City Council Agenda Packet 09-26-2005
AGKNnA
REGULAR MEETING _ MONTICELLO CITY COUNCIL
Monday September 26, 2005 ~ 7 p.m.
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Clint Herbst
Glen Posusta, Wayne Mayer, Tom Perrault and Brian Stn11lPf.
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Mayor:
council Members:
1.
Call to Order and pledge of Al\egiance.
Approve minutes September 12, 2005 regular Council meeting.
Approve minutes of September 12 ,2005 Budget Workshop meeting
Approve minutes of September 12, 2005 hlosollds workshop.
Approve minutes of August 3, 2005 special meeting to interview engineer applicants.(Not
Done) ./Ol~ II ",.IM
l-' . d . f dd" h c1 Lv Jtv-. ~ VI- J J ("" L 5" . A L
.ons1 eratrOn 0 a 1ng 1temS to t e agen a../",.~ '1'""re.- - 7T"""'" lllAl h.4
C",.. .' d r~o\ff~
.1tlZen comments, petltlons, requests an compf,'n\s.
7~ '" "'~ ""''' f'W'" ' I" fHf~t
A grOUP ot resldcnts want to make a present. lion to the Counc11 expressmg then
concerns abont me proposed pathway from School Boulevard to Fallon Avenue.
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Consent agenda:
A. Consideration of approving hires and departUres.
B. REMOVED FROM AGENDA
C. Considcration of approving County cooperative construction agreement for the CSAH
1811-94 Interchange Project No. 2004-1 C.
D. consideration of continuing the publlc hearing on consideration of vacation of Cedar
Street right-of-way and vacation of drainage and utility easements in the plat of
Monti cello Travel Center to October 10, 2005.
E. consideration of approving fmal payment to Granite Ledge Electrical Contractors, Inc.
for the Trunk Highway 25 at School Boulevard Signal System, City Project No. 2004-
19C.
consideration of approving Change Order #2 for Cedar Street Reconstroction and 7'"
Street Reconstroction, City Project Nos. 2000- I 8C and 200 I -7C.
Consideration of approving fmal payment and accept improvements for Jefferson
Commons pond Grading, City Project No. 2004-33C.
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H. Consideration to approve entering into a License Agreement between the HRA, the City
and. Rocky Mountain Ci-rouP, LLC.
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Agenda
Monticello City Council
September 26,2005
Page 2
1. Consideration of executing BNSF Railway pipeline license for CSAH 18/1-94
Interchange Project No. 2004-1 C.
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Consideration of calling for a special city council meeting to award the contract for
CSAH 18/1-94 Interchange Project, Project No. 2004-1C. C~1Ijqe--rt
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d<V @ Consideration of approving Change Order No. 1 for Jefferson Commons Pond Grading,
City Project No.2004-33C.
~. Consideration of approving final payment and accept improvements for Cedar Street
Reconstruction and 7th Street Reconstruction, Projects Nos. 2000-18C and 2001-7C.
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Consideration of items remoJed from the c6nsent agenda for discussion.
6.
7. Public Hearing _ Consideration of vacation of drainage and utility easement for 2817 Oak Ridge
Drive - Keith and Katrina Geissler.
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8.
Public Hearing _ Consideration of vacation of drainage and utility easement over Outlot B in
the plat ofthe Church of St. Henry.
9. Public Hearing on appeal of variance for secondary driveway in an R-l Zoning District.
Applicant: Richard Bastien Central Masonry & Concrete.
10. Public Informational Meeting on multiple driveways and fence encroachments.
11. Consideration of a request for a conditional use permit to allow operation of a real estate office
in an existing building in a PZM (Performance Zone-Mixed) District and a request for a
variance from required parking standards as regulated by the Monticello Zoning Ordinance.
Applicant: Professional Brokers Realty.
12. Consideration of a request for an amendment to the Monticello Zoning Ordinance regarding the
regulation and outdoor storage of commercial vehicles. Applicant: City of Monticello.
13. Review update of report on modifications to trunk utility fees and park dedication fees.
14. Consideration of review of items relating to Hidden Forest Subdivision pertaining to site
grading and utility improvements, finance plan and utility pipe design.
15.
Consideration of an ordinance establishing a policy relating to outside employment for certain
city employees.
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16. Consideration of approving bills for September.
17. Adjourn
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Ml1'UJTES
REGULAR MEETING _ MONTICELLO CITY COUNCIL
Monday September 12,2005 - 7 p.m.
Clint Herbst, Wayne Mayer, Tom Perrault, Glen posusta and Brian Stumpf.
Members Present:
Members Absent:
None.
1. ~al\ to Order and Plcdl!c of Allel!ianc~.
Mayor Herbst called tbe meeting to order at 7 p.m. and declared a quorum present. Tbe Pledge
of A\legiance was said.
2A. A rove minutes Au ust 22 2005 re ular Couucil meetin
Tom Perrault noted typing errors in itemS #5C, # 11 and # 13.
TOM PERRA\Jl:r MOVED TO APPROVE THE MINUTES OF THE AUGUST 22,2005
REGllLAR COUNCIL MEETING Wrfl-l TYPOGRAPHICAL CORRECTIONS. WAYNE
MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
2B.
A
Tom Perrault questioned who had seconded Wayne Mayer's motion to set the levy amount at
$6,750,000. OIen posusta indicated he had seconded the motion. Tom Perrault felt the
language about liquor store funds and funds borrowed by the EDA waS not well written
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TOM PERRAIJLT MOVED TO APPROVE THE MINUTES OF THE AUGUST 29,2005
BUDGET WORKSHOP MEETING. GLEN POSUSTA SECONDED THE MOTION.
MOTiON CARRiED UNANiMOUSLY.
3, consideration of addin itemS to the a enda,
At thi s time Bruce Westby, the neW city engineer and Daniel Hennessey, the neW bui 1 di ng
inspector were introduced.
Wayne Mayer added a discussion un Exhibit Z's and approving itemS with contingencies. Tom
Scott claritied that tbe Couneil was actually guing to go into a closed session at this meeting
He didn't feel the wording ofthc agenda item clearly reflected tbat. Clint Herbst added to the
agenda consideration of purchase of a trailer for the Street Department, hard court construction
at the Fourth Street Park and City employeeS working for neighboring communities.
Carrie Me Do u gall, 101 Hill crest Circle asked if an item was on the consent agenda caul d it be
pulled if residents wanted to comment on it. Mayor Herbst indicated that the council eould
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4, Citizen cumments ctitions rc uests aud com laints,
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Council Minutes ~ 9/12/05
pull the item and allow additional discussion.
Sheila Nelson, 4762 Eagle Ridge Lane, asked if consent agenda item #5D(Blue Chip
Development) could be pulled for discussion
5. Consent al!enda:
A. Consideration of approving hires and departures. Recommendation: Ratify hires and
departures for Building Department, Streets, Water and MCC as identified.
B. Consideration of approving contribution from Land of I,akes Boys Choir to MCC.
Recommendation: Approve a resolution accepting the contribution and authorizing
uses of funds as specified by donor.
C. Consideration of approving temporary liquor license for the Monticello Lions Club at
Pioneer Park for September 23.2005. Recommendation: Approve temporary liquor
license of the Monticello Lions Club for September 23, 2005.
D. Consideration of a request for an amendment to a planned unit development allowing
the construction of an additional multi-tenant building on a single lot in an 1-2 District.
Applicant: Blue Chip Development. Recommendation: Approve preliminary plat for
Blue Chip Development with conditions noted below based upon the fIndings that the
proposal would comply with the City's Comprehensive Plan and long term development
goals for the area and to approve the conditional use permit for concept and
development stage PUD with conditions noted below based on a finding that the use is
appropriate for the zoning district and the proposed site.
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The applicant shall provide proofthat there will be no substantial conflicL in the operating hours
of the buildings who arc proposing to share parking l'acilities.
^II par1ies involved in the joint parking agreement shall execute a contract approved by the City
Attorney and filed with the County Recorder.
Applicant shall propose an alternate parking lot configuration for the new building that would
provide beLLer circulation and drainage subject to City stalf review and approval.
The landscape plan must be revised to show the required number of plantings for the overall site
as well as the residential buffer yard subject to City staffreview and approval.
The applicant must submit plans showing the proposed locations and dimensions of any outdoor
storage, if any, as well as the location and screening materials for trash enclosures subjecL to City
staff approval.
Prior to consideration of a final plat, a lighting plan must be submitted compliant with
regulations outlined in Section 3-2.H ol'the Zoning Ordinance
The applicant shall submit a signage plan compliant with Section 3-9.E2 orthe Zoning
Ordinance.
^" grading, drainage and utility plans and casements arc subject to the review and approval of
the City Engineer.
Recomlnendations of other City stal'e Planning Commission and/or City Council.
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Consideration of approving preliminary plan and final plat for Gould's Addition.
Recommendation: Approve a resolution adopting the preliminary and final plat for
Gould's Addition subject to the addition of drainage and utility easements as required
by the Monticello Subdivision Ordinance.
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F. Consideration of a request for a conditional use permit to allow a drive-through facility
in the Central Community District and to allow joint parking and drives and
consideration of a request for a variance from parking lot standards as required by the
Monticello Zoning Ordinance - Applicant: Master's Fifth Avenue. Recommendation:
Approve the conditional use permit to allow a drive-through facility in the CCD District
and to allow for shared parking and drives subject to the conditions noted below based
on the findings that the application would comply with the City's Comprehensive Plan,
Downtown Revitalization Plan and long-term development goals for the area.
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The applicant nlust submit a revised landscape plan showing screening of the parking and drive-
through areas from adjacent properties and the public street. All proposed parking lot islands
must also he landscaped.
The applicant shall construct the on-street angled parking spaces at his own expense, and pay a
fee to the general downtown parking fund in order to ensure that adequate and required parking
is provided.
On-street parking areas shall be redesigned to show the corner between the on-street parking
areas as 40 feet form the corner to the curb and to remove all handicap stalls from the on-street
areas to the off-street parking area.
The applicant must submit proposed building materials, subject to City staff approval. Material
changes to the building quality or landscaping shall require further review by Planning
Commission and City Council.
The applicant shall install street lights along Third Street and Locust Street consistent with the
existing ornamental street lighting pattern.
The applicant shall submit a detailed signage plan upon building permit application which is
consistent witb the City's Downtown Revitalization Plan and Section 3-9 ofthe Zoning
Ordinance.
All easements, grading, drainage and utilities are subject to the City Engineer's review and
approval.
Recommendations of other City statT. Planning Commission and/or City Council.
G. Consideration offinal plat of 90th Street 3'd Addition. Recommendation: Adopt a
resolution approving the final plat of 90th Street 3rd Addition.
H. Consideration of a request for a ConditionallJse Permit for a Concept Stage Planned
Unit Development for a multi- and single-family residential development. Applicant:
Ocello, LLC. Recommendation: Approve a conditional use permit for concept stage
PUD based on the comments from the staff report for the September 6, 2005 Planning
Commission meeting based on the finding that the concept stage PUD is consistent with
the Comprehensive Plan.
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Consideration to adopt a resolution approving the elimination of parcels from TIF
District No. 1-22 located within Central Monticello Redevelopment Project No.1.
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Recommendation: Adopt a resolution approving the elimination of parcels from TIF
District No. 1-22 located within Central Monticello Redevelopment Project No. I in the
City of Monticello.
Items #5C, #5D,#5F and #5H were pulled from the consent agenda.
GLEN POSUST A MOVED TO APPROVE THE CONSENT AGENDA WITH JTEMS #5C,
#5D,#5F AND #5H BEING REMOVED. WAYNE MAYER SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
6. Consideration of items removed from the consent al!cnda for discussion.
#5C Liquor License - Lions Club: Glen Posusta stated he pulled this item because he wanted
to highlight this fund raising event for Sight First, a non-profit organization which provides
eyeglasses and eye operations for those who need them.
GLEN POSUST A MOVED TO APPROVE THE TEMPORARY LIQUOR LICENSE fOR 3/2
BEER TO THE MONTICELLO LIONS CLUB FOR SEPTEMBER 23, 2005 AT PIONEER
PARK. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSL Y.
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#5D: Conditional Use Permit - Blue Chip Development: Sheila Nelson, 4762 Eagle Ridge
Lane stated that when they purchased their house they were told that this property would be
used for a wildlife sanctuary and they object to any development taking place on the site unless
the site is fenced. The fence would provide protection to the wildlife and would eliminate the
noise from the proposed development.
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Clint Herbst questioned who supplied them with the information that the site was to be used for
a wildlife sanctuary as he was concerned about misinformation being given out.
Bret Weiss indicated that Ms. Nelson was referencing the ponding area adjacent to her property
and the development is not going to change the fact that the area is used as a ponding area and
nothing is going to be constructed in the ponding area. Glen posusta indicated that the
developer is going to be putting up a berm and planting trees.
GLEN POSUSTA MOVED TO APPROVE THE PRELIMINARY PLAT FOR BLUE CI-HP
DEVELOPMENT WITH CONDITIONS NOTED BELOW BASED UPON TIlE FINDINGS
TIIAT THE PROPOSAL WOULD COMPLY WITH THE CITY'S COMPREHENSIVE
PLAN AND LONG-TERM DEVELOPMENT GOALS FOR THE AREA AND TO
APPROVE THE CONDITIONAL USE PERMIT I'OR CONCEPT AND DEVELOPMENT
STAGE PUD WITH CONDITIONS NOTED BELOW AND BASED ON A FINDING TI IAT
THE USE IS APPROPRIATE FOR THE ZONING DISTRICT AND THE PROPOSED SITE.
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The applicant shall provide proof that there will be no substantial conflict in the operating hours of the
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Council Minutes ~ 9/12/05
buildings who are proposing to share parking facilities.
All parties involved in the joint parking agreement shall execute a contract approved by the City Attorney
and filed with the County Recorder.
Applicant shall propose an alternate parking lot configuration for the new building that would provide
better circulation and drainage subject to City stalf review and approval.
The landscape plan must be revised to show the required number ofplantings for the overall site as well
as the residential buffer yard subjcct to City staff rcview and approval.
The applicant must submit plans showing thc proposed locations and dimensions of any outdoor storage,
if any, as well as the location and screening materials for trash enclosures subject to City stalf approval.
Prior to consideration of a final plat, a lighting plan must be submitted compliant with regulations outlined
in Section 3-2.11 of the Zoning Ordinance.
The applicant shall submit a signage plan compliant with Section 3-9.E.2 of the Zoning Ordinance.
All grading, drainage and utility plans and easements are subject to the review and approval of the City
Engineer.
Recommendations of other City staff~ Planning Commission and/or City Council.
TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
#5F Master's Fifth A venue Conditional Use Permit: Wayne Mayer questioned #7 on Exhibit
Z asking ifthe review was going to be done by the new city engineer or WSB. Clint Herbst
responded that if the new engineer felt comfortable doing the review he could do it or any
overflow could go to WSB & Associates.
Glen Posusta stated that while he would like to see the project go forward, he questioned the
parking situation. If the project goes forward it should go forward with the required parking
stalls. He felt if the angled parking was done on the east side of Locust Street as well as the
west side of Locust Street and Third Avenue it should provide the required parking spaces.
Brian Stumpf felt that angled parking was not appropriate in a residential area. In addition the
residents would have to give up an additional 7' of land in order for angled parking to he
constructed and he didn't think the property owners would he wining to do that. Clint Herbst
shared the concern about adequate parking in this area.
John Simola, Puhlic Works Director, indicated that money collected for parking stall
deficiencies docs not cover the cost of acquiring any land for parking. City Planner, Steve
Grittman reviewed the parking calculations for the development and had come up with a
parking stall deficiency of S stalls. It was discussed whether agreements could be made with
any of the nearby commercial properties for shared parking. Glen posusta didn't feel it was the
City's responsibility to purchase additional land for parking.
Jeff O'Neill stated that although there were still 8 stalls short it bettered the deficiency fi:om
what it was. Clint Herbst disagreed with that comment stating he felt they should have the
required parking and he didn't feel the City should have to drum up parking spaces for these
developments. Jeff O'Neill stated that the developer had met the parking requirements for this
phase and had corrected some of the parking deficiency created in the first phase. Clint Herbst
reiterated that while the Council felt this was a good project the parking situation was a major
concern.
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Brad Johnson representing Barry Fluth stated that he felt the parking situation was greatly
improved over what it was betl1re. He stated the parking will be sufficient for the size building
they are constructing. lie noted that in most downtown areas there are a number of restaurants
and limited parking so customers have to walk. Clint Herbst asked if any parking stalls were
given up for the drive-through. Brad Johnson indicated no parking stalls were lost because of
the drive-through.
The Council commented on the landscape plan where the arrows show the tratTic lanes in the
development and questioned whether the area by the existing garage was wide enough to allow
traffic to freely move in and out. It appeared to be only enough room to allow one car to pull in
or back out. Glen Posusta stated that the City had taken great pains on the Monticello Travel
Center site making sure that standards were met for access and the City seems to be abandoning
those standards here. Brad Johnson indicated the area in question would be designated as
employee parking. Brad Johnson stated they are requesting approval of the conditional use
permit for the drive-through facility and if the variance Il)f parking is required, they will come
back for that at a future date. Clint Herbst felt the developer should make some contact with
the commercial properties for shared parking. He also added that Exhibit Z should include the
notation of the area designated for employee parking.
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GLEN POSlJSTA MOVED TO APPROVE 'I'HE CONDITIONAL USE PERMIT TO ALLOW
A DRIVE-TlIROUGII FACILITY IN THE CCD DISTRICT AND TO ALLOW FOR
SHARED PARKING AND DRIVES SUBJECT TO TI--IE CONDITIONS NOTED BELOW
AND BASED UPON THE FINDING THAT THE APPLICATION WOULD COMPLY WIT I I
THE CITY'S COMPREHENSIVE PLAN, DOWNTOWN REVITALIZATION PLAN AND
LONG-TERM DEVELOPMENT GOALS FOR THE AREA AND TIIA T AN EFFORT BE
MADE TO FIND ADDITIONAL PARKING FOR THE DEVI.:LOPMENT.
1. The applicant must submit a revised landscape plan showing screening of the parking and drive-through
areas from adjacent properties and the public street. All proposed parking lot islands must also be
landscaped,
2_ The applicant shall construct the on-street angled parking spaces at his own expense, and pay a fee to the
general downtown parking fund in order to ensurc that adequate and required parking is provided_
3_ On-street parking areas shall be redesigned to show the corner between the on-street parking areas as 40
feet form the corner to the curb and to remove all handicap stalls from the on-street areas to the off-street
parking area.
4. The applicant must submit proposed building materials, subject to City stafT approval. Material changes to
the building quality or landscaping shall require further review by Planning Commission and City
Council.
5, The applicant shall install street lights along Third Street and Locust Street consistent with the existing
ornamental street lighting pattern,
6, The applicant shall submit a detailed signage plan upon building permit application which is consistent
with the City's Downtown Revitalization Plan and Section 3-9 of the Zoning Ordinance,
7, All casements, grading, drainage and utilities are subject to the City Engineer's review and approval.
8. Recommendations of other City staff Planning Cornmission and/or City Council.
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TOM PERRAULT SECONDED TI-IE MOTION. MOTION CARRIED UNANIMOlJSL Y.
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#5H Oce/lo PUD Residential Development: Tom Perrault stated he pulled this item hecause of the
1 3.3 acrcS of proposed park land dedi catiou which he felt was too much land. He felt the developer
should have a cash in licu of land dedication noting that the City was getting ballflelds with the
Insignia Development. A cash dedication would allow the developer to use the land for additional
housing units.
Brian Stumpf stated he thought the City's goal was to reduce the numher oftownhome units. The
proposed development would consist of372 housing units of which 61 would be single family lots. He
also asked ahout access to TH 25. Bret Weiss indicated that there will be an access point at the
Featherstone development that will tie into a frontage road. The Kjellberg access will no longer exist.
The frontage road is being proposed for 2009.
Wayne Mayer said iftbe number oftownhomes proposed arc allowed to go in then he disab"eed with
Council member Perrault about the need for park land. Glen posusta stated he didn't have a problem
with the park land, he personally would rather have the developer keep the park land, construe! the park
and maintaio the park rather than having the City owning it and maintaining it.
Shawn Weinand addressed the green space stating that a 6 'I, acre parcel under the power line is being
used for ponding and that there are some additional grceo areas located within the plat. They are not
aski ng that the 13.3 acres 0 r park be taken from the 6"een space. They would be willing to accept a
cash park dedication. He also spoke ahout the layout of the lots and stated the plan they presented
provided a better transition from single family to high density. He also stated that based on the
comprehensive plan, their development is on the low side as far as density. He felt their layout
provided a nice interface into the lnsignia project.
Clint Herhst stated that while the Council was nervoUS about the density proposed by the development
assurances that the housing would be high quality upscale would dissuade some of their fears. Glen
posusta asked if the developer could give any assurance that the g,plexes would not become rental
units. Shawn Weinand stated that while it was not the intent of the developcr for this to hecome a
rental project, he could not give assurances that these units would not be rental. lie added that the
developer is making a major commitment to funding of School Boulevard so he would like to see the
density of units retained. He noted that being located adjacent to a mobile home park and the water
tower is not necessarily conducive to marketing of the site.
Wayne Mayer stated his concern is the number of units and the ratio of multi, fami I y units to single
family units. lie stated the under the old comprehensive plan this may have met the requirement but he
is still concerned ahout the ratio of townhomes to single family lots.
BRIAN STUMPF MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR CONCEPT
STAGE PUD FOR A RESIDENTIAL DEVELOPMENT BY OCELLO, LLC. BASED ON
COMMENTS FROM THE STAFF REPORT FOR THE SEPTEMBER 6, 2005 PLANNING
COMMISSION MEETING BASED ON THE FrNlJlNG THAT THE CONCEPT STAGE PUD IS
CONSISTENT WITII THE COMPREHENSIVE PLAN. GLEN POSUSTA SECONDED TIlE
MOTION. MOTION CARRIED WITH W A YN E MA YER VOTING IN OPPOSITION.
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Economic Developmcnt Director, Ollie Koropchak provided backgrouod infurmation. At the
last meeting the Council opened the public hearing on the establisbment of a taX increment
district and continued the public hearing until 1his meeting in order that study to determine
whether the district qualifies as a redevelopment district could be completed.
The study indicated that 1he three lots located at Locust and Third Street do qualify as a
rcdevelopment district. The lots meet the criteria for tbe coverage test which requires that 15%
ofthe parcels must bc covered by improvcments, such as a house and 70% oftbe parcels has to
be considered substandard. An ofthe lots met the \5% coverage staodard and twO of1he three
houses met the 70% covcrage being substandard.
Clint Herbst stated hc did not feel comfortable with moving aoy of the houses from this site to
another site within the City and be felt stroogly enough about this to vote against tbe
establishment of a T\F district if any ofthe houses were goiog to be movcd to another spot
within tbe City. Glen Posusta stated that hc believcd Ollie Koropehak had stated at a meeting
that tbe property was bligbted property. Ollie Koropchak stated that a certain percentage of the
housing had to be substandard in order to qualify as a redevelopment district. Glen posusta
agreed tbat lW assistaocc should oot be given to belp mOVC these houses to aoother sitc in the
City. Ollie Koropchak pointed out tbat the house that was beiog moved waS not substaodard.
Brian S tum P f asked about the life of the TlF district. Ollie Koropchak indicated that it was 25
years for a redevelopment district.
W ayne Mayer asked if language could be added to the resolution which would condition
approval if the houses were uot relocated to another site in the City. Brad Johuson responded
that by state I aW you canUO t prohi bi t certain typcs of housing from bei ug moved into the City.
Clint Herbst stated the Council does not have to approve the TIF District and Mr. Johnson
qucstioned whetber the relocation of tbe house was valid grounds for denying approval. He
added tbat aoy bouse that is moved ioto 1he City must meet all the code requirements oftbe
City.
Ollie Koropcbak stated that tbe bouse that is proposcd to bc moved would be going on a vacant
lot. This would increase the tax base ofthe lot that the hoose is moved onto and thc valoe of
the lot that thc house is being removed from would also increase in value because o{the
redevelopment.
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When asked his opinion, Tom Scott, City Attorney indicated that the Council could approve the
resolution establishing the T\F district with the condition that the houses not be movcd to
another site within the City. Glen Posusia said if the developer was not using TIF funds, he
could do whatcver he wanted with the housCS but becausc the City was providing linancial
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assistance, they should be able to put conditions on it. Tom Scott said the City has the right to
control the relocation of the houses. He suggested the developer sign a document agreeing to
the fact that none of the houses will be relocated in the City and require the developer to enter
into a legal agreement to meet that condition.
Mayor Herbst dosed the public hearing.
BR1AN STUMPF MOVED TO APPROVE A RESOLUTION ADOPTING THE
MODIFICATION TO TIlE REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO
REDEVELOPMENT PROJECT NO.1 AND ESTABUSHING TIF DISTR1CT NO. 1-35
THEREIN AND TBE ADOPTION OF THE PLAN THEREFOR WITH THE CONDITION
THAT THE THREE IIOMES IN THE REDEVELOPMENT AREA ARE NOT RELOCATED
TO AN011IER SITE WITHIN THE CITY AND THE DEVELOPER ENTERS INTO AN
AGREEMENT WlTH THE CITV TO COMPLY W1TH TEAT CONDITION. WAYNE
MAYER SECONDED ll-IE MOTION. MOTION CARRIED UNANIMOUSLY.
8.
Public Hearin J on consideration of vacation of 7th Street ri ht-of-wa
Church of St. Henrv's.
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Because of the developmcot of the Ryan project and based on tbe agreement with the Cburch of
St. Henry 7th Street is proposed to be realigned and the old right of way for 7th Street is
proposed to be vacated.
Mayor Herbst opened the public hearing on the proposed vacation of 71h Street. No one was
present who spoke for or against tbe proposed vacation. Mayor Herbst tben closed the public
hearing.
JelT O'Neill stated that the plat for this area would be coming before the Council in October.
TOM PERRAULT MOVED ADOPT A RESOLUTION VACATING THAT PORTION OF
7TH STREET AS DEDICATED IN THE PLAT OF THE CHURCH OF ST. HENRY
CONTIN GENT UPON APPROVAL OF THE NEW PLAT DEDlCA TIN G TH E RIGHT OF
WAY FOR THE REALIGNED 7TH STREET. GLEN POSUS'rA SECONDED THE
MOT10N. MOTION CARRIED UNANIMOUSLY.
John Simola asked if the City has been given authorization to enter on to the property. Staff
will verify if a right of entry has been granted by the church.
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and vacation of
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Mayor Herbst opened the public hearing on the vacation of a portion of the Cedar Street right of
way and vacation of drainage and utility easements in the plat of Monticello Travcl Center. No
one was present to speak for or against the proposed vacation.
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Council Minutes ~ 9/12/05
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GLEN POSUST A MOVED TO CONTINUE THE PUBLlC HEARING ON THE PROPOSED
STREET AND EASEMENT V AC~TION UNTIL THE SEPTEMBER 26, 2005 MEETING.
WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
Consideration of recommendations forthcomin from worksho on biosolids.
The Council discussed having this item come back before the Council in a workshop session.
Octobcr 10,2005 at 5:00 p.m. is thc datc for the workshop.
10.
11. Consideration of annual sidewalk ins ection.
Poblic Works Director. John Simola presented the annoal sidewalk inspection rcport. He talkcd
about modifying the current standard of I/4" vertical rise. While changing tlie standard to 3/8"
or y," might rcduce the number of sidewalks panels that would need to replaced or repaired, it
would increase the potential for tripping or hitting it with snow removal cquipment.
Cileo posusta asked if it was possible to grind offthe 1/4" rise. John Simola provided
ioformatioo on the cost of doing that. Those paoels that could oot be groood down could be
mudjackcd.
BRIAN STUMP]' MOVED TO ACCEPT THE SIDEWALK REPORT AS DRAFTED AND
AUTHORIZE PUBLlC WORKS DEPARTMENT TO TAKE THE NECESSARY ACTION
BASED ON THE EXISTING INSPECTION CRITERIA FOR REPAIRING AND
MONITORING THE SJIJEW ALKS AND TO IlA VE THE CITY ADMINISTRATOR,
PUBLIC WORKS DIRECTOR AND CITY ENGINEER LOOK AT TilE SCARIFIER
DEMONSTRATION AND IF THEY FEEL IT IS APPROPRIATE FOR USE TO PURCHASE
TilE EQUIPMENT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
Review of multi Ie drivewa situations in the Core Street Construetion Pro' ect and
consideration of public hearinl! to deal with same.
John Simola reported that there are approximately five places in the Core Street Project area
with multiple driveways. Two ofthesc multiple driveways predate thc annexation and the
establishment of the city's ordinances and therefore he felt would be consi dered as
grandfathered in. In the remaining cases he felt the multiple driveways could be remuved
because it is a violation of the city ordinance John Simola suggested calling for a public
hearing at which time those residents could speak to why the multiple driveways should remain.
John Simola noted that if the multiple driveways are allowed to remain it could impaet the way
the property is assessed for street improvements. Under the Core Street project properties were
asscssed based on number of driveways.
John S i mo la also noted a numher of fences that were hui It that ene roach on C it Y right 0 f way
which is also a violation of city ordinaoce aod the fences should be removed. It was suggested
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council Minutes - 9/12/05
that those fences that pre.dated annexation and the city ordinances could be left and wben they
had deteriorated in condition they could be removed. lohn Simola stated tbat what is
considered deteriorated could be a subjective thing and Suggested tbe council set a speciftc
time frame for removal.
Clint Herbst felt if a multiple driveway was allowed they should be assessed as another unit
because the lot could be split off and sold at some point in the future. It was noted tbat the next
item on the agenda also related to a request for a variance to alloW a multiple driveway. John
Simola stated he felt that multiple driveways should be regulated by an amendment to the
ordinance rather tban by granting a variance. He indicated that he had talked to Dick Frie, the
Planning Commission chairman regarding this matter. lohn Simola stated that he would be
appealing the Planning Commission's decision to grant a variance for a second driveway
access.
Clint Herbst said if they are going to alloW second driveways the driveways have to hard.
surfaced
WAYNE MAYER MOVED TO CALL FOR A PUBUC HEARING AT WHICH TIME THE
CITY CAN PRESENT ALL Of THE [NfORMA TION REGARDING nlIS ISSUE AND
RECEIVE TESTIMONY fROM CONCERNED ClTlZENS AND PROPERTY OWNERS
AND AFTER THE pUBLIC HEARING MAKE A DECISION ON WHlCH WAY TO GO
wrrH A TENTATlYE DATE OF SEPTEMBER 26, 2005 FOR THE pUBLIC HEARING.
GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY
13.
consideration of are uest for a eonditional use ermit for a 896 s . ft. detaehed
strueture and a varianee for seeonda drivewa in an R-I Zonin District.
A lieant: Riehard Bastien central Mason & Conerete.
It was Suggested that this item be tabled until after the public bearing on the appeal oflhe
variance which has been scheduled for September 26,2005.
TOM PERRAULT MOV ED TO TABLE ACTION ON THE REQUEST FOR A
CONDITIONAL USE PERMIT FOR RICHARD BASTIEN CENTRAL MASONRY AND
CONCRETE UNTIL SEPTEMBER 26, 2005. WAYNE MAYER SECONDED THE
MOTION. MOTION CARRIED UNANlMOUSLY.
Trailer for Street Pep"rtrnent _ Tom Moores requested Council approval to purchase a trailer for the
Street Department for hauling the roller. The money for this purchase had been budgeted but tbe
Council has requested to review this type of purchase even though funds were budgeted.
~dded HenlE-
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BRIAN STUMPF MOVED TO APPROVE THE PURCHASE OF THE TRAILER. TOM
PERRAULT SECONDED THE MOTION. MOTION CARRIED UN ANIM01JSL Y.
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council Minutes ~ 9/12/05
John Simola said he would like permission to cut up the old trailcr for scrap.
Hardeour/for 4'" Street Park: $25,000 was budgeted for this improvement. It is proposed to surface
the rink area so that it can be used for basketbaH in the summer and can stiH be flooded for use in the
wi ntcr.
CLINT HERBST MOVED TO AUTHORIZE THE JNSTALLA TJON 01' THE HARDCOURf FOR
THE FOURrH STREET PARK. BRJAN STUMPI' SECONDED 11m MOTION. MOTION
CARRIED UNANIMOUSLY.
Approval of items with contingencies or Exh ibit Z: Wayne Mayer was concerned about items
appearing on the consent agenda with a list of items noted in Exhibit Z or being approved witb
contingencies. He noted that passing these items with the lists of conditions meaus that staff wi1\ have
to follow up and make sure the conditions are met which adds to the existing work load. Wayne Mayer
felt these items should he taken care of before they come before the Council. Jeff O'Neill said on
PUD's thc items on Exhibit Z are not as critical as with the conditional use permits. In addition
waiting until all the items are complete slows the proccss down. Clint Herbst said the Council has to
make sure that these projects comc out the way they should. John Simola stated he had talked to
Dick Frie who was also concerned that these conditions are being followed up on. Jeff o'Neill stated
that if staff holds finn to their deadlines, the Council has to keep that in mind when developers
complain that staff is difficult to work with.
Disaster Shelters: Clint Herbst stated that with the Hurricane Katrina disaster government officials
have come undcr heat about disaster preparedness. He noted that the trailer parks are suppose to have
stann shelters. He would like to verify that the shelters exist and are usable and perhaps set up a
program of regular inspection.
City Employees _ Out.,ide employment: Clint Herbst specifically cited the Building Offrcial as an
example of a city employee who is also employed outside his city position. His concern is whether an
employee can work forty hours for the city and still be able to handle outside employment especially if
the outside employment is during the samc hours of city employment. He thought that this issue needs
to be addressed. Brian Stumpf indicated he was a little bit disturbed that the issue came up in this
fashion at an open meeting of the Council and fur that reason would not comment on the issue. Tom
Scott cautioned that while the Council could discusS policy, discussion on personnel issues should
remain general. Clint Herbst stated he brought the issue up so he could get a consensus of the Council
if this was an issue that should come before the Personnel committee
WAYNE MAYER MOVED THAT PERSONNEL COMMITTEE LOOK AT THJS ISSUE AND GET
APPROPRIATE LEGAL COUNSEL ON OPTIONS THE CITY HAS AVAILABLE AND THEN
BRING THE ITEM BACK TO THE HILL COUNCIL. TOM PERRAUU SECONDED THE
MOTION NOTJNG THAT IF THERE IS ANY NEED FOR A CLOS ED M EET]NG THAT TH E
CLOSED MEHING BE HELD AT 6 p.M. BEFORE THE REGULAR COUNCIL MEETING.
WAYNE MAYER AMENDED H]S MOTION TO JNCLUDE SPECIFYING THE TIME FOR ANY
NEEDED SPECIAL MEETING. MOTION CARRlED WITH BRIAN STUMPF VOTING IN
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Council Minutes - 9/12/05
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OPPOSITION.
Wayne Mayer said unfortunately sometime it is difficult to discuss things in an open forum.
The Counci I indicated they would consider the approval of bills and then enter into the closed meeting.
14. Consideration of enterin into a closed meetin
reg:ardinl; A VR (Apple Vallev Redi-Mix)
At 9:20 the Mayor, Council, City staff, City Engineer, Bret Weiss and legal counsel went into
closed session to discuss pending condemnation of the A VR site.
15. Consideration of approvin2: bills for September.
Glen posusta asked about the bill for the fence work at I-lillcrest Park. I Ie asked that the bill be
pulled since there was some corrective work to be done.
CLINT HERBST MOVED TO APPROVE PAYMENT OF THE BILLS WITH THE
REMOVAL OF THE STATEMENT FROM OBERG FENCE. WAYNE MA YER
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
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16.
Adiourn
Upon completion of the closed meeting at 10:05, the Council went back in to regular session
and closed the regular Council meeting.
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Recording Secretary
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MINUTES
SPECIAL MEETING - MONTICELLO CITY COUNCIL
Monday September 12, 2005 - 4 p.m.
Members Present:
Clint Herbst, Tom Perrault, Glen Posusta and Brian Stumpf
Members Absent:
Wayne Mayer
Mayor Ilcrbst called the workshop to order at 4 p.m. Representatives from Bolton and Menk and
Veolia Water (contract operators of the wastewater treatment plant) were present to review and discuss
in greater detail the information provided in the report by Holton and Menk on biosolid options.
At the present time the City's process does not produce Class A biosolids. In addition the land area
the City owns for biosolids disposal is no longer adequate. With the population of the City expected to
double in 15 years biosolids storage capacity needs to increase as well.
Bob Brown from Holton and Menk reviewed the City's existing facilities and their capabilities. In
looking at biosolids treatment a number of alternatives were considered: 1) Thermophilic anaerobic
digestion (TPAD); 2) Autothermal thermophilic aerobic digestions (ATAD); 3) Heat and lime
treatment; 4) '!'hermal drying; 5) Composting and 6) Pasteurization. l30b l3rown outlined the pluses
and minuses of each system.
The thermal drying method originated in Europe and is currently a numher of larger cities in the
United States use this method for handling their biosolids. This method produces Class A biosolids,
reduces the volume ofbiosolids, the process requires minimum space and produces a product that is
easily handled.
A TAD was the another option that was considered and like thermal drying it produces Class A
biosolids but this option would require that the City obtain additional land for application of the
biosolids.
The study also considered continuing with the existing facilities fix biosolids treatment. Under this
option, the City would not be able to produce Class A biosolids, anaerobic digesters and storage
facilities would need to he expanded and the City would need to acquire additional land for application
ofthe hiosolids.
It was explained that with Class A biosolids you have a product that can be used by fertilizer
companies, aggregate companies or the biosolids can be incinerated. Permitting requirements fiJr land
application for Class A biosolids is much less restrictive than for Class B biosolids and it was felt that
in the future land application ofbiosolids would become even more restrictive.
It was generally felt that the thermal drying ranked the highest of the options studied. It provided
Class A biosol ids, had the lowest capital costs, more f1exibility in the method of disposing of the
biosolids, greatest volume reduction, less restrictive permitting requirements, flexibility for future
expansion and no additional land is required for biosolids disposal.
Chuck Keyes, the WWTP plant operator presented information on their search for possible sites fiJr
land appl ication of the Class 13 biosolids that the City currently produces. He also provided
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information on the cost of landfilling the hiosolids. He point out that the landlilling option would he
considered as a temporary option to be used until the City selected a long term option.
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The Council was updated on the status of a proposal to have a regional facility for biosolid treatment.
A number of communities have gone on their own rather than opting for a regional facility. Bob
Brown noted that with a regional facility it is important to have good operating agreements among the
cities involved.
The Council also discussed phasing in of a system for biosolids treatment. Different interim options
were reviewed. Brian Stumpf felt a decision needed to be made soon and he was leaning toward the
heat dryiog option rather than going with interim solutions. Clint Herbst felt the item should be tabled
because there was additional information that was needed such as how a selected treatment option
could be phased in, the costs for any interim options and realistic lands costs.
The workshop meeting was closed at 6 p.m.
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Recording Secretary
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MINUTES
SPECIAL MEETING _ BUDGET WORKSHOP - MONTICELLO CITY COUNCIL
Monday September 12, 2005 - 6 p.m.
Clint Herbst, Wayne Mayer, Tom Perrault, Glen posusta and Brian
Stumpf
Members Present:
Members Absent:
None
The budget workshop meeting was ealled to order at 6 p.m.
City Administrator, Rick Wnlfsteller reviewed the changes made to ihe 2006 preliminary budget based
on direction received from the Council at the first budget workshop beld on August 29, 2005. The
result is a preliminary tax levy of $6,750,000 which is less than the 2005 levy amount.
It was pointed out that tliis levy amount does not replace the MVHC Aid in the amount of $276,882
that the City lost in 2005 nor will it replace MVHC Aid that the City will be losing in 2006. In
addition $605,693 of surplus bond funds will be used to reduce ihe levy needed for debt payments in
2006.
Rick Wolfsteller explained that at this point the City is not under any levy limits. [fat some future
date the state determines to reinstate levy limits, the fact that the City has been frugal and reduced their
levy amount may hurt them in future levies since the levy limit is hased on a certain percentage over
tbe levy amount of tbe preceding year. He noted that there is continued growth in the community
which increases the tax base but also places greater demand on staff to provide services.
Clint Herbst felt comfortable with the cuts made to come up with a levy of $6,750,000 and was
comfortable wiih using reserve funds for items like ihe salary study. Rick Wolfsteller pointed out that
the Comprehensive plan update and the fiber optics study were shown in ihe capital outlay fund. He
added that revenue from the sale of city owned property in Jefferson Commons goes into the capital
outlay fund.
Rick Wolfsteller stated that the City is not required to hold a Truth in Taxation hearing since the City's
levy did not exceed $7,311,210. However prior to December 15'" the City will have to certify to the
County their fmal budget and levy amount for 2006.
Glen pososta stated that the City like any other business or individual needs to live within its means.
Rick W 01 f ste 1I er stated the City has done a good job of stay in g wi ihi n their budget. Brian S tum pf fe It
the City should increase the levy amount to make up for the loss ofMVHC aid and for that reasoo
would be voting against the approving the preliminary budget.
There was discussion on the equipment purchases for the fire department. Fire Chief Steve Joerg
stated that a committee will be set up to plan future purchases but he anticipates that they may request
purchase ofa pumper in about three years to replace the 34 year old pumper. The Public Works
Department felt they were singled out in the budget cuts since they have a large budget because of
equipment needs. lie emphasized that residents want their streets maintained and kept free of snow
and to do that city staff has to have the proper equipment.
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Tom Moores brought up a request to purchase a trailer for the Street Department. This expenditure
was budgeted for and would replace a homemade trailer that was built a number of years ago. Quotes
were on the state bid with Trueman-Welters having the low bid 01'$3,652. The budget amount was
$3,300 but a 15% increase in steel prices is reflected in the higher bid amount.
Parks Superintendent Adam Hawkinson brought up the installation of a hard court for basketball at the
Fourth Street Parle It is proposed to pave the hockey rink for the hard court area. Paving the rink
area would makc Hooding the rink easier in the winter and allow its use for basketball in the summer.
The budgeted amount for this projcct is $25,000. Thc Mayor indicated he would add approval of the
purchase of a trailer and thc installation of a hard court to the agenda of the regular Council meeting.
GLEN POSUSTA MOVED TO APPROVE THE 2006 PRELIMINARY BUDGET WITH A TAX
LEVY OF $6,750,000. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED
WITH BRIAN STUMPF VOTING IN OPPOSITION AS HE BELIEVES THE CITY SHOULD
LEVY FOR TIlE LOST MVHC AID.
