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City Council Agenda Packet 08-10-1998 . . . . AGEN A REGULAR MEETING - MON ICELLO CITY COUNCIL Monday, August 1 , 1998 - 7 p.m. Mayor: Bill Fair Council Members: Clint Herbst, Brian Stumpf, R ger Carlson, Bruce Thielen 1. Call to order. 2. A. Approval of minutes ofthe special eeting held July 27, 1998. B. Approval of minutes of the regular eeting held July 27, 1998. 3. Consideration of adding items to the agend . 4. Citizens comments/petitions, requests, and complaints. 5. Consent agenda. A. Consideration of appointing electio judges for the 1998 Primary and General Elections. (Ad:I ~ ~'1 rJ /J1o'Pr G '.t \ fJ.....,.,... B. Consideration of approving request for gambling license - St. Henry's Fall Festival. C. Consideration of increasing fees/se ice charges for delinquent accounts certified as assessments and service charges for written assessment searches. D. Consideration ofa request for a su division and conditional use permit in an I-I Zoning District to allow for a share driveway. Applicant, Blue Chip, Inc. E. Consideration of a request for a pre iminary and final plat - Worth Estates. Applicants, Bev Abrahamson and rian Worth. F. Consideration of a request for a co ditional use permit within the CCD Zoning District to allow a drive-up facility for a banle Applicant, First Minnesota Bank, N.A. G. Consideration of a request for a pr liminary plat for The Forest. Applicant, John E. Chadwick, LLC, and Residentia Development, Inc. H. Consideration of a request for a co ditional use permit for an amendment to a PUD (planned unit development) ithin the PZM Zoning District to allow for an expansion to an off-street parking 1 t. Applicant, Monticello-Big Lake Community Hospital. . . . . Agenda Monticello City Council August 10, 1998 Page 2 I. Consideration of an amendment to t e Monticello Zoning Code to provide standards for the erection of public s' gns in residential districts. Applicant, City of Monticello. 1. Consideration of a request for a zoni g district amendment for Wildwood Ridge, a single family subdivision, from A-I Agricultural, to R-l, Single Family Residential. Applicant, Farr Develo ment. K. Consideration of final plat, develop ent agreement, and joint City/Township annexation resolution - Parkside at eadow Oak subdivision. Applicant, Harold Shermer. 6. Consideration of items removed from the c nsent agenda for discussion. 7. Consideration of final plat, development ag eement, and joint City/Township annexation resolution - Wildwood Ridge subdivision. pplicant, Darrell Farr. 8. Consideration of establishing a referendum question on November 1998 general election for allowing issuance of additional on-sale icenses. 9. Consideration of discussing library improv ments and expansion concepts-- WITHDRAWN. 10. Consideration of an ordinance amendment stablishing a four-year term for Mayor. 11. Consideration of an ordinance amendment dopting Mayor and Council compensation. 12. Consideration of a study and modification f fees and charges for development in the city of Monticello. 13. Consideration of bills for the first half of gust 1998. 14. Adjournment. . . . . MINU ES SPECIAL MEETING - MONT CELLO CITY COUNCIL Monday, July 27, 1998 - 5:30 p.m. Members Present: Bill Fair, Brian Stumpf, Ro er Carlson, Bruce Thielen Members Absent: Clint Herbst A special meeting of the City Council was held fo the purpose of discussing general items as brought forward by Council members and/or City taff. Items discussed were as follows: 1. Council discussed various upcoming road onstruction projects such as Highway 25, County State Aid Highway 75, County Ro d 118, and reconstruction of city streets. 2. Improvements to West Bridge Park were iscussed, and it was noted by Mayor Fair that a developer will be presenting a concept pro osal to the Parks Commission for development of property near the park. E onomic Development Director Ollie Koropchak reviewed properties also being reviewed for purchase by the HRA in the area west of the park. 3. Economic Development Director Ollie K ropchak reviewed the recent approval by the HRA for up-front assistance for redevelo ment of the Amoco Station property, including the 5% local match approved by Council or TIF District No. 1-22. 4. Mayor Fair noted that the Monticello Co munity Partners may be requesting Council consideration for referendum questions fi r the 1998 General Election. 5. Updates on commission activities were g' en by Council liaisons. There being no further business, the special mee 'ng was adjourned. Karen Doty Deputy City Clerk ~A- . . . . MIND ES REGULAR MEETING - MON ICELLO CITY COUNCIL Monday, July 27,1998 - 7 p.m. Members Present: Bill Fair, Clint Herbst, Brian S umpf, Roger Carlson, Bruce Thielen Members Absent: None 2. A r valofminu 4. 3 1998. A MOTION WAS MADE BY ROGER CARL ON AND SECONDED BY BRUCE THIELEN TO APPROVE THE MINUTES OF THE REG LAR MEETING HELD JULY 13, 1998, AS WRITTEN. Motion carried unanimously. 3. Con sid tion of addin items to the None. None. 5. Consent agenda. A. d s ecifications an Club sanit er extension Recommendation: Approve plans d specifications and authorize advertisement for bids for the Monte Club sanitary sewer extension project. Final award contingent on the following: 1. Approval of annexati n by the MOAA, Township, and City. 2. Completion of an ass ssment agreement under terms approved by the City Council in D cember 1997. SEE RESOLUTION 98-27. B. Page 1 ~ . . . . Council Minutes - 7/27/98 1. Public works revi wand approval of the plans and specifications. 2. ement is signed prior to actual bid award. SEE RESOLUTION 98-28. A MOTION WAS MADE BY CLINT HER ST AND SECONDED BY BRIAN STUMPF TO APPROVE THE CONSENT AGENDA AS COMMENDED. Motion carried unanimously. 6. Consideration of items r r ISCUSSlOn. None. 7. Public Hearin --Consi bills and certification of ment roll for delin City Administrator Rick Wolfsteller rep rted that the assessment roll includes utility billing accounts which are delinquent m re than 60 days and include an additional $25 administrative fee per account. He reco mended that the assessment roll be adopted for certification in 1999 at an interest rate of 8%. Mayor Fair opened the public hearing. There being no public comment, the pub ic hearing was closed. A MOTION WAS MADE BY BRIAN STU PF AND SECONDED BY CLINT HERBST TO ADOPT THE ASSESSMENT ROLL FOR ELINQUENT CHARGES AS PRESENTED. Motion carried unanimously. SEE RES LUTION 98-29. 8. Deputy City Administrator Jeff O'Neill r ported that plans are complete for the trunk sanitary sewer relocation near the comm nity center site and the reconstruction of Walnut Street, which will be impacted by the s itary sewer relocation. City Council discussed the impact the project would have on W lnut Street as well as the previously-proposed curved alignment of Walnut Street. AFTER DISCUSSION, A MOTION WAS ADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO APPROVE PL NS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE RUNK SANITARY SEWER RELOCATION AND RECONSTRUCTION OF WALNUT STRE T, USING THE STRAIGHT ALIGNMENT OPTION FOR WALNUT STREET. Pa e 2 ~ . . . . 9. Council Minutes - 7/27/98 Councilmember Clint Herbst questioned wether the project should be ordered prior to receiving bids on the structure since relocati g the sanitary sewer might devalue the property. Voting in favor of the motion: Bruce Thiel n, Roger Carlson, Bill Fair. Opposed: Clint Herbst, Brian Stumpf. Motion carried. Public Works Director John Simola reporte that during the last recycling contract negotiations with Superior Services, they in icated that continued scanning of recycling containers in the field would result in highe costs. The increase was delayed to August 1, 1998, and would amount to $0.34 per month per unit, or $9,600 per year. The possibility of Superior Services using route heets in the field to record recycling information was discussed, however, massi e printing of route sheets every other week as well as computer program upgrades and reg ired staff time made this option less desirable. Simola also noted that the City c uld consider charging apartments and mobile home parks, since they are technically considered a business, and delete scanning from the program entirely. AFTER DISCUSSION, A MOTION WAS M E BY CLINT HERBST AND SECONDED BY BRUCE THIELEN TO BEGIN CHARGING A ARTMENTS (4-PLEX AND ABOVE) AND MOBILE HOME PARKS FOR GARBAGE PI KUP EFFECTIVE JANUARY 1,1999; DELETE SCANNING FROM THE RECYCLI G PROGRAM; NOTIFY RESIDENTS THAT GARBAGE WILL BE LEFT AT CURB-SIDE F RECYCLABLES ARE FOUND IN THE GARBAGE; DIRECT STAFF TO PREPARE N ORDINANCE AMENDMENT REGARDING GARBAGEIREFUSE SERVICE RATES, MA TAINING ORGANIZED COLLECTION; AND CONTINUE TO PROVIDE RECYCLING SE VICES FREE FOR ALL RESIDENTIAL PROPERTIES. Motion carried unanimously 10. City Administrator Rick Wolfsteller reporte that staff recommended tabling action on this item pending additional discussion reg ding redevelopment of property along the river near Bridge Park. The developer will resent a proposal to the Parks Commission on Thursday, July 30. A MOTION WAS MADE BY BRUCE THIEL N AND SECONDED BY CLINT HERBST TO TABLE ACTION ON BRIDGE PARK IMPR VEMENTS FOR TWO WEEKS PENDING THE DEVELOPER'S PRESENT A nON TO THE P RKS COMMISSION AND DIRECTED STAFF TO REPORT BACK TO CITY COUNCIL. M tion carried unanimously. Page ~B . . . . 11. Council Minutes - 7/27/98 of bills for the last half of Jul A MOTION WAS MADE BY BRIAN STUMP AND SECONDED BY CLINT HERBST TO APPROVE THE BILLS FOR THE LAST HAL OF JULY AS PRESENTED. Motion carried unanimously. A MOTION WAS MADE BY ROGER CARLSON AN SECONDED BY CLINT HERBST TO ADJOURN. Motion carried unanimously. Karen Doty Deputy City Clerk Page ~ . . . . 5A. Council Agenda - 8/1 0/98 A. REFEREN E AND BACKGR The upcoming Primary Election will be he d on Tuesday, September 15, and the General Election will be on Tuesday, November 3, 1998. Because the County Auditor must have the names of appointed judges by August 12 for the purpose of conducting training, it is necessary to appoint this year's electionju ges at this meeting. The appointed individuals would be serving for both the rimary and General Elections. I am submitting a list of names of people who h ve previously served as election judges andlor who indicated a willingness to serve as a j dge at recently-held caucuses in Wright County. A questionnaire was sent to these individuals, and as of August 4, twelve individuals responded that they would be illing to serve as judges at this time. If after the Primary Election we feel additional ju ges may be necessary, the Council can make additional appointments if done by Octobe 2. The work schedule for the judges will be determined by staff at a later date. B. ALTERNATIVE ACTIONS: The only alternative available is to appoin election judges as required by law. Ifthe Council would like to add anyone's name 0 the list, you may do so Monday night. C. STAFF RECOMMENDATION: None. D. SUPPORTING DATA: List of individuals recommended for appo ntment as election judges. 1998 ELECTIO JUDGE LIST . CITY OF MO TICELLO NAME ADDRESS PARTY Yvonne Smith 109 Craig Lane, Montie 110, MN 55362 DFL Joanne Link 617 East 4th Street, M nticello, MN 55362 DFL Jeanette Host 416 E. River St., PO B x 24, Monticello, MN 55362 IR Kaye Gauthier 126 Hillcrest Road, Mo ticello, MN 55362 IR Florence Mayer 110 Craig Lane, Monti ella, MN 55362 DFL Lucille Clausen 320 W. Broadway, PO Box 145, Monticello, MN 55362 DFL Rita Soltau 624 E. River St., Monti ello, MN 55362 IR . Opal Stokes 215 Locust St., PO Bo 626, Monticello, MN 55362 IR Rosemary Dahl 1229 Sandy Lane, Mo ticello, MN 55362 DFL . Jan Irvine 325 E. 4th St., Montie 110, MN 55362 IR Edith Custer 1410 Hilltop Dr., Monti ella, MN 55362 IR Wanda Kraemer 1009 Golf Course Rd., Monticello, MN 55362 DFL . KARENIOFFICEIELECTION\JUOGECC.L1S: 8/5/98 511- I . . . . Council Agenda ~ 8/10/98 5B. Con ideration of a (R. W.) A. REFERENCE AND BAC The St. Henry's Catholic Church has appli d for an exempt permit to conduct a raffle, pull-tab, and bingo operation for their Sep ember 19-20 Fall Festival. In order for the State Gambling Control Board to issue thi gambling license, a resolution by the City either approving or denying the applicatio needs to be submitted with their application. In the past, the City has not opposed these exempt gambling license applications for these charitable events. B. ALTERNATIVE ACTIONS: 1. Adopt a resolution authorizing the tate Gambling Control Board to issue the exempt gambling license to the St. Henry's Church for their Fall Festival. 2. Adopt a resolution denying the ap lication request. C. STAFF RECOMMENDATION: Staff is not aware of any reason why the ounci! would not allow the State to issue this gambling license. D. SUPPORTING DATA: Copy of gambling license application; Re olution for adoption. Minnesota Lawful Gambling . Application for Exempt Permit - LG 20 Organization Information For Board Use Only Fee Paid Check No. Initials Received Organization name Church of St. Henry Street City 501 W. Fourth Street Monticello Name of chief executive officer (CEO) of organization First name Last name Previous lawful gambling exemption number 9 State/Zip Code County MN 55362 Wri ht Daytime phone number of CEO: (612 ) 295-2402 Marc Name of teasurer of organization First name Last name Daytime phone number of treasurer: ( ) 612 295-2402 John Type of Nonprofit Organization Check the box that best describes your organization: . o Fraternal o Veteran [!] Religious o Other nonprofit organization . Check the box that indicates the type of proof your organiz tion attached to this application: o IRS letter indicating income tax exempt status o Certificate of Good Standing from the innesota Secretary of State's Office o A charter showing you are an affiliate 0 a parent nonprofit organization K3 Proof previously submitted and on file ith the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles. list the site where the drawing will take place) Church of St. Henry Address (do not use PO box) City StatelZip Code County 501 W. Fourth Street Monticello MN 55362 Wright Date(s) of activity (for raffles, indicate the date of the drawing) Se t 19-20 1998 u Check the box or boxes that indicate the type of gambling activi ~ .Bingo ~ Raffles o .Paddlewheels [Xl .Pull. Tabs o .Tipboards .Equipment for these activities must be obtained from a license distributor. . This form will be made available in alternative format (i.e. large rint, Braille) upon request. The information requested on this form will become public informa ion when received by the Board. and will be used to determine your compliance with Minnesota statutes and rules governing la ul gambling activities. Page 1 of 2 3/98 s-a ..../ Application for Exempt Permit ~ LG220 Page 2 of 2 3/98 . Organization Name Church of st. Henry Local Unit of Government Acknowledgment (Requh ed by Statute) ~lHIj~atnbllngiP.f!.i1:I.lse~lS:~PtinfcitYiliQ1JtS~',ttle;"""'"',; :;~)tY.rmY~(~JgQ~~1~f!l~.pt!,?31ti9r.l~r(']);~~;i:~I:\i;t~.~ih:;';l~~jf,o~;iL:,u On behalf of the city, I acknowledge this application and three options for the city: 1. Approve the application: By taking no action, the city allows the Board to issue a permit after 30 days (60 days for a first class city). 2. Waive the above-noted waiting period: The city allows the Board to issue a permit before 30 days (60 days for a first class city). Docu- mentation attached. 3. Deny the application by passing a resolution within 30 days (60 days for a first class city). Print name of city: . (Signature of city personnel receiving application) Title Date 1- . '\IUt, e\g~!,!~11~9.tP~mi~"'i!i'I~~~~:!n.;:a"i~()m'Shl~!'~Qth : th~. co,!lfl~i~!ld:~~!ihIProus!S'gn tJlIs:appli~t1()n.: ~~ ,:"",0..,__........,~"'.."',-_.,.........::"...........,~,~,.,:....~:...,................':................~::,:i<'-'<'__' . ,,:,' >,'~' ~., .~.~,'>~:..:.,,',"':- """,^",,::,,.,;:.;<,..,...' :,h.: ',,, :" On ehalf of the county, I acknowledge this application and three options for the county: 1. ~ pprove the application: By taking no action, the c:Junty allows the Board to issue a permit after 30 days. 2. ~lIaive the above-noted waiting period: The county c 1I0ws the Board to issue a permit before 30 days. I ocumentation attached. 3. eny the application by passing a resolution within o days. Pri t name of county: (Si natuie of county personnel receiving application) Title Da e I I -- o behalf of the township, I acknowledge that the or anization is applying for exempted gambling activity wi hin the township limits. A ownship has no statutory authority to approve or deny a1 application (Minn. Stat. sec. 349.213, subd. 2). Pint name of township: (' ignature of township official acknowledging application) Ttle [ate-1-1- Chief Executive Officer's Signature The information provided in this application is complete al d accurate to the best of my knowledge. Chief Executive Officer's signature~ {!:::::L~~ ~ Name (please print) Marc T. Maus l L Date r 1..1..fLJJ.L Mail Application and Attachment(s) At least 45 days prior to your scheduled activity date sen~: . the completed application; . a copy of your proof of nonprofit status, and . a $25 application fee (make check payable to"~ tate of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling control Board 1711 West County Road B, SI Ite 300 South Roseville, MN 55113 If your application has not been acknowledged by the 10 ~I unit of government, do not send the application to the Gambling Control Board. . 56 ....~ . . . . RESOLUTI RESOLUTION AUTHORI ING THE ISSUANCE OF A GAMBLING LICENSE WHEREAS, the Church of St. Henry has submitte an application to the City Council of Monticello for the issuance of a charitable gamblin license to conduct gambling at their Fall Festival to be held on September 19 and 20 in Mo ticello, MN; and WHEREAS, upon review of the organization's acti ities, the Council is not opposed to the gambling license being issued by the State Gambli g Control Board. NOW, THEREFORE, BE IT RESOLVED BY TH CITY COUNCIL that the Church of St. Henry's application for license issuance listed abo e is hereby approved, and the State Gambling Control Board is authorized to process the applica ion. Adopted by the City Council this 10th day of Aug st, 1998. ATTEST: City Administrator Mayor 6"6-3 . . . . Council Agenda - 8/1 0/98 sc. as as A. The purpose of this item is to seek appro al by the Council of increasing two fees we currently charge for services provided in reparing delinquent assessment rolls or various accounts and utility bills and increasing t e fee charged for preparing written assessment searches on city parcels. Since 1994, when our ordinance was am nded, the City has added a $25 administrative fee to each delinquent account for servic s or utility bills that have become delinquent to help defray the cost of preparing our deli quent assessment rolls. As you know, the Council is given a list of all delinquent a counts quarterly for adoption of the delinquent assessment rolls that are then later certifi d to the County Auditor for collection with taxes the following year. Because the pr cess of preparing the assessment rolls has become quite cumbersome and time cons ming, the initial $25 fee has been established, but it may be time to now review this ch ; ge and consider increasing it to more accurately reflect the cost of doing the assessment r lIs. While I believe it was originally hoped that the service charge for the administrative e would help deter many of the delinquent accounts, this doesn't seem to be the effe t, as we have continually had a large number of delinquent utility and accounts receivable accounts regardless. With the change in recycling program credits, it's possible th t we will see a reduction in the individual delinquencies that occur in mobile home arks, which do account for a large number of our quarterly delinquents. When determining a service charge to ad to each delinquent account, justification for these charges includes our ability to calcu ate the time involved in processing and developing an assessment roll, which beg ns with the various notices that are sent to all delinquent utility accounts. In addition to the notices, public hearings are published, account lists are compiled, and additional notices are sent to each property owner. After a public hearing is held by the Council and e assessment roll has been adopted, property owners are given one last chance to bring heir accounts current before a delinquent list has been prepared for certification to the ounty Auditor. Lastly, all quarterly delinquent lists are then compiled into one assessme t roll that is ultimately certified for collection with the following year's taxes. In the m antime, throughout the year, the assessment rolls need to be reviewed when special as essment searches are requested by title companies or other parties requesting info ation on a particular parcel, and as you can see, a great amount of time can be spent b staff just related to delinquent accounts. As a result, I believe there is ample justificatio for increasing this $25 service charge to a higher amount, even $50. Again, it is hop d that the service charge established would help encourage property owners to keep t eir accounts current and not allow them to become certified as assessments. In a related item, the City receives numer us requests annually for preparing written special assessment searches that are used y title companies and other individuals when selling property. The assessment searches are gathering information on all special assessments against a particular parcel, in luding delinquent utility bills and other 3 Council Agenda - 8/10/98 . accounts that may affect that parcel, and Iso the request includes any pending assessments for projects that might be co ing in the near future. Again, this is a very time-consuming process to ensure that w 're giving the individual accurate infonnation. Title companies charge their customers $ 0 or more for this service, and in reality, City staff is preparing this infonnation for the to use at their closing. We have in the past charged a nominal amount of $5 per writt n special assessment search that can take from 15 minutes or longer to do for each one. ith the large number of transactions that are occurring with new homes and home sale throughout the community, one individual could spend an hour or two per day just si ply completing assessment searches. As a result of the work that's involved for these assessment searches, it is recommended that we increase the service charge for thi service to $25 per parcel. When discussing this proposed charge with our City Attorn y, Dennis Dalen, he concurred that a $25 fee would seem very appropriate for the work we do for the title companies. . Fees charged by other communities vary c nsiderably depending on location. Suburban communities such as Plymouth and Maple Grove are typically higher than outstate communities in their fees and are in the r ge being proposed by the City at $25. The City of Buffalo currently charges $15 for t eir searches. At the other extreme, the City of Becker currently does not charge for this s rvice but is considering doing so in the future. B. ALTERNATIVE ACTIONS: . 1. The first alternative would be to ad pt a new administration fee for all delinquent accounts to be set at $50 per delinq ent account per quarter and to set the service charge for preparing written special assessment searches at $25 per parcel. 2. The second alternative would be to djust both the delinquent administration fee and the service charge for special as essment searches to an amount different than recommended. 