City Council Agenda Packet 11-10-2008AGENDA
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday November 10, 2008 - 7 p.m.
NOTE: Special meetings: Natural Resources Inventory 5 p.m. to 6:30 p.m.;
City Administrator Review 6:30 p.m. to 7 p.m.
Mayor: Clint Herbst
Council Members: Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski
1. Call to Order and Pledge of Allegiance
2A. Approve minutes of October 27, 2008 Regular Meeting.
2B. Approve minutes of November 3, 2008 Special Meeting.
3. Consideration of adding items to the agenda.
4. Citizen comments, petitions, requests and concerns.
A. Presentation of matching grant from Centerpoint Energy to the Monticello
Fire Department to go towards two multi-gas detectors.
5. Consent Agenda:
A. Consideration of ratifying hires and departures MCC, Liquor and Water
Department.
B. Consideration of approving a one day charitable gambling license for the
Monticello Chamber of Commerce on December 1, 2008.
C. Consideration of renewal of two year assessor contract with Wright
County.
D. REMOVED FROM AGENDA.
E. Consideration to approve the reapportionment of assessments associated
with the approved request for Simple Subdivision for Otter Creek
Crossing, Outlot C & D and approve waiver of surety bond for said
assessments.
F. Consideration to call for a public hearing for the vacation of a portion of
Highway 25/Cedar Street Right of Way.
Agenda
Monticello City Council
November 10, 2008
Page Two
6. Consideration of items removed from the consent agenda for discussion.
7. Public hearing on assessments for the improvements to Jerry Liefert Drive and Kevin
Longley Drive, City Project No. 2008-1OC.
8. Public hearing on vacation of a portion of Territorial Road.
9. Canvass results of 2008 General Election.
10. Consideration of authorizing preparation of plans and specifications for North
Frontage Road adjacent to I-94 overpass, City Project No. 2008-19C.
11. Consideration to review for discussion and comment the construction of a
permitted use structure in an I-2 District.
12. Consideration to approve Memorandum of Understanding to purchase YMCA
property by City and County for development of Bertram Chain of Lakes Property.
13. Consideration of approving payment of bills for November, 2008.
14. Adjourn
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Council Minutes: October 27, 2008
MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday October 27, 2008 - 7 p.m.
Members Present: Clint Herbst. Wayne Mayer, Tom Perrault, Brian Stumpf and Susie
Wojchouski.
Members Absent: None
1. Call to Order and Pledge of Allegiance
Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The
Pledge of Allegiance was said.
2A. Approve minutes of October 13, 2008 Special Meeting.
TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE OCTOBER 13, 2008
SPECIAL MEEETING. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
2B. Approve minutes of October 13, 2008 Special Meeting -River Street.
Brian Stumpf said contrary to what was reported he was not in agreement to open River Street
with signalization. He is opposed to any signalization of the intersection.
SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE OCTOBER 13,
2008 SPECIAL MEETING ON RIVER STREET. TOM PERRAULT SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
2C. Approve minutes of October 13.2008 Regular Meeting.
Tom Perrault noted in the discussion of building permits and standards under "Added Items"
that it is state statute that the resident is required to provide a ladder for the inspector to use in
inspections and not the contractor as the minutes indicated.
TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE OCTOBER 13, 2008
REGULAR MEETING. WITH THE CORRECTION NOTED. WAYNE MAYER
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
3. Consideration of adding items to the agenda.
Discussion of the fall leaf pickup was added to the agenda. Susie Wojchouski asked that item
#12 relating to the management of the swan population be moved up on the agenda. Jeff
O'Neill stated that item #10 on the acquisition of property for the Bertram Chain of Lakes
project should be tabled.
Council Minutes: October 27, 2008
4. Citizen comments, petitions, requests and concerns.
Jay Morrell, 10054 Ickler Avenue spoke to the Council regarding the fiber optic projects that
are taking place in the city. He stated although he lives outside the city limits he does own
property within the city. Mr. Morrell reminded the Council that as leaders of the community
they have a fiscal responsibility to the residents of Monticello. With both the City and TDS
installing fiber optic systems within the City he felt there was an opportunity for them to work
together to provide this service to the residents in the most cost effective way. The action of
the Council can influence the cost of the project and where the lines are being placed. He
believed that instead of operating two systems the City and TDS should negotiate on the
providing the service. He added that two competing systems split the market which he felt
was not good for the City or for TDS. Areas where he felt negotiation would be beneficial
included rates; upgrades and lease and/or purchase of equipment and buildings. Jay Morrell
cited the negotiations that brought the NSP power plant into the city limits as an example of
how negotiation had benefitted both the City and the Township. He added that egos and past
grudges get in the way of negotiations. If negotiation doesn't prove helpful the City can at
least say they attempted negotiation.
Jay Morrell also brought up the fund for the City's fiber optic project and asked what would
happen if the City defaulted on the bonds.
Clint Herbst responded that because the bonds for the fiber optic project were revenue bonds,
the revenue from the operation of the fiber optic system would be used to pay them off. He
felt the impact of any default on the bonds would be minimal for the taxpayers of the city.
Clint Herbst went on to say that the City has extended an offer to TDS to work on issues
relating to the fiber optic projects but TDS has not responded to the offer. TDS had sent out
many mailings relating to the fiber optics but never specifically stated they were going to be
installing fiber optics until the time City came up with their project. He talked about how the
City had to stand up to telecommunication firms and tell them that the City can't be falling
behind in because the utility companies don't want to invest in the technology. Clint Herbst
said if TDS wants to negotiate the City is willing to do so. Wayne Mayer added that even if
the City wants to do some negotiating they couldn't until the 30 day appeal process is over.
Jay Morrell commented that it takes a big man to extend his hand. Even though the City won
the court decision he felt they should explore the possibility of negotiating. He agreed that
both parties have to come to the table with ideas on resolving the issues. As a taxpayer he felt
the City should pursue all the avenues in looking at this matter.
Dan Lemm, 11380 Cameron Avenue commented on the fiber optics as well stating that TDS
is not a private enterprise but a utility company adding that because TDS had the market
cornered no other telecommunication firm could come into the City.
5. Consent Agenda:
A. Consideration of ratifying hires and departures MCC and Building.
Recommendation: Ratify the hires and departures as identified.
2
Council Minutes: October 27, 2008
B. Consideration of accepting preliminary assessment rolls for Kevin Longley Drive and
Jerry Liefert Drive Street Improvements, City Project No. 2008-IOC and calling for a
public hearing. Recommendation: Accept the preliminary assessment rolls for City
Project No. 2008-IOC, Kevin Longley and Jerry Liefert Drive Improvements and set
the public hearing for November 10, 2008. Res. # 2008-87.
C. Consideration of approving renewal of charitable gambling license for Monticello
Youth Hockey. Recommendation: Adopt resolutions authorizing the State Gambling
Control Board to renew the charitable gambling license to Monticello Youth Program,
Inc. for charitable gambling activities at Hawks Sports Bar and Grill and the
Monticello Country Club. Res. #2008-85 and Res. #2008-86.
D. Consideration of acceptance of third quarter financial report for the City.
Recommendation: Accept the 3'~ quarter financial status report.
E. Consideration of calling for a public hearing to vacate a portion of Territorial Road.
Recommendation: Move to call for a public hearing on November 10, 2008 to vacate
a portion of Territorial Road.
F. Consideration of an Identity Theft Prevention Program. Recommendation: Approve
the City of Monticello's Identity Theft Prevention Program.
G. Consideration to review and respond to a request to waive ordinance requirements
regulating public nuisances. Recommendation: Move to deny waiver of ordinance
requirements regulating compliance with Section 1 of Chapter 7-1 of the Public
Nuisance Ordinance based on a finding that the ordinance provides for a consistent
method of maintaining vacant properties and serves the public purpose.
H. Consideration of alternatives leading to resolution of Lunsten/Posustafand issues.
Recommendation: Move to authorize settlement payment in the amount of $10,000
to Glen Posusta to settle claims relating to City action that complicated and added cost
associated with disposition of vacated right of way located directly adjacent to the
Posusta parcel with the payment being conditioned upon receipt of a release and quit
claim deed from Glen Posusta and his spouse.
Wayne Mayer pulled items #SC, #SG and #SH from the consent agenda.
BRIAN STUMPF APPROVED THE CONSENT AGENDA WITH THE REMOVAL OF
ITEMS #SC, #SG AND #SH AND WITH AGENDA ITEM #10 BEING TABLED. TOM
PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
6. Consideration of items removed from the consent agenda for discussion.
#SC Renewal of charitable gambling license for Monticello Youth Program: Wayne Mayer
stated he pulled this item so he could thank the Monticello Youth Program for getting their
paperwork to the City in a timely manner and for the thoroughness of their report.
WAYNE MAYER MOVED TO ADOPT THE RESOLUTIONS AUTHORIZING THE STATE
Council Minutes: October 27, 2008
GAMBLING CONTROL BOARD TO RENEW THE CHARITABLE GAMBLING LICENSE
TO THE MONTICELLO YOUTH PROGRAM FOR CHARITABLE GAMBLING ACTIVITIES
AT HAWKS SPORTS BAR AND GRILL AND THE MONTICELLO COUNTRY CLUB.
SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
#SG Request to waive ordinance requirements regulating public nuisances Wayne Mayer
questioned which alternative action staff was recommending. Staff's recommendation was for
alternative #3 which was to deny the request for a waiver from the requirements. Clint Herbst felt
this was something that should monitored closely. He felt the City should stay with the policies
they have in place and address the issues raised by the developers and staff over the winter. The
consensus of the Council was to maintain existing standards but also explore other options.
WAYNE MAYER MOVED TO DENY A WAIVER OF ORDINANCE REQUIREMENTS
REGULATING COMPLIANCE WITH SECTION 1 OF CHAPTER 7-1 OF THE PUBLIC
NUISANCE ORDINANCE BASED ON A FINDING THAT THE ORDINANCE PROVIDES
FOR A CONSISTENT METHOD OF MAINTAINING VACANT PROPERTIES AND SERVES
THE PUBLIC PURPOSE. BRIAN STUMPF SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
#SHAlternatives for resolution of Lundsten/Posusta land issues: Wayne Mayer said he was
against it when the parties were seeking $40,000 in compensation and he is against it when they
are seeking $10,000 which is why he pulled the item. Clint Herbst stated he met with Glen
Posusta and the City's legal counsel regarding this issue. In a previous meeting the City had
offered to pay a certain amount of money for legal costs to get this issue cleared up. Glen Posusta
has in excess of $3,000 in legal fees on the land dispute. The City's legal counsel felt $10,000
could be spent very easily if the matter was taken to court. In the proposed agreement the property
would go to John Lundsten and Glen Posusta would be compensated in the amount of $10,000.
Brian Stumpf wanted some assurance that there would be no legal recourse against the City by the
parties involved once the payment was made.
Wayne Mayer said his understanding was that the City gave a quit claim deed to the property
which meant the City was giving up any interest they had in the property but was not warranting
title to the property. He felt it was a title squabble. City Attorney Tom Scott replied that John
Lundsten stated that while the City only gave a quit claim deed the City represented that they were
conveying the property to John Lundsten. Tom Scott felt the City had a strong argument because
of the quit claim deed but not necessarily a fool proof one so the City could be tied up in legal
action. The recommendation was to pay the small sum to get this issue behind the City.
Brian Stumpf felt it was important to get this issue cleared up but he wanted some assurance in the
agreement that the parties involved could not come back to the City with additional claims. Tom
Scott indicated as part of this process the City will be receiving a release from Glen Posusta and
John Lundsten has acknowledged that he does not have any other claims. If he gets the quit claim
deed and title insurance John Lundsten indicated he would be satisfied. Glen Posusta offered, if
the City did not want to pay $10,000 in cash, to consider a reduction in the assessments against his
property. Tom Scott said it would be a reduction in the principal amount of the assessment.
BRIAN STUMPF MOVED TO AUTHORIZE SETTLEMENT PAYMENT IN THE AMOUNT
OF $10,000 TO GLEN POSUSTA TO SETTLE CLAIMS RELATING TO CITY ACTION
4
Council Minutes: October 27, 2008
THAT COMPLICATED AND ADDED COST ASSOCIATED WITH DISPOSITION OF
VACATED RIGHT OF WAY LOCATED DIRECTLY ADJACENT TO THE POSUSTA
PARCEL. THE PAYMENT IS CONDITIONED UPON RECEIPT OF A RELEASE AND QUIT
CLAIM DEED FROM MR. POSUSTA AND HIS SPOUSE. SUSIE WOJCHOUSKI
SECONDED THE MOTION. MOTION CARRIED WITH WAYNE MAYER VOTING IN
OPPOSITION.
