City Council Agenda Packet 10-12-1998
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AGE DA
REGULAR MEETING - MO TICELLO CITY COUNCIL
Monday,Octobe 12,1998 - 7 p.m.
Mayor: Bill Fair
Council Members: Clint Herbst, Brian Stumpf, oger Carlson, Bruce Thielen
1. Call to order.
2.
A.
Approval of minutes of the specia meeting held September 28, 1998.
B. Approval of minutes of the regul meeting held September 28, 1998.
3. Consideration of adding items to the agen a.
4. Citizens comments/petitions, requests, an complaints.
5. Consent agenda.
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F.
G.
H.
A.
Consideration of resolution declar' g intent to reimburse certain expenditures
from bond proceeds for various im rovement projects.
B.
Consideration of calling for a publ c hearing on vacating right-of-way and
roadway easements at 5 12 Street b tween Walnut and Linn Streets and Locust
Street between 6th and 5 Y2 Streets
Consideration of adopting a resolu ion establishing a negative declaration of
environmental impact--Gold Nugg t Development.
D.
Consideration of approval of the fi al plat and development agreement for the
River Forest residential subdivisio
E.
Consideration of a conditional use ermit for a PUD (planned unit development)
allowing two parcels to be treated s a single residential parcel. Applicant,
Beverly J. Abrahamson.
Consideration of an application for renewal of an interim use permit allowing a
public school use in an I-I zone. A plicant, Monticello Public Schools.
Consideration of authorizing City ngineer to prepare traffic study for 7th Street
intersection at Highway 25.
Consideration of resolution accepti g bids and awarding contract for extension of
utilities to the Wildwood Ridge pIa, Rolling Woods plat, and Hermes property.
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Agenda
Monticello City Council
October 12, 1998
Page 2
6. Consideration of items removed from the onsent agenda for discussion.
7. Consideration of a request for an amendm nt to the PZM Zoning District, or in the
alternative, an amendment to the zoning ap to B-3 from PZM, to allow restaurant use.
Applicant, MMC Land Company.
8. Consideration of a request for final PUD a proval for St. Benedicts Center. Applicant,
JSSH Architects.
9. Consideration of adopting a resolution ap roving finance plan and request ofHRA to call
for sale of bonds.
10. Consideration of a resolution authorizing e sale of 1998 G.O. Improvement Bonds and
1998 G.O. Refunding Bonds.
11. Consideration of new development agree ent with Kjellbergs, Inc., for the sanitary sewer
hookup of Kjellbergs West Mobile Horne ark.
12.
Consideration of approving a counteroffer for purchase of vacant land adjacent to public
works facility.
13. Consideration of establishing minimum st dards for issuance of future on-sale liquor
licenses.
14. Consideration of bills for the first half of
15. Adjournment. .
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MINUT S
SPECIAL MEETING - MONT CELLO CITY COUNCIL
Monday, September 2 ,1998 - 5:30 p.m.
Members Present: Bill Fair, Clint Herbst, Brian St mpf, Roger Carlson, Bruce Thielen
Members Absent: None
A special meeting of the City Council was held for t e purpose of discussing the 1999 municipal
budget and tax levy.
City Administrator Rick Wolfsteller reported that at e previous budget workshop, Council
adopted a preliminary tax levy totaling $4,802,407, hich was $919,394 higher than the 1998
levy. Council directed staff to reduce the $353,000 on-debt portion of the increase by
approximately one-third, which would result in a 6% increase over 1998.
Staff proposed a reduction of $117,682 to a new tota of $4,684,725 by reducing or delaying
purchases in the park and street departments and by i eluding additional revenue from higher
building permit fees, additional homestead credit, an garbage fees. The budget was also
modified to include funding for an additional part-ti e employee in the finance department and a
$35,000 MCP matching contribution.
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Council discussed the budget modifications, and it w s noted that rather than including
additional revenue to reduce the budget, expenditures should be reduced by an additional
$67,000 to reach the 6% increase. It was suggested at the parks department budget could be
reduced by $33,500, using an additional $33,500 fro reserves; or the parks department budget
could be reduced by $67,000, and if budgeted project were completed ahead of schedule,
$33,500 could be taken from reserves for additional p k projects.
Council also discussed the MCP's 1999 request for a ontribution of $42,500 plus an additional
$9,250 to develop a community identity and marketin strategies for Monticello. Mayor Fair
noted that he had expressed concerns to the MCP Bo d that current projects should be
completed prior to beginning another study. Economi Development Director Ollie Koropchak
also noted that the MCP contribution was being taken rom the economic development budget,
which is also used by the HRA for industrial land and arketing. Although she agreed the City
should complete its three-year matching contribution ommitment to the MCP, she requested that
Council support its city commissions during tough bu get years.
Councilmember Herbst also agreed the City should m et its three-year commitment; however, he
disagreed with increasing the contribution at this time. He also noted that he was a member of
the MCP Board when the organization was created an that their original intent was not to
involve the City. He questioned MCP Director Rita U rich as to when the MCP expected to be
self-sustaining. Ms. Ulrich responded that they would refer to see the City levy for MCP
funding, as they felt they were providing a public servi e.
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Special Council Minutes - 9/28/98
It was the consensus ofthe City Council to table a tion on the contribution to the MCP until
review of the revised budget at the next workshop. The next budget workshop was set for
Monday, October 26, 1998, at 5:30 p.m.
There being no further business, the meeting was djourned.
Karen Doty
Deputy City Clerk
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MINU ES
REGULAR MEETING - MON ICELLO CITY COUNCIL
Monday, September 28,1998 - 7 p.m.
Members Present: Bill Fair, Clint Herbst, Brian S umpf, Roger Carlson, Bruce Thielen
Members Absent: None
2.
Council member Roger Carlson requested th t the motion for item # 15 be changed to
show that he abstained from the vote.
A MOTION WAS MADE BY BRIAN STUMP AND SECONDED BY BRUCE THIELEN TO
APPROVE THE MINUTES OF THE REGUL R MEETING HELD SEPTEMBER 14, 1998,
AS AMENDED. Motion carried unanimous I .
3. Consideration of adding items to the agenda
A.
Rusty Fifield of Ehlers & Associates eported that citizens circulated and
submitted to the City Administrator d County Auditor a petition asking the
State Auditor to investigate the com unity center financing. However, the State
Auditor cannot receive the petition fo 30 days pending verification of names on
the petition. Waiting for completion fthis process would result in winter
ground-breaking, which could increas costs by 5% (approximately $400,000)
due to lowered municipal bond rates r an increased interest rate. It was,
therefore, suggested that the City ado t a resolution initiating the audit
immediately in order to maintain the construction time table and preserve the
current interest rate.
AFTER DISCUSSION, A MOTION W A
SECONDED BY CLINT HERBST TO
EXAMINA TION OF COMMUNITY CE
THE STATE AUDITOR. Motion carrie
SEE RESOLUTION 98-40.
MADE BY BRUCE THIELEN AND
OPT THE RESOLUTION REQUESTING
TER FINANCING BY THE OFFICE OF
unanimously.
4.
None.
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5.
Consent agenda.
Council Minutes - 9/28/98
City staff recommended that item 5C be removed from the consent agenda for discussion.
A. Con iderati n fa
Recommendation: Appoint the following residents as additional election judges
for the 1998 General Election:
Sandy Suchy
Mary Daniels
Elaine Nelson
Nicole Shepperson (traine judge)
B.
c.
D.
A MOTION WAS MADE BY BRUCE THIE EN AND SECONDED BY ROGER CARLSON
TO APPROVE ITEMS 5A, 5B, AND 50 OF HE CONSENT AGENDA AS
RECOMMENDED. Motion carried unanim usly.
6. Consi
5C.
Public Works Director John Simola reported that the plans and specifications for
the Hillside Cemetery fencing, incl ding three 15-ft gates, were based on three
basic concepts: I) solid wrought ir with tubular square steel posts with an
option for galvanizing prior to paint ng; 2) tubular square steel fencing and posts,
galvanized and painted; and 3) alum nUID tubular square steel fencing and posts,
painted.
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Council Minutes - 9/28/98
Bids were received on September 2 , 1998, with the lowest bid from Town &
Country Fence of Brooklyn Park fo aluminum fencing without decorative finials
for a total of $48,227. Additional ids were received for wrought iron fencing
without finials for $55,930.58 and aluminum fence with brass decorative
finials for $59,155.51.
AFTER DISCUSSION, A MOTION AS MADE BY BRUCE THIELEN AND
SECONDED BY BRIAN STUMPF T A WARD THE HILLSIDE CEMETERY
ORNAMENTAL FENCING PROJEC TO TOWN & COUNTRY FENCE BASED
UPON THEIR PROPOSAL FOR AL MINUM FENCING AT A LUMP SUM COST
OF $48,227. Motion carried unanim usly.
7.
ecifications nd
City Engineer Bret Weiss reported that the roposed project includes extension of
sanitary sewer, water main, and storm sewe improvements for the Wildwood Ridge
subdivision and would also serve the Ralph Hermes property and the proposed Rolling
Woods subdivision. According to the deve opment agreement, the Wildwood Ridge
developer would pay at least one-third of al costs identified; however, the Hermes and
Rolling Woods parcels would not be assess d for their portion of the cost until they were
annexed to the city.
Council discussed interest accrual for the pr perties not assessed at this time. City
Attorney Dennis Dalen noted that the City c ot charge more than the actual cost of the
project; however, he would research whethe the City can assess the interest amount paid
by the City prior to annexation.
Mayor Fair opened the public hearing.
Ralph Hermes stated that he still has a contr ct with Orrin Thompson Homes for purchase
of his property but did not know what their i tent was at this time. He requested that the
City provide him with a statement in writin that his property would not be assessed at
this time and what the future assessment wo ld include.
There being no further public comment, the ayor closed the public hearing.
A MOTION WAS MADE BY BRIAN STUMP AND SECONDED BY ROGER CARLSON
TO ADOPT A RESOLUTION APPROVING PANS AND SPECIFICATIONS AND
AUTHORIZING ADVERTISEMENT FOR BI S FOR EXTENSION OF UTILITIES TO THE
WILDWOOD RIDGE SUBDIVISION. Motio carried unanimously.
SEE RESOLUTION 98-42.
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Council Minutes - 9/28/98
8.
an
City Administrator Rick Wolfsteller reporte that at the previous meeting, Arve and Jean
Grimsmo offered $450,000 for the purchase of city hall and all City-owned parcels within
the same block, to which the Council then ade a counteroffer of$477,500. Following
that Council meeting, Mr. Bob Mosford ex essed an interest in finding a suitable site for
construction of an office/professional buildi g and inquired as to whether the lots on
Third Street were for sale and what the City s asking price might be. Once Mr. Grimsmo
rejected the City's counter proposal and pre ented an additional counteroffer of$463,250,
Mr. Mosford was notified that the City's co nteroffer had been rejected. As a result,
Mr. Mosford presented a purchase agreeme t for the two lots on Third Street for a price
of $62,000.
Deputy City Administrator Jeff O'Neill add. d that Arve Grimsmo has indicated that he
would be willing to purchase the city hall pr perty without the lots on Third Street for
$400,000.
AFTER DISCUSSION, A MOTION WAS MA E BY CLINT HERBST AND SECONDED BY
BRIAN STUMPF TO ACCEPT BOB MOSFO 's OFFER OF $62,000 FOR THE TWO LOTS
ON THIRD STREET CONTINGENT ON THE COMMUNITY CENTER PROJECT MOVING
FORWARD. Motion carried unanimously.
A MOTION WAS MADE BY BRUCE THIEL N AND SECONDED BY BILL FAIR TO
OFFER THE CITY HALL PROPERTY FOR S LE TO ARVE GRIMSMO AT A PRICE OF
$400,000 CONTINGENT ON THE COMMUN TY CENTER PROJECT MOVING FORWARD.
V oting in favor: Bruce Thielen, Bill Fair, B ian Stumpf. Opposed: Clint Herbst.
Abstaining: Roger Carlson. Motion carried
9.
Review of bi
consideration of award
Public Works Director John Simola reporte that the plans and specifications for the fire
hall parking lot improvements did not inclu e additional lighting or outside outlet as
requested by the fire department; therefore, ity staff is working with NSP and local
electrical contractors to complete this portio of the work. In addition, the extension and
relocation of the sprinkler system would be erformed by City personnel.
Three bids were received at 10 a.m., with th lowest bidder being Bauerly Brothers of
Sauk Rapids, MN, in the amount of$35,611 20. Although the prices were somewhat
higher than anticipated, which was felt to be partly due to the time of year and having to
wait for the sewer realignment project to be ubstantially completed prior to completing
the east portion of the fire hall parking lot, t e City Engineer recommended that the
project be awarded to Bauerly Brothers.
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Council Minutes - 9/28/98
A MOTION WAS MADE BY BRUCE THIEL N AND SECONDED BY CLINT HERBST TO
ACCEPT THE BIDS AND A WARD THE CO TRACT FOR FIRE HALL PARKING LOT
IMPROVEMENTS TO BAUERL Y BROTHE S IN THE AMOUNT OF $35,611.20. Motion
carried unanimously.
10.
C nsideration of rovin
community center site.
City Attorney Dennis Dalen reported that 0 e ofthe major issues regarding purchase of
the Burlington Northern property was mort ages; however, Burlington Northern agreed
to indemnify the City, which the title comp y indicated that they would accept. The
purchase agreement also states that the Rail oad would give the City a quit claim deed but
would not give any evidence of title. If the ity chose to assure itself of title, Wright
Title Guaranty Company indicated that a $9.5 million policy would cost $8,950 plus a
$125 fee per parcel for title search. The titl company also advised that the National
Guard be named as an additional insured. ith regard to environmental issues, because
the summary ofthe soils report indicated th re was no major problem, the City Attorney
recommended that the City purchase the pr perty rather than acquire it through
condemnation since it would be less expens ve.
AFTER DISCUSSION, A MOTION WAS MA
BY ROGER CARLSON TO APPROVE THE
BURLINGTON NORTHERN, INCLUDING T
unanimously.
E BY BRUCE THIELEN AND SECONDED
RCHASE AGREEMENT WITH
E ADDENDUM. Motion carried
11. Consid r tion to discu d authorization t
located at 225 Front Street.
Economic Development Director Ollie Kor pchak reported that the HRA elected not to
accept the counteroffer of $1 79,500 for purc ase of property located at 225 Front Street
due to high price and lack of funds. At its S ptember 17 meeting, the Parks Commission
indicated it is interested in purchasing river roperty; however, due to lack of funds, they
recommended that the HRA and/or City con inue the process of purchasing the property.
Koropchak suggested that Council could als consider budgeting in the future for
purchase of river property or present a right f first refusal to the owners.
AFTER DISCUSSION, A MOTION WAS MA E BY BRUCE THIELEN AND SECONDED
BY CLINT HERBST TO OFFER THE OWNE S OF 225 FRONT STREET $500 FOR THE
RIGHT OF FIRST REFUSAL. IF THE OF FE IS NOT ACCEPTED, STAFF WAS
DIRECTED TO RETURN THE ITEM TO THE CITY COUNCIL. Motion carried
unanimously.
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Council Minutes - 9/28/98
12.
Considera i
facility.
City Administrator Rick Wolfsteller reporte that Tom Brennan of Edina Realty inquired
as to whether the City was interested in purc asing a vacant I-acre parcel adjacent to the
City's lA-acre parcel on County Road 39 W st, which is across the street from the public
works facility. The current asking price is $ 5,000; however, the real estate agent
indicated the estate would consider offers.
AFTER DISCUSSION, A MOTION WAS MA E BY BRIAN STUMPF AND SECONDED BY
CLINT HERBST TO OFFER $45,000 FOR TH VACANT LOT ON WEST COUNTY
ROAD 39. Motion carried unanimously.
13. Consideratio f urchase of 4 acres on t
park pm:poses.
Public Works Director John Simola reporte that at the September 14 Council meeting,
staff was directed to negotiate the possible p chase of 4 acres from Kenny Schultz on the
Monte Club hill near the City's water tower or park land. This property would create a
centralized park for the area, and the Parks ommission recommended unanimously that
the City purchase the property. Mr. Schultz 'ndicated the minimum purchase price for the
property would be $16,500 per acre for a tot I of $66,000 for the 4 acres, with payments
spread out over a mutually-agreed period of ime. The purchase would be funded from
park dedication funds from River Forest and Wildwood Ridge, with the balance coming
from reserves until such time they are replac d with future dedication funds.
Councilmember Clint Herbst stated that he lt this property was better suited for
development of houses and that there was al eady an enormous amount of park land in
the city. Councilmember Bruce Thielen res onded that the City may never have the
opportunity to obtain this type of land again and that it should be preserved for future
generations. In addition, a major portion of he cost could be funded immediately
through park dedication fees obtained from ecent developments. Councilmember
Carlson added that when researched in the pst, Monticello's amount of park land was
not excessive and was comparable to the nat onal standards.
AFTER DISCUSSION, A MOTION WAS MA E BY BRUCE THIELEN AND SECONDED
BY BILL FAIR TO PURCHASE 4 ACRES FR M MR. SCHULTZ FOR $66,000 USING
PARK DEDICATION FUNDS AND RESERV FUNDS UNTIL REPLACED WITH FUTURE
PARK DEDlCA TlON FEES. Voting in favor Bruce Thielen, Bill Fair, Roger Carlson.
Opposed: Clint Herbst, Brian Stumpf. Mot on carried.
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15.
Council Minutes - 9/28/98
14.
At the July27 meeting, the City Council ap roved changes to the garbage and recycling
program whereby the City would no longer track recyclables, provide free recycling
services to all residential property, and begi charging commercial residential property,
such as apartment buildings 4-plex and abo e and mobile home parks, for garbage
services. Staff established the following rat s for garbage collection effective January 1,
1999:
Per unit per month
Apartment Units:
4-plex & above (incl taxes)
$6.85
Mobile Home Parks:
60-gallon roll-around cart (i cl taxes)
90-gallon roll-around cart (i cl taxes)
$6.94
$8.43
The proposed ordinance would maintain or anized collection and continue to provide
recycling service free for all residential pro erty.
A MOTION WAS MADE BY BRIAN STUM F AND SECONDED BY BRUCE THIELEN TO
APPROVE THE ORDINANCE AMENDMEN PERTAINING TO GARBAGE/REFUSE
SERVICE RATES; SETTHERATESBEGI INGJANUARY I, 1999, FOR COMMERCIAL
RESIDENTIAL PROPERTY AS FOLLOWS:
PER UNIT
PER MONTH
APARTMENT UNITS:
4-PLEX & ABOVE (INCL TAX S) $6.85
Review of r I for the delive
Park and award of contract.
MOBILE HOME PARKS:
60-GALLON ROLL-AROUN CART (INCL TAXES) $6.94
90-GALLON ROLL-AROUN CART (INCL TAXES) $8.43
AND APPROVE THE NEW RECYCLING PO ICY AS DRAFTED. Motion carried
unanimously. SEE ORDINANCE AMEN MENT NO. 317.
la round unit for Elli n
City Administrator Rick Wolfsteller reporte that he was concerned about the
recommendation from the Parks Commissio to purchase playground equipment from a
company that did not submit the lowest bid. Since there was a question as to whether the
specifications were adequate to allow makin a determination that the lowest bid didn't
meet the specifications, the City Administra or requested that the City Attorney give his
opmlOn.
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Council Minutes - 9/28/98
Park Superintendent Greg Engle explained t at the criteria used for selection of the
playground unit was that the structure must oordinate with the park theme of water or
river as well as the existing park's surroundi g environment. Four proposals were
received on September 22 for delivery and i stallation of a new playground unit for
Ellison Park. Although Bob Klein & Assoc ates submitted the lowest proposal at
$30,031.15, the Parks Commission and Par Superintendent recommended contracting
with Minnesota Wisconsin Playground, Inc. whose bid amount was $35,000 for Game
Time equipment. This unit was preferred fo its unique ship design, appearance, and
proven method of installation of the fiber sy tern with drainage barriers. The design
from the low bidder was not favored due to high tower that would take away from the
appearance of the nearby log shelter, it didn t appear to have the creativity for the
younger age group of2-5 years, and the pro osal didn't include a clear description of the
installation of the play surface.
City Attorney Dennis Dalen stated that the t 0 issues that needed to be determined were
bid responsive to the specifications and resp nsible bidder. If the materials bid varied
from the specifications, the bid can be reject d. If not, the Council can either accept the
low bid or reject all bids, amend the specific, tions, and rebid the project. Since it was
difficult to determine that there was a materi 1 variance, the City Attorney recommended
that the Council reject the bids and rewrite t e specifications. However, the Park
Superintendent noted that he preferred to co plete the project within the 1998 budget.
AFTER DISCUSSION, A MOTION WAS MA E BY CLINT HERBST AND SECONDED BY
BRIAN STUMPF TO ACCEPT THE BIDS AN A WARD THE CONTRACT TO THE LOW
BIDDER, BOB KLEIN & ASSOCIATES, IN T E AMOUNT OF $30,031.15. Motion carried
unanimously.
16.
Consideration of bills for the last half of Se
r.
A MOTION WAS MADE BY ROGER CARLS N AND SECONDED BY CLINT HERBST TO
APPROVE THE BILLS FOR THE LAST HAL OF SEPTEMBER AS PRESENTED. Motion
carried unanimously.
A MOTION WAS MADE BY BRUCE THIELEN AN SECONDED BY BRIAN STUMPF TO
ADJOURN. Motion carried unanimously.
Karen Doty
Deputy City Clerk
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SA.
Council Agenda - 10/12/98
enditures fr m
A.
(R.W.)
IRS regulations now require that before a ci y can issue bonds to reimburse itself for
expenses it has already paid through a bond sale, a resolution needs to be passed
indicating which projects the city willlikel sell bonds for in the future. This resolution
is simply a technical requirement required b the bond counsel. The resolution being
proposed covers various improvement proje ts that are currently underway or will be
started in the near future. This resolution w 11 actually be needed for an upcoming agenda
concerning a recommendation for calling fo the sale of public improvement bonds.
B. ALTERNATIVE ACTIONS:
1. Adopt a resolution declaring intent t reimburse expenditures to the proceeds of a
bond covering the various projects 0 tlined.
2. Do not authorize the resolution.
c.
STAFF RECOMMENDATION:
It is the recommendation of the Administrat r that the resolution be adopted as proposed,
thus enabling the City to sell bonds to finan e the various improvement projects listed.
D. SUPPORTING DATA:
Copy of resolution.
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RESOLUTION DECLARING THE OFFICIAL INTENT OF THE
CITY OF MONTICELL TO REIMBURSE
CERTAIN EXPENDITURES ROM THE PROCEEDS
OF BONDS TO BE ISS ED BY THE CITY
WHEREAS, the Internal Revenue Service has issue Treas. Reg. S 1.150-2 providing that
proceeds of tax-exempt bonds used to reimburse pri r expenditures will not be deemed spent
unless certain requirements are met; and
WHEREAS, the City expects to incur certain expen itures which may be financed temporarily
from sources other than bonds, and reimbursed fro the proceeds of a bond;
NOW, THEREFORE, BE IT RESOLVED BY TH CITY COUNCIL OF THE CITY OF
MONTICELLO (THE "CITY") AS FOLLOWS:
1. The City reasonably intends to make expend tures for the projects described in Exhibit A
(the "Projects"), and reasonably intends to re mburse itself for such expenditures from the
proceeds of debt to be issued by the City in t e maximum principal amount described in
Exhibit A.
2.
The City Administrator is authorized to desi nate appropriate additions to Exhibit A in
circumstances where time is of the essence, d any such designation shall be reported to
the Council at the earliest practicable date an shall be filed with the official books and
records of the City as provided in Section 3.
3. This resolution is intended to constitute a de laration of official intent for purposes of
Treas. Reg. S 1.150-2 and any successor law, regulation, or ruling.
Adopted by the City Council of the City this 12th da of October, 1998.
ATTEST:
City Administrator
ayor
511-1
Resolution 98-
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EXHI IT A
TO OFFICIAL INT NT RESOLUTION
ADOPTED OCT BER 12, 1998
10/12/98
10/12/98
10/12/98
10/12/98
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10/12/98
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Resurrection ChurchlMethodist Chur h sanitary sewer
extension; Project 98-01 C
7th Street extension, including utiliti s and appurtenant work
from Washington Street; Project 98-12C
Trunk Highway 25 Improvement Pro ect, including utilities and
appurtenant work; Project 96-04C
Fire Hall Parking Lot improvements; roject 98-09C
Sanitary sewer and water crossings al ng County Road 118 to
service Wildwood Ridge developmen ; Project 98-23C
$1,072,900
$1,725,700
$39,500
$139,000
SE water booster pump and appurten nt work to service
Wildwood Ridge development and ad"acent areas;
Project 98-24C
$260,000
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Council Agenda - 10/12/98
A.
City Council is asked to consider calling for a public hearing on vacating of right-of-way
and roadway easements in the area ofthe co munity center site. As you know, much of
the building will be located over existing ro dways or roadway easements. As a matter of
housekeeping, the City should take action t vacate these roadway and roadway easement
areas. The precise areas affected will be pr vided at the public hearing, which is
scheduled for November 9, 1998.
B. ALTERNATIVE ACTIONS:
1. Motion to call for a public hearing 0 November 9, 1998, on vacating of right-of-
way and roadway easements at 5 12 treet between Walnut and Linn Streets and
Locust Street between 6th & 5 Y2 Str ets in conjunction with development of the
community center.
2.
Motion to deny calling for a public h aring.
C. STAFF RECOMMENDATION:
The City Administrator recommends altema ive #1.
D. SUPPORTING DATA:
None.
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A. REFERENCE AND BACK
Council Agenda - 10/12/98
n of
This is the last step in the Environmental ssessment Worksheet process. A description
of the development via the EA W has been submitted to State Agencies and the public via
the Environmental Quality Board for the p rpose of seeking input. None of the agencies
contacted have submitted questions during this comment period. However, City staff has
some questions that need to be addressed r lating to sanitary sewer line capacity. City
Council is asked to consider making a neg tive declaration of impact relating to the Gold
Nugget development. A negative declarati n of impact eliminates the need to prepare an
Environmental Impact Statement.
City staff is concerned about the potential ost associated with upgrading downstream
systems that may be precipitated by develo ment oflater phases of the Gold Nugget
development. We want to make sure that nk fee charges fairly reflect the cost to
develop this area and that we account for t ese costs with our trunk fee collection
program. We need to know when the upgr des will be necessary and what they will cost.
An important future step on development 0 this area is study of sanitary sewer upgrade
costs and development of a corresponding harge.
As a separate but important item, there has een some discussion at the MOAA of
planning for industrial development in the old Nugget area. This discussion has arisen
out of the process of development of an M AA land use plan. The neighborhoods in the
township along West County Road 39 (Pon erosa) and the Devron Greens residents are
concerned about industrial areas as propose under the City's comprehensive plan. In
response to this concern, the MOAA is cUff ntly looking at all options for development
of industrial land, including the Gold Nugg t area. If the MOAA points to the Gold
Nugget area for industrial development, the the City would have to amend its
comprehensive plan accordingly. Given the stage of residential development of the Gold
Nugget project (concept PUD approval), it ould be possible to change the land use
designation. However, according to Bret W iss, years ago when our sanitary sewer
system was under development, it was desig ed to accommodate residential development
and not industrial development.
B. ALTERNATIVE ACTIONS:
1.
Motion establishing a negative decl ation of environmental impact resulting from
the Gold Nugget development. Mot on to include preparation of a sanitary sewer
study identifying upgrade costs and D e program necessary to support ultimate
development of the site and adjoinin areas.
3
Council Agenda - 10/12/98
.
Under this alternative, an Environ ental Impact Study is not needed and the
project can proceed to the platting tage. Given the uncertainty with regard to the
MOAA land use plan, it is possible that this project time line will be affected by
the process of identifying land uses in the MOAA area.
2.
Motion denying establishment of a egative declaration of environmental impact
resulting from the Gold Nugget De elopment.
This alternative should be selected . f Council believes that an Environmental
Impact Statement is needed.
C. STAFF RECOMMENDATION:
The City Administrator recommends altern tive # 1.
D. SUPPORTING DATA:
Information from WSB; Letter from Public Works Director John Simola regarding
sanitary sewer line capacity.
.
.
4
OCT-09-1998 09:27
WSB & ASSOCIATES IN .
6125411700 P. 02/10
.
350 Westwood Lake Office
8441 Wayza BOUlevard
Minneapolis MN 55426
612-541 4800
FAX 54 -1700
BoA Miccelstc::ldt, P.E.
Bret A. Weiss, P.E.
Peter R. Willenbring. P.E.
Don.a.ld W. Sferra., P.E.
Ron;Jd B. Beay, F.E.
October 9, 1998
Mr. Jeff O'Neill
City of Monticello
PO Box 1147
Monticello, MN 55362
Re: Environmental Assessment Worksheet for Go d Nugget Residential Development
WSB Project No. 1010.89
Dear Jeff:
Enclosed, please fInd copies of the Findings of Fact d Responses to Comments generated by the
Gold Nugget Residential Development EAW process Also attached is WSB's recommendation
regarding the negative need for an EIS.
.
Attached to this document is a letter from the City to Jo Larsen at the Environmental Quality Board
(EQB) regarding the Negative Declaration of Need for EIS. This letter can be copied onto City
letterhead, signed, and sent to the EQB once the Co ciI has made an official recommendation
regarding an EIS for Gold Nugget Residential Develo ment.
If you have any questions or comments, please do not esitate to contact me at 541-4800.
Sincerely,
WSB &- Associatesl Inc.
~il~~~
Vice President
Attachments
.
c.
Bret Weiss, WSB & Associates
am
s-"C -' I
Infrastruaure Engine Planners
EQU./U. OPPORTl./lIIIlY E OYER.
I':l....",NI/fUMN_...
OCT-09-1998 10:33
WSB & ASSOCIATES INC
.
..
WSB
~
es Associates, Inc.
612~541 ~ 800
FAX 541- 700
6125411?k:l1d P.kJ~/1d2
350 Westwood ke Office
8441 Wayzata oulevard
Minneapolis, N 55426
BoA Mirrelucadt, P.E.
Bn::tA. Weiss. P.E.
Peter R. Willenbring. F.E.
Don3.ld W. Sterna, P.E.
Roo:lld B. Bray, P.E.
October 9, 1998
Monticello City Council
PO Box 1147
Monticello, MN 55362
Re: Statement of negative need for an ElS for Gold Nugget Residential Development
WSB Project 1010.89
Dear Monticello City Council:
The public comment period forme Gold NuggctResidenti I DcvelopmentEnvironmental Assessment
Worksheet(EA W)endcdWednesday, October 7, 1998. esponses to comments and Findings ofFact
have been prepared. From this process, we conclude tha this project does not have the potential for
significant environmentaJ impacts. Therefore, we reeo end the City Council issue a negative
declaration of need for an Environmental Impact Statem nt (EIS) for the Gold Nugget Residential
Development.
.
Sincerely,
~~~,I~
~ ~~~~
Peter R. Willenbring, P.E. \
Vice President
c;
Jeff O'Neill, City of Monticello
Bret Weiss, WSB & Associates
.
~c ,GL
Infrastructure Engineer. Planners
p, ,,,, rnMl~I~.1l9l1(J(J/J9"" WPD
TOTAL P.02
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OCT-09-1998 09:28
WSB & ASSOCIATES IN .
.
WSB
~ .-
& Associates, Inc.
6125411 700 P. 04/10
350 Westwood aka Office
8441 Wayzat Boulevard
Minneapolis MN 55426
612-541 4800
FAX 54 -1700
B.A. MicreUtadt, P.E.
Bitt A. Wew. P.E.
Peru R. Willenbring, P.E.
Donald W. Stctlla, P.E.
Ronald B. Bray. P.E.
To:
Memorandum
Thomas BlIlcom, Minnesota Dep nt o/Natural Resources
John Simola. Public Works Director City a/Monticello
Historical Society - State Historic ervation Office
From:
Jeff O'Neill, City ofMonticeUo
Peter R W'rIlenbring, WSB & Assoc;
Date:
October 9, 1998
Re:
Responses to comments received as p t of the EA W process for Gold Nugget
Residential Development
WSB Project No. 1010.89
Enclosed, please fmd responses to comments receive as part of the EA W process for the Gold
Nugget Residential Development in Monticello, MN. omments were received from the Minnesota
Department of Natural Resources, the Historical Socie y, and from the Public Works Director from
the City of Monticello. The Historical Society and the NR stated that they were of the opinion that
an EIS was not needed.
Comment
Department of Natural Resources. If ewatering is needed during the construction
of this development, a DNR Waters Pe it will be required. Please contact Larry
Kramka, DN&. Division of Waters, 414 Thielman Lane, Suite 203. St. Cloud, MN
56301, (320)255-2976.
Response
A dewatering permit will be obtained pri r to construction of the project, if required.
Comment
City of MODticello. [l]n regard to Secti n 13, Water Use, Paragraph 3, Section 3:
The City of Monticello will need to ma improvements to its water system in the
form of a fifth well. As Public Works irector I know that the fifth well will also
involve the building of an additional WI tower, and possibly a wellhead protection
program as outlined by the DNR. How does this development impact the need to
construct these improvements?
