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City Council Agenda Packet 09-14-1998 . . r: t,} \- ~< . AGEN A REGULAR MEETING ~ MONT CELLO CITY COUNCIL Monday, September 4,1998 -7 p.m. Mayor: Bill Fair Council Members: Clint Herbst, Brian Stumpf, R ger Carlson, Bruce Thielen 1. Call to order. 2. A. Approval of minutes of the special eeting held August 24, 1998. B. Approval of minutes ofthe regular eeting held August 24, 1998. C. Approval of minutes ofthe special eeting held August 31, 1998. 3. Consideration of adding items to the agend . 4. Citizens comments/petitions, requests, and complaints. 5. Consent agenda. A. Consideration of preliminary and final plat approval for senior housing and church. Applicant, Church of St. enry. B. Consideration of a resolution acce ting bids and awarding contract - 7th Street improvement project. C. Consideration of request for an am ndment to the PZM zoning district or, in the alternative, an amendment to the z ning map to B-3 from PZM to allow a restaurant use. Applicant, MMC and Company, LLC. /D ' I . Consideration of a request for an within the CCD zoning district to for its pharmacy. Applicant, Cub endment to a conditional use permit PUD llow Cub Foods to install a drive~up window oods. ~.) Consideration of change order #1 - Wastewater Treatment Plant Expansion, Project 93-14C. F. Consideration of setting public he ing date for adoption of 1999 budget and tax levy. G. Consideration of approving issu ce of off-sale beer license - Total Mart. Consideration of a resolution call'ng for a public hearing on sanitary sewer, water, and storm sewer extensions to th Wildwood Ridge/Rolling Woods development areas. H. . . ". Agenda Monticello City Council September 14, 1998 Page 2 17,$ ... 6jUAJ~ P t ~js (qcl ~ t/ (oT G d [) F ()~\'.- I d" C,r ,'nl r,~ .. u b r>C{~.<;.(d ).J -- /~ c, C\.A;- 6. Consideration of items removed from the c nsent agenda for discussion. 7. Public hearing and consideration to approve a resolution adopting the modified Redevelopment Plan for Central Monticello Redevelopment Project No.1; and establishing within Project No. 1 TIF Distri t No. 1-25 and adopting the related TIF Plan therefor (Blue Chip). 8. Consideration of a resolution accepting bid and awarding contract - Monte Club sanitary sewer extension. l--{)"V'+/"M:/(),1! crv' P/lJ'-"f C'!?t([luQ/(!f A-{6"tf,~O C7S.TS 9. Consideration of a request for a conditional use permit within the CCD zoning district to allow a drive-up banking facility and consi eration of a simple subdivision. Applicant, Marquette Bank. 10. Review concept plans for development ofF rrellgas/Liquor Store site. 11. Consideration of entering into a purchase a reement with Burlington Northern for land necessary to develop the Monticello Comm ity Center. 12. Consideration of approving agreement beteen City of Monticello and the Minnesota National Guard governing the development and operation of the community center. 13. Consideration of accepting bid and awardin contract for the trunk sanitary sewer relocation project. 14. Consideration of approving plans and speci lcations and authorizing advertisement for bids for community center. 15. Consideration of approving purchase agree ent outlining terms of sale of Monticello City Hall to Arve and Jean Grimsmo for th purpose of development of a mortuary. 16. Consideration of revisions to preliminary plat and approval of final plat of the River Forest residential subdivision. Applicant, J hn E. Chadwick, LLC. 17. Consideration of granting an increase to the individual pension for volunteer Firefighter's Relief Association members. .--, 18. Consideration of increasing police contract ours of coverage for 1999. 19. Consideration of purchasing 4 acres near th water tower site for park. 20. Consideration of bills for the first half of S ptember, 1998. 21. Adjournment. /9.4 f~-t- Sf~ ~~h [iJ (s CM. ~s ( ~ A) . . . MINUT S SPECIAL MEETING - MONT CELLO CITY COUNCIL Monday, August 24, 998 - 5:30 p.m. Members Present: Bill Fair, Roger Carlson, Bruce Thielen Members Absent: Clint Herbst, Brian Stumpf A special meeting of the City Council was held for he purpose of discussing general items as brought forward by Council members and/or City s aff. The following items were discussed: 1. Reviewed property for sale on West County Road 39 which is surrounded by City-owned acreage used for sludge disposal. 2. The effect continued city growth will have n current sewer and water systems. 3. Break-ins at the water tower located on Fen ing Avenue near the Monte Club. Discussed fencing the area in addition to the existing a arm system. 4. Preparation of a 5-year capital improvement plan and 1999 budget. A MOTION WAS MADE BY BRUCE THIELEN AN SECONDED BY ROGER CARLSON TO ADJOURN THE MEETING. Motion carried unanim usly. Karen Doty Deputy City Clerk ;tfr . . . MINUT S REGULAR MEETING - MONT CELLO CITY COUNCIL Monday, August 24 1998 - 7 p.m. Members Present: Bill Fair, Clint Herbst, Brian tumpf, Roger Carlson, Bruce Thielen Members Absent: None 2. A MOTION WAS MADE BY MAYOR BILL AIR AND SECONDED BY CLINT HERBST TO AMEND THE MOTION FOR ITEM #10 T STATE THAT THE TERM OF OFFICE FOR MA YOR BE CHANGED FROM TWO YEAR TO FOUR YEARS EFFECTIVE JANUARY I, 2001. Voting in favor: Bill Fair, Clint Herb t, Brian Stumpf, Bruce Thielen. Abstaining: Roger Carlson. Motion carried. A MOTION WAS MADE BY BRUCE THIEL N AND SECONDED BY BRIAN STUMPF TO APPROVE THE MINUTES OF THE REGUL R MEETING HELD AUGUST 10,1998, AS AMENDED. Voting in favor: Bill Fair, Cli t Herbst, Brian Stumpf, Bruce Thielen. Abstaining: Roger Carlson. Motion carrie . 3. Co 8. A. A roval of bills fi r the last half of A MOTION WAS MADE BY CLINT ERBST AND SECONDED BY BRUCE THIELEN TO APPROVE THE BILLS FOR THE LAST HALF OF AUGUST, 1998, AS PRESENTED. Motion carried unani ously. B. Set budget workshop date. It was the consensus of Council to s t Monday, August 31, 1998, at 5 p.m., as a special meeting for the Council to d' scuss the 1999 municipal budget and tax levy. 4. None. 5. Consent agenda. Councilmember Clint Herbst requested that item 5A be removed from the consent agenda for discussion. Page 1 ~6 . . . E. F. Council Minutes - 8/24/98 Councilmember Brian Stumpf noted that th EA W in item 5B should be corrected to state "Mississippi" River rather than "Minnesota' River. He also requested that item 5F be removed from the consent agenda for discu sion. A. of-ways. B. c. Monticello Heartland Ex ress Recommendation: Approve D. ideration of acce tin i Monte Club. Removed from the co ro' ect - A MOTION WAS MADE BY CLINT HERBS AND SECONDED BY ROGER CARLSON TO APPROVE ITEMS 58, 5C, 5D, AND 5E OF T E CONSENT AGENDA AS RECOMMENDED. Motion carried unanimo sly. 6. Consideration of i n. SA. removed from the co The first hearing for condemnation 0 the Burlington Northern property was held on August 14, 1998; however, due to notice requirements the hearing was Page 2 ~t> . 5F. . . Council Minutes - 8/24/98 continued until September 18. In ad ition, the resolution presented to Council for adoption would amend the original r solution supporting condemnation by including Locust Street and Linn Str et right-of-ways because it was found that they had been vacated and were unde the ownership of Burlington Northern. Councilmember Herbst requested cl ification of the cost of the condemnation action. Mayor Fair noted that the co t is currently estimated at $1.50 per square foot. AfTER DISCUSSION, A MOTION W S MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON 0 APPROVE A RESOLUTION AMENDING RESOLUTION 98-22 AUTHORIZING MINENT DOMAIN BY ADDING LINN AND LOCUST STREET RIGHT-Of-WAY REAS. Motion carried unanimously. SEE RESOLUTION 98-31. City Administrator Rick Wolfsteller eported that the low bid was received from Molitor Excavating in the amount of$23,571.50; however, he noted that Council may want to delay awarding the proj ct since the annexation issue had not yet been resolved. A letter was received from Monticello Township offering two options for City consideration regard ng the Monte Club parcel. The first option was to not annex the parcel but provi e city sewer service; however, according to city policy, this would require that th owner pay three times the rate for hookup and usage fees. The second option as to allow annexation, provided the Township received taxes for ten year. This option would be contrary to the city/township agreement recently ex cuted which states that taxes must be paid to the Township for three years. The joint annexation agreement does state, however, that annexation could be al owed when there is an environmental problem ifthe Pollution Control Ag ncy or Township asked that it be annexed under this condition. Bruce Gagnelius, representing the M nte Club, noted that it had been determined, under current federal and state regul tions, that a drain system cannot be installed. Subsequently, a letter was received om the PCA stating that they would have ten months to upgrade, replace, or disco tinue use of the current system, or the facility may be shut down. Mr. Gag elius noted that the Township Board indicated that they would consider exation if they received ten years of taxes or when the property to the north wa annexed. Mayor Fair stated that since the pro rty does not meet the annexation agreement guideline of having 66 ft contiguous with city limits, the City cannot annex the property unless the Township waive that condition of the guidelines. Page ;)..($ . . . Council Minutes - 8/24/98 The City Administrator suggested t at the Monte Club owner may want to propose an agreement with the To ship to pay 7 years oftaxes, with the City paying 3 years oftaxes per the agre ent, in order to meet the 10 years of taxes as requested by the Township. AFTER DISCUSSION, A MOTION AS MADE BY BRUCE THIELEN AND SECONDED BY BILL FAIR TO TAB E AWARD OF THE BIDS FOR SANITARY SEWER EXTENSION TO THE MON E CLUB UNTIL AN AGREEMENT CAN BE NEGOTIATED WITH THE TOWNS! P, WITH THE CITY PAYING THREE YEARS OF TAXES PER THE CURRENT A EXATION AGREEMENT. Motion carried unanimously. 7. Economic Development Director Ollie Kor pchak reported that the proposed project for St. Benedicts meets the qualifications of a q alified housing district, which exempts the City from the HACA penalty. The project ill not be funded by tax exempt bonds but will be financed by St. Benedicts. The H agreed to pay-as-you-go TIF assistance for site and utility improvements and land write down in an amount not-to-exceed $440,000 net present value over the life of the 25-year district. Mayor Fair opened the public hearing. There being no comment from the public, th public hearing was closed. A MOTION WAS MADE BY BRIAN STUMP AND SECONDED BY CLINT HERBST TO APPROVE A RESOLUTION ADOPTING TH MODIFIED REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELOPME T PROJECT NO.1 AND ESTABLISHING WITHIN CENTRAL MONTICELLO REDEVE OPMENT PROJECT NO.1 TlF DISTRICT NO. 1-24 AND ADOPTING THE RELATED T F PLAN THEREFOR. Motion carried unanimously. SEE RESOLUTION 98-34. 8. Considerati n of reviewin Liquor Store Manager Joe Hartman reported that he is pleased with the six-month financial report, which shows a 7% increase n overall sales and an 11.5% increase in gross profit. He noted, however, that he is i need of additional employees, but it has been difficult to hire additional employees b cause the liquor store wages are low compared to surrounding communities. Page 4 ;;tfS . . . 9. Council Minutes - 8/24/98 Council suggested that the Liquor Store Mager and City Administrator review what wage would be comparable for liquor store e ployees in order to acquire the help needed. No action by Council was required. Mr. Dan Greensweig of Kennedy & Graven reported that the proposed agreement is similar to the agreement reviewed in June; owever, the National Guard is proposing a 90/10 split on payment of maintenance cos for the National Guard space, with the City paying the 90% in exchange for being able 0 use the joint space at any time except one weekend a month and retaining all revenue rom use of the space. Included in the agreement was review of the maintenance ost split in five years. In regard to the Council's proposal of right of first refusal r the land at the National Guard's cost of $1 , an answer had not yet been received from t e National Guard. Mr. Greensweig noted that the Council could either approve the agree ent contingent on the National Guard accepting the City's proposal for right offi st refusal, or approve the agreement as is and direct staff to continue negotiations with t Guard. If a counteroffer was made by the National Guard, the agreement would be r turned to the City Council for further review. Councilmember Herbst asked when Coun i1 would be able to review costs for the project. Mayor Fair noted that the last estimate by he architect was $200,000 over budget, which has resulted in some items being bid as alt mates. The City should be receiving bids on the project the end of October. AFTER DISCUSSION, A MOTION WAS DE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO APPROVE TH THIRD DRAFT OF THE AGREEMENT BETWEEN THE CITY AND NATIONAL G ARD CONTINGENT ON APPROVAL BY THE NA TIONAL GUARD OF THE RIGHT OF F RST REFUSAL LANGUAGE CHANGED TO REFLECT THE LAND AT THE NATIONA GUARD'S COST OF $1. Voting in favor: Bruce Thielen, Bill Fair, Roger Carlson. pposed: Clint Herbst, Brian Stumpf. Motion carried. 10. City Engineer Bret Weiss reported that s veral alternatives were reviewed for relocation of the trunk sanitary sewer at the commu ity center site. Following the Council meeting during which an alternative was selected, a decision was made to change the placement of the sanitary sewer by extending it into 6t Street in order to avoid impacting the community center site. The low bid on t e project using this alternative was $312,928. He noted, however, that several items re ulting from the altered plans were not included ~~ . . . Council Minutes - 8/24/98 in the feasibility report such as removal of 11 surface materials on Locust Street, 5 12 Street, and 6th Street, as well as additional torm sewer and water main reconstruction. Increased costs associated with the route c ange and unforeseen items were reviewed, as well as changes that could be made to redu e the cost of the project. The City Engineer suggested that it may be possible to negoti te with the low bidder to change the alignment of the pipe, which would require the City t award the project and make changes through the change order process. In either case, he suggested that the City Attorney review the process to make sure changes are made pro erly. It was recommended that awarding of the project be tabled at this time pending fi her negotiations with the low bidder. AFTER DISCUSSION, A MOTION WAS M DE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO TABLE A W ARDIN THE PROJECT AND AUTHORIZE THE CITY ENGINEER TO EXPLORE OTHER OPTION IN ORDER TO DECREASE THE PROJECT COST. Motion carried unanimously. A MOTION WAS MADE BY ROGER CARLSO AND SECONDED BY BRUCE THIELEN TO ADJOURN. Motion carried unanimously. Karen Doty Deputy City Clerk Page 6 ~6 MINU ES SPECIAL MEETING - MON ICELLO CITY COUNCIL Monday, August 3 , 1998 - 5 p.m. Members Present: Bill Fair, Clint Herbst, Brian S umpf, Roger Carlson, Bruce Thielen Members Absent: None A special meeting of the City Council was held for the purpose of discussing the 1999 municipal budget and tax levy. City Administrator Rick Wolfsteller reported that i addition to the general summaries submitted for Council review, a copy of the new 5-year capit I improvement program was also included for discussion. The 1999 budget showed substantial i creases in both revenues and expenditures over prior years. The preliminary tax levy propose totaled $4,802,407 compared to $3,883,013 for 1998, which is the maximum allowed under sta e statutes and represents a 23% increase over dollars collected for 1998. Of the 23% increase, ap roximately 14% is due to debt and 9% for non-debt items. The City Administrator eXplained that the main rea ons for the levy increase for 1999 are I) the debt service levy is $566,045 higher due to additio al debt service requirements for the 1994 G.O. Refunding Bond levy of $134,000, anticipate debt service of $361 ,925 for the first year of the new community center, and $91,147 additional evy for the wastewater treatment plant; 2) an expanding parks department budget due to greater e phasis being placed on park development; and 3) an increase in police coverage. Council discussed the tax levies to retire bonded in ebtedness, and it was noted that additional tax levies will be required in future years for additi nal projects not shown in the budget summary. The City Administrator also reported tha he recently received tax capacity estimates from the County. The total market value was up $5 million; however, when considering the legislative action to reduce commercial and industri I taxes, the City's tax capacity value drops from $14.9 million to $13.5 million, resulting in an stimated tax capacity rate of35.370. Proposed capital outlay items were discussed, as we 1 as items budgeted or committed for 1998 but not yet spent. It was noted that while most ofth capital outlay items were included in the 1999 proposed levy, there was a list of library and e onomic development items totaling approximately $500,000 that do not yet have a fundi g source. Funding of these items in 1999 would require cutting other items or utilizing reserv funds. The City Administrator noted that one of the items listed as unfunded at this time was e Monticello Community Partners matching contribution request of $51,750. Since the Council has provided funds on a matching basis with other pledges or contributions and the req est has risen from $35,000 to $51,750, it was felt the Council may want to review the MCP's mancial report showing revenues and expenditures to date. The discussion also included hether the City should be planning at this time to purchase industrial park land in light of the I gislative tax cuts provided for commercial and industrial businesses. Page 1 ~, . . . 5A. Council Agenda - 9/14/98 A. REFER N E AND BACKGROUN The Church of St. Henry has submitted a pI t of their property along the 7th Street extension adjacent to Washington Street an the freeway. The plat is in the form of a final plat since the preliminary plat informat on has been submitted as a part ofthe planned unit development process. The plat consists of two blocks, the first of which includes the site for the St. Henry's Church acility, as well as the two St. Benedict's Center senior housing buildings. The secon block is a single lot adjacent to the freeway and Fallon Avenue. Two outlots are shown, one of which will consist primarily of slopes for Fallon Avenue (Outlot A) and another w ich will consist primarily ofponding area (Outlot B). The plat also includes the necessary right-of. way for 7th Street and for the connection to Fallon A venue. The City Engineer should v rify the location of Fallon A venue, as well as the location and alignment of the various tility easements shown on the plat. A final issue involves the relocation of the p rk through which 7th Street extends. The City should identify appropriate alternatives in the area. Lot 1 of Block 2 may be a logical alternative since it is directly across rom the current park location and is easily accessible to the residential developments i the area. Planning Commission recommended altern ive #1 below. B. ALTERNATIVE ACTIONS: 1. Motion to recommend approval of t e preliminary and final plat for the Church of St. Henry based on a finding that the plat is in compliance with the approvals granted as a part of the planned unit evelopment process. 2. Motion to table action on the plat pe ding the submission of additional information. C. STAFF RECOMMENDATION: Staff recommends alternative #1. This reco mendation is subject to review and approval of the City Engineer and other City staff. D. SUPPORTING DATA: Exhibit A - Plat Drawing I ;~ ,/;' t.:;. J "".......... ~5 /l --, I t ~", .'r.o ' '"1 I'"," .,)j"'...........~ '. ~ "/.' .. ~. J, ttl :;-~. !li :,.... <-' "7~, ",'IIi -.... .. ~U_.:.~~ ';"- -11~ , ~i I ~. '.,.,;..;;:. ~J.J ~y ~: ~, ,.- 'I I "I ;~, ' ',I :. '- "' j' . - '". 'IIi >oj I; ...... . . d ~ " ~ " l!~ . . '" J' . I'. ,H ,H .,- I " '" I , "" , '"\ /J,~ / , I " c,. I - I / 'h f~: I I r..... , --4Z I " - ~ .0. ".... " ~ ""1 -9l'S!K --r- I I I;, "..... " .......... ~. "- (' ..'" ,1 , . ~ la' -'" ad \.f) 1m it~ /1.1 , ~~; ~ I.1.J ,"a ',.- ~F' j~ J.._ r...- ~ l-l, 6' (-... ~) ~ --- "- " ..'" -'" ''"\ ...., ".... '~ .......... . qJ ',.- ;'J._ ~-''' ..'" -'" '-. <, . i:.f.j .t".,..... ..., X ("I' t\ ~ J.( ~,- . , ., ~~~... l1., (-... ,_J -'" j :~::.' =u I' . ,~i L. 1 I I,;; I~. --j ~!; h' I , ,... :J~ . . I !"S j~: 2.. f 1J HI ,;1 T 1 'I' . I !n j i ; I !l;. t --I :h~ ..,.., ':l~i J I ~;il i'" iH .:',... I I FB" ~;h ,lh! i! a3 ~i 11 a' ~~ "..... =' -, ( "- ..'" -'" -.,.. <- h'Ol.LlQClt/ . ~~ ~. ~' / . 5IIl ') :}I .' t,' /1 .... ..r J (j ~ ~ f I ~ ~ ~ ~ ~ ~ ~ X ~ , ~ o Z H ~ A H < H p... < H H P::l H ::r: :><: ><=l -. H <<: ...l p.. ~ 2: H :>:: H ...l w '" p.. . . . 5B. onsideration of a re improvement project. (J.S.) Council Agenda - 9/14/98 A. REFERE CE AND BACKGRO Council is asked to adopt a resolution accep ing bids and awarding the project extending sanitary sewer, water service, and constructi n ofa state aid street to the St. Henry's Church site. The project includes the cons ction of 7th Street from Washington Street to the edge of the St. Henry's Church prope y. The street will be constructed to allow for the future construction of the Fallon A v nue overpass through the import of a significant amount of fill material. The wat r main is also a trunk line, which is proposed to be extended through the Church site park ng lot. The trunk storm sewer line will be constructed across the railroad tracks to a 10 ation within the high school property that is slated for a regional pond. We are currently negotiating with the School to acquire access to the future ponding area. Bids were opened on Friday, August 28, 19 8. The lowest responsible bidder was Richard Knutson, Inc., from Savage, Minne ota, at $838,205.82. The feasibility report and engineer's estimate of proposed constru tion cost were $911,484 and $965,207, respectively. Because the project includes t nk water main, storm sewer, and street oversizing, the City is responsible for just der 50% of the costs. The storm water trunk fund, water core fund, and municipal state ai funds will be used to pay for the City's share. The remainder will be assessed to St. Henry's Catholic Church. The City will bond for the gap between existing funds and the total project cost. B. ALTERNATIVE ACTIONS: 1. Motion to approve a resolution accep ing bids and awarding contract for the 7th Street improvement project. 2. Motion to deny adoption of the resol tion. C. STAFF RECOMMENDATION: The City Engineer recommends alternative # I. D. SUPPORTING DATA: Copy of bid tabulation. . . WSB 350 Westwood La e Office 8441 Wayzata B ulevard Minneapolis, M 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. & Associates, Inc. 612-541-4 00 FAX 541-1 00 August 31, 1998 Honorable Mayor and City Council City of Monticello P.O. Box 1147 Monticello, MN 55362 Re: 7tl1 Street (Washington Street to 900 mEa t) Streets, Utilities & Appurtenant Work City Project No. 98-l2C City of Monticello, Minnesota WSB Project No. 1087.00 Dear Mayor and Council Members: . Bids were received for the above-referenced pr ~ect at 10:00 a.m., August 28, 1998, and were opened and read aloud. A total of 13 respon ive bids were received. Richard Knutson, Inc., Savage, MN, submitted the lowest bid in th amount of$838,205.82. The bids were checked for mathematical accuracy and tabulated. The engineer's estimate was $965,207.95. We recommend award of the contract to Richard utson, Inc. in the amount of$83 8,205 .82. Enclosed for your reference are the bid tabulatio and bid extension. Sincerely, f3J~ci1nc. Bret A. Weiss, P .E. City Engineer Enclosures . c: Rick Wolfsteller, City of Monticello Infrastructure Engi eers Planners EQUAL OPPORTUNI EMPLOYER S6.-' , nm F: I WPWIM 1087. OOlrecmmdn-llr-hmc . . . BID TABULA ION ?II Street(WashingtonStr. etto900 m East) City Project No.98~12C S.A.P. 222~10J~02 City of Monticel 0, MN Bids Opened: 10:00 a.m. August 28, 1998 Richard Knutson Jnc R L Larson Excavating Jnc --." -.---.-. LaTour Construction Jnc R P Utilities Jnc -'.... Kuechle Underground Jnc --."". .-. Redstone Construction Co Jnc ~,_. ...........-.. Arcon Construction Co Jnc Annandale Contracting Jnc Barbarossa & Sons Jnc 1----,.._ .",".~",.._"__ Northdale Construction Co Randy Kramer Excavating Jnc G L Contracting Jnc ~--"'. ...,.."..-. S R Weidema Jnc '-----..... Contractor WSB & Associates, Inc. Project No. 1087.00 I I Bid Security .[ .[ -- ------1----~___. ..[ ._,~~~- .[ .[ ..[ ~ r- I '- ~ . ~__"_._~ I ..[ Engineer's Estimate Total Bid --.-.-""" ._~- $838,205.82 * $850,811.79 $856,175.51 $860,050.01 * $862,295.28 -." .....-....----- * $873,484.99 * $892,015.74 ..--,_....._--_...~--'---- $910,571.01 '''..-.-.-------- * $911,934.45 * $913,684.20 * $923,745.41 $967,861.04 -- $978,169.43 --- J hereby certify that this is a true and correct tabulat~on Dfthe bids as received on August 28, 1998. $965,207.95 ~~k',~ Bret A. Weiss, P.E., C ty Engineer * Denotes corrected figure ~~~ p'''' JJlPWIN1 /087. OOl:rper:\hidla . 5C. . . Council Agenda - 9/14/98 A. REF MMC Land Company has applied for an endment to the City's zoning map or ordinance which would allow a restaurant t be built on land which is currently zoned PZM, Performance Zone-Mixed. The prope y is located on the triangular parcel at the southwest quadrant of the County Highway 5/County Highway 39 intersection. Hawk's Bar (zoned B-3), the River Mill developme t and A Glorious Church (zoned R-l and R-2) adjoin the property to the west. To the east is the Liberty Savings and the Riverroad Plaza complex, consisting of a convenience tore, coffee shop, and car wash (zoned PZM). The City has recently refused to exp d the PZM District to include lube/oil facilities (a B-3 use) based on an applicatio from owners of the car wash facility. The PZM District includes commercial uses which are allowed in the B-1 and B-2 Districts. The only food establishments allo ed in those commercial districts would be smaller cafes and delicatessens. Restaurant are allowed in the B-3, Highway Commercial District. This application agai opens the issue of the intent and nature of the PZM District and whether it is appropri tely applied in this area. The PZM District is intended to provide for a mixed land use tr sition area in areas of residential development. The limited types of commer ial activities in the PZM suggests that it is not appropriate for higher volume uses or 10 ations. County Highway 75 has been cited as the hi hest volume county highway in Wright County. County Highway 39 carries a signi lcant amount oftraffic as well. With exposure and access to the freeway, PZM as it was intended may not be appropriate for this location. The option of amendment to llow restaurant uses in the PZM would raise the issue of compatibility in all areas where ZM has been applied, not just this location. Other uses of PZM zoning are in and aroun the downtown where the principal land use is to be transitioning from commercial to re idential. This intent has been compromised somewhat by the inclusion of convenience s ores, gasoline sales, and car washes--typical highway cornrnercialland uses--to be inclu ed in the B-2/PZM Districts. The applicant has provided a site plan whic illustrates an internal road system angling southeast to northwest which connects the iver Mill area adjacent to Hawk's Bar to the access street serving Liberty Savings and Ri erroad Plaza. Proposed parcels to the south ofthis internal street (including the propose site for the restaurant) have their principal exposure to County Highway 75. Lots to th north ofthis road have their exposure internally or to County Highway 39. A zon ng map amendment which rezones the parcels south of this road to B-3 could be su ported based on adjoining zoning and land use (B-3 and commercial use to the east, PZ and commercial use to the west). Leaving the lots north of the internal street as PZM ould accommodate the transitional role of the PZM district between the B-3 area and t e church and residential areas to the east. 3 Council Agenda - 9/14/98 . Planning Commission conducted a public earing and received no comments. However, A Glorious Church was left off the public aring mailing list. I understand that Dan GassIer would like the opportunity to provi e testimony to the Planning Commission. This property was left off the list because a a tax exempt parcel, it did not show up in the tax book. All other property owners were otified. Planning Commission recommended approval of alternative #1 below. B. ALTERNATIVE ACTIONS: 1. Motion to recommend approval of a zoning map amendment which would establish a B-3 District on the land s uth of the proposed internal street, based on a finding that surrounding land uses and zoning patterns provide support for this rezoning in accordance with the obj ctives of the City's Comprehensive Plan. 2. Motion to recommend approval an endment to the PZM District language which would include restaurants as onditional uses in the district, based on a finding that restaurants are compatib e with other PZM uses. 3. Motion to deny any zoning amendm nt action, based upon a finding that the PZM as currently structured best regulates the future land uses on this site in accordance with the Comprehensive Plan. . 4. Motion to send the item back to the lanning Commission for testimony from Dan GassIer. C. STAFF RECOMMENDATION: This area is located near one of the highest affic street intersections in the city. Given its access and exposure to both the county hi hway system and the freeway, staff believes that the structure and intent of the B-3 Distri t is most consistent with existing and future conditions in the area and the intent of the C mprehensive Plan. In addition, the internal street provides a natural break between the gher intensity B-3 uses, the moderate intensity of the PZM district, and church or esidential uses to the east. Staff would have recommended alternative 1, rezoning of the south portion of the site to B-3, Highway Commercial; however, becau e it was brought to staffs attention on Friday that A Glorious Church was inadvert ntly omitted from the public hearing notification, it is our recommendation to sen the item back to the Planning Commission. D. SUPPORTING DATA: . Exhibit A - Existing Zoning Exhibit B - Proposed Zoning Exhibit C - Site Survey/Concept Exhibit D - Draft Rezoning Ordinance Exhibit E - Draft PZM Amendment Ordinan e Lj Site in Question ~ ~ ZMRl ~~, - ....... = Ii..:.t..~' '. ................ ..... _HIlII.JR. ....".........~~" . . \, S'c~ Site in Question Rl .""11..1.. .....,.""."...n......" - ~c ~:l... M ,~.. ~.:l5 ~ ~. CllUIII'I wolNUlltKl . NOIhH l.... r:E sttT10N I), 1Ill'. '21. Rtt 15 ~-l"."'J.'! 11~.ll-" ;'\"""/. itTION \ IU!.;;I...Vi'lL.J ~...~!,;'; . N 85';1'32" w ~ '. .... --~J70.7J :-.. "', . """f_~---;::::"::~_____ -----i1---- -~~,. ~ ./; /~ ~----=- ~il ~-~ ~ NO. .il ':::< __ II - ~.".::;:::::=-~--.-- - ~ ---.., ~~T " "~~ ;~'.f\.. -//~~~ :::'"" ~1i .",~~ :~'3 ----- ....1. · " ..1:/ ... . ,,::::--' ~.& 7~I, ~ ~ N. _ dl!)] ~~ ~"/ " ., ll"1.~), ,~""='" ~, . .,..~ \./ ,.-' .... >' 0# ~~ ==:;: · /::~ //,\.. OCO~.:U I ./ )/!!" /~,- ". . """" I // ",..;....,.. '"'' I j /d ~ "'~ F.JJJJl I I ~ "".', I' // ';~ ~;,~\. .M! ~ "k /# "",- \ \ \ ,.../ 1 I ,;.$ / /t;.~l/ /,' ", ~ '/""'.." :.. f' i I >l',j>/' / , '" .""" s . " ' .r ~. ~ ~j<' / '........., ",,),,":'. ::::'::'::\ ~o. \. .........." I ~'l ~. ~ /), ~' . <............\-.,;' I ~ .>.. ..5"". , A / '..lo. _ ./'.',' ......... '~, ./ '. "<>".. '", .~~ "":<'.. -~" ~ ... /. , , ,~~+:- f' l/<'+-~4";> lOTS A~' />{ \j \:< i j ~ .. 'I .~/ ...."'''~... / /.. , '. .....' . ~~ ~' ,/ . J9~ ,~.~... ;1:::: /~ (\. '\ .... ~Pf~'" II \'\ ~.~ . !."......., ....~t<iSJ,..! /..;:>' $~/ ,,; \1::\ '\'.\..., \ I ~i; ./ ~ ~ / .-::-' 4' .j, ::-\ \ I 1 '<: <" " ~ 0/ 1:::(=- .)' \J >. ( . : I "" ,,'~ /1.-::::::, ~ )::::::; I \ ...... I j' . 'bq,,,,,,, ""'..., "" .~ ~r.: ?:::::: LOT" .::?/~ \\\\ . \ \ . '...~y~~ """".,'"",- ~~ .::\.~:~~~ :l:snr OJ':/'',' / \ .,,,,,,,--~: ~i .. '" -fie) .... ~::::;:::::::~. ~:~.,....~ .~ " j" __ _ I 1>, " . M.. ...... ~ . . . . ~. , q, . I "/,. I '""2 .".. ". ,."".... " ;;:::::r i/~',;... .... -:'..' ..;:., , '~. I , '. V-4',,~..... . '. ."" ~ ... ""..."", ~.; .... ..;.;.... .. :.' /.. ,I I ..,...... '" "~..:-..;:.;. :-:'~:" .. .-:, / lDrD / 1\:Lo, A, . . '. .< .. '..",. , .. " ~lI'_ l!;:h '. ''-0..;.,." .... . ..... ............:-....... ....1/ /' .....:r1lQ' I" I . "17:" . ". . . .. ...... . . . , es 1,' .. ...... ~-9~~......,. ....... "-., '-::::::::::::0~:::::~:j I / /' 'al' " . .'. , .......;......, ..... , .. "," , :,,;;.,~ ..... ". '" '. .,.... ", ~~.;::~;:.:....J / , ~JU~ I~ I ' '. , ". . .. ",- '. :.;., '~, , ::i::j . , "'''~'.( ""! :~I' '.' r.: :i oS III ~ .... " J ' > ~." "."~ ,-" " , '].......- -,,":/. iG.=:< ;;;.....";.~ ~ "', ......,.~ __1 ...~.~, c: ':'. is '" .. F ~ >' ';i. ~, _ ~ · 9. 'l 52 ;' ~ i ~ g :~ , '. ~_ _ n 262.9:r:--8 ;; -ai:r,:; I~~@~:::~ ..._.-_'0(_..- ":0--' '. N8K4S'J4 [ : ;;, .., '" I" ., ,. .. a ,.. '/'.', '"". . . ;:'_-. ~ i ~ .... .. -= ,.... " '><". " p . - ....!:~ ;:,~- . ~ ;;,.. :::; .. ':: ::tl ;!( '., , ;::. ..:: c: ;; ,~ >- ..... . ~~~ ;j>-:::till ",' ;o~~ 'f':~ u_ e i: ~,a= ~~ ~f6~ :'."Vt 1): co ~J ~ " t';~ ~ r;: ~ '0\,.'10 1Ifr'!Ci j 1 ';i >''''11''\/ 6.1 U~r-,J i -, ~.. l!. ~"'" t'A.i\l'\.. '::1 ~ t; 0., e ~ ~ .'.J '" ~ :::! ! ~ ~ ~ ~ ~ " '" ~ '" ~ ;oj i, ;; ;~ ~ ~ " - '. .- g '. . ". ". Exhibit C · Sit1SurVey ~c ...... II> ,.", ~.~ "....... . . . City of Mon icello Wright County, innesota AN ORDINANCE AMENDING THE MONTIC LLO ZONING MAP BY REZONING CERTAIN PROPERTY FROM PZM - PERFO MANCE ZONE - MIXED TO B-3, HIGHWAY BUSINESS. THE CITY COUNCIL OF THE CITY OF MONTI ELLO, MINNESOTA HEREBY ORDAINS AS FOLLOWS: Section 1. The Official Zoning Map of the City of Monticello is hereby amended by rezoning the following parce1(s) from PZM -Performance Zone - Mixed to B-3, Highway Business. (insert legal description) Section 2. The Zoning Administrator is ordered to make the a propriate amendments to the Official Zoning Map, and to have said Map republished. Section 3. This ordinance shall become effective from and aft r its passage and publication. / /s/ / Exhibit D - raft Rezoning Ordinance 5'c-i- . . . City of Mon icello Wright County, innesota AN ORDINANCE AMENDING TITLE 10, CH PTER 10, SECTION 8 [H), OF THE MONTICELLO ZONING ORDINANCE RELA ING TO RESTAURANT USES BY CONDITIONAL USE PERMIT IN THE PZM, ERFORMANCE ZONE-MIXED DISTRICT. THE CITY COUNCIL OF THE CITY OF MONTI ELLO, MINNESOTA HEREBY ORDAINS AS FOLLOWS: Section 1. Chapter 10, Section 10 [H] is hereby amended to re d as follows: [H] Restaurants and Private clubs and lodges se ing food and beverages, provided that: 1. The proposed uses complies with ap licable screening and buffering standards in compliance with Chapter 3, Section [G] of this ordinance. 2. Service of prepared food or alcoholi beverages shall be in compliance with all federal, state, and municipal regulati ns. 3. Offices of such use shall be limited t no more that twenty (20) percent of the gross floor area ofthe principal stru ure. Section 2. This ordinance shall become effective from and aft r its passage and publication. / /s/ / Exhibit E - Draft ZM Zoning Amendment S-c -~ . 