12. Consideration of City participation in management of the swan population within the City.
At the request of Susie Wojchouski this item was moved up on the agenda who clarified that the
request was not being made by Sheila Lawrence but by the Chamber of Commerce, Trumpeters
Swan Society and Three Rivers Park District. Jeff O'Neill provided background on the swan
population and the process of caring for the birds. A number of entities were present at the
meeting to discuss how to care for and control the swan population. There needs to be a dialogue
on where the swan management program is going and what part the City should play in it. Jeff
O'Neill recommended after the discussion tonight a committee should be set up to work with the
parties involved to determine how the management of the swans can best be handled.
Madeleine Linck, a wildlife technician for Three Rivers Park District and a member of the
Trumpeter Swan Society spoke. The park district has a permit to deal with the trumpeter swans
within 50 miles of the park. She gave a history of the trumpeter swan in Minnesota. In the 1960's
the park district got involved in restoring the trumpeter swan in Minnesota. She noted the birds in
Monticello came from stock in Montana and Alaska. Unlike other birds that fly south based on
instinct the trumpeter swan must teach their young to fly south. There are over 2,500 trumpeter
swans in Minnesota. In order to encourage the swans to migrate the Minnesota Non-Game
program committee determined that the birds in Monticello should not be fed until January 1St. If
feeding is delayed it is hoped some of the bird will leave the area to look for food. Three Rivers
Park has been working with the swans and will continue to do so. However, they do not have the
staff needed on a daily basis for approximately six weeks to conduct activities in the area the
swans are located in that would discourage the swans from remaining in the area. While the park
district is looking for staff help, the Chamber of Commerce and Sheila Lawrence may have a
different purpose.
Susie Wojchouski said this is a test to see if %Z the flock could learn to go somewhere else. The
Chamber of Commerce estimates that about $500,000 in revenue is generated by those who come
to watch the swans. For that reason the Chamber of Commerce felt the City should consider
participation in this endeavor. She suggested that Park Department staff could walk along the
shoreline to discourage the swans from remaining there. Wayne Mayer asked if any thought had
been given to installing a temporary fence or barricade to prevent them from going beyond their
feeding area. Sheila Lawrence said she will agree to the feeding restrictions as long as there is
something being done to discourage the birds from staying there. Wayne Mayer is concerned
about providing city staff to chase the swans away.
Wayne Mayer said one of the pieces of information he received said that Sheila Lawrence does not
need additional financing. He suggested the Chamber of Commerce forma 501 C to generate
funds for this purpose rather than have the city and taxpayers take care of this project. Madeleine
Linck wanted city staff to chase the birds and pick them up if they are wandering from their base.
Park Superintendent Tom Pawelk said the Parks Department does not have any seasonal
Council Minutes: October 27, 2008
employees at this time that could do this. He also stated his department helps with snowplowing
and he didn't think the City would want to take staff away from work for this purpose. Clint
Herbst felt the City should help work out a plan but emphasized that there are other community
groups that should become involved.
Susie Wojchouski felt a small group needs to be set up to look at the issue. As far as Madeline
Linck's request the City didn't know if staff would have time to do this. Brian Stumpf said when
the small group is made up it should include the City's animal control person. He felt there is a
need to have someone experienced in handling these animals. Tom Pawelk said in the past when
dealing with the swans, the park department staff has asked the DNR office to assist them.
SUSIE WOJCHOUSKI MOVED TO SET UP A SMALL GROUP COMMITTEE TO LOOK AT
OPTIONS FOR MANAGEMENT OF THE SWAN POPULATION. TOM PERRAULT
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
Susie Wojchouski and Clint Herbst will serve on the committee and Tom Perrault indicated if
possible he would try to attend those meetings as well.
7. Public Hearing and consideration of adoption of assessments for delinquent utilities.
Mayor Herbst opened the public hearing for delinquent utilities.
Annie Sparrow, 14845 Crow River Drive, Rogers was present to address a delinquent bill for a
blight that is proposed to be assessed against Lot 1, Block 3 of Hunters Crossing. She stated that
an assessment search had been done and that she had stopped by City Hall and talked to the
Building Department about assessments and nothing indicated that there were any unpaid
assessments out there. A short time ago the new owner received a notice of a delinquent blight
bill that was proposed to be assessed again the property. She questioned why this did not show up
on the special assessment search and also why work that was done in 2007 was only being billed
now. The buyer had no way of knowing there was an unpaid assessment out there.
Tom Kelly, Finance Director pointed out that this was the public hearing for delinquent utilities
and the public hearing on the delinquent accounts receivables would be coming up next. Tom
Kelly stated that the assessment search that was done on the property was not done by the City so
he did not know where the information that was on the search came from. However since this was
the hearing for delinquent utilities, the Council would act on the delinquent utility assessments
before addressing this issue.
Mayor Herbst then closed the public hearing.
BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE DELINQUENT
UTILITY CHARGES AS PRESENTED. WAYNE MAYER SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
8. Public Hearing and consideration of adoption of assessments for delinquent miscellaneous
accounts receivable.
Mayor Herbst opened the public hearing for the adoption of delinquent miscellaneous accounts
6
Council Minutes: October 27, 2008
receivable.
Tom Kelly stated that the foreclosure problem had disclosed some weaknesses in the process in
tracking the blights. He also reiterated that the search was not done by the City but by another
entity. The City will have a new financial system in place in January that will track everything by
PID. In the interim staff is taking every possible step to ensure that accurate information is
available. Tom Kelly explained that these accounts are only certified to the County once a year
so some of the invoices were for work done in 2007. He added that the City's recourse to collect
these unpaid amounts is to attach it to the property.
Annie Sparrow felt her client should not be responsible for the bill since she did not incur it. She
indicated that in one of the closing documents the seller agreed to be liable for pending
assessments up to a certain dollar value. Clint Herbst asked legal counsel if the document
referenced by Ms. Sparrow would allow them to go after the seller. Tom Scott said they could
either go after the seller or take it to small claims court.
Brian Stumpf expressed his concern about how many other properties are out there that are similar
to this situation. Tom Kelly noted in the interim between getting the new financial program in
place the processes are being changed in an attempt to keep any properties from falling through
the cracks. Staff noted because these charges are out there for as long as a year there can be
multiple transfer of the property and the person who buys the property could be 2-3 owners down
from the person who originally incurred the bill. Tom Kelly explained the process followed for
the delinquent accounts receivable and the steps staff is taking to reduce the likelihood of a similar
situation arising.
Mayor Herbst closed the public hearing. Clint Herbst felt the City should go after the party that
was originally invoiced.
BRIAN STUMPF MOVED TO THE ADOPT THE ASSESSMENT ROLL FOR DELINQUENT
ACCOUNTS RECEIVABLE CHARGES WITH THE EXCEPTION FOR PARCEL 155-172-
003010. THE CHARGES FOR THIS PROPERTY WILL BE TURNED OVER TO THE CITY'S
LEGAL COUNSEL TO PURSUE COLLECTION FROM THE PREVIOUS PROPERTY
OWNER. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
9. Consideration of approving RFP for architectural services for DMV building and garage
remodel proiect.
Tom Kelly explained that originally staff had drafted an RFP for design/build but upon review
staff and consultants had a concern that the design build would cost the city more than having an
architect design it and a contractor build it. There was concern about whether there was adequate
lot area to handle the needs of the DMV/Building Department for this site. There was also the
question of how utilizing the full area of this lot would impact any future expansion plans for the
fire hall site.
Susie Wojchouski felt a temporary fix could be made to the MMV building and the City could let
the remodel of the garage/storage facility go for a couple of years. Brian Stumpf felt with the
potential of doing drivers licenses the present DMV facility would not be able to handle that.
7
Council Minutes: October 27, 2008
Ann Johnson Deputy Registrar Manager said they could do limited drivers license such as issuing
duplicates or changing addresses. Ann Johnson said there is a demand for this service and if the
Monticello DMV doesn't jump on this opportunity it could go to another community. Susie
Wojchouski asked if adding the drivers' license function justified the cost of the building project.
Ann Johnson said at the present time the DMV brings in about $20,000-$30,000 a month net.
The Deputy Registrar organization is putting a forth a request for an increase in fees since they
have gone without an increase for several years.
Tom Kelly said if the Council does not want to go forward with the relocation project, they could
look at the existing DMV building to see if there is some way they could incorporate the cameras
and other features needed for the drivers' license. Clint Herbst said time wise it is not required to
get it done this year. He said he realizes there are concerns about the size of the site. There is also
concern that overflow parking will move onto the Fire Department site. Tom Kelly said an
architect could tell them if the existing garage site would work.
Ann Johnson said the existing building has been neglected and if the DMV is to remain there some
repair/maintenance work needs to be done. Tom Perrault felt the excess land at the library should
be considered as a site. If DMV could be relocated there it would concentrate more of the
government activities in a central location. If the DMV relocates the food shelf and clothing site
could be expanded at their present location. Brian Stumpf felt some modification could be made
to the existing site to get them by for a few more years.
Tom Kelly reported that the owner of the former AV store expressed some interest in having the
City lease or purchase the building. Brian Stumpf said it is nice to know that option is available.
The current tenant Apollo Glass is going to be moving shortly.
TOM PERRAULT MOVED TO TABLE GOING OUT FOR AN RFP FOR EITHER
ARCHITECTURAL SERVICES OR DESIGN/BUILD AND TO HAVE STAFF LOOK AT
OTHER OPTIONS TO BRING BACK TO THE COUNCIL. BRIAN STUMPF SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
10. Consideration of approval of agreement between YMCA, City and County relating to
acquisition of Phase I of YMCA property for Bertram Chain of Lakes Proiect
Tabled.
11. Consideration of establishing meeting times for: 1) Transportation Plan Workshop;
2) Interview applicants for Public Works Director position; 3) Evaluation of City
Administrator
The City Administrator submitted a list of tentative dates for workshops/meetings for the Council
to consider the Transportation Plan; conduct interview for the Public Works Director position and
evaluation of the City Administrator. In addition a joint meeting of the City Council, EDA and
Planning Commission was also being discussed.
Brian Stumpf felt they were trying to cram too much in such a short period of time. He noted that
he will be out of town on November 6th and suggested that the interviews for the Public Works
8
Council Minutes: October 27, 2008
Director beheld on Monday November 3rd from 4 pm to 7 pm. The City Administrator Review
and the Natural Resources Inventory would be scheduled for Monday November 10th with the
Natural Resources Inventory being held from 5 pm to 6:30 p.m.; the City Administrator review
from 6:30 p.m. to 7 p.m. and the regular Council meeting starting at 7 p.m.
Wednesday November 12th was suggested for the workshop on the Transportation Plan. It was
noted that the EDA would be meeting on that date. The Council discussed whether to schedule it
on November 19th or 24th and decided to schedule it on November 19th. While a specific date for
the joint Council/Planning/EDA meeting was not set it is anticipated that it would take place early
in December.
12. Consideration of City participation in management of the swan population within the City
Moved up on the agenda.
13. Department Report - Administration/Building Department. (VerbaUPower Point)
Jeff O'Neill gave a report on the follow up to a goal setting session done in May. At that time
projects were identified and prioritized. He then went on to list the various projects in each
department that were accomplished and the status of those not completed. It is anticipated in
January there would be another goal setting session followed by a prioritization of the goals.
Gary Anderson, Chief Building Official stated presently the Building Department consists of three
full-time inspectors and three part-time inspectors under the direction of the Community
Development Director. He noted their office was assisted by the receptionist, two part-time
financial department staff and an individual from the temporary service. Their work consists of
general building activity; storm damage from the hail storms in May; property maintenance
including blights and rental ordinance. Information was provided on the number and types of
permit issued thus far in 2008. It was pointed out that there are 869 different contractors working
in the City. Additional information was provided about the number of inspections handled by
staff and questions/comments generated by the Citizens request desk.
Added Items:
Leaf Pickup: Clint Herbst questioned the timing of the leaf pickup since there are still so many leaves
that have not come down yet. He suggested moving it back a week or two. Public Works Director, John
Simola indicated that in November they could be dealing with the issue of snow so they have generally
tried to hold it towards the end of October, usually the last Saturday. John Simola indicated that next year
the leaf pickup would require the use of compostable bags.
Bud Schrupp: Mayor Herbst noted the passing of Bud Schrupp, a local business owner and offered
condolences to the family.
14. Consideration of approving payment of bills for October. 2008.
Tom Perrault questioned the bill for the decal work for the Public Works Department. John
Simola stated the decals are used on equipment and there is also a decal for on the street
lights. They have not ordered any for some time and they had to so now. He also questioned
9
Council Minutes: October 27, 2008
an invoice for repair of a shed and wanted to know which shed that was. John Simola
indicated he would find out and let him know. Lastly Tom Perrault noted that a bench had
been donated for Otter Creek by a family in memory of their son.
