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City Council Agenda Packet 02-13-1995AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, February 13, 1998 - 7 p.m. Mayor: Brad Fyle Council Members: Shirley Anderson, Clint Herbst, Brian Stumpf, Tom Perrault 1. Call to order. 2. Approval of minutes of the special meeting held January 23, the regular meeting held January 23, and the special meeting held January 31, 1995. 3. Consideration of adding items to the agenda. A. Consideration of adopting a resolution supporting an administrative fee increase for deputy registrars. 4. Citizens comments/petitions, requests, and complaints. 6. Public Hearing --Consideration of a resolution adopting a housing plan and program for issuance of multi -housing revenue bonds. 6. Consideration of reviewing assessor's report for 1994 and setting the Board of Review for 1995 - Jerry Kramber. 7. Consideration of confirming appointment of new Fire Chief - Mark Wallen. B. !� Consideration of an update report on Senior Citizen Center activities for 1994 - Pam Loidolt. 9. Consideration of approving preliminary plat of phase V of the Cardinal Hills residential subdivision. 10. Consideration of approving Klein Farms EAW and authorizing submittal to Environmental Quality Board. 11. Consideration of accepting Klein Farms residential subdivision feasibility study. 12. Consideration of ordering plans and specifications for improvements to the Iflein Farms residential subdivision. 13. Consideration of establishing Council subcommittee to update City/ Township Urbanization Plan. 14. Consideration of approving development agreement and final plat of the River Mill subdivision. Agenda Monticello City Council February 13, 1995 Page 2 15. Consideration of selecting consultant to conduct soil contamination and remediation study for fire hall/bulk tank site. 16. Consideration of upgrading two micro -computer work stations. 17. Consideration of adopting a resolution approving plans and specifications and ordering advertisement for bids on Eastwood Knoll improvements - Project 9"2C. 18. Consideration of approving agreement of understanding with Wright County concerning City acquisition of tax forfeited Gille Auto property. 19. Consideration of adopting a formal position on Vonco Demolition Landfill expansion proposal - Big Lake Township. 20. Consideration of improvements to the intersection of County Road 75 and Highway 25 f1eR turn lanes). 21. Consideration of renewing annual highway maintenance agreement with Wright County. 22. Consideration of calling for a public hearing on wastewater treatment facilities plan. 23. Adjournment. MINUTES SPECIAL MEETING - MONTICELLO CITY COUNCIL Monday, January 23, 1995.5:18 pm. Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Tom Perrault, Brian Stumpf Members Absent: None A special meeting of the City Council was held for the purpose of interviewing four applicants for appointment to two vacancies on the Monticello Planning Commission. Mayor Fyle opened the meeting. Assistant Administrator ONeill noted that Bob Grieman and Jerry Wells had recently withdrawn their applications. He went on to review a list of questions to use as a guideline in interviewing the following applicants: Rod Dragsten, Dick Frie, Earl Smith, and Steve Andrews. It was the view of Council that all the applicants were well qualified for appointment to the Planning Commission, and it was their hope that the two who are not selected for the Planning Commission would serve the City in another capacity. After completion of the interviews, Assistant Administrator reported the results of the interviews conducted by the Planning Commission in December and a discussion ensued. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to appoint Rod Dragsten and Dick Frie to the Planning Commission. Motion carried unanimously. There being no further discussion, the meeting was adjourned. Karen Doty Office Manager O MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, January 28, 1995 - 7 p.m. Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Tom Perrault, Brian Stumpf Members Absent: None Annroval of minutes of the regular meeting held January 9 and the suecial meeting held January 17. 1995. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY TOM PERRAULT TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD JANUARY 9 AND THE SPECIAL MEETING HELD JANUARY 17, 1995. Motion carried unanimously. Consideration of adding items to the agenda. A. Public hearing on adontion of nronosed assessment roll for delinouent utilitv bills and certification of assespment roll to Countv Auditor. It was the consensus of Council to add this item to the agenda. In Administrator Wolfsteller's report, it was noted that Council is asked to adopt an assessment roll for utility billing accounts which are delinquent more than 60 days and to certify the assessment roll to the County Auditor for collection on the 1996 Lazes if not paid by November 30, 1995. In addition to the delinquent amount, the Council also previously approved the establishment of an administrative fee of $25 per account, which has been included on the list of delinquent accounts presented to the Council. It was also noted that since Council previously approved disconnection of water service for accounts with a past due balance over UN, the City will be taking action on the commercial account showing a past due balance over $500 after proper notification to the property owner. Mayor Fyle then opened the public hearing. There being no comment from the public, the public hearing was dosed. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO ADOPT THE ASSESSMENT ROLL FOR THE DELINQUENT CHARGES AS PRESENTED, AND TO DIRECT STAFF TO PROCEED WITH THE PROCESS OF DISCONNECTING WATER SERVICE TO THE ACCOUNT WITH A PAST DUE BALANCE OVER $500 AFTER PROPER NOTIFICATION TO THE PROPERTY OWNER. Motion carried unanimously. SEE RESOLUTION 95.5. Page 1 0 Council Minutes - 1/23/95 4. Citizens comments/netitions. reauests. and complaints. None. 5. Consideration of appgal of denial of 2 -ft side vard setback variance to allow Faraee addition. Applicant. Paul Klein. Building Official Gary Anderson reported that Paul Klein has appealed the Planning Commission's decision to deny Klein's request for a 2 -ft side yard setback variance to allow construction of a garage addition to the west of the existing garage. In his report, Anderson noted that Klein is proposing to construct a 10 -ft addition to the garage in order to accommodate installation of a standard 9 -ft a 7 -ft overhead garage door. The closest neighboring structure is 28 ft from the proposed garage addition. Anderson noted that the building setback was rechecked, and it was found that the variance request was reduced to 1 ft. Assistant Administrator O'Neill explained that the Planning Commission denied the variance request based on the finding that the request did not meet the criteria consistent for granting a variance. It was their view that a hardship does not exist and that Klein could still obtain reasonable use of his property by removing the existing 9 -ft x 7 -ft garage door and header, downsizing the garage addition to fit within the setback requirements, and installing a 16-iR x 7 R garage door. Tom Bose, a neighbor to the east, stated that Klein maintains his yard and buildings; therefore, he had no problem with the proposed variance. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRIM ANDERSON TO GRANT A 1 -FT VARIANCE TO THE SIDE YARD SETBACK BASED ON THE FINDING THAT A STANDARD TWO - CAR GARAGE IS A CUSTOMARY USE OF THE PROPERTY, AND THE EXISTING STRUCTURE IS LESS THAN THE MINIMUM SIZE FOR A 2 -CAR GARAGE. THE 10 -FT ADDITION IN THIS CASE IS THE SMALLEST REASONABLE INCREASE IN SIZE POSSIBLE WITHOUT MAJOR DEMOLITION OF THE ORIGINAL STRUCTURE. Motion carried unanimously. 6. Consideration of accentine revised proposal for nurehasa and development of Outlet A. Country Club Manor. Assistant Administrator O'Neill reported that Council is asked to consider accepting a revised proposal made by David Hornig for purchase and development of Outlet A, Country Club Manor. In his report, O'Neill reviewed the history of this property, noting that the Council completed a request for proposals in May of 1994 in an attempt to find a buyer and developer of this 16 -acre parcel that the City obtained through the tax Pago 2 0 Council Minutes - 1123195 forfeiture process. In April 1994, the proposal submitted by Hornig was selected over a similar proposal submitted by Shelter Corporation, and staff was directed to prepare a development agreement based on phase I consisting of 42 units at a land price of $126,000. Hornig later requested modifications to the original proposal downsizing the plan to 12 units at a land price of $36,000. After Council directed staff to open negotiations with Shelter Corporation if Hornig did not commit to development of 42 units, Hornig then requested and was granted two extensions of the deadline in order to obtain financing. O'Neill went on to report that Hornig recently submitted another revised proposal which includes 24 units of senior rental housing at a land price of $72,000 rather than the $126,000 originally anticipated by the City. The revised proposal is similar to the original proposal except that the first two phases of land acquisition and phasing are reversed; however, the phasing switch greatly reduces the cash that the City expected with phase I, which means that the City must carry greater land holding costs. He also noted that selection of the proposal was contingent on the developer obtaining financing, and it was expected that the property would be sold by now for at least the first phase. David Hornig stated that a housing market study was commissioned immediately after award of this proposal and that the proposal indicated that he would be applying for tax credits through the State of Minnesota to assist with financing the development. Because the April deadline was missed, the application had to be submitted in August of 1994. Hornig noted that he was notified in September 1994 that he was not awarded the tax credits but that his project would be put on a reserve list; however, on December 31 he was notified that he again did not receive award of the tai credits. Hornig continued by explaining that after receiving a letter from the Assistant Administrator regarding staffs concern that progress on the project was lacking, he submitted the current revised proposal to the City for review and comment. He noted he is prepared to purchase the property in April 1995 for the 24 units and will also be applying for tax credits in April for the proposed 42 unite. He added that the proposed 24 townhome units in the first phase would be built for sale rather than rent. If the market warrants this type of unit, the development would continue in this fashion; if not, they would most likely change to rental units. Hornig requested that Council defino what they would like for this property and give him a chance to meet their expectations. Councilmember Anderson noted her concern that the City selected this proposal nine months ago and that Council is again being asked for additional time before the land is purchased. It was noted by staff members Pte 3 Council Minutes - 1/23/95 that the City has already invested in the area by berming and beginning a storm water study. Reducing the size of the project at this time would change the entire scope of the project and could result in the City being faced with providing additional funds upfront. Councilmember Herbst agreed that the City has been holding the land for a long time; however, since Hornig's development was felt to be the best proposal, it was his view that perhaps the City should again try and develop an agreement that includes closing deadlines on purchase of the property and also includes holding cost compensation to the City. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO DIRECT STAFF TO MEET WITH HORNIG, DEVELOP AN AGREEMENT INCLUDING DETAILS ON CLOSING ON THE PURCHASE OF THE PROPERTY, AND RETURN THE ITEM TO COUNCIL AT THE FEBRUARY 27 MEETING FOR CONSIDERATION. Motion carried unanimously. Consideralior) of a resolution calling for a public hearine on TIF District 1-19 (Mississia)i Shoresl. Economic Development Director 011ie Koropchak reported that Tax Increment Finance District No. 1.19, a 25 -year housing district, is being created for the Monticello Senior Housing Alliance, Inc., a non-profit organization. Minimum improvements will include construction of a 48 -unit housing project for senior adults, and the TIF assistance will be used to reduce and maintain rental fees at a moderate rate. She noted that Council is asked to adopt a resolution calling for a public hearing on Monday, February 27, 1995, regarding TIF District No. 1-19. Koropchak added that the conflict of interest previously cited by the City Attorney regarding Councilmembers Anderson and Herbst serving on both the Council and the Senior Housing Board no longer exists because Anderson and Herbst resigned from the Senior Alliance Board on January 16, 1995. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO ADOPT A RESOLUTION CALLING FOR A PUBLIC HEARING ON FEBRUARY 27, 1996, FOR TIF DISTRICT NO. 1-19. Motion carried unanimously. SEE RESOLUTION 95-6. Consideration of a resolution declaring official intent to reimburse (M1spisginni Shores). Economic Development Director 011ie Koropchak stated that, on the advice of the Attorney, Council is asked to re -approve the resolution declaring their intent to reimburse the City certain expenditures 8 om bond proceeds regarding the senior housing project. The initial resolution declaring intent Page 4 O Council Minutes - 1/23/95 to reimburse made at the January 9 Council meeting was made during the period of time when Councilmembers Anderson and Herbst also served on the Senior Housing Alliance Board of Directors. Because Anderson and Herbst resigned from the Senior Housing Alliance Board on January 16, a conflict of interest no longer exists, and it is suggested that the Council re - approve the proposed resolution. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO RE -APPROVE THE RESOLUTION DECLARING THE OFFICIAL INTENT OF THE CITY OF MONTICELLO TO REBOURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY. Motion carried unanimously. SEE RESOLUTION 95-7. Consideration of apnrovinq plans and soecifigations. authorizing advertisement for bids. and setting_p nublic hearine for the Meadow Oak storm sewer outlet uroiect. Public Works Director John Simola reported that at the January 25, 1993, meeting, Council selected two alternates for further study regarding the Meadow Oak storm sewer outlet project. Alternate "B" proposed running the storm water through the Rod Norell property, and Alternate "D" proposed running the storm water down the center of Gillard Avenue to the Mississippi River. After adoption of the revised storm sewer assessment policy on April 25, 1994, staff met with Monticello Township, Rod Norell, and Gene Bauer regarding impending storm sewer improvement projects and costa. The Township promised to pay for half of the 2 -inch overlay cost for Gillard Avenue reconstruction. Discussions with Rod Norell indicated he was not interested in seeing the storm sewer run through his property without a substantial payment from the City, which resulted in Alternate "B" being impractical. Simola went on to report that on June 13, 1994, Council authorized staff to proceed with bids for the project using Alternate "D" but to continue working with the Minnesota Department of Transportation, the County, and the Township, regarding oversizing the project to help alleviate ditch 33. Originally it was felt that the State would contribute to the project due to the run-off from the freeway between Meadow Oak and the Gene Bauer property. Bids received on August 12, 1994, came in $10,000 below the engineer's estimate for the alternate project, while the base project bids came in $80,000 over the estimate. With no commitment received from the County, State, or Township to pay for a portion of the alternate large pipe project, the bids were rejected, and Council chose to give the County, State, and Township, until January 15, 1995, to respond to the City regarding a cooperative agreement for paying a portion of any oversizing of the storm sewer project. Pago 5 0 Council Minutes - 1/23/95 Since the City has received no commitments from these agencies, Simola noted that the City must now move ahead with the project on its own, and Alternate "D" down Gillard Avenue remains the only alternative at this time. The estimated cost of the basic project is approximately $334,000. To add an additional 5 cubic feet per second for additional discharge into this system from future city development or from the County or State would add $70,000, bringing the estimated cost of the project to $404,000. Simola also noted that because of the delay in starting this project, it may be beneficial to hold a public hearing after the bids are received since a number of residents on Gillard are concerned about the street replacement and assessments for storm sewer. Bret Weiss, City Engineer, added that an agreement with MN/DOT had recently been reached whereby the State will pay for their share of the storm water going into the Bauer property, which will amount to between $20,000 and $30,000. Rick Busch, a Gillard Avenue resident, asked if the scope of the project has changed since last year and questioned what residents would be assessed for. Busch was informed that the project has not changed, and benefiting property owners would be assessed for street and storm water improvements. AFTER FURTHER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO APPROVE THE PLANS AND SPECIFICATIONS WITH THE ADDITIONAL 5 CU FT PER SECOND CAPACITY TO BE USED IN THE FUTURE TO HANDLE ADDITIONAL RUN-OFF FROM AREAS NOW OUTSIDE OF THE CITY THAT CURRENTLY DRAIN STORM WATER TO DITCH 33 AT AN ADDITIONAL ESTIMATED COST OF $70,000. BIDS WILL BE CONSIDERED AT THE MARCH 13 COUNCIL MEETING ALONG WITH A PUBLIC HEARING AT THE SAME MEETING. Motion carried unanimously. 10. Consideration of adontins; resolutions auth rizina Preparation of a feasibility gludv and declaring official intent to reimburse --Cardinal Hills Phase V. Assistant Administrator O'Neill reported that Value Plus Homes, Inc., has petitioned the City to complete improvements to phase V of the Cardinal Hills subdivision; therefore, Council is asked to authorize preparation of a feasibility study for installation of public improvements. The developer has deposited $2,000 with the City to cover the cost of the study. In addition, O'Neill requested that Council adopt a resolution declaring its intent to use proceeds from a f iture bond sale to reimburse the City for expenditures relating to installation of utilities. Pago 6 (D Council Minutes - 1/23/95 AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO AUTHORIZE PREPARATION OF A FEASIBILITY STUDY FOR IMPROVEMENTS TO PHASE V OF THE CARDINAL HILLS RESIDENTIAL SUBDMSION. Motion carried unanimously. SEE RESOLUTION 95-8. A MOTION WAS ALSO MADE BY CLINT HERBST AND SECONDED BY TOM PERRAULT TO ADOPT A RESOLUTION DECLARING THE CrM INTENT TO USE PROCEEDS FROM A FUTURE BOND SALE TO REIMBURSE THE CITY FOR EXPENDITURES RELATING TO INSTALLATION OF UTILITIES FOR CARDINAL HILLS PHASE V. Motion carried unanimously. SEE RESOLUTION 95-9. 11. Congideration of selectins a consultant to conduct soils correction studv at the fire hall site. This item was tabled at staffs request pending further negotiations with two consultants. 12. Q2nsideration of adoggDg madificgtion to redevelopment contract assessment agreement --Tappers. Inc. Economic Development Director 011ie Koropchak reported that recently the Council adopted a resolution modifying the TIF Plan for TIF District No. 1-9, which increased the TIF budget by $30,000. The $30,000 site improvement expenditures will occur with Bill and Barb Tapper's 18,000 sq ft expansion this summer. In addition, the Private Redevelopment Contract between the HRA and the Tappers was agreed upon and amended by both parties; however, within the Private Redevelopment Contract is an Assessment Agreement which, according to amended RtInnMiarStatutes, must now be approved by City Council prior to the document being recorded at the County. Koropchak noted that the amended Assessment Agreement increases the original minimum market value of $750,000 to $1,225,000 as of January 2, 1998. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO APPROVE THE AMENDED AND RESTATED ASSESSMENT AGREEMENT FOR THE PRIVATE REDEVELOPMENT CONTRACT BETWEEN THE HRA AND THE TAPPERS. Motion carried unanimously. 13. Consideration of uperading uniform for nublic works emnlovees. Public Works Director John Simola requested that Council consider upgrading the uniforms provided for public works employees. Currently, the City rents uniforms from Unitog, who also launders them. Employees Page 7 0 Council Minutes - V23/95 are provided five uniforms, which allows two changes per week, however, many of the employees wash their uniforms at home. The current cost of providing uniforms is $187.20 per year per employee. Simola went on to note that there have some problems with the condition of uniforms provided by Unitog, and staff has received a quote from G & K Services of Waite Park for uniform service. The minimum service provided by G & K is seven uniforms, or three changes per week, which would amount to a yearly cost per employee of $226.20. Eleven sets of uniforms, or five changes per week, would amount to $312 per employee per year. In addition, a multi -colored logo is also available for $2 each, which could be used to help better identify City employees. The Public Works Director also noted that in preparation for switching uniforms, an amount of $300 per employee was placed in the 1995 budget. Councdlmember Herbst suggested that the City also provide jackets for the public works employees. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO APPROVE A CHANGE IN UNIFORMS FOR THE PUBLIC WORKS EMPLOYEES, WITH THE CITY PROVIDING FIVE CHANGES PER WEEK FOR THE HOURLY STAFF, THREE CHANGES PER WEEK FOR THE SALARIED STAFF, AND FOUR CHANGES PER WEEK FOR THE WATER SUPERINTENDENT. STAFF IS ALSO AUTHORIZED TO PROVIDE TWO JACKETS FOR PUBLIC WORKS EMPLOYEES AFTER INVESTIGATING THE COST OF RENTING VERSUS OWNING. Voting in favor. Brad FyIe, Shirley Anderson, Clint Herbst, Brian Stumpf. Opposed: Tom Perrault. It was Perrault's view that three changes per week would be sufficient during the winter months. After discussion, a motion was made by Shirley Anderson and seconded by Brian Stumpf to approve the bills for the month of January as presented. Motion carried unanimously. There being no further discussion, the meeting was adjourned. Karen Doty Office Manager Page 8 02- MINUTES SPECIAL MEETING - MONTICELLO CITY COUNCEL Tuesday, January 31, 1898 - 8:45 p.m. Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Brian Stumpf, Tom Perrault Members Absent: None A special meeting of the City Council was held for the purpose of reviewing the Wastewater Facilities Planning Report prepared by Orr-Schelen-Mayeron & Associates, Inc. (OSM), in association with the engineering firm of Rieke Carroll Muller Associates, Inc (RrM), and to consider options for expansion of the wastewater treatment plant. Mayor Fyle called the meeting to order and stated that the residents present could ask questions at this time so that their concerns could be addressed during the meeting. Some of the concerns raised by residents included items such as notification of upcoming meetings regarding expansion of the treatment plant, odor problems at the plant, and they were also concerned about property values decreasing if the plant is expanded at the current site. It was noted by staff that the regular Council meeting agendas are published in the newspaper, and a public hearing notice will also be published in the newspaper. The residents were also informed that odor control would be discussed during this meeting. Jon Peterson of OSM reviewed the background of the current wastewater treatment plant. He noted that the original plant was built in 1960 and was renovated in the early 1980'x. The reason for the current study is to avoid future difficulties by planning to meet growth projections, as the plant is now in year 16 of a 20 -year design life. Peterson noted that based on an estimate of 76 housing starts per year, the projected population for Monticello by the year 2020 is 12,841. Based on this projection, under the current design, the wastewater treatment plant would be struggling after three years to treat the wastewater. Public Works Director John Simola added that the City may be able to extend the three-year estimate slightly by looking at ways to slow infiltration and inflow and also by making an effort to locate and stop illegal sump pump hookups currently adding to the wastewater stream. Larry Anderson of RCM noted that decisions Council will need to make include 1) the basis of design for the plant, 2) location of the plant, 3) which treatment option, 4) whether to use phased construction, 8) scheduling of a public hearing or additional meetings, and 6) consideration of a long-range solution. Anderson went on to note that there are three types of wastewater planta Council can consider: Pagel 02- Special Council Minutes - 1/31/95 An existing upgrade, which would consist of adding to the existing plant at an estimated cost of $11 million. A split treatment plant, or "B" plant, which would include construction of an additional plant at a separate location at an estimated cost of $13 million, including land cost but not siting costs. Because the W plant would not have sludge handling capabilities, this option would require trucking sludge to the existing treatment plant. 3. Construction of a new plant at an estimated cost of $19 million, excluding land and siting costs. Anderson then expanded on the first option of upgrading the existing plant by noting that there are three ways to upgrade the existing plant. The Council could duplicate the existing plant at an estimated cost of $10.9 million, eliminate the activated sludge portion by adding a 2 -stage trickling filter at an estimated $12.7 million, or the City could use only activated sludge and eliminate the trickling filters, which would cost approximately $9.9 million. Odor control problems at the wastewater treatment plant were also addressed. Anderson noted that the cost to upgrade the current odor control system would be approximatcly $300,000 to $400,000; or the City could install a new odor control system at a cost of $1.5 million. Anderson also noted that most of the time the odor would be controlled; however, there will be occasions when the odors cannot be totally eliminated. It was then explained by Anderson that the capital costs cited do not include the operation, maintenance, and replacement costs, which would result in an additional $510,000 to $560,000 yearly for all three options at the existing treatment plant site. The current cost for operation and maintenance at the plant is $395,000. Phased construction was also discussed, which would require less money upfront, and was estimated at $5.7 million for duplicating the existing plant and $8.1 million for an activated sludge system. The cost to phase an activated sludge system is higher due to the fact that a greater portion of the plant would need to bo constructed upfront. In summary, Larry Anderson noted that it appears to be less costly to upgrade the existing plant. He also noted that if Council prefers that construction occur all at once, the activated sludge option is less expensive; however, if it is preferred that phased construction be used, then duplicating the existing plant system is less expensive. It is estimated that construction would take two years, and the addition could possibly be functional by 1998 if construction began in 1998. Paso 2 0 Special Council Minutes - 1/31/95 Rick Wolfsteller, City Administrator, reported on financing issues pertaining to the various options for upgrading the treatment plant. He noted that if the City constructed a new wastewater treatment plant at an estimated cost of $19 million, homes with a $90,000 valuation would see an increase in taxes of approximately $124 a year, and a home valuated at $100,000 would see an increase of approximately $147. However, if the City phased -in construction of additions to the existing plant estimated at $6 million, a $90,000 home would see a tax increase of $60-$70 for the first phase of construction. In addition, taxes would also increase for the second phase of construction. It was noted that user fees could be increased to help pay the debt, but the best option for the City would be to fund the construction with a 10-15 year bond issue. Jon Peterson of OSM also noted that one option the Council can consider for helping to fund the plant expansion is the state revolving loan program. He noted that funds are borrowed from the state and interest is waived during the construction period; however, additional state requirements involved with this program could increase the cost of the prgject slightly. In order to take advantage of this program, the next step for the City would be hold a public hearing for the residents and then submit the technical plan for state review. ARor further discussion, it was the consensus of Council to schedule a second special meeti4workshop for Monday, February 27, 1996, at 6 p.m., to Bother review the options for expansion of the wastewater treatment plant. Staff was also directed to mail notices of the special meeting to residents living near the plant. There being no further discussion, the meeting was adjourned. Karen Doty Office Manager Page 3 0 Council Agenda - 2113% 3►. Consideration of adontina a resolution suonortina an administrative fee increase for deouty registrars. (K.D.) A. REFERENCE AN BACKGROUND: The Minnesota Deputy Registrar's Association is requesting that the City Council adopt a resolution stating its support for increasing the administrative fee collected by the Deputy Registrars on DNR transactions (boats, snowmobiles, etc.) from $.60 to $3.60. This administrative fee has �. not changed for the last 24 years, while the fee charged for handling the motor vehicle transactions has increased from $.76 to $3.60 during the same 24 -year time period. Because the amount of time required for handling the DNR transactions has increased due to boat titling and distribution of decals, the Association is requesting that city deputy registrars adopt a resolution supporting the administrative fee increase and mail copies of the resolution to our state representatives and senators. B. ALTERNATIVE ACTIONS: 1. Adopt the resolution supporting an administrative fee increase for DNR transactions from $.60 to $3.60. 