with the
Highway 25 project.
Mr. Kurt Kjellberg, representing Plaza P
Council consider extending Chelsea Roa
traffic lights on Highway 25 at Kjellberg
for pedestrians.
ners and Kjellbergs, Inc., requested that
all the way to Marvin Road and installing
Mobile Home Park to provide a safe crossing
.
Mr. Dan Mielke, owner of Ultra Lube, re uested that Council consider removal ofthe
median proposed for Chelsea Road so th t the customers of Ultra Lube and Subway do
not have to access their businesses from he rear.
Pa e 3
.;l~
.
.
.
Council Minutes - 5/26/98
Mr. Ron Chihos of General Rental stated hat he didn't feel the median was necessary on
Oakwood Drive, as it was his view that m st of the congestion was during the early
morning rush hour.
There being no further public comment, t e Mayor closed the public hearing.
AFTER DISCUSSION, A MOTION WAS ADE BY BRUCE THIELEN AND SECONDED
BY BRIAN STUMPF TO CONTINUE THE UBLIC HEARING AT A LATER DATE FOR
THE TRUNK HIGHWAY 25 IMPROVEME T. Motion carried unanimously.
8.
Economic Development Director Ollie K ropchak reported that the proposal is for an
economic development district to facilitat the construction of a 60,000 sq ft
manufacturing and distribution facility fo Midwest Graphics, which will create 37 new
jobs with wages between $8.24 to $12 per hour.
Rusty Fifield of Ehlers and Associates no ed that TIF would be used as reimbursement
for land acquisition, site improvements, p blic improvements, and utilities, and increment
would be collected over a period of not 10 ger than 11 years. In addition, the City and the
HRA will make a qualifying local contrib tion, thereby not subjecting the City to a
HACA penalty.
Mayor Fair opened the public hearing.
There being no public comment, the May r closed the public hearing.
A MOTION WAS MADE BY CLINT HERB T AND SECONDED BY ROGER CARLSON TO
APPROVE A RESOLUTION ADOPTING T E MODIFIED REDEVELOPMENT PLAN FOR
CENTRAL MONTICELLO REDEVELOPM NT PROJECT NO.1 AND ESTABLISHING TIF
DISTRICT NO. 1-23 AND ADOPTING TH RELATED TIF PLAN THEREFOR. Motion
carried unanimously. SEE RESOLUTIO 98-21.
9.
Assistant Administrator Jeff O'Neill repo ed that Russ and Paula Adamski requested a
zoning ordinance text amendment to aHo outdoor go-cart tracks as a conditional use
within the 1-1 district in order to accomm date an expansion of the existing roller rink
amusement area to include an outdoor go- art track. The Planning Commission voted to
recommend denial of the proposed use ba ed on a iinding that any amendment of the
~It
.
Council Minutes - 5/26/98
zoning ordinance to accommodate this us would be incompatible with the surrounding
current and future land uses; however, th applicant requested that the City Council refer
the matter back to the Planning Commiss on for further review since they were not able
to attend the meeting and felt they could rovide additional information.
AFTER DISCUSSION, A MOTION WAS ADE BY BRUCE THIELEN AND SECONDED
BY ROGER CARLSON TO REFER THE Z NING AMENDMENT AND CONDITIONAL
USE PERMIT REQUEST BACK TO THE PANNING COMMISSION FOR
CONSIDERATION OF ADDITIONAL INF RMA TION. Motion carried unanimously.
A MOTION WAS MADE BY BRUCE THIELEN A D SECONDED BY ROGER CARLSON TO
TAKE A 5-MINUTE RECESS. Motion carried un nimously.
.
.
10.
City Engineer Bret Weiss reported that at the last meeting, the City Council determined
that the straight alignment with the bulb as the least expensive option to the City, which
was set as the base from which additional costs to St. Henry's Church would be
calculated for alternative alignments.
Bret Weiss explained that after further ne otiations with representatives of St. Henry's
Church, the angled bridge option with a urved approach to 7th Street was chosen. The
revised cost analysis utilized the assumpt on of a 44-ft street width, with the Church
paying 73% of the cost and the City payi g 27%, which consists of the oversizing from
32 ft to 44 ft, and it was the City Enginee 's recommendation that the City split the fill
cost with the Church, which would amou t to a Church contribution of approximately
$130,000. In addition, he recommended hat the Church pay for up to $200,000 in excess
bridge costs, donate land to the City for t e placement of the park being removed as part
of the project, dedicate 80 ft of right- of- ay for 7th Street along with the necessary
sloping easement north of 7th Street, and provide the storm sewer ponding onsite for the
pond located in the southeast comer ofth ir site with construction of the pond completed
at the Church's cost. In addition, it was s ggested that some of the grading work be
completed by the Church's contractor so hat the onsite fill can be maximized and lower
the overall grading costs. In regard to w ter main, the analysis assumed that the City
would pay for the difference between an -inch and 12-inch water main.
Father Marc ofSt. Henry's Church noted that the option selected was not considered a
good option but was the least objectiona Ie to the Church. He asked that the Council
explain how the Church would benefit fr m assessments as noted on page 43 ofthe
Transportation Plan, and he stated that th lawyers representing the Church questioned
the legality of the City putting condition on the building permit.
Pa e 5
;t"
Council Minutes - 5/26/98
.
Patrick O'Donnell, parishioner of 81. He's, stated that 81. Henry's is a Church and
should not be considered a developer. He a ked why the costs for the road must be
assessed now since the road isn't going thr ugh at this time.
City Engineer Bret Weiss responded that th re are strict rules and standards that the City
must adhere to when developing a state aid oad. He explained that the term "developer"
has been used by both the Church and the City because they are developing property. In
regard to the question of legality of the con itions attached to the building permit, a
memo was received from the City Planner ddressing issues brought up by the Church's
attorney; however, a response had not yet b en received from the City Attorney. It was
also noted that with the road shifted to one ide of the property, 81. Henry's bears the
brunt of assessments for both sides.
Jim Ridgeway of 81. Henry's stated that a p an for the church was presented to the
Council at the time the property was rezone to 1-1. He noted that they were aware of the
7th Street project, but the bridge was not an issue at that time, and he questioned why the
Church should pay the brunt of the cost bee use the bridge location was changed. Public
Works Director John 8imola responded that he met with Church representatives
regarding bridge location before the propert was surveyed, and that of the four
alternatives prepared, the original location as the only option that worked.
.
John Olson, Business Administrator for S1. enry's Church, reported that ifthe Council
approves the proposal as presented by the C ty Engineer, it will be presented to the
Church committee for a decision of whether to continue. If they vote to continue, he
noted that it would be with HRA participati n.
After discussion, Council was in agreement ith the oversizing costs as presented by the
City Engineer.
A MOTION WAS MADE BY BRUCE THIEL N AND SECONDED BY CLINT HERBST TO
APPROVE THE ANGLED BRIDGE WITH A URVED APPROACH TO 7TH STREET AND
TO AUTHORIZE THE CITY ENGINEER TO REP ARE A FEASIBILITY STUDY
CONTINGENT ON THE FOLLOWING:
1. THE CHURCH OF ST. HENRY CON RIBUTES $130,000 TOWARD THE FILL
COST FOR 7TH STREET.
2. AN AGREEMENT TO PAY FOR UP 0 $200,000 IN EXCESS BRIDGE COSTS BE
COMMITTED TO BY ST. HENRY'S HURCH IN A DOCUMENT THAT IS
PREPARED BY THE CITY ATTORN Y AND REVIEWED BY ST. HENRY'S
ATTORNEY IN A MANNER THAT AKES IT UNDERSTOOD THAT THE
CHURCH IS RESPONSIBLE FOR TH SE COSTS AT SOME TIME IN THE
FUTURE WHEN THE BRIDGE IS CO STRUCTED.
.
Page 6
.:2-fI-
.
.
.
3.
THE CHURCH SHOULD DONAT
OF THE PARK THAT IS BEING
CITY WILL ASSUME COSTS OF
GRADING THE SITE.
Council Minutes - 5/26/98
LAND TO THE CITY FOR THE PLACEMENT
MOVED AS A PART OF THIS PROJECT. THE
LOCATING THE PARK STRUCTURES AND
4. THE CITY WILL PURCHASE EXCESS RIGHT-OF-WAY FROM THE CHURCH
ASSOCIA TED WITH THE BRIDG CONSTRUCTION, BETWEEN THE 1-94
RIGHT-OF-WAY AND THE SOUT EDGE OF PROPOSED 7TH STREET, AT A
COST TO BE AGREED UPON BY HE CHURCH AND CITY. THE CITY WILL
NOT PURCHASE EXCESS RIGHT OF-WAY FOR 7TH STREET, AND THE
CHURCH WILL DEDICATE 80 FT OF RIGHT ~OF- WAY FOR 7TH STREET
CONSTRUCTION, ALONG WITH HE NECESSARY SLOPING EASEMENT
NORTH OF 7TH STREET.
5. THE CHURCH WILL BE RESPON IBLE FOR PROVIDING THE STORM SEWER
PONDlNG ONSITE FOR THE PON LOCATED IN THE SOUTHEAST CORNER OF
THEIR SITE AND THE CONSTRU nON OF THE POND WILL BE COMPLETED
AT THE CHURCH'S COST.
6. THE CHURCH'S CONTRACTOR ILL COMPLETE SOME OF THE GRADING
WORK IN AN EFFORT TO MAXI IZE THE ONSITE FILL AND LOWER THE
OVERALL GRADING COSTS.
7.
THE CITY WILL PAY THE D1FFE NCE FOR OVERSIZING FROM A 32-FT
STREET WIDTH TO 44 FT.
8. THE CITY WILL PAY THE D1FFE NCE FOR OVERSIZING FROM AN 8-INCH
TOA I2-INCHWATERMAIN.
Motion is contingent on St. Henry's Chur h accepting the plan and conditions and
subsequent assessment agreement that wo ld support the future project. Motion carried
unanimously.
11.
C n ideration of acce tin fi ibi.t
Marvin Road improvement proiect.
he
Staff reported that the Marvin Road impro ement has been identified as part ofthe
planning process for providing adequate a cess to the land area located west of
Highway 25 and south ofI~94. Business wners along Oakwood Drive identified Marvin
Road as being needed at the time that Oak ood Drive is disconnected from Highway 25.
The improvement will also include extend ng Chelsea Road approximately 500 ft
westerly from Sandberg Road in order to rovide access to the new Marvin Road.
Pag 7
.;2. It
.
12.
.
.
Council Minutes - 5/26/98
A MOTION WAS MADE BY BRIAN STU PF AND SECONDED BY CLINT HERBST TO
ADOPT A RESOLUTION ACCEPTING THE FEASIBILITY REPORT AND ORDERING A
PUBLIC HEARING FOR JUNE 8, 1998,0 THE PROPOSED IMPROVEMENTS OF
MARVIN ROAD AND THE CHELSEA RO D EXTENSION. Motion carried unanimously.
SEE RESOLUTION 98-23.
FINAL CONCEPT DESIGN - COMM NITY CENTER
Mark Wentzell of Ankeny Kell Architect reviewed the final concept design of the
community center and noted that change occurring from the user group meetings
resulted in a slight increase in the size of he facility, the largest increase being made in
meeting space; however, in an effort to s y within budget, resulting additional costs were
off-set by removal of certain quality item. The current cost of the project was estimated
at $9,605,026, and the average annual de t service was estimated at $582,844, a $31,716
difference from the $551,128 amount pre iously approved by Council. Rusty Fifield of
Ehlers & Associates stated that he felt th $31,000 amount could be further reduced.
Mr. Wentzell added that there were three areas of the budget from which reductions could
be made: the contingency amount; furni re, fixtures, and equipment; and the alternate
list such as using concrete rather than tile around the pool.
Councilmember Clint Herbst voiced his pposition to development of a community
center without a vote and stated that he a reed with the health club owner that portions of
it would be a duplication of school and h alth club facilities. Public Works Director John
Simola suggested that Council consider r: moving items from the project that would
compete with local businesses and instea move the motor vehicle office into the
community center.
SANITARY SEWER RELOCATION
City Engineer Bret Weiss reported that r location of the existing 18-inch sanitary sewer
interceptor located along 5 ~ Street fro Locust Street to Walnut Street is necessary to
allow construction of the community cen er. He reviewed four alternatives ranging in
cost from $53,518 to $269,963. It was n ted that Alternative C would involve removal of
two spurs; however, approval had not ye been received from the railroad.
Pa e 8
;tA-
.
.
13.
.
Council Minutes - 5/26/98
EMINENT DOMAIN PROCESS FOR COMMUNITY CENTER SITE
Assistant Administrator Jeff O'Neill repo ed that Dan Wilson has been negotiating with
Arve Grimsmo, owner of the parcel plan ed for construction of the community center.
Although negotiations have been going ell, it was recommended that the City Council
initiate its powers of eminent domain to cquire the land so that, in the event negotiations
are not fruitful, the land can be legally ac uired.
FIRE HALL DRIVEWAY ACCESS I PROVEMENTS
City Engineer Bret Weiss reviewed the poposed access improvements for the fire hall
and noted that the fire department has req ested additional electronic warning equipment
to address the increased pedestrian and v hicle traffic associated with the proposed
community center. In addition, they also requested that the parking lot be moved to the
west in order to create parking on both si es of the drive aisle, allowing enough space for
trucks to drive through.
AFTER DISCUSSION, A MOTION WAS ADE BY BRUCE THIELEN AND SECONDED
BY ROGER CARLSON TO TABLE APPR VAL OF THE FIRE HALL DRIVEWAY ACCESS
IMPROVEMENTS TO ALLOW THE CITY ENGINEER TIME TO ADDRESS THE FIRE
DEPARTMENT'S REQUESTS. Motion c ied unanimously.
A MOTION WAS MADE BY BRUCE THI LEN AND SECONDED BY ROGER CARLSON
TO APPROVE THE COMMUNITY CENT R CONCEPT DESIGN AS RECOMMENDED
AND AUTHORIZE PREPARATION OF T E PLANS AND SPECIFICATIONS, KEEPING IN
MIND THE AL TERNA TES IN ORDER TO KEEP THE COST MANAGEABLE; AUTHORIZE
INITIA TION OF THE EMINENT DOMAI PROCEDURE FOR ACQUISITION OF THE
COMMUNITY CENTER SITE; AND ACC PT THE FEASIBILITY STUDY AND
AUTHORIZE PREPARATION OF PLANS NO SPECIFICATIONS FOR SANITARY
SEWER LINE RELOCATION USING OPT ONS C & 0 COMBINED AS THE FIRST
CHOICE AND OPTION A AS THE SECO D CHOICE. Voting in favor: Bill Fair, Bruce
Thielen, Roger Carlson. Opposed: Clint erbst, Brian Stumpf. Motion carried.
SEE RESOLUTION 98-22.
Assistant Administrator Jeff O'Neill repo ed that the Parks Commission prepared a
concept plan for improvements to East/W st Bridge Park, which included the
reconnection of Walnut Street to River St eet and replacement and relocation of a lift
station. In addition, the plan calls for bui ding a terraced wall on each side of
Highway 25 to set the framework for fut e development of the park itself. The Parks
Commission elected to delete the observa ion deck from the first phase. The estimated
cost of the entire project, including impro ements to Walnut Street and the lift station, is
$734,900; total cost of the proposed first hase is $281,000 after removal of the
observation deck from the project.
Pag 9
.:2-A-
.
.
.
Council Minutes - 5/26/98
Mr. Scott Douglas noted that Walnut Stre t was connected to River Street in the past and
created problems for some of the business s along Walnut. Public Works Director John
Simola added that the City should hold a eeting with property owners regarding the
extension of Walnut Street to discuss the e fects ofthe project.
Mr. Pat Sawatzke, one of the property 0 ers along Walnut Street, agreed that
improvements were needed to the park bu noted his concern about the impact to his
property if Walnut Street is extended. He oted that properties were assessed for filling
in the area when Walnut Street was disco ected from River Street and felt that property
values would suffer if the grade was retu ed to its original status. Mr. Sawatzke
requested that City staff meet with propert owners to review the impacts the project will
have on parcels along Walnut Street prior 0 approval ofthe feasibility study.
AFTER DISCUSSION, A MOTION WAS M DE BY BILL FAIR AND SECONDED BY
BRUCE THIELEN TO AUTHORIZE PREP RATION OF PLANS AND SPECIFICATIONS
ON THE LIFT ST A TION/SANIT ARY SEW R IMPROVEMENTS AND TERRACED
W ALLS; DELAY THE OBSERV A nON DE K AS RECOMMENDED BY THE PARKS
COMMISSION; AUTHORIZE REMOVAL F THE CONCESSION STAND IN BRIDGE
PARK AS REQUESTED BY THE PARKS C MMISSION; TABLE IMPROVEMENTS TO
WALNUT STREET PENDING FURTHER ESEARCH. Motion carried unanimously.
14.
Consideration of bill fi r the last half of
A MOTTON WAS MADE BY BRIAN STU PF AND SECONDED BY ROGER CARLSON
TO APPROVE THE BILLS FOR THE LAST HALF OF MAY 1998 AS PRESENTED. Motion
carried unanimously.
A MOTION WAS MADE BY BRUCE THIELEN A 0 SECONDED BY BRIAN STUMPF TO
ADJOURN THE MEETING. Motion carried unani ously.
Karen Doty
Deputy City Clerk
Page 10
:LfI-
.
.
.
MINU ES
REGULAR MEETING - MON ICELLO CITY COUNCIL
Monday, June 8,1998 - 7 p.m.
Members Present:
Bill Fair, Clint Herbst, Bria Stumpf, Roger Carlson, Bruce Thielen
Members Absent:
None
2. A.
A MOTION WAS MADE BY ROGE CARLSON AND SECONDED BY BILL FAIR
TO APPROVE THE MINUTES OF T E SPECIAL JOINT COMMISSION MEETING
HELD MAY 21,1998, AS WRITTEN. Voting in favor: Bill Fair, Roger Carlson.
Abstaining: Clint Herbst, Brian Stu pf, Bruce Thielen.
B.
1998.
A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT
HERBST TO APPROVE THE MINUT S OF THE SPECIAL MEETING HELD
MAY 26,1998, AS WRITTEN. Moti n carried unanimously.
3.
Consideration of adding items to the agenda
None.
4.
None.
5. Consent agenda.
Councilmember Brian Stumpf requested tha item 5E be removed from the consent
agenda for discussion.
A. Consideration ftransient merchant r inance amen ment. Recommendation:
Adopt the ordinance amendment allo ing the sale of farm or garden fruits and
vegetables from June 15 through Sep ember 15.
SEE ORDINANCE AMENDMENT O. 310.
B. Consideration of r newin con ract fi r Cit Assessor services for 199 -1999-
Kramber & Associates. Recommen ation: Renew the contract for city assessing
services with Mr. Kramber for the 19 8-1999 assessment year at the rate of $6.75
per parcel.
Page 1
~6
.
c.
Council Minutes - 6/8/98
D. ermit to allow a beaut and
tannin salon in a PZ erforman zone m d zone. A licant T m and
Susan Grossnickle. Recommendati n: Approve the conditional use permit for a
beauty and tanning salon in a PZM district, based upon a finding that the proposed
use would be compatible with the int nt of the comprehensive plan and PZM
zoning district, subject to the followi g conditions:
.