The budget workshop meeting closed at 6:50 p.m.
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Recording Secretary
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TO:
City of Monticello
Monticello School Board
Residents of Cardinal Hills
RE: ConstrUCtion of Pedestrian Crosswalks on School Boulevard
A recent study of pedestrians crossing School Boulevard has brought about a discussion to create a
crosswalk and 8 foot wide paved pathway between 5401 Falcon Avenue and 5421 Falcon Avenue. There
are several concerns that have been expressed by Cardinal Hills' residents. We feel that the current plan
by the city may create safety issues for people of all ages. The proximity of the path in regards to the
ponds on both sides creates a dangerous invitation to the children and unsupervised youth that would be
using the walkway. Children have already ventured into the water and have needed to be pulled out of the
water. We also feel the slope of the pathway would also attract many bikes and skateboardS. Most of the
youngsters are also unsupervised and thus an accident is just waiting to happen.
We offer these alternative ideas:
1).
Construct a 6 foot chain link fence along the south side of School Boulevard, starting at Eider
Lane and continuing to Pelican Lane. The fence would provide a visible barrier and hopefully
discourage crossing in the middle of that section of roadway and trespassing into residents' yards.
Also, there are several young people that seem to hide out in the trees around the pond and
smoke cigarettes. While most of us do not mind an occasional person cutting through our yards,
it does become annoying when twenty to thirty people walk through your yard on a daily basis. It
would also reduce the number of young people that could approach the ponds thus eliminating
the danger of them falling into the ponds.
Construct the crosswalk midway on School Boulevard but do not put in the paved walkway on
the south side of School Boulevard. The reason being that if they choose to cross the road
midway, they would be provided with a safe location to do so.
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2).
3). Iftbe paved walkway between 5401 and 5421 must be constructed, we feel a 6-foot fence on both
sides of the walkway would provide a safe passage for all young people.
Attached, please find a petition that was distributed throughout the neighborhood. Each homeowner was
encouraged to select which plan they felt would best their individual interests. We thank you for your
consideration of this matter.
Sincerely,
The Residents of Cardinal Hills Development
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L\- .:d3
Council Agenda ~ 9/26/05
SA. Consideration of a rovin' neW hires and de artures for MCC Buildin Streets
and Public Works. (R W )
A. REFERENCE AND BACKGROUNIl;.
The Council is asked to ratify the hiring and departures of employees that have occurred
recently at the MCC. Building, Streets and Public Works. As you recall, it is
recommended that the Council officially ratify the hiring of all neW employees including
part-time and seasonal workers.
B. ALTERNATIVE ACTIONS:
I. Ratify the hiring of the employees as identified on the attached list.
C. SlJPIJORTING DATA:
Lists of neW employees.
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NEW EMPLOYEES
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Title
Department
Hire Date
Class
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City Engineer
PW
9/6/2005 Full Time
9/12/2005 Full Time
Name
Hennessey,DJ
Westby, Bruce
~ld9/code InspectO.!.. Building
TERMINATING EMPLOYEES
Name Reason Department Last Day Class
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. pingmann, Neal ~oluntary MCC 8/31/2005 PT
Ebeling, Rachel ~oluntary MCC 8/15/2005 PT
.!jermosillo, Lori Voluntary MCC 8/31/2005 PT
Sawatzke, Clay ~oluntary MCC 8/31/2005 PT
Schaffer, Julia Voluntary MCC 8/31/2005 PT
~choen, Ellen Voluntary MCC 8/31/2005 PT
Foshaug, Ryan Involunta Streets 9/2/2005 FT
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employee council Iist.xls: 9/20/2005
51\ - dc'.=:>
5C.
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A. REFERENCE AND BACKGROUND:
The City approval of the County Cooperative Agreement is required for the CSAH 18/1-
94 interchange. The City Council ordered the construction of this project at the April 11,
2005 Council meeting.
The Cooperative Construction Agreement between Monticello and Wright County is
attached to this item for the Council's consideration. The Council has execnted a
Cooperative Construction Agreement with Wright County at the May 23,2005 council
meeting. The May 23 Agreement addresses only the portion of the Interchange project
currently under construction.
The attached Agreement covers the remaining portion of the CSAH 19/1-94 Interchange
construction project. The limits along CSAH 18 extend from Meadow Oak Avenue to
the BNSF Railroad Tracks including the construction of the interchange.
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B. ALTERNATIVE ACTIONS:
1. Approve the Cooperative Construction Agreement between Monticello and
Wright County for the CSAH 18/1-94 Interchange.
Do not approve the Cooperative Construction Agreement between Monticello and
Wright County at this time.
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2.
C. STAFF RECOMMENDATION:
The City Administrator recommends selecting Alternative No.1.
D. SUPPORTING DATA:
Agreement Number 05-52
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CWoe""'"" m,d ';"I"ng.,"I"wn.gn,."'ng"IL,,cal "tt'ng.<ITe"'t"""", 'nlem" l"I<"IOI.i:3\AON /'IM-CSAH I' 'n'm,h,,"g' A.'h,,"" C"unlV coOP Aw"",,n,-09260.I."''''
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AGREEMENT NO. 05-52
MONflCELLO
CITY OF MONTICELLO
FUNDING P ARTICIP A TION AND CONSTRUCTION AGREEMENT
BETWEEN
THE COUNTY OF WRIGHT
And
THE CITY OF MONTICELLO
For
CONSTRUCTION OF IMPROVEMENTS FOR
CP 86-18-0612
CITY PROJECT No. 2004-01C
CSAH 18/I-94 Interchange - Grading, Bituminous Pavement, Drainage, Signing Lighting, Traffic
Control Signal, Bridge No. 86530, and Utility Improvements
SG- ;2-1
September 2005
K:VJ1546_ovv\dmin\Docs\ConslTUClionAgreement-CityCounty-CSAH 18j94. doc
.
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AGREEMENT NO. 05-52
MONTICELLO
CITY OF MONTICELLO
FUNDING PARTICIPATION AND CONSTRUCTION AGREEMENT
BETWEEN
THE COUNTY OF WRIGHT
And
THE CITY OF MONTICELLO
For
CONSTRUCTION OF IMPROVEMENTS FOR
CP 86-18-0612
CITY PROJECT No. 2004-01C
CSAH 18/I-94 Interchange - Grading, Bituminous Pavement, Drainage, Signing Lighting, Traffic
Control Signal, Bridge No. 86530, and Utility Improvements
SC/ - dO
K:VJ1546_0Mdmin\DOCs\ConstrucliOnAgrttmtnl.CiIYCounlY-CSAH 18~194.doc
September 2005
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COOPERA TIVE AGREEMENT
THIS AGREEMENT, made and entered into by and between the County of Wright, Minnesota,
acting by and through its County Board of Commissioners hereinafter referred to as the "County" and
the City of Monticello, Minnesota, acting by and through its City Council, hereinafter referred to as the
"Ci ty" .
WITNESS TO:
WHEREAS, plans and specifications have been prepared for the improvement of County State
Aid Highway 18 (from Meadow Oak Avenue to the BNSF Railroad), hereinafter referred to as CSAH
18/1-94 Interchange Improvements, and said construction plans are designated as CP 86-18-0612.
The project includes, but is not limited to, pavement removal and replacement, turn lane
construction, curb replacement, storm drainage construction, trail construction, utility improvements,
traffic control signal installation, raised median improvements, bridge construction, and other
miscellaneous improvements within the corporate limits of Monticello, and
WHEREAS, the improvements described herein, are one part of an overall interchange project
that will construct an interchange on 194 and CSAH 18 in Monticello.
Separate agreements between the City and County will cover remaining work to CSAH 18 and
CSAH 39 for the CSAH 18/39 improvements and provisions for the turn back of CSAH 75(from the
CSAH 39/18 intersection to the east).
WHEREAS, a Cooperative Agreement between the County and the City outlines the
responsibilities and financial commitments for the proposed project.
NOW THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD THAT:
Article 1
The City shall construct or cause to be constructed a project meeting state aid standards of
pavement rehabilitation including roadway, utility, drainage, traffic control signal installation at CSAH
18 and 1-94 loops, Bridge No. 86530 carrying CSAH 18 over 1-94, and other miscellaneous
improvements upon or along CSAH 18 within the City limits in accordance with the approved plans and
specifications as prepared by the City's Consulting Engineer and on file at the office of the City Clerk,
and:
Article 2
It is agreed that upon completion of and acceptance of the work as to quantity and qUlillity by the
City, the City's Consulting Engineer shall determine the actual amount that the County will reimburse
the City in accordance with the following funding participation schedule:
1.
CSAH 18/1-94 Interchange Improvements - CP 86-18-0612:
This participation is consistent with Wright County's existing funding policies. The City would
be required to obtain any additional permanent R/W, as required to do the work. It is anticipated
that additional right-of-way will be needed as recorded on the Wright County Highway Right-
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COOPERA TIVE AGREEMENT
THIS AGREEMENT, made and entered into by and between the County of Wright, Minnesota,
acting by and through its County Board of Commissioners hereinafter referred to as the "County" and
the City of Monticello, Minnesota, acting by and through its City Council, hereinafter referred to as the
"City" .
WITNESS TO:
WHEREAS, plans and specifications have been prepared for the improvement of County State
Aid Highway 18 (from Meadow Oak Avenue to the BNSF Railroad), hereinafter referred to as CSAH
18/1-94 Interchange Improvements, and said construction plans are designated as CP 86-18-0612.
The project includes, but is not limited to, pavement removal and replacement, turn lane
construction, curb replacement, storm drainage construction, trail construction, utility improvements,
traffic control signal installation, raised median improvements, bridge construction, and other
miscellaneous improvements within the corporate limits of Monticello, and
WHEREAS, the improvements described herein, are one part of an overall interchange project
that will construct an interchange on 194 and CSAH 18 in Monticello.
Separate agreements between the City and County will cover remaining work to CSAH 18 and
CSAH 39 for the CSAH 18/39 improvements and provisions for the turn back of CSAH 75(from the
CSAH 39/18 intersection to the east).
WHEREAS, a Cooperative Agreement between the County and the City outlines the
responsibilities and financial commitments for the proposed project.
NOW THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD THAT:
Article 1
The City shall construct or cause to be constructed a project meeting state aid standards of
pavement rehabilitation including roadway, utility, drainage, traffic control signal installation at CSAH
18 and 1-94 loops, Bridge No. 86530 carrying CSAH 18 over 1-94, and other miscellaneous
improvements upon or along CSAH 18 within the City limits in accordance with the approved plans and
specifications as prepared by the City's Consulting Engineer and on file at the office of the City Clerk,
and:
Article 2
It is agreed that upon completion of and acceptance of the work as to quantity and quality by the
City, the City's Consulting Engineer shall determine the actual amount that the County will reimburse
the City in accordance with the following funding participation schedule:
1.
CSAH 18/1-94 Interchange Improvements - CP 86-18-0612:
This participation is consistent with Wright County's existing funding policies. The City would
be required to obtain any additional permanent R/W, as required to do the work. It is anticipated
that additional right-of-way will be needed as recorded on the Wright County Highway Right-
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of-Way Plat No. 55. Temporary right-of-way will be needed for construction purposes and
would be the responsibility of the City to obtain. The City will send to the County
documentation of the RJW costs incurred along county highways for this project.
Funding: Participation:
The County cost participation cap for this project, together with the projects CP 86-18-061 and CP 86-
39-061, is $2,000,000.
Roadway and Turn Lane Widening Improvements
Turf Establishment
Surfacing Travel Lanes (wear/non-wear)
Surfacing Paved Shoulders (wear)
Aggregate Base for Reconditioning Improvements to Highway
New Concrete/Bituminous Walk
Curb & Gutter (& entrance pour-backs)
Right-of- W ay (permanent)
Storm Sewer
County
80%
80%
80%
80%
80%
0%
0%
0%
City
20%
20%
20%
20%
20%
100%
100%
100%
.
In conformance with State Aid formula
as defined in the State Aid Manual No.
5-892-600.605
Utility Work (san. sewer and water)
Signing/Striping
Raised Concrete Medians
Traffic Control Signal System Construction
Engineering Services
Mobilization and Traffic Control
Street Lighting
Trail Construction
Bridge No. 86530
0% (* A)
80%
0%
37.5% (*B)
(*C)
(*D)
0%
0%
0%
2. NOTES:
100% (* A)
20%
100%
62.5% (*B)
(*C)
(*D)
100%
100%
100%
A. Watermain, Sanitary Sewer, including all adjustments of castings, will be at 100% City
cost.
B.
The County and City will share in the construction and engineering costs for the traffic
control signal at CSAH 18 and the 1-94 Loops on a 37.5/62.5 basis (not including EVP
system, which is 100% City cost). This is consistent with the present Wright County
Traffic Signal Funding Policy. Mn/DOT will also be participating in the construction
costs for the traffic control signal at CSAH 18 and the 1-94 Loops under a separate
agreement with the City. The traffic control signal at the junction of Highland Way and
CSAH 75 will be at 100% City cost.
.
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of-Way Plat No. 55. Temporary right-of-way will be needed for construction purposes and
would be the responsibility of the City to obtain. The City will send to the County
documentation of the RJW costs incurred along county highways for this project.
Fundine: Participation:
The County cost participation cap for this project, together with the projects CP 86-18-061 and CP 86-
39-061, is $2,000,000.
Roadway and Turn Lane Widening Improvements
Turf Establishment
Surfacing Travel Lanes (wear/non-wear)
Surfacing Paved Shoulders (wear)
Aggregate Base for Reconditioning Improvements to Highway
New Concrete/Bituminous Walk
Curb & Gutter (& entrance pour-backs)
Right-of-Way (permanent)
Storm Sewer
.
Utility Work (san. sewer and water)
Signing/Striping
Raised Concrete Medians
Traffic Control Signal System Construction
Engineering Services
Mobilization and Traffic Control
Street Lighting
Trail Construction
Bridge No. 86530
2. NOTES:
County
80%
80%
80%
80%
80%
0%
0%
0%
City
20%
20%
20%
20%
20%
100%
100%
100%
In conformance with State Aid formula
as defined in the State Aid Manual No.
5-892-600.605
0% (* A) 100% (* A)
80% 20%
0% 100%
37.5% (*B) 62.5% (*B)
(*C) (*C)
(*D) (*D)
0% 100%
0% 100%
0% 100%
A. Watermain, Sanitary Sewer, including all adjustments of castings, will be at 100% City
cost.
The County and City will share in the construction and engineering costs for the traffic
control signal at CSAH 18 and the 1-94 Loops on a 37.5/62.5 basis (not including EVP
system, which is 100% City cost). This is consistent with the present Wright County
Traffic Signal Funding Policy. MnlDOT will also be participating in the construction
costs for the traffic control signal at CSAH 18 and the 1-94 Loops under a separate
agreement with the City. The traffic control signal at the junction of Highland Way and
CSAH 75 will be at 100% City cost. \
B.
.
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The County will not be responsible for certain maintenance provisions upon completion
of a traffic control signal system. Painting, relamping, cleaning of the signal system,
street light maintenance, and power costs to operate the signal and street light systems
will be the responsibility of the City (refer to Article 6 of this agreement).
c.
The City will provide engineering services for the design, right-of-way plat preparation,
construction and administration of the project. The County will not participate in any
engineering costs incurred by the City that are necessary for the City to assess their
portion of the project costs (Feasibility Studies, hearings, legal expenses, etc.). The
County shall reimburse the City for engineering services for the County's portion of the
project base d on the following table. The final reimbursement will be computed using
the appropriate % below times the County's portion only of the contract construction
cost.
From
Over
Over
Over
Over
$0
50,000
100,000
250,000
500,000
thru
thru
thru
thru
thru
$50,000
100,000
250,000
500,000
Indefinite
up to 18%
up to 16%
up to 13%
up to 11 %
up to 10%
of County's Portion
of County's Portion
of County's Portion
of County's Portion
of County's Portion
.
The City's Consulting Engineer shall prepare a preliminary estimate of construction
costs for the City's Consulting Engineer prepared plans for the project. The preliminary
cost estimates shall identify both the City's share and County's share of cost for the
project based upon this funding agreement. This preliminary construction cost estimate
shall be attached to this funding agreement.
It is intended that the work outlined above in Article Two is to be done by a contractor
on a unit price basis through a contract duly let by the City. At such time as the City
awards a contract, the City's Consulting Engineer will prepare a new estimate of the
County's share of the construction cost based on the unit prices bid by the City's
contractor. A copy of such revised cost estimate will be forwarded to the County
Highway Engineer.
D. Mobilization and Traffic Control costs are to be split based on the ratio of County costs
versus the entire project costs.
E. The County will participate in the payment for the initial striping of crosswalks and
pavement markings as outlined on the plan. Maintenance of the cross walk pavement
markings, upon completion of the project, will be the responsibility of the City.
F. Permanent right-of-way acquisition costs are the responsibility of the City. Temporary
right-of-way acquisition costs for any roadway work are the responsibility of the City.
Temporary right-of-way acquisition costs for sidewalk/pathway or utility work are the
responsibility of the City.
Article 3
.
The City will be responsible for all field inspection of materials, quantities, and contractor
performance for the work identified in the plan sheets prepared by the City's Consulting Engineer. The
City shall be responsible for construction staking, inspection of materials, quantities and contractor
May ZOO5
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The County will not be responsible for certain maintenance provisions upon completion
of a traffic control signal system. Painting, relamping, cleaning of the signal system,
street light maintenance, and power costs to operate the signal and street light systems
will be the responsibility of the City (refer to Article 6 of this agreement).
c.
The City will provide engineering services for the design, right-of-way plat preparation,
construction and administration of the project. The County will not participate in any
engineering costs incurred by the City that are necessary for the City to assess their
portion of the project costs (Feasibility Studies, hearings, legal expenses, etc.). The
County shall reimburse the City for engineering services for the County's portion of the
project base d on the following table. The final reimbursement will be computed using
the appropriate % below times the County's portion only of the contract construction
cost.
From
Over
Over
Over
Over
$0
50,000
100,000
250,000
500,000
thru
thru
thru
thru
thru
$50,000
100,000
250,000
500,000
Indefinite
up to 18%
up to 16%
up to 13%
up to 11 %
up to 10%
of County's Portion
of County's Portion
of County's Portion
of County's Portion
of County's Portion
.
The City's Consulting Engineer shall prepare a preliminary estimate of construction
costs for the City's Consulting Engineer prepared plans for the project. The preliminary
cost estimates shall identify both the City's share and County's share of cost for the
project based upon this funding agreement. This preliminary construction cost estimate
shall be attached to this funding agreement.
It is intended that the work outlined above in Article Two is to be done by a contractor
on a unit price basis through a contract duly let by the City. At such time as the City
awards a contract, the City's Consulting Engineer will prepare a new estimate of the
County's share of the construction cost based on the unit prices bid by the City's
contractor. A copy of such revised cost estimate will be forwarded to the County
Highway Engineer.
D. Mobilization and Traffic Control costs are to be split based on the ratio of County costs
versus the entire project costs.
E. The County will participate in the payment for the initial striping of crosswalks and
pavement markings as outlined on the plan. Maintenance of the cross walk pavement
markings, upon completion of the project, will be the responsibility of the City.
F. Permanent right-of-way acquisition costs are the responsibility of the City. Temporary
right-of-way acquisition costs for any roadway work are the responsibility of the City.
Temporary right-of-way acquisition costs for sidewalk/pathway or utility work are the
responsibility of the City.
Article 3
.
The City will be responsible for all field inspection of materials, quantities, and contractor
performance for the work identified in the plan sheets prepared by the City's Consulting Engineer. The
City shall be responsible for construction staking, inspection of materials, quantities and contractor
May 2005
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performance for all utility work and sidewalk/pathway work (water main and sanitary sewer) for which
plans were prepared by the City's Consulting Engineer.
Article 4
The County's portion of the project will be funded through City Bonds. The City and County will
determine a mutually agreeable payback schedule for the bonds.
Whenever it appears the cost of the County participating construction covered under this
Agreement is about to exceed the current amount of encumbered County funds, the City shall notify the
County Engineer in writing prior to performance of the additional County cost participation
construction. Notification shall include an estimate in the amount of additional funds necessary to
complete the County cost participation construction including engineering costs and reason(s) why the
current amount encumbered will be exceeded. The County shall, upon its approval of the additional
County cost participation construction, agree that this action will have the effect of amending this
Agreement so as to include the County's share of the costs of the additional construction.
Should the City cause the performance of additional contract construction which would
otherwise qualify for County cost participation covered under this Agreement, but for which the County
has not previously encumbered funds, that additional contract construction is done at the City's expense.
The City shall provide to the County Engineer an as built plan of the roadway improvements.
The as built plans shall be submitted to the County within six months of the final completion date of the
project.
. The City shall keep records and accounts that enable it to provide the County with the following
prior to final payment to the City by the County:
1. Copies of the City contractor's invoice(s) covering all contract construction.
2. Copies of the endorsed and canceled City warrant(s) or check(s) paying for final contract
construction, or computer documentation of the warrant(s) issued certified by an appropriate
City official that final construction contract payment has been made.
3. Copies of all construction contract change orders and/or supplemental agreements.
4. A certification form signed by the City's Engineer in charge of the contract construction
attesting to the following:
a.
Satisfactory performance and completion of all contract construction in accordance with
County and State Aid approved City plans, specifications and/or special provisions.
b.
Acceptance and approval of all materials furnished for the County cost participation
construction covered under this Agreement relative to compliance of those materials to
MnlDOT's current edition of the "Standard Specifications for Construction."
c.
Full payment by the City to its contractor for all contract construction.
.
Article 5
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performance for all utility work and sidewalk/pathway work (water main and sanitary sewer) for which
plans were prepared by the City's Consulting Engineer.
Article 4
The County's portion of the project will be funded through City Bonds. The City and County will
determine a mutually agreeable payback schedule for the bonds.
Whenever it appears the cost of the County participating construction covered under this
Agreement is about to exceed the current amount of encumbered County funds, the City shall notify the
County Engineer in writing prior to performance of the additional County cost participation
construction. Notification shall include an estimate in the amount of additional funds necessary to
complete the County cost participation construction including engineering costs and reason(s) why the
current amount encumbered will be exceeded. The County shall, upon its approval of the additional
County cost participation construction, agree that this action will have the effect of amending this
Agreement so as to include the County's share of the costs of the additional construction.
Should the City cause the performance of additional contract construction which would
otherwise qualify for County cost participation covered under this Agreement, but for which the County
has not previously encumbered funds, that additional contract construction is done at the City's expense.
The City shall provide to the County Engineer an as built plan of the roadway improvements.
The as built plans shall be submitted to the County within six months of the final completion date of the
project.
. The City shall keep records and accounts that enable it to provide the County with the following
prior to final payment to the City by the County:
1. Copies of the City contractor's invoice(s) covering all contract construction.
2. Copies of the endorsed and canceled City warrant(s) or check(s) paying for final contract
construction, or computer documentation of the warrant(s) issued certified by an appropriate
City official that final construction contract payment has been made.
3. Copies of all construction contract change orders and/or supplemental agreements.
4. A certification form signed by the City's Engineer in charge of the contract construction
attesting to the following:
a.
Satisfactory performance and completion of all contract construction in accordance with
County and State Aid approved City plans, specifications and/or special provisions.
b.
Acceptance and approval of all materials furnished for the County cost participation
construction covered under this Agreement relative to compliance of those materials to
Mn/DOT's current edition of the "Standard Specifications for Construction."
c.
Full payment by the City to its contractor for all contract construction.
.
Article 5
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The City shall be responsible for all snow and ice removal on sidewalks and other boulevardl
bikepath related maintenance outside the curb or street area. The County shall be responsible for routine
snow and Ice maintenance within the curb to curb area of the highway.
Article 6
This article applies to signal system under County jurisdiction (CSAR 75/Righland Way; CSAH
75/CSAH 18/CSAH 39 intersections).
The City shall be responsible for providing the necessary electrical energy for the operation of
the traffic control signals, and any electrical energy for street lights. In addition, the City shall be
responsible for at its cost and expense to (1) relamp the traffic control signals; and (2) clean and paint
the traffic control signals and cabinets; (3) provide, at is costs and expense, the maintenance on
luminaries; and (4) maintain and operate the EVP System. (Emitter units may be installed and used only
on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5
and 169.03.) In the event said EVP System or components are, in the opinion of the County, being
misused or the conditions set forth herein are violated, and such misuse or violation continue after
receipt by the City of written notice thereof from the County, the County shall remove the EVP System,
at the City's expense.
Upon completion of the project; it shall be County's responsibility at its cost and expense to (1)
maintain the signal controller; (2) determine the appropriate signal timing sequence; (3) provide phone
service to the controller for remote servicing; (4) provide for replacement of poles, video detection
equipment, cabinet, etc. if they should be damaged through vehicle collision, etc. (major maintenance).
. The County's responsibilities, listed above, do not apply to the signal systems at 1-94 Ramps and CSAR
18, as these are under MnlDOT jurisdiction.
Article 7
The City shall indemnify, save and hold harmless the County and all of its agents and employees
of any form against any and all claims, demands, actions or causes of action of whatever nature or
character arising out of or by reason of the execution or performance of the work provided for herein to
be performed by the City. The County shall indemnify, save and hold harmless the City and all of its
agents and employees of any form against any and all claims, demands, actions or causes of action of
whatever nature or character arising out of or by reason of the execution of performance of the work
provided for herein to be performed by the County.
Article 8
It is further agreed that any and all full-time employees of the County and all other employees of
the County engaged in the performance by any work or services required or provided for herein to be
performed by the County shall be considered employees of the County only and not of the City and that
any and all claims that mayor might arise under Workmen's Compensation Act of the State of
Minnesota on behalf of said employees while so engaged and any and all claims made by any third
parties as a consequence of any act or omission on the part of said County employees while so engaged
on any of the work or services provided to be rendered herein shall be the sole obligation and
responsibility of the County.
.
It is further agreed that any and all full-time employees of the City and all other employees of
the City engaged in the performance by any work or services required or provided for herein to be
May 2005
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The City shall be responsible for all snow and ice removal on sidewalks and other boulevard!
bikepath related maintenance outside the curb or street area. The County shall be responsible for routine
snow and Ice maintenance within the curb to curb area of the highway.
Article 6
This article applies to signal system under County jurisdiction (CSAH 75/Highland Way; CSAH
75/CSAH 18/CSAH 39 intersections).
The City shall be responsible for providing the necessary electrical energy for the operation of
the traffic control signals, and any electrical energy for street lights. In addition, the City shall be
responsible for at its cost and expense to (1) rei amp the traffic control signals; and (2) clean and paint
the traffic control signals and cabinets; (3) provide, at is costs and expense, the maintenance on
luminaries; and (4) maintain and operate the EVP System. (Emitter units may be installed and used only
on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5
and 169.03.) In the event said EVP System or components are, in the opinion of the County, being
misused or the conditions set forth herein are violated, and such misuse or violation continue after
receipt by the City of written notice thereof from the County, the County shall remove the EVP System,
at the City's expense.
Upon completion of the project; it shall be County's responsibility at its cost and expense to (1)
maintain the signal controller; (2) determine the appropriate signal timing sequence; (3) provide phone
service to the controller for remote servicing; (4) provide for replacement of poles, video detection
equipment, cabinet, etc. if they should be damaged through vehicle collision, etc. (major maintenance).
. The County's responsibilities, listed above, do not apply to the signal systems at 1-94 Ramps and CSAH
18, as these are under MnlDOT jurisdiction.
Article 7
The City shall indemnify, save and hold harmless the County and all of its agents and employees
of any form against any and all claims, demands, actions or causes of action of whatever nature or
character arising out of or by reason of the execution or performance of the work provided for herein to
be performed by the City. The County shall indemnify, save and hold harmless the City and all of its
agents and employees of any form against any and all claims, demands, actions or causes of action of
whatever nature or character arising out of or by reason of the execution of performance of the work
provided for herein to be performed by the County.
Article 8
It is further agreed that any and all full-time employees of the County and all other employees of
the County engaged in the performance by any work or services required or provided for herein to be
performed by the County shall be considered employees of the County only and not of the City and that
any and all claims that mayor might arise under Workmen's Compensation Act of the State of
Minnesota on behalf of said employees while so engaged and any and all claims made by any third
parties as a consequence of any act or omission on the part of said County employees while so engaged
on any of the work or services provided to be rendered herein shall be the sole obligation and
responsibility of the County.
.
It is further agreed that any and all full-time employees of the City and all other employees of
the City engaged in the performance by any work or services required or provided for herein to be
May 2005
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performed by the City shall be considered employees of the City only and not of the County and that
any and all claims that mayor might arise under Workmen's Compensation Act of the State of
Minnesota on behalf of said employees while so engaged and any and all claims made by any third
parties as a consequence of any act or omission on the part of said City employees which so engaged on
any of the work or services provided to be rendered herein shall be the sole obligation and responsibility
of the City.
Article 9
Before this agreement shall become binding and effective it shall be approved by the City
Council of Monticello and it shall also be approved by County Board and such other officers as law may
provide.
IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly
authorized officers and caused their respective seals to be hereunto affixed.
COUNTY OF WRIGHT
CITY OF MONTICELLO
Recommended for Approval:
Recommended for Approval:
County Engineer
.
City Engineer, Monticello
Chair, County Board
Mayor, City of Monticello
County Coordinator
City Attorney, City of Monticello
County Attorney
City Administrator, City of Monticello
Date
Date
Need to attach the final cost split spreadsheet once it is approved by all agencies.
.
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performed by the City shall be considered employees of the City only and not of the County and that
any and all claims that mayor might arise under Workmen's Compensation Act of the State of
Minnesota on behalf of said employees while so engaged and any and all claims made by any third
parties as a consequence of any act or omission on the part of said City employees which so engaged on
any of the work or services provided to be rendered herein shall be the sole obligation and responsibility
of the City.
Article 9
Before this agreement shall become binding and effective it shall be approved by the City
Council of Monticello and it shall also be approved by County Board and such other officers as law may
provide.
IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly
authorized officers and caused their respective seals to be hereunto affixed.
COUNTY OF WRIGHT
CITY OF MONTICELLO
Recommended for Approval:
Recommended for Approval:
County Engineer
City Engineer, Monticello
Chair, County Board
Mayor, City of Monticello
County Coordinator
City Attorney, City of Monticello
County Attorney
City Administrator, City of Monticello
Date
Date
Need to attach the final cost split spreadsheet once it is approved by all agencies.
May 2005
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.
.
Council Agenda - 9/26/05
5D. Consideration of continuinl! the public hearinl! on consideration of vacation of
drainal!e and utilitv easements relatinl! to the plat of Monticello Travel Center 2nd
Addition. (10)
A. REFERENCE AND BACKGROUND
This item previously came before the City Council on September 12t\ in conjunction with
consideration of the preliminary plat, development stage PUD and final plat for
Monticello Travel Center. Due to the Planning Commission's request to continue any
action on approval of the conditional use permit for development stage PUD, staff and the
applicant requested that Council table or continue all related items until the Commission
had a chance to act on the conditional use permit. The Planning Commission tabled the
request in order to be able to review a complete sign plan package, which has been
submitted and will be reviewed at Commission's October meeting. The vacation of
easements and the consideration of other items noted above will be on the October lOth
City Council agenda.
B. ALTERNATIVE ACTIONS
Decision 1: Vacation of drainage and utility easements.
1.
Motion to continue the request for vacation and utility easements as related to
Monticello Travel Center 2nd Addition to the October loth meeting of the City Council.
3. Motion of other.
c. STAFF RECOMMENDATION
Staff recommends Alternative 1 above.
D. SUPPORTING DATA
None.
SD-\.{\
1
Council Agenda ~ 9/26105
.
5E. Consideration of Approvim! Final Pavrnent to Granite Ledee Electrical
Contractors. Inc. for the Trunk Hiehwav 2S at School Boulevard Sienal Svstern
(Citv of Monticello Proiect No. 2004-19C) (WSB)
A. REFERENCE AND BACKGROUND:
The improvements for this project included the installation of a traffic signal system at
the intersection of Trunk Highway 25 with School Boulevard. The project was funded by
the City of Monticello, the State of Minnesota, and assessments to benefited property
owners.
The original construction contract amount was $157,070.00 and the as constructed total
was $156,342.36. The project is now complete and final payment is due in the amount of
$7,775.20. We would recommend final payment to Granite Ledge Electrical Contractors,
Inc. subject to receipt of the final paperwork including:
· Satisfactory showing that the contractor has complied with the provisions of
Minnesota Statutes 290.92 requiring withholding state income tax.
· Evidence in the form of an affidavit that all claims against the contractor by
reasons of the contract have been fully paid or satisfactorily secured.
.
· Consent of Surety to Final Payment certification from the contractor's surety
(attached) .
· Copies of all warranties for materials.
B. ALTERNATIVE ACTIONS:
1. Authorize final payment in the amount of$7,775.20 to Granite Ledge Electrical
Contractors, Inc. for the Trunk Highway 25 at School Boulevard Traffic Signal
System, City Project No. 2004~ 19C subject to receipt of the final paperwork noted
in Item A above.
C. STAFF RECOMMENDATION:
It is the recommendation of the City Administrator that the final payment be authorized
and that the improvement be accepted by the City.
D. SUPPORTING DATA:
1. Copy of Construction Pay Voucher No.3 (Final)
2. Consent of Surety to Final Payment
3. Letter from WSB & Associates, Inc.
.
St-.-qd
r"li!alt7/KlfIYJrdWfl("I,){)()5 ("()I/III:!I ,1gemlal.\"epl lfi,()5IV-:""6.0.'iFIII PU'll1"l1!5Sr:/JliOIBIVlISi!.,'1UlJ.di!("
Sep.2]. 2005. 3:45PM
--. -- ---.)
.
A
.WSB
&~ J1tt;.
GRANITE LEDGE ELECTRICAL CONT,
No, 3 1 2 6 P '. .2!J-04
" .
Owner: City of Monticello Date: 61812005
605 Walnut St
Monticello. MN 55382..1147
For Period: 21112005 to 6/612005 Request No.: 3 . FINAL
Contractor: Granite Ledgo Elootrloal COntractor" Inc.
15436 130th Street
Fore8ton, MN S63S0
Pay Voucher.
Trunk Highway 25 at Sohool Boulevard
Client Contract No,: S.P. 8605-47
Project No.: 01488..78
ClJent Project No,: City Project No. 2004-19C
1- .
'1 Or!;I:1eJ Contract Amount $157,C70.00
I
2 Contract Changes. Addition $0.00
3 Contract Changes - Deduction ($727.64)
4 Revised Contract Amount $156,342.36
5 Value Completed to Date $165,503.96
6 Material on Hand $0.00
7 Amount Earned 5155.503.96
8 Less Retalnag. $0.00
9 Subtotal $155,503.96
10 Las. Amount Paid Previously $147,728.76
- Liquidated Damages $0.00
AMOUNT DUE THIS PAY VOUCHERS NO.3 & FINAL $7,nS.20
I HEREBY CERTIFY THAT A FINAl EXAMINATION HAS BEEN MADE OF THE ABOVE NOTED CONTRACT. THAT THE
CONTRACT HAS BEEN COMPLETED, THAT THE ENTIRE AMOUNT OF WORK SHOWN IN 'THE FINAL VOUCHER HAS
BEEN PERFORMED AND THE TOTAL VALUE OF THE WORK PERFORMED IN ACCORDANCE WITH. AND PURSUANT TO,
THE TERMS OF THE CONTRACT IS AS SHOWN IN THIS FINAL VOUCHER.
Recommended tor Approval by:
wsm~
Approved by OWner:
City of MontIcello
Approved by Contractor:
Granite LedGe Blectrlcal Conuaotora, Inc.
~~Q~~k\\l~J
Sp.c ied Contract pletion Data:
.
Date:
Comment:
5 [ -.. '-\ 3
01488-78 - Pay Vouchers 3
Thursday, September 22,2005
Project Material Status
tern Item Description Units Unit Price Contract Quantity to Current Amount to
~o. Quantity Date Quantity Date
Schedule A
1 2521.501 4" CONCRETE WALK SQ FT $30.00 246 252 0 $7,560.00
2 2531.618 TRUNCATED DOMES SQFT $60.00 24 24 0 $1,440.00
3 2564.618 ZEBRA CROSSWALK WHITE-EPOXY SQFT $6.25 1080 0 0 $0.00
4 2565.511 FULL TACT T CONTROL SIGNAL SYSTEM SIG SYS $137,900.00 1 1 0 $137,900.00
5 2565.601 TRAFFIC CONTROL INTERCONNECTION LUMP SUM $3,600.00 1 1 0 $3,600.00
Totals For Section Schedule A: $150,500.00
Change Order 1
6 2564.618 ZEBRA CROSSWALK WHITE-EPOXY SQ FT $6.25 -1080 0 0 $0.00
7 2564,618 ZEBRA CROSSWALK WHITE-PAINT SQFT $3.80 1080 812 0 $3,085.60
8 2565.602 PEDESTRIAN PUSH BUTTON STATION EACH $339.94 1 1 0 $339.94
9 91230 CURB REMOVAL AND REPLACEMENT LUMP SUM $682.51 1 1 0 $682.51
10 91231 SPARE LED HEADS LUMP SUM $895.91 1 1 0 $895.91
Totals For Change Order 1: $5,003.96
Project Totals: $155,503.96
.
.
5 f:. -- '-~ L-~
20f3
01488-78 - Pay Vouchers 3
Thursday, September 22,2005
.
Project Payment Status
Owner: City of Monticello
Client Project No.: City Project No. 2004-19C
Client Contract No.: S.P. 8605.47
Project No.: 01488-78
Contractor: Granite Ledge Electrical Contractors, Inc.
Contract Channes
No. Type Date Description Amount
C01 Change Order 2/17/2005 Ped PS, curb ramp, spare LEOs & epoxy xwlk. ($727.64)
Change Order Totals: ($727.64)
P ~
avmen .ummarv
No. From Date To Date Payment Total Payment Retainage Per Payment Total Retainage Completed
1 1 0/1 2/2004 11/30/2004 $136,424.75 $136,424.75 $7,180.25 $7,180.25 $143,605.00
2 12/1/2004 1/31 /2005 $11,304.01 $147,728.76 $594.95 $7,775.20 $155,503.96
3 & FINAL 2/1/2005 6/6/2005 $7,775.20 $155,503.96 ($7,775.20) $0.00 $155,503.96
Payment Totals: $155,503.96 $0.00 $155,503.96
Project Sum..lD.!H)'
Material On Hand:
Total Payment to Date:
Total Retalnage:
Total Amount Earned:
$0.00
$155,503.96 Original Contract:
$0.00 Contract Changes:
$155,503.96 Revised Contract:
$157,070.00
($727.64)
$156,342.36
.
.
5 '[..- ~l5
30f3
.
.
.
Bond #GRMN22890A
~~'.'..,rtAIA
...~,S'~~
....,..\.'~'
-
Document G707™ - 1994
Consent of Surety to Final Payment
_.~,~,~......
PROJECT: (Nam.e and address) ARCHITECT'S PROJECT NUMBER:
WSB Project No. 1488-78, SP 8605-47, City
Project No. 2004-19C: Full TrafficOQ!(!jijM~(!I FOR:
Traffic Control Signal System & Traffic Control
Interconnection of TH 25 /School Blvd. & on TH
25 from School Blvd. To Chelsea Rd.,
T~Q~~I6Yq.(.1'Nmld address) CONTRACT DATED: October 12, 2004
City of Monticello
250 E. Broadway, P.O. Box 1147
Monticello, MN 55362-9245
OWNER 0
ARCHITECT 0
CONTRACTOR 0
SURETY 0
OTHER 0
In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the
(Insert name and address of Surety)
Granite Re, Inc.
14001 Quailbrook Drive
Oklahoma City, OK 73134
on bond of
(Insert name and address 0.( Contractor)
, SURETY,
Granite Ledge Electrical Contractors, Inc.
15436 - 1 30th Street
Foreston, MN 56330
, CONTRACTOR,
hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not
relieve the Surety of any of its obligations to
(Insert name and address of Owner)
City of Monticello
250 E. Broadwav. P.O. Box 1147
Monticello, MN 55362-9245
as set forth in said Surety's bond.
, OWNER,
IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date:
(Insert in writing fhe month followed by fhe numeric date and year.)
June 9, 2005
Granite Re, Inc.
(SU~
(Sfgnafure of authorized representative)
Attest:
(Seal):
Jonathan Pate
(Printed l1ame and tifle)
Attorney-in-Fact
CAUTION: You should sign an original AlA Contract Document, on which this text appears in RED. An original assures that
changes will not be obscured.
AlA Documenl G707™ -1994. Copyright@ 1970 and 1994 by The American Institute of Architects. All rights reserved. WARNING; Tl1is AlA'
Document is protected by U.S. Copyright Law and International Treaties. Unauthoriz.ed reproduction or distribution 0" this AlA" Document,
or any porlion of iI, may result in severe civil and criminal penalties, and will be prosecuted to Ihe maximum extent possible under Ihe law,
Purchasers are permitted to reproduce ten (10) copies of Ihis document when completed. To report copyright violations of AlA Contract Documents, e-
mail The American Institute of Architects' legal counsel, copyright@aia.org. 5 r::. _ '--\ '"
A
WSB
Infrastructure I Engineering I Planning I Construction
701 Xenia Avenue South
Suite 300
Minneapolis. MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
. & Associates. lnc.
September 21, 2005
Mr. Rick Wolfsteller, City Administrator
City of Monticello
505 Walnut Street, Suite 1
Monticello, MN 55362
Attn: Dawn Grossinger, Deputy City Clerk
Re: Construction Pay Voucher No.3 (Final)
TH 25 at School Boulevard Signal System
Client Contract No. S.P. 8605-47
City of Monticello Project No. 2004-19C
WSB Project No. 1488-78
Dear Mr. Wolfsteller:
Please find enclosed the final Construction Pay Voucher No.3 (in triplicate) for the above-referenced
project in the amount of $7,775.20. The quantities completed to date have been reviewed and agreed
upon by the contractor, and we hereby recommend that the City of Monticello make final payment to
Granite Ledge Electrical Contractors, Inc. subject to receipt of the following items:
.
1. Satisfactory showing that the contractor has complied with the provisions of Minnesota
Statutes 290.92 requiring withholding state income tax.
2. Evidence in the form of an affidavit that all claims against the contractor by reasons of the
contract have been fully paid or satisfactorily secured.
