City Council Agenda Packet 05-10-2010AGENDA
REGULAR MEETING – MONTICELLO CITY COUNCIL
Monday, May 10, 2010 – 7 p.m.
Mayor: Clint Herbst
Council Members: Tom Perrault, Glen Posusta, Brian Stumpf, Susie Wojchouski
1. Call to Order and Pledge of Allegiance
2A. Approval of Minutes – April 26, 2010 Regular Meeting
3. Consideration of adding items to the agenda
4. Citizen comments, public service announcements and Council updates
a. Citizen Comments:
b. Public Service Announcements:
1) Farmer’s Market (5/13)
2) Open House Zoning Ordinance Draft (6/1)
c. Staff Updates:
5. Consent Agenda:
A. Consideration of approving new hires and departures for City departments
B. Consideration of approving appointment of Cathy Shuman as Deputy City Clerk
C. Consideration of approving Henry's Catering as a liquor provider for the
Community Center banquet facilities for 2010/2011
D. Consideration of approving evening work hours for Mn/DOT’s TH 25 Pavement
Preservation project
E. Consideration of approving an increase in the number of cash drawers for the
DMV
F. Consideration of adopting Cable Franchise Ordinance #514 for FiberNet
Monticello and approval of Summary Ordinance #514A for publication
6. Consideration of items removed from the consent agenda for discussion
7. Consideration of adopting Resolution #2010-28 calling for a Public Hearing for Walnut
Street amendment to 2010 Street Reconstruction, City Project No. 10C001
SPECIAL MEETING
6:00 p.m. Closed Meeting (Litigation)
8. Consideration of approving the Second Addendum to the Memorandum of Understanding
between Wright County, City of Monticello and YMCA of Minneapolis and approval of a
purchase agreement for the Phase II acquisition at the Bertram Chain of Lakes Regional
Park
9. Consideration of filling a vacancy on the FiberNet Advisory Board
10. Added Items
11. Approve payment of bills for May 10th
12. Adjournment
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5A. Consideration of approving new hires and departures for City departments (TE)
A. REFERENCE AND BACKGROUND:
The Council is asked to ratify the hiring and departures of employees that have occurred
recently in the departments listed. It is recommended that the Council officially ratify the
hiring/departure of all listed employees including part-time and seasonal workers.
A1. Budget Impact: (positions are generally included in budget)
A2. Staff Work Load Impact: If new positions, there may be some training
involved. If terminated positions, existing staff would pick up those hours, as
needed, until replaced.
B. ALTERNATIVE ACTIONS:
1. Motion to ratify the hire/departures of the employees as identified on the attached
list.
2. Motion to deny the recommended hires and departures.
C. RECOMMENDATION:
By statute the City Council has the authority to approve all hires/departures. City staff
recommends Alternative #1, for the Council to approve the hires and/or departures as
listed.
D. SUPPORTING DATA:
List of new/terminated employees
Name Title Department Hire Date Class
Jaymon DeMarais Water and Sewer Worker Water & Sewer 6/1/10 Seasonal
Rebecca Scheller Deputy Registrar Clerk DMV 5/3/10 PT
Thaddaeus Rousu CO/HE Technician FNM 5/10/10 FT
Brent Stauffer Field Operations Technician FNM 5/10/10 FT
Bryan Rabe Installation Technician FNM 5/10/10 FT
Name Reason Department Last Day Class
Jenna Gullickson Voluntary MCC 4/30/10 PT
Karly Kraemer Voluntary MCC 4/30/10 PT
Jolynn Emmel Voluntary MCC 4/30/10 PT
Beth Pennington Voluntary MCC 4/30/10 PT
NEW EMPLOYEES
TERMINATING EMPLOYEES
5A Council_employee list 2010: 5/6/2010
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5B. Consideration of approving the appointment of Cathy Shuman as Deputy City Clerk (JO)
A. REFERENCE AND BACKGROUND:
City Council is asked to approve the appointment of Cathy Shuman as Deputy City
Clerk, a position that carries out many of the duties of a city clerk. Jeff O’Neill serves as
both City Administrator and City Clerk under the Monticello City ordinances. In order to
perform the many required duties of the city clerk, the City has elected, to appoint a
deputy clerk to carry out many of the clerk functions under the direction of the City
Clerk.
The previous Deputy City Clerk, Dawn Grossinger, who was appointed in 1999, retired
in June of 2009. At that time, Cathy Shuman was assigned to cover the majority of
Dawn’s responsibilities on an interim basis, while City Administration determined the
best outcome for the position of Deputy Clerk. In January, Cathy’s position was
reviewed and it was recommended that she take over the major part of the Deputy Clerk
duties. Cathy’s title has been updated to “Deputy Clerk/Project Coordinator,” which
recognizes the responsibilities of Deputy Clerk in addition to the other duties she
performs in her job description. It should be noted that the appointment would not move
this position to a higher grade on the salary schedule.
State laws define the general duties of a City Clerk. By appointing a deputy clerk, any of
those duties can be delegated upon appointment and approval by Council. For example,
Chapter 412.151 states that the clerk shall give the election notices, record all council
proceedings, keep the minute and ordinance books, post and publish notices and more. In
the election statutes, the full-time Clerk is in charge of the election process and
administers the absentee ballot voting. In Monticello, the record-keeping, minute-taking,
filing, official publications, and election duties have been delegated to the position of
Deputy City Clerk, and would be officially granted with an appointment to this position.
A1. Budget Impact: None
A2. Staff Workload Impact: None
B. ALTERNATIVE ACTIONS:
1. Motion to approve the appointment of Cathy Shuman as Deputy City Clerk.
2. Motion to deny the appointment.
C. STAFF RECOMMENDATION:
City staff recommends Alternative #1. With the 2010 election process starting, as well as
the many clerk functions already being performed, it is recommended to appoint Cathy to
the position of Deputy City Clerk. This essentially is a formality and makes her officially
the Deputy Clerk to match the duties in her job description.
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D. SUPPORTING DATA:
MN Statutes – Duties of Clerk
Monticello City Ordinance 1-6-32 – Administrator (combined with Clerk)
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5C. Consideration of approving Henry's Catering as a liquor provider for the
Community Center banquet facilities for 2010/2011 (KB)
A. REFERENCE AND BACKGROUND:
With the loss of Crostini’s Grille in Monticello, we not only lost a great local restaurant,
but the community center lost one of its preferred caterers/liquor providers. For our
preferred Caterer list, we have found that maintaining a list of six preferred
caterers/liquor providers is optimal for proving our customers with the appropriate
amount of variety and pricing options without having to call an overly large number of
vendors to find the service that they want. To bring our preferred caterer list back up to
six vendors, we’d like to add back a former caterer, Henry’s Catering out of Foley
Minnesota.
Henry’s Catering was on our list for 2008 and 2009, however, it did not appear they were
receiving a lot of calls for business at our facility. In reality since weddings are planned
so far in advance, 12 to 24 months, it just took some time for their name to become
known and to then book business. They are a well established business and provide
excellent food and service to their customers.
No other local restaurant submitted their name to be considered for our preferred
caterer’s list besides Cornerstone Café and Crostini’s Grille.
A1. Budget Impact: Each of our caterers and liquor providers are required to pay a
fee based on a percentage of the total food bill as well as a bar set up fee. This fee
provides the caterer/liquor provider usage of the facility and equipment as well as
promotion on our preferred caterers list. The community center has revenue
budgeted for 2010 in the amount of $12,000 for fees from the caterers and liquor
providers.
A2. Staff Workload Impact: Our Event Coordinator, Tricia Menth, and our Wedding
Event Hosts work closely with our caterers before and during events. The staff
workload impact otherwise is relatively low.
B. ALTERNATIVE ACTIONS:
1. Motion to approve the inclusion of Henry’s Catering as a liquor provider for the
community center for 2010 and 2011.
2. Motion to deny the inclusion of Henry’s Catering as a liquor provider for the
community center.
C. STAFF RECOMMENDATION:
City staff recommends alternative number one to ensure a well-rounded list of approved
caterer/liquor providers through the year 2011.
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D. SUPPORTING DATA:
Caterer’s Permit
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5D. Consideration of approving evening work hours for Mn/DOT’s TH 25 Pavement
Preservation project (BW)
A. REFERENCE AND BACKGROUND:
Following the Labor Day holiday weekend, Mn/DOT will begin working on a Pavement
Preservation project on TH 25 between Interstate 94 and the Mississippi River Bridge.
The project will consist of milling and overlaying the existing pavement section,
replacing various damaged sections of curb and gutter, replacing damaged sidewalk
panels, constructing ADA compliant pedestrian curb ramps, and restriping the pavement,
including pedestrian crosswalk markings across City side streets with pedestrian facilities.
Mn/DOT has informed City staff that they would like to complete as much of the work as
possible during the evening and early morning hours in order to minimize impacts to
traffic and increase the level of safety for workers on site. In order to do so, Mn/DOT
must first incorporate this requirement into the project plans and specifications before
advertising for bids. The City Council is therefore being asked to consider approving the
general concept of allowing work to occur outside of the specified work hours per City
codes. Both the City Code for General Offenses and the Zoning Code restrict
construction activities from commencing prior to 7:00 AM, Monday through Saturday.
City code calls for a 10:00 PM end time, while the Zoning Code requires ceasing work
activities at 9:00 PM.
If Council supports and approves Mn/DOT’s request to allow night work during the TH
25 Pavement Preservation project, the contractor who is awarded the project will still be
required to approach Council to request a temporary construction permit prior to
beginning their work. As part of their request, the contractor will be required to present
their work schedule and plans for completing the work at night, including their proposed
work dates and hours, and any provisions for detours, lane shifts, lane closures, etc. At
that time, Council will be able to ask specific questions and make specific requests of the
contractor prior to approving the permit.
Staff supports Mn/DOT’s request to allow night work hours on TH 25 this fall. This
support is based on the traffic congestion issues that were witnessed during the mill and
overlay of TH 25 between the Mississippi River and Big Lake last fall. Since the
properties adjacent to TH 25 between Interstate 94 and the Mississippi River Bridge are
zoned CCD, they should not be adversely impacted by the noise generated during such
work during the evening and early morning hours.