.
1. The parking lot and driveway are paved, striped, and curbed in accordance
with zoning ordinance requir ments.
2. Setbacks of new parkingldriv way improvements are maintained in
accordance with the ordinanc standards and verified by survey.
3.
An intensive screening and I dscaping border, including both planting
and fencing, is provided betw en this use and adjoining residential
properties.
E.
4. The structure is certified for c mmercial use by the City Building Official.
5. A residential building charact r is maintained to provide the appropriate
streetscape and compatibility ith the residential neighborhood.
F.
G.
;J..g
Council Minutes - 6/8/98
.
district, based upon a finding that t e use is consistent with the purpose of the I-I
district and comprehensive plan objectives.
SEE ORDINANCE AMEND MEN NO.313.
Approve a conditional use permit t allow an outdoor go-cart track in the I-I
district based upon a finding that th proposed use has met or will meet, with
appropriate changes, the conditions as defined in the zoning ordinance, including
adequate screening to protect adjac nt properties and adequate parking to
accommodate the proposed use and compatibility with the area and
comprehensive plan objectives. A roval is subject to the following conditions:
1. The conditional use permit ill be reviewed yearly to determine whether
or not it is compatible with eighboring properties and in conformance
with conditions of the condi ional use.
2. A solid 6-ft high wood fenc be provided around the rear yard of the
subject property.
3.
The applicant provide a Ian scape plan that provides planting materials of
the type and quantity necess ry to supplement the required wood fence as
an effective screenlbuffer. aid landscape plan shall be subject to review
and approval of the City Co ncil.
.
4. The go-cart track be surface with concrete or bituminous material.
5. No exterior public address s stem or loud speakers be utilized on the
subject site.
6. The parking lot be improve so as to provide 70 parking stalls, two of
which must be disability acc ssible with a 7-ft access lane in between.
7. Any expansion of uses on th subject site shall require an amendment to
existing conditional use per it subject to compliance with zoning
ordinance provisions, subjec to review and recommendation ofthe
Planning Commission and a proval of the City Council.
8. The site plan be revised to i dicate the location of any and all site lighting.
Additionally, the applicant s all provide details regarding all exterior light
fixtures including photomet ic illumination fields. All site lighting shall
be subject to review and rec mmendation of the Planning Commission
and approval of the City Co ncil.
.
Page
~
.
.
I.
1.
H.
Council Minutes - 6/8/98
1. Platting of the property cr ating separate lots for the St. Henry's and
St. Benedicts sites, with a propriate access easements.
2. A conceptual site illustrati g an additional 24 parking spaces which could
be built under a "proof of arking" agreement with St. Benedicts. This
total would accommodate ne space per unit for the assisted living project,
splitting the proposed visit r's parking between the two buildings.
3. Preparation of a landscape plan which includes buffer yard plantings as
required between institutio al and high-density residential projects.
4. Preparation of a landscape Ian which includes one-half of the buffer yard
requirements between the igh-density residential and industrial property
on the east.
5.
Appropriate site grading d utility plans approved by the City Engineer.
A MOTION WAS MADE BY CLINT HERB T AND SECONDED BY ROGER CARLSON TO
APPROVE ITEMS SA, 58, 5C, 5D, SF, 5G, H, 51, AND 51 OF THE CONSENT AGENDA AS
RECOMMENDED. Motion carried unani ously.
.
Page 4
.2$
.
.
.
Council Minutes - 6/8/98
6.
Consideration of items removed from the c nsent a enda for discus i n.
5E.
Assistant Administrator Jeff O'Neil reported that the developer has proposed to
remove two ofthe 78 lots from the ite, which greatly increased the number of
conforming lots on site. There will be no need for a reduction in the side yard
setback on the garage side of home , and most of the 76 lots will meet standards
with regard to lot width and area. I addition, the street right-of-way width was
increased to 60 ft with a concurrent allowance for a 5-ft reduction in the front yard
setback.
The Planning Commission recomm nded approval of the planned unit
development and preliminary plat b t tabled the rezoning request pending a
decision on annexation by the MO A. They also recommended approval of an
on-road pathway system as an alte ative to the sidewalk system proposed in the
staff report.
Councilmember Brian Stumpf ques ioned why one of the conditions of the plat
was "redesign to 60-ft right-of-way width with an allowance for 25-ft front yard
setbacks," and he expressed conce regarding the number of nonconforming lots
proposed for the development. Jeff O'Neill explained that the public works
department requested the change in the right-of-way width, and the front yard
setback was reduced in exchange fo tree preservation in the rear yard space. He
also noted that in exchange for a sli htly higher density, the City will receive 10%
of land area as cash for park dedica ion and wooded hillsides as outlots, which is
more than the required park dedicat on.
Councilmember Stumpf also questi ned the deed restriction requirement for snow
removal. The Assistant Administra or noted that the City proposed to make
concessions to accommodate the sp cial design of the area and the preservation of
trees; however, no concessions wer made regarding snow removal, and the deed
restriction identifies the homeowne as the responsible party for removing plowed
snow from the upper cul-de-sac an the turn-around off of Marquette Drive.
AFTER DISCUSSION, A MOTION AS MADE BY BRUCE THIELEN AND
SECONDED BY ROGER CARLSON TO TABLE THE REZONING REQUEST AND
APPROVE THE PLANNED UNIT D VELOPMENT AND PRELIMINARY PLAT OF
WILDWOOD RIDGE SUBJECT TO HE FOLLOWING CONDITIONS:
1.
REMOV AL OF TWO LOTS ROM THE PLAT RESULTING IN 76 LOTS,
WHICH WILL ALLOW AD ERENCE TO SIDE YARD SETBACK
STANDARDS.
Page 5
~
.
.
.
2.
Council Minutes - 6/8/98
IDENTIFICATION OF A N TURAL TRAIL THROUGH THE HILLSIDE OF
OUTLOT B, WITH A CO ECTION TO COUNTY ROAD 118 ACROSS
THE NORTHERNMOST L T - LOT II OF BLOCK 2.
3. SlDEW ALK ALONG WILDWOOD BOULEVARD AND WILDWOOD WAY
TO OUTLOT C, CONNECT NG VIA P A THW A Y THROUGH OUTLOT C TO
THE CITY'S WATER TOW R SITE, OR DEVELOPMENT OF A
COMBINATION ON-ROA OFF-ROAD PATHWAY.
4. REDESIGN OF THE PLAT 0 SHOW 60-FT RIGHT-OF-WAY WIDTH
THROUGHOUT WITH AN LLOW ANCE FOR 25-FT FRONT YARD
SETBACKS.
5. ESTABLISHMENT OF A 0 ED RESTRICTION FOR THE PURPOSE OF
IDENTIFYING HOMEOWN R RESPONSIBILITY FOR REMOVING
PLOWED SNOW FROM TH UPPER CUL-DE-SAC AND THE TURN-
AROUND OFF OF MARQU TTE DRIVE.
6. MODIFICA TION OF THE PAT TO INCLUDE RADIUSES AT THE
INTERSECTION OF RIGHT- F- WAY PER PUBLIC WORKS
RECOMMENDA TION.
7.
PROVISION OF 60-FT RADI S ON THE CUL-DE-SAC OFF OF THE WEST
SIDE OF MARQUETTE DRI E.
8. RECOMMENDA TION OF T E CITY ENGINEER ON GRADING, STORM
WATER CONTROL, AND U ILITIES.
9. PARK DEDICATION CONSI TING OF OUTLOTS FOR PRESERVATION
OF TREES AND CASH IN T E AMOUNT OF ] 0% OF THE RA W LAND
VALUE.
Motion carried unanimously.
7.
Public hearin~ on the Marvin Road proiect.
Mr. Ron Bray of WSB & Associates reporte that, in conjunction with the Highway 25
project, street and utility improvements are p oposed for Marvin Road from Chelsea
Road to Oakwood Drive, along with extensi n of Chelsea Road from Sandberg Road
westerly to the proposed Marvin Road inters ction, which will serve as access to future
development to the west. Interchange impro ements will be constructed after the
Highway 25 improvements, and Oakwood 0 ive will Iikely be disconnected from
Highway 25 in July 1999. It was also noted hat MN/DOT has expressed a willingness
to discuss a possible contribution toward the xtension of Chelsea Road and the street
improvements for Marvin Road.
Page 6
~
.
.
.
Council Minutes - 6/8/98
City Engineer Bret Weiss reported that th total cost of the project was estimated at
$997,958, not including possible contribu ions from MN/DOT or right-of-way
acquisition costs. Funding for the Marvi Road improvements will be derived from
various City funds and special assessmen s estimated at $520,171. The cost to construct
the Chelsea Road segment will be financ d with City funds. He also noted that several
developers are proposing to develop prop rty in this area and are proposing a slightly
different alignment; therefore, Council m y want to table this item until additional
meetings can be held with developers and property owners in the area.
Mayor Fair opened the public hearing.
Leonard Levine, representing property 0 ers in the area, noted concerns regarding loss
of access to Highway 25 and the proposed assessment amounts. He requested that
Council table action on the project to allo additional discussions between WSB,
MN/DOT and property owners, as it was is view that MN/DOT should contribute funds
to the additional improvements resulting fi om the Highway 25 project.
Tod Navaczyk, owner of the Wendy's pro erty, stated that disconnecting Oakwood Drive
from Highway 25 will take away the use d reduce the value of his restaurant facility.
There being no further public comment, ayor Fair closed the public hearing.
AFTER DISCUSSION, A MOTION WAS M DE BY BILL FAIR AND SECONDED BY
BRIAN STUMPF TO TABLE ACTION ON HE MARVIN ROAD/CHELSEA ROAD
PROJECT PENDING FURTHER STUDY. otion carried unanimously.
8.
onsideration of a r
residential subdivi i
Assistant Administrator Jeff O'Neill report d that Gold Nugget Development is
proposing a residential planned unit develo ment consisting of 220 acres south of
Kjellbergs East Mobile Home Park. The p oject would consist of a combination of
approximately 339 single family homes, 1 6 townhomes, 20 twin homes, and 40
detached townhomes, a total of 577 units. n addition, 5.5 acres in the southwest comer
of the project was reserved for commercial use.
Horst Graser, representing Gold Nugget D velopment, reviewed the proposed PUD and
noted that the project concept utilizes a "lin ar park" design throughout the subdivision.
The development proposes varied individu 1 lot sizes to include a series of about 43
scattered, nonconforming lots, using a stan ard of 10,000 sq ft and a 65-ft width; a
variance from the side yard setback standar ; and varying front yard setbacks, ranging
from 20 ft to 40 ft, to create additional inter st along the street. Mr. Graser pointed out
that the linear road system with curves wou d slow traffic down, and the varied front yard
setbacks would provide an opportunity for reen and open space in the front yards. He
Page
.;J-6
.
Council Minutes - 6/8/98
noted that one of the conditions placed on t e development was low level lighting for the
pathway areas internal to the project, whic he requested be required only at the entry to
the trail rather than throughout the entire s stem.
Council discussed their concerns regarding the nonconforming lots proposed for the
subdivision, specifically the 65-ft width, b t agreed that lighting ofthe entire pathway
would not benecessary.
AFTER DISCUSSION, A MOTION WAS M DE BY BRUCE THIELEN AND SECONDED
BY CLINT HERBST TO APPROVE THE CO CEPT PLAN, REQUIRING THAT THE 80-FT
MINIMUM WIDTH STANDARD BE ADHE D TO, WITH THE FOLLOWING
CONDITIONS:
1. PROVISION OF A LANDSCAPED B FFER BETWEEN THE PROJECT AND THE
ADJACENT USES ON THE WEST ( H 25) AND THE NORTH (KJELLBERGS
EAST). THIS NEED NOT BE AN 0 AQUE SCREEN BUT SHOULD BE A
REASONABLE, GREEN VISUAL B FFER.
2. TOWN HOME TYPES WILL NOT E CEED THE DENSITIES PROPOSED IN THE
CONCEPT PLAN.
3.
THE COMMERCIAL AREAS ARE L MITED TO THE SIZE INDICATED ON THE
CONCEPT PLAN AND ARE LIMITE TO NEIGHBORHOOD RELATED USES.
.
4. A PAVED PATHWAY IS INCLUDE IN THE PROJECT IN LIEU OF SIDEWALK
IN MOST OTHER AREAS.
5. THE PARK AREA IS WIDENED AT HE COLLECTOR STREET AS INDICATED
ON THE PARK EXHIBIT. THIS AR A SHOULD BE GRADED TO
ACCOMMODA TE AN INFORMAL LAYFIELD FOR NEIGHBORHOOD USE.
6. THE PARK AREA IS EXPANDED T CREA TE A COMMON GREEN NEAR THE
WESTERN TOWN HOMES AS INDI A TED ON THE PARK EXHIBIT.
7. THE PARK AREA IS CONNECTED 0 THE NORTHWEST VIA A PATHWAY
CONNECTION AS SHOWN ON THE PARK EXHIBIT, AS WELL AS TO THE
SOUTHERN TOWNHOME CUL-DE- AC.
8. THE COLLECTOR STREET THROU H THE CENTER OF THE PROJECT IS
PLATTED AT A 70-FT RIGHT~OF- A Y, WITH A STREET CONSTRUCTION
ACCORDING TO THE CITY ENGIN ER'S RECOMMENDATIONS.
9. THE REMAINDER OF THE STREET ARE PLATTED AT 60-FT RIGHTS~OF- WAY,
WITH 30-FT OR 32-FT STREET SEC IONS AS SHOWN ON THE STREETS
EXHIBIT.
.
10.
A SIDEWALK ALONG THE NORTH SIDE OF THE COLLECTOR IS DEVELOPED
AS A PART OF THE PROJECT.
Page
~B
.
.
.
Council Minutes - 6/8/98
11.
ENGINEERlNG AND UTILITIES M ET THE REQUIREMENTS OF THE CITY
ENGINEER.
12. PHASING WHICH PROVIDES LOO ING OF WATER AND ADDITIONAL MAJOR
STREET ACCESS AS SOON AS PO SIBLE.
Motion carried unanimously.
9.
Con i er tion of renewin
Patty Salzwedel.
al Control -
In the City Administrator's staff report, it as noted that the last increase in the animal
control contract was in July 1996 when it as increased to $2,259.40 per month for both
the animal control services and the impoun maintenance, which was a 2.7% increase on
the base amount established in 1993. Patty Salzwedel requested that the contract be
renewed with a 6% increase based on the c st of living adjustments used by the City over
the last two years.
A MOTION WAS MADE BY CLINT HERB T AND SECONDED BY BRUCE THIELEN TO
RENEW THE ANIMAL CONTROL AGREE ENT WITH PATTY SALZWEDEL AND
ADJUST THE MONTHLY COMPENSA TIO BY 6%, AND DIRECT STAFF TO BRING
FUTURE AGREEMENTS TO THE COUNCI FOR CONSIDERATION AT THE TIME COST
OF LIVING ADJUSTMENTS FOR CITY ST FF ARE DISCUSSED. Motion carried
unanimously.
10.
Assistant Administrator Jeff O'Neill report d that the Parks Commission has been
working on development of a Comprehensi e Parks and Pathways Plan, which provides a
comprehensive inventory of community p ks and recreation facilities, establishes
policies and strategies for the location and iting of new park facilities, and identifies a
park system within which all park facilities existing and new, will be coordinated. The
plan also addresses the need for a new fee s ructure, which was tabled by the Planning
Commission pending review of developme t fees charged by other communities. Parks
Commission Chair Larry Nolan added that he plan will give the Parks Commission more
structure for implementation of park areas i the future.
A MOTION WAS MADE BY BRUCE THIEL N AND SECONDED BY CLINT HERBST TO
APPROVE THE AMENDMENT TO THE CO PREHENSIVE PLAN BY ADOPTING THE
COMPREHENSIVE PARKS AND PATHWA PLAN CONTINGENT ON STAFF
RESEARCHING FEES FOR FUTURE COUN IL CONSIDERATION AND THAT THE
PARK DEDICATION FEES BE MAINTAIN D IN A SEPARATE FUND. Motion is based
on the finding that the plan will provide gre ter consistency in the planning process for
the provision of parks, pathways, and other ecreation facilities.
~B
Council Minutes - 6/8/98
. 11.
Liquor Store Manager Joe Hartman report d that sales for the first quarter of 1998 were
up almost $19,000 over the first quarter la year, which resulted in a gross profit increase
of over $11,000 compared to last year, whi h falls in line with expectations.
A MOTION WAS MADE BY BRIAN STUM F AND SECONDED BY ROGER CARLSON
TO ACCEPT THE FIRST QUARTER LIQU R STORE FINANCIAL REPORT AS
PRESENTED. Motion carried unanimous I .
12. nsideration f bills for the last half of a
A MOTION WAS MADE BY BRUCE THIE EN AND SECONDED BY ROGER CARLSON
TO APPROVE THE BILLS FOR THE LAST HALF OF MAY 1998 AS PRESENTED. Motion
carried unanimously.
13. Other matters.
A.
Chief Building Official Fred Patch requested that Council consider a change to
the ordinance amendment adopted n item SF ofthe consent agenda regarding
seasonal open sales. He requested hat temporary outdoor sale and display not be
licensed but have a 90-day maxim term, and a seasonal outdoor sale and
display license have a term of 60 d ys with a 120-day maximum term.
.
A MOTION WAS MADE BY BRUC THIELEN AND SECONDED BY BRIAN
STUMPF TO APPROVE THE CHA GES TO THE ORDINANCE AMENDMENT
ADOPTED IN ITEM SF OF THE CO SENT AGENDA AS PRESENTED BY THE
CHIEF BUILDING OFFICIAL. Moion carried unanimously.
SEE ORDINANCE AMENDMEN NO. 312.
A MOTION WAS MADE BY CLINT HERBST AN SECONDED BY BRUCE THIELEN TO
ADJOURN THE MEETING. Motion carried unani ously.
Karen Doty
Deputy City Clerk
.
Page 10
~B
.
.
.
Council Agenda - 6/22/98
5A. Revi
A
The bids for the 1998 sealcoating project we e due Thursday, June 18, 1998, at 10 a.m. This
year's project involves 99,241 square yards fstreet surface. The areas included are School
Boulevard, Klein Farms, Cardinal Hills, nd Oak Ridge. We have placed $27,500 in the
budget for the past three years, for a total f $82,500.
The following is a tabulation of the bids r ceived on Thursday morning:
1. Astech Corp.
2. Caldwell Asphalt
3. Allied Blacktop
4.
.4780
.85
.623
B. ALTERNATlVEACTlONS:
$47,437.19
$84,354.85
$61,827.14
.4280
.77
.56
..... """""."."..
....... """"""""....
.... ...ALTERI\IATEBIP
. (WI1HPIJ1'
.. . .. ... .$Wi:EPING)
$42,475.14
$76,415.57
$55,574.96
1. Based upon the above bids, it i recommended that the City award the 1998
sealcoating project to Astech Co oration based upon a unit price of $.4780 for
$47,437.19, which includes sweep ng.
2. The second alternative would be n t to award the project.
C. STAFF RECOMMENDATION:
It is the recommendation of the Public arks Director that the City Council award the
contract to Astech Corporation as outline in alternative #1.
D. SUPPORTING DATA:
None.
.
.
.
Council Agenda - 6/22/98
7.
