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City Council Agenda Packet 08-24-1998 . Low Density Residential 200 acres ~arLLO FUTURE LAND USE ,. ~ ........-.......... \ .:: ,..-- ~ -'-~' .-..............- Industri I 150acres i 9 h Den s i ty Residentia (10du/ac) 150acres . ~ ..'l..<: , Low Density Residential 550 acres , , , ... , , , i. .... Commercial 200 acres I i '. 'j--- .....,j Mid-Density Residential (5 du/ae) 150acres Low Density Residentia-I (2 du/ae) 1000acres . Northwest Associated Consultants In I October 5, 1995 Sf1- \ S Figure 6 - .. 1998 EXIST - 12300 2000 BUILD - 12922 2009 NO BUILD - 16139 2009 BUILD - 20488 . ----- 3"1.t 73"1. SITE TRAFFIC DISTRIBUTION \. 51. t ) \. 14"1. 1998 EXIST - 360 2000 BUILD - 452 2009 NO BUILD - 472 2009 BUILD - 1586 ADT - AVERAGE DAILY TRAFFIC 350 II'.4estwood I..aka 0IIIc::0 6441 Wayz.al:;I ElOIAeviIld Mlnneapol.. MN 55042C 812-641-4800 "hoodatu, 1",,- FAA 641-111l1l INFAASlRUCTURE . ENGINEERS . PlANNERS Gold Nugget Development 6"1. t ) Monticello, Minnesota " .. 8"1. J CR 11 7 - t 13"1. 51. - 1998 EXIST - 834 2000 BUILD - 944 2009 NO BUILD - 1094 2009 BUILD - 2130 85th STREET NE WSB PTqect No. 1089.10 Cly PTqec:t No. 266 Date: Augusl17, 1998 Existing & Projected ADT Figure 5 S B- 1,--\ I ---. ~N 1 _u_,_____ II ' lI"" : ___11_ Icy''' . ~ N:i.l'....JT;'I1;;.iJ.':rtii"[--<V - u 7. - 'u II1II .;lJ"'." ,,;u.....,1 I I ,,:. " /llj....~.~'u-~'~~~'-'~!-: W:~:-.;..,~\~li.. . .J/;;'Ji' ;; uj,"'" / J ,,:.,. :-.~ : ' 'or:, ' I ,'to' ,-{. ~Ic' de _n Y ..,,,,l,/J:i!,A7;"'" .l.lJ.I. . J;C 'I' ,:t:' 1.~;,: 'f ~{.l:i::.,~.';:'lJj ~~;"'r' .\.~7;""'i Ii : c~~ ~1~A1'~~/!~~t '.._.I':'~ .'(~~ 11:,,:'?::j:J/I~I~iit\~~ '.....,.;. .!..."...'.,;;'\."'~ ~".' -~" ,,,,~}.~ : I. (.~...>,I..~!j C'l ~ I I 1..-:1'--1-_1... i'UfU' ),;;,YI "T " ' ,. ,j'.~,: "I~)r//, i?- f Iii ' !'''--11 ,~. 7': :f;k- - :. , ., . -/":"', I ,---..-I / ,..;;~?f' ":l,~rl.t1, /) .. . h. ~iJ . . 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CC 1-1- CI)CI) ~N<c( tJ~ D.J: :ELL I CO -'0 ~o zan ;g..J ~I cnCO 0'0 o NO ~ ..J >.I~ III 0 Can :s!..J ~I 0) CO 0'0 o NO ~ ..J I _CO ~'O .21 0 Zan 3;!..J ~I Oco Z"t:I ~o o ~ N..J I >0 CO Ill"t:l Co ~~ ~I ZCO cn"t:l 00 ~~ ..J j j;I':' r~1'^ 'o.~ t."..~ " 0 ,.... frn 0 an (0 lO.'1O '''':11)0 ;1)an,.... "'":lOO,.... ~lOC'OCD ll':!"'":ano ~:g(O"'" "'":0,.... ~II)CD ~ano frill)"'" lX!lX!o,.... rofriCDc.o <C!C'\!II)O ~roCD"'" CC 1-1- CI)CI) ~Nc:(c( tJ~ Q.:r: :ELL I/) "E en '0 c:: S II) <( u a.. :E - o Q) o c:: en '0 Q) Q) ~ Q) .s Q) > ~ Q) II) .0 c:: I/) .$ o c:: Q) o I S B- \q, co ~ ~ -.. co . E ~. a. '- Q) "5 a. E o o ill "0 o :2 Q) II) .0 Z o IE ~ I- o N ro c "E .!9 II) Q) ..c ...... c: o "0 2 ::J a. E o o ~. ~ Q) II) "0 Z . . . 5C. A. REFERENCE AND BACKGROUN : Council Agenda - 8/24/98 ress City Council is asked to review the 1999 M nticello Heartland Express Management Plan and associated Transit Assistance appli ation for 1999. The application includes a resolution approving City participation in fI ding the program. The proposed 1999 Management Plan does not have any signifi ant changes for 1999. The City intends to renew the contract with oglund Transportation for an additional year as provided in the current contract as 10 g as any increases do not exceed 4 percent. The total cost to operate the Heartland Expr ss in 1999 is projected at $74,900, which would amount to a 3.82% increase in the Ho lund Transportation contract. This projected increase is included in the Transit ssistance application subject to approval by the state. The total projected budget of $74,900 woul be funded by $12,500 in farebox revenue, $17,460 local share through the City of Mo ticello, and the balance of the cost ($44,940) would be paid by state and federal sources. idership has maintained a steady usage with the bus running continuously throughout the day. It is projected that the Heartland Express will provide over 17,000 rides in 1998 with half of those being rides for the elderly. About 4000 rides will be given to a ults and 4000 to children with the balance being provided for disabled persons. Additional marketing will be undertaken in 999 to increase exposure and awareness of the Heartland Express bus service. We are oping to increase our ridership to 18,000 for 1999. We will be looking at statistics during 1999 0 see ifthere is enough usage to warrant addition of a second bus in the future years. Some future changes that may impact ridership after 1999 are continued residentia development, annexation of Kjellberg's West Mobile Home Park, St Benedict's Ce er senior housing project, completion of the Community Center and downtown redevelo ment. It is anticipated that any or all of these could increase demand noticeably. H wever, ridership may have peaked due simply to the capacity of one bus. The bus urrently provide 6-7 rides per hour. New demand may warrant another bus in the ye 2000. 5 Council Agenda - 8/24/98 . B. AL TERNA TIVE ACTIONS: 1. Motion to approve the 1999 Manage ent Plan and Transit Assistance application. This option would provide a projecte budget of $74,900 to operate the Monticello Heartland Express Bus, ith the city share at $17,460. 2. Motion to deny approval of the 1999 anagement Plan and Transit Assistance application. C. STAFF RECOMMENDATION: Alternative #1 is recommended. The Heartl d Express Bus is providing a cost-efficient responsive transportation service to resident of the community. Cost increases have stayed relatively low, while fares remain at 0 more than $1 per ride for city residents. Reduced fare tickets are available in books f 40 for $25 and senior citizens receive 10 free tickets with each book of 40. We belie e the Heartland Express provides a valuable service for the citizens of our community an should be continued. D. SUPPORTING DATA: . Resolution for adoption. (The Management Plan is available at city hall for review.) . 6 . . . CITY OF ONTICELLO Resolved that the Cit of Monticello (recipient organization) with the State of Minnesota, Department of Transpo ation, to provide public transportation service enter into Contract Number 76784 III Monticello (service area) Further resolved that the City of Monticello (recipient organization) operating cost from local funds and 20% of the total apital costs. Further resolved that authorization to 40 percent of the total execute the aforementioned Contract and any amend ents thereto is hereby given to the Assistant Administrator or the Finance Assistant . Further resolved that the Assistant Administrator (title) r the Finance Assistant is hereby (title) authorized to execute requests for reimbursement fro the Minnesota Department of Transportation. CERTI leA TION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the Monticello Citv Council a a duly authorized meeting thereof, held on the 24th day of August ,19 ~ as shown by the minutes of said meeting . . III my possessIOn. (name) Notary (title) EXHIBIT I T A3.PPW ~~~ _....tL.....- . . . 5D. Consideration of amendment to resolutio Rid~e - Amend le~al description. (J.O.) A. REFERENCE AND BACKGROUN Council Agenda - 8/24/98 annexation of Wildwood This is a housekeeping matter. The joint ci /township resolution supporting annexation of the Wildwood Ridge property that was a opted two weeks ago needs to be amended to include the entire plat and not just Phase 1. riginally, only the first phase of the plat was set for annexation because further annexati ns throughout the MOAA are halted by agreement if less than 50% of the annexed ea is not developed. Obviously, it is not in the city's interest to annex portion of a plat hat is not being developed (Phase II). However, in this case, more than 50% ofth total (76) lots at Wildwood Ridge will be developed with completion of Phase I, ther fore, it should not be a problem to annex the entire site including Phase I & II. Finally, t e township approved annexation of the entire site in their action last Monday B. AL TERNA TIVE ACTIONS: 1. Motion to adopt amended joint city/ ownship resolution supporting annexation of the entire Wildwood Ridge develop ent site. 2. Motion to deny adopting amendedj int city/township resolution supporting annexation of the entire Wildwood idge development site. C. STAFF RECOMMENDATION: The City Administrator recommends Altern tive 1. D. SUPPORTING DATA: Resolution & Excerpt from Joint Agreemen 7 . .".' .' \ .,," ;~, ~ ". ' '~'.\ ,'" "... '~,i "\ .~~f'.,...r(~'~~' e'~,'?;'; : '~!/ ,~.!~ ''''~:..,'':~'~!.\ ," '.'.'.:'.",\, ~..,.fI \',-,;,.- '\ .', ..... ~ ,,..,'(\....;1'}..,-~ . .~ \~\~.l.:~~t:~~~~~~~~~ '~E:~::::T~gNT::TWEEN \~'", ,.' THE towN OF MO TICELLO AND THE ~>:";;~..,"'".. .....,".,e'C1TV OF MONTIC LLO, MINNESOTA \ ,P-URSUANT TO MINNESOT STATUTES 414.0325, SUBD.l TO: Minnesota Municipal Board 165 Metro Square Building St. Paul, MN 55101 The Town of Monticello and the City of Monticell hereby jointly agree that the joint resolution between the Town of Monticello and the City of onticello designating an area for orderly annexation dated March 6, 1998, be amended to i lude the following: The Northwest Quarter of the Northwest Q arter of Section 19, Township 24, Range 121, Wright County, Minnesota, . Both the Town and the City agree that no a1teratio of the stated boundaries of this agreement is appropriate. Furthermore, both parties agree that 0 consideration by the Board is necessary, Upon receipt of this resolution, the Municipal Board ma review and comment but shall, within 30 days, order the annexation of the following-described pr perty in accordance with the terms of the joint resolution. Approved by the City of Monticello this ~ da of A u(Jus7-, 19 'It. 'Al/L~~' Mayor .~ h. d.&d ~1LA''j Town hair Approved by the Town of Monticello this 11ft ay of ~ 191% ~~ own Clerk 50~\ . . . of the land use plan must be consistent with e Southwest Area Concept Plan, where applicable. Contiguous shall mean that the p operties have a conunOIl, overlapping boundaxy of at least 66 feet. Said boundary hall be considered common if said overlapping would otherwisc touch along thc lcngth of said common area but for the presence of an intervening roadway or railro . Areas which the City serves with sanitary sewer service pursuant to a Minneso Pollution Control Agency (ClMPCA") order to SeJVC said properties need not meet e definition of contiguous set out in this paragra h. 6. At least 50% of each parcel of property BJUle ed by the City must be served with sandtary . . .. . . the Ci etlan s which remain unfllled sh be excluded from said 50% service ent. If any annexed property is not 0 served within 3 years of the date of annexation, no future annexatioll5 of any pro eIty from the Township to the City may occur Wltil said sanitary sewer service and m . cipal water service are extended to 50% of said annexed property. The restrietio s of this paragraph shall not apply to any property meeting any of the fOllowing co ditions: A. Extension of sanitary sewer service or m icipal water service to a particular parcel of property is rendered impossible uc to a regulatory impossibility outside of the City's control. (e.g. MPCA will not allow the annexed property to be sewered within 3 yr, time period). B. The cost of installing sanitaty sewer or m . cipal water service exceeds 150% of the City Engineer's good faith estimate of the cost of installing sanitary sewer service and municipal water service to sai property (being the same estimate as that used for determining the amount of Ie er of credit or other surety required of developer). C. Cemeteries and parcels used primarily for water towers or wastewater treatment plants . D. Kjellberg's mobile home park (property P s #213100-154402 and 213100- 154401), provided it is first served with s 'tary sewer service over 50% oithe property, in which case no municipal wat service requirement shall apply. 7. All property annexed from the OM shall be xed only in accordance with the procedw-es detailed in tbe paragraph, unless e Township waives the requirements of this paragraph via a separate joint resolution ti r the orderly annexation of a particular parcel of property. The procedures below are isted in the chronological order in which they must occur: A. One hundred percent of the landowners of the parcel to be annexed shall first submit an annexation petition to the City ( aid petition shall detail the intended use 3 5D-J- , . . . 5E. Council Agenda - 8/24/98 Consideration to ado t a resolution callin for a ublic hearin on the modification of Central Monticello Redevelo me t Pro.ect No.1 and the establishment ofTIF District No. 1-25. (O.K.) A. REFERENCE AND BACKG The City Council is requested to adopt a resolution calling for a public hearing on September 14, 1998, for modification fCentral Monticello Redevelopment Project No. 1 and the establishment ofTIF District No. 1-25. The proposed TIF District is an economic district for construction of a 2,000 sq ft steel manufacturing facility by Blue Chip Development Company. The fac'lity will be leased to B&B Metal Stamping, Inc., increasing the tax base and creating 8-10 new jobs for Monticello at an average wage of $14.10 per hour without benefits. Calli g for the public hearing is a routine process for establishment of a new TIF District. T e TIF Plan was distributed to the taxing jurisdictions on August 14, 1998. B. ALTERNATIVE ACTION: 1. A motion to adopt a resolution c lling for a public hearing on the modification of Central Monticello Redevelopm nt Project No.1 and the establishment ofTIF District No. 1-25. 2. A motion to deny adoption ofth resolution. 3. A motion to table any action. C. RECOMMENDATION: The City Administrator and HRA Execu ive Director recommend Alternative 1. D. SUPPORTING DATA: Copy of the resolution for adoption. 8 CITY OF MONTICELL ,MINNESQT A RESOLUTION CALLING FOR A P UC HEARING BY THE Cfrv ON TilE ADOPTION OF mE pROpO ED MODIFIED REDEVELOPMENT pLAN FOR CENTRAL MoNTICE LO REDEVELOPMENT PROJECT NO.l,AND THE PROPOSED TAX CREMENT FINANCING PLAN FOR TAX INcREMENT FINANCING D STRlCI NO. 1-25 TllEREIN. RESOLUTION BElT RESOLVED by the City Council (the "Council" fortbe City of Monticello, Minnesota (the "City"), as followS: Sec,ion I. Public He.,i"". This Council shall meet on Monday, September 14, 1998, at approximately 7; 00 I' .m,,1O bold a public bearing on th proposed adoption of the Modified Redevelopment Plan for Central Monticello Redevelopment Project o. I, the proposed establishment ofTax Increment Financing District No. 1-25, (an economic develop ent district), and the ptoposed adoption of a Tall Increment Financing Plan therefor, all pursuant to and ccordan" with Minnesota Statutes, Sections 469.00 I through 469.047, inclusive, as amended. and Min <sota Statutes, Sections 469.174 through 469.179, inclusive, as amended, in an effort to encourage the evelopment and redevetopment of cenain designated areas within the City; and Section 2. N t' ce 0 Public Hear' Plan~ City staff Is authorized and directcd to work with Ehlers and Associates. Inc., to prcpare the M dified Redevelopment plan and the Tax Increment Financing Plan (thc "Plans") and to forward docu ents to the appropriate taxing jurisdictions including Wright County and Indcpendent School District No. 82. The City Adm inistrator is authorizcd and directed to cause notice oflhe hearing, together with an appr priate map as requi.ed by law, to be published at least once in the oflOcial newspaper of the City not later an 10, nor more than 30, days prior 10 September 14, 1998, and to place a copy ofthe plans on file in the it)' Administrator's office at City Hall and to make such copy available for inspection by tht public. . Dated: Adopted: - Mayor . City Administrator 5t'\ A TrEST: . . . 5F. Consideration of acce tin bids and awar Monte Club. A. REFERENCE AND BACKGROUN I Council Agenda - 8/24/98 sewer extension ro . ect - The low bid was submitted by Molitor Exca atin Inc. in the amount of $23.571.50. This is an excellent price. Unfortunately, th project cannot be computed at this time because the township will not agree to annex tion and the owner of the Monte Club cannot afford to pay three times the normal r tes to hook-up with the facility remaining in the township. B. ALTERNATIVE ACTIONS: 1. Motion to accept bids and award to olitor Excavatin Inc. in the amount of $23.571.50 contingent on annexation of the Monte Club property or contingent on owner paying non-city hook-up fee r tes. Motion also contingent on execution of Development Agreement per terms 0 Council meeting in December 1997. 2. Motion to deny award of bid. 3. Motion to table. C. STAFF RECOMMENDATIONS: The City Administrator recommends Altern tive 1. SUPPORTING DATA: ,,,C;-' ,) ~J'\ '\,,\\)1 , " Bid Tabulation \. \ -. rl)l).' j) lV"-'" Wr ' /<'. (~ e It,''\') ri" (' c j(ft I'y' ,Lv 1~ \~X f; D. 9 7 JtL? , ''1\ . . . Monte Club Sanitary Sewer Service and A opurtenant Work City Project No.9-lIe City of Monticel/t, MN Bids Opened: 9:30 a.nt. August 21,1998 Contractor Northdale Construction Schluender Construction, Inc. Kuechle Underground, Inc. LaTour Construction Kramer Excavating R.P. Utilities, Inc. Breitbach Construction Co. Barbarossa and Sons R. Larson Excavating Dunnick Bros., Inc. Molitor Excavating, Inc. Inland Utility Construction Engineer's Estimate Bid Securi( 6/.{ oK::... () t", ,) ;:,. at o k_ It) Ie WSB & Associates, Inc. Project No. 1010.62 Grand Total Bid Grand Total Bid and Alt. No.1 $ 3..5 ft 9 0 , .;;J,CJ $ CH? :; ~ I J If. .--~ $L{q. Y3{ 01 $ 00 3'1 9SS- $ 0(;) 3Lf,103,'- $ C,C) 115. 0.:.)5 .~ $ $ $ ?>.), ~;).5, /,0 $4') I~q, 14 $35 71l/.78 $1.r7/lodO..J3 $ $ $3(.,., 5.;;)f.t,. L.O $<'/5 373.:H, $ $ $ $ $ J.5 57 I" S6 $ 31, '7..,3 .2!!- $ $ $ $ $ $ $ $ $ $ $29,500 $38,600 1 hereby certi'(Y that this is a true and correct tabulation of the bids as received on August 21, 1998. City Engineer Bret A. Weiss, P.E. ,. · Dellotes correctedfigure..' , F"",,",M""''''''''''''~. ~ ~ Monticello T wnship County Road 117 Monticello, Minne ota 55362 . August 18, 1998 Rick Wolfsteller, Administrator City of Monticello 250 E. Broadway Monticello, Mn. Dear Rick: Bruce Gagnelius and Butch LindeQ elser appeared before the Monticello Township Board on Monday, August 17th, regarding their problem of a fai ed septic system at the Monte Club. After some lengthy discussion th Board came up with two options for the City Council to consider. . The first option being that the Monte Club land be hooked up to city sewer and remain in he township, until time that the land to the north is annexe. This will not break the agreement recently signed with city. The second option is that' Monti Monte Club to be annexed into t providing Monticello Township r property for 10 years, which Ga Assistant Administrator Jeff 0' would be willing to do. Furthe to be annexed under this condit precedence for future annexatio contiguous with other city prop Sincerely, MONTICELLO TOWN BOARD D6JS~ by clerk, Darlene Sawatzke. copy: Bruce Gagnelius . ello Township allow the e city of Monticello ceive the taxes from the nelius said that your eil told him that the City by allowing the Monte Club on that this does not set a s as this property is not rty. . . . Council Agenda - 8/24/98 7. A. REFERENCE AND BACKGRO The City Council is requested to hold a p blic hearing and approve a resolution modifying Project No.1 Plan and establis ing TIF District No. 1-24 for St. Benedict's Care Center. The taxing jurisdictions rece ved a copy ofthe proposed TIF Plan thirty days prior to the scheduled public hearing and a public hearing notice appeared in the local newspaper at least 10 days prior to t e public hearing. Please open and close the public hearing. Enclosed you will find an overview of the TIF Plan for TIF District No. 1-24 as prepared by Ehlers & Associates. You will note th overview outlines the project description and required findings of the Council. Allen Back, on behalf of St. Ben's, submitted a proforma with construction costs, rental r tes, and income levels satisfactory to meet the qualifications of a "qualified housing dis . ct". The project will not be funded by tax exempt bonds but will be financed by St. en's. The district, as a "qualified housing district", exempts the City from the HAC Penalty and the "but for" test does not apply. This TIF District is similar to the Mississi pi Shores district. Dan Greensweig of Kennedy & Graven will be present at the ouncil meeting. A copy of the entire TIF District No. 1-24 Plan and modified Centr 1 Monticello Redevelopment Project No.1 Plan are available at City Hall for your re iew. The project area lies to the north ofthe pr posed St. Henry's Parish development site. The Contract for Private Redevelopment etween the HRA and St. Benedict's Care Center will describe the level of TIF assis ce and the terms and conditions of the contract as prepared by HRA Attorney Ste e Bubul. At this time, the contract is under preparation and is not finalized due to so e uncertainty and perhaps modification in the allocation of TIF costs. Hopefully, this is etermined in time for approval of the district on Monday night; otherwise, it is recomm nded the agenda item be tabled until September 14. A building permit cannot e issued until the TIF Plan is approved. The HRA agreed to pay-as-you-go TIF as istance for site and utility improvements and land write-down in an amount not-to-exce d $440,000 Net Present Value over the life of the 25 year district. After closing the public hearing, please co sider the following alternative actions relating to the establishment of TIF District No. 1- 4. 10 . Council Agenda - 8/24/98 B. ALTERNATIVE ACTION: 1. A motion to approve a resolution adopting the modified Redevelopment Plan for Central Monticello Redevelopme t Project No.1 and establishing within Central Monticello Redevelopment Proje t No. 1 TIF District No. 1-24 and adopting the related TIF Plan therefor. 2. A motion to deny approval of a r solution adopting the modified Redevelopment Plan for Central Monticello Rede elopment Project No.1 and establishing within Central Monticello Redevelopme t Project No.1 TIF District No. 1-24 and adopting the related TIF Plan ther for. 3. A motion to table approval of the esolution until September 14. C. RECOMMENDATION: . As the proposed project will increase the ocal tax base and provide low and moderate income housing and rental rates for senio residents, the City Administrator and Economic Development Director recom end alternative no. 1 assuming the HRA financial consultant has received financia information supporting the allocation of TIF costs as eligible expenditures. If the fin cial information is not received, the recommendation is alternative no. 3. D. SUPPORTING DATA: Overview ofTIF District No. 1-24, map i entifying the district location, and copy of the resolution for approval. . 11 . . . -"- - ,;>/ ,!/ '; A Ehlers and Associates V Tax Increment Financing District Overview City of Monticello - Tax Increment Financin District No. 1-24 The following summary contains an overview of the asic elements of the Tax Increment Financing Plan for TIF District No. 1-24. More detailed information n each of these topics can be found in the complete TIF Plan. Proposed action: Establishm nt of Tax Increment Financing District No. 1-24 and a option of a Tax Increment Financing Plan. Development District: Modificati n to the Redevelopment Plan for the Central Monticello Redevelopment Project No.1. Type of TIF District: An Qualifi d Housing District See attache legal description To facilitat construction of 60 unit independent living senior hou ing building in the City of Monticello. Concurrent with the construction of the independent living unit will be the construction of 60 units of assisted Ii ing units, which will not be included in District No 1-24. Both facilities are to be owned by St. Benedict's Center Legal Description Proposed development and Agreement: Maximum duration: 25 years fr m receipt of first tax increment. Estimated annual tax increment: $53,390 Proposed uses: The TIF PI n contains the following budget: Land acqui ition. . . . . . . . . . . . . . . . . $140,000 Site Impro ements . . . . . . . . . . . . . . . . 