2. Do not adopt the resolution. C. STAFF RECOMMENDATION: Because of the increased paperwork and staff time required in administration of the DNR transactions, City stair recommends alternative il. D. SUPPORTING DATA: Copy of letter 1}om Minnesota Deputy Registrar's Association; Copy of resolution for adoption. Minnesota ML M.D.R.A. Minnesota Deputy Registrar's Association Date: February 8, 1995 To: All City Deputies From: Jean Ewald, President of Minn. Deputy Reg. Association Subject: Deputy Registrars DNR Fee Increase The Minnesota Deputy Registrar Association is supporting legislation that will increase the Minnesota Department of Natural Resources (DNR) Transaction Fee for Deputy Registrars from the current $.50 to $3.50. Since your City would benefit from this increase, please adopt the attached resolution or a similar resolution of support. The counhi and city resolutions that were passed in 1993 were very helpful in passing the Drivers Ucense fee increase. If you are able to obtain an approved resolution from your city administrators, please duplicate the document and mail copies to: 1. Your State Representative 2. Your State Senator 3. Mr. Robert Renner Messertl & Kremer 1800 5th Street Towers 150 South 5th Street Minneapolis, MN 55402.4218 4. Minnesota Deputy Registrars Association Attn: Jean Ewald, President 7800 Golden Valley Rd. Golden Valley, MN 55427 Thank You for your help. RESOLUTION 96• RESOLUTION SUPPORTING AN ADM[NISTRATIVE FEE INCREASE FOR DEPUTY REGISTRARS WHEREAS, the 60 cent administrative fee for processing Department of Natural Resources licenses such as boats and snowmobiles has not been increased since 1971; and WHEREAS, the cost of living index (CPI) has increased more than 250% during the past 24 years; and WHEREAS, public and private deputy registrars which provide DNR license services to the public lose money on each transaction because the administrative fee has failed to keep pace with inflation; and WHEREAS, the administrative deputy registrar fee charged for handling motor vehicle transactions has incrcuacd from $.75 to $3.50 during the same 24 -year time period; and WHEREAS, the membership of the Minnesota Deputy Registrars Association has passed a resolution at their annual meeting requesting the administrative fees for boats, snowmobiles, and ATVs be increased to $3.60 for all services provided by deputy registrars in Minnesota. BE IT RESOLVED that the City of Monticello supports legislation which will increase the administrative fees collected by deputy registrars on DNR transactions from $.60 to $3.60. BE IT FURTHER RESOLVED that the City Council of Monticello encourages the League of Minnesota Cities (LMC) to adopt a similar policy as part of their legislative program for 1995. Adopted this 13th day of February, 1995. Mayor City Administrator Council Agenda - 2113/95 s. Public Hearing and consideration to auurove a resolution adoutine a LRousing Plan and Proaram for the issuance of Multi -Family Housinq Revenue Bonds. (O.K.) A. REFERENCE AND BACKGROUND: On January 9, 1995, the City Council approved a resolution calling for a public hearing of February 13,1995, regarding a proposed Housing Plan and Program and Issuance of Revenue Bonds under Minngsot k ELtatutes, Chapter 462C. The public hearing notice appeared in the Monticello Times on January 12, 1995. The housing plan defines the housing plan of the community, and the program defines the financial program to be carried out for the acquisition and eunstruction of the proposed 48 -unit multi -family rental housing facility known as Mississippi Shores. The enclosed resolution would adopt the plan and program associated with the issuance of the revenue bonds and would give preliminary approval for issuance of the bonds or is an intent to sell bonds. The City Council, at a later date, will approve another resolution for the actual sale of the bonds. The housing plan was prepared on short notice in an effort to meet statutory requirements without benefit from input by the Planning Commission or City Council. Public Resource Group did receive assistance from staff with plan preparation. It is very possible that the housing plan will be updated in the near future in conjunction with completion of the comprehensive plan. The updated plan will benefit from the public input provided during the comprehensive plan update process. The financial package for the senior housing project has not been approved as was proposed; therefore, the City Council is requested to open the public hearing and to continue the public hearing until February 27, 1995. Continuation of the public hearing allows time for the involved groups or individuals to define the project and to resolve the financial gap for funding the proposed senior housing facility. Open and continuo the public hearing to Monday, February 27, 1995, and table adoption of the housing plan and program for the issuance of multi -family housing revenue bonds. Open and close the public hearing and adopt the housing plan and program for the issuance of multi -family housing revenue bonds. Council Agenda - 2113/95 C. STAFF RECOMMENDATION: Because the financial package for the senior housing project is incomplete, City staff and HRA Attorney Bubul recommend alternative #1. D. SUPPORTING DATA: Copy of the public hearing notice; Resolution for adoption; Copy of the housing plan and program for adoption. State of kinnesota ) PRINTER'S AFFIDAVIT )ss. OF PUBLICATION County of Wright ) Donald 0. Smith, being duly swam, on oath says that be is the publisher of the newspaper known as The Monticello Times, and has full knowledge of the facts, which are stated below: (A) The newspaper has compiled with all of the requirements constituting qualifies- tkm as a qualified newspaper, as provided by Minnesota Statute 33IA.OZ 331A.07, and other applicable laws amended. (B) The printed which is attached, was M fromcolumns of said paper, and was printed and published once each week for _ usuearsivh weelu; it was first published on nursday, the Ila_ day of 119j5and was thereafter printed and published on everyThursday to and including Thursday, the my of ,19__�; and printed below Is a copy of the lower ase alphabet from A to 7, both Inclusive, which is hereby, acknowledged as being the size and kind of type used in the composition and publica- tion of the notice: BY.�L— TITL/E/ : Editor/publisher Subscribed and sworn to before me on th `'. 0411 day os Lqd, 1915, MARY a MICKE r+oraav vast c. un cora A WR16MTCOUlr7v Notary Public, Wright County, Minnesota aytiOR`10°r My commission expires RATE INFORMATION (1) Lowest classified fate paid by commercial users ' for comparable space 1111.001column Inch (2) Maximum fate allowed by law for Oro above matter S 7.38/column inch (3) Rate actually charged for the above matter S 7.39/column inch EXNW A OF NIONTICILLO NOTICE OP WBIJC�1R0ra ON A MOUSM PLAN AND ISSUANCE OF REVENUE BONDS TO FatANCE A HOUS1110 PROQRAN UNDER �OIH80TA STADll`72=D ONAPrEO MZC iOR T11B ACOIASfr10M AND CONSTRUCTION OP A TDSANLV IIOIISDIO DHVHI.OPYENT NOTICE IS HMESY OMEN tient errs Akrdeal0 Cay Carica voundn wO hold a public 0,601 on March/. Feb. 13, 19a a1 T P.M. at Ctb Napl. 250 me taws�rres ofMo � borrds under Mlraraoa Ir ,skp end=. z am anuo to as not emas bends aO be Isaac by ere Cay of"', 11, and Wer be VA. ob,,, 11 of ow Isawr pw" loom err "Na uas POW to ars prrYnrarrt arreof, old wal not be a general obapstbn of or be asorsa by are MWp iw o of 0n Clgr of mwtomwl of the proposad 1ro�Wr�p pan eM prpp�a�n M on face in pry Nd. Ai Me deehhrp to behUrd ouch" sae puD10 freaitrq ai ba afforded an opoo/Ndty to do oto. Dated: Jars, It 1095 41y ORDER � THE GTI' OPYONIICEU0.WMECOTA (Jan i3. IM THE CITY OF MONTICELLO, KNNESOTA RESOLUTION NO. ADOPTING A HOUSING PLAN AND PROGRAM FOR THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS WHEREAS, pursuant to the Minnesota Municipal Housing Act, Minnesota Statutes, Chapter 462C (the "Act"), the City of Monticello, Minnesota (the�C tylr) 9sauthorized to adopt a housing plan and carry out programs for the financing of multifamily housing which is intended primarily for elderly persona or is affordable to persons of low and moderate income; and WHEREAS, the City has'prepared a housing plan (the "Plan") , a copy of which is attached hereto as Exhibit A, in accordance with the requirements of the Act; and WHEREAS, the Authority has prepared afinancing program (the "Program"), a copy of which is attached hereto as Exhibit B, providing for the acquisition and construction of a 48 -unit multifamily rental housing facility for elderly persons (the "Project") to be looted in the City; and WHEREAS, the City has on this date conducted a public hearing on the Plan and the Program, following publication of notice at least 30 days prior to the date hereof, all in conformance with the requirements of the Act; and WHEREAS, the City is not located within the area of jurisdiction of either the Metropolitan Council or any currently active regional development commission, and therefore the Plan and Program have not been submitted for review and comment by such bodies as would otherwise be required under the Act; and WHEREAS, the Program provides for the issuance by the City of up to $3,800,000 in revenue bonds to finance the acquisition and construction of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA: 1. That the Plan and Program are hereby in all respects adopted. 2. That the staff of the City Is hereby authorized to do all other things and take all other actions as may be necessary or appropriate to carry out the Program in accordance with the Act and any other applicable laws and regulations. 3. That the issuance of housing revenue bonds by the City pursuant to the Program is preliminarily approved subject to a final doterminetion by the City that such issuance is in the boat interest of the City and this Resolution shall not be deemed to obligate the City to issue such bonds. Adopted this 13th day of February, 1995. Mayor City Administrator 67D it IO190 SQ EXHIBIT B PROGRAM FOR THE FINANCING OF KULTIFAWLY RENTAL HOUSING DEVELOPMENT Pursuant to Minnesota Statutes, Chapter 462C (the "Act"), the City of Monticello (the "City") has been authorized to develop and administer programs of multifamily housing developments under the circumstances and within the limitations set forth In the Act. Minnesota Statutes, Section 462C.07 provides that such programs for multifamily housing developments may be financed by revenue bonds issued by the City. The City has determined that it is in the best interests of the residents of the City to create a program of financing to encourage and facilitate the development of multifamily rental housing developments for families in the City (the "Program"). The City has received a proposal from representatives of Monticello Senior Housing Alliance, Inc. (the "Developer"), that, pursuant to the authority found in the Act, the City approves a program providing for the acquisition and construction of the Senior Housing Alliance Project, a multifamily housing development located at 1215 Hart Boulevard in the City (the "Project"). The acquisition and construction of the Project is to be funded through the issuance of up to $3,500,000 in revenue bonds issued by the City (the "Bonds") . The Project will be designed for rental primarily to elderly persons. The City, in establishing this multifamily housing program (the "Program"), has considered the information contained in the City's 482C Housing Plan (the "Housing Plan") , including particularly (1) the availability and affordability of other government housing programs; (ll) the availability and affordability of private marketing financing for the construction of multifamily housing units; (W) an analysis of population, unemployment trends and projections of future population trends and future employment needs; (iv) the recent housing trends and future housing needs of the City. and (v) an analysis of how the Program will meet the needs of persons and families residing and expected to reside in the City. The City, in adopting the Program, has further considered (1) the amount, timing and sale of Bonds to financo the estimated costs of the housing unite, to fund the appropriate reserves and to pay the coat of issuance; (ii) the method of monitoring and implementation of the Program to Insure compliance with the City's housing plan and Its objectives; (W) the method of administering, servicing and supervising the Program; (iv) the costs of the City, including future admdnietrative expenses; (v) the restrictions on the multifamily development to be financed under the Program; and (vi) certain other limitations. The City, In adopting the Program, considered the potential financing impact of a bond issuance on affected public agencies. In addition, the City reviewed the method of marketing the Program. Such review examined the equal opportunity for participation by (1) minorities; (il) households with incomes at the lower and of the range that can be served by the Program; (W) households displaced by public or private actions; (iv) elderly persons; and (v) accessibility to the handicapped. The Project will be constructed and financed pursuant to Subdivisions 1 and 4 of Section 462C.05 of the Act. gall$ (2�/) Subsection A. Definitions. The following terms used in this Program shall have the following meanings, respectively: (1) "Act" shall mean Minnesota Statutes, Section 482C.01, at seq., as currently in effect and as the same may be from time to time amended. (2) "Bonds" shall mean the revenue bonds to be issued by the City to finance the Program. (3) "City" shall mean the City of Monticello, State of Minnesota. (4) "Developer" shall mean Monticello Senior Housing Alliance, Inc., a Minnesota nonprofit corporation. (5) "Housing Plan" shall mean the City of Monticello 462C Housing Plan, as amended, setting forth certain information required by the Act. (9) "Housing Unit" shall mean any one of the 48 units located In the Project, occupied by one person or family, and containing complete living facilities. (7) "Land" shall mean the real property upon which each Project is situated. (8) "Program" shall mean the program for the financing of the Projects pursuant to the Act. (9) "Project" shall mean the Senior Housing Alliance Project. Subsection B. Proirrem For Financina the Prolect. It is proposed that the City establish this Program to provide financing for acquisition of the Project to be owned by the Developer, or a related entity, at a cost and upon such other terms and conditions as are set forth herein and as may be agreed upon in writing between the City, the initial purchaser of the Bonds and the respective Developer. To do this, the City expects to issue Bonds the proceeds of which will be loaned to the Developer for financing the acquisition and construction of the Project. It is expected that a trustee will be appointed by the City to monitor the construction of the Project and payments of principal and interest on the Bonds. The cost of any additional security devices for the Bonds will be borne by the Developer and payable In addition to the principal and interest on the Bonds except as otherwise provided by resolution of the City. It is contemplated that the Bonds shall have a maturity of thirty (30) years and will be priced to the market at the time of Issuance. The City will hire no additional staff for the administration of the Program. The City intends to select and contract with a financial institution or trustee, experienced in trust matters to administer the Bonds. Insofar as the City will be contracting with underwriters, legal counsel, bond counsel, the trustee, and others, all of whom will be reimbursed from bond proceeds and revenues generated by the Program, no administrative costs will be paid from the City's budget with respect to this Program except as otherwise provided by resolution of the City. The Bonds will not be general obligation bonds of the City, but are to be paid only from properties pledged to the payment thereof, which may usuooe J� include additional security such as additional collateral, insurance or a letter of credit. Subsection C. Local Contributions To The Proaram. The City through its Housing and Redevelopment Authority ("HRA"), will provide certain tax increment financing assistance for the Project in accordance with a Contract for Private Redevelopment between the HRA and the Developer. Subsection D. Standards and Reguirements Relating to the Financing of the Projects Pursuant to the Proaram. The following standards and requirements shall apply with respect to the operation of the Project by the Developer pursuant to this Program: (1) Substantially all of the proceeds of the sale of the Bonds will be used to provide funds for the acquisition and rehabilitation of the Project. The funds will be made available to the Developer pursuant to the terms of the Bond offering, which may include certain covenants to be entered into between the City and the Developer. (2) The Developer or subsequent owner of the Project will not arbitrarily reject an application from a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, or status with regard to public assistance or disability. (3) No Housing Unit may be in violation of applicable zoning ordinances or other applicable land use regulations, including any urban renewal plan or development district plan, and including the state building code as set forth under Minnesota Statutes, Section 18.83, et seq. Subsection E. Evidence of Compliance. The City may require from the Developer or such other person deemed necessary at or before the issuance of the Bonds, evidence satisfactory to the City of the ability and intention of the Developer to complete the Project, and evidence satisfactory to the City of compliance with the standards and requirements for the making of the financing established by the City, as set forth herein; and in connection therewith, the City or its representatives may inspect the relevant books and records of the Developer in order to confirm such ability, intention and compliance. In addition, the City may periodically require certification from either the Developer or such other person deemed necessary concerning compliance with various aspects of the Program. Subsectlon F. Issuance of Bonds. To finance the Program authorized by this Section, the City may by resolution authorize, issue and sell its revenue Bonds in one or snores aeries, and using any additional credit enhancement devices determined by the City to be necessary or desirable for each such series, in an aggregate principal amount estimated to be up to $3,500,000. The Bonds shall be issued pursuant to Section 482C.07, Subdivision 1 of the Act, and shall be payable primarily from the revenues of the Program authorized by this Section. The City anticipates the issuance of such amount prior to the end of 1995. SubsoctionG. SeverablUty. The provisions of this Program are severable and If any of its provisions, sontences, clauses or paragraphs shall be held unconstitutional, contrary to statute, exceeding the authority of the City or otherwise illegal or inoperative by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. ansloct SE Subsection H. Amendment. The City shall not amend this Program while Bonds authorized hereby are outstanding, to the detriment of the holders of such Bonds. AMI OS =too!., L SI CHAPTER 462C HOUSING PLAN CITY OF MONTICELLO JANUARY 1995 TABLE OF CONTENTS INTRODUCTION II. DATA SUMMARY AND ANALYSIS A. POPULATION - CITY AND COUNTY B. EMPLOYMENT STATISTICS C. AGE DISTRIBUTION AND INCOME OF RESIDENTS D. NUMBER AND TYPE OF DWELLJNG UNITS E. TENURE OF HOUSING STOCK F. SINGLE-FAMILY HOUSING COSTS AND MARKET G. MULTI -FAMILY RENTAL RANGES AND MARKET M. HOUSING NEEDS, HOUSING POLICY PLAN AND TARGET AREAS IV. SENIOR HOUSING PROGRAMS AND FINANCIAL TOOLS I. INTRODUCTION This Housing Plan undertaken pursuant to Minnesota Statutes, Chapter 462C, as amended (the 'Aa') provides data and data analysis of the city's population and housing conditions; sets forth the housing goals and policies which guide the derision making process, and identifies programs and efforts the Monticello Housing and Redevelopment Authority (the 'Authority') will pursue to conserve, preserve, enhance and expand the city's residential environment. U. DATA SUMMARY AND ANALYSIS A. POPULATION - CITY AND COUNTY Monticello's population has steadily increased in the past and has been conservatively forecasted to grow over the next 20 years at an average rate of 40%. The county growth rate is estimated conservatively at 20 pertxrtt per decade. Table I Monticello Population and Households B. EMPLOYMENT STATISTICS Table II shows major employers in Monticello with the total number of employees as of July 1993. Total employees includes f ffl and part-time workers and average number of seasonal employees. Table Il reveals that in total, the companies listed employ approximately 1,224 people. Of these employees, an estimated 75 percent live in Monticello or within a 15 mile radius of the city. 1970 1980 % 1990 % 2000 2010 Change Change Population 1,477 2,830 91.6 5,045 78.2 7,350 10,000 County 38,933 58,681 50.7 68,710 17.1 82,452 98,942 Monticello households projected prorates growth 1,908 2,779 3,782 rate Sources: Bureau of Census, U.S. Census of Pop. and Housing, 1970, 1980, and 1990 B. EMPLOYMENT STATISTICS Table II shows major employers in Monticello with the total number of employees as of July 1993. Total employees includes f ffl and part-time workers and average number of seasonal employees. Table Il reveals that in total, the companies listed employ approximately 1,224 people. Of these employees, an estimated 75 percent live in Monticello or within a 15 mile radius of the city. Table II Monticello Major Employers July 1993 101 EM21g er Emol City of Monticello t 36 Sunny Fresh Foods, Inc. 180 Fulfillment Systems,Inc. 165 Bondhus Corporation 90 Fingerhut Corporation 79 AB& Inc. 45 M dr P Transports, Inc. 38 Electro Industries 35 Jones Manufacturing 25 Genereux Fine Wood Products 23 Rainbow Enterprises, Inc. 12 NSP Service Center it Automatic Garage Door Company 11 Tine Service Equipment Mfg. Company 9 Northern States Power 33u Remmele Engineering, Inc. 60 Northern States Power Training Center 45 The H -Window Company --A 1,224 Source: Monticello Community Profile As can be seen in Table III, the employment in the region and the local economy is still widely diversified. Average production wages range between 57.00 and $13.00 per hour. Employment is expected to continue to grow over the next five years. The last three years have been particularly strong with the Monticello Industrial base adding approximately 300 jobs. (sD Table M City Employment by Industry Sources: Bureau of the Census, 1980 - 1990. 'Finance, Inswaace, and Real Estate C. AGE DISTRIBUTION AND INCOME OF RESIDENTS Monticello, like other communities across the country, is finding that senior citizens are among the fastest growing segment of its population. In addition, pen= 25 -years of age and over saw significant increases in numbers from 1980 to 1990. no sheer nurnerical increases in this housing market points to a significant need to offer new types of housing for citittns with a wide array of incomes and needs for services. Secondarily, the 'baby -boomers' or persons from 25 to 44 years old were the sector of population to most increase its share from 1980 to 1990. Table IV Monticello Area Age Distribution AV 12.E MQ Total 1,123 2,323 Agriculture, Forestry & Fishing 26 31 Mining — — Construction M 131 Manufacduing 216 487 Transportation, Comm. & Public Utilities 97 244 Trade 282 553 F.I.R.E.• 38 125 Services 360 702 Government 34 50 Sources: Bureau of the Census, 1980 - 1990. 'Finance, Inswaace, and Real Estate C. AGE DISTRIBUTION AND INCOME OF RESIDENTS Monticello, like other communities across the country, is finding that senior citizens are among the fastest growing segment of its population. In addition, pen= 25 -years of age and over saw significant increases in numbers from 1980 to 1990. no sheer nurnerical increases in this housing market points to a significant need to offer new types of housing for citittns with a wide array of incomes and needs for services. Secondarily, the 'baby -boomers' or persons from 25 to 44 years old were the sector of population to most increase its share from 1980 to 1990. Table IV Monticello Area Age Distribution AV AV � i AV Ar Total P 17 le- 24 25 -44 45-64 65 & Ova 1980 1990 1930 1990 1980 1990 1980 1990 1980 1990 I930 1990 Number 2.1130 3.043 959 1,237 337 363 702 1.604 393 709 419 882 Percent l00% 100% 33.9% 23.S% 12.6% 11.2% 24.6% 31.1% 13.9% 14.1% 14.3% 17.5% i Sowca: Iluruu of tho Cca=, U.S. Cemw3 of Population and Housiq, 1990 and 1990. Household and family income in the Monticello are have shown steady increases and diversification over the past decade. Again, these data point to a need to diversify the housing options for the community. 1989 Table V Monticello Area Family Income S35,000- demur Ow 1979 and 1989 $10.000 $14.999 $24.999 $34.999 - 1979 (mama Les. than S10,000 - S 13.000 - 523.000 - S35.000- G.eaw dm Median $10,000 514,999 $24,999 $34,999 x4,999 $73,000 h.— N— 170 182 241 208 130 9 $17.941 1 Ptrroeat 17.8% 19.0% 23.2% 21.7% 13.75 .6% as 1989 Lan than $10,000- S IS.000 - 523,0011- S35,000- demur Ow Medina $10.000 $14.999 $24.999 $34.999 $74,999 573.000 (mama Number 118 136 191 244 483 101 533,202 Ptreeot 9.3% 10.7% 13% 19.2% 37.95 7.9% 1 m Nom: Number may not equal 100.0 due to rounding. Sources: Bureau of the Census. U.S. Ceasm of Population and Housing, 1980 & 1990. Table VI Monticello Am Housebold locome 1989 Lea than 510,000 - $13,000 - 523.000 - 5331000 - dascer 000 Median SI0,000 514.999 524.999 534.999 174.999 573,000 lmoma Number 258 244 236 319 597 101 129,383 Percent 14.3% 13.7% 14.4% 18.0% 33.6% 3.7% m ' Nom: Number may not equal 100.0 due to ramding. Sounoea: PNrm of the Census. U.S. Ceram of Population and Housing, 1980 & 1990. 7 D. NUMBER AND TYPE OF DWELLING UNITS Monticello is a city with a majority of owner occupied housing units. However, a significant share of the total housing stock is multi -family rental units as evidenced by the following table: Table VII Dwelling Units 1994 Dwelling Type Percent of Total Numbers Single Family - Detached 53.8% 1,192 1 Townhouse 3.6% 79 Duplex 3.3% 74 Other Multifamily 30.7% 679 Mobile Home 8.1% 180 ( Other .5% 11 Source: 1994 Utility Billing Information, City of Monticello E. TENURE OF HOUSING STOCK The age of the housing units varies widely in Monticello. However, over one-third of the owner -occupied housing was built from 1980 - 1989 and over 75 percent of all housing units were built after 1960. This trend shows the tremendous growth of the community. Table VIII Monticello Area Age of Occupied Housing Units (Percent of Total Occupied Structures Owned and Rented) 1990 urd am ade be Bela awl be tads Pebb 1910 1910. 19W 1910. 1131 19661969 1970. 1979 191M19a9 Adr 1990 Idc6v no 157 63 111 179 503 113 399 /wcra IODS IIA{ IBS 6.10 $.IS 13.11 16.7% 1130 2m 1 awe= Oran Comm. UA. Cao or Popubd" d Hoak& IMO L 1900. F. SINGLE-FAMILY HOUSING COSTS AND MARKET Monticello has a wide variety of housing, from older, pre -World War II housing to IM ramblers to split-level design of the 1960s and 1970s. The newest housing also reflects architectural designs of the 1980s, with bay windows, gabled roofs, and two -stories. The vast majority of the housing stock has been well-maintained and pride of ownership is evident The Monticello School District has an excellent reputation and Monticello is perceived as a very desirable community is which to live. Housing is affordable, with average home values between (70,000 and $90,000. However, bomes in this price range are in high demand. In addition, the lack of available alternatives for other market segments (particularly empty -nesters and seniors) has resulted in persons remaining in their homes longer than necessary. If these people had been able to move, their homes could have been purchased by other households. The following are the key factors at work in the for -sale market: Substantial shortage of resale homes in all price ranges due to recent strong sales activity, and older homeowners not selling. Loral real estate agents have buyers who are looking to buy. Much of the reason for the lack of available homes for sale is tied directly to the number of senior citizens who continue to reside in their own homes. Homes in Monticello are generally well-maintained and in good condition. Greatest demand is for homes priced between $70,000 and $90,000 and homes priced between $110,000 and $130,000. There is limited demand for homes priced $170,000 and over. G. MULTI -FAMILY RENTAL RANGES AND MARKET Most of the rental housing in Monticello was built in the 1970s and 1980s. Much of the rental product lacks features and amenities desired by today's renters. Market rate rents in Monticello are affordable, however, with one -bedroom unit rents ranging from over $200 per month to $400 per month in a larger rental complex built more recently. Two•bedroom unit rents range from $290 per month to 5384 per month. The following key factors summarize the rental housing market situation in Monticello: General occupancy rental housing on average has kept pace Monticello's needs over the past twelve yeah; Existing market nue rental housing does not offer newer features and amenities desired by today's renters; Shortage of market rate housing for several senior market segments; Usage of income -restricted rental housing where residents are paying market tent; Non-traditional housing (i.e. rented mobile homes, cabins, garage apartments) which offer affordable rental housing, but tend to be less visible and less easily monitored for maintenance and upkeep. III. HOUSING NEEDS, HOUSING POLICY PLAN AND TARGET AREAS Table XI Projected Housing Needs Year Year 2000 2010 Number of Units • Single Family/Two Family 390 650 • Market Rate Rental 120 195 • Total New Units 510 945 An analysis of the data clearly indicates that there is a need for additional single-family and multi -family housing development in the City of Monticello. Single-family needs appear to lire within a moderate price range and a higher end price range. The Monticello Housing and Redevelopment Authority (HRA) and the City have found that the higher -end housing should be driven by market fortes and assisted by public entities only in the typical governmental roles of providing udlitia to lots and maintaining and expanding other public improvements. Home- ownership of moderately priced housing can be promoted through a variety of existing homes. The HRA and the City have also found that moderately priced homes could be made available by increasing the opportunities for senior citizens. Because the private market has not independently provided rental housing in sufficient numbers to mat the needs of the senior citizens, the HRA and the City have found that public intervention is necessary to provide safe and decant housing. The City recognizes that there are a variety of housing nods within the community including blighted housing, home energy and insulation improvements, toed improvements, and utility upgrades. These needs will be addressed concurrently with the other emphases of the Housing Plan. The development of the multi -family housing in the community is expected to be one of the most efficient means to increasing available housing units, increasing employment, and improving the health and welfare of its residents while maintaining the lowest cost and least risk to the taxpayers of the City. The City and HRA currently intend to target the senior mgment of the population for housing programs. Administration of housing programs will be handled by the HRA through its Executive Director in concert with City staff and community organizations. All housing assisted by the City or HRA will be professionally and independently managed and will be subject to the HRA's review on an annual or bi-annual basis. IV. SENIOR HOUSING PROGRAMS AND FINANCIAL TOOLS Currently the City and HRA are planning to provide financial assistance to the Monticello Senior Housing Alliance, Inc. who will construct and own 48 units of senior housing located adjacent to the Monticello -Big Lake Hospital. Construction is expecx I to begin in April of 1995 and be completed in October of 1995. Rents per unit are anticipated to be between 5595 and 5870 per unit including all utilities and Furnishings depending on one -bedroom or two-bedroom units. For more details, see the program for the financing of multi -family rental housing development, approved concurrently with this housing plan. (R) Council Agenda - 2113/95 Consideration of reviewing assessor's reuort for 1894 and setting the Board of Review for 1998 - Jerry Kramber. (R.W.) A. REFERENCE AND BACKGROUND: The County Assessor, Mr. Doug Gruber, has tentatively set Thursday, May 4, 1995, at 7 p.m., as the date for our 1995 Board of Review meeting. The purpose of the Board of Review is to allow property owners within the city the opportunity to ask questions relative to their property valuations that have been established by the City Assessor for taxes payable in 1996. Our City Assessors, Jerry and Peg Kramber, along with Mr. Gruber, will be at the meeting to field questions from citizens on their valuations. If the Council has a problem with Thursday, May 4, the County Assessor would like to know so that a new date can be arranged. Our Assessor, Jerry Kramber, has completed his review and paperwork regarding our assessment for taxes payable in 1995. Mr. Kramber has prepared a brief summary report that outlines some of the parcels he has physically reviewed along with some other data relating to commercial sales, residential sales, and how these relate to our sales ratios. Since the Council will be confirming the date for the Board of Review at this meeting, I thought it would be appropriate to have Mr. Kramber available at the meeting to answer any questions the Council may have on how the assessment process went this year. As it is pointed out in the summary report from the Assessor, Mr. Kramber has made some adjustments to how residential lots have been valued in the core city. In the past, it seems that many of the residential lots were valued approximately the same whether they had one, two, or three lots if they were all one home site. In reality, there is definitely a difference in value for a 66 -ft wide lot versus a home that actually has 3 or 4 lots. As a result of these changes, we may have a number of inquiries from residential property owners once their new valuations aro mailed, as some parcels received hefty increases in valuation because of the revisions made. In addition to the residential lots in the core city, Mr. Kramber has noted that he also has increased the value on river lots and lots abutting the Monticello Country Club. Again, this is based on actual market conditions and should more accurately reflect the true values. As I noted, I've asked Mr. Kramber to be in attendance at the Council meeting to answer any questions the Council may have on the summary report or the assessment process that he has recently completed. The only Council Agenda - W13/95 action needed by the Council other than reviewing the report with Mr. Kramber concerns confirming the Board of Review date so that the County Assessor can be notified as soon as possible. D. SUPPORTING DATA Copy of letter from Doug Gruber; Copy of summary report from City Assessor, Jerry Kramber. Rick Wolfsteller Monticello City Administrator 250 E. Broadway Box 1147 Monticello, MN 55362 Dear Rick& DOUGLAS M. GRUBER Wright County Assessor Wright County Gouernment Center 10 2nd Stan N.W. • Raom 240 BWfalo. A mwsota 66813.1183 Phone. (8 1 21 6C-=71(612) 92-730 FAR: (612)60-0178 February 3, 1995 Please be advised that your 1995 Board of Review has been tentatively set for Thursday, May 4, 1995 at 7r00 P.M. If we do not hear from you by March 15, 1995, we assume this Is satisfactory. Thank you. Incerely, r)�tit Douglas M. Gruber Wright County Assessor DMG/ga E4W QV—XftY / 4#L- atw Anlw Finpfoyn (ii) _7&am6e.r aE-2ssocrales, .enc. January 5, 1995 Rick Wolfsteller, Gary Anderson and Members of the Monticello City Council 250 East Broadway Monticello, Minnesota 55362 REAL ESTATE ADDRALSEIMASSESSORS Dear Mr. Wolfsteller, Mr.Anderson, Council Members, D.O. Sm 56 1Aamma Mn 33363 (612)6753746 Rramber b Associates, Inc. would like to thank you for the opportunity of being your City Assessors for the 1995 Assessment Year. The help and cooperation of everyone at City Hall was greatly appreciated. Please find enclosed the following data for your review: 1) Commercial sales and sales ratios for 1994. 2) Residential sales and sales ratios for 1994. 3► List or the 256 of parcels veiwed by parcel number. 