City Council Agenda Packet 08-10-1998
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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.
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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.
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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
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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.
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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
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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.
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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.
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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
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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
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KARENIOFFICEIELECTION\JUOGECC.L1S: 8/5/98
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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
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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:
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o Fraternal
o Veteran
[!] Religious
o Other nonprofit organization
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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.
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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
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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
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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.
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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
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Council Agenda - 8/1 0/98
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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
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Council Agenda - 8/10/98
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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:
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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.
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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
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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
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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
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MCLEOD BANCSHARESINC
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Monti~.lIo. Minnesota
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VANMAN COMP ANIl~S
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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
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FIRST MINNESOTA BANK
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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
.
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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
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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
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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
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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
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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
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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.
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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.
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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").
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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
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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.
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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
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14.
.
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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
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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)
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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
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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
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EXHI IT A
Legal De; cription
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Page 15
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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.
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EXHIB T E
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Disbursement I greement
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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
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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
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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
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Phase I - Wildwood Rid Ie
I
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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
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(Outlot E is 2nd Phase)
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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.
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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.
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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
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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
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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.
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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.
.
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.
(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
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.
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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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.
City Council onsideration of construction bids.
Make adjust ents, as needed, to finance plan and
bond issue,
HRA awards ale of bonds (special meeting) and
approves leas agreement with City.
City Council pproves lease agreement with HRA
and ratifies sa e of bonds,
Bond issue cl sing and receipt of funds.
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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