3. Consent of Surety to Final Payment certification from the contractor's surety (attached).
4. Copies of all warranties for materials.
If you have any questions regarding the above, please do not hesitate to contact me at
763-287-7145.
Sincerely,
WSB & Associates, Inc.
~;;?~~
Rebecca L. Haydon, P.E., p.T.a.E.
Project Manager
Enclosures
.
cc:
Jeff Brown, Granite Ledge Electrical Contractors, Inc.
John Simola, City of Monticello
Bret Weiss, WSB & Associates, Inc.
srb
Minneapolis I St. Cloud
Equal Opportunity Employer
SE ~- ~ I
F;\WPWIM14H8-7KV-'At' vOCJcHER.'iWollcMr 3 F/;uJf Ur Oy.doc
.
SF.
Council Agenda - 9/26105
Approve Chan2e Order No.2 for Cedar Street Reconstruction and 7th Street
Reconstruction (Citv of Monticello Proiect Nos. 2000-18C and 2001-07C) (WSB)
A. REFERENCE AND BACKGROUND:
The Cedar Street and ih Street reconstruction projects have been complete for several years, but
have not been finalled in order to address a surface pavement issue on ih Street. The wear
course was paved in cool weather and has experienced some joint separation on ih Street. While
this has not, and will not, create any major structural concerns or problems, it could be a
maintenance issue. After much discussion with the contractor, we have agreed to reduce their
payment by $10,000 to allow the City to fix these issues in the future.
B. ALTERNATIVE ACTIONS:
1. Approve Change Order No.2 in the amount of -$1 0,000.00 for Bauerly Brothers, Inc.
c. STAFF RECOMMENDATION:
D.
.
.
It is the recommendation ofthe City Administrator that Change Order No.2 in the amount of -
$10,000.00 be approved.
SUPPORTING DATA:
Copy of Change Order No.2
Letter from WSB & Associates, Inc.
st=._q~
F:\dttMlg\'rvOrdprod2005 Council Agel/dalSept J6-05\9-16-05AppraveCO:CedarSt-7th St.tI{){;
SEP-21-2005 15:21 WSB & ASSOCIATES
SEP-21-2005 WED 03:12 PM BAUERLY BROS.
SEP-21-2Ba5 11:18
7635411700
FAX NO, 320 229 3784
P.03/10
p, 03
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,,1"1' ~)~liHli ~iiJ l'I~liIIJ ' 01',..II""I,J:i:J\~!~~F;~lJI~:~:III\lr~lHt:~~)~'~; J':irr:IJ:::
l' ~III :111 I;. : 1;1 j~; I,~ I:. 'I: r ('~I ':"":1 :~ "II~GI, I~~ 1"1.I'I~'\~!1 ;'1:, r::II' I :hl:' :.;~ l, I '~i rl I I ;;L,II. ll~.hU41. ;i:ll,tl,~rti ,~f~J;~tlt.~~~~.lII~~\j ':~M:
..tl\~~/I~t \ "~~~1J'L~l1~Lilj.~~I!L;.'::f!~:.1~~~
CBWI STReeT RECONSTRUCTION AND 7IlI tmm RICtJN5TIltUCTICH
CITY OF MON11Cfil.I.O. WRIGHT COllm'. MlNN~OTA
ern PRo.IKT NOt- ~'tc AND "'OO7C
WI' PRQlIOT Mg. ,....D1
OWNI~:
OITY OF MON'nOELLO
605 WALNUT mDT, ;UITIi ,
NlOHnCC!UO. MN ..
9EPTeIIBER .1,1I1l(1$
CONTRAOTOR:
BAUERl..Y InOTttIAI..I"G-
4717 'HALlOW wOOp bRave Nt!
Sl,UK R,yIDl. PItt M'tl
YOU ARE DIFlECTaD TO MAKE n-tE FOI.l.OWINQ CHANCilEiilN THe CONTAAeT DOOllMENT t:lE$CRIPTIQN;
CONTFlACT QUANTmes API! MOOIFIED AS SHOWN ON THe: ATTACHED oerAIL.
IT IS lNJERSl'OOO YHATTHIS CHANGE ORDER INCI-UDliiS AU. ADDmONAL COSTS AND llME EXTENSIONS WHICH AR~ IN ANY WAY, SHAPE, OR
FOFlM ASSOCIATED WIlll ruE WORK m.eMErmi DeSCRIBED ABOVE.
.CJ'IANGi IN calmliACT PIlle!:
CHAHal! IN OONTRAornME:
.. r
.
OAIGINAa. CONTAAeT PRICE:
PAEVlCUS CHANQE O~aSRS; NO.1
CONTFlACT PAlCE PAtOR TO THIS CHANGE ci~Oett
NiT DECREME' OF THIS CHANGE ORDER:
CONTRACT PRICE wnw AlL APPFtOVI;D Cil-WfGii ORDEAl:
$5U.D7UO
$lD,'752.70
$511,sa, .ao
($10,aoo.oO)
1II1.SS1.5O
OI1lGiINAl. CON'fRACT TIME:
Nm' CHANGE PROM PAEVIOIJS CHANG~ OfIDERS:
CONTAAC1" '1'IWi PAtOR TO THIS Q-IANG~ ORDEFI;
NET INCREASE OF CHANGE OArlER:
CONTRACT TIMEi WITH APPROVSO CHANG. OACIiRS:
6/1512002 ; I
NONe :
GIt 61'2OQ2 ;
NONE
Bl16r.1DD2
1 . ~... J II
~~~-
was & ASBOCIAT)2S, lNO.
I!NI3INif:fI
cp:: ;-. ~:
. CQIIIT Y
John F. Quade-Vice-p.J;estdent
BAUEAL Y I!AOTHI'iRS, INe: '
CONTFtACTOR
~~A~
q Ivi/;;r
DA
CITY AlJIIoUNJSTRA,TOFl
DATE
.
"-'
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5\=-'-\~
.
CEDAR STREET RECONSTRUCTION AND 7TH STREET RECONSTRUCTION
CITY OF MONTICELLO, WRIGHT COUNTY, MINNESOTA
CITY PROJECT NOS. 2000-18C AND 2001-o7C
WSB PROJECT NO. 1338-01
SEPTEMBER 21, 2005
CONTRACT ADDITIONS
Item No. Description
Qty
Unit
Price
Extended Amount
TOTAL ADDITIONS CHANGE ORDER NO.2
$0.00
CONTRACT DEDUCTIONS
Item No. Description
Qty
Unit
Price
Extended Amount
.
DEDUCT FOR PAVEMENT SURFACE REPAIRS
LUMP SUM $10,000.00
$10,000.00
TOTAL DEDUCTIONS CHANGE ORDER NO.2
$10,000.00
TOTAL ADJUSTMENT TO ORIGINAL CONTRACT AMOUNT
($10,000.00)
~
~
s~-so
Page 2
F:IWPWINl133S-Q1IExce/ICO 2.xlsC02 Detail
~
WSB
.
& Associates, Inc.
Infrastructure I Engineering I Planning I Construction
701 Xenia Avenue South
Suite 300
Minneapolis. MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
September 22, 2005
Mr. Rick Wolfsteller, City Administrator
City of Monticello
505 Walnut Street, Suite 1
Monticello, MN 55362
Attn: Dawn Grossinger, Deputy City Clerk
Re: Change Order No.2
Cedar Street and 7th Street Reconstruction Projects
City of Monticello Project Nos. 2000-18C and 2001-07C
WSB Project No. 1338-01
Dear Mr. Wolfsteller:
.
Please find enclosed Change Order No.2 (in triplicate) for the above-referenced project for your
review and approval. The decrease to the original contract amount is $10,000.00, resulting in a
revised contract total of $561,831.30. This change order deduct will be included with the next
construction pay voucher processed. We hereby recommend that the City of Monticello approve
Change Order No.2 for Bauerly Brothers, Inc.
If you have any questions regarding the above, please do not hesitate to contact me at 763-287-
7190.
Sincerely,
WSB & Associates, Inc.
<g~~~
Bret A. Weiss, P.E.
Project Manager
Enclosures
cc: Darby Brown, Bauerly Brothers, Inc.
.
srb
5r~5J
P..\WPWIM13.:r8.0N~TR ('0 2-, wo1Islelter.0926fJ5.d,iC
Minneapolis I S1. Cloud
Equal Opportunity Employer
.
.
.
Council Agenda - 9/26/05
SG. Approve Final Payment and Accept Improvement for Jefferson Commons Pond
Gradine (City of Monticello Proiect No. 2004-33C) (WSB)
A. REFERENCE AND BACKGROUND:
The Jefferson Commons Pond grading project, which was completed as a regional pond
for the new Monticello Theatre and surrounding area, is complete and approved for final
payment. The contractor will address the erosion control issues related to their work as
part of the two-year warranty period. The total construction cost as completed is
$70,173.50
At this time, the Council is being requested to consider accepting the improvements as
final and approving the final payment to Cowan Grading & Excavating, Inc. in the
amount of$21,352.57 subject to receipt ofthe final paperwork including:
· Satisfactory showing that the contractor has complied with the provisions of
Minnesota Statutes 290.92 requiring withholding state income tax.
· Evidence in the form of an affidavit that all claims against the contractor by
reasons of the contract have been fully paid or satisfactorily secured.
· Consent of Surety to Final Payment certification from the contractor's surety.
· Two-year maintenance bond.
This represents all work completed in addition to the release of the retainage in
accordance with the conditions of the contract.
B. ALTERNATIVE ACTIONS:
1. Accept the improvements and approve the final payment of$21,352.57 to Cowan
Grading & Excavating, Inc. subject to receipt ofthe final paperwork noted in Item
A above.
C. STAFF RECOMMENDATION:
It is the recommendation ofthe City Administrator that the City Council accept the
improvements for the Jefferson Commons Pond Grading, City Project No. 2004-33C and
authorize final payment to Cowan Grading & Excavating, Inc. in the amount of
$21,352.57.
D.
SUPPORTING DATA:
Copy of Construction Pay Voucher No.2 (Final)
Letter from WSB & Associates, Inc.
5G-S~
F: Idawng\ wordproc\200J Council Agendll\Sept ]6~Oj\9-J6-05-ApproveFillaIPaymentJeJJersoIlCommoll:!.'.doc
~
WSB
Infrastructure I Engineering I Planning I Construction
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
. & Associates, Inc.
September 22, 2005
Honorable Mayor and City Council
City of Monticello
505 Walnut Street, Suite 1
Monticello, MN 55362
Re: Construction Pay Voucher No.2 (Final)
Jefferson Commons Pond Grading
City of Monticello, MN
City of Monticello Project No. 2004-33C
WSB Project No. 1488-91
Dear Mayor and Council Members:
Please find enclosed the final Construction Pay Voucher No.2 for the above-referenced project
in the amount of $21,352.57. Voucher No.2 does include payment for Change Order No.1 at
this time. We recommend final payment subject to receipt of the following items:
.
1. Satisfactory showing that the contractor has complied with the provisions of Minnesota
Statutes 290.92 requiring withholding state income tax.
2. Evidence in the form of an affidavit that all claims against the contractor by reasons of
the contract have been fully paid or satisfactorily secured.
3. Consent of Surety to Final Payment certification from the contractor's surety.
4. Two-year maintenance bond.
Please make payment in this amount to Cowan Grading & Excavating, Inc. at your earliest
convenience. Thank you.
Sincerely,
WSB & Associates, Inc.
~A-~
Bret A. Weiss, P.E.
Project Manager
Enclosures
.
cc:
Rick Wolfsteller, City of Monticello
Dennis Cowan, Cowan Grading & Excavating, Inc.
SG-Slo
K~VJJ488-9Mdmi,,\CO/1.rtru.Clj/m Aflmin\L'rk VO 2 FN1.,hftll:r:-0926QS.doc
Minneapolis I St. Cloud
Equal Opportunity Employer
srb
Sep. 21. 2005...~ 4:30PM:!
.
COWAN GRADING AND EXCAVATING
No. 3 849 P..3. e2/€)4
\ 1 "'-."-"'-""'IlJ. ~Yr"""'A"''''-~1IIo ......., ",.",;Vo,.J....t1
Owner: City of Monticello
505 Walnut 5t
Montlc:ello, MN 65362-1147
For Period: 1212/2004 to t/19/2005
Contractor: Cow.n Grading and Excavating. I"c.
5485 212th Street West
Farmington, MN 55024
. Pay Vouchers
MONT - Jefferson Commons POnd
Client Contract No.:
ProJttct No.: 01488-91
Client Project No.:
Date: 9/2112005
Request No.: 2 & FINAL
ProJect SU~m&I:r
1 Original Conb'act Amount SS1,S40.75
2 Contract Changes - Addition $18,783.05
3 Contract Changes - Deduction SO.OO
4 Revised Contraot Amount $70.623.80
5 Value Compl9ted to Date $70,173.50
6 Material on Hand SO.OO
7 Amount Earned $70,173.50
8 Less Relalnage SO.OO
9 Subtotal $70.173.50
10 L.ess Amount Paid Previously $48,820.93
11 Liquidated Damages $0.00
12 AMOUNT DUE THIS PAY VOUCHERS NO.2 & FINAL $21,3.52.57
.
I HEREBY CERTIFY THAT A FINAL EXAMINATION HAS BEEN MADE OF THE ABOVE NOTED CONTRACT, THAT
THE CONTRACT HAS BEEN COMPLETED, iHAT THE ENTIRE AMOUNT OF WORK SHOWN IN THE FINAL
VOUCHER HAS BEEN PERFORMED AND THE TOTAL VALUE OF THE WO~K PERFORMED IN ACCORDANCE
WITHI AND PURSUANT TO, THE TEAMS OF THE CONTRACT IS AS SHOWN IN THIS FINAL VOUCHER.
Recommended for Approval by:
~:t~
ConSlruction Observer:
ApproVid by Owner:
City of Monticello
Specified Contract Completion Date;
1213/20Q~
.
Date:
Comment:
5G-C) 3
01488-91 - Pay Vouchers 2
Wednesday, September 21,2005
Project Material Status
tem Item Description Units Unit Price Contract Quantity to Current Amount to
o. Quantity Date Quantity Date
Base Bid
1 2021.501 MOBILIZATION LUMP SUM $2,500.00 1 1 0 $2,500.00
2 2105.501 COMMON EXCAVATION (P) CUYD $1.15 31325 31325 0 $36,023.75
3 2105.607 CLAY POND LINER (CV) (P) CUYD $1.15 3800 3800 0 $4,370.00
4 2573.502 SILT FENCE, TYPE HEAVY DUTY L1N FT $1.90 2550 2313 0 $4,394.70
5 2575.605 SEEDING, MIX 310 (INCL. FERT., LIME, MULCH, DISC ANCHOR) ACRE $1,450.00 0.75 0.75 0 $1,087.50
6 2575.605 SEEDING, MIX 330 (INCL. FERT., LIME, MULCH, DISC ANCHOR) ACRE $1,100.00 0.5 0.5 0 $550.00
7 2575.605 SEEDING, MIX 150 (INCL. FERT. & MULCH) ACRE $465.00 5.3 5.3 0 $2,464.50
Totals For Section Base Bid: $51,390.45
Change Order 1
1 2575.605 SEEDING, MIX 150 (INCL. FERT. & MULCH) ACRE $465.00 11.45 11.45 11.45 $5,324.25
2 2105.501 COMMON EXCAVATION CUYD $1.15 11562 11562 11562 $13,296.30
3 91602 SILT FENCE (HAND PLACED) L1N FT $3.25 50 50 50 $162.50
Totals For Change Order 1: $18.783.05
Project Totals: $70,173.50
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SG_SI.._'
2of3
01488-91 - Pay Vouchers 2
Wednesday, September 21,2005
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Project Payment Status
Owner: City of Monticello
Client Project No.:
Client Contract No.:
Project No.: 01488.91
Contractor: Cowan Grading and Excavating, Inc.
C Ch
pntract anaes
No. Type Date Description Amount
COl Change Order 9/21 /2005 Modified/additional contract quantities. $18,783.05
Change Order Totals: $18,783.05
P S
pvment ummarv
No. From Date To Date Payment Total Payment Retainage Per Payment Total Retainage Completed
1 11/4/2004 12/1 /2004 $48,820.93 $48,820.93 $2,569.52 $2,569.52 $51,390.45
2 & FINAL 12/2/2004 9/1 9/2005 $21 ,352.57 $70,173.50 ($2,569.52) $0.00 $70,173.50
Payment Totals: $70,173.50 $0.00 $70,173.50
Project Summary
Material On Hand:
Total Payment to Date:
Total Retainage:
Total Amount Earned:
$0.00
$70,173.50 Original Contract:
$0.00 Contract Changes:
$70,173.50 Revised Contract:
$51,840.75
$18,783.05
$70,623.80
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City Council Agenda - 09/26/05
5R.
Consideration to approve enterin!! into a License A!!reement between the HRA. the
City. and Rockv Mtn Group LLC. (O.K.)
A. Reference and back!!f(mnd:
In recording of the Lot I, Block I, Otter Creek Crossing 1 st Addition re-plat for the Rocky Mtn
Group, LLC (Dahlheimer's), a number of obstacles arose. First, the legal description provided by the
annexation applicant for the annexation order to the state was inaccurate. A letter to amend the
annexation order is in process. Secondly and according to the Title Company there appears to be a 50
foot gap in the legal description for the Lot I, Block 1, Otter Creek Crossing 1 sl Addition. Therefore
and according to the Developer's Attorney and the HRA's Attorney, this re-plat will be "torrens" land
rather than "abstract" land causing a delay in the recording and closing date for conveyance of
property.
In order to allow Rocky Mtn Group LLC to commence construction prior to conveyance of the
property (closing date) and after completion of the general grading by the HRA, the Council is asked to
consider entering into the attached License Agreement allowing the developer the right of entry to
commence construction prior to transfer of title. The Agreement includes a provision that the
developer must indemnify the I IRA and city and furnish the HRA with certificate of insurances per the
executed Purchase and Redevelopment Contract between the HRA and Rocky Mtn Group LLC. It is
anticipated the closing will not take place later than the October 14,2005.
The HRA has a special meeting scheduled for 5:00 p.m., September 26, to approve entering into the
said Agreement.
This is a housekeeping item to al low the developer the right of entry to commence construction.
B. Alternative Action:
1. A motion to approve entering into a License Agreement between the HRA, the City, and
Rocky Mtn (iroup LLC.
2. A motion to deny approval for entering into a License Agreement between the l-IRA, the City,
and Rocky Mtn Group I LC.
3. A motion to table any action.
C. Recommendation:
The City Administrator and Economic Development Director recommend Alternative Action No.1
which will allow the developer to proceed with construction prior to conveyance of the property.
5 1-\ - 5 l
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D.
SUDDortin~ Data:
Copy of Agreement for approval and execution.
City Council Agenda - 09/26.05
2
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT is made on this _ day of _, 2005, by and between
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF
MONTICELLO, a public body corporate and politic under the laws of Minnesota (the "Authority"),
the City of Monticello, a Minnesota municipal corporation (the "City") and ROCKY MTN
GROUP, LLC, a Minnesota corporation ("Redeveloper").
REelT ALS
WHEREAS, the Authority and Redeveloper have entered into a Purchase and
Redevelopment Contract dated as of September 2, 2005 (the "Contract") for the redevelopment of
certain property in the City; and
WHEREAS, in accordance with the Contract, the Authority will acquire the property
described as Lot 1, Block 1, Otter Creek Crossing 1 st Addition (the "Redevelopment Property")
from the City, and will convey that property to Redeveloper; and
WHEREAS, Redeveloper desires to enter upon the Redevelopment Property prior to the
transfer of title of the Redevelopment Property to Redeveloper in order to commence site
improvements on that property; and
WHEREAS, the Authority and Redeveloper intend that Redeveloper will purchase the
Redevelopment Property in accordance with the terms of the Contract. However, if for any reason
such purchase should not occur, they desire to provide for Redeveloper to pay Authority for: (a)
any diminution in the value of the Redevelopment Property which may be caused by work done by
Redeveloper upon the I{edevelopment Property pursuant to tIns Agreement; and (b) any other costs
and liabilities which Authority may incur because of work done by Redeveloper upon the
Redevelopment Property pursuant to this Agreement; and
WHEREAS, the Authority has assigned its rights but not its obligations under the Contract
to Commercial Partners Exchange Company, LLC ("Intermediary"); and
WHEREAS, for the purposes of this License Agreement, the tcnn "Redeveloper" will be
construed to include both Rocky Mtn Group, LLC and the Intermediary.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and their mutual promises the parties
hereto hereby agree as follows:
] . Early Entry. The Authority and City hereby authorize Redeveloper and its agents,
employees, contractors, and invitees to enter upon the Redevelopment Propeliy solely for the
purpose of final grading and installation of footings for the Minimum Improvements described in
the Contract. All such work must be undcliaken in accordance with approved Construction Plans
(as defined in the Contract). The right of entry commences upon full execution of this Agreement
and remains in effect until revoked or terminated in accordance with Section 10 hereof
2. Indemnification of Authority. In consideration for such license, Redeveloper agrees
to and shall indemnify, defend and hold harmless the Authority and City, their agents, officers, and
employees from and against any action, claim, damage, liability, loss, cost or expense (including
without limitation attorneys' fees and costs) resulting from: (a) any liens which may be attached to
the Redevelopment Property for labor or materials provided by or at the request of Redeveloper; (b)
injury to or death of persons; (c) property damage; or (d) any claim, damage, action, loss or
destruction whatsoever caused by Redeveloper's agents or contractors in connection with
Redeveloper's entry onto the Redevelopment Propel1y, pursuant to this License Agreement; or (e)
S./B-266lJ 17v 1
M N 190-12 I
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diminution in the value of the Redevelopment Property in the event that for any reason Redeveloper
does not purchase the Redevelopment Property.
3. Insurance. Before commencing any work on the Redevelopment Property,
Redeveloper or its contractors shall furnish the Authority with certificates of insurance
demonstrating that Redeveloper or its contractors have obtained the insurance coverage required
under the Contract and showing the Authority as an additional named insured. Such certificates
shall contain a statement that the insurance coverage shall not be changed or canceled without at
least thirty (30) days prior written notice to the Authority. Certificates of insurance shall be signed
by an authorized representative of each insurer and all coverage shall be writtcn on policy forms and
by insurers acceptable to the Authority.
4. Governing Law. This License Agreement shall bc interpreted in accordance with
and be governed by the laws of the State of Minnesota.
5. Titles of Articles and Sections. Any titles of the several parts and sections of this
License Agreement are inserted for convenience of reference only and shall be disregarded in
construing and interpreting any of its provisions.
6. Counterpat1s. This License Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
7. Amendment. This License Agreement may be amended by the parties hereto only
by written instrument executed in accordance with the sanle procedures and fOffi1ality followed for
the execution of this License Agreement.
8. No Property Interest. The parties agree that this License Agreement is personal to
Redeveloper and does not constitute an ownership interest or lien interest in the Redevelopment
Property. This License Agreement is not saleable or assignable by Redeveloper.
9. No Estoppel. Redeveloper agrees that the Authority shall not be estopped by this
Agreement, nor any action taken by Redeveloper purSUffi1t to this Agreement, from exercising any
rights granted to the Authority by the Contract.
10. Revocation; Termination. (a) This Agreement shall be revocable upon 24 hours
written notice by the Authority to Redeveloper at any time prior to an actual conveyance of title of
the Redevelopment Property by the Authority to Redeveloper. In the event of such a revocation,
under no circumstances shall the Authority be deemed liable to Redeveloper. Redeveloper's
obligations to indemnify the Authority pursuant to Section 2 of this Agreement shall survive
revocation, expiration, or other termination of this Agreement.
(b) If not terminated earlier, this Agreement terminates upon the earlier of closing under the
Contract, or October 14,2005.
11. Status of Contract. Notwithstanding anything to the contrary in the Contract, the
Redeveloper and Authority agree that the date of Closing under Section 3.3(b) of the Contract is
extended to October 14, 2005, provided that those parties will use best ei10rts to close as soon as
practicable after the date of this Agreement. Except as expressly provided in this Section, nothing
in this Agreement shall be construed to amend or supersede any tenl1 or provision of the Contract.
SJR-266Sl17v 1
MN 190-12 I
2
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TN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be
duly executed in their behalf by their authorized representatives on or as of the date first above
written.
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE
CITY OF MONTICELLO
By
Its Chair
By
Its Executive Director
SJB.26(i917vl
MN190-121
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CITY OF MONTICELLO
By
Its Mayor
By
Its City Administrator
SH3-2(,('917vl
MN190-121
4
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SJll.266'i17vl
MNI'iO-121
ROCKY MTN GROUP, LLC
By
5
Its
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CONSENT OF INTERMEDIARY
The undersigned, as assignee of Rocky Mtn Group, LLC under the Replacement Property
Assigmnent Agreement datcd September 6, 2005, consents to the forgoing License Agreement
among the City of Monticello, the Housing and Redevelopment Authority in and for the City of
Monticello and Rocky Mtn Group, LLC
Dated:
COMMERCIAL PARTNERS
COMP ANY, LLC
EXCHANGE
By
Its
SJO-2669 17v I
MN19(1-121
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Council Agenda - 9/26105
51.
Execute BNSF Railwav Pipeline License (Trackine: no. 05-28599) for the CSAH 18/1-
94 Interchan2eProject (City of Monticello Project No. 2004-01C) (WSB)
A. REFERENCE AND BACKGROUND:
The enclosed BNSF Railway Pipeline License is required as a part ofthe construction of
the CSAH 18/1-94 interchange. The City Council ordered the construction of this project
at the April 11, 2005 Council meeting.
The license is required for the installation of two storm water culverts crossing under
CSAH 18. The culverts are required to maintain the management of storm water in the
ditches paralleling the BNSF tracks.
B. ALTERNATIVE ACTIONS:
1. Execute the BNSF Railway Pipeline License and direct staff to submit both copies of
the document along with the required payment to BNSF.
2. Do not execute the BNSF Railway Pipeline License.
c.
ST AFF RECOMMENDATION:
The City Administrator recommends that the City execute the BNSF Railway Pipeline
License as outlined under Alternative No.1.
D.
SUPPORTING DATA:
BNSF Pipeline License Tracking no. 05-28559
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C.': \[)ocumenl.f and &llings\('(JW",grn,\',~'iflgl!t'\I.(H:a1 &ttIHR.~\Temporary Internet /."i/esIOLK3IA GN IT/l4.F.;recute HN....,.F Pips/inl! Licemil!-U926V5.(Ioc
[JjSTAUBACH
. World of Real Estate Knowledge
September 2, 2005
Ms. Nancy Hanzlik
Project Manager
WSB & Associates, Inc.
701 Xenia Avenue South, Suite 300
Minneapolis, MN 55416
Tracking No. 05-28599
Pipeline License
City of Monticello, MN
Dear Ms. Hanzlik:
Enclosed please find duplicate counterparts of the requested contract for execution by an official
authorized to execute contract agreements on behalf of The City of Monticello. Please execute and
return both cooies with orialnal sicmatures for completion on part of BNSF Railway Company
("BNSF") to this office, along with the following requirements:
. A check in the amount of $19,570.00 payable to BNSF Railway Company which covers the
$19,320.00 license fee and $250.00 revision fee.
You should have been or will be contacted by IDS, the BNSF's Insurance Tracking Company. If
you have not, and you have any questions regarding any of the insurance requirements, please
contact Lori Orona, via fax, at 951-766-2299. If you have not done so, please fax the following
insurance documents to Ms. Orona:
.
1. A Certificate of Insurance as required in the agreement.
2. A separate policy for Railroad Protective Liability Insurance as required in the agreement
(ORIGINAL POLICY MUST BE PROVIDED). BNSF Railway Company will be the only
insured party; OR;
In lieu of providing a separate policy for Railroad Protective Liability Insurance, you may
participate in the BNSF's Railroad Protective Policy by checking the appropriate box in the
contracts and including an additional $1,000.00 with your check.
Acceptance and deposit of any check by BNSF does not constitute an agreement between BNSF and
Licensee for the requested license. BNSF shall not be obligated to hold the check in a separate fund, but
may commingle the funds with other funds of BNSF, and in no event shall BNSF be responsible for
interest on said funds.
The enclosed permit is not a binding agreement and shall become binding only when, and if, it is
executed by you and fully approved and executed by BNSF Railway Company. Upon completion on
behalf of BNSF, one fully executed counterpart will be returned for your records.
We are in receipt of WSB & Associates' check no. 23992 in the amount of $250.00 for payment of
processing fees. Please be informed that if contracts, fees, and insurance are not returned within sixty
(60) days, an additional $250.00 processing fee will be assessed.
Sincerely,
," ,4 ~
\..'".,.... .., ."._~ h ... --.' ...,
.......".---y ~
. Toni Gaiser
Contract Specialist
Received
SEP t 2 2005
Enclosures
3017 Lou Menk Drive, Suite 100
Fort Worth, Texas 76131-2800
(817) 230-2600 Fax (817) 306.8129
www.staubach.com
5-:[ ~&) l
W~~slA~QpQlates
provides global coverage through
DTZ Staubach Tie Leung.
Carrier must have at feast A-/Class VII
CORDrv
DATE (MM/DDfYY)
Insured
Carrier must have at least A-/Class VII
Carrier must have at least A-/Class VII
$ 10,000,000
$ 10,000,000
$?oI000,ooo
A
I Each Accident
I Di:;;ease . Policy Urn I!
I Disease. Ea Employee
$
$
Each Accident $
Aggregate $
$
$
$
o Other
$ 500,000
$ 500,000
$ 500,000
B
01/01/04
01/01/05
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The Burlington Northern and Santa Fe
Railway Company &
Staubach Global Services, Inc.
3017 Lou Menk Drive, Suite 100
Fort Worth, TX 76131-2800
uthorized representative
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Form Approved by VP~Law
Tracking No. 05-28599
.
PIPELINE LICENSE
THIS LICENSE ("License"), made as of the _ day of , 2005 ("Effective
Date") by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Licensor") and
CITY OF MONTICELLO, a Minnesota municipal corporation ("Licensee").
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree to the following:
GENERAL
1. licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests,
and estates of third parties, including, without limitation, any leases, use rights,
easements, liens, or other encumbrances, and upon the terms and conditions set forth
below, to construct and maintain, in strict accordance with the drawings and
specifications approved by Licensor as part of Licensee's application process (the
"Drawings and Specifications"), two (2) Pipelines, each twenty-four (24) inches in
diameter ("PIPELINE"), across or along the rail corridor of Licensor at or near the Station
of Monticello, County of Wright, State of Minnesota, Line Segment 0202, Mile Post
33.75, as shown on the attached Drawing No. 1-36376, dated May 26, 2005, revised
July 21,2005, attached hereto as Exhibit"N and made a part hereof ("Premises").
2.
Licensee shall not disturb any improvements of Licensor or licensor's existing lessees,
Licensees, easement beneficiaries or lien holders, if any, or interfere with the use of
such improvements.
.
3.
Licensee shall use the Premises solely for construction and maintenance of a PIPELINE
in accordance with the Drawings and Specifications carrying storm water. Licensee
shall not use the PIPELINE to carry any other commodity or use the Premises for any
other purpose.
Licensee covenants that it will not handle or transport "hazardous waste" or "hazardous
substances", as "hazardous waste" and "hazardous substances" may now or in the
future be defined by any federal, state, or local governmental agency or body through
the PIPELINE on Licensor's property. Licensee agrees periodically to furnish Licensor
with proof, satisfactory to Licensor that Licensee is in such compliance. Should Licensee
not comply fully with the above-stated obligations of this Section, notwithstanding
anything contained in any other provision hereof, Licensor may, at its option, terminate
this License by serving five (5) days' notice of termination upon Licensee. Upon
termination, Licensee shall remove the PIPELINE and restore Licensor's property as
herein elsewhere provided.
4.
In case of the eviction of Licensee by anyone owning or claiming title to or any interest in
the Premises, or by the abandonment by Licensor of the affected rail corridor, Licensor
shall not be liable to refund Licensee any compensation paid hereunder, except for the
pro-rata part of any recurring charge paid in advance, or for any damage Licensee
sustains in connection therewith.
.
S~ ~ ~) ~
Form 424; Rev. 01/20/05
- 1 -
Form Approved by VP-Law
.
5.
TERM
Tracking No. 05-28599
Any contractors or subcontractors performing work on the PIPELINE or entering the
Premises on behalf of Licensee shall be deemed servants and agents of Licensee for
purposes of this License.
6. This License shall commence on the Effective Date and shall continue for a period of
twenty-five (25) years, subject to prior termination as hereinafter described.
COMPENSATION
7.
.
(a)
Licensee shall pay Licensor, prior to the Effective Date, the sum of Nineteen
Thousand Three Hundred Twenty and No/100 Dollars ($19,320.00) as
compensation for the use of the Premises.
(b)
Licensee agrees to reimburse Licensor (within thirty (30) days after receipt of bills
therefor) for all costs and expenses incurred by Licensor in connection with
Licensee's use of the Premises or the presence, construction and maintenance
of the PIPELINE, including but not limited to the furnishing of Licensor's Flagman
and any vehicle rental costs incurred. The cost of f1agger services provided by
the Railway, when deemed necessary by the Railway's representative, will be
borne by the Licensee. The estimated cost for one (1) f1agger is $600.00 for an
eight (8) hour basic day with time and one-half or double time for overtime, rest
days and holidays. The estimated cost for each f1agger includes vacation
allowance, paid holidays, Railway and unemployment insurance, public liability
and property damage insurance, health and welfare benefits, transportation,
meals, lodging and supervision. Negotiations for Railway labor or collective
bargaining agreements and rate changes authorized by appropriate Federal
authorities may increase actual or estimated flagging rates. The flagging rate in
effect at the time of performance by the Contractor hereunder will be used to
calculate the actual costs of flagging pursuant to this paragraph.
(c) All invoices are due thirty (30) days after the date of invoice. In the event that
Licensee shall fail to pay any monies due to Licensor within thirty (30) days after
the invoice date, then Licensee shall pay interest on such unpaid sum from thirty
(30) days after its invoice date to the date of payment by Licensee at an annual
rate equal to (i) the greater of (a) for the period January 1 through June 3D, the
prime rate last published in The Wall Street Journal in the preceding December
plus two and one-half percent (2 1/2%), and for the period July 1 through
December 31, the prime rate last published in The Wall Street Journal in the
preceding June plus two and one-half percent (2 1/2%), or (b) twelve percent
(12%), or (ii) the maximum rate permitted by law, whichever is less.
COMPLIANCE WITH LAWS
8.
(a)
.
Licensee shall observe and comply with any and all laws, statutes, regulations,
ordinances, orders, covenants, restrictions, or decisions of any court of
competent jurisdiction ("Legal Requirements") relating to the construction,
maintenance, and use of the PIPELINE and the use of the Premises.
Form 424; Rev. 01/20/05
~2-
S~ ~ ~1 0
Form Approved by VP-Law
.
Tracking No. 05-28599
(b)
Prior to entering the Premises, Licensee shall and shall cause its contractor to
comply with all Licensor's applicable safety rules and regulations. Prior to
commencing any work on the Premises, Licensee shall complete and shall
require its contractor to complete the safety-training program at the following
Internet Website "http://www.contractororientation.com".This training must be
completed no more than one year in advance of Licensee's entry on the
Premises.
DEFINITION OF COST AND EXPENSE
9. For the purpose of this License, "cost' or "costs" "expense" or "expenses" includes, but is
not limited to, actual labor and material costs including all assignable additives, and
material and supply costs at current value where used.
RIGHT OF LICENSOR TO USE
10. Licensor excepts and reserves the right, to be exercised by Licensor and any other
parties who may obtain written permission or authority from Licensor:
.
(a) to maintain, renew, use, operate, change, modify and relocate any existing pipe,
power, communication lines and appurtenances and other facilities or structures
of like character upon, over, under or across the Premises;
(b)
to construct, maintain, renew, use, operate, change, modify and relocate any
trapks or additional facilities or structures upon, over, under or across the
Premises; or
(c) to use the Premises in any manner as the Licensor in its sole discretion deems
appropriate, provided Licensor uses all commercially reasonable efforts to avoid
material interference with the use of the Premises by Licensee for the purpose
specified in Section 3 above.
LICENSEE'S OPERATIONS
11.
(a)
Licensee shall notify Licensor's Roadmaster, Brian Shea, at 80 - 44th Avenue
NE, Minneapolis, MN 55421, telephone (763) 782-3236, or cell (612) 867-4007,
at least five (5) business days prior to installation of the PIPELINE and prior to
entering the Premises for any subsequent maintenance thereon.
(b) In performing the work described in Section 3, Licensee shall use only public
roadways to cross from one side of Licensor's tracks to the other.
12.
(a)
.
Under no conditions shall Licensee be permitted to conduct any tests,
investigations or any other activity using mechanized equipment and/or
machinery, or place or store any mechanized equipment, tools or other materials,
within twenty-five (25) feet of the centerline of any railroad track on the Premises
unless Licensee has obtained prior written approval from Licensor. Licensee
shall, at its sole cost and expense, perform all activities on and about the
Premises in such a manner as not at any time to be a source of danger to or
interference with the existence or use of present or future tracks, roadbed or
Fonn 424; Rev. 01/20/05
-3~
5'f--~l \
Form Approved by VP-Law
.
.
Tracking No. 05-28599
property of Licensor, or the safe operation and activities of Licensor. If ordered
to cease using the Premises at any time by Licensor's personnel due to any
hazardous condition, Licensee shall immediately do so. Notwithstanding the
foregoing right of Licensor, the parties agree that Licensor has no duty or
obligation to monitor Licensee's use of the Premises to determine the safe nature
thereof, it being solely Licensee's responsibility to ensure that Licensee's use of
the Premises is safe. Neither the exercise nor the failure by Licensor to exercise
any rights granted in this Section will alter the liability allocation provided by this
License.
(b)
Licensee shall, at its sole cost and expense, construct and maintain the
PIPELINE in such a manner and of such material that it will not at any time be a
source of danger to or interference with the existence or use of present or future
tracks, roadbed or property of Licensor, or the safe operation and activities of
Licensor. Licensor may direct one of its field engineers to observe or inspect the
construction and/or maintenance of the PIPELINE at any time for compliance
with the Drawings and Specifications. If ordered at any time to halt construction
or maintenance of the PIPELINE by Licensor's personnel due to non-compliance
with the same or any other hazardous condition, Licensee shall immediately do
so. Notwithstanding the foregoing right of Licensor, the parties agree that
Licensor has no duty or obligation to observe or inspect, or to halt work on, the
PIPELINE, it being solely Licensee's responsibility to ensure that the PIPELINE is
constructed in strict accordance with the Drawings and Specifications and in a
safe and workmanlike manner in compliance with all terms hereof. Neither the
exercise nor the failure by Licensor to exercise any right granted by this Section
will alter in any way the liability allocation provided by this License. If at any time
Licensee shall, in the sole judgment of Licensor, fail to properly perform its
obligations under this Section, Licensor may, at its option and at Licensee's sole
expense, arrange for the performance of such work as it deems necessary for
the safety of its operations and activities. Licensee shall promptly reimburse
Licensor for all costs and expenses of such work, upon receipt of an invoice for
the same. Licensor's failure to perform any obligations of Licensee shall not alter
the liability allocation hereunder.
13. During the construction and any subsequent maintenance performed on the PIPELINE,
Licensee shall perform such work in a manner to preclude damage to the property of
Licensor, and preclude interference with the operation of its railroad. The construction of
the PIPELINE shall be completed within one (1) year of the Effective Date. Upon
completion of the construction of the PIPELINE and after performing any subsequent
maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore
Licensor's Premises to their former state as of the Effective Date of this License.
If at any time during the term of this License, Licensor shall desire the use of its rail
corridor in such a manner as would, in Licensor's reasonable opinion, be interfered with
by the PIPELINE, Licensee shall. at its sole expense, within thirty (30) days after
receiving written notice from licensor to such effect, make such changes in the
PIPELINE as in the sole discretion of Licensor may be necessary to avoid interference
with the proposed use of licensor's rail corridor, including, without limitation, the
relocation of the existing or the construction of new a PIPELlNE(s).
14.
.
Form 424; Rev. 01/20/05
-4-
s~ --ld
Form Approved by VP-Law
Tracking No. 05-28599
.
15.
(b)
.
(a)
Prior to licensee conducting any boring work on or about any portion of the
Premises, licensee shall explore the proposed location for such work with hand
tools to a depth of at least three (3) feet below the surface of the ground
to determine whether pipelines or other structures exist below the surface,
provided, however, that in lieu of the foregoing, the licensee shall have the right
to use suitable detection equipment or other generally accepted industry practice
(~, consulting with the Underground Services Association) to determine the
existence or location of pipelines and other subsurface structures prior to drilling
or excavating with mechanized equipment. Upon licensee's written request,
which shall be made thirty (30) business days in advance of licensee's
requested construction of the PIPELINE, licensor will provide licensee any
information that Licensor has in the possession of its Engineering Department
concerning the existence and approximate location of Licensor's underground
utilities and pipelines at or near the vicinity of the proposed PIPELINE. Prior to
conducting any such boring work, the licensee will review all such material.
Licensor does not warrant the accuracy or completeness of information relating
to subsurface conditions and Licensee's operations will be subject at all times to
the liability provisions herein.
For all bores greater than 26-inch diameter and at a depth less than 10.0 feet
below bottom of rail, a soil investigation will need to be performed by the
licensee and reviewed by Licensor prior to construction. This study is to
determine if granular material is present, and to prevent subsidence during the
installation process. If the investigation determines in Licensor's reasonable
opinion that granular material is present, Licensor may select a new location for
licensee's use, or may require licensee to furnish for licensor's review and
approval, in its sole discretion a remedial plan to deal with the granular material.
Once licensor has approved any such remedial plan in writing, licensee shall. at
its sole cost and expense, carry out the approved plan in accordance with all
terms thereof and hereof.
16. Any open hole, boring or well constructed on the Premises by licensee shall be safely
covered and secured at all times when licensee is not working in the actual vicinity
thereof. Following completion of that portion of the work, all holes or borings constructed
on the Premises by Licensee shall be:
(a) filled in to surrounding ground level with compacted bentonite grout; or
(b) otherwise secured or retired in accordance with any applicable Legal
Requirement. No excavated materials may remain on Licensor's property for
more than ten (10) days, but must be properly disposed of by Licensee in
accordance with applicable Legal Requirements.