[I]n regard to Section 19, Water Quality. Section C: Improvements will need to he
made to the sanitary sewer trunk lines i order to accommodate this development.
What improvements are necessary to the own stream sanitaIy lines, trunk lines, and
lift stations?
(;e ." 3>
Infrastructure Engin Planners
~QUAL OPJ'ORTUNI1Y MPLOYER,
F:\ WPWIN\I 01 O.89\;OIIlIIlelll.ll\emo
ULI-~~-l~~~ 1~:03
.
.
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WSB & ASSOCIATES INC.
61:':::::'4 11 'ii<J>d f-' .ld~/ld~
October 9, 1998
Page 2
Response
I am concerned that without additional tudy the effects of this development on the
community's infrastructure system call d burden the existing tax payers if the cost to
construct the water and sewer improve ents are significantly greater than the return
from the projected developments. Are e improvements economically feasible to
match the time table of development?
There are no knovm additional Invito ental impacts associated with the proposed
addition ofa well and the improvements the sanitary SeWer system to accommodate
the construction of this project. The is ue of which improvements will need to be
made and what burden this will have on taxpayers needs to be resolved by the City
Staff and Planning Commission.
'i~-JJ
1;:\ W'.PW1NI10l O.lIg\~llmm..rll.rn'IIl()
TOTAL P. 02
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OCT-09-1998 09:28
WSB & ASSOCIATES IN .
6125411700 P.06/10
CITY OF MO ICELLO
In the matter of the Decision on the
Need for an Environmental Impact
Statement (EIS) for the Proposed
Gold Nugget Residential
Development, Monticello, MN.
FINDINGS OF FACT
AND CONCLUSIONS
The Gold Nugget Development Company proposes 0 construct a residential development on 220
acres of land east of Trunk Highway 25 (TH25), no of County Road 106, west of Edmonson
Avenue. and south of the Section 22 and 23 section r e. Pursuantto Minn. R. 4410.4300, subp. 14,
A2 and subp. 22A, the City of Monticello has prep ed an Environmental Assessment Worksheet
(EA W) for this proposed project. As to the need for an vironmcntallmpact Statement (BIS) on the
project and based on the record in this matter, inclu . g the EA Wand comments received, the City
of Monticello makes the following Findings of Fact d Conclusions:
L PROJECT DESCRIPTION
A.
Project
The project proposes the construction fa residential development on 220 acres of
land located east of Trunk Highway 25 (TH25). north of County Road 106, west of
Edmonson Avenue. and south of the ection 22 and 23 section line. This project
in volves the construction of3 3 9 single fl ily detached Wli1s, 236 townhome units, 22
acres of City park, and 5 acres of co erciaJ/retail development.
B.
Project Site
The proposed project is within a 220 ac e area immediately east of Trunk Highway
25 (TH2S). north of County Road 106, est of Edmonson Avenue, and south of the
Section 22 and 23 section line. Curren y, this site is an agricultural area.
n. PROJECT HISTORY
A. The project was subject to the mandatory preparation of aEA W under Minnesota R.
4410.4300. subp. 19D.
B. An EA W was prepared on the proposed p ~ect and distributed to the Environmental
Quality Board (EQB) mailing list and 0 er interested parties on August 31, 1998.
c.
A press release containing the notice of vailability of the EA W for public review
was provided to media serving the proje area on August 28, 1998.
s"c-Er
p, III'P WlNIJDIIJ.II9'FOF. Wl'D
OCT-09-1998 09:28
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WSB & ASSOCIATES IN .
6125411700 P.07/10
D.
The EA W was noticed in the Septemb 7, 1998 EQB Monitor. The public comment
period ended on October 7, 1998. Com ent letters were recei ved from the Department
of Natural Resources, the Minnesota istorical Society, and the City of Monticello.
Copies of the letters are hereby in Iporated by reference. Responses to the
comments are also incorporated by re erence.
Ill.
POTENTIAL FOR SIGNIFICANT
CRllERIA FOR DETERMJNING
ENVIRONMENTAL EFFECTS
MinnesotaR.441 0.1700, subp. 1 states that "an EIS shall be ordered far projects that have the
potential far significant environmental effects. " deciding whether a praj ecthas the potential
farsignificant environmental effects, the City onticeIlo must consider the fourfactors set
out in MinnesotaR4410. 1700, subp. 7. Withr peet to each of these factors, the City finds
as follows:
A. TYPE, EXTENT, AND REVER.Sm ITY OF ENVIRONMENTAL EFFECTS
The first factor that the City of Mo ticello must consider is "type, extent and
reversibilityofenvironmental effects;' innesotaR44 10. 1700, subp. 7.A. The City
afMonticello fIndings with respect to h of these issues are set forth below.
1.
The type of environmental imp ts anticipated as pan of this project include:
a. an increased storm ater runoff'volume and runoff pollutants
b. incrcased water use
c. increased wastewat discharge
d. increased noise due 0 traffic within the area
e. impactS due to the p tcntial road connections to TH25
These impacts will be mitigate through the pennitting and plan approval
processes.
2. The extent and reversibiIity of en . ronmental impacts are consistent with those
of commercial development.
B. CUMULATIVE POTENTIAL EFFE TS OF RELATED OR ANTICIPATED
FUTURE PROJECTS
The second fadDr that the City of Mo ticelIo must consider is <<the cumulative
potential effects of related or anticipated future projects", Minnesota R.441 0.1700.
supb. 7.B. The City's findings with resp ct to this factor are set forth below.
1.
The construction of the Gold N gget Residential Development will be in
phases. The first phase will ine ude the construction of 55 single family
detached units by the year 2000 th the project being completed by the year
2009. The impacts associated ith these phases have been adequately
addressed by the EA W process.
S-e-~
1>,"lI1' 117MJIUASW't)P. M'D
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OCT-09-1998 09:29
WSB & ASSOCIATES IN .
c.
6125411700 P.08/10
THE EXTENT TO WHICH ENVl& NMENT AL EFFECTS ARE SUBJECT TO
MITIGATION BY ONGOING PUB Ie REGULATORY AUTHORITY
1. The following permits or app ovals will be required for the project:
cnt
MPCA
MPCA
MNDOT
MN Dept. of Health
Local:
City of Monticello
City of Monticello
City ofMontice110
Dewatering permit
NPDES Permit; General Stormwater
Permit
Permit Fee for Sewer Extension
TH2S connections
Water Extension System
Grading and platting plan
Building Penn it
Annexation
2. The City of Monticello finds th t the potential environmental affects of the
project are subj ect to mitigation yongoing regulatory authorities such that an I
EIS need not be prepared.
D. TIrE EXTENT TO WIDCH E ONMENTAL EFFECTS CAN BE
ANTICIPATED AND CONTROL ED AS A RESULT OF OTHER
ENVIRONMENTAL STUDIES UND T AKENBYPUBLICAGENCIES OR 1HE
PROJECT PROPOSER, OR OF EISs P VIOUSL Y PREPARED ON SIMILAR
PROJECTS.
The fourth factor that the City of Monti eJlo must consider is "the extent to which
environmental effects can be anticip d and controlled as a result of other
environmental studies undertaken by pu lic agencies or the project proposer, or of
ETSs previously prepared on similar proj cts," Minnesota R4700. 1 700, subp. 7.D.
The City's findings with respect to this actor are set forth below:
The environmental impacts of the pro sed project have been addressed in the
following plans prepared by the City:
1.
2.
City of Monticello Comp ehensive Plan
City ofMonticello Compr hensive Water Resource Managem ent Plan
( draft)
City of Monticello Com ehensive Sanitary Sewer Plan .
City of Monticello TIlIllSp nation Plan C" e ."."
3.
4.
r.\W'PWIN\.tO IO.lI~FOI'. WPO
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OCT-09-1998 09:29
WSB & ASSOCIATES NC.
6125411700 P.09/10
The City fmds that the environme tal effects of the project can be anticipated and
controlled as a result of the environ ental review, planning, and pennitting processes.
CONCL
1. The EA W, the permit development proe 5, and comments received on the EA W have
generated wonnation adequate to detennin whether the proposed facility has the potential
for significant environmental effects.
2. Areas where the potential for significant en ironmental effects may have existed have been
identified and appropriate mitigative measur s have been incorporated into the project design
and pennits. The Gold Nugget Residential evelopment is expected to comply with all the
City of Monticello standards and review ag ney standards.
3. Based on the criteria established in Minnes ta R4410. I 700, the project does not have the
potential for significant environmental effe .
4. An Environmentallmpact Statement is notequired.
5. Any findings that might properly be terme conclusions and any conclusions that might
properly be termed findings are hereby adop d as such by the Monticello City Council.
~e .... It
1':\wPWIN\JO I O.i9.fT)F. W1'.o
OCT-09-1998 09:29
WSB & RSSOCIRTES I C.
6125411700 P.10/10
.
October 12, ] 998
Mr. John Larsen
Environmental Quality Board
300 Centennial Office Building
658 Cedar Street
St. Paul, MN 55155
Re: Statement of negative need for an EIS for Gol Nugget Residential Development
WSB .Project 10101.89
Dear John:
.
Tbepublic comment periadfarthe Gold NuggetResiden a1DevelapmentEnvironmental Assessment
Warksheet(EA W) ended Wednesday, October7, 1998. Responses to comments andFinding:; ofFaet
have been preplUOd and are attached. From this proees We conclude that this project does not have
the potential for significant environmental affects. herefore, the City has issued a Negative
Declaration afNeed far an Environmental Impact Star ent (EIS) for the Gold Nugget Residential
Development.
Sincerely,
Jeff O'Neill
Deputy Administrator
City of Monticello
~c.."
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TOTRL P.10
I UCT-
7-98 WED 3:56 PM
PUBLIC WORKS
~
.... ' "J.
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W
MONTICELLO
October S, 1998
Mr. Pete Willenbring, Vice President Water Resources
WSB & ASSOCJA TES, INC.
8441 Wayzata Boulevard~ Suite 350
Minneapolis, MN 55426
FAX NO,
16122713272
C opj .tD :
1<J'cl: v(.
J'~{( () ~
P. 1/ 1
Re: Public Comments, Enlllronnumtnl Assessme/1t orks/leetfor Goltl Nugget DevelojJment, Inc.
Dear Me Willenbring:
As Public Works Director for the City of Monticello, I hav two comments in regard to sanitary sewer and water
services for the proposed Gold Nugget Development. Th first comment is in regard to See/ion /3, Watttr lise,
Paragraph J, Section 3: The City oIMon/ice/lo will need (0 make ;mproveme11lS to it.'i water ~ystem i17Lheform
of afiflh well. As Public Works Director I know that the Ifth well will also involve the building of an additional
water tower, and possibly a wellhead protection program s outlined by the DNR How does this development
impact the need to construct these improvements?
.
The second comment is in regard to SeClion19. Wafer QlIa 'ty, Section C: Improvements willlleed to he made to
the sanitary sewer tnmk lines ;n order Lo llCc01711110date Ih s development. What improvements are necessary [0
the down stream sanitary sewer lines, trunk lines and lift st tions?
I am concerned that without additional study the effects 0 this development on the community's infrastructure
system could burden the existing tax payers if the cost 0 construct the water and sewer improvements are
significantly greater than the return from the projected develo mellts. Are the improvements economically feasible
to match the time table of development?
RespectfuJly submitted.
lohn E. Simola
Public Works Director
.
JESJbeg
cc; Rick Wolfslcller, City AdminisI1"lItor
JefT 0 'Neill, Assistonl Administrlltor
File
-----'Monticello cit;-..iiii.'2SQUrolldway, PO Bolt 1147, Montic:elln,
om,c: nf Public Works, 909 Golf Course Rc.I., MOllticello,
5G ." 10
---...----
55362-924.5 · (612) 295.271 J · fill: (612) 295-4404
55362' (6J2) 295-3170' FlU.: (612) 271.3272
.
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SD.
Council Agenda - 10/12/98
A. REFEREN E AND BACKGR
City Council is asked to consider appro va of the final plat of the River Forest residential
subdivision and associated development a reement. As you recall, a few weeks ago,
John Chadwick presented the River Forest final plat along with a development
agreement. Council tabled a decision on t e matter pending further negotiations between
Chadwick and Rick Murray relating to te s for combining a portion of Murray's
property with the River Forest plat. It is y understanding that the discussions between
Chadwick and Murray have been fruitful, d an agreement has been struck between the
two regarding the disposition of the Murra property. Accordingly, a final plat has been
prepared which now includes a portion oft e River Mill property. The development
agreement governing the plat has also bee adjusted to reflect the change in the number
of lots and associated construction costs. I also includes a clause making Chadwick
responsible for development of the River ill portion of the plat.
The new plat includes a platting of lots dev loped with the first phase of the property.
The balance of the property that will remai unserved with road and utilities will be
platted as an outlot. Improvements will be ompleted at some point in the future.
As you probably know, tree removal and gt ding have begun at the site. Chadwick has
provided a deposit in an amount equal to th approximate cost for restoration in the event
the project does not proceed.
B. AL TERNA TIVE ACTIONS:
1. Motion to approve the final plat and evelopment agreement governing the River
Forest residential subdivision. Appr val of the final plat is contingent on review
by the City Engineer and on vacatio of easements on the perimeter of the original
Sandberg East plat.
2. Motion to deny the final plat and de lopment agreement.
C. STAFF RECOMMENDATION:
The City Administrator recommends alterna .ve #1.
D. SUPPORTING DATA:
Copy of revised development agreement; Re uced copy of the final plat.
5
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AGREEMENT
THIS AGREEMENT, made and entered i to this day, ~ 1998, by and
between the CITY OF MONTICELLO, a munici a1 corporation organized under the laws of the
state of Minnesota (the "City"), and 1. Edwin Cha wick, LLC, a Minnesota corporation (the
"Developer").
WHEREAS, Developer has requested that ity grant final approval to a plat to be known
as River Forest (the "Subdivision"), said land lega ly described as set forth in Exhibit A attached
hereto and made a part hereof ("Property") which ubdivision shall consist of 29 single family
lots and 1 outlots; and
WHEREAS, Developer intends to construe, install, provide for, and maintain streets,
storm sewer, water main, signs, grading, and drain ge activities in accordance with the plans and
specifications as hereinafter described, all at the so e cost and expense of Developer; and
WHEREAS, the City has by resolution ado ted on the , granted final
approval to the Subdivision provided that the Deve oper enter into the within Agreement and that
Developer faithfully perform the terms and conditi ns contained herein.
NOW, THEREFORE, in consideration ofth premises and the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
1. Plat Approval. The City agrees to approve t e Subdivision as requested by Developer on
the terms and conditions as hereafter set fort . The Developer agrees that the Subdivision
shall be developed in accordance with the ex ibits attached hereto which are hereby
incorporated by reference as if fully set forth erein. The exhibits are:
Exhibit B -~ Final Plat
Prior to the date of filing the plat and protecti e covenants, Developer must pay to City
any and all outstanding expenses incurred by ity for plat and other development
purposes including, but not limited to, engine ring, legal, and other professional staff
fees.
The final plat and protective covenants must b approved and executed in accordance
with City and County ordinances and filed in t e office of the Wright County Recorder at
Developer's expense no later than December 3 , 1998.
Page 1
SD ., I
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Failure to file the final plat and protective c venants by this date shall render this
Agreement null and void in its entirety.
2.
Representations of Developer. As inducem nt to the City's approval of the Subdivision
and entering into this Agreement, the Devel per hereby represents and warrants to the
City:
A. That the Developer is the fee owner f the Property and has authority to enter into
this Agreement.
B. That the intended use ofthe propert is for single family residential development.
C. That the Subdivision complies with 11 city, county, state, and federal laws and
regulations including, but not limite to, City subdivision ordinances and zoning
ordinances.
D. That to the best of Developer's kno ledge, the Subdivision does not require an
Environmental Assessment W orksh et or an Environmental Impact Statement, but
shall prepare the same if required to 0 so by City or other governmental entity
pursuant to law and shall reimburse ity for all expenses incurred by City in
connection with the preparation of t e review, including stafftime and attorneys
fees.
3.
Developer Improvements. The Developer a rees it shall construct, install, and maintain
certain public improvements ("Developer I provements") on the Property, at Developer's
sole cost and expense, in accordance with th following exhibits:
Exhibit C -- Building and Site Des gn Plan
Exhibit D -- Construction Plan
Developer agrees the Developer Improveme ts shall be performed in accordance with the
plans, specifications, and preliminary engin ering reports approved or to be approved by
the City Engineer and the City prior to com encement of construction and thereafter, in
accordance with all City rules, regulations, rdinances, and the requirements of this
Agreement, which shall include, but not be I mited to, the following:
1.
Street grading, graveling, surfacing, nd stabilizing which shall include curbs,
gutter and driveway approaches.
2.
Storm sewers, including all necessar catch basins, and appurtenances.
3.
Water main, including all appurtena ces.
Page 2
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4.
Sanitary sewer, including all app enances.
5. Setting of lot and block monumen s.
6. Surveying and staking.
7. Site grading, berming, and landsc ing consistent with landscape and the City
Erosion Control Policy Residentia Lots regulation.
8. Establishment of post office cluste box stands with groups of six or more in the
single family residential area.
9. The City shall install street name signs, stop signs, and other traffic control signs
at all locations deemed necessary b City, at Developer's cost and expense.
10. Pathway grading and paving as des ribed on approved plans identified in Section
21 of this agreement.
4.
Permits. Upon execution of this Agreemen , Developer and other necessary parties shall
promptly apply for all permits, approvals, 1 censes, or other documents from any and all
necessary governmental agencies (which m y include the City, Wright County, PCA and
DNR) so as to enable Developer to constru t the Developer Improvements as herein
contemplated. Developer shall use its best fforts to obtain the same as soon as
reasonably possible.
Developer acknowledges and agrees that a er acre trunk water main ($625 per acre),
sanitary sewer fee ($1250 per acre) , and sto sewer fee ($4502 per acre) shall be
incorporated into an assessment roll for the ubdivision based on today's costs. The total
amounts for the first phase for trunk water i $7,171; for sanitary sewer is $14,352; for
storm sewer is $$33,292 (includes credits); aking a total of$54,815, which Developer
agrees is fair and reasonable. These amount were derived from taking the total acreage
of Phase I, multiplying that by acreage char e, and subtracting the credits.
The assessment amounts for the subsequent hase trunk fees shall be incorporated into
the assessment role at the time of final platti g and shall be adjusted based on changes in
costs as defined by the construction cost ind
No grading or building permit shall be issue by City unless the plans or application are
in conformity with the City comprehensive p an, this Agreement, and all local, state and
federal regulations. The City shall, within fi een (15) days of receipt of plans or building
Page 3
50-3
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per applications, review such submittal to etermine whether the foregoing requirements
have been met.
If the City discerns said plans or applicatio s are deficient, it shall notify the Developer in
writing stating the deficiencies and the ste s necessary for correction. Issuance of a
grading or building permit by City shall be a conclusive determination that the plans or
applications have been approved as to the r quested activity by Developer and satisfies
the provisions of this section.
The City shall issue building permits prior 0 City acceptance of the Developer
Improvements provided that the party appl ing for the building permit agrees to withhold
requests for occupancy until necessary Dev loper Improvements have been installed,
which include operational and tested sewer nd water systems, installation of sod in the
front yard, and roadway development suffic' ently completed to support access by
emergency vehicles, snowplows, and garba e trucks, to be determined by the City
Engineer in his sole but reasonable discreti n. Until such approval is granted, no
dwelling may be occupied on either a temp rary or permanent basis, except that model
homes may be occupied by sales personnel or marketing and related purposes.
Notwithstanding this provision, if the Devel per is in default of this Agreement, as
hereinafter defined, in addition to any other emedy provided by this Agreement, City
may refuse to issue a certificate of occupanc for any lot or parcel in the Subdivision until
Developer cures the default as provided her in.
5.
Pre-Construction Activities. The Developer or his engineer shall schedule a pre-
construction meeting with City to review a p oposed schedule for construction of the
Developer Improvements.
6.
Commencement of C nstr cti n of Develo
necessary governmental approvals, licenses
Developer shall commence construction of t
days.
7.
Faithful Perfi rm nee of C nst ction ofIm
construct, and maintain the Subdivision Item and Developer Improvements in
accordance with the terms of this Agreement. Developer guarantees and warrants the
workmanship and materials respecting such ubdivision Items and Developer
Improvements for a period of one year follo 'ng City's acceptance of the same
("Guarantee Period").
The Developer shall repair or replace, as dire ted by the City and at the Developer's sole
cost and expense, any work and/or materials at become defective, in the sole but
reasonable opinion ofthe City or its Engineer provided that City or its Engineer give
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notice of such defect to Developer within ee months following the end of the
Guarantee Period. The Developer, or Dev loper's contractors, shaU post maintenance
bonds or other security acceptable to City 0 secure these warranties.
8.
Inspection of Improvements. Developer a thorizes the City Inspector and City Engineer
to inspect construction of the Developer I provements as required by City and grants to
them a license to enter the Subdivision to erform all necessary work and/or inspections
deemed appropriate during the constructio of the improvements until final certification
of acceptance is approved by City for all D veloper Improvement items and expiration of
any applicable warranty period. Inspectio s by the City are to be logged and reported
weekly to Developer.
Construction and installation plans shall be provided to City and shall be reviewed by and
subject to approval of the City to insure tha the construction work meets with approved
City standards as a condition of City accept nce.
Developer shall cause its contractor to fumi h City with a schedule of proposed
operations at least five (5) days prior to the ommencement of the construction of each
type of Subdivision Item and Developer 1m rovement. The City shall inspect all such
work items during and after construction fo compliance with approved specifications and
ordinance requirements until final certificati n of acceptance is approved by City and
expiration of any applicable warranty perio .
9.
Acceptance of Improvement. Upon notifica ion by Developer that any of the Developer
Improvements have been completed, within en (10) days City Engineer shall inspect the
Developer Improvement and, at his sole dis retion, determine if the Development
Improvement(s) has been completed in acco dance with the plans, specifications, and
exhibits attached hereto.
If the City Engineer determines that the Dev loper Improvements have been completed in
accordance with said requirements, the City ngineer shall give the Developer written
notice of the City's acceptance of the Develo er Improvements within seven (7) days
effective as of the date of the inspection.
If the City Engineer determines that the Dev loper Improvement(s) is not completed in
accordance with said requirements, the City ngineer shall notify Developer in writing of
the deficiency and provide a reasonable date pon which to cure the deficiency. Failure
by the Developer to cure within the stated ti e period shall constitute an Event of
Default.
Completion of Developer Improvements. De eloper agrees to complete the Subdivision
Items and Developer Improvements on or be:ti re October 30, 1999. The Completion Date
as provided herein is subject to Unavoidable elays as hereinafter defined, in which
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event the completion date may be extende by the period of such Unavoidable Delays.
For the purpose of this section, Unavoidab e Delays means delays which are caused by
strikes, fire, war, road weight restrictions, aterial shortages, weather that renders
construction progress impossible, causes b yond the Developer's control or other casualty
to the Developer Improvements, or the act f any federal, state, or local government unit,
except those acts of the City authorized or ontemplated by this Agreement.
In the event Developer believes an extensi n is warranted, Developer shall request such
extension in writing to the City Engineer d specify the requested length of extension
and the reason therefore. The City Enginee shall determine the length of the extension,
if any, in his sole but reasonable discretion.
11. Ownership of Improvements. Upon the co pletion of the Developer Improvements
required to be constructed by this Agreeme t, and the acceptance thereof by the City, the
Developer Items lying within the public eas ments and public right-of-ways as shown on
the Subdivision plat shall become City prop rty without further notice or action. Within
thirty days thereafter, and before any securi y as herein required is released, Developer
shall supply City with a complete set ofrep oducible "AS BUILT" and
"DEVELOPMENT PLAN" plans in a form cceptable to the City Engineer, without
charge to City, which documents shall beco e the property of City.
14.
12.
Clean Up. The Developer shall properly cle
property or public right-of-way resulting fro
agents, or assigns.
13.
any soil, earth, or debris on City-owned
construction work by the Developer, its
Maintenance of Roads Before Acceptance. eveloper shall, at its expense, prepare any
streets located in the Subdivision for snowpl wing and other maintenance that Developer
wishes City to undertake prior to formal ace ptance by City of such streets. This
preparation shall include, without limitation, ramping any manholes as necessary to avoid
damage to snowplows or other vehicles used in street maintenance. Should damage occur
to City snowplows or other vehicles during t e course of snowplowing or other
maintenance procedures prior to formal acce tance of the street by City, which damage is
caused by Developer's failure to properly pre are or maintain the same, Developer shall
pay all such damages and shall indemnify an hold City harmless for all such damage,
cost, or expense incurred by City with regard thereto.
Erosion and Drainage Control. The Develop r shall provide and comply with erosion and
drainage control provisions in the landscape Ian and City policy requirements as
described in paragraph 3 (8) and as otherwise required by City. As development
progresses, the City may impose additional er sion and drainage control requirements if,
in the sole but reasonable opinion of the City ngineer, they would be useful and
appropriate in controlling drainage and erosio Developer shall promptly comply with
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such erosion and drainage control plans an with such additional instructions it receives
from City.
15.
Hold Harmless Agreement. Developer ac owledges that its failure to implement the
plans and exhibits as contained herein may ause flooding and/or damage to adjoining
property owners. In such event, Developer agrees to hold City harmless and indemnify
City from claims of all third parties or Dev loper for damages arising out of such
flooding and/or damages.
The parties recognize that time is of the ess nee in controlling erosion. In the event of an
emergency situation requiring immediate a tion to prevent loss or damage to persons or
property, to be determined at the sole discre ion of City, the notice and cure provisions of
paragraph 21 shall not apply and City is aut orized to undertake any corrective action it
deems necessary to prevent or minimize an such flooding and/or damage. In such event,
Developer agrees to hold City harmless and indemnify City from claims of all third
parties for damages arising out of said corre tive action by City, and agrees to reimburse
City for all out-of-pocket expenses incurred by City arising out of the corrective action
including, but not limited to, any costs nece sary to re-Iandscape disrupted soils located
within the Subdivision.
16. Insurance.
A.
The Developer will provide and mai tain or cause to be maintained at all times
during the process of constructing th Developer Improvements until six (6)
months after acceptance of all Devel per Improvements and, from time to time at
the request of the City, furnish with roof of payment of premiums on:
(1) Comprehensive generalliabil ty insurance (including operations,
contingent liability, operatio s of subcontractors, completed operations
and contractual liability insur nee) together with an Owner's Contractor's
Policy with limits against bo ily injury, including death, and property
damage (to include, but not b limited to damages caused by erosion or
flooding) which may arise ou of the Developer's work or the work of any
of its subcontractors.
Limits for bodily injury or de th shall not be less than $500,000.00 for one
person and $1,000,000.00 for ach occurrence; limits for property damage
shall not be less than $200,00 .00 for each occurrence. The City, City
Engineer, and Developer's En ineer shall be an additional named insured
on said policy. Developer sh 11 file a copy ofthe insurance coverage with
the City upon request.
(ii)
Worker's compensation insur ce, with statutory coverage.
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17.
Security for Cost of Improvements. For th purpose of financing the construction,
installation, and maintenance of the Devel per Improvements, and to pay all associated
costs and expenses of City as described in aragraph 18, Developer shall, upon execution
of this Agreement, execute and deliver to ichfield Bank and Trust ("Lender") a Note and
Mortgage encumbering the property in an ount not less than $392,082. (includes
amount 20% above construction cost plus tees). The proceeds of this loan shall be
escrowed by Lender and disbursed only in ccordance with the terms and conditions of a
certain Disbursement Agreement attached ereto as Exhibit E and incorporated by
reference herein.
No work shall be commenced under this A reement until the Note, Mortgage, and
Disbursement Agreement have been execut d and certified copies filed with City.
18. Responsibility for Costs.
A. The Developer shall pay all costs in urred by it or City in connection with the
development of the Subdivision, inc uding but not limited to construction of
Developer Improvements, legal, pI ing, engineering, and inspection expenses
incurred in connection with approva and acceptance of the Subdivision plat, the
preparation of this Agreement, and I reasonable costs and expenses incurred by
the City in monitoring and inspectin development of the Subdivision.
B.
The Developer shall pay in full all bills submitted by the City within thirty (30)
days after receipt. lfthe bills are not paid on time, the City may halt all plat
development work until the bills are aid in full.
C. The Developer shall hold the City an its officers and employees harmless from
claims made by itself and third parti s for damages sustained or costs incurred
resulting from Subdivision plat appr val and development. The Developer shall
indemnify the City and its officers d employees for all costs, damages, or
expenses which the City may payor ncur in consequence of such claims,
including reasonable attorneys fees, rovided that nothing herein shall require
Developer to indemnify the City, its fficers or employees from any violation of
law or from the consequences of thei own negligence.
D. The Developer shall reimburse the Ci y for its costs incurred in the enforcement
of this Agreement, including enginee ing and reasonable attorneys fees.
Required Tree Planting For lots without tree, Developer shall be responsible for
installation of boulevard tree plantings as req ired by the city ordinance. Required
subdivision trees must have a trunk diameter fat least two inches (2") at one foot (1')
above ground. Required trees must be protec ed and supported by approved tree guards.
Not less than two (2) or more than three (3) s ecies of trees shall be planted in any block,
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and neither less than twenty percent (20%) or more than fifty percent (50%) of the total
trees planted in a block may be of the same species.
On lots with a single frontage or for comer ots with double frontage on two minor
streets, two trees to be planted per street fro tage. Trees must be planted at a location
between 4 feet and 10 feet from the curb. he Developer shall take into account the
presence of utility systems when establishi g the precise location within the stated
acceptable range from the curb. In areas were sidewalk is being installed, trees shall be
planted between the curb and the sidewalk -5 feet behind the curb.
The Developer is free to direct builders to p ant trees as required under the ordinance and
this development agreement; however, the eveloper is ultimately responsible for
compliance with the tree planting requirem nt.
This expense shall be incorporated into the isbursement agreement.
20. Park Dedication. Park dedication will consi t of cash in lieu of land in the amount of
$32,500.
21.
Trails and Pathways. The 10' bituminous ra I connecting River Forest Circle to Gillard
Avenue and the 10' trail extending from the iver Mill Outlot B to River Forest Drive
between Lot 1, Block 6 and Lot 7, Block 5, hall be constructed and funded by the
developer with the subsequent phase of the evelopment,
22. Miscellaneous.
A. This Agreement shall be binding upo the parties, their heirs, successors or
assigns, as the case may be.
B. Third parties shall have no recourse gainst any party under this Agreement.
Future residents of the plat shall not e deemed to be third-party beneficiaries of
this Agreement.
C. If any portion, section, subsection, se tence, clause, paragraph, or phrase of this
Agreement is for any reason held inv id, such decision shall not affect the
validity of the remaining portion of t is Agreement.
D. So long as the City uses its best effo s to review plans and inspect improvements,
the Developer shall have no cause of ction for damages attributable to delays in
the construction and completion of sa d Items.
E.
No one may occupy a building for wh.ch a building permit is issued on either a
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24.
temporary or permanent basis until sanitary sewer and water lines have been
installed, hooked up, tested, and ap roved by the City.
F.
The action or inaction of the City a to the exercise of any of its rights or remedies
upon an event of default shall not c nstitute a waiver or amendment to the
provisions of this Agreement as to uture events of default. To be binding,
amendments or waivers shall be in iting, signed by the parties, and approved by
written resolution of the City Coun il. The City's failure to promptly take legal
action to enforce this Agreement s 11 not be a waiver or release as to any event of
default.
G.
This Agreement shall run with the I nd and shall be recorded in the office of the
Wright County Recorder. After co pletion of all of Developer's obligations
hereunder, at Developer's request C"ty will execute and deliver to Developer a
release of this Agreement in record ble form.
H.
Both parties to this Agreement ack owl edge that they have been represented by
counsel, or are aware of their right counsel, and have entered into this
Agreement freely and voluntarily.
A. Except only by way of security for, nd only for the purpose of obtaining
financing necessary to enable the D veloper or any successor in interest to the
Property, or any part thereof, to per orm its obligations with respect to the
construction of the Developer Impr vements under this Agreement, and any other
purpose authorized by this Agreem nt, the Developer (except as so authorized)
will not make or create, or suffer to e made or created, any total or partial sale,
assignment, conveyance, or transfer in any other mode or form of with respect to
this Agreement or any interest there n, or any contract or agreement to do any of
the same, without the prior written pproval of City.
B. In the absence of specific written ag eement by the City to the contrary, no such
transfer or approval by City shall be deemed to relieve Developer from any of its
obligations. In the event that City a proves a substitute developer and the
Property is transferred to said substi ute, the City agrees to relieve the Developer
of liability from performance as des ribed in this contract. Said substitute shall
assume all responsibilities and right of the Developer under this contract.
Events of Default Defined. The following hall be "Events of Default" under this
Agreement and the term "events of default" shall mean, whenever it is used in this
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Agreement (unless the context otherwise p ovides), anyone or more of the following
events:
A. Failure by the Developer to observ and substantially perform any covenant,
condition, obligation or agreement n its part to be observed or performed under
the terms of this Agreement, or the isbursement Agreement by and between
City, the Developer and Lender.