Consideration of acce in the 1997 au
ort for the Ci of Monticello. (R.W.)
A. REFERENCE AND BACK RO
Mr. Rick Borden and/or Mr. Kim Lilleha g of Gruys, Borden, Carlson & Associates, will
be present at the meeting to present a brie overview of the 1997 audit report that has
been recently completed by their firm.
A copy of the report has been included w th the agenda for Council member review. I
realize that this lengthy report is hard for e Council to review and analyze in such a
short period oftime, but the report needs 0 be accepted by the Council prior to the end of
June, as it has to be submitted to the Stat Auditor by June 30, 1998.
After the brief presentation of the report, f the Council feels that they would like
additional time to review the report, this i em can again be scheduled at a future Council
meeting for additional discussion.
Should any of you have any specific que tions regarding the information presented in the
audit report, you may contact me prior to Monday night's meeting, or you may wish to
speak to Mr. Kim Lillehaug, and we will ry to answer any questions you may have.
After the review Monday evening, Mr. L llehaug would be available for questions by the
Council by simply calling in for an appoi tment.
The auditors were behind schedule this y ar, and the report preparation is in its final
stages as this agenda is being prepared. I believe the City finances are in good shape with
fund balances again showing increases in most funds. The auditor will review with the
Council the financial condition of the Cit and highlight any specific points during their
presentation.
B.
AL TERNATIVE ACTIONS:
The Council should accept the 19 7 audit report as presented so that it may be
submitted to the State Auditor by the required June 30 deadline.
~ ~S~
SUPPORTING DATA: V
Copy of 1997 audit report.
1.
D.
2
.
.
.
Council Agenda - 6/22/98
8.
Consideration of Cham
banner system. (J.O.)
ro osal to develo and maintain a
A. REFERENCE AND BA
The Chamber of Commerce has completed the attached proposal on development of
banners to be displayed on streetscape pole and other light poles. Council is asked to
authorize City staff to proceed with develo ment and financing of the banner system as
proposed. Following are some issues relati e to the banner development.
1. Although somewhat unlikely, the s stem for hanging banners on existing
streetscape lights may change. The e has been some discussion at staff and
Design Advisory Team level of dev loping a replacement program for the lamp
portion of the streetscape lamp syst m because the current fixtures are not of a
design in keeping with the midwest m small town. Cost estimates are now being
compiled for review by Council.
2. Funds have not been budgeted for t is purchase for 1998.
3. A design for future lighting systems on Walnut Street is in the process of being
selected as a result ofthe Cub Food project.
4.
It is noted in the Chamber of Comm rce proposal that John Simola has indicated
that the public works department ha the resources to properly maintain the
banner system. Perhaps the worklo d relating to maintenance of the banner
system needs to be discussed. If b er maintenance is going to be a
responsibility of the City, it is impo ant that we understand the work involved in
replacing damaged banners and be c mmitted to timely maintenance. If we are
not going to be able to replace dama ed banners promptly, we should not go
ahead.
B. AL TERNA TIVE ACTIONS:
1. Proceed with development of a ban er system following one of the options
presented in the attached proposal.
2. Direct City staff to place developme t of a banner system in the budget for 1999.
3. Deny approval of development of a anner system.
3
.
.
.
c.
STAFF RECOMMENDATION:
Council Agenda - 6/22/98
The City Administrator recommends City p rticipation in development of banners;
however, Council may wish to first determi e the amount of City participation you are
willing to consider and then place the item . n the annual budget. Waiting until 1999 will
also provide additional time to evaluate iss es that could impact banner design relating to
replacement oflamp fixtures or developme t of new fixtures to be placed on Walnut
Street over time.
D. SUPPORTING DATA:
Copy of Chamber of Commerce banner pro
/f
As an additional note, the original banners ere not purchased by the City but were
bought by the Chamber.
4
.
.
.
J
Monticello Are Chamber of Commerce
205 Pine Street
P. O. Box 192
Monticello, Minnesota 55
Phone (612)295-2700
,-
I
~
MONTICELLO
Proposal for Banners for the City of Monticello June 3, 1998
Information compiled by the Merchants Committ e of the Chamber of Commerce
Contact people - Marn Flicker, Terri Sweet, Lind Smith and Kitty Baltos
Our Goal:
To create an appealing downtown area to ncourage community pride and generate
additional traffic and sales to the retail and comm rcial businesses.
,
Location of Banners:
Highway 25 - between the Mississippi Ri er bridge and the 1-94 overpass
Broadway - the three block area east and est of Hwy 25 with decorative light poles
Walnut St. - the one block area between Broadway and W third with decorative
light poles.
E. County Rd 75 - near the hospital
Banner Style:
Rectangular banner - * * *
Large cobra head light poles woul need 30" x 84" banners
Decorative light poles would need 18" x 48" banners
We would like half of the banners to be 0 a teal material with the Monticello "M"
logo on it and personalized with "Welcome to M nticello" the other half we would like to
see seasonal banners personalized with "Welco e to Monticello"
***If we choose to go with a tapered banner for he 18"x48" that would reduce each options
cost by the bracket amount but there may be a c arge to taper cut the banners for the
decorative light poles.
Maintenance; and changing:
We have spoken with John Simola and Roger M ck. They have indicated they could have
crews help install the brackets, hang banners an change the banners at the change of season.
Sign Ordinance:
We have not at this time discussed the banners ith Fred Patch, but we have talked with
MCP regarding our research. They are keeping his in mind as they research new decorative
light poles for the downtown area.
Main Street Design in Minneaoplis was the com any with the best price, good quality
material and equal quality warranty of-the four ompanies we researched.
All prices will include a 15% "hometown" disco nt if we buy banners and brackets from
them. They also included artwork and imprinti g at no charge as a "hometown discount"
8'-1
.
.
.
Proposal: Option 1 -
To have 30" x 84" banners for each cobra head li t pole and the two large light poles near
the hospital for a total of 24 poles
12 of the Banners - on teal materi 1 with the Monticello "M" logo and
personalized with "Welco e to Monticello"
12 of the Banners - seasonal bann rs personalized with "Welcome to
Monticello" (4 seasons - t tal seasonal banners 48)
To have 18" x 48" banners for the decorative li t poles on Broadway and Walnut Street for
a total of 38 poles
19 of the Banners - on teal materi I with the Monticello "M" logo and
personalized with "Welco e to Monticello"
19 of the Banners - seasonal ban ers persoanlized with "Welcome to
Monticello" (4 seasons - otal seasonal banners 76)
Total Cost Estimate for Option 1:
12 custom 30" x 84" banners ($130 each)
12 stock 30"x84" seasonal banners with ink ($70 each)
$1,560
$ 840 (per season)
19 custom 18"x48" banners ($61 each)
19 stock 18"x48" seasonal banners 1 ink ($45 each)
$1,159
$ 855 (per season)
Brackets - bottom brackets for decorati e light poles ($22.50 ea) $ 855
Replacement brackets for cobra head lig t poles
$ 180
Additional brackets for cobra head light oles 12 @ $71 each)
i-"
$ 852
Total estimated one season cost
Total estimated four season cost
$ 6,301
$11 ,386
* *The seasonal banners would require purchas ng 4 times the number of banners. This could
be done in stages over a period of a year or tw if not done all at once.
Note: Estimates for 18"x48" banners are for r ctangular cut banners which would require a
bracket for the bottom as opposed to the hook hat was used in the past.
$"d.-
.
.
.
Proposal Option 2:
To put 30' x 84" banners on all of the large cob head light poles on Highway 25 and the
two poles near the hospital for a total of 24 pole
12 banners - Teal with Monticel 0 "M" and "Welcome to Monticello"
* * 12 banners - seasonal with" elcome to Monticello"
(4 seasons - 48 seasonal banners
To put 18" x 48" banners on every other light Ie along Broadway and Walnut Street on the
decorative light poles for a total of 19 poles.
10 banners - teal with Monticell "M" and "Welcome to Monticello"
* *9 banners - seasonal with "W lcome to Monticello"
Cost estimate for Option 2:
12 custom 30"x84" banners ($130 each)
12 stock 30"x84" banners (470 each)
$1,560
$ 840 (per season)
10 custom 18"x48" banners ($72 each)
9 stock 18"x48" banners 2 ink ($50 ea h)*
$ 720
$ 450 (per season)
19 Brackets for bottom of decorative li t poles (22.50 each)
$ 427.50
Replacement brackets for cobra head po es (12 @ $15 each)
$ 180
Additional brackets for cobra head pole (12 @ $71 each)
$ 852
Total estimated cost for one seas n
Total estimated cost for four se ons
$4,868
$8,900
* *The seasonal banners would require purchasi g 4 times the number of banners. This could
be done in stages over a period of a year or two if not done all at once.
*Prices on stock 18"x48" bannner is for 2 ink, dd $5 per banner for 3 ink, deduct $? for 1
ink color.
$-3
.
.
.
Proposal Option 3:
To put 30' x 84' banners on half of the large cobr head light poles along Highway 25 and
near the hospital for a total of 12 poles.
6 banners - teal with Monticello" "and "Welcome to Monticello"
"''''6 banners - banners seasonal w th "Welcome to Monticello"
(4 seasons total of 24 seasonal ba ers)
To put 18' x 48' banners on every other decorativ light pole on Broadway and Walnut Street
for a total of 19 poles.
10 banners - teal with Monticello "M" and "Welcome to Monticello"
**9 banners - seasonal with "Wel orne to Monticello"
(4 seasons - 36 seasonal banners)
Cost Estimate for Option 3:
6 custom 30"x84" banners ($150 each)
6 stock 30"x84" banners - 2 ink ($80 eac )
$900
$480 (per season)
10 custom 18"x48" banners ($72 each)
9 stock 18"x48" banners - 2ink ($50 eac )
~,
$720
$450 (per season)
19 bottom brackets for decorative light pIes ($22.50 each)
$427.50
Replacement brackets for cobra head li t poles (12 @ $15 each) $180
Total estimated cost for one seaso
Total estimated cost for four seas ns
$3,158
$5,948
"""The seasonal banners would require purchasi g 4 times the number of banners. This could
be done in stages over a period of a year or two f not done all at once.
&- '1
.
.
.
. ~1,E~~'~
800-755-3039 FAX ( 12) 831..9331
Bannel" 1)1'0 osal
for
The City of 1\'lollicello, MN
April 7, 1 98
12 ea. 30.t X 84" Custom banners witb 4. uk colon on
Sunbrella acrylic fabric.
,S130.00 ~a.
12 ea. 30" X 84" Stock Seasonal design b Duers with
1.1nk color on SunbrelJa 'acrylic fa rtc.
$70.00 ell.
19 ea. 18" X 48" Custom banners with 4 ink colors on
SunbreUa ae-rylic fabric.
$61.00 ea.
19 ea.
18" X 48" Stock Seasonal design anuers with
1-ink color on Suobrella acrylic f brit.
$45.00 ea.
..
Totnl SI,560.00
Total $840.00
(per season)
Total $1,159.00
Total $855.00
(}ler season)
38 ea. Bottonl brackets Oldy with Obergl 51 rods for low-level
street lamps on 8roadway. $22.50 ea.
Total for above
1~% Dlscount-
Subtotal
State Sales tax
Total
Additional for each Sealon
150/n Discount
Subtotal
State Sales tas
Total
Above ide Ides:
Ail sct.up charges ad screen charges.
3 full year warran y on banners
6 full year warnn y on brackets
Fretg t
Total
$855.00
$5.269.00
.$790.00
$4,478.65
$291.11
$4,769.76
51,695.00
-$254.25
$1,440.75
593.65
$1,534.40
g,S-
.
.
.
.' , ; TH~ NATION'S HlGteT QU 1TY!.AN1.t!Il M~ACnIlEJl
'IIIIinlbd ., ,.lIRe.
, 5227 West 73rd St ~ Edina, MN 66439
,,' 800-75 -3039
FAX (812 831-9331
Banner Pro osal
for
The City of MOD icello, MN
June 1, 1 98
6 ea. 30" X 84" Custom banners with 4- nk colon on
Sunbrella acrylic:, fabric.
'5150.00 ea.
30" X 84" Stock Seasonal design b nners with
2-ink colors on Sunbrella acrylic t brie.
580.00 ea.
30" X 84" Stock Seasonal design b nnen with
3-ink colors on Sunbrella acrylic f: bric.
i.' 590.00 ea.
6 ea.
6 ea.
10 ea.
18" X 48" Custom banners with 4- ok colon on
Sunbrella acrylic fabric.
I.'
9 ea.
572.00 ea.
18,t X 48" Stock Seasonal design b nners with
2-ink colors on Sunbrella acrylic t: brie.
$50.00 ea.
9 ea.
18" X 48" Stock Seasonal design b nnen with
3-ink colors on Sunbl'elIa acrylic Ii bric.
$55.00 ea.
Total 5900.00
Total 5480.00
(per season)
Total 5540.00
(per season)
Total 5720.00
Total $450.00
(per season)
Total $495.00
19 ea. Bottom brackets only with Oberg! s rods for low-level
street lamps on Broadway. 522.50 ea.
Deduct 15% from above totals for "Hometown" d scount. .
Total $427.50
Artwork and bnprinting are provided at no charg ("hometown dl.counttt)
Above inclu es:
All set-up charges and creen charges.
3 fun year warrant on banners
6 fuJl yeal:" warraJ;lty on brackets
Freight .
t.,ft,
. 9.
.
.
Council Agenda - 6/22/98
A. REFERENCE AND BACK
A draft ofthe agreement between the Cit and the National Guard has been prepared and
is attached for your review. The agreeme t has been prepared by the HRA Attorney, Dan
Greensweig, after meetings with Dennis alen and the National Guard. There do not
appear to be any sticking points.
Under the agreement, the Guard's $1.5 m llion comes as cash upfront at the time of
construction. The program for maintenan e ofthe facility calls for Guard payment of
certain utility costs for the area of exclusi e use (4,000 sq ft). For joint space areas used
by the Guard once per month, there will e no maintenance charge to the Guard. This
"no maintenance charge" for use of joint pace is in exchange for the Guard providing
funding for a large share of the joint use s ace that the City is free to use at all times
(except during once-a-month training). e Guard does not get any fee revenue for
others' use of the joint space. Revenue g es entirely to the City.
Please review the document for other im ortant points. Dan Greensweig will be present
to review the agreement in detail if desire by Council.
B. ALTERNATIVE ACTIONS:
1. Motion to approve development d operations agreement.
Under this alternative, the agreem nt will be submitted to the National Guard for
consideration in July. Once both odies have approved the agreement, the stage is
set for plan approval, bidding, an bond issuance, etc.
2. Motion to table or deny approval fthe development and operations agreement.
Council may wish to select this al ernative if there are changes or clarifications
that are desired.
C. STAFF RECOMMENDATION:
The City Administrator recommends alte ative #1 with modifications as desired
resulting from review and discussion.
D. SUPPORTING DATA:
Copy of agreement.
.
.
.
First Draft
May 12, 1998
DEVELOP ME A~REEMENT
CITY OF MONTIe LLO, MINNESOTA
MINNESOTA STATE ARMO Y BUILDING COMMISSION
Dated as of:
This document was drafted by:
KENNEDY & GRAVEN, CHARTERED
470 Pillsbury Center
200 South Sixth Street
Minneapolis, Minnesota 55402
Telephone: 337-9300
OJG143226
MNJ.90-66
q-I
.
.
.
DEVELOPMEN AGREEMENT
This Development Agreement is made t is _ day of , 1998, by
and between THE CITY OF MONTICELLO, a municipal corporation under the laws of
Minnesota (the "City") and the MINNESOTA TATE ARMORY BUILDING COMMISSION
a public corporation under the laws of Minneso (the "Commission").
WHEREAS, the Commission desires to onstruct and operate a National Guard armory
facility on a site within the City and legally de cribed at Exhibit A (the "Property"); and
WHEREAS, the City desires to cons ct and operate a city hall, a multipurpose
community center, and an aquatics facility on e Property; and
WHEREAS, the City and the Commissi n have determined that it is more cost-effective
and efficient, and generally improves the publi health, safety, general welfare, and morals to
enter into an agreement by which they can share certain costs, responsibilities, and facilities; and
WHEREAS, the City and the Commiss on have authority to enter into this agreement
pursuant to Minnesota Statutes, Chapter 193 an Minnesota Statutes, Section 471.59.
NOW, THEREFORE, in consideration 0 the premises and the mutual obligations of the
parties hereto, each of them does hereby coven t and agree with the other as follows:
DJG143226
MN190-66
fj..OL,
.
.
.
ARTI LE I
Deftn tions
Section 1.1. Definitions. In this Agree ent, unless a different meaning clearly appears
from the context:
"Agreement" means this Agreement, as the same may be from time to time modified,
amended, or supplemented.
"Armory" means the portion of the Proj ct so described on the Construction Plans.
"Authority" means the Housing and Re ev.elopment Authority in and for the City of
Monticello, Minnesota. .
"Bond Documents" means the lease, gr und lease, indenture, and any other docUments
deemed necessary or desirable by the Authority for the issuance of the Bonds.
"Bonds" means the lease revenue bonds to be sold by the Authority for the purpose of
partially financing the Project.
"City" means the City of Monticello, M'
"City Facilities" means the portion of the Project so described on the Construction Plans.
"Commission" means the Minnesota Stat Armory Building Commission.
"Construction Plans" means the plans, sp cifications, drawings, and related documents on
the construction work to be performed on the P operty and attached as Exhibit B.
"Event of Default" means an action liste in Article IX of this Agreement.
"Maturity Date" means the date that th Bonds have been paid in full, redeemed, or
defeased.
"Parcel I't means the real property desc 'bed as such in Exhibit A of this Agreement.
After construction of the Project, the term me Parcel 1 as so improved.
"Parcel 2" means the real property desc ibed as such in Exhibit A of this Agreement.
After construction of the Project, the term mean Parcel 2 as so improved.
"Project" means construction of a buildin consisting of a National Guard armory, a city
hall, an aquatics facility, a senior center, a gymn ium, meeting rooms, a parking lot, and related
facilities, all as shown on the Construction PI s, and is comprised of the Armory, the City
Facilities, and the Shared Facilities.
DJG143226
MN190-66
3
q-3
.
.
.
"Property" means the real property descri ed as such in Exhibit A of this Agreement and
is comprised of Parcel I and Parcel 2. After c nstruction of the Project, the term means the
Property as so improved.
"State" means the State of Minnesota.
"Unavoidable Delays" means delays bey nd the reasonable control of the party seeking
to be excused as a result thereof.
DJG143226
MN190.66
4
'1-'1
.
.
.
ARTIe E II
Re resentations nd Warranties
Section 2.1. Re resentations b the Ci . The City represents and warrants that it has
the power to enter into this Agreement and c out its obligations hereunder.
Section 2.2. Re resentations and Warr ties b the Commission. The Commission
represents and warrants that it has the power t enter into this Agreement and carry out its
obligations hereunder.
DJG143226
MNJ.90-66
'I,~
5
.
.
.
Status of
Assessments and
Section 3.1. Status of the Property. As of the date of this Agreement, the Property is
owned by third parties. Pursuant to the terms of this Agreement, the City shall acquire fee title
to the Property, through purchase or conde ation or both, and convey Parcel 2 to the
Commission.