17. Upon termination of this License, Licensee shall. at its sole cost and expense:
(a) remove the PIPELINE and all appurtenances thereto, or, at the sole discretion of
the Licensor, fill and cap or otherwise appropriately decommission the PIPELINE
with a method satisfactory to Licensor;
.
Form 424; Rev. 01/20/05
-5-
s--1-'l3
.
.
.
Form Approved by VP.Law
Tracking No. 05-28599
(b)
report and restore any damage to the Premises arising from, growing out of, or
connected with Licensee's use ofthe Premises;
(c) remedy any unsafe conditions on the Premises created or aggravated by
Licensee; and
(d) leave the Premises in the condition which existed as of the Effective Date of this
License.
18. Licensee's on-site supervisions shall retain/maintain a fully executed copy of this
License at all times while on the Premises.
LIABILITY
19, (a) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND
SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND
AND HOLD HARMLESS LICENSOR AND LICENSOR'S AFFILIATED
COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL
REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES AND AGENTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM
AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES,
COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS,
DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT
LIMITATION, COURT COSTS, ATTORNEYS' FEES AND COSTS OF
INVESTIGATION, REMOVAL AND REMEDIATION AND GOVERNMENTAL
OVERSIGHT COSTS) ENVIRONMENTAL OR OTHERWISE (COLLECT/VEL Y
"LIABILITIES") OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON
OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING
FROM OR RELATED TO (IN WHOLE OR IN PART):
(i) THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS
ENVIRONMENTAL PROVISIONS,
(ii) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS
LICENSE,
(Iii) LICENSEE'S OCCUPATION AND USE OF THE PREMISES,
(iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE
PREMISES CAUSED BY OR CONTRIBUTED BY LICENSEE, OR
(v) ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S
OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS,
OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF
THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL
OVER,
EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO, IN
WHOLE OR IN PART, ANY NEGLIGENCE OF ANY INDEMNITEE. THE ONLY
LIABILITIES WITH RESPECT TO WHICH LICENSEE'S OBLIGATION TO
Form 424; Rev. 01/20/05
- 6 -
5 i -- ~'-l l\
Form Approved by VP-Law
Tracking No. 05.28599
.
INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES TO
THE EXTENT PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT OF AN INDEMNITEE.
.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW,
NOTWITHSTANDING THE LIMITATION IN SECTION 19(a), LICENSEE
SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, NOW AND FOREVER
WAIVE ANY AND ALL CLAIMS, REGARDLESS WHETHER BASED ON THE
STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, THAT RAILROAD IS AN
"OWNER", "OPERATOR", "ARRANGER", OR "TRANSPORTER" WITH
RESPECT TO THE PIPELINE FOR THE PURPOSES OF CERCLA OR OTHER
ENVIRONMENTAL LAWS. LICENSEE WILL INDEMNIFY, DEFEND AND
HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL SUCH CLAIMS
REGARDLESS OF THE NEGLIGENCE OF THE INDEMNITEES. LICENSEE
FURTHER AGREES THAT THE USE. OF THE: PREMISES AS
CONTEMPLATED BY THIS LICENSE SHALL NOT IN ANY WAY SUBJECT
LICENSOR TO CLAIMS THAT LICENSOR IS OTHER THAN A COMMON
CARRIER FOR PURPOSES OF ENVIRONMENTAL LAWS AND EXPRESSLY
AGREES TO INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES
HARMLESS FOR ANY AND ALL SUCH CLAIMS. IN NO EVENT SHALL
LICENSOR BE RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF
THE PREMISES.
(c) TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE FURTHER
AGREES, AND SHALL CAUSE ITS CONTRACTOR TO AGREE,
REGARDLESS OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE OF ANY
INDEMNITEE, TO INDEMNIFY, AND HOLD HARMLESS THE INDEMNITEES
AGAINST AND ASSUME THE DEFENSE OF ANY LIABILITIES ASSERTED
AGAINST OR SUFFERED BY ANY INDEMNITEE UNDER OR RELATED TO
THE FEDERAL EMPLOYERS' LIABILITY ACT ("FELAn) WHENEVER
EMPLOYEES OF LICENSEE OR ANY OF ITS AGENTS, INVITEES, OR
CONTRACTORS CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF
ANY INDEMNITEE OR OTHERWISE. THIS INDEMNITY SHALL ALSO
EXTEND, ON THE SAME BASIS, TO FELA CLAIMS BASED ON ACTUAL OR
ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR
REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SAFETY
APPLIANCE ACT, THE BOILER INSPECTION ACT, THE OCCUPATIONAL
HEALTH AND SAFETY ACT, THE RESOURCE CONSERVATION AND
RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE.
(b)
(d) Upon written notice from Licensor, Licensee agrees to assume the defense of
any lawsuit or other proceeding brought against any Indemnitee by any entity,
relating to any matter covered by this License for which Licensee has an
obligation to assume liability for and/or save and hold harmless any Indemnitee.
Licensee shall pay all costs incident to such defense, including, but not limited to,
attorneys' fees, investigators' fees, litigation and appeal expenses, settlement
payments, and amounts paid in satisfaction of judgments.
.
Form 424; Rev. 01/20105
- 7-
S1 ~. "1_:)
.
.
.
Form Approved by VP-Law
Tracking No. 05-28599
PERSONAL PROPERTY WAIVER
20. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES,
EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE
RISK OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY
DAMAGE THERETO OR THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR
IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE.
INSURANCE
21. Licensee shall, at its sole cost and expense, procure and maintain during the life of this
Agreement the following insurance coverage:
A. Commercial General Liability Insurance. This insurance shall contain broad
form contractua/liability with a combined single limit of a minimum of $5,000,000
each occurrence and an aggregate limit of at least $10,000,000. Coverage must
be purchased on a post 1998 ISO occurrence or equivalent and include coverage
for, but not limited to, the following:
. Bodily Injury and Property Damage
. Personal Injury and Advertising Injury
. Fire legal liability
+ Products and completed operations
This policy shall also contain the following endorsements, which shall be indicated on
the certificate of insurance:
. The employee and workers compensation related exclusions in the above
policy shall not apply with respect to claims related to railroad employees.
+ The definition of insured contract shall be amended to remove any exclusion
or other limitation for any work being done within 50 feet of railroad property.
. Any exclusions related to the explosion, cOllapse and underground hazards
shall be removed.
No other endorsements limiting coverage may be included on the policy.
B. Business Automobile Insurance. This insurance shall contain a combined
single limit of at least $1,000,000 per occurrence, and include coverage for, but
not limited to the following:
. Bodily injury and property damage
. Any and all vehicles owned, used or hired
C. Workers Compensation and Employers Liability Insurance. This insurance
shall include coverage for, but not limited to:
. Licensee's statutory liability under the worker's compensation laws of the
state(s) in which the work is to be performed. If optional under State law, the
insurance must cover all employees anyway.
. Employer~' Liability (Part B) with limits of at least $500,000 each accident,
$500,000 by disease policy limit, $500,000 by disease each employee.
Form 424; Rev. 01/20/05
- 8 -
s r1 - 'l 10
Form Approved by VP-Law
.
Tracking No. 05-28599
D.
Railroad Protective Liability Insurance. This insurance shall name only the
Licensor as the Insured with coverage of at least $5,000,000 per occurrence and
$10,000,000 in the aggregate. The coverage obtained under this policy shall
only be effective during the initial installation and/or construction of the
PIPELINE. THE CONSTRUCTION OF THE PIPELINE SHALL BE
COMPLETED WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE. If further
maintenance of the PIPELINE is needed at a later date, an additional Railroad
Protective Liability Insurance Policy shall be required. The policy shall be issued
on a standard ISO form CG 00 35 10 93 and include the following:
. Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31
10 93)
. Endorsed to include the Limited Seepage and Pollution Endorsement.
. Endorsed to include Evacuation Expense Coverage Endorsement.
. No other endorsements restricting coverage may be added.
. The original policy must be provided to the Licensor prior to performing any
work or services under this Agreement.
In lieu of providing a Railroad Protective Liability Policy, Licensee may participate in
Licensor's Blanket Railroad Protective liability Insurance Policy available to Licensee or
its contractor. The limits of coverage are the same as above. The cost is $1,000.00.
.
CI I elect to participate in Licensor's Blanket Policy;
CI I elect not to participate in Licensor's Blanket Policy.
Other Requirements:
Where allowable by law, all policies (applying to coverage listed above) shall contain no
exclusion for punitive damages and certificates of insurance shall reflect that no
exclusion exists.
Licensee agrees to waive its right of recovery against licensor for all claims and suits
against Licensor. In addition, its insurers, through policy endorsement, waive their right
of SUbrogation against licensor for all claims and suits. The certificate of insurance
must reflect waiver of subrogation endorsement. Licensee further waives its right of
recovery, and its insurers also waive their right of subrogation against Licensor for loss
of its owned or leased property or property under its care, custody, or control.
Licensee's insurance policies through policy endorsement must include wording which
states that the policy shall be primary and non-contributing with respect to any insurance
carried by Licensor. The certificate of insurance must reflect that the above wording is
included in evidenced policies.
All policy(ies) required above (excluding Workers Compensation, Contractor's Pollution
Legal Liability and if applicable. Railroad Protective) shall include a severability of
interest endorsement and shall name Licensor and Staubach Global Services - RR, Inc.
as an additional insured with respect to work performed under this agreement.
Severability of interest and naming Licensor and Staubach Global Services - RR, Inc. as
additional insureds shall be indicated on the certificate of insurance.
.
Form 424; Rev. 01/20/05
- 9-
Si:-LI
Form Approved by VP-Law
Tracking No. 05-28599
.
Licensee is not allowed to self-insure without the prior written consent of Licensor. If
granted by Licensor, any deductible, self-insured retention or other financial
responsibility for claims shall be covered directly by Licensee in lieu of insurance. Any
and all Licensor liabilities that would otherwise, in accordance with the provisions of this
Agreement, be covered by Licensee's insurance will be covered as if Licensee elected
not to include a deductible, self-insured retention, or other financial responsibility for
claims.
Prior to commencing the Work, Licensee shall furnish to Licensor an acceptable
certificate(s) of insurance including an original signature of the authorized representative
evidencing the required coverage, endorsements, and amendments. The policy(ies)
shall contain a provision that obligates the insurance company(ies) issuing such
policy(ies) to notify Licensor in writing at least 30 days prior to any cancellation, non-
renewal, substitution or material alteration. This cancellation provision shall be indicated
on the certificate of insurance. In the event of a claim or lawsuit involving Railroad
arising out of this agreement, Licensee will make available any required policy covering
such claim or lawsuit.
Any insurance policy shall be written by a reputable insurance company acceptable to
Licensor or with a current Best's Guide Rating of A- and Class VII or better, and
authorized to do business in the state(s) in which the service is to be provided.
.
Licensee represents that this License has been thoroughly reviewed by Licensee's
insurance agent(s)/broker(s), who have been instructed by Licensee to procure the
insurance coverage required by this Agreement. Allocated Loss Expense shall be in
addition to all policy limits for coverages referenced above.
Not more frequently than once every five years, Licensor may reasonably modify the
required insurance coverage to reflect then-current risk management practices in the
railroad industry and underwriting practices in the insurance industry.
If any portion of the operation is to be subcontracted by Licensee, Licensee shall require
that the subcontractor shall provide and maintain insurance coverages as set forth
herein, naming Licensor as an additional insured, and shall require that the
subcontractor shall release, defend and indemnify Licensor to the same extent and
under the same terms and conditions as Licensee is required to release, defend and
indemnify Licensor herein.
Failure to provide evidence as required by this section shall entitle, but not require,
Licensor to terminate this License immediately. Acceptance of a certificate that does not
comply with this section shall not operate as a waiver of Licensee's obligations
hereunder.
The fact that insurance (including, without limitation, self-insurance) is obtained by
Licensee shall not be deemed to release or diminish the liability of Licensee including,
without limitation, liability under the indemnity provisions of this License. Damages
recoverable by Licensor shall not be limited by the amount of the required insurance
coverage.
.
Form 424; Rev. 01/20/05
- 10 ~
S'1 -- ) <[;
.
.
.
Form Approved by VP~Law
Tracking No. 05-28599
For purposes of this section, Licensor shall mean "Burlington Northern Santa Fe
Corporation", "BNSF Railway Company" and the subsidiaries, successors, assigns and
affiliates of each.
ENVIRONMENTAL
22.
(a)
Licensee shall strictly comply with all federal, state and local environmental laws
and regulations in its use of the Premises, including, but not limited to, the
Resource Conservation and Recovery Act, as amended (RCRA) , the Clean
Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act,
CERCLA (collectively referred to as the "Environmental Laws"). Licensee shall
not maintain a treatment, storage, transfer or disposal facility, or underground
storage tank, as defined by Environmental Laws on the Premises. Licensee shall
not release or suffer the release of oil or hazardous substances, as defined by
Environmental Laws on or about the Premises.
(b) Licensee shall give Licensor immediate notice to Licensor's Resource Operations
Center at (800) 832-5452 of any release of hazardous substances on or from the
Premises, violation of Environmental Laws, or inspection or inquiry by
governmental authorities charged with enforcing Environmental Laws with
respect to Licensee's use of the Premises. Licensee shall use the best efforts to
promptly respond to any release on or from the Premises. Licensee also shall
give Licensor immediate notice of all measures undertaken on behalf of Licensee
to investigate, remediate, respond to or otherwise cure such release or violation.
(c)
In the event that Licensor has notice from Licensee or otherwise of a release or
violation of Environmental Laws arising in any way with respect to the PIPELINE
which occurred or may occur during the term of this License, Licensor may
require Licensee, at Licensee's sole risk and expense, to take timely measures to
investigate, remediate, respond to or otherwise cure such release or violation
affecting the Premises or Licensor's right-of-way.
(d) Licensee shall promptly report to Licensor in writing any conditions or activities
upon the Premises known to Licensee which create a risk of harm to persons,
property or the environment and shall take whatever action is necessary to
prevent injury to persons or property arising out of such conditions or activities;
provided, however, that Licensee's reporting to Licensor shall not relieve
Licensee of any obligation whatsoever imposed on it by this License. Licensee
shall promptly respond to Licensor's request for information regarding said
conditions or activities.
AL TERA TIONS
23. Licensee may not make any alterations to the Premises or permanently affix anything to
the Premises or any buildings or other structures adjacent to the Premises without
Licensor's prior written consent.
Form 424; Rev. 01/20/05
- 11 -
S'L-l,~
.
.
.
Form Approved by VP-Law
Tracking No. 05-28599
NO WARRANTIES
24. LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY
STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR
IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR
WARRANTIES HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE
CONTAINED IN THIS LICENSE. L1CEN.SEE HEREBY WAIVES ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PREMISES OR
WHICH MAY EXIST BY OPERATION OF LAW OR IN EQUITY, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
QUIET ENJOYMENT
25. LICENSOR DOES NOT WARRANT ITS TITLE TO THE PROPERTY NOR
UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE
THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE.
DEFAULT
26.
If default shall be made in any of the covenants or agreements of Licensee contained in
this document, or in case of any assignment or transfer of this License by operation of
law, Licensor may, at its option, terminate this License by serving five (5) days' notice in
writing upon Licensee. Any waiver by Licensor of any default or defaults shall not
constitute a waiver of the right to terminate this License for any subsequent default or
defaults, nor shall any such waiver in any way affect Licensor's ability to enforce any
Section of this License. The remedy set forth in this Section 26 shall be in addition to,
and not in limitation of, any other remedies that Licensor may have at law or in equity.
LIENS AND CHARGES
27. Licensee shall promptly pay and discharge any and all liens arising out of any
construction, alterations or repairs done, suffered or permitted to be done by Licensee
on Premises. Licensor is hereby authorized to post any notices or take any other action
upon or with respect to Premises that is or may be permitted by law to prevent the
attachment of any such liens to Premises; provided, ho'^(ever, that failure of Licensor to
take any such action shall not relieve Licensee of any obligation or liability under this
Section 27 or any other Section of this License. Licensee shall pay when due any taxes,
assessments or other charges (collectively, "Taxes") levied or assessed upon the
Improvements by any governmental or quasi-governmental body or any Taxes levied or
assessed against Licensor or the Premises that are attributable to the Improvements.
TERMINATION
28.
This License may be terminated by Licensor, at any time, by serving thirty (30) days'
written notice of termination upon Licensee. This License may be terminated by
Licensee upon execution of Licensor's Mutual Termination Letter Agreement then in
effect. Upon expiration of the time specified in such notice, this License and all rights of
Licensee shall absolutely cease.
Form 424; Rev. 01/20/05
- 12-
5~ ~ <6 0
.
.
.
Form Approved by VP-Law
Tracking No. 05-28599
29.
If Licensee fails to surrender to Licensor the Premises, upon any termination of this
License, all liabilities and obligations of Licensee hereunder shall continue in effect until
the Premises are surrendered. Termination shall not release Licensee from 'any liability
or obligation, whether of indemnity or otherwise, resulting from any events happening
prior to the date of termination.
ASSIGNMENT
30. Neither Licensee, nor the heirs, legal representatives, successors, or assigns of
Licensee, nor any subsequent assignee, shall assign or transfer this License or any
interest herein, without the prior written consent and approval of Licensor, which may be
withheld in Licensor's sole discretion.
NOTICES
31. Any notice required or permitted to be given hereunder by one party to the other shall be
in writing and the same shall be given and shall be deemed to have been served and
given if (i) placed in the United States mail, certified, return receipt requested, or (ii)
deposited into the custody of a nationally recognized overnight delivery service,
addressed to the party to be notified at the address for such party specified below, or to
such other address as the party to be notified may designate by giving the other party no
less than thirty (30) days' advance written notice of such change in address.
If to Licensor:
Staubach Global Services - RR, Inc.
3017 Lou Menk Drive, Suite 100
Fort Worth, TX 76131-2800
Attn: Licenses/Permits
with a copy to: .
BNSF Railway Company
2500 Lou Menk Dr. - AOB3
Fort Worth, TX 76131
Attn: Manager - Land Revenue Management
If to Licensee:
City of Monticello
505 Walnut Street, Suite 1
Monticello, MN 55362
SURVIVAL
32. Neither termination nor expiration will release either party from any liability or obligation
under this License, whether of indemnity or otherwise, resulting from any acts, omissions
or events happening prior to the date of termination or expiration, or, if later, the date
when the PIPELINE and improvements are removed and the Premises are restored to
its condition as of the Effective Date.
RECORDATION
33. It is understood and agreed that this License shall not be placed on publiC record.
Form 424; Rev. 01/20/05
- 13 -
S<I-8\
.
.
.
Form Approved by VP-Law
Tracking No. 05~28599
APPLICABLE LAW
34. All questions concerning the interpretation or application of provisions of this License
shall be decided according to the substantive laws of the State of Texas without regard to
conflicts of law provisions.
SEVERABILITY
35. To the maximum extent possible, each provision of this License shall be interpreted in
such manner as to be effective and valid under applicable law, but if any provision of this
License shall be prohibited by, or held to be invalid under, applicable law, such provision
shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not
invalidate the remainder of such provision or any other provision of this License.
INTEGRATION
36. This License is the full and complete agreement between Licensor and Licensee with
respect to all matters relating to Licensee's use of the Premises, and supersedes any
and all other agreements between the parties hereto relating to Licensee's use of the
Premises as described herein. However, nothing herein is intended to terminate any
surviving obligation of Licensee or Licensee's obligation to defend and hold Licensor
harmless in any prior written agreement between the parties.
MISCELLANEOUS
37. In the event that Licensee consists of two or more parties, all the covenants and
agreements of Licensee herein contained shall be the joint and several covenants and
agreements of such parties.
38. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way
impair the right of Licensor to enforce that provision for any subsequent breach thereof.
Form 424; Rev. 01/20/05
- 14-
S'f - ~ d
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Form Approved by VP-Law
Tracking No. 05~28599
Staubach Global Services - RR, Inc. is acting as representative for BNSF Railway
Company.
IN WITNESS WHEREOF, this License has been duly executed, in duplicate, by the
parties hereto as of the day and year first above written.
BNSF RAILWAY COMPANY
Staubach Global Services - RR, Inc., its Attorney in
Fact
3017 Lou Menk Drive, Suite 100
Fort Worth, TX 76131-2800
By:
Robert Harder
Title: Associate Director National Accounts
CITY OF MONTICELLO
505 Walnut Street, Suite 1
Monticello, MN 55362
By:
Title:
Form 424; Rev. 01/20/05
- 15-
\;~ ~ '6.3
TRACKING NO.05-28599
EXH I BIT 1/ A II
ATTACHED TO CONTRACT BETWEEN
BNSF RAILWAY COMPANY
AND
CITY OF
MONTICELLO
SECT! ON: 13
TOWNSH IP: 121 N
RANGE: 25W
SCALE: 1 IN. = ~ FT.
TWIN CITIES DIV.
MONT I CELLO SUBD I V. L. S. Q2.Q2
DATE OS/26/2005
REV: 07/21/2005
c$
MONTICELLO
\
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SIZE:
CONTENTS: 5 TORM
PIPE MATERIAL:
SPECIFICATION / GRADE:
WALL THICK~JESS:
COATING:
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'to .~
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I~~ ..t. 'I::J
DESCRIPTION OF PIPELINE
PIPELINE SHOWN BOLD
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V- MN-1S
MAP 1 0
PARCEL _
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.10 L YNDAlE JeT.
-- Pel148 ..
--
--
PROPERTY LINE
CARRIER
PIPE
LENGTH ON R/W: 390'
WORKING PRESSURE: GRAVITY
BURY: BASE/RAIL TO TOP OF CASING
BURY: NATURAL GROUND
BURY: ROADWAY DITCHES
CATHODIC PROTECTION
CASING
PIPE
N/A
N/A
5'
5'
N/A
CARRIER
PIPE
CASING
PIPE
N/A
2-24"
WATER
RCP
CL2
3"
N/A
VENTS: NUMBER N/A SIZE HEIGHT OF VENT ABOVE GROUND
NOTE: TRENCH CUT METHOD TO BE USED FOR
INSTALLATION OF PIPELINES
NEAR MONTICELLO
COUNTY OF WR I GHT
STATE OF MN
S1-6~
CTF
DRAWING NO. 1-36376
.
.
..-...
...,.
5J.
Council Agenda - 9/26/05
Consideration of CalIine: for a Special Citv Council Meetine: to Award the Contract
for the CSAH 18/1-94 Interchane:e Proiect (Citv Proiect No. 2004-1C) (WSB)
A. REFERENCE AND BACKGROUND:
The CSAH 18 Interchange project will be bid at 2:30 p.m. on Friday, September 23,
2005. The bids will be checked and provided to Mn/DOT for concurrence. Mn/DOT
also needs to sign the Cooperative Agreement before the project is awarded by the
Council. We would like to schedule a special meeting for October 3,2005 to have the
Council consider the project award.
B. AL TERNA TIVE ACTIONS:
1. Consider calling a special meeting for 5 p.m. on October 3, 2005 for the purpose
of awarding the contract.
C. STAFF RECOMMENDATION:
The City Administrator recommends selecting Alternative No.1.
D. SUPPORTING DATA:
None
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Council Agenda - 9/26/05
5K. Approve Chanee Order No.1 for Jefferson Commons Pond Gradine (Citv of
Monticello Proiect No. 2004-33C) (WSB)
A. REFERENCE AND BACKGROUND:
The Jefferson Commons Pond grading project was completed in 2004 to provide ponding
for the new Monticello Theatre. This project involved excavating the pond and placing
the excess material on property adjoining the pond. The construction ofthe pond and the
preparation for placing the fill material resulted in increased excavation and seeding work
for the contractor. This change order addresses those increases in cost, both of which
were completed at the unit price bid in the contract.
B. ALTERNATIVE ACTIONS:
1. Approve Change Order No.1 in the amount of$18,783.05 for Cowan Grading &
Excavating, Inc.
C. STAFF RECOMMENDATION:
It is the recommendation of the City Administrator that Change Order No. I in the
amount of$18,783.05 be approved for payment.
D.
SUPPORTING DATA:
Copy of Change Order No.1
Letter from WSB & Associates, Inc.
~2) k- tr(P
F: \dawng\ wordproclJ005 COllncil Agenda ISepr J6-0519~ :6-05ApproveCOJejJersonCommol1s.tloc:
Sep,21. 20050: 4:30PM1
COWAN GRADING AND EXCAVATING
No, 3 8 4 9 P..2. 02/03
.EFFlhSON COMNONS POND GRADING
ITY OF MONTICI!LLo PROJECT NO, 20()4033C
weB PFtOJI!CT NO.1 488.91
OWNER:
CONTRACTOR;
CIT't"O' MO~TICEU.O
505 WALNUT STAlEr, BUITE 1
N1oNncaLO. MN SS3S2
COWAN GRADING & EXCAVATING. INC.
So1e5 . 212TH STREET, SUITE 1
FAFlMfNGTON, MN 55024
YOU ARE DIRECTED TO MAKE 'rHE FOLLOWING CHANGES IN THE CONTRACT OOCUMENT DESORIPTION:
CONTRACT QUANTITIES ARE MOPIFIEo AS SHOWN ON THE A'lTACHED DETAIl.
The excavation of the Jefferson Commons "ond Included the placement of exes" 80lls wfthin the adjaoent property. The strIpping of the tOpSoil
within the embankment erea involvfild more extensive topsOil removal than anticIpated, resulling In the Incrvased excavallon COBtli. The projecl
area a1.0 Included recently placed clay stockpiles that were seeded w~h this contrect.
IT IS UNDERSTOOD THAT THIS CHANGE OFIDi:A INCLUDES ALL AODITIONAl COSTS AND TIME EXTENSIONS WHICH AA~ IN ANY WAY, SHAPE, OR
FOAM ASSOCIATED WITH 1l-IE WOAK ELEMENTS DESCRIBED ABOVE.
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACTllME:
~AIGINAl COIIITFlACT PRICE:
.EVIOUS CI1ANGe ORDERS: N/A
CONTRACT PRICE PRIOR TO THIS CHANGE ORDER:
NET INCREASE OF TIM CHANGE ORDER:
CONTRACT PRIcE WITH AU APPROVED CHANGE ORDERS:
$51.840.75 ORIGINAL CONTRACT TIME; 5/2712005
$(tOO NET CHANGE FROM PREVIOUS CHANGi OADERS: NONE
151,8'0.75 CONTRACT 'TIME PRIOR TO THIS CHANGE ORDER: 5127/2005
$18,783.05 NET INCr1SAsE OF CHANa~ ORDER: NONE
$70,923.80 OONTRACT TIME WITH APPROVED CHANGe ORDERS: 5127/2005
RECO'":gj k~
BAET A. WEISS, P.E., PROJECT MANAGER
a=-
~
CONTRACTOR ~TURE
wse 80 ASSOCIATi'S, INC.
ENGINEER
COWAN GRADING & EXCAVATING, INC.
CONTRACTOR
APPROVEO !'t':
~tA~
CITY ENGINEER
CITY AOMINISTRATOR
, - Z 1 -- 05
DATE
DATE
.
S \Z- Z I
D_.
.
JEFFERSON COMMONS POND GRADING
CITY OF MONTICELLO PROJECT NO. 2004-33C
WSB PROJECT NO. 1488-91
SEPTEMBER 19, 2005
ADDED ITEMS
Item No. Description
oty
CUWAN
Unit
Price
Extended Amount
2
SEEDING, MIX 150 (INCL. FERT & MULCH)
COMMON EXCAVATION
11.45
ACRE
CV
LF
$465.00
$1.15
$3.25
$5,324.25
$13,296.30
$162.50
11,562.00
3
SILT FENCE (HAND PLACED)
50.00
TOTAL ADDED ITEMS CHANGE ORDER NO.1
$18,783.05
DELETED ITEMS
.
Item No. Description
oty
Unit
Price
Extended Amount
$0.00
TOTAL DELETED ITEMS CHANGE ORDER NO.1
$0.00
TOTAL ADJUSTMENT TO ORIGINAL CONTRACT AMOUNT
$18,783.05
.
S k _1~
Page 2
K:101488-91IAdm/nlConstruct/on Adm/nIEXCEL ICO 1.x/sCOl Detail
~
WSB
. & Associates. Inc.
Infrastructure I Engineering I Planning I Construction
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
September 22, 2005
Mr. Rick Wolfsteller, City Administrator
City of Monticello
505 Walnut Street, Suite 1
Monticello, MN 55362
Attn: Dawn Grossinger, Deputy City Clerk
Re: Change Order No.1
Jefferson Commons Pond Grading
City of Monticello, MN
City of Monticello Project No. 2004-33C
WSB Project No. 1488-91
Dear Mr. W olfsteller:
.
Please find enclosed Change Order No.1 (in triplicate) for the above-referenced project for your
review and approval. The increase to the original contract amount is $18,783.05, resulting in a
revised contract total of $70,623.80. This change order amount will be included with the next
construction pay voucher processed. We hereby recommend that the City of Monticello approve
Change Order No.1 for Cowan Grading & Excavating, Inc.
If you have any questions regarding the above, please do not hesitate to contact me at 763-287-
7190.
Sincerely,
WSB & Associates, Inc.
~~W~
Bret A. Weiss, P.E.
Project Manager
Enclosures
cc:
Dennis Cowan, Cowan Grading & Excavating, Inc.
Sk~<t5~
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srb
K..VJ1488-9Mdmln\C",l.Tlru.di/)ft Adnzlh\l.TR co J-r \W)lfd~1lt!r-092605.d()c
Minneapolis I St. Cloud
Equal Opportunity Employer
~
WSB
'. & Associates, Inc.
Infrastructure I Engineering I Planning I Construction
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
September 22, 2005
Honorable Mayor and City Council
City of Monticello
505 Walnut Street, Suite 1
Monticello, MN 55362
Re: Revised Construction Pay Voucher No.8 (Final)
Cedar Street and 7th Street Reconstruction Projects
City of Monticello Project Nos. 2000-18C and 200l-07C
WSB Project No. 1338-01
Dear Mayor and Council Members:
Please find enclosed the final Construction Pay Voucher No.8 for the above-referenced project
in the amount of $19,852.22. Also enclosed is the following documentation required for
processing final payment for the above-referenced project:
...-.. 1.
~
2.
3.
4.
Satisfactory showing that the contractor has complied with the provisions of Minnesota
Statutes 290.92 requiring withholding state income tax.
Evidence in the form of an affidavit that all claims against the contractor by reasons of
the contract have been fully paid or satisfactorily secured.
Consent of Surety to Final Payment certification from the contractor's surety.
Two-year maintenance bond (not required - the warranty has expired).
We recommend final payment in the amount of $19,852.22 to Bauerly Brothers, Inc. at your
earliest con venience.
Sincerely,
WSB & Associates, Inc.
15wA~
Bret A. Weiss, P.E.
Project Manager
Enclosures
cc:
Rick W olfsteller, City of Monticello
Darby Brown, Bauerly Brothers, Inc.
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F.'\WPWlM1338-Ol\LTR Va 8 FNI. RVSD-hmcc...(J926lJ5.dn(:
Minneapolis I S1. Cloud
Equal Opportunity Employer
\ MINNESOTA
f"
Department of Revenue 12---20<6
Withholding AHidavit for Contractors
This affidavit must be approved by the Minnesota Deportment of Revenue before the state of
Minnesota or any of its subdivisions can make final payment to contractors.
IC~ 134
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Stock No. 5000134
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Company nome Daytime phone
I Bauerly Brothers. lnc. I
2
I Address I T otol controct omount
I 4787 Shadow Wood Drive NE I
I City State Zip Code I
0a~Racids___~___~~~___/
I Minnesoto withholding tox ID number
Month/yem work began
$ 574 175.54
Amount still due
$ Retaina.ge
Se t 2001
Month/year work ended
Aug 2002
Project number
I Project locotion
I Cedar Street & 7th Street Reconstruction-Monticello, MN
Address City Stote
Zip code
Project Owner
City of Monticello
Did you hove employees work on this proiecta lXI Yes 0 No If no. who did the work?
Check the box that describes your involvement in the project and fill in all informotion requested.
o Sole contractor
o Subcontractor
Ncme of controctor who hired you
Address
Ii] Prime contractor-If you subcontracted out any work on this project, 011 of your subcontractors must file their own
Ie 134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each
subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified Ie 134. If you
need more space, attach a separate sheet.
Business name Address
Centra Lan scaping, Inc. 55 La e Drive Forest
Dirtworks 2000, Tnf'. ')R10 North Benton Drive Sank
Geyer Signal of St. Cloud 4205 Roosevelt Road St.
Heartland Landscaping 21979 Franklin Road Clearwater, MN 55320
Mi n!'lT!'ITP 'Rp/",!'Ilm!'lT; on ? 1 Q<;<; r.,-pn!'ln!'l AvpnllP T.!'Ikp1Ti 11 P, MN <;<;nL..L..
Randy Kramer Excavating, Inc. PO Box 498 Watkins, MN 55389
Schmidt Curb 13195 - 95th Street NE Elk River, MN 55330-7416
'l'ech/.p.PM 14HZU James Road Rogers, MN ':J':Jj/4
t I.' form n I hove filled in on this form is true and complete to the best of my know/edge end belief. I authorize the Deportment of
. d se p nent information re/cting to this proiect. including sending copies of this form, to the prime contractor if I om c subcontractor,
b ntr ors if I em 0 prime contrcctor, and to the contracting agency.
Title Date
Contract Administrator"
ithhalding Division, Mail Station 6610, St. Paul, MN 55146-6610
12/06 2002
Certificate of Compliance
Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has
fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax
from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions.
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MIN:N:ESOTA Department of Revenue JO~ * () 1 - tG{ ~
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",," Withholding AHidavit for Contractors
This affidavit must be approved by the Minnesota Department of Revenue before the state of
. "Minnesota or any of its subdivisions can make final payment to contractors.
DEe 112001
Please type or print clearly. This will be your mailing label for returning the compleled form.
0---------------__,
Company name Daytime phone
I C en:tILa.1. Lando c.a.p1..ng , I nc.. I
I Address
, 73655 Lake. VIL. , $
I City State Zip Code I
~o~e..6~La~___MN__~5025___/
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IC~ 134
Minnesota withholding tax ID number
T 0101 contract amount
R3~D
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Project number
I Project location C P~Q
Address -
HDYl tl Ce,\ l 0
State lip code
Check the box that describes your involvement in the proiect and fill in all information requested.
o Sole contractor
~ Subcontractor
( No_ of """0"0. who h;~d yo" fu-ut...v ~ ~"IlI)~ \ 1
:Jb~l ~W.dolJ.)l k Joc:d b~. L (').. If ~'rirtS I MN S(,,3l'1
o Prime contractor-If you subcontracted out any work on this project, all of your suocontractors must file their own
Ie 134 affidavits and have them certified by the Department of Revenue before you can file your affjdavit. For each
subcontractor you had, fill in the information be/ow and attach a copy of each subcontractor's certified IC-134. If you
need more space, attach a separate sheet.
Business name Address Owner/Officer
I dec:la", that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of
Revenue to disc:lose pertinent information relating to this praiset, including Se[lding copies oFthis form, to the prime contractor if I am a subcontractor,
and to any subcontractors if I am a prime contractor, and to the contracting agency.
Ir r's sig Tit e Date
tl O"Z-
Certificate of Compliance
Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has
fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax
from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions.
Dep~0!nl~::~7ve~ue :~~~~~~~.: gib 1 7 2002 Dale
No. 5000134
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NOV. 12.2002 1:56PM
rO:BAUERLY BROS INC
GEYER SIGNAL
NO. 096
P.1/1
/'MlNNESOTA Department of Revenue
. "'W___~ _ ____._..~... .___ _ .______.---,..
j.., Withholding Affidavit fo', Contractors
. ThI, affidavit mut:t Pc qpproyoc:J by rh. Mlnne'o~ Deportment of RovenLl~ before ,h. BfO,. of
o E C 11 2ntrZ' Mlnno,ofc:l or ony of Its subdjvi~ion~ can make Fino/ paymant to eOnlracfors.
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CompoPI)' nGIM Oo)'lllll' ph~a
'I Geyer Sicmal of St Cloud Inc. I , 320 253- 00
Ad~1JH.. I T*! IOQIllrqel GmOUl'lI
! 4,~5 ;~oosevel t Road_ ~ I $
I Cl'Y SftIflI Zip Cod. I ~mOI/llIIl
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Min"... 'OI'lthhllldll'l6 ,~ ID """,bor
3502133
Mo"II)/yoar worI<
Pro/lCt lIumber
No If nD. whll did lhe-'"
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r' ! g Jot- c.mrcrctor
. 'I ~QHltractor
. ~ j Nclnlt Dr CCIIllrllctor who ~I..d ~ c- ~
';:.!..... . D~: aoS-~ ~clo~ ~I.) ~3l)~
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rCo13A afflclavitl and have them certified by the Oepqrtmenf of Reven_ befo,. you can file your crfff~ovIt. For ea~n
subcontractor YOl.l hod, HII in the information below and altac:h a copy of each subcontraclor's certified Ie 134. IF you
need more "perce, ottach 0 separaftl shtet.
1lu.1".u n...... Ad~..u Owner/Offll:llr
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Man IG:MN Ollp'. of Re'lenuo, WIlhllolding D1vr,icl'l. Mc:Jil SlQIiDn 6610, St. Pout MN 551~10
Certificate Gf Compliance
aoMd 011 records of fhe Minne~tc o.PQrtmelll of RevelJlJe, I ctrtity Jhatthe qcll'ftractor wi'lo halsloned this certif'ic:ate hCl5
fulfilled 011 the ~uj...menls of Mln/lMOtQ Slatut8$ 290.92 and 290,97 c:onc;ernlns the wirhtlofding of Mionesota incDme jQx
Item waoes paid to el1lploye& relatll\g to COfltracf set'Vlces with th..1l:l18 of Minneeoto and/Or ib 5Ubdlvi:liollll.
(!12~~~:',:~"ue,~~"'-~ . ~.. DEe 1 7 2002 001.
.
s,lId< No, :100013'1
fK... 111911 I'rt"_ 01\ ~.. '""1M! ..lltIl0r; ~""_lI\tf _ "'i"8 ~"'" 1111<,
S L -,q~
11/18/2882 21: 13 5582718888 -' TODD HODNEFIELD
NUV-U8-2U02 rRI 03:05 PM BAUERLY CO. SAUK RAPIDS FAX NO. 3202510011
' MTNNESOTA J.~:r~~t~,en,t of J~evenue
~ ...... 1...;1..... .41..",. ___ .J"__..__,..._.. .__..............._'I'....I".I....,._..........._II.~....
WithholdIng Affidavit for Contractors
1h,'a ~H;dllyif II1I.11;t bll cPI1rowd by Ih. MlnMtQllo ~l1l(;nI 0' I~nue bofo,. Ih. slo,. 0'
M"I~I/IJ t"r t/lly 1.1' J~ S/J~Jilfl$H:m' cOr! M9le lino! ~,,' 10 CO/lITrn:Jot,.
PAGE 82
P. 02/04
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Ch,il:4 /}1t, t\,~ Ik,/ d,}~"ib(ll yr;,u, invalvomllnl in the pro(ect rwJ Fill In alllnformollo" rmJI,ICtll"d.
Cl $411. .-O,,_ItC''''
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/C. 1 '4 ~.'fid<lli:$ (l'1d hove ,,,~,,, cOI/lfi.d by Ih.. Ot;tpOrftrlt"'/ 0' t"'.!IlJll Of/F"'ff you C'~" IlIt yovrQffidc:lvfl. for uDell
tvll(:l)"I/'\~~I.)r Y"v I:<lcl. llilln 'ho l"fo/mDtlon below 000 ll"adl a copy,,' QOth ~l'~ontrat:'cr'lI c;e"j~ed ICI:t... If yO\l
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r-:-o:-,:::~~~~~:=~~::::==-~~:,=, ~~ho' .~,od Ih:::' ~
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(ton WClB"" pOI~ II} llil'l;>mtlilll r.;laiir\O I., (onlracl set'tice, wi'" 1M stare of MInnesota aNd/ot It~ ,ubdlvltiollll.
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11/11/2aa2 12:58
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9529855656
MIDSTATE COMPANIES
PAGE a1
1~206
MINNESOTA Department of Revenue
Withholcling Affidavit for Contractor.
Thi$ "ffidavlt must be approved by the Mlnn..olO Department 01 R"""ue beFore the stale of
DEe 11 20 o~/n~ 01' any of ItIJI/IxI;vi,iON c:atl make Final payment fo comroctOl'l.
PIeo.. ~ or print a/."rIy. 'Thl, will ". )'04Ir moiling 1,,1>>1 For "luml~ th. ccmplereJ form.
~-----------------,
CoIIIpany - DaytIrn. phone
I Mldstate Reolamatlonr In(: I (9~1 985-66fi5
I AdiIr... I Talal COlltroclamoum
I 21855 Grenada Ave I $ 4949.00
I CIIy SIuIe Zip Cede I ""-'nl 1110 due
\. !:!ktV!!!! _ _ _ _ _ M~ _ _5!..~ _ _ _ ..I $ 248.81
I
le-134
MInnMo*I Iall 10 nwnIMr
1110583
MtwfIn/r-........ IMp
g-01
PIof~ number
12208
PratM_
City of Monti~f1o
Old you have ~ wert. an rhl& pro)", [2]".. DNo "no, who dldlhto W,,"f
1I'\"oIflQII..-IIan
Cedar & 7th Street Monticello. MN
A~
ClIy
Monticello
~ ~ood.
MN
Ch.clc ",. box that de~eribef yOI.Jr inWJWemsnt In fir. prol.m and "fI ,,, tllllnformaHon reqIMJr.d.
f2] .... contractor
CJ 5*ontractor
"'- of gonlrudw who hl_ you
.s!:rfv Brothers. Ino.
4787 Shadow Wood Drive NE, Sauk Raoids. MN 56379
D ~rfm. MntnK:t..-ff you sobcontroct.d Ol,lt any work on thil proi-=t, all of YOOf $ubcontraclor. muSI AI. th,lr own
IC.134 affidavits ond hove them certified by the D,partm,nt of Revtnu. bMo,. yoo can AI, yoor affidavlt. For each
subc::onrrac:tor yoo ~ad, fill In Ihe information below and ottaoh a copy of each suboonlrQclor'. certified lC 134. If yoo
n"d mo,.. spoc., attac~ a seporal' sheet.
el/Ii_. IlCIIM AoI.... ewMr/OfRe.