TOM PERRAULT MOVED TO APPROVE PAYMENT OF THE BILLS. SUSIE
WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
15. Adiourn
TOM PERRAULT MOVED TO ADJOURN AT 9:50 P.M. SUSIE WOJCHOUSKI
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
Recording Secretary
10
Council Agenda: November 10, 2007
SA. Consideration of approving new hires and departures for MCC, Liquor and Water
Department. (JO)
A. REFERENCE AND BACKGROUND:
The Council is asked to ratify the hiring and departures of employees that have occurred
recently at MCC, Liquor store and Water Department. It is recommended that the Council
officially ratify the hiring/departure of all new employees including part-time and seasonal
workers.
A.1 BUDGET IMPACT: None
A.2 STAFF WORK LOAD IMPACT: Until the positions are filled again, existing staff would
pick up those hours.
B. ALTERNATIVE ACTIONS:
Ratify the hire/departures of the employees as identified on the attached list.
C. RECOMMENDATION:
By statute the City Council has the authority to approve all hires/departures. There is no
other recommendation but for the Council to exercise the authority given to them by state
statute.
D. SUPPORTING DATA:
List of new employees.
NEW EMPLOYEES
Name Title Department Hire Date Class
Randall Johnsen
Brian Schultz Liquor Store Manager
Slide Attendant Liquor
MCC 10-20-08 FT
10-23-08 PT
TERMINATING EMPLOYEES
Name Reason Department Last Day Class
Jaymon DeMarais Voluntary PW-Water 08-29-08 Temp/Seasonal
David Mitchell Voluntary PW-Water 08-21-08 Temp/Seasonal
Brandon Farm-Franks
Jennifer Curtis
Voluntary MCC 09-01-08 PT
Voluntary MCC 10-16-08 PT
Joe Helgeson Voluntary Liquor 10-13-08 PT
Kirstin Gramith Voluntary MCC 10-11-08 PT
Katarine Meltzer Voluntary MCC 10-11-08 PT
council employee list.xls: 10/28/2008
Council Agenda: November 10, 2008
5B. Consideration of apgrovin~ a one-day charitable gambling license for a raffle for
Monticello Chamber of Commerce. (JO)
A. REFERENCE AND BACKGROUND:
The Monticello Chamber of Commerce has applied for a permit for a temporary charitable
gambling license to conduct a raffle at the River City Extreme, 3875 School Boulevard on
December 8, 2008. In order for the State Gambling Control Board requires the City to
either approve or deny the application. Since this is the first raffle that has been conducted
by the Chamber of Commerce in some time, there is no current financial data that is available.
The purpose of the raffle is to raise funds for Home for the Holidays, scholarships and other
Chamber programs.
B. ALTERNATIVE ACTIONS:
1. Approve the application and authorize the State Gambling Control Board to issue the
charitable gambling license to the Monticello Chamber of Commerce to conduct a
raffle on December 8, 2008 at River City Extreme, 3875 School Boulevard.
2. Do not approve the charitable gambling request.
C. STAFF RECOMMENDATION:
Staff is not aware of any reason why the Council would not allow the State to issue this
gambling license.
D. SUPPORTING DATA:
None.
Council Agenda: November 10, 2008
5C. Consideration of renewal of two year assessor contract with Wright County.
A. REFERENCE AND BACKGROUND:
The City currently contracts with the Wright County Assessor's office to perform assessing
work for the City. Attached is a proposed contract covering the assessing services for 2010
and 2011. The agreement is basically the same as in the previous contract period. Under this
agreement the City pays $10.50/parcel for assessment service which is the same rate as in the
current agreement. In addition the County charges $25 for each new permit with an
estimated construction cost under $499,999.00. For permits in excess of $499,999.00 an
additional $100 fee is charged. The City collects these fees for new construction when a
building permit is issued.
B. ALTERNATIVE ACTIONS:
1. Authorize the renewal of contracting services with Wright County for 2010 and 2011.
2. Do not renew the agreement.
C. STAFF RECOMMENDATION:
The City has contracted with Wright County for a number of years. The City's working
relationship with the County Assessor's Office over this time has been very good and with the
rate per parcel proposed to remain the same, continuing the contract with Wright County
would seem to be in the City's best interest.
D. SUPPORTING DATA:
Copy of Assessment Service Agreement
ASSESSMENT SERVICES AGREEMENT
THIS AGREEMENT, made and entered into by and between the County of Wright, a
political subdivision of the State of Minnesota, hereinafter referred to as the "County" and the
City of Monticello a political subdivision of the State of Minnesota, hereinafter referred to as
"City/Township";
WHEREAS, said City/Township lies either wholly or partially within the County and
constitutes a separate assessment district; and
WHEREAS, under such circumstances the provision of the Minnesota Statutes, Sections
273.072 and 471.59 permit the County Assessor to provide for the assessment of property; and
WHEREAS, said City/Township desires the County to perform certain assessments on
behalf of said City/Township; and
WHEREAS, the County is willing to cooperate with said CitylTownship by completing
the assessment in a proper manner;
NOW, THEREFORE, in consideration of the mutual covenants contained herein it is
agreed as follows:
1. The County shall perform the 2010 and 2011 property assessment for the
City/Township in accordance with the property assessment procedures and practices established
and observed by the County, the validity and reasonableness of which are hereby acknowledged
and approved by the City/Township. The property assessment by the County shall be composed
of those assessment services which are set forth in Exhibit A, attached hereto and made a part
hereof by reference.
2. All information, records, data, reports, and the like that are necessary to allow the
County to carry out its. responsibilities under this Agreement shall be furnished to the County
without charge by the City/Township and the City/Township agrees to cooperate in good faith
with the County in carrying out the work under this Agreement.
3. The City/Township agrees to furnish, without charge, work space, if needed, for an
appraiser to perform such tasks as document review, with such tasks to be performed during
normal business hours for the City/Township.
4. The County agrees to indemnify and hold harmless the City/Township and all of its
agents and employees against any and all claims, demands, actions or causes of action arising out
of or by reason of the performance of work provided for herein to be performed by the County.
It is further agreed that any and all full time employees of the County engaged in the
performance of any work or services required or provided for herein shall be considered
employees of the County only and not of the City/Township and that any and all claims that may
arise under the Workman's Compensation Act of the State of Minnesota 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 shall be the sole obligation and responsibility of the County.
5. This Agreement shall commence on January 2, 2009 and shall terminate on June 30,
2011. Either party may initiate an extension of this Agreement for a term of two years by giving
the other party written notice of its intent to so extend no less than 120 days prior to the
termination of this Agreement. If the party who receives said notice of intent to extend gives
written notice to the other party of its desire not to extend the Agreement at least 60 days prior to
the termination of this Agreement, this Agreement shall terminate on June 30, 2011.
6. In consideration of said assessment services, the City/Township agrees to pay the
County a fee of $10.50 per parcel for the 2010 and 2011 assessment. In addition. there will be an
additional fee of $25.00 for each new construction residential or commercial/industrial building
permit with an estimated construction cost of $499,999.00 or less. There will also be an
additional fee of $100.00 per parcel for each new construction commercial/industrial building
permit with an estimated construction cost of $500,000.00 or more. These additional fees shall
be only applicable in those cities which issue their own building permits.
7. Any notice which may be given or made by a party hereto under the terms of this
Agreement shall be in writing and shall be sent by United States Mail or personally delivered to
the other party addressed as follows:
To City: City of Monticello
505 Walnut St, Ste #1
Monticello, MN 55362
To County: Gregory A. Kramber, Wright County Assessor
Wright County Government Center
10 2°d Street NW, Room 240
Buffalo, MN 55313
8. The Agreement may be amended or modified only by written agreement signed by
authorized representatives of the parties hereto.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its
duly authorized officers and delivered on its behalf, this day of , 2008.
WRIGHT COUNTY
Dated:
By
Gregory A. Kramber
Wright County Assessor
City of Monticello
Dated:
By
Dated: By
EXHIBIT A
During the term of this Agreement, the County shall:
1. Physically inspect and revalue real property, as required by law.
2. Physically inspect and value all new construction, additions and renovation
3. Conduct valuation reviews prior to Board of Review.
4. Attend Board of Review. Per Board request, make all necessary review appraisals.
5. Keep updated field card file -current values, homestead and classification data.
6. Print, mail and post valuation notices.
7. Respond to taxpayers regarding assessment or appraisal problems or inquiries
periodically.
8. Make divisions and combinations periodically.
9. Administer the abatement process pursuant to Minn.Stat. § 375.192.
10. Make appraisals for, testify or negotiate all District Court or Tax Court filings.
11. Post values from appraisal cards to assessment rolls.
12. Adjust estimated market values on those properties not physically inspected as needed
and per sales analysis.
Council Agenda -November 10, 2008
SE. Consideration to approve the reapportionment of assessments associated with the approved
request for Simple Subdivision for Otter Creek Crossing, Outlot C & D and approve
waiver of surety bond for said assessments. (AS)
A. REFERENCE AND BACKGROUND
On October 13`t`, the City Council approved a Simple Subdivision and Administrative Lot Combination
for Outlots C and D of Otter Creek Crossing property located on west Chelsea Road.
The processes resulted in the creation of two equal size parcels, 831,381 square feet (19.086 acres) in
area and legally described as Outlots C & D, Otter Creek Crossing. As noted by the applicants at that
time, the combination and subdivision was being requested in order to divide the lots equally and
subsequently to re-apportion applicable assessments equally.
At this time, the Council is asked to consider approving the assessment reapportionment. Although
Council approval for reapportionments has not been requested in past simple subdivision requests, the
City Attorney has advised that State Statute requires the Council to do so, as noted below.
429.071 Subd. 3.Reapportionment upon land division.
When a tract of land against which a special assessment has been levied is thereafter divided or
subdivided by plat or otherwise, the council may, on application of the owner of any part of the
tract or on its own motion equitably apportion among the various lots or parcels in the tract all
the installments of the assessment against the tract remaining unpaid and not then due if it
determines that such apportionment will not materially impair collection of the unpaid balance of
the original assessment against the tract. The council may, and if the special assessment has been
pledged to the payment of improvement warrants shall, require the owner or owners, as a
condition of such apportionment, to furnish a satisfactory surety bond fully protecting the
municipality against any loss resulting from failure to pay any part of the reapportionment
assessment when due. Notice of such apportionment and of the right to appeal shall be mailed to
or personally served upon all owners of any part of the tract. Within 30 days after the mailing or
service of the notice of such apportionment any such owner may appeal as provided in section
429.081.
Furthermore, as noted, State statute also requires that the property owners furnish surety bond fully
protecting the City against any loss resulting from failure to pay any part of the reapportionment
assessment when due. In this case, the 2005 Improvement Bond was used to fund the Chelsea Road
improvements. As such, in this circumstance the property owners would be required to supply a surety
bond upon re-apportionment. However, as the City has not required this bond in past reapportionments,
and as the applicants/property owners were not made aware of this requirement prior to approval of the
simple subdivision, the Attorney has indicated that the requirement maybe waived in this circumstance.
Council should be advised that for future subdivision requests, the reapportionment approval will be
requested concurrent with the subdivision approval. Any surety bond requirements would also be
considered at that time, in accordance with statute.
Assessment reapportionment information is attached for reference. Council will note that the amount of
the assessment has not changed, but rather has been divided equally between the two resulting parcels.
B. ALTERNATIVE ACTIONS
1. Motion to approve the request for assessment reapportionment for Outlots C & D of Otter Creek
Crossing, and to approve waiver of required surety bond.
2. Motion to deny the request for assessment reapportionment for Outlots C & D of Otter Creek
Crossing, and waiver of required surety bond.
C. STAFF RECOMMENDATION
Staff recommends alternative 1 above. This action is consistent with past Council decisions regarding
the subdivision, and is consistent with past process as related to simple subdivisions.
D. SUPPORTING DATA
Exhibit A: Applicant Narrative
Exhibit B: Plan for Simple Subdivision
Exhibit C: Plan for Administrative Lot Combination
Exhibit D: Assessment Reapportionment Information
J. EDWIN ~HADWICK, LLC. , ~~,;,, ~;<>n ~ ~«<<
Land and Earms Bloo~ningron, Minneso~a 55437
Office (952) 853-2473
PAX ,(952) 886-0492
September 16, 2008
Ms. Angela Schumann
Community Development Coordinator
City of Monticello
50~ Walnut Street, Suite 1
Monticello, MN 55362-8831
Re: Simple Subdivision of Otter Creek Crossing
Dear Ms. Schumann:
J. Edwin Chadwick, LLC and JX Bowers, LLC. own Outlots C and D of the Otter Creek
Crossing subdivision (see attached). These are two commercial lots located between I-94
and Chelsea Rd and their total size is approximately 38 acres.