220,000 Utilities.. ...................... 170,000 Interest/De t Service Reserve. . . . . . . 676,500 Administra ive Costs (up to 10%). . .. 133.500 TOTAL. ................... $1,340,000 Form of financing: Pay-as-you go note Administrative fee: Up to 10% of annual increment, if costs are justified. '1---\ , , II., '~._."..... ..~::' . TIF District :>Verview LGA/HACA penalty Local contribution: Because Di triet No. 1-24 is a qualified housing district, it is exemp from the LGAlHACA penalty. Evidence Required findings by the City Council: I. Finding that District No. 1-24 is a qualified housing district as defined in M.S., Section 469.174, Subd. II and M.S., Section 273.1399, Subd. l(c). 1. District ~o, 1-24 consists of a portion of one parcel. The dev lopment will consist of 60 units of senior rental h using. The market value of non-assisted housing :lr commercial property will be less than 20% of the total fair market value of the planned improve nents. The development in District No. 1-24 will con ist entirely of housing tacilitieswhich meet all of tI e rent and income limitations for a low- income lousing credit under section 42 ofthe Internal RevenuE Code of 1986. . 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary. . 3. Finding that the Ta.'X Increment Financing Plan for District No. I- 24 conforms to the general plan for the development or redevelopment of the municipality as a whole 4. Finding that the Tax Increment Financing Plan for District No. 1- 24 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Central Monticello Redevelopment Project No.1 by private enterprise 2. The Ci~ has determined that, in view of reduced revenue from a housing facility intended for oceupan y by low and moderate income persons, the develop nent proposed in the Plan would n(lt be financia Iy feasible without substantial public assistan< e including tax increment financing. In making this finding, the City has relied upon the develop r's pro forma submitted to the City and Authori v, requirements of other state and local assistanc e to the development, and analysis of the need for tax increment assistance prepared by Ehlers and Ass ciales and on file in City Hall. 3. The Pial was reviewed by the Planning Commission on Aug~ st 4, 1998. The Planning Commission found that the Plan conforms to the general development plan of he City. 4. Througf the implementation of the Plan, the City or HRA w'll increase the tax base of the City, and will increase the availability of safe and decent life-cycle housing in the City. Page 2 tt ~7- . . . TIF District verview Page 1,,3 , I , . -.,. ~ LECTION UNITY HOSPITAL DISTRICT Township of Monticello, Township of -,f the Monticello-Big Lake Community n of Hospital Board members to the pital District shall be conducted In con- !, November 3,1998. ~D ARE UP FOR ELECTION: . 0; ..ego, Big Lake, Township of Big Lake, ;cello,Townshlp of Sliver Creek, 0). : for a term of four years, expiring Dec. -hall be Issued a Certificated of Electton -eptance of office In order to qu8l1fy for ~,fflce commencing January 1, 1999. 1 years of age on January 1, 1999 and }spital District and desires to be a mem- 'nshlp seat open hls/her. residence. An .fI\davlt For Candldacv. can be obtained ~sldes. Board member position of CltyfTownshlp ihe clty/townshlp where he/she resides JUrln""al business office hours. ! nor_~~lness office hours. . -;ltyfTownshlp office for their office hours. DISTRICT COURT TENTH JUDICIAL DISTRICT PROBATE DMSION ; AND NOTICE ON HEARING ON IN FOR PROBATE OF WILL AND ~TMENT OF PERSONAL REPRE- .VI: IN UNSUPERVISED ADMIN IS. IN AND NOTICE TO CREDITORS =:REDITORS that on the Wi d~~~to~tst. mB. at _ll-named Court at Innesota, for ing to be the Will of the above-named dace- appointment of NANCY HONEBRINK. " Maple Lake, MN 55358, as personalrepre- decedent In unsupervised administration, -d with the Court. That, If proper and no atlve will be appointed to administer the bts, claims, taxes and expenses, and sell ~essary acts for the estate. Upon com ple- Uile~1 file a final account tror the to ons therunto entitled as ordered liTO .lavlng claims against said estate personal representative or to the Court- . . ,r the date of this notice or said claims Will KIm R.Johnson JUDGE OF DISTRICT COURT :v LoralleJ;rawfmd. NOTICE OF PUBUC HEARING CIlY OF MONTI EU-O COUNTY OF WIGHT STATE OF MINH SOTA NOTICE IS HEREBY GIVEN that the City Co ncll of the City of Monticello, County of Wright, State of Minnesota, will hold a pu IIc hearing on Monday, August 24, 1998, at approximately 7:00 p.m. at the Mo Icello City Council Chambers in the Monticello City Hall, 250 East Broadway, Man cello, Minnesota, relating to the pro- posal of the HRA to adopt the Modified Rede elopment Plan for Central Monticello Redevelopment Project No. 1 and the Tax In rement Financing Plan (collectively, the "Plans") for the establishment of Tax Incr ment Financing District No. 1-24 (a qualified housing district), located within Cent al Monticello Redevelopment Project No.1, pursuant to Minnesota Statutes, Se ions 469.001 through 469.047 and Sections 469.174 to 469.179, all. inclusive, as amended. Copies of the Plans are on file and available for public Inpspection at the office of the City Administrator at City Hall. -- The property to be Included in Taxlncreme t Financing District No. 1-24 is locat- ed within Central Monticello Redevelopm nt Project No. 1 and the City of Monticello. The property proposed to be Inclu ed in Tax Increment FinanclnQ District No. 1-24 encompasses all property and ad) cent and interior roads and rlghts-of- w"a~~e\ndlcated by the parcel Identification umber listed below: Numbers 1.Gal pescriotlon 155-092-001010 Lot 1, Block 1, Montie 110 Commmerce Center Third Addition A map of Central Monticello Redevelopm nt Project No.1, and Tax Increment Financing District No. 1-24 within Central MI nesota Redevlopment Project No.1, is set forth below. Subject to certain Iimitatio s, tax increment from Tax Increment Financing District No. 1-24 may be spent 0 eligible uses within the boundaries of Central Monticello Redevelopment Project o. 1. . n". ..~.u~nk""T'1; CRN"tp.a A-r MONTICELLO JIOI.. ~ unR B'€i All Interested persons may appear at e hearing and present their views orally or prior to the meeting In writing. .. BY ORDER OF THE CITY COUNCIL OF' AE CITY OF MONTICELLO, MINNESOTA IslRick Wolfsteller City Administrator ......UUH,I NOTICE OF : The Otsego Planning Commission v. Septermber 2, 1998 at 8:00 p.m. at thE Otsego, MN, or as soon thereafter as t Otsego Planning Commission and Cit, 1. A Public Hearing to Review the bf Otgego. All interested parties are invited to a and concerns/comments. If you woulc described Hearings, please call the C meeting. (Aug. 13 & 20, 1998) A MONTICE! DEVELOPN' Monday, Au C MEMBERS: Chair Ron Hoglunc Treasurer Ken Maus, Clint Her Clarrin Lahr. STAFF: Treasurer Rick Wolfste Recording Secretary Nancy Wh, 1 . Call to order. 2. Consideration to approve the, 3. ConSideration of adding agen' 4. Citizens of request for a 30-do Froslie). 5. Consideration of request for a DMRF No. 102. (Steve John~ 6. Consideration to approve dist pletion of front facade impro\ 7. Consideration to discuss aW2 in DMRF program and its crit 8. Consideration to review the < funding procedure and its pI 9. Director's consideration of e: 10. Other business. 11 . Adjournment. (Aug. 13, 1998) Reach- YOl. F Ho Ac L L AI Ph ~ 0/. .ThrOl Commur Call the Mont.: . . . CITY OF MO TICELLO WRIGHT C UNTY STATE OF MI NESOTA Council member introduc d the following resolution and moved its adoption: RESOLUTION RESOLUTION ADOPTING THE MODIF ED REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVEL PMENT PROJECT NO.1; AND EST ABLISHING WITHIN CENTRAL ONTICELLO REDEVELOPMENT PROJECT NO.1 TAX INCREMENT FI ANCING DISTRICT NO. 1-24 AND ADOPTING THE RELATED TAX INCRE ENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the" ouncil") of the City of Monticello, Minnesota (the "City"), as follows: Section 1. Recitals. 1.0 I. It has been proposed that the City Cou cil adopt the Modified Redevelopment Plan for the Central Monticello RedevelopmentProject No.1 and stablish within Central Monticello Redevelopment Project No. I Tax Increment Financing District No. 1-24 ("District No. 1-24") and adopt the related Tax Increment Financing Plan therefor (collectively, the "Plans"); all pursuant to and in conform ity with applicable law, including Minnesota Statutes, Sectio s 469.001 through 469.047 and 469.174 through 469.179, all inclusive, as amended, all as reflected in th Plans, and presented for the Council's consideration. 1.02. The Council has investigated the facts relating to the Plans. 1.03. The City has performed all actions req ired by law to be performed prior to the adoption and approval of the proposed Plans, including, but not Ii ited to, notification of Wright County and School District No. 882 having taxing jurisdiction over the pJ1 perty to be included in District No. 1-24, notice of a potential qualified housing district to the local coun commissioner, a review of and written comment on the Plans by the City Planning Commission, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the "Reports") r lating to the Plans and to the activities contemplated therein have heretofore been prepared by staff and sub itted to the Council and/or made a part of the City files and proceedings on the Plans. The Reports includ data, information and/or substantiation constituting or relating to the bases for the other findings and determ 'nations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are he eby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full her in. fl'< N :\Minnsota\MONTICEL\TlFI-24\city _res. wpd . Section 2. roval of the Plans. 2.0 I. The Council hereby finds that the lans, are intended and, in the judgment of this Council, the effect of such actions will be, to provide a impetus for development in the public purpose and accomplish certain objectives as specified in the Pans, which are hereby incorporated herein. Section 3. Findin s for the Establishment of ax Increment Financin District No. 1-24. 3.01. The Council hereby finds that Tax ncrement Financing District No. 1-24 is in the public interest and is a "qualified housing district" unde Minnesota Statutes, Section 469.174, subd. I I and Minnesota Statutes, Section 273.1399, subd. I(c). 3.02. The Council further finds that the p oposed development would not OCcur solely through private investment within the reasonably foreseeable future and therefore the use of tax increment financing is deemed necessary, that the Plans conform to the ge eral plan for the development or redevelopment of the City as a whole; and that the Plans will afford maxi um opportunity consistent with the Sound needs of the City as a whole, for the development of District No. I ~24 by private enterprise. 3.03. The City finds that District No. 1~24 's a qualified housing district and is exempt from state aid losses in accordance with Minnesota Statutes, S ction 273.1399 subd. 6(c). . 3.04. The Council further finds, declares nd determines that the City made the above findings stated in this Section and has set forth the reasons a d supporting facts for each determination in writing, attached hereto as Exhibit A. Section 4. A roval and Ado tion of th Plans 4.0 I. The Plans, as presented to the Council n this date, including without limitation the findings and statements of objectives contained therein, are he eby approved, ratified, established, and adopted and shall be placed on file in the office of the Executive irector of the HRA. 4.02. The staff of the City, the City's advis rs and legal counsel are authorized and directed to proceed with the implementation of the Plans and to ne otiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, docum nts and. contracts necessary for this purpose. 4.03 The Auditor of Wright County is reque ted to certify the original net tax capacity of District No. 1-24, as described in thePlans, and to certify in ea h year thereafter the amount by which the original net tax capacity has increased or decreased; and the City of 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. I ~24, for which building permits have been issued during the 18 months immediately preceding the adoption of this esolution. . tJ~" N: 1M innSOla 1M ONTICEL \ TIFI-24\cilY _res. wpd . I . . . The motion for the adoption of the forego ng resolution was duly seconded by Council member , and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Dated: August 24, 1998 ATTEST: Mayor City Administrator (Seal) 'l~q N:IMinnSOlaIMONTICELITlFI -24lcity Jes. wpd . EXHIBIT A RESOLUTION # The reasons and facts supporting the findings for the a option ofthe Tax. Increment Financing Plan for Tax Increment Financing District No. 1.24, ("District No. 1.24") s required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that District No. 1-24 is a qu.alified housing istrict as defined in M.S., Section 469.174, Subd. II and MS.. Seerton 273.1399. Subd. I (c). District No. 1-24 consists of a portion of one parcel. The development will consist of 60 units of senior rental housing. No portion of the property will be us d for pUrpOses other than low and moderate income housing. TIle development in DistrictNo. 1 ~24 will onsist entirely of housing facilities which meet all of the rent and income limitations for a low. income h using credit under section 42 of me Internal Revenue Code of 1986. 2. Finding that the proposed development, in the opi ion of the City Council. would not reasonably be expected to occur solely through private investment w'thin the rea'ljOnably foreseeable future and, therefore. the use of tax increment financing is deemed necess . The City has determined that, in view of reduced rev nues from a housing facility intended for occupancy by low and moderate income persons, the develop ent proposed in the Plan would not be financially feasible without substantial public assistance includ ng taX increment financing. In making this finding, the City has relied upon the developer's pro forma ubmitted to the City and Authority, requirements of other state and local assistance to the development, and analysis of the need for taX increment assistance prepared by Ehlers and Associates and on file in Ci Hal\. Finding that the Tax Increment Financing Pltm for istriet No. I ~24 conforms to the general plan for the development or redevelopment of the municipality S' a whole. The Plan was reviewed by the Planning Commissio on August 4, 1998. The Planning Commission found that the Plan conforms to the general development plan of the City. 3. 4. Finding that the Tax Increment Financing Planfo District No. 1-24 will afford maximum opportunity, consistent with the sound needs of the City as a w ole. for thtievelopment or redevelopment of Central M07lCicello Redevelopment Project No. 1 by privat enterprise. Through the implementation of the Plan, the City r HRA will increase the tax. base of the City, and will increase the availability of safe and decent life.ey Ie housing in the City. ,.Jl . N;\Mil\ll\Olll\MONT1CEL\TIF1-Z4\~jIY _re~. wpd . . . Council Agenda - 8/24/98 8. Consideration of reviewin six month Ii nor store financial re A. REFERENCE AND BACKGRO D: Liquor Store Manger Joe Hartman will be 'n attendance at Monday's meeting to review with the Council the six month financial r port for the period ending June 30, 1998. The operations of the Liquor Store contin e to do well and were certainly helped by the warmer weather this spring and summer. verall sales for the first six months are up $61,000 over last year which is a 7% incre se. Gross profit is also up $24,800 over last year which is a 11.5% increase. With the perating expenses only increasing slightly by $1,000 over the same period last year, the esulting operating income shows an increase of$23,800 to a total operating income of$133,700 for the first six months. In conjunction with the community center onstruction, the City will be acquiring the Ferrellgas site from Burlington Northern ilroad. Preliminary discussions on developing this area for retail uses by an in erested developer have occurred and we may soon be investigating the feasibility of inc1 ding the existing Liquor Store site in an overall development of this block. As Joe as mentioned in the past, space at our Liquor Store is at a premium and ideally we may eed to look at increasing the size of our facility in the future. The possibility exists that incorporating an expansion of our Liquor Store with the development of additional r tail space in this area could be done as a joint project allowing the City to either continue to own it's entire facility or possibly even leasing additional square footage to give us the space we need. As ideas are further developed, we may be bringing additional i formation back to the Council for review. B. ALTERNATIVE ACTIONS: The only action needed by the Council at t is time is to accept the financial report as presented. C. STAFF RECOMMENDATIONS: Approve financial report as presented. D. SUPPORTING DATA: Six month financial report. 2 ~-- -:--~~_.,- MONTICELLO MUN CIPAL LIQUOR GROSS PROFI BY PRODUCT COMPARISON F R THE YEAR . ENDING JUN 30, 1997 AND 1998 1997 1998 YEAR-TO-DAT YEAR-TO-DATE AMOUNT AMOUNT Liquor Sales 246,121 258,083 Discounts Cost of Sales 170,229 176,374 --------- ---------- GROSS PROFIT - LIQUOR 75,891 30.8% 81,710 31. 7% Beer Sales 510,585 557,788 Cost of Sales 392,289 432,419 --------- ---------- GROSS PROFIT - BEER 118,297 23.2% 125,370 22.5% wine Sales 90,140 93,731 Cost of Sales 72,256 60,600 ---------- ---------- GROSS PROFIT - WINE 17,884 19.8% 33,131 35.3% eiSC Sales 29,01 28,463 Cost of Sales 20,73 24,282 ---------- GROSS PROFIT - MISC TAXABLE 8,28 28.5% 4,181 14.7% . Mise Non-taxable Sales 2,35 1,583 cost of Sales 2,29 515 -------- - ---------- GROSS PROFIT - MISC NON-TAXA 3.7% 1,068 67.5% TOTAL SALES 939,643 TOTAL COST OF SALES 694,190 TOTAL FREIGHT COST 4,516 ---------- ----------- TOTAL GROSS PROFIT 216,073 24.6% 240,937 25.6% -------- -- ---------- ------- ---------- . ~;\ -..........-:. -- MONTICELLO UNICIPAL LIQUOR REVENUE ND EXPENSES . COMPARISO FOR THE YEAR ENDING JUN 0, 1997 AND 1998 1997 YEAR-TO- AMOUN SALES Liquor 246,1 1 Beer 510,5 5 Wine 90,1 0 Other Merchandise 29,0 9 Misc Non-Taxable Sales 2,3 8 Discounts ------- TOTAL SALES 878,2 3 COST OF GOODS SOLD (662,1 9) ------- GROSS PROFIT 216,0 3 24.6% ------- -- ------- 4ItENERAL AND ADMINISTRATIVE Personal Services Salaries PERA FICA Insurance Unemployment Benefits Severance Pay EXPENSE 57,1 9 2,5 4 4,3 3 4,453 30 TOTAL PERSONAL SERVICES 68,579 7.8% Supplies Office Supplies General Operating Supplie Other Supplies .8% TOTAL SUPPLIES . -'~-,"""',--- 1998 YEAR-TO-DATE AMOUNT 258,083 557,788 93,731 28,463 1,583 939,643 (698,706) 240,937 25.6% ---------- ---------- 64,084 3,301 4,891 4,608 76,884 8.2% 388 2,876 3,265 .3% ,,).. MONTICELLO M NICIPAL LIQUOR REVENUE AND EXPENSES . COMPARISON FOR THE YEAR ENDING JUN 30, 1997 AND 1998 Other Services & Charges Professional Services Maintenance Agreements Communication Travel-Conference-Schools Advertising Insurance & Tax Utilities Maintenance, Equipment Maintenance, Building Maintenance, Other Depreciation--Acquired As Misc Svc & Chgs TOTAL OTHER SERVICES & CH ~TAL GENERAL & ADMIN EXPENS TOTAL OPERATING INCOME Other Income (Expense) Interest Income Cash Long/Short Sale of Property Misc Income TOTAL OTHER INCOME (EXPENSE) NET INCOME (EXPENSE) Transfers In/Out ADJUSTED NET INCOME (EXPENSE . 1997 YEAR-TO-DATE AMOUNT 30,7 106,1 109,9 ------- ------- 10,4 ( 1 10,2 120,2 ------- ------..... 120,2 ------- ------- 134 1,282 1,992 6,434 7,105 1,542 2,085 39 7,296 2,830 3.5% 12.1% 12.5% 1.2% 13.7% 13.7% 1998 YEAR-TO-DATE AMOUNT 788 1,612 1,782 6,570 6,451 387 915 42 5,537 2,941 27,024 2.9% 107,173 11.4% 133,764 14.2% ---------- ---------- 17,662 25 362 18,048 1.9% 151,813 16.2% ---------- ---------- 151,813 16.2% ---------- ---------- 1a . MONTICELLO MUNICIPAL LIQUOR BAL NCE SHEET Current Assets: Cash Change Fund Investments Accounts Receivable A/R - NSF Checks Inventory Prepaid Insurance TOTAL CURRENT ASSETS Fixed Assets Land << Parking Lot Buildings Furniture << Equipment less: Accumulated Depreciation ~AL FIXED ASSETS TOTAL ASSETS Liabilities Accounts Payable Due to EDA Fund Sales Tax Payable Salaries Payable Accrued Vacation/Sick Leave Other Accrued Expenses TOTAL LIABILITIES RETAINED EARNINGS TOTAL LIABILITIES AND FUND BALANCE . 57,740.64 1,600.00 708,028.60 (1,138.44) 261,078.64 41.08 1,027,350.52 46,591.03 234,104.13 88,181.65 (261,275.50) 107,601.31 1,134,951.83 ------------ ------------ 302.36 2,181.38 4,575.85 26,527.16 1,725.64 35,312.39 1,099,639.44 1,134,951.83 ------------ ------------ ~.,~ . . . 9. Council Agenda - 8/24/98 A. REFERENCE AND BACKGR The National Guard has reviewed the a ion taken by the City Council on the draft agreement and has taken action to appro e the attached agreement. Incorporated into the agreement is 90/1 0 split on payment of aintenance costs for maintenance of the National Guard space. This cost share fi rmula is weighted in favor of the National Guard in exchange for the City being able to u e joint space (space funded by the Guard outside office area) at any time (except one wee end a month). The City may charge others for use of such space and retain all the reve ue without any going to the National Guard. Under the Agreement, once signed, the 1.5 million dollar contribution is available to the City within 21 days. The availability of hese funds help by allowing the City to delay use of bond funds thus allowing the City to earn more interest on bond proceeds. B. ALTERNATIVE ACTIONS: 1. Motion to approve agreement bet een City and National Guard regarding the Community and Training Center evelopment. 2. Motion to deny approval of agree ent between City and National Guard regarding the Community and Tr ining Center Development. C. STAFF RECOMMENDATION: The City Administrator recommends Alte native 1. This item should not be tabled because the National Guard is not likely t change terms and the City will lose three weeks of interest income on 1.5 million d liars. D. SUPPORTING DATA: Dan Greensweig will be in attendance to swer questions. 13 . . . Third Draft August 19, 1998 DEVELOPMEN AGREEMENT Byand etween CITY OF MONTIC LLO, MINNESOTA MINNESOTA STATE ARMO Y BUILDING COMMISSION Dated as of: This document was drafted by: KENNEDY & ORA YEN, CHARTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis, Minnesota 55402 Telephone: 337-9300 ~-I . . . DEVELOPMEN AGREEMENT This Development Agreement is made s _ day of , 1998, by and between THE CITY OF MONTICELLO, am nicipal corporation under the laws of Minnesota (the "City") and the MINNESOTA STATE ORY BUILDING COMMISSION, a public corporation under the laws of Minnesota (the "Co mission"). WHEREAS, the Commission desires to onstruct and operate a National Guard armory facility on a site within the City and legally descri d at Exhibit A (the "Property"); and WHEREAS, the City desires to construct d operate a city hall, a multipurpose community center, and an aquatics facility on the Property; an WHEREAS, the City and the Commissio have determined that it is more cost-effective and efficient, and generally improves the public h alth, safety, general welfare, and morals to enter into an agreement by which they can share certain os15, responsibilities, and facilities; and WHEREAS, the City and the Commissi n have authority to enter into this agreement pursuant to Minnesota Statutes, Chapter 193 and innesota Statutes, Section 471.59. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant d agree with the other as follows: DJG~143226 MN 190-66 1 . ....1..__._ ___u_ ~,~ . . . Section 1.1. Definitions. In this Agree ent, unless a different meaning clearly appears from the context: "Agreement" means this Agreement, as e same may be from time to time modified, amended, or supplemented. "Armory" means the portion of the Project 0 described on the Construction Plans_ "Authority" means the Housing and Red velopment Authority in and for the City of Monticello, Minnesota "Bond Documents" means the lease, grou d lease, indenture, and any other documents deemed necessary or desirable by the Authority for e issuance of the Bonds. "Bonds" means the lease revenue bonds t be sold by the Authority for the purpose of partiall y fmancing the Project. "City" means the City of Monticello, Mione ota. "City Facilities" means the portion of the Pr .ect so described on the Construction Plans. "Commission" means the Minnesota State ory Building Commission. "Construction Plans" means the plans, spec fications, drawings, and related documents on the construction work to be performed on the Prope and attached as Exhibit B. "Event of Default" means an action listed in "Maturity Date" means the date that the defeased. "Parcell" means the real property described construction of the Project, the term means Parcel 1 "Parcel 2" means the real property described construction of the Project, the term means Parcel 2 . cle IX of this Agreement onds have been paid in full, redeemed, or such in Exhibit A of this Agreement. After so improved. such in Exhibit A of this Agreement. After so improved. "Project" means construction of a building onsisting of a National Guard armory, a city hall, an aquatics facility, a senior center, a gymnasi m, meeting rooms, a parking lot, and related facilities, all as shown on the Construction Plans, and is comprised of the Armory, the City Facilities, and the Shared Facilities. . DJG-143226 MN190-66 , . 2 ~,3 . . . "Property" means the real property describ d as such in Exhibit A of this Agreement and is comprised of Parcel 1 and Parcel 2. After constru tion of the Project, the term means the Property as so improved. "State" means the State of Minnesota. "Unavoidable Delays" means delays beyo d the reasonable control of the party seeking to be excused as a result thereof. DJG-143226 MN 190-66 ~;~ 3 .. . . . ARTI LE II Re resentations and Warranties Section 2.1. Representations by the City. The City represents and warrants that it has the power to enter into this Agreement and carry out i obligations hereunder. Section 2.2. Re resentations and Warr nties b the Commission. The Commission represents and warrants that it has the power 0 enter into this Agreement and carry out its obligations hereunder. 010-143226 MNI90-66 1'~ . . . Section 3.1. Status of the Property. As of t e date of this Agreement. the Property is owned by third parties. Pursuant to the terms of this A reement, the City shall acquire fee title to the Property, through purchase or condemnation or bo ,and convey Parcel 2 to the Commission. Section 3.2. Proiect Costs. (a) The estim ed costs of acquiring the Property are $525,000. These costs are hereby defined as the "Land Acqui ition Costs." (b) The estimated costs of designing an constructing the Project are $8,500,000. These costs are hereby defmed as the "Project Costs." Section 3.3. Conditions of Ac uisition a d Conve ance The purchase price paid to the City by the Commission for Parcel 2 shall be $1.0 (the "Purchase Price"), payable in cash, check, warrant, or the equivalent on the Closing Date (as efmed in Section 3.7). Section 3.4. Title Matters. The City shall, ithin a reasonable time after acceptance of this Agreement, furnish an abstract of title and a regis red land survey for Parcel 2 certified to date to include proper searches covering bankruptcies, s te and federal judgments and liens. Each party shall pay an equal share of the cost of the survey. The Commission shall be allowed 20 business days after receipt for examination of title and aking any objections, which shall be made in writing or deemed waived. If any objection is m de, the City shall be allowed 20 business days after receipt to undertake to cure such objections, rovided that the City shall have no obligation to take any action to clear to do so. If the City fails t cure objections within 20 days after receipt of the Commission's written objections, the Co mission may: (a) commence condemnation proceedings, at its own expense, to cure such objec 'ons; or (b) take title subject to such objections. Section 3.5. Conditions to Closing. The losing of the transaction contemplated by this Agreement and the obligation of the City to sell Peel 2 and of the Commission to purchase Parcel 2 shall be subject to the terms and conditions of is Agreement. including without limitation the following conditions: (a) The City shall have acquired fee titl to the Property. (b) The Commission shall have revie ed and approved title to Parcel 2 pursuant to Section 3.4 herein. Section 3.6. Environmental and Soil I vesti ation and Conditions. (a) Each party acknowledges that the other party makes no repres ntations or warranties as to the condition of the soils on the Property or its fitness for construction of the Project, or any part thereof, or any other purpose for which the parties may make use of the roperty. DJG-143226 MN190-66 5 11, . . . (b) Each party agrees that it will prote t, indemnify, defend, and hold hannless the other party, and its governing body members, officers, gents, and employees, and the Authority and its governing body members, officers, agents, and em loyees, from any claims or actions arising out of the presence, if any, of hazardous wastes or po lutants on the Property to the extent that such presence is caused by the intentional or neglige t actions or failures to act of the indemnifying party. To the extent that such presence is caused y the acts of or failures to act by third parties, the City and the Commission shall cooperate with e ch other in any efforts to pursue recovery from such third parties and shall each pay an equal sh e of any remediation not paid by persons not a party to this Agreement, provided that the parti shall jointly and severally protect, indemnify, defend, and hold harmless the Authority and its governing body members, officers, agents, and employees from claims and actions arising from e presence of hazardous wastes or pollutants on the Property and caused by the acts of or failures t act by third parties. Section 3.7. Closing. (a) The closing sha take place at the offices of the City on a date mutually agreed upon by the parties but in no ase later than , 199_ (the "Closing Date"). (b) On the Closing Date, the City sh deliver to the Commission possession of Parcel 2, and shall execute and deliver to the Commissio (i) All documents required to e executed and delivered under this Agreement; and (ii) A duly executed quit claim the "Deed") in substantially the form set forth at Exhibit C. The Deed shall be in recorda Ie form and shall be promptly recorded in the proper office for the recordation of deeds d other instruments pertaining to Parcel 2. The Commission shall pay all closing and re ording costs, including any State Deed Tax in connection with the conveyance of Parcel . (c) On the Closing Date, the Commis ion shall pay to the City the purchase price set forth in Section 3.3. and shall execute and deliver 0 the City all documents required to be executed and delivered under this Agreement. Section 3.8. Land A uisition and Pro 'ect Financin . The Commission and the City agree that Land Acquisition Costs and Project Costs shal be financed through the following means: (a) The initial $1,500,000 shall be paid by the Commission from the Commission's cash reserves. This $1,500,000 shall be paid by the Co mission to the City within 21 days of execution of this Agreement and used by the City, subject to ection 9.9(b); (b) Any amount by which the combi ed Land Acquisition Costs and Project Costs exceed $1,500,000 shall be paid by the City from ash reserves held by the City, proceeds from the sale of the Bonds, other sources deemed accep ble in the sole discretion of the City, or any combination of the foregoing. Section 3.9. Records. The City and the Co D1O.143226 MN 190-66 6 mission may each at all reasOliable times, afte~ J] t.._ . . . reasonable notice, inspect, examine, and copy all b oks and records of the other party relating to the Project. Each party shall use its best efforts to ause the Project's contractor or contractors, all subcontractors, and their agents and lenders to m e their books and records relating to the Project available to the parties upon reasonable notice, for 'nspection, examination, and audit. Section 3.10. Lease of ArmOry Soace. (a) Pursuant to the terms and conditions of this Section 3.10 (the "Lease"), the City shall lease fr m the Commission and have exclusive possession of the second floor of the Armory (the "Premises"). (b) The City shall pay to the Commiss'on an annual rent of $1.00, payable in advance on or before January 1 of each ye this Lease is in effect. (c) The Lease shall commence on the ate that construction of the Project is complete. (d) The Lease shall be for a period of ne year and shall remain in effect on a yearly basis, provided that the City may t rminate the Lease at any time and for any reason, or for no reason at all, by P oviding the Commission with 90 days advance written notice. (e) The City may use the Premises for any purpose reasonably related to the City's normal operations. (f) The City may, at its sole discretion (subject only to a right of first refusal identical in terms to the right of first refusal set forth in Exhibit E to this agreement), lease, assign, sell, or otherwise transfer i interest in the Lease to any person. (g) Except for the City's rights under is Section 3.10, the Premises shall be considered and treated in all other egards in the same manner as the remainder of the Armory for the purposes ofthi Agreement, and the Commission's responsibilities for the Premises sh 1 be the same for the Premises as it is for the remainder of the Armory, except at the City shall be responsible for paying all telephone, cable television, satellit hook-ups, and other communication services to the Premises as set forth in Section 6.3(d) of this Agreement and for furnishings and supplies as set forth in Section 6.4(b) of this Agreement. (h) Notwithstanding anything to the c ntrary contained in this Agreement, and not in limitation of any other provision 0 this Agreement, this Section 3.10 shall survive any termination of this Agreement d shall be binding on the Commission's successors and assigns. Section 3.11. Parking Agreement. The p 'es to this Agreement shall, prior to the Closing Date, negotiate and enter into an agreeme t providing the Commission with reasonably adequate parking facilities on the Property. DJG-143226 MN190.66 ~Jl 7 . . . Construction of Mini rovements Section 4.1. Proiect Construction. Th Project shall be constructed substantially in compliance with the Construction Plans. Neither arty shall make or authorize any material change to the Construction Plans without the prior w tten authorization of the other party and the Authority, provided that such authorization shall n t be unreasonably withheld. Section 4.2. Commencement and Com 1 tion of Construction. Subject to Unavoidable Delays, construction of the Project shall commenc by January 1, 1999. Section 4.3. Certificate of Completion. pon the request of a party, the other party shall provide a certificate in recordable form that shall be a conclusive determination of the certifying party's satisfaction and termination of the agreeme ts and covenants in this Agreement with respect to the construction of the Project. Section 4.4. Pro.ect Mana ement. Cha e Orders. (a) The Commission acknowledges and agrees that the City shall act as agent for the ommission in hiring and overseeing architects, engineers, contractors, and all other persons or ntities necessary to construct the Project. The Commission further acknowledges and agrees th t notwithstanding this delegation to the City of certain authority, the Commission shall have e right to review and request changes to the Construction Plans and the implementation ther of, subject to the terms and conditions of this Agreement. (b) Any increase in the Project Costs . sing from a change in the Construction Plans requested by a party to this Agreement shall be the responsibility of the party requesting the change. If the change is mutually requested by the parti , each party shall bear an equal portion of the increase in the Project Costs. (c) Notwithstanding the Commission' delegation of authority to the City pursuant to Section 4.4(a), neither party shall have any liabili y or other obligation to the other party, or such other party's successors or assigns, for any defect i the Construction Plans, the Project, or any part thereof, except to the extent that such defect i the direct result of the gross negligence or intentional misconduct of the party against whom . ability is claimed; provided, that nothing in this Section 4.4(c) is intended to create any right in an person not a party to this Agreement, except the Authority, pursuant to Section 9.8 of this Agree ent; and provided further that nothing in this Section 4.4(c) is intended to waive any immunity or limitation on liability to which either party to this Agreement is entitled under law, except as to e Authority. DJG.143226 MN190-66 t~ 8 , I . . . Insurance and ondemnation Section 5.1. Insurance. (a) At all times pri r to the Maturity Date, the parties shall carry and maintain casualty, public liability, property dama e, workers compensation, and other insurance with respect to the Property and the Project in sue amounts and in such forms as may be set forth in the Bond Documents. In addition, each party s all comply with any and all requirements in the Bond Documents regarding the use or uses of proc ds from such insurance. (b) Nothing in this Section 5.1 shall b construed as prohibiting either party from self- insuring to the fullest extent permitted by law, sub"eet to any contrary requirements set forth in the Bond Documents. Seetion 5.2. Condemnation. At all tim s prior to the Maturity Date, any awards in condemnation shall paid and used as set forth in e Bond Documents, except that this Section 5.2 shall not limit the rights of the City as to the Com ission or the Commission as to the City if one party to this Agreement initiates condemnation pro eedings against the other. OJG.143226 MN190-66 tlO 9 , I . . . ARTIe E VI o Section 6.1. Maintenance and Reoairs. (a The City shall be responsible for the following routine maintenance of the exterior and interior of he Project (except those parts of the Armory that the Commission does not make accessible to the Cty): (i) janitorial and cleaning se . ces, provided that the Commission shall return the Shared Facilities to reasonably ood condition after using them; (ll) light bulb replacement, pai ting, minor carpentry and masonry, and similar tasks. (b) Each party shall be responsible fo the cost of any repairs or maintenance required by that party's negligence or misconduct. (c) Each party acknowledges and agre that certain nonroutine maintenance and capital repairs, including but not limited to roof repair , mechanical repairs, and plumbing and wiring repairs will be necessary to maintain the Project in a serviceable and desirable condition. Any repair or reconstruction of the Project estimate to cost more than $5,000 shall be deemed nonroutine maintenance or capital repairs for pu oses of this Section 6.1(c). Each party therefore agrees that such nonroutine maintenance and capi repairs will be undertaken upon the earlier of the following: (i) as required by the Bond Docu ents; (ll) by mutual agreement of the parties; (iii) when required by federal, state, or local law, rul , or regulation; or (iv) when deemed reasonably necessary by at least two persons qualified in m 'ng the repair or reconstruction in question. The Commission shall pay 10% of the cost of all nonr utine maintenance or capital repairs and the City shall pay 90% of the cost of all nonroutine mainte ance or capital repairs. Section 6.2. Grounds Maintenance and The City shall be responsible for maintenance of the grounds and andscaping of the Property and for removal of snow from all parking lots, sidewalks, and other a propriate areas of the Property. Section 6.3. Utilities. (a) The City shall b responsible for providing or contracting for gas, water, sewer, air conditioning, and solid waste ha ing. (b) The City shall be responsible for roviding electrical service to the City Facilities and the Shared Facilities and for all charges relate thereto. (c) The Commission shall be responsi Ie for providing electrical service to the Armory and for all charges related thereto. (d) The City may, but is not required to, provide telephone, cable television, satellite hook-ups, and other communications services to e City Facilities, the Shared Facilities, and the Premises, at its own cost. DJG.143226 MN190-66 __ __1- ,-fl 1 . . . (e) The Commission may, but is not required to, provide telephone, cable television, satellite hook-ups, and other communication servi es to the Armory Facilities (except the Premises) at its own expense. (t) If either party uses the other party's telephone, satellite hook-ups or other communication services, it shall first gain consent and shall pay the incremental cost of such use. Section 6.4. Furnishings. (a) The City hall be responsible for furnishing and supplying the City Facilities and the Shared Facilities d shall have sole use and ownership of such furnishings and supplies, provided that the Comm ssion may acquire furnishings or supplies for the Shared Facilities and shall have sole use and own ship of such furnishings and supplies. (b) The Commission shall be respons' Ie for furnishing and supplying the Armory and shall have sole use and ownership of such fumis ings and supplies, except that the City shall be responsible for furnishing and supplying the Prem ses during the term of the Lease. Section 6.5. Use of Facilities' Schedu n. (a) The City shall at all times have sole ownership, use, and control of the City Facilities. (b) The Commission shall at all tim s have sole ownership, use, and control of the Armory, except that control of the Premises is sub ect to the terms of the Lease. (c) conditions: Use of the Shared Facilities shall be in accordance with the following terms and (i) The Commission shall, on or before June 15 of every year provide the City with a list of days during the 0 tober through September immediately next on which the Commission shall use the Shared Facilities. In no case shall this list include more than 30 days in any calendar year. On those days included on such list, the Commission shall be entitl d to sole use and control of the Shared Facilities, provided that it may in its disc etion permit the City to also used the Shared Facilities on such days. In addi . on, and without limitation of the foregoing, the Commission shall be entitled to s Ie use and control of the Shared Facilities when such use and control is necessary r reasonably desirable because of an "emergency" or "disaster" as such terms are efmed by state or federal law. ((BOB NEED YOUR LANGUAGE). (ii) The City shall be entitled sole use and control of the Shared Facilities on all days on which the Commissio is not entitled to use and control of the Shared Facilities pursuant to Section 6.5(c (i). (iii) During any day on which e City is entitled to sole use and control of the Shared Facilities pursuant to Secti n 6.5(c)(ii), or when otherwise permitted by the Commission, the City may rent or lease the Shared Facilities to any person for a period not to exceed 31 days an shall be entitled to all lease or rental payments from such person. . DJG.143226 MN190-66 11 ,,,~ -....--- . (iv) At such times that the Sha ed Facilities are not being used by the City, or its tenants or lessees pursuant to Sec . on 6.5(iii) and the Commission is not otherwise entitled to use the Shared Faciliti s, the Commission may, upon notice to the city, use the Shared Facilities for mee gs, tours, and other similar activities, provided that such use is on an occasio al, intermittent basis and the City, in its sole discretion, does not determine tha such use interferes with its sole use and control of the Shared Facilities. (v) Nothing in this Agreeme t shall be construed as in any way limiting the City's ownership of Parcel 2 or th Shared Facilities, which shall remain in fee title ownership by the City, except that the Commission may use and control the Shared Facilities to the extent and only to he extent set forth in this Section 6.6(c). Section 6.6. Pa sessments. The City and the Commission agree that if all or a portion of the Property or the Proj t at any time becomes subject to real estate taxes or special assessments, such taxes and assessme ts, shall be allocated between the City and the Commission in 'the following manner: . (a) All real estate taxes and special sessments properly assessed against or otherwise attributable to the Armory shall be paid by the Co mission. (b) All real estate taxes and specials sessments properly assessed against or otherwise attributable to the City Facilities shall be paid by e City. (c) All real estate taxes and special sessments properly assessed against or otherwise attributable to the Shared Facilities shall be paid y the City and the Commission 'in the following proportions: (i) Ten percent (10%) of such taxes shall be paid by the Commission; and (ii) Ninety percent (90%) shall be paid by the City. (d) Notwithstanding the foregoing,' real estate taxes are assessed against all or a portion of the property or the Project because of the activities of a party to this Agreement or its successors or assigns, the responsible party shall e solely responsible for such taxes. Section 6.7. Rene otiation of 0 eratin reement (a) Upon the earlier of five (5) years of the date of this Agreement or the Maturity D te, the City and the Commission shall enter into negotiations concerning an operating agreement i tended to extend or amend the provisions of this Article VIT, such agreement to include at least the matters set forth in this Article VI and to incorporate as accurately as possible the actual pro rata costs of operating and maintaining the . Project and the Property. (b) This Article VI shall survive a y termination of this Agreement that occurs subsequent to the commencement of constructio of this Project, and shall not terminate without ~ DJG-143226 6, MN190.66 I . . . . . the mutual written consent of the City and the Commission. (c) The tenns, conditions, rights, d responsibilities set forth in this Article VI may not be waived, tenninated, amended, or supers ded prior to the Maturity Date without the express written consent of the Authority. DJG-143226 MNI90-66 9---1'-/ 13 . . . . . ARTI LE vm Prohibitions A Section 7.1. Prohibition A ainst Transfe and Assi nment Prior to Maturit Date. Prior to the Maturity Date, neither party has made or crea d nor shall make or create or suffer to be made or created any total or partial sale, assignment, c nveyance, or lease (except NEED PARTY TO WHOM COMMISSION WILL TRANSFER OWNERSHIP provided that such transferee or assignee shall be bound by this Agreement) or a y trust or power, or transfer in any other mode or form of or with respect to the Agreement or the operty or the Project or any part thereof or any interest therein, or any contract or agreement t do any of the same, without the prior written approval of the other party and the Authority. Section 7.2. Conditions Of Transfer d Assi