I'*"',. r#ttII oN Inlomrotion 11tq~ filMd In 01'1 ",,.Ionn I. IIw and <<HIlpW. to ",. ,*, oIl1'lY knowIadae and belw. I 0fIIh0r1. lit. ~ of
R.~ to disc/Ole pMrIlIent InIormanoft ,./on. /D drl. /?'V;ect, In<;W. '*'lIIng lltlplw of"'" /rnrr., )0 Ib_ primll <;gntroclor " 10m 0 IU~,
<<rd to llny wbDonlrocto,.. f I CIl'Il a pllme conlrollbr, anti lradltlfl y.
Canlr
'0
oldl",g Divlllon, Melli SIoIlOll 6610, St. Poul. MN '.51.46-0610
Certificate of Compliance
llaS8d on records of the Minnosota Department of RltVlJI1ue, I certify that the col'llroclor who has signed thl, c.,."Acatlt has
fulflJled all the requir.m.nb of Minnesota Statutes 290.92 Qnd 296.97 concer/llng the Wlrhholdlng of M1nnHOta incomo to/(
~fr,~' ~~~ paid to ~~' OY.tM, ".~to, contf;'~.rvlc, 'lIJb.rb.. $10" of Mlnn..ota and/or its subdivision..
" "Jft#~rrw., ,--~, 1 lUUl 00.
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_k No, ~OOO13.
(I.., III99J
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.-.
SL-~[O\
11/12/2BB2 12:B2 32B7642SB6
. MINNESOTA Department of Revenue
Withholding Affidavit for Contractors
Tn;J aFFidQllil ",v,t he cpproVMl by the Mif)nl!$oto DepfJt1menr of Revenue before th. $to,. of
~ E C 11 20ll! M,.""_ M ""y of", wbdM.'.... "'" mako a.", po,....,,' '" ,"...""".
"
RKEXC
17/ZOt2
le-' 34
Pleos~ type Qr pri,,' d~rlr. This 'Ifill be yollr /ll(Jilirtg 'obe' for relurnlng the Cgmple/ttd fotm.
~-----------------~
Compllny IIQIM " ,
, ,I ~~ ~S,.~~"(.~ \~ I
'r.l!ll~s5 I
!:'~'I:' ~,f.ill. ~ ~ ~~ ~~ ~ . I
ijj~" ~1; I CIty ~.. Zip Cod. I
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.
Dlilytllllt pJ,olle
(,201 ""-
T llkllliOllftCl(t ClIl'l6I1I1'
$ \'-\\0
AIllOllllt Illli due
$
Minnesola withhllldin~ "" 10 IIl1mblor
\\o~\o~2D
Month/yell, work on
'i\i)
Ml;lnth/yng, Wgr efl
C\
; Pralle! lIurnb., .
j P~t Iocotion ""
~~k"t~~\
~\~,.sa
Old you hIM!! employees work on this proi"cl~
City
$lell!l Zip CCld. .
No IF II;' :"'ho did th. 'NgM
Cher;k tit" box fhat describes your involvem.nl/n lit" project and fill in oil informar/em ,..qu",,.d,
o Sol. contractor
~ Subeo"tractor
Nem. "F eonlrocl1s~ whn ~lf'I!ld YO"
~~~ ~~,
PrI,"e eontractor-IF you $l.rbeol'ltrocted out c:lny work on this project, oil of your subcontroc:tor, ml,l3t file theIr own
Ie", 34 affidavits and have ,hem terrified by the O./:1I:1I1mlilnt of Revenue bfJfore you can file your affidavit, For each
$ubcontrodor YOIJ had, Fill in the information below and attoc;h c copy of each slJbcontroctor' s eerH~ed IC-13.4. If you
noed morll 'poco, ottaeh a s.porato _hllet.
illsin...!.!!.a~ AJdre&$
Addre..
Own~r/9&
"....."'...-....,.,.. ...I....'""',.. -.-_""""1 .......~;r..;......--..
/ ~oro IItot 0/1 Infcl'mCll/on I hove filled In OIl ",;~ fc"" I. Irw C1nd complele 10 'hI! bal of my kllOY"ledge orrd ~/i.f. I outhori. 1M Oopo'~nl of
1r8\OMU8 10 dbt:IOf. port/neFtt Inforrno/lM felCl'lng /<I dll, prof-.:t, Indud/ng nndJng copr" of mi. form, 10 th" prl/llllJ l:Onll'l:lt:lOt If / omllJ .ubccnlN:lc:/ot,
and 10 any Jubco"lrGcttJr:: ill am CI pt'lffle eon/Me"", orro ItJ lire tlonlrrn;/;"i 1;1Q1Incr.
r.. ~ ~
\"'~~~ \\,w\'l..-01-
ivision, Mail Station 6610. St. Paul, MN 55146.0610
Certificate of Campliance
8aMld on t9Cords of 'he MInnesota Department of Revenue, I certify that the contrClctar who h(l$ 11gnod this carlfflcate has ,
fulfilled all the ~qulrem.nts of Minnesolo SIof1JIe. 290.92 ancl290.97 concerning ,he withholding of Minnesota Income lox
from wages paid to employees r@loling to contract services with the stOte of Mirlne$Olo and/or its subdivisions.
CJ~rJ!l~nue """~'J.. .. · _ .._..1; . ....., Dolo
V/l:;"/l~~ (/~.J Die; ~
~
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SIock Nc. ",000134
IR&-o. 11/96)
PIi/lNd .... ~J.d ","P"" wi'" I lnl. post.c......mer _.Ill .'in9 ...,.aaNI/Ilnk.
S L- ! b cd,
fINNESOTA
.
.
Department of Revenue
Withholding AHidavit for Contractors
This affidavit must be approved by the Minnesota Department of Revenue beFore the state of
Minnesota or any of its subdivisions can make final payment to contractors.
l?ZO ~
IC..134
1 ~zlJm. print clearly. This will be yo!)r mailing label Far retvming the completed farm.
~-----------------\
Company nome
I I
I SC'h~idt ('11Th I'nmr::lny, Tn('. I
Addre..
I 1 ~ 1 q l:i - q ') t h R t rr:>p t- N. R I
I City Slate Zip Code I
\.. ~l k _ Ri ver..L -MN . _ ~5l..3-9. -.111 ~ _ _ ./
Minne$oto withholding tax ID nvmber
r;+. 1 ct
G~I ~
If no: who did ihe'worU
SI- . I M 0 Vl fl' Le- ,
C"1y()
LtV5~ /Cd
o
IIA Slote ljiPco;;C2/. 1")...-
rVlOII.. h' te..l (0 "" .r../:/lfJ .,r
Check the box that describes your involvement in the project and fill in all information requested.
o Sole contractor
liJ Subcontractor
" of controctrr who
a..L{~v
1:1rell . I d ~
AJJ 5 ~ 3"13-
o Prime contractor-If yoosubcontracted out any workanthis,project;Ollaf your subcontractors must file their Own
IC.134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For eoch
subcontractor you hod, fill in theinfarmotion below and attach 0 copy of each subcontractor's certified IC-134. If you
need more space, attach a separate sheet. '_.
8ulil'leS$ noml! Address Owner/Olficltr
I declare that all information i have Filled in on this form i. "". and complele 10 the best of my knowladg" and belief. I authorize rile Deportment of
Revenue /0 disclose pertinent Information relating 10 this project, including .ending copies of thl. farm, to /he prime contractor if I om 0 subcontroctor,
and to any subcontraclor. iF 10m a prime contractor, and 10 the canlroctlllg agency.
ctor's slgnoture S J'l 0 ... : (J Title
.~o. ~ ~+ President
Mallto:'MN Dept. of Revenue, Withholding Division, Moil Stotion 6610, SI. Poul, MN 55146-6610
CertificQte .ofCompliance.
Based on records of the Minnesota Deportment of Revenue, I certifythatthecontroctor :whohos signedthiscertifjcote has
fulfilled 01/ the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesoto income tax
from wages paid to employees relating to contrad services with the state of Minnesota and/or its subdivisions.
Oepartw.'llt of Revenue approval.. " Datu
.- d"f:;. 1't..~1. .-_....:i
?~e,,"'rz;i/Z V~-:
=-~ No. .5000 134
'. 11/961 Prinotd on '<leyC!ed POP'l' will> 10,," po.t-con'""'..r "",,,,. ".ing IOy-bo.-.l Inl<:.
SL.""(03
)"orm
'"'f JUL 2 e 2002
Minnesota Department of Revenue
Withholding Affidavit for Contractors
1 ~ ~Og
IC-134
.11/90 EC 11 20m'
This affidavit must be approved by the Minnesota Department of Revenue before the
State of Minnesota or any of its subdivisions can make final payment to contractors.
Company name Minnesota ID number
UNITED RENTALS HWY TECH/PPM 5194523
Address Month/year work began
14280 JAMES ROAD 10/30/2001
City State Zip Code Month/year work ended
ROGERS MN 55374 06/11/2002
Please type or print clearly above. This will be your Total contract amount;
mailing label for returning the completed form. $1,029.68
Telephone number Amount still due:
(763)428~8767 $1,029.68
Did you have employees work on this project? Project number: CP 2001-07C
If none, explain who did the work: Project location: Monticello/ Cedar & 7th
YES Project owner: Monticello
Address
Check the box that describes your involvement in the project and fill in all information requested in that category:
05018 contractor
[gISubcontractor If you are a subcontractor, fill in the name and address of the contractor that hired you:
Baurely
4787.Shadowwood Dr NE
Sauk Rapids, MN 56379
o Prime Contractor If you subcontracted out any work on this project, all of your subcontractors must file their own
. IC-134 affidavit and have them certified by the Department of Revenue before you can file your
affidavit. For each subcontractor you had, fill in the business information below, and attach a copy
of each subcontractor's certified IC-134. (If you need more space, attach a seperatesheet.)
Business name Address Owner/Officer
I declare that all information I have filled in on this form is true and completed to the best of my knowledge and belief. I authorize
the Depa nt of Revenue to disclose pertinent information relating to this project, including sending copies of this form,
to the prime ontra tor if I am a subcontractor, and to any subcontractors if I am a prime contractor, and to the contracting agency.
ig~ture Tille Date
Administrative Assistant Jul 24,2002
For certification, mail original and one copy to:
ota Department of Revenue, Business Trust Tax Section
Mail Station 6610, St Paul, MN 55146~6610
Certificate of Compliance with Minnesota Income Tax Withholding Law
Based on records of the Minnesota Department of Revenue, I certify that the contractor who has sighned this certificate has
fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from
es' id to employees relating to contract services with the state of Minnesota and/or its subdivisions.
Stock No. 5000134
o 1 2002 .-eib ,'J 2BrP
Date
SL--loq
SEP-21-2005 15:21 WSB & ASSOCIATES
SEP-21-2005 WED 03:14 PM BAUERLY BROS,
763541170121
FAX NO. 320 229 3784
P. 10/10
p, 10
1l0CUIVlENT 00660
-.
RECEIPT AND WAIVER OF MECHANIC'S L1EN RIGHTS
1.
This is a LEGAL INSTRUMENT and must b~ ex.ecu!ed ilccordin~ly by officers ,of cQrporation~ and by
partner::! in cOwpartner~hips.
It is importllilt that ALL the blanks be completed and the AMOUNT PAID BE SRO\VN.
A receipt similm [0 this or lega.l waiver of lieI'\. rights will be requir~d for aU plul~lbing. heatinQ., plastering
mati::rials, etc.
NO ERASURES OR ALTERATIONS MUST BE MADE.
2.
3.
4.
DATE:
9/21/2005
The undel'signed hereby ack.nowledges receipt of the SlUl1 of$ 1)44, 3? ~ ';j?
CH1~CK ONLY ONE '
1) 0 as partial payment for labor, slcill, f\.l'\.d material furnished or to be fllmished
2) 9 as paymc:nt far all labor. skill, and ma,erial furnjshed or to be furnished or to be furnished (excepl
the sum at' $_--,l1-!J3~_~':.-~.~~ retain age or holdback)
3) 0 as full and GClal payment for all labor, skill, and material furnished or to be furnished
.
to the following described real property; (lega.l description, street address, or project name)
Cedar Street Reconstruction & 7th Street Reconstruction
Monticello, MN
City Project # 2000-18C & 2001-07C
and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's li~ns
against said real property for labor, skill, or material furnished to said real propeny (only tor the amowlt paid
if Box 1 is checked, iU,1d, except for rctainage shown in Bo~ 2 is checked). The und~r:!iigned affirms that all .
material furnished by the undersigned has been paid for, and all subconn-actors employed by the undersigned
have be~n paid in full, EXCEPT: '
,
,
.......
(Sjl:nRwr~)
John "F. Quade
Vice-President
[fItllll
4787 Shadow Wood prive NE
V'.ddr~~~)
Sauk Rapids, MN 56379
(Mdl'llSl)
.
(^,,4r~55)
S L-.ltJS
TOTAL P.10
12/16/2662 13:45
3267642566
RKEXC
PAGE 62
DOCUl\1tN'r 00660
RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS
.1.
This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by
partners in co-partnerships.
It is important that ALL the blanks be completed and the AMOUNT PAID BE SHOWN.
A receipt similar to this or legal waiver of lien rights will be required for all plwnbing, heating, plastering
materials, etc.
NO ERASURES OR ALTERATIONS MUST BE MADE.
2.
3.
4.
DATE: 12JJ 2/2Q02
The undersigned hereby acknowledges receipt of the sum of$
CHECK ONLY ONE
1) 0 as partial payment for labor, skill, and material furnished or to be ft1mished
2) Gl as payment for all labor, skill, and material. furnished or to be furnished or to be furnished (ex.cept
the sum. of$ \,"2..'SD .D;,. rctainage or holdback)
3) 0 as full and final payment for all labor, skill, and material furnish.ed or to be furnished
to the following described real property: (legal description. street address, Of project nNtle)
.
Cedar Street 6 7th Stree~ ~econstruction
C1ty of Morttieello Project * 2001-070
Mont:i.c.e.llo 1 MN
and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens
against said real property fot labor, skill, or material furnished to said real property (only for the amount paid
if Box. 1 is checked, and ex.cept for retainage shown in Box 2 is checked). The undersigned affirms that all
material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned
have:: been paid in full, EXCEPT; ,
~~ ~~"S q <[~ \~
\ (Company Nlftle)
-f{ "J J!- ,.,
(5 i:".tulC)
~o:;..\.~"'t ..s'\
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(AddrellS)
(Thle)
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12/13/213132 113: 23 9529855656 MIDSTATE COMPAN!,ES _n .
DEC-t2-2002 THU 04:58 PM BAUERLY 00. SAUK RAPIDS FAX NO. 3202610011
, I I ~
II., I ,
PAGE 131
P. 02/02
DUCOMENT OO/JllO
IUCCI~IJ'T AND W ATVER OIl MECH.ANIC'S lJffiN lUGUTS
I.
Tbl~ 'If ~ 1..ll~HA'. J N~'1'ULT/\n~NT (ll)d must be e)(8ClIt~*C:lOoNiDQ1y, l\Y.C1Q1C&"'J'l.of.corpomtlonl :11'\<<1 by. , ,
Jml'lUloIfj in cu o}\I\1'llllO'fllhip!l.
Jf. ill in1!'OI1111It llmt AI.lllhl.! blnnks bo eompl~tlM1l\Qd the AMOUNT I-AID IJI1~ SHOWN.
^ r..:t'~ipt s!mi1:lr \0 t1li~ (\I' JC'~lll waiver orlien ricbU will bo r'OClulrl'd for all plumbing, heftliuS. ploitllrlns
II HI ft,'dll I 'I, l:tc.
'NO I~Kt\1WIU~S OJ( .u:n:kA 'frONS MU~'1' BE MAD":.
2.
J.
4.
1lt\'I'I~: ;Z.lUL fJr)(I'J
f 'n&1:\ Uf'(~~~N~:"n~(f h:.,;l:;- o'k;~~~:~ ~CcIPt:r Ih~ SlUl'! of $_.4 972"_2,:/
CIII~CK ON1.V ON'~
J) [] nit p:u l;,.l payment fur labor. sk m, and Inator~M funueo&,or to be ,&um\M4d-. -.
2) 61 kS 1:ll1YUWll( (..If all labor. skill, ~, mtltcriAl furnished or to be furl\i<<hcd or to be furnished (oxecPl
lh~ ~llnll,r $ ~... 1.!J.j. 4!' __... rctaimlSc or holdback)
3) CJ as fnU.Qnd nn..11 r'lI)'.nunt for 1I11 labor, .akill, find nu'tlt."rial n.lmj~hed or 10 bo fbtl\ishcd
~, lho foUowinl~ dl:scd1?cd reld property: (Iugnl &Jc:scripticJn, s\reel flddrells, or project nome:)
Codnr ~t rb(lt & 7th Strot:'[ RecOnetr'tctiOR
r,lty of M'\I\efc<<IJ 10 projtct # 2001...07C
Mfllll:.itlO 110. MN
Rod rQr v;,lll~ n:crlvc:-d ben'by Wll,veR 011 r1s.hts Act).\1irud hy lhe undersigned \0 me Or reconl mcC'hnnic'lli~nli
~fl.\'f1~t snkt r\$;lll1rvl":lty for Iilholl .kom, Or l\laCCl1al futlushod 1.0 $8.ltl reol prol'ICn)' (only fur \ho nmount pllJa
il ULl~ till ~hlJ4'k...cJ\ f.nd (lXcept. tor NlftiMlllJ shown ill Box 2 i!l cheekl.!d). 'rho undorsilnod oMn\1!I thQl nJl
ml)"~,1(\t fumi'llwu b)' lh" undcndGftl!d hRS beeJl pnid for, and ftl\ subcontractors ernployed by tbe \1IuJl3rlllaocd
l\ll\l\~ h"'l:u I~alrt iI\ full, rfXCHPT;
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DEC-13-2002 11:18 FROM CENTRAL LAND
TO
BAUERL Y P. 02
. . ,
OOCUMENT 00&60
-
Kfl:CJi~IIJ" ANn WAIVER OF MECHANIC'S LIEN RIGllTS
-e t.
2.
J.
'J1li, jll n r.I,:OAI.INS'fRUMltNf ond muftt be execo1ed a(:cwdingly by om"(,,18 oCcorporqdon."t tuttI by
p:trlr1~'1.!.l in CD~pi.1I1nlJnlhjps.
Jt is iQlPOl'lD.lll dUll AU. the blt1nks be compl",Lcd and the AM()ONT PAID Sf; S110WN.
^ f\~jpt shnihU'to this or l~gal waiver ()f lien. ri&Qt.'i will be required fOr all pJufl:tbfng.I~lltinc. pbslerlna
lnnjcdal>;. rb:.
Nll.~It"S(JRtl~~ OR AL 1'ItRA. TIONS MUST DE MADE..
4.
J)A'I'F~; 'I I Q
. .' .__.l! 12JZ 02.... _~..___._
'lb.\'!' unUt!-tsigl\c:o h\"feh)"4lc:kuowledgc!C receipt ofdto SUl11 01'1 ~01~ ..~._
r:JU<:CK ONl.Y orom
t) 0 fl.$lmJlIt11~ymt"nl rot labur~ skill, IUld mac,rial furnished or to be fumislMJd
2) [if a1 Jt'lo}'nwnt r,,'of :llllswr, skifl, and l1IlI1erial Il.1misbod or to be fumishud or to be fumisJlCd (~Q.-pt
tllC !Ulrn of$.1\L'4.!.OL___retainl1geor holdbaclc)
=~) 0 ft~ full nl\d fll"' f1c'tYUlt.'lU for 4tllnbor, akill. I.V1d ma~rial fumi,hed or to be Cnmished
e
10 thl~ fOIlC)winl: 0e5(1 iwd Nnl plOJ>crly: (legal deserlption. meot addres5t or pn>jeoc Dame)
~~~r St~uut & 7~h S;r..t SecOftMtru~t1ou
C,l.J;Y o( Mr:lIH:jcltt.lo l'ro.1ec1: , 2001..,07C
Jo{QncJeell~. MN
ltld IUf valnlJ rcc~ivt.':lt bt..,.~tiy \'lolves all rigb1.l; "'luired by the undc;rsienN 10 file or I'LlOQrd D'lCthaniots lic=ns
agl'liust mJid h~Rt prapen y for Jnbor, skill, ar material furnished to Sl\id reat property (Odly lot tl~ :lmO\lut pg.id
if HOle 1 is uhc:~'kt.t.l, ~ld ..'Xc:~pe tor (t1.aillDg~ shown In Box 2 i!l checked), The URd.ersig,ucd .ffimllllutt nil
In;l1L'rtal fuwishcd by 1h~ \Indcrsi~d has I>>.~ 1)8id for. and olllubcona'BClOtS empJo~' by U'rC \lnekrsigMd
l\c1V~ l~Q 1lQ(d b~ full, m<cmt'J':
~U'\:buL! -f... ,^d./.'rn Airtt 1 )r1C J
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TOTAL P.02
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D~C-14-02 04:22 PM dlrtwQrka200eine
DEC-t2-2002 THU 04:48 PM BAUERLY 00. SAUK RAPIDS
"'~02594970
P.02
FAX Wo. 3202510011
P, 02/02
, . I ~ t t
DOCUMRNT 00050
JU:C.illtT AND \V A1VRR 01i' MECHANIC'S L1EN 1UGHTS
J.
,/,hl, III (1 U:t'"AL lNS'l'H,l)M.'~NT l\ml Dll,llit hl! CXL.~4.~utNl necorcth~AI)' by oftlccrs oreQl'l~ornUcnll tlnrl by t
rmrlll(~rj; il~ tt,1'J)tIl'\l\~'r.:ihIN,
h i~l jllll'~llnl\t 111M t\U I thl.,~ bJ"llk$ be compll.:wd and till!! AM0l1N1" PArD Bit StIOWN.
^ ~C(Jjllt shnll.lr h) thi.$ or l~gal wlLiver of liC'n rights wlll bl! r(.~qtlll't'd !'or 1111 rJ umbb1Q, hC:JlIn~, P~I$'otin~
lI1i\I\o\l,IaI~, ~'1.\l.
NO Jl:1~~R{r,U:S OH ^'ll\l~KNI'J()NS MUST DE MAllE.
2.
3.
.1.
I'A'."". '.
., ....12J.\1I2002._ _.w...,.,__~",..._ ~
'l'hr~ 1II111~.t'~i~nt:,lllL'rl!hy al:kttawlcJa~1 rlJL:"ipL<tflhu aUnl of$~,.3 q 0, "..n
(,.'III'~(~ ONI.\" ONI~
1)' [J as fH1I"iti.! p~W'1\ont (hr l:lbor. skill. Alld l1Ullerial fUrLlislll!(j or to be: furnishtd
2) ~~ Ll.1I J'l(J'lil~'I'lt tor:111 lrlhol', skill, andn.tnt~'rll'll fumi.hcd or to be flrmbhlJd or Co be.) {Ilrnt..hed (QX.I,:~..pl
llw IlUII1 Of.~ __301'8 p~ rC1QiniKO or holdbllclt)
'. 3) 0 .l~ full .\nd .ll~ll r'~yn\~J\t fur nlll:lbur, Ilk III , Dnd JI1R1Criw 1Ul1lishcd c>t '0 be fumid,,:c.I
11) 111", r~~J/\')wlJ1'C d('Ii~1 jh~'d 11;'(11 pmp\my: (killl deSCrlption, slrllot odiJrt':ij4, or J'lrojc:c.. n:smo)
C4'l1m: SC't'llhH & 7th StfDft't kOQOn.tfueUon
Chy ut )f,,'nt/OC'lhl PrDj~ct * 2001-07C
~lt'll"l tic r.- J ,\ 0 I HN
~rllllhr Vllll1l.l r.'~'lJiv," IWh~lJy WltlVC$ on rlQhl/l R;q\limJ by the ulldcr$lIt'.ned to file I)rn:'cord mceh.."lnic'lli~ns
llWlill1lt s.'1it1l~'aI11Wlj~&1'y for IUbM, skilt, Or niatcrinllilmi5h~d to said reAl property (only for UIC AfnOunt pnJd
rrnmc 118 ~hd~J~~<J, 131\:1 (,lCce~)t fur r..:tninna* Ihowl1 in BClX 2 is rhl.'ckt.!d), l'h~ uudcrsisned nfflrnllllh3lnll
)!1:1t~'I'/;j I i\ Irnl!lhCi1 by thu II n~1cr$illn,,'d h3.s ~ell paid fOf, Md all SIIbtDI1trAC1QrS 4.llnployed by lhe lInd&'J'slcncc.l
llllVe ~l'~'U V.\hi in full. HXCm'l"t': '
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$~37q.
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DE12EC:.;.1~:.S~0~HU 9:33FlMpn ~GEYER SIGNFlLfiUII. MrllJi:l r"^ 1M
, \ j I, (~w ,,t. I
''1 ,.'.' ' l)OC'Ul\n:NJ' 00660
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NO. 605
P.2/2 --. --
R1CC~U)T AND W AlVER Ol~' M~CHANlC'S 1..) RN RIGHTS
01.
'I'~JiJi l~ :1 l,I';(~A 1.1 'N~'l'N.f Jl\n:N'(' and ml1S~ be OKecuted Ilcc-ordillgly by officers or corporations .Lnd by
J'iutn,'rs in c~..,. pn/'l1ul1$hirl$.
It is il1l1\C1rl:'lfll llllll A l.I,11'1': hlt'U1ks bo C"tllpICIcd aIld Ull!l AMOtlN1' rAI 0 BE SJlO~.
^ CiXl,-:ipt :limil,ll"tu th.l~ Or ICelll wZ\ivol' of lion rllVlrs will be required fOl' 811 plunlbing. heQtf~, l,l:&storing
Tll.llC::, i~l::i, lo:Lc.
NO ~1ItM~UEU~S Ol~ AJ :rRRNfJONS MlIST DR MADE.
,
UA'I'IC: I I D ~
,.. -..,' 2,,: 1.2.".20 ~,_" "'-'''_''_h___
'llw lIIld.:.!r,.I~,I~l:d heT....h)" :t.:kl\owl"~I~es rcctil'\\ oflht: ~IJm o!S___,____._
C.:JUI:(!ft.': UNI,Y ON..:
J) rJ IUIIJ.1t I i:,] p.:J)I'lrlcnt fur labor, skill, &'ld ma.terial fi.ln1illhcd Or 10 be Fumillhcd
2) ~ H!lI','yml:'JlI for oil bU01\ skill, and In:I.l.eli::lI fumisbed or to b(ll (urni$!,cd or to he turllinhec.1 (cxe~pt
!lit' smn or .t._, " _'__'__ retainngc Or holdbACk)
~) CI .:1S full IIml rlTl:d l~aYl11cnt for 1'I11lnbor. sldll, nncl.lnlU~rial furnished or to be l\l11\ish~d
1(llhC,llhlll~wil'l~~, d~~cdhc;d 1'C1.l!l')fOI'CrlY: (leg,nI dl:s;.r:ipUon. slroet ~ddrc!Csl Or 1,rojfC't l1l\mc)
c~dnr S~~e~~ & 7th Street Re~aa~cru~t1on
Ct ty 1)1: /'4~"H:.1: c:nlo Proj $0 ~ II 2001-07C
Mnl\ l ~ r.: ,d.ll'), M~
ill\d for vahle ll:CClVlilL hen"by whlvcs nJ11'i~N$ :1eCJujl'Cd by the \U\dcrsfgncd to file Qf n:corl.l nlcch;:uuc';s lic.!I'lS
liS" in~t ~1~li~l ~ ~:\I N\)[Xlil~' ft1r J:\hol'? xkill. or 1l1n.t~rIal furnished. to ~::lid r~nl properly (only Cor the 1mO\lnL paid
if Ht'U' I Lll ~h~dcu. nnd t;xccpt for teta.iNLgo sbown in Ho" 2 is chl)c:kcd). 'rhe 1mdcfliligll~d Qf111"0)~ that all
UIi\11,.tl~11llIf11Ui"i,\(,i lJy Ihl.: undersigned has bel:ln paid tor, and all subcoalrnctoTS C'mploy~d by ahe: ulllh:rsisncd I
h:2V~ Llj.:l!:n ll:lld hi full. HXCHPT: ,~
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(C'C\mrohl)' 1'/1\111_)
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DEC.13' 20q2, 09: 04 763 428 8675
: II ~'" "" . . . . .'.,' .
,\ .'
UNITED RENTALS HWY. TECH.
#1082 p.001/002 .. ......_
l)OCtlMf'..N'I' 006(iQ
1.
1{I;c"'~1 1"1' AND W ArVER OF MECHANIC'S LIEN RIGHTS
2.
3.
11,i< 10 n I ,~x; 1\ L I NoSTRUM Em 'n~ must !II: ..ecutod n,:cordu,aly by omCCtS of cOI1'OOllml1$ ond by
I'Qrlfl~~t:> itl (:,.) 'f'll1l1u\'rsbifls.
I' i. in'(lOII"d "..., A 1.1. the b1"nk. W completed Sllllthe AMOIIN,. PAID Dli 1I110WN.
^ "wipo ,;mil.r ", Lhi. or ICll"1 lOn;"", ofliOl' righ.. will be requi....'<I for on plumb;";, .",.llng, ploslerlng
~u:llc.'(ifll3~ l'lc.
NO 1~J.lA~Uk.ll:s ON .A L1'l!:ltATJONS MUS1' .BE MADlJ':.
4,
UNI',;;; ... ....12 {121.2(~(l~_._._..____
11,. "",I.>"'cord 1'<<<bY /lCknowl''<Ig.. ..Cl:iJ>l of d,e 'wn of $..-1.2]0 ;!l.....'iL.__
('\IIJ..:CK ONJ..V ()NIi~
I) 0 '" 1'.,,1i.1 lIOY"Ie'" for lobo,. skill. ond m.'criaJ (um;shc:d Or 101>0 furnished
2) e '" J>:l>m... ror oJll.bor, sk U1,lU'd '-.1 furnishcd or 10 ue funn.hcd 0' 10 be furnisJ..1 (""""1'1
11lL" SHm or $_. -.L2. Y.O:.U._...__ tt:lllinage 01' holdb:tcl~)
.,) rJ .. full lIllJ Iil1llll'.)'Io..,o rur lIll1abor, skill, o>od malo,l.1 furrd'bed or to be fi'",lwd
10 Ih. fcoJlowi.~ dc"",;I"", tOol prop<ny: (lolllll dekriptlOl1, ''''''''uridres.i, Or projccs na"",)
Co~~r Str~Qt ~ 7th Streot neoonstrUDtio~
Ct t, '~f Mr.mc.lecllo Project iJ 2001-07C
)ldl~l:l(l(! 11 0, M'N
lU,1I fur ",1,,0 1C<c;....' l...'..hy M1iv,,, all rigl11s llCquin.'Ii by 1110 ,"""",igo'd 10 lil. or _ ""'cllMic's liens
:wnin01 ""id ",.1 "",pm y fu, lobor. skUl, or l1lOtorial f \ItlIi,,,,-'C! 10 said real projlCTlY (ODIy fur Ih. _ paid
if llo>, · is 'hccl<.c.l, :.ncl.~<"l~ for """inago shown In !lox 21s checked). 111. undersigned .Illn.. II... DlI
,n.'Il.,;,,1 Ultnish",r hy ihe lIndcrsilllled b.q 1_ paid for,l1D4 all J1Ibcnntmc~ ""'P!oyod by llu: l1.lllkIsillllCd
have hc~n Jl~id ill filll. BXCUpl':
T~h
(SIUllaT1JIG)
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DEC~12-2002 THU 04:54 PM BAUERLY CO. SAUK RAPIDS FAX NO. 3202510011
;' I
P. 02/02
l)OC:UMEN'l' OOMO
)U.~CI~IJ.T ANIl \\' A1Vr1~R 01i' MICCIIANrCtS l,n~N RlGUTS
'l'hili i...:, 1,.I':c." I. I NSTl:tUl\ "'~NT .uld muSt be cx\~t~'LeLl a(.~coj'(linll.ly by offiC'cl'S or c.:orpormions :ind by
ptUIIlI~I!:l it! C:O.II,\ltn~f~hip~.
n is ;"ullI~llnllr ,11m AI .J 11111) bl:ll1ks be' \COIII1)1l:'tcd Olnd the AMOUNT l'AlP m~ SHOWN.
^ t\'L:dJ,1 similM l.llhili O,.l(':C~1 wlliv,"{ Qflie" dehlS will bt rcquir~(j for i~1I plmubillH. ht'3tin~. J)lmitl.~rillg
ll\ijl(,'li~Il:.;. i':tc,
NO l~tL\S\lIU:H OR ~\ f .1'J'~H.A l'IONS MUST In~ MAnIt
l)A"l~lt;: M _..\ 'J.,J.12.f ~QQ7. ,._____ ....---~ ~
1'lw III1t.k~'lIi,,~'It'.\ IU:{'l:\l)' :ld~I\l>\Vl~JI~cs ,~ctil)f t,r,h" !'lun\ of s: _..2.~~.':!...:~::._...~
clU:CI' ONl.v ONE
.
"
.
I} 0 w. t1:IJ lint p;~>'rncllt 'or lllbm, skill, :\1\\1 material fU('l1i$bcd or to be (\I\'ni~ll1;tJ
J) iiI l\~ IJa)'lIlcnl ror alll;'lbor, :ll<.ill. nnd material fumished or \0 Ix: ihrnishcd or 1l) be !i.ll'nishcd (CKCCI)(
.11.: stlm Clr:\i_. ..!(..o, ff~J f.. ..m,l.~tjlh\t1gc or holdback)
3) 0 :.a~ rulllln<1 tiMI p~\yml:nl for.:llt I:lhor, skill, nnd m:\lct'inl furnished tlr \I) be fumishc:ci
IQ Ill;,,' rulluwil'l', d~','i\'I'ilt":lj 1""1\1 rllc)p~rty; (1~1!.al tlcserirllion, succt tlddrcs~;, 0[' llL'OjccII1WTI(,)
C\'d~lr Stt'I:Ct & 7th Stre~'L: Rcconlll:tlolccJ.on
La I y hf: l'l"llrit....Uo hoject (I :;!.OOl-07C
MI)lltt~t'l1r.l. H~
IIUt! for 'VUlll" r"Cl'iv~'d h\Jl'd)y waives aU righL~ acq,uil't.'d by I1\C undCl:'; gn<:d 10 Ilk or record rncch:lIl;c.'~ li"lls
:\!!.'\il\~,;l ~;:tld rc:'II'I'\\l'cI ty t(\r l:d..or, sk m, tlr IIIMcrial rurlli~hcd to s:I.id real property (only for the ;lnl()llnl ('",id
irnolt. I 1"lI;I1l'd:cd, :)1\11 ~!Ce~pl tbr rctaillllBc shown in tlOl(. ~ is checkcd). 'nlC w\d"rsicn~i.l "ftirmsl.ht\l 011
U\:llI!I'ial Li.,",i:-::h('d hy IIIC': \t1\(,kr::-ill,tltd has tlcc:n paid for. and all sl,lhcontmclors employoo uy lhc undclsi(;l1cd
lJ:w~ lll:1oIJ\ II;&i.,1 ill itlll. EXCEPT:
S c.J. .-, -~l T L t-l../L.d C. ~ ~-~ C
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Dee 18 02 10:2"8
Todd Hodnef'ield
(320J 558-2718
p.l
DOCUMENT 00660
IZ,Zo~
RECEIPT AND WAIVER OF MECHANIC'S LIEN RIGHTS
1.
This is a LEGAL INSTRUMENT and must be executed accordingly by officers of corporations and by
partners in cO-partnerships.
It is important that ALL the blanks be completed and the AMOUNT PAID BE SHOWN.
A receipt similar to this Or legal waiver of lien rights will be required for all plumbing, heating, plastering
materials, etc.
NO ERASURES OR ALTERATIONS MUST BE MADE.
2.
3.
4.
DATE: 17/]? /2002
The undersigned hereby acknowledges receipt of the sum of $
CHECK ONLY ONE
A 9-
.P ~ .kfC:
.
I) 0 as partial payment for labor, skill, and material furnished or to be furnished
2) bI as pa}'l11ent for alllabot, skill, and material furnished or to be furnished or to be funtished (except
the sum of $ ? ':rt/ retainage or holdback)
3) 0 as full and final payment for all labor, skill, and material furnished or to be furnished
to the folJowing described real property: (legal description, street address, or project name)
Cedar Street & 7th Stree~ Reconstruction
City of Monticello Project H 2001-07C
Monticello, MN
and for value received hereby waives all rights acquired by the undersigned to file or record mechanic's liens
against said real property for labor, skill, or material furnished to said real property (only forthe amount paid
if Box I is checked, and except for retainage shown in Box 2 is checked). The undersigned affinns that all
material furnished by the undersigned has been paid for, and all subcontractors employed by the undersigned
have been paid in full, EXCEPT: ,
)le'':W4-I-/~I"JI ~f~("<ce~f7
(Company N e)
~-~
~t~
4~
~. ..-, (SignBrun:)
..,..
J4.tc:
/~.4Z-_/
(Tille)
n. k'
"::,.'/)979 k-m ~"',.,
(Addn:ss)
/f[)
t'1?L'tA.. .tv::'U~. /7;'/7 J~ .5....1/.1
(Addn:ss)
(Address)
, "
:) L,~ Ll~3
Consent of Surety
to Final Payment
OWNER
ARCHITECT
CONTRACTOR
SURETY
OTHER
!....
.-.
-.
AlA DOCUMENT G707
TO OWNER:
ARCHITECT'S PROJECT NO.:
(Name and address)
City of Monticello~ 505 Walnut Street,
Monticello, MN 55J62
CONTRACT FOR:
PROJECT:
(Name and address)
Proj. No. 200l-07C, Cedar Street
Improvements
CONTRACTDATED:August 14, 2001
Bauerly Brothers, Inc.
4787 Shadowwood Drive N.E. Sauk Rapids. MN 56379
In accordance with the provisions of the Contract between the Owner and the Contractor as included above, the
Liberty Mutual Insurance Company
4_9 0 PI VIDO u t h.JlQ!;;tQl-__J: ;I,YH1Q.!;l t_h[V]_~~:t..il}gL_J?IL __J_9_~__22____
(Insel1 name and address of Surety)
.
SURETY, on bond of 12auer U_];lf:QJbeXJ'?,..J_ng_j
.'.'-""'""..",,,,,,~,',.,- .,.,."'".."...,-,'------...-...-"'.-
(lnsel1 name and address of Contractor)
{787 ShadQw\"!.ood Drive N.E. Sauk Rapi~_MN 56379 _______________,CONTRACTOR,
hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the
Surety of any of its obligations to __
(lnserl name and address of Owner)
~Q.J:_~onticello, 505 Walnut StreE:Jt~ Montice..ll.Q_,_nM.lJ.___5_5J..QL___________________ __un___' OWNER,
as set forth in the said Surety's bond.
IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date:____n______t1...9y:~lfl9_~_L_)2,__2Q0:2
(lnsel1 in writing the month followed by the numeric date and year.)
Attest:
(Seal):
~t1~
MutlLal__:LrL::2.1JLans:: ~__.cQmpan;t..
.:La ct___Ce_Q9:r::ll:3_a:f'
(Printed name and title
Printed in cooperation with the American Institute of Architects (AlA) by the CNA Insurance Companies.
. The language in this document conforms exactly to the language used in AlA Document G707 - Consent of Surety Company to Final Payment -
1994 Edition.
5 L- II Y
Consent of Surety
to Final Payment
OWNER
ARCHITECT
CONTRACTOR
SURETY
OTHER
I Hi
[J
[-j
....,
~.
AlA DOCUMENT G707
TO OWNER:
ARCHITECT'S PROJECT NO.:
(Nama and address)
City of Monticello, 505 Walnut Street,
Monticello, MN 55362
CONTRACT FOR:
PROJECT:
(Name and address)
Proj. No. 2001-07C, Cedar Street
Improvements
CONTRACT DATED: Augus t 14, 2001
Bauerly Brothers, Inc.
4787 Shadowwood Drive N.E. Sauk Rapids, MN 56379
In accordance with the provisions of the Contract between the Owner and the Contractor as included above, the
Liberty Mutual Insurance Company
42IL.1'.1Y!!!.9.1} tlLRpiOlg L.J21YlllQ1dth.ut1S'_etingL .. .E'h _J.~.'L92
(Insert name and address of Surety)
.
SURETY, on bond oHtauerl v BroJbers, Inc .____".._ .~._____um...._._____
(Insert name and address of Contractor)
4JJil_"S.Q?'QQ.Wki'ood Drive N.E..__E'1.q,.gk Rapids, MN ~379 H_~~' CONTRACTOR,
hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the
Surety of any of its obligations to__..._
.~ '''.
(Insert name and address of Owner)
CLtr..2.LJ1g!It.i.9a 11 0, 505 W alIl\Lt.$J rea t ,_ Mon.tiQ~J,J 0, MN .__~53 62._
as set forth in the said Surety's bond.
, OWNER,
IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date:__.__N...9~~1,1:lper...11~_OO.2
(Insert in writing the month fol/owed by the numeric date and year.)
Attest:
(Seal):
~;/~
M.u.t..lJ.Q.J, . Insqr..oou:u:::e . _Co.ffipany
J?9k C:e.Q?:r:.lgaf
(Printed name and title
.
Printed in cooperation with the American Institute of Architects (AlA) by the CNA Insurance Companies.
The language in this document conforms exactly to the language used in AlA Document G707 - Consent of Surety Company to Final Payment -
1994 Edition.
SL-LtS
Consent of Surety
....... to Final Payment
........ AlA DOCUMENT G707
OWNER
ARCHITECT
CONTRACTOR
SURETY
OTHER
TO OWNER:
ARCHITECT'S PROJECT NO.:
(Name and address)
City of Monticello, 505 Walnut Street,
Monticello, MN 55362
CONTRACT FOR:
PROJECT:
(Name and address)
Proj. No. 2001-07C, Cedar Street
Improvements
CONTRACT DATED: August 14, 2001
Bauerly Brothers, Inc.
4787 Shadowwood Drive N.E. Sauk Raoids. MN 56379
In accordance with the provisions of the Contract between the Owner and the Contractor as included above, the
Liberty Mutual Insurance Company
_-:L;iJLE1--YffiQuthBQ_9-dL_J'Jyrl}Q\Jth Me.eting,!;A J '3462
(Insert name and address of Surety)
.
