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City Council Agenda Packet 02-09-1998 . . . AGEN A REGULAR MEETING. MO ICELLO CITY COUNCIL Monday, February 9,1998 - 7 p.m. Mayor: Bill Fair Council Members: Clint Herbst, Brian Stu pf, Roger Carlson, Bruce Thielen 1. Call to order. 2. A. Approval of minutes of the spe 'al meeting held January 26,1998. B. Approval of minutes of the re lar meeting held January 26,1998. 3. Consideration of adding items to the 4. Citizens comments/petitions, request, and complaints. C rn 6"vvf{' 11 v) 1;lc{tl.1..;tcl IN/lol:" 7~STf""'1'-1li' 'Ei- (/ld.d70 rtv'oCJnr 5. Consent agenda. ~;5 (1-1 .fuc Consideration of an extension f the conditional use permit for Resurrection Lutheran Churc . Applicant, Mark Paschke, Hagemeister and Mac Archite ts, Inc. M I] 5 j2 c. "'0 t. ii.. "t.vJ J Consideration of renewal of m wing contract. :7- 'il ?'Jl~.J (ev, 1-- ~',f 6/1,fl4J e 1+ 61 Consideration of amending th Monticello Comprehensive Plan by eliminating the Fallon Avenue overpass. Applicant, St. Henry's Church. A. d~~' c' J 7 \) \ 7'- v B. "1.(..1 ,., /.l~ r '.. .)~ 1'<,' [:I ' J'i C. D. Consideration of adoption of . ellberg West development agreement. 6. Consideration of items removed fro the consent agenda for discussion. 7. Consideration of a resolution adopti g City position on industrial development. 8. Consideration of a request for a con itional use permit for final PUD approval on phase I of the Hospital ampus. Applicant, Monticello-Big Lake Community Hospital. . . . . ----- Agenda Monticello City Council February 9, 1998 Page 2 9. Consideration of a resolution supporti g tax credit application for 36-unit townhouse development. 10. Consideration of ordinance amendme t repealing tobacco sales ordinance licensing. 11. Community and training center small group study update. 12. Consideration of annexation discussio update. 13. Consideration of bills for the first hal of February, 1998. 14. Adjournment. Council Update 1. Planning Commission actions taken 2 3/98. . . . MINU ES SPECIAL MEETING - MO ICELLO CITY COUNCIL Monday, January 2 ,1998 - 5:30 p.m. Members Present: Bill Fair, Brian Stumpf, ruce Thielen, Roger Carlson Members Absent: Clint Herbst A special meeting of the City Council was h ld for the purpose of discussing general items as brought forward by Council memb rs. Items discussed were as follows: 1. Councilmember Bruce Thielen noted hat he and Councilmember Brian Stumpf switched commissions as Co ncilliaisons. Councilmember Thielen will be the liaison to the MCP, and C uncilmember Stumpf will be the liaison to the HRA. 2. Project priority list. Council reviewe the "A" and "B" priorities and noted which items had been completed, we e in progress, or were budgeted for 1998. The meeting was for discussion purposes 0 ly. No action was taken by the Council. Karen Doty Office Manager ....__ ___ _ _ J_ . . . MINU ES REGULAR MEETING - MO ICELLO CITY COUNCIL Monday, January 6,1998 - 7 p.m. Members Present: Bill Fair, Clint Herbst, rian Stwnpf, Roger Carlson, Bruce Thielen Members Absent: None 2. A MOTION WAS MADE BY BRIAN STU PF AND SECONDED BY ROGER CARLSON TO APPROVE THE MINUTE OF THE REGULAR MEETING HELD JANUARY 12, 1998, AS WRITTEN. Mo . on carried unanimously. 3. A. Councilmember Roger Carlson requested that winter maintenance of Riverside Cemetery be added t the agenda. B. Assistant Administrator reque ted that consideration of establishing a small group for studying desi and financing of the community center and consideration of adopting resolution supporting a youth initiative bill be added to the a enda. 4. None. 5. Consent ae-enda. A. Recommendation: Approve change order #10 to t e contract with Adolfson & Peterson in the amount of $37,047 for Proj ct 93-14C, Wastewater Treatment Plant Expansion. B. 1 r r license. Recommendation: rant renewal of the Men's Softball Association beer license contin ent on receipt of the necessary insurance docwnents and app opriate fees. Page 1 . . . C. D. E. F. 6. Conncil Minutes - 1/26/98 interchan2'e access analysis. Authorize the City Engineer, WSB & Associates, t complete, submit, and obtain approval for the revised Interchange Ac ess at 1-94 and County Road 118 Report at an estimated cost of $2,000 0 $3,000 for updating it to the year 2020. Recommendation: Confirm the appointments of Pam Cam bell, Gail Cole, Ronald Hoglund, Rita illrich, and Susie W ojchouski t the Design Advisory Team for reviewing projects in the Cent al COIDIDnnity District zoning area, with Fred Patch and Ollie Kor pchak as staff liaisons. Recommendation: Adopt a resolution authorizing the Sta e Gambling Control Board to issue a pull-tab license to the Land of akes Choir Boys organization for J.P.'s Annex. SEE RESOLUTION 9 -2. scale from Pitney Bowes. Rec mmendation: Authorize entering into a lease agreement with Pi ney Bowes for an E520 semi-automatic mail machine, postage meter, d 5-lb. electronic scale at a cost of $138 per month for 51 months. G. Recommendation: Commission. H. Determine that EDA approval of GMEF Loan No. 014 for T.J. artin, Inc., was approved without violation of the GMEF Guideli es and support the EDA decision for loan approval. None. A MOTION WAS MADE BY BRUCE TH LEN AND SECONDED BY CLINT HERBST TO APPROVE THE CONSEN AGENDA AS RECOMMENDED. Motion carried nnanimously. . 7. . . Council Minutes - 1/26/98 City Administrator Rick Wolfsteller r ported that the proposed assessment roll for delinquent utility bills include accounts which are delinquent more than 60 days. The assessment roll al 0 included three accounts over $500 for which notice would be served to shut ff the water service. Mayor Fair opened the public hearin There being no comments from the p blic, Mayor Fair closed the public hearing. A MOTION WAS MADE BY BRIAN STU PF AND SECONDED BY ROGER CARLSON TO ADOPT THE ASSESSME T ROLL FOR DELINQUENT UTILITY BILLS AS PRESENTED. Motion carrie unanimously. SEE RESOLUTION 98-3. 8. City Administrator Rick Wolfsteller r ported that an RFP was prepared for development of a multi~family projec on Outlot A, Country Club Manor, which the City obtained through tax orfeiture. Two proposals were received. David Hornig of Hornig Companies p oposed 109 rental units, a 2.5-acre park, and the 3.1~acre pond site would be retained on the east end of the property. The purchase price offered was $300,000. Freedom Development proposed a m'x of36 rental units utilizing low income housing credits and tax increment fi ancing assistance from the HRA, 42 privately-owned townhouse units, a . 73~acre site for park land, scattered retention ponds if the City waived st rm sewer fees, and a purchase price of $151,675. However, David Bell ofF eedom Development offered to change his price to match Hornig Companie offer of $300,000. Residents in the area noted their co cerns regarding traffic and the effect of low income housing on neighboring roperty values. Council discussed the compatibility fthe two proposals with the neighborhood and the amount of tax revenue each would bring to the city. In addition, the proposed change in pri e made by Freedom Development was also discussed. Pag 3 . . . Council Minutes - 1/26/98 A MOTION WAS MADE BY BRUCE TH ELEN AND SECONDED BY CLINT HERBST TO SELECT THE PROPOSAL Y HORNIG COMPANIES AND AUTHORIZE STAFF TO ENTER INTO CONTRACT FOR DEVELOPMENT. Voting in favor: Bruce Thielen, Clint Herbst. Opposed: Bill Fair, Brian Stumpf, Roger Carlson. Motion faile . A MOTION WAS MADE BY BRIAN S MPF AND SECONDED BY ROGER CARLSON TO SELECT THE PROPOS SUBMITTED BY FREEDOM DEVELOPMENT WITH THE PURCHA E PRICE OF $300,000 AS OFFERED AT THE COUNCIL MEETING AND AUTH RIZE STAFF TO NEGOTIATE A DEVELOPMENT CONTRACT. Voting n favor: Bill Fair, Brian Stumpf, Roger Carlson, Clint Herbst. Opposed: B ce Thielen. Motion carried. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO TAKE A 5 MINUTE RECESS. Motion carried unanimously. 9. 10. f City Administrator Rick Wolfsteller eported that effective August 1, 1997, a new state tobacco law required all re ailers who sell tobacco or tobacco products to be licensed. The City m y either adopt a license ordinance that reflects the new state requirements r delegate the licensing and compliance check responsibilities to the County. Council discussed the new requirem nts of the state law and penalties for minors caught using tobacco. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO ABLE ADOPTION OF THE ORDINANCE AMENDMENT REGULATING TOBAC 0 SALES PENDING FURTHER INFORMATION FROM OTHER COMM NITIES. Motion carried unanimously. publication of bills. City Administrator Rick Wolfsteller eported that cities are required to publish the official Council minutes r a condensed summary of the minutes that includes motions, resolutions, 0 other official actions. As an alternative to publication, the City may mail a c py of the minutes to any resident upon request. In addition, there is no req 'rement for publication of the bills. During the last two years, the City as consistently exceeded $17,000 annually in publication costs, and olfsteller suggested that the City consider publishing a summary of t e minutes and discontinuing publication of the bills, which could save the Cit up to $15,000 per year. Pag 4 . 11. . . Council Minutes - 1/26/98 Don Smith, owner of the Monticello 'mes, stated that it's sound public policy to publish the minutes in full and ur ed the Council not to change its policy. AFTER DISCUSSION, A MOTION WAS SECONDED BY CLINT HERBST TO T COUNCIL MINUTE SUMMARIES AND PRESENT SAMPLE SUMMARY MINU POSSIBLE DISCUSSION IN THE FUT ADE BY BRUCE THIELEN AND LE CONSIDERATION OF PUBLISHING IRECT THE OFFICE MANAGER TO S FOR COUNCIL REVIEW AND E. Motion carried unanimously. a~eement. City Attorney Dennis Dalen noted th t there were 12 items to be considered for inclusion in a joint annexation a eement, 10 of which were substantially agreed to. However, he noted that st ategies regarding the agreement should be discussed in a closed session. 12. Mayor Fair requested that Council c nsider the remaining agenda items before going into a closed meeting. A MOTION WAS MADE BY ROGER C SON AND SECONDED BY BRUCE THIELEN TO APPROVE THE BILLS F R THE LAST HALF OF JANUARY, 1998, AS PRESENTED. Motion carried una imously. 13. Other matters. A. Council discussed with the Pu lic Works Director the current winter maintenance of Riverside Ce etery. The Public Works Director noted that they would perform mini urn winter maintenance this year and recommend a specific policy fo next year. B. Assistant Administrator Jeff 'N eill proposed that the Council and HRA establish a small group, consisting of two Council members, two HRA members, and a Nation I Guard representative, to review the recommendations of the task orce and community, and prepare a plan that would identify project el ments and phasing and financing . . . Council Minutes - 1/26/98 methods. In addition, Council as asked to adopt a resolution supporting the 1998 Youth Init ative Bill, which encourages the legislature to support a $40 mi lion appropriation for youth facilities. Councilmembers Brian Stump and Bruce Thielen volunteered to represent the Council in the s all group to discuss the community center. A MOTION WAS MADE BY BRU E THIELEN AND SECONDED BY ROGER CARLSON TO APPOINT BRIAN TUMPF AND BRUCE THIELEN TO THE SMALL GROUP FOR THE PURP SE OF ANALYZING COMMUNITY AND TRAINING CENTER DESIGN D FINANCING OPTIONS AND TABLE CONSIDERATION OF THE RES LUTION SUPPORTING THE YOUTH INITIATIVE BILL AT THIS TIM PENDING FURTHER INFORMATION. Motion carried unanimously. A MOTION WAS MADE BY BRUCE THIELEN D SECONDED BY CLINT HERBST TO CONTINUE THE REGULAR MEETING UNTI AFTER THE CLOSED SESSION REGARDING THE JOINT ANNEXATION AG EMENT. Motion carried unanimously. AFTER CLOSED SESSION DISCUSSIONS, A OTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO OPEN THE REGULAR MEETING. Motion carried unanimously. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO ADJOURN THE REGULAR MEETING. Motio carried unanimously. Karen Doty Office Manager Pa e6 . . . 5A. Council Agenda - 2/9/98 . . (F.P.) Staff report on this item was presented by Fred Patch. Patch explained that the Planning Commission is requeste to consider extension of the conditional use permit issued on May 12, 1997 to allow for development of the Resurrection Lutheran Church n rtheast of the intersection of County Road 118 and School Boulevard. On May 6, 1997, the Planning Com . ssion considered and recommended approval of a conditional use permit equest to allow the Resurrection Lutheran Church facility in the PS ( ubliclSemi-Public) Zoning District. On May 12, 1997, the City Council affi ed the recommendation of the Planning Commission and approved the condit onal use permit for Resurrection Lutheran Church. In anticipation of expiration of that c nditional use permit, Mark Paschke of Hagemeister and Mack Architects, I c., on behalf of the church, is requesting that the Planning Commission appro e a one-year extension of the conditional use permit. It is anticipated that construction wi I begin around April 15, 1998; however, to ensure that land use consideratio s of the City do not interfere, this extension will prevent expiration an the need to reconsider this item in its entirety. B. ALTERNATIVE ACTIONS: 1. Motion to grant a one-year ex ension from the original date of issuance of the conditional use permit llowing a church facility in the PS (Public/Semi-Public) Zoning istrict for Resurrection Lutheran Church. 2. Motion to deny a one-year ex nsion of the conditional use permit. Council Agenda - 2/9/98 . Staff recommends approval of the ex ension of the conditional use permit. D. SUPPORTING DATA: Copy of minutes of Planning Commi sion 5/6/97; Copy of minutes of City Council 5/12/97 . . . . . 'I)-ct! Planning Commission Agenda - 5/6/97 12. 13. ~ Applicant, Resurrection Church. Steve Grittman, City Planner, repor ed that Resurrection Lutheran Church has applied for a rezoning of their p rcel at County Highway 118 and Fenning Avenue (east of the middle choo!) from A-O, Agriculture to PS, Public and Semi-Public District. Th P-S District is intended for land uses which are institutional in nature, a d which have patterns of use which are different from the other large land ses. Church facilities are Conditional Uses in the P-S District, and as suc , the Church has requested approval of a CUP as well. All action taken by t e City on this application is conditioned upon final annexation of the parcel 'nto the City limits. Chairman Frie opened the public h aring. There were no comments. Chairman Frie closed the public he ring. After a short discussion, DICK M TIE MADE A MOTION TO APPROVE, SECONDED BY JON BOGART, T E REZONING OF THE SUBJECT PROPERTY TO P-S, PUBLIC & SE I-PUBLIC DISTRICT BASED ON THE FINDING THAT ESTABLISHME OF A PS DISTRICT AT THIS LOCATION IS CONSISTENT WIT THE COMPREHENSIVE PLAN. Motion passed unanimously. RICHARD CARLSON MADE AM TION TO APPROVE, SECONDED BY ROD DRAGSTEN, A CONDITION L USE PERMIT FOR A RELIGIOUS INSTITUTION IN A P-S DISTRIC . Motion pasEed unanimously. Pa e 11 5"Ar. - I . . cl'l-OII Council Minutes - 5/12/97 G. Resurrection Church. Reco endation: Approve the conditional use permit to allow a church f: cility in a PS district with the following conditions: 1. The temporary t rminus of the paved parking area is constructed to co trol drainage and traffic to the satisfaction oft e City Engineer. A rolled asphalt curb in this area would e an inexpensive suggestion to provide an interim impr vement. 2. The Church agr es to expand the paved parking area prior to buildin expansion in the event that demonstrated p king demand exceeds the current supply. 3. The Church wor s with the City to appropriately route the pathway aro d and/or through the property to connect with pat way routes to the east and west. 4. The Church pro . des a plan illustrating landscaping improvements,' eluding the control of storm water and erosion after co struction. Approval is based upon the nding that the proposed use has met, or will meet with appropriate c anges, the conditions as defined in the zoning ordinance, including dequate traffic access and management, adequate setbacks to protect the neighborhood, adequate parking to accommodate the proposed se, and compatibility with the neighborhood and comprehe sive plan objectives. Approval is also subject to completion of the exation proc~ss. . ...'._...__,. ._...,.............__......__.........~_.._..~...~.._,........._~.... ..,. .......................... r.......____.............. '. .....'~........~.,...._.~-- . -.. . .... . ....... .... ',~ ,. ,".' a:. . . A MOTION WAS MADE BY BRUCE IELEN AND SECONDED BY ROGER CARLSON TO APPROVE THE CONS NT AGENDA AS RECOMMENDED. Motion carried unanimously. " ." . ". .'" '. .. " ..'. .', .. . . . . '. ." . .'. :...,.-.,'."',.,:.:::-,.:..... ......-..--"$;'. ....;4., .-.,....'1 '. - - .' - . . . . . ~ . .' ...... .... -.-- '.. -..... .. '. .'. . - ':. " ":,,." '.' ..' ',.'.-. ......-- :'- .:;- -'. .'..' :.~'-:::, -.,:~~::- --. ........,........ . .~ . 'w._ ~< ~. ;, .'.. .... . . 'w . .: '". ~., : ..... .~., . . ", .. '...... " . . ". . . . . 22-2: AMENDMENTS - INITIATION: The City Councilor Planning Commission may, upon their own motion, ini iate a request to amend the text or the district boundaries of this ordin nee. Any person owning real estate within the city may initiate a request t amend the district boundaries or text of this ordinance so as to affect the sai real estate. 22-3: CONDITIONAL USE PERMIT: [A] PURPOSE: The purpose f a conditional use permit is to provide the City of Monticello with a easonable degree of discretion in determining the suitabili y of certain designated uses upon the general welfare, public health, an safety. In making this determination, whether or not the condi onal use is to be allowed, the City may consider the nature of th adjoining land or buildings, whether or not a similar use is already i existence and located on the same premises or on other lands immedi tely close by, the effect upon traffic into and from the premises or on ny adjoining roads, and all such other or further factors as the Cit shall deem a requisite of consideration in determining the effect of such use on the general welfare, public health, and safety. [B] RECONSIDERATION: henever an application for a conditional use permit has been conside ed and denied by the City Council, a similar application for a conditi nal use permit affecting substantially the same property shall not e considered again by the Planning Commission or City Cou cil for at least six (6) months from the date of its denial; and a subseq ent application affecting substantially the same property shall like . se not be considered again by the Planning Commission or City Co cil for an additional six (6) months from the date of the second deni unless a decision to reconsider such matter is made by the City Coun 1. [C] LAPSE OF CONDITIO AL USE PERMIT BY NON~USE: Whenever within one (1) year afte granting a conditional use permit the work as permitted by the permi shall not have been completed, then such permit shall become nu I and void unless a petition for extension of time in which to comple e the work has been granted by the City Council. Such extensio shall be requested in writing and filed with the City Clerk at least irty (30) days before the expiration of the original conditional use permit. There shall be no charge for the filing of such petition. The r quest for extension shall state facts showing a good faith attempt to c mplete the work permitted in the conditional use permit. Such petit on shall be presented to the Planning Cornmision for a reco endation and to the City Council for a decision. Further, whenever a conditional use has not been in operation for a period f six (6) months, the conditional use shall be considered to be null a d void. 5' .....A-3 MONTICELLO ZONING ORDINANCE 22/3 . 11,.""" Hagemeister and Mack · Architects, Inc. 501 W. St. Germain. Suite 200 St. Cloud. MN 56301-3605 Tel.: 320 . 251 .9155 Fax: 320 . 251 .4919 January 14, 1998 Mr. Fred Patch Chief Building Official City of Monticello 250 East Broadway Monticello, MN 55362 Re: Resurrection Lutheran Church Iyfonticello, MN Architect's Project No. 9661 . Dear Mr. Patch, . ill ,-INJ nW&rn1 I S 1900 l!!J CITY OF MONTICELLO This memo is in regards to our conversation this pa t Monday afternoon, 1/12/98. On behalf of Resurrection Lutheran Church, we would like to fiI for art extension of the Conditional Use Permit granted the Church last year.[fhe buildi~ roject was pushed back to this Spring while the Church continued its fund-raising campaigny e project will be rebid over the period from January 15 to February 12, 1998. Upon approval 0 the bid results, construction is anticipated to begin around April 15, 1998. We ask that you [orw rd this memo to the Planning Commission and if there are any additional forms that need to be submitted, please contact our office. Sincerely, -J1~ ~ Mark Paschke Hagemeister and Mack Architects, Inc. copy: Rick Wolfsteller, City Clerk Building Committee, Resurrection Lutheran hurch Members American Institute of Architects . Mlnn SA"t{. - sota Society American Institute of Architects . . . 5B. CounciIAgenda-2/9/98 . (J.S.) For the past three years, the City has contracted with Carefree Lawn Service for mowing of the library, liquor store fire hall, and public nuisance mowings. In 1997, Riverside Cemete was added to the mowing contract. Over the past three years I have recei ed only one complaint on the work performed by Carefree Lawn Service. We have recently received a letter fro J ames King of Carefree Lawn Service offering to extend our mowing contra t for the 1998 and 1999 season based upon the same rates bid in 1997. A c py of the letter from Carefree Lawn Service, the 1997 Contract, and prop sal are included for your review. B. ALTERNATIVE ACTIONS: 1. The first alternative is to exte the mowing contract with Carefree Lawn Service for 1998 and 199 at the 1997 rates. 2. The second alternative would e not to extend the contract but to go out for bids again this spring. C. STAFF RECOMMENDATION: It is the recommendation of the City dministrator, Public Works Director, and Street & Parks Superintendent t at the City Council consider extending the contract with Carefree Lawn Se . ce for a period of two years at a fixed rate as outlined in alternative #1. Ci y staffis satisfied with the promptness and quality of the work performed by this contractor. D. SUPPORTING DATA: Copy of 1997 contract and proposal fi rms; Letter from Carefree Lawn Service. ." . . . @ CONTRACT FOR MOWING AN LANDSCAPE MAINTENANCE ,~ THIS AGREEMENT, made and entere into as of the 30 day of April, 1997, by and between the City of Monticello, Minne ota, a municipal corporation under the laws of the state of Minnesota, hereinafter calle the "Owner," and Carefree Lawn Service, P.O. Box 1038, Monticello, Minnesota 5 362, hereinafter called the "Contractor," WITNESSETH: That in consideration of their mutual c venants and agreements as hereinafter set forth, the owner for itself and the contra tor for itself, its successors and assigns, covenants and agrees as follows, to wit: 1. The contractor agrees to furni h all the necessary materials, labor, use of tools, equipment, and every other thing nec ssary to perform the work designated and referred to in this contract, including all c ntractor's superintendence and to furnish everything necessary for the completion of t e improvement which is the subject of this agreement (except such things as the owner as specifically agreed to provide according to the contract documents), and agrees to p rform and complete the work shown in the plans and drawings entitled Specifications for Mowing and Landscape Maintenance, prepared by the City of Monticello, Minnesota, and dated March 13, 1997, and to conform in all respects with the provisions and requir ments of the specifications. 