3. The third alternative is to not increa e the fees at this time. c. STAFF RECOMMENDATION: . It is the recommendation of the City Admin. strator and Finance Department that the service charges be increased for delinquent harges to $50 and assessment searches to $25 as an effort to help cover the cost of the e services. These fees have not been adjusted for a number of years and, especiall with the special assessment search fee, we need to get this charge to a higher level to m re accurately reflect the time that's involved in doing this service for individuals. When ne considers that the majority of the requests come from title companies, etc., and they are charging their customers $50 or more for this infonnation, it only makes sense that the City be able to recover an accurate amount to help defray our cost in preparing this info ation. D. SUPPORTING DATA: None. 4 . -1 \- . . SD. Council Agenda - 8/10/98 nditional use ermit in an 1-1 licant: Blue Chi Inc. (J.O.) A. EFERENCE AND Blue Chip, Inc., representing Kenneth L to, has applied for a conditional use permit to allow a shared driveway between two par els to be subdivided from Lot 5, Block 3 of Oakwood Industrial Park (206 Dundas Ro d). The property currently houses the Vector Tool building. The property would be spl t to allow a second building to be constructed on the vacant side. The subdivision woul result in lots of approximately 269 feet and 161 feet in width, with areas of 4.02 and 2 42 acres, respectively. Both lots would exceed the minimums of 100 feet and 20,000 squ e feet in the 1-1 District. The subdivision can be approved administratively without PI ing Commission action. The conditional use permit would be to ac ommodate the sharing of driveways and access between the two lots. The zoning rdinance typically requires a minimum of a 5-ft setback for parking and driveway areas. I this case, the sharing of driveways would facilitate truck movements and automobil traffic on the site and would likely reduce the possible use of the public right-of-way for truck circulation. The Planning Commission conducted the public hearing. No one spo e in opposition to the requests, and the Planning Commission recommends appro al under alternative #1 below. B. ALTERNATIVE ACTIONS: 1. Motion to approve the subdivision d a conditional use permit, based upon a finding that the sharing of drivewa s and access points will reduce industrial traffic impacts on the public right- f-way. 2. Motion to table action on the condi ional use permit, subject to the submission of additional information. C. STAFF RECOMMENDATION: Staff recommends approval of the conditi nal use permit for shared parking. To the extent that traffic between the two buildin s will not be forced onto the street, this proposal would reduce conflicts in the pub ic right-of-way, consistent with the objectives of the subdivision and zoning ordinances. D. SUPPORTING DATA: Exhibit A - Site Plan 5 . oUt I'. .DO ~ r;-;::;1 " ~ ~ 0 '" " -t ()1 .~ " ' . '-.-"!_'- .'--!!---l~'--"':' --' 'Ii I I ~ - . ~"' - , 7l!i n, e (!) ~. ~ ~. [ll ~ ~ 06 DUNDAS ROAD . [~?\E. ~ VECTOR TOOL II 'anllo . ... ~ r!J STOMOE BLUJlNO I.IONT1CElLO wrE TA - ~-"" ,,~..,_.._-_. 0 '.00 . ~..----_. ~ Exhibit - Site Plan ~ -:J '1 ?; F I i I I, i I I, II I Ii i Ii ~. i' i i I I; i I' I I i ~ i ' 'I i I 1\li I I, i ! I I I, I II I \ i I ! i [i] i \,t ~ I i I~ I' i' ~- ~ , i I =+! \ \' =:1 i! --- t: " i I - ~- , ,.. . : I I. -'-.: " I', I ,.. '", :~:.:~~II' I I 1\; o\Y1 I I o\Y~ ;It, ~: ';";~~*E. €..."9" ,N 1_. ..... .' _...~" Bl!lltlN!J1Tl()l. ,o.OO<XlA1lO1I ~ , ...~~-"".N'IlII.IIY11~ ~.----- 6]), . . I~ \ . . 5E. A. REFERENCE AND B CKGROUN Council Agenda - 8/1 0/98 and final Plat - orth Estates. tho (NAC) The applicants are owners of two parcels at he intersection of Linn Street and Front Street, along the Mississippi River. Over t e years, the owners had negotiated certain exchanges of property along their common oundary which were designed to allow additional land for expansion of the souther y house. However, these exchanges resulted in setback non-conformities from the north r1y house. In order to clear up title to the land between the two parcels, staff suggested tha the subdivision be prepared as a replat, with a grant of a variance to memorialize the exi ting conditions on the property. Since the subdivision does not create any n w buildable parcels, this proposal would have normally been reviewed as a simple subdivi ion with a metes and bounds survey description. The title concerns resulted in t e recommendation for the plat to clear both issues up with one action. The purpose of the variance is to recognize he existing condition on the northerly property. It may be accompanied by a cond tion that if the existing structure is removed, new construction would require a new appr val process. Because of the shore land setbacks, buildable area on the northerly lot' s extremely limited. It was noted that the river lot created is slig tly less (655 sq. ft.) than the minimum required (15,000 sq. ft.) under the Wild & S enic Act. However, the split was recommended for approval because the plat oes not add a lot and adds square footage to the interior lot, thus making it more in conti rmance with code. B. AL TERNA TIVE ACTIONS Decision 1: Preliminary and Final Plat 1. Motion to approve the preliminary d final plats of Worth Estates, based upon a finding that because no new buildabl parcels are created, there are no new impacts on public services. This is the alternative recommended y staff and Planning Commission. 2. Motion to deny the plat, based upon finding that the subdivision would create a non-conforming setback condition. 3. Motion to table action on the plat pe ding additional information. 6 Council Agenda - 8/1 0/98 . Decision 2: Variance to Side Yard Set ack - Planning Commission Action Only No action is required unless a City Counc'l member would like to appeal the Planning Commission's approval, If so, a public h aring would need to be conducted on August 24,1998, 1. Motion to approve the variance for ot 2, with the condition that any new construction will be subject to a ne approval process, based upon a finding that the buildable area of the lot is sever ly restricted due to shore land setbacks, and that the development precedes the plication of contemporary setback regulations. This is the alternative selected by t e Planning Commission. 2. Motion to deny the variance, based pon a finding that the conditions were created by the owners of the parcel in question. .~ \. 3. Motion to table action on the vari ce, pending additional information. c. STAFF RECOMMENDATION . Staff recommends approval of the plat and ariance, with the condition that any new construction would be subject to a new ap oval process. This condition is designed to avoid further encroachment into the setbac without a full hearing and acknowledges that the current encroachment is due to historic 1 development circumstances unique to these lots. Although it would be possible to den the variance on sound findings, this would not relieve the northerly lot of its non-conti rming status (due to the shoreland setback), and would likely leave the southerly lot in non-conforming state as well. The granting of the variance would appear to be the best attempt to conform to current standards, as well as acknowledging the existing conditi ns on the two properties. D. SUPPORTING DATA Exhibit A - Plat Drawing/Survey . 7 (iii'l : I ;:1 i', , ..... -/ ~~ / t '.- / ~~! ~ ! f ~ D~5 " H~ " " p"J.~1 i /) 'S,~{ ~ "'L I dt:z -\ 0 \ ( P 6:/\ 'tIM." W ---'VI v.)' , t ?( ~/Id, \ "~ Al-"'" .;:,..:--........ -~::- ~~ .--~ -~.E::.-c.::.:.. ~;a~ ~ ~ c-'~ ~_ t;; .w::!~.,Jo.. ~~ (, ,.~~ ~ ..:e,.. _ ..c~ ..... ~--... "',.31 -........ ~~-...~. .... ~ --~ .\ 1'-9~p. ....-,.. ~ l. ~b; " I ~ i I ~ ~ ~ l "" '" '" ... \~ ~ o " . ~ <> i;! '" " ~ - :>l~ ~?! i\)::;: ~ ......'" ...........!".' "- 1G ~ ~ ~..... l~l !:1~~ .. '" ~~"'C '" " "''' .. '-'-, 1l~::: ~. ~.; :: ~ .... ~!;l ~Q" ~ .. "" ~; ". ~ .. , .. .; ..:- .. f.~ ... .. f: '2 ., ~ ~ .... ., .. .. , ..~ ~: &.. ~~ ~~ 'l :;, !i~ ~I 'il ... ~ ~ f ~~ ~~ ~ ...... ...~ <t .- . ... ~ ... :-' <> " .. ;;: "- ... 'jj ... .. '- ~ 19 ~ :\ ~ ~tg .. i~ ~ :g " '" '" II 7.'" / ~ /~t,e 1c4.J M /J' ::tj /oOc;) ~/II ~ ~ "'~ ~~,,<-- ~., Cb '-.J) ......... ...~~ ....-.... ........ .!I.,.. _.""'... ,t ~ -'"" ~b ~ ~ l ",,>;- f! ii' () ~ i ;.tI._~ ~ f .<;> ~ ~ ~ o ., . " ~ } .'t '::;:5-;'--:.:;:~- . -~",- ~ "'->.. ~ .... ~ ~~ ";:"'!e... ..r '- "-",. ""'l <<">. "" 0000. .... ~ ~~~ 7 I I :;b'" ~ y / -. .... " , :'!i .... . ~~ ~-! t~1 l~~ ~i. in ".!t ~h ~ !, ~ i "M ~ 1 I ,~ ~ iO ~ l ~Q~ u. .l 1 EXHIBIT A - PL T DRAWING/SURVEY !~~ ,..~ r_ ~~~ ".1 "!~ .\-Y ~I 6Y Pi ~ ~;, h ~;~ ~~i I ~ ~~i ~i; ; i~1 ~i ~': '" I~& .- / . \ 1 .\ ,.';\\ a ~' " "~ 'l; · i> ~ \) , f , ., " .. ~ \. j~ . ) If ~ ~!II ~ " . ~ .~ 6;~ " , r: ~( \", ~~ " !'. O'i . ,. ,. III '" n "Ie: ~ ~ " ~ ~ ..., ~~ "'i'= o :2 ! ~ ~n ~8 ~...... n S! ~ .... B '. ~ ~ ..., '< 8 III J:l ~ ~ :::! ~ ~ ~ :g J..i ;; l< I 'I ~ . , ~ t o .. 0'" ~ . ."" '0' . , . 0 .. " ,- ... -, .' ~'" ,:;;t-j .... ..... , :1 rt: . o ,00 ..;: . ". .. . . ...... o.~ fj'.. ..~ o "'. . .. "', . . ~' .., '" , e. ~ o f'I' ~ 2.: ~: . ..." o L .... ~i " c' ... i r \ " C .. ~ .. 0' . o g .. " . . . - " "< ... o . e. . . '" ZY- , 5F. -. 6' ..'.--, ~ Council Agenda - 8/1 0/98 A. REFERENCE AND BA First Minnesota Bank has acquired a parc 1 at 106 East 4th Street, at the comer of 4th Street and Highway 25. The parcel is wit in the CCD zoning district, which allows banks as permitted uses but which applies a Conditional Use Permit to drive-through facilities. The purpose of this clause is to nsure that the automobile orientation of a drive-through does not reduce the ability ,f the site to serve pedestrian traffic, a key component ofthe community's downtow ' revitalization efforts. Variances have been requested which wo .ld allow the site improvements to encroach to within one foot for the parking lot on the ! outh side, and to within eight feet for the parking lot and driveway on the east side. Respective setbacks for these areas would be five feet and 20 feet, based upon the adja nt land uses. CONDITIONAL USE PERMIT The elements of the Conditional Use Pe it for drive-through facilities in the CCD area include the following: 1. Service through drive-through fac, lities is accessory to interior on-site, or sit- down, service within the same bu~ ding. 2. Drive-through lanes are designed 0 avoid disruption of pedestrian and vehicular traffic flow, both on- and off-site. 3. Landscaping and other site impro. ements are included which screen automobile stacking space from the public str et. 4. The principal building occupies n less than forty (40) percent ofthe property, exclusive of easements, devoted t public pedestrian use or other outdoor public spaces. 5. The building, site, and signage, eets the standards for the "CCD" district, and design review approval is grante I by the designated Design Advisory Team. 6. The proposed use demonstrates c mpatibility and consistency with the City's Comprehensive Plan and the Do town Revitalization Plan. The first two points do not present a pro lem as designed, although variances have been requested for setbacks. The variance req ests will be reviewed below. With regard to landscaping, no landscaping plan has be n submitted with the proposal. A plan should be prepared which illustrates an intensively landscaped screening ofthe parking and drive- 8 Council Agenda - 8/10/98 . through area from the east property line. We would recommend shrubs, ornamental trees, and garden areas, without lawn in this ar a, both for aesthetic reasons and to intensify the screening effect of the landscaped area. The fourth point raises an issue over the ount of the site devoted to vehicular use. The building is proposed to be 5,024 square Ii et in area. The total site area from sidewalk to property line includes approximately 18,788 square feet. Including the non-parking area open space adjacent to the building (whic could be construed to be "other outdoor public spaces" if properly designed), site covera e would be approximately 33 percent. To meet the 40% standard, building or "public" op n space would need to be increased by about 1,000 square feet. The Planning Commission has based its r commendation for approval on a finding that the canopy over the drive-up teller area sh uld be included in the lot coverage calculation. This finding would be supported by the g neral interpretation that structures with a roof are included when considering building se backs and other zoning evaluations. As such, a canopy of adequate area (approximately 1,000 square feet) would be necessary to provide sufficient lot coverage to meet the 40% standard. The site plan illustrates a canopy of approximately 800 square feet, ased on the estimate of the project architect. A small expansion of this structure would eet the intent of the ordinance, as interpreted by the Planning Commission. ~ The Design Advisory Team has suggested eliminating two parking spaces adjacent to the Highway 25 entrance to increase land scapi g area. This suggestion would also increase visibility for traffic at this location. This ould leave the site slightly short of the required 22 off-street parking requirement . The site may be redesigned to accommodate the relocated parking spaces. In the altern tive, the CCD District has an option for this situation, which would be to require the b to pay into a public parking fund based on the number of spaces it would be short. . With regard to the DAT review and Compr hensive Plan objectives, the project has received design review approval and woul appear to be within the objectives of the Plan, subject to the comments above, and the vance discussion to follow. VARIANCES - PLANNING COMMISS ON ACTION ONLY No action is required unless a City Counc I member would like to appeal the Planning Commission's approval. If so, a public he ring would need to be conducted on August 24,1998. No appeals have been r eived. The bank has requested two variances. The first is to the east property line. This area is required to be 20 feet in width to accommo ate a landscape buffer. The applicant is requesting a reduction to 8 feet. As noted i the text above, no landscape plan has been submitted. It would appear that there is ade uate room to provide an attractive, effective buffer in the 8 feet. The Planning Commiss on recommends that a landscape plan should be prepared and presented prior to final app oval verifying compliance with this criterion. . 9 Council Agenda - 8/10/98 . It should also be noted that the OAT has ma e a similar finding, suggesting that a fence and landscaping on this boundary would be ufficient. Given the proximity of the adjoining house, a significant fence of more than the common 6 feet may be appropriate. With regard to the south boundary, the appl cant has proposed a reduction from the 5-foot parking setback to a I-foot setback. The D T has noted that overhang by vehicles parked against the curb in this location wo d encroach on neighboring property. The 5- foot standard is imposed to reduce the imp ct of pavement and parking areas by allowing some room for a landscaped border. By sh.fting the parking area slightly north, or with a slight redesign in the building entrance, it S ould be possible for the parking lot to meet the 5-foot setback and provide the landsca ing required by the Zoning Ordinance. The Bank requests the ability to occupy a t mporary structure during the construction of the permanent facility. The applicant has ubmitted a site plan illustrating this proposal. We would recommend a time limit for this occupancy, such as six months as a part of this proposal. If necessary, the limit could be xtended by City Council action. ADDITIONAL ISSUE: TEMPORARY QUARTERS ~ \ B. AL TERNA TIVE ACTIONS: Decision 1: Conditional Use Permit for Drive-Through Facilities. . 1. Motion to approve the Conditiona Use Permit for a drive-through facility, subject to conditions listed in Exhibit Z, b sed upon a finding that the canopy over the drive-up area is included in the lot coverage calculation, and that the project would meet the intent ofthe Cent!' 1 Community District and the Comprehensive Plan. 2. Motion to deny the Conditional U e Permit, based on a finding that the site cannot provide adequate lot coverage ne essary for drive-through facilities in accordance with Zoning Ordinance requirem nts. 3. Motion to table action on the CD , pending the submission of additional information. Decision 2: Variance to the 20-foot pen space requirement on the east property line. (PLANNING CO MISSION ACTION ONLY) No action is required unless a City Cou cil member would like to appeal the Planning Commission's approval. If so, a publiq hearing would need to be conducted on August 24,1998. No appeals have bee' received. 1. Motion to approve the variance om 20 feet to 8 feet, subject to the submission of a landscape plan as noted in Exh bit Z, based on a finding that the screening requirements may be met by a l~ ser setback and that the project would meet the intent of the Downtown Revitali ation Plan. ---. 4 10 Council Agenda - 8/10/98 2. Motion to deny the variance, bas d on a finding that landscaping and fencing in the 8-foot area would not be adeq ate to meet the buffer yard intent. . 3. Motion to table action on the vari nee, pending the submission of additional information. Decision 3: Variance to the 5-foot se back for parking facilities on the south property line. (PLANNI G COMMISSION ACTION ONLY) No action is required unless a City Cou cil member would like to appeal the Planning Commission's approval. If so, a public earing would need to be conducted on August 24,1998. No appeals have been received. 1. Motion to approve the variance fr m 5 feet to 1 foot, based on a finding that the screening requirements are not ap licable in this context, and that the project would meet the intent of the Do town Revitalization Plan without the setback. 2. Motion to approve a variance fro 5 feet to 2 feet, consistent with the recommendation of the Design A visory Team to accommodate the overhang of parked vehicles. 3. Motion to deny the variance, base on a finding that it would be possible to meet the 5-foot setback without variano if the site plan is designed to meet lot coverage standards and some of t e parking is replaced by a contribution toward public parking areas. . 4. Motion to table action on the vari ce, pending the submission of additional information. C. STAFF RECOMMENDATION: Staff recommends approval of the Condit onal Use Permit, based upon conditions listed in Exhibit Z. The conditions are those w ich were included by the Planning Commission. The bank and the site plan hich has been submitted are generally consistent with the intent of the Downto Revitalization Plan and the CCD zoning district. As noted, this requires a finding hat the canopy over the drive-up area is included in the lot coverage calculation, d that the canopy is redesigned to total more than 1,000 square feet in area. The varian e to the east side of the property should be acceptable, based on an interest in putting the property to reasonable use, and the ability to meet the screening intent with a well-d signed landscape plan. Redesign of the site plan should be able to accommodate the 5 foot parking lot setback to the south without variance. . D. SUPPORTING DATA: Exhibit A - Site Plan Exhibit B - Temporary Site Plan Exhibit Z - Conditions of Approval I , 07/13/1998 15:45 5124742175 JUL-l[1-1958 16=26 U~'l~ CONST CO ~-. / MCLEOD BANCSHARESINC PAGE 02 !--' . ld':V 11 . ~-- - II :=--- I I rr~ I --~-- A t -+--1- Xl' ~~4 $F I I L___--;, ~ r----~U I I t I r 1 ~CF05EO eUILDIN6 &cl"e EN ING _w-- '"=.-= I f I ~-lc er- r 1 . L__-.J s 16 I 32'.6' 1&' SJo' 9 I , 6; L U\ J ( ~ I ~ ~ ,... " ~ II , I ( __lJ Si ... -- .- -=- . &e.A.LE, t. '" "J /Z'J' NEW , JC4JT"( rOR. MONTICEU.O BANK Monti~.lIo. Minnesota 7/_/111I AiS10 VANMAN COMP ANIl~S T .11 PLnIDU'rM AlItft]!: ~. WI 6Mi\"f ~.... NI: ........- --= -.po -. 9''''' ..... Aaoi1II,.1S . ~enlll2iI . ~ I I SITE FLAN NOp;(T14 FIRST MINNESOTA BANK GP' JXhibit A. Site Plan 07/13/1998 16:45 6124742175 JUL-13-199a 16:36 UANM~N cONST CO CLEon BANCSHARESINC PAGE 02 P.I(l2/02 . - ~ .-.-. ---- eXISTlNQ DRlvEWA .,.. PROPOSED 6UILDIN~ se,4 SfI lJ r----- I ttt1~0fllAR"r" I GRAvEL.. I PAVING I I I I 11)1 ~I' :t EXISTING t)~JYEuJA'" fIiEM~ UJ.IEN NEW c:.l.lJiiie CUT IS COMPLETEi' i'iT'1fI'QtfitAMT" ~YEL. PAVING . EMFORARY FACI SITE FLAN ~E. I. · 2tD' NEW fACIUl'Y fOR: MONTICELLO BANK Monticello, Minnesota 7/'3/'" AH'O vANMAN COMPANIES T tali JIUWClC'I'B .a.~ llDlIUIQUlI." ~ ....._ ... .1P'"---~ ....IO~Tll .... r . . - 1'\ '" 'I""J ~. ~C'ftIII olUlWOlllS 5~'~ it B · Temporary Site Plan TOTAL P. 02 FIRST MINNESOTA BANK Exhi . . . Conditions f Approval First Minn sota Bank 1. The applicant submits a landscape and scr ening plan consistent with the details in this report and the requirements of the DAT. 2. The applicant submits lighting and signag plans subject to the approval of the DA T. 3. The applicant provides amendments to the site plan as required by the Planning Commission's recommendation, includin adequate increase in size for the drive-up canopy and shifting ofthe south parking a ea to meet the 5-foot setback. 4. Occupancy of a temporary structure is lim ted to six months during the construction of the permanent facility. This time limit is s bject to review and extension by the City Council. ~p-,.3 Exhibit Z - Conditions of Approval . . . 5G. C A A. REFERE CE AND BA PRELIMINARY PLAT Council Agenda - 8/10/98 Inc. (NAC) Site Description The site is zoned Single Family Residenti 1 (R-l). The 26-acre site is fairly flat in topography and overlooks the Mississippi River to the north. The site was previously used as a tree farm and is entirely wooded with coniferous trees. No wetlands are present. Soil conditions are thought to be sandy, but soil borings have not been conducted due to the heavy tree cover. T e developer has proposed that the borings be performed when the roadways are cleared. If significant changes need to be made to the preliminary plat based on soil borings, the revised preliminary plat will need to be reviewed by the Planning Commission. Proposed Features The project, called The Forest, consists of 5 single family lots. The minimum lot size requirement of 12,000 square feet has bee met in the proposed development plan. Setback requirements have been met, exce t for the front yard setback, for which a variance has been requested. Lots that are ocated on a curve must have the width of the lot at the building setback line clearly den ted (Section 11-4-1 (C) #5 of the Subdivision Ordinance). Proposed streets must be nam d (Section 11-4-1 (C) #1 of the Subdivision Ordinance). Access This proposed subdivision would add traffi to Gillard A venue, a shared city and township road. One roadway connection is proposed with Gillard A venue to the east and two roadway connections are proposed to t e River Mill additions to the west. Four cul- de-sacs are proposed off the central spine r ad of the subdivision. A trail connection to Gillard A venue is proposed from the south asterly cul-de-sac. The two roadway connections to the River ill additions are connections to residential streets that were not designed to be direct t oughway routes. Driving through the River Mill additions requires multiple turns and p ts extra traffic in a residential neighborhood. Gillard A venue, in contrast, was designed a a direct throughway route; therefore, the access point of choice for leaving and enteri g the subdivision will most likely be the northern connection to Gillard A venue. St f believes that the southern access to Gillard would be a positive improvement for both t ansportation and emergency vehicle access; however, the Planning Commission recom ended that the developer's plan for a cul-de- sac and pathway did a better job of satisfyin neighborhood concerns over traffic. 