SURETY, on bond of ~_@erly ~2th~~lD~,_. ._, ._u_~~__~______
- (Insert name end address of Contractor)
4.787 ShadQwwaod Drive...N,"~_,___ Sauk Ramds-l_----M~L56379 ___________________, CONTRACTOR,
hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the
Surety of any of its obligations to__ ___.
(Insert name and address of Owner)
City of M.onticello. 5Q,.~"Jvalnut Street. MOl}t;icello. MN
as setforth in the said Surety's bond.
55362
_~_______, OWNER,
IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: _____ _ Novembe r 12, 2002
(Insert in writing the month followed by the numeric date and year)
Attest: r~ J - j/~
(Seal): ~ Xj 4
Liberty_l':1utual~ID...;;;u:(.cmc~. Company
(Su
J_9ck Cedarleaf
(Printed name and title
.
Printed in cooperation with the American Institute of Architects (AlA) by the CNA Insurance Companies.
The language in this document conforms exactly to the language used in AlA Document G707 - Consent of Surety Company to Final Payment -
1994 Edition.
5L..-I\\o
,.
.
.
.
THE AMERICAN INSTITUTE OF ARCHITECTS
.
>>ORD NO. 190-009-693
AlA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
BAUERLY BROTHERS, INC.
4787 Shadowwood Drive N.E.
Sauk Rapids, MN 56379
SURETY (Name and Principal Place of Business):
LIBERTY MUTUAL INSURANCE COMPANY
450 Plymouth Road, Suite 400
Plymouth Meeting, PA 19462
OWNER (Name and Address):
CITY OF MONTICELLO
City Hall
Monticello, MN
CONSTRUCTION CONTRACT
Date: August 14, 2001
Amount: Five Hundred Fifty Two Thousand, Seventy Eight and 60/100($552,078.60) Dollars
Description (Name and Location): Cedar Street Sanitary Sewer, Watermain and Appurtenant
Work (Project No. 2001-07C), Monticello, MN
BOND
Date (Not earlier than Construction Contract Date): August 17, 2001
Amount: Five Hundred Fifty Two Thousand, Seventy Eight and
Modifications to this Bond: 0 None
60/100 ($552,078.60) Dollars
~ See Page 3
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
BAUEBLY r'~
Signatu~e: .~ .' . '. .
Name and Title: Geral J. Bauerly
President
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER: Jack Cedarleaf II OWNER'S REPRESENTATIVE (Architect, Engineer or
CEDARLEAF, CEDARLEAF & CEDARLEAF, INC. other party):
360 West Larpenteur Avenue
St. Paul, MN 55113 5 L-. - II J
(651) 488-6666
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED. . AlA QP
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W., WASHINGTON, D.C. 2000&
THIRD PRINTING · MARCH 1987
A312-1984 1
-.
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the-Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Cont~actor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shaH be allowed a reason-
able time to perform the Construction Contract, but "
such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract Itself, through its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's defaultior
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
.
.
whiCh it may -be "liahle to the Owner ana, as
soon as practicable after the amount is deter-
mined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1,4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc.
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non-perfor-
mance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con-
struction Contract, and the Balance of the Contract Price
shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on
this Bond to any person or entity other than the Owner or
its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
9 Any proceeding, legal or equitable, under this Bond
may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located
and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
AlA DOCUMENT .\312 . PERFORMANCE BONO AND PAYMENT BONO. DECEMBER 1984 EO. . AlA 18
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTINC . MARCH 1987
A312.1984 2
5 h -- II ~
----...
,
---
.--...
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner orthe Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or otherlegal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con-
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re.
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con.
tract.
12.2 Construction Contr~ct: The agreement between
the Owner and the Contractor identified on the sig.
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contra~or,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
THIS BOND IS SUBJECT TO THE ATTACHED RIDER D.A7ED AUGUST 17. 2001
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
S;gnatu..: ~~. .. .....
Name and Title:. ....
Address:
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
SL-.-~tlg
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . AlA lit
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W.. WASHINGTON. D.C. 20006
THIRD PRINTING · MARCH 1987
A312.1984 3
.
.
.
".
THE AMERICAN INSTITUTE OF ARCHITECTS
BOND NO. 190-009-693
AlA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
BAUERLY BROTHERS ~ INC.
4787 Shadowwood Drive N.E.
Sauk Rapids~ MN 56379
SURETY (Name and Principal Place of Business):
LIBERTY MUTUAL INSURANCE CaMP ANY
450 Plymouth Road~ Suite 400
Plymouth Meeting~ PA 19462
OWNER (Name and Address):
CITY OF MONTICELLO
City Hall
Monticello~ MN
CONSTRUCTION CONTRACT
Date: August 14. 2001
Amount: Five Hundred Fifty Two Thousand~ Seventy Eight and 60/100 ($552~078..60) Dollars
Description (Name and Location): Cedar Street Sanitary Sewer. Watermain and Appurtenant
Work (Project No. 2001-07C).Monticello. MN
BOND
Date (Not earlier than Construction Contract Date): August 17. 2001
Amount: Five Hundred Fifty Two Thousand. Seventy Eight and
Modifications to this Bond: 0 None
60/100 ($552.078.60) Dollars
KJ See Page 6
CONTRACTOR AS PRINCIPAL
Company:
BAUERLY B
SURETY
Company:
LIBERTY
Signa~' F." -~
Na nd title:
(Corporate Seal)
Geral J.
President
(Any additional signatures appear on page 6)
,/
~~_..
(FOR INFORMATION ONLY-Name, Address and Telephone)
AGENT or BROKER: Jack Cedarleaf II OWNER'S REPRESENTATIVE (Architect, Engineer or
CEDARLEAF. CEDARLEAF & CEDARLEAF. INC. other party):
360 West Larpenteur Avenue
St. Paul. MN 55113 S ~ _ L d \
(651)488-6666
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND' DECEMBER 1984 ED. . AlA e
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984 4
.......
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the perfor-
mance of the Construction Contract, which is incorpo-
rated herein by reference.
2 With respect to the Owner, this obligation shall be
null and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly,
for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
. person or entity whose claim, demand, lien or suit is
for the payment for labor, materials or equipment fur-
nished for use in the performance of the Construction
Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address
described in Paragraph 12) of any claims, demands,
liens or suits and tendered defense of such claims,
demands, liens or suits to the Contractor and the
Surety, and provided there is no Owner Default.
3 With respect to Claimants, this obligation shall be
null and void if the Contractor promptly makes pay-
ment, directly or indirectly, for all sums due.
4 The Surety shall have no obligation to Claimants
under this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract
with the Contractor:
~.
.
.1 Have furnished written notice to the Con-
tractor and sent a copy, or notice thereof, to
the Owner, within 90 days after having last
perfolTTled labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the
materials were furnished or supplied or for
whom the labor was done or performed; and
.2 Have either received a rejection in whole or
in part from the Contractor, or not received
within 30 days of furnishing the above no-
tice any communication from the Contractor
by which the Contractor has indicated the
claim will be paid directly or indirectly; and
.3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this
Bond and enclosing a copy of the previous
written notice furnished to the Contractor.
.
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is suffi~
cient compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the
Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
6.2 Payor arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the perfor"
mance of the Construction Contract and to satisfy claims,
if any, under any Construction Performance Bond. By
the Contractor furnishing and the Owner accepting this
Bond, they agree that all funds earned by the Contractor
in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and
the Surety under this Bond, subject to the Owner's prior-
ity to use the funds for the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are unrelat-
ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claim-
ant under this Bond, and shall have under this Bond no obli-
gations to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract
or to related subcontracts, purchase orders and other
obligations.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent juri~
diction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (1) on which the Claimantgave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last mi,lte-
rials or equipment were furnished by anyone under the Con-
struction Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor
shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall
be sufficient compliance as of the date received at the
address shown on the signature page,
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AlA-
THE AMERICAN INSTITUTE OF ARCHlTECTS, 173S NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312.1984 5
rJL- -.tdd
-.
, Bond shall be construed as a statutory bond and not as a
common law bond.
14 Upon request by anr person or entity appearing to be a
potential beneficiary 0 this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equIp-
ment for use in the performance of ~he Contract. The
intent of this Bond shall be to include without limita-
tion in the terms "labor, materials or equipment" that
part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment used in the
Construction Contract, architectural and engineering
services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's lien may be
asserted in the jurisdiction where the labor, materials
or equipment were furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
MODIFICATIONS TO THIS BOND ARE AS FOllOWS:
THIS BOND IS SUBJECT TO THE A1'TA.CHED RIDER DADD AUGUST 17. 2001
.
CONTRACTOR AS PRINCIPAL
Company:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
(Corporate Seal)
.
Signature:
Name and Title:
Address:
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
S'k-1c?3
AlA DOCUMENT A312. PERFORMANCE BONO AND PAYMENT BONO. DECEMBER 1984 ED. . AlA ~
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTINC . MARCH 1987
A312~1984 6
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Endorsement or Rider
Attached to and forming part of Bond Number: 190-009-693
Date Endorsement or Rider Executed: August 17,2001
Effective Date of Endorsement or Rider: August 17, 2001
Issued to: City of Monticello, Minnesota, as Obligee, and executed by Bauerly
Brothers, Inc., as Principal
It is hereby agreed and understood the captioned bond is amended as follows:
The captioned bond will serve as maintenance bond for the two year period upon
acceptance of the project by the City of Monticello, Minnesota
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions,
agreements or limitations of the above mentioned. Bond, other than as above stated.
LIBERTY MUTUAL INSURANCE COMPANY
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ADD TO CONSENT OR AT END OF AGENDA FOR SEPTEMBER 26,2005
Consideration to approve enterim! into a Mortea::e Subordination A~reement between
the City of Monticello and TCF National Bank. (O.K.)
A. Reference and background:
UMC (Ultra Machining Company) is requesting the City of Monticello approve entering into a
Mortgage Subordination Agreement associated with the re-financing of the TCr Notes. The
City of MonticeUo and Terrance & Mary Tomann Family Limited Partnership entered into an
Agreement for Loan of Minnesota Investment Fund on February 20,2003. The $290,000
grant from the State to the City of Monticello was lent to the Tomann's for the purpose of
acquisition ofland and construction costs associated with the 78,000 sq ft facility located along
Chelsea Road East.
The Loan Agreement included a Promissory Note, Guaranty Agreement, and Mortgage. The
Mortgage was dated February 20,2003, and recorded on April 18,2003. The City Loan was
in second position behind two 'fCF Notes of $3, 1 00,000 and $1,000,000 which had balloon
payments. When the City's $290,000 and the EDA's $200,000 Loans were disbursed, it was
applied to the $1,000,000 Note. 'rhe $484,020.33 is the remaining principal balance of the
$ 1,000,000 TCF Note being re-financed.
The City's Loan will remain in second position and the State doesn't have a problem as long as
the City's collateral position remains the same. UMC is current on the Minnesota Investment
Fund Loan payment, the remaining principal balance is $268,570.59. It is the desire of TCF
to close on the re-financing this Friday, September 30.
B. Alternative Action:
I. A motion to approve entering into a Mortgage Subordination Agreement between the
City of Monticello and TCF National Bank.
2. A motion to deny entering into a Mortgage Subordination Agreement between the City
of Monticello and 'reF National Bank.
3. A motion to table any action.
C. Recommendation:
The City Administrator and Economic Development Director recommend alternate no. I. The
EDA will execute their Mortgage Subordination Agreement via an executive order of the EDA
.
President and Executive Director and the EDA commissioners will ratify the action at their next
regular meeting.
D. Supportin~ Data:
Copy of the Mortgage Subordination Agreement and email from Carol Pressley-Olson, State
of Minnesota.
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MORTGAGE SUBORDINATION AGREEMENT
THIS AGREEMENT, made and executed this _ day of September, 2005, by
and between City of Monticello, a Minnesota municipal corporation ("Monticello"), and TCF
National Bank, a national banking association ("TCF").
RECITALS
1. Terrance & Mary Tomann Family Limited Partnership, a Minnesota limited
partnership ("Mortgagor") executed and delivered to Monticello a Mortgage in the principal
amount of$290,000 dated February 20,2003, and recorded in the office of the County Recorder,
Wright County, Minnesota, on April 18, 2003 as Document No. 844670 (the "Monticello
Mortgage"), which mortgage covers the following described real property (the "Property"):
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Lot 1, Block 1, Monticello Commerce Center Sixth Addition, Wright County, Minnesota
2. Mortgagor has requested TCF to make financial accommodations in the amount
of Four Hundred Eighty-Four Thousand Twenty and 33/100 Dollars ($484,020.33) to be secured
by a Mortgage, Security Agreement and Financing Statement securing such amount dated
September _,2005, recorded in the office ofthe County Recorder, Wright County, Minnesota,
on , as Document No. (the "Mortgage"), conveying and mortgaging
the Property, and an Assignment of Rents and Leases dated September _,2005, recorded in the
office of the County Recorder, Wright County, Minnesota, on , as Document No.
(the "Assignment"), covering the Property and securing the same debt as the TCF
Mortgage.
3. As a condition to making its financiall;lccommodations to Mortgagor, TCF
requires the execution of this Agreement, it being the intention of the parties hereto, and the
purpose of this Agreement, to make the TCF Mortgage and Assignment in all respects prior and
superior to the Monticello Mortgage.
NOW, THEREFORE, in order to induce TCF to advance funds to Mortgagor to
be secured by the TCF Mortgage, Monticello does hereby covenant and agree with TCF as
follows:
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1. The TCF Mortgage and the Assignment shall be in all respects prior and superior
to the Monticello Mortgage and all provisions thereof, notwithstanding the fact that the
Monticello Mortgage was executed and recorded prior to the execution and recordation of the
TCF Mortgage and the Assignment, and all right, title, lien, and interest acquired by TCF, either
by foreclosure proceedings, receivership actions or otherwise under the TCF Mortgage, and
Assignment shall be prior and superior to any and all right, title, lien, and interest heretofore or
hereafter acquired by Monticello under the Monticello Mortgage.
2. This Agreement shall be binding upon and inure to the benefit ofthe parties
hereto and their respective successors and assigns.
IN WITNESS WHEREOF, Monticello has executed this Agreement as of the day
and year first above written.
CITY OF MONTICELLO
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
September, 2005, by , the of City of Monticello, a
Minnesota municipal corporation, on behalf of the corporation.
Notary Public
This instrument was drafted by:
FOLEY & MANSFIELD, P.L.L.P.
250 Marquette Avenue, Suite 1200
Minneapolis, Minnesota 55401
2
,!d' , C'"l 1.0 . ....:,... "'t
1> ,) \.1-' '6 -;J
Ollie Koropchak
From:
.ent:
0:
Subject:
Carol Pressley-Olson [CaroI.Pressley@state.mn.us]
Monday, September 26, 2005 2:35 PM
Ollie Koropchak
Re: UMC Grant/Loan
Attachments:
Carol Pressley-Olson.vcf
.!d
.......--. Ca rol
ssley-Qlson.vcf (44~
L Yes, OlLie we will have to sign
change the city's coJlateral position it is
executed documents.
Thanks--
off. As long as the subordination does not
acceptable to me. I will need a copy of the
Carol
Senior Loan Officer
Business Finance Unit
Office of Business and Corrununity Finance Department of Employment and Economic Development
1st National Bank Building
332 Minnesota Street
St. P au 1, MN .J!) 1 01
6') 1-2 %-38 98
800-657-3858 (toJ 1 free)
65J-296-8833 (fax)
.>> "OJ Ji e Koropchak" <OJ .l.i e. Koropchak@ci.monticello.mn. us> 9/26/05
2:29::'d PM >>>
Carol - UMC is requesting the City approve a Mortgage Subordination
Agreement for the $290,000 City Loan. Originally, there were two
notes
from TCP $3,100,000 and $J,OOO,OOO. The City was in second position to TCF. The $290,000
City and $200,000 F.DT\ Loans pa.id down the .$1,000,000 to $510,000. The TCF' notes had a 5-
year balloon payment; therefore, is
being refinanced. The city remains in second position. I'm having
the
Council approve the Mortgage Subordination Agreement tonight as an add-on item to meet the
bank's request of this Friday. Does the State need to sign-off on this? The EDA will do
the same. Ollie
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Council Agenda - 9/26/06
7.
Public Hearin2 - Consideration of vacation of drainaee and utility easement for 2817
Oak Ridee Drive - Keith and Katrina Geissler.
A.
REFERENCE AND BACKGROUND:
The City has received a request from Keith and Katrina Geissler to vacate a portion ofthe
drainage and utility easement for 2817 Oak Ridge Drive (Lot 2, Block Oak Ridge Addition).
The lots in the Oak Ridge Addition have drainage and utility easements along the side yards
often feet while the other plats within the City have a six foot side yard drainage and utility
easement. The Geisslers are proposing to add a third stall to their existing garage and would
be encroaching four feet into the side yard setback. lfthe Geisslers residence was in a plat
other than Oak Ridge Addition they could build the garage addition without encroaching into
the setback area.
Public Works Director, John Simola has reviewed the request of the Geisslers and has
indicated that a six foot side yard drainage and utility easement would be sufficient for City
purposes. The zoning ordinance was amended in 2003 to allow a 6 foot side yard setback as a
minimum on the garage side. Thus vacating the 4 feet of the drainage and utility easement
would allow the property owner to meet the setback requirements without needing a variance.
B.
ALTERNATIVE ACTIONS:
1. After conducting the public hearing, the Council could approve the vacation of four
feet of the ten foot drainage and utility easement.
2. The Council could determine not to approve the vacation of a portion ofthe drainage
and utility easement.
C. ST AFF RECOMMENDATION:
It is the recommendation of the City Administrator and Public Works Director that four feet of
the ten foot drainage and utility easement be vacated to allow for the expansion of the garage
without requiring a variance.
D. SUPPORTING DATA:
Letter from property owner
Map showing lot location
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IS 5:.- ('.:>8 0 ..-., 70 dO
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Keith & Katrina Geissler
1580 Oak Ridge Circle
Monticello. MN 55362
763-295-5435
DATE:
September 13th, 2004
TO:
Monticello City Council, Mayor Bruce Thielen
FROM:
Katrina and Keith Geissler
We are requesting vacation of the most southerly four feet of the 10 feet side yard utility and drainage
easement running along and parallel to the north property line of Lot 2, block 7 Oakridge addition.
The purpose of our request to allow us to build another garage stall onto our present garage.
Thank you
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8.
Council Agenda - 9/26/05
Public Hearine for Consideration of the Vacation of Drainaee and Utility Easement
over Outlot B in the Plat of St. Henry (City of Monticello Proiect No. 2004-02C)
(WSB)
A. REFERENCE AND BACKGROUND:
The drainage and utility easement over Outlot B in the plat of the Church of St. Henry, is
proposed to be vacated with the relocation of the existing pond and the new 7th Street
realignment. The new pond is currently being constructed north of the proposed ih
Street on St. Henry's property. An agreement is being finalized with St. Henry's Church
to replat this area dedicating the new right of way for ih Street, drainage and utility
easement over the new pond and a buildable site for the Church where Outlot B currently
exists.
The City has mailed and published notice of the proposed vacation as required by statute.
The new plat of the St. Henry's property (Church of St. Henry I S( Addition) is scheduled
to go before the Planning Commission in October and then come before the Council. It is
recommended this vacation of drainage and utility easement be contingent upon the
preliminary and final plat approval of the Church of St. Henry I st Addition.
B. ALTERNATIVE ACTIONS:
1.
Conduct the public hearing and adopt a resolution vacating the drainage and
utility easement over Outlot B in the plat of the Church of St. Henry contingent
upon the new preliminary and final plat approval for the Church of St. Henry 1st
Addition.
2. Do not approve the vacation of the drainage and utility easement.
C. STAFF RECOMMENDATION:
The City Administrator recommends selecting Alternative No.1.
130
C:\Documellls tlllel &'llttg~\('{m'll,gro.~s"lgvr\I~{}(:(I' Si.:l/lllg.~ITf:mjJurt'fJ! IIl1e/,,'el Flh~.~IOLK3\AGN ITM-V(u.:itlloll urOutlor II.SI, Ih'J/"Y,~ 09J(j()J, doe
Council Agenda - 9/26/05
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9. Public Hearine: on anneal of variance for secondarv drivewav in an R-I Zonine:
District (Richard Bastien Central Masonrv & Concrete) Annlicant: Citv of
Monticello Public Works. (10)
A. REFERENCE AND BACKGROUND
Staff requests that this item be continued to the October 10th meeting of the City
Council. This request is due to the importance of Public Works Director John Simola
presence for the discussion
B. ALTERNATIVE ACTIONS
Decision I: Request for a Conditional Use Permit and Appeal of Variance
1. Motion to continue the public hearing on the appeal of the variance for a second driveway
access and curb opening to the October 10th meeting of the City Council.
2. Motion of other.
C. STAFF RECOMMENDATION
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Staff recommends Alternative 1 above.
D. SUPPORTING DATA
None.
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Council Agenda ~ 09/26/2005
10.
Public informational meetine on multiple driveways and fence encroachments on the
2005 Core City Project. (J.S.)
A.
REFERENCE AND BACKGROUND:
During the 2005 Core City Street Reconstruction Project this year on River Street, Sandy Lane and
Oak Lane, we discovered five existing homes with mul~ple driveways. Some with multiple access
on a single street, others with multiple accesses on two different streets, and two with as many as
three driveways. Some of the driveways were gravel, others were bituminous and some were
concrete surfaces. The city's ordinance, originally enacted in 1972, allows only one driveway access
per single family residence or property. Annexation of most of the 2005 Core City Proj ect area, also
known as River Terrace Addition, was annexed into the City of Monticello in late summer 1974.
The city limits prior to that time was a little over 100' west of the right of way at Chestnut Street.
The actual plat of the River Terrace Addition dates back to 1949. Consequently, many of the homes
existed prior to annexation and their construction pre-dates the city's ordinances. Some of the
multiple driveways, however, and homes were built after annexation into the City of Monticello and
fall under the city's ordinance, and those multiple driveways are in violation of city ordinance if they
were not granted variances.
.
There are two additional properties on Sandy Lane who have or propose to request a second
driveway. Currently a second driveway can only be granted by showing a hardship variance, that
the property cannot be used for the purposes of a single family home without an additional dri veway.
These are rarely, if ever, granted.
In addition to driveways, there are three properties that have fences built out on the public street right
of way. Some of which significantly encroach into the right of way. All ofthe encroachments were
made once the properties were in the city limits and one fence was built this summer. Attached is
a list of the properties with multiple driveways, fence encroachments, and the date of which the
houses were built and, ifknown, the date ofthe fence encroachment. Also included are pictures of
the various driveways and fence encroachments.
.
The object of tonight's meeting is to make it known where the multiple driveways and fence
encroachments are and to receive input from those property owners and the nearby property owners
regarding bringing those properties into compliance with the ordinance. There are two homes with
multiple driveways that pre-date annexation and our ordinance. One property has hard surface
driveways, the other property has one hard surface driveway and one badly washed out gravel
driveway. Since they pre-date our ordinance and annexation, there may be justification to look at
grandfathering those driveways in (non conforming existing use) and requiring that the gravel
driveway be hard surfaced within 30 days or be removed or something along those lines. At this
particular meeting the council can talk about possible remedies or possible enforcement actions but
we would suggest only that the testimony be taken and a decision be made at the next council
meeting after staff has had time to review all of the input from the citizens and make
recommendations. There are many ramifications in regard to the driveways as we assess our
reconstructions based upon access and a single family residence with a single access is one
assessment. Are two accesses on the same street still only one assessment or if the multiple
driveways access two different streets should there be multiple assessments? All ofthe options can
\ 3 ~)
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Council Agenda - 09/26/2005
be laid out for the next meeting on October 10, 2005.
B. ALTERNATIVE ACTIONS:
1. The first alternative, after a presentation showing the multiple driveway locations and fence
encroachments into the right of way, is to take input from citizens regarding the driveways
and encroachments. After testimony is taken and a brief discussion by the City Council, to
ask staff to prepare recommendations for the October loth meeting.
2. The second alternative would be to present the information to the audience regarding the
locations of the multiple driveways and fence encroachments, take testimony from the
audience regarding the issues, and then to grandfather those in pre-dating our ordinance and
annexation, and to take enforcement action against the remaining ones in violation of current
city ordinance.
C. STAFF RECOMMENDATION:
It is the recommendation ofthe City Administrator and Public Works Director that the City Council
take input from the public regarding the multiple driveways and fence encroachments as outlined in
alternative # I but to delay action until recommendations come forth from staff for the October 10th
. meeting.
D. SUPPORTING DATA:
Copy the River Terrace Plat; Copy ofthe council minutes with adoption ofthe city ordinance; Copy
of the annexation information; photo index listing date homes built and photos ofthe actual locations
of the multiple driveways and fence encroachments. An actual aerial photo of the area at the time
of annexation is also available for review at the meeting.
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13?';
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March 14, 1072 - cont'd.
Tom Schneider queried council if he could get license for set-up liquor.
Would approval eliminate youth entering to play pool. Council will re-
se~rch and advise.
Jim Lungwitz reported for Park Commission to ask what was expected of
them and what are plans for improvement. Harry Bebo stated more fencing
is required at the ball park.
Motion by Walter Marklingthat satellite latrines be provided for ball
park on May 1. Seconded by Dan Bloni~en. Carried.
Gordon Link and Russell Martie reported that Babe Ruth Lea~e and T-ball
Lea~e are in jeooardy hecause villa~e has not paid their share of summer
pro~ram expense for 1970 and 1971.
Motion by Walt Marklin~, seconded b:v Dan Blonigen, that council meet with
the school board and iron out summer-winter recreation program. Decision
should be made by May 1st. Carried.
Peter Stupar raised Question of what organization receives Community Chest
allocation of recreation funds.
Clerk to arran~e for representative of Bridgewater Telephone to be at
next meetin~ to discuss cable laying.
Thore Meyer and Bill Elliott presented plans for utility carrier lines
to gO under I-94. Preliminary estimates for three water and one sewer
line would be $28,000 to $30,000.
Motion by Jeff Rowan that placing of carrier lines be included on the
agenda for the hearing on zoning ordinance. Seconded by Walt Markling.
Carried.
*' Motion by Jeff Rowan that hearing to discuss proposed zoning ordlnancebe
held April 18th at 8 P.M. at the High School. Seconded by Walt Markling."
Carried.
Motion by Walter Markling that we call for bids for installing carrier
lines in I-94 for bid opening for April 11 at 2 p. M. Engineers to re-
port to council April 11 and hearing April 18th. Second by Jeff Rowan.
Carried -. all in favor.
Motion by Walter Markling, seconded by Dan Blonigen, that council aporove
application of Cominco American, Inc. to install 18,000 gallon chemical
fertilizer tank on Block 12 adjacent to railroad. Carried.
Motion by Jeff Rowan, seconded by Dan Bloni~en, to issue permit to Lee
Hatfield to oresent fireworks display for Hospital ~nd Rest Home patients
on July 4th. Fire protection to ne nrovided. Carried.
Robert Davis presented complaint of delay of snow plowing and removal
on commercial alley and 'Darkin~ lot. Council consensus that se''''er-water
crew maV helD with tractor and scoop to exnedite snow movement.
Motion by Jeff Rowan, seeond bV Dan B1oni~en tn issue two buildin~ nermits
for two houses to be built on Lot 2 amd Nt of Lot 1 Block 45. Water
and sewer service to be assessed to the ~er. Carried.
130,
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~ Soecial meeting of VillaP..'e Council
Mav lA, 1972
R:10 P.M.
The Villa!T,p' COl1ncil of the Villap'e of Honticello met in special meeting,
duly announced, on Mav lli, 1972 with the following members oresent:
Vlilli:uT1 Sandbert:;, A. J. Rowan, Dan Blonil'.'en, Richarn Martie amil^raltl'!r
Marklin9.:. Ahsent: none.
C0uncilman Rowan introduced the'following Resolution and moved its
adoption:
That the Village Council adopt the Zoning Ordinance with the
amendments made as a result of the oreviouslyheldpublic
hearing. Motion was sl'!conded by Walter Markling and passed..
Voting in favor: Sandbarp.;, Blonip.;en, Markline:, Martie, Rowan.
State of Minnesota
County of Wright
I, the undersigned, being the duly qualified and acting Clerk
of the Village of f~nticello, Minnesota do hereby certi~v that I have
comnared the forpP..'oing extract of the minutes of the snecial meeting of
Village Council held May 18, 1972 with the orie:inal thereof on nle in
my office and the same is a full and true transcript insofar as the same
relates to the aelontion of the afore published Zoning Ordin;mce.
14i tness my hRnn as such Clerk and. coruorate seal of the Village this
19th day of M~y, 1972.
Don C. r.rrR.nlund, Clerk
DCG IIsg
Soecial meeting of Village CQuncil
May 2'3, 1972
7:10 p. M.
Meetine: called to order by Mayor William Sandberf.!. Councilmen nresent:
Richard Martie, Dan Blonigen" Jeff Rowan. Absent: Walter MArklinf1:.
Bernard Mattson, County Assessor, conducted the Board of Review. Three
oroperty owners were present for review:
Mr. and Mrs. James Bell, Mr. and Mrs. John Sullivan, Mr. Robert
Brown. __
Motion by Bill Sandberg to reduce the market value of $1.00 SQuare foot
for property descrintion 19789 chanp'ine: market value from $13,580.00 to
$12,7fiO.OO for John Sulliv,<m'ls. Seconded by Dan Blonigen. Carried
all in favor.
Motion by Richard Martie to accent rep0rt of County Assessor. Seconded
by Jeff Rowan. Carried.
Motion by Richard Martie to adjourn, seconded bv Jeff Rowan. So ordered.
J -37
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PLANNING COMMISSION MEETING
June 17, 1975 - 7:30 P. M.
Present: Chuck Stumpf, Jay Miller, Howard Gillham,
Gordon Steinert, Fred Topel, Willard Anderson.
Absent: Ron White, Larry Muehlbauer.
1. Minutes approved of May 13, 1975.
2. Variance reQuest - Ernie Hartwi~
Motion by H. Gillham, seconded by F. Topel and un-
animously carried to grant variance on side lot
requirements for lot owned by Ernie Hartwig on 3rd
Street between Minnesota and Vine. House and
garage will be 52 feet on a 66 foot lot. Approval
to grant variance from 10 to 4 feet on one"side.
3. R~lotting of lots - Ernie Hartwig.
Motion by J. Miller~ seconded by H. Gillham, and
unanimously carried to allow replotting of lots 11
and 12J Block 5 and lot 2~ Block 44~ into 4 lots
as all would meet minimum lot size requirements.
A. Reguest by Legion Club for building permit for addition.
Motion by H. Gillham, seconded by G. Steinert, and
unanimously carried to have Legion Club get ad-
jacent property owners to sign petition approving
addition before permit is issued.
5. Review of Comprehensive Plan and Zoning Ordinances.
Presentation by Howard Dahlgren and Mike Gear of
Howard Dahlgren, Assoc. Motion by W~11ard Anderson,
and seconded by G. Steinert, to recommend adoption
of Zoning Ordinances as amended. Voting in favor:
Steinert, Anderson, Miller, Topel. Stumpf. Opposed:
Gillham.
Meeting adjourned on motion by W. Anderson, seconded by
F. e1 and unanimously carried.
138
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'Planning Commission - July 16, 1975 - continued.
Page 2.
5. Review of Comprehensive Plan. Zoning and subdivision
Ordinances.
Howard Dahlgren reviewed the Comprehensi.ve"Plan and went
thvough addendum for subdivision ordinances. Howard
Dahlgren also presented zoning district map of entire: city.
Motion by Muehlbauer, seconded by Gillham and unanimously
carried to approve subdivision ordi.nances with addendum.
~ing .djZJ~
Gar~ber ,
City Admini$trator
GW/mjq
13q
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JOINT RESOLUTION AS TO ORDERLY ANNEXATIONI
CITY OF MONTICELLO - TOWN OF MONTICELLO
WHEREAS, the Municipal Commission of the State of Minnesotn presently
has before it for hearing and consideration the matter of annexing certain
portions of the Town of Monticello. to the City of Monticello; and
WHEREAS, the Town of Monticello and the City of Monticello are parties
of the said hearing; and
w~mREAS, there is a basis for agreement between the parties to this
.; action upon which the matters presently llefore the Minnesota Municipal
1'.
Commission can be settled, and the governmental parties hereto desire to
set forth such terms of settlement by means of this resolution.
NOW, THEREFORE. BE. IT RESOLVED by the City of Monticeilo and the Town
of Monticello, as follows:
1. That the following described property is or is about to become
urban or suburban in character and that the city is capable of
.
providing it with services required by the area within a
)
reasonable timel
The "Annexation Aren" as sho'ffi on Township Exhibit "8";
plus the following described area: Beginning nt
the point where the Northerly right of way of
Interstate Highway 94 intersects with the West Une
of the above described "Annexation Area"; thence
Northwesterly along said North :right of way to the
point of intersection with the Hest line of the East
half of Section 32, Township 122, Range 25
thence North along said ~/est line to a point where
it intersects with the South bank ~f the Mississippi
lliver; thence Easterly and Southeasterly along said
South bank to a point of intersection with Northwesterly
boundary of the "Annexation Area"; thence Westerly
and Southwesterly along said boundary to the poi.nt
of beginning.
That the Town of Monticello upon passage of this resolution and
its adoption by the City of Monticello, agrees to withdraw its
oppoallion to the ilIUllediate annexation of the above described
area.
Enclasure 2: City Council minutes of May 30 - June 4, 1974
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Tha t the Ci ty of Monticello upon passage of this rcsolu tion
and its adoption by the TowlI of Monticello agrees to withdraw
its request for annexation of any of the area designated in
need of orderly annexation other than the above described area.
2. That both parties hereby stipulate that the area designated as
in need of orderly annexation remaining'in the town is not in
need of municipal services and will not be in need of municipal
services within a reasonable time. That no annexation will
take place anywhere within the area desi&nated as in need of
orderly annexation remaining in the town unless the area
involved is or is about to become urban or suburban in character,
and unless the. city has available and is capable of providing
municipal services, city streets, city water, city sanitary sewer,
police protection, fire protection and garbage collection. Said
municipal services shall be provided with sufficient capacity
so as to make the services uninterruptable and adequate for
fu ture development of the whole area to be serviced. The ci ty
agrees not to initiate any annexation within this remaining
orderly annexation area (subject to Number 3 below) for a period
of 10 years, except in response to a petition of a majority of
property owners involved.
3. If the city decides to construct a service road in Section 10,
I
Township ,121,
parallel to and Southwest of Interstate
Range 25
Highway 94, it is jointly agreed that the city may initiate an
annexation of territory out to the Southwest right of way of such
proposed road not to exceed a quarter mile at any point from the
Southwest right of way of Interstate 94.
-2-
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4. That the above described annexation will deprive the ToWll of
Monticello of over 871. of its tax base which both partIes agree
would be unjust and inequitsble. Having in view the value of
tho exh ting town property to be added to the cil:y, the asse ts,
value, and location of sll of the taxable property in the
existing town, and the ability of the remainder"-ofthe town to
function as an effective governmental unit; both parties agree
tha t a Jus t and equi table apportionmen t of the property and
obliga tions be tween the governmental uni t adding terri tory and
the governmental unit from which the territory was obtained,
requires that the Minnesota Municipal Commission order that the
city annually pay, to the town a portion of its ad valorem tax,
which is to be derived as follows:
Annual Town Budget
, $150,000.00
Less:
(1)
Intergovernmental transfers
(Federal Revenue Sharing
and Per Capita Aids) and
other non property tax
revenues
(2) Seven mills times the assessed
value in the town
The annual town budget of $150,000.00 shall be increased or
decreased annually by the rate of the increase or decrease
of the cost of living, but in no event shall exceed 5.5%.
This provision will be effective as of January I, 1975.
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Further, that the Wright County Auditor be ordered to revise
his tax records and ad valorem tax payments pursuant to the
above formula, and make payments directly to the town. Both
parties request that the Minnesota Municipal Commission retain
jurisdiction in the within proceeding fOr the limited purpose
of adjusting this apportionment of assets and obligations in
the event that unforseen extraordinary circumstances arise.
The $150,000.00 budget formula outlined above is for purposes
of computing, the annual city payment, which payment shall not
be affected by the actual township budget as determined by the
electors.
J Ll d
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5. That planning, zoning and subdividon regulations within the
portion of the area designated as in need of orderly annexation
remaining in the town shall be as provided in Hinnesota S ta tu tes
414.068. The parties agree to the appointment of the three-man
committee provided for therein, which committee shall serve as
the "governing body" and "board of adjustmllnt and appeals" for
purposes of Minnesota Statutes 462.357. That the total cost
of the planning, zoning and subdivision regulations within the
portion of the area designated as in need of orderly annexation
remaining in the town shall be apportioned between the city and
the town on the basis of the ratio of their assessed values.
6. That the city'and town hereby agree to seek to enter into a
Joint Powers Agreement with the county, pursuant to Minnesota
Statutes 471.59, for the unified provision of building inspection
service throughout the city and town area by a certified inspector.
7. That the entering of a final order by the Minnesota Municipal
Commission and the filing with the Wright County Auditor will
cause no change in real estate tax payments received by the
city and the town hereto in the year 1974, and further, that
the real estate taxes assessed against the property annexed
will be paid to the town in 1974 and the city in 1975 except
as set out in Paragraph 4.
8. Any property annexed to the City pursuant to this agreement shall
receive a "tax break" consistent with a staged, graduated increase
in mill rates from the town rate to the city rate over a three (3)
to five (5) year period, depending on the length of time necessary
to provide full municipal services in the area annexed.
9. That the city and town hereby agree to the dismissal of the pending
~r
Supreme Court Appeal of the District Court Order, Court File No. 20747.
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EnClosure 2: City Council minutes May 30 - June 4, 1974
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CITY OF MONTICELLO
Passed and adopted by the City Council of the City of Monticello this
,47ZL day of, Jt~
".1 ~/ t, ") . ri- .
ATTEST: 1 I
Ci ty Clerk
, 1974.
"I BY AJ~klA1)
~or
""'...--... .......---....--.......--.... - ---...._--
TOWN OF MONTICELLO
Passed and adopted by the Town Board of the Town of Monticello this
4;/\ day of ')<_<__....._
J .
ATTEST: })l "-"''-'':'-'-- ;"rJ.~'-5 {
Town q~rk .' ,
,1974. C ,
~......II<c;;rA...J
s,Chairman
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CLERK'S CERTIFICATE
STATE OF MINNESOTA)
)ss
COUNTY OF WRIGHT )
;/ ,. r
I, < ':"'" /, l,~ '~,..,c, City Clerk of the City of Monticello, County of
Wright, State of Minnesota, do hereby certify that I have compared the foregoing
Resolution with the original minutes now on file and remaining of record in my
office; that the same is a true and correct copy and transcript of said original
minutes and the whole thereof, so far as said minutes pertain to the matters
contained herein.
Witpess My Hand and the Corporate Seal of the City of Monticello, Minnesota,
this ij day of ) ';/1, ':' , 1974
(SEAL)
/'
1/;"", IP
City Cler~, City of
(j/ ':::t
c-"'-'7", '1 :^ (/
Monticello, Minnesota
~ - - - - IIiI _ .... . _ _ "'" "'" 8 _ _ _ _ ... _ ~ _ _ _ _ ~ _ _ _ _ _ _ _ _ ~ _ _ _ ~ _ _
CLERK'S CERTIFICATE
"
STATE OF MINNESOTA)
)88
COUNTY OF WRIGHT ) J /
I, 'rJLt ~I;'LLL .S'7.....cX:;:71t.. , Town Clel"k, of the Town of Monticello, County
of lJr' 'Iht, St.8~e o~ Minneso"ta ~reby cel"tify that I have compared the foregoing
re ;0_ -,tion with tho, original rTlinutes now on file and remaining of record in my
olfice; that the S8me is a true and correct copy and transcript of said original
lnfnutes and the whole thereof, so far as said minutes pertain to the matters
contained herein.
Witness My Hand this
4/(
day of .~'<_<-K.<'_
(/ . "
~L.L' I", '_ ,/:1 ,--r~;:.
Town .9lerk, To\m of Monticello,
Minnesota
] ~ Cl
, 1974.
Council Agenda - 9/26/05
.
11.
Consideration of a request for a Conditional Use Permit to allow operation of a real
estate office in an existin!! buildin!! in a PZM District and a Variance from required
parkin!! standards. Applicant: Professional Brokers Realty. (NAC)
A. REFERENCE AND BACKGROUND
The Planning Commission reviewed this item at the September 7th meeting. The applicants
had submitted a new application for a conditional use permit to operate a real estate office
in a PZM district, with the elimination of the required parking area. The elimination of the
parking area required that the applicants also request a variance from required parking
standards.
The applicants presented information rebutting each of the findings of fact for denial,
stating that in speaking with the neighborhood, the majority of residents felt the use would
be acceptable as presented and without the required parking lot. Neighboring residents
also testified to that effect.
After some discussion on potential growth and traffic in the area, current uses and the
suitability of the requested use to the neighborhood, the Planning Commission
recommended denial of the conditional use permit and denied the variance.
.
The applicants have appealed the denial and are asking Council to consider granting both
the conditional use permit and variance.
The applicants are seeking a reconsideration oftheir CUP for a real estate office in an existing
single family home. With this application, the applicants are also seeking a variance to avoid the
requirement for construction of a commercial parking lot to accommodate off-street parking as
required by the Zoning Ordinance. The amount of square footage for the proposed business
would require 10 spaces of off-street parking availability.
The original application for this use was considered in August of2005. The request was denied
for several reasons, including the potential impact of the use on what is primarily a low density
residential neighborhood and the concern over the impact of a commercial parking lot on the site,
as well as on the neighboring residential property.
The applicants hope to persuade the City that by removing the parking lot, and requiring parking
to overflow onto Elm Street, that the use would be more acceptable in this location. They also
contest the findings that served as the basis for the original CUP denial.
.
In planning staffs opinion, the change to push parking overflow onto Elm Street would make the
concerns over this use greater. Due to the design of Elm Street and its busy intersection with
County Road 39 to the south, on-street parking is allowed only on the east side of Elm Street. As
such, there is no on-street parking available directly adjacent to the property. Moreover, the idea
of removing the parking lot from the property due to its objectionable impact on the area only
points out the concern over compatibility of the use in this location.
Recently, the City Council elected to not construct a new building for the City's Public Works
Department on the south side of County 39, just west ofthis property. The reason for the City
1
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Council Agenda - 9/26/05
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Council's decision was that the proposed building would encroach negatively into this residential
neighborhood. The establishment of a commercial real estate office in this location would
appear to be contrary to that previous decision.