B. If the Developer shall admit in writ ng its inability to pay its debts generally as
they become due, or shall file a peti ion in bankruptcy, or shall make an
assignment for the benefit of its ere itors, or shall consent to the appointment of a
receiver of itself or of the whole or y substantial part of the property.
C. If the Developer shall file a petition under the federal bankruptcy laws.
D. If the Developer is in default under he Mortgage and has not entered into a work-
out agreement with the Lender.
E. Ifthe Developer shall fail to begin c nstruction of the Developer Improvements in
conformance with this Agreement, d such failures are not due to unavoidable
delays as defined in this Agreement.
F.
The Developer shall, after commenc ment of the construction of the Developer
Improvements, default in or violate .ts obligations with respect to the construction
of the same (including the nature an the date for the completion thereof), or shall
abandon or substantially suspend co struction work, and such act or actions is not
due to unavoidable delays as determ ned by the City Engineer in his sole but
reasonable discretion and any such d fault, violation, abandonment, or suspension
shall not be cured, ended, or remedi d within the time provided for in this
Agreement.
25. Notice/Remedies on Default. Whenever an Event of Default occurs, the City shall give
written notice of the Event of Default to De eloper by United States mail at its last
known address, J. Edwin Chadwick, 1550 E st 79th St Suite #640, Bloomington, MN
55426. If the Developer fails to cure the Ev nt of Default within fifteen (15) days of the
date of mailed notice, in addition to any oth r remedy provided in this Agreement, and
without waiver of any such right, City may vail itself of any or all of the following
remedies for so long as the Developer is in d fault:
A. Halt all plat development work and c nstruction of Developer Improvements until
such time as the Event of Default is c ed.
B.
Refuse to issue building permits or 0 cupancy permits as to any parcel until such
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time as the Event of Default is cur d.
c.
Apply to a court of competent juris iction to enjoin continuation of the Event of
Default.
D.
Exercise any and all remedies avail ble to City pursuant to the Disbursement
Agreement. If the Event of Defaul is the failure of Developer to complete,
construct, install or correct the Dev loper Improvements in accordance with the
plans and specifications and this A reement, City may perform the construction
or work and apply to Lender pursu nt to the Disbursement Agreement to
reimburse City for its expenses. Th.s provision shall be a license granted by the
Developer to the City to act, but sh 11 not require the City to take any such action.
Developer consents to such action y City and waives any claim Developer may
have against City for damages in th event City exercises its rights in accordance
with this provision.
E.
Terminate this Agreement by writte notice to Developer at which time all terms
and conditions as contained herein s all be of no further force and effect and all
obligations of the parties as impose hereunder shall be null and void.
26. Miscellaneous.
A.
This Agreement shall be binding up n the parties, their heirs, successors or
assigns, as the case may be.
B. I f any portion, section, subsection, s ntence, clause, paragraph, or phase of this
Agreement is for any reason held in lid, such decision shall not affect the
validity of the remaining portion of is Agreement.
C. The action or inaction of the City sh II not constitute a waiver or amendment to
the provisions of this Agreement. T be binding, amendments or waivers shall be
in writing, signed by the parties, and pproved by written resolution of the City
Council. The City's failure to promp ly take legal action to enforce this
Agreement shall not be a waiver or r lease.
D. Future residents ofthis Subdivision s all not be deemed to be third party
beneficiaries of this Agreement.
E.
This Agreement shall run with the Ian and shall be binding upon the Developer,
its successors and assigns. The Devel per shall, at its expense record this
Agreement in the Office of the Wrigh County Recorder. After the Developer has
completed the work required under th.s Agreement, at the Developer's request the
City will execute and deliver to Devel per a release in recordable form.
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F.
All parties to this Agreement ackno ledge they have been represented by counsel
and have entered into this Agreeme t freely and voluntarily.
G. The plat includes property formerly part of the River Mill 4th Addition Plat. The
developer assumes all responsibilit for development of the land area incorporated
into the River Forest plat from Rive Mill 4th Addition.
27. Notices. Required notices to the Develope shall be in writing and shall be either hand
delivered to the Developer, or mailed to the Developer by United States mail, postage
prepaid to the following address: Attention: address, J. Edwin Chadwick, 1550 East 79th
St. Suite #640, Bloomington, MN 55425. otices to City shall be in writing and either
hand delivered to the City Administrator or mailed to City by United States mail, postage
prepaid to the address: 250 East Broadway PO Box 1147, Monticello, MN 55362.
IN WITNESS WHEREOF, City and Developer ha e signed this Developer's Agreement the day
and year first written above.
CITY OF MONTICELLO
By:
William Fair
Its: Mayor
By:
Rick W olfsteller
Its: City Administrator
STATE OF MINNESOTA)
)ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledge
, 1998, by William Fair and Rick
Administrator of the City of Monticello, a Minneso
corporation.
before me this day of
olfsteller, the Mayor and City
municipal corporation, on behalf of the
Notary Public
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DEVELOPER:
1. Edwin Chadwick, LLC
] 550 East 79th St suite #640
Bloomington, MN 55425
By:
Its:
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledg d before me this day of
, 1998, by its of
, a Minnesota corporation on behalf of the corporation.
Notary Public
This Instrument Drafted By:
Olson, Usset, Agan & Weingarden
6600 France Avenue South
Suite 590
Edina, MN 55435
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EXHIB T B
PIa
See attach d plat
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EXHIBITS C AND D
Exhibit C BUILDI G and Site Plan
Exhibit D CONST UCTION Plan
Exhibits C and D are available and on file at the 0 lice of the Monticello City Engineer, WSB &
Associates, Inc., 350 Westwood Lake Office, 8441 Wayzata Boulevard, Minneapolis, MN
55426.
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EXHI IT E
Disbursemen Agreement
See att ched
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DISBURSEMEN AGREEMENT
RIVER OREST
THIS AGREEMENT, is made and entere on
, 1998, by and between 1. Edwin
Chadwick, LLC, a Minnesota Corporation ("Dev loper"), Richfield Bank and Trust (Lender),
and, The City of Monticello, a Minnesota Munici al Corporation ("City").
WHEREAS, the Developer is the owner 0 the real property described in Exhibit A
attached hereto, commonly known as River Forest ("Subdivision");
WHEREAS, on
1998, the eveloper and the City made and entered into a
Development Agreement, concerning the construc ion of certain improvements to the
Subdivision as described therein ("Developer Impr vements");
WHEREAS, on
, 1998, th Developer and the Lender made and entered
.
into a Loan Agreement ("Loan Agreement") where n the Lender agreed to loan at least the sum
of $392,082 to the Developer for the purpose of co structing the Developer Improvements and
other related development costs;
WHEREAS, on
, 1998 the Developer, as maker executed and delivered
to the Lender, as payee, a promissory note in at leas the sum of$392,082 with interest thereon
payable as described therein, and said note was sec ed by a Mortgage executed and delivered by
Developer, as mortgagor, to Lender, as Mortgagee, ncumbering the Subdivision; and
WHEREAS, the parties desire to establish pr: cedures concerning the disbursement of the
fund under the Loan Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein and other good
. and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
parties hereby agree as follows:
S"b "'/1 Page 1
1. Security. The City hereby accepts t is Disbursement Agreement as Security for
. the construction of the Developer Improvements, i cluding establishment of required tree
plantings, under the Development Agreement. Th liability of the Lender to the City under this
Disbursement Agreement shall automatically be re uced to the extent of advances made by the
Lender under the Loan Agreement for the Develop r Improvements, provided that said advances
are approved in writing by the City.
In the event of improper disbursement, Len er shall be liable to City for any damages
arising from any improper disbursement up to the ount of such improper disbursement.
2. Certification by Private Engineer. cCombs Frank Roos Associates, Inc.
("Private Engineer") shall certify in writing to the eve loper, the Lender, and City the progress
of construction of the Developer Improvements at he conclusion of each stage of construction.
.
Such certification shall set forth the quality of wor manship, the stage of construction according
to the plans and specifications, the dollar amount 0 the Developer Improvements completed to
the date of such certification, and the dollar amoun of the disbursement necessary to pay for the
certified Developer Improvements.
3. Approval by City. After receipt of e certification by the Private Engineer, the
City shall give written notice to the Developer and he Lender whether the City approves or
rejects the Developer Improvement relating to such certification. The City will use its best
efforts to notify the Developer and Lender within t n (10) business days after receipt of such
certification by the Private Engineer. The City ma perform its own independent inspection of
the Developer Improvements.
4. Disbursements and Retainage. If th City approves a certification of the
. Developer Improvement by the Private Engineer in writing, the Lender may rely upon such
approval and, if so instructed by the City, advance 0 more than Ninety-five percent (95%) of the
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sum certified by the Private Engineer for the De eloper Improvements. Five percent (5%) of all
. certified sums of the Developer Improvements (" etainage") may be retained until the final
inspection by the City. The Retainage shall be di bursed after the City completes its final
inspection, accepts all Developer Improvements d Developer provides the necessary
maintenance bond to City. If the City rejects any .tem of the Developer Improvement in the
certification by the Private Engineer, the Lender s all not advance any funds relating to that item
of the Developer Improvements until the City has iven its written consent. Certifications not
relating to Developer Improvements as referenced in the Development Agreement shall not
require the 5% retain age pursuant to this paragrap .
.
.
5.
us ension or T
The City may
suspend or terminate the certification of the Devel per Improvements by the Private Engineer.
In such event, the City shall give written notice to e Developer and the Lender of such
suspension or termination. Such suspension or te ination shall not affect any certification
issued by the Private Engineer prior to the receipt 0 such notice to all parties. Such suspension
or termination shall be prospective only. In the eve t of such suspension or termination, the City
shall inspect the Developer Improvements complete , certifY to the Developer and the Lender the
dollar amount of the Developer Improvements com leted to the date of such certification and the
amount to be advanced to pay for the certified Deve oper Improvements.
6. Final Inspection by the City. Pursu t to the Development Agreement, the City
Engineer of the City shall make a final inspection of he Developer Improvements. The Private
Engineer shall have no authority to make the final in pection on behalf of the City. The City
Engineer may object to any construction defects disc vered during the final inspection regardless
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of when such defects occurred. The failure of th City to object to a prior certification by the
. Private Engineer shall not be deemed a waiver 0 the City's right to demand the correction of any
construction defects discovered during the final i
7.
. Ifthe Developer commits an event of
default upon its obligations as imposed by this A reement, or pursuant to the Note and Mortgage
executed by Developer, or as defined within the evelopment Agreement with City and does not
cure the event of default within the time proscrib d within the Development Agreement, the City
may give the Developer notice of the City's inten ion to terminate the private installation of the
Developer Improvements and the City may proce d to let contracts to complete the Developer
Improvements. The cost of said contracts, plus 0 er obligations of the Developer under the
Development Agreement, may be drawn from the remaining unadvanced amount of Lender
under this Disbursement Agreement.
.
In the alternative, upon default by the Dev loper of its obligations under the Development
Agreement following the above described notice, he City may request the Lender to advance the
remaining unadvanced funds under this Disburse ent Agreement directly to the City, which
funds the City shall hold in escrow for the excIusi e purpose of completing the Developer
Improvements and satisfying the other obligations of the Developer under the Development
Agreement.
Upon final completion of the Developer I provements, the City shall pay any remaining
funds to Lender to be applied as a payment on De eloper's behalf. The notice of uncured default
shall be signed by the Mayor or the Clerk of the Ci y. Copies of said notices shall also be served
on the Lender.
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In the event City does not recoup its costs in completing the Developer Improvements
. under the provisions of this paragraph, as an addit.onal remedy, City may, at its option, assess
the benefitted property in the manner provided by Minnesota Statutes S429.01 et seq.
8.
Terms of Agreement. This Agree ent shall expire on
, 1999. This
Agreement shall automatically be extended for su cessive six month periods unless Lender gives
written notice to the City 30 days prior to any exp.ration date. If the Lender chooses not to
extend the Agreement, and the City desires contin ed financial security for the Developer's
obligations under the Development Agreement, th City may request the Lender disburse to the
City the remaining unadvanced amount of this Dis ursing Agreement which funds the City shall
hold in escrow for the exclusive purpose of compl ting the Developer Improvements or other
obligations of the Developer under the Developme t Agreement. Upon final completion of the
.
Developer Improvements and satisfaction of the D veloper's obligations under the Development
Agreement, the City shall pay any remaining funds to Lender to be applied as a payment on
Developer's behalf.
9. Any request by the City of the Lend r, which is authorized by paragraphs 7 and 8,
shall be honored by the Lender within three (3) bus ness days after demand is made by the City.
10. Notices. Any notice provided for in his Agreement may be delivered or mailed
as follows:
Lender:
RICH IELD BANK AND TRUST (Financing)
C. Pet r Speckman
6625 L ndale Ave S
Richfi ld, MN 55423
Developer:
1. ED IN CHADWICK, LLC (Developer)
1550 E st 79th St. #640
Bloomi gton, MN 55425
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City:
250 ast Broadway
PO ox 1147
Mon icello, MN 55362
Atte tion: Rick Wolfsteller
..,.-.....,
Such notices shall be deemed to have been given hen received by all parties.
11. Governing Law. This Agreement s all be governed in all respects by the law of
the State of Minnesota.
12. Assiljnment. The rights ofthe City under this Agreement cannot be assigned.
13. Binding Effect. This Agreement s all inure to and bind the parties hereto and
their successors and assigns.
14. No Third Party Rights. This Agree ent is made for the sole benefit of the parties
hereto. No other person shall have any rights or r medies under this Agreement.
IN WITNESS WHEREOF, the parties hav made and entered into this Agreement as of
--
the first day and year above written.
CITY OF MONTICELLO
By:
William Fair
Its: Mayor
By:
Rick Wolfsteller
Its: City Administrator
J. EDWIN CHADWICK, LLC (Developer)
1550 East 79th St #640
Bloomington, MN 55425
By:
1. Edwin Chadwick
Its:
'51)...1-"1-
Page 6
.......... -
.
.
.
RICHFIELD BANK AND TRUST (Financing)
C. Peter Speckman
6625 Lyndale Ave S
Richfield, MN 55423
By:
Its:
Sb-Z,S
Page 7
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5E.
Council Agenda - 10/12/98
A. REFERENCE AND BACKGRO
Please see the attached report to the Planni g Commission.
B. ALTERNATIVE ACTIONS:
1. Motion to adopt recommendation b the Planning Commission, which is
alternative #1 from the attached rep rt.
2. Motion to deny or table action on t is item.
C. STAFF RECOMMENDATION:
The City Administrator recommends alte ative #1.
D. SUPPORTING DATA:
Copy of report to the Planning Commissio
6
.
.
.
COP)'
Planning Commission Agenda - lO/6/98
7.
A. REFERENCE AND BACKGRO
Ms. Beverly Abrahamson has submitted a r quest for a lot combination which would
allow her to construct a garage on the prop . The location of the property is at One
Linn Street, which is zoned R-2: Single F ily and Two Family Residential.
The applicant would like to construct a gar ge on the property, but there is an
inconsistency surrounding the recording of he lot. Although the garage would meet all
setback requirements, it would be placed 0 an existing parcel line. The two subject
parcels are owned by the current owner (M . Abrahamson).
The original plat was required because of a lot line dispute between Lot A and Lot B.
Here, the owners had questions about lot Ii e placement, so they erected a fence where
they felt the lot line should be. However, t ey did not have the newly agreed lot line
recorded. Upon selling the property, it wa determined that the properties be platted to
eliminate the lot line dispute. Unfortunatel , Ms. Abrahamson did not include the second
parcel, which she owns, in the plat.
Now, in order to for the applicant to const ct a garage, she will need to clear the dispute
with the County Registrar of Deeds, becau e the garage would lie on the parcel line.
However, due to a County policy, they wil not register the change without a re-plat on
the property. This will likely cost the appl cant approximately $2,000 or more. The
applicant returned to the City to discuss w ys in which she could handle the situation
without paying for are-plat.
The applicant has submitted the proposed eed restriction (Exhibit C) which would treat
Parcel 1 and Parcel 2 as a single parcel for purposes of detennining building setbacks and
restrict the current owner, heirs, successor, and/or assigns of the owner from the separate
sale of the two parcels.
B. ALTERNATIVE ACTIONS:
1.
Motion to approve the CUP for a UD subject to the deed restriction (Exhibit C).
This motion should be supported y a finding that a filing problem at Wright
County has caused the applicant's roblem, not because of any physical problem
with the property or administrativ concerns with the City.
~t, I -"
Motion to deny the CUP for a PUD. his would be supported by a finding that
PUD's are intended to be used in larg r projects which would benefit from
comprehensive planning and not for e avoidance of otherwise required
administrative procedures.
.
2.
'h~
r
planning Commission Agenda - 10/6/98
3.
Motion to table action on the CUP P D, subject to the submission of additional
information.
C.
STAFF RECOMMENDATION:
Staff recommends Alternative 1, approval ith deed restriction. As noted in the report,
the intent of the CUP PUD is to treat the tw parcel as a single parcel for purposes of
determining building setbacks. The applic t has approached the County about filing,
externally from the City. However, due to administrative policy, the County requires
the applicant to submit a re-plat to combine the "garage" parcel with the "house" parcel.
D. SUPPORTING DATA:
.
Exhibit A - Site Location
Exhibit B - Legal Description
Exhibit C - Site Plan
Exhibit D - Deed Restriction
.
6
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SITE LOCATION
EXHIBIT A -
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MILE
HAMSON PROPERTY
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EXHIBIT B - L GAL DESCRIPTION
PARCEL 1:
Lot 2, Block 1, Worth Estates, Wright County, Minn sota
'p ARCEL 2:
Lots Six (6), Seven (7) and the East Half(E Yz) ofLo Eight (8), excepting therefrom the North
60 feet of said Lots, all in Block Fifty-six (56) in the ownsite of Monticello, according to the
plat thereof on file and of record in the office of the C unty Recorder in and for Wright County,
Minnesota, lying North of the following described lin : Commencing at the Southeast comer of
said Lot 6, thence North along the East line of said L t 6, a distance of 63.50 feet; thence West to
the West line of the East Half of Lot 8 to a point 64.0 feet North of the Southwest comer of said
East Half of Lot 8 and there terminating, Wright Co ty, Minnesota.
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EXHIBIT D - EED RESTRICTION
DEED RES
cnON
This Agreement is entered into this 14th da of September, 1998 by Beverly J.
Abrahamson, the record fee owner of the pro erty described herein (hereinafter
"Owner') and the City of Monticello (hereina er "City").
WHEREAS, the Owner owns two parcels of property located in the City of
Monticello, Wright County, Minnesota descri ed on Exhibit A hereto as Parcell and
Parcel 2; and .
WHEREAS, a residence is located upon arcel I, and the Owner desires to
construct a garage on Parcel 2 for the benefit f the residence located upon Parcell;
NOW THEREFORE, it is hereby agreed etween the Owner and the C.ity as
follows:
1. The City hereby agrees to treat Parcel and Parcel 2 as a single parcel for
purposes of detennining building setba ks.
2. In consideration of the City considering Parcell and Parcel 2 to be treated as a
single parcel as described in paragraph above, Owner hereby agrees that she is
hereby prohibited from conveying Pare 11 or Parcel 2 as separate parcels, but
that Parcel 1 and Parcel 2 must hence ti rth be conveyed together as if they were
a single parcel.
3. This Deed Restriction shall be binding
of the Owner.
Dated: '1~/;;/
pon the heirs, successors and/or assigns
/'---
The foregoing instrument was' acknowledge before me this 14th day of September,
1998 by Beverly J. Abrahamson, a single perso
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\~G'V NOTAIlY PUBLIC. MIW'::$~;,.\ ,
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Council Agenda - 10/12/98
REFERENCE AND
The Monticello School District is applying or renewal of an interim use permit for public
school use at 1248 Oakwood Drive East, in 1-1 (light industrial) zone. Originally
allowed by the City in September 1997, the interim use permit stipulated that upon the
one-year anniversary of the original interim use permit, the applicant must reapply to the
City.
At its regular meeting of October 6, 1998, t e Planning Commission unanimously
recommended that the interim use be allow d to continue by permit until August 31,
1998. The Planning Commission expresse concerns relating to the long-term plans for
the location of the Monticello School's Alte ative Learning Center and agreed that
within the corning year, negotiations with e School District may lead to a relocation of
the Alternative Learning Center to a district more compatible with that use.
Over the course ofthe past year, staff recei ed no complaints from adjacent property
owners.
B.
ALTERNATIVE ACTIONS:
1. Motion to approve the issuance of interim use permit to the Monticello School
District to operate an alternative sch 01 program at 1248 Oakwood Drive East,
subject to the findings that the prop sed use will not interfere with the City's
long-range objectives to encourage i dustrial development in the area, and that the
following conditions apply to the int rim use permit:
a. The interim use permit will e pire on August 31, 1999. Extension of the
use of the subject property fi r public school use beyond the termination
date may only be allowed by reapplication to the City.
b. The District agrees to expan the parking area at the direction of the City.
The City will direct expande parking based on its observation of parking
demand which may cause th use of on-street parking at any time.
c. The use ofthe subject prope y will be during normal school hours only.
d.
The granting of this interim se permit shall not be effective until after
inspection and approval of th building and property by the City Building
Official.
7
.
2.
Council Agenda - 10/12/98
Motion to deny the issuance of an i terim use permit for school use in the light
industrial district, effective on or b fore (date to be determined), based on the
finding that the continued school u e in the light industrial district would interfere
with the City's long-range industria development goals (and as otherwise
determined by City Council).
C. STAFF RECOMMENDATION:
Planning Commission recommended altern tive #1 above.
D. SUPPORTING DATA:
None.
.
.
8
.
.
.
Council Agenda - 10/12/98
5G. C n ideration of authorizi
intersection at Hi~hway 25.
A.
When the Cub Foods project was approved for the Monticello Mall site, it was
anticipated that traffic volumes along 7th S reet would increase dramatically and that the
7th Street intersection with Highway 25 co Id become a bottleneck area. Now that Cub
Foods is nearing completion and with other recent developments in the area, including a
new Marquette Bank facility, a new comm nity center, and other retail projects being
considered, it may be beneficial for the Cit to have our engineer do a traffic impact
study for this area.
A proposal has been prepared by our Cons lting Engineer to complete a study at an
estimated cost of$3,250. The report would analyze the current traffic patterns and make
recommendations for the future of this area. It is anticipated that additional semi-truck
traffic entering onto 7th Street from Highw y 25 will likely occur with the Cub Foods
store, and the existing 7th Street configurati n only has one westbound lane off of
Highway 25. A traffic study may indicate t at 7th Street will need to be widened to
provide additional lanes in both directions t adequately handle the anticipated traffic
flow.
Once a study is completed, the Council will likely have to review whether any of the
potential improvements that may be needed to this area are assessible or whether they
will become general city improvements. At this time, our 1999 budget does not include
any funding for possible improvements alo g 7th Street, but it is important to have a
better understanding as to what impacts ma occur because of the increased development
pressures.
B. ALTERNATIVE ACTIONS:
1. Authorize the City Engineer to prep e a traffic study for the 7th Street!
Highway 25 intersection at an estim ted cost of $3,250.
Although not specifically budgeted r, funding would be taken from our capital
improvement revolving fund.
2. Do not authorize the study at this ti e and wait to see if any problems occur.
C. STAFF RECOMMENDATION:
It is the recommendation of the City Admini trator and Public Works Director that the
study be authorized as proposed in their sco e of services. It seems reasonable to expect
9
Council Agenda - 10/12/98
.
that traffic patterns will have to be redesig ed in this area to accommodate the existing
Krnart/Cub Foods properties and also to t e into account for future growth that will
occur because of the community center pr ~ect.
D. SUPPORTING DATA:
Copy of proposal.
.
.
10
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OCT-0S-199S 08:54
WSB & RSSOCIATES IN .
.A
WSB
~
{5 Associates, Int.
6125411700 P.02/09
SA Miudsrc:adr, P. t-
8tet A. Weiss, P.E.
Pl9:er R. Willenbring. P .E.
Donald W. Srerna. P.E.
Ronald 8. Bray. P.E.
350 Westwood ake Office
8441 Wayzata Boulevard
Minneapolis, N 55426
612-541. 800
FAX 541 1700
~i May IS, 1998
Mr. R.:ck Wolfste11er
City of Monticello
P.O. Box 1147
Monticello, MN 55362
Re: Cub Foods Traffic Study Proposal
WSB Proposal No. 047.98
Dear Mr. Wolfsteller:
WSB & Associates, Inc. is pleased to submit this pro sat to prepare a traffic !Study for 7'41 Street related
to the proposed Cub Foods in Monticello, Minnes ta. It is our Wlderstanding that the study will
include determini"g the anticipated traffic generat by the proposed development and the analysis
of the operation ofTIi 25 at ~ Street intersection.
A Scop',,: of Services has been developed and is attach as Exhibit A, for your information. The Scope
of Services provides for data collection, traffic gen arion and analysis, agency coordination, and
preparation of a draft and final report.
The estimated cost for the preparation of the traffic' pact study will be based on our CUITent hourly
rates and is estimate at 53,250.00. Included as Exhib't B of this proposal is a breakdown of costs by
task. The final report will be delivered to the City wi . one month of Notice to Proceed, assuming
no unforeseen problems.
Thank you for your consideration of WSB for thes professional engineering services. We look
forward to working with you on this project and other rojects in the fllture. If you have any questions
or require any additional information please do not h itate to give me a call.
Sincerely,
WSB & AssociRtes, ["eo
J:~~~
Vice President
C:
lohn Simola, City of Monticello
Chuck Rickart, WSB & A&60Ciates, Inc.
Bret Weiss, WSB & Associates, Inc.
Iv
~,,~,
Infrastructure Engi r PlAmu"
EQUAL OPPORTUNITY !M.PLOYER
f;I",WINI1Il0P0WIfJI1,HII/J/SH,ft/I
.
.
.
OCT-08-1998 08:54
WSB & ASSOCIATES IN .
6125411700 P.03/09
Scope 0 Services
Exh bit A
Task 1 .. Data Collection
Available data will be collected from e City of Monticello, Wright COWlty and the
developer: This data will include, but' not limited to:
Existing base mapping for the ea (aerial photos).
Preliminary site layout for the b Foods site.
Adjacent land use data.
Existing traffie volwne informa: . on as COWlted by MnlDOT.
.
.
.
.
It is assumed that, as part of the traffie
conducted at the intersection ofTH 25
road tube counts will be conducted.
Task 2 .. Traffic Impact Analysis
dy, 16~hour turning movement counts will be
"F'Street At the same time, twenty~four hour
A. Traffic Generation: Based on the data provided by the developers architect and
engineer, and dati collected from the Ci with respect to the adjacent land uses, a traffic
generation analysis will be conducte which will estimate the amount of traffic
anticipated into and out of the propos site.
B. rrllf/lc Distribution: Once tr c generation has been developed a traffic
dis1ribution model will be determined ased on the existing traffic patterns and future
transportation systems as outline in the onticello Transportation Plan.
C Tralflc Analysis: Based on the p posed site generation and dis1ribution, a site
traffic analysis will be conducted on T 2S for the following time periods.
.
Existing (no roadway improve ts) AM and PM peak hours.
Projected future (with proposedr adwayimprovements) AM and PM peak hours.
.
A reconunendation will be provided.' intersection geometries and/or traffic signal
modification if required.
Task 3 .. A,ency Coordination
It is assumed that, as part of the c impact study, meetings will be held with
MnlDOT to discuss the details orm 25 and the results of the initial analysis. It is also
assumed that WSB will be in attendan at one Planning Commission meeting and one
WSB P,.p..1lI No. 047.98 . Scope olS"""
BJddjIJ..4 .. Pili. 1
...
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.
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OCT-08-1998 08:54
WSB & ASSOCIATES I
6125411700 P.04/09
City Council meeting for the City of onticello as well as two meetings with City Staff.
Task 4 - Report Preparation
A traffic study report including concl ions and recommendations will be developed and
submitted to the City in a preli' form for their review and comment. Once
comments have been made they will addressed and a copy will be submitted the Cub
Foods developer for their review. Fol owing the developers, review the fmal study will
be produced and submitted for consid ation by the Planning Commission and the City
Council. .
WSB Pmp".. Nfl. 047.98 . Seope tJf Services
EJdUbfl J4 .. Ptlg. 2
~~...~
...
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OCT-08-1998 08:55
WSB & ASSOCIATES I C.
6125411700 P.05/09
Based on the proposed Scope ofSeIVices as 0 tlined in Exhibit A for the Cub Foods site Traffic
Study. the cost to provide such services will be as follows:
TllSk
Cost
Task 1 - Data Collection
Task 2 - Traffic Impact Analysis
Task 4 . Agency Coordination
Task S - Report Preparation
Totlll
5800.00
$1,450.00
5500.00
5500.00
$3,250.00
WSB PlVlp"..No. (J47.9I . SupeofSVPka
E:chlblt /l . Pll61 1
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5H.
Council Agenda - 10/12/98
A.
At 1 p.m. on Monday, October 12, 1998, th City will open bids for the project. The
preliminary bid tabulation will be presented to City Council for review immediately prior
to the meeting. This item is being placed 0 the consent agenda assuming that the low
bid amount will be close to the engineer's e timate.
B. AL TERNA TIVE ACTIONS:
1. Motion to adopt a resolution accepti g bid and awarding contract to lowest
responsible bidder as determined on Monday.
2. Motion to deny or table action on th smatter.
C. STAFF RECOMMENDATION:
The City Administrator recommends altern tive # 1.
D. SUPPORTING DATA:
Bid tabulation to be provided on Monday.
11
.
.WSD
& AssocWttsJ Inc.
350 Westwood Lake ffiee
8441 wayzata Boul "ard
Minneapolis. MN 5426
612.541.480
FAX 541.170
61254117011 P.0d/IJ'(
B.A.. Mittclstc:",lt. P .E.
Brct ^' Wcis.\. P .E..
pc{cr R. Walcnbring. P .E..
Donald W. Sterna, P.E.
RQnald B. Bray. P.E.
'12-1998 18: 18
WSB & ASSOCIATES INC.
October 12, 1998
Honorable Mayor and City Council
City of Monticello
PO Box 1147
Monticello MN 55362
Re: 1998 County Road 118
Utility Improvements & Appurtenant Work
for the City of Monticcllo, Wright CO\Ulty. . esota
Deal' Mayor and Council Members:
Bids were received for the above-referenced project at 1 :00 p.m., October 12, 1998, and were opened
and read aloud. A total of seven responsive bids were eceived. C. W. Houle, Inc., Shoreview, MN,
submitted the lowest bid in the amo\Ult of$III,899. 0 for the Base Bid Plus Alternate No. I, The
bids were checked for mathematical accuracy and t \lIated.
'.
Alternate I includes the directional boring of the sanitary sewer. Alternate 2 used open cut
installation. The bids for Alternate I were lower th Alternate 2. Alternate 1 also eliminates the
need to acquire easements for the sanitary sewer. e recommend award of the contract to C. W.
Houle, lnc. using Alternate No.1 in the amount of 111,899.00.
Enclosed for your reference is the bid tabulation.
Sincerely,
~WSB&AB;:t:'ln~ J
! r~l
olm R. Bradford, P .E.
Project Engineer
c: Rick W olfsteller, City of Monticello
.
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InfrastrUctUre E glneers Planners
C:\113400..."""md.bmc
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.
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.
BID 1'1 BULATION
1998 COUNTY ROAD 118 UTILITY IMPROVE!tfENTS
AND APPU flTENANT WORK
MONT CELLO, MN
CITY PRO. ECT NO. 98~23C
WSlJ PROJECT NO. 1134.00
JVSB & Associates, Illc.
Bid Ad/lemll/lIll
seC;ity ~O. l__TOla~ Bi~&_ C; ~
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Bids Opelled: J :00 p.1II
October J 2, 1998
COil tractor
ARCON CONSTRUTION
BARBAROSSA & SONS INC
C W HOULE INC
KUECHLE UNDERGROUND INC
LATOUR CONSTRUCTION INC
-_......------....----------- ~--~ ~...........----- ........-------~~--
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NORTHDALE CONSTRUCTION
........------------.----.-----~---.-------------------................~
R L LARSON
R P UTILITIES INC
~-----~_.......--------- ~
RANDY KRAMER EXCAVATING INC
REDSTONE CONSTRUCTION INC
RICHARD KNUTSON INC
YOLK SEWER & WATER INe
----,--'-.'=----7?:'i--
V ";:1 '(,. S-.21~ I ,
~_.____:~__J.k'L1-7~...j 1.-
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I hereby ce11ify that this is a true and correct tabul tion of the bids as received on October 12, 1998.
John ~. Bradford, P.E.
_.._ I .~ _,.~ ~ - ~'---"'.........,.. '0"'
*Dellotes correctedfigllre
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.
.
Council Agenda - 10/12/98
7.
use.