5D. . . Council Agenda - 9/14/98 A. REFEREN Cub Foods has requested an amendment to ts Planned Unit Development approval to permit the installation of a drive-up windo for its pharmacy on the east side ofthe building. The window would be installed t rough the wall, with the addition of a drive- up lane island and a canopy over the area. This application raises two primary issues. he first is compliance with CCD requirements for pedestrian orientation and ompatibility with the downtown environment. The second is traffic circulati n and parking. With regard to the CCD requirements, the site plan shows no chang s to the overall layout with the exception of an elimination of about nine parking spaces to accommodate the drive-through lane. The remainder of the walkway and landscaping ystems would be left as originally approved. There is also a 40% coverage standard for dive-up facilities in the CCD. The supermarket and retail buildings, in comb in tion with the front "plaza" sidewalks and the landscaped sidewalk to Walnut Street, appe r to total approximately 91,000 square feet in area. The lot size ofthe Cub Foods and ret il building site is approximately 228,000 square feet. This calculates to 39.91 %, sub tantially complying with the minimum standard. Circulation on the site raises a more signifi ant issue. As designed, the access to the drive-up lane would be from the common d iveway for east area parking and truck circulation. Few vehicles would be able to ake the 1800 turn from the driveway aisle into the drive-up lane. Instead, the plan app ently anticipates that vehicles heading from the main vehicle entrances to the drive-up ill proceed south onto the Country GrillIot and cross over and turn north to the Cub dri eway over a painted island at the south end of the parking area (see site plan at point A) A better solution would be to create a cut in the parking bay near the entrance to the dri e-up lane as shown in the proposed site plan revision, Exhibit B. This would avoid the n ed for retail traffic to use the Country Grill parcel and would reduce the temptation to c t through unused parking stalls. The Exhibit B alternative (Planning Commi sion selection) fails to solve what may the most problematic conflict, however. That i the concern over the location of vehicles exiting the drive-up lane. These vehicles w 11 enter the busiest intersection on the site at a point which will conflict with northbound t affic in the adjoining driveway lane and east bound traffic from the front of the store. E hibit C provides a solution for this conflict, building on the Exhibit B layout but reversi g the traffic flow. Since the driver would be on the "wrong" side of the drive-up, this alt rnative would require a product delivery system such as the pneumatic tubes used by drive-up banking facilities. Although this is a more extensive solution that Exhibit B, it oes a much better job of resolving all the traffic conflicts created by the addition of e drive-up facility to this project. s Council Agenda - 9/14/98 . Staff anticipates that the applicant will be luctant to lose the additional three spaces for these solutions, based on their original con em over the City's site design suggestions. However, the applicant is apparently willi g to sacrifice the parking spaces necessary to accommodate the drive-up lane. To be ap roved, this should only be done in a manner which does not compromise sound site des gn and traffic safety. The Design Advisory Team has reviewed t e proposal and found that it enhances the architectural appearance ofthe project by ding interest to the east wall, a prominent portion of the building. Signs for the build. ng should be held to a maximum square footage as previously approved but may be redistributed to accommodate the amended plan. The Planning Commission conducted the ublic hearing and recommends approval of the conditional use permit under alternative # 1 below. Planning Commission preferred the traffic circulation pattern found in Exhibit B. AL TERNA TIVE ACTIONS: 1. Motion to recommend approval of he amendment to the Conditional Use Permit PUD to allow a drive-up window 0 the Cub Foods site, contingent on the conditions listed in Exhibit Z and b sed on a finding that the project would continue to meet the objectives and expectations of the City's Downtown Revitalization Plan. . i 2. Motion to deny the CUP amendme. t, based on a finding that the circulation for the drive-up will not adequately pr I teet traffic safety and could encourage the use of neighboring property for access. I 3. Motion to table action on the CUP endment pending the submission of additional information. C. STAFF RECOMMENDATION: . Staff recommends approval of the amend ent subject to the conditions listed in Exhibit Z. These conditions address chan es to the circulation plan near the drive-up, which should resolve concerns over potent al conflicts with either truck traffic or patrons of the adjoining restaurant. As discussed a ove, there are two alternative site plans. Exhibit C is the preferred alternative since .t does the best job of resolving the traffic conflicts which the drive-up window will ause. Alternative B would resolve most of the conflicts, with the exception ofthe interse tion issue (which may be the most pressing concern). For context on this issue, the Ci y denied a request by another downtown area pharmacy for a drive-up window based on concern over traffic conflicts. . Council Agenda - 9/14/98 The approval recommendation is also base on a condition that the drive-up is for pharmacy purposes only. With the lack of tacking space for vehicles waiting for drive- up service, this arrangement would not acc mmodate a more intense use such as a fast- food window. If the applicant proposes to hange the service from this facility in the future, a new amendment to the Conditiona Use Permit should be required. D. SUPPORTING DATA: Exhibit A - Site Plan Exhibit B - Staff-Proposed Site Plan Revisi n Exhibit C - Alternative Staff Site Plan Revi ion Exhibit Z - Conditions of Approval . . 7 1I ~-HH~ ..,. , 0\ /I " >- .. ~ < /I " 3: If /I :r " /I 0 /I " I , " ~ /I . AU .. I- ~ "'.. i < ...... .e...::: l- ..,.! '^ ............. ex "t:::::: loW I- ~' :.. ............ . ~. ~ .... .. '-4fIl....:, ~ .,..-~ .... I .... , .....~ I UJ t ~ l ~t:::- . i~ j f::::: I t. "'~ :: ~ !)- :---- i:l ! :-- 5 ~ ~ ""'"- ;- . r- }- " :-- i I--- . =-- "-- ~ : . /I - t i-- , "-'" aM :.sr. /I : r ~~H- :II; .. '- i ~ .--w:-'=.. ~ .f ~ ~2f;{~:~ ~ -- , :-- . L- !Htt+H-Hii~ . . . ~D - ~ }- . . Fe ~ . ....... . "' . .... . llI::... j Site PI~n Il......;. <0 ! " !1+t+H-HtH-H-ttttif . ~ ~ - . /I lIi:= ~ .............. II-.- Exhibit . - " I ....-- . s-- /I . .....-. rt ~ ,,-.. . 1- fj''I1I , II .. ' ,: /I , fl.. .. /I .. :1 " " I · /I /I 1;' :' , II /I /I :, , II II /I fj" : " II /I " , .. "" /I I II /I fit: ... .. if /I " II , /I /I . /I /I . " " /I /I ~ II /I .. /I : .. .... -.a -- Ii I ~ ~-_..~U /: 1 -_zJ . ::Cic::aI.... II -.1",._ D " ....... ; ...... /I , . ., . . , t 11 S?' .of y~ I-f:>tlj ~ r.{ ~ .ls ..""~="'~..{,J /I I w .. u g \ D?: CE I:nata Sp ceo 24 . 2'5 DO HOT ENTER SCNS ~1:.1i UP WINDOW T.CANOPY 22 10 PARkNC SP.4crs I LOST I I 0RI'ft UP PtCARWACY SiGNS 12 . ) +:::i.\ - I (r11 (n, "II II II II II 11" " II II II 'f "lL.U* \~ rr'\ ~ I' \\ ~ " ~ \I " .:::- ..:::- - ..... - III .'\...... ~ .............-- .::.~ -- - :::... -::. -.:.:= = -------= \ -- ~"'" ::::;:. ==......~---;.....- 7 /'YCk lOT 'I~ ~JP WINDOW Ti -=,:l.NOPY - .- 25 ,rr,f11 (01 " II II II II II II II 1111 II~ 1llL-1J k \\ rr'\ ~ li'\ ~. " ~ H " ..:::- .:::--== ~l '''~- _ ..=: ----~~~:::.: --.....~~= 00 NOT EHTtR ~CHS 10 P ARt<...C SP...CES LOST DRM: UP PHARWACY SiGNS 12 --",... -- -- --" - 24 and 1 . a ive Revis ,,'] CK LOT ) ..r'7\ Exh. · . Site Plan . . . Conditions of pproval Cub Foods Pharmacy Dr ve-up Window CUP 1. The site plan is revised per Exhibit B or C t resolve potential traffic circulation conflicts (Planning Commission recommended Exhib t B). 2. The CUP is for the use of the drive-up for p armacy purposes only. Future proposed changes to use of the drive-up will require a endment to the CUP. Exhibit - Conditions of Approval '5D-f Council Agenda - 9114/98 . 5E. Con ideration of han Order No.1 Treatment Plant Expansion. (J.S.) A. Change Order No. 15 involves approximat ly 19 changes to the wastewater treatment plant project. One ofthe CPR's, # 162, res Its in a decrease of $1 ,025, for a reduction in the elevation of the top of the painting in SBR tanks. The remaining 18 changes each range in value from $1,191 to $9,790. The total cost of the change order, less the one credit, is $56,041. A description of each 0 e of the changes is enclosed with the change order in supporting data. Adolfson & Peterson previously submitted hange Order No. 15 and requested a blanket contract extension from 10/15/98 to 12/31/ 8; and, subsequently, required an additional $72,000 in overhead costs to keep the job ing beyond 10/15/98. This overhead cost was in addition to their markup on individu 1 CPR's. City staff and HDR could not support the increase in cost nor the blanket xtension. Consequently, A & P wished to remove the contract extension portion and ollar increase for overhead from Change Order No. 15, but reserved their right to mea claim in the future. You will see a note on the bottom of Change Order No. 15 in re ard to this item. . We will continue to work toward completin the project as soon as possible, and A & P is looking at what portions of the plant they c 't finish by 10/15/98; and we may be presenting a change order for a contract ext nsion at the next meeting. City staff and HDR will have additional information regar ing the statement from A & P at the bottom of the change order at Monday evening's meting. B. ALTERNATIVE ACTIONS: 1. The first alternative would be to app ove Change Order No. 15 as drafted, including the statement by Adolfson Peterson that they do not waive any rights or forfeit any time extension claims s noted. 2. The second alternative would be to a prove Change Order No. 15 without the stipulation on the bottom of the chan e order as Adolfson & Peterson has that right inherent to Article 12 of the G eral Conditions of the Contract. 3. The third alternative would be not to pprove portions or all of Change Order No. 15. . ~ Council Agenda - 9/14/98 . C. STAFF RECOMMENDA nON: Staff and HDR recommend that the City C unci 1 approve Change Order No. 15 in accordance with alternative #1 or #2, pendi g additional information presented at Monday evening's meeting. D. SUPPORTING DATA: Copy of Change Order No. 15. . . 9 . Change Order o. 15 Wastewater Treatment lant Expansion Monticello, N Item CPR No. Amount 55 Soil correc~on work at Sludge Processing Building $9,790 2 115 Modular boiler change to ttifferent manufactLJ"e~ number $9,457 Purpose: To comply with Mlmegasco rebate Informa on 3 121 Raise overflow weir height $1,931 Purpose: To prevent splashing Into overflow pipe 4 126 Modify hot water supplylrel1.rn piping in InfkJent Blildln $5,609 Purpose: Modify due to hazardous environment chan 5 127 Paint biofilter floor and channel with epoxy coal tar $3,512 . Purpose: To provide paint system for corrosive erMr 6 128 Remove potable water slWfy plnlpS and piping in Dig ster Blilding VOID Purpose: Remove to allow room for new eqlipmenl This change was not accepted. 7 130 Instell ffushing rings on Digester presSlJ"e transducers $952 Purpose: To provide flushing mechanism for presSlJ"e 8 133 Core do' overflow for TK8500E. $1,191 Purpose: Provide overflow into TK8400 9 134 Change wa. coa~ng in TK5000E $4,625 Purpose: To provide smooth finiSh on eq.Apment room lis 10 135 Electrical drawing reivsions to Digester Blilding $4,647 Purpose: Electrical changes relating to previous CPRs 11 137R Modflcatlons to 8-VA C Nne In InflJent wet we' VOID Purpose; To avoid conflict with removable ~ting This change was not accepted. 12 138 $669 hI. . P"" .n 911l1\lB ~e/I . Change Order No. 15 Wastewater Treatment lant Expansion Monticello, MN 13 140 T & M work to instal P3070 and modify piping $5,265 Purpose: Instal self-primlng pump to drain tari<s 14 143 Relocate UPS in Admin Building $808 Purpose: Revised location to avoid conflict with 0 panels 15 144 Provide bypass piping to Digester $5,054 Purpose: To alow unthickened sWge to bypass DA into Digester 16 151 Add terminal boxes for influent plIl1pS VOID This change was not accepted. 17 153 Increase condJctor sizes for infllent pumps VOID This change was not accepted. . 18 154 T & M work to add water 100 in OAF Building for po r system $603 Purpose: To provide carrier water 100 for potymer 19 156 Remake ~allng sections over In/fuent pl.lTlPS $383 Purpose: Enlarge openng for infkJent pISYlp discha 20 158 Provide additional pipe supports for 8-VAC piping VOID This change was not accepted. 21 159 Landscape plan changes $0 Purpose: Modify plant quantities and spacing 22 161 Class V retesting $0 Purpose: Ptidng adjustment for Class V retesting 23 162 CI M coating deduct ($1,025) Purpose: Deduct for coating not applied in SBR ta 24 171 Work by HarTis to modify Influent Building piping as 'ated with relocating ODS PUfT1)S $2,570 Purpose: Relocate ODS poo1P P6020RE and make changes We to conficts with existing piping layout Total CO No. 1&: $~ 041 . p..,. :l .Il ~11'-'l ~ -- z.~~~- . Change Order No. 15 Wastewater Treatment I lant Expansion Monticello, MN . Original Contract Amount; Change Order No. 1 2 3 4 5 6 7 8 9R 10 11 12 13 14 15 $11.283,200.00 $0.00 ($4,687.00) $4,839.00 $10,376.00 $10,635.00 $12,682.50 $39,982.00 $25,643.00 $0.00 $37,047.00 $59,201.00 $25,074.00 $0.00 $23,174.50 $56.041.00 $300,008.00 2.66~ 0' OI1glna/ conlrld ImOWlt Revised Contract AmOl $11,583 208.00 . ."" J .Il \1IlIl9lI ~;~. 09/10 198 TIlU 15:34 FAX ADOLF S N & PETERSON 1410 IV:l. Change Order No. 15 Pmjeet Name: Waau:wa~ T tll81:rflem Plant expansion HDRProject No.: 08124-OQ4-164 projaa Owner: City of Montic\dlo. MN OWTl8l"a Project No.: S3-14C ate 01' lS$,IlItlee: 9/9/98 Project ContrllctQr: Adolfson and PoWSOll ate or contract: 12118/96 onttad Period: 12"8/96.10/15/98 It ia agtHd to modify tha CaMnlr:t rvl'erred to abav. as fallows: Item No. tem and D..<;:riotion of o..ng.. Contract Price COntnlct Time CecI'8i1S8 locreiilS8 DeereMe Increase 1 PR He. 55 0 $97~ Oda% o clavs 2 PR No.115 0 $9 457 o 4lavs o days 3 PA No. 121 0 $1.931 o dayS o days 4 PR No. 126 0 $5,609 o davS Odavs , PR No_ 127 0 SJ.512 o daV$ Odavs a CPR No. 128 VOID VOID VOID VOID 7 CPR N". 1:30 0 $952 Odavs o davs; e CPR No. 133 0 $1.191 o days ad..... 9 CPR No. 134 0 $4.625 o days o <hIvIl 10 CPR Ncl. 135 0 $4,647 o d.v. O~ 11 L:PR Ne. 137R VOID VOID VOID VOID 12 CPR No. 13i 0 $669 o d.v"' o daVs 13 CPR No. 140 0 $5.265 o dav. o days 14 CPR No. 143 0 $808 o dav. o days 15 C:PR No. 144 0 $6.054 o day. Odavs 16 CPA No. 161 VOID VOID VOlD VOID 17 CPR No. 163 VOID VOID VOID VOID 18 CPR No. 1 54 0 $S03 o days OdWfl 19 CPR No. 156 0 ~383 o days OdllVS 20 CPA No. 1 5a VOID VOID VOID vOID 21 CPR No. 159 0 $0 OdllVS o dava 22 CPR No. 181 0 eo o days o davs 23 CPR No. 1 62 $ 1 025 0 o days o dllYS 24 CPfl No. 171 0 $2.570 o daYll o days Sub ot-' $1.0215 $57.066 o daYs o dan Olfferen~ Nl;I~ $56,041 OdllY3 SumMNY: It Is llgreect Ul modify die CCII1UIKlt referred to "'VII .. folio..: Contract Plioe ptlot to thill Chill1ga OIdllr Contract. llme prlot' to thi5 Chillng.. Ofdllr 1$1,.527,'67.00 C.S7' I nterlm Co::t:ICtlon Dates: l.-e.bn.lJ.; 1996.. March 1. 188B al'ld April 1. 1 998 h=1na1 Comllllltion Date: Ocrobar IS, \998 NiJt lo"r~a&B IdItCfIlil'G) 01 this Changa Order Nllt IncnllllSIl (deonaull) of this Change Otder Is 56.041 ,CO 0 I Flevised Contract Price with all illpptoved Chang. Otdlll'$ RVvi$ed Contral.1t T'lIYle with all awroved Chal'lQfl Ordets 1$ 11,583,208.00 c.lT I Interim Comt:lletion Da~fll';: \februafYl. 1998", Matl'lh " 1988 and April 1, HieS lAnai COmllletlon Oetl!: Oc&obtr 15. 1998 The uhangell includad in this Change 0._ ... to be aQCOIJIplIshed 1!1 aeeanlance wi1tl1he t8l'ml. ~ and lIonditionl; llf the original COtltnct as t/1oUgh IndU<Ied therein. , The City of Monticello agrees that by ~ ying Adolfson & Pete1:'son, Inc. for Change Order #15, Ado1fson & Peterson, Ioc does not waive O~ forfeit any time extension claim(s) pursuant to Article 12 f the General Conditions Agreement between the parties. FORM 1ll.~.2 (Vonl"" 1.0 Oa 90'1 T.. ~ 1ll-502(l.2 CO~J/1II9')1 HOR EaJi-rina. 1Pc:. S"€ ~!I --- ---- .. 02 . . c<:,{ ** . .- C$o' . . 09/10/98 TBll 1~:34 FAX ADOLF~ N & PETERSON lil~ ,A.pprovtl:l tor Owner by: . Distribution: L-jJwrllll' .. L-JContra FORM w.-SlW-:l (VmloD \.0 ()a 90) CUpyripl 1991 liDlt ~ ID;. Change Order No. Attest L-jOtflc:. T l j()2O " .. L.Jother I4J 003 15 IU.S02002 GE-l( . . . 5F. ~ (R.W.) A. REFERENCE AND BACKGRO Council Agenda - 9/14/98 tion of 1999 bud et and tax One item that we forgot to discuss at our i itial budget workshop session was to establish the date and time of our public hearing on doption of our 1999 budget and tax levy. The Wright County Auditor needs to know by uesday, September 15, the dates we have selected. In the past, the City has not had the choice of having the public hearing at our normally- scheduled Council meeting, as the School istrict has always picked that date first. This year the City is allowed to schedule the ini ial public hearing at our December 14 Council meeting, .!:rn1 we will still be required to ha e a special meeting to adopt the final tax levy, as we cannot officially do it at the initial p blic hearing. The result is that it may still be just as easy to do like we've done in the pa t and hold the initial public hearing on a Wednesday evening at 5 p.m. prior to our r gularly-scheduled Council meeting in December, allowing us to then finally ado t the tax levy at our regular Council meeting. In other words, we will need to have a sec nd special meeting of the Council in December regardless, so it may be just as e sy to continue with our past practice and have the initial public hearing as our special me ting. Based on the fact that our regular Council eeting in December is December 14, it is recommended that we hold our initial publ' c hearing for adoption of the tax levy on Wednesday, December 9, at 5 p.m. If the eeting is not continued, we can then adopt our final tax levy at our regular meeting Dcember 14. B. ALTERNATIVE ACTIONS: 1. Set the meeting for the public heari g for Wednesday, December 9, at 5 p.m. Although we've never had to use a ontinuation date, that meeting would be one week later on December 16. 2. Hold the initial public hearing at 0 regular Council meeting on December 14 and then schedule an additional spe ial meeting date thereafter to officially adopt the final budget. C. STAFF RECOMMENDATION: Since we are still unable to adopt the budg t without having a special meeting, I would recommend we continue with our past prac ice of holding the initial public hearing on our budget the Wednesday evening prior to our first Council meeting ofthe month. This would set the meeting on December 9, and 'n the past we've used 5 p.m. as the starting time since it is the only item we are discuss'ng. D. SUPPORTING DATA: None. D . . . 5G. Council Agenda - 9/14/98 A Avanti Petroleum, Inc., of Denver, Colora 0, is in the process of purchasing the two Total Mart stores in Monticello located at iverroad Plaza and south Highway 25. In conjunction with the purchase, the comp is requesting the issuance of an off-sale nonintoxicating 3.2 beer license. Total M had previously allowed their beer license to expire; therefore, the City Council should pprove issuance of the license to the new corporation. B. ALTERNATIVE ACTIONS: 1. Approve the issuance of two off-sal beer licenses for the Total Mart convenience stores being purchased by A vanti P troleum, Inc. 2. Do not approve the licenses. C. STAFF RECOMMENDATION: It is recommended that the beer license app ications be approved. D. SUPPORTING DATA: License application. I ---- . CITY OF MO ICELLO LICENSE APP ; ICATION This application is being submitted for the fo lowing licensees): - Set-up license v-e;ff-sale, non-intoxicating liquor - On-sale, intoxicating liquor On-sale, wine - On-sale, non-intoxicating liquor On-sale, wine/3.2 beer Applicant Name: Phone: 30.3-:3.2. 0'-030:!> Applicant Address: Social Security #: pj t1- Driver's License #: tJ Business Name: , , Business Address: .....1'1 '- i:/: S 3 t) b r'/;L 00 S;~ rL J/-w . 2S . Business Phone: & 1.2-;;1S- '1 Go I Describe nature of business operation: z..(, If Corporation: Officers: Directors: allowing the sale of wine, intoxicating liquor. Name of Business: Business Address: SE - If yes: . Business Phone: Type of License: Years Held: LIQLIC.APP: 1013/95 ~~--I .r ~. . ":' ., References: ~ t . . N~me AddreSfl Phone Nllmhet . Credit References (list at least one bank you 0 business with): N~me Addres6 Phone Number Amount of investment, excluding land: (only applicants for on-sale, intoxicating liquo must provide this information) Have you ever been convicted of a felony or of . olating the National Prohibition Act or any state law or ordinance relating to man acture or transportation of intoxicating liquors? I declare that the above information is true an -d3l~ . Date of Application Surety Bond est of my knowledge. ******************************************* ********************************** Insurance Certificate Application Fee License Fee Sheriff, Wright County M yor Date Ci y Administrator . Da e LIQLIC.APP: 1013/95 HS-~_~ 2- . . . 5H. Council Agenda - 9/14/98 A. REE Lucinda Farr, developer of the Wildwood idge development, has requested that the City complete sewer, water, and storm sewer ex ensions to the Wildwood Ridge development area. It is proposed that the extensions be ompleted as a public improvement project so that the cost to cross County Road 118 can be shared by the property owners that benefit from the extension. Properties that will be efit include the Wildwood Ridge area, Rolling Woods development, and the land ormerly owned by Orrin Thompson that shows no current plans for development. he Rolling Woods development area is owned by Mark Woolsten. Woolsten is aware oft e potential assessment and supports paying one-third of the cost to extend services. Th owner of the other parcel has not been contacted. Completing the project as a Cit project does not give the City the power to assess properties outside the city limits; ho ever, it does allow the City to assess the properties once they are annexed. A public hearing on the matter must be completed and township property owners must be notified f future assessments. This process will assure proper notification. This project is unrelated to the water booste project. I understand that plans for this project will be reviewed and considered for approval at the next meeting of the City Council. B. ALTERNATIVE ACTIONS: I. Motion to approve a resolution acce ting petition, ordering a feasibility study, and calling for a public hearing on sanit sewer, water, and storm sewer extensions to the Wildwood Ridge/Rolling Wo ds development areas. The public hearing is scheduled for September 28, 1998. 2. Motion to deny approval of said reso uti on. C. STAFF RECOMMENDATION: The City Administrator recommends alterna ive #1. The improvements are necessary to allow development of the area and will allo distribution of the expense to the property owners. It should be noted that the City will have to carry two-thirds of the cost until annexation and development of the areas adj ining Wildwood Ridge. D. SUPPORTING DATA: Copy of petition. /. SEP11 - "38- 1 f=l:3RM"DARRRL -FRRR' DEVCORP , P"':2'/&: . . PETITION FOR LOCAL IMPRO . AND 1'EASIBu..ITY STUDy TO THE CITY COUNCIL OF ONTICELLO. MINNESOTA . Owner's Name: Address: Phone: I (We), the undersilned avmu(s) ofth, pI' pezty d.scribed below petition for,. feasibility study pursuant to Chapter 429 (Local Improvements, Special Assessments), for e following' improvements: Please indicate with an T the improvem :ts requested: , , Y Sazritary Sewer . y Water _ Bitunililoua Surfacinr .:- Curb and Gutter " ' .;. x Storm Sewer _ Street Lighting I (We) agree to t'Y.t~~the bIIity IItwIJ. I ewe) UJlder.~ the City Council"pro..rate the cost of the fe sibility study attributable to my : property if the scape of the study pert.a:ins other benefiting property ownerS. Description of Property: lJ11c1vood tielg. ubdiv1sion - extension of sanitary wer water and storm sewer to bounda Date 'f IJJJ 1~ Date Owner Signature . Date Owner Signature IMPFEAS..PeT: 12/10.97 ~).f ~ / . . . 7. Council Agenda - 9/14/98 A. The City Council is requested to hold a pu lic hearing and approve a resolution modifying Project No.1 Plan and establis 'ng TIF District No. 1-25 for the Blue Chip Development Company. The taxingjurisd ctions received a copy of the proposed TIF Plan 30 days prior to the scheduled public earing, and a public hearing notice appeared in the local newspaper at least 10 days prio to the public hearing. Please open and close the public hearing. Enclosed you will find an overview ofthe IF Plan for TIF District No. 1-25 as prepared by Ehlers & Associates. You will note the overview outlines the project description and required findings ofthe Council. The distr ct is located to the east of Vector Tool or at 208 Dundas Road. The HRA elected to m e the 10% local contribution estimated at $8,000, this applied to the project's up-fro t WAC/SAC fees, thereby eliminating the City's HACA penalty. A copy of the entir TIF District No. 1-25 Plan and modified Central Monticello Redevelopment Project No.1 Plan are available at city hall for your reVIew. The Contract for Private Redevelopment b ween the HRA and Blue Chip Development Company will describe the level of TIF ass stance and the terms and conditions of the contract as prepared by HRA Attorney Ste e Bubul. The contract has been prepared and will be executed momentarily. Because the TIF assistance is a pass-through to the tenant, the developer agrees to submit a copy ofth lease agreement(s) for review by the Executive Director. The tenant, B and B M tal Stampings, Inc., is a precision machining, welding, tool & die, and metal stamping co pany. Alan Walter, President, has owned the company for about two years. The com any currently employs 5 full-time and projects to hire an additional 3 to 5 full-tim employees within two years at an average hourly wage of $14.1 0 exclusive of benefits. In order to meet the December time line of the tenant, a grading permit was issued. Th building permit will be issued upon approval of the TIF Plan by the Council. The HRA agreed to pay-as-you-go TIF assi tance for site improvements in an amount not-to-exceed $32,000 Net Present Value 0 er the life of the II-year district. The HRA will retain the first 20% of the annual tax in rement. After closing the public hearing, please con ider the following alternative actions relating to the establishment ofTIF District No. 1-2 . l-3 I 1__- Council Agenda - 9/14/98 . B. AL TERNA TIVE ACTIONS: 1. A motion to approve a resolution a opting the modified Redevelopment Plan for Central Monticello Redeveloprnen Project No. 1 and establishing within Central Monticello Redevelopment Project No.1 TIF District No. 1-25 and adopting the related TIF Plan therefor. 2. A motion to deny approval of a res lution adopting the modified Redevelopment Plan for Central Monticello Redev lopment Project No.1 and establishing within Central Monticello Redevelopmen Project No.1 TIF District No. 1-25 and adopting the related TIF Plan there or. 3. A motion to table approval of the r solution until September 28. C. STAFF RECOMMENDATION: As the proposed project meets the require ents of the local TIF policies and state statutes, the City Administrator and Econo ic Development Director recommend alternative # 1. . D. SUPPORTING DATA: Overview ofTIF District No. 1-25; Map id ntifying the district location; Copy of the resolution for approval. . If __I . . . e Ehlers and Associates Tax Increment Financing District verview City of Monticello - Tax Increment Financing istrict No. 1-25 The following summary contains an overview of the bas c elements of the Tax Increment Financing Plan TIF District No. 1~25. More detailed information on ea h of these topics can be found in the complete T Plan. Proposed action: Establishm nt of Tax Increment Financing District No. 1-25 a d adoption of a Tax Increment Financing Plan. Development District: Adoption 0 the Modified Redevelopment Plan for the Central M nticello Redevelopment Project No.1. Type of TIF District: An Econo ic Development District Parcel Numbers A portion f 155-018-003050 Legal Description East 161.0 feet of Lot 5, Block 3, Oakwood Industrial Park, Wri ht County, Minnesota 2.416 acre Proposed development and Agreement: Facilitate he construction of a 12,000 square foot manufactu ing facility in the City of Monticello to be owned by Blue Chip Development company and occupied b B & B Metal Stamping, Inc Maximum duration: 9 years fro receipt of first tax increment or 11 years from the d te of approval of the Plan. Estimated annual tax increment: $9,735 Proposed uses: The TIF P an contains the following budget: Site Impro ements . . . . . . . . . . . . . . . . . .$40,000 Publ ic Uti ities . . . . . . . . . . . . . . . . . . . . . .15,000 Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . .26,000 Local Con. (SA W/W AC fees) . . . . . . . . . .9,000 Administr tive Costs (up to 10%). . . . . . . . 9.000 TOTAL ......................... .$99,000 7~1 . . . TIF District Overview Form of financing: Administrative fee: Pay-as-YOl-go note Up to 10% of annual increment, if costs are justified. LGA/HACA penalty Local contribution: The City End HRA elect to make a qualifying local contributicn. The local contribution for a economic developme nt district is equivalent to 10% of the tax increment evenue. Required findings by the City Council: Evidence I. Finding that the District No. 1-25 is an economic development district as defined in M.S., Section 469.174, Subd. 12. 1. Tax In rement Financing District No. 1-25 is a contiglous geographic area within the City's Centra Monticello Redevelopment Project No. I, delinea ed in the Plan, for the purpose of financing econon ic development in the City through the use of tax increment. District No. 1-25 consists of a portion of Central Monticello Redevelopment Project No. I not meeting requirements for other types 0 tax increment financing districts, which is in the public interest because it will facilitate constru ction of a 12,000 square foot manufacturing facility which will discourage commerce, industry, or man Jfacturing from moving their operations to anothe state or municipality; it will increase emplo\ ment in the state, and preserve and enhance the tax base of the state. 2a. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: 2a. This finding is supported by the fact that the develo ment proposed in this plan is a manuf, cturing facility that meets the City's objecti es for economic development. The cost of site in provements and public utilities makes develo ment of the facility infeasible without City assista ceo The developer was asked for and provid( d a letter and a proforma as justification that he would not have gone forward without tax increm nt assistance ( see attachment in Appendix E). As the proforma shows, the net annual rate of return for this project without tax increment assista ce is not commercially feasible. Page 2 7--'J- . . . TIF District verview Required findings by the City Council: Evidence (continued) 2b. The increased market value of the site that could reasonable be expected to occur without theuse of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the Plan 2b. Due 0 ownership, parcel size and zoning factors, no ot er development with greater market value is rea onably expected at this site. The site is part of a arcel owned by Blue Chip Development Com any, which operates a manufacturing busin ss there. Blue Chip is splitting the parcel in or er to lease the site to B&B Stamping, Inc. The ite is zoned 1-2 and the parcel is narrow, whic limits the development options. The prop sed development maximizes the develop able s ace on the site by use of a shared driveway with he adjacent Blue Chip business. If the proposed development did not go forward, the site uld likely remain part of the existing Blue Chip manufacturing site and would not be devel ped for any other use. The only possible altern tive use of the site would be a similar or small r manufacturing development which the City easonably expects would have a similar finan ial pro forma indicating the need for tax mcre ent assistance. Therefore, the City concl des that no increase in market value is reaso ably expected on this site without tax mcre ent assistance. 3. Finding that the Tax Increment 3. Financing Plan for DistrictNo. 1-25 conforms to the general plan for the development or redevelopment of the municipality as a whole As sh wn in Appendix C, the total increased marke value from the proposed development is $270, 00. The present value of tax increments from IF District No. 1-25 is estimated to be $56,0 I. As discussed above, the Council finds that n development of any kind is likely on the site wi hout assistance, and in no event would any altern ive development have a value exceeding $214,569. The Ian was reviewed by the Planning Comm ssion on September I, 1998. The Planni g Commission found that the Plan con for s to the general development plan of the City. Page 3 7.,3 . . . TIF District verview Required findings hy the City Council: Evidence: (continued) 4. Finding that the Tax Increment 4. Financing Plan for District No.1 ~25 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of Central Monticello Redevelopment Project No. 1 by private enterprise The project to be assisted by District No. 1-25 will r suIt in increased employment in the City and the State of Minnesota, increased tax base of the St te, and add a high quality development to the Ci y. Page 4 7-'1 ri> " j .5 g> 1 . l 9 .~ c. 0 ~ '! 0 .1 ! .1 j c. ." 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CITY OF MON ICELLO WRIGHT C UNTY STATE OF MI ESOTA Council member introduce the following resolution and moved its adoption: RESOLUTION RESOLUTION ADOPTING THE MODIF D REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELO MENT PROJECT NO.1; AND ESTABLISHING WITHIN CENTRAL ONTICELLO REDEVELOPMENT PROJECT NO.1 TAX INCREMENT FI ANCING DISTRICT NO. 1-25 AND ADOPTING THE RELATED TAX INCREM NT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the tIC uncil") of the City of Monticello, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. It has been proposed that the City Coun il adopt the Modified Redevelopment Plan for the Central Monticello Redevelopment Project No. 1 and es ablish within Central Monticello Redevelopment Project No. I Tax Increment Financing District No. 1-25 ("District No. 1-25") and adopt the related Tax Increment Financing Plan therefor (collectively, the" lans"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Section 469.001 through 469.047 and 469.174 through 469.179, all inclusive, as amended, all as reflected in the Pans, and presented for the Council's consideration. 1.02. The Council has investigated the facts r lating to the Plans. 1.03. The City has performed all actions requi d by law to be performed prior to the adoption and approval of the proposed Plans, including, but not limit d to, notification of Wright County and School District No. 882 having taxing jurisdiction over the pro erty to be included in District No. 1-25, a review of and written comment on the Plans by the City Plannin Commission, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the "Reports") rela ingto the Plans and to the activities contemplated therein have heretofore been prepared by staff and subm tted to the Council and/or made a part of the City files and proceedings on the Plans. The Reports include d ta, information and/or substantiation constituting or relating to the bases forthe other findings and determin tions made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are here y incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein Section 2. 2.0 I. The Council hereby finds that the Plans, re intended and, in the judgment of this Council, N: IMinnSOlalMONTICEL ITifl-25lcity -,es. wpd 7.../P . . . the effect of such actions will be, to provide an imetus for development in the public purpose and accomplish certain objectives as specified in the Plans, which are hereby incorporated herein. Section 3. Findin s for the Establishment of Tax ncrement Financin District No. 1-25. 3.0 I. The Council hereby finds that Tax Incr ment Financing District No. I ~25 is in the public interest and is an "economic development district" und r Minnesota Statutes, Section 469.174, subd. 12. 3.02. The Council further finds that the prop sed development would not occur solely through private investment within the reasonably foreseeable fu ure and that the increased market value on the site that could reasonably be expected to occur without the u e of tax increment financing would be less than the increase in the market value estimated to result from the roposed development after subtracting the present value of the projected tax increments for the maximum uration of District No. 1-25 permitted by the Tax Increment Financing Plan, that the Plans conform to the eneral plan for the development or redevelopment of the City as a whole; and that the Plans will afford ma imum opportunityconsistent with the sound needs of the City as a whole, for the development of District o. 1-25 by private enterprise. 