4) List of building permits issued for 1994 and the percent complete as of January 1, 1994. The County Assessor, requested a review of the retail businesses along Broadway. The review showed that the land square foot rate should be reduced from $3.85 to $3.50 and minor up and down adjustments were made on some of the building values. There will always be an on-going attempt by the assessor to collect and analyze rent, lease and sale information to assist in a better commercial assessment. The residential sales ratio for 1994 was 91.6 and the 1993 sales ratio was 90.4, which indicates that even with the changes we made last year, we've gained just a little towards achieving our goal of a median sales ratio of 95. It is apparent that the market is increasing at a much faster rate than our estimated market values. We are still on the low side of the required 906 to 1056 range. The County increased the residential square foot rates approximately 56. There were no rate increases for garages, basement finishing, decks, porches, etc. The residential rate change is expected to have an overall increase of approximately 26. The charts and tables that were established to equalize effective ago will have an additional effect of approximately 26 to 36. However, some residences in our 256 viewing area may notice more of an increase than what was stated previously. This may be due to the assessor changing the grade, condition, effective age, land value, etc. and picking up building permits, central air, basement finishing and so on. Residential land was reviewed and sales indicated that special attention should be given in the following areas: 1) River Lots: Land values were established on a frontage basis rather than on a per lot basis. Please see attached. 2) Parcels throughout the original residential plats were increased to reflect more realistic market values. Please see attached. 3) Lots abbuttinq the golf course on Club View Drive: Sales indicated lot values to be $50,000 rather than in the $30,000 to $45,000 range. Just a general note. The response from homeowners on the door hangers that were issued this year was approximately 506. If there are any questions on the data submitted, please don't hesitate to call. Any questions or concerns regarding market value by the residents of Monticello should be referred to Rramber 8 Associates,Inc. at 612-675-3748, so they can be resolved prior to the Board of Equalization meeting. Res fully, J r RNrambe Rramber 8 Associates, Inc. cc: Douglas Gruber Bright County Assessor MONTICELLO 1995 ORIGINAL PLAT RESIDENTIAL LAND VALUES 1 Lot (66 feet) $14,000.00 1.25 Lots (82 feet) $15,000.00 1.5 Lots (99 feet) $17,000.00 1.75 Lots (117 feet) $18,500.00 2- 2.5 Lots (132'to 154') $20,000.00 3 - 4 Lots (198' to 264') $25,000.00 5 Lots and Up (330' and up) '530,000.00 Parcels in the original plate range from 1 lot to 5. lots. Until the 1995 Assessment, most parcels were valued at approximately $12,000.00. In analyzing many sales, it was apparent that tau alae of Lite parcel influenced the sales price. Therefore, the above rates were established. The sales ratio on larger parcels in 1994 was approximately 836. The same sales were analyzed with the new 1995 rates and the sales ratio is approximately 926. RIVER LOTS Up to 50 feet $30,000.00 51 feet to 75 feet $35,000.00 76 feet to 100 feet $37,500.00 Over 100 feet tat 100 feet $37,500.00 Remainder $50/ff Many river lot sales were analyzed and the sales ratio based on 1994 was approximately 78%. These same sales were analyzed with the new 1995 rates and the salon ratio in approximately 95%. 9 a a a a i a i a i i a 0 m i i a m= Q 11/00/94 0.21 •1• SALES RATIO STATISTICAL I1FORMTlOH ••• SR130-010587 PAVE 44 SORTED 8,. ........... TOI019HtP AREA PROPERTY CLASH PERIOD FROM 10/97 TO 9194 SELECTIVE NATURE TYPfB.. 1 RANGE OF TOINIBIIIPS...... 101 rHPU 220 ACLASa TYPES......... LL THP -135 CM OF PDNTICii-o.. ANSA -00. CLASS -06 RES 1-7 UNITS AV PRICE CT -PLAT -PARCEL GALE OATH DOC • BALQ PRICE 1MT VALUE BALESAAT10 ACRES PHP ACRE INVALID REASON 171-010-009090 06/v •8770 9].000 9].•00 100.1] 0000 SALE 175-010-016090 10/9] •6017 6!.000 •0.900 72.00 0000 BALE . 151-010-027060 lt/v7 •67:0 66.000 5]•000 80.70 0000 SALE 155-010-027060 OB/91 A9820 73.000 $a. 000 71.72 0000 BALE 155-010-077070 05194 •70.9 •+.COO +7.000 67 19 0000 BALE 155-010-029020 0!/91 •8196 •0.000 75.900 09 75 0000 SALE 155-010-0•.0.1 o!/9A 49127 90.000 ,•.700 e2. 56 Coop BALs 175-010-057010 0!/01 •8812 57.000 98.100 101.97 0000 SALE 155-910-067010 07/91 470.4 109.790 88.600 00.77 0000 BALE 173-)10-067100 071,4 4Besl •5.000 40.100 94 2 0000 SALE 175-)17-001110 07/94 •7081 I.A.000 10•.200 72.]6 GOOD 9AL8 177-911-001720 10/97 •6141 157.900 196.000 M 70 coo GALE 175-013-011100 OB/9• •9176 70.000 47.100 12. 71 0000 BALE 17!-01!-022070 10/97 17817 100 000 67.000 67,00 0000 BALE 153-015-02!050 0719• •8090 15.000 Y^.700 72.•7 0 30 BALE 155-915-072061 10193 •6619 107.000 107,000 100 04 0000 SALE 175-017-002070 10/9] A= 77.,00 76.000 100.17 0000 GALE 155-919-007040 05/91 •8471 76.000 •3.300 00 11 0000 GALE 155-019-007070 07/9• 6071! 99.300 12•'00 88.97 0000 SALE 153-020-003060 0719• 47627 77.500 74.900 101.90 0000 GALE 135-020-003070 08/94 40889 e9. Coo 50.•00 7].77 .000 BALE 13!-)20-005100 03/94 47727 110.300 90.:00 00.76 00011 aAL9 135-021-002170 OB/v4 •,107 7],000 31,700 71 38 0000 BALE 133-021-002750 10: 97 461]0 09.900 75.:00 03 67 C000 SALE 177-021-001020 01/9• 48209 )9.000 67. 000 97 19 0000 OALH 175-024-001050 05/94 48264 78.300 72.000 92..8 COOL) GALE 155-024-002010 06/94 49125 .7.000 72.700 74 03 0000 BALQ 173-)24-0020]0 07/9• 47111 79.000 69.7x,0 M :7 OODJ SAL 155^)25-001010 02: 94 47401 170.000 104.]:0 80 70 0000 SALE 155-J2•-JOlU60 01.9• 4009• 7].900 e2.]:W G• 70 0000 CALE 137-026-002070 03,94 47443 69.900 60.1-00 91 56 0000 SALE 135-0]1-002020 07194 47730 67.000 6]•'00 94 e7 0000 GALE 157-0]1•-00]050 02/94 47]16 9].900 74.-M 09 27 C000 BALE 135-031-004040 10/9] 46277 •1.500 64.650 06.00 C000 9ALa 155-071-004050 0':.1 49111 61.500 ♦1.•00 10 96 C000 GALE 155-0]3-001040 111,7 66715 97.500 96.100 1[ 16 COOL) CAL[ 153-037-001050 07:0• •0756 '7. 4GO 72.600 43 20 0000 CAL[ 135-0]]-OOIOvO 12/9] 4e3o8 69.900 63.700 97 47 0000 OALH 155-oa]-507750 oa/•. .7542 7.,000 eQ,lro •2 oa coo. HAL[ 155-077-002070 OB/v4 •vlBl 91.500 77••00 82.0' COO. SALE 155-077-002100 0]19• 47•!• 00.300 GO. 900 11 70 0000 GALE 155-0]3-001111 12/05 17272 50.400 30.700 loo 20 coon GALE 155-3]3-0041]0 01/94 471•] 00.950 96. 1? o7 t0 COOD HALF 155-oa5-001150 02;0• •+:'s 70.000 61._M 81.32 COOL) BALE Ins -057-007010 .). /91 1011• .6. 3L)0 64. i-io 97 .• 0000 BALE 135-010-00]000 0: os •7402 B]. 9C'. 77. ') 17 :� 0000 PALE i i iii i i i i i i i i i iii s s s a 11/00/91 8.21 ... DALES RATIO STATISTICAL INFORMATION ... BR170-010507 PACE 95 ' SORTEDEY.. . ........ . TOWNSHIP MEA PROPERTY CLASS PERIOD FROM 10/97 TO 1/99 SELECTIVE NATURE TYPes.. 1 _ RANGE OF TOWNSHIPS...... 101 iHRU 220 1 ALL CLASS TYPES......... TIP -155 CITY OF MONTICELLO. MEA -00. CLASS -06 REG 1-0 WITS AV PRICE CT -PLAT -PARCEL BALE DATE DOC 6 BALE PRICE MIT VALUE SALES RATIO ACRES PER ACRE INVALID REASON 155-099-009170 OB/94 99048 115.000 122.500 106 52 GOOD GAIT ' 153-093-007010 11/97 •6777 02.900 78.000 95 05 0000 BALE _ 155-093-006000 10/97 46170 110.92050 01.000 100 97 0000 GALE 15'Y096-001060 07/96 90902 112.700 MI6. 700 107 36 0000 SALE ' IDS -096-001070 07/99 67181 170.500 191.200 62 S2 0000 BALE 155-090-001070 10/97 962]1 100.000 90.300 90.50 0000 BALE 135-098-001190 05/91 98125 120.000 100.500 90 92 0000 BALE ' 155-090-002020 00/99 19150 97.000 89.700 96.95 0000 SALE 155-099-001080 02/99 97220 70.500 60.000 06 29 GOOD BALE 155-055-001090 OB/99 99027 09.500 617,100 01.78 0000 BALE ' IDS -059-007010 021179 97227 95.000 9J. 600 95 77 0000 BAIfi 155-062-001010 09/99 97599 96.000 06.000 09 50 0000 BALI IDS -ON -007020 11"3 97172 79.900 77.100 •7 60 COOD BALE 1 155-065-001020 10/97 93990 190.000 175.000 16 97 OOOU BALI i DD -063-001050 10/97 96278 190,000 175.000 96 97 COOD SALE 155-065-001080 10/97 96161 190.000 175.000 96 97 0000 BALE ' 155-061-007060 06199 90091 76.000 70.100 92 29 C000 SALE 155-070-002130 07199 90870 176.000 177.000 177 99 0000 SALC ' I3D-500-072901 12/97 67009 73.100 72.300 96 99 0000 SALE .99. .I7. .92. .99. .97. TOT ARSE DOOR•0 MT VAL 7.107.000 93.000 O MEDIAN COEFFICIENT O7 DIOPERBION O U 0 ' MEAN BALED RATIO 09 a11 0 0 OIANUMD DEVIAIION 10 / 0 jf MEDIAN BALES RATIO 91 a 95 O J COEFFICIENT OF VM IAIION II 9 0 AOOREOAIC BALED RATIO 89 9 55 0 0 TUIAL OALfi PRICE 5.609.150 • PRICE RELA160 DIFF 99 1 100 O 0 AVERAGE OAL6 PRICE 07.998 BALED RATIO RANGE 57 7 J O NUMBER OF PARCELS USED 60 66 1 V _ a i M a a i M M m m i m m m m m m m to 11/08/91 E.21 ••• "-FR RATIO STATISTICAL INFORMATION •9• SR170-010567 PAE 46 SORTfiD BY ....... ....... TOWNSHIP AREA PROPERTY CLASS PERIOD FROM 10/93 TO 9/94 SELECTIVE NATURE TYPES.. 1 RANGE OF TOWNSHI P8. .. ... 101 THOU 220 ' ALL CLASS TYPES......... TIP -155 CITY OF MONTICELLO. AREA -00, CLASS -07 RES 4. UNITS AV PRICE CT -PLAT -PARCEL SALE DATE DOC 4 SALE PRICE MKT VALUS BALES RATIO ACRES PER ACRE INVALID REASON 105-010-054070 09/94 40607 :00.000 109.600 92.00 0000 SALE •94• •97••92• •94• •97• •92• TOT ASSESBOR'a MKT VAL 109.600 0 O MEOIAN COEFFICIENT OF DISPERSION J O .0 ' MEAN SALES RATIO 920 0 0 STANDARD DEVIATION . J 0 0 NNEDIAN BALES RATIO 92.0 .0 .0 CDEFF ICIENT OF VAR IATIOM V .0 .0 AGORfiOATfi SALES RATIO 92.8 .0 .O TOTAL BALE PR ICH 200.000 ' PRICE RELATED DIF P 100 0 0 0 AVERAGE SALE PRICE 200.000 BALED RATIO RANGE 0 0 .O NUMBER OF PARCELO USED 1 1 0 0 �.mmmmmmmmmAmAmAmmms� / 11/09/94 8.71 ... SALES RATIO STATISTICAL INFORMATIOM «. SR130-010587 PAVE 47 SORTED BY ............... TOWNSHIP AREA PROPERTY CLASS PERIOD FROM 10/93 TO 9/94 _ SELECT IvE IMTUNH TWH9.. 1 RANGE OF TOWNSHIPS ...... 101 THRU 720 ALL CLASS TYPES......... -TWP--13K CITY OF MOPITICELLO. ARRA-OO. CLASS -12 COMMERCIAL IM AV PRICE C,T-Pt_AT-0.000. 9AL9 DATE DOC 1 ^..tiLC PgiCH MAT vALVE bAlfs N.ilO ACR115 rEp ACRE INVALID REASON 17b -010-0090w o7/v. .7y66 279.000 198.800 so ao00 BALE 155-010-0670 30 01n. .7�8. 300. oo0 27:.800 72. 2a aoo0 &LLE _155703.-0010ao 09/9. .9299 375.000 718..00 �Y. 7. 0000 BALE N.• .93• .97. .9.• .93. TOT ASSESSOR -9 MKT VAL 669..00 0 0 MEDIAN COEFFICIENT OF DISPERSION 13.0 .0 MAN BALES RATIO 72.9 .0 .0 STANDARD DEVIATION 12.2 .0 MEDIAN SALES RATIO 72.2 .0 .0 COEFFICIENT OF VM IATION 16.1 .0 ACOREOATS SALES RATIO 70.5 .0 .0 TOTAL BALE PRICE 950.000 PRICE RELATED DIFF 103.. .0 0 AVERAGE SALE PRICE 316.667 SALES RATIO RANOE 29.9 .0 0 MEMBER OF PARCELS USED 3 'J 0 Council Agenda - 2113/95 Consideration of confirming anointment of new Fire Chief • Mark Wallen (R.W.) A. REFERENCE AND BACKGROUND: According to the fie department bylaws, fire department members elect a Fire Chief who is supposed to be ratified by the City Council. The Fire Chief is actually appointed for a two-year term, with the current term expiring at the end of 1994. The previous Fire Chief, Mr. Jerry Wein, had served in this capacity for the past six years; but he has elected not to continue as Fire Chief due to the time contraints of his employment. Being on the road as a salesman for Larson Manufacturing, he has been finding it difficult to devote as much time as he wanted to the position. The fire department members recently elected Mark Wallen as the new Fire Chief subject to City Council ratification. Mr. Wallen has been a member of the fire department since 1977 and works at the NSP Power Plant. In accordance with the fire department bylaws, it has been the past practice of the Council to ratify the department selection as a Fire Chief, and I do not know of any reason at this time why the Council would not do likewise for Mr. Wallen. ALTERNATIVE ACTIONS: I -S Council could ratify the election of Mr. Wallen to be the new Fire SQ Chief. Do not ratify the appointment of Mr. Wallen as Fire Chief. Since it has normally been up to the fire department members to elect their own Fire Chief, I am not aware of the Council not ratifying the recommended candidate. Staff does not know of any reason why the Council would not want to confirm Mr. Wallen's appointment as the new Fire Chief. P. SUPPORTING DATA: None. Council Agenda - 2/13/95 e. f&nsideration of an undq6k rpgort gn Senior Citizen Center activities for 1894 • Pam Loidolt. (R.W.) A. REFERENCE AND BACKGROUND: Senior Citizen Center Coordinator, Pam Loidolt, will be in attendance at the meeting to update the City Council on the activities that have taken place in 1994 at the Center. At this time, the Center is not requesting any specific action being taken by the Council other than discussion of the activities that have taken place and acceptance of the report as presented by Pam. Pam has indicated she will be supplying the Council with statistical data Monday evening. �ontice!/ Monticello Senior Center 107 Cedar Street, Monticello, MN 55362 Phone: (612) 295-2000 ;Senior ECEnteNr TO: Monticello City Council Members L FROM: Pam LXoidolt, Senior Center Director SUBJ: 1994 Senior Center Statistics DATE: February 7, 1995 I have enclosed statistics slurunariting the usage of the Monticello Senior Center, comparing the years 1993 and 1994. 1 will be attending the February 13th City Council meeting to give a brief report on senior center activity in 1994 and to answer any questions about the program that you may have. I will also outline senior center goals for 1995. 1 look forward to seeing you on February 13th. J J MONTICELLO SENIOR CENTER 1994 COMPARATIVE STATISTICS Unwhrpli=od Duplimted Duel. Parddp= Volw= Haus Phone Calls Acuvit n Offend Pnrticiv=" ?ankioanu (orgmrized & unam Reowed (mdapliemed) c am) adman) 1993 447 2,604 4,000 1,279 850 36 1st Quarter 1994 493 2,997 4,200 1,375.5 892 43 1993 528 3,501 4,700 1,382.5 759 38 2nd Quarter 1994 •696 3,544 4,900 •'2,097.5 870 42 1993 628 3,833 5,100 1,656.5 737 34 3rd Quarter 1994 669 3,348 4,800 1,611 744 46 1993 $42 3,099 4,028 1,536 681 42 4th Quarter 1994 421 2,889 4,000 1,700 689 44 TOTALS-1993 1,104 13,037 17,828 5,854 3,027 65 TOTALS-1994 1,259 12,778 17,900 6,784 3,195 73 *Reflects Open House guests **Reflects 150 non-senior volunteer heure for remodeling Q Council Agenda - 7113/95 Coneideral;_ion of o Dkt of phase V of the Cardinal HiUs subdivieiopA2ulicant. Value Plus Homes. (J.O.) A. REFERENCE AND BACKGROUND: Enclosed is the preliminary plat of phase V of the Cardinal Hills subdivision. Phase V includes 34 lots, which is slightly smaller than the previous two phases. I plan on providing a complete site plan review at the meeting. B. ALTERNATIVE ACTIONS: 1. Motion to recommend approval of the preliminary plat of phase V of the Cardinal Hills subdivision. 2. Motion to recommend denial of the preliminary plat of phase V of the Cardinal Hills subdivision. C. STAFF RECOMMENDATION: Phase V is completely consistent with the development plan previously reviewed and approved by the City, therefore, approval of this phase is virtually a housekeeping matter. Staff, therefore, recommends alternative #1. A copy of preliminary plat will be presented at the meeting. Council Agenda - W13/95 ro. Consideration of aonroving Klein Farms EAW and authorizing submittal to Environmental Quality Board. (10.) A. REFERENCE AND BACKGROUND: A few months ago, City Council authorized completion of the Environmental Assessment Worksheet (EAW) in cor; unction with development of the Klein Farms plat. The approval was subject to the developer providing the City with funds necessary to complete the Klein Farms' share of the EAW and one-half of the cost to provide supplemental information describing the extension of trunk sanitary sewer service serving the Klein Farms and other future development areas. Emmerich provided the funds as requested by City Council whereupon OSM completed the EAW, which is now provided for your review. The EAW process is required when a project reaches a certain magnitude of development. Local governments such as Monticello are responsible for coordinating the environmental assessment process. The EAW basically summarizes the development proposal as identified in the 80 -acre preliminary plat on the north side of School Boulevard and also outlines in conceptual terms the proposed development of the south 80 acres of the Klein Farm development. If the City Council votes to accept the Klein Farms EAW and authorizes submittal of the document to the Environmental Quality Board, the EAW will then be submitted to a variety of organizations and institutions concerned with environmental issues. A notice of the availability of the EAW will also be published in the Environmental Quality Board Monitor as notification to all interested parties not otherwise on the EQB mailing list. Individuals or organizations wishing to comment on the EAW will have 30 days in which to submit comments to the City. After the 30 -day period has expired, the comments obtained will be presented to the City Council, at which time Council will be asked to consider making a negative declaration of impact associated with the development. The negative declaration of impact is required before the project can proceed any further. Motion to accept the EAW and authorize submittal to the Environmental Quality Board. Motion to deny neceptanra of the EAW. Council Agenda - 2113/95 C. STAFF RECOMMENDATION: Staff has had the opportunity to review the document and make adjustments accordingly. It is our view that it accurately outlines the environmental issues relating to the development of the site and, therefore, it is appropriate to accept it per alternative Hl. D. SUPPORTING DATA: Copy of Environmental Assessment Worksheet for the Klein Farms and trunk sanitary sewer utility extension. Council Agenda - 2113/95 11. Consideration of accgntkw Klein Farms residential subdivision feasibility study. AND 12. Consideration of ordering 41ans and stecificgtions for improvements to the Klein Farms residential subdivision. W.O.I REFERENCE AND BACKGROUND: Council is asked to review the feasibility study and consider authorizing preparation of plans and specifications for the Klein Farms residential subdivision. Tony Emmerich has indicated that the costs of the project are consistent with his expectations, and he supports moving ahead on the project. He has noted that he plans on providing the City with funds necessary to complete plans and specifications. The feasibility study outlines improvements to the Klein Farm residential subdivision and does not include the study of School Boulevard, which is also planned for construction in 1995. Under the School Boulevard project, School Boulevard, along with utility services, will be extended from Fallon Avenue to Highway 25. The School Boulevard portion of the total project has also been funded by Emmerich and is currently being completed by OSM. The timing of the School Boulevard bidding process and associated constructed will follow Klein Farms by about one month. Dividing the project in two parts should result in lower bids because reducing the project into two smaller parts will open the project to more contractors. Following are some of the issues that will need to be resolved prior to ordering the project, which is scheduled for early April 1995. Emmerich is aware of the issues below and is comfortable with moving forward with the project without complete resolution of the issues at this time. At this point in time, it is assumed that Council continues to be comfortable in financing the project via the public improvement process. The public improvement process has been favored because of the following reasons: Although privately funded projects can be constructed sucoesafally, City staff favors projects managed and funded by the City because of the added control that the public improvement process offers. Council Agenda - 2/13/95 The risk of non-payment of assessments is minimal because the developer is required to provide 60% of the cost of the improvements to the City in the form of a letter of credit that the city can draw on in the event the developer does not pay the assessments. In addition to the letter of credit, the City can eventually acquire the land if the developer forfeits it due to non-payment of assessments. In sum, the value of the letter of credit plus the value of the improved lots far exceeds the City debt associated with installing the improvements. Due to the number and magnitude of projects planned for 1995, it will be necessary to issue general obligation bonds to fund the projects. In terms of bonding expenses, the bigger, the better. Combining the Mein Farms funding requirements into an already large potential bond issue already planned for funding City projects will help drive down bonding costs and may improve the bid. Projects that will derive funding from the City bond issue in 1995 include Cardinal Hills, Gould Brothers utility extension, Eastwood Knoll, and Meadow Oak storm sewer outlet. C At the next Council meeting, Paul Weingarden will be submitting his ideas regarding implementation of the storm sewer access charge previously discussed and conceptually approved by the City Council in 1994. Tony Emmerich has reviewed the concept of paying a storm sewer access charge and is supportive of paying a storm sewer access fee as long as any oversizing expenses for storm sewer improvements to the Klein Farms site are funded by the City. The details of this arrangement need to be worked out by the City Engineer. Fallon Avenue Imarovements The feasibility study does not include upgrading Fallon Avenue. Council may want to discuss whether or not it is appropriate to reconstruct Fallon Avenue in conjunction with the Mein Farms project and explore alternatives for funding the reconstruction. It does not appear that it is necessary to rebuild the road at this time, especially with the planned extension of School Boulevard to Highway 25. Completion of School Boulevard will likely result in a reduction in the amount of traffic on Fallon Avenue, thereby reducing the immediate need for reconstruction. On the other hand, the Mein Farms development includes an access point on Fallon which may result in new tragic that offsets diverted traffic. Council Agenda - 2/13/95 The City may also want to consider reconstruction at this time while said expenses can be assessed against vacant lots. It will be much more difficult to assess the costs later after the project is developed. Perhaps an alternative acceptable to the developer would be to establish a fee to be collected at the time of payment of the building permit which would be used for establishing a fund to pay for a portion of the future expense of reconstruction of Fallon Avenue. It is estimated that the Klein Farms' share of the expense to reconstruct Fallon Avenue is $104,000, which is equal to $1,300/acre; $104,000 represents one-half of the full cost of reconstruction. If Emmerich develops 250 housing units, the cost per unit could be set at about $420/housing unit. The Klein Farms development formula above may need to be adjusted because it may be difficult to demonstrate an increase in value to the property equal to $104,000. It could be argued that parcels should not be required to pay the full cost associated with reconstruction of b2th School Boulevard and Fallon Avenue because adequate access to the development can be obtained via School Boulevard. Ultimately, when it comes time to reconstruct Fallon Avenue, it will be necessary to complete an appraisal of the potential effect of the reconstruction of Fallon Avenue on the value of the adjoining properties. This information will indicate what the limits are for obtaining special assessment revenue from the benefiting properties. The difference between special assessment revenue and the total project costs would be financed by the City. B. ALTERNATIVE ACTIONS: 1.� Motion to approve the feasibility study and authorize preparation of plans and specifications contingent on the developer providing ftmds necessary to complete the plans and specifications. Under this alternative, the project will move forward following the time line desired by the developer. By upfronting the cost of plans and specifications, the developer assumes all risk associated with moving forward without resolution of a number of development issues. City staff will be working with the developer to resolve the issues above and will be preparing a better overall summary for Council of project expenses and financing sources. 2. Motion to deny or table approval of the feasibility study and do not authorize preparation of plans and specifications. Council Agenda - ? IN% If Council is not comfortable with moving forward on this project until some of the issues noted above are resolved, then Council may wish to deny or table the matter. C. STAFF RECONBMNDATION: Staff recommends approval of alternative Nl. It is our view that the issues identified in the discussion above can be investigated and resolved prior to ordering the project. Any rials associated with moving forward to develop plans and specifications without first resolving the issues noted are borne by the developer because he is funding the cost of plan preparation. In the event the City eventually decides to withdraw from doing the project via the public improvement process, the developer an use the plans to complete the project privately. D. SUPPORTING DATA,: Copy of feasibility study. 14 Council Agenda - 2/13195 13. Considerat(gn R$ Qatablishina C.,ouncll subcommittee to update Cit tEpwnshio Urbanization Plan. (J.O.) A. REFERENCE AND BACKGROUND: A few months ago, the City Council approved a feasibility study and authorized completion of plans and specifications for extension of sewer and water service to Gould Brothers Chevrolet and D & D Bus. The authorization was in response to a petition for public improvements by both Gould Brothers and D & D Bus. In addition, Gould Brothers Chevrolet provided $10,000 as a deposit to fund the expense to prepare the plans. The plans are nearly complete and will be ready to be considered for approval by Council at the next Council meeting. At that time, Council will also be asked to authorize advertisement for bids and call for a public hearing on the project. Prior to further formal action on the project, Council is asked to review input pmvidAd by the Township regarding concerns about the annexation agreement as it relates to the Gould Brothers/D & D Bus annexation request. Please note that annexation must occur prior to ordering the project because the City cannot assess Gould Brothers or D & D bus for their share of the cost of the project if the properties are not in the city. Following is a summary of the annexation issue. Both Gould Brothers Chevrolet and D & D Bus have submitted petitions for annexation. Under the annexation agreement with the Township, the annexation of the parcels should be automatic; however, the Township has been somewhat slow to approve the annexation request. I have been informed by Franklin Dern that the Township does not intend to hold up the annexation; however. I understand that the Township would like to review certain provisions of the agreement in light of this annexation request, If the agreement is amended, they would like the amendment to be retroactive to the Gould Brothers/D & D Bus annexation. Following is my understanding of the amendments to the agreement that the Township is proposing. A. Under the current agreement, all taxes paid by annexed property aro paid to the City at such time that the annexed property is provided city services. The Township will request that the taxes from existing businesses that aro annexed to the city continue to be paid to the Township for a period of throe years. This would allow tho Township to cushion the impact of the lose in tax base over a period of time. As an alternative to this idea, perhaps Council would like to consider phasing in the tax switch over a period of three years as follows: In 1995, 100% of the fazes could stay with the Township; In 1996, 66% Council Agenda - 2/13/95 Township and 33% City; In 1997, 33% Township and 66% City; and in 1998, 10046 City. See the attached table for a description of this program. B. For residential developments, the City receives all property taxes from a subdivision immediately upon extension of utilities to the subdivision. The Township may request that the Township continue to receive tax revenue from the annexed parcel in an amount equal to what the property paid when it was being used for agricultural purposes. This arrangement would continue for a period of three years. As an example, the 160 -acre 10ein Farms property pays approximately $200/year to the Township. Under the amendment, this amount would be paid to the Township for a period of three years. The balance of the new taxes coming from new homes would be paid to the City. B. ALTERNATIVE ACTIONS: 1. Motion to appoint two Council members to a subcommittee to review potential amendments to the Annexation Agreement. In the spirit of City/Township cooperation, Council may wish to appoint two members of the City Council to work with staff and the Township on establishing amendments to the agreement governing annexation. Please note that there are areas within the agreement that could be changed to benefit the City as well as the Township. For instance, the area identified as immediately annexable under the urbanization plan is due to be enlarged because of the development of Cardinal Hills and because of the impending development of the River Mill and lGein Farms subdivisions. Motion to deny establishment of proposed annexation subcommittee. If Council is satisfied with the agreement, perhaps it is not necessary to open discussions. C. ST Staff recommends alternative Nl. The agreement has been used successfully over the past few years to streamline the annexation process for properties ripe for annexation; however, it has been some time since it has been updated. Therefore, it may make sense to open up discussions regardless of the status of the Gould Brother's annexation situation. D. SUPPORT2UDAU: Copy of Annexation Agreement/Urbanization Plan (see page 3); Gould Brothera/D & D Bus tax profile. RESOLUTION 90-52 URBANIZATION PLAN JOINT RESOLUTION BETWEEN THE TOWN OF MONTICELLO AND THE CITY OF MONTICELLO CONCERNING THE ORDERLY ANNEXATION AREA WHEREAS; reoccurring boundary adjustments have occurred between the City of Monticello and the Town of Monticello for the last twenty years and uncertainty as to future adjustments has resulted; and WHEREAS; responding to requests for boundary adjustments on a case by case basis, apart from an overall plan for urbanization, is expensive, time consuming, and counterproductive; and WHEREAS; it has been difficult for the Town of Monticello and the City of Monticello and property owners within the Orderly Annexation Area to plan separately for development and growth; and WHEREAS; the Minnesota Municipal Board has requested that the Monticello Orderly Annexation Board, the City, and the Town work cooperatively in re-examining the future of the Orderly Annexation Area to determine if development is being properly focused; and WHEREAS; the Minnesota Municipal Board has urged the City and Town to approach the orderly annexation issue with a spirit of cooperation; and WHEREAS; it appears to be in the best interest of both parties that joint cooperation and planning between the parties be conducted; and WHEREAS; the parties want to stabilize and enhance the predictability of boundary adjustments; and WHEREAS; there is a basis for agreement between the parties for accomplishing these goals, and the parties hereto do set forth the terms of this agreement by the following: The Town of Monticello and the City of Monticello hereby jointly agree to the following: 1. CONTINUING THE MONTICELLO ORDERLY ANNEXATION AREA That the following Orderly Annexation Area in the Town of Monticollo was established by a Minnesota Municipal Board Ordor on Decembor 8, 1972, as in need of orderly annexation pursuant to Minnesota Statute Chapter 414, et al. URBANPLN.RES: 9/13/90 Page 1 2. LAND USE GUIDE PLAN The Town of Monticello and the City of Monticello, upon their adoption of this policy, approve the Monticello Orderly Annexation Area Plan which is attached as Exhibit "B" (hereinafter referred to as the Guide Plan). 3. URBAN SERVICE AREA The area identified within the Guide Plan as the "Urban Service Area" is an area that abuts the City of Monticello and is presently urban or suburban in nature or is about to become urban or suburban. Further, the City of Monticello is now capable of providing municipal water and sanitary sewer to this area. 4. ANNEXATION PROCESS Annexation should be allowed to occur upon the following terms and conditions: A. The property must be located within the above described "Urban Service Area"; / B. The property owner must petition both the City of Monticello and the Town of Monticello for annexation; ilt C. The property owner shall submit a development plan to the ,+ �+ City of Monticello and the Town of Monticello showing the r need for municipal water and sanitary sewer for at least 60% of the property petitioned for annexation; �= D. The development plan must be of sufficient detail to show it will meet the standards and requirements of the City of Monticello's zoning and planning ordinance, land use plan, comprehensive plan, utilities plan, assessment procedures, and financing plan; E. Municipal water and sanitary sewer shall be installed and ready for use within two (2) years from the date of annexation; and F. There shall be no future petitions for annexation until all previous conditions in the development plan have been complied with. Prior to final City approval of the development plan, said plan shall be submitted to the Town of Monticello for review. Concerns expressed by the Town of Monticello shall be addressed prior to formal approval of the development plan by the City of Monticello. URBANPLN.RES: 9/13/90 Page 2 All efforts will be made to establish development plans that incorporate the land use planning efforts of both the City of Monticello and the Town of Monticello. No development plan shall be considered by the City under this agreement without written summary of comments submitted by the Town of Monticello to the City of Monticello. If the City receives written approval of the development plan from the Town, a joint petition for annexation shall be submitted to the Minnesota Municipal Board. If the Town of Monticello does not approve the development plan, the City shall then either reject the development plan, or the issue may be submitted to the Minnesota Municipal Board pursuant to Minnesota Statute Chapter 414. 