Section 3.2. Proiect Costs. (a) The stimated costs of acquiring the Property are
$525,000. These costs are hereby defined as th "Land Acquisition Costs."
(b) The estimated costs of designing arid constructing the Project are $8,500,000.
These costs are hereby defined as the "Project C sts." -
Section 3.3. Conditions of Ac uisition The purchase price paid to the
City by the Commission for Parcel 2 shall be 1.00 (the "Purchase Price"), payable in cash,
check, warrant, or the equivalent on the Closing Date (as defined in Section 3.6).
Section 3.4. Title Matters. The City sha 1, within a reasonable time after acceptance of
this Agreement, furnish an abstract of title and a registered land survey for Parcel 2 certified to
date to include proper searches covering b ptcies, state and federal judgments and liens.
Each party shall pay an equal share of the cost 0 the survey. The Commission shall be allowed
20 business days after receipt for examination of itle and making any objections, which shall be
made in writing or deemed waived. If any ob ection is made, the City shall be allowed 20
business days after receipt to undertake to cure s ch objections, provided that the City shall have
no obligation to take any action to clear to do s . If the City fails to cure objections within 20
days after receipt of the Commission's written 0 ~ections, the Commission may: (a) commence
condemnation proceedings, at its own expense, t cure such objections; or (b) take title subject
to such objections.
Section 3.5. Conditions to Closing. The closing of the transaction contemplated by this
Agreement and the obligation of the City to sel Parcel 2 and of the Commission to purchase
Parcel 2 shall be subject to the terms and co ditions of this Agreement, including without
limitation the following conditions:
(a) The City shall have acquired fee itle to the Property.
(b) The Commission shall have revie ed and approved title to Parcel 2 pursuant to
Section 3.4 herein.
Section 3.6. Environmental and Soil I vesti ation and Conditions. (a) Each party
acknowledges that the other party makes no repr sentations or warranties as to the condition of
the soils on the Property or its fitness for con ction of the Project, or any part thereof, or any
other purpose for which the parties may make e of the Property.
DJG143226
MN190-66
1-,(;,
6
.
.
.
(b) Each party agrees that it will inde ify, defend, and hold harmless the other party,
and its governing body members, officers, age ts, and employees, from any claims or actions
arising out of the presence, if any, of hazardous astes or pollutants on the Property to the extent
that such presence is caused by the intention or negligent actions or failures to act of the
indemnifying party. To the extent that such pr sence is caused by the acts or failures to act by
third parties, the City and the Commission shall ooperate with each other in any efforts to pursue
recovery from such third parties and shall each ay an equal share of any remediation not paid
by persons not a party to this Agreement.
Section 3.7. Closing. (a) The closing sh 11 take place at the offices of the City on a date
mutually agreed upon by the parties but in no ase later than , 199_ (the "Closing
Date").
(b) On the Closing Date, the City sh 1 deliver to the Commission possession of Parcel
2, and shall execute and deliver to the Commis ion:
(i) All documents required to e executed and delivered under this Agreement;
and
(ii) A duly executed quit clai (the "Deed") in substantially the form set forth
at Exhibit C. The Deed shall be in recor able form and shall be promptly recorded in the
proper office for the recordation of dee s and other instruments pertaining to Parcel 2.
The Commission shall pay all closing an recording costs, including any State Deed Tax
in connection with the conveyance of P cel 2.
(c) On the Closing Date, the Commi sion shall pay to the City the purchase price set
forth in Section 3.3. and shall execute and de iver to the City all documents required to be
executed and delivered under this Agreement.
Section 3.8. Land Ac uisition and Pro ect Financin. The Commission and the City
agree that Land Acquisition Costs and Project Costs shall be financed through the following
means:
(a) The initial $1,500,000 of the co ined Land Acquisition Costs and Project Costs
shall be paid by the Commission from the Co ission's cash reserves. This $1,500,000 shall
be paid by the Commission to the City within 1 days of execution of this Agreement and used
by the City for Land Acquisition Costs and Pro'ect Costs, subject to Section 9.9(b);
(b) Any amount by which the comb ned Land Acquisition Costs and Project Costs
exceeds $1,500,000 shall be paid by the City fro cash reserves held by the City, proceeds from
the sale of the Bonds, other sources deemed acc ptable in the sole discretion of the City, or any
combination of the foregoing.
Section 3.9. Records. The City and th Commission may each at all reasonable times,
after reasonable notice, inspect, examine, and opy all books and records of the other party
relating to the Project. Each party shall use its best efforts to cause the Project's contractor or
contractors, all subcontractors, and their agent and lenders to make their books and records
DJG143226
MN190-66
9..,7
.
.
.
relating to the Project available to the parties upo reasonable notice. for inspection. examination.
and audit.
DJG143226
MN190-66
8
'1,,(
.
.
.
Construction of Mini
rovements
SectiQn 4.1. Proiect CQnstructiQn. Th PrQject shall be cQnstructed substantially in
cQmpliance with the CQnstructiQn Plans. Neith r party shall make Qr authQrize any material
change to. the CQnstructiQn Plans withQut the pr'Qr written authQrizatiQn Qf the Qther party and
the AuthQrity.
SectiQn 4.2. CQmmencement and CQm I tiQn Qf CQnstructiQn. Subject to. UnavQidable
Delays, cQnstructiQn Qf the Project shall CQmme ce by January 1, 1999.
SectiQn 4.3. Certificate Qf CQmpletiQn. PQn the request Qf a party, the Qther party shall
prQvide a certificate in recordable fQrm that shall be ~a CQnclusive determinatiQn Qf the certifying
party's satisfactiQn and terminatiQn Qf the agre ments and CQvenants in this Agreement with
respect to. the cQnstructiQn Qf the Project.
e Orders. (a) The CQmmissiQn acknQwledges
QmmissiQn in hiring and Qverseeing architects,
engineers, cQntractQrs, and all Qther persQns Qr ntities necessary to. CQnstruct the PrQject. The
CQmmissiQn further acknQwledges and agrees th t nQtwithstanding this delegatiQn to. the City Qf
certain authQrity, the CQmmissiQn shall have e right to. review and request changes to. the
CQnstructiQn Plans and the implementatiQn ther Qf, subject to. the terms and cQnditiQns Qf this
Agreement.
(b) Any increase in the PrQject CQsts ising from a change in the CQnstructiQn Plans
requested by a party to. this Agreement shall b the resPQnsibility Qf the party requesting the
change. If the change is mutually requested by e parties, each party shall bear an equal PQrtiQn
Qf the increase in the PrQject CQsts.
(c) NQtwithstanding the CQmmissiQn' delegatiQn Qf authQrity to. the City pursuant to.
SectiQn 4.4(a), neither party shall have any liabili Qr Qther QbligatiQn to. the Qther party, Qr such
Qther party's succeSSQrs Qr assigns, fQr any defe t in the CQnstructiQn Plans, the PrQject, Qr any
part thereQf, except to. the extent that such defe t is the direct result Qf the grQss negligence Qr
intentiQnal miscQnduct Qf the party against who. liability is claimed; provided, that nQthing in
this SectiQn 4.4( c) is intended to. create any rig t in any persQn nQt a party to. this Agreement,
except the AuthQrity; pursuant to. SectiQn 9.8 Qft . s Agreement; and prQvided further that nQthing
in this SectiQn 4.4( c) is intended to. waive any i unity Qr limitation Qn liability to. which either
party to. this Agreement is entitled under law.
DJG143226
MN190-66
9
9-9
.
.
.
Insurance and ondemnation
Section 5.1. Insurance. (a) At all times p 'or to the Maturity Date, the parties shall carry
and maintain casualty, public liability, prope damage, workers compensation, and other
insurance with respect to the Property and the Pr ~ect in such amounts and in such forms as may
be set forth in the Bond Documents. In additi n, each party shall comply with any and all
requirements in the Bond Documents regarding e use or uses of proceeds from such insurance.
(b) Nothing in this Section 5.1 shall b construed as prohibiting either party from self-
insuring to the fullest extent permitted by law, s bject to any contrary requirements set forth in
the Bond Documents.
Section 5.2. Condemnation. At all ti es prior to the Maturity Date, any awards in
condemnation shall paid and used as set forth in the Bond Documents, except that this-Section
5.2 shall not limit the rights of the City or th Commission if one party to this Agreement
initiates condemnation proceedings against the 0 her.
DJG143226
MN190-66
'1..,/0
1
.
.
.
o
Section 6.1. Maintenance and Reoairs. ( ) the city shall be responsible for the following
routine maintenance of the exterior of the Proj ct and the interior of the City Facilities, the
Shared Facilities, and utility and mechanical se ices, and the Commission shall be responsible
for the following routine maintenance of the int rier of the Armory:
(i) janitorial and cleaning serv ces, provided that the Commission shall return
the Shared facilities to reasonably good condition after using them;
(ii) routine maintenance includ'ng light replacement, painting, minor carpentry
and masonry, and similar items.
(b) Each party shall be responsible for the cost of any repairs or maintenance "required
by that party's negligence or misconduct.
(c) Each party acknowledges and a ees that certain non-routine maintenance and
capital repairs, including but not limited to roof r airs, mechanical repairs, plumbing and wiring
repairs will be necessary to maintain the Project in a serviceable and desirable condition. Any
repair or reconstruction of the Project estimate to cost more than $5,000 shall be deemed
nonroutine maintenance or capital repairs will be dertaken upon the earlier for purposes of this
Section 6.1(c). Each party therefore agrees that s ch nonroutine maintenance and capital repairs
of the following: (i) as required by the Bond Doc ents; (ii) by mutual agreement of the parties;
(iii) when required by federal, state, or local I w, rule, or regulation; or (iv) when deemed
reasonably necessary by at least two persons qua ified in making the repair or reconstruction in
question. The Commission shall pay 25% of th cost of all nonroutine maintenance or capital
repairs and the City shall pay 75% of the cost 0 all nonroutine maintenance or capital repairs.
Section 6.2. Grounds Maintenance and andsca in . Snow Removal. The City shall
be responsible for maintenance of the grounds an landscaping of the Property and for removal
of snow from all parking lots, sidewalks, and 0 er appropriate areas of the Property.
.
Section 6.3. Utilities. (a) The City shall e responsible for providing or contracting for
gas, water, sewer, air conditioning, and solid w te hauling. (b) The City shall be responsible
for providing electrical service to the City Faciliti s and the Shared Facilities and for all charges
related thereto. (c) The Commission shall be res onsible for providing electrical service to the
Armory and for all charges related thereto. (d) he City may, but is not required to, provide
telephone, cable television, satellite hook-ups, d other communications services to the City
Facilities and the Shared Facilities at its own cost (e) The Commission may, but is not required
to, provide telephone cable telephone, satellite ho k-ups and other communication services to the
Armory Facilities at its own expense. (f) If either party uses the other party's telephone, satellite
hook-ups or other communication services, it shall first gain consent and shall pay the incremental
cost of such use.
DJGl43226
MN190-66
11
'1-'11
.
.
.
Section 6.4. Furnishings. (a) The City s all be responsible for furnishing and supplying
the City Facilities and the Shared Facilities shall have sole use and ownership of such
furnishings and supplies, provided that the Co ission may acquire furnishings or supplies for
the Shared Facilities and shall have sole use an ownership of such furnishings and supplies.
(b) The Commission shall be responsi Ie for furnishing and supplying the Armory and
shall have sole use and ownership of such furni hings and supplies.
Section 6.5. Use of Facilities' Schedul"n. (a) The City shall at all times have sole
ownership, use, and control of the City Facilitie .
(b)
Armory.
(c)
conditions:
The Commission shall at all tim s have sole ownership, use, and control of the
.
Use of the Shared Facilities shall be in accordance with the following terms and
(i) The Commission shall, on r before June 15 of every year provide the City
with a list of days during the 0 tober through September immediately next on
which the Commission shall use e Shared Facilities. In no case shall this list
include more than 2.5 days in calendar month. On those days included on
such list, the Commission shall b entitled to sole use and control of the Shared
Facilities, provided that it may i its discretion permit the City to also used the
Shared Facilities on such days. In addition, and without limitation of the
foregoing, the Commission shall e entitled to sole use and control of the Shared
Facilities when such use and con 01 is necessary or reasonably desirable because
of an "emergency" or "disaster" such terms are defined by state or federal law.
(ii) The City shall be entitled to sole use and control of the Shared Facilities
on all days on which the Comm ssion is not entitled to use and control of the
Shared Facilities pursuant to Sec 'on 6.5(c)(i).
(iii) During any day on which e City is entitled to sole use and control of the
Shared Facilities pursuant to Secti n 6.5(c)(ii), or when otherwise permitted by the
Commission, the City may rent 0 lease the Shared Facilities to any person for a
period not to exceed 31 days and shall be entitled to all lease or rental payments
from such person.
(iv) Nothing in this Agreeme shall be construed as in any way limiting the
City's ownership of Parcel 2 or e Shared Facilities, which shall remain in fee
title ownership by the City, exce t that the Commission may use and control the
Shared Facilities to the extent d only to the extent set forth in this Section
6.6(c).
Section 6.6. Payment of Taxes. The ity and the Commission agree that if all or a
portion of the Property or the Project at any tim becomes subject to real estate taxes, such taxes
shall be allocated between the City and the Co ission in the following manner:
DJG143226
MN190-66
1
'1.,/2,
.
.
.
(a) All real estate taxes assessed agai st or otherwise attributable to the Armory shall
be paid by the Commission.
(b) All real estate taxes assessed again t or otherwise attributable to the City Facilities
shall be paid by the City.
(c) All real estate taxes assessed a ainst or otherwise attributable to the Shared
Facilities shall be paid by the City and the Co ission in the following proportions:
(i) Twenty-five percent (25% of such taxes shall be paid by the Commission;
and
(ii) Seventy-five percent (75%) shall be paid by the City.
Section 6.7. Rene otiation of 0 eratin eement. (a) Upon the earlier of five (5) years
of the date of this Agreement or the Maturity Da e, the City and the Commission shall enter into
negotiations concerning an operating agreement intended to extend or amend the proviSions of
this Article VII, such agreement to include at Ie t the matters set forth in this Article VI and to
incorporate as accurately as possible the actual ro rata costs of operating and maintaining the
Project and the Property.
(b) This Article VI shall survive y termination of this Agreement that occurs
subsequent to the commencement of constructio of this Project, and shall not terminate without
the mutual written consent of the City and the ommlSSlOn.
(c) The terms, conditions, rights, and responsibilities set forth in this Article VI may
not be waived, terminated, amended, or supersed d prior to the Maturity Date without the express
written consent of the Authority.
DJG143226
MN190-66
'1.,/3
1
Section 7.1. Prohibition A ainst Transfe and Assi nment Prior to Maturit Date. Prior
to the Maturity Date, neither party has made or reated nor shall make or create or suffer to be
made or created any total or partial sale, ass' gnment, conveyance, or lease (except NEED
PARTY TO WHOM COMMISSION WILL RANSFER OWNERSHIP provided that such
transferee or assignee shall be bound by this Agr ement) or any trust or power, or transfer in any
other mode or form of or with respect to the Agr ement or the Property or the Project or any part
thereof or any interest therein, or any contract r agreement to do any of the same, without the
prior written approval of the other party and th Authority.
.
Section 7.2. Conditions Of Transfer d Assi nment Subse uent to Maturi Date.
Subsequent to the Maturity Date, the City may sell, assign, convey, or lease Parcell: and the
Conunission may sell, assign, convey, or lease P eel 2 and the improvements thereon suoject to
the following terms and conditions:
.
(a) Any such sale, assignment, conv yance, or lease (except a lease or rental of not
more than 31 days) is subject to the rights of fir t refusal set forth in the Right of First Refusal -
Conunission Property set forth at Exhibit D d the Right of First Refusal - City Property set
forth at Exhibit E (the "Rights of First Refusal' ).
(b) If the other party to this Agreem nt does not exercise its right of first refusal set
forth in the Rights of First Refusal, a party to is Agreement may sell, assign, convey, or lease
all or part of its interest in the Property in acco dance with the provisions of the Rights of First
Refusal.
Section 7.3. Rights of First Refusal. rior to or simultaneously with execution of this
Agreement, the City and the Conunission shall execute the Rights of First Refusal in the forms
set forth at Exhibit D and Exhibit E. Such Ri hts of First Refusal shall be recorded with the
Wright County recorder. The City and the C nunission shall each pay one-half the costs for
recording.
Section 7.4. Release and Indemnificatio Covenants. In addition to any other release and
indemnification provisions set forth in this Ag eement:
.
(a) The parties to this Agreement agre , now and forever, to indemnify, protect, and
defend each other, and the governing body m mbers, officers, agents, servants and employees
thereof, now or forever, and hold the aforesaid armless from any claim, demand, suit, action or
other proceeding by any person or entity arisin or purportedly arising from the act or failure to
act by the indemnifying party with regard t this Agreement, the Project, or the Property;
provided, however, that nothing in this Agree ent shall be construed to waive any limitations
on liability to which the City or the Conunissi n are entitled under Minnesota Statutes, Chapter
3 or, Chapter 466, or otherwise, except as betw en each other; and provided further, that nothing
in this Section 7.4(a) shall be construed to cr ate any right or entitlement in any person not a
DJG143226
MN190-66
4
q -IV
.
.
.
party to this Agreement, except as to the Authori as provided in Section 7.4(b). The obligations
set forth in this Section 7.4(a) shall survive te ination of this Agreement.
(b) The City and the Commission, res ectively, agree, now and forever, to indemnify,
protect, and defend the Authority, and the governi g body members, officers, agents, servants and
employees thereof, now or forever, and hold the oresaid harmless from any claim, demand, suit,
action or other proceeding by any person or enti arising or purportedly arising from the act or
failure to act by the City or the Authority, re pectively, with regard to this Agreement, the
Project, or the Property; provided, however, that othing in this Section 7.4(b) shall be construed
to waive any limitations on liability to which e City or the Commission are entitled under
Minnesota Statutes, Chapter 3, Chapter 466, r otherwise, except as to the Authority; and
provided further, that nothing in this Agreem nt shall be construed to create any right or
entitlement in any person not a party to this A eement, except as to the Authority as provided
in this Section 7.4(b). The obligations set forth in this Section 7.4 shall survive termination of
this Agreement. '
DJG143226
MN190~66
15
t- ~,w
. ~ ".
CJ-/~
.
.
.
Section 8.1. Events of Default Defined. he following shall be "Events of Default" under
this Agreement and the term "Event of Defa It" shall mean, whenever it is used in this
Agreement (unless the context otherwise prav des), any failure by any party to observe or
perform any other covenant, condition, obligati n or agreement on its part to be observed or
performed hereunder.
Section 8.2. Remedies on Default. Whe ever any Event of Default referred to in Section
8.1 of this Agreement occurs, the non-defaulting party may exercise its rights under this Section
8.2 after providing thirty days written notice to e gefaulting party of the Event of Default, but
only subject to Section 9.7(b) of this Agreemen ana only if the Event of Default has not been
cured within said thirty days or, if the Event of Default is by its nature incurable witliiil thirty
days, the defaulting party does not provide surances reasonably satisfactory to me non-
defaulting party that the Event of Default will b cured and will be cured as soon as reasonably
possible:
(a) Suspend its performance under this Agreement until it receives assurances that the
defaulting party will cure its default and contin e its performance under this Agreement.