nment Subs uent to Maturi Date_ Subsequent to the Maturity Date, the City may sell, assign, convey, or lease Parcel 1 and the Commission may sell, assign, convey, or lease P ce12 and the improvements thereon subject to the following terms and conditions: (a) Any such sale, assignment, conv ance, or lease (except a lease or rental of not more than 31 days) is subject to the rights of fIrs refusal set forth in the Right of First Refusal _ Commission Property set forth at Exhibit D and t e Right of First Refusal - City Property set forth at Exhibit E (the "Rights of First Refusal "). (b) If the other party to this Agreeme t does not exercise its right of first refusal set forth in the Rights of First Refusal, a party to this greement may sell, assign, convey, or lease all or part of its interest in the Property in accord ce with the provisions of the Rights of First Refusal; provided, however, the terms of this Agr ment shall remain binding on the successor or assignee of the transferring party. Section 7.3. Rights of First Refusal. Pri r to or simultaneously with execution of this Agreement, the City and the Commission shall ex ute the Rights of First Refusal in the forms set forth at Exhibit D and Exhibit E. Such Rights of irst Refusal shall be recorded with the Wright County recorder. The City and the Commission sh 1 each pay one-half the costs for recording. Section 7.4. Release and Indemnillcati n. In addition to any other release and indemnification provisions set forth in this Agreem nt: (a) The parties to this Agreement agree, no and forever, to indemnify, protect, and defend each other, and the governing body members, office s, agents, servants and employees thereof, now or forever, and hold the aforesaid harmless fro any claim, demand, suit, action or other proceeding by any person or entity arising or purpo edly arising from the act or failure to act by the indemnifying party with regard to this Agreement, e Project, or the Property; provided, however, that nothing in this Agreement shall be construed to waive any limitations on liability to which the City or the Commission are entitled under Minn ota Statutes, Chapter 3, or Chapter 466, or otherwise, except as between each other; and provi ed further, that nothing in this Section 7.4(a) ~'" DJG-143226 1 .) MNI90-66 14 . . . shall be construed to create any right or entitle ent in any person not a party to this Agreement, except as to the Authority as provided in Sectio 7A(b). The obligations set forth in this Section 7 A(a) shall survive termination of this Agreemen . (b) The City and the Commission, r pectively, agree, now and forever, to indemnify, protect, and defend the Authority, and the gove .ng body members, officers, agents, servants and employees thereof, now or forever, and hold the oresaid harmless from any claim, demand, suit, action or other proceeding by any person or ent ty arising or purportedly arising from any act or failure to act by the City or the Authority, respec .vely, with regard to this Agreement, the Project, or the Property; provided, however, that nothing this Section 7A(b) shall be construed to waive any limitations on liability to which the City 0 the Commission are entitled under Minnesota Statutes, Chapter 3, Chapter 466, or otherwise, ex ept as to the Authority; and provided further, that nothing in this Agreement shall be construed to reate any right or entitlement in any person not a party to this Agreement, except as to the Au ority as provided in this Section 7A(b). The obligations set forth in this Section 7.4(b) shall su ive termination of this Agreement. DJG~ 143226 MN190-66 q,f~ 1 . . . ARTIe E vm Events of Default Section 8.1. Events of Default Defined. e following shall be "Events of Default" under this Agreement and the term "Event of Default" s all mean, whenever it is used in this Agreement (unless the context otherwise provides), any failu e by any party to observe or perform any other covenant, condition, obligation, or agreement on i part to be observed or performed hereunder. Section 8.2. Remedies on Default. When ver any Event of Default referred to in Section 8.1 of this Agreement occurs, the non-defaulting p y may exercise its rights under this Section 8.2 after providing thirty days written notice to the d faulting party of the Event of Default, but only subject to Section 9.7(b) of this Agreement and nly if the Event of Default has not been cured within said thirty days or, if the Event of Default is by its nature incurable within thirty days, the defaulting party does not provide assurances reaso ably satisfactory to the non-defaulting party that the Event of Default will be cured and will be cure as soon as reasonably possible: (a) suspend its performance under thi Agreement until it receives assurances that the defaulting party will cure its default and continue i performance under this Agreement; and . (b) take whatever action, including leg ,equitable or administrative action, which may appear necessary or desirable to collect any pa ents due under this Agreement, or to enforce performance and observance of any obligation, agr ement, or covenant under this Agreement. Section 8.3. No Remedv Exclusive. No J1 medy herein conferred upon or reserved to the City or the Commission in this Agreement is inten ed to be exclusive of any other available remedy or remedies, but each and every such remedy shal be cumulative and shall be in addition to every other remedy given under this Agreement or no or hereafter existing at law or in equity or by statute. No delay or omission to exercise any righ or power accruing upon any default shall impair any such right or power or shall be construed to a waiver thereof, but any such right and power may be exercised from time to time and as often may be deemed expedient In order to entitle either party to exercise any remedy reserved to it, i shall not be necessary to give notice, other than such notice as may be required in this Article VIll. Section 8.4. No Additional Waiver Im li d b One Waiver. In the event any agreement contained in this Agreement should be breached y either party and thereafter waived by the other party, such waiver shall be limited to the particul breach so waived and shall not be deemed to waive any other concurrent, previous or subsequen breach hereunder. . D1O.143226 MN 190-66 i. _.__ ~;11 1 . Section 9.1. Conflict of Interests. Cit an Commission Re resentatives Not Individuall Liable. The City and the Commission, to the st of their respective knowledge, represent and agree that no member, official, or employee of the City or the Commission shall have any unlawful personal interest, direct or indirect, in this Agre ment, nor shall any such member, official, or employee unlawfully participate in any decision r lating to this Agreement which affects his or her personal interests or the interests of any corporati n, partnership, or association in which he or she is, directly or indirectly, interested. No mem r, official, or employee of the City or the Commission shall be personally liable in the ev nt of any default or breach by the City or the Commission or for any amount which may beco e due to any person or on any obligations under the terms of this Agreement. ovisions eed. None of the provisions of this Agreement are intended to or shall be merged by reason of y deed transferring any interest in the Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. . Section 9.3. Titles of Articles and Sectio . Any titles of the several parts, Articles, and Sections of this Agreement are inserted for conve . ence of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 9.4. Notices and Demands. E cept as otherwise expressly provided in this Agreement, a notice, demand, or other communic tion under this Agreement by either party to the other shall be sufficiently given or delivered if 't is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delive d personally; and (a) in the case of the Commission, 's addressed to or delivered personally to the Commission at ;and (b) in the case of the City, is addresse to or delivered personally to the City at City Hall, P.O. Box 1147, Monticello, MN 55362-9245, Attn: City Administrator; or at such other address with respect to either su h party as that party may, from time to time, designate in writing and forward to the other as pro . ded in this Section. (c) Prior to the Maturity Date, any noti e given or delivered under this Agreement shall be copied to the Authority at: City Hall, P.o. ox 1147, Monticello, MN 55362-9245, Attn: Executive Director. . Section 9.5. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same ins memo 17 ~;(g DJG~143226 MN190-66 " . . . Section 9.6. Recording. The City shall re ord this Agreement and any amendments thereto with the Wright County recorder. The City and e Commission shall each pay one-half the costs for recording. Section 9.7. Choice of Law and Yen e' Alternative Dis ute Resolution. (a) This Agreement shall be governed by and construe in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claim arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all p "es to this Agreement waive any objection to the jurisdiction of these courts, whether based on conv nience or otherwise. (b) Prior to the commencement by 0 e party of litigation against the other party, the City and the Commission shall follow the process et forth in this Section 9.7(b): OJG-143226 MN190-66 (i) The City Administrator and the commanding officer stationed at the Armory shall attempt in good faith to res lve any controversy or claim arising out of or relating to this Agreement (ii) If the City Administrator and the commanding officer stationed at the Armory are unable to resolve the c ntroversy or claim, the disputing party shall give the other party written notice of the dispute. Within twenty days after receipt of said notice, the receiving party shall su mit to the other a written response. The notice and response shall include a statem nt of each party's position and a summary of the evidence and arguments supportin its position. Representatives of the parties shall meet at a mutually acceptable tim and place within thirty days of the date of the disputing party's notice and thereaf er as often as they reasonably deem necessary to exchange relevant information and 0 attempt to resolve the dispute. (iii) If the matter has not been r olved within sixty days of the disputing party's notice, or if the party receiving s . d notice will not meet within thirty days, either party may initiate mediation of th controversy or claim in accordance with any mutually satisfactory procedures. (iv) If the matter has not bee resolved 'pursuant to the aforesaid mediation procedure within sixty days of the' itiation of such procedure, or if either party will not participate in mediation, the p "es may mutually agree to continue negotiations or either party may commence litig tion or take any other action permitted under of this Agreement. (v) The procedures specified' this section shall be the sole and exclusive procedures for the resolution of isputes between the parties arising out of or relating to this agreement; provide , however, that a party may seek a preliminary injunction or other preliminary j dicial relief if in its judgment such action is necessary to avoid irreparable dam' ge. Despite such action the parties will continue to participate in good faith in the pr cedures specified in this section. All applicable statutes of limitation shall be tolled while the procedures specified in this section are pending. The parties will take SU:h action, if any, required to effectUate such tOI~ _( 1 ..t ..._. ....__._________..... . (vi) Nothing in this Section 9.7(b) shall be construed as binding on the Authority, which may at any time commence litigation or take any other action it deems necessary to protect its ghts under this Agreement, including without limitation the rights set forth at Sec ion 9.8. Section 9.8. Third-Partv Rights. Nothing n this Agreement shall be construed to create any third-party rights in any person not a party to the greement; provided, however, that the Authority shall, at all times prior to the Maturity Date, hav the right, but not the obligation, to enforce any right or obligation granted to either party pursu t to this Agreement, the Right of First Refusal Agreements, the Deed, or any other agreement bet een the City and the Commission relating to the Project or the Property. The City and the Comm ssion hereby agree that they may not in any way waive, limit, amend, modify, or eliminate the Au ority's rights under this Agreement without the express written consent of the Authority. Section 9.9. Amendment and Termi tion of A reement. (a) During the period commencing on the earlier date the Authority auth rizes issuance of the Bonds or the date on which the City acquires any part of the Property, and te inating on of the Maturity Date, this Agreement may not be tenninated, amended, or modified wi out the mutual written agreement of the parties and the written approval of the Authority. . (b) Except as provided in Section 9.9.(a), this Agreement may be modified or tenninated upon the written agreement of the p es, provided that if this Agreement is terminated prior to completion of construction of the Proj t in accordance with the Construction Plans but subsequent to the Commission's payment to the C ty of $1,500,000 pursuant to Section 3.8, the City shall return to the Commission all of such funds n t expended on Land Acquisition Costs or Project Costs plus an amount equal to 90% of all of such unds so expended. (c) This Agreement may be terminate by either party prior to issuance of the Bonds by the Authority, without further obligation hereun er except as expressly provided to the contrary herein, if the Authority notifies either party in ting that the Authority has determined in its sole discretion that it cannot issue the Bonds in a timel or economic manner. Section 9.10. Severability. Any term or rovision of this Agreement which is found to be invalid or unenforceable by a court or other auth rity of competent jurisdiction will be ineffective only to the extent of such invalidity or unenfor eability and shall not render any other tenn or provision of this Agreement invalid or unenforcea Ie. . DJG-143226 MN190.66 ~~b 1 . . . IN WITNESS WHEREOF, the parties ha e caused this Agreement to be duly executed on or as of the date first above written. STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) C OF MONTICELLO, MlNNESOTA By Its Mayor By Its City Administrator The foregoing instrument was ackno ledged before me this , 1998 by and Mayor and City Administrator of the City of Monti ello, Minnesota, on behalf of the City. STATEOFMlNNESOTA ) ) ss. COUNTY OF ) Notary Public MINNESOTA STATE ARMORY BUILDING COMMISSION By Its day of , the The foregoing instrument was acknowledg d before me this _ day of , 1998 by and , the d of the Minnesota State Armory Building Commission. DJG-143226 MNI90-66 . . By Its Notary Public 20 1~~t . . . Parcel 1 NEED LEGAL DESCRIPTION Parcel 2 NEED LEGAL DESCRIPTION DJG143226 MNJ.90-66 EXH IT A Al q ~;p.. . . . NEED CONSTRUCTION PLANS DJG143226 MN190-66 EX ITB ~ ,;)3 B- . . . DEED 1HIS INDENI1JRE, between the City f Monticello, Minnesota, a statutory city and municipal corporation under the laws of Minneso a (the "Grantor"), and Minnesota State Armory Building Commission, a public corporation under e laws of Minnesota (the "Grantee"). WITNESSE1H, that Grantor, in considera . on of the sum of one dollar and nolI 00 ($1.00) and other good and valuable consideration the eceipt whereof is hereby acknowledged, does hereby grant, bargain, quitclaim, and convey to th Grantee, its successors and assigns forever, all the tract or parcel of land lying and being in the Co nty of W~ght and State of Minnesota described as follows, to-wit (such tract or parcel of land is heeinafter referred to as the "Property"): NEED PARCEL 2 LEGAL DESCRIPTI N To have and to hold the same, together with all he hereditaments and appurtenances thereunto belonging in anyway appertaining, to the said Gran , its successors and assigns, forever, Provided: SECTION 1. This Deed is subject to the covenants, onditions, restrictions, and provisions of an agreement entered into between the Grantor an Grantee on the _ day of 199_ identified as "Development Agreement" by and between City of Monticello, Minnesota and Minnesota State Armory Building Commission SECTION 2. This Deed is also given subject to provision of the ordinances, building, and zoning laws of the City of Monticello and state and federal laws d regulations to the extent that they affect the Property. Grantor certifies that it does not know of an wells on the Property. DJG143226 MN190-66 C-I ,.,;).~ . . . IN WITNESS WHEREOF, the Grantor as caused this Deed to be duly executed in its behalf by its Mayor and City Administrator and h caused its corporate seal to be hereunto affIxed this day of , 199_. C By By STATEOFMINNESOTA ) ) SS COUNfY OF ) OF MONTICELLO Its Mayor Its City Administrator On this _ day of , 199 , before me, a Notary Public within and for County, personally appeared and to me personally known who by me duly swo , did say that they are the Mayor and City Administrator of the City of Monticello named in the foregoing instrument; that the seal affixed to said instrument is the seal for said City; that said i strument was signed and sealed on behalf of the City pursuant to a resolution of its governing body; and said and acknowledged said ins ment This instrument was drafted by: Kennedy & Graven, Chartered 470 Pillsbury Center Minneapolis, Minnesota 55402 (612) 337-9300 . Ii _____._, ._.___ _.._..". Notary Public c- 1~( . RIGHT OF FIRST REFUSAL AGRE MENT - COMl\1ISSION PROPERTY , 1998, by This Right of First Refusal Agreement is ade this _ day of and between TIffi CITY OF MONTICELLO, a m icipal corporation under the laws of Minnesota (the "City") and the MINNESOTA STATE ORY BUILDING COMMISSION, a public corporation under the laws of Minnesota (the "Co A. The Commission is the fee owner of cena' real estate (the "Property") legally described as follows: . NEED LEGAL DESCRIPTION OF PA CEL 2 B. The City and the Commission have entere into that certain development agreement dated . 1998 (the "Development Ag eement") pursuant to which this Right of First Refusal Agreement has been negotiated. C. The City and the Commission desire to e ter into this Right of First Refusal Agreement concerning the Property. 1. Right of First Refusal, If the C mmission shall receive a bona fide offer to . purchase, sell, transfer, lease or rent for a period of ore than 31 days, or convey all or a portion of the Property from a third party (the "Third Party ffer"), the Commission shall ~ot sell, transfer, . . 1tJ~ lease, or convey the Property pursuant to or in con ection with the Third Party Offer without first D-l . offering the City the first right to acquire the ri hts to the Property pursuant to the tenus of the Third Party Offer by complying with the provis'ons of this Agreement. The Commission shall provide written notice to the City of the Third P Offer within ten (10) days of the Commission's receipt of the Third Party Offer, which notice s all include a complete copy of the Third Party Offer. The City shall then have thirty (30) days af r receipt of said notice to accept the tenus of the Third Party Offer by sending written notice of sue acceptance to the Commission. In the event the City shall accept the tenus of the Third Party Of er, the Commission and the City shall close the sale and purchase of the Property (or part the of) or execute the lease or other appropriate documents pursuant to all of the tenus and con itions of the Third Party Offer, except that no closing shall be required of the City sooner than s xty (60) days after acceptance by the City of the . Third Party Offer. In the event the City shall re se to accept the tenus of the Third Party Offer (which refusal shall be conclusively established b the City's failure to accept in accordance with the tenus of this Paragraph), the Commission sh I be entitled to sell transfer, lease, or convey the Property (or the specified portion thereof) pursu t to the tenus of the Third Party Offer. Any deviation of the tenus and conditions of the sale transfer, lease, or conveyance to the third party from the tenus and conditions of the Third Party Offer shall require a new notice to the City and shall entitle the City to a new right of first ~efus on the tenus of the modified or altered Third Party Offer. Upon sale of the Property (or a portio thereof) pursuant to the terms a bona fide Third Party Offer for which the City has been provide notice and has refused to accept the offer in accordance with the tenu hereof, the rights of the City with respect to the Property (or the portion thereof sold) shall expire, except that such rights all continue and revive at the expiration of any . lease or other temporary transfer or conveyance, and the City shall continue to have any rights granted by the Development Agreement to th Premises (as defined in tI:e Development Agreement). In the event that only a portion O,f ~~ Property is sold transferred, leased, or conveyed ~~ ...i..."... . pursuant to the terms of this Agreement, the righ of the City hereunder shall continue and remain unimpaired with respect to the remainder of the P~ perty. 2. Term of Agreement This Agree ent shall expire on such date as the Commission no longer has fee title to the Property, provided th t such termination shall not affect the rights with respect to a Third Party Offer made prior to said d te. 3. Notice. Except as otherwise e pressly provided m this Agreement, a notice, demand, or other communication under this A reement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; d . (a) in the case of the Commission, is addressed to or delivered personally to the Commission at and (b) in the case of the City, is address d to or delivered personally to the City at City Hall, P.O. Box 1147, Monticello, MN 553 2-9245, Attn: City Administrator; or at such other address with respect to either s ch party as that party may, from time to time, designate in writing and forward to the other as pr vided in this Paragraph 3. 4. Assignment. The terms and condi ions of this Agreement are hereby made binding on the successors and assigns of the parties hereto. 5. Remedies. The Commission ac wledges that in the event that the Commission shall breach its obligations hereunder, in addition 0 any remedies that may be available at law, due to the unique nature of the Property and the Cit 's rights hereunder, the City shall be entitled to injunctive relief against any proposed sale in vio ation of the City's rights hereunder without the . necessity of posting any bond. 6. Third Party Rights. The Housing nd Redevelopment Authority in and for the City .) of Monticello, Minnesota (the "Authority") Sh~l: during the time prior to the Maturity Date (as ,\,~I . . . defined in the Development Agreement), have the right, but not the obligation, to enforce any right or obligation granted to either party pursuant to .s Right of First Refusal Agreement The City and the Commission hereby agree that they ma not in any way waive, limit, or eliminate the Authority's rights under this Agreement without th express written consent of the Authority. [THE REMAINDER OF THIS PA E IS INTENTIONALLY BLANK] D ",it . I_ on ..