4. TERMS The,term of this agreement shall be ten (10) years from the effective date of this agreement. Both parties reserve the right to terminate this agreement upon sixty (60) days' written notice. The effective date shall be upon the approval of the City Council ui the City of Monticello and the Town Board of the Town of Monticello and acceptance by the Minnesota Municipal Board and said subsequent order approving this agreement. 6. LAND USE/ZONING AND PLANNING The zoning and planning throughout the Orderly Annexation Area as described above shall be under the control of the Monticello Orderly Annexation Board until annexed to the City of Monticello. If the property is annexed to the City of Monticello, the property shall be designated as agricultural according to the City of Monticello Zoning and Planning Ordinances. Any alteration or change to the zoning classification shall be subject to a public hearing to be held by the City of Monticello Planning Commission. The City of Monticello shall notify the Town of Monticello of said land use classification hearing. 7. TAXES Any and all of the property taxes collected in the Orderly Annexation Area shall remain the property of the Town of Monticello. Any and all property taxes collected from annexed properties shall be the property of the City of Monticello after ouch time that paid proporty actually roceives City sewor and wator service or after expiration of a period of three (3) years, whichever occurs sooner. URBANPLN.RES: 9/13/90 Page 3 8. ISOLATED TOWN PROPERTY Any property within the "Urban Service Area" that becomes or is about to become isolated as a result of annexation proposed under Section 4 shall be submitted for consideration to the Minnesota Municipal Board along with the proposed annexation for consideration by the Minnesota Municipal Board. In general, the creation of such isolated parcels should be avoided. 9. DEVELOPMENT WITHIN THE AREA IDENTIFIED ON THE ANNEKATION PLAN AS THE AGRICULTURAL AREA. No development should occur within the orderly annexation area which is outside the "Urban Service Area" as described in the MOAA Annexation Plan unless said development meets the standards of the zoning and subdivision requirements of the Monticello Orderly Annexation Board, the City of Monticello, and the Town of Monticello. Said development can only occur if all local government standards are complied with or are capable of being complied with in the future. The intent of this paragraph is to strongly discourage development outside the "Urban Service Area" as identified in the Orderly Annexation Plan. CITY OF MONTICELLO Passed and adopted by the City Council of the City of Monticello this 13th day of November J , 9 Y nCAYVAdolnistrator ATT TOWN OF MONTICELLO Passed and adopted by the Town Board of the Town of.. Monti c 1 thio ��_ daof 4. 19y(1. 8 eCai s ATTEST /.I�CFIf�P � ,�/af Town Boars Clerk URBANPLN.RES: 9/13/90 Page 4 ..I- r;-' - E"J:') "' I" — - - rro,v!-to rcoc, umsm.cin m I Ullls L -J u.-; I't n15• (It VtLOPLD I.Itto ;o A i..l -IL IMI A1.1 A A MONTICELLO ORDERLY ANNEXATION ku (r TAX REVENUE PROFILE GOULD BROTHERS CHEVROLETID & D BUS COMPANY 0 Estimated Esftated Estimated Taxes Paid I T l ax Py961 Share I Share In 984I Share In Cite (Gould Brothers Chevrolet $12,183 $1,076 $16,923 51389 $2,945 ID & 0 Bum Go. $4,584 $403 $4514 $369 $782 TOTAL $16,777 $1,479 $21,437 $1,756 $3,727 1995 Tax 19% 1997 1998 Payment Township City City Gty Tex Rate Tex Rate Tex Rate Tax Rate (Total Taxes $1,758 53,727 $3,727 $3,727 (Township 100% 67% 339E 0% $1,758 $2,482 $1,241 $0 (City 0% 33% 67% 100% $0 $1,241 $2,482 $3,727 0 Monticello Township County Road 117 Monticello, Minnesota 55362 February 7, 1995 Mr.Jeff O'Neil Assistant City Administrator City of Monticello Monticello, Mn. Dear Jeffs 'chis is in response to our discussion with you at the township meeting of February 6th, at which time we brought up the adverse problems the township will be faced with in regard to tax losses from the considerable amount of annexation of township land into the city at this time. With this in mind, we are requesting that taxes for a 3 -year period, 1996, 1997 and 1998, from the Gould and the DSD properties, continue to be paid to the township. In the near future, we feel that we should be looking at our Urbanization Plan. Sincerely, BOARD OF SUPERVISORS MONTICELLO TOWNSHIP X&�� by clork, Darlene Savatzko. GD Council Agenda - 7/13(95 ra. Consideration of aoprovine deyelooment sereement and final Dist of the River Mill subdivision. (J.O.) A. REFERENCE AND BACKGROUND: City Council is asked to review both the development agreement and associated disbursement agreement, along with the final plat of the River Mill subdivision and consider approval. For the past few weeks, City staff, including the City Engineer and City Attorney, have been working with the developer to nail down the details of the plans and specifications and the development agreement relating to the River Mill subdivision. At this point in time, the plans and specifications and supporting documentation relating to the development agreement are nearly complete. All of the major issues relating to the physical development of the site have been resolved to the satisfaction of the City Engineer and the Public Works Director. All that remains is to update the final plans and specifications and make minor adjustments to the protective covenants. The City Attorney has prepared a development agreement that is similar to the Oak Ridge development agreement. The Oak Ridge development agreement was used as a guide for the River Mill project because it was also a project that called for the private funding of development improvements. There is one major difference between the two agreements. The Oak Ridge development agreement required that 26% of the total project cost be provided to the City in the form of a letter of credit which could be used by the City in the event the developer defaulted on the project. In the event of default, the funds available would be used toward restoration of disturbed soils or to complete a portion of the project remaining. The development agreement governing the River Mill subdivision improves on the Oak Ridge arrangement by establishing a disbursement agreement which indirectly provides the City with access to 110% of the project cost. Under the disbursement agreement, the lending institution guarantees that 110% of the project costs are available to the developer for payment of coats associated with construction. As construction is completed, both the developer's engineer and the City Engineer certify work that is completed and jointly authorize disbursement of funds to pay costs. In the event the developer would default on the agreement, the City would be able to draw on the funds to complete the project. This is an improvement over the Oak Ridge agreement because the City only had access to 25% of the total coat to complete the project. Other differences between the Oak Ridge and River Mill agreements are relatively minor and pertain to the peculiarities of each site. Following is an update on events that have occurred sines Council granted preliminary plat approval of the River Mill plat late in 1994. Council Agenda - 2113/95 The original preliminary plat included a land swap between the River Mill development and A Glorious Church. Subsequent to approval of the preliminary plat, A Glorious Church had a change of heart with regard to the land swap. The final plat was adjusted accordingly. The adjustment did not result in the need for any variance or special consideration. Significant work was done on trying to make the park as useful as possible in response to Council concerns during preliminary plat review. It is the view of City staff that the park area that has resulted is far superior to the park plan originally presented. As you will see in the final plat, the park plan shows a total area of 7 acres, which includes a major portion that is flat and useable as an active play area. The park will feature a sliding hill and ample area for off-street parking. The park itself is relatively wide, and there are grade differentials on the east and west side between the park and residences. These factors should combine to give the park a sense of being an open public place rather than a private park. An 8-R bituminous walkway will be extended from the twinhome area to the top side of the sliding hill providing park acceas to twinhome residents, and an additional 8 -ft bituminous trail will be extended between homes on the east side of the park to provide direct access to the facility from the east. In terms of the tax increment financing plan and associated agreement, the Housing and Redevelopment Authority adopted a redevelopment plan that will provide a level of assurance that the property values of the single homes constructed will be at a value equal or greater than the city-wide average. The average single family home will be valued over $112,000, and no single family home will be less than $95,000. The average twinhome will be $87,500, and no twinhome will be leas than $80,000. The completed development will have a completed value in excess of $16,250,000 plus the potential value of commercial development. The development agreement, if followed, places home values in this area at a value close to homes built in the Oak Ridge neighborhood. If the developer does not achieve the average as outlined in the redevelopment plan, then he will not be eligible to receive the tax increment financing pay-as-you-go funding to pay back his upfront cost to reclaim the gravel pit. The Municipal Hoard approved the annexation of Hawks Aar and the Krauthauer's site. Council Agenda - 2/13195 B. ALTERNATIVE ACTIONS: 1. Motion to adopt the development agreement and approve the final plat contingent on the following: 1. Final approval of development plans by City Engineer and City staff. 2. Completion of minor a$justments to final plat necessary to accommodate City Engineer requirements. 3. Execution of the disbursement agreement and payment to the City of all preliminary platting expenses in excess of the original platting fee. 4. Acquisition of all necessary permits. 2. Motion to deny adoption of the development agreement. Council should select this alternative if uncomfortable with the development agreement. C. STAFF RECOMMENDATION: The disbursement and development agreement is actually stricter than previous development agreements governing the private development process. The plat design and protective covenants meet or exceed City standards, and the developer has agreed to pay all fees as established by the City; therefore, staff recommends approval under alternative 01. D. SUPPORTMG DATA: Copy of disbursement agreement; Copy of development agreement; Copy of protective covenants. Final plat and park plan will be presented at the meeting. 19 FEB. -10' 95IFR 1) 12:13 OLSON/USSET P. A. TEL:612 925 5819 P. 015 DIBBDR88DDyr ttEt�! THIS AGR8EKMM, is made and entered on * by and betveen Residential Development, Inc., a Kinnagota Corporation (•Developer•), Century Bank National Association ("Lender"), and The City of Nonticello, a Xinaesota Nunicipal Corporation ("city"). WHEREAS, the Developer is the owner of the real property described in tidbit A attached hereto, commonly known as River Hill ("subdivision•); WHEREAS, on *, the Developer and the City made and entered into a Development Agreement, a Copy of Which is attached as EXhibit B, ("Development Agreement") concerning the construction of certain improvements to the Subdivision as described therein ("Developer improvements"); WHEREAS, on *, the Developer and the Lander rondo and entered into a Loan Agreement ("Loan Agrssnant■) Wherein the Lander agreed to loan the sum of $* to the Developer for the purpose of constructing the Developer improvements and other related development costs; WHERRU, on *, the Developer, as maker executed and delivered to the Lender, as payee, a promissory note in the sum of 8* with interest theraon payable on or before *, and said note was secured by a Mortgage exeauted and delivered by Developer, as mortgagor, to Lei+der, as Kortgages, encumbering the subdivision; and FEB.-10'95(FRI) 12:15 OLSON/USSET P.A. TEL:612 925 $879 P.016 WSSREW the parties desire to establish procedures concerning the disbursement of the funds under the Loan Agreement. NoW, -„,, in consideration of the mutual covenants herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknovledged, the parties hereby agree as follows: I. Ac2MIU. The City hereby accepts this Disbursement Agreement as Security for the construction of the Developer Improvements under the Development Agreement, The liability of the Lender to the City under this Disbursement Agreement shall automatically be reduced to the extent of advances made by the Lender under the Loan Agreement for the Developer Improvements, Provided that said advances are approved in writing by the City. In the event of improper disbursement, tender shall be liable to City for any damages arising from any improper disbursement up to the amount of such improper disbursement. 2. Grtificatien by privatA gnaineer. Sathre-8er9quist, Inc. (-Private Engineer") shall certify in writing to the Developer, the Lender and City the progress of construction of the Developer Improvement& at the conclusion of each stage of construction. such certification shall set forth the quality of workmanship, the stage of construction according to the plans and specifications, the dollar asiount of the Developer Xmprovemente -a- 0 FEB. -10' 9501) 12:14 OLSON/USSET ?.A. TEL:612 925 5879 P. 017 completed to the data of such certification, and the dollar amount of the disbursement necessary to pay for the certified Developer Improvements. 3. annmvai by city, after receipt of the certification by the private Engineer, the City shall give written notice to the Developer and the Lander whether the City approves or rejects the Developer Improvement relating to such certification. The City will use its beat efforts to notify the Developer and Lander within ten (10) business days after receipt of such certification by the private Engineer. The City may perform it-- own independent inspection of the Developer Improvemants. 4. . If the City approves a certification of the Developer improvement by the Private Engineer in writing, the Lender may rely upon such approval and, if so instructed by the City, advance no more than Ninety-five percent (93+) of the sum certified by the Private Engineer for the Developer Improvements. Five percent (st) of all certified sums of the Developer Improvements (•Retainage•) may be retained until the final inspection by the City. The Retainage shall be disbussad ninety-one (91) days after the City completes its final inspection and establishes a Completion Date. If the City rejects any item of the Developer uprovement in the certification by the private Enginssr, the Tendos shall not advance any funds relating to that item of the Developer Improvesients until the city has given its written consent. -3- S FEB. -10' 95(FR1) 11:14 OLSON/USSET P. A. TEL:612 925 $819 P. O18 Certifications not relating to Developer Improvements as referenced in the Development Agreement shall not require the Si retainage pursuant to this paragraph. S. Susuennion or T ={nation t" C•rtiPicatien by Private moi. The City may suspend or terminate the certification of the Developer Improvemsnte by the Private Engineer. In such event, the City shall give written notice to the Developer and the Lander of such suspension or termination. Such suspension or termination shall not affect any certification issued by the Private 8nginoar prior to the receipt of such notice to all parties. Such suspension or termination shall be prospective only. In the event of such suspension or tarmination, the City shall inspect the Developer Improvements completed, certify to the Developer and the Lender the dollar amount of the Developer Improvements completed to the date of such certification and the amount to be advanced to pay for the cortified Developer Improvements. 6, proal Tnanection by the city, pursuant to the Development Agreement, the City Rnainner of the City shall maks a final inspection of the Developer Improvemants. The Private Enginear shall have no authority to make the final inspection on behalf of the city. The city Enqineer may object to any construction defects discovered during the final inspection regardlass of when such defects occurred. The failure of the City to object to a prior certification by the Private Engineer -4- FEB. -10'95(FR1) 12:14 OLSON/USSET P. A. TEL:612 925 5819 P.019 shall not be deemed a waiver of the City's right to demand the correction of any construction defects discovered during the final inspection. 7. Default IN DnvelMK& Right to Cure. If the Developer commits an avant of default upon its obligations as imposed by this Agreement, or pursuant to the Note and Mortgage executed by Developer, or as defined within the Development agreement With City and does not cure the event of default within the time proscribed within the Development Agreement, the City may give the Developer notice of the City's intention to terminate the private installation of the Developer Improvements and the City may proceed to lot contracts to complete the Developer Improvemants. The cost of said contracts, plus other obligations of the Developer under the Development Agreement, any be drawn from the remaining unadvancad amount of Lender under this Disbursement Agreonant. In the alternative, upon default by the Developer of its obligations under the Development Agreement following the above described notice, the City may request the Lender to advance the remaining unadvanced funds under this Disbursement Agreement directly to the City, which funds the City shall hold in escrow for the exclusive purposo of completing the Developer improvements and satisfying the other obligations of the Developer under the Development Agreement. Upon final completion of the Developer isprovemsnts, the City shall pay any remaining funds to Lender to be applied as a -5- /9E FEB. -10' 95(FRI) 12:14 OLSON/USSET P.A. TEL:611 925 5819 P.020 payment on Developer '■ behalf. TGs notice of uncured default shall be signed by the Kayor or the Clark of the City. Copies of said notices shall also be served on the Lander. in the event City does not recoup its costs in completing the Developer Improvements under the provisions of this paragraph, as an additional remedy, City may, at its option, assess the benefitted property in the manner provided by Kinnesota Statutes $429.01 at seq. S. Terms of Aaraemant. This Agreement shall expire on •. This Agreement shall automatically be extended for successive six month periods unless Lander gives written notice to the City 30 days prior to any expiration data. It the Lander chooses not.to extend the Agreement, and the City desires continued financial security for the Developer's obligations under the Development Agreement, the City may request the Lender disburse to the City the remaining unadvanced amount of this Disbursing Agreement which funds the City shall hold In escrow for the exclusive purpose of Completing the Developer Improvements or other obligations of the Developer under the Development Agreement. Upon final complotion of the Developer improvements and satisfaction of the Developer's obligations under the Development Agreement, the City shall pay any remaining funds to Lander to be applied as a payment on Developer's behalf. 9. Any request by the City of the Lender, which is authoriaed by paragraphs 7 and 0, shall be honored by the Lander within three (3) business days atter demand is made by the City. -6- 0 FEB. -1O'951FR11 12:15 OLSON/USSET P. A. TEL:612 925 5879 P.O21 10. )fig. Any notice provided for in this Agreement may be delivered or mailed as follows: I,sttder: 11455 Viking Drive Edea Prairie, M!i 55344-7247 Attentions Man Sracks Developer: 15 Choctav Circle Chanhassen, MN 55217 Attention: Mr. Rick Murray Cityt 250 Bast Broadway Monticello, MN 55362 Attention: Rick Volfstellar Such notices shall be deemed to have been given when received by all parties. 11. Governing Law. This Agreement shall be governed in all respects by the lav of the State of Minnesota. 12. AjjLgw=j. The rights of the City tinder this Agreement cannot be assigned. 12. Bkpg Rrtoct. This Agreement shall inure to and bind the parties hereto and their successors and assigns. 14. Mo Thi*d Party Riahte. This Agreement in made for the sole benefit of the parties hereto. No other person shall have any rights or remedies under this Agreement. IN MITNMSS WHEMP, the parties have mads and entered into this Agresmant as of the first day and year above written. CITY op MmiaLm By$ Itst Mayor Sys Rick Uolfetsller Its t city Administrator -7- FEB. -10' 95 (FRI) 11:15 OLSON/USSET P. A. TEL:612 92S 5819 P. 022 RESIDEWMAL Dzvna mm, ruc. By: Iter CENTURY BANK RATIONAL ASSOMATION BYt Ite s .8• ISSN FEB.- 10'95(FR I) 12:09 OLSON/USSETP. A. TEL:612 925 5879 P. 002 DEVELOPER's RZVER FILL AEBIDZMnL SUBDIVISION THIS UGREEKM, made and entered into this day of , 1995, by and between the CITY OF KONTICELLO, a municipal corporation organised under the laws of the state of Kinnesota (the "City"), and RESIDENTIAL DEVZWPKBNT, INC., a Kinnesota corporation (the •Developer•). WIUMMS, Developer has requested that city grant final approval to a plat to be known as River Kill (the "Subdivision"), said land legally described as set forth in Exhibit h attached hereto and mads a part hereof ("Property) which Subdivision shall consist of 41 single family residential units, 4e twinhome residential units and area tar park purposes; and WHERUS, Developer intends to construct, install, provide for and maintain streets, storm serer, water main, signs, grading, and drainage activities in accordance with the plans and specifications as hereinafter described, all at the sole cost and expense of Developer; and WHEREAS, the City has by resolution adopted , 199_, granted final approval to the Subdivision provided that the Developer enter into the within Weement and that Developer faithfully perform the terms and conditions contained herein. NOW, THMFORB, in consideration of the premises and the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. plat Ap�reval. The City agrees to approve the Subdivision a@ requested by Developer on the terms and conditions as hereafter set forth. The Developer agrees that the Subdivision shall be developed in accordance with the exhibits attached hereto which are hereby incorporated by reference as if fully set forth herein. The exhibits arae Exhibit 8 -- Final Plat which shall include a seven acre site dedicated to the public tar park purposes (identified as "Outlot A") and roadway easement allowing access from Bart Boulevard as presently platted to the adjacent Hawks Bar parcel Exhibit C -• Protective Covenants Prior to the date or filing the plat and protective covenant@, Developer must pay to City any and all outstanding expenses incurred by City tar plat and other development purposes including, but not limited to, FEB. -10' 95(FRI) 12:10 OLSON/USSET P.A. TEL:612 925 5879 P. 003 engineering, legal and other professional staff fees. The final plat and protective covenants must be approved and executed in accordance with City and County ordinances and filed in the office of the Wright County Recorder at Developer's expense no later than , 1995. Failure to fila the final plat and protective covenants by this date shall render this Agreement null and void in its entirety. 2. ReRxesentations of Developer. As inducement to the City's approval of the Subdivision and entering into this Agreement, the Developer hereby represents and warrants to the City: A. That the Developer is the fee owner of the Property and Me authority to enter into this Agreement. B. That the intended use of the property is for single family and twinhome residential development. C. That the Subdivision complies with all city, county, state, and federal lava and rogulatione including, but not limited to, City subdivision ordinances and zoning ordinances. D. That to the best of Developer's knowledge, the Subdivision does not require an Environmental Assessment W-rkaheet or an Rnvironmental Impact Statement, but shall prepare the same if required to do so by City or other goverrauntal entity and shall reimburse City for all expenses incurred by City in connection with the preparation of the reviev, MwIudng staff time and attorneys tau. ].The Developer agrees it shall construct, nstall and maintain certain public improvements (•Developer Improvemente•) on the Property, at Developer's sole coat and expense, in accordance with tho following exhibits: Exhibit D -- Building and Site Design Plan Exhibit E -- Construction Plan Exhibit F -- Landscape Developer agrees the Developer Improvements shall be performed in accordance with the plans, specifications, and preliminary engineering reports approved or to be approved by the City Engineer and the City prior to commencement of construction and thereafter, in accordance with all city rules, regulations, ordinances, and the requirements of this �y1 FEB. -10' 95(FR1) 12:10 OLSON/USSET P. A. TEL:612 925 5819 P. 004 Agreement, which shall include, but not be limited to, the following: 1. Street grading, graveling, surfacing and stabilizing which shall include curbs, gutter and driveway approaches. 2. Electrical services including street lighting within the subdivision as determined to be necessary by the City. 3. Storm severs, including all necessary catch basins, and appurtenances. 4. Water main, including all appurtenances. 5. Sanitary sever, including all appurtenances. 6. Setting of lot and block monuments. 7. Surveying and staking. a. Site grading, terming and landscaping consistent with landscape and the City Erosion Control policy Residential Late regulation. 2. Establishment of post office cluster box stands with groups of six or more in the single family residential area, provided that each group shall be no closer than 200 test from any other group. post office cluster box stands in the twinhome area shall be in groups of eight or more. lo. The City shall install street name signs, stop signs and other traffic control signs at all locations deemed necessary by City, at Developer's cost and expense. 4. pets. Upon execution of this Agreement, Dsvelopnr and other necessary parties shall promptly apply for all permits, approvals, licenses, or other documents from any and all necessary governmental agencies (which may Include the City, Wright County, pG and MM) so as to enable Davoloper to construct the Developer Improvements as herein contemplated. Developer shall use its best efforts to obtain the same as soon as reasonably possible. 2n requesting building pernits from City, Developer acknowledges and agrees that a per unit lift station, trunk water main and sanitary sewer fee shall be incorporated into each building permit issued by City in an amount of $ which Developer agrees is fair and reasonable. No grading or building permit shall be issued by City unless the plans -3- FEB. -10' 95(FR1) 12:10 OLSON/USSET P.A. TEL:612 925 S879 P.00S or application are in conformity with the City comprehensive plan, this Agreement, and all local, state and federal regulations. The City shall, within fifteen (15) days of receipt of plans or building per applications, review such submittal to determine whether the foregoing requirements have been met. It the city discerns said plans or applications are deficient, it shall notify the Developer in writing stating the deficiencias and the steps necessary for correction. Issuance of a grading or building permit by City shall be a conclusive determination that the plane or applications have been approved as to the requested activity by Developer and satisfies the provisions of this section. The City shall issue building permits prior to City acceptance of the Developer Improvements provided that the party applying for the building permit agrees to withhold requests for occupancy until necessary Developer improvements have been installed, which include operational and tested sever and water systems, installation of sod in the front yard, and roadway development sufficiently completed to support access by emergency vehicles, snowplows, and garbage trucks, to be determined by the City Engineer in his sole discretion. Until such approval is granted, no dwelling may be occupied on either a temporary or permanent basis. Notwithstanding this provision, if the Developer is in default of this Agreement, as hereinafter dafined, in addition to any other remedy provided by this Agreement, City may refuse to issue a certificate of occupancy for any lot or parcel in the Subdivision until Developer cures the default as provided herein. pre -Construction Aetivitiee. The Developer or his engineer shall schedule a pre -construction meeting with City to review a proposed schedule for construction of the Developer Improvements. n obta n all necessary governmental approvals, licenses and permits, subject to Unavoidable Delays, Developer shall commence construction of the Developer Improvements within ten (10) days. XM1Developer shall install, eonstruot and ma to n ebe Subdivision Items and Developer Improvements in accordance with the terms of this Agreement. Developer guarantees and warrants the vorkmanship and materials respecting such Subdivision Items and Developer Improvements for a period of -4- 0 FEB. -10'95(FR1) 12:11 OLSOY/USSET P. A. TEL:612 925 5819 P.006 one year following City's acceptance of the same ("Guarantee Period•). The Developer shall repair or replace, as directed by the City and at the Developer's sols coat and expense, any work and/or materials that become defective, in the sole opinion of the City or its Engineer, within said Guarantee Period even though notice thereof be given by City after said Guarantee Period. The Developer, or Developer's contractors, shall post maintenance bonds or other security acceptable to City to secure these warranties. =nanection of Izrorovements. Developer authorizes the City inspector and City Engineer to inspect construction of the Developer Improvements as required by City and grants to them a license to enter the Subdivision to perform all necessary work and/or inspections deemed appropriate during the construction of the improvemonta until final certification of acceptance is approved by City for all Developer improvement Stems and expiration of any applicable warranty period. Inspections by the City are to be logged and reported weekly to Developer. Construction and installation plans shall be provided to City and shall be reviewed by and subject to approval of the City to insure that the construction work mute with approved City standards as a condition of City acceptance. Developer shall cause its contractor to furnish City with a schedule of proposed operations at least five (S) days prior to the commencement of the construction of each type of Subdivision item and Developer Improvement. The City shall inspect all such work items during and after construction for compliance with approved specifications and ordinance requirements until final certification of acceptance is approved by City and expiration of any applicable warranty period. Aecnntmnce of Imnrevnment. Upon notification by Developer that any of the Developer Improvements have been completed, City Engineer shall inspect the Developer Improvement and, at his sole discretion, determine if the Development Improvemwnt(s) has been completed in accordance with the plans, specifications and exhibits attached hereto. If the City Engineer dotarmines that the Developer Improvemant(s) is not completed in accordance with said requirements, the City Engineer shall notify Developer in writing of the deficiency and provide a reasonable date upon which to cure the doficiency. Failure by the Developer to cure within the stated time period shall constltuto an Event of Default. FEB. -10'9SIFR1) 12:11 OLSOY/USSET P. A. TEL:612 925 5819 P. 001 10. Come etlon of Developer improvements. Developer agrees to complete the Subdivision Items and Developer improvements on or before , 1995. The Completion date as provided herein is subject to Unavoidable Delays as hereinafter defined, in which avant the completion date may be untended by the period of such Unavoidable Delays. For the purpose of this section, Unavoidable Delays mean delays which are caused by strikes, fire, war, road weight restrictions, material shortages, weather that renders construction progress impossible, causes beyond the Developer's control or other casualty to the Developer improvements, or the act of any federal, state or local government unit, except those acts of the City authorised or contemplated by this Agreement. In the avant Developer believes an extension is warranted, Developer shall request such extension in writing to the City Engineer and specify the requested length of extension and the reason therefore. The City Engineer shall determine the length of the extension, if any, in his sole discretion. 