A1. Budget Impact: No budget impacts are anticipated.
A2. Staff Workload Impact: No staff workload impacts are anticipated, unless staff
needs to be called in during the evening or early morning hours.
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B. ALTERNATIVE ACTIONS:
1. Motion to approve evening work hours for Mn/DOT’s TH 25 Pavement Preservation
project this fall, based on the following conditions:
a. The approval is limited only to work occurring within the right-of-way of TH 25.
b. Before beginning any work on the project the contractor must address the City
Council as noted above to obtain a temporary construction permit.
c. A minimum of 2 weeks before the work is to begin the contractor must provide a
letter of notice to all property owners within 300 feet of the proposed work
defining their proposed work tasks, hours and schedule.
2. Motion to deny approval of evening work hours for Mn/DOT’s TH 25 Pavement
Preservation project this fall.
C. STAFF RECOMMENDATION:
City staff recommends approval of Alternative Action No. 1, with the conditions noted,
based on the finding that the proposed use is temporary in nature, is generally consistent
with the existing use, and supports a public infrastructure project.
D. SUPPORTING DATA:
None
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5E. Consideration of approving an increase in the number of cash drawers for the DMV
(TK)
A. REFERENCE AND BACKGROUND:
Generally the DMV has cash on hand for each employee (cash drawer). Staff is asking
Council to approve a cash drawer for a new additional part-time employee start at the
DMV on May 3rd. By providing each employee with her own cash drawer it is much
easier to balance the drawer at the end of each shift, as errors can be traced to the
individual making the error. The amounts of the drawer are not published for safety
purposes.
A1. Budget Impact: The increase of an additional cash drawer will remove funds
from savings and investment, which would earn interest, but that interest is very
minimal.
A2. Staff Workload Impact: There would be minimal staff impact and would
maintain the easy of balancing cash drawers at the end of shifts.
B. ALTERNATIVE ACTIONS:
1. Motion to approve the increase the number of DMV cash drawers by one.
2. Motion to deny the increase to the DMV cash drawers.
C. STAFF RECOMMENDATION:
City staff recommends Alternative #1 to approve the increase the number of cash drawers
by one at the DMV to maintain the ease of balancing cash drawers at the end of shifts.
D. SUPPORTING DATA:
None
City Council Agenda: 05/10/10
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5F. Consideration of adopting Cable Franchise Ordinance #514 for FiberNet Monticello and
approving Summary Ordinance #514A for publication (JJ, JO, DP)
A. REFERENCE AND BACKGROUND:
At the April 26th meeting, Council held a public hearing to grant a cable franchise to
FiberNet Monticello. Under MN State Statutes Chapter 238, a cable franchise agreement
must be presented for approval at least 7 days after the public hearing. At this meeting,
Council is asked to adopt Ordinance #514 which outlines the cable franchise agreement
for the City of Monticello dba FiberNet Monticello.
In keeping with the state requirement that no agreement can have terms and conditions
more favorable or less burdensome than an existing agreement, Attorney Joel Jamnik
crafted the FiberNet Cable Franchise Ordinance to be almost identical to the Cable
Franchise Ordinance that was approved with Charter Communications five years ago.
This does not limit FiberNet from exceeding the provisions as stated in the ordinance.
General Manager Don Patten indicated that they will be able and are planning to provide
services above and beyond the requirements covered in the ordinance.
The proposed ordinance outlines the ability for FiberNet to build a cable system and offer
cable service, sets a franchise term of 15 years, and establishes the service area as the
corporate boundaries of the City. There are sections describing the system capacity,
community service programming, drops and services to public buildings, and provisions
related to franchise fees.
The FiberNet Cable Franchise Ordinance has been sent to the Sherburne Wright Cable
Commission members for their review and will be presented at the May 6th Commission
meeting for their approval. We anticipate approval with no changes. However, if there
should be a request for any changes, that would be forwarded to our City Attorney for
review and brought to Council on Monday night. Any approved changes would be
incorporated into the final ordinance document.
Council is also asked to adopt the Summary Ordinance #514A which will be used for
publication of the cable franchise ordinance as required by law.
A1. Budget Impact: Minor costs related to publication of ordinance.
A2. Staff Workload Impact: None.
B. ALTERNATIVE ACTIONS:
Decision 1
1. Motion to adopt Cable Franchise Ordinance #514 for the City of Monticello dba
FiberNet Monticello.
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(This would include any changes recommended by the Wright Sherburne Cable
Commission and approved by City Council.)
2. Motion to deny adoption of Cable Franchise Ordinance #514.
Decision 2
1. Motion to adopt Summary Ordinance #514A for publication of the Cable Franchise
ordinance granted to City of Monticello dba FiberNet Monticello.
2. Motion to not adopt the Summary Ordinance for publication.
C. STAFF RECOMMENDATION:
City staff recommends Alternative #1 for both Decision 1 and 2 to adopt the ordinance
for the FiberNet Cable Franchise and approve the summary ordinance for publication.
This ordinance would take effect upon publication.
D. SUPPORTING DATA:
Ordinance #514 – Cable Franchise for City of Monticello dba FiberNet Monticello
Ordinance #514A – Summary Ordinance
City of Monticello Ordinance 514 1
CITY OF MONTICELLO, MINNESOTA
ORDINANCE NO. 514
AN ORDINANCE GRANTING A FRANCHISE TO THE CITY OF
MONTICELLO D/B/A OR OPERATING AS FIBERNET MONTICELLO
TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM
AND PROVIDE CABLE SERVICE IN THE CITY OF MONTICELLO,
MINNESOTA.
RECITALS
1. This Cable Franchise Ordinance (“Franchise”) is made and entered into by
and between the City of Monticello, a municipal corporation of the State of
Minnesota (“City”) and the City of Monticello d/b/a FiberNet Monticello, a
municipally owned public utility and public service enterprise (“FiberNet”).
2. FiberNet Monticello was created by the City to provide telecommunications
services to City residents and businesses pursuant to Minnesota Statutes
Chapter 237, in particular §237.19, and its activities are governed by the City
Council and City Code Title 2, Chapter 9.
3. Pursuant to Minnesota Statutes Chapter 238 , in particular §238.08 and City
Ordinance No. 419 (“Cable Ordinance”), the City is authorized to grant and issue
a non-exclusive franchise authorizing FiberNet to provide cable service and
construct, operate, and maintain a cable system in the City subject to Chapter
238 to the same extent as any nonpublic cable communications system.
4. Upon evaluation of FiberNet’s technical, financial, legal qualifications,
completion of franchise negotiations, and as a result of a public hearing, the City
finds that it is in the best interests of the City and its residents to grant and issue
the Franchise to FiberNet Monticello.
5. This Franchise is nonexclusive and is intended to comply with applicable laws
and regulations. Any applicable requirement established by Minn. Stat. 238.084
or other state or federal law not expressly incorporated in this Franchise shall be
deemed incorporated by reference as though fully set forth herein.
6. This Franchise is not intended to grant a f ranchise to FiberNet on terms that
are more favorable or less burdensome than those in the existing cable franchise
with Charter Communications or any future franchisee. Should Charter
Communications or any future franchisee believe that any cable franchise issued
by the City is more favorable or less burdensome than those in an existing
franchise, that franchisee shall have the right provided by Ordinance 419 to
City of Monticello Ordinance 514 2
petition the City Council for franchise amendments to relieve the franchisee of
provisions making its franchise less favorable or more burdensome. Those
proposals may include requests for amendments to either their franchise or this
Franchise, and the City Council reserves the right to amend this ordinance or to
seek to amend other franchise ordinances to comply with this standard.
THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS:
SECTION 1. GENERAL PROVISIONS
Section 1.1 Definitions.
Unless otherwise defined herein, the terms, phrases, and words contained in this
Franchise have the meaning provided in the Cable Ordinance. Terms, phrases
and words contained in this Franchise that are not defined here or in the Cable
Ordinance will have their normal and customary meaning.
Section 1.2 Written Notice.
All notices, reports, or demands required to be given in writing under this
Franchise or the Cable Ordinance must be delivered personally to the General
Manager of FiberNet or the City Administrator or deposited in the United States
mail in a sealed envelope, with registered or certified mail postage prepaid
thereon, addressed to the party to whom notice is being given, as follows:
If to City: City of Monticello
Attn: City Administrator
505 Walnut Avenue, Suite 1
Monticello, Minnesota 55362-8822
With copies to: Chair, Sherburne/Wright Counties Cable
Communications Commission
c/o City of Buffalo
212 Central Avenue
Buffalo, Minnesota 55313
If to FiberNet: FiberNet Monticello
Attn: General Manager
118 Sixth Street West
Monticello, Minnesota 55362-8822
Such addresses may be changed by either party upon notice to the other party
given as provided in this Section.
City of Monticello Ordinance 514 3
SECTION 2. GRANT OF FRANCHISE
Section 2.1 Grant.
a. FiberNet is authorized to erect, construct, operate and maintain in,
along, across, above, over and under the rights-of-way, now in existence and as
may be created or established during the term of this Franchise any poles, wires,
cable, underground conduits, manholes, and other conductors and fixtur es
necessary for the maintenance and operation of a Cable System in the City.
Nothing in this Franchise shall be construed to prohibit FiberNet from offering
any service over its Cable System that is not prohibited by federal, state or local
law.
b. This Franchise is granted pursuant to the Cable Ordinance. By
accepting this Franchise, FiberNet agrees to be bound by the terms of the Cable
Ordinance and this Franchise. In the event of any conflict between the
provisions of this Franchise and the Cable Ordinance, the provisions of this
Franchise shall govern.
c. This Franchise shall be nonexclusive and City may grant additional
franchises at any time. The City will not grant an additional f ranchise on terms
and conditions more favorable or less burdensome than those in this Franchise.