__.._._ . . . IN WITNESS WHEREOF, the parties hav caused this Right of First Refusal Agreement to be duly executed on or as of the date first above 'tten. STATEOFMINNESOTA ) ) ss. COUNTY OF WRIGHT ) C OF MONTICELLO, MINNESOTA By Its Mayor By Its City Administrator The foregoing instrument was ackno ledged before me this , 1998 by and Mayor and City Administrator of the City of Mont" ello, Minnesota, on behalf of the City. STATE OF MINNESOTA ) ) ss. COUNTY OF ) Notary Public MINNESOTA STATE ARMORY BUILDING COMMISSION By Its day of , the The foregoing instrument was acknowled d before me this _ day of , 1998 by and , the d of the Minnesota State Armory Building Commission. This instrument was drafted by: Kennedy & Graven, Chartered 470 Pillsbury Center Minneapolis, Minnesota 55402 (612) 337-9300 . .---*----.....-. By Its Notary Public D- ,\,30 . . . EX A. , 1998, by RIGHT OF FIRST REFUSAL A REEMENT ~ CITY PROPERTY This Right of First Refusal Agreement is and between TIlE CITY OF MONTICELLO, a unicipal corporation under the laws of Minnesota (the "City") and the MINNESOTA STATE ORY BUILDING COMMISSION, a public corporation under the laws of Minnesota (the "Co The City is the fee owner of certain real es te (the "Property") legally described as follows: NEED LEGAL DESCRIPTION OF PA CEL 1 B. The City and the Commission have ente~ d into that certain development agreement dated , 1998 (the "Development A reement") pursuant to which this Right of First Refusal Agreement has been negotiated. C. The City and the Commission desire to nter into this Right of First Refusal Agreement concerhing the Property. 1. Right of First Refusal. If the City shall receive a bona fide offer to purchase, sell, transfer, lease, or convey all or a portion of the Pro rty from a third party (the "Third Party Offer"), the City shall not sell, transfer, lease or rent for a period of more than 31 days, or convey the Property pursuant to or in connection with th Third Party Offer without ~lfst offering the Commission the first right to acquire the rig~ts E~ the pr~~~Y pursuant to the terms of the Thirct'1'J' . Party Offer by complying with the provisions of this Agreement The City shall provide written notice to the Commission of the Third Party Offe within ten (10) days of the City's receipt of the Third Party Offer, which notice shall include a complete copy of the Third Party Offer. The Commission shall then have thirty (30) days afte receipt of said notice to accept the terms of the Third Party Offer by sending written notice of such acceptance to the City. In the event the Commission shall accept the terms of the Third Party Offer, the Commission and the City shall close the sale and purchase of the Property ( r part thereof) or execute the lease, or other appropriate documents pursuant to all of the term and conditions of the Third Party Offer, except that no closing shall be required of the Commissi n sooner than sixty (60) days after acceptance by the Commission of the Third Party Offer. In the event the Commission shall refuse to accept the . terms of the Third Party Offer (which refusal shal be conclusively established by the Commission's failure to accept in accordance with the terms of this Paragraph), the City shall be entitled to sell, transfer, lease, or convey the Property (or the sp ified portion thereof) pursuant to the terms of the Third Party Offer. Any deviation of the term and conditions of the sale, transfer, lease or conveyance to the third party from the terms and onditions of the Third Party Offer shall require a new notice to the Commission and shall entitle th Commission to a new right of first refusal on the terms of the modified or altered Third Party Offe. Upon sale of the Property (or a portion thereof) pursuant to the terms a bona fide Third Party On er for which the Commission has been provided notice and has refused to accept the offer in ac ordance with the term hereof, the rights of the Commission with respect to the Property (or the ortion thereof sold) shall expire, except that such rights shall continue and revive at the expirafon of any lease or other temporary transfer or . conveyance.. In the event that only a portion of the Property is sold, transferred, leased, or conveyed pursuant to the terms of this Agreeme t, the rights of the Commission. hereunder shall continue and remain unimpaired with respect to t e remainder of the Property. 2 ;,9- , .' . 2. Term of Agreement. This Agree ent shall expire on such date as the City no longer has fee title to the Property, provided that such te ination shall not affect the rights with respect to a Third Party Offer made prior to said date. 3. Notice. Except as otherwise xpressly provided in this Agreement, a notice, demand, or other communication under this greement by either party to the other shall be sufficiently given or delivered if it is dispatche by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; nd (a) in the case of the Commission is addressed to or delivered personally to the Commission at and . (b) in the case of the City, is addre sed to or delivered personally to the City at City Hall, P.O. Box 1147, Monticello, MN 55 62-9245, Attn: City Administrator; or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as rovided in this Paragraph 3. 4. Assignment. The terms and con itions of this Agreement are hereby made binding on the successors and assigns of the parties heret . 5. Remedies. The City acknowled es that in the event that the City shall breach its obligations hereunder, in addition to any remed"es that may be available at law, due to the unique nature of the Property and the Commission's rig ts hereunder, the Commission shall be entitled to injunctive relief against any proposed sale in violation of the Commission's rights hereunder without the necessity of posting any bond. 6. Third Party Rights. The Housin and Redevelopment Authority in and for the City . of Monticello, Minnesota (the "Authority") sha 1, during the time prior to the Maturity Date (as defined in the Development Agreement), have e right, but not the obligation, to enforce any right or obligation granted to either party pursuant to this Right of First Refusal Agreement. The City fA, ~~ r3 ,';' . . . and the Commission hereby agree that they m y not in. any way waive, limit, or eliminate the Authority's rights under this Agreement without e express written consent of the Authority. [THE REMAINDER OF TIllS PA E IS INTENTIONALLY BLANK] E4 ~~~ . . . IN WITNESS WHEREOF, the parties ha~ caused this Right of First Refusal Agreement to be duly executed on or as of the date first above 'tten. STATEOFMINNESOTA ) ) ss. COUNTY OF WRIGHT ) C OF MONTICELLO, MINNESOTA By By Its Mayor Its City Administrator The foregoing instrument was aden wledged before me this , 1998 by and Mayor and City Administrator of the City of Mont cello, Minnesota, on behalf of the City. STATEOFMINNESOTA ) ) ss. COUNTY OF ) Notary Public MINNESOTA STATE ARMORY BUILDING COMMISSION By Its day of , the The foregoing instrument was acknowled ed before me this _ day of , 1998 by and , the and of the Minnesota State Armory Building Commission. This instrument was drafted by: Kennedy & Graven, Chartered 470 Pillsbury Center Minneapolis, Minnesota 55402 (612) 337-9300 By Its Notary Public E- ~~~ . . . Council Agenda - 8/24/98 10. A. REFERENCE AND BACKGRO The bids for the interceptor relocation pro' ect for the construction of the Monticello Civic Center are due at 10 a.m. on Friday, Aug st 21, 1998. After comments from a previous Council Meeting in regard to the sanitary ewer alignment compromising a good portion of the property, the alignment was relocat d so that it touches only on the far southwest comer of the property on which the civic enter is to be built, leaving almost all of the property available for development. The ew interceptor alignment connects with 6th Street near the west entrance to the Marq ette Bank. It then goes east along 6th Street to Walnut Street, up Walnut Street to 5th Str et where it reconnects to the interceptor sewer. This project not only involves the realig ent of the interceptor sewer, but also sewer and water services for the new civic cente , and removal of all the street, curb and gutter surfaces on Locust and 5th Street (between Locust and Walnut). Following is the low bid amounts for the improvement project: A. Surface Improvements: This conta'ns such items as mobilization, removals of sanitary sewer, water, storm sewer, curb and gutter, and bituminous. Repaving of the streets, transplanting trees, sod, sidewalk............................$115,332 B. Sanitary Sewer: This includes the realignment of the interceptor sewer and the surface connects........................................................................ .$140,0 16 C. Water Main: This includes a new ater main and services as necessary to service the civic center and reinstall salvag d hydrant..........................$ 37,080 D. Storm Sewer: This includes the rei stallation of storm sewer...$ 20,500 TOTAL PROJECT BID:............. ..........................................$312,928 Feasibility Study...................................................................... ..$200,000 The above costs do not include engineerin , inspect, etc. Of the above, surface improvement costs under Section A, a port on of construction costs can be attributed to the replacement of the street surface on 6th treet and Walnut Street. Section B, the sanitary sewer, can only be attributed to th relocation of the interceptor sewer. Under Section C, water main, approximately $2,0 0 could be considered an improvement to our water system. Under Section D, storm sew r, all the costs can be attributed to the civic center project. 14 . The higher costs are due in large part to: 1. Selection of south alignment. Council Agenda - 8/24/98 2. Removal and replacement of 6th St eet. 3. Milling of the road surfaces that c nflict with the building. 4. Dewatering expenses that were no included. 5. Lengthened route along 6th Street. B. ALTERNATIVE ACTIONS: 1. The first alternative would be to re iew the bids and, based upon the low bid award the interceptor relocation pr ~ect the lowest responsible bidder and proceed. 2. The second alternative would be n t to award the trunk relocation project due to budget constraints or other rational proposed by the City Council. . 3. The third alternative would be to in tall a slip liner and continue to use the existing trunk sanitary sewer as is, d have contingency plans for by-pass pumping and replacement if necess ry during the life of the building. Under this alternative, the City wou d be responsible for paying for plans and specification for the trunk line and t e cost to televise and install a liner in the trunk line. This option would allo the project timeline to stay on track. This cost is currently being analyzed by SB and will be presented at the meeting. C. STAFF RECOMMENDATION: It is the recommendation of the City Admin'strator that Council select alternative 1 or 3. The community center budget allocated $186,000 for this portion of the project, The net impact of this project on the overall commu ity center budget is being analyzed and will be provided at the meeting. The current co tingency with the budget is $225,000. D. SUPPORTING DATA: Copy of the draft bid tabulation and letter fr m Citizens Group. . 15 . . . Bids Opelled: 10:00 a.lII. August 21,1998 C(lI1tractor Northdale Construction Schlucnder Construction, Inc. Kuechle Underground, Inc. Kramer Excavating Bauerly Companies S.R. Weidcma Barbarossa and Sons R. Larson Excavating, Inc. Dunnick Bros., Inc. Inland Utility Construction Engineer's Estimate City Engineer Realigll Sallitl ry Sewer Locust Street to J a/nut Street Community Center City Project NI. 98-10C City of Montic I/o, MN Bid Security ~ /(#/ ;/' IJ1SB & Associates, IlIc. Project No. 1101.00 At aendu11l No.1 AddendulII No.2 Total Bid $ i-2~ ,~~b 2.~ I $ $ $ $ $ $ e~ I ~, C\ 2 ~ ., ,~ -r $ . $ $ $ $ $ $ $276,300 I hereby certifY that this is a true and correcttabulalion of the bids as received 011 August 21, 1998. Bret A. Weiss, P.E. , · Dellotes corrected jigllr\ () ~\ F:\WP"1M/ 1O/,OO\'/><cIJlIDTAB. WPD . . . August 20, 1998 Mr. William Fair, Mayor Monticello City Hall P. O. Box 1147 Monticello,:MN 55362 rvIr. Bruce Thielen Monticello City Council 118 Hillcrest Road Monticello, MN 55362 Mr. Roger Carlson Monticello City Council 208 Kevin Longley Drive Monticello, M'K 55362 Re: Monticello Community Cemer Gentlemen: Mr. Clint Herbst Monticello City Council 9801 Gilland Ave. N,R Monticello, MN 55362 M:r. Brian Sumpf MonticeUo City Council 1535 Oak Ridge Circle Monticello, MN 55362 Weare a group of citizens and taxpayers f Monticello who have continuing concernS about the manner in which the Community Cente project is being rushed through the approval process Qfthe City. It appears that decisions are eing made and monies expended in anticipation that the Community Center project \1v 11 be fully approved. As this has not been decided as of this date, we respectfully request th't the City Council delay the expenditure of further City funds for construction until the proje t has been finally approved and fully financed. it is our understanding that a trunk sewer elocation project is being considered by the City Council which is only necessary if the Com! unity Center is in fact built and is built in the exact location that has been discussed. This sew project would not go forward but for the Community Center being constructed. Bids have been solicited which are scheduled to be opened tomorrow, August 21, 1998, and a bid aw d is contemplated for August 24, 1998. It is the bid award that we request be delayed until qu sti.ons are fully answered with respect to the financing and construction ofthe COllul1unity Ce ter_ Our group has recently obtained access to City files on the Community Center proje(~t and a variety of questions of surfaced, the answer' to which are not apparent in the City files. A.roong our concerns are the following: 1. Has the environmental condition of the ne\-\' site been fully ascertained, includinf. the COsts of clean-up> if any? \()~~ . . . August 20, 1998 Page 2 2. Have operational shortfalls been qu nntied once the building is complete and what is the source for paying these hortfalls') 3. Has anyone obtained a legal opinio which confirms that a housing and redevelopment authority has power 0 own and operate a public city hall? 4. Has anyone obtained a legal opinlo \....hich continns that a housing and redevelopment authority has power 0 own and operate a recreational facility? 5. Has the City obtained a legal opluio to confirm that a City may enter into a 20- year lease agreement using general t ::. levy funds to repay revenue bond financing? 6. Has the City obtained a legal opinio that would indicate that the City of Monticello may use this proposed ti ancing structure as a mechanism to avoid issuing general obligation bonds eve though general levy funds will be used (directly and indirectly) to finance t is project'! 7. Does the City have a legal opinion a d/ol" analysis by the State Auditor's Office that this financing structure will not ega.tively impact the City's levy limitation? 8. What, ifany, impact \\!ill this project have on the City's bond rating for future projects? (There is an indication in Ie City tIles that the bond rating of the City is likely to be downgraded and, if so, what is the contribution of this project to that dovmgrading?) We have raised other concenlS relating to th health and safety aspects of the project' which remain unanswered. It \.vould appear that the project is being approved On a piecemeal basis long before the final construction costs are det rmined and prior to ullly answering all of the legal and financial questions that have been rais d. As you are about to approve another approximate $150,000 expenditure on this project. having spent hundreds of thousands of dollars already, it would appear that a hiatus to fully explor these questions would be appropriate. Further, to go ahead without the answers would app ar wasteful oftlle taxpayers' money. Please do not spend more rax dollars in the award oft11e se er relocation binds until all the facts are HIlly known. oneemed Citizens of MOnticello ....t I Co<.-\. ~I ( " I kJo -J ( /; if sJu-H ,Lcl I ~ ~.A.cf'- PUlU,,!' c1,Nc( A <cr,J'"b'1J 8(1 5-19746\1 0731300-000100 \l\/3 ...: BRC FiNANCiAL SYSTEM 08/19/98 11:51:49 Schedule of Bills CiTY OF MONTICELLO GL050S V05.20 COVERPAGE GL540R . Report Selection: RUN GROUP... 0819 COMMENT... 8/19 CKS OATA-JE-IO DATA COMMENT -------------- ------------------------ 0-08191998-598 8/18 CKS Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI J 01 Y S 6 066 10 . . BRC FINANCIAL SYSTEM 08/07/98 12:21:36 Schedule of Bills CITY OF MONTICELLO GL050S-V 5.20 COVERPAGE GL5~OR . Report Selection: RUN GROUP... 0807 COMMENT... 8/07 CKS DATA-JE-lD DATA COMMENT -------------- ------------------------ 0-08071998-593 8/07 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 08/07/98 12: 21: 36 Schedule of Bills GL540R-Y05.20 PAGE 1 .ENDOR NAME AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INYOICE PO# F/P 10 LINE DESCRIPTION AME GROUP WWTP-PLASTICIZE 273.04 MISC REPAIR & MTC UPPLI 436.49201.2299 214724 593 00001 PARKS-OP SUPPLIES 56.43 MISC OPERATING SUP LIES 101.45201.2199 214788 593 00002 329.47 *YENDOR TOTAL AMERICAN PAGING OF MINNE JOHN M, RICH C 18.54 TELEPHONE 601.49440.3210 593 00003 MATT 45.53 TELEPHONE 602.49490.3210 593 00004 PATTY 16.00 TELEPHONE 101.42701.3210 593 00005 JOHN S 9.21 TELEPHONE 101.43110.3210 593 00006 GARY A 9.21 TELEPHONE 101.42401.3210 593 00001 TOM B 9.21 TELEPHONE 101.43115.3210 593 00008 ROBER M 9.21 TELEPHONE 101.43120.3210 593 00009 JOHN L 9.21 TELEPHONE 101.45201.3210 593 00010 126.42 *YENDOR TOTAL ANKENY KELL ARCHITECTS, COMM CENTER-ARCHITECT 89,498.80 PROF SRY - ARCHITE TS' F 461.49201.3020 APR & MAY 593 00011 . BECKER/CITY OF STORM-EQUIPMENT USE 1,060.00 1991 STORM DAMAGE XPENS 101.42501.4401 593 00012 ~ELLBOY CORPORATION BAR LIQUOR 383.00 LIQUOR 609.49150.2510 14681700 593 00014 TAXABLE MISC 502.01 MISC TAXABLE 609.49150.2540 28167700 593 00013 885.01 *YENDOR TOTAL BERNICK'S PEPSI COLA COM BEER 170.80 BEER 609.49150.2520 593 00024 MISC TAXABLE 80.00 MISC TAXABLE 609.49750.2540 593 00025 250.80 *YENDOR TOTAL CEDAR ST. GARDEN CENTER PARKS-LANDSCAPE MATL 360.02 LANDSCAPING MATERI LS 101.45201.2250 593 00019 SHADE TREE-TREES 271. 53 TREE REPLACEMENT 224.46102.4391 593 00020 SHOP- TREES 593.15 BUILDING REPAIR SU PLIES 101.43121.2230 593 00021 1.224.10 *YENDOR TOTAL CENTRAL MINN INITIATIYE CMIF GRANT REIMB 1,100.21 GRANT REIMBURSEMEN 223.46501.6601 593 00022 CENTURY LABS STREETS-OP SUPPLIES 206.20 MISC OPERATING SUP LIES 101.43121.2199 15103, 13435 593 00023 COMPRESSOR SERVICES, LTD WWTP-FILTERS 820.28 PROF SRY - CONSTRU TION 436.49201.3025 50730 593 00026 4111JONDON-SKELLY ANTIQUE CA FIRE-ANTIQUE TRUCK INS 61.75 YEHICLE INSURANCE 101.42201.3630 593 00021 BRC FINANCIAL SYSTEM CITY OF MONTI CElli 08/07/98 12: 21: 36 Schedule of Bills GL540R-V05.20 PAGE .ENDOR NAME AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE DESCRIPTION DAHLHEIMER DISTRIBUTING BEER 5,422.10 BEER 609.49750.2520 593 0002: NON ALCOHOLIC BEER 179.30 MISC TAXABLE 609.49750.2540 593 0002' 5,601.40 *VENDOR TOTAL DAY DISTRIBUTING COMPANY BEER 1,339.00 BEER 609.49750.2520 38760 593 00031 DAYTON'S OFFICE SOLUTION CH-FURNITURE FIXTURES 4,046.09 FURNITURE & FIXT RES 240.49201.5601 190127, 122461 593 0003 EARL'S WELDING & IND SUP SHOP-OP SUPPLIES 460.83 MISC OPERATING S PPLIES 101.43127.2199 593 0003: ELECTION SYSTEMS & SOFTW ELECTIONS-PAPER 41.72 MISC OPERATING S PPLIES 101.41410.2199 593 0003: ADM-UTILITY BILLS 1.057.12 PRINTED FORMS & APER 101.41301.2030 593 0003, FINANCE-CHECKS 1,013.46 PRINTED FORMS & APER 101.41520.2030 593 0003: 2,112.30 *VENDOR TOTAL ENNIS CABINETS CH-FILING CABINET(OLLIE) 918.00 FURNITURE & FIXT RES 101.41940.5601 8580 593 0003i eIR/WILLIAM MAYOR-TRAVEL EXPENSE 26.32 TRAVEL EXPENSE 101.41110.3310 593 0003' GRIGGS, COOPER & COMPANY LIQUOR 4,335.50 LIQUOR 609.49750.2510 593 0003~ WINE 82.00 WINE 609.49750.2530 593 0003' MISC TAXABLE 207.58 MISC TAXABLE 609.49750.2540 593 00041 FREIGHT 63.75 FREIGHT 609.49750.3330 593 0004 4,688.83 *VENDOR TOTAL GROSSLEIN BEVERAGE INC. BEER 3,659.20 BEER 609.49750.2520 153777 593 0004; HAWKINS WATER TREATMENT WATER-T/POTABLE 48.00 MISC PROFESSIONA SERVIC 601.49440.3199 593 0004: WATER-CHEMICALS 35.00 CHEMICAL PRODUCT 601.49440.2160 593 0004' 83.00 *VENDOR TOTAL HENRY & ASSOCIATES WATER-RESALE METERS 1,357.51 METERS & VALVES OR RESA 601.49440.2271 593 0004' WWTP-EQUIP R & M 518.32 REPAIR & MTC - M CH & EQ 436.49201.4044 593 0004, WATER-EQUIP R & M 217.69 REPAIR & MTC - M CH & EQ 601.49440.4044 593 0004', WATER-WRENCH 60.93 SMALL TOOLS & EQUIPMENT 601.49440.2410 593 0004, WATER-UTIL SYS MAINT 324.88 UTILITY SYSTEM M CE SUPP 601.49440.2270 593 0004' . 2,479.33 *VENDOR TOTAL _~ - _"__m -~ ._."_.~ - - - - -""_.~ - .- BRC FINANCIAL SYSTEM CITY OF MONTICELLO 08/07/98 12:21:36 Schedule of Bills GL540R-V05.20 PAGE 4 .ENDOR NAME AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P 10 LINE DESCRIPTION MARTIE'S FARM SERVICE CEMETARY-OP SUPPLIES 13.74 MISC OPERATING SUP LIES 651.49010.2199 593 00077 FIRE-CRABGRASS PREY 74.97 REPAIR & MTC - BUI DINGS 101.42201.4010 593 00078 LIBRARY-CRABGRASS PREY 74.98 REPAIR & MTC - BUI DINGS 211.45501.4010 593 00079 CH-BLDG REPAIR SUPPLIES 74.98 BUILDING REPAIR SU PLIES 101.41940.2230 593 00080 PARK-OP SUPPLIES 640.23 MISC OPERATING SUP LIES 101.45201.2199 593 00081 878.90 *VENDOR TOTAL MAUS FOODS PLANNING 45.39 MISC OPERATING SUP LIES 101.41910.2199 593 00082 AN SHELTER-SUPPLIES 48.27 MISC OPERATING SUP LIES 101.42701.2199 593 00083 PW 5.54 MISC OPERATING SUP LIES 101.43127.2199 593 00084 LIBRARY-CLNING SUPPLIES 33.16 CLEANING SUPPLIES 211.45501.2110 593 00085 132.36 *VENDOR TOTAL MENARD, INC PARKS-OP SUPPLIES 253.33 MISC OPERATING SUP LIES 101.45201.2199 593 00086 MIDWEST EXPO 98 LIQUOR-CONFERENCE 90.00 CONFERENCE & SCHOO S 609.49754.3320 593 00088 MINNEGASCO .LIQUOR STORE 15.98 GAS 609.49754.3830 593 00089 MINNETONKA IRON WORKS, I PARKS-POST CAPS 300.00 MISC REPAIR & MTC UPPLI 101.45201.2299 593 00090 MN DEPT OF TRADE & ECON SCERT GRANT REIMB 2,483.45 GRANT REIMB - AROP AX 222.46501.6602 593 00091 MONTICELLO RV CENTER STREETS-GAS LIGHTER 25.11 SMALL TOOLS & EQUI MENT 101.43120.2410 593 00092 MOON MOTOR SALES, INC. FIRE-SAW REPAIR 52.75 REPAIR & MTC - MAC & EQ 101.42201.4044 593 00093 STREETS-BELTS 25.33 EQUIPMENT REPAIR P RTS 101.43120.2210 593 00094 PARK-MOWERS 1,464.11 OTHER EQUIPMENT 101.45201.5801 593 00095 PARK-VEH REPAIR PARTS 16.08 VEHICLE REPAIR PAR S 101.45201.2211 593 00096 PARK-EQUIP REPAIR PARTS 158.37 EQUIPMENT REPAIR P RTS 101.45201.2210 593 00097 PARK-OP SUPPLIES 98.71 MISC OPERATING SUP LIES 101.45201.2199 593 00098 1,815.35 *VENDOR TOTAL NAGORSKI/TERRY TIF 1-22 N ANCHOR APPR 300.00 PROF SRV - LEGAL F ES 213.46522.3040 593 00099 ORR-SCHELEN-MAYERON & AS PATHWAY-OBS & STAKING 46.05 PROF SRV - CONSTRU TION 435.49201.3025 593 00100 ~ILLIPS WINE & SPIRITS WINE 2,005.41 WINE 609.49750.2530 593 00102 LIQUOR 2,219.70 LI QUOR 609.49750.2510 593 00103 - ..- - -. - BRC FINANCIAL SYSTEM CITY OF MONTICELLO 08/07/98 12:21 :36 Schedule o Bi 11 s GL540R-V05.20 PAGE 6 .DOR NAME AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE POll F/P 10 LINE DESCRIPTION THORPE DISTRIBUTING COMP BEER 15,518.70 BEER 609.49750.2520 593 00126 MISC TAXABLE 108.15 MISC TAXABLE 609.49750.2540 593 00127 15,626.85 *VENDOR TOTAL U S POSTMASTER FIRE~BOX RENTAL 6.00 MISC OTHER EXPENSE 101.42201.4399 (6) MONTHS 593 00128 VIKING COCA COLA CH-POP 61. 77 MISC OTHER EXPENSE 101.41940.4399 593 00129 WATSON COMPANY, INC/THE MISC TAXABLE 373.95 MISC TAXABLE 609.49750.2540 593 00130 WRIGHT COUNTY AUDITOR-TR SCERG GRANT REIMB 2,760.51 GRANT REIMBURSEMEN ?22.46501.6601 593 00131 SHERIFF PATROL 27,776.40 PROF SRV - LAW ENF RCEME 101.42101.3050 AUGUST 593 00132 30,536.91 *VENDOR TOTAL WRIGHT COUNTY DEPT OF HI STORM-EQUIPMENT USE 11,638.00 1997 STORM DAMAGE XPENS 101.42501.4401 593 00134 ~GHT COUNTY PARKS DEPT TORM-LABOR & EQUIP USE 2,527.00 1997 STORM DAMAGE XPENS 101.42501.4401 593 00135 WRIGHT-HENNEPIN COOP ELE STREET LIGHTS-GILLARD 9.00 ELECTRIC 101.43160.3810 593 00133 ZARNOTH BRUSH WORKS, INC STREETS-MISC OP SUPPLE IS 899.39 MISC OPERATING SU PLIES 101.43120.2199 593 00136 PARKS-MISC OP SUPPLIES 379.56 MISC OPERATING SU PLI ES 101.45201.2199 593 00137 1,278.95 *VENDOR TOTAL lEE MEDICAL SERVICE PW ADM-FIRST AID SUPP 94.97 MISC OTHER EXPENS 101.43110.4399 593 00132 LIQUOR-FIRST AID SUPP 36.63 MISC OTHER EXPENSE 609.49754.4399 593 0013( 131.60 *VENDOR TOTAL . - -.'