11. Dwnershig of improvements. Upon the completion of the Developer improvements required to be constructed by this Agreement, and the acceptance thereof by the City, the Developer Items lying within the public easements and public right-of-ways as shown on the Subdivision plat shall become City property without further notice or action. Within thirty days thereafter, and before any security as herein required is released, Developer shall supply City with a complete sat Of reproducible OAS BUILT• and •DEVSLOPNSNT PLAW plans in a form acceptable to the City Engineer, without charge to City, which documents shall become the property of City. 17. Clean Un- The Developer shall properly clear any soil, earth, or debris on City -owned property or public right-of- way resulting from construction worX by the Developer, its agents, or assigns. 13, Developer shall, at its expanse, prepare any streets located in the Subdivision for snowplowing and other maintenance that Developer wishes City to undertake prior to formal acceptance by City of such streets. This preparation shall include, without limitation, ramping any manholes as necessary to avoid damage to eno"lows or other vehicles used in street maintenance. Should damage occur to City snowplows or other vehicles during the course of snowplowing or other maintenance procedures prior to formal acceptance of the street by city which damage is caused by Developer's failure to properly maintain the same, Developer shall pay all such -6- FEB. -10' 95(FRI) 12:11 OLSON/USSET ?.A. TEL:612 9I5 5879 P.008 damages and shall indemnify and hold City harmless for all such damage, cost, or expense incurred by City with regard thereto. 14. Erosion and Drainage control. The Developer shall provide and comply with erosion and drainage control provisions in the landscape plan and City policy requirements as described in paragraph 3(8) and as otherwise required by City. As development progresses, the City may impose additional erosion and drainage control requirements if, in the sole opinion of the City lhgineer, they would be useful and appropriate in controlling drainage and erosion. Developer shall promptly comply with such erosion and drainage control plans and with such additional instructions it receives from City. 15. Hold Harmless Agreement. Developer acknowledges that its failure to control erosion in accordance with the plans and exhibits as contained herein may cause flooding and/or damage to adjoining property owners. In such event, Developer agrees to hold City harmless and indemnify City from claims of all third parties or Developer for damages arising out of such flooding and/or damages. The parties recognise that time is of the essence in controlling erosion. in the event of an emergency situation requiring immediate action to prevent loss or damage to persons or property, to be determined at the sole discretion of City, the notice and cure provisions of paragraph 21 shall not apply and City is authorised to undostako an corrective action it deems necessary to prevent or mine any such flooding and/or damage. in such event, Developer agrees to hold City harmless and indemnify City from claims of all third parties for damages arising out of said corrective action by City, and agrees to reimburse City for all out of pocket expenses incurred by City arising out of the corrective action including, but not limited to, any costs necessary to re-landecaps disrupted coils located within the Subdivision. 16. InlurAws A. The Developer Will provide and maintain or cause to be maintained at all times during the process of constructing the Developer Uprovemants until siu (6) months after aacsptance of all Developer improvemiants and, from time to tine at the request of the City furnish with proof of payment of premiums ono (i) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations �µ o FEB. -10' 95(FRI) 12:12 OLSON/USSET P. A. TEL:612 925 5819 P.009 and contractual liability insurance) together with an Owner's Contractor's Policy with limits against bodily injury, including death, and property damage (to include, but not be limited to damages caused by erosion or flooding) which may arise out of the Developer's work or the work of any of its subcontractors. Limits for bodily injury or death shall not be less than $500,000.00 for one parson and $1,000,000.00 for each occurrence; limits for property damage shall not be leas than $200,000.00 for each occurrence. The City, City Engineer and Developer's Engineer shall be an additional named insured on said policy. Developer shall file a copy of the insurance coverage with the City upon request. (ii) Worker's compensation insurance, with statutory coverage. 17. For the purpose Of financing the construction, installation and maintenance of the Developer Improvements, and to pay all associated costs and expanses of City as described in paragraph 18, Developer shall, upon execution of this Agreement, execute and deliver to Century Hank National Association (•Lender") a Note and Mortgage encumbering the property in an amount not lass than $ The proceeds of this loan shall be escrowed by Lander and disbursed only in accordance with the terms and conditions of a certain Disbursement Agreement attached haroto as 8xhibit 8 and incorporated by reference heroin. No work shall be commenced under this Agreement until the Note, Mortgage, and Disbursement Agreement has boon executed and certified copies filed with City. Is. Reeeensihility fer coats. A. The Developer shall pay all costs incurred by it or City in connection with the development of the Subdivision, including but not limited to construction of Developer Improvements, legal, planning, engineering, and inspection expanses incurred in connection with approval and acceptance of the Subdivision plat, the preparation of this Agresumt, and all reasonable coats and expenses incurred by the City in monitoring and inspecting development of the Subdivision. a. The Developpeors shall pay in full all bills submitted by the City vlthin thirty (30) days after receipt. If the -a- FEB. -10' 9501) 1212 OLSON/USSET P. A. TEL:612 925 5879 P. 010 bills are not paid on time, the City may halt all plat development work until the bills are paid in full. C. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from subdivision plat approval and development. The Developer shall indemnify the City and its officers and exployees for all costs, damages, or expenses which the City may pay or incur in consequence of ouch claims, including reasonable attorneys fees. D. The Developer shall reimburse the City for its costs incurred in the enforcement of this Agreement, including engineering and reasonable attorneys fees. 19. Developer represents and agrees that (except for aasoolating with other individuals or entities), prior to the completion of the Developer Improvements as certified by the City: A. Except only by vey of security for, and only for the purpose of obtaining financing necessary to enable the Developer or any successor in interest to the property, or any part thereof, to perform its obligations with respect to the construction of the Developer Improvements under this Agreement, and any other purpose authorized by this Agreement, the Developer (except as so authorized) will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or transfer in any other mode or form of with respect to this Agreement or any interest therein, or any contract or agreement to do any of the same, without the prior vritten approval of City. B. Zn the absence of specific written agreement by the City to the contrary, no such transfer or approval by City shall be deemed to relieve Developer from any of its obligations. In the avant that City approves a substitute developer and the property is transferred to said substitute, the City agrees to relieve the Developer of liability from performance as described in this contract. Said substitute shall assume all responsibilities and rights of the Developer under this contract. 20. Evnnts of Default Defined_ The following shall be "Ivens of Default• under this Agreement and the toss "events of default* shall mean, whenever it is used in this Agreement (unless the context otherwise provides), any one or acre of -9- FEB.-10'9S(FRI) 12:12 OLSON/USSET P. A. TEL:612 925 5879 P.011 the following events., A. Failure by the Developer to observe and substantially perform any covenant, condition, obligation or agreement on its part to be observed or performed under the terms of this Agreement, or the Disbursement Agreement by and between City, the Developer and Lender. S. If the Developer shall admit in writing its inability to pay its debts generally as they become due, or shall file a petition in bankruptcy, or shall mare an assignment for the benefit of its creditors, or shall consent to the appointment of a receiver of itself or of the Ahola or any substantial part of the property. C. If the Developer shall file a petition under the federal bankruptcy laws. D. If the Developer is in default under the Kortqage and has not entered into a work-out agreement with the Lander. E. If the Developer shall fail to begin construction of the Developer Improvements in conformance with this Agreement, and such failures are not due to unavoidable delays as defined in this Agreement. Y. The Developer shall, after commencement of the construction of the Developer Iaprovemante, default in or violate its obligations with respect to the construction of the same (including the nature and the data for the completion thereof), or shall abandon or substantially suspend construction work, such act or actions is not due to unavoidable delays and any such default, violation, abandonment, or suspension shall not be cured, eneed, or remedied within the time provided for La this Agreement. 21. Ketien/Romediss on Default. Vhwwver any Event of Default ooaurs, the City shall give written notice of the Event of Default to Developer by United States mall at its last known address. If the Developer fails to curs tho Event of Default within fifteen (iS) days of the date of mailed notico, in addition to any other ramody provided in this Agreement, and without wa ver of any such right, City may avail itself of any or all of the following ramediasi A. Balt all plat development work and construction of Developer Improvenants until such time as the Event of Default is cured. -10- 0 FEB.-10'951FR11 12:13 OLSON/USSET P.A. TEL:612 925 5819 P. 012 a. Refuse to issue building permits or occupancy permits as to any parcel until such time as the Event of Default is cured. C. Apply to a court of competent jurisdiction to enjoin continuation of the Event of Default. D. Exercise any and all remedies available to City pursuant to the Disbursement Agreement. If the Event of Default is the failure of Developer to complete, construct, install or correct the Developer improvements in accordance with the plans and specifications and this Agreement, City may perform the construction or work and apply to Lender pursuant to the Disbursement Agreement to reimburse City for its expenses. This provision shall be a license granted by the Developer to the City to act, but shall not require the City to take any such action. Developer consents to such action by City and waives any claim Developer may have against City for damages in the event City exercises its rights in accordance with this provision. E. Terminate this Agreement by written notice to Developer at which time all terms and conditions as contained heroin shall be of no further force and effect and all obligations of the parties as imposed hereunder shall be null and void. 21. Miscellaneoun. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. B. If any portion, section, subsection, sentence, clause, paragraph, or phase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. C. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties, and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. D. ruture residents of this Subdivision shall not be deemed to be third party beneficiaries of this Agreement. Z. This Agreement shall run with the land and allll be binding upon the Developer, its successors and assigns. FEB. -10' 95(FR1) 12:13 OLSON/USSET P. A. TEL:612 925 5819 P. 013 The Developer shall, at its expense record this Agreement in the office of the Wright County Recorder. After the Developer has completed the work required under this Agreement, at the Developer's request the City will execute and deliver to Developer a release in recordable fora. P. All parties to this Agreement acknowledge they have been represented by counsel and have entered into this Agreement freely and voluntarily. 22. ff2jL2=. Required notices to the Developer shall be in writing and shall be either hand delivered to the Developer, or mailed to the Developer by United States mail, postage prepaid to the following address: 1.5 Choctaw Circle, Chanhassen, KK 55317, Attention: Mr. Rick Murray. Notices to City shall be in writing and either hand delivered to the City Administrator or mailed to City by United States mail, postage prepaid to the address 250 East Broadway, Monticello, WN 55362. IN WITNESS WHEREOF, City and Developer have signed this Developer's Agreement the day and year first written above. CITY OF MONTICE= ey: Iter Mayor Sys Rick eolfsteller its: City Administrator STATE OF MINNESOTA) )ss. COUNTY O? NRICBT ) The foregoing instrument was acknowledged before as this day of , 1995, by and , the Mayor and City Administrator of the City of manticallo, a Kiaeasota municipal corporation, on behalf of the corporation. Notary public -12- (a FEB. -10' 95(FR1) 12:13 OLSON/USSET P. A. TEL:612 925 5819 P. 014 RESIDENTIAL DEVELOPMENT, IHC. 91 Ita: STATE or NINHES0TA) S8. COUNTY OF WU=T ) The foregoing instrument was acknowledged before as this day of , 1995, by its of Residential Developmant, Inc., a Minnasota corporation on behalf of the corporation. Notary Public This Znatrument Drafted By: Olson, Dseet, Agan i Weingardan 6600 prance Avenue South Suite S90 Edina, NN 55435 F.2 DECLARATION OF PROTECTIVE COVENANTS CONDITIONS, AND RESTRICTIONS FOR RIVER MLL THIS DECLARATION, made this day of January 1985,. by Resldential Development Ino., a Minnesota corporation, hereinafter referred to as "DeclsranC. WHEREAS, the undersigned Declarant, a fWnnsecta corporation with Its offices at 15 Choctaw Circle, Chanhassen. h8nnesota, 55917, Is the fee owner of the following described real property: Lots t - 19, Inclusive, Block 1; Lau 1 - 22. Inclusive. Block 2; Lots 1 - 4, Inclusive, Block 9; Late 1- 22, Inclusive, Blodk4; Late 1 - 20, Inclusive. Block 5; Lata 1 - 8, inclusive. Stock 7; River tAll Suddiv slon, Wright County. M9nnesota. (hereinafter 'Property"). WHEREAS, it Is the intention of Declarant to develop and Improve the Property and to offer for onto the Iota Included In the Property for the canetulrction of single famAy and of twinhomos and to crests thereon a community of contpatiblo and complimentary single family and twin midentiel homes for the benefit of the roefdertta of the community; and WHEREAS. Dsolaront Is desirous of sub)octi ng aald Property to certain Protective Covenants as hereinafter sa forth for the assurance of consistent quality In srchhoatural design and landscape: NOW THEREFORE. Declarant hereby dsolaroa that the Property. and any tot within the Property. shall be held. sold. and conveyed subject to the following eassmema, mmmlations, covenants, conditions. and reservations which operate Y restrictions passing with the conveyance of every lot of the Property so described herein and WW be binding on all patlw having any right title or Interest In the described Property, or any part thereof, their heirs, successors, and assigns, and shall Inure to the benefit of each owner hereof; ARTICLE 1 DEFINITIONS For the purposo of this, definition, the topowlg tenne shall have tits meanings ascribed below: 1. khd rnik shall mean and rotor to any portion of a residence bul" eiwated upon the propsMae. designed and Untended for use and occupancy by a single family. 2. Lot shall mean and refer to any portion of Wad In the Property upon which a Uvinp unit Is situated. S. MCK" mean and rotor to the record owner. whether one or more persons or entities. of a tes Wrnple tills to any Lot whkh Is a part of the Property. Including contract sellers and vendase, but excluding those holding such Interest ,µv P.3 merely as security for the performance of an obligation, and excluding those having a Ben upon the property by provision or operation of law. 4. jPraparty shall mean and refer to the real property hereinbefore described. S. Private Hard Aran shall mean that portion of a Lot not covered by a Living Unit. ARTICLE II GENERAL BUILDING AND USE RESTRICTIONS SINGLE AND MULTIFAMILY LIVING UNITS t. Aawrd.mral "Re- No Lot or Living Unit shall be used for other than residential purposes. 2. Frrarwar Seerwea_ No vehicle shall be perked on the Lot other than In the driveway. A maximum of two vahWa may to perked In the driveway at any one time. No Lot shall be used for the parking or storage, of fish houses or unlicensed or Inoperable vehicles Including boats, campers, or trallers, whether licensed or not 2,w .LIIdIne etze wnwfrl�,rene. No buOEing shag be erected, aftered, placed or permitted to remain on erry Lot other than ane detached singlo-family dwelling or one two famlly Living Unit, not to exceed two and one -halt (2.8) stories In Might exclusive of the basement, with an attached private garage for not more than three cars 4. No bulkling shin be boated on any lot nearer to the front lot One, Olde lot Ones, roar lot lines than the minimum building setback Ones as required by all applicable statusa, a►dinanas and regulations promulgated by governmental subdivlalon having Jurisdiction over subdivisions. For the purpose of this covenant. saves, steps, and open porches shag not be considered a part of a building. provided, however, that this shall not be Construed to permit any portion of a building on a lot, to encroach upon another lot. 4. Opiwrr,r Penhrhrnww_ . No fowl, animals, reptiles or Insects shag be kept on any Living Unit or Lot oxospt dogs, cam and other oommon household pats. provided they are not kept , bred or maintained for any commerdal purpose. Further: AL Each pet owner shall be financially responsible for any personal Injury or property damage caused by his or her pat. b. Each pot owner shall be rs,aponslble for cleaning up after his pct at all places on the Property as well as an the pib0o lands appurtenant thereto. a Each pat owner stall comply with all applicable provisions of all stats. mundpal, or local law or ordinance governing or regulating the ownership and maintenance of pets.. 8. The owner of a Lot shall complete the construction of the exterior of all structures Inehxling, but not ON to. all painting, olding, beckvvork, roofing, and landscaping within nine (g) monthe after starting construction. Consgnuclion to deemed to have gwtod when the excavation of a basement or foundation Is begun. 6. gaW=&CS& e ssmertt for Instaltolon and maintenance of ullOtiss and drainage flacittles are reserved . No alma!urs, planting or other materials shall be piaasd or ponnkted to remain within the easements of record as shown on the recorded plat which may damage or lnt* aro with Installation or maintenanoe of the utilities In the easements, or whlan may obstruct or retard the flow of water through drainage channels In the easements. Ttw easement area of each lot and all Improvements In It shall be maintslned continuously by the owner of the lot, except for thou Improvements for which a publlo authority or utility Company to responsible. 7. No noxious or offensive activity shall be carred JPV 31 '95 05:47PM 0 • —I_ P.4 on upon any Lot, nor shall anything be dons thereon which ay be or may become an annoyance or nuisance to the neighborhood. 9. No storage building dual] 1200 square feet , the aiding of which shall match the siding of the Living Unit No structure of a temporary character, trailer, basement, tent, shack, garage, bam, or other outbuilding "be used on any Lot at any time as a residence dtiher temporarily or permanently. 9. 2"& No sign of any kind shall be displayed to the public New on any Lot except an foltowe: a. During the Wdal construction and sales period of the subdivision one sign no torpor than 9 fest by 4 feet in size may be placed on the Lot advertising the Lot for sale, except in the case of houses advertised as model homes, in which case multiple signs, and/or signs In excess of 9 foot by 4 feet In size are permitted. b. After the Initial construction and -ales period, one sign of not more than one square foot In else Idendlying the profession of the occupant of the tat. and one sign of not more than 2.5 feet by 9 feet size. advertising the Lot for a" are permitted 10. WA� o�ane� No Lot shall be used or maintained as a dumping ground for rubbish. Trash. garlano or other waste shall not be kept except In sanitary containers. Ail Incinerators or other equipment for the storage or disposal of such matsrial shall be kept In a dean and sanitary condition. 11. Te1wlMan anrnnr�.. External television antennae are prohibited. Television antennae may be Installed In the rafter area of the garage. 12. EgLUM , No fence. wap. hedge, or shrub planting which obstructs sight lines at elevations between 2 and A feet above the roadways shall be placed or permitted to remain on any comer tot within the triangular area formed by the street properly lines and a pre connecting them at points 25 feet from the Intersection of the street property from the pavement. No tree shall be permitted to remain within such distances of such Intersections unless the fol ago line is maintained at sufficient heights to prevent obstruction of such sign tines. I& r MS mad Pie JUM Each UvIng Unit. prior to the Issuance of a Certitioate of Occupancy. shall have the area between the curb and the rear building line sodded. Trees and shrubs that fall to talks root shall be removed and replaced prior to or coincident with the next growing season. 14. AttW,ildLa& Maintenance froe materials shall be used throughout for exterior aiding. I IL 6AedS .cud 9Nee u■.- All use herein nohMthstanding. arty Living Unit may be used as • model for a single or multiple family resldsnce, or for a real estate offlos with customary development and/or "Iss signs during the development period of the Declarant. its successors or assigns. J 1 e. E=RggLA&WUU== The entrance monuments which IdentIfy community m RIVER MILL shall remain and be maintained by RsWentlalave f. ",P' Development, Inc. until January 1. 1908. at which time maintenance shall be ✓ P,'` continued by the Owners of the propertles subjeed to the" covenants. . I,a�' i V ✓ . Cr 40 de �.. f ARTICLE III A SINGLE pAMILV 1. PriorPrnNN n All provtstons of Article 11 above shall apply to this Article as 014Y- though repeated herein. 2,The Architectural Control Committee for single fatuity, detached LMng Units shall be composed of Rick D. Murray, Roarts M. Murray, and Robert E. Murray, all of 15 Choctaw Circle, Chanhassen, Minnesota, 65317, until such time as the Declarant no longer owns any Lot within the Property. Thereafter an Architectural Control Committee may be formed by a majority vote of the owners of the Lots on the basis of one vote per Lot. A majority of the committee may designate a representative to act for It. In the event of death or resignation of any member of the committee, Residential Development Inc. @hail have full authority to designate a successor. Neither the members of the committee, nor its designate representative shall be entttled to any compensation for servioes performed pursuant to this covenant. The committee's approval or disapproval as required In these covenant* shall be In writing. In the event the committee or Its designated representative fella to approve or disapprove plans and specifications within 30 days after sold plans and specifications have been submitted to it, such plans and specifications shall be doomed approved. The Architectural Control Committee shall be concerned with aesthetic characteristics only and shall not assert architectural expertise. In the course of Its dulls, the committee may request certain design modrticatione in the Interest of producing Improvements more complementary to or compatible with the community, It Is the sal duty and reaponelbUlty of any applicant to employ an architect or other qualified person to design the requested modifbatlons In a safe and sound manner. Each owner of a Lot walvee any right to claim damages resulting from design modifications requested by the committee. 3. BYlld+aga. Tewnrn w na nd Fen A■. No building, tower, fence, wail, or structure of any type shall be erected, placed or altered on any Lot until the constnutlon plana and specifications and plat showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing or proposed structures, and as to location with resoeot to topography and finish grade elevation. No fence or wall shall be erected, pieced or altered on any Lot unless similarly approved. 4. Trees. In addition to the requirements of Article II, Paragraph 13, each lot shall have two trees planted In accordance with Monticello City Ordinance Title Vlli, Chapter 3, Section 5 towit: (a) Elm trees aro prohibited spades. (b) Plantings are not required an lots having existing trees (c) Tress required to be planted shall be planted Inside the lot wlthln 4' of the frontproperty One. (d) Requlred subdivision trees shall have a diameter of 2' one foot above the ground. (e) Approved tree guards are reWlred. ARTICLE IV TWIN HOMES 1. Poor Pravfalans. All provisions of Anita II above shall apply to this Article as though repeated herein. 2. Pn.�Wafh Each party wall which in bull as part of the original construction of any Uving Unit upon the Property and placed on the dhAcUng Una between two (2) Living Units shall constitute a Party Wall and to the extant Consistent with the provisions of this Article. the general nil" of law regarding party walls and of liability "I 05:48PM O P.6 for property damage due to negligent or willful acts or omissions shall apply thereto. B. Rgnaira and M Imnnsnen_ The cost of reasonable repair and maintenance of each party wall shall be shared by the Owners who make use of the wall in proportion to such use. b. Destruction by Fire or Casualty_ If a Party Wall Is destroyed by Ore or other casualty or by physical deterioration, any Owner using the well may restore It, and shall have an easement over the adjoining Living Unit for the purpose of making such restoration, and If other Owners thereafter make use of the wall they shall Contribute to the cost of restoration thereof In proportion to such use without prejudice, however, to the right of any such Owner to call for a larger contribution from other Owners under any rule of law regarding liability for neglioent or willful acts or omissions. c. bULLUmprymp$pp. Notwithstanding any other provisions of this Paragraph, any Owner who by his negligence or willful act causes any party wall to be exposed to the elements or excessive heat or cold shall bear the whole cost of furnishing necessary protection egalinat such elements or heal or cold, and of repairing the party wall from damage caused by such exposure. CL RIeM n aMdh Men RLnn h Thw L_nd. The right of any Owner to contribution from another Owner under this Paragraph shall be appurtenant to the Lot and shall pass to such Owner's successors In title. e. Fricranhmnni. II any portions of a UNng Unit or any Lot shall actually encroach upon any other Lot or Uvtng Unit , or If any such encroachment shall hereafter arise by reason of settling or shifting of the building or other cause, there shall be deemed to be an easement In favor of the Owner of the encroaching Uving Unit to the extent of such encroachment so long as the same shall exist. f. Machnntc'e Iinns, Each Owner of a Uving Unit ('Defaulting Owner) agrees to Indemnify and hold harmless the Owner of the adjoining Uving Unit for any mechanic's gens arising from work done or materials supplied to make repairs or replacements for which the Defaulting Owner Is responsible. g. mop. In the event of any dispute arising under provlalon of this Paragraph concerning a party wail, or any other dispute, each Owner shall choose one arbllrator and such arbitrators shall choose one addltlonal arbitrator, and the decJslon of the majority of the arbltratore shall be final and conclusive of the Question Involved. If either Owner refuses or falls to property choose an arbitrator, the same may be appointed by any Judas of the State district court for Wright County, Minnesota. Arbitration shall be In acoordance with the rules of the American Arbitration Assoclatlon. 0. Arehitse " t -entrnt smmi"nu.The Architectural Control Committee for multi family Uving Units shall be comprised of Rick D. Murray, Roberta M. Murray, and Robert E. Murray, all of 18 Choctaw Circle, Chanhassen, Minnesota, 63317, until such time as the Declarant no longer owns any Lot within the Property. Thereafter an Architectural Control Committee may be formed by a majority vote of the owners of the Uving Units on the baste of one vote per Uving Unit. A majority of the committee may designate a representative to set for It. In the event of death or resignation of any member of the committee, Deolannt Mall have full authority to designate a successor. Neither the members of the committee, nor Its designated representative shall be entitled to any compensation for sa►Yces pertormed pursuant to this covenant. The committee's approval or disapproval as required In thou covenants shall be In writing. In the event the committee or Its designated representative falls to approve or 6µt P.7 disapprove plane and specifications within 30 days after said plans and specifications have been submitted to It, such plans and specifications shall be deemed approved. The Architectural Control Committee shell be concerned with aesthetic characteristics only and shall not assert architectural expartlso. In the course of Its duties, the Committee may request certain design modifications In the Interest Of producing Improvements more complementary to or compatible with the Community. It is the sole duty and responsibility of any applicant to employ an architect or other qualified person to design the requested modifications In a safe and sound manner. Each owner of a Lot waives any right to claim damages resulting from design modifications requested by the committee. 4, Rulldinee Tewers . No building, tower, fence, wall, or structure of any type shall be erected, placed or altered on any Lot until the construction plans and specifleations and plat showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with srdeting or proposed structures, and as to location with respect to topography and finish grade elevation. No fence or wall shell be erected, placed or altered on any Lot unless similarly approved. S. Trees. In addition to the requirements of Ankle 11, Paragraph 13, each lot shall have one tree planted In In front of each Living Unit as follows: (a) Elm tress are prohibited spades. (b) Plantings are not required on late having existing trees In the front yards. (c) Trees required to be planted shall be planted Inside the lot within 4' of the frontproperty line. (d Required subdlvlsion trees shall have a diameter of Y one toot above the ground. (e) One decorative shrub shall be planted In front of the utility meter location to screen the meter(s) from the street. (f) Approved tree guards are required. ARTICLE V GENERAL PROVISIONS 1. Aznppmgtup. These covenants conditions, restrictions and reservations shall rum with the land and be servitude thereon and shall be binding on all parties and all persons claiming under them and upon all purchasers of all or any of the land as described herein, and their heirs assigns, or successors In Interest for a period of Thirty (30) years from the data these covenants are recorded, after which time sold covenants shall be automatically extended for successive periods of Ten (10) years. These covenants may be amended by recording against all the property an Instrument signed by a majority of the then owners of the Lots agreeing to change said covenants In whole or In part. For purposes of these Declarations the owner of a Lot shall consist of each of the owners of record In the office of the Registrar of Titles. the spouse of such person and the holder of any mortgage of repord against such Lot. 2. Rnfe� wiiimna Enforcement shall be by proceedings of law or In equity against any parson or persons violating or attempting to violate any covenant or provision either to restrain violations or to recover damages. In the event a court Issues a final order finding that a party has violated the provisions of this Declaration, such patty shall be liable for the attorneys fess of the party seeking such an order. 