(b) Take whatever action, including
may appear necessary or desirable to collect
enforce performance and observance of any
Agreement.
egal, equitable or administrative action, which
y payments due under this Agreement, or to
bligation, agreement, or covenant under this .
Section 8.3. No Remedy Exclusive. No emedy herein conferred upon or reserved to the
City or the Commission in this Agreement is i tended to be exclusive of any other available
remedy or remedies, but each and every such re edy shall be cumulative and shall be in addition
to every other remedy given under this Agree ent or now or hereafter existing at law or in
equity or by statute. No delay or omission to xercise any right or power accruing upon any
default shall impair any such right or power or s all qe construed to be a waiver thereof, but any
such right and power may be exercised from ime to time and as often as may be deemed
expedient. In order to entitle either party to ex rcise any remedy reserved to it, it shall not be
necessary to give notice, other than such notice as may be required in this Article VIII.
Section 8.4. No Additional Waiver 1m 1 ed b One Waiver. In the event any agreement
contained in this Agreement should be breache by either party and thereafter waived by the
other party, such waiver shall be limited to th particular breach so waived and shall not be
deemed to waive any other concurrent, previou or subsequent breach hereunder.
DJG143226
MN190-66
1
"t" /"
.
.
.
rovisions
Section 9.1. Conflict ofInterests' Ci an Commission Re resentatives Not Individuall
Liable. The City and the Commission, to the b st of their respective knowledge, represent and
agree that no member, official, or employee 0 the City or the Commission shall have any
personal interest, direct or indirect, in this Agre ment, nor shall any such member, official, or
employee participate in any decision relating to is Agreement which affects his or her personal
interests or the interests of any corporation, p ership, or association in which he or she is,
directly or indirectly, interested. No memb r, official, or employee of the City or the
Commission shall be personally liable in the ev nt of any default or breach by the City or the
Commission or for any amount which may beco e due to any person or on any obligations under
the terms of this Agreement. -
Section 9.2. Provisions Not ith Deed. None of the provisions-of this
Agreement are intended to or shall be merged b reason of any deed transferring any interest in
the Property and any such deed shall not be eemed to affect or impair the provisions and
covenants of this Agreement.
Section 9.3. Titles of Articles and Sectio s. Any titles of the several parts, Articles, and
Sections of this Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions.
Section 9.4. Notices and Demands. xcept as otherwise expressly provided in this
Agreement, a notice, demand, or other commun cation under this Agreement by either party to
the other shall be sufficiently given or delivered f it is dispatched by registered or certified mail,
postage prepaid, return receipt requested, or del vered personally; and
(a) in the case of the Commission, is addressed to or delivered personally to the
Commission at
and
(b) in the case of the City, is address d to or delivered personally to the City at City
Hall, P.O. Box 1147, Monticello, MN 55362-9 45, Attn: City Administrator;
or at such other address with respect to either s ch party as that party may, from time to time,
designate in writing and forward to the other as provided in this Section.
Section 9.5. Counterparts. This Ag ement may be executed In any number of
counterparts, each of which shall constitute one and the same instrument.
Section 9.6. Recording. The City sh I record this Agreement and any amendments
thereto with the Wright County recorder. The C'ty and the Commission shall each pay one-half
the costs for recording.
DJG143226
MN190-66
'1.../1
1
.
Section 9.7. Choice of Law and Yen e' Alternative Dis ute Resolution. (a) This
Agreement shall be governed by and construe in accordance with the laws of the state of
Minnesota. Any disputes, controversies, or clai s arising out of this Agreement shall be heard
in the state or federal courts of Minnesota, and a I parties to this Agreement waive any objection
to the jurisdiction of these courts, whether base on convenience or otherwise.
(b) Prior to the commencement by 0 e party of litigation against the other party, the
City and the Commission shall follow the proc ss set forth in this Section 9.7(b):
(i) The City Administrator
Armory shall attempt in good fai
of or relating to this Agreement.
d the commanding officer stationed at the
to resolve any controversy or claim arising out
.
(ii) If the City Administrator and the commanding officer stationed at the
Armory are unable to resolve the controversy or claim, the disputing party shall
give the other party written notice of the dispute. Within twenty days after receipt
of said notice, the receiving p shall submit to the other a written response.
The notice and response shall in lude a statement of each party's position and a
summary of the evidence and arg ents supporting its position. Representatives
of the parties shall meet at a mutu lly acceptable time and place within thirty days
of the date of the disputing p 's notice and thereafter as often as they
reasonably deem necessary to e change relevant information and to attempt to
resolve the dispute.
(Hi) If the matter has not be n resolved within sixty days of the disputing
party's notice, or if the party recei ing said notice will not meet within thirty days,
either party may initiate mediatio of the controversy or claim in accordance with
any mutually satisfactory proced es.
(iv) If the matter has not bee resolved pursuant to the aforesaid mediation
procedure within sixty days of th initiation of such procedure, or if either party
will not participate in a mediati n, the parties may mutually agree to continue
negotiations or either party may commence litigation or take any other action
permitted under of this Agreeme t.
(v) The procedures specified in this section shall be the sole and exclusive
procedures for the resolution of disputes between the parties arising out of or
relating to this agreement; provid d, however, that a party may seek a preliminary
injunction or other preliminary judicial relief if in its judgment such action is
necessary to avoid irreparable amage. Despite such action the parties will
continue to participate in good fi ith in the procedures specified in this section.
All applicable statutes of limitati n shall be tolled while the procedures specified
in this section are pending. The arties will take such action, if any, required to
effectuate such tolling.
.
(vi) Nothing in this Section 9.7(b) shall be construed as binding on the
Authority, which may at any tim commence litigation or take any other action it
DJG143226
MN190-66
'1-/ j)
.
.
.
deems necessary to protect its rights under this Agreement, including without
limitation the rights set forth at S ction 9.8.
Section 9.8. Third-Party Rights. Nothin in this Agreement shall be construed to create
any third-party rights in any person not a party to the Agreement, provided, however, that the
Authority shall, at all times prior to the Maturit Date, have the right, but not the obligation, to
enforce any right or obligation granted to either party pursuant to this Agreement, the Right of
First Refusal Agreements, the Deed, or any other agreement between the City and the
Commission relating to the Project or the Prope . The City and the Commission hereby agree
that they may not in any way waive, limit, am nd, modify, or eliminate the Authority's rights
under this Agreement without the express writt n consent of the Authority.
Section 9.9. Amendment and Tennin tion of A eement. (a) During the period
commencing on the earlier date the Authority uthQrizes issuance of the Bonds or the date on
which the city acquires any part of the Prope and terminating on of the Maturity Date, this
Agreement may not be terminated, amended, or modified without the mutual written agreement
of the parties and the written approval of the A thority.
(b) Except as provided in Section 9.9.(a), this Agreement may be modified or
tenninated upon the written agreement of th parties, provided that if this Agreement is
tenninated prior to completion of construction 0 the Project in accordance with the Construction
Plans but subsequent to the Commission's paym nt to the city of $1,500,000 pursuant to Section
3.8, the City shall return to the Commission all f such funds not expended on Land Acquisition
Costs or Project Costs plus an amount equal to 85% of all of such funds so expended.
DJG143226
MN190-66
'1-/~
9
.
.
.
IN WITNESS WHEREOF, the parties h ve caused this Agreement to be duly executed
on or as of the date first above written.
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
CIT OF MONTICELLO, MINNESOTA
By
By
Its Mayor
Its City Administrator
The foregoing instrument was aclm wledged before me this ~llay of
, 1998 by and , the
Mayor and City Administrator of the City of M nticello, Minnesota, on behalf of the City.
STATE OF MINNESOTA )
) ss.
COUNTY OF )
Notary Public
MINNESOTA STATE
ARMORY BUILDING COMMISSION
By
Its
By
Its
The foregoing instrument was acknowle ged before me this _ day of , 1998
by and , the and of the Minnesota State
Armory Building Commission.
DJG143226
MNJ.90-66
Notary Public
2
'/.,2,0
.
.
.
NEED LEGAL DESCRIPTIONS
DJG143226
MN190+66
EXHI IT A
PROP RTY
. C"
Al
CJ-z/
.
.
.
NEED CONSTRUCTION PLANS
DJG143226
MN190-66
EXHI IT B
-1
q... z- 7"
QUIT CL
.
THIS INDENTURE, between the City f Monticello, MilU1esota, a statutory city and
municipal corporation under the laws of MilU1es ta (the "Grantor"), and Minnesota State Armory
Building Commission, a public corporation und r the laws of Minnesota (the "Grantee").
WITNESSETH, that Grantor, in consider tion of the sum of one dollar and nolI 00 ($1.00)
and other good and valuable consideration the receipt whereof is hereby acknowledged, does
hereby grant, bargain, quitclaim and convey to e Grantee, its successors and assigns forever,
all the tract or parcel of land lying and being i the County of Wright and State of Minnesota
described as follows, to-wit (such tract or p cel of land is hereinafter referred to as the
"Property"):
NEED PARCEL 2 LEGAL DESCRIP
t ~,"
To have and to hold the same, together with all the hereditaments and appurtenances thereunto
belonging in anyway appertaining, to the said antee, its successors and assigns. forever,
Provided:
. SECTION 1.
This Deed is subject to the covenants. conditions. restrictions, and provisions of an
agreement entered into between the Grantor d Grantee on the _ day of
199_ identified as "Development Agreeme t."
SECTION 2.
This Deed is also given subject to provis ons of the ordinances, building and zoning laws
of the City of Monticello and state and federal I ws and regulations to the extent that they affect
the Property.
Grantor certifies that it does not know of any wells on the Property.
.
DJG143226
MN190-66
C 1
q-z~
.
.
.
IN WITNESS WHEREOF, the Grantor as caused this Deed to be duly executed in its
behalf by its Mayor and City Administrator d has caused its corporate seal to be hereunto
affixed this day of , 199
By
By
STATE OF MINNESOTA )
) SS
COUNTY OF )
OF MONTICELLO
Its Mayor
Its City Administrator
On this _ day of , 1 9_, before me, a Notary Public within and
for County, personally appeared and
to me personally kno who by me duly sworn, did say that they are
the Mayor and City Administrator of the City 0 Monticello named in the foregoing instrument;
that the seal affixed to said instrument is the se for said City; that said instrument was signed
and sealed on behalf of the City pursuant to a. resolution of its governing body; and said
and acknowledged said instrument.
This instrument was drafted by:
Kennedy & Graven, Chartered
470 Pillsbury Center
Minneapolis, Minnesota 55402
(612) 337-9300
Notary Public
C2
'1- 2,tf
.
.
.
EXHI IT D
RIGHT OF FIRST REFUSAL AGRE MENT. COMMISSION PROPERTY
This Right of First Refusal Agreement is made this _ day of
, 1998,
by and between THE CITY OF MONTICEL 0, a municipal corporation under the laws of
Minnesota (the "City") and the MINNESOT A TATE ARMORY BUILDING COMMISSION
a public corporation under the laws of Minneso a (the "Commission").
Rec tals-
A. The Commission is the fee owner of ce 'n real estate (the "Property") legally deScribed
as follows:
NEED LEGAL DESCRIPTION
The City and the Commission have enter d into that certain development agreement dated
, 1998 (the "Development A reement") pursuant to which this Right of First
Refusal Agreement has been negotiated.
C. The City and the Commission desire to nter into this Right of First Refusal Agreement
B.
concerning the Property.
1.
RilZht of First Refusal.
ommission shall receive a bona fide offer to
purchase, sell, transfer, lease for a period of mo e than 31 days, or convey all or a portion of the
Property from a third party (the "Third Party ffer"), the Commission shall not sell, transfer,
lease, or convey the Property pursuant to or in c nnection with the Third Party Offer without first
D I
q...zS"
.
.
.
offering the City the first right acquire the rig ts to the Property pursuant to the terms of the
Third Party Offer by complying with the provi ions of this Agreement. The Commission shall
provide written notice to the City of the T ird Party Offer within ten (10) days of the
Commission's receipt of the Third Party Offer, hich notice shall include a complete copy of the
Third Party Offer. The City shall then have thi (30) days after receipt of said notice to accept
the terms of the Third Party Offer by sen ing written notice of such acceptance to the
Commission. In the event the City shall a cept the terms of the Third Party Offer, the
Commission and the City shall close the sale d purchase of the Property (or part thereot) or
execute the lease or other appropriate docume s pursuant to all of the terms and conditions of
the Third Party Offer, except that no closing sh 11 be required of the City sooner than sixty (60)
days after acceptance by the City of the Third arty Offer. In the event the City shall refuse to
accept the terms of the Third Party Offer (whic refusal shall be conclusively established by the
City's failure to accept in accordance with the t rms of this Paragraph), the Commission shall be
entitled to sell transfer, lease, or convey the Pr perty (or the specified portion thereof) pursuant
to the terms of the Third Party Offer. Any d viation of the terms and conditions of the sale
transfer, lease, or conveyance to the third party om the terms and conditions of the Third Party
Offer shall require a new notice to the City d shall entitle the City to a new right of first
refusal on the terms of the modified or altered 'rd Party Offer. Upon sale of the Property (or
a portion thereof) pursuant to the terms a bona de Third Party Offer for which the City has been
provided notice and has refused to accept the 0 er in accordance with the term hereof, the rights
of the City with respect to the Property (or the rtion thereof sold) shall expire, except that such
rights shall continue and revive at the expira on of any lease or other temporary transfer or
conveyance. In the event that only a portion of the Property is sold transferred, leased, or
-2
'I., Z~
.
.
.
conveyed pursuant to the tenns of this Agreeme t, the rights of the City hereunder shall continue
and remain unimpaired with respect to the rem inder of the Property.
2. Tenn of Agreement. This Agree ent shall expire on such date as the Commission
no longer has fee title to the Property, provided that such tennination shall not affect the rights
with respect to a Third Party Offer made prior 0 said date.
3. Notice. Except as otherwise e pressly provided in this Agreement, a notice,
demand, or other communication under this greement by either party to the other shall be
sufficiently given or delivered if it is dispatched by -registered or certified mail, postage. prepaid,
return receipt requested, or delivered personall ; and
(a) in the case of the Commission, is addressed to or delivered personally to the
Commission at
and
(b) in the case of the City, is address d to or delivered personally to the City at City
Hall, P.O. Box 1147, Monticello, MN 5 362-9245, Attn: City Administrator;
or at such other address with respect to either s ch party as that party may, from time to time,
designate in writing and forward to the other provided in this Paragraph 3.
4. Assignment. The terms and condi ions of this Agreement are hereby made binding
on the successors and assigns of the parties her to.
5. Remedies. The Commission ac owl edges that in the event that the Commission
shall breach its obligations hereunder, in additio to any remedies that may be available at law,
the necessity of posting any bond.
due to the unique nature of the Property and the ity's rights hereunder, the City shall be entitled
to injunctive relief against any proposed sale in iolation of the City's rights hereunder without
6. Third Party Rights. The Housing d Redevelopment Authority in and for the City
of Monticello, Minnesota (the "Authority") shall, during the time prior to the Maturity Date (as
D-3
q" 2, 7
.
.
.
defined in the Development Agreement), have e right, but not the obligation, to enforce any
right or obligation granted to either party pursu t to this Right of First Refusal Agreement. The
City and the Commission hereby agree that the may not in any way waive, limit, or eliminate
the Authority's rights under this Agreement with ut the express written consent of the Authority.
[THE REMAINDER OF THIS PA E IS INTENTIONALLY BLANK]
D4
q" z,t
.
.
.
IN WITNESS WHEREOF, the parties h ve caused this Right of First Refusal Agreement
to be duly executed on or as of the date first a ove written.
STATE OF MINNESOTA )
) S5.
COUNTY OF WRIGHT )
CI Y OF MONTICELLO, MINNESOTA
By
Its Mayor
By
Its City Administrator
. .~ w
The foregoing instrument was aden wledged before me this .::.....4ay of
, 1998 by and , the
Mayor and City Administrator of the City of onticello, Minnesota, on behalf of the City.
STATE OF MINNESOTA )
) ss.
COUNTY OF )
Notary Public
MINNESOTA STATE
ARMORY BUILDING COMMISSION
By
Its
By
Its
The foregoing instrument was acknowled ed before me this _ day of , 1998
by and , the and of the Minnesota State
Armory Building Commission.
This instrument was drafted by:
Kennedy & Graven, Chartered
470 Pillsbury Center
Minneapolis, Minnesota 55402
(612) 337-9300
Notary Public
D-
'I" Zft
.
RIGHT OF FIRST REFUSAL A REEMENT - CITY PROPERTY
This Right of First Refusal Agreement is made this _ day of
, 1998,
by and between THE CITY OF MONTICELL , a municipal corporation under the laws of
Minnesota (the "City") and the MINNESOTA STATE ARMORY BUILDING COMMISSION
a public corporation under the laws of Minneso a (the "Commission").
.
Reci als'
A. The City is the fee owner of certain r al estate (the "Property") legally descnbed as
follows:
.
NEED LEGAL DESCRIPTION
B. The City and the Commission have enter into that certain development agreement dated
, 1998 (the "Development A eement") pursuant to which this Right of First
Refusal Agreement has been negotiated.
C. The City and the Commission desire to nter into this Right of First Refusal Agreement
concerning the Property.
1. Right of First Refusal. If the City shall receive a bona fide offer to purchase, sell,
transfer, lease, or convey all or a portion of th Property from a third party (the "Third Party
. Offer"), the City shall not sell, transfer, lease fo a period of more than 31 days, or convey the
Property pursuant to or in connection with th Third Party Offer without first offering the
E-I
'1--30
.
.
.
Commission the first right to acquire the rights t the Property pursuant to the terms of the Third
Party Offer by complying with the provisions 0 this Agreement. The City shall provide written
notice to the Commission of the Third Party 0 fer within ten (10) days of the City's receipt of
the Third Party Offer, which notice shall includ a complete copy of the Third Party Offer. The
Commission shall then have thirty (30) days aft r receipt of said notice to accept the terms of the
Third Party Offer by sending written notice 0 such acceptance to the City. In the event the
Commission shall accept the terms of the Third Party Offer, the Commission and the City shall
close the sale and purchase of the Property ( r part thereof) or execute the lease, or other
..'
appropriate documents pursuant to all of the te s and conditions of the Third Party Offei;-except
that no closing shall be required of the Commis ion sooner than sixty (60) days after acceptance
by the Commission of the Third Party Offer. In the event the Commission shall refuse to accept
the terms of the Third Party Offer (which r fusal shall be conclusively established by the
Commission's failure to accept in accordance th the terms of this Paragraph), the City shall be
entitled to sell, transfer, lease, or convey the Pr perty (or the specified portion thereot) pursuant
to the terms of the Third Party Offer. Any de iation of the terms and conditions of the sale,
transfer, lease or conveyance to the third party om the terms and conditions of the Third Party
Offer shall require a new notice to the Commi sion and shall entitle the Commission to a new
right of first refusal on the terms of the modi fie or altered Third Party Offer. Upon sale of the
Property (or a portion thereof) pursuant to the t rms a bona fide Third Party Offer for which the
Commission has been provided notice and has r fused to accept the offer in accordance with the
term hereof, the rights of the Commission wi respect to the Property (or the portion thereof
sold) shall expire, except that such rights shall c ntinue and revive at the expiration of any lease
or other temporary transfer or conveyance.. In the event that only a portion of the Property is
sold, transferred, leased, or conveyed pursuant 0 the terms of this Agreement, the rights of the
E2
9,31
.