- - ---_.._-,-,_.-~'~-,.-- BRC FINANCIAL SYSTEM 08/07/98 12:21:36 .DOR NAME DESCRIPTION REPORT TOTALS: . . AMOUNT 244,158.14 ACCOUNT NAME RECORDS PRINTED - 000139 Schedule of B.lls FUND & ACCOUNT CITY OF MONTICELLO GL540R-V05.20 PAGE 7 CLAIM INVOICE PO# F/P 10 LINE BRC FINANCIAL SYSTEM 08/07/98 12:21:39 '0 RECAP: Schedule of Bills FUND DESCRIPTION ---------------------------- 101 GENERAL FUND 211 LIBRARY FUND 213 HRA FUND 222 SCERG (ECON RECOVERY GRANT) 223 CMIF (CENT MN IN IT FUND) 224 SHADE TREE FUND 240 CAPITAL PROJECT REVOLVING FD 435 93-08C PATHWAY PROJECT 436 93-14C WWTP EXPANSION PRJ 461 98-03C COMMUNITY CENTER 601 WA TE R FUN D 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 651 RIVERSIOE CEMETERY TOTAL ALL FUNDS aK RECAP: BANK NAME ---------------------------- GENt. GENERAL CHECKING LIQR LIQUOR CHECKING TOTAL ALL BANKS DIS URSEMENTS 9.110.56 633.80 300.00 5.243.96 1.100.21 444.72 4,046.09 46.05 1.702.78 89.498.80 2,161.89 45.53 39.250.88 572.87 44.158.14 01 BURSEMENTS 04.907.26 39.250.88 244,158.14 THE PRECEDING LIST OF BILLS PAYABLE WAS REVIEWED AND APPROVED FOR PAYMENT. DATE ............ APPROVED BY . . ...... ........0........ ..... t....... .. ....... ........... ......... ...... ..... .... ... t.... .........,.. 0.." .......... CITY OF MONTICELLO GL060S-V05.20 RECAPPAGE GL540R ---~--'~- ,,-----.-....--.- .I,__'---'-_._~ BRC FINANCIAL SYSTEM CITY OF MONTICELLO 08/19/98 11: 51 :50 Schedule 0 f Bills GL540R-V05.20 PAGE 2 .NOOR NAME AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE POll F /P ID LINE DESCRIPTION BITZER/GLADYS CHAMBER - HELP 333.00 SALARIES. TEMPORARY RE 101.45172.1040 8/31 PAYMENT 598 00021 BUFFALO BITUMINOUS, INC. STREETS-OP SUPPLI ES 212.75 MISC OPERATING SUPPL ES 101.43120.2199 598 00022 CELLULAR 2000 OF ST CLOU TOM B 80.06 TELEPHONE 101.43115.3210 598 00023 FIRE DEPT 2.36 TELEPHONE 101.42201.3210 598 00024 GARY A 85.07 TELEPHONE 101.42401.3210 598 00025 MA TT T 18.29 TELEPHONE 601.49440.3210 598 00026 185.78 *VENDOR TOTAL COMMERCIAL ASPHALT COMPA TACK OIL 118.91 MISC OPERATING SUPPL ES 101.43120.2199 598 00029 CULLIGAN RENTAL HOUSE 24.92 RENTAL HOUSE EXPENSE 240.49201.4381 598 00030 DAHLHEIMER DISTRIBUTING BEER 7,355.15 BEER 609.49750.2520 598 00031 NON ALCOHOLIC 115.50 MISC TAXABLE 609.49750.2540 598 00032 . 7.470.65 *VENDOR TOTAL DAVE PETERSON'S FORD/MER STREETS-VEH REPAIR PARTS 173.98 VEHICLE REPAIR PARTS 101.43120.2211 598 00033 DAY DISTRIBUTING COMPANY BEER 1,381.60 BEER 609.49750.2520 598 00034 MISC TAXABLE 34.40 MISC TAXABLE 609.49750.2540 598 00035 1,416.00 *VENDOR TOTAL EARL F ANDERSON & ASSOCI STREETS-OP SUPPLIES 1,328.16 MISC OPERATING SUPPL ES 101.43120.2199 598 00036 EHLERS & ASSOC,INC PUBLI HRA-GENERAL 341. 25 MISC PROFESSIONAL SE VIC 101.41910.3199 598 00037 COMM CENTER 1.680.00 MISC PROFESSIONAL SE VIC 101.41910.3199 598 00039 MALL REDEV 52.50 MISC PROFESSIONAL SE VIC 213.46522.3199 TIF 1-22 598 00038 ALLIED 2,152.50 MISC PROFESSIONAL SE VIC 213.46523.3199 TIF 1-23 598 00040 4,226.25 *VENDOR TOTAL ELK RIVER BITUMINOUS INC STREETS-OP SUPPLIES 505.88 MISC OPERATING SUPPLI ES 101.43120.2199 598 00041 EMERGENCY APPARATUS MAIN FIRE-TRUCK R & M 659.66 REPAIR & MTC - VEHICL ES 101.42201.4050 13130 598 00042 eGLE/GREG GREG-TRAVEL EXPENSES 76.11 TRAVEL EXPENSE 101.42501.3310 598 00043 BRCFINANCIAL SYSTEM 08/19/98 11 :51 :50 Schedule f Bills .ENDOR NAME AMOUNT ACCOUNT NAME FUND & ACCOUNT DESCRIPTION KEN ANDERSON TRUCKING (23) ANIMALS 126.50 MISC PROFESSIONAL S RVIC 101.42701.3199 KENNEDY & GRAVEN, CHARTE HRA-GENERAL 269.00 MISC PROFESSIONAL S RVIC 101.41910.3199 COMM CENTER 1,495.65 MISC PROFESSIONAL S RVIC 101.41910.3199 MALL REDEV 470.38 MISC PROFESSIONAL S RVIC 213.46522.3199 2,235.03 *VENDOR TOTAL KRAMBER & ASSOCIATES INC ASSESSING SERVICES 1,948.50 PROF SRV - ASSESSIN 101.41550.3125 L & STOOL & DESIGN SHADE TREE-BLADES&SHARPN 110.00 MISC PROFESSIONAL S RVIC 224.46102.3199 LAB SAFETY SUPPLY INC. PARKS-OP SUPPLIES 271.96 MISC OPERATING SUPP IES 101.45201.2199 LAKEVILLE MOTOR EXPRESS REFUSE-FREIGHT FOR FILE 244.02 MISC OPERATING SUPP IES 101.43230.2199 LITTLE MOUNTAIN FLOWERS . CH-KRAMBER & SIMOLA 77.59 MISC OTHER EXPENSE 101.41301.4399 M.B.P. FIRE-FUEL 131. 29 MOTOR FUELS 101.42201.2120 STREETS-FUEL 246.28 MOTOR FUELS 101.43120.2120 377.57 *VENDOR TOTAL MARTIE'S FARM SERVICE PARK-OP SUPPLIES 133.02 MISC OPERATING SUPP IES 101.45201.2199 STREETS-PELLETS 7.35 MISC OPERATING SUPP IES 101.43120.2199 SEWER-BUCKET 6.55 MISC OPERATING SUPP IES 602.49490.2199 146.92 *VENDOR TOTAL MCDOWALL COMPANY LIQUOR-EQUIP REPAIR 489.48 REPAIR & MTC - MACH & EQ 609.49754.4044 LIBRARY-AC R & M 847.63 REPAIR & MTC - MACH & EQ 211.45501.4044 CH-AC R & M 307.00 REPAIR & MTC - MACH & EQ 101.41301.4044 1,644.11 *VENOOR TOTAL MICHELS TRUCKING, INC LIQUOR-FREIGHT 279.00 FREIGHT 609.49750.3330 MINNEAPOLIS EQUIPMENT CO WWTP-EQUIP RENTAL 175.00 EQUIPMENT RENTAL 436.49201.4150 WWTP-OP SUPPLIES 69.11 MISC OPERATING SUPP IES 436.49201.2199 . 244.11 *VENDOR TOTAL CLAIM INVOICE TIF 1-22 AUGUST 1998 CITY OF MONTICELLO GL540R-V05.20 PAGE 4 PO# F/P 10 LINE 598 00064 598 00065 598 00067 598 00066 598 00068 598 00069 598 00070 598 00071 598 00072 598 00089 598 00090 598 00073 598 00074 598 00075 598 00076 598 00077 598 00078 598 00079 598 00082 598 00083 BRC FINANCIAL SYSTEM CITY OF MONTICELLO 08/19/98 11: 51: 50 Schedule f Bills GL540R-V05.20 PAGE 5 .ENOOR NAME AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P ID LINE DESCRIPTION MINNEGASCO ANIMAL SHELTER 9.59 GAS 101.42701.3830 598 00080 MIRACLE RECREATION EQUIP PARKS-BENCH FRAME 133.06 REPAIR & MTC - OTHE 101.45201.4099 455322 598 00085 MN COPY SYSTEMS INC FIRE-COPIER MAINT 31. 95 MAINTENANCE AGREEME TS 101.42201.3190 THROUGH 7/24 598 00081 MN RURAL WATER ASSOCIATI HA TER-LI CENSES 185.00 LICENSES & PERMITS 601.49440.4370 598 00084 MONTICELLO SENIOR CITIZE MONTHLY CONTRACT 2,833.33 SENIOR CENTER CONTR IBUTI 101.45175.3136 SEPTEMBER 598 00091 MONTICELLO VACUUM CENTER LIQUOR-EQUIP R & M 62.52 REPAIR & MTC - MACH & EQ 609.49754.4044 598 00092 LIBRARY-EQUIP R & M 26.57 REPAIR & MTC - MACH & EQ 211.45501.4044 598 00093 89.09 *VENDOR TOTAL MOONEY & ASSOCIATES WWTP-BRACKET 85.70 REPAIR & MTC - MACH & EQ 436.49201.4044 6189 598 00094 ~ORAN USA, LLC LIQUOR-TAX MISC 40.74 MISC TAXABLE 609.49750.2540 598 00095 MUSCO SPORTS LIGHTING, PARKS-Z LAMP 137.48 MISC OPERATING SUP LIES 101.45201.2199 53003 598 00096 NEENAH FOUNDRY COMPANY WWTP-SIDEWALK DRAINS 875.75 PROF SRV - CONSTRU TION 436.49201.3025 598 00097 NORTHERN HYDRAULICS PARKS-STRAPS 101. 15 SMALL TOOLS & EQUI MENT 101.45201.2410 19270321 598 00098 NORTHERN STATES POWER CO WATER 672.99 ELECTRIC 601.49440.3810 598 00099 SEWER 8.41 ELECTRIC 602.49490.3810 598 00100 STREET LIGHTS 179.42 ELECTRIC 101.43160.3810 598 00101 CIVIL DEFENSE 4.85 ELECTRIC 101.42501.3810 598 00102 SHOP/GARAGE 415.11 ELECTRIC 101.43127.3810 598 00103 LI BRARY 728.17 ELECTRIC 211.45501.3810 598 00104 CH 1,153.17 ELECTRIC 101. 41940.3810 598 00105 PARKING LOTS 17.44 ELECTRIC 101.43140.3810 598 00106 AN SHELTER 166.13 ELECTRIC 101.42701.3810 598 00107 3,345.69 *VENDOR TOTAL 4111'ORTHLANO ELECTRIC REFUSE-BATTERIES 61.34 MISC OPERATING SUP LIES 101.43230.2199 598 00108 BRC FINANCIAL SYSTEM CITY OF MONTI CELLI 08/19/98 11: 51 :50 Schedu e of Bills GL540R-V05.20 PAGE .ENDOR NAME AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P 10 LINE DESCRIPTION ONE CALL CONCEPTS, INC. LOCATES 312.00 MISC PROFESSIONAL SERVIC 601.49440.3199 JULY 598 0010~ P & H WAREHOUSE SALES, I PARKS-TRANFORMERS& FUSE 63.63 MISC OPERATING SU PLIES 101.45201.2199 8353101 598 00110 PATCH/FRED FRED-CELL PHONE REIMB 17 .88 TELEPHONE 101.42401.3210 598 00111 PHILLIPS WINE & SPIRITS WINE 1,297.10 WINE 609.49750.2530 598 00112 LIQUOR 843.19 LIQUOR 609.49750.2510 598 00113 FREIGHT 28.47 FREIGHT 609.49750.3330 598 00114 2,168.76 *VENDOR TOTAL PINNACLE DISTRIBUTING MISC TAXABLE 392.80 MISC TAXABLE 609.49750.2540 598 00115 PIPELINE SUPPLY, INC. STREETS-OP SUPPLIES 129.64 MISC OPERATING SUP LIES 101.43120.2199 598 00116 PITNEY BOWES . CH-TAPE ROLLS 50.66 MISC OFFICE SUPPLI S 101.41301.2099 598 00117 PLANT & FLANGED EQUIPMEN WWTP-PROF SERVICES 4,459.57 PROF SRV - CONSTRU TION 436.49201.3025 598 00118 PRECISION MEASURING SYST PW INSP-MISC OP 138.51 MISC OPERATING SUP LIES 101.43115.2199 598 00119 PREUSSE/JAMES L CH 460.00 PROF SRV - CUSTODI L 101.41940.3110 AUG CLEANING 598 00120 DEP REG 120.00 PROF SRV - CUSTODIAL 101.41990.3110 AUG CLEANING 598 00121 PW 150.00 PROF SRV - CUSTODIA 101.43110.3110 AUG CLEANING 598 00122 730.00 *VENDOR TOTAL PROFESSIONAL SERVICES GR WWTP CONTRACT 35,360.50 PROF SRV - PSG, INC 602.49480.3080 SEPTEMBER 598 00123 SUNNY FRESH TESTING 1,346.40 MISC PROFESSIONAL S RVIC 602.49480.3.199 2ND QTR 1998 598 00124 36,706.90 *VENDOR TOTAL QUALITY WINE & SPIRlTS C LIQUOR 3,389.57 LIQUOR 609.49750.2510 598 00125 WINE 1,677.02 WINE 609.49750.2530 598 00126 5,066.59 *VENDOR TOTAL R & 0 SALES, INC. ~ PARKS-EMBROIDER DESIGN 50.00 UNIFORM RENTAL 101.45201.4170 14425 598 00127 -----. .-.--. ---- BRC FINANCIAL SYSTEM CITY OF MONTICELi 08/19/98 11: 51 :50 Schedu e of Bills GL540R-V05.20 PAGE .ENDOR NAME AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F/P 10 LINE DESCRIPTION ROAD MACHINERY & SUPPLIE STREETS-KEY,RING,SEAL 117.63 EQUIPMENT REPAIR PARTS 101;43120.2210 598 0012 ROGERS RADIATOR REPAIR SEHER-EQUIP REPAIR PARTS 120.00 EQUIPMENT REPAIR PARTS 602.49490.2210 598 0012 RON'S GOURMET ICE ICE 642.32 MISC TAXABLE 609.49750.2540 20095,19388 598 0013 ROYAL TIRE OF MONTICELLO PARKS-EQUIP REPAIR PARTS 98.90 EQUIPMENT REPAIR PARTS 101.45201.2210 598 0013 WATER-TIRE REPAIR 23.85 REPAIR & MTC - V HICLES 601.49440.4050 598 0013 STREETS-TIRE REPAIR 8.00 REPAIR & MTC - V HICLES 101.43120.4050 598 0013 STREETS-EQUIP REPAIR PRT 633.39 EQUIPMENT REPAIR PARTS 101.43120.2210 598 0013 STREETS-EQUIP REPAIR 8.00 REPAIR & MTC - M CH & EQ 101.43120.4044 598 0013 STREETS-VEH REPAIR PARTS 162.02 VEHICLE REPAIR P RIS 101.43120.2211 598 0013 934.16 *VENDOR TOTAL ROYCE ROLLS RINGER COMPA PARKS-TISSUE DISPENSER 126.99 REPAIR,& MTC - B ILDINGS 101.45201.4010 6583 598 0013 RUSSELL'S LOCK & KEY ~ LIQUOR-FRT DOOR SERVICE 50.00 REPAIR & MTC - B ILDINGS 609.49754.4010 598 0013 AN SHELTER-REPAIR LOCK 63.71 REPAIR & MTC - B ILDINGS 101.42701.4010 598 0013 113.71 *VENDOR TOTAL SAFETY-KLEEN CORP. SHOP-MA 83.60 MAINTENANCE AGRE MENTS 101.43127.3190 598 00141 SALZWEDEL/PATRICIA PATTY-OP SUPPLIES 85.36 MISC OPERATING S PPLI ES 101.42701.2199 598 0008; PATTY-POSTAGE 12.80 POSTAGE 101.42701.3220 598 0008' AN CONTROL CONTRACT 1,197.49 PROF SRV - ANIMA CTRL 0 101.42701.3120 AUGUST 31 598 0008: 1,295.65 *VENDOR TOTAL SCHARBER & SONS, INC. PARKS-MOWER 9,952.42 OTHER EQUIPMENT 101.45201.5801 598 0014 SCHMIDT CURB COMPANY, IN HHTP-REALIGN CURB&GUTTER 4,960.00 PROF SRV - CONST UCTION 436.49201.3025 598 0014: ST. CLOUD RESTAURANT SUP MISC OP SUPPLIES 19.54 MISC OPERATING S PPLIES 609.49754.2199 598 0014' MISC TAXABLE 50.55 MISC TAXABLE 609.49750.2540 415177 598 0014: 70.09 *VENDOR TOTAL SUPERIOR FCR LANDFILL, I . LANDFILL CHARGES 281. 03 MISC PROFESSIONAL SERVIC 101.43230.3199 JULY 598 OOW -~----,-- -----------,-- --~,-,----,-"------,-~-"-,---,- BRC FINANCIAL SYSTEM CITY OF MONTICELU 08/19/98 11: 51: 50 Schedu e of Bills GL540R-V05.20 PAGE . ENDOR NAME DESCRIPTION AMOUNT ACCOUNT NAME FUND & ACCOUNT CLAIM INVOICE PO# F /P ID LINE USI,INC INSP-POUCHES 80.15 MISC OPERATING S PPLIES 101.42401.2199 1. 90314E+11 598 0018 VIKING COCA COLA LIQUOR-POP 449.80 MISC TAXABLE 609.49750.2540 598 0018' CH-POP 127.41 MISC OTHER EXPEN E 101.41940.4399 598 0018 577.21 *VENDOR TOTAL VISU-SEWER CLEAN & SEAL, WATER-LINE REPAIR 1,700.00 MISC PROFESSIONA SERVIC 601.49440.3199 98225M 598 0018. VNAM PARKS-(2)CONF REGISTRAT. 170.00 CONFERENCE & SCH OLS 101.45201.3320 598 0018: WATSON COMPANY, INC/THE MISC TAXABLE 791.57 MISC TAXABLE 609.49750.2540 598 0018; WEST PUBLISHING COMPANY ZONING & PLANNING REPORT 292.86 DUES, MEMBERSHIP & suesc 101.41910.4330 59B 0018: MN SESSION LAW 158.69 DUES, MEMBERSHIP & SUBSC 101.41301.4330 3/98 - 2/99 59B 0018 451. 55 *VENDOR TOTAL ~RIGHT HENNEPIN SECURITY DEP REG 19.12 MAINTENANCE AGRE MENTS 101.41990.3190 598 0018' PARKS 15.98 MAINTENANCE AGRE MENTS 101.45201.3190 59B 00191 WATER TOHER 21.25 MAINTENANCE AGRE MENTS 601.49440.3190 598 0019 56.35 *VENDOR TOTAL Y M C A - NW CONTRACT 625.00 MISC PROFESSIONA SERVIC 101.45177.3199 AUGUST 598 0019' ZIEGLER POWER SYSTEMS PARKS 100.46 EQUIPMENT REPAIR PARTS 101.43120.2210 MIRROR 59B 0019: . BRC FINANCIAL SYSTEM 08/19/98 11:51:50 ~...... eENDOR NAME DESCRIPTION REPORT TOTALS: . . AMOUNT 251,496.69 ACCOUNT NAME RECORDS PRINTED - 000191 Schedu1 of Bills FUND & ACCOUNT CITY OF MONTICELLC GL540R-V05.20 PAGE 1C CLAIM INVOICE PO# F/P 10 LINE BRC FINANCIAL SYSTEM 08/19/98 11:51:53 -FUND RECAP; FUND DESCRIPTION ---------------------------- 101 GENERAL FUND 211 LIBRARY FUND 213 HRA FUND 224 SHADE TREE FUND 240 CAPITAL PROJECT REVOLVING FD 436 93-14C WWTP EXPANSION PRJ 601 WATER FUND 602 SEWER FUND 609 MUNICIPAL LIQUOR FUND 610 TRANSPORTATION FUND TOTAL ALL FUNDS BANK RECAP: BANK NAME .--- GENL LIQR ---------------------------- GENERAL CHECKING LIQUOR CHECKING TOTAL ALL BANKS Schedule of Bills ISBURSEMENTS 67.051.87 2,039.53 2,675.38 110.00 24.92 48,507.91 11,165.17 36,841. 86 77,241.28 5,838.17 251,496.69 ISBURSEMENTS 174,255.41 77,241.28 251,496.69 THE PRECEDING LIST OF BILLS PAYABLE W S REVIEWED AND APPROVED FOR PAYMENT. DATE ............ APPROVED Y . ................... ................. ............ ...... ..++... .......... .. ..... ......... ........... .......... - CITY OF MONTICELLO GL060S-V05.20 RECAP PAGE GL54 OR . -.. .-. Mayor: AGE DA REGULAR MEETING - MO TICELLO CITY COUNCIL MONDAY, AU UST 24, 1998 Bill Fair Council Members: Clint Herbst, Brian Stumpf, R ger Carlson, Bruce Thielen 1. Call to order. 2. Approval of minutes ofthe regular meetin held August 10, 1998. 3. Consideration of adding items to the agen a. 4. Citizens comments/petitions, requests, and complaints. 5. Consent agenda: (61 Consideration of an amendment to he resolution authorizing eminent domain of the Burlington Northern Property b adding vacated Linn and Locust Street right -of-ways. @ ~/ \9 Consideration of accepting enviro distribution to the Environmental ent assessment worksheet and authorize uality Board. Golden Nugget Development. C. Consideration of adopting a resolut on approving Monticello Heartland Express 1999 Budget and Transit Assistanc Application. D. Consideration of a amendment to l' solution supporting annexation of Wildwood Ridge plat. Amendment revises th legal description of the land area annexed. E. Consideration of adoption of a reso ution calling for a public hearing by the City on the adoption of the proposed mo ified redevelopment project No.1, and the proposed tax increment financing p an for tax increment financing district No. 1- 25 therein. Consideration of accepting bids an awarding sanitary sewer extension project - Monte Club. 6. Consideration of items removed from the c nsent agenda for discussion. 7. Public Hearing to consider adopting a resol tion approving modification ofthe Plan for Central Monticello Redevelopment Project No. I, establishment ofTIF District No. 1-24 and approving the Plan relating thereto. (8. Benedicts) 8. Consideration of reviewing six month liqu r store financial report. 9. Consideration of approval of agreement be ween the City and National Guard regarding the Community and Training Center devel pment. . . . Agenda Monticello City Council 8/24/98 Page 2 10. 11. . T' I U C( ID h . Consideration of accepting bids and award ng project - Trunk Sanitary Sewer Relocation Project #98-1 DC. Adjournment. (7;1(5 IAd" e t \yo t ~ 1/" r (f.f":J . . . MIN TES REGULAR MEETING - MO TICELLO CITY COUNCIL Monday, August 0, 1998 - 7 p.m. Members Present: Bill Fair, Clint Herbst, Brian S umpf, Bruce Thielen Members Absent: Roger Carlson 2. A roval of minutes of the s ecial meetin A MOTION WAS MADE BY BRUCE T IELEN AND SECONDED BY BRIAN STUMPF TO APPROVE THE MINUTE OF THE SPECIAL MEETING HELD ON JUL Y 27, 1998 AS WRITTEN. Motion c ied with Clint Herbst abstaining. A roval of minutes of the re ular meetin A MOTION WAS MADE BY BRIAN S MPF AND SECONDED BY CLINT HERBST TO APPROVE THE MINUTE OF THE REGULAR MEETING HELD JUL Y 27, 1998 AS WRITTEN. Motion c ied unanimously. 3. Consideration of addin None 4. Citizens comments None 5. Consent Agenda A. Consideration of a Elections B. The council approved the list of ele tion judges for the Primary and General election with the addition of Lynett Gilland. Consideration of a Festival license - St. He's Fall Recommendation: Approve the re olution for issuance of gambling license. SEE RESOLUTION 98- 6) . . H. 1. . C. Recommendation: Approve incre se in service charges for delinquent charges and increases fees for assessment s arches. D. Consideration of are uest for a su division and conditional use ermit in an I-I Zonin District to allow for a shar d drivewa . A licant Blue Chi Inc. E. lat - Worth Estates. Recommendation: Approve preli inary and final plat of Worth Estates based on the finding that no new buildable p eels are created and there are no new impacts on public services. F. Recommendation: Approve condi ional use permit based on the conditions contained in Exhibit Z. G. lat for The Forest. A licant John ment Inc. Recommendation: Approve preli inary plat with the conditions listed in Exhibit Z. Recommendation: Approve the C P/PUD amendment subject to the conditions listed in Exhibit Z. standards for the erection of Monticello. of GJ . . . Recommendation: Approve ordi ance amendment based on the finding that it is consistent with the comprehensive plan and consistent with the character of the residential neighborhood. 1. Recommendation: Approve the r zoning from A-I (agricultural) to R-l (Single Family Residential). K. Recommendation: Approve final lat, development agreement and joint City/Township annexation resoluti n. A MOTION WAS MADE BY B AN STUMPF AND SECONDED BY CLINT HERBST TO APPROVE THE CO SENT AGENDA AS RECOMMENDED WITH THE ADDITION OF L YN TTE GILLAND AS AN ELECTION JUDGE. Motion carried unanimously. 7. annexation Recommendation: Approve final plat, de elopment agreement and resolution supporting annexation of phase 1. Authorize preparati n of feasibility report and plans and specifications for booster station. Deputy City Administrator, Jeff O'Neill d City Engineer, Brett Weiss presented the staff report explaining the water pressure s.tuation in the development area and identifying the water pressure zones. Bret eiss noted that the lots at the higher elevation in the development would have r duced water pressure. The city staff had looked at a number of options and recomm nded construction of a permanent booster station. It was suggested that a service dist . ct be set up and the properties within that district would bear the cost of the booster s ation which is estimated to run approximately $750/10t. Clint Herbst asked if there was a ay that the charge for the upkeep of the booster station could be added to the water ill. He was informed by the staff that it could be done under the present utility billi g system. Bill Fair questioned whether the charges for the booster station would be as essed or if it would be an up front cost. Brett Weiss suggested that the City keep it as an p front charge. It was also recommended that the city attorney be consulted about th legal procedure for establishing a service district. 6J . . . Lucinda Gardner representing Farr Develo ment stated that the developer felt comfortable with what the city was proposi g. There was additional discussion as to whether the proposed booster station woul take care of the needs in the system or if there would be any other problem areas in e system that would need to be addressed. A MOTION WAS MADE BY BRIAN ST MPF AND SECONDED BY BRUCE THIELEN TO APPROVE THE FINAL PL T, DEVELOPMENT AGREEMENT WHICH INCLUDES THE SERVICE DIS RICT AND A RESOLUTION SUPPORTING ANNEXATION OF PHAS I AND TO AUTHORIZE PREPARATION OF A FEASIBILITY REPORT AND PLA S AND SPECIFICATIONS FOR A BOOSTER STATION. Motion carried un imously. 8. Consideration of establishin a referendum uestion on November 1998 eneral election for allowin issuance of additional on-sale icenses. Recommendation: The question of additio al on-sale licenses be placed as a referendum question on the November 1998 general ele tion. City Administrator Rick Wolfsteller presen ed the staff report and informed the council that there are currently six on-sale licenses. When the City's population exceeds 10,000 the City is eligible for another six licenses. Until that time the only other method for increasing the number of licenses would be by referendum. The council discussed whether to put the question on the ballot re uesting a set number of additional licenses. Clint Herbst stated he preferred specifying set number of licenses and did not like to leave it open ended. Rod Dragsten and Rit Ulrich representing the Monticello Community felt that the additional liquor Ii enses would be helpful as a development tool. The council discussed how many lie nses they felt should be added. A MOTION WAS MADE BY BRIAN ST MPF AND SECONDED BY CLINT HERBST TO ADOPT QUESTION #2 FO PLACEMENT ON THE BALLOT WITH SIX ADDITIONAL LICENSES IN EXCE S OF THE SIX LICENSES THE CITY CURRENTL Y HAS FOR A TOTAL TWE VE LICENSES. Motion carried unanimously. 9. Consideration of discussin im rov ments and ex ansion conce ts. Although this item had been withdrawn fro the agenda, the council discussed it briefly. It was suggested that before the City sells t e present city hall building, the City needs to find out how much work needs to be done n the library. It may be that the present city hall site would be suitable for the library. he council also asked whether the current library site has adequate room for expansio . City staff responded that the item had been pulled from the agenda so that the staff cou d get a fully detailed report on what is needed to be done with the library building. Brian Stumpf asked how much money was allocated for the repairs. City Administrator Rick W lfsteller informed them that nothing outside the normal budget amounts had been alloca ed. Q) . . . 12. 10. Consideration of an ordinance amendmen establishin a four ear term for Ma or. The council discussed the amendment est blishing a four year term for Mayor. It was felt that changing to a four year term would p ovide for some continuity in that position. Some members of the council expressed c ncern that making it a four year term might discourage people from running for the p sition. It was also questioned whether two years is adequate time for a new person to become established in and acclimated to the position. Bill Fair stated that if the counc'l was to consider this amendment he would like to see it effective with 1/1/2000 election. A MOTION WAS MADE BY BRUCE T ElLEN AND SECONDED BY BRIAN STUMPF TO ADOPT THE ORDINANC AMENDMENT CREATING A FOUR YEAR TERM FOR MAYOR EFFECTIV JANUARY 1,2000. Motion carried with Clint Herbst voting in opposition. 