A. REFERENCE AND BACKGROUN
As you recall, at the previous meeting of th City Council, Council tabled action and sent
the matter back to the Planning Commissio due to a defect in the property notices. The
Planning Commission reviewed the item, re eived considerable information input from
the neighborhood, and altered its recommen ation. Following is the summary provided
for the previous meeting with modifications reflecting the Planning Commission meeting
on October 6, 1998.
MMC Land Company has applied for an am ndment to the City's zoning map or
ordinance which would allow a restaurant to be built on land which is currently zoned
PZM, Performance Zone-Mixed. The prope y is located on the triangular parcel at the
southwest quadrant of the County Highway 5/County Highway 39 intersection. Hawk's
Bar (zoned B-3), the River Mill developme t and A Glorious Church (zoned R-1 and R-
2) adjoin the property to the west. To the e t is the Liberty Savings and the Riverroad
Plaza complex, consisting of a convenience tore, coffee shop, and car wash (zoned
PZM). The City has recently refused to exp d the PZM District to include lube/oil
facilities (a B-3 use) based on an applicatio from owners of the car wash facility.
The PZM District includes commercial uses which are allowed in the B-1 and B-2
Districts. The only food establishments allo ed in those commercial districts would be
smaller cafes and delicatessens. Restaurant are allowed in the B-3 (highway
commercial) District as are other higher inte sity auto related uses such as automobile
repair and auto body shops. This applicatio again opens the issue of the intent and
nature of the PZM District and whether it is ppropriately applied in this area. The PZM
District is intended to provide for a mixed I d use transition area in areas of residential
development. The limited types of commer ial activities in the PZM suggests that it is
not appropriate for higher volume uses or 10 ations.
County Highway 75 has been cited as the hi hest volume county highway in Wright
County. County 39 carries a significant am unt of traffic as well. With exposure and
access to the freeway, PZM, as it was intend d, may not be appropriate for this location.
The option of amendment to allow restauran uses in the PZM would raise the issue of
compatibility in all areas where PZM has be n applied, not just this location. Other uses
of PZM zoning are in and around the downt wn where the principal land use is to be
transitioning from commercial to residential This intent of the PZM zone has been
compromised somewhat in the past few year by the inclusion of convenience stores,
gasoline sales, and car washes--typical high ay commercial land uses--to be included in
the B-2/PZM Districts.
12
Council Agenda - 10/12/98
.
The applicant has provided a site plan whic illustrates an internal road system angling
southeast to northwest which connects the iver Mill area adjacent to Hawk's Bar to the
access street serving Liberty Savings and R verroad Plaza. Proposed parcels to the south
of this internal street (including the propose site for the restaurant) have their principal
exposure to County Highway 75. Lots to t e north of this road have their exposure
internally or to County Highway 39. A zo ng map amendment which rezones the
parcels south of this road to B-3 could be s pported based on adjoining zoning and land
use (B-3 and commercial use to the east, P M and commercial use to the west). Leaving
the lots north of the internal street as PZM ould accommodate the transitional role of
the PZM district between the B-3 area and t e church and residential areas to the east.
B. ALTERNATIVE ACTIONS:
1. Motion to recommend approval of a zoning map amendment which would
establish a B-3 District on the land s uth of the proposed internal street based on a
finding that surrounding land uses d zoning patterns provide support for this
rezoning in accordance with the obj ctives of the City's Comprehensive Plan.
The Planning Commission denied th rezone (1) but did not formally act to
recommend denial of this option.
.
2.
Motion to recommend approval of amendment to the PZM District language
which would include restaurants as c nditional uses in the district based on a
finding that restaurants are compatib e with other PZM uses.
3. Motion to deny any zoning amendm nt action based upon a finding that the PZM
district as currently structured best r gulates the future land uses on this site in
accordance with the Comprehensive Ian.
4. Motion to table action on the zoning endment pending the submission of
additional information.
C. STAFF RECOMMENDATION:
.
The Planning Commission recommended de ial ofthe request on a 3-2 vote based on the
finding that the PZM district as currently st ctured best regulates the future land uses on
this site in accordance with the Comprehensi e Plan. Staff originally leaned toward
alternative #1, rezoning of the south portion fthe site to B-3 (highway commercial).
This area is located near one of the highest tr ffic street intersections in the city. Given
its access and exposure to both the county hi hway system and the freeway, it was our
view that the structure and intent of the B-3 istrict is most consistent with existing and
future conditions in the area and the intent 0 the Comprehensive Plan. In addition, the
internal street provides a natural break betwe n the higher intensity B-3 uses, the
13
Council Agenda - 10/12/98
.
moderate intensity of the PZM district, and church or residential uses to the east.
However, as pointed out at the Planning C mmission meeting, some of the B-3 uses such
as auto body repair may not be appropriate . n this area; therefore, modifying the PZM
standards may be the best choice if Council is inclined to allow restaurants in this area.
D. SUPPORTING DATA:
Exhibit A - Proposed Zoning
Exhibit B - Existing Zoning
Exhibit C - Site Survey/Concept
Exhibit D - Draft Rezoning Ordinance
Exhibit E - Draft PZM Amendment Ordin ce
Exhibit F - Copy of Neighborhood, Reside ts, & Church Members Petitions
Exhibit G - Excerpts from zoning ordinanc --B-3, PZM, and B-2 district regulations
.
.
14
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Exhibit A
Proposed Zoning
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Exhibit D - Draft R zoning Ordinance
ORDINANCE AM NDMENT NO.
City of M nticello
Wright Coun , Minnesota
AN ORDINANCE AMENDING THE MONTI ELLO ZONING MAP BY REZONING
CERT AIN PROPERTY FROM PZM, PERFO MANCE ZONE - MIXED, TO B-3,
HIGHWAY BUSINESS.
THE CITY COUNCIL OF THE CITY OF M NTICELLO, MINNESOTA HEREBY
ORDAINS AS FOLLOWS:
The Official Zoning Map of the City of Monticell is hereby amended by rezoning the following
parcel(s) from PZM, Performance Zone - Mixed, t B-3, Highway Business.
(insert legal description)
The Zoning Administrator is ordered to make the ppropriate amendments to the Official Zoning
Map and to have said Map republished.
This ordinance shall become effective from and a er its passage and publication.
Adopted this 12th day of October, 1998.
ATTEST:
City Administrator
Mayor
7......,
Exhibit E - Draft PZM rdinance Amendment
. NDMENT NO.
.
.
City of M nticello
Wright Coun , Minnesota
AN ORDINANCE AMENDING TITLE 10, C APTER 10, SECTION 8 [H], OF THE
MONTICELLO ZONING ORDINANCE RE ATING TO RESTAURANT USES BY
CONDITIONAL USE PERMIT IN THE PZM PERFORMANCE ZONE-MIXED
DISTRICT.
THE CITY COUNCIL OF THE CITY OF M NTICELLO, MINNESOTA HEREBY
ORDAINS AS FOLLOWS:
Chapter 10, Section 10 [H] is hereby amended to ead as follows:
[H] Restaurants and private clubs and 1 dges serving food and beverages, provided
that:
1.
The proposed uses complie with applicable screening and buffering
standards in compliance wit Chapter 3, Section 2 [0], of this ordinance.
2. Service of prepared food or lcoholic beverages shall be in compliance
with all federal, state, and unicipal regulations.
3. Offices of such use shall be imited to no more that twenty (20) percent of
the gross floor area of the p . ncipal structure.
This ordinance shall become effective from and a r its passage and publication.
Adopted this 12th day of October, 1998.
ATTEST:
City Administrator
Mayor
7.". C-
EXHI IT F
.
We, the undersigned, ask the plannin & zoning and city council members to
DENY any request to rezone the PZM distri ts along the north side of East Hwy 75
between the Monticello.Big Lake Hospital a d Hawk's Bar & Grill.
We are not discouraging B.3 type co mercial growth in our city. Keep it in
the downtown and Highway 25 business co idors and not let it follow us into our
neighborhoods.
Please respect the rights and wishes 0 Monticello residents living in this
area.
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We, the undersigned, ask the planning & zoning and city council members to
DENY any request to rezone the PZM district along the north side of East Hwy 75
between the Monticello-Big Lake Hospital an Hawk's Bar & Grill.
We are not discouraging B-3 type com ercial growth in our city. Keep it in
the downtown and Highway 25 business corri ors and not let it follow us into our
neighborhoods.
Please respect the rights and wishes of onticello residents living in this
area.
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We, the undersigned, ask the plannin & zoning and city council members to
DENY any request to rezone the PZM distric s along the north side of East Hwy 75
between the Monticello-Big Lake Hospital an Hawk's Bar & Grill.
We are not discouraging B-3 type com ereial growth in our city. Keep it in
the downtown and Highway 25 business com on and not let it follow us into our
neighborhoods.
Please respect the rights and wishes of onticello residents living in this
area.
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"B-3" HIGHWAY USINESS DISTRICT
SECTION:
13-1: Purpose
13-2: Permitted Uses
13-3: Permitted Accessory Uses
13-4: Conditional Uses
13-5: Interim Uses
13-1: PURPOSE: The purpose oft4e "B- ," highway business, district is to provide for and
limit the establishment of motor ve icle oriented or dependent commercial and service
activities.
13-2: PERMITTED USES: The followin are permitted uses in a "B-3" district:
[A] All permitted uses as allo ed in a B-1 and B-2 district.
[B] Auto accessory store.
[C]
Commercial recreational u es.
[D] Motels, motor motels, and hotels provided that the lot area contains not less than
five hundred (500) square eet of lot area per unit.
[E] Restaurants, cafes, tea roo s, taverns, and off-sale liquor, provided that the use
is not located within 300 of a residential zone.
(#258,09/26/94)
[F] Private clubs or lodges se ing food and beverages with use being restricted to
members and their guests. Adequate dining room, kitchen, and bar space must
be provided according to s andards imposed upon similar unrestricted customer
operations. The serving 0 alcoholic beverages to members and their guests
shall be allowed, providin that such service is in compliance with applicable
federal, state, and municip 1 regulations. Offices of such use shall be limited to
no more than twenty (20) ercent of the gross floor area of the building.
[G] Taxi terminals, stand, and
[H] Small printing or publishi g business employing six (6) or less persons.
MONTICELLO ZONING ORDINANCE
1-'
13/1
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13-3: PERMITTED ACCESSORY US S: The following are permitted accessory uses in a
"B-3" district:
[A)
All permitted accessory ses as allowed in a "B-2," limited business, district.
[BJ Adult Use/Accessory
(#217,01/13/92)
13-4: CONDITIONAL USES: The foll wing are conditional uses in a "B-3" district:
(Requires a conditional use permi based upon procedures set forth in and regulated by
Chapter 22 of this ordinance.)
[AJ Drive-in and convenienc food establishments provided that:
1. The architectural a pearance and functional plan of the building and site
shall not be so diss'milar to the existing buildings or area as to cause
impairment in prop rty values or constitute a blighting influence within a
reasonable distance of lot.
2. At the boundaries 0 a residential district, a strip of not less than five (5)
feet shall be landsc ped and screened in compliance with Chapter 3,
Section 2 [G], of this ordinance.
3.
Each light standard sland and all islands in the parking lot landscaped or
covered.
4. Parking areas shall e screened from view of abutting residential districts
in compliance with hapter 3, Section 2 [G], of this ordinance.
5. Parking areas and dr veways shall be curbed with continuous curb not less
than six (6) inches h'gh above the parking lot or driveway grade.
6. Vehicular access poi ts shall be limited, shall create a minimum of
conflict with throug traffic movements, shall comply with Chapter 3,
Section 5, of this ord nance, and shall be subject to the approval of the
City Engineer.
7. All lighting shall be ooded and so directed that the light source is not
visible from the pubrc right-of-way or from an abutting residence and
shall be in complianc with Chapter 3, Section 2 [H), of this ordinance.
8. The entire area shall ave a drainage system which is subject to the
approval of the City ngmeer.
9.
The entire area other t an that occupied by buildings or structure or
plantings shall be sur ced with a material which will control dust and
drainage and which is subject to the approval of the City Engineer.
MONTICELLO ZONING ORDINANCE
--ID
13/2
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10. All signing and in ormational or visual communication devices shall be in
compliance with hapter 3, Section 9, of this ordinance.
11. The provisions of hapter 22 of this ordinance are considered and
satisfactorily met.
[B] CARWASHES (DRIVE THROUGH, MECHANICAL, AND SELF-SERVICE)
PROVIDED THAT:
1. The architectural a pearance and functional plan of the building and site
shall not be so diss milar to the existing buildings or area as to cause
impairment in prop rty values or constitute a blighting influence within a
reasonable distance of the lot.
2. Magazining or stac ing space is constructed to accommodate that number
of vehicles which c be washed during a maximum thirty (30) minute
period and shall be ubject to the approval of the City Engineer.
3. At the boundaries 0 a residential district, a strip of not less than five (5)
feet shall be landsc ped and screened in compliance with Chapter 3,
Section 2 [G], of this ordinance.
4. Each light standard sland and all islands in the parking lot landscaped or
covered.
5.
Parking or car maga ine storage space shall be screened from view of
abutting residential istricts in compliance with Chapter 3, Section 2 [G],
of this ordinance.
6. The entire area othe than occupied by the buildings or plantings shall be
surfaced with materi I which will control dust and drainage which is
subject to the appro al of the City Engineer.
7. The entire area shall ave a drainage system which is subject to the
approval of the City ngmeer.
8. All lighting shall be ooded and so directed that the light source is not
visible from the pub 1 c right-of-way or from an abutting residence and
shall be in complian e with Chapter 3, Section 2 [H], of this ordinance.
9. Vehicular access poi ts shall be limited, shall create a minimum of
conflict with through traffic movement and shall be subject to the approval
of the City Engineer.
10. All signing and info ational or visual communication devices shall be in
compliance with Cha ter 3, Section 9, of this ordinance.
MONTICELLO ZONING ORDINANCE
--II
13/3
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11. Provisions are mad to control and reduce noise.
12. The provisions of hapter 22 of this ordinance are considered and
satisfactorily met.
[C] MOTOR FUEL STATIO , MOTOR FUEL STATION/CONVENIENCE
STORE, AUTO REPAI MINOR, AND TIRE AND BATTERY STORES
AND SERVICE PROVI ED THAT;
1. Regardless of whet er the dispensing, sale, or offering for sale of motor
fuels and/or oil inci ental to the conduct of the use or business, the
standards and requi ements imposed by this ordinance for motor fuel
stations shall apply. These standards and requirements are, however, in
addition to other re uirements which are imposed for other uses of the
property .
2. The architectural ap earance and functional plan of the building and site
shall not be so dissi ilar to the existing buildings or area as to cause
impairment in prope y values or constitute a blighting influence within a
reasonable distance f the lot.
3. The entire site other than that taken up by a building, structure, or
plantings shall be su faced with a material to control dust and drainage
which is subject to t e approval of the City Engineer.
4.
A minimum lot area of twenty-two thousand five hundred (22,500) square
feet and minimum 10 dimensions of one hundred fifty (150) feet by one
hundred thirty (130) eet.
5. A drainage system s bject to the approval of the City Engineer shall be
installed.
6. A curb not less than ix (6) inches above grade shall separate the public
sidewalk from motor vehicle service areas.
7. The lighting shall be ccomplished in such a way as to have no direct
source of light visibl from adjacent land in residential use or from the
public right-of-way a d shall be in compliance with Chapter 3, Section
2 [H], of this ordinan e.
8. Wherever fuel pumps are to be installed, pump islands shall be installed.
9. At the boundaries of residential district, a strip of not less than five (5)
feet shall be landscap d and screened in compliance with Chapter 3,
Section 7 [G], of this rdinance.
10. Each light standard I dscaped.
MONTICELLO ZONING ORDINANCE
-I)"
13/4
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11. Parking or car maga ine storage space shall be screened from view of
abutting residential istricts in compliance with Chapter 3, Section 2 [G],
of this ordinance.
12. Vehicular access poi ts shall create a minimum of conflict with through
traffic movement, sh 11 comply with Chapter 3, Section 5, of this
ordinance, and shall e subject to the approval of the City Engineer.
13. All signing and info ational or visual communication devices shall be
minimized and shall e in compliance with Chapter 3, Section 9, of this
ordinance.
14. Provisions are made 0 control and reduce noise.
15. No outside storage e cept as allowed in compliance with Chapter 13,
Section 4, of this ord nance.
16. Sale of products othe tha~ those specifically mentioned in Chapter 13,
Section 4, be subject to a conditional use permit and be in compliance with
Chapter 13, Section [F], of this ordinance.
17. All conditions pertai ing to a specific site are subject to change when the
Council, upon invest'gation in relation to a formal request, finds that the
general welfare and ublic betterment can be served as well or better by
modifying the condit ons.
18. The provisions of Ch pter 22 of this ordinance are considered and
satisfactorily met.
[D] New and used automobile/l ght truck sales and display provided that:
1. The enclosed princip I use (sales and display office) is a minimum of
4,500 square feet, ex luding the area used for mechanical repair and
reconditioning.
2. Outside sales and dis lay areas are fenced or screened from view of
neighboring residenti I uses or an abutting "R" district in compliance with
Chapter 3, Section 2 [ ], of this ordinance.
3. All lighting shall be h oded and so directed that the light source shall not
be visible from the pu lic right-of-way or from neighboring residences,
and shall be in compliance with Chapter 3, Section 2 [H], of this
ordinance.
4. The outside sales and isplay area shall be hard surfaced.
5.
The outside sales and isplay area does not utilize parking spaces which
are required for confo ance with this ordinance.
MONTICELLO ZONING ORDINANCE
13/5
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6. Vehicular access po in s shall create a minimum of conflict with through
traffic movement, sha I comply with Chapter 3, Section 5, of this
ordinance, and shall e subject to the approval of the City Engineer.
7.
There is a minimum I t area of twenty-two thousand five hundred
(22,500) square feet d minimum lot dimensions of one hundred fifty
(150) feet by one hun red thirty (130) feet.
8. A drainage system su ~ect to the approval of the City Engineer shall be
installed.
9. All signing shall be i compliance with Chapter 3, Section 9, of this
ordinance.
10. The provisions of Ch pter 22 of this ordinance are considered and
satisfactorily met.
[E] Open and outdoor storage s a principal or accessory use provided that:
1. The area is fenced an screened from view of neighboring residential uses
or if abutting an "R" istrict in compliance with Chapter 3, Section 2 [G],
of this ordinance.
2.
Storage is screened f: om view from the public right-of-way in compliance
with Chapter 3, Secti n 2 [G], of this ordinance.
3. Storage area is grass d or surfaced to control dust.
4. All lighting shall be ooded and so directed that the light source shall not
be visible from the right-of-way or from neighboring residences and shall
be in compliance wi Chapter 3, Section 2 [H], of this ordinance.
5. Does not take up par ing space as required for conformity to this
ordinance.
6. The provisions of C apter 22 of this ordinance are considered and
satisfactorily met.
[F] Open or outdoor service, s Ie, and rental as a principal or accessory use and
including sales in or from otorized vehicles, trailers, or wagons provided that:
1. Outside services, sal s and equipment rental connected with the principal
uses is limited to thi y (30) percent of the gross floor area of the principal
use. This percentag may be increased as a condition of the conditional
use permit.
2.
Outside sales areas e fenced or screened from view of neighboring
residential uses or a utting "R" district in compliance with Chapter 3,
Section 2 [G], ofthi ordinance.
MONTICELLO ZONING ORDINANCE
13/6
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3. All lighting shall be ooded and so directed that the light source shall not
be visible from the p blic right-of-way or from neighboring residences and
shall be in complian e with Chapter 3, Section 2 [H], of this ordinance.
4.
Sales area is grassed r surfaced to control dust.
5. Does not take up par ing space as required for conformity to this
ordinance.
6. The provisions of Ch pter 22 of this ordinance are considered and
satisfactorily met.
[G] Accessory, enclosed retail, ental, or service activity other than that allowed as a
permitted use or condition 1 use within this section provided that:
1. Such use is allowed s a permitted use in a "B-1" or "B-2" district.
2. Such use does not co stitute more than thirty (30) percent of the lot area
and not more than fi y (50) percent of the gross floor area of the principal
use.
3. Adequate off-street p king and off-street loading in compliance with the
requirements of Chap er 3, Sections 5 and 6, of this ordinance is provided.
4.
All signing and info ational or visual communication devices shall be in
compliance with Cha ter 3, Section 9, of this ordinance.
5. The provisions ofCh pter 22 of this ordinance are considered and
satisfactorily met.
[H] Shopping Center.
[I] Animal Pet Clinics.
1. Annual inspection by City's health officer at owner's expense.
2. All pets must be leas ed.
3. Treatment to be limit d to household pets.
[1] Pet hospitals with the folIo ing condition:
1. No outside pens or ke
2. Annual inspection by ity Health Officer at owner's expense.
3.
All animals must be 1 ashed.
4. Treatment would be Ii ited to small domesticated animals.
MONTICELLO ZONING ORDINANCE
13/7
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5. Side yard setbacks w uld be 20 feet instead of 10 feet.
6. No outside storage 0 carcasses.
[K]
Commercial storage contai ed entirely within a building.
[L] Commercial planned unit d velopment as regulated by Chapter 20 of this
ordinance.
[M] Consignment auction sales ndJor auction sales.
1. The architectural app arance and function plan of the building and site
shall not be so dissim'lar to the existing buildings or area as to cause
impairment in prope values or constitute a blighting influence within a
reasonable distance 0 the lot.
2. At the boundaries of esidential districts, a strip of not less than 5 feet shall
be landscaped and sc eened in compliance with Chapter 3, Section 2 [0],
of this ordinance.
3. Any light standard is ands and all islands in the parking lot shall be
landscaped or covere
4.
Parking areas shall b screened from view of abutting residential districts
in compliance with C apter 3, Section 5 [0], of this ordinance.
5. Parking areas and dri eways shall comply with Chapter 3, Section 5 [D].
6. Vehicular access poi ts shall be limited, shall create a minimum of
conflict through traf c movements, shall comply with Chapter 3, Section
5, of this ordinance, nd shall be subject to the approval of the City
Engineer.
7. All lighting shall be ooded and so directed that the light source is not
visible from the publ c right-of-way or from an abutting residence and
shall be in complianc with Chapter 3, Section 2 [H], of this ordinance.
8. The entire area shall ave a drainage system which is subject to the
approval of the City ngmeer.
9. All signing and info ation or visual communication devices shall be in
compliance with Cha ter 3, Section 9.
10. The provisions of Ch pter 22 of this ordinance are considered and
satisfactorily met.
MONTICELLO ZONING ORDINANCE
13/8
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.
11. All conditions pertai ing to a specific site are subject to change when the
Council, upon invest" gation in relation to a formal request, finds that the
general welfare and ublic betterment can be served as well or better by
modifying the condit ons.
12. Outside sales areas e fenced or screened from view of neighboring
residential uses or ab tting residential districts in compliance with
Chapter 3, Section 2 0], of this ordinance.
13. Outside sales connec ed with the principal use is limited to 30% of the
gross floor area ofth principal building. This percentage may be
increased as a conditi n of the conditional use permit.
14. Outside sales may no take up parking space as required for conformity to
the ordinance require ent.
15. No pets or livestock ay be sold at this auction sales facility.
16. Provisions must be m de to control and reduce noise when adjacent to a
residential zoning dis rict.
17. All outside storage s 11 be effectively screened from public view in
accordance with Cha ter 3, Section 2 [G], and limited to 10% of the gross
floor area of the princ'pal use building.
[N]
Outdoor go-kart tracks pro ided that:
I. The proposed use mu t meet all conditions of Chapter 3, Section 4 [A].
2. The conditional use p rmit will be reviewed yearly to determine whether
or not it is compatible with neighboring properties and in conformance
with conditions of the conditional use.
3. A solid wood, six-foo high fence must be part of the screening required
when the adjacent pro erty is residential.
4. For dust and noise (7 DB at residential property line) must be controlled
at all times to the sati faction of the City.
5. The provisions ofCh pter 22 of this ordinance are considered and
satisfactorily met.
[0] Day-care centers provided tat:
1.
No overnight facilitie are provided for children served and that said
children are delivered and removed daily.
MONTICELLO ZONING ORDINANCE
13/9
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.
An outdoor recreatio al facility shall be appropriately separated from the
parking lot and drivi g areas by a wood fence not less than 4 feet in height
or Council approved ubstitute, and shall be located continuous to the day-
care facility, and shal not be located in any yard abutting a major
thoroughfare, and sh 11 not have an impervious surface for more than one-
half of the playgroun area, and shall extend at least 60 feet from the wall
of the building or to adjacent property line, whichever is less, or shall
be bound on not mor than two sides by parking and driving areas. A
minimum size of the utside recreational facility shall be 2,000 sq. ft., or
in the alternative 75 sq. ft. per child at licensed capacity, whichever is the
greater figure.
2.
3.
The regulations and
Services and Depart
adopted, amended,
onditions of the MilU1esota Department of Human
ent of Health, Public Welfare Manual 11-31-30 as
dJor changed, are satisfactorily met.
4. A written indication fpreliminary, pending, or final license approval
from the regulatory a encies is supplied to the City of Monticello.
(#152,9/22/86)
[P] Auto body shop repair pro ided that:
1. Door opening to se ce area garage must not face street frontage.
2.
Vehicle storage area imited to 50% of floor space of the structure housing
the auto body shop.
3. All vehicles being se iced and all vehicle parts must be stored inside or in
vehicle storage area.
4. Vehicle storage area hall be enclosed by enclosure intended to screen the,
view of vehicles in s orage from the outside. Enclosure shall consist of a
six-foot high, 100% paque fence designed to blend with the auto body
shop structure and c nsisting of materials treated to resist discoloration.
5. The floor of the vehi Ie storage area shall consist of asphalt or concrete
pavmg.
6. No work on vehicles or vehicle parts shall be conducted outside the
confines of the auto ody shop.
7. The advertising wall facing the public right-of-way shall consist of no
more than 50% meta material.
The secondary or no -advertising wall facing a public right-of-way shall
utilize a combinatio of colors or materials that serve to break up the
monotony of a singl color flat surface.
8.
MONTICELLO ZONING ORDINANCE
13/10
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9. The development sh 11 conform to minimum parking and landscaping
requirements of the z ning ordinance.
10. No conditional use p rmit shall be granted for an auto body shop within
600 feet of a resident al or PZM zone existing at the time the conditional
use permit is granted.
(#175,4/24/89)
[Q] Restaurants, cafes, tea roo s, taverns, and off-sale liquor located within 300 ft
of a residential zone provid d that:
1. Primary access must ot be through residential street(s).
(#258,9/26/94)
[R] Governmental and public u ility buildings and structures necessary for the
health, safety, and general elfare of the community provided that:
1. Conformity with the urrounding neighborhood is maintained and required
setbacks and side yar requirements are met.
2. Adequate screening fi om neighboring uses and landscaping is provided in
accordance with Cha ter 3, Section 2, of this ordinance.
3.
The provisions of Ch pter 22 of this ordinance are considered and
satisfactorily met.
(#300, 12/8/97)
13-5: INTERlM USES: The following ar interim uses in a "B-3" district (requires an interim
use permit based upon procedures se forth in and regulated by Chapter 22 of this
ordinance ).
[A] Trucking and Trucking Se ice provided that:
1. The architectural app arance and functional plan of the building and site
shall not be so dissim lar to the existing, conforming buildings or areas as
to cause impairment i property values or constitute a blighting influence
within the district in hich the proposed use is located.
2. Parking areas shall be screened from view of abutting residential districts
in compliance with C apter 3, Section 2, ofthis ordinance.
3. The entire site, other han that taken up by a building, structure, or
plantings, shall be sur aced with a material to control dust and drainage,
which is subject to th approval of the City Engineer.
4.
The site shall meet m'nimum lot dimension requirements of the District.
5. No outside storage ex ept as allowed in compliance with Chapter 13,
Section 4[E], ofthis 0 dinance.
MONTICELLO ZONING ORDINANCE
13/11
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6. Parking areas accessible to the public, including customers and employees,
shall be paved in co pliance with Chapter 3, Section 5, of this ordinance.
7. No more than six tho sand (6,000) square feet of the site shall be devoted
to the storage, parkin ,and/or circulation of semi-tractors and trailers, as
illustrated on a site p an submitted in connection with an application for a
conditional use perm t.
8. All service activities shall occur within the principal building or approved
accessory buildings.
9. The provisions ofC apter 22 of this ordinance are considered and
satisfactorily met.
(#304, 1/12/98)
MONTICELLO ZONING ORDINANCE
13/12
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SECTION:
10-1 :
10-2:
10-3:
10-4:
10-5:
10-6:
10-7:
10-8:
10-9:
10-10:
10-1 :
"PZ-RESIDENTIAL & PZ- IXED" ZONING DISTRICTS
Purpose
General Description
PZR, Permitted Uses
PZR, Permitted Accessory Uses
PZR, Conditional Uses
PZM, Permitted Uses
PZM, Permitted Accessory Uses
PZM, Conditional Uses
Procedure
Compliance
PURPOSE: The purpose of the "P ," Performance Zoning, districts is to allow for
development flexibility and special esign control within sensitive areas of the city due to
environmental or physicallimitatio s. The performance zoning districts also attempt to
create a reasonable balance between the interest of the property owner in freely
developing his property and at the s e time protect the interest of surrounding
properties in the following ways:
[A] By encouraging a more cre tive approach in commercial and housing
developments that will res It in quality living environments through innovative
design and aesthetic contro s;
[B] By permitting a combinatio of housing types and styles, including single
family, two-family, and mu tiple family dwellings, with the exception of mobile
homes;
[C] By allowing flexibility in d sign by permitting cluster developments and a
variety of architectural styl s and treatments;
[D] By allowing flexibility in s tback and height restrictions.
[E] By providing an efficient u e of land resulting in more cost efficient installation
of utilities, streets, and othe facilities;
[F] By encouraging the preserv tion of common open space, recreational facilities,
natural features such as wo dland, wetland, and flood plain;
[G]
By contributing to the tax b se of the community without making undue
demands on the community services;
MONTICELLO ZONING ORDINANCE
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10/1
I. ___
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[H]
By providing the means r greater flexibility in environmental design than is
provided under the strict pplication of the Monticello Zoning Ordinance and
Subdivision Ordinance wile at the same time preserving general welfare of the
city of Monticello and its inhabitants.
10-2: GENERAL DESCRIPTION: It h s been determined that within certain unique areas of
the community, the precise design tion of acceptable land use and the geographic
definition of such activities cannot be accomplished without detailed analysis of land use,
construction costs, and improveme t feasibility and costs, market conditions, and
financing. In such cases, in order t allow property owners the opportunity to pursue the
highest and best use of their land ithin the constraints of environmental and physical
limitations, the "PZ", performance oning, districts have been created. To further define
the intent of performance zoning, t 0 separate districts have been created as follows:
[A] "PZ-RESIDENTIAL ZO fNG DISTRICT": The purpose of the "PZ-
Residential Zoning Distri t" is to provide a harmonious mixture of different
residential land uses in a anner which best utilizes the development potential
of the land and natural en ironment, existing adjacent and future adjacent land
uses.
[B] "PZ-MIXED USE ZONI G DISTRICT": The purpose of the "PZ-Mixed Use
Zoning District" is to prov de a land use transition between high density
residential land uses and I w intensity business land uses, as well as the
intermixing of each such I nd use.
10-3:
PERFORMANCE ZONE-RESIDE TIAL ("PZR")
PERMITTED USES: Only the foIl wing uses are permitted uses within a PZR district:
[A] Those uses listed as permi ed uses within the R-I zoning district. Standards
shall be as contained therei .
[B] Those uses that exist prior 0 the adoption of this chapter.
[C] A permitted use shall be re ulated by the terms and conditions of this ordinance
as they pertain to an R -I di tri ct.
10-4: PZR PERMITTED ACCESSORY SES: Only the following uses are permitted
accessory uses within a PZR district
[A] Those uses listed as permitt d accessory uses in the R-I zoning district.
[B] A permitted accessory use hall be regulated by the terms and conditions of this
ordinance as they pertain to an R -I district.
10-5:
PZR CONDITIONAL USES: Only he following uses are conditional uses within a PZR
district:
MONTICELLO ZONING ORDINANCE
10/2
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[A] Those uses listed as con itional uses in the R-3 zoning district and as regulated
therein except as modifie in this chapter.
[B]
FINDINGS OF FACT: rior to granting of a conditional use permit, the City
Planning Commission an City Council shall make the following findings of
fact. In the event that the applicant shall submit insufficient materials for the
City to make informed fi dings of fact, the City staff and Planning Commission
shall request additional i formation pursuant to Chapter 22 of this ordinance.
1. The proposed proje t is consistent with the spirit and intent of the
Monticello Compre ensive Plan goals and policies and in keeping with the
intent of the Monti ello Zoning Ordinance.
2. The proposed proje t is consistent with the purpose of the performance
zoning ordinance a outlined in Section 1 of this chapter.
3. The proposed proje t will not have any adverse impacts as outlined in
Chapter 22 of this 0 dinance.
4. The proposed proje t shall meet minimum screening and landscaping
requirements as out ined in Chapter 3, Section 2 [G].
5.