12 Council Agenda - 8/10/98 . Road Intersection An offset intersection is proposed betwe n two of the cul-de-sac streets and the central spine road. The offset appears to be 35 fi et. The Subdivision Ordinance states that street intersection jogs with an offset ofless th 125 feet shall be avoided (Section 11-5-3 (E)). A sketch of an aligned intersection is sho n in Exhibit D. In the sketch, the leg of the eastern cul-de-sac and the southern prope y lines of Lot 14 and Lot 1 are all shifted slightly south. The leg of the western cul-de-sac is shifted north. Aligning the intersection does not appear to cause any lots to be eliminated. Street Design The horizontal radii of curves are not giv n, but the streets appear functional. Curb radii are also not given but appear acceptable. A street width of 32 feet is proposed throughout the development. Cul-de-sac radii are no specified and shall be designed to City standards. Roadway details shall be revi wed by the City Engineer and Public Works Director. Because the three shortest cul- e-sac roads only serve five to seven lots, a street width of 30 feet is sufficient for these stre ts. . Park Connection Providing a pathway along the side prope y line of Lot 6 would provide an important connection to the park in the River Mill a ditions and would provide a continuous route from the park to Gillard Avenue. Lot 6 a uts the River Mill Park. Providing this pathway connection is especially importa t because no parks are proposed within The Forest, and this pathway would provide t e only non-street access point. In addition, the developer has illustrated a pathway conne tion from the southernmost cul-de-sac to Gillard Avenue. This connection is an im ortant addition to the developing regional pathway system, as well as for local acces to River Mill Park. VARIANCE - PLANNING COMMISS ON ACTION ONLY No action is required unless a City Coun it member would like to appeal the Planning Commission's approval. If so, a public h aring would need to be conducted on August 24,1998. No appeals have beeneceived. The applicant is requesting a variance to a Iowa front yard setback of 25 feet, rather than the required 3D-foot setback. Prior to the lanning Commission, the applicant amended the request to apply only to those lots whi h back onto the stormwater ponds in an effort to allow greater flexibility for house place ent on those lots. As stated in the Subdivision Ordinance (S c 11-9-1), a variance shall only be recommended when the Planning Commis ion finds the following: . 1. That special circumstances e present such that strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his land. 13 Council Agenda - 8/10/98 2. That granting of the varia. ce will not be detrimental to the public welfare or injurious to other prope' y in the territory in which the property is situated. 3. That the variance is to co ect inequities resulting from an extreme physical hardship such as opography, etc. The applicant believes that allowing a 25 foot setback will provide an opportunity to preserve more existing trees in the back y rd. In addition, the storm water ponds restrict the size of the rear year and limit the locaions of homes. The applicant makes the point that preservation of front yard trees is mo.e difficult given building excavation and driveway construction. I I However, with a 30-foot setback, front y d trees are easier to preserve in this project than in most others because the land is fla and grading of the lot beyond the area of the house and driveway is only sparingly nee ed. Preserving trees in the front yard will give the subdivision a unique, forested charact r. ~ Regarding the criteria for allowing a varia ce, in this case the applicant is not deprived of reasonable use of his land, neither is the v iance to correct inequities resulting from an extreme physical hardship. While preserv g trees is a favorable goal, staff believes that preserving trees in the front yard provides higher public value. Moreover, allowing setback variances due to the routine requir ment of storm water ponding would set a problematic precedent for future subdivisi n review. B. ALTERNATIVE ACTIONS: Decision 1: Preliminary Plat I. Motion to approve preliminary plat ased on the finding that the proposed plat, with conditions, is in compliance w th the City Comprehensive Land Use Plan and the City's Zoning and Subdivi ion Ordinances. The conditions to this preliminary plat are illustrated in E hi bit Z. 2. Motion to deny preliminary plat bas d on the finding that approval is premature pending improvement of Gillard A v nue to urban standards. 3. Motion to table the preliminary plat ased on the finding that the conditions be met and re-submitted for prelimin plat review. Decision 2: Variance - Planning Commi sion Action Only No action is required unless a City Counci member would like to appeal the Planning Commission's approval. If so, a public he ring would need to be conducted on August 24, 1998. No appeals have been re eived. 14 Council Agenda - 8/10/98 . 1. Motion to approve the variance base on the finding that allowing a 25-foot front yard setback provides an opportunit to preserve trees. This is the alternative selected by th Planning Commission. 2. Motion to deny the variance based 0 the finding that the situation does not meet the criteria listed in the Subdivision rdinance for allowing a variance. C. STAFF RECOMMENDATION: Staff recommends that the preliminary plat e approved with the conditions listed in Exhibit Z. Staff recommends that the varian e be denied because the conditions listed in the Subdivision Ordinance allowing a vari ce have not been met. Also, we believe trees can be preserved in the front yard with a 30- oot setback, and these trees have a higher public value than trees in the back yard. D. SUPPORTING DATA: . Exhibit A - Site Location Exhibit B - Preliminary Plat Exhibit C - Grading and Drainage Plan Exhibit D - Intersection Design Exhibit Z - Conditions to Approval . 15 . -. <:"l . "" 8 ~ -s; ..... o '" <: '" S .." ;;c: "" :z -l .." ;: Z . ~""~N_~ 52 H~rt:9" t;l =_h'~; tI1 --"-1! >< !!.i!.c .c .~. ~'l5l9g 0 ~"'''llIca~ ~ g;~la t:I ..t -:~ " h h ~ ~ ~ z '; . ~ r J ~ LJ ::::0 rrl r ~-1~ o I Z Z I'"T"1 )> -i I' I ::::0 ~ -< ,'-' r ,0 9;0 ~0i Z-i C) o -a LJ r )::> -j LJ r )> Z N z<: 0 0_ Z ~n Z C:z C) ~:! 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I iii" " I ti..~ i, le~u III I 3 i, 'Ih llli~11 i. Ii ~ 'i I.u H Iu,'.l~ 1/ ~ . "" a! lill'i'l a ! iiiPI iil!, PW I &:1: '11i.l!! Ii . u:ava',.1 : :.31 ~I :.1. II!!: . Ii ~~ I "II! II iJ i i,1 il ! :;g : ;;; ~~ ~, I ! . .. ~ .. or ~ I ... ~ ~ I - "- I'T . ~ l~l i ~~~ "ll ! .. I ~ 5' ~l - r i rr ...... i ",-I i ji ;;; II~ -- J~ . ~.~ .... ~ !: ! ftli :.::; '" .... <>. If ~:==. . = 3 i' ; !1, - l ~ I f{.~ or !1 .. .."" J ~ :; 'I'. .:2 "", .. =r is n .... ~ ;'ii 6l ~ .. .. , g ..,,/ <>. t,I r~ ~ I hl :E ih ,,' t' .. ~ ::1:1 J'< J~i H lm ~ :~, . ",:z::- ~ IH ~~ Exhibit C - Grading/Drainage Plan 1140,14 . n\' 3 (.()' 10 7J . f"') 20,500 sQ,I\. 135' 0 aJ 15,000 sQ,I\. en ,......, 9 12,100 -'l,I\. : 50'29'09"( 212' 1 1 I 61' ~. ".-1 21.800 SQ 1\. M,,':" 1 2 .-r;:n r.- 167'5 150' 6 19,000 sQ,!\. .- U) t,6oo SQ, It 745 54' "0 "0/ 14,1o<l.$Q.f\, 8 ~ .- 6 125' f"<t --- g::> ~ 4 J3i' ~5~_ , , , , \;S,ooo Sq.I\.!_ 60' '1' /Z-. -z. <Sb f"') I z., IO'ftJ .-- ~.~. -~~. 74' 91' 71' 78'.. I 0 , ".,~" I CD , I 85' - 12,100 Sq"" to 7 01 '~~' \ ::.-L 126' 109' 130' I "0 0 12.900 Sq. 1\. 01 2 144' 4 - 12,500 -:Jtto ,,- C gO' U- n'ex.: o ....-: 0. C ex ~ 1;S,900 ~I\. rz. O~ 0 3 '~~, 140' t y _ 9 "","PS'-'" .'<',c,':,. ".;' 15.000 sq.'\.: CO .q- -- .q- Lfl 12,000 SQ,I\, \ _.u_ 141' 141.03 NO'36'32"W ~ 'to E"o no.n N_ en to VI ......g\O.. 18 NO'36' 32"W . o 10 :.~ :;<l' - in ~ ('-, "V-. : '.' '1' ~ 'to N n ~/ 24,500 sq. 1\. "('.J k 7, 7 co to .- VI r-- N 2 ~ - "2 22,?'oo SQ. ft. 5 145' . .T. $..) s., l>'36' S,>, '96' OJ.,.. 35:5~'32"W :, :_ c' ,~(-~9~, ;'. ' + ,u:~~'~ '.Ol ~ i \. / ~,:... ..... ') \ v '_.. : . . ~ ! . ,'( , '-.-- ;.." i \ \ \ \ Exhibit D - Intersection Design ~--- .. ~ . . . CONDITIONS OF PRELIMI I RY PLAT APPROVAL THE FOREST SU DIVISION 1. Lots that are located on a curve have the wid h of the lot labeled at the building setback line and the width is at least 80 feet. 2. Proposed streets are named. 3. A pathway connection is provided between t e southernmost cul-de-sac and Gillard A venue. 4. The offset intersection is eliminated. 5. A pathway is provided along the side prope line of Lot 6 connecting the spine road with the River Mill Park. 6. The front yard setback is 30 feet. Exhi it Z .. Conditions of Approval 6~ --s-- . . . SH. Council Agenda - 8/1 0/98 A. REFERENCE AND BA The Monticello-Big Lake Community Hos ital District has applied for an amendment to its Conditional Use Permit/Planned Unit D velopment (PUD) which was approved earlier this spring. The existing PUD includes im rovements to surface parking and an expansion of the Hospital building in Phas 1, with additional future parking in a 3-level ramp as Phase 2, and other building expans'ons in other future phases. Phase 2 also includes the vacation of Hart Boulevard, th city street which is the primary public street access for the complex. The vacation of th s street is intended to allow the maximization of the surface parking area in front of Hosp'tal facilities. Because the Hospital District does not con 01 all of the property within the entire scope of the PUD, in particular the dental clinic est of the current Hospital building, the vacation of Hart Boulevard could not be co pleted without affecting access to the dental clinic. The City and the Hospital agreed, a a part of the PUD Phase 1 approval, that the vacation ofthe public street would be acco panied by an easement for access to the dental clinic. This was an issue for two reasons: First, t e County is insisting that the relocation of the Hospital's main entrance is accompanied b a closing of the existing access from Hart Boulevard to County Highway 75; and sec nd, the dental clinic was contesting the loss of direct public street frontage as a result of t e vacation. In order to protect the City in granting the vacation, the City required tha the Hospital District grant the City an indemnification from the costs of lawsuits rought by the dental clinic, and a "hold harmless" agreement for changes to the ac ess resulting from the conversion of public street to private driveway. The Hospital District has since acquired ad itional properties west of the dental clinic and the boundaries of its current PUD approval The District is requesting that these newly- acquired properties be developed as a surfa ed parking lot to help absorb the parking demand during the construction of the othe Phase 1 improvements. The new parking lot would be connected to the rest of the PUD ia a driveway along the vacated Hart Boulevard alignment. The extension of parking farther into the re idential areas to the west will require additional screening and landscaping to pr tect the integrity of that neighborhood area. A landscaped buffer yard of 20 feet is require on the west and north sides to provide both distance and screening between the institut onal parking and the residential uses. The proposed landscape plan provides the appr priate area as required by the ordinance. Since the new parking lot will be develope immediately as a part of Phase 1, the vacation of Hart Boulevard and the attend t indemnification and hold harmless agreements are important immediately as ell. Approval of the PUD and issuance of 16 Council Agenda - 8/1 0/98 . permits for this construction should be mad contingent on finalization of this detail. One issue affecting the Hart Boulevard vacation s the County's decision regarding right-out egress onto CSAH 75. Since the County an the City are currently studying the improvements to the county highway in this area, a final determination is not likely in the immediate future. Therefore, changes to th Hart Boulevard roadway, and any necessary documents between the Hospital District an the City, should be delayed until the access issue is resolved. The alternative to the ind mnification would continue to be a written agreement to the access easement from the ental clinic property owners. Finally, since the time that the PUD was ori inally approved this spring, a pathway location along the river and Hart Boulevard has become an issue. The City has for some time reserved a right-of-way for pathway u e between the Hospital campus and the river along the alignment of River Street. That s reet right-of-way ends at the east limits of the Hospital property. Previous plans were de eloped which routed the pathway through the east portion of the Mississippi Shores prop rty from "River Street" to Hart Boulevard. There is now concern from Mississippi Sho es that this location would be unacceptable. With the proposed amendment to the PUD, the Hospital campus plans should illustrate and provide an alternative alignment for th pathway connection if Mississippi Shores is unwilling to grant the pathway easement in the area originally planned. B. AL TERNA TIVE ACTIONS: 1. Motion to approve the amendment 0 the Conditional Use Permit/Planned Unit Development incorporating additio al property into the PUD for a surfaced parking lot, with the conditions list d in Exhibit Z, and based upon the finding that the amendment is generally co sistent with the original PUD approval and that the additional parking will red ce negative impacts on adjoining public streets and private property resultin from heavy traffic. . 2. Motion to deny the amendment to e CUP/PUD, based on a finding that the expansion of the parking is detrime tal to the existing residential neighborhood. 3. Motion to table action on the amen ment pending additional information. C. STAFF RECOMMENDATION: Staffrecommends approval of the CUP/P D amendment, subject to the conditions listed in Exhibit Z. The additional parking woul reduce congestion, particularly during construction of the other improvements. ith appropriate buffering and screening, the imposition on existing residential areas sh uld be minimized. D. SUPPORTING DATA: . Exhibit A - Site Plan Exhibit Z - Conditions of Approval 17 . II ( / I J-t' .f / 1/ // I I / / / ,/ I I / / / J I ..'........ . / '., ......:''"' ......., ......" ~,,~~~~~~'" '~<:~>> " , ~ .,,'.... , ;' '" " 1-,0 $,..' ,p'lJ:/ . Q..V {-") / / / / /,:,/" 1;615 0- ~ //" ,/ // ',', / "~'. !":~I\\,, / , :~ ':~ "-/ ')1' /), / "" , -.. /,1 ;}~ // / ~ / ~ oo.pO g ~\ '.~ ;,:.; ('; ~/ I~! ,.~, ~ ~,' 101 . . . Conditions f Approval I Hospital District C /PUD Amendment 1. Submission of the indemnification and ho d harmless agreements for the vacation of Hart Boulevard prior to changes to the roadwa and pending a final County decision on CSAH 75 access. 2. Continued work with City staff on the loc tion of a pathway easement connection between the "River Street" pathway area d the Hart Boulevard connection near Mississippi Shores. Ex ibit Z .. Conditions of Approval GfI-~ . . . 51. A. REFERE CE AND BA City Council Agenda - 8/10/98 of City Council is asked to consider an amen ment to the zoning ordinance which would allow erection of a general identification s gn and an electronic reader board at the new High School. Under the proposed ordin ce amendment, "public sign" size and height would be regulated based on the speed of he adjacent highway in the same manner that commercial signs are regulated in commecial districts. Public signs would be limited to use by Ci y, County, School, State facilities; therefore, under the proposed ordinance, there woul not be a proliferation of such signs in residential areas. The ordinance would en ble an electronic reader board to be installed at the future middle school. Currently, electronic reader boards are all wed in commercial districts but are limited to displaying time and temperature. Below in italics is the proposed language . r the ordinance amendment. [E] DISTRICT REGULATIONS: Th following sections concern signs which require application and permit. 1. Within the A-O, R- , R-2, R-3, R-4, and PZR districts, signs are subject to the folIo ing size and type regulations: (a) Institutional r area identification signs, provided that the gross square footage of sign area does not exceed eighteen (18) square et, and if the sign is freestanding, the height does not exc ed eight (8) feet. (b) Public signs, including public signs that display information lectronically, provided that the gross square footage of si n area does not exceed sign height and size requirement identified in section 3-9 E4C of the Monticello ning Ordinance. The Planning Commission conducted the ublic hearing, reviewed the options, and selected alternate # 1. 18 City Council Agenda - 8/1 0/98 . B. ALTERNATIVE ACTIONS: 1. Motion to approve the ordinance am ndment based on the finding that it is consistent with the comprehensive p an, consistent with the character of the residential neighborhood, etc. Under this alternative, the sign size llowed at the new high school would be a height of 26 ft with a sign area of 150 sq ft. This is based on the design speed for School Boulevard at 45 mph. If the. City Council feels that these dimensions are inappropriate for a public sign in a r sidential district, then perhaps a cap can be placed on the public sign size in res' denti list ict based on 40 mph. Dropping to 40 reduces sign height to 24 ft an reduces sign area to 125 sq ft. Council may wish to add a stateme t in the ordinance requiring that the sign face in a position perpendicular to the ro d from which it gains its major exposure. 2. Motion to deny approval of the pro osed ordinance amendment based on the finding that it is not consistent wit the comprehensive plan, consistent with the character of the residential neighbo hood, etc. 3. Motion to table the matter pending development of additional data. . The City Council could take the po ition that an electronic reader board of any kind is not appropriate in the R -1 istrict. Perhaps public signs should be h dIed via conditional use permit. Conditional use permitting would allow the Ci y to regulate public sign size, height and placement on a case-by-case basis. Ifthis is the case, the item will need to be continued to the next meeting of t e Planning Commission. C. STAFF RECOMMENDATION: City staff recommends alternative # 1. D. SUPPORTING DATA: Excerpt from zoning ordinance Exhibit A - Copy of Ordinance Amendm nt . 9 . Collector 30 25 16 35 50 20 40 100 24 30 50 18 35 100 22 40 125 24 45 150 26 50 175 28 Major Thoroughfar s Freeways and Expressways Highway 25 1. . 55 and above 200 32 NA 50- 100 22 In th case of subject property directly abutting Stat Highway 25, pylon sign area may range from 50 sq ft to 100 sq ft depending on total lineal feet onting Highway 25. 3.03 feet of pylon sign area s allowed per every 10 feet oflineal frontage with he following exceptions: 1) all properties may rect a pylon sign with a sign area of 50 rega dless of front footage abutting Highway 25, and ) the maximum pylon sign area shall not exce dIDO sq ft regardless of total lineal footage ofpr perty abutting Highway 25. (#173,4/10/89) (d) Definitions: efinitions of road classifi-cations apply as defined by t e official comprehensive plan as adopted. (e) Application: The level at which the sign control system applies is de ermined by the type of road, as defined above, whic directly abuts the subject property. 1. . MONTICELLO ZONING ORDINANCE In th case of subject property directly abutting mor than one (1) road, each designated by a diffe ent road classification type, the less rest ctive classification shall apply in dete mining sign area and height. ~:r. ... I 3/53 . . . Council Agenda - 8/10/98 5J. A REFE ENCE AND BACKGR Farr Development is anticipating approva its annexation at the August 5 meeting of the Monticello Orderly Annexation Board. I order to facilitate the administrative processing of the plat and to prepare for construction, the developer has requested approval of its rezoning during the August cycle of PI .ing Commission and City Council meetings. The plat was reviewed against R-I stand ds, and together with the changes approved as part of the Planned Unit Development pro ess, was in compliance with the R-I regulations. Continued review of the proj ct at staff level has been primarily for engineering issues and final details. As s ch, the first phase of Wildwood Ridge should be ready for rezoning concurrent with the doption of the final plat by the City Council. Planning Commission conducted the pub!' c hearing and recommended approval. B. ALTERNATIVE ACTIONS: 1. Motion to approve the zoning distr ct amendment for Wildwood Ridge, contingent on the approval of the exation, and based on final plat approval by the City Council. This motion sho ld be based on a finding that the project is located within the Monticello Orde ly Annexation Area, is capable of being served by municipal utilities, and i consistent with the Monticello Comprehensive Plan recommendat on for low density residential development in the area. 2. Motion to deny the proposed rezon ng, based on a finding that the annexation of the property has not yet been finali ed. 3. Motion to table action on the rezon ng, pending action of the Monticello Orderly Annexation Board on the annexati C. STAFF RECOMMENDATION: Staff recommends approval of the rezonin to R-1. This project has been subject to significant scrutiny from a planning and zo ing standpoint, and is ready for zoning approval. As noted in the proposed alterna ive #1, the land use is consistent with Comprehensive Plan and is within the City s proposed service area. D. SUPPORTING DATA: Exhibit A - Zoning Ordinance Amendment 20 . . . City of M nticello Wright Coun , Minnesota AN ORDINANCE AMENDING THE MONTI ELLO ZONING MAP BY REZONING THE PLAT OF WILDWOOD RIDGE FROM A-I, AGRICULTURAL TO R-l, SINGLE F AMIL Y RESIDENTIAL. 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 A-I, Agricultural to R-I, Single Fa ily Residential. (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 aer its passage and publication. Adopted this 10th day of August, 1998. ATTEST: City Administrator Mayor ~f"" I . 5K. ~~'" Council Agenda - 8/1 0/98 A. REFERENCE AND BACKGR ND: I City Council may not be familiar with thel name of this residential subdivision, as it has been changed from East Oaks Meadows t Parkside at Meadow Oak subdivision. As you I recall, sometime ago the City Council gra ted preliminary plat approval and later granted a request for rezoning from agriculture to I esidential. In addition, the MOAA agreed that this development meets the minimum req irements for annexation to the city. In the past few weeks, the developer and his enginee have been refining the plans and specifications and working through the review process ith City staff. Development is now ready for approval with most modifications made a d final modifications to be completed prior to execution of the development agreement. i The final plat of phase I consists of devel pment of a tier of lots ( 12 acres) along the eastern edge of the Meadow Oak subdivi ion. This phasing will allow full access to Parkside at Meadow Oak from both ends I fthe main collector road that runs north/south through the development. This will allo the developer to build the first homes in the area of the plat farthest away from the fre way, which will help set the development trend for the plat. The park dedication for the site will be i the form of both land and cash. Park areas in the Meadow Oak area lost to the entranc drive will be replaced with a like amount of park at the entrance to the development.. 0 park areas under the power line will be accepted as counting toward park dedica I. on. The park dedication taken in cash will be based on the value ofthe land as paid by I r. Shermer. I ! Mr. Shermer will be developing the utili~' es on a private basis, which means that he will be entering into a disbursement agreeme t with the City and a lender to cover the cost of development. The disbursement agreem nt amount will include an additional 20% to cover City expenses associated with engil eering and inspection. The annexation resolution prepared desc ibes the land area encompassed by phase I only and does not include annexation of the 0 tlot area. This is because, according to the agreement with the Township, the City ust develop at least 50% of the areas annexed within three years of the annexation, oth rwise all further annexations are halted. Under the development agreement, the City ha financial guarantees that will result in the full area encompassed by phase I being deve oped well within three years. 21 . B. AL TERNA TIVE ACTIONS: Council Agenda - 8/10/98 1. Motion to approve final plat, devel pment agreement, and joint City/Township resolution supporting annexation of phase I of the Parkside at Meadow Oak residential subdivision. Motion is s bject to the following conditions: . C. 1. Modifications to the final pI t and engineering specifications as required by the City Engineer. 2. Approval of the joint resolut on by Monticello Township. 3. Approval of the annexation y the Municipal Board. 4. Review of development agre ment by City Engineer. 2. Motion to deny or table approval of he final plat, development agreement, and joint resolution. Council could take the position that he final plat should not be approved until the City Engineer and developer's engi eer have come together with an agreed-upon final set of plans and specifications. At this point in time, it appears that the project is far enough along from a d sign standpoint to warrant approval. STAFF RECOMMENDATION: City staff recommends alternative # I. D. SUPPORTING DATA: Final plat; Joint resolution; Copy of develop ent agreement. . 