3. Aaverbllity, Invalidation of any one or more of those covenants or provisions hereln by judgment or court order shall In no Was affect any of the other provlslons P.B which shall remain in fun force and effect. IN WITNE88 VMEREOP, The Declarant has hereunto set hie hand on the date first above written. RESIDENTIIAL DEVELOPMENT INC. By he )88 COUNTY OF HENNEPIN) The for"Wrlo Instrument was acknowledged before me thle day of 1893, by Rick D. Murray, President of Residential Development Ino., a Minnesota corporatlon, on behalf of the corporation. Notary Public This Instrument wan drafted by Residential Development, Ino, IS Choctaw Circle Chanhassen, MN fSW`I7 0 Council Agenda - 2113/95 15. Consideratipn of aonroy*aponndtant foy remedial soil investigation for Bulk Oil Plant and Citv Fire Hall. W.SJ A. REFERENCE AND BACKGROUND: This item has been continued from previous meetings to allow time for City staff and representatives from Riverside Oil and JM Oil to interview two of the consultants, check references, and make a recommendation for the City Council. The two firms interviewed were American Engineering and Testing, Inc., of St. Paul, and Agassiz Evironmental Systems in Brooklyn Center. American Engineering and Testing's coat for the scope of work and our request for proposals was $18,400. Agassiz's cost based upon their proposal was $12,413.50. Upon further review of their proposal, it was found that they only included three of the proposed five monitoring wells and deleted the corresponding testing. Upon taking their unit prices and calculating out for the original scope as requested, their proposal increased to $14,994. At the completion of the interviews, the joint group selected Agassiz, and references were checked with the Minnesota Pollution Control Agency, past clients, and the Petrofund Board. All references were found to be acceptable. The fust alternative would be to approve Agassiz Environmental Systems as a consultant to the remedial soil investigation at an estimated cost based upon the original scope of work for $14,994. The cost would be split between the three parties. The second alternative would be not to select Agassiz but another firm from the other three proposals. The third alternative would be to do nothing at this time. Since the City of Monticello, JM Oil, and Riverside Oil aro obligated under state statutes to complete the additional soil remedial investigation work, and the City Council has approved the joint venture between the throe parties to accomplish the work, I recommend we move ahead by selecting Agassiz Environmental Systems as outlined in alternative 01. On an additional note, Jeff Michaelis from Riverside Oil asked whether or not the City would be willing to upfront the cost of the investigation estimated to be $6,000 per party. It is possible that the Petroilund reimbursement may be slow in coming and could take a year or longer. I discussed this with Rick, and he indicated that we would have to look at whether or not this would set a Council Agenda - 2/13/95 precedent and the fact that we are already in a joint venture is already saving both Riverside and JM Oil. This could also be a reason, however, to upfront some of the costs at a low interest rate. We may discuss this further at Monday evening's meeting. D. SUPPORTING DATA. Copy of corrected proposal from Agaasiz Environmental Systems. '1 ILA- G A S S I Z Environmental systems December 30, 1994 Mr. John Simola Public Works Director City of Monticello 250 East Broadway P.O. Box 1147 Monticello, MN 55362-9245 RE: Proposal for Remedial Investigation, Monticello Fire Hall (leak number 8097), Riverside Oil (leak number 807 3) and JM Oil (leak number 8074) Dear Mr. Simola: Enclosed please find Agassiz Environmental Systems' bid/proposal for the remedial investigation for the combined leak sites. If you require further information or clarification, please do not hesitate to contact me at 612-531-8255. Sincerely, William Cole Storm, CHMM Director of Environmental Operations Al",wp0 0 PROPOSAL REMEDIAL INVESTIGATION MULTIPLE SITES i FIFTH STREET _ MONTICELLO. MINNESOTA 9 SUBMITTED TO: Mr. John Simola ' Public Works Director , 250 East Broadway P.O. Box 1147 = Monticello, Minnesota 55362-9245 - SUBMITTED BY: AGASSI2 ENVIRONMENTAL SYSTEMS, INC. 5637 Brooklyn Boulevard Suite 103 , Brooklyn Center, Minnesota 55429 December 30, 1994 R.. - 0/68 y TABLE OF CONTENTS 1.0 INTRODUCTION................................................................... 2.0 SOIL BORING PROGRAM............................................................ 3.0 MONITORING WELL PROGRAM ..................................................... 4.0 HYDROGEOLOGIC TESTING........................................................ 5.0 VAPOR SURVEY................................................................... 0.0 RVCAD REPORT................................................................... 7.0 PETROFUND APPUCATION......................................................... 8.0 COST............................................................................ APPENDIX A PETROFUND BID FORM FOR CONTRACTORS PROPOSAL: RWAU CIT' OFh10%'nC'1'.LL r A157 1.0 INTRODUCTION Braun Intedec (Braun) conducted a subsurface contamination assessment at four sites In the City of Monticello; JM Oil, Riverside OR. Nelson Oil and the Monticello Fire Hall. The assessment used a Geoprobe to evaluate the soil and groundwater for potential petroleum hydrocarbon contamination. Braun concluded that petroleum contaminated soil and/or groundwater was present at three (JN OR, Riverside Oil and the Monticello Fire Hail) of the four sites; further investigation was recommended. The following scope of work was prepared in accordance with the Minnesota Pollution Control Agency (MPGA) requirements for petroleum release identification and Investigation . MPCA has Identified the sites with leak numbers 8097 (Monticello Fire Hall), 8073 (Riverside Oil) and 8074 (JM O)I. The scope of the work described in this proposal Includes: • The completion of ton (10) soll borings; • The sampling and analysis of soil (minimum of 10 samples) collected from the borings; • The sampling and analysis of "groundwater' (3 samples) collected from the borings; • The installation of five (5) monitoring wells; • The sampling and analysis of ground water (minimum 2 quarters) collected from the monitoring wells. • Hydrogeologic testing Q.e., slug tests) at two of the monitoring wells and completion of MPCA fact shoot 024 (Hydrogeologic Setting and Groundwater Contamination Characterization) • Conduct a vapor survey in accordance with MPCA fact sheet 022 • Completion of an RUCAD report; If corrective action Is deemed necessary a CCAP will be prepared • Completion of Potrofund application The purpose for No work described in the report Is to assess the impact that the release Is having on the site and identify potential receptors. 2.0 SOIL BORING PROGRAM Ten standard ponotration tost borings will be installed; seven of the borings will be advanced to 15 foot below grade (assumod depth to top of clay unit), three of the borings will be advanced to 25 feet below grade. The objective of the deeper borings Is to assess the thickness and continuity of the clay unit across the site, as well as evaluate the potential for petroleum contamination below this clay unit. The soli borings will be advanced with a 3114 • inside diameter (ID) hollo"orn auger. Soil samples will be obtained from 5' by 3• split spoon tubes, samples will be continuously screened for the presence of organic vapors utilizing a hydrogen flame ionization detector (FID). The FID readings represent a qualitative Indicator of contamination by compounds which are Ionized or •bumed• In a flame. Tho soli so mplos wUl bo mooned for volatile organic compounds (VOCs) In occordonoo with the MPCA document "Jar Hoadspaco Analytical Scrooning Procedures.* The boring loge Illustrating the Wholugy and summarizing the soli vapor data wit be completed. Selected sampling Intervals will be chosen for analytical testing from each seg boring basad on Gold observations Ov., visual, olfactory and hoodspaco) and In accordance with MPGA fad shoats 015, 18 and 17. A minimum of ton soil somptos is anticipated, however, doponding on G to conditions this numbor may be excoodod. Soil samples will be analyzed for total petroleum hydrocarbons as diesel (DRO) and as gasoline (GRO), PRUP(T%1. RbC,u) Crry or h1o\ ❑CM.0 A177 BTEX and lead (Pb). Soil samples will be submitted to Wxtwest Analytical Services of Cambridge, Minnesota for analysis. Sod samples collected for analytical laboratory analysis will be packed in dean, laboratory -supplied 2 ounce glass jars equipped with nylon septums. Approximately 25 grams of sod was placed in each jar using a digital scale. Samples analyzed for diesel range organics (DRO) were preserved in the laboratory Samples analyzed for gasoline range organics (GRO) will preserved In the field with methanol. Samples will be kept in a cooler on site until arrival at Agassiz where they will be placed in a refrigerator. Proper sample chain of custody was maintained. Samples of'grourdwater will be collected and analyzed for identical parameters from the open bore hole in the three deep borings. 3.0 MONITORING WELL PROGRAM Five (5) of the shallow soil borings will be converted in above grade monitoring wells. The wells will be advanced using a Ingersoll Rand A-2000, hollow stem auger, We toot continuous split spoon to appropriately intersect the apparent water table. The wells will be logged end completed under water well ficense 75389, which is held by Lee Well Drilling. Following installation, the monitoring wells will be developed, stabilized and sampled In accordance with MPCA guidelines. Well construction diagrams, Mnnesote Department of Health permits and a summary of well construction data will be provided. The monitoring wells will be surveyed and ground water elevation date collected during ground water sampling events. Ground water will be gauged by measuring the distance from a surveyed notch in the Inner casing of the monitoring wells to the water table by lowering a ground water probe which aminates a tone when d comes In contact with water. The probe will be thoroughly dislnfocted and decontaminated between monitoring wells with alcohol and de-lonized water. In addition, the total depth to the bottom of the well will be collodod to assist with the determination of the volume of water present in the well and Inspect the condition of the well. Two rounds O.o., quarters) of groundwater sampling and analysis will be performed. Analytical parameters selected during the first ground water quality sampling event will Include Minnesota Department of Health volsWe organic compounds (VOCs) and total petroleum hydrocarbons as diesol range organics (DRO) and as gasoline range orgordcs (GRO), me" tortiary butyl other (MTBE) and dbsotved lead (Pb). In addition, dissolved oxygon (DO), chomicat oxygen domand (COD), total nitrogen (TKN, nitratolndrdo) and total phosphorous analyses will be performed during the first round of groundwater sampling. Assuming that no non•potroloum VOCs are detected In the find round of groundwater sampling, the second round will be analyzed for BTEX, MTBE, GRO, ORO and lead. One blank will be collected and analyzed during each sampling event for VOCs and BTEX. Samples will be collected by determining the volume of water present within the monitoring wells and removing five well volumes or more to get o sample roprosontativo of the oqulfor. Once the volume of water Is removed, o sample Is eofiodad by dean bailor. Samples will be transferred to 60 ml purge and trap kite for trormportollon and subrrtUal to the laboratory. Ground water samples will be submitted to Midwost Analytical Servicas of Cambridge, Minnesota for onalydo. PROIN)S,U: RVCAnIUF cn,y OF Kn'il U 14 ) A117 4.0 HYDROGEOLOGIC TESTING An in-situ conductivity (i.e., slug) lest will be performed on two of the monitoring web. A groundwater receptor survey will be conducted in accordance with the MPCA fact sheet 023 utilizing the County Well Index data' base (CVM) which Agassiz has in-house. The hydraulic conductivity, hydraulic gradient, ground water flow direction and ground water velocity will be determined by utilizing the data collected at the site during the site monitoring activities (ground water gauging, monitoring well survey and slug test) and available and site specific reference data p.e., CWI well logs, Minnesota Geological Survey [MGSI maps, books and hydrological allas. USGS Basic Groundwater Hydrogeology, water supply paper 2220) . This information will be used to complete the MPCA fad sheet 024 6.0 VAPOR SURVEY A vapor risk assessment and survey will be conducted to assess the potential and/or actual migration of petroleum vapors through structures and utilities in accordance with the MPCA fact sheet 022. 6.0 RUCAD REPORT Following the completion of the remedial investigation, a Remedial Investigation/Corrective Action Design Report (RVCAD) will be developed and prepared M accordance with the MPCA guidelines. The remedial Investigation report will detail the methods, findings and conclusions of the investigation; the corrective action design will discuss these conclusions relative to the need for corrective action and discuss the alternatives. Three alternatives will be discussed, Including the 'no action alternative', sufficient details of progminery, design of the proposed corrective actions will be provided to permit evaluation of their likely offectIveness. If corrective action Involving active remediation Is deemed necessary, Agassiz will prepare a Comprehensive Corrective Action Plan (CCAP) based upon the listed unit costa. 7.0 PETROFUND APPLICATION Upon rocolpt of MPCA approval of the RUCAD report. Agassiz will prepare the necessary paperwork for completion of the Patiofund application submittal. 8.0 COST Cost for the above scope of work Is estimated at $14.984.00; see Appondbi A for a brook down on costa. i PROPOSAL PACKAGE Site: Monticelle Fire Hoa Remidel Investiption Submitted to: John Simola City of Monticello 250 East Broadway 0 P.O. Box 1147 u Monticello, MN 55362 December 29,1994 Proposal a: A157 Submitted by: AGASSIZ ENVIRONMENTAL SYSTEMS, INC. 5637 Brooklyn Blvd. Suite 103 Brooklyn Center, MN 5.429 1-612-531-8255 ♦�.:fJJ I A— 1-1\ IN 11\\/lN Oi .:\ 1: \1. J 1 J 1 \.lm\J, Environmental Contracting and Consulting Services PROPOSAL Proposal offered to: Company: City of Monticello "client" Address: 250 East Broadway PO Bos 1147 City/St./Zip: Monticello, MN 55362 Contact: John Simota Site: Monticello Fire Hall Agassiz Environmental Systems and the Client hereby agree as follows: See attachment A (Scope of Services) See attachment B (Petrofund Proposal for Consultant Selection) See attachment C (Petrofund Proposal for Contractors Selection) See attachment D. (Other): We hereby propose to furnish all labor and materials in accordance with the above specifications, for the sum of: fourteen thousand nine hundred ninety-four dollars and zero tents (S 14994.00) with payment t. be made as follows: NET 30 DAYS. All material is guaranteed to be as specified. All work to be completed in a workman like manner according to standard practices. Any alteration or deviation from above specifications involving extra costs, will be executeu only upon written orders, and will become an extra charge over and above the estimate. Authorized Signature: Terms of agreement: 1. cliat will udcal. dw Ply tuna+mdbr reapaeibk fa wcur y dma to 3. Clio rill twice fa rigM.doq dpasomel and ayuipnaa to mlpku work. J. AV.,ia will —dw. V damage called by Audi, Chen a say ahr muaaas m uta pswrt Aped= Oaw congktu. the work miliwd in ib muaa wuh the MM Apui+hu IM room to oxmd 6moM Any dmnga m my by Ap ie. wgfip" will be billed w m. C1iat. 4. Glia/ will be r Wy ible ga kauat all auMararem wuau m ailuim: ii cd g wan, sews, go sad deatial Whim and booed lards, ppn ud slim adootbom egamaanoa. In do e.at the Cline Wb to pr—& she idamw- whb w mdl wilh" tad.+, pito and app aknuwm dr Clime apn to irdwwy and hold Apoic homier ft— any and aU chum m damage a the Climt a w say drud puty arimina oa da in airy way oamm al wi1A fbihae to pee ide such hdbttttatlm S. Aly u dCrpv" obsru line sensed will be Burped a= elan and ionvicM m a tiar ad music Ens m to n6lblw pica 6. Agaaut will annul un oia+lo dim maamly, and • 1)nal b,tria ttpm eoapinim daaeica broom will +haw cbwtm based m Agmitlt atrat Pm adtaduY m elm agrad upm baso. Ada-' semitone ofcbwto and badup daw will boprwidod al dr flim\ rew m 7.'llr slim win toy dw balance dad m dw irvrum udm Ili dine naiad Apcu in writvlg wilhia 117) Meta da)s sora We Imvi.e data dUr parlivla itrn.lha .• alkpd w ba umatre'a. g, 1 Inlet aha urall>:amt1 IaN bre mall wish Ili Clirnl pa)asaa u due upon romp dmwin and i pm dw else Ihirry da>s Gnat uroia tine. On pm dw sennas. to Cliad will pry a rbmm cargo of 1.51a pa marmc m tea naon nuaialiowa! by bw, wbich v a Ina. 9. 11.-CGcm atm dd aU rapmb and aha wa► lu mood b dw fuels a the t(yattl wt" m m paid M. will be raemcd upon d--1 and win b be ued by too Chat orally Papme. 1 U, 11r Mai will pay dl reaaaahlr WrAlk. and adkati n acpetyes urckdi to an nmy fen do Apmit Moa k o dkaing say dclhqum w—d We Clim moa urd., this emirul. h, adduim dw Chm mhsU pa) 4*ctw n dr run or I.N\ pa mase many pm dw lml t 11. it Lt. Clint ucu" a ae apim Apa=u wttidt i, d,.rh d a Ihr wtudh judpmt is leadtte'Am Ap=ia. ft Chat will ho ropntabk for all oras d&amt, oa-hdby oxm-y tbo. eve wino Ibm sad awl moa In addaiat, the cliew dmu pay irdaw u a raw of I'See pa mono m say pm dw Wm - 2, c-uw m) br amadod ad) by • wtimm unadaasa eily d by bah ter Clint sad Apde 13. All wok will ho p AM as pa Fcknd, lSWa orad oral lawn lain and np"km atWw u pa udmry ataadarh. 11 A, pa btuaraaa bws. A&—U my came a Uat spm for V Very Uthq• m m pad e W lib stomas. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are hereby accepted. You arc authorized to do the work as specified. Payment will be made as outlined above. l"I't,. C;.,.,.,t...., cii) SCOPE OF SERVICES City of Monticello SITE: Monticello Fire Hall Agassiz Environmental Systems is to provide the following services for the site located in Monticello, MN. The purpose of these activities is to provide a sub -surface investigation. The following services are to be provided by Agassiz Environmental: -Provide a site Health and Safety Plan -Advance 7 soil borings to a depth of 15' each -Advance 3 soil borings to a depth of 25' each -Screen Soils for the presence of Petroleum Hydrocarbons -Obtain and submit Laboratory samples -Install 5 Monitoring Wells to a depth of 15' each -Complete 2 Rounds of Sampling -Provide a Remedial Investigation report Methodologies: -Advancement of soil borings will be done with an Ingersol Rand Model A 200 Environmental Drill Rig. The drilling will be done by hollow -stem augers which advance 5' X 3" split spoon tubes, all samples will be collected continuously. -Soils will be collected in accordance with MPCA guidance document M7 ("Jar Headspace Soil Screening Procedures'). The soils will be screened for the presence of organic vapors using a photoionization detector (PID) equipped with a 10.2 electron volt (eV) lamp and calibrated to read in pans per million (ppm) volume/volume as benzene. The PID readings represent a qualitative indicator of contamination by compounds which are ionized by the 10.2 eV energy source. The soil samples were screened for volatile organic compounds (VOCs) in accordance with the MPCA document "Jar Headspace Analytical Screening Procedures" -Soil samples collected for laboratory analysis will be packed in dean, laboratory supplied 2 ounce glass jars equipped with nylon septums. Approximately 25 grams of soil will be placed in each jar. The samples will be kept in a cooler on site and during transit to the laboratory. Samples analyzed for gasoline organic range (GRO) will be preserved in the field with 20 grams of methanol. Samples analyzed for dicsel range organics (DRO) will be preserved in the laboratory. Proper chain of custody will be maintained. -Monitor wells will be installed to a depth of 15' each. Wells will be installed in accordance with all rules and regulations of the Minnesota Health Department and the Minnesota Pollution Control Agency. •2 rounds of water samples will be collected. The monitor wells will be stabilized and water will be collected in accordance to the Minnesota Pollution Control Agency Guidance Document #10 (Ground Water Sample Collection Protocol). The water samples will be placed in lab supplied receptors. Water samples will be kept in a cooler on site and during transit to the laboratory. Proper chain of custody will be maintained. -All data will be complied and written into a Remedial Investigation report. This report is to include an introduction, background, discussion/conclusions and recommendations. Attachments to the reports will be tables (i.e., soil vapor tables and soil analytical tables), figures (i.e., site location map, site map and soil boring/monitor well location map) and appendix (i.e., soil boring logs, monitor well specification and laboratory results). MINNESOTA PETROLEUM TANK RELEASE COMPENSATION FU14D Petrofund Proposal for Consusant Selection NOTICE TO THE TANK OWNEW/PETROFUND APPLICANT (1) If you intend to use consultant services, the Petrofund rules require you to obtain a proposal from at least two consultants in order to compare costs and qualifications (unless a specific exemption applies to you). A "consultant" is one who provides professional environmental consulting, investigation or design services. (2) The Petrofund Board may require you to justify the reasonableness of the costs in the proposal you Seed. (3) After the consultant you have selected performs the work, the Petrofund Board will review the invoices and will reimburse you only for those costs which it determines are rea.onable. IT IS YOUR RESPONSIBILITY TO ASSURE THAT ONLY NECESSARY WORK IS PERFORMED. (4) It Is also necessary for you or your agent to obtain a bid from at least two contractors for each contractor service performed at your site. 'Contractor services' Include, but are not limited to, excavation, treatment of contaminated soil and groundwater, soil borings, well Installations, laboratory analysis. surveying, electrical, plumbing and equipment. Bids must be obtained using a separate Petrofund bid form, and mew not be included in this consultant proposal form. OWNERIAPPLICANT INFORMATION FIRM NAME: City of Monticello ADDRESS: 250 East Broadway PO Box 1147 Monticello MN 66392 CLIENTS NAME: John Simola SITE ADDRESS: Monticello Fire Hall CONSULTANT INFORMATION FIRM NAME: Agassix Environmental Systems ADDRESS: 6637 Brooklyn Blvd. Suite 103 Brooklyn Center, MN 55429 CONTACT NAME: John Landwohr PHONE NUMBER: (912)9314268 A general description of the consultant's approach to this project and the scope of work to be performed at the above site: i Petrofund Proposal for Consultant Seledlon Ownerslapplicants must obtain two proposals which enable them to compare the same phases. PHASE 7 CONTAMINATED SOIL EXCAVATION EST. UNITS UNIT COSTS EST. TOTAL Professional Services 15.00 0.( 1. Coordination with Client, Contractor 3 MPCA 50.00 0. 2. Health 8 Safety Plan Development 50.00 0. 3. Supervision (Project Management) 50.00 0 4. Sample Collection 6 Field Screening (soil) 45.00 0. 5. Sample Collection 6 Field Screening (groundwater) 45.00 0 8. Field Map Development 40.00 0.1 7. Soil Treatment Coordination (permits. etc.) 50.00 0.1 S. SCAP Preparation 50.00 0., 9. Tank Closure Report 50.00 0.1 10. Administrative Personnel 25.00 2,250.00 11. Other (specify) 1 50.00 Expenses 1. Diagnostic Equipment HNU Meter 90.00 0.( 2. Field Supplies 15.00 0.( 3. Travel: Mileage 0.35 0.( Time 25.00 01 4. Per Diem 75.00 01 5. Other (specify) Soil boring supervisionlsoll sample collection 8 45.00 Sub Total: 0.0 PHASE II REMEDIAL INVESTIGATION Professional Services 1. Workplan Preparation 2 50.00 100.01 2. Health & Safely Plan Modilications 0.5 50.00 25.01 3. Coordination with Contractor (permits) 50.00 0.0( 4. Data Collection: Soil boring supervisionlsoll sample collection 8 45.00 380.0( Monitoring well Installation supervision 3 45.00 135.(X Groundwater sample collodion 8 40.00 210.0C Well development 40.00 0.00 Report WrItInglAnalyzation 45 50.00 2,250.00 SurveyinglFleld Mapping 1 50.00 50.00 Polrolund 1 250.00 250.00 Administrative Personnel 4 25.00 100.00 /SL ruu u,ui,u i-,uyu�ia, ,w EST. UNITS UNIT COSTS EST. TOTAL 5. Risk Analysis Vapor risk assessment 2 50.00 100.(. Receptor risk assessment 2 50.00 10D.0 Groundwater receptor survey 4 50.00 200.0 Hydrogectogy characterization worksheet 4 50.00 200.0 Slug Tests 2 50.00 100.6 Expenses 1. Diagnostic Equipment HNU Meter 1 90.00 90.1 2. Field Supplies 2 15.00 30.1 3. Travel Mileage 200 0.35 70.1 Time 4 25.00 100.( 4. Per Diem 75.00 0.( 5. Other (specify) Bailers 15.00 0.l Survey Equipment 1 85.00 85.( SlaWlizalion Equipment 85.00 01 Sub Total: 4,585.( COMPREHENSIVE CORRECTIVE ACTION PLAN Professional Services 1. Coordination with Client, Contractor 6 MPCA 50.00 0.( 2. Recovery Well IratallatloNDesign 50.00 0.l 3. Recovery Well Installation Supervision 50.00 0 ( 4. Aquifer Pumping Test 50.00 0.( 5. Aquifer Testing Analysis 50.00 0.l 8. Soil Vent Installation Supervision 50.00 0.( 7. Soil Vent Pilot Test 50.00 0.( 8. Soil Vent Pilot Test Analysis 50.00 0.( 9. Bioremediation Bench Testing 50.00 0.l 10. Permitting (NPDES, Air, etc.) 50.00 0.( 11. Date Reduction/Evaluation 50.00 0.( 12. MPCA Teleconference 50.00 0.( 13. CCAP Preparation 50.00 0.t 14. Other (specify) Report Summary 50.00 0.( Expanses 1. Diagnostic Equipment HNU Moter 90.00 0.( 2. Field Supplies 15.00 0.( 3. Travel Mileage 0.35 0.( Time 25.00 0.( 4. Per Diem 75.00 0.( S. Other (specify) Sub Total: 0.0 Form A /sM 10 I MONITORINGIREMEMATION SYSTEM OPERATION b MAINTENANCE 90.00 0.0' EST. UNITS UNIT COSTS EST. TOTAL 15.00 Professional Services 3. Travel Mileage 0.35 1. Coordination with Client. Contractor & MPCA 50.00 0.0( 2. System Start-up services 50.00 0.0( 3. System Inspection 50.00 0.0( 4. Groundwater Monitoring 50.00 0.01 5. Air Monitoring 50.00 0.0( 0. Periodic Permit Renewals 25.00 0.01 7. Performance Analysis/Data Reduction 50.00 00 B. Monitoring Report Preparation 50.00 0.01 9. Other (specify) Expenses 1. Diagnostic Equipment HNU Meter 90.00 0.0' 2. Field Supplies 15.00 0.0 3. Travel Mileage 0.35 0.0 Time 25.00 0.0 4. Per Diem 75.00 0.0 5. Other (specify) 2. Field Supplies 15.00 O,C Sub Total: 0.0 SITE CLOSURE Professional Services 1. Coordination with Client, Contractor d MPCA 50.00 W. 2. Data Reduction/Evaluation 50.00 ox 3. Site Closure Report Preparation 50.00 01 4. Monitoring Well/Soil vent Abandonment 50.00 01 5. Treatment System Romoval/Supervislon 50.00 01 0. Other (specify) Expanses 1. Diagnostic Equipment HNU Meter 90.00 O.0 2. Field Supplies 15.00 O,C 3. Travel Mileage 0.35 0.1 Time 25.00 O.C. 4. Per Diem 75.00 01 5. Other (specify) Sub Total: . OX TOTAL: 4,585.0 Form A Consultant Qualifications & Costs: 1. What experience does the environmental consulting firm have working with storage tanks or remediating petrol releases in Minnesota? Provide types and sizes of projects and the number of years experience for each: We at Agassiz have a combined 18 years experience working with and in the petroleum field. We have worked on sites that have had 1 to 18 tanks to be removed. We have been responsible for emergency clean-up from single farms to large trucking firms. We have 10 years combined experience with pre site investigation (Phase 1). 2. Provide references from at least two individuals, firms or corporations who have worked with the consultant on projects of the same type and size as this project Including contact names and telephone numbers: Ron Welber ECSU (Schools Division) 812/255-3238 8111 Mendenhall Farmers Union OU Company 812/839.2523 Gary Anderson City of Monticello 812/295-2711 3. Provide a summary Ost of equipment the consulting firm has available to perform site investigation and remedial activities: H -Nu Meter, FID Meter, Explosion Meter, Well Stabilization Equipment Survey Equipment, Monitor Well Drill Rig 4. Insurance Information: General Liability: CNA Insurance Companies 2,000,000. 5114/94 to 5114/95 Worker's Compensation Insurance: CNA Insurance Companies 8115/94 to 8/15/95 Professional Liability Insurance: No 5. Describe the time frame within which the consulting firm will perform the scope of work: Estimated starling date: Estimated completion date of Soil Correction Action Plan: Estimated completion date of Comprehensive Corrective Action Plan: 8. Has the consulting firm's field personnel completed US EPA or OSHA required health d safety training and medical monitoring? Yes 7. State the education, experience and hourly rate of on-site and off-site personnel who will be assigned to this project, and attach o current fee schedule: NAME TITLE EDUCATION EXP. FIELD RATE William Storm, CHMM Project Manager Degreed 10 years R,L,C $50.00 John Landwehr Project Manager Accredited 7 years R,L,C $50.00 Quentin Lee, Jr. Field Director Degreed 21 years R,L,C $50.00 David Lee Asst. Project Manager Accredited 21 years R,C $45.00 Chuck Grossman Field Tech Accredited 1 year R,C $40.00 Kathy Jereczok Asst. Project Manager Accredited 7 years $45.00 • REGISTERED/LICENSED/CERTIFIED/ENGINEER OR GEOLOGIST? rcuuwuu r -p.— — ---- This is a proposal of unit costs by the consulling firm to the owner/applicant. It is not Intended as a substitute for a contract to perform a specific scope of work. When accepted by the owner/applicant by signing and dating, the fee schedule rates attached to this form will be effective for one year from the date of the effective date of the fee f schedule attached to this form. Thereafter, the fee schedule rates charged to the owner/applicant shall not Increase more that 5% annually over the fee schedule rates attached to this form. The consulting firth certifies that the information provided in this form Is true and correct to the best of Its knowledge and belief. 7 Authorized signature of the Consulting Firm: , .— Date: December 29, 1994 Th le: Director of Marketing Owner/applicant signature: Dale: (Signature Indicated that this consulting Orth has been selected by the owner/applicant) Forth A a PETROFUND BID FORM FOR CONTRACTORS SERVICES OWNER/APPLICANT INFORMATION FIRM NAME: ADDRESS: CLIENTS NAME: PHONE NUMBER: SITE ADDRESS: City of Monticello 250 East Broadway PO BOX 1147 Monticello MN 55362. John Simola 295-3170 Monticello Fire Hall CONTRACTOR INFORMATION FIRM NAME: Agassiz Environmental Systems ADDRESS: 5637 Brooklyn Blvd. Suite 103 Brooklyn Center, MN 55429 CONTACT NAME: John Landwehr PHONE NUMBER: (612)531-8255 SEE PAGE 6 FOR PETROFUND NOTICES Fonn B /SQ v PETROFUND BID FORM FOR CONTRACTORS SERVICES TANK REMOVAL SERVICES total 1. Coordination with MPCA (permits) $/Iv 40.00 unit estimated estimated 2. Preparation of excavation report $/hr 50.00 costs units total ' 1. Contact MPCA, fire marshall, and local 0.00 authority for tank removal permits, $/hr 0.00 • 2. Site Preparation, $/hr 0.00 -removal of obstacles above ground 0.00 -removal of obstacles below ground 0.00 3. Remove and dispose of surface $/sq. yr. 0.00 4. Excavate uncontaminated soil $/cu yd 0.00 • 5. Pump and dispose of material in tanks $/gal 0.00 • 6. Inerting tank $/gal 0.00 -Explosion monitoring $/tank 0.00 • 7. Provide crane or backhoe(specify) 0.00 • 8. Remove and dispose of piping lines $/hr 0.00 ' 9. Clean and dispose of tanks $/tank 0.00 • 10. Tank abandomnent $/tank 0.00 • 11. Fill for area left by removed tanks $/cu yd 0.00 12. Backfill of uncontaminated soil $ sq. yd 0.00 13. Restore site $/sq. yd 0.00 14. On-site personnel $/hr per ea.. 0.00 Sub Total: 0.00 SOIL CORRECTIVE ACTION SERVICES unit estimated estimated costs units total 1. Coordination with MPCA (permits) $/Iv 40.00 0.00 2. Preparation of excavation report $/hr 50.00 0.00 3. Soil Disposal application $/Itr 50.00 0.00 4. Excavation of contaminated soil $/cu yd 0.00 5. Load & haul contaminated soil $/cu yd 0.00 6. Fill to replace contaminated soil $/cu yd 0.00 7. Other (specify) 0.00 0.00 Sub Total: 0.00 • Notice to Tank Owner/Petrofund Applicant: Costs indicated by asterisk are tank removal costs which are not reimbursed by the Petrofund. See page 6. SEE PAGE 6 FOR PETROFUND NOTICES Fonn B I' (2i) PETROFUND BID FORM FOR CONTRACTORS SERVICES ,MpLE AND LABORATORY SERVICES unit estimated estimated costs Units total Sample Collection and Field Screening 50.00 0.00 ( $oil) $/hr 0.00 ''e Collection and Field Screening 50.00 0.00 :(wpatcr) $/lv0.00 ratory Services CRO/soil 60.00 10 600.00 Laboratory Services DRO/soil 75.00 10 750.00 Laboratory Services GRO/Water 60.00 10 600.00 :aboratory Services DRO/water 75.00 10 750.00 aboratory Services VOC/soil 150.00 0.00 .aboratory Services VOC/water 150.00 5 750.00 aboratory Services Lead/soil 30.00 10 300.00 Laboratory Services Lead/water 10.00 10 100.00 !aboratory Services Trip Blank/soil 10.00 1 10.00 aboratory Services Trip Blank/water 10.00 2 20.00 ti ,ratoryServices Dissloved Oxyge»lwate 10.00 5 50.00 aboratory Services COD/water 19.00 5 95.00 .aboratory Services Phosphorus/water 17.00 5 85.00 .aboratory Services Kjeldahl/water 9.00 5 45.00 .aboratory ServicesNitrate/Water 9.00 5 45.00 aboratory Services Nitrite/water 15.00 5 75.00 ample preparation $sample 10.00 20 200.00 ample liandling charge $/sample 10.00 20 200.00 abilazation equipment $/well 20.00 10 200.00 oilcrs/pwnps $/each 15.00 10 150.00 :Id technician $/Itr 40.00 1 40.00 ;rvel costs personnel $/hr 25.00 2 50.00 rvel costs vehicle $/mile 0.35 90 31.50 her (specify) 0.00 0.00 0.00 0.00 Sub Total: 5,146.50 SEE PAGE 6 FOR PETROFUND NOTICES Fonii R r�„ /s PETROFUND BID FORM FOR CONTRACTORS SERVICES L COMPREHENSIVE CORRECTIVE ACTION unit estimated estimated costs units total 1. Drilling services: -soil borings: $/flat fee to 10' 100.00 10 1,000.00 $/foot thereafter 10.00 80 800.00 stockpile of contaminated cuttings 35.00 1 35.00 -soil boring abandonment: thru soil only $/ft 1.50 105 157.50 thru soil/groundwater interface $/ft 3.00 0.00 -well installation: Without borings $/flat fee to 10' 180.00 0.00 Additional feet $!foot 18.00 0.00 Boring conversion $/flat fee to 10' 120.00 5 600.00 Additional feet $/foot 12.00 25 300.00 Sand packing & grouting $/per foot 5.00 75 375.00 6" protective post with cap/lock $/e 115.00 5 575.00 At grade cover with cap/lock $/ea. 85.00 0.00 4' X 4' concrete pad $/per well 60.00 0.00 Well development $/per well 60.00 5 300.00 -well abandonment: wells $/per foot 8.00 0.00 Protective post $/per well 25.00 0.00 -drilling obstructions: frost $/ft 5.00 0.00 concrete $/each 35.00 0.00 rock/othcr obstructions $/hour 115.00 0.00 stand by time $/liour 75.00 0.00 2. Mileage: travel cost drill rig $/mile 0.75 100 75.00 SEE PAGE 6 FOR PETROFUND NOTICES Form B 1'a CIS T PETROFUND DID FORM FOR CONTRACTORS SERVICES y travel cost support vehicle $/mile 0.35 100 35.00 travel cost persomiel $/Iw 25.00 4 100.00 3. Persoiutel: administrative $/hr 25.00 4 100.00 supervisory $/hr 50.00 3 150.00 SEE PAGE 6 FOR PETROFUND NOTICES Fomt D Pa8( PETROFUND BID FORM FOR CONTRACTORS SERVICES 4. Other charges: Utility locate ca1V►neets $/call 35.00 1 35.00 Monitor Well Permits $/permit 115.00 3 345.00 Well registration permits $/well 40.00 5 200.00 Well abandonment permits $/well 40.00 0.00 Decontamination of equipment $/da 100.00 1 100.00 Well stabilization $/well 20.00 0.00 Bailers/pumps $/each 15.00 0.00 0.00 Sub Total: 5,282.50 TOTAL: 10,429.00 "$4.00 per stop for sampling (1 for every 5' included in boring price) "$2.00 per foot for Split Spoon Sampling "$100.00 Private Utility Locate SEE PAGE 6 FOR PETROFUND NOTICES Form B e6 PETROFUND BID FORM FOR CONTRACTORS SERVICES CONTRACTOR INFORMATION I. What experiences does the contractor have working with storage tanks or remediating petroleum releases in Minnesota? See Profile 2. Provide references from at least two individuals, fins or corporations who have worked with the contractor on projects of the sane type and size as this projec Carlson Oil Company Martin Carlson (612) 748-7977 U.S. Army Kurt Brownell (608)3884789 3. Provide a summary list of equipment the contractor has available. Monitor Well Drill Rig, Pumper truck, Air compressor w/jack hammer HNU Meter, FID Meter, Oxygen Meter, Utility Locator & Monitor well pump 4. Insurance information: A. Does the contractor maintain general liability insurance? Yes CNA Insurance Companies 5/14/94-5/14/95 2,000.000. B. Does the contractor maintain worker's compensation insurance? Yes C. Does the contractor maintain professional liability insurance? No 5. Has the contractor completed US EPA or OSHA required health and safety traini and medical monitoring?. Yes 6. 