The proposed proje t shall provide adequate parking pursuant to Chapter
1, Section 5, of this rdinance and off-street loading pursuant to Chapter 3,
Section 6, of this or inance.
6. The proposed proje t shall provide a wider range of housing types, price
ranges, and styles w thin the community.
7. The proposed projec will provide amenities and facilities and open spaces
greater than the min mum requirements under alternative zoning.
8. The proposed projec shall in no way be detrimental to the environment.
Scenic aspects and n tural features such as streams, trees, topography, and
geological features s all be protected and preserved to the greatest extent
possible.
9. The proposed projec shall not impose any undue burden upon the public
services and facilitie such as fire, police, schools, streets, water, sanitary
sewer, and storm se er.
10. The proposed projec is designed in such a manner to form a desirable and
unified environment ithin its own boundaries and also which will not be
detrimental to future land uses in the surrounding areas. Architecture and
site treatments shall e compatible with adjacent structures and site plans
and shall respect the rivacy of neighboring homes and/or businesses.
MONTICELLO ZONING ORDINANCE
...__1.
10/3
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11. Findings of fact su mitted by the Planning Commission to the City
Council shall addre s additional requirements necessary to make the
project in complian e with this chapter in all areas where the Planning
Commission feels t e proposed project is lacking.
[C]
STANDARDS: Except a specifically provided herein, there shall be no fixed
standards for conditional ses within the residential performance zoning district.
In their review, the City s all take into account standards that are contained in
other sections of this ordi ance that most closely resemble those that would
apply to a similar use if it were proposed in a district other than the performance
zone.
[D]
PROJECT REVIEW PR CESS: The following are guidelines for reviewing
projects within the PZ-Re idential zoning district. Procedures for the review of
such proposals shall be as outlined in the PUD chapter of the Monticello Zoning
Ordinance. The City staf and Planning Commission shall review the project
and give recommendation so as to permit the City Council to make informed
findings of fact as outline above.
.
Variance from these guide ines may be permitted when site specific conditions
and specific proposal ele ents show that a strict interpretation of the guidelines
will either place undue h dship on the developer or will be detrimental to
adjacent properties. In no case shall standards be reduced so that the findings of
fact outlined above cannot be achieved, AND in no case shall the guidelines
prevent the City from requ'ring greater standards when specific conditions
outlined above must be sat'sfied.
1. Setback Guidelines:
(a) The followin guidelines shall serve as a starting point in the
discussion of setbacks and structures from property lines and
existing adja ent structures. The following table represents
guidelines fo side yard setbacks for principal structures based on
the type of pr posed structures as well as the adjacent use:
PROPOSED USE
Less than Less than More than
Existing Use F. 5 units 9 units 9 units
S.F. 10 ft. 15 ft. 20 ft. 25 ft.
Less than 5 units 15 ft. 15 ft. 20 ft. 20 ft.
Less than 9 units 20 ft. 20 ft. 20 ft. 20 ft.
. More than
9 units 2 ft. 20 ft. 20 ft. 25 ft.
MONTICELLO ZONING ORDINANCE 10/4
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(b)
Site specific conditions such as topography, existing and proposed
vegetation, nd visibility from other properties may warrant
increasing t ese standards. Setbacks shall not be reduced below
those set fo h in the applicable zoning district.
(c) The front y d guidelines shall be as described in Chapter 3,
Section 3,0 this ordinance.
(d) The rear yar setback shall be 30 feet unless natural topography
shall dictate greater setback. The applicant shall preserve
vegetation a d minimize grading to the extent that consideration is
given to thes features.
(e) When projec s propose to construct more than one principal
structure on t e same lot, the above guidelines shall apply to the
perimeter of he site. Internal setbacks shall give due regard to
such conside ation as fire protection and public safety, traffic
visibility at c' rculation intersections. Reduction of internal
standards sha I be permitted if the applicant can demonstrate that
external setb ks are adequate and that the reduction is used to
enhance the I yout or shall preserve significant natural features.
2. Density Requirement
(a)
Density calcu ations shall be based on the zoning requirements of
the district th project would be zoned for if conventional zoning
were applied. The following is a summary of these requirements.
Minimum Lot Area
R-l
R-2
Townhouse
Multiple
12,000 sq ft/unit
6,000 sq ft/unit
5,000 sq ft/unit
10,000 sq ft for 1 st unit plus
2,000 sq ft for 1 bedroom units
3,000 sq ft for 2 bedroom units
(b) In applying th se standards, credits for innovative construction
methods or pr vision of amenities above normal construction may
be permitted. he following is a list of density credits.
1.
n.
ation Natural Features-- When the project will
prese e significant natural features, the area preserved
may b deducted from the required lot area. This
deduc ion shall not include required setbacks.
MONTICELLO ZONING ORDINANCE
10/5
111.
Ad itional La d ca . n --When the project provides for
Ian scaping above and beyond the normal requirements, a
de sity allowance shall be permitted. The extent of the
cre it shall be determined by evaluating the visibility of
the project from adjacent parcels and similar projects
wit in the city.
.
IV. Us ble Recreational ace-- When the project provides
usa Ie recreational open space above the normal
req irement of 500 sq ft per unit, that area may also be
ded cted from the lot area requirement.
v. nn vative Housin --When the project shall propose
inn vative housing opportunities, a reduction of the site
req irements may be permitted. Such innovations must
be emonstrated such that this type of housing would not
be easible without a density credit. Financial feasibility
alo e shall not be considered unless the applicant can
de onstrate that the housing will benefit low and/or
mo erate income households.
(c)
1.
Un er special conditions, the City may consider requiring
add tional area requirements to ensure the preservation of
sig ificant natural site features, when utility demands will
pia e a burden on public facilities, and when projected
tra lC counts are greater than the carrying capacity of the
su ounding transportation system.
.
11. Wh n imposing negative credits, the City shall base such
det rmination on studies prepared by qualified
pro essional City staff or consultants.
Wh n such conditions may warrant, the staff shall direct
the pplicant to have prepared such studies that will
de onstrate that these issues will in fact not cause a
neg tive impact to the health, safety, and general welfare
oft e city. Should the Planning Commission or the City
Co ncil feel that these issues have not been properly
add essed, they shall withhold any approval until such
tim as the applicant or City staff has prepared the
nec ssary studies.
3.
Surrounding Propert Owners:
.
Surrounding propert owners shall be notified in writing of any proposed
developments. App icants shall be encouraged to meet with property
owners prior to pub I c hearings or whenever such a meeting will allow
MONTICELLO ZONING ORDINANCE
10/6
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.
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better involvement 0 neighbors in the review process. While complete
consent of adjacent p operty owners shall not be mandatory for approval
of projects develope under the PZ-Residential zoning, involvement with
adjacent owners shall be encouraged through all steps within the approval
process.
4.
Submission Require ents, Amendments, and Special Requirements:
(a) All applicants shall submit final building plans to the City prior to
the granting 0 permits. No changes to the plans shall be permitted
without conse t from the City Council. All requirements as a
condition of a pro val shall be addressed in the final developers
agreement an indicated on all appropriate plans. City staff shall
inspect the w rk during construction to assure that such plans are
followed.
(b) The City Cou cil may at its discretion place special requirements
that will ensur the complete construction of all requirements.
Such conditio s may include performance bonds, time limitations
for commence ent of the work, and limitations on the hours of
construction.
(c)
When areas ar to be preserved by the developer, the City may
require that su h areas be fenced during construction to assure that
equipment wil not damage preservation areas.
10-6: PERFORMANCE ZONE-MIXED ( ZM) PERMITTED USES: Only the following uses
are permitted uses within a PZM dis ict:
"PZ-MIXED ZONI G DISTRICT"
[A] Those uses listed as permitt d uses within the R-3 zoning district subject to the
standards contained therein.
[B] Club or lodge without the se ing of food or beverages.
(#226, 6/8/92)
[C] A permitted use shall be reg lated and controlled by the terms, conditions, and
provisions of this ordinance s they pertain to an R-3 district.
10-7: PZM: PERMITTED ACCESSORY SES: Only the following uses are permitted
accessory uses within a PZM district.
[A] Those uses listed as permitt d accessory uses in the R-3 zoning district.
[B]
A permitted accessory use s all be regulated and controlled by the terms,
conditions, and provisions 0 this ordinance as they pertain to an R-3 district.
MONTICELLO ZONING ORDINANCE
10/7
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10-8: PZM: CONDITIONAL USES: 0 ly the following uses are conditional uses in a PZM
district.
[A]
Those uses listed as condi ional uses in the R-3 zoning district and as regulated
therein except as modified in this chapter.
[B] Hospitals, medical offices nd clinics, dental offices and clinics, professional
offices and commercial (le sed) offices (limited to appraisers, architects,
attorneys, certified public ccountants, clergymen, dentists, engineers,
manufacturers representati es, physicians, real estate agents, and other similar
uses which have no storag of merchandise and are service oriented with no
retail sale of goods on the remises), and funeral homes and mortuaries provided
that:
1. When abutting R-1, -2, R-3, or PZR district, a buffer area with screening
and landscaping in c mpliance with Chapter 3, Section 2 [0], shall be
erected.
[C] Nursing homes and simila group housing, but not including hospitals,
sanitariums, or similar inst tutions, provided that:
1. Side yards are doubl the minimum requirements established for this
district and are scree ed in compliance with Chapter 3, Section 2 [0], of
this ordinance.
2.
One (1) off-street 10 ding space in compliance with Chapter 3, Section 6,
of this ordinance is i stalled.
[D] Parking facilities for adjac nt commercial or multiple dwelling establishments
provided that:
1. Screening of abuttin residential uses and landscaping is provided in
compliance with Ch pter 3, Section 2 [0], of this ordinance.
[E] Retail commercial activiti s as listed in Chapter 12, Section 2, of this ordinance,
provided that
1. Merchandise is sold t retail only.
2. The procedures outli ed hereinafter are complied with in full.
[F] Buildings combining resid ntial and non-residential uses allowed in this district
provided that:
1.
Residential and non- esidential uses shall not be contained on the same
floor.
2. The procedures outli ed hereinafter are complied with in full.
MONTICELLO ZONING ORDINANCE
10/8
[G] Senior citizen housing pro ided that:
1. Not more than ten (1 ) percent of the occupants may be persons sixty (60)
. years of age or under (spouse of a person over sixty (60) years of age or
caretakers, etc.).
2. Except for caretaker its, occupancy shall be limited to man and wife,
blood relatives, or a s'ngle man or single woman.
3. To continue to quali for the senior citizen housing classification, the
owner or agent shall ually file with the City Administrator or the
Building Inspector a ertified copy of a monthly resume of occupants of
such a multiple dwell ng, listing the number of tenants by age and clearly
identifying and settin forth the relationship of occupants sixty (60) years
of age or under to qu lified tenants or to the building.
4. One (1) off-street loa ing space in compliance with Chapter 3, Section 6,
of this ordinance is in taIled.
5. Elevator service is pr vided to each floor level.
6. Usable open space as efined in Chapter 2, Section 2, of this ordinance, at
a minimum, is equal t twenty (20) percent of the gross lot area.
. 7. The site of the main e trance of the principal use is served or is located
within four hundred ( 00) feet of regular transit service.
8. The site of the main e trance of the principal use is within four hundred
(400) feet of commer ial shopping development or adequate provision for
access to such faciliti s is provided.
[H] Private clubs and lodges se ing food and beverages provided that:
1. Such use shall be rest icted to members and their guests.
2. Adequate dining roo ,kitchen, and bar space must be provided according
to standards imposed n similar unrestricted customer operations. The
serving of alcoholic b verages to members and their guests shall be
allowed, providing th t such service is in compliance with applicable
federal, state, and m icipal regulations.
3. Offices of such use sh II be limited to no more than twenty (20) percent of
the gross floor area of he principal structure.
[I] Bed and breakfast facilities rovided that:
.
1.
Bed and breakfast ope ations shall be limited to residential structures
existing prior to the da e of this ordinance.
MONTICELLO ZONING ORDINANCE
10/9
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'"
2. When abutting R-l, -2, R-3, or PZR district, a buffer area with screening
and landscaping shal be provided in compliance with Chapter 3,
Section 2 [G], of the Monticello Zoning Ordinance.
3.
Adequate off-street arking and an access shall be provided in the form of
one parking space pe rental unit plus one space for each ten rental units
and one space for ea h employee on each shift.
4. Food served on the p emises may be served only to overnight guests ofthe
bed and breakfast.
5. The owner, operator, or manager of the bed and breakfast shall reside on
the premises.
6. Activities shall be Ii ited to those customary to the operation of a bed and
breakfast facility. C mmercial use of the property for other activities not
normally associated ith the operation of a bed and breakfast such as
wedding receptions, arties, etc., are not allowed under this conditional
use permit.
7. Material used for the parking area shall consist of dust and erosion
resistant materials th t will not cling to vehicle tires and track onto public
streets. The material used shall also be capable of supporting vehicular
traffic.
8.
Operation of the bed d breakfast facility shall comply with all state
regulations governin such facilities.
(#180,8/14/89)
[J] Dry cleaning processing pr vided that:
1. Dry cleaning operati n must meet all OSHA safety standards.
2. Dry cleaning operati n shall be self-contained in terms of noise and fumes
with no venting to ou side of building.
3. Dry cleaning facility hall have direct access to major thoroughfare via
driveway or frontage oad.
4. Screening of abutting residential uses and landscaping must be in
compliance with Cha ter 3, Section 2 [G], of the zoning ordinance.
5. Voice amplifiers use in conjunction with drive- through process shall not
be audible to adjoini g residential areas.
MONTICELLO ZONING ORDINANCE
o
10/10
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[K] Car wash activity provide that:
1.
The architectural ap earance and functional plan of the building and site
shall not be so dissi ilar to the existing buildings or area as to cause
impairment in prope y values or constitute a blighting influence within a
reasonable distance f the lot.
2. Magazining or stack'ng space is constructed to accommodate that number
of vehicles which ca be washed during a maximum thirty (30) minute
period and shall be s bject to the approval of the City Engineer.
3. At the boundaries of a residential district, a strip of not less than five (5)
feet shall be landsca ed and screened in compliance with Chapter 3,
Section 2 [G], ofthi ordinance.
4. Each light standard i land and all islands in the parking lot landscaped or
covered.
5. Parking or car maga . ne storage space shall be screened from view of
abutting residential istricts in compliance with Chapter 3, Section 2 [G],
of this ordinance.
6.
The entire area other than occupied by the buildings or plantings shall be
surfaced with materi I which will control dust and drainage which is
subject to the approv I of the City Engineer.
7. The entire area shall ave a drainage system which is subject to the
approval of the City ngmeer.
8. All lighting shall be ooded and so directed that the light source is not
visible from the pubrc right-of-way or from an abutting residence and
shall be in complian e with Chapter 3, Section 2 [H], of this ordinance.
9. Vehicular access poi ts shall be limited, shall create a minimum of
conflict with throug traffic movement, and shall be subject to the
approval ofthe City ngineer.
10. All signing and info ational or visual communication devices shall be in
compliance with Ch pter 3, Section 9, of this ordinance.
11. Provisions are made 0 control and reduce noise.
12. The provisions ofC apter 22 of this ordinance are considered and
satisfactorily met.
13. Car wash facility sh 1 have direct access to major thoroughfare via
driveway or frontage road.
MONTICELLO ZONING ORDINANCE
-Sf
10/11
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[L]
14. Intermittent sounds roduced by car wash operation such as the sound of a
vacuum or warnmg ignal shall not be audible to users of adjoining PZM
or residential prope les.
(#181,9/11/89)
Radio antennas and other ommunication transmission devices provided they
meet the following conditi ns:
1. Height: A ground- ounted communication device height shall not exceed
60 feet when fully e tended.
2. Yards: The comm ication device shall not be located within a front yard
setback, a required s de yard, or any side yard abutting a street.
Communication dev ces shall be located five (5) feet or more from rear lot
lines and shall not b located within a utility easement.
3. Roofs: The commu ication device may be placed on the roof of any
authorized structure n the premises. The height of the communication
device shall not exc ed 20 feet above the peak of the roof or roof line.
Neighboring Prope Impact: The communication device shall be so
constructed and loca ed that in the event it falls, it will not fall on
adjoining property. he communication device may be set back from
adjoining property a a distance that is less than the height of the
communication devi e if a certified engineer certifies that the device as
constructed will not all on adjoining property.
4.
5. Building Permits: building permit shall be required for the installation
of any communicati n device which requires a conditional use permit, or
for any device whic has a structural surface exposure of greater than nine
(9) square feet. Building permit applications shall be accompanied by a
site plan and structu al components data for the communication device,
including details of ch~ring. The City Building Official must approve
the plans before inst llation.
6. Color/Content: Co munication devices shall be of a neutral color and
shall not be painted ith scenes or contain letters or messages which
qualify as a sign.
7. Lightning Protectio : Each communication device shall be grounded to
protect against natur I lightning strikes in conformance with the applicable
state and local code.
Electrical Code: Co munication device electrical equipment and
connection shall be esigned and installed in conformance with the
applicable state and ocal codes.
8.
MONTICELLO ZONING ORDINANCE
...}~
10/12
.
.
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9.
Use or the physical p esence of the communication transmission device
shall not interfere wi h the operation of electronic equipment, including
televisions, radios, c mputers, etc.
(#224, 4/13/92)
[M] Governmental and public tility buildings and structures necessary for the
health, safety, and general elfare of the community provided that:
1. Conformity with the ulTounding neighborhood is maintained, and
required setbacks an side yard requirements are met.
2. Adequate screening om neighboring uses and landscaping is provided in
accordance with Cha ter 3, Section 2, of this ordinance.
3. The provisions ofC pter 22 of this ordinance are considered and
satisfactorily met.
4. The facility must ha e direct access to county or city state aid highway.
(#225,6/8/92)
MONTICELLO ZONING ORDINANCE
1~"~
1 0/13
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.
.
CHA TER 12
"B-2" LIMITED B SINESS DISTRICT
SECTION:
12-1: Purpose
12-2: Permitted Uses
12-3: Permitted Accessory Uses
12-4: Conditional Uses
12-1: PURPOSE: The purpose of the B-2 limited business, district is to provide for low
intensity retail or service outlets whi h'deal directly with the customer for whom the
goods or services are furnished. Th uses allowed in this district are to provide goods and
services on a limited community m ket scale and located in areas which are well served
by collector or arterial street facilities at the edge of residential districts.
12-2: PERMITTED USES: The followin are permitted uses in a B-2 district:
[A] All permitted uses as allow d in the B-1, neighborhood business, district.
[B] Art and school supplies.
[C]
Bakery goods and baking 0 goods for retail sales on the premises.
[0] Bank, savings and loan, sav'ngs credit unions, and other financial institutions,
[E] Bicycle sales and repair.
[F] Candy, ice cream, popcorn, nuts, frozen desserts, and soft drinks.
[G] Camera and photograhic su plies.
[H] Commercial (leased) and pr fessional offices.
[I] Delicatessen.
[J] Dry cleaning pickup and la ndry pickup stations, including incidental repair and
assembly but not including recessing.
[K] Drug store.
[L]
Florist shop.
[M]
Frozen food store but not in luding a locker plant.
[N]
1--)
Gift or novelty store.
MONTICELLO ZONING ORDINANCE
___.. __.1
12/1
[0] Grocery, fruit, or vegetabl store but not including sales from moveable
motorized vehicle.
. [P] Grocery, supermarket.
[Q] Hardware.
[R] Hobby store, including h dicraft classes but not to exceed fifteen (15) students.
[S] Ice sales with storage not t exceed five (5) tons.
[T) Insurance sales.
[U] Locksmith.
[V] Meat market but not inclu ing processing for a locker plant.
[W] Medical and dental offices and clinics.
[X] Paint and wallpaper sales.
[Y] Plumbing, television, radi , electrical sales, and such repair as are accessory use
to retail establishment pe itted within this district.
. [Z] Public utility collection of Ices.
[AA] Public garage.
[BB] Real estate sales.
[CC] Shoe repair.
[DD] Glass sales and service.
[EE] Professional and commerc al offices.
[FF] Jewelry store/watch repair
[GG] Gas station/convenience st reo
(#220, 02/1 0/92)
12-3: PERMITTED ACCESSORY USE: The following are permitted accessory uses in a B-
2 district:
.
[A] All permitted accessory us s as allowed in a B-2 district.
12-4:
CONDITIONAL USES: The folIo ing are conditional uses in a B-2 district: (Requires
a conditional use permit based upo procedures set forth in and regulated by Chapter 22
of this ordinance.)
MONTICELLO ZONING ORDINANCE
[A] Multiple family buildings rovided that:
1. Development is com atible with existing and planned use of the area and
. conflicts are not crea ed between commercial and residential use and
activities.
2. The lot, setback, and uilding requirements outlined in Chapter 3, Sections
2, 3, and 4, of this or inance are complied with.
3. At least five hundred (500) square feet of use able open space as defined in
Chapter 2, Section 2, ofthis ordinance is provided for each dwelling unit.
4. Adequate off-street p king and off-street loading is provided in
compliance with Cha ter 3, Sections 5 and 6.
5. The development is a equately served by a collector or arterial street.
6. The provisions ofCh pter 22 of this ordinance are cOllsidered and
satisfactorily met.
[B] Governmental and public u ility buildings and structures necessary for the
health, safety, and general elfare of the community provided that:
1. Conformity with the urrounding neighborhood is maintained and required
. setbacks and side yar requirements are met.
2. Adequate screening fr m neighboring uses and landscaping is provided in
accordance with Cha ter 3, Section 2, of this ordinance.
3. The provisions of Ch pter 22 of this ordinance are considered and
satisfactorily met.
[C] Commercial planned unit d velopment as regulated by Chapter 20 of this
ordinance.
.
1')1,
MONTICELLO ZONING ORDINANCE
12/3
.
.
.
City Council Meeting - 10/12/98
8.
Consideration of a re uest for Final PIa
Applicant: JSSH Architects. (NAC)
A. REFERENCE AND BACKGRO
roval for St. Benedict's Center.
This item was provided to the Planning Co mission without opportunity for advanced
study and was therefore scheduled for form I Planning Commission review at a special
meeting to be held immediately prior to M nday's City Council meeting. The Planning
Commission's recommendation will be pro ided at the Council meeting.
Site Description
The site is located north ofInterstate High ay 94 and south of the Burlington Northern
Railroad just north of the Church ofSt. He . The Church ofSt. Henry's property has
been subdivided to allow St. Benedict's to se the northern eight acres for elderly
housing. The site is zoned Public/Semi-Pu lie Use District (P-S). The City has approved
a CUP to allow elderly housing on this site. The applicant is requesting final plan PUD
approval.
Proposed Features
The project, called St. Benedict's Center, co sists of two buildings each containing 60
units of elderly housing. One building is fo independent living and the other is for
assisted living.
Access
Access is proposed from 7th Street, which is currently being built by the City. A private
road extends from the end of 7th Street to th two proposed buildings. A fire lane is
proposed from the Church ofSt. Henry's p king lot to St. Benedict's Center.
Alternate Plan
An alternate plan for a portion of the site is own on the site plan. The alternate plan has
a building link between the Church of St. H nry and the assisted living building rather
than a concrete walk. The applicant should ecide which plan they wish to have
approved now, and if another plan is desired in the future, the applicant should request
approval of an amendment to the final plan.
Lot Area per Unit
The proposed site density is 15 units per acr . The proposed development complies with
the elderly housing requirement of at least 1, 00 square feet of lot area per unit.
Floor Area
The minimum standards for elderly housing oor area are 440 square feet per efficiency
unit and 520 square feet per one bedroom un t. Efficiency apartments should not exceed
20 percent of the total number of apartments. The applicant has not submitted floor plans
15
.
City Council Meeting - 10/12/98
for the proposed buildings. The City Buil ing Official will need to verifY that these
requirements have been met.
Parking:
The site plan provides a sufficient number f parking spaces. The City Zoning Ordinance
requires, for elderly housing, that at least Y; space per unit be provided initially with
reservation for an area equal to one parkin space per unit. The initial number of spaces
can continue until such time as the City Co ncil considers a need for additional parking
spaces has been demonstrated (Section 3-5 (H) 12).
A total of 120 units are proposed. The site Ian includes 100 parking stalls with space for
18 more spaces reserved. These spaces wil remain reserved until the City Council
determines that a need for additional parkin spaces exists. The independent living
building contains 46 underground stalls. T enty-four on grade stalls are provided for
staff, and 40 on grade stalls are provided fo visitors. The applicant should indicate
employment levels at the two facilities to al ow the City to better evaluate the need for
additional parking.
Parking and Road Desil2:n
The City Zoning Ordinance requires that ea h parking space be not less than nine feet
wide and 20 feet long (Section 3-5 (d) 9 (a). The proposed stalls are nine feet wide and
19 feet long. Bituminous drives are compli t at 24 feet wide.
.
Curbing
The City Zoning Ordinance requires that all private roads within any PUD have curb and
gutter (Section 20-2 (1) 1). The northern dri e from the independent living building to
the assisted living building does not have c b and gutter. The site plan should be revised
to include curb and gutter along this drive.
Service Area
The service area is located on the northeast ide of the assisted living building near the
entrance. To use the service area, truck driv rs would be required to turn into the staff
parking lot and then back into the service ar a. A single unit truck could maneuver in this
way; however, this is a less than ideal situati n for both the truck drivers and staff.
Screening should be provided between the s rvice area and the path to the north.
Pathways
Paths are paved with concrete, bituminous 0 crushed stone, and patio areas containing
concrete pavers. The unity of the design ma suffer by containing many path segments of
different materials. The Planning Commissi n may wish to require more extensive use of
concrete pavers or concrete instead ofbitumi ous paths next to the assisted living
building to provide greater consistency in th site design.
.
16
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City Council Meeting - 10/12/98
Fences and Gates
Ornamental iron fencing is shown northeast and northwest of the assisted living building.
It appears that a gate and fencing are also in icated southwest of the assisted living
building, but it is unclear how the fencing w'll end. It appears to end abruptly at a
concrete walk on the south side of the buildi g. It may be more appropriate to continue
the fencing along the concrete walk to the si e of the building. The gate symbol at the
northern edge of the site appears to be mispl ced and does not align with the sidewalk. A
detail of the proposed fence should be provi ed.
Landscaping
A landscape plan had not yet been submitte at the time of this review. A landscape
buffer is indicated along the eastern propert line; however, without a landscape plan, we
do not know what this buffer will consist of. Landscaping should be emphasized near the
buildings (especially at entrances and patios , around parking lots to provide screening
and shade, along the entrance drive to provi e an inviting experience, and at property
boundaries to provide a buffer between the ite and adjacent uses.
Lighting
An exterior lighting plan should be submitte either as part of the landscape plan or as
part of a revised site plan.
.
Signs
Monument signs are indicated at the entranc drive and in front of both building. Details
of these signs should be submitted by the ap licant. The City Building Official should
review the detailed plans for consistency wih the sign requirements found in the City's
Zoning Ordinance.
Refuse
The location oftrash handling should be not d on the site plan in order to review how
trucks will be maneuvering on the site for tr sh collection.
B. ALTERNATIVE ACTIONS:
1. Motion to approve final plan subject 0 the conditions listed in Exhibit Z and
Planning Commission review and ap roval of revised plans, based on the finding
that the proposed final plan, with co ditions, is consistent with the concept plan
previously approved and is consisten with the City's Zoning Ordinance.
2.
Motion to approve final plan subject 0 the conditions listed in Exhibit Z and City
staff review and approval of revised lans, based on the finding that the proposed
final plan, with conditions, is consist nt with the concept plan previously
approved and is consistent with the ity's Zoning Ordinance.
.
17
.
City Council Meeting - 10/12/98
C.
STAFF RECOMMENDATION:
Recommendation to be provided at the Cou cil meeting based on discussion at the
special meeting of the Planning Commissio . If the final plan is approved subject to
approval of the landscape plan and other co ditions, the applicant should be aware that
significant changes to the landscape plan an other plans, as noted, may still be
necessary .
SUPPORTING DATA:
Exhibit A - Site Location
Exhibit B - Overall Site Plan
Exhibit C - Site Plan
Exhibit D - Site Plan with Issues Noted
Exhibit E - Grading and Drainage Plan
Exhibit Z - Conditions for Approval
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SAINT BENEDICT S CENTER
A T MONTICELLO, MINNESOTA
CRJ..OIt\G & EROSION CONTROL PLAN
INC,
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EXHIBIT Z - CONDIT ONS OF APPROVAL
CONDITIONS OF FINAL PLAN APP OVAL
17.
18.
19.
20.
2l.
22.
23.
. 24.
25.
The development should comply 'th minimum floor area and percent efficiency.
Parking space dimensions should b a minimum of 9 x 20 feet.
The applicant should submit emplo ment levels for the two facilities.
Curb and gutter should be provided long all drives.
Submission and approval of a lands ape plan is required.
Grading, drainage and utility plans e subject to the City Engineer's approval.
Submission of an exterior lighting pI and fence detail are required.
Sign details are required and must co ply with City standards.
The location of trash handling should be noted on the site plan in order to review
how trucks will be maneuvering on t e site for trash collection.
26. Any necessary revisions should be m de based on the comments on the Planning
Commission on the following issues.
~
A.
The service area requiring truc maneuvering in the staff parking lot and
its location in front of the buil ing.
B.
Pathways containing many seg ents of different materials.
C.
The location of the gate at the orthem edge of the site not aligning with
the path and the abrupt end of ornamental fence southwest of the
assisted living building at a con rete sidewalk.
!,~
I
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--
.
.
.--
Council Agenda - 10/12/98
9.
A. REFEREN E AND BAC G
Please refer to the attached report from R sty Fifield. Please note that the bond sale
report and the resolution apply also to ag da item #10.
B. AL TERNA TIVE ACTIONS:
1. Motion to adopt resolution approv'ng community center finance plan and request
HRA to call for sale of bonds.
2. Motion to deny adoption of the res lution and do not request HRA to call for sale
of bonds.
C. STAFF RECOMMENDATION:
It is the recommendation of the City Admi istrator to proceed under alternative #1 unless
the Council prefers to stop or delay the proj ct.
D.
SUPPORTING DATA:
Information from Rusty Fifield of Ehlers & ssociates; Copy of bond sale
recommendations and resolutions from Ehl s & Associates.
19
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.
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.
e
BOND SAL REPORT
$3,000 000 .
General Obligation Improve ent Bonds, Series 1998A
$515, 00
General Obligation Water Syst m Refunding Bonds, Series
199 B
City of Mo ticello
$6,950,000
Public Project Revenue Bonds, Series 1998
Monticello Housing and Redevelopment Authority
October 12 1998
II .,., I
EHLERS
& ASSOCIATES INC
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.
.
--=--
OVERVIEW
Bond Sale Report - J 998 Bonds
This report describes the proposed pIG n for the City of Monticello to issue
$3,000,000 General Obligation Improvement Bonds, Series 1998A (the
"Improvement Bonds" or the "Series 998A Bonds") and the $515,000 General
Obligation Water System Refunding )onds, Series 1998B (the "Refunding
Bonds" or the "Series 1998B Bonds" and for the Monticello Housing and
Redevelopment Authority to issue $6 950,000 Public Project Revenue Bonds,
Series 1998 (the "Revenue Bonds"). T'his report has been prepared by Ehlers &
Associates in consultation with City ~ taff and bond counsel. This report deals
with:
. Purpose and components of tt e bond issues.
. Debt structure.
. Other considerations in issuin:, bonds.
. Market conditions.
. Issuing process.
IMPROVEMENT BONDS
The $3,000,000 General Obligation lnprovement Bonds, Series 1998A are being
issued to finance public improvemen projects, including the City share of
improvements to State Trunk Highw. y 25, the extension of 7th Street, Wildwood
Ridge sewer, water and pump station improvements, the Fire Hall driveway
project and the ResurrectionlMethod-st Church sewer improvement projects. The
Bonds are issued under the authority )f Minnesota Statutes, Chapters 429 and
475. The proposed finance plan consists ofthe following sources and uses of
funds:
USES OF FUNDS
$3,000 000 Project Costs
594 600 Costs of Issuance
Discount
Capitalized Interest
SOURCES OF FUNDS
Par Amount of Bonds
City Trunk Funds
$3,529,100
26,500
39,000
o
Total Sources
S3 594600 Total Sources
$3 594 600
4 ~ i"pa~2
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.
.
Bond Sale Report ~ 1998 Bonds
Security, Structure and Repa ment
The Bonds are general obligations f the City, backed by its full faith, credit and
taxing powers to repayment. Reve ue to pay debt service will come from a
combination of special assessment and other City funds, including storm water
trunk charges and property taxes. 0 capitalized interest is included in the issue.
Monies to pay principal and interes through February 1, 2000 will come from
storm water trunk funds or other so rces.
In structuring the bond issue, we ha e assumed that the City will levy special
assessments in the amount of $1 ,36 ,900, representing 49% of the total debt. The
finance plan assumes that the asses ments will be levied in 1999 (for initial
payment in 2000) and repaid over t e following 10 years in equal annual
installments of principal with intere t paid on the outstanding balance. The Bonds
have been structured to produce lev I annual contributions of other City funds.