22 (lI9) :X"1:l 9519-995 (ll9l :.uoljd -'d u,(I~OOJa 'N ...'" ljlS.l - 1099 :0 ON"1 ONINN'<11d 311S 1 -nsNO::> NOSN-IOf" ::> r I' .uV~,jQII~ r---- ...~ zz wo _ _ _~ ~ i= n---w-- r ~~ i~ ~I!w -~ gl -.. :U" w!u ~ij i:~ I !~, mN ~~III ~~;~~ ~~ 1aw ;g~J I;;~..H w~ E~ ~ !i~- ~~i~!l c~ ~I!~ ilii!~ ~'* i. 'i" 8 J::-i i ~'i :I:1i . ~ ! -r . 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IN THE MATTER OF THE A ENDMENT TO THE JOINT RESOLUTION FOR ORDER' Y ANNEXATION BETWEEN THE TOWN OF MONTI ELLO AND THE CITY OF MONTICEL 0, MINNESOTA PURSUANT TO MINNESOTA ST TUTES 414.0325, SUBD. 1 TO: Minnesota Municipal Board 165 Metro Square Building St. Paul, MN 55101 The Town of Monticello and the City of Monticello hereby jo ntly agree that the joint resolution between the Town of Monticello and the City of Monticello designating an area for orderly annexation dated March 6, 1998, be amended to include the following: P ARKSlDE AT MEADOW OAK: That part of the Southeast Quarter and Southwest Qu rter of Section 18, Township 121, Range 24, Wright County, Minnesota described as follows: . Commencing at the South 1/4 corner of Section 18, ownship 121, Range 24, thence along the east line of outlot F, Meadow Oak Addition on an assume bearing ofN 10 10'00" E, a distance of 1586.0 I feet, to the southerly right-of-way line of the Burling on Northern Railroad; thence S 49056'47" E, along the southerly right-of-way line of the Burlingt n Northern Railroad, a distance of754.22 feet; thence S 39058'44" W, a distance of333.32 feet; the ce S 1010'00" E, a distance of 263.77 feet; thence S 3r52'23" W, a distance of 76.22 feet; thence S 0012'16" E, a distance of295.00 feet; thence S 8036'13" W, a distance of 60.72 feet; thence S 0012' 16" E, a distance of 165.00, to the sou h line of the Southeast 1/4 of Section 18, Township 121, Range 24; thence along the south lin of the Southeast 1/4 of Section 18 along an assumed bearing ofS 89047'44" W, a distance of28 .00 feet to the point of beginning. Said Parcel containing 11.892 acres more or less. Both the Town and the City agree that no alteration of the st ted boundaries of this agreement is appropriate. Furthermore, both parties agree that no consideration by the Board is necessary. Upon receipt of this resolution, the Municipal Board may review and comment but shall, within 30 days, order the annexation of the following-described property in accordance with the terms of the joint resolution Approved by the City of Monticello this ~ day of ,19_. City Administrator Mayor Approved by the Town of Monticello this day of ,19_. . Town Chair Town Clerk !"t<., ~ . . . DEVELOPER'S GREEMENT PARKS IDE AT M AD OW OAKS RESIDENTIAL SUBD VISION - PHASE I THIS AGREEMENT, made and entered i by and between the CITY OF MONTICELLO, a of the state of Minnesota (the "City"), and corporation (the "Developer"). RECIT LS: o this day of , 1998, unicipal corporation organized under the laws , a Minnesota WHEREAS, Developer has requested that ity grant final approval to a plat to be known as East Oaks Meadows (the "Subdivision"), said 1 d legally described as set forth in Exhibit A attached hereto and made a part hereof ("Property' ) which Subdivision shall consist of ~ single family lots and outlots; and WHEREAS, Developer intends to constru t, install, provide for, and maintain streets, pathways, storm sewer, water main, signs, gradin , and drainage activities in accordance with the plans and specifications as hereinafter described, 11 at the sole cost and expense of Developer; and WHEREAS, the City has by resolution ad pted on the ~ day of , ~, granted final approval to the Subdivision provide that the Developer enter into the within Agreement and that Developer faithfully perform he terms and conditions contained herein. NOW, THEREFORE, in consideration of he premises and the mutual promises and conditions hereinafter contained, it is hereby agre d as follows: 1. Plat Approval. The City agrees to approv the Subdivision as requested by Developer on the terms and conditions as hereafter set fo h. The Developer agrees that the Subdivision shall be developed in accordance with the xhibits attached hereto which are hereby incorporated by reference as if fully set fo herein. The exhibits are: Exhibit B -- Final Plat Prior to the date of filing the plat and prote tive covenants, Developer must pay to City any and all outstanding expenses incurred y City for plat and other development purposes including, but not limited to, eng neering, legal, and other professional staff fees. The final plat must be approved and execu ed in accordance with City and County ordinances and filed in the office ofthe Wight County Recorder at Developer's expense no later than Failure to file the final plat and protective ovenants by this date shall render this Agreement null and void in its entirety. GK., ~ge1 2. Representations of Developer. As induce ent to the City's approval of the Subdivision and entering into this Agreement, the Dev loper hereby represents and warrants to the City: . A. That the Developer is the fee own r of the Property and has authority to enter into this Agreement. B. That the intended use ofthe prope y is for single family residential development. C. That the Subdivision complies wit all city, county, state, and federal laws and regulations including, but not limi ed to, City subdivision ordinances and zoning ordinances. D. That to the best of Developer's 1m wledge, the Subdivision does not require an Environmental Assessment Works eet or an Environmental Impact Statement, but shall prepare the same if required 0 do so by City or other governmental entity pursuant to law and shall reimburs City for all expenses incurred by City in connection with the preparation 0 the review, including stafftime and attorneys fees. Developer Improvements. The Develope agrees it shall construct, install, and maintain certain public improvements ("Developer mprovements") on the Property, at Developer's sole cost and expense, in accordance with the following exhibits: 3. . Exhibit C -- Building and Site D sign Plan Exhibit D -- Construction Plan Developer agrees the Developer Improve ents shall be performed in accordance with the plans, specifications, and preliminary eng neering reports approved or to be approved by the City Engineer and the City prior to co mencement of construction and thereafter, in accordance with all City rules, regulation , ordinances, and the requirements of this Agreement, which shall include, but not b limited to, the following: A. Street and pathway grading, grave ing, surfacing, and stabilizing which shall include curbs, gutter and drivewa approaches. B. C. D. E. F. . G. Sanitary sewer, including all app Storm sewers, including all neces ary catch basins, and appurtenances. Water main, including all appurte Setting of lot and block monumen s. Surveying and staking. Site grading, berming, and landsc ping consistent with landscape and the City Erosion Control Policy Residenti Lots regulation. ~K ~ie2 . . . Establishment of post office cluste box stands with groups of four or more in the single family residential area, prov'ded that each group shall be no closer than 200 feet from any other group. Post 0 Ice cluster box stands in the twinhome area shall be in groups of eight or more H. I. The City shall install street name s gns, stop signs, and other traffic control signs at all locations deemed necessary y City, at Developer's cost and expense. J. Boulevard tree plantings. K. Pathway improvements between L ts 6 & 7, Block 1. Permits. The City shall fund expenses ass ciated with oversized and/or over-depth as defined by the City Engineer. Upon exec tion of this Agreement, Developer and other necessary parties shall promptly apply for all permits, approvals, licenses, or other documents from any and all necessary go ernrnental agencies (which may include the City, Wright County, PCA and DNR) so to enable Developer to construct the Developer Improvements as herein conte plated. Developer shall use its best efforts to obtain the same as soon as reasonably pos ible. 4. Developer acknowledges and agrees that per unit, trunk water main, sanitary sewer fee, and storm sewer fee shall be incorporated nto an assessment roll for the subdivision. The total amount for trunk water is $6,000; for sanitary sewer is $12,000; for storm sewer is $ ; making a total of $ , which Developer agrees is fair and reasonable. No grading or building permi shall be issued by City unless the plans or application are in conformity with the Cit comprehensive plan, this Agreement, and all local, state and federal regulations. The C ty shall, within fifteen (15) days of receipt of plans or building per applications, review uch submittal to determine whether the foregoing requirements have been met. Ifthe City discerns said plans or applicati ns 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 b a conclusive determination that the plans or applications have been approved as to the equested activity by Developer and satisfies the provisions of this section. The City shall issue building permits prio to City acceptance of the Developer Improvements provided that the party app ying for the building permit agrees to withhold requests for occupancy until necessary De eloper Improvements have been installed, which include operational and tested sewe and water systems, installation of sod in the front yard, and roadway development suf ciently completed to support access by emergency vehicles, snowplows, and garb ge trucks, to be determined by the City Engineer in his sole but reasonable discret on. Until such approval is granted, no dwelling may be occupied on either a tern orary or permanent basis, except that model homes may be occupied by sales personne for marketing and related purposes. Notwithstanding this provision, if the Dev loper is in default of this Agreement, as hereinafter defined, in addition to any oth r remedy provided by this Agreement, City may refuse to issue a certificate of occup cy for any lot or parcel in the Subdivision until ~K,S:ge3 5. . Developer cures the default as provided here n. 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. r I rovem nts. Upon obtaining all nd permits, subject to Unavoidable Delays, e Developer Improvements within ten (10) 7. Faithful P rii rmance f Const tion of 1m rove ents. Developer shall install, construct, and maintain the Subdivision Ite s and Developer Improvements in accordance with the terms of this Agreemen. Developer guarantees and warrants the workmanship and materials respecting such ubdivision Items and Developer Improvements for a period of one year folIo ing City's acceptance of the same ("Guarantee Period"). . . The Developer shall repair or replace, as dir cted by the City and at the Developer's sole cost and expense, any work and/or materials that become defective, in the sole but reasonable opinion ofthe City or its Engine r, provided that City or its Engineer give notice of such defect to Developer within ee months following the end of the Guarantee Period. The Developer, or Devel per's contractors, shall post maintenance bonds or other security acceptable to City to secure these warranties. 8. Inspection of Improvements. Developer au orizes the City Inspector and City Engineer to inspect construction of the Developer 1m rovements as required by City and grants to them a license to enter the Subdivision to p rform all necessary work and/or inspections deemed appropriate during the construction f the improvements until final certification of acceptance is approved by City for all De eloper Improvement items and expiration of any applicable warranty period. Inspection by the City are to be logged and reported weekly to Developer. Construction and installation plans shall be rovided to City and shall be reviewed by and subject to approval ofthe City to insure that 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 certificat' on of acceptance is approved by City and expiration of any applicable warranty perio . 9. Acceptance of Improvement. Upon notific tion by Developer that any of the Developer Improvements have been completed, within ten (10) days City Engineer shall inspect the Developer Improvement and, at his sole dis retion, determine if the Development Improvement(s) has been completed in acc rdance with the plans, specifications, and exhibits attached hereto. 5K ,(Ppage4 . If the City Engineer determines that the De eloper Improvements have been completed in accordance with said requirements, the Cit Engineer shall give the Developer written notice of the City's acceptance of the Deve oper Improvements within seven (7) days effective as of the date of the inspection. If the City Engineer determines that the De eloper Improvement(s) is not completed in accordance with said requirements, the Cit Engineer shall notify Developer in writing of the deficiency and provide a reasonable da e upon which to cure the deficiency. Failure by the Developer to cure within the stated ime period shall constitute an Event of Default. 10. Completion of Developer Improvements. eveloper agrees to complete the Subdivision Items and Developer Improvements on or efore . The Completion Date as provided herein is subject to Unav idable Delays as hereinafter defined, in which event the completion date may be extende by the period of such Unavoidable Delays. . 11. . 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 eyond the Developer's control or other casualty to the Developer Improvements, or the act of any federal, state, or local government unit, except those acts of the City authorized or contemplated by this Agreement. In the event Developer believes an 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 Engin er shall determine the length ofthe extension, if any, in his sole but reasonable discretio Ownership ofImprovements. Upon the c mpletion of the Developer Improvements required to be constructed by this Agree nt, and the acceptance thereof by the City, the Developer Items lying within the public e sements and public right-of-ways as shown on the Subdivision plat shall become City pr perty without further notice or action. Within thirty days thereafter, and before any sec ity as herein required is released, Developer shall supply City with a complete set of r producible" AS BUILT" and "DEVELOPMENT PLAN" plans in a fo acceptable to the City Engineer, without charge to City, which documents shall be orne the property of City. 12. Clean Up. The Developer shall properly lear any soil, earth, or debris on City-owned property or public right-of-way resulting rom construction work by the Developer, its agents, or assigns. 13. Mainten nce of Roa s Bet! re Acce tanc . Developer shall, at its expense, prepare any streets located in the Subdivision for sno lowing and other maintenance that Developer wishes City to undertake prior to formal cceptance by City of such streets. This preparation shall include, without limitat'on, ramping any manholes as necessary to avoid damage to snowplows or other vehicles sed in street maintenance. Should damage occur to City snowplows or other vehicles duri g the course of snowplowing or other maintenance procedures prior to formal cceptance of the street by City, which damage is ~K ~ ~age5 . 14. . . caused by Developer's failure to properly pr pare or maintain the same, Developer shall pay all such damages and shall indemnify a d hold City harmless for all such damage, cost, or expense incurred by City with regar thereto. Erosion and Drainage Control. The Develo er shall provide and comply with erosion and drainage control provisions in the landscap plan and City policy requirements as described in paragraph 3(8) and as otherwis required by City. As development progresses, the City may impose additional rosion and drainage control requirements if, in the sole but reasonable opinion of the Cit Engineer, they would be useful and appropriate in controlling drainage and eros'on. Developer shall promptly comply with such erosion and drainage control plans an with such additional instructions it receives from City. 15. Hold Harmless Agreement. Developer ack owl edges 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 ofthe ess nce 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 discr tion of City, the notice and cure provisions of paragraph 21 shall not apply and City is au horized to undertake any corrective action it deems necessary to prevent or minimize such flooding and/or damage. In such event, Developer agrees to hold City harmless an indemnify City from claims of all third parties for damages arising out of said corr ctive action by City, and agrees to reimburse City for all out-of-pocket expenses incurre by City arising out ofthe corrective action including, but not limited to, any costs nec ssary to re-Iandscape disrupted soils located within the Subdivision. 16. Insurance. A. The Developer will provide and m intain or cause to be maintained at all times during the process of constructing e Developer Improvements until six (6) months after acceptance of all Dev loper Improvements and, from time to time at the request of the City, furnish wit proof of payment of premiums on: (i) Comprehensive generallia ility insurance (including operations, contingent liability, operati ns of subcontractors, completed operations and contractual liability ins rance) together with an Owner's Contractor's Policy with limits against odily injury, including death, and property damage (to include, but no be limited to damages caused by erosion or flooding) which may arise ut of the Developer's work or the work of any of its subcontractors. Limits for bodily injury or eath shall not be less than $500,000.00 for one person and $1,000,000.00 or each occurrence; limits for property damage shall not be less than $200000.00 for each occurrence. The City, City S1( - g' Page 6 Engineer, and Developer's E gineer shall be an additional named insured on said policy. Developer sh 11 file a copy of the insurance coverage with the City upon request. . (ii) Worker's compensation ins ance, with statutory coverage. 17. Security for Cost of Improvements. For the purpose of financing the construction, installation, and maintenance ofthe Develo er 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 C ntury Bank National Association ("Lender") a Note and Mortgage encumbering the prop rty in an amount not less than $ (56 trees x $150 = $8,400). The proceeds 0 this loan shall be escrowed by Lender and disbursed only in accordance with the term and conditions of a certain Disbursement Agreement attached hereto as Exhibit E an incorporated by reference herein. No work shall be commenced under this A reement until the Note, Mortgage, and Disbursement Agreement have been execu ed and certified copies filed with City. 18. Responsibility for Costs. A. The Developer shall pay all costs i curred by it or City in connection with the development of the Subdivision, in luding but not limited to construction of Developer Improvements, legal, pI nning, engineering, and inspection expenses incurred in connection with approv 1 and acceptance of the Subdivision plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in monitoring and inspecti g development of the Subdivision. . B. The Developer shall pay in full all ills submitted by the City within thirty (30) days after receipt. If the bills are n t paid on time, the City may halt all plat development work until the bills ar paid in full. C. The Developer shall hold the City d its officers and employees harmless from claims made by itself and third pies for damages sustained or costs incurred resulting from Subdivision plat ap roval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay r incur in consequence of such claims, including reasonable attorneys fee , provided that nothing herein shall require Developer to indemnify the City, i s officers or employees from any violation of law or from the consequences of t eir own negligence. D. The Developer shall reimburse the City for its costs incurred in the enforcement of this Agreement, including engi eering and reasonable attorneys fees. 19. Required Tree Planting . The Developer shall be responsible for in tallation of boulevard tree plantings as required by the city ordinance. In this case, 56 tre s are required. Required subdivision trees must have a trunk diameter of at least two inch s (2") at one foot (1') above ground. Required trees must be protected and 5K"~ Page 7 . supported by approved tree guards. Not les than two (2) or more than three (3) species oftrees shall be planted in any block, and n ither less than twenty percent (20%) nor more than fifty percent (50%) ofthe total tr es planted in a block may be of the same specIes. On lots with a single frontage or for corner 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 lant 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 disbursement agreement. 20. Park Dedications. The total land area ofth site is 33.66 which results in a total park dedication area of3.36 acres. The total Ian area ofthe first phase is 12 acres which results in a park dedication area requireme t of 1.2 acres. The city shall accept the trail outlots along with the park at the northwes side of the development with the first phase (1.4 acres). The City shall not count land nder power lines toward park dedication requirement. This first phase park dedicati n results in the developer providing more land than is required with the first phase. his overage of.2 acres shall be applied as a credit against park dedication requirement with the second phase. The park dedication amount with the second phase shall be bas d on the prevailing policy for park dedication at the time of final platting of the second p ase. . 21. Trails and Pathways. Phase II. A. One half of the cost of the trail exp nse on the outlot behind Block 4 shall be levied as an assessment against the e lots at time of platting of Phase II. The amount shall be determined by the ity Engineer. B. The developer shall install an 8' bit minous trail between lots 6 & 7, Block 1, Phase I. This installation shall be ompleted with Phase I developer improvements. Phase I. A. For Lot 1, Block 4, the developer hall install an 8' bituminous trail on the outlot along the rear of Lot 1, Block 4. he City shall fund Y2 the cost to develop this trail. . B. The developer shall provide neces ary easements and install an 8' bituminous trail between Lots 19 and 20, Block 3 d between Lots 5 and 6, Block 3. This trail to 5K ,,/0 Page 8 be installed with the second phase 0 the project. . 22. Miscellaneous. A. This Agreement shall be binding up n 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 be deemed to be third-party beneficiaries of this Agreement. C. If any portion, section, subsection, s ntence, clause, paragraph, or phrase ofthis Agreement is for any reason held in alid, such decision shall not affect the validity ofthe remaining portion of his Agreement. D. So long as the City uses its best effi rts to review plans and inspect improvements, the Developer shall have no cause 0 action for damages attributable to delays in the construction and completion of aid Items. E. No one may occupy a building for hich a building permit is issued on either a temporary or permanent basis until anitary sewer and water lines have been installed, hooked up, tested, and ap roved by the City. F. . 23. . 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 ofthis Agreement as to ture events of default. To be binding, amendments or waivers shall be in iting, signed by the parties, and approved by written resolution ofthe City Coun il. The City's failure to promptly take legal action to enforce this Agreement sh 11 not be a waiver or release as to any event of default. G. This Agreement shall run with the I d and shall be recorded in the office ofthe Wright County Recorder. After co pletion of all of Developer's obligations hereunder, at Developer's request City will execute and deliver to Developer a release of this Agreement in record ble form. H. Both parties to this Agreement ack owledge that they have been represented by counsel, or are aware of their right 0 counsel, and have entered into this Agreement freely and voluntarily. A. Except only by way of security for and only for the purpose of obtaining financing necessary to enable the eveloper or any successor in interest to the Property, or any part thereof, to pe form its obligations with respect to the construction of the Developer Imp ovements under this Agreement, and any other purpose authorized by this Agree ent, the Developer (except as so authorized) ~K .,.11 Page 9 . will not make or create, or suffer to e made or created, any total or partial sale, assignment, conveyance, or transfer n any other mode or form of with respect to this Agreement or any interest therei , or any contract or agreement to do any of the same, without the prior written a proval of City. B. In the absence of specific written ageement 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. 