2. The contractor agrees that pe ormance shall be in accordance with the terms, requirements, and conditions of this inst ument, and laws of the state of Minnesota, and the following documents: Invitation for Proposals for said s ecifications for mowing and landscape maintenance for the owner. CIOFFICEIJOHNIAGREEMTSIMOWLAND.CON. 4/~8/97 ~6--1 PAGE 1 Proposal by the contractor presented to t e Council of the owner on April 14, 1997, and accepted by the owner on April 14, 1997. Each and all of the aforementioned co tract documents are hereby incorporated into this agreement by specific reference, and the terms and provisions thereof are and constitute a part of this agreement as though ttached hereto or fully set forth herein. 3. The owner agrees to pay the contractor for the performance of this agreement, and the contractor agrees to accept n full compensation therefor the sums set forth within the aforementioned proposal Qf the contractor for each unit and each type of unit of work to be performed. It is understoo and agreed that the said proposal is for mowing and landscape maintenance on a unit price basis in accordance with said proposal. It is further understood that this con ract is not to be considered all inclusive. The City reserves the right to supplement mowin ,trimming, or litter pickup operations with its own forces at any time. Unless canceled ac ording to the specifications, this contract will remain in effect until October 30, 1997. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the day and year first above written. . . DATE '~QArv-9\. . (Corporate Seal) CIOFFICEIJOHNIAGREEMTSIMOWLANO CON 4/28/97 By (City Seal) 5~-2- PAGE 2 ,./ . . . ~ ~ PROPOSA FORM FOR 1997 MOWING AND LAND CAPE MAINTENANCE CITY OF MONTICEL 0, MINNESOTA TO THE CITY OF MONTICELLO MONTICELLO, MINNESOTA: 1. The following proposal is made for mo ing and landscape maintenance. 2. The undersigned certifies that the p oject specifications have been carefully examined and that the work sites ave been personally inspected. The undersigned declares that the amou t and nature of the work to be done is understood, and at no time will misunder tanding of the specifications be pleaded. On the basis of the specifications, t e undersigned proposes to furnish all necessary apparatus and labor to do all t e work and furnish all the materials in the manner specified to maintain the sites ithin the time hereinafter specified, and to accept as full compensation therefor th sums stated below. 3. Base Proposal I. Site A: Monticello Librarv 1. Mowing, weeding, and tri ming of weeds and grass to include litter isposal for a per-time lump sum cost of 2. Litter and debris and disposal separate from mowing operations for a per-time I mp sum cost of $ pQ s6 3. Hedge, bush, and vine tri ming, cost per hour: $ 4. Fall complete cleanup of s te to include disposal of all materials for a per-time lump sum cost 0 $ LtS "'':: II. Site B: Hi-Wav Liquors 1. Mowing, weeding, and tri ming of weeds and grass to include litter and debris pickup and isposal for a per-time lump sum cost of $ C 2, Litter and debris pickup and disposal separate from mowing <:A) operations for a per-time I mp sum cost of $ I t")- 3. Hedge, bush, and vine trimming, cost per hour: $ c;i C:\OFFICE\JDHNISPECS\MOWLANDSPE: 3114/97 56 -..3 - 3. . . . 4. Fall complete cleanup of sit to include disposal of all materials for a per-time lump sum cost of Lf 0"'3 . III. Site C: Monticello Fire Hall 1. Mowing, weeding, and trim ing of weeds and grass to include litter and debris pickup and di posal for a per-time lump sum cost of $ OC- 2. Litter and debris pickup and disposal separate from mowing operations for a per-time lu p sum cost of $ ,c.')oS!.... 3. Hedge, bush, and vine tri ming, cost per hour: $ y6 4. Fall complete cleanup of sit to include disposal of all materials for a . I f "'2c::::.~ per-time ump sum cost 0 ~ ....... IV. Site 0: Riverside Cemetery 1. Mowing, weeding, and tri ming of weeds and grass to include litter and debris pickup and di posal for a per-time lump sum cost of $ c~ 2. Litter and debris picku and disposal separate from mowing ~\owQ..K, operations f r a per-time I mp sum cost of $ \_,.H'~..--,-~h.'>' , . cO ou..f d IS'U'S s,,'\ ~ Sa e., Spring complete cleanup 0 site to inclue disposal of all mqterials for \\ a per-time lump sum cost f $ "'\rw", \.~ .. '\C"I*, ~.. ~u It f A 1\ rta-r .~ \ \ '\ c...l G.-A 1"'1 ,.....q:> '. On "'-' ~ ~ ~ Fall complete cleanup of si e to include disposal of all materials for? ,,,,",..J\(((- per-time lump sum cost of $ ~';2.cx:.,<~" d\r:>?0~ft.\ or.. ..,.:,\-<... / ~uoo d\'SpO"';.O--\ o~ ". "5"'\ e. Le.~J\0;: 3. 4. V. Additional Services by the Hour List on the enclosed sheet a des ription of equipment and cost per hour at site, including fuel and operator and enclose the additional service sheet with the bid. 4. The Owner reserves the right to awar to the lowest responsible contractor as determined to be in the best interest of the City. The undersigned further proposes to ex cute the contract agreement and to furnish satisfactory certificates of insurance with n five (5) days after notice of the award of contract has been received. The undersigned further proposes to begin work as specified, to complete the work on or b fore dates specified. 5. C\OFFICEIJOHNI$PECSIMOWlAND.SPE 3/14/97 6"6-4- .4- . . . 6. In submitting this proposal, it is underst Jod that the right is reserved by the Owner to reject any or all proposals and to We ive informalities. 7. This proposal may not be withdrawn a ter the opening of the proposals and shall be subject to acceptance by the Owner f::>r a period of thirty (30) calendar days from the opening thereof. 8. If a corporation, what is the state of incorporation: ,....-- 9. If a partnership, state full names of aliI o-partners: ,..-- . /" OFFICIAL ADDRESS: c..A~'eE K..EE LA-vJ~ "S~RV It... F- po. 5cx \o~'2 .N\v......'\LCi:::.w....o::. I Ai'-t..j SS 11c2.'~ C:IOFFICEIJDHNISPECSIMQWLAND.SPE: 3/14/97 FIRM NAME: C-A\~Gc l=KcG L~wr,J "SG:ev'lcG. By ~~ A-mCL<;:;' \-<; , 1\ \ =- ..) Title cJ~\\.) G:.\Z-. By Title Date Ll - ;z. - S '""t 6&-5 .5. . . . CITY OF M NTICELLO MOWING AND LANDSCAP MAINTENANCE SERVICE BASE PROPOSAL. A DITIONAL SERVICE (To be attac ed to bid) IV. Additional Services by the Hour. EQUIPMENT DESCRIPTION A. Tractor Mowers: 1. FC\~S ,.., ~On" d-D L. 3. ~bn",,- D e.. 1-\a-o So B. Self-Propelled Mowers: 4. T)'~n 9r6\\~~~ 5. \ cxcJ Pco I, ~L.-- 6. C. Push Mowers: 7. J\.I\.TU L11' 8. D 21'( 9. D. Brush HOQ Mowers: 10. 11. E. Trimmers: 12. 5L\'\ L.{ " -\ HOURLY RATE AT SITE INCLUDING OPERATOR & FUEL '0 DOC ~oco 30..0 ~ocP ~o<'" 30<:10 '"So ..~ L.' I oOcO 3o~ -! 13. C:\OFFICE\JOHNISPECSIMOWLAND.SPE: 3/14/97 ~b~lo .6. . . . Carefree Lawn Service PO Box 1038 Monticello, MN 55362 TO: John Simola Roger Mack City Council Members DATE: February 1, 1998 RE: 1998 City Mowing Contract I would like to propose at this time a tw the City of Monticello. Based on thi expire at the end of the season in 1999 a increases. For the 1998 and 1999 season price agreed upon for the 1997 lawn seaso year contract for lawn service for recommendation the contract would d would not be subject to any price I would perform the services at the.. Over the last three years that I have h ld the city contract my crew and I have made every effort to perform top ali ty work. I can assure you that quality is very important to me and I will make every effort to ensure your satisfaction as well as my own satisfact on in the work performed by my crew and myself. Not only is the quality of ur work important to me, but I also pride myself on the fact that I try to minimize price increases unless absolutely necessary. Over the last thre years I have performed the services at what I would consider a fair price, wi hout any added price increases. I would greatly appreciate your considera ion in this matter. should you have any questions, please contact me at 263-8 66. Sincerely, James W. Owner ~6-? ~~ . 5C. . . CouncilAgenda-2/9/98 Church. (J.O.) Some time ago St. Henry's Church pre ented a request to eliminate the Fallon Avenue overpass. The request as due to the impairment of the view of the church from the freeway caused y the bridge abutment. As you may know, the Fallon Avenue bridge has b en in the Comprehensive Plan for many years and is an integral part of t e long term transportation plan for the city. Church officials were aware fthe bridge plans prior to purchase of the site. Additionally, prior to the req est, city staff had been working with the church officials to establish a desi that would be acceptable. The Planning Commission reviewed t e item at a Public Hearing with representatives from the Church on N vember 5, 1997 and tabled the item pending additional research on develo ment of a an acceptable bridge design. It became clear early in the discussion that the Planning Commission would not support elimination of the bridge, ut was very interested in developing a design that would work well with the hurch Plans. St. Henry's church requested that the item be continued hrough the next two regular Planning Commission meeting to allow more ti e for the Church Architect and the City Engineer to study bridge design ternatives. As a result of the additional study, th re appears to be a bridge design and alignment that may be satisfactory to the church and will meet the design requirements set forth by the city en neer. This design angles the bridge slightly and will likely result in the r location of the existing small city park located at the corner of 7th street and Washington. According to Bret Weiss, the cost of construction of the new de ign will not vary greatly from the original plan. Please note that a few days before th February meeting of the Planning Commission, I received a call from Jo Olson of St Henry's church requesting that the request be withd awn. Due to the fact that this request did not come in writing, the Planning Commission acted on the matter by denying the request based on the fin ing that the bridge is a necessary part of the transportation plan for the cit and therefore must be retained in the plan. . B. ALTERNATIVE ACTIONS: 1. CounciIAgenda-2/9/98 Motion to accept the recomme dation of the Planning Commission to deny the request based on the finding that the bridge is a necessary part of the transportation pIa for the City and therefore must be retained in the plan. If after additional study and ti e, the church finds the bridge unacceptable, a new request Ii r an amendment to the plan couId be requested. 2. Motion to approve the request based on the finding that the bridge is not a necessary component of he city transportation plan. 3. Motion to accept the withdraw I and take no action on the initial request. It could be argued that the req est was withdrawn verbally prior the planning Commission meeting therefore the item should not have been acted on by the Planning Com . ssion. Selection of this alternative leaves the door open to a futur request by the church in the event the preliminary bridge design doe not satisfy the needs of the church site. . The City Administrator and the Plan 'ng Commission recommend alternative 1. D. SUPPORTING DATA: Copy of Planning Commission previo s agenda item and minutes; Copy of correspondence from City Engineer 0 1/20/98, . 'J _ {~ . . . lanning Commission Minutes - 11/5/97 Bob Gruber, Scenic Signs, stated ther were many signs that came down during the storm and were allowed to be reconstructed except this one. Jeff O'Neill, Assistant Administrator, noted that the other signs had received variances previously whereas the Am riclnn sign had not. Grittman replied that the design of is sign is being changed from the sign that was destroyed so the application is processed as a new request. Tom Knopik, regional manger for Pe kins, stated he is not opposed to the variance as long as Perkins is grante a variance also because the new sign for Americlnn will block the Perkins ign. He stated Perkins has lost about 24% of their business since the sign as been down because a large majority of their business depends on freeway traffic. Dick Frie closed public hearing Dick Frie inquired where the city w s in the permit process with Perkins. Fred Patch, Building Official, stated he has been working with Perkins and their sign would not need a variance. After discussion on how the allowed sign height was calculated (according to the elevation of the 1-94 freeway r p on Highway 25) it was decided Americlnn would not need a varian e. ROD DRAGSTEN MADE A MOTIO TO DENY, SECONDED BY DICK MARTIE, THE APPLICATION FO A VARIANCE FROM THE CITY MAXIMUM 32 FOOT HEIGHT RE UIREMENT APPLIED TO PYLON SIGNS WHICH ABUT FREEWAYS BASED UPON THE FINDING THAT A VARIANCE IS NOT NEEDED. 6. Steve Grittman, City Planner, repo ted the Church of St. Henry has applied to the City for a change in the com rehensive Plan and Transportation Plan. The proposed change would elimin te the 1-94 overpass at Fallon Avenue, either removing it from the City's pans or relocating it to another location. The overpass is planned to cross 1- 4, intersecting with the proposed Pa e 2 ~,I @ . . <, . lanning Commission Minutes - 11/5/97 extension of 7th Street adjacent to th Church's property. The Churchhas apparent concern with the visual imp ct of the overpass, as well as the slopes from the overpass intersection with 7 h Street on their property. The Fallon Avenue overpass was designed to se e a number of transportation functions within the community. Seventh Stre t is an important connection through this area, allowing the development 0 industrial land east of the Church property and a parallel route for tra c currently using Broadway (CSAR 75). The City's Transportation plan l"sts the Fallon Avenue overpass as its top ranked project in the 2000-2110 t e period. John Simola, Public Works Director, tated he was one of the first contacts for St. Henry's. At that time many 0 tions were reviewed and found to be impracticable. The current site was und to be the best option. Bret Weiss, City Engineer, added the current plan has been in the works since 1989. The City met with the S Henry's building committee in February and the bridge was discuss d. The minutes from the meeting were written and distributed by St. Hen s architect confirming this issue. Chairman Frie opened the public he 'ng. Steve Conroy, member of St. Henry's, gave a brief history of the growth in the church that led to purchasing th land. Conroy stated the nature of the area has changed and it should be 10 ked at again, There would be about 1/3 of the land owned by the church tha would be unusable. Pat McGuire, architect for St. Henr s, showed examples of alternative designs for the bridge crossing and c nnecting streets. Weiss explained that the bridge was detrimental to the 7th Street crossing design. Weiss added if the engineer for St. Henry's have found something that was missed we would be willin to meet and discuss any new ideas however, any changes would requir MNDOT approval. O'N eill added one of the major func . ons of 7th Street is to route a portion of the traffic off of Broadway, traffic fr m East 39 will be routed on 7th Street to Highway 25 instead of the current roadway or County Road 75. This is an important part of the MCP plan. Father Maus, priest for St, Henry's, the church has about 1400 families, 1100 children in religious programs, and owing each year by 80 to 100 families. ~ C .... ,., ci) . . lanning Commission Minutes - 11/5/97 St. Henry's is going to be a large port' on of the city for a long time. The church does many good things in the ommunity. 7. . Chairman Frie closed the public he Richard Carlson stated the City does eed to work with the church but the bridge has been on the books for a 10 g time. I do not have any specific on the elevations. J on Bogart replied the Fallon Overp ss has been in the Transpiration Plan for a long time. He wanted the item abled to allow staff and St. Henry's to meet and discuss the options in more detail. Dick Frie asked the applicant if the 1 nd was purchased on contingency and if the church knew of the overpass. Conroy answered that the land was ot purchased on contingency and the church did know about the bridge b t did not anticipate the amount of impact to the property. JON BOGART MADE A MOTION T TABLE, SECONDED BY RICHARD CARLSON, THE CONSIDERATIO OF AMENDMENTS TO THE CITY OF MONTICELLO TRANSPORTATIO PLAN AND THE COMPREHENSIVE PLAN FOR REMOVAL OR RELOC TION OF THE FALLON A VENUE/I-94 OVERPASS PROJECT FOR THE F LLOWING REASONS: FffiST-TO ALLOW THE CHURCH AND CITY STAFF TIME TO WORK OUT THE DIFFERENCES; SECONDED-REV EW THE IMPORTANCE OF THE 7TH STREET CONNECTION IN REG DS TO BROADWAY; THffiD-REVIEW THE EFFECTS OF THE 118 INTE CHANGE. Motion passed Wlanimously. Steve Grittman, City Planner, repo ed the City Council has recently approved the adoption of the MCP, onticello Community Partners, Plan as an amendment to the City's Compr hensive Plan. This report provides a conceptual outline of a proposed zo 'ng district which would be designed to implement the MCP Plan. In addi . on, we have developed ordinance text language for a new zoning district. Rather than attempt to adjust one of the City's current zoning districts, we ould propose to create a new district ~6'~ ci--) . . . Planning Commission Agenda - 11/4/97 6. Applicant: The Church of St. Henry has applied to the City for a change in the Comprehensive Plan and Transporta ion Plan. The proposed change would eliminate the 1-94 overpass at Fallon Avenue, either removing it from the City's plans or relocating it to anothe location. The overpass is planned to crosS 1-94, intersecting with the prop sed extension of 7th Street adjacent to the Church's property. The Church as apparent concern with the visual impact of the overpass, as well as th slopes from the overpass intersection with 7th Street on their property. The Fallon Avenue overpass was des'gned to serve a number of transportation functions within the ommunity. It connects traffic along the planned 7th Street route with the gr wth area south of the Interstate. This area includes the Industrial Park, t e new school campus, and the significant levels of residential growth along Sc 001 Boulevard on either side of Fallon. Currently, the primary access for m ch of this area is via TH 25, requiring a high degree of local and regional tra c mixing. The current alternative is County Road 118, which puts traffic several blocks east of the activity centers, particularly the downtown rea. Seventh Street is an important con ection through this area, allowing the development of industrial land east f the Church property and a parallel route for traffic currently using Bro dway CCSAR 75). Seventh Street and Fallon connect with Washington, w ich provides access to Broadway near the current high school and hospital sit s, as well as the downtown commercial area just a few blocks to the west. onvenient access to the downtown is a major objective of the recently-adop ed downtown revitalization plan. The City's Transportation Plan lists the Fallon Avenue overpass as its top ranked project in the 2000-2010 ti e period. Its benefits include improvements both to local circulat' on and to reduced congestion on the state trunk highway system. The City's omprehensive Plan adopts the Transportation Plan recommendati ns by reference and has developed a land use plan with consideration of the t ansportation system's long-term development. The significant amo t of residential development flanking the Fallon/School Boulevard inters ction area will be dependent upon the overpass to provide convenient acc ss to the hospital and the downtown area. 5 sc;+ Planning Commission Agenda - 11/4/97 . Alternative locations for the overpass are either not available or not suitable. Moving the overpass to the east woul defeat the benefit of the Fallon alignment by placing it too close to th existing 118 overpass (soon to be interchange). A more easterly locatio would also reduce the access to Washington via the 7th Street conne ion. It would cause connection problems on the south side of the free ay as well. A more westerly relocation would not be practical due to the lack of connection to any north/south street south of the freeway. The poor conne tions for either relocation would substantially inhibit the traffic bene t of the overpass. B. ALTERNATIVE ACTIONS: 1. Motion to approve the applicat on for amendments to the City's Comprehensive Plan and Tran portation Plan by deleting references to an overpass of 1-94 at Fallon enue, based upon the finding that the project is not necessary to achi ve the objectives of the City's Comprehensive Plan, and that the pedestrian and vehicular circulation functions of the pr posed overpass can be more effectively accomplished through alterna ive projects. 2. Motion to deny the applicatio for amendments to the City's Comprehensive Plan and Tr sportation Plan by deleting references to an overpass of 1-94 at Fallon venue, based upon the finding that the amendment would interfere th the ability of the City's transportation system to han e and distribute both pedestrian and vehicular traffic, and that the land use pattern south of the freeway has developed in anticipatioin of the proposed Fallon Avenue overpass. . Staff recommends denial of the requ sted amendments. As noted in the body of this report, the Fallon Avenue ov rpass has been a key component of the City's transportation planning, both in terms of distributing local traffic, providing pedestrian access, and m naging impacts on Trunk Highway 25. Moreover, the high levels of develop ent south of the interstate have been accommodated with the understand ng that additional connection to the City's primary service areas (hospit 1, downtown, etc.) will be enhanced through the Fallon Avenue project. Removing this project from the transportation network would comp omise all of these objectives. D. SUPPORTING DATA: . Exhibit A - Transportation Plan 1m rovement Projects - Table 6 Exhibit B - Area Map Exhibit C - Relevant Comprehensiv Plan Text Memo from City Engineer 7th Street Extension Alternates 1, ,and 3 ~;( . . j/ 'j ::/ TABLE 6 MONTICELLO TRANSPORTATION STUDY TRANSPORTATION IMPROVEMENTS TOTAL ESTIMATED RANK FACILITY SEGMENT IMPROVEMENT PROJECT COST 1994 2000 l I 1 CSAH 75 Hart Blvd. to CR 39/CR 118 Reconstruct to 4 lanes $ 1.000.000.00 (1) 2 CSAH 75 Hart Blvd. to Existing Front. Rd. New 2 lane Roadway $ 300.000.00 (2) No. Front. Rd. 3 CR 118 ' 1-94 Interchange Add Westbound On-Ramp and $ 400.000.00 (3) Eastbound Off-Ramp 4 TH 25 Oakwood Dr. to CSAH 75 Traffic Signal Improvements and $ 100.000.00 (4) Timing 5 CR 118 CSAH 75 to School Blvd. Widen to 4 lanes $ 1.000.00.00 (1) 2001 -2010 Ij€ 6 Fallon Ave Chelsea Blvd to 7th Street I -94 Overpass .. $1.000,000.00 7 TH 25 School Blvd to Oakwood Dr Widen to 4 lanes with Turn lanes Sl.500.000.00 8 CSAH 75 CSAH 39 to 1-94 Westbound Widen to 4 lanes S700,000.00 Off.Ramp 9 CSAH 75 1.94 Westbound Off.Ramp Traffic Signal S100,000.00 10 CSAH 75 Washington Street Traffic Signal Sl00.000.00 11 CSAH 39 Elm Strret Traffic Signal $100.000.00 12 TH 25 School Blvd , Traffic Signal S100,000,00 13 CSAH 39 7th Street Traffic Signal S100.000,Oc 14 CSAH 39 CSAH 75 Traffic Signal S100,000.OC 15 Cedar street Dundas Rd. to School Blvd. New 2 lane roadway S500.000.0C (1). City would pay Storm Sewer and Curb and Gu t er Costs only. (2) - City would pay Total Cost. (3). City would pay 20% plus Engineering Costs ani) . (4) - Mn/DOT may pay Total Cost. -- 5~~ . .. OSM Project No. 5105.00 Page 44 EXHIE I TA - TRANSPORTATION STUD'~ , . n_. - . I ..