The terms and conditions of the Bo ds are described in Attachment 1. The
preliminary debt service schedule a pears in Attachment 2.
The Bonds will be offered for sale 0 November 9, 1998 and be dated December
1, 1998. The first interest payment n the Bonds will be August 1, 1999 and
semiannually thereafter on February 1 and August 1. Principal on the Bonds will
be due on February 1 in the years 20 1 through 2010.
The Bonds will be subject to call for redemption prior to final maturity on
February 1,2005 and on any date th reafter.
REFUNDING BONDS
The $515,000 General Obligation W ter System Refunding Bonds, Series 1998B
are being issued to call and prepay th outstanding maturities of the $1,100,000
General Obligation Water System B nds, Series 1988B. The principal maturing
in 2000 through 2004, totaling $500, 0, will be called on February 1, 1999. The
Bonds are issued under the authority f Minnesota Statutes, Chapter 475. The
proposed finance plan consists of the following sources and uses of funds:
SOURCES OF FUNDS
Par Amount of Bonds
Accrued Interest
Total Sources
USES OF FUNDS
00 Bonds Called
08 Costs of Issuance
Discount
Rounding
$500,000
10,000
5,150
258
515 08 Total Sources
515408
4~3
Page 3
.
.
.
Bond Sale Report - /998 Bonds
The preliminary analysis shows that he refunding produces the following debt
service savings;
. Total savings - $26,742
. Net present value of savings $23,506
. Net present value savings as percent of refunded principal - 4.783%
Security, Structure and Repay
The Bonds are general obligations 0 the City, backed by its full faith, credit and
taxing powers to repayment. Reven e to pay debt service will come from general
property taxes. The Bonds have bee structured around the existing debt and will
produce relatively level annual savin s.
The terms and conditions of the Bon s are described in Attachment 3. The
preliminary debt service and savings analysis appears in Attachment 4.
The Bonds will be offered for sale 0 November 9, 1998 and be dated December
1, 1998. The first interest payment 0 the Bonds will be August 1, 1999, and
semiannually thereafter on February and August 1. Principal on the Bonds will
be due on February 1 in the years 20 through 2004.
The Bonds will not be subject to call for redemption prior to final maturity.
PUBLIC PROJECT REVENUE BONDS
The $6,950,000 Public Project Reve ue Bonds, Series 1998 are being issued to
finance the construction and equippi g of the Community Center. The Bonds are
issued under the authority of Minnes ta Statutes, Chapters 469 and 475. The
proposed finance plan consists of the following sources and uses of funds:
SOURCES OF FUNDS
Par Amount of Bonds
National Guard Contribution
City Funds
Investment of Proceeds
USES OF FUNDS
$6,950000 Total Project Costs
1 ,500 000 Costs of Issuance
1 ,124 000 Discount
150000 Capitalized Interest
Roundin
9724000 Total Sources
$9,569,170
50,000
104,200
o
630
9 724 000
Total Sources
't ' q, Page<
.
.
......
Bond Sale Report - 1998 Bonds
Security, Structure and Rep yment
The Revenue Bonds are issued by the Housing and Redevelopment Authority
under the authority of Minnesota tatutes, Chapter 469. Revenues to pay debt
service comes from a lease purcha e agreement between the HRA and the City
pursuant to Minnesota Statutes, S ction 465.71. Lease payments made by the
City will be sufficient to pay all pr ncipal and interest on the Revenue Bonds
when due.
The Revenue Bonds are not gener 1 obligations of the City and not backed by its
full faith, credit and unlimited taxi g powers to repayment. Under State Law, the
City must annually appropriate fun s for the lease payment. Revenue to pay debt
service will come from a combination of general property taxes, net revenues of
the Liquor Fund, and other revenue legally available for this purpose. The initial
levy of property taxes will occur in 1998 for taxes payable in 1999. The Revenue
Bonds have been structured around the existing debt and will produce relatively
level annual debt service payments.
The City will receive bids for the co struction of the Community Center on
October 29. The analysis of the Re enue Bonds will be reviewed based on actual
bid amounts. The City Council will have the capacity to alter the size of the issue
and/or the maturity schedule prior t the sale.
The terms and conditions of the Bon s are described in Attachment 5. The
preliminary debt service analysis ap ears in Attachment 6.
The Bonds will be offered for sale 0 November 9, 1998 and be dated December
1, 1998. The first interest payment 0 the Bonds will be August 1, 1999, and
semiannually thereafter on February and August 1. Principal on the Bonds will
be due on February 1 in the years 2 through 2019.
The Bonds will be subject to call for edemption prior to final maturity on
February 1, 2009 and on any date the eafter.
CONSIDERATIONS FOR ALL ISSUES
Bank Qualified Bonds
The City will not issue more than $10 000,000 in tax-exempt bonds in 1998 (only
$15,000 of the Refunding Bonds Coun s against this limit). The City will
designate the Series 1998A Bonds an the Series 1998B Bonds as qualified tax-
exempt obligations pursuant to Sectio 265 of the Internal Revenue Code of 1986.
q...s-
Page 5
....
....
Bond Sale Report - 1998 Bonds
Arbitrage Rebate
The issues will not qualify for the s all issuer exemption from arbitrage rebate.
The Improvement Bonds may avoid arbitrage rebate by spending the bond
proceeds within the following time imits:
Months from date of
% of proceeds spent
6
12
18
24
10%
45%
75%
100%
---
Global Book Entry
The Bonds will be global book entry As "paper less" bonds, you will avoid the
costs of bond printing and annual re istrar charges. The Paying Agent will
invoice you for the interest semi-ann ally and on an annual basis for the principal
coming due. You will be charged on y for paying agent/transfer agent services
provided by the bank.
-
Rating
Moody's Investors Service will be as ed to rate this issue. The City currently has
an "A3" rating on its outstanding gen ral obligation bonds. Typically, Moody's
rates HRA lease revenue bonds one I vel below the current G.O. rating. In its
most recent review of the City, Mood's identified the amount of direct and
overlapping debt as an area of conce . We will work with City Staff to address
all rating agency concerns and to achi ve the best possible rating.
Continuing Disclosure
Regulations of the Securities and Exc ange Commission on the continuing
disclosure of municipal securities app y to long-term securities with an aggregate
principal amount of $1,000,000 or m reo
~
'.-
Since the aggregate amount of each 0 the issues for the Improvement Bonds and
the Revenue Bonds is over $1,000,0 and the City has more than $10,000,000 in
total municipal obligations outstandin , you will be obligated to comply with Full
Continuing Disclosure requirements f; r each issue as required by paragraph (b)(5)
of Rule 15c2-12 promulgated by the S curities and Exchange Commission under
the Securities Exchange Act of 1934. ou will be required to provide certain
financial information and operating da a relating to the City annually and to
provide notices of the OCcurrence of c rtain material events. The specific nature
of the Undertaking, as well as the info ation to be contained in the notices of
,--~
Page 6
--1'
Bond Sale Report - 1998 Bonds
material events will be set forth in t e Continuing Disclosure Certificate that you
will enter into at the time of closing or each issue.
You are responsible for reporting an of the material' events listed below and in
the Undertaking.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
... 11.
....... 12.
13.
Principal and interest payme t delinquencies;
Non-payment related default ;
Unscheduled draws on debt ervice reserves reflecting financial
difficulties;
Unscheduled draws on credit enhancements reflecting financial
difficulties;
Substitution of credit of liqui ity providers, or their failure to perform;
Adverse tax opinions or eve ts affecting the tax-exempt status of the
securities;
Modification to rights of hol ers of the Securities;
Securities calls;
Defeasances;
Release, substitution or sale f property securing repayment of the
Securities;
Rating changes;
Failure to provide annual fin cial information as required; and
Other material events.
MARKET CONDITIONS
Current interest rates
provide an excellent
environment for issuing the
Bonds. During the first
week in October, the Bond
Buyer's 20-Year G.O. Index
(BBI) fell to 4.82%, the
lowest point in almost 30
years. This event continues
a general downward rate
trend from 1997. The graph
on the right shows the
trends in the BBI since
1990.
.
8.00%
Bond Buyer's Index
20-Year G.O. Bonds
7.50%
7.00%
6.50%
6.00%
5.50%
5.00%
4.50%
990
1994
1998
1996
1992
1991
1995
1997
1993
'1-,7
Page 7
.
.
.
Bond Sale Report - 1998 Bonds
ISSUING PROCESS
Following is a tentative schedule for the steps in the issuing process.
October 12, 1998
C'ty Council adopts resolution calling for the
sa e of the Improvement Bonds and Refunding
B nds and requests that the HRA issue the
R venue Bonds.
October 14
A adopts resolution calling for the sale of
Revenue bonds.
Week of October 26
D stribute Official Statement
R ceive construction bids on Community
C nter
Week of November 2
R cei ve bond rating
C uncil action on construction bids
November 9
B nd sale
( egular Council meeting/Special BRA
meting)
December 8
N:IMINNSOT AIMONTICEL\98_BONDSIPRE_SALE.WPD
't *" r
Page 8
Resolution No.
.
Council Member
introduced the ~ llowing resolution and moved its adoption;
Resolution Providin for the Sale of
$3,000,000 General Obligation Imp ovement Bonds, Series 1998A
$515,000 General Obligation Wat r System Bonds, Series 1998B
$6,950,000 Public Project Re enue Bonds, Series 1998
WHEREAS, the City Council of the City of Mo ticello, Minnesota, has determined that it is
necessary and desirable to issue the City's $3,000,000 G neral Obligation Improvement Bonds, Series
1998A to finance City costs associated with public impr vement projects; and
WHEREAS, the City Council has determined t at it is necessary and desirable to issue the City's
$515,000 General Obligation Water System Refunding onds, Series 1998B to refinance the $1,100,000
General Obligation Water System Bonds, Series 1988B; and
WHEREAS, the City Council has determined t at it is necessary and desirable to issue the
$6,950,000 Public Project Revenue Bonds, Series 1998 f the Monticello Housing and Redevelopment
Authority (the "HRA") and to enter into a lease purchas agreement with the HRA to provide funding for
the construction and equipping of the Community Cente project (collectively all issues referred to as "the
Bonds"); and
WHEREAS, the City has retained Ehlers & Ass ciates, Inc., in Roseville, Minnesota ("Ehlers"), as
its independent financial advisor for the Bonds and is th refore authorized to solicit proposals in
. accordance with Minnesota Statutes, Section 475.60, Su division 2(9);
NOW, THEREFORE, BE IT RESOLVED by t e City Council of City of Monticello, Minnesota,
as follows;
1. Authorization: Findinll:S. The City Council here y authorizes Ehlers to solicit proposals for the
sale of the Bonds.
2. HRA Action. The City Council hereby requests that the Board of Commissioners of the HRA
adopt a resolution calling for the sale of the $6,9 0,000 Public Project Revenue Bonds, Series
1998 pursuant to the Terms of Proposal as desc bed in the Bond Sale Report dated October 12,
1998.
3. Meetinl!: Proposal Opening. The City Council s all meet at the time and place specified in the
Terms of Proposal for the purpose of considerin sealed proposals for, and awarding the sale of the
Bonds. The City Clerk, or designee, shall open roposals at the time and place specified in such
Terms of Proposal.
4. Terms of Proposal. The terms and conditions of the Bonds and the sale thereof are fully set forth
in the Terms of Proposal as described in the Bo d Sale Report dated October 12, 1998.
5.
Official Statement. In connection with said sale the officers or employees of the City are hereby
authorized to cooperate with Ehlers and particip te in the preparation of an official statement for
the Bonds and to execute and deliver it on behal of the City upon its completion.
.
'1,.'
.
.
.
The motion for the adoption of the foregoing resoluti n was duly seconded by Council Member
and, after full discussio thereof and upon a vote being taken thereon, the
following Council Members voted in favor thereof:
and the following voted against the same:
Whereupon said resolution was declared duly passed a d adopted.
Dated this 12th day of October, 1998.
City Clerk
(SEAL)
q." 10
.
.
.
Resolution No.
Board Member
introduced the folio ing resolution and moved its adoption:
Resolution Providing or the Sale of
$6,950,000 Public Project Rev nue Bonds, Series 1998
WHEREAS, the City Council of the City of Mon icello, Minnesota, has requested that the
Monticello Housing and Redevelopment Authority (the" RA") issue $6,950,000 Public Project Revenue
Bonds, Series 1998 (the "Bonds") to provide funding for he construction and equipping of the Community
Center project; and
WHEREAS, the City Council has determined tha it is necessary and desirable to enter into a lease
purchase agreement with the HRA to provide funds suffi ient to pay principal and interest on the Bonds;
and
WHEREAS, the Board of Commissioners of the RA has determined that it is necessary and
desirable to issue the Bonds;
NOW, THEREFORE, BE IT RESOLVED by th Board of Commissioners of the HRA, as
follows:
1. Authorization; Findin~s. The Board of Commiss oners hereby authorizes Ehlers & Associates,
Inc. to solicit proposals for the sale of the Bonds.
Meeting; Proposal Opening. The Board of Com issioners shall meet at a special meeting at the
time and place specified in the Terms of Proposa for the purpose of considering sealed proposals
for, and awarding the sale of the Bonds. The Se retary, or designee, shall open proposals at the
time and place specified in such Terms of Propos 1.
2.
4. Terms of Proposal. The terms and conditions of e Bonds and the sale thereof are fully set forth
in the Terms of Proposal as described in the Bon Sale Report dated October 12, 1998.
5. Official Statement. In connection with said sale, the officers or employees of the HRA and the
City are hereby authorized to cooperate with Ehl rs & Associates and participate in the preparation
of an official statement for the Bonds and to exe ute and deliver it on behalf of the HRA upon its
completion.
The motion for the adoption of the foregoing resolution as duly seconded by Board Member
and, after full discussion th reof and upon a vote being taken thereon, the
following Board Members voted in favor thereof:
and the following voted against the same:
Whereupon said resolution was declared duly passed and adopted.
Dated this 14th day of October, 1998.
Secretary
q;/I
ATTACH NT 1
-'lI. TERMS AND CONDI IONS OF ISSUE
$3,000,000 General Obligation Imp ovement Bonds, Series 1998A
DATE: October 12, 1998
ISSUER: City of Monticello, Minn sota
BOND NAME: $3,000,000 General Obli ation Improvement Bonds, Series 1998A
BOND ATTORNEY: Bruce BattersonlDan Gre nsweig (Kennedy & Graven)
PURPOSE: Finance public improve ent projects, including the City share of
improvements to State T nk Highway 25, the extension of 7th Street,
Wildwood Ridge sewer, ater and pump station improvements, the
Fire Hall driveway projec and the Resurrection/Methodist Church
sewer improvement proje ts.
-,.-
Sale Date:
November 9, 998.
-..
Est. Closing Date:
December 8, I 98
Proposal Opening:
11 :00 A.M., 0 fice of Ehlers & Associates, Inc.
Proposal Award:
7:00 p.m., mu icipaloffices.
Type of Sale:
Independent F nancial Advisory Provision.
Bonds Dated:
December 1, 1 98.
Maturity:
February 1, 2 1 - 2010
First Interest:
August 1, 199 . Interest will be computed on the basis of a
360-day year f twelve 3D-day months and will be rounded
pursuant to rul s of the MSRB.
Call Feature:
Bonds will be subject to redemption prior to final maturity
on February 1, 2005 and on any date thereafter.
~
-~
Minimum Proposal:
$2,961,000.
tt;/~
.
.
.
Good Faith:
Record Date:
CU8IP Numbers:
Paying Agent:
Registration!
Book Entry Only:
Financial Advisor:
# 0/8 to Purchaser:
Rating Requested:
Qualified Tax-Exempt
Obligations:
Continuing Disclosure:
$60,000, pay ble to the Issuer (Cashiers or Certified Good
Faith Check r wire transfer of funds to Ehlers Good Faith
Escrow or fi ancial surety bond.
Close ofbus'ness on the 15th day (whether or not a
business day of the immediately preceding month.
The Issuer w 11 assume no obligation for the assignment or
printing of C SIP numbers on the Bonds or for the
correctness f any numbers printed thereon, but will permit
such number to be printed at the expense of the purchaser,
if the purcha er waives any delay in delivery occasioned
thereby.
To be name by the City,
This offerin will be issued as fully registered Bonds and,
when issued, will be registered in the name of Cede & Co.,
as nominee f The Depository Trust Company, New York,
New York.
Ehlers & As ociates, Inc. (Rusty Fifield1Mark Ruff)
100 copies.
Requested fr m Moody's Investors Service
These Bond WILL be designated as qualified tax -exempt
obligations.
Full Continuous Disclosure Undertaking: The Iss er will file the Annual Financial Information
and Audited Financial Statements within 365 day after the end of their next fiscal year. The
Issuer will update the following sections of the 0 Idal Statement in their annual updates:
Current Property Valuati ns
Larger Taxpayers
Direct Debt
Overlapping Debt
Debt Ratios
Tax Levies & Collectio s
Tax Capacity Rates
'1'/3
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ATTACH ENT 3
. TERMS AND CONDTIONS OF ISSUE
$515,000 General Obligation Water Sys em Refunding Bonds, Series 1998B
.
.
DATE: October 12, 1998
ISSUER: City of Monticello, Minn sota
BOND NAME: $515,000 General Obliga ion Water System Refunding Bonds,
Series 1998B
BOND ATTORNEY: Bruce Batterson/Dan Gre nsweig (Kennedy & Graven)
PURPOSE: Current refunding of the 1,100,000 G.O. Water System Bonds, Series
1988B.
Sale Date: November 9, 998.
Est. Closing Date:
December 8, 1998
Proposal Opening:
11:00 A.M., 0 fice of Ehlers & Associates, Inc.
Proposal Award:
7:00 p.m., mu icipal offices.
Type of Sale:
Independent F nancial Advisory Provision.
Bonds Dated:
December 1, I 98.
Maturity:
First Interest:
August 1, 199 . Interest will be computed on the basis of a
360-day year 0 twelve 30-day months and will be rounded
pursuant to rul s of the MSRB.
Call Feature:
Bonds will be subject to redemption prior to final maturity
on February 1, 2005 and on any date thereafter.
Minimum Proposal:
$509,850.
Good Faith:
$10,300, paya Ie to the Issuer (Cashiers or Certified Good
Faith Check or wire transfer of funds to Ehlers Good Faith
Escrow or fina cial surety bond.
q,/~
Record Date: Close of busi ess on the 15th day (whether or not a
. business day of the immediately preceding month.
CUSIP Numbers: The Issuer w'll assume no obligation for the assignment or
printing of C SIP numbers on the Bonds or for the
correctness 0 any numbers printed thereon, but will permit
such !lumber to be printed at the expense of the purchaser,
if the purchas r waives any delay in delivery occasioned
thereby.
Paying Agent: To be named
Registration!
Book Entry Only: This offering ill be issued as fully registered Bonds and,
when issued, ill be registered in the name of Cede & Co.,
as nominee 0 The Depository Trust Company, New York,
New York.
Financial Advisor: Ehlers & Ass ciates, Inc. (Rusty Fifield/Mark Ruff)
# OIS to Purchaser: 50 copies.
. Rating Requested: Requested fro Moody's Investors Service
Qualified Tax-Exempt
Obligations: These Bonds ILL be designated as qualified tax-exempt
obligations.
Continuing Disclosure: Exempt
.
q,lfp
.
.
.
ATTACHMENI' 4
I
Monticell( . MN
Proposed Current Refunding of $1.100.000 G.O. Water System Bonds
i
""'"....,,,,,"',,,,,,,,......_,,,,,..,,,,............,..,,-"',.."',,,,,,........',"',,,,"',,,,,,,._.,."'''''''''',,.....,~'''''''''''''',...~-~~~'''''"~,~~,~,,:~..''',:! ,~,~~,~,~_O.~"'''"...._......
_"_''',:.''''''''''''''''_._"'_''''''''''',,..._...~'''''"""""......""'""'''',.......,,,,, ...T",,"....',"'"
Date Total P+I Net New D/S 0 d Net D/S Savings FISCAL TOTAL I
r----.----......---...-.....--_...... ......____._~_.._~___'_....__"_,.....__.__.,
12/08/1998 I
8/01/1999 14.001.67
2/01/2000 100.501.25
8/01/2000 8.746.25
2/01/2001 108,746.25
8/01/2001 6,746.25
2/01/2002 111,746.25
8/01/2002 4,593.75
2/01/2003 109.593.75
8/01/2003 2,415.00
2/01/2004 117.415.00
Total 584,505.42
PRESENT VALUE ANALYSIS SUMMARY (NET TO NET)
Gross PV Debt Service Savings...................
............................
23,506.06
Net PV Cashflow Savings @ 5.124t (AIC)..........
........................
23.506.06
Accrued Interest Credit to Debt Service Fund....
NET PRESENT VALUE BENEFIT.......................
...........................
408.38
$23.914.44
........................
NET PV BENEFIT / $500.000 REFUNDED PRINCIPAL.......................... 4.783t
NET PV BENEFIT / $515.000 REFUNDING PRINCIPAL......................... 4.644t
Ehlers & Associates. Inc.
leaders in Public Finance
File - HONTClO.98Cur Ref of 88. SINGLE PURPOSE
10/ 6/1998 3:11 PH
'1'/7
.
.
.
ATTACH ENT5
TERMS AND CON ITIONS OF ISSUE
$6,950,000 Public Project R venue Bonds, Series 1998
DA TE:
October 12, 1998
ISSUER:
Monticello (Minnesota) ousing and Redevelopment Authority
BOND NAME:
$6,950,000 Public Proje t Revenue Bonds, Series 1998
BOND ATTORNEY: Bruce BattersonJDan Gr ensweig (Kennedy & Graven)
PURPOSE: Finance construction an equipping of a community center.
Sale Date: November 9, 998.
Est. Closing Date: December 8, 998
Proposal Opening:
11 :00 A.M., 0 fice of Ehlers & Associates, Inc.
Proposal A ward:
7:00 p.m., mu icipaloffices.
Type of Sale:
Independent F nancial Advisory Provision.
Bonds Dated:
Maturity:
First Interest:
August 1, 199 . Interest will be computed on the basis of a
360-day year 0 twelve 30-day months and will be rounded
pursuant to rul s of the MSRB.
Call Feature:
Bonds will be ubject to redemption prior to final maturity
on February 1, 009 and on any date thereafter.
Minimum Proposal:
$6,845,800.
Good Faith:
$139,000, paya Ie to the Issuer (Cashiers or Certified
Good Faith Che k ill wire transfer of funds to Ehlers Good
Faith Escrow or financial surety bond.
Record Date:
Close ofbusine s on the 15th day (whether or not a
business day) 0 the immediately preceding month.
4-,/F
.
.
.
CUSIP Numbers:
Paying Agent:
Registration!
Book Entry Only:
Financial Advisor:
# O/S to Purchaser:
Rating Requested:
Qualified Tax-Exempt
Obligations:
Continuing Disclosure:
The Issuer ill assume no obligation for the assignment or
printing of USIP numbers on the Bonds or for the
correctness f any numbers printed thereon, but will permit
such numbe s to be printed at the expense of the purchaser,
if the purcha er waives any delay in delivery occasioned
thereby.
To be name by the City.
This offering will be issued as fully registered Bonds and,
when issued, will be registered in the name of Cede & Co.,
as nominee 0 The Depository Trust Company, New York,
New York.
Ehlers & Ass ciates, Inc. (Rusty Fifield/Mark Ruff)
150 copies.
Requested fro Moody's Investors Service
These Bonds ILL be designated as qualified tax-exempt
obligations.
Full undertaki g
Full Continuous Disclosure Undertaking: The Issue will file the Annual Financial Information
and Audited Financial Statements within 365 days a ter the end of their next fiscal year. The
Issuer will update the following sections of the Offi ial Statement in their annual updates;
Current Property Valuation
Larger Taxpayers
Direct Debt
Overlapping Debt
Debt Ratios
Tax Levies & Collections
Tax Capacity Rates
N:IMINNSOT A IMONTICEL\98_BONDSIPRE_SALE. WPD
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10.
Consideration of re olution author'z'
and 1998 G.O. Refunding Bond. (R.W)
A. REF
Council Agenda - 10/12/98
The City currently has in process or will oon be initiating various improvement projects
that will result in the need for the City to ell bonds to finance the projects. Rusty Fifield
of Ehlers & Associates has put together a ond sale proposal that would call for the sale
of $3 million in G.O. Improvement Bond to finance the projects such as the 7th Street
extension for the S1. Henry's Church facil ty, fire hall parking lot improvements currently
being constructed, the Resurrection Churc Methodist Church sanitary sewer extension
project, sewer and water extensions along ith the booster pump project for the
Wildwood Ridge development area, and fi ally funding for the Trunk Highway 25
improvement project that is scheduled to e started next year.
In addition to the G.O. Improvement Bon s, it is also proposed to refinance one existing
bond issue (1988 water bond) in order to t e advantage of the lower interest rates
available.
The repayment of the $3 million bond issu will come from various sources of revenue,
including special assessments; trunk fees f1 om our sewer, water, and storm sewer trunk
funds; along with tax levies annually to su port the debt payment. In some cases, we are
financing some of these projects in advanc of developments that will repay the City
through trunk fees. It is hoped that our ann al tax levy can be reduced from that being
proposed by Ehlers based on the amount 0 trunk fees we are able to collect as
development occurs.
Ifthe bond sale is authorized on Monday e ening, the bonds will be sold on November 9
with proceeds available in late November 0 early December.
B.
ALTERNATIVE ACTIONS:..,.,2 ~L~1-
C.; g -I ~Ill 1>-0 ~ ";)
Adopt the resolution authorizing the sale of $3 million in G.O. Improvement
bonds for the various projects indica ed along with authorization to refinance the
1988B water bond issue.
1.
2. Do not authorize the bond sale. ~ C H ~ -t\\6.-t t 1'\".N '1~ """T~
C. STAFF RECOMMENDATION:
It is the recommendation of the City Admini trator that the resolutions for both the G.O.
Improvement Bonds and Refunding issue be adopted. The S1. Henry's17th Street project
is underway and bond proceeds will be need d soon.
D. SUPPORTING DATA:
See supporting data for item #9.
20
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11.
s
A.
Council Agenda - 10/12/98
Inc. for the sanita
The paperwork at city hall and public wor s in regard to the hookup of the West
Kjellberg's Mobile Home Park to City se er services is quite extensive. The latest
agreement approved by the City Council 0 February 9, 1998, was never executed by
Kjellberg's, Inc. and is, thus, no longer val d. City staff and the City Attorney feel the
agreement should be reconsidered accordi gly.
Much ofthe discussion in past years has re olved around hookup charges for the mobile
home park and annexation issues, as well the ability of Kjellberg's, Inc. to come
forward with the necessary funds to procee with the project. Action taken by the City
Council on October 26, 1996, was as folio s:
After discussion, a motion was mad by Brad Fyle and seconded
by Clint Herbst to charge and lock n the prevailing rate for
sanitary sewer hookup at the time t at Kjellberg escrows with the
City the total amount due for the ~ st Mobile Home Park.
(Motion carried unanimously)
The fees in effect as of January I, 1998, for sanitary sewer are as follows:
Sanitary Sewer Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $1,250 per acre
Sewer Hookup Charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $2,000 per unit
(1 mobile home = 1 unit)
The agreement approved by the City Counc'l on February 9, 1998, was as follows:
Sanitary Sewer Area Assessment Charge .
Sewer Hookup Charge . . . . . . . . . . . . . . . .
(1 mobile home = 1 unit)
. . . . . . . . . . . . . . . . . .. . . . .
$1,250 per acre
$1,125 per unit
Highlights of the agreement included the fo lowing:
Kjellberg provides $225,000 cash d osit to fund connection fees.
Kjellberg accepts a $75,000 assessm nt to fund area trunk fees.
Kjellberg provides a $30,000+ depo it to guarantee payment of interest payments
on the cost to extend utilities to the site.
Kjellberg accepts City construction f the metering station and utilities serving the
site.
Kjellberg pays interest expense for a period of eight (8) years on the City cost to
extend utilities to the site.
The City installs utilities to the site D llowing a future road alignment.
..
..
..
..
..
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21
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3.
.
Council Agenda - 10/12/98
The agreement was to be executed upon p yment of fees from Kjellberg, which has not
yet occurred. In addition, this agreement tated that "the City and developer shall cause
the project to be complete and fully opera ional no later than January 1, 1999." This is
not possible due to Kjellberg's delay in pr vi ding the fees.
Additional Council action taken on March 9, 1998, included a motion by the City Council
to approve a resolution accepting a petitio and ordering a feasibility study and plans and
specifications for the installation of the s itary sewer service to the Kjellberg's West
Mobile Home Park contingent, of course, n receiving the appropriate deposits, which
again were never received.
It is our understanding that Mr. Kjellberg as a portion or all of the funds estimated in the
original agreement. It is the City staff and City Attorney's opinion that the development
agreement should be renegotiated and redr fted, and the appropriate fees assigned and a
realistic time table incorporated into the document. The City Engineer is currently
investigating whether or not our area asses ment fee of $1 ,250 per acre will pay for all of
the improvements needed to our trunk sew r system. The current sewer connection per
mobile home or single family housing that nyone else has to pay in the community is
$2,000 per unit and will increase to $2,500 per unit January 1, 1999. The current
agreement offers such a large discount to 'ellberg's, Inc. that it may be unfair to current
taxpayers and future development in the co munity. For example, anything beyond the
first $900 for sewer connection fees goes t help pay for construction of our new
wastewater treatment plant. At $1,125 per nit, you can see that only $225 per mobile
home is going toward payment of the const uction of the wastewater treatment plant.
B. ALTERNATIVE ACTIONS:
1.
2.
The third alternative would be to dir ct City staff and the City Attorney to redraft
the agreement to reflect a more appr riate time table and completion date, other
staff concerns, and to adjust the fees 0 the amounts recommended by the City
Council.
22
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4.
Council Agenda - 10/12/98
The fourth alternative would be to sign the existing agreement using the
agreement's reduced fees and find ourselves in violation ofthe agreement in that
we could not complete the work b January 1, 1999; and the agreement does not
. have the amendment originally re uired regarding the monitoring station.
C. STAFF RECOMMENDATION:
It is the recommendation of the City staff d City Attorney that we redraft the document
as outlined in alternatives 1,2 or 3. It is u to the City Council to determine whether or
not the hookup of Kjellberg's West Mobil Home Park should receive discounted
connection rates and to what extent the di count should apply. There are other items in
the agreement that need to be addressed s ch as the easements through non-city property
to get to Kjellberg's, the addendum for th monitoring station, and the estimated cost to
construct the sewer from Highway 25 to t e west end of Kjellberg's West Park may have
to be changed. The new agreement shoul have an end date if not acted upon by both
parties.
D. SUPPORTING DATA:
.
Copy of letter from Rick W olfsteller to Kj llberg' s, Inc.; Copy of development
agreement; Copies of Council agenda supplement and Council minutes from 10/28/96,
2/9/98 and 3/9/98; Copy of memo from Ci y Attorney.
t
23
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Office of the City Administrator
250 East Broadway
Monticello, MN 55362-9245
Phone: (612) 295-2711
Metro: (612) 333-5739
October 8, 1998
Mr. Kent Kjellberg
Kjellbergs Inc.
1000 Kjellbergs Park
Monticello, l\1N 55362
Re: Kjellbergs West Mobile Home Park Developmen Agreement
Dear Kent:
. As you are aware, a development agreement was prepare in February 1998 that outlined the terms and
conditions that would allow for the extension of sanitary ewer services to connect the west mobile home
park facility to the city's sanitary sewer system.
The development agreement outlines specific requiremen s that the developer needed to comply with in
order for the connection to occur by January 1, 1999. Fo example, upon your execution of the
development agreement, you were to provide a sewer co ection fee totaling $225,000 into an escrow
account before the City would begin any work toward de igning an appropriate sewer connection. Also
within 60 days after execution of the agreement; you wer to have submitted a petition requesting
sanitary sewer improvements be made along with a petiti n requesting annexation of the mobile home
park into the city. Prior to the City advertising for contra ts for construction of the sewer project, you
were also required to deposit with the City a sum equal to $30,000 plus 2 years' interest calculated within
the development agreement.
Since none of the above requirements concerning deposit fthe appropriate monies occurred, and eight
months' time has elapsed from when the development agr ement was prepared, the City Council will be
asked to review this development agreement for complian e and to discuss whether the terms and
conditions outlined within the agreement are still appropri te or whether an agreement will be considered
for renegotiation. It is the opinion of the City Attorney th t this agreement is no longer valid because of
your failure to perform as required within a reasonable tim .
.
/ 1-- I
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Mr. Kent Kjellberg
October 8, 1998
Page 2
The Council will consider this at their next meeting Oc ober 12 at 7 p.m. In the meantime, should you
have any questions, please feel free to contact me at yo convenience.
Yours truly,
CITY OF MONTICELLO
le'cL ())~L/~
Rick W olfsteller
City Administrator
R W /kd
cc:
Jeff O'Neill, Deputy City Administrator
John Simola, Public Works Director
Dennis Dalen, City Attorney
Kjellberg West Mobile Home Park File
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11- ';,)...