24. 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 Agreement (unless the context otherwise pr vides), anyone or more of the following events: A. Failure by the Developer to observe 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 cre itors, or shall consent to the appointment of a receiver of itself or of the whole or ny substantial part of the property. . C. Ifthe Developer shall file a petitio under the federal bankruptcy laws. D. If the Developer is in default under the Mortgage and has not entered into a work- out agreement with the Lender. E. If the Developer shall fail to begin onstruction of the Developer Improvements in conformance with this Agreement, and such failures are not due to unavoidable delays as defined in this Agreemen . F. The Developer shall, after comme cement of the construction of the Developer Improvements, default in or violat its obligations with respect to the construction of the same (including the nature d the date for the completion thereof), or shall abandon or substantially suspend c nstruction work, and such act or actions is not due to unavoidable delays as dete ined by the City Engineer in his sole but reasonable discretion and any suc default, violation, abandonment, or suspension shall not be cured, ended, or reme ied within the time provided for in this Agreement. . 25. Notice/Remedies on Default. Whenever y Event of Default occurs, the City shall give written notice of the Event of Default to eveloper by United States mail at its last known address. If the Developer fails to ure the Event of Default within fifteen (15) days of the date of mailed notice, in addit on to any other remedy provided in this 'K ,/~age10 Agreement, and without waiver of any such ight, City may avail itself of any or all of the following remedies for so long as the Devel per is in default: . A. Halt all plat development work and c nstruction of Developer Improvements until such time as the Event of Default is c red. B. Refuse to issue building permits or 0 cupancy permits as to any parcel until such time as the Event of Default is cured. C. Apply to a court of competent jurisdi tion to enjoin continuation of the Event of Default. D. Exercise any and all remedies availa Ie to City pursuant to the Disbursement Agreement. If the Event of Default i the failure of Developer to complete, construct, install or correct the Deve oper Improvements in accordance with the plans and specifications and this Agr ement, City may perform the construction or work and apply to Lender pursu t to the Disbursement Agreement to reimburse City for its expenses. Thi provision shall be a license granted by the Developer to the City to act, but shal not require the City to take any such action. Developer consents to such action b City and waives any claim Developer may have against City for damages in the event City exercises its rights in accordance with this provision. E. Terminate this Agreement by 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. If any portion, section, subsection, s ntence, clause, paragraph, or phase of this Agreement is for any reason held in alid, such decision shall not affect the validity of the remaining portion of his Agreement. C. The action or inaction of the City sh 11 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, an approved by written resolution of the City Council. The City's failure to prom tly take legal action to enforce this Agreement shall not be a waiver or elease. D. Future residents ofthis Subdivision shall not be deemed to be third party beneficiaries of this Agreement. . E. This Agreement shall run with the I d and shall be binding upon the Developer, its successors and assigns. The De eloper shall, at its expense record this Agreement in the Office ofthe Wri ht County Recorder. After the Developer has completed the work required under his Agreement, at the Developer's request the C;K ~ 13 Page 11 _ i . . . City will execute and deliver to Dev loper a release in recordable form. F. All parties to this Agreement ackno ledge they have been represented by counsel and have entered into this Agreeme freely and voluntarily. 27. Notices. Required notices to the Developer shall be in writing and shall be either hand delivered to the Developer, or mailed to the Developer by United States mail, postage prepaid to the following address: Notices to City shall be in writing and eithe hand delivered to the City Administrator or mailed to City by United States mail, posta e 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 STATE OF MINNESOTA) )ss. COUNTY OF WRIGHT ) CITY OF MONTICELLO By: Rick Wolfsteller Its: City Administrator The foregoing instrument was acknowledge before me this day of , 1998, by William Fair and Rick Wolfsteller, the Mayor and City Administrator of the City of Monticello, a Minneso a municipal corporation, on behalf of the corporation. By: Its: STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) Notary Public 5K ' , tf Page 12 . . . The foregoing instrument was acknowled ed before me this day of , 1998, by its of ., a Minnesota corpo ation on behalf of the corporation. Notary Public This Instrument Drafted By: Olson, Us set, Agan & Weingarden 6600 France Avenue South Suite 590 Edina, MN 55435 /"". c;t<,., I ':9013 . EXHI IT A Legal De; cription . . SK ,,/~ge14 --. 'K / I ? Page 15 . . . EXHIBITS AND D Exhibit C Building and Site Plan Exhibit D Construction Plan Exhibits C and D are available and on file at the of: lee of the Monticello City Engineer, WSB & Associates, Inc., 350 Westwood Lake Office, 8441 Wayzata Boulevard, Minneapolis, MN 55426. ~K ' I ~ Page 16 EXHIB T E . Disbursement I greement i I . . ~K /1!e17 . . . Council Agenda - 8/1 0/98 7. A. REFERENCE AND BACKGRO City Council is asked to consider approval f the final plat, development agreement, and resolution supporting annexation ofthe Wi dwood Ridge plat phase I. As you know, the Wildwood Ridge plat has been working its way through the process and is now ready for approval by the City subsequent to orderly exation approval of the annexation which was granted on July 5, 1998. The final pIa has been reviewed by engineering, the development agreement has been drafted, d the plat is ready for approval. However, there is one major topic identified as of lat that will require attention by the City Council. In the development agreement, th Council will need to determine to what extent the City should be involved in devel ping and funding a portion of the cost to build a water pressure booster station. In r viewing the design of the plat, it was found that a number of the lots will have relativel low pressure during normal water system operation. When the main water tower is d wn for cleaning and the City is operating off the water tower downtown (approximately en days per year), there will be no water pressure to five or six lots at the top of the ill. The City Engineer, along with the Public Works Director and the developer's engine r, has been working on strategies for resolving this problem. The four major opt ons studied were: 1. Development of individual ells on site at the upper levels of the development. 2. Use of a temporary booster ump during the time period when the main water tower is down. Indivi ual home booster pumps during normal operation. 3. Development of a program r maintaining water pressure throughout the system through the use ofth City's pumps while the main tank is down. Individual home booster pu ps during normal operation. 4. Development of a permanen booster pump that would serve Monte Club hill area. The first alternative, which is development f wells on site, was not considered to be practical or economical. About 21 lots wo Id be affected using wells. The developer felt that the value of the homes and saleability f the lots would be impacted by requiring wells vs city water. Reduced fire protectio capability is also a problem. The second alternative, which is to install a temporary booster pump during the time period when the system is down, also requies that individual booster pumps be installed at the upper levels of the development to ho es with minimal pressure even during times 23 Council Agenda - 8/10/98 . when the system is operating at its normal eve!. According to Matt Theisen and John Simola, the regular operating pressure at t . upper levels under this proposal does not meet state health requirements, which requ re a minimum pressure of 30 lbs or so. Unfortunately, the designers of the City's ater tower did not take the hill elevation into account when the existing water tower was constructed. Alternative #3 called for running the pump while the main tower is down to maintain pressure. This proposal requires modificat ons to the system controls and does not solve the problem of minimal pressure during re ular operation. . Alternative #4 proposes construction of a werful booster station that would provide boosted water pressure to the Wildwood Ri ge development and to a relatively large area adjoining the Wildwood Ridge area. This s ation would solve problems relating to water pressure and water volume for the vicinity.' However, with this option comes a fairly high price tag of anywhere between $150,01 0 to $175,000 plus land. It is expected that this station would be designed to boost pre i sure in the high altitude areas where there is insufficient pressure and where minimums e met but where additional pressure will enhance system pressure. At the present ti e, the City Engineer is examining the areas that could benefit from this booster pump. I t a minimum, it appears that 90 acres must be served by the booster pump. It is likely hat a larger area can be benefited by improved pressure. Based on 90 acres bei served, the approximate cost per lot, if divided equally among the 90 acres, is abo It $850 to $1,000. A portion of the land to be served by this booster pump does not fall ithin the area where of sanitary sewer service capacity is now available. This means that he City may have some limits on ability to obtain revenue from the new lots in the ne , future. In summary, although this option does a great job of solving the problem, it . ay result in a somewhat stranded investment. The City Engineer is currently looking at t . e service area that could benefit from this booster pump. There is some chance that ,eas within the 120 acres that are generally slotted to come into the city in the next fe~ years can be benefited by this booster pump and thus generate revenue. We hope to ha ,e a service area defined and a breakdown on developer vs. City investments needed to fi' ance this portion of the project by meeting time. i Once a service area is defined, a special bo . ster station trunk fee can be established. In addition, it is possible to establish a surch ,ge on utility bills for residents in this area to fund operation expenses ofthe booster pip. i I I B. AL TERNA TIVE ACTIONS: 1. Motion to approve final plat, develo ment agreement, and resolution supporting annexation of phase I. Motion to in lude authorization to proceed with plans and specifications for the booster statio . Under this alternative, the Council eeds to approve a cost share program as discussed at the meeting. It also re uires a petition for the improvements by the 24 Council Agenda - 8/1 0/98 . developer and a deposit on the cost to prepare the plans and specifications. Finally, motion to approve the dev lopment agreement is subject to review and approval by the City Attorney. 2. Motion to deny approval of the fin I plat, development agreement, and resolution supporting annexation. c. STAFF RECOMMENDATION: Staff recommends approval of a cost share ith the developer to be established by the City Council. It is hoped that an equitable. angement can be made with the developer regarding funding of the booster station. T is appears to be the last hurdle for this project, which will provide the City with t ,e following: I .. Trunk Fees. $70,000 in tm I I High-End Homes. Homes i, Eastwood Knoll/Briar Oake I storm sewer fees. .. Trunk Fees. $75,000 in se ,er and water main trunk fees. .. a price range equal or greater than the area. . .. .. .. Tree Preservation. Develop ent managed by a development company that has proven experience i developing home sites in forested areas. .. Park Dedication. D. SUPPORTING DATA: Joint resolution; Final plat; Development a reement. . 25 . IN THE MATTER OF TH AMENDMENT TO THE JOINT RESOLUTION FOR ORD RLY ANNEXATION BETWEEN THE TOWN OF MON1 ICELLO AND THE CITY OF MONTICE LO, MINNESOTA PURSUANT TO MINNESOTA TATUTES 414.0325, SUBD.1 TO: Minnesota Municipal Board 165 Metro Square Building S1. Paul, MN 55101 The Town of Monticello and the City of Monticello he eby jointly agree that the joint resolution between the Town of Monticello and the City of Monticello designat ng an area for orderly annexation dated March 6, 1998, be amended to include the following: i I i Phase I - Wildwood Rid Ie I I i Both the Town and the City agree that no alteration of he stated boundaries ofthis agreement is appropriate. Furthermore, both parties agree that no consideration by I he Board is necessary. Upon receipt of this resolution, the Municipal Board may review and comment but shal~ within 30 days, order the annexation ofthe following- described property in accordance with the terms of the i oint resolution. . Approved by the City of Monticello this _ day of ,19_ City Administrator Mayor Approved by the Town of Monticello this _ day of ,19_. . Town Chair Town Clerk 7-1 . . First Phase Wildwood Ridge (Outlot E is 2nd Phase) 589'Ol1' 42'[ f..1 427.'" 5 \ II , , 2 3 4 6 5 :' , ~ i ~ 0<\ 5 i tNi.,NOt. I ""-tIIo5.n... ," ." ",y".t4J.tOr " of ,,~ ''"' t' ~ ,. S8ll"2J'54"E CIlIA 1 3 MH 4 2 13 14 SlIlH 12 MH 15 1299,89 'r ~ ~t:~,:;:r ,M!. , , , 1 I I . 7-~ . . . DEVELOPER'S 'GREEMENT ! WILDWOO RIDGE THIS AGREEMENT, made and entered in 0 this 11th day of May, 1998, by and between the CITY OF MONTICELLO, a municipal corpor tion organized under the laws ofthe state of Minnesota (the "City"), and Darrel A. Farr Develo ment Corp., a Minnesota corporation (the "Developer"). WHEREAS, Developer has requested that ity grant final approval to a plat to be known as (the "Subdivision" , said land legally described as set forth in Exhibit A attached hereto and made a part hereof "Property") which Subdivision shall consist of 46 single family lots and five outlots; and WHEREAS, Developer intends to constru t, install, provide for, and maintain streets, storm sewer, water main, signs, grading, and drai . ge activities in accordance with the plans and specifications as hereinafter described, all at the s Ie cost and expense of Developer; and WHEREAS, the City has by resolution ad pted on the , granted final approval to the Subdivision provided that the Dev loper enter into the within Agreement and that Developer faithfully perform the terms and condit ons contained herein. NOW, THEREFORE, in consideration of he premises and the mutual promises and conditions hereinafter contained, it is hereby agre d as follows: 1. Plat Approval. The City agrees to approv the Subdivision as requested by Developer on the terms and conditions as hereafter set ti rth. The Developer agrees that the Subdivision shall be developed in accordance with the exhibits attached hereto which are hereby incorporated by reference as if fully set fo h herein. The exhibits are: Exhibit B -- Final Plat Prior to the date of filing the plat and prot ctive covenants, Developer must pay to City any and all outstanding expenses incurred by City for plat and other development purposes including, but not limited to, en ineering, legal, and other professional staff fees. The final plat and protective covenants m st be approved and executed in accordance with City and County ordinances and file in the office of the Wright County Recorder at Developer's expense no later than Failure to file the final plat and protectiv covenants by this date shall render this Agreement null and void in its entirety. 1;~ Page 1 . . . 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 C. I Ity: ' 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. 3. 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 Workshi et or an Environmental Impact Statement, but shall prepare the same if required to do so by City or other governmental entity pursuant to law and shall reimburse !City for all expenses incurred by City in connection with the preparation oft e review, including stafftime and attorneys fees. I I I Developer Improvements. The Developer grees 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 t e following exhibits: ! Exhibit C -- Building and Site De' ign Plan Exhibit D -- Construction Plan Developer agrees the Developer Improvem nts shall be performed in accordance with the plans, specifications, and preliminary engi eering reports approved or to be approved by the City Engineer and the City prior to co mencement of construction and thereafter, in accordance with all City rules, regulations, !ordinances, and the requirements ofthis Agreement, which shall include, but not be! limited to, the following: 1. Street grading, graveling, surfacing and stabilizing which shall include curbs, gutter and driveway approaches. 2. Storm sewers, including all necess catch basins, and appurtenances. 4. Sanitary sewer, including all app 3. Water main, including all appurten 5. Setting oflot and block monument. 6. Surveying and staking. 7. Site grading, berming, and landsca ing consistent with landscape and the City Erosion Control Policy Residential Lots regulation. 1'~ Page 2 . . . Establishment of post office cluster ox stands with groups of four or more in the single family residential area, provi ed that each group shall be no closer than 200 feet from any other group. Post offi. e cluster box stands in the twinhome area shall be in groups of eight or more. 8. 9. The City shall install street name si ns, stop signs, and other traffic control signs at all locations deemed necessary by City, at Developer's cost and expense. 10. Pathway grading and paving as desc ibed on approved plans identified in section 21 of this agreement. 11. Boulevard tree plantings. Permits. Upon execution of this Agreemen , Developer and other necessary parties shall promptly apply for all permits, approvals, l~ enses, or other documents from any and all necessary governmental agencies (which my 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. i I I Developer acknowledges and agrees that a er unit trunk water main, sanitary sewer fee, and storm sever fee shall be incorporated i~ 0 an assessment roll for the subdivision. The total amount for trunk water is $25,000; fol' sanitary sewer is $50,000; for storm sewer is $ ; for booster station is $ ; making a total of $ which Developer agrees is fair and reasona Ie. No grading or building permit shall be issued by City unless the plans or applicati ' n are in conformity with the City comprehensive plan, this Agreement, and a 1 local, state and federal regulations. The City shall, within fifteen (15) days of recei I t of plans or building per applications, review such submittal to determine whether the foegoing requirements have been met. 4. If the City discerns said plans or applicatio s are deficient, it shall notify the Developer in writing stating the deficiencies and the step 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 and water systems, installation of sod in the front yard, and roadway development suffi iently completed to support access by emergency vehicles, snowplows, and garb 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 for marketing and related purposes. Notwithstanding this provision, if the Dev loper is in default of this Agreement, as hereinafter defined, in addition to any othe remedy provided by this Agreement, City may refuse to issue a certificate of occupa cy for any lot or parcel in the Subdivision until 7"~ Page 3 I ...__ 5. . Developer cures the default as provided her in. Pre-Construction Activities. The Develope or his engineer shall schedule a pre- construction meeting with City to review a roposed schedule for construction of the Developer Improvements. 6. Com ncement fConstru i n of Develo er 1m rovements. Upon obtaining all necessary governmental approvals, licenses and permits, subject to Unavoidable Delays, Developer shall commence construction of he Developer Improvements within ten (10) days. 7. ithful Perti rmance f Constru tion of nts. Developer shall install, construct, and maintain the Subdivision Ite s and Developer Improvements in accordance with the terms of this Agreeme 1. Developer guarantees and warrants the workmanship and materials respecting suc I Subdivision Items and Developer Improvements for a period of one year foll 'wing City's acceptance ofthe same ("Guarantee Period"). . . The Developer shall repair or replace, as di ected by the City and at the Developer's sole cost and expense, any work and/or material that become defective, in the sole but reasonable opinion ofthe City or its Engin er, provided that City or its Engineer give notice of such defect to Developer within tree months following the end of the Guarantee Period. The Developer, or Developer's contractors, shall post maintenance bonds or other security acceptable to City t' secure these warranties. 8. Inspection of Improvements. Developer a horizes the City Inspector and City Engineer to inspect construction of the Developer I rovements as required by City and grants to them a license to enter the Subdivision to p rform 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. Inspection by the City are to be logged and reported weekly to Developer. i Construction and installation plans shall be provided to City and shall be reviewed by and subject to approval ofthe City to insure th t the construction work meets with approved City standards as a condition of City accep ance. Developer shall cause its contractor to fu sh City with a schedule of proposed operations at least five (5) days prior to the commencement ofthe construction of each type of Subdivision Item and Developer I provement. The City shall inspect all such work items during and after construction ti r compliance with approved specifications and ordinance requirements until final certifica ion of acceptance is approved by City and expiration of any applicable warranty peri d. 9. Acceptance of Improvement. Upon notific tion by Developer that any of the Developer Improvements have been completed, withi ten (10) days City Engineer shall inspect the Developer Improvement and, at his sole di cretion, determine if the Development Improvement(s) has been completed in ace rdance with the plans, specifications, and exhibits attached hereto. 7-~ Page 4 . Ifthe City Engineer determines that the De. eloper Improvements have been completed in accordance with said requirements, the City Engineer shall give the Developer written notice ofthe City's acceptance of the Devel per Improvements within seven (7) days effective as of the date of the inspection. If the City Engineer determines that the De eloper Improvement(s) is not completed in accordance with said requirements, the City Engineer shall notify Developer in writing of the deficiency and provide a reasonable dat upon which to cure the deficiency. Failure by the Developer to cure within the stated ti e period shall constitute an Event of Default. 10. Completion of Developer Improvements. eveloper agrees to complete the Subdivision Items and Developer Improvements on or b fore . The Completion Date as provided herein is subject to Unavoidable elays as hereinafter defined, in which event I the completion date may be extended by th . period of such Unavoidable Delays. . 11. 12. 