'rank remover certification number: 277 7. If subcontractors are included in this bid, list each subcontractors name address, contact name and phone number and identify the service to be performed. Midwest Analytical Services, Matt Stokes (612) 689-2175 SEE PAGE 6 FOR PETROFUND NOTICES Form B�e7 /S W PETROI-IIND BID FORM FOR CONTRACTORS SERVICES NOTICES TO THE TANK OWNER/Petrofund APPLICANT; 1. The Petrofund reimbursement rules require you to obtain a bid from at least two contractors for each contractor service performed at your site. Contractor services include, but are not limited to, excavation, treatment of contaminated soil and grom►d water, soil borings, well installations, laboratory analysis, surveying, electrical, plumbing and equipment. 2. The Petrofmnd board will reimburse only costs it determines are reasonable. If you select a contractor whose unit costs are substantially in excess of the lowest bid, the Petrofu nd board may consider your costs unreasonable. 3. After the contractor you have selected performs the work, the Petrofimd board will also review the invoices for reasonableness. IT IS YOUR RESPONSIBILITY TO ASSURE THAT ONLY NECESSARY WORK IS PERFORMED. 4. 1f different contractors are needed for various services listed in this fonn, each contractor must complete a separate bid form. NOTICE TO TANK OWNERS/Petrofund APPLICANT REGARDING TANK REMOVAL SERVICES t. The Petrofund law prohibits reimbursement for costs associated with tank .emoval. However, if there is contaminated soil around a tank, the Petrofumd may reimburse for services which are necessary to reach contaminated soil around a tank, such as removal of concrete/asphalt and above ground obstacles over the contamination, excavation of uncontaminated soil to reach contamination, and site restoration over the area of contamination. 2. When you submit your application for reimbursement, it will be necessary for the excavation, backfill and site restoration invoices to clearly indicate which costs are I'or the area. over tanks with soil contamination surrounding them, and which costs are for the area over tanks with no soil contamination. This is a bid of unit costs by the contractor to the owner/applicant. The contractor certifies that the information provided in this form is true and correct to the best of its knowledge and belief. Signature of Contractor:/'rte ` Date: 12/29/94 Signature of Owner/Alrplicant: Date: SEL' PAGE 6 FOR PETROFUND NOTICES Fonn B City Council Agenda - 2/13/95 ie. CQnsidgration of uo=adina two micro -computer workstations. (J.O., C.S., K.D.) A. REFERENCE AND BACKGROUND: City Council is asked to consider purchasing 2 personal computers as provided in the 1995 data processing budget. It is proposed to purchase a larger, Pentium® computer and a 486DX2 computer similar to the newer computers used by other staff members. The Pentiym® comuuter would be used by the Assistant Administrator. City staff would like to begin implementing a Geographic Information System (GIS) within two years, which could allow tracking of all city property and linking each piece of property to base data that would be stored by the property identification number assigned to the property. In the future, this would aid City staff whcn working with public hearings, zoning issues, and comprehensive land use planning. There are many other potential uses of the data that could be stored in this type of system, such as planning for future improvements and extensions of city utilities. This computer could also have an optional CD-ROM unit added. This would allow the City to utilize some of the newer technology which provides information on disks rather than in book form. The City has already been receiving offers regarding government information that is available only on CD-ROM. This trend is likely to continue. The computer currently being used by the Assistant Administrator would go to the Receptionist and Utility Billing Clerk. There is a definite need to upgrade to the Windows environment which is being used on most other computers at city hall. Since the Receptionist does a lot of work under direction of the Office Manager, it makes sense to have them both using computers with the same operating systems. Also, it is planned to utilize Lotus spreadsheet for Windows for both administrative and utility billing purposes. The computer currently being used by the Receptionist does not have the capability for us to install Windows or to work with large spreadsheets. The 486DX2 computer would replace the 386 computer used by the Computer Support Analyst. Greater speed and more disk storage area are needed for the programs that the Computer Support Analyst operates, Many times multiple programs are in use at one time, and the current computer does not have the speed to run efficiently. At times, the computer slows down because of the various programs loaded previously (such as the Paradox custom recycling program), and it becomes necessary to restart the computer to continue working. 22 City Council Agenda - 2/13/95 The computer currently being used by the Computer Support Analyst would go to the Public Works Secretary. This would enable her to operate in the Windows environment, which would be mainly for word processing. There may be other programs used, but not to the extent that it would cause intensive slowdowns at the present time. The computer used by the Public Works Secretary will go to the Water Department Supervisor. In the past he has used one of the old Wang computers to maintain water department records. However, the Wang computer became unusable last year, and he has been waiting to get a replacement computer to restore his previous work and begin entering all the accumulated data. B. ALTERNATIVE ACTIONS: Approve the purchase of a new Pentium® personal computer at the cost of approximately $3,000 plus tax with a CD-ROM unit at the cost of $250 plus tax. Also, approve the purchase of a new 486DX2 personal computer at the cost of approximately $1,900 plus tax. (There is $5,000 budgeted specifically for personal computers plus $4,375 for other capital outlay for data processing.) This option should be selected if City Council agrees that the City should update their computer hardware. As a modification of this alternative, Council could purchase two 486DX2 machines and wait to buy a Pentium computer until implementation of GIS is iminent. This option would save the City about $1,400 in the short run and delay the purchase of the larger, faster computer to coincide with the need for speed and extra capacity. Given the rate of technological advances it may make sense to wait on the Pentium and buy two 486DX computers. Deny the purchase of any new computers. This option should be selected if City Council finds that they do not feel it is necessary to purchase updated computer hardware at this time. C. STAFF RECOMMENDATION: City staff recommends alternative #1 to purchase 2 now computers for the City. It is felt that the direction the City has taken regarding computer technology has been ef1fective and efficient. Upgrading to the Windows operating system has proven to be a good decision, as the trend in computer software often requires that type of a system. City staff foals that this would allow us to continue in this same direction and keep up with changes in technology. P'rioe quotes from vendors. 23 DESCRIPTION Pentium 90mhz System: 16MB memory 730MB (appr) hard drive 101 key enhanced keyboard Colorado DJ -20 Jumbo 250MB internal tape drive Microsoft serial mouse v2.0a 1.44MB 3.6" floppy drive faxtmodem 16" CTX (or similar) monitor MS-DOS v6.22 Windows for Workgroups v3.11 486DX2 66mhz System: 8MB memory 500MB (appr) hard drive 101 key enhanced keyboard Colorado DJ -20 Jumbo 250MB internal tape drive Microsoft serial mouse v2.0a 1.44MB 3.6" floppy drive 1.2MB 6.26" floppy drive 16" CTX (or similar) monitor MS-DOS v6.22 Windows for Workgroups Q.11 CD-ROM quad speed PC EXPRESS COMPUTER PC PARTS SOLUTIONS 3040.00 3346.00 3049.00 tz 197.60 t: 217.43 tz 198.19 COMPUTER SMITH 1 OFFICE 3229.00 4376.00 t: 209.89 tz 284.38 1876.00 1940.00 1899.00 1896.00 2299.00 tz 121.88 t: 126.10 tz 123.44 t; 123.24 tz 149.44 260.00 366.00 319.00 416.00 669.00 t: 16.26 tx 23.73 t: 20.74 tz 26.98 tx 36.99 Council Agenda - 2113195 ». Consideration of &denting a resolulton annroving plans and paeciflcations and ordering advertisement for bids on Eastwood Knoll imorovements - Protect 94.02C. (R.WJ A. REFERENCE AND BACKGROUND: At the January 9 meeting, OSM was authorized to prepare plans and specifications for the sewer, water, storm sewer, and streets for the Eastwood Knoll residential subdivision. This property is the former Outlets C & D of Meadow Oak Estates that the City has turned into a 30 - lot residential subdivision for, hopefully, higher -valued homes. With the plans and specifications now complete, City Council is being asked to continue on with the project by approving the plans and specifications and ordering advertisement for bids to be returnable March 10, 1995. It is anticipated that the Council would then consider reviewing the bids at the March 13 Council meeting for consideration of awarding a contract for the improvements. In a related item, I have been recently notified by the Wright County Auditor's Office that they are now processing the tax forfeited parcels in the Meadow Oak Estates subdivision, which includes the lots the City needs to extend the road within Eastwood Knoll to Meadow Oak Avenue. The County Auditor's Office was aware that the City needed to acquire these properties for the right-of-way extension as soon as possible, and we should be able to obtain the necessary lots by early April in plenty of time before construction would commence. Assuming the Council continues with this project and authorizes advertisement for bids, we will then be able to come up with a better idea of the pricing that will be necessary to recapture our investment in this property along with the improvement coat. A marketing approach will have to be agreed upon, which I assume will include establishing a price for each of the lots and listing of the properties with local real estate agents. Adopt the resolution approving plans and specifications as prepared by OSM and order advertisement for bids returnable March 10, 1995. Under this alternative, the Council is in agreement with continuing this project for early spring construction, assuming the bids come within budget. So 24 Council Agenda - 7113/95 Do not adopt the resolution at this time. Under this alternative, the proposed improvements could be delayed until a later time or until a private developer can be found to purchase the subdivision. As Pm sure you are aware, we have not had much luck in attempting to sell the entire unplatted property to a single developer, and that is why we are proceeding with platting and improving the property ourselves. C. STAFF RECOMMENDATION: If the Council is still in agreement with proceeding with this development, it is recommended that the resolution be adopted authorizing advertisement for bids. Hopefully the timing will be early enough to obtain good bids on the project allowing for an early start this spring on construction. Once the improvement costs are known, we will be in a better position to establish pries for the lots and can then determine a marketing strategy. D. SUPPORTING DATA: Copy of resolution. Plans and specifications will be available Monday evening from OSM. 25 RESOLUTION 98. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS ON EASTWOOD KNOLL IMPROVEMENTS WHEREAS, pursuant to a resolution passed by the Council on January 9, 1995, the City Engineer has prepared plans and specifications for the improvement of Eastwood Knoll subdivision with sanitary sewer, water main, storm sewer, bituminous streets, and appurtenant work and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction L3ulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for at least 21 days, shall specify the work to be done, shall state that bids will be received by the Clerk until 10 a.m. on March 10, 1995, at which time they will be publicly opened in the council chambers of the city hall by the City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7 p.m. on March 13, 1995, in the council chambers of the city hall. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and Sled with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for 5% of the amount of such bid. Adopted this 13th day of February, 1995. Mayor City Administrator Council Agenda - 2/13!95 18. Consideration of anoroving agreement of understanding with Wright Countv concerning Citv acauisition of tax forfeited Gille Auto nrooerty. (R.W.) A. REFERENCE AND BACKGROUND: The City recently received notification from the MPGA that our efforts to clean up the Gille Auto property site has been successful, and they have agreed that we have addressed all contamination on the property that we are aware of and the site is now considered clean. As some of you may recall, the Wright County Board, in September 1993, agreed to turn over ownership of the tax forfeited Gille Auto parcel to the City because of the work we were doing to expedite the clean up. At the recommendation of the Attorney General's office and our City Attorney, we hesitated to accept the state deed at that time until the clean up had proceeded and the underground fuel tanks were removed. The delay was to avoid potential liability for being the owner of the property with the fuel tanks still in the ground. As part of the Wright County Board's action, the City of Monticello would obtain ownership to the property and be allowed to recover from a potential sale all of the cost we had incurred in the property for the clean-up. If there were any funds available above our cost for the clean-up, the County would then receive up to approximately $12,000 to cover the back real estate taxes. Likewise, if there were any additional funds remaining from the sale, they would then revert to the City of Monticello. At this point in time, the City has approximately $30,040 invested in the Gille property for clean-up efforts. It is unknown at this time whether any of these funds will be reimbursable through the Petro Board, as the site contained very little contaminated soil, and it may be hard to establish that a leak had occurred at this site. Without a leak occurring, the Petro Board may not reimburse any of our costs. As far as the taxes are concerned, there is approximately $11,291 in back taxes, excluding penalties and interest, that aro owing in addition to our $30,000 expense. The County has also spent approximately $758 for their security and clean-up efforts. As a result, if everyone is going to recapture their cost for clean-up, back taxes, and other miscellaneous charges, we would need proceeds over $42,000 from the future sale of this property. Before the County actually obtains a deed from the Department of Revenue for the City, they would like the Council to approve a Memorandum of Understanding concerning how the proceeds will be divided in the future when, and if, the City sells the Gille property to a private party. The agreement has 26 Council Agenda - V13l95 been prepared by Brian Asleson, Assistant County Attorney, based on the County Board's previous actions. I have reviewed the Memorandum of Understanding and agree to the proposed allocation of future proceeds in that the City will be first in line to recapture our $30,000 expenses, and then the County would be next for collecting up to $12,000 for taxes and miscellaneous cost if we sell the property for that amount. Any proceeds obtained above $42,000 would then remain with the City as our payment for handling this process. In the unlikely event that the proceeds of the sale do not even cover our $30,000 expenditure, the County has agreed to pick up half of the cost not covered by the sale. Assuming the City Council is still in agreement with obtaining the deed for this property, Council may want to discuss what method you would like to use for selling the property to a private party. While it is estimated that it could take three to four weeks to receive the deed frum the Department of Revenue, it should also be noted that it could take up to six months or longer for a quiet title action that will need to be done to obtain clear title to the property. While the City could sell the property with a quit claim deed, an eventual buyer will want a warranty deed or I assume will offer much less than what the property might be worth if we can only provide a quit claim deed. Since this process could take six months or longer according to our City Attorney, the Council could market the property in a number of ways, including having it listed with local real estate agents, request sealed bids for the property, or you may want to look at a request for proposals, requesting how a developer might want to develop this property before selling it to them. This would he similar to what we did with Outlot A in Country Club Manor in which we have tentatively agreed to market the property to Mr. Hornig for apartments. While a decision does not to have to be made at the Monday night meeting, if the Council has a preference on how they would like to see this property developed or sold, the staff could use some direction to begin attempts to get the property back on the tax rolls as soon as possible. Approve the Memorandum of Understanding between Wright County and the City of Monticello concerning the City's acquisition of the Gille Auto property site and the distribution of fiords from a sale. Under this option, the Council is comfortable with proceeding with obtaining ownership and the agreement mainly outlines for both parties how the finds will be distributed after we sell the property. Council could request that the agreement be amended in some fashion. 27 Council Agenda - 2113/95 C. STAFF RECOMMENDATION: Based on previous Council action, I am assuming the City wants to continue with the idea of obtaining ownership and marketing the property ourselves. The Memorandum of Understanding prepared by the County is in accordance with our understanding of how proceeds were to be distributed when a sale did occur. It is my recommendation that the Council approve the Memorandum of Understanding as presented and request that the deed be obtained from the State. If the Council does have a suggestion on how you would like to market this property, we could discuss it at the meeting or it could be considered at a separate Council meeting in the future. D. SUPPORTING DAT& - Copy of proposed Memorandum of Understanding; Letter from the MPGA concerning site closure. t SA c�c 28 Minnesota Pollution Control Agency 4-ft- za. January 4, 1995 Mr. Rick wolfeteller City Administrator 250 East Broadway P.O. Box 1147 Monticello, Minnesota 55362-9245 RE: Petroleum Tank Release Site File Closure Site: Former Oillie Auto Property, Monticallo Site ID#: LEAKO0006549 Dear Mr. wolfeteller: we are pleased to let you know that the Minnesota Pollution Control Agency (MPCA) Tanka and Spills Section (TLS) staff has determined that your investi- gation and/or cleanup has adequately addressed the petroleum tank release at the site listed above. Sawed on the information provided, the TiS staff has closed the release cite file. Closure of the file means that the TiS staff does not require any additional investigation and/or cleanup work at this time or in the foreseeable future. Please be aware that file cloouro does not nececoarily moan that all petroleum contamination hoc been removed from this site. However, the US staff has concluded that any remaining contamination, if present, does not appear to pace a threat to public health or the environment. The MPCA reserves the right to reopen thio file and to require additional investigation and/or cleanup work if now information or changing regulatory requirements make additional work necessary. If you or other parties discover additional contamination (either petroleum or nonpetroleum) that was not previously reported to the MPCA, Minnesota law requires that the MPCA be immediately notified. You should understand that this letter does not release any party from liability for the petroleum contamination under Minn. Otat. ch. 115C (1992) or any other applicable state or federal law. In addition, this letter does not release any party from liability for nonpotrolcum contamination, it present, under Minn. Stat. ch. 1158 (1992), the Minnesota Superfund Law. If future development of thio property or the surrounding area is planned, it ohould be ascumed that petroleum contamination may still be present. If 1 petroleum contamination is encountered during future development work, the MPGA staff should be notified immediately. 520 Lafayette Rd. N.: S1. PaW. MN 5515"194:(612) 296.6300 (rate): (612) 2924=1 TM Repbnal offices: Dututh • Brainerd • DsvW Lakes • Manha0 • Rotheater Fcual ODOartu^4)' Enpbyer • PrYeae on raeyH40 OaDar 0 q Wq t04 fil»n hem paps Cl' eY tbreu+nan. /8A Mr. Rick Wolfsteller Page 2 January 4, 1995 To make arrangements to review a file for specific information regarding petroleum contamination that may remain at this leak site, please call the TLS File Request Program at 612/297-8499. The -Leak/Spill and underground storage Tank File Request Form' (TiS Fact Sheet 616) must be completed prior to arranging a time for file review. Thank you for your response to this petroleum tank release and for your cooperation with the MPCA to protect public health and the environment. If you have any Questions regarding this letter, please call me at 612/297-8594. Sincerely, esoic(�a 8be z Project Manager Cleanup unit II Tanks and Spills Section JH:omm cc: Jerry Wein, Monticello Fire Chief Chuck Davie, Wright County Solid Waste Officer Stan Halinooki, MPCA, Brainerd Regional Office William Cole Stem, Agaooiz Hnvironmental Systeme, Inc. v A Z 943 y� sees Wyman A. Nelson Canty AU.—y Thomas N. Keuy Chief- Crim,.. Dh isis Brian J. Asleson Chid - Gait D ­ February 5, 1995 WRIGHT COUNTY Office of County Attorney Wright County Government Center 10 2nd Street N. W., Room 150 Buffalo, Minnesota 55313.1189 Phone: (612) 682.7340 Toll Free: 1.804362.3667 Fax: (612) 682-6178 Mr. Rick Wolfsteller City Administrator City of Monticello 250 East Broadway, P.O. Box 1147 Monticello, MN 55362-9245 Re: Former Gills Auto Sales Property Dear Rick: Assistants A— L dbhaayt rh a C. ttiv rem dein. Sma X Ssldbers AsslohnWe Coordinator Enclosed you will find a propoaod Memorandum of Understanding between Wright County and the City of Monticello regarding the above-mentioned property. Your letter of January 9, 1995 was considered by the County Board in January, and this office was directed to prepare a Memorandum of Understanding for both parties to sign. As I explained to you over the phone, it was felt that the Memorandum of Understanding would be useful since it may be some period of time before any proceeds of sale are received for this property, and it may be some period of time before the City receives any reimbursement for the clean up of the property. Please let me know if you have questions or concerns regarding thin. Also let me know if you have suggested changes, since I could quickly make them prior to your next council meeting. I look forward to hearing from you on this. vetruly yours, Or n J. le n Assistant t County Attorney BJA/med Enclosure cc: Darla Groshens, County Auditor w/enclosure MEMORANDUM OF UNDERSTANDING &MEEK COUNTY OF WRIGHT AND CITY OF MONTICELLO WHEREAS, the site of the former Gille Auto Sales, Parcels No. 155-500-033400 and 155-500-033402, hereinafter referred to as the Gills site, has been forfeited to the State of Minnesota for delinquent taxes; and WHEREAS, the outstanding taxes, excluding penalties and interest, at the time of the forfeiture, totalled $11,290.91; and WSESEAS, at the request of the City of Monticello, the Gills site was removed from the County Auditor's tax forfeited land sales list; and WHEREAS, the City of Monticello has incurred significant costs in cleaning up the Gills site, including the removal of underground fuel tanks; and WHEREAS, the City of Monticello now wishes to acquire the Gills site for economic development purposes, including possible sale to a private party, pursuant to Minnesota Statutes, Chapter 469; and WHEREAS, the Wright County Hoard of Commissioners, on September 28, 1993, approved of this clean up and acquisition, in concept, but the need to clarify certain details still exists; NOW, THEREFORE, the County of Wright and the City of Monticello agree as follows: 1. That the Gills site is to be conveyed to the City of Monticello, as per Minnesota Statutes Section 282.01, Subd. 1, contingent upon the appropriate application for conveyance being completed and upon the approval of the State Deed by the Department of Revenue. 2. That the basic sale price for the Gills site is to be waived, with the understanding that the City of Monticello may develop the property or reconvey the property to a private party pursuant to Minnesota Statutes, Chapter 469. 3. That any fees for the State Deed and any other miscellaneous costs related to the acquisition shall be paid by the City of Monticello. 4. That upon sale of the property by the City of Monticello to a private party, any proceeds of sale shall be applied as follows, in the priority listed: A. The City of Monticello may recover any unreimbursed costs of clean up, as listed on the attached "Schedule A". B. The County of Wright may recover security and clean up costs totalling $758.21. C. The City of Monticello will contribute towards the outstanding taxes at the time of forfeiture, totalling $11,290.91, excluding penalties and interest. Further, that any amounts paid by the City under this paragraph will be distributed to the taxing districts in the proportions required by statute. D. The City of Monticello may retain any funds in excess of those needed to satisfy the requirements of the above three paragraphs.. 5. That in the event that any proceeds of sale are insufficent to cover the unreimbursed costs of clean up, as detailed in paragraph 4A above, the County of Wright shall reimburse the City of Monticello one half of those remaining costs. a. That the parties to this Memorandum of Understanding may make such modifications and amendments as v111 properly carry out the spirit of this agreement. Such modifications and amendments shall be in writing. Dated: , 1995- COUNTY OF WRIGHT By Chairperson, County Board By County Coordinator Dated: , 1995 CITY OF MONTICELLO BP r BY I. II. "Schedule A" PROJECT COST SUMMARY AS OF 10/94 GILLE AUTO PROPERTY CHARGES PAST COSTS A. Mowing $1,851.16 B. Environmental Cleanup $6,851.80 C. Braun Intertec Engineering Fees $660.00 D. Cleanup charges (RufrAuto) $1,500.00 E. Misc. penalty & interest & sales tax $726.10 SECTION TOTAL $11,589.06 RECENT ADDITIONAL COSTS A. Demolition and stockpile contaminated soil (Veit) $6,260.50 B. Well abandonment (Renner) $379.00 C. Technical assistance (Agassiz Environmental) $336.00 D. Advertisements $122.48 E. Legal fees (Paul Weingarden) $187.50 SECTION TOTAL $7,087.98 SUBTOTAL $18,677.04 TANK REMOVAUCLEANUP COSTS A. Fuel tank removal & contaminated soil excavation $8,947.00 (Schluender) B. Agassiz • Final report/cleanup review $2.415.90 GRAND TOTAL TO DATE $30,039.94 C Council Agenda - 2/13/95 19. Consideration of adored" a formal position on Vonco Demolition Landfill expansion or000sal - Bia Lake Townshio. (R.WJ REFERENCE AND BACKGROUND: As you are aware, the Voneo Demolition Landfill located across the river in Big Lake Township has applied to the PCA for an extension of their permit to operate their landfill and also a modification to basically double the size of the facility. The PCA recently held (February 7) a public informational meeting at the Big Lake High School, which allowed local citizens the opportunity to provide input regarding the permit request. I had attended that meeting to see what type of comments were being made by the citizens. The PCA also has extended to February 14, 1995, at 5 p.m., the deadline for accepting any additional written ciIDuleiAts regarding this permit expansion. When this topic was first discussed in early January, the City staff provided written comments to the PCA basically indicating our concern with heavy truck traffic using County Road 75 (Broadway), along with the general concern we had with the visual impact this development may have on the scenic Mississippi River. A copy of that letter is enclosed with the agenda for your reference. Many comments made at the public informational meeting were related to the facility's close proximity to residential development (Sleepy Hollow) and concerns over possible ground water contamination with all of the residential homes having individual wells. While concerns also were noted on the visual impact with the surrounding neighborhood, the PCA generally indicated that the permit application apparently meets all state Hiles and regulations regarding demolition landfills, and the permit would probably be recommended for approval. The question probably still to be decided by both Big Lake Township and Sherburne County is whether or not they have to grant permission for an expansion, but that remains to be seen whether they can legally deny Mr. Veit his request. The purpose of this agenda item is simply to find out whether the City Council wishes to make any additional formal comments to the PCA regarding this landfill permit expansion. As I noted, we have already noted our concern with truck traffic that the ihcility is causing in Monticello and also our concerns over the visual impact this facility might have on the scenic river. If the Council would like any additional comments to be presented or would like to present a formal resolution, we must do so by Tuesday evening at 6 p.m. While there are certainly other concarns expressed by Big Lake Township and Sherburne County residents such as 29 Council Agenda - 2113196 concerns over possible ground water contamination and the impact on domestic wells in the area, along with concerns over storm water run-off from the site to other parcels surrounding the landfill, many of these concerns are hard for the City of Monticello to raise since they do not directly affect the City of Monticello. The logical ones have already been expressed in our staff letter to the PCA concerning the visual impact the facility would have on city residents and from the river, along with our specific concerns on truck traffic using County Road 76 instead of a state highway. L.