The City may impose additional terms and conditions in any additional franchise.
d. In the event the City grants an additional franchise that FiberNet
believes is more favorable or less burdensome than in this Franchise, FiberNet
shall have a right to petition for franchise amendments to relieve FiberNet of
provisions making its Franchise less favorable or more burdensome. FiberNet
shall file a petition that:
1. Identifies the competitor(s);
2. Identifies the basis for FiberNet’s belief that certain
provisions of the additional f ranchise are more favorable or
less burdensome than its existing Franchise;
3. Identifies the franchise provisions to be amended.
Section 2.2 Franchise Term.
This Franchise will be in effect for a period of fifte en (15) years from the date of
acceptance by FiberNet, unless sooner renewed or revoked.
Section 2.3 Service Area.
a. This Franchise is granted for the corporate boundaries of the City, as it
exists from time to time, subject to the density requirement of S ection 2.3.b
City of Monticello Ordinance 514 4
below. The City will notify FiberNet in writing in the event the City annexes any
areas that FiberNet will be required to serve.
b. FiberNet will extend its Cable System and offer cable service, within a
reasonable time, after a request for service, to areas with a density of at least
nine (9) residential units per one-quarter (1/4) cable mile of system, as measured
from the nearest Cable System trunk line or distribution cable as o f the date of
such request for service. Where the density is less than that specified above,
FiberNet may require that persons requesting service pay a portion of the cost of
the capital cost of the line extension in advance. FiberNet shall provide a free
written estimate of the total cost for extension and the requi red payment amount
within fifteen (15) days of the request for service. The charge for i nstallation or
extension for each person requesting service shall not exceed a pro rata share of
the actual cost of extending the service. Subscribers shall also be responsible
for any standard/non-standard installation charges to extend the Cable System
from the tap to the residence.
SECTION 3. SYSTEM
Section 3.1 System Capacity.
FiberNet will operate a Cable System providing a minimum of at least 75 video
programmed channels throughout the term of this Franchise. The Cable System
must have return capability and permit “narrowcasting” as provided in Section
4.2(c) unless sufficient channels are available as specified in that Section.
Section 3.2 Construction Deadline.
Except for FiberNet’s Cable System extension obligations pursuant to Section
2.3, system construction is substantially complete. Exc ept as otherwise required
by a Right-of Way Ordinance, FiberNet will use best efforts to complete any
Cable System extension and construction of new facilities for new developments
contemporaneous with installation of other utilities. The City shall provide
reasonable and timely advance written notice of the location of all new
developments to FiberNet.
SECTION 4. COMMUNITY SERVICES
Section 4.1 Commercial Video Programming.
FiberNet will provide broad categories of video programming, including news,
sports and entertainment.
Section 4.2 PEG Access Facilities.
a. Access Channels. FiberNet must dedicate a minimum of two (2)
channels for PEG Access programming. The two (2) PEG Access Channels
City of Monticello Ordinance 514 5
must be cablecast on the Basic Cable Service tier. All subscribers who receive
Cable Services offered on the Cable System must receive the PEG Access
Channels at no additional cha rge. The VHF spectrum must be used for the
provision of at least one (1) of the PEG Access Channels. Nothing herein shall
diminish the City’s rights to secure additional channels pursuant to Minn. Stat. §
238.084, Subd. 1(z), and applicable FCC regulations.
b. Responsibility for PEG Access. The City will operate, administer, and
manage PEG Access programming pursuant to this Section 4.2. The City will be
responsible for the channel currently used for public access programming. The
City may delegate its PEG Access authority and responsibilities to the
Commission. FiberNet acknowledges that the Commission may coordinate the
expenditure of Franchise Fees and PEG Capital Fees by and among the
Commission’s member municipalities. Nothing herein shall obligate the City to
make equipment or channels available for public access programming or to any
particular programmer.
c. Narrowcast. If in the future FiberNet serves areas outside the City, a t
least one (1) PEG Access Channel must permit the City to provide “narrowcast”
programming of events; i.e. permits a program to be cablecast on suc h channel
for viewing solely by City residents while residents in adjoining townships or cities
served by FiberNet simultaneously view other programming on that channel. This
provision may be waived by the City if FiberNet provides sufficient channels to
allow all served areas to view all programmed events.
d. Live Origination. FiberNet must ensure that live programming may be
originated and cablecast from the public institutional site s listed in Exhibit A
attached hereto provided however, that FiberNet shall only be required to pay
the cost of the first one hundred and fifty (150) feet of any new system
construction necessary to permit live origination at such site and shall not be
required to provide end-user equipment. The City may designate additional live
programming sites. The City shall pay any additional, actual construction cost s
prior to additional construction and shall be responsible for the provision of end -
user equipment. FiberNet must ensure that the system meets the technical
standards attached hereto as Exhibit B at all live origination sites. FiberNet must
further ensure that the City can “narrowcast” programming originated from all of
the sites designated pursuant to this paragraph unless FiberNet provides
sufficient channels to allow all served areas to view all programmed events.
e. PEG Access Capital Support. In addition to the requirements of
Section 4.2(a)-(d) above, the City may require FiberNet to collect and remit a
PEG Capital Fee of up to eighty-five cents ($.85) per subscriber, per month to
support community programming. FiberNet shall remit such payments on the
same schedule as the Franchise Fee. All amounts paid shall be subject to audit
and recomputation and acceptance thereof does not constitute an accord that
amounts paid are correct. FiberNet must be notified in writing on or before
October 1st of the amount of the PEG Capital Fee to be effective on January 1 st
City of Monticello Ordinance 514 6
of the following year. If the City fails to provide the written notification required
herein by October 1st, then the PEG Capital Fee for the following calendar year
shall remain as set the previous year. FiberNet may itemize any PEG Capital
Fee on subscriber’s bills. Payment by FiberNet must be separate from and in
addition to any Franchise Fee. The City, FiberNet and other cable franchisees
shall jointly fund and sponsor a subscriber survey approximately during the fifth
and tenth years of the franchises for the purpose of assessing subscriber
satisfaction with PEG Access programming and the le vels of financial support
that subscribers are willing to provide. Upon completion of the survey, the City
and FiberNet shall meet to discuss the level of support for PEG Access
programming and enter into good faith discussions regarding revisions to this
Section that may be appropriate in light of the survey.
f. Use of PEG Capital Fee. The City and FiberNet agree that the City will
expend the PEG Capital Fees solely for capital costs (consistent with GA AP)
associated with PEG Access. Historically the City has provided, on an annual
basis, substantial financial support for PEG Access programming. In
consideration for FiberNet’s obligation to remit the PEG Capital Fee, the City
agrees to provide financial support for PEG Access that is equivalent to the
amount of PEG Capital Fees collected and provided to the City. By March 31 st
of each year, the City shall provide FiberNet with an annual report of any
expenditures of the PEG Access Capital Fee to insure such fees are used for
capital costs related to PEG Access. The annual report shall also demonstrate
how the City fulfilled its requirement to provide matching support for PEG
Access. Based on the report, FiberNet may send a written notice to the City
alleging that the City failed to demonstrate that the PEG Capital Fee was used
for capital or that matching PEG Access support was provided. The City shall
have thirty (30) days after receipt of the written notice to provide additional
information demonstrating compliance with the requirements of this Section. If
FiberNet continues to allege that the City has not complied with its obligations
herein, FiberNet may provide written notice of its intent to reduce and/or
discontinue collecting and remitting the PEG Capital Fee. If the City disputes
FiberNet’s actions, it may initiate any enforcement action under the Cable
Ordinance it deems appropriate.
g. Access Rules. The City may implement rules governing PEG Access
channels and programming.
h. Parity of Obligations. The City will impose equivalent PEG Access
obligations on any other franchised provider of Cable Service in the City to the
extent provided by law.
Section 4.3 Drops and Service to Public Buildings.
a. FiberNet must provide monthly Basic Cable Service and Cable
Programming Service (excluding pay-per-channel or pay-per-program) and install
one (1) Drop and one (1) outlet without charge to the public institutional sites
City of Monticello Ordinance 514 7
listed in Exhibit A attached hereto. The programming provided by FiberNet is not
for public display. The City shall hold FiberNet harmless for any copyright, or
other penalties, incurred due to improper use of free service. FiberNet shall not
be required to provide converters.
b. FiberNet must provide a Drop, outlet and Basic Cable Service and
Cable Programming Service to such other accredited public schools or public
administration buildings as the City may subsequently designate, provided
however, that FiberNet shall only be required to pay the cost of the first one
hundred and fifty (150) feet of any necessary Cable System construction. The
City or institution shall pay any additional actual construction cost. FiberNet will
have a reasonable time from the designation of additional sites to complete
extension. Additional Drops and/or outlets at institutional locations must be
provided by FiberNet at the cost of FiberNet’s time and material. Alternatively,
institutions may add outlets at their own expense.
Section 4.4 Drop Box.
FiberNet must maintain a local drop box for receiving subscriber payments in the
City.
SECTION 5. ADMINISTRATION PROVISIONS
Section 5.1 Franchise Fee.
a. FiberNet shall pay a Franchise Fee to the City in an amount equ al to
five percent (5%) of its gross revenues. FiberNet shall remit Franchise Fee
payments to the City on a quarterly basis within 60 days of the close of the
preceding calendar quarter. Payments shall be based on gross revenues
generated during the preceding quarter.
b. Each Franchise Fee payment must be accompanied by a report in
form reasonably acceptable to City detailing the computation of the payment. All
amounts paid are subject to audit and recomputation by the City, and
acceptance of any payment must not be construed as an accord that the amount
paid is in fact the correct amount. In accordance with Minn. Stat. § 541.05, any
action to recover Franchise Fees must be commenced within six (6) years of
receipt of the Franchise Fee payment or due date for such payment.
c. In the event that any Franchise Fee payment or recomputed payment
is not made on or before the dates specified herein, FiberNet shall pay an
interest charge, computed from such due date, at the annual rate of one percent
over the prime interest rate.
City of Monticello Ordinance 514 8
Section 5.2 Rules of FiberNet.