13. . For the purpose of this section, Unavoidabl Delays means delays which are caused by strikes, fire, war, road weight restrictions, I aterial shortages, weather that renders construction progress impossible, causes be ond 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 ntemplated by this Agreement. ! In the event Developer believes an extensio 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. Ownership ofImprovements. 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 proerty 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 acceptable to the City Engineer, without charge to City, which documents shall beco e the property of City. Clean Up. The Developer shall properly cl ar any soil, earth, or debris on City-owned property or public right-of-way resulting fr m construction work by the Developer, its agents, or assigns. Maintenance of Roads Before Acceptance. Developer shall, at its expense, prepare any streets located in the Subdivision for sno lowing and other maintenance that Developer wishes City to undertake prior to formal ac eptance by City of such streets. This preparation shall include, without limitatio , ramping any manholes as necessary to avoid damage to snowplows or other vehicles use in street maintenance. Should damage occur to City snowplows or other vehicles during the course of snowplowing or other maintenance procedures prior to formal acc ptance of the street by City, which damage is caused by Developer's failure to properly p epare or maintain the same, Developer shall pay all such damages and shall indemnify d hold City harmless for all such damage, ,,,7 Page 5 14. . . . cost, or expense incurred by City with regali thereto. Erosion and Drainage Control. The Develo er shall provide and comply with erosion and drainage control provisions in the landscap plan and City policy requirements as described in paragraph 3(8) and as otherwis required by City. As development progresses, the City may impose additional rosion and drainage control requirements if, in the sole but reasonable opinion of the Ci Engineer, they would be useful and appropriate in controlling drainage and eros' on. Developer shall promptly comply with such erosion and drainage control plans an with such additional instructions it receives from City. 15. Hold Harmless Agreement. Developer ac i 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 I grees 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. ! I , 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 discr tion of City, the notice and cure provisions of paragraph 21 shall not apply and City is au 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 an indemnify City from claims of all third parties for damages arising out of said corr ctive action by City, and agrees to reimburse City for all out-of-pocket expenses incurre by City arising out of the corrective action including, but not limited to, any costs nee ssary to re-landscape disrupted soils located within the Subdivision. 16. Insurance. I i A. The Developer will provide and mantain or cause to be maintained at all times during the process of constructing t' e Developer Improvements until six (6) months after acceptance of all Deve oper Improvements and, from time to time at the request of the City, furnish with proof of payment of premiums on: Comprehensive generalliab 'lity insurance (including operations, contingent liability, operatio s of subcontractors, completed operations and contractual liability ins ance) together with an Owner's Contractor's Policy with limits against b dily injury, including death, and property damage (to include, but not e limited to damages caused by erosion or flooding) which may arise 0 t ofthe Developer's work or the work of any of its subcontractors. (i) Limits for bodily injury or d ath shall not be less than $500,000.00 for one person and $1,000,000.00 Ii r each occurrence; limits for property damage shall not be less than $200,0 0.00 for each occurrence. The City, City Engineer, and Developer's E gineer shall be an additional named insured on said policy. Developer s all file a copy of the insurance coverage with the City upon request. 7,t Page 6 17. . . . (ii) Worker's compensation insu ance, with statutory coverage. Security for Cost of Improvements. For th purpose of financing the construction, installation, and maintenance of the Develo er Improvements, and to pay all associated costs and expenses of City as described in aragraph 18, Developer shall, upon execution ofthis Agreement, execute and deliver to ("Lender") a Note and Mortgage encumbering the prope y in an amount not less than $ (includes amount 20% above construction ost plus trees). The proceeds of this loan shall be escrowed by Lender and disbursed nly in accordance with the terms and conditions of a certain Disbursement Agree ent attached hereto 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. I I I The Developer shall pay all costs in urred by it or City in connection with the development of the Subdivision, in 'luding but not limited to construction of Developer Improvements, legal, pI ning, engineering, and inspection expenses incurred in connection with approvl and acceptance of the Subdivision plat, the preparation of this Agreement, and I 11 reasonable costs and expenses incurred by the City in monitoring and inspecti g development of the Subdivision. ! Responsibility for Costs. A. B. The Developer shall pay in full all ills submitted by the City within thirty (30) days after receipt. Ifthe bills are n 't paid on time, the City may halt all plat development work until the bills ar I paid in full. I I The Developer shall hold the City · d its officers and employees harmless from claims made by itself and third part'es for damages sustained or costs incurred resulting from Subdivision plat app oval and development. The Developer shall indemnify the City and its officers d employees for all costs, damages, or expenses which the City may pay 0 incur in consequence of such claims, including reasonable attorneys fees, provided that nothing herein shall require Developer to indemnify the City, it officers or employees from any violation of law or from the consequences of th ir own negligence. c. D. The Developer shall reimburse the ity for its costs incurred in the enforcement of this Agreement, including engin ering and reasonable attorneys fees. 19. Required Tree Planting For lots without trees, Developer shall be r sponsible for installation of boulevard tree plantings as required by the city ordinance. Required subdivision trees must have a trunk diameter of at least two inches (2") at one ot (1 ') above ground. Required trees must be protected and supported by approved tree g ards. Not less than two (2) or more than three (3) species of trees shall be planted i any block, and neither less than twenty percent (20%) nor more than fifty percent ( 0%) of the total trees planted in a block may be of the same species. 1'" Page 7 . . . 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 cons st of cash in lieu of bond in the amount of $22,350. 21. Trails and Pathways. A. The City shall be responsible for fu ding completion of trail connections through Outlot C. The 8' bituminous trail sh II be constructed by the developer with the first phase ofthe development. The1trail shall be constructed in a manner acceptable to the City Engineer. ' B. The natural trail through funded by the City at some point in he future. shall be constructed and C. The 8' bituminous trail connecting to County Road 118 shall be constructed and funded by t e developer with Phase II of the development. This trail will be exte' ded through Outlot _ to County Road 118. This trail may not be required fwalkway is not extended along future reconstructed County Road 118. 22. Miscellaneous. A. This Agreement shall be binding up n 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 notbe deemed to be third-party beneficiaries of this Agreement. C. If any portion, section, subsection, s ntence, clause, paragraph, or phrase of this Agreement is for any reason held in alid, such decision shall not affect the validity of the remaining portion of is Agreement. So long as the City uses its best effo s to review plans and inspect improvements, the Developer shall have no cause 0 action for damages attributable to delays in the construction and completion of aid Items. D. 1.../0 Page 8 . 23. . . E. No one may occupy a building for w ich a building permit is issued on either a temporary or permanent basis until s itary sewer and water lines have been installed, hooked up, tested, and app oved by the City. ! F. The action or inaction of the City as 0 the exercise of any of its rights or remedies upon an event of default shall not co stitute a waiver or amendment to the provisions ofthis Agreement as to fi ture events of default. To be binding, amendments or waivers shall be in iting, signed by the parties, and approved by written resolution ofthe City Counc 1. The City's failure to promptly take legal action to enforce this Agreement shll not be a waiver or release as to any event of default. G. This Agreement shall run with the I d 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 d y will execute and deliver to Developer a release of this Agreement in record ! Ie form. ! H. Both parties to this Agreement aCkn wledge that they have been represented by counsel, or are aware of their right t counsel, and have entered into this Agreement freely and voluntarily. I ! Prohi ition A . nst Assi ment f A ree nt. Developer represents and agrees that (except for associating with other individu 'Is or entities), prior to the completion ofthe Developer Improvements as certified by th City: ! A. Except only by way of security for, ,and 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 be made or created, any total or partial sale, assignment, conveyance, or transfe in any other mode or form of with respect to this Agreement or any interest ther in, 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 a reement by the City to the contrary, no such transfer or approval by City shall b deemed to relieve Developer from any of its obligations. In the event that City pproves a substitute developer and the Property is transferred to said subs itute, the City agrees to relieve the Developer of liability from performance as de cribed in this contract. Said substitute shall assume all responsibilities and rig s of the Developer under this contract. 24. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "events of defaul " shall mean, whenever it is used in this Agreement (unless the context otherwise rovides), anyone or more of the following events: A. Failure by the Developer to observ and substantially perform any covenant, condition, obligation or agreement on its part to be observed or performed under 7-' II Page 9 the terms of this Agreement, or the isbursement Agreement by and between City, the Developer and Lender. . B. Ifthe Developer shall admit in writi g its inability to pay its debts generally as they become due, or shall file a petit on in bankruptcy, or shall make an assignment for the benefit of its cre itors, or shall consent to the appointment of a receiver of itself or of the whole or y substantial part of the property. F. If the 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.1 The Developer shall, after commenJ 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 . efault, violation, abandonment, or suspension shall not be cured, ended, or remedi d within the time provided for in this I Agreement. ! C. If the Developer shall file a petition nder the federal bankruptcy laws. D. If the Developer is in default under t e Mortgage and has not entered into a work- out agreement with the Lender. E. . 25. Notice/Remedies on Default. Whenever y 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, 3025 Harbor Lane, #307, Ai tn: Lucinda Gardner. If the Developer fails to cure the Event of Default within fifteen ( 5) days of the date of mailed notice, in addition to any other remedy provided in th s Agreement, and without waiver of any such right, City may avail itself of any or all of t e following remedies for so long as the Developer is in default: A. Halt all plat development work and onstruction of Developer Improvements until such time as the Event of Default is ured. B. Refuse to issue building permits or ccupancy permits as to any parcel until such time as the Event of Default is cure 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 Default' s the failure of Developer to complete, construct, install or correct the Dev loper Improvements in accordance with the plans and specifications and this Ag eement, City may perform the construction or work and apply to Lender pursu t to the Disbursement Agreement to reimburse City for its expenses. Th s provision shall be a license granted by the .' 7" Id-.. Page 10 . . . Developer to the City to act, but sha 1 not require the City to take any such action. Developer consents to such action b 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. If any portion, section, subsection, s ntence, clause, paragraph, or phase of this Agreement is for any reason held in, alid, such decision shall not affect the validity of the remaining portion of . his Agreement. C. The action or inaction of the City sh 11 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, an approved by written resolution of the City Council. The City's failure to prom. tly take legal action to enforce this Agreement shall not be a waiver or elease. D. Future residents of this Subdivision' hall not be deemed to be third party beneficiaries of this Agreement. E. This Agreement shall run with the I nd and shall be binding upon the Developer, its successors and assigns. The Dev loper shall, at its expense record this Agreement in the Office ofthe Wrig t County Recorder. After the Developer has completed the work required under t is Agreement, at the Developer's request the City will execute and deliver to Dev loper a release in recordable form. F. All parties to this Agreement ackno ledge they have been represented by counsel and have entered into this Agreeme t freely and voluntarily. 27. Notices. Required notices to the Developer shall be in writing and shall be either hand delivered to the Developer, or mailed to the Developer by United States mail, postage prepaid to the following address: Attention: Notices to City shall be in writing and eithe hand delivered to the City Administrator or mailed to City by United States mail, posta e 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 CITY OF MONTICELLO 1..../3 Page 11 . . . By: William Fair Its: Mayor STATE OF MINNESOTA) )ss. COUNTY OF WRIGHT ) By: Rick Wolfsteller Its: City Administrator The foregoing instrument was acknowledg d before me this day of , 1998, by William Fair and Ric Wolfsteller, the Mayor and City Administrator of the City of Monticello, a Minnes ta municipal corporation, on behalf of the corporation. (company n : e) By: Its: STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) Notary Public The foregoing instrument was acknowled ed before me this day of , 1998, by its of Darrel A. FaIT Deveopment Corp., a Minnesota corporation on b half of the corporation. This Instrument Drafted By: Olson, Usset, Agan & Weingarden 6600 France Avenue South Suite 590 Edina, MN 55435 Notary Public 7"/~ Page 12 - I _ EXHIBIT A Legal Desc iption . . . 1,,1 (9013 EXHIBIT B . Plat See attache plat . . 1 "~age 14 . . . EXHIBITS AND D Exhibit C Building and Site Plan Exhibit D Construction Plan Exhibits C and D are available and on file at the of, ce of the Monticello City Engineer, WSB & Associates, Inc., 350 Westwood Lake Office, 8441 ayzata Boulevard, Minneapolis, MN 55426. 1,,/7 Page 15 EXHIBI E Disbursement . . . 7,,/~ Page 16 . . . Council Agenda - 8/1 0/98 8. A. REFERENCE AND BACKGRO As you know, the City has issued to variou establishments all of the liquor licenses available based on our population. Current y, statutory cities with populations between 5,000 and 10,000 are allowed six on-sale Ii uor licenses. Once we exceed 10,000 population, we will be allowed to issue andditional six licenses; but in the meantime, the only other method for increasing our lic nses would be by a referendum. As part of our downtown and riverfront rey talization plan, entertainment activities are being encouraged, which would likely incl 'de such facilities as motel or hotel facilities with meeting spaces or restaurants. The ty · e of restaurants and other facilities that may be interested in being part of our revitalizat on area along the river or in other areas of the community will likely want to be able to se e wine and liquor in conjunction with food. Unless we're willing to wait for a number 0 years for our population to exceed 10,000, the only other alternative is to promote the assage of a referendum. According to State Statutes, the City Counc I may direct that either of the following questions be placed on the ballot at an elect on: 1. Shall the City Council be all wed to issue on-sale licenses for the sale of intoxicating liquor at retail i excess of the number permitted by law? YES NO 2. Shall the City Council be all wed to issue (a number to be determined by C(P 1 the governing body) on-sale icenses for the sale of intoxicating liquor at retail in excess of the numbe now permitted by law? YES NO The above two questions are the wordings t at need to be included on a ballot ifthe Council chooses to again ask the voters for pproval. The first question would simply allow the City Council to determine the n ber of liquor licenses it wants to issue, and the second question specifies an exact num er that the Council would have to pick prior to the election. The Wright County Auditor's office will be in preparing the ballots for the fall election right after the Primary on September 15 and would need to know whether we are going to have a special question on the ballot by Sep ember 18 at the latest. Actually, they would prefer to have the question ahead of time so that they can prepare to get the ballots printed in a timely fashion, but the 18th of eptember is the deadline. If the Council is 26 . Council Agenda - 8/1 0/98 supportive of the MCP's request that this b placed on the ballot, a simple motion to do so would be sufficient, and the County Aud tor will be instructed to prepare the question under whichever alternative you select. B. ALTERNATIVE ACTIONS: 1. Adopt a motion directing that the Ii or referendum question be placed on the ballot allowing for the Council to de. ermine the number of on-sale licenses to be issued. 2. Adopt a motion to place the questio on the ballot but specify an exact number that the City would issue. 3. Do not support placing the question, n the ballot. C. STAFF RECOMMENDATION: The staff is in agreement with the proposal utlined by the Monticello Community Partners and agree that it's important that th City be allowed some flexibility in issuing additional on-sale liquor licenses before we each the population of 10,000. Since there are standards that have to be met by the Cit before an establishment can even receive a liquor license, such as being a restaurant, ho el/motel, or bowling alley, etc., it would appear that the City Council should have th ability to determine how many licenses the City should issue. The referendum question could simply be placed on the ballot asking for approval to issue an unstated number of icenses. If the Council feels that establishing a specific number is more appropriate, the s cond alternative would be your choice. Either way, it is the staffs recommendation, along with the MCP, that some form of a question be placed as part of the General El ction process this fall. . D. SUPPORTING DATA: Copy ofletter from Mep. . 27 . . . onticello Comm nity Partners p.o. Box 984 · Monticello, MN 55362 612-295-0999 August 5, 1998 Dear Mayor Fair and City Council Members: The Monticello Community Partners Board of Direc ors has endorsed the expansion of liquor licenses within the City of Monticello and recomme ds that the City Council place this on the ballot for the November general elections. ! , As we proceed with the implementation of the Dow' town and Riverfront Revitalization Plan, it is apparent that we need to find ways to create more usiness activity. Restaurants and hotels have a great deal of potential for drawing people in 0 Monticello and the downtown area. As you know, there has been some interest on the pa of developers to work on hotel and restaurant projects. It is crucial that we have liquor: licenses available for these projects if they are to proceed. The proposed projects are not for ars, but for highly regarded, destination type restaurants offering quality food along with win and other beverages. There are currently no liquor licenses available and none will become available until Monticello reaches a population of 10,001. That requires an i crease of nearly 50 percent, which will take quite some time for Monticello to reach. In the abs nce of additional licenses, we will not be able to attract any new restaurants or hotels. MCP supports placing a liquor license referendum n the ballot and we will do our best to help get it passed. The need for this is addressed in th Revitalization Plan: Strategy number 10 (on page 4:33) specifically calls for encouraging mo e entertainment activities in the downtown area, including changing ordinances where necess ry. This is part of an overall strategy to create higher levels of activity and strengthen the d wntown economy. We ask that you initiate the necessary steps to put referendum question on the ballot for a vote by city residents in November. Sincerely, 11iJ)j~ Rod Dragsten MCP Board Member cc: Dick Frie, Planning Commission Chair Barb Esse, MCP Chair Rita Ulrich, MCP Director g..,/ . . . 9. Consideration of di This item was withdrawn late Friday morni g. 28 Council Agenda - 8/1 0/98 x ansion conee t . (F.P.) . . . 10. Council Agenda - 8/1 0/98 Consideration of an (R.W.) A. REFERENCE AND BACKGR Recently Mayor Fair asked me to investiga e the process that would be required if the City wanted to establish the Mayor's term s four years, equal to Council terms. As it turns out, the process is quite simple and si ply requires the City Council to adopt an ordinance indicating that the Mayor's term shall be four years instead of the normally- established two-year term. , If an ordinance is adopted creating a four-y' ar term for Mayor, it cannot be effective until the next General Election, and it does not el tend the existing current term. If the City wanted the term to be effective January 1, ] 999 (our next term), the ordinance would have to be adopted four weeks prior to the losing date for the filing of candidacy for the Mayor's term, Monday night's meeting w uld meet this requirement, as the closing date for candidates for next year's election is T . sday, September 8. I point this out only to note that ifthe Council was interested in es ablishing a four-year term and you wanted it to begin with the next term, you could do s with action Monday night. The Mayor's request for information on establishing a fo r-year term was to have it apply with the election in the year 2000 rather than the up oming election term. B. ALTERNATIVE ACTIONS: 1. Adopt an ordinance creating a four- ear term instead of a two-year term for 3 C"'" I Mayor, 2. Do not adopt the ordinance. C. STAFF RECOMMENDATION: The staff does not have a recommendation n this ordinance, as it is a policy decision the whole Council should discuss. D. SUPPORTING DATA: Proposed ordinance amendment. 29 . . . ORDINANCE AMEN MENT NO. THE CITY COUNCIL OF MONTICELLO HER BY ORDAINS THAT ORDINANCE SECTION 1-5-13 RELATING TO THE MAYOR TERM BE ADDED AS FOLLOWS: 1-5-13: Mayoral Term. Pursuant to M nnesota Statutes 412.022, the term of an elected mayor shall be four (4) years, effective January 1,2000. Adopted by the City Council this 10th day of August 1998. ATTEST: City Administrator ayor /0,.1 11. ---.. Council Agenda - 8/10/98 A. With the Mayor and two Council member osition being up for election this November, State Statutes require that any increase in C' uncil and Mayor compensation must be done by an ordinance amendment or resolution p ior to any municipal election to take effect the following January. With the last increa e being four years ago, and the date for filing of candidacy for office drawing near, I put his item on the agenda for the COllllcil to consider if you're interested in adjusting th' compensation of these offices. To provide a little history, the following SUi marizes the year of an increase and the respective dollar amounts for each position YEAR COUNCIL MA YOR 1978 $100/mo. $125/mo. 1982 $125 $175 1988 $175 $225 1990 $250 $195 1994 $450 \., .." -------'----.".