—,4LTERNATIVE ACTIONS: Council could adopt a resolution or request that additional comments be mailed W the FCA prior to the 6 p.m. deadline, Tuesday, February 14. Council could determine that appropriate comments were already forwarded to the PCA and additional comments are not necessary at this time. C. STAFF RECOMMENDATION: From my viewpoint, I believe the appropriate comments have already been made to the PCA that am legitimate concerns of the City of Monticello concerning this landfill permit expansion. The obvious visual impact and concern over any impact it may have on the Mississippi River along with our concerns over truck traffic using County Road 76 seem to be the appropriate comments. If the Council would like additional concerns to be noted, staff is certainly willing to do so by the deadline. Copy of letter to PCA. 30 250 Eau Broadway P. O. Box 1147 Monticello, MN 55362.9245 Phone: (612) 295-2711 Morro: (612) 333-5739 Fax: (612) 295-4404 ShcL'y Burman Minnesota Pollution Control Agency Ground Water and Solid Waste Division 520 Lafayette Road St. Paul, Minnesota 55155-4194 Dear Shelly, January 4, 1995 This letter is written to provide comments from the City of Monticello an the draft permit action to reissue a permit to allow operation of a solid waste management facility. Following are City comments following the format outlined in the public notice. The solid waste facility is located within a quarter mile of the northern boundary of the City of Monticello. The presence of the debris pile will impact the view of the Mississippi River area Noise generated by the facility is within earshot of a quiet residential area. Heavy truck traffic from the site commonly uses CSAR 75 as a shortcut to and from I-94. The shortcut route brings heavy trucks through a sensitive residential area, which negatively impacts the enjoyment of the area for residential uses. In addition, the turning movements at the intersection of the shortcut (CSAH 75) and Highway 25 are difficult for large trucks. Accidents and traffic delays impacting local and regional traffic is a common result. The development of the debris pile at the proposed location and height, is inconsistent with the spirit of the wild and scenic waterway regulations and inconsistent with the goal of long term protection the Great River Road corridor. Therefore, the City of Monticello requests that the elevation of the debris pile be established at a level that will not negatively impact the view of the Mississippi River and adjoining native environment. Shelly Burman January 4, 1994 Page 2 To avoid obtrusive noise, heavy equipment activity should be limited to daylight hours only with no activity on the weekend. The permit should stipulate that track traffic using I-94 should be required to use the Highway 25 fi-eeway access and prohibited from using CSAR 75 (Broadway) access. This requirement would eliminate turning movement problems for trucks turning right off CSAH 75 and on to State Highway 25. It would also benefit Wright County and the City by removing a portion of the heavy truck traffic that uses CSAH 75 as a shortcut through a sensitive residential area. Sincerely, MY OF MONTIrELLO e D &-ZO Jeff ONeill Assistant City Administrator JOS Council Agenda - 2/13/95 zo. Consideration of imurovgments Lo the intersection of CSAH 75 and TH 28 to reduce turning conflicts. (J.S.) A. REFERENCE AND BACKGROUND: In the fall of last year, Councilmember Shirley Anderson requested that staff contact Wright County and the Minnesota Department of Transportation to look at the possibility of improving the intersection of CSAH 76 and TH 25 with the possibility of adding left turn lanes on CSAH 75. I spoke with Dave Montebello at the Wright County Highway Department about this intersection, as well as improvements to railroad crossings at CSAR 39/Elm Street and Walnut Street. Dave Montebello, who is the Assistant Wright County Highway Engineer, responded on October 31, 1994. He indicated that he would be working with Tony Kempenich, the MN/DOT Traffic Engineer, and they would have some information for us by the middle of January. I received the County and MN/DOT's response regarding the intersection from Dave Montebello on January 30, 1995. For your information, Dave Montebello will no longer be the Assistant Wright County Engineer after the 16th of February. By referring to Dave's letter, which is enclosed for your review, one can see that the County and State did a study in early December of the intersection and reviewed accidents for the years 1989 through 1993 at that intersection to look at what possible conflicts exist and what could be done about them. The report shows ten separate options for reducing the conflicts. One of the options is the existing condition, which really does not reduce any conflicts. To sum up the report, three of the alternatives involve putting in left turn lanes on CSAH 75, which would mean the removal of the streetscape nodes one block either aide of TH 25 and the removal of parking in that same area. Although this represents the beat alternative for moving traffic through the intersection, it is unlikely that it would gain significant community support, at least at this time. Consequently, some of the other alternatives involving light phasing changes and/or timing may improve the situation for the near future; but a long-range solution will have to be looked at to be ready for the time when the operation of the intersection degrades to a level that is intolerable in the community. One bright spot on the horizon may be the addition of another bridge across the Mississippi River. It is possible within the next eight to ten years that a bridge may be proposed sono place between the City of Elk River and St. Cloud to take some of the pressures off Monticello and Clearwater. The first alternative would be to accept the report and, upon review, instruct staff to work with MN/DOT and the County on the timing and phasing of the existing lights and/or additional lights to make improvements where we can to the flow of traffic through the intersection, especially the left turns from CSAH 78. Council Agenda - 2113/95 The second alternative would be to select one of the other options and ask MN/DOT to begin pursuing that option. The third alternative would be to do nothing. C. STAFF RECOMMENDATION: It is the recommendation of the Public Works Director that the City Council work with MN/DOT and the County in attempts to improve the existing signal system or add lights and improve the timing in the interim as outlined in alternative #1. D. SUPPORTING DATA: Copy of the October 31, 1994, letter from Dave Montebello; Copy of the January 30, 1995, report from Wright County and MN/DOT. 32 JNTv O,e � 2 4y 7850 October 31, 1994 WRIGHT COUNTY DEPARTMENT OF HIGHWAYS Wright County Public Works Building 1901 1fighmny 25 North Buffalo, Minnesota 55313 Jct. T.N. 25 and CR. 138 Telephone (612)682.7383 Facsimile (612) 682.7313 John Simola Public Works Director City of Monticello 250 East Broadway, Box 1147 Monticello, Mn. 55362 Re: CSAH 39 Rail Crossing Surface Improvement Operational Problems - CSAH 75/TH 25 Signal Comments on Small Area Problems Study WAYNE A FINGAL90N. RE Hi{6.ar FAg t e. 692.7388 DAVID K MONTEBELL0. P.E. Aadsteat Hight ay Eati.- 6827387 RICHARD E. MARQUE -M Right at War ACmt 8857388 Dear John, The purpose of this letter is to address the above referenced issues which we briefly discussed by phone today. CSAH 39 Rall Grade Cro ins Sarface Improvement: As we discussed by phone the County has $8000.00 in our 1995 budget for this surface improvement. We have not had time to address this issue with the Burlington Northern Railroad. In the past the County has paid for the surface materials and done arty of the bituminous restoration work. The railroad comparry has supplied all of the equipment and manpower to do the installation at their expense. As 1 indicated to you in our phone conversation this seems to have streamlined the process - less paperwork and quicker response times. As I indicated to you the County Would be willing to let the City coordinate this work and pay for the materials since the City would is looking at doing a similar project on one of the local City streets. Please let me know when you want to formalize this as we should probably have a letter of understanding prior to proceeding with this work. CSAH 75 Left -Turn Prablem nt TH 2i Slannl: We briefly discussed the problem by phone and I did contact Torry Kempenieh, Mn/DOT Traffic Engineer to get his thoughts on this as well. A formal study would have to be done to determine what channeliration could be done to create separate left turn bays for the CSAH 75 traffic. This would involve looking at turning specific turning movement data, physical site configurations such as street widths, intersection locations, and parking areas to determine what Impacts there would be to the area to develop protected left turn areas. In my discussions with Tony Kempenich he indicated that changes to the signal phasing alone would not be a good d Equal Opporhwity / Affin�atim Action Employer ZO /' idea due to the additional delays it would cause to all of the traffic at this intersection. I know you requested a specific time frame for some preliminary answers on this issue. I would hope that by the middle of January we would be able to address this in detail and present some options for your consideration and discussion. FSI...a'. _ ice M air_: You indicated that the City's comments on the draft small area problems study for the TH 25 corridor were that the reap was difficult to read and that the corresponding written documentation needed to be more descriptive. As 1 indicated to you in our phone conversation the area involved is quite large and the maps had to be scaled down to fit into the report. We will attempt to address your concerns through better labeling and descriptive text. In addition, we will attempt to provide a full scale photo or drawing to you for any public meeting. 1 hope this has addressed your concerns adequately. If you have any further comments or concerns please contact me. Sirtce y, � it&vl� Dave Montebello, P.E. Assistant County Engineer PC: Wayne Fingalson, County Engineer Pat Sawatzke, County Commissioner Fermi Robinson, SRF Inc. File OJNTY OQ WRIGHT COUNTY iZDEPARTMENT OF HIGHWAYS lr 111 Wright County Public Works Building 6 r7� 1901 Highway 25 North Buffalo, Minnesota 55313 7680 Jet. TK. 25 and C.R 138 Telephone (612)682.7383 Facsimile (612) 682.7313 January 30, 1995 John Simola Public Works Director 250 East Broadway, Box 1147 Monticello, Mn. 55362 Re: CSAH 75fTH 25 latersectiun - Turning Conflicts Request for left -turn lanes CSAH 75 Dear John. WAYNE A. FtNGA180N, P.E. High -7 Enalorr 6827388 DAVID R MOMEEI10. P.E. Aniawt Hiahway Envi 6627387 RICHARD E. KARQUEM Right of Wey Aamt 6827386 lbu had mentioned some operatioiml concerts with respect to the CSAH 75 and TH 25 intersection in the City of Monticello. We have looked into this issue and the following letter summarizes the issue and some potential solutions. Based on these discussions with you it is my understanding that problems occur during peak traffic periods when traffic on CSAH 75 is prevented from making a left tum due to conflicting through traffic movements. Since there is no separate left tum lane, this results In a back-up of traffic on CSAH 75 and requires other through traffic to divert to the right hand through lane. Left turners must sit and wait till the through traffic clean prior to being able to make the tum. Since our initial discussion, we have completed a peak hour turning movement count, reviewed accident data for the years 1989.93, and also worked with MNDOT to review alternate intersection configurations. Accident statistics show that there were 59 accidents in or tree this intersection in the past five-yean. Of these 59 accidents 27% were left turn accidents. 25% we, right angle accidents, and 22% were rear end accidents. While 39 accidents over five years is not an extreme number considering the level of traffic that passes through the intersection, it does Indicate that the main problems at this intersection are with the conflicts between left turning and through vehicles or vehicles that aro sitting in traffic and not able to advance through the intersection. One positive aspect to the accident data was that 83% of them accidents were property damage accidents not injury type accidents. Another problem with the intersection Is the turning ndi. The rads am insufficient to allow for proper turning of lunger vehicles. larger vehicles tend to either tum from the through lanes or will spill over into on coming lanes. This reduces the capacity and safety of the intersection. It Is our reeling that If one Is to Improve the Intersection the Improvement should try and address the left turn problem, and rodl problem. In addition, the late -ruction improvement should not sacrifice capacity to address these needs as this area will continue to grow. We looked at trn(10) options for reducing the conflicts with CSAH 75 left -turners and attaining the above goals. The traffic division of MWDOT St. Cloud and Brainerd assisted us by running the peak hour traffic counts through an optimization prognm.(See Geometric Phasing Summary For TH 25/CSAH 75) Option one is the existing condition. Options 2.5 would add a protwive left turn Feud Opportunity / Affinutim Action Ehiptoytr /� /s lane with slightly different signal operations for each option. Option 6 and 7 would have existing geometria, but would change the signal operation to have eastbound 75 and westbound 75 operate at different times(split phase). Options 8-10 looted at three lane concept for CSAR 75 eastbound and westbound. Ibis would require narrowing traffic to single lane prior to entering left and right turalanes at the intersection. Upon reviewing each of the options we made some general comments concerning how we felt these options would address the existing operational problems and to what extent that they would mate the intersection operate better. Anahsls; Options 6 R 7 would improve safety to for the left tureen, but would nearly double the overall tragic delay to the intersection. This option would require tittle or no capital improvements as the changes could be made to the existing signal. Mn/DOT does not support this type of signal phasing as it Is very inefficient. Since the intersection delay/vehicle would be increased by 30% to 20.3 seconds/vehicle these options were not considered to be an improvement to traffic Bow. Options 8-10 were considered with respect to the goals and were rejected due to the fact that they did not consider long term traffic growth and they would increase the overall Intersection delay. Trac on CSAH 75 will increase as the area continues to grow. This is a concern when options for reducing the number of through Ives are considered. The three lana concept would reduce some of the Impacts to parting for CSAH 73 on the southeast and northwest sides of the intersection. However, theft would be significant impacts to CSAH 75 traffic How on the approaches to the Intersection due to lane drop and tum lane transition areas. It is our feeling that this is not the proper course to follow and that the existing condition Is better than this alternative. Options 2.3 would Improve safety and traffic flow by adding left turn lases to the CSAH 75 approaches. The problem with adding left tum lanes would be the impact on the parting and turning radi. However, this option would provide the necessary capacity and w&ry for motorists and would allow for future traffic growth. The operation of the signal would likely be changed to provide protected-permlssive left turn movements. This would ftdace the overall Intersection delay from 13.3 seconds per vehicle to 12.2 seconds per vehicle. If one of the optiom(2.5) Is considered further the following issues would have to addressed in much more detail. 1. Removal of on street parking on the Bre block either side of the intersection. 2. Removal of the street-scape nodes In the first block either side of the Intersection. 3. Reconstruction of the four -foot median to accommodate left turn lanes. 4. Modification of signal to provide additional signal heads Por left turning movements. S. Reconstruction of turning rads R movement of signal poles. Especially the NB TH 23 to eastbound CSAH 73 movement, Ibis turning movement would (9D become much tighter due to shift in median to south. Them is currently 58 vehicles that make this right turn in the peak hour. 6. Review of roadway cmwas and drainage due to modification in median and lane configurations. Summary: If the goal is to improve the overall operation of the intersection it Is our feeling that options 2-5 represent the but alternatives. However, these alternatives do come with a high price and some significant impacts. While the existing situation may not be desirable, it may not be bad enough(existing level of service B) to gain the community support that would be required to implement this type of solution. If this is the use we feel that the existing intersection configuration is the but alternative. However, them may be other operational modifications such as. changing of existing signal timing to Wow for more clearance time on completion of the CSAR 75 phase and possible signing modifications to warn through motorists to use right lane. These operational issues need to investigated further to determine how much effect they would have. It is my initial feeling tint these type of changes may ease the left turn problem slightly but they won't solve It. The intention of this report is to provide information to you for the purpose of further discussing this issue internally at the City. If further action is requested by the City this work will have to be prioritized against other projects throughout the County. In addition, Ma/DOT must be involved in any modifications to the signal and intersection configuration. If you have any questions concerning this Information please contact me. Sincerely, Daw Montebello, P.E. Assistant County Engineer Enclosures: Leak Hour Turning Movement Count Accident Infbrmatlon Mn/DOT Geometric & Signal Analysis PC: Wayne Fingalson, County Eagioar Tbny Kempenieb, MA/DOT District Traffic Engineer Bill Cordell, Traffic Technician File TURNING MOVEMENTS P.M. PEAK HOUR COUNTS CSAH 75 @ T.H. 25 CITY OF MONTICELLO 142 418 184 —i CSAH 75 92 � PEAK HOUR = 4:15 - 5:15 P.M. T.H. 25 WA 46 441 146 J I LO sir 141 556 58 755 T.H. 25 L 42, N i CSAH 75 4-- 280 805 12/07/94 Bill Cordell by: Dwight Redden GEOMETRIC AND SIGNAL PHASING SUMMARY FOR T.H. 25/C.S.A.H. 75 All scenarios assume a number of right turn on reds. See the individual analysis sheets. 20 G Intersection Delay See Veh LOS Existing Geometries and Signal Phasing 13.5 B T.H. 25 phasing as is 12.2 B Z• CSAR 75 - 1 Lt lanai 2 Thru Lanes Five phase signal (protected left on T.H. 25 only) T.H. 25 phasing an is 15.7 C CSAR 75 - 1 Lt lanai 2 Thru lanes Protected/Permissive phasing (CSAR 75 only) y T.H. 25 phasing (protected/permissive) 12.4 B CSAR 75 - 1 Lt lanai 2 Thru lanes Protected/permissive s T.H. 25 phasing as is 16.3 C CSAR 75 - 1 Lt lanai 2 Thru lanes+ Eight phase operation G T.H. 25 phasing as is 20.3 C CSAR 75 - 2 Thru lanes EB lead Lt/WB lag phasing .� T.H. 25 phasing as is 20.3 C CSAR 75 - 2 Thru Lanes EB lag Lt/WB lead phasing B T.H. 25 phasing as is 27.6 D CSAR 75 - 1 Lt lane (3 -lane) 1 Thru lane 8 Protected Lt phasing 9 T.H. 25 phasing as is 14.0 B CSAR 75 - 1 Lt lane (3 -lane) 1 Thru lane Permissive Lt only /C. T.H. 25 phasing (protected/permissive) 17.6 C CSAR 75 - 1 Lt lane (3 -lane) 1 Thru lane Protected/permissive All scenarios assume a number of right turn on reds. See the individual analysis sheets. 20 G MNTM 25 066.00.60E 1 1 3 86 2635 3/21/91 09 N 3 02 30 01 05 01 99 01 01 03 02 01 01 04 01 N 01 01 42 01 910000027 01 V 01 00 99 01 02 E 01 00 99 01 MMTH 25 066-00.608 1 2 3 66 2635 11/01/91 16 M 2 02 30 01 05 01 00 01 03 OA 03 01 01 Or. 01 N 01 00 61 01 913050137 02 N 01 99 99 99 02 N 10 46 61 01 MNTM 25 066.00.606 1 2 3 56 2635 4/10/92 13 N 2 02 30 01 02 01 00 01 01 OA 03 01 01 04 01 N 05 07 99 O1 921010086 35 M 05 07 99 01 NNTH 25 066.00.606 1 2 3 86 2635 1/27/93 16 C 2 03 30 01 01 01 00 01 01 04 04 01 01 04 01 S 11 00 00 01 930270146 02 01 13 02 01 MNTM 25 065-0.606 1 1 3 86 2635 8/05/93 17 N 2 02 30 01 01 01 00 01 01 01 01 01 01 04 01 S 09 13 03 99 932170083 01 S 11 00 11 99 MNTM 25 066-0.608 1 3 3 56 2635 11/12/93 17 N 2 02 30 01 02 01 00 01 04 03 02 01 01 04 03 M 06 07 00 01 933160439 01 N 05 07 00 99 MMTH 25 068+00.611 1 1 3 56 2635 8/04/92 13 M 2 D9 30 01 0/ 01 00 01 01 01 01 01 01 02 01 N 11 00 00 01 922170176 01 M 01 13 00 01 MMTH 25 068+00.617 1 2 3 56 2635 5/02/92 13 M 2 03 30 01 01 01 00 00 01 01 01 01 01 04 14 S 01 03 13 01 921230035 01 S 11 00 00 01 CSAN 75 015-00.079 1 2 0 86 2635 2/11/92 15 N 2 03 30 01 01 01 00 00 01 01 01 01 01 06 01 W 11 00 99 01 920420132 01 N 01 03 13 01 APPA ••••"'••"• INJURY ......••••• PROPERTY RATES VOWME FATAL A ........... ....... ....... 8 C ....... ....... TOTAL DAMAGE TOTAL ACC. SEV. ....... ........ ....... .__. ..._ 20990 0 2 2 6 10 49 59 1.5 2.3 1 PAGE 7 ••.•. INTERSECTION ACCIDENTS . BY DIAGRAM AND SEVERITY ••••• DEC 30.1994 MM/DoT Nils AA•4C .TERSECTION AT: MNTM 25 068.00.601 JCT TM -25 WITH MAN 75 EFFECTIVE DATE 01/01/76 CATEGORY 33715 MM/DO1 CONSTRUCTION DISTRICT -•- 3 COLRITY ••-••••-• 66/WRIGHT MM/DOT RAINTEMANCE AREA --••-••• 38 NIMICIPALITY ... 2635/NONTICELLO PATROL STATION ................. 2610 URBAN AREA ••••• D000/RURAL ......••••• INJURY ......••••• PROPERTY OI AGRAN CODE ....................... FATAL ....... A 8 ....... ....... C TOTAL DAMAGE TOTAL % ....... ....... ........ ....... ....... OO/MOT APPLICABLE 0 0 0 0 0 1 1 1.7 % 01/REAR END 0 0 1 2 3 10 13 22.0 IS 02/SIDESWIPE • PASSING 0 0 0 0 0 5 5 8.5 % 03/LEFT TURN 0 0 0 1 1 15 16 27.1 % O4/OFF ROAD • LEFT 0 0 0 0 0 0 0 0.0 % 05/1IGHT ANGLE 0 1 1 1 3 12 1S 25.4 IS 06/RIGNT TURN 0 0 0 0 O 2 2 3.4 It 07/01! ROAD RIGHT 0 0 0 0 0 0 0 0.0 IS 05/NEAD OM 0 0 0 0 0 0 0 0.0 % 09/SIDESWIPE OPP"INO 0 0 0 0 0 2 2 3.4 % 90/0TMEA 0 0 0 2 2 1 3 5.1 % 90AMKMUA1 0 1 0 0 1 1 2 3.4 IS TOTAL 0 2 2 6 10 49 59 100.0 IS % 0.0 % 3.4 IS 3.4 % 10.2 11 16.9 1 63.1 % 100.0 IS D Council Agenda - 2/13/95 21. Consideration of aouroval of 1898 Countv State Aid Hiahwav Maintenance Agreement with Wright Countv. U.S.) A. REFERENCE AND BACKGROUND: Each year the City Public Works Department performs snow and ice removal and springtime sweep -up on certain County State Aid Highways within the city. In an agreement with Wright County, the County reimburses the City each year for those services based upon the actual County cost of maintaining its own highway system the previous years. Payments to the City are based upon a per -mile cost for each type of maintenance performed. Those County State Aid Highways currently maintained by the City are primarily County Road 75 from Willow Street to East County Road 39, which includes the four -lane portion, and West County Road 39 from Kampa Circle near the public works building to County Road 75. Based upon the 1993 average annual cost, our 1994 reimbursement is $5,806.14. This maintenance agreement allows us to maintain a higher level of service to the community in keeping our main arteries open. Our snow plowing operations are usually originated at midnight while the County usually starts two to four hours later. We often have to travel the County State Aid Highways to get to our own areas of snow plowing consequently, we have taken over winter maintenance for County Road 75. One exception in this area which is double covered is the area between the High School and East County Road 39. The area in front of Bondhus always ices over in the winter time; consequently, both the City and the County have joint responsibility for sanding this area. The first alternative would be to approve the maintenance agreement with Wright County as proposed. A copy is included for your review. The second alternative would be not to continue to maintain those portions of the state highways as outlined in the maintenance agreement. I believe this would result in a lower level of service to the community and would not be in our best interest. C. STAFF RECOMMENDATION: It is the recommendation of the Public Works Director that the City Council approve the maintenance agreement as enclosed and outlined in alternative 01. Q. SUPPORTING DATA: Copy of the Maintenance Agreement for 1995. 33 WRIGHT COUNTY DEPARTMENT OF HIGHWAYS Wright Cwuy Public works Building 1901 Highway, 25 North Buffalo. Minnesota 55313 Jct. T. H. 25 and C.R 138 Telephone (812)682.7383 Faeeimile (612) 682.7313 December 28, 1994 Rick Wolfsteller, Administrator City of Monticello 250 East Broadway P. O. Box 1147 Monticello, MN 55362 Re: 1995 Maintenance Agreement Dear Mr. Ilex. r WAYNE A. PINGAISON, P.E. Hish..r Eng— 6817388 DAVID K MOMBEn1A, P.E. Aoia"t Iseh-q Enei- 6827387 RICHARD E. MARGUL-M Eigbt d W.y Aamt 6617388 COPY It is once again time to renew our annual municipal agreement for the maintenance activities on the road(s) listed on the enclosed agreement. You may remember that the costs used in computing the reimbursement for the maintenance agreements in the highest average annual cost per mile for either the rural or municipal roadway segmenta in the previous year. This is consistent with state -aid procedures. In most eases maintenance activities are mora costly in municipal areas therefore these are the routine maintenance costs that are used in computing the cost per mile for reimbursement. 7b give you an idea of the cost for each maintenance activity we have shown the 1993 average coat per mile for each activity in the 1995 maintenance ' agreement. 1 have enclosed two copies of the 1995 agreement for your review and approval by the City Council. Please return both copies of the executed agreement. Afar approval by the County Board, one of the copies will be returned to you for your files. A check reimbursing your city for the maintenance activities covered under our I9S4 agreement, has been sem to you under separate cover. If you have any questions conceming this or if you note any discrepancies please don't hesitate to contact our office. Happy New Yearl Sincerely, way Fingals neer Cou y Highway Enc.: (2) 1995 Mein. Maintenance. Agra. Equal tpportwuy / A(Cm"ve Action Employer `i I MAINTENANCE AGREEMENT - 1995 THIS AGREEMENT made and enured into by and between the City of Monticello hereinafter referred to as the ' -ity' and the County of Wright hereinafter referred to as the 'County'. WHEREAS, Chapter 162, Minnesota Statutes, permits the County to designate certain roads and streets within the City as County State Aid Highways, and WHEREAS, the City has concurred in the designation of the County State Aid Highway within its limits as identified in County Board's resolutions of August 28, October 8, November 5, December 3, December 27, 1957 and January 7, 1958, and WHEREAS, it is deemed to the best interest of all parties that the duties and responsibilities of both the City and the County as to maintenance on said County State Aid Highways to be dearly defined, NOW THEREFORE, IT IS AGREED with regard to said County State Aid Highway maintenance: That the City will be responsible for routine maintenance on the following highways. MAINT. PLAN ROAD SEGMIE MILES COST/MI.0 TOTALCOST• C. CSAH 75 Willow St. to E. Jct. CSAH 39 3.74 863.93 $3,231.10 (Includes four lane portion.) D. CSAH 39 From City Public Worlds Bldg. to 0.32 215.98 69.11 W. Jct. of CSAH 75 B. CSAH 75 Four lame portion 3.10 715.98 2.219.54 B. CSAH 39 From CSAH 75 to Kampa Cir. 0.40 715.98 286.39 ESTIMATED TOTAL - $5,806.14 That routine maintenance shall consist of the following: (Maint. Plan) C. (CSAR 75) - Snow and ice removal. D. (CSAR 39) - 25% of the snow and ice removal. B. One-time spring sweeping only. *Based on 1993 average anrwal costs. That when the City deems it desirable to remove arrow by hauling, it shall do so as its own expense. The City shall also be responsible for all snow and ice removal on sidewalks and other boulevard related maintenance outside the curb or street area. That the County will be responsible for all other maintenance. That the City shall Indemnify. save and hold harmless the Courcy and all of its &gents and employees of any form against any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution or performance of the work provided for herein to be performed by the City. It is f mhcr agreed that any and all fltll-time employee of the City and all other employees of the City engaged in the performance of any work or services required or provided for herein to be performed by the City shall be considered employees of the City only and not of the County: and that any and all claims that may or might arise under Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims nude by any third panics as a consequence of any act or omission on the part of said City employee while to engaged on any of the wort or se- 4ces provided to be tendered herein shall be the sole obligation and responsibility of the City. (Sheet I of 2) 214 That the County shall indemnify, save and hold harmless the City and all of its agents and employees of any form against any and all claims, demands, actions or causes of actions of whatever nature or character, whether at law or equity, arising out of or by reason of the execution. omission or performance of the wort provided for herein to be performed by the County including, but not limited to, claims made arising out of maintensnce obligations of County. .ngiaaring, design, taking or inverse condemnation proceedings. It is further agreed that any and all full-time employees of the Country and all other employees of the County engaged in the performance of any work or services required or provided for herein to be performed by the County shall be considered employees of the County only and not of the City; and that any and all claimis that may or might arise under the Workmen's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged on any of the work or services provided to be rendered herein shall be the sole obligation and responsibility of the County. That in December of 1995 , the City shall receive payment from the County for their wort. This amount shall be based on the 1994_ average annual cost per mile for routine maintenance on Municipal County State Aid Highways. The average annual cost per mile will reflect only those costs associated with the areas of ranine maimenance for which the City is responsible. ATTEST: Mayor City Clerk CERTIFICATION 1 hereby cenify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on '19—. City Clerk APPROVED AND ACCEPTED: COUNTY OF WRIGHT Name of City Chairman of the Board Date ATTEST: County Coordinator Date C (Shat 2 of 2) 21 C. 10 Council Agenda - 2/13/95 22. Consideratign of "tting a Dtiblic hearing for the Citv of Monticello's, Wastewater Facilities Plannina Renort. (J.S.) A. REFERENCE AND BACKGROUND: At the workshop held two weeks ago, the City Council reviewed several alternatives for expanding our wastewater facility operations with Jon Peterson of OSM and Larry Anderson of RCM. The alternatives ranged from expanding the existing plant with at least two different types of proteases or just updating the existing plant and building another sister plant or "B" plant somewhere in the township and pumping that water back to the Mississippi River and hauling the sludge back to the "A" plant for further treatment. One of the last alternatives looked at was the possibility of building an entirely new plant and eventually abandoning the existing facility. Further discussion centered around the possibility of phasing the expansion of the existing plant, as these alternatives offer the most attractive cost. Also at the last workshop, the Council set an additional workshop for 6 p.m. Monday evening, February 27, 1995, just before the regular Council meeting to further discuss some of the alternatives and financing of those alternatives. In addition, we discussed the possibility of applying for low interest financing through the PCA to cover not only our design work but the actual construction. It was proposed that we hold a public hearing on the plan for its approval on March 27, 1995, to comply with PCA regulations that the plan have a public hearing prior to approval. In order to meet the 30 -day requirement, we would have to order the public hearing prior to the workshop on the 27th; consequently, this is why it is on this agenda. As stated at the meeting by the engineers, the numbers appear to indicate that the City of Monticello may need to complete construction within the next three years. Also as discussed at the workshop, there are some intermediate things that the City can do to buy some additional time such as looking at our inflow and infiltration and such as looking at some of the interim improvements originally recommended by Professional Services Group. It appears that we will have to move ahead and do something, but whether we move into a full phase design of the entire plant or not is yet to be determined. The fust alternative is to order a public hearing for March 27, 1995, for review of the City of Monticello's Wastewater Facilities Planning Report The second alternative would be to delay the ordering of the public hearing for the Facilities Planning Report until such time the City Council is comfortable with the complete report. 34 Council Agenda - 2/13/95 The third alternative would be to order the public hearing; but if the workshop on February 27, 1995, proves not to be entirely fruitful, the Council could cancel the public hearing at that time. C. STAFF RECO As Public Works Director, having gone through the last expansion of the Wastewater Treatment Plant, I feel that we need to take enough time to be sure that everyone is comfortable with the decisions made and the directions we're taking. The Wastewater Facilities Planning Report is not yet a complete and final document; and although we need to move ahead, I don't think an additional few weeks at this time would hurt us. Consequently, as Public Works Director, I recommend alternative #2. D. SUPPOiR'ING DATA None. 35 CITY OF MONTICELLO MONTHLY BUILDING DEPARTMENT REPORT Month of January 1994 PERIM A USES This Same Morltim LW You Thus Year PERMITS ISSUED Month Dec last Year To Dale To Ova RESIDENTIAL Number 7 5 5 7 Valuation $3#8.700.00 619.000.00 $19.000.00 S3r5.700.00 Fees $3.634.43 $209.30 1208.30 $3.934.43 SurWrpos $173.57 $9.8 $925 $173.57 COMMERCIAL Number 0 0 0 0 Valualbn Fan Surcharges INDUSTRIAL Number 0 11 0 Valuation $3500.00 0 Fear $35.00 $35.00 Surcumm $1.75 $1.75 PLUMBING Number 5 1 1 5 Fees $220.00 $13.00 $13.00 $220.00 Surcharges $2.50 $0.50 6050 $2.50 MECHANICAL Number 4 NA IN 4 Fees $158.00 $158,00 Surd'a" $2.00 $2.00 Other OTHERS Number 2 0 0 2 Valuation $ODD $0,00 Foes $200.00 $200,00 SurWroos $0.00 $0,00 TOTAL # P ERMI TS is 7 7 Is YOTALVALUATION sw 00.00 00 $225.00 $22.500.00 546.70000 TbtAI NEEJl >i421U.43 $151.30 0257.35 I 4 T7dTAL-WRU6IA0ETS p78.01 511.5_ $1150. _ $179,01 CURRENT MONTH Ftt`J NIMBER O DATE PERMIT NATURE Numbs Ppmn swMam Valualon YNa voal V91 Yoai Sln o�oml rte- A $3.2-1803 6153.27 --JWfOpAO # --D 0110o4 0 0 MWI•Fomlty 0 0 CommaWol 0 0 h1tlmAVla1 0 0 Res. Darnall0 0 Siam 0 0 Pubao Blags 0 0 ALTERAT W WRC-PAIR DwcWrgs 3 9419.40 $20.30 440. t OD 00 3 5 Com morcW 0 0 Intlumial 0 1 PLUMBING AD Trym 5 $22000 5250 5 t MochNOCal 4 $155.00 $2,00 4 0 AD Trym ACCESSORY STRUCTURES Swimming Pwt5 0 0 DoCks 0 0 MOVING PERMIT 2 5200 LD 2 0 TEMPORARY PERMIT 0 0 DEMOLITION 0 0 TOTALff- '_ is _$4,21 17a07 10 MONTHBLG WKt