3.03. The City elects to make a qualifying ocal contribution in accordance with Minnesota Statutes, Section 273.1399, subd. 6(d), in order to qual fy District No. 1-25 for exemption from state aid losses set forth in Section 273.1399. 3.04. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and upporting facts for each determination in writing, attached hereto as Exhibit A. Section 4. A roval and Ado tion of the lans. 4.0 I. The Plans, as presented to the Council 0 this date, including without limitation the findings and statements of objectives contained therein, are here y approved, ratified, established, and adopted and shall be placed on file in the office of the Executive Dir ctor of the HRA. 4.02. The staff of the City, the City's advisor and legal counsel are authorized and directed to proceed with the implementation of the Plans and to neg tiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documen s and contracts necessary for this purpose. 4.03 The Auditor of Wright County is request d to certify the original net tax capacity of District No. I -25, as described in the Plans, and to certify in eac year th'ereafter the amount by which the original net tax capacity has increased or decreased; and the City 0 Monticello is authorized and directed to forthwith transmit this request to the County Auditor in such for and content as the Auditor may specify, together with a list of all properties within District No. 1-25, for hich building permits have been issued during the 18 months immediately preceding the adoption of this r solution. The motion for the adoption of the foregoing r solution was duly seconded by Council member , and upon a vote being taken there n, the following voted in favor thereof: N:IMillllSotaIMONTlCELITifl-25Icity Jes- wpd 7-'7 . . . and the following voted against the same: Dated: September 14, 1998 ATTEST: Mayor City Administrator (Seal) N :IMinnsotaIMONTICEL I Tifl-25lcity Jes. wpd 7 ,.. t:t . EXHIBI A RESOLUTION # The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 1-25, ("District No. 1-25') as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that the District No. 1~25 is an economic de elopment district as defined in MS., Section 469.174, Subd. 12. Tax Increment Financing District No. 1-25 is a c ntiguous geographic area within the City's Central Monticello Redevelopment Project No.1, delineat d in the Plan, for the purpose of financing economic development in the City through the use of tax in rement. District No. I ~25 consists of a portion of Central Monticello Redevelopment Project No.1 no meeting requirements for other types of tax increment financing districts, which is in the public interest be ause it will facilitate construction of a 12,000 square foot manufacturing facility which will discourage co merce, industry, or manufacturingfrom moving their operations to another state or municipality; it will increase employment in the state, and preserve and enhance the tax base of the state. 2. Finding that the proposed development, in the 0 inion of the City Council, would not reasonably be expected to occur solely through private investmen within the reasonably foreseeable future and that the increased market value of the site that could rea onably be expected to occur without the use of tax increment financing would be less than the incre se in the market value estimated to result from the proposed development after subtracting the present alue of the projected tax increments for the maximum duration of District No. 1~25 permitted by the Plan . The proposed development, in the opinion of the C ty, would not reasonably be expected to occur solely through private investment within the reasonably fi eseeable future: This finding is supported by the fact that the development proposed in this plan is a man facturing facility that meets the City's objectives for economic development. The cost of site improve ents and public utilities makes development of the facility infeasible without City assistance. The d veloper was asked for and provided a letter and a proforma as justification that he would not have one forward without tax increment assistance ( see attachment in Appendix E). As the proforma show, the net annual rate of return for this project without tax increment assistance is not commercially feasi Ie . The increased market value of the site that could r asonable be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value oft e projected tax incrementsfor the maximum duration of the TIF District permitted by the Plan: Due t ownership, parcel size and zoning factors, no other development with greater market value is reasonabl expected at this site. The site is part of a parcel owned by Blue Chip Development Company, which ope ates a manufacturing business there. Blue Chip is splitting the parcel in order to lease the site to B&B Stamping, Inc. The site is zoned 1-2 and the parcel is narrow, which limits the development options. Th proposed development maximizes the develop able space on the site by use of a shared driveway wit the adjacent Blue Chip business. If the proposed development did not go forward, the site would like y remain part of the existing Blue Chip manufacturing site and would not be developed for any other use. he only possible alternative use of the site would be a similar or smaller manufacturing developmentw ich the City reasonably expects would have a similar financial pro forma indicating the need for tax incre ent assistance. Therefore, the City concludes that no N :\Minnsota\MONTICEL\Tifl.25\city Jes. wpd 7 ,.,1 . . . increase in market value is reasonably expected 0 this site without tax increment assistance. As shown in Appendix C, the total increased mar et value from the proposed development is $270,600. The present value of tax increments from TIF Dis rict No. 1-25 is estimated to be $56,031. As discussed above, the Council finds that no development of ny kind is likely on the site without assistance, and in no event would any alternative development have a value exceeding $214,569. 3. Finding that the Tax Increment Financing Planfo District No. 1-25 conforms to the general planfor the development or redevelopment of the municipali as a whole. The Plan was reviewed by the Planning Commiss on on September 1, 1998. The Planning Commission found that the Plan conforms to the general devel pment plan of the City. 4. Finding that the Tax Increment Financing Planfi r District No. 1-25 will afford maximum opportunity, consistent with the sound needs of the City as whole, for the development of Central Monticello Redevelopment Project No. 1 by private enterpris . The project to be ~ssisted by District No. 1-25 will esult in increased employment in the City and the State of Minnesota, increased tax base of the State, and dd a high quality development to the City. N :\Minnsou\MONTICEL \ Tifl-25\city _res. wpd 7'" 10 . . . 8. Council Agenda - 9/14/98 A. Council is asked to adopt a resolution acce ting bids and awarding the project extending sanitary sewer service to the Monte Club. his project was bid on August 21 and was anticipated to be awarded on August 24. ue to annexation negotiations, the project was not awarded. It now appears that Bruce G gnelius is close to having a contract agreement with the Township to allow the Monte Clu to be annexed. Their meeting is scheduled for September 21. The Council is asked to consider award of the project contingent on Bruce Gagnelius finalizing his Monte Club contract with the Township and providing the necessary securities to the City. The lowest responsible bidder was Molitor Excavating from St. Cloud, Minnesota, at a base bid of $23,571.50 and an alternate bid of $8,201.50 for a possible total construction cost of $31 ,773. Bruce has not decided on he base bid or alternate and will have a decision before the meeting. Bruce will be responsible for 100% of the project costs. B. ALTERNATIVE ACTIONS: 1. Motion to approve a resolution acce ting bids and awarding contract for the Monte Club sanitary sewer improve ent project contingent on an agreement with the Township and providing the nec ssary City securities. Base bid or base bid plus alternate #1 to be determined b the owner. 2. Motion to deny adoption of the reso ution. C. STAFF RECOMMENDATION: The City Engineer recommends alternative 1. D. 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Q <ii '" d lii g o '" ~ '" .:; f--- i: g ~ I ~ ~ ii: I~ ~ ~151~ ~ u ~'\'! .... o ~~i~~~ z ::; ~i~ :i :=; ~ E= ~ I~ IUJ ~ <a 1iJtil~~~ E w ~ It; P !L .2 e; 1::1"' is >il =<~ g:~ ~,-g ~ ~ IN: I I 1=16'~- ~ N ~ ~ " II) ~ 1- ~ i~ ::..... ::..... ;;:'I'~" :; I ~ I ~ ;;: I ~ ~~ ~~ __ 'UNi~~I~ '.:J ~UlJ ~~"1'"Ifi~~qqd'l f---g ~ I 15 ig ~ t( ~ ~ '" ill go:: ~ >- @ ~ 1jj a:: 0= ....l ;z t !.r.l e ~ ~ ~ ~ .... !::I;<; .:; ~~~I'~~~ v ;;l :"It;;,::: '" ~~d~;zlirJ ~ .. i5,tel~'f~ 3 "I" ~ z ] ~ i~ ; ~ ~ NINNo c; "'I:: "i'" ;2 {,j o E- "t:l C r: t:l 1'3 . . . 9. Council Agenda - 9/14/98 A. Marquette Bank has applied for a Conditi nal Use Permit to allow the construction of a new bank building with a drive-up facility on their current property at Sixth and Walnut Streets. The site is zoned CCD, Central C mmunity District. Banks are permitted uses in the district; however, drive-up facilities trigger the need for a Conditional Use Permit. The CCD zoning district was designed to i plement the objectives ofthe Downtown Redevelopment Plan, with an emphasis on pedestrian orientation. Therefore, drive-up facilities were allowed in the district only y Conditional Use Permit, and with conditions intended to emphasize the pedestrian focu of the community's traditional downtown area. Conditional Use Permit The elements of the Conditional Use Perm t for drive-through facilities in the CCD area include the following: 1. Service through drive-through facil ties is accessory to interior on-site, or sit- down, service within the same buil ing. 2. Drive-through lanes are designed t avoid disruption of pedestrian and vehicular traffic flow, both on- and off-site. 3. Landscaping and other site improv ments are included which screen automobile stacking space from the public stre t. 4. The principal building occupies no ess than forty (40) percent of the property, exclusive of easements, devoted to ublic pedestrian use or other outdoor public spaces. 5. The building, site, and signage, me ts the standards for the "CCD" district, and design review approval is granted b the designated Design Advisory Team. 6. The proposed use demonstrates co patibility and consistency with the City's Comprehensive Plan and the Down wn Revitalization Plan. The City recently considered a similar requ st for First Minnesota Bank along TH 25 and 4th Street. Although for a smaller site, the ssue for First Minnesota was the same as it is for Marquette: The lot coverage of the bui! ing and other improvements is required to be at least 40%. The Planning Commission ap roved the previous application with the / Council Agenda - 9/14/98 .~ interpretation that the drive-up canopy cou ted in the lot coverage, resulting in a requirement for First Minnesota to increase the size ofthe canopy and adhere to the 40% lot coverage requirement. For Marquette, the issue is similar, althoug, more dramatic due to a larger parcel and a larger drive-up facility. On the Marquette s'te, the area devoted to drive-up lanes and access comprise approximately 12,000 squ e feet - more than 27% ofthe parcel. The lot coverage of the building and the landscape plaza areas cover another 12,000 square feet. The remainder of the site is paved parking 1 t or perimeter landscaping. To meet the 40% standard, approximately 5,300 square feet of the lot must be improved either with building (including the drive-up canopy), 0 pedestrian plaza area, or the lot size must be reduced via a simple subdivision. The appl cant desires to solve this problem via a simple subdivision. The Planning Commis ion agreed. Design Review --- The DA T reviewed this project at its most cent meeting and granted approval to the applicant for both the building and site plan elements. The DA T specifically withheld comment on the lot coverage issue as a zon ng matter better suited to Planning Commission consideration. The DA T state that apart from the lot coverage, the project was well designed to meet the character of e downtown area, and to complement the Community Center which will be sited dire tly to the north of this project. B. ALTERNATIVE ACTIONS: DECISION 1: 1. Motion to approve the Conditional se Permit for a drive-up facility, contingent on the conditions listed in Exhibit Z based on a finding that the project is consistent with the objectives ofthe Downtown Revitalization Plan and the CCD zoning district. This is the alternative recommende by the Planning Commission. 2. Motion to deny the Conditional Use Permit based upon a finding that, as proposed, the project cannot meet pedestrian orientation objectives of the Comprehensive PlanlDowntown Re italization Plan. 3. Motion to table action on the Condi ional Use Permit, pending consideration of a request to amend the lot coverage re uirements applicable to this project. DECISION 2: ---. 1. Motion to approve a simple subdivi ion resulting in a parcel/site meeting the 40% lot coverage requirement. 2. Motion to deny the simple subdivisi n. / . C. STAFF RECOMMENDATION: Council Agenda - 9/14/98 Staff recommends approval of the project ith changes made per the conditions in Exhibit Z. These conditions relate to addi ionallot coverage changes to the site plan in an effort to meet the standards for drive-u banking facilities in the Central Community District. The developer has indicated sup ort for subdividing the lot since it also results in a larger lot next door that will have mor potential for development. Staff believes that the objectives of the downtown planning r cently done by the City are particularly important in this area along Walnut, the" ain Street" ofthe concept. Moreover, the City has recently applied these same standards 0 a similar proposal on another site in the CCD. Consistency in the application of z ning standards is an important factor for the City to consider. With regard to the Walnut Street frontage, the building has been sited to accommodate the City's Walnut Street improvements, b sed upon preliminary estimates of street width and sidewalk needs. The City will be con idering the development of a concept road and landscaping plan which integrates the prel minary dimensions. Staff is proposing that changes to the street and boulevard be don as a more comprehensive project once the plans are complete. Therefore, the bank n ed not include Walnut Street changes in the development of its site. One final note--the applicant is requesting approval for a temporary facility during the period of construction, as was granted for irst Minnesota. A six-month time frame was granted for the First Minnesota temporary acility. As noted with that application, an extension could be considered later in the vent construction of the permanent improvements are delayed unexpectedly. . D. SUPPORTING DATA: Exhibit A - Site Plan Exhibit B - Building Elevation - to be pro ided by architect at the meeting Exhibit C - Temporary Facility Site Plan Exhibit Z - Conditions of Approval . /g N ~ 01 'l" . ~Q .U :r ~"-- ~ III . :::> f lij ... ... fu U1 lSl a.. '" 1I1 'l" U1 ~ a: u o ~ "" , 1 Y 'I! :\I ~ ., ., :I! Ji . I-~---'-- I I I l I I I I l :'i'~~~ to," , ~-;--------- -+- /......... -- it" =- -- o I d:... I 1011\ I -:! ~ r---~-------'~\ I -- I I I I I I I I I I J I J I I .- I ~~~~~____mmt - i ~ 1- nun___' _1__ .~::~l=--~-------- - I _.--~-----~- ~-- \ \\ ",-0 ~"-~ ""*'1., Ii ~""I!-e EXHIBIT A I lU ill II': >- ,j) ::r ... x oS> VI n. , o .;t- v o ,I o z"" <( D -..J':-.- Q 9-/ m . . " I I I , I I I I j'Yi -~i I ! ~f~'~~}~4tl~/r~'~'~';~'1 ~ ,I r.,.:;-.' .? ~ 1': ~/ / J I " Y ),j' ! -r~?1t' "'/' ,~/' ',/,J.!j// 1-/ !, I 1"'~'/ :,./~. ~:.-9;1.~(*' /11 ,i I LA. ~,-r ,,~-,o':'!/ ;~7'7"i/. l" :.n. .... ~ ~~'... .'/,: / .1,.- J '7"'::(' r "W'::-:~;~,:~{, / /~/ / /..../il [' 'j .' / _/~/~~ ,'. /.. I .rl(///" /. '~! ,r I ~>",,"/./~' 1''' ;' .~ :"'~/r.TT , u' , /- / / " , ' r,/.,</ .... . .,~::. <.' i I ~,./ ,"_;:~ i I · :,/ '~":;~"<"-'~- /:: t- r" , , ,;",'." ' _ -f7S...~.v,4L..J<~~'1 + - - - - -.:J r (//0"// //(,':;::::" -r - t: - - = :=J I. ...__ =...- ~.. "'......- =........ ~ .t.~ 1'oIIl:..... :.,.- r 7;'/........... . V /" "'At'''' ..' .....,...,. V,%~v'1.....~.. .,/ /'/'/ .' .I .. , / /" ....... ;.......L... /oj ,/ / / 1 r'"" //....'" /~~... ... ... ... " r~.:;;:~".~~j,~7;~~" ~/"'''~/ ./e~fi//// , ... r / /~I ~I' .. V /', ...../ .,~ - I -....'Y/ '.' I" ..... " ...... ."J..... .pI} '? ... . ~~""4'.""{"";';:''/'. / /";".1'1/ .1 ... C ..........:'.ll ~ (If" jI -.-' -- 1Il...L.I'lU. T ..,. .. ",~eT . Exhibit · Temporary Site Plan -.------...---.....- ...-...-... .. -...... ..,d---.- ::t ... :( '. III I III UI D' ... . ~ r>:J E-l E-l r>:J ::> 01 ~ .~ '7 <4:' ...I 0.... wI/! I-a.. - , v'lc.J 'If' ) 'q' 0::- -< a:: o 0... ~ I- ~ .........n I Z C._I ~ro;; 1-" - ...J o .. ~~ w,o( Cl~ . . . Conditions f Approval Marquette Bank Co ditional Use Permit 1. Site Plan amendments to illustrate compli ce with the 40% lot coverage standard through either or both of the following, or ther means: A. Subdivide the parcel creating a ne lot/site that meets the 40% lot coverage requirement. B. Grant the City a 7-ft roadway, pedestrian, and utility easement along Walnut Street. Exhibit - Conditions of Approval q-3 . . . 10. A REFERE E AND BACKGR Council Agenda - 9/14/98 (lO.) Mark Wentzell of Ankeny Kell Architects. as been hired by a private developer to provide design assistance on development fthe Ferrellgas/Liquor Store site. Wentzell has been requested to assist with the preli . nary design because of his familiarity with the community and the adjacent communit center site. The purpose ofthe review is to identify possible design concepts for devel pment of the Ferrellgas and Liquor Store site. It is also intended to provide the Council d the public with an understanding as to how the community center site design will integ ate with the Ferrellgas and Liquor Store site. Funding for Wentzell's efforts is being pro ided by Veit Construction. This company is interested in working with the City in developing the site. At this point, there have been no negotiations on development financing. All discussions have related to design only. Mark Wentzell has reviewed the site and wll be presenting a concept for development that is consistent with the Redevelopment Ian and complimentary to the community center. As a preview, the design calls for d vel oping 25,000 sq ft of office/retail space in two buildings. One building will be an ext nsion or enlargement of the liquor store, the other building will be located on the Ferrell as site. Parking will be provided between the two structures. Sufficient access and visibility will be assu ed for the Liquor Store operation. The design of the addition will be geared to maintain g od visibility and excellent access that has made the Liquor Store operation successful It is projected that the addition will result in an additional 3,500 sq ft for the Liquor Sto . At some point in the future, Council will be asked to determine the manner in which it would like to approach development of the ite. It is likely that the developer will make a proposal to the City regarding the develop ent ofthe site. At such time that the proposal is analyzed, Council can elect to accept the roposal or invite other developers to make proposals for development of the site. Agai , the purpose of this review is to analyze site development concepts only. B. ALTERNATIVE ACTIONS: 1. Review design concepts and discuss Provide direction to developer to assist in development of a proposal to the Ci 2. Table item for future discussion. / Council Agenda - 9/14/98 . C. STAFF RECOMMENDATION: This is an information/discussion item only, providing an opportunity for the City Council to review designs for development of the Walnut Street/6th Street area. Based on Council input, the developer may prep e a more detailed plan and submit a proposal to the City for development of the site. D. SUPPORTING DATA: Map showing site; Copy of sketch plan wil be provided by Mark Wentzell at the meeting. . . dO ft",ll ~ s .. N ~. S J ,..,. -5"'1i. _s~/n"Roc.u.-,. of' _51'/' .. --,J,..; 1.'.'1 ~. ;cl~._J.()(> .~,,,+ . "tt~;,ft,hft. . AfJtJ-sl''I .." " 66 /0 ~ I", ,... 1'-"'" 66 66 6 /0 ~ Z ~ Z '-:1. " . ..~ 66 66 6 '-. /0 101 \Q'~' .on ,.. ~c.o In I"; I - ~ - ~ - . .-----:; ~ .....J ~ 5 / : 66 ..... -.... 66 -.. . (':l- e . / ~; I . . f T~ I J \0 ~ on -I 5~ ~J 66 66 66 00' oD. - 6~ r II C II V NrlRTHFRN :/!j '/ (r: :'--.0" 5" 'V -'> II 2 I liS ~ I 66 j i i 00 ~I 66 8 0 I€ 6 I.J.J I 7 -.J on lLo Q.. - <2: / ~ ,. , ,. \ 66 80 66 J I ~V;i\OI r\ 1 ;1 \ *7 ~.. \ J f'\. , " \ 6618066 6 ~ 10 . ~_ C/) 0() ~ I :J I~ () ~ 0 on I .....J~ 66 66 66 o 113 /':'" \J 5~ 66 6 If) \D 5 - 66 If) ~J 66 66 I 8 0 66 6 I- 10 10 ~ ~ ~ Z .....J 5~ ~ ~ :: -I 66 ," 66 10 66 L 6 ~ "" .... c: t- (, ~ "- 5- S 66 I 66 If) \Q ''"7 I r --'- I'/s,;fr, . #2 s~/P~ .,... . ~ .""\ . ..0 1~~ (I ilq , ""-~: .-- ~:- - -:--.. ::.---':' .." - _:::: -' :-:.- - ::: .---:-: ::':::"// :::> "-> _: ":..: '- :--:'<::,,: :'--: ''; '-' '."-: :: - .... 10 ,( . . . Council Agenda - 9/14/98 11. A. City Council is asked to consider entering i to an agreement with the Burlington Northern Railway for purchase of 494,350 q ft ofland, extending from Highway 25 to Maple Street. The area also includes 10,00 sq ft of land between the railway and the library site. Total price on the land area is 220,029, which amounts to $.89 per sq ft. The total land area for the community cent r site amounts to 122,100, which equals $.74 per sq ft. Purchase of the total land area is onsistent with the objectives established by the City Council in the priority-setting sess ons done some time ago and is necessary for the purchase of the community center site. The price charged by Burlington Northern is below the appraised value as established by the City's appraiser. In addition, when adding the cost of relocation and purchase ffixtures for the Ferrellgas, JM Oil, and Riverside Oil properties, the cost per squar foot remains below the market value of land in the general area. Establishment of the p rchase agreement at this time will allow the City to gain permission to enter the site to i stall the sanitary sewer line along the northern alignment. Without this agreemen , the City would not be able to enter the site until after the condemnation process is corn lete. Obtaining the Burlington Northern property at a cost per square foot of$.76 allows us to shave approximately $100,000 off the corn unity center budget. These funds can be applied to the cost overrun on the trunk sani ary sewer, which now amounts to approximately $60,000. The Ferrellgas portion of the site is set at a ost of $2 per sq ft. Total cost to obtain the land, including relocation of Ferrellgas, am unts to $4.08 per sq ft, which is near the market rate for purchase of land on Highwa 25. Therefore, this purchase is essentially an investment and should be returned when he site is redeveloped. The City will likely get its money back via land sale plus gain t benefit of new property taxes. The sampling of soils for the purpose of an yzing contaminants is complete but results are not back. As noted earlier, due to the fa t that the condemnation process was initiated on this site, City acquisition of this land doe not make the City liable for cleanup of contaminants. Therefore, the City can purc ase this site and hold it without the responsibility for cleanup in the event it is :fI und that a toxic chemical or pollutant is present. The results of the soils analysis wil be available prior to initiation of the building project. According to the architect, the petro contamination on site will not impact the ability to place the building on th site within the proposed budget. An application for Petrofund dollars will be revi wed by the City Council on October 26. Burlington Northern is requiring that, as p of this agreement, the City install a 5-ft chain link fence along the parking lot bound ry between the 5th Street right-of-way and the parking lot. It is estimated that this fenc will cost in the neighborhood of $7,000. / Council Agenda - 9/14/98 . B. ALTERNATIVE ACTIONS: 1. Motion to enter into a purchase agr ement with Burlington Northern for land necessary for the community center site and adjacent property at a cost of $220,029. 2. Motion to deny entering into a purc ase agreement with Burlington Northern. C. STAFF RECOMMENDATION: It is the recommendation of the City Admi istrator to purchase the land area as proposed at the price negotiated by Dan Wilson. Th cost per square foot for the community center site is below market value, and the balance fthe property is near estimated market value. It is his view that the cost of the land in ad ition to the cost of relocation results in the City purchase of land area at a cost that is r asonable in comparison to the recent purchases in the downtown area. The City hould be able to recover its investment in land outside of the community center when such land develops in the future. D. SUPPORTING DATA: . Land acquisition and relocation expense s mary. / 1 ~....y.. I 11 \ 1".. . \~9-\D ;\ (;J ,^v' '-fLr- . ~ e ro o _~.._..J:'" et: w 0:: <( (9 z z o ......, o <( o z <( w C 00 0:: w effi (.) ~ z\ ::> ::E ::E o () o I- (9 Z I- :5 w 0:: w 00 z w a... >< w o z <( ...J u.. e~ 0:: <( ~ :E ::> 00 ~fD -I- ~:5 ~w :20:: 00:: OW z!z Ow zo o W Z lD ::E o o c o ~ o Q) 0:: c o c o ~ o <1> n:: c o :E en :J g- et: c o ~- o 00 <1>0 0::1- c .2 :t:: en :J- O"~ () 0 <(I- ro ...... o I- o Ol M o N (0 o 0 N 6 6 m- Ol N I,{) ...- N Y) ffi' ffi' o f:h o o o 6 Ol ...... f:h o 0 Y) 0 o o M ffl I,{) ('r') (0 (0 v N 6 0> m N ~ ~ .... m 10 0'> I,{)~ ~ o o o o M f:h 0> LO 0> I,{)- M ffi' .~ o v 0 0 ex> ~ (0 f:h f:h 0'> LO ("') 0) r---.. N ('r') ..- Y) f:h o Y) ..- i~ o 0> o N o 0 o 0 0'> N ..- N Y) Y) o E en E .;:: (9 o f:h "0 ro e '00 0:: Z lD o ~ ......, ~ Z ::>0 ::Ew ~S Ow >-0:: ...Jo:: I-w ...... (.) 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REFERENCE AND BACKGR As you recall, three weeks ago the City C uncil considered entering into an agreement with the National Guard. The agreement proval by the City Council was contingent on approval by the National Guard of an ame dment that would allow the City to have the right of first refusal on purchase ofthe Nafonal Guard space with the value of any potential future purchase to reflect land gi en to the Guard at no cost. As you know, this particular provision is at odds with the bas c framework under which the guard operates when it enters a community. Therefore, th s amendment is not consistent with the normal arrangements that the Guard establishes wi h communities. At the outset, the Guard stated that part of the incentive for them to corne to a community and a major requirement for them is to have land granted to them. herefore, the Guard is not able to change the agreement as requested by Council. It is t e view of City staff, however, that this is a relatively small point, as the land area enc mpassed by the actual footprint of the Guard space is relatively small, and the land valu portion of the National Guard space would be difficult to separate from the building valu anyway. It is important to finalize this agreement d e to the fact that for every day approval is delayed, the City loses interest on $1.5 mil ion. As you know, the part of the agreement that benefits the City the most is the fact th t the National Guard will present the City with $1.5 million 21 days after signing oft e agreement; therefore, every day's delay in getting this agreement signed results in the loss of interest earnings. B. AL TERNA TIVE ACTIONS: I. Motion to adopt the agreement. I~:. City staff will coordinate execution of the agreement and the clock will start ticking on the 21-day period. 2. Motion to deny approval or approv agreement with further modifications. This alternative will result in additional elays in obtaining the funding. C. STAFF RECOMMENDATION: It is the recommendation of the City Admi istrator to approve the agreement as submitted. It is our view that holding out fo right of first refusal with the land value at $1 is not necessarily going to result in a big ch ge in what the City will ultimately pay for the National Guard space in the remote eve t the National Guard moves out. ,;23 Council Agenda - 9/14/98 . Furthermore, the delay in getting an agree ent approved by the National Guard is likely if the City holds to the previous action, an the loss of interest on $1.5 million really begins to offset potential gain. Therefore, it makes more sense at this time to simply adopt the agreement as presented. D. SUPPORTING DATA: None. . . ;;J.t . 13. . . Council Agenda - 9/14/98 Consideration of acce tin relocation project. (J.O.) sewer As you recall, at the last meeting of the Cit Council, Council acted to table award of the contract due to the high cost of the souther! alignment. After additional discussion with the City Engineer, the contractor, and Burli gton Northern, it has been determined that it is possible for the City to extend the trunk anitary sewer along the northern boundary at a considerable savings. This savings presu es that the spur will not be disturbed by the construction. It is now estimated that the c st to extend the trunk sanitary sewer along the northern boundary and extend water se ice will amount to $220,000 (includes engineering costs). This is $36,000 above he community center budget. Fortunately, the cost of the land is less than expected, whic offsets this additional cost in utility expense. Under the proposed northern alignment, th City will extend sanitary sewer on the property line with the goal of constructing 't in a fashion that will allow the railroad spur to remain intact. The budget also calls the otential need to complete the project in two parts; the first part will be extending the s itary sewer line all the way to the location of the existing storage shed. The second porti n of the project will extend the line from the end point to the line at 5 Y:z Street at such ti e that the storage shed and bulk tanks have been removed from the site. It is possible, owever, to complete the trunk sanitary sewer as a single project if we are able to success ully negotiate with Bill Aydt on the removal of the storage shed. If Bill Aydt does not ant to remove the storage shed prior to completion of the project, then the City wil simply wait until the condemnation process is complete and then use its authority to re ove the shed. The primary goal is to work with Aydt to help him remove the shed and obtain storage at another location. We are working with Aydt on a plan for the shed a the moment; there is no information at this time on the results of the negotiations. Moving the line to the north requires that e building be moved 10ft toward 6th Street. Moving the building this way results in a sorter setback on 6th Street and compresses the size of the wheelpark and patio area; ho ever, although this is not ideal, it has not significantly compromised the site plan. P king lot designs have not been affected by the shift in the building. It is important to rder the project at this time ifthe community center time line is to be maintained. The 0 ly drawback to the northern route is approval ofthe plan by Burlington Northern. Bret eiss is confident that he can obtain Burlington Northern approval of this route in a timely ashion. B. ALTERNATIVE ACTIONS: 1. Motion to award the contract and a thorize a change order enabling the realignment ofthe sanitary sewer Ii e from the southerly alignment to the northerly alignment at a projected c st of$184,349. =<_S . Council Agenda - 9/14/98 Authorize a change in alignment t the southerly route in the event Burlington Northern rejects the plan and refus s right of entry. Under this alternative, the City wil be able to complete the sanitary sewer line in sufficient time necessary to prepar the site for construction of the community center beginning in early Novemb r. The November building start date goal is very important because it will allo winter construction and a fall 1999 opening. We are concerned that spring/sum er construction will drive up the price and will not allow a November 1999 openi g, which is critical to the sale of memberships. The drawback to moving the sewe line before awarding bids on the community center is that the sewer may have b en moved unnecessarily if the community center project doesn't go forward a planned. 2. Motion to table plans or select the outherlyalignment. It does not appear to make sense at this time to select th southerly alignment due to cost. Although much of the cost is related to road ay improvements that are needed, such improvements are likely to result i done as a separate coordinated street project. this is the fallback alignment in the event Burlington Northern does not approve the plans. . C. STAFF RECOMMENDATION: It is the recommendation to select the nort erly alignment and to move forward with the project at this time. In keeping with the ti e line, it is recommended that the project be awarded prior to bid opening on the facilit . Time lines for winter construction of the building require that work begins on the fo ndation in early November. Delaying the pipe work will move foundation developm nt back. Also, the window for accepting the sanitary sewer bid will expire before the bi award date on the community center. D. SUPPORTING DATA: Information from the City Engineer. . ~ ! - Sep-~0-9a ~5:20 wWSB St Cloud . . . 320-252-3100 P.02 A. wsa ........ & Associates, Inc. 606 25 th AVe. S. Suite 101 St. Cloud, M 56301 320-252-4 00 FAX 252.3100 B.A. Mille:!SII'!;\dl, P.E. Br~1 A. W~iss. r~r.. Peter R" Willclloril1K' Pc. UI)lHlhJ W. Sterna. fE. Ronald H. Bray. I~E. September 10, 1998 Mr. Jeff O'Neill Deputy Administrator City of Monticello RE: Community Center Sanitary Sewer Re lacemant Options Dear Jeff, WSB & Associates, Inc. has received and r viewed the Change Order cost's provided by Barbarossa & Son's, Inc. The ost of the project as revised by the change order realigning the Sanitary Sewe to the north side of the building is $183,162.20. Additional to this amount will be an additional $2625.00 to place and compact the granular material stock pil d on-site. The cost of this material already incurred by the City Is $6,562. The Change Order presented to Barbarossa includes approximately $8,000. 0 worth of watermaln construction to provide a water service line to the Commun ty Center that was not included in the original bid. The original bid of $310.201.78 included a proximately $73,000.00 to repair or replace portions of 6th Street and Walnut Av nue. The remaining $237.201.78 is attributable to the cost of constructing the s uth sanitary sewer alternative. The direct cost comparison for the initial sa itary sewer construction and related items is; South Sanitary Sewer Alignment ~ $237,20 .78 North Sanitary Sewer Alignment = $184.34 .50 The North route provides initial savings of a proximately $52.800. It should be noted that any repair or replace ent cost associated with the north alignment will require sheet piling along the uilding and possibly along the existing railroad spur line, substantially incre sing the cost of repair or replacement. Mi1J1Jcapalis · St. Clautl Infrastructure Engin :s Planneri' EQIJ^1. OPPORTUNITy E,MPLQYEI( 13~1 Sep-~O-9a ~S:20 *WSB St Cloud 320-2S2-3~OO . If you have any questions regarding the c st comparison of the two proposed alternatives, please call me. Sincerely, WSB & Associates. Inc. ~, Michael J. Nielson, P.E. st. Cloud Office Manager . . P~03 13-,~ .TRUNK SANITARY SEWER RELOCATIO North Route ANAL YSIS . .. .. . .. ... . ...... .... . . . . .. .. . .... . . . .. . .. ... . . . . . . .. .. ~M oil operation impact. Disrupts JM truck fueling 0 eration. Requires shed removal ea lier than previously anticipated. Storage shed and retail fuel operation may continue through March as was originally represented to JM Oil. Road impacts. Convenience .. . .... . StaffReco~:mendation South Route - ex ore method for assessing a portion of recon, _U'"" L"cost to Same ...-/ . . . 