.
.
Commission hereunder shall continue and remain impaired with respect to the remainder of the
Property .
2. Term of Agreement. This Agreem nt shall expire on such date as the City no
longer has fee title to the Property, provided that s ch termination shall not affect the rights with
respect to a Third Party Offer made prior to said ate.
3. Notice. Except as otherwise expr ssly provided in this Agreement, a notice,
demand, or other communication under this Agr ement by either party to the other shall be
sufficiently given or delivered if it is dispatched b registered or certified mail, postage. prepaid,
return receipt requested, or delivered personally; d
(a) in the case of the Commission, is addressed to or delivered personally to the
Commission at
and
(b) in the case of the City, is addresse to or delivered personally to the City at City
Hall, P.O. Box 1147, Monticello, MN 55 62-9245, Attn: City Administrator;
or at such other address with respect to either su h party as that party may, from time to time,
designate in writing and forward to the other as rovided in this Paragraph 3.
4. Assignment. The terms and conditi ns of this Agreement are hereby made binding
on the successors and assigns of the parties heret .
5. Remedies. The City acknowledge that in the event that the City sPall breach its
obligations hereunder, in addition to any remedies that may be available at law, due to the unique
nature of the Property and the Commission's rig s hereunder, the Commission shall be entitled
without the necessity of posting any bond.
to injunctive relief against any proposed sale in iolation of the Commission's rights hereunder
6. Third Party Rights. The Housing d Redevelopment Authority in and for the City
of Monticello, Minnesota (the "Authority") shall, during the time prior to the Maturity Date (as
E-
'1- 32---
.
.
.
defined in the Development Agreement), have the . ght, but not the obligation, to enforce any
right or obligation granted to either party pursuant t this Right of First Refusal Agreement. The
City and the Commission hereby agree that they ay not in any way waive, limit, or eliminate
the Authority's rights under this Agreement withou the express written consent of the Authority.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK)
~ ,,-~
-4
'1'33
.
.
.
IN WITNESS WHEREOF, the parties have caused this Right of First Refusal Agreement
to be duly executed on or as of the date first abov" written.
CITY OF MONTICELLO, MINNESOTA
By
Its Mayor
By
Its City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was ackno~ ledged before me this :'"day of
, 1998 by and -, the
Mayor and City Administrator of the City of Mo ticello, Minnesota, on behalf of the City.
Notary Public
MINNESOT A STATE
ARMORY BUILDING COMMISSION
By
Its
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowled ed before me this _ day of , 1998
by and , the and of the Minnesota State
Armory Building Commission.
Notary Public
This instrument was drafted by:
Kennedy & Graven, Chartered
470 Pillsbury Center
Minneapolis, Minnesota 55402
(612) 337-9300
'1-39-
E5
. 10.
.
.
Council Agenda - 6/22/98
A.
City Council is asked to consider procee ing on development of road and utility systems
necessary to support the St. Henry's Chu ch project. The necessary systems and
associated costs are identified in the attac ed feasibility report from the City Engineer.
The program for funding the utilities is a so incorporated into the report and mirrors
preliminary approvals granted by the Cit Council a few weeks ago. Important elements
ofthe assessment agreement are as folIo s:
1. The assessment program calls for a 20-year term. According to Rusty Fifield,
such a term length, though some hat unusual, is not unprecedented.
2. No security or letter of credit is bing required that guarantees payback of the
assessment.
3.
I was informed on Friday by Co ie Fleming that John Bondhus may request a
modification to the 7th Street roa alignment that would extend the road along the
freeway as it extends east from t e church site. More information on this
possibility to follow.
B. ALTERNATIVE ACTIONS:
1. Motion to adopt a resolution app oving assessment agreement, accepting a
feasibility study, and ordering pI s and specifications for the St. Henry's Church
utility and road improvements. otion to order plans and specifications is
contingent on execution of the as essment agreement or on the Church providing
a deposit in the amount equal to he cost to develop plans and specifications.
2. Motion to deny or table adoption ofthe resolution approving the assessment
agreement, accepting the feasibil ty study, and ordering plans and specifications
for the St. Henry's church utility and road improvements.
C. STAFF RECOMMENDATION:
The City Administrator recommends alt mative #1.
D. SUPPORTING DATA:
Assessment agreement; Feasibility stud ; Draft minutes from previous meeting; Letter
from John Olson.
6
06/01/98
10:25
GROWTH PARTNER ~ 612295 404
NO, 225
[jl02
" oo~'1>
~t1e.. 1[' L
;Cs 't (O~ #~ O~
o ..1. A' ^
I lI'&.' \ r'
(..()~
t
41
*t
~3
,*1..\
.
0"-
~
-;fV
*'0
,pltfr~
POINTS TO B INCLUDED
IN ASSESSMEN AGREEMENT /J l.
FOR 7TH TREET ) A"pllr,~a b l.-lo"/c-~
-T kl\ 01'1-"'" . . $,,..1111
.)01 MIA' ^'
1, 7th Street Assessment: The City of Monti eUo and the Church of 81. Henry agree
that the Church will be assessed for a 32.:f; ot roadway with the City paying for
oversizing to a 44-foot roadway. The ass ssment will be based on the actual bid cost
of the roadway.
2. 7th Street Common Borrow: The City of Monticello and the Church ofSt. Henry
agree to equally split the cost of the fill ne ded for the construction of7d1 Street not to
exceed $126,720 each.
3. Park: The Church ofSt. Henry agrees to onate land equivalent to the size of the :
park removed as part of this project. The ity of Monticello will assume the costs 01
grading the site and relocating the park s ctures.
4. Bridge right-or-way: The City of Montic 110 will purchase from the Church of St.
Henry excess right-of.way associated wi future bridge construction. This right-of-
way is located between the Interstate 94 ri ht-of-way and the south edge of the
proposed 7th Street and will be purchased or the fair market value as determined by
an appraiser approved by both parties.
5. Street Riabl-of -Way: The Church of St. enry will dedicate an 80-foot right-of~
way for the construction of 7th street and y necessary sloping easement north of7lh
street in the area where fill for the roadwa exceeds present grade.
6. Storm Water Pond: The Church of St. H will provide and construct storm sewer
ponding onsite located in the southeast co ner of the site between the proposed 7lh
street and the Interstate 94 right.of-way.
7. Fill and Grading: The contractor for the lurch of St. Henry will provide some
grading work for the proposed 7th Street t maximize the use of onsite fill and reduce
cost.
8, Watermain: The City oEMonticello will ay for the oversizing of the water main
from 8 inches to 12 inches with the cost 51 anng based on the actual bid price.
9. Storm Sewer Lateral: The Church of St. Henry agrees to pay through assessment,
its share of the actual storm sewer lateral ost Itot to e~ce.ed $151.555.
~
[}- ~~
10. Sanitary Sewer Lateral: The Church of t. HelUY agrees to pay) through
f)'L f.~~ assessment. its share of the actual cost oft e sanitary sewer lateral not to exceed
. $49,300.
10 -' I
.
.
1216/1211/98
o\L-
1121:25
GROWTH PARTNER ~ 61229 404
NO. 225
[;1'213
11. Fees; The Church of St. Hemy agrees to pay the following fees upfront:
Sanitary Sewer Trunk $25,000
Watennain Trunk $12,500
Stoml Sewer Trunk $67,500
Watennain Connection $ 2,500 (at connection)
Sewer Connection $32,000 (at connection)
Building Pennit, state surcharge> other $14,942 (at application)
12. Assessment Amortization: The City of onticello agrees to amortize the assessment
OV- to the Church of 81. Henry over a 20~year eriod at a rate detemtined at the time of
bond sale.
OlL
13. Construction Period: The City of Monti ello must complete the utilities and
roadwork by December 1, 1998.
0"-
14. Effective Date: This agreement becomes ffective when both parties have signed. If
the Church ofSt. Hem)' is not able to pro eed with the project, this agreement
becomes void.
.
~,
10 --2-
Council Minutes - 5/26/98
10.
City Engineer Bret Weiss reported that at th last meeting, the City Council determined
that the straight alignment with the bulb was the least expensive option to the City, which
was set as the base from which additional co ts to St. Henry's Church would be
calculated for alternative alignments.
.
.
Bret Weiss explained that after further negot ations with repres
Church, the angled bridge option with a cu ed appr
revised cost analysis utilized the assumption of a
paying 73% ofthe cost and the City paying 7%
32 ft to 44 ft, and it was the City Engineer's ec
cost with the Church, which would amount t a
$130,000. In addition, he recommended tha th
bridge costs, donate land to the City for the lac
ofthe project, dedicate 80 ft ofright-of-way fo
sloping easement north of 7th Street, and pr vi
pond located in the southeast corner of th .
at the Church's cost. In addition, it w
completed by the Church's contrac so t
the overall grading costs. In reg to wat
would pay for the difference
ption selected was not considered a
Church. He asked that the Council
sessments as noted on page 43 of the
tated t I wyers representing the Church questioned
onditions 0 the building permit.
iss responded that th re are strict rules and standards that the City
en developing a state aid oad. He eXplained that the term "developer"
both the Church and the C ty because they are developing property. In
uestion of legality of the con itions attached to the building permit, a
received from the City Planner a dressing issues brought up by the Church's
y; however, a response had not yet b en received from the City Attorney. It was
also noted that with the road shifted to one ide of the property, St. Henry's bears the
brunt of assessments for both sides.
.
Jim Ridgeway of St. Henry's stated that a p an for the church was presented to the
Council at the time the property was rezone to I-I. He noted that they were aware ofthe
7th Street project, but the bridge was not an issue at that time, and he questioned why the
10 --3
Council Minutes - 5/26/98
.
Church should pay the brunt of the cost be ause the bridge location was changed. Public
Works Director John Simola responded th he met with Church representatives
regarding bridge location before the prope y was surveyed, and that of the four
alternatives prepared, the original location as the only option that worked.
John Olson, Business Administrator for St. Henry's Church, reported that if the Council
approves the proposal as presented by the ity Engineer, it will be presente to the
Church committee for a decision ofwheth r to continue. Ifthey yote to nue, he
noted that it would be with HRA participa ion.
.
After discussion, Council was in agreeme t with t
City Engineer.
A MOTION WAS MADE BY BRUCE THIE EN
APPROVE THE ANGLED BRIDGE WITH CU
TO AUTHORIZE THE CITY ENGINEER T PRE
CONTINGENT ON THE FOLLOWING:
1. THE CHURCH OF ST. HENRY CO
COST FOR 7TH STREET.
2.
AN AGREEMENT TO PAY
COMMITTED TO BY ST
PREPARED BY THE
ATTORNEY IN A
CHURCH IS RESP
FUTURE WH~N
CESS BRIDGE COSTS BE
OCUMENT THAT IS
EWED BY ST. HENRY'S
UNDERSTOOD THAT THE
STS AT SOME TIME IN THE
UCTED.
PUR ASE EX ESS RIGHT -OF- WAY FROM THE CHURCH
THE BRlDG CONSTRUCTION, BETWEEN THE 1-94
AND THE SOU H EDGE OF PROPOSED 7TH STREET, AT A
REED UPON BY THE CHURCH AND CITY. THE CITY WILL
HASE EXCESS RlGH -OF- WAY FOR 7TH STREET, AND THE
WILL DEDICATE 80 F OF RIGHT-OF-WAY FOR 7TH STREET
UCTION, ALONG WITH THE NECESSARY SLOPING EASEMENT
H OF 7TH STREET.
THE CHURCH WILL BE RESPO SIBLE FOR PROVIDING THE STORM SEWER
PONDING ONSITE FOR THE PO D LOCATED IN THE SOUTHEAST CORNER OF
THEIR SITE AND THE CONSTR CTION OF THE POND WILL BE COMPLETED
AT THE CHURCH'S COST.
.~
6.
THE CHURCH'S CONTRACTOR WILL COMPLETE SOME OF THE GRADING
WORK IN AN EFFORT TO MAX MIZE THE ONSITE FILL AND LOWER THE
OVERALL GRADING COSTS.
10 "'I
'~""".I ,,::~~::~:~>:: ::,m,~,>~,f<>,'~
'~~~:~t
Council Minutes - 5/26/98
7. THE CITY WILL PAY THE DIFFER NCE FOR OVERSIZING FROM A 32-FT
STREET WIDTH TO 44 FT.
.
8.
THE CITY WILL PAY THE DIFFER NCE FOR OVERSIZING FROM AN 8-INCH
TO A 12-INCH WATERMATN.
Motion is contingent on St. Henry's Churc accepting the plan and conditio~s and
subsequent assessment agreement that wo ld support the future project. I\1,.'~on carried
unanimously.
.
.
10 .-5
-
.
This Agreement made and ntered into this day of
, 19__, by and bet city of Monticello, a
municipal corporation (hereinafter II city" ) and the Church of
St. Henry, a Minnesota nonprofit c (hereinafter
IIDeveloper") .
WHEREAS, Developer is the 0 certain unimproved real
property legally desoribed attached Exhibit A (IlPremisea")
and intends to construct thereon (the II Proj eet II); and
WHEREAS, as part of of the Project, the
parties acknowledge and agree tha it is necessary that certain
public improvements muat be const cted adjacent to the Premises,
necessitated by the Project, to-w eanita~ sewer, roadway
(1l7th Street Roadway"), storm sew r and water main improvements;
and
.
.
WHEREAS, the parties aoknowl dge that some of the public
improvements may be constructed b City in an oversized manner so
as to servioe other areas of City whioh shall result in benefit
to property other than the premis
WHEREAS, City is Willing to the public improve-
ments hereinabove described on th condition that Developer
agrees to pay 100 percent of the cost attributable to a atandard
size improvement to the Premises, and City agree to pay and/or
assess other benefitted property owners for the costs incurred in
excess of said amount;
IO..(P
t:;ii.."",.....Ccc '-'. ...........a."-'4- ~,,"~""'''''L..o,
.
to service the Project: sanitary sewer, roadway, storm sewer,
and water main improvements.
2. D@veloper hereby waives its right to notice and public
hearing to be held on said ments pursuant to M.S. ~429.031
and $429.061 and consent to nstruction of the above
improvements and assessment of t costs of said public
improvements against the premises in accordance with City special
assessment policies as hereinafter described.
3. A. With respect to the 7th Street Roadway, it is
hereby agreed that the City ay construct the roadway to a
44 foot roadway. The parties acknowledge that a 32 foot
. roadway would be sufficient to serve the Project. The
Developer will pay for a 32 foot roadway by assesSment in
aooordance with this agreem The City ahall be
responsihle for the differe oe between a 32 foot roadway and
the total cost of the roadway, or shall have the
right, at ite option, to as other benefitted properties
for the excess amount. The amount assessed to the project
shall be based on the actua construction cost of the
B. It ia hereby agre d that the City may construct
roa.dway.
.
10 .., ?
JUN.~19'98(FRI) 08:39
OLSON USSET & WEINGARDEN . L. L. P
TEL:612 925 5879
P. 002
.
the water main to a 12 inch ater main. The parties
acknowledge that an a inoh w tar main would be s~ffioient to
serve the projeot. The Deve oper will pay for an 8 inch
water main by assessment in ccordanoe with this agreement.
The City shall be reaponsibl for the difference between an
8 inoh water main and the to al cost of the oversized w~ter
main, or ~hall have the righ , at its option, to aeee~8
other benefitted properties or the excess amount. The
amount as~eseed to the proje t ~ha11 be based on the actual
construction coat of the wa main.
c. The Developer eha 1, by assessment, pay the storm
sewer lateral costel not to exceed $1$1,555.00, and sanitary
~ewer lateral costs, not to exceed $49,300.00, by 4sseesment
in accordance with thie agr ement.
4. With respect to the co struction of a 7th Street
Roadway:
.
A. The City and Deve oper ahall each pay one-half the
coat of fill needed for con truction in an amount not to
exceed $126,720.00 each. e Developer'. share shall be
a..eased againet the premi~es in accordanc~ with this
agreement..
B. The Developer ah 11 dedicate to the City, in a
location to be determined Y the City, an eo foot right-ot-
way and $lope easement for the construction of the 7tb
Street right-af-way. If t e city has need of the right-of-
way eaaement prior to the eveloper platting the premises,
3-
.
I() ...g'
JUN. -19' 98(FRI) 08:40
OLSON USSET & WEINGARDEN P. L. L. P
TEL:612 925 5879
P.003
.
.
.
Developer shall dedicate the easement by deed.
C. The Developer ahal provide ~uch grading for the
7th street Roadway as will r sult in maximum of on-mite fill
for the roadway and reduce e need to acquire fill from an
outside source or source$.
5. The Developer ahall do ate or dedicate land to the City
for park 1n acco~dance with park ordinancea in effect
on the date this agreement is en The City shall
provide for and pay for developm nt of the park in its sole
dl5Jcretion.
6. The Developer ehall pr vide storm sewer pending on the
premises in accordance with pl&n and specifications prep~red
and/or approved by the ineer. The ponding area shall
be located in the southeast r of the premises between the
proposed 7th Street Roadway and he Interstate 94 right-af-way.
7. At $uch time as the ci y shall require additional
right-of-way on the premises fo the purpose of constructing a
bridge, the Developer shall eel such right-of-way to the City.
The right-aE-way .hall be looat d between the Inter.tate 94
right-of-way and the south edge of the proposed 7th Street right-
of-way. The purchase price aha 1 be the fair market value as
determined by a real estate ~pp aiser selected and agreed upon by
the parties. In the event the artiea are unable to agree upon
an appraiser, each party shall eleot one appraiser and the tWO
apprai~erB sa selected shall ~e eat a third. The fair market
value shall be that determined Y a majority of the three
-4-
10 ' '1
JUN. -19'98(FRII 08:40
OLSON USSET & WEINGARDEN . L. L. P
TEL:612 925 5879
P.004
4It appraisers as SO selected.
8.
A.
oeveloper acknowle ss that ita sha~e of the total
$
Developer unde atands that this is an estimate
hereinalJove
estimated cost of the public
described, including enginee ing and contingencies is of
only as determined by City'S engineer and that the actual
figure may be higher or lowe , depending on various faotors.
Upon completion of construct 'on, City's engineer shall
determine the Developer's sh re:of the improvements.
B, In addition to the foregoing, Developer shall pay
the following amounts, under the term of this agreement, for
improvements already constru ted by the City and benefitting
the Premiees:
Trunk sanitary sew r
4It Trunk water main
Water main conneot on
Sewer oonneotion
Building permit
$25,000
$1;2,500
$ 2,500 (payable
at conneotion)
$32,000 (payable
at connection)
Trunk storm sewer
$ as determined 1n
accordance with
law at time of
application
$67,500.00
c.
Developer agrees t
city may aSBess such amount
against the P~emiseB as pro ided h~rein, and further agrees
that the
under this agreement is
equal to or less than the b nefit to the Project.
4It
10 ,,10
JUN. -19' 98lPRIl 08:41
OLSON USSET &. WE I NGARDEN . L. L. P
TEL:612 925 5879
P.005
.
.
.