11. Consideration of an ordinance amendment ado City Administrator Rick Wolfsteller info ed the Mayor and Council that if adjustments are to be made in the compensation for M yor and Council it must be done by ordinance amendment or resolution prior to any mun cipal election. He noted that the last change in compensation had been set four years ago. Information from area communities on the compensation they paid was also submitte with the staff report. Clint Herbst stated that they were in line with what other commun ties paid and he did not feel that an adjustment was necessary. Brian Stumpf indicated th t while he did not think the position was overcompensated, he did feel that people ho filed for office saw it as a service for their community. A MOTION WAS MADE BY CLINT HE ST AND SECONDED BY BRIAN STUMPF TO NOT TAKE ANY ACTION ON THE COMPENSATION FOR MA YOR AND COUNCIL. Motion carried unanim usly. Bruce Thielen suggested that when the sta begins their budget deliberations they consider adjustments in the compensation r the Planning Commission. Consideration of a stud and modification f fees and char es for develo ment in the City of Monticello. Fred Patch explained the study that the Cit had conducted on building fees, subdivision fees and utility fees. Northwest Associated Consultants did a study on the park dedication fees. Clint Herbst asked if the c'ty received complaints about the amount of fees charged. Fred Patch responded that co plaints usually resulted when fee increases were given on short notice. He also noted t at another problem was with how trunk fees were handled. Trunk fees are normally pai up front with the building permit but the ordinance states the fees can be assessed. e council discussed whether the developers should have the option of the trunk charges eing assessed or collected up front. The ~ . . . staff felt that option should not be with th developer to decide in which manner to pay the trunk charges but rather that the City as the option to offer the developer a choice in payment methods. Brian Stumpf asked if there were any legal implications if the city selects who gets assessed and who pays t e charges up front. The council also discussed whether park dedication fees should appl to commercial/industrial property and whether easements for walkways can be obtained hen commercial/industrial property develops. A MOTION WAS MADE BY BRUCE T JELEN AND SECONDED BY BRIAN STUMPF TO CHANGE FEES AND CH RGES AS FOLLOWS: I. ADOPT THE 1994 UNIFORM BUlL ING CODE FEE SCHEDULE. 2. ESTABLISH A PARK DEDICATION FUND AND SET PARK DEDICATION FEE ON RESIDENTIAL DEVELOPMEN AT $750/LOT AND MAKE PARK DEDICATION FEES APPLICABLE ON Y TO RESIDENTIAL DEVELOPMENT WITH AN EFFECTIVE DATE OF JA UARY 1,1999. 3. INCREASE THE UTILITY CONNEC ION PERMIT TO $50 FOR SEWER CONNECTION, $50 FOR WATER CO ECTION AND $80 FOR COMBINATION SEWER AND WATER CONNECTIO Motion carried unanimously. 13. Consideration of bills for the first half of ust 1998 A MOTION WAS MADE BY CLINT HE BST AND SECONDED BY BRIAN STUMPF TO PAY THE BILLS FOR THE FIRST HALF OF AUGUST, 1998 AS PRESENTED. Motion carried unanimous y. 14. Adiournment Bill Fair noted that an update on the comm nity center was included in the council packet and the staff informed the council that Burl ngton Northern granted approval to remove the spur and that the City closed on the Gri smo property. A MOTION WAS MADE BY BRUCE TH ELEN AND SECONDED BY CLINT HERBST TO ADJOURN. Motion carried nanimously Dawn Grossinger Building Inspections Clerk ----- SA. Council Agenda - 8/24/98 ,-. ,.-... A. REFERENCE AND BACKGRO The first hearing for the condemna ion was held before Judge Bruce Douglas on August 14. No one appeared in op osition and Judge Douglas orally approved the petition, including a possessio date in Early October. The City Attorney subsequently discovered that 3 of e parties had been served with the condemnation petition and motion nly 17 days prior to the hearing. The law required 20 days notice. As a resul it was decided to continue the hearing until September 18. If no one appears i opposition the court will consider the motion on the evidence already present. I that event, the likely outcome will be approval of the petition and possession in 0 tober. We anticipate there will be no opp sition. The first hearing deals only with a decision as to whether or not there s a public purpose, appointment of commissioners, and approval of qu ck-take. The issue of damages will be addressed at a later hearing. So far no one has objected to the taking and there has only been discussion of value and ages. Failure to object at the first hearing does not affect a parties right to p icipate in the damages portion of the action. Our attorney has notified all interes ed parties of these facts. The original resolution supporting t e condemnation did not include Locust or Linn Street right-of-ways because a that time it was thought that these street segments were not vacated. Later i was found that they were vacated and under ownership by Burlington Northern d therefore they should have been included in the original legal description. Th amended resolution simply adds the right- of-way areas to the legal descriptio The right-of-way areas were added the order signed by the judge who accepted the vacated areas within the bound of the total area to be vacated. The action requested simply cleans up the reco d. On a side note, negotiations continu with Burlington Northern on land acquisition apart from the condemn tion action. Under any circumstance, the city will have the land by October 8, 1998. 2 . Council Agenda - 8/24/98 B. AL TERNA TIVE ACTIONS: 1. Motion to amend resolution adopte on 5/26/98 authorizing eminent domain by adding Linn and Locust Street right of-way areas. 2. Motion to deny resolution adopted n 5/26/98 authorizing eminent domain by adding Linn and Locust Street right of-way areas. C. STAFF RECOMMENDATIONS: The City Administrator recommends altern tive #1. D. SUPPORTING DATA: Amended resolution . . 3 . . . CITY OF M NTICELLO MINNE, OTA A meeting of the City Council of the City of Monticello, Minnesota, was called to order by at p.m. in the Co~nc 1 Chambers of the City Hall, Montic@llo, Minnesota on , 1998. The following Council members present: , the following Council members were absent; A motion to adopt the following r solution was made by and seconded by ***********.*.******************* **.**************************** RBSOLUTION 98- ANBNDINQ RilSOLU'T ON NO. 98- WHilREAS, the City of Montie Council, passed Resolution 98 -22 au real property by. eminent domain community center; and WHEREAS, it appears there description of the property intend 110, by ana through its City horiaing acquisition of certain or the pUrpose of building a error in the legal condemned; and WHEREAS, the City Council ot t e City of Monticello wishes to correct that error; NOW, THEREFORB, it is hereby 1. The legal description att ched to Resolution No. 98-22 is hereby amended to include vacated portions of Linn Street and Locust Street adjacent to the prop rty described in Exhibit A to Resolution 98-22. 2. This ~mendment shall rela e back to the 26th day of May, 1998 and be effective as of that date. 3. The actions of the Cit attorney and City st.aff to ~cquire the vacated streets describe above are hereby ratified ~nd ~pproved. 5f\- \ . The following Council vot!ld in members favor: the following Counc11 members vot d against: the following Council members abs ained: Whereupon the motion was declared duly pas8ed and executed. Adopted this ____ day of , 1998 Mayor City Administrator . . -;2- 5R" ?- . Resolution 98 Page 3 EXHIBIT A Lots 6, 7, 8,9 and 10, Block 11, MONTICELLO, Wright County, Minnesota. Lots 6, 7,8,9 and 10, Block 12, MONTICELLO, Wright County, Minnesota. Lots 6, 7, 8, 9 and 10, Block 13, MONTICELLO, right County, Minnesota. Lots 1,2,3,4 and 5, Block 13, MONTICELLO, right County, Minnesota. Vacated Locust and Linn Street right of way betw en 5th Street and 5-1/2 Street. ~ Vacated portions at Linn Street and Locust Street etween 5th Street and 5-1/2 Street. 97408,96493 . . ....J &~~ . . . 5B. distribution to the Environmental (J.O) A. REFERENCE AND BACKGRO Council Agenda - 8/24/98 As you recall, some time ago, the City Co ncil granted concept approval of the Golden Nugget Planned Unit Development. The evelopment consists of220 acres south of the Kjellberg East Trailer Park. The Council i now asked to review the Environmental Assessment worksheet which identifies v ious impacts of the development on the environment. Once authorized by the Co cil, this document will be distributed to various public agencies and will be availa Ie, for a period of time, for public review and comment. After expiration of the comme period, the City Engineer will respond and submit the information to the Council. Th Council will then consider making a "Negative Declaration of Impact". If a ne ative declaration is made, the parcel can be platted. Iif a negative declaration is not m de, an Environmental Impact Statement will need to be prepared. The Environmental Assessment Workshee was prepared by the City Engineer with funding provided by the developer. B. AL TERNA TIVE ACTIONS: 1. Motion to accept EA W and authori e distribution. 2. Motion to deny acceptance of EA and deny authorization to distribute. C. STAFF RECOMMENDATIONS: The City Administrator recommends Alte D: SUPPORTING DATA: Copy of EA W 4 Environmental Assessm nt Worksheet (EAW) mment period following notice of the EAW in the EQB Monitor. mment should address the accuracy and completeness of the the need for an EIS. If the EAW has been prepared for the and completeness of the information and suggest issues for .E TO PREPARERS worksheet is to be completed by the Responsible Governmental U it (RGU) or its agents. The project proposer must supply any reasonably accessible data necessary for the worksheet, but is not to co plete the final worksheet itself. If a complete answer does not fit in the space allotted. attach additional sheets as necessary. For assistance with this worksheet contact the Minnesota Environmental uality Board (EQB) at (612) 296-8253 or (toll-free) 1.800.652- 9747 (ask operator for the EQB environmental review program) or consu t "EAW Guidelines", a booklet available from the EQB. NOTE TO REVIEWERS Comments must be submitted to the RGU (see item 3) during the 30-day (Contact the RGU or the EQB to learn when the comment period ends.) information, potential impacts that may warrant further investigation, an scoping of an EIS (see item 4), comments should address the accurac Investigation in the EIS. 1. Project Title Golden Nugget Development 2. Proposer Contact person Address Phone Golden Nugget Development Inc. Horst Graser 8857 Zealand Avenue North Brooklyn Park, MN 55445 (612) 424-4955 3. RGU Con ct person . and tie Addr ss The City of Monticello Peter R. Willenbring Vice President 1 WSB & Associates, Inc. 8441 Wayzata Blvd, 8te. 350 Minneapolis, MN 55426 (612) 541-4800 4. Reason for EAW Preparation o EIS scoping . mandatory EAW 0 citizen petition 0 RGU discretion 0 Proposer volunteered If EAW or EIS is mandatory give EQB rule category number(s) 44 0.4300, sub.paragraph 190- residential development .proJect Location NW 1/4 Section 23 Township 121 Range 5W NE 1/4 Section 22 County: Wright CitylTwp: Monticello Attach copies of each of the following to the EA W: a. a county map showing the general location of the project; (Figu e 1) b. copy(ies) of USGS 7.5 minute, 1 :24,000 scale map (photocopy s OK) indicating the project boundaries; (Figure 2) c. A site plan showing all significant project and natural features. ( Igures 3 and 4) 6. Description Give a complete description of the proposed project nd .ancillary facilities (attach additional sheets as necessary). Emphasize construction and operation methods and features that ill cause physical manipulation of the environment or produce wastes. Indicate the timing and duration of construction activities. The project proposes a full scale development in the year 2009, Incl ding: 339 single detached units, 238 townhomes. 22 acres city park, and 5 acres of commercial development. The first phase of th project will include 55 single family detached units in the year 2000. The site is generally bounded by State Trunk Highway 25 on the west, 511I Street Northeast (CR 1 06) on the south. Edmonson Avenue Northeast on the east (CR 117). and the north line of Section 22 an 23 on the north. Access to the parcel is proposed to be secured from the fatal acces point on State Trunk Highway 25 on the west, three points of ingress and egress from 8511I Street Northeast on the south, and two points of access to Edmonson Avenue Northeast on the east. The Developer intends to save the improvements and creating of the lots to allow for significant areas of this development to remain undisturbed until the inventory for lots dictates additional expanslo of the development. It is anticipated that full build out of this . development will take a number of years, estimated 2009, with the ti ing and duration of the construction activities dependant on the need for additional lot inventory. The extent to which sanitary sewer, water main, storm sewer, and s ets are installed will also be dependant on the need to provide adequate ingress and egress for safety vehicles and to ride public u i1ities pending new lead developing areas. Page 1 of 8 en .:> I~- \ ....'.' 7. Project Magnitude Data Total Project Area (acres) Number of Residential Units Unattached 220 Acres 577 339 Attached 238 Commercial/Industrial/Institutional Building Area (gross floor space) Total Acres; Indicate area of specific uses: Office Manufacturing N/A Retail N/A Warehouse N/A Light Industrial N/A Other Commercial (specify) Building Height(s) ? 5,400 Square Feet '. Retail 5,400 Square Feet Other Industrial Institutional Agricultural N/A N/A N/A N/A 8. Permits and Approvals Required List all known local, state, and federal permits, approvals, and funding required: Unit of Government Type of application Status State NPDES Permit To be obtained State Change of use access and access permit To be obtained City of Monticello Annexation To be obtained City of Monticello Building Permit To be obtained City of Monticello Preliminary and Final Plat Approval To be obtained MPCA Permit Fee Sewer Extension To be obtained MPDEF General Storm Water Permit To be obtained MN Dept of Health Water Extension System To be obtained 9. Land Use Describe current and recent past land use and development on the site and on adjacent lands. Discuss the compatibility. of the project with adjacent and nearby land uses; indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazard due to past land uses, such as soil contamination or abandoned storage tanks. In the past, this 220 acre parcel has been actively farmed. The proposed development on the site will convert this agricultural activity to primarily single family and multi-family residential development. In the past, adjacent lands to the west, south and east have also been farmed with the land immediately to the north being utilized for a mobile home park. The City of Monticello's Comprehensive Plan anticipates adjacent and near-by land uses to be commercial to the north and west and mid-density residential to the west. It also anticipated the proposed area to be developed for low density residential land use. As a result, it is not anticipated that any potential conflicts with adjacent land uses will occur as a result of this development. Research into potential environmental hazards due to past land use indicates that no soil contamination or abandoned storage tanks are present on the site. (See Figures 6 and 7 In the Appendix for future land uses and zoning.) 10. Cover Types Estimate the acreage of the site with each of the following cover typ~s before and after development (before and after totals should be equal): Before After Before After Types 2 to 8 Wetlands 0 Urban/Suburban Lawn 0 172.2 Wooded/Forest 0 Landscaping Brush/Grassland 0 Impervious Surface 0 47.8 Cropland 220 0 Other (describe) N/A N/A Total 220 0 Total 0 220 . 11. Fish, Wildlife, and Ecologically Sensitive Resources a. Describe fish and wildlife resources on .or near the site and discuss how they would be affected by the project. Describe any measures to be taken to minimize or avoid adverse impacts. There are no rivers, lakes, wetlands, or woods on the project site. The area is currently being farmed. As a result, it is not anticipated there will be any adverse effects on fish and Impacts t,o wildlife will be limited to those species that utilize farm land for food and cover. Page 2 of 8 sr,-d-. " there will be any adverse effects on fish and impacts to wildlife will be limited to those species that utilize farm land for food and cover. The proposed development has Identified approximately 22 acres be set aside for park dedication and other open areas will be reserved for open space and storm water management purposes. T ase areas will provide habitat for the various species of fish and wildlife. habitat which may be more suitable for some species than c rrentlyexisttoday. It is anticipated that some species of wildlife may be impacted due to the lack of cover that would be lost as a ra ult of the residential development activity. . b. Are there any state.listed endangered, threatened. or speciako cern species; rare plant communities; colonial waterbird nesting colonies; native prairie or other rare habitat; or other sensitive cological resources on or near the site? Cl Yea . No If yes, describe the resource and how it would be affected by the roject. Indicate if a site survey ofthe resources was conducted. Describe measures to be taken to minimize or avoid adverse i pacts. 12. PhY$ieallmpacts on Water Resources Will the proJed Involv the physical or hydrologic alteration (dredging, filling, stream diversion, outfall structure, diking, impoundment) of any surface wa (lake, pond, wetland, stream, drainage dlteh)? LI Yu .M No If yes, identify the water resource to be affected and describe: the a ration. including the com;itruction process; volumes of dredged or fill material; area affected; length of stream diversion; water 6UrfaC area affected; timing and extent of fluctuations in water surface elevations; spoils disposal sites; and proposed mitigation measu to minimize impacts. 13. Water Use 1. Will the project Involve the installation of abandonment of any ells? 0 Ves . No For abandoned wells give the location and Unique well numbe For new wells, or other previously unpermitted wells, give the location and purpose of the well and the Unique well number 0 known). 2. Will the project require an appropriation of ground or surface tar (inclUding dewatering)? 0 Ves . No If yes, indicate the source, quantity. duration, purpose of the ap ropriation, and DNR water appropriation permit number of any existing appropriation. Discuss the impact of the appropriation on ground water levels. 3. Will the project require connection to a public water supply? Ves 0 No If yes, identify the supply, the DNR water appropriation permit umber of the supply, and the quantity to be used. Water will be supplied by the City of Monticello. It Is antlclpat that the propcsed residential full scale development will use 173,000 gallons of water per day and the commercial develop ent will use 5,000 to 15,000 gallons of water per day depending on the type of retail development The DNR Waiar Approp 'ations Permit Number for the City of Monticello is Improvemerns will need to be made In the form of a 5111 well in rder to adequately serve the prtlpoSed development . WateNGlated Land Use Management Districts Ooes any part of the project site Involve a shoreland zoning district. a delineated 1 OO.y~ar flood plain, or a state or federally deilgnated wild or seen river land use district? [J V.. . No If yes. identify the district and discu.. th, compatibility of the proJ with the land u.e rlltrictlons of the district. 15. Water Surface Use Will the project change the number or type of atereraft on any water body? 0 Ves . No If yes, indicate the current 'and projected watercraft usage and any potential overcroWding or conflIcts with other users or fish and wildlife resources. 18. SoU$ Approximate depth (in feet) to: Ground water: minimum 6.6' below orade average....1L Bed k: minimum average Describe the soils on the site, giving SCS classifications, if known. SCS Interpretations and soil boring logs need JJSU be attached.) Soils on the site include the following: EsA: Eta: EtB2: EtC2: Key/A; WaA:. Esterville loam: 0 0 to 2% slopes Esterville sandy' am: 2% to 6% slope& Estervllle sandy am: 2% to 6% slopes, moderately eroded Estervllle sandy am: 6% to 12% slopes, moderately eroded Terrill loam: Wadena loam: 17. ErO$lon and Sedimentation Give the acreage to be graded or e vated and the cubic yards of soil to be moved: acres 220 ; cubic yards 300.000laooroximatel Describe any steep slopes or highly erodible salls and identify the on the site map. Describe the erosion and sedimentation mea&ures to be used durin and after construction of the project. The site is relatively nat, with' a shallow depression conversing wi the site approXimately equal distance from the west and east property boundaries. Water based erosion should not be a critical ncem; however, due to the sandy nature of the soils on the site, . wind erosion will be a primary concern. erosion and sedimentation measures to be used during and after the nstnJction of the project will consist of the utillzatlon of the Best Management Practices as required by the MPCA to secure a NPD 5 construction site permit It is also noted that the area will be developed in phases which wlllllmit the amount of exposed soil to II It water and wind based erosion. Page 3 of S~-3 .. __U 18. Water Quality. Surface Water Runoff 1. Compare the quantity and quality of site nmoft befOre and after the project. Describe methods to be used to manage and/or treat runoff. This project is within the State Trunk Highway 25 watershed as deser1bed In the City of Montlcello's Stonn Water Management. Plan for this area. Based on this plan, the stonn water discharge rate from the area must be limited to a peak-discharge rate of approximately 2.5 cfs. In oreler to accommodate storm water runoff during a 10o.year return frequency storm. it has been preliminarily by established that approximately 100 acre feet of stonn water storage will be required to be developed on site as part of this development In addition, treatment for storm water runoff will need to be provided to the Nationwide Urban Runoff Program standards which require dead-water storage to be developed to aeeommodate the total volume of runoff generated from a 2.5-inch rainfall event The incorporation of these Nationwide Urban Runoff Program standards for quality and the development of approximately 100 acre feet of live storage for quantity management will allow the peak-<lischarge rate from this area to be limited to less than that of the site in its undeveloped condition. 2. Identify the route(s) and receiving water bodies for runoff from the site. Estimate the impact of the runoff on the quality of the receiving waters. (lfrhe (Ufl(Jff may affecl a lake conau/t "EAW Guldflllne," about wheltrer. nutrient oudget ,nalysls is "eeded.) Storm water Nnoff from thili area will be canied west to the State Trunk Highway 25 drainage system which will then carry the water norther1y to the Minnuota River (the CIty of Monticello has anticipated the construction of a lift station to carry water from these areas under 1-94 and into an existing stonn sewer system that will carry to the Minnesota River). The quality of water discharged from this area, after being routed through the retention and treatment ponds on site as well as ponds downstream from this site will allow for removal of over 95% of the total suspended solids and in exce&& of 60% of the total phosphorus generated from the site. 19. Water Quality - Wastawat8/'$ a. Describe sources, quantities. and composition (except for normal domestic sewage) of all sanitary and industrial wastewaters produced or treated at the site. Normal domestic sewage. b. Desctibe any wastG treatment methods to be usecl and give estImatea of composition after treatment. or if the project involves on-site sewage systems. discuss the suitability of the sIte condltlona for such systems. Identlfy receiving waterlJ (Including ground water) and estimate the Impact of the discharge on the quality of the receiving waters. (If /he dIWt''9~ may ,ffoel a lake C<<I:Jull "EA W. Guidelines. abcut whslhlJl a nlllrie,,1 budgel .nd MIa/yI/s if neetiMJ.) The composition of discharge waste water is below regulated levels; therefore. on site waste water treatment facilities are not necessary. c. If wastes will be discharged into a sewer system or pretreatment system. identify the system and discuss the ability of the system to accept Ule volume and composition of the wastes. Identify any improvements which will be necessary. Waste will be discharged into the municipal sanitary sewer system with treatment provided at the Monticello Waste Water Treatment Plant Improvements will need to be made to the sanitary S8WertnJnk lines In order to accommodate this development (See Figure 8 located in the Appendix.) 