14. ecifications and auth advertisement A. REFERENCE AN BACKGRO D: Council Agenda - 9/14/98 City Council is asked to consider approval of plans and specifications and authorize advertisement for bids. The plans are cons'stent with the concept plans previously reviewed and approved by the City Counci. The project remains on budget according to the most recent cost estimates. The lIesign Advisory Team reviewed the Ian and found it to be acceptable and consistent with the goal of the Redevelop ent Plan for Walnut Street and with the guidelines for the CC. .istrict. The fire epartment has reviewed the site plan, and the Fire Chief has indicated that the plan as pr pared mitigates the impact of the community center on the fire hall operation as much as possible. Mark Wentzell of Ankeny Kell Architects ill be available to review any design detail discussed. Please note all civil engineerin and utility drawings will need to be reviewed by the Public Works Director. Approvalo the plans, therefore, is contingent on review by the City Engineer and Public Works Di ector. B. ALTERNATIVE ACTIONS: 1. '1/1/ ) Meti.n te a~l'rove plans and speci cations and authorize advertisement for bids. Under this alternative, the plans wil be available for review by bidder starting .ct.ber 1, with a bid opening date f.ctober 20. 2. M.ti.n t. table or deny appn.val 0 Waiting for approval until Septemb r 28 will not allow us to meet notice requirements to bidders for the Oct ber 20 bid opening. C. STAFF RECOMMENDATION: Plans presented today represent a culminati n of a huge effort by the architect and all the individuals that contributed toward design fthis facility. Plans are at a level of completion that justify consideration for ap roval and authorization to advertise for bids is appropriate at this time. Time has been s t aside prior to October 1 for review of final touches on the plans immediately prior to i suance of plans to bidders. D. SUPPORTING DATA: Copy of plans will be available for review t the Council meeting. 7 . KEY DATES - MONTICELLO COMMUNI. Y AND TRAINING CENTER September 14 September 14 September 14 . September 14 September 14 Septem ber 14 September l4 September 15 September 18 September 24 October 1st October 7 October 20 October 22 October 26 October 26 October 26 October 26 October 26 October 26 October 29 October 30 November 1 November 1 November 1 November 2 November 9 . Review the final p ans with the Task Force - 6:00 Council Approves Plans for Community Center - Authorizes advertisement for ids. Council awards Fi e Hall driveway project (missed - move to September 28). Council/City Hall/ imsmo purchase agreement approved. Council buys BN 1 d - Purchase agreement approved. Council adopts agr ement with National Guard. Council awards s itary sewer relocation project. Trunk sanitary sew r relocation project starts Second condemnat on hearing Notice/advertisem nt for bids published Issue project for Hi ding - Drawings and specs available. Quick take period xpires based on July 6 filing. Bid opening at 2:0 PM. Report prepared fo City Council. Council action on ids. Youth Initiative Or t Request approved by Council Soil correction gr t approval by Council Council action to v cate Rights of Way. Council requests H to begin Financing process. Council calls for p blic hearing on vacation of Right of Way Contracts A warded Youth initiative gr t due. Petro Fund soils co ection grant due. Trunk Sanitary sew r relocation complete. Fire hall driveway i provements complete. Ground Breaking. HRA Action on Bo ds/ Council approval of Lease. /4/\ . 15. .~ ~ Council Agenda - 9/14/98 A. REFERENCE AND BA As the community center project started t evolve, the decision was made by the Council to look at including a new city hall as part ofthe community center project. This was decided after negotiations broke off on the possible purchase of the Marquette Bank building as a new city hall site. The decis on to include the city hall as part of the new community center opened the door for the potential sale of city hall to a private concern or to find other government uses for the fa ility. As you may recall, Arve Grimsmo made offer last summer for the purchase for city hall and all the property owned by the Cit in the same block for a purchase price of $400,000. Council then authorized stafft obtain an appraisal for the city hall site in order to determine what may be an approp iate offer. An appraisal was obtained from RA Fields & Associates that indicated the estimated market value of the city hall site at $595,000. With Mr. Grimsmo's original ffer being substantially less than the appraised value, further negotiations slowed down ding the past year and have recently been reinstated now that we are nearing the dec sion-making time on commencing construction of a new city hall. Because Mr. Grimsmo's offer was subst tially less then the market value indicated by the City's appraisal, they have suggested at the potential buyer obtain another appraisal that could be used by the City to continue egotiations. A second appraisal was recently completed by Mr. Grimsmo's representati e, and the estimated market value places the value of the city hall property at $360,000 versus the $595,000 in the City's appraisal. As you can see, there is a substantial differen e of opinion what the value of city hall could be. In comparing the two appraisals, they indicate a very close estimation of market value when utilizing the cost approach wh ch estimates the value of the land based on comparable sales in the area and estimates the value ofthe structure based on replacement costs after considering age and depreciati n. Both appraisals indicate the land value at about $200,000 to $214,000 and the repla ement building cost value at $414,000 to $475,000 for a total value $625,000 to $6 5,000. Where the big difference between the appraisals comes in to play is when the esimated market values are approached under a comparable sales approach method. The ity's appraiser used three comps in the area for determining the value consisting of an office building in Monticello and two bank buildings in Albertville and Ramsey to co e up with an average square foot value of over $100 per square foot to arrive at the $595, 00 figure. The second appraisal used five comp sales from Elk River, Eagan, Rosev.lle and Coon Rapids that consisted of a vacant court house property, a vacant elementary school, a vacant telephone equipment building and two office buildings for arriving at an estimated value of approximately $30 per square foot versus the City's appraiser val e of over $100 per square foot. The result is 7ff Council Agenda - 9/14/98 . that the estimated value under the sales co p approach would place the value of the city hall property at only $285,000 versus $595 000. In the final opinion ofthe appraiser, the estimated market value of $360,000 was ived at by indicating a value of $200,000 for the land and only $160,000 for the actual b ilding structure. This brings the Council up to date on the t 0 appraisals we have on this property and brings us to the offer you have before you or consideration. A proposal submitted by Arve and Jean Grimsmo is to purchase the ity hall property and the additional lots owned by the City adjacent to the city hall arking lot for a total price of $450,000. This is somewhat of a compromise between the wo appraisals, Terms and conditions of a potential sale were previously negotiated 'th Mr, Grimsmo and Brad Larson, Mr. Grimsmo's attorney, that indicate the c osing on a sale would not occur until January 1,2000, to allow the City ample ti e to relocate to a new facility. The purchase agreement would give the buyer the right t begin some site improvements prior to the actual closing as long as they do not interfi e with city government operations. It should be noted that if a purchase agreement is ac epted, we would have to make it contingent on a community center project being com enced, This is not noted in the current purchase agreement enclosed with the agen a but was discussed with the buyer, and as long as the time frame is reasonable, this s ould not be a problem, . With the relocation of city hall, the questio becomes are there other government uses for the city hall property that need to be analyz d before a sale is considered? Proposals for utilizing this building for other purposes ha e been discussed, and the staff is not aware of any immediate need by the City with the senior citizens being included in the new community center and the City continuing 0 contract for police services. It's not to say that other government uses won't be neede in the future, it's just that the staff is not aware of any at this time. Although the pu lic library will likely need to be expanded in the future, the size of the city hall building s not much larger than the present public library, although the city hall may need feer repairs then our estimate at the library. . Assuming the sale of the city hall property s the best option, the Council needs to decide whether the offer presented is adequate or hether further negotiations are needed. As I noted earlier, the purchase agreement prop sal includes all the City property in this block, which includes the additional land the City urchased 8 years ago for future expansion purposes. One item discussed with Mr. Gri smo was that the City may want to keep the additional lots and garage structure that is c rrently used to house the building inspection vehicles separate from the sale of the city h 11. The City acquired these properties for $50,000 plus the cost of demolition of the use and the properties would have commercial value as a building site for offi e space or other B4 commercial uses. While the need to sell city hall is not actually not ecessary until next fall, Mr. Grimsmo would like to know whether a deal can be arrived t as soon as possible so that he can get on with making decisions regarding relocation of his mortuary business. If a purchase agreement is not worked out with Mr. Grim mo, the City's other options would likely include listing the property with a commerc'al real estate broker and/or advertising the property for sale or keeping the property fo other public uses in the future. . " ;1 . \ Ii: , \ \"i I ,j y(\ ,c;\.;\() (I) '1 '-/ j q ~O<' ~ !,\,,,,~ D ,{)'l~ I "1' U , ,," './ ~ C/ . .41 ../ B. ALTERNATIVE ACTIONS: Council Agenda - 9/14/98 Provided a contingency is added lowing the City to cancel the agreement if the community center facility is not b ilt, the Council could accept the purchase offer as proposed for $450,000 which in ludes all land owned by the City in this block. D. SUPPORTING DATA: Council could reject the purchase greement as presented and propose a counter offer for the sale of city hall with d without the additional garage structure and lots along 3rd Street. 2. 3. Council could decide to keep city all for other government uses in the future. C. STAFF RECOMMENDATION: It is difficult for the staff to make a firm re ommendation on the sale price being offered due to the wide variation in appraised valu s we have received. On one hand, there may be a limited market when trying to sell the ity hall facility, although we have not actively marketed the property through a real estate agent or other means in the last year. The additional property owned by the City adja ent to the city hall parking lot definately has commercial value and is currently housing he building inspections department vehicles, and it is likely that the City will need to ex end funds in the future to acquire additional land or build additional storage facilities if e want to keep housing these vehicles indoors. As a reference, if one was to split he difference between the two appraisals, this would amount to a value of approximately 477,500. The staff has not had any serious negotiations with Mr. Grimsmo or his repre entative on establishing a value, and the purchase offer being proposed is simply tha, Mr. Grimsmo's offer. Possibly room exists for continuing negotiations if the C.uncil d sired, but this is a decision the Council needs to make. If anyone would like to review either of the ppraisals, copies will be available at city hall. I. Copy of purchase agreement proposal; Exist'ng site layout. ;J.0-- . . . THIS AGREEMENT is made as of Au ust~, 1998, by Arve A. Grimsmo and Jean A. Grimsmo, husband and wife, (Buyers) d the City of Monticello, a municipal corporation (Seller). Seller is the fee owner of certain real pro erty situated in Wright County, Minnesota, legally described on attached Exhib t A (Land), and all easements and rights benefitting or appurtenant to the Land (collecti ely the Property). Buyers desire to purchase the Property d Seller desires to sell the Property pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration fthe foregoing and other good and valuable consideration, the receipt and sufficien y of which is hereby acknowledged. Seller agrees to sell the Property and Buyers agr e to purchase the Property, upon the following conditions: 1. Purchase Price. The purchase pri e to be paid by Buyers (Purchase Price) shall be $450,000.00. 2. Payment of the Purchase Price. T e Purchase Price, subject to those adjustments, prorations and credits described in his Agreement, shall be paid in cash or certified funds at closing. 3. Closing. The closing of the transa tion contemplated by this Agreement (Closing) shall take place on or after January 1, 000. The Closing shall take place at a location reasonably determined by Buyers. 4. Real Estate Taxes and S ecial Ass ssments. At Closing, the Purchase Price shall be adjusted as follows: 4.1 Current Year's Taxes. All r al property taxes and assessments (general or special) which have become a ien on the Property and which are due and payable 'prior to the year in which CI sing occurs, shall be paid by Seller at or prior to Closing. All real property taxes hich are due and payable in the year in which Closing occurs, shall be prorated to the Closing Date and Seller's portion shall be paid by Seller at Closing. l5~\ . . . 4.2 Assessments. All charges fI r improvements or services already made to or which benefit the Property, an all levied and pending assessments (general or special) arising out of or in co ection with any assessment district created or confirmed prior to the Closing ate shall be paid in full by Seller at Closing. 5. Examination of Title. Seller shall fi rnish to Buyers an Abstract of Title for the Property between March 1, 1999 and Mar h 31, 1999, certified to a current date, to include proper searches covering special asses ments, bankruptcies, state and federal judgments and liens. Buyers shall be allowed tw nty (20) days after receipt thereof for examination of said title and the making of any 0 0ections, said objections to be made in writing or deemed to be waived. Objections may be made by an attomey's opinion of title or by a conunitment for title insurance, at the option of Buyers. If any objections are so made, Seller shall be allowed sixty (60) days Dom the date of receipt of said objections to make such title marketable. Pendin correction of title, the Closing shall be postponed but upon correction of title and within en (10) days after written notice, the parties shall complete this transaction according t its terms. If title is not marketable and is not made s within sixty (60) days, Buyers may tenninate this Agreement and all Eamest Money s Iall be refunded to Buyers and Buyers shall execute and deliver to Seller a quit claim de d for the Property. If title to the Property shall be made marketable and Buyers sh I fail to close this transaction pursuant to this Agreement, then and in that case all Eames Money shall be released to Seller as liquidated damages, time being of the essence the eof. 6. Conve ances and Closin Docume ts. Seller agrees to convey title to the Property at Closing by a Warranty Deed, in re ordable foml, conveying to Buyers a marketable interest to the Property subject only to the foliowing exceptions: 6.1 Laws. Building and zoning I ws and ordinances, state and federal regulations. 6.2 Easements of Record. Easem nts, restrictions and reservations of record as of the date of this Agreement that do not contain forfeiture provision. 6.3 Mineral Rig}ltS. Reservations of any minerals or mineral rights to the State of Minnesota. 6.4 Taxes and S ecial Assessmen s. All real estate taxes and special assessments not specifically to be paid by SlIer pursuant to this Agreement. 2 \6"~ . . . Sellers shall also present and tender on the Closi g Date (a) all documents necessary to cure objections to title, if any, and the necessary ecording fees therefor, (b) a seller's affidavit in customary Minnesota form, and ( c) s ch other documents and things Buyers may reasonably request to convey the Property to Buyers as contemplated by this Agreement 7. Contingency. Except waived by Byers in writing, Buyers' obligation to purchase, the Property shall be subject to: (a) peronnance of Seller's obligations hereunder; and (b) the continued accuracy of Sell r's representations and warranties set forth in Section 9 of this Agreement. 8. Inspection. From and after the date of this Agreement, Buyers and Buyers' representatives, at Buyers' sole cost and expense, shall have the right to enter upon the Property for the purpose of viewing the Property, conducting tests and making such other physical inspections as Buyers deem appropriate. Buyers hereby agree to hold Seller harmless from any and all liabilities of whatever ature arising out of Buyers' presence on the Property prior to the Closing Date. Seller hall provide at its cost an environmental audit or audits and remediate, as n cessary, at its cost. 9.3 Sewer and Water. sewer and water. 9. Seller's Re resentations and WaIT ties. Seller represents and warrants to Buyers as follows: 9.1 Tanks. Seller to the best of i s knowledge does not know of any underground or above ground storage tank now located on the Property, or previously located on the Property. 9.2 Wells. Seller does not kno of any'wells on the Property. is connected to and serviced by city 9.4 Access. Sellers warrant that here is a right of access to the Land from a public right of way. 9.5 EnvirOlilllent Seller does no know of any hazardous substances or petroleum products having been placed, sto ed or released form or on the Property by any person in violation of any law. The obligation of Buyers to purchas the Property and to perform the other 3 \~~~ . . . covenants and obligations to be performed by Byers shall be subject to the representations and warranties made by Seller bing true and correct on the Closing Date with the same force and effect as though such r presentations and warranties had been made on and as of such date. Seller hereby ind mnify and hold Buyers hannless from and against any and all liabilities, damages, cost, expenses (including attomeys' fees), causes of action, sui ts, claims, demands or jud lents of any nature whatsoever or whensoever arising from the inaccuracy of Selle's representations and warranties set forth in this section. 10. Possession. Seller shall deliver po session of the Property to Buyers on the date of closing. Seller shall remove all debris d personal property not included in tIus sale from the Property prior to this possession d te. All interest, utilities and rents shall be prorated between Seller and Buyers as of the ossession date. Upon thirty (30) days written notice Seller may extend the closing date but in no event shall closing date occur prior to January 1, 2000. 11. Risk of Loss. Between the date 0 tIus Agreement and the Closing date, the risk of ownership and loss of the Property sh I belong solely to Seller. 12. Notices. Any notices, elections p ment or demand, permitted or required to be given or made pursuant to this Agreement s all be delivered personally or mailed by United States certified or registered mail, with re m receipt requested, to the parties, as follows: If to Buyers: Arve A. and Jean A. Grimsmo P.O. Bo 815 Montie llo, MN 55362 If to Seller: City of onticello 250 Eas Broadway Montice 10, MN 55362-0245 Attn: Je f O'Neill Any party may change its address Ii r the service of notice by giving written notice of any such change to the other par in the manner as specified above. 13. Miscellaneous. 13.1 Successors and Assigns. The terms, conditions and covenants hereof shall extend to, be binding upon and inure t the benefit of the heirs, 4 \ 5"~ . . representatives, successors and assigns f the parties to this Agreement. 13.2 Survival of Covenants. Al agreements herein contained shall survive the Closing and shall bind the p' ies subsequent to the Closing as fully as ifnew agreements were entered 'nto at Closing, any rule oflaw to the contrary notwithstanding. 13.3 Entire Agreement. The p 'es acknowledge that this Agreement represents the full and complete agreeme t of the parties relating to the purchase and sale of the Property and all matters r lated to the purchase and sale of the Property. This Agreement supersedes an replaces any prior agreements, representations or warranties, either oral r written, and any amendments or modifications to tIus Agreement must be n writing and executed by both parties to be effective. All comnlitments , prontise and agreements of the parties hereto are set forth in this Agreement and the doc ents related thereto, and no other commitments, prontises documents relate thereto, and no other commitments, prontises or agreements, oral or written, of any of the parties hereto shall be enforceable against such other party. . 13.4 Govenung Law. Tlus Agre ment is being executed and is intended to be performed in the Sate of Minnesota d shall be construed and enforced in accordance with the laws of the State of nnesota. 13.5 Time. Time is of the essenc of all provisions of this Agreement. 13.6 Personal Property. Seller sh I by February 1, 1999, deliver to Buyers a list of personalty and cabinetry t be removed by Seller prior to closing. 13.7 Buvers'Improvements. Mt r June 1,1999 Buyers shall have the right to COmmence construction of extern improvements to the property. Buyers shall post such insurances and guarantees s may be reasonably necessary to protect Seller frOlll any liability for such i provements and keep the property free of the filing of Mechanic's Liens. The p 'es shall execute a "Waiver of TrespasslRight of Entry Agreement" relati e to said improvements. 13.8 Historical Utility Cost. Wit 'n thirty (30) days of execution of this Agreement Seller shall provide Buyers wit the past two (2) years utility costs associated with operating the building. . 5 ,6~6 . . . IN AGREEMENT, the parties h ve executed this Purchase Agreement as of the day and year first above written. Dated Executed: <j? ~'//7? , , Date Executed: ,~ F MONTICELLO By: By: . ck Wolsteller I s: City Administrator 6 \fJ"". . . . EXHIBIT A LEGAL.DESCRIPTION Lots 2 and J, of Block 0, except qhe'~ester y 10 feet of Lot 2, To~n of Montlce) la, accordIng to plat on file and of ~ecord In he Office of the Register of Deeds In and Cor said Wright County, H~nnesota. Lots 4 and 5 of Block 0 of the TOll'llsite of by John O. Haven of rec., exc. ihe SW-1y 7 descrIbed as fo11o~a: Conmenclog at tha m thence W-ly elong the N-1y line of Third S to the W-ly lIne of said Lot 4; thence NE~ Lot 4, 75 ft.; thence E~ly 00 a 110e par. Street In said Village to tha E-1y line of said E-ly llne ol uld Lot 5, 75 ft. to po Monticello, according to plat ft. thereof, Illore particularly It S-ly cor. of said Lot 5; reet In said Village, IJ2 ft. y along the W-1y line of said o tha S-ly 110e of Broadway said Lot 5; thence SW-ly 1l1ong nt of beginning. Lot Six (6) and, the East one-half (I'..-!-) of Lot Seven (7), Block D, in the Townsite of Montice 10, according to the plat of record. West one-half (1'Ii) of Lot Seven (7), Lot Eight (8), and the Easterly 10.5 feet of Lot Nine (9), all in Block 0, Townsite of Monticello, ccording to the pia t 0 f reco rd. Lot 10 and West 22 1/2 feet of Lot 9, Bock 0, in' ,the Townsite of Monticello, according to the plat of record. Lot !::leven (11), and the East Olle Jial! (i:~) of Lot TwClve (l::~. ~~OCI: "0" Townsite of l.lonticello, according to the plat on file an ~ rec~rd In the Office of the Register of Deeds. in and for saId ountv and State. · ,':1 <\ . . .. . 3 --:;; ~. """i DESCRIPTIONS SITE DESCRIPTION PLAT MA ~ "'~. .... ..... '. , Ii .\~ RATING. Inc. 44 ",.. '."""'Il'""i.....,., ., _, "...~ _. . _ . . . . 16. Council Agenda - 9/14/98 A. John Chadwick requests Council considera ion of the "River Forest" (formerly The Forest) plat, which has been slightly modi ed through removal of a portion of River Mill 4th land area. In removing this small area, a cul-de-sac is eliminated, but two flag lots at River Mill 4th result. This River Mill area as removed by Chadwick because he was able to gain an additional lot with the redes gn and because he was not sure that he would be able to successfully deal with Murray tough the platting and development of the property. Although the original design is p eferred, the Planning Commission did not feel it was necessary to compel Chadwick t work with Murray to include the lots from River Mill 4th owned by Rick Murray. Ac ording to the record, Murray realized that coordinating development with the propert owner to the east might not occur and he could end up with an outlot without full ro d access. Murray will likely go before the Planning Commission in the near future wi a separate request to develop two flag lots. B. ALTERNATIVE ACTIONS: 1. Motion to recommend approval of e revised preliminary plat and final plat of River Forest. Approval is subject t conditions under original Exhibit Z. 2. Motion to deny approval of revised preliminary plat and final plat of River Forest. 3. Motion to deny approval of the plat and require Chadwick and Murray to combine parcels, or require that Chadwick dify the plat in a fashion allowing public road access to the site. C. STAFF RECOMMENDATION: Staff recommends alternative #1; however, Council should be aware that it is now likely that Murray will apply for subdivision of t e remaining outlot in a fashion that will require variances and/or establishment of a PUD served by a private drive. D. SUPPORTING DATA: Exhibit A - Copy of Preliminary Plat Exhibit B - Area Removed from Original P eliminary Plat Exhibit Z - Planning Commission Conditio s for Preliminary Plat Approval Conditions of Approval for River Mill Pha e IV Developer Agreement Letter from Richard Bloom ..S? . . . / ---/ RIVER RIDGE LANE ~. . ',; , . . '.\ . " I . ~' . , "\"'" , . -/ --', ~iU, Wt..11 1/\i'W ~ (~'/P(""l,. '"l<~t >_ , r ': 51,6'/ 6B.05 "r ~I '!? \ L I' [:::1 '-I .. n CO <Xi '" '" N87"26'17"E 241,\1 :-'-' o ", '" n b (f) o '" ~ OUTLOT , , .~ S90.00'00"W 629.0" Jl. "-All , \ River Forest John Chadwick, Dev. N90.00'00"[ 256,00 278.72 ) , 0' ~c "" "'~ I :g 272.25 5 I ,~,~' ,', '.' ... o ... ,^- ': ,~, \~. w 'g; '" '" b (f) ... .... ~ , / S90.00'00"( 272.25 S90.00'00"[ 242,00 )"" ","" of" ."" 0,,, "". -0 (f) 1t,I~J EXHIBIT A UUIc:J u!JUU!UJU, UU!lJUJ\j ~~:: 13.' ~ ~-. 'rI a:: H It' u..jJ W ~i! l J t!Ll!LI;,J I~ 1 ..- t( ~'I 1II&_lI_' ..~\'!IINI\..w_,..r~!I.III.I.II"") ~ i J ... iU, '" :Iii :a ~~ :J .. !; Ci I ,~ it to ptl i U ii .. .p I ~ ! '" lif~ I ~ 'e i 1 ! ~~ !;!lil~ ~ "-"- _ ~ 1 .i . " ~ t! '~ 'C ~ ill t i: ~ ... ... ....ll '.. .... -- .... '" ...... ~ J" I .= til I I I II i i I! i !il~ ll.1. ",' P'll/ 'I.(C'I "I'" . r' 91.. E: II :! Ill' ' ~I !l ii I ji'l .!l ' ~ \ I :: , Ii i,' II! 'l.t I a 'III lill'ill ~ !' " '~' ! !" I Ii II, 'I" ",I "3 e .'.'1 I, ",-II , ~ t ~ , Q 'I'JI" 111'1 I i I! ~ll Hlll'i!! l!_ f~ ' ~ 11'11 "ii!hii I, 1 ~! .1 ... ,! ,. "II'a ' PH~~.I ,. ,,'" "'1';" "I" ~I A!~_l~! ~ fl. '. I' " 1 E Itll' III ;1,11, ~!" ~ Iii; I 'j'I" ::\1: g HIUul l'i 11'i1I!II-i" :;1'1 ~ ~I ~I ~ lil~!!U! ~ i, ::: J! v :i- I ~H:l l ~ i >;; ~ ;,..1 I ~ !i · -1 e I ill ~ ( !:; l .. , , E , , " . : u I!.. . 3~ i ~ji B~ I, ih Eij II:! '\ ,"D I,ll: I P !i!' !:l it " :; II ;.{l~ !fI. " ,,, ,... . ., . " .. . " ", - I - j~ 'r " I " I , 'j I " 0, \ iI, ~ :: !, " ~ ._ '4 ~! :~ i ., ." I ~! ," .)1 ....... .Ii- .~ .; ~ . :.<Q..;. ..... () ..~ .' '.)' >.. ,- - ' " ~... "'I -< - - ~ -",;";'~;":~~"~ ...,' ..~ . , ."t. EXHIBIT B ./11 ,.~ . . . PLANNING COMMIS ION CONDITIONS FOR PRELIMINARY PLAT APPROVAL River Forest reside tial subdivision 1. Lots that are located on a curve have the w dth of the lot labeled at the building setback line and the width is at least 80 feet. 2. Proposed streets are named. 3. One street access is provided connecting th spine road to Gillard A venue. Outlot A shall provide a paved trail access only from For st Circle to Gillard Avenue. 4. The offset intersection is eliminated. 5. A trail is provided along the side property I ne of Lot 6 connecting the spine road with the River Mill Park. 6. The front yard setback is 30 feet. EXHIBIT Z -2.. III" .", . . . 4. Council Minutes - 5/11/98 Submission of lot covenant and homeowners association bylaws demonstrating adequate provisions for COItnnon area maintenance. 5. Final approval of the planne unit development. 1 n ml Residential Development. Inc. Rec mmendation: Approve the preliminary and final plat of River Mill 4th Addition based upon the fmding that the project is consistent with applicable subdivisi n and zoning ordinance requirements, subject to the following conditions: 1. The existing design of Mill rail Lane/Mill Trail Drive as platted by River Mill 3rd Addition be mainta ed. The extension of Mill Trail Lane as platted by River Mill 4th A dition shall intersect the existing street design at a 90-degree angle, subjec to review and approval of the City Engineer. ~0 Proposed preliminary plat, ots 13-17, Block 2, shall be designated as Outlot B, River Mi114th Ad ition, subject to [mal platting at such time as the adjacent property to the east is platted to provide the remainder of any street right-of-way. The Ci y does not guarantee any such platting, nor does the City guarantee the levelopment of any of Outlot B. 3. The City Council accept Ou lot A, River Mill 4th Addition, as adding to previous park dedication. 4. The preliminary grading, dr inage, erosion, and utility plans are subject to review and approval of the ity Engineer. 5. The City Engineer recomme d and approve the need and location of easements to be included on the final plat. 6. The applicant enter into the tandard development contract and disbursement agreement wit the City. A MOTION WAS MADE BY BRUCE THIEL N AND SECONDED BY CLINT HERBST TO APPROVE ITEMS SA, 5B, 50, 50, 5H, 51, A 0 5J OF THE CONSENT AOENDA AS RECOMMENDED. Motion carried unanim usly. 6. sc. Public Works Director John Simola reported that the contract for the Wastewater Treatment Plant expansion required that two SBR tanks be operational by February 1,1998; however, actual peration of the SBR tanks occurred on Page 5 lIP -,tf . . . DEVELOPER'S GREEMENT THIS AGREEMENT, made and entered int this _day, _1998, by and between the CITY OF MONTICELLO, a municipal corpor ion organized under the laws of the state of Minnesota (the "City"), and 1. Edwin Chadwick, L C, a Minnesota corporation (the " Developer"). S: WHEREAS, Developer has requested that ity grant final approval to a plat to be known as River Forest (the "Subdivision"), said land legal y described as set forth in Exhibit A attached hereto and made a part hereof ("Property") which Subdivision shall consist of 26 single family lots and 1 outlots; and WHEREAS, Developer intends to construct install, provide for, and maintain streets, storm sewer, water main, signs, grading, and draina e activities in accordance with the plans and specifications as hereinafter described, all at the sol cost and expense of Developer; and WHEREAS, the City has by resolution ado ted on the , granted final approval to the Subdivision provided that the Deve oper enter into the within Agreement and that Developer faithfully perform the terms and conditi ns contained herein. NOW, THEREFORE, in consideration oft premises and the mutual promises and conditions hereinafter contained, it is hereby agree as follows: 1. Plat Approval. The City agrees to approve t e Subdivision as requested by Developer on the terms and conditions as hereafter set fo . The Developer agrees that the Subdivision shall be developed in accordance with the e ibits attached hereto which are hereby incorporated by reference as if fully set fo herein. The exhibits are: Exhibit B -- Final Plat Prior to the date of filing the plat and protec ive covenants, Developer must pay to City any and all outstanding expenses incurred b City for plat and other development purposes including, but not limited to, engin ering, legal, and other professional staff fees. The final plat and protective covenants must be approved and executed in accordance with City and County ordinances and filed i the office of the Wright County Recorder at Developer's expense no later than December 31, 1998. Page 1 1f.4 .;5 . . . Failure to file the final plat and protective c venants by this date shall render this Agreement null and void in its entirety. 2. Representations of Developer. As inducem nt to the City's approval of the Subdivision and entering into this Agreement, the Deve oper hereby represents and warrants to the City: A. That the Developer is the fee owner of the Property and has authority to enter into this Agreement. B. That the intended use of the propert is for single family residential development. C. That the Subdivision complies with 11 city, county, state, and federal laws and regulations including, but not limite to, City subdivision ordinances and zoning ordinances. D. That to the best of Developer's kno ledge, the Subdivision does not require an Environmental Assessment W orksh et or an Environmental Impact Statement, but shall prepare the same if required to do so by City or other governmental entity pursuant to law and shall reimburse ity for all expenses incurred by City in connection with the preparation oft e review, including staff time and attorneys fees. 3. Developer Improvements. The Developer a rees it shall construct, install, and maintain certain public improvements ("Developer I provements") on the Property, at Developer's sole cost and expense, in accordance with t e following exhibits: Exhibit C -- Building and Site Des gn Plan Exhibit D -- Construction Plan Developer agrees the Developer Improvem ts shall be performed in accordance with the plans, specifications, and preliminary engin ering reports approved or to be approved by the City Engineer and the City prior to co encement of construction and thereafter, in accordance with aU. City rules, regulations, rdinances, and the requirements of this Agreement, which shall include, but not be imited to, the following: 1. Street grading, graveling, surfacing, d stabilizing which shall include curbs, gutter and driveway approaches. 3. 2. Storm sewers, including all necess catch basins, and appurtenances. Water main, including all appurten Page 2 l(g-~ . . . 4. Sanitary sewer, including all appurt nances. 5. Setting of lot and block monuments. 6. Surveying and staking. 7. Site grading, berming, and landscap'ng consistent with landscape and the City Erosion Control Policy Residential ots regulation. 8. Establishment of post office cluster ox stands with groups of six or more in the single family residential area. 9. The City shall install street name sig s, stop signs, and other traffic control signs at all locations deemed necessary by City, at Developer's cost and expense. 10. Pathway grading and paving as desc ibed on approved plans identified in Section 21 of this agreement. 