~~'/ A" '/ . ----~ L, _ ~; I / I'/, I :- I~ [, 'II "I I 7< ! 'E":- . --/--- i i I I I I ,_ ---T '-- -7 .~.~ EXHIBIT B ... AREA MAP j .J J .J -J J . -] 1 1 -1 . J -1 Community Facilities J Monticello's Community Facilities include a wide array of physical public services, such as streets, sanitary sewer, water, storm water control, fire response, administrative buildings, senior services, and parks and recreations. This range of services and associated facilities has been made a regular part of the City's review and planning, particularly through capital facilities planning and budgeting on the part of the City Council an Staff. Over the last few years, a significant amount of effort has been directed toward t~ansportation planning, sanitary sewer, water, and storm water control planning, and a major effort is currently imderway to plan for the upgrade and expansion of the City's sanitary sewer treatment facilities. J ] Apart from the areas which have been, or are being currently studied, the area of primary comment during the initial Tactics interviews concerned parks and recreation planning. The engineering studies regarding the other topics are adopted in the City's Comprehensive Plan by reference, combined with the issues and comments made in this document. Existing Park System 1 The City of Monticello provides as number of recreational facilities within the City limits in addition to facilities located on School District property. Also available to the City's residents is the Montissippi County Park (within Monticello corporate boundaries), operated by Wright County. The State of Minnesota operates Lake Maria State Park, just west of Monticello and Sand Dunes State Forest to the north in Sherburne County. Other regional parks and open space areas near Monticello include Sherburne National Wildlife Refuge, and two Hennepin County 1 Monticello Comprehensive Plall DI!\'t!/opl/lellt Frmlli!work EXHIBIT C - Di!velopl/le/JI Framework Page 25 regional parks, Crow-Hassan Park Reserve and Lake Rebecca Park Reserve. These facilities provide a wide range of recreational opportunities and environments. The current Monticello parks system has benefitted by the City's subdivision ordinance requirements for park land dedication or fee payments in lieu of dedication. Further dedication will be necessary as the community grows through continued dedication and monitoring of recreation needs for new subdivisions. t. The City has a sufficient amount of neighborhood parks in areas of recent development due the land dedication requirements. However, there is a general lack of neighborhood parks in the older developed portion of the community. This issue will become more important if these areas provide some of the family housing in the community, due to the need for close proximity of park areas for young children. From a policy standpoint, access to possible neighborhood park sites fonn these areas of fewer parks will be an important focus of the City's pathway development planning. Bridge Park As noted in the Inventory and Policy Plan, Bridge Park is a strong focal point within the City and important to its neighborhood as well. The park represents the City's entry at the Mississippi -River, and is near the major intersection of Highway 25 and Broadway Street, the center of the downtown area. In addition, Bridge Park offers an accessible connection to the river - an amenity that very few cities can match. In its .. !t...1 OMPREHENSIVE PLAN TEXT . . . A WSB 350 Westwood L ke Office 8441 Wayzata oulevard Minneapolis. N 55426 B.A. Minelsreadr, P.E. Brer A. Weiss, P.E. Peter R. Willenbring, P.E. Donald W. Sterna, P.E. Ronald B. Bray, P.E. & Associates, Inc. 612-541- 800 FAX 541- 700 Memorandum To: leffO'Neill, Assistant City Admin straMr City of Monticello /? Bret Weiss, Monticello City Engin er ' 0~ Charles Rickart, Transportation ngine'!r From: Date: October 30,1997 Re: Fallon Avenue Overpass WSB Project No.1 01 0.44 In an effort to respond to the request of St. Henry's Chmch to eliminate the proposed Fallon Avenue overpass, we have prepared some visual aterials, as well as provided the traffic analysis contained herein: The visual materials at are attached show the three alternatives that were considered for the overpass at this location. John Simola looked at other locations east of Fallon Avenue, however, not only was the traffic irculation less desirable, the impact to the property on the north side ofI-94 was also greate . Therefore, in February, 1997 we presented Alternative 2 to the church as to what had been 0 . ginall:r considered for the overpass and 7th Street. This option cut into their site significant! and sc they asked us to study other options. Alternatives 1 and 3 were then explored, and Alt rnative 1 was proposed to the church. We decided, from an engineering standpoint, that Alt rnative 3 could not be effective and negatively impacted the church site. All of these alternative resulted in reduced visibility for the church, but it was our understanding from our meeting 0 Mard: 4, 1997 with the church, that Alternative 1 could be viable. Recently, the ch h stated that not only was Alternative 1 not viable, no overpass would be viable from their st dpoiI:t. The following discussion will explain from a traffic analysis standpoint why this overp s is necessary. The City of Monticello developed a transportatio plan in. 1994 which addressed the transportation needs of the City through the year 2015. The Fallon Avenue overpass was identified as an integral part of the future transpo ation ::ystem in the City. The study included numerous alternatives for sy tern improvements. In each transportation system alternative (option) studied as part of the ansportation plan, the Fallon overpass provided traffic relief to TH 25 and CR 118. Th purpme of this memorandum is to expand the analysis conducted as part of the transportation Ian and to discuss the impacts of the proposed overpass with respect to the overall transportatio system. Infrastructure En 'neers Planners EQUAl. OPPORTU lTY EMPLOYER sc/l F:\WP WfNl/ Of O.44\fOJ097.bw ~.. ~ . . . Jeff O'Neill, Assistant City Administrator City of Monticello October 30, 1997 Page 2 A traffic analysis was conducted as part of the City's Tnnsportation Plan for the entire Monticello area. This analysis included developm nt of projected traffic volumes based on proposed future land use in the City and surroundi g arelS. It also identified roadway deficiencies which lead to the development of prop sed 'ransportation system improvements outlined in the transportation plan. The transportation plan projected a City populatio in th~ year 2015 of 13,300. This assumed an additional 1030 single-family homes, 490 multi-f: ily (nits, and a 2000-student high school. Three specific improvement options were analyze as part ofthe transportation plan. They were: 1. Development of the CR 118/1-94 Interch 2. CSAR 75, Hart Boulevard to C8AR 39, wi enin~ to four lanes 3. TH 25, south ofI-94, widening to four Ian In all three of these improvement options, roadwa deficiencies were identified on CR 118 and TH 25. Possible mitigation measures for dealing ith these deficiencies listed for all options included the completion of the Fallon Avenue ove ass. For the purposes of this study, a fourth improvem t option was developed and analyzed which assumed that all improvement options 1,2, and 3, ere (:ompleted. This option analyzed the transportation system with and without the Fallon vemle overpass. The results of that analysis are as follows: Without Fallon Avenue Overpass 1. The Average Daily Traffic (ADT) volume nTH 25 at 1-94, in the year 2015, is projected to range from 17,500 vehicles per day (vpd soutl ofI-94 to 28,500 vpd north ofI-94. 2. The ADT volume on CR 118 at 1-94, in th year W15, is projected to be 13,400 vpd. With Fallon Avenue Overpass 1. The ADT volume on TH 25 at 1-94, in the ear 2')15, is projected to range from 16,000 vpd south ofI-94 to 27,000 vpd north ofI- 4. The ADT volume on CR 118 at 1-94, in th year 1015, is projected to be 9,500 vpd. 5C' ~O 2. F:IWPWlMIO/O.44\/OJ097.bw ..... . . . Jeff 0 'Neill, Assistant City Administrator City of Monticello October 30, 1997 Page 3 3. The ADT volume on the Fallon Avenue 0 erpas~ at 1-94, in the year 2015, is projected to be 5,800 vpd. Conclusions Based on the traffic analysis conducted, the folIo ing ccnclusions can be made: 1. TH 25 is a regional Trunk Highway servo g the area between TH 55 and TH 10. TH 25 is planned for reconstruction in 1998 usin Fedetal ISTEA Funding from 1-94 south to Kjellberg's Park. The improvement will ot impact 1-94 north on TH 25. As traffic increases on this segment, additional imp ovements will need to be considered for TH 25 north ofI-94. The addition of the Fallon Avenue overp s wou d provide some relief to TH 25, specifically, in that some of the local trips will b(: removed from the regional traffic on TH 25. Mn/DOT, during the review ofth City':; Transportation Plan, did react that they were in favor of the Fallon Avenue overp s as a relief to their trunk highway system. 2. CR 118 is a county road that currently te inate~ at CSAH 39 north ofI-94. Currently no direct access exists to 1-94 from the 0 erpass. However, an interchange with access to 1-94 is being considered for this locatio . The traffic on CR 118 over the next 15 to 20 years will increase 200% - 300%. Thi will h~ the primary north-south route from the development south ofI-94 to areas north fI-94. With this increase in traffic, potential major renovations of the CR 118 bridge ill be r'~quired. By providing the Fallon Avenue overpass, this volume will be si . ficant -y reduced by providing for the local trip destined to or from downtown Monticell . Thislccess will also provide for commercial and school traffic between north and sou Monticello. 3. By providing the Fallon Avenue overpass an addltional connection between north and south Monticello can be computed. With the ext'~nsion of 7th Street to CSAH 75 and the future extension of Chelsea Road to TH 25, this connection will be a vital part of the transportation system within the City Ii 'ng the two "frontage roads" ofI-94. The MCP plan identified minimizing the ck traffic on CSAH 75. This overpass, in conjunction with the proposed 7th Street c nnecti:m to CSAH 75, will provide for a direct link to the City Industrial Park. 4. ~ c....., l F: IWPWlNl /O/O.44\/OJ097.bw .... . . . Jeff O'Neill, Assistant City Administrator City of Monticello October 30,1997 Page 4 Recommendations Based on the analysis of traffic data and the concI sions stated above, it is our recommendation that the Fallon Avenue overpass be developed to p ovidf relief to TH 25 and CR 118, as well as providing for local access between north and sou Monticello. lv/nm ~e"'\~ F:\WPWTMJ OJ 0.44\1 OJ097.bw ~. ~ . I I / / 7th Street Extension - Alternate Number 1 "'" % ~ ~ ~ <& \-. \ \ \ : '\ . . \ .-- ,.po ~....."'---- /' -~:\ r-\ '.. -', .//1 ,_~._/ \ />G:~s:.,.\l:,~..' J i >//,~~---~-= - ,"".._,,.,_..,,,.__., , \ I /' j \_ // : /y;f 'i >r----\;C-~/~<q/~'?\ /- \:, - \ __._ .-' \-v' .,---. c;\' . '; I \' . ,. , } /:<?<_-=-~:~-l--<~' '\ ': - '\ :\( \- <\ ' , ' :~~~~\-:~-.?\:~ c~ \\\'\.'- \1\\\'>/0'.> ,:1./1 ... ~~ . \\' \ ~ ! !~ ,,,"/ /. / i ~~;~c,< j! iiP/~; , . S~) ~~~--:~-=j) /, /.~iU%:~;i-:-:= / -~-- .. _~._.~_~___~~_____&_______~___~~__._r_ ~~_~~_______ j \ I ~-----~~:~- :-=-'-.':'=~~~~~i:~~T~~~-=:,;:..~'",- Ie =~~f~~f~~~~~~~~~~~~~~~ I ! I \ ~-~/- //- \ ", \ \ \ \ 4,P'It. \ '.--., X EDGE OF SLOPE " \ COULD SUBSIJruTE , ,A RETAINING WALL \ '/ I '" ~".i.~ : "\ ~ ~ I / - , , /'( \ ~ ~:~.~~-.~~~~~.~~~ - ._ .u"".:."., ".~,,-'''- ~~~:J;:;.~~~.ii~~~~~~;Ef:-5-.N-'~-'~:'_'" * ._.~:=---=== i ~ 1- [--_.~. "\~il I ') ~I I ]j 'h i' 'I '~I , I -'-,>, ---- -------- --, i Iii -- --- - ~ w- .- ---::_-::.--i-:-~:-":'~~~lsea ',","~'- -~---------~--~.---::-=~:~~-_. ~// ADVANTAGES 1 MORE USABLE AREA. 2 PROPOSED CHURCH PARKING LOT AND DRIVEWAY LOCATIONS REMAIN MOSTLY UNCHANGED. 3 LESS DISRUPTION OF PROPERTY. 4 LESS EXPENSIVE BRIDGE CONSTRUCTION COST. 5 LESS TREE REMOVAL REQUIRED. DISADVANTAGES LESS CHURCH VISIBILITY FROM EAST BOUND I 94. 2 MORE FILL REQUIRED TO RAISE 7th STREET, 3 5% SLOPES ON 7th STREET ON EACH SIDE OF FALLON AVE.. <;c~ ad MONTICELLO CITY OF MONTlCELW 2'10 E>stllmodway P.O. Box 1141 Ioalieollo, Mo- 1136l City of Montie 110, Minnesota .... ...-...~ WSB '=== ~ O12-64t-4llOll ........-.-,IIC F'N."'-ll"l;lJ IWRAlltAlA:tuRE . ~ . jIIUHHf'" . 5C~~ . / // -.-- ._-,. --- "--,,,.,,,._-,--,,,~,,-_.....------'-._-'-"-----""'--'--_. 7th Street Extension - Alternate Number 2 \-\" " I , \ I. \ " - ~\ .__--. '\-T-'~'- )..... / f " /-r.. I 'I / j- ~~~~ri~~~~~i~~;~~~. ~si~a~#afl-~---~-~- _~~:~~i~=~~~~~~f~~~;~;~::;~-:;~~:'~~~ ____.- "-"--;-:3--"-"-"' 'j!l \ \--_. \!\ i II i 1 \ 'j" ~\' 1,1 1'1I ! /11. . I -~JWJ U----- -.-",:'~:::-i:::"=-.::-.: Che aRoad ,/'/ ADVANTAGES 1 FLATTER STREET GRADES ON 7th STREET. 2 LESS Fill REQUIRED FOR OVERPASS, 3 SUGHTL Y LOWER SHORT TERM COST, 4 MINIMizes SEPARA-re UTILITY EASEMENT FOR U1lLlTY EXTENTlONS, DISADVANTAGES DISPLACES A PORTION OF PROPOSED CHURCH PARKING LOT AND PROPOSED FUTURE EXPANTION. LESS USABLE LAND. 2 ACQUIRE MORE STREET RNV ON INPLACE 7th STREET. 3 MORE TREE REMOVAL REQUIRED. 4 MORE NUISANCE CURVES IN 7th STREET REDUCES THE EASE OF TRAVEL BY TRUCK TRAFFIC. * MONTICELLO CITY OF MONTICELLO ZlOEootOn>Odwly P.O. Box 1147 'Dioello.~ ll362 City of Monti ello, Minnesota .. .....:~"::': w..<:B -....""" ~ ~~t-4llllll .~k 'Jllf.1IiI1-IffiI ~ - DIOIHW't - ~ -.---- .-. .-. -~ --,- .-,.-- -.-. -.,-. ."--- ---. -- .-- .-....---. --", .--.. . "c~ ,~ . I :/. 7th Street Extension Alternate Number 3 _._l-. . , .\ i.... )...... .J------,. r'--' / j \ I \ t- - , '\\--' --\\ \ -\ \ /1 f I / " I \ ) , \' ( \, c.,. ( I - --'=--=---=--::'===-'''-~I-- - -- - - ~_~._7~_~__r__~~_.___._ -~--~--- J-__ ~ ----==-=~=~-=:~=..::.,=.;=~=..,:..- ~-- ~~~=~-_=c --_._.~----~~=.~---_.- I I I ------.---.-. '..,---- -:Z~~~=_~2~~;C"~i.~2t~~~~~~s.~~~~~(~~'.?:~~;i;;~t~~~-~~~~~; ~ _ ___ _ r_~~-_=.:=_:=: _ _ _ _ _ __~. ~ _ _. ~~~-~=__~.=_..~.,~.=_=_=_=_-_=_==~~-'~__::;:_:,,~,::'~~. - - ~ w ~ - ~ - ~ O='"E-"=====- . _===_~--~~ ~~:tl_~_~.~:--t_~~.~_E.~=-.-~_!-.-.--_-.~--.~_~.-_._- ~_l..~.:~_~_~_~_~.~.:.\'.'_~.~..~_.~_~.:~~.~.~.-~_:~--.~.'..~_-...~.~.'.'~..~.=_.f.~.-'..~..:.~'.~_-._..'-t-~~_~.,_~.~ :,'.'.,-.~._..-_..~.-:._~.~...-~-.-~-~'-~.--~_'~_".'~.-_'~_~_:_:-'.~_'~.~,-.~.c--.;._~.if_~~._.~-~.~_".~_.~.:.~.o:~.~:.~.~.__:.-.-.~.=.-;_-' -. ._~ -.~-_.'. ~:~~~~~~~~~:'/.i~~,~.:::.~ _ _'=."..:- --= ,.' ~~_.'-""- ,'~- - - _ '__ _ _ _. . , ,I ..,.',/ 453.7'1l. ADVANTAGES 1 BETTER V1SIBIUTY FROM EAST BOUND I 94. 2 LESS FILL REQUIRED FOR OVERPASS. 3 POSSIBLE BUILDING SITE EAST OF OVERPASS AND EAST OF 7111 STREET. DISADVANTAGES 1 THE GRADE FROM FALLON AVE (SOUTH) TO INPLACE 7111 STREET GREATER THAN 5%. WOULD HAVE TO RAISE INPLACE 7th STREET TO WEST OF FALLON AVE (NORTH) TO GET 5% GRADE. 2 HORIZONTAL CURVE OFF BRIDGE TO SOUTH. 3 DISPLACE A PORTION OF PROPOSED CHURCH PARKING LOT AND PROPOSED FUTURE EXPANTION. 4 LESS USABLE LAND. S ACQUIRE MORE STREET RNV ON 7111 STREET. S HIGHER BRIDGE CONSTRUCTION COST DUE TO 7 ADDITIONAL LENGTH. 8 MORE TREE REMOVAL. 9 NUISANCE CURVES IN 7th STREET - REDUCES THE EASE OF TRAVEL BY TRUCK TRAFFIC. fir MONTICELW 000 CITY OF MONTlCELW 2SO EaIl Bmodway P.O. Bodl47 >Ioolioollo. Miooooola ll362 City of Monti ello, Minnesota . "t.."=..'== WSB "-".""" ..iiiiiiiiiiiii 'l:1>l:1111-1it11l ....a-.h:. FA.V:"',.,.1l;1;1 ~AI:. . ENOIIEQUI . P\..ANNUI.S . fC...\ ( . . . .. WSB 350 Westwood ake Office 8441 Wayzata Boulevard Minneapolis, N 55426 B.A. Mittelsteadt, P.E. Bret A. Weiss, P.E. Peter R. Willenbring, P.E. Donald W. Sterna, P.E. Ronald B. Bray, P.E. 612-541- 800 FAX 541 1700 & Associates, Inc. January 20, 1998 Mr. Jon Olson St. Henry's Church 501 4th Street West Monticello MN 55362 Re: Fallon Avenue Overpass / 7th Street WSB Project No. 1010.44 Dear Mr. Olson: Attached please find a copy of a letter received fr m MnlDOT District 3 regarding the underpass option for the Fallon Avenue extension. As we dis us sed previously, while MnlDOT has not stated a great concern for the underpass consideration the br' dge construction costs and resulting storm sewer extension all the way to the river make this option nfeasible from the City's perspective. During a meeting in December you requested that we explore a Fallon Avenue overpass along the north-south extension of Washington Street. This option has be n explored previously by City Staff. We came to a similar conclusion to City Staff that, due to the we 1 field location adjacent to Chelsea Road, where the intersection of Fallon Avenue would need to be placed, this option cannot be constructed. We are, therefore, moving forward with a layout of n at-grade 7th Street with a slightly angled Fallon Avenue overpass as was previously provided to yo . We need to research removal of the park that would be impacted by this new alignment along with speak to the affected property owners. Following resolution of this alignment the Feasibility Report fi r 7th Street can be finished. Please provide us with as much information as you c n regarding your design drawings for the church and plans for the proposed senior housing facility. hat information would be extremely helpful to us as we finish the 7th Street Feasibility Report. Please give me a call if you have any questions or omments regarding this letter at 541-4800. Sincerely, ~iCJ:C Bret A. Weiss, P.E. City Engineer c: John Simola, City of Monticello Jeff 0 'Neill, City of Monticello Sc,-I b Iv Infrastructure En 'neers Planners EQUAL OPPORTU ITY EMPLOYER F: IWPW1M/010. UIf)/ Z098ft> . se.., 1 .. . . . . . t~ Minnesota Department of Transportation District 3 3725 12th 81. N. PO. Box 370 81. Cloud, MN 56302 December 10, 1997 ?tcC.::N\;.V Ute ? ,QQl Mr. Bret A Weiss, ~.E. WSB and Associates 350 Westwood Lake Office 8441 Wayzata Boulevard Minneapolis, MN 55426 ~-r'!~ .... r> r.\~., t",-, l'\ ; c",U\) , ,r,r.t.'l, n. t'''~'-<. \r.;~ ...~~\ '~..l ... Re: 1-94, C.S. 8680 Fallon Avenue Overpass, WSB Project No 1010.44 Dear Mr. Weiss: Tel: 612/255-4181 Fax: 612/255-3257 Toll Free: 1/800/657-3961 District three of the Minnesota Department of Tram~ ortation (MnlDOT) has reviewed your November 12th letter in which you requested MnID T input on the feasibility of a Washington Street underpass ofI-94. District three has several c ncems regarding the construction of an underpass at Washington Street. The first concern is the long term cost for MnlDOT f maintaining additional bridges. Although it is MnlDOT's understanding that the proposed underp s would be constructed and funded by the city, the long term costs associated with the bridge main nance would be the responsibility ofMn/DOT since the bridge would become part of the interstate system. The second concern is the disruption to traffic on 1- 4 if an underpass were to be constructed. Construction of an underpass would require much ore disruption to the traffic on 1-94 than would an overpass. Due to the high traffic volumes on 1-9 , especially during the summer recreational season, it is unlikely that the number ofI-94 lanes p sing through the construction zone could be reduced for an extended period of time. Therefore, safe design for construction zone traffic would have to be developed. The anticipated construction zone impacts associated with building an overpass are anticipated to be minimal, since no rec nstruction ofl-94 would be anticipated. The third concern would be with regard to drainage Construction of an underpass could have significant impact on the grades in the area and thus affect the storm water drainage. Please consider these concerns as you decide wheth r or not to proceed into a feasibility study for a Washington Street underpass. If you have any ques ions please call. Sincerely, /(~ Terrence 1. H mbert Planning Eng" neer cc: 1.T. Povich D.A Solsrud RM. Idzorek An equal opportunity employer ~e" I . . . 5D. Conncil Agenda - 2/9/98 (J.G.) City Conncil is asked to consider ado ting the attached development agreement governing connection ofK ellberg West to city services. This agreement is based on previous actio by City Conncil on a conceptual plan outlining the terms of the connection In recent months, city staff and Kjellberg have been working toward evelopment of a specific agreement that reflects the concepts previously pproved by Council. Kjellberg has indicated agreement through his si ature on a draft of the agreement. Please note that the previous Connci action locked in the fees below based on an agreement being executed by ecember, 1997. It is the view of the City Attorney that the agreement wa received by I\jellberg prior to this date and therefore the City would be reas nable to follow the 1997 fee schedule accordingly. If, however, there are a y delays in obtaining execution of the development agreement, then Kjellb rg should be subject to the 1998 fee program. Highlights of the agreement include: . Kjellberg provides $225,000 ca h deposit to fund connection fees. . Kjellberg accepts a $75,000 as essment to fund area trunk fees. . Kjellberg provides a $30,000+ eposit to guarantee payment of interest payments on the cost to exten utilities to the site. . Kjellberg accepts city construe ion of the metering station and utilities serving the site. . Kjellberg pays interest expens for a period of 8 years on the city cost to extend utilities to the site. . The city installs utilities to th site following a future road alignment. B. ALTERNATIVE ACTIONS: 1. Motion to accept development greement. a. Motion should be contin ent on development of an addendum or second agreement gove ing maintenance of the private . CounciIAgenda-2/9/98 metering station. This a eement to mirror the agreement governing maintenance f the private metering station at the Kjellberg East Park. b. Motion also contingent 0 modifications as directed by Council. John Simola has noted a few modifications that could be made that do not appear to al r the intent of the agreement but could serve to clarify the agre ment. During the preparation of this memo, I am discussing t e items with the City Attorney. Under this alternative, the dev lopment agreement will be signed at such time that Kjellberg provi es the city with $225,000. A meeting with Kjellberg is planned for T esday, February 10, 1998 for the purpose of executing the agree ent. Under the development agreement, the developer has 0 days to petition for utilities and annexation. It is expected tha the petition will be forthcoming. . In conjunction with future ana ysis of the sanitary sewer alignment, city staff may be proposing tha the city property be platted for development. At a minimum, sketch plan will need to be developed that shows how the city proper y could be subdivided. This analysis will be done in conjunction wit ongoing discussion relating to development of industrial prop rty and will take into account potential for utilization of the site as a I cation for bulk tanks, Ferrellgas, or truck depot (Danner, Ritze, Li fert etc). 2. Motion to deny approval of the development agreement as suggested. Council should select this alte native if it feels that the agreement does not reflect Council directi n. The City Administrator recommends ternative 1. D. SUPPORTING DATA: Copy of Development Agreement; Co y of meeting minutes from previous Council action; Copy ofletter from Ri k Wolfsteller to Kent Kjellberg. . .. . . . DEVELOPMENT GREEMENT KJELLBERG WEST MO ILE HOME PARK this day of CITY OF MONTICELLO, a laws of the state of INC., a Minnesota Agreement made and entere into , 1998, by and bet een the municipal corporation organized nder the Minnesota (the "City"), and K ELLBERG'S, corporation (the "Developer"). R E C I TAL S: WHEREAS, the Developer reque ts the City to extend or allow extension of sanitary sewer ser ices (the "Project") into the mobile home park presently consi ting of units known as Kjellberg West Mobile Home Park (the "Mobile Home Park") and legally described on Exhibit A at ached hereto; and WHEREAS, the Mobile Home ark is outside the corporate boundaries of the City and the De eloper wishes to have the Mobile Home Park annexed into the City; nd to extend City sanitary sewer under the terms and conditions WHEREAS, the City is willin service into the Mobile Home Par set forth in this Agreement; NOW, THEREFORE, it is hereby agreed: 1. A. The City shall cons ruct a sanitary sewer main from its present location to a point on the northeast corner of the Mobile Home Park as indicated on he attached Exhibit B and shall construct the interconnection bet een the main referred to in this paragraph and the main referred t in paragraph 1.D. B. The main shall selected by the City running thro land owned by the City (the "Cit Exhibit C attached hereto. constructed on an alignment gh a GO acre parcel of unimproved Land") and legally described on C. The City shall construct and install a sewer metering station on the Mobile Home Park pr perty which, upon completion and acceptance by the City, become a art of the real property on which the Mobile Home Park is located nd shall become the property of the owners of the Mobile Home Par as their interests shall appear. Prior to opening the connection rom the metering station to the City sewer, the Developer shall p y the City an amount equal to the costs incurred by the City in co structing the metering station. If the Developer fails to pay t ese costs within 30 days after demand by the City, then the City may withdraw those costs from the security posted in accordance wi h paragraph G.D. SD') ').-S'-1'W . . D. The Developer shal install and construct and pay for all sewer mains and laterals w thin the Mobile Home Park as are necessary to provide the Mobile Home Park with adequate sewer service in sufficient time to p ovide for the interconnection between the main referred to herei and the main to be built by the City on or before January 1, 19 9. In addition, the Developer shall, upon the request of the Cit , build the main large enough to accommodate further expansion out ide the Mobile Home Park. The City shall pay the Developer an a ount equal to the increase cost caused by the City's request. 2. A. Subject to the te ms of this Agreement, the City shall construct the main outside he Mobile Home Park as a public improvement pursuant to Minnesota Statutes Chapter 429. B. The City may sell onds to finance construction of the main and the Seller shall p y, as a special assessment, an amount equal to the interest rate on the bonds plus 1 1/2% per annum. If the City sells bonds t at cover more than one project, the Seller shall be required to p y interest on only that portion of the bond attributable to this roject. C. The City contempl tes that the City Land will be subdivided into smaller parcels t at the City will convey to third parties. Upon subdivision of the ity Land, the City will reassess for the main, assessing all the principal to the City Land, but the Developer shall continue to pa interest as provided in this paragraph 2. Upon conveyance of arcels to third parties, a pro- rata share of interest and prin ipal shall be assessed against those parcels, and the obligati n of Developer to pay interest shall be reduced accordingly. Up n transfer by the City of 50% of the area of the City Land, the Developer's obligation to pay interest pursuant to this paragr ph 2.C. shall terminate. In no event shall the Developer's ob igation to pay interest extend longer than 8 years. 3. A. The Developer hereby grants the City, its agents, employees, officers and contrac ors an easement and license to enter upon the Mobile Home Park land to perform all work and/or inspections the City deems nec ssary or expedient during the development of the improvement. B. The Developer shall grant to the City such permanent utility easements as the City may require to complete and maintain the improvements. In addition, t e Developer shall pay the cost of all easements the City acquires utside the Mobile Home Park and which are reasonably necessary to construction of the improvements. Such costs shall include, but not be limited to, price of easements, administrative costs, attorneys' fees, court costs and engineering fees. In the alter ative, the Developer may acquire the easements and transfer them 0 the City. Such costs shall be . assessed against the property in accordance with this Agreement. ~[)-)- . . . C. Developer shall gran the City such utility easements on the westerly 1/4 of Mobile Horn Park property as the City may reasonably require for future ext nsion of the sanitary sewer and other utilities to the west of t e Mobile Home Park. The City shall be responsible for the rest ration cost associated with any utility construction or repair w'thin the easements done by the City. 4. A. The Developer shal pay an area assessment fee of $75,000 (based on a 60 acre parcel) and sewer connection fees in the amount of $225,000. The sewer connection fees shall be paid into escrow upon execution of this Agreement. On execution of a contract for construction of the s wer mains, the City may withdraw funds from the escrow to pay the cost of constructing mains and interconnection. Any money remaining in escrow at conclusion of construction shall be the propert of the City. B. The area assessmen fee shall be assessed to the Mobile Home Park property in accordance with Minnesota Statutes Chapter 429 over a ten year period with interest at a rate 1.5% per annum above the rate the City pay on bonds for the Project. 5. The Developer represen s and agrees that (except for associating with other individu Is or entities) prior to the completion of the improvements- as set forth in this Agreement, in the absence of specific written agreement by the City to the contrary, no transfer of the pro erty shall be deemed to relieve Developer from any of its oblig tions. In the event the City approves a substitute developer a d the property is transferred to the substitute, the City agree to relieve the Developer of liability from performance as described in this Agreement. The substitute shall assume all res onsibilities and rights of the Developer under this Agreement. 6. A. The Developer shal , within 60 days after execution of this agreement, submit to the ity Council a petition, signed by all persons owning an interest i the Mobile Home Park property, and as provided for by Minne ota Statutes 429.031 Subd. 3, requesting that the sanitary ewer improvements be made and assessed as set forth in this greement. Simultaneously with petitioning for improvements, Developer shall petition for annexation of the Mobile Home Pa k into the City unless the City requests otherwise. The petiti n for annexation shall not be a condition precedent to construct on of the Project. B. Upon the City Council adopting a resolution determining the sufficiency of th petition, the improvements shall be designed and constructed i all respects, as other City improvements made pursuant to th provisions of Minnesota Statutes Chapter 429 or other applicable statutes. The City reserves the right to reject any and all bid for the construction of public improvements. If the City reje ts all such bids, then its sole ~()... 3 . responsibility shall be to immedi tely advertise for bids for the public improvements. C. The City shall caus the sewer main to be extended to the Mobile Home Park property not later that January 1, 1999. The City and Developer shall cause the Project to be complete and fully operational not later than Januar 1, 1999. . D. Prior to the Ci t advertising for contracts for construction, the Developer shal deposit with the City a sum of money, escrow account, bond or irrevocable letter of credit, 1n form acceptable to the City in t e amount of $30,000.00 plus two years interest as calculated un er paragraph 2 hereof. If all installments of special assessm nts shall be paid in a timely manner and other conditions set orth in this Agreement are met, the security deposit shall be rele sed to Developer; otherwise, the City may use such funds to cure a y default or satisfy, partially or wholly, any judgment it might btain on account of any default by the Developer. In the even Developer violates any of the covenants and agreements herein contained or fails to pay any installments of special assessme ts when due, the City, at its option, in addition to and not in lieu of its rights and remedies otherwise granted hereunder or b law, may as to the lot, or lots or outlots on which there is a default declare all the unpaid special assessments levied purs ant to this Agreement due and payable in full upon 30 days writ en notice of default directed to the Developer at its last known ad ress, and if the Developer fails to cure such default within th 30 day period, the City may commence legal action against the Developer to collect the entire unpaid balance, including reasonable attorneys' fees. The Developer shall be liable for suc special assessments, whether or not the Developer owns any intere t in the lots, as to which there have been defaults. E. If any escrow accou t, bond or irrevocable letter of credit deposited with the City i accordance with this Agreement shall have an expiration date p ior to 30 days after the last installment for special assessme ts is due, the Developer shall renew such security or deposit su stitute security of equal value, meeting the approval of the City ttorney, at least 30 days prior to the expiration of such securit Failure to post such alternate security or renew such security s all constitute a default and the City may declare the entire amou t thereof due and payable to the City, in cash. Such cash shall thereafter be held by the City as a security deposit in the same m nner as the security theretofore held by the City. Any amount he City draws and any security posted under this Agreement, the D veloper shall replace the amount of such draw upon 30 days writte notice from the City. F. For purposes of t is Agreement and for purposes of special assessments only, Develo er agrees that the improvements . contemplated by this Agreement ill increase the value of the -4- SD-~ . . . Mobile Home Park by at least th value of the obligations the Developer is incurring under this Agreement. 7. The Developer will prov'de and maintain or cause to be maintained at all times during the process of constructing improvements and until six mo ths after the City accepts improvements constructed by Devel per and, from time to time, at the request of the City furnish w th proof of paYment of premiums on: A. Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractu I liability insurance), together with an owner's contractor's policy with limits against bodily injury, including death and prope ty damage (to include but not to 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 bodi y injury or death shall not be less than $500,000.00 for one pe son and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $200,000.00 for each occurrence. The City, City Engineer and Developer's Engineer shall be an dditional named insured on said policy. Developer shall file a co y of the insurance coverage with the City upon request. B. Worker's compensa ion insurance, with statutory coverage. 8. A. The terms and provis ons hereof shall be binding upon and inure to the benefit of the he'rs, representatives, successors and assigns of the parties heret and shall be binding upon all future owners of all or any part of the subdivision and shall be deemed covenants running with t eland. Reference herein to Developer, if there be more than one, shall mean each and all of them. This Agreement, at the opt on of the City, shall be placed of record so as to give notice her of to subsequent purchasers and encumbrancers of the subject property and all recording fees, if any, shall be paid by the Develop r. B. If any portion, section, subsection, sentence, clause, paragraph or phrase of t is Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portions of this Agreem nt. C. The inaction or acti n of the City or Developer shall not constitute a waiver or amen ment to the provisions of this Agreement. To be binding, ame dments or waivers shall be in writing, signed by the parties ought to be charged with such waiver, and approved by written r solution of the City Council if the City is the waiving party. T e failure to promptly take legal action to enforce this Agreement hall not be a waiver or release. -5 50-S . . . D. Required notices to t e Developer shall be in writing and shall be either hand delivered to the Developer, or mailed to the Developer by United States ail, postage prepaid to the following address: 1000 Kjellberg s Park, Monticello, MN 55362, or such other address as may be de ignated in writing from time to time. Notices to City shall b in writing and either hand delivered to the City Administrato or mailed to the City by United States mail, postage prepaid to th address: City of Monticello, 250 East Broadway, P.O. Box 1147, onticello, Minnesota 55362. 9. Upon execution of this Ag eement, Developer shall furnish proof acceptable to the City's ttorney that it has good and marketable title to the Mobile Ho e Park Project. 10. Once the Project is com leted and operational, the City will not charge Developer for any routine maintenance it performs on the Project. During any period when the flow monitoring device is inoperable, the City will est' mate flow based on monitoring records for prior periods of time. 11. The City does not warr nt to the Developer that this Agreement or the improvements 0 be built pursuant to this Agreement are in compliance or ill be in compliance with the Consent Decree entered into betwe n the State of Minnesota by its Attorney General, Hubert H. Humphr y III, and Kjellberg's, Inc., in Wright County District Court Fi e No. Cl-92-2439 entered into between the parties on or about A ril 29, 1997. IN WITNESS WHEREOF, City Developer's Agreement the day and nd Developer have signed this first above written. OF MONTICELLO By: DE Its: KJ LLBERG'S, INC. By: And By Its: Its: ~D--.c:. . . . STATE OF MINNESOTA) )ss COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this --- of , 1998, by and , and of the City of Minnesota MunicipaJ corporation, on behalf of the day the Monticello, a corporation. Not ry Public STATE OF MINNESOTA) )ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1998, b the of Kjellberg s, Inc., a Minnesota corporation on behalf of the corporation. Notary Public muni\mont\79759797.01 SO-7 . "II. . ., ] ~, IC. ~~, 1';10- ',\ ~~;~ Based on the Council discussion, the proposa 101' tialllf.,,-U- j bL: W 1..-1. connection for the west park was as follows: ,.Ii . \:\\ [1...e bp tke-.:tII\:'lj West Park Proposal ~'ble~vl-: ~/I hitl 1. Kjellberg agrees to pay the ~ost t;' e.xtend the n~cessary ~ani~Lc;wf\,on"\\~ sewer lines; however, the CIty WIll ms all the hne followIng CIty 'it ,ill, design standards and assess the expe se against the west park./ I.' 'ii !" 1 1. LO'^""P It! "S" 'rhe assessment amount will be based on a diagona a 19nment: ' across adjacent City-owned property. <q JOIn; 1/ k -?eS ~I C....... e&.. (' t Q J j:IJ I Kjellberg will pay to obtain land or ea ements needed to /" .' /' ;. II accommodate the sewer line. C Lh"'"f I c!! ")1 2. At such time that the City sells or de elops its site adjacent to f\.t the mobile home park, a portion of th revenue equal to the 0 l . 1" h 't '11 b 'd d Aovl.(.olo Q.. value of the sanItary sewer 1ne serv1 g t e Sl e WI e prov1 e , f to Kjellberg as a repayment for his co t associated with extending the line. 3. Kjellberg will pay an area assessme fee of$75,000 and hook- up fees in the amount of $180,000. T ese fees reflect the 1995 U I R. tv-o I rates because it is an existing develo ment and the City has C I' (:> "'"", I (;J-1 '-, been negotiating hook-up with Kjell erg for a number of --' months. Kjellberg agrees to pay $20 ,000 in cash, with the ~;);:) 6 k L('.~ l., remaining amount of $55,000 to be ssessed against the 11 7~. k Assess property. 4. 5. Kjellberg will provide sanitary sewe and utility easements L ' . .' through his property and to points est of his site. "J .vfl,t. 'S The prevailing policy for collecting arbage at the west park will apply, and the overall policy is subj ct to change. Lo ,"""'p I;.... 'S Kjellberg must pay the prevailing r te for hook-up of a future , wes~ park expansio~ area at the ti e of connection to city Lc""""r.1; fl 5 I ~ samtary sewer servIce. /197 Ace ~!f<c:/ Kjellberg will pay the standard qua terly sewer service fee. . Cc,,,vtf \;Q s, -(';""':\ I ~ 0.. '1" "- ,.c,.)} cJN The west mobile home park will be llowed to connect to the city sanitary sewer system after the wa tewater treatment plant Coo c...-"^f I; t? S expansion project is completed. 6. 7. 8. 9. AFTER DISCUSSION, A MOTION WAS MAD I BY BRAD FYLE AND SECONDED BY SHIRLEY ANDERSON TO PROVE THE ABOVE ',,- PROPOSAL FOR CONNECTING THE KJEL BERG WEST MOBILE HOME) rJe I,~ PARK TO THE CITY SANITARY SEWER SY TEM. MOTION INCLUDES /f" (0 i T AUTHORIZATION FOR THE ASSISTANT MINISTRATOR TO MEET \)-;"'\ <:;+ WITH KJELLBERG TO NEGOTIATE A MET OD OF FINANCING THE iJ; ", v'" Ie $31,000 GAP BETWEEN THE 1996 (PREVAl ING) AND 1995 HOOK.UP RATES IN REGARD TO THE EXPANSION EA. Motion carried unanimously. :.::,1 1'i\1 ',J 1:111 ~.!I,:l SO- 6 :':1 l:ilt R M ~vnr Fvle noted th~t the public ~~!!r_s d partment did a good job - \';1 , II ,I: ii we s..t I elf/-_ ~ . . ' - - ~\> , . . . ., ' . . .. . . Office of the City Administrator 250 East Broadway Monticello. MN 55362-9245 .. Jun.e 16, 1997 Phone: (612) 295-2711 Metro: (612) 333-5739 Mr. Kent Kjellberg 1000 Kjellberg's Park Monticello, MN 55362 Re: Sanitary Sewer Hookup - West Mobile Home Park Dear Mr. Kjellberg: This letter is written as a summary of the staff recommend tion that will be forwarded to the City Council ~pproval concerning the terms and conditions associate with the connection of the West Kjellberg ',.er Park to the city of Monticello sanitary sewer syste . The major points of this summary have been previously reviewed and/or approved by the City Council r garding the potential hookup of the West Park. Specific areas that may need confirmation from the Counci will include the financing alternatives noted below: Existinll West Park 1. Kjellbergs, Inc. would be required to pay the cost 0 extending the necessary sanitary sewer line from its current location, near Highway 25, to the est connection point; however, the City would install the line following city design standards and access the expense against the West Park over ten years at an 8% interest rate. The assessment a ount would be based on a diagonal alignment across the adjacent city-owned parcel (Remmele pa eel). 2. Kjellbergs, Inc. would be responsible for obtaining ny land or easements needed to accommodate this sewer line extension. 3. The City would agree that if it sold or developed t e site adjacent to the mobile home park, a portion of the revenue equal to the value of the sa 'tary sewer line serving the site that was sold would be provided to Kjellberg as a repayment by educing the outstanding principal costs associated with extending the line. . Kjellbergs, Inc. would be responsible for an area a sessment fee of $75,000, based on a GO-acre parcel, and the hookup fees in the amount of $225 000. The hookup fee is based on 200 mobile home units multiplied by the rate of $1,125 each and is ubject to adjustment based on final counts at the time of connection. The hookup fee would be requ' ed as a cash payment up front, while the area assessment for the sanitary sewer trunk fee woul be assessable over ten years at 8% interest. 4. 5T)'-" . . ~ - .,... l" .l" .,:~., " t ~, ~' .....," J~ . /.j ; ::;:' L' --< '. Mr. Kent Kjellberg June 16, 1997 Page 2 5. Kjellbergs, Inc. would be responsible for provi ing all sanitary sewer and utility easements necessary for future extension of the sewer a d other utilities to points west of the existing site. 6. City policy for collecting garbage at the West ark would apply, and the overall policy is subject to change. 7. Kjellbergs, Inc. would be responsible for the s andard quarterly sewer service fee. 8. The City would be responsible for picking up ny oversizing cost necessary for extension of the sanitary sewer line to the Kjellberg cQnnectio point. As I'm sure you are aware, the City is in the midst 0 completing construction of a new wastewater treatment plant to handle the needs of the communi y, including your property, for the next 20 years. In light of the enormous cost the city is experiencing fo this new plant construction, the City Council has determined that an increase in the sanitary sewer h okup fee will need to occur over the coming years to provide sufficient revenue for debt service. The curr nt fee of $1,500 per unit will increase to $2,000 effective January 1, 1998, $2,500 effective January ,1999, and $3,000 on January 1, 2000. The previous council action regarding the West Mobile Home Par connection fee was to require an up-front payment of whatever the current rate was in effect at the time f connection. In March of 1997, the City Council further refined its sanitary sewer unit definition an is now treating a mobile home connection charge the same as a single family residential home. In other ords, the unit charge for any additional mobile home parks or expansion areas within existing mobile ho e parks will be treated as a $1,500 fee, which would be subject to the increases under the time frames note above. As you can see, it would be imperative that any agreement and resulting connection take place s soon as possible in order to minimize the fee increase your property would be subject to. A " bt ~ I} a e '" f ,,~@ \lea l' \;I., <; A~'ILQ I"^ In regard to any potential expansion of the West M bile Home Park, the parcel would be subject to the following fees and assessments, depending on the t pe of development that would occur. West Mobile Home Expansion Proposal 1. The expansion area acreage charge for the s nitary sewer trunk fee would be calculated at $1,250 per acre. Using an estimated 60 acres, the ~ e would amount to $75,000. 2. An expansion area would also be subject to storm sewer area assessment at a rate of approximately $4,900 per acre. This assess ent is based on the net area that would be developed and estimating it to be 42 acres would resul in a charge of $205,800. Credits would be provided for land provided for storm water purposes. The sanitary sewer and storm sewer area c arges would be allowed to be paid as an assessment at 8% interest over ten years. 3. Sanitary sewer hookup fees would be calcul ted on the current rate, depending on the time of each mobile home connection, which is currently 1,500 per unit. Each unit would be payable at the time that an occupancy permit is requested for t e mobile home. SD'IO ;! / /Mr. Kent Kjellberg '-'une 16, 1997 /.,age 3 4. Any site plan or expansion proposal would requi e normal Planning Commission and City Council review and approval. Previously supplied concep proposals for a mobile home park expansion appear to have the ability to meet all current cit codes and regulations regarding this type of development, but the proper zoning amendment would need to be approved prior to an expansion being approved. While the proposals contained in this letter are only re ommendations from the staff. the full City Council will have the final authority regarding connection con tions and annexation requirements. It is the opinion of the City that the existing West Mobile Hom Park can be feasibly connected to the city sanitary sewer system and that the resulting hookup connectio fees totaling $225.000 plus the trunk charges of $75.000 are reasonable and fair for the service and fac' 'ties being provided. If you would like this proposal brought forward to the ity Council for consideration, please let me know. Should you have any questions regarding this letter, p ease feel free to contact me at your convenience. Sincerely, Rick W olfsteller City Administrator RW/glk cc: Bill Fair. Mayor of Monticello Jeff O'Neill, Assistant Administrator Rick Cool. Attorney Generals Office Todd Eckberg, MPCA File V - ~ . 51)'" )\ . . . Council Agenda - 2/9/98 7. development. (O.K., IDC) Newly-elected IDC Chair Dick Van Al en is preparing a letter defining the events leading up to the enclosed reso ution for approval. The resolution was prepared by members of the IDC and pproved by its membership in January, 1998. Mr. Van Allen and pe haps other IDC members will be in attendance to respond to Council ques ions. B. Erf fZC/ c:f^-U A motion to approve the resolu ion adopting city position on industrial development. ALTERNATIVE ACTIONS 1. 2. A motion to deny approval of t e resolution adopting city position on industrial development. 3. A motion to table any action. C. SUPPORTING DATA: Copy of resolution; Copy of Mr. Van len's letter; List ofIDC members.. . . February 9th 1998 at City Council Meeting Presentation by the IDC to City Coun it for the adoption of a resolution; that City staff adopt an Industry Friendly attitude and d creative ways to help hldustry locate and expand in Monticello.... . A. Reference, Background and considerati ns, The pwpose of the IDC committee co tinues to be one of indirect support for responsible industrial development and grow for the city of Monticello and its residents. In support of that responsibility the C Committee set out to discover additional facts concerning the stock industrially zoned land available for marketing. The June 1997 inventory indicated, approxi ately 150 acres ofindustTially zoned property - see nlap - indicating; 1 w Approximately 25 acres held by 2. Approximately 108 acres of land as listed as zoned Be (business campus) creating the perception for some p tential builders of not being useable for industrial development. Ad.dition lya green space requirement existed which exceeded city adopted buITering r quirements between differing zoning, added to the perception of lacking mark tability until this zoning was recently changed. 3- This left the city in the position 0 not being able to actively seek tenants needing single site locations of 20 . 40 acres of land. Further, interviews with contractors d new tenants disclosed a reaction of "If I knew then what I know now, I never would' ve built in Monticello" People interviewed. related instances of several visits being required before they were able to obtain a building pennit. These people felt s eral changes were new requirements that added cost and delayed the project, The need to develop industrial tax ba.c; during residential building and the need to replace a potentially declining tax income fo NSP has also been presented and discussed. We remember the benefits of industri development as: . Industrial taxes are four time grea: er than residential. . Industry requires less services th does residential . Industrial payrolls support the loc community. (Industries and its workers require local housing, retail servic s, such as construction, groceries, clothing, telephones, car repair, appliances d on and on.) This has led to the conclusion that one dollar invest in industria! development returns seven to the community. . Industries tend to support schools taxes and to hire the skilled product of its classes as workers. . '1-1 ~~ -_.~ . . . After the joint September 29lhmeeting b tween IDC, City council, Planning Commission and the HRA it was noted during a succeeding IDC meeting that, although the meeting prompted many positive commen from all sides, the City Planning Commission at their meeting following the jo' t meeting. did not even discuss major recommendations made by the IDC. Those re mmendations included; actions taken by other cities, financial assistance progranls avail hIe to Monticello and planning actions necessary to be taken to entice industry to Mo icello. During a later meeting the IDC discuss d and recognized that actions taken during the last 6 months have improved the understan . ,g of zoning and permit process for those who work regularly with the eity. Bas on observations of the meeting and overall progress, the IDC discussed and unani ously determined that a resolution mandating City Staff adopt an industry friencU attitude and find creative ways to help industry locate and expand in Monticello was ecessary to effect change, thereby letting the greater development community know that it is the intent of the City of Monticello to correct its' "industrial unfriendly" reputation. The IDC strongly recommend the adop 'on of the resolution as submitted.. I }-r . NO. RESOLUTION ADOPTING CITY OUNCIL AND STAFF POSITION ON INDUSTRIAL EVELOPMENT WHEREAS, city government recognizes t at maintainlng and expanding a strong industrial tax base is critical to the overall conomy of Monticello; WHEREAS, the city of Monticello has be reliant on tax revenue generated by NSP, and recognizes the declining contribution they e likely to make to our city budget, and recognizing the need to try and replace sai loss; WHEREAS, city government is perceived by many to have an undesirable reputation as being resistant to industrial growth and de elopment in past years; WHEREAS, the city staff and council rec gnize the importance of minimizing any and all negative public perception concerning ind strial development; . WHEREAS, city council and staff wants t be widely recognized as an industrial friendly community; THEREFORE BE IT RESOLVED THA , city council and staff are committed to finding creative, flexible, and helpful ways to enc urage any and all future industrial growth in the community, and will do everything possibl to present a positive image toward those persons attempting to buy, build, develop, or expand in the city of Monticello. Adopted by the City Council this _ d Y of Administrator . , 1998. Mayor 7~ Kevin Doty 106 Pine Street PO Box 729 Monticello, MN 55362 . Retired Superi tendent, School Dist. #8 2 508 Pine St. Monticello, MN 55362 Kenneth Maus IDC Chair Sheldon Johnson 116 Hillcrest Road Monticello, MN 55362 Donald Smith Editor/Publish r, Monticello Tim s PO Box 548 Monticello, MN 55362 Owner, Genere x Fine Wood Products Inc. 407 Pine Street PO Box 239 Monticello, MN 55362 Tom Lindquist IDC Vice Chair Vice President, 1st National B Bill Tapper 212 Chelsea Rd. Monticello, MN 55362 . .Jick VanAllen 1349 Hart Blvd. PO Box 660 Monticello, MN 55362 Tom Ollig IDC Secretary TDS Telecom 316 Pine Street PO Box 298 Monticello, MN 55362 Grace Pederson Chamber Pres' dent; Owner, Carlso Wagonlit Travel 124 West Broadway PO Box 177 Monticello, MN 55362 Bob Mosford Mosford, Bart el & Co. PLC CPA 305 Cedar Street Suite 201 Monticello, MN 55362 . ?-'I IDC.L1S: 10/14197 Page 1 . . . FEB-06-1998 11:15 NAC 612 595 9837 P.02/I2l'( City Council Agenda' 2/09/98 ~ A. REFERENCE AND BACKGROUND: The Planning Commission reviewed the Ho pital District's First Phase PUD at its last meeting on February 3. The discussion of the reject consisted of general review, with a certain amount of neighborhOOd interest in prot ing against future access to River Street, a Phase Two issue, primarily. However, a po ion of that discussion involves continuing interest in retaining a right-out egress from the est comer of the project to CSAH 75. The County continues to resist this idea, although it i supported by planning staff, the Hospital District, and several project neighbors. The Hospital asked that the driveway width w st of the proposed helipad site be reduced to 24 feet. Staff has suggested keeping the 30 foot width which is shown on the main driveway from the helipad east to the bounds with Hart Boulevard. This is due both to City sludge truck access (assuming the righ -out egress driveway Is allowed), and the future volume of traffic from the parking ra p. The Hospital suggested that the ramp elevations will change, necessitating reconstru ion of the drive in this location. However, the current drive will be located on. the exist ng Hart Boulevard roadway. Therefore, it should be no hardship to retain the 30 foot dim nsion. The Planning Commission allowed the 24 foot drive, subject to revision based pon the County's decision on the right-out egress and the construction of the parking r P in Phase 2. B. ALTERNATIVE ACTIONS 1. Motion to recommend approval of the onditiOnal Use Permit for a Final Stage PUD for the Hospital campus, contingent n the conditions listed in exhibit 0 of the Planning Commission Agenda pack t for February 3. This motion should be supported by a finding that the proj meets the Monticello Comprehensive Plan goals, and provides for a design whi better meets the City's zoning objectives than strict enforcement of those regul tions would allow. 2. Motion to deny the Conditional Use ermit for a Final Stage PUD, based upon a finding that the project is not consistent with the Comprehensive Plan objectives as identified by the Planning Commissio . 3. Motion to table action on the Final S ge PUD. pending additional information. . . . FEB-06-1998 11:16 NRC 612 595 9837 P.03/07 City Council Agenda' 2/09/98 c. STAFF BECOMMENDATION Staff is comfortable recommending approval of the Final Stage PUD. Although some issues are still to be addressed, these are pri arily details which are commonly worked out and monitored by staff as the project proce ds toward construction. The only change of significance to the site plan would be the n gotiation with the County for the right-out egress drive to Broadway. This change wo Id not affect the remainder of the project design, however. D. SUPPORTING DATA Exhibit A - Planning Commission Report 191.07 - 98.01 J- . . . FEB-06-1998 11:16 NAC ~c A 0 Community Hospital District. (NAC A. REFERENCE AND BACKGROUND: 612 595 9837 P.04/07 Planning Commiuion Agenda.. 2/03/98 At its January 12 meeting, the City Council a proved the vacation of Hart Boulevard past the Hospital campus site, subject to certain ditions, including approval of the Final PUD. The Hospital District is now requesting Fins PUD approval for its first phase. The first phase includes an expansion of the Hospit I building on its e~st side toward the Clinic building, together with parking lot expansion on the former Hart Boulevard right-of-way, and the construction of the new entrance 10 tion for the projed. Also proposed as part of Phase I would be the relocation of the heli ad. The purpose of Final PUD review is to ens re that issues identified earlier have been addressed, and conditions recommended d ring the initial concept reviews have been complied with. We have summarized the iss AS and recommendations as follows: Phase I issues: Utilities in Hart Boulevard. The Publ c Works Department have noted that City utilities may require maintenance or ~ nstrudion, which would likely occur during the Hospital's parking lot construction. This issue should be coordinated between the Hospital and Public Works. I. ii. HeliDad. The helipad has been reloest d from its original proposed location to the west. The new location will allow helico ter flight operations to occur without traffic interference with the Hospital's main entrance. Although it is still close to the County Highway, this is in improved 10 tion for the helipad, and it appears to have County Highway Department support. oreover, though hopefully not necessary, the Sheriff has indicated his availabir to mange traffic during flight operations. Finally, the County will have to conve a small triangle ot property to the Hospital to accommodate the new location. Aa:ess to CSAH 75 (Broadway). The ounty has been reluctant to allow continued right-oul egress from the main hospital driveway to Highway 75 at the west end of the project. There are currently two ccess points to the County Highway in this location, and the County is asking that t ese be closed in exchange for approval of the revised hospital aeeessdrive. Th City's position is that keeping one egress driveway in this location would taem te circulation on the Hospital site, and encourage traffic to use Broadway r ther than River Street in the future. The Hospital's site plan assumes that driv y will be closed. While the proposed plan iiL ,..,1 FEB-06-1998 11:16 NAC 612 595 9837 P,05/07 ~ Planning Commission Agenda. 2/03/98 should work, the City should continue to lobby the County to retain the right-out egress to Broadway_ In either case, the Hospital site plan should reflect the continuation of a 30 foot drive through e project. The proposed site plan reduces the driveway width to 24 feet west of the main entrance, Due to the volume of traffic and. the potential for right-out egress to Broadway, the 30 foot width should be retained for the full length, As an additional matter, the Phase I con tn.ICtion should be expanded to include the driveway construction throughout the H rt Boulevard area, including along the front of the dental clinic property. The site Ian shows this area to be programmed as Phase II, part of the parking ramp nstruction. However, this area will be necessary to retain access for the ree property owners west of the Hospital affected by the vacation of Hart Boule ard. Assuming that the County will require closure of the current access points as condition of the new driveway location, the accesses to. the prIvate property will h ve to be constructed concurrently with the rest of Phase I. iv, , . i r . s, This requirement consists of access provision to the other property owners ected by the vacation of Hart Boulevard, and coordination of the relocated a s and Intersection with CSAH 75 between the Hospital, the County, end the S District The Hospital District has indicated that all parties are in agreement with t e plan. The City should include a condition requiring written approval from the ad parties_ Approval should be in the form of letters from the School District and C unty on the access location, and easement agreements signed by the property ers sharing the Hospital access drive, ...--.., ConceDt Plan issues for future phases: The site plan has been modified to show mpliance with setback violations raised in previous plans, The primary issue outstand ng will be design of the parking ramp and circulation issues resulting from the ramp desi n. The previous approvals suggested that the ramp be designed in such a way as to prec ude lower level access. This design would greatly discourage traffic from using River S eet as a campus access point. Combined with the rtght-out egress to Broadway, the desi n would facilitate better internal circulation without compromising traffic levels in the resi ential area to the west of the project, The site plan has not altered the design of th ramp, other than to make it fit setback requirements, Although this will be a Phase II Final PUD issue, the Hospital should be aware that ramp design must be modified pri r to any further approvals. B_ ALTERNATIVE ACTIONS ---- 1. Motion to recommend approval of the C nditional Use Permit for a Final Stage PUD 1'~ . . . FEB-06-1998 11:17 NAC 612 595 9837 P.06/07 Planning Commission Agenda... 2/03/98 for the Hospital campus, contingent 0 the conditions listed in Exhibit X. This motion should be supported by a findi 9 that the project meets the Monticello Comprehensive Plan goals, and provides or a design which better meets the City's zoning objectives than strict enforceme t of those regulations would allow. 2. Motion to deny the Conditional Use Pe It for a Final Stage PUD, based upon a finding that the project is not consistent w' h the Comprehensive Plan objectives as identified by the Planning Commission. 3. Motion to table action on the Final Stag PUD, pending additional information. C. STAFF RECOMMENDATION Staff is comfortable recommending approval the Final Stage PUD. Although some issues are still to be addressed, these are pri arily details which are commonly worked outand monitored by staff as the project proce s toward construction. The only change of significance to the site plan would be the n gotiation with the County for the right-out egress drive to Broadway. This changewoul not affect the remainder of the project design, however. D. 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FEB-06-1998 11:17 NAC 612 5959837 P.07/07 Planning Commission Agenda - 2/03/98 Hospital Campus Final PUD · Phase I Conditions Coordinate Hart Boulevard driveway nstruction with Public Works Department. Document conveyance of property fro County to accommodate helipad. Revise site plan, if necessary, base upon negotiation with County Highway Department on right-out egress to Bra dway. Revise site plan to illustrate 30 foot dr veway for full length of project (from Hart Boulevard on the east to the end of th parking ramp on thQ west). Revise the Phasing Plan to include d iveway construction in front of the future parking ramp as Phase I construction. Provide documentation of access an parking easement agreements with all adjoining property owners north of CS 75 affected by Hart Boulevard vacation. Provide written documentation of Coun approval of new access driveway location for CSAH 75. Provide written documentation of 5 001 District agreement with new access driveway location as coordinated with e Hospital and the County. Preliminary site plan will be required 0 demonstrate access and egress to the parking ramp at the top level only. Compliance with all City Council condit ons for the vacation of Hart Boulevard. Exhibit 0 - Hospi al Phase I Final PUD Conditions 8~'1 TOTRL P.07 . . . Council Agenda - 2/9/98 9. 36-unit townhouse develQpment. (O.K.) Per the recommendation of the HRA, the City mailed requests for proposal to twelve developers for development 0 multi-family housing on Outlot A, Country Club Manor. David Bell, Fr edom Development and Consultants, and David Hornig, Hornig Companies, returned requests for proposal by the deadline date of December 12, 1997. The following is a summary of the tw returned requests for proposal: Mr. Bell: 36 units oflow and moder te income rental units (2 and 3 bedroom) and 42 market-rate townh use units for sale to private owners. Purchase offer of $151,675. Suggest d tax increment financing to repay City for per acre storm sewer charge, ins llation of sidewalk along 7th Street W, and per acre price of 1.73-acre city p rk. Mr. Hornig: 109 market-rate rental partment units (1 and 2 bedroom). Purchase offer of $300,000. No tax i crement financing. At the January 26, 1998, City Counc I meeting, Mr. Bell increased his purchase offer from $151,675 to the ompetitive offer of $300,000. The Council accepted Mr. Bell's offer of $ 00,000 and felt perhaps the lower- density proposal was more compatib e with the neighborhood. Mr. Bell's proposal included utilizin a tax credit funding program through the Minnesota Housing Finance Age cy (MHFA). This program is for the development of the 36 units oflow d moderate income rental units only. The deadline date for the tax credit pplication is February 12, 1998. Tax credit applications are ranked by a c mpetitive point system and the applications receiving the greater n mber of points are awarded the funds. An applicant can receive up to 10 po nts if the project receives 20% local participation which is generally thro gh TIF assistance. Therefore, on February 4, 1998, the HRA received request for tax increment assistance in the amount of$331,561 net present alue (NPV) at 9% over 13.9 years or $597,700 (20% of the project cost). he HRA approved tax increment assistance in the amount of the $33 ,561 NPV or $597,700. Please note that Mr. Bell's suggested TIF assistance i the request for proposal was approximately $111,406 NPV compa ed to the approved TIF assistance of $331,561 NPV, an increase of$220, 55 NPV. This change in the TIF . Council Agenda - 2/9/98 assistance from the original proposal ubmitted is what concerns the Administrator the most. Although it ppeared that Mr. Bell had simply agreed to increase his offer by $150,0 0 to match Mr. Hornig's bid, in reality, he is now requesting an additional $2 0,000 in TIF assistance from the City to cover this. If the Council was not ware of this, it's certainly understandable, since staff did not k ow the extent of the TIF request either. With this project having low income ousing tax credits and with the level of TIF assistance requested, the rents fo this project are projected to be very affordable, encouraging lower income individuals and families to live here. You may recall from the last meeting that neighboring residents were concerned over any proposal to devel p a low income housing project in their neighborhood and, in reality, this pro ect is more likely to do this. Mr. Homing's market rate rental project ould have required higher rental rates to cash flow and thus was more likel to attract tenants with a higher income level to live there. . Now that the amount ofTIF assistan e being requested is known, the council needs to decide whether Mr. Bell's pr posal is still the best one for the neighborhood and city. It is the Adm nistrator's opinion that if the City and HRA had anticipated utilizing this I ge of an amount of TIF assistance on this parcel, more discussion should h ve gone into the selection process and more consideration should have been given to using TIF to reimburse the City for its costs in the land which is ar in excess of $550,000. With TIF being proposed onhalf of the project fi r 15 years or more, not as much tax benefit is being created under this pr posal as could have been accomplished with a market rate rental project. The enclosed resolution supporting a tax credit application for the 36-unit multi-family housing project allows r. Bell to proceed with his application. Also, the resolution supports a pay-a -you-go TIF assistance amount of $597,700. The preparation for establ shment of a TIF District, a housing district, would begin after, and only i , Mr. Bell receives funding from MHF A. In addition, terms and conditions of e land sale have not yet been negotiated with Mr. Bell by city staff B. ALTERNATIVE ACTIONS: 1. A motion to adopt a resolution supporting a tax credit application for a 36-unit multi-family housing roject for applicant, Freedom Development and Consultants level ofTIF assistance at $331,561 NPV or $597,700. . (i- . Council Agenda - 2/9/98 2. A motion to adopt a resolution upporting a tax credit application for a 36-unit multi-family housing p oject for applicant, Freedom Development and Consultants, level ofTIF assistance as determined by the City Council. 3. A motion to deny adoption of a resolution supporting a tax credit application for a 36-unit multi family housing project for applicant, Freedom Development and Co sultants. 4. A motion to table any action. c. RECOMMENDATION: The City Administrator does support the use ofTIF; however, he does have concerns relating to the amount of TI assistance as approved by the HRA. It is believed that both the Council d the HRA may not have understood the requested increase ofTIF assista ce; therefore, the Administrator is open to discussion and recommends consid ration of Alternative No.2. . D. SUPPORTING DATA: Copy of the resolution for adoption; opy of map of proposed TIF District. . J- A general meeting of the City Council of Monticello Minnesota, was called to order by Mayor at p.m., on , 1998. The following Council Members were present: Council members CITY OF MONTICEL 0, MINNESOTA RESOLUTION N . A RESOLUTION SUPPORTING A AX CREDIT APPLICATION FOR A 36-UNIT MULTI-FAM Y HOUSING PROJECT A resolution supporting a Tax Credit Application fo a 36-unit multi-family housing project to be known as Park Side Court Town Homes. WHEREAS, Park Side Court Town Homes of Free om Development and Consultants, LLC has proposed to build a 36-unit multi-family housing de elopment in the City of Monticello; and WHEREAS, this housing proposal was presented t the Monticello City Council and received support of that group; and .,~ WHEREAS, this housing proposal was presented t the Monticello Housing and Redevelopment Authority, the local group charged with coordinaf g housing programs for the City of Monticello, and received the support of that group; and WHEREAS, the housing proposal meets the needs fthe City of Monticello; and WHEREAS, the success of the application is predi ated on local support of the proposal through the commitment of tax increment financing for the roject. ~. NOW THEREFORE, BE IT RESOLVED that the Monticello City Council supports the application for the tax credits for a 36-unit multi-n . y housing project to be known as Park Side Court Town homes and supports the establishment ofa "pay-as-you-go" Tax Increment Financing District that would capture $ for this low to moderate income housing project. All projectioIiSas to tax increment captur d is based on State Statutes in effect as of this date. ' .' )' b \ J \ /// IU\' 1, .1 6~ //] ~~> r \ .~ . i .~l;i-r Jl '.- . r-..I! 6\\ ~Y') 'tJ '0\ 1. r ~ ' ~\.)~ r ~ \. \ (o.A/" \0 a__ , ;\ \ \ .' -, / ~~ - ~ ... '. wm - .. r. .. :. .. . :.. ~ \~ .. J - 1-, -'-' ... '"'> ,.. .M JJ :~ -~,~ . -~ V IlS3wm. 'oTIJJ[lfHlH : 3US lH3WdJ13^311 <l31SVH S)IoO-t-l III lauJ fl31^ )i~lJd ......,.." ';Il.-ni .~ V at S311J1SJ 1'13I^ JHld :Jill S,J.:rlJ./H:JIlY YH11 (3J n ~ E H ~ : ij ~ ~e~ j ~ P- ~~! ~ ~ !~. el ~ ~ ~;~ :'I'~ ~~ B 'ti" ~p 0 H ~. 5~i i ~i!!i!~ ~~ ~15 ~ ~I h ~i~ ~.. . ~~ I ~~ ..~ ~~ .~.h ~HIt ~ 2 '" .....'" I'" >- ........1-' I=; ;%ZZ ,~ ~:::a:;::ll :~8i: ~~~~ :~ !i~~ \~ ~~~~ :~ Ii ... t5 (\J....f;t ~ !E!il:t ::~ ~ is '" S"' i~ ~~ S!:l ~~ >'" "'a I- ~ !J~~~ !~3; t",,,, "''''l:!1:! IS~..t4: 1 BtJ::;::; \' I-l~~~ ..):>> I : ~~~~ J ~~i~ <..>' u ,WI.t..II...n.J ~IHH , , t t ~ ~ ~ ~ ~ I ~ 8Bi i !S5 i 5 ::: ~8 ~ !Jl~ -I 3 ~ @ lJ:;~ h 0 I B 5 i ~ i~ Ig ~i i~: ; ~i il~ ~g L.~ ~I ;~a . 10. . . licensinlr ordinance. (R.W.) CounciIAgenda-2/9/98 At our last meeting, the Council table action on a proposed ordinance amendment to our tobacco ordinance I censing regulations to enable to staff to gather more information on the effe ts of the City continuing to license tobacco sales and the feasibility of tu ing over the licensing requirement to the County. In the meantime, I have c ntacted the Wright County Auditor, DarIa Groshens, concerning the Coun y's involvement in the requirement to license tobacco sales in the County an have also received a memo from our city attorney, Dennis Dahlen, outlini the requirements of the new law and a recommendation. As you will note, t e recommendation of our city attorney is that it may be more economical for he City to simply let the County handle the tobacco sales licensing req . rements and to delete our ordinance. As outlined by the attorney, a numbe of changes are required by recent State law concerning tobacco sales lie nsing. What could turn out to be very time consuming administratively, is t at certain penalty requirements are mandatory and after the third violati n, a suspension of the license is required. In order to comply with a s spension, the licensing authority must give the individual an opportunity for a hearing. In addition, it will also be a requirement of the City, if we continu to license cigarette sales, to develop a penalty for minors violating the ordin nee that is an alternative to simply a monetary penalty. This will require c nsulting with educators, parents, children, and representatives of the c urt system to develop alternative penalties for minors who purchase, p ssess, or consume tobacco. As Mr. Dahlen noted, this will also require a ministrative staff time to take an active role in developing such progra s and in the enforcement procedures. Since the State law requires counties to conduct licensing if municipalities don't, and since our annual revenue t the present time is less that $500 for tobacco licenses, it is recommended t at the City take advantage of the opportunity to pass on the administr tive responsibility to the County for the licensing and the new compliance ch ck requirements. Compliance checks will be another cost that the City wil incur if we continue licensing, by requiring the Sheriff's Department t use underage individuals to conduct attempts to purchase cigarettes and obacco products at all licensed locations. Again, if the County is allowed to ta e over the licensing responsibility, it will be a County requirement to cond ct the compliance testing rather than the City. I . Council Agenda - 2/9/98 B. AL TERNATIVE ACTIONS: 1. Council could determine that it ould be better to allow the County to conduct all cigarette sales licen ing and compliance checks in the city of Monticello and as a result, a opt an ordinance amendment deleting Chapter 14 regulating sale of to acco licensing. 2. Council could still determine th t the City should be the licensing authority and as a result adopt an ordinance amendment incorporating the new State la requirements. Under this option, penalties for minors has not yet been established and the staff would have to be irected to contact the school system and court system for input on a appropriate penalty for minors violating this ordinance. C. STAFF RECOMMENDATION: . Because of the limited revenue cigare te licensing produces and because of the additional administrative time it 'll take to administer tobacco licensing under the new regulations, it is reco mended that the licensing and compliance check requirements be t ed over to Wright County and that our current ordinance be deleted. Thi recommendation is also supported by our city attorney. D. SUPPORTING DATA: Copy of city attorney letter; Copy of p oposed amendments if City continues licensing; Copy of amendment deletin ordinance. . .J- . . . ORDINANCE AME MENT NO. THE CITY COUNCIL OF MONTICELL ,MINNESOTA, HEREBY ORDAINS THAT CHAPTER 14, TITLE 3, OF THE ITY ORDINANCES RELATED TO LICENSING OF TOBACCO SALES IS H REBY DELETED. Adopted this 9th day of February, 1998. City Administrator Mayor 10 ...1 FEB. -04' 98(WED) 13:21 . . . OLSON US SET & WEINGARDEN P. L, L. P p, 002 TEL:612 925 5879 OLSON, USSET & W INGARDEN P.L.L.P. PAUL A. WI.INGARDJl:N* 1M VID I. USSET THOMU D. OLSON"'" DJ:NNTS E. DALEN 'MSJl.\ Ct:K'l'II'IICD IlEAL PROPEIlTV IPI:C'ALIIIT .'Mla". C:ltR'I"JIl'lICD CIVIL mtA.L SPEClAI.IS'r aUll FILE NO. 7975(120) , 1.998 LEGAL ASJiI!iT ANTS SlIIIlUE ALLION DJ:BRA. BAKKE KIJ\t FORTIN KELLY OI.soN DONNIE TIlONNES ROCKFORJ) OnrlCE TELEPHONE (6U)477.S010 Attn: Rick Wolfsteller City of Monticello 250 East Broadway P.O. Box 1147 Monticello, MN 55372 Re: Tobacco Licensing Dear Rick; You asked tha.t I summarize the provisions of the Tobacco Licensing Act that was paesed by th Minnesota Legislature in 1997. The pertinent part with respect to the city will be found in Minnesota Statutes Section 461.12 trough 461.17. The following is a summary of those sectiona. 1. Under the new law, citie may license tobacco sales, but counties are required to license t baceo sales. If the city does not license them, then the oount licensing ordinance applies within the oity and the county is harged with enforcement of the ordinance. If the city does adopt a licensing ordinance, tobacco sellers within the city will not e required to obtain a county license. 2. If a person sells toha co to a perlilon under 18 or otherwise violates Chapter 4ei1 0 the Minnesota Statutes, the licensee on the first offense shal be Charged an administrative penalty of $75.00. On the second v alation within 24 months there is a mandato~ administrative pena ty of $200.00. On the third violation within 24 months after t e initial violation there is a mandatory administrative penalty of $250.00 which must be imposed and authority to sell tobacco at the location must he suspended for a minimum of 7 days. No suspension r penalty can take place until the licensee has received notice an is given an opportunity for a hearing before a person authorized by the licensing authority to conduct the hearing, If the oity icenaes, it will be neoessary for the sheriff to notify the city w enever there is a violation so that administrative procedures can. be mobilized. The ordina.nce will also have to designate someone or some entity (such as a city council) to conduct hearings and ma e written decisions. 3. If the city licenses it educators, parents, children and system to develop alternative penal possessor consume tobacco. If the administrative staff will have to ta such programs in conjunction wich 0 is required to consul twi th epreeentatives of the court ies for minors who purchase, city licenses, someone on the e an active role in developing her entities. It>' r FEB. -04' 98(WED) 13:21 I OLSON US SET & WE I NGARDEN ' . L. L. P TEL:612 925 5879 P.003 . February 4, 1998 Page 2 4. There must be unannounced compliance checks at each licensed location at least once a year. Even if the city is the licensing authority, the Wright Co nty sheriff would still have to do the compliance checks on the city's behalf since it is the policing authority. It would b necessary for SOmeone on the administrative staff to monitor c mp1iance checks to ensure they are being done at least annually, and keep a record of what the results are. 5. The city may impose a li ense fee for tobacco licensing, but the extent of that fee is 1imi ed to covering the expenses of administering issuance and enforce ent of licensing provisions. Gi ven the above, it has be n my e~erience that smaller communities are choosinSJ to foreg the adm~nistrative burdens of tobacco licensing, leav~ng that pr'vilege to counties. Please feel free to contact me if you have any further questions. DED:sa .......... . . 10,3 THE CITY COUNCIL OF MONTICELL , MINNESOTA, HEREBY ORDAINS THAT THE FOLLOWING ORDINANCE PERTAINING TO SALE OF TOBACCO BE AMENDED AS FOLLOW : . SECTION: . 3-14-1: 3-14-2: 3-14-3: 3-14-4: 3-14-5: 3-14-6: 3-14-7: 3-14-8: 3-14-9: 3-14-10: 3-14-11: 3-14-12: 3-14-13: 3-14-14: 3-14-15: 3-14-16: 3-14-17: 3-14-1: . .."' I ORDINANCE AME Definition License Required Application and Issuance of Li ense License Fees and Term Displaying of License Transfers Revocation or Suspension Moveable Place of Business Renewals Basis for Denial of License Prohibited Sales Vending Machine Sales Self-Service Sales Responsibility Compliance Checks and Inspec ion Administrative Penalties Severability and Savings Clause DEFINITIONS. TOBACCO OR TOBACCO PR DUCTS. "Tobacco" or "Tobacco Products" shall mean any subs ce or item containing tobacco leaf, including but not limited to, cig ettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; c eroots; stogies; perique; granulated, plug cut, crimp cut, ready-rubb d, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cutting , and sweepings of tobacco; and other kinds and forms of tobacco leaf repared in such manner as to be suitable for chewing, sniffing, 0 smoking. TOBACCO-RELATED DEVICE. "Tobacco-Related Devices" shall mean any tobacco product as w 11 as a pipe, rolling papers, or other IO"'~ TOBACCO.AMD: 1/6/98 Page 1 . . . device intentionally designed r intended to be used in a manner which enables the chewing, s 'ffing, or smoking of tobacco or tobacco products. SELF-SERVICE MERCHAN ISING. "Self-Service Merchandising" shall mean open displays of to acco, tobacco products, or tobacco- related devices in any manner where any person shall have access to the tobacco, tobacco products, r tobacco-related devices, without the assistance or intervention of t e licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobac 0 product, or tobacco-related device between the customer and the licensee or employee. Self-service merchandising shall not inclu e vending machines. VENDING MACHINE. "Vend ng Machine" shall mean any mechanical, electric or electro ic, or other type of device which dispenses tobacco, tobacco pro ucts, or tobacco-related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person see ing to purchase the tobacco, tobacco product, or tobacco-related de ceo INDIVIDUALLY PACKAGED. "Individually Packaged" shall mean the practice of selling any toba co or tobacco product wrapped individually for sale. Individu lly wrapped tobacco and tobacco products shall include, but not e limited to, single cigarette packs, single bags or cans ofloose tob cco in any form, and single cans or other packaging of snuff or che 'ng tobacco. Cartons or other packaging containing more tha a single pack or other container as described in this subdivision s all not be considered individually packaged. LOOSIES. "Loosies" shall mea the common term used to refer to a single or individually packaged cigarette. MINOR. "Minor" shall mean a y natural person who has not yet reached the age of eighteen (18) years. RETAIL ESTABLISHMENT. " etail Establishment" shall mean any place of business where tobacco, tobacco products, or tobacco-related devices are available for sale to he general public. Retail establishments shall include, b t not be limited to, grocery stores, convenience stores, and restaur ts. MOVEABLE PLACE OF BUSI ESS. "Moveable Place of Business" shall refer to any form ofbusine s operated out of a truck, van, automobile, or other type ofveh'cle or transportable shelter and not a fixed address store front or othe permanent type of structure authorized for sales transaction . TOBACCO.AMD: 1/6/98 ttr~ Page 2 . 3-14-2: 3-14-3: . 3-14-4: . 3-14-5: SALE. A "Sale" shall mean y transfer of goods for money, trade, barter, or other consideration COMPLIANCE CHECKS. "Compliance Checks" shall mean the system the City uses to inves 'gate and ensure that those authorized to sell tobacco, tobacco products, and tobacco-related devices are following and complying with the requi ements of this ordinance. Compliance checks shall involve the use 0 minors as authorized by this ordinance. Compliance checks shall also ean the use of minors who attempt to purchase tobacco, tobacco pro ucts, or tobacco-related devices for educational, research, and tra'ning purposes as authorized by state and federal laws . Compliance hecks may also be conducted by other units of government for the p rpose of enforcing appropriate federal, state, or local laws and regula ions relating to tobacco, tobacco products, and tobacco-related evices. LICENSE REQUIRED. No p rson shall sell or offer to sell any tobacco, tobacco products, or t bacco-related devices without first having obtained a license to d so from the City. APPLICATION AND ISSUAN E OF LICENSE. An application for a license to sell tobacco, tobacco roducts, or tobacco-related devices shall be made on a form provi ed by the City. The application shall contain the full name of the ap licant, the applicant's residential and business addresses and teleph ne numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. Upon r ceipt of a completed application, the City Administrator shall forw d the application to the Council for action at its next regularly sch duled Council meeting. If the Administrator shall determine that an application is incomplete, he or she shall return the applicatio to the applicant with notice of the information necessary to make the application complete. The Council may either approv or deny the license, or it may delay action for such reasonable peri d of time as necessary to complete any investigation of the application or the applicant it deems necessary. LICENSE FEES AND TERM. 0 license shall be issued under this ordinance until the appropriat license fee shall be paid in full. The fee for a license under this ordi ance shall be an amount established by the City COWlcil. All licenses issued under this 0 dinance shall be valid for one calendar year from the date of issue. Fo any license issued after January 1 in any year, the fee shall be comp ted by pro-rating the annual fee over the remaining months or a frac . on thereof until December 31. DISPLAY OF LICENSE. Allli enses shall be posted and displayed in ,_ plain view of the general public on the licensed premise. II) ~., TOBACCO.AMD: 1/6/98 Page 3 . . . 3-14-6: 3-14-7: 3-14-8: 3-14-9: 3-14-10: 3-14-11: TRANSFERS. All licenses iss ed under this ordinance shall be valid only on the premises for whic the license was issued and only for the person to whom the license w s issued. No transfer of any license to another location or person sh I be valid without the prior approval of the Council. REVOCATION OR SUSPENS ON. Any license issued under this ordinance may be revoked or s spended as provided in the Violations and Penalties section of this 0 dinance. MOVEABLE PLACE OF BUS ESS. No license shall be issued to a moveable place of business. 0 ly fixed location businesses shall be eligible to be licensed under t . s ordinance. RENEWALS. The renewal of license issued under this section shall be handled in the same manne as the original application. The request for a renewal shall be ade at least thirty (30) days but no more than sixty (60) days befo e the expiration of the current license. BASIS FOR DENIAL OF LIC NSE. The following shall be grounds for denying the issuance or ren wal of a license under this ordinance; however, except as may othe 'se be provided by law, the existence of any particular ground for deni I does not mean that the City must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upo the discovery that the person was ineligible for the license under his section. A. The applicant is under t e age of 18 years. B. The applicant has been c nvicted within the past five years of any violation of a federal state, or local law, ordinance provision, or other regul tion relating to tobacco or tobacco products, or tobacco-reI a d devices. C. The applicant has had a icense to sell tobacco, tobacco products, or tobacco-related device within the preceeding twelve months of the date of application \ '(.f ~ 9.:~,;U;) D. The applicant fails to pro 'de any information required on the application, or provides f1 se or misleading infonnation. E. The applicant is prohibit d by federal, state, or other local law, ordinance, or other regul tion, from holding such a license. PROHIBITED SALES. It shall be a violation of this ordinance for any person to sell or offer to sell any tobacco, tobacco product, or tobacco- related device: A. To any person under the ge of eighteen (18) years. (0'1 TOBACCO.AMD: 1/6/98 Page 4 . . . 3-14-12: 3-14-13: B. By means of any type 0 vending machine, except as may otherwise be provided i this ordinance. C. By means of self-servic methods whereby the customer does not need to make a verbal r written request to an employee of the licensed premise in ord r to receive the tobacco, tobacco product, or tobacco-related devic and whereby there is not a physical exchange of the tobacco tobacco product, or tobacco-related device between the lice see or the licensee's employee, and the customer. D. By means ofloosies as efined in this ordinance. E. Containing opium, mo hine, jimson weed, bell a donna, strychnos, cocaine, ma "uana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances fo nd naturally in tobacco or added as part of an otherwise la ill manufacturing process. F. By any other means, to ny other person, or in any other manner or form prohibit d by federal, state, or other local law, ordinance provision, or ther regulation. VENDING MACHINE SALES. It shall be unlawful for any person licensed under this ordinance t allow the sale of tobacco, tobacco products, or tobacco-related de . ces by the means of a vending machine unless minors are at I times prohibited from entering the licensed establislunent. SELF-SERVICE SALES. It sh II be unlawful for a licensee under this ordinance to allow the sale of t bacco, tobacco products, or tobacco- related devices by any means hereby the customer may have access to such items without having to request the item from the licensee or the licensee's employee and wh reby there is not a physical exchange of the tobacco, tobacco product, r tobacco-related device between the licensee or his or her clerk and e customer. All tobacco, tobacco products, and tobacco-related d vices shall either be stored behind a counter or other area not freely accessible to customers or in a case or other storage unit not left open d accessible to the general public. Any retailer selling tobacco, tob ceo products, or tobacco-related devices at the time this ordinan e is adopted shall comply with this section within sixty (60) days. he self-service restrictions described in this section shall not apply to retail stores which derive at least 90% of their revenue from tobacco a d tobacco-related products which cannot be entered at any time b persons younger than 18 years of age. TOBACCO.AMD: 1/6/98 J 0'" ~ Page 5 3-14-14: . 3-14-15: . 3-14-16: . RESPONSIBILITY. Alllicens es under this ordinance shall be responsible for the actions of t eir employees in regard to the sale of tobacco, tobacco products, or to acco-related devices on the licensed premises, and the sale of such n item by an employee shall be considered a sale by the lie ens holder. Nothing in this section shall be construed as prohibiting the City from also subjecting the clerk to whatever penalties are approp 'ate under this ordinance, state or federal law, or other applicable law or regulation. COMPLIANCE CHECKS AND INSPECTIONS. All licensed premises shall be open to inspection by t e City police or other authorized City official during regular business hours. From time to time, but at least once per year, the City shall co duct compliance checks by engaging, with the written consent of the r parents or guardians, minors over the age of fifteen (15) years but les than eighteen (18) years, to enter the licensed premise to attempt to urchase tobacco, tobacco products, or tobacco-related devices. Minor used for the purpose of compliance checks shall be supervised by ity-designated law enforcement officers or other designated City perso e1. Minors used for compliance checks shall not be guilty of unlawful ossession of tobacco, tobacco products, or tobacco-related devices whe such items are obtained as a part of the compliance check. No min r used in compliance checks shall attempt to use a false identific tion misrepresenting the minor's age, and all minors lawfully engage in a compliance check shall answer all questions about the minor's ag asked by the licensee or his or her employee and shall produce an identification, if any exists, for which he or she is asked. Nothing in his section shall prohibit compliance checks authorized by state or fi derallaws for educational, research, or training purposes, or required or the enforcement of a particular state or federal law. ADMINISTRATIVE PENALTI A. If a licensee or employee of a licensee sells tobacco to a person under the age of 18 year, or violates any other provision of this ordinance, the licensee s all be charged an administrative penalty of$75. An admi 'strative penalty of $200 must be imposed for a second vio ation at the same location within 24 months after the initial . olation. For a third violation at the same location within 24 onths after the initial violation, an administrative penalty 0 $250 must be imposed, and the licensee's authority to se I tobacco at that location must be suspended for not less t an seven days. No suspension or penalty may take effect ntil the licensee has received notice, served personally or by ail, of the alleged violation and an opportunity for a hearin before a person authorized by the City to conduct the hearing. 10'" , TOBACCO.AMD: 1/6/98 Page 6 . . . B. An individual who sells t bacco to a person under the age of 18 years must be charged administrative penalty of$50. No penalty may be imposed til the individual has received notice, served personally or by ail, of the alleged violation and an opportunity for a hearin before a person authorized by the City to conduct the hearing. C. It is an affirmative defen e to the charge of selling tobacco to a person under the age of 8 years in violation of this ordinance that the licensee or indi dual making the sale relied in good faith upon proof of age a follows: 1. A valid driver's lic nse or identification card issued by the State ofMinnesot ,another state, or a province of Canada, and inclu 'ng the photograph and date of birth of the licensed per on; or 2. A valid military id ntification card issued by the United States Departmen of Defense; or 3. In the case of a for ign national, from a nation other than Canada, by a valid passport. D. Misdemeanor. Nothing i this section shall prohibit the City from seeking prosecution as a misdemeanor for any violation of this ordinance. E. Minor~. Minors found in unlawful possession of, or who unlawfully purchase or a tempt to purchase, tobacco, tobacco products, or tobacco-rela d devices, shall be 3-14-17: SEVERABILITY AND SAVING CLAUSE. If any section or portion of this ordinance shall be found constitutional or otherwise invalid or unenforceable by a court of com etent jurisdiction, that finding shall not serve as an invalidation or ffect the validity and enforceability of any other section or provision 0 this ordinance. Adopted by the City Council this 9th day of ebruary, 1998. Mayor City Administrator /b"O TOBACCO.AMD: 1/6/98 Page 7 . . . 11. CounciIAgenda-2/9/98 . (J.D.) The small group made up of Bruce T . elen, Brian Stumpf, Brad Barger, and Steve Andrews has met twice to disc ss design and financing issues. At this time, a complete recommendation fro the group has not been forwarded and is pending additional discussion. A meting of the small group has been scheduled immediately prior to the C'ty Council meeting on the 9th. In establishing the small group, it was h ped that a recommendation that could be acceptable to a small group repres nting both could be developed prior to consideration of the project by the ful boards. The following is a status report on the group discussion on va . ous facets of the project. Desi~ It appears that there is agreement on development of a facility design as recommended by the Task Force. The group has discussed cutting portions of the building to lower cost. It may be p ssible to reduce the cost of the facility by up to $500,000 by reducing the siz of city offices, reducing senior center space slightly, and by making reducti ns in the aquatics area. The group is sensitive to the goal of maintaining a unctional and attractive facility and does not want to make cuts that will dermine these goals. Location Although the group has heard other i eas from citizens regarding facility location, it appears that the site locati n is acceptable. No matter where the facility is located, there will be detrac ors. The facility fits the comprehensive plan for the city and therefore should e located as proposed. F' . Inancm~ There is some agreement on certain fi ancing issues, but a consensus on the complete financing plan has not devel ped. In terms of areas of agreement, all four members of the small group e interested in utilizing cash flow from liquor store proceeds to help sup ort the debt for the project thus reducing the direct tax impact. In the ast, liquor store funds have been used for Public Works projects and it was a so used to get the industrial development revolving loan fund star d. 1 . CounciIAgenda-2/9/98 Currently, the liquor store generates 0 er $240,000 per year in cash for various city projects. By the time the f: cility is built, there is likely to be over $500,000 available in addition to the a nual cash flow. The group would be willing to invest a portion of the annu I liquor store proceeds to help pay the facility debt. TIF dollars have not been allocated for the project due to the uncertainty regarding future TIF cash flows. Both HRA members have expressed a esire to construct the entire facility using a combination oflease revenue d liquor store funds. This option would not require a vote. As an altern tive to this proposal, it was suggested that city offices not be included in the roject, or if a vote was necessary, the city office portion should be put to a vo e. . Both City Council members have expr ssed support for constructing the core facility using lease revenue bonds. Th aquatics portion of the project would be funded via a combination ofliquor tore proceeds and a general obligation bond. This option would require a vote on the aquatics portion of the project. Under this option, the added annual c st for the aquatics portion of the project for $120,000 home would be $1 . The design of the core facility would allow future development of the aquat cs in the event the referendum is defeated. In summary, all four membe s of the small group indicated support for a community center but have not d veloped a consensus on a funding approach. C. ALTERNATIVE ACTIONS: 1. No action requested - Develop fi rmal position on February 23, 1998. The small group did agree that he formal decision on which direction to take should occur at the Feb ary 23 meeting of the City Council. In addition, the Task Force is exp cting notification of the date that the formal decision will be made a d we have not notified them of decision making on the 9th. Therefore, formal decision on which direction should take might be better lef to the 23rd. . Under this alternative, the sm II group has additional time to develop a consensus. If a consensus is ot developed, then the City Council can review the item on February 2 and forward its decision to the HRA for review at their regular mee ing in March. Please note that the HRA has a special meeting on ebruary 11 and has tentatively placed discussion of this item on its a enda. It is up to Council if it would like to communicate a position to t e HRA prior to this meeting. . CouncilAgenda-2/9/98 c. STAFF RECOMMENDATION: It is the recommendation of the City dministrator to continue small group discussions with final decision makin to occur on February 23 with or without a specific recommendation fro the small group. D. SUPPORTING DATA: None. . . 3. . . .. 12. Council Agenda - 2/9/98 (R.W.) Representatives from the city and tow ship again met on Thursday, February 5 to further discuss negotiat ons on a potential orderly annexation agreement. Township representatives presented a draft of an outline they wanted the city to consider as a possib e solution which is enclosed for your reVlew. As you may recall, there appeared to e a general agreement within the group that most of the issues and con erns discussed by the group pertaining to land use planning and the procedu es for future annexations have been ironed out and appeared to be agreea Ie concepts. The issues that remained to be further negotiated concerned th actual tax-sharing arrangement for future annexed properties and future oundary line adjustments to expand the orderly annexation area. The dra t proposal enclosed with the agenda and corresponding map of the area wi I need to be discussed by the full council in a closed session at the end f our meeting Monday night. Both the City Attorney Dennis Dahlen and Cit Planner Steve Grittman will be in attendance to review the proposal an make recommendations for Council consideration. B. ALTERNATIVE ACTIONS: 1. Council should close the meeti g at this point to continue discussions on our strategies on the annex tion dispute with the township. C. SUPPORTING DATA: Copy of township concept proposal; C py of corresponding boundary map. ." . DRAFT #2 For Consideration at Februa CONCEp.T..OUTLIN OF POTENTIAL ORDERLY ANNEXA ION AGREEMENT MONTICELLO T WNSHIP/CITY . 1. Annexations only by request of lando er of parcel to be annexed or on request of township. the City and consistent with the joint 2. ;l: 3. Creation of joint planning board consis . ng of five members, two appointed by the City, two appointed by the Townshi , and a fifth member jointly appointed by the City Couneil-anQ-'H}wn-Bo he-Gi-ty-and-T-eWll-Gannet-agFee-en the-4if-th-person, the-G:Hinty--Bear-d-wi ak-e-the-appe-intmenf.. Wright County ,J?9..~.Ig:.....AIL~'pp'.QJ!1trQ~nt~..~.b.f!n..Q.~...fQL~.t .gg~r.~.gJ:~9...Y~f!rJ~.rm~.>..~!!b..Q!l~...C!j:y and one Townshi term ex irin each ar. Funding for the joint planning board will be the same as the current jo nt planning board....lh~..w:righLCQ.Y.TIW Plannin and Zonin Administrator sha I act as zonin administrator for the area overned b the Joint Plannin Bo rd. . 4. Joint planning-be-aFdPlanning Board wi I adopt land use plan, zoning and subdivision ordinances within........................ .....If months of the date of this a eement and shall lace a moratoriu on subdivisions of less than 40 acres ~ml.Q.!1..r.~;?;QD.jng.f!D..4..y.m:!~J1.9..~..r.~.m~~~.t~.... ~...$.Qg.!1..f!~..P.If!9.tjg~Ql~,...w!!h..!miQ moratorium to be terminated agreem upon the adoption of said land use plan, zonin and subdivision ordinance . The land use plan will incorporate the Southwest Area Concept Plan. The 'oint plarming board's zoning and subdivision ordinances may be modele after the City's own zoning and subdivision ordinances. The joint pIa ing board ordinances will specify 1 1;).4'1 . interim land uses and zoning classific tions, and future land uses and zoning classifications, the method of future la d use authority transition within OAA, and the method in which the subdivisi n process will occur within the OAA. The joint planning board will update t e land use plan periodically. The Joint Plannin Board will consider amendm nts to the land use Ian u on etition of ~J;!!tg.QWJWr..Y.nQ.~.Lth~..J.Q.iD..tP.JJ~Jm.!.D.K. ..Q.;!r.Q.:.&jm;i~g.i~!iQD.....YP'QD..r.~mJ.~.~tQf..!h.~ Ci or Townshi or u on the Joint PI nnin Board's own initiative. 5. At least 50% of each parcel annexed ust be served with sewer and water within three years of annexation of the property. If not served within 3 years, no future annexations of any property ntil sewer and water are extended to 50% of said property. Exceptions to 5 % rule: A. Regulatory impossibility outside th City's control. (e.g. MPCA will not allow property to be sewered withi 3 yr. time period). B. Cost of installing utilities exceeds 0 150% of the City Engineer's estimate (same estimate as used for letter of credit?). C. Cemeteries and arcels used rima'l for water towers or wastewater treatment plants . 6. Annexation procedure: A. Landowner submits annexation peti ion and preliminary plat requirements to the City. B. The City forwards this information 0 the joint planning board with enough lead time for the joint planning bo d to make a determination and comment back to the City regarding the proposal's consistency with the joint planning board land use plan d contiguity of the property to the City. C. City grants equivalent ofprelimin plat approval (or site plan approval if platting of the property is not requir d by ordinance) and enters into development agreement consistent ith the land use plan in the OAA. The developer's agreement will require e developer to agree to install sanitary sewer and water to the propelty to b annexed and require developer to put up a letter of credit or other secUlity guaranteeing payment of installation of sewer and water utilities. The City ust also make a detelmination that the property is capable of being served ith City sewer and water within a three year peIiod and must estimate he cost of such service extension. . D. If the Ci and Townshi disa Tee 0 the consistenc of an ro osed .~ky..~lQp.m~m.t~i!hJh~J;!D.4.g&.~..p.J.~m... Q.~.ifJh~...CHY..~.nQ..IQ.Ml~.bj:p'..Qi~.~gr~~ 2 1:V~ . al E. City then annexes land to be sewer d and watered within three years of date of annexation and grants final plat pproval (or site plan approval, if appropriate). Future phases which ave received preliminary plat approval remain in township until they are ready to have utilities installed. . 7. erderly annexation agreement shall be in force for -l-925 years. If less than aeres% of ,1:h.~..9.rigin~.Lvac t residential land, aeres% of original vacant commercial I d or aeres% of the .QIigin~1.vacant industrial land ~iJhinJ.. ~..Q.AA..MJh~Ji.m~...Q.fJh~..~?f.~.9..YJi.Q.n..Qf this agreement remain in the OAf..,O at an time durin this a reement the City and Township shall have peri ime-{9-menth5+:}-tesix months to rene otiate the terms of this a reement. If a new or revised a reement is not ado ted b the Ci and Townshi wit in said six month eriod this .~gr.~.~.m~nJ..~.h~UJ.~.D..D:i.n~~~..~tJh~...~p'-'Q..Qf renegQtiatenagl:eement:....lf.nQ.new . . . .said six month, p.~ri9..Q:.: &-City owned land west of Highway 25 wi l-be-antl-e*ed-immedi-ately-u-pen approval of-tffis.-agree-men~ ship--and-M-M-B:- 8. PID # ma be annexe b the 1 Ci ursuant to ara ra h 6 .~.Q9..y~...9.Lyp.9.njn.~t~JJ~Ji.Q.n..Q.L~.~n.Hill.Y...~.. ~~r..l?~n~i9.~.Jhr9..1J.gh...~lJ~~~1 linear feet of the arcel in he event the Ci instaIls sanitm .~~~~.r...l?~IY.i9.~jP.-...?~ig..P.~I9.~.L~.?..~..m~.~.n~.. ...f.l?~!yi.ng.~H..Qr..p..~.rt..Q.f.~j.~.uQ.~nf.~ mobile home park with sanitary sewer. 9-:City will not annex, attempt to annex, or upport the annexation of any land outside of the OAA area while the agre ment is in feroe-: fQr9.~.:..Jn..1h.~.J~y~ntp.r9.p..~m..ftQm..QyJ~i!;kJ.. .~..QAA..~~.~.J~..~!}n~.?5:~.gJQ..th.~..Ci~ without the consent of the Townshi eithe via the Munici al Board its successor .~g~nf.y'..Qr 10. Tax sha-ring---te-be-deteFmineth . 9. OAA area--te-bendeteFffiinethboard or n other a enc with the authori to annex ro e the Ci a rees not to ovide munici al sewer service to such .@n.~.?5:~Q..p.rQP..~!1i~.~nQy.ri.!}gJh.~J~r.m...Q.f..L i.~..~gr.~.~.m~.!}1:mJnJh~m~.y~ntth~..C..i!Y. violates this rovision the Ci shall a the Townshi all taxes collected from 3 ,~~ . hm.4~.j!nn~~.~.4Jr.Q!n...m!~~.t4!:;...th!:;...Q.AA.... jthm~.Uh.~..TQ.wf.l:~.hip'~.~..!;.Qn~~DtfQLth~ duration of this agreement. J J. All Taxes due in the ear 0 annexatio I to land upon which the MPCA ll..QM..f?.r.gg . B. C. con emns land from cement lant for E. F . Provision to annex cement .fI~~W~YJ!9.9.~~.~:. 4 ,~.... ~ . IQFn.~hil?..}'y'.QYlg..Hk~..~nQm.~YJ~~~~..p.r.Q.yj.~ 9..~..Qm.in~~t.. . . 5 I~-( .,: . :...' NAC NO RT H WEST 612 595 9837 P.01/05 SSOCIATED CONSULTANTS 5775 WA ZATA BOULEVARD, SUITE 555 ST. L U IS F' A RK. M INN E SOT A 5 5 4 I 6 PHONE (51 2>SSS-96.35 DATE: 2--b-qB TO: hC-t::- WDv~~ FROM: -.----.....----.. QUANTITY: VIA: MAIL I ! ! !~,A[ I : : I Pie K U P OELIVE~Y ! PRO.JECT: JOB NUMBER: ".'....-..----- .., --".. -_.~_...-..J I NUMBER OF PAGES INCLUDING COVER: s s~' &e.-nTM .. .0. ,........__... _.._ _....__11__ ! i .._ _u_""'---___"_.__.... _____ _.. _~. MATERIAL/DES RIPTION: REMARKS; ~f\D~~ tJDJ fD{L D L -::mLt &J 1l oJ ~--'--_._' -..-,,"""- DATED; . ...,...' ,.....-......,., .....- '---- -....---..----....... __ '_'__'.0" ...... _... . XLI . . . FEB-06-1998 11:22 NAC 612 595 9837 P.02/05 City Council Closed Session ~ 2/09/98 wi Mo' Yes. (NAC) A REFER~NCE AND BACKGROUND: As you are aware, the Mayor and City St have been negotiating with Monticello Township representatives with regard to the possibility of an Orderly Annexation Area agreement If such an agreement were to be ade, the necessity of a hearing before the Minnesota Municipal Board (scheduled for M rch 9) would be avoided, and the current OM regulations and borders would be mo ffied. At the City Council's January 12 meeting, we reported on the possibility of an agreement based upon negotiations represented by a 12 point conceptual outll e. We believed that there was general agreement on 10 of the 12 points, with taxation and boundaries being the disputed areas. It was understood.that final language would b worked out on the ten points in which the City and Township seemed to be in concurre ceo The task which we left with from that negotiati n was to "prioritize"the three areas which the City has proposed be added to the OM: The southwest area generally along 90th Street, the northwest area generally around th Osowski property north of Silver Springs Golf Course, and the Orrin Thompson/Herm S south 40 acres. Our report back to the Township was that the City gave equal weight the two areas to the west, and would be willing to rate the Hermes property lower if e agreement were final/zed in the form generally agreed to by the negotiating group. At our meeting last Thursday, February S, . was discovered that the Township had prepared a proposal which gave a similar prio i2:ation to the three areas, but which also eliminated the agreement on attorney's fees to e prevailing party in a dispute, and added several restrictions to the annexation and d velopment of the lands in those areas. Moreover, the Township objected to the pro osed definition of contiguity (but could proposed no alternative definition), increased the term of the agreement to 2S years, created a tax penalty to the City if land were a naxed during the term of the agreement from outside the OM, and established a brand ew taxation scheme for annexed parcels [a declining percentage over 10 years for the eady-mix plant and the Monte Club, and a lump sum payment of 3 years taxes for all 0 ers]. Finally, the Township's proposal limited the ability to annex or develop into the new OM areas until at least after 2010, and in no case s ner than when the adjoining lands were "75% developed". This latter restriction creat s an arbitrary mandated staging that is unresponsive to current transportation patterns nd would ignore market conditions In the City over time. x-~ . "=s ::: ~ ~ ~ .2 "0 o ',.:;l g ::E '0 .€ u f:TI LJ ~~ "0"<: 35 :l .2 ~ ~~ ',9 ~ .9' ld ~ .!!l ~~ ~~ ! ~....,~V>_ :~ j .;;: ] o Q., j:l.., D Q] . 'S (1) S Q.) (1) bh < ~ o U') ._ ~~ a><--' ~~~ U<O ] ~~ U') ........ '-' o ~ 0...(1) O~ ~O o ........ ........ Q.) u .- ~ o ~ o ~ . ~.--.---_,.,.,I, 2 .... "<: 5 !!l 'll l!j !1 ~ ~~- 'll 'll~~ j ~'" '-' Q.,~ nm ~ :l o 'S :6 a ~ '" j j:l.., ri1..~. " ~ tl a ~ ~ ~ ~ ~ e 8 4- .. ~+m IJ . ..... -\ "(?i" !'~?t):,'J,/._1 ! 0, ~.l' \ ! I I ! :" ")i(' ... - ... t-J I.>J ," :, j;Kb . . . FEB-06-1998 11:22 NAC 612 595 9837 P.03/05 City Council Closed Session.. 2/09/98 Staff does not believe these changes are oDd policy for the City. The definition of "contiguous" was designed to avoid the need for City utilities to cross any township land in order to serve annexed property. The Ii itations on annexation process assured everyone that only landowner petitions would initiate annexation, and that annexed land would be ready for immediate development. ase two clauses together eliminated the possibility of llleapfrog developmenr in th OAA. The staging requirements of the Township's proposal are marketplace meddlin which have no relation to the ability of the City to assure orderly growth and efficient u of land. They could have the effect of creating an artificial barrier to growth which in ates the price of development land inside the OM boundary. The taxation proposal, a ough potentially acceptable, was a new format which the Township argued was being proposed due to "simplicity". The staff believes that the conceptual outline . hich had previously been discussed was a reasonable approach for all parties. It included concessions from the City's original proposal, but the value of establishing a new agl eement should have been worth the price which the Township was asking. This Is due to e revised boundaries which would permit protection of the future land uses in the C' s primary growth direction, and allow the extension of utilities in a manner which respon ad to City service capacity and landowner development pace. The new Township propo I interferes with those goals. With some modification of the proposal, the a reement could be made acceptable if the Hermes property were reinserted into the n w OAA boundary. Therefore, we would recommend that the City counterpropose two isaete options: Firlit, we would recommend the ncept format prior to the Township's most recent revisions, with a taxation structu e similar to state law (a six year declining payment), and boundaries which inclu e the two westerly OM expansion areas, excludes the Hermes property, and leav s the easterly OM area and the Franklin Denn property in or out as preferred by the Township. The second alternative would be a modification of the Township's counter- proposal as follows: 1. No change. 2. No change as written (inclu es the 20 foot contiguity definition). 3. No change. 4. No change as written. 5. Add D. Parcels which are undevelopable due to public use, natural environmental condition, or othe constraint beyond the City's control. 6. Add clarification that the Min . MuniCipal Board will review the issue on existing documents and attorney briefs, not full hearing. 7. 25 years for a time frame, b fill in the blanks with "50%". 8. Add "500 linear feet" as the ndition. X-3 . . . FEB-06-1998 11:22 NAC 612 595 9837 P.04/05 Ci.ty Council Closed Se.~ion # 2/09/98 9. Eliminate the taxation pena ty clause. 10. No change. 11. No change. 12. Revise as follows: Retain anguage in sub-paragraphs A., B., and C. Change the remainder to: D_ Annexation in Phas Two may not occur until events have occurred as follows: 1. Annexation in ubdistrict A of Phase Two may not occur until 50% of Subdi triet 4 of Phase One has been developed with public utilitie and urban development (as defined in paragraph 5) with n Subdistrict 4 of Phase One; Q[ urban develOpment in Su district 4 is contiguous with at least 1,320 feet of Subdistrict . after which land in Subdistrict A may be annexed accordin to the terms of paragraphs 6 above. 2. Annexation in ubdistriet B of Phase Two may not occur until 50% of Subdl ict 3 of Phase One has been developed with public utilitie and urban development (as defined In paragraph 5) with n Subdistrict 3 of Phase One; Q.[ urban development in Su istrict 3 is contiguous with at least 1,320 feet of Subdistrict ; after which land in Subdistrict B may be annexed accordin to the terms of paragraphs 6 above. 3. Annexation lands which straddle the boundary lines between Subdistri A and Subdistrict 4, or between Subdistrict Band Subdistric 3, shall be treated as qualifying for annexation as co plete parcels when that portion of the parcels within P ase One qualify for annexation under paragraph 6 above, notwithstanding the other provisions of this paragraph 12. 4. The Hermes pr perty in its entirety will be Included within the OM Bounda ,subject to annexation via the terms in paragraph 6 above 5. The properties to the east of the City currentry within the OAA, and that porti n of the Franklin Denn property currently within the OM, ma remain in or be taken out, as preferred by the Township. ~-~ . . . FEB-06-1998 11:23 NAC 612 595 9837 P.05/05 City Council Closed Session.. 2/09/98 These two options should be offered to the ~ ship with the clarification that they are not a smorgasbord. One of the difficulties in this egotistion has been that the Township has continually taken City concessions on indi dual points, isolated them, then asked for concessions on other points. It should be cl r that the City considers these two options are packages, and that a concession by the C' on one point is weighed against the value of the agreement to the City on another. T us far, the Township has not indicated any willingness to trade anything, only take con ssions. B. ALTERNATIVE ACTIONS The Council should consider its response to th Township and take action in open meeting under one of the actions as follows. 1. Motion to accept the Township proposal for an Orderly Annexation Area agreement as submitted by the Township, as mo meet 2. Motion to counterpropose to the Towns ip one of both of the two options suggested in this report. 3. Motion to table action on the agreeme t pending additional consideration. c. STAFF RECOMMENDATION Staff recommends the second alternative as au ined in this report. We do not believe that the proposal as suggested by the Township i in the best Interests of the City's planning and development goals. We do believe that it s important to obtain an agreement which replaces the current OM established by the Municipal Board in the early 1970s. That OM puts the City at a severe disadvantag In both planning for future growth and managing its infrastructure investments. Th s is particularly true given that the most expedient annexation rules do not apply in AA areas and the current OAA has no term ination date. However, an OM agreement which does not gain efficient land use and infrastructure management for the City is not of any benefit. If no agreement is attained, we believe that the City can make a very strong case for. th current annexation petitions before the Municipal Board in March. The primary downsid is that future annexations will be subject to the same Township objections, required n iation sessions, and potentially, Municipal Board Hearings as with the current situation. D. SUPPORTING DATA None '1-( TOTAL P. 05 . . . Conncil Agenda Update - 2/9/98 Planning Commission A tions Taken 2.3.98 1. Variance Approved: A petition for v 'ance was heard by the Planning Commission for 300 East 3rd Street, t e residence of Mr. Jerry Sonsteby. The Planning Commission granted a v . ance to locate a new residence 10 feet from the west side property line fr nting on Palm Street. In part as a result of this variance, at heir next meeting the Commission will be looking at possibly modifYing setba k requirements for urban residential development and redevelopment as op osed to new suburban residential development. i : The Planning Commission called for a public hearin at its next meeting for consideration of adoption of amendments to the City Zoning Map and Zoning Code relating to the establishment of the Central Co munity District (CCD) and transitional rezoning including the co sideration of Performance Zone-Mixed (PZM) District. 2. 3. SouthweRt Annexation Area: The PIa ing Commission called for a public hearing at its next meeting for consid ration of adoption of amendment to the Comprehensive Plan guiding land use and planning for related utility services in the areas adjacent to the C ty's south and west bonndaries. 8RC FINANCIAL SYSTEM 01/29/98 14:40:00 . Schedule of Bills CITY OF MONTICELLO GL050S-V05.20 COVERPAGE GL540R Report Selection: RUN GROUP... 0129 COMMENT _ _. 1/29 KS DATA-JE-IO DATA COMMENT 0-01291998-320 1/29 CKS Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines cpr J 01 Y S 6 066 10 . . aRC FINANCIAL SYSTEM CITY OF MONTICELLO ~illif9' 11,10,01 Schedule of B; 1 s GL540R-V05.20 PAGE 1 V R NAME OESCRIPTION AMOUNT ACCOUNT NAME UNO & ACCOUNT CLAIM INVOICE POil FIP 10 LINE BERNICK'S PEPSI COLA COM *FY* BEER 1,266.80 BEER 09.49750.2520 320 00008 *FY* MISC TAXABLE 92.70 MISC TAXABLE 609.49750.2540 320 00009 1,359.50 *VENDOR TOTAL BRAUN INTERTEC CORPORATI *FY* WWTP .3,486.64 MISC PROFESSIONAL SERVIC 436.49201.3199 9/6 TO 10/3 320 00012 DAY DISTRIBUTING COMPANY *FY* BEER 405.50 BEER 609.49750.2520 320 00010 *FY* MISC TAXABLE 299.15CR MISC TAXABLE 609.49150.2540 320 00011 106.35 *VENDOR TOTAL NORTHWEST ASSOC CONSULTA *FY* ANNEXATION STUDY 310.35 MISC PROFESSIONAL SERVIC 101.41910.3199 1682 320 00003 *FY* KLUCAS REZONING 14.80 MISC PROFESSIONAL SERVIC 101.41910.3199 1682 320 00004 *FY* PROF SERVICES 2,326.90 MISC PROFESSIONAL SERVIC 101.41910.3199 1682 320 00005 *FY* HOSPITAL EXPANSION 1,418.28 MISC PROFESSIONAL SERVIC 101.41910.3199 1683 320 00006 *FY* PROF SERVICES 1,512.00 MISC PROFESSIONAL SERVIC 101.41910.3199 7683 DECEMBER 320 00001 *FY* MEETINGS 600.00 MISC PROFESSIONAL SERVIC 101.41910.3199 7684 320 00001 *FY* PARKS PLAN 1,599.15 MISC PROFESSIONAL SERVIC 101.41910.3199 7685 320 00002 R~ TIRE OF MONTICELLO 7,961.48 *VENDOR TOTAL *FY* SLOG INSPITIRE MNT 104.75 REPAIR & MTC ~ VEHICLES 101.42401.4050 320 00015 SCHLUENDER CONSTRUCTION *FY* 3RD & WASHINGTON 541.00 MISe PROFESSIONAL SERVIC 601.49440.3199 2706 320 00014 TWIN CITIES FLAG SOURCE *FY* FLAG REPAIR 42.00 REPAIR & MTC - OTHER 609.49754.4099 16628 320 00013 . 8RC FINANCIAL SYSTEM 019/98 14:40:01 VI: R NAME DESCRIPTION AMOUNT REPORT TOTALS: 13,601.72 ACCOUNT NAME RECORDS PRINTED - 000015 . . Schedule of 8ills UNO & ACCOUNT CITY OF MONTICELLO GL540R-V05.20 PAGE 2 CLAIM INVOICE PO# FIP 10 LINE BRC FINANCIAL SYSTEM 0~98 14:40:02 FUND RECAP: Schedule of Bills FUND DESCRIPTION CITY OF MONTICELLO GL050S-V05.20 RECAPPAGE GL540R DISBUR EMENTS 101 GENERAL FUND 436 93-14C WWTP EXPANSION PRJ 501 WATER FUND 609 MUNICIPAL LIQUOR FUND TOTAL ALL FUNDS BANK RECAP: BANK NAME DISBUR EMENTS ----------------~----------- GENL GENERAL CHECKING LIQR LIQUOR CHECKING T. ALL BANKS 8, 66.23 3, 86.64 41.00 1,07.85 13, 01.72 12, 93.87 1. 07.85 13,601.72 THE PRECEDING LIST OF BILLS PAYABLE WAS REVI WED AND APPROVED FOR PAYMENT. DATE ............ APPROVED BY . .....-. ............... ..+ +... I... + + . . . . . . . . . ~ . . . . . . . . . . . + + . . . . . . . . B~FINANCIAL SYSTE~ 0..,5/98 15:35:38 Schedule of Bills CITY OF MONTICELLO GL050S-V05.20 COVERPAGE GL540R Report Selection: RUN GROUP.. + 0205 COMMENT. +. 2/05 C S DATA-JE-ID DATA COMMENT -------~------ ------------------------ 0-02051998-322 2/5 CKS Run Instructions: Jobq Banner Copies Form Printer Hold S ace LPI Lines CPI J 01 Y S 6 066 10 . , . - -~.- _.,- - ---"-~'--,- BRC FINANCIAL SYSTEM CITY OF MONTICELLO ./98 15:35;38 Schedule of Bi ls GL540R-V05.20 PAGE 1 VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# FIP 10 LINE A T & T WIRELESS SERVICE AN SHELTER-CELLULAR 10.58 TELEPHONE 101.42701.3210 322 00036 AMERICAN PAGING OF MINNE JOHN M & RICH C 18.38 TELEPHONE 601.49440.3210 322 00037 MATT 27. 24 TELEPHONE 602.49490.3210 322 00038 PATTY 15.14 TELEPHONE 101.42701.3210 322 00039 JOHN S 9.19 TELEPHONE 101.43110.3210 322 00040 GARY A 9.19 TELEPHONE 101.42401.3210 322 00041 JOHN L 9.19 TELEPHONE 101.45201.3210 322 00042 TOM B 9.19 TELEPHONE 101.43115.3210 322 00043 ROGER 9.19 TELEPHONE 101.43120.3210 322 00044 106.71 *VENDOR TOTAL BERNICK'S PEPSI COLA COM BEER 1,198.95 BEER 09.49750.2520 322 00049 MISC TAXABLE 171.35 MISC TAXABLE 09.49750.2540 322 00050 1,370.30 *VENDOR TOTAL BURLINGTON NORTHERN & SF *FY* ELM & WALNUT 36,000.00 IMPROVEMENTS 40.49201.5301 497115742 322 00001 Ct~AR 2000 OF ST CLOU TOM B 10.82 TELEPHONE 101.43115.3210 322 00045 FIRE DEPT 0.61 TELEPHONE 101.42201.3210 322 00046 GARY A 16.25 TELEPHONE 101.42401.3210 322 00047 MA TT T 11.72 TELEPHONE 601.49440.3210 322 00048 39.40 *VENDOR TOTAL CLARK FOOD SERVICE, INC. *FY* CH-SUPPLIES 115.60 MISC OPERATING SUPPLIES 1 1.41940.2199 V251981 322 00002 CONSULTING RADIOLOGISTS, WALTER C MACK 26.00 MISC GENERAL INSURANCE 1 1. 49240.3699 01-10-149424 322 00051 CRYSTEEL TRUCK EQUIPMENT *FY* STREETS-SUPPLIES 66.22 EQUIPMENT REPAIR PARTS 1 1.43120.2210 135821 322 00003 CUSTOM MOTORS *FY* PARKS-SEAT 53.25 VEHICLE REPAIR PARTS 1 1.45201.2211 9427 322 00004 DAHLHEIMER DISTRIBUTING BEER 4,326.96 BEER 609.49750.2520 322 00053 NON ALCOHOLIC 243.00 MISC TAXABLE 609.49750.2540 322 00054 4,569.96 *VENDOR TOTAL DAIIIIJTRIBUTING COMPANY 559.20 BEER 60 .49750.2520 322 00055 BRC FINANCIAL SYSTEM CITY OF MONTICELLO 0.98 15:35:38 Schedule of Bi ls GL540R-V05.20 PAGE 2 VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P 10 LINE DC SALES COMPANY, INC STORM-PW 590.01 1997 STORM DAMAGE EXPENS 101.42501.4401 653710 322 00052 DOTY/KAREN MILEAGE EXPENSE REIMB 24.92 TRAVEL EXPENSE 101.41301. 3310 322 00056 CC MTG REIMB 78.38 MISC OTHER EXPENSE 101.41110.4399 322 00057 103.30 *VENDOR TOTAL FAI R/WI LLIAM EXPENSE REIMB 101.60 TRAVEL EXPENSE 101.41110.3310 322 00058 FEDERAL EXPRESS INSP-OELIVERY EXP 21.50 MISC OTHER EXPENSE 101.42401.4399 322 00059 FLESCH'S PAPER SERVICES, LIQUOR-SUPPLIES 159.59 LIQUOR STORE SUPPLIES 609.49754.2140 996250 322 00060 GRIGGS, COOPER & COMPANY FREIGHT 93.00 FREIGHT 609.49750.3330 322 00061 LIQUOR 6,522.02 LIQUOR 609.49750.2510 322 00062 ~ MISC TAXABLE 390.33 WINE 609.49750.2530 322 00063 56.00 MISC TAXABLE 609.49750.2540 86990 322 00064 7,061.35 *VENDOR TOTAL GROSSLEIN BEVERAGE INC. BEER 5,264.30 BEER 09.49750.2520 144140,143824 322 00065 HERMES/GERALD T LIBRARY CLEANING 227.50 PROF SRV - CUSTODIAL 11.45501.3110 2/1 TO 2/15 322 00066 HOGLUND COACH LINES LTD *FY* CONTRACT 5,433.64 PROF SVR - HEARTLAND BUS 10.49801.3060 DECEMBER 322 00005 HOISINGTON KOEGLER GROUP *FY* PLANNING SERVICE 627.59 MISC PROFESSIONAL SERVIC 01.41910.3199 DECEMBER 322 00006 JERRY'S AUTO SALVAGE, IN *FY* SEWER-THERMO HSING 10.65 EQUIPMENT REPAIR PARTS 02.49490.2210 1100297 322 00009 JOHNSON BROS WHOLESALE L FREIGHT 29.64 FREIGHT 09.49750.3330 322 00067 LIQUOR 598.68 LIQUOR 09.49750.2510 322 00068 WINE 1,339.17 WINE 09.49750.2530 322 00069 1.967.49 *VENDOR TOTAL KI STORE PW-FILM 95.82 MISC OPERATING SUPPLIES 01.43115.2199 322 00007 * WWTP PAID TWICE 4.36CR PROF SRV - CONSTRUCTION 36.49201.3025 322 00008 91.46 *VENDOR TOTAL BRC FINANCIAL SYSTEM CITY OF MONTICELLO ./98 15:35:38 Schedule of Bi1 s GL540R-V05.20 PAGE 3 VENOOR NAME OESCRIPTION AMOUNT ACCOUNT NAME UNO & ACCOUNT CLAIM INVOICE POll F/P 10 LINE LEAGUE OF MN CITIES INS INSURANCE-ORO REG 500.00 MISC GENERAL INSURANCE 01.49240.3699 11015423 322 00070 MARCO BUSINESS PRODUCTS, *FY* CH-MA SF2022 COPIER 243.62 MAINTENANCE AGREEMENTS 01.41301.3190 322 00010 MEDTOX LABORATORIES *FY*-STREETS-DRUG TSTING 92.00 MISC PROFESSIONAL SERVIC 1 01.43120.3199 322 00011 MICHELS TRUCKING, INC *FY* LIQUOR - FREIGHT 74.00 FREIGHT 09.49750.3330 322 00012 MN COUNTIES INSURANCE TR PW ADM-MEMBERSHIP 250.00 DUES, MEMBERSHIP & SUBSC 1 01.43110.4330 322 00080 MN JAYCEES LIQUOR-ADVERTISING 52.50 ADVERTISING 09.49754.3499 322 00072 MN MAYORS ASSOCIATION MEMBERSHIP DUES 20.00 DUES, MEMBERSHIP & SUBSC 1 01.41110.4330 322 00073 M~ETY COUNCIL OM-MEMBERSHIP 175.00 DUES, MEMBERSHIP & SUBSC 1 01.41301.4330 322 00071 MONTICELLO CHAMPION AUTO *FY* STREET -MATS 3.20 VEHICLE REPAIR PARTS 101.43120.2211 11999 322 00013 MONTICELLO PRINTING *FY* FIRE-PRINTED FORMS 52.30 MISC PRINTING 101.42201.3599 322 00014 *FY* FIRE-OFFICE SUPPLY 15.34 MISC OFFICE SUPPLIES 101.42201.2099 322 00015 67.64 *VENDOR TOTAL MONTICELLO ROTARY OLLIE-MEMBERSHIP 232.00 OUES, MEMBERSHIP & SUBSC 1 1.46501.4330 322 00078 MONTICELLO SENIOR CITIZE CONTRACT 2,833.33 SENIOR CENTER CONTRIBUTI 1 1.45175.3136 MARCH 322 00079 MONTICELLO TIMES *FY* LEGAL 1,961.91 LEGAL NOTICE PUBLICATION 1 1.41601. 3510 322 00016 *FY* SNOW PLOWING 70.20 GENERAL PUBLIC INFORMATI 1 1.43110.3520 322 00017 *FY* BLG PERMITS 163.80 GENERAL PUBLIC INFORMATI 1 1. 42401. 3520 322 00018 *FY* RECYCLING INFO 33.60 GENERAL PUBLIC INFORMATI 1 1.43230.3520 322 00019 *FY* LIBRARY TIMES VOL 224.25 GENERAL PUBLIC INFORMATI 2 1.45501.3520 322 00020 *FY* L1QUOR- ADV 296.25 AOVERTISING 6 9.49754.3499 322 00021 *FY* COMMUNITY CENTER 210.60 ADVERTISING 1 1.41910.3499 322 00022 . PARKS 181.80 ADVERTISING 1 1. 4520 1. 3499 322 00,023 3,142.41 *VENOOR TOTAL n_._ ._~--_._-_.- --.. --- BRC FINANCIAL SYSTEM CITY OF MONTICELLO 0.98 15:35:38 Schedule of Bill GL540R-V05.20 PAGE 4 VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME F NO & ACCOUNT CLAIM INVOICE PO# F/P 10 LINE MONTICELLO/CITY OF LIQUOR-SEWAGE/WATER 29.74 WATER & SEWER 6 9.49754.3820 322 00077 MOON MOTOR SALES, INC. *FY* TREE FUND-CHAIN 13.84 MISC OPERATING SUPPLIES 2 4.46102.2199 322 00024 NEVIN SONDROL REFUND-14-0255-0000 45.89 ACCOUNTS RECEIVABLE 6 1.11501 322 00115 NORTHERN STATES POWER CO WATER 2,875.19 ELECTRIC 6 1.49440.3810 322 00081 SEWER 1.583.09 ELECTRIC 602.49490.3810 322 00082 STREET LIGHTS 775.17 ELECTRIC 101.43160.3810 322 00083 DEP REG 76.19 ELECTRIC 101.41990.3810 322 00084 PARKS 887.27 ELECTRIC 101.45201.3810 322 00085 CIVIL DEFENSE 14.27 ELECTRIC 101.42501.3810 322 00086 SHOP/GARGE 701.48 ELECTRIC 101.43127.3810 322 00087 FIRE DEPT 344.17 ELECTRIC 01.42201.3810 322 00088 LI BRARY 1.256.51 ELECTRIC 11.45501.3810 322 00089 C!TY HALL 726.00 ELECTRIC 01.41940.3810 322 00090 ,ING LOTS 135.45 ELECTRIC 01.43140.3810 322 00091 OR 926.77 ELECTRIC 09.49754.3810 322 00092 10.301.56 *VENDOR TOTAL NORTHWESTERN SUPPLY COMP LIQUOR-PLASTIC TWINE 24.24 MISC OPERATING SUPPLIES 09.49754.2199 322 00093 PETERSEN'S MONT FORO-MER *FY* STREETS-AUTO MAINT 80.27 VEHICLE REPAIR PARTS 01.43120.2211 322 00025 PHILLIPS WINE & SPIRITS FREIGHT 84.76 FREIGHT 609.49750.3330 322 00094 LIQUOR 3,251.55 LIQUOR 609.49750.2510 322 00095 WINE 2.193.83 WINE 609.49750.2530 322 00096 5.530.14 *VENDOR TOTAL PHOTO I *FY* WWTP-REPRINTS 4.17 MISC PROFESSIONAL SERVIC 4 36.49201.3199 322 00026 *FY* COMM CENTER-FILM 41. 27 MISC PROFESSIONAL SERVIC 1 01.41910.3199 322 00027 *FY* PLANNING-FILM 12.34 MISC OTHER EXPENSE 101.41910.4399 322 00028 *FY* BLDG INSP-FILM DEV 10.93 MISC PROFESSIONAL SERVIC 1 01.42401.3199 322 00029 68.71 *VENDOR TOTAL PREFERRED TITLE REFUND-B-0422-0001 25.33 ACCOUNTS RECEIVABLE 601.11501 322 00097 ~SIONAL SERVICES GR SUNNY FRESH TESTS 1,513.60 MISC PROFESSIONAL SERVIC 6 02.49480.3199 OCT.NOV.DEC 322 00030 ---'~---'--,,~- --_.~'-_._-- BRC FINANCIAL SYSTEM CITY OF MONTICELLO ./98 15:35:38 Schedu 1 e of e'1 15 GL540R-V05.20 PAGE 5 VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE POll F/P ID LINE PUBLICORP. INC HRA-OLLIE-PUBLICORP SEM 150.00 CONFERENCE & SCHOOLS 213.46301.3320 322 00112 QUALITY WINE & SPIRITS C LIQUOR 310.94 LIQUOR 609.49750.2510 322 00098 WINE 143.00 WINE 609.49750.2530 322 00099 453.94 *VENDOR TOTAL RED'S MOBIL *FY* FIRE-VEH MAINT 284.55 REPAIR & MTC - VEHICLES 101.42201.4050 322 00031 RIVERPLACE PHYSICIANS STREETS-DRUG TESTING 220.00 MISC PROFESSIONAL SERVIC 101.43120.3199 322 00100 RON'S GOURMET ICE LIQUOR-ICE 30.00 MISC TAXABLE 609.49750.2540 322 00113 ROYAL PRINTING & OFFICE *FY* LIBRARY-SUPPLIES 85.20 DUPLICATING & COPY SUPPL 211.45501. 2020 322 00101 *FY* LIBRARY-SUPPLIES 23.43 MISC OFFICE SUPPLIES 211.45501.2099 322 00102 *FY* WWTP-LABELS 11.40 MISC OPERATING SUPPLIES 436.49201.2199 322 00103 ~ COM CENTER-SURVEY 64.49 GENERAL PUBLIC INFORMATI 101.41910.3520 322 00104 FF I CE SUPPLI ES 118.94 MISC OFFICE SUPPLIES 101.43110.2099 322 00105 WWTP-OFFICE SUPPLIES 56.15 MISC OPERATING SUPPLIES 436.49201.2199 322 00106 PW-OFFICE SUPPLIES 147.29 MISC OFFICE SUPPLIES 101.43110.2099 322 00107 CH-OFFICE SUPPLIES 25.92 MISC OFFICE SUPPLIES 101.41301.2099 322 00108 AN SHELTER-OFFICE SUPP 70.47 MISC OFFICE SUPPLIES 01.42701.2099 322 00109 ANNEXATION-COPIES 88.74 MISC PROFESSIONAL SERVIC 01.41910.3199 322 00110 PLANNING-COPIES 314.46 MISC PROFESSIONAL SERVIC 01.41910.3199 322 00111 PW-POSTAL SCALE 227.12 OFFICE EQUIPMENT 01.43110.5701 322 00132 1,233.61 *VENDOR TOTAL SALZWEDEL/PATRICIA SUPPLY REIMB 70.38 MISC OPERATING SUPPLIES 01.42701.2199 322 00074 TRAVEL REIMB 77.56 TRAVEL EXPENSE 01.42701.3310 322 00075 FRAMING CHARTS 90.52 MISC OTHER EXPENSE 01.42701.4399 322 00076 238.46 *VENDOR TOTAL ST. CLOUD RESTAURANT SUP LIQUOR-MISC TAXABLE 34.75 MISC TAXABLE 609.49750.2540 322 00114 SUPERIOR SERVICES-CENTRA *FY* GARBAGE 8.464.51 PROF SRV - REFUSE COLLEC 1 1.43230.3100 DECEMBER 322 00032 T J MARTIN/LAKE TOOL REFUND-7-0157-0000 730.32 ACCOUNTS RECEIVABLE 61.11501 322 00117 T.ECOM LI BRARY- 55.57 TELEPHONE 2 1.45501.3210 322 00116 BRC FINANCIAL SYSTEM CITY OF MONTICELLO .98 15:35:38 Schedule of Bills GL540R-V05.20 PAGE 6 VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME F NO & ACCOUNT CLAIM INVOICE POll FIP 10 LINE THORPE DISTRIBUTING COMP BEER 5,642.15 BEER 6 9.49750.2520 322 00118 MISC TAXABLE 57.90 MISC TAXABLE 6 9.49750.2540 322 00119 5,700.05 *VENDOR TOTAL TOTAL REGISTER SYSTEMS, *FY* LIQUOR-R&M EQUIP 318.76 REPAIR & MTC - MACH & EQ 6 9.49754.4044 322 00033 U SLINK CH 70.69 TELEPHONE 1 1.41301.3210 322 00120 FIRE DEPT 0.22 TELEPHONE 101.42201.3210 322 00121 AN SHELTER 16.64 TELEPHONE 101.42701.3210 322 00122 PW 2.27 TELEPHONE 101.43110.3210 322 00123 DEP REG 0.17 TELEPHONE 101.41990.3210 322 00124 LIQUOR 10.50 TELEPHONE 09.49754.3210 322 00125 100.49 *VENDOR TOTAL USA WASTE SERVICES, INC *FY* REFUSE 2,746.95 PROF SRV - REFUSE COLLEC 01.43230.3100 THROUGH 12/31 322 00034 Vi COCA COLA OR-TAXABLE MISC 368.25 "lISC TAXABLE 09.49750.2540 322 00126 WATSON COMPANY, INC/THE GEN OP 230.61 MISC OPERATING SUPPLIES 09.49754.2199 322 00127 MISC TAXABLE 327.61 MISC TAXABLE 09.49750.2540 322 00128 558.22 *VENDOR TOTAL WRIGHT COUNTY DEPT OF HI *FY* WATER-UTIL PERMIT 50.00 LICENSES & PERMITS 601.49440.4370 1754 322 00035 WRIGHT HENNEPIN SECURITY DEP REG 19.12 MAINTENANCE AGREEMENTS 101.41990.3190 MONITORING 322 00130 PARKS 15.98 MAINTENANCE AGREEMENTS 101.45201.3190 MONITORING 322 00131 35.10 *VENDOR TOTAL WRIGHT-HENNEPIN COOP ELE STREET LIGHTS 8.00 ELECTRIC 101.43160.3810 322 00129 . BRC FINANCIAL SYSTEM ~/98 15:35:38 VENDOR NAME DESCRIPTION REPORT TOTALS: . . AMOUNT 111 .677 .75 ACCOUNT NAME RECORDS PRINTED - 000132 Schedule of Bills FUND & ACCOUNT CITY OF MONTICELLO GL540R-V05.20 PAGE 7 CLAIM INVOICE PO~ F/P 10 LINE BRC FINANCIAL SYSTEM ~/98 15:35:41 FUND RECAP: FUND DESCRIPTION 101 GENERAL FUND 211 LIBRARY FUND 213 HRA FUND 224 SHADE TREE FUND 240 CAPITAL PROJECT REVOLVING FD 436 93-14C WWTP EXPANSION PRJ 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 610 TRANSPORTATION FUND TOTAL ALL FUNDS BANK RECAP: ~ ~~~=------------------------ GENL GENERAL CHECKING LIQR LIQUOR CHECKING TOT AL ALL BANKS Schedule of ills CITY OF MONTICELLO GL060S-V05.20 RECAPPAGE GL540R DISBUR EMENTS 25. 88.74 1,872.46 150.00 13.84 36.000.00 67.36 3, 56.83 3,134.58 35,360.30 5,433.64 111,677.75 DISBUR EMENTS 76,317 .45 35,360.30 111,677.75 THE PRECEDING LIST OF BILLS PAYABLE WAS REVIEWED AND APPROVED FOR PAYMENT. DATE ............ . APPROVED BY 3RC FINANCIAL SYSTEM J4IIIt98 12:35:20 Schedule of Bills CITY OF M NTICELLO GL050S-V05.20 OVERPAGE GL540R Report Selection: RUN GROUP... M131D COMMENT... 1/31 MANUAL CKS DATA-JE-lD DATA COMMENT -------------- ------------------------ M-01311998-312 1/31/98 MANUAL CKS Run :nstructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI J 01 Y S 6 066 15 . . BRC FINANCIAL SYSTEM CITY OF MONTICELLO 0.98 12:35:2' Schedule of Bill GL540R-Y05.20 PAGE 1 VENDOR NAME )ESCRIPT ION AMOUNT ACCOUNT NAME F NO & ACCOUNT CLAIM INYOICE PO# F/P 10 LINE A E MICHAELS *eY* S/8 AN SHELTER 798.60CR TIF PAYBACK INSTALLMENTS 2 13.46515.6511 312 00024 *FY* AN SHEL-FLOOR&PAINT 798.60 BUILDINGS 101.42701.520; 312 00025 8.00 *YENDOR TOTAL ADOLFSON & PETERSON, INC *FY* #9 BALANCE 2,835.63 PROF SRY - CONSTRUCTION 436.49201.3025 312 00019 HARTMAN/JOSEPH A LIQ-SHREDDER&CALULATOR 223.63 OTHER EQUIPMENT 09.49754.5801 RE I MBU RSEMENT 312 00043 HIGH TECH ROOFING STORM-DEP REG ROOF 19,683.34 1997 STORM DAMAGE EXPENS 1 01.42501.4401 312 00035 MARQUETTE BANK MONTICELL 19968 BOND 125,000.00 BOND PRINCIPAL 85.47001.6010 312 00036 BOND INTEREST 7,445.00 BOND INTEREST 85.47001.6110 312 00037 1996A BOND 130,000.00 BOND PRINCIPAL 30.47001.6010 312 00038 BOND INTEREST 23,111.25 BOND INTEREST 30.47001.6110 312 00039 '! 996C BOND 90,000.00 BOND PRINCIPAL 60.47001.6010 312 00040 BOND INTERES: 1'i,686.25 BOND INTEREST 60.47001.6110 312 00041 ~ TRANSFER FEE 15.00 BANK CHARGES 01.41520.4398 312 00042 387,257.50 "'YENDOR TOHL MN DEPART OF NATURAL RES SNOWMOBILE REG 2,568.00 DNR PAYABLE 01.20811 312 00001 ATY REG 534.00 DNR PAYABLE 01.20811 312 00002 WATERCRAFT TITLE 27.00 DNR PAYABLE 01.20811 312 00009 WA TERCRAFT REG 20.00 DNR PAYABLE 01.20811 312 00010 SNOWMOBILE REG 682.00 DNR PAYABLE 01.20811 312 00011 ATY REG 438.00 DNR PAYABLE 01.20811 312 00012 WATERCRAFT TITLE 424.00 DNR PAYABLE 01.20811 312 00016 SNOWMOBILE REG 515.00 DNR PAYABLE 01.20811 312 00017 A TY REG 412.00 DNR PAYABLE 01.20811 212 00018 WATERCRAFT TITLE 132.00 DNR PAYABLE 01.20811 312 00031 WATERCRAFT REG 698.00 DNR PAYABLE 01.20811 312 00032 SNOWMOBILE REG 1,333.00 DNR PAYABLE 101.20811 312 00033 ATY REG 48.00 DNR PAYABLE 01.20811 312 00034 7,831.00 *YENDOR TOTAL MONTICELLO DEPUTY REG #0 WWTP-98 POLAR TRAILER 13.50 LICENSES & PERMITS 36.49201.4370 312 00015 NASASP PROGRAM ADMINISTR DUPLICATE CK-YOID- 35.00CR DUES, MEMBERSHIP & SUBSC 1 01.43110.4330 312 00020 p. BOWES OSTAGE MACHINE RENT 440.91 EQUIPMENT RENTAL 101.41940.4150 1ST QTR 1998 312 00030 8RC FINANCIAL SYSTEM CITY OF MONTICELLO ./98 12:35:21 Schedule of Bill GL540R-V05.20 PAGE 2 VENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME F ND & ACCOUNT CLAIM INVOICE POll F/P 10 LINE ROBERT & ANITA GRIEMAN EASEMENT 3,462.18 MISC PROFESSIONAL SERVIC 4 9.49201.3199 312 00013 U.S. POSTMASTER OEP REG-POSTAGE 364.00 POST AGE 1 1.41990.3220 312 00004 WINTER NEWSLTR-POSTAGE 462.02 NEWSLETTER 101.41301.3195 312 00008 PW-POSTAGE FOR MACHINE 1,000.00 POSTAGE 101.43110.3220 312 00014 (1) ROLL STAMPS 32.00 POSTAGE 101.42201.3220 312 00021 PO BOX RENTAL-SEMI 6.00 MISC OTHER EXPENSE 101.42201.4399 312 00022 NEWSLETTER/POSTAGE 439.67 POSTAGE 01.43230.3220 312 00023 *FY* WATER POSTAGE 4THQT 190.12 POST AGE 01.49440.3220 312 00026 *FY* SEWER POSTAGE 4TH Q 190.12 POSTAGE 02.49490.3220 312 00027 CH-POSTAGE 2,000.00 POSTAGE 01.41301.3220 312 00028 POSTAGE FOR NEW MACHINE 2,000.00 POSTAGE 01.41301.3220 312 00029 6,683.93 *VENDOR TOTAL UNIVERSITY OF MINNESOTA WANDA/FESTIVAL MGR PRG 499.00 CONFERENCE & SCHOOLS 01.41910.3320 312 00005 WRIGHT COUNTY RECORDER EASEMENT-KLEIN FARMS 4 19.50 MISC PROFESSIONAL SERVIC 58.49201.3199 312 00006 ~MENT-MEADOW OAKES 19.50 MISC PROFESSIONAL SERVIC 439.49201.3199 312 00007 39.00 *VENDOR TOTAL WRIGHT COUNTY SURVEYOR PW/PLAT COPIES 57.00 MISC PROFESSIONAL SERVIC 101.43110.3199 312 00003 . BRC FINANCIAL SYSTEM Q~98 12:35:21 VENDOR NAME DESCRIPTION REPORT TOTALS: . . AMOUNT 428,991.62 ACCOUNT NAME RECORDS PRINTED - 000043 Schedule of Bill F NO & ACCOUNT CITY OF MONTICELLO GL540R-V05.20 PAGE 3 CLAIM INVOICE PO# F/P 10 LINE - .-..- - - - - -. .- BRC FINANCIAL SYSTEM ~/98 12:35:24 FUND RECAP: Schedule of Bi IS FUND DESCRI PTION DISBURSE ENTS ---------------------------- '01 GENERAL FUND 213 HR~, FUND 330 1996A G.O. IMPR BONO 360 1996C SEWER INTER REFUND BD 385 TIF 19968 G.O. REFUNDIND BD 436 93-14C WWTP EXPANSION PRJ 439 93-12C M.O. TRUNK STM SEWER 458 97-04C KLEIN FARMS PHASE 2 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 35,593.54 7 8.60 CR 153,111.25 101.6 6.25 132,4 5.00 2,8 9.13 3,4 1.68 9.50 1 0.12 1 0.12 2 3.63 TOTAL ALL FUNDS BANK RECAP: . NAME 428,991.62 ---------------------------- DISBUR EMENTS GENL GENERAL CHECKING LIQR LIQUOR CHECKING TOTAL ALL BANKS 428, 67.99 23.63 428, 91.62 THE PRECEDING LIST OF BILLS PAYABLE WAS REV EWED AND APPROVED FOR PAYMENT. DATE ............ APPROVED BY . .' .. ~ . . . . + , . . . . . . . . . . . . . . . . . . . . . +. ..+...................+,.+ +... ~ + +................... + + .. . . . . . . . CITY OF MONTICELLO GL060S-V05.20 RECAPPAGE GL540R