FiberNet may promulgate such rules, terms and conditions governing the
conduct of its business provided that such rules, terms and conditions must not
be in conflict with the provisions of this Franchise, the Cable Ordinance, or
applicable laws or regulations.
SECTION 6. INDEMNIFICATION, INSURANCE, BONDS AND SECURITY
FUND
Section 6.1 Indemnification.
By acceptance of this Franchise, FiberNet agrees to indemnify, defend, and hold
the City harmless in accordance with the Cable Ordinance.
Section 6.2 Insurance.
At the time of acceptance of this Franchise, FiberNet will file with the City a
Certificate of Insurance in accordance with the Cable Ordinance. FiberNet must
maintain such insurance for the entire term of this Franchise. The insurance for
FiberNet may be purchased and maintained jointly with the City’s other
insurance coverage.
Section 6.3 Security for Performance.
a. Because FiberNet is a City-owned public utility and public service
enterprise under the control of the City Council the Council finds it unnecessary
for FiberNet to post a performance bond similar to that required of private
franchisees. However, because FiberNet may be subject to regulatory
requirements of the Commission and the City, it shall create and maintain at the
City a regulatory compliance security fund of not less th an Fifty Thousand
Dollars ($50,000.00) for the benefit of the City, which fund may also be used to
comply with parallel bonding requirements imposed by the other members of the
Sherburne-Wright Counties Cable Communications Commission. At the time of
acceptance of this Franchise, FiberNet will file with the Commission evidence of
creation of such fund at the City. FiberNet must maintain the fund until this
Franchise expires or is terminated, and FiberNet has liquidated all of its
obligations with the City.
b. The fund shall be available to the City to ensure FiberNet’s faithful
performance in accordance with the terms of this Franchise, the Cable
Ordinance, and applicable laws and regulations. The City may draw on the fund
in the event FiberNet fails to comply with any law, ordinance or regulation, or to
compensate the City for any damages or loss suffered by the City as a result,
and further guaranteeing payment by FiberNet of claims, liens and fees due the
City which arise. In the event this Franchise is revoked or the rights hereunder
City of Monticello Ordinance 514 9
relinquished or abandoned by FiberNet, the City is entitled to collect any
resultant damages, costs or liabilities incurred by the City.
c. The City and FiberNet acknowledge that it may be difficult or
impossible to accurately quantify actual damages or losses suffered by the City
due to a violation or unsatisfied obligation under this Franchise, the Cable
Ordinance, or applicable laws or regulations. Such violations or unsatisfied
obligations may, however, be presumed to harm the City and the public’s
interest. Accordingly, the City may, in its reasonable discretion, collect liquidated
damages in an amount of up to Two Hundred and Fifty Dollars ($250.00) per
violation of any provision of this Franchise, the Cable Ordinance, o r applicable
laws or regulations. Each violation may be considered a separate violation for
which separate liquidated damages can be imposed.
d. In the event the City will make any claim against the fund, the City
must comply with Section 14 of the Cable Or dinance governing enforcement of
this Franchise.
e. The City’s rights herein are in addition to all other rights the City may
have and the City’s exercise of such rights does not constitute an exclusive
remedy nor limit any other right.
Section 6.4 Construction Security.
a. FiberNet shall comply with Minnesota Statutes §574.26 when
undertaking any construction projects or entering into any construction contracts.
Any performance or payment bonds obtained shall name the City of Monticello
as well as FiberNet Monticello.
b. If FiberNet or any of its contractors fail to perform in accordance with
the terms of this Franchise, the Cable Ordinance, and applicable laws and
regulations, the City may draw on the fund established in Section 6.3. In the
event the City will make any claim against the construction bond, the City must
comply with Section 14 of the Cable Ordinance governing enforcement of this
Franchise.
c. The City’s rights pursuant to this Section are in addition to all other
rights the City may have. Any action with respect to the security fund does not
constitute an exclusive remedy nor limit any other right.
SECTION 7. MISCELLANEOUS REQUIREMENTS
Section 7.1 Amendment of Franchise Ordinance.
FiberNet and the City may mutually agree, from time to time, to amend this
Franchise. Any changes, modifications or amendments to this Franchise must
City of Monticello Ordinance 514 10
be made in writing, signed by the City and FiberNet. Nothing herein is intended
to expand or diminish the rights given to City under state law. The City reserves
its lawful rights, including its police powers and ordinance-making authority.
Section 7.2 Force Majeure.
In the event FiberNet’s performance of this Franchise is prevented due to a
cause beyond its reasonable control, such failure to perform must be excuse d for
the period of such inability to perform.
Section 7.3 Severability.
If any term, condition or provision of this Franchise or the application thereof to
any person or circumstance is held, to any extent, invalid, preempted or
unenforceable, the remainder and all the terms, provisions and conditions herein
must, in all other respects, continue to be effective provided the loss of the
invalid, preempted or unenforceable provisions do not substantially a lter the
agreement between the parties. In the event a law, rule or regulation is
subsequently repealed, rescinded, amended or otherwise changed so that the
Franchise provision which had been held invalid, preempted or modified is no
longer in conflict therewith, such Franchise provision will return to f ull force and
effect and thereafter be binding upon thirty (30) days written notice to FiberNet.
Section 7.4 Nonenforcement by City.
FiberNet is not relieved of its obligations to comply with this Franchise or the
Cable Ordinance due to any failure or d elay of the City to enforce prompt
compliance. The City and FiberNet may each only waive its rights by expressly
so stating in writing.
Section 7.5 Rights Cumulative.
All of the City’s and FiberNet’s rights and remedies pursuant to this Franchise
are in addition to and not exclusive of any and all other rights and remedies
available to the City or FiberNet.
Section 7.6 Work Performed by Others.
All obligations of this Franchise apply to work performed by any agent,
subcontractor or other person performing any work or services on behalf of
FiberNet pursuant to this Franchise to the extent applicable, howe ver, in no
event will any such person obtain any rights to maintain and operate a Cable
System or provide Cable Service.
City of Monticello Ordinance 514 11
Section 7.7 Entire Agreement.
This Franchise sets forth the entire agreement between the parties respecting
the subject matter hereof. All agreements, covenants, representations, and
warranties, express and implied, oral and written, of the parties with regard to the
subject matter hereof are contained herein. No other agreements, covenants,
representations or warranties, express or implied, oral or written, have been
made by any party to another with respect to the matter of this Franchise. All
prior and contemporaneous conversat ions, negotiations, possible and alleged
agreements, representations, covenants and warranties with respect to the
subject matter hereof are waived, merged herein and therein and are
superseded hereby and thereby.
SECTION 8. ACCEPTANCE OF FRANCHISE
Section 8.1 Publication and Effective Date.
This Franchise will be effective on the date of acceptance by FiberNet. This
Franchise shall be enacted and published in accordance with applicable local
and Minnesota law.
Section 8.2 Time for Acceptance.
a. FiberNet must accept this Franchise within sixty (60) days of
enactment by the City, unless the time for acceptance is extended by the City.
Acceptance by FiberNet will be deemed the grant of this Franchise for all
purposes.
b. Upon acceptance of this Franchise, FiberNet and City will be bound by
all the terms, conditions and obligations contained herein.
Section 8.3 Manner for Acceptance.
FiberNet must accept this Franchise in the following manner:
a. The Franchise must be fully executed and acknowledged by FiberNet
and delivered to the City.
b. FiberNet must also deliver any construction bond and insurance
certificates required herein that have not previously been delivered, with its
acceptance.
Section 8.4 Failure to Accept.
In the event FiberNet does not timely accept this Franchise in accordance with
the requirements herein, this Franchise and all rights granted herein are null and
void.
City of Monticello Ordinance 514 12
PASSED AND ADOPTED this _____ of _______________, 2010.
CITY OF MONTICELLO, MINNESOTA
By: _______________________________
Mayor Clint Herbst
Attest:
_______________________________
Jeff O’Neill
City Administrator
ACCEPTED: This Franchise is accepted and FiberNet Monticello agrees to be
bound by its terms and conditions.
FIBERNET MONTICELLO
By: ___________________________
Don Patten, General Manager
Date: _____________, 20 10.
City of Monticello Ordinance 514 13
EXHIBIT A
(Live Origination and Free Service Sites)
Monticello
Municipal Liquor Store 545 Hwy 25 Monticello 55362 Drop
Ellison Park 825 East River Street Monticello 55362 Live/Drop
Swan Park 121 Mississippi Drive Monticello 55362 Live/Drop
Monticello Public Library 200 6th Street west Monticello 55362 Live/Drop
Xcel Ballfield Complex 2171 W. River Street Monticello 55362 Live/Drop
Soccer Park 5550 School Blvd. Monticello 55362 Live/Drop
Hockey Arena 1000 East Broadway Monticello 55362 Live/Drop
City Hall/Community Center 505 Walnut Street Monticello 55362 Live/Drop
High School 5225 School Blvd. Monticello 55362 Live/Drop
City of Monticello Ordinance 514 14
EXHIBIT B
(Technical Standards- Live Origination Sites)
With respect to all sites listed in Exhibit A, the Cable System shall meet or
exceed the following requirements:
1. The Cable System shall operate in conformance with the technical
standards promulgated by the FCC pursuant to Title 47, Sections 76.601 to
76.617, as may be amended or modified from time to time.
2. The Cable System shall be capable of continuous 24 -hour
operation without signal degradation.
3. The Cable System shall be capable of operation without f ailure,
material performance changes or signal degradation over an outdoor
temperature range of -40 degrees F to +130 degrees F and over a variation in
supply voltages from 105 to 130 volts AC.
4. The Cable System will provide access channel connections up t o
the demarcation point, both upstream and downstream, without material signal
degradation or deterioration and with signal quality equal to or better than any
other channels. Material signal degradation or deterioration where any signal
problem including ghosting or other audio or visual distortion or interference is
apparent without special testing. FiberNet shall not be responsible for technical
problems deriving from facilities or equipment located beyond the demarcation
point, within the institutional site.