- 350 '- There are a number of ways the Council co' ld increase the compensation in addition to a flat monthly amount, and those include ad ing an additional amount for each special meeting or some other method it chooses. ith the Council members all being involved as liaisons with various commissions and c mmittees, possibly one other suggestion could be to compensate the Council memb' rs for attending those additional meetings also. As additional background, enclosed is a s mary of surrounding communities' annual compensation for Mayor and Council me ers as of 1997. As you can see, there is a wide variety of compensation levels, and it really comes down to each city knowing how involved the Mayor and Council are in the~ own community and what an appropriate pay level for these elected positions should be. ! While I do not have a specific recommendation for the Council, an adjust' ent to the compensation level would certainly seem appropriate based on the ount of activity and involvement required of the Mayor and Council in our growing co unity when considering the time commitment that's necessary to do a good! ob. B. ALTERNATIVE ACTIONS: 1. Adopt a motion to amend the ordin nce and order publication of the amended compensation level. 2. Take no action, thus leaving the co pensation as is. 3 . c. STAFF RECOMMENDATION: None. D. SUPPORTING DATA: Council Agenda - 8110/98 Copy of proposed ordinance amendment; S mmary of salary surveys of surrounding communities over 2500 in population. . . 31 . . . ORDINANCE AME DMENT NO. THE CITY COUNCIL OF MONTICELLO HE EBY ORDAINS THAT SECTION 1-5-11 RELATING TO MAYOR AND COUNCIL CO PENSATION BE AMENDED AS FOLLOWS: 1-5-11: Compensation. The monthly alary for offices of Mayor and Council members shall be as follows: Mayor: Council Member: Adopted by the City Council this 10th day of August 1998. ATTEST: City Administrator ayor per month per month 11..,1 SUMMARY OF SURROU DING COMMUNITIES' ANNUAL COMPENSATIO FOR MAYOR/COUNCIL . 1997 S rvey CITY MAYOR COUNCIL Big Lake $3,000 $2,400 Buffalo $3,360 $2,160 Delano $6,000 + $50/spec. rntg. $3,000 + $50/spec. mtg. Elk River $6,900 + $150/rno. for EDA $5,700 + $ 150/rno. for EDA Litchfield $6,000 $3,600 Otsego $4,200 + $25/spec. rntg. $3,600 + $25/spec. rntg. Sauk Rapids $4,200 + $35/spec. rntg. $3,000 + $35/spec. rntg. St. Michael $1,440 + $60 spec. mtg. $1,200 + $50/spec. rntg. . Monticello $5,400 $4,200 . H'?- KARENIOFFICEIRICK\CQUNCIL. PAY: 8/5/98 12. --. Council Agenda - 8/10/98 A. Earlier this year, the City Council asked Ci' y staff for a comprehensive study of fees and charges as related to new development. T study was to ensure that the City of Monticello fees and charges are: . Competitive to those of neighborin cities in the same market area, and . Commensurate to the actual costs i curred by the City in providing municipal services. In cooperation with the City of Hanover, e have surveyed 12 neighboring communities in the same economic development marke , as Monticello. The fees and charges for each city surveyed have been installed in the fir t attached chart (See Exhibit A). We have made a city-to-city comparison f estimated fees and charges likely to be incurred in two development examples. T e first is single family residential (See Exhibit I B) and the second is for a 100,000 square oot industrial office/manufacturing/warehouse building (See Exhibit C). Subtotals have b en provided and ranked on the case studies. A low ranking equates to low fees and a hig ranking equates to high fees. The ranking is based only upon the fees and charges appl cable to the particular case study. Both examples assume that the developm nt would occur on bare land within the city limits. Costs that may be related to annex tion, extension of utilities and roadways, and private "soft costs" such as engineering a d private planning fees are not considered by this study. Subtotals are provided to indi ate how fees and charges are distributed by category of city service provided. After aking comparison between fees and charges, it is important to also make comparison bet een utility rates and charges. Indirectly charged development fees such as utility rate charges, and expendable development escrows and cash bonds are ifficult to compare from city to city but must be considered when comparing developm nt related fees. For example, note that the cities of Buffalo, Big Lake, and Maple GrI ve charge substantially more for water and sewer than Monticello (Buffalo 60% more, BLake 40% more, Maple Grove 25% more). In those communities, utility revenues drawn fro i the entire community appear to be subsidizing the cost of new development. NAC has prepared a more specific study f park dedication fees and has provided the attached report (See exhibit D). 3 Council Agenda - 8/10/98 . At its last two meetings, the Planning Com ission considered the results of the fee study and made a recommendation to change the ark Dedication Fee for new residential development to $750 per lot. The Planning ommission considered other fees and charges; however, the Commission is not re ponsible for making other fee recommendations and made none. If the Council chooses to make changes to fi es or charges, it is highly suggested that those changes be effective in 4 to 6 months ime in order to provide sufficient notice time to the developers and builders. Note that SAC charges have already been sc eduled by City Council for a $500 increase effective January 1 for the next two years. hat will make the SAC charge $2500/unit effective January 1, 1999, and $3000 effecti e January 1,2000. B. ALTERNATIVE ACTIONS: 1. Motion to change fees and charges a follows: a. Adopt the 1994 Uniform Bui ding Code Fee Schedule. b. Increase the Park Dedication ee on residential development to $750 per lot and make Park Dedicatio Fees applicable only to residential development. . c. Increase the Utility Connecti n Permit to $50 for Sewer Connection, $50.00 for Water Connection and $80 for Combination Sewer and Water Connection. 2. Motion to modify fees and charges [i some manner deemed necessary by Council]. 3. Motion to make no changes to fees C. STAFF RECOMMENDATION: Staff recommends alternative # 1. D. SUPPORTING DATA: . Exhibit A - Exhibit B - Exhibit C - Exhibit D - Survey of Fees for 12 Comm Residential Fee Estimate Ex Industrial Fee Estimate Exam Ie. NAC Report -- Subdivision rdinance Amendment (Park Dedication Fees.) 33 N NORTHWEST SSOCIATED CONSULTANTS COMMUNITYFLANNINQ. DESIQN - MARKET RE:SE:ARCH . MEMORANDUM TO: Michael Sobota Steve Michaud ~t Elizabeth Stockman I Alan Brixius FROM: DATE: 19 August 1997 RE: Lakeville - Park and Trail Dedicatio Requirements FILE: 336.00 - 97.11 Since the decision of the U.S. Supreme Court 0 the Dolan V$. Tlgard case, many cities have chosen to have a detailed evaluation done of their .sting park and trail dedication requirements. Speciflcally, it is critical to determine whether the a aunts of cash and/or land required from the developer are proportional to the development' impact on the recreational system. At the direction of Mike Sobota, we have prepared anxplanation and summary of the methodology which has been used by our office in evaluating park and trail dedication requirements. . 1. Quantify the Improvement Costs of the ity's Ultimate Park and Trail System In order to determine what a city's proportional pa trail dedication fee should be per residential.. unit, the total value of existing improvements and otal estimated cost of planned improvements must be calculated. At least part of this data ca be taken from the city's Park and Trail Plan which shows the locatIons and approximate sizes f existing and planned parks and trails. The service areas of parks must also be available to det rmine whether a portion of eXisting parkS will service areas not yet developed. An itemization f recreational elements desired in each new park, trail widths and materials, as well as plan, ad improvements to existing parks must be deterr:nined to the extent possible. Example line i ems might read as follows: City Park Acquisition of land, 6 acres at $20,OOO/ac Two baseball fields, Includes rough and fi e grading, crushed red rock. backstop, lighting, 3 row fiberglass bleacl"\ IS and 15 foot benches Upgrade existing pc.i"o<ing lot and expand, eludes grading and surfacing, parking for 30 Landscaping, waste receptacles, and sign ge 100,320 linear feet @ $13/1f , 8 feet wide, bituminous paved, includes grading and gravel base $ 120,000 $ 200,000 $ 31.000 Overland Trails $ 18.000 $1,304,160 . EXHIBIT E - NAC REPORT 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK. MINNESOTA 554 J 6 PHONE 6 I 2~595.9636 FAX 612.595-9837 I~-r i For much of the existing facility data, we would rely!on input from the parks department regarding past budget data the sources of funds used to impl ! ment existing recreational elements, whether . it be park dedication monies, bond referendum, 9 ants, donations, tax levies, etc. 2. Evaluate Existing Park and Trail Systems Against Current Community Park and Trail Demands The existing recreational system needs to be looke at in relation to .ideal standards for park and trail development. such as acres of park. per poplation, linear feet of trails per population, etc. This will determine whether the City's current recre . tional system is either over built, under built, or right on target in relation to current demographil conditions. If underdeveloped, the existing population and/or sources of money other than parki dedication should make up the difference so as to maintain the balance between new reside. ts impact on the system and the amount of dedication money required of the developer. If. ver developed, the park dedication may be adjusted to reflect an equitable distribution of cos~ to new development. 3. Identify the Proportion of Park and Trail S stem Improvements Funded by Park and Trail Dedication . In past studies results for various cities have sho that about forty to sixty percent (40-60%) of the total cost of improvements is implemented thro gh park and trail dedication monies and the remaining portions are realized through other mea s such as grants, donations/volunteer work, tax levy's, bond referendums, etc. We must ide tify the level of funding that park and trail dedication fees offer Lakeville and define assumpt ons on their future usa. . 4. Allocating Park and Trail System Cost to Future Residential Growth The Comprehensive Plan provides forecasts for pop lation and household growth. The City must identify future residential gro'Nth by housing type (m Itiple family vs. single family) if it wishes to maintain its sliding scale to assign a land dedi'cati n percentage which rises as the number of units per acre increases. The impacts of multiple fa ily units/developments on the park and trail system will have to be evaluated to document the eff that household sizes, number of children, ages, and other demographic characteristics may h Va upon a city's park and trail system must also be proportional to the required dedication amount. The future improvement costs can be divided by fut e' household counts to provide an average park improvement cost per unit. This can be cor11 ared with existing per unit park values to illustrate an equitable distribution of costs. 5. Commercial and Industrial Park Dedicatio The City also has a commercial and industrial dedi tion requirement, however, the Dolan vs. Tigard case showed that in order to collect park de ication monies from such uses, the burden is on the City to identify What proportion of impa ts on the park system come from these businesses and their employees. This could be don many different ways with varying levels of detail, so long as the City demonstrates that a re sonable effort has been made to make a . 2 EXHIBIT E - NAC REPORT I;J. -, ! .. .. . determination on what percentage of the total i provements can come from commercial and industrial developments. If the City opts to procee . with this type of analysis, once obtained the data can be used with the acreage of undevelope' commercial and industrial parcels and cost of land per acre to estimate the contribution to the overall system. The residential park land dedication requirements II be adjusted to reflect contributions received from commercial and industrial developments. 6. Recommendation for Park Dedication S ndards. Park and trail dedication requirements must be prop rtional to a development impact on the City's reaeational system. Upon completing and analysis of the aforementioned items, the City will be in the position to identify and define the approp . ate park and trail dedication standards for various land uses (I.e., single family residential, m Itipls family, commercial and industrial). pc: Roger Knutson Bob Erickson . . EXHIBIT E - NAC REPORT 3 /~ --I 0 . .. ... . ~ PARK AND TRAIL FEE INVENTOR'V OF WESTERN METRO AREA AND WRIGHT COUNTV COMMUNITIES Northwest Associated 8onsultants, Inc. Julv 29, 1997 . CITY SINGLE FAMILY RESIDENTIAL COMMERCIAL OR INDUSTRIAL TRAIL PARK DEDICATION(a) PARK DJ;DJCAJ'ION OR (per unit) SIDeWALK Land Cash DEDICATION Land Cash AJbertvilla 5% $500 5% 5% of fair None market value Buffalo 10% $800 None Sidewalks , along collector streets Cokato None None None Delano 10% $300 7% S1,OOO/acre None Elk River As required by $600 As required by $2.000/acre Trails as Plan, equal to Plan. equal to required by cash contribution cash contribution Plan, deducted based on fair based on fair from park fon market land value : markat land valuQ chfield None None None Maple Grove 10% $1,060 7.5% Commercial: Trails as $3,600/acre required by Industrial: Plan. deducted . $2.nS/acre from park fees fv1onliCQllo 10% Equal 10 10% 01 10% 10% of fair On major raw land cost market value streets (See (2) below) (See (2)below) otsego 10% $750 10% 10% of fair $125 market value Plymouth 10% $1,400 10% S4,200/acre See (3) below Rockford 10% $500 None Commircial: When required $250/acre within right-or. way' (sidewalk) Rogers 10% $560 (plan on 10% Comrn srcial: None, but raising to $2,OOO/acre currently $650 to 675) Industrlak pursuing $1,400iacre 51. Michael 8% $300 None. but City is considering None instead None None None I (a) Combination ollandlc<lsh also possible wh19re such dltdicalionllll'. requirod EXHIBIT E - NAC REPORT 1:1. -I / Park & Trail Fee Inventory Page Two .JUly 29, 1997 (1) Maple Grove has over 70 miles of p ed trails and many are located along the side or rear lot lines of residential parcels. They 'require a 30 to 100 foot corridor within which an 8-10 foot t ail is constructed according to the Plan. The dedicated land is part of t,he re uired 10% land area. In addition to this requirement, 5 foot sidewalks are equired on both sides of the street in all new subdivisions. They have not ha any problems with resident complaints. (2) Monticello requires cash dedicatlo s in an amount equal to 10% of the raw land. Monticello requires trails to e installed by developers as 'shown on their Plan. The Policy requires a. trail on one or both sides of the street (depending upon the situation) alon ' all roads which e~ceed 500-700 vehicle trips per day. Monticello has a, established commercial and industrial dedication amount (10%), but it ha never been used. . (3) Plymouth has over 75 miles of pave trails, with many located in rear and side yard areas of res~:antial tots. A mi imum corridor size of 30 feet is required to be dedicated land, so as not to' ssen the required setback from property lines (an easement would allow th: trail to be located doser to the home). The required trail width is 8 feat. ! hey have had very few complaints, but recommend getting the trails instal ed before homes are built. I i However, in commercial and indul trial areas the opposite method of trail establishment is used: easements a.e required to allow the owner to maximize use of his land. The cash dedica~ on amount is $4,200/acre in commercial and industrial areas. EXHIBIT E - NAC REPORT . 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N <0 ut .... ..... o o ci .., M Q .... ..t ({) BRC FINANCIAL SYSTEM .7/29/98 07:~515 Schedule of Bills CIT OF ~ONTICELLO GLOSOS-V 5.20 COVERPAGE GL540R Report Selectio~: RUN GROUP.., 0729 COMMENT... 7/29 CKS DA T ~"J E- ID DATA COMMENT '..------------- ------------------------ 0-07291998-581 7/29 CKS Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI 01 Y S 6 065 10 . .' 8RC FINANCIAL SYSTEM CITY OF MONTICELLO 07/29/98 07:45:17 Schedule 0 Bi 11 s GL540R-Y05.20 PAGE 1 _ENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INYOICE POll FIP ID LINE BELLBOY CORPORATION BAR TAXABLE MISC 596.81 MISC TAXABLE 609.49750.2540 581 00001 Ll QUOR 462.45 LIQUOR 609.49750.2510 581 00002 1,059.26 *YENDOR TOTAL BERNICK'S PEPSI COLA COM BEER 1,159.20 BEER 609.49750.2520 581 00003 MISC TAXABLE 184.30 MISe TAXABLE 609.49750.2540 581 00004 1,343.50 *YENDOR TOTAL DAHLHEIMER DISTRIBUTING 8EF!< !I , 766 .14 BEER 609.49750.2520 581 00005 NON ALCOHOL! C 269.25 MIse TAXABLE 609.49750.2540 581 00006 12,035.39 *VENDOR TOTAL DAY DISTRIBUTING COMPANY BEER 921.35 BEER 609.49750.2520 581 00007 MISC TAXABLE 92.00 MISC TAXABLE 609.49750.2540 581 00008 1,013.35 *YENDOR TOTAL DEMCON DISPOSAL, INC. AMNESTY DAY-TRUCKING 1,335.99 PROF SRV - REFUSE COl LEC 101.43230.3100 581 00009 IEMEULES FAMILY l.IMITED TIF 1-13 SEMI-ANNUAL 24,275.72 TrF PAYBACK INSTALLME TS 213.46513.6511 58100010 DOTY /KAREN KAREN - TRAVEL EXPENSE 45.36 TRAVEL EXPENSE 101.41301.3310 581 00011 KAREN-CC MEETING MEALS 78.33 TRAVEL EXPENSE 101.41110.3310 581 00012 123.69 *VENDOR TOTAL FLESCH'S PAPER SERVICES, SACKS 172.02 MISC OPERATING SUPPLI S 609.49754.2199 581 00013 GRIGGS, COOPER & COMPANY LIQUOR 8,771.47 LIQUOR 609.49750.2510 581 00014 WINE 2,039.85 WINE 609.49750.2530 581 00015 ~nsc TAXABLE 308.67 MISC TAXABLE 609.49750.2540 581 00016 BEER 20.40 BEER 609.49750.2520 581 00017 FREIGHT 136.50 FREIGHT 609.49750.3330 581 00018 11,276.89 *VENDOR TOTAL GROSSLEIN BEVERAGE INC. BEi;:( 13,269.65 BEER 609.49750.2520 581 00019 TAX MISC 52.05 MISC TAXABLE 609.49750.2540 581 00020 18,321.70 *YENDOR TOTAL ~LLINGS, WAYNE CLEAN LOT & PREP FILL 5,140.00 PROF SRV - CONSTRUCT I N 461.49201.3025 9898 581 00021 ~---,----,-,,- -~,_.,-- --- 8RC FINANCIAL SYSTEM CITY OF MONTICELLO .7/29/98 07:45:17 Schedule 0 Bills GL540R-V05.20 PAGE 2 VENDOR N,~ME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE HERMES/GERALD T LI BRARY CLEANING 227.50 PROF SRV - CUSTODIAL 211.45501.3110 7/1 TO 7/15 581 00022 HOME JUICE TAX MISC 35.10 MISC TAXABLE 609.49750.2540 581 00023 INTERNATIONAL INSTITUTE KAREN-DUES & CONTRIB 100.00 DUES, MEMBERSHIP & S BSC 101.41301.4330 581 00024 JOHNSON BROS WHOLESALE L Ll QUOR 4,405.73 LIQUOR 609.49750.2510 581 00025 WINE 2,316.36 WINE 609.49750.2530 581 00026 ICREIGHT 119.34 FREIGHT 609.49750.3330 581 00027 6,842.43 *VENDOR TOTAL MN CITY MANAGEMENT ASSOC JEFF-RENEWAL 70.00 DUES, MEMBERSHIP & S BSC 101.41301.4330 581 00028 NAWCO C/O JOHN BABCOCK TIF 1-7 SEMI ANNUAL 10,000.00 TIF PAYBACK INSTALLM NTS 213.46507.6511 581 00029 ,ORTHWEST CARPET & UPHOL LIQUOR-CLEAN CARPET 308.85 MISC PROFESSIONAL SE VIC 609.49754.31~9 JUNE 581 00030 PAUST I S & SONS WINE 1 t 171.80 WINE 609.49750.2530 581 00031 PHILLIPS WINE & SPIRITS WINE 1,182.00 WINE 609.49750.2530 581 00032 LI QUOR 2,235.79 LIQUOR 609.49750.2510 581 00033 FREIGHT 52.72 FREIGHT 609.49750.3330 581 00034 3,470.51 *VENDOR TOTAL PINNACLE DISTRIBUTING M[SC TAXABLE 777.80 MISC TAXABLE 609.49750.2540 581 00035 PRESBYTERIAN HOMES HOUSI TIF 1-19 SEMI-ANNUAL 11,929.46 TIF PAYBACK INSTALLM NTS 213.46519.6511 581 00036 PROFESSIONAL SERVICES GR WWrp CONTRACT 35,360.50 PROF SRV- PSG, I NC 602.49480.3080 AUGUST 1998 581 00037 RIVERPLACE PHYSICIANS PARKS - ENGLE,PHYSICAL 100.00 MISC PROFESSIONAL SE VIC 101.45201.3199 581 00038 RON'S GOURMET ICE . ICE 1,097.77 MISC TAXABLE 609.49750.2540 581 00039 ,JT. CLOUD RESTAURANT SUP MISC TAXABLE 97,03 MIse TAXABLE 609.49750.2540 581 00040 MISe. OP 13.80 MISC OPERATING SUPPLI ES 609.49754.2199 581 0004! BRC FINANCIAL SYSTEM 07/29/98 07:45:17 ~ENDOR NAME Of:'iCRIPTION ST" CLOUD RESTAURANT SUP THORPE DISTRIBUTING COMP BEER MISC TAXABLE TOTAL REGISTER SYSTEMS, LIQUOR-REGISTER REPAIR UNIVERSAL LIGHTING CO LIQUOR-GEN OP SUPPLY VIKING COCA COLA LIQUOR-POP & TAXABLE PW-POP CH-POP WATSON COMPANY, INC/THE lIIIl MIse TAXABLE . Schedule of Bills AMOUNT ACCOUNT NAME 110.83 "'VENDOR TOTAL 16,675.80 BEER 629.65 MISC TAXABLE 17,305.45 "'VENDOR TOTAL FUND & ACCOUNT 609.49750.2520 609.49750.2540 176.22 REPAIR & MTC - MACH & EQ 609.49754.4044 161.62 MISC OPERATING SUPP IES 609"49754.2199 515.45 MISC TAXABLE 119.28 MISC OTHER EXPENSE 15.44CR MISC OTHER EXPENSE 720.29 *VENDOR TOTAL 1,089.66 MISC TAXABLE 609.49750.2540 101.43110.4399 101.41940.4399 509.49750.2540 CITY OF MONTICELLO GL540R-V05.20 PAGE 3 CLAIM INVOICE PO# F/P ID LINE 581 00042 581 00043 581 00044 581 00045 581 00045 581 00047 581 00048 581 00049 BRC FINANCIAL SYSTEM 07/29/98 07:45:17 ~ENDOR NAME OEseR I PTI ON REPORT TOTALS: . . AMOUNT 167,153.30 Schedule of B'lls ACCOUNT NAME FUND & ACCOUNT RECORDS PRINTED - 000049 CITY OF MONTICELLO GL540R-V05.20 PAGE 4 CLAIM INVOICE PO# F/P 10 LINE SRC FINANCIAL SYSTEM 07/29/98 0704 5;J 8 . FUND RECAP; ~UND DESCRIPTION ---~------------------------ 101 GENERAL FUND 211 L! BRARY FUND 213 HRA FUND 461 98-03C COMMUNITY CENTER 602 SEWER FUND 509 MUNICIPAL LIQUOR FUND TOTAL All FUNDS BANK RECAP; BANK NAME ---------------------------- GENL GENERAL CHECKING ILIQR LIQUOR CHECKING OTAl ALL BANKS -. -. -- .-.., ._,. - Sched le of Bills ';ITY OF MONTICELLO GL060S-VOS.20 RECAPPAGE GL540R DISBURSEMENTS 1,833.52 227.50 46,205.18 5,140.00 35,360.50 78,386.60 167,153.30 DISBURSEMENTS 88,766.70 78,386.60 67,153.30 DATE ............ THE PRECEDING LIST OF BILLS PAYABLE WAS EVIEWED AND APPROVED FOR PAYMENT, APPROVED BY . -., .- .- -. - - - .. .- ................."... +. .... +..... .,............., +............... ........... -.... +.....+ .0........ q 9RC FINANCIAL SYSTEM 07/28/98 05:51 :53 . Schedule of 8ills CITY OF MONTICELLO GL050S-VO .20 COVERPAGE GL540R Report Selection: RUN GROUP... 0727 COMMENT... 7/27 CKS OA TA-J E- ID DATA COMMENT -~-----._------ ------~---------~------- D-07271998-569 7/27 CKS Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI ,I 01 Y S 6 066 10 I . aRC FINANCIAL SYSTEM CITY OF MONTICELLO 07/28/98 06:51 :54 Schedule 0 Bills GL540R~V05.20 PAGE 1 ,.--- 0, .:NDOR NAME OEseR I PT ION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# FIP ID LINE A T & T WIRELESS SERVICE RICK W 20.35 TELEPHONE 101.41301.3210 CELLULAR 569 00001 ,J EFF 0 30.67 TELEPHONE 101.41910.3210 CELLULAR 569 00002 GARY A 28.48 TELEPHONE 101.42401.3210 CELLULAR 569 00003 ,AN SHELTER 29.57 TELEPHONE 101.42701.3210 CELLULAR 569 00004 lU9.07 *VENDOR TOTAL ADOLFSON & PETERSON, INC WWTP - PAYMENT #16 186,243.70 . PROF SRV ~ CONSTRUCT I ON 436.49201.3025 569 00005 ALL CITY BUILDERS REIMB PERMIT 80% 57.60 BUILDING PERMITS 101.32211 98-4024 569 00006 AUDIO COMMUNICATIONS RICK-PROGRAM & ACTIVATE 25.00 TELEPHONE 101.41301.3210 39775 569 00007 BARNES/KIM TRAVEL EXPENSE 12,88 TRAVEL EXPENSE 101.41990.3310 569 00008 BlTZER/GLADYS CHAMBER ~ SUMMER HELP 333;00 SALARIES, TEMPORARY RE 101.45172.1040 JULY 569 00009 ~AUN INTERTEC CORPORATI ~LEIN FARMS 4TH 230.00 PROF SRV - ENGINEERI G F 458.49201.3030 569 00011 WTP-MATL TESTING 733.00 MISC PROFESSIONAL SE VIC 436.49201.3199 103135,103137 569 00010 963.00 *VENDOR TOTAL CULLIGAN RENTAL HOUSE 1. 