Finally, with regard to the variance from the parking regulations, the City's Zoning Ordinance
(consistent with State law) requires that to consider a variance from a zoning regulation, the City
must find that physical condition, unique to the property in question and not created by the
applicant, creates a hardship in putting the property to a reasonable use under the basic zoning
standards. In this case, no such hardship condition is present. The property can continue to be
utilized as a single family home, consistent with the zoning and its traditional use. If the City
decides that a commercial office is appropriate on the site, a parking lot can be constructed that
meets City Code. As a result, the applicant is capable of complying with zoning regulations
under either scenario and cannot show the required hardship condition.
Please note that in previous similar cases, when a residential structure has been converted to a
business use, off-street parking has been provided. Examples include Dan Olsen's real estate
office and Tom Grossnickle's beauty salon. Granting a variance in this case would create a new
precedent.
B. AL TERNA TIVE ACTIONS
.
Planning Commission recommended alternative 2 below. If Council seeks to approve the
conditional use permit, alternative 1 outlines conditions related to the proposed use.
Decision 1: Conditional Use Permit for the establishment of a commercial office use in the PZM
District.
1. Motion to approve the CUP, based on findings that the use would not create compatibility
issues with the surrounding residential area, subject to the condition that the applicant
complies with the following conditions:
a. Addition of curb around the perimeter of the parking lot.
b. Construction of a parking lot to accommodate at least 10 parking spaces, or
receives a variance from this standard.
c. Addition of buffering at the perimeter ofthe site to comply with the City's
bufferyard ordinance.
d. Approval of the driveway location by Wright County.
e. Landscape screening of the parking area from surrounding residential property
and the public right of way.
2. Motion to deny the CUP, based on findings as provided in the attached findings offact.
.
The Planning Commission denied the variance. The applicants have appealed the decision
and are asking the Council to approve the variance.
Decision 2: Variance from the City's parking regulations for commercial offices.
2
ISd
Council Agenda - 9/26/05
.
1. Motion to approve the variance, based on a finding that the reduction in
parking is necessary to put the property to reasonable use.
2. Motion to deny the variance, based on a finding that no hardship is present
that would qualify the project for variance consideration.
C. STAFF RECOMMENDATION
Staff recommends denial of the variance and CUP. As noted in our original report on this item,
the introduction of a commercial office use in this area is not consistent with the intent of the
PZM district, nor is it compatible with the surrounding neighborhood. Eliminating off-street
parking from the plan makes the issue worse but encouraging vehicle parking on the east side of
Elm Street and cross to the business location in the area of busy traffic intersections. As noted,
no hardship is present that would support the use of a variance for this purpose.
D. SUPPORTING DATA
.
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit D:
Revised Findings of Fact
Site Plan Materials
Applicant Rebuttal Letter to Original Findings of Fact
Applicant Appeal Letter
Site hnages
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Council Agenda - 9/26/05
Findings of Fact for Denial
Conditional Use Permit for Commercial Office in PZM District
Variance from Parking Regulations
505 Elm Street
1.
The proposed use is located in a neighborhood dominated by low density, single family
residential houses,
2.
The PZM District allows for business uses in areas of transition to high density residential, or
mixing of commercial and high density residential uses.
3.
The uses in the surrounding neighborhood do not support the conditions necessary for the
introduction of a commercial use as required by the Zoning Ordinance.
4.
The property, if converted to business use, would not be able to accommodate the required
parking supply as required by the Zoning Ordinance.
5.
The property requires significant buffering and landscaping to screen the use and activity
from the adjacent residential property.
6.
No hardship exists to support the request for a variance from the parking regulations.
7.
The property can be put to a reasonable use under the PZM regulations without the need for a
vanance.
4
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PO Box 1649, Monticello, MN 55362-1649
Main Office (763) 27J-3000 Fax: (763)27]-3001
August 8, 2005
Dear Zoning Administrator, Council Members & Neighboring Residents:
Re: 505 Elm Street Conditional Use Pem1it
Prior to the City Council Meeting scheduled for August 22, 2005, we would like to appeal the
Planning Commission's Staff Recommendation/decision and request reconsideration for a
Conditional Use Peffi1it at 505 Elm Street, Monticello for Professional Office Use as a Real
Estate Brokerage based on the following rebuttal:
Findings of Fact by Monticello Planning Commission:
1. The proposed use is located in a neighborhood dominated by low density, single family
residential houses.
a. We disagree with this finding due to the fact that the City Public Works Building
is located across County Road 39 from the subject property
b. We disagree with this finding due to the fact that the American Legion is located
less than I block to the north of the subject property on Elm Street
c. We disagree with this finding due to the fact that a neighborhood of common wall
homes is located across the street from the subject property
d. We disagree with this finding due to the fact that the subject property lies in a
Performance Zone Mixed zoning classification and lies in an area specifically
outlined by City Officials to be an area approved for professional business use
2. The PZM District allows for business uses in areas of transition to high density
residential or mixing of commercial and high density residential uses.
a. We disagree with this finding due to the fact that that in a surrounding 10 block
area you can find multiple high density rental apartment complexes, as well as
common wall ownership units, commercial, retail, restaurant and bar businesses
b. We disagree with this finding due to the fact that the subject property is already
located on a high traffic comer which is sure to increase with the approval of new
housing building peffi1it applications in the proposed development west of
Monticello on County Road 39
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Page 2 of2
Professional Brokers Realty
3. The uses in the surrounding neighborhood do not support the conditions necessary for the
introduction of a commercial use as required by the Zoning Ordinance.
a. We request specific information relating to the requirements outlined in the
Zoning Ordinance that would address the conditions necessary for the
introduction of a commercial use, and how this subject property does not support
those requirements
b. We disagree with this finding due to facts outlined herein items la. through ld.
4. The property, if converted to business use, would not be able to accommodate the
required parking supply as required by the Zoning Ordinance.
a. We disagree with this finding due to the fact that a bid and proposal that could
accommodate a minimum of 10 off street parking spaces as required by the
Zoning Ordinance was presented at the Planning Commission Meeting on August
2,2005
b. We further disagree with this finding due to the fact that application has been
made for a Variance request to maintain the parking spaces that currently exist
without adding parking spaces unnecessary in the operation of this professional
brokerage
c. We agree with the neighboring property owners that it would be visually
unappealing to convert the extensive landscaping and landscape buffering into a
10 space parking lot that will not be fully utilized with our intended use; we
therefore would agree that a Variance would be most beneficial and agreeable to
all parties
5. The property requires significant buffering and landscaping to screen the use and activity
from the adjacent residential property.
a. We disagree with this finding due to the fact that the subject property is bounded
on north, east, and west by 8 foot or higher mature shrubs and trees as illustrated
in the photos submitted with application; and would only require approximately
60 feet of landscape buffering to the west adjacent property
b. We would further agree to comply with the reasonable requests of the west
adjacent property owner to accomplish this buffering
To address the concerns submitted by neighboring residents, we feel that our professional office
in it's intended use, will be less disruptive to the surrounding community and produce less
vehicular traffic than if we re-sold or leased the subject property to a four person family with
teenage drivers.
As women business owners, we will strive to be leaders in the community, serving with the
highest professional, ethical standards, and encourage other women in the community to follow
their entrepreneurial dreams.
Thank you for your consideration,
~/; iJjG~'/ d
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reticia A DeChene Fulda
Realtor I Owner
Fee Property Owner I Applicant
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isa A Martin
Broker I Owner
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Approaching site Ii-om South On EIIn Strcet
View or Subj(>:t Propl'fty rrom Elm Street
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On SIred I'arking Availahility on Fast side or
Elm Sttwt Anoss ti"Om Snbject Property
No Parking Available on Snhiect I'roperty side or
Elm Street
.
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Tranle Movemcnts at Corner may conflict with
on stroct parking needs.
No viable Street I'~rking Subject sidc orCSAI139
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Adi~ccnt propllty lo West - I.~ne ResidCll(~
View or Propert.y from :i"' Street Likely 011 Street
p~rk ing option lor palrons.
.
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l-:xisting conditions (Jl subject propeny
f-:xisting conditions (Jl subject property
Property loc1IllXI to South or SubjiXl Properly
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PO Box ]649, Monticello, MN 55362.1649
Main Office (763) 27]-3000 Fax: (763) 271-3001
September 9, 2005
Re: 505 Elm Street Variance to Parking lot Requirements
Dear Zoning Administrator & Council Members:
We hereby appeal the Planning Commission Staff Recommendation/decision to deny our request
for variance to parking lot requirements based on the following rebuttal:
Monticello City Ordinance
3-5 [DJ 6. PUBLIC PARKING LOTS: In the event ofa change of use or occupancy ofland
and/or buildings where such change shall cause the new use to be in violation of the minimum
parking requirements of this section, the Planning Commission may recommend approval of a
variance which would grant the use of public parking spaces in a sufficient number to bring the
total number of parking spaces (public and private) into compliance with the minimum
requirements of this section. For each public parking space required to comply with the
minimum requirements of this section, an annual fee shall be paid to the City, said fee to be
established on an annual basis by the City Administrator. Any variance request to utilize public
parking space shall be reviewed in accordance with the provisions of Chapter 23 ofthis
ordinance and shall require final approval of the City Council.
The number of off-street parking spaces that exist on the property are sufficient to the intended
business use. Any addition to off street parking would be underutilized. The City's
Comprehensive Plan item 3.2 and 3.3 outlines the city's goals to "Make buildings the
focus"... "not parking areas." "Create parking to accommodate anticipated and realistic
demands, without overbuilding parking facilities." "Create parking for office uses at rates
between 3 and 4 spaces per I 000 square feet gross floor area".
To deny the variance request would create hardship and an upheaval, as the neighboring
residents are in opposition of the installation of a minimum lO-space parking lot. Much of the
existing mature landscape buffer would be destroyed. Installing a commercial parking lot would
also deter future use of the property from ever being re-converted to residential use.
For these reasons, as well as financial burden, we request that you reconsider our request for a
variance to the parking lot requirements.
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Page 2 of2
Professional Brokers Realty
Thank you for your consideration
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Council Agenda - 9/26/05
12.
Consideration of a reQuest for amendment to the Monticello Zonine: Ordinance
relatine: to the ree:ulation and outdoor storae:e of commercial vehicles. (FP/AS)
A.
REFERENCE AND BACKGROUND
This item came before the Planning Commission at its regular meeting of September 7th.
Planning Commission heard public input on the proposed amendment, including
testimony specifically objecting to the prohibition of race cars in residential areas.
The Planning Commissioners indicated that ordinance amendment would help to clarify
violations and enforcement issues for the City. The Commission unanimously
recommended approval of the amendment.
A similar zoning ordinance amendment restricting commercial vehicles from residential
properties was considered by the Planning Commission and City Council in the fall of 2000.
The Planning Commission recommended that the City Council adopt such an ordinance to
preserve the character of Monticello's residential neighborhoods. In a split decision, the
Council did not adopt an ordinance amendment regulating commercial vehicles in residential
neighborhoods, but tabled the item indefinitely.
This ordinance amendment was recommended by staff because the Wright County Sheriff
determined that in part, the existing ordinance was vague and unenforceable. A consequence of
the current law is that many commercial vehicles have taken up residence in Monticello's
neighborhoods. Not changing the existing ordinance to provide for enforcement may result in
"Grandfathering" or existing lawful non-conforming commercial truck parking uses on
residential properties. Even though the suggested ordinance may now be adopted by City
Council, the character of Monticello neighborhoods will likely remain compromised by many
existing lawful non-conforming commercial vehicle uses.
A conflict on Hillcrest Circle involving the race cars and the parking of large commercial
trucks has renewed interest in amending the current ordinances. It is expected that the parties
involved in this conflict will appear at the public hearing and present differing opinions.
This ordinance amendment along with on-street parking ordinances will help to preserve the
character of our residential districts while not limiting necessary commercial vehicle traffic
serving those districts.
B. AL TERNATIVE ACTIONS
Planning Commission recommended alternative 1 below.
Decision 1: Amendment of Zoning Ordinance
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1.
Council Agenda - 9/26/05
Motion to adopt the ordinance restricting the parking of certain vehicles in residential
districts, amending Chapters 2, 3, and 6 of the Monticello Zoning Ordinance,
establishing regulations for race cars and commercial vehicles in residential districts.
2. Motion to deny the ordinance restricting the parking of certain vehicles in residential
districts, amending Chapters 2, 3, and 6 of the Monticello Zoning Ordinance,
establishing regulations for race cars and commercial vehicles in residential districts.
3. Motion of other.
C. STAFF RECOMMENDATION
Staff recommends Alternative 1 above.
D. SUPPORTING DATA
Exhibit A:
Exhibit B:
Copy of proposed Ordinance with underlining to show amendments.
Copy of the City Council Minutes and suggested ordinance from November 11,2000
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ORDINANCE NO.
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE RESTRICTING THE PARKING OF CERTAIN
VEHICLES IN RESIDENTIAL DISTRICTS, AMENDING
CHAPTERS 2,3, AND 6 OF THE MONTICELLO ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS:
Section 1. Section 2-2 of the Monticello Zoning Ordinance is amended by adding the
following definitions:
"Commercial Vehicle"; A vehicle used for commercial oumoses that is either llreater
than eillht feet (8') in heillht or l!reater than twenty-two feet (22') in lenllth. includinll. but
not limited to; boom trucks. camo trucks. dumo trucks. farm imnlements. fire trucks.
ambulances. limousines. busses. hearses. semi-tractors. semi-tractor trailers. tank trucks
and tow trucks.
"Gross Vehicle Weillht Ratinll (GYWR)"; The maximum allowable total weillht of the
vehicle that may not be exceeded. as desillnated bv the vehicle manufacturer.
"Licensed and Ooerable Vehicle": A car or truck which has current licenses olates. is
mechanically ooerable and is desillned and eauiooed in a manner which will allow it to
be lellally ooerated on a oublic street.
"Race Car"; A vehicle. includinll a vehicle olaced on a trailer. used nrimarilv for racinll
which does not meet the definition of a Licensed and Ooerable Vehicle.
Section 2.
as follows:
Section 3-2[N] the Monticello Zoning Ordinance is amended to read in its entirety
[N]
EXTERIOR STORAGE: All materials and equipment except as provided for in
Chapters 5 through 19 of this ordinance shall be stored within a building or fully
screened so as not to be visible from adjoining properties and nublic streets.
except for the following:
1. Clothes line pole and wire.
2. Recreational equipment and vehicles. Race cars are not considered
recreational eauioment or vehicles.
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3.
Construction and landscaping material currently being used on the
premIses.
4. ooOn orooertv used for residential ourooses. off-street parking of
passen.;or licensed and ooerable. non-commercial vehicles and trucks not
exceeding a gro~~~; capacityGross Vehicle Wei!!ht Ratin!! (GVWR) of nine
thousand (9,000) pounds in re~;idential arcasa !mra!!e. driveway or off-
street oarkin!! facilitv meetinQ: the reauirements of this Zonin!! Ordinance.
5. Propane tanks, fuel oil tanks, and other similar residential heating fuel
storage tanks which do not exceed 1,000 gallons in capacity and shall not
be located within five (5) feet of any property line.
6. Wood piles in which wood is stored for fuel provided that not more than
10 cords shall be stored on any property. A cord shall be 4'x4' x8'.
All wood piles shall be five (5) feet or more from the rear and side yard
property lines and shall be stored behind the appropriate setback line in
front yards.
7. Solar hearing systems.
Section 3. Section 3-5[D]7 of the Monticello Zoning Ordinance is amended to read in its
entirety as follows:
7. OODriveways and exterior off-street parking facilities accessory to residential
B-Seuses may be utilized solely for the parking of licensed and operable pa~;~;engcr
automobile~;, no more than non-commercial ehicles. one (1) truck not to eilceed
gro~;~; capacityexceedin!! a Gross Vehicle Wei!!ht Ratin!! (GVWR) of nine
thousand (9,000) pounds, and recreational vehicle yehicles and equipment. Race
cars are not considered recreational vehicles and eauioment. Under no
circumstances shall requireddriyewavs or exterior off-street parking facilities
accessory to residential structures be used for the storagenarkin!! of either
commercial vehicles ef equipment, or for the parking of uutomobilesvehicles
belonging to the employees, owners, tenants, or customers of business or
manufacturing establishments which are not bein!! used bv a resident of the
oremises. exceot for delivery. reoair and other vehicles Drovidin!! temoorary
services benefiting: the orooerty. Passen!!er cars and trucks shall not be oarked in
yards or any other areas of the orooerty other than the !!ara!!e. dri vewav or 01'1'-
street Durkin!! facility comnlvin!! with the reauirements of this Zonin!! Ordinance.
Section 4. Section 6-3[A] and [B] of the Monticello Zoning Ordinance are amended to read
in their entirety as follows:
6-3: PERMITTED ACCESSORY USES: The following are permitted accessory uses
in an "R-l" district:
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[A]
Private garages, parkin,;; spaoe~; and oarports for licensed and operable passenger
cars and trucks not to eKceod a gross capacity of nine thou~;aFld (9,000) pounds as
re;ulatcd by Chapter 3, Section 5, of this ordinance. Private 6~lrages are intended
for w;e to share the pri vate pa:;senger vehicles of the fami I)' or families resident
upon the premises and in whioh no business, ~;cn'ice, or industry iG carried on.
Suoh ~;paoo can mav be rented to non-residents of the property for private
passenger vehicles and/or non-commercial vehicles, trailers, or equipment if
sufficient off-street parking in full compliance with this ordinance is provided
elsewhere on the property. &t:tffiA garage shall not be used for the storage of
more than one (1) commercial vehicle~ owned or operated by a resident~ per
dwelling unit.
[B] RecreationalExtetior stora2:e of recreational vehicles and equipment. exceot race
cars.
Section S. Effective Date. This Ordinance shall be effective immediately upon its passage
and publication according to law.
Adopted by the City Council of Monticello, Minnesota on the ~ day of
,2005.
ATTEST:
Clint Herbst, Mayor
Rick Wolfsteller, City Administrator
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Council Minutes - 12/11/00
& Consideration of an ordinance amendill!! the Monticello ZoniDl! Ordinance. Chapter 3.
Section 3-5. rD] 7. by addinc: subsections (a) and (b). establishing reeulations for
commercial vehicles in residential districts. Applicant: City of Monticello.
Fred Patch provided hackground information on the proposed ordinance amendment. The City
had received complaints about commercial vehicles parked in residential area. The Sheriffs
Department indicated that the present wording of the City' s ordinance made it difficult to
enforce. The proposed amendment was an attempt to clarify what type of vehicle could not be
parked in residential areas thus making this portion of the ordinance enforceable. Brian
Stumpf asked if staff had checked out what other communities had before coming up with this
proposed language. Fred Patch indicated they had not but the staff did submit this to the
Sheriffs Depmiment to determine if they felt it was enforceable.
There was considerable discussion on the ordinance amendment. It was questioned
whether the amendment was too restrictive and it was suggested that instead of eliminating
commercial vehicles they should be limited, such as allowing one commercial vehicle not
exceeding one ton. T'he discussion focused on the one ton vehicle and whether that should be
restricted. Brian Stumpf felt that since most of the complaints dealt with larger vehicles that
should be the type of vehicle targeted by the ordinance amendment.
The Planning Commission had conductcd two public hearings on the proposed amendment.
Roy Popilek, a Planning Commission member, indicated that there was no one in attendance at
the public hearings who spoke for or against the proposed ordinance amendment. The
Planning Commission felt the proposed amendment would protect the residential areas horn the
presence of large commercial vehicles. Clint Herbst asked if the Planning Commission had a
concern about one ton trucks. Roy Popilek stated the Planning Commission didn"t specifically
address size when they reviewed this issue.
Bruce Thielen expressed his concern that creating a document that was ambiguous might be
worse than doing nothing at all and the Council did not feel the matter should be sent back to
the Planning Commission again since they had already reviewed it twice.
BRUCE THIELEN MOVED TO DENY THE AMENDMENT '1"0 MONTICELLO ZONING
ORDINANCE CHAPTER 3, EST ABLISHINCi REGULATIONS FOR COMMERCIAL
VEHICLES IN RESIDENTIAL DISTRICTS. BRIAN STUMPF SECONDED THE
MOTION.
Roger Carlson voiced his opposition stating that a lot of work had gone into the ordinance
amendment. There was further discussion by the Council on the ordinance amendment.
Bruce Thielen withdrew his motion to deny the ordinance amendment.
BRUCE TIlIELEN MOVED TO TABLE THIS ORDINANCE AMENDMENT AND HA VE
STAFF DO FURTHER RESEARCH TO RESOLVE THE ISSLJE OF VEHICLE SIZE.
BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH ROGER
CARLSON VOTING IN OPPOSITION.
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ORDINANCE NO.
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING MONTICELLO ZONING ORDINANCE, CHAPTER 3, SECTION 3-5, [D)
7, BY ADDING SUBSECTIONS (A) AND (B), ESTABLISHING REGULATIONS FOR COMMERCIAL
VEHICLES IN RESIDENTIAL DISTRICTS:
THE CITY OF MONTICELLO DOES ORDAIN:
Title 10, Chapter 3, Section 3-5, [0] 7 is hereby amended to read as follows:
7. Off-street parking facilities accessory to residential LIse may be utilized
solely for the parking of licensed and operable passenger automobiles, no
more than one (I) truck not to exceed gross capacity of nine thousand
(9,000) pounds, and recreational vehicle and equipment. Under no
circumstances shall required parking facilities accessory to residential
structures be used for the storage of commercial vehicles or equipment or for
the parking of automobiles belonging to the employees. owners. tenants, or
customers of business or manufacturing establ ishments.
{ill For the purpose of th is section, a commercial veh icles or equ ipment (buses.
trucks. truck-tractors. vans. and the like).shall be defined as.
i. Anv vehicle with Minnesota license plates carrvin2 a designation of
"BY" (bus. e.\cept as provided belowL "Cl" (commercial zone truck): or
ii. Anv vehicle with Minnesota license plates carrvinQ a desiQnation of"Y"
(truck with Minnesota base plate) or "T" (farm truckL and displavinu. on the
lower riQht corner of the license plate any uross vehicle weiuht designation
of "F" throuu.h "T": or
iii. Anv vehicle with a u.ross vehicle weiQht in e.\cess of9.000 Ibs.
f.h2 Commercial vehicles. shall be subiect to all other provisions of this
ordinance: however, the prohibitions of this Section shall not applv to the
followin2:
i. Commercial vehicles that are actually in the process ofbeinQ loaded or
unloaded in the due course of business.
ii. Commercial vehicles that are directly ancillary to construction and
parked within 1.000 feet orthe related construction site.
iii. Vehicles licensed with Disabilitv Plmes. or displavinu a Disabilitv
Parkin2 Certificate.
IV. One-ton passen"er vans used soleh' for transportinu. persons.
v. Vehicles owned and/or operated b\' a !!ovcrnmental a2cnC\'.
vi. Puhlic 111/(1 {Jrivll1e emerf!e/lc\" vehicles such liS those used hI' {Jolice,
fire, securit\", vehicle towillf!, {Juhlic IIl1d {Jrivll1e utilit\" COl11fJlIllie.\';
however, such vehicles I11IHt dis{JltII' the /llIme o(the COI1l{J((11I' {Jrllvidilll!
the service lIllll he elfU i{Jned with emti{Jl11ellf thllt mil\" he used ill 1111
el11erf,!ellCl' .~itUllti()lI.
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Council Agenda - 9/26/05
13.
Consideration of Reviewinf! Trunk Fee (City of Monticello Project No. 200S-09C) (WSB)
A. REFERENCE AND BACKGROUND:
The City Council previously reviewed information related to the adjustment of the trunk fees
for sanitary sewer, water main, storm sewer, and the sewer access charge (SAC). At that
meeting, issues were discussed related to the following:
. Growth Rate
. Unit vs. Acre Charge
· Assessment of fees
· SAC transfer to trunk fee
. Stormwater process
. Biosolids expense
· Assignment of credits and upfronting costs
The attached memo addresses each of these items and the associated recommendation. The
Council is asked to review the information and offer input. Once all ofthe input is received,
the final report will be prepared and presented at a future council meeting.
ALTERNATIVE ACTIONS:
None Required
STAFF RECOMMENDATION:
See attached memo.
D. SUPPORTING DATA:
Memo
Supporting Documents
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WSB
.
& Associates, Inc.
Infrastructure I Engineering I Planning I Construction
701 Xenia Avenue South
Suite 300
Minneapolis. MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
Memorandum
To:
Honorable Mayor and City Council
City of Monticello
From:
Bret A. Weiss, P.E.
President
Date:
September 26, 2005
Re:
Trunk Fee Discussion
City of Monticello Project No. 2005-09C
WSB Project No. 1494-05
.
Following the July 25, 2005 Council work session on the trunk fee program, we have made
modifications to the process. This memo intends to address the remaining issues that will require
Council input prior to preparation of the final report. The remaining issues and associated
discussion are noted as follows:
1. Growth Rate: After evaluating many options, City staff and Council have agreed to use
300 units per year for 10 years, and 380 units per year for 5 years. This rate has also been
used for the information provided with the biosolids discussion.
2. Acre or Unit Cbare:e: Currently, we charge on an acre basis with only the storm sewer
fee adjusted based on the type of land use. We have provided an analysis of trunk fees
assessed on a per unit basis versus a per acre basis for some of the recent developments
that have been completed or are in the planning stages. As is apparent from the analysis,
going to a unit basis would typically lower the trunk fee paid for the sanitary sewer
system. By doing this we would need to raise the trunk fee up higher than what is
currently being proposed. Therefore, in an attempt to remain consistent with previous
years, we are proposing that the City stay with the per acre basis for trunk water main,
sanitary sewer, and storm sewer, and leave the program in place to assess on a gross acre
basis for sanitary sewer and water main, and on a net acre basis for storm sewer.
.
3. Assessment of Fees: Currently, the City of Monticello has allowed developers to assess
the trunk fees on a per lot basis over a lO-year period. The developers do have to pay
interest each year on the assessment that has not been paid off, which typically keeps the
City current with increases to the trunk fees. We are proposing that the City Council still
aIJow the trunk fees to be assessed, however, the terms should be reduced to 3 years.
This will ensure that the City receives trunk fees on a timely basis to pay for
improvements that likely were necessary for development of the assessed lots.
K:\l)1494-0.5\AdminVJoc.(lMEMO-hmcc-092605.doc
Minneapolis I St. Cloud
Equal Opportunity Employer
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Honorable Mayor and City Council
September 26, 2005
Page 2
4. Transfers of SAC Fees to the Sanitary Sewer Trunk Fee: Currently, the City of
Monticello is transferring 30% of the SAC fees to the sanitary sewer trunk fund. This is
an unusual practice and was discussed at the previous meeting that the City should work
towards eliminating that transfer. The fees that we have proposed include immediately
reducing the SAC fee transfer to 20% followed by a reduction of the transfer at
approximately 1 % per year. This will take 20 years to remove completely the SAC
transfer to the trunk fee, however, this is the smoothest way to complete the transfer
without making major adjustments to the trunk fee and SAC fee.
5. Storm Sewer Pondin2 Proe:ram: The Council agreed at the last meeting that it makes
sense to separate the storm water trunk fee into separate pipe and ponding fees. This will
allow us to better manage the land costs within the program for acquisition of ponding.
The remainder of the storm sewer trunk fee program will remain as previously developed.
.
6. Biosolids Expense: The City of Monticello is exploring options for expanding the
biosolids system at the wastewater treatment plant to a Class A process. This would be at
an estimated cost of $7,250,000. The City Council should address whether the
improvement of this process should be included in the SAC calculation to be paid for by
all new development of if a portion of it should be paid for out of City funds, which
would then reduce the necessary increase to the SAC fee. You will note that the trunk fee
is being increased due to the reduction in the SAC fee transfer, which allows us to
maintain the SAC fee at its current rate due to the influx of additional funds that are no
longer being transferred.
7. Assil!nment of Credits and Upfrontine Costs for Trunk Fees: As has been explained
previously, the trunk fee is set by the date and cost of when improvements are
constructed balanced by the amount of revenue that is received on an annual basis. This
can then be generated into a spreadsheet that identifies the annual balance in each of the
funds. We have attempted to keep the annual balance from exceeding a negative
$3,000,000 in an attempt to manage the trunk fee at an acceptable rate. We are
recommending that in the future that the City Council provide credit to the developers at
the end of their projects, and not at the beginning. This will help make sure that there is
adequate funding and revenue into the trunk fee program to keep the debt at a minimum.
In addition, we are recommending that City staff and Council address each trunk
expenditure on a case by case basis to determine if the developer should be required to
up front the cost or if it fits within the City's trunk program. This flexibility is necessary
due to fluctuations in the number of housing units developed on an annual basis and the
necessary expenditures and date when they are planned in the program.
.
8. Currently Assessed Lots: Currently, there are approximately 6,800 that have been
assessed trunk fees at the current rate. Because of this, the revenue from those lots will
be limited to the assessed rate, which will not allow us to increase the trunk fees received.
Therefore, the spreadsheet that is attached shows a similar amount for 2005 and 2006,
which represents those previously assessed lots. From 2007 on, you will note the
adjusted trunk fee that is proposed at this time.
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Honorable Mayor and City Council
September 26,2005
Page 3
9. Water Treatment Plant: As was discussed at the last meeting, a water treatment plant
was shown to be constructed in 2025. While we believe that it is prudent to start
planning for the construction of a water treatment plant, it does significantly increase the
trunk fees that are proposed to be paid. With the water treatment plant in the program,
the trunk fees are proposed to be increased to $3,300 per acre. Without the water
treatment plant in the program, the trunk fees would be increased to approximately
$1,900 per acre. Many cities have gone to including a portion of the water treatment
plant costs in the trunk fee program with another portion of the cost paid as a surcharge
on the user rates. City Council could decide to adopt a program at this time, which would
increase the trunk fee to start building revenue for the water treatment plant and then plan
to pay for a portion of the cost with rates once the treatment plant is under design.
Therefore, we are recommending that the City Council provide some input on this matter
and look at a trunk fee somewhere between $1,900 and $3,300 per acre.
10. Sanitary Sewer Trunk Fee: The attached cash flow analysis using 300 units per year
for the first 10 years and 380 units per year thereafter, with a reduction of the SAC fee
transfer to 20% followed by a 1 % reduction per year, would propose an increase in the
trunk fee to $3,720 per acre from the current $2,228 per acre. We are recommending that
be proposed for 2006 and beyond.
11. City Survey: In an attempt to provide some information to the City Council on
surrounding cities and other metro cities related to the trunk fee program, we completed a
brief survey, which is attached for your information.
A presentation will be provided at the meeting to discuss these issues in greater detail. If you
have any questions prior to the meeting, please don't hesitate to contact me at 763-287-7190.
Attachments
srb
K;V)J494-tJ,Milmbi\l)Qcs\Ml:."Mo-hmcc-092605.doc
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Cash Flow Analysis (300 units per year)
Sanitary Sewer Trunk Fund (Adjusted Fee)
City of Monticello
. WSB Project No. 01494-050
Rcginning Balance $2,350,650 Residential Trunk Fec ~ $1,240 pCI' unit
Expenditure InflatiOIl Rate 3.00% Commercial Trunk Fcc ~ $5,580 pCI' unit
Ad.iusted Trunk Fee $3,720 per acre I nduslrial Trunk Fee ~ $22,320 per unit
Annual Fee Multiplier (Year 1 - 10) 4.00% Adjusted SAC Fee = $3,656 per unlf
Annual Fee Multiplier (Year II - 40) 4.00% SAC I'cc Transfer - 20%
SAC Fee (to sanitary sewer fund) $731 per unit Reduce SAC Fee = 1.0% per year
Sanitary Trunk Fund Annual
Year Description Expenditures Uebt Service Trunk Fee Sac I' ces Balance Uebt Transfer
Beginning Balancc_ .J>2,350,650 $0
2005 $0 5262,904 $241 ,296 $2,854,850 $0
2005 Improvements (liT]), & 4)
2006 10 year bond @ 6% $5,5~~83 $751,117 $262,904 $238,400 $2,605,0}8 $0
2006improvcmellts (#"f--' .--... -
2007 I Oyr bond (tl)(,% (Credit Developer $389,000) $751,117 $474,779 $234,887 . ~2,563,588 $0
2007 Improvenlents (#6)" --- -
2008 10 year bond @ 6% $1,310,000 $939,943 $493,770 $230,711 __-.J2,348,126 $0
200ifTmprovemcnls (#7 & fi)-' -- --
2009 10 year bond (a) 6%, $365,000 $994,133 $513,521 $225,826 $2,093,340 $0
2010 $994,133 $534,062 $220,180 $1,853,449 $0
2oTOjmprovcments (#iOf-
2011 10 year bond (ii! 6% $1,750,000 $1,269,773 $555,424 $213,721 ---.J.1 ,352,822 $0
20 I r Improvements (ill I 8< T2f- .-., ,.--.....
2012 10 year bond (il) 6% $1,380,000 $1,493,655 $577,641 $206,394 $643,203 $0
20[2 lmpr(JVements (#IT,--i4, & 15j""""-
2013 10 year bond ~/) 6% $2,430,000 $1,899,709 $600,747 $198,138 ($~57,6~ I) _...0.1 ,298,'1(,2)
2013 -improveme-"ts (# I~
2014 10 year bond ('!) 6% $410,000 $1,970,275 $624,777 $188,892 ($ 1.614,228) ___($1,345,493:1)
20 i 4 Iniprovements "(liT';) -- -
. 2015 10 year bond @ 6% $360,000 $2,034,095 $649,768 $ln,~89 . ($2,819,966) ($1}84,327)
--- ..---
2016 $1 ,182,979 $864,742 $212,241 ..J:f0,t)25,962) ($418,236)
2017 $1 ,n2,979 $899,332 $196,205 ($3,213.403) ($383,647)
2017 Impr.:lVements (118)
2018 10 year bond (~~) 6% $425,000 $1,176,48 I $935,305 $178,547 ($3,276,0.12) ($241.176)
.-- -
2019 ~..!..,,!22,291 $973.,2l7 $159,162 .......!.13,266,444) ($149,573)
2020 ...!!,,122,291 $1/!_!."!":(j26 $137,940 ($3,23~c 1(9) ($110,665)
20201mprovemellts (# (9) ---.." ...
2021 10 year bond (ill 6% $1,600,000 $1,185,336 $ !,O52,O91 $114,766 ($3,257,64~) ($133,245)
20ITTmprovemellts (#2ifJ- .-- ---
2022 10 year bond @ 6% $560,000 ..J.l ,083,~50_ $1,094,175 $89,518 ($3,_157,505 ) $10,625
2023 $677 ,496 $1,137,942 ~~,066 _l$2,634,9<J4 ) $460,446
..--- --
2024 $606,929 $1,183,459 $32,P4 . ($2,Y26, 18~) -- $576,530
2024lmprovenient, (#21)
2025 10 year bond @ 6% $430,000 $645,555 $1,230,798 $0 ($1,440,946) $585,243
2025 linprovemenis (1122)
2026 ] 0 year bond ~i) 6% $630,000 $800,152 $I,180,Q30 $0 ($961,069) $479,877
2026 Impr(lVements (#23)
2027 20 yea~.!?<:~d @ 6"-"___ _n_J465,yOO $917,683 $1,331,~ $0 ($547,521) $413,548
2028 $835,354 $1,384,480 $0 $1,605 $0
--. -
2029 $835,354 $1 ,43~,859 $0 $606,110 $0
2030 $835,3J4 $1,497,454 $0 $1,268,210 $0
2031 $496,669 $1,557,352 $0 $2,328,892 $0
.--.. --...
2032 $374,574 ....!1,619,646 $0 $3,573,964 $0
. 2033 $374,574 $1,684,432 $0 _~,883,8~2 $0
2034 $374,574 $1,751,809 $0 $6,2~.!..,Q.57 $0
2035 $272,128 $1,821,881 $0 $7,810,810 $0
K:I01494-05\AdminIExceIlCash Flow Analysis - 300 Units per year
)lY
1014
.
.
.
Cash Flow Analysis (300 units per year)
WWTP Fund (Adjusted Fee)
City of Monticello
WSB Project No. 01494-050
Beginning Balanee
Expenditure Inllation Rate
SAC Fee (to WWTP fund)
Annual Fee Multiplier (Year I - 10)
Annual Fee Multip]ier (Year II - 40)
$2, III ,000
3,00%
$2,925 per unit
4,00%
4,00%
Adjusted SAC Fee =
SAC Fee Transfer =
Year
Waste Water Treatment Fund
Description
Population Annual
Equivalent Expenditures Debt Serviee SAC Fees
11,115
... ... ....... 11,952
$574,000
$1,082,293 $965,] 84
..---- -.---.-..---..
$1 ,o.~~,29~ $1,016,339
$7,250,000 _ _.!!ll82,~~~__~1,070,042
2007
2006 & 2007 Improvements
20 year bond (ll) 6%
--....-.-----------..-- ----------
12,789
2008
13,804
$],752,875
J-,-,752,875
$1,?g~75
$2,074,515
2009
14,641
2010
15,478
........
SBR Tank
2011 10 year bond (Ill 6%
16,315
$2,042,050
2012
-...
$2,074,515
17,152
--.--..-..
2013
$2,074,515
17,989
---.--- --
2014
f----------------.-----..-..--
...... _. $2,074,515
$_2,Qz..~,? 15
18,826
2015
19,663
2016
$2,074,515
....
20,723
2017
21,783
$2,074,515
-- ...-- -.-------
$1,1_2_~,i!2.
$1,185,585
$],247,687
$1,312,861
$1,381,251
$1,453,013
$] ,528,306
$1,607,297
$2,145,993
$2,256,359
2019
23,903
$2,0?~,?!.~_ __ $2,372,120
$992,222 $2,49~.2! I
$992,222 .. $2,!i20,860
2018
22,843
2020
24,964
2 - SBR Tanks
2021 110 year bond @ 6%
$6,000,000
26,024
--r---
$] ,485,566
$1,485,566 $2,894,401
$2,754,386
2022
27,084
___.____.___.._..__..___._m___...__ C" ......___ _.._ on.
2023
28,144
$1,485,566 $3,041,210
2024
29,204
$1,485,566 $3,356,503
$1,485,566 $3, 195, 132
2025
30,265
.--!--------.--... --....-.-.
........
..-.. ---..------------- 1------.--------- - ---.
.......
. . . ----- -----------
.....
K:I01494-05\AdminIExceIlCash Flow Analysis - 300 Units per year
. -------- -.----..
-----
$3,656
80%
pcr unit
Balance
Debt Transfer
$2,111,000 $0
.---....-.-1------.--
$1,993,891
$0
$1,.153,937
$0
$1,341,686
$0
$715,226
$0
$147,936
$0
($357,251 )
($505,188)
($1,118,90:i) ($761,654)
.__.~---~
($ 1,812, 1(8)
($693,263 )
($2,433,670)
($621,501 )
($2.979,879) ($546,209)
_.....~ -----.-----
($3,447,097) ($467,218)
..--.-.,.-.-....-
($3,3?~,~ __ $71,479
($3,193,774) .. $18)&~~
($2.896,169) $297,605
-----."..
($1,394.859) $1,501,309
----.
$233,779 $0
--"....-
$1 ,502,599 $0
._F_,91 1,434 $0
~4,i67,077 $0
--
$6,176,643 $0
$8,047,580 $0
....... -..------..-..----
------- ------
.--
tl S
20f4
.
.
.
Cash Flow Analysis (300 units per year)
Water Trunk Fund (Adjusted Fee)
City of Monticello
WSB Project No. 01494-050
Hook up Fees (WAC) $740 pcr unit
Expendilur~ Inflation Rate 3.00%
TrUll k Fee $3,290 pcr acre
Annual Fee Multiplier (Year 1 - 10) 4.00%
Annual Fee Multiplier (Year II - 40) 4.00%
'$200,000 in trunk main expend~dur~s have heen assumed for those years where major expenditures have not been identified.
Water Trunk Fund Annual
Description Expenditures Debt Servie~ Trunk Main $' WAC Fee Trunk F~~
Veal'
HcglnllJ,~~. Bahmce
2005
Water Tower-i & 2005 improve (#3,4,-&5)----------.
2006 10 year bond (a) 6% _.J2,833,009.
2007
2008
2009
2010
Well NO.6 (#13)
20 I I 10 year bond (ii! 6%
ReservlOr Expansion No. t (iii s)
2012 10 year bond@ 6%
$1,000,000
_. $920,000
2013
welf-Ni;~7(mj"'"
2014 10 year bond @ 6%
.-..-------..
$1,000,000
...-----
2015
2016
2017
weirNii-'-x (1123) & Water Tower 3 (#21)
2018 to year bond (<I) 6%
$3,150,000
2019
2020
2021
. Well No.9 (iii9)
2022 10 year bond (<iJ 6%
Reservoir Expansion NO.2 (#30)
2023 10 year bond ifi) 6%
$1,0.92,900
$920,000
2024
$384,914 $324,450
$0 ____J647,040
$384,914 $239,763
$384,914
$384,914 _______ $236,0~_
$384,914
$542,422
$691,677
$141_,814
$191,280
$238,810
$93,470
$691,677 _______ $253,35i.
$229,640
$863,790
$863,790
$478,876
$478,876
$268,783
$47,064
$250,934
$1 ,(l89,079 .____~~,Z_07_
$297,980
$311,593_ __ $558,40 I _~?_4-,_~~1
$930,478
$1,089,079
$1,089,079
$931,571
$1,000,345
$1,206,948
WTP & Related 'YriJr,k Mam(ii25 & 26)
2025 20 year bond @ 6%
.-..".-.....--.-.--.-.-.-...--...
___E,034,835
$9,650,000 __:g,~! 0,114
$2,510,114
2026
2027
2028
2029
Well N,i:'Td (#32)
10 year bond @ 6%
Rooster Station NO.2 (#33)
10 year bond (ii) 6%
$600,000
-...-----.....