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
SUMMARY ORDINANCE NO. 514A
AN ORDINANCE GRANTING A FRANCHISE TO THE CITY OF MONTICELLO
d/b/a OR OPERATING AS FIBERNET MONTICELLO TO CONSTRUCT,
OPERATE AND MAINTAIN A CABLE SYSTEM AND PROVIDE CABLE SERVICE
IN THE CITY OF MONTICELLO, MINNESOTA
NOTICE IS HEREBY GIVEN that, on May 10, 2010, Ordinance No. 514 was adopted
by the City Council of the City of Monticello, Minnesota. Due to the lengthy nature of
Ordinance No. 514, the following summary of the ordinance has been prepared for publication as
authorized by state law:
The ordinance adopted by the Council grants a franchise to the City of Monticello, d/b/a
or operating as FiberNet Monticello, to construct, operate and maintain a cable system
and provide cable service to residents and businesses in the City of Monticello,
Minnesota.
In keeping with the state requirement that no agreement can have terms and conditions
more favorable or less burdensome than an existing agreement, the FiberNet Cable
Franchise Ordinance is almost identical to the Cable Franchise Ordinance that was
approved with Charter Communications five years ago. This does not limit FiberNet from
exceeding the provisions as stated in the ordinance. General Manager Don Patten
indicated that they will be able and are planning to provide services above and beyond
the requirements covered in the ordinance.
The proposed ordinance outlines the ability for FiberNet to build a cable sys tem and offer
cable service, sets a franchise term of 15 years, and establishes the service area as the
corporate boundaries of the City. There are sections describing the system capacity,
community service programming, drops and services to public buildings, and provisions
related to franchise fees.
A printed copy of the whole ordinance is available for inspection by any person during
the City’s regular office hours, and is available on the City web page at
www.ci.monticello.mn.us. Persons may also request a copy of the ordinance by contacting the
Deputy City Clerk at 763-271-3204.
APPROVED for publication by the City Council of the City of Monticello, Minnesota,
this 10th day of May, 2010.
CITY OF MONTICELLO
Clint Herbst, Mayor
ATTEST:
Jeff O’Neill City Administrator
City Council Agenda: 5/10/10
1
7. Consideration of adopting Resolution No. 2010-28 calling for a Public Hearing for
Walnut Street amendment to 2010 Street Reconstruction, City Project No. 10C001
(BW)
A. REFERENCE AND BACKGROUND:
On April 26th the City Council approved final plans and specifications and authorized
advertising for bids for the 2010 Street Reconstruction project. Prior to making their
motion, staff informed Council that Walnut Street between West River Street and Front
Street also needed to be reconstructed and, as such, staff was requesting Council
authorization to add this section of Walnut Street to the 2010 Street Reconstruction
project. After a brief discussion on the condition of the pavement and the need to
reconstruct it versus completing a mill and overlay on it, Council noted no objections to
adding this section of Walnut Street to the project.
Staff then conferred with the City Attorney to determine the best process for adding
Walnut Street between West River Street and Front Street to the project to minimize or
avoid delays. The City Attorney indicated that, if we added this section of Walnut Street
to the Area 4A base plans, we would be changing the scope of the project and would need
to hold a new Public Hearing with all the property owners listed in the assessment roll for
Area 4A. As such, it was determined that the best course of action would be to bid
Walnut Street as an optional improvement project, thereby only requiring a Public
Hearing be held for the adjacent property owners which consist of the apartment building
at 11 Walnut Street, the Front Street townhomes and West Bridge Park. A separate
assessment roll will be prepared for this work.
Staff is therefore requesting that Council call for a Public Hearing on Monday, May 24th
addressing the proposed improvements to Walnut Street.
A1. Budget Impact: The estimated cost for this work is $35,000. Due to the existing
low bond rates, staff recommends using bonds to fund this work.
A2. Staff Workload Impact: Staff workload impacts will be minimal.
B. ALTERNATIVE ACTIONS:
1. Motion to adopt Resolution No. 2010-28 calling for a Public Hearing for the Walnut
Street amendment to City Project No. 10C001 on May 24, 2010.
2. Motion to deny adopting Resolution No. 2010-28 at this time.
C. STAFF RECOMMENDATION:
City staff recommends approving Alternative Action No. 1.
City Council Agenda: 5/10/10
2
D. SUPPORTING DATA:
Resolution No. 2010-28
CITY OF MONTICELLO
WRIGHT COUNTY MINNESOTA
RESOLUTION NO. 2010-28
CALLING FOR PUBLIC HEARING
WALNUT STREET AMENDMENT TO 2010 STREET RECONSTRUCTION
CITY PROJECT NO. 10C001
WHEREAS, pursuant to a resolution of the Council adopted October 12, 2009, a Feasibility
Report was prepared by the City Engineer with reference to proposed improvements to Area 4A,
including West River Street and its adjoining side streets between Chestnut Street and TH 25,
including the reconstruction of streets, curb and gutter, and public utilities as needed, and other
appurtenant work; and,
WHEREAS, the report was received by the City Council on February 8, 2010; and,
WHEREAS, the report provided information regarding whether the proposed project is
necessary, cost-effective and feasible; and,
WHEREAS, the reconstruction of Walnut Street between West River Street and Front Street is
also necessary, cost-effective and feasible;
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
MONTICELLO, MINNESOTA:
1. The Council will consider the proposed improvements for said street in accordance with
the Feasibility Report and the assessment of abutting properties for all or a portion of the
cost of the improvements pursuant to Minnesota Statutes, Chapter 429 at an estimated
total cost of the improvements of $35,000.
2. A public hearing shall be held on such proposed improvements on the 24th day of May,
2010 in the Council Chambers of City Hall at 7 p.m. and the Clerk shall give mailed and
published notice of such hearing and improvements as required by law.
ADOPTED BY the Monticello City Council this 10th day of May, 2010.
CITY OF MONTICELLO
__________________________________
Clint Herbst, Mayor
ATTEST:
________________________________________
Jeff O’Neill, City Administrator
City Council Agenda: 05/10/10
1
8. Consideration of approving the Second Addendum to the Memorandum of
Understanding between Wright County, City of Monticello and YMCA of
Minneapolis and approval of a purchase agreement for the Phase II acquisition at
the Bertram Chain of Lakes Regional Park (AS, JO)
A. REFERENCE AND BACKGROUND:
The City Council is asked to review and approve a revision to the MOU relating to the
Bertram Chain of Lakes and a purchase agreement allowing for the second phase of
acquisition at the park.
In November of 2008, the City Council reviewed and approved the original MOU
document, which outlines the phased purchase of property at Bertram Lakes. The MOU
sets a final purchase price for the 1,200 acres of property at $20.5 million dollars and sets
up an exclusive purchase right for the City and County through 2013.
The MOU also lays the preliminary groundwork on a lease arrangement allowing the
City to utilize a portion of the property for active recreation. That MOU was developed
through discussions between the YMCA Board representatives and City and County
elected officials and staff.
Also in November of 2008, the City Council authorized the first purchase of land at the
regional park. The City and County equally matched a $1.2 million allocation from the
Environmental Trust Fund (through LCCMR) and the DNR Metro Greenways program,
which created a $3.6 million purchase of 319 acres. The first purchase was structured
such that the County paid the $2.4 million County/City match at time of closing, with the
City paying the County back for its $1.2 million share. The City has made final payment
to the County for the first purchase.
For the second phase of acquisition, the City/County partnership received $549,628 in
2009 grant dollars from the DNR Metro Greenways program. That funding has been
authorized by both the City and County for match at $274,814.00 each. (Amounts
approved by Council on 3/22/10 and 4/12/10.) The grant funding is required to be
expended by June 30th, 2010.
If the Council approves the second addendum to MOU and purchase agreement as
written, it will be authorizing the purchase of approximately 51 acres immediately
adjacent to the north of the 319 acres currently owned.
The purchase of this property represents a modification from the original phasing
identified under the MOU, thus the addendum. The rationale for this modification, which
is an additional purchase in parcel 5 versus the purchase of parcels 1, 2 or 7 (as specified
in the MOU) is related directly to funding. It is anticipated that with other grant funds
received in 2009 and 2010, the City and County would be able to purchase all of 7 in
2011, rather than just a portion. For this reason, it was felt that it would be better to
purchase property contiguous on the northern boundary (parcel 5).
City Council Agenda: 05/10/10
2
The City Attorney has reviewed both documents proposed, as has the County Attorney.
Both find the terms and language acceptable as written. The YMCA of Minneapolis is
currently reviewing the documents, with only minor language modifications suggested in
the final second addendum. A final legal description is being prepared by the Wright
County Surveyor.
Given the grant timeline, a closing for the Phase II acquisition will be scheduled on or
around June 15th, 2010, pending these final Council and County approvals.
A1. Budget Impact: Financing of the grant match for this purchase was approved
under separate Council action. Funding is to be allocated from the Park/Pathway
Dedication fund.
A2. Staff Workload Impact: Staff workload impact has included the review of the
addendum and purchase agreement, estimated at 5 hours, including attorney time.
An additional 1-2 hours is anticipated for closing arrangements.
If authorized, it is also anticipated that there will be a small amount of time on the
part of the Parks Department in assisting Wright County in re-signing the property
line and minor on-site maintenance work.
B. ALTERNATIVE ACTIONS:
1. Motion to approve the Second Addendum to the Memorandum of Understanding
between Wright County, City of Monticello and YMCA of Minneapolis and to
approve the purchase agreement for the Phase II acquisition at the Bertram Chain
of Lakes Regional Park.
2. Motion to deny approval of the Second Addendum to the Memorandum of
Understanding between Wright County, City of Monticello and YMCA of
Minneapolis and approval of a purchase agreement for the Phase II acquisition at
the Bertram Chain of Lakes Regional Park.
C. STAFF RECOMMENDATION:
City staff recommends approval of both documents. The documents reflect the terms and
conditions agreed to under previous negotiations, with the exception of order of purchase,
which the negotiations task force supports at this time.