06 RENTAL HOUSE EXPENSE 240.49201.4381 569 00012 GLUNZ/RAYMOND J CEMETARY-VECHES, KLATT 680.00 PROF SRV - EXCAVATIO 651.49010.3115 569 00015 GREENMAN TECHNOLOGIES OF AMNESTY DAY-TREE TIPPING 780.00 MISC OTHER EXPENSE 101.43230.4399 31546 569 00013 GRIGGS, COOPER & COMPANY FREIGHT 89.25 FREIGHT 609.49750.3330 569 00016 LIQUOR 9,922.08 LIQUOR 609.49750.2510 569 00017 10,011.33 *VENDOR TOTAL GRUYS BORDEN CARLSON & 1997 CITY AUDIT 12,750.00 PROF SRV - AUDIT 101.41540.3010 569 00014 HAMCO DATA PRODUCTS LIQUOR-PRINTED FORMS 134.86 MISC OFFICE SUPPLIES 609.49754.2099 569 00018 ---<lOLIDAY CREDIT OFFICE ~FIRE-MOTOR FUEL 150.63 MOTOR FUELS 101.42201.2120 JULY 569 00019 -,............... ------- BRC FINANCIAL SYSTEM CITY OF MONTICELLO 07/28/98 06:51 :54 Schedule of Bills GL540R-V05,20 PAGE 2 'NDOR N,~ME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE POll FIP 10 LINE HOLIDAY INN EXPRESS TRAVEL-TRACY-FALL EXPO 122,08 TRAVEL EXPENSE 609,49754,3310 1165327030 569 00020 HOMETOWN EYE CARE, INC JOHN S & JOHN L 226,22 CLOTHING SUPPLIES 101.43120,2111 569 00021 I ANO/ J ,~N TRAVEL EXPENSE 21.00 TRAVEL EXPENSE 101.41990.3310 569 00022 JACOBSON/DIANE TRAVEL EXPENSE 33.04 TRAVEL EXPENSE 101,41990.3310 569 00023 KEN ANDERSON TRUCKING AN SHELTER-HAUL ANIMALS 475,50 MISC PROFESSIONAL SERVI 101.42701,3199 569 00024 KENNEDY & GRAVEN, CHARTE TIF 1-22 SHINGOBEE 67.00 PROF SRV - LEGAL FEES 213,46522.3040 569 00025 COMMUN ITY CENTER 1,411.50 PROF SRV - LEGAL FEES 461,49201.3040 569 00026 TIF 1-22 MALL REDEV 1,173.16 PROF SRV - LEGAL FEES 213.46522,3040 569 00027 TIF 1-22 225 FRONT ST 203,00 PROF SRV - LEGAL FEES 213,46522,3040 569 00028 TIF 1-23 ALLIED 1,648.00 PROF SRV - LEGAL FEES 213,46523,3040 569 00029 4,502,66 *VENDOR TOTAL ~OPCHAK/OLIVE RAVEL EXPENSE 81.40 TRAVEL EXPENSE 250,46501,3310 569 00030 KRAMBER & ASSOCIATES INC ASSESSING SERVICE 1,948,50 PROF SRV - ASSESSING 101.41550.3125 JULY 1998 569 00031 LARSON'S ACE HARDWARE LIQUOR - OP SUPPLIES 4.17 MISC OPERATING SUPPLIE 609,49754,2199 569 00032 KLEIN FARMS 4TH-OP SUPP 4.20 MISC OPERATING SUPPLIE 458.49201.2199 569 00033 PW-INSPECTIONS 12.60 MISC OPERATING SUPPLIE 101.43115,2199 569 00034 WWTP-MISC REPAIR SUPP 7.41 MISC REPAIR & MTC SUPP LI 436.49201.2299 569 00035 WWTP-MISC OP SUPPLIES 3.72 PROF SRV - CONSTRUCTION 436,49201,3025 569 00036 WATER-OP SUPPLIES 3.17 MISC OPERATING SUPPLI S 601,49440,2199 569 00037 WATER-BLDG REPAIR SUPP 7,47 BUILDING REPAIR SUPPLIE S 601.49440,2230 569 00038 WATER-UTIL SYS MAINT 11. 67 UTILITY SYSTEM MTCE S PP 601,49440,2270 569 00039 FIRE-LUB & ADDITIVES 15,94 LUBRICANTS & ADDITIVE 101.42201.2130 569 00040 PARKS-ROUTER PLUNGE 340.79 SMALL TOOLS & EQUIPME T 101,45201.2410 569 00041 PARKS-OP SUPPLIES 1,219.94 MISe OPERATING SUPPLI S 101.45201.2199 569 00042 SHOP-OP SUPPLIES 88,36 MIse OPERATING SUPPLI S 101,43127.2199 569 00043 STREETS-SPRAYER 42.59 SMALL TOOLS & EQUIPME T 101.43120.2410 569 00044 STREETS-OPERATING SUPP 10,17 MISC OPERATING SUPPLI S 101,43120,2199 569 00045 STREETS-EQUIP REPAIR 12,88 EQUIPMENT REPAIR PART 101.43120.2210 569 00046 LIBRARY-CLNINGSUPP 33.00 CLEANING SUPPLIES 211,45501,2110 569 00047 CEMETARY-OP SUPPLIES 49,89 MISC OPERATING SUPPLI S 651.49010.2199 569 00048 . 1,867.97 *VENDOR TOTAL -- .-- .--- -.- ,.- BRC FINANCIAL SYSTEM CITY OF MONTICELLO 07/28/98 06:51 :54 Schedu 1 e f Bill s GL540R-V05.20 PAGE 3 eNDOR NAM~ AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE POll F/P 10 LINE DESCRIPTION LUKACH/JOHN CITY HALL 17. 31 TRAVEL EXPENSE 101.41940.3310 MILEAGE 569 00049 PARKS 27. 71 TRAVEL EXPENSE 101.45201.3310 MILEAGE 569 00050 U BRARY 17.32 TRAVEL EXPENSE 211.45501.3310 MILEAGE 569 00051 FIRE STATION 6.93 TRA VEL EXPENSE 101.42201.3310 MILEAGE 569 00052 69.27 *VENDOR TOTAL MAMMENGA/MARGE TRAVEL EXPENSE 3.64 TRAVEL EXPENSE 101.41990.3310 569 00053 MINNEGASCO CITY HALL 22.65 GAS 101.41940.3830 569 00054 DEP REGISTRAR 12.78 GAS 101.41990.3830 569 00055 AN I1~AL SHELTER 12.14 GAS 101.42701.3830 569 00056 PARKS 6.07 GAS 101.45201.3830 569 00057 FIRE STATION 22.16 GAS 101.42201.3830 569 00058 SHOP/GARAGE/MAINT 17. 78 GAS 101.43127.3830 569 00059 U BRARY 9.59 GAS 211.45501.3830 569 00060 103.17 *VENDOR TOTAL MN GOV FINANCE OFICERS A FINANCE-C & S CONFERENCE 390.00 CONFERENCE & SCHOOL 101.41520.3320 569 00061 ~FINANCE-SUE DcES 30.00 DUES, MEMBERSHIP & UBSC 101.4 1520.4330 569 00062 420.00 *VENDOR TOTAL MN RECREATION & PARK ASS WANDA - BENEFIT PROMO 129.00 CONFERENCE & SCHOOLS 101.41910.3320 569 00063 MONTICELLO/CITY OF LIQUOR-SEWAGE/WATER 22.97 WATER & SEWER 609.49754.3820 569 00064 NETSOURCE CITY HALL-COPY PAPER 432.16 'DUPLICATING & COPY S PPL 101.43110.2020 569 00065 NORTHERN STATES POWER CO WATER 2,083.70 ELECTRIC 601.49440.3810 569 00066 SEWER 409.43 ELECTRIC 602.49490.3810 569 00067 STREET LIGHTS 11,173.91 ELECTRIC 101.43160.3810 569 00068 DEP REG & FOOD SHELF 126.53 ELECTRIC 101.41990.3810 569 00069 PARKS 772.63 ELECTRIC 101.45201.3810 569 00070 CIVIL DEFENSE 9.42 ELECTRIC 101.42501.3810 569 00071 SHOP/GARAGE 198.69 ELECTRIC 101.43127 .3810 569 00072 FIRE STATION 377.76 ELECTRIC 101.42201.3810 569 00073 PARKING LOTS 73.07 ELECTRIC 101.43140.3810 569 00074 LIQUOR STORE 1,384.86 ELECTRIC 609.49754.3810 569 00075 16,610.00 *VENDOR TOTAL ~ON/DAN & ANDRA MRF #106 FACADE IMPR 6,814.13 GRANT REIMB - 250.46501.6602 569 00076 BRC FINANCIAL SYSTEM CITY OF MONTICEli 0 07/28/98 06:51 :54 Schedule 0- Bills GL540R-V05.20 PAGE 4 eNDOR NAME . DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE POll F/P ID LINE ONE CALL CONCEPTS, INC. LOCATES 352.00 MISC PROFESSIONAL S ERVIC601.49440.3199 JUNE 569 00077 PATCH/FRED TRAVEL EXP-SOIL WKSHOP 169.40 TRAVEL EXPENSE 101.42401.3310 569 00078 PREUSSE/JAMES L DEP REG 150.00 PROF SRV ~ CUSTODIA 101.43110.3110 569 00081 CITY HALL 460.00 PROF SRV - CUSTODIA 101.41940.3110 CLEANING 569 00079 OEP REG 120.00 PROF SRV - CUSTODIA 101.41990.3110 CLEANING 569 00080 730.00 *VENDOR TOTAL RON'S GOURMET ICE ICE 223.84 MISC TAXABLE 609.49750.2540 16279 569 00082 ROYAL PRINTING & OFFICE CITY HALL-OFFICE SUPP 803.18 MISC OFFICE SUPPLIE 101.41301.2099 569 00083 LIBRARY~OFFICE SUPP 49.63 MISC OFFICE SUPPLIE 211.45501.2099 569 00084 AN SHELTER-OFFICE SUPP 5.07 MISC OFFICE SUPPLIE 101.42701.2099 569 00085 AMNESTY DAY-BROCHURES 361.57 MISC PRINTING 101.43230.3599 569 00086 WWTP-CASSETTE RECORDER 102.20 OTHER EQUIPMENT 436.49201.5801 569 00087 PW-OFFICE SUPPLIES 240.99 MISC OFFICE SUPPLIE 101.43110.2099 569 00088 ~ARKS-FILE CABINET 201.92 FURNITURE & FIXTURE 101.45201.5601 569 00089 HOP-TRUCK DECALS 1,503.78 MISC PRINTING 101.43127.3599 569 00090 3,268.34 *VENDOR TOTAL SALZWEDEL/PATRICIA ANIMAL SHELTER CONTRACT 1,197.49 PROF SRV - ANIMAL C RL 0 101.42701.3120 BAL OF JULY 569 00091 SCHARBER & SONS, INC. \ STREETS-EQUIP REPAIR PRT 335.02 EQUIPMENT REPAIR PA RTS 101.43120.2210 569 00092 PARKS-VEH REPAIR PARTS 1,018.36 VEHICLE REPAIR PARTS 101.45201.2211 569 00093 STREETS-7' BROOM 4,913.91 OTHER EQUIPMENT 101.43120.5801 569 00094 6,267.29 *VENDOR TOTAL SCHLUENDER CONSTRUCTION WATER-REPAIRS 8,933.00 REPAIR & MTC - OTH R 60' .49440.4099 569 00095 WWTP-GRANITE & SKIDLOADR 645.00 PROF SRV - CONSTRU nON 436.49201.3025 569 00096 H RA-GRAN ITE 350.00 MISC REPAIR & MTC UPPLI 213.46301.2299 569 00097 9,928.00 *VENDOR TOTAL SERVICE SALES CORPORATIO LIQUOR-OFFICE SUPPLIES 54.51 MISC OFFICE SUPPLI S 609.49754.2099 107236 569 00098 SIMPSON/CYNTHIA R FIRE HALL CLEANING 50.00 PROF SRV - CUSTOOI L 101.42201.3110 JUL Y 569 00099 TOS TELECOM . _ARKS 128.75 TELEPHONE 101.45201.3210 569 00100 '....~ CITY HALL 1,714.95 TELEPHONE 101.41301.3210 569 00101 FIRE STATION 453.58 TELEPHONE 101.42201.3210 569 00102 BRC FINANCIAL SYSTEM CITY OF MONTICELLO 07/28/98 06:51 ;54 Schedule of Bills GL540R-V05.20 PAGE 5 .NDOR NAME F/P ID LINE DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE POil TDS TELECOM ANIMAL SHELTER 38.71 TELEPHONE 101.42701.3210 569 00103 WATER 31.06 TELEPHONE 601.49440.3210 569 00104 PUBUC WORKS 432.43 TELEPHONE 101.43110.3210 569 00105 DEP REG 174.38 TELEPHONE 101.41990.3210 569 00106 PW INSPECTION 10,20 TELEPHONE 101.43115.3210 569 00107 COMPUTER 10.20 TELEPHONE 101.41920.3210 569 00108 1.I QUOR STORE 236.80 TELEPHONE 609.49754.3210 569 00109 3,231.06 *VENDOR TOTAL TRUEMAN-WELTERS, INC. STREETS-EQUIP REP PARTS 221.53 EQUIPMENT REPAIR PART 101.43120.2210 569 00110 STREETS-OP SUPPLIES 160.01 MISC OPERATING SUPPLI S 101.43120.2199 569 00111 381.54 *VENDOR TOTAL USA WASTE SERVICES, INC REFUSE 6/15 - 6/29 4,754.22 PROF SRV - REFUSE COL EC 101.43230.3100 14245 569 00112 WRIGHT COUNTY JOURNAL PR PARKS-SEASONAL HELP ADS 99.16 GENERAL PUBLIC INFORM TI 101.45201.3520 569 00113 WRIGHT-HENNEPIN COOP ELE BOHANON FARMS 33.56 MISC. OTHER EXPENSE 436.49201.4399 ELECTRICITY 569 00114 ~8 & ASSOCIATES, INC. RESURRECTION CHURCH 851.94 PROF SRV - ENGINEERIN F 459.49201.3030 569 00117 MONTICELLO MAPS 250.00 PROF SRV - ENGINEERIN F 101.41910.3030 JUNE 569 00115 KLEIN FARMS ESTATES 3RD 526.75 PROF SRV - ENGINEERIN F 101,.41910.3030 JUNE 569 00125 MONTI CLUB SEWER 1,907.25 PROF SRV - ENGINEERIN F 101.41910.3030 JUNE 569 00130 WALNUT/ELM ST RR 45.25 PROF SRV - ENGINEERIN FI01.41910.3030 JUNE 569 00134 CUB FOODS 452.50 PROF SRV - ENGINEER IN F 101.41910.3030 JUNE 569 00135 TH 25 WETLAND MITIGATION 10,236.50 PROF SRV - ENGINEERIN F 450.49201.3030 MAY 569 00116 HS TRUNK SEWER 50.00 PROF SRV - ENGINEERIN F 453.49201.3030 M~.Y 569 00118 CR 118 1,850.00 PROF SRV - ENGINEERIN F 101.41910.3030 MAY 569 00126 COMMUNITY CENTER 90.50 PROF SRV - ENGINEERIN F 461.49201.3030 MAY 569 00127 P 0 REVIEW 181.00 PROF SRV - ENGINEERIN F 101.41910.3030 MAY 569 00128 MONTI/BL HOSPITAL 45.25 PROF SRV - ENGINEERIN F 101.41910.3030 MAY 569 00129 RIVER MILL 2ND 135.75 PROF SRV - ENGINEER[N F 101.41910.3030 MAY 569 00131 PRAIRIE WEST ADDTS 45.25 PROF SRV - ENGINEERIN F 101.41910.3030 MAY 569 00133 MONTI COMP WATER MGMT 181. 00 PROF SRV - ENGINEERIN F 101.41910.3030 MAY 569 00136 KLEIN FARMS 4TH 8,886.02 PROF SRV - ENGINEERIN F 458.49201.3030 MAY,JUNE 569 00119 WILDWOOD RIDGE 2,857.75 PROF SRV - ENGINEERIN F 101.41910.3030 MAY,JUNE 569 00120 SE INTERCEPTOR 1,242.75 PROF SRV - ENGINEERIN F 101.41910.3030 MAY,JUNE 569 00121 ST HENRY'S 4,311.25 PROF SRV - ENGINEER IN F 101.41910.3030 MAY,JUNE 569 00122 RIVER MILL 3RD 429.25 PROF SRV - ENGINEERIN F 101.41910.3030 MAY,JUNE 569 00123 RIVER MILL 4TH 429.25 PROF SRV - ENGINEERIN F 101.41910.3030 MAY,JUNE 569 00124 EAST OAK MEADOWS 1,078.75 PROF SRV - ENGINEERIN F 101.41910,3030 MAY,JUNE 569 00132 . 36,083.96 *VENDOR TOTAL BRC FINANCIAL SYSTEM 07/28/98 06:51:54 .NDOR NAME DESCRIPTION AMOUNT Y M C A - NW CONTRACT 625.00 . . Schedule of Bills ACCOUNT NAME FUND & ACCOUNT MISC PROFESSIONA~ HERVIC 101.45177.3199 CITY OF MONTICELLO GL540R-V05.20 PAGE 6 CLAIM INVOICE PO# F/P ID LINE JULY 569 00137 BRC FINANCIAL SYSTEM 07/28/98 06:51:54 .ENDOR NAME DESCR I PTI ON REPORT TOTALS: . . AMOUNT 313,584_21 ACCOUNT NAME RECORDS PRINTED - 000137 Schedule of Bills FUND & ACCOUNT CITY OF MONTICELLO GL540R-V05,20 PAGE 7 CLAIM INVOICE PO# F/P ID LINE BRC FINANCIAL SYSTEM 07/28/98 06:51 :57 . - FUND RECAP: FUND DESCRIPTION Schedule 0 Bills DISB RSEMENTS 101 GENERAL FUND 211 LIBRARY FUND 213 HRA FUND 240 CAPITAL PROJECT REVOLVING FD 250 ECONOMIC DEVELOPMENT AUTH FD 436 93-14C WWTP EXPANS10N PRJ 450 96-04C HWY25/MNDOT IMPR 453 97-07C HIGH SCHOOL TR ST SEW 458 97-04C KLEIN FARMS 4(LION'S) 459 98-01C RES CHURCH SS & WM 461 98-03C COMMUNITY CENTER 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 651 RIVERSIDE CEMETERY TOTAL ALL FUNDS 'NK RECAP: BANK NAME GENL GENERAL CHECKING LIQR LIQUOR CHECKING TOT A,[ ALL BANKS . 6 ,850.86 109.54 ,441.16 1. 06 ,895.53 18 ,768.59 1 ,236.50 50.00 ,120.22 851. 94 ,502.00 ,422.07 409.43 ,195.42 729.89 31 ,584.21 0158 RSEMENTS 30 ,388.79 1 ,195.42 31 ,584.21 THE PRECEDING LIST OF BILLS PAYABLE WAS RE IEWEO AND APPROVED FOR PAYMENT, DATE ............ APPROVED BY CITY OF MONTICELLO GL060S-V05.20 RECAPPAGE GL540R BRC FINANCIAL SYSTEM .08/03/98 14; 18;49 Schedule of Bills CI Y OF MONTICELLO GL050S- 05.20 COVERPAGE GL540R Report Selection; RUN GROUP... M731D COMMENT... 7/31 MANUAL CKS DATA-JE-ID DATA COMMENT -------------- ------------------------ M-07311998-592 7/31 MANUAL CKS Run Instructions; Jobq Banner Copies Form Printer Hold Space LPI Lines CPI J 01 Y S 6 066 10 . . , --~--_..,---",--_. ---.. -.-- -----'----.. .-.-.------- ..-.---.. ---.". BRC FINANCIAL SYSTEM CITY OF MONTICELLO ,~08/03/98 14:18;49 Schedule of Bills GL540R-V05.20 PAGE 1 VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P 10 LINE ADOLFSON & PETERSON, INC WWTP-PAYMENT #15 240,449.75 PROF SRV - CONSTRU TION 436.49201.3025 592 00015 AME GROUP PARKS-SAND 23.43 MISC OPERATING SUP LIES 101.45201.2199 209463 592 00002 ANDERSON/RICK STORM-29.75 HRS 846.13 1997 STORM DAMAGE XPENS 101.42501.4401 592 00031 BRAUN ENGINEERING #21671 VOID WWTP TESTING 733.00CR MISC PROFESSIONAL ERVIC 436.49201.3199 592 00019 #21671 VOID-KLEIN FARMS 230.00CR PROF SRV - ENGINEE ING F 458.49201.3030 592 00020 963.00CR *VENDOR TOTAL DAVE PETERSON'S FORD/MER PARK-TRUCK LICENSE FEE 31. 00 MOTOR VEHICLES 101.45201.5501 592 00006 EMERGITEK CORPORATION FIRE-BATTERY MAINT SYS 888.95 OTHER EQUIPMENT 101.42201.5801 3540 592 00018 WATER-R&M EQUIPMENT 25.00 REPAIR & MTC - MACH & EQ 601.49440.4044 3613 592 00016 FIRE-EQUIP REPAIR PARTS 430.10 EQUIPMENT REPAIR PA TS 101.42201.2210 3675, 3482 592 00017 4111tIRST NAT BANK OF MONTIC 1,344.05 *VENDOR TOTAL LIQ-EXTRA CHANGE FOR 4TH 1,000.00 CASH OVER - OFF-SAL 609.37841 592 00001 GOVERNMENT TRAINING CENT MAYOW FAIR-MN MAYOR'S 120.00 CONFERENCE & SCHOOL 101.41110.3320 592 00028 HDR ENGINEERING, INC. WWTP-APRIL 1998 40,027 .63 PROF SRV - ENGINEER NG F 436.49201.3030 592 00032 HERMES/GERALD T #21683 VOID AN SHELTER L 197. 50CR PROF SRV - ANIMAL C RL 0 101.42701.3120 592 00022 I TEN CHEVROLET SEWER-TRUCK REPAIR 45.16 REPAIR & MTC - VEHI LES 602.49490.4050 592 00038' KRAMBER & ASSOCIATES INC ASSESSING SERVICES 1,948.50 PROF SRV - ASSESSIN 101.41550.3125 JUNE 1998 592 00007 MARQUETTE BANK MONTICELL 1996B BOND 4,788.75 BOND INTEREST 385.47001.6110 592 00034 1996A BOND 20,348.75 BOND INTEREST 330.47001.6110 592 00035 '1996C BOND 9,773.75 BOND INTEREST 360.47001.6110 592 00036 34,911.25 *VENDOR TOTAL ~N DEPART OF NATURAL RES WATERCRAFT TITLE 1,535.00 DNR PAYABLE 101.20811 592 00008 REGISTRA nONS 426.00 DNR PAYABLE 101.20811 592 00009 WA TERCRAFT TITLE 566.00 DNR PAYABLE 101.20811 592 00023 . BRC FINANCIAL SYSTEM ~08/03/98 14:18:49 VENOOR NAME DESCRIPTION REPORT TOTALS: . . AMOUNT 326,475.91 Schedul of Bills ACCOUNT NAME RECORDS PRINTED - 000038 FUND & ACCOUNT CITY OF MONTICELLC GL540R-V05.20 PAGE CLAIM INVOICE PO# F/P 10 LINE BRC FINANCIAL SYSTEM ~08!03!98 14:18:51 FUND RECAP: FUND DESCRIPTION 101 GENERAL FUND 330 1996A G. O. IMPR BOND 360 1996C SEWER INTER REFUND BD 385 TIF 1996B G.O. REFUNDIND BD 436 93-14C WWTP EXPANSION PRJ 458 97-04C KLEIN FARMS 4(LION'S) 459 98-01C RES CHURCH SS & WM 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND TOTAL ALL FUNDS BANK RECAP: .~~~ GENL UQR NAME GENERAL CHECKING LIQUOR CHECKING TOTAL ALL BANKS Sched le of Bills CITY OF MONTICELLC GL060S-V05.20 RECAPPAGF GL540R DISBURSEMENTS 11.285.53 20,348.75 9,773.75 4,788.75 279,744.38 230.00 CR 39.00 210.67 230.83 284.25 326,475.91 DISBURSEMENTS 326,191.66 284.25 326,475.91 DATE ............ THE PRECEDING LIST OF BILLS PAYABLE WA REVIEWED AND APPROVED FOR PAYMENT. ~ APPROVED 8 . . . COUNCIL PDATE August 7 1998 Community Center Update (J.O.) Following is an update on finance planning for the community center. ~ The project is currently on track in terms 0 budget and timeline. The architect recently had an estimate completed and found that t e project costs are close to budget. A number of features will be bid as alternates in the e ent the project cost goes over the budget set by Council. Attachment: Memo from Ehlers & Associ tes, Inc. Other Developments ~ Closing on the Grimsmo property should 0 cur this week. ~ The city hall sale should be on the Council agenda next week. ~ We are currently seeking permission from urlington Northern to remove one of the two spurs. ~ A site plan showing development of Ferrellgas has been submitted by a developer. ~ A site plan and conditional use permit for r construction of the Marquette Bank drive- through has been submitted. The design is ery complementary to the community center. ~ A request has been made by the firm Hessi & McKasy, P .A., for information relating to the planning and financing ofthe communi y center. City staff is in the process of compiling the information and is working i accordance with the Data Practices Act to satisfy this information request. No additio al information is available at this time. Attachment: Letter from Hessian & McKa y, P.A. KAREN\OFFICEIAGENDAS\COMMCENT.UPD: 8f7198 . . . . EHLERS & ASSOCIATES INC Memo To: From: Subject: Date: City of Monticello Rusty Fifield Finance Plan for Community C nter August 5, 1998 The purpose of this memo is to provide the HRA a d the City Council with updated information on the finance plan for the Community Center an with a proposed schedule of events in the bond issuing process. Project Finance Plan The plan (see Attachment 1) is based on the latest i formation from AKA, City Staff and other consultants on the estimated cost of the Project. F m a finance perspective, we continue to refine the assumptions and move towards the final terms f the bond issue. Our objective is to create a plan that meets the City's needs and offers an attra tive investment. It is important to understand the basic concept of t e finance plan. The plan consists of two equally important elements: the bonds and the leas . State Law gives housing and redevelopment authorities the ability to issue revenue bonds to fin nce HRA projects. It has been determined that community centers and other public projects are va id undertakings of a HRA. By themselves, the bonds are not marketable. The HRA does not have an adequate flow of revenues to secure the bonds. The lease provides the security for the bond . The City enters into a lease purchase agreement wi h the HRA and the HRA pledges these revenues to retire the debt. The lease payments ma ch debt service on the bonds. While the lease is a long-term agreement, State Law requires that it be subject to an annual appropriations pledge. Each year, the City must take action to appropriate onies to pay the lease. This provision creates the legal ability not to appropriate funds. Part of de eloping the bond issue becomes determining the factors that offset investor concern over the pot ntial of non-appropriation. The general use of the facility (city hall and nationa guard training center) and the up-front funding creates a strong impression for future finan ial support. We are currently exploring the viability of various options for enhancing the invest r appeal. · Bond insurance provides the bondholder wit assurance that the debt will be paid. Insurers may require certain terms and conditions. . A trustee may be required. The trustee acts n behalf of the bondholders in the case of non-appropriation or default. Use of a trust e creates both initial and on-going costs. 3060 Centre Pointe Drive .:. Roseville, Minnesota 55113-1105 (651) 697-8506 .:. F (651) 697-8555 rusty@ehlers inc.com . . . City of Monticello Page 2 August 5, 1998 · A debt service reserve fund provides short-t rm protection to the bondholders if funds are not appropriated. The size of the bond issu would be increased to create the reserve. Interest on the investment of the reserve ca be used to pay debt service. Monies in the reserve will be used to make the final lease ayment. All of these factors are being evaluated. Final decisi ns on a recommended finance plan will be made in the next six weeks. Cash Flow Projections The Project Finance Plan shows the overall funding and the amount of debt required to undertake the project. Cash flow projections demonstrate th t the Plan actually works. The projections in Attachment 2 match the receipt and disbursement f funds for the project during the construction period. Based on the assumptions used in the anal sis, the project completes construction and the first year of debt payment with a positive cash bala ceo An important factor in the flow of funds is the sale of City Hall and Senior Center properties. Current projections show the receipt of funds in Ja uary 2000, following the completion of the Community Center. This lag could cause tempora deficits in late 1999 as shown in Attachment 2. Bond Issue To this point, discussions on the bond issue have c ncentrated on the amount of debt and the average annual debt service payment. As we appro ch the actual implementation of the Finance Plan, attention must be given to the structure of th debt. The current debt structure (Attachment 3) is based on the following assumptions: . The bonds will be repaid over 20 years in lie ual" annual payments of principal and. interest. . Full debt amortization begins with fiscal ye r 1999. . The City will use $200,OOO/year of net reve ues from the Liquor Fund to pay debt service. . The HRA will contribute $111250/year in ta increment revenues to pay debt service. . The remaining funds needed to support the debt will come from property taxes. The review and consideration of these assumptions is a critical next step in the planning process. . . . City of Monticello Page 3 August 5, 1998 Timing The formal bond sale process begins in late Septemb r. The bond sale is tentatively scheduled for November 9, Funds would be received by the City i early December. The key dates in the proposed sale process are as follows: September 28 October 7 October 26 October 27 November 9 November 9 December 7 (est,) N,\MINNSOT A \MONTrCEL\ARMORY\UPDA TE8SWPD City Council equests that the HRA call for the sale of bonds, Set final terms and structure of bond issue, HRA calls for the sale of bonds. 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I I I I I .,.....,...........,.-T"""T"""'....-......,..........,..... 00000000000 O.....NM'<tlOCDl'-.roCTlO ,.......-.,......,...........-......,............,.....(\1 I'-. !Xl 1'-.. .... OJ lO_ ..... .... o o o 6 CD OJ ~ !Xl g> lii Q co o Q c IJl Q) iti "(3 o IJl IJl ..:{ 06 ~ Q) :c w ..-----' Hessian . & McKasy PA . . August 4, 998 VIA FACSIMILE AND US MAIL Mr. JetTO'Neil Assistant Administratei'" &. Community Development City of Monticello 250 East Broadway P.O. Box 1147 Monticello, MN 55362-9245 Re: City of Monticello Dear Mr. O'Neil: 4700 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402-2228 (612) 330-3000 Fax (612) 371-0653 John Paul Martin (612) 330-3060 E-mail: jmarlin@hcssian.com This firm represents a group of Monticello esidents and taxpayers who are interested in reviewing actions taken by the City of Monticello and its Housing and Redevelopment Authority in approving and issuing revenue bonds for the ne city hall and community center facility. This letter is to formally request that variou public documents pertaining to the City's actions be made available to us. I understand that t e documents we wish to review were not made available today to Mr. John Choi, who drove up to Monticello from our office in Minneapolis to review documents which we believ are clearly public information. Mr. Choi stated to me that the documents were unavailable b cause of the possibility that some of the documents in the file might be considered private nd your wish to b,c able to consult your attorneys prior to allowing any review whatsoever. I understand that you will make these documents available for our inspection after you c nsult with your attorney. We understand that this process will be completed as quickly as possib e. We would expect that the public documents will be available on our review by the nd of this week. The following is an initial list of document we wish to review as soon as possible: Resolutions of the Planning Commission, City Council and Housing and Redevelopment Authority ("HRA") of the City of Monticello which authorize the analysis, funding or implementatio of the project; 1 2. Minutes of the Planning Commissl n, City Council and HRA where the project has been discussed; . . . Mr. Jeff O'Neil August 4, 1998 Page 2 3. Contracts or proposed contracts betw en the HRA and/or the City of Monticello including any leases or proposed leas s for part or all of the project; 4. Staff reports considered by members fthe Planning Commission, City Council or HRA which deal with funding or i plementation of the project; 5. Correspondence between bond couns I or the City Attorney and the IffiA or the City of Monticello relating to the leg lity of implementing or funding the project; 6. Revenue projections and costs of op ration which have been projected for 1998 forward; 7. Resolutions and authorizations for e inent domain; 8. Drafts of bond prospectuses and any contracts with underwriters for the issuance of revenue bonds; 9. Any and all analyses performed by ity staff or outside consultants of the cost of operating the project and revenue so rces for paying for such costs after the project is constructed; 10. Conflict of interest disclosures, if an ; and 11. Critical path calendar/schedules for uthorization, funding and construction. In the event that all of these files are not av ilable within the next day or so, we would expect the resolutions and minutes at a minimum. .If you or your attorney have any questions, please contact me at 330-3060. Thank you for your attention to this matter. JPM:jjc cc: Client 548528\1