$1,000,000
2030
2031
2032
2033
2034
2035
K:I01494-05\AdminIExceIlCash Flow Analysis - 300 Units per year
$2,510,114
$1,899,911
$2,168,058
$2,333,773
$2,333,773
$2,115,745
$1,909,141
$1,909,141
$1,909,141
_.1'539,181
$330,570
$340,487
$934,619
$361,222
$372,059
$~83,221
$394,717
$406,559
$732,822
$431,318
$444,258
$457,586
_~471 ,313
$485,452
Residential Trunk Fee -
Commercial Tnmk Fee ~
Industrial T.unk Fee -
$244,200
$253,968
$264,127
$274,692
$285,679
$297,107
$308,991
$321,351
$334,205
$3~?,~73
$361,476
$477,323
$496,416
$516,273
$536,924
$580,737
$603,966
$628,125
$206,736
$206,736
$419,899
$436,695
$1,097 per unit
$4,935 per unit
$19,740 p~r unit
8alanee
$1,503,000
$1,306,896
$1,058,236
$1,117,584
$1,208,028
$454,162 ____$1,421, !..42
$1,614,383
$472,329
----.-
$491 ,222 _____~!,633,364
$510,871 $1,680,438
$531,306
$552,558
$574,660
$764,785
$795,377
$827,192
$860,280
$967,697
$1,600,917
$1,407,618
$1,211,180
$1,927,348
$~~~,331
$2,450,009
Debt Transf~r
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$2,460,153 $0
$0
$2,512,571
$2,553,034
$1,006,405 _____ $2,880,8?~_
. $~J93, 7H3
$653,250 $1 ,046,-6~2
$679,380 $1,088,528
$700,5~~_ ____~ 1,132,069
$734,817 $1,177,352
$764,210 $1,224,446
$794,778 _ $1 ,27~,424..
$826,569 $1,324,361
$859,632
$894,017
.1'2.?_9, 77~
__~J~?,_~69
$1,005,648
$1,377,335
$1,432,429
$1,489,726
$1,549,315
$1,611,287
\ llo
$2,611,336
$1,507,908
$464,3?0
($516,806)
($822,778)
($1,329,193)
($2.244,858)
($2,772,981 )
($3,006,538)
($2,~~~,761 )
($2,817,931 )
($2,595,589)
$0
$0
$0
$0
$0
$0
($98 1.1(5)
($_105,972)
($506,415)
($915,665)
.------
. ($528,124)
($233,556)
$52,777
$135,830
$222,342
30f4
.
Growth Projection & Fees Generated (300 units per year)
Trunk Fee Analysis (Adjusted Fee)
City of Monticello
WSB Project No. 01491-050
Residential Densities = 3 unils per acre
Commercial Densities - I unit per 1.5 acres
Industrial Densities ~ I unit per 6 aCres
Adjusted Sanitary Sewer Trunk Fee ~
Adjusted WaleI' Main Trunk Fee -
Currelll SAC F'ee -
Current WAC Fee -
Developed Acreage Pel' Year
12 Additional Unit.. per Year
Year Res Ind COIllIll Total
2005
2006
2007
2008
2009
2010 100 10
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
202'1
2030
2031
2032
2033 127 13
2034 127 13
2035 127 13
2036 127 13
100
100
100
100
100
]00
]00
100
100
100
127
127
127
127
127
127
127
127
127
]27
127
127
127
127
127
127
127
10
10
10
10
10
10
10
]()
]0
10
13
13
13
13
13
13
13
13
]3
13
13
13
13
13
13
13
13
8
] ]8
8
118
$3,720
$3,2'10
$3,656
$740
per acre
per acre
per unit
per unit
Units Per YeaI'
12 Additional Units per Year
Res Ind. Comm
SAC units SAC units SAC units Total
300
300
300
300
300
300
380
380
380
380
380
380
380
380
380
380
380
380
380
380
380
380
380
380
380
380
380
300
300
300
300
300
11
11
II
]]
II
II
1]
II
II
II
1]
II
11
II
II
II
K:\01494.05\Admin\Excel\Cash Flow Analysis - 300 Units per year
8
118
8
118
8
118
118
8
] ]8
8
] ]8
8
118
8
118
8
118
11
151
II
]5]
II
151
II
151
II
]5]
II
151
II
]51
II
15]
I]
151
II
151
II
151
I]
151
]]
151
I]
151
I]
151
II
151
I]
151
II
151
II
151
I]
151
II
15]
9
9
\I
\I
'I
9
9
9
9
\I
\I
II
II
]1
]1
II
21
2]
21
21
21
21
21
21
2]
21
21
28
28
28
28
28
28
28
28
28
28
28
28
28
28
28
28
28
4]\1
28
419
28
419
28
419
28
419
· Assumes Fees are increased 4% each year
SAC
Fees
330
$1,296,480
$1,254,739
$1,304,929
330
:130
330
$1,357,126
--. .-
330
$~,41]
330
$1,467,867
330
_~1,526,582
330
$1 ,587,645
$1,651,151
330
330
.---.!I ,717,197
$1, 7~?,885
$2,358,234
330
419
419
, $2,45~,564
$2,55(),666
41\1
4]9
$2,652,693
419
$2,758,80 I
419
$2,8~~3
$2,9H.~~
.J1I03,27?
$3,227 ,406
419
419
419
419
$3,356,503"
$3,4\10,763
419
41'1
$3,630,393
419
$3,775,609
419
~3,926,633
$4,08},699
$4,247,047
.J>~,416, 929
41'1
419
$4,5~3,696
$4,777,350
._~4,968,4~4
$5,167,]82
WAC Trunk
Fees Sanitary
, $244,200
$253,968
$264,] 27
$27~,692
$285,67\1
~29~1 07
$308,991
$321,351
$334,205
$347,573
$361,476
$477,323
$496,4 16
$516,273
$536,\I~4
$558,~0 I
$580,737
, $60\966
$628,125
$653,250
$679,380
.--.J706,555.
$734,817
$764,210
$794,778
$826,56\1
-.- -
$859,632
$894,017
$438,960
$456,518
~474,779
$493,770
$513,521
$534,062
-.--,.'" ..
..1~5,424
$577,641
$~,00,7~7
$624,777
$64\1,768
$864,742
$899,332
$935,305
" $\172,717
"!!'.o 11 ,626
.--.J.' ,052,0'1.1
...!!..,,094, 175"
$1,137,942
..J.!.J83,45'1,
$1,230,798
JI,280,030
$1,33],23}
$1 ,~H4,480
$1,43'1,859
" $1,497,454
$1,557,352
~9,m .~!.,684,43~
$1,61\1,646
$966,96\1
$1,005,648.
$1,045,874
Trunk
Water
$388,~20
$403,749
._.!419,89':J..
$436,6'15
..-- ..
..1~.54, 162
$472,329
$49] ,222
~!9,871
.1,'U I ,306
$552,558
, $574,660.
$764,785,
.E~5,377
$827,192
$860,280
$894,6\11
$930,478
$967,697
~.o6,405
$1,046,662.
$1,088,528
$1, 1--,2,0~9
$.!..J.17,352
$1 ,224,446
$]}73,424
$1,324,361
$1,377.335
$] ,432,429
. ".----- ...-
$1,48?,72~
$1,75],,809 $1,549.315
$1,821,881 $],611,287
$] ,894,756 $1,675,739
V'1l
Population
]()278
I] 115
11952
1278'1
13804
14641
15478
]6315
17152
17989
18826
19663
20723
21783
22843
23903
24964
26024
27084
28144
29204
30265
31325
32385
33445
34505
35566
36626
37686
38746
3\1806
40867
41927
4014
TABLE 6
Sanitary Sewer Capital Improvement Plan (2005 Dollars) - see figure 5
.
Trunk Costs
Improvement (Oversizing and Overdepth
cost for Trunk Mains)
1) 2005 - 36-inch Southeast interceptor (Phase 1) 3,150,924
2) 2005 - Otter Creek lift station & force main (Phase 1) 716,819
W 2005 - (2) Bio-solids Mixers & Shop Bldg
3) 2005 - Meadow Oak Lift Station 1,560,540
4) 2005 ~ 12-inch Insignia trunk sewer extension 100,000
W 2005 - Skid Loader
5) 2006 - Hidden Forest lift station and force main. (Credit Developer) 389,000
W 2006 - Phase 1; Heat drying system.
W 2007 - Phase 2; expand the existing class B bio-solids process
6) 2007 - 30-inch Northwest trunk sanitary sewer (Phase 1) 1,310,000
7) 2008 - 12-inch Featherstone trunk sewer (Phase 2) 100,000
8) 2008 - Marvin Road lift station pump replacement to accommodate 265,000
increased capacity needs.
10) 2010 - 36-inch Southeast interceptor (Phase 2) 1,750,000
W 2010 - SBR Tank
11) 2011 - Insignia lift station and force main - require to serve the area 380,000
west of Insignia/Schluender development.
12) 2011 - River Street Trunk Main - Replace River Street sanitary 1,000,000
sewer, reroute Chestnut force main to connect to new River
Street trunk main, replace Chestnut lift station pumps.
13) 2012 - 12-inch YMCA Development trunk sewer 260,000
. 14) 2012 - Replace interceptor from Hart Blvd to WWTP 370,000
(24-inch to 48-inch)
15) 2012 - Otter Creek force main extension to the Southeast interceptor. 1,800,000
16) 2013 - 18-inch Northwest trunk sanitary sewer (Phase 2) 410,000
17) 2014 - 18-inch 85th Street NE trunk sewer 360,000
18) 2017 - Southeast area lift station and forcemain - required to serve 425,000
the area east of Meadow Oaks and south of 1-94.
19) 2020 - 36-inch Southeast interceptor (Phase 3) 1,600,000
W 2020 - SBR Tanks (2)
20) 2021 - 18-inch Southeast interceptor -lateral east (Phase 1) 560,000
21) 2024 - 18-inch Southeast interceptor - lateral west (Phase 1) 430,000
22) 2026 - 12-inch Southeast interceptor -lateral east (Phase 2) 630,000
23) 2027 - Long Lake lift station and force main - required to serve the 465,000
area on the east side of Long Lake.
WWTP Costs
560,000
14,000
4,000,000
3,250,000
2,042,050
6,000,000
Notes:
1. Costs are for budgeting purposes only, and are subject to change as projects are studied, designed, and
constructed.
2. Trunk main costs are assumed to be the oversizing cost above 8-inch.
3. Project Costs include 10% for contingency and 28% for indirect costs.
.
Figures
Trunk Fee Analysis
Sanitary Sewer, Storm Water, and Water System
City of Monticello
WSB Project No. 01494-05
J'L<()
.
TABLE 7
Water System Capital Improvement Plan (2005 Dollars) - seefigure 4
.
Improvement
1) 2005 - l6.inch Trunk Main to Water Tower (T-2)
3) 2005 - Elevated Water Tower (T-2) (1,000,000 gal)
4) 2005 - CSAH 75 l2-inch Looping CSAH 39 to Hart Blvd
5) 2005 - CSAH 18 Watermain Realignment
6) 2005 - Meadow Oak Avenue l2-inch Watermain Relocation
7) 2005 - l6-inch Chelsea Road Extension
8) 2006 - l6-inch Continuation of Savannah Drive
9) 2006. l2-inch trunk main-continuation ofCSAH 39 & 12
inch loop to Sunset Ponds (Credit Developer)
10) 2006 - l6-inch Chelsea Rd. extension to Tower No.3
11) 2007 - Booster Station No.1 Expansion
12) 2007 - 12~inch extension of Trunk Hwy. 25
13) 2010 ~ Well No.6
14) 2008 - 20-inch Connector Between Above l6-inch Extension
and 90th Street
15) 2012 - Reservoir Expansion No.1 (1,000,000 gal)
16) 2009 - l6-inch from 90th St. to Chelsea Rd. extension
17) 2010 - l6-inch 1-94 crossing loop to River Street
18) 2013 - Well No.7
19) 2012 - l2-inch connector between 90th St. and TrunkHwy. 25
20) 2013 - l2-inch main along Jason Ave. connecting to southern
portion of Carlisle Village
21) 2017 - T-3 (Elevated or Ground Storage)
22) 2014 - 20-inch connector to Chelsea Rd.
23) 2017-WellNo.8
24) 2014 - l6-inch main from Water Tower 2 to Trunk Hwy. 25
25) 2024 - Water Treatment Facility
26) 2024 - 24-inch trunk main to WTP
27) 2016 - 20-inch extension south along 90th St.
28) 2017 - l2-inch trunk main Northwest Service Area
29) 2021 - Well No.9
30) 2022 - Reservoir Expansion No.2
31) 2020 - 20-inch Fenning Avenue Extension
32) 2028 - Well No. 10
33) 2029 - Booster Station No.2
34) 2025 - l6-inch Loop Fenning Ave to Hwy 25
Trunk Costs
(Oversizing cost for Trunk Mains)
80,000
2,423,000
110,000
300,000
125,000
32,040
43,000
82,000
190,000
120,000
26,000
1,000,000
16,000
920,000
126,000
165,000
1,000,000
76,000
34,000
2,150,000
111,000
1,000,000
65,000
7,850,000
1,800,000
197,000
336,000
1,000,000
920,000
533,000
1,000,000
600,000
350,000
Notes:
1. Figures are taken from the 2004 Monticello Water System Plan.
2. Costs are for budgeting purposes only, and are subject to change as projects are studied, designed, and
constructed.
3. Trunk main costs are assumed to be the oversizing cost above 8-inch. In some commercial/industrial areas, the
actual oversizing cost will be that above l2-inch.
4. Project Costs include 10% for contingency and 28% for indirect costs.
.
Figures
Trunk Fee Analysis
Sanitary Sewer, Storm Water, and Water System
City of Monticello
WSB Project No. 01494-05
Ilq
.
Analysis of Trunk Fees assessed "per unit" vs. "per acre"
Hidden Forest/Sunset RidQe Sunset Ponds
171 acres * $2,228 facre = $380,988 94 acres * $2,228 lacre = $209,432
239 units * $743 lunit = $177,577 277 units * $743 lunit = $205,811
Spirit Hills Townhomes Spirit Hills Residential
16 acres * $2,228 lacre = $35,648 25 acres * $2,228 lacre = $55,700
92 units * $743 funit = $68,356 50 units * $743 funit = $37,150
HeritaQe Poplar Hills
890 acres * $2,228/acre = $1,982,920 230 acres * $2,228 lacre = $512,440
2598 units * $743 lunit = $1,930,314 448 units * $743 lunit = $332,864
Featherstone Carlisle Villaae
150 acres * $2,228 lacre = $334,200 78 acres * $2,228 lacre = $173,784
297 units * $743 funit = $220,671 236 units * $743 lunit = $175,348
Hunters CrossinQ Parkside at Meadow Oaks
94 acres * $2,228 facre = $209,432 21 acres * $2,228 lacre = $46,788
253 units * $743 lunit = $187,979 43 units * $743 lunit = $31,949
Per unit trunk fee based on 3 units per acre
.
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.4.
A.
.
.
Consideration of review of items relatinl! to Hidden Forest Subdivision pertaininl! to site
l!radin~ and utilitv improvements. finance plan and utility pipe desi~n.
REFERENCE AND BACKGROUND
City Council is asked to review topics relating to the Hidden Forest subdivision and provide direction
accordingly. 'rhe three major areas that stall and the developer need direction on include establishment
of the finance plan supporting the utility system, consideration of the use of HDPE pipe for sanitary
sewer and water, and consideration of issuing a grading permit and utility construction permit allowing
construction of the development to commence.
HDPE Pipe
See the attached report 1[om Bret Weiss and other information fronl the developer for detailed
information on this topic. Although not permitted under our current design standards, this type of pipe
is being used more frequently for these types of installations. The savings for the developer associated
with HDPE pipe installation in this case could be significant. The question is whether the use of this
type of pipe create a long term maintenance concern for the City. If the Council desires, the design
could allow for either pipe type and installation method and utilize an alternate bid process.
Issuance of a Grading Permit/Utility Installation
The developer has requested issuance of a grading permit and permission to install utilities at a time
earlier than normally allowed under the development process. The developer's desire is to commence
construction this hlll so that homes can be built over the winter months in preparation for the spring
home preview. City staff is not authorized to issue a grading permit or grant permission to install utility
systems given the current stage of development.
It is not unusual for a developer to obtain a grading permit prior to approval of the final plat and
development agreement, when there are very few uncertainties relating to a project. Council is asked
to determine if it is acceptable to issue a grading permit and or utility installation permission at this time.
Following are items from WSB's memo outlining items that would prohibit staiI from issuing
construction permits without Counci I authorization.
.
It would be late in the season to begin grading. The developer has not indicated what erosion
measures will be implemented due to lack of available turf establishment.
Pond overflow options need to be evaluated due to lack of an outlet.
There are pond design/lining and turf establishment issues.
Street/Utility Installation Plans are not yet approved. It is critical to have an overall design in
place to know proper elevation and size of utilities.
Related to above Street/Utility Plans, the project needs acceptable size and depth of utilities to
serve adjacent properties.
.
.
I () d
.
.
B.
.
.
Developer needs to provide a schedule showing how and when the improvements can be
completed. Model home construction should not commence without paved streets.
The developer will need to provide written verification from the Wright County Board to build
in this area prior to construction of an outlet. This property is in Ditch 33.
Agreements between property owners/developers Woolston and Pauman regarding joint
funding, and acquisition of necessary easements from Woolston allowing completion of utility
system are not yet in place
Developer/City need to estimate full cost of the outlet improvement and have funds in place to
construct the outlet in 2006
Agreement on finance plan relating to trunk fee expenses and credits has not been completed.
Annexation of the parcel has not yet occured. This means that Wright County must issue the
grading permit. In the past, the County has issued grading permits for land areas that will soon
become part of the city if so approved by the City.
Development of site utilities has never occurred in the past until completion of the final plat and
until thc plans have been approved by the City Engineer. In addition, all utilities need to be in
place along with all financial securities relating to the utility development.
.
.
.
.
.
.
Financing Issues
Prior to issuing a grading permit, there needs to be agreement on the underlying finance plan of a
development. For Hidden Forest, it is proposed that the developer will pay the full cost to get sanitary,
water and storm sewer service to the site. The total cost is estimated at $1,281,000. In exchange for
funding the extension of services to the site, the developer will get a credit of $870,700 against the total
trunk fee of $1 ,521 ,400. A trunk fee amount of $650,700 would not be credited and would be paid
by the developer into the trunk fund. The $870,700 credit would be provided as a reduction in the
assessment against lots developed in later stages of the project. Please note that the developer is
requesting an additional credit for costs paid to construct the storm sewer.
This project is being constructed ahead of the presence of City utilities, therefore it is not recommended
that the developer get full credit against his cost of developing utilities. The developer bel ieves that the
credit should be larger, but does not object to receiving the credit during later stages of development.
Council is asked to review the trunk funding program and provide direction. The developer requests
that the City provide credits greater than $870,700 to otTset costs. Again, there is concern about
granting too much in credit, due to the f~lct that the City needs to maintain a supply of funds to repay
debt against projects already completed. For every home built at rlidden Forest that would have
otherwise been built in another development, the City will have less capacity to service existing
infrastructure debt.
ALT~:RNA TIVE ACTIONS
Decision 1
) ~ 3
.
.c.
Motion to authorize the City Engineer to include HOPE pipe as an alternative for both sewer and water
applications.
Motion to deny authorization to the City EngineI' to include HDPE Pipe as an alternative for both sewer
and water applications.
Decision 2
Motion to authorize staff to issue grading and utility development permits subject to completion of
conditions identified by the City Council.
Motion to deny authorization to issue grading and or utility permits at this time.
Decision 3
Motion to direct staff to prepare development agreement based on providing a credit against trunk fees
ranging from full credit $1,207,400 to a credit of $870,700.
Motion to table matter pending further discussion.
1
,,;;
STAFF RECOMMENDATION
This is a very complex project that is now starting to come together and stafr truly supports efforts to
accommodate the developer's schedule. However, we do have concerns about moving f()fward
without the standard steps completed.
D. SUPPORTING DATA
.
1. WSB Report
2. Email Information from Developer
2. Letter regarding Final Plat and Grading Permit
3. Petition to Wright County regarding Ditch 33
4. Ditch 33 Agreement with Wright County
5. Finance Plan - Trunk Improvement and Area Charges
( 7.) L)
SEP-21-2005 15:55
WSB & RSSOCIRTES
7635411 700
P.02
.
.
.
Memorandum
To
Jeff O'Neill
Deputy City Administrator
City of Monticello
From:
Bret A. Weiss, P.E.
President
Date:
September 21, 2005
Re:
Developers Agreement & Project Issues
Hidden Forest/Sunset Ridge
City Project #200S-03C
WSB Project #1627-00
This memo is intended to address development and finance related issues for the above referenced
project as necessary to initiate phase 1 of the Hidden Forest development. As you are aware, this
project involves many unique development issues along with two independent developers. While
we understand the lateness of the construction season and the desire of the Hidden Forest developer
to start construction activities, we do reconunend that the developers agreement and securities are
in place prior to initiating grading activities. This memo includes many of the related issues that
should be addressed along with a sUlmnary of the proposed trunk. fees.
Hidden Forest
Grading Plan
. How much should be opened up in 'OS? What specific erosion control measures will be
implemented due to lack of available turf establishment?
. Pond overflow options need to be evaluated due to the lack of an outlet.
. Consider limiting grading to north of 98th North Street in 2005 to minimize potential
erosion issues.
. Pond design/lining and turf establishment issues.
. Street Utility Installation - we need to have the overall design in place to know proper
elevation and sizes of utilities.
. This development shall provide acceptable size and depth of utilities to serve anticipated
adjacent properties that will be developed in the future.
I~r;
.
.
.
SEP-21-2005 15:56
WSB & ASSOCIATES
7635411700
P.03
· The developer should provide the City a schedule of construction activities to show how
and when the improvements can be completed. Model home construction should not
commence without paved full streets. The City should not assume emergency, fire or
medical responsibility for the site until streets and utilities are available and useable.
Final Plat
· The pond in Outlet A should be revised to be within the lots as an easement and not as a
separate outlet.
. Is the Outlet B width adequate for utility easement based on pipe depth and for acceptable
entrance drive?
· The proposed entrance island is very narrow and does not serve much of a purpose.
Consider removing this and building a monument on the side of the right of way, prior to
the outlet.
. Need to verify access options and size of proposed lift station site.
Ditch 33
· Verify with the County board the ability to build in this area prior to the outlet construction.
(see item 3 of the County board stipulation - this area is n the Ditch 33 water shed.)
. Need to estimate full cost of the improvement and have the funds in place to construct the
outlet in 2006.
. Estimate the value of the wetland restoration and have funds in place.
. Repair the existing inlet to ditch 33 in 2005 (Pauman agreed at the County board meeting).
. Secure Beigler drainage easement.
If the developer is allowed to construct the streets and utilities prior to the construction of the D33
outlet under CSAH 39, the new proposed street entrance will be removed during the outlet
construction project. This will limit access to the development and may involve utility and street
reconstruction of the developer improvements.
Financine Issues:
Trunk Fees
Trunk fee calculations have been estimated for both the Sunset Ridge (Woolston) and the Hidden
Forest (Pauman) sites. The fees, using 2005 rates, and the discussed credits are estimated as
follows: Uv.!\ 1L[e.~+
Trunk Fee
Sanitary Sewer
SE Area Sanitary Impro ements
Watermain -
Storm Sewer
2005 Rate
$388,700
$314,000
$305,700
$513.000
$1,521,400
ProDosed Credit
$388,700
$0
$82,000
$400.000
$870,700
Balance
$0
$314,000
$223,700
$113.000
$650,700
I~~
H:\Form. Me",o 10 MOIll/ceUo. JriffO'NeiU 092 JQS.doc
SEP-21-2005 15:56
WSB & RSSOCIATES
7635411700
P.04
. In addition, the developer is responsible to pay the full cost to extend sanitary sewer and water main
to and through the site. This will involve the installation of two lift stations and the installation of a
forcemain and looped watermain along CSAH 39.
The finance agreement will need to specify if the City is agreeing to a fixed amount for the credits,
with the trunk fee increased to the current rates at the time the property is final platted.
The developer has requested that the City modify its design criteria to allow the use of HDPE pipe
for forcemain and watermain installations. While we understand that this pipe is being used more
frequently for these types of installations, the City has primarily used ductile iron pipe for these
projects. The design has been authorized by the City Council and will be completed upon the
developer providing the necessary design deposit. If the design requires the use of directional
drilling installation, the pipe material will be HDPE. If possible, the City would prefer to install the
watermain using ductile iron pipe in an open cut installation method. If the Council desires, the
design could incorporate both methods and utilize an alternate bid process.
It Llllikely that the utilities and specifically the lift station will not be operational until the spring of
2006. The City should not provide for any occupancy until the public utilities are in place, tested
and accepted by the City.
.
Park Dedication
It may make sense to secure the funds necessary to complete the park and boardwalk improvements
with the first phase.
Summary
As is apparent, there are many issues that must be addressed to effectively move this project
forward. While we previously discussed with the developer the ability to start construction in
2005, the preliminary schedule is now more than 1.5 months behind schedule. This will require
cooperation with a number of public and private partners.
We are available to assist you with this project and will await your authorization to move forward
upon receipt of the developer deposit. Please call me at 763-287-7190 with any questions
regarding this memo.
BAW/ad
cc:
.
181
I/;IFol'''' - Memo In MnnliceU" - JeJJ"O'/k1/l 092105.d(/('
.
September 21 , 2005
To Whom It May Concern:
These are just a few cities that are currently using HOPE on water and sanitary lines.
They have bcen inf()l"med of this issue and are willing to answer questions. Plcase feel
free to contact them.
.
LJ of M
Michael Denny
Vice President
Rogcr Wenger
P.E. Projcct Mgr
Dave Losicr
P.E. Senior Engineer
Direct: (612) 626-4944
Otlice: (612) 626-1613
Office: (612) 626-4646
Direct: (612) 685-4903
City of Eden Prairie
AI Gray Direct: (952) 949-8300
Senior Engineer
City of Plymouth
Ron Quanbcck
Senior Engineer
(763) 509-5000
City of Maple Groye
Ken Ashfcld
Engineering
(763) 494-6351
City of Duluth
Dick Larson
Public Works Dir.
Mike Mctso
City Engincer
(218) 730-5200
.
City of Austin
Todd Jorgenson
(507) 433-8886
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September 141\ 2005
MONTlCELW
Brad Paumen
Pau1l1cn Properties
7750 County Road 37 NW
Maple Lake, MN 55358
RE: Final Plat Application and Grading Permit for the Plat of Hidden Forest
Dear Mr. Paumen:
Tbe City has received your application for final plat, and] am aware that you will soon be requesting a
grading permit. This letter is to let you know that additional information/documentation needs to be
assembled before consideration ofthe final plat can be placed on the City Council agenda.
.
Also, although we have discussed the possibility of granting a grading permit for the site, please
recognize that there are a number of issues that present obstacles to direct staff approval of the grading
permit at this time. It is our view that approval of the grading permit can not be issued at this time
without direct City Council authorization.
FINAL PLAT
In a standard final plat process, the following items arc required prior to the placement of the final plat on
the City Council agenda:
.
· Revised preliminary plat document meeting all conditions of approvaL which were as follows:
o The applicant will need to receive access approval onto CSAH 39 from Wright County.
o A park dedication requirement as set by City resolution is recorded with the development
contract to be approved with the final plat, based on the phasing of park dedication.
o The applicant redesigns the plat to remove the 5 lots to the east of "Street A" at this time.
Arrangement of those lots to be included in a future phase of development for Outlot D.
o The applicant meets the requirements of the City Engineer's repoli, dated 6/]/05.
· Construction cost estimates provided by the developer in order to determine securities/deposits
and complete a draft finance plan
· Agreement by City staff and the developer on the terms of the finance plan to be contained within
the development agreement
o Development agreement to contain information related to utility easements needed on the
Woolston property
o Development agreement/finance plan wi II outl ine the terms of all trunk utility
improvements, funding and credits.
o Assurances that suppoliing utilities can be constructed to serve the development
o Other information specific to the development and plat approval
· Review offinal plat by city staff for conformance to preliminary plat
· Reconciliation of preliminary plat review expenses against deposits
· Approval of annexation request Illllst occur prior to Council approval oflhe plat. Plat cannot be
recorded until stale processes request.
Monticello City Hall, 505 Walnut Street, Suite 1, Monticello, MN 55362-883] . (763) 295-271] . Fax: (763) 295-4404
Office of Public Works, 909 Golf Course Rd., Monticel]o, MN 55362' (763) 295-3] 70. Fax: (763) 27] -3272 J q 0
.
These requirements are supported by Chapter 11-3-3 (A) of the Monticello Subdivision Ordinance.
Idcally, approval of the final plat should be set to coincide with awarding of the utility projects designed
to serve the site. '1'he water, sewer and storm water projects associatcd with this project are 110t likely to
be ordered any sooner thal1mid November.
GRADING PERMIT
It has been City policy to grant staff the authority to issue a grading permit for projects at a stage prior to
final plat, but only under limitcd circumstances. Typically, grading is allowed when there are no
uncertainties relating to the project. Following arc tasks that staff believes need to be completed before
issuance of a grading permit.
· Construction-level grading plan approved
· Appropriate securities in place ($3000 per acre to be graded)
· Agreements or contracts in place providing for extension of utilities
· Insta Ilation of pond outlet
· Preliminary approval of development finance plan
· Approval hom County indicating that grading of this site is consistent with recent Ditch 33
agreement
· Acquisition of necessary easements through the Woolston property
· Acquisition of g:rading: permit from Wrig:ht County, as this property has not been annexed to the
City. Please note that the County Planning Depal1ment has issued grading permits in the past for
land that will be annexed to the City, when it has been demonstrated that an approved grading
plan is in place and a restoration deposit has been provided.
.
It is our view that issuance of a grading permit without all of the items completed above would require
action by the City Council and could not be authorized by staff If you wish, we can place this item on
the agenda for September 26111.
In summary, application for final plat will be placed on the Council agenda at such time that the items
noted above arc completed. With regards to the grading permit, staff will issue the grading permit at slleh
time that unceliainties relating to the project are resolved, or when directed to do so by the City Council.
The nature and location of this development make it critical that the complete financial and development
picture of this project is understood before moving forward.
Please note that City staff are supportive of this project and we appreciate the hard work you have put into
making it work. We will work diligently in our effOlis to assist you in meeting the requirements noted
above. Please do not hesitate to contact me directly with any questions or comments.
Sincerely, .
J~~~
Deputy City Administrator
C:
Jon Bogart, Bogart-Pederson
Rick Wolfsteller, City Administrator
Mayor Clint Herbst
Wayne Mayer, Monticello City Council
Tom Perrault, Monticello City COLlncil
Glen Posusta, Monticello City Council
Brian Stumpf, Monticello City Council
Stephen Grittl11an, NAC - City Planner
Bret Weiss, WSB - Consulting Engineer
.
I q \
.
.
.
SEP-21-2005 15:57
WSB & ASSOCIATES
7635411700
P.07
IN RE: A PETITION BY THE C1TY OF MONTICELLO
TO OUTLET STORM WATER INTO COUNTY DITCH 33
The above mentioned matter was considered by the Wright County Board of Commissioners
(County Board), as drainage authority for County Ditch 33, at a public hearing held on August
16. 2005, with continued discussion by the Board at its meeting on September 6, 2005. The
petition concerns a development known as Carlisle Village. located in Section 19 of Monticello
Township (T.121N: - R.24W.). Based upon the information provided by the City of Monticello
(City), and upon other information available. the County Board makes the following
FINDINGS:
1) That this matter has properly come before the County Board pursuant to
Minnesota Statutes, Section 1 03E.411. with notice provided by publication three
consecutive weeks in the Monticello Times. as well as mailed notice to all
assessed landowners on the ditch.
2) That the City has shown the necessity for using the drainage system as an outlet
and that using the drainage system will be of public benefit and utility.
3) That the area in question is part of the natural watershed for County Ditch 33 and
has always drained to the ditch.
4)
That the City is diverting storm water from a portion of the development to its
existing municipal storm water system, specifically reducing the number of acres
draining to the ditch from 125.85 acres to only 52.68 acres and reducing the
volume of water going to ~e ditch.
5) That, through the use of stonn water ponding, the City will be lowering the
discharge rate from this area to below pre-development levels.
6) That the City appears to have satisfied MPCA and NPDES regulations in
designing the storm water system for this development.
7) That, based upon a study by the City, the water from this area enters Branch 2 of
County Ditch 33 and will not have an adverse effect on other areas of the ditch.
8) That the City has set aside approximately $167,000, paid by the developer, to be
used for storm water purposes by the City.
9) That, while the City could, through the use of a pumping station. divert all of the
storm water from the development so that it would not use the ditch, the storm
water funds set aside could be better used by otherwise improving the drainage
system in the area.
\q~
SEP-21-2005 15:57
WSB & ASSOCIATES
7635411 700
P.06
.
Thank you for your cooperation, as well as the cooperation of your associate, Phil Elkin, and the City of
Monticello in dealing with this matter. I think that a good start has been made toward solving some of the
drainage problems in the County Ditch 33 Watershed.
BJA:cjh
cc: Bob Hiivala
Kurt Deter
Phillip A. Elkin, P .A.
Kerry Saxton
Jeff O'Neill
Dick Nonnan
.
.
1C\3
SEP-21-2005 15:56
.
~,aTY 0.,..
fJ()~
,.. '\
:r ~~~ .
\_1
." 4'"
'a..
A.sutant.
Anne L. Mohaupt
Thomas C. Zms
Terry D. I'razur
Scott M. Saru:lbfrg
Mork A. Ericluon
Eliza.beth M. Lor,on
Brian A Lulu
Aaron D. Duia
lAe R. Mortie
Karen L. Wolff
Ryon C. Schmidt
September 19, 2005
WSB & ASSOCIATES
7635411700
P.05
OFFICE OF
WRIGHT COUNTY ATTORNEY
Thomas N. Kelly ReceiVed
Wright County Government Center (r""!"" ;',0 Z005 Brian J. Asleson
10 2nd Street NW Chief Deputy AttorneJl
Buffalo, Minnesota 55313.1189. . tl! O..^~t'OC\mdit~:ator
VJ~o ~ n<1~ at~Pa.riPOllich
Phone: (763) 682-7340 .,~. l .
Toll Free: 1-800-362-3667 Fax: (763) 682-7700 B~;:.~-:=;
Legal A..istanl
Michelle Son4qui,t
Office Malf,ap,.
Cindy Hohl
Mr. Bret A. Weiss, P .E.
President
WSB and Associates, Inc.
701 Xenia Avenue S.
Suite 300
Minneapolis, ~ 55416
.
Re: Petition to Outlet Storm Water into County Ditch 33
Dear Mr. Weiss:
Enclosed please find a copy of the Findings and Order adopted by the Wright County Board of
Commissioners on September 13, 2005, regarding the Petition by the City of Monticello to outlet stonn
water from the Carlisle Village Development into County Ditch 33.
This final Order contains several small changes suggested at the Board meeting of September 6th, and
Finding #11 was added at the suggestion of Kerry Saxton of the Wright SWCD.
Last, but not least, the amount which the City of Monticello is to reimburse Wright County pursuant to
paragraph 5D of the Order is $2,474.80, broken down as follows:
.
$244.48
$124.32
$2.106.00
$2,474.80
Publication of Public Hearing Notice
Postage for mailing of two notices to landowners on the ditch
Legal fees paid to Rinke Noonan Law Firm
Total
Payment can be made by issuing a check payable to the Wright County Auditor/Treasurer in the amount
indicated above. That amount will be placed in the Ditch account for Ditch 33.
\. C\ L\
SEP-21-2005 15;57
WSB & RSSOCIRTES
7635411700
P.08
.
10) That, because of further planned residential development on County Ditch 33, the
City expects to be constructing a new 48 inch outlet to the Mississippi River,
along with additional impoundment of water in the area of the ditch, both of
which would benefit the area of Carlisle Village, as well as other areas on the
ditch.
11) That the County Board recognizes that the area of Carlisle Village drains into a
wetland to the north of CSAH 18, and that keeping a portion of this development
in the watershed for County Ditch 33 will help keep that wetland complex viable.
Based upon the above fmdings, IT IS HEREBY ORDERED:
That .he City of Monticello shall be permitted to use CouDty Ditch 33 as an outlet
for municipal storm water from the Carlisle Village development, with the following
conditions attached:
1) That the $167,000 set aside from the Carlisle Village development shall be used
by the City towards construction of a new storm water outlet, not less than 48
inches in size, to the Missi~sippi River.
2) That, as an alternative to Condition 1 above, the City shall use the $167,000 set
aside for enhancement or correction of the existing outlet to the Mississippi River
for County Ditch 33. Any such work shall be approved by the County Board.
.
~ 3)
That any new outlet to the river shall be completed by the City prior to any
additional residential development in the County Ditch 33 watershed (other than
Carlisle Village).
4) That, in any event, either Condition 1 or Condition 2 above shall be satisfied no
later than three (3) years from the date of this approval by the County Board.
Should the City default on this condition, the money in Condition 1 shall be paid
over to the County for deposit in the County Ditch 33 fund.
5) That the City shall not be assessed an outlet fee, nor shall it be assessed for future
repairs on the ditch, due to the following factors:
A) The City will be contributing to either construction of a new olltlet to the
river or enhancement of the current outlet, pursuant to Conditions I and 2
above.
B) The City, in the event of construction of a new outlet to the river, will be
spending an estimated $200,000 to oversize that outlet so that it can handle
the County Ditch 33 watershed.
C)
That, with respect to the new outlet and any future storm water work done
by the City in the area, tlle City will be responsible for the repair and
maintenance of that system, with no costs assessed to other landowners on
County Ditch 33, unless such landowners further subdivide their property.
.
\ C\S
SEP-21-2005 15:58
WSB & ASSOCIATES
7635411700
P.09
".
.
D)
That the City shall reimburse Wright County for administrative and
publication costs and legal fees relating to this petition.
SO ORDERED
This -13~ day of~, 2005.
:/J /$~
~ Wright County Board of Commissioners
Drainage Authority for COWlty Ditch 33
.
.
\ q to
TOTAL P.09
.
.
.
\ (1'1
.
.
.
15.
Council Agenda - 9/12/05
Consideration of an ordinance establishing: a policy relatine to outside employment for
certain city employees. (R W)
A. REFERENCE AND BACKGROUND:
At the September 12th council meeting, the issue of a general city policy relating to outside
emploYment was referred to the Personnel Committee for discussion. The Committee recently
met to discuss this issue and staff was directed to have the City Attorney prepare the attached
ordinance amendment to the Personnel Chapter of the City Code. The proposed ordinance sets
forth a general policy which would restrict certain administrative level employees listed from
performing the same or substantially similar duties for another city or other local government
unit on an ongoing full or part-time basis.
~
The proposed ordinance as prepared by the City Attorney contains findings which set forth the
general reasons for the policy. Recognizing that adoption of the ordinance as prepared could
have an effect on current employees in the positions noted, the Council should carefully review
the entire ordinance and determine whether adoption of this policy is in the best interest of the
City. If the Council adopts the ordinance, it will need to decide when the policy would go into
effect relative to current employees. If adopted, it is the recommendation of the City Attorney
and the City Administrator that the effective date of the ordinance as it relates to current
employees be no sooner than December 31, 2005.
This ordinance involves a general policy that will apply across the board to all listed top level
positions. The Council should focus its discussion on the general policy and the findings
outlined in the proposed ordinance. If additional findings are warranted, they can be added to the
proposed policy before adoption is considered.
B. ALTERNATIVE ACTIONS:
C.
D.
1. Adopt a policy amendment regulating outside emplOYment for certain city employees as
presented.
2. Council could adopt a policy amendment as modified.
3. Do not adopt a policy restricting outside emplOYment for certain city employees at this
time.
STAFF RECOMMENDATION:
It is the recommendation of the Personnel Committee that the City Council adopt an ordinance
regulating certain employees from outside emplOYment activities as outlined in the ordinance
created by the City Attorney. If a policy is adopted, it is recommended that a sufficient amount
of time be included in the policy as to when this ordinance would be applicable to current
employees who may be affected by this restriction.
SUPPORTING DATA:
Copy of proposed ordinance from City Attorney.
lC\8
.
.
.
ORDINANCE NO.
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE ESTABLISHING A POLICY RELATING
TO OUTSIDE EMPLOYMENT FOR CERTAIN CITY
EMPLOYEES, AMENDING CHAPTER 6 OF THE
MONTICELLO CITY CODE
THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS:
Section 1.
Findings. The City Council makes the following findings:
1. -rhere are certain positions with the City that require the employee occupying the
position to provide substantial input into the formation of the City's policies and administrative
procedures, exercise professional judgment and discretion in the performance of his or her
duties, and have significant day to day contact with the general public, development community,
and individuals doing business with the City. Those positions are: City Administrator, Deputy
City Administrator, Community Development Director, Economic Development Director, Public
Works Director, Chief Building Official and City Engineer.
) It is in the best interest of the City and the citizens of Monticello, and within the
reasonable expectation of the City as an employer, that the persons occupying such positions
have as their professional focus on an ongoing day to day basis the performance of their duties
for the City of Monticello.
3. Person occupying the listed positions should not be performing the same or
substantially similar duties on an ongoing basis for another local governmental unit.
4. The perf'(mnance of essentially the same duties for another local governmental
unit has a significant potential to detract from the employee's focus on the performance of his or
her duties t'()r the City of Monticello, cause conf1icts of various types to occur and create
confusion and negative perceptions in the minds of the public, development community, and
individuals doing business with the City.
5. It is not the intent of the City Council to in any way restrict an employee
occupying one of the I isted positions from engaging in any activity on the employee's own time
not involving the performance of the same or substantially similar duties for another local
governmental unit.
6. It is also not the intent of the Council to restrict an employee from pert'()rming the
same or substantially similar duties for another local governmental unit on an occasional, one-
time basis. It is the continuous ongoing performance of the same or similar duties that creates
the concerns set forth herein.
1201\51
~/\
1 q c\
~~~
.
.
.
Section 2.
subsection:
Chapter 6 of the Monticello City Code is amended by adding the following
1-6-33 OUTSIDE EMPLOYMENT: Any employee holding one ol'the positions listed
below shall not perform the same or substantially similar duties for another
local unit of government on either a full-time or ongoing part-time basis, either
directly as an employee or independent contractor or indirectly through a
corporation or other entity. 'l'he positions covered by this subsection are: City
Administrator, Deputy City Administrator, Community Development Director,
Economic Development Director, Public Works Director, Chief Building
Official and City Engineer.
Section 3. Effective Date. This Ordinance shall be effective upon its passage and
puhlication, except that this Ordinance will not be applicable to current employees until
rl -}{-,(j'; , who shall have until that date to comply.
Adopted by the City Council of Monticello, Minnesota on the_~ day of
,....._, 2005.
Clint Herbst, Mayor
ATTEST:
-...
Rick Wolfsteller, City Administrator
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