9. Developer acknowledges hat the premiaea is the primary
benefitted property from the publ c improvements, but for the
Project, City would not Qonstruct any of the public improvements.
10. The assessment shall be adopted by the City council
upon the completion of conatructi n of all of the public
improvements herein described, to ether with interest at a rate
to be determined by City. The as eSBmentB ~hall be payable
commencing in the year following he date of completion of all
such improvements, and shall be p i& in full within twenty (20)
years thereafter.
11. Developer hereby waives all rights of appeal that it
haa by virtue of Minnesota Statut & S429.08~ or otherwise, to
challenge the amount or validity of amounts, or the procedure
used by the City in levying the sBesement, the benefit to the
Premises or lack thereof by virt e of the improvements, or any
other defen~e available to pevel per either at law or equity to
the asseeament of the Premises a eontemplated herein. Developer
hereby releases the city, itD of ieers, agenta and employees from
any and all liability related to or arising out of the levying of
sa.id alisessment.
provided, however, tha in the event that the Developer
believee ite share of the public improvements as determined by
City's engineer are in excess of the cost attributable to a
standard size improvement to the premises, Oeveloper shall have
the right to submit this sole disputed issue to arbitration by an
independent engineer in accorda c8 with the rules and regulations
6-
/() ,,1/
JUN. -19' 981FRI) 08:41
OLSON USSET &. WE I NGARDEN P. L. L. P
TEL:612 925 5879
P. 006
.
.
.
of the American Arbitration ASBOC ation (AAA), at Developer'Q
Bole coat &nd expense. Both part es ahall be bound by the
deoision at the arbitrator as pro ided by law. Nothing contained
herein shall permit Developer to ppeal or dispute any other
issue related to the improvement sseasmente.
12. Nothing contained here1 shall prevent City from
assessing the premises for public improvements other than those
specifically described within thi Agreement, all as provided by
litw.
13. The City shall complete the improvements on or before
December 1, 1998.
14. This Agreement ahall be construed in aocordance with
the proviaions of Minneaota law, nd shall be binding upon the
parties hereto, cheir successors and assigns.
15. Developer has reviewed thie Agreement with the
assistance of counsel and enter 'nto this Agreement ~s ita tree
act and deed.
16. The Developer shall pr vide the City with a certified
copy of a resolution adopted by ts board of directors or
governing body authorizing the D veloper to enter into thi$
agreement.
11. This agreement ehall b effective upon being signed by
both parties. If the Developer etermines, prior to the time
contract5 for construotion of th improvements are awarded, not
to prooeed with ite project, it hall notify the City in writing
and this agreement shall be null and voia. tf the Developer
-7-
10 -' 12"""
JUN,-19'981FRI) 08:41
OLSON US SET & WEINGARDEN . L. L. P
TEL:612 925 5879
P.007
~ determines not to proceed with thi project after contracts for
public improvements are awarded, t is agreement shall remain in
full force and effect.
18. Upon execution
resment the Developer Bh~ll
deposit with the City an amount e al to the e~timated cost of
preparing plane and epecifications for the puolic improvements.
In the event the Developer termina ee this agreement in
accordance with paragraph ~7, then the City shall retain the
depo&it without liability to the D velopsr therefor. If the
Developer does not eo terminate th's agreement and contracts are
awarded, the amount of the deposit shall be refunded to
Developer.
IN WITNESS WHEREOF, the parti 8 have hereunto set their
hands the day and year first
written.
~
CIT OF MONTICELLO
By:
William Fair
Its: Mayor
And By:
Ita:
CHUR OF ST. HENRY
BYI
Ita:
And By:
Ita;
-B-
~
10 -' 13
/
JUN,-19'98(FRll08:42
OLSON USSET & WE I NGARDEN P. L. L. P
TEL:612 925 5879
P.008
. STATE OF MINNESOTA )
sa.
COUNTY OF )
thia
and
the and
of City of Monticello, a municipal
corporation, on behalf of the corp ration.
The foregoing instrument was aoknowleQged before me
_ day of I 199_, by
Nota r;y public
STATE OF MINNESOTA )
es.
COUNTY OF )
The foregoing instrument wal aoknowledged before me this ----
day of ' 199___, by
the of Church of st. Henry, a Minnesota
nonprofit corporation, on behalf cf the nonprofit corporation.
.
Notlry Public
mun!\mont\79751279B.Ol
_t _
.
10., /If
.
.
.
11.
Council Agenda - 6/22/98
Consideration to authorize ex
pro~ram. (O.K.)
A. REFEREN E AND BACKGRO
At the HRA meeting in June, the commissi ners were asked of their interest to purchase
the property at 613 Sixth Street West beca se the property is on the market, was
identified by previous HRA commissioner as a targeted area for redevelopment, and also
recognizing the City Council's interest to evelop a scattered housing program. Please
read the attached HRA agenda item of Jun 3. The HRA commissioners tabled any
action to purchase the property because no scattered housing program exists and they
were unclear to the seriousness of the Cou cil for development of such a program without
an identified funding source. Secondly, th HRA requested the City Council consider
authorizing and exploring the development of a scattered housing program utilizing grant
money from the Minnesota Housing Finan e Agency (MHF A), McKnight Foundation, or
other sources for the purpose to eliminate light and provide affordable housing.
Enclosed is an article from the West Sherb me Tribune.
Therefore, the Council needs to consider t ese three questions: First, is the City Council
serious about development of a scattered h using program? Second, is the City Council
willing to authorize exploring the develop ent of a scattered housing program utilizing
grant money from MHFA or McKnight Fo ndation? Or thirdly, is the City Council
willing to fund a scattered housing progra ? It is my thought in order to apply for grant
money, a housing study or evaluation ofth housing stock and housing need for the city
would be necessary as documentation.
Providing the Council has some interest in evelopment of a scattered housing program
and knowing the HRA's cashflow is low d their priority acquisition focus is Block 54,
is the City Council interested in acquiring t e property along Sixth Street at this time?
B. ALTERNATIVE ACTIONS:
SCATTERED HOUSING PROGRAM:
1. Is the City Council serious about d velopment of a scattered housing program?
Yes No
2. Is the City Council willing to autho ize exploring the development of a scattered
housing program utilizing grant mo ey from MHF A or McKnight Foundation?
Yes No
3.
Is the City Council willing to fund scattered housing program?
Yes No Maybe
7
.
PROPERTY ACQUISITION:
Council Agenda - 6/22/98
1. Is the City Council interested in acq iring the property located at 613 Sixth Street
West?
Yes No
2. If yes, do you authorize an appraisa of the property prior to submittal of an offer?
Yes No
C. STAFF RECOMMENDATION:
This agenda item is a followMup of the June HRA meeting. I believe the Administrator
and Assistant Administrator are in agreeme t if the City Council is serious about a
scattered housing program that the first thi g necessary is finding a source for funding the
program and developing guidelines for the rogram.
No recommendation is given relating to ac
Street, as the Administrator and Assistant
they are attending the League Conference.
scattered housing program.
.
D.
SUPPORTING DATA:
uisition of the property located at 613 Sixth
dministrator are unavailable for comment, as
he property is an ideal parcel for the
HRA agenda; Map; Article from
.
8
HRA AGENDA
. JUNE 3, 1998
8.
.
.
A Reference and Background:
The HRA is requested to consider the prop rty located at 613 Sixth Street West for
interest to acquire. Although the property oes not lie within the boundary of
Redevelopment District No. 1-22, the prop rty and its immediate adjacent parcels were
identified by previous commissioners as an area for redevelopment or for the scattered
housing program. More importantly, the ity Council has earmarked a scattered housing
program as a high priority.
The property identified as PID# 155-010-0 9030 has a 1998 payable market value of
$28,100 (Land $15,000 and Building $13,100). The parcel consist of one lot, 10,890 sq
ft., legal description is Lot 3, Block 9.
The asking price is $39,900 per owner, 49 -7710. The structure is a one-bedroom home
with basement and 10xl0 shed. Improvem nts have been made to the home as the
property recently changed hands.
If the Council and HRA are serious about scattered housing program, this is a good
place to start. Recognizing the HRA has li "ted available funds, the HRA may wish to
request up-front dollars for the parcel from the Council. Guidelines for a housing program
must be developed and parcels identified. emember, a scattered housing program
consists of basically two programs: redevel pment - acquire, demolish, and resale and
rehabilitation - rehab older, solid structural homes. The purpose of a scattered housing
program is to increase the aesthetic value 0 the neighborhood. It is an investment to
preserve a safe community and to prevent i creased costs such as police service. The
scattered housing program is a quality of " e issue for a city much like the goodwill issue
for a business. Although the program incr; ases the tax base, the program or a project is
not necessarily intended to cash flow.
An example: Assuming the HRA purchase the above property for $40,000 and
demolition costs were $3,000 and the sold the raw land for $20,000. It would take
a new home with a land and building mark value of$118,000 about 20 years before the
HRA would recover its cost of $23,000. his using the entire tax rate not just the city
portion.
B.
Alternative Action:
1.
A motion of interest to acquire the arcel requesting up-front dollars from the
Council and authorize an appraisal.
1
11-- (
HRA AGENDA
. JUNE 3, 1998
2. A motion of no interest to acquire he parcel.
3. A motion to table any action.
C. Recommendation:
As the Council is directing the HRA to im lement a scattered housing program, this is a
great parcel to use as a starter. Recomme dation is alternative no. 1.
D. SuPportini Data:
Map identifYing parcel.
.
.
2
1/-,2-
...~
~,
I'
I::
"R~
'"
.
~/
orfJ.
e-;
.
.
. ".A.
\__' W~S--l;- SDe'\~VllV\<:'" \r,t:.,-^{\e. J--\"'y30, (C'{'H'
BL housing project may
get more state funding
By Marcia Goosen
Staff Writer
In 1995, the Big Lake Economic
Development Authority (BLEDA)
commissioned Community Partners,
Inc. to evaluate the housing stock and
housing need of the city, develop a c0-
ordinated strategy to improve the con-
dition of existing stock, and to promote
new housing opportunities for both
rental and owner occupied markets.
An observation had been made by
the members of BLEDA that there was
a noticeable disinvestment in the hous-
ing stock, both owner occupied and
rental housing. A significant portion of
Big Lake;'s housing stock was built pri-
or to 1950. These places were begin.
ning to show their age, and they needed
to be fixed up or tom down.
The 1995 survey results reflected
those perceived conditions.
Out of the observation came the
1995 Big Lake Housing Strategy Plan.
A copy of this study is located at City
Hall.
The housing study looked at the
condition of both owner occupied hous-
ing and rental housing.
At the time of the study there were
1,110 single. family owner occupied
wellings in Big Lake. Of those, 192
(17%) were considered substandard and
32 (3%) were considered dilapidated.
Thiny-one (34%) of the rental build-
ing in town were in substandard condi.
tion. while 19 (21 %) of them were con-
sidered dilapidated.
With the help of Community Part-
ners. Inc.. BLEDA applied for grants to
the Minnesota Housing Finance Agen-
cy (MHFA) and to the Department of-
Trade and Economic Development
(DTED). They were awarded $250,000
grant from MHFA, and have received
in excess of $400,000 from DTED.
The Acquisition and Demolition
Program was started with a $250,000
grant from MHFA. The city hadto con-
tribute $125,000 for a total of
$375,000, enough money to acquire 17
substandard pieces of propeny.
This money is used by BLEDA to
buy up substandard and dilapidated
housing, which they teat down. for fe-
sale of t\l(' land to feCOUp part of their
investment.
Some of the conditions for this pro-
gram are BLEDA cannot condemn
property, SO they can demolish a sub-
standard or dilapidated dwelling. the
owner of the propeny must be willing
to sell, and when BLEDA acquires the
property it must be vacant of any ten.
antS.
They have acquired or have pur.
in case of fife, ete.
There are two parts to the Commer-
cial Rental Inspection and Renovation
Loan Program. Steve Moore. assistant
city administrator will be handling the
rental housing inspection progrnm.
The need for a rental inspection pro-
grnm came out of the study by Commu-
nity Partners, Inc. Some rental unitS did
not meet health and safety standards.
All rental units will be inspected ev-
ery twO years. A S65 fee is charged for
inspection, with a sliding scale for mul-
tiple unit inspections. and a certificate
of inspection is issued, aCter the unit
h:ls passed the inspection.
Although the program began in
1997, they have not completed all in.
spections. The goal is to complete all
inspections in 1998.
Moore will call owners of rental
units-to set up a time when they can
complete the inspection.
If a property does not pass the in-
spection according to the ordinance. the
owners are given a work writeup that
explains what needs to be done. and a
time schedule to complete the renova.
tions in order to pass the inspection.
Then a follow up inspection is
scheduled after the work has been
done. .
The Housing Renovation Loan Pr0-
gram is designed to help' people who
don't have the money to fix up their
homes, but would like to bring their
house up to code.
There are eight CI" nine projects 00.
going right now.
This is an income-based program,
the income guidelines depend on how
many people live in the house or uniL
If you receive renovation money. you
do not have to pay it back if you stay in
your home. If you sell your home with.
in a designated time period, you are re-
quired to pay back: a portion of the
money you received..
The target area for this project has
been expanded to handle more of the
older areas of city and to both sides of
\he lake.
Another benefit of this program is
that commercial rental housing can
qualify. As long as the tenants living in
the unit qualify under the income stan-
dards, and they are WillUlg to have the
work done, a landlord can apply Cor
money.
U" you are interested in this program,
call Steve Whitcomb at 263-2107. This
program will be in effect until late
1999, or until all the money h..u been
earmarked for use.
STEVE MOORE Is the new Big
Lake cIty assistant administrator,
In ch rge of housing
Improvements and zoning Issues.
chase agr 'ments on 10 units. Six mo-
bile home have ben moved and they
have tom own three houses. resulting
in four 10 s. These can be rerold at a
proli L
Begin ing in November of 1996,
they have twO years to complete the
project. B _ause they have done well in
administr ting the program there is a.
chance fo the city to apply for and re-
ceive mor funds in 1999.
They s 'u have enough money 10 ac.
quire sev n more properties. If you are
intcreste in t11is program please call
City Hall t 263.2107.
In No ember of 1996, BLEOA re-
ceived a 31,000 grant from OTED.
This mon )' was awarded for a Housing
Renov3ul n Program, the idea being to
bring th house or rcnt.:ll unit up to
code.
The c ncern was with health and
safcty s nciards. Examples would be
in>t.:\\ling smoke detectors. removal of
lcad.based patnt, having enough exits
II-lj
- ,-_..'- ..~
BRC FINANCIAL SYSTEM
06/11/98 09;14;46
Schedule of Bills
CITY OF MONTICELLO
GL050S..Y05 .2 COYERPAGE
Gl540R
.
Report Selection;
RUN GROUP... 0611
COMMENT... 6/11 CKS
OATA..JE-IO
DATA COMMENT
-----~-------- ------------------------
0-.06111998-523 6/11 CKS
Run Instructions;
Jobq Banner Copies Form Printer Hold Space lPI lines CPI
J 01 Y S 6 066 10
.
.
--,-,-,--"- --'-
BRC FINANCIAL SYSTEM CITY OF MONTICELLO
06/11/9B 09:14:47 Schedule of ills GL540R-V05.20 PAGE 1
.OR NAME
-DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE POll FIP ID LINE
AMERICAN PAGING OF MINNE
JOHN M & RICH C 18.56 TELEPHONE 601.49440.3210 523 00001
MATT 128.71 TELEPHONE 602.49490.3210 523 00002
AN SHELTER 27.74 TELEPHONE 101.42701.3210 523 00003
JOHN S 9.28 TELEPHONE 101.43110.3210 523 00004
GARY A 9.28 TELEPHONE 101.42401.3210 523 00005
JOHN L 9.2B TELEPHONE 101.45201.3210 523 00006
TOM B 2.55 TELEPHONE 101.43115.3210 523 00007
ROGER M 9.2B TELEPHONE 101.43120.3210 523 00008
214.68 ~VENDOR TOTAL
ANDERSON/RICK
INSP-21 HRS @ $27.50 577 .50 1997 STORM DAMAGE EXPE S 101.42501.4401 5/18 TO 5/29 523 00009
BLDG-l00 MI @ .28 28.00 1997 STORM DAMAGE EXPE S 101.42501.4401 5/1B TO 5130 523 00010
605.50 ~VENDOR TOTAL
BELLBOY CORPORATION BAR
LIQUOR 322.95 LIQUOR 609.49750.2510 14298400 523 00012
BERNICK'S PEPSI COLA COM
BEER 618.55 BEER 609.49750.2520 523 00015
MISC TAXABLE 9.00 MISC TAXABLE 609.49750.2540 523 00016
IER/GLADYS 627.55 ~VENDOR TOTAL
CHAMBER-HELP 333.00 SALARIES, TEMPORARY - RE 101.45172.1040 6/30 523 00011
BUFFALO BITUMINOUS, INC.
WATER-WASHINGTON & 3RD 2,500.00 MISC PROFESSIONAL SER IC 601.49440.3199 523 00013
CENTRAL MINN INITIATIVE
CMIF GRANT REIMB 1,100.21 GRANT REIMBURSEMENT 223.46501.6601 523 00014
CULLIGAN
RENTAL 48.91 RENTAL HOUSE EXPENSES 240.49201.4381 JUNE 523 00017
CUSTOM POWDER
PARKS-RAILINGS COATING 800.00 IMPROVEMENTS 101.45201.5301 5647 523 00018
DAHLHEIMER DISTRIBUTING
BEER 10,676.15 BEER 609.49750.2520 523 00019
NON ALCOHOLIC 306.00 MISe TAXABLE 609.49750.2540 523 00020
10,982.15 *VENDOR TOTAL
DAY DISTRIBUTING COMPANY
BEER 1,144.20 BEER 609.49750.2520 523 00021
DYNAMIC SYSTEMS, INC.
~TP-REPAIR AIC POWER 348.00 MISC REPAIR & MTC SUP LI 436.49201.2299 12943 523 00022
BRC FINANCIAL SYSTEM CITY OF MONTICELLO
06/11/98 09; 14;47 Schedule of B' 115 GL540R-V05.20 PAGE 2
.OR NAME
DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE POll FIP 10 LINE
FEDERAL EXPRESS
CUB FOODS..DELIVERY 27.25 DELIVERY MAIL SERVICE ( 101.41910.3240 523 00023
FLESCH'S PAPER SERVICES,
LIQUOR-BAGS 85.76 MISC OPERATING SUPPLIES 609.49754.2199 1064760 523 00024
FOSTER-FRANZ EN-CARLSON A
LIQ LIAB-DUE AFTER AUDIT 1,475.00 GENERAL LIABILITY INSUR 609.49754.3610 3784 523 00025
GRIGGS, COOPER & COMPANY
FREIGHT 86.25 FREIGHT 609.49750.3330 523 00026
LIQUOR 7,518.37 LIQUOR 609.49750.2510 523 00027
WINE 324.03 WINE 609.49750.2530 523 00028
MISC TAXABLE 94.05 MISC TAXABLE 609.49750.2540 523 00029
8,022.70 *VENDOR TOTAL
GROSSLEIN BEVERAGE INC.