Continuing to acquire property at Bertram Lakes is consistent with the stated goals in the
2008 Comprehensive Plan and the recently adopted Capital Improvement Plan.
City Council Agenda: 05/10/10
3
The authorization is consistent with Council’s previous actions related to the match of the
DNR grant funds.
D. SUPPORTING DATA:
Exhibit A: Second Addendum to the MOU (Wright County, City of Monticello & the
YMCA of Minneapolis)
Exhibit B: Purchase Agreement, Phase II Acquisition
Exhibit C: Bertram Chain of Lakes Parcel Acquisition Map
Exhibit D: Bertram Chain of Lakes Funding Table
SECOND ADDENDUM TO 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 the Second Addendum to 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 Second Addendum to the Memorandum of Understanding is to clarify and
refine certain terms, conditions and responsibilit ies of the parties as the Buyers proceed to
acquire certain land from the YMCA in Monticello Township, for regional park purposes.
The Parties seek to collaborate in using the property for programs to provide opportunities for
youth, teens, and families for outdoor environmental and recreational experiences.
NOW, THERFORE, THE PARTIES AGREE AS FOLLOWS:
Incremental Transactions: Paragraph 5 of the MOU addresses incremental transactions, and
indicates the order in which such transactions are to occur. Each transaction is to be the
subject of a separate Definitive Agreement. Paragraph 5 shall now be modified to reflect that
each transaction will occur in the following order and will include such segments of the
Property as are identified below.
1. Parcels 5A, 6 and 11 purchase completed 12/2008.
2. Parcel 5B
3. Parcel 1, 2 and 7
4. Parcel 9, 10, 12
5. Parcel 8
6. Parcel 4
7. Parcel 3
8. At any point during the term covered by the MOU, Parcel 5 or any
portion of parcel 5 maybe purchased depending on funds available.
Paragraph 5 of the MOU also addresses the Camp Manitou Lease document. This Ground Lease
document was attached to the First Addendum to the MOU, clarifying discussion among the
parties and detailing terms and conditions. The parties now agree to enter into such a Ground
Lease document upon the transaction involving the purchase of Parcel 12.
Total Cash Price: Paragraph 10 of the MOU address the total cash price to be paid by the
Buyers to the YMCA for all parcels. For the purpose of this ongoing agreement and the
transactions contemplated herein the parcels and values are as follows (this table may be
updated following any transaction involving a parcel or portion of a parcel):
Parcel Total
Acres
Land
Acres
Water
Acres
Percentage of
Value
Purchase Price
1 40.17 40.17 0 5.90% $1,209,500
2 39.89 39.89 0 6.00% $1,230,000
3 205.36 203.03 2.33 10.90% $2,234,500
4 156.71 132.75 23.96 19.60% $4,018,000
5 86.13 60.32 25.81 7.78% $1,594,444
5B 51.4 40.66 10.74 5.36% $1,099,256
5A, 6, 11 319 279.3 39.7 17.56% $3,600,000
7 169.32 121.09 48.23 11.10% $2,275,500
8 42.15 34.2 7.95 10.20% $2,091,000
9 55.84 9.57 46.27 .20% $41,000
10 42.18 9.81 32.37 .90% $184,300
12 42.2 41.87 .33 4.50% $922,500
TOTAL 1250.35 1012.66 237.69 100.00% $20,500,000.00
The original MOU in 2008 indicated that Parcel 5 consisted of total acreage of 281.56. The
correct acreage for Parcel 5 was 137.53 acres. The new table reflects the planned 2010
purchase of Parcel 5B, which has been split off of the original Parcel 5. This table references
the County GIS Data for parcel acreages.
Closing Date: Paragraph 13 of the MOU addresses the initial closing date. The purchase of
Parcel 5B shall close by June 30, 2010.
Access to Parcel 5: Paragraph 14 of the MOU addresses Access to Parcel 5. The sale of Parcel
5B shall reserve the access created thru parcel 5A to 90 th Street Northeast or another public
right of way serving all of Parcel 5 sufficient to establish a public street.
Dated: ________________________ COUNTY OF WRIGHT
_______________________________
Chairperson, County Board
_______________________________
County Coordinator
Dated: _________________________ CITY OF MONTICELLO
_______________________________
Mayor
________________________________
City Administrator
Dated: _________________________ THE YOUNG MEN’S CHRISTIAN
ASSOCIATION OF METROPOLITAN
MINNEAPOLIS
__________________________________
Harold Mezile, CEO and President
__________________________________
YMCA Vice President
PURCHASE AGREEMENT
1. PARTIES. This Purchase Agreement is made on the ____ day of _______________, 2010, (the
“Effective Date”)by and between the CITY OF MONTICELLO, a Minnesota municipal
corporation (“City”), and WRIGHT COUNTY OF MINNESOTA, a political subdivision of the
State of Minnesota (“County” (collectively referred to herein as “Buyers”), and THE YOUNG
MENS CHRISTIAN ASSOCIATION OF METROPOLITAN MINNEAPOLIS, a Minnesota
corporation (“Seller”).
2. OFFER/ACCEPTANCE. Buyers agree to purchase and Seller agrees to sell real property (the
“Property”) located in the Town of Monticello, County of Wright, State of Minnesota, legally
described as:
INSERT LEGAL DESCRIPTION
together with, if any, all right, title, and interest in and to any roads, rights of access, or alleys
adjoining or servicing such land, rights-of-way, or easements appurtenant thereto.
3. PRICE AND TERMS. The price for the real property included under this Purchase Agreement
is one million ninety nine thousand two hundred and fifty six dollars and No/100ths ($$1,099,256)
Dollars, which Buyers shall pay in cash on the DATE OF CLOSING, as hereinafter defined.
4. DEED/MARKETABLE TITLE. Upon performance by Buyers, Seller 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. Exceptions to title not of record which are disclosed to Buyers and approved by Buyers;
D. Matters disclosed in any survey of the Property or which a correct survey of the Property
would show.
E. Property Taxes and Assessments
F. Reservation by Seller of access by a roadway easement over the east sixty-six (66) feet of
parcel 5B for ingress and egress to Lot 5 from public road for development of Parcel 5
immediately to the north.
5. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS.
A. Seller shall pay all general real estate taxes and installments of special assessments due and
payable in the year prior to the Date of Closing and in years prior thereto. Real estate taxes
due and payable in and for the year of closing shall be prorated between Seller and Buyers on
a calendar year basis to the actual Date of Closing;
B. Seller shall not be required to pay any future installments of any special assessments;
C. Seller shall pay on date of closing any deferred real estate taxes (including “Green Acres"
taxes under MINN. STAT. §273.111) or special assessments payment of which is required as a
result of the closing of this Agreement;
D. Buyers shall pay real estate taxes and any installments of special assessments due and
payable in the year following closing and thereafter.
6. SELLER'S LIEN WARRANTIES. Seller warrants that there has been no labor or material
furnished to the property for Seller for which payment has not been made. These warranties shall
survive the delivery of the Deed or Contract for Deed for a period of six (6) months.
7. ACCESS PRIOR TO CLOSING. Upon reasonable notice to Seller, Buyers and Buyers’
authorized agents shall have the right during the period from the date of this Agreement to 120
days after the Effective Date 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.
Buyers agree to promptly pay all costs incurred; to immediately restore any resulting damage to
the Property and to indemnify, hold harmless and defend Seller and the Property from any and all
claims or liability of any nature whatsoever related to Buyers’ actions 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. Seller’s
consent may be conditioned upon any restrictions that Seller deems necessary. Buyers shall
provide to Seller a copy of any such surveys, measurements, soil tests or other tests within five
(5) days after receipt.
8. POSSESSION. Seller shall deliver possession of the property not later than the actual date of
closing.
9. TITLE INSURANCE BY SELLER. Seller shall, within a reasonable time after acceptance
of this Agreement, furnish a title insurance commitment certified to date to include proper
searches covering bankruptcies, state and federal judgments and liens, and levied and pending
special assessments. Seller is not required to provide an abstract of title. Seller shall pay all
costs associated with the issuance of such commitment. Buyers shall pay the premium for the
owner's and mortgagee's policy of title insurance. The commitment for title insurance shall be
issued in the full amount of the Purchase Price by a title insurance company in good standing and
duly authorized to do business in Minnesota (“Title Insurer”).
The commitment for title insurance shall be issued in the full amount of the Purchase Price by
Title Insurer by which said company commits to issue its policy of title insurance that:
(1) Insures that at Closing Buyers shall have marketable and insurable title of record
to the Property, free and clear of all liens, encumbrances, leases, claims and
charges, all material easements, rights-of-way, covenants, conditions and
restrictions and any other matters affecting title, except for Permitted Exceptions
and such matters as are approved by Buyers in writing.
(2) Insures the leasehold interest to be conveyed to Sellers at Closing.
(3) Waives or insures against the following standard exceptions:
(a) Facts which would be disclosed by a comprehensive survey of the
Property, but only if Buyers timely deliver a survey of the Property in form
acceptable to the title company;
(b) Rights and claims of parties in possession; and
(c) Mechanic’s, contractor’s and material liens and lien claims.
Buyers shall be allowed ten (10) business days after the receipt of the title commitment
for examination of title and making any objections, which shall be made in writing or deemed
waived. If any objection is so made, Seller shall have ten (10) business days from receipt of
Buyers’ written title objections (“Seller’s Election Notice Period”) to notify Buyers whether
Seller intends to cure such objections. Seller shall have no obligation to cure any objections made
by Buyers, except that Seller shall be obligated to remove any mortgage or financing liens or
other monetary liens created against the Property by Seller. If Seller elects to cure such
objections, Seller shall have a period of ten (10) days from Seller's receipt of such written
objections (“Seller’s Cure Period”) within which to do so. Any objection shall be deemed cured
to the extent Seller is able to compel the Title Company to delete the objectionable exception
from the Title Commitment or to issue an endorsement to Buyers’ Owner’s Title Policy that
insures over the objectionable exception. If notice to cure is given by Seller, the Closing shall be
postponed pending cure of title, but upon cure of title and within ten (10) days after written
notice to Buyers, the parties shall perform this Agreement according to its terms. If no such
election to cure notice is given by Seller or if such notice is given but title is not cured within the
time provided for, then Buyers shall have the option as their sole and exclusive remedy to
terminate this Agreement in which event this Agreement shall be null and void and no party
shall be liable for damages hereunder to the other If Buyer does not elect to terminate this
Agreement, Buyers’ objections shall be deemed part of the Permitted Exceptions and the parties
shall perform this Agreement according to its terms. Buyers shall make such election by
notifying Seller within ten (10) days after expiration of Seller’s cure period or within ten (10)
days after expiration of Seller’s Election Notice Period, as the case may be. If this Agreement is
terminated as permitted under the terms of this Paragraph 5, then upon request by Seller, Buyers
and Seller agree to sign a cancellation of this Agreement or Buyers shall deliver a Quit Claim
Deed to the Property to Seller.