For accounting purposes related to its partnership structure, we need to move the
boundary between these two lots to the location shown on the attached survey. This is
purely an internal organizational issue and should not have any impact on the public at
_ large,__This mo_v_ement of the_lot line will result in two parcels.that_Still g_reatly._ex~e~~~lie______
-___ ___-
minimum lot size for the district, all utilities have previously been constructed and each
lot will have over 1500 feet of public street frontage. No improvements or other changes
are proposed as part of this application.
I hope that the City will be able to approve this request and please give me a call if there
are any questions.
Since ,
Jo adwick
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ASSESSMENT SPLIT
CHADWICK LOT SPLIT
PID ORIGINAL ASSMT NEW ASSESSMENT
(37%/63% -Area) (48%/52% - Footage)*
155-171-000030
Outlot C
$855,406.30
$1,109, 716.29
155-171-000040
Outlot D
$1,456,502.63
$1,202,192.64
Total Assessment $2,311,908.93 $2,311,908.93
Assessment first on appeared on taxes in 2007. Mr. Chadwick has
requested that the cost besplit based on front footage (48% / 52%).
If Council is agreeable the assessment amounts shownwould be spread
over the remaining 8 years with payments made in 2007 and 2008 credited
against the amount shown. No other terms of the assessment will change.
*Footage is from new lot combination.
Council Agenda -November 10, 2008
SF. Consideration to call for a public hearing for the vacation of a uortion of Highway 25/Cedar
Street Right of Way.
A. REFERENCE AND BACKGROUND
City Council is asked to call for a public hearing to vacate a portion of the old Highway 25/Cedar
Street right of way, which lies along the eastern boundary of Mr. Robert banner's property. A
contract for deed for the property is in place with Mr. Danner. Per the terms of the contract, the
City is to release any unneeded interest in the property. As Cedar Street has been realigned,
there is no need to maintain the right of way shown.
In the vacation resolution to be brought forward, the City will maintain drainage and utility
easement over the property, as City sanitary sewer and water services run through that area.
Staff has spoken with Mr. Danner and he is aware of the pending vacation process and has also
been made aware that the City will maintain a drainage and utility easement over the area.
BUDGET IMPACT
There is no budget impact related to the vacation of the unneeded right of way, other than
customary administrative and recording costs.
B. ALTERNATIVE ACTIONS
1. Motion to call for a public hearing on Monday, November 24a' for the vacation of a
portion of Highway 25/Cedar Street Right of Way as described on Exhibit A.
2. Motion to deny calling for a public hearing for the vacation of a portion of Highway
25/Cedar Street Right of Way as described on Exhibit A.
C. STAFF RECOMMENDATION
Staff recommends alternative 1 above.
D. SUPPORTING DATA
Highway 25/Cedar Street Right of Way -Vacation Exhibit
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~' m PARCEL 9
City Of Monticello, Minnesota
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Council Agenda: 11/10/08
7. Conduct assessment hearing and adopt assessment roll for Kevin Longley Drive and
Jerry Liefert Drive Street Improvements, City Project No. 2008-1OC. (BW)
A. REFERENCE AND BACKGROUND:
The final assessment roll for the mill and overlay work on Kevin Longley Drive and Jerry
Liefert Drive, completed as part of City Project No. 2008-1OC, is attached as supporting
data. The assessments for this project need to be certified by the Wright County Auditor
by December 15, 2008 for collection on next year's taxes. This deadline will be met by
conducting the public assessment hearing tonight. Per the requirements of Minnesota
Statute 429, assessment hearing notices were mailed to the assessed property owners on
October 29, 2008, and the hearing was publicly noticed in the Monticello Times on
October 30 and November 6, 2008.
All work associated with the assessable portion of the project has been completed. All
properties along Kevin Longley Drive and Jerry Liefert Drive that have a street access are
being assessed 50% of the cost of the work required to mill and overlay the streets. The
assessment costs do not include work related to concrete curb and gutter replacement or
repairs, pathway improvements or turf establishment. This is consistent with the method
used to assess the residents of Kenneth Lane for their mill and overlay improvements on
the 2007 Core Street Reconstruction project.
At the public hearing where the improvements were ordered a preliminary assessment
rate of $1,574 per residential unit was identified, but it was noted that this figure was
likely significantly higher than what the actual assessments would be. This amount was
based on an assessment rate of 50% of the estimated project costs for all improvements
on Kevin Longley and Jerry Liefert Drives. However, since the winning bid was almost
$40,000 less than the engineer's estimate, and since all costs associated with work not
directly related to the mill and overlay improvements were removed from the assessable
costs, the assessment rate for each residential unit was reduced to $898.65.
The costs used to complete the attached assessment roll were based on the estimated costs
of the improvements, which for the mill and overlay improvements was $128,040.15.
The associated estimated indirect costs, which include engineering, materials testing,
administration, legal, and financing costs, have been determined to be $30,121.41.
Therefore, the total cost used to calculate the attached assessment roll was $158,161.56.
It should be noted that since the assessment notices were mailed to each of the affected
property owners the actual costs have been computed and are slightly less than the
estimated costs were, but the indirect costs are not yet known and may offset the lower
construction costs. However, if Council wishes to reduce the assessment amount staff
can mail new notices to all properties and still meet the 30-day pre-pay requirement.
It should be noted that the attached assessment roll does address the three duplex units
that were identified during the project. Per Council direction, each duplex unit was
assessed twice the amount ofsingle-family and townhome units.
Council Agenda: I1 /10/08
The recommended assessment term is 10 years, which is consistent with past terms for
such projects. The recommended interest rate is 5.5%, which is 1% more than the 4.5%
rate the City would pay to bond for the improvements.
As always, should any of the assessed property owners choose to pay their assessment in
full within 30 days of this assessment hearing they will be forgiven all interest payments.
B. ALTERNATIVE ACTIONS:
1. Motion to adopt assessment roll for City Project No. 2008-1OC as attached.
2. Motion to adopt modified assessment roll for City Project No. 2008-1OC as directed
by Council.
3. Motion of other.
C. STAFF RECOMMENDATION:
City staff recommends adopting the assessment roll for City Project No. 2008-1 OC. The
assessments for this project need to be certified by the Wright County Auditor by
December 15, 2008 for collection on next year's taxes. By adopting the assessment roll
tonight this allows the required 30-day appeal period to commence in order to meet the
County's deadline.
D. SUPPORTING DATA:
Assessment roll
Exhibit A -Aerial view of project area
Exhibit B -Address map
Cay of MonBcello
Mtll 8 Ovedey Improvemerrts
Ciry Protect Number: 2008-10C
Date: October 27, 2008
cni~ei oevucur euai verc
Prellminary Assessment Roll
EC A SSESSM N 8 O J R L F D LO LEY DRNE
NO.
P~ OWNER NAME
PROPERTYADORESS
PROPHOUSE
PROPSTFL
RES~ENTIAL
LOTS
ASSESSMENT R SIDENTIAL
tOT FRONT
FOOTAGE
ASSESSMENT
AMOUI4T
1 155083001110 BOHAN JOAN I 96 JERRY LIEFERT DR 98 JERRY LIEFERT DR 1 $898.85 10.7 $898.85
2 155063001100 HARN GERALD B 8 JUDITH A 98 JERRY LIEFERT DR B8 JERRY LIEFERT DR 1 $898.85 10.7 $898.85
3 155063001090 FORSBERG CLAUDIA H 100 JERRY LIEFERT DR 100 JERRY LIEFERT DR 1 $898.85 10.7 $898.65
4 155083001080 DAVIS JAN R 102 JERRY LIEFERT DR 102 JERRY LIEFERT DR 1 $898.85 10.7 $888.85
5 155083001070 UBL THOMAS E 8 BEVERLY J 104 JERRY LIEFERT DR 104 JERRY LIEFERT DR 1 $898.85 10.7 $898.65
8 155083001080 DU8OW JAMES D $ PATRICIA R 108 JERRY LIEFERT DR 108 JERRY LIEFERT DR 1 $898.85 10.7 $898.65
7 155077001030 MILLER J W JR $ VMAN M 108 JERRY LIEFERT DR 108 JERRY LIEFERT DR 1 $898.85 54.3 $896.05
8 155077001020 DUPONT SHARON A 110 JERRY LIEFERT DR 110 JERRY LIEFERT OR 1 $898.85 54.3 $898.85
9 155077001010 MILLER JAMES D 8 LOTS I 112 JERRY LIEFERT DR 112 JERRY LIEFERT DR 1 $898.65 54.3 $698.85
10 155049001080 GROWER JANET M 118 JERRY LIEFERT DR 118 JERRY LIEFERT DR 1 698.85 28.5 5698.85
11 155048001180 ETHERIDGE JON G $ CLAUDIA J 117 JERRY LIEFERT DR 117 JERRY LIEFERT DR 1 $898.05 198.9 898.65
12 155049001070 ALECKSON MURIEL E 118 JERRY LIEFERT DR 118 JERRY LIEFERT DR 1 $898.85 28.5 $898.85
13 155049001080 CARSON LESLIE J 120 JERRY LIEFERT DR 120 JERRY LIEFERT DR 1 $898.85 28.5 $898.85
14 155049001050 EKEGREN GARRY L 122 JERRY LIEFERT DR 122 JERRY LIEFERT DR 1 $898.85 28.5 $898.85
15 155048001170 MARKLING WALTER J BPATRICIA 123 JERRY LIEFERT DR 123 JERRY LIEFERT DR 1 $898.85 84 $898.85
18 155049001040 SORENSEN MICHELLE 124 JERRY LIEFERT DR 124 JERRY LIEFERT DR 1 $898.85 28.5 $898.85
17 155049001030 BANYON DALE C $ DONNA L 120 JERRY LIEFERT DR 128 JERRY LIEFERT DR 1 $898.85 20.5 $898.85
18 • 155048001180 LANGE FRED W $ SHIRLEV M 127 JERRY LIEFERT OR 127 $ 129 JERRY LIEFERT DR 2 $1 797.29 100 $1 787.29
19 155048001020 BLOCK SUSAN M 128 JERRY LIEFERT DR 128 JERRY LIEFERT DR 1 $888.85 28.5 $898.85
20 155048001010 CAHILL DEANNA M 130 JERRY LIEFERT DR 130 JERRY LIEFERT DR 1 $888.85 26.5 $898.85
21 155058001080 VOGL THOMAS E $ CAROL L 132 JERRY LIEFERT DR 132 JERRY LIEFERT DR 1 $898.85 28.5 $898.65
22 155058001070 THEISEN HAROLD P $ CAROL T 134 JERRY LIEFERT DR 134 JERRY LIEFERT DR 1 $898.85 28.5 $898.85
23 155058001080 STICK MERLIN K 1311 JERRY LIEFERT DR 138 JERRY LIEFERT DR 1 $898.85 28.5 $898.85
24 155058001050 GAUTHIER KATHLEEN A 138 JERRY LIEFERT DR 138 JERRY LIEFERT DR 1 $898.85 28.5 $898.85
25 155058001040 TINDLE BARBARA J 140 JERRY LIEFERT DR 140 JERRY LIEFERT DR 1 $888.85 28.5 898.85
28 155058001030 MILLER CHRISTINA F REV TRUST 142 JERRY LIEFERT DR 142 JERRY LIEFERT DR t $888.85 28.5 $898.85
27 155058001020 MAUS GREGORY J 144 JERRY LIEFERT DR 144 JERRY LIEFERT DR 1 $898.85 28.5 $898.85
28 155056001010 NOBBS BLAINE 8 CAROLE JEAN 148 JERRY LIEFERT DR 148 JERRY LIEFERT DR 1 E898.85 26.5 $898.85