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J..-S'-1i>
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CO/:)y
DEVELOPMENT GREEMENT
KJELLBERG WEST MO ILE HOME PARK
q r'-.
Agreement made and entere into this / day of
..c~b/....Le"ro ,1998, by and bet een the CITY OF MONTICELLO, a
municipal corporation organized u der the laws of the state of
Minnesota (the "City"), and K LLBERG'S, INC., a Minnesota
corporation (the "Developer").
R E C I TAL S:
WHEREAS, the Developer reque ts the City to extend or allow
extension of sanitary sewer serv' ces (the "Proj ect II) into the
mobile home park presently consi ting of :2. 0 CJ units known as
Kj ellberg West Mobile Home Park (the "Mobile Home Park II ) and
legally described on Exhibit A att ched heretoi and
WHEREAS, the Mobile Home P rk is outside the corporate
boundaries of the City and the Dev loper wishes to have the Mobile
Home Park annexed into the CitYi a d
WHEREAS, the City is willing to extend City sanitary sewer
service into the Mobile Home Park under the terms and conditions
set forth in this Agreementi
NOW, THEREFORE, it is hereby greed:
1. A. The City shall canst uct a sanitary sewer main from
its present location to a point n the northeast corner of the
Mobile Home Park as indicated on t e attached Exhibit B and shall
construct the interconnection betw en the main referred to in this
paragraph and the main referred to in paragraph I.D.
B. The main shall
selected by the City running
land owned by the City (the
Exhibit C attached hereto.
constructed on an alignment
a 60 acre parcel of unimproved
andll) and legally described on
C. The City shall constr ct and install a sewer metering
station on the Mobile Home Park pro erty which, upon completion and
acceptance by the City, become a pa t of the real property on which
the Mobile Home Park is located a d shall become the property of
the owners of the Mobile Home Park s their interests shall appear.
Prior to opening the connection f om the metering station to the
City sewer, the Developer shall pay the City an amount equal to the
costs incurred by the City in con tructing the metering station.
If the Developer fails to pay th se costs within 30 days after
demand by the City, then the City m y withdraw those costs from the
security posted in accordance with paragraph 6.0.
, , .." .3
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,
D. The Developer sh 11 install and construct and pay
for all sewer mains and laterals ithin the Mobile Horne Park as are
necessary to provide the Mobil Home Park with adequate sewer
service in sufficient time to provide for the interconnection
between the main referred to here' n and the main to be built by the
City on or before January 1, 1 99. In addition, the Developer
shall, upon the request of the Ci y, build the main large enough to
accommodate further expansion ou side the Mobile Horne Park. The
City shall pay the Developer an mount equal to the increase cost
caused by the City's request.
2 . A. Subj ect to the te ms of this Agreement, the City
shall construct the main outside the Mobile Home Park as a public
improvement pursuant to Minnesot Statutes Chapter 429.
B. The City may sell onds to finance construction of
the main and the Seller shall p y, as a special assessment, an
amount equal to the interest ra e on the bonds plus 1 1/2% per
annum. If the City sells bonds t at cover more than one project,
the Seller shall be required to p y interest on only that portion
of the bond attributable to this roject.
C. The City contempla es that the City Land will be
subdivided into smaller parcels t at the City will convey to third
parties. Upon subdivision of the ity Land, the City will reassess
for the main, assessing all the pr ncipal to the City Land, but the
Developer shall continue to pay interest as provided in this
paragraph 2. Upon conveyance of arcels to third parties, a pro-
rata share of interest and prine' pal shall be assessed against
those parcels, and the obligatio of Developer to pay interest
shall be reduced accordingly. Upo transfer by the City of 50% of
the area of the City Land, the Developer's obligation to pay
interest pursuant to this paragra h 2.C. shall terminate. In no
event shall the Developer's obli ation to pay interest extend
longer than 8 years.
3. A. The Developer hereb grants the City, its agents,
employees, officers and contracto s an easement and license to
enter upon the Mobile Home Park I nd to perform all work and/or
inspections ,the City deems necessary or expedient during the
development of the improvement.
B. The Developer shall g ant to the City such permanent
utility easements as the City may r quire to complete and maintain
the improvements. In addition, the Developer shall pay the cost of
all easements the City acquires ou side the Mobile Horne Park and
which are reasonably necessary to co struction of the improvements.
Such costs shall include, but ot be limited to, price of
easements, administrative costs, a torneys' fees, court costs and
engineering fees. In the alternat've, the Developer may acquire
the easements and transfer them to the City. Such costs shall be
assessed against the property in accordance with this Agreement.
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C. Developer shall gra t the City such utility easements
on the westerly 1/4 of Mobile H me Park property as the City may
reasonably require for future ex ens ion of the sanitary sewer and
other utilities to the west of the Mbbile Home Park. The City
shall be responsible for the res oration cost associated with any
utility construction or repair ithin the easements done by the
City.
4. A. The Developer sha 1 pay an area assessment fee of
$75,000 (based on a 60 ~e parcel) and sewer connection fees in
the amount of $225,000. The sew r connection fees shall be paid
into escrow upon execution of th's Agreem~ni~ On execution of a
contract for construction of the ewer main, he City may withdraw
funds from the escrow to pay th cost of constructing mains and
interconnection. Any money rema'ning in escrow at conclusion of
construction shall be the proper y of the City.
B. The area assessme
Mobile Home Park property in ac
Chapter 429 over a ten year perio
annum above the rate the City pa
t fee shall be assessed to the
ordance with Minnesota Statutes
with interest at a rate 1.5~ per
s on bonds for the Project.
5. The Developer represents and agrees that (except for
associating with other individu Is or entities) prior to the
completion of the improvements' as set forth in this Agreement, in
the absence of specific writte agreement by the City to the
contrary, no transfer of the pro erty shall be deemed to relieve
Developer from any of its oblig tions. In the event the City
approves a substitute developer a d the property is transferred to
the substitute, the City agree to relieve the Developer of
liability from performance as de cribed in this Agreement. The
substitute shall assume all res onsibilities and rights of the
Developer under this Agreement.
6. A. The Developer shall within 60 days after execution
of this agreement, submit to the C'ty Council a petition, signed by
all persons owning an interest i the Mobile Home Park property,
and as provided for by Minnes ta Statutes 429.031 Subd. 3,
requesting that the sanitary s wer improvements be made and
assessed as set forth in this greement. Simultaneously with
petitioning for improvements, Developer shall petition for
annexation of the Mobile Home Pa k into the City unless the City
requests otherwise. The petitio for annexation shall not be a
condition precedent to constructi n of the Project.
B. Upon the City ouncil adopting a resolution
determining the SUfficiency of the petition, the improvements shall
be designed and constructed in all respects, as other City
improvements made pursuant to the rovisions of Minnesota Statutes
Chapter 429 or other applicable s atutes. The City reserves the
right to reject any and all bids for the construction of public
improvements. If the City rejec s all such bids, then its sole
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responsibility shall be to immediat ly advertise for bids for the
public improvements.
C. The City shall cause t e aewer main to be extended to
the Mobile Home Park property not I ter that January 1, 1999. The
City and Developer shall cause the P oject to be complete and fully
operational not later than January , 1999.
.
D. Prior to the City dvertising for contracts for
construction, the Developer shalleposit with the City a sum of
money, escrow account, bond or irr vocable letter of credit, in
form acceptable to the City in the amount of $30,000.00 plus two
years interest as calculated under paragraph 2 hereof. If all
installments of special assessment shall be paid in a timely
manner and other conditions set fo th in this Agreement are met,
the security deposit shall be releas d to Developer; otherwise, the
City may use such funds to cure any default or satisfy, partially
or wholly, any judgment it might ob ain on account of any default
by the Developer. In the event eveloper violates any of the
covenants and agreements herein c ntained or fails to pay any
installments of special assessment when due, the City, at its
option, in addition to and not in I eu of its rights and remedies
otherwise granted hereunder or by I w, may as to the lot, or lots
or outlots on which there is a default declare all the unpaid
special assessments levied pursuant to this Agreement due and
payable in full upon 30 days written notice of default directed to
the Developer at its last known addr ss, and if the Developer fails
to cure such default within the 0 day period, the City may
commence legal action against the D veloper to collect the entire
unpaid balance, including reason ble attorneys' fees. The
Developer shall be liable for such s ecial assessments, whether or
not the Developer owns any interest in the lots, as to which there
have been defaults.
E. If any escrow account, bond or irrevocable letter of
credit deposited with the City in ccordance with this Agreement
shall have an expiration date pri r to 30 days after the last
installment for special assessment is due, the Developer shall
renew such security or deposit subst'tute security of equal value,
meeting the approval of the City 'At orney, at least 30 days prior
to the expiration of such security. Failure to post such alternate
security or renew such security shal constitute a default and the
City may declare the entire amount hereof due and payable to the
City, in cash. Such cash shall the eafter be held by the City as
a security deposit in the same mann r as the security theretofore
held by the City. Any amount the City draws and any security
posted under this Agreement, the Dev loper shall replace the amount
of such draw upon 30 days written n tice from the City.
F. For purposes of this Agreement and for purposes of
special assessments only, Developer agrees that the improvements
contemplated by this Agreement will increase the value of the
.
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Mobile Home Park by at least th
Developer is incurring under this
value of the obligations the
greement.
7. The Developer will prov'de and maintain or cause to be
maintained at all times during the process of constructing
improvements and until six mo ths after the City accepts
improvements constructed by Devel per and, from time to time, at
the request of the City furnish wi h proof of payment of premiums
on:
A. Comprehensive genera liability insurance (including
operations, contingent liability, operations of subcontractors,
completed operations and contractua liability insurance), together
with an owner's contractor's pol' cy with limits against bodily
injury, including death and proper y damage (to include but not to
be limited to damages caused by rosion or flooding) which may
arise out of the Developer's wo k or the work of any of its
subcontractors. Limits for bodil injury or death shall not be
less than $500,000.00 for one per on and $1,000,000.00 for each
occurrence i limits for property amage shall not be less than
$200,000.00 for each occurrence. The City, City Engineer and
Developer's Engineer shall be an a ditional named insured on said
policy. Developer shall file a cop of the insurance coverage with
the City upon request.
coverage.
B. Worker's compensat on insurance, with statutory
8. A. The terms and provisi ns hereof shall be binding upon
and inure to the benefit of the hei s, representatives, successors
and assigns of the parties hereto and shall be binding upon all
future owners of all or any part f the subdivision and shall be
deemed covenants running with th land. Reference herein to
Developer, if there be more than ne, shall mean each and all of
them. This Agreement, at the opti n of the City, shall be placed
of record so as to give notice here f to subsequent purchasers and
encumbrancers of the subject property and all recording fees, if
any, shall be paid by the Develope .
B. If any portion, section, subsection, sentence,
clause, paragraph or phrase of th s Agreement is for any reason
held invalid, such decision shallot affect the validity of the
remaining portions of .this Agreeme t.
C. The inaction or actio of the City or Developer shall
not constitute a waiver or amend ent to the provisions of this
Agreement. To be binding, amend ents or waivers shall be in
writing, signed by the parties s ught to be charged with such
waiver, and approved by written re olution of the City Council if
the City is the waiving party. The failure to promptly take legal
action to enforce this Agreement s all not be a waiver or release.
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D. Required notices to t e Developer shall be in writing
and shall be either hand delivere to the Developer, or mailed to
the Developer by United States mail, postage prepaid to the
following address: 1000 Kjellber 's Park, Monticello, MN 55362,
or such other address as may be de ignated in writing from time to
time. Notices to City shall b in writing and either hand
delivered to the City Administrato or mailed to the City by United
States mail, postage prepaid to t e address: City of Monticello,
250 East Broadway, P.O. Box 1147, Monticello, Minnesota 55362.
9. Upon execution of this Agreement, Developer shall furnish
proof acceptable to the City's ttorney that it has good and
marketable title to the Mobile Ho e Park Project.
10. Once the Project is com leted and operational, the City
will not charge Developer for any routine maintenance it performs
on the Project. During any period when the flow monitoring device
is inoperable, the City will est' mate flow based .on monitoring
records for prior periods of time.
11. The City does not warr nt to the Developer that this
Agreement or the improvements 0 be built pursuant to this
Agreement are in compliance or ill be in compliance with the
Consent Decree entered into betwe n the State of Minnesota by its
Attorney General, Hubert H. Humphr y III, and Kjellberg's, Inc., in
Wright County District Court Fi e No. C1- 92 - 243 9 entered into
between the parties on or about A ril 29, 1997.
CIT
IN WITNESS WHEREOF, City a d Developer have signed this
Developer's Agreement the day and first above written.
CIT OF MONTICELLO
By, &7 U~
Its: ftGt;c C:+cJ IJdv./l.rJ
DE
And By:
Its:
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STATE OF MINNESOTA)
)ss
COUNTY OF WRIGHT )
The
day of
theA,;/, ,..,
Monticel 0,
corporation.
e PATRICIA K. KOVICH
n '~J NOTARY PUBLIC. MINNESOTA
~._~ My Comm. Exp. Jan. 31, 2000
STATE OF MINNESOTA)
)ss
COUNTY OF ~iJl..{rc?f,)
KAREN DOTY
NOTARY PUBUe-MINNESOTA
WRIGHT COUNTY
My Commission Excires Jan. 31. 2000
muni\mont\79759797.01
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acknowledged before me this~
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,
of the City of
on behalf of the
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me this .lf1:...
the
rporation
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rr.D-rU-::Jtj IUt. lU:UCl TI\1 CTY ABSTRACT
DEC-0S-S7 14'12 FROM'CHIC~O TITL~ AGENCV
SENr By:mru.lP GROSSMAl'i ' ,2- 5-37; 12;56
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FAX NO, 3202534538
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The subject c:c~.si$ts v{ tlllO pa~els hereafter reFerred to a5 Pu'Cels "A. and -B"
ii" iden'tlfiell by To~lor Land Sl.lrv :)'QTS tnMont1ceflc. l1hmesota. ParC!:l "Art 1s
part 'of an un~iv"C1ea larger r1cultllr~1 parcel owned bj' the kjellberg
; Corp01"'lt' an. '
: P.rct!l A
That part of the South Half of t It Southea$t QUirtcr of Sectiun )5, TOVnsbip.
l31, Riln9~ 25~ Wright to\lnty. "'inn sot.. described ilS follows: Beginning at the
. , :illuthwlSt ,orner of Siid SOUth Hal Df tl\e Soytbeast Qu~rter; thence north al Dn;
I the Wlst l1n. o'f 3ai~ South Half 0 the South@l$t Quarter, .. distanc!!! of 1170',18
flit: thence- east parallsl with the soutb 1 ine of said South Half of the
SDuthaast Quutar. a. d.i~hnc.e or 2 16_86 felt to tire nDrthwst cern!!!l" 0' a t,.act
8f land deeded b wn 1 i. Be'l(Jek; thenco IClUtlP.lestel"l,y ..long the wuterly HnQ
of s.id tl"id or 1&nd, a dista1lce c 2'2.00 fClOt.l ~enc:e so~tite';'$ter'y along the
50lltherly 1 ine of .said tract of 1.;& d. I di$bnce gf 321.50 feet to the westerl,y
rlght ar wq l1ne of H1nn.sota Sh e K'ighw.y H;. 2'~ 'thllnce SOUT.hwes'te~l'y along
sa1d westerly r1ght of ,!ay line, I dinU'li: gf 9a3.el feet 'to tbl! SQuth line of
(' slid 'SCll.lth ~lf of the Southeut Q arte,,; ~l'lGnclii W$t along said SOUth Hne.. ~
d;S~lft'~ of 1784.78 felt to t~e pint of b&ginnj~g.
Also that plT't c.f the E;st Half of e Sout!lwest Q'tll1"tar of Sedhn 15., r01uhlp
l21, R~88 25, \lrigbt Covnt,., Hinn $9t. dU~ihed as '01101013: hgirIJliD9 ~1. 'he
, so~thelsti tamer of sajd fast Hal gf th. SQuthwest Quilrter; ~henc.e &long an
as~all!d b~aring of' NO~h a degrH 06 minutes 53 .seconds East Ilong the u;t,
line of i~1d East half of the sou st Quarter. i distance of 1988.69 feet to
,tit@ ncrt~ust eM'!UiI!' a' the SOlll Half af the Hortheast Quarter of said
southwstl QUIP'te,.~ tl\(!ncca nortn 89 dlg1'lH 04 minute. D1 I:RCOnds \leS't alcf4 tha
1'loJ;"th 11M offsaid South Half gf U. NoY"theist Quarter of the SOLlthwest O~arter,
a dhtanl;e of 200.07 feet, than~ Cl"th 48 degrees 26 lIinlrtss 40 sec:anGS West,
· dhtlJftce gf Z35.82 feetj thlUlte orth 89 de9t"Ces 04 1II1m,rtes 07 ~~onds West,
I di5tlnce of 95.Z6 f8~t; then~ s uth 15 degrees 36 lIinutes 40 seconds West.
a distance ~162.oa feet to ~id n tth 11ne of the South Kalf of tltl Morthsut
Quart!r af Sau:thws,St Quarte": en North 89 degreel 04 minutes 07 secORds
West alD! S -d l10rth Hne. a d1st nc:e of '7.55 feetl thane. South 0 degrees 06
lIinute!> socond, Vnt, ... dist.an of 4.00.00 feet; t.AMee South 89 d~t'ees Ol
~n~tel ~e~gnd$ East, ~ distanc of 300.03 feet; toen,e South 0 d8g~8.5 06
minutes seccnds West. a l1istanr; Df' 1581.75 fnt 'to the SDUth line of said
East Half. af tlte Southwist Qija r; then", SOUth 88 degrees S3 !llnutes 59
seconds East along said south line a diJtlftC~ of 319.67 feet tD the point of
bQ~in~tn~_
A. Plit 1l'21) for F'iilr;:l A fOl1QMS on the next page:
121510
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Sell Appnisa1s, 1m::.
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TOTAL P. e6
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EXIBlT C
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That part of Sections 14 and 15-121-2 described as follows: Commencing at
the SW corner of the SE 1/4 of said B ction 15; thence North along the West
line of the said BE 1/4, 1170.18 feet ( 023/25 rods); thence East parallel with
the South line of the said SE 1/4, 723.00 feet to the actual point of beginning;
thence continue East parallel with th said South line, 1669.49 feet to the W-
ly right of way line of Minnesota Tru k Highway No. 25; thence NE-ly
deflecting 632 II' 30" left along the s d right of way line, 611.21 feet; thence
continue NE-ly along the said right 0 way line along a tangential curve,
concave to the NW having a central a gle of 82 52' 24" and a radius of
5745.44 feet, a distance of889.79 feet thence continue NE-ly along the said
right of way line tangent to the last d scribed curve a distance of 54.42 feet to
a line parallel with and distant 66.00 eet South of the North line of the NW
1/4 ofSW 1/4 of Section 14; thence W st along the said parallel line, 441.10
feet to the West line of said NW 1/4 0 SW 1/4; thence continue West parallel
with the North line of the said SE 1/4 fSection 15, 66.00 feet; thence North
parallel with the East line of the said E 1/4,66.00 feet to the North line of
the said BE 1/4; thence West along th North line of the said BE 1/4, 1807.60
feet to a line parallel with and distant 723.00 feet East of the West line of the
said BE 1/4; thence South along the s id parallel line, 1478.51 feet to the
point of beginning, including therein ot A of the NW 1/4 ofSW 1/4 of
Section 14-121-25. Subject to easeme ts of record.
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Council Alenda . 10118196
9.
@'Pllt~r
(J.O.)
As you may recall, in January of 1996 the City Council approved a
conceptual approval of a fundine pa Ie outlining fees and related
expectations associated with connecti n of the Kjellbere Wee.t Mobile Home
Park. City Council is asked to review the action taken. in. January 1996 and
detennine whether or not the agreem nt stands given the recent inability of
the city to obtain increase in the was water treatment plant loading limits
in an amount commensurate with the additional flows from the west park.
Based on the meeting minutes from J uary 22, 1996, it appears that
Council action to allow Kjellberg to fo low the 199~ tee schedule was
somewhat predicated on obtaining th peA increase to the load 1imita. Now
that this increase is not going to be a ailable, doe. the City Council wish to
continue to offer the &ame agreement to Kjellberg?
If Council decides to require that Kja her, tallow the 1996 fee etn1cture, it
would amount to a $45,000 inCtease i the $180,000 hookup fee.
Another factor to consider is the iner asing cost to provide wastewater
treatment plant capacity. Since Jan , 1996, the cost estimate to construct
the wastewater treatment plant bas creased by $1,500,000. It could be
ariUed that l{iellberg should pay a her rate because the refit of the city
taxpayers will be payine a hiiher ra. due to the increase in. the estimated
cost to build the wastewater a-eatm t plant. .
The Pollution Control Agency reques ed that this iteM be brought before the
City Council. It is important for the A to have this issue resolved so that
they can detennine whether or not pur&ue litigation. Itit. appears that the
connection to the city system is a de d issue, then the PeA wants to be able
to e-ear up to force Kjellberg to camp ete development onus on-site system.
R. ALTERNATTV1i1 ACTIONS:
1. Motion to extend existing a
2.
Motion to withdraw original greement and direct City atafl'ta
renegotiate.
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Council Agenda - 10/28/96
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Und@r this alternative, City s would sit down with Kjellberg and
detennine if there are some ts of negotiation that could improve
the package for the City in ligh of the added cost of the wastewater
treatment plant and no additio alloading.
Note mentioned in previOU5 dis ssion is the impact of the added
population on state aid revenu . If anneutiQD occurs, the additional
population (approxim.ately 600 will result in an annual inCt"ease in
state aids for street constructi in the amount of approximately
$9,000.
C. H'rAFFRECpMMENDATION
,-.,
It is our recommendation that the original agreement te1'1118 be withdrawn
because the city did not obtain additi nalloading limits. However we believe
that it continues to make sense to en urage hookup of the west park to city
services. Connection of the park to ty services will avoid long-term
environmental probleIIlB Blld elirai future state and local headaches
aS80ciated with 1llOnitoring the ope~ non of a huge private waste system
directly adjacent to city boundaries. The presence of this system could, in the
long run, threaten ground water au: lies for the entire city, and the
treatment facility itself could possib emit odore that could affect city
development that will soon be on th doorstep of the west park. We should
continue to negotiate with the eoal providing wastewater treatment service
at a fait price.
.
D. SUPPORTING- DATA:
January 22, 1996 meetin~ minutes; January 22, 1996 agenda item #3A.
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Council Minutes - 10/28/96
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9.
Assistant Administrator Jeff O'Neill r ported that in January of 1996, the
City COWl.cil approved a conceptual ding package outlining fees and
related expectations associated with c nnection of the Kjellberg West Mobile
Home Park. The agreement to allow jellberg to follow the 1995 fee schedule
was somewhat predicated on obtainin an increase to the wastewater
treatment plant load limits; however, since the increased load limit was
denied by the Pollution Control Agen y (PCA), Council was asked to decide
whether the same agreement should e offered to Kjellberg or whether staff
should renegotiate an agreement for est park hookup to the city sanitary
sewer system. Under the original a eement, Kjellberg agreed to escrow
$200,000 (hookup fees and a portion f the area assessment) and the
remaining $55,000 would be assessed against the property. O'Neill noted
that if Kjellberg was required to folIo the 1996 fee structure, his fee would
increase $45,000 over the 1995 hook p fee of $180,000.
O'Neill went on to explain that the P A requested that this item be brought
to Council so that they could dete . e whether or not to pursue litigation.
If Kjellberg's connection to the city s wer system was not likely, then the
PCA would need to force Kjellberg to complete development of his on-site
system.
Councilmember Herbst suggested th t if Kjellberg escrowed the total amount
of $255,000 with the City within a m nth, he would agree to charging the
1995 rate; otherwise, at the time the money was deposited with the City, the
prevailing rate would apply. It was he view of Mayor Fyle that since the
load limit increase for the treatment plant was denied, Kjellberg should be
required to pay the prevailing rate a the time he deposits funds with the
City.
Rick Cool, representing the PCA in 1 tigation regarding the mobile home
park, asked what the cost to Kjellbe g would be under the proposal that he
pay the prevailing rate. O'Neill not d that under the 1996 rates, Kjellberg's
cost would be approximately $300,0 O.
Kent Kjellberg stated that he had b en waiting for the City to decide where
the sewer line should be installed u to his property and that he would be
ready to hookup anytime. He also sated that the City's engineering staff
changed the depth of the sewer line and there seemed to be changes
regarding the storm. water policy. jellberg noted that he was waiting for
final approval on plans and had onl 200 ft left to complete in, the ea,st p,ark., ,.-
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Council Minutes - 10/28/96
e-
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Assistant Administrator O'Neill note that staff had been working on the
east park hookup to sanitary sewer d hadn't been exerting pressure on
Kjellberg to hookup the west side. Ci y Engineer Bret Weiss added that
three alternatives had been presente for serving the west park; however,
staff felt the east park hookup shoul be completed prior to working on the
west park. In addition, Weiss stated at Kjellberg's engineer had been
given the pipe depth information ove a month ago and that unapproved
work had been done at the east park ite. The remaining 200 ft of work was
on hold pending submittal of plans fo City Engineer approval.
AFTER DISCUSSION, A MOTION WAS E BY BRAD FYLE AND SECONDED
BY CLINT HERBST TO CHARGE AND OCK IN THE PREVAILING RATE FOR
SANITARY SEWER HOOKUP AT THE !ME THAT KJELLBERG ESCROWS WITH
THE CITY THE TOTAL AlV10UNT DUE FOR THE WEST MOBILE HOME PARK .
Motion carried unanimously.
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(J.O.)
Council Agenda w 2/9/98
Co
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City Council is asked to consider adop ing the attached development
agreement governing cOlmection ofK;j llberg West to city services. This
agreement is based on previous actio by City CO\lllcil on a c.onceptual plan
outlining the terms of the connection. In recent months, city staff and
Kjellberg have been working toward evelopment of a specifLC agreement
that reflects the concepts previously proved by Council. Kjellberg has
indicated agreement through his si ture on a draft of the agreement.
Please note that the previous Council action locked in the fees below based
on an agreement being executed by D cember, 1997. It is the view of the
City Attorney that the agreement wa received by Kjellberg prior to this date
and therefore the City would be reas nable to follow the 1997 fee schedule
accordingly. If, however, there are y delays in obtaining execution of the
development agreement, then Kjellb g should be subject to the 1998 fee
program..
Highlights of the agreement include:
. Kjellberg provides $225,000 c sh deposit to fund connection fees.
. Kjellberg accepts a $75,000 as essment to fund area trunk fees.
. Kjellberg provides a $30,000+ deposit to guarantee payment of interest
payments on the cost to exten utilities to the site.
. Kjellberg accepts city constru 'on of the metering station and utilities
serving the site.
. Kjellberg pays interest expen e for a period of 8 years on the city cost
to extend utilities to the site.
. The city installs utilities to t e site following a future road alignment.
B. AT ,TRRN A 'fIVE ACTIONS:
1.
Motion to accept developm.en agreement.
a. Motion should be cont" gent on development of an addendum or
second agreement gov rning maintenance of the private
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CounciIAgenda-W9/98
metering station. This a eement to mirror the agreement
governing maintenance f the private metering station at the
Kjellberg East Park.
b. Motion also contingent 0 modifications as directed by Council.
John Simola has noted a few modifications that could be made
that do not appear to al r the intent of the agreement but could
serve to clarify the agree ent. During the preparation of this
memo, I am discussing e items with the City Attorney.
Under this alternative, the dev lopment agreement will be signed at
such time that Kjellberg provid s the city with $225,000. A meeting
with Kjellberg is planned for eeday) February 10, 1998 for the
purpose of executing the agree ent. Under the development
agreement, the developer has 6 days to petition for utilities and
annexation. It is expected that the petition will be forthcoming.
.
In conjunction with future ysis of the sanitary sewer alignment,
city staff may be proposing tha the city property be platted for
development. At a minimum, sketch plan will need to be developed
that shows how the city prope y could be subdivided. This analysis
will be done in conjunction wi ongoing discussion relating to
development of industrial prop rty and will take into account potential
for utilization of the site as a 1 cation for bulk tanks, FerrelIgas, or
truck depot (Danner, Ritze, Li fert ete).
2.
Motion to deny approval of the development agreement as suggested.
Council should select this alte ative if it feels that the agreement
does not reflect Council directi n.
The City Administrator recommends ternative 1,
D. SUPPORTING DATA:
Copy of Development Agreement; Co. y of meeting minutes from previous
Council action; Copy oflettet from 'ck Wolfsteller to Kent Kjellberg.
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GO.
(J.D.)
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Council Agenda - 3/9/98' ii 4Y'~'J'"
D:
City Council is asked to consider orde . g plan work in preparation for
installation of the sanitary sewer line xtending from its present position at
School Boulevard to the northwest ed e of the mobile home park. Initiation
of the project is consistent with the 8 eement recently approved by the City
Council; therefore, this item is eBseD . ally a housekeeping matter. According
to the agreement, the City will install the utility line once the a~ement is
executed and a $225,000 escrow depo it is established. At this point in timet
the agreement has been signed and ware waiting for the funds.
Please note that the alignment for th sanitary sewer will likely serve to
establish the future toad alignment f1 r School Boulevard extending westerly
from Highway 25 through the GO.aer city property, The City Planner will be
working- with the City Engineer in e5 blishing a utility/road alignment that
results in the best potential for devel pment.
B
ALTERNATIVE ACTIONS:
1, Motion to approve resolution a cepting petition and ordering
feasibility study and plans specifications for installation of
sanitary sewer service to the . ellbergs West Mobile Home Park
contingent on Kjellbere5 provi' a $225,000 escrow deposit.
2. Motion to deny ordering feasib" 'ty study and plans and specifications
for installation of sanitary se r service to Kjellbergs West Mobile
Home Park.
Staff'recolI1JD.ends alternative j1.
D. SUPPORTING DATA:
Petition for improvements.
4
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.
Council Minutes - 3/9/98
. -,,,."" .-.. - ._'. ~,-'-' -...,....., ,'."'- .-- -.- ..'.. ~.' - - "..&. Y'~''''' _,_~,'_ _,,_,__"','_~ _.......~....-~,........,..---....~~~~~'- ..'..:-.'....'.,:,.,:......,,~,~~'......'-,..
........-....~~,-,~~'--,.~-,~.._--.;' ,. , .' ~ - -'_. - - , , .
D.
n 1 n n u h rizin
ti n D r the K'ell r es
sewer extension. Recommen ation: Approve a resolution accepting
petition and ordering feasibilit study and plans and specifications for
installation of sanitary sewer s rvice to the Kjellbergs West Mobile
Home Park contingent on Kjell ergs providing a $225,000 escrow
deposit. SEE RESOLUTION 9 -8.
.
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.
No letter had been received from the City Attome at the time of agenda preparation.
II"'~~
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Council Agenda - 10/12/98
12.
A. REFEREN E AND BACK
At the previous meeting, the Council auth rized submitting a purchase offer for a I-acre
parcel of vacant land adjacent to property lready owned by the City on West County
Road 39 for $45,000. This parcel is locate directly across the road from our present
public works maintenance facility and is also adjacent to a recently-acquired lA-acre
parcel of land the City purchased from TD Telecom.
Elraine Brennen of Edina Reality submitte our purchase agreement to the estate and
received a counteroffer from the owners in icating they would be willing to sell the
property for $55,000. I indicated to Elrain I could bring this counteroffer back to the
City Council for consideration but suggest d that she contact the owners to see if we
could expedite the negotiation process by slitting the difference, with the City
purchasing the property for $50,000. If the owners were agreeable, I indicated I would
bring it to the City Council for approval. T e owners reviewed my proposal and
indicated they would accept $50,000 for th property if the Council approved the
purchase Monday night.
B.
ALTERNATIVE ACTIONS:
1. Authorize the staff to complete the urchase of the property at the negotiated price
of $50,000.
2. Do not authorize purchase at this ti
C. STAFF RECOMMENDATION:
It is the recommendation of the City Admin strator and Public Works Director that the
City acquire the property for the negotiated rice 01'$50,000. While the need for the
property may not exist for a number of year , the price may not be unreasonable for the 1-
acre parcel since it is adjacent to property w already own and is across the street from
our other public works facilities. Funding fj m the purchase can be taken from our water
access fund, similar to where the funds cam from for the purchase of the adjacent 104-
acre parcel.
D. SUPPORTING DATA:
Map outlining location of parcel.
24
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Council Agenda - I 0/12/98
13.
A. REFERENCE AND
At the upcoming November General Elect on, a question will be on the ballot asking the
voters to approve allowing the issuance of p to 6 additional on-sale liquor licenses as
determined by the Council. The City is c ently allowed to issue 6 on-sale licenses; and
if approved by the voters, the Council wou d have the ability to issue 6 additional licenses
to establishments such as bowling alleys, tels, or restaurants. These are the only
legally-authorized businesses that are eligi Ie for on-sale liquor licenses in our
community, regardless of the number we h ve available.