4. Permits. Upon execution of this Agreement Developer and other necessary parties shall promptly apply for all permits, approvals, Ii enses, or other documents from any and all necessary governmental agencies (which m y include the City, Wright County, PCA and DNR) so as to enable Developer to construe the Developer Improvements as herein contemplated. Developer shall use its best e forts to obtain the same as soon as reasonably possible. Developer acknowledges and agrees that a p r acre trunk water main ($625 per acre), sanitary sewer fee ($1250 per acre) ,and sto sewer fee ($4502 per acre) shall be incorporated into an assessment roll for the ubdivision based on today's costs. The total amounts for the first phase for trunk water is $7,171; for sanitary sewer is $14,352; for storm sewer is $33,292 (includes credits); m ing a total of$54,815, which Developer agrees is fair and reasonable. These amount were derived from taking the total acreage of Phase I, multiplying that by acreage char e, and subtracting the credits. The assessment amounts for the subsequent hase trunk fees shall be incorporated into the assessment role at the time of final platti g and shall be adjusted based on changes in costs as defined by the construction cost ind x. No grading or building permit shall be issue by City unless the plans or application are in conformity with the City comprehensive lan, this Agreement, and all local, state and federal regulations. The City shall, within fi een (15) days of receipt of plans or building Page 3 Ii, -' 7 . . . per applications, review such submittal to d termine whether the foregoing requirements have been met. If the City discerns said plans or applicatio s are deficient, it shall notify the Developer in writing stating the deficiencies and the step necessary for correction. Issuance of a grading or building permit by City shall be conclusive determination that the plans or applications have been approved as to the r quested activity by Developer and satisfies the provisions of this section. The City shall issue building permits prior t City acceptance of the Developer Improvements provided that the party apply'ng for the building permit agrees to withhold requests for occupancy until necessary Dev loper Improvements have been installed, which include operational and tested sewer d water systems, installation of sod in the front yard, and roadway development suffic ently completed to support access by emergency vehicles, snowplows, and garba e trucks, to be determined by the City Engineer in his sole but reasonable discreti n. Until such approval is granted, no dwelling may be occupied on either a temp rary or permanent basis, except that model homes may be occupied by sales personnel or marketing and related purposes. Notwithstanding this provision, if the Devel per is in default of this Agreement, as hereinafter defined, in addition to any other emedy provided by this Agreement, City may refuse to issue a certificate of occupan y for any lot or parcel in the Subdivision until Developer cures the default as provided her in. 5. Pre-Construction Activities. The Develope or his engineer shall schedule a pre- construction meeting with City to review a roposed schedule for construction of the Developer Improvements. 6. Commen ent of Construction of Devel e 1m rovements. Upon obtaining all necessary governmental approvals, licenses d permits, subject to Unavoidable Delays, Developer shall commence construction of e Developer Improvements within ten (10) days. 7. aithful Perti ce of Con truction of 1m r vets. Developer shall install, construct, and maintain the Subdivision Ite s and Developer Improvements in accordance with the terms of this Agreemen. Developer guarantees and warrants the workmanship and materials respecting such ubdivision Items and Developer Improvements for a period of one year folIo 'ng City's acceptance of the same ("Guarantee Period"). The Developer shall repair or replace, as dir cted by the City and at the Developer's sole cost and expense, any work and/or materials that become defective, in the sole but reasonable opinion of the City or its Engine r, provided that City or its Engineer give Page 4 I~-~ . . . to. notice of such defect to Developer within t ee months following the end of the Guarantee Period. The Developer, or Deve oper's contractors, shall post maintenance bonds or other security acceptable to City t secure these warranties. 8. Inspection of Improvements. Developer au orizes the City Inspector and City Engineer to inspect construction of the Developer 1m rovements as required by City and grants to them a license to enter the Subdivision to p rform all necessary work and/or inspections deemed appropriate during the construction of the improvements until final certification of acceptance is approved by City for all D veloper Improvement items and expiration of any applicable warranty period. Inspection by the City are to be logged and reported weekly to Developer. Construction and installation plans shall be rovided to City and shall be reviewed by and subject to approval of the City to insure that the construction work meets with approved City standards as a condition of City accept ceo Developer shall cause its contractor to fumi h City with a schedule of proposed operations at least five (5) days prior to the ommencement of the construction of each type of Subdivision Item and Developer 1m rovement. The City shall inspect all such work items during and after construction fo compliance with approved specifications and ordinance requirements until final certificati n of acceptance is approved by City and expiration of any applicable warranty perio . 9. Acceptance ofImprovement. Upon notifica ion by Developer that any of the Developer Improvements have been completed, within ten (10) days City Engineer shall inspect the Developer Improvement and, at his sole dis retion, determine if the Development Improvement(s) has been completed in acco dance with the plans, specifications, and exhibits attached hereto. If the City Engineer determines that the De loper Improvements have been completed in accordance with said requirements, the City Engineer shall give the Developer written notice of the City's acceptance of the Devel per Improvements within seven (7) days effective as of the date of the inspection. If the City Engineer determines that the Dev loper Improvement(s) is not completed in accordance with said requirements, the City ngineer shall notify Developer in writing of the deficiency and provide a reasonable date upon which to cure the deficiency. Failure by the Developer to cure within the stated ti e period shall constitute an Event of Default. Completion of Developer Improvements. D veloper agrees to complete the Subdivision Items and Developer Improvements on or b fore October 30, 1999. The Completion Date as provided herein is subject to Unavoidable Delays as hereinafter defined, in which Page 5 I~ -7 . . . event the completion date may be extended by the period of such Unavoidable Delays. For the purpose of this section, Unavoidabl Delays means delays which are caused by strikes, fire, war, road weight restrictions, aterial shortages, weather that renders construction progress impossible, causes be ond the Developer's control or other casualty to the Developer Improvements, or the act f any federal, state, or local government unit, except those acts of the City authorized or c ntemplated by this Agreement. In the event Developer believes an extensio is warranted, Developer shall request such extension in writing to the City Engineer an specify the requested length of extension and the reason therefore. The City Enginee shall determine the length of the extension, if any, in his sole but reasonable discretion. 11. Ownership of Improvements. Upon the co pletion of the Developer Improvements required to be constructed by this Agreeme t, and the acceptance thereof by the City, the Developer Items lying within the public eas ments and public right-of-ways as shown on the Subdivision plat shall become City pro rty without further notice or action. Within thirty days thereafter, and before any securi as herein required is released, Developer shall supply City with a complete set of rep oducible "AS BUILT" and "DEVELOPMENT PLAN" plans in a form cceptable to the City Engineer, without charge to City, which documents shall beco e the property of City. 13. 14. 12. Clean Up. The Developer shall properly cl ar any soil, earth, or debris on City-owned property or public right-of-way resulting fro construction work by the Developer, its agents, or assigns. Maintenance of Roads Before Acceptance. eveloper shall, at its expense, prepare any streets located in the Subdivision for snowp owing and other maintenance that Developer wishes City to undertake prior to formal acc ptance by City of such streets. This preparation shall include, without limitation ramping any manholes as necessary to avoid damage to snowplows or other vehicles use in street maintenance. Should damage occur to City snowplows or other vehicles during he course of snowplowing or other maintenance procedures prior to formal acc ptance ofthe street by City, which damage is caused by Developer's failure to properly pr pare or maintain the same, Developer shall pay all such damages and shall indemnify d hold City harmless for all such damage, cost, or expense incurred by City with regar thereto. Erosion and Drainage Control. The Develo er shall provide and comply with erosion and drainage control provisions in the landscape plan and City policy requirements as described in paragraph 3 (8) and as otherwis required by City. As development progresses, the City may impose additional rosion and drainage control requirements if, in the sole but reasonable opinion of the Cit Engineer, they would be useful and appropriate in controlling drainage and erosion. Developer shall promptly comply with Page 6 /{p -- /'0 . . . such erosion and drainage control plans d with such additional instructions it receives from City. 15. Hold Harmless Agreement. Developer ac owledges that its failure to implement the plans and exhibits as contained herein ma cause flooding and/or damage to adjoining property owners. In such event, Develope agrees to hold City harmless and indemnify City from claims of all third parties or De eloper for damages arising out of such flooding and/or damages. The parties recognize that time is of the es ence in controlling erosion. In the event of an emergency situation requiring immediate tion to prevent loss or damage to persons or property, to be determined at the sole discr tion of City, the notice and cure provisions of paragraph 21 shall not apply and City is au horized to undertake any corrective action it deems necessary to prevent or minimize y such flooding and/or damage. In such event, Developer agrees to hold City harmless an indemnify City from claims of all third parties for damages arising out of said corr ctive action by City, and agrees to reimburse City for all out-of-pocket expenses incurre by City arising out of the corrective action including, but not limited to, any costs nec ssary to re-landscape disrupted soils located within the Subdivision. 16. Insurance. A. The Developer will provide and ma ntain or cause to be maintained at all times during the process of constructing e Developer Improvements until six (6) months after acceptance of all Deve oper Improvements and, from time to time at the request of the City, furnish with roof of payment of premiums on: (1) Comprehensive generalliabi ity insurance (including operations, contingent liability, operatio s of subcontractors, completed operations and contractual liability ins ance) together with an Owner's Contractor's Policy with limits against bo ily injury, including death, and property damage (to include, but not e limited to damages caused by erosion or flooding) which may arise 0 t of the Developer's work or the work of any of its subcontractors. Limits for bodily injury or d ath shall not be less than $500,000.00 for one person and $1,000,000.00 fo each occurrence; limits for property damage shall not be less than $200,0 0.00 for each occurrence. The City, City Engineer, and Developer's E gineer shall be an additional named insured on said policy. Developer sh 11 file a copy of the insurance coverage with the City upon request. (ii) Worker's compensation insur ce, with statutory coverage. Page 7 //tJ -II . . . 19. 17. Security for Cost ofImprovements, For th purpose of financing the construction, installation, and maintenance of the Devel per Improvements, and to pay all associated costs and expenses of City as described in aragraph 18, Developer shall, upon execution of this Agreement, execute and deliver to 'chfield Bank and Trust ("Lender") a Note and Mortgage encumbering the property in an ount not less than $351,522 (includes amount 20% above construction cost plus ees), The proceeds of this loan shall be escrowed by Lender and disbursed only in ccordance with the terms and conditions of a certain Disbursement Agreement attached ereto as Exhibit E and incorporated by reference herein. No work shall be commenced under this A reement until the Note, Mortgage, and Disbursement Agreement have been execut d and certified copies filed with City. 18. Responsibility for Costs. A. The Developer shall pay all costs in urred by it or City in connection with the development of the Subdivision, in luding but not limited to construction of Developer Improvements, legal, pI ing, engineering, and inspection expenses incurred in connection with approv I and acceptance of the Subdivision plat, the preparation of this Agreement, and II reasonable costs and expenses incurred by the City in monitoring and inspectin development of the Subdivision. B. The Developer shall pay in full all b lis submitted by the City within thirty (30) days after receipt. If the bills are no paid on time, the City may halt all plat development work until the bills are paid in full. C. The Developer shall hold the City d its officers and employees harmless from claims made by itself and third parti s for damages sustained or costs incurred resulting from Subdivision plat appr val and development. The Developer shall indemnify the City and its officers d employees for all costs, damages, or expenses which the City may payor incur in consequence of such claims, including reasonable attorneys fees, rovided that nothing herein shall require Developer to indemnify the City, its officers or employees from any violation of law or from the consequences of the r own negligence, D. The Developer shall reimburse the City for its costs incurred in the enforcement of this Agreement, including engine ring and reasonable attorneys fees. Required Tree Planting For lots without trees, Developer shall be re ponsible for installation of boulevard tree plantings as required by the city ordinance. equired subdivision trees must have a trunk diameter of at least two inches (2") at one fo t (1') above ground. Required trees must be Page 8 /(P ~/d--- . . . 22. protected and supported by approved tree uards. Not less than two (2) or more than three (3) species of trees shall be planted i any block, and neither less than twenty percent (20%) nor more than fifty percent ( 0%) of the total trees planted in a block may be of the same species. On lots with a single frontage or for corner lots with double frontage on two minor streets, two trees to be planted per street fr ntage. Trees must be planted at a location between 4 feet and 10 feet from the curb. he Developer shall take into account the presence of utility systems when establishi g the precise location within the stated acceptable range from the curb. In areas were sidewalk is being installed, trees shall be planted between the curb and the sidewalk -5 feet behind the curb. The Developer is free to direct builders to lant trees as required under the ordinance and this development agreement; however, the eveloper is ultimately responsible for compliance with the tree planting requirem nt. This expense shall be incorporated into the isbursement agreement. 20. Park Dedication. Park dedication will cons st of cash in lieu of land in the amount of $32,500. 21. Trails and Pathways. The 10' bituminous trail connecting River F rest Circle to Gillard A venue and the 10' trail extending from the River Mill Outlot to River Forest Drive between Lot 1, Block 6 and Lot 7, Block 5, shall be constructed d funded by the developer with the subsequent phase of the development. Miscellaneous. A. This Agreement shall be binding up n the parties, their heirs, successors or assigns, as the case may be. B. Third parties shall have no recourse gainst any party under this Agreement. Future residents of the plat shall not e deemed to be third-party beneficiaries of this Agreement. c. If any portion, section, subsection, s ntence, clause, paragraph, or phrase of this Agreement is for any reason held in lid, such decision shall not affect the validity of the remaining portion of t is Agreement. D. So long as the City uses its best effo s to review plans and inspect improvements, the Developer shall have no cause of action for damages attributable to delays in Page 9 1ft; "'13 . . . 23. the construction and completion of aid Items. E. No one may occupy a building for hich a building permit is issued on either a temporary or permanent basis until anitary sewer and water lines have been installed, hooked up, tested, and ap roved by the City. F. The action or inaction of the City as to the exercise of any of its rights or remedies upon an event of default shall not c nstitute a waiver or amendment to the provisions of this Agreement as to fi ture events of default. To be binding, amendments or waivers shall be in iting, signed by the parties, and approved by written resolution of the City Counc 1. The City's failure to promptly take legal action to enforce this Agreement sh 11 not be a waiver or release as to any event of default. G. This Agreement shall run with the I d and shall be recorded in the office of the Wright County Recorder. After co pletion of all of Developer's obligations hereunder, at Developer's request Ci y will execute and deliver to Developer a release of this Agreement in recorda Ie form. H. Both parties to this Agreement ackn wledge that they have been represented by counsel, or are aware of their right t counsel, and have entered into this Agreement freely and voluntarily. A. B. t. Developer represents and agrees that Except only by way of security for, d only for the purpose of obtaining financing necessary to enable the De eloper or any successor in interest to the Property, or any part thereof, to perfi rm its obligations with respect to the construction of the Developer Impro ements under this Agreement, and any other purpose authorized by this Agreeme t, the Developer (except as so authorized) will not make or create, or suffer to e made or created, any total or partial sale, assignment, conveyance, or transfer i any other mode or form of with respect to this Agreement or any interest therei , or any contract or agreement to do any of the same, without the prior written a proval of City. In the absence of specific written agr ement by the City to the contrary, no such transfer or approval by City shall be eemed to relieve Developer from any of its obligations. In the event that City ap roves a substitute developer and the Property is transferred to said substit te, the City agrees to relieve the Developer ofliability from performance as desc ibed in this contract. Said substitute shall assume all responsibilities and rights of the Developer under this contract. Page 10 lip ., lif . . . 24. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "events of default' shall mean, whenever it is used in this Agreement (unless the context otherwise p ovides), anyone or more of the following events: A. Failure by the Developer to observ and substantially perform any covenant, condition, obligation or agreement n its part to be observed or performed under the terms of this Agreement, or the isbursement Agreement by and between City, the Developer and Lender. B. If the Developer shall admit in writ ng its inability to pay its debts generally as they become due, or shall file a peti ion in bankruptcy, or shall make an assignment for the benefit of its cre itors, or shall consent to the appointment of a receiver of itself or of the whole or y substantial part of the property. C. If the Developer shall file a petition under the federal bankruptcy laws. D. If the Developer is in default under he Mortgage and has not entered into a work- out agreement with the Lender. E. If the Developer shall fail to begin c nstruction of the Developer Improvements in conformance with this Agreement, d such failures are not due to unavoidable delays as defined in this Agreement. F. The Developer shall, after commenc ment of the construction of the Developer Improvements, default in or violate ts obligations with respect to the construction of the same (including the nature an the date for the completion thereot), or shall abandon or substantially suspend co struction work, and such act or actions is not due to unavoidable delays as determ ned by the City Engineer in his sole but reasonable discretion and any such efault, violation, abandonment, or suspension shall not be cured, ended, or remedi d within the time provided for in this Agreement. 25. NoticelRemedies on Default. Whenever an Event of Default occurs, the City shall give written notice of the Event of Default to De eloper by United States mail at its last known address, J. Edwin Chadwick, 1550 E st 79th St. Suite #640, Bloomington, MN 55425. If the Developer fails to cure the Eve t of Default within fifteen (I 5) days of the date of mailed notice, in addition to any oth r remedy provided in this Agreement, and without waiver of any such right, City may vail itself of any or all of the following remedies for so long as the Developer is in efault: A. Halt all plat development work and c nstruction of Developer Improvements until such time as the Event of Default is ured. Page 11 ~' 1ft; -IS . . . B. Refuse to issue building permits or ccupancy permits as to any parcel until such time as the Event of Default is cure C. Apply to a court of competent juris iction to enjoin continuation of the Event of Default. D. Exercise any and all remedies avail ble to City pursuant to the Disbursement Agreement. If the Event of Default is the failure of Developer to complete, construct, install or correct the Dev loper Improvements in accordance with the plans and specifications and this A reement, City may perform the construction or work and apply to Lender pursu t to the Disbursement Agreement to reimburse City for its expenses. T s provision shall be a license granted by the Developer to the City to act, but sh 11 not require the City to take any such action. Developer consents to such action City and waives any claim Developer may have against City for damages in th event City exercises its rights in accordance with this provision. E. Terminate this Agreement by writte notice to Developer at which time all terms and conditions as contained herein s all be of no further force and effect and all obligations of the parties as impose hereunder shall be null and void. 26. Miscellaneous. A. This Agreement shall be binding up n the parties, their heirs, successors or assigns, as the case may be. B. If any portion, section, subsection, s ntence, clause, paragraph, or phase of this Agreement is for any reason held in alid, such decision shall not affect the validity of the remaining portion of is Agreement. C. The action or inaction of the City sh 11 not constitute a waiver or amendment to the provisions of this Agreement. T be binding, amendments or waivers shall be in writing, signed by the parties, and approved by written resolution of the City Council. The City's failure to prom tly take legal action to enforce this Agreement shall not be a waiver or r lease. D. Future residents of this Subdivision hall not be deemed to be third party beneficiaries of this Agreement. E. This Agreement shall run with the I d and shall be binding upon the Developer, its successors and assigns. The Dev loper shall, at its expense record this Agreement in the Office of the Wrig t County Recorder. After the Developer has completed the work required under t is Agreement, at the Developer's request the Page 12 /~ -lie . . . I City will execute and deliver to Dev loper a release in recordable form. F. All parties to this Agreement ackno ledge they have been represented by counsel and have entered into this Agreeme t freely and voluntarily. 27. Notices. Required notices to the Developer shall be in writing and shall be either hand delivered to the Developer, or mailed to the Developer by United States mail, postage prepaid to the following address: Attention: address, 1. Edwin Chadwick, 1550 East 79th St. Suite #640, Bloomington, MN 55425. otices to City shall be in writing and either hand delivered to the City Administrator or ailed to City by United States mail, postage prepaid to the address: 250 East Broadway, PO Box 1147, Monticello, MN 55362. IN WITNESS WHEREOF, City and Developer ha e signed this Developer's Agreement the day and year first written above. CITY OF MONTICELLO By: William Fair Its: Mayor By: Rick Wolfsteller Its: City Administrator STATE OF MINNESOTA) )ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledge , 1998, by William Fair and Rick Administrator of the City of Monticello, a Minnesot corporation. before me this day of olfsteller, the Mayor and City municipal corporation, on behalf of the otary Public Page 13 J(,"/? . 1. Edwin Chadwick, LLC 1550 East 79th St Suite #640 Bloomington, MN 55425 . . By: Its: STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledge before me this day of , 1998, by ts of , a Minnesota corporation n behalf of the corporation. Notary Public This Instrument Drafted By: Olson, Usset, Agan & Weingarden 6600 France A venue South Suite 590 Edina, MN 55435 Page 14 I~ ~/~ . EXHIBI A Legal Desc iption . . Page 15 /1, ~ 11 . Page 16 . . 1ft, ., ~ ~ . . . EXHIBITS AND D Exhibit C BUILDI G and Site Plan Exhibit D CONST UCTION Plan Exhibits C and D are available and on file at the of Ice of the Monticello City Engineer, WSB & Associates, Inc., 350 Westwood Lake Office, 8441 Wayzata Boulevard, Minneapolis, MN 55426. Page 17 lip -~I . EXHIBI E Disbursement See attac ed . . Page 18 lip -~~, EXHIB T E . DISBURSEMENT AGREEMENT RIVER F REST THIS AGREEMENT, is made and entered on , 1998, by and between J. Edwin Chadwick, LLC, a Minnesota Corporation ("Devel per"), Richfield Bank and Trust (Lender), and, The City of Monticello, a Minnesota Municip I Corporation ("City"). WHEREAS, the Developer is the owner of the real property described in Exhibit A attached hereto, commonly known as River Forest "Subdivision"); WHEREAS, on 1998, the D veloper and the City made and entered into a Development Agreement, concerning the construct on of certain improvements to the Subdivision as described therein ("Developer Impr vements"); WHEREAS, on , 1998, th Developer and the Lender made and entered . into a Loan Agreement ("Loan Agreement") where n the Lender agreed to loan at least the sum of to the Developer for th purpose of constructing the Developer Improvements and other related development costs; WHEREAS, on , 1998 the Developer, as maker executed and delivered to the Lender, as payee, a promissory note in at leas the sum of$351,522 with interest thereon payable as described therein, and said note was sec ed by a Mortgage executed and delivered by Developer, as mortgagor, to Lender, as Mortgagee, ncumbering the Subdivision; and WHEREAS, the parties desire to establish p ocedures concerning the disbursement of the fund under the Loan Agreement. NOW, THEREFORE, in consideration of th mutual covenants herein and other good . and valuable consideration, the receipt and adequac of which is hereby acknowledged, the parties hereby agree as follows: / ft> ,;).. 3 Page 1 I. Security. The City hereby accepts his Disbursement Agreement as Security for . the construction of the Developer Improvements, i eluding establishment of required tree plantings, under the Development Agreement. Th liability of the Lender to the City under this Disbursement Agreement shall automatically be r duced to the extent of advances made by the In the event of improper disbursement, Le der shall be liable to City for any damages Lender under the Loan Agreement for the Develo er Improvements, provided that said advances are approved in writing by the City. arising from any improper disbursement up to the ount of such improper disbursement. 2. Certification by Private Engineer. cCombs Frank Roos Associates, Inc. ("Private Engineer") shall certify in writing to the eveloper, the Lender, and City the progress of construction of the Developer Improvements at he conclusion of each stage of construction. Such certification shall set forth the quality of wor anship, the stage of construction according . to the plans and specifications, the dollar amount 0 the Developer Improvements completed to the date of such certification, and the dollar amoun of the disbursement necessary to pay for the certified Developer Improvements. 3. Approval by City. After receipt of e certification by the Private Engineer, the City shall give written notice to the Developer and he Lender whether the City approves or rejects the Developer Improvement relating to suc certification. The City will use its best efforts to notify the Developer and Lender within t n (10) business days after receipt of such certification by the Private Engineer. The City rna perfonn its own independent inspection of the Developer Improvements. 4. Disbursements and Retainage. If th City approves a certification of the . Developer Improvement by the Private Engineer in writing, the Lender may rely upon such approval and, if so instructed by the City, advance 0 more than Ninety-five percent (95%) of the 1~_~e2 sum certified by the Private Engineer for the Deve oper Improvements. Five percent (5%) of all . certified sums ofthe Developer Improvements ("R tainage") may be retained until the final inspection by the City. The Retainage shall be dis ursed after the City completes its final inspection, accepts all Developer Improvements d Developer provides the necessary maintenance bond to City. If the City rejects any i em of the Developer Improvement in the certification by the Private Engineer, the Lender s all not advance any funds relating to that item of the Developer Improvements until the City has iven its written consent. Certifications not 5. relating to Developer Improvements as referenced n the Development Agreement shall not require the 5% retainage pursuant to this parag:ap . suspend or tenninate the certification of the Devel per Improvements by the Private Engineer. In such event, the City shall give written notice to e Developer and the Lender of such . suspension or tennination. Such suspension or te ination shall not affect any certification issued by the Private Engineer prior to the receipt f such notice to all parties. Such suspension or tennination shall be prospective only. In the ev nt of such suspension or termination, the City shall inspect the Developer Improvements complet d, certify to the Developer and the Lender the dollar amount of the Developer Improvements com leted to the date of such certification and the amount to be advanced to pay for the certified Dev loper Improvements. 6. Final Inspection by the City. Pursu t to the Development Agreement, the City Engineer of the City shall make a final inspection 0 the Developer Improvements. The Private Engineer shall have no authority to make the final i spection on behalf of the City. The City Engineer may object to any construction defects di covered during the final inspection regardless . ,"- " d--..~ /~ Page 3 of when such defects occurred. The failure of the ity to object to a prior certification by the . Private Engineer shall not be deemed a waiver oft e City's right to demand the correction of any . . construction defects discovered during the final in pection. 7. C e. If the Developer commits an event of default upon its obligations as imposed by this Ag ement, or pursuant to the Note and Mortgage executed by Developer, or as defined within the D velopment Agreement with City and does not cure the event of default within the time proscribed within the Development Agreement, the City may give the Developer notice of the City's intenti n to terminate the private installation of the Developer Improvements and the City may procee to let contracts to complete the Developer Improvements. The cost of said contracts, plus oth r obligations of the Developer under the Development Agreement, may be drawn from the r maining unadvanced amount of Lender under this Disbursement Agreement. In the alternative, upon default by the Devel per of its obligations under the Development Agreement following the above described notice, t e City may request the Lender to advance the remaining unadvanced funds under this Disbursem nt Agreement directly to the City, which funds the City shall hold in escrow for the exclusiv purpose of completing the Developer Improvements and satisfying the other obligations f the Developer under the Development Agreement. Upon final completion of the Developer 1m rovements, the City shall pay any remaining funds to Lender to be applied as a payment on Deve oper's behalf. The notice of uncured default shall be signed by the Mayor or the Clerk of the Cit . Copies of said notices shall also be served on the Lender. 1'._. r;>~ '{J Page 4 In the event City does not recoup its costs i completing the Developer Improvements . under the provisions of this paragraph, as an additi nal remedy, City may, at its option, assess the benefitted property in the manner provided by innesota Statutes S429.01 et seq. 8. Terms of Agreement. This Agreem nt shall expire on , 1999. This Agreement shall automatically be extended for suc essive six month periods unless Lender gives written notice to the City 30 days prior to any expi ation date. If the Lender chooses not to extend the Agreement, and the City desires continu d financial security for the Developer's obligations under the Development Agreement, the City may request the Lender disburse to the City the remaining unadvanced amount of this Dis ursing Agreement which funds the City shall hold in escrow for the exclusive purpose of comple ing the Developer Improvements or other obligations of the Developer under the Developme t Agreement. Upon final completion of the Developer Improvements and satisfaction of the De eloper's obligations under the Development . Agreement, the City shall pay any remaining funds to Lender to be applied as a payment on Developer's behalf. 9. Any request by the City of the Lend r, which is authorized by paragraphs 7 and 8, shall be honored by the Lender within three (3) bus ness days after demand is made by the City. 10. Notices. Any notice provided for in is Agreement may be delivered or mailed Lender: as follows: RICH IELD BANK AND TRUST (Financing) C. Pet r Speckman 6625 yndale Ave S Richfi ld, NIN 55423 Developer: 1. ED CHADWICK, LLC (Developer) 1550 ast 79th St #640 Bloom ngton, MN 55425 . /1- ,,;;>'1 tlJ Page 5 City: 250 ast Broadway PO ox 1147 Mon icello, MN 55362 Atte tion: Rick Wolfsteller . Such notices shall be deemed to have been given hen received by all parties. 11. Governinlf Law. This Agreement s all be governed in all respects by the law of the State of Minnesota. 12. Assignment. The rights of the City under this Agreement cannot be assigned. 13. Binding Effect. This Agreement s II inure to and bind the parties hereto and their successors and assigns. 14. No Third Party Rights. This Agree ent is made for the sole benefit of the parties hereto. No other person shall have any rights or re edies under this Agreement. IN WITNESS WHEREOF, the parties hav made and entered into this Agreement as of . the first day and year above written. CITY OF MONTICELLO By: William Fair Its: Mayor By: Rick WolfstelIer Its: City Administrator J. EDWIN CHADWICK, LLC (Developer) 1550 East 79th St #640 Bloomington, MN 55425 . By: J. Edwin Chadwick Its: }'-. -~ 'Q Page 6 . . . RICHFIELD BANK AND TRUST (Financing) C. Peter Speckman 6625 Lyndale Ave S Richfield, MN 55423 By: Its: 7r7 /It> ."..., Page 7 / . . . Richard H. loom 3657 Woody Lane Minnetonka, Minn, sota 55305 (612) 936.7 25 August 25, 1998 Mr. Jeff O'Neill, Assistant Administrator City of Monticello 250 East Broadway Monticello, Minnesota 55362 Dear Mr. 0 'Neill: - Application is hereby made for revised preliminary p at approval of a 53-lot subdivision entitled "River Forest," (previously submitted as "The Forest '). This application is submitted on behalf of Mr. John E. Chadwick only for Outlot A, Sandber East. The previous application included Outlot B, River Mill 4th Addition. Shortly after the City approved the original prelimin plat, a series of meetings and conversations took place between Rick Murray, John Chadwick, our respective engineers, and myself. Several different land swap and cost sharing ternatives were given careful consideration, but we were unsuccessful in arriving a an acceptable solution. Consequently, this revised application is only for the property owned by Mr. Chadwick, Outlot A, Sandberg East. The following is submitted to support this request: 1. Revised application form. 2. Public hearing fee. 3. Planning Consultant narrative. 