20. Ground Water.. Potential for Contamination iiI. Approximate depth (in feet) to ground water.: ..!L minimum; ..JZ:... average. b. Describe any of the following site hazards to ground water and also Identify them on the site map: sinkholes; shallow limestone formations/karst conditions; salls with high infiltration rates; abandoned or unused wells. Describe measures to avoid or minimize environmental problems due to any of these hazards. N/A c. Identify any toxic or hazardous materials to be used or present on the project site and identify measures to be used to prevent them from contaminating ground water. N/A 21. Solid Waste8; Hazardous Wastes; Storage Tanks a. Describe the types. amounts. and compositions of solid or hazardous wastes to be generated. including animal manures, Sludg~ . and ashes. Identify the method and locatlon of dispo$al. For projects generating municipal solid waste Indicate if there will be a source separation plan: list type{s) and how the project will be modified to allow recycling. A four-separation plan Is not required for this proposal. TIle only waste generated from U1is project IS generated by residential and eight commercial users. . P..... .t ft' I s cs- '-\ - --~-- b. Indicate the number, location. size, and use of any above or b low ground tanks to be used for storage of petroleum products or other materials (except water). Not applicable errafflc Parking spaces added ~ Existing spaces (if project inv Ives expansion) N/A Estimated total Average Daily Traffic (ADT) generated 7,940 Estimated maximum peak hour traffic gene ted (if known) and its timing:~, P.M. Peak. For each affected road indicate the ADT and the directional distribution of traffic wi h and without the project. Provide an estimate of the impact on traffic congestion on the affected roads and describe any traffic Improve ents which will be necessary. Peak Hour 4:00.5:00 raffle Generation First Stage of Development: Year 2000 Single Family Detached Housing: 55 units 525 56 Full Scale Development: Year 2009 SinQle Family Detached HousinQ: Proposed 339 units 346 Townhomes: Proposed 238 units 129 City Park: Proposed 22.0 acres 123 Gas Service Station with Convenience Market: Proposed 2.5 acres 19 163 _laity Retail Center: osed 2.5 acres 1017 123 Total Full Development: 7653 812 The estimated trip generation is based on information found in the 511l ed' on of the Instititute ofTransportation Engineers Trip Generation Manual. Figure 5 in the Appendix illustrates the existing and proposed full scale de elopment Average Daily Traffic (ADT) volumes on the impacted roadways as well as the estimated traffic distribution from the proposed d velopmenl The first stage of development was analyzed in the year 2000 and full scale development in the year 2009. The primary impacted roadways adjacent to the site area are Trunk High ay (TH) 25 on the west, County Road (CR) 117 to the east, and County Road 106 (8511\ Street NE) to the south of the proposed developm nt. One direct access is proposed from TH 25 for the residential development and one for the commercial development, two direct acee ses from CR 117 and three direct accesses from CR 106. A change of use access permit for the direct residential TH 25 access will n ed to be applied for from MnlDOT along with an access request permit for the commercial development. Wright County access permits eed to be applied for the CR 106 and CR 117 accesses. Level of Service (LOS) analyses were run on each of the proposed acce es. The critical areas that would indicate operational problems due to the traffic generated from the proposed development are the direct ccesses to TH 25 If granted by Mn/DOT. The proposed primary access to the residential site Is from TH 25, which is a two-lane roadway (one lane in each direction). Trunk Highway 25 has scheduled improvements in the year 1999 to improve the segment from the north sid of the proposed development to 1-94 from a two-lane to a four- lane section. The taper to bring TH 25 from a two lane to a four lane se 'on is planned to begin just south of the proposed TH 25 direct residential access. An access in a taper would cause driver confusion an crashes. The developer will need to coordinate with Mn/DOT to either extend the four lane section past the site access or eliminate the ccess. Another concem Is the commercial access located just north of County Road 106 at TH 25. The Intersection of TH 25 and CR 10 has a high crash rate and an access near the intersection along with higher traffic volumes will only increase the crash rates. The Intersec on will need to be improved and the possibility of extending TH ~to a four lane section south of CR 106 discussed with Mn/DOT. . regional impacts would be at the Intersection of TH 25 and Intersta e 94. The current Interchange experiences delays, especially during the P.M. peak hour; however, the Interchange has scheduled i provements in the years 1999 and 2000. These scheduled improvements are anticipated to accommodate the projected traffic volu es generated from the proposed development. Based on this data, the proposed site traffic now and in the Mure, will ha e an Impact on the existing roadway systems. Coordination is necessary between the developer, Mn/DOT, Wright Cou,nty and the City f Monticello to resolve the aforementioned issues. Page 5 of SB-S u 23. Vehicle-related air emissions Provide an estimate of the effect of the project's traffic generation on air quality, Including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. (If the project involves 500 or more parlcing spaces, consult .EA W Guidelines. about whether a detailed air quality anelysis Is needed.) The proposed project will involve the development of 339 single family housing units, 238 townhomes, 22 acres of City park, and 5.C . acres of retail. One hundred eighty (180) parking spaces will be added with the proposed site. An Indirect Source Permit (ISP) is not required for this project because there are less than 2,000 proposed new parking spaces. However, a carbon monoxide analysis was prepared to document compliance with applicable ambient air quality standards. To screen the project for potential air quality conformance problems, the Mn/DOT simplified analysis procedure was utilized. Two receptor locations were utilized for the analysis. The background carbon monoxide levels used for this analysis were non-rural one- hour and eight-hour levels indicated in the MnlDOT guidelines which are 2.5 PPM and 1.5 PPM respectively. The results of the analysis indicate that the roadways adjacent to the proposed development will be within the current MPCA gUideline of 30 PPM for a maximum one hour reading and 9 PPM for an average eight hour reading. Table 1,Iocated in the Appendix, illustrates the results of the analysis for the proposed project years. 24. Stationary source air emissions Will the project involve any stationary sources of air emissions (such as boilers or exhaust stacks)? DYes . No If yes, describe the sources, quantities, and composition of the emissions; the proposed air pollution control devices; the quantities and composition of the emissions after treatment; and the effects on air quality. 25. Will the project generate dust, odors, or noise during construction and/or operation? . Yes 0 No If yes, describe the SQurces, characteristics, duration, and quantities or intensity, and any proposed measures to mitigate adverse impacts. Also identify the locations of sensitive receptors in the vicinity and estimate the impacts on these receptors. Dust During construction, particulate emissions will temporarily increase due to the generation of fugitive dust. The following dust control measures will be undertaken as necessary: 1. Minimize the period and extent of an area being exposed or regarded at anyone time. 2. Spraying construction areas and haul roads with water, especially during periods of high wind or high levels of construction activity. 3. Minimize the use of vehicles on unpaved surfaces. 4. Covering or spraying material piles and truck loads. Odors The construction and/or operation of this roadway are not anticipated to involve any processes or materials that would generate any odors. . Noise The noise standards applicable to the proposed development are those developed by the State of Minnesota in its noise pollution control regulations. The following table outlines those noise standards by land use type. Noise Level Standards - Minnesota Pollution Control Aaencv (1) General Land Use Types Daytime Noise Level Nighttime Noise Level (10:00 P.M. to 7:00 A.M.) Category NAC.1 Residential and L10 of 65 dBA L 10 of 55 dBA Institutional L50 of 60 dBA L50 of 50 dBA NAC.2 Commercial and L1 0 of70 dBA L10 of 70 dBA Recreational L50 of 65 dBA L50 of 65 dBA NAC.3 Industrial L 10 of 80 dBA L 10 of 80 dBA L50 of 75 dBA L50 of 75 dBA (1) MPCA- 2 Noise Standards; Minn. Rule 7010.0400 . Existing (1998) and projected (2009) noise levels were determined for two receptors adjacent to TH 25. The Federal Highway Administration (FHWA) Level Two Highway Traffic Noise Prediction model, Stamina 2.0 was used for this analysis. The traffic noise model on which this computer model was based on was developed by the Federal Highway Administration and Is documented In a report entitled FHWA Traffic Noise Prediction Model (FHWA-RD.77-108). Page 6 of 8 Sf1-lo .. " The model uses: 1. The volume and type of vehicles on the roadway; 2. Vehicle running speeds; ~? The physical characteristics of the roadway (e.g. horizontal and ve cal alignment); and ny physical features between the roadway and the receptor that ay mitigate noise, such as buildings or noise walls. Output is issued in the form of L 10 and L50 values. Two receptors were used in this analysis: Receptor NO.1 - Mobile home park north of proposed development, Ea t of TH 25 Receptor No.2 - Existing farmstead, West of TH 25 The noise level analysis for each receptor indicated that the levels will ncrease with the development from what they are today. The existing (1998) results indicate nighttime noise levels in exceedence of PCA standards at receptor No.1. The projected 2009 full scale build results show an increase of'1.5 decibels from the 2009 no build res Its. Table 2, located In the Appendix illustrates the results of the existing, predicted and projected noise levels. Abatement measures, by the use of noise barriers, have been considere for this project and have been determined infeasible because of the proposed access along the corridor and the difference between e isting levels and projected levels. Noise level Increases of less than 1 dBA are considered negligible when compared with existing and ure predicted levels. Noise level increases of 3 dBA or less are considered imperceptible to the human ear. Access openings in the ba er severely reduce the noise reduction provided by the barrier. This makes it economically unreasonable to construct a barrier for a sm II noise reduction. Safety at access openings due to restricted sight distances is also a con em. The required minimum sight distance at the intersection of the Kjellberg mobile home park with TH 25 is 125 meters (410 ft) to c ss the highway and 225 meters (738 ft) for right or left turning vehicles. The mobile home park extends approximately 175 m (575 north and south of the. entrance. This makes it infeasible to construct a noise wall to lower noise levels at the mobile home park. If sight distance requirements are ignored, construction of a 5.5 m (18 ft wall would be required to decrease the noise level by five dBA. Because of the grades of the proposed area, a 3.6 m (12 ft) wall would e the maximum build height. This 3.6 m (12 ft) wall will result in a 4.5 dBA decrease in noise levels. The cost of the aforementioned wall ranges from $240,000-345,000, and have a cost effectiveness of 270 and 343 respectively. etement measures have been considered for this project and have bee determined infeasible according to the tore-mentioned reasons. 26. Are any of the following resources on or in proximity to the site: a. archeological, historical, or architectural resources? 0 Yes No b. prime or unique farmlands? 0 Yes . No c. designated parks, recreation areas, or trails? d. scenic views and vistas? 0 Yes . No e. other unique resources? 0 Yes _ No If any items are answered Yes, describe the resource and iden fy any impacts on the resource due to the project. Describe any measures to be taken to minimize or avoid adverse impacts. 27. Will the project create adverse visual impacts? (Examples Include: glare from Intense lights; lights visible In wilderness areas; and large visible plumes from coo/lng towers or exhaust stacks.) 0 Yes . No If yes, explain. 28. Compatibility with plans Is the project subject to an adopted loea comprehensive land use plan or any other applicable land use, water, or resource management plan of a local, regional, state, or 1 deral agency? . Yes 0 No If yes, identify the applicable plan(s), discuss the compatibility of th project with the provisions of the plan(s), and explain how any conflicts between the project and the plan(s) will be resolved. If no, explain. Yes, the future land use plan, identified in the Comprehensive Sa itary Storm Sewer Plan for the City of Monticello identified the proposed site area as low-density residential. 29. Impact on Infrastructure and Public Service Will new orexpande utilities, roads, other infrastructure, or public services be required to serve the project? . Yes 0 No If yes, describe the new or additional infrastructure / set vices need d. (Any Infrastructure that Is a "connected acUon" with respect to the project must be assessed In this EA W; see "EA W Guidelines' for details.) . Storm sewer, water main, sanitary sewer and electrical utilities will eed to be constructed to connect this site to trunk services which have been designed to adequately serve the proposed developm nt. The site access (es) to TH 25, if approved by Mn/DOT, will require improvements to TH 25 and the TH 25/CR 106 intersectio 30. Related Developments; Cumulative Impacts a. Are future stages of this development planned or likely? 0 Yes . No If yes, briefly describe future stages, their timing, and plans fo environmental review. Page 7 of 8 S \~- l .'11 b. Is this project a subsequent stage of an earlier project? 0 Yes . No If yes, briefly describe the past development, its timing, and any past environmental review. c. Is other development anticipated on adjacent lands or outlots? 0 Yes . No If yes, briefly describe the development and its relationship to the present project. d. If a, b, or c were marked 'Yes, discuss any cumulative environmental impacts resulting from this project and the other. development. 31. Other potential Environmental Impacts If the project may cause any adverse environmental impacts which were not addressed by items 1 to 28, identify and discuss them here, along with any proposed mitigation. No additional adverse environmental Impacts were Identified. 32. Summary of Issues (This section need not be completed" the EAW is being done for E/S scoplng; Instead. address televant issues in tile draft Scoplng Deci$ion document which must accompany tile EAW.) List any impacts and Issues identified above that may require further Investigation before the project is commenced. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as penn it conditions. The environmental Impacts recog nized in this EA W for the construction and life of the proposed development In Monticello, Minnesota are as follows: Stonn water runoff volumes will increase Increased water use and waste water discharge within the City of Monticello As aforementioned, if MnlDOT grants the access permits to TH 25, coordination between the developer and Mn/DOT will be necessary to make the necessary improvements to TH 25 and the TH 25/CR 106 intersection. CERTIFICATIONS BY THE RGU (all 3 certifications must be signed for EQB acceptance of the EA W for publication of notice in the EQB Monitor) A. I hereby certify that the InfonnatIon contained in this document is accurate and complete to the best of my knowledge. ~~ . B. I hereby certify that the project described in this EAW is the complete project and there are no ottier projects, project stages, or project components. other than those described in this document, which are related to the project as .connected actions. or .phased actions,. as defined, respectively, at Minn. Rules, pts. 4410.0200, subp. 9b and subp. 60. Signature C. I hereby certify that copies of the completed EAW are being sent to all points on the official EQB EAW distribution list. Signature Title of signer Date . Page 8 of 8 S8- r .. .. . FIGURE 1 FIGURE 2 FIGURE 3 FIGURE 4 FIGURE 5 FIGURE 6 FIGURE 7 FIGURE 8 TABLEl TABLE 2 . . APPENDI SB-~ \ . --"- ...... :@> l!I :-+: l:: 1 I -r...ff'-r "'I....-.-r <=1 r.a.:.~ . WSB Gold Nugget Development WS8 Project No. 1089.10 Cly Project No. 266 3SO 'Nectwood L.aka otllc:e 8<< 1 WaynJta Boukwatd Minneapolis, MN 55426 County Location Map Figure 1 e12.641-41OO "~J"", fAX 641-1700 INFRASTRUCTURE - ENGINEERS - PlmNERS Monticello, Minnesota , , S~-\O .~ 350 Westwood LJIka 0ft'I0I!I 84.( 1 WayutA Bol.MvaId Mi~1I. MN 5&426 WS8 Prqea No. 1089.1Q Ciy Prqed No. 266 Dme:Au~17, 1998 e12-641-48O:1 4~.1.... f1Jl.1l41-17llO INFRAS1'RUCTURE . ENGINEERS . PlANNERS Monticello, U.S.G.S. Map Figure 2 .. .. _ ______ _ _ ___________ s \1- '\ ";--" ~.:.--r-...... ......J.:.trT1:~ .. - . '. Bi ~ i \' ~ : "-l:1i.M , \ \ ~i~:I;/;... ~L \ ~~~ _. - '_n_n_' ~. __r-u----H , ' rr,.,.,....... : \ o! ~' ~' : -6;. 'S;: Wtzn ?lZ1r~__ r~ . .'Ii~"'~ ~ i _~lIiIt<lI..w..I."'"'= ~ ... -- '''Iia:r,'1.1 m 1'7J11 -- ~~ - n ,:: /1. :: i ~}_ ~ /Oh' ":'fL./,t. In~ ; \ \~.:.: .~t$~J,~~~~ 'fi~ .~~ \ : _ _ ___- f' ~ ~ j;';% ~..., ~ ~ f/);!!1. 'lii /.....XU~&7'-.. L____u_n-\- _ _~.. '.( '@!J .'UN. '-S - ~ ~~ ~ / i ! ..'....., . i r---.; ~ ~/~' 'l5'~ ~~~.. .,.' , i ! 4~ : ~ '''1-_ ~~K~ h'; ;:;;.~~"-~,~ : i i I .........~ ~h~.n. .' ,~ ~,~ ! ' , i H]CH"AY <j, f!:3 ~W ~il, ~~ . ,\. ~ ~ ~~7i ~---------: -- -----:- .--t:t?-~~------ l..JPy; -.. '. ~~i ~~' I:> ,~ : ' I ~ l;+- M ':J~ ~ 110 ',~ ' ! ! ~~ # !\~. !I~~ '--.;:. I, 1" ~___ : i .. ~- V ~ i :ii:il1.1-! fr-.. ~ ~ i , , ! i i l!\ \7~f!fr :. ~ '. :. " 'l ! , : : l.-f I Ill'. 1-,'" "" 1 ' \__u_~__n~~:___~___: ! rn~~~ \ _,_n -c:: u -- ~~~'-~T. ~- !=;--~-- \) 'I' ~~_n_ , 'ft--... ~ 1 ~n"\ . A, I I" I' ' --- , : : I I I . t I I I!: -l ' . ! . : : : :___ __n..+-n ':::':; ! r_n_n~n ! ' ' , ...... a..,.., U~~[fn_~_~- i I'> i i i I:=:- .. ....7,' - ~1'~ ,,-C: D LJ. 'D gmc , up .' '" 0) 'hi ,.. . . .,-, . ,':0+ ,"'" , ~ I U I I (. ~ ~ i ~ .,:~ - '. ". ~ ~ :! il/rg '<-,lJl1O:H : : .hl I ~ ~ j :. . ~ ..' _- - : I \\lfl i lli =w ~ . I I" ,. ~ !.' ..~.. u'. . " -Ii "lr 'VI. !..... i"-~--_--n~ _n__ ----r-.--~-.-- f / .--:o\.-_u-~~l- n n~. ~.. R~~ -- ~)-. .....1 ..... " t1 "," l_l.1 ,- ,...". I .. .t '.~' , . I J /11 ............. .. I .' ~~ I:' . . .,. ;: :. ... I 1 ,rill.... ~_-.......... J .- +-' .' ..... : I i ~j)/ "5~' "''<-~" . .: :. rJ!%1~: i~ '," .,., ...- I I / A 1'\."": I....... . . .. . .. , , ''f'Y''~' -, n.~ .!)-.~. . . ' i -t' I" r I.. ..1,\' : .... ..i1F.1 N' . ,...,' ,1+ r.-----~-~- ____n___-j_'_ u "-iti 5-- - - -' , " I I -q: pi : : i i: : :~~i 1 i . i .L ;(0 i : ~ : ~___.__~-__--j----_--'- ,_n--P-ROJiECT-t.OCAffONn - ~n----1-~n_---n _______ I ~_u I : I ,I ' ! i A! i I ~I i ! !\l~ -f . - ---, -- I T -f ~ --, U .! u ~ _0 ___n_n_}-_~ If J S .,..,., S J S 1Jk.."'h... Sip p I M;:h... . . e12-641-ceoo ,,~lrtc. '>>1,5<1,..1700 INFRASTRUCTURE - ENGINEERS - PlNltoERS Monticello, Minnesota PROJECT LOCATION Figure 3 .... WSB 350 Westwood lAke 0IIk:e 8441 Wayzata BoUewrd MlnnellpOllt. MN 55426 Gold Nugget Development WS8 Prcjed No. 1089.10 city Prcjed No. 266 .. .. 'S,Q,- ,~ . . . COUNCIL U DATE August 24, 998 Council workshops (R.W.) As you are aware, the City Council will need to adop a preliminary budget for 1999 by September 15 and certify this amount to the Wright ounty Auditor's office. Unfortunately, City staff is behind schedule on completing a prelim. ary draft of the proposed budget, but we hope to have a preliminary budget completed by the nd of August. In addition, the first draft of our five-year Capital Improvement Program budget ill also be distributed for review as part of the budget process. This will leave approximately t 0 weeks for the Council to review the preliminary budget. While I realize there may not be more than one or tw workshops that can be squeezed into this two-week time period, the Council will have more 0 portunities prior to our final adoption in December to review and adopt a budget plan. If we e not able to have sufficient workshops prior to September 15, I would suggest that we simpl indicate a proposed tax levy that is the maximum allowable, as we will always have the abil ty to cut back from that point later on. The Council should consider establishing one or mor workshop dates prior the 15th that may work in your schedules. Possibly these workshop da es can be set at Monday night's meeting. INFORMATIONAL I M ONLY August 21, 19 8 Ollie Koropch The Marketing Subcommittee members made up of commissioners Brad Barger and Darrin Lahr and IDC members Dick Van Allen, Don Smith, d Tom Ollig requested the City Council be updated on the progress for development of an industri development marketing program. As you recall in 1998, $35,000 was budgeted by the City ouncil for marketing. The subcommittee met several times and drafted a sch dule and plan for development and maintenance of a City of Monticello industrial mark . g plan. The plan was approved by both the lIRA and the IDC and shared with the Chamber 0 Commerce. City staff members Jeff O'Neill, Karen Doty, Wanda Kraemer, Nancy Whalen and Koropchak are team members for implementation ofthe plan. The plan designates indi duals, estimates time frames, and budgets a dollar amount for completion of each phase. phase I: development or update of an industrial brochure and Phase II: define target market for devel pment of a prospect list, are scheduled for completion and unveiling at the IDC Banquet of Octo er 27, 1998. Request for proposals for hiring a firm for development of concept and design f a brochure were mailed and three firms responded for presentations on Friday, August 21. Additionally, the development of the public relations ampaign has been implemented. . The other phases for completion in 1998: Implementation of targeted marketing plan ( ro-active). Response to industrial inquiries (re-active). Development of city and industrial web site. (Completed) Develop e-mail capabilities for use. Phases targeted for completion in 1999: Participation at trade show promoting indu rial development. Erect industrial sign along freeway. A copy of the four-page plan is available per your r quest. . . I