The State Statutes are somewhat limited 0 what they define as a restaurant, and it is
currently up to the local governments to esablish any specific requirements we like to
have for our minimum standards of a resta rant eligible for a liquor license. The State
definition for a restaurant is an establishme t under the control of a single proprietor or
manager where meals are regularly prepare on the premises and served at tables to the
general public. In most cases this would b easy to accomplish--all that has to be shown
is that you are preparing food and serving i to the public. The Council may want to
consider establishing more stringent minim standards that will need to be met in order
for future license applications to be conside ed.
Our current city ordinances relating to liqu r licenses indicate that no on-sale license will
be granted to any person who does not have invested or does not propose to have in the
fixtures and structure of the proposed on-sa e establishment a minimum of $200,000.
This is supposed to be exclusive of land an should be the minimum value of the building
and fixtures being considered for the licens . In addition, it is recommended that the
Council consider establishing criteria for fu er refining the definition of a restaurant to
mean an establishment with a minimum sea ing capacity of 50 people with a full service
menu and a commercial kitchen license by t e Department of Health. In addition, a
requirement could be that all food must be s rved on plates with silverware, etc. The
establishment of these types of additional cr teria would likely prevent an application for
a license that resembles simply a bar with h tdogs and sandwiches trying to meet the
definition of a restaurant. I believe it is the i tent of the Council and also that of the MCP
group that these additional licenses be avail ble in the future for a recognized restaurant
facility that wants the availability ofIiquor ong with hotels or motels. I don't believe
the intent is to simply establish more on-sale bars.
Before the upcoming referendum question is considered by the citizens, I think it would
be important for the Council to establish the ype of facilities and minimum standards that
would be expected before a license is issued. This should help clarify the City's intent in
asking for additional on-sale license capabili ies and dispel any rumors that may exist
concerning wanting to issue licenses simply 0 bars.
25
.
B.
AL TERNA TIVE ACTIONS:
Council Agenda - 10/12/98
1. Council could amend our liquor 0 dinance, Section 3-2-7, requiring restaurant
establishments to have seating ca acity for at least 50 patrons, provide a full
service menu with preparation wi hin a commercial kitchen licensed by the
Department of Health, and provid ng that all food service must be served with
dishes and silverware within the e tablishment.
The above clarifications and exp sion of the restaurant definition along with
requirement for a minimum invest ent of $200,000 would help set a good
minimum requirement for any fut re on-sale liquor license application.
2. Do not establish any minimum sea ing requirements or additional standards other
than those allowed by State Statut .
C. STAFF RECOMMENDATION:
It is the recommendation of the Administr tor that the additional requirements outlined in
Alternative #1 be considered by the Counc.l as an ordinance amendment to our liquor
ordinance. The current definition of a rest urant is vague in accordance with State
Statutes in that it only requires meals to be prepared and served at tables to the general
public. If it is our intent to utilize future 0 -sale licenses for legitimate restaurants with
liquor being a secondary issue to that estab ishment, I would recommend alternative #1
be adopted.
.
D. SUPPORTING DATA:
Copy of proposed ordinance amendment.
.
26
.
.
.
ORDINANCE AME DMENT NO.
THE CITY OF MONTICELLO, MINNESOTA HEREBY ORDAINS THAT CITY
ORDINANCE SECTION 3-2-7 PERTAINING 0 PLACES INELIGIBLE FOR ON-
SALE LIQUOR LICENSES SHALL BE AMEN ED BY ADDING THE FOLLOWING:
3-2-7: (A) No on.sale license shall be gr ted to a restaurant that does not meet the
following minimum standard as determined by the City Council:
I1TL~
1. The restaurant shall h ve seating capacity for')6 guests. c:...:... r.p r;~ ~
{j;Nit-JG- "rt.t-....... to
2. The restaurant shall h ve a full service menu available with meals
prepared on site withi a Minnesota Department ofHeal.th licensed ~
commercial kitchen. ' -.1--. i>~ .,-t.... ~. I fO~ r '
3. All meals shall b~se ed at tables~ ~~:';'a;;: :l~;~~:'~i~'!~ol! ~-&, c~,
..siI11erw:i1Ce../-tdPr;--- (..r -n;ib 70 P4&v ,.d. f r/..l /.A..s 1A.....e. V- A4 tMll
.r~~ '\<l ,-I--J ~"
Adopted by the City Council this~ day of Octob r, 1998.
UfL.-
ayor
ATTEST:
City Administrator
13-1
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.
COUNCIL UP ATE
Monday, October 12,1998
By Ollie Koro chak
225 Front Street
At the Council meeting of September 28, 1998, Coun il members authorized to offer a right of
first refusal for the property located at 225 Front Stre t. The right of first refusal for an amount
of$500. John Peterson, Attorney representing the pr perty owners, was contacted and the offer
verbally presented. At this time, no response to the ci y offer has been received. However, I was
unable to reach Mr. Peterson until last Wednesday. I the property owner is acceptable to the
right of first refusal then appropriate documents will e prepared. One question, was the $500
offer for one year?
IDC Banquet
The annual IDC Banquet is scheduled for Tuesday, 0 tober 27, 1998, beginning at 6:00 p.m. at
the Monte Club. I assume each council member has r ceived an invitation or ticket in the mail. If
you are interested in attending, the city will pick up t e cost of the your ticket. Please notify Rick
or myself, so payment and reservation is made accord ngly.
~jRC F r NANC [Al, SYSTEM
_0/02/98 09: 57 :28
Schedule of Bills
CIT OF MONTICELLO
GL050S-V 5 20 COVERPAGE
GL540R
i~et)ort Selection:
RUN GROUP_.. 0930
COMMENT... 9/30 CKS
OA TA-JE- ro
OA T A COMMEN T
-...___________.u ________________________
0-09301998-649 9/30 CK5
Run Instructions:
Jobq Banner Copies Form Printer Hold Space LPI Lines CP]
J 01 Y S 6 066 10
.
.
-- ---".'-.- .---"--.- -..-.
EiRC FINANCIAL SYSTEM CITY OF MONTICELLO
10/02/98 OU7,2B Schedule Oi' SilL; GL540R-V05.20 PAGE 1
IENDOR NAME
DESCRIPTION AMOU!H ACCOUNT NAME r:UND & ACCOUNT CLAIM INVOICE POll F/P ID LINE
AME GROUP
WWTl)"OP SUPPLI ES 134.28 MISC OPERATING SUPPLIES 436.49201.2199 215310.215988 649 00001
ANDERSON/RICK
14.5 HRS @ 27.50 398.75 1997 STORM DAMAGE E PENS 101.42501.4401 649 00002
ANKENY KELL ARCHITECTS,
COMM CENTER-ARCHITECT 69,061.60 PROF SRV - ARCHITEC S' F 461.49201.3020 8989, 0002 649 00003
AU J'OMA TIC SYSTEMS CO.
WATER-.SERVICE 3,381.87 MISe PROFESSIONAL S RVIC 601.49440.3199 9199 649 00004
8ANYAI MASONRY
WATf:R-REI)AI R CONCRETE 200.00 UTILITY SYSTEM MTCE SlJPP 601.49440.2270 649 00005
BARR ENGINEERING COMPANY
eOMM CENTER-.ENG FEES 5,387.50 PROF SRV - ENGINEER1 NG F 461.49201.3030 649 00006
BATTERY WHOLESALE, INC.
WATER-BATTERY 80.03 EQUIPMENT REPAIR PA TS 601.49440.2210 4579 649 00007
.U80Y CORPORATION BAR
TAXABLE MISC 149.62 r~ISC TAXABi.E 609.49750.2540 649 00008
l.IQUOR 71.00 l.IQUOR 609,49'1S0.2S10 649 00009
220.62 *VENDOR TOTAL
BERNICK'S PEPSI COLA COM
BEER 588.79 BEER 609.49750.2520 649 00024
MIse TAXABLE 72.2S MIse TAXABLE 609.49750. 2~j40 649 00025
661.04 *VENDOR TOTAL
BIG LAKE l.UMBER
PARKS-TREATED PINE 32.99 MISC OPERATING SUPPL ES 101.45201.2199 97754 649 00010
BRAUN ENGINEERING
WWTP-MATL TESTING 524.50 MISC PROFESSIONAL SE. VIe 436.49201.3199 109143 649 00011
KLE IN FARMS 3RD 167.50 PROF SRV . ENGINEERI G r: 452.49201.3030 109144 649 00Ol?
8IOSO~IDS MONITORING 1,603.50 BIOSOLIDS FARM IMPRO EME 602.49480.4385 109150 . 649 00013
2,295.50 *VENDOR TOTAL
8RC .. ASSIST CENTER
eOMI)UTER M/A 1,818 < 00 PROF SRV - DATA PROC ESSI 101.41920.3090 1200809 RI 649 00014
BRUCE/BIll.
ee-svs DESIGN & MEETINGS 3,885.00 MIse PROr:ESSIONAl. SE Rile 461.49201.3199 8236, 8237 649 00015
.FFAl.O BITU~llNOUS, INC.
STREETS-OP SUPPLIES 94.24 MIse OPERATING SIJPPL I S 101.43120.2199 8548 649 00016
8RC FINANCIAL SYSTEM CITY OF MONTICEL.LO
_0/02/98 09:57:28 Schedule 0 Bfl"'; GL540R-V05.20 PAGE 2
,EN OOR NAME
DESCRIPTION AMOUNT ACCOUNT NAME r.UND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE
CENTRAL MINN INITIATIVE
CMJF GRANT REIMB 1,100.21 GRANT REIMBURSEMENT 223.46501.6601 649 00022
CHAMPION AMERICA INC.
PARKS-ENAMEL & ALUM. 131.90 MISC OPERATING SUPPLIES 101.45201.2199 3!i2878 649 00023
CONSTRUCTION MARKET DATA
PARKING LOT OVERLAYS 104.40 LEGAL NOTICE PUBLICAT ION 101.41910.3510 CB27410 649 00026
DAHLHEIMER DISTRIBUTING
8EEI\ 10,473.3'7 BEER 60949750.2520 649 00027
NON Al.COHOl.IC 424.20 MISC TAXABLE 609.49"150.2540 S49 00028
10,897.57 *VENOOR TOTAL
DAY DISTRIBUTING COMPANY
BEER 3,280.05 BEER 609,49750.2!i?0 649 00029
OOTY /KAIIEN
TRAVE~ EXPENSE 15.68 TRAVEL EXPENSE 101.41301.3310 649 00030
CC MEETING MEALS 58.58 TRAVEL EXPENSE 101,41110,J3"!0 649 00031
74.26 *VENDOR TOTAL
eSEl.E/TfIACY
LIOUOR-CONVENTION 29.60 TRAVEL EXPENSE 509 119754.3310 649 00032
FAEGRE & BENSON LLP
WWTP-LEGAL FEES 307.45 PROF SRV - LEGAL FEES 436.49201.3040 567293 649 00033
FLESCH'S PAPER SERVICES,
GEN OP SUPPL! ES 90.37 MISC OPERATING SUPPLI 5 609.49754.2199 1127390 649 00034
FORESTRY SUPPLIERS, INC
PARKS-OP SUPPLIES 321.18 MISC OPERATING SUPPLI S 101.42501.2199 563631 649 00035
FOSTER-FRANZ EN-CARLSON A
BOND-HWY RIGHT OF WAY ~i 0.00 MISC GENERAL INSURANC -Ei 101.41301.3699 649 00036
GLUNZ/RAYMOND J
GRAVE OPENINGS 1,330.00 PROF SRV - EXCAVATION 651.490103115 549 0003'1
GOULD BROS. CHEV-OLOS. C
STREETS-BECKER WORLD VEH 50.00 I\EPA I R & rm: - OTHER 101.43120.4099 ADJ08279g G49 00038
GRIGGS, COOPER & COMPANY
LIQUOR 5,76'/.'/5 LI QUOR 609.49'/50.2510 649 00039
WINl: 848.19 WINE 609.49750,2530 649 00040
.t.1I~C TAXABLE 100.0'/ MISC TAXABLE 609.49750.2540 649 00041
FRUGHT 80.25 FREIGHT 609,49750.3:130 649 00042
6,796.26 "VENDOR TOT AI.
-'--- ---'~-'-'--~-,_.
BRC FINANCIAL SYSTEM CITY OF MONTICELLO
.O/02/CJ8 09:5'1:28 Schedu'le o'r Bills GL540R-V05.20 PAGE 4
JENOOf( NA~lE
DESCRIPTION AMOUNT ACCOUNT NAME r:UND & ACCOUNT CLAIM INVOICE PO~ F/P ID LINE
~1I NN EGASCa
LIQ STORE 1!i.98 GAS 609.49754.3830 649 00059
HRA 55.28 GAS 213 46522.3830 TIF 1-22 649 00060
71.26 *VENDOR TOTAL
MONTICELLO CHAMBER OF CO
MAYOR FAIR-FUND RAISER 75.00 CONFERENCE & SCHOOLS 101.41110.3320 649 00070
CH"SCARECRO~J CONTEST 10.00 ~lISC OTHER EXPENSE 101.41940.4399 649 00071
85.00 *VENDOR TOTAL
MONTICELLO/CITY OF
ELEeTlONS-FOOD 17. 69 MISC OPERATING SUPPLI S 101 A 1410.2199 649 00061
CC MI:ETlNGS 3.50 MISC OPERATING SUPPLI S 101.41910.2199 649 00O(j2
PARKS--MEET I NGS 13.44 MISC OPERATING SUPPLI 5 101.45201..2199 649 00063
P & Z ~lEETINGS '18.74 MISC OPERATING SUPPLI S 101.41910.2199 649 00064
MISC MEETINGS-POP 35.75 MISC OPERATING SUPPLI S 101.41301.2199 649 00065
O-CON 4.:19 MISC OPERATING SUPPLl S 101.41940.2m 649 00066
CH POSTAGE 5,67 POSTAGE 101.41301.3220 649 00067
Ol/cRAGE 1,00CR OTHER MIse REVENUE 101.:16299 649 OOOGB
158.18 *VENDOR TOTAL
~RTHERN HYDRAULICS
PARKS-TV SECURITY CAMERA 90,11 FURNITURE & FIXTURES 101.45201.5601 511703878 649 00072
NORTHERN STATES POWER co
WATER 4,929.02 ELECTRIC 601.49440.3810 649 00073
SEWER 166.89 ELECTRIC 602.49490.3810 649 000'14
STREET LIGHTS 6,092.44 ELECTRIC 101.43160.3810 649 00075
DEP REG 115.83 El.ECTR I C !01.41990.3810 649 00076
PARKS 917,46 ELECTRIC 101.45201.3810 649 000'17
CIVIL DEFENSE 14.27 ELECTRIC 101.42501.3810 649 00078
SHOP/GARAGE 683.84 ELECTRIC 101.43127.3810 649 00079
FIRl: STATION 267.86 aECTRIC 101.42201.3010 S49 00080
LIBRARY 756.87 ELECTRIC 211.45501.3810 649 00081
Cft 1,070.46 ELECTRIC 101.41940.3810 649 00082
PA.RKING LOTS 98.82 ELECTRIC 101.43140.3810 649 00003
Ll QUOR STORE 1,415.13 ELECTRIC 609.49754.3810 649 00084
AN SHELTER 128.2'1 ELECTRIC 101. 42701. 381 0 649 00085
HRA 15.80 El.ECTR I C 213.46522.3810 TIF 1..22 649 oooas
16,6'12. 96 *VENDOR TOTAL
PHILLIPS WINE & SPIRITS
WINE 3.131.62 WINE 609.49750.2530 649 00087
LIQUOR 11,027. 7a LIQUOR 609_49750.2510 649 00088
FREIGHT 102.18 FREIGHT 609.49750. :1330 649 00009
14,261.58 *VENOOR TOTAL
.NNACLE DISTRIBUTING
MISC TAXABLE 185.95 MIse TAXABLE 609.49750.2540 994594 649 00090
BRC FINANCIAL SYSTEM CITY OF MONTICEl.l.O
~O/02/98 09:57:28 Schedule () Bms GL540R-V05.20 PAGE 5
IENDOR NAME
DEW(!PTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLA rr~ INVOICE POll F/P 10 LINE
PROFESSIONAL SERVICES GR
WWT() CONTRACT 35,360.50 PROF SRV - PSG, [NC 602.49480.3080 OCTOBER 649 00091
QUAl.ITY WINE & SPIRITS C
LI QUOR 287.43 l.l QUOR 609.49750.2510 641650 649 00092
i<,])'S MOBIL
STREET..DI ESEL 22.00 MOTOR FUELS 101.43120.2120 649 00093
f: IRE-GAS 12.92 MOTOR FUEl.S 101.42201.2120 649 O(J09A
34.92 *VENDOR TOTAL
RENTAL SERVICE CORPORATI
STREETS-R & M VEH 235.70 MISC OPERATING SUPPLIES 101.43120.2199 2956234 649 D0095
STREETS-BRKR,HAMMER 1,3:18.65 OTHER EQUIPMENT 101.43120.5801 2956366 649 00096
1,5'14.35 *VENDOR TOTAL
RON'S GOURMET ICE
ICE 407.D5 MISC TAXABLE 609.49750.2540 23532, 23894 649 00097
ROYAL TIRE OF MONTICELLO
PARKS-EQUIP REPAIR PARTS 42.00 EQUIPMENT REPAIR PART 101.45201.2210 649 00098
. PARKS- T! Rf: REPA I R 77.45 REPAIR & MTC - VEHICl..S 101.45201.4D50 649 00099
STREETS-OP SUPPLIES 7.70 MISC OPERATING SUPPLI S 101.43127.2199 (j49 00100
127.15 *VENDOR TOTAl.
SAARION/GARl.
PARKS-PICNIC TABLE FRME 1,200.44 FURNITURE & FIXTURES 101.45201.5601 649 00101
SALZWEDEL/PATRICIA
AN CONTROl. CONTRACT 1,197.50 PROF SRV - AN I MAL CTRI o 101.42'/01.3120 OCT 15 649 00069
SHERBURNE COUNTY CITIZEN
PET AD 30.00 ADVERT! SING 609.49'/54.3499 649 00102
WANT AD SUJO ADVERTlS ING 609.49754.3499 649 00103
84.00 *VENDOR TOTAL
SHUMAN/CATHY
FINANCE-MN GFOA CONF 332.17 TRAVEl. EXPENSE 101.41520.3310 649 001D4
ST. Cl.OUD RESTAURANT SUP
LIBRARY-CLNING SUPPLIES 46.'/0 CLEANING SUPPLIES 211.45501.2110 649 00106
MISC TAXABL.E 70.65 MISC TAXAfll.E 609.49750.2540 4 '19843, 32358 649 D0105
117. 35 *VENDOR TOTAL
STEVE'S ELK RIVER NURSER
PARKS-FABRIC 287.55 MISe OPERATING SUPPLIE 101.45201.2199 9956 649 00107
eYLOR L,AND SURVEYORS IN
ELLISON PRK SURVEYING 2,650.00 MISC PROFESSIONAL SERV C 101. 41 9 1 0.3199 98298 649 00108
-----..- --~~-~-- -.-..- ---.-
BRC FINANCIAL SYSTEM CITY OF MONTICELLO
~0/02/98 09:57:28 Schr~(!u '18 Of Bills Gl540R-V05.20 PAGE 6
/ENDOR NAME
DESCRIPTION AMOUNT A,CCOUNT NAME FUND & ACCOUNT CLAIM INVOICE POil F/P ID LINE
If! I BaDEAUX/SUE
CC~YIDEO TAPES 9.04 MISC OTHER EXPENSE 101.41110.4399 649 00110
TRAVEl. EXPENSE 1. 96 TRAVEL EXPENSE 101.41520.3310 SEPT 649 00109
11. 00 *YENDOR TOTAL
THORPE DISTRIBUTING COMP
BEER 54,019.80 BEER 609.49750.2520 649 00111
~IlSC TAXABLE 191.05 MISC TAXABLE 509.49750.2540 649 00112
54.210.85 *VENDOR TOTAL
TRI-STATE PUMP & CONTROL
WATER~REPAIR 528.42 EQU I PMENT REPA I R PART 601.49440.2210 16605 649 00114
TRUGREEN~CHEMlAWN-MTKA
PAR~S-WEED CONTROL 1,491.00 CHEMICAl. PRODUCTS 101.45201.2160 73935 649 00113
U ;-) LINK
CH 52.00 TEI.EPHONE 101.41301.3210 649 00115
FIRE HAll. 3.83 Tt:LEPHONE 101.42201.:3210 649 00116
AN SHELTER 5.47 TELEPHONE 101.42701.3210 649 0011'1
WATER 3.82 TELEPHON[: 601.49440.3210 649 00118
.p~J 48.77 TELEPHONE 101.43110.3210 649 00119
DEP REG 5.24 TEl.EPHONE 101.41990.3210 649 00120
PW INSP 3.74 TELEPHONE 101.43115.3210 649 00121
COMPUTER 3.74 TelEPHONE: 101.41920.3210 649 00122
LIQUOR 10.91 TELEPHONE 609.49754.3210 649 00123
131. 52 *VENOOR TOTAL
USA WASTE SERVICES, INC
REFUSE 2,334.80 PROF SRY - REFUSE COl EC 101.43230.3100 8/17 TO 8/31 649 00124
VI~ING COCA COLA
LIQUOR-POP & TAX.MISC 374.30 MISC TAXABLE 609.49750.2540 649 00125
CH..POP 23.16 ~IlSC OTHER EXPENSE: 101.41940.4399 649 00126
397.46 *YENDOR TOTAL
WATSON COMPANY, INC/THE
MIse TAX/ISLE 643.02 MIse TAXABLE 60949750.2540 649 00127
WRIGHT COUNTY AUOITOR- TR
SCERG GRANT REIMB 2,760.51 GRANT RE]MBURSEt~E!H 222.46501. 6601 649 00128
SHi;;RIFf: PATROl. 27,776.40 PROF SRV ,- LAW ENFORC ME 101.42101.3050 SEPTEMBt:R 649 00129
30,536.91 *VENDOR TOTAL
WRIGHT COUNTY SURVEYOR
CH-(16) 1/2 SECT MAPS 82.00 MAPS 101.41:101.2580 649 00130
~(2) 1/2 SECTION OVERLAY 13.00 MAPS 101,41301.2580 649 00131
95.00 *YENDOR TOT AI.
BRC FINANCIAL SYSTEM
.0/02/98 09:57:28
VENOOR NAM!::
DESCRIPTION
AMOUNT
WRIGHT-HENNEPIN COOP ELf
STREETS LI GHTS
ACCOUNT NAME
8.00 ELECTRIC
.
.
Schedu'le of ills
FUND & ACCOUNT
101.43160.3810
CITY OF MONTICELLO
GL540R-V05.20 PAGE 7
CLAIM INVOICE PO# F/P]O LINE
649 00132
f:JRC FINANCIAL. SYSWI
~0/02/g8 09:57:28
VENDOR NAME
DESCRIPTION
AMOUNT
REfiORT TOTALS;
296.413.43
ACCOUNT NAME
RECORDS PRINTED - 000132
.
.
Schedule 0 8-;11s
FUND & ACCOUNT
CITY OF MONTICELLO
GL540R-V05.20 PAGE 8
CLAIM INVOICE PO# F/P ID LINE
BRC FINANCIAL SYSTEM
~0/02/98 09:57:31
FUND RECAP:
FUND DESCRIPTION
"01 GENERAL FUND
211 LI BRARY FUND
213 HRA FUND
222 SeERG (ECON RECOVERY GRANT)
223 CMIF (CENT MN INIT FUND)
240 CAPITAL PROJECT REVOLVING FD
436 93-14C WWTP EXPANSION PRJ
4S2 97-03P KLEIN FARMS 3RD
461 98-03C COMMUNITY CENTER
601 WATtR FUND
602 SEWEf~ FUND
609 MUNICIPAL LIQUOR FUND
651 RIVERSIDE CEMETERY
TOTAl, ALL FUNDS
eNK RECAP:
BANK NAME
GENL GENERAL CHECKING
LIQR LIQUOR CHECKING
TOTAL ALL BANKS
Schedule 0: Bills
CITY OF MONTICELLO
GL060S-V05.20 RECAPPAGE
GL540R
DISBJRSEMENTS
5'),373.37
1,190.82
71. 08
,760,51
1,100,21
484.00
966.23
167.50
7,m,10
,123.16
3 ,130.89
10 ,822.43
1,889.13
29),413.43
DIS8JRSEf~ENTS
18 ,591.00
10 ,822.43
29),413.43
THE PRECEDING LIST OF BILLS PAYABLE WAS RE1IEWEO AND APPROVED FOR PAYMENT,
DATE . . .. .. . .. . ..
APPROVED BY
.
BRC FINANCIAL SYSTEM
~02/98 09:57:28
Schedule of Bills
cITY OF MONTICELLO
GL050S-V05.2 COVER PAGE
GL540R
-Reoort Select i on:
RUN GROUP... 0930
COMMENT... 9/30 CKS
DATA-JE-IO
DATA COMMENT
0-09301998-649 9/30 CKS
Run Instructions:
Jobq Banner Copies Form Printer Hold Space LPI Lines CPI
J 01 Y S 6 066 10
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8RC FINANCIAL SYSTEM CITY OF MONTICELLO
.02/98 09;57;28 Schedule of ills GL540R-V05.20 PAGE 2
VENDOR NAME
DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE
CENTRAL MINN INITIATIVE
CMIF GRANT REIMB 1,100.21 GRANT REIMBURSEMENT 223.46501.6601 649 00022
CHAMPION AMERICA INC.
PARKS-ENAMEL & ALUM. 131.90 MISC OPERATING SUPPLIE 101.45201.2199 352878 649 00023
CONSTRUCTION MARKET DATA
PARKING LOT OVERLAYS 104.40 LEGAL NOTICE PUBLICATI N 101.41910.3510 CB27410 649 00026
DAHLHEIMER DISTRIBUTING
BEER 10,473.37 BEER 609.49750.2520 649 00027
NON ALCOHOLIC 424.20 MISC TAXABLE 609.49750.2540 649 00028
10,897.57 *VENDOR TOTAL
DAY DISTRIBUTING COMPANY
BEER 3,280.05 BEER 609.49750.2520 649 00029
DOTY/KAREN
TRAVEL EXPENSE 15.68 TRAVEL EXPENSE 101.41301.3310 649 OOO]D
CC MEETING MEALS 58.58 TRAVEL EXPENSE 101.41110.3310 649 0003'
.LEITRACY 74.26 *VENDOR TOTAL
LIQUOR-CONVENTION 29.60 TRAVEL EXPENSE 609.49754.3310 649 00032
FAEGRE & BENSON LLP
WI'HP-LEGAL FEES 307.45 PROF SRV - LEGAL FEES 436.49201.3040 567293 649 00033
FLESCH'S PAPER SERVICES,
GEN OP SUPPLIES 90.37 MISe OPERATING SUPPLIE 609.49754.2199 1127390 649 00034
FORESTRY SUPPLIERS, INC
PARKS-OP SUPPLIES 321.18 MISC OPERATING SUPPLIE 101.42501.2199 563631 649 00035
FOSTER-FRANZ EN-CARLSON A
BOND-HWY RIGHT OF WAY 50.00 MISC GENERAL INSURANCE- S 101.41301.3699 649 00036
GLUNZ/RAYMOND J
GRAVE OPENINGS 1,330.00 PROF SRV - EXCAVATION 651.49010.3115 649 00037
GOULD BROS. CHEV-OLOS. C
STREETS-BECKER WORLD VEH 50.00 REPAIR & MTC - OTHER 101.43120.4099 ADJ082798 649 00038
GRIGGS, COOPER & COMPANY
LIQUOR 5,767.75 LI QUOR 609.49750.2510 649 00039
WINE 848.19 WINE 609.49750.2530 649 0001![
.ISC TAXABLE 100.07 MISC TAXABLE 609.49750.2540 649 00041
rREIGHT 80.25 FREIGHT 609.49750.3330 649 00042
6,796.26 *VENOOR TOTAL
BRC FINANCIAL SYSTEM CITY OF MONTICELLO
.2/98 09:57:28 Schedule of Bi 115 GL540R-V05.20 PAGE G
VENDOR NAME
DESCR I PTI ON AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE POll FIP ID LINE
TH I BODEAUXISUE
CC-VIDEO TAPES 9.04 MISC OTHER EXPENSE 101.41110.4399 649 00110
TRAVEL EXPENSE 1. 96 TRAVEL EXPENSE 101.41520.3310 SEPT 649 0010<)
11.00 *YENDOR TOTAL
THORPE DISTRIBUTING COMP
BEER 54,019.80 BEER 609.49750.2520 649 00111
MISC TAXABLE 191.05 MISC TAXABLE 609.49750.2540 649 0011;~
54,210.85 *VENOOR TOTAL
TRI-STATE PUMP & CONTROL
WATER-REPAIR 528.42 EQUIPMENT REPAIR PARTS 601.49440.2210 16605 649 00114
TRUGREEN-CHEMLAWN-MTKA
PARKS-WEED CONTROL 1,491.00 CHEMICAL PRODUCTS 101.45201.2160 73935 649 00113
U SLINK
CH 52.00 TELEPHONE 101.41301.3210 649 00115
FIRE HALL 3.83 TELEPHONE 101.42201.3210 649 00116
AN SHELTER 5.47 TELEPHONE 101.42701.3210 649 00117
tiTER 3.82 TaEPHONE 601.49440.3210 54900118
48.77 TELEPHONE 101.43110.3210 649 00119
EP REG 5.24 TELEPHONE 101.41990.3210 649 00120
PW INSP 3.74 TELEPHONE 101.43115.3210 649 00121
COMPUTER 3.74 TELEPHONE 101.41920.3210 649 00122
1.I QUOR 10.91 TELEPHONE 609.49754.3210 649 00123
137.52 *VENOOR TOTAL
USA WASTE SERVICES, INC
REFUSE 2,334.80 PROF SRY - REFUSE COLLEC 101.43230.3100 8/17 TO 8/31 649 00124
VIKING COCA COLA
LIQUOR-POP & TAX.MISC 374.30 MISC TAXABLE 609.49750.2540 649 00125
CH-POP 23.16 MISC OTHER EXPENSE 101.41940.4399 649 00126
397.46 *YENDOR TOTAL
WATSON COMPANY, INC/THE
MISC TAXABLE 643.02 MISC TAXABLE 609.49750.2540 649 00127
WRIGHT COUNTY AUDITOR-TR
SCERG GRANT REIMB 2,760.51 GRANT REIMBURSEMENT 222.46501.6601 649 00128
SHERIFF PATROL 27,776.40 PROF SRV - LAW ENFORCEM 101.42101.3050 SEPTEMBER 649 00129
30,536.91 *YENDOR TOTAL
WRIGHT COUNTY SURVEYOR
~-(16) 1/2 SECT MAPS 82.00 MAPS 101.41301.2580 649 00130
) 1/2 SECTION OVERLAY 13.00 MAPS 101.41301.2580 649 0013'
95.00 *YENDOR TOTAL
BRC FINANCIAL SYSTEM
10/02/98 09:57:28
VENDOR NAME
DESCRI PTION
AMOUNT ACCOUNT NAME
WRIGHT-HENNEPIN COOP ELE
STREETS LIGHTS
8.00 ELECTRIC
Schedule of Bills
FUND & ACCOUNT
101.43160.3810
CLAIM INVOICE
CITY OF MONTICELLO
GL540R-V05.20 PAGliiiJ1
PO# F/P 10 LINE
649 00132
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.
BRC FINANCIAL SYSTEM
~02/98 09:57:28
VENDOR NAME
DEseRI PTION
AMOUNT
ACCOUNT NAME
REPORT TOTALS:
296.413.43
RECORDS PRINTED - 000132
-,.
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, .'1i<,.."
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Schedule of ills
FUND & ACCOUNT
CITY OF MONTICELLO
GL540R-V05.20 PAGE 8
CLAIM INVOICE PO# F/P ID LINE
aRC FINANCIAL SYSTEM CITY OF MONTICELLO
10/02/98 09:51:31 Schedule of Bills GL060S-V05.20 RECA~
GL540R
FUND RECAP:
FUND DESCRI PTI ON DISBURSEMENTS
----------------------------
101 GENERAL FUND 53,313.37
211 LIBRARY FUND 1,190.82
213 HRA FUND 11. 08
222 SCERG (ECON RECOVERY GRANT) 2,760.51
223 CMIF (CENT'MN INIT FUND) 1,100.21
240 CAPITAL PROJECT REVOLVING FO 484.00
436 93-14C WWTP EXPANSION PRJ 966.23
452 97-03P KLEIN FARMS 3RD 167.50
461 98-03C COMMUNITY CENTER 18,334.10
601 WATER FUND 9,123.16
602 SEWER FUND 37,130.89
609 MUNICIPAL LIQUOR FUND 109,822.43
651 RIVERSIDE CEMETERY 1,889.13
TOTAL ALL FUNDS 296,413.43
BANK RECAP:
.
BANK NAME
DISBURSEMENTS
---"-
GENL -GENERAL CHECKING
LIQ~ LIQUOR CHECKING
186,591.00
109,822.43
TOTAL ALL BANKS
296,413.43
THE PRECEDING LIST OF BILLS PAYABLE WAS REVIEWED AND APPROVED FOR PAYMENT.
DATE ............
APPROVED BY
.