4. Location map. 5. Existing Natural Features map. 6. Revised Preliminary Plat. 7. Grading, Drainage, and Erosion Control Pan. 8. Utility Plan. 9. Plan reductions. The revised plat of River Forest provides a total of 53 singleMfamily lots, which range from 12,000 square feet to 33,200 square feet with the ave ge size being 14,941 square feet. The plat depicts a central spine road (River Forest Drive) conn cting to Gillard Avenue to the east and River Ridge Lane and Mill Trail Lane to the west. ee cul~de-sacs (versus four previously) extend eastward from River Forest Drive. A trail co ection will be made to Gillard Avenue from the southerly cul-de-sac and an outlot has been rovided to allow a trail connection to River Mills Parks between the lots as requested by the City. The previous plat provided three walkout fiR ~3C) . . . Mr. Jeff O'Neill, Assistant Administrator August 25, 1998 Page 2 lots, 14 lookout lots and 38 full basement lots, the fi al grading plan will depict nine walkout lots, 31 lookout lots, and only 13 full basement lots n River Forest. Walkout and lookout lots are the most desirable for builders and future homeown rs. CITY ENGINEER OMMENTS Mr. Bret Weiss, Monticello City Engineer prepared very detailed and thorough review of the previous project on July 29, 1998. Extensive change either have been or will be made to respond to the 29 items contained in his letter. Some of his comments have been incorporated into the revised preliminary plat and the remainder '11 be resolved with the final plat and plans. The most extensive changes proposed involve the ding and drainage plan. In order to maintain the lowest floor at the pond highwater elev tion and provide for emergency overland water flow, the ponds were lowered, streets were ei er raised or lowered, and building pads were raised. The final grading plan, which is prepar at 50 ,scale versus 100 scale for the preliminary will provide the fme detail required to r spond to Mr. Weiss' memo. The final plat, fmal grading, drainage utility, and str et plans will be submitted on August 31, 1998. Advance copies of the final plat and grading p an will be sent to Mr. Weiss to assist in his reVIew. S We believe that our revised plan for "River Forest" '11 adequately respond to all of the comments from the City and is superior to the previo plan in that maIiy more walkout and lookout lots will be provided. The quality of the lots s in keeping with our target market of $140,000 - $200,000+ price range for the finished ho es. Respectfully submitted, ~~~ Richard H. Bloom Planner and Project Manager for John E. Chadwick, LC RHB:pry c :\main:\ 12060\oncillS-25 I~'-- ::,/ . . . Council Agenda - 9/14/98 17. Consideration of r n i an increase to the individual ension for volunteer Firefi2hter Relief Association members. (R.W.) A. D: The Firefighter Relief Association member hip is requesting that the City Council consider an increase in their retirement ben fit from the present $1,575 per year of service to $1,925 or more after 20 years of service n the fire department. The following is a summary of the previou benefit increases that have been approved: 1987 $ 875 per year of service 1988 $ 975 1989 $1,075 1990 $1 ,1 75 1992 $1,225 1994 $1,300 1995 $1,325 1996 $1,375 1997 $1,575 By August 1 of each year, the Fire Relief ssociation must present to the City Council a schedule of the proposed benefits and total iabilities associated with the proposed benefit in comparison to the assets of the Associati n. Typically, it has been the past policy of the Council that they would only consider i creases to occur in the yearly pension amounts if the Association had sufficient i come projected to cover the increase. In other words, the state aid and interest earnings ar investments needed to be projected at a level sufficient to cover the normal annual cost 0 the pension calculations based on the requested $1,925 per year or higher amoun. In the past, the City Council has not supported any benefit level that would req re a contribution from the City as a tax levy. The pension schedule reports provided by t e Fire Relief Association Treasurer indicate that the Association should have sufficient unds to support an increase in the pension up to $1,950 per year of service. The Treasure has provided three examples of yearly pensions that range from $1,900, $1,925, d $1,950 as examples for the Council to review. In all of the schedules, the assump'on that there are sufficient assets and earnings from investments to support these ension amounts is based on an estimate that the interest earnings on their investments w 11 continue to earn at a rate of at least 8.935%, which is their past ten-year average interest earnings according to their records. Should for some reason the interest earnings not eq al the assumed 8.93% rate of return, the possibility does exist that if a pension level is established close to the break even point and interest earnings do not meet average e pectations, the City may be required to contribute funds to make up for the shortfal. In addition, it is assumed that the state aid funds received by the Association will cont nue to be equal to previous amounts. ~ Council Agenda - 9/14/98 . It should be noted that the reason the City ouncil must approve any increase in the Relief Association's pension is that, ultim tely, if projected revenue is not sufficient to cover pension liability established, the Cit is responsible for covering the difference. In other words, if the City approves any pens' on amount before the Association has sufficient assets to cover the projected liab lities themselves, a reduction in the interest income or loss of some of their investment could obligate the Council to use tax dollars to fund the balance. State aids are not alw ys guaranteed, although it seems unlikely that a dramatic change in the state aid formula ould occur. . Based on the schedules provided by the Re iefTreasurer, which assumes at least an 8.93% interest earnings on their investmen s and state aid equal to the amount received last year, normal income should be enough to support even the $1,950 per year pension level. Ifthe City Council chooses not to e dorse a specific pension level, the Association cannot increase their benefits until they ha e at least 110% of their liability covered by assets. While at the present $1,575 per ye benefit the Association would have more assets than liabilities, they would still not eet the 10% surplus that is required to change their pension on their own. It would likely take another year or two before they would have sufficient surplus to do their own pen ion modification, and then the increase would certainly be limited to smaller increases. nder the $1,925 per year schedule requested, the total projected assets of the Associatio would be $548,181, and their liability for this pension amount would be $631,776, leavin them $83,595 short of being able to set their own pension amount. Based on the three e amples provided, if the Council approved the $1,925 per year amount, this would give th m a $350 per year increase over their current pension and would provide a little more cu hi on before any tax dollars would be needed if investment income was lower than proje ted. B. ALTERNATIVE ACTIONS: 1. Grant an increase to $1,925 per yea . This increase, according to the Reli f Association schedule, would not require a City contribution and should be abl to be funded through anticipated state aids and other interest earnings on inves ents, although there is not a guarantee. As I noted earlier, the interest earnings e based on an 8.97% return, which has been the average over the last ten years fi r the Association. 2. Do not grant an increase in benefits t this time and only allow the increase to occur when the Association has mo e assets than liabilities. . At this time, it would still take a fe more years for the Association to have enough assets to equal 110% of thei liability and to be allowed to increase their benefits on their own. 3. Grant an increase in benefits to an ount somewhere between the current $1,575 per year and the $1,950 per year sch dule. . Council Agenda - 9/14/98 The schedules provided by the Ass dation indicate that even at the $1,950 amount, there would be sufficient stimated interest earnings and state aid to support the benefit without a City t x levy. If for some reason the interest earnings do not meet expectations r the state aid is cut, the City would be required to use tax dollars to suppo this pension in the future. Likewise, if an excessive number of individuals w re to retire at one time, this could change the amount of assets that the Associati n would have and also change their future income stream. Should this happe , it is also possible that the City would be required to contribute some funds t maintain this higher pension level. c. STAFF RECOMMENDATION: Based on the Relief Association financial c mputations, it does appear that any ofthe proposed pension levels of $1 ,900 to $1,95 per year could be obtained without requiring any City contribution. Based on this infor ation, I have no reason to object to an increase being granted as long as the City ouncil realizes that there are no guarantees that state aid or other investment earnings ill continue at the present level or that some other catastrophic event wouldn't cause the need for a City contribution in the future. D. SUPPORTING DATA: . Computation of benefits for each member the $1,900, $1,925 and $1,950 per year level. . ~3 I SCHEDULE I~II FOR LUMP Sl M PENSION PLANS REPORTING FORM "EAR 1998 Association of -7JC::d:rtZ AID Y:AR 1999 County of Form' SC-98 .ighters Relief ~~-:-3S- ~ ""~ ........" ... -" tUr":Jhr (J SCHEDULE I Computation of benefit of relief association special fund (at $ /'160 per year of service) for all members based on their year of service as active fire department members. 1 Name Age 1. T. Farnum 2. J. Morrell 3. S. Douglas 4. W. LaBree 5. M. Wallen 51 << '-/(.- L/J.. LI3 'Is LI/ LI/ 3'1 iJD ~~ 3~ 35 lJ :2 3/ ~J. 7. M. 8. M. 9. T. 10. B. AK. -:PC. ~ 13. ~_?remer 14. M. Simpson 15. L. Larsen Wein Johnson Theisen LeHert Fyle Stumpf Host Total from Paoes 2a and 2b 2 3 ~f7/, t!6c.. 57::1.. '3 J ~ ~ I ~~if.~~~l~~.:(;fi ~~')'M;rl:I;';,~:r;;' ;:i~~: J ~~:::::;~. :~~~~~~~::~"~: '~~'f ~ ~@~~;'::;.):~i\~~~t~~~: ~~:"',",.~';',t".. ..;)g:"Pf~~;;,:~:':1i 1":'",",;,\,,',\:.. ....., ,':;,.. ".......,.., .IA.." .,.,it I~''',:''::'_.:,;,.~, :,;'::~:.~: . ;",";!.\:' ..,~;..::.\-:,::,:,",. ,.'V';";":: l;'::;:::,.:'.:'."~',',','~_."-' . '. 4 5 F.D. Entrv Date !'i: Month.:. Year 3 ~f '/3 . -< '.\ 75' 3 7(0 .5 77 S " 77 17- ',\ 7~ 3 "31 <' ., 92.. h 33 5' ::.' gr !::.,/ ~5J' /0.85 I')... ( FS / " rf7 / 87 1998 To End of This Year Years }l ctive Accrued Servbe Liability ~ ~ '-19 J.(oc:> .A / "IS b60 ;?- 3 t/2, 7c:sa :J... t-11;fOb '2..... ~//x'C>O ~, J~ coo /}, ~:2 .J...t;,.2 lid y. c;, '10 /'5. ;;lJl ? 7 c:,. 1<' :;.1{776 / 'I .2 ;2 J/ 9 f::, 1,2 ..:<. 0 _1~ 0 I .:::zo ~30 II !8:L7r5 / ;. I ;? ;J.-"7 A/ ** DEFERRED Total of Deferred Pensions, If Any, Total from page 2 Total Unpaid Installments. If Any, Total from page 2 Total of Early Vested Pensions If Any, Total from page 2 A. Accrued Liability Through Next Year 1999 (total, column 7) ..___.__________.um___m_____..> B. Accrued Liability Through This Year 1998 (total, column 5) - _mo._m.____..> C. Subtract Line 8 from Line A (normal cost) 6 7 1999 To End of Next Year Years Active Accrued Service Liabilitv fl.- 7 51 360 ;t.s- "/7. '\60 .?.- ~ .4I56t5d ~ 3 J./3700 ':<"3 iJ 3 lac ,,;../ 3'710d I 7 3.5"'" tY3~ /$ ':5;( .2 " 2- Ie, c:>Z 7 /3? Ie,. '1 7 /? 2' / .5" ;;" 1./ 77 Co 1'1 ..2.:< t.1'lc.. I (/' ::J 2. ~ 't ~ 13 2tJ ~~Z> la ?....)~'?r"i ''i(:,"l, h9) ':? .-~;2. I '"2.. cP 7Z'" 81 ( /' ~ ~3 Cf 7.5 S~ 91/J{ Fractional Years of service must be calculated to nearest full year. .0 not enter liability in Columns 5 or 7 for any person who will recei e entire pension during this year. Enter this pension amount on Schedule 1/, Section 1, Line g. For installment liability, enter amount which will be payable after en< of this year in both column 5 and column 7. If interest is to be paid on unpaid pensions, add interest for 1 year ir column 7. A copy of these schedules must be presented to the City Council be ore August 1 each year. Page 1 I?---I SCHEDULE I - ADDITIO NAL MEMBERS I . 2 3 4, 5 6 7 Name F.D. Age Entry Date Month, Year i 1998 o End of This Year Yea Active Accrued S rvice ' Liability 1999 To End of Next Year Years Active Accrued Service Liability Regular Pensions 1. N. Kranz -";1,) S' ; X7 2. 2. S ~"m"",l""n 31 II K7 '/ 3. B. Stumpf _ll" ) 0'8 '1') 4. J. Michaelis 3'1 I . i6 9 5. G. Sangteby 33 .5 ,.3 en 6. R. Lymer 31 .s- > "1..3 ~ 7. J. Kranz 31 5 . 7.~ (, 8, T. Johnson 3;J.... S ~ "7.3 (", .. 9. S. Joerg 3Lf 16 9c.f ~ ~. . 33 ,-j 10. P. Drew /0 i ?'1 " 11. R. Volbrect t.{;l. I 70 i 12. L. Dahlheimer 3/ ~ '1c. :J - S. Hanson 7ep 3 13. ;l,I;' S 14. " 15. Subtotal of Reaular pension lIab Illy (or page ) ) Name Deferred Pensions lit. .. .(?a /)... /.. I), i J.., i ~ >=' -. J t'l 4. 5. 6. 7. 8. Subtotal of Deferred Pensions Age Entry Date S€j: aratlon 'I ate '-'r7 j2. /7 V " '//9;(' Unpaid Installments 1. 2. Subtotal of Unpaid Installments Early Vested Pensions 1. 2. 3. 4. 5. 8. Subtotal of Earlv Vested Pensions . Page 2t " /f{;J.. 7;( 13 .:2 0 3~O IrA 5 G:>L ~2.. /2 P.,;( ) L./ Jj J../ LJ /1 Ib 36 ? /i t. _<'I /0 /t:/ t/L/o 7796 '7 9 st./J" -;-792i 7 c; "{t/J?' 7790 "7 'q ~'-; Jf 7790 ~ e:f~qk L/94 () !?- i... 3t/ 6 "-I <1' "/0 .s to g J{ t,- /0 9'1 L/ ? 1.;2 (;, S; 3'=>/0' 4 I/ql/Q 3 ro ID If Jiq46 . IJ-O ,97)( Itj / f!!~k DeferreCl ueTerrect Pension Pension 3/ c;,. 3/ 33;2../ "3 17 --d-- Section 1 Schedu e II Determlnatfon of Projected Net Assets for the year ending December 31, 1998 (:10 .Ial Fund Assets at December 31, 1997 (See Ending Assets In Reporting Form - 1997) Projected Income to December 31, 1998 a. Minnesota State Aid $ (Use 1997 amount, exclude supplemental) b. Municipal (Independent fire) Contributions $ c. Donatfons (LIst ) $ d. Interest and Dividends 10!f'\ .<>-v.t, S~ ?l ic. $ e. Net appreciation (depreciation) In fair value of Investments $ f. Other income (Includes Supplemental) $ (list - ) Total Projected Assets plus Income December 31, 1998 (line 1 + line Projected Disbursements through end of year . g. Pensions (If listed here, don't Include on Schedule I) $ h. Other benefits $ I. Administrative $ Total Projected Assets at end of year (line 3 minus line 4) _tlon 2 77S- "1.00 1 $ t(('~1;;,t( ,2$ 3~, 757 3 $ S'f'1 (,. 31 4 $ /566 5 $ . .!)i(J; 1$1 Determination of p" ifected Surplus (Deficit) as of December 31, 1998 Projected Assets (line 5) 1998 Accrued liability (line e, Schedule 1) . Surplus or (Deficit) (Subtract line 7 from line 6) * Go to Section 3 If Surplus Section 3 Normal Cost (line C, Schedule 1) Calculated Administrative Expense (1997 Reporting Form Adm. Exp. $ less: j. Minnesota State Aid $ k. 5% of line 5 $ I. 10% of line e $ Total Subtractions · 0 to Section 4 If Deficit 6 $ <;4g;jg/ 7 $~.J-~; ,17$ 8 $ (7j~1'1fJ Determination of Mpnicipal Contribution (if Surplus) x 1.035) .Iclpal Contribution (line 9, plus 10 minus 11) 1. 00 or greater, certify to municipality before August 1, 1998 If negative number, no contribution Is dUe. , st!)' 1:aSI$~l'Ittl5NiS;iAiN . ,'e(!)M~llEfa' ,{: .' ,..;.! ..~.i..", ',\...',. ~~.~.:~. ...:~: ';i .. ;,~ .. '. '. ': ~ll1;...A:mJJ~., ',/' .i. ,.. :.Il'.:'., ',.", _' ..,'., 't ,//', ,~. ,~,,:~ Page 3 9$ 10 $ 11 $ 12 $ 17"'3. 06. S~ctlon 4 Determination of Municipal Contribution (if Deficit) Amortization of Deficits. . Year Incurred Column 1 Column 2 Column 3 Amounl Rellred In Prior Amount Left to Retire _:lj~ --:Z:L ;L 2 9/7 m _P.~:rt!/..1secllon 2, line 8) ." '.: , ,:,''-' "'" .~ n.t.? 117 (Column 3 Subtotal) ;:~a~:d" Dellell (19911) ;[f:!ll.- C-. - .~.~-;-,,:.,::, 7. 79< ci.~ 8,)1:. (n. minus 0.) . Step # 1 If line 0 Is positive, enter line 0 In columns 1 an(1"3 of N w add~onal teflcit '(1998) line. (This Is your New addItional Deficit for 1998.) Step # 2 If line ois negallve, reduce columns 2 and 3 according to Deficit Reducllon In the Instrucllons. Amortlzatlon of Deficit (Total from Column 1 r't,.5 7'7 x .10) Total from line C, Schedule I, Normal Cost Calculated Administrative Expense (1997 Reporting Form Adm. Exp. Subtotal Lines 13+14+15 x 1.035) 13 $ 9JI:58 14 $ ..r.~_ 15 $ ---L!L~ 16 $ t, S" 76tp ; L. p. Minnesota State Aid $ 1/.2.. I In 2... q. 5% of line 5 $ ';;"7 t/69' Total Subtracllons (subtotal of Lines p and q) Municipal Contribution (line 16 minus line 17) (If 0 or negative, there is no municipal contribution) 17 $... 0~ r-:9' I ' 1~?~_~ ?~ 4.2-~!~'~ __r __ You must certify to municipality before August 1,1998, eve If no contribution Is due. Section 5 ~ Test for Maximum Benefit Allowed Calculalion of A verage special fund income per member * Received or Receivable A B D A+B+C D E last year 1997 U~~1996 ~~5 ago 199? Total column E divided by 3 . G. Maximum Pension Benefit under statute $ t Look up the result of F on the table (page 7 in the instru tions) to obtain G. t This is your maximum benefit this year. You cannot ine ease benefits beyond this amount. Page 4 11,,~ I Form.1C-98 PLAN~~ 3Sh . . SCHEDULE 1-/1 FOR LUMP Sl M PENSION ..&lU\,..c .. , REPORTING FORM ~EAR 1998 _..~~..~~-~.__., ~_._~.. -~-~,~,..._. , ST~~ AID Y EAR 1999 .ighters Relief Association of --?~~ ~. '- County of tUr"cJh-r t7 SCHEDULE ..! Computation of benefit of relief association special fund (at $ J q::z < per year of service) for all members based on their yea of seNiee as active fire department members. '. 1 2 3 4 5 6 7 1998 1999 F.D. To End of This Year To End of Next Year Name Age Entry Date Y ears ~ ctive Accrued Years Active Accrued Month ;. Year Serv ce L1abllltv Service liability ~ _... '. 51 ',/ '13 2< 1. T. Farnum 3 -J "()f\ {O p..7 <I 775 2. J. Mo r'r' e 11 C;_~ .< ::~; 75" J).. .; J./C,;J. 00 ft.S- ~/ff /.2.r 3. S. Douglas ilf, 3 7(P :7-. 3 U(/)./~ .:J..~ ~ , ..). flO 4. W. LaBree J./:l. ..5 77 ~ J../:l ~50 c2.~ /:.( t/ J.- 7 S.' 5. M. Wallen '-13 S I;" 77 "2 , "';:1. ~<;o .)..3 ;'/l/ ,,;L 7 r;-" 6. J. Wein '-IS IJ- [if' 7i? ~ C> ~J? 50() "" I ~O '" :J. c;- f---- ~' 7. M. Johnson 'II .1 lit 01 j, ?:2 (".17 . I 9 3 <"'(97 8. M. Theisen LlI <' .. 92.. / 30030 /% 3.2 007 9. T. Leifert 3'1 ~ ,. 33 )< .. .1 .. t(' IA .., Ie. ,J.7 'I Jr 10. B. Fyle 'ID S':~ .. fti 1< 'J <;/07-- Ie.. .t 7 LtJ? .K. Stumpf ~c3 < ;. ?1Y I' 2. '1 79 L /S' ...2 t!;; /O:::L G. Host 5Y, In ,. 8s 1- .2t) ~-,7 1'/ ;2 2. 79 Z-_ ~ .. 13. --'L-..~remer 3S /:;2... ,; S"S I ? 1..., 1;'4';1 /'1 '2 Z 79' t..- .,. -. / g .SIC! ;2 c .S~ f~) 14. M. Simpson tl :2 I ~;; rf7 II " q 15. L. Larsen 3/ I 87 I, I ~ .Slq .J.:h 1 tl ~Cj jjJ Total from Pages 2a and 2b . "{71 0 ~}?: , "-/0 3/9 .. DEFERRED '" r') C) II-I <' c,. {11!":;,5 Total of Deferred Pensions, \M~~~fit~i~:;f1;1i If Any, Total from page 2 31 Co ~I '5.-:);2.../.:) Total Unpaid Installments, !l!;'lf"~"" """",-'" l':,. it~"J}iA"U.\'",,~,i<' If Any, Total from page 2 ~/{'/;:;!i~';:\:~'X;:i':~";:~ Total of Early Vested Pensions 'lf~I~~Ji.~~%rtjt~f: If Any, Total from page 2 A. Accrued liability Through Next .., ",.,:",.,.'.~,.t~~~~;N:~l ~ '671 371 1999 (total. column 7) I:".::.", . 'e.' Year ---------_....._--.._~---_._---------> ,.,;:,:,." B. Accrued Liability Through This ~,;7';'" ~"1/177(P ~~":;""" . Year 1998 (total. column 5) n....______.....___> ..' f------'---. C. Subtract Line B from 5" 5' 5'15 Line A (normal cost) Fractional Years of service must be calculated to nearest full year. jJ l'G~~ .\ r! .00 not enter liability In Columns 5 or 7 for any person who will receive entire pension during this year. Enter this pension amount on Schedule II, Section 1. Line g. For installment liability, enter amount which will be payable after end of this yew in both column 5 and column 7. If interest is to be paid on unpaid pensions, add interest for 1 year I column 7. A copy of these schedules must be presented to the City Council b fore August 1 each year. Page 1 11-S- SCHEDULE I - ADDITIOI 1 . AL MEMBERS r . 1 2 3 4 5 6 7 1998 1999 . F.D. To End of This Year To End of Next Year Name Age Entry Date Year Active Accrued Years Active Accrued Month ' Year Se rvice . Liability Service Liability Regular Pensions 1. N. Kranz ::1,/ S' ~7 J:2..... I~ 519 /3 .;20 <:"tf( 2. S ".<lm....1".....n 31 II ' fl7 'J If,.. ,,/7 1.2...... JJ 5/0,- 3. B. Stumpf .":3.5 7 rr8 'I') lit~3() /1 /(~ c:/7 4. J. Michaelis 31 I ".,( 16 9 / ~ ~.A I II) 1'1 C 3Q 5. G. Sangteby 33 !; i3 ~ 7?f9~ '7 '7~"" I 6. R. Lymer 31 5 > 0=,3 0 7293 -7 9 '17/ 7. J. Kranz 31 5 ,:, i'~ " '7993 7 0,47/ ~< T. Johnson 3;;... S ,. '7..3 I{" /;9~ '1 9Lf7/ 8, ,,' .' 9. S. Joerg 31 /6 9<1 q .r-l\ CiS: C (" 1130 f-------,.---.-.- If , S o~ ~<""'" &~30 10. P. Drew 33 10 ( ? <( .s .' 11. R. Volbrect L(:L. / '. ;0 it. II () g '% '7 /2.~ ;;2..J 12. L; Dahlheimer 3/ .s- . 7(.., :J .~ fA':;)? 1.-/ <" Od.S' 13. S. Hanson ~" S 7f.p 3 ?t:....oI ,,/ Soc. ____ ..,- 14. 0" 15. " / 2.. Z. 1.(7-; - //,/"2, 8"19 Subtotal of Reaular Denslon lIab IIty (or paae ~ ) Sep ration DeferreCl ueTerreCl Name Age Entry Date o[ ate Pension Pension Deferred Pensions 1. I- 4. 5. 6. 7. 8. Subtotal of Deferred Pensions Unpaid Installments 1. 2. Subtotal of UnDald Installments Early Vested Pensions 1. 2. , 3. 4. 5. 8. Subtotal of Earlv Vested Pensions Page 2b '1-~ ____on ------ ---.- ..--...---"..... ". - Section 1 Schedul II Determination of Projected et Assets for the year ending December 31. 1998 :JS-' .cial Fund Assets at December 31,1997 (See Ending Assets in Reporting Form - 1997) Projected Income to December 31,1998 a, Minnesota State Aid $ (Use 1997 amount, exclude supplemental) b. Municipal (independent fire) Contributions $ c. Donations (List ) $ d. Interest and Dividends II.) . /Jut< ~.q7 % $ e. Net appreciation (depreCI~n) in fair value of investments $ f. Other income (Includes Supplemental) $ (List - ) Total Projected Assets plus Income December 31, 1998 (line 1 + line 2 Projected Disbursements through end of year g. Pensions (If listed here, don't include on Schedule I) $ h. Other benefits $ i. Administrative $ Total Projected Assets at end of year (line 3 minus line 4) atlon 2 1 $ 'l~s 7,2'( 2 $ (f~ CIS"! 3 $ 51f.(i (,.,gf 4$ IS-a() 5 $ ~tfJ)t I g( Determination of P 'ected Surplus (Deficit) as of December 31, 1998 Projected Assets (line 5) 1998 Accrued Liability (line B, Schedule 1) Surplus or (Deficit) (Subtract line 7 from line 6) · Go to SectIon 3 If Surplus Section 3 Normal Cost (Line C, Schedule 1) · 0 to SectIon 4 If DefIcIt 6 $ 5 t-/ J! ((~ I 7$ 031,71& 8$ (83.515) ...... ~..-'" Determination of Municipal Contribution (if Surplus) x 1.035) Calculated Administrative Expense (1997 Reporting Form Adm. Ex . $ Less: j. Minnesota State Aid $ k. 5% of line 5 $ I. 10% of line 8 $ Total Subtractions a,icipal Contribution (line 9, piUS 10 minus 11) .. ~ 1,00 or greater, certify to municipality before August 1, 199 , If negative number, no contribution .Is due. .. . .W'"i'!ie!."'rI"b'illMili1Jii;;i.ikl-rirtUiDlii::+e.. .,...... ,'. :.'" :l....,~.;:.:~~~.:'~;~~;:~,~~.~~t~r~~_~,.~~~m! ;~_r.~~J!~F~,!~.. :,:'~~~i~.'~;t. _ Page 3 9$ 10 $ 11 $ 12 $ 1'7,,7 l ( c... tiectlon 4 Determination of Municipal Contribution (if Deficit) Amortlzetlon of Deficits. . Year Incurred Column 1 Column 2 Amount Retired In Prior m S 3S?.sC:ectlon 2, line 8) " '. ::',. ,1 n. il9 9 n (Column 3 Subtotal) New Idd"Oefloll (1998) (, ,,~_'~',;;';~:i':';'-~'" 3 7 o. 5~~ (,10 (n. minus 0.) Totals I c>:l. :3 ~G uJ}L2~ ~ , - ~ Step # 1 If line 0 Is positive, enter line 0 In colUmiiS1~and 3 of N.w additional Deficit (1998) line. (This Is your New additional Deficit for 1998.) Step # 2 If line 0 Is negative. reduce columns 2 and 3 according to Deficit Reduction in the Instructions. Amortization of Deficit (Total from Column 1 I (-.,:? . --l t 0 x ,10) I Total from line C, Schedule I. Normal Cost Calculated Administrative Expense (1997 Reporting Form Adm. Exp. Subtotal lines 13+ 14+ 15 . p. Minnesota State Aid $ q. 5% of line 5 $ x 1.035) 13 $ /6 ?. 5~ 14$SS;~~~ 15 $ _ Jt( 0 ~ 16 $ 10 7 ;J..;S 1(2. J;y.?.... , . ;t7'~ t Total Subtractions (subtotal of Lines p and q) Municipal Contribution (line 16 mInus line 17) (If 0 or negative. tllere Is no municipal contribution) 17$~<Q9 59/ , ' 18$..2 1'S~ , You must certify to municipality before August 1, 1998, ev n If no contribution Is due. Section 5 - Test for Maximum Benefit Allowed . G. statute $ D A+B+C D E Calculation of A verage special fund income per meml!er * Received or Receivable A B last year 1997 2 ears ago 1996 t Look up the result of F on the table (page 7 in the inst ctions) to obtain G. t This is your maximum benefit this year. You cannot. rease benefits beyond this amount. Page 4 I ry .... 8 FOfl1) 5C-9B SCHEDULE I~IJ FOR LUMP SL M PENSION PLANS REPORTING FORM IEAR 1998 STATE FIRE AID Y AR 1999 .fighters Relief Association of t1f "" .I.. u /1 ^ County cl SCHEDULE I Computation of benefit of relief association special fund (at $ ,lq4)"('\ per year of service) for all members based on their year of service as active fire department members. tJ) 1',' '1 A -r t] 2 3 4 5 6 7 1998 1999 F.D. To End of This Year To End of Next Year Name Age Entry Date Years r ctive Accrued Years Active Accrued ~ Service Liability Month~. Year Service liability u _... .".. . 51 ~ '/3 ..z. ~ " 1, T. Farnum 3 SO I 7t"lr'1 ,p.7 "\ d c.. "'\0 J. Morrell ~-< .< .} ;.. .; tic. ~O 0 2, " 75' ftS- tj) 750 3, S. Douglas I./t.- 3 7(P )... 3 I/~~ ..:J..~ ~c, /?ro 4. W. LaBree "/:1. .5 77 J- 4,2 900 ~3 1-/ t/ jf .s--d 5. M. Wallen LI3 S " 77 '-1;1 :;?6b ...J~osO ." ~. ' ,,2..3 '-15 /:2- " 7?? 37060 .J.. I ~J. Wein V ~o ~/D '7so " 7. M. Johnson LlI .1 " g/ /. -:;;"";? III I 9 -2,< '7S-8 8. M. Theisen '-II <" . 92.. I 30 '/.;( 0 /11 33 II ) ", 9, T. Leifert 3~ h 33 ) <" ;)-bt-f;...1 Ie, ~1 o~ ~ 10. B. Fyle 4() 5"'; ;;,1 1<' ~ ..; "IM Ie.. ;? 7 /?if 0- .: K. Stumpf '30 C. yy Ii d,2, ()8!( IS 8-51 1'.)..? G. Hos t 3~ , Zs 1- :J-O ,1(".< 1'/ ?z,()8rf In f--- -. 13. ..1..-.-,B r erne r 35 I?- i! ,?S I 'l fi--n ,RC"S- 10/ -:;. ~ o)J;;( r--- 14. M. Simtlson l/2 / . ,17 / "- / ~ 75''1 /1 ~.?\ f( P '5/ 15. L. Larsen 31 / 87 /, /8 7.5"1 /.$ "21'\ ;''{o ~ Total from Pages 2a and 2b I J/R,3 t7.1 5/~ 'ISIf .. DEFERRED Total of Deferred Pensions, If Any, Total from page 2 Total Unpaid Installments, If Any, Total from page 2 Total of Early Vested Pensions If Any, Total from page 2 A. Accrued liability Through Next Year 1999 (total, column 7) _m___m__mm____m____________> B. Accrued Liability Through This Year 1998 (total, column 5) C. Subtract Line B from Line A (normal cosn ----..--------------> ~f~i::f:~i,;':<:::..?;:r'''''~.., ~;,,,~.: :~:~~...:till,~.1;.,~,..,. ~I.:.;~:~.\'. ~~.i~~f,f;i~~.;~:~:;.~r:}~:,%:.i~:~,,); t~~~~~1t~;1:~i:j,i;~~,;'t :ttMj:)~;~1~!1~\[:~;~~~ . ,c..,",,, c .....;"'.."'.''f' "i.'.I ',"~-';,": ." ?Yi~Li~~~~~g'i';}if y.::~<~." .......;;: ,.... 3/ ,,~/ 332../3 <0 o/~ 87/ " 37:5iP3 I 5-~ 3o,g Fractional Years of service must be calculated to nearest full year. .00 not enter liability In Columns 5 or 7 for any person who will reCE ive entire pension during this year. Enter this pension amount on Schedule II, Section 1, Line g. For installment liability, enter amount which will be payable after e d of this yea~ in both column 5 and column 7, If interest is to be paid on unpaid pensions, add interest for 1 year n column 7. A copy of these schedules must be presented to the City Council tefore August 1 each year. . Page 1 11- '1 I SCHEDULE I - ADDITI( NAL MEMBERS I 1 2 3 5 6 7 1998 1999 F.D. o End of This Year To End of Next Year Name Age Entrv Date Yea rs Active Accrued Years Active Accrued Month;, Year Service . liability Service Liability ReQular Pensions 1. N. Kranz _1/ S' ' 1(7 2. /9 ? ,9 /3 ;}. 0 8GS- 2. s "",m""1",,n .37" II f{7 /1 71:'72..} /:l..... / ~ 7S'1 3. B. Stumpf _'3.5 7 <f8 /1'1 /1-1 >r ~ (\ /1 II,. 7:i? ) 4. J. Michaelis 31 I ;.,'( 70 9 /2 qRt /0 IL/K.;2.a 5. G. Sangteby 33 .5- ,/3 (D 79'9? rJ 9sr~ 6. R. Lymer 31 S "; "'13 0 "'74' q-? 7 9Sq~ 7. J. Kranz 31 5 i.~ ~ ryqt;<- 7 9 ~.iL( 8, T. Johnson 3;J.... S ,. '7.3 (" '7~ ~ '1 9S'?t/ "f 'i". "5' 9. S . Joerg 30/ /6 9</ i../ ~C7D C ~S/~ -.....--,..---.-.- 33 i.. L/ 10. P. Drew 10 ,. ? ,/ Sd70 .5 C._"(L~ 11. R. Volbrect L/;l... I 70 it Fi '].3d ? /.;z9?7 12. L. Dahlheimer '3/ S"" 7(. :3 770? ~ ..,670 13. S. Hanson .;;!~ S 7rp 3 '37d~ '--7 ~-1'I71'1 14. ,. 15. 1'1./051 NS 70{ Subtotal of Regular pension lIab IIty (or page !m ~e aralion "U"eTerrecf ueTerrea Name Age Entrv Date Date Pension Pension Deferred Pensions . 1. 6'41) tJ).A )J.. ,. "'" ",. 47 ;;'./79'. tj 19Y 3/ b ~/ 33 ~/_1 It II . 4. 5. 6. 7. 8. Subtotal of Deferred Pensions Unpaid Installments 1. 2. - Subtotal of Unpaid Installments Early Vested Pensions 1. 2. 3. 4. 5. ~ Subtotal of Early Vested Pensions Page 2 17,,1 ----..-----.., - . _....._ _...u._...__. ...___ ._____ I -- .---.....---..--.-- o Section 1 Determination of projected Net Assets for the year ending December 31, 1998 Schedu e II IvSd Projected Assets plus Income December 31, 1998 (line 1 + linE 2) Projected Disbursements through end of year g. Pensions (If listed here, don't Include on Schedule I) h. Other benefits I. Administrative Total .edal Fund Assets at December 31,1997 (See Ending Assets in Reporting Form - 1997) Projected Income to December 31, 1998 a. Minnesota State Aid (Use 1997 amount, exclude supplemental) b. Municipal (Independent fire) Contributions c. Donations (List ) d. Interest and Dividends (0 y AV~I 8. f 7% e. Net appreciation (depreciaticfu) In fair value of Investments f. Other income (Includes Supplemental) (list. ) Total Projected Assets at end of year (line 3 minus line 4) .ctlon 2 1 $ tfrp.S.7ii!1 r - $ (;J., 1?:2... $ $ $ =- eJL775 $ $--- 2 $ R 3 I 9 ('7 3 $ c:; '/9, I- fI, I $ $ ;)60 $ 1~(.)6 4 $ 1500 5$ ~I/(fl!tl Determination of Projected Surplus (Deficit) as of December 31. 1998 Calculated Administrative Expense (1997 Reporting Form Adm. Exp. $ Less: j. Minnesota State Aid k. 5% of line 5 I. 10% of line 8 Total Subtractions Projected Assets (line 5) 1998 Accrued Liability (tine 8, Schedule 1)' Surplus or (Deficit) (Subtract line 7 from line 6) · Go to SectIon 3 If SurplUS Section 3 Normal Cost (Line C, Schedule 1) $ $ $ 6 $ 54gllRI 7 $ (c, 3 9 5(".3 I 8 $ Cry II 3 a ~ · Go to Section 4 If Deficit Determination of Municipal Contribution (if Surplus) x 1.035) 9$ 10 $ 11 $ 12 $ .lciPal Contribution (line 9, plus 10 minus 11) _ 1.00 or greater, certify to municipality before August 1, 998, If negative number, no contribution Is due. . .' ","i';,; .~tt)J~$.~:~T;tl\f~:~ ~t\~P.'~o..Mp.U~r~L~.,../. Page 3 I?"I/ ....J--I tiectlon 4 Determination of Municipal Contribution (if Deficit) Amottization of Deficits. Year Incurred Column 1 Column 2 Column 3 Amount Retired In Prior Amount Left to Retire. -.!L7--~ . -~ U il ~J'~ ~ O. .("1 "'\ . . "....- .-....--. New .dd" Oellclt(1998) to /. t/" S- ~t~' .~t'..; ,;..,;;.;\;.~;:;;;':: Totals /0 I /(p 1 ~ !18s-' Step # 1 If line 0 Is positive, enter line 0 In columns 1 and 3 of (This Is your New additional Deficit for 1998.) Step # 2 If line 0 Is negative, reduce columns 2 and 3 accordin '.. '., . . ,;". '.; ,."". ,~, ~.:..r..! '. ~ ': .... .. m 1 / ~ 3 2 (section 2, line 8) n. ,:; 9 9/'Z..-.. (Column 3 Subtotal) o. (0/ ~'"6. minus 0.) ,~ to Deficit Reduction In the Instructions. Amortization of Deficit (Total from Column 1 110 ,/ CD 7 x .10) Total from line C, Schedule I. f\lormal Cost Calculated Administrative Expense (1997 Reporting Form Adm. Exp. Subtotal Lines 13+14+15 .innesota State Aid $ q. 5% of line 5, $ 13 $ l~t)f7 14 $ 5"(., Jot{ 35~ x 1.035) 15 $ I L/o 7. 16 $ ~8,7;1.7 r ~/'J.. /82- J-7J(07 Total Subtractions (subtotal of LInes p and q) Municipal Contribution (line 16 minus line 17) (If 0 or negatlva, tllere Is no municipal contribution) 17 $ ~ ~ 5:(j I ~~..~,.r 8~1- -rl-;CI!~c;">\ '-- - .-. _.....__..~. You must certify to municipality before August 1, 1998, ev n If no contribution Is due. Section 5 ~ Test for Maximum Benefit Allow~d Calculation of Average special fund income per member * Received or Receivable A B F. C % of D Active A+B+C D E last ear 1997 1995 . starute $ f Look up the result of F on the table (page 7 in the inst ctions) to obtain G. f This is your maximwn benefit this year. You cannot' crease benefits beyond this amount. Page 4 I 7 " I;)..... . 18. . /'fk \_ c) ~\ . Council Agenda - 9/14/98 A. REFERENCE A D BACKGR urs of covera ~ r 1999. (R.W.) The Police Commission recently met to re iew the proposed budget for the police department for 1999 and recommended th the City Council consider increasing the level of service from the present 24-hour per da coverage by an additional 4 hours per day starting in 1999. Based on the number of aIls for service and our growing population, it is the recommendation of the Sheriff s De artment that the City consider adding a second officer for part of a day, which would amo nt to an additional 1,260 hours per year after allowing for a 200-hour allowance we alre dy have built into our contract. The additional cost would amount to $53,655, d this amount was included in our 1999 preliminary budget figures that the Counci reviewed at our first workshop. Although this increase in coverage was not d in my budget memo previously, if the City is going to add these hours in 1999, the Co ty has to begin the process of staffing for this increase and would like to know as so n as possible whether the City will increase the hours as requested. Since we did not s ecifically discuss the police department budget at our first workshop, and the Coun y needs to have our request in writing soon, if the additional hours are going to remain in ur budget, I would like to confirm the request for the additional coverage as soon as possi Ie. B. ALTERNATIVE ACTIONS: 1. Authorize the increase in the level of service by an additional 4 hours per day as noted in our 1999 preliminary budg t document and notify the County of our request. 2. Do not authorize an increase at this ime and continue discussion of this item as part of our overall budget review. If a decision is delayed, there is no uarantee that the County would be able to staff up for an additional officer to eet our needs at the beginning of 1999. C. STAFF RECOMMENDATION: With the increase in calls for service being equired of the Sheriffs Department as our population continues to grow, it is my reco mendation that the level of service be increased by the 4 hours per day as already ncluded in our preliminary budget figure. D. SUPPORTING DATA: Summary of calls for service and comparis n with other cities in Wright County. :2 J "':;:><..7'... . . . ! Monticello Law Enj orcement Contract The city of Monticello began contracting law enforc ment services with the Wright County Sheriff's Office in October of 1971. In 1970 Monticello had a population of 1,6 6. The 1997 population estimate was 6,749. More than four times greater than 1970. In 1998 Monticello contracts for 24 hours a day law enforcement coverage seven days a week, plus an additional 8-hour shift on Friday and Saturday nights (416 tot 1 hours) from approximately mid April through mid October, and an additional 200 hours for discretionary use as eeded. The table below summarizes CaIls For Service, Crin es and Contract Hours since 1985. City of Monticello Calls For Service, C rimes, & Contract Hours 1985-1998 Year Calls for Service Crimes # of Contract Hours 1985 1100 238 6905 1990 2961 856 6905 1995 5303 1,102 9176 1997 5672 988 9376 1998 (thru June 30) 2757 591 9376 Future Contra ting Needs The Wright County Sheriff's Office recently contrac1 d the Police Executive Research Forum (pERF) of Washington D.C. to study the allocation of patrol deputies and help determine the adequacy of patrol coverage in the county. The study examined the period from June 1, 1995 thr ugh May 31, 1996. The chart below shows the percent oftime during each hour of the day that the Monticello squad i tied up on calls. Hours approaching 50% give the deputy very little time for proactive/preventive law enforceme 1. MONTICELLO 1 HOUR MON TIJE WED HU FRI SAT SUN 0 21% .18% 30% 13% 24% 29% 17% 100 25% 18% 23% 23% 12% 28% 38% 200 17% 15% 32% 11% 8% 38% 36% 300 18% 13% 33% 1 % 10% 33% 15% 400 13% 5% 20% 1 % 7% 19% 9% 500 4% 3% 5% % 7~'O 13% 7% - 9% 4% % 3% 13% 4% 600 4% 700 9% 18% 9% 2 % 5% 17% 3% 800 20% 42% 23% 3 % 23% 17% 10% 900 31% 42% 32% 2 % 30% 27% 7% 1000 38% 45% 28% 3 % 45% 40% 18% 1100 40% 42% 30% 3(% 45% 47% 23% 1200 29% 56% 31% 4( % 42% 48% 33% 1300 26% 64% 33% 4€ % 2-0~ 33% 25% , ,0 1400 23% 27% 25% z.:: % 15% 24% 12% 1500 22% 26% 25% 2 % 17% 29% 13% 1600 30% 36% 37% 31 Yo 26% 43% 11% 1700 47% 35% 31% 35 fa 30% 35% 19% 1800 45% 42% 50% 32 Yo 23% 22% 27% 1900 21% 38% 40% 27 Yo 21% 17% 34% 2000 17% 35% 23% 28% 18% 12% 35% 2100 19% 28% 40% 40% 26% 20% 18% 2200 18% 21% 32% 16 0 17% 20% 20% .2300 12% 23% 18% 19 0 28% 28% 16% (i-- -. .. --..