29 155055001080 ELNES KATHRYN T 148 JERRY LIEFERT DR 148 JERRY LIEFERT DR 1 $896.65 26.5 $888.85
30 155055001070 MENZHUBER LOWELLF 150 JERRY LIEFERT DR 150 JERRY LIEFERT DR 1 898.85 28.5 $898.85
31 155055001080 MARKLING FLOVD F REV LN TRUST 152 JERRY LIEFERT DR 152 JERRY LIEFERT DR 1 5898.85 28.5 $898.85
32 155048002090 EBNER FRANCIS J $ DEBORAH J 153 JERRY LIEFERT DR 153 JERRY LIEFERT DR 1 $898.85 130 $888.65
33 155055001050 GRIMSMO ARVE A $ JEAN A 154 JERRY LIEFERT DR 154 JERRY LIEFERT DR 1 5898.85 28.5 $888.85
34 155055001040 FRIE DANIEL R 8 JEAN M 158 JERRY LIEFERT DR 158 JERRY LIEFERT DR 1 $888.85 28.5 $888.05
35 155055001030 HOLTHAUS AARON T 158 JERRY LIEFERT DR 158 JERRY LIEFERT DR 1 $888.85 26.5 $898.85
38 155055001020 WIESE LYNN A 180 JERRY LIEFERT DR 180 JERRY LIEFERT DR 1 $898.65 26.5 $898.85
37 155055001010 RASSAT MARY G 182 JERRY LIEFERT DR 182 JERRY LIEFERT DR 1 $898.85 28.5 88.85
38 155082001080 BRANDON JOAN M 184 JERRY LIEFERT DR 184 JERRY LIEFERT DR 1 $898.65 28.8 $898.85
38 155062001070 MANSUR WILLIAM C 8 SHIRLEV 188 JERRY LIEFERT DR 188 JERRY LIEFERT DR 1 $898.85 28.0 $888.85
40 155048002110 SEEFELDT WILLIAM J BMERRLYN 187 JERRY LIEFERT DR 187 JERRY LIEFERT DR 1 $898.85 90 $888.85
41 155062001080 GRABINSKI THOMAS L 168 JERRY LIEFERT OR 188 JERRY LIEFERT DR 1 $898.85 28.8 $898.65
42 155062001050 FORNER LEE E $ JULIE A 170 JERRY LIEFERT DR 170 JERRY LIEFERT DR 1 $898.&5 28.8 $888.85
43 155082001040 BROMBERG STEVEN A 8 JANET G 172 JERRY LIEFERT DR 172 JERRY LIEFERT DR 1 $898.85 26.8 $898.85
44 155002001030 GRIEME GAIL S 174 JERRY LIEFERT DR 174 JERRY LIEFERT DR 1 $898.85 28.8 $888.85
45 155048002120 GOERZ KYLE B 8 LEANNE 175 JERRY LIEFERT DR 175 JERRY LIEFERT DR 1 5898.65 70.9 $898.05
48 155062001020 MOORES BRIAN W 178 JERRY LIEFERT DR 178 JERRY LIEFERT DR 1 $898.65 28.8 $898.85
47 155002001010 ALM MARY 178 JERRY LIEFERT DR 178 JERRY LIEFERT DR 1 $898.85 28.11 98.65
48 155101001030 BAKKEN ELEANORE 188 JERRY LIEFERT DR 188 JERRY LIEFERT DR 1 5898.85 39.8 $888.65
49 155101001020 HITTER RODNEV J 182 JERRY LIEFERT DR 182 JERRY LIEFERT DR 1 $888.85 39.8 B.B5
50 155101001010 KOROPCHAK OLNE M 188 JERRY LIEFERT DR 198 JERRY LIEFERT DR i $898.85 38.8 $888.85
51 155048002130 MCGRAW MARTIN P $ CORINNE E 203 JERRY LIEFERT DR 203 JERRY LIEFERT DR 1 $898.85 110 E898.85
52 155048004040 FRIE RICHARD H $ MARILYN A 208 JERRY LIEFERT DR 208 JERRY LIEFERT DR 1 $898.85 95 898.05
53 155048002140 JOHNSON GERALD D $ CAROL E 209 JERRY LIEFERT DR 209 JERRY LIEFERT DR 1 $898.85 135 $888.05
54 155048004030 FORAR JAMES 8 LORRAINE 210 JERRY LIEFERT DR 210 JERRY LIEFERT DR 1 $898.05 BO $898.05
55 155048004020 FRIE DANIEL R 8 JEAN M 214 JERRY LIEFERT DR 214 JERRY LIEFERT DR 1 $898.85 78.8 $888.85
58 155048002150 FINK ROBERT K 8 AMV S 217 JERRY LIEFERT DR 217 JERRY LIEFERT DR 1 $898.85 95 $888.85
57 155048004010 JENSEN CHRISTOPHER G 8 C A 218 JERRY LIEFERT DR 218 JERRY LIEFERT DR 1 $898.65 95 $888.85
58 155048002180 LEVERENTZ KEVIN R $ JOAN L 221 JERRY LIEFERT DR 221 JERRY LIEFERT DR 1 $898.85 125 $888.85
59 155048003030 DEHNE STEVEN M $ SHEILA K 222 JERRY LIEFERT DR 222 JERRY LIEFERT DR i $898.85 95.7 $898.85
80 155048003020 REHKAMP ROGER H 8 JOAN K 228 JERRY LIEFERT DR 226 JERRY LIEFERT DR 1 $898.85 80 $898.85
81 ' 155048001150 MILLER JOHN W III $ DEBORAH T 105 KEVIN LONGLEV DR 105 $107 KEVIN LONGLEY DR 2 $1 797.29 80.0 $1 797.29
82 155048002080 DAHLHEIMER JOSEPH L 108 KEVIN LONGLEY DR 108 KEVIN LONGLEY DR 1 $898.85 179.2 $898.85
63 155048001140 BETZ KARLA L 108 KEVIN LONGLEY DR 108 KEVIN LONGLEY DR 1 $898.85 84 $888.85
84 155048001130 BAKKEN RANDY L 8 ALLISON R 111 KEVIN LONGLEV DR 111 KEVIN LONGLEY OR i $898.85 84 $898.85
85 155048002070 RENSTROM MICHAEL R 8 KAREN L 112 KEVIN LONGLEY DR 112 KEVIN LONGLEY DR 1 $898.65 159.4 $888.85
88 155048001120 BIGALKE GREG E 8 DL4NE M 113 KEVIN LONGLEY DR 113 KEVIN LONGLEY DR 1 $898.85 84 88.85
87 155048002080 O'NEILL JEFFREY R BKIMBERLV 114 KEVIN LONGLEV DR 114 KEVIN LONGLEY DR 1 $898.65 80 $888.85
88 155048001110 THOMPSON RICHARD K $ WENDY 115 KEVIN LONGLEV DR 115 KEVIN LONGLEY DR 1 $898.85 84 $888.85
89 155048002050 MASER DALE K $ LAURA J 118 KEVIN LONGLEV DR 118 KEVIN LONGLEY DR 1 $898.65 84 $888.65
70 155048002040 TRAVER RICHARD B JR $BARBARA A 200 KEVIN LONGLEY DR 200 KEVIN LONGLEY DR 1 $898.65 84 $898.85
71 155048001100 FRIE MARKJ$PATRICIAA 201 KEVIN LONGLEY DR 201 KEVIN LONGLEY DR 1 $898.85 84 98.85
72 155048002030 HAZUKA RICHARD J $JANELLE L 202 KEVIN LONGLEY DR 202 KEVIN LONGLEY DR 1 $898.85 B4 88.85
73 155048001080 SEGLER KENNETH R 203 KEVIN LONGLEY OR 203 KEVIN LONGLEY DR i $898.85 84 $898.85
74 155048002020 OLSON ANTHONY M 8 ANGELA A 204 KEVIN LONGLEY DR 204 KEVIN LONGLEY DR 1 $898.85 110 $898.85
75 155048001080 LINDENFELSER JASON $ JENNIFER 205 KEVIN LONGLEY DR 205 KEVIN LONGLEY DR 1 $898.85 84 $898.85
78 155048001070 DICK STANLEY P 8 GISELE J 207 KEVIN LONGLEY DR 207 KEVIN LONGLEY DR 1 $898.85 84 $898.85
77 155048002010 CARLSON ROGER A $ SONJA R 208 KEVIN LONGLEY DR 208 KEVIN LONGLEY DR 1 $898.85 120 $888.85
78 155048001080 KANTHAK CONSTANCE R 209 KEVIN LONGLEY DR 208 KEVIN LONGLEY DR 1 $898.85 84 $888.85
79 155048001050 PETERSON JEFFREY EBTAMARA J 211 KEVIN LONGLEY DR 211 KEVIN LONGLEY DR 1 $898.85 84 $898.86
80' 155048003010 KLEMZ KATHLEEN E 212 KEVIN LONGLEY DR 212 $ 218 KEVIN LONGLEY DR 2 $1 797.29 309.7 S1 797.29
81 155048001040 KUJAWA ARLENE K 213 KEVIN LONGLEY DR 213 KEVIN LONGLEV DR 1 $898.85 84 $888.85
82 165048001030 ROBAK KRIS J 215 KEVIN LONGLEY DR 215 KEVIN LONGLEY DR 1 $898.85 84 $888.85
83 155048001020 HOLTHAUS REBECCA A 217 KEVIN LONGLEY DR 217 KEVIN LONGLEY DR 1 $898.85 84 $888.85
84 155048001010 LINDENFELSER JOSEPH L 8 TERESA 218 KEVIN LONGLEY DR 219 KEVIN LONGLEY DR 1 $898.85 298.4 $888.85
85 155048000010 CITY OF MONTICELLO 1 $898.85 322 $888.85
88 155500033102 CITY OF MONTICELLO $0.00 ••' $0.00
TOTALS 88 $79,060.76 b,889.40 579,080.78
'This propem/ is a dudes and to keep witlt pest prec8ce 4 will be assessed at twice the re[e of the other properties.
The assessment refs for Jerry Liefen Dr 8 Kevin Lon9ley Dr o calculated based on 50% of the overell costs fo rehebildate the roadway divided by the total number of Iota benefRing from the improvamems.
''"Total iroM footage Tor the Cky of Montlcello is included in above paroel.
Total cost $158,161.58 Total assessed cost 79,080.78
Rate 50.00
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Council Agenda: November 10, 2008
8. Public Hearing for the Vacation of a Portion of Territorial Road (Gifu of Monticello
Proiect No. 2005-21C) (WSB)
A. REFERENCE AND BACKGROUND:
With the completion of the new alignment of Territorial Road through the Busch
property, the old Territorial Road alignment that crossed the railroad tracks from
Washington Street, can be vacated, as shown on the enclosed drawing. The segment
proposed to be vacated extends from Washington Street to the southerly right of way line
of the railroad tracks. The portion of Territorial Road from the southerly right of way
line of the railroad tracks extending south to the Jameson and Busch properties was
vacated in 2004.
With the new alignment of Territorial Road, there is not a need to maintain the roadway
for grading and snow plowing purposes. Drainage and utility easements would be
retained as there are existing culverts that cross the road right of way.
Public Works has removed the barricades where the old Territorial Road crossed the
railroad tracks and constructed berms with lilac hedges to create a bamer on either side
of the old crossing.
B. ALTERNATIVE ACTIONS:
Consider vacating a portion of Territorial Road from Washington Street to the
southerly right of way line of the BNSF railroad as shown on the attached
drawing.
C. STAFF RECOMMENDATION:
Staff recommends Alternative No. 1.
D. SUPPORTING DATA:
Vacation Parcel Sketch
Vacation Resolution
C.' IDacuments and SetdngslDawn.GrossingerlLocal SettingslTemporary Internet FllesIOLK41AGNf17N-Public Hearing TerrftoriolRD {'acalion 1 f 1008.doc
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CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION N0.2008-89
RESOLUTION VACATING A PORTION OF TERRITORIAL ROAD
WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks'
published and posted notice of the hearing and after mailing written notice of the hearing at least
ten (10) days before a hearing to each property owner affected by the proposed vacation, the
Monticello City Council has conducted a hearing to consider the vacation of the public right-of-
way legally described in the attached Exhibit "A"; and
WHEREAS, following the hearing and consideration of the proposed vacation, the Council
has determined that it is in the public interest to vacate the above-noted right of way and retain to
certain drainage and utility easements over the vacated portion of the right-of--way.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Monticello:
The public right-of--way legally described in the attached Exhibit A is hereby
vacated; however, the City reserves a drainage and utility easement for any
existing or future drainage or utility use.
2. The City Clerk is directed to file a certified copy of this resolution with the
County Auditor and County Recorder.
ADOPTED this 10th day of November, 2008, by the City Council of the City of
Monticello.
Clint Herbst, Mayor
ATTEST:
Jeff O'Neill, City Administrator
VACATION DESCRIPTION OF THAT PART OF OLD TERRITORIAL ROAD
LYING NORTHERLY OF THE SOUTHERLY LINE OF THE BURLINGTON
NORTHERN RAILROAD RIGHT OF WAY
That portion of a 66.00 foot easement for public right of way purposes over, under and
across the following described property:
The Southwest Quarter of Section 12, Township 121 Range 25, Wright County,
Minnesota, lying northerly of the southerly line of the Burlington Northern Railroad right
of way, the centerline of said easement is described as follows:
Commencing at the southwest corner of said Southwest Quarter of the Southwest
Quarter; thence on an assumed bearing of North 1 degree 24 minutes 50 seconds East
along the west line of said Southwest Quarter of the Southwest Quarter, a distance of
534.50 feet; thence South 88 degrees 35 minutes 10 seconds East, a distance of 318.00
feet; thence North 12 degrees 24 minutes 50 seconds East, a distance of 292.79 feet to the
south line of Old Territorial Road being the point of beginning of said centerline to be
described; thence North 13 degrees 57 minutes 39 seconds West, a distance of 324.74
feet; thence North 33 degrees 35 minutes 51 seconds West to the southeasterly right of
way line of Washington Street of said Lower Monticello and said center line there
terminating.