10. WELL DISCLOSURE. [Check one of the following: ]
Seller certifies that Seller does not know of any wells on the property.
X Wells on the property are disclosed by Seller on the attached Well Disclosure form.
11. DISCLOSURE OF INDIVIDUAL ON-SITE SEWAGE TREATMENT SYSTEM. [Check
one of the following: ]
X Seller certifies that Seller does not know of any individual on-site sewage treatment
systems on the property.
Individual on-site sewage treatment systems on the property are disclosed by Seller on the
attached Disclosure form.
12. SELLER’S COVENANTS, REPRESENTATIONS AND WARRANTIES.
Seller does hereby covenant, warrant and represent to the Buyers as follows:
A. To Seller’s actual knowledge, Seller has or as of the Date of Closing will have
marketable and insurable title to the Property of record, free and clear of all liens,
encumbrances, leases, claims and charges, all material easements, rights-of-way,
covenants, conditions and restrictions and any other matters affecting the title,
except for the Permitted Exceptions. For purposes of this Section “Seller’s actual
knowledge” is limited to the actual knowledge of the undersigned representatives
of Seller executing this Agreement on behalf of Seller.
B. To Seller’s actual knowledge, the conveyance of the Property pursuant hereto will
not violate any applicable statute, ordinance, governmental restriction or
regulation, or any private restriction or agreement.
C. As of the Date of Closing there will be no outstanding or unpaid claims, actions or
causes of action related to any transaction or obligation entered into or incurred by
Seller with respect to the Property prior to the date hereof.
D. Except as provided herein, Seller shall indemnify and defend Buyers and
otherwise hold Buyers harmless of, from and against any broker who may be
entitled to any commission or finder’s fee in connection with the transaction
contemplated herein to the extent arising from Seller’s actions.
E. To Seller’s actual knowledge, there are no underground storage tanks or wells on
the Property, it being understood that the foregoing representation shall be recited
in the deed to be delivered by the Seller at Closing.
F. Seller is not a foreign person as defined in §1445(f)(3) of the Internal Revenue
Code or regulations issued thereunder.
G. To Seller’s actual knowledge, there is no action, litigation, investigation,
condemnation or other proceedings of any kind pending or threatened against
Seller with respect to the Property.
H. Except as used in the ordinary course of Seller’s activities at the Property and to
Seller’s actual knowledge, including (i) no toxic materials, hazardous wastes or
hazardous substances, as such terms are defined in the Resource Conservation and
Recovery Act of 1996, as amended (42 U.S.C. §6901, et seq.) or in the
Comprehensive Environmental Response Compensation and Liability Act of
1980, as amended (42 U.S.C. §9601, et seq.), including, without limitation, any
asbestos or asbestos-related products or materials and any oils, petroleum-derived
compounds or pesticides ("Hazardous Materials") have been generated, treated,
stored, released or disposed of or otherwise placed, deposited in or located on the
Property; and (ii) the Property is free of Hazardous Materials and is not subject to
any “superfund” type liens or claims by governmental regulatory agencies or third
parties arising from the release or threatened release of hazardous substances in,
on, or about the Property. Seller shall indemnify and hold Buyers harmless from
any and all claims, causes of action, damages, losses, or costs (including
reasonable lawyer’s fees) relating to breach of the foregoing representations and
warranties by Seller or to hazardous substances or petroleum products in the
subsoil or ground water of the Subject Property or other property in the area which
arise from or are caused by acts or occurrences upon the Subject Property prior to
Buyers taking possession. These warranties and indemnifications shall survive
the delivery of the Limited Warranty Deed for a period of twelve (12) months
after the Date of Closing.
13. SELLER'S AFFIDAVIT. At closing, Seller shall supplement the warranties and
representations in this Purchase Agreement by executing and delivering a Minnesota Uniform
Conveyancing Blank [Form No. 116-M, 117-M, or 118-M] Affidavit of Seller (”Seller’s Affidavit”).
14. CLOSING. The closing (the "Closing") shall be at a location designated by Buyers, and shall
occur on or before June 30th, 2010 ("Closing Date"). At closing, Seller and Buyers shall disclose
their Federal Tax Identification Numbers for the purposes of completing state and federal tax forms.
15. CLOSING DOCUMENTS.
A. At the Closing, Seller shall execute and/or deliver to Buyers the following (collectively
the "Closing Documents"):
(1) Limited Warranty Deed. A Limited Warranty Deed in recordable form
conveying title in accordance with this Agreement.
(2) Seller's Affidavit. A standard form affidavit by Seller indicating that on the date
of Closing there are no outstanding, unsatisfied judgments, tax liens or
bankruptcies against or involving Seller or the Property; that there has
been no skill, labor or material furnished to the Property for which
payment has not been made or for which mechanic's liens could be filed;
and that there are no other unrecorded interests in the Property.
(3) Non-Foreign Person Certification. A certification in form and content
satisfactory to the parties hereto and their counsel, properly executed by
Seller, containing such information as shall be required by the Internal
Revenue Code, and the regulations issued thereunder, in order to establish
that Seller is not a “foreign person” as defined in §1445(f)(3) of such Code
and such regulations.
(4) Storage Tanks. If required, an affidavit with respect to storage tanks pursuant to
Minn. Stat. § 116.48.
(5) Well Certificate. If there is a well located on the Property, a well disclosure
certificate in form and substance true to form for recording.
(6) Certification. A certification that the representations and/or warranties made by
Seller are materially the same as were in existence on the date of this
Agreement or noting any changes thereto; and
(7) Other Documents. All other documents reasonably determined by either party
and the title insurance company to be necessary to transfer and provide
title insurance for the Property.
B. At the Closing, Buyers shall execute and deliver to Seller the following:
(1) All documents reasonably determined by the parties and the title insurance
company to be necessary to provide title insurance for the Property;
(2) Payment of the Purchase Price.
(3) Duly executed Second Addendum to the Memorandum of Understanding
including a form of Ground Lease for relocation of Seller’s Camp
Manitou; and a duly executed Lease for Athletic Facilities per section 17B
below.
(4) Duly executed conveyance of road access easement to Parcel 5.
16. CLOSING COSTS. All costs relating to the closing of this transaction shall be allocated
according to standards in the industry, except as allocated below:
A. Buyers shall pay:
(1) Recording fee for the Limited Warranty Deed;
(2) One-half the closing fee, and;
(3) The premium for owner’s title insurance, including survey coverage;
B. Seller shall pay all
(1) Costs of title insurance commitment;
(2) State deed tax
(3) One-half of the closing fee; and
(4) Conservation fee attributable to said deed.
(5) Any deferred taxes and penalties due at or before closing.
17. ADDITIONAL TERMS.
A. BUYERS’ CONTINGENCIES. The obligations of Buyers under this Agreement are
contingent upon the satisfaction or waiver of each of the following (the Buyers’ Contingencies):
(1) The representations and warranties of Seller set forth in this Agreement must be true
as of the date of this Agreement and on the Closing Date, and Seller shall have delivered
to Buyers at Closing a certificate dated the Closing Date, signed by Seller, certifying that
such representations and warranties are true as of the Closing Date.
B. SELLER’S CONTINGENCIES. Execution at closing of the following documents;
(1) Second Addendum to the Memorandum of Understanding.
(2) An easement conveyance/reservation for access to Parcel 5 in a form satisfactory to
the Parties.
If any of the Buyers’ Contingencies have not been satisfied as of the deadline specified above ,
then Buyers may, at Buyers’ option, terminate this Agreement by giving written notice to Seller.
Upon such termination, neither Seller nor Buyers shall have any further rights or obligations
under this Agreement, except for obligations which expressly survive the termination of this
Agreement. The Buyers’ Contingencies are for the sole and exclusive benefit of Buyer, and
Buyer shall have the right to waive any or all of the Buyer Contingencies by giving written notice
to Seller on or before the deadline for any contingency it waives.
18. ADDENDA. Attached are no addenda which are made a part of this Purchase Agreement.
19. TIME IS OF THE ESSENCE; CALCULATION OF TIME PERIODS. Time is of the
essence for all provisions of this Purchase Agreement. Unless otherwise specifically provided herein,
in computing any period of time described in this Agreement, the day of the act or event after which
the designated period of time begins to run is not to be included and the last day of the period so
computed is to be included, unless such last day is a Saturday, Sunday or legal holiday under the
laws of the State of Minnesota, in which event the period shall run until the end of the next day
which is neither a Saturday, Sunday or legal holiday. The final day of such period shall be deemed to
end at 5:00 p.m., Central Standard Time.
20. SURVIVAL. It is the intention of the parties that none of the terms of this Agreement
will survive and be enforceable after the Closing, except Paragraphs 6 and 12 (H) as expressly so
stated in this Agreement and subject to any limitation of the time for survival set forth under this
Agreement.
21. CAPTIONS. The paragraph headings or captions appearing in this Agreement are for
convenience only, are not a part of this Agreement and are not to be considered in interpreting
this Agreement.