BEER 11,701.55 BEER 509.49750.2520 523 00030
MISC TAXABLE 12.30 MISC TAXABLE 609.49750.2540 523 00031
11,713.85 *VENDOR TOTAL
HDR ENGINEERING, INC.
l!II!TP-CONTRAC1 48.554.18 PROF SRV - ENGINEERING F 436.49201.3030 FEBRUARY 523 00033
MESIGERALD T
LIBRARY-CONTRACT 227.50 PROF SRV - CUSTODIAL 211.45501.3110 6/01-6/15 523 00032
HOGLUND COACH LINES LTD
CONTRACT 5,295.78 PROF SVR - HEARTLAND BUS 610.49801.3060 MAY 523 00034
JIM HATCH SALES CO
STREETS-STREET REPAIR 624.70 STREET MAINTENANCE MATER 101.43120.2240 523 00035
JOHNSON BROS WHOLESALE L
FREIGHT 33.54 FREIGHT 609.49750.3330 523 00036
LIQUOR 3,418.43 LIQUOR 609.49750.2510 523 00037
WINE 291. 75 WINE 609.49750.2530 523 00038
3,743.72 *VENDOR TOTAL
K MART STORE
WWTp..MISC EXP 19.15 MISC OTHER EXPENSE 436.49201.4399 523 00039
CC-VIDEO TAPES & MAILERS 13.81 MISC OTHER EXPENSE 101.41110.4399 523 00040
PARKS-SUPPLI ES 111.42 MISC OPERATING SUPPLIES 101.45201.2199 523 00041
REFUSE '.SU PPL I ES 22.90 MISC OTHER EXPENSE 101.43230.4399 523 00042
WA TER-SUPPLI ES 69.15 MISC OPERATING SUPPLIES 601.49440.2199 523 00043
SHADE TREE-PENS RETURNED 2.67CR MISC OFFICE SUPPLIES 224.46102.2099 523 00044
233.76 *VENDOR TOTAL
.,INC
IRE-FUEL 12.00 MOTOR FUELS 101.42201.2120 ME0512 523 00045
.-----., ---~----_. --.- ---- ._,._~-
BRC FINANCIAL SYSTEM CITY OF MONTICELLO
06/11/98 09: 14;47 Schedule of Bills GL540R-V05.20 PAGE ')
~
.OR NAME AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE POll F IP 10 LINE
DESCRIPTION
LEHMANN FARMS
NO TAX MISC 134.80 MISC NON TAXABLE 609.49750.2550 523 00046
TAXABLE MISC 26.30 MISC TAXABLE 609.49750.2540 523 00047
161.10 *VENDOR TOTAL
MAUS FOODS
PLANNING 160.73 MISC OPERATING SUPPLI S 101.41910.2199 523 00048
CH-COFFEE 12.32 MISC OPERATING SUPPLI S 101.41940.2199 523 00049
WWT P-F I LM 49.04 PROF SRV - CONSTRUCT I N 436.49201.3025 523 00050
AN SHELTER 92.19 MISC OPERATING SUPPLI S 101.42701.2199 523 00051
PARKS 13.34 MISC OPERATING SUPPLIE 101.43120.2199 523 00052
SHADE TREE 40.93 MISC OTHER EXPENSE 224.46102.4399 523 00053
CC-MEETING 5.38 MISC OTHER EXPENSE 101.41110.4399 523 00054
SHOP 57.01 MISC OPERATING SUPPLIE 101.43127.2199 523 00055
430.94 *VENDOR TOTAL
MESSERLI & KRAMER, PA
GARNISHMENT-R SWEENEY 202.90 GARNISHMENT PAYABLE 609.21709 523 00056
MICROBIOLOGICS, INC.
WA TER-COLI FORM 76.13 MISC PROFESSIONAL SERV C 601.49440.3199 523 00057
.EGASCO
SHELTER 9.59 GAS 101.42701.3830 523 00059
LIQ STORE 15.98 GAS 609.49754.3830 523 00060
HRA-225 W RIVER ST 3.72 GAS 213.46301.3830 523 00061
29.29 *VENDOR TOTAL
MN DEPT OF TRADE & ECON
SCERG GRANT REIMB 2,483.45 GRANT REIMB - AROPLAX 222.46501.6602 523 00058
MN PUBLIC TRANSIT ASSOCI
HEARTLAND EXPRESS 100.00 DUES, MEMBERSHIP & SUB C 610.49804.4330 ANNUAL DUES 523 00062
MONTE CLUB
MARKETING-LUNCHES 239.68 MISC PROFESSIONAL SERV C 213.46500.3199 523 00064
MONTICELLO AUTO BODY
JOHN S-TRUCK REPAIR 956.06 REPAIR & MTC - VEHICLE 101.43110.4050 ACCIDENT 523 00063
MONTICELLO SENIOR CITIlE
CONTRACT 2,833.33 SENIOR CENTER CONTRIBU I 101.45175.3136 JULY 523 00066
MONTI CELLO TIMES
DISCOUNT 490.86CR DISCOUNT 101.36298 523 00067
LEGAL 2,910.76 LEGAL NOTICE PUBLICATI N 101.41601.3510 523 00068
BLDG PERMITS 122.50 GENERAL PUBLIC INFORMA I 101.42401.3520 523 00069
PUBLIC HEARINGS 294.90 LEGAL NOTICE PUBLICATI N 101.41910.3510 523 00070
_-HELP ADS 323.33 GENERAL PUBLIC INFORMATI 101.41301.3520 523 00071
ECYCLING INFO 78.48 GENERAL PUBLIC INFORMA I 101.43230.3520 523 00072
LIBRARY TIMES VOL 230.00 GENERAL PUBLIC INFORMATI 211.45501.3520 523 00073
BRC FINANCIAL SYSTEM CITY OF MONTICELLO
06/11/98 09: 14:47 Schedule of ills GL540R-V05.20 PAGE 4
_OR NAME
ESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE POll F/P 10 LINE
MONTICELLO TIMES
SHADE TREE-ADS 517.80 GENERAL PUBLIC INFORMA I 224.46102.3520 523 00074
PARKS-WALK & ROLL 1.710.00 ADVERTISING 101.45201.3499 523 00075
PARKS-HELP AD 253.15 GENERAL PUBLIC INFORMA I 101.45201.3520 523 00076
HEARING-GOLD NUGGET 58.98 GENERAL PUBLIC INFORMA I 101.41910.3520 523 00077
HEARING-'H SHERMER 58.98 GENERAL PUBLIC INFORMA I 101.41910.3520 523 00078
INTERNET 350.00 GENERAL PUBLIC INFORMA I 101.41910.3520 523 00079
HEARING-MARVIN ROAD 109.53 GENERAL PUBLIC INFORMA I 101.41910.3520 523 00080
PLANNING-WANT AOS 34.65 GENERAL PUBLIC INFORMA I 101.41910.3520 523 00081
CH-ADS 51. 60 ADVERTISING 101.41940.3499 523 00082
6.673.80 *VENDOR TOTAL
NATIONAL BUSINESS FURNIT
WWTP-CHAIRS 538.80 FURNITURE & FIXTURES 436.49201.5601 523 00083
PHILLIPS WINE & SPIRITS
FREIGHT 108.42 FREIGHT 609.49750.3330 523 00084
LIQUOR 2,162.58 LIQUOR 609.49750.2510 523 00085
WINE 2.920.17 WINE 609.49750.2530 523 00086
5.191.17 *VENDOR TOTAL
PINNACLE DISTRIBUTING
tSC TAXABLE 410.31 MISC TAXABLE 609.49750.2540 991676 523 00087
P OFESSrONAL SERVICES GR
WWTP-CONTRACT 35,360.50 PROF SRV - PSG. INC 602.49480.3080 JUNE 523 00088
SUNNY FRESH TESTING 1.188.00 MISC PROFESSIONAL SERVI 602.49480.3199 1ST QTR 1998 523 00089
36.548.50 *VENDOR TOTAL
QUALITY WINE & SPIRITS C
LIQUOR 807.49 LIQUOR 609.49750.2510 523 00090
WINE 2,192.35 WINE 609.49750.2530 523 00091
2,999.84 *VENDOR TOTAL
RED'S MOBIL
STREETS-FUEL 25.60 MOTOR FUELS 101.43120.2120 523 00092
RIVERSIDE OIL
STREETS-FUEL 1.653.00 MOTOR FUELS 101.43120.2120 523 00093
RON'S GOURMET ICE
LI QUOR-' ICE 260.90 MISC TAXABLE 609.49750.2540 11766 523 00094
SALZWEDEL/PATRICIA
PATTY-TRAVEL EXP 56.00 TRAVEL EXPENSE 101.42701.3310 523 00095
SEBCO, I NC
WWTP-CHEMICAL INJ 3,950.48 REPAIR & MTC - MACH & E Q 436.49201.4044 719 523 00096
.
BRC FINANCIAL SYSTEM CITY OF MONTICEllO
06/11/98 09;14;47 Schedule of Bills GL540R-Y05.20 PAGE 5
.DOR NAME AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INYOICE POll F/P 10 LINE
DESCRI PTI ON
SHOR-LINE
AN SHEL TER-'FURN 2,312.00 FURNITURE & FIXTURES 101.42101.5601 33198 523 00097
SIMONSON LUMBER COMPANY
SHADE TREE-LATH 410.56 TREE REPLACEMENT 224.46102.4391 523 00098
AN SHElTER-BLDG REPAIR 7.44 BUILDING REPAIR SUPPL ES 101.42701.2230 523 00099
WATER-PLYWOOD 38.34 BUILDING REPAIR SUPPL ES 601.49440.2230 523 00100
SHOP-OP SOPPLI ES 102.79 MISC OPERATING SUPPlI S 101.43127.2199 523 00101
STREETS-OP SUPPLIES 28.00 MISC OPERATING SUPPLI S 101.43120.2199 523 00102
PARKS-OP SUPPLIES 267.37 MISC OPERATING SUPPlI S 101.45201.2199 523 00103
854.50 *YENDOR TOTAL
SPECTRUM SUPPLY CO.
STREETS-OP SUPPLIES 354.71 MISC OPERATING SUPPLI S 101.43120.2199 67089 523 00105
PARKS--OP SUPPLIES 157.01 MISC OPERATING SUPPLI S 101.45201.2199 68307 523 00104
511.72 *YENDOR TOTAL
ST. CLOUD RESTAURANT SUP
MISC TAXABLE 113.83 MISC TAXABLE 609.49750.2540 523 00106
MISC OP SUPPLIES 13.80 MISC OPERATING SUPPLI S 609.49754.2199 523 00107
MISC OP SUPPLIES 44.36CR MISC OPERATING SUPPLI S 609.49754.2199 523 00108
LI BRARY 39.09 MISC OPERATING SUPPLI S 211.45501.2199 523 00109
tRIOR SERVICES-CENTRA 122.36 *YENDOR TOTAL
SALES TAX 771.50 SALES TAX 101.43230.3720 523 00112
RECYCLING 3,916.56 PROF SRV - RECYCLING ON 101.43230.3101 MARCH 523 00110
GARBAGE 7,912.77 PROF SRY - REFUSE COL EC 101.43230.3100 MARCH 523 00111
12,600.83 *YENDOR TOTAL
THORPE DISTRIBUTING COMP
BEER 25,154.45 BEER 609.49750.2520 523 00113
MISC TAXABLE 245.75 MISC TAXABLE 609.49750.2540 523 00114
25,400.20 *YENDOR TOTAL
U SLINK
PARKS 10.74 TELEPHONE 101.45201.3210 523 00115
CITY HALL 21.50 TELEPHONE 101.41301.3210 523 00116
FIRE DEPT 3.58 TELEPHONE 101.42201.3210 523 00117
AN SHELTER 4.19 TELEPHONE 101.42701.3210 523 0011 e
WATER 7.28 TELEPHONE 601.49440.3210 523 00119
PUBLIC WORKS 9.61 TELEPHONE 101.43110.3210 523 00120
SLOG INSP 3.58 TELEPHONE 101.42401.3210 523 00121
DEP REG 3.59 TELEPHONE 101.41990.3210 523 00122
P W INSP 3.58 TELEPHONE 101.43115.3210 523 00123
COMPUTER 3.58 TELEPHONE 101.41920.3210 523 00124
UQUOR 6.29 TELEPHONE 609.49754.3210 523 00125
77.52 *YENOOR TOTAL
.
BRC FINANCIAL SYSTEM CITY OF MONTICELLO
06/11/98 09:14:47 Schedule of ills GL540R-V05.20 PAGE 6
.OR NAME AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE POll F/P 10 LINE
DESCRIPTION
VIKING COCA COLA
LIQUOR-POP 298.40 MISC TAXABLE 609.49750.2540 523 00126
PUBLIC WORKS-POP 104.37 MISC OTHER EXPENSE 101.43110.4399 523 00127
402.77 *VENDOR TOTAL
WATSON COMPANY, INC/THE
MISC TAXABLE 377 . 98 MISC TAXABLE 509.49750.2540 523 00128
WRIGHT COUNTY AUDITOR-TR
SCERG GRANT REIMB 2.750.51 GRANT REIMBURSEMENT 222.45501.6601 523 00129
WRIGHT COUNTY TREAS/AUDI
RICK-MATL MGMT 30.00 DUES. MEMBERSHIP & SUBS 101.41301.4330 MEMBERSHIP FEE 523 00131
WRIGHT HENNEPIN SECURITY
DEP REG-MONITORING 19.12 MAINTENANCE AGREEMENTS 101.41990.3190 523 00133
PARKS-MONITORING 15.98 MAINTENANCE AGREEMENTS 101.45201.3190 523 00134
35.10 *VENDOR TOTAL
WRIGHT-HENNEPIN COOP ELE
STREET LIGHTS 9.00 ELECTRIC 101.43150.3810 523 00132
.
.
_.,._-~---.~~,.,. --~, ~,-~-,-,-- ----
BRe FINANCIAL SYSTEM
06/11/98 09:14;47
.OOR NAME
OESCRI PTION
REPORT TOTALS;
.
,~
43'
AMOUNT
210,359.12
Schedule 0 Bills
ACCOUNT NAME
RECORDS PRINTED - 000132
---'-",~~,-- -- --.-.--~,,--~-._,--
FUND & ACCOUNT
CITY OF MONTICELLO
GL540R-V05.20 PAGE 7
CLAIM INVOICE PO# FIP ID LINE
BRC FINANCIAL SYSTEM CITY OF MONTICELLO
06/11/98 09;14;50 Schedule of ills GL060S-V05.20 RECAPPAGE
.0 RECAP; GL540R
FUND DESCRI PHON DISBU R EMENTS
---------------~------------
101 GENERAL FUND 30 , 91.11
211 LIBRARY FUND 496,59
213 HRA FUND 243.40
222 SCERG (ECON RECOVERY GRANT) 5,243,96
'1'1') CMIF (CENT MN IN IT FUND) 1,100.21
...."
224 SHADE TREE FUND 966.62
240 CAPITAL PROJECT REVOLVING FD 48.91
436 93-14C WWTP EXPANSION PRJ 53 .459.65
601 WATER FUND 2.709.46
602 SEWER FUND 36 677.21
609 MUNICIPAL LIQUOR FUND 73 526.22
610 TRANSPORTATION FUND 5 395.?8
TOTAL ALL FUNDS 210 359.12
BANK RECAP;
.
NAME
DISBU SEMENTS
----------------------------
GENL GENERAL CHECKING
LIQR LIQUOR CHECKING
136.832.90
73,526.22
TOT AL ALL BANKS
210.359.12
THE PRECEDING LIST OF BILLS PAYABLE WAS RE IEWED AND APPROVED FOR PAYMENT.
DATE ... . . . . . .. . '
APPROVED BY
+ _ . .. . 4 . ~ . . ~ . . . . . oj. . . . . . . .. . . . . . . '" . .
........ ....... "'. ... ..0' ..... "'...
... "'......... ...., ...... .........
.
...
.
.
.
JUN-19-1998 09:41
NAC
612 595 9837 P.B2Y05
City Council Agenda .-6/22/98
(NAC)
A.
R~FERENCE AND BACKGROl)ND:
This report is presented as an update to the Ci Council regarding recent discussions
which staff has had with landoWners in the Sf 'ltget of Trunk Hjghway~ extending to
include the lands which are guided for industrial se west of 90th Street in the OAA. The
Southw$st Area Concept Plan. adopted as an a endment to the City's Comprehens.lve
Plan. included a conceptual alignment for Chel a Road 'Akllch would serve as the major
east-\Wst collector street south of 1-94.
There are a number of different (sometim9S tlng) Interests In this large 8r98. On9
group Includes the owners of businesses adja nt to the TH 25 area. These property
CMI1"IeI"S are cx.'lncemed about the replacement of - kv.<x>d Drive with a new access system
via Sandberg and/or MaMn Road. A second, ro,up includes CM119I'S of pro'perty along
OalMOOd Drive v.1th exposll"e to the freeN8'/. third group includes owners of property
south and west of the existing comm€lfCial areas. These owners are interested in,pursuing
(primarily) residential development. Finally, a f urth group indudes owners 'NeSt of 90th
Street TIli, .group 'NOuld consist largely of ind strial develQpers.
The exact alignment of Chelsea Road is an is uQ for each of thasa groups for different
reasons. The owners to the west are conc.ern .that direct access to the industrial land
remains relatively unimpeded and cost-effecf e. The residential developers want to
ensure low levels of commercial traffic thrpygh t ir.JJTQjects~ while working toward a street
system which will allow residential developm nt In the very near term. The existing
business owners in both groups are concerned a ul restoring access to their businesses
lNhich is equal or superior to that Yttlich is curr ntly supplied by Oakwood Drive.
Overlying this design issue Is the need for development of a land use plan for the
Monticello Orderly Annexation Area. We 'NWld like to be able to develop a plan which is
as detailed as possible to minimize the chance at an annexation prQposal will be turned
away as inconsistent with the plan. On the 0 er hand, we want to retain the maximum
amount of flexibility for these detall~, such as th ,precise Chelsea Road location (north or
south of the cemetery, east or WQSt of the 5t art Hoglund house, etc.). Based on the
location of Chelsea Road, it is anticipated tha the actual land use on ,particular parcels
may vary.
Attached to this report are a few of the corm 1 sketches being discussed with the land
ov.ners in the area. Staff tlelieves that the Co rehenslve Plan amendment was 'Mitten
to allow for enough flexibility to account for a variation similar to one of those attached.
Before proceeding too much farther. we waul like to have the Council's agreement that
our Interpretation of general consistency is erred.
JUN-19-1998 09:42
NAC
612 595 9837 P.04/05
.. ..
.
,
,..
>..
~
.a
lZl
....p::
-8~oo
no'" 4) 0'-1
t=;>0"I
0-'=,...-1
U Cd 0
~5d
ca....~
~<
~
Q)
r:I.:l
-
CIJ
..Q
o
li
..... ~ sf
Jl
e!!
.
;,
1\
~\
\1
\I
1/
,"
V
I
J
I
..... !f J
\
\
\
\
\
\
\
\
,
\
\
\ ~
... \
i=Q \
\
\
,
\
. \
a \
~~ \
'r~ \
I~~.,\
.~"\
\,'
.\
\\
" \ '.
I, ,
'\\
\\
.\ .
\\ J
I
NRC
.......,. ~r
-.--=
o
Ci)
€
.e
1\
tl
r-
I ~.
If!
--' {J J
P.B5/05
..:
"
.~,
.
.
TOTRL P. 05