The side lines of said easement are to be prolonged or shortened to the terminate on said
southerly line of the Burlington Northern Railroad right of way and said southeasterly
right of way line of Washington Street.
The City of Monticello reserves, unto itself, a permanent easement for drainage and
utility purposes, over, across, under and through that part of the vacated Territorial Road,
as described above, situate in the City of Monticello, County of Wright, State of
Minnesota, to wit:
C:\Documents and Settings\Dawn.Grossinger\Local
Settings\Temporary Internet Files\OLK4\That portion of a 66' vacation.doc
Council Agenda: November 10, 2008
9. Canvass of 2008 election results.
A. REFERENCE AND BACKGROUND:
State election law Section 205.185, Subd. 3 calls for the City Council to canvass the election
results within seven days of the general election. The results must be canvassed at this
meeting to make the seven day requirement.
On Election Day the City had 1453 new registrations making a total of 7606 registered
voters for the City of Monticello. A total of 5797 votes were processed on Election Day.
There was an error in the layout of the ballot which required the County to reprint the
ballots. Unfortunately the error was not discovered until after a considerable number of
absentee ballots were sent out. As a result on Election Day the majority of the City's 420
absentee ballots had to be copied onto the corrected ballot so that the ballots could be read
by the M-100. This added considerable time to the election process.
B. ALTERNATIVE ACTIONS:
1. Adopt the resolution declaring the results of the 2008 General Election for the
municipal offices of Mayor and Council.
C. STAFF RECOMMENDATION:
Adoption of the resolution is required in order to comply the provisions of state statute.
D. SUPPORTING DATA:
Statute
Resolution
MINNESOTA ELECTION LAWS - 2008
ZO percent of the votes cast at the last municipal election, is presented to the municipal clerk no
later than 30 days prior to the municipal election, then the polling places for that election shall
open at 10:00 a.m. and close at 8:00 p.m. The municipal clerk shall give ten days notice of the
changed voting hours and notify the county auditor of the change. Municipalities covered by this
subdivision shall certify their election hours to the county auditor in January of each year.
History: 1983 c 62 s 8; 1984 c 396 s 1,2; 1984 c 560 s 22,23; 1994 c 646 s IS; 2005 c 156
art 6 s S4.
205.18 MS 1957 Repealed, 1959 c 675 art 13 s 1
205.18 MS 1992 Repealed, 1994 c 646 s 28
205.185 PROCEDURE.
Subdivision I . Materials, ballots. The municipal clerk shall prepare and have printed the
necessary election materials, including ballots, for a municipal election.
Subd. 2. Election, conduct. A municipal election shall be by secret ballot and shall be held
and the returns made in the manner provided for the state general election, except as expressly
provided by law.
'/~ .,.S.u~. Canvass of returns, certificate of election, ballots, disposition. (a) Within seven
days after an election, the governing body of a city conducting any election including a special
municipal election, or the governing body of a town conducting the general election in
November shall act as the canvassing board, canvass the returns, and declare the results of the
election. The governing body of a town conducting the general election in March shall act as the
canvassing board, canvass the returns, and declare the results of the election within two days
after an election.
(b) After the time for contesting elections has passed, the municipal clerk shall issue a
certificate of election to each successful candidate. In case of a contest, the certificate shall not
be issued until the outcome of the contest has been determined by the proper court.
(c) In case of a tie vote, the canvassing board having jurisdiction over the municipality
shall determine the result by lot. The clerk of the canvassing board shall certify the results of the
election to the county auditor, and the clerk shall be the final custodian of the ballots and the
returns of the election.
Subd. 4. Recount. A losing candidate at a municipal election may request a recount of the
votes for that office subject to the requirements of section 204C.36.
History: 1983 c 62 s 9; 1999 c 132 s 34; 1Sp2001 c IO art 18 s 37; 2004 c 293 art 2 s 37,38
205.19 MS 1957 Repealed,1959 c 675 art 13 s 1
205.19 M5 1982 Repealed, 1983 c 62 s 12
205.20 MS 1957 Repealed, 1959 c 675 art 13 s 1
205.20 MS 1992 Repealed, 1994 c 646 s 28
205.21-205.83 MS 1957 Repealed, 1959 c 675 art 13 s 1
205.84 REDISTRICTING; CITIES WITH WARDS.
Subdivision 1. General provisions. In a city electing council members by wards, wards
shall be as equal in population as practicable and each ward shall be composed of compact,
contiguous territory. Each council member shall be a resident of the ward for which elected, but
a change in ward boundaries does not disqualify a council member from serving for the
remainder of a term.
151
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION N0.2008-88
RESOLUTION CANVASSING ELECTION AND
DECLARING THE RESULTS
WHEREAS, the City Administrator has duly presented to the City Council the summary statement of
ballots voted in the November 4, 2008 General Election; and
WHEREAS, said statement has been sworn to by the Judges of the Election; and
WHEREAS, the total votes cast for the municipal offices voted upon are as follows, to-wit:
For Mayor (2 year term)
Joshua Dickinson 2275
Clint Herbst 2993
Write-Ins 21 (none with more than two votes)
For Council Member (4 year term)
Lloyd Hilgart 1813
Wayne V. Mayer 2015
Thomas Perrault 2343
Glen R. Posusta 2184
Write-Ins 72 (none with more than two votes)
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF
MONTICELLO, MINNESOTA, that the totals listed above are deemed to be correct, the election is
deemed to be valid, and the winners of the election are declared to be as follows:
For Mayor (2 year term): Clint Herbst
For Council (4 year term): Tom Perrault
Glen Posusta
Adopted by the Monticello City Council this l Oa' day of November, 2008.
ATTEST:
Clint Herbst, Mayor
Jeff O'Neill, City Administrator
Council Agenda: 11/10/08
14. Consideration of authorizing preparation of Plans and Specifications for North
Frontage Road Improvements, City Proiect No. 2008-19C. (BW)
A. REFERENCE AND BACKGROUND:
The Minnesota Department of Transportation (Mn/DOT) will replace the twin bridges on
Interstate 94 over East Broadway starting in July of 2009. This includes the realignment
of westbound (WB) I-94 to allow the new WB bridge to be built roughly 60' west of the
existing WB bridge. This is being done to prevent Mn/DOT from needing to construct a
temporary bridge during construction by utilizing the existing bridges prior to demolition.
On various occasions and in conjunction with transportation system planning relating to
the new interchange, there has been discussion of the merits of constructing a North
Frontage Road between WB I-94 and the River Mill development to connect 95th Street
to East Broadway (see Exhibit A). The opportunity for this frontage road was made
possible through the abandonment of the old off ramp. This roadway would allow
residents living between I-94 and CR 39 to access all parts of the City south of I-94
without using CR 39 and CSAH 18. This North Frontage Road would especially benefit
residents between I-94 and CR 39 as the land to the east of Sunset Ponds develops. This
is because as this area develops the traffic on Gillard Avenue could increase significantly
since this is the most convenient access to CR 39. Without development of the North
Frontage road and associated redirection of traffic, it is likely that Gillard Avenue (part in
City/part out) will eventually have to be reconstructed as an urban collector with curb and
gutter and a wider cross section. It is possible that development of the North Frontage
road would eliminate or reduce the future expense associated with upgrading Gillard
Avenue.
Since Mn/DOT projects consistently have lower unit bid prices, City staff checked with
Mn/DOT to see if the North Frontage Road could be constructed in conjunction with their
bridge replacement project, to which Mn/DOT indicated it could be. City staff therefore
prepared preliminary costs estimates to construct the Frontage Road to see what savings
could be realized by constructing the Frontage Road with Mn/DOT's project. If the City
were to construct the road on our own after Mn/DOT's project was built it would cost us
roughly $950,000. However, if the Frontage Road were constructed in conjunction with
Mn/DOT's project the project would cost approximately $170,000 less, or $780,000.
Costs could also be kept to a minimum by completing only the grading portion of the
project at this time, which would consist of rough grading the roadway and installing the
required retaining wall. This would cost the City roughly $430,000 to complete after
Mn/DOT finishes their project, while the work could be completed for about $320,000 if
it is done with Mn/DOT's project.
If Council wishes to move forward with this project in conjunction with Mn/DOT's
project the City will need to furnish plans to Mn/DOT by the end of November. This can
be accomplished, however this will allow little time for public input, and since there will
Council Agenda: 11/10/08
be visual impacts to several properties (see Exhibit B) there will likely be several
residents interested in providing input. However, a public information meeting could be
held at the next Council meeting on November 24th.
Al. BUDGET IMPACTS:
This improvement was identified in the draft transportation plan to be constructed at such
time that the I-94 overpass was reconstructed. Since it was not anticipated that such a
project would be completed soon, it was believed that there was time to identify this
project on our capital improvement plan and budget for it accordingly. As it turns out,
the overpass reconstruction project is happening sooner than expected and thus there was
little opportunity to budget for this project. The question is, does the Council wish to use
reserve funds today to build this segment at a lower cost via partnership with Mn/DOT or
build it later at significantly greater expense. Or perhaps not build it at all.
In addition, it should be noted that development of this connection from the east into
Monticello will likely forestall the need to reconstruct Gillard Avenue to an urban section
thus saving significant future construction costs.
B. ALTERNATIVE ACTIONS:
1. Motion to authorize preparation of Plans and Specifications for a fixll-build of the
North Frontage Road, City Project No. 2008-19C.
2. Motion to authorize preparation of Plans and Specifications for grading only of the
North Frontage Road, City Project No. 2008-19C.
3. Motion to deny preparation of Plans and Specifications at this time.
C. STAFF RECOMMENDATION:
Staff recommends moving forward on full build or grading only to take advantage of
City/MNDOT partnership in constructing an important roadway segment. If Council
chooses to move forward with this project, staff would recommend holding a public
information meeting at the City Council meeting on November 24, 2008.
D. SUPPORTING DATA:
Exhibit A -Aerial view of North Frontage Road project
Exhibit B -Aerial view of most visually impacted area
Council Agenda -November 10, 2008
11. Consideration to review for discussion and comment the construction of a permitted
use structure in an I-2 District. (AS)
A. REFERENCE AND BACKGROUND
JME of Monticello has requested a building permit to construct a new cold storage facility at
their site at 1401 Fallon Avenue. Planning staff brings this item forward for Council's review as
this is the first structure of its specific type and size to be built within City limits.
The proposed structure is similar to what is commonly referred to as a "Quonset but". However,
this building will include footings and a truss frame structure. It is much larger than the small
temporary Quonset structures commonly seen as accessory storage spaces in residential
neighborhoods. Council may also be familiar with structures of this size and building material
quality as utilized for Public Works salt and cold storage uses.
The property on which the building is proposed is zoned I-2, Heavy Industrial. The building
would be located on the western parcel owned by JME, on which there is currently no permanent
structure.
The building would be the principal use of the property and would be considered a warehousing
or storage facility, which is a permitted use in the I-2 District. The building will lie parallel to
Dundas Road, and will be located just beyond the 50' front yard setback. As such, it will be
positioned away from the rear portion of the lot, which is adjacent to a residential neighborhood.
The I-2 district has no regulations regarding building materials. Therefore, this type of building
is considered acceptable within the district. JME has also indicated in their narrative that they
intend to fully comply with other building and code requirements.
B. ALTERNATIVE ACTIONS/RECOMMENDATION
No action is required on this item. It is only being brought to Council's attention due to the fact
that it is a relatively new type of building structure for the community and staff wanted to make
Council aware that ordinance regulations do allow for this type of building.
However, as part of the 2009 zoning ordinance update, the Planning Commission and City
Council may want to consider restrictions on these types of structures in I-1 and I-1 A districts.
The Commission and Council will also want to consider their possible use (or prohibition) in the
Public/Semi-Public District.
C. SUPPORTING DATA
A. Applicant Narrative
B. Sample Building Structure Images
C. Aerial Image of Proposed Site
D. I-2 (Heavy Industrial) Zoning District Regulations
CHAPTER 16
"I-2" HEAVY INDUSTRIAL DISTRICT
SECTION:
16-1: Purpose
16-2: Permitted Uses
16-3: Permitted Accessory Uses
16-4: Conditional Uses
16-5: Interim Uses
16-1: PURPOSE: The purpose of the "I-2," heavy industrial, district is to provide for
the establishment of heavy industrial and manufacturing development and use
which because of the nature of the product or character of activity requires
isolation from residential or commercial use.
16-2: PERMITTED USES: The following are permitted uses in an "I-2" district:
[A] Any use pennitted in the "I 1," light industrial, district.
[B] The manufacturing, compounding, assembly, packaging, treatment, or
storage of products or materials including: Breweries, cement, stone
cutting, brick, glass, batteries (wet cell), ceramic procucts, mill working,
metal polishing and platting, paint (pigment mfg.), vinegar works, rubber
products, plastics, meat packing, flour, feed grain milling, milling, coal or
tar asphalt distillation, rendering works, distillation of bones, sawmill,
lime, gypsum, plaster of paris, glue, size, cloth, and similar uses.
[C] Automobile assembly and major repair.
[D] Creamery and bottling plant.
[E] Adult Use/Principal. (#217, 1/13/92)
[F] Foundry.
16-3: PERMITTED ACCESSORY USES:
[A] Commercial or business buildings and structures for a use accessory to the
principal use but such use shall not exceed forty (40) percent of the gross
floor space of the principal use:
1. The parking requirements of Chapter 3, Section 5, are complied
with in full.
MONTICELLO ZONING ORDINANCE
2. The off-street loading requirements of Chapter 3, Section 6, are
complied with in full. (#438, 1/13/06)
[B] Interim Accessory Uses: The following are interim accessory uses in an I-2
district:
1. One temporary structure as an interim accessory use, subject to the
following conditions:
(a) The interim accessory structure is not to exceed 700 sq ft.
(b) The property owner(s) sign a development agreement with
the City controlling site development and use, including a
date upon which the interim use is to terminate.
(c) The termination date is established at a point not longer
than two (2) years following City Council approval.
(d) The property owner supply adequate security to ensure
removal of the interim structure and use upon reaching the
termination date.
(e) All other standards of the Monticello Zoning Ordinance are
met.
(f) Any Interim Accessory Use or Structure approved under
this section will not be considered to constitute an
expansion of apre-existing legal non-conforming use
where applicable.
(#241, 10/11/93)
16-4: CONDITIONAL USES: The following are conditional uses in an "I-2" district:
(Requires a conditional use permit based upon procedures set forth in and
regulated by Chapter 22 of this ordinance).
[A] All conditional uses allowed in an "I 1," light industrial, district.
[B] The following uses provided they meet all requirements of Chapter 3,
Section 2, of this ordinance are considered and satisfactorily met.
1. Auto wrecking, junk yard, used auto parts (open storage), and
similar uses.
2. Incineration or reduction or waste material other than customarily
MONTICELLO ZONING ORDINANCE
incidental to a principal use.
3. Poison, fertilizer, fuel briquettes.
4. Kilns or other heat processes fired by means other than electricity.
5. Creosote plant.
6. Acid manufacture.
7. Storage, utilization, or manufacture of materials or products which
could decompose by detonation.
8. Refuse and garbage disposal.
9. Commercial stock yards and slaughtering of animals.
10. Crude oil, gasoline, or other liquid storage tanks.
16-5: INTERIM USES: The following are interim uses in an "I 2" District (requires an
interim use permit based on the procedures set forth in and regulated by Chapter
22 of this ordinance):
[A] Outdoor storage of trucks and trucking equipment as an accessory use,
provided that:
1. A specified termination date is documented.
2. The applicable requirements of Chapter 3, Section 2, General
Building and Performance Requirements, are met.
3. The permit prohibits the parking of automobiles.
4. The permit specifies a gravel surface, suitable for the parking of
trucks.
5. The permit specifies that the intensity of visual screening shall be
related to the location and nature of the storage and the duration of
the interim use.
6. The permit specifies that appropriate setback of necessary fencing
and/or setback of storage shall be related to the location and nature
MONTICELLO ZONING ORDINANCE
of the storage and the duration of the interim use.
(#268, 5/8/95)
MONTICELLO ZONING ORDINANCE
Gary Anderson
City of Monticello Building Dept.
JME is considering a Cold Storage Facility on our
adjoining lot to 1401 Fallon ave.
The structure shall be a similar design and build of the
attached figures. Size to be determined as to Monticello
Building Codes and fit for JME.
JME is looking for an agreement to go forward and pursue
these plans on the fact that a Structure such as this can be
built at our location.
Thank you for your time.
Please contact myself with any questions:
Steve Hanson, JME
Cell: 612-269-4786
Office: 763-295-3122
stevehimeCtds.net
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Council Agenda: October 27, 2008
12. Consideration of approval of A Memorandum of Understanding between the City of
Monticello, Wright County and the YMCA outlining the phased purchase of the
Bertram Chain of Lakes (YMCA) property including provisions fora 1$/year lease
agreement for land needed in conjunction with development of an athletic complex. (JO)
A. REFERENCE AND BACKGROUND
The City Council is asked to consider adopting the attached Memorandum of Understanding which
describes a phased purchase and land lease arrangement between the City, County and YMCA. The
MOU has been approved in concept by the YMCA and has been reviewed and supported by
consensus by the Wright County Commissioners Committee of the Whole. Formal consideration of
the MOU by Wright County is slated for a future meeting. The following report is very similar to
the report provided to the City Council for the previous meeting and represents a conceptual
summary of the MOU.
The MOU was developed through discussions between the YMCA Task force and YMCA staff.
Elements of the MOU were presented and reviewed by City Council during the 2009 budget process
and in conjunction with a recent 2009 LCCMR grant application. Members of the YMCA Task
Force included Karla Heeter, Pat Sawatzke, Wayne Mayer and Clint Herbst, with staff support from
Jeff O'Neill, Angela Schumann and Mark lylattice.
As you recall, the concept for conducting a phased purchase stemmed from input from various State
of MN sources that noted improved chances for matching funds if the full purchase could be
implemented over a period of years. In response, the task force and YMCA have been working
together to come up with a formal arrangement allowing incremental purchase of the property. The
MOU under consideration proposes that Wright County (County) and the City of Monticello (City)
(Buyers) purchase a $3.6 million segment of the YMCA property. The area proposed for purchase
represents apro-rata share of the negotiated $20.5 million total purchase price and is based on land
values established by the County Assessor. This original purchase would also include a very
favorable City lease agreement granting the City the ability to plan and develop an athletic facility on
parcels 1 and 2 (see map).
Through all phases, the total value (100%) of the 1200 acre property remains at $20,500,000 until
2013. The term reflects two cycles of the State Bond Finance funding (2010 and 2012) and five
LCCMR funding cycles.
Please note that according to Marc Mattice, the recent approval of the constitutional amendment
resulting in monies set aside for natural resource preservation will likely result in acquisition of State
matching funds sooner versus later.
Phase One - 2008
Buyers purchase parcels SA and 6 for $3,600,000 m (17.56%), closing before December 31,
2008. This amount represents the sum of individual 1.2 Million contributions from the City,
County and State of Minnesota.
As with the original proposed funding program, Wright County will assist the City by funding
the City share with the City paying the county back over a period of time. Under the plan
approved by the County, the City is asked to by $550,000 now with the balance ($650,000) paid
via two $325,000 installments (2010 and 2011) The City leases parcels 1 and 2 for the
Council Agenda: October 27, 2008
development of an athletic complex with the term ending on December 31, 2013 with option to
buy at $2,439,500 (11.9%)
- It is my understanding that the County will also up-front future purchases for the City allowing
the City to pay-back the county over time. Future payment amounts not to exceed $475,00 per
year.
- Athletic and Bertram Lake Beach facilities planning to include parcel 8 with no development to
occur on 8 until purchase of 8 is made (Phase III)
- The City has sufficient funds in the Park Dedication and undesignated bond fund to support the
payments as proposed.
Phase Two - 2009:
- City and County to seek assistance from State via the bonding bill in funding purchase of the
balance of property via original formula. However;
- In event full funding is not available, Buyers and YMCA agree to sell segments including Parcels
1,2 and 7 if LCCMR matching funds are again made available as occurred in 2008. The
purchase in this phase will also include parcel 7 because of the high natural resource value
necessary for the LCCMR matching grant. (Parcels 1, 2 and 7 - $4,715,000 (23%). As a
reminder, a few weeks ago, the City/County applied for grant funds via this program for 2009.
- County will fund City share up front similar to funding of phase I. City annual payment remains
at $475,000. However, the term would be lengthened accordingly.
- The interest rate paid by the City would be favorable and equal to interest earnings that the
County would have otherwise obtained had the money been invested.
Phase Three - 2010
Buyer purchases parcels 8, 9, 10 and 12 for $3,239,000 (15.8%)
City and County would have access to swimming beach at this time.
YMCA moves Camp Manitou to 20 acres on the south side of Bertram Lake with a 99 year lease
agreement.
Phase Four:
- The take down of the remaining parcels in this order:
• Parcel s for $2,693,500 (13.14%)
• Parcel 4 for $4,018,000 (19.6%)
• Parcel 3 for $2,234,500 (10.9%)
Proposal features:
YMCA benefits
o The City and County are the best and most likely buyers at this time.
o Lease agreement will not have an adverse affect on any existing YMCA programming.
o The proposed concept shows the State that we are all serious about putting a deal together
to make the Bertram Regional Park a reality. The projected phasing allows the exchange
to occur based on availability of State matching funds.
o If the City and County do not spend the LCCMR money before the end of the year, they
will loose the funding and likely not be approved for additional funding.
o The YMCA will be provided 3.6 m, which can be put into other programs.
Council Agenda: October 27, 2008
o The ball fields and support structures could benefit the day camp program and summer
youth sports programs.
o The concept identifies designated park area, leaving the remaining areas clear for sale as
one contiguous piece in the event future segments are not purchase buy buyers for
whatever reason.
City/County Benefits
o City in position to plan and build athletic complex.
o City has access to needed athletic complex even though all matching funds go toward
purchase of passive park area.
o Funding arrangement with County enhances affordability for City by spreading cost over
a period of years at an attractive interest rate.
o Land is set aside at a set price for a period of years allowing phased purchase to occur
based on availability of matching funds.
o Potential opening of Bertram Lake access to coincide with Phase I purchase.
o A large portion of parcel 6 was somewhat unexpectedly identified as ahigh-ranking
natural area in conjunction with the Natural Resource Inventory in progress.
o The plan provides a logical and plausible path for obtaining State of MN assistance in
eventual total acquisition of the property.
o It is very likely that matching funds from the State of MN will be available by 2013 to
support the State Share of parcels 1,2 and 7 which means that it is unlikely that the lease
will run out before the City/County have the opportunity to buy this area with the help of
State matching funds.
BUDGET IMPACT
Sufficient funds are available in the Park Dedication and undesignated bond funds to support
payment of City share for the Phase I. In the future, in the event additional land is purchased in 2009
and beyond there are sufficient reserves to fund the total city share (5.75M) along with improvements
without an additional levy, however after reviewing other funding needs that could be supported by
reserves, Council may wish to consider raising funds through a bond referendum or through general
taxes.
It is proposed that the City conduct a public information meeting at 5:30 on December 1, 2008 for the
purpose of reviewing the MOU in detail along with a more detailed review of the financial
implications and options associated with this project. The actual closing on the land and City
expenditure of park dedication funds associated with this MOU would not occur until after the public
information meeting giving which gives the City Council to modify or change course if it so desires
based on input heard at that time.
If Council elects to approve the MOU, it is anticipated that athletic complex planning utilizing
minimal assistance from consultants would commence in the near future. The idea would be to put
together a working group comprised of a cross section of the community that would be highly
interested in cooperative development and operation of an athletic complex. As part of this process,
staff would be looking to State grant sources and other partnerships that could further the cause of
constructing a quality athletic complex supporting both local and regional tournament play.
B. ALTERNATIVE ACTIONS
Council Agenda: October 27, 2008
1. Motion to approve the attached MOU which outlines the phased purchase of the YMCA
property and a 1$/year lease agreement for land needed in conjunction with development of
an athletic complex. Final implementation of MOU and execution of purchase
agreement to be withheld pending Community Meeting on December 1, 2008.
Under this alternative, if also approved by the County, City and County staff will continue to
move forward in preparation of formal documents supporting the concept above, however
execution of the transaction to beheld off until final direction by Council slated to be considered
after the December 1 public meeting. The goal is to have documents in place and closing to occur
on Phase I prior to December 31, 2008 in order to secure State funding. This alternative selected
based on benefits noted above. Please note that State of MN funding program requires review by
an appraiser.
2. Motion to deny approval of concept noted above.
The majority of Council has supported this purchase in the past during more solid economic
times. Although the City has funds to purchase this phase, a position could be taken that this
expenditure should not be made at this time. On the other hand, 1 m in Park Dedication funds are
funds are available and dedicated for this purpose. These funds can not be used for anything else.
C. STAFF RECOMMENDATION
As with many complex projects, the route to achieving a goal is not always direct. If the City
Council continues to support the long term vision embodied in the Bertram Chain of Lakes project,
then the MOU above should be seriously considered as the most viable path for achieving the goal.