22. ENTIRE AGREEMENT; MODIFICATION. This written Agreement constitutes the
complete agreement between the parties and supersedes any prior oral or written agreements
between the parties regarding the Property. There are no verbal agreements that change this
Agreement and no waiver of any of its terms will be effective unless in a writing executed by the
parties. The Parties have executed a separate Memorandum of Understanding and two
Addendums thereto, including a form of Ground Lease for the relocation of Seller’s Camp
Manitou and a separate Lease for Athletic Facilities as part of this transaction
23. BINDING EFFECT; NO WAIVERS. This Agreement binds and benefits the parties
and their heirs, representatives, successors and assigns. The waiver by either party hereto of any
condition or the breach of any term, covenant or condition herein contained shall not be deemed
to be a waiver of any other condition or of any subsequent breach of the same or of any other
term, covenant or condition herein contained. Buyers, in their sole discretion may waive any
right conferred upon Buyers by this Agreement; provided that such waiver shall only be made by
Buyers giving Seller written notice specifically describing the right waived.
24. GOVERNING LAW. This Agreement has been entered into in the State of Minnesota
and shall be governed by and construed in accordance with the laws of the State of Minnesota.
25. RELATIONSHIP BETWEEN SELLER AND BUYERS. Nothing in this Agreement
shall be construed as creating a joint venture between the Seller and Buyers or any relationship
other than that of seller and Buyers.
26. NOTICES. All notices and demands given or required to be given by any party hereto to any
other party shall be deemed to have been properly given if and when delivered in person, sent by
facsimile (with verification of receipt) or three (3) business days after having been deposited in any
U.S. Postal Service and sent by registered or certified mail, postage prepaid, addressed as follows (or
sent to such other address as any party shall specify to the other party pursuant to the provisions of
this Section):
TO SELLER: Harold Mezile
President and CEO
The YMCA of Metropolitan Minneapolis
30 S. 9th Street
Minneapolis, MN 55402
And to Vice President of Finance
The YMCA of Metropolitan Minneapolis
30 S 9th Street
Minneapolis, MN 55402
With a copy to: Greg Korstad
Larkin Hoffman Daly & Lindgren Ltd.
1500 Wells Fargo Plaza
7900 Xerxes Ave. S.
Minneapolis, MN 55431
TO BUYERS:
COUNTY: Richard W. Norman
County Coordinator
Wright County
102nd Street N.W.
Buffalo, MN 55313
CITY: Jeff O’ Neill,
City Administrator
City of Monticello
505 Walnut Avenue, Suite 1
Monticello, MN 55362
With a copy to: Brian Asleson
Chief Deputy
Wright County Attorney
Government Center
10 2nd Street NW
Buffalo, MN 55313
Joel Jamnik
Campbell Knutson, P.A.
Eagandale Office Center, Suite #317
1380 Corporate Center Curve
Eagan, MN 55121
27. COUNTERPARTS. This Agreement may be executed in one or more counterparts each
of which when so executed and delivered shall be an original, but together shall constitute one
and the same instrument.
BUYERS:
I agree to buy the property for the price and terms and conditions set forth above.
Dated: ______________, 20__
CITY OF MONTICELLO
By:____________________________
Mayor
And:___________________________
City Administrator
I agree to buy the property for the price and terms and conditions set forth above.
Dated: ______________, 20__
WRIGHT COUNTY, MINNESOTA
By:____________________________
Chairperson, County Board
And:___________________________
County Coordinator
I agree to sell the property for the price and terms and conditions set forth above.
Dated:______________, 20__
SELLER:
THE YOUNG MENS CHRISTIAN ASSOCIATION
OF METROPOLITAN MINNEAPOLIS
By: ___________________________
Harold Mezile, President
By: ___________________________
___________________________
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
PID No.:
(Legal description to be determined pursuant to Abstract/Certificate of Title and in accordance
with title insurance commitment as provided hereunder)
Bertram
(Max Depth)
44’
Mud
(Max Depth)
37’
Long
(Max Depth)
33’
First
(Max Depth)
35’
39
90TH
85TH
BR
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A
R
W
O
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D
7
T
H
88TH
100TH
C
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A
BR
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D
W
A
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CA
H
I
L
L
87TH
P
A
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K
P
L
A
C
E
SCHOOL
99TH
DA
V
E
R
N
SA
N
D
Y
DA
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W
CA
M
E
R
O
N
110TH
GOLF COURSE
SAVANNAH
DA
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L
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G
T
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N
RIV
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R
DA
L
T
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DE
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G
A
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WESTON
RED
F
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D
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H
A
M
B
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L
A
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N
FAIRWAY
WOODS
I
D
E
B
R
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N
T
W
O
O
D
PR
E
S
C
O
T
T
HAYW
A
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D
KAMPA
WA
L
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E
S
U
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M
I
T
WINDEM
RIV
SCH
O
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O
W
DA
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O
N
DA
L
T
O
N
PRE
S
C
O
T
T
02,6001,300
Feet
Stearns
Wright
Sibley
Meeker
Isanti
DakotaRenville
Scott
Anoka
Hennepin
McLeod
Benton
Carver
Chisago
Sherburne
Goodhue
Wa
s
h
i
n
g
t
o
n
Mi
l
l
e
Ram
s
e
y
Monticello
2011 LCCMR Proposal Map
Bertram Chain of Lakes
Regional Park
Phase IV
Wright County
Parks
Department
Wright County GIS
Office of the County Surveyor
April, 2010
Legend
51.54 Acres
85.99 Acres
319 Acres
169.32
Acres
Park Location
Roads
City of Monticello
Phase I - Completed (319 Acres) *
Phase II (51.54 Acres) *
Phase III (169.32 Acres) *
Phase IV (85.99 Acres) *
Total Acquisition Boundary
(1200 Acres) *
*All acreages include land and water
LCCMR BUDGET
Current Funding
Phase #YEAR FUNDED GRANT AMOUNT NON LOCAL FUNDING SOURCE COUNTY MATCH CITY MATCH STATUS/RESULT
1 2008 $1,000,000.00 LCCMR (Environment and Natural Resources Trust Fund)$1,000,000.00 $1,000,000.00 Funds Expended Phase 1 Complete
1 2008 $200,000.00 Metro Greenways (Environment and Natural Resources Trust Fund)$200,000.00 $200,000.00 Funds Expended Phase 1 Complete
1 Total '08 $1,200,000.00 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX $1,200,000.00 $1,200,000.00 Purchased 319 Acres
2 2010 $549,628.00 Metro Greenways (Environment and Natural Resources Trust Fund)$274,814.00 $274,814.00 Purchase of Phase 2 to be completed by June 30, 2010
3 2009 $266,249.00 Non-Metro Regional Parks/LAWCON (Federal)$148,101.00 $148,101.00 Grant Awarded, Encumbered for Phase 3
3 2010 $400,000.00 Legacy Park/Amendment (Legacy Amendment Funds)$222,500.00 $222,500.00 Grant Awarded, Encumbered for Phase 3
Total '09 -'10 $1,215,877.00 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX $645,415.00 $645,415.00
Proposed Funding
Phase #YEAR GRANT AMOUNT NON LOCAL FUNDING SOURCE COUNTY MATCH CITY MATCH STATUS/RESULT
3 2010 - 2011 $411,000 Non-Metro/Legacy Park/Either Legacy Funds or LAWCON (Federal)$228,524.50 $228,524.50 Applications submitted to MN DNR
4 2011 $758,000 LCCMR (Environment and Natural Resources Trust Fund)$420,690.00 $420,690.00 Project Proposal Submitted to LCCMR
5 - Completion 2011 - 2013 $5,415,122 Non-Metro/Legacy Park/LCCMR/State Bonding (To Be Determined)$3,255,371.00 $3,255,371.00 Applications will be submitted as the become available
Totals '10 - '13 $6,584,122 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX $3,904,585.50 $3,904,585.50
PROJECTED PROJECT TOTALS $8,999,999.00 $5,750,000.50 $5,750,000.50
City Council Agenda: 5/10/10
1
9. Consideration of filling a vacancy on the FiberNet Advisory Board (JO)
A. REFERENCE AND BACKGROUND:
City Council is asked to determine whether to appoint Wayne Mayer to the Advisory
Board, or advertise for candidates for the position. This is a somewhat unusual request
as, under normal circumstances, staff would simply advertise the open position, bring
candidates before the advisory board for an interview, then submit the preferred
candidate to the City Council for formal approval.
In this case however, when the initial Board was established, Council passed on
considering Mayer because there were three candidates that had already been
recommended for approval. In order to appoint Mayer, one of the three would have been
bumped out which did not seem fair. In the action to appoint the three candidates, my
recollection is that Council said it would consider appointing Mayer when one of the
positions became available. Due to the fact that significant time has passed since the
original appointments were made, staff wonders if Council would like to appoint Mayer
directly? Or would Council prefer to open the position to others as well? Please note that
I am presuming that Wayne remains interested in serving on the Commission, but I have
not had the chance to talk to him recently.
A1. Budget Impact: None
A2. Staff Workload Impact: None
B. ALTERNATIVE ACTIONS:
1. Motion to approve appointing Wayne Mayer to the FiberNet Advisory Board with
the term ending December 31, 2013.
2. Motion to direct staff to seek candidates for filling the vacant position.
C. STAFF RECOMMENDATION:
There is no specific recommendation. It is up to Council to determine if it wishes to
appoint Mayer directly, or to seek out candidates. This situation has caused us to think
about standardizing the method for filling vacant positions on the various commissions.
Staff is toying with the idea of proposing that the City investigate the protocol used by
some other cities which includes development of a pool of candidates on a bi-annual
basis that can be drawn upon for filling vacancies as they arise. Given the number of
Commissions and frequency of openings, this concept may be worth looking into. If
Council wishes, you may wish to discuss this general topic and direct staff accordingly.
D. SUPPORTING DATA:
FiberNet Advisory Board List
FiberNet Advisory Board
FiberNet Advisory Board Roxane Bakula Resigned
(5-year staggered terms) 4 yr Dec 2013
Jon Morphew 3 yr Dec 2012
Wayne Nehrenz 2 yr Dec 2011
Clint Herbst Council
Glen Posusta Council