-.. -- I . . . Wright County Calls for Service i& Population Comparison 1997 CitvlTownshiv* Calls for Service PODulation CFS/VOD, (1996 estimate) Albertville city 1,418 2,366 0.60 Albion twsp. 334 1,152 0.29 Annandale city 1,581 2,412 0,66 Buffalo city 10,617 9,114 1.16 Buffalo twsp. 1,001 1,560 0.64 Chatham twsp. 351 1,014 0,35 Cleanvater city 759 732 1.04 Cleanvater twsp. 438 1,267 0.35 Cokato city 1,583 2,367 0.67 Cokato twsp. 549 1,151 0.48 Corinna twsp. 993 2,276 0.44 Delano city 1,996 3,125 0.64 Franklin twsp. 1,005 2,963 0.34 French Lake twsp. 306 1,022 0.30 Hanover city* 429 864 0.50 Howard Lake city 934 1,628 0.57 Maple Lake city 948 1,441 0.66 Maple Lake twsp. 1,012 2,091 0.48 Marysville twsp. 991 2,065 0.48 Middleville twsp. 413 936 0.44 Monticello city 5,922 6,334 0.93 Monticello twsp. 1,994 4,212 0.47 Montrose city 842 1,026 0.82 Otsego city 2,826 6,391 0.44 Rockford city* - 2,220 2,594 0.86 Rockford twsp. 1,233 3,581 0.34 Saint Michael city 2,934 6,875 0.43 Silver Creek twsp. 916 2,112 0.43 South Haven city 170 201 0.85 Southside twsp. 797 1,309 0,61 Stockholm twsp. 318 809 0.39 Victor twsp. 419 1,134 0.37 Waverly city 540 638 0.85 Woodland twsp. 580 1.168 0.50 'Wright County portion of the city only . /g, - --- - - -.--. -- --. d-- . . . Wright County Calls for Service & Population Comparison 1997 Citv/TownshiD Calls for Service* PODulation CFSIDOO. (1996 estimate) South Haven city 170 201 0.85 Frenc:h Lake twsp. 306 1,022 0.30 Stoc:kholm twsp. 318 809 0.39 Albion twsp. 334 1,152 0.29 Chatham twsp. 351 1,014 0.35 Middleville twsp. 413 936 0.44 Vidor twsp. 419 1,134 0.37 Hanover dty. 429 864 0.50 Clearwater twsp. 438 1,267 0.35 Waverly dty 540 638 0.85 Cokato twsp, 549 1,151 0.48 Woodland twsp. 580 1,168 0.50 Clearwater dty 759 732 1.04 Southside twsp. 797 1,309 0.61 Montrose dty 842 1,026 0.82 Silver Creek twsp. 916 2,112 0.43 Howard Lake dty 934 1,628 0.57 Maple Lake city 948 1,441 0.66 Marysville twsp. 991 2,065 0.48 Corinna twsp. 993 2,276 0.44 Buffalo twsp. 1,001 1,560 0.64 Franklin twsp. 1,005 2,963 0.34 Maple Lake twsp. 1,012 2,091 0.48 Roddord twsp. 1,233 3,581 0.34 Albertville dty . 1,418 2,366 0.60 Annandale dty 1,581 2,412 0.66 Cokato dty 1,583 2,367 0.67 Monticello twsp. 1,994 4,212 0.47 Delano city 1,996 3,125 0.64 Roc:kford dty. 2,220 2,594 0.86 Otscgo dty 2,826 6,391 0.44 Saint Michael dty 2,934 6,875 0.43 Montic:ello dty 5,922 6,334 0.93 Buffalo city 10,617 9,114 1.16 · Wright County portion of the city only IR , ...-- --- -. -- - 3 . . . Monticello Schools Calls :jor Service 1997 & 1998 The student population for the Monticello School District is approximately 3,600 students. This is more than half the size ofthe city of Monticello (6,749 population according to the 1997 estimate). During the school year, in particular, one can expe ct a number of calls for service to originate from one of the schools in the Monticello District . Students and teachers are potential victims and suspects of crime as well as the general popu! tion. If the deputy ends up spending an excessive amount of time at the school for variou s problems it can take away from the coverage that the city is expecting. The charts below list the calls for service for the 1\ onticello School District during 1997 and in 1998 from January 1 through July 17. Monticello Schools C lis for Service 1997 School Calls for Service High School 104 Middle School 53 Little Mountain 17 Pinewood 21 Total for all Schools 195 Monticello Schools Calls for Servic Japuary 1 throu2h July 17,1998 School Calls for Service High School 71 Middle School 33 Little Mountain 8 Pinewood 17 Total for all Schools 129 J~ -' ---.. ..... .----------- ----.. ..-.--- If . . . I Wright County Calls for Service ~ Population Comparison 1997 CitvlTownshio Calls for Service Pocmlation CFS/ooo * (1996 estimate) Albion twsp. 334 1,152 0.29 French Lake twsp. 306 1,022 0.30 Rockford twsp, 1,233 3,581 0.34 Franklin twsp. 1,005 2,963 0.34 Clearwater twsp. 438 1,267 0.35 Chatham twsp. 351 1,014 0.35 Victor twsp. 419 1,134 0.37 Stockholm twsp. 318 809 0.39 Silver Creek twsp. 916 2,112 0.43 Saint Michael city 2,934 6,875 0.43 Corinna twsp. 993 2,276 0.44 Otsego city 2,826 6,391 0.44 Middleville twsp. 413 936 0.44 Monticello twsp. 1,994 4,212 0.47 Cokato twsp. 549 1,151 0.48 Marysville twsp. 991 2,065 0.48 Maple Lake twsp. 1,012 2,091 0.48 Hanover city* 429 864 0.50 Woodland twsp. 580 1,168 0.50 Howard Lake city 934 1,628 0.57 Albertville city 1,418 2,366 0.60 Southside twsp. 797 1,309 0.61 Buffalo twsp, 1,001 1,560 0.64 Delano city 1,996 3,125 0.64 Annandale city 1,581 2,412 0.66 Maple Lake city 948 1,441 0.66 Cokato city 1,583 2,367 0.67 Montrose city 842 1,026 0.82 Waverly city 540 638 0.85 South Haven city 170 201 0.85 Rockford city* 2,220 2,594 0.86 Monticello city 5,922 6,334 0.93 Clearwater city 759 732 1.04 Buffalo city 10,617 9,114 1.16 .Wright County portion of the city only J~ .",. -..-.-- ..--- -- ....----...-- s- . . . I i Wright County Calls for Servicl' & Population Comparison 1997 CitviTownshiCJ Calls for Service POCJulation* C FS/CJoCJ. (I996 estimate) South Haven city 170 201 0.85 Waverly city 540 638 0.85 Clearwater city 759 732 1.04 Stockholm twsp. 318 809 0.39 Hanover city. 429 864 0.50 Middleville twsp. 413 936 0.44 Chatham twsp. 351 1,014 0.35 French Lake twsp. 306 1,022 0.30 Montrose city 842 1,026 0.82 Victor twsp. 419 1,134 0.37 Cokato twsp. 549 1,151 0.48 Albion twsp. 334 1,152 0.29 Woodland twsp. 580 1,168 0.50 Clearwater twsp. 438 1,267 0.35 Southside twsp. 797 1,309 0.61 Maple Lake city 948 1,441 0.66 Buffalo twsp. 1,001 1,560 0.64 Howard Lake city 934 1,628 0.57 Marysville twsp. 991 2,065 0.48 Maple Lake twsp. 1,012 2,091 0.48 Silver Creek twsp. 916 2,112 0.43 Corinna twsp. 993 2,276 0.44 Albertville city 1,418 2,366 0.60 Cokato city 1,583 2,367 0.67 Annandale city - 1,581 2,412 0.66 Rockford city. 2,220 2,594 0.86 Franklin twsp. 1,005 2,963 0.34 Delano city 1,996 3,125 0.64 Rockford twsp. 1,233 3,581 0.34 Monticello twsp. 1,994 4,212 0.47 Monticello city 5,922 6,334 0.93 Otsego city 2,826 6,391 0.44 Saint Michael city 2,934 6,875 0.43 Buffalo city 10,617 9,Il4 1.16 *Wright County portion of the city only J&'" .- n .- --.- .--. -- -.-..- --.... _n. --- v . 19. . . Council Agenda - 9/14/98 A. REFERENCE A D BACKG In 1994, the City budgeted $6,500 to fence hree sides of the water tank site on the Monte Club hill to secure the area from vandalism We had made an agreement with the adjoining property owner, Kenny Schultz, t at he would fence the remaining westerly side, as it adjoined his property. During st ffplanning sessions for the fence installation, it was determined that we should hold off the fencing, as we may use the property in the future for park purposes. The public w rks department was concerned with not securing the property but decided to wait t see if the property was indeed going to be used in the future as a park. The water tank site has been used many ti es over the past few years by unknown individuals for beer parties. The remnants f these beer parties have been cleaned up by public works employees. This year the wa er tank security itself was breeched twice with individuals accessing the top of the tank. he last time someone had attempted to remove the red lights from the top of the tank, but e found no evidence that they had cut the padlocks on the upper hatches and put anyt ing into the tank, which could have catastrophic consequences. During a recen staff meeting, it was suggested again by the public works department that we fence off portion of the property and secure the water tank site itself. This would, however, cut i to the available land that could be used for park purposes. It was, consequently, brou ht up during one ofthe meetings that maybe we should acquire some additional land for park purposes. This would allow us to fence a portion of the site around the tank and al 0 have a park. City stafftook this proposal to the Parks C mmission at their last meeting, and they unanimously recommended the purchase 0 4 additional acres to the west of our existing water tank site to be purchased for park poses. We would then have a total of9 acres and could fence off about an acre for the t site. This would make our property contiguous with the acreage owned by Bru e Gagnelius and contiguous on one comer with the Monte Club. The 4 acres propose for park is heavily wooded. After the meeting with the Parks Commission, I spo e with Mr. Schultz concerning the purchase of the 4 acres. He indicated there were some rawbacks for him in selling off the 4 acres, as it would reduce the amount of property he ad left on the north side of the hill to less than 20 acres, which may put him in a different ax bracket. He, however, discussed the sale with his children and would agree to sell it to the City of Monticello. The last sale that Mr. Schultz had was the area to the north 0 the water tank site, which is below the hill, sloping, and is unforested. This land was old for $12,000 per acre. Since the land on top of the hill is heavily wooded and woul be more valuable, the purchase price would be some place between $12,000 and $20,0 0 per acre. I discussed the possibility of obtaining an appraisal ofthe property, and r. Schultz was not in favor of that, indicating that you could spend money for appraisals hat would be above and below, and he would prefer just to negotiate a sale price with th City of Monticello that is fair to both parties. ,,33 . Council Agenda - 9/14/98 The funding for this purchase will come fr m the $23,500 park dedication due this week from the Wildwood development, the $32,000 from the River Forest development, and the remaining funds from reserves until th y can be paid back from future park dedication funds. B. ALTERNATIVE ACTIONS: I. The first alternative would be to a thorize City staff to negotiate a purchase price for 4 acres of park land on the Mo te Club hill as shown on the enclosed map, with the final agreement brought b ck before the City Council for their approval. 2. The second alternative would be n t to consider purchasing park land on the Monte Club hill. c. STAFF RECOMMENDATION: It is the staff recommendation and recom endation of the Parks Commission that the City Council authorize negotiation with r. Schultz as outlined in alternative # I. It is our opinion that with this additional prope y, we could fence off the I-acre immediately around the tower, satisfy the insurance co pany, protect our water supply, and still leave ample room for development of a nice par system on the hill. . D. SUPPORTING DATA: Copies of various maps of the site; Copy f letter from Berkeley Risk Administrators regarding the security at the water tank sit . . ~31 . g,j,6'1 'O..:...:~. -.JAL /4 oJ . ,.. '" - ~ . .50.13- 5 ':: ~ HILLS .~ :2-J~,M) or o \ ~ :\ 60 ~ 9 ISr..H 10 /50.7:.5 ~ ~'~II 3 ~ i "! ISO,CI) <7, " II ~ W g ..J o ~ r-< a:: l' o 12 1:;(>.1>0 13 1.50,03 '" ~~.~. - D. ...l... Q;- J.....'?' .);-0 0' v ........1 , 1-1 I 19 a:: 5D !: I, >- I- Z ~ o u 1-1 :r: 19 0:::: ?; C <II CITY "'J ,----.. -;1 It- ~) '" .. w. ~. . . t.9 Z Z Z W l.L w Z ..., ... - ~: ~. ~. .- '" 0; r r I rt Q.'< '" N.E. : '" 2 2 ":J \0 00- " ~ ~ 00022\ R surrection Church Site 10(, Kenny Sc ultz Prope y 134405 1 44.1 Methodist Church Site \ ~tj~ -t (0(, . - -- - -3~'1.S0-* 4'\S .-............'- Bruce Gagnelius !::-'(:, Existing Property ,,'Ii Water Tank Site ?!:- q,'Ii 0 ~ 0 0'(:, 0e, 0 134400 '" 134403 ~ '0 0"" rJ ... It> ~ ~Ifi ~o Monte Club 4 'I!' ... - ( l~O ':. '1)5,5 ,q,,/ C-// -- L/ ~ -I - . . . SEP 11 '98 11:43AM CITY OF MONTICELLO ~ Berkley Risk Services August 12, 1998 Mr. Rick W olfsteller Administrator City of Monticello P.O. Box 1147 Monticello, MN 55362 Dear Mr. W olfstcllcr: P.1/2 . ,0",",. This letter confirms my recent visit and subsequent oss cOlltrol survey of cerrain premises and opentions at the City of Monticello. .A1J you are a e, this wu in conjunction with the city's participation in the League of Minnesota. Cities Ins ce Trost property I liability and workers' compensation program.. The purpose of my visit was 0 8S$ist the city in the reduction of potential loss tbrough loss control and risk management activ'ties. During my loss control survey, I did have several r commendations for loss control purposes. These recommendations are as follows: ............, 1-8/98 When employees are working around w t well lift statioDS with submersible type pumps. the pumps are often pulled up On . s for maintenance and repairs. In addition, cleaning is accomplished from the ground level or employees are s.ometimes attended by backup personnel on the ground level. These employees should be protected by a railing at a height of 42 inches with mid- . and toe board if they arc not tied off with a full body harness and anti.falllanyard, . railing should be designed to withstand a 200-pound side tluust and could be a empoI'31j' railing which is mounted in the cement foundation surrounding the lift sta . on hatch opening. 2-8/98 I noted that vehicle traffic is entering the w ter tower area On the east end of Monticello through the wooded surrounding property Apparently, individuals have attempted to tamper with the covers on the access tches for the water tower and may have attempted to climb the ladder Inside the atef tower ladder access. The city should consider fencing off this access area to co trol vehicle traffic and personnel traffic in this area. This would warn individuals t the city does not want persons driving through the water tower area or parking' this area and tanlpexlng with the equipment such as the water tower access hatches. . ~" 3-8/98 Confmed spaces such as lift stations, moles a.nd the city watt'! tower should be classified as to their level of hazard base on the Minnesota Confined Space Entry Batley Ib.k W; 920 Second A~~ South, Suite 700 . ~Iis, Minnesota S 402-4023. (612) 37li.42oo · Fax: (612) 376-4199 /q -'I ,& Council Meeting - 9/14/98 . \q~ A. REFERENCE AND BACKGRO In preparation for these improvements we hav placed $30,000 in the budget for an overlay of the downtown parking lot in Block 34 near t e old water tower. In addition, we budgeted $69,000 over a period of three years to com lete the parking lot for Freeway Fields along 1-94 in Meadow Oak. .Plans and specificatio s were prepared by WSB and the bids were opened at 1 o'clock this afternoon. I did not i clude this in your agenda packet as I thought the bids weren't due until Tuesday and the would be too late to arrive in time for this evening's meeting. . Three bids were received. The low bid wa received from Bauerly Brothers, Inc., in the amount of $66,3363 .25. This bid was appro imately $118.00 less than the second bid from Buffalo Bituminous. The breakdown ofBa erly Brothers' bid shows construction costs of $27,646.25 for the downtown parking lot 0 erlay and $38,717.00 for the Freeway Fields parking lot. While the bids are $2,600.00 nder the total budgeted amount and we will probably receive a small amount from Mo ticello Liquor for some paving behind their building, we expect to be slightly over budg t on the projects when we add the engineering and surveying costs. A copy of the maps showing both projects ar included for your review. In addition, a copy of the bid tabulation is also included. B. ALTERNATIVE ACTIONS: 1. The first alternative would be to a ard both projects to Bauerly Brothers, Inc. for their bid of$66,363.25, with the final contract cost estimated to be slightly above our budgeted amount of $69,000. Bot projects are to be completed by November 1, 1998. 2. The second alternative would be n award one or the other of the projects. C. STAFF RECOMMENDATION: It is the recommendation ofthe Public Work Director that the City Council move ahead with both of these projects and award a contr ct to Bauerly Brothers, Inc. in the amount of $66,3 63.25 as outlined in alternative # 1. . D. SUPPORTING DAT A: Copy of bid tabulation and project maps. \'\ ~ '" ... . . ~. t ':onstruction & Freeway Park Parkiltg Lo DowntowII Parking Lo t Overlays ; City Project No. 9 ~-21C City of MOIttice lit , MN Bids Opened: 1 :00 p.m. WSB & Associates, Inc. September 14, 1998 Project No. 1010.90 COli tractor Bid Security Total Bid North Valley, Inc. $ DMJ Corporation ' ,. $ Ie? 2 J (,$0,2.5 Buffalo Bituminous, Inc. $ t.? I t-/$ /. 7/5""' Bauerly Brothers, Inc. $ &?r 3?3. 25" Mid-Minnesota Hotmix, Inc. $ Hardrives, Inc. $ $ $ $ $ $ $ $ $ $ $ $ Engineer's Estimate $63,500.00 I hereby certify that this is a true and correct tabulation of the bids as received on September 14, 1998. City Engineer Michael N. Nielson, P.E. * Denotes corrected fig lire G.-IS,,,," F"......VJ/lJfAR. WI'l . J I PIUWOSAl FORM Of)WNTOWN rARKJ/IlG I.OT OV[ltLA YS 8< f'lu:nv A y r ARK r AR Kli"/(; un CONSTRUCTION !\I0T(CELlO CITY rRo.,.:cr NO. 98-21C Project 1 of 2 Downtown P~rklng Lot Overl"y Project ITEM SI'EC SellED Df SCRIPTION ^. SlJRFACE IMPROV~:MF.NI S I 2JJ 1.52 1 'A: HITUMIN01JS IUil'AIR 2)) 1.508 ^ JrE 41 Wf.ARING Cl)tlR~ M XTURF.: 2 ) 2])1.514 ^ T' rE J' BASI; COUR.'5f' M XTlJRf. 27-32. ~(ll A M LJ. HITIIMINOlJS SI1RF1CI-: (2' I . , 2357.502 ^ 81, UMINOUS MATERIAL FOR T4CK COAT I 0'04.602 A AUJUST VAL VE BOX . ..............-........-..--- -'- 4 (, UNIT QlY IJNll COST T(lTAI. Sf) YI) 15n I S.2.. S- TON 325 "] Z. ';u TON 325 5/.$u Sl} YI} 550 6'.~D GALLON 525 /. 2S"' EACH (, //0. ow TUlal Bid Pnlject No. I ~ $ /1k7.S'u ../ /0 <) 30 .O{) ./ ,; I () 2 3 "}. 5 <:> S 575'.0(, ./ U ~-G>. 2';-./. &(.., v. (}u v' ./ -v' 27(..',.(.., L::' CITY1' OF MONTICELLO PROJECT NO.9 ,21C WS PROJECT NO, 1010,90 . i , PROPOSA FORM Pr-ujecl % on Freeway Park Purking lot Com'/ruetion flU.' SPFC EACII g ,)0 0 () f/ OJ. U 0 v' SQYD 980 $,':;'6 Z{/V0.UD II" TO(lll Bill f'rojcct No.2 = S~!~.?/7_ 0 U .J GRAND TOTAL RID NO. I & BID NO. 2=$ 66 3t 3. 2~ I -.-- ~ ~\Il-fI"1.. ~ '.\ ~ ~ , SCHf-:1J l)~:SCItII''''ION I I A. SlJRFACE IMPROVEMENTS I 210~J07 A C(~MM()N f-:XCAVAlION I . nrANl,ILAR HORROW (LV A~;(;HH1ATr-: HA.<;J-: CI.AS. ~ Mil> (LVI T~PE 41 WE'ARIN(; COliH. 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LJJ III '" W ~ ~ :Q U <t: '" <.:> .... o ;;:; gj V ..J III 0:: ~ III <<: LJJ '" LJJ ..J Q ~ ~ ;;:; ~ cow:::E in -V)~ ~.......I'f1~ii5 w~~5<.:> ~v~o;l; f-ij 1:5\;; I 4 I <( X :..,1-:.,.l-liJ f-LJJ <<:z Vl..J '" 00:: ZLJJ -f- ::!':f- :J:::J f-<;l al"- o '" LJJLJJ ~g f-W III <.:> :::J 0 Z Z . f- '" ::!': III '" >- III >< f- al W <;l LJJ CD LJJ 0 0 LJJ :0< ..J ..J <<: ..,. '" ..J Z ..J 0 ..J ~ <<: Vl W > ..J <<: ;;. ~~~~~ ~'Op..~ S C~ ~ 3l:1ru.onl:l.l.SVl:l~ '''''1 "''''''''''1' aSh 'Y b ....J....J Cl~ Z:w SiZe 0:>- ~:5 ....JO: 5~ a:: 0 ~ Jo" ,- I \ \ Q",- / ...~ , ~\ \ \ , " ".. o ~ en -t CD )> r r ." m r o , "h. - ,. Vln -00 ~Z rn " .;:0 -lIo'.f!l >>..,. ....... -<rr1 ~, , ,~. .-' ./ 0-0 ....- IZ f"l'" ;0 Ul OJ -< o .... I m ;c Vl o _" 0'30- 0_-.- ... " 5S5 o ,5S5- -.0'30 ' \'35' " Z'30" ~'30 -'~ ;c o -0 o Vl m Cl OJ '" r <::> Z '" BRC FINANCIAL SYSTEM ~11/98 07:36:27 Schedule of Bills CITY OF MONTICELLO GL050S-V05.20 COVERPAGE GL540R Report Selection: RUN GROUP... M831D COMMENT... 8/31 MANUAL CKS DA T A-J E'~ ID DATA COMMENT --~----------- ------------------------ M-08311998-607 8/31 MANUAL CKS Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI J 01 Y S 6 066 10 . . - ._,--" --~--, - - --,---- --'.- BRC FINANCIAL SYSTEM .!i'11/98 07:36:28 ~DOR NAME DESCRIPTION REPORT TOTALS: . . AMOUNT 553,568.15 Schad la of Bills ACCOUNT NAME FUND & ACCOUNT RECORDS PRINTED' - 000034 CITY OF MONTICEI GL540R-V05.20 PAGE CLAIM INVOICE POI FIP ID LIN BRC FINANCIAL SYSTEM CITY OF MONTI CEll .11/98 07:36:30 Sch'd ule of Bills GL060S-V05.20 RECAPPAI GL540R FUND RECAP: FUND DESCRIPTION DISBURSEMENTS ---------------------------- !01 GENERAL FUND 6,819.35 211 LI BRARY FUND 1,000.00 213 HRA FUND 20,672.67 240 CAPITAL PROJECT REVOLVING FD 942.00 250 ECONOMIC DEVELOPMENT AUTH FD 2,500.00 314 1977-1,-2,-3 G.O. BOND FUND 49,284.38 436 93-14C WWTP EXPANSION PRJ 183,448.22 461 98-03C COMMUNITY CENTER 188,313.89 601 WATER FUND 293.15 602 SEWER FUND 179.75 609 MUNICIPAL LIQUOR FUND 114.74 955 INVESTMENT HOLDING FUND 100,000.00 TOTAL ALL FUNDS 553,568.15 . RECAP: ~ NAME D I SBU RSEMENTS ---------------------------- GENl. GENERAL CHECKING LIQR LIQUOR CHECKING 553,453.41 114.74 TOTAl. Al.L BANKS 553,568.15 THE PRECEDING LIST OF BILLS PAYABLE W S REVIEWED AND APPROVED FOR PAYMENT. DATE ............ APPROVED Y ......... ............... ......... ....... ++++ +...... ....., '0'. +.... '. ... ..... 1'. ... +... to......... ...+ . - -- --- ._-'------~-- ---,-- ---..- --.- - aRC FINANCIAL SYSTEM 08/21/98 14:07:47 . Schedule of 8ills CITY F MONTICELLO GL050S-V05 20 COVERPAGE GL540R Report Selection: RUN GROUP... 0821 COMMENT... 8/21 CKS DATA-JE-ID DATA COMMENT -.----...-------- ------------------------ 0-08211998-600 8/21 CKS Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI J 01 Y S 6 066 10 . . -... .~ ,,_ ._n__ eRC FINANCIAL SYSTEM CITY OF MONTICELU 08/21/98 14:07:48 Schedul of Bills GL540R-V05.20 PAGE . 1 .OOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P 10 LINE AUDIO COMMUNICATIONS PARKS-KENWOOD SW4C 850.70 OTHER EQUIPMENT 101.45201.5801 39159 600 00001 BARCO PRODUCTS, INC. STREETS-OP SUPPLIES 504.76 MISC OPERATING SUP LI ES 101.43120.2199 105356 600 00002 BILCO COMPANY/THE WWTP-ROOF SCUTTLE 722.25 SMALL TOOLS & EQUI ME NT 436.49201.2410 600 00003 BROCK WHITE COMPANY, LLC WATER-R & M EQUIP 426.32 REPAIR & MTC - MACH & EQ 601.49440.4044 600 00004 C J BROWN BUSINESS SERVI NEWSLETTER-SUMMER 995.90 NEWSLETTER 101.41301.3195 600 00005 CEDAR ST. GARDEN CENTER SHADE TREE-TREES 754.93 TREE REPLACEMENT 224.46102.4391 600 00006 CLARK FOOD SERVICE, INC. CH-OP SUPPLI ES 412.36 MISC OPERATING SUPPL ES 101.41940.2199 600 00007 DAVE PETERSON'S FORO-MER 4111tTREETS-VEH REPAIR PARTS 55.41 VEHICLE REPAIR PARTS 101.43120.2211 600 00008 FAEGRE & BENSON LLP WWPT-LEGAL FEES 1,173.87 PROF SRV - LEGAL FEES 436.49201.3040 600 00009 GA TEWA Y 2000 DATA PROC-COMPUTER 1,372.38 COMPUTER EQUIPMENT 101.41920.5702 600 00010 GE CAP IT AL DATA PROC-PRNTR & FEEDER 3,119.39 COMPUTER EQUIPMENT 101.41920.5702 600 00011 GENERAL RENTAL CENTER WWTP-HOSE & PUMP RENTAL 44.09 PROF SRV - CONSTRUCTIO 436.49201.3025 600 00012 GREG LARSON SPORTS PARKS-CLOTHING SUPPLIES 118.35 CLOTHING SUPPLIES 101.45201.2111 22931 600 00013 HARRY'S AUTO SUPPLY WWTP-PROF SERV 2.32 PROF SRV - CONSTRUCTION 436.49201.3025 600 00019 SEWER-LUBES & ADDITIVES 25.30 LUBRICANTS & ADDITIVES 602.49490.2130 600 00020 SEWER-EQUIP REPAIR PARTS 25.11 EQUIPMENT REPAIR PARTS 602.49490.2210 600 00021 PARKS-VEH REPAIR PARTS 227.27 VEHICLE REPAIR PARTS 101. 4520 1. 2211 600 00022 SEWER'-VEH REPAI R PARTS 63.03 VEHICLE REPAIR PARTS 602.49490.2211 600 00023 WATER-OP SUPPLIES 22.11 MISC OPERATING SUPPLIES 601.49440.2199 600 00024 STREETS-R & M VEH 79.54 REPAIR & MrC - VEHICLES 101.43120.4050 600 00025 ~TREETS-OP SUPPLIES 39.88 MISC OPERATING SUPPLIES 101.43120.2199 600 00026 . ... TREfTS-LUBES & ADDITIVE 17.76 LUBRICANTS & ADDITIVES 101.43120.2130 600 00027 STREETS-EQUIP REPAIR PRT 58.38 EQUIPMENT REPAIR PARTS 101.43120.2210 600 00028 STREETS-VEH REPAIR PARTS 190.69 VEHICLE REPAIR PARTS 101.43120.2211 600 00029 BRC FINANCIAL SYSTEM 08/21/98 14:07:48 Schedule f B ills .DOR NAME DESCRI PTI ON AMOUNT ACCOUNT NAME FUND & ACCOUNT HARRY'S AUTO SUPPLY SHOP-OTHER EQUIP 45.18 MISC OPERATING SUPPL ES 101.45201.2199 SHOP-R&M EQUIP 633.62 REPAIR & MTC - MACH EQ 101.43127.4044 SHOP-EQUIP REPAIR PARTS 102.43 EQUIPMENT REPAIR PAR S 101.43127.2210 SHOP-OP SUPPLIES 68.70 MISC OPERATING SUPPL ES 101.43127.2199 FIRE-EQUIP R & M 16.11 REPAIR & MTC - MACH EQ 101.42201.4044 FIRE-VEH R & M 29.10 REPAIR & MTC - VEHIC ES 101.42201.4050 PARKS-EQUIP REPAIR PARTS 17. 72 EQUIPMENT REPAIR PAR 101.45201.2210 1,664.25 *VENDOR TOTAL JIM HATCH SALES CO STREETS-OP SUPPLIES 450.86 MISC OPERATING SUPPLI S 101.43120.2199 MONTICELLO CHAMBER OF CO EC DEV-GOLF OUTING REG 1,350.00 BROCHURES (MARKETING R o 101.46501.3560 MONTICELLO CHAMPION AUTO PARKS-OP SUPPPLIES 152.96 MISC OPERATING SUPPLIE 101.45201.2199 SHOP-LUBES & ADDITIVES 13.28 LUBRICANTS & ADDITIVES 101.43127.2130 STREETS-VEH REPAIR PARTS 15.96 VEHICLE REPAIR PARTS 101.43120.2211 182.20 *VENDOR TOTAL ~ONAL BUSHING PARTS & REETS-OP SUPPLIES 3.07 MISC OPERATING SUPPLIES 101.43120.2199 STREETS-VEH REPAIR PARTS 136.75 VEHICLE REPAIR PARTS 101.43120.2211 STREETS-EQUIP REPAIR PTS 150.67 EQUIPMENT REPAIR PARTS 101.43120.2210 SHOP-EQUIP REPAIR PRTS 60.63 EQUIPMENT REPAIR PARTS 101.43127.2210 SHOP~OP SUPPLIES 228.41 MISC OPERATING SUPPLIES 101.43127.2199 SHOP-SMALL TOOLS 35.73 SMALL TOOLS & EQUIPMENT 101.43127.2410 SHOP-VEH REPAIR PARTS 4.07 VEHICLE REPAIR PARTS 101.43127.2211 WATER-UTIL SYS MAINT 89.39 UTILITY SYSTEM MTCE SUP P 601.49440.2270 WATER-VEH REPAIR PARTS 4.04 VEHICLE REPAIR PARTS 601.49440.2211 PARKS-VEH REPAIR PARTS 9.64 VEHICLE REPAIR PARTS 101.45201.2211 FIRE-OP SUPPLIES 2.16 MISC OPERATING SUPPLIES 101.42201.2199 SEWER-VEH REPAIR PARTS 106.42 VEHICLE REPAIR PARTS 602.49490.2211 830.98 *VENDOR TOTAL OLSON & SONS ELECTRIC, LIQUOR-R&M EQUIP 163.61 REPAIR & MTC - MACH & EQ 09.49754.4044 CH-MISC R & M 127. 53 MISC REPAIR & MTC SUPPlI 01.41940.2299 PARKS-BLDG R & M 1,121. 18 REPAIR & MTC - BUILDINGS 01.45201.4010 WATER-PUMP & WELL REPAIR 151. 90 REPAIR & MTC - MACH & EQ 01.49440.4044 1,564.22 *VENDOR TOTAL PHOTO I PW INSP-FllE DEV 9.89 MISC PROFESSIONAL SERVI C 1 1.43115.3199 WWTP-FILM DEV 72.83 PROF SRV - CONSTRUCTION 4 6.49201. 3025 ~LANNING-FILM DEV 94.08 MISC PROFESSIONAL SERVI C 1 1.41910.3199 .WSLETTER 33.81 NEWSLETTER 1 1.41301.3195 ....,. 210.61 *VENDOR TOTAL -. - - -- -., - CLAIM INVOICE 8747 CITY OF MONTICELLO GL540R-V05.20 PAGE 2 PO# F/P ID LINE 600 00030 600 00031 600 00032 600 00033 600 00034 600 00035 600 00036 600 00014 600 00015 600 00016 600 00017 600 00018 600 00037 600 00038 600 00039 600 00040 600 00041 600 00042 600 00043 600 00044 600 00045 600 00046 600 00047 600 00048 600 00049 600 00050 600 00051 600 00052 600 00053 600 00054 600 00055 600 00056 BRC FINANCIAL SYSTEM CITY OF MONTICELLO 08/21/98 14:01:48 Schedule 0 Bills GL540R-V05.20 PAGE 3 .DOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# FIP 10 LINE PRAIRIE RESTORATIONS, IN PARKS-SEED,GRASS, FLOWERS 333.34 MISC OPERATING SUPPL ES 101.45201.2199 600 00051 PURCELL'S PLUMBERY PW-R & M 44.13 REPAIR & MTC - MACH EQ 101.43110.4044 4301-1592 600 00058 SOFTWARE SPECTRUM DATA PROC-VARIOUS PROG 1.006.12 SOFTWARE 101.41920.3091 600 00059 SPECTRUM SUPPLY CO. PARKS-OP SUPPLIES 166.16 MISC OPERATING SUPPL ES 101.45201.2199 600 00060 STREETS-OP SUPPLIES 403.58 MISC OPERATING SUPPL ES 101.43120.2199 600 00061 STREETS-CLOTHING SUPPLY 60.43 CLOTHING SUPPLIES 101.43120.2111 600 00062 630.11 *VENDOR TOTAL WRIGHT COUNTY AUDITOR-TR CH-MAPS 31.50 MAPS 101.41301.2580 600 00063 . . BRC FINANCIAL SYSTEM 08/21/98 14:07:48 .OR NAME DESCRIPTION AMOUNT REPORT TOTALS: 18,855.69 ACCOUNT NAME RECORDS PRINTED - 000063 . Schedu1e of B1115 FUND & ACCOUNT CITY OF MONTICELLO GL540R-V05.20 PAGE 4 CLAIM INVOICE PO# F/P 10 LINE BRC FINANCIAL SYSTEM 08/21/98 14:07:49 . FUND RECAP; Schedule of Bills CITY OF MONTICELLO GL060S-V05.20 RECAPPAGE GL540R FUND DESCRIPTION ---------------------------- ISBURSEMENTS 101 GENERAL FUND 224 SHADE TREE FUND 436 93-14C WWTP EXPANSION PRJ 601 WA TER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 15,008.17 754.93 2,015.36 693.76 219.86 163.61 TOTAL ALL FUNDS 18,855.69 BANK RECAP: BANK NAME ---------------------------- DIS URSEMENTS GENL GENERAL CHECKING LIQR LIQUOR CHECKING ~AL ALL BANKS 18,692.08 163.61 ,855.69 THE PRECEDING LIST OF BILLS PAYABLE WAS RE IEWED AND APPROVED FOR PAYMENT. DATE ............ APPROVED BY ............ ..... ........ ........... .. .......... ...... ...... ..... .... ... ........ ........... t. ........... ~ ,., BRC FINANCIAL SYSTEM 09/02/98 10:15:57 Schedule of Bills CITY 0 MONTICELLO GL050S-V05. 0 COVERPAGE GL540R . Report Selection: RUN GROUP... 0903 COMMENT... 9/03 CKS OATA-JE-ID OATA COMMENT -------------- ------------------------ 0-09031998-601 9/03 CKS Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI J 01 Y S 6 066 10 . . BRC FINANCIAL SYSTEM CITY OF MONTICELLO 09/02/98 10:15:58 Schedule of B l1s GL540R-V05.20 PAGE 1 .OR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE A T & T WIRELESS SERVICE RICK W 34.82 TELEPHONE 101.41301.3210 CELLULAR 601 00001 JEFF 0 45.95 TELEPHONE 101.41910.3210 CELLULAR 601 00002 GARY A 29.31 TELEPHONE 101.42401.3210 CELLULAR 601 00003 AN SHELTER 28.48 TELEPHONE 101.42101.3210 CELLULAR 601 00004 138.56 *YENDOR TOTAL AFFORDABLE SANITATION PARKS-TOIL UNITS 615.13 MISC OTHER EXPENSE 101.45201.4399 9801402.1581 601 00005 ALBINSON. INC SLDG INSP-OFFICE EQUIP 595.20 OFFICE EQUIPMENT 101.42401.5101 131169. 134135 601 00006 SLDG INSP-OFFICE SUPPLY 165.60 MISC OFFICE SUPPLIES 101.42401.2099 131169. 134135 601 00001 160.80 *YENDOR TOTAL AMERICAN PAGING OF MINNE JOHN M. RICK C 18.54 TELEPHONE 601.49440.3210 PAGERS 601 00008 MATT 45.53 TELEPHONE 602.49490.3210 PAGERS 601 00009 PATTY 16.00 TELEPHONE 101.42101.3210 PAGERS 601 00010 JOHN S 9.21 TELEPHONE 101.43110.3210 PAGERS 601 00011 GARY A 9.21 TELEPHONE 101.42401.3210 PAGERS 601 00012 TOM S 9.21 TELEPHONE 101.43115.3210 PAGERS 601 00013 .ER M 9.21 TELEPHONE 101.43120.3210 PAGERS 601 00014 N L 9.21 TELEPHONE 101.45201.3210 PAGERS 601 00015 126.42 *YENDOR TOTAL ANDERSON/GARY GARY-MNSO SOOTH 10.00 MISC OTHER EXPENSE 101.42401.4399 601 00016 ANDERSON/RICK 30.5 HRS @ $21.50 838.15 1991 STORM DAMAGE EXPEN 101.42501.4401 601 00011 100 MILES @l .28 28.00 1991 STORM DAMAGE EXPEN 101.42501.4401 601 00018 866.75 *YENDOR TOTAL ANKENY KELL ARCHITECTS. COMM CENTER-ARCHITECT 15.153.21 PROF SRY - ARCHITECTS' 461.49201.3020 JUNE 601 00019 ARAMARK CH-SUPPLI ES 130.00 MISC OPERATING SUPPLIES 101.41940.2199 841039.836601 601 00021 ASSOCIATED YETERINARY CL AN SHELTER-OP SUPPLIES 212.60 MISC OPERATING SUPPLIES 101.42101.2199 601 00022 AUDIO COMMUNICATIONS SLDG INSP-REPAIR ANTENNA 83.44 REPAIR & MTC - MACH & E 101.42401.4044 39245 601 00023 AUTHORITY FENCE & DECKS, 4111J-POSTS AND CAP 110.00 LANDSCAPING MATERIALS 213.46301.2250 980129 601 00024 BRC FINANCIAL SYSTEM CITY OF MONTICELLO 09/02/98 10:15:58 Schedule of ills GL540R-V05.20 PAGE 2 .OR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE POll FIP 10 LINE AUTOMATION SUPPLY CH-PAPER 261.02 DUPLICATING & COPY SUP L 101.41301.2020 806135 601 00025 BELLBOY CORPORATION BAR LIQUOR 1,594.00 LIQUOR 609.49750.2510 14808100 601 00027 TAXABLE MISC 153.90 MISC TAXABLE 609.49750.2540 28287100 601 00026 1,747.90 *VENDOR TOTAL BERNICK'S PEPSI COLA COM MISC TAXABLE 70.00 MISC TAXABLE 609.49750.2540 73221 601 00034 BEER 807. 45 BEER 609.49750.2520 73222 601 00033 877.45 *VENDOR TOTAL CELLULAR 2000 OF ST CLOU TOM B 19.26 TELEPHONE 101.43115.3210 CELLULAR 601 00029 FIRE OEPT 1. 94 TELEPHONE 101.42201.3210 CELLULAR 601 00030 GARY A 96.04 TELEPHONE 101.42401.3210 CELLULAR 601 00031 MA TT T 3.43 TELEPHONE 601.49440.3210 CELLULAR 601 00032 120.67 *VENDOR TOTAL CONSTRUCTION MARKET DATA REALIGN SEWER SERVICE 609.00 LEGAL NOTICE PUBLICATI N 101.41910.3510 CB20076,19345 601 00035 ~ENT ELECTRIC SUPPLY PARKS-LEVER BINDERS 55.98 CLOTHING SUPPLIES 101.45201.2111 1326, 1489 601 00037 STREETS-OP SUPPLIES 155.84 MISC OPERATING SUPPL1E 101.43120.2199 1326, 1489 601 00038 211. 82 *VENOOR TOTAL D J'S MUNICIPAL SUPPLY STREETS-OP SUPPLIES 279.36 MISe OPERATING SUPPLIE 101.43120.2199 1326, 1489 601 00036 DAHLHEIMER DISTRIBUTING BEER 3,298.30 BEER 609.49750.2520 601 00039 NON ALCOHOLIC 40.00 MISC TAXABLE 609.49750.2540 601 00040 3,338.30 *VENDOR TOTAL DAY DISTRIBUTING COMPANY BEER 479.00 BEER 609.49750.2520 601 00041 EHLERS & ASSOC,INC PUBLI HRA-GENERAL 26.25 MIse PROFESSIONAL SERV C 101.41910.3199 601 00042 COMM CENTER 26.25 MISC PROFESSIONAL SERV C 101.41910.3199 601 00043 MALL REDEVLP 446.25 MIse PROFESSIONAL SERV C 213.46522.3199 TIF 1-22 601 00045 ALLIED 3,412.50 MIse PROFESSIONAL SERV C 213.46523.3199 TIF 1-23 601 00046 5T BENEDICT 356.25 MISC PROFESSIONAL SERV C 213.46524.3199 TIF 1-24 601 00044 4,267.50 *VENOOR TOTAL WAL EXPRESS USE-FREIGHT 148.75 MIse REPAIR & MTC SUPP I 101.43230.2299 601 00047 BRC FINANCIAL SYSTEM CITY OF MONTICELLO 09/02/98 10:15:58 Schedule of B ills GL540R-V05.20 PAGE 3 eaR NAME DESCR I PTI ON AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P 10 LINE FLANA~AN SALES, INC STORM-SLIDE FOR PARK 2,352.20 1997 STORM DAMAGE EXPE S 101.42501.4401 601 00048 PARKS-BELT 99.68 MISC OPERATING SUPPLIE 101.45201.2199 601 00049 2,451.88 *VENDOR TOTAL FLESCH'S PAPER SERVICES, GEN OP SUPPLIES 124.11 MISC OPERATING SUPPLIE 609.49754.2199 1111310 601 00050 GARTNER'S OFFICE PRODUCT CH-OFFICE SUPPLIES 1.974.53 MISC OFFICE SUPPLIES 101.41990.2099 601 00051 DEP REG-OFFICE SUPPLIES 95.68 MISC OFFICE SUPPLIES 101.41990.2099 601 00052 2,070.21 *VENDOR TOTAL GATEWAY 2000 DATA PROC-COMPUTER 600.00 COMPUTER EQUIPMENT 101.41920.5702 31906186 601 00053 GLUNZ/RAYMOND J BODEM & DIG OUT STUMPS 555.00 PROF SRV - EXCAVATION 651.49010.3115 601 00054 GOULD BROS. CHEV-OLDS. C FIRE-MANIFOLD GASKET 95.60 REPAIR & MTC - VEHICLES 101.42201.4050 CVCS52601 601 00055 ~S, COOPER & COMPANY UOR 3,600.78 LIQUOR 609.49750.2510 601 00056 WINE 337.65 WINE 609.49750.2530 601 00057 MISC TAXABLE 111. 70 MISC TAXABLE 609.49750.2540 601 00058 FREIGHT 51.87 FREIGHT 609.49750.3330 601 00059 4,102.00 *VENDOR TOTAL GROSSLEIN BEVERAGE INC. MISC TAXABLE 78.45 MISC TAXABLE 609.49750.2540 601 00061 BEER 13,264.00 BEER 609.49750.2520 154827,154870 601 00060 13,342.45 *VENDOR TOTAL GULLETT SANITATION SERV, WWTP-DEWATERING 7,684.00 MISC PROFESSIONAL SERVI 602.49480.3199 18230 601 00062 HAKANSON ANDERSON ASSOC. WWTP-CONSTR CONTROL 858.00 PROF SRV - ENGINEERING 436.49201.3030 601 00065 SALE OF LOTS-HELLMAN 1,850.00 LAND FOR RESALE-EASTWD & 324.15701 13986,14520 601 00063 WWTP-TOPOGRAPHY 747.00 PROF SRV - ENGINEERING F 436.49201.3030 14914 601 00064 3,455.00 *VENDOR TOTAL HAMCO DATA PRODUCTS LIQUOR-PRINTED FORMS 131.92 MISC OFFICE SUPPLIES 609.49754.2099 43524,43370 601 00066 HAWKINS WATER TREATMENT 4111JER-T/POTABLE 36.00 MISC PROFESSIONAL SERVI C 601.49440.3199 601 00067 ER-CHEMICALS 55.00 CHEMICAL PRODUCTS 601.49440.2160 601 00068. WATER-EQUIP REPAIR 217.52 EQUIPMENT REPAIR PARTS 601.49440.2210 601 00069 308.52 *VENDOR TOTAL -., .__.'-~-- ---- ----.--- -- ---',-- BRC FINANCIAL SYSTEM CITY OF MONTICELLO 09/02/98 10: 15: 58 Schedule of Bills GL540R-V05.20 PAGE 4 .DOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE HOLIDAY CREDIT OFFICE FI RE-MOTOR FUEL 85.68 MOTOR FUELS 101.42201.2120 601 00070 JAM'N JO ESPRESSO STOP PLANNING-LUNCHES 79.88 MISC OTHER EXPENSE 101.41910.4399 144084 601 00071 JOHNSON BROS WHOLESALE L WINE 246.74 WINE 609.49750.2530 601 00073 FREIGHT 33.94 FREIGHT 609.49150.3330 601 00074 LI QUOR 2,613.34 LIQUOR 609.49750.2510 876604,876603 601 00072 2,894.02 *VENDOR TOTAL K MART STORE CC-VIDEO TAPES 9.04 MISC OTHER EXPENSE 101.41110.4399 601 00075 PW-ADM OFFICE SUPPLIES 17.62 MISC OPERATING SUPPLI S 101.43110.2199 601 00076 FIRE-OP SUPPLIES 38.19 MISC OPERATING SUPPLI S 101.42201.2199 601 00077 PARKS-OP SUPPLIES 146.61 MISC OPERATING SUPPLI S 101.45201.2199 601 00078 211.46 *VENDOR TOTAL KATO, INC FIRE-FUEL 8.52 MOTOR FUELS 101.42201.2120 601 00079 ~ PARK-REC COPR RA-PICNIC TABLE 647.55 FURNITURE & FIXTURES 213.46521.5601 77918 601 00080 KEITH KJELLBERG'S PLUMB I FIRE-WATER SOFTENER INST 1,990.00 OTHER EQUIPMENT 101.42201.5801 830 601 00081 KENNEDY & GRAVEN, CHARTE ST BENEDICTS 232.80 MISC PROFESSIONAL SERV C 213.46524.3199 TIF 1-24 601 00082 L & STOOL & DESIGN PARKS-SHARPEN BLADES 100.00 EQUIPMENT REPAIR PARTS 101.45201.2210 1447 601 00083 L "N" R SERVICES - LOCKS WATER-LOCK REPAIR 155.25 BUILDING REPAIR SUPPLI S 601.49440.2230 601 00084 FIRE-REPAIR DOOR LATCH 35.00 REPAIR & MTC - BUILDIN S 101.42201.4010 601 00085 CH-ADJ & LUBE LOCKSET 15.00 REPAIR & MTC - BUILDIN S 101.41940.4010 601 00086 205.25 *VENDOR TOTAL LAB SAFETY SUPPLY INC. PARKS-OP SUPPLIES 511. 65 MISC OPERATING SUPPLIE 101.45201.2199 93045210,99520 601 00087 LARSON'S ACE HARDWARE WATER-MISC OP SUPPLIES 11. 23 MISC OPERATING SUPPLIE 602.49490.2199 601 00088 WATER-MISC OP SUPPLIES 122.38 MISC OPERATING SUPPLIE 601.49440.2199 601 00089 FIRE-MISC OP SUPPLIES 5.85 MISC OPERATING SUPPLIE 101.42201.2199 601 00090 4111iHOP-OP SUPPLIES 10.63 MISC OPERATING SUPPLIE 101.43160.2199 601 00091 ~RKS-BLDG REPAIR 115.88 BUILDING REPAIR SUPPLI S 101.45201.2230 601 00092 PARKS-MISC OP SUPPLIES 848.95 MISC OPERATING SUPPLIE 101.45201.2199 601 00093 SHOP-SMALL TOOLS 12.22 SMALL TOOLS & EQUIPMEN 101.43127.2410 601 00094 --..." ---~-- - --..- - -~- - - -------..- - ---. -- - -._.._- - - - ....-- --.--- -.---.------ -~-- BRC FINANCIAL SYSTEM CITY OF MONTICELLO 09/02/98 10:15:58 Schedule of Bills GL540R-Y05.20 PAGE 5 .DOR NAME DESCR I PTI ON AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INYOICE PO# F/P 10 LINE LARSON'S ACE ,HARDWARE SHOP-OP SUPPLIES 34.06 MISC OPERATING SUPPLI S 101.43127.2199 601 00095 STREETS-MISC OP SUPPLIES 41. 