The plan results from considerable discussion between YMCA, City/County and State of Minnesota
officials taking into account the financial limitations, dreams and goals of these organizations. It is
also recognized that public input is an important component of the process and thus it makes sense to
provide a complete outline of the project and financial implications along with alternatives at the
Community Meeting scheduled for December 1 at 5:30
D. SUPPORTING DATA
A. Bertram Chain of Lakes 2008 Property Acquisition Map. Proposed MOU
MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF WRIGHT, THE CITY OF MONTICELLO
AND THE YOUNG MEN'S CHRISTIAN ASSOCIATION
OF METROPOLITAN MINNEAPOLIS
RE: YMCA/BERTRAM LAKE REGIONAL PARK PROJECT
The following is a Memorandum of Understanding (MOU) between the County of Wright,
(hereinafter referred to as "County"), the City of Monticello, (hereinafter referred to as "City"),
(both collectively referred to as "Buyers"), and the Young Men's Christian Association of
Metropolitan Minneapolis (hereinafter referred to as "YMCA" and as "Owner"). The purpose of
this Memorandum of Understanding is to establish certain of the terms, conditions and
responsibilities of the parties in the event the Buyers proceed to acquire certain land in
Monticello Township, for regional park purposes.
WHEREAS The YMCA, which owns certain real property in Monticello
Township, presently used for camp purposes, has an interest in
selling said property; and
WHEREAS The Buyers have an interest in acquiring said property for park purposes, natural
resource protection and open space protection; and
WHEREAS The County, the City and the YMCA, (Collectively, "the "Parties')
have agreed upon a total purchase price and a general structure for
the acquisition of the property in incremental transactions to be
completed prior to December 31, 2013;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
Relationship between the City and the County. The Buyers have determined between
themselves as to how they will cooperate in this transaction, including funding the
acquisition of as much of the YMCA property as possible, on a 50/50 share basis, using
matching grants whenever possible. The transaction described herein is the purchase of
the Property for the Purchase Price of $20,500,000.00. This memorandum does not
address future capital improvements which may include construction and improvement of
recreational facilities, including but not limited to, ball fields, playgrounds, campgrounds,
swimming beach, trails, support facilities such as comfort stations, concession area,
contact station, maintenance facilities, fishing piers, water accesses, and other amenities
desired by the public, as well as programs for control of invasive species, native plant
community restorations and other resource protection programs The cash purchase price
for Parcels SA, 6 and 11 shall be $3,600,000.00 (3.6 million dollars). ,with
$1,200,000.00 (1.2 million dollars) each coming from the County, the City and from
matching grant sources. For the initial purchase of land according to Sections 11 - 13, a
portion of the City's share may be paid by the County, with the City to reimburse the
County, with interest, until the County has been reimbursed in full.
2. Purchase Price. Subject to the conditions set forth herein, including but not limited to,
negotiation and execution of the definitive agreements for the incremental transactions
(the "Definitive Agreements") Buyers propose to purchase from Seller the Property for
the consideration described herein including the purchase price of twenty million five
hundred and no/100 dollars ($20,500,000.00) and the Camp Manitou Lease described
below.
3. Subiect Property. The Parties agree that the property which is the subject of this
agreement (the "Property") shall consist of the following tax parcels:
1. 213-100-084300
2. 213-100-084400
3. 213-100-091400
4. 213-100-092400
5. 213-100-162100
6. 213-100-164400
7. 213-100-171100
8. 213-100-171200
9. 213-100-172305
10. 213-100-173101
11.213-100-174100
12.213-100-174300
4. Determination of Value. The Parties have each commissioned third party independent
appraisals of the Property and separately analyzed and evaluated the value of the Property
as a unique parcel of unusual size and features. The parties recognize that the agreed
price is established as the fair market value and reasonable purchase price for the
proposed transaction described herein. The purchase price is based upon the value of
each parcel as a whole and is not based upon a "per acre" valuation. In addition to the
foregoing, the Parties have allocated the values for the parcels comprising the purchase
price to be paid in each of the incremental transactions for the acquisition of Property
5. Incremental Transactions. The Property will be acquired in multiple incremental
transactions, each the subject of a separate Definitive Agreement. Each transaction will
occur in the following order and will include such segments of the Property as are
identified below:
A) Parcels SA, 11 and 6
B) Parcels 1, 2 and 7
C) Parcels 8, 9, 10 and 12
D) Parcel s
E) Parcel4
F) Parcel3
The Camp Manitou Lease document shall be executed prior to the closing of transaction B
above.
6. Surveys/Legal Descriptions. Legal descriptions for the property will be supplied as
necessary for the acquisition process. The County agrees to provide said legal
descriptions and surveys, as needed, using the services of the County Surveyor. The
parties have reviewed records indicating the approximate acreages of the parcels involved
in this transaction and understand those quantities are only approximate and that precise
acreages can only be determined with a survey.
7. Formal Purchase Agreement. Prior to each incremental purchase of property, the
parties shall enter into a formal purchase agreement setting out the terms of the purchase.
Each of the incremental transactions shall be subject to the negotiation and execution of
the definitive agreements in all respects acceptable to Seller, Buyer and their respective
legal counsel, which reflects the provisions of this Agreement and contains such other
representations, warranties, covenants, and provisions as are customary to such
agreements in accordance with standards of the industry and reasonably necessary to
effect the transactions contemplated herein; Seller shall not, however, be required to
make any representations or warranties concerning the Property or its condition or any
other matter with respect to this transaction. [Need further discussions]
8. Access Prior to Purchase. Buyer may conduct its due diligence as Buyer determines is
reasonable and prudent with respect to the Property, title to the Property, governmental
regulations, environmental conditions and impacts, and such other matters as are
customary in transactions of the nature contemplated herein. Seller has advised Buyers
of an historic gasoline release on the Property in order that Buyers may evaluate that
incident in their due diligence, however, Seller shall not be required to make any
representations or warranties concerning the Property or its condition or any other matter
with respect to this transaction.
1. Upon reasonable notice to the YMCA, Buyers and Buyers' authorized agents
as approved by Seller, shall have the right to enter in and upon the Property in
order to make, at Buyers' expense, surveys, measurements, soil tests and other
tests that Buyers shall deem necessary.
2. Buyers agree to repair any disturbance to the Property and to restore any
resulting damage to the Property. Such repair and restoration shall be done as
soon as practicable and completed to Sellers satisfaction. Buyers agree to
indemnify, hold harmless and defend the YMCA from any .cost or expense
any nature whatsoever, including, without limitation, claims of third parties,
arising from Buyers' right of entry hereunder, including all actions,
proceedings, demands, assessments, costs, expenses and attorneys' fees.
Buyers shall not perform any invasive testing of the Property without Seller's
prior written consent.
3. Buyers shall provide to the YMCA a copy of any such surveys,
measurements, soil tests or other tests within ten (10) days after receipt.
4. Any agent of Buyers intending to obtain access to the Property hereunder shall
first present to Seller for its approval evidence of competence and insurance
coverage. Buyers' agents may not enter the Property until Seller's approval of
such evidence has been obtained. Seller agrees not to unreasonably withhold
consent and approval..
9. Deed/Marketable Title. For each purchase of land the YMCA shall execute and deliver
a Limited Warranty Deed, conveying good and marketable. title of record to Buyers as
tenants in common, subject to only to the following exceptions (collectively, "Permitted
Exceptions"):
a. Building and zoning laws, ordinances, state and federal regulations;
b. Exceptions to title which constitute encumbrances, restrictions, or easements of
record.
c. Such further matters as shall be agreed between Seller and Buyers.
10. Total Cash Price. The cash price to be paid by the Buyers to the YMCA for all 12
parcels is $20,500,000.00 (20.5 million dollars). For purposes of this agreement and the
transaction herein described the parcels and values are as follows:
Parcel P.I.D Land
Acres Water
Acres Percentage
of Value Purchase Price
1 213-100-084300 40.17 0 5.90% 1,209,500.00
2 213-100-084400 39.89 0 6.00% 1,230,000.00
3. 213-100-0091400 203.03 2.33 10.90% 2,234,500.00
4 213-100-092400 132.75 23.96 19.60% 4,018,000.00
5 213-100-162100 203.95 77.61 13.14% 2,693,700.00
5A and
11 213-100-162100
213-100-174100 104.33
0.34 39.7
0 12.26% 2,513,500.00
6 213-100-164400 174.64 0 5.30% 1,086,500.00
7 213-100-171100 121.09 48.23 11.10% 2,275,500.00
8 213-100-171200 34.2 7.95 10.20% 2,091,000.00
9 213-100-172305 9.57 46.27 0.20% 41,000.00
10 213-100-1173101 9.81 32.37 0.90% 184,300.00
12 213-100-174300 41.87 0.33 4.50% 922,500.00
11. Initial Purchase. The initial purchase of land will involve Parcels SA, 6 and 11 as
described in paragraphs 5 and 10 above.
12. Initial Purchase Price. The cash purchase price for Parcels SA, 6 and 11 shall be
$3,600,000.00 (3.6 million dollars). ,with $1,200,000.00 (1.2 million dollars) each
coming from the County, the City and from matching grant sources.
13. Initial Closing Date. The purchase of Parcels SA, 6 and 11 shall close by December 31,
2008.
14. Access to Parcel 5. The sale of Parcels SA, 6, and 11 shall reserve access to 90th street
northeast or another public right of way serving all of Parcel 5 sufficient to establish a
public street.
15. Term of Future Purchase Option. The YMCA agrees to keep the entire Subject
Property available for purchase by the Buyers until December 31, 2013. The parties may
extend this term by written agreement. During this term or any extension thereof, the
YMCA agrees that it will not market the Subject Property in any way, nor will it solicit
potential purchasers other than Buyers for said property.
16. Lease of Parcels 1 and 2. The Buyers may have the right to lease all or any portions of
Parcels 1 and 2 beginning in 2009. Any such lease may be in favor of the Buyers or the
City separately as lessee, shall be executed simultaneously with the closing of the
purchase of Parcels SA 6, and 11. Such lease shall. be a triple net lease and provide for
nominal rent of $1.00 (one dollar) per year and other good and valuable consideration,
with any lease to be reduced to writing and agreed by all parties. During the term of any
such lease, The City, at its own cost, shall be entitled to make improvements on any
leased property for the purpose of athletic fields and other recreational activities. Any
such improvements shall be considered fixtures and become part of the real property.
17. Purchase of "Improved Property". As consideration for the lease described in
paragraph 16, the Buyers shall have the option to purchase Parcels 1 and 2. If necessary,
closing for said purchase may be delayed up to and including April 1, 2014.
18. Agricultural Lease by YMCA. Any areas leased by Buyers pursuant to Section 16
above, but not currently used or improved by the Buyers as of December 31 in any
calendar year, will be rented out for agricultural purposes during the next growing
season, with rents payable to the YMCA.
19. Leaseback For Camp Purposes. Buyers agree that the conveyance of the Property shall
be subject to a retained lease in favor of the YMCA (the "Camp Manitou Lease"), of such
portions of the Property currently used by it for camp purposes, so that the YMCA can
continue to provide day camp opportunities to youth, for a period of 99 years. The
purpose of the lease arrangement is to facilitate collaboration in programming and use of
facilities. The area currently used in the YMCA programs includes facilities located in
Parcels 7, 8, and 12 and a network of trails throughout the Property. It is understood that
as the transactions contemplated herein occur that the leased premises upon which the
facilities will be located will be reconfigured to include the minimum parameters:
A. 20 acre site for buildings and facilities
B. Shoreline riparian to Bertram lake containing a swimming beach
C. An additional 10 acres of seasonal pasture area for keeping horses
D. Access to use of park facilities for trail purposes of horseback riding (three miles of
trail), hiking and cross country skiing
E. Where feasible a location for continuation of the NYPUM school participation
program.
The details of such lease and specific areas to be so occupied is to be defined and any
terms of lease determined by a separate written agreement between the parties prior to
the completion of the Buyers' acquisition of any portion of parcels 7, 8 or 12. Any
improvements to the day camp area under such leases would be the responsibility of the
YMCA..
20. Use of Subject Property By Third Parties. Any activities and use of any portion of the
Subject Property by third parties already planned and scheduled within one year from the
date of any purchase agreement between the parties shall be permitted to take place, with
any rental or fees payable to the YMCA, provided adequate insurance is first obtained.
21. Entire Agreement/Modification. This Memorandum of Understanding supersedes any
prior oral or written agreements between the parties, and may be modified or amended
only by a written instrument signed by representatives of all parties.
Dated: COUNTY OF WRIGHT
Chairperson, County Board
County Coordinator
Dated:
Dated:
CITY OF MONTICELLO
Mayor
City Administrator
THE YMCA OF MINNEAPOLIS
YMCA CEO
YMCA Vice President
Bertram Chain of Lakes
u 2008 Acquisition
W~
May, Zoos The YMCA of Metropolitan Minneapolis
s
Feet 1250.37 Acres = 12 Parcels
0 400 800 1,600
Q 2008 Acquisition
Q YMCA Owned ~c
Qearea try. Nhgnt County GiS. ORCe W the County Surveyor