51 MISC OPERATING SUPPLI S 101.43120.2199 601 00096 LIBRARY-CLNING SUPPLIES 3.18 CLEANING SUPPLIES 211.45501.2110 601 00097 1,205.89 *YENDOR TOTAL LOCATOR & MONITOR SALES SEWER-CALIBRATION FEE 89.00 EQUIPMENT REPAIR PART 602.49490.2210 10503 601 00098 MARCO BUSINESS PRODUCTS, CH-COPIER SUPPLIES 512.38 DUPLICATING & COpy SU PL 101.41301.2020 1756310 601 00099 MINNEGASCO CH 15.98 GAS 101.41940.3830 601 00100 DEP REG 9.59 GAS 101.41990.3830 601 00101 AN SHELTER 22.37 GAS 101.42701.3830 601 00102 PARKS 9.59 GAS 101.45201.3830 601 00103 WATER 12.78 GAS 601.49440.3830 601 00104 FIRE STATION 36.91 GAS 101.42201.3830 601 00105 SHOP/GARAGE/MAINT 120.98 GAS 101.43127.3830 601 00106 LIBRARY 15.98 GAS 211.45501.3830 601 00107 LIQUROR STORE 15.98 GAS 609.49754.3830 601 00108 . 260.16 *VENDOR TOTAL MN ELECTRIC SUPPLY CO STREETS-REPL BASE 410.03 REPAIR & MTC - MACH & Q 101.43120.4044 405032 601 00117 MONTICELLO PRINTING CH-PRINTEO FORMS 3,027.19 PRINTED FORMS & PAPER 101.41301.2030 601 00119 PW-PRINTEO FORMS 43.67 PRINTED FORMS & PAPER 101.43110.2030 601 00120 FIRE-PRINTED FORMS 47.39 PRINTED FORMS & PAPER 101.42201.2030 601 00121 3,118.25 *YENOOR TOTAL MONTICELLO TIMES LEGAL 1,249.60 LEGAL NOTICE PUBLICATI N 101.41601.3510 601 00109 BLDG PERMITS 127.20 GENERAL PUBLIC INFORMA I 101.42401.3520 601 00110 ANNUAL FINANCE REPORT 1,265.49 GENERAL PUBLIC INFORMA I 101.41520.3520 601 00111 INTERNET 350.00 GENERAL PUBLIC INFORMA I 101.41910.3520 601 00112 LIQUOR-ADY 387.38 ADYERTISING 609.49754.3499 601 00113 CHELSEA ROAD EXT 50.55 GENERAL PUBLIC INFORMA I 101.41910.3520 601 00114 REALIGN SEWER 88.29 GENERAL PUBLIC INFORMA I 101.41910.3520 601 00115 MONTE CLUB SEWER 78.78 GENERAL PUBLIC INFORMA I 101.41910.3520 601 00116 3,597.29 *YENDOR TOTAL MONTICELLO-BIG LAKE PET AN SHELTER-STRAY EXAM 48.05 MISe PROFESSIONAL SERY e 101.42701.3199 106159 601 00118 4IIIi OISBTRIBUTING CO. ARKS-OP SUPPLI ES 17.84 MIse OPERATING SUPPLIE 101.45201.2199 1220261 601 00122 BRC FINANCIAL SYSTEM CITY OF MONTICELLO 09/02/98 10: 15:58 Schedule 0 Bills GL540R-V05.20 PAGE 6 .OOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P 10 LINE MTI DISBTRIBUTING CO. PARKS-ARM SWITCH 32.07 EQUIPMENT REPAIR PAR S 101.45201.2210 1223030 601 00123 49.91 *VENOOR TOTAL NATIONAL BAG COMPANY, IN AN SHELTER-BAGS 161.86 MISC OPERATING SUPPLI S 101.42701.2199 3391028 601 00124 NETSOURCE CH-COPY PAPER 458.55 MISC OFFICE SUPPLIES 101.41301.2099 8825,8626 601 00125 NORTHERN POWER PRODUCTS SEWER-HOSE & PUMP ASSBLY 100.09 EQUIPMENT REPAIR PART 602.49490.2210 316614 601 00126 NORTHERN STATES POWER CO WATER 3,437.45 ELECTRIC 601.49440.3810 601 00127 SEWER 60.74 ELECTRIC 602.49490.3810 601 00128 STREET LIGHTS 730.43 ELECTRIC 101.43160.3810 601 00129 OEP REG/FOOD SHELF 111. 12 ELECTRIC 101.41990.3810 601 00130 PARKS 1,293.02 ELECTRIC 101.45201.3810 601 00131 CIVIL DEFENSE 14.27 ELECTRIC 101.42501.3810 601 00132 SHOP/GARAGE 581.62 ELECTRIC 101.43127.3810 601 00133 FIRE STATION 262.47 ELECTRIC 101.42201.3810 601 00134 .BRARY 653.47 ELECTRIC 211.45501.3810 601 00135 1.074.32 ELECTRIC 101.41940.3810 601 00136 PARKING LOTS 75.21 ELECTRIC 101.43140.3810 601 00137 LIQUOR STORE 1,312.55 ELECTRIC 609.49754.3810 601 00138 AN SHELTER 123.12 ELECTRIC 101.42701.3810 601 00139 9,729.79 *VENDOR TOTAL NORTHWEST ASSOC CONSULTA WILDWOOD 18.50 MISC PROFESSIONAL SERV e 101.41910.3199 601 00140 MEETINGS 1,050.00 MISC PROFESSIONAL SERV Ie 101.41910.3199 601 00141 LYMAN DEV 165.00 MISC PROFESSIONAL SERV e 101.41910.3199 601 00143 KAUFFMAN TOWNHOUSES 41. 25 MISC PROFESSIONAL SERV C 101.41910.3199 601 00144 ow AREA IDC 394.73 MISC PROFESSIONAL SERV C 440.49201.3199 601 00145 OAA PROCEDURE 435.55 MIse PROFESSIONAL SERV C 101.41910.3199 601 00146 MISSISSIPPI DR PATH 42.15 MISC PROFESSIONAL SERV C 101.41910.3199 601 00147 BRIDGE PARK IMPL 35.13 MISC PROFESSIONAL SERV C 101.41910.3199 601 00148 OA PLAN 1,197.01 MISC PROFESSIONAL SERV C 101.41910.3199 601 00149 CSAH 75 PLAN 203.30 MIse PROFESSIONAL SERV C 101.41910;3199 601 00150 lONING ORDINANCE 217.78 MISC PROFESSIONAL SERV C 101.41910.3199 601 00151 GENERAL 368.06 MISC PROFESSIONAL SERV C 101.41910.3199 601 00152 4,168.46 *VENDOR TOTAL OLSON, USSET & WEINGARDE HWY 25 1,976.66 PROF SRV - LEGAL FEES 450.49201. 3040 601 00153 ANNEXATION 633.25 PROF SRV - LEGAL FEES 101.41601.3040 601 00154 .N-LEGAL 3,039.75 PROF SRV - LEGAL FEES 101.41601.3040 601 00155 MM CENTER 3,070.56 PROF SRV - LEGAL FEES 461. 4920 1. 3040 601 00156 FRONT PORCH 63.75 PROF SRV - LEGAL FEES 101.41601.3040 601 00157 BRIDGE PARK 204.00 PROF SRV - LEGAL FEES 101.41601.3040 601 00158 ._'~---------,--,--~--~---- .._---,,---~-- BRC FINANCIAL SYSTEM CITY OF MONTICELLO 09/02/98 10:15:58 Schedule 0 Bills GL540R-V05.20 PAGE 7 .DOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE OLSON, USSET & WEINGARDE HOSPITAL 76.50 PROF SRV - LEGAL FEE 101.41601. 3040 601 00159 PARK 42.50 PROF SRV - LEGAL FEE 101.41601.3040 601 00160 KLEIN FARMS 3RD 476.00 PROF SRV - LEGAL FEE 452.49201.3040 601 00161 RESURRECTION CHURCH 306.00 PROF SRV - LEGAL FEE 459.49201.3040 601 00162 ST HENRY'S 790.50 PROF SRV - LEGAL FEE 101.41601.3040 601 00163 907 MN ST RENTAL 452.75 RENTAL HOUSE EXPENSE 240.49201.4381 601 00164 11,132.22 *VENDOR TOTAL PAUSTIS & SONS WINE 224.00 WINE 609.49750.2530 94706 601 00165 PHILLIPS WINE & SPIRITS LI QUOR 696.78 LIQUOR 609.49750.2510 601 00167 FREIGHT 24.90 FREIGHT 609.49750.3330 601 00168 WINE 1,187.15 WINE 609.49750.2530 416832,416831 601 00166 1, 908 .83 *VENDOR TOTAL PREFERRED TI TLE LEGAL-LOTS 1-3, BLOCK 50 51.00 MISC PROFESSIONAL SER VIC 101.41601.3199 601 00169 PURCELL'S PLUMBERY _IQUOR-PVC REPAIR 5.21 REPAIR & MTC - BUILDI GS 609.49754.4010 601 00171 W-R&M 10.64 REPAIR & MTC - MACH & EQ 101. 4311 0.4044 4355,4346-1619 601 00170 15.85 *VENDOR TOTAL RELIABLE CORPORATION/THE CH-OP SUPPLIES 81.75 MISC OPERATING SUPPLI S 101.41940.2199 601 00172 PW-OP SUPPLI ES 252.47 MISC OFFICE SUPPLIES 101.43110.2099 601 00173 334.22 *VENDOR TOTAL RELIANCE DATA CORPORATIO DATA PROC 8,247.90 PROF SRV - DATA PROCE SI 101.41920.3090 601 00174 RON'S GOURMET ICE ICE 308.79 MISC TAXABLE 609.49750.2540 20812 601 00175 ROYAL PRINTING & OFFICE CH-OFFICE SUPPLIES 1,022.83 MISC OFFICE SUPPLIES 101.41301.2099 601 00176 LIBRARY-OFFICE SUPPLIES 42.59 MISC OFFICE SUPPLIES 211.45501.2099 601 00177 AN SHELTER-OFFICE SUPP 23.50 MISC OFFICE SUPPLIES .101.42701.2099 501 00178 PW-OFFICE SUPPLIES 151.23 MISC OFFICE SUPPLIES 101.43110.2099 601 00119 1,240.15 *VENDOR TOTAL SHERBURNE COUNTY CITIZEN LIQUOR STORE-PET AD 30.00 ADVERTISING 609.49754.3499 AUGUST 601 00180 .NS PLUS ARK-KLEIN FARMS 675.00 MISC PROFESSIONAL SER IC 101.41910.3199 601 00181 BRC FINANCIAL SYSTEM CITY OF MONTICELLO 09/02/98 10:15:58 Schedule of Bills GL540R-V05.20 PAGE 8 .DOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P 10 LINE SIMONSON LUMBER COMPANY STREETS-OP SUPPLIES 99.08 MISC OPERATING SUPPLI S 101.43120.2199 601 00182 PARKS-OP SUPPLIES 838.86 MISC OPERATING SUPPLI S 101.45201.2199 601 00183 WATER-BLDG REPAIR SUPP 59.75 BUILDING REPAIR SUPPL ES 601.49440.2230 601 00184 PW INSP-OP SUPPLIES 29.80 MISC OPERATING SUPPLI S 101.43115.2199 601 00185 WALK & ROLL-SIGN 16.66 MISC OPERATING SUPPLI S 101.41910.2199 601 00186 PW REMODELING 527.96 BUILDINGS 265.49201.5201 601 00187 WATER-SAND 89.26 EQUIPMENT REPAIR PART 601.49440.2210 601 00188 STREETS-OP SUPPLIES 123.12 MISC OPERATING SUPPLI S 101.43120.2199 601 00189 PARKS-OP SUPPLIES 387. 77 MISC OPERATING SUPPLI S 101.45201.2199 601 00190 PW INSP-OP SUPPLIES 45.55 MISC OPERATING SUPPLI S 101.43115.2199 601 00191 PW REMODELING 44.69 BUILDINGS 265.49201.5201 601 00192 WATER-SAND 26.77 UTILITY SYSTEM MTCE S PP 601.49440.2270 601 00193 PARKS-LANDSCAPING SUPP 1.002.59 LANDSCAPING MATERIALS 101.45201.2250 601 00194 3,291.86 *VENDOR TOTAL ST. CLOUD RESTAURANT SUP MISC TAXABLE 34.75 MISC TAXABLE 609.49750.2540 416162 601 00195 TAYLOR LAND SURVEYORS IN PW-VELLUM 39.00 MISC PROFESSIONAL SER Ie 101.41301.3199 601 00196 .HTELECOM 276.99 TELEPHONE 101.41301.3210 601 00197 LIQUOR 68.40 TELEPHONE 609.49754.3210 601 00198 LI BRARY 120.40 TELEPHONE 211.45501. 3210 601 00199 465.79 *VENDOR TOTAL THIBODEAUX/SUE TRAVEL EXPENSE 2.86 TRAVEL EXPENSE 101.41520.3310 601 00200 CC-VIDEO TAPES 9.04 MISC OTHER EXPENSE 101.41110.4399 601 00201 11. 90 *VENDOR TOTAL THORPE DISTRIBUTING COMP BEER 6,804.70 BEER 609.49750.2520 601 00202 MISC TAXABLE 252.25 MISC TAXABLE 609.49750.2540 140860,140859 601 00203 7,056.95 *VENDOR TOTAL TIMEWISE/CADDYLAK SYSTEM PARKS-OP SUPPLIES 112.40 MISC OPERATING SUPPLI S 101.45201.2199 940550,918573 601 00204 TINA M. CAIN PARK BLOG RESERVATION 17.50 PARK FEES 101.34780 REIMBURSMENT 601 00028 TOTAL REGISTER SYSTEMS, LIQUOR-REPAIR PARTS 166.37 REPAIR & MTC - MACH & EQ 609.49754.4044 601 00205 ~MBULL RECREATION SUPP ARKS-ALUMINUM 337.69 MISC OPERATING SUPPLI S 101.45201.2199 6361,5662 601 00206 BRC FINANCIAL SYSTEM CITY OF MONTICELLO 09/02/98 10:15:58 Schedule of Bills GL540R-V05.20 PAGE 9 .DOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE POll F/P ID LINE TWIN CITIES FLAG SOURCE LIQUOR-FLAG REPAIR 43.50 REPAIR & MTC - OTHER 609.49754.4099 16985 601 00207 U SLINK PARKS 7.64 TELEPHONE 101.45201.3210 601 00209 CH 82.50 TELEPHONE 101.41301.3210 601 00210 FIRE HALL 3.82 TELEPHONE 101.42201.3210 601 00211 AN SHELTER 13.68 TELEPHONE 101.42701.3210 601 00212 WATER 3.82 TELEPHONE 601.49440.3210 601 00213 PW 4.56 TELEPHONE 101.43110.3210 601 00214 SLOG INSP 3.74 TELEPHONE 101.42401.3210 601 00215 DEP REG 3.75 TELEPHONE 101.41990.3210 601 00216 PW INSP 3.74 TELEPHONE 101.43115.3210 601 00217 COMPUTER 3.74 TELEPHONE 101.41920.3210 601 00218 LI QUOR 4.36 TELEPHONE 609.49754.3210 601 00219 135.35 *VENDOR TOTAL US-ALLOYS SHOP-OP SUPPLIES 52.50 MISC OPERATING SUPPLI S 101.43127.2199 41420 601 00208 USA WASTE SERVICES, INC REFUSE THROUGH 6/11 2,640.49 PROF SRV - REFUSE COL EC 101.43230.3100 13986 601 00220 4111tEFUSE THROUGH 7/16 3,528.89 PROF SRV - REFUSE COL EC 101.43230.3100 14455 601 00221 6,169.38 *VENDOR TOTAL VIDEO PROTECTION SERVICE LIQUOR-CAMERA & VCR R&M 220.00 REPAIR & MTC - MACH & EQ 609.49754.4044 1385,1446 601 00222 VIKING COCA COLA LIQUOR-POP & TAX MISC 23.00CR MISC TAXABLE 609.49750.2540 2156508 601 00226 PW-POP 89.89 MISC OTHER EXPENSE 101.43110.4399 2156522 601 00224 LIQUOR-POP AND TAX MISC 317.35 MISC TAXABLE 609.49750.2540 2158295 601 00223 CH-POP 15.44 MISC OTHER EXPENSE 101.41940.4399 2158674 601 00225 399.68 *VENDOR TOTAL VISIONARY SYSTEMS, LTD FIRE-SUPPORT CONTRACT 560.00 MAINTENANCE AGREEMENTS 101.42201.3190 4969 601 00227 WALDOR PUMP & EQUIPMENT WWTP-PUMP & BREAKER 167.31 REPAIR & MTC - MACH & EQ 436.49201.4044 48424,48595 601 00228 WATER-FLOATS REPAIR 287.55 REPAIR & MTC - MACH & EQ 601.49440.4044 48424,48595 601 00229 454.86 *VENDOR TOTAL WATSON COMPANY, INC/THE GEN OP 66.42 MISC OPERATING SUPPLIE 609.49754.2199 601 00230 MISC TAXABLE 463.58 MISC TAXABLE 609.49750.2540 601 00231 530.00 *VENDOR TOTAL .GHT COUNTY AUDITOR-TR CH-TAX ROLLS 64.09 PRINTED FORMS & PAPER 101.41301.2030 601 00232 BRC FINANCIAL SYSTEM 09/02/98 10:15:58 .DOR NAME DESCRIPTION AMOUNT WRIGHT COUNTY SURVEYOR CH-MAP ACCOUNT NAME 10.00 MAPS . . Schedule of Bills FUND & ACCOUNT 101.41301.2580 CITY OF MONTICELLO GL540R-V05.20 PAGE 10 CLAIM INVOICE pon F/P 10 LINE 601 00233 BRC FINANCIAL SYSTEM 09/02/98 10:15:58 .OOR NAME DESCRIPTION REPORT TOTALS: . . AMOUNT 201,286.48 ACCOUNT NAME RECORDS PRINTED - 000231 Schedu 1 e of Bi 11 5 FUND & ACCOUNT CITY OF MONTICELLO GL540R-V05.20 PAGE 11 CLAIM INVOICE PO# F/P ID LINE BRC FINANCIAL SYSTEM 09/02/98 10:16:01 . FUND RECAP: Schedule of Bills CITY OF MONTICELLO GL060S-V05.20 RECAPPAGE GL540R FUND DESCRIPTION ---------------------------- 101 GENERAL FUND 211 LIBRARY FUND 213 HRA FUND 240 CAPITAL PROJECT REVOLVING FD 265 WATER ACCESS FUND 324 1990B G.O. BOND FUND 436 93-14C WWTP EXPANSION PRJ 440 95-01C SOUTHWEST AREA 450 96-04C HWY25/MNDOT IMPR 452 97-03P KLEIN FARMS 3RD 459 98-01C RES CHURCH SS & WM 461 98-03C COMMUNITY CENTER 60 1 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 651 RIVERSIDE CEMETERY TOTAL ALL FUNDS . BANK RECAP: BANK NAME ---------------------------- GENL GENERAL CHECKING LIQR LIQUOR CHECKING TOTAL ALL BANKS DI BURSEMENTS 5,900.92 835.62 5,205.35 452.75 572.65 1.850.00 1. 772.31 394.73 1,976.66 476.00 306.00 8,823.83 4,525.50 7,990.59 9,648.57 555.00 201.286.48 DISB RSEMENTS 16 ,637.91 3 ,648.57 20 ,286.48 DATE ............ THE PRECEDING LIST OF BILLS PAYABLE WAS RE IEWED AND APPROVED FOR PAYMENT. APPROVED BY . ....... ......... j .......... ..... ..... .. ........+.. ...... ........ +. ... ..... .. .............. ........... ........ .... -~,--,--- --.---- ------ . Consideration of an update relating to th property located at 225 Front Street by Ollie Koropchak, Econom c Development Director September 1 , 1998 ---- The purpose of this update is to inform the Council of the September 2, 1998 HRA decision relating to the 225 Front Street property currently wned by Rich and Marian Carlson. The update provides the Councilor Parks Commission e opportunity to consider or to plan for acquisition of the property. The following is a brief history of the HRA actions d considerations of the property: HRA appraisal of 225 Front Street: HRA offer to purchase: HRA offer became null and void Redevelopment TIF District No. 1-22 created. HRA appraisal of 225 Front Street: HRA option to purchase Seller counter-offer HRA motion September 2, 1998 ~. . October, 199 January 10, 1 96, $163,000. No response om seller - house fire. March, 1997. November, 1 97. November 5, 1997, $130,000. July 24, 1998 $179,500. Offer of sale ithdrawal date August 10, 1998. To not proce d with purchase of the property located at 225 Front St eet. Please note the September 8 HRA letter. Enclosed are copies of correspondence between th HRA and John Peterson, Attorney representing the Carlsons. In a September 10 telep one conversation with Mr. Peterson, he indicated the August 10 withdrawal was intended a a closure date and Carlson would be open to other opportunities prior to listing the property on he open market. Restaurant development update. A City delegatio met with Brad Johnson, Lotus Realty Services, and the London Development Corporati of Duluth in August. The Duluth firm was scouting Monticello as a potential site for develop ent of a restaurant. The restaurant, Blackwood's, is a family restaurant perhaps a notc above an Applebee's or Champ's. It was my understanding, the Monticello delegation was impr ssed with the photos and menus of existing Blackwood Restaurants. Hutchinson, MN; Marqu te, MI and Monticello were the three communities the developers were scouting. The d velopers appeared excited about the proposed Monticello site along the river but had concerns ab ut the lunch draw. The next step planned was a visit by Monticello delegates to the Blackwood's restaurants. The September 19 trip to Duluth has been put on hold at the recommendation ofBr d Johnson. At this time, Monticello is not ranked number one as the site selection for the ne proposed restaurant by the London Corporation. Ramsey, MN has entered the playin field with a larger population and relatively no restaurants. Prior to London Corporation's visit to Monticello, the Parks Commission delayed proceeding with the redevelopment of West Bridge Park until id-October for further exploration of the proposed site by the Duluth developer. The proposed site for the restaurant was the southerly .. . . . side of West Bridge Park along West River Street. Brad Johnson proposed a concept for exchange ofland. The Carlson property (Block 64 in exchange for a portion of West Bridge Park. At the last Parks Commission meeting, it is y understanding a local Realtor informed the commissioners of a second interested party for dev lopment of a restaurant. It was suggested if public land is sold for development, perhaps the Cit should seek request for proposals. The Parks Commission will continue discussion for dete ination of the best use for West Bridge Park. 225 Front Street The Comprehensive Plan earmar s the said property for redevelopment but for no specific use. The Park's Commission Plan idenffies the said property for increase use ofthe riverfront. According to the City Administrator, p rchase of the 225 Front Street property has not been identified as a 1998 or 1999 budget item. Regardless of the outcome ofa proposed restaurant in West Bridge Park, this update provide the Councilor Parks Commission the opportunity to consider or to plan for acquisition 0 the property if so desired. Following are some suggestions for consideration: 1. Request the update be added to this agenda or discussion. a) Offer three-year option at purchase price of Annual non-refundable option fee of . IdentifY in future ity budget. b) Offer contract for deed at purchase pric of Earnest amount of . Contract for deed number of years. c) Cash buyout at purchase price of d) Wait and see. e) Add to 1999 city budget. Request staff to put this on the Council age da of September 28, 1998. Recommend the Parks Commission review nd identifY it's priority with a recommendation to the City Council. 2. 3. Block 54 or North Anchor The HRA now owns the Hawkins, Reed, and Schli f properties. The HRA will accept bids for demolition of the Hawkins property and hold a pub ic hearing for lease of the Schliefhouse on September 23. It appears the HRA needs to replac the furnace in the Schlief house prior to leasing. At the September 2 HRA meeting, the co . ssioners made a motion to offer an option to purchase the O'Connor property. The offer and erms were submitted to the potential seller. A response is anticipated prior to the next HRA me ting of October 14, 1998. ",- ''-, '- ',- ''-, '- ',- ''-, '- ',- ',- ''-, T <( . ",""/ I . ~~ ,~ ~ Lt") ~' ~ " ~ " ~ I N L() I I . -" . . September 8, 1998 -- MONTICELLO John T. Peterson Attorney at Law Johnson, Larson, & Peterson 908 Commercial Drive Buffalo, MN 55313 Re: Richard and Marion Carlson Property/Purch se Agreement Dear Mr. Peterson: This is a notification of the action taken by the Mont cello Housing and Redevelopment Authority on September 2, 1998, relating to the consideration f accepting the counter-offer of July 24, 1998, for purchase of the property located at 225 Fr nt Street. The HRA would like to thank you and your client fo consideration of this matter. Should you have any questions, please contact me at 271-3208. Sincerely, HOUSING AND REDEVELOPMENT AUTHORI Y IN AND FOR THE CITY OF MONTICELLO '(::Y~))_-'~_..J '<..rJ"I r') \: \~~).~~-'=- , Ollie Koropchak Executive Director cc: HRA File Monticello City Hall, 250 E. Broadway, PO Box 1147, Monticello, MN 55362-9245. (612) 295-2711. Fax: (6]2) 295A404 Office of Public Works, 909 Golf Course Rd., Monticello, N 55362 . (612) 295-3170 . Fax: (612) 271-3272 August 20, 998 ~,.It~ Kt,tl MONTICELLO John T. Peterson Attorney at Law Johnson, Larson, & Peterson 908 Commercial Drive Buffalo, MN 55313 Re: Richard and Marion Carlson Property/Purcha e Agreement Dear Mr. Peterson: . In a letter dated August 10, 1998, a tentative date of ugust 20 was targeted for HRA commissioners to review prepared financial informati n. Unfortunately, the meeting of August 20 did not materialize as both the commissioners and fin ncial consultants were busy with end- of-the summer vacations prior to the commencement of the school session. The commissioners will review the financial information on September 2, the date of their regular meeting. If you have any questions, please do not hesitate to c II me at 271-3208. Sincerely, HOUSING AND REDEVELOPMENT AUTHORIT IN AND FOR THE CITY OF MONTICELLO O~~ \<C1\ ~-9s~~ Ollie Koropchak Economic Development Director cc: BRA File . ..,. Monticello City Hull, 250 E. Broadway, PO Box 1147, Monticello, N 55362-9245 . (612) 295-2711 . Fax: (612) 295-4404 om..... or ""hli,' Worh I)()'I fillll-r"IIl"\l' Hd M"nti,''''I" r-. N <;<;1(,' . If. I'll ''1<;-11711 . Fa,' (6PI '71.1'7' ~..-. .~...-.- ., , . - -- --- August 10, 1998 MONTICELLO John 1. Peterson Attorney at Law Johnson, Larson, & Peterson 908 Commercial Drive Buffalo, MN 55313 Re: Richard and Marion Carlson PropertylPurchase greement Dear Mr. Peterson: . At the Housing and Redevelopment Authority (HRA) me ting of August 5, 1998, the commissioners were asked to consider accepting the counter60ffer of $179,500 "as is" for the property located at 225 Front Street. In order to manage their financial operations in a responsi Ie manner, the HRA passed a motion to table any action relating to the July 24, 1998, counter60ffer from th Carlsons. A second motion authorized HRA staff and the HRA [mancial consultants to prepare curren cash flow statements and cash flow projections, and to call a special meeting of the HRA to review the pre ared fmancial information thereby assisting the HRA in budget planning for 1999 and to serve as a guide or redevelopment decisions. The tentative date of the special meeting is set for August 20, 1998, 7;00 p.m. at City Hall. Official calling of the public meeting will meet the statute requirements g veming the authority. Thank you for consideration of the HRA decision. I will ontact your office following the special meeting of the HRA If you have any questions, please do not hesitat to call me at 27163208. Sincerely, HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO, MINNES TA o~ \(0\0 ~SJ~ Ollie Koropchak Executive Director . cc; HRA File Rick Wolfsteller, City Administrator Monticello City Hall, 250 E. Broadway, PO Box 1147, Monticello MN 55362-9245. (612) 295-2711 . Fax: (612) 295-4404 Office of Public Works, 909 Golf Course Rd., Monticello. I N 55362. (612) 295-3170 . Fax; (612) 271-3272 . . . JOHNSON, LARSON, & PETERSON, P.A. ATTORNEY AT LAW JAN C. LARSON+ JOHN T. PETERSON+ JUHL S. HALVORSON CINDI S. MATT 908 COMMERCIAL DRIVE BUFFALO, MINNESOTA 55313 (612)682-4550 FAX: (612)682.4465 +Real Property Law Specialist Certified by Min"esota State Bar Associatio" WALTER S. JOHNSON SENIOR PARTNER/RETlRED July 24, 1998 Monticello HRA Attn: Ollie Koropchak P.O. Box 1147 250 East Broadway Monticello, MN 55362 BY FAX AND U.S. MAIL Re: Richard and Marion Carlson Prope /Purchase Agreement Dear Ms. Koropchak: As the Monticello HRA' s proposed purcha e of the Richard and Marion Carlson property remains in a negotiation phase, rather than prepari g and tendering to the HRA a proposed Purchase Agreement, the Carlsons would prefer to roceed with a letter outlining the terms and conditions upon which they would agree to sell the r property to the Monticello HRA, with said terms to be later memorialized in a formal Purchas Agreement upon acceptance. The sale price for the Carlson property WOll d be $179,500.00, the sum of $5,000.00 deposited as earnest money, with the HRA taking t e property "AS IS". Closing would occur on or before 18 months after the Purchase Agreement as signed. During this 18 month period, the Carl sons, as sellers, would have the option to move the closing date up by providing written notice to you, as the City's agent, that they are read, willing and able to complete the closing on the property. Upon receipt of said notice, the City ould then close on the property on or before 30 days after receipt of written notice from the Carl ons of their intent to accelerate the closing date. - In addition to the above terms, the Carlsons ould be reimbursed the sum of $300.00 for the survey obtained on their property, since the s y itself was requested by the City. The City would be responsible for paying all closing costs, i cluding those customarily paid by the seller, i.e., deed tax, Satisfaction of Mortgage recording fe s, etc. Additionally, the Carlsons would not be responsible for paying any part of any realtor's c mmissions relative to the sale/purchase of their property, in the event the City has enlisted the ervices of a realtor. Prior to the date of closing, the Carl sons wo Id be allowed to remove the antique back door on the residence, as well as the window treatm nts, garden bulbs, refrigerator, and any and all woodwork relating to the built in china cabinets hich the Carlsons installed on the property. Additionally, up and until the date of closing, the C lsons would be permitted the use of the . . . July 24, 1998 Page 2 garage owned by the City and located across the s eet from their property for storage, at no cost to the Carlsons. The Carlsons would agree to obt in any necessary insurance for their personal property stored in the garage, at no expense to the ity. Lastly, the Carl sons would be allowed to remove any fallen trees located on the property up and until the date of closing. It is the Carl sons and my understanding th t the immediate possession of the property is not as of much importance, as is the reaching of agreement to ensure that the City will be able to purchase the property. Consequently, the 18 m nth period allows the Carlsons ample opportunity to locate a replacement property, and i turn serves to assure the HRA that it will be able to purchase this property from the Carlsons. On one last note, I have enclosed herewith copy of a July 12, 1993 report from Otto Associates concerning the Carlson property as it re ated to a topographical examination thereof, as this report would pertain to the June 24, 1998 M morandum provided to you from Stephen Grittman concerning any Mississippi water level is ues. You should further be advised that while so e room for negotiation exists, my clients are quite firm concerning the price and terms outlined bove. As relayed to you in prior correspondence, the above terms accommodate for he City's planned use of the property after purchase, to include the possibility that it is the Ci 's intent to raze the structure. In any event, we would authorized you to co vey the above terms to the Monticello HRA at the scheduled August 5, 1998 meeting. Absent a ceptance, this offer of sale will be withdrawn by 5:00 p.m. on August 10, 1998. This letter shall serve as a letter of intent nly, and shall not be legally binding on either party. The parties presently intend to ent r into negotiations, possibly leading to the sale/purchase of that property which is the subje t hereof, and all conditions, contingencies and terms with respect to said prospective sale/p rchase, as listed above, are not binding on either party, until such time that a formal agree ent of the sale/purchase of said property is. entered between the parties. Thank,you for yo time and consideration in this matter. May I remain, JTP:mar enclosure cc: Richard and Marion Carlson . . . TTO SSOCIATES ENGINEERS & LAND SURVEYORS, INC. July 12, 1993 Richard and Marion Carlson 225 Front Street Monticello, MN 55313 Re: Job No. 93372 - Elevation of buildings 0 Lots 1-5, Block 64, City of Monticello. Dear Richard and Marion; As per your request, we have obtained elevations of your home, garage and property, they are as follows: 1) 2) 3) 4) 5) Basement floor elevation = 908.09 First floor elevation = 917.13 feet Top of sidewalk at'entrance to base ent = 913.19 feet Garage floor slab = 913.87 feet Centerline of Front Street on East s de.of home = 912.77 feet. The 100 year flood elevation of the Mississippi iver in this area according to the Federal Emergency Management Agency Flood Insurance Rate Map is 908.00 feet. This data was obtained from the City of Monticello building in pections department. This means that the basement floor is 0.09 feet .a..bo.Y.e. the 100 year flo d elevation of the Mississippi River. If you have any questions, feel free to contact me. I hearby certify that this surv y, plan or report was prepared by me or under my irect supervision and that I am a duly Registered La d Surveyor under the laws of the ate of Mi esot. C Land Surveyor Date: 7/\ '2/'i3 w , 9 WEST DIVISION STREET - BUFFALO MINN. 55313 - (612) 682-4727 June 16, 1 98 MONTICELLO John T. Peterson Attorney at Law 908 Commercial Drive Buffalo, MN 55313 Re: Richard and Marion Carlson Property/Purcha e Agreement "- Dear Mr. Peterson: On behalf of the Housing and Redevelopment Autho 'ty (BRA) in and for the City of Monticello, Minnesota, this letter is in response to your letter of une 10, 1998. At this time, the HRA has not made any final decision as to whether the structu e on the property will be razed immediately after purchase or used for some interim period oftim . For your purposes, however, the HRA would consider negotiating the terms of the tendered Purchase Agreement and Option Agreement as it relates to the Carlson's retaining various items I cated in the house. . Secondly, the appraisal report for the property is co dential data under Minnesota Statutes, Section 13.50 and does not become public until on t e following occurs: (a) the negotiating parties exchange appraisals; (b) the report is submitt d to court appointed condemnation commissioners; ( c) the report is presented in court in condemnation proceedings; or (d) the negotiating parties enter into an agreement for the p rchase and sale of the property. None of the events has occurred that would make the report publ c. Therefore, at this time, I am unable to provide the report to you. For the purpose of evaluating the HRA's offer, hower, I would point out that the 1997 Tax Book estimated market value of the property was $1 5,600. In addition, the residential use of the property is non-conforming and the property is locat d within the Flood Plain District. Both of those conditions restrict the use of the property and erefore its value. Lastly, according to the 1998 Tax: Book for parcel n mber 155-010-064010, two special assessments exist against the property: 86000-0 ($42.00) and 80111A-0 ($324.60.) According to the 1998 Special Assessments Book, the remainin balance of the 80111A-0 assessment is $304.79. It is my understanding, the 86000-0 assess ent is an annual county assessment. . Monticello City Hall, 250 E. Broadway, PO Box 1147, Monticell ,MN 55362-9245. (612) 295-2711. Fax: (612) 295-4404 Office of Public Works, 909 Golf Course Rd., Monticello, N 55362 . (612) 295-3170. Fax: (612) 271-3272 . . . Mr. Peterson June 16, 1998 Page 2 Again, the BRA is open to consider negotiating the t of the tendered Purchase Agreement and Option Agreement or counteroffer. The regular eeting of the HRA is the first Wednesday of each month at 7:00 p.m. in the Council Chambers. The commissioners receive the meeting agenda the Friday prior to the meeting. Please call e at 271~3208, if you wish to be on the HRA agenda or if you have any questions. Respectfully yours, HOUSING AND REDEVELOPMENT AUTHOR! IN AND FOR THE CITY OF MONTICELLO, ()~ \<~_"o ~ Ollie Koropchak Executive Director cc: File Planning Department Corrine H. Thomson, Kennedy & Graven SOTA .'" . . . JOHNSON, LARSON, PETERSON, P.A. ATTORNEYS AT LAW JAN C. LARSON+ JOHN T. PETERSON+ JUHL S. HALVORSON CINDI S. MATT +Real Property Law Specialist Certified by Minnesota State Bar Association June 10, 998 Monticello HRA Attn: Ollie Koropchak P.O. Box 1147 250 East Broadway Monticello, MN 55362 908 COMMERCIAL DRIVE BUFFALO, MINNESOTA 55313 (612)682-4550 FAX: (612)682-4465 WALTER S. JOHNSON SENIOR PARTNER/RETlRED Re: Richard and Marion Carlson Prope /Purchase Agreement Dear Ms. Koropchak: Richard and Marion Carlson have sought t s office's assistance relative to that offer by the Monticello HRA to purchase their property loc ted at 225 Front Street West in the City of Monticello. The Carlsons have provided me with copy of the tendered Purchase Agreement for the property denoting a purchase price of $130,000.00, containing the terms of purchase as presently offered by the Monticello HRA. In additi n thereto, I have had the opportunity to review various correspondence received by the Car sons from the City in its pursuit of the purchase of their property. At this point in time, the Carlsons have deci ed to further explore the sale of their property to the Monticello HRA. However, in orde to properly fashion a counteroffer to that Purchase Agreement denoting a purchase price of$ 30,000.00, the Carlsons would ask that the City provide them with additional information cone rning the City's purpose for purchasing their property. By "purpose" the Carlsons are not lookin for the City's long range plans in the event of purchase, but rather the short term purpose. In 0 her words, if the City were to purchase the Carlson property, would it be the City's intent to r e the existing structure, or to continue to use the structure for some other City objective. The re on the Carlsons are so interested, again, relates to the fashioning of their counteroffer. Ifit i indeed the City's intent to raze the existing structure after purchase, the Carlsons would be inte ested in retaining various items located in the house, some of which may otherwise be considered to be fixtures. Consequently, it would be helpful if you could provide this information to us. A secondary question would relate to the rat onale for an offer to purchase their property for the sum of $130,000.00. The basic question wo ld be "What is the basis for the amount offered?" It is the Carlson's understanding that the ity has obtained an appraisal upon which it based its offer. The Carlsons have obtained their 0 appraisal which differs significantly . . . June 10, 1998 Page 2 from the amount offered in the City's Purchase A eement. Perhaps if you could provide us with a copy of the appraisal, it would be helpful in und rstanding the initial amount offered. Lastly, since you would have access to the e records, I would ask if you could inform us as to the possible existence oflevied and/or pend' g special assessments against the property. The Carlson's parcel identification number is 155- 10-064010. Upon receipt of the above information, the Carlsons will be fashioning a counteroffer to the City. At the present time, the Carlsons have n t yet determined whether or not they will obtain a second appraisal for their property to assi in arising at a legitimate counteroffer. While the counteroffer you could expect to receive in the ext few weeks may contain minor negotiable items, by in large, you should expect the Carlson's counteroffer to be firm. The Carlsons have requested that all furthe correspondence and/or communications relative to the potential purchase by the HRA ofM nticello of their property be directed to this office. Please contact me if you have any question, otherwise, please forward the above information at your convenience. Thank you. May I remain, JTP:mar cc: Richard and Marion Carlson . . . NORTHWEST ASSOCIATE MEMORANDUM TO: Jeff O'Neill FROM: Stephen Grittman DATE: October 30, 1997 CONSULTANTS, INC. RE: Monticello - Construction n the Flood Plain District FILE NO: 191.06 I have reviewed the Ordinance regarding the co struction of a detached garage accessory to a non-conforming single family home which i potentially in the Flood Plain. Apart from the flood plain issue, it is my opinion that a det ched garage could likely be constructed. It would require the approval of a Conditional U e Permit to allow the expansion of a non- conforming residential unit (Subd. 3-1 [J]), and ariances to setbacks from the street, and probably the shoreline. Variances could be j stifiable based upon the variance criteria which include shallowness of lot, topograph , and an inability to put the property to reasonable use without the variance. The City has considered garages to be reasonable use in the past. With regard to the Flood Plain issue, the Flo d Plain Management Ordinance does not allow construction in the Floodway (the 100 yea flood area). However, it does potentially allow fill to take the area out of fhe Floodway b Conditional Use Permit. The fill must be engineered and treated with vegetation or rip-ra to avoid erosion, and must not negatively impact the hydraulic levels of the remaining floo way. An engineer would have to give an opinion that the fill qualified in this way. To qu lify for garge construction, this fill must be placed to at least the "regulatory flood elev tion": an elevation one foot above the floodwayelevation. This would then allow the construction of a 9 rage. Since the resulting condition would still likely be Flood Fringe, the garage would r quire a CUP for construction in the Flood Fringe. This garage must be designed to void flood damage, and the fifteen feet surrounding the structure would also have to m et the regulatory flood elevation for flood protection. All of this would require engine r's certification beforehand, and as-built . . . certification afterward. In summary, the property owner would need he following: CUP for expansion of a non-conforming residential use. Variances from setbacks, as appropriate. CUP for placement of fill in the Floodway. CUP for construction of a garage in the Floo Fringe. As noted above, engineering would be nece sary for each step, well beyond the usual reuqirements for a simple building permit for a garage. Finally